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HomeMy WebLinkAboutSEPTEMBER 14, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" ¢ �SNIA BF4c, 0 H CITY COUNCIL /'�� M WR MITI.¢Al 0BlP WXIIU Ai-tarn, VIOL MAYOR I OHS R JONES Honore DnIna4 HARRY DBLI kanpmiN Mona 2 ltd ROBER?M OYAE Cemem Ile•Dana I RI.MaOANAN,Rao Hull•Diana 3 RI[IIARUA. MADDOX, Beach-Dlsna6 IIM REEVE,,Princess Anne-Emma 7 CITY HALL BUILDING /1/77/2 R'.SCHMID?,,AI-Large 2401 COURTHOUSE DRIVE RONA VII.LANUEVA,m-Large VIRGINIA BEACH, VIRGINIA 23456-8005 lKJ1FMARYWl60N,Al-Large PHONE_(757)427-4303 .IAMIi51. WOOD,LYnnhavcn-Pishia 5 FAX(757) 426-5669 CITY COUNCIL AGENDA E-MAIL:Clyamlavbgov corn ('IIY MANAGIiR-JAM//SK-SPORE OIIYAlIOHNIiV-ILCIJL/.IJLLGY inl l'/}Irk'-H III?/10/Ni/Y SMI H.MMC 14 September 2004 I. CITY COUNCIL BRIEFING Conference Room - 1:30 PM A. KING NEPTUNE STATUE Nancy A. Creech, President, Neptune Festival II. CITY MANAGER'S BRIEFING A. TREE REMOVAL ORDINANCE Wade Kyle, Waste Management Administrator III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS V. INFORMAL SESSION - Conference Room - 3:00 PM A. CALL TO ORDER—Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION 6:00 PM A. CALL TO ORDER-Mayor Meyera E. Obemdorf B. INVOCATION: Dr. Stanley Sawyer,Pastor All Saints Episcopal 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 September 7, 2004 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. RESOLUTIONS/ORDINANCES 1. Resolutions re design and right-of-way acquisition of Princess Anne Road projects: a. Phase IV Dam Neck Road to Nimno Parkway b. Phase V Holland Road to General Booth Boulevard. 2. Resolution to increase the membership of the HISTORICAL REVIEW BOARD from six (6) to seven(7) members. (Requested by Council Lady Wilson) 3. Ordinance to AUTHORIZE a revised policy to allow PUBLIC COMMENT after the adjournment on non-agenda items. Each speaker will be allowed three (3)minutes and the number of speakers will be limited to ten (10). This new policy will be effective the first meeting in October and each first meeting of the month thereafter for a trial period of six (6) months, and this comment period will not be televised. 4. Ordinance re the LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY: a. ESTABLISH a capital project b. APPROPRIATE $450,000 from Stormwater Management Utility Enterprise fund c. AUTHORIZE cost share agreement with U.S. ARMY CORPS of ENGINEERS 5. Ordinance to AUTHORIZE a temporary encroachment for CHARLIE and CINDY PINCUS to construct and maintain a fence in the City's right-of-way at 621 Bushnell Circle (DISTRICT 5 LYNNHAVEN) 6. Ordinance to ACCEPT and APPROPRIATE $48,000 from the Department of Homeland Security to the Fire Department's FY 2004-05 Operating Budget re four FEMA team members who provided security at the Democratic and Republican National Conventions. J. PLANNING 1. Petition for a Variance to §4.4(b)of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for RICHARD RIGGS to exclude floodplain areas subject to special restrictions from counting towards minimum lot area and width requirements. (DISTRICT 7—PRINCESS ANNE) Recommendation: Staff DENIAL Planning Commission APPROVAL 2. Application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit re a church (expansion) at 2221 Centerville Turnpike (DISTRICT 1 --CENTERVILLE) Recommendation: APPROVAL 3. Applications of HERTZ LOCAL EDITION for Conditional Use Permits: a. Motor vehicle rentals at 3205 Virginia Beach Boulevard (DISTRICT 3—ROSE HALL) b. Motor vehicle rentals at 5476 Virginia Beach Boulevard (DISTRICT 2—KEMPSVILLE) Recommendation: APPROVE BOTH 4. Application of JONATHAN R.KING for Conditional Use Permit re a home occupation (firearm sales) at 224 Gatewood Avenue (DISTRICT 6—BEACH) Recommendation: APPROVAL 5. Application of THOMAS RITCHIE, FINE EDGE LAWN & LAND, INC. for Conditional Use Permit re bulk storage at 400 First Colonial Road (DISTRICT 6—BEACH) Recommendation: APPROVAL 6. Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC), for a Conditional Use Permit re a Facility for the Disabled at West Neck Road and North Landing Road (DISTRICT 7—PRINCESS ANNE) Recommendation: APPROVAL 7. Application of DR JOHNNY'S APPLIANCES for a Modification of Proffers for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B-2 Community Business District (approved by City Council on January 25, 1994), (Harold Dean Flora, Sr. & Mary Ellen Flora) for a sign at 1941 General Booth Boulevard (DISTRICT 7—PRINCESS ANNE) Recommendation: APPROVAL 8. Application of ESI PROPERTIES II, L.L.C. and KAMAREK PROPERTY II, L.L.C.for a Modification of Profers re a Conditional Change of Zoning from 0-2 Office District to I-I Light Industrial District (approved by City Council on July 9, 1996), (Electronic Systems, Inc.) re a reduction in square footage at Expressway Drive and Edwin Drive (DISTRICT 3 —ROSE HALL) Recommendation: APPROVAL 9. Application of WOMACK CHAPPELL,L.L.C. f/k/a Linda T.Chappell for aModification of Conditions re Conditional Change of Zoning from AG-1 Agricultural District to I-1 Light Industrial District(approved by City Council on May 14,2002),(Linda T.Chappell)re the side yard setback up to London Bridge Road at 2599 Dam Neck Road (DISTRICT 6—BEACH) Recommendation: APPROVAL K. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 09/14/04/BLE ..,,w vhgo.con„ C a s MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia September 14, 2004 Vice Mayor Louis R.Jones called to order the Briefing re KING NEPTUNE STATUE in the Council Conference Room, City Hall, on Tuesday, September 14, 2009, at 1:30 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L Wood Council Members Absent: Mayor Meyera E. Oberndorf [Entered: 1:38 P.M., en route from speaking engagement, Princess Anne Women's Club] Jim Reeve [Entered; 7:50 P.M] - 2- CITY MANAGER 'S BRIEFING KING NEPTUNE FESTIVAL 7:30 P.M. ITEM#52970 Nancy Creech,President-Neptune Festival, advised several years ago when the Twenty-fourth Street Park was being planned and executed Van Cunningham, King NeptuneXlll,suggested a statue of King Neptune be erected. Unfortunately, the Park was too small and the idea never became a reality. With the Thirty-first Street Hotel and community park, the idea of a Neptune Sculpture was again pursued. The Neptune Festival has become a trademark for the City of Virginia Beach. Neptune Sculpture Steering Committee Morgan Davis Chair President- Town Bank Nancy A. Creech Andrew Fine Thomas Fraim Cameron Kitchin John Malbon Robert Miller Rod Rodriguez Randy Sutton Mrs. Creech also recognized John Ickes, Director of Operations -Neptune Festival, and their creative "guru", who was in attendance. Morgan Davis, advised on December 23, 2003, an historic meeting was held with the Neptune Sculpture Steering Committee. These people were chosen specifically to determine the scope of the sculpture. All members recommended different sculptors. The Neptune office issued fifty (50) Request for Proposals (RFPs) stating the criteria. Because of the size of the Hilton Thirty-first Street Hotel and the Park, the sculpture must be on a 'grand"scale. The sculpture would be twenty-fbur(24)feet above sea level. Only a limited group of Sculptors could work in that size and type of medium. Requirements in the RFPs were stated for size, quality, and time deadline(the grand opening of the Hilton is March 4, 2005). 100%of the artists responded to the RFPs encompassing China, Italy, and Hawaii and Great Britain. Upon review by the Committee, five (5) of the artists were chosen for final review. After personal presentation and representation, Richmond, Virginia, based Sculptor, Paul Di Pasquale, was chosen. Mr. Di Pasquale has been pictured twice on the cover of Time Magazine. Mr. Davis advised 90% of the funding was committed from those involved in the Neptune Festival. All of the funding should be realized within thirty (30) days. Mr. Di Pasquale is a retired College Professor. Paul Di Pasquale, Sculptor, is responsible for the Arthur Ash Monument, Oliver Hill, and the 24 foot high Indian Brave which sits on top of the Richmond Brave Stadium (above the Box Office). Mr. Di Pasquale introduced the City Council to "King Neptune"(a model of the cast bronze sculpture).He did not believe there is another bronze cast sculpture of this size in the United States. The Statue of Liberty is hammered copper. In the same way the Statue of Liberty needs no introduction as to its meaning and location, a sculpture of this scale will soon become "The Neptune"and it will symbolize Virginia Beach. Just King Neptune's head would be four and 'half(4 '/_)feet. His shoulders will measure eight(8)feet across. The turtle is six and 'half(6162feet "nose to tail". The piece also contains an octopus, three (3) dolphins and multiple fish that float outside the rock. Neptune in his 'left hand", which is webbed, is holding a sea turtle (the new logo of the Aquarium). The turtle's back leg is anchored and welded to the rock King Neptune's arm and turtle will be shipped as one piece and then joined together(bolted and welded)at the site on 31"Street. September 14, 2004 - 3 - CITY MANAGER 'S BRIEFING ICING NEPTUNE FESTIVAL ITEM#52970(Continued) Mrs. Creech advised the dolphins depicted are a 'family"thus emphasizing the 'family"concept. The sculpture will weigh approximately three(3)tons.RobertMiller and RandySutton are installingthe concrete base, steel and structural portions (all engineering that will he required to support and anchor King Neptune). King Neptune will be on the east side of the boardwalk, not impacting the seawall or boardwalk. His back will be to the ocean (rising from the ocean). this statue will be cast in a foundry in China. The Neptune Festival is working through Evergreen Limited in Richmond, who owns fourteen (14)factories in China. Mr. Di Pasquale will be leaving on October Tenth, spending six (6) weeks in China to oversee the process. When the statue arrives in Virginia Beach early next year, Mr. Di Pasquale will supervise the erection Morgan Davis advised there will be twentyfoot piles underneath the poured concrete pedestal and all the anchoring bolted to this. There will be a solid steel piece that will connect to the top of the head all the way down into the foundation and will bolt at that point. Mr. Di Pasquale advised the sculpture does not require painting. The advantage of bronze over steel is it oxidizes to a point it eventually turns green (a time span of approximately one year). The monuments in Richmond are recommendedfor retinning every forty(40)years, which is a process whereby the statue is heated with wax allowing the metal to expand and absorb the wax, thus protecting the statue. On the Oceanfront with sand blowing and salt water, King Neptune will probably turn "green". The statue is essentially % inch thick. The Neptune Festival will own the rights for reproductions of the statues and replicas. The Neptune Festival intends to create small replicas.. The City Manager advised the location was anticipated in the Master Plan for 31"Street approximately six (6)years ago.A Memorandum between the Neptune Festival and the City describes the donation of the work to the City, as well as the maintenance obligations. This Memorandum shall govern the actual transfer of the sculpture. September 14, 2004 - 4- CITY MANAGER 'S BRIEFING TREE REMOVAL ORDINANCE 2:18 P.M. ITEM#52971 The City Manager advised the last storms experienced have revealed weaknesses relative the tree removal process and the ordinance which guides same. Wade Kyle, Waste Management Administrator, has been working with City st aff to develop clarifications of the ordinance. Wade Kyle advised a Tree Removal Ordinance, clearly stating tree removal debris, which is not related to a State of Emergency Declaration and will not be taken by the City, will be scheduled for a City Council Session within the next two(2)weeks.Slides relative the more prevalent problems concerning tree removal were displayed to City Council. The Waste Management Division is in business to prevent health hazards in the City. The Division is picking up 77%more yard waste than six(6)years ago. Large tree removal is the major problem.An internal policy dictates that tree removal debris will not be picked up. The Ordinance states everything under 6"in diameter will be picked up. When trees come down, a volume problem results. Even though the large chunks of trees are not removed, there may be as many as ten piles of 6"diameter material. This cannot be handled by the Division. Waste Management does not have the resources, equipment or personnel to handle this volume or size of material. The yard waste is taken to the mulching facility operated by Southeastern Public Service Authority (SPSA), who handles 6" or smaller diameter material. Their equipment is designed to mulch this waste, which becomes the compost sold in a product called Natures Blend. This year, approximately$60,000 of unbudgeted funds have been expended related to the collection and grinding and contractor's cost re disposing of this material.If the City is to enter the business of tree removal, this will necessitate an up-front cost of approximately$425,000,with an ongoing cost of approximately$75,000for the operational and personnel resources to provide this service. The City could also contract out this tree removal at a cost of between $1,500 to $2,500 per house The City will still take tree removal debris, if the resident rents one of the yard debris containers. However, this debris must be 6" in diameter or smaller. Each yard waste crew handles an area encompassing approximately 2,000 homes per day. Although service has increased by over 14,000 homes, the Waste Management Division has not added any new personnel in over ten (10)years. When the City Manager declares a State of Emergency, normally after a Hurricane, the City would then hire contractors to remove debris which .should be reimbursed by the Federal Emergency Management Administration(FEMA).Relative disposal, the City is not equipped to handle the large material at the landfill. Unfortunately, a private landfill located near the City's closed up recently. The Contractors are charging a certain amount to take the trees down and then adding another cost to remove the tree debris. The homeowner, in some cases, does not want to pay this additional cost and the contractors are just pushing the debris out to the street. The City does not have the resources or equipment to handle this pick-up. Effective September 15, 2004, the Division will