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Home My WebLink AboutMARCH 23, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYOR MRYERA E. 08ERNDURJ.: At-I.arge VIeT: MAYOR l/JU/S R. JONES, Bayside - [Jislricl4 HARRY /;', lJJHZ,HI., Kempsville - District 2 MARGARET L HURE, Centr:rville - Dis/rict 1 REBA S. McCLANAN, Rose Hall- District 3 Ri(,'IIARD A. MAIJIJOX, Beach - nix/riel (, JIM Rh1;'V/:', Princess Anne - f)istrict 7 1'!n't.R W. SCHMIL)]: AI-f,arge RON A. VILl.ANUFYA, AI-J.arge /?OShMARY WILWJN, At-I.arge JAMFS L WO(JI), f,ynnhaven -Dlslric/5 .~ !lP.\~!i:1~ E+t;; ~ ," "":t II \~ 2 l5i .~..., /1";; ; ~l . /. : \;;, ~/. +l ....,..f- '-,-- --~ ....<>' ~ Q~ o~"T~.,'oy.~ - CITY COUNCIL CITY COUNCIL AGENDA CITY HALL HlI!IJ)fNG I 2401 (,'OCJR1'HOUSE DRlVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) '27.4303 r'AX (757) 426-5669 E MAIL:Ctycnc/@vbgov.com JAMES K .\'},ORR, Cily Manager U;'SLlH L LlUEr, (_'lIy Altomey RU7H HO}X;h:.\' ,\UITH, MMCA, City Clerk 23 March 2004 - CITY MANAGER'S BRIEFINGS: - Conference Room - 1:30 P.M. A. RETAIL STUDY ECONOMIC STRATEGY Donald Maxwell, Director, Department of Economic Development B. AICUZ DEVELOPMENT INTERIM GUIDELINES Robert J. Scott, Director, Department of Planning C. JOINT LAND USE STUDY (JLUS) SCOPE OF WORK Robert J. Scott, Director, Department of Planning D. CITY WATERSHEDS H. Clayton Bernick Environmental Management Programs Administrator, Department of Planning II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend David Howard Pastor, Brook Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS March 9, 2004 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PROCLAMATION VIRGINIA ARCHITECTURE WEEK - April 2-9, 2004 I. PUBLIC COMMENT 1. ATLANTIC AVENUE CAFE PILOT PROGRAM J. PUBLIC HEARINGS 1. TRANSPORTATION ENHANCEMENTS Elbow Road Extended and Dozier's Bridge 2. LEASES OF CITY. OWNED PROPERTY a. Cafe Franchise Agreements b. Timberlake Community Association, Inc. Foxwood Drive adjacent to South Independence Boulevard c. Omnipoint Communications CAP Operations, LLC North Great Neck and West Plantation Roads .. ""'---,- ,-,-"-~._~-_._.~---------_. ---.--- 3. EXCESS CITY-OWNED PROPERTY Nimmo Parkway and George Mason Drive K. CONSENT AGENDA L. ORDINANCES 1. Ordinance to AMEND and REORDAIN 9 36-99 of the City Code for Taxi Cabs by revising financial reporting requirements 2. Ordinance to DECLARE EXCESS PROPERTY at Nimmo Parkway and George Mason Drive; and AUTHORIZE the City Manager to execute a Land Exchange Agreement and any other related document(s) with Hampton Roads Sanitation District (HRSD). 3. Ordinance to AUTHORIZE and APPROVE the Development Authority's use of $4,000,000 of the Economic Development Investment Program ("EDIP") funding for construction of the Town Center Phase II public infrastructure and the use ofEDIP funds to hire the Authority's Construction Manager, conditioned on reimbursement of EDIP funds from Phase II Bonds. 4. Ordinances to AUTHORIZE the City Manager to execute Leases on certain city- owned property: a. Omnipoint Communications CAP Operations, LLC at North Great Neck and West Plantation Roads for easements to allow vehicular and pedestrian access; installation and maintenance with replacement of necessary utilities; and, to construct and operate an accessory building for wireless telecommunications (See Planning Item 8) b. Timberlake Community Association, Inc. for storage of major recreational equipment at Foxwood Drive adjacent to South Independence Boulevard 5. Ordinances to AUTHORIZE temporary encroachments into: a. Grayson Road by VIRGINIA BEACH FREE WILL BAPTIST CHURCH to install a wooden pedestal bridge b. Pleasure House Road, Lake Drive and Machen Avenue by BAY REFLECTIONS BUILDING, LLC to construct and maintain a vinyl fence c. Kempsville and Providence Roads by KEMPSVILLE CORNER ASSOCIATES to maintain an existing business identification sign at 904 Kempsville Road ---r- 6. Ordinance to APPROPRIATE $132,891 from the State Compensation Board and TRANSFER $130,000 from Reserve Contingencies to the Sheriffs Department FY 2003-04 operating budget re employing fifteen additional Deputies. M. RESOLUTIONS I. Resolution to ENDORSE a proposed transportation enhancement project to the Commonwealth Transportation Board for steel-backed timber guardrails (Phase I) and ACKNOWLEDGE the requirement for a local match. 2. Resolutions REFERRING to the Planning Commission a. Proposed amendments to SS 250, 251, 252 and 253 of the City Zoning Ordinance (CZO) to REPEAL the Open Space Promotion option. DEFERRED: MARCH 2, 2004 b. Alternate Version: Proposed amendments to SS 251, 252 and 253 and 506 of the City Zoning Ordinance (CZO) to allow Open Space Promotion option. c. AMEND and REAFFIRM Interim Guidelines governing applications for land use development in Air Installations Compatible Use Zones (AICUZ). DEFERRED: FEBRUARY 24,2004 3. Ordinances re Open Air Cafes: a. RENEW existing franchises (9) b. GRANT new franchises (2) c. Resolution to ESTABLISH a pilot program for open air cafes on Atlantic Avenue between 20th and 23,'d Streets 4. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) to: a. ACCEPT 40.18 lane miles of additional streets b. ACCEPT corrections and deletions to the revised road inventory for urban maintenance N. PLANNING - NO ACTION I. Petition of RONALD C. and DONNA G. RIPLEY for a Variance to S 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) at 4101 White Acres Road. (DISTRICT 4 - BA YSIDE) -..-----,. -"-,..~~"_._---,-~,-- O. PLANNING 1. RECONSIDERATION: Applications ofF. DONALD REID at 3592 Indian River Road: (DISTRICT 7 - PRINCESS ANNE) a. Variance to 9 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 a forty-five-foot (45') Jot subdivision with open space and walking trails in the Transition Area b. Chan~e orZonin~ 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: APPROVED: SCHEDULED ADVERTISING FOR RECONSIDERATION: APPLICANT REQUESTS DEFERRAL TO: RECOMMENDATION: December 2, 2003 for Sixty (60) days September 23, 2003 February 10, 2004 February 17, 2004 March 23, 2004 APPROVAL 2. Application of OCEAN BAY HOMES, L.L.C. for a nonconrormin~ use to replace two (2) existing multifamily structures with two (2) single family residential structures at 305 26th Street. (BEACH - DISTRICT 6) RECOMMENDATION: APPROVAL 3. Application of ROBERT W. and MARIA L. KANIA re discontinuance, closure and abandonment of a portion of an Alley adjacent to Lot 15, Block 22, Croatan, at South Atlantic Avenue and Croatan Road to incorporate this area into Lot 15. (BEACH - DISTRICT 6) RECOMMENDATION: APPROVAL 4. Applications of VA-CAR DEVELOPMENT, L.L.C., at Salem and North Landstown Roads. (PRINCESS ANNE - DISTRICT 7) a. Petition for a Variance to 9 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) and to subdivide the property into twenty-eight (28) single-family home lots with wooded open space and trails (two (2) flag lots proposed do not meet the lot width requirement). b. Chan~e orZonin~ District Classification from AG-l and AG-2 Agricultural to Conditional R-20 Residential c. Conditional Use Permit for Open Space RECOMMENDATION: APPROVAL -'-'-- 5. Petition for a Variance to S 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for JOHN L. WILLIAMS and ELLEN LANE WADSWORTH to subdivide an additional lot (Parcel F) at Princess Anne and Pleasant Ridge Roads. (PRINCESS ANNE - DISTRICT 7) RECOMMENDATION: APPROVAL 6. Application of VIRGINIA BEACH TRAVEL SOCCER, INC., a Virginia Corporation T/ A BEACH FC for a Conditional Use Permit re a recreational facility of an outdoor nature (soccer fields) at Shipps Corner and Holland Roads. (DISTRICT 6 - BEACH) DEFERRED: RECOMMENDATION: FEBRUARY 24, 2004 APPROVAL 7. Application of JEFFREY K. FRANCIS, INC. for a Conditional Use Permit re an off-site parking lot at 2149 Vista Circle. (L YNNHA VEN - DISTRICT 5) RECOMMENDATION: DEFER TO APRIL 27,2004 8. Application of OM NIP OINT (T-Mobile) for a Conditional Use Permit re a communications antenna on top of an existing tower at North Great Neck and Plantation Roads. (L YNNHA VEN - DISTRICT 5) RECOMMENDATION: APPROVAL 9. Application of KRAMER RED MILL #20 L.L.C. for a Conditional Use Permit re automobile repair at Nimmo Parkway and Upton Drive. (DISTRICT 7 - PRINCESS ANNE) DEFERRED re Sunday operation: RECOMMENDATION: MARCH 9,2004 APPROVAL 10. Applications of ALCAR, L.L.C. at Nimmo Parkway and Rockingchair Lane: a. Chani!e ofZonini! District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-IO Residential District b. Conditional Use Permit for Open Space DEFERRED: FEBRUARY 24,2004 DECEMBER 9, 2003 OCTOBER 28, 2003 DEFERRAL APPROVAL STAFF RECOMMENDATION: RECOMMENDATION: ^_.-..._-_.._----_.._~ .,-_...... , P. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a)PlumbinglMechanical (b )Building Maintenance HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREA nON COMMISSION PUBLIC LffiRARY BOARD 1. Amend Virginia Beach Code Section 17-3 2. Change Membership to reflect two (2) Students 3. Add a Representative of the Schools to the membership RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD Q. UNFINISHED BUSINESS R. NEW BUSINESS I. Consider RESCHEDULING the regular meetings of City Council a. April 6, 2004 Passover b. May 4, 2004 Councilmanic Election S. 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 03/23/04\blb\gw www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 23 March 2004 Mayor Meyera E. Oberndorf called to order the City Council Briefing re RETAIL STUDY ECONOMIC STRATEGY in the Council Conference Room, City Hall, on Tuesday, March 23, 2004, at 1:30 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Richard A. Maddox [Due to illness, Entered: 4:00 P.M.] - -'T - 2- CITY MANA GER 'S BRIEFING RETAIL STUDY ECONOMIC STRATEGY 10:00 A.M. ITEM # 52370 Donald Maxwell, Director - Department of Economic Development, advised on September 2003, a Virginia Beach Retail Study was commissioned. This study would guide the decision making relative redevelopment throughout the City, especially in the strategic growth areas identified in the Comprehensive Plan. Mr. Maxwell advised the 300-page detailed study would be distributed to City Council. The Executive Summary was distributed with City Council's agenda packages. Mr. Maxwell introduced John Melaniphy and John Melaniphy, Jr. - Melaniphy and Associates. Mr. Maxwell recognized the Economic Vitality Strategic Issue Team, the catalyst which recommended initiating the Retail Study. Cynthia Whitbred-Spanoulis Project Manager Jerald Banagan Real Estate Assessor Gary Jones Public Utilities Engineering Robert Matthias Assistant to the City Manager Mr. Maxwell also expressed appreciation to Patricia Phillips, Director of Finance, and William Davis, Finance - Purchasing. John Melaniphy advised the Virginia Beach Retail Study encompassed an overall macro market analysis, a resident telephone shoppers survey, utilization and focus of the twelve (12) Strategic Areas from which conclusions and recommendations were developed. A telephone shopper survey offive hundred (500) individuals at random was conducted in November 2003 by Continental Research with a questionnaire designed by Melaniphy & Associates, Inc. The surveys were distributed by Zip Code. Mr. Melaniphy displayed charts indicating the telephone Survey Results: "''''''''''','''~;]EJ:L..;;; '7=""=""7':0/,',",';"'-, ..., .~,~~~"..,. ....,."......."",,,.,, GROCERY STORES SHOPPED MOST OFfEN March 23, 2004 - 3 - C IT Y MANA G E R 'S B R IE FIN G RETAIL STUDY ECONOMIC STRATEGY ITEM # 52370 (Continued) "., ,."..,m""""'","<'IB"?ZTiiLZ!::""')", March 23, 2004 - 4- C IT Y MAN AGE R 'S B R IE FIN G RETAIL STUDY ECONOMIC STRATEGY ITEM # 52370 (Continued) Mr. Melaniphy advised relative grocery stores, Costco is second to the last in the graph, as there is only one (1) store in the market area. Relative Department Stores, Hecht's is the favorite. Kohl's opened shortly after the survey was being completed, and therefore, is not reflected. Customers explained Hecht's is their favorite due to numerous sales. Mr. Melaniphv itemized the Customer Mall Ratin"s: Items Lynnhaven Mall Pembroke Mall Greenbrier Mall MacArthur Center Quality of stores 7.8 6.1 7.8 8.6 Selection of stores 7.8 6.7 7.6 8.4 Variety of stores 7.8 5.6 7.4 8.2 Parking 7.7 6.8 7.6 7.1 Price/Value 7.2 7.1 7.3 6.3 Atmosphere 7.8 5.8 7.6 8.4 Sales Clerks 7.4 7.1 7.5 7.8 Getting in & out 7.2 6.8 6.9 7.1 The average driving time to the Mall is 13.8 minutes. This is a lower than typical driving time, indicating that Virginia Beach enjoys good accessibility, especially to Lynnhaven and Pembroke Malls. Convenient location (68.6%) was the primary reason for choosing the Mall. Another 23.7 percent identified the selection/variety of stores as the primary reason. Other reasons were below 5%. 67% visit the Mall at least once a month. 38.4% shop outside of Virginia Beach at least once a month. 17.6% indicated they never shop outside Virginia Beach. Clothing and accessories (72.60%) are the number one item' purchased outside of Virginia Beach, followed by home furnishings (28.4%), Shoes (22.6%), and restaurantslfood places (20.6%). These retail categories, among others, represent the kinds of goods and services for which Virginia Beach residents are shopping outside the City and represent political retail sales leakage. Some of the stores providing merchandise in these retail categories are found in Chesapeake, Norfolk, Hampton, Williamsburg, Richmond, Washington, D. C. and others. 24% shop at the Military Exchanges at least once a month. The Military Exchanges are capturing sales that do not render taxes to Virginia Beach. The average resident visits the Oceanfront 5.4 times. 29.2% never visit the Oceanfront. Mr. Melaniphy itemized the list of issues to address re encouraging more visits: Parking issues Traffic and Congestion More events and activities Better stores and restaurants Family issues Safety and security Family atmosphere 38.7% 20.6% 7.2% 5.6% 4.8% 3.6% 2.2% March 23,2004 - 5 - C IT Y MANA G E R 'S B R IE FIN G RETAIL STUDY ECONOMIC STRATEGY ITEM # 52370 (Continued) Relative stores and restaurants normally visited at the Oceanfront, 51.2% visited none in particular or indicated they did not know the names of the places normally visited. Mahi Mah's led the list with 10.4%, followed by Waterman's at 6.0%. Dairy Queen came in third at 3.0%. . Internet Purchases 55% make purchases on the Internet 45% do not make purchases on the Internet 26% purchase at least once a month Items purchased by the 55%: Clothing/Accessories BookslMagazines Home Furnishings AirlinelAuto/Hotel Reservations Toys Electronics Computers/Hardware Music 32.7% 27.6% 16.2% 15.8% 13.6% 12.9% 12.5% 12.1% The Internet is still an alternative place to purchase. Catalog and Internet shopping were "lumped" into one category. Melaniphy & Associates has evaluated the demographic characteristics of the City specifically and the per capita income levels. The income data from the Census Bureau has been utilized. The income statistics combined with the Commonwealth of Virginia Department of Taxation Sales Tax Receipts data and the United States Department of Commerce, Census of Retail Trade, 1997, provided insight into per capita retail expenditures by individual retail category (NAICS Code). The estimated Retail Expenditure Potential within Virginia Beach was computedfor 2003, 2008 and 2010. These data represent the market potential for which retail facilities are competing. 2003 Estimated 2003 Estimated 2003 Virginia Beach Resident Market Market Ma'or Cate ories Sales Potential Penetration Apparel $192,578,036 $281,074,950 68.5% AutoIDJtive $1,241,642,628 $1,300,295,961 95.5% Food $1,194,533,172 $1,298,566,269 92.0% FumitureIHome Fum/Equip $395,900,482 $381,829,509 103.7% General Merchandise $776,655,063 $704,417,067 110.3% Lumber/Bldg Materials $197,479,647 $212,319,693 93.0% Fuel $11,357,819 $14,269,959 79.6% Machinery /Euip/Supp lies $179,908,842 $179,455,545 100.3% Miscellaneous $684,637,880 $657,282,960 104.2% Hotels $204,262,574 $203,238,810 100.5% Alcoholic Beverages $11,216,115 $7,783,614 144.1% Other Mise/Unidentifiable $4.430.876! $3.762.080 117.8% Total $5,094,603,134. $5,244,296,417 97.1% Approximately $700-MILLION is expended by visitors to the area. The actual market penetration, if this $700-MILLION is removed, would be 84%. March 23, 2004 . -_."--~.----r-- - 6- CITY MANAGER'S BRIEFING RETAIL STUDY ECONOMIC STRATEGY Sales Summary Apparel Aut01wtive Food Furniture/Home FumIEq . General Merchandise Lumber/Bldg Materials Fuel MachinerylEuip/Supplies Miscellaneous Hotels Alcoholic Beverages Other MisclUnidentifiable Total ITEM # 52370 (Continued) ESTIMATED RETAIL SALES 2003,2008, & 2010 VIRGINIA BEACH, VIRGINIA 2003 2008 Estimated Estimated Virginia Beach Virginia Beach Sales Retail Sales $192,578,036 $1,286,458,425 $1,194,533,172 $395,900,482 $776,655,063 $197,479,647 $11,357,819 $179,908,842 $684,637,880 $204,262,574 $11,216,115 $4,430,876 $5,139,418,931 $200,315,544 $1,838,861,421 $1,343,825,675 $495,285,583 $994,981,878 $203,404,037 $11,768,000 $189,716,631 $870,200,708 $233,959,425 $8,767,203 $4,402,759 $6,395,488,865 2010 Estimated Virginia Beach Retail Sales $218,343,943 $2,147,790,140 $1,451,331,729 $544,814,142 $1,104,429,884 $209,506,158 $11,885,680 $193,510,964 $916,321,345 $245,657,397 $8,942,547 $4,446,786 $7,056,980,716 The net Retail Sales Leakage is estimated at approximately $400-Million. This leakage can be reduced through the completion of the Town Center, the improvements at Pembroke Mall, the Lynnhaven Mall area and the expansion of the new restaurant and retail facilities at the Oceanfront. Approximately $124- MILLION is expended at the Military Exchange. Recommendations Virginia Beach's Image Differentiate Virginia Beach from Norfolk MacArthur Center problems are affecting Virginia Beach Image needs to be addressed with retailers, real estate brokers, developers and others Attend International Council of Shopping Centers (ICSC) meetings, magazine advertising and others ---r--'- March 23, 2004 - 7- C IT Y MANA G E R 'S B R IE FIN G RETAIL STUDY ECONOMIC STRATEGY ITEM # 52370 (Continued) Town CenterIPembroke Implement Town Center Development Improve Pembroke Mall Add Target to the area Address peak traffic capacity Virginia Beach Boulevard is the retail "Spine" of the City's Gateway. Encouraging improvement and beautification along the Boulevard Lynnhaven Mall Area City's current retail Jewel Lord & Taylor needs to be replaced Crime perception is growing Area to the south is becoming blighted and vacant The Mall should be protected and the area improved Oceanfront An irreplaceable asset Moving toward the next level of attraction Long term movement to upgrade with wider appeal Needs both new restaurants, retail and improvement of some of the existing facilities The Convention Center will create opportunity, but needs some help to service the visitors Oceanfront - Laskin Road Local shopping area for local residents Already has some critical mass including supermarkets, drug stores, restaurants and shops Demand for speciality retail shops will increase Encourage and assist in development redevelopment west along Laskin Road Oceanfront - 19" Street Create an opportunity at i9" Street and Pacific Avenue Initial market for 40,000 square feet Add land to City land to create a site initially with parking at-grade Phasing for future development as the market grows Restaurant complex with some retail shops in a unique setting High volume year-round restaurants should become the attraction ($8- to i5-MILLION a year in business) March 23, 2004 - 8- C IT Y MANA G E R 'S B R IE FIN G RETAIL STUDY ECONOMIC STRATEGY ITEM # 52370 (Continued) Redevelopment Authority Address commercial problems Eminent Domain Land Acquisition Tax Abatement Tax Credits Incentives Other tools SUMMARY Virginia Beach has strong retail Numerous opportunities for improvement Town Center/Pembroke will be a success Lynnhaven Mall area must be improved Oceanfront has a great future with improvement of parking, congestion and new restaurant and retail facilities Most strategic areas are strong, but need some redevelopment assistance Relative the opportunity for an outlet at the Oceanfront, the highway ends at the Oceanfront does not go beyond. It is one directional access. Thus, it is difficult to entice retailers into an outlet environment at this type of location. However, the outlets are shifting away to the "off-price" concept as demonstrated by a Kohl's. Relative the ethnic market places, Mr. Melaniphy advised these tend to be smaller retailers, usually independent. Some chains are moving slowly into that direction. These ethnic markets represent marvelous opportunities for retailers who have a knowledge of merchandising. Mr. Melaniphy believed in Phases II and III a series of ethnic enclaves (comprised of a many different ethnic groups) could be created. Phase I should comprise enticing people to the Oceanfront year 'round rather than just during the season. Virginia Beach's ultimate goal will be upgrading. Concerning building a Farmer's Market similar in quality to the one located in Philadelphia, Pennsylvania, Mr. Melaniphy suggested a location to the west in close proximity to Pembroke/Town Center. The more it is part of the pattern, the better the Farmer's Market will perform. If the Farmer's Market were to be located by the Convention Center, individuals would have to make a special trip. The Rudee Loop location is a marvelous site with great potential. Rudee Loop needs to be maximized, (the frontage particularly) and with multi-levels with respect to restaurants, entertainment and a hotel. Entertainment at Rudee Loop should be reviewed by the experts in that particular field. Retailers come to cities in "batches of threes". Mr. Maxwell advised one of the key factors entailed identity. Approximately seventy-five percent (75%) of the retail activities are initiated during the International Council of Shopping Centers (ICSC) meeting in Las Vegas. Mayor Oberndorf; Councilman Wood will accompany Donald Maxwell and Cynthia Whitebred-Spanoulis to the meeting. All the positive points in this Retail Study will be distributed in the format of a fold-out to the members in attendance. March 23, 2004 - 9- C IT Y MANA G E R 'S B R IE FIN G RETAIL STUDY ECONOMIC STRATEGY ITEM # 52370 (Continued) A longer term strategy will be presented to City Council at a future session. Residential plays a key part in commercial development. Relative Lynnhaven Mall, a strategy must be prepared concerning addressing some of the commercial and residential decline in the area. Strategic growth areas have been identified and all involve reuse, which entails redevelopment. The tools and how to approach redevelopment must be examined in the long term. The City Attorney advised the citizens must vote by Referendum for the creation of a Redevelopment and Housing Authority. The City Council could limit the duties and area of the Authority, but this not allowed as part of the Referendum. However, Redevelopment tools exist as Tax Increment Financing (TIF), tax abatement, tax credit, et cetera. These tools need to be explored at further workshops. Lynnhaven Mall is a TIF District. Mr. Maxwell advised of recommendations from the Development Authority concerning the Economic Development Investment Program (EDIP) funding increase