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HomeMy WebLinkAboutOCTOBER 12, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYORMEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District 1 REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX. Beach - District 6 .JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES 1. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE 1. LILLEY CITY CLERK - RUTH HODGES SMITH, MUC 12 October 2004 I. CITY COUNCIL BRIEFING - Conference Room - 1 :00 PM A. VIRGINIA BEACH 2007 Mac Rawls, Chair II. CITY MANAGER BRIEFINGS A. PROPERTY MAINTENANCE CODE AMENDMENTS Andrew M. Friedman, Director - Housing and Neighborhood Preservation B. BICYCLES and OTHER WHEELED DEVICES Vanessa Valldejuli, Assistant City Attorney III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA ITEMS v. INFORMAL SESSION - Conference Room - 3:30 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: Reverend Kevin Milcarek, Pastor Back Bay Christian Assembly 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 October 5,2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. WEST NECK ROAD- EXCESS CITY PROPERTY I. CONSENT AGENDA K. ORDINANCESIRESOLUTIONS 1. Ordinance to AMEND ~2-7 of the City Code re the Volunteer Council to be renamed the Office of V olunteer Resources and the "Coordinator" appointed by City Council be retitled "Director" 2. Ordinance to AUTHORIZE the City Manager to declare EXCESS property at West Neck Road and execute an Agreement of Sale re conveying same to the Virginia Beach Development Corporation (VBCDC) 3. Resolution to AUTHORIZE the 2005 COMMUNITY LEGISLATIVE AGENDA and to REQUEST the Legislators sponsor and/or support this legislation in the 2005 General Assembly that would carry out the goals and objectives of the City as set forth 4, Resolutions re Town Center: a. REQUESTING the Virginia Beach Development Authority to cause Town Center Associates, L.L.C. release its Option on the balance of Block 6 (Caliotos property) of Town Center ("Theater Parcel") b. REQUESTING the Development Authority pay the Developer $165,625 for this Option c. AUTHORIZE the City Manager to expend $1,190,673 from Pavilion Theatre Replacement Capital Proj ect to pay costs incurred by the Development Authority for this release (Theater Parcel) d. AUTHORIZE the Development Authority acquire the "Theater Parcel" e. EXECUTE a Comprehensive Agreement with Clancy and Theys Construction Company re the design and construction of the Performing Arts Theater 5. Resolution re 2007 Virginia Beach Jameston/Celebration: a. ACCEPT the 2007 LEGACY PROJECTS as nominated by the Virginia Beach/J amestown 2007 Steering Committee Virginia Beach Convention Center Restoration of the Thoroughgood House Lynnhaven River 2007 Improvements at First Landing State Park b. AUTHORIZE the City Manager to execute a MEMORANDUM OF UNDERSTANDING (MOU) re participatation in the Preservation and Development Plan for an Interpretive Area in the Fort Story Historic District at Cape Henry with: United States Army National Park Service Association for the Preservation of Virginia Antiquities c. REQUESTING the Jamestown 2007 Steering Committee anchor replicas of the Three Jamestown Ships off First Landing State Park during the celebration of April 26-29,2007. 6. Ordinance to AUTHORIZE a temporary encroachment into the right-of-way at the intersection of Selwood Drive and Providence Road by BELLAMY WOODS CIVIC LEAGUE to construct and maintain landscaping with two (2) lights for their neighborhood identification sign. 7. Ordinances re Virginia Aquarium and Marine Science Center: a. ACCEPT and APPROPRIATE a $96,681 Grant from Virginia Aquarium and Marine Science Center Foundation to the Department of Museums and Cultural Arts for the Sea Scholars programs b. ACCEPT and APPROPRIATE a $45,969 Grant from Virginia Aquarium and Marine Science Center Foundation to the Department of Museums and Cultural Arts for the Watershed Wonderers program c. ACCEPT and APPROPRIATE a $31,000 Grant from the Virginia Department of Environmental Quality to the Department of Museums and Cultural Arts re maintenance of their statewide stranding network 8. Ordinance to APPROPRIATE $1,636,000 to the Fire Department as reimbursement revenue from FEMA re the Urban Search and Rescue Virginia Task-Force 2 assistance with Hurricanes Frances and Ivan cleanup. 9. Ordinance to APPROPRIATE $1,000,000 of General Fund balance designated for Mental Health to the FY 2004-05 Operating Budget of Human Services to develop a Residential Village for citizens with mental retardation and physical disabilities L. PLANNING - NO ACTION 1. Application of SBA COMMUNICATIONS for a Conditional Use Permit re a communications tower at 2165 Pungo Ferry Road. (sign improperly posted) (DISTRICT 7- PRINCESS ANNE) Recommendation: Deferral to November 9,2004 M. PLANNING 1. Ordinances to AMEND the City Zoning Ordinance (CZO) : a. 9102,1505,1703 and 1704 by changing the name of the B-4 Resort Commercial District to the "B-4 Mixed Use District" and establishing the B-4C Central Business Mixed Use District b. 9900,901,902,903,904,905 and 906 by setting forth the legislative intent ofthe B- 4 Mixed Use District and B-4C Central Business Mixed Use District to establish use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the B-4C Central Business Mixed Use District c. Mixed Use Development Guidelines amendment to the Comprehensive Plan d. 933-114.3 ofthe City Code pertaining to encroachments by outdoor cafes and other storefront use in the B-4C Central Business Mixed Use District Recommendation: APPROV AL 9. Bikeways and Trails: a. Ordinance to AMEND the Comprehensive Plan by the incorporation of the Bikeways and Trails Plan b. REPEAL the Master Bikeways Plan of 1986 c. Resolution to ESTABLISH the BIKEWAYS and TRAILS ADVISORY COMMITTEE Recommendation: APPROVAL 3. Petition for a Variance to 9 4.4(b) of the Subdivision Ordinance that requires newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for GAIL H. DAVIDSON, to subdivide the property into two (2) single family dwellings at 4946 Lake Lane (DISTRICT 4 - BA YSIDE) Recommendation: APPROVAL 4. Application of TAG ONE, L.L.C. for a MODIFICATION to the Timberlake Land Use Plan to allow automotive service as a permitted use (approved by City Council on September 9, 2003) at 1400 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) Recommendation: APPROVAL 5. Application of ST. MICHAEL LUTHERAN CHURCH for a MODIFICATION to a Conditional Use Permit re church expansion (approved by City Council on August 13, 1996 and August 11,1998) at 2208 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) Recommendation: APPROV AL 6. Application of MICHAEL D. SIFEN, INC. for a Conditional Use Permit re mini- warehouses at Kempsville Road and Providence Road (DISTRICT 1 - CENTERVILLE) Recommendation: APPROV AL 7. Application of LAKE SMITH DEVELOPMENT ASSOCIATES, L.c. for a Chanf!e of Zoninf! District Classification from B-2 Community Business District, A-12 Apartment District, R-2.5, R-IO and R-15 Residential Districts to Conditional R-5D Residential Duplex District, A-12 and A-18 Apartment Districts with a PD-H2 Overlay District at Wesleyan Drive, Cypress Point Boulevard and Broad Meadows Boulevard (DISTRlCT 4 BA YSIDE) Recommendation: APPROVAL 8. Application of REAL INVESTMENTS ASSOCIATES, L.L.c. for a Chanf!e of Zoninf! District Classification from AG-I and AG-2 Agricultural Districts to Conditional R-15 Residential District with a PD-H2 Overlay at the intersection ofBemadotte Street and Seaboard Road (DISTRlCT 7 - PRINCESS ANNE) Recommendation: APPROVAL N. APPOINTMENTS BICYCLE and TRAILS ADVISORY COMMITTEE MINORlTY BUSINESS COUNCIL PARKS and RECREA nON COMMISSION REVIEW AND ALLOCATION COMMITTEE (COG) SOCIAL SERVICES BOARD TOWING ADVISORY BOARD VIRGINIA BEACH PERFORMING ARTS THEATRE ADVISORY COMMITTEE O. UNFINISHED BUSINESS P. NEW BUSINESS 1. Consider regular Sessions of City Council scheduled for November 2, 2004, "Election Day" . Q. ADJOURNMENT ** * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only Virginia Relay Center at 1-800-828-1120. (TDD - Telephonic Device for the Deaf) *********** Ag:enda 10/12/04/BLB MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia October 12, 2004 Mayor Meyera E. Oberndorf called to order the City Council Briefing re VIRGINIA BEACH 2007 in the Council Conference Room, City Hall, on Tuesday, October 12,2004, at 1:00 P.M. Council Members Present: Harry E. Diezel, Robert M, Dyer, 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: Vice Mayor Louis R. Jones [Entered: 1 :45 P.M.] - 2 - CITY COUNCIL BRIEFING VIRGINIA BEACH 2007 1 :00 P.M. ITEM # 53083 C. Mac Rawls, Chair - Virginia Beach 2007 Steering Committee, advised on May 14, 2002, the City Council established the Virginia Beach/Jamestown 2007 Steering Committee of sixteen (16) members, This Committee has grown to approximately ninety (90) people. This diverse group consists of representatives of the universities in the area, the Chamber of Commerce, organizations as the Council of Civic Organizations, Garden Clubs and other business and cultural groups, The meetings are conducted on the 4th Thursday, every other month, at the Francis Land House. The next meeting is scheduled October 28, 2004, at 3:00 P.M. The public is invited. The Committee is now in the process of developing a Website containing the Minutes. Mr. Rawls advised his e-mail address:vb2007@cox.net.Mr. Rawls introduced the following Committee Members in attendance: Jim Babcock Cape Henry Memorandum of Understanding Chris Bonney Public Relations Roy A. Dudley President - The Order of Cape Henry 1607 Mr. Rawls also introduced Lynn Clements, Director - Museums and Cultural Arts, and Mark Reed, Historic Resource Co-ordinator. The first Colonists who came to Virginia dedicated the land on April 26, 1697, It was here that: The permanent English colonization of North American began English ownership of the land was officially established and announced to all other colonizing powers by the erection of a cross The first election in the new colony was conducted The rule of law was established as the first trial by jury was held Overall, much of what we know today as a system of government and the American way of life had its very first roots here in what would become Virginia Beach. Mr. Rawls advised if there is any scared ground in Virginia Beach it is Cape Henry, This should be acknowledged in every possible way. First Landing should be emphasized in the concept and naming opportunities established. Mr. Rawls has suggested Economic Development name a Fountain in Town Center: "First Landing Fountain". October 12, 2004 - 3 - CITY COUNCIL BRIEFING VIRGINIA BEACH 2007 ITEM # 53083 (Continued) The Virginia Beach 2007 Agenda Core Events April 26 - 29, 2007 April 26, 2007: Re-enactment of the First Landing * Location: First Landing State Park Developing possibilities: Pageant Boat tours Chairpersons: Fred Hazelwood, First Landing State Park Ron Kuhlman, Convention and Visitors Bureau Final confirmation re landing of three (3) ships (replicas of Godspeed, Discovery and the Susan Constant) has not been received from the State. A Resolution REQUESTING the Jamestown 2007 Steering Committee anchor replicas of the Three Jamestown Ships off First Landing State Park during the celebration of April 26-29, 2004 (Sponsored by Council Lady Rosemary Wilson) has been scheduledfor the today's City Council Session (October 12, 2004), Regent University is partnering with the development of a pageant, similar to "Lost Colony". CBN is considering a documentary on the First Landing. April 27, 2007: Exploration of the Lynnhaven River Location: Various points along the Lynnhaven River Chairperson: Steve Vinson, Lynnhaven River 2007 April 28, 2007 Virginia Beach Boardwalk History Festival Location: Virginia Beach Boardwalk Chairperson: Bobby Melatti, Beach Events October 12, 2004 - 4 - CITY COUNCIL BRIEFING VIRGINIA BEACH 2007 ITEM # 53083 (Continued) April 29, 2007 Erection of Cross and Departure of Ships Location: Cape Henry and First Landing State Park Developing Possibility: Combine ceremonial activities with a tribute to our military Chairperson: Roy Dudley, Order of Cape Henry 1607 Mr. Dudley is reviewing the possibility of inviting dignitaries from the Anglican Church to participate in the erection of the Cross. An air show and demonstrations by the various military groups are also being considered. Activity Chairperson Organization Community Roots Barbara Henley Princess Anne/Virginia Beach Historical Society Historical Family Reunions Vicki Harvey Virginia Beach 2007 Student Education Georgia Christie Virginia Beach Schools Cultural Groups Cornell Fuller Virginia Beach 2007 Historic House Programs/Tours Mark Reed Francis Land House Future of Democracy Conference Series Michael Little CBN/Regent University Religious Freedom Seminar Kelly Sullivan Virginia Wesleyan College 400 Virginia Beach Historical Facts Carolyn Barkley Virginia Beach Libraries Ancillary Events 2004 - 2007 Mr. Rawls advised the Afro-Americans greatly participated in the settling of this Country. Regent University/CBN is participating in programs sponsored on a State-wide basis, a Future of Democracy Series, If this program evolves, very famous individuals will be present in Virginia Beach. Virginia Wesleyan College is also developing a similar program, Mr. Rawls outlined developing possibilities of the 2007 Virginia Beach Jamestown/Celebration: Magna Carta and other historical documents; and, the Contemporary Art Center Exhibit. If the details and cost and obligations can be evolved, the Magna Carta will be displayed during the opening of the new Convention Center, This could be an extremely powerful event in the celebration. Prints of John White's drawings have been secured. John White drew the depictions of all the early Indian Villages. The originals are housed in the British Museum and too fragile to travel. However, the prints are the first quality and will be exhibited at the Contemporary Art Center. October 12, 2004 - 5 - CITY COUNCIL BRIEFING VIRGINIA BEACH 2007 ITEM # 53083 (Continued) Mayor Oberndorf requested a letter, bearing her and Mac Rawls' signatures, be sent to all Historical Homes and Garden Club entities, advising of the meetings of the Virginia Beach/Jamestown 2007 Steering Committee. Mr, Rawls shall contact Council Lady McClanan for a listing. Mr. Rawls advised participants in the Jamestown 2007 Community Program are encouraged to establish legacy projects that will serve to commemorate past and future achievements of the State, Upon final approval by City Council, each of the Virginia Beach legacy projects will receive an official certificate and plaque indicating this honored designation. Thefour (4) projects nominated as Virginia Beach 2007 Legacy Projects Virginia Beach Convention Center Restoration of the Thoroughgood House Lynnhaven River 2007 Improvements at First Landing State Park The principal property owners of the historic site at Cape Henry are the U.S. Army at Fort Story, the Association for the Preservation of Virginia Antiquities (APV A) and the National Park Service (NPS). Additionally, the City of Virginia Beach has a strong vested interest in the historical events that occurred here, Much to the credit of the current command of Fort Story, Lieutenant Commander Rehorn, the Army has now agreed to host and coordinate a planning effort that will allow all of the involved parties to consider both the short and long term needs of the Cape Henry historic site from the perspectives of the primary users and to work toward the redevelopment of a collaborative plan of action. A Memorandum of Understanding has been developed to provide a framework for preservation and development planning. This Memorandum of Understanding requires the approval of City Council, James B, Babcock, Chair - Cape Henry Subcommittee, advised that discussions involving a Memorandum of Understanding commenced August 2001. Mr, Babcock expressed appreciation to Council Lady Wilson, for her efforts on behalf of the Committee. October 12, 2004 - 6- CITY MANA GER'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS 1:45 P.M. ITEM # 53084 Andrew M Friedman, Director - Housing and Neighborhood Preservation, accompanied by Alex Davis, Code Enforcement Administrator, advised the Initiatives to Improve Code Compliance and Neighborhood Appearance. These initiatives are in response to City Council's priorities, Current Scope of Code Enforcement Activities Enforcement of the maintenance provisions of the building code for existing housing and other structures Enforcement of property maintenance ordinances, including inoperable vehicles, junk, overgrowth, litter Enforcement of the Waste Management Code Enforcement re: Hazardous trees/Unsafe gas appliances Abatement/enforcement of graffiti ordinance Placarding/Demolition of Unsafe buildings Rental Inspections (interior and exterior) 32,632 total properties inspected in FY 2003-2004 by 21 inspectors 7,355 Building exterior citations 8,595 overgrowth citations 5,108 inoperable vehicles cited 4,254 Waste Management citations, Six initiatives to be presented: Waste Management - Provide uniform restrictions on placement of waste collection items at the street Waste Management - Institute civil penalties that will decriminalize violations and hopefully accelerate compliance Cars Parked on Lawns - conduct a public input process on a proposed ordinance Shopping Carts - A voluntary program partnership with the Retail Alliance to quickly remove abandoned carts from public property Revisions to the Rental Inspection program to comply with state law changes Possible consolidation of vehicle-related inspection functions October 12, 2004 - 7 - CITY MANA GER 'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS ITEM # 53084 (Continued) Waste Management/Bulky Items Proposed Change - establish time limitations for placing bulky items at the curb consistent with other waste items Background: Department of Housing and Neighborhood Preservation enforces compliance with the current waste management regulations There is an inconsistency in requirements regarding when items can be placed at the curb Currently, bulky items may be put at the curb prior to 5:00 P.M. on the day before collection. In addition, tree limbs may be put out before collection day. As proposed, nothing could be placed at the curb before 5:00 P,M, on the day before collection day, Will impact landscape firms and property owners because debris and waste from work done cannot be put out ahead of time Consideration: Without this ordinance, bulky items may be and are put out regardless of collection day schedule. This is inconsistent with the City's goal of having streets clear of debris and waste except during the 24 hours surrounding collection day. Adopt an ordinance to amend the code to provide for consistent placement times for all waste items BY CONSENSUS, Code Enforcement shall reconsider amending the Code re placement of yard debris. Mr, Friedman advised relative private waste haulers and the unreasonable times of pick-up in certain multi family neighborhoods at the Resort, he will contact Wade Kyle, Administrator - Waste Management. Mr. Kyle is in charge of the regulations governing private haulers. Mr. Friedman believes the time of pick-up needs to be uniform. Concerning the behavioral issues of the City haulers, Mr, Friedman advised this was a staffmanagement issue and he will advise Mr. Kyle. Waste Management/Civil Penalties Proposed Change: Utilize civil penalties rather than criminal penalties to enforce specific portions of the waste management code This would apply to the use of proper receptacles, time for placing items at the street and proper removal of containers after collection October 12, 2004 - 8- CITY MANA GER 'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS ITEM # 53084 (Continued) Current Practice: Example: a citation is issued if a person leaves items at the street outside of allowable times. This violation is now a Class 1 Misdemeanor Failure to comply within 24 hours will result in a summons being issued A summons requires a court date (normally 30 to 60 days in the future), Considerations: Current requirement for a sU;.mmons after initial notice can delay compliance A criminal charge seems severe for this type of violation Proposed Practice: A warning notice is required for the first occurrence of a violation Upon failure to comply, a civil summons will be issued, which requires the payment of a monetary penalty. The penalty is owed unless the person wishes to contest it in Court, There is no criminal charge or conviction. This approach should result in accelerated compliance because the penalty is immediately assessed instead of having to go to court The process is expected to require less of the inspector's time to achieve compliance. In addition, violators are not subject to having a criminal conviction on their record Use this as a "pilot" test of civil penalty enforcement, which could be applied to other property maintenance issues ifit proves effective, Adopt the ordinance authorizing the use of civil penalties to enforce the waste management ordinance BY CONSENSUS, an Ordinance shall be scheduled authorizing the use of civil penalties to enforce the waste management ordinance. October 12, 2004 -9- CITY MANA GER'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS ITEM # 53084 (Continued) Cars Parked On Lawns Background: Currently this is not regulated Council Members, staff and citizens have identified this as a concern A survey two years ago found an even split between citizens who would and would not like to see it regulated. Proposed Ordinance: It shall be unlawful to park, or to allow the parking oj, an unattended motor vehicle having more than two wheels on any lot on which a single-family residence or duplex is located, except within a garage or carport, on a driveway or behind the nearest portion of a building adjacent to a public street Key elements of the draft ordinance: Prohibit the parking of cars in front of the house, except on driveways with improved surfaces Make the prohibition only effective a. in single-family or duplex areas b, where on-street parking is allowed Allow limited parking on yards only in the following circumstances: a. where there is no curb, and then only immediately adjacent to and parallel to the paved area b, only in areas where the paved area is less than xx width Considerations Whether property owners will enlarge their driveways significantly in order to allow additional parking, which will increase the paved area while not reducing the parking of vehicles in front of houses. This issue can be reviewed and addressed after implementation to determine results October 12, 2004 - 10- CITY MANA GER'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS ITEM # 53084 (Continued) Council Action Requested: Indicate your potential support for the ordinance and support for stafJ to conduct a community input process Depending on the results of community input, this ordinance, a revised ordinance, or no decision could be brought forward According to State Code, Deputy City Attorney Macali advised an inoperable motor vehicle can be parked where it cannot be seen from the street level. These aforementioned initiatives refer to operable motor vehicles, which could be parked along the side of the house, Mr. Friedman advised this ordinance will be as consistent as feasible with the existing mobile recreational vehicles ordinance. Mr. Friedman advised information will be presented at a later City Council Session relative all vehicle enforcement being conducted by one (1) inspector, BY CONSENSUS, City Council directed the stafJto conduct a community input process. Abandoned Shopping Carts Problem: Shopping carts utilized by store customers are abandoned and on public property including sidewalks, ditches and streets This abandonment causes both safety and aesthetic concerns. Retailers do not necessarily know when/where carts are abandoned Some retailers exert more efJort than others to get carts back Background: The City Attorney's Office researched solutions from around the country and developed a proposed ordinance The proposed ordinance would provide that the City could remove and store abandoned carts and notifY the owner If the owner did not retrieve them within a specified time, the owner would be assessed removal, storage and disposal costs This solution would have involved City resources in the actual pick-up and storage of carts October 12, 2004 - 11 - CITY MANAGER'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS ITEM # 53084 (Continued) Action Planned The Retail Alliance has proposed a voluntary pilot program: The City would provide notification of abandoned carts Retailers or the Retail Alliance would pick them up Staff is developing an agreement to operate a joint voluntary pilot program with the Retail Alliance for a defined period of time Voluntary program will begin with a "soft start" on November First After operational details are worked out, public notification will begin in early December Under the program, cart owners have forty-eight (48) hours after receiving notification from the City to remove their carts from public property If not removed, the Retail Alliance promises to remove them within twenty-four (24) hours after that After ninety days (90), staff and the Retail Alliance will review the program and determine what improvements can be made After one hundred twenty (120) days an evaluation will be conducted Staff will consider options to recommend at that time, including continuing the program or adopting an ordinance Councilman Maddox has been involved in the discussions of abandoned shopping carts and will assist in review of the program. BY CONSENSUS, staff shall move forward re abandoned shopping carts initiatives Revised Rental Inspection Ordinance New state law effective July 1, 2004 requires all existing local rental inspection ordinances to comply with new requirements no later than July 1,2005 October 12, 2004 - 12- CITY MANA GER'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS ITEM # 53084 (Continued) These requirements differ from the requirements under which our current program operating since 1989, was created Current Program Information: 3,284 rental Certificate of Compliance inspections were conducted in FY 2003-2004 Program provides a two-year exemption for multi-family properties that show few violations All rental units can be inspected upon a change of occupancy, but not more than annually Key Changes from Current Requirements: City Council, rather than the City Manager, must approve designation of any area, or any specific property outside an area, subject to the rental inspection ordinance All rental units within an area are subject to initial inspection and subsequent annual inspection except: Units that pass inspection receive a four-year exemption from annual inspections Any unit can be inspected based upon a tenant complaint or observed violation How we will develop the New Program: Areas must be designated based on number, age and condition of rental properties Staff conducted a survey of the condition of apartments and condominiums in early 2004, This information will be key to identifying the areas for designation