return to handling yard debris only 6"in diameter or smaller,if there are numerous piles every week, the City will not handle htat as this is not pruning but removal. Mr. Kyle advised approximately $1500 per house was expended during the recent removal by contractors of the large material. Mr. Kyle advised primary service is the automated can.Anything related to the home can be placed in this receptacle with the exception of hazardous waste. In addition, a bulk pickup service is provided, primarily furniture and appliances. Car parts and remodeling debris is not picked up. Service is also provided for pick-up of water heaters and toilets, as the City is still working with Public Utilities to have customers switch to "low water use"toilets. Clear bags of yard waste, encompassing grass and leaves,facer(4J foot square piles of shrubs and trees (pruning only) are taken. Area rugs are taken; however wall-to-wall carpeting is not handled As the City is improving the appearance, old fences are picked up as well as sheds. September 14, 2004 - 5- CITY MANAGER 'S BRIEFING TREE REMOVAL ORDINANCE • ITEM#52971 (Continued) Concerning education of this new Tree Removal ordinance, correspondence will be forwarded to all contractors. Media and Communications will provide information through an article in City Page. Approximately two (2) weeks ago, an article was also placed in the newspaper by the Waste Management Division and VBTV will also provide information to the citizenry. If the large tree debris remains at the house, Wade Kyle will request the Housing and Neighborhood Preservation Inspector go to the location and notify the home owner to remove the debris after a certain time. If the homeowner does not make arrangements to do this after forty-five(45)days, a court summons will be issued. Under a revised Ordinance, Housing and Neighborhood Preservation will request fines be implemented for certain offences. Mr. Kyle advised because of safety and liability concerns, the Sheriff's Work Force cannot he utilized in picking up debris. Andy Friedman, Director of Housing and Neighborhood Preservation, advised for approximately ten (10) years their department, in cooperation with Waste Management, has enforced the debris removal code. This would be a waste management violation and would be enforced in the manner in which every other violation is currently enforced: Notice of Violation, and if not fixed, a court summons would be issued. Housing and Neighborhood Preservation cannot distinguish between who caused the violation.The property owner has the violation. The City Attorney advised an ordinance could he prepared holding the tree contractor responsible for debris pick-up after their cutting,pruning or removing tree(s). Vice Mayor Jones expressed appreciation to Mr. Kyle and his Department for their resolution of the problems at Lake Shores. Vice Mayor Jones will confer with the City Attorney and Wade Kyle relative further revision to the Tree Ordinance prior to presentation to City Council. Mayor Oberndorf requested information be provided relative the neighboring cities procedures and services and whether removal of garbage and debris is part of the total real estate rate or a separate charge. September 14, 2004 - 6- CITY COUNCIL COMMENTS AND CITY COUNCIL LIAISON REPORTS 2:55 P.M. ITEM#52972 Mayor Oberndorf advised Council Lady McClanan will be attending the Rail Volution 2004(September 18- 22, 2004) in Los Angeles, California: "Building Livable Communities with Transit". The national conference focuses on how to transform the way communities are built, using transportation as a tool to shape the places people live. This year's conference will showcase southern California's efforts to redesign itself to build thriving communities around modern, efficient and public transit systems. Council Lady McClanan will provide information to City Council and intends to pay forpart of her own Conference costs. Councilman Maddox advised he was leavingfbr Los Angeles, on Saturday,September 18, 2004, to view a BRT(Bus Rapid Transit) Vehicle similar to the model in Las Vegas. He will only be staying one(1) day. Mayor Oberndorf advised Council Lady Wilson will be representing the City and attending the Hampton Roads Chamber of Commerce 8'h Annual Inter-Regional Visit to Nashville, Tennessee (October 14-16 2004). This is a 'fact finding"visit to examine areas that have created more of regional opportunity. This concept will assist the City in examining this concept, if in time it becomes a reality to pursing this opportunity in Hampton Roads. ITEM#52973 Mayor Oberndorf advised: 2004 Community Budget Meeting Tuesday,September 21,2004 7:00 P.M. -10:00 P.M. Municipal Center Building 19 Human Resources Training Rooms A,B& C The City Manager advised also on September 21, 2009, the City Council/School Board Joint Session is scheduled for 4:00 P.M. at the Einstein Lab -School Administration Building. Then, in the Council Conference Room at 5:00 P.M., the Hampton Roads Transit(HRT)Municipal Funding Briefing will be conducted. City Council will recess for dinner at 6:00 P.M. and then attend the 2004 Community Budget Meeting. Vice Mayor Jones advised he would be unable to attend. ITEM#52974 Council Lady Wilson advised she attended the Virginia Municipal League Legislative Committee meeting on Friday, September 10, 2004. There was tremendous concern re the 2006 Budget and the car tax. There has been creative financing at the State level to cut$270-MILLION state-wide. The car tax is suppose to return to the localities. Because of the way the City bills in the Spring, this will affect Virginia Beach tremendously.Approximately$50-MILLION will be short changed in the City's Budget.In 2007, the State will cap this at$950-MILLION. There were several suggestions from Henrico.Robert Matthias,Assistant to the City Manager, will forward all information to City Council. The first problem is the$50-MILLION shortfall with the second being the capping of the car tax and the method to handle same. September 14, 2004 - 7- CITY COUNCIL COMMENTS AND CITY COUNCIL LIAISON REPORTS ITEM#52975 Council Lady McClanan referenced the Virginian-Pilot article concerning the City's proposals for improving property maintenance and she had a tremendous complimentary,positive response from the citizens. City Council called for stricter code enforcement and the Beach has already obtained State authority to impose the fines which will range from$25 to$200. ITEM#52976 Councilman Diezel, Golf Course Liaison, advised the City Council will hear a Request for Proposal(RFP) re Stumpy Lake Golf Course during a January City Council Session.Before this item is scheduled, the City Council needs to be advised of the pros and cons between the current practices of the short term 5-year lease versus the long term 20 to 30year lease (as with Tournament Players Club (TPC) and Heron Ridge Golf Courses). Council Liaisons Diezel and Schmidt will probably recommend long term with a revenue stream that does not require any maintenance overhead expense from the City Council. ITEM#52977 Councilman Diezel advised members of the Sheriff's department are unable to take projected leave due to a manpower issue. As of December 31, 2004, those Deputies with 400 or more hours will lose everything over 400 hours. This is ongoing and could create a serious morale problem. Councilman Diezel requested this concern be reviewed relative the administrative regulations. A one-time exception was made last year because of the Muhammad Trial. ITEM#52978 Councilman Villanueva distributed a proposed ADD-ON Resolution: Resolution requesting the City's Congressional Delegation support federal funding for the Cooperative Purchase of Development Rights to properties affected by the Navy's OPNA V Instruction 11010.36B. This concern had been expressed during City Council's Retreat. Councilman Villanueva wished the Resolution also fonvarded to the Congressional District Candidates. The City should be proactive with regards to options and hopefully this Purchase of Development Rights will be an issue in the Congressional race.Both candidates have indicated a willingness to protect the Naval Base as well as the property owners. BY CONSENSUS,this item shall be scheduled during tonight's Formal City Council Session, September 14, 2004. September 14, 2004 - 8- CITY COUNCIL COMMENTS AND CITY COUNCIL LIAISON REPORT'S ITEM#52979 Councilman Dyer advised the Council of Civic Organizations (CCO) is attempting to sponsor a debate between the Congressional Candidates in the City Council Chamber. There was a request to have this aired on VBTV(Channel 48), as the bulk of the Congressional District is in Virginia Beach. The City has a vested interest in the outcome. Mayor Oberndorf advised a process is in place to have sufficient sponsors, not just one group, to maintain balance to assure fairness and neutrality with sponsors from the business, civic league sectors and League of Women Voters, Councilman Villanueva advised candidates tend to politicize issues often in the Forum. The City Attorney advised the policy was crafted to assure City Council not be involved in establishing format. The policy guidelines advise the debates must be neutral. The policy can be changed at City Council's direction. The City Manager will have David Sullivan, Chief Information Officer, contact the Council of Civic Organizations relative this filming. ITEM#52980 The City Manager referenced a telephone call from the Honorable Dale Bimson after the City Council Session of September 7, 2004, re the pilot program often (10) rolling chairs at the Oceanfront,which will expire September 23, 2004. As. City Council does not meet again in Formal Session prior to September 23, 2004,Attorney Bimson wishes to extend this program until November 19,2004. There are issues involving insurance and delivery of chairs as this program started late in the Season. A comprehensive set of regulations will be presented to City Council. The Resort Advisory Commission (RAC) will review the program following the expiration of the pilot program whether that be September 23,2004 or November 19, 2004. There have been comments both pro and con. BY CONSENSUS, this pilot program shall be extended until November 19, 2004. ITEM#52981 Councilman Maddox, Liaison to the Convention Center project, advised the real estate acquisitions are complete, essentially the remaining buildings will be taken down shortly. As of August 31, 2004, $56 %- MILLION of the $97 %-MILLION has been expended for Phase IA. The project is on schedule and completion is set for May 5, 2005. A tower "topping out" tour for City Council shall be conducted on October Fourteenth. All of the Shriners, who attended their Annual Convention, could not say enough about the new convention center and many participated in "hard hat"tours. ITEM#52982 Councilman Wood, Liaison to the Performing Arts Theatre, advised the Committee has been working toward the establishment of a Foundation. The City Attorney advised before the papers are filed to create this fund raising Foundation, City Council's permission is required. BY CONSENSUS ("thumbs up'), City Council directed the City Attorney to file papers for the establishment of a Foundation for the Performing Arts Theatre. September 14, 2004 -9_ AGENDA REVIEW SESSION 3:27 P.M. ITEM#52983 1.1. Resolutions re design and right-of way acquisition of Princess Anne Road projects: a. Phase IV Dam Neck Road to Nimrno Parkway b. Phase V Holland Road to General Booth Boulevard. Councilman Reeve,advised the City Council has been briefed on the Bike and Trailways Plan.Both Princess Anne and Nimmo are major corridors. Mark Johnson,Public Works-Engineering, advised on Princess Anne Road, eight(8)foot sidewalks will he depicted on the detail.However these "sidewalks"will be reclassified as paths. Eight(8)foot shoulders on the lanes will also be provided These are shoulders for motorists who are in trouble and can pull over, hut also bicyclists can bike along those lanes. The shoulders are not going to he identified as bike lanes as other regulations would have to be involved; however, these shoulders will be available for the hiking community. The right-of-way with Nimmo is more constrained than on Princess Anne. The curb and gutter section was utilized. The staff tried to balance the width of the roadway with respect to the landscaping abilities and providing some sort of buffer between the roadway and the neighborhoods.Also, a 1600-fbot bridge will cross over the floodway.If the roadway were to be widened, this would add substantial cost to the project, especially with widening the bridge itself For this reason, the City prefers an 8-foot off road path on this roadway section, which will also go across the bridge. The roadways construction in the Transition area will have an on-road bikingfacility,probably with an eight foot or fourfoot shoulder on which to bike. VDOT has Princess Anne Road scheduled for construction in 2008, with Nimmo Parkway in 2010.After City Council action today, VDOT will go into the real estate acquisition phase. The construction documents will he completed. The staff met with VDOT in August to discuss their 6-year plan and to determine reconciliation of their 6-year plan with the City's Capital Improvement Program. The City Manager advised VDOT will brief City Council relative the 6-year plan on September 28, 2004. VDOT staff because of reduction in funding in the General Assembly, had to change their state-wide program. For next year, there is$7-MILLION available fm'engineering in the entire state of Virginia. ITEM#52984 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES I1. Resolutions re design and right-of-way acquisition of Princess Anne Road projects: a. Phase IV Dam Neck Road to Nimno Parkway h. Phase V Holland Road to General Booth Boulevard. September 14, 2004 - 10- AGENDA REVIEW SESSION ITEM#52984(Continued) 12. Resolution to increase the membership of the HISTORICALREVIEWBOARDfrom six(6)to seven(7) members. (Requested by Council Lady Wilson) 13. Ordinance to AUTHORIZE a revised policy to allow PUBLIC COMMENT after the adiourmnent on non- agenda items. Each speaker will be allowed three (3) minutes and the number of speakers will be limited to ten (10). This new policy will be effective the first meeting in October and each first meeting of the month thereafter for a trial period of six (6)months, and this comment period will not be televised. 