shall be scheduled for the City Council Session of April]3, 2004. This Retail Study shall be made available to all residents and especially the commercial realtors and developers. March 23, 2004 - /0- C IT Y MANA G E R 'S B R IE FIN G AICUZ DEVELOPMENT INTERIM GUIDELINES 3:00 P.M. ITEM # 52371 Robert J. Scott, Director of Planning, advised on February /0, 2004, the City Council adopted Interim Guidelines governing applications for development in Air Installations Compatible Use Zones (AICUZ), which had been developed by the Task Force on Land Use within the AICUZ, and recommended to the City Council by the TaskForce on February 3,2004. An amendment concerning this provision of the Guidelines has been proposed and is the subject of the Resolution. The proposed Resolution amends the Guidelines by deleting the exception for land use applications as of February 3, 2004. Applications where all of the property is outside the 70 decibel line should be allowed to go forward; however, if all or a portion is inside the 70 decibel line, then these applications should be deferred until the completion of the Joint Land Use Study (JLUS). Deputy City Attorney William Macali, distributed an Alternative Resolution, deleting the exception for land use applications which have been filed as of February 3, 2004, and embodies the Task Force recommendation that no Conditional Zoning Change be made to the 70 decibel provision. This shall remain as is. The Alternative Resolution also embodies an amendment suggested by Deputy City Attorney Macali: (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; to avvlications for discretionarv avvrovals of/and uses not deemed incomvatible under Table 2 rSuf!f!ested Land Use Comvatibilitv in Noise Zones) or Table 3 rSuf!l!ested land Use Comvatibilitv in Accident Potential Zones) of the Devartment of the Navv's AICUZ vrOf!ram vrocedures and Guidelines (or Devartment o(the Naw Air Installations rOPNA V Instruction 1I0/0.36BJ: or nor to applications for discretionary approvals on property entirely outside of an AICUZ area. Mayor Oberndorf advised the three (3) Council Liaisons (Mayor Oberndorf, Council Members Maddox and Reeve) are not voting members, but are simply there as "observers ". These guidelines do not have to be referred to the Planning Commission. Captain Keeley was present, but at the time not a member of the Task Force, when the 70 decibel provision was considered. The City Manager advised Captain Keeley ABSTAINED at the meeting of the Task Force last week. Mr. Scott also distributed sections of the OPNA V Instructions 1I0JO.36B. Mayor Oberndorf advised, according to Captain Keeley, NAS Oceana is the most encroached upon Military base in the United States. Mr. Scott advised the answer to the Mayor's concern is reflected in the language at the bottom of Page 2 of the Alternate Resolution: "... .Accordingly the City Council of the City of Virginia Beach sets forth these Interim Guidelines intended to move forwardJor 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." March 23, 2004 -11 - CITY MANA GER 'S BRIEFING JOINT LAND USE STUDY (JLUS) SCOPE OF WORK 3:17 P.M. ITEM # 52372 The City Manager advised Robert Scott, Director - Department of Planning, will comment on his efforts to meet with the Cities of Chesapeake and Norfolk and the federal Office of Economic Adjustment last week relative the Joint Land Use Study. Robert Scott advised the desire and inclination to defer or delay applications is predicated on the ability to move forward and rapidly settle the issues before the City. A meeting was held on March 17, 2004, attended by the City staff representatives, Norfolk and Chesapeake City staff representatives, the Office of Economic Adjustment, the Hampton Roads Planning District Commission (HRPDC) (technically the sponsor of the Joint Land Use Study), and the Navy. One of the first accomplishments was to develop a scope of work re the Joint Land Uve Study. Available Joint Land Use Studies have been downloaded off the Internet. The Planning staff has outlined eleven (11) key points, which need to be included in the discussions of the Joint Land Uve Study. Tom Pauls, Comprehensive Planner, at the present time (March 23, 2004), is attending a second meeting of the Joint Land Use Study as his representative. There will also be a chapter dealing with the Norfolk and Chesapeake issues. Mr. Scott advised the Task Force has endorsed these eleven (11) key points for the City of Virginia Beach: 1. A thorough discussion of our Comprehensive Plan (ADOPTED: December 2, 2004). In order to be successful, the OPNAV instructions have to be placed in context and this necessitates a thorough understanding of our community, its goals, limitations, problems, opportunities and values, and how it intends to balance them. We are intent on building a quality home for our residents and this includes building a quality home for the military community. 2. A thorough discussion of the accomplishments the City has achieved already. Amendments to our zoning ordinance, the building code, the configuration of our strategic growth areas in the Comprehensive Plan, etc., all done to accommodate the important relationship we have with the Navy, tells the story of a city who is committed to cooperation with the Navy as a way of doing business. It is important to establish this at the outset. 3. A thorough outline of the strategy behind the Transition Area and what the less favorable options to this strategy are. 4. An emphasis on the need to redevelop our city, and how good we feel about the fact that our Comprehensive Plan gets us out in front of this issue before it is too late. Our redevelopment plans necessitate certain actions, especially in particular areas of the city, and these need to be spelled out in detail, since they are part of our strategy of how we are going to build our city. March 23, 2004 ---'--r--' - 12- C IT Y MANA G E R 'S B R IE FIN G JOINT LAND USE STUDY (JLUS) SCOPE OF WORK ITEM # 52372 (Continued) 5. An explanation of the importance of the Resort Area, both historically and as it relates to our future, and the need to create a quality environment. It needs to be established that replacing existing hotel stock with new, and replacing older retail centers with new, and injecting a critical mass of year 'round residential in the area, is critical to the well being of the Resort Area. 6. A clarification that encroachment, if that is the word to be used, comes in degrees, and that although much recent attention has been cast upon small scale development on the fringes of the area of concern, there exists extensive large scale developments in the highest noise zones and the highest accident potential zones and that appropriate redevelopment over time may well represent the most effective action that can be taken. 7. An examination of the effects of the curtailment of reasonable development options to the extent that none but unreasonable possibilities are left to property owners. 8. An examination of the possibilities and effectiveness of expanded disclosure and notification measures, and possibly expanded attenuation measures, as they may be effective in mitigating the effects of unavoidable development in the geographic areas of concern. 9. An exploration of the opportunities for purchase of development rights or other compensatory programs where the opportunity for reasonable development is effectively eliminated by legitimate concerns expressed by the Navy. Such explorations should include federal funding programs. 10. An exploration of the possibilities of adjustments to Naval flight operations that could minimize the impact on the citizens of the City. This is appropriate when facing the introduction of newer and noisier aircraft to be based in the area. 11. A method to gauge the attitude of our citizens affected by air operations. Matters at stake, the viability of air operations at the largest air base on the East Coast, and the rights and reasonable expectations of our citizens, are important considerations. In order to be accepted by the people who will bear the brunt of new OPNA V regulations, it would be immensely helpful if they could be shown to have a basis in fact. Agricultural Reserve Program (ARP) rights have been acquired over 1800 acres of land which are under the AICUZ footprint. March 23, 2004 -13 - C IT Y MANA G E R 'S B R IE FIN G JOINT LAND USE STUDY (JLUS) SCOPE OF WORK ITEM # 52372 (Continued) The Scope of work must first be submitted to the Office of Economic Adjustment Concerning Issue No. 11, relative a method to gauge the attitude of our citizens affected by air operations and the Automobile Association study, Mr. Scott advised he has heard this study criticized as many residents do not live under the noise patterns. Mr. Scott believes this study should be examined critically and supplemented with more detailed analysis by those citizens directly affected by the noise. This study is a starting point in addressing Issue No. 11. Captain Keeley has advised the Navy he would be willing to assemble data compiled from noise complaints. Information relative physical examples of Super Hornet sound levels were requested in order to make land decisions. Mr. Scott suggested, if City Council concurs, a professional firm could devise an appropriate questionnaire re residents living within the noise area concerning selling their home because of this jet noise or whether they would build again in this area. This would assure objectivity. March 23, 2004 ~---~ - 14- C IT Y MANA G E R 'S B R IE FIN G CITY WATERSHEDS 3:45 P.M. ITEM # 52373 H. Clayton Bernick, Environmental Management Programs Administrator, Department of Planning. advised a Watershed is an area which collects runofffrom rainfall and discharges to a single point. Virginia Beach is divided into three (3) primary watershed areas: Chesapeake Bay Watershed, Southern Watershed and Owls Creek Watershed. Runoffji-om rainfall collects and concentrates nutrients, sediments and other substances within a Watershed Area. City programs to address water quality improvement are focused around reducing substances in runoff from rainfall. A map depicting the major watersheds was displayed: Back Bay, Elizabeth River, Little Creek, Lynnhaven River, North Landing River, Northwest River, Rudee Inlet and Small Coastal Watershed. Elizabeth River Army Corps of Engineers Environmental Restoration Study - Sediment Cleanup Southern Branch - Wetlands Projects in each City Woodstock Cove Wetlands IRestoration Project and Urban Stream Restoration Project Design undenvayon Wetlands Portion; Corps Funded - Design Commence on Street Portion; City Funded Elizabeth River Project - Education and Awareness Efforts - Lobby for funding for Corps projects Federal Funding Uncertain for Future Potential Corps Wetlands Restoration Projects Identifiedfor future - Woods of Avalon - Carolanne Farms - Jonathan Cove - Potential for Stormwater Quality Enhancement components Little Creek City Acquisition of Open Space Areas - Norfolk Property - Williams Farm Property Improved protection of raw water supply reservoirs - Model Water Supply Watershed Protection Ordinance - Developed at Regional Level March 23, 2004 -15 - C IT Y MANA G E R 'S B R IE FIN G CITY WATERSHEDS ITEM # 52373 (Continued) Lynnhaven River Corps Environmental Restoration Study - Finalize Scope of Work - Determine and Identify City funding match (will be in Millions) Fecal Chloroform Total Maximum Daily Load (TMDL) - Implementation Plan (Court ordered requirement) Stormwater Management Projects - Pembroke Area Stormwater Management Facility Study - Linkhorn Bay (Linkhorn Cove, Brighton on the Bay, The Reserve) and Boat Ramp Water Quality Enhancements - Stormwater Capital Improvement Program Projects with Water Quality Enhancements (Oceana Gardens West, Americus Avenue) .. Sanitary Sewer Projects - Little Neck Point - Pump Station Enhancements Watershed Management Plan - Integrated approach to accomplish Watershed goals Lynnhaven River 2007 - Stormwater, Oyster, Buffer, Special Events, Public Relations, Fund Raising, Clean Marinas and Government Affairs Committees; Projects forthcoming Oyster Heritage Plan - Oyster Heritage Trust Fund ($200,000 in donations have been received) - Corps Oyster Restoration Project (Over nine (9) acres have been created) .. Public Utilities will complete the Little Neck Point Sewer projects within the next few months to a year. When this project is completed, the number of septic tanks within the Lynnhaven Watershed will decrease to approximately two hundred (200). Major progress has been made as previously there were over 30,000 septic tanks. North Landing River Water Use Conflict Memorandum of Agreement - Corporative approach to protect waterways and fragile resources Stumpy lake - Cooperative efforts with citizens for Stumpy Lake Public Access Information - Landing Kiosks Land Conservation - Agricultural Reserve Program, The Nature Conservancy, Virginia Department of Conservation and Recreation, - Open Space Acquisition and Management Plan March 23,2004 -16 - C IT Y MANA G E R 'S B R IE FIN G CITY WATERSHEDS ITEM # 52373 (Continued) Back Bay Water Use Education and Public Access Information - Landing Kiosk~ - Promote Cooperative approach to protect waterways and and fragile resources Land Conservation - Agricultural Reserve Program, Virginia Department of Game and Inland Fisheries, United States Fish and Wildlife Service General education and awareness - Continued support for Back Bay Restoration Foundation efforts Approximately 12 miles of Shoreline on Back Bay were protected, close to four hundred (400) acres of property. Funds were not required from the City, except the placing of a conservation easement over a portion of the Stumpy Lake property. The value of the Grant was in excess of $l-MILLION. Owls Creek Watershed Assessment of Existing Conditions - Baseline for decision making Owls Creek - Rudee Inlet Watershed Association - Continue cooperative efforts Public and private projects under consideration - Virginia Marine Science Museum expansion - Open Space acquisition - Relocated boat ramp - Potential marina project Summary Each watershed has unique values, issues and opportunities Efforts are clustered in specific areas Coordinated approach between City departments drawing on expertise areas Partner with Community Watershed Organizations Next Steps Negotiate contract with United States Army Corps of Engineers on scope of work for feasibility phase of Lynnhaven Environmental project Negotiate contract with United States Army Corps of Engineers on construction phase of Woodstock Cove project Undertake Owls Creek Watershed assessment March 23,2004 -17 - C IT Y MANA G E R 'S B R IE FIN G CITY WATERSHEDS ITEM # 52373 (Continued) The article in the Virginian-Pilot today, March 23, 2004, only referenced a few of the waterways in Virginia Beach. There are twenty-seven (27) waterways in Virginia Beach listed as being impaired in the DRAFT report and each one of them would require a fecal chloroform implementation process. The estimated cost for an implementation plan just for the fecal chloroform in the Lynnhaven would be approximately $50,000. Several of the watersheds might have three or four different implementation plans. This entails a major commitment. As this is afederal commitment, somefunding should be provided by the Federal Government. Mr. Bernick referenced sewers have been installed in a majority of the areas. The last major sewer expansion, north of the Green Line is the tip area of Little Neck which should be completed later in the year. Mr. Bernick shall provide a list of the local tributaries. A simple concise flyer relative illicit discharges into the waterways was suggested to be inserted in utility bills as a method of education. Mr. Bernick advised there is an Environmental Management section under Planning on the City's website: www.vbf!ov.com.An individual can type in their name and address and be advised of the location of their particular watershed. This will be expanded to advise of specific issues in that particular watershed with a list of things citizens can accomplish to assist the situation. Mr. Bernick will refer to the proper authorities the concern of the Mayor regarding a contract worker resurfacing a road and placing asphalt in a storm drain. March 23, 2004 -18 - AGE N DA REV I E W S E S S ION 4:18 P.M. ITEM # 52374 L.3. Ordinance to AUTHORIZE and APPROVE the Development Authority's use of $4,000,000 of the Economic Development Investment Program ("EDIP") funding for construction of the Town Center Phase II public infrastructure and the use of EDIP .funds to hire the Authority's Construction Manager, conditioned on reimbursement of EDIP funds from Phase II Bonds. Council Lady Wilson inquired relative the reimbursement. The City Manager advised reimbursement will occur approximately six (6) months ji-om the time of the sale and the closing. ITEM # 52375 L. 4. Ordinance to AUTHORIZE the City Manager to execute Leases on certain city-owned property: a. Omnipoint Communications CAP Operations, LLC at North Great Neck and West Plantation Roads for easements to allow vehicular and pedestrian access; installation and maintenance with replacement of necessary utilities; and, to construct and operate an accessory building for wireless telecommunications (See Planning Item 8) Councilman Wood inquired whether the City had design approval over the building. Stephen White, Planning, referenced Planning Item L.8. Application of Om nip oint (T-Mobile)for a Conditional Use Permit re a communications antenna on top of an existing tower at North Great Neck and Plantation Roads. (Lynnhaven - District 5) The building depicted in site plan as part of the Conditional Use Permit will be the standard construction. Deputy City Attorney Macali advised the lease is subject to all conditions of the Use Permit. A condition shall be added to the Use Permit to protect the City's right to approve the design. March 23, 2004 . - ----_._--------~ -19- AGE N DA REV IE W S E S S ION ITEM # 52376 1. 4. Ordinance to AUTHORIZE the City Manager to execute Leases on certain city-owned property: b. Timberlake Community Association, Inc. for storage of major recreational equipment at Foxwood Drive adjacent to South Independence Boulevard Council Lady McClanan expressed concern relative this application. Jim Lawson, Real Estate, advised the applicants are agreeable to working with the City Arborist to develop an acceptable landscape plan. Councilman Villanueva expressed concern as all boats and vehicles stored should be covered. ITEM # 52377 1.5. Ordinances to A UTHORIZE temporary encroachments into: c. Kempsville and Providence Roads by KEMPSVILLE CORNER ASSOCIATES to maintain an existing business identification sign at 904 Kempsville Road Council Lady Eure wished an adjustment to the sign. The sign identifies Dr. Konikoff as being an occupant of the building. Dr. Konikoff moved out of this building and moved across the street several years ago. Karen Lasley, Zoning Administrator, advised the approval of this encroachment, will allow the names on the sign panel to be changed. Mayor Oberndorf DISCLOSED, one of her dentists resides in this office. The City Attorney advised this would not be a Conflict under the Act. There is no financial interest. Council Members McClanan and Wood will vote NAY ITEM # 52378 M.2. Resolutions referring to the Planning Commission a. Proposed amendments to ~~ 250,251,252 and 253 of the City Zoning Ordinance (CZO) to repeal the Open Space Promotion option. b. Alternate Version: Proposed amendments to {Ij 251,252 and 253 and 506 of the City Zoning Ordinance (CZO) to allow Open Space Promotion option. Deputy City Attorney Macali advised the Alternative Version would probably limit much control of the City. The City staff's recommendation isfor Item M2.a. to REPEAL the Open Space Promotion option. Item M2.a shall be ADOPTED, BY CONSENT. Item M2.b. shall be DENIED, BY CONSENT. March 23, 2004 - 20- AGE N DA REV IE W S E S S ION ITEM # 52379 M2c. Resolution to AMEND and REAFFIRM Interim Guidelines governing applications for land use development in Air Installations Compatible Use Zones (AICUZ). Deputy City Attorney advised this Resolution would be the Alternative Version detailed by Robert Scott, Director of Planning, during the Ci(y Manager's Briefing Session and need not be REFERRED to the Planning Commission. ITEM # 52380 M3. Resolution re Open Air Cafes: c. ESTABLISH a pilot program for open air cafes on Atlantic Avenue between 20" and 23,d Streets The City Attorney distributed an Alternative Version. Deputy City Attorney Macali outlined the amendments. Page 3, Lines 65-67 .....directed by the public safety official, and the failure or refusal of any person to comply with such order shall be punishable as a misdemeanor: " Page 4, Lines 73 - 75. 5. "All tables and chairs shall be removed from the franchised area upon the close of business each day and stored inside the establishment... " Page 5, Lines 109 -121, addition of section 9. !L "That upon revocation or suspension of a franchise bv the City Manaf!er. the owner or operator shall immediately cease operation of the open air cafe and shall remove all tables. chairs and other items located on City property within twenty-four (24) hours of the revocation or suspension. The failure of the owner or operator to comply with the order of the City Manaf!er revokinf! or suspendinf! a franchise shall be punishable as a misdemeanor. In addition thereto. the City Manaf!er shall be authorized to remove or contract for the removal of any tables. chairs. barriers and other items encroachinf! upon City property and charf!e the costs thereof to the owner or overator. which costs may be collected as real estate taxes are collected; March 23, 2004 - 21- AGE N DA REV IE W S E S S ION ITEM # 52381 The City Attorney advised if the City Council wished to change the Open Air Franchise agreement relative rates, the City Manager should have staff review same. Mike Eason, Resort Services Coordinator, Convention and Visitor '.I' Bureau advised several years ago, at the request of City Council, an in-depth study relative the cafe rates was pursued. At the time, the cost was $2.00 per square foot. These rates were increased. The rates this year for the Atlantic Avenue Open Air Cafe's would be $5.00 per squarefoot. The Boardwalk Cafes will be $7.00 per square foot. This item shall be discussed during the Formal Session. ITEM # 52382 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION 1.1. Ordinance to AMEND and REORDAIN:,~ 36-99 of the City Code for Taxi Cabs by revising financial reporting requirements 1.2. Ordinance to DECLARE EXCESS PROPERTY at Nimmo Parkway and George Mason Drive; and AUTHORIZE the City Manager to execute a Land Exchange Agreement and any other related document(s) with Hampton Roads Sanitation District (HRSD). 