Staff is developing a proposed program for consideration and adoption by City Council in early 2005 Staff will consult with key stakeholders, including Tidewater Builders Association/Multifamily Housing Council and Hampton Roads Realtors Association, in the development of the proposed program. The staff from the Department of Housing and Neighborhood Preservation and the Planning Department are discussing ways to more effectively conduct all vehicle-related enforcement activities on private property. This may result in some transfer of responsibilities and having one (1) Inspector handle all vehicle related enforcement activities. October 12, 2004 -13 - CITY MANA GER 'S BRIEFING PROPERTY MAINTENANCE CODE AMENDMENTS ITEM # 53084 (Continued) Deputy City Attorney Macali advised the zoning ordinance was amended to require a Conditional Use Permit for motor vehicle sales of more than one (1) car. If an individual wishes to sell one (1) car on his property, this is permissible; however the sale of two (2) or more motor vehicles requires a Conditional Use Permit. October 12, 2004 - 14 - CITY MANA GER'S BRIEFING BICYCLES and OTHER WHEELED DEVISES 2:42 P.M. ITEM # 53085 Vanessa Valledejuli, Associate City Attorney, presented the proposed Amendments to Chapters 6, 7, 21 and 27 of the City Code pertaining to Bicycles and other Wheeled Devices, Three (3) major factors precipitated the changes: New State Code provisions governing wheeled devices such as "Segways" (Electric Personal Assistive Mobility Devices), low speed vehicles, all-terrain vehicles and similar devices Convention and Visitors Bureau suggests changes to the regulation of wheeled devices in the Resort Area and during the Resort Season Police Department recommends amendments to address the regulation of all electric and gas-powered wheeled devices (scooters, Razors, go- peds, mini choppers) Chapter 6 - Beaches and Waterways Repeal Section 6-9 (Riding bicycles electric power-assisted bicycles and other pedal-powered vehicles on Boardwalk) Section 6-10 (use of roller skates, roller blades, scooters, etc. on Boardwalk or grassy area, bicycle path, oceanfront parks and plazas, public restrooms and sidewalks adjacent thereto) Section 6-11 (Driving motor vehicles on Boardwalk or grassy area, bicycle path, Oceanfront parks and plazas, and sidewalks adjacent thereto) Chapter 7 - Bicycles and Mopeds Change Title of Chapter "Bicycles and Other Wheeled Vehicles" Add State Code definitions for all terrain vehicle, electric personal assistive mobility device ("Segway '), golf cart, low-speed vehicle and wheelchair or wheelchair conveyance *Electric -powered wheeled device - Any wheeled device powered by an electric motor or battery, which is capable of being selfpropelled or designed for selfpropulsion and provides speeds up to a maximum of 30 miles per hour October 12, 2004 - 15 - CITY MANA GER 'S BRIEFING BICYCLES and OTHER WHEELED DEVISES ITEM # 53085 (Continued) *The definition does not include golf carts, low-speed vehicles, or wheelchairs and wheelchair conveyances The definition does include devices such as 'Razors", electric seated scooters, electric-powered mini choppers, electric-powered go-peds and similar devices. Electric-powered wheeled devices are vehicles when operated on a highway. These devices are subject to the same laws and violations as power-assisted bicycles. *Gas-powered wheeled device - Any wheeled device powered by gas or any similar type fuel which is capable of being self-propelled or designed for self-propulsion and provides speeds up to a maximum of 30 miles per hour. *This definition includes gas-powered pocket bikes, gas-powered seated scooters, gas-powered mini choppers, gas-powered go-peds and similar devices. Gas-powered wheeled devices are vehicles when operated on a highway. These devices are subject to the same laws and restrictions as mopeds. Reorganize sections of Chapter 7 to group all regulations pertaining to equipment and safety equipment requirements together and all regulations pertaining to the operation of wheeled devices together Add ("Segways") electric personal assistive mobility devices and electric-powered wheeled devices to the age limitations and helmet requirements governing electric power assisted bicycles (~ 7-51.2(b)) Must be > 14 years old to operate unless supervised by an adult, Anyone,:::, 14 years old is required to wear a helmet (~ 7-50) Add gas-powered wheeled devices to the age limitations and safety equipment requirements governing mopeds, Must be .:::. 16 year old to operate (~7-51) Must wear aface shield, safety glasses or goggles or have the gas-powered wheeled device equipped with safety glass or windshield. Must wear a helmet (includes operator and any passengers) (~ 7-49) Add Virginia State Code provisions regulating low-speed vehicles. Cannot be operated on highways where maximum speed is> 35 miles per hour. Must have a driver's license to operate, Subject to same registration and insurance requirements as motor vehicles, Add Virginia State Code provision regulating all-terrain vehicles. Cannot be operated on any public highway except as authorized by the City Manager. Not applicable to law enforcement officers, fire- fighters, or rescue squad personnel responding to an emergency. Must be 2: 16 years old to operate except that children between the ages of 12 and 16 may operate an ATV powered by engines of not less than 70 nor more than 90 cubic centimeters displacement. Must wear a motorcycle helmet. October 12, 2004 -16 - CITY MANA GER'S BRIEFING BICYCLES and OTHER WHEELED DEVISES ITEM # 53085 (Continued) Associate City Attorney Kathy Rountree distributed a matrix depicting the Classification of Wheeled Devices and their regulations pertaining to the Resort Area, submitted by the Convention and Visitors Bureau Regulations Pertaining to Resort Area Prohibit the operation of all motorized wheeled devices and vehicles on Atlantic Avenue during the Resort Season (Currently the provision applies only to mopeds) Prohibit the operation of all wheeled devices and vehicles (motorized and non-motorized) on any sidewalk in the Resort Area at any time. (Currently the provision applies only to bicycles, power-assisted bicycles, skateboards, scooter, roller blades or any pedal-powered vehicles that is muscle-powered on Atlantic Avenue sidewalks during the Resort Season) Prohibit the operation of all wheeled devices and vehicles (motarized and non-motorized) on the Beach Prohibit the operation of all motorized wheeled devices and vehicles and pedal-powered or muscle powered devices on the Boardwalk (except roller blades and roller skates) Prohibit the operation of all wheeled devices and vehicles (motorized and non-motorized) on the grassy area adjacent to the Boardwalk and in oceanfront parks and plazas. Bicycles may use the oceanfront plazas to access the bicycle path "Oceanfront parks" - grassy and no-grassy areas of parks located at ?h, 13th, l?h, 24th, 25th and 3]'1 Streets "Oceanfront plazas" or "plazas" - paved areas connecting Atlantic Avenue to the bicycle path Prohibit all wheeled devices and vehicles (motorized and non- motorized) on the bicycle path adjacent to the Boardwalk excevt bicvcles Surreys will be permitted on the bicycle path and Oceanfront plazas subject to the provisions of Chapter 7 (separate ordinance) Mike Eason, Resort Services Co-ordinator - Convention and Visitors Bureau, advised Pacific Avenue can be as congested as Atlantic. Mr. Eason advised the stajJis reviewing improving the signage and the markings on the bike paths October 12, 2004 - 17- CITY MANA GER'S BRIEFING BICYCLES and OTHER WHEELED DEVISES ITEM # 53085 (Continued) Sergeant Scott Roughton, Deputy Police Chief Cevera 's Aide, advised the Police Department is requesting clarification of the regulations. It was suggested to prohibit all wheeled devices on Atlantic Avenue because of the heavy pedestrian traffic, trolley lanes and Beach Street USA which allows the sub streets to be blocked off. Pacific Avenue is congested but discussion entailed and it was determined this street remain open to mopeds to allow individuals to reach their places of employment, Sergeant Roughton advised one of his primary responsibilities is responding to questions on the Police Department's Website. His number one question entails these devices and there is no clarified definition at the present time. Only definitions exist for moped and electric assisted bicycle, Associate City Attorney Valldejuli advised Associate City Attorney Larry Spencer has drafted an Ordinance relative Surreys to be presented at a future City Council Session, Surreys were noted on the matrix and will be designated by permit or franchise on the City and Resort Bike Paths and the Oceanfront Parks and Plazas, Relative education of the public, a Proposed Guide to the Operation of Bicycles and Other Wheeled Devices was distributed to City Council. This Guide will be available to the public on the City's website WWW. vb~ov.com The staff has met with the Mayor's Committee for Citizens with Disabilities and the members have concurred with the provisions. Provisions have been made for the disabled. They can place their State issued placard on their wheeled devices or purchase a decal for $1.00 from the City Treasurer. This application (which can be downloaded from the website) must accompany either a Physician's Certification Letter or Medical Certification Form, This is only a one-time fee, The City Council requested roller blades/roller skates be allowed on Resort Sidewalks Resort Area Restrictions do not apply to: The use of wheelchair or wheelchair conveyances by disabled person Certain wheeled devices for use by disabled persons who have a prominently displayed special tag or decal per City Code ~7-25 or a state issued placard for the disabled The use of baby carriages, strollers or related modes of transportation of infants City employees or City contractors on official business Employees of franchisees or permitees performing services on the beach, Boardwalk and adjacent bike path and Oceanfront parks and plazas (use of wheeled devices addressed in franchise agreements or permit) Special events authorized by City Manager/designee October 12, 2004 - ]8- CITY MANA GER 'S BRIEFING BICYCLES and OTHER WHEELED DEVISES ITEM # 53085 (Continued) State Code provisions governing golf carts have been added. The general rule is no golf carts on City highways, bicycle paths or sidewalks except as provided in the Article, City Council may designate streets for golf cart use (by ordinance) subject to certain limitations and exceptions as required by State Code. All requests for designation of streets for golf cart use to be directed to the Department of Public Works, Traffic Engineering Office. The designated streets must be posted with signs indicating such designation. Organizations, individuals or entities requesting such designation shall reimburse the City's actual cost for installation and continued maintenance of such signs, Changes to Chapter 21 Add definitions of electric-powered wheeled devices, gas-powered wheeled devices and low-speed vehicles Delete duplicate provisions in ~ 2]-237 pertaining to bicycles and mopeds Delete mopeds from ~ 2]-259 (Cruising) since mopeds are already prohibited on Atlantic Avenue during the Resort Season Exempt electric personal assistive mobility devices, electric-powered wheeled devices and gas-powered wheeled devices from provision in ~ 2]-3]2 prohibiting passing two or more vehicles abreast Add to Section !Jr:; 2] -440.4 prohibition on the parking of all-terrain vehicles, bicycles, electric personal assistive mobility devices, electric power-assisted bicycles, electric-powered wheeled devices, gas- powered wheeled devices, low-speed vehicles and mopeds on any street in any area designated as a residential permit parking area, Add electric personal assistive mobility devices, electric power- assisted bicycles, electric-powered wheeled devices and gas-powered wheeled devices to the prevision in Section 2] -464 allowing the use of such devices on streets and highways where the use of roller skates, skateboards, toys or other devices on wheels and runners is otherwise prohibited Chapter 27 - Police Changes to Sections 27-24 and 27-25 Add the additional classifications of wheeled devices to the provisions governing the disposal of bicycles and lost property to facilitate the disposal of such wheeled devices and vehicles by the Police Department where the vehicle has been in custody of the Police for over 30 days. Associate City Attorney Valldejuli expressed appreciation to her Administrative Assistant Nancy Bloomfor her dedicated assistance. October] 2, 2004 - 19- CITYCOUNCIL COMMENTS 3:50 P.M. ITEM # 53086 Mayor Oberndorf requested a SPECIAL FORMAL and CLOSED SESSIONS of the VIRGINIA BEACH CITY COUNCIL be held on Tuesday, October 19, 2004. The purpose of the FORMAL SESSION will be to allow City Council to go into CLOSED SESSION for the Annual Evaluation of City Council Appointees. The regular Workshop scheduledfor 4:00 P.M. will be moved to 2:00 P.M. (City Manager's Briefings re Convention Sales Efforts and Sales Market Plan and the Old Beach District Master Plan.) after which City Council will consider their recess to CLOSED SESSION. ITEM # 53087 The Mount Trashmore staff advised on October 14, 2004, the installation of the four (4) segments of the City Seal will commence. These segments were manufactured in Canada. The City Seal should be completed by October 15 or 16, 2004. ITEM # 53088 Councilman Villanueva commended the Mayor and City Manager for involving the Human Rights Commission relative the study of hiring practices of the City of Virginia Beach. Mayor Oberndorf advised Reverend William Dyson, Chair - Human Rights Commission, appointed the sub committees of the Human Rights Commission to review equal employment. Reports will be submitted by the Human Rights Commission. Councilman Villanueva also requested regular reports relative the status of the Department of Justice inquiry. Council Lady McClanan inquired if anyone had corresponded with Senator John Warner relative the Department of Justice inquiry. The City Attorney advised the Justice Department has been written and called periodically. The Congressional Office has not been contacted, but can be if City Council directs, Two (2) conversations were held with the Assistant Justice Department Attorney who commented there were no specific complaints. This inquiry involved a statistical analysis. An appointment could be scheduled. Thus far, the City Attorney's office has heard nothing. ITEM # 53089 Mayor Oberndorf announced Doris Gladys Hindlin passed from this life on October 12, 2004 at the age of Seventy-four, Doris thrived as a volunteer, spending countless hours working at Strawbridge Elementary School, as a member of the Friends of the Virginia Beach Juvenile and Domestic Relations Court and as Assistant Coordinator for the Virginia Beach Volunteer Resource Office. Doris was retired from the Virginia Employment Commission of Norfolk and Chesapeake. She was a member of Temple Israel and its Sisterhood as well as the Rabbi's Study Group, Brandeis Women's Book Club, and was past President of Haddassa. October 12, 2004 - 20- AGE N DA REV IE W S E S S ION 3:55 P.M. ITEM # 53090 K.1. Ordinance to AMEND 92-7 of the City Code re the Volunteer Council to be renamed the Office of Volunteer Resources and the "Coordinator" appointed by City Council be retitled "Director" Council Lady McClanan had requested this concept be discussed during the Closed Session, Council Lady McClanan believes the Volunteers fall within the purview of the City Council, Mrs. Russo is an amazing lady. She and Mrs. Morgan established the Docent program for the Courts, However, as this is a Personnel matter, she believes the item should be discussed in Closed Session, Council Lady McClanan will vote a VERBAL NA Y on this item. ITEM # 53091 K.3. Resolution to AUTHORIZE the 2005 Community Legislative Agenda and to REQUEST the Legislators sponsor and/or support this legislation in the 2005 General Assembly that would carry out the goals and objectives of the City as set forth This item will be discussed during the Formal Session Councilman Schmidt wished to note his opposition on several items. Councilman Villanueva referenced 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 1l010.36B. (ADOPTED by City Council on September 14,2004), and he wished to withdraw this request from the Legislative Package. ITEM # 53092 As speakers are registered, this item will be discussed during Formal Session: K.4. Resolutions re Town Center a, REQUESTING the Virginia Beach Development Authority to cause Town Center Associates, L.L. C. release its Option on the balance of Block 6 (Galiotos property) of Town Center ("Theater Parcel") b. REQUESTING the Development Authority pay the Developer $165,625 for this Option c. AUTHORIZE the City Manager to expend $1,190,673 from Pavilion Theatre Replacement Capital Project to pay costs incurred by the Development Authority for this release (Theater Parcel) d. A UTHORIZE the Development Authority acquire the "Theater Parcel" e. EXECUTE a Comprehensive Agreement with Clancy and Theys Construction Company re the design and construction of the Performing Arts Theater October 12, 2004 - 21 - AGE N DA REV I E W S E S S ION ITEM # 53092 (Continued) BY CONSENSUS, thefollowingshall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS K.1. Ordinance to AMEND 92-7 of the City Code re the Volunteer Council to be renamed the Office of Volunteer Resources and the "Coordinator" appointed by City Council be retitled "Director" K.2. Ordinance to A UTHORIZE the City Manager to declare EXCESS property at West Neck Road and execute an Agreement of Sale re conveying same to the Virginia Beach Development Corporation (VBCDC) K.5, Resolution re 2007 Virginia Beach Jamestown/Celebration: a. ACCEPT the 2007 Legacy Projects as nominated by the Virginia Beach/Jamestown 2007 Steering Committee Virginia Beach Convention Center Restoration of the Thoroughgood House Lynnhaven River 2007 Improvements at First Landing State Park b. AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re participatation in the Preservation and Development Plan for an Interpretive Area in the Fort Story Historic District at Cape Henry with: United States Army National Park Service Association for the Preservation of Virginia Antiquities c. REQUESTING the Jamestown 2007 Steering Committee anchor replicas of the Three Jamestown Ships off First Landing State Park during the celebration of April 26-29, 2007. K. 6. Ordinance to A UTHORIZE a temporary encroachment into the right-of- way at the intersection of Selwood Drive and Providence Road by BELLAMY WOODS CIVIC LEA GUE to construct and maintain landscaping with two (2) lights for their neighborhood identification sign. October 12, 2004 - 22- AGE N DA REV I E W S E S S ION ITEM # 53092 (Continued) K. 7. Ordinances re Virginia Aquarium and Marine Science Center: a. ACCEPT and APPROPRIATE a $96,681 Grantfrom Virginia Aquarium and Marine Science Center Foundation to the Department of Museums and Cultural Arts for the Sea Scholars programs b ACCEPT and APPROPRIATE a $45,969 Grantfrom Virginia Aquarium and Marine Science Center Foundation to the Department of Museums and Cultural Arts for the Watershed Wonderers program c. ACCEPTandAPPROPRIATE a $31,000 Grantfrom the Virginia Department of Environmental Quality to the Department of Museums and Cultural Arts re maintenance of their statewide stranding network K.8, Ordinance to APPROPRIATE $1,636,000 to the Fire Department as reimbursement revenue from FEMA re the Urban Search and Rescue Virginia Task-Force 2 assistance with Hurricanes Frances and Ivan cleanup. K.9. Ordinance to APPROPRIATE $1,000,000 of General Fund balance designated for Mental Health to the FY 2004-05 Operating Budget of Human Services to develop a Residential Village for citizens with mental retardation and physical disabilities Council Lady McClanan will vote a VERBAL NAY on Item K.1. October 12, 2004 - 23- AGENDA RE VIE W SESSION ITEM # 53093 M.7. Application of LAKE SMITH DEVELOPMENT ASSOCIATES, L.G. for a Chanf!e of Zoning District Classification from B-2 Community Business District, A- 12 Apartment District, R-2.5, R -10 and R -15 Residential Districts to Conditional R-5D Residential Duplex District, A-12 and A-18 Apartment Districts with a PD- H2 Overlay District at Wesleyan Drive, Cypress Point Boulevard and Broad Meadows Boulevard (DISTRICT 4 - BAYSIDE) This item will be discussed during the Formal Session ITEM # 53094 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: M.1. Ordinances to amend the City Zoning Ordinance (CZO) : a. S102, 1505, 1703 and 1704 by changing the name of the B-4 Resort Commercial District to the "B-4 Mixed Use District" and establishing the B-4C Central Business Mixed Use District b. S900, 901, 902, 903, 904, 905 and 906 by setting forth the legislative intent of the B-4 Mixed Use District and B-4C Central Business Mixed Use District to establish use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the B-4C Central Business Mixed Use District c. Mixed Use Development Guidelines amendment to the Comprehensive Plan d. S33-114,3 of the City Code pertaining to encroachments by outdoor cafes and other storefront use in the B-4C Central Business Mixed Use District M2. Bikeways and Trails: a. Ordinance to AMEND the Comprehensive Plan by the incorporation of the Bikeways and Trails Plan b. REPEAL the Master Bikeways Plan of 1986 c. Resolution to ESTABLISHtheBIKEWA YS and TRAILS ADVISORY COMMITTEE October 12, 2004 - 24- AGENDA RE VIE W SESSION ITEM 53094 (Continued) M.3, Petition for a Variance to ~ 4.4(b) of the Subdivision Ordinance that requires newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for GAIL H. DA VIDSON, to subdivide the property into two (2) single family dwellings at 4946 Lake Lane (DISTRICT 4 - BAYSIDE) M.4, Application of TAG ONE, L.L.C. for a Modification to the Timberlake Land Use Plan to allow automotive service as a permitted use (approved by City Council on September 9, 2003) at 1400 South Independence Boulevard (DISTRICT 2 - KEMPSVILLE) M5. Application of ST. MICHAEL LUTHERAN CHURCH for a MODIFICATION to a Conditional Use Permit re church expansion (approved by City Council on August 13, 1996 and August 11, 1998) at 2208 Princess Anne Road (DISTRICT 7 - PRINCESS ANNE) M.6, Application of MICHAEL D. SIFEN, INC. for a Conditional Use Permit re mini-warehouses at Kempsville Road and r'/ovidenGe Road Indian River Road. (DISTRICT 1- CENTERVILLE) M,8. Application of REAL INVESTMENTS ASSOCIATES, L.L. C. for a Chanf!e ofZoninf! District Classification from AG-l and AG-2 Agricultural Districts to Conditional R- 15 Residential District with a PD-H2 Overlay at the intersection of Bernadotte Street and Seaboard Road (DISTRICT 7 - PRINCESS ANNE) Council Lady McClanan will vote VERBAL NAYS on M.la/b/c, M.2 and M.6. ITEM # 53095 BY CONSENSUS, City Council shall meet November 2, 2004 (regular session and "Election Day'~ October 12, 2004 - 25 - ITEM # 53096 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 thefollowingpurpose: 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: Community Services Board Minority Business Council Social Services Board Towing Advisory Board Virginia Beach Performing Arts Theatre Advisory Committee 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 owners hip by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Centerville District Beach Distirct Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4:22 P.M.). October 12, 2004 - 26- ITEM # 53096 (Continued) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox (Recess: 4:22 P.M. - 4:37 P.M.) (Closed Session: 4:37 P.M. - 5:20 P.M.) (Dinner: 5:20 P.M. - 5:55 P.M.) October 12, 2004 - 27- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 12,2004 6:00 P.M. Mayor Meyera E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, October 12, 2004, at 6:00 P,M. Council Members Present: Harry E. Diezel, 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: None INVOCATION: Vice Mayor Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict, If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. October 12, 2004 - 28- Item V-E.1. CERTIFICATION OF CLOSED SESSION ITEM # 53097 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 53096, page 25, 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 requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. - uth Hodges Smith, MMC City Clerk October 12, 2004 - 29- Item V-F.1. MINUTES ITEM # 53098 Upon motion by Councilman Reeve, seconded by Councilman Diezel, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of October 5, 2004. 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 E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None October 12, 2004 - 30- Item V-G.J. ADOPTAGENDA FOR FORMAL SESSION ITEM # 53099 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 12, 2004 - 31 - Item V-H.J. PRESENTATION ITEM # 53JOO Vice Mayor Jones introduced DonaldMaxwell, Director of Economic Development, and Robert Jones, Chair - Virginia Beach Development Authority. Mr. Maxwell advised it was his pleasure to escort Mayor Oberndorf to St. Louis to attend the Conference of the International Economic Development Council. At the Banquet, there were more than twelve hundred (1200) in attendance. Mayor Oberndorf was the recipient of the Outstanding Leadership Award in 2004. Mayor Oberndorf was chosen from a selection of over one thousand (1,000) nominations. Cities, such as New York and Los Angeles, submitted applications ofhigh profile politicians. However, none showed the leadership of Mayor Meyera E. Oberndorf re strategic planning, employment created and amount of financial return to the City of Virginia Beach. Robert Jones read the Proclamation recognizing Mayor Meyera E. Oberndorf The Mayor's election on July 1, 1988, marked the first directly elected and first woman Mayor in Virginia Beach's history. Mayor Oberndorf' has strongly emphasized the importance of economic development. Through her leadership, new businesses are locating to Virginia Beach, expanding businesses are occurring and new jobs are being created. Mayor Oberndorfhas traveled to Japan, China, Ireland, England, Norway and Germany re further economic development and cultural relations with other nations. One of the most important accomplishments under her direction was the City's Economic Development Strategic Plan in 2001. The most important new program within the strategy is the creation of a Workforce Development Initiative which recognizes that a skilled labor force is the number one site selection criteria utilized by companies. Mayor Oberndorfhas aggressively pursued new development for Virginia Beach, including a new Town Center, In April 2004, the City was recognized by Site Selection magazine as having one of the ten (10) best economic development groups in the nation. USA Today weekend magazine named Virginia Beach the best place to live in America. Mayor Oberndorfwas recognized by Newsweek Magazine as one of the twenty-five (25) most dynamic Mayors in the United States. The 4,000 members of the International Economic Development Council recognizes and honors Mayor M eyera E. Oberndorf and confers upon her the 2004 Leadership A ward for Public Service. October 12, 2004 - 32- Item V-H.2. PUBLIC HEARING ITEM # 53101 Mayor Oberndorf DECLARED A PUBLIC HEARING: WEST NECK ROAD - EXCESS CITY PROPERTY There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. October 12, 2004 - 33- Item V-K.1. ORDINANCES/RESOLUTIONS ITEM # 53102 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Resolutions/Ordinances 1,2, 5a/ble, 6, 7a/ble, 8 and 9 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None Council Lady McClanan will vote NA Y on Item K.1. (Amend Code re Volunteer Council) October 12, 2004 - 34- Item V-K.I. ORDINANCES/RESOLUTION ITEM # 53103 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND 92-7 of the City Code re the Volunteer Council to be renamed the Office of Volunteer Resources and the "Coordinator" appointed by City Council be retitled "Director" Voting: 1 0-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 AN ORDINANCE TO AMEND CITY CODE SECTION 2-7, PERTAINING TO THE VOLUNTEER COUNCIL AND COORDINATOR SECTION AMENDED: ~ 2-7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-7 of the City Code is hereby amended and reordained, to read as follows: Sec. 2-7. Volunteer Council; Coordina.tor Office of Volunteer Resources; Director The Office of Volunteer Resources Volunteer Council shall promote volunteerism within City governmental agencies to enhance the economic, educational, social and physical quality of the community and to support municipal services valued by citizens of the City. The City Council shall appoint a Volunteer Council Coordin.J.tor Director of the Office of Volunteer Resources, who shall serve without pay and at the pleasure of the City Council and shall coordinate the activities of the Office of Volunteer Resources Volunteer Council and volunteers of the City. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 12TH day of October, 2004 - 35 - Item V-K.2. ORDINANCES/RESOLUTION ITEM # 53104 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to declare EXCESS property at West Neck Road and EXECUTE an Agreement of Sale re conveying same to the Virginia Beach Development Corporation (VBCDC) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Reba S. McClanan, 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: None October 12, 2004 1 AN ORDINANCE DECLARING CERTAIN 2 PROPERTY FRONTING ON WEST NECK 3 ROAD EXCESS AND AUTHORIZING THE 4 CITY MANAGER TO EXECUTE AN 5 AGREEMENT OF SALE AND CONVEY SAME 6 TO VIRGINIA BEACH COMMUNITY 7 DEVELOPMENT CORPORATION 8 9 WHEREAS, the City of Virginia Beach acquired ownership by deed recorded in 10 Deed Book 2764 at Page 2102 of a certain parcel of real property containing approximately 138:t 11 acres, located off of West Neck Road (GPIN: 1479-33-4430) in the City of Virginia Beach, 12 Virginia, (the "West Neck Parcel"); 13 WHEREAS, the Virginia Beach Community Development Corporation, (the 14 "VBCDC"), a 501 (c)(3) corporation created by the City of Virginia Beach, has requested that 15 the City of Virginia Beach declare as excess and convey to the VBCDC approximately 7.8 acres 16 of the West Neck Parcel (the "Property") for the construction and operation of two twelve- 17 bedroom mental health group homes; 18 WHEREAS, the City Council is of the opinion that the Property as shown on the 19 "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY TO BE CONVEYED 20 TO THE VIRIGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION", attached 21 hereto as Exhibit A, is in excess of the needs of the City of Virginia Beach. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 24 THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the Property is hereby declared to be in excess of the needs of the City and 27 that the City manager is hereby authorized to execute an Agreement of Sale and any necessary 28 documents to effectuate the sale of the Property to the VBCDC. 29 30 That the Property shall be conveyed in accordance with the Summary of Terms 31 attached hereto as Exhibit B and such other terms, conditions or modifications as may be 32 satisfactory to the City Attorney. 33 This ordinance shall be effective from the date of its adoption. 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of 35 October, 2004. 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 APPROVED AS TO CONTENT APPROVED AS TO CONTENT 9f:mfJJ {'. Ofwl!{,,- /Real Estate APPROVED AS TO LEGAL SUFFICIENCY DQ~ City Atto ey's Office CA- q,3S0 R-1 Prepared: Exhibit B SELLER: PURCHASER: PROPERTY: PURCHASE PRICE: ZONING CHANGE: RESUB- DIVISION: REVERTER CLAUSEIUSES: SUMMARY OF TERMS City of Virginia Beach Virginia Beach Community Development Corporation ("VBCDC"), a 50 I (c) corporation .:!: 7.8 Acres fronting on West Neck Road, a portion of GPIN 1493-99- 7053 as shown on Exhibit A $1.00 No zoning change is required. A Conditional Use Permit for the group home was granted by City Council on September 14,2004. The.:!: 7.8 acre parcel is part of a larger parcel. The necessary resubdivision plat will be prepared by the City. 1. The Property will revert to the City under the following conditions: Use of the Property for purposes other than a mental retardation group home or other use approved by the City. Dissolution or insolvency of the VBCDC. Failure of VBCDC to begin construction on at least one of the two planned buildings within 24 months of the date of conveyance of the Property by the City to the VBCDC. 2. 3. F:\Data\A TY\Forms\Deeds\ WORKING\Mental Health Group Home\sot.doc Exhibit B SELLER: PURCHASER: PROPERTY: PURCHASE PRICE: ZONING CHANGE: RESUB- DIVISION: REVERTER CLAUSEIUSES: SUMMARY OF TERMS City of Virginia Beach Virginia Beach Community Development Corporation ("VBCDC"), a 501(c) corporation .:t 7.8 Acres fronting on West Neck Road, a portion of GPIN 1493-99- 7053 as shown on Exhibit A $1.00 No zoning change is required. A Conditional Use Permit for the group home was granted by City Council on September 14, 2004. The .:t 7.8 acre parcel is part of a larger parcel. The necessary resubdivision plat will be prepared by the City. 1. The Property will revert to the City under the following conditions: Use of the Property for purposes other than a mental retardation group home or other use approved by the City. Dissolution or insolvency of the VBCDC. Failure of VBCDC to begin construction on at least one of the two planned buildings within 24 months of the date of conveyance of the Property by the City to the VBCDC. 2. 3. F:\Data\ATY\Fonns\Deeds\WORKING\Mental Health Group Home\sot.doc - 36- Item V-K.3. ORDINANCES/RESOLUTION ITEM # 53105 Upon motion by Councilman Schmidt, seconded by Council Lady Wilson, City Council ADOPTED with RESERVATIONS*: Resolution to A UTHORIZE the 2005 Community Legislative Agenda and to REQUEST the Legislators sponsor and/or support this legislation in the 2005 General Assembly that would carry out the goals and objectives of the City as set forth Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, 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: None * Mayor Oberndorf voted NA Y re Item 19 Virginia Retirement System Benefits for City Council Members Councilman Reeve voted NA Y re Item 19 Virginia Retirement System Benefits for City Council Members Councilman Schmidt voted NAY re Item 18 d Tax Relieffor Senior Citizens (Amend the state constitution to allow for a local option non-means tested tax freeze for all senior citizens) and Item 19 Virginia Retirement System Benefits for City Council Members. Councilman Schmidt feels "tax relief should be driven by need". Councilman Villanueva referenced the 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 1l010.36B. (ADOPTED by City Council on September 14,2004), and wished to withdraw this request from the Legislative Package. October 12, 2004 A RESOLUTION ADOPTING THE CITY'S 2005 COMMUNITY LEGISLATIVE AGENDA AND REQUESTING THAT MEMBERS OF THE CITY'S LOCAL DELEGATION TO THE GENERAL ASSEMBLY SPONSOR AND/OR SUPPORT LEGISLATION THAT WOULD CARRY OUT THE GOALS AND OBJECTIVES SET FORTH THEREIN WHEREAS, the City Council traditionally adopts a Community Legislative Agenda and requests member of the City's local Delegation to the General Assembly sponsor and/or support legislation therein; and WHEREAS, the City Council has considered a number of goals and objectives for inclusion in the city's 2005 Community Legislative Agenda; and WHEREAS, as in past years, a Safety Addendum Package, not part of the formal Agenda, is included for consideration by the General Assembly; NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby adopts the City's 2005 Community Legislative Agenda, which is attached hereto as Exhibit A and is hereby incorporated by reference. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City's Delegation to the General Assembly is hereby requested to sponsor and/or support legislation in the 2005 Session of the General Assembly that would carry out the goals and objectives of the City as set forth in its Community Legislative Agenda. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Clerk is hereby directed to transmit a copy of this resolution to each member of the City's local Delegation to the General Assembly. Adopted by the City Council of the City of Virginia Beach, Virginia, this12th day of October ,2004. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: !/}}h; ;JJ fJU City Attorney's Office CA-940l - 37- Item V-K.4. ORDINANCES/RESOLUTION ITEM # 53106 Thefollowing registered in SUPPORT of the Performing Arts Theatre: Ned Williams, Past Chair Virginia Beach Division of the Hampton Roads Chamber of Commerce, member- Finance Committee for Performing Arts Theatre Steering Committee, and Chairman Finance Committee for the Convention Center. Dorothy Wood, Chair - Performing Arts Theatre Advisory Committee, 3809 Thalia Drive, Phone: 340-8104 John Pendergast, Executive Director - Virginia Beach Visions, Phone: 499-7003. Resolution in support is hereby made a part of the record. Tom Rucker, President - Central Business District Association, 222 Central Park Avenue David March, Member - Bay Youth Orchestra of Virginia, 3220 Club House Circle, Ray Amoruso, 2333 Litchfield Way, Vice President - Bay Youth Orchestra The following registered concerns: Reid Greenmum, accompanied by daughter Marina, 2621 Sandpiper Road, Phone; 426-5589, supported a Performing Arts Theatre in the Town Center but recommended a Referendum on this project Councilman Reeve advised he will donate one month of his City Council Salary ($1,500) to the project. Councilman Villanueva advised he will match Councilman Reeve $1,000 and requested the Investment Partnership Advisory Committee be evoked. This Committee was part of the City Council Policy re "Guidelines for Evaluation of Investment Partnerships for Economic Development" adopted on March 13, 2001. However, members were never appointed to the Committee. The City Attorney shall bringforward information at afuture City Council Session re that appointment and task of this Committee. Upon motion by Councilman Wood, seconded by Councilman Schmidt, City Council ADOPTED: Resolutions re Town Center REQUESTING the Virginia Beach Development Authority cause Town Center Associates, L.L. C. release its Option on the balance of Block 6 (Galiotos property) of Town Center ("Theater Parcel ") REQUESTING the Development Authority pay the Developer $165,625 for this Option AUTHORIZE the City Manager to expend $1,190,673 from Pavilion Theatre Replacement Capital Project to pay costs incurred by the Development Authority for this release (Theater Parcel) A UTHORIZE the Development Authority to acquire the "Theater Parcel" EXECUTE a Comprehensive Agreement with Clancy and Theys Construction Company re the design and construction of the Performing Arts Theater October 12, 2004 - 38- Item V-K.4. ORDINANCES/RESOLUTION ITEM # 53106 (Continued) Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, 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: Robert M. Dyer and Reba S. McClanan Council Members Absent: None October 12, 2004 1 A RESOLUTION REQUESTING THE VIRGINIA 2 BEACH DEVELOPMENT AUTHORITY TO 3 CAUSE TOWN CENTER ASSOCIATES L.L.C. TO 4 RELEASE ITS OPTION ON THE THEATER 5 PARCEL AT TOWN CENTER AND TO 6 AUTHORIZE THE CITY MANAGER TO EXPEND 7 $1,190,673 FROM CAPITAL PROJECT #3-283 8 PAVILION THEATRE REPLACEMENT TO PAY 9 THE COSTS INCURRED BY THE VIRGINIA 10 BEACH DEVELOPMENT AUTHORITY TO 11 RELEASE THE THEATER PARCEL FROM THE 12 OPTION AND TO ACQUIRE THE THEATER 13 PARCEL 14 15 WHEREAS, Town Center Associates, L.L.C. (the "Developer") and the Virginia Beach 16 Development Authority (the "Authority") are developing a Central Business District Project 17 known as "the Town Center of Virginia Beach" (the "Project"), a mixed-use commercial 18 development utilizing the structure of an economic development park in the B-3A Pembroke 19 Center Business Core District, an area of the City of Virginia Beach which is zoned to optimize 20 development potential for a mixed-use, pedestrian-oriented, urban activity center with mid to 21 high-rise structures that contain numerous types of uses, including business, retail, residential, 22 educational, and other public and private uses; 23 WHEREAS, the Authority and the Developer have entered into a Phase II Development 24 Agreement of the Town Center of Virginia Beach, dated as of June 17,2003, as amended (the 25 "Phase II Development Agreement") for the development of the Project; 26 WHEREAS, the Authority and the Developer are also parties to an Option Agreement, 27 dated June 5, 2000, as modified by that certain First Modification to Option Agreement dated as 28 of December 12,2002, that certain Second Modification to Option Agreement dated as of 29 February 21,2003, that certain Third Modification to Option Agreement dated as of July 3,2003 30 and that certain Fourth Modification to Option Agreement dated as of April 19, 2004 (the 31 "Option Agreement"), which gives the Developer the option to purchase property in the Project 32 from the Authority; 33 WHEREAS, the City of Virginia Beach City Council endorsed the Project as the site for 34 the new performing arts theater on December 11, 2001; 35 WHEREAS, Block 6 of the Project provides the necessary land for the proposed 36 performing arts theater, and a portion of Block 6 (the Galiotos Property) was previously 37 purchased by the City of Virginia Beach (the "City"), as authorized by City Council on August 38 12,2003; 39 WHEREAS, the Phase II Development Agreement provides the Authority the right to 40 cause the Developer to release its option under the Option Agreement on the balance of Block 6 41 (the "Theater Parcel"), which is currently owned by the Authority, if such right is exercised by 42 November 1, 2004; 43 WHEREAS, pursuant to the Phase II Development Agreement, the Authority is 44 responsible for the payment of (i) an option release fee to the Developer of $56,029 and (ii) an 45 amount equal to the Developer's actual cost of carry as to the Theater Parcel totaling $109,596 in 46 order to cause the Developer to release its option on the Theater Parcel; 47 WHEREAS, pursuant to the Phase II Support Agreement (the "Support Agreement") 48 between the Authority and the City dated June 17,2003, the City has agreed, subject to 49 appropriation by City Council, to make funds available to the Authority as required to meet the 50 Authority's obligations under the Phase II Development Agreement; 51 WHEREAS, under the Support Agreement, the Authority plans to use revenues made 52 available from the City to pay the amount due to the Developer for release of its option on the 53 Theater Parcel under the Phase II Development Agreement; and 54 WHEREAS, pursuant to the Support Agreement, the City plans to pay the $1,025,048 55 incurred by the Authority to acquire the Theater Parcel. 56 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 57 VIRIGNIA BEACH, VIRGINIA: 58 1. That the Virginia Beach Development Authority (the "Authority") is hereby requested 59 to cause Town Center Associates, L.L.C. (the "Developer") to release its option on the balance 60 of Block 6 of the Town Center of Virginia Beach (the "Theater Parcel"). 61 2. That the Authority is hereby requested to pay the Developer $165,625 for the option 62 release fee and the Developer's actual cost of carry as to the Theater Parcel. 63 3. That the City Manager is hereby authorized to expend $1,190,673 from Capital 64 Project #3-283 Pavilion Theatre Replacement to pay, pursuant to the Support Agreement, the 65 costs incurred by the Authority to release the Theater Parcel from the option and to acquire the 66 Theater Parcel. 67 68 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day 69 of October 2004. 70 71 APPROVED AS TO CONTENT: 72 ~~Q_~~ 73 Department of Management Services 74 75 76 F:\Data\A TY\Forms\Commercial Projects\Town Center\Block 6 Option Ordinance. DOC CA-9352 1 2 3 4 5 6 A RESOLUTION APPROVING A COMPREHENSIVE AGREEMENT WITH CLANCY & THEYS CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF A PERFORMING ARTS THEATER AT THE TOWN CENTER WHEREAS, the City of Virginia Beach issued a request for 7 proposals, pursuant to the Virginia Public Private Education 8 Facilities and Infrastructure Act of 2002 (the "Act"), to enter 9 into a public-private partnership for the design and construction a 10 new performing arts theater (the "Project"); 11 WHEREAS, after review, the proposal submitted by Clancy & 12 Theys Construction Company was selected, and satisfactory terms and 13 conditions for the design and construction of the Project have been 14 negotiated; 15 WHEREAS, in accordance with the Act, a Comprehensive Agreement 16 has been prepared for the design and construction of the Project, 17 and a copy has been filed with the City Clerk; and 18 WHEREAS, the City Council has reviewed the proposed 19 Comprehensive Agreement, and hereby makes the following findings: 20 ( a) that the proj ect, as described in the Comprehensive 21 Agreement, is a qualifying project, as defined in the Act; 22 (b) that there is a public need for design and construction 23 of the Project, and that a public benefit will be derived from the 24 proj ect and its design and construction as provided for in the 25 Comprehensive Agreement; 26 (c) that the estimated cost of the Project is reasonable in 27 relation to similar facilities; 1 28 (d) that the plans for the Project will result in its timely 29 design and construction; and 30 (e) that the design and construction of Project and the 31 proposed Comprehensive Agreement serve the public purposes set 32 forth in the Act. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 34 OF VIRGINIA BEACH, VIRGINIA: 35 1. That the City Council hereby accepts the proposed Project 36 for the design and construction of a new performing arts theater at 37 the Town Center as submitted by Clancy & Theys Construction 38 Company, and hereby approves the Comprehensive Agreement between 39 the City of Virginia Beach and Clancy & Theys Construction Company. 40 2. That the City Manager is hereby authorized and directed 41 to execute the Comprehensive Agreement in substantially the form as 42 presented to the Council. 43 3. That the City Attorney is hereby directed to forward a 44 copy of the Comprehensive Agreement to the Auditor of Public 45 Accounts, as provided by Virginia Code ~ 56-575.9(F). 46 47 48 Adopted by the City Council of the City of Virginia Beach, 49 Virginia, on this ~hday of October , 2004. 50 51 52 53 54 2 55 APPROVED AS TO CONTENT: 56 57 58 59 60 61 62 AS TO LEGAL SUFFICIENCY: 63 64 65 66 67 68 69 CA-9380 70 R5- 71 September 28, 2004 72 H:\PA\GG\ORDRES\Comp Agreement Clancy ord.doc 73 3 SUMMARY OF TERMS Performin2: Arts Theater at Town Center This Summary of Terms sets forth the proposed basic business terms and conditions regarding the agreement between the City and Clancy & Theys Construction Company for the design and construction of a performing arts theater on real property located in the Town Center Development in furtherance of Clancy & Theys' Response to the City's Request for Proposals under the Public-Private Education Facilities and Infrastructure Act of2002. Owner: The City of Virginia Beach (the "Owner"). Operator: Clancy & Theys Construction Company ("Operator"). Property: Approximately 2.87 acres parcel ofland referred to as Block 6 in the Town Center Development in Virginia Beach Virginia. Project: Design and construction ofa 1,200-seat, 84,000 square foot, multi-purpose, professional quality performing arts theater (the "Project"). The theater facility is sized to accommodate both community arts groups and small touring performances. The Project includes a plaza that will be configured for outdoor performances. Contract Price: $40,289,921 - This lump sum contract amount includes: design, architecture, and engineering; construction: theater performance equipment, a $300,000 allowance for office furniture and equipment, and a 5% Owner's construction contingency. Progress payments will be made on a monthly basis, with a 5% retainage held until final completion. Substantial Completion and Final Payment Date: Work for the Project will be substantially completed not later than 960 calendar days after the Notice to Proceed date and ready for final payment in accordance with the General Conditions on or before 990 calendar days after the Notice to Proceed date. Operator is subject to a liquated damage rate of $5000 per day for each day beyond substantial completion, and $2500 per day for each day beyond final completion. Additionally, Operator has an incentive for early completion at the rate of $5000 per day, capped at 30 days for an amount not to exceed $150,000. Operator's Responsibilities: Operator shall (i) obtain and pay for all required permits and comply with all federal, state or local laws or regulations, including all safety and environmental laws and regulations; (ii) supervise the construction of the Project and manage all activities of its subcontractors; (iii) provide and maintain a schedule for the work to ensure timely completion of the Project; (iv) maintain the construction site in an orderly and clean manner; (v) provide record documents upon completion ofthe project; and (vi) provide post- construction start-up and training, warranties, and guarantees. Insurance: During the term of the Agreement, Operator will provide and maintain insurance policies with coverage and in amounts as required by Owner's Risk Management Administrator. Indemnification: Operator shall indemnify and hold harmless the Owner from and against all claims, costs, losses, and damages, including attorney's fees, arising out of or resulting from Operator's design or construction of the Work or the violation of any laws or regulations by Operator or those for whom Operator is legally liable. Owner's Responsibilities: The Owner will (i) furnish all Owner information pertinent to the Project and site; (ii) inspect the Project and site for compliance with all laws or regulations and for compliance with the terms and conditions of the Agreement; (iii) designate a Project representative to oversee the work; and (iv) pay for completed work on a monthly basis, within 30 days of invoice. Suspension of Work/Termination of Al!reement: The Owner may suspend the work at any time and without cause for a period of not more than 90 days with written notice to Operator. The Owner may also terminate the Agreement (i) for cause due to Operator failure to perform with 14 days prior written notice to Operator, or (ii) for convenience with 14 days prior written notice to Operator. o 2 - 39- Item V-K.5 a./b/c ORDINANCES/RESOLUTION ITEM # 53107 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Resolution re 20007 Virginia Beach Jamestown/Celebration: a. A CCEPT the 2007 Legacy Projects as nominated by the Virginia Beach/Jamestown 2007 Steering Committee Virginia Beach Convention Center Restoration of the Thoroughgood House Lynnhaven River 2007 Improvements at First Landing State Park b, AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) re participation in the Preservation and Development Plan for an Interpretive Area in the Fort Story Historic District at Cape Henry with: United States Army National Park Service Association for the Preservation of Virginia Antiquities c. REQUESTING the Jamestown 2007 Steering Committee anchor replicas of the Three Jamestown Ships off First Landing State Park during the celebration of April 26-29, 2007. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 1 RESOLUTION TO DESIGNATE LEGACY PROJECTS FOR 2 VIRGINIA BEACH FOR THE 2007 COMMEMORATION OF 3 THE 400TH ANNIVERSARY OF THE LANDING OF ENGLISH 4 COLONISTS AT CAPE HENRY AND LATER SETTLEMENT 5 AT JAMESTOWN 6 WHEREAS, in May 2002, City Council established the Virginia Beach/Jamestown 2007 7 Steering Committee to initiate plans and advise Council regarding commemorative activities for 8 the 2007 commemoration of the 400th anniversary of the arrival of the first permanent English 9 colonists; 10 WHEREAS, in June 2003, the Virginia Beach/Jamestown 2007 Steering Committee's 11 organizational and planning efforts resulted in the recognition of Virginia Beach as one of 12 approximately 20 pilot communities by the Jamestown 2007 statewide steering committee; 13 WHEREAS, participants in the Jamestown 2007 Community Program are encouraged to 14 establish legacy projects that will be completed by 2007, will have a lasting and worthy impact 15 on the community in which it is located, and will serve to commemorate past and future 16 achievements of the state; 17 WHEREAS, the Virginia Beach/Jamestown 2007 Steering Committee has nominated the 18 following four projects for Virginia Beach, based on their potential for improving the quality of 19 life in Virginia Beach by addressing the environmental, recreational, historical and economic 20 needs and opportunities in our city: 21 Virginia Beach Convention Center - Scheduled for completion in 2007, this state of the 22 art facility will have a major impact upon Virginia Beach's visitor and convention 23 industry as well as provide an architectural icon for the city. 24 Restoration of the Thoroughgood House - This structure is a National Historic 25 Landmark. Since its recent acquisition by the City of Virginia Beach, restoration efforts 26 have been underway that will protect its historic features and also further authenticate its 27 historic past. 28 Lynnhaven River 2007 - Organized as a coalition of citizens, city government and 29 various environmental groups, Lynnhaven River 2007 hopes to improve the ecological 30 health of the river and create a greater public appreciation of its needs and history. As a 31 measure of the river's health, one of the organization's goals is to make it possible to 32 once more harvest consumable oysters from this historic body of water. 33 Improvements at First Landing State Park - In preparation for 2007 and more, First 34 Landing State Park is undergoing major improvements in the amount of more than $2.5 35 million that will make it a centerpiece for many of the planned 2007 activities. This is 36 most fitting since the park occupies the site for some of the most historical events to 37 occur in the history of our city and our nation; and 38 WHEREAS, upon approval by City Council, each of the Virginia Beach legacy projects 39 will receive an official certificate and plaque indicating this honored designation. 