14. Ordinance re the LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION STUDY: a. ESTABLISH a capital project b.APPROPRIATE S450,000from StormwaterManagement Utility Enterprise And c.AUTHORIZE cost share agreement with U.S.ARMY CORPS of ENGINEERS 15. Ordinance to AUTHORIZE a temporary encroachment for CHARLIE and CINDY PINCUS to construct and maintain a fence in the City's right-of way at 621 Bushnell Circle (DISTRICT 5 -LYNNIIA TEN) (DISTRICT 6-BEACH) 1.6. Ordinance to ACCEPT and APPROPRIATE 348,000 from the Department of Homeland Security to the Fire Department's FY 2004-05 Operating Budget re four FEMA team members who provided security at the Democratic and Republican National Conventions. September 14, 2004 - ll _ AGENDA REVIEW SESSION ITEM#52985 1.1. Petition for 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)for RICHARD RIGGS to exclude floodplain areas, subject to special restrictions from counting towards minimum lot area and width requirements. (DISTRICT 7—PRINCESS ANNE) Councilman Schmidt inquired relative the definition of a hardship. Steven White, Planning, advised hardship is a characteristic of the property. Personal characteristics are not considered hardship. This site is totally within the Floodplain. Mr. White advised the applicant must have both this subdivision variance and then apply fbr a floodplain variance to build the house. The City Attorney advised Mr. White was correct, hardship is a "unique characteristic of the land". Mayor Oberndorf and Councilman Schmidt will vote NAY on this item. ITEM#52986 1.4. Application ofJONA THAN R.KINGfor Conditional Use Permit re a home occupation (firearm sales) at 224 Gatewood Avenue (DISTRICT 6—BEACH) This application will be discussed during the Formal Session. ITEM#52987 J.3. Applications of HERTZ LOCAL EDITION for Conditional Use Permits: a. Motor vehicle rentals at 3205 Virginia Beach Boulevard (DISTRICT 3—ROSE HALL) Council Lady McClanan has no problem with the application but wishes to speak to the applicant prior to the City Council Session relative the sign which is close to the Francis Land House. ITEM#52988 BY CONSENSUS; the following shall compose the CONSENT AGENDA: J.i. Petition fbr a Variance to § 4.4(b) of the Subdivision Ordinance that requires all newly created lots meet all the requirements of the City Zoning Ordinance (CZO)for RICHARD RIGGS to exclude floodplain areas,subject to special restrictions from counting towards minimum lot area and width requirements. (DISTRICT 7—PRINCESS ANNE) September 14, 2004 - 12- A GEN DA REVIEW SESSION ITEM#52988 (Continued) J.2. Application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit re a church (expansion)at 2221 Centerville Turnpike (DISTRICT 1 - CENTERVILLE) J.3. Applications of HERTZ LOCAL EDITION for Conditional Use Permits: a. Motor vehicle rentals at 3205 Virginia Beach Boulevard (DISTRICT 3-ROSE HALL) b. Motor vehicle rentals at 5476 Virginia Beach Boulevard (DISTRICT 2-KEMPSVILLE) J.5. Application of THOMAS RITCHIE,FINE EDGE LAWN & LAND, INC. for Conditional Use Permit re bulk storage at 400 First Colonial Road (DISTRICT 6 - BEACH) .16 Application of VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC), for a Conditional Use Permit re a Facility for the Disabled at West Neck Road and North Landing Road (DISTRICT 7 PRINCESS ANNE) 17. Application of DR. JOHNNY'S APPLIANCES for a Modification of Proffers for a Conditional Change of Zoning from AG-2 Agricultural District to Conditional B- 2 Community Business District(approved by City Council on January 25, 1994), (Harold Dean Flora, Sr. & Mary Ellen Flora)for a sign at 1941 General Booth Boulevard (DISTRICT 7-PRINCESS ANNE) J.B. Application of ESI PROPERTIES II, L.L.C. and KAMAREK PROPERTY H,L.L.C..for a Modification of Profers re a Conditional Change of Zoning from 0-2 Office District to I-i Light Industrial District(approved by City Council on July 9, 1996), (Electronic Systems, Inc.)re a reduction in squarefootage at Expressway Drive and Edwin Drive (DISTRICT 3-ROSE HALL) J.9. Application of WOMACK CHAPPELL, L.L.C. .f/k/a Linda T Chappell for a Modification of Conditions re Conditional Change of Zoning from AG-1 Agricultural District to F1 Light Industrial District(approved by City Council on May 14, 2002), (Linda T. Chappell)re the side yard setback up to London Bridge Road at 2599 Dam Neck Road (DISTRICT 6-BEACH) Mayor Oberndorf and Councilman Schmidt will vote NAY on Item J.1. Council Lady McClanan will vote NAY on Item 15. September 14, 2004 - 13 - ITEM#52989 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION,pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion,performance,demotion,salaries,disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2- 3711 (A) (1). Appointments: To Wit:Appointments:Boards and Commissions: Bicycle and Trails Advisory Committee Historical Review Board Minority Business Council Parks and Recreation Commission Public Library Board Resort Advisory Commission-RAC Review and Allocation Committee (COG) Social Services Board Towing Advisory Board Evaluation of City Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly-held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of Property: Beach District Princess Anne District Bayside District September 14, 2004 - 14- ITEM#52989 (Continued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION(4:00) Voting: 11-0 Council Members Voting Aye: Harry E_ Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera H Oberndorf, Tim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman Diezel left at 4:05 P.M. as he was not feeling well. (Recess:4:00-4:10 P.M.) (Closed Session:4:10 P.M. -5:45 P.M.) (Dinner: 5:45 P.M. -6:10 P.M.) September 14, 2004 - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL September 14,2004 6:15 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, September 14, 2009, at 6:15 P.M. Council Members Present: Robert M Dyer, 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 Absent: Harry E. Diezel [Left at 4:05 P.M, as he was not feeling well] INVOCATION: Dr. Stanley Sawyer, Pastor All Saints Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting f rm ofGoodman 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 for each meeting of City Council for the purpose of identing 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 this disclosure. Council Lady Wilson's letter ofJanuary 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 is 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 ofCity 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 the disclosure. Council Lady Wilson's letter ofJanuary 27, 2004, is hereby made a part of the record. September I4, 2004 - 16- Item VI-E.1. CERTIFICATION OF CLOSED SESSION ITEM#52990 Upon motion by Councilman Schmidt, seconded by Councilman Reeve, 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: 10-0 Council Members Voting Aye Robert M. Dyer, 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: Harry E. Diezel September 14, 2004 p 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#52989, page 13, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711(A)of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW,THEREFORE,BE IT 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 requirementsby 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. Hodges S ith,MMC City Clerk September 14, 2004 - 17- Item VI-F.1. MINUTES ITEM#52991 Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of September 7, 2004. Voting: 10-0 Council Members Voting Aye: Robert Al. Dyer, 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: Harry E. Diezel September 14, 2004 - 18- Item V-H.1. ADOPT AGENDA FOR FORMAL SESSION ITEM#52992 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Resolution requesting the City's Congressional Delegation support federal funding for the Cooperative Purchase of Development Rights to properties affected by the Navy's OPNAV Instruction 11010.36B. September 14, 2004 - 19- Item V-H.2. ADD-ON ITEM#52993 Upon motion by Councilman Villanueva, seconded by Vice Mayor Jones, City Council ADDED to the Consent Agenda as hem L7: Resolution requesting the City's Congressional Delegation support federal funding for the Cooperative Purchase of Development Rights to properties affected by the Navy's OPNAV Instruction 11010.36B. Voting: 10-0 Council Members Voting Aye. Robert Al. Dyer, 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: Harry E. Diezel September 14, 2004 - 20- Item V-I. RESOLUTIONS/ORDINANCES ITEM#52994 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Resolutions/Ordinances 1a/b., 2,3, 4a/b/c, 5, 6, and(ADD-ON) 7 of the CONSENT AGENDA. Voting: 10-0(By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,MayorMeyera E.Oberndorf Jim Reeve,Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 - 21 - Item V-i La/b. RESOLUTIONS/ORDINANCES ITEM#52995 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolutions re design and right-of-way acquisition of Princess Anne Road projects: a. Phase IV Dam Neck Road to Nimno Parkway b. Phase V Holland Road to General Booth Boulevard Voting: 10-0(By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,Mayor Meyera E. Oberndorf Jim Reeve,Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 1 A RESOLUTION FOR APPROVAL OF THE 2 DESIGN AND THE DESIGN PUBLIC HEARING 3 FOR PRINCESS ANNE ROAD PHASE IV 4 PROJECT (CIP#2-305) 5 6 7 WHERAS, a Design Public Hearing was conducted on September 10, 2003, ("Public s Hearing") in the City of Virginia Beach by representatives of the Virginia Department of 9 Transportation after due and proper notice for the purposes of considering the proposed design of ro Princess Anne Road Phase IV—CIP#2-305 (VDOT Project#0615-134-V05,RW101,C501)(the 1i "Project"), in the City of Virginia Beach, at which time drawings and other pertinent information 12 were made available for public inspection in accordance with state and federal requirements; 13 WHEREAS, all persons and parties in attendance were afforded full opportunity to 14 participate in said Public Hearing; 15 WHEREAS, representatives of the City of Virginia Beach were present and participated in 16 said Public Hearing; 17 WHEREAS, the City Council had previously requested the Virginia Department of is Transportation to program this Project; and 19 WHEREAS, the City Council has considered all such matters. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 L The major design features of Princess Anne Road Phase IV, CIP 2-305 (VDOT Project # 23 0615-134-V05, RW 101) as presented at the Public Hearing conducted on September 10, 24 2003, and which are set forth on the Location Map attached hereto, are hereby approved. 25 2. The Virginia Department of Transportation is hereby requested to acquire all rights-of-way 26 necessary for this Project, and to convey said rights-of-way to the City at the appropriate 27 time. 28 3. The Director of Public Works is hereby authorized to execute on behalf of the City of 29 Virginia Beach, all the necessary utility agreements required in conjunction with acquiring 30 such rights-of-way. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 4th day of 33 September , 2004. 34 35 36 PREPARED: 08/26/04 38 CA-9259 39 APPROVED AS TO CONTENT 40 ,, 41 ,J/ . ✓t 4z _fartment of Pude orks a3 94 45 APPROVED AS TO LEGAL 4 e SUFFICIENCY AND FORM /18 19 City Attorney's Office � �1 �DP BRIDGE RD. z\,, � � D NECK FS \\905 elfe ' fy / ° 9 Y t' �q 7F ,,N ASi,,,)0.‘, i 1 11111. Fs,s` > 4N.4 ,‘', r 1 N_9 7 li I / VIRGINIA G0LP BEACH TPCCOURSE � ) O - �/ . NI VIRGINIA • 7 MUNICIPAL •R V N RZH p. 0002 53 \ __PRINCESS ANNE ROAD - PHASE IV %-, C.I.P. 2-305 SCALE: 1 " = 1600' �,� 1 '.--- �, A c A RESOLUTION FOR APPROVAL OF THE 2 DESIGN AND THE DESIGN PUBLIC HEARING 3 FOR NIMMO PARKWAY PHASE V PROJECT 4 (CIP#2-121) 5 6 7 WHERAS, a Design Public Hearing was conducted on September 10, 2003, ("Public a Hearing") in the City of Virginia Beach by representatives of the Virginia Department of 9 Transportation after due and proper notice for the purposes of considering the proposed design of ie Nimmo Parkway Phase V—CIP # 2-121 (VDOT Project # 0615-134-108, RW201, C501), (the ii "Project"), in the City of Virginia Beach, at which time drawings and other pertinent information 12 were made available for public inspection in accordance with state and federal requirements; 13 WHEREAS, all persons and parties in attendance were afforded full opportunity to 14 participate in said Public Hearing; 15 WHEREAS,representatives of the City of Virginia Beach were present and participated in 16 said Public Hearing; 17 WHEREAS, the City Council had previously requested the Virginia Department of 18 Transportation to program this Project; and 19 WHEREAS, the City Council has considered all such matters. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 1. The major design features of Nimmo Parkway Phase V,CIP#2-121 (VDOT Project#0615- 23 134-108, RW201, C501) as presented at the Public Hearing conducted on September 10, 24 2003, and which are set forth on the Location Map attached hereto, are hereby approved. 25 2. The Virginia Department of Transportation is hereby requested to acquire all rights-of-way 26 necessary for this Project, and to convey said rights-of-way to the City at the appropriate 27 time. 28 3. The Director of Public Works is hereby authorized to execute on behalf of the City of 29 Virginia Beach, all the necessary utility agreements required in conjunction with acquiring 30 such rights-of-way. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th day of September , 2004. 39 35 36 PREPARED: 08/26/04 37 33 CA-9258 39 APPROVED AS TO CONTENT 40 41 .4..' l %I Art 42 1 :I artment of Publ rks 93 44 45 APPROVED AS TO LEGAL SUFFICIENCY AND FORM 48 /1Q (X/c 49 City Attorney's Office as 0 9 -Q� \ •oa/ � IT:tii/ , \ r m P� mf • m 7 z z wl 1m is T n t . . D 7J ,i Y ti I1 II y � Li ii 1 N 'i1 MO c.1 II 7 o FA' m lI o� U Cli7 li:744 cl):)/ II)11::\/ 0 g � _ - ->,N 7 /may - 22 - Item V L2. RESOLUTIONS/ORDINANCES ITEM#52996 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution to increase the membership of the HISTORICAL REVIEW BOARD from six (6) to seven (7) members. (Requested by Council Lady Wilson) Voting: 10-0(By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,Mayor Meyera E.Oberndorf, Jim Reeve,Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 1 REQUESTED BY COUNCILMEMBER ROSEMARY WILSON 2 A RESOLUTION INCREASING THE MEMBERSHIP OF THE 3 HISTORICAL REVIEW BOARD 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That the Historical Review Board shall have seven members. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of September, 2004. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA-9373 September 8, 2004 R-1 H:\P&A\GG\Ord Res\OldBeachCommittee.doc -23- Item V-L3. RESOLUTIONS/ORDINANCES ITEM#52997 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE a revised policy to allow PUBLIC COMMENT after the adjournment on non-agenda items. Each speaker will be allowed three(3)minutes and the number of speakers will be limited to ten (10). This new policy will be effective the first meeting in October and each first meeting of the month thereafter for a trial period of.rix (6) months, and this comment period will not he televised. Voting: 10-0(By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,MayorMeyera E. Oberndorf Jim Reeve,Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 1 AN ORDINANCE APPROVING AND 2 ADOPTING A REVISED POLICY 3 PERTAINING TO TIME LMIITS FOR 4 SPEAKERS AT CITY COUNCIL MEETINGS 5 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BRACH, VIRGINIA: 9 1 . That the City Council hereby approves and adopts the 10 revised policy entitled "Time Limits for Speakers at City 11 Council Meetings, " dated September 7, 2004, which policy has 12 been exhibited to the City Council and a true copy of which is 13 on file in the City Clerk' s Office. 14 2 . That this revised policy shall be effective for six months 15 from the date of adoption. Unless City Council, by ordinance, 16 re-adopts this policy within six months, the previous version of 17 this policy, adopted on March 11, 2003, shall govern thereafter. Adopted by the City Council of Virginia Beach, Virginia on this 14th day of September, 2004 . APPROVED AS TOO LEGAL SUFFICIENCY: City Attorney' s Office CA-9364 H:\PA\GG\ORDRES\Speaker Limits ORD.doc R1 August 31, 2004 oF' X17 ,71V City Council Policy per. Title: Time Limits for Speakers at City Council Meetings Index Number: Date of Adoption: March 11, 2003 Date of Revision:September 1 4, Page 1 of 2 2004 1.0 Purpose and Need The purpose of this policy is to provide reasonable,workable time limits for speakers at City Council meetings.The need for such a policy was determined by the City Council at its retreat on February 18,2003.The policy is intended to recognize and accommodate the mutual interests of persons desiring to speak at City Council meetings,the value to the City Council of public comment,and the need for the City Council to conduct business in an orderly,expeditious manner. This policy shall not apply to the discussion of agenda items by members of the City Council during City Council meetings or to City Staff members acting in such capacity. 2.0 Time Limits 2.1 Planning Agenda Items (a) Planning Agenda items include rezonings,conditional zonings,conditional use permits, land use plan approvals, code and Comprehensive Plan amendments,nonconforming use resolutions,street closures and any other items for which a public hearing is required pursuant to Chapter 22 of Title 15 of the Virginia Code. (b)The applicant,or representative of the applicant(generally,an attorney,professional engineer or other professional retained by the applicant) shall be allowed ten minutes for his or her initial presentation and an additional three minutes for rebuttal if any opponents of the application have spoken. (1) If there is more than one applicant (as, for example, when both the property owner and proposed developer are applicants)or if the applicant and representative both desire to speak,only one of them shall be allowed to speak for ten minutes. Upon request, however, the presiding officer may allow them to divide their time equally, so long as the total time of their initial presentation does not exceed ten minutes. (2)Speakers addressing the City Council in a representative capacity shall not be allowed additional time in which to speak on his or her own behalf. (c)All other persons speaking in support of the application shall be allowed three minutes, and shall not be entitled to speak in rebuttal of any opposition comments. (d)Opponents of an application shall be allowed three minutes each. In the event the opponents are represented by an attorney,engineer or other professional whose profession includes,as a customary part thereof,appearing before governmental bodies in a representative capacity,such representative shall be allowed ten minutes. In such cases, persons represented shall be encouraged not to provide additional comments. Title: Time Limits for Speakers at City Council Meetings Index Number: Date of Adoption: March 11, 2003 Date of Revision: September 1 4, Page 2 of 2 2004 (1)Only one speaker in opposition to the application shall be allowed ten minutes to speak. If there is more than one representative described in subsection (d), only one of them shall be allowed to speak for ten minutes. Upon request,however,the presiding officer may allow them to divide their time equally,so long as the total time of their presentation does not exceed ten minutes. (e)Opponents of an application shall not be entitled to address the City Council in rebuttal of any statements or other material provided to the City Council during the applicant's rebuttal. 2.2. Regular Agenda Items (a) Regular agenda items include all other agenda items at which public comment is allowed. (ab) Each speaker,whether or not in a representative capacity, shall be allowed three minutes. 2.3 Comment on Non-Agenda Items (a) Time shall be allotted after the conclusion of the first formal session of each month for non-televised public comments on non-agenda items. fig) Each speaker,whether or not in a representative capacity, shall be allowed three(3)minutes. (c)At each meeting, up to ten (10)speakers may register to speak on non-agenda items. If more than ten speakers request an opportunity to speak,only the first ten to register with the City Clerk shall be allowed to speak. jd)The provisions of this subsection shall expire after the conclusion of the first formal session in March 2005. 3.0 Timekeeping; Written Material (a)The City Clerk shall keep time for each speaker in accordance with the provisions of Section 2,and shall verbally notify the speaker and presiding officer at the expiration of the time allowed for each speaker. (b)Written comments or other material may be tendered to the City Clerk by any person desiring to do so. 4.0 Modification of Time Limits (a)The presiding officer,with the consent of the City Council, may extend or reduce any of the time limits set forth in Section 2. (b)The time limits for speakers set forth in Section 2 shall be exclusive of the time taken in responding to questions of members of the City Council. 5.0 Registration of Speakers Any person desiring to address the Council shall register with the City Clerk prior to the opening of the meeting.The inadvertent failure to do so shall not, however, disqualify any person from speaking. 6.0 Public Notice of Policy In accordance with City Code Section 2-41,this policy shall be included on the City's internet web site,posted outside of the City Council Chambers, and published in the City Council agenda for each regular meeting. - 24- Item V-14.a/b/c RESOLUTIONS/ORDINANCES ITEM#52998 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance re the LYNNHAYEN RIVER ENVIRONMENTAL RESTORATION STUDY: a. ESTABLISH a capital project b.APPROPRIATE$450,000 from StormwaterManagement Utility Enterprise fund c.AUTHORIZE cost share agreement with U.S.ARMY CORPS of ENGINEERS Voting: 10-0(By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,Mayor Meyera E. Oberndorf Jim Reeve,Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14. 2004 1 AN ORDINANCE TO ESTABLISH CIP #7-157, 2 "LYNNHAVEN RIVER ENVIRONMENTAL RESTORATION 3 STUDY, " APPROPRIATE $450, 000 FROM THE STORM 4 WATER UTILITY ENTERPRISE FUND TO THIS 5 PROJECT, AND AUTHORIZE A COST SHARE AGREEMENT 6 WITH THE CORPS OF ENGINEERS 7 8 WHEREAS, the City and the U. S . Army Corps of Engineers 9 have developed a cost share agreement to perform an environmental 10 restoration study of the Lynnhaven River Basin, and the City' s 11 initial share is estimated to be $450, 000; and 12 WHEREAS, retained earnings are available in the Storm 13 Water Utility Enterprise Fund to cover the City' s share of the 14 study costs. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 1 . That CIP #7-157, "Lynnhaven River Environmental 18 Restoration Study, " is hereby established as a capital project in 19 the City' s Capital Improvement Program. 20 2 . That $450, 000 in retained earnings from the Storm 21 Water Utility Enterprise Fund is hereby appropriated to CIP #7- 22 157, "Lynnhaven River Environmental Restoration Study" to cover 23 the City' s portion of the restoration study' s costs, with revenue 24 increased accordingly. 25 3 . That the City Manager, or his designee, is hereby 26 authorized to enter into an agreement with the U. S. Army Corps of 27 Engineers to share the costs of the Lynnhaven River Environmental 28 Restoration Study. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th day of September , 2004 . Approved as to Content : APPROVED AS TO LEGAL SUFFICIENCY: L1 2WNi/ S. ) gtz-tte,4 /. Management Services City Attorney' ffice y CA-9365 August 31, 2004 R-3 H:\PA\GG\ORDRES\Lynnhaven River Restoration Study ORD.doc FEASIBILITY STUDY: LYNNHAVEN RIVER BASIN SUMMARY OF TERMS FEDERAL SPONSOR: Participating in the agreement as the Federal Sponsor is the Federal Government represented by the Department of the Army,Norfolk District, Corps of Engineers. NON-FEDERAL SPONSORS: Participating in the agreement as the Non- Federal Sponsor is the City of Virginia Beach. PROJECT: The study of the Lynnhaven River Basin to determine if the U.S. House of Representatives' 1998 report on the condition of the Lynnhaven River should be modified in the interest of environmental restoration and protection. FEDERAL SPONSOR RESPONSIBILITIES: The Federal Sponsor is responsible for 50 percent of the cost of the study. The total cost is estimated at S3,000,000. NON-FEDERAL SPONSORS REPONSIBILITIES: The Non-Federal sponsor is responsible for 50 percent of the cost of the study. The City of Virginia Beach's total contribution is estimated to be $1,500,000. TERMINATION: The agreement shall be terminated if the Non-Federal Sponsor fails to fulfill its monetary responsibility. - 25 - Item V-L5. RESOLUTIONS/ORDINANCES ITEM#52999 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance toAUTHORIZEa temporary encroachment for CHARLIE and CINDY PINCUS to construct and maintain a fence in the City's right-of way at 621 Bushnell Circle (DISTRICT 5 -LYNNIIAVEN)(DISTRICT 6-BEACH) 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 removed from the encroachment area by the applicant and the applicant will hear 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 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. September 19, 2004 - 26- Item V-L5. RESOLUTIONS/ORDINANCES ITEM#52999 (Continued) 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 of the insurance policies. The applicant assumes all responsibilities and liabilities,vested or contingent,with relation to the temporary encroachment. 7. 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(or 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 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 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: 10-0 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba Si McClanan, Richard A.Maddox,Mayor Meyera E. Oberndorf, Jim Reeve,Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay None Council Members Absent: Harry E. Diezel September 14, 2004 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT INTO 5 A PORTION OF THE RIGHT-OF-WAY 6 OF GENERAL BOOTH BOULEVARD 7 LOCATED AT 621 BUSHNELL CIRCLE 8 BY CHARLIE L. PINCUS, III AND 9 CINDY O. PINCUS, THEIR HEIRS, 10 ASSIGNS AND SUCCESSORS IN 1 I TITLE 12 13 WHEREAS, Charlie L. Pincus, III and Cindy O. Pincus desire to maintain a 72" 14 fence within the City's right-of-way located at 621 Bushnell Circle. 15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 17 City's right-of-way subject to such terms and conditions as Council may prescribe. 18 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 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, Charlie L. Pincus III and 22 Cindy O. Pincus, their heirs, assigns and successors in title are authorized to construct 23 and maintain a temporary encroachment for a fence in the City's right-of-way as shown 24 on the map entitled: "Exhibit A, PHYSICAL SURVEY OF LOT-1 SUBDIVISION OF 25 CROATAN LANDING PLAT RECORDED IN D.B. 2562, PG. 1375-1376, IN THE 26 CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VIRGINIA For 27 CHARLES PINCUS, Ill SCALE:1"=25' F.B.876 PG.73 DECEMBER 17, 2003," a copy of 28 which is on file in the Department of Public Works and to which reference is made for a 29 more particular description; and • 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Charlie L. Pincus, Ill and Cindy O. Pincus, (the "Agreement"), 33 which is attached hereto and incorporated by reference; and 34 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 35 is hereby authorized to execute the Agreement; and 36 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 37 time as Charlie L. Pincus, Ill and Cindy O. Pincus, and the City Manager or his 38 authorized designee execute the Agreement. 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 40 14th day Of September , 2004. 41 42 • •PROVED AS TO CONTENTS 43 It/ (g• C. G�Guuti., 44nn /1 fL NATURE 1 45 /w kb 46 DEPARTMENT 47 48 APPROVED AS TO LEGAL 49 S F 'II,ENCY i : FORM 50 "A ILaAWILAa 51 • T!]•N t41, 52 53 CA- 9asq 54 PREPARED: 8111/04 19490 —_o o o C caonrae RD O 0 I (� d0 BUB ELL / 00,1' CT 0 / n �\ 0 c 1 C30pl 0e Q it vr SITE AqE���s oft // C C )D P ., Lill T7: '4;4 at O I WNE rem aca%v MAP � � AP: ftO. //e2 N/,<:::), P . c,p, 6) c „,,� i -?:;:i X 61 )('�l�*Ili \ C ip_ mJi e /� � co, ....00s9_ Q / 2 i gUSNNE \ \ P °J 4 t'z--7 6 c'''' i ,) ,s-- - . 