1.3. Ordinance to AUTHORIZE and APPROVE the Development Authority's use of $4,000,000 of the Economic Development Investment Program ("EDIP'') funding for construction of the Town Center Phase II public infrastructure and the use of EDIP funds to hire the Authority's Construction Manager, conditioned on reimbursement (){ EDIP funds from Phase II Bonds. L. 4. Ordinances to AUTHORIZE the City Manager to execute Leases on certain city-owned property: a. Omnipoint Communications CAP Operations, LLC at North Great Neck and West Plantation Roads for easements to allow vehicular and pedestrian access; installation and maintenance with replacement of necessary utilities; and, to construct and operate an accessory building for wireless telecommunications (See Planning Item 8) March 23, 2004 - 22- AGE N DA REV I E W S E S S ION ITEM # 52382 (Continued) b. Timberlake Community Association, Inc. for storage of major recreational equipment at Foxwood Drive adjacent to South Independence Boulevard L.5. Ordinances to A UTHORIZE temporary encroachments into: a. Grayson Road by VIRGINIA BEACH FREE WILL BAPTIST CHURCH to install a wooden pedestal bridge b. Pleasure House Road, Lake Drive and Machen Avenue by BAY REFLECTIONS BUILDING, LLC to construct and maintain a vinyl fence c. Kempsville and Providence Roads by KEMPSVILLE CORNER ASSOCIATES to maintain an existing business identification sign at 904 Kempsville Road L.6. Ordinance to APPROPRIATE $132,891 ;rom the State Compensation Board and TRANSFER $130,000 from Reserve Contingencies to the Sheriff's Department FY 2003-04 operating budget re employing fifteen additional Deputies. M.l. Resolution to ENDORSE a proposed transportation enhancement project to the Commonwealth Transportation Board for steel-backed timber guardrails (Phase I) and acknowledge the requirement for a local match. M.2. Resolutions referring to the Planning Commission a. Proposed amendments to SS 250, 251, 252 and 253 of the City Zoning Ordinance (CZO) to repeal the Open Space Promotion option. b. Alternate Version: Proposed amendments to /is 251, 252 and 253 and 506 of the City Zoning Ordinance (CZO) to allow Open Space Promotion option. M.2. c. Resolution to AMEND and REAFFIRM Interim Guidelines governing applications Jar land use development in Air lnstallations Compatible Use Zones (AICUZ). March 23, 2004 - 23- AGE N DA REV I E W S E S S ION ITEM # 52382 (Continued) M.3. Ordinances re Open Air Cafes: a. Renew existing franchises (9) b. Grant new franchises (2) M.4. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) to: a. ACCEPT 40.18 lane miles of additional streets b. ACCEPT corrections and deletions to the revised road inventory for urban maintenance Council Lady McClanan shall vote a VERBAL NAY on Item L.1. (Taxi Cabs) Item L.4.b., shall be ADOPTED BY CONSENT, subject to landscape plan development agreed to by the City Arborist Council Members McClanan and Wood shall vote VERBAL NAYS on Item L.5.c. Item M.2a. shall be ADOPTED, BY CONSENT Item M.2b shall be DENIED, BY CONSENT Item M.2.c shall be ADOPTED, AS REVISED, BY CONSENT. March 23, 2004 - 24- AGE N DA REV IE W S E S S ION ITEM # 52383 PLANNING - NO ACTION N.I. Petition of RONALD C. and DONNA G. RIPLEY for a Variance to Ii 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) at 4101 White Acres Road. (DISTRICT 4 - BA YSIDE) Vice Mayor Jones advised due to an advertising error prior to the Planning Commission Public Hearing, this request cannot be considered. This item has been rescheduled for the Planning Commission's AprilI4, 2004 Public Hearing. ITEM # 52384 0.2. Application of OCEAN BAY HOMES, L.L.C.fiJr a nonconforminf! use to replace two (2) existing multifamily structures with two (2) single family residential structures at 305 26'h Street. (Beach - District 6) Council Lady Eure advised this application did not contain a Disclosure Statement. Stephen White, Planning, will provide copies of the Statement prior to the Formal Session. ITEM # 52385 0. 7 Application of JEFFREY K. FRANCIS, INC. for a Conditional Use Permit re an off-site parking lot at 2149 Vista Circle. (Lynnhaven - District 5) This application shall be DEFERRED, BY CONSENT, until the City Council Session of April 27,2004. ITEM # 52386 0.8. Application of OMNIPOINT (T-MOBILE) for a Conditional Use Permit re a communications antenna on top of an existing tower at North Great Neck and Plantation Roads. (Lynnhaven - District 5) Stephen White, Planning, shall confer with the applicant, relative revised Condition 2, as it relates to landscaping. 2. In addition to the landscaping depicted on the plan identified in Condition #1 above, a row of evergreen shrubs, reaching a minimum height of eight (8) to ten (10) feet at maturity, shall be installed parallel to and the entire length of the frontage of North Great Neck Road (other than where access will be provided), avoiding the eight (8) foot wide utility easement identified on the plan. A landscaoinf! olan deoictinl! these olantinf!s shall be submitted to the Director of Planninf! (or his desil!nee! for review and aooroval orior to olantinf!. March 23, 2004 -25 - AGE N DA REV IE W S E S S ION ITEM # 52387 M.I0. Application of KRAMER RED MILL #20 L.L.Cfor a Conditional Use Permit re automobile repair at Nimmo Parkway and Upton Drive. (DISTRICT 7 - PRINCESS ANNE) Councilman Reeve advised the applicant and the neighborhoods have come to an agreement, but wish to speak during the Formal Session. ITEM # 52388 BY CaNSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: 0.2. Application of OCEAN BAY HOMES, L.L.Cfor a nonconforminf! use to replace two (2) existing multifamily structures with two (2) single family residential structures at 305 26'h Street. (Beach - District 6) 0.3. Application of ROBERT W. and MARIA L. KANIA re discontinuance. closure and abandonment of a portion of an AILey adjacent to Lot 15, Block 22, Croatan, at South Atlantic Avenue and Croatan Road to incorporate this area into Lot 15. (Beach - District 6) 0..5. Petition for a Variance to S 4.4(b) of the Subdivision ardinance that requires all newly created lots meet all the requirements of the City Zoning ardinance (CZO) for JOHN L. WILLIAMS and ELLEN LANE WADSWORTH to subdivide an additional lot (Parcel F) at Princess Anne and Pleasant Ridge Roads. (Princess Anne - District 7) 0.6. Application of VIRGINIA BEACH TRAVEL SOCCER, INC., a Virginia Corporation T/A BEACH FC for a Conditional Use Permit re a recreational facility of an outdoor nature (soccer fields) at Shipps Corner and Holland Roads. (DISTRICT 6 - BEACH( a 7 Application of JEFFREY K. FRANCIS, INC. for a Conditional Use Permit re an off-site parking lot at 2149 Vista Circle. (Lynnhaven - District 5) March 23, 2004 - 26- AGE N DA REV I E W S E S S ION ITEM # 52388 (Continued) G.8. Application of OMNIPOINT (T-MOBILE) for a Conditional Use Permit re a communications antenna on top of an existing tower at North Great Neck and Plantation Roads. (Lynnhaven - District 5 Item 0.7. will be DEFERRED, BY CONSENT, until the City Council Session of April 27, 2004. Item 0.8 will be APPROVED, BY CONSENT, with Revised Condition 2. ITEM # 52389 City Council will CANCEL the following regular meetings: April 6, 2004 May 4, 2004 Passover Councilmanic Election Mayor Oberndorfhas called a SPECIAL FORMAL SESSION of the Virginia Beach City Council on April 20, 2004, for the purpose of a Public Hearing re FY 2004-05 Resource Management Plan. As there are Budget Work,'hops during the month of April, the items of April Sixth can be distributed among those meetings. March 23, 2004 -27- CITY COUNCIL COMMENTS 4:15 P.M. ITEM # 52390 Council Lady Eure referenced the enormous amount of land use applications. The Planning staff is overwhelmed. The process has drastically slowed. Temporary staffing might assist. As the FY 2004-2005 Operating Budget is prepared, enhancing the portion related to the Planning Department to provide additional employees might alleviate the situation. The City Manager has commenced compiling data and will advise City Council of possible remedies. There have been a greater number of smaller projects, which take as much time to review as a larger subdivision. The workload is an issue. ITEM # 52391 Mayor OberndOlf announced the corporation which purchased Lillian Vernon, also purchased Time/Life and are creating two hundred (200) new jobs at the Lillian Vernon site. This facility will increase volume from 4,000 pieces of mail and/or packages to over 800,000 a year. Some of the employees are being transferred to Virginia Beach from Indianapolis, Indiana and Richmond, Virginia. March 23, 2004 - 28- ITEM # 52392 Mayor Meyera E. OberndorJ entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code oJ Virginia, as amendedJor thefollowing purpose: PERSONNEL MATTERS: Discussion, consideration or interviews oj prospective candidates Jar employment, assignment, appointment, promotion, perJormance, demotion, salaries, disciplining or resignation oJspecific public officers, appointees or employees pursuantto Section 2.2-3711 (A) (1). Appointments: To Wit: Appointments: Boards and Commissions: Board oj Building Code Appeals - (a) Plumbing/Mechanical (b) Building Maintenance Hampton Roads Economic Development Alliance - HREDA Health Services Advisory Board Minority Business Council Open Space Committee Park, and Recreation Commission Public Library Board Resort Advisory Commission Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration oj the condition, acquisition, or use oj real property Jar public purpose, the disposition oj publicly- held property, plans Jar the Juture oj an institution which could affect the value oj property owned or desirable Jar ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition oj Property - Bayside District Rose Hall District LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision oj legal advice by counsel pursuant to Section 2.2-3711 (A)(7). Contractual Dispute: Municipal Center InfT'astructure Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION (5:05 P.M,), March 23, 2004 -29- ITEM # 52392 (Continued) 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 (Closed Session: 5:12 P.M. - 5:50 P.M.)(Dinner: 5:50 P.M. - 6:10 P.M.) March 23, 2004 - 30- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 23, 2004 6:10 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 23,2004, at 6:iO 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, Rosemary Wilson and James L. Wood Council Members Absent: None iNVOCATiON: Reverend Thomas H. Britton, Retired 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 directly 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 husband 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 .Ii)r 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 andfile 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. March 23, 2004 - 31 - Item V-E.I. CERTIFICATION OF CLOSED SESSION ITEM # 52393 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, 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: 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: Nones March 23, 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 # 52392, page 28, and in accordance with the provisions of The Virginia Freedom ofInformation Act; and, WHEREAS: Section 2.2-3711 (A) ofthe 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 RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. March 23, 2004 - 32- Item V-E 1. MINUTES ITEM # 52394 Upon motion by Council Lady Eure, seconded by Councilman Reeve, City Council APPROVED the Minutes (jf the INFORMAL and FORMAL SESSIONS of March 9, 2004 Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA.Maddox, MayorMeyeraE. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 23,2004 - 33- Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 52395 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 23, 2004 - 34- Item V-H, MAYOR'S PRESENTATION ITEM # 52396 Mayor Oberndorf PRESENTED: PROCLAMATION April 2 - 9, 2004 VIRGINIA ARCHITECTURE WEEK The American Institute of Architects (AlA), Hampton Roads Chapter, has been a sound professional association serving in the Hampton Roads area for almost thirty years. The American Institute of Architects (AlA), Hampton Roads Chapter, provides resources to our local community for professional development and education, and acts as a vital link to the other components of the American Institute of Architects and to other local affiliated professionals and services. The American Institute of Architects has been advancing the value of architects and architecture locally and nationally for more than I 35 years. Shelley Sulik and Jay Aftel, Architects - Members of the American Institute of Architects, ACCEPTED the PROCLAMATION. March 23, 2004 Jlrnrlumulinu 'Wliereas: '11ie .Jlmerican Institute of .Jlrcliitects, Hampton 'RsJaas Cliapter lias 6een a sound; weff-run professiona[ association serving in tlie Hampton 'RsJaas area for a[most tliirty years; and 'Wliereas: '11ie .Jlmerican Institute of .Jlrcliitect~~ Hampton 'RsJatfs Cliapter lias increased tlie quaEity of rife in Hampton 'RsJatfs through tlie promotion of quaEity arcliitecture and the 6uift emJironment in Hampton 'RsJatfs; ana 'Whereas: '11ie .Jlmerican Institute of .Jlrchitects, Hampton 'RsJaas Chapter provides resources to our wca[ communityforprofessiona[ devewpment anaeducation, and acts as a vitae Ein/(to the other components of the .Jlmerican Institute of .Jlrchitects and to otlier Wca[ ajJUUlted professionaCs and seroices; and 'Wliereas: Tlie .Jlmerican Institute of .Jlrchitects has 6een advancing the va[ue of architects and architecture wcaffy ana nationaffy for more than 135 years: :;Vow, '11ierefore, 1, :Meyera 'E. 06erruIorf, :Mayor of the City oj Virginia CJ3each, Virginia, do liere6y Procf'aim: .Jlprif 2 - 9, 2004 Virginia .Jlrchitecture Wee~ In Virginia CJ3each, ana I encourage af{ citizens to recognize the contri6utions that arcliitects ma~ every day to our lieaCtIi, sofety, comfort ana quaEity of life. In 'U4tness 'WFierecif, I ha:fJe liereunto set my hana and caused tlie OfficiafSea[ oj the City oj'f/irginia CJ3each, Virginia, to 6e oJJVr!d this Twenty-third day of:Marcli, Two'11iousand 'Four. ~t, :Meyer a 'E, 06erruIoif :Mayor T - 35- Item V-LI. PUBLIC COMMENT ITEM # 52397 Mayor Oberndorf DECLARED A PUBLIC COMMENT SESSION: ATLANTIC A VENUE CAFE PILOT PROGRAM Thefollowing registered in SUPPORT: Mike La Giglia, Past President Retail Association, 308-22'd Street 23451, Phone: 422-2573 Matt Falvey, President - Virginia Beach Restaurant Association 2216 Sun vista Drive 23455, Phone:363-0056 Brandon Ramsey, Vice President - Resort Retailers Association, 2504 Hunting Horn Way 23456, Phone:427-2826 Louie Ochave, owner of 4 businesses in the resort area/Board of Virginia Beach Restaurant Association and Resort Retailers Association, 800 Seahawk Circle, Suite 11023452, Phone: 368-5400 Virginia Slusher, Owner - Beach Bodies (since 1986), Past President Retailers Association, Post Office Box 62 23458, Phone:422-3355 Preston Midgett, Member - Resort Advisory Commission SubCommittee to monitor improvements on Atlantic Avenue, 1804 Seddon Circle 23454, Phone:412-2826 Keith Berger, Owner of proposed cafe' pilot program, 2218 Atlantic Avenue 23451, Phone: 422-2640 John Perras, Owner - Giovanni's for 38 years, applicant for proposed Cafe' pilot program, 2006 Atlantic Avenue 23451, Phone: 425-1575 Ronnie Sibony, Owner - Sunsation/Haggen-Das/Coastal Edge, 1916 Atlantic Avenue 23451, Phone: 422-5739 Andy Edwards, 800 Seahawk Circle, Suite 110 23452, partner with Louie Ochave in the operation of 4 businesses, Phone: 268-5400 Kal Kassir, 2009 Alphine Road, Restauranteur for many years and now consultant in this field, Phone: 481-0398 Bill Dillon, Virginia Beach Restaurant Association, 208 22,d Street, Phone: 425-6330 Flo McDaniel, ('peaking for Bob Miller) Shore Drive Thefollowing speakers registered in OPPOSITION: Ted Logue, President of Retail Association, 2708 Pacific Avenue, 23451, Phone: 422-4072 Ken Taylor, President - Virginia Beach Hotel/Motel Association, 501 Atlantic Avenue 23451, Phone: 437-7872 Jimmy Capps, Past President - Virginia Beach Hotel/Motel Association, 1503 Atlantic Avenue 23451, Phone:428-1821 Henry Richardson, Past President - Virginia Beach Hotel/Motel Association/owner of 3 resort hotels, 2707 Atlantic Avenue 23451, Phone: 428-3970 Linwood 0. Branch, Vice President - Virginia Beach Hotel/Motel Association, 1000 Atlantic Avenue 23451, Phone: 428-6141 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT. March 23, 2004 - 36- Item V-J.l. PUBLIC HEARING ITEM # 52398 Mayor Oberndorf DECLARED A PUBLIC HEARING: TRANSPORTATION ENHANCEMENTS Elbow Road Extended and Dozier's Bridge There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. March 23, 2004 - 37- Item V-J.2.a/blc PUBLIC HEARING ITEM # 52399 Mayor Oberndorf DECLARED A PUBLIC HEARING: LEASES OF CITY-OWNED PROPERTY Caft! Franchise Agreements Timberlake Community Association, Inc. Foxwood Drive adjacent to South Independence Boulevard Omnipoint Communications CAP Operations, LLC North Great Neck and West Plantation Roads There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING. March 23, 2004 - 38- Item V-J.3. PUBLIC HEARING ITEM # 52400 Mayor OberndOlf DECLARED A PUBLIC HEARING: EXCESS CITY-OWNED PROPERTY Nimmo Parkway and George Mason Drive There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 23, 2004 - 39- Item V-L./M. ORDINANCES/RESOLUTIONS ITEM # 52401 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Ordinances 1, 2, 3, 4a, 4b.(As Revised), 5a/b., and 6 and Resolutions 1, 2a, 2b. (DENIED), 3a., 3b., and 4a/b. of the CONSENT AGENDA. Item L.4.b. (Timberlake Community Association, Inc. Lease) was APPROVED, BY CONSENT, AS REVISED. Item M2.b (Alternate Version: Proposed amendments re allowing Open Space Promotion option) was DENIED, BY CONSENT. 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 Council Lady McClanan voted a VERBAL NAY on Item L.I (taxi cabs) Council Lady McClanan and Councilman Wood voted a VERBAL NA Y on Item L.5.c (Kempsville Corner Associates) March 23, 2004 ---r- - 40- Item V-M.I. ORDINANCES/RESOLUTIONS ITEM # 52402 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AMEND and REORDAIN S 36- 99 of the City Code for Taxi Cabs by revising financial reporting requirements Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, 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: Reba S. McClanan Council Members Absent: None March 23, 2004 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE VIRGINIA BEACH CITY CODE 3 PERTAINING TO TAXI CABS BY REVISING 4 FINANCIAL REPORTING REQUIREMENTS 5 6 SECTION AMENDED: 9 36-99 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 That Section 36-99 of the City Code is hereby amended and 11 reordained to read as follows: 12 Sec. 36-99. Financial information to be submitted by applieaB~ 13 for rate increases. 14 15 (a) E7ery peroon .:lpp1ying for a certific:lto oh:l11 Gubmit, 16 ~:ith hie er her :lpp1ication, a Gtatement of .:loocto :lnd 1iabilitioG 17 .:lnd.:l ot:ltomont of income and oHponooo. Suoh otatementG Gha11 18 prcl7ido dotai1od information of opor:lting ro',onuoo, :lnd ohall 19 opocifically include groGe f.:lro ro',onuo and Qlrpendituroo :lnd a 20 otatemont of oh:lngoo in financial pooition. .^.ny income or eHpenGeG 21 \:hich ha70 boon allocated from :l related, controlled or .:lffi1i:ltod 22 ontity mUGt alGo be diocloood. In the e7ent :In :lpplic:lnt, .:It the 23 time of applio:ltion, hao not been in opor.:ltion for a full fioc:ll 24 YO.:lr, tho applicant muot oubmit a et:ltO!Ront of aGoete and 25 liabilitioo, a Gtate!Ront of income :lnd ol~onooo, :lnd a Gtatomont of 26 ch:lngoo in finanei:ll pooition, prer.:ltod for th:lt portion of tho 27 fiGcal YO:lr tho applioant h:lo boon in operation. In tho e7ent an 28 applic:lnt, at the timo of :lpplication, haG not pro7iouoly boen in 29 oporation, the .:lpplicant !RUGt oubmit a beginning otatement of 30 :lGGeto :lnd liabilitioo. 31 For use in considering requested increases in taxi rates or 32 charqes, the City Manager or his designee may require any owner or 33 operator to submit such supporting financial data as may be 34 necessary, includinq federal or state income tax returns for the 35 two years precedinq; provided, however, that income tax returns 36 submitted shall be used only for consideration of such rates or 37 charges and shall be kept confidential. 38 (b) ~ll finanoial otatomonto required by thio ooction ohall 39 be Gubmi ttcd OR formo prcp:lred by the director of fin:::mcc and 40 appro~ed by thc city manager. 41 42 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 23rd day of March, 2004. 45 46 47 - 41- Item V-M.2. ORDINANCES/RESOLUTIONS ITEM # 52403 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to DECLARE EXCESS PROPERTY at Nimmo Parkway and George Mason Drive; and A UTHORIZE the City Manager to execute a Land Exchange Agreement and any other related document(s) with Hampton Roads Sanitation District (HRSD). 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 March 23, 2004 ORDINANCE NO. AN ORDINANCE TO DECLARE CERTAIN CITY PROPERTY EXCESS, AUTHORIZE THE CITY MANAGER TO EXECUTE A LAND EXCHANGE AGREEMENT WITH THE HAMPTON ROADS SANITATION DISTRICT 1 WHEREAS, in 1975, the Hampton Roads Sanitation District ("HRSD") purchased 2 a parcel of real property consisting of 0.227 acres on the north side of Princess Anne 3 Road adjacent to Kellam High School in the City of Virginia Beach ( the "HRSD 4 Property") for purposes of constructing a Pressure Reducing Station ("pump station") for 5 its Lake Ridge Interceptor Force Main; 6 WHEREAS, HRSD has determined that the HRSD Property is now too small for 7 the pump station and there are a number of conflicts that make construction infeasible; 8 WHEREAS, HRSD has determined that a better site for the pump station is 9 located on City property consisting of 0.97459 acres at the Nimmo Parkway and George 10 Mason Drive intersection (the "City Property"), and desires to exchange the HRSD 11 Property for the City Property to construct the pump station; 12 WHEREAS, HRSD requires a pump station near the Municipal Center in order to 13 accommodate a sufficient capacity in its system for anticipated flows resulting from 14 development in the area; 15 WHEREAS, in addition to acquiring the HRSD Property, the City will receive an 16 equalization payment from HRSD in the amount of $6,400 as compensation for the 17 difference in the appraised value of the City Property and the HRSD Property; and 18 WHEREAS, the City Council is of the opinion that a public necessity exists for the 19 construction of the pump station, that the improvements will provide adequate capacity 20 in the sanitary sewer system for future development citywide for the preservation of the . T 21 safety, health, peace, good order, comfort and convenience, and for the welfare of the 22 people of the City of Virginia Beach and to that end, the City Property is in excess of the 23 needs of the City of Virginia Beach and should be exchanged with the HRSD Property. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 1. That the City Property described as "Parcel D (Pump Station) GPIN:1494-62- 27 0718 Area= 42,453 SQ. FT.; 0.97459 Acres", as shown on the survey attached hereto 28 as Exhibit A, is hereby declared to be in excess of the needs of the City, and that the 29 City Manager is hereby authorized to utilize said City Property for a land exchange with 30 the Hampton Roads Sanitation District for the acquisition of the HRSD Property shown 31 on the plat attached hereto as Exhibit B. 32 33 2. That the City Manager or his designee is authorized to execute a Land Exchange 34 Agreement with the Hampton Roads Sanitation District in accordance with the attached 35 Summary of Terms. 