40 NOW, THEREFORE, BE IT RESOLVED BYTHE COUNCIL OF THE CITY OF 41 VIRIGNIA BEACH, VIRGINIA: 42 That the four projects nominated by the Virginia Beach/Jamestown 2007 Steering 43 Committee are hereby approved as Virginia Beach 2007 Legacy Projects. APPROVED AS TO CONTENT APPPROVED AS SUFFICIENCY TO LEGAL fi!!/ffi4 useums and Cultural Arts ~~~ City Attorney's Office CA9403 H/ords/Legacy Projects RES.doc October 6,2004 R-l ADOPTED: October 12, 2004 1 RESOLUTION TO AUTHORIZE THE CITY MANAGER TO 2 ENTER INTO A MEMORANDUM OF UNDERSTANDING 3 WITH THE UNITED STATES ARMY, THE NATIONAL PARK 4 SERVICE AND THE ASSOCIATION FOR THE 5 PRESERVATION OF VIRGINIA ANTIQUITIES TO 6 PARTICIPATE IN THE PLANNING OF A PRERERV ATION 7 AND DEVELOPMENT PLAN FOR AN INTERPRETIVE AREA 8 IN THE FORT STORY HISTORIC DISTRICT AT CAPE 9 HENRY 10 WHEREAS, the Cape Henry area of Virginia Beach is historically significant on local, 11 state and national levels, as it contains the likely landing site of the first permanent English 12 colonists in April 1607, is the site of the first federal public works project, and was witness to the 13 Battle Off the Capes in 1781, the decisive naval engagement of the American Revolution; 14 WHEREAS, in December 2003, City Council adopted a resolution in support of the 15 formation of a Cape Henry National Park and Visitors Center to properly commemorate this 16 historic location; 17 WHEREAS, the principal property owners of the historic site at Cape Henry are the 18 United States Army, the Association for the Preservation of Virginia Antiquities, and the 19 National Park Service; 20 WHEREAS, the City of Virginia Beach also has a strong vested interest in the area and 21 the historical events that occurred there; 22 WHEREAS, in May 2002, City Council established the Virginia Beach/Jamestown 2007 23 Steering Committee, which has attempted to bring these interested parties together to plan for 24 changes that would enhance the site in preparation for the Jamestown 2007 celebratory events; 25 WHEREAS, the United States Army has agreed to host and coordinate a planning effort 26 that will allow all of the involved parties to consider both the short and long term needs of the 27 Cape Henry historic site; and 28 WHEREAS, a Memorandum of Understanding has been drafted to provide a framework 29 for preservation and development and planning, to which the United States Army, the 30 Association for the Preservation of Virginia Antiquities, the National Park Service, and the City 31 of Virginia Beach would be parties, and which contains no financial obligations on behalf of any 32 of the parties. 33 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 34 VIRIGNIA BEACH, VIRGINIA: 35 1. That the City Manager is hereby authorized to execute the attached Memorandum 36 of Understanding with the United Sates Army, the Association for the Preservation of Virginia 37 Antiquities, and the National Park Service. 38 2. That all actions of the City Manager, which are in conformity with the purpose 39 and intent of this Resolution, are hereby approved. 40 Adopted by the Council of the City of Virginia Beach, Virginia on the 12th day of 41 Octnhpr, 2004. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~U :e~ J-- City Attorney's Office Museums and Cultural Arts CA9402 Words/Army Park RES.doc October 6, 2004 R-1 Memorandum of Understanding Among The United States Army The National Park Service The Association for the Preservation of Virginia Antiquities and The City of Virginia Beach Whereas, federal agencies are required through Section 106 and 110 of the National Historic Preservation Act (NHP A) to preserve and maintain historic properties to standards set forth by the Secretary of Interior. Whereas, the Secretary of the Interior determined in April 2003 that the historic district within the Fort Story Installation is eligible for listing on the National Register of Historic Places (NRHP). Whereas, the United States Army, the National Park Service (NPS) and the Association for the Preservation of Virginia Antiquities (APV A) manage historic properties within the Fort Story Historic District. Whereas, Executive Order 13287 (Sec. 2), invites public and private entities to playa part in historic preservation processes and to form appropriate partnerships on federal properties to promote local economic development and vitality. Whereas, the APV A and the City of Virginia Beach have expressed interest in participating in the development and preservation of an interpretative area within the Fort Story Historic District for the upcoming Virginia Beach 2007 celebration. Whereas, the National Historic Light House Preservation Act of 2000 (NHLHP A) facilitates the transfer of light towers and associated complexes to private entities. Whereas, the APV A has agreed to assume control of the newer U.S. Coast Guard light tower and attendant structural complex and will use proceeds from tourism to maintain the structures to Department of Interior standards. Whereas, development of a controlled access interpretive area will greatly reduce security concerns on the Installation. Now, therefore, the aforementioned parties agree to develop a preservation and development plan for an interpretive area within the historic district in accordance with Section 106 and 110 of the NHP A and shall be administered with the following stipulations. I. The U.S. Army shall ensure, as the lead agency, that the Virginia Department of Historic Resources (VDHR) is consulted prior to all undertakings. All participating entities will be furnished copies of all correspondence between the VDHR and the U.S. Army. II. All participating entities will meet quarterly to discuss funding avenues and develop the historic interpretative area plan. III. The Fort Story Garrison Commander will approve all undertakings prior to implementation. IV. Historic interpretation will be the collective responsibility of all parties herein. The Installation is in the process of developing an Integrated Cultural Resources Management Plan (ICRMP). This plan will identify and define all historic landscapes within the Installation boundary and will serve as the foundation for historic interpretation. Date: Garrison Commander, Fort Story Date: National Park Service Date: APVA Date: City of Virginia Beach REQUESTED BY COUNCILMEMBER ROSEMARY WILSON 1 A RESOLUTION REQUESTING THE JAMESTOWN 2007 2 STEERING COMMITTEE TO ANCHOR REPLICAS OF THE 3 THREE JAMESTOWN SHIPS OFF FIRST LANDING STATE 4 PARK DURING THE PERIOD APRIL 26-29,2007, AS PART 5 OF THE JAMESTOWN 2007 CELEBRATION 6 WHEREAS, the observance of the 400th anniversary of the founding of Jamestown is 7 scheduled to be a major event in the history ofthe Commonwealth of Virginia; 8 WHEREAS, the Jamestown 2007 Steering Committee intends to send replicas of the 9 three Jamestown ships-the Godspeed, the Discovery, and the Susan Constant--Dn a 10 promotional tour as part of the anniversary celebration; 11 WHEREAS, on April 26, 1607, the Jamestown ships arrived at Virginia and entered the 12 Chesapeake Bay, and made their first landing in Virginia at what is believed to be Virginia 13 Beach; 14 WHEREAS, on April 29, 1607, the first permanent English colonists planted a cross at 15 Cape Henry, making their claim to the new colony; 16 WHEREAS, the first landing at Cape Henry is second only to the establishment of 17 Jamestown in terms of symbolic importance of England's claim to the New World; 18 WHEREAS, the Virginia Beach/Jamestown 2007 Steering Committee, which was 19 created by City Council in May 2002, has planned, and coordinated with other organizations, a 20 variety of activities and events to celebrate the 400th anniversary, including reenactments of the 21 colonists' arrival, departure, and the planting of the cross at Cape Henry; and 22 WHEREAS, the anchoring of the three replica ships off First Landing State Park during 23 the period April 26-29, 2007, would compliment Virginia Beach's anniversary activities and 24 events and would serve as an excellent lead-in to, and promotion of, the celebratory events at 25 Jamestown. 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 That the Council of the City of Virginia Beach hereby requests that (1) the Jamestown 29 2007 Steering Committee anchor the three Jamestown ships off First Landing State Park during 30 the period April 26-29, 2007, as part of the Jamestown 2007 Celebration; and (2) that this event 31 be designated as one of the signature events of the Jamestown 2007 observances. APPROVED AS TO LEGAL SUFFICIENCY :::e~ F City Attorney's Offic CA9385 H/ords/Jamestown Ships RES.doc October 6, 2004 R-l ADOPTED:OCTOBER 12, 2004 - 40- Item V-K.6. ORDINANCES/RESOLUTION ITEM # 53108 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into the right- of-way at the intersection of Selwood Drive and Providence Road by BELLAMY WOODS CIVIC LEAGUE to construct and maintain landscaping with two (2) lights for their neighborhood identification sign. Th following conditions shall be required: 1. It is expressly understood and agreed that the temporary encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: 2, It is further expressly understood and agreed that the temporary encroachment authorize terminates upon notice by the City to the Grantee, and that within thirty (30) days written notice 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 3. 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, 4. 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. 5, 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. 6. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the encroachment area. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. October 12, 2004 - 41 - Item V-K.6. ORDINANCES/RESOLUTION ITEM # 53108 (Continued) 8 It is further expressly understood and agreed that prior to issuance of a right-of way permit, the Grantee must post a bond or other security, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department, 9, 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 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, combine 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. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 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 AT THE INTERSECTION OF 7 SELWOOD DRIVE AND PROVIDENCE 8 ROAD, BY BELLAMY WOODS CIVIC 9 LEAGUE, ITS ASSIGNS AND 10 SUCCESSORS IN TITLE 11 12 WHEREAS, BELLAMY WOODS CIVIC LEAGUE desires to construct and 13 maintain landscaping and two (2) lights for the neighborhood identification sign within 14 the City's right-of-way located at the intersection of Selwood Drive and Providence 15 Road. 16 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's right-of-way subject to such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in 99 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bellamy Woods Civic 23 League, its assigns and successors in title are authorized to construct and maintain a 24 temporary encroachment for landscaping and two (2) lights for the neighborhood 25 identification sign in the City rights-of-way as shown on the map entitled: 26 "ENCROACHMENT PLAT OF PROPOSED BRICK SIGN IN SELWOOD DRIVE Rm 27 FOR BELLAMY WOODS CIVIC LEAGUE ADJACENT TO LOT 1, BLOCK CC 28 BELLAMY MANOR ESTATES, SECTION FIVE, MAP BOOK 132, PAGE 13, VIRGINIA 29 BEACH, VIRGINIA", dated August 25,2003 and revised: August 5,2004, Scale 1"= 25', 30 prepared by Precision Measurements, Inc., a copy of which is on file in the Department 31 of Public Works and to which reference is made for a more particular description; and 32 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 33 subject to those terms, conditions and criteria contained in the Agreement between the 34 City of Virginia Beach and Bellamy Woods Civic League (the "Agreement"), which is 35 attached hereto and incorporated by reference; and 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 37 is hereby authorized to execute the Agreement; and 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as Bellamy Woods Civic League and the City Manager or his authorized designee 40 execute the Agreement. 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the 42 12th day of October ,2004. 43 44 APPROVED AS TO CONTENTS :~ ~'N3~~ \ d(ltQSA~ 47 Puhl it [Darb R.~ai ~tJiI: 48 DEPARTMENT 49 50 APPROVED AS TO LEGAL 51 SUFFICIENCY AND FORM ~~ c~1~~kW 54 55 CA9257 56 PREPARED:W1~04 57 H:\Forms\Encroachment\Council Action\Bellamy Woods Civic League\ENC.doc - \.I} d -" s: {) 0 j V) ~ 6 ~,~ If) <( (. - -.+' ~ >--. cJ x )-.. >--~ /<. " _ >< >--- . ~ x :>-.. ~ xr0-; to. U . I o :0 &.~ Q+ .-1 V1 \S~ S; ~ c5 C) 9F-o c:.o. J }!) V) ~ ~'8 ~ .~9 _~ J7 ;]:-= p .~ q- G" ~ . 13 d d~ ---- ~> -0 -o-r- "J V2 U x >- I r---- ; ! ! ~ en 0'- tn. .. ~U " ; 00~0)>-.X . ~>-J)(7--~ /'- ~ ~ ~ ---- 1 --;T- ...... . ~.. I::.C;# 0 ;1) -o~ ..:;. lD () .:.E~~'E . :> Q ..... (> :> . ....~=CI),..r:: ......~~- ...... CI) ctl ~O:>.~~ :::..0 ;> - C o~~<"T:: ll"'l ~.n . > ~O~ u= ~.~ 00 > ~ __.....-./~C >... ,:::I lU tf.l'; ..0 ...... ..c ..... ~ "'0 'S ~ ."'; ~ (f.) ~.- ;::J C 1dga:]~ .s:: C,) .0 0 ~ ~_......()..c ....- Q)- ~c..-= ~ 0 -<t:.:.:: .- . ~ .. ~ ,..., .... 0...... _CI)~ . bO..s:::::>-.~' : ._ on..... ~ C tI.:1 . - '.-1 l-t .... . -- c.> o.o'~ -l- ~ QV: "- PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA TION TAXES UNDER SECTIONS 58.1-811(c)(3) THIS AGREEMENT, made this 14th day of September, 2004, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and BELLAMY WOODS CIVIC LEAGUE, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, IT IS PROPOSED BY THE Grantee to construct and maintain landscaping and two (2) lights for the neighborhood identification sign, "Temporary Encroachment", in the City of Virginia Beach; and That, WHEREAS, it is proposed by the Grantee to construct and maintain the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as Selwood Drive and Providence Road, "The Encroachment Area", and the Grantee has requested that the City permit the Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. GPIN: City right of way. No GPIN assigned. It is expressly understood and agreed that the Temporary Encroachment will be lconstructed and maintained in accordance with the laws of the Commonwealth of Virginia and Ithe City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT PLAT OF PROPOSED BRICK SIGN IN SEL WOOD DRIVE R/W FOR BELLAMY WOODS CIVIC LEAGUE ADJACENT TO LOT 1, BLOCK CC BELLAMY MANOR ESTATES, SECTION FIVE, MAP BOOK 132, PAGE 13, VIRGINIA BEACH, VIRGINIA", dated August 25, 2003 and revised: August 5, 2004, Scale 1"= 25', prepared by Precision Measurements, Inc., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the 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. 2 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 submit and have approved a traffic control plan before commencing work in The Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with the engineer's cost estimate, to the' Office of Development Services CenterlPlanning Department. It is further expressly understood and agreed that the Grantee must obtain and I 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 Temporary Encroachment I may not exceed: thirty-two square feet per face, 2 faces, 6 feet above the natural grade at the curb. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. 3 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment i ! sealed by a registered professional engineer, if required by either the City Engineer's Office or lithe Engineering Division of the Public Utilities Department. I It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the 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, Bellamy Woods Civic League has caused this Agreement to be executed by Debbie Westbrook, President of said civic league with due authority to bind said civic league. 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. (THE REMAINDER OF THIS P AGE WAS INTENTIONALLY LEFT BLANK) 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk BELLAMY WOODS CIVIC LEAGUE BY:~~~; Debbie Westbrook, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this -"-_oo___ day of )---." _ - , 2004, by r CITY MANAGER! AUTHORIZED DbSIGNEE 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: 5 ISTATE OF , CITY/COUNTY OF(~/1uA D.LLL, to-wit: I The fOregOin~ instrument was acknowledged before me this I ;iJ1 I iL1f1l'n~ day of , 2004, by Debbie Westbrook, President, on behalf of Bellamy Woods Civic League. ,~~/j_71~ . Notary PublIc My Commission Expires: (;J. -,;<f -,2.L~5" APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFIECIENCY AND FORM (""'\ , , /')'t" (J ''\:Y, .;t. ..,uti, /,;c[ \.., L/HJ1J-SvH SroNA TURE Pi J ; 1') I(j.,~ I 'lr.JJ ~>!l: Z, 1\ [ill ( IJIt< U DEPARTMENT lucid ~ tuU'llM H:\Forms\Encroachment\Council Action\Bellamy Woods Civic League\ENCROACHMENT.AGR.doc 6 r..~...__ ~;. EXHIBIT "A" PROVIDENCE ROAD (80' R/W) (M.B. 132, PG. 13) .__.._.._-~-- -- \ ,. ------- TOP nF BANI< _ PIN .,// ~_~lISS ~_ v .~~ Di~~H_ - -u _ FOUND . ,.--" _._. POWER ~ cb2=-CO~lflPL /,~, . 7 -==-UGT - "'-'-'-T6f5 OF BANf<--Q POLE " - - - STOP---~ /":: -"" . C ----; B"COND~Ir._\l_ N58'52' 11"W 203.91' CO~S' 0-;0- . tl ~;" HACKBERRY ___ ,_1 03.41'~ _ __ \. ti ' R=10.00' II ') I H ' A=16.20'@ L5' TRAFFIC CONTROL EASEMENT. '1 _ _ r _I I 8" J.cREPE MYRTLE NO INGRESS, EGRESS OR REGRESS 28 x28 x60 HIGH I,: 0 81" t PE'R',,1T'TD (r"'.B 1'~r, 'p." 1") MASONRY SIGN \;j . II- - \1,'1 J. ~/.., b. ,J I I I co 0 !" ~~ ~ 1\ = \~ ~ ~ r-' ~ \\'1 ~ ~ ~- tg PROPOSED POWER PEDESTAL (W/ METER) o ~~ ~~ 0 ~ .;. 1-,-, LOCATED IN CITY R/W (HEIGHT=55", ~ ~ 7 L--J ~ ~ f; I ~ CABINET SIZE = 14" X 26") Clw~ ~ : ~~ IJ ~ ~ ~ ffl ..- ~O ~ r:; fTl AJ ~ '-'~ \ II' roo ~ a... I- ........... --. 0 tf) o:r:..- S::' N ~0 I . t:=' I ~ a... :=i LO tD \ 1\ ~. v.s ~N ::~ \ \ ~ ~ ~ ~ 0) \ -1'-. .-..4 = I ~ --. :::E i ~trj \ \ I \,J WATER I \ VALVE \ \ \~ FIRE ".... HYDRANT @) R=10.00' A=16.20' .6=92'47'22" T=10.50' CHORD= 14.48' CH.BRG.=N74.44'08"E I. LOT 1, BLOCK CC BELLAMY MANOR, SECTION FIVE (M.B. ,132, PG. 13) w " ~'O }...C! PI~ ..- ..- w I"") > Z l.L. w " 0)1'0 ::To I"'-- . 00 , N ~..- Z N. R= 10.00' A=15.22' .6=8712'38" T =9.52' CHORD= 13.79' CH.BRG.=N15'15'52"W S58'52'11"E 98.54' 1 08.06' z ..-... (,)01"") (,)1-"- ~ (,) . (,)~0 o a... -..J a:: - CDo~ -z ..- N<: I-:::Ea:i 0>- . -..J :::E 6 :5 -..J W CD o o LARKWOOD DRIVE (50' R/W) (M.B. 132, PG. 13) MERIDIAN IS BASED ON: MAP BOOK 132, PAGE 13 ENCROACHMENT PLAT OF PROPOSED BRICK SIGN IN SELWOOD DRIVE R/W FOR BELLAMY WOODS CIVIC LEAGUE ADJACENT TO LOT 1, BLOCK CC BELLAMY MANOR ESTATES, SECTION FIVE MAP BOOK 132, PAGE 13 VIRGINIA BEACH, VIRGINIA DATE: AUGUST 25, 2003 SCALE: 1 "=25' PRECISION MEASUREMENTS, INC. SURVEYORS . GPS . GIS . MAPPERS 851 SEAHAWK CIRCLE, SUITE 103 VIRGINIA BEACH, VIRGINIA 23452 (757) 368-0945 REVISED: AUGUST 5, 2004 REFERENCES: MAP BOOK 132, PAGE 13 4111110 0 4. "i 11110., -: , . ' S.' rte. k �; a. 3 aL r 4a.. 5 - 3 t, •Q s M • fn I 4 • t4 • i�ri g r:r` Y a! ti .�lt�j ziftliti 5 t { ,{i k �5 r A,.„....-.....11--:.:.;,A.„1.,..-,1::.� 6 f et 3 Y� �+,r r .`t-nor z t Y sf x r •y ` rte,, , l ' � �r .� f r 44...: 4> if -sF'"1'., s i iv S Y .*•.•.' �Y 13.12" L•.. vt` .~ 3 - ` r r Y.a. ?' 33 4 i :•`,',;,!:10,..1,4';';.:•,:. .."•.`.3'3' . • f • k t --,,•'•!-;,... 44" 55 t! A•4 A '{tz ,t I I .. _ i ..,. $ - . . • 0 , \ ' .,. ..... — •. • 44 .,,, 4•ie. ..,. • J. ., ... . 4, ski •• •. . . . , . ,.. 0 . .., r . . • • • . ....a. ,ii4-6,:•,-,;„:,. .. P.: 0 ...-". . .. . . . - , • • . . . • „ . .- - -1.:•:.. ,.... „....,•- . . . ... . . ,::....,.:,••• , 40,-•• - . - • •,i''',.'-!,, - -,,,...,A...e.„...., -.§ . . ...- ,,-.), . 1. • .1 - . . _ A .. ... .... -•„- ' .1 •: , f. - . . . 74. a''' . ,• ,-- ....., . ,, ---) . . .,-. . • 4 . ' '"-..•:.,;. ,',:-.. ..—.::..: ;,-•-•::‘,s...„,,...*,',.:,,,kt,,, '''. .4-•„.,1'.:4, .. ''.'A-'.',' . . 0--',.- '-.'-,-,.... ....'.....,C',Ctl- '-•,,, 1N• .--;.:-- ', -. ..i- . .'-',,‘ ., 'il" . - -1-44; ..--.'.;', .. ' ..,..- -' . --...1:-.'-'• -‘---. :-.- '-''' 11-.,9-'-'-‘,-,- .' ': ''J' ..' ,Pi,. • . . .$.•',',...,, .:„.,. •- . . ,.., . -.•-•.• . , - ' '--• -. ..-4 '.* • . • i ! • 1 • 0 AIM 1.. 3 I • .5 lir . 7 t:110«. ,i, 4 , • •a,. .1101101,14., ..,... _-„kixv _.:tr-N. iiiim . .`,w.•,'' ''-411:: . 53's.'": . . i '`T- . , _.,...,..„..... „ ........... .. ',Ib le '67 r 4 t.• - ^' r ,i,v- i ' • k } ;1'''''::H r ,,t' �„� ,45°".,fir• 7i'. x 4 ryrr3 - t I Sym t+-� -.;."-*•••• .4 (,: .4. ,', . 1 1 BELLAMY WOODS CIVIC LEAGUE 1205 Worthington Lane Virginia Beach, VA 23464 July 9, 2004 TO WHOM IT MAY CONCERN: Under the Constitution and By-Laws instituted by the Bellamy Woods Civic League in 1988, the Board of Directors will handle the day to day business relating to the Bellamy Woods Community and it's Membership. The Board of Directors consists of a President, Vice-President, Secretary and Treasurer. Each member ofthe Board of Directors has authorization to sign checks and conduct business in order to accomplish the running of the Civic League. Debbie Westbrook, President Bellamy Woods Civic League, has the authority to sign checks and contracts in order to complete the business that has been previously authorized by the General Membership and the Board of Directors. The President also has the authorization to write checks up to an amount agreed upon by the General Membership or Board of Directors, relating to League Donations or other such matters. ~~ NAMil v Kathy Merritt, Secretary Bellamy Woods Civic league - 42- Item V-K. 7.a/h1c. ORDINANCES/RESOLUTION ITEM # 53109 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances re Virginia Aquarium and Marine Science Center: a. ACCEPT and APPROPRIATE a $96,681 Grantfrom Virginia Aquarium and Marine Science Center Foundation to the Department of Museums and Cultural Arts for the Sea Scholars programs b. A CCEPT and APPROPRIA TE a $45,969 Grant from Virginia Aquarium and Marine Science Center Foundation to the Department of Museums and Cultural Arts for the Watershed Wonderers program c. ACCEPT and APPROPRIATE a $31,000 Grant from the Virginia Department of Environmental Quality to the Department of Museums and Cultural Arts re maintenance of their statewide stranding network Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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 1. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None October 12, 2004 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE $96,681 FROM THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION TO THE FY 2004- 05 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO FUND ONE FULL-TIME POSITION FOR THE SEA SCHOLARS PROGRAM 10 WHEREAS, the Virginia Aquarium & Marine Science Center 11 Foundation ("the Foundation") received a $149,922 grant from the 12 Institute of Museum and Library Sciences for the operation of a Sea 13 Scholars program for a period of two years, and the Foundation will 14 provide $96,681 of this funding to the Department of Museums and 15 Cultural Arts. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 1. That $96,681 is hereby accepted from the Virginia Aquarium & 19 Marine Science Center Foundation and appropriated to the FY 20 2004-05 Operating Budget of the Department of Museums and 21 Cul tural Arts for implementation of the Virginia Aquarium & 22 Marine Science Center's Sea Scholars program, with revenue 23 from local sources increased accordingly. 24 2. That one full-time equivalent educator position is hereby 25 added in the FY 2004-05 Operating Budget of the Department of 26 Museums and Cultural Arts, with continuation of this position 27 contingent upon future funding from the Foundation. 28 Adopted by the Council of the City of Virginia Beach, Virginia, 29 on this 12th day of October, 2004. 30 APPROVED AS TO CONTENT: jJ CA-9394 R-l September 30, 2004 H:\PA\GG\ORDRES\Sea Scholars ord.doc APPROVED AS TO LEGAL SUFFICIENCY: ~S~. City Attorne' 2 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $45,969 FROM THE VIRGINIA AQUARIUM & MARINE SCIENCE CENTER FOUNDATION TO THE FY 2004-05 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO FUND ONE FULL- TIME POSITION 9 WHEREAS, the Virginia Aquarium & Marine Science Center 10 Foundation ("the Foundation") has received $76,490 in grant funding 11 from the National Oceanic and Atmospheric Administration for the 12 operation of the Watershed Wanderers program for a period of one 13 year, and the Foundation will provide $45,969 of this funding to the 14 Department of Museums and Cultural Arts. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 1. That $45,969 is hereby accepted from the Virginia Aquarium & 18 Marine Science Center Foundation and appropriated to the FY 19 2004-05 Operating Budget of the Department of Museums and 20 Cul tural Arts for implementation of the Virginia Aquarium & 21 Marine Science Center's Watershed Wanderers program, with 22 revenue from local sources increased accordingly. 23 2. That one full-time equivalent educator position is hereby 24 added in the FY 2004-05 Operating Budget of the Department of 25 Museums and Cultural Arts, with continuation of this position 26 contingent upon future funding from the Foundation. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, 29 on this 12th day of October , 2004. CA9392 H/ords/Watershed Wanderers September 30, 2004 R-2 Approved as to Content: JjwJJJQ0 Approved as to Legal Sufficiency: ~~~ 9-29-04; 12:24PM;vmsm Admin. office ;4374976 # 9/ 10 frl\.~'''''fO'''C''o..,+. $'" ~~ . \. ~ -.. .,;<3' ...,...."uof UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration OFFICE OF FI NANCE AND ADMINISTRATION GRANTS MANAGEMENT DIVISION 1325 EAST-WEST HIGHWAY SSMC2 - OFA621 - ROOM 9344 SILVER SPRING, MARYLAND 20910-3283 Ms"Lynn Clements Executive Director VIRGINIA MARINE SCIENCES MUSEUM FOUNDA TI ON 717 GENERAL BOOTH BOULEVARD VIRGINIA BEACH VA 23451 AUG" 31 2004 Reference: NOM Award No. Amendment No. Federal Share NA04NMF4570274 o $76,490 Dear Ms Clements: Enclosed for your review and approval are two originals of the above referenced NOAA award. If you concur, please sign each of the originals and return the one original marked "Grants Copy" to the address above within 30 days of receipt. Copies of the applicable OMS Circulars and Department of Commerce regulations, which have been incorporated into this award by reference, are available from the NOAA website at http://www.ofa.noaa.gov/-grants/. NOAA contact information. NOM Grants Specialist: zekiea.o.jones@noaa.gov at 301-713-0923 ext 136 Federal Program Officer: shannon.sprague@noaa.gov at 410-267-5664 ext If you have any grants management questions concerning this award, please contact the NOAA Grants Management Specialist, and for technical questions, please contact the Federal Program Officer as listed above. tineerelY, . , 'lu~~ ~, ~~ Emmanuel E. Atsalinos Grants Officer Enclosures cc: SHANNON SPRAGUE, N @ hinted on Rccyc10d Pap" ,r...,:.O"lM~~ l~\ l.......,4jj 0"'- ....O("A'"'~IAltkl Q\ l~r:r'.f 9-29-04; 12;24PM;Vmsm Admin. office ;4374976 # 10/ 10 GRANTS COPY RETURN 'ORM CD-45D REV 1 D/9S) U. S. DEPARTMENT OF COMMERCE o GRANT lEI COOPERATIVE AGREEMENT FINANCIAL ASSISTANCE AWARD ACCOUNTING CODE . N/A tEGlPIENT NAME AWARD NUMBER VIRGINIA MARINE SCIENCES MUSEUM FOUNDATION NA04NMF4570274 ,TREET ADDRESS FEDERAL SHARE OF COST 717 GENERAL BOOTH BOULEVARD $76,490 :!TY, STATE, ZIP CODE RECIPIENT SHARE OF COST IIRGINIA BEACH, VA 23451 $16,363 .WARD PERIOD TOTAL ESTIMATED COST )8/01/2004 - 07/31/2005 $92,853 UTHORITY :ducation: 16 U.S.C. 753a; 15 U.S.C. 1540 FDA NO. AND PROJECT TITLE From our creek to our Bay: Watershed Wanderers '1.457 rhis Award approved by the Grants Officer is issued In triplicate and constitutes an obligation of Federal funding. :ly signing the three documents. the Recipient agrees to comply with the Award provisions checked below and lttached. Upon acceptance by the Recipient, two signed Award documents shall be returned to the Grants Officer md the third document shall be retained by the Recipient. If not signed and returned without modificlation by the ~ecipient within 30 days of receipt, the Grants Officer may unilaterally terminate this Award. GNATURE OF EPARTMENT OF COMM~C; G~fS OFF,ICER U..t~l.