0 c:%:' , LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY CHARLIE L. PINCUS III AND CINDY O. PINCUS FOR A FENCE ENCROACHMENT AT 621 BUSHNELL COURT GPIN 2426-08-9886 SCALE: 1" = 150' PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(c)(3) THIS AGREEMENT, made this ads' day of LI u I H , 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and CHARLIE L. PINCUS, III AND CINDY O. PINCUS, HIS/THEIR/HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 1, Croatan Landing" as shown on that plat entitled, "SHEET 1 OF 2 SUBDIVISION OF CROATAN LANDING LYNNHAVEN BOROUGH- VIRGINIA BEACH, VIRGINIA Scale 1" = 40' AUGUST , 1986" as recorded in Map Book 2562 on Page 1375 in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia, and being further designated and described as 621 Bushnell Court, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing 72"high fence "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 property identified as a 10- foot Scenic Easement along the east side of General Booth Boulevard and a City right of way known as General Booth Boulevard "The Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2426 08 9886 0000 1 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 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 72" Wood Fence Encroachment into The Encroachment Area as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT-1 SUBDIVISION OF CROATAN LANDING PLAT RECORDED IN D.B. 2562, PG. 1375-1376, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA FOR CHARLES PINCUS, III SCALE: 1"= 25' F.B.876 PG.73 DECEMBER 17, 2003," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from The Encroachment Area in the event of an emergency or public necessity. 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 and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any 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 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 3 collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the 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, CHARLIE L. PINCUS, III AND CINDY 0. PINCUS, the said Grantee has caused this Agreement to be executed by his/her/their signature. 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 (Xot/(1 .1 r(_ g Charlie L. Pincus, III Cindy 0. Piticdps 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2004, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF CITY/COUNTY OF I„i;r<.-1\utt(L' 1,(11 to-wit: The foregoing instrument was acknowledged before me this tt y' J day of —1-1 .I , 2004, by Charlie L. Pincus, III. } Notary Public) My Commission Expires: ��A; moi; f,.. \,. Mt; 5 STATE OF CITY/COUNTY OF 'y'lI<i,r.� ; ¢rrl, ;,to-wit: The foregoing instrument was acknowledged before me this .j'�'`iday of 'lit �4-� , 2004, by Cindy O. Pincus. Notary Public- My Commission Expires: =31 1=3C-Lk - APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIEC ENCY AND FORM Lm�a C. bermasiv, GNATURE Ph) kael 6301, DEPARTMENT 6 ri . IS TO CERTMT THAT ON DEMIT'M l7, 2009, HE SOR7HYED THE PROPEP"'N' BH031N ON OBIS PLIT, AND TWAT THE TT1TH LINES AND THE KAUSA °N E BBIDINGB ARE 10 SH011N ON MS lT. TRE PROPERTY, XC as STAND SHOWN' TRE iT1LE LNE6 AND THERETEE NO CNCROACHID'[fTS OF OTFfER BVILDINC9 0,. THE PROPERTY. HXCEPT A9 SHOWN. r ,' / j R.P.LAIR6E.BSC. SIGNED BY ' .h, © Vii ,01 mesa /C/7. GENERAL BOOTH BOULEVA - (VAR/ABLE WIDTH R/W) 72' NOW WNW (44.8. 3 Pa 361) 091'IWO(OFR Ire.- - r' Oln 10'SF-MIC(ASEUENT AA -' ----A-,..,- 72 Xo90'F[NOE D A �� - 1 d!UNF a �,,, M oars mYE 72'WOW AMC( !e.d z it I /1 sato S d/0'CLEAR or IIS.•' \ 12M �!' = 16.0 31.9fi O `� I •``„ p 621 1 GOT-2 .i � A µl a z-sn: BRA" &FR. 0rr MOVABLE k a � P((\� tvEl I1T • \ 800.3,LOT-1 i ‘. W 4-;3 f.Kd;•FP N ®®�!,i.%; CO . - I a ^. E`6�HW- a a, • ?i H `b' ` _ '�. v,P D CO A Or a ngri _sir `7 "' A"10116 • BUSHNELL COURT (50' R/W) NOTE: A FIVE (5) FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED)) ALONG AND ADJACENT TO ALL SIOE AND REAR LOT UNES OF AU. LOTS WRHIN THIS SUVDMSION HAS BEEN DEDICATED 10 THE CIY OF VIRGINIA BEACH. VIRGINIA FOR THE INSTALLATION AND/OR MAINTENANCE OF DRAINAGE FACILITIES. FLOOD INFORMA71ON'THE PROPERTY SHOWN HEREON APPEARS TO FALL WHIN FLOOD ZONE 'X' (OUTSIDE) (AREAS DETERMINED TO BE OUTSIDE 500—YEAR FLOOD PLAIN) AS SHOWN ON F.E.M.A.'S FLOOD INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA. COMMUNITYPANEL NO. 515531 0033E DATED DECEMBER 5,1996. W.P. LARGE INC. IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN ' HEREON. THIS FURTHER INFORMATION, DOES CONTACT THE LOLL CO MUNNY FLOOD OFFICIAL.IMPLY NAT THIS PROPERTY WILL OR WILL THIS SURE RVEY WAS PERFORMOED IWITH FORT THE HENEFR OF A TILE REPORT AND MAY NOT SHOW MT/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. THIS PLAT DOES NOT INTEND TO RPRESENT A SUBDMSION OF LAND. - _-_- PHYSICAL SURVEY OP . j ` LOTLA ` 1 - JVL970N OF CROATAN LANDING PLAT RECORDED IN D.B. 2562, PG. 1976-1976, IN THIS CLERK'S OFFICE OF THE CIRCUIT COVET, VIRGINIA BEACH, VA VIRGINIA BEACH, VIRGINIA GINIInns 757.431.10H Pn I�^"'" Pi°rg•'Ocm CHARLES PINCUS, III on =neIa ,R"I,R'T°COPSWA.TS.$et 'teat w Mw SCALE. 1"= 25' F.13.876 P6.79 DECEMBER 17. 2002 PR VIRGINIA BEACH I F.B.452 PG.80-01 I PLAT:C-760 1203-2044 . •.. . . . .4 .::.• -••.••-• - ,•r:..----;:li:-,,f". •'::- 1 \\,,":•,-''..-....'_)-t..' 2-A . ,Ar,' ,,ri- -.T.,1.- .:::-.:1.04--..:;_71'jt:*:-:' • - -' ..„. -.,•-.L ,-...i..,4 ,•,t -.:-,. .,.a:: ---5. ----,i-,.-. -.,....e.,_,?-.•••gs..,..,- ,-, . ''‘ ' '''''i..i-. cr-'...1 F•::---111.-11:4 g• ''' . 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'‘,._:•....,*t.Au dicr: - - . , .• -.1..; . . . ,.. • i. • 13,•-i;.: . •4.,-, t r , ,. ..... , IA , - S.• ' 1-...., ' '''. .s'•-.1. ; •• , 4 `L':V:.1••• •el ,74 . . .,:. - r . `• ; 1, ' • ,,, : „, • s 01 .....s cr.! . .• . . •• a. . ' ' . ' • . ' . ' • ."-i 'Optic - '2 t• . • ti. ,, • - , •,-.---:•,-„,-5. • - av ,e;d1, .,411."----,,...., --a*P1.• 11 ,61/1 •‘F -. -6- 6 ••••66. ''' - ' ti; • . '.." -- •.tstit: ' •411. ° •• - , ' •..- ."--IS " ' __11 6*1....'. - •• 'M . ' Ir- •.--"114 • _......P.-"' "—A. ': ', " .' - ,•. _, _, Iv * •5 '!', . 3-SW./ ''-- ..-•• 4-, -.--'' - • , ' , • ....Ictr4 , . ,.•.'••-'7--.1.. • -1-.',.•;y_ A .., . . - 27_ Item V-L6. RESOLUTIONS/ORDINANCES ITEM#53000 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $48,000 from the Department of Homeland Security to the Fire Department's FY 2004-05 Operating Budget re four FEMA team members who provided security at the Democratic and Republican National Conventions. Voting: 10-0(By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,Mayor Meyera E. Oberndorf, Jim Reeve,Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14. 2004 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $48, 000 FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FIRE DEPARTMENT' S FY 4 2004-05 OPERATING BUDGET FOR FEMA TEAM 5 MEMBERS TO PROVIDE SECURITY AT THE 6 DEMOCRATIC AND REPUBLICAN NATIONAL 7 CONVENTIONS 8 9 WHEREAS, the Department of Homeland Security activated four 10 members of the Federal Emergency Management Agency ("FEMA") 11 Team' s Virginia Task Force 2 to provide security at the 12 Democratic and Republican National Conventions . 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1 . That $48, 000 is hereby accepted from the Department of 16 Homeland Security and appropriated to the Fire Department' s FY 17 2004-05 Operating Budget for costs incurred by the FEMA team at 18 the Democratic and Republican National Conventions. 2 . That estimated revenue from the federal government is hereby increased by $48, 000 in the FY 2004-2005 Operating Budget. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia on the 4th day of spl:rph r2004 . Approved as to Content Approved as to Legal Sufficiency Management Services / City Attorney CA-9366 R-3 H: \PA\GG\ORDRES\Urban Search & Rescue ORD.doc September 1, 2004 ,..Q_PAiT45 A Department of Homeland Security �gA/j Federal Emergency Management Agency `��+No sfF Washington,D.C.20472 July 1,2004 ACTIVATION ORDER MEMORANDUM FOR: National Urban Search and Rescue Response System Red Incident Support Team(1ST)-A (See Attached List) FROM: Michael Tamillow !t y Section Chief Urban Search and Rescue Section SUBJECT: Activation Order—Democratic National Convention(DNC) Incident Type/Location: IST activation in support of the DNC in Boston,MA. Background: The Democratic National Convention will be in Boston,MA during July 26—29,2004. The Convention will welcome visitors,including almost 5,000 delegates from 56 state and territorial delegations(including Washington D.C.,Puerto Rico,American Samoa,Guam,the Virgin Islands,and Democrats abroad), 15,000 members of the domestic and foreign press,as well as foreign dignitaries and honored guests. The ESF-9 Leader for this activation is Michael Tamillow,and the Deputy ESF-9 Leader is Joe Hiponia. The 1ST Leader is John Huff office phone: (402)441-8351 or cell:(402) 499-0998. The ESF-9 Leader can be reached on his cell phone at(202)744-0724 or by pager at 800-759-8888,pin it: 1847831.The Deputy ESF-9 can be reached on his cell phone at 202-498-9093. The NY-TF1 Task Force has also been activated. Instructions: This is an Activation Order for the Red IST. This order is effective 0001 hours on July 25 and will end on July 30 at 2400 hours. Your travel arrangements should made through National Travel at 800-294-8283,per the invitational travel letter. Your point of arrival is Boston,MA. Representatives of the IST-A will coordinate ground _ transportation arrangements and meet you there. Reimbursement of salaries,benefits and backfill costs for this mission will be in accordance with the Cooperative Agreement and Memorandum of Agreement between FEMA and the sponsoring agency for your task force. You do not have authorization for emergency procurement of equipment and supplies. Upon your return,each task force member will be allowed up to 24-hours of rehab time beginning when they go off duty after returning home. This time period is intended to provide personal time-off for those individuals who were scheduled to work. Any questions concerning this Activation Order should be addressed to the US&R Program Office at(202)646-3498. zO�\SAT %y ° Department of Homeland Security _z Federal Emergency Management Agency 3....f2No sFc, Washington,D.C.20472 August 11,2004 ACTIVATION ORDER MEMORANDUM FOR: National Urban Search and Rescue Response System BluetachetSupport Team(1ST)-A (See AttachedLi List) �_� cwt",-r// FROM: Michael Tamillow /�t/'.. Section Chief Urban Search and Rescue Section SUBJECT: Activation Order—2004 Republican National Convention(RNC) Incident Type/Location: IST activation in support of the RNC,New York City,NY Background:The 2004 Republican National Convention will be held for the first time ever in New York City at Madison Square Garden from August 30-September 2,2004. Nearly 50,000 visitors are expected to visit the city for the occasion.The Department of Homeland Security designated the Republican National Convention a National Special — Security Event in July 2003,which means that the U.S. Secret Service coordinates all federal assets and NYPD directs operational security.Other agencies,including the Department of Homeland Security,the FBI,and various state and local law enforcement authorities,are also participating to ensure that a comprehensive security plan is in place. For additional information concerning the 2004 Republican National Convention,you may visit the official Web site:www.gonconvention.com. The ESF-9 Leader for this activation is Dianne Wilson,and the Deputy ESF-9 Leader is Wanda Casey. The IST Leader is Jim Strickland office his cell phone at(703)599-5082. The ESF-9 Leader can be reached on her cell phone at(816)718-8197 or by pager at 800-759-8888,pin#: 1847219.The Deputy ESF-9 can be reached on her cell phone at 202-498-9567 and pager pin#1255412. The PA-TF1 Task Force has also been activated. Instructions: This is an Activation Order for the Blue 1ST. This order is effective 0001 hours on August 25 and will end on September 4,2004 at 2400 hours.Your travel arrangements should made through National Travel at 800-294-8283,per the invitational travel letter. Your point of arrival is Edison,NJ. All personnel are expected to be in Edison,New Jersey no later than Saturday,August 28 at 12:00 PM. Representatives of the IST-A will coordinate ground transportation arrangements and meet you there. Reimbursement of salaries,benefits and backfill costs for this mission will be in accordance with the Cooperative Agreement and Memorandum of Agreement between FEMA and the sponsoring agency for your task force. You do not have authorization for emergency procurement of equipment and supplies. Upon your return, each task force member will be allowed up to 24-hours of rehab time beginning when they go off duty after returning home. This time period is intended to provide personal time-off for those individuals who were scheduled to work. Any questions concerning this Activation Order should be addressed to the US&R Program Office at(202)646-3498. _ 18_ Item V-L7. RESOLUTIONS/ORDINANCES ITEM#53001 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution requesting the City's Congressional Delegation support federal fundingfor the Cooperative Purchase of Development Rights to properties affected by the Navy's OPNA VInstruction 11010.36B. Voting: 10-0(By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,Mayor Meyera E.Oberndorf Jim Reeve,Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 1 REQUESTED BY COUNCILMEMBER RON A. VILLANUEVA 2 3 4 A RESOLUTION REQUESTING THE CITY' S 5 CONGRESSIONAL DELEGATION TO SUPPORT FEDERAL 6 FUNDING FOR THE COOPERATIVE PURCHASE OF 7 DEVELOPMENT RIGHTS TO PROPERTIES AFFECTED BY 8 THE NAVY' S OPNAV INSTRUCTION 11010 . 36B 9 10 11 WHEREAS, the City of Virginia Beach and the United States 12 Navy have, for many years, enjoyed a mutually beneficial 13 relationship arising from the presence within the City of NAS 14 Oceana; and 15 WHEREAS, in December 2002, OPNAV Instruction 11010 .36B was 16 issued, effectively requiring the Navy to oppose residential and 17 certain other types of development in AICUZ Noise Zones of 65 dB 18 LDN or greater; and 19 WHEREAS, much of the remaining developable land within the 20 Princess Anne Transition Area of the City, as well as land in 21 other areas in which redevelopment would be of significant 22 benefit to the City, is within an AICUZ Noise Zone of 65 dB LDN 23 or greater, thereby requiring the Navy to oppose certain 24 proposed residential and other developments in those areas of 25 the City; and 26 WHEREAS, the City and the Navy, along with the cities of 27 Norfolk and Chesapeake, are engaged in a Joint Land Use Study 28 (JLUS) , the purpose of which is to develop collaborative 29 policies that enable the aforesaid cities to achieve important 30 land use objectives while enabling the Navy to continue to 31 attain vital military operational objectives; and 32 WHEREAS, one such collaborative policy potentially consists 33 of the cooperative purchase of the development rights to, or 34 other suitable interests in, property located in areas in which 35 the Navy opposes residential and other types of development 36 pursuant to OPNAV Instruction 11010 .36B, so as to allow the 37 owners of such property a reasonable return on their investments 38 while preventing development which is not fully compatible with 39 flight operations at NAS Oceana; and 40 WHEREAS, the success of the City' s Agricultural Reserve 41 Program, under which the City purchases the right to develop 42 property for any use other than an agricultural use, has 43 demonstrated the effectiveness and fairness of a program under 44 which landowners are offered a viable and voluntary alternative 45 to developing their property; and 46 WHEREAS, the interests of the Navy, as well as those of the 47 City of Virginia Beach, would be advanced by a program in which 48 the Navy and the City cooperatively purchase the development 49 rights to properties affected by OPNAV Instruction 11010 . 