36 3. That the City Manager or his designee is further authorized to execute all 37 documents that may be necessary or appropriate in connection with the land exchange, 38 so long as such documents are acceptable to the City Manager and the City Attorney. 39 This ordinance shall be effective from the date of its adoption. 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the 21rn day of 41 March ,2004. 42 CA-9118 PREPARED: 02/26/04 Approved as to Content Approved as to Content Approved as to Content c. "" partment of Public Worksl Real Estate -:--.- ~~ City Attorney ubnc Utilities -"~-~--'-,..-..... SUMMARY OF TERMS AGREEMENT FOR THE EXCHANGE OF EXCESS CITY PROPERTY WITH HAMPTON ROADS SANITATION DISTRICT PARCEL CITY PARCEL: GPIN 1494-62-0718; Parcel D; 42,453 Sq. Ft.;0.97459 Acres HRSD PARCEL: 0.227 Acre as shown on the Physical survey of Pump Station Site for Hampton Roads Sanitation District SALE PRICE: This is a land exchange. CLOSING DATE: Ninety (90) days after the Exchange Agreement is fully executed. SPECIAL TERMS AND CONDITIONS: . HRSD shall pay to the City of Virginia Beach the sum of $6,400 as compensation for the difference between the appraised value of the City parcel and the HRSD parcel · HRSD shall submit for approval by the City's Historical Review Board all architectural renderings and plans for any proposed structures and other improvements. Approval of said renderings shall be in addition to the customary approval process for the issuance of building permits. · HRSD's proposed landscaping for any improvements on the City parcel shall comply with the City's landscaping ordinances and regulations. · HRSD shall develop the City parcel in compliance with all applicable City ordinances, regulations and requirements. C;\Docurnents and Settings\clarue\Local Scttings\Ternp\HRSD.sum.wpd I I G .' ~ , l' " k, t. t't' I i c ! ',t ':7 ~ It 11, I ."....,,, ; ~:1 "j~'~{'-~'i,i~~\ ~'ft, t.' ~ j ') '~ ~ ~<(\- .:J . ~.>, .,', \j '~-.i'ii~1 f/ f;~H1i '~~~:':.:,~/ ; ) ~~: k ;t- .,.f ,i ,~. ". ::~ :\1 ,.,1', ~ ~ .'.- , S ",i t'>, tel' ,>' ~":$~ ''''.~~::::!:-: :-"- " ~ ., t./'f. a":" <<~> ~,i. " '1~'{ "'_. ~- .,~- ",,-- Q, L;j co ~ Q. L.. ;<', ,~[: --.J'::,'-.C ~~;.' <-.'5.: ~ t; G;: -.:r;. ul'<")O' {~;> ;j l~J, <-.)"<;f-" 0: ~' "",>,' 0, - '" C ,3. '" '" :Jj "Co"! %:~: . ~2j :::0.;:. t;:::, -- .;'. :.,.--------- ~,~- -~ "''0.: 1,,,;,- >--. ~,;, -j; t u , , \ , " I:.'! <, {+J 0'1 ' ~::, r ':Ji I , E ~'\40:S ~~ A 1: eOOll15UJ rl.Gi319 , . .' ThI, i, to""if, 'hall,m Dfc,m/Jer 9,1974,'u"ryu"" 1',"",,'1 .hDW. on /hi, plat and IhD' ,Ie li/loU"., and,"" wan. D"" bulldl"'l are a, ,h_ '" fill. ,~1. The buildings stond strid1~ within ",. t#I. IIn.. rmd ,,.,. err. no ,.e"",ehm..', Df 0_ bulldl"'lf "" "" """"'1 UUpI,!!1- .""",.; / ' ., :; __ J ~: ~C"""",., / '_ ~! ': . ,.' _.01' j:.' ~....-, ..... ...... r ~'l''''-J....-,..''''-, ,. . ~l,n_. War." G,IoIa"h, VO,Ho,104' if: ?; " ~ .~ " . ;) ~ . ~ ,~ " ,. PROPoseD INDIAN RIVER- COURTHOUSe ROAD/I/O) (M.S. II, P. 5./ (I/NI"'''''''YtDJ i , :f. , "' "'. :< !" ;'lJ !' ? '" .... ~ ..- IS. .il !:O. ",'" .~t ~:r ! ~ 'i " -1- ~ , ~ f , F ...., ,\. ~ l' ~: i ~ ~ . . ~ ~ , F, , " -1 . f: '" .. N 5(]lI.25'_tl"~ , 0.00 ---__1- 10' I)RAIN/iGE E..,CAAOIT'" UUl. 5'. 1'.17) I '^ .,-...~-- . , . :..{.. ':80. ..r , "I w-> .. . '" ... I"'OtIIl'L8Wl"I". ,. '" \':- " &-- ~' .& " . '0,227 ACRC ' ... 100.00. $ ~ . 25 _ ~, . ,.. I I I I I I , I I p",f'IrlT ,/ftllO SCHOOl.. BOARD OF THE ,C/T'r OF VIRGINIA BEAJ:H, VIRGINIA rD.8.1S",P,U. M.,.", P:./7) ------- - ~-- .,...,,:-:~f~,""~"";' . '," '.~... to.- . ...,.. '",-7.. "-''t. '":'1 '. ... ~.. _. ...,:. III ,-, . " ',.~ ....... . . ....,~;,..,_-.. ~ \ PHYSICAL SURVEY OF PUMPING STATION SITE FOR ROADS SANITATION DISTRICT I HAMPTON " PRINCess ANNE BOROUGH -, VIRGINIA BEACH, VIRGINIA Seo": I". 40 I . DM>>mNr 9, 1974 MARSH and BASGIER IHe. P.c. ENGfNEERS. SU1fVEYORS - 1'lAHNPfS 101 NORTH PLAZA TRAIL VIRGmlA BEACH, VIRGIN'" D ID -.0 ., lto * Rtr " ' ,ltAI>HIC 'I:U~ ~ ~. ~ -:0; " . . ' ,J., . ;t' ~. . ( ("~:;:' \,' : 'P "'it!: ~ ,~~ . ~~: ~. ',.. _ ,..- ~ ~ ~ .i.....'., E1-r\~(3J:\' e, (g / ..; , ~/,,/ ~ ' '~ / .J' / ~ :,: '" .. " '........... - - - / / / / ( LOCATION MAP PROPOSED EXCHANGE OF PROPERTY BElWEEN THE CITY OF VIRGINIA BEACH AND HAMPTON ROADS SANITATION DISTRICT SCALE: 1" = 400' o ) o o '~o OC~ '11A~ '~g <0 ""iJ.t1 ~ . (j ">f) It? ~ IP>,--. ~ HRSD.DCN M.j.S. PREPARED BY PM' ENG. CADD DEPT. APRIL 26,2003 - 42- Item V-K.3. ORDINANCES/RESOLUTIONS ITEM # 52404 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE and APPROVE the Development Authority's use of $4,000,000 of the Economic Development Investment Program ("EDIP") funding for construction of the Town Center Phase II public infrastructure and the use ofEDIP funds to hire the Authority's Construction Manager, conditioned on reimbursement of EDIP funds from Phase II Bonds. 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 March 23, 2004 1 AN ORDINANCE APPROVING THE CITY OF 2 VIRGINIA BEACH DEVELOPMENT 3 AUTHORITY'S USE OF ECONOMIC 4 DEVELOPMENT INVESTMENT PROGRAM 5 FUNDS FOR INFRASTRUCTURE COSTS AND 6 HIRING OF A CONSTRUCTION MANAGER 7 8 WHEREAS, upon the recommendation and approval of City Council, the City of 9 Virginia Beach Development Authority ("Authority") and Town Center Associates, L. L. C. are 10 parties to the Phase II Development Agreemcnt for the Town Center of Virginia Beach ("Phase 11 II Development Agreement"), for development of Phase II of the Town Center, a mixed-use, 12 pedestrian-oriented, activity center with mid to high-rise structures containing numerous types of 13 uses (the "Project"); 14 WHEREAS, the Development Agreement contemplates the design and construction of 15 the public infrastructure for Phase II of the Project including, but not limited to, the public plaza, 16 public streets, streetscapes and landscaping (the "Phase II Public Infrastructure") for an amount 17 not to exceed $7,600,000, and the hiring by the Authority of a construction manager (the 18 "Authority's Construction Manager"); 19 WHEREAS, $4,000,000 of the $7,600,000 is contemplated to be funded by the Authority 20 through the Economic Development Investment Program ("EDlP") and the remaining 21 $3,600,000 is contemplated to be funded from Capital Project #9-016, Town Center 22 Infrastructure; 23 WHEREAS, the cost ofthe Authority's Construction Manager 25 months is not expected 24 to exceed $3 I 0,830; 25 WHEREAS, there are available funds in the EDIP for the purpose of hiring a 26 construction manager, subject to approval of the City Council, which would be reimbursed from 27 the proceeds ofthe debt instruments used to finance Phase II of the Project (the "Phase II 28 Bonds"); and 29 WHEREAS, by Resolution adopted August 19,2003, the Authority approved the use of 30 EDlP funds as an advance for the hiring of the Authority's Construction Manager, subject to the 31 approval of the City Council and conditioned on the reimbursement of the actual amount of 32 EDIP funds used for such purposes from the proceeds of the Phase II Bonds. 33 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 1. That City Council hereby approves and authorizes the City of Virginia Beach 36 Development Authority's ("Authority's") use of$4,000,000 of Economic Development 37 Investment Program ("EDIP") funding for the construction of the public infrastructure for Phase 38 II of the Project as outlined in the Phase II Development Agreement. 39 2. That City Council hereby approves and authorizes the use ofEDIP funds for the 40 hiring by the Authority of a construction manager, conditioned on the reimbursement of the 41 actual amount of EDlP funds used for such purposes from the proceeds of the Phase II Bonds. 42 Adopted by the Council of the City of Virginia Beach, Virginia on the 23x.d- day of 43 March, 2004. 44 45 APPROVED AS TO LEGAL SUFFICIENCY: ~~ 46 47 48 49 Economic Development City Attorney F:\Data\A TY\Forms\Commcrcial Projects\Town Center\EDIP Ordinance for Phase Il.doc - 43- Item V-K.4.a. ORDINANCES/RESOLUTIONS ITEM # 52405 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute Leases on certain city-owned property: Omnipoint Communications CAP Operations, LLC at North Great Neck and West Plantation Roads for easements to allow vehicular and pedestrian access; installation and maintenance with replacement of necessary utilities; and, to construct and operate an accessory building for wireless telecommunications (See Planning Item 8). Voting: I1-0 (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 March 23, 2004 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC AND THE CITY FOR APPROXIMATELY 625 SQ. FT. OF CITY PROPERTY ADJACENT TO NORTH GREAT NECK ROAD NORTH OF WEST PLANTATION ROAD WHEREAS, the City of Virginia Beach (the "City") is the 12 owner of certain property located on the east side of North Great 13 Neck Road, approximately 240 feet north of West Plantation Road, 14 consisting of approximately 625 square feet (the "Property"; and 15 WHEREAS, Omnipoint Communications Cap Operations, LLC 16 ("Omnipoint"), desires to lease the aforesaid property, together 17 with easements for vehicular and pedestrian access and the 18 installation, maintenance and replacement of necessary utilities, 19 wiring, cables and other conduits, for purposes of constructing, 20 maintaining and operating an accessory building housing equipment 21 to be used in conjunction with certain personal wireless 22 telecommunications facilities; and 23 WHEREAS, City staff has determined that the Property is 24 suitable for such purposes; and 25 WHEREAS, subject to the approval of the City Council, 26 Omnipoint and City staff have agreed upon the terms of a proposed 27 lease setting forth the responsibilities and obligations of the 28 parties; 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA: , r..-- 31 That the City Manager is hereby authorized and directed 32 to execute, on behalf of the City, the lease entitled GROUND LEASE 33 AGREEMENT (GREAT NECK DOMINION TOWER), CITY OF VIRGINIA BEACH, 34 LESSOR AND OMNIPOINT COMMUNICATIONS CAP OPERATIONS, LLC, LESSEE, 35 23rd Day of March, 2004," a summary of the material terms of which 36 is hereto attached and a copy of which is on file in the Office of 37 the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia, on the 23rd day of March , 2004. 41 42 43 44 45 46 47 48 49 50 51 52 53 54 CA-9192 OID\Land Use\omnipointordin.doc R-1 March 12, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0'1Jmfh e (19tW{ f'A {'m It /, / ~ If! / ~ U'~'rCmen' ~r Public Wock" c,,'Y f$t,~e:'" otfice . 2 OMNIPOINT LEASE AGREEMENT Summary of Material Terms Location: East side of Great Neck Road, approx. 240 feet north of West Plantation Road Lessee: Omnipoint Communications CAP Operations, LLC Leased Area: 25' x 25' site, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment Term: Five years with no right of renewal Rent: $12,000 per year (frrst year) Escalator: Yearly increase equal to rise in Consumer Price Index, with maximum of 7% Other: Lessee's operation not to interfere with City functions; Lessee must correct within reasonable time or cease use to extent necessary to remedy interference Lessee required to comply with all terms of conditional use permit Lessee required to carry $1 ,000,000 comprehensive insurance, plus other insurances Lessee required to indemnify City for injuries, etc., caused.by Lessee's negligence, etc, Lessee must remove antennas and building and restore premises to original condition within 90 days of expiration or termination of lease y-.-.-.- L PANEL ANTENNA MOUNT!NC (2 ANTENK.tS PER SlCTOR) ..a.zl~UTH r:r. 77' RAO CENTER AZII.fUTH 120" . n' RAD CENTER AZIIo4UTH 240' . 77' RAt) CENTER (Nl I.MU ANTal"" <N> COAX CA8LES~ INSTAU.!D IN (N) CONDUIT ON EXTERIOR OF' POLE i ~ ~ S '" 0 is ~ '" "'- ~ a 0 ~ or ~ I!' ~ ~ 0 u [ 0- g ~ " ~ ~ (N) CABLE BRIDGE, 6' TO e' HIGH (N) QIolNIPQINT l 8T5 EOU1Pl.lENT (N) GPS ANtENNA ANALYSIS AND DESIGN Of' TOWER AND F'OUNOATION BY OTHERS. REFER TO APPROPRIATt: SHEETS F'OR UORE INf'ORWATION. NO ERECTION OR WODIF1CATION OF' TOWER AND FOUNDATION SHALL BE WADE WITHOUT APPROVAL. OF STRUCTURAL. ENCINEER PROPOSED 15 0lo4N1POlNT ANTENNAS. 77"-(f 2 c-, Exhibit C Proposed Tower Elevation r-.......~----.- (N) OMN1PQINT MOUNT DESIGNED BY OTH(RS (N) COAX CABLES TO RUN INSIDE OF (N) CONDUIT nE (N) CONDUIT TO (E) POL[ USlNC MICRQFLfCT UN( STRAP-ON BRACKET B 1844 AND B 1 769 BANDING OR EQUAL, !'-O" APART Ci::J ~ (E) 70'-rt' TRANSIo41SSl0N POLE '~~. ~~....._.- 'JF;;;-' " ~ 1>C'~ J:~ ~~ "0 ~.. tu HAKFONO MA ...: :. No. 031645 ! ..... . .? I/f~ (N) 6' GREEN VlNVL ClJ'O CHAJN LINK FENCE OMNIPOINT (T-MOBILE) Agenda Item # 18 Page 11 - 44- Item V-K.4.b. ORDINANCES/RESOLUTIONS ITEM # 52406 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute Leases on certain city-owned property: Timberlake Community Association, Inc. for storage of major recreational equipment at Foxwood Drive adjacent to South Independence Boulevard The following condition shall be required: 1. Landscape plan development agreed to by City Arhorist 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 March 23, 2004 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE BETWEEN 3 TIMBERLAKE COMMUNITY ASSOCIATION, 4 INe. AND THE CITY FOR 24,858.83 SQ. FT. OF 5 CITY PROPERTY ADJACENT TO SOUTH 6 INDEPENDENCE BOULEVARD AT FOXWOOD 7 DRNE 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain parcel 9 of land located at Foxwood Drive adjacent to South Independence Boulevard in Virginia Beach, 10 Virginia and consisting of approximately 24,858.83 square feet (the "Property")as shown on Exhibit 11 "A" attached hereto; 12 WHEREAS, under a prior arrangement with Dominion Virginia Power, Timberlake 13 Community Association, Inc. ("Timberlake")has been using the Property for the storage of major 14 recreational equipment for its association members, and desires to lease the Propelty from the City 15 for the same purposes; 16 WHEREAS. City staff has determined that the Property is suitable for use as a storage 17 lot for major recreational equipment; and 18 WHEREAS, Timberlake and City staff worked with the City Attorney to draft a lease 19 which sets forth the responsibilities and obligations of the parties upon terms and conditions 20 mutually agreeable to all parties. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That the City Manager is hereby authorized to execute a lease between Timberlake 24 Community Association, Inc. and the City for the Property in accordance with the Summary of 25 Terms attached hereto. 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the nz:d day of 27 March ,2004. CA-9115 F:\U sers\ V Valldej\ WP\BZA \Timberlakelse.ord. wpd R-l 02/22/04 APPROVED AS TO CONTENT: 2 SUMMARY OF TERMS LEASE FOR THE USE OF CITY PROPERTY LESSOR: City of Virginia Beach. LESSEE: Timberlake Community Association, Inc. (Phil Massa, Manager) PREMISES: Approximately 24,858.83 square feet of City property located at Foxwood Drive adjacent to South Independence Boulevard. TERM: April I, 2004 - March 31, 2009. RENT: Six Hundred Twenty Dollars ($620.00) annually for the first two years. For the third and each remaining year, rent will be adjusted using the Consumer Price Index, but in no event shall the rent be adjusted to an amount below 2% nor more than 5% ofthe current rent. RIGHTS AND RESPONSIBILITIES OF TIMBERLAKE: . Will use the Premises for storage of major recreational equipment for Timberlake's residents who are members of the association and for no other purpose. . Will maintain and perform any and all necessary repairs and replacements to the Premises including, but not limited to, (i) performing routine maintenance, and (ii) maintaining the fencing, landscaping and the grounds of the premises in a clean and orderly condition, and shall not permit undue accumulation of garbage, trash, rubbish and other refuse. . Will maintain commercial general liability insurance with limits of not less than $1,000,000.00 CSL naming the City as an additional insured, and will indemnify the City for any and all claims arising from Lessee's use and occupation of the Premises, including any and all adverse environmental conditions caused by Lessee. RIGHTS AND RESPONSIBILITIES OF CITY: . Will inspect the Premises for compliance with the terms of the Lease and all state, local and federal laws, statutes, ordinances and regulations. TERMINATION: The City may terminate if Lessee fails to cure a default within 30days after receipt of written notice of default. F:\Users\ VValldej\WP\BZA\Timberlakelse.sum. wpd -~ , //-~. t-___ / // / .' I D[] ( I OVERFLOW PARKING 204 GRAYSON RD. (STROUD & PENCE ASSOC. fFiDo )U 0 0 00 0 YN"t::) D"tj 6 . ~~o 0: LOCATION MAP ^ :0 UJ f\ SHOWING 'JJ (\ =D 0 PROPOSED WOODEN PEDESTRIAN BRIDGE o n \U [ ENCROACHMENT INTO ,b\\' 1) " rt-b:l GRAYSON ROAD W\ ~ fi} FOR VIRGINIA BEACH FREE WILL BAPTIST 'U u CHURCH'u -U:J \ o o ITI II II II o 00 SCALE: 1" = 200' PREPARED BY P;W ENG. CADD DEPT. FEB.2004 o FREEWILL,DGN M.J.5. - ----------,.- - 45- Item V-K.5.a. ORDINANCESIRESOLUTIONS ITEM # 52407 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE temporary encroachment: Grayson Road by VIRGINIA BEACH FREE WILL BAPTIST CHURCH to install a wooden pedestal bridge Thefollowing conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days ajler such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'sfees in case it shall be necessary tofile or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days 'written notice to the City prior to the cancellation or termination of or material change to, any (jf the insurance policies. The applicant assumes all responsibilities and liabilities, vested orcontingent, with relation to the temporary encroachment. March 23, 2004 - 46- Item V-L.5.a. ORDINANCES/RESOLUTIONS ITEM # 52407 (Continued) 7. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 8. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of- way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 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 March 23, 2004 . 1 Requested by Department of Public Works 2 AN ORDINANCE TO AUTHORIZE 3 TEMPORARY ENCROACHMENTS 4 INTO A POR nON OF THE 5 RIGHT-OF-WAY OF GRAYSON ROAD 6 BY JAMES E. JONES, DAVID BUNDY 7 AND RICHARD ALLEN SHANDY, 8 TRUSTEES OF VIRGINIA BEACH 9 FREE WILL BAPTIST CHURCH, ITS 10 HEIRS, ASSIGNS AND SUCCESSORS 11 IN TITLE 12 WHEREAS, JAMES E. JONES, DAVID BUNDY AND RICHARD ALLEN 13 SHANDY, TRUSTEES OF VIRGINIA BEACH FREE WILL BAPTIST CHURCH, desire 14 to construct and maintain a wooden pedestrian bridge into the City's right-of-way known as 15 Grayson Road. 16 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the 18 City's right-of-way subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended JAMES E. JONES, DAVID 23 BUNDY AND RICHARD ALLEN SHANDY, TRUSTEES OF VIRGINIA BEACH FREE . 24 WILL BAPTIST CHURCH, its heirs, assigns and successors in title are authorized to 25 construct and maintain a temporary encroachment for a wooden pedestrian bridge in the 26 City's right-of-way as shown on the map entitled: "EXHIBIT A" a copy of which is on file 27 in the Department of Public Works and to which reference is made for a more particular 2 8 description; and 29 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly 30 subject to those terms, conditions and criteria contained in the Agreement between the City 31 of Virginia Beach and JAMES E. JONES, DAVID BUNDY AND RICHARD ALLEN 32 SHANDY, TRUSTEES OF VIRGINIA BEACH FREE WILL BAPTIST CHURCH, (the 33 "Agreement") which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED that the City Manager or his authorized 35 designee is hereby authorized to execute the Agreement. 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 37 such time as JAMES E. JONES, DAVID BUNDY AND RICHARD ALLEN SHANDY, 38 TRUSTEES OF VIRGINIA BEACH FREE WILL BAPTIST CHURCH and the City 39 Manager or his authorized designee execute the Agreement. 40 Adopted by the Council of the City of Virginia Beach, Virginia, on the23rd 41 day of March ,2004. 42 CA- q I .Ill 43 PREPARED: 02/25/04 2 '. APPROVED AS TO CONTENTS ~ur C~~ , SIGNATURE PIV &cJ tMail DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND ~ CMcl2t,. - ~ CITY ATTORNEY ~ 3 il II I PREPARED BY VIRGINIA BEACH , CITY ATroRNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 ] (a)(3) AND 58.1-81 I (c)(4) REIMBURSEMENT AUTIlORlZED UNDER SECTION 25-249 THIS AGREEMENT, made this 15th day of September, 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and, JAMES E. JONES, DAVID BUNDY AND RICHARD ALLEN SHANDY, TRUSTEES OF VIRGINIA BEACH FREE WILL BAPTIST CHURCH, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "Parcel A-I" and being further designated and described as 210 S. Witchduck Road, Virginia Beach, Virginia 23462. GPIN 1467-72-9262; WHEREAS, it is proposed by the Grantee to construct and maintain a wooden pedestrian bridge, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Grayson Road, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 1467-72-9262 , \ NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing orto accrue to the Grantee and for the further consideration of One Dollar ($1. 00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee i; permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "EXlllBIT A," a copy of which is attached hereto to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out ofthe location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any 2 encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an I amount not less than $500,000.00, combined single limits of such insurance policy or policies. The I I Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior I to the cancellation or termination of, or material change to, any of the insurance policies. The ! I Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the I I I Temporary Encroachment. I I It is further expressly understood and agreed that the Grantee must submit for review ! i and approval, a survey of The Encroachment Area, certified by a registered professional engineer i I or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a I registered professional engineer, if required by either the City Engineer's Office or the Engineering I I Division ofthe Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection oflocal or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such 3 j ~ " i removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of i what would be the real property tax upon the land so occupied ifit were owned by the Grantee; and , I if such removal shall not be made within the time ordered hereinabove by this Agreement, the City i i may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day , ! I that the Temporary Encroachment is allowed to continue thereafter, and may collect such I compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, JAMES E. JONES, DAVID BUNDY AND RICHARD ALLEN SHANDY, TRUSTEES OF VIRGINIA BEACH FREE WILL BAPTIST CHURCH, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. I Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH Ii By City Manager/Authorized Designee ofthe City Manager (SEAL) I ATTEST: II I, !i Ii :! ii City Clerk II " I' i! 4 i: 1i VIRGINIA BEACH FREE WILL BAPTIST CHURCH i; II :\ ;! II II II :i 'I I, I' II I' II ii 'I II I, Ii II II I' II STATE OF VIRGINIA I CITY OF VIRGINIA BEACH, to-wit: I I ~1J1117.AJ Et'~O..a.... (SEAL) (J S E. JONES, stee Qv\n~~ i),r j (~ j J}/j c: Ii!,? 1/~.r1ltf~.