~vQ, ~.. ~~'vV (PED NAME AND SIGNATURE OF AUTHORIZED RECIPIENT OFFIC1A cj1;YYJ'l /f). C"et:/7~' ~ [g] [gJ [gJ o o o o lEI ~ o Department of Commerce Financial Assistance Standard Terms and Conditions Special Award Conditions (Attachment B) Line Item Budget (Attachment A) 15 CFR Part 14, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, Other Non-Profit, and Commercial Organizations 15 CFR Part 24, Unifonn Administrative Requirements for Grants and Agreements to State and Local Governments OMS Circular A-21, Cost Principles for Educational Institutions OMS Circular A.87, Cost Principles for State, Local, and Indian Tribal Governments OMB Circular A.122, Cost Principles for Nonprofit Organizations 48 CFR Part 31, Contract Cost Principles and Procedures OMS Circular A-133. Audits of States, Local Governments, and Non.Profit Organizations Other(s) Department of Commerce Pre.Award Notification requirements for Grants and Cooperative Aqreements. 66 FR 49917 as amended bv the Federal Reqister notice published on October 30. 2002 (67 FR 66109) ~ TITLE NOAA GRANTS OFFICER DATE AUG 31 2004 TITLE j()~~ DATE 9/17-/0 'I 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $31,000 GRANT FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE FY 2004-2005 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO MAINTAIN A STATEWIDE STRANDING NETWORK 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That a $31,000 grant is hereby accepted from the Virginia 12 Department of Environmental Quality and appropriated to the FY 13 2004-2005 Operating Budget of the Department of Museums and 14 Cultural Arts for the Virginia Aquarium and Marine Science 15 Center to maintain a statewide stranding network, with estimated 16 revenue from the federal government increased accordingly. 17 Adopted by the Council of the City of Virginia Beach, day of October 2004. 18 Virginia on the 12th CA9389 H/ords/Stranding Network September 30, 2004 R-2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jj QN~ U t#w~ 5. City Attorney' 9-29-04;12:24PM;Vmsm Admin. office ;4374976 # 2/ 10 ---., 7d5k 5'0 t.,t W. Tayloe Murphy, Jr. Secretary of Natural Resources COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Mailing address: P.O. Box 10009, Richmond, Virginia 23240 Fax (804) 698-4500 TDD (804) 698-4021 www.deq.state.va.us Robert G. Burnley Director (804) 698-4000 1-800-592-5482 September 1, 2004 FROM: Virginia Coastal Program Grantees for FY 2004 d,4I./tr)l . Laura B. McKay :~irgima Coastal Program Manager Phone: (804) 698-4323. Fax: (804) 698-4319 TO: RE: FY 2004 Coastal Program Award Notification . NOAA Grant # NA04NOS4190060 The Department of Environmental Quality has received approval for the 2004 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric Administration (NOAA). We are pleased to notify you that your proposal has been approved for funding for the period shown on your enclosed contract. We look forward to working with you in the coming year, In July 2004, The Virginia Coastal Program (VCP) received final findings from NOAA's evaluation team. The team suggested, "The VCP should continue its efforts to maintain and increase program visibility through its outreach and other activities. .. The VCP should also assure that all projects funded through the VCP acknowledge that role with appropriate signage or other written statements as appropriate" (Evaluation Findings for the Virginia Coastal Management Program November 1999 through July 2003. July 2004). CREDIT IS CRITICAL- USE THE LOGOS! ~~~~1"""'"~<t''' :~I.' \. 'il s: 'i i ~~ '" ""''''''",o,,,~ ~J2EQ ENVIRONMENTAL QUALITY VIRGINIA COASTAL PROGRAM In part because the Virginia Coastal Program and other state coastal programs are often not credited, we are facing budget cuts in FY'05, Congress andthe general public do not understand what Coastal Zone Management dollars do in Virginia and other coastal states. Therefore it is imperative that you make certain that Coastal Management funding for your projects is properly recognized - on your project deliverables, on your websites, in newsletters and journal articles, on signage at construction and acquisition sites and during interviews by the media. Be certain that proper acknowledgement of Coastal Management funding in both language and logos appears in your deliverables. Language and logos are available on our website by following the link: http://www.dea.virqinia.Qov/coastallacknowIQ.htm#lanquaqe You will find the followinq in this contract packaQe: . Contracts (2 original) for signature . Attachments: A (Scope of Work), B (DEQNCP Terms &Conditions), C (US Dept. of Commerce Terms & Conditions), D (NOAA Programmatic Special Award Conditions), & E (Certifications form). Please note that in these DOC and NOAA conditions the word "recipient" refers to DEQ. You are technically a "sub-recipient" but are held to the same terms and conditions. 8-28-04; 12:24PM;vmsm Admin. OTTlce ;43(49(6 # 3/ 1 U " '1 · Reporting Forms: Reports on progress and requests for financial reimbursement will be processed on a semiannual basis. If another payment schedule is needed, please contact your Coastal Program Project Manager highlighted below. You must use the Budget Amendment Form if you need to change your budget. Please see your Contract and its Attachment B for deadlines and details. Please visit our Web site for guidance on preparing progress reports, final products, downloadable logos and new project proposals. htto://www.deCl.virQinia.QovlcoastallfundimJ.html To fullv execute your contract, please complete the followina steps: I. Sign both original contracts marked with colored tabs. I have already signed the originals. 2. Sign the one page Attachment E. This is also marked with a colored tab. 3. Return one original signed contract and the original signed Attachment E to: Krista Trono, Coastal Program Department of Environmental Quality 629 E. Main Street Richmond, VA 23219 4. Keep the remaining signed contract with the attachments for your files. Thank you for your close attention to these details. Coastal Program Contacts Your Coastal Program Project Manager is your primary contact, and is highlighted below. Contact this person for general project management issues, scope of work changes, budget amendments, extension requests, 306A documentation, final products, audit reports, and new project development: Laura McKay, Coastal Program Manager (804) 698-4323 Ibmckav@dea.virainia.aov (804) 698-4333 iabixbv@dea.virainia.aov (804) 698-4527 hsmoon@dea.virainia.aov (804) 698-4537 sblerben:J@dea.viralnia.Qov Julie Bixby, Coastal Program Planner Shep Moon, Coastal Program Planner Scott Lerberg, Coastal Specialist For grants tracking, signed contracts, progress reports, NOAA logos, Coastal Program credit language and various forms: Krista Trona, Research Assistant (804) 698-4051 kltrono@deQ.virainia.aov For public information, Coastal Management Magazine, interpretive signage for construction projects: Virginia Witmer. Outreach Coordinator (804) 698-4320 vawitmer@deq.virqinia.qov Coastal Program staff may also be reached by fax at (804) 698-4319. For payment, fiscal questions, fixed asset reporting: Patty Walsh, Senior Accountant (804) 698-4173 pwwalsh@dea,virqinia.Qov 9-29-04;12:24PM;Ymsm Admin. office ;4374976 # 4/ 10 '\ VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM GRANT CONTRACT Grant #: NA04NOS4190060 Grant Year: 2004 Task#: 50 This agreement is made by and between the Virginia Department of Environmental Quality (hereinafter referred to as the "Department") and the Grantee (listed below). The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: Scope of Work: The Grantee shall carry out the project as set forth in Attachment A. Project Period: The project shall commence on the Project Start Date, and shall terminate no later than the Project End Date. The grantee's closeout period ends on the Final Product and Silling Date. These dates are specified below: Project Start date: 10/1/2004 Project End date: 9/30/2005 Final Product and Billing Date: 11/15/2005 Period of perfonnance (months): 12 Payments: The Department shall pay the Grantee on a reimbursement basis, not to exceed the Federal Funding Total shown below for the project. The said sum, together with the matching funds provided as set forth in Attachment A, shall include all expenses of the project. Payment shall be made upon submission of invoices and/or other appropriate documentation of program expenditures. and progress reports and their acceptance by the Department. Such invoices and reports shall be submitted within 15 clays of each reporting period end and shall be detailed in accordance with Attachment A to show what tasks have been completed and to compare the time of completion with the proposed time of completion. Federal Funding Total: $31.000.00 Federal Coastal Zone Management Act Section: Section 306 Reporting Schedule: Report 1st Semiannual 2nd Semiannual Closeout Period Report Period Oct 01, 2004-Mar 31, 2005 Apr 01, 2005-Sep 30,2005 Oct 01, 2005-Nov 15, 2005 Due Date Reauired Elements Fonns A,S Forms A,S Forms S,C,remaining deliverables Apr 15, 2005 Oct 15, 2005 Nov 15, 2005 Contract Documents: The Contract documents shall consist of: 1) This signed fonn; 2) The Scope of Wor~ (Attachment A); 3) VA Coastal Resources Management Program Grant Contract Terms and Conditions (Attachment B); 4) U.S. Dept. of Commerce Financial Assistance Standard Tenns and Conditions (Attachment C); 5) NOAA Tenns and Conditions (Attachment D); and 6) Signed CD-512: U.S. Dept. of Commerce Certification (Attachment E) Precedence of Terms: In the event of a conflict between or among terms in the documents included in this contract. the following documents control in the following order: Attachments D, C, E. B. this signed form, and Attachment A. Grantor: DEPARTMENT OF ENVIRONMENTAL QUALITY Laura B. McKay, Manager Coastal Resources Management Program Grantee: VA BeachNirginia Aquarium and Marine Science Center i,v,^", 0, Lk")v,,'C.....+s I;);.,....<-+t:.r I .I '1/;,"=),'" 1"J.. ^'1"4r;V..... ~ M.~Y~o{'\<:' S.d......Y\LC- ("'-,,<\+~f" Typed name and titls ~::~:~ /)J1~ /'1J./}7;1~ /, Z ()(j If Date ~ :!r')/t 4. c.'?~/)~ Signatu 1j17/0Y Date VCRMP Contract rev. 9/25/2001 9-29-U4; 12:24PM;vmsm Admin. o~~lce I,,^USClJ ~.'. ::.y;~ ~. " Q"q'lIB R ,.~~ INSTITUTE Of MUS E U M . and LIBRARY SERVICES ;43(48(6 # 0/ 1 {J September 21,2004 Ms. Nancy Walsh Virginia Marine Science Museum 717 General Booth Blvd Virginia Beach, VA 23451 Dear Ms. Nancy Walsh, It gives me great pleasure to notify you that your proposal has been selected to receive a 2004 Museums for America Grant award. This year we received 829 applications requesting more than $147,525,164. Through our field review and panel process. we have selected 190 projects to receive funding totaling $16,406,694. The projects selected represent a wide spectrum of activities that will help museums serve their communities better through increased education programs, community outreach programs, and behind-the~scenes projects. Enclosed you will find a letter from Mary Estelle Kennelly. Associate Deputy Director for Museum Services, providing details about the terms and conditions ofthis award. Please review her letter and the enclosed forms and materials carefully and follow the instructions they contain. Congratulations on your successful award and thank you for your participation in the first year of this new pro gram. Your participation has helped shape our new program in the years to come. I am delighted that the Institute of Museum and Library Services is able to provide support for this project. Robert S. Martin, Ph.D. Director Enclosures A Federal agency urving the public by strengthening museums 6- libraries 1100 Pmnrylvania Avmue. NW. Washington. DC 20506. Phone: 202-606-8536. Fl!X: 202-606-8591 9~29-04; 12:24PM;vmsm Admin. office I,",USE" ~-'.~ ~'t'; ~ ,: .'> o......L/SP, "I'-... INSTITUTE of MUS E U M and LIBRARY SERVICES ;4374976 # 6/ 10 September 21,2004 Ms. Nancy Walsh Virginia Marine Science Museum 717 General Booth Blvd Virginia Beach, VA 23451 Dear Ms. Nancy Walsh: 1bis package contains the information you will need to manage your award: 1. Grant Award Notification; 2. Award Reporting Schedule 3. Museums for America Grants Awards Procedures 4. SF 3881, ACH (Automated Clearing House) Enrolhnent Fonn, to be completed and returned inunediately; 5. SF 270, Request for Advance or Reimbursement, to be submitted each time you request a payment; also available at htto://www.whitehouse.qov/omb/orants/qrantsforms.htm I 6. SF 269A, Financial Status RepOl:t (short fonn), to be submitted annually; also available at htto://www.whitehouse.oov/omb/qrants/qrantsforms.htm! 7. IMLS forms for Interim and Final Narrative Reports 8. Museums for America Grant Outcomes Based Evaluation FAQ sheet 9. "General Terms and Conditions of an IMLS Award" document 10. "Get the Word Out" press packet. 11. Description of MFA review process 12. Field Review C<?nunents 13. Panel Comments 14. List ofFY 2004 MFA recipients The Grant.Award Notification and <<General Terms and Conditions of an IMLS Award" document contain important information about complying with the terms of the award. Please read all of this infonnation carefully. If you wish to have someone other than the individual identified as your project director at time of application have responsibility for the overall administration of the project, please notify us immediately. The amount of your award, the dates of the award period and the grant award number we have assigned are provided in the Grant Award Notification. In all correspondence with IMIS about your award, including requests for reimbursement, please reference your grant award number. As specified in the 2004 Museums for America Grants Application and Guidelines, your grant activities are expected to have quantifiable and measurable outcomes. You will be expected to evaluate the success of the project against your established outcomes, IMLS will be providing technical assistance to help you establish at least one outcome evaluation for your project. Please see the "Museums for America Grant Outcomes Based Evaluation FAQ sheet" for details. A Federal agency serving the public by strengthening museums 6- libraries 1/00 Pmnrylvania Avenue, NW · Washington, DC 20506. Phone: 202-606-8536 . Fax; 202-606-8591 9~29-04; 12:24PM;vmsm AdmIn. OTT!Ce ;43(4810 # 1/ 1 U The completed SF 3881, Automa.ted Clearinghouse Enrollment (ACH) Form must be retw.:n~d to the IMLS Grants Office at the addre~s below, in order to set up the disbursement process. You must also submit a completed SF 270, Request for Advance or Reimbursement, each time you request a payment. As specified in the award terms, you must subtnit a semi-annual narrative program repprt and an annual financial report. Copies of the forms are enclosed. Please send one copy of all interim and two copies of all final reports to: " Grant Adm.1nistrarion Office Institute of Museum and Library Services 1100 Pennsylvania Avenue, NW room 223 Washington, bc 20506 Fax: (202) 606-0395 imlsreporting@imls.gov Re: Interim (or Final) Report If you send yoU! forms electronically, please be sure to fax or mail a copy of the reporting form with a signature for our f1les. Please refer to the enclosed "Award Reporting Schedule)) for the due dates of your reports. It is a requirement that your institution credit the Institute of Museum and Library Service~ in all publications and activities relating to the use of your award. To assist you in publicizing your award, we are pleased to provide you with our <<Get the Word Out)) press packet, which you may use in developing your own release to your local media. Your public recognition of IMLS support encourages others to apply, and we appreciate your cooperation. We are also enclosing two other items of interests for grantees: a description of the review process that was used in making funding decisions, and copies of the Field Review comments and Panel comments for your application. We urge you to consider concerns raised by reviewers as you underuke your project as their suggestions could, in many cases, result in stronger projects. After reviewing all of the enclosed documents pertaining to your Museums for America Grant award, if you have any questions, please contact your assigned program specialist, as listed on the enclosed "Museums for America Grants Award Procedures" document. Congratulations on having been selected to receive a 2004 Museums for America Grant award. We look forward to following the progress of your project and to sharing information about it with the museum field. Sincerely, ~~ Mary Estelle Kennelly Associate Deputy Director for Museum Services Enclosures 9-29-04; 12:24PM;vmsm Admin. office ;4374976 # 8/ 10 ~~ {~0'l4'~ _ 11',; .4lI": '!Stl.... i..'" .~qo" -{. . lJaRjI.~ Institute of Museum and Library Services Official Award Notification for Grants and Cooperative Agreements Awardee Name and Address Virginia Marine Science Museum 717 General Booth Blvd, Suite 1 Virginia Beach, VA 23451 Date of Award August 24, 2004 Award Number MA-03-04-0119-04 Official Contact Nancy Walsh 717 General Booth Blvd Virginia Beach, VA 23451 Award Period From October 01, 2004 To September 30,2006 . Program Name Museums for America CFDA Number 45.301 Award Amount $ 149,922,00 08/24/2004 $149.922.00 Original Award Project Type MFA-Serving as Centers of Community En Scope of Work and/or Special Conditions 1. This grant is awarded for the purposes identified in the awardee's application for the FY 2004 Museums for America Grant, except as indicated by any attached correspondence from the awardee amending the project in accordance with the provision in the "General Terms and Conditions of IMLS Awards" document. 2. Changes requiring prior approval include changes in the scope of work, key personnel, grant period, or changes in the project budget, as detailed in the "General Terms and Conditions of IMLS Awards" document. A request for a no-cost extension of this award must be made in writing no less than 3D days before the end of the grant period. All requests for approval of changes should be made to IMLS, Associate Deputy Director for Museum Services, 1100 Pennsylvania Ave, NW, Room 609, Washington, DC 20506. 3. This grant shall be administered by the project director, as identified in the project proposal, unless amended. 4, Award terms and provisions, including payment and reporting procedures, are described in the "General Terms and Conditions of IMLS Awards" document . IMLS Authorizing Official Name and Title Mary Estelle Kennelly Associate Deputy Director for Museums S;gnature ~~ Ai-d1r - 43- Item V-K.8. ORDINANCES/RESOLUTION ITEM # 53110 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPROPRIATE $1,636,000 to the Fire Department as reimbursement revenue from FEMA re the Urban Search and Rescue Virginia Task-Force 2 assistance with Hurricanes Frances and Ivan cleanup Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE $1,636,000 IN REIMBURSEMENT REVENUE FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2004-05 OPERATING BUDGET FOR DEPLOYMENT TO ASSIST FLORIDA COMMUNITIES WITH CLEANUP FROM HURRICANE FRANCES AND HURRICANE IVAN WHEREAS, the Federal Emergency Management Agency (" FEMA") 11 issued an alert order for members of the FEMA Urban Search and 12 Rescue Virginia Task-Force 2 for assistance with cleanup from 13 Hurricane Frances and Hurricane Ivan and has approved $1,636,000 14 in reimbursement costs. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 That $1,636,000 in reimbursement revenue from the Federal 18 Emergency Management Agency is hereby appropriated to the Fire 19 Department's FY 2004-05 Operating Budget for costs associated 20 with the deployment of members of the urban search and rescue 21 team, with federal revenue increased accordingly. 22 23 Adopted by Virginia on the the 12th Council of the City day of October, 2004. of Virginia Beach, Approved as to Content: Approved as to Legal Sufficiency: J3~) 0 CA 9393 R-2 September 30, 2004 H:\PA\GG\ORDRES\FEMA EMERG DEPLOY ORD.DOC iv-,~ r fy- 0/ City Attorn Management Services ~... FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 2. TYPE OF ACTION o AWARD 5. EFFECTIVE DATE 1, ASSISTANCE INSTRUMENT o COOPERATIVE AGREEMENT 0 GRANT 3. INSTRUMENT U B R 4, AMENDMENT NUMBER EMW-2003-CA-0111 M007 See Block 21 8. ISSUING/ADMINISTRATION OFFICE o AMENDMENT 6, CONTROL NUMBER WNOl,180Y2004T Virginia Beach Fire Department Attn: Mark Piland Special Operations, Municipal Center 2408 Courthouse Drive, Building #21 Federal Emergency Management Agency Financial & Acquisition Management Div Grants Management Branch 500 C Street, S.W., Room 334 Washington DC 20472 Virginia Beach VA 23456-9065 Specialist: Tanya D. Barnes, 202-646-3742 9, RECIPIENT PROJECT MANAGER Mark Piland, 752-427-0693 11. ASSISTANCE ARRANGEMENT o COST REIMBURSEMENT o COST SHARING o FIXED PRICE o OTHER 14. ASSISTANCE AMOUNT 12. PAYMENT METHOD [iJ TREASURY CHECK REIMBURSEMENT o ADVANCE CHECK o LETTER OF CREDIT 10, FEMA PROJECT OFFICER Wanda casey, 202-646-4013 13, PAYMEN OFFICE Federal Emergency Management Agency Disaster Finance Center P.O. Box 800 Building 708 Berryville VA 22611-0800 15. AC OUN ING & APPROPRIATION DATA PREVIOUS AMOUNT $1,589,857.53 See Continuation Page AMOUNT THIS ACTION $112,000.00 TOTAL AMOUNT $1,701,857.53 16, DESCRIPTION OF PROJECT This amendment prov{des funding for reimbursement for activation of US&R 1ST members to support Hurricane Frances. The total amount hereby obligated is increased by $112,000.00 from $1,589,857.53 to $1,70l,,857.53. All other terms and conditions remain in effect. END OF MODIFICATION M007. 17. RECIPIENT REQUIREMENT o RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 9. o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT, I title 19, AS I title) Chief Richard W. Assistancf;! OFFICER TE-l -. L. - ~-> \ CONTINUATION PAGE A.I PRICE/COST SCHEDULE ITEM DESCRIPTION OF QTY UNIT UNIT NO. SUPPLIES/SERVICES PRICE 1 1. 00 $112,000.00 Activation of 1ST members to support HurricaneFra FUNDING/REQ NO: WN01180Y2004T $112,000.00 1: $112,000.00 GRAND TOTAL --- AMOUNT $112,000.00 ------------------ ------------------ ACCOUNTING AND APPROPRIATION DATA: REQUISITION NUMBER ACRN APPROPRIATION -4101-0 WN01180Y2004T 1 2004~06 -1545DR-9044 - P AMOUNT $112,000.00 CONTINUATION PAGE A.l PRlCE/COST SCHEDULE ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 0001 1. 00 Lot Activation of IST members to support Hurricane Ivan from VA TF 2 $24,000.00 $24,000.00 FUNDING/REQ NO: 1: $24,000.00 WN01324Y2004T GRAND TOTAL - - - $24,000.00 ================== ACCOUNTING AND APPROPRIATION DATA: o ACRN APPROPRIATION REQUISITION NUMBER AMOUNT 1 2004-06 -1549DR-9044 - -4101-D WN01324Y2004T P $24,000.00 , ..' ., FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 1, ASSISTANCE INSTRUMENT 2, TYPE OF ACTION o COOPERATIVE AGREEMENT D GRANT D AWARD 0 AMENDMENT 3. INSTRUMENT NUMBER 4, AMENDMENT NUMBER 5. EFFECTIVE DATE 16. CONTROL NUMBER EMW-2003-CA-0111 MOO9 See Block 21 WN01324Y2004T 7. RECIPIENT NAME AND ADDRESS 8. ISSUING/ADMINISTRATION OFFICE virginia Beach Fire Department Federal Emergency Management Agency Attn: Mark Piland Financial & Acquisition Management Div Special operations, Municipal Center Grants Management Branch 2408 Courthouse Drive, Building #21 500 C Street, S,W" Room 350 washington DC 20472 Virginia Beach VA 23456-9065 Specialist: Marilynn Grim 202-646-3459 9. RECIPIENT PROJECT MANAGER 10, FEMA PROJECT OFFICER Mark Piland 752-427-0693 Wanda Casey, 202-646-4013 11. AsSISTANCE ARRANGEMENT 12. PAYMENT METHOD 13, PAYMENT OFFICE [!] COST REIMBURSEMENT [!] TREASURY CHECK Federal Emergency Management Agency o COST SHARING REIMBURSEMENT Accounting Services Division o FIXED PRICE D Disbursement & Receivables Branch ADVANCE CHECK 500 C Street, S.W., ROom 723 D OTHER D LETTER OF CREDIT Washington DC 20472 14. ASSISTANCE AMOUNT 15, ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $1,741,857.5il See Continuation Page AMOUNT THIS ACTION $24,000.00 TOTAL AMOUNT $1, 765,857.53 16, DESCRIPTION OF PROJECT This amendment provides funding for reimbursement for activation of Urban Search & Rescue 1ST Members for the Joint Management Team in support of Hurricane Ivan. The total amount obligated is hereby increased by $24,000.00 from $1,741,857.53 to $1,765,857.53. All other terms and conditions remain unchanged and in full force and effect. END OF MODIFICATION M009. 17. RECIPIENT REQUIREMENT o RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8. o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. IP (Type name and II e Gregory B. Cade, Fire Chief 19, FICER (Type name and III e Sylvia A. Carroll Assistance Officer 1 9 ?OOl!. ~~....r.' FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 2. TYpe OF ACTION o AWARD 5. EFFECTIVE DATE o 1, ASSISTANCE INSTRUMENT 51 COOPERATIVE AGREEMENT 0 GRANT 3, INSTRUMENT NUMBER 4. AMENDMENT NUMB EMW-2003-cA-0111 MOOG 7, RECIPIENT NAME AND ADDRESS See Block 21 8, ISSUING/ADMINISTRATION OFFICE ::; Federal Emergency Management Agency. Financial & Acquisition Management Div Grants Management Branch 500 C Street, S,W., Room 334 Washington DC 20472 . Virginia Beach Fire Department Attn: Mark Piland Special Operations, Municipal Center 2408 Courthouse Drive, Building #21 Virginia Beach VA 23456-9065 Specialist: Tanya D. Barnes, 202-646-3742 9. RECIPIENT PROJECT MANAGER Mark Piland, 752-427-0693 11. ASSISTANCE ARRANGEMENT ~ COST REIMBURSEMENT o COST SHARING o FIXED PRICE o OTHER 14. ASSISTANCE AMOUNT 12. PAYMENT METHOD o TREASURY CHECK REIMBURSEMENT o ADVANCE CHECK o LETTER OF CREDIT Federal Emergency Management .Agency Disaster Finance Center P.O. Box 800 Building 708 Berryville VA 22611-0800 15, A COUNTING & APP PREVIOUS AMOUNT $89,857..53 See Continuation Page' AMOUNT THIS ACTION $1,500,000.00 TOTAL AMOUNT $1,589,857.53 16. DESCRIPTION OF PROJECT This amendment provides funding for reimbursement for operational expenditures required to activate VA-TF2 to support Hurricane Frances. The total amount hereby obligated is increased by $1,500,000,00 from $89,857.53 to $1,589,857.53. All other terms and conditions remain in effect. END OF MODIFICATION M006. 