36B; 50 and 51 WHEREAS, there exists significant precedent for the 52 expenditure of federal funds for the acquisition of restrictive 2 53 covenants or other interests in property so as to minimize or 54 avoid conflicts between development or redevelopment and 55 military flight operations; 56 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 57 OF VIRGINIA BEACH, VIRGINIA: 58 FIRST: 59 That the City' s Congressional delegation is hereby 60 requested to support federal funding for the cooperative 61 purchase of development rights to properties affected by the 62 application of OPNAV Instruction 11010. 36B; and 63 SECOND: 64 That the City Clerk is hereby directed to transmit a true 65 copy of this Resolution to the members of the City' s 66 Congressional delegation. 67 68 Adopted this 14th day of September , 2004, 69 by the Council of the City of Virginia Beach, Virginia. 70 71 72 CA-9376 73 OID\ordres\villanuevares .doc 74 R-2 75 September 8, 2004 76 77 78 Approved as to Legal Sufficiency: 79 80 /1/ I - /I/ Plihed 81 City Attorney' s Office 3 - 29_ Item V-J. PLANNING 1. RICHARD RIGGS VARIANCE 2. COLONIAL BAPTIST CHURCH CONDITIONAL USE PERMIT 3.a/b HERTZ LOCAL EDITION CONDITIONAL USE PERMITS Motor vehicle rentals 3205 Virginia Beach Boulevard 5476 Virginia Beach Boulevard 4. JONATHAN B. KING CONDITIONAL USE PERMIT 5. THOMAS RITCHIE,FINE EDGE CONDITIONAL USE PERMIT LAWN& LAND, INC. 6. VIRGINIA BEACH COMMUNITY DEVELOPMENT CONDITIONAL USE PERMIT CORPORATION(VBCDC) 7. DR. JOHNNY'S APPLIANCES MODIFICATION OF PROFFERS re CONDITIONAL CHANGE OF ZONING (Approved January 25, 1994) 8. ESI PROPERTIES II,L.L.C. and KAMEREK MODIFICAHON OF PROFFERS re PROPERTY II,L.L.C. CONDITIONAL CHANGE OF ZONING (Approved July 9, 1996) 9. WOMACK CHAPPELL,L.L.C. MODIFICAHON OF PROFFERS re J/k/a Linda T. Chappell CONDITIONAL CHANGE OF ZONING (Approved May 14, 2002) September 14, 2004 - 30- Item V-J. PLANNING ITEM#53002 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Items 1, Z 3a/b, 5, 6, 7, 8 and 9 of the PLANNING BY CONSENT AGENDA. Voting: 10-0(By Consent) Council Members Voting Aye.' Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S McClanan, Richard A.Maddox,Mayor Meyera E. Oberndorf, Jim Reeve,Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Mayor Oberndorf and Councilman Schmidt voted a VERBAL NAY on Item JI. (RICHARD RIGGS VARIANCE) Council Lady McClanan voted a VERBAL NAY on Item 15 RITCHIE, FINE EDGE LAWN& LAND, INC) September 14, 2004 - 31 - Item V-J. I. PLANNING ITEM#53003 Upon motion by Vice Mayor Jones,seconded by Councilman Reeve, City CouncilAPPROVED the Petition for a Variance to§4.4(6)that requires all newly created lots meet all the requirements of the City Zoning Ordinance(CZO) for RICHARD RIGGS to exclude floodplain areas subject to special restrictions from counting towards minimum lot area and width requirements. (DISTRICT 7—PRINCESS ANNE) Appeal to Decisions of Administrative Officers in regard to certain elements ofthe Subdivision Ordinance,Subdivision for Richard Riggs. Property is located at 3120 Colechester Road (GPIN 24233193430000). DISTRICT 7—PRINCESS A NNE Voting: 8-2 (By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf and Peter W. Schmidt Council Members Absent: Harry E. Diesel September 14, 2004 - 32- Item V-J.2. PLANNING ITEM#53004 Upon motion by Vice MayorJones,seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of COLONIAL BAPTIST CHURCH for a Conditional Use Permit for a church ORDINANCE UPON APPLICATION OF COLONIAL BAPTIST CHURCH FORA CONDITIONAL USE PERMIT FOR A CHURCH(EXPANSION) RO90431190 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA REACH, VIRGINIA Ordinance upon Application of Colonial Baptist Church for a Conditional Use Permit for a church (expansion)on property located at 2221 Centerville Turnpike (GPIN 14549696120000). DISTRICT 1—CENTERVILLE The following conditions shall be required: I.The additions and future buildings on the church's property shall be located and constructed in substantial conformance with the concept plan entitled"EXHIBIT A,COLONIAL BAPTIST CHURCH, CONDITIONAL USE PERMIT, VIRGINIA BEACH, VA," prepared by Hoggard/Eure Associates,P.C., which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2.All new structures identified on the concept plan described in condition #1 above,shall be constructed with brick exterior to match that of the existing church and shall he in substantial conformance with the elevations entitled "NEW FACILITY, COLONIAL BAPTIST CHURCH,NEW OFFICEBUILDING,"dated June 17,2004,prepared by Barnes Design Group Architecture, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. All elevations shall he.submitted to the Planning Director for final review and approval prior to the issuance of the building permit. 3.The existing solid, six(6)foot high privacy fence along the western property line shall be maintained in good condition at all times. All grassed areas along the fence line shall also he mowed and maintained free of vines and weeds at all times. This Ordinance shall he effective in accordance with Section 107(f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia. on the 14th of September, Two Thousand Four Voting: 10-0(By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R.Jones,Reba S McClanan,Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 - 33 - Item V-J.3.a. PLANNING ITEM#53005 Upon motion by Vice Mayor Jones,seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of HERTZ LOCAL EDITION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HERTZ LOCAL EDITION FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTALS 8090431191 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Hertz Local Edition far a Conditional Use Permit for motor vehicle rentals on property located at 3205 Virginia Beach Boulevard(GPIN 14970530260000). DISTRICT 3—ROSE HALL The following conditions shall he required.' 1. The hours of operation shall be Monday through Friday, 7:30 A.M. to 6:00 P.M., and Saturday, 9:00 A.M. to 12:00 P.M. 2. The twelve(12)motor vehicles available Jbr rent shall be parked toward the rear of the site as depicted on the submitted plan titled "Exhibit of Hertz- Shomier's Shopping Center,3205 Virginia Beach Boulevard, Virginia Beach, Virginia",prepared by MSA, PC and dated 06/01/04. This plan is on file in the City of Virginia Beach Planning Department. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent on the site. 4. There shall be no vehicle repair performed on the site. There shall be no storage of inoperable, wrecked or dismantled vehicles on the site. 5. The proposed freestanding sign shall not exceed eight (8)feet in height. There shall be no signs placed within the windows, on the doors or on the building. There shall be no pennants, banners, streamers or portable signs placed on the site or on the vehicles. 6. All lighting on the site shall be directed downward and into the site. There shall be no light spillover onto adjacent sites or the public right-of way. Voting: 10-0(By Consent) Council Members Voting Aye: Robert M Dyer, ViceMayor Louis R.Jones,Reba S.McClanan,Richard A.Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Hatay E. Diezel September 14, 2004 - ;4 - Item V-J.3.1). PLANNING ITEM#53006 Upon motion by Vice Mayor Jones,seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of HERTZ LOCAL EDITIONfar a Conditional Use Permit: ORDINANCE UPON APPLICATION OF HERTZ LOCAL EDITION FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE RENTAL RO90431192 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon Application ofhertz Local Edition for a Conditional Use Permit/Or motor vehicle rental on property located at 5476 Virginia Beach Boulevard, Suite 112 (GPIN 14674822940000). DISTRICT 2—KEMPSVILLE The following conditions shall be required.. 1. The hours of operation shall be Monday through Friday, 7:30 am to 6:00 pm, and Saturday, 9:00 am to 12:00 pm. 2. The fifteen motor vehicles available for rent shall be parked in the back of the site as depicted on the submitted plan titled "Exhibit ofHertz-Scores Plaza, 5476 Virginia Beach Boulevard, Virginia Beach, Virginia", prepared by MSA, PC and dated 06/01/04. Said plan is on file in the City of Virginia Beach Planning Department. 3. There shall be no panel trucks, utility type trailers or moving type trucks available for rent on the site. 4. There shall be no vehicle repair performed on the site. There shall be no storage ofinoperable,wrecked or dismantled vehicles on the site. 5. Signage is limited to building signs only. There shall be no signs placed within the windows or on the doors. There shall be no pennants,banners,streamers orportablesigns placed on the site or on the vehicles. 6. All lighting on the site shall be directed downward and into the site. There shall be no light spillover onto adjacent sites or the public right-of-way. 7. All fencing around the perimeter of the site shall he repaired or replaced, where needed. 8. Existing landscaping is unkempt and shall be bought into a maintainable condition, Le.pruning shrubs, trimming trees and replacing ground cover. Street frontage landscaping shall he installed, or augmented, where necessary. All dead landscaping on the site shall be replaced, where needed. September 14, 2004 - 35- Item V-J.3.b. PLANNING ITEM#53006(Continued) This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia, on the 14th of September Two Thousand Four Voting: 10-0(By Consent) Council Members Voting Aye: Robert Al Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA.Maddox,Mayor Meyera E.Oberndorf Jim Reeve,Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 - 36- Item V-J.4. PLANNING ITEM#53007 The fallowing registered in SUPPORT: Attorney Barty Koch, Phone: 486-7055, represented the applicant, and advised Mr. King prepares Firearms for the Navy,and sells them in his home.He does not have an inventory and has been conducting this occupation for thirteen (13)years. The City of Virginia Beach changed their regulations concerning firearms requiring a Conditional Use Permit. Jonathan R. King, 224 Gatewood Avenue, Phone: 463-8327, the applicant, advised a purchaser would contact Mr.King re a particular firearm. Mr. King would then do a minor background check and then check with his distributors re the best price. Mr. King would pay for the firearm to be delivered to his house(signature required).1f Mr.King is not home, his next door neighbor(a Minister)would receive the package and sign for it. The purchaser will then come to Mr. King's home. complete a State Police limn and a Federal form. Mr. King will call the State Police using a picture and two Prins of identification confirming the purchaser's residence. The State Police would then inform Mr. King of the background check. Over a period of thirteen years approximately 3,000 firearms have been sold. The following registered in OPPOSITION: Barbara Clark, 411 16h Street, Phone: 332-3567, Vice Chair of the Resort Beach Civic League and President of the 16h and Arctic Community Association, of which all have voted to OPPOSE Marie-Louise LaFond, 400 16h Street, Phone; 422-1956, owner of Barclay College Bread and Breakfast Mitchell Dunbar, 1234 East Ocean View Avenue, Phone:588-5787, owner of Superior Pawn and Gun Shop A MOTION was made by Councilman Maddox, seconded by Councilman Reeve to ADOPT an Ordinance upon application of JONATHAN R. ICING for a Conditional Use Permit re a home occupation (fireartn sales) with the revised condition. The Conditional Use Permit shall be ud,nL,iahut;ray,e vie wed on urc uunuulluab reviewed by City Council on an annual basis. (City Staff shall develop a comprehensive policy and bring back to City Council within sixty(60) days) A SUBSTITUTE MOTION was made by Councilman Villanueva, seconded by Councilman Schmidt to DEFER for sixty(60)days an Ordinance upon application of JONATHAN R.KING for Conditional Use Permit re a home occupation (firearm sales). This DEFERRAL will enable City staff to develop a comprehensive policy. Voting: 5-5 (MOTION LOST TOA TIE VOTE) Council Members Voting Aye: Robert Al Dyer, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, Peter W. Schmidt and Ron A. Villanueva Council Members Voting Nay: Reba S. McClanan, Richard A. Maddox, Jim Reeve, Rosemary Wilson and James L. Wood Council Members Absent. Harry E. Diezel September 14, 2004 - 37- Item V-J.4. PLANNING ITEM#53007(Continued) Upon the Main Motion by Councilman Maddox,seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application ofJONATHANR.KING for Conditional Use Permit re a home occupation (firearm sales). ORDINANCE UPON APPLICATION OF JONATHAN R. KING FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (FIREARM SALES) RO90431193 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Jonathan R. King for a Conditional Use Permit for a home occupation firearm sales)on property located at 224 Gatewood Avenue (GPIN 24070256260000). DISTRICT 6— BEACH The following conditions shall be required: I. Not more than twenty (20) percent of the floor area of the dwelling unit and accessory structures shall he used in the conduct of activity associated with the home occupation. 2. There shall be no sign identifying the business on the exterior of any building on the property or within the yard of the property. 3. The Conditional Use Permit shall be nd..d.Lat.uti vely,e vlcwt.() reviewed by City Council on an annual basis. (City Staff shall develop a comprehensive policy and bring back to City Council within sixty(60) days) 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 14th of September Two Thousand Four Voting: 6-4 Council Members Voting Aye: Robert M. Dyer, Richard A. Maddox, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Peter W. Schmidt Council Members Absent: Harry E. Diezel September 14, 2004 - 38- Item V-J.5. PLANNING ITEM#53008 Upon motion by Vice Mayor Jones,seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of THOMAS RITCHIE, FINE EDGE LAWN& LAND, INC.for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THOMAS RITCHIE, FINE EDGE LAWN &LAND, INC. FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE RO9043/194 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Thomas Ritchie, Fine Edge Lawn &Land, Inc. for a Conditional Use Permit for bulk storage on property located at 400 First Colonial Road (GPIN 24078651060000). DISTRICT 6—BEACH The following conditions shall be required: I. Screen,consisting of a six foot(6)privacy fence and a hedge of evergreen shrubs (Category I) shall be installed surrounding the existing fenced area, with the exception of the ingress/egress. A variance to the screening requirement of the fenced area will not be made to the Board of Zoning Appeals. 2. The equipment storage yard and drive may be gravel,provided a waiver of on- site improvements is requested and approved by the Planning Director. 3. All equipment, machinery and landscaping materials shall be stored within the fenced area. 4. "Tiers displayed out front as part of the landscaping associated with the signage shall be limited to no more than five(5). 5. Development of the site shall be in substantial compliance with the site plan submitted with this variance application. 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 14th of September Two Thousand Four Voting: 9-1 (By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: Harry E. Diezel September 14, 2004 -39- Item V-J.6. PLANNING ITEM#53009 Upon motion by Vice Mayor Jones,seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of the VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION FOR A CONDITIONAL USE PERMIT FOR A FACILITY FOR THE DISABLED RO90431195 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the Virginia Beach Community Development Corporation for a Conditional Use Permit Or a facility for the Disabled on property located at the eastern side of West Neck Road approximately 2,000 feet south of North Landing Road(GPIN 14399970530000). DISTRICT 7—PRINCESS ANNE The following conditions shall be required: 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout Plan of Biznet Residential Village, Virginia Beach, Virginia", prepared by MSA, PC, and dated 8/23/04. Said plan is on file in the City of Virginia Beach Planning Department. 2. The proposed buildings shall be constructed substantially in accordance with the submitted elevation titled 'BIZ-NET VILLAGE", dated 7/21/04. Said plan is on file in the City of Virginia Beach Planning Department.Before construction of the buildings,the applicant sshall submit to the Planning Director, or his designee, brick and paint samples proposed fbr the buildings. This Ordinance shall be effective in accordance with Section 107(1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th of September Two Thousand Four Voting: 10-0(By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,Mayor Meyera E. Oberndorf Jim Reeve,Peter W. Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 -40- Item V-J.7. PLANNING ITEM#53010 Upon motion by Vice Mayor Jones,seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of DR. JOHNNY'S APPLIANCES for a MODIFICATION of Conditions re request approved by City Council on January 25, 1994 (Harold Dean Flora, Sr. & Mary Ellen Flora)for a,sign: ORDINANCE UPON APPLICATION OF DR. JOHNNY'S APPLIANCES FOR A MODIFICATION OF CONDITIONS FOR A REQUEST APPROVED BY CITY COUNCIL ON JANUARY 25, 1994 (HAROLD DEAN FLORA, SR. &MARY ELLEN FLORA BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Dr. Johnny's Appliances for a Modification of Conditions for a request approved by City Council on January 25, 1994 (Harold Dean Flora, Sr & Mary Ellen Flora). Property is located at 1941 General Booth Boulevard (GPIN 24152048380000). DISTRICT 7—PRINCESS ANNE The following condition shall be required: 1. A Modification Agreement dated July 26, 2004, encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 U) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th of September, Two Thousand Four Voting: 10-0(By Consent) Council Members Voting Aye: Robert M Dyer, 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: Harry E. Diezel September 14, 2004 s4yt"'`�sEq�y s CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE TPR In Reply Refer To Our File No. DF-5945 DATE: August 25, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macau - DEPT: City Attorney RE: Conditional Zoning Application Clifton Ventures,Inc.t/a Dr. Johnny's Appliances The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 2004. I have reviewed the subject proffer agreement, dated July 26, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen CLIFTON VENTURES, INC., a Virginia corporation ("Applicant") AND JOHN L. CLIFTON and THOMASA A. CLIFTON ("Owners") TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFICATION AGREEMENT is made this ,gt,dh day of In, ��/ , 2004, by and between CLIFTON VENTURES. INC., a Virginia corporation, t/a Dr. Johnny's Appliances ("Applicant"), for recording purposes Grantor; and JOHN L. CLIFTON and THOMASA A. CLIFTON ("Owners"), for recording purposes Grantors; and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), Grantee. WITNESSETH: WHEREAS, John L. Clifton and Thomasa A. Clifton are the owners of a certain parcel of property located in the City of Virginia Beach, Virginia, as more particularly described on Exhibit "A" attached hereto and incorporated herein by this reference ("Property"); and WHEREAS, the Owners are the sole shareholder, board of directors and officers of the Applicant which conducts and operates its business at the Property; and WHEREAS, the Applicant and Owners have filed a Modification of Conditions Application addressed to the City so as to modify certain proffered covenants, restrictions and conditions dated December 22, 1993 recorded in Clerk's Office for the City of Virginia Beach, Virginia in Deed Book 3340 at page 0824 ("Original Proffers") filed in connection with a Conditional Change of Zoning District Classification of B-2 Business District filed by the previous owners of the Property; and WHEREAS, the City's policy is to provide only for the orderly development of land for GPIN: 2415 20 4838 0000 Prepared by Wolcott Rivers P.C. various purposes through zoning and other land development legislation; and WHEREAS,the Applicant and Owners acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Applicant's use of the Property is zoned: and WHEREAS, the Applicant and Owners have voluntarily filed a Modification to the Original Proffers, in writing, in advance of and prior to the public hearing before the City, NOW, THEREFORE, the Grantors, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the City or its governing body and without any element of compulsion or quid pro cuo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following modification to the Original Proffers which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this modification to the Original Proffers shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantee, and other successors in interest or title: 1 . Paragraph 7, Page 3 of the Original Proffers are hereby amended in its entirety and replaced with the following language: "Free-standing signage shall be of a monument style with internally illuminated lighting." 2. The remaining conditions and covenants of the Original Proffers remain -2- unchanged and are incorporated herein and made a part hereof. 3. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: 1 . The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia,to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any -3- noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE. WITNESS the following signatures and seals: GRANTOR: CLIFTON VENTURES, INC. AAVi�rggiinia corporation ' .Tad rdA," '7,u // John L. Clifton, President -4- • GRANTORS: &C/ o ht L. Clifton Thomasa A. Clifton STATE OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this ,.,74 4 day oft,Ag , 2004, by John L. Clifton, President of Clifton Ventures, Inc., a Virginia corporation. Notublic My commission expires: 3-3/-OS STATE OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this - b41 day of T. /t , 2004, by John L. Clifton and Thomasa A. Clifton. Notary HLblic My commission expires: • L:\wp\DMB\Clifton Ventures\Sign permit\Modification of Proffers (revised 0722041.wpd • -5- Exhibit "A" PARCEL I: ALL THAT certain lot, piece or parcel of land, lying, situate and being in Princess Anne borough in the City of Virginia Beach, State of Virginia, known and designated as "A" on plat entitled "SUBDIVISION OF PART OF FARM NO. 1, PLAT OF L.L.WINDER PROPERTY, Princess Anne Borough, Virginia Beach, Va., for William H. & Rosa H. Smith, Scale 1"=50', Oct., 1966, C. A. Bamforth, C.L.S., Virginia Beach, Va.",which plat is of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 71, at page 7, reference to said plat being hereby made for a more particular description of said property. LESS AND EXCEPT that portion of land take by the City of Virginia Beach, Virginia as evidenced by the Certificate of Taking recorded in Deed Book 2261, at page 33, and by Order recorded in Deed Book 2313, at page 1450,which portion of land is further described and shown in State Highway Plat Book 166, at page 16. PARCEL II: ALL THAT certain lot,piece or parcel of land lying, situate and being in the City of Virginia Beach, Virginia, and being more particularly described as follows: BEGINNING at a pin where the southerly line of Parcel A-1 intersects General Booth Boulevard, as shown on that certain plat entitled:°PARCEL A-1 BEING A RESUBDIVISION OF PROPERTY OF JOHN L. CLIFTON AND THOMASA A. CLIFTON AS DESCRIBED IN DEED BOOK 4122,AT PAGE 1767 AND PARCEL 3-A-3 CORPORATE LANDING AS SHOWN IN MAP BOOK 304 AT PAGES 34 THROUGH 36 FOR THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY VIRGINIA BEACH,VIRGINIA',which is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200304140057260 thence N 42° 17'14"W, a distance of 31.57'feet to a pin; thence N 42° 1714"W, a distance of 143.43;to a point which is the true point of beginning, thence N 42° 1714" W, 60.98'to a pin; thence N 47° 4746"W, 150.00 feet to a pin; thence S 42°17;14" E. 60.98 feet to a point; thence S 47°42'46"W, 150.00 feet to the point of beginning. LAwp\DAB\Ulfton Vnlres SignpemllGiflon Iegal.wpd July 23,2004 0144ALg - 41 - Item V-J8. PLANNING ITEM#53011 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED Ordinance upon application of ESI PROPERTIES II, L.L.C. and KAMAREK PROPERTY II, L.L.C. for a MODIFICATION of Conditions (Proffer No. 1) re a Conditional Change of Zoning approved by City Council on July 9, 1996(Electronic Systems, Inc.) ORDINANCE UPON APPLICATION OF ESI PROPERTIES IL L.L.C. AND KAMAREK PROPERTY II, L.L.C. FOR A MODIFICATION OF CONDITIONS FOR CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION APPROVED BY CITY COUNCIL ON JULY 9, 1996(ELECTRONIC SYSTEMS, INC) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application ofESlProperties II,L.L.C. and Karnarek Property II, L.L.C.for a Modification of Conditions for a Conditional Change of Zoning District Classification approved by City Council on July 9, 1996 (Electronic Systems, Inc.). Property is located on the southwest side ofExpressway Drive,approximately 270 feet northwest of Edwin Drive (GPINS 14776062640000; 14766956570000). DISTRICT 3—ROSE HALL The following condition shall be required: 1. An Agreement encompassing the modified proffer shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. 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 14th of September, Two Thousand Four Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Vice Mayor Louis R. Jones, Reba S McClanan, Richard A.Maddox,MayorMeyera E. Oberndorf Jim Reeve,Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel .Senternher 14 2004 ,Abfi CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE tr,' in Reply Refer To Our File No. DF-5940 DATE: August 25, 2004 TO: Leslie L. Lilley /^ /� DEPT: City Attorney FROM: William M.Macali (A ` DEPT: City Attorney RE: Conditional Zoning Application ESI Properties and Kamerek Properties The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 2004. I have reviewed the subject proffer agreement, dated July 22, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen AMENDMENT TO CONDITIONS THIS AMENDMENT TO CONDITIONS ("Amendment") made this 07, 11 day of July, 2004, by and between ESI PROPERTIES II, LLC, a Virginia limited liability company, successor-in-title to ELECTRONIC SYSTEMS, INC., a Virginia corporation and KAMAREK PROPERTY II, LLC, a Virginia limited liability company ("Owner"), GRANTORS, and CITY OF VIRGINIA BEACH, a municipal corporation of the commonwealth of Virginia, GRANTEE, provides and states as follows: WITNESSETH: WHEREAS, ESI PROPERTIES, LLC is the owner of a parcel of real property located in the City of Virginia Beach, GPIN NO: 1477-60-6241-0000, more particularly described as Parcel One on Exhibit A, attached hereto and incorporated herein by reference; and WHEREAS, KAMAREK PROPERTY II, LLC is the owner of a parcel of real property located in the City of Virginia Beach, GPIN NO: 1476-69-5657-0000, more particularly described as Parcel Two on Exhibit A, attached hereto and incorporated herein by reference; and PREPARED BY: INMAN & STRICKLER,PLC 575 LYNNHAVEN PARKWAY, SUITE 200 VIRGINIA BEACH, VA 23452 GPINS: 1477-60-6264-0000 (Parcel One) 1476-69-5657-0000 (Parcel Two) WHEREAS, the current zoning of the real property described in Exhibit A as Parcel One is I-1 and the current zoning of the real property described in Exhibit A as Parcel Two is 0-2; and WHEREAS, said parcels being collectively referred to herein as the "Property"; and WHEREAS, due to certain changes in circumstances, GRANTOR has initiated modifications to a conditional amendment to the Zoning Map of the City of Virginia Beach by petition addressed to GRANTEE so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, GRANTOR has requested GRANTEE to permit this modification to the previously proffered covenants and conditions dated May 15, 1996, recorded in Deed Book 3636, at page 1637 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, (the "Clerk's Office"), to reflect the amendments applicable to the land use plan on the Property; and WHEREAS, GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, GRANTOR has voluntarily proffered, in writing in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed modifications to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted which conditions have a reasonable relation to the proposed modifications and the need for which is generated by the proposed modification. NOW, THEREFORE, the GRANTOR, its successors, assigns, GRANTEES and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of covenants and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this Declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors, assigns, GRANTEES and other successors in interest or title: 1. Proffer A is hereby amended to read: The revised site plan submitted to the Department of Planning herewith and entitled "Conceptual Site Layout & Landscape Plan of Edwin Professional Park, Edwin Drive, Virginia Beach, VA" dated 3/24/04 (the "Site Plan") is incorporated herein by reference and forms a part of this Agreement. 2. All of the terms, covenants and conditions set forth in the Agreement to Covenants and Restrictions dated May 15, 1996 and recorded in the Clerk's Office Deed Book 3636, at page 1637, save and except Proffer A, as specifically amended and modified herein, shall remain in full force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through GRANTOR, its assigns, tenants and other successors in interest or title. GRANTOR further covenants and agrees that: The above conditions, having been proffered by GRANTOR and allowed and accepted by GRANTEE as part of the Amendment to the Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date of this Amendment is approved by the Virginia Beach City Council ("Zoning Ordinance"), shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of GRANTEE, after a public hearing before GRANTEE which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attached to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and GRANTEE. WITNESS the following signature and seal. GRANTOR: ESI PROPERTIES II, LLC a Virginia limitedteliability company By: Kat WILLIAM G. KAMAREK Managing Member GRANTOR: KAMAREK PROPERTY II, LLC a Virginia limited liability company By: WILLIAM G. KAMAREK Managing Member COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Acknowledged before me, the undersigned Notary Public, in and for the City and State aforesaid, by WILLIAM G. KAMAREK, Managing Member of ESI Probes II, LLC, a Virginia limited liability company, on behalf of said company, this ca /IQ day of July, 2004. i/J 1 I(/ Notary Public My commission expires: 11311 00 (3 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Acknowledged before me, the undersigned Notary Public, in and for the City and State aforesaid, by WILLIAM G. KAMAREK, Managing Member of KAMAREK PROnR7Y H, LLC, a Virginia limited liability company, on behalf of said company, this day of July, 2004. / Notary Public My commission expires: ' 3 iP61 2 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, and being known as Parcel B-A, containing 5.670 acres of land, more or less, as shown on that certain plat entitled "Resubdivision of Parcel B, Subdivision of a portion of Branksome Drive, Kempsville Borough, Virginia Beach, Virginia", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2458 at page 2197. TOGETHER WITH non exclusive easements in, or over and across Parcel A (as shown on the aforementioned plat) for access, ingress and egress to and from Parcel B-A to Holland Road created pursuant to, and subject to, and governed by that certain "Declaration of Easements Affecting Holland Office Park Parcel A and Parcel B-A" dated August 22, 1991, made by Holland Office Park Associates, et al, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 3040, at page 1654. IT BEING the same property conveyed unto ESI Properties, II, L.L.C., by deed from Electronic Systems, Inc., a Virginia corporate, dated December 20, 1996 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, In Deed Book 3694, at page 1173, and by deed from Kamarek Family Limited Partnership, a Virginia limited liability partnership, dated December 20, 1996, and duly recorded in the aforementioned Clerk's Office in Deed Book 3694, at page 1170. PARCEL TWO All that certain tract, piece or parcel of land, with all improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia, and being designated and described as `B-2-B" on that certain plat entitled "Subdivision of Parcel B-2, Property of Expressway Construction Company, Kempsville Borough, Virginia Beach, Virginia", dated September 24, 1982, prepared by Engineering Services, Inc., Virginia Beach, Virginia, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 160 at page 49, to which plat reference is made for a more particular description of the property IT BEING the same property conveyed unto Kamarek Property II, LLC, a Virginia limited liability company, by deed from Luke Construction Company, Inc., a Virginia corporation, dated July 1, 2003, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as instrument number 200308250133017. - 42- Item V-J.9 PLANNING ITEM#53012 Upon motion by Vice Mayor Jones,seconded by Councilman Reeve,City Council ADOPTED an Ordinance upon application of WOMACK CHAPPELL, L.L.C.f/k/a Linda T. Chappell for a Modification of Conditions for a Conditional Change of Zoning District Classification from AG-1 Agricultural District to FI Light Industrial District(approved by City Council on May 14, 2002) re the side yard setback up to London Bridge Road at 2599 Dam Neck Road: ORDINANCE UPON APPLICATION OF WOMACK CHAPPELL, L.L.C. F/K/A LINDA T. CHAPPELL FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION APPROVED BY CITY COUNCIL ON MAY 14, 2002 (LINDA T CHAPPELL) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Womack Chappell, L.L.C.f/k/a Linda T. Chappell for a Modification ofConditions for a Conditional Change of Zoning District Classification approved by City Council on May 14, 2002(Linda T Chappell). Property is located at 2599 Dam Neck Road (GPIN 14957583990000). DISTRICT 6—BEACH The following condition shall be required: 1. A Revised Agreement, dated April 30, 2004, encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107(I) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the 14th of September, Two Thousand Four Voting: 10-0(By Consent) Council Members Voting Aye: Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A.Maddox,MayorMeyera E.Oberndorf Jim Reeve,Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel September 14, 2004 SQy+.N!A BEgch 04 Gsitr{an L!P z CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5937 DATE: August 25, 2004 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macau OP�p" DEPT: City Attorney RE: Conditional Zoning Application Womack Chappell, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on September 14, 2004. I have reviewed the subject proffer agreement, dated April 30, 2004, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/nlb Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS WOMACK CHAPPELL, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of April 2004, by and between WOMACK CHAPPELL, L.L.C., a Virginia limited liability company, Property Owner, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Property Owner is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, containing approximately 25.711 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcel is hereinafter referred to as the "Property"; and WHEREAS, the Property is subject to "Proffered Covenants, Restrictions and Conditions" dated January 14, 2002 accepted by the Grantee and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4698, at Page 0794 ("Proffer"). WHEREAS, the Grantor has requested the Grantee to accept modifications and amendments to the Proffered Covenants, Restrictions and Conditions ('Proffer") recorded in Deed Book 4698, at Page 0794, which amendments and modifications are set forth herein; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and PREPARED BY I6 SYKES.BOURDON. P 8399 75 GPIN: 1495- - art L MEAN&LEVY.Pc_ ( ) 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to 'recognize the effects of change that will be created by the Grantor's proposed use, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, the following amendment to the previously proffered conditions related to the physical development, operation, and use of the Property to be incorporated as a part of the previously adopted amendment to the Zoning Map. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended and modified declaration of conditions, covenants, restrictions as to the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title. 1. Proffer numbered "2"is amended to read: The parcels shall be subject to the following mandatory site development guidelines: a) A fifty foot (50') Landscape setback from Dam Neck Road shall be maintained by the Property Owners Association and no improvements shall be located within the Landscape setback. PREPARED eY. b) A twenty foot (20') Landscape setback from London Bridge Road MB SYKES. BOURDON. shall be maintained by the Property Owners Association and no A}IERN&LEVY.P.C. improvements shall be located within the Landscape setback. 2 c) A minimum fifty foot (50') building setback shall be required from London Bridge Road. d) A minimum thirty foot (30') side yard building setback shall be required on those lots with a rear property line which abuts Dam Neck Road. e) A minimum fifteen foot (15') side yard building setback shall be required on those lots which do not have a property line abutting Dam Neck Road, provided a ten foot (10') wide Category II Landscape Buffer is maintained along the entire length of the side property line from which the fifteen foot (15') setback is measured. f) No freestanding signage shall be permitted adjacent to either Dam Neck Road or London Bridge Road and all signage shall comply with the "SIGN CRITERIA FOR TAYLOR FARM CORPORATE PARK', dated March 15, 2002 which are included in the Deed Restrictions described in Proffer number 3. g) No onsite vehicular parking, outdoor storage, loading docks, or loading areas shall be permitted between Dam Neck Road and any building on a parcel adjacent to Dam Neck Road. h) No building shall exceed forty-five feet (45') in height and the primary exterior surface of all buildings shall be either brick, split face block, painted block, concrete panel, stone, wood, E.I.F.S., or metal and shall be an earth-tone color or colors. The exterior surface of any building on parcels numbered 8 through 14 on the site plan, which are visible from Dam Neck Road shall be either brick, split face block or stone. 2. All of the terms, conditions, covenants, and agreements set forth in the Proffer, save and except proffer numbered "2" which is amended herein, are ratified, affirmed and remain binding upon the Property and upon all parties and persons claiming under, by or through the Grantor. PREPARED BY: rle SYKES.BOURDON. All references hereinabove to the I-1 Zoning District and to the requirements and MI NIEPN&LEVY.P.0 regulations applicable thereto refer to the Comprehensive Zoning Ordinance and 3 1. Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be PREPARED BY: SITES.ROURDON. appropriate; rWERN&LEVY.RC 4 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. PREPARED BY'. RdSITES.BOURDON. NIERN&LEVY.P.C. 5 WITNESS the following signature and seal: GRANTOR: WOMACK CHAPPELL, L.L.C., a Virginia limited liability company B _(SEAL) Jerr omack, Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this 3rd day of May 2004, by Jerry Womack, Member of Womack Chappell, L.L.C., a Virginia limited liability company, on behalf of said corporation. Notary Public My Commission Expires: August 31, 2006 PREPARED BY: SYKES.BOURDON. AFIERN&LEVY.P.C. 6 EXHIBIT "A" Metes and Bounds Description Proposed Taylor Farms Industrial Park Development Beginning at a point on the southern right-of-way line of London Bridge Road, said point being on the dividing line of property of The Edmonds Company Virginia (Deed Book 2392 ' at page 1066) and Taylor Farms LLC (Deed Book 3799 at page 1331), thence along the southern right-of-way line of London Bridge Road along a curve to the left having a radius of 1949.86 feet and an arc length of 334.43 feet and whose chord bearing and distance are South 74° 52' 54" East — 334.02 feet; thence, South 79° 47' 43" East -1101.74 feet; thence, departing the southern right-of-way line of London Bridge Road across the lands of Taylor Farms LLC South 10° 12' 17" West — 275.00 feet; thence, South 79° 47' 43" East - 11.91 feet; thence, South 10° 12' 17" West — 466.19 feet to a point on the northern right-of-way line of Dam Neck Road; thence, along the northern right-of-way line of Dam Neck Road in a westerly direction, North 78° 36' 53" West— 1728.63 feet; thence, North 11° 23' 07" East — 45.00 feet; thence, North 78° 36' 53" West — 634 feet to a point on the dividing line of property of Taylor Farms LLC and The Edmunds Company Virginia; thence along the dividing line of the above mentioned parcels North 61° 23' 28" East — 286.69 feet; thence, North 12° 53' 59" East — 97.67 feet; thence, North 13° 54' 14" East — 175.28 feet; thence, North 4° 41' 19" East— 97.91 feet; thence, North 32° 33' 49" East - 150.77 feet to the point of beginning. The above referenced metes and bounds description encompassing 25.711 acres. GPIN: 1495-75-8399 (PART OF) MOD CONDITIONS.4VOMACKCHAPPELLTROFFERS REV.6/25/04 PREPARED BY. $�SYFES.POURDON. MI AHERN&LEVY.PC. 7 - 43- Item V-K.1. PLANNING ITEM#53013 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BICYCLE and TRAILS ADVISORY COMMITTEE HISTORICAL REVIEW BOARD MINORITY BUSINESS BOARD PUBLIC LIBRARY BOARD REVIEW AND ALLOCATION COMMITTEE(COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD September 14, 2004 - 44- Item 4=N ADJOURNMENT ITEM#53014 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:32 P.M. 4 Ira Beverly O. Hooks, CMC Louis R. Jones Chief Deputy City Clerk Vice Mayor e . i _ _ 'uth Hodges Smith, MMC Meyera E Oberndorf City Clerk Mayor City of Virginia Beach Virginia September 14, 2004 - 44- Item V-N. ADJOURNMENT ITEM#53014 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:32 P.M. Beverly . Hooks, CMC Louis R. Jones VVV Chief Deputy City Clerk Vice Mayor Ruth Hodges Smith, MMC Meyera E. berndorf City Clerk Mayor City of Virginia Beach Virginia September 14. 2004