<~., N ) RICHARD ALLEN SHANDY, Trust e (SEAL) , The foregoing instrument was acknowledged before me this ~ day of 2003, by , City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, Virginia, on its behalf He/She is either personally known to me or has produced a as identification, I I I ! I I My commission expires; i ' i . I i Notary Public 5 I ! STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _ day of ,. ji j i 2003, by Ruth Hodges Smith, MMC, City Clerk of the City of Virginia Beach, Virginia, on its " I: ! i behalf. She is either personally known to me or has produced a .. I i identification. II ,I Ii " Ii i1 II i, Ii My commission expires: I! II II I. II II 1'1 STATE OF VIRGINIA I CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this i5d. day of ~'<-. as Notary Public I [, 2003, by JAMES E. JONES, as Trustee of VIRGINIA BEACH FREE WILL BAPTIST CHURCH. ,I II He is ~ personally known to me er has I'lreelH68e1 a I. !!.t! 'ft . II 1 &fKl 8at18R~ ,I 11 II illI !j.~ ~tL!-- ' {'1lft- Notary Public ,,I' , ' I ! My commission expires: .~ '! (;Jt)O ?- " 6 STATE OF VIRGINlA CITY OF VIRGINlA BEACH, to-wit: The foregoing instrument was acknowledged before me this ;. ,.-Jtday Of.#i;;Lh/t; 2003, by DAVID BUNDY, as Trustee ofVIRGINlA BEACH FREE WILL BAPTIST CHURCH. , He is iitR9r personally known to me ~r Ra8 ff@duutl tI .. it'i i6eMifiefttian. l<ttL l. '/1j1.LJ,G/' Notary Public My commission eXPires:ff".Jf..e(./tl;;i> /, J{){I& STATE OF VIRGINlA CITY OF VIRGINlA BEACH, to-wit: The foregoing instrument was acknowledged before me this /:5 tlday of ~-ti~Lttt 2003, by RICHARD ALLEN SHANDY, as Trustee ofVIRGINlABEACHFREE WILL BAPTIST CHURCH. He is ~ personally known to me sr llliJ tHvd"CGd Ii -"-"--. ill id i!ntiiieatieR. .nt..(!.d, .-- -- ! My commission expires:! ,. 7 APPROVED AS TO LEGAL SUFFICIENCY i i Rev. 07-24-02 APPROVED AS TO CONTENT \tnI'M Coniikc.'\ CfTY REAL ESTATE AGENT 8 PREVENTING SETlLEMENT 'M-lEN APPROVED 8Y 2W PLASTIC HARDWARE GALVANIZED S1EEl 'MRE. :R 0.03 INCH, NUMBER 4 11 ANCHORED FIRMLY TURE. AT lEAST ONE PROVIDED ON ALL FOUR NY SIDE FACING A IE NUMBER, THE DlMEN- lONS OF THE WEEP ::0 TO COINCIDE WIlli ECAST STRUCTURE VER. 'M:EP HOLES SHALL :ASE ON ALL DRAINAGE OS OF ANCHORAGE, l OF ll-IE ENGINEER, ~oR THE CAST IRON LUGS ,ED WHEN V.D.O. T. SPECIFICA llONS. 'MiEN ,ED THEN TYPICAL . S~ECIFIED AND CAST ITS ORDERED, THE NUMBER, THE LOCA TlONS OF THE WDIFlED TO COINCIDE 'MTH :CAsr SlRUCTURE SPEClfl- 'EP HOLES SHALL BE INAGE STRUCTURES. PRECAST WCTIJRES IolAY BE USED. IS: : 35,000 P.5.I. E PROVIDED )NS A~40-60. 'INTEO ON FRAME 6 L8S. 54 LBS. 5 lBS. GOOD GRADE OF GREY IRON. WINIA BEACH NDARD OLE SHOWlNG 0.1. PASSING lHROUGH C WORKS B 14 "Z SUB TOTAL NEW PARKING TOTAL REGULAR HANDICAP 16. GREEN AREA: REQUIRED PROVIDED PARKING LOT TREES: REQUIRED PROVIDED 21. SEWfR FLOWS: AVERAGE = 2.97 GPM PEAK = 7.41 GPM SWM/BMP DATA SUMMARY: 10 YR. STORAGE REQUIRED: 3,810 C.F. 10 YR. PEAK ELEVATION: 11.84 BMP STORAGE REQUIRED: 2,795 C.F. C~Jn DC'A'''' ..., ..."."T'\...... ~~~- 96 SPACIoS 25 SPACES 121 SPACES 116 SPACES 5 SPACES 750 S.F. 1019 S.F. 5 EA. 5 EA. I -. OUT FALLS TO PREVENT CLOGGING. ~ 1-~ 0~ o~() ~ ~ ~.~\ / Q ~~S~<o.1~' / ~ ~" / ~/f ~ A .' (\' #' /' .,...... / /_0 WOOD PE DE 5 T R f 11 1'-1 / I , - BRIDGiE (4~Z."W X lb L) WITH HAND RI1/LS BRIDGe ,~ 4.58' FRoM EDGE OF PIJVcMP-N7 e)(1511K> fli<.e tiiOi<.^NT q ~~ ,p' ~ "'" ow. o .{> .,:; ~d/ @ ~07 '~ n 'I \ 1 -r.l? / 11' MOUNT He SINON\ BL G rt-UtG ':!K'KCJ B-1 N <i ""'" """" 81.0' o .,; TIYO 5TOf'r f>fU #210 flNl:tW 1"U:XJf' e...e'J. -1~.70 \ ARFA-) -r~ 8.8' 'm .. 74.5' " N '" EXHIBIT A 64.7' 9 VIRG!Nlk IN THE CIRCUIT COURT OF TIlE CITY OF VIRGINIA BEACH MAY 2 7 1003 IN RE: Appointment of Trustees for the Congregation of the Virginia Beach Free Will Baptist Church ,..", ',J.,;""",,"'''''.' CHANCERY NO: ~-11Q.5 ORDER THIS DAY came James E. Jones, David Bundy and Richard Allen Shandy, Trustees ofVlRGINIA BEACH FREE WILL BAPTIST CHURCH and the Moderator of the Meeting and church Clerk who were in attendance at the said election and filed their notarized petition herein to which is wmexed a notarized copy oftbe Resolution of the Meeting of the Congregation of said Church election James E. Jones, David Bundy and Richard Allen Shandy as Trustees of said church, with the Congregation of the Church elected said Trustees; and it appearing that the Congregation is the proper authority to act in this capacity; and It is ORDERED that James E. Jones, David Bundy and Richard Allen Sandy are hereby appointed as the true and lawful Trustees of Virginia Beach Free Will Baptist Church and that these Trustees shall hold legal title to any and all Church property until the appointment of their successors. /:. / I~j/ ENTER: This h day of.lttmf, 2003. h~ ~, <a~~~5L b~~~ QlUrch CleO b ~ianan~)!!'~& wunseI- for VirgInia Beach Free ~II Baptist Church ~ ~<d~.A) T~ee - 47- Item V-L.5.b. ORDINANCES/RESOLUTIONS ITEM # 52408 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachment: Pleasure House Road, Lake Drive and Machen Avenue by BAY REFLECTIONS BUILDING, LLC to construct and maintain a vinyl fence: The following conditions shall be required: I. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney'sfees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. March 23, 2004 Item V-L.5.b. - 48- ORDINANCES/RESOLUTIONS ITEM # 52408 (Continued) 7. Prior to issuance of a Right-of Way Permit, the applicant must post a Performance Bond. The amount of the bond shall be determined by the Department of Planning, Development Services Center (DSC) , in accordance with its engineer's cost estimate. 8. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days 'written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 9. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Department of Public Utilities. 10. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicantfor the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and ifsuch removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day ji)r each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. March 23,2004 - 49- Item V-L.5.b. ORDINANCES/RESOLUTIONS ITEM # 52408 (Continued) 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 March 23, 2004 1 Requested by Department of Public Works 2 AN ORDINANCE TO 3 AUTHORIZE A TEMPORARY 4 ENCROACHMENT INTO A 5 PORTION OF THE CITY'S 6 RIGHTS-OFWAYOFPLEASURE 7 HOUSE ROAD, LAKE DRIVE 8 AND MACHEN AVENUE BY BAY 9 REFLECTIONS BUILDING, LLC, 10 ITS HEIRS, ASSIGNS AND 11 SUCCESSORS IN TITLE 12 WHEREAS, BAY REFLECTIONS BUILDING, LLC, desires to construct and 13 maintain a vinyl fence upon the City's rights-of-way known as Pleasure House Road, Lake 14 Drive, and Machen Avenue. 15 WHEREAS, City Council is authorized pursuant to ~~ 15.2-2009 and 15.2- 16 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon 17 the City's rights-of-way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That pursuant to the authority and to the extent thereof contained in ~~ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, BAY REFLECTIONS 22 BUILDING, LLC, its heirs, assigns and successors in title are authorized to construct and 23 maintain a temporary encroachment for a vinyl fence upon the City's rights-of-way of 24 Pleasure House Road, Lake Drive, and Machen Avenue as shown on that certain plat 25 entitled "FENCELlNE ENCROACHMENT EXHIBIT PLAN OF COASTAL VIEW (A 26 PRIVATE BEACH COMMUNITY) INTO CITY OF VIRGINIA BEACH RIW FOR BAY 27 REFLECTIONS BUILDING, LLC, VIRGINIA BEACH, VIRGINIA ", a copy of which is on file 28 in the Department of Public Works and to which reference is made for a more particular 29 description; and 30 BE IT FURTHER ORDAINED, thatthe temporary encroachment is expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the City 32 of Virginia Beach and BAY REFLECTIONS BUilDING, llC (the "Agreement"), which is 33 attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized 35 designee is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 37 such time as BAY REFLECTIONS BUilDING, llC and the City Manageror his authorized 38 designee execute the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd 40 day of March .2003. 44 45 ~ROVED AS TO CONTENTS ~ c.~<k SIGNATURE Pw 1fC41 {JJ:/di DEPARTMENT 41 42 43 46 47 TO LEGAL FORM 48 49 50 51 52 v CITY ATTORN CA-8939 PREPARED: November 24, 2003 H:\ WP8\KE N N EDY\ENCS\bayreflections.ord. wpd PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~>'~l) , I , day of JI (; /5,/''),/3:1:1'< 20~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "city", and BAY REFLECTIONS BUILDING, L.L.C., a virginia limited liability company, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: THAT, WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: "Parcel A, containing 38,828! Sq. Ft. , or 0.891 Acres, as shown on the I I I , , I I II i plat recorded in the virginia Beach Circuit Court Clerk's Office in M.B. 286, PG. 46. Said property is a Re-subdivision of Lots 1-12 & Lots 37-40, Blk. 2, Map of Bradford Terrace (M.B. 9, PG. 55)", and being further designated and described as 2400 Courtyard Lane, Virginia Beach, VA 23455; and WHEREAS, it is proposed by the Grantee to construct and maintain an existing 4' vinyl fence, a "Temporary Encroachment" in the City of virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rightS-Of-way known as Pleasure House Road, Lake Drive and Machen Avenue, the "Encroachment Area"; and GPIN: 1570-40-9882 the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary i i i I I II I, 'I I Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: II I, II A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "FENCELINE ENCROACHMENT EXHIBIT PLAN OF COASTAL VIEW (A PRIVATE BEACH COMMUNITY) INTO CITY OF VIRGINIA BEACH R/W FOR BAY REFLECTIONS BUILDING, L.L.C., VIRGINIA BEACH, VIRGINIA", a copy of which is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. 2 " It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to the issuance of a permit the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with its engineer's cost estimate. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance 3 I Ii and general liability insurance, or such insurance as is deemed necessary by the city, and all insurance policies must name the city as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City Traffic Engineer's Office. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public utilities. It is further expressly understood and agreed that the city, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may 4 '/' ,. i' require the Grantee to remove the Temporary Encroachment; and, pending such removal, the city may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said BAY REFLECTIONS BUILDING, L.L.C., has caused this Agreement to be executed on its behalf by A.R. Gregor, Jr., Manager of BAY REFLECTIONS BUILDING, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its city Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the city Manager (SEAL) ATTEST: City Clerk 5 I I , BAY REFLECTIONS BUILDING, L.L.C. a Virginia limited liability company .y ~ "L~-""/ By .:/ '-r.. . A.R. Gregor, r., Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA i i BEACH. He/She is personally known to me. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: this day of , 20 , by The foregoing instrument was acknowledged before me RUTH HODGES SMITH, city clerk, on behalf of the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 6 Ii STATE OF V fl",~, ,- CITY/COUNTY OF V",,, ,'J?,,<<H , to-wit: The foregoing instrument was acknowledged before me this /'77"11- day of N..:..'""":-,,,,,,t.-1 , 20 O-~ , by A.R. Gregor, Jr., Manager, on behalf of BAY REFLECTIONS BUILDING, L.L.C., a virginia limited liability com any. My commission Expires: i- ~ l>- ~-- " ; i i. ALEPGPRAOLVSEUD AS TO II FFICIENCY I' liU~a~Q CITY A TOR*~ ~ APPROVED AS TO CONTENT ~C'< . ~ ""- ITY REAL ESTATE AGENT -,* 7 o o c:i o "" IlLJ --j, , 2.9' OFF -------l--- 78' ---x------1-x--- x '<- 1.7' ON LAKE DRIVE ~ 50' Rlw ~ (M.B. 9, P. 55) 36' ",' x 5 E 175.00' 2.9' OFF 8.4' ."\'. : ~/I" I '-"1" L"4 ~J , I L j ,-' -'~-,-~~, , _ '+ I 2 I ~ I "II ' L09 - p O'l P tJ') <::: II I", 2405 '" I 2401 I'" 4 2' - rON- 0.8' '" OFF :=J 75' i2400 2404 2408 2412 GPINs APFECTED: 1570-40-9882- M.B. 286, P. 46 SCALE: 1" = 30' '\ "\ / ,/ I / / I~ (~ "/,, /. /. /. , a (V ['l '0 ~'" A/ , ~ ~" 175.00' 2401 2405 2409 2413 36' MACHEN A VENUE ~ 50' Rlw ~ (M.B. 9, P. 55) ...... '.:. ,"Jo','" 84' " 4' PUBLIC SIDEWALK 07 JUNE, 2002 (rev 03/25/03) PENCELlNE ENCROACHMENT EXHIBIT PLAN OP Coast~1 View (a Private Beach Community) Into City of Virginia Beach R/W PaR BA Y REFLECTIONS BUILDING, LLC VIRGINIA BEACH VIRGINIA 4.9' EXIST. RlW ,''; 2404 l J a -<(.\0' 0: I 8 c.::', "'I c:i WJ. 0; C1J V)/. C1J ~ :::)~~ 0', '>:: O~~ I :r:o~ o '.- WJ<Oo.: 'i' P c.::, / . I O'l :::): &l o p V). '" "- ~ -<(, oi L[) V1 ~.; ~ 0.5' (TYP) , 4' VINYL FENCING wi POST CAPS 2400 . .... ".,:. '",' 0.7' V00024 _cddfenceREV. dwg TMP /wcg ~=Gr KELLAM - G ERWITZ ENGINEERING INC, ENGINEER1NG-SURVEYlNG-PLANNING 500 CENTRAL DRIVE SUITE 113 Y1RGlNIA BEACH,\1RGINIA 23454 (757)340-0828 >( \ e\~\- ..,.. ,i\.)/ , / -r / ,: A/ )1' /"_- III i / Ii' "Ii" ~..J' ..'<!;. .J r' " (I) WEST SIDE OF PLEASURE HOUSE RD. LOOKING NORTH ~~------- ---- . -. , .m.......... ,.....";...,...>, f\~~':: i' : ii~\\II'111\111111 \ lilt \1 1\ II' ,\ , -- (2) FENCE ALONG LAKE DR. _....m_ . / /.- - ./~--===- --- - (3) FENCE ALONG MACHEN AVE. (4) FENCE LOOKING WEST ALONG MACHEN AVE. - 50- Item V-L.5.c. ORDINANCES/RESOLUTIONS ITEM # 52409 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachment: Kempsville and Providence Roads by KEMPSVILLE CORNER ASSOCIATES to maintain an existing business identification sign at 904 Kempsville Road: The following conditions shall be required: 1 The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removedfrom the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to ftle or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant shall obtain and keep inforce all riskproperty insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days'written notice to the City prior to the cancellation or termination oj.' or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. March 23, 2004 1 Requested by Department of Public Works 2 ANORDmANCETOAUTHO~ETEMPORARY 3 ENCROACHMENT mTO A PORTION OF THE 4 RIGHT-OF-WAY AT KEMPSVILLE ROAD AND 5 PROVIDENCE ROAD BY KEMPSVILLE CORNER 6 ASSOCIATES, ASSIGNS AND SUCCESSORS m 7 TITLE 8 WHEREAS, Kempsville Comer Associates desires to maintain an existing business 9 identification sign in the City's right-of-way located at 904 Kempsville Road. 10 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 11 Code of Virginia, 1950, as amended, to authorize a temporary encroachment upon the City'sright-of- 12 way subject to such terms and conditions as Council may prescribe. 13 NOW, THEREFORE BE IT ORDAmED BY THE COUNCIL OF THE CITY OF 14 VIRGmIA BEACH, VIRGINIA: 15 That pursuant to the authority and to the extent thereof contained in 99 15.2-2009 and 16 15.2-2107, Code of Virginia, 1950, as amended, Kempsville Comer Associates and its assigns and 17 successors in title are authorized to maintain an existing temporary encroachment for a business 18 identification sign in the City's right-of-way as shown on the survey entitled: "PHYSICAL 19 IMPROVEMENTS SURVEY OF: PLAT OF PROPERTY OF THE COPPERSMITH PARCEL 20 LOCATED AT PROVIDENCE AND KEMPSVILLE ROADS", a copy of which is on file in the 21 Department of Public Works and to which reference is made for a more particular description; and 22 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subj ect 23 to those terms, conditions and criteria contained in the Agreement between the City of Virginia 24 Beach and Kempsville Corner Associates (the "Agreement"), which is attached hereto and 25 incorporated herein by reference; and 26 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 27 hereby authorized to execute the Agreement. 28 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 29 time as Kempsville Corner Associates and the City Manager or his authorized designee execute the 3 0 Agreement. 31 Adopted by the Council ofthe City of Virginia Beach, Virginia, on the 23rd dayof 32 March ,2004. 33 34 35 36 37 38 39 40 41 42 43 CA-9078 gsalmons/kempscorncrassoclord. R-l PREPARED: 02.03.04 APPR~iED AS TO CONTENTS " .fJ.trN<J- C. q-uJ.s 111 V SIGNATURE Pw RaJ &;foi; DEPARTMENT APPROVED AS TO LEGAL SUFFICIENC~ D 1\ M W~ CITY 2 I II I' , I II PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE i I' EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(.)(3) I AND 58.1-811(c)(4) REIMBURSEMENT I AUTHORIZED UNDER SECTION 25-249 I I I I THIS AGREEMENT, made this 27th day of October, 2003, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and KEMPSVILLE CORNER ASSOCIATES, a Virginia general partnership, and its assigns and successors in title, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "NOW OR FORMERLY HELTON, JOHNNIE F. & MACIE REED", as shown on "RlW ACQUISITION PLAT KEMPSVILLE ROAD PH I FOR CITY OF VIRGINIA BEACH", as recorded in M.B. 148, at page 29 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and being further designated and described as 904 Kempsville Road, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to maintain an existing identification sign, "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as Kempsville Road / Providence Road, "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN: 1466-63-3836-0000 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the I I Grantee permission to use The Encroachment Area for the purpose of maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain survey entitled: "PHYSICAL IMPROVEMENTS SURVEY OF: PLAT OF PROPERTY OF THE COPPERSMITH PARCEL LOCATED AT PROVIDENCE AND KEMPSVILLE ROADS MAP BOOK 77 PAGE 51 MAP BOOK 115 PAGE 47 MAP BOOK 121 PAGE 6 MAP BOOK 148 PAGE 29 MAP BOOK 279 PAGE 96." A copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and I that within thirty (30) days after the notice is given, the Temporary Encroachment must i be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all I claims, damages, losses and expenses including reasonable attorney's fees in case it shall I be necessary to file or defend an action arising out of the location or existence of the I Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited , extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to I maintain the Temporary Encroachment so as not to become unsightly or a hazard. I' It is further expressly understood and agreed that the Grantee must obtain I and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as I additional named insured or loss payee, as applicable. The Grantee also agrees to carry , I comprehensive general liability insurance in an amount not less than $500,000,00, I combined single limits of such insurance policy or policies, The Grantee will provide I endorsements providing at least thirty (30) days written notice to the City prior to the I i cancellation or termination of, or material change to, any of the insurance policies. I : 3 The Grantee assumes all responsibilities and liabilities, vested or contingent, i I with relation to the Temporary Encroachment. I I I I It is further expressly understood and agreed that the City, upon revocation I , i I of such authority and permission so granted, may remove the Temporary Encroachment , ! and charge the cost thereof to the Grantee, and collect the cost in any manner provided I by law for the collection of local or state taxes; may require the Grantee to remove the I Temporary Encroachment; and pending such removal, the City may charge the Grantee I , for the use of The Encroachment Area, the equivalent of what would be the real I property tax upon the land so occupied if it were owned by the Grantee; and if such I removal shall not be made within the time ordered hereinabove by this Agreement, the I I City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection oflocal or state taxes. IN WITNESS WHEREOF, Kempsville Comer Associates has caused this Agreement to be executed in its name on its behalf by Warren E. Sachs, a general partner, with due authority to bind said partnership. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. , ., 4 (SEAL) ATTEST: CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager City Clerk KEMPS ILLE CORNER ASSOCIATES e Vi eneral Partnership By s, General Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20<rl, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA II CITY OF VIRGINIA BEACH, to-wit: 'I The foregoing instrument was acknowledged before me this day of , 2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIR..l!r1 tVr#- CITY/COUNTY OF {IJOIZPoL1C ,to-wit: The foregoing instrument was acknowledged before me this I (jet;; ht'v' ,2003, by Warren E. Sachs, General Partner on behalf of Kempsville Corner Ii '1 7 '4, p,/ day of Associates. I I J'D~ I ~~6u&J- i My Commission Expires: -:::;~.JI,K; d-&J6 ! APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT ~J~ _~~ CITY ATTO Y ----- ~~k'a' C. cYr,lJS&'",. ITY REAL ESTATE AGENT 6 SIGNAL POLE PROVIDENCE ROAD VARIABLE WIDTH RIGHT OF WA Y <b MAP BOOK 279 PAGE 96 'll' ~ L=54.55' 1126.00 LINE L1 LINE TABLE LENGTH 41.16' oJ , FIRE V,:" HYDRANT ..' : ~ SIGN >- ~<o ....'" cQ.... <(>-~ oJ:<( Cl::~(L ....0::'" -.J "- ~i!:'" Vlo5 (L~O ~...,lXl l<:-J(L lXl<( :5::. Cl:: ~ .... .'0 ,..,,.., .;.. ,. o '" ;Z PIN FOUND PHYSICAL IMPROVEMENTS SURVEY OF: PLA T OF PROPERTY OF THE COPPERSMITH PARCEL LOCA TED AT PROVlOENCE AND KEMPSVILLE ROADS MAP BOOK 77 PAGE 51 MAP BOOK 115 PAGE 47 MAP BOOK 121 PAGE 6 MAP BOOK 148 PAGE 29 MAP BOOK 279 PAGE 96 EXCLUSIVEL Y FOR: KEMPSVILLE CORNER ASSOCIA TfS BEARING N63"42'53"E 100.73' S 68'4846" E ~ ~y Q~ -u;> -;'0 "'0 u;>"'" '" ".':::. '1.'"' -~ ~.". ';Xl~ 9- 'Z-'"' -=;;'''' ~ ~ 9- ~ \I> '2:. ';Xl <;l, ~ GPIN 1466 63 3836 , ~~ 0)- ,,"" <X) \'I _0 '" Vl NOW OR FORMERL Y PHILIP D. & GLORIA M. NICOLAI MAP BOOK 147 PAGE 16 GPIN 1466 63 5810 1 4.42' N 68'48'46 W NOW OR FORMERL Y CITY OF VIRGINIA BEACH MAP BOOK 115 PAGE 47 GPIN 1466 63 3649 Exhibit" A" WARREN AND ASSOCIATES P.C. LAND SURVEYORS 3933 Indian River Road Virginia Beach, Virginia 23456 757-471-0572 SCALE 1"=40' KEMPSVILLE CORNER ASSOCIATES ENCROACHMENT REQUEST -"'..'-~ , -. I SOUTHEAST CORNER OF KEMPSVILLE ROAD AND PROVIDENCE ROAD . ----,- -{)-- ( I......... ,i I / -1 ~ I ...... If J I I I' I I \ .I .....J /-~/2~ f) -_- "II c:;? /, I I r..... ~ DTIO-II Ie' 20,91 I ,-,>, ...i .../ I I '" I I <...! I I I I ~ , ~, ~-- ~> '=:. ... 1/ 'r1' . LOCATION MAP (jV <:j~ ,;l / / ! II SHOWING:l7 ENCROACHMENT REQUESTED BY () KEMPSVILLE CORNER ASSOCIATES () INTO CITY RIGHT-OF-WAY f5:h 904 KEMPSVILLE ROAD) ~ ~ SCALE: 1" = 200' l.....j PREPARED BY PM' ENG.O\OD DEPT. JULY 7,2003 KEMPSVILlE.DGN M.J.S. <. ---_.._--_.~- - 52- Item V-L.6, ORDINANCES/RESOLUTIONS ITEM # 52410 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to APPROPRIATE $132,891 from the State Compensation Board and TRANSFER $130,000 from Reserve Contingencies to the Sheriff's Department FY 2003-04 operating budget re employingfzfteen additional Deputies. 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. Oberndo~f, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 23, 2004 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $132,891 IN ESTIMATED REVENUE FROM THE STATE COMPENSATION BOARD AND TRANSFER $130,000 FROM THE RESERVE FOR CONTINGENCIES TO THE SHERIFF'S DEPARTMENT FY 2003-04 OPERATING BUDGET TO HIRE 15 DEPUTIES 7 WHEREAS, as a result of a Department of Corrections staffing 8 study, the State Compensation Board has approved 15 additional 9 deputy positions for the Virginia Beach Sheriff's Department, 10 beginning March 1, 2004. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, Virginia: 13 14 1. That $132,891 in estimated revenue from the State Compensation Board is hereby appropriated to the 15 Sheriff's Department FY 2003-04 Operating Budget to fund 16 17 15 additional positions. 2. That $130,000 from the General Fund Reserve for 18 Contingencies is hereby transferred to the Sheriff's 19 20 Department FY 2003-04 Operating Budget to fund the salary and benefit supplement for these additional 15 positions. 21 3. That the number of positions in the Sheriff's Department 22 23 24 25 is increased by 15.0 FTE. 4. That state revenue in the FY 2003-04 Operating Budget is increased by $132,891, Adopted by the Council of the City of Virginia Beach, 26 Virginia on the 23rd day of March , 2004. 27 CA9193 H:\GG\orders\15 Emergency Hire Deputies.ord.doc R2 March 12, 2004 Approved as to Content: Approved as to Legal Sufficiency: jj~ )C\ Ii \YvW . ~ / \'.._- t1tu-v<-v ,::)>;~ .Ii-"--- ( t City Attorney s Office Management Services - 53- Item V-M.I. ORDINANCES/RESOLUTIONS ITEM # 524[[ Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution to ENDORSE a proposed transportation enhancement project to the Commonwealth Transportation Board for steel-backed timber guardrails (Phase I) and acknowledge the requirement for a local match. 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 March 23, 2004 1 RESOLUTION TO ENDORSE A PROPOSED TRANSPORTATION 2 ENHANCEMENT PROJECT FOR VARIOUS REPLACEMENT OR 3 INSTALLATION OF STEEL-BACKED TIMBER GUARDRAIL (PHASE I) 4 5 WHEREAS, the Virginia Department of Transportation, along with 6 the Virginia Department of Rail and Public Transportation and the 7 Federal Highway Administration, has announced the availability of 8 Transportation Enhancement Funds for qualified projects; 9 WHEREAS, approximately Eighteen and One-Half Million Dollars 10 ($18.5 Million) may be available to Virginia localities for 11 transportation enhancement projects during the 2003-2004 Fiscal 12 Year; 13 WHEREAS, the city Council has been advised that projects 14 funded by this program require a local match, either in- kind or 15 cash, of twenty percent (20%); 16 WHEREAS, the City Council has been further advised and 17 acknowledges that in the event the City elects to cancel a project 18 funded by this program prior to its completion, the City shall be 19 required to reimburse the Virginia Department of Transportation for 20 funds expended for such proj ect; 21 WHEREAS, the Metropolitan Planning Organization has endorsed 22 the City's proposed transportation enhancement project; and 23 WHEREAS, in accordance with Commonwealth Transportation Board 24 construction allocation procedures, an endorsement resolution must 2S be received from the City Council before the Virginia Department of .. r'~ ~ Transportation will program an enhancement project in the n applicant's locality; 28 WHEREAS, the city Council recognizes the importance of 29 transportation enhancement projects as a way of integrating 30 transportation into our community and natural environment. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 Tha t the Ci ty Council hereby endorses to the Commonweal th 34 Transportation Board the City's proposed transportation enhancement 35 project, Various Replacement or Installation of steel-Backed Timber 36 Guardrail (Phase I), and acknowledges the requirement for a local 37 match. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the 23rn day of Mar~h , 2004. 40 41 42 43 44 45 46 47 48 49 50 51 52 CA9146 H:\GG\Ordres\Guardrail R2 March 10, 2004 grant.Res.wpd APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~or~'~I~ AJ) I / . 7;,/~ . t'/L _./- Department o:il Public Works 2 1\ fJi'WZ?)~lfj/limrtif 1IJ~!~-'i\\ r Y, . 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I,> I 1;- 1;"---___ ~;-,.\ \ 1 '" \.\\' \ _ I "''----><: ,I ' \ II \ , , \ \ \ , \ b - 54- Item V-M.2.a. ORDINANCES/RESOLUTIONS ITEM # 52412 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution REFERRING to the Planning Commission: Proposed amendments to f1i 250,251,252 and 253 of the City Zoning Ordinance (CZO) to repeal the Open Space Promotion option. 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 March 23, 2004 1 2 3 4 5 6 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO THE CITY ZONING ORDINANCE REPEALING THE OPEN SPACE PROMOTION OPTION 7 WHEREAS, the public necessity, convenience, general welfare 8 and good zoning practice so require; 9 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That there are hereby referred to the Planning Commission, 12 for its consideration and recommendation, proposed amendments to 13 the City Zoning Ordinance repealing Sections 250, 251, 252, 253, 14 and 506 thereof, pertaining to the Open Space Promotion Option. 15 Adopted by the City Council of the City of Virginia Beach 16 on this 23rd day of March , 2004. CA-9103 Wmm\openspacepromooptionres.doc R-2 March 3, 2004 APPROVED AS TO CONTENT: \~2> 7 \ ~ .)'~:- -;:.>-\ - 0 Planning 'fJepartment mR~~::; 74~ ;vr;)CY City Attorney's Office 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO REPEAL THE ORDINANCE PROVISIONS PERTAINING SPACE PROMOTION OPTION CITY ZONING TO THE OPEN Sections Repealed: City Zoning Ordinance 88 250, 251, 252, 253, and 506 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 250, 251, 252, 253, and 506 of the City Zoning 12 Ordinance are hereby repealed, as follows: 13 E. OPEN E:PACE PROnaTION OPTION Reserved. 14 See. 259. Le~is1ative intent. 15 The iRtent of thi3 devc10pmeRt option io to eRCOUro."j'e the 16 preoervation of en,Jironll\ent0.1 amenitieo 0.0 ,..ell 0.3 to provide for a 17 more efficient uoe of land o.nd public o.nd private fo.cilitieo by 18 o.llo.,..ing under o.pproprio.te circumoto.Rceo 0. more flexible meano of 19 reoidential development than io other...ioe permiooible under 20 lot by lot reotrictioR3. In vie... of theoe o.dvantageo, it io the 21 intent of thio option to promote the preoervatioR of open opo.ce 22 throu"j'h lot size reduction3 '"ithout denoity vo.rio.tion. 23 See. 251. preeeaara1 requirements. 24 (0.) Initiation. lifty pro13erty o',,'fier mo.y file .,..ith the planning 25 director o.n application for o.n open 3pace promotion project. The 26 a13plication shall be accompanied by a plo.n 3ho.,..ing. 27 (1) Current zoning(o) of the tro.ct involved. 28 (2) Loco.tion o.nd dimenoiono of the tract. 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (3 ) The general size and locatioR of e)(iotin"j" and Ilroposed etructureo. (1 ) Thc exioting and proposed uee of otructureo and o]?en epaceo. (S) The calculated eize and location of pro]?oeed lote and open opaceo and all other calculations related to theoe. (C) ^ "j"cneral pedeotrian and vehicular traffic circulation plan. (7) Information relating to topograIlhy, accees, oi"j"nificant environmental featurcs, and surrounding zoning and land use featureo. 43 (8) ~ plan for the maintenance of the open epaceo. Thc planning director shall etudy the application and shall confer '.:ith pertincnt city agencics to determine ..hether the propoeal conformo to the "j"eneral purpooe and intent of the open epaee 44 ,.~, , ~ ~~a~ have seeR promotion option, any aIlIl~lea_~e regu~a~ione ~u ~ . adoptcd, and the requiremento of this ordinance. Upon completion of ~ ,~ ~~c director shall determine that any propooal in DUC..... rC~vTic~.;, ..L:l:: tn 45 46 47 thc application doeo not meet the requirements of thio ordinance, he shall reject the application and return it forth-.:ith, '.lith ita accompanying fcc, to the applicant. If the application does meet the requiremente of this ordinance, the director ehall tranomit all thc findingo and recommendations of the city agencies to the 48 49 50 51 52 planning commission. 2 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 3 77 the traet 030 a whole by utilizing the underlying zoniftg district 78 requirements. 79 (c) If the ~rovisiono of thio ordinaftce or the conditiono or 80 reotrictions im~ooea by city council 030 part of the plan appro".'al 81 arc not met, then city council may revolee the aF'proval, provided 82 that ten (10) aayo' vritten notice is given to the apF'licant and a 83 public hearing is held. 84 Cee. 252. Changes in allllre.....ea lllans. 85 Changes ift approved pIano may be permitted by the planning 86 director upon application by thc mcner, but only upon a finding 87 that such changeo arc in accord ~ith all regulationa in effect at 88 the time the change is reElueoted, and the general intent and 89 purpooe of the approved plan in effect at the time of the propoaed 90 change. Changeo other than as indicated above ohall be made only 91 by a nC',; open opace promotion application or other amenamento. 92 Further, the minimum land area requiremento oct forth hereinafter 93 ohall not apply to the area immediately involved in the propooed 94 amenament. 95 Cee. 253. Ollan sllaec llremetien requirements in gencral. Reserved. 96 (a) l'.pt!licability. The open opaee promotion option io 97 applicable in the R 10 through R 7.5 Reoidential Diatricta only. 98 (b) .'linimum arc::! of dC'o'clopment. The minimum area to be 99 dc'.reloped under the open apace promotion option ohall be t""enty 100 (20) acreo. 4 101 (c) U3C rCgulationo. The uoeG and otructureo permitted arc 102 thooc ~ermitted in the underlying zoniRg district. 103 (d) IIcight, 3ign and off strect parJcing rcgulatiof'l3. Ilci'3ht, 104 Gign and off strect p::\rking regulationG ohall Be thc o::\mc ao 105 re~uired in the underlying zoning diotrict. 106 (e) Opcn 3pacc maintenance. There Ghall be an aoourance of 107 adequate pro,ioion for the maintenance of open opace in each caoe, 108 ',;hether the open Gpace io uRimproved or improyed. 109 (1) Unimpro,'ed epcn oF'acc. If the applicant hao no plan to 110 ereet a oubGtantial recreational otructure or other 111 112 113 114 115 116 117 118 119 120 121 122 123 124 (2) im~rovemento on the property, he oh::\ll be required to dedicate the entire open o~ace to the city in order to utilize thio option. In thiG caoe, the city ohall aooume all reGponoibilitieo for maintenaRee. Impro?cd open apace. If the applieant plano to erect a recreational Gtrueture or maJ(e other improvementG to the open op::\ee ',;hich, in the opinion of eity council, are Gufficiently oubotanti::\l to encouragc reoponoible property maiRtenance by a homcmmero aooociation or other oimilar agent, then city council m::\y allo',l tranofer of o',mcrohip and aooumption of all maintenance reopoRGibilitieo to oueh ageRt, provided that ouffieient evidence of maintenance capability on the part of the agcnt io preoented to city council, and further provided 5 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 6 149 develoF'ed under il "Jillid oF'en GpilCe F'romotion conditional UDe 150 permit. 151 dimenGional requiremeRtG for Dingle filmily (il) 8F'ecial 152 d\:ellin"lD unaer an oF'cn GF'ace 13romotion UDe 13ermit. 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 R-40 Residential Districts R-30 R-20 R-15 R-IO R-7.5 ( 1) HiRimuRl lot arc.:J. in oql:lClrC feet. 21,000 18,009 12,900 9,000 7,SOO G,500 (2 ) niB.imum lot .:::trca Qutaia::. ",;.:lter I Hlu.roh or ..ctlanao. 21,000 18,000 12,000 9,000 :,SOO C,SOO (3 ) Ninimuffi lot \.idth in feet. 100 (1) r1inimum frent yard oetback in feet. SO so 30 30 100 100 75 75 co 30 30 (S) rliRimum front ) ard oetbaek "heR adjaeent to a 10 foot right ef .ay oreated in aooord anoe c:ith oeotion 1 .~ of tho Cubdivioion Ordinanoe in feet. SS SS 35 3S 35 35 (C) r1inimum side yard oetbacJe C)(ccpt ',:hen adjacent te a otEeet in feet. 15 1S 10 10 5&10 8 (7) Hinimuffi aide yard oetbaoJe adjaoent to a otrcct in feet. 30 30 30 30 30 30 (8 ) Hinimum oide yard oetbaole .hen adjacent to a 19 foot right sf ',:3.y created in .:J.ccord afice ',;ith ocction 1.1 (m) of the CubdiviDion OJ:diRClDCC in feet. 3S 35 3S 3S 35 35 7 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 (9) PlinimHfR rcar yard oetback e)[cept for QCCCDBory 8tructUyc01 in feet. 20 20 20 20 20 20 (10) r1iniffi"m rcar yard octl3a.clt: for :leecooory ~tructuEcO only in feet. IS IS 19 10 10 10 (11) r1aJdmufR lot covera"!c in per-cent. 35 35 2S 2S 30 30 (12) rqa"ifRufR dcnoit) in unito per .:lore. 9.8 1.1 1.7 2.2S 3.0 3.5 COMMENT In 2002, the General Assembly enacted amendments to the Virginia Code requiring any locality that provides for clustering of single-family dwellings and preservation of open space upon approval of a conditional use permit or rezoning to amend its zoning ordinance or subdivision regulations by July 1,2004, so as to allow clustering as a matter of right, Because the City Zoning Ordinance contains the Open Space Promotion Option (CZO Sections 250 - 253), under which clustering of single-family dwellings is allowed pursuant to a conditional use permit, the Icgislation applies to the City. For that reason, the City must either: (1) allow single-family dwellings to be clustered as a matter of right; or (2) eliminate the Open Space Promotion Option (such that the 2002 legislation would not apply), The proposed amendments implement the second alternative by repealing the Open Space Promotion Option, Much the same result, however, could be accomplished by means of conditional zoning proffers, evcn though the City Zoning Ordinance would no longer contain any express provisions by which this may be done. Rather than filing an application for a conditional use permit under the Open Space Promotion, an applicant wishing to accomplish a similar result would simply need to file a conditional zoning application and proffer the conditions hy which this is to be accomplished, rather than doing so under a conditional use permit. By not allowing clustering as a matter of right, the City will retain a much higher degree of control over the result. Adopted by the City Council Virginia, on this day of of the City of Virginia Beach, 2004. CA-9102 wmm\openspacepromoordin.doc R-2 March 4, 2004 8 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFWJI; N ~. City Attorney's Office 9 - 55- Item V-M.2.b. ORDINANCES/RESOLUTIONS ITEM # 52413 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DENIED: Resolution REFERRING to the Planning Commission: Alternate Version: Proposed amendments to.ll.9 251, 252 and 253 and 506 of the City Zoning Ordinance (CZO) to allow Open Space Promotion option 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 March 23, 2004 - 56- Item V-M.2.c. ORDINANCES/RESOLUTIONS ITEM # 52414 Attorney Eddie Bourdon, Pembroke One Building, 5" Floor, Phone: 499-8971, spoke in OPPOSITION, referencing the use of the verbiage "seeking quick resolution to their land use issues ", and deleting the verbiage relative "exception for applications which have been filed as of February 3, 2004". Certain applications have been going through the process for a year to a year and 'half Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED, REVISED VERSION: Resolution to AMEND and REAFFIRM Interim Guidelines governing applications for land use development in Air Installations Compatible Use Zones (AICUZ) 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 March 23, 2004 ALTERNATIVE RESOLUTION 1 2 3 4 5 6 A RESOLUTION AMENDING AND READOPTING INTERIM GUIDELINES GOVERNING APPLICATIONS FOR DEVELOPMENT IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) 7 WHEREAS, on February 3, 2004, the Task Force on Land 8 Use in Air Installations Compatible Use Zones (AICUZ) 9 adopted recommended "Interim Guidelines Governing 10 Applications Development in Air Installations for 11 Compatible Use Zones (AICUZ)"; and 12 WHEREAS, the City Council adopted the aforesaid 13 Guidelines on February 3, 2004; and 14 WHEREAS, the aforesaid Guidelines, as adopted, do not 15 apply to discretionary land use applications filed with the 16 Planning Department as of February 3, 2004; and 17 WHEREAS, the City Council deems it appropriate to 18 amend the aforesaid guidelines by deleting the exception 19 for applications which have been filed as of February 3, 20 2004; and 21 WHEREAS, the Guidelines do not distinguish between 22 land uses deemed compatible by the AICUZ Program Procedures 23 and Guidelines for Department of the Navy Air Installations 24 and land uses deemed incompatible therein; 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 26 CITY OF VIRGINIA BEACH, VIRGINIA: 27 28 29 That the City Council hereby amends and readopts the Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AICUZ), as 30 hereinafter set forth: 31 Amended Inter~ Guidelines Governing Applications for 32 Development in Air Installations Compatible Use Zones (AICUZ) 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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 2 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 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), enesp~ feE ~hess appliea~isBs "hi.eh ha'J's beeB fi.lsa wi.1ffi the DepaEseBt sf PlaBBi.Bg' as sf February 3, 2-GG4 . (b) These guidelines do not apply to the review of subdi vision plats, si te plans or other forms of review of proposed developments not requiring the approval of the City Council; to applications for discretionary approvals of land uses not deemed incompatible under Table 2 (Suggested Land Use Compatibility in Noise Zones) or Table 3 (Suggested Land Use Compatibility in Accident Potential Zones) of the Department of the Navy'S AICUZ Program Procedures and Guidelines for Department of the Navy Air Installations (OPNAV Instruction 110lO.36B); or &&r to 3 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 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 4 96 97 98 99 100 101 102 103 104 105 106 107 108 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 all (4) 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. Adopted by the Council of the City of Virginia Beach, Virginia, the 23rd March 2004. of day on CA- 9132 H:\OID\ordres\amendedinterimAICUZguidelinesresALT.doc R-1 March 22, 2004 APPROVED AS TO CONTENT: Gv~ ~'2-S' oLf Plannlr?cfDepartment APPROVED AS TO LEGAL , 5 Amended Interim Guidelines Governing Applications for Development in Air Installations Compatible Use Zones (AlCUZ) 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 conunitrnent to act in a timely manner on land use proposals in the affected area and the City's conunitrnent 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 impact is not deemed detrimental to the desired balance to be struck through the JLUS effort. 2. Application. (a) These guidelines govem 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 Conunission) pertaining to property located wholly or partially within an Air Installations Compatible Use Zone (AICUZ), elcseflt fer these al"!3lieatieas whish haye beeR filea with the D6!l:<.lu..aHt efPlanffing as efFellruary 3, 2991. (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 ofless than ten (10) acres, where all of the following conditions are present should be considered by the Planning Conunission 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 LOO (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. - 57- Item V-M.3.a. ORDINANCES/RESOLUTJONS ITEM # 52415 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to GRANT nine (9) existingfranchises for the operation of Open Air Cafes in the Resort Area: King of the Sea Beach Diner Atlantic Bistro B(jja Cantina ] 8'h Street Cate Seaside Galley LaVerne's Chix Cafe Fish Bones Restaurant Waterman's Cate 2610 Atlantic Avenue 24] 7 Atlantic Avenue 9] 0 Atlantic A venue 20623'" Street ] 804 Atlantic Avenue 140] Atlantic Avenue 70] Atlantic Avenue ] 2]] Atlantic Avenue 4] 5 Atlantic Avenue Voting: ] ] -0 (By Consent) Council Members Voting Aye: Harry E. Dieze/, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McC/anan, 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 March 23,2004 1 2 3 4 5 6 AN ORDINANCE TO EXISTING FRANCHISES OPERATION OF OPEN AIR RESORT AREA RENEW NINE FOR THE CAFES IN THE WHEREAS, the following businesses (hereinafter 7 "Grantees") wish to renew existing franchise agreements for the 8 operation of open air cafes at the oceanfront: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1. King of the Sea (2610 Atlantic Avenue) side street cafe; 2. Beach Diner cafe; (2417 Atlantic Avenue) boardwalk 3. Atlantic Bistro (910 Atlantic Avenue) sidewalk cafe; 4. Baja Cantina (206 23rd Street) side street cafe; 5. 18ili Street Cafe (1804 Atlantic Avenue) boardwalk cafe; 6. Seaside Galley (1401 Atlantic Avenue) boardwalk cafe; 7. LaVerne's Chix Cafe connector park cafe; (701 Atlantic Avenue) 8. Fish Bones Restaurant (1211 Atlantic Avenue) connector street cafe; and 9. Waterman's Cafe (415 Atlantic Avenue) connector park cafe; for the WHEREAS, the City has developed a franchise agreement regulation of open air cafes that each of the above- 37 listed Grantees will be required to execute as a condition of 38 franchise renewal; and 39 WHEREAS, based upon each Grantee's successful 40 operation of an open air cafe pursuant to a franchise during the 41 past year, the Virginia Beach Convention and Visitors Bureau 42 recommends a five-year renewal of the franchise of each of the 43 foregoing Grantees. 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 45 CITY OF VIRGINIA BEACH, VIRGINIA: 46 1. That a franchise is hereby granted to each of the 47 above-listed Grantees to operate an open air cafe at the address 48 indicated herein from May 1, 2004, to April 30, 2009, 49 conditioned on each Grantee's execution of a franchise agreement 50 and compliance with all of the terms and conditions thereof. 51 2. That the City Manager, or his duly authorized 52 designee, is hereby authorized to enter into a five (5) year 53 franchise agreement with each Grantee. 54 Adopted by the Council of the City of Virginia Beach, 55 Virginia, on the 23rd day of March , 2004. CA-9138 GG/ordres/openairord.doc R-l February 26, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r 2 - _mt-_-- - 58- Item V-M.3.b. ORDINANCES/RESOLUTIONS ITEM # 52415 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to GRANT two (2) new franchises for the operation of Open Air Cafes in the Resort Area: Tropical Smoothie Cafii' Thirty-First Street, L. C. 21125" Street 3001 Atlantic Avenue 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. OberndorJ, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 23, 2004 1 2 3 4 5 6 AN ORDINANCE GRANTING TWO FRANCHISES FOR THE OPERATION OF OPEN AIR CAFES IN THE RESORT AREA (NEW FRANCHISES) WHEREAS, the City has adopted, and incorporated into a 7 franchise agreement, regulations for the operation of open air 8 cafes on public property in the Resort Area; 9 WHEREAS, Tropical Smoothie Cafe and Thirty-First 10 Street, L.C., have submitted applications for the operation of 11 an open air cafes and have paid the required application fee; 12 WHEREAS, representations made in the application 13 comply with the aforementioned regulations; and 14 WHEREAS, the Virginia Beach Convention and Visitors 15 Bureau and the Resort Advisory Commission have reviewed the 16 application aCld deter:nined that the proposed cafe will have no 17 detrimental effect on the public health, safety, welfare, or 18 interest, and wi 11 enhance the festive atmosphere in the Resort 19 Area. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 1. That a franchise is hereby granted to Tropical 23 Smoothie Cafe to operate an open air side street cafe at 211 25th 24 Street from May I, 2004, to April 30, 2005, conditioned on 25 provision of TS Cafe of an approved final site plan, liability 26 insurance coverage, a security bond and applicable franchise 27 fee, and on compliance with all of the terms and conditions of 28 the Franchise Agreement. 29 2. That a franchise is hereby granted to Thirty- 30 First Street, L. C., to operate an open air boardwalk cafe at 31 3001 Atlantic A'Jenue from May 1, 2005, to April 30, 2006, 32 conditioned on provis ion of Thirty-First, L. C., of an approved 33 final site plan, liability insurance coverage, a security bond 34 and applicable franchise fee, and on compliance with all of the 35 terms and conditions of the Franchise Agreement. 36 3. T~at the City Manager, or his duly authorized 37 designee, is hereby authorized to enter into franchise 38 agreements with Tropical Smoothie Cafe and Thirty-First Street, 39 L.C. 40 Adopted by the Council of the City of Virginia Beach, 41 Virginia, on the 23rd day of March , 2004. CA-9142 GG/ordres/openairneword.doc R-3 March 5, 2004 APPROVED AS TO CONT~NT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ nvention & Vis::tor:s B:reau ""-- ~~l~ City Attorney Offi e 2 - 59- Item V-M.3.c. ORDINANCES/RESOLUTIONS ITEM # 52416 Louie Ochave, owner of 4 businesses in the Resort Area/Board of Virginia Beach Restaurant Association and Resort Retailers Association, 800 Seahawk Circle, Suite 110 23452, Phone: 368-5400 Andy Edwards, 800 Seahawk Circle, Suite 110 23452, partner with Louie Ochave in the operation of 4 businesses, Phone: 268-5400 Upon motion by Councilman Maddox, seconded by Councilman Villanueva, City Council ADOPTED, AS REVISED: Resolution to ESTABLISH a "pilot" program for Open Air Cafes on Atlantic Avenue between 20" and 23'" Streets Voting: 7-4 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, and James 1. Wood Council Members Voting Nay: Margaret 1. Eure, Mayor Meyera E. Oberndorf, Peter W Schmidt and Rosemary Wilson Council Members Absent: None March 23, 2004 ALTERNATIVE VERSION REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX 1 2 3 4 5 6 7 A RESOLUTION ESTABLISHING A PILOT PROGRAM TO ALLOW, ON AN EXPERIMENTAL BASIS, OPEN AIR CAFES ON ATLANTIC AVENUE BETWEEN 20th AND 23rd STREETS WHEREAS, as a means of improving the appearance and 8 pedestrian ambience of the Resort Area and to provide a public 9 amenity for the benefit of residents and tourists visiting the 10 Resort Area, the City of Virginia Beach allows outdoor cafes on 11 public property facing the Boardwalk, in connector parks, on 12 side streets between Atlantic and Pacific Avenues, and on a 13 portion of Atlantic Avenue; and 14 WHEREAS, the open air cafe program has been highly 15 successful in achieving its objectives; and 16 WHEREAS, under the City's current Open Air Cafe 17 Regulations, sidewalk cafes are not permitted on the public 18 sidewalk of Atlantic Avenue between 15th and 24th Streets; and 19 WHEREAS, it is the sense of the City Council that the open 20 air cafe program should be evaluated for the advisability of 21 allowing open air cafes, on an experimental basis, on the west 22 side of Atlantic Avenue between 20th and 23rd Streets, as a means 23 of enhancing the quality of the dining experience and general 24 pedestrian environment on the west side of Atlantic Avenue; and 25 WHEREAS, it is also the sense of the City Council that, 26 because of the especially heavy amount of pedestrian traffic on 27 the west side of Atlantic Avenue, any open air cafes allowed in 28 that area must be subj ect to even more stringent regulations 29 than are open air cafes in other locations; 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE 31 CITY OF VIRGINIA BEACH, VIRGINIA, 32 FIRST: 33 That there is hereby established a pilot program to allow, 34 on an experimental basis, open air cafes to be located on the 35 west side of Atlantic Avenue between 20th and 23rd Streets during 36 the Resort Season. Under such pilot program, the City shall 37 allow two (2) franchises authorizing the operation, between May 38 1, 2004 and September 30, 2004, of open air cafes in that area 39 under strict conditions designed to allow the City Council to 40 evaluate (1) the effects of such cafes, (2) the regulations 41 applicable to such open air cafes, and (3) the advisability of 42 continuing such program on an expanded basis; 43 SECOND: 44 That the aforesaid open air cafes shall be subject to all 45 applicable Resort Open Air Cafe Regulations pertaining to 46 Atlantic Avenue Sidewalk (Category C) Cafes, and in addition 47 thereto, the aforesaid franchises shall provide that the 2 48 franchisee consents to the following additional provisions, 49 which shall control in the event of a conflict with one or more 50 Resort Open Air Cafe Regulations: 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 1. Alcoholic beverages shall only be served with meals, and only in unbreakable drinkware; 2. The operator shall not permit persons other than patrons or employees of the establishment to enter the franchised area or to congregate therein, other than at tables provided by the establishment 3 . In the event a duly authorized public safety official of the City determines, in his or her sole discretion, that the open air cafe should be closed earlier than the normal closing time for reasons of crowd control, unruly behavior either within the establishment or in nearby areas or for other reasons related to preservation of public safety or public order, the operator shall close the open air cafe immediately or at such later time as directed by the public safety official, and the failure or refusal of any person to comply with such order shall be punishable as a misdemeanor; 4, A menu or bill of fare offered by the establishment shall be provided to the City Manager or his designee, and the open air cafe may remain open only so 3 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 long as all regular menu items served by the establishment are available to patrons; 5 . All tables and chairs shall be removed from the franchised area upon the close of business each day and stored inside the establishment, and the operator shall not permit the franchised area to be used for storage of furniture or equipment or for any purpose other than as an open air cafe; 6 . The operator shall not allow persons awaiting entry into the establishment or open air cafe to form lines on the sidewalk, but shall admit patrons only from the inside of the establishment; 7. The operator shall strictly comply with all fire, building, zoning, alcoholic beverage control, or health regulations in the operation of the open air cafe and remainder of the establishment; 8. The franchise may be revoked by the Ci~y Manager whenever the City Manager determines that (1) the owner or operator of the establishment has been found guilty of a criminal offense arising from the operation of the establishment; (2) the owner or operator has been assessed a civil penalty for violation of any fire, building, zoning, alcoholic beverage control, or health regulation 4 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 arising from the operation of the establishment; (3) the presence of the open air cafe is causing or contributing to a deterioration of the quality of the pedestrian experience or general environment in the area; (4) the open air cafe is in violation of any material term of its franchise or Resort Open Air Cafe Regulations; or (5) the operator has failed to comply with an order of a public safety official of the City directing that the open air cafe be closed pursuant to Paragraph (3) of the Second Section of this Resolution. In addition thereto, the City Manager may suspend the owner or operator's privilege to operate the open air cafe under the franchise pending a final disposition of any criminal charge, alcoholic beverage control violation, or civil infraction arising from the operation of the establishment; and That upon revocation or suspension of a franchise 9. the City Manager, the owner or operator shall by immediately cease operation of the open air cafe and shall remove all tables, chairs and other items located on City property within twenty-four (24) hours of the revocation or suspension. The failure of the owner or operator to comply with the order of the City Manager revoking or suspending a franchise shall be punishable as a misdemeanor. In 5 117 118 119 120 addition thereto, the City Manager shall be authorized to remove or contract for the removal of any tables, chairs, barriers and other items encroaching upon City property and charge the costs thereof to the owner or operator, which 121 costs may be collected as real estate taxes are collected; 122 THIRD: 123 That the City Manager is hereby authorized to accept 124 proposals for open air cafe franchises for the area between 20th 125 and 23rd Streets, and of those received, shall select, for 126 presentation to the City Council, the two proposals which in his 127 opinion best promote the objectives of this pilot program; 128 FOURTH: 129 That by no later than November 30, 2004, the City Manager 130 shall provide to the City Council a written evaluation of the 131 pilot program and his recommendations concerning the 132 continuation, expansion or termination of the pilot program; and 133 FIFTH: 134 135 That in determining whether an expansion of the pilot program is warranted, the City Council shall consider all 13 6 relevant factors pertaining to the obj ecti ves of the City in 137 allowing open air cafes, including, without limitation, the 138 quality of menu offerings, table service, appearance and general 139 caliber of the establishments desiring to operate open air cafes 6 140 and the degree to which such establishments are likely to 141 provide a desirable public amenity which enhances the appearance 142 and pedestrian experience on the west side of Atlantic Avenue. 143 144 Adopted by the Council of the City of Virginia Beach, 145 Virginia, on the 23rd day of March 2004, CA- 9163 OID\ordres\openaircafeordinALT.doc R-3 March 23, 2004 7 - 60- Item V-M.4.a.b. ORDINANCES/RESOLUTIONS ITEM # 52417 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt. City Council ADOPTED: Resolutions REQUESTING the Virginia Department of Transportation (VDOT): ACCEPT 40.18 lane miles of additional streets ACCEPT corrections and deletions to the revised road inventory for urban maintenance 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" Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 23, 2004 ._----"_._------_.~'_.__. A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT 40.18 LANE MILES OF ADDITIONAL STREETS FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a City Council resolution prior to accepting additional streets for urban maintenance payments; WHEREAS, the 40.18 lane miles streets listed on Exhibit A (attached) have been constructed in accordance with standards established by the Virginia Department of Transportation; WHEREAS, the City of Virginia Beach has accepted and agreed to maintain these streets; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the streets listed on Exhibit A,attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of March , 2004. Approved as to Content: P~I2fJj. [h~ ublic Works Approved as to Legal Sufficiency: ~C~.rt City ttorn~ A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation requires a City Council resolution prior to accepting corrections or deletions to the revised road inventory for urban maintenance payments; WHEREAS, City personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; WHEREAS, corrections to the revised road inventory have been made as shown on Exhibit A (attached); resulting in a net increase of 6.66 lane miles, and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby requests the Virginia Department of Transportation to accept the corrections listed on Exhibit A, attached hereto and incorporated by reference, and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Virginia, Adopted on the by the 23rd Council of the City day of March of Virginia Beach, , 2004. 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NO ACTION ITEM 1. RONALD C. AND DONNA G. RIPLEY PLANNING 1. F. DONALD REID 2. OCEAN BAY HOMES, L.L.c. 3. ROBERT W. AND MARIA L. KANIA 4. VA-CAR DEVELOPMENT, L.L.c. 5. JOHN L. WILLIAMS and ELLEN LANE WADSWORTH - 61- ITEM # 52418 6. VIRGINIA BEACH TRA VEL SOCCER, INC., a Virginia Corporation TIA BEACH FC 7. JEFFREY K. FRANCIS, INC. 8. OMNIPOINT (T-Mobile) 9. KRAMER RED MILL #20, L.L.c. 10. ALCAR, L.L.c. VARIANCE RECONSIDERATION: CONDITIONAL CHANGE OF ZONING VARIANCE CONDITIONAL USE PERMIT NONCONFORMING USE STREET CLOSURE VARIANCE CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING CONDITIONAL USE PERMIT March 23. 2004 - 62- Item V-N.I. ITEM # 52419 NO ACTION NECESSARY: Petition of RONALD C. and DONNA G. RIPLEY for a Variance to 0' 4.4(b) that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) at 4101 White Acres Road. (DISTRICT 4- BAYSIDE) Due to an advertising error prior to the Planning Commission meeting, this application has been rescheduled for the Planning Commission's April 14, 2004 Public Hearing, after which it will be rescheduled for City Council. March 23,2004 - 63- Item V-O.l. PLANNING ITEM # 52420 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 2, 3, 5, 6, 7 (DEFERRED), and 8 of the PLANNING BY CONSENT AGENDA. Item 7 (JEFFREY K. FRANCIS, INC.) was DEFERRED, BY CONSENT, until the City Council Session of April 27, 2004. 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 March 23,2004 - 64- Item V-L.1. PLANNING ITEM # 52421 The following spoke in SUPPORT: Attorney Eddie Bourdon, Pembroke One Building, 5" Floor, Phone: 499-8971 represented the applicant, F. Donald Reid and Harry A. Potter, owner of the 51- ~ acre parcel subject of the Conditional Zoning (North Landing Estates). Attorney Bourdon wished his remarks, questions and responses be referenced from both the December 2, 2003, and February 10, 2004, City Council Sessions. This application consists 0[45 lots to be comprised of$400, 000 to $600,000 homes. Over 60% of the land area will remain as wooded community open space. These applications commenced two (2) years ago in March 2002. W. J. Lee, 357 Indian River Road, Phone: 427-6404, adjacent resident, requested equitable solutionsforall. 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-~ miles southwest of Ocean a and 3 miles north of Fentress Air Field in the 70 to 75 decibel day/night average noise zone (AICUZ). The site is directly aligned to Runway 5, one of the busiest runways. These residents will experience a high single event noise level. Captain Keeley suggested this application be DEFERRED and considered under the City's Agricultural Reserve Program Jay Taylor, 516 Oak Grove Road, Norfolk23505, Phone: 423-8855, represented Wet/ands Watch, dedicated to the preservation ofWet/ands in Hampton Roads, and requested DENIAL or DEFERRAL pending receipt of a validated Wet/ands delineation Herb Jones, 2323 Sandpiper Road, r~(erenced the Comprehensive Plan which states "developments must be environmentally sensitive in every aspect especially with regard to storm water management and ImpervIOUS cover Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY to allow completion of the Joint Land Use Study (JLUS): RECONSIDERATION of the Ordinances upon application of F. DONALD REID for a Conditional Change of Zoning District Classification, Variance to 3 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 (Approved by City Council: 2/10/04) 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 (GPlN 1483386300). DISTRICT 7 - PRINCESS ANNE March 23, 2004 - 65- Item V-L.1. PLANNING ITEM # 52421 (Continued) 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 Ordinance upon Application ofF. Donald Reidfor a Chanf!e ofZoninll District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-20 Residential District on property located at 3592 Indian River Road (GPIN 1483386300). The Comprehensive Plan recommends use of this property for appropriate growth opportunities consistent with the City Council's economic vitality policy. DISTRICT 7 - PRINCESS ANNE AND, ORDINANCE UPON APPLICATION OF F. DONALD REID FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION R020431159 Ordinance upon Application ofF. Donald Reid for a Conditional Use Permitfor Open Space Promotion on property located at 3592 Indian River Road (GPIN 1483386300). DISTRICT 7 - PRINCESS ANNE Voting: 9-1 Council Members Voting Aye: Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: Harry E. Diezel Council Members Absent: Richard A. Maddox This item was considered after Item V-O.9 (KRAMER RED MILL #20 L.L.c.) Due to illness, Councilman Maddox left at 7:58 P.M. March 23, 2004 - 66- Item V-O.2. PLANNING ITEM # 52422 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED a Resolution approving the application of OCEAN BA Y HOMES, L.L. C. for a nonconforminf! use to replace two (2) existing multifamily structures with two (2) single family residential structures at 305 26" Street: Application of Ocean Bay Homes, L.L. C. for a Nonconforminf! Use on property located at 305 26" Street (GPIN 24280054810000). DISTRICT 6 - BEACH Thefollowing conditions shall be required: I. Development on this site shall be limited to two single-family dwellings as shown on the site plan entitled "Preliminary Site Plan of 305 and 305A 26th Street" prepared by WPL Civil Engineering and dated January 2, 2004. 2. The single-family dwellings shall be constructed in substantial conformance with the architectural elevations entitled "Preliminary Architectural Elevations of 305 26th Street and 305A 26thl/2 Street" prepared by WPL Civil Engineering and dated January 2, 2004. 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 March 23, 2004 1 2 3 A RESOLUTION AUTHORIZING THE CONVERSION OF A NONCONFORMING USE ON PROPERTY OF OCEAN BAY HOMES, L.L.C. LOCATED AT 305 26TH STREET 4 WHEREAS, Ocean Bay Homes, L.L.C. (hereinafter the 5 "Applicant") has made application to the City Council for 6 authorization to convert a nonconforming use situated on 7 certain property having the address of 305 26th Street, in the 8 RT-3 Resort Tourist District, to another use; and 9 WHEREAS, more particularly, the Applicant desires to 10 replace two nonconforming multifamily dwellings, containing a 11 total of five dwelling units, with two single-family dwellings 12 to be constructed upon the property; and 13 WHEREAS, the said multifamily dwellings are 14 nonconforming uses in that multifamily dwellings in the RT-3 15 Resort Tourist District are allowed under current zoning 16 regulations only on lots having at least 20,000 square feet of 17 area, and the subject lot contains only 7,000 square feet; and 18 WHEREAS, pursuant to Section 105 of the City Zoning 19 Ordinance, the conversion of a nonconforming use to another use 20 is permitted only upon resolution of the Ci ty Council 21 authorizing such action upon a finding that the proposed use 22 will be equally appropriate or more appropriate to the zoning 23 district than the existing use; 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 25 CITY OF VIRGINIA BEACH, VIRGINIA: 26 That the City Council hereby finds that the proposed 27 structure, as replaced, will be equally appropriate to the 28 district as is the existing structure. 29 BE IT FURTHER RESOVLED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: 31 That the proposed replacement of the current 32 nonconforming multifamily dwellings is hereby authorized, upon 33 the following conditions: 34 35 36 37 38 39 40 41 42 1. The development of the site shall be limited to two single-family dwellings, as shown on the site plan entitled "Preliminary Site Plan of 305 and 305A 26th Street" prepared by WPL Civil Engineering and dated January 2, 2004. 2. The single-family dwellings shall be constructed in substantial conformity with the architectural elevations entitled "Preliminary Architectural Elevations of 305 26ili Street and 305A 26th ~ Street" prepared by WPL Civil Engineering and dated January 2, 2004. 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 23rd day of March ,2004. 3 CA-9149 OID/ordres/oceanbayres.doc R-l March 5, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: cg;~&/1tJ 4 - 67- Item V-O.3. PLANNING ITEM # 52423 Upon motion hy Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of ROBERT W. and MARIA L. KANIA re discontinuance. closure and abandonment of a portion of an Alley adjacent to Lot 15. Block 22, Croatan: Ordinance upon application of Robert W. & Maria L. Kania for the discontinuance, closure and abandonment of a portion of an alley located adjacent to Lot 15, Block 22, South Atlantic Avenue. The property is located 150 feetfrom the north side of Croatan Road and runs 50 feet in a northerly direction. DISTRICT 6- BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant is required to verifY that no private utilities exist within the right-oFway proposedfor closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-or- way proposed for closure. If private utilities do exist. easements satisfactory to the utility company, must be provided. 4. Closure of the right-or-way shall be contingent upon compliance with the above stated conditions within 365 days (March 22, 2005) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-or-way, this approval shall be considered null and void. March 23,2004 - 68- Item V-O.3. PLANNING ITEM # 52423 (Continued) Voting: J J -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 March 23,2004 2 3 4 ORDINANCE NO. 5 6 7 8 IN THE MATTER OF CLOSING, VACATING AND 9 DISCONTINUING A PORTION OF THAT CERTAIN 10 15' ALLEY TO BE CLOSED (AREA TO BE CLOSED = 11 375 SQ. FT. (SHADED)) AS SHOWN ON THAT 12 CERTAIN PLAT ENTITLED: "PLAN FOR PROPOSED 13 STREET CLOSURE, LOT 15, BLOCK 22, CROAT,'\N 14 BEACH, VIRGINIA BEACH, VIRGINIA" IS 16 17 WHEREAS, ROBERT W. KANIA and MARIA L. KANIA applied to the 18 Council of the City of Virginia Beach, Virginia, to have the hereinafter described street 19 discontinued, closed, and vacated; and 20 WHEREAS, it is the judgment of the Council that said street be discontinued, 21 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 22 City Council's adoption of this Ordinance; 23 24 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 25 Beach, Virginia: 26 27 SECTION I 28 29 That the hereinafter described street be discontinued, closed and vacated, subject 30 to certain conditions being met on or before one (1) year from City Council's adoption of this 31 ordinance: 32 All that certain piece or parcel of land situate, lying and being in 33 the City of Virginia Beach, Virginia, designated and described as 34 "AREA TO BE CLOSED = 375 SQ. FT. (shaded)" shown as the 35 36 GPIN: 2426-39-5362,2426-39-6228,2426-39-5388 and 2426-39-4360. 37 1 37 shaded area on that certain plat entitled: "PLAN FOR 38 PROPOSED STREET CLOSURE, LOT 15, BLOCK 22, 39 COATAN BEACH, MB 24, P. 37, VIRGINIA BEACH, 40 VIRGINIA" Scale: 1"= 20', dated 6 November 2003, prepared by 41 Bonifant Land Surveys, a copy of which is attached hereto as 42 Exhibit A. 43 44 SECTION II 45 46 The following conditions must be met on or before one (I) year from City 47 Council's adoption of this ordinance: 48 1. The City Attorney's Office will make the final determination regarding 49 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 50 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 51 Closures," approved by City Council. Copies of said policy are available in the Planning 52 Department. 53 2. The applicant shall resubdivide the property and vacate internal lot lines to 54 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 55 and approved for recordation prior to final street closure approval. 56 3. The applicant shall verify that no private utilities exist within the right-of-way 57 proposed for closure. Preliminary comments from the utility companies indicate that there are 58 no private utilities within the right-of-way proposed for closure. If private utilities do exist, the 59 applicant shall provide easements satisfactory to the utility companies. 60 4. Closure of the right-of-way shall be contingent upon compliance with the 6] above stated conditions within one year of approval by City Council. If all conditions noted 62 above are not in compliance and the final plat is not approved within one year of the City 63 Council vote to close the street, this approval will be considered null and void. 64 65 2 65 66 SECTION III 67 1. If the preceding conditions are not fulfilled on or before March 22, 2005, 68 this Ordinance will be deemed null and void without further action by the City Council. 69 2. If all conditions are met on or before March 22, 2005, the date of final 70 closure is the date the street closure ordinance is recorded by the City Attorney. 71 3. In the event the City of Virginia Beach has any interest in the underlying 72 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 73 may be requested to convey such interest, provided said documents are approved by the City 74 Attorney's Office. 75 SECTION IV 76 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 77 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 78 VIRGINIA BEACH as "Grantor" and ROBERT W. KANIA and MARIA L. KANIA as 79 "Grantee." 80 Adopted by the Council of the City of Virginia Beach, Virginia, on this23rd day 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 of March ,2004. CA-9048 Date February 23, 2004 APPROVED AS TO CONTENT: ~ ~'~~'Of Planni~partment APPROVED AS TO LEGAL SUFFICIENCY: ~ S-~ &-?/~~ ~ '~ City Attorney 3 This is'to certifY that I on ~ ,.Joy. 'lDP3, , surveyed the property shown on this pr.~~~l! title Iirie. and the walls h~th~ hl1i!n;ng< .r~ .<[shown on this plat. ;;f~fch, ctly withm the title lmes and there are no encroachments oC~j- buildings on ~ roptrty except as shown. .2. irf:~,;-~,.' _ _ :"~~-Jt_1 2426-39-4360 ~~' hAltoRltAm ~t.. . I Thomas V Joynt, Jc ..."l 1nI.~.., ~ 7 J I I DB, 4/74 P /271 ~ 1254 . :p" ' fence !typ) "!{;. "':\>-, , ..$:,,-- '" .,..,,"., -' 'Il:~f!'::""_" , ,'~C" ~:~'<~:~~;~'.~~~.f{~.;f . '..: "--if,;, ",. 4"'.,< '.' tt>'p$:'''WJ.''1' '.,'?~ .. ~,", '," ',.w' P' (P) "it "',l'f'ci "iN. " ~~~ In ""n " "3" Pin(p) Wood fence." "'Area to be closed: 375 sq ft (shaded) "/4n 2426, 39 . 6228 George F? Kota,.;d~s, Jr. DB, 4472 P 1396 "15H c- 2426-39 '5388 David P Shively DB. 3961 P 204 s c C ~ c c Q <: ~ "t o 0::: U 00 ". 00 ". <) 00 Q) -,-' en Iu '" ". IC) .. <) 1'6 '" r - c:s ,0::: 150' Pin(P} 50.0' S 04014' /5'E PJn(F} SOUTH ATLANTIC AVE, PLAN FOR PROPOSE/) STREET CLOSURE LOT 15 BLOCK 22 CROATAN BEACH EXHIBIT A ( 50') M8. 24 P 37 VIRGINIA BEACH, VIRGINIA SCALE ,-, 20' 6 NOVEMBER 2003 MADE FOR Mario L. Konia ont Land Surveys f-t) Box 6385 VirgInia Beach. Va 23456 426. 336' .This property appears to lie within Flood Z. one X os shown on Pone I 33 of /09 CommunUy No. 5/5531 E Index. dated 5 December 1996 -. ".""~---..,.---...'~_'- Fa /43 P 20 - 69- Item V-O.4. PLANNING ITEM # 52424 Attorney Eddie Bourdon, Pembroke One Building, 5" Floor, Phone: 499-8971 represented the applicant, and advised this is an assemblage of four (4) pieces of property on Salem Road, 28 lots clustered on the property (one (1) unit per acre) with over 50% preserved as Open Space. This property is three (3) miles from Fentress Air Field and not near a crash zone. Captain Tom Keeley, Commanding Officer - Naval Air Station Oceana, 1750 Tomcat Boulevard, Phone 433-3158, Phone: 433-2922, advised the issue is encroachment upon the ability to safely operate at NAS Oceana and the Naval Auxiliary Landing Field at Fentress. Captain Keeley requested DEFERRAL until completion of the .foint Land Use Study (.fLUS) or DENIAL. Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY (to allow completion of the .faint Land Use Study (.fLUS)) applications of VA-CAR DEVELOPMENT, L.L.c. for a Variance to:,I" 4.4 (b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO), a Conditional Change of Zoning District Classification and a Conditional Use Permit: Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivisionfor VA.-CAR Development, L.L.C Property is located on the east side of Salem Road, approximately 700 feet south of North LandstownRoad (GPIN 14843196640000; 14843089940000; 148440285400(0). DISTRICT 7- PRINCESS ANNE ORDINANCE UPON APPLICATION OF VA.-CAR DEVELOPMENT, L.L.C FORA CHANGE OF ZONING DISTRICTCLASSIFICATION FROM AG-l AND AG-2 TO CONDITIONAL R-20 Ordinance upon Application of VA.-CAR Development, L.L. C for a Chanf!e of Zoninf! District Classification from AG-l and AG-2 Agricultural Districts to Conditional R-20 Residential District on the east side of Salem Road, approximately 700feet south of North Landstown Road (GPIN 14843196640000; 14843089940000; 148440285400(0). DISTRICT 7 - PRINCESS ANNE ORDINANCE UPON APPLICATION OF VA.-CAR DEVELOPMENT, L.L.C FOR A CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Ordinance upon Application of VA.-CAR Development, L.L.Cfor a Conditional Use Permit Jor Open Space Promotion on the east side of Salem Road, approximate(y 700Jeet south oJNorth Landstown Road (GPIN 14843196640000; 14843089940000; 148440285400(0). DISTRICT 7 - PRINCESS ANNE March 23,2004 - 70- Item V-O.4. PLANNING ITEM # 52424 (Continued) Voting: 9-1 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Harry E. Diezel Council Members Absent: Richard A. Maddox Due to illness, Councilman Maddox left at 7:58 P.M. March 23, 2004 - 71 - Item V-O.5. PLANNING ITEM # 52425 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED the Petitionfor a Variance to ,9 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO)for JOHN L. WILLIAMS AND ELLEN LANE WADSWORTH Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John L. Williams and Ellen Lane Wadsworth. Property is located on the west side o{Princess Anne Road, 1034 feet north of Pleasant Ridge Road (GPIN 24026353480000- part of). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: I The property shall be subdivided substantially as shown on the plat entitled, "Subdivision of Residual Property E, Property of R. Ellen Wadsworth Et Als" dated October 9, 2003 by Midgette & associates, P. C. 2. The width and surface material for the driveway serving Lot F shall be subject to approval by the Fire Department. 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 March 23, 2004 - 72- Item V-O.6. PLANNING ITEM # 52426 Captain Tom Keeley, Commanding Officer - NAS Oceana, Phone: 433-292, advised support as this use is compatible with Oceana 's new Instructions since this is for recreational purposes. Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH TRA VEL SOCCER, INC., a Virginia Corporation TIA BEACH FC for a Conditional Use Permit: ORDINANCE UPON APPLICATIONOF VIRGINIA BEACHTRA VEL SOCCER, INC., A VIRGINIA CORPORATION TIA BEACH FC FOR A CONDITIONAL USE PERMIT FORA RECREATIONAL FACILITY OF AN OUTDOOR NA TURE (SOCCER FIELDS) R030431166 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Virginia Beach Travel Soccer, Inc., a Virginia Corporation TIA Beach FC for a Conditional Use Permit for a recreational facility of an outdoor nature (soccer fields) on property located on the south side of Shipps Corner Road, east of Holland Road (GPIN 14953733290000). DISTRICT 6- BEACH The following conditions shall be required: 1. The applicant shall request a variance from the Chesapeake Bay Preservation Area Board if the Planning Director or his designee determines that this is required. 2. Thefields shall be used only for practices and notfor any other event that would draw spectators. No bleachers or spectator seating is permitted on the property. 3. A right-of way reservation shall be provided along Shipps Corner Road as requiredfor the Shipps Corner Road Bridge Replacement plan CIP 2-174 and as called for in the Master Transportation Plan. 4. Right andlor lefi turn lanes shall be constructed on Shipps Corner Road !( Public Works Traffic Engineering determines that they are required during the detailed plan review process. 5. Any outdoor lightingfixtures shall be no higher than fourteen (14) feet and shall be directed downward and shielded to direct light and glare onto the premises and away from adjoining properties. March 23, 2004 - 73- Item V-O.6. PLANNING lTEM # 52426 (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 Twenty-third of March, 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 March 23,2004 - 74- Item V-O.7. PLANNING ITEM # 52427 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council DEFERRED to the City Council Session of April 27, 2004, Ordinance upon application of JEFFREY K. FRANCIS, INC.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JEFFREY K. FRANCIS, INe. FOR A CONDITIONAL USE PERMIT FOR AN OFF-SITE PARKING LOT Ordinance upon Application of Jeffrey K. Francis, Inc. for a Conditional Use Permitfor an off-site parking lot on property located at 2149 Vista Circle (GPIN 14898893040000). DISTRICT 5 - LYNNHAVEN 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 March 23, 2004 - 75- Item V-O.8. PLANNING ITEM # 52428 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinance upon application of OMNIPOINT (T-MOBILE) for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OMNIPOINT (T-MOBILE) FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER R03043II67 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Omnipoint (T-Mobile) for a Conditional Use Permit for a communications tower on the east side of North Great Neck Road, approximately 240 feet north of Plantation Road (GPIN 24070834320000). DISTRICT 5- L YNNHA VEN The following conditions shall be required: I. The project shall be developed as a single antenna extension not to exceed ten (10) feet above the existing transmission tower as indicated on the submitted site plan entitled "VEPCO - VIRGINIA BEACH, VA - I 0445A, North Great Neck Road, Virginia Beach, VA 23454, " prepared by MAX Engineering, L.L.c., dated November 14,2003, and the associated plans and drawings submitted with the Conditional Use Permit application. These plans have been exhibited to City Council and are on file in the Planning Department. 2 In addition to the landscaping depicted on the plan identified in Condition #1 above, a row of evergreen shrubs, reaching a minimum height of eight (8) to ten (10) feet at maturity, shall be installed parallel to and the entire length of the ;rontage of North Great Neck Road (other than where access will be provided), avoiding the eight (8) foot wide utility easement identified on the plan. A landscaain!! alan deaictin!! these alantin!!s shall be submitted to the Director of Plannin!! or his desi!!nee for review ant!. aaaroval arior to alantin!!. 3. The overall height of the proposed tower extension with a seven (7) foot antenna shall not exceed eighty (80) feet. 4. The existing stand of trees located on the site, as well as the existing vegetation in the Resource Protection Area, shall not be disturbed and shall be noted as such on the final site plan. The silt fence shall be repositioned, other than the staging area, on the site to be placed no farther than ten (10) feet, in any direction, from the 25-[00t by 25-[00t lease area and the access road identified on the said plan. March 23, 2004 - 76- Item V-O.8. PLANNING ITEM # 52428 (Continued) 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City emergency communications facilities arises from the user of this tower, the user shall take all measures reasonably necessary to correct and eliminate the interference. If the inteiference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7. Should the antenna cease to be used for a period of more than one (I) year, the applicant shall remove the antenna and related equipment. 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 Twenty-third of March, Two Thousand Four Voting: I I -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 March 23, 2004 - 77- Item V-O.9. PLANNING ITEM # 52429 Attorney Warren Tisdale, 611 East Mowbray Court, Norfolk (757) 628-5556, represented the applicant and withdrew the request for Sunday hours of operation and concurred with the addition of an I ]'h condition Mario Rosales, 1321 Warner Hall Drive, Phone: 427-1596, President - Red Mill Farm Civic League, expressed appreciation as South Shore Estates and Red Mill Farm were able to reach an agreement with the applicant concerning conditions Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of KRAMER RED MILL #20, L.L. c.: ORDINANCE UPON APPLICA TION OF KRAMER RED MILL #20, L.L.C. FOR A CONDITIONAL USE PERMIT R03043II68 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Kramer Red Mill #20, L.L. C. for a Conditional Use Permit for an automobile repair establishment on property located on the south side of Nimmo Parkway, approximately 291.77 feet east of Upton Drive (GPIN 24144518240000). DISTRICT 7 -PRINCESS ANNE The following conditions shall be required: I. The site shall be developed in substantial accordance with the site plan entitled "Kramer Tire Red Mill, " dated January 10, 2004, and prepared by Boundary First, P. C. A copy of this site plan has been exhibited to City Council and is on file in the Planning Department. 2. The building shall be developed in substantial accordance with the architectural elevations entitled "Kramer Tire Red Mill Commons" and prepared by Ansell Collins Associates. A copy of the elevations has been exhibited to City Council and is on file in the Planning Department. 3. No outdoor vending machines, ice boxes or display of merchandise shall be allowed. 4. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall nor any neon signs or accents shall be permitted in or on the windows and/or doors of the building. 5. All rooftop equipment, such as heating, ventilation and air conditioning units, shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. March 23, 2004 - 78- Item V-D. 9. PLANNING ITEM # 52429 (Continued) 6. The trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 7. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lightingplan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Police Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. All lighting shall be directed inward and downward within the site so as to eliminate glare onto adjacent properties and rights-ol-ways. 8. No outdoor storage of auto parts or tires is permitted. All work must be performed within the building. Garage doors facing the east side of the site must remain closed at all times, except for vehicles entering and exiting the building. 9. Hours of operation will be 7:30 a.m. to 7:00 p.m., Monday through Saturday. 10. Vehicles being dropped off for repair shall be parked in a clearly marked and signed area in front of the building (west side of site). ll. On the east side of the solid wall, a star!l!ered line of mixed vef!etation, consistinf! of Levland cvvress and other native-occurrinf! deciduous trees, shall be vlanted. 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 Twenty-third of March, Two Thousand Four March 23, 2004 - 79- Item V-O.9. PLANNING ITEM # 52429 (Continued) Voting: 8-0 Council Members Voting Aye: Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel and Rosemary Wilson Council Members Absent: Richard A. Maddox Councilman Diezel ABSTAINED as he was not in attendance during the discussion of the application. Council Lady Wilson DISCLOSED and ABSTAINED Pursuant to Conflict of Interests Act:,' 2.2-3115 (E) her husband is a principal in the accountingfirm of Goodman and Company and earns compensation which exceeds $10,000.00 annually. Goodman and Company provides services to Lakeside Construction Corporation. Lakeside Construction Corporation owns the property relative the Kramer Red Mill #20 L.L. C 's application. Council Lady Wilson's husband personally provides services to Lakeside Construction Corporation. Council Lady Wilson's letter of March 9, 2004, is hereby made a part of the record. This item was considered before Item V-O.l (RECONSIDERATION: F. DONALD REID) Due to illness, Councilman Maddox left at 7:58 P.M. March 23,2004 - 80- Item V-O.IO. PLANNING ITEM # 52430 Attorney Eddie Bourdon, Pembroke One Building, 5'h Floor, Phone: 499-8971 represented the applicant, and noted the attendance of Joe Bushey of Clark Nexsen, Douglas Talbot and Alan S. Resh, re the application for in fill development (Nimmo's Quay) of no more than 132 high end single-family homes located on 112 acres of land, 73 of which are developable land. The proposed density is no more than 1.8 units per developable acre. This development is surrounded by 6 existing residential neighborhoods. The applicant has agreed to construct two (2) lanes of Nimmo Parkway from the Fire station all the way to this property at a cost of approximately $900,000. Sewer and water, at no cost to the city, will be provided. Douglas Talbot, advised the areas of the wetlands and floodplains have been designed. Under thirty (30) homes are located in the 70 to 75 decibel area. Copies of a map indicating the decibel areas were distributed to City Council. The following registered in OPPOSITION: Captain Tom Keeley, Commanding Officer - Naval Air Station Oceana, 1750 Tomcat Boulevard, Phone 433-3158, Phone: 433-2922, advised this development lies within 3 miles of Ocean a andfalls underneath the AICUZ map adopted by the Navy and the City. The issue is encroachment and Oceana is the number one encroached upon installation in the Department of Defense. Single event noise will be louder in this neighborhood which lies directly beneath the departure corridor to major Runway 23. Rear Admiral S.A. Turcotte, u.s. Navy, Commander - Navy Region Mid-Atlantic, advised this application may appear as a ''pebble ", but if one considers the impact of several pebbles (which are under consideration), it becomes a bolder. All of these will be examined under the Joint Land Use Study, what areas should be or should not be developed. Upon motion by Councilman Reeve, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY to allow completion of the Joint Land Use Study (JLUS) applications Ordinances upon application ofALCAR, L.L.C.for a Conditional Change of Zoning and Conditional Use Permit: ORDINANCE UPON APPLICATION OF ALCAR, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-10 Ordinance upon Application of ALCAR, L.L. C. for a Chanr!e of Zoninr! District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-JO Residential District on the north side of Nimmo Parkway (unimproved), west of Rockingchair Lane (GPIN 2404573796,' 2404564943; 2404371633). The Comprehensive Plan recommends use of this parcel for residential uses at or below 3.5 dwelling units per acre. The Comprehensive Plan also identifies the site as a Conservation Area where land-disturbing activities should be avoided, mitigated or, under certain conditions, prohibited. DISTRICT 7 - PRINCESS ANNE AND, March 23, 2004 - 81- Item V-O.IO. PLANNING ITEM # 52430 (Continued) ORDINANCE UPON APPLICATION OF ALCAR, L.L. C. FORA CONDITIONAL USE PERMIT FOR OPEN SPACE PROMOTION Ordinance upon Application of ALCAR, L.L. C. for a Conditional Use Permit for Open Space Promotion on the north side (J{Nimmo Parkway (unimproved), west of Rockingchair Lane (GPIN 2404573796; 2404564943; 2404371633). DISTRICT 7 -- PRINCESS ANNE Voting: 10-0 Councii Members Voting Aye: Harry E. Diezei, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Viiianueva, Rosemary Wiison and James L. Wood Councii Members Voting Nay: None Councii Members Absent: Richard A. Maddox Due to iUness, Counciiman Maddox left at 7:58 P.M. Councii Lady Wiison DISCLOSED Pursuant to Conflict of Interests Act 0' 2.2-3115 (H) her husband is a principal in the accounting firm of Goodman and Company and earns compensation which exceeds $10,000.00 annuaiiy. Goodman and Company provides services to ALCAR, L.L.C. Her husband does not personaiiy provide services to ALCAR, L.L. C. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personaiiy provide services to ALCAR, L.L.c., she may participate without restriction in City Council's discussion of, and vote on, the ordinance, upon disclosure. Councii Lady Wiison's letter of October 28,2003, is hereby made a part of the record March 23, 2004 - 82- Item V-Po APPOINTMENTS ITEM # 52431 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BOARD OF BUILDING CODE APPEALS - (a)Plumbing/Mechanical (b)Building Maintance HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE-HREDA HISTORICAL REVIEW BOARD OPEN SPACE COMMITTEE PARKS and RECREA TION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD March 23, 2004 - 83- Item V-P.I. APPOINTMENTS ITEM # 52432 Upon NOMINATION by Vice Mayor Jones, City Council: APPOINTED: Joyce Schmidt REAPPOINTED: Terry Jenkins Buddy W. King June H. Robertson Helen P. Shropshire 3 year term 04/01/2004 - 03/31/2007 HEALTH SERVICES ADVISORY BOARD Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, 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: Richard A. Maddox Due to illness, Councilman Maddox left at 7:58 P.M. March 23, 2004 - 84- Item V-P.2. APPOINTMENTS ITEM # 52433 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Donna S. Walker 2 year term 04/01/2004 - 05/31/2006 MINORITY BUSINESS COUNCIL Voting: 10-0 Council Members Voting Aye: Harry E. Diezel. Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, 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: Richard A. Maddox Due to illness, Councilman Maddox left at 7:58 P.M. March 23, 2004 - 85- Item V-P.3. APPOINTMENTS ITEM # 52434 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Michael Cloud Butler Unexpired term plus 3 years thru 12/31/2007 Nelson J. Navarro Unexpired term thru 12/31/2005 Ronnie Sibony Gerrie King West 3 year term 04/01/2004-12/31/2007 RESORT ADVISORY COMMISSION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, 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: Richard A. Maddox Due to illness, Councilman Maddox left at 7:58 P.M. March 23, 2004 - 86- Item V-R.1. NEW BUSINESS ITEM # 52435 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council CANCELLED: City Council Sessions April 6, 2004 Passover May 4, 2004 Councilmanic Election Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, 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: Richard A. Maddox Due to illness, Councilman Maddox left at 7:58 P.M. March 23, 2004 - 87- Item V-Po ADJOURNMENT ITEM # 52436 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 10:10 P.M. Q~___~'__~:L~ Beverly 0. Hooks, CMC Chief Deputy City Clerk 0--(_~ ~h,MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 23, 2004