17, RECIPIENT REQUIREMENT o RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUINGfADMIN OFFICE IN BLOCK 8. o RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. E IPIENT (Type name an tit e R (Type name and title Gregory B. Cade~ Fire Chief Richard W. Goodman Assistance Officer E OFFICER " CONTINUATION PAGE A.I PRICE/COST SCHEDULE ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES UNIT UNIT PRICE QTY 1 1.00 $1,500,000.00 Amendment to provide funding in support of Hurricane Frances FUNDING/REQ NO: 1: $1,500,000.00 WN01l81Y2004T GRAND TOTAL --- ACCOUNTING AND APPROPRIATION DATA: ACRN APPROPRIATION REQUISITION NUMBER 1 2004~06 -1545DR-9044 - -4101-D WNOl181Y2004T AMOUNT $1,500,000.00 $1,500,000.00 ------------------ ------------------ AMOUNT F $1,500,000.00 ::- - 44- Item V-K.9. ORDINANCES/RESOLUTION ITEM # 53111 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to APPROPRIATE $1,000,000 of General Fund balance designated for Mental Health to the FY 2004-05 Operating Budget of Human Services to develop a Residential Village for citizens with mental retardation and physical disabilities Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 1 AN ORDINANCE TO APPROPRIATE $1,000,000 FROM 2 FUND BALANCE IN THE GENERAL FUND DESIGNATED 3 FOR MENTAL HEALTH TO THE FY 2004-05 OPERATING 4 BUDGET OF THE DEPARTMENT OF HUMAN SERVICES TO 5 PROVIDE FUNDS TO DEVELOP A RESIDENTIAL VILLAGE 6 FOR PERSONS WITH SEVERE MENTAL RETARDATION AND 7 PHYSICAL DISABILITIES. 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 1. That $1,000,000 of fund balance in the General Fund 11 designated for Mental Health is hereby appropriated to the FY 2004- 12 05 Department of Human Services Operating Budget for the purpose of 13 funding a residential village for persons with severe mental 14 retardation and physical disabilities. 15 2 . That the City Manager is hereby authorized to develop and 16 enter into a grant agreement with the Virginia Beach Community 17 Development Corporation to fund the residential village project. 18 3. That estimated revenue in the FY 2004-05 Operating Budget 19 from appropriations of fund balance is hereby increased by 20 $1,000,000. 21 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 12th day of Orrnh~r , 2004. 24 Requires an affirmative vote by a majority of the members of 25 City Council. Approved As to Content: Approved As To Legal Sufficiency: J;)avJ Q, (1,~rfCl Management Services ~ ~ CA9391 H/ords/Residential Village September 29, 2004 R-3 Item V-LIM. L. PLANNING NO ACTION 1. SBA COMMUNICATIONS M. PLANNING 1. AMEND CITY ZONING ORDINANCE 2. BIKEWAYS AND TRAILS 3. GAIL H. DA VIDSON 4. TAG ONE, L.L.C. - 45 - ITEM # 53112 CONDITIONAL USE PERMIT 9102, 1505, 1703 and 1704 by changing the name of the B-4 Resort Commercial District to the "B-4 Mixed Use District HI establishing the B-4C Central Business Mixed Use District 9900, 901, 902, 903, 904, 905 and 906 by settingforth the legislative intent of the B-4 Mixed Use District and B-4C Central Business Mixed Use District to establish use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions/ B- 4C Central Business Mixed Use District Mixed Use Development Guidelines amendment to the Comprehensive Plan 933-114.3 of the City Code re encroachments by outdoor cafes and other storefront use in the B-4C Central Business Mixed Use District Ordinance to AMEND the Comprehensive Plan by the incorporation of the Bikeways and Trails Plan REPEAL the Master Bikeways Plan of 1986 Resolution to ESTABLISH the BIKEWAYS and TRAILS ADVISORY COMMITTEE CONDITIONAL USE PERMIT VARIANCE MODIFICATIONto the Timberlake Land Use Plan (Approved September 9,2003) October 12, 2004 - 46- Item V-LlM. ITEM # 53112 (Continued) M. PLANNING 5. ST. MICHAEL LUTHERAN CHURCH MODIFICATION TO CONDITIONAL USE PERMIT (Approved: August 13, 1996 and August 11, 1998) 6. MICHAEL D. SIFEN, INC. CONDITIONAL USE PERMIT 7. LAKE SMITH DEVELOPMENT ASSOCIATIONS, L.C. CONDITIONAL CHANGE OF ZONING 8. REAL INVESTMENTS ASSOCIATES, L.L.C. CONDITIONAL CHANGE OF ZONING October 12, 2004 - 47- Item V-L.1. PLANNING - NO ACTION ITEM # 53113 NO ACTION NECESSARY - Deferred by the City Council on August 28,2001. Public Notice signs were not posted on the property as required by the City Zoning Ordinance. This matter will be readvertised for the November 9, 2004, City Council Session. Ordinance upon Application ofSBA Communications for a Conditional Use Permit for a communications tower on property located at 2165 Pungo Ferry Road. DISTRICT 7 - PRINCESS ANNE. October 12, 2004 - 48- Item V-M. PLANNING ITEM # 53114 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Items lalble/d, 2a1ble, 3, 4,5, 6 and 8 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None Council Lady McClanan voted a VERBAL NAY on Item 1 a/bleld (CZO Amendments), 2 a/blc (Bikeways) and 6 (Michael D. Sifen) October 12, 2004 - 49- Item V-M.l.aIb/c/d PLANNING ITEM # 53115 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to amend the City Zoning Ordinance (CZO) : 9102, 1505, 1703 and 1704 by changing the name of the B-4 Resort Commercial District to the "B-4 Mixed Use District" and establishing the B-4C Central Business Mixed Use District 9900, 901, 902, 903, 904, 905 and 906 by setting forth the legislative intent of the B-4 Mixed Use District and B-4C Central Business Mixed Use District to establish use regulations, dimensional requirements, sign regulations, off-street parking regulations and density restrictions in the B-4C Central Business Mixed Use District Mixed Use Development Guidelines amendment to the Comprehensive Plan 933-114.3 of the City Code pertaining to encroachments by outdoor cafes and other storefront use in the B-4C Central Business Mixed Use District Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones" Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None October 12, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO AMEND ORDINANCE BY CHANGING B-4 RESORT COMMERCIAL "B-4 MIXED USE ESTABLISHING THE B-4C MIXED USE DISTRICT THE CITY ZONING THE NAME OF THE DISTRICT TO THE DISTRICT" AND CENTRAL BUSINESS Sections Amended: Ci ty Zoning Sections 102, 1505, 1703 and 1704 Ordinance WHEREAS, the public necessity, convenience, general 14 welfare and good zoning practice so require; 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 16 CITY OF VIRGINIA BEACH, VIRGINIA: 17 That Sections 102, 1505, 1703 and 1704 of the City 18 Zoning Ordinance are hereby amended and reordained to read as 19 follows: 20 Sec. 102. Establishment of districts and official zoning maps. 21 (a) In order to carry out the purposes and provisions of 22 this ordinance, the following districts are hereby established 23 and are hereby listed in order from most restrictive to least 24 restrictive: 25 26 (7) Business Districts. Business Districts shall 27 consist of: 28 B-1 Neighborhood Business District 29 B-IA Limited Community Business District 30 B-2 Community Business District 31 B-3 Central Business District 32 B-3A Pembroke Central Business Core District 33 B-4 nesort Commerci~l Mixed Use District 34 B-4C Central Business Mixed Use District 35 36 37 (a1 ) In addition to the districts enumerated in 38 subsection (a), there is hereby established the Shore Drive 39 Corridor Overlay District. Such district shall be designated on 40 the official zoning map by the notation "( SD)" following the 41 designation of the underlying zoning district. As an 42 illustration, property in the Shore Drive Corridor Overlay 43 District and in the B-4 Reoort Commerci~l Mixed Use District 44 shall be designated on the official zoning map as having the 45 classification "B-4 (SD) ." 46 47 48 49 ARTICLE 15. RESORT TOURIST DISTRICTS 50 A. RT-l RESORT TOURIST DISTRICT 51 52 53 Sec. 1505. Off-site parking facilities. 54 Off-site parking facilities in connection with hotels and 55 motels located within the RT-1 Resort Tourist District may be 56 permi tted on zoning lots within the RT-2 Resort Tourist 2 57 District, RT-3 Resort Tourist District and the B-4 Rcoort 58 Commcrci~l Mixed Use District where the required off-street 59 parking cannot be provided on the lot with the principal 60 building or use provided: 61 (a) structures for parking facilities shall conform to the 62 regulations of the district in which located. 63 (b) A written agreement assuring continued availability of 64 the number of spaces indicated shall be drawn and executed, and 65 a certified copy of such agreement shall be recorded with the 66 clerk of the court. Such agreement shall stipulate that, if such 67 space is not maintained or space acceptable to the planning 68 director substituted, the use or such portion of the use as is 69 deficient in number of parking spaces shall be discontinued. The 70 agreement shall be subject to the approval of the city attorney. 71 72 73 74 75 76 77 78 ARTICLE 17. THE SHORE DRIVE CORRIDOR OVERLAY DISTRICT 79 Sec. 1703. Use regulations. 80 (a) Principal uses. Subject to general requirements and to 81 the regulations of the underlying zoning district, all uses and 82 structures permitted as principal uses in the underlying zoning 3 83 district in which they are located shall be permitted as 84 principal uses within the Shore Drive Corridor Overlay District, 85 except the following: 86 ( 1 ) Hotels and motels in the B-4 (SO) Rcoort 87 Commcrci~l Mixed Use District; 88 (2 ) Multiple-family dwellings In the B-4 (SO) Rcoort 89 Commcrci~l Mixed Use District; 90 (3) Attached dwellings in the B-4 ( SO) RC:Jort 91 Commcrci~l Mixed Use District; 92 (4 ) Boat sales in the B-4 (SO) Rcoort Commcrci~l 93 Mixed Use or B-2(SD) Community Business Districts; and 94 (5) Commercial parking lots, parking garages and 95 storage garages located in the B-4 (SO) RC:Jort Commcrci~l Mixed 96 Use or B-2(SD) Community Business Districts. 97 98 In addition, the following uses shall be permitted within the Shore Drive Corridor Overlay District, although not 99 allowed as principal uses in the underlying zoning district: 100 (1) Duplex dwellings in the B-4 (SO) Rcoort 101 Commcrci~l Mixed Use Districts. 102 (b) Accessory uses. Subject to general requirements and 103 to the regulations of the underlying zoning district, all uses 104 and structures permitted as accessory uses in the underlying 105 zoning district in which they are located shall be permitted 4 106 as accessory uses within the Shore Drive Corridor Overlay 107 District. 108 (c) Conditional uses. Subject to general requirements 109 and to the regulations of the underlying zoning district, all 110 uses and structures permitted as conditional uses in the 111 underlying zoning district in which they are located shall be 112 permitted as conditional uses within the Shore Drive Corridor (2) Multiple-family dwellings in the B-4 Commcrci~l Mixed Use District; (3) Attached dwellings in the B-4 (SO) I\coort Commcrci~l 113 Overlay 114 structures: 115 116 117 118 119 120 121 122 123 124 125 126 (1) District, well the following and as as uses Hotels and motels in the B-4 (SO) I\coort Commcrci~l Mixed Use District; (SO) RC':JOrt (4 ) Mixed Use District; Boat sales in the B-4 (SO) I\coort Commcrci~l Mixed Use or B-2(SD) Community Business Districts; and Commercial parking lots, parking garages and storage garages located in the B-4 (SO) I\coort Commcrci~l Mixed Use or B-2(SD) Community Business Districts. (5 ) (d) Additions single-family dwellings, duplexes, to 127 attached dwellings and multiple-family dwellings not increasing 128 the number of dwelling units in any such use shall be permitted 5 129 as a matter of right, provided that all other requirements of 130 this ordinance are met. Where setbacks or other dimensional 131 requirements pertaining to such additions are not specified in 132 the regulations of the underlying zoning district, such 133 requirements shall be as specified in the A-18 Apartment 134 District. 135 136 137 138 Sec. 1704. Dimensional and other requirements; density; landscape screening and buffering. Subject to the provisions of Section 1703 of this 139 ordinance, dimensional and other requirements for uses and 140 structures located within the Shore Drive Corridor Overlay 141 District shall be as specified in the underlying zoning 142 district; provided, however, that: 143 (a) The density of multiple-family dwellings shall not 144 exceed: 145 (1 ) Eighteen(18)units per acre or the maximum density 146 permitted by the regulations of the underlying 147 zonlng district, whichever is the lesser, on 148 zoning lots having a lot area of thirty thousand 149 (30,000)square feet or less; 150 (2 ) Twenty-four (24) units per acre or the maximum 151 density permitted by the regulations of the 152 underlying zoning district, whichever is the 153 lesser, on zoning lots having a lot area greater 6 154 than thirty thousand (30,000) square feet and 155 less than four(4)acres; or 156 (3 ) Thirty-six (36) units per acre or the maximum 157 density permitted by the regulations of the 158 underlying zoning district, whichever is the 159 lesser, on zoning lots having a lot area 160 four(4)acres or more. 161 (b) Where a zoning lot within the B-2(SD) or B-4 (SO) 162 district adjoins any district in which single-family dwellings, 163 duplexes, attached dwellings or multiple-family dwellings are 164 permitted as a conditional or principal use, wi thout an 165 intervening street, alley or body of water over twenty- 166 five(25)feet in width, a fifteen-foot minimum yard shall be 167 required along all lot lines adj oining such district. Category 168 IV landscape screening shall be required, and no other uses or 169 structures shall be permitted, within the yard. 170 (c) The following chart lists the requirements within the 171 B-4 HC:::JOrt Commcrciol Mixed Use District (Shore Drive Corridor 172 Overlay District) for minimum lot area, width, yard spacing and 173 maximum lot coverage for duplex dwellings. For duplex dwellings 174 in the B-4(SD) HC80rt Commcrci.::ll Mixed Use (Shore Drive Corridor 175 Overlay District) : 176 Duplexes 177 7 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 (1 ) (2 ) (3 ) ( 4 ) (5) 10,000 square feet 75 feet 20 feet Minimum lot area Minimum lot width Minimum front yard Minimum front yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance Minimum side yard (6) Minimum side yard setback when adjacent to a street Minimum side yard setback when adjacent to a 40-foot right-of-way created in accordance with section 4.1(m) of the subdivision ordinance Minimum rear yard As an exception, the setback for any yard adjacent to the Chesapeake Bay for any structures shall be 30 feet in the B-4(SD) District Maximum lot coverage Maximum total of building floor area and area of garages greater than 1,000 square feet expressed as a percentage of maximum allowable lot coverage Maximum area of impervious cover, as defined in 103 of the Chesapeake Bay Preservation Area Ordinance, expressed as a percentage of lot size 25 feet 10 feet Duplexes 15 feet 20 feet 20 feet 35 percent 200 percent 60 percent Adopted by the Council of the City of Virginia Beach, 8 216 Virginia, on the 12th day of October, 2004. (7 ) ( 8 ) ( 9) ( 10) (11 ) (12) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY SETTING FORTH THE LEGISLATIVE INTENT OF THE B-4 MIXED USE DISTRICT AND B- 4C CENTRAL BUSINESS MIXED USE DISTRICT AND ESTABLISHING USE REGULATIONS, DIMENSIONAL REQUIREMENTS, SIGN REGULATIONS, OFF-STREET PARKING REGULATIONS AND DENSITY RESTRICTIONS IN THE B-4C CENTRAL BUSINESS MIXED USE DISTRICT Sections Sections and 906 Amended: 203, 900, City Zoning 901,902,903, Ordinance 904, 905 WHEREAS, the public necessity, convenience, general welfare 19 and good zoning practice so require; 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIGINIA 21 BEACH, VIRGINIA, VIRGINIA: 22 That Sections 203, 900, 901, 902, 903, 904, 905 and 906 23 of the City Code are hereby amended and reordained to read as 24 follows: 25 26 27 28 29 30 31 32 33 34 35 36 37 ARTICLE 2 . GENERAL REQUIREMENTS AND APPLICABLE TO ALL DISTRICTS PROCEDURES A. REGULATIONS RELATING TO LOTS, YARDS, OFF-STREET PARKING AND OFF-STREET LOADING HEIGHTS, Sec. 203. Off-street parking requirements. (g) Notwithstanding any contrary provision of this 38 section, within the B-3A Pembroke Central Business Core District 1 39 and B-4C central Business Mixed Use District, there shall be 40 provided for nonresidential uses, except hotels and uses 41 accessory to hotels, no fewer than three (3) spaces per one 42 thousand (1,000) square feet of gross floor area, and for 43 residential uses no fewer than one and seven-tenths (1.7) spaces 44 per dwelling unit. Parking requirements for hotels and uses 45 accessory to hotels shall be as specified in subsection (a). 46 (h) Notwithstanding anything In this ordinance to the 47 contrary, required off - street parking for any use located on 48 property within the B-3A Pembroke central Business Core District 49 or B-4C Central Business Mixed Use District may be made 50 available for use by the general public as well as by the 51 customers or patrons of such use. The required number and 52 dimensions of parking spaces shall be as specified in this 53 section, and no parking space shall be used to satisfy the 54 parking requirement of more than one (1) establishment. 55 (i) Parking requirements for uses within the B-3A Pembroke 56 Central Business Core District or B-4C Central Business Mixed 57 Use District may be satisfied by anyone, or a combination of, 58 the following: 59 60 61 (1) On-site parking; (2 ) Off-site parking facilities, as set forth in Section 901 of this ordinance; or 2 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 ( 3) Public parking, if the Planning Director determines (i) that there is at least a sufficient number of public parking located within the same spaces development phase of the B-3A District or B-4C District as the proposed use to meet public parking demands; (ii) that such public parking spaces are not used to satisfy the parking requirements of any other use, and (iii) that the use of such public parking spaces to satisfy the parking requirements of the proposed use, either wholly or partially, is warranted in light of the following considerations: A. The extent to which the proposed use advances the goals and objectives of the B-3A Pembroke Central Business Core District or B-4C Central Business Mixed Use District, as the case may be, as stated in Section 900 of the City Zoning Ordinance; The extent to which the proposed use conforms to the Urban Design Plan component of the Virginia Beach Central Business District Master Plan if such proposed use is within the B-3A Pembroke B. Central Business Core District if the or, proposed use is within the B-4C Central Business Mixed Use District, the extent to which it 3 85 conforms to the Mixed Use Development Guidelines; 86 and 87 C. The amount of the proj ected tax revenue to be 88 generated by the proposed use and improvements. 89 For purposes of this section, the term "parking 90 requirements" shall mean the number of off-street vehicular 91 parking spaces required by this section. 92 93 ARTICLE 9. BUSINESS DISTRICTS 94 95 Sec. 900. Legislative intent. 96 97 The purpose of the B-1 Neighborhood Business District is to 98 provide areas where a limited range of business establishments 99 can be located near or adjacent to residential development 100 without adversely impacting the adj acent residential area. The 101 purpose of the B-1A Limited Corrununity Business District is to 102 provide areas where limited corrunercial development can be 103 dispersed to support the needs of nearby residential 104 neighborhoods. The purpose of the B-2 Corrununity Business 105 District is to provide land needed for corrununity-wide business 106 establishments. This district is intended for general 107 application in the city. It is intended that, by the creation of 108 this district, business uses will be geographically 109 concentrated. The purpose of the B-3 Central Business District 110 is to set apart that portion of the city which forms the 4 111 metropolitan center for financial, commercial, professional and 112 cultural activities, including business, professional and 113 cultural development in a manner that complements the B-3A 114 Pembroke Central Business Core District and the policies 115 identified in the City of Virginia Beach Comprehensive Plan. It 116 is intended that any uses likely to create friction with these 117 proposed types of activities will be discouraged. This district 118 is not intended for general application throughout the city. The 119 purpose of the B-3A Pembroke Central Business Core District lS 120 to optimize development potential for a mixed-use, pedestrian- 121 122 oriented, urban acti vi ty center with mid- to structures that contain numerous types of uses, high-rise including 123 business, retail, residential, cultural, educational and other 124 public and private uses. The B-3A district is intended to 125 comprise publicly accessible community open space areas, 126 generally reflective of the concepts identified in the city's 127 Comprehensive Plan and the Pembroke Central Business District 128 Master Plan. Requests for rezonings to the B-3A Pembroke Central 129 Business Core District shall be limited within the area bound by 130 Independence Boulevard, Jeanne Street, Constitution Drive and 131 the Norfolk-Southern Railroad right-of-way. As to those 132 buildings and structures rendered nonconforming by a rezoning to 133 B-3A, it is the intent of the City Council to encourage their 134 appropriate expansion or renovation by resolution, as set forth 5 135 in section 105, in order to effectuate the intent of this 136 section. This district is not intended for general application 137 throughout the city. The purpose of the B-4 P.CJort Commerci.::tl 138 Mixed Use District is to provide for retail and commercial 139 service facilities and residential uses to oer7e the need.:; of 140 7i.:;itor.:; in those areas of the city where a mixture of such uses 141 is desirable and recommended by the policies of the 142 Comprehensive Plan. to exi.:;ting re.:;ort .::tre.::to .::tnd re.:;idento 143 li7ing in or .::tdj.::teent to .:;uch .::tre.::t.:;. It i.:; not the intent to 144 cre.::tte .::tddition.::tl B 1 Di.:;tricto or enl.::trge the limito of 145 exioting B 4 Di.:;trict.:;. The purpose of the B-4C Central Business 146 Mixed Use District is to provide an area that complements the B- 147 3A pembroke Central Business Core District through quality mixed 148 use development at intensities and patterns that support 14 9 multiple modes of transportation, higher residential densities, 150 and an integrated mix of residential and non-residential uses 151 within the same building or on the same lot. Requests for 152 rezonings to the B-4C Central Business Mixed Use District shall 153 be limited to the area surrounding the B-3A Pembroke Central 154 Business Core District and generally bounded by Thalia Creek on 155 the east, Interstate 264 on the south, Aragona Boulevard on the 156 west, and Jeanne Street and Broad Street on the north. 157 Development wi thin the B-4C Central Business Mixed Use District 6 158 should adhere to the Comprehensive Plan's Mixed Use Development 159 Guidelines. 160 161 Sec. 901. Use regulations. 162 (a) Principal and conditional uses. The following chart 163 lists those uses permitted within the B-1 through B-4 Business 164 Districts. Those uses and structures in the respective business 165 districts shall be permitted as either principal uses indicated 166 by a "P" or as conditional uses indicated by a "C." Uses and 167 structures indicated by an "X" shall be prohibited in the 168 respective districts. No uses or structures other than as 169 specified shall be permitted. 170 7 171 172 173 174 175 176 177 178 179 180 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C estab- commercial kennels, provided all Animal hospitals, veterinary lishments, pounds, shelters, animals shall be kept in soundproofed, air-conditioned p p p p p p buildings Antennas, building -mounted x x p p p p p Auditoriums, assembly halls, and union halls x C p p p 181 Automobile repair garages and small engine repair 182 establishments, provided that all repair work shall be performed 183 within a building X X C X X C X 184 185 Automobile repair establishments dealing exclusively in minor repairs of the type provided at automobile service stations X x 186 Automobile service stations; provided that, where there is an 187 adjoining residential or apartment district without an 188 intervening street, alley or permanent open space over twenty- 189 five (25) feet in width and where lots separated by a district 190 boundary have adjacent front yards, Category VI screening shall 191 separate the automobile service station use from the adjacent 192 residential district or apartment district and no ground sign 193 shall be within fifty (50) feet of the residential district or 194 apartment district X X C C X C X 195 196 197 198 199 200 201 202 203 204 205 Bakeries,confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises P P P P P P P Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C Bed and breakfast inns X X X X X C X Beverage manufacturing shops, which shall not exceed three thousand (3,000) square feet in floor area X X P P X Bicycle and moped rental establishments X X X X x C Bingo halls X x C X X C X Boat sales x X P X X P X Body piercing establishments X C X X x x X 8 206 207 208 209 210 211 212 Borrow pits x x C x x x x Bulk storage yards and building contractors yards; provided that no sale or processing of scrap, salvage or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary openings in ingress and egress by a fence or wall not less than six (6) feet in height X X C X X X X 213 Business and vocational schools which do not involve the 214 operation of woodwork shops, machine shops or other similar 215 facilities X C C C C C C 216 217 Business studios, offices and clinics p p p p p p Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C 218 Car wash facilities, provided that: (i) no water produced by 219 activities on the zoning lot shall be permitted to fall upon or 220 drain across public streets or sidewalks or adjacent properties; 221 (ii) a minimum of three (3) off-street parking spaces for 222 automobiles shall be provided for each car wash space within the 223 facility X X C C C C X 224 225 226 Child care and child care education centers C C p p p Churches X C C C C C C Colleges and universities, public or private X C C C C 227 Commercial parking lots, parking garages, parking structures and 228 storage garages X X P P P P P 229 230 231 Commercial parking gar-ages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto X X C 232 Commercial recreation facilities other than those of an outdoor 233 nature X X C C C p C 234 235 236 237 238 Dormitories for marine pilots X X X X C X X Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C Drugstores, beauty shops and barbershops and other similar personal service establishments P P P P P P P Dwellings, Attached X X X X P X X 9 239 240 241 242 243 244 245 246 Dwellings, Multi-family x x c p c x x Eating and drinking establishments without drive-through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section x x Eating and drinking establishments with drive-through windows, except as specified below X X P P X P X Eating and drinking establishments without drive-through windows, except as specified below P P P P X p X 247 Eating and drinking establishments where all three of the 248 following occur: 249 1. Alcoholic beverages are served; 250 2. The establishment is located within five hundred (500) feet 251 of a residential or apartment district; 252 3. The establishment excludes persons on the basis of age during 253 any 254 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C 255 part of the day, or provides entertainment, audible from an 256 adjoining property. X X C C C C C 257 258 259 260 261 262 263 264 265 266 267 268 269 Fiber-optics transmission facilities c c c c X X Financial institutions P p P P P P P Flea markets X X c c c c c Florists, gift shops and stationery stores p P P P p Funeral homes X p p p X p X Furniture repair and upholstering, repalr services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses X P P P X P Greenhouses and plant nurseries P P X X P X X Grocery stores, carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet C C P P 10 270 Grocery stores, carry-out food stores and convenience stores 271 whether or not freestanding, but 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C in a structure of a gross floor area of not less than five thousand (5,000) square feet X X P P C p c Grocery stores, carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet P P P Heliports and helistops X X c c c c c Home occupations X X X X c c c Housing for seniors and disabled persons or handicapped, including convalescent or nursing; maternity homes; child care centers other than covered under permitted principal uses hereinabove, provided that the maximum height shall not exceed one hundred and sixty-five (165) feet; provided, however, that no structure shall exceed the height limit established by section 202(b) regarding air navigation C C X X C C Hospitals and sanitariums X C C C C C X Hotels and motels X X X P P P P 289 Hotels and motels with increased lodging unit density and 290 height, provided that the maximum 291 292 293 294 295 296 297 298 299 300 301 302 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C density shall be one hundred and twenty (120) lodging units per acre, the minimum lot area shall be one acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no structure shall exceed the height limit established by section 202(b) regarding air navigation X X X X X C Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices X X P P Laundry and dry cleaning agencies P P P P P P P Liquor stores, package only P P P P P P P Marinas, commercial X C C X C X X Medical and dental offices and clinics P P P P P P 11 303 304 305 Medical laboratories x x p p p p p Mini-warehouses x c c c x c x Mobile home sales x x c x x x x 306 Motor vehicle sales and rental, provided the minimum lot size is 307 twenty thousand (20,000) square feet; and provided further, that 308 truck and trailer rentals shall comply with the provisions of 309 section 242.2 X X C C X C X 310 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C 311 Motor vehicle sales and rental, provided such use is wholly 312 enclosed within a building, and further provided that no outdoor 313 use accessory to or in conjunction with the principal use shall 314 be allowed X X X X p X p 315 316 Museums and art galleries C p p p p p p Newspaper printing and publishing, job and commercial printing p X 317 Off-site parking facilities for any use within the B-3L eT B- 318 3Aor B-4C Districts may be permitted on any zoning lot within 319 either any of those t.,'o (2) three (3) districts, provided all of 320 the following requirements are met: (a) Structures for parking 321 facilities shall conform to the regulations of the district in 322 which located; (b) Off-site parking facilities shall be located 323 within one thousand, five hundred (1,500) feet from the use they 324 are intended to serve, but in no case shall any such facility be 325 located opposite Virginia Beach Boulevard and Independence 326 Boulevard unless grade-separated pedestrian access is provided; 327 (c) Off-site parking structures serving 328 329 330 331 332 333 334 335 336 337 338 339 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C uses within the B-3A District shall not be separated by Independence Boulevard; (d) A written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney X X X P P X p Outdoor cafes p p p p p p p 12 340 341 Outdoor plazas P P P P P P P Passenger transportation terminals x C C C c c x 342 Passenger vessels permitted by U.S. Coast Guard regulations to 343 carry more than one hundred forty-nine (149) passengers and used 344 for commercial purposes X X C X X C X 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 Personal service establishments, other than those listed separately P P P P P P P Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C Personal watercraft rentals C C C X C X X Private clubs, lodges, social centers, eleemosynary establishments and athletic clubs P P P P P P P Public buildings and grounds P P P P P P P Public utilities installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings P P P Public utilities offices X P P P P P X Public utility storage or maintenance installations X C C X 361 Radio and television broadcasting stations and line-of-sight 362 relay devices X C C C C C C 363 Recreational and amusement facilities of an outdoor nature, 364 which may be partially or temporarily 365 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C 366 enclosed on a seasonal basis with approval of city council; 367 provided that, in the development of such properties, safeguards 368 are provided to preserve and protect the existing character of 369 adjacent properties, except that riding academies and 370 recreational campgrounds shall not be allowed as a conditional 371 use or otherwise X C C C C C C 372 373 Repair and sales for radio and television and other household appliances and small business machines P P P P P P 13 374 Retail establishments, other than those listed separately, 375 including the incidental manufacturing of goods for sale only at 376 retail on the premises; retail sales and display rooms and lots, 377 provided that yards for storage of new or used building 378 materials or yards for any scrap or salvage operations or for 379 storage or display of any scrap, salvage or secondhand building 380 materials or automobile parts shall not be allowed, further 381 provided that adult book stores shall be prohibited from 382 locating within five hundred (500) feet of any apartment or 383 residential district, single- or 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 Use B-1 B-1A B-2 B-3 B-3A B-4 B-4C multiple-family dwelling, church, park, or school P P P x Satellite wagering facility C C C x C x x Specialty shops C P P P P P P Storage garages x x P P x P x Tattoo parlors x x C x x x x Wholesaling and distribution operations, provided that such operations do not involve the use of: (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at more than one and one-half (1 1/2) tons, or (iii) a total of more than five (5) delivery vehicles X X P C X Sec. 902. Dimensional requirements. (b) The following chart lists the requirements within the 403 B-3A Pembroke Central Business Core District and B-4C Central 404 Business Mixed Use District for minimum lot area, width, and 405 yard spacing for all uses and structures: 406 407 408 B-3A B-4C (1) Minimum lot area in square feet: 10,000 10,000 14 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 (2 ) ( 3) (4 ) (5 ) ( 6) ill Minimum lot width in feet:* 100 100 Minimum setback from a street in feet 0 o Maximum setback from a street in feet. There shall be no maximum setback from a street for structures where the total floor area consists of residential use. 10 10 Minimum side yard setback in feet, unless otherwise identified herein or a greater setback is required by section 903 0 o Minimum rear yard setback in feet, unless a greater setback is required by section 903 0 o ill Maximum density per acre of multifamily dwellings in the B-4C District. Density shall be determined based on the area of the entire zoning lot, even if such lot is partially occupied by other principal uses or conditional uses. For every 10,000 square feet of commercial space in a given development project, an additional dwelling unit per acre beyond that allowed by the maximum B-3A B-4C density may be built. N/A 36 Maximum density of hotels and motels N/A 80 *Where applicable, newly created corner lots must also 445 adhere to section 4.4(c) of the Subdivision Ordinance, requiring 446 lot width certain lots. additional on owner 447 Except as otherwise provided herein, setbacks affecting only the 448 first floor of multistory buildings may be increased by no more 15 449 than twenty (20) feet in order to allow the creation of covered 450 passageways within the B-3A and B-4C Districts. In addition, 451 building setbacks adjacent to roadway intersections may be 452 increased to provide safe and reasonable line-of-sight 453 clearances. 454 455 (d) The following chart lists the requirements wi thin the 456 B-4 l\C:Jort Commcrci;}l Mixed Use District for minimum lot area, 457 width, yard spacing, maximum lot coverage, maximum density and 458 maximum number of units constructed in a single building for 459 single-family attached dwellings (townhouses). 460 461 For attached dwellings (townhouses): 462 B-4 (1 ) Minimum lot area in square feet: (2 ) Minimum average lot area in square feet: (3) Minimum interior lot width in feet:* (4 ) Minimum exterior lot width in feet: (5) Minimum front yard setback in feet: (6 ) Minimum side yard setback in feet: (7 ) Minimum rear yard setback for dwellings in feet: (8 ) Minimum rear yard setback for accessory buildings of less than 100 square feet, in feet: 16 476 477 478 479 480 481 482 483 484 (9) Maximum lot coverage by buildings and parking, excluding recreational buildings and surfaces in percent: 40 (10) Maximum density in dwellings per acre: 12 (11) Maximum number of attached dwellings in one group without side yard setbacks: 6 *Where applicable, newly created corner lots must also 485 adhere to section 4.4(c) of the Subdivision Ordinance, requiring 486 additional lot width on certain corner lots. 487 488 (e) The following chart lists the requirements wi thin the 489 8-4 Mixed Use Hcsort Commcrci.J.l District for minimum lot area, 490 width, yard spacing, maximum lot coverage and maximum density 491 for multiple-family dwellings. 492 For multiple-family dwellings: 493 B-4 494 495 496 497 498 499 500 501 502 503 ( 1) Minimum lot area in square feet: 40,000 (2 ) Minimum lot width in feet: 200 (3) Minimum front yard setback in feet:* 30 (4 ) Minimum side yard setback in feet: 8 (5 ) Minimum rear yard setback in feet: 10 ( 6) Maximum lot coverage by buildings and parking, excluding recreational buildings and surfaces in percent: 75 (7) Maximum density in dwelling units per acre: 36 17 504 *Where applicable, newly created corner lots must also 505 adhere to section 4.4(c) of the Subdivision Ordinance, requiring 506 additional lot width on certain corner lots. 507 508 Sec. 903. Landscape screening and buffering regulations. 509 For the B-1 through B-4 Commercial Districts, the following 510 landscape screening and buffering regulations shall apply: 511 (a) When a zoning lot within a B-1 or B-IA Commcrci~l 512 Business District adjoins a residential, apartment or hotel 513 district without an intervening street, alley or body of water 514 over twenty-five (25) feet in width, a fifteen-foot minimum yard 515 shall be required along all lot lines adjoining the residential, 516 apartment or hotel district. Category I landscape screening 517 shall be required within the yard area. No other uses or 518 structures shall be permitted in such yards. 519 (b) When a zoning lot within a the B-2, B-3, B-3AL er B-4 520 or B-4C Commcrci~l District adj oins a residential or apartment 521 district without an intervening street, alley or body of water 522 over twenty-five (25) feet in width, a fifteen-foot minimum yard 523 shall be required along all lot lines adj oining the residential 524 or apartment district. Category IV landscape screening shall be 525 required within the yard area. No other uses or structures shall 526 be permitted in such yards. 18 527 (c) When a zoning lot within a the B-2, B-3, B-3AL eT B-4 528 or B-4C Commcrci~l District adjoins an 0-1 Office District 529 without an intervening street, alley or body of water over 530 twenty-five (25) feet in width, a ten-foot minimum yard shall be 531 required along all lot lines adjoining the office district. 532 Category I landscape screening shall be required within the yard 533 area. No other uses or structures shall be permitted in such 534 yards. 535 Sec. 904. Height regulations. 536 537 (b) Where a zoning lot wi thin the B-2 Community Business 538 District, B-3 Central Business District, B-3A Pembroke Central 539 Business Core DistrictL eT B-4 Mixed Use Rcsort Commcrci~l 540 District or B-4C Central Business Mixed Use District adjoins the 541 side or rear yard of a zoning lot in a residential or apartment 542 district without an intervening street or alley over twenty-five 543 (25) feet in width or a body of water over fifty (50) feet in 544 width, the following maximum height regulations shall apply on 545 that portion of the commercial zoning lot wi thin one hundred 546 (100) feet of the adj oining residential or apartment district. 547 In cases where more than one of the following apply, the most 548 restrictive shall apply. 549 550 (1) When adjacent to residential district, the maximum height shall be thirty-five (35) feet. 19 551 552 553 554 555 556 557 (2) When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet. (3) When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet. (4) When adjacent to A-36 Apartment District, the maximum height shall be one hundred twenty (120)feet. (c) The maximum height for hotels and motels within the B- 558 4 Rcoort Commcrci0l Mixed Use District is seventy-five (75) feet. 559 560 561 562 563 564 565 566 567 568 (d) Except specified in (a) , (b) and (c) items as hereinabove, there shall be no maximum height regulations in the B-2, B-3 and B-4 Commcrci0l Districts. Within the B-3A Pembroke Central Business Core District, the minimum building height shall be thirty-five(35)feet and the maximum building height shall be four hundred (400) feet. In the B-4C Central Business Mixed Use District, minimum building height shall be thirty-five (35) feet and the maximum building height shall be two hundred (200) feet. (e) Notwithstanding the above, no building or other 569 structure shall exceed the height limit established by section 570 202(b) regarding air navigation. 571 20 571 572 Sec. 905. Sign regulations. 573 574 (d) Within the B-3A Pembroke Central Business Core 575 District and the B-4C Central Business Mixed Use District, signs 576 shall be permitted as follows: 577 ( 1 ) For each foot of occupancy frontage an establishment 578 shall have no more than sixty one-hundredths (.60) 579 square feet of sign area. No single establishment 580 shall have more than four (4) signs, nor more than two 581 (2 )signs per building facade, and no individual sign 582 shall exceed sixty (60) square feet in surface area. 583 Any establishment having less than forty (40) feet of 584 occupancy frontage may have one (1) sign not exceeding 585 twenty-four (24) square feet. No such sign shall be 586 allowed above the second story of any building. 587 (2) A sign identifying the entrance to upper-floor 588 residential dwelling units shall be permitted; 589 provided, that no such sign shall exceed eight (8) 590 square feet of surface area, and that the number of 591 signs shall be limited to one (1) sign at street level 592 at each principal entrance. 593 (2.5) Commercial buildings, including hotels and motels, of 594 less than five (5) stories in height shall have no 21 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 (3.5) more than two (2) building identification signs, and no sign shall have a surface area exceeding one hundred fifty (150) square feet. Such signs shall be ( 3) mounted on or above the fourth story of the building, but not above the roofline of such building, and only one (1) sign per building facade shall be allowed. Addi tionally, two (2) building identification signs, not exceeding twenty (20) square feet each, shall be allowed at street level if the building has a street level entrance. Commercial buildings, including hotels and motels, of five (5) stories to ten (10) stories shall have no more than two (2) building identification signs, and no sign shall have a surface area exceeding two hundred (200) square feet. Such signs shall be mounted on or above the top one-quarter (1/4) of the building, but not above the roofline of such building, and only one ( 1) sign per building facade shall be allowed. Additionally, two (2) building identification signs, not exceeding twenty (20) square feet each, may be allowed at street level, if the building has a street level entrance. Commercial building, including hotels and motels, of more than ten (10) stories in height shall have no 22 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 (3.7) more than two (2) building identification signs, and no sign shall have a surface area exceeding three hundred (300) square feet. All signs shall be mounted on or above the top one-quarter (1/4)of the building, but not above the roofline of such building, and only one (1) sign per building facade shall be allowed. Additionally, two (2) building identification signs, not exceeding twenty (20) square feet each, may be allowed at street level, if the building has a street level entrance. Maj or Tenant Sign Option. For each foot of building footage, a major tenant may have a maximum of one and two-tenths (1.2) square feet of sign area, provided that pedestrian scale features and amenities such as outdoor cafe seating, kiosk areas, planters, fountains, display windows or sculptures are provided on the facade or adj acent thereto. No maj or tenant shall have a total of more than four (4) signs, nor more than two (2) signs per building facade. (4) All freestanding signs shall be approved by the City Council, as consistent with the general purpose and intent of the design provisions presented in the July, 1991, Pembroke Central Business District Master Plan 23 and any applicable design standards approved by city council. Signs on building awnings shall not be included in determining the number of building signs permitted, or in determining permissible sign area, if they meet the following criteria: 642 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 (5 ) a. b. c. d. Such signs are uniform in font, color, size and style; Only the name of the establishment appears on the awning; There is only one (1) sign per awning; and Such are no larger than two (2) square feet. Public or private parking structures and parking garages may have one (1) sign per vehicle entrance and two (2) additional signs. Such signs shall have no more than seventy-five (75) square feet of surface area and shall identify the building on which they are located as a parking structure or parking garage. (7) As used in this section: (6 ) a. "Occupancy frontage" means the exterior length of that portion of a building occupied exclusively by a single establishment having at least one (1) exterior public access; 24 665 666 667 668 669 670 671 672 673 674 675 676 677 678 679 680 681 b. "Building identification sign" means a sign which displays only the name of the building on which it is located; "Major tenant" means the space in a building c. occupied by a single establishment with a d. building wall height of at least thirty-five (35) feet and with at least one (1) continuous wall containing at least eighty (80) feet of building frontage; and "Building frontage" means the exterior length of that portion of a building occupied exclusively by a single establishment. (e) Within the B-4 RC80rt Commcrci~l Mixed Use District, the sign regulations shall apply as follows: 682 Sec. 906. Off-street parking regulations. 683 Parking shall be required for all uses and structures 684 permitted in the B-1 through B 4 Commcrci~l B-4C Central 685 Business Mixed Use Districts in accordance with Section 203. 686 For single-family attached (townhouse) developments, no parking 687 area on any lot shall exceed farther than twenty (20) feet from 688 the right-of-way line and no area within a garage, or an 25 689 enclosed or covered space shall be counted toward meeting off- 690 street parking requirements. 691 692 Adopted by the Council of the City of Virginia Beach on the 693 12th day of October, 2004. 26 1 2 3 4 5 AN ORDINANCE COMPREHENSIVE INCORPORATION DEVELOPMENT TO PLAN OF THE AMEND THE BY THE MIXED USE GUIDELINES 5 WHEREAS, on September 8, 2004, the Planning Commission held 6 a public hearing concerning the amendment of the Comprehensive 7 Plan (the "Plan") by the incorporation of the Mixed Use 8 Development Guidelines (the "Guidelines), and at the conclusion 9 of such public hearing, recommended that the Plan be amended by 10 the incorporation of the said Guidelines as an appendix to the 11 Plan; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 13 CITY OF VIRGINIA BEACH, VIRGINIA: 14 That the Comprehensive Plan be, and hereby is, amended and 15 reordained by the incorporation of the Mixed Use Development 16 Guidelines, as an appendix to the Comprehensive Plan. A true 17 copy of the said Guidelines was exhibited to the Planning 18 Commission on September 8, 2004, and on this day to the City 19 Council. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 12th day of October , 2004. 22 CA-9369 23 OIDjordresjBikewaysjComp Plan2.doc 24 R-1 25 September 1, 2004 26 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: I1J;))M jV/. ;VmJi City Attorney's Office 27 28 2 Mixed Use Development T Guidelines „ , 1•r • 1111.11.111r- • t �� � �. ..,.. .4.. i P:41 d -u `�`-�.4i� $‘14( ""''' 111 -Lt .� 11 11 Imo, ` 1111 .16 4 City of Virginia Beach, Virginia --- F (THIS PAGE LEFT BLANK INTENTIONALLY) a --momminur-iimullimimimimm Mixed Use .., .004, ,„,4, Development 4000440"101,4** 010 . , .. vi--..,..„, 4A4 City Council Guidelines Meyera E. Oberndorf, Mayor Louis R. Jones, Vice Mayor- Bayside District t Harry E. Diezel - Kempsville District a Bob Dyer- Centerville District 3 Richard Maddox - Beach District = .f Reba S. McClanan - Rose Hall District * - Jim Reeve - Princess Anne District "" • Peter W. Schmidt - At-Large Member , ._ ; Ron A. Villanueva - At-Large Member - Rosemary Wilson - At-Large Member James L. Wood - Lynnhaven District Planning Commission Dorothy L. Wood, Chair- At-Large Member William W. Din, Vice-Chair- Kempsville District 4 Joseph E. Strange, Secretary - Centerville District :> Janice P. Anderson - Beach District "" 7. . 111 11 Eugene F. Crabtree - Rose Hall District i. l' ' ' Donald H. Horsley - At-Large Member 1-1. 1` , ~ ,al , Ili I I Katherine K. Katsias - Lynnhaven District i _l ' � Barry D. Knight - Princess Anne District I I ii Robert S. Miller, Ill - At-Large Member � l I Ronald C. Ripley- Bayside District f 'i P" John S. Waller- At-Large Member .,,�.. 8rtit71 11"..„:+% .400% 4 '.P. Y __1s.. p '.4 i ky-akili to.. y1 Prepared by the Department of Planning - «. :. t r Robert J. Scott, Director �" � : - 14.g ;1 . yr,' ' '"' ' ? V*), Project Staff: , i Stephen J. White, Ph.D., AICP, Planning t.tot Evaluation Coordinators***44.4.440048/ r ,1,..,i . 3 it .044 1 t Table of Contents 1 - Mixed Use Development 1 2-Site Design 4 3 - Building Mass and Design 6 4- Form and Roofline 8 5- Building Entrances 9 6-Architectural Features 10 7- Materials and Colors 11 8-Signage and Lighting 12 13 9- Outdoor Spaces and Amenities ! rte u Mixed Use Development "Mixed use" is a type of land development that suits the g9reat truism that `what's old becomes new again.' Prior to the early part of the 20t Century, the development of land in almost any urban area was `mixed,' with homes, shops, and workplaces blended either within the same building or juxtaposed to each other. The denseness of the development and the mixture of uses resulted in an environment where walking was the primary mode of transportation for those who lived, visited, and worked in these cities. In the early 20th Century, with the introduction of new modes of transportation and new legal frameworks for regulating land use and land development, the pattern of land use in cities changed and mixed use became an infrequent form of development in all but the largest cities in the United States. In its place came a pattern that we are familiar with today, exemplified by the segregation of uses and a heavy dependence on the automobile as the means of moving from one place to another. Toward the end of the 20th Century, and particularly as we entered the 21st Century, we came to the realization that our dependence on the segregated form of land use as the primary method of development may not be the best method for all circumstances. New forms of land use and development have evolved, some of which have been stimulated by various schools of thought regarding urban and regional planning including "Neo-Traditional Development," "New Urbanism," and "Smart Growth." No matter what the name, each school of thought on how we should use and develop our land k utilizes the concept of mixing uses and at higher densities. The use of mixed use development is MN @MP .:_ particularly advocated in situations where land 00 F kN available for development is scarce (for whatever ; ; _.; reason) and there is a desire to maintain growth ! within a pre-defined area rather than allowinggrowth ' �° -� to continually spread outward beyond the existing " r° area of development, which is a known outcome of a , the use-segregated, low-density pattern used during k':' most of the 20th Century. t : b •:, �s , w lire In sum, the idea at the heart of this document when it r. comes to mixed use is the transformation of the ,i pattern of development in certain areas of Virginia Beach where advocated by the Comprehensive Plan from a "suburban" one to an "urban" one. Many people believe that the term `urban' refers only to The vision that many people have high-rise construction or big buildings close together when they think of "urban."This is as evidenced most often by such places as New York, not the type of `urban' referred to London, or Paris. In its truest sense, "urban" most by these guidelines. Page 1 ----- 11.11111111.1111111111111111.1 accurately describes those parts of our built environment that are discernibly different from their suburban and rural counterparts. It connotes denser arrangements of buildings characterized by overlapping patterns of use and activities, and clearly defined, humanely-scaled external spaces, where citizens can conduct their business and meet and mingle freely with others. These factors create a system of relationships that is larger and more comprehensive than the design of individual buildings, and which requires special consideration for best results. The organization of these various factors, including building design, landscape, open space and transportation is referred to as "urban design," and these guidelines provide clear examples of the practices that are necessary for the creation of successful, memorable places within the City of Virginia Beach. Urban design is intended to bring order, clarity and a pleasing harmony to the urban places within the city. Urban design creates the "character" of a place. This character is primarily formed by the arrangement and details of the elements that defines it —the walls of buildings that enclose a plaza, for example; or the storefronts along the commercial street; or the dwellings that line a residential avenue. These guidelines provide guidance on the appropriate urban design for mixed-use environments in the City of Virginia Beach. The latest Comprehensive Plan for the City of Virginia Beach notes that the city has reached the point in its history where mixed-use development must play a critical role in the future growth of the city in order to maintain its overall health: In envisioning the redeveloped city of the future, it is apparent that in the Strategic Growth Areas where high intensity uses critical to our future tax and employment base must go, there frequently exist today lesser intensity uses that do not fully utilize their locational advantage, and so a transition must take place. Often these current uses were well located with respect to the market forces at play when they were instituted, but since then circumstances have changed. Eventually, market forces will cause these uses to relocate to more appropriate sites, often at great profit to the landowner, but this process is often more gradual than is compatible with this plan or are of the type that fail to achieve true potential of a site. The uses involved are often service-related and low intensity commercial uses that are essential elements of a livable community, and so their retention in the community is vital. If the strategic growth areas identified in the plan are to serve their intended purpose, then a transition from less intense to more intense land use must occur and the plan must identify suitable sites and areas to which the owners and operators of these uses can willingly and easily relocate. The identification of such available alternative sites will speed the transition process (p. 52). Page 2 To accomplish this transition from 'less intense to more intense land use' within the Strategic Growth Areas identified by the Comprehensive Plan, the Plan suggests several steps as part of an overall strategy, one of which notes that we must develop mixed use as a principal tool for redevelopment and as a preferred land use pattern in the strategic growth areas, and develop necessary zoning and other regulatory tools to encourage it, (p. 52). This document is provided as part of the foundation of the implementation of this recommendation. A component of a coordinated approach involving detailed area plans, zoning and development ordinance revisions, and design guidance, the content of this document will evolve over time as specific plans are developed for each Strategic Growth Area where mixed use development is recommended. The content of this document heavily borrows from one of the City's first official guides for mixed-use development, the Laskin Road Gateway Design Guidelines, which encourages such development within the Laskin Road Gateway Overlay District between Beach Garden Park and Pacific Avenue on Laskin Road. This document has been created to accompany the creation and use of the B-4C Central Business Mixed Use District. It is hoped that the document and its future amendment for other Strategic Growth Areas will give property owners and developers direction in the creation of unique and instrumental places that will transform the City of Virginia Beach as it enters its next phase of growth. In particular, the document should be used as part of the process of evaluating the appropriateness of a request for a mixed-use zoning category as specified by the City Zoning Ordinance, such as the B-4C. The guidance provided in the following pages is not overly detailed, as it is intended to give an overall framework s t �� regarding the fundamentals of !.- t �' '` 4i .,f mixed-use development while r s ti ��, providing designers and developers 1 ^%-f t �' ' ' an appropriate level of flexibility, _1 ; 1. encouraging creativity in responding !.j ;'-- ;r _ fi 14 . to the opportunities presented by -' 7 4. *I " _ z "''"'� - each site. .ter ,W :y 1 , -..-. ita ---t Wi -" •, Questions regarding the guidance .- - = ._ - " within this document or the _ development ordinances, plans, ander ..,... policies for Strategic Growth Areas a = � - ;,� should be directed to the Department _ ... .` _ 1. _ -;7,'--t =.., of Planning of the City of Virginia This scene is a good example of Beach at 757-427-4621 . the mixed-use 'urban' development that should result from the use of the principles in these guidelines. ter.:. Page 3 k Site Design Probably the most important aspect of mixed-use development is the way that the project is integrated physically and functionally as to encourage pedestrian activity and walking as the primary means of moving through and around the project. Design Goal: Provide interest at the street level to encourage walking and to enhance the pedestrian experience. Align a building's front at the sidewalk (right-of-way) edge Nerbaktng u A minimum of 75% of the building 'tel front (and side, if on a corner) should Ian �.: 1 i401, have a zero foot setback. u Primary building facades should be '-i_ !'1 1 � E I parallel to the sidewalk (right-of- —'- �` -- way), except where it is desired to A bui kling with a courtyard in front is appropriate.if 75%of maintain a highly desirable vista. the building wall is maintained. u Where portions of a building are set back from the sidewalk (right-of- °U''d'"8 way), such areas should be treatednmks as courtyards (see Outdoor Spaces section later in this document). I1 U L Develop the ground floor level of a building _ OF I, to encourage pedestrian activity Inappropriate:Align at least 759::the building front at the sidewalk edge.This building,set back from the sidewalk, u The linear frontage of a commercial erodes the visual continuity essential to a strong retail or mixed-use building should include district. pedestrian-oriented elements, such as: o Transparent display windows o Outdoor dining areas (cafés) o Public art or other public amenities such as fountains, benches, etc. u Blank walls or vacant lot appearance is not appropriate. Locate on-site parking to minimize visibility from the sidewalk. u Parking should not be located so that it interrupts the storefront continuity along the sidewalk. u Place on-site parking behind the buildings, either at-grade or within a parking structure. Page 4 J Parking should be accessed from the rear of parcels if possible. If not possible, the entrance to parking from the street should be `hidden' designing it as part of the rhythm of the storefronts but not in such a way that it is a hazard for pedestrians. When necessary, such driveways should be minimized in width and provide for good visibility of pedestrians from vehicles using the driveway. A change in material for the sidewalk should be utilized to indicate to or `warn' pedestrians where the access to the parking is located. The entrance to parking facilities should be located on a secondary street and not on an arterial roadway. Locate mechanical equipment and service areas out of public view. Page 5 Building Mass and Design Design Goal: New buildings and additions should be delineated both vertically and horizontally to reflect a human scale. The height of buildings should provide for a human scale to the overall streetscape while respecting surrounding development in the area. In no case should the height of a building exceed that specified by the City Zoning Ordinance. u The portion of buildings along the street should not exceed a maximum height of five to six stories. Increased height beyond that should be achieved on the by setting back the upper floors from the initial five or six stories, thus reducing the impact of the overall mass. Buildings should be divided into "modules"that provide visual interest and serve to create a traditional "Main Street." • Create modules of 25 to 50 foot wide as traditionally found in Main Street environments. u A clear visual division between upper and lower floors should be incorporated through a change in materials, colors, and use of canopies and awnings. 7e'�. •vh' may` ice' vim° e .,.,5x ;a syr, . a•r i API � l-`. .".-7:' . 100. • 1' ,44 * ,t, l - fl - ,4- :',7,....--:•. :or. r i - ♦. f ; q { i ITL......'„,,, . ...., , i k { 01 04- _ 11 «8 r Note the use of 25 to 50 foot modules in this building as a means of providing visual interest Page 6 Facades of buildings that face the street should incorporate human-scale detailing through the use of reveals, belt courses, cornices, expression of structural or architectural bays, recessed windows or doors, material or material module changes, color and/or texture differences, or strongly expressed mullions. Each building housing a principal nonresidential use should incorporate at least two (2) of the following additional features on all building facades facing a public street, public plaza, or public open space: ❑ Arcades; ❑ Arbors; ❑ Contrasting building materials or textures; ❑ Incorporation of street furniture at the ground floor; ❑ Incorporation of outdoor eating or seating areas at the ground floor; ❑ Variations in rooflines along a single block face; ❑ Transparent windows that allow views into and out of the building; black, mirrored, or other opaque surfaces should never be used. Page 1 ii i11111/iriffil/1/1r -� Form and Roofline Design Goal: Simple rectangular forms with horizontal roof forms should predominate on commercial and mixed-use structures. Use of pitched rooflines on residential structures is appropriate. Simple rectangular volumes are preferred. New buildings and additions should be .. designed with —�=` ` `'� simple rectangular 1 r--r - �; volumes, �� � Pf accented by other shapes as •t_ � `t� _ � details. - _}1 1-11-141014. J Cylindrical, �� ` 11 .� iEA' � " pyramidal, and lI ' ! other elaborate J�,' - i1 '_ nj F� 71 forms as the - i 1 � main building -- - _� !1l are not *Op., ;; appropriate. �; .,, 17'41 i : ' � �_. "- jJ' '• _ ice •': z ✓ Building Entrances t, Design Goal: Clearly identify the primary entrance to a building and orient it to the street. Orient the primary entrances to the sidewalk and the primary pedestrian ways. • Primary entrances to ground floor spaces and upper levels should be oriented to the sidewalk and primary pedestrian ways. ❑ If a courtyard is part of the overall design, an entrance may be located on it as well. Buildings located at the intersection of roadways should be designed with angled entrances at the corner. ,,;14,44:0,..1 Clearly identify the primary entrance .-' , $" ❑ Use an awning, change in roofline, _ or other architectural feature to „ .. . ii define the entrance. i_ t ❑ A sign mounted at the entry may .*=' � = also be used. `- ..=- ❑ Special paving treatments may be , used to define the entry. Note the change in material, color, and form used at the corner of this building, Recessed entries should be used in clearly designating the entrance storefront construction. ❑ Storefront entries should be recessed to emphasize the entrance, increase window display area, and provide a sheltered transition to the interior of the store. u Building entrances should ,5, - . provide shade from the sun „,,,, and weather protection for „ 4- ,;I`- pedestrians. This may -- it L -1` involve overhangs that are 'i at least 48 inches deep, , arcades, roofs, porches, alcoves, porticos, awnings, or any combination of these features. �� j Storefront entries should be centered on the façade and This building makes good use of recessed areas as be highly `transparent.' Solid a means of clearly identifying the entrance doors are discouraged. r_.. a.,�. Page 9 Architectural Features Design Goal: Architectural features should be used to provide weather protection and highlight building features and entries. Buildings should be designed to incorporate awnings. Storefront window openings should be designed to accommodate awnings above the windows. J The awning should fit the shape of the opening of the building. J Awnings should be mounted to highlight moldings that may be found above the storefront or to fit within a sign panel that may be part of the façade design. J While fabric (canvas or other high quality fabric) awnings are preferred, fixed metal canopies are also acceptable. Vinyl awnings are inappropriate. A fixed canopy may be used where enhanced weather protection is desired. j Permanent structures may be used on building facades with harsh sun exposure and where outdoor dining is planned. J They must be incorporated into the overall design of the building and be appropriate in mass and scale with the structure. These features must be designed to not obstruct storefront visibility and pedestrian access. k- `) ,. _ • 1 .' as, a- r N ii - J, 4 - Ili:. � "r_ is } / u ., Il rqt Good use of awnings. Note how the awnings 'fit' into the brick molding along the storefront. Page10 FM I I INIII/iii INNIERI 1--i Materials and Colors 1 Design Goal: Building materials and colors should exhibit quality and help establish a human scale while providing visual interest. While some diversity in exterior building materials and color is a part of the tradition of urban form, the range should be limited in order to promote a sense of visual continuity for the area. u Use the highest quality materials on exposed exterior surfaces, such as brick, pre-cast, tile and stucco. u Innovative materials are encouraged provided they appear similar in quality, texture, finish and dimension to those used traditionally in a mixed- use area. u Stucco and synthetic stuccos should be detailed to create a composition of smaller wall surfaces and establish a sense of human scale. Simple material finishes are encouraged. u Matte finishes are preferred. Polished stone or ceramic tile, for example should be avoided or limited to accent elements. u Reflective or mirror glass is discouraged. u Building colors should evoke a sense of richness and liveliness to complement and support the overall character benefiting a mixed-use area. -:'m ,x..., 4 3 Lr I , J P Xie \ *1kx.7.4. ms^ ` '� Nlikk3 At I ll ' k, '. ria J-., r 1 - The buildings along this street reveal a good mix of — - quality materials and colors, providing both human i ,*-. scale and visual interest Page 11 k : -r a Signage and Lighting Design Goal: Design buildings with careful consideration for the incorporation of signage and lighting. New buildings and additions should be designed to allow for signs appropriate in scale and location to the use and the surrounding area. Signs shall comply with the City Zoning Ordinance. Exterior building lighting should be used to accentuate the building design and the overall ambiance of the area. u Highlight architectural details and features with lighting integrated into the building design. J Façade lighting should provide for a sense of vibrancy and safety without resulting in excessive light and glare. u The innovative use of lighting is encouraged. u Energy conservation and efficiency should also be considered. . _*•' .} • ' • 0,0 -N 44444k ,44. Is '` �. :.oaf: This building makes lighting an architectural feature by integrating the fixtures into the pilasters, illuminating the detail above and providing safety to those below 4,. ti '11/ This sign is both visible to passing vehicles while being scaled and designed for pedestrians Page 12 Outdoor Spaces and Amenities �\4 Design Goal: Design outdoor spaces and amenities to enliven the sidewalk level and provide for private open space for shoppers, employees, and residents. A variety of outdoor spaces may be considered: o A courtyard at sidewalk level, set in line with the building front. o An interior courtyard with a major entrance clearly visible from the street. o Upper-level decks, balconies, and rooftop gardens are encouraged as private open space. Such structures should be located so as to avoid encroachment into the public right-of-way. Courtyards are encouraged as places for outdoor commercial activities. J No more than 25% of a new commercial storefront building should be set back for a courtyard. J Consider environmental conditions such as sun, shade and prevailing winds when positioning courtyards and outdoor seating areas. J Trees, trellises or similar shade elements to be designed into a courtyard are encouraged. Upper story decks, balconies or rooftop gardens should be incorporated for residential uses. u Balconies on the front façade should be located and designed to minimize potential conflicts with pedestrian traffic on sidewalks below. Such structures should also be located so as to avoid encroachment into the public right-of-way. u Balconies should be appropriately scaled5�a `.f '7 s �'. fi� and incorporated into the overall design of the building. u Projecting balconies should not obscure visibility of signs or storefronts. J Consider environmental conditions such as sun, shade, and prevailing winds when ;�; ,� . • designing decks, balconies or rooftop ._ `Ty garden spaces. --� — _ _ `E i. Pedestrian amenities such as patios and plazas, landscaped mini-parks, squares or greens should be provided as amenities and may include seating, lighting, special paving, planting, food and flower Page 13 r r ','1ii'Y ' Y F. vendors and artwork. • Patios, plazas, mini-parks, squares and ., greens should be proportionate in size to the development. Small-scale amenities are appropriate for small developments, and °44441 large-scale amenities are appropriate for large developments. s '114441444y . • In order to serve as a focal point, a feature '4 s r`` ' should be visible and easily recognizable as - ,;�,;�. an area that encourages outdoor assembly. __ It may be framed by a view corridor, be placed on a high point, or be visually related to a An example of large-scale multi-use trial or other walkway. amenities appropriate to large-scale development Page 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND AND REORDAIN CITY CODE SECTION 33-114.3, PERTAINING TO ENCROACHMENTS BY OUTDOOR CAFES AND OTHER STOREFRONT USES IN THE B-4C PEMBROKE CENTRAL BUSINESS MIXED USE DISTRICT. Section Amended: 114.3 City Code Section 33- Sec. 33-114.3. encroachments Core Diatrict districts. Administrative approval of certain uithin the B 3A Pembroke Central Buaincaa by outdoor cafes, etc., within certain zoning Notwithstanding the provisions of section 33-114.1 of 17 this Code, the City Manager or his designee may, and is 18 hereby vested with the authority to, approve the 19 encroachment, upon or over any public street or sidewalk in 20 the B-3A Pembroke Central Business Core District or the B- 21 4C Central Business Mixed Use District, ~ by outdoor cafes 22 or portions thereof or other storefront uses, provided at 23 least eight (8) feet of sidewalk width with eight (8) or 24 more feet of vertical clearance remains unobstructed along 25 such encroachments. Such encroachments ~ shall conform 26 with all applicable zoning and building codes, regulations 27 and standards. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 12th day of October, 2004. - 50- Item V-M.2.alblc PLANNING ITEM # 53116 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Bikeways and Trails: Ordinance to AMEND the Comprehensive Plan by the incorporation of the Bikeways and Trails Plan REPEAL the Master Bikeways Plan of 1986 Resolution to ESTABLISH the BIKEWAYS and TRAILS ADVISORY COMMITTEE Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones" Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, James 1. Wood and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: None October 12, 2004 1 AN ORDINANCE TO AMEND THE 2 COMPREHENSIVE PLAN BY THE 3 INCORPORATION OF THE BIKEWAYS AND 4 TRAILS PLAN AND REPEAL OF THE 5 MASTER BIKEWAYS PLAN 1986 6 WHEREAS, on September 8, 2004, the Planning Commission held 7 a public hearing concerning the amendment of the Comprehensive 8 Plan (the "Plan") by the incorporation of the Bikeways and 9 Trails Plan (the "Trails Plan") and the repeal of the Master 10 Bikeways Plan 1986 (the "Bikeways Plan"), and at the conclusion 11 of such public hearing, recommended that the Plan be amended by 12 the incorporation of the said Trails Plan as an appendix to the 13 Plan and the repeal of the Bikeways Plani 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 15 CITY OF VIRGINIA BEACH, VIRGINIA: 16 That the Comprehensive Plan be, and hereby is, amended and 17 reordained by the incorporation of the Bikeways and Trails Plan, 18 dated August 30, 2004, as an appendix to the Comprehensive Plan 19 and the repeal of the Master Bikeways Plan 1986. A true copy of 20 the said Trails Plan was exhibited to the Planning Commission on 21 September 8, 2004, and on this day to the City Council. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 12th day of October , 2004. 24 25 26 27 CA-9362 OID/ordres/Bikeways/Comp R-2 August 31, 2004 28 APPROVED AS TO CONTENT: 29 30 epartment Plan.doc APPROVED AS TO LEGAL SUFFICIENCY: (jjdM /1;/, I1IwJ Clty Attorney's Office 2 1 2 3 4 5 6 A RESOLUTION BIKEWAYS AND COMMITTEE ESTABLISHING THE TRAILS ADVISORY WHEREAS, City Council on October 12, 2004, adopted the 7 Bikeways and Trails Plan (the "Plan") for the City of Virginia 8 Beach and is committed to effectively implementing the Plan; 9 WHEREAS, input from citizens, the bicycle and trail 10 community and other parties interested in implementation of the 11 Plan will greatly assist Council in determining the appropriate 12 course of action to take with respect to such implementation. 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 1. That City Council hereby establishes the Bikeways and 16 Trails Advisory Committee (the "BTAC"). 17 2. That the membership of the BTAC shall be comprised of: 18 a. Three citizen members with diverse geographical 19 representation and experience; and 20 b. Four representatives from the bicycle and trails 21 community. 22 3. That with respect to the terms of office of the seven 23 (7) members, two (2) shall expire on June 30, 2006, three (3) 24 shall expire on June 30, 2007 and two (2) shall expire on June 25 30, 2008. Thereafter, the terms of all such members shall be 26 for three (3) years; 27 4. That one member each from the Virginia Beach City 28 Council, Planning Commission, Parks and Recreation Commission, 29 and Agricultural Advisory Committee shall serve as liason 30 members of the BTAC. 31 5. That the mission of the BTAC shall be to serve in an 32 advisory capacity to City Council with respect to the 33 implementation and coordination of the Bikeways and Trails Plan 34 and to coordinate the timely construction of bikeways and trails 35 in accordance with the priorities established by the Bikeways 36 and Trails Plan, to promote a balanced approach between and 37 among various trail users' interests in the City, and to provide 38 a forum for continued citizen and governmental input in the 39 planning and programming of future bikeways and trails. 40 Specifically, the BTAC shall be charged with the following 41 duties and responsibilities: 42 a. Work with local civic groups and other interested 43 citizens to develop secondary network priorities, linkages, and 44 potential new corridorsj 45 b. Work with City staff to review road construction 46 projects to ensure that all roads and bridges, where part of the 47 primary or secondary networks, are constructed, improved or 48 maintained in a manner consistent with the Bikeways and Trails 49 Planj 2 50 c. Work with City staff to review the City's 51 Development Ordinances and recommend revisions in consultation 52 with City staff to encourage bicycle and trail related 53 accommodations; 54 d. Identify potential funding sources for proposed 55 projects through various private, local, state and federal 56 programs; 57 e. Provide a forum for direct citizen input in the 58 planning of future bikeways and trails facilities; and 59 f. Focus efforts on achieving completion of the 60 priority projects as identified in the Plan. 61 Adopted by the Council of the City of Virginia Beach, 62 Virginia, on the 12th day of October , 2004. CA-9395 OID/ordres/Proposed/Bikeways/BTAC R-1 Prepared: October 1,2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~if ~GJ})~-c City Attorney's Office 3 - 51 - Item V-M.3. PLANNING ITEM # 53117 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED Petition for a Variance to ~ 4.4(b) of the Subdivision Ordinance that requires newly created lots meet all the requirements of the City Zoning Ordinance (CZO) for GAIL H. DA VIDSON, to subdivide the property into two (2) single family dwellings at 4946 Lake Lane: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Gail H Davidson. Property is located at 4946 Lake Drive (GPIN 15705056350000). DISTRICT 4 - BAYSIDE The following condition shall be provided: 1. A note shall be provided on the final subdivision plat that these parcels are approved for single-family homes only Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 - 52- Item V-M.4. PLANNING ITEM # 53118 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of TAG ONE, L.L.C. for a Modification to the Timberlake Land Use Plan to allow automotive service as a permitted use (approved by City Council on September 9,2003) ORDINANCE UPON APPLICATION OF TAG ONE, L.L.c. FOR A MODIFICATION TO THE TIMBERLAKE LAND USE PLAN BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Tag One, L.L. C. for a Modification to the Timberlake Land Use Plan to allow automotive service as a permitted use. Property is located at 1400 South Independence Boulevard (GPINS 14767763710000; 14767791970000 - part oj), DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. No vehicle access on Independence Boulevard. 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 12th of October Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 - 53- Item V-M.S. PLANNING ITEM#S3119 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council MODIFIED an Application ofST. MICHAEL LUTHERAN CHURCH re a Conditional Use Permit for church expansion (approved by City Council on August 13, 1996 and August 11, 1998) at 2208 Princess Anne Road Ordinance upon Application of St, Michael Lutheran Church for a Modification to a Conditional Use Permit for a church approved on April 12, 1988, on property located at 2208 Princess Anne Road (GPIN 24049528810000). The purpose of the modification is for an expansion. DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All conditions attached to the Conditional Use Permit granted by the City Council on April 25, 1988, remain in effect, 2. The site shall be developed in substantial conformance with the submitted plan entitled "Preliminary Site Layout for St. Michael Lutheran Church Building Addition Virginia Beach Virginia" prepared by NDI,L.L. C. Basgier and Associates Division, dated June 14, 2004. 3. There shall be no encroachment into the scenic buffer along Princess Anne Road, previously dedicated to the City of Virginia Beach. 4. The architectural design elements and exterior building materials shall be developed in substantial conformance with the submitted plan entitled "Alterations and Additions to St. Michael Lutheran Church Building 2208 Princess Anne Road Virginia Beach, Virginia" prepared by Daugherty & Associates, dated February 10,2004, 5. The landscaping shall be developed in substantial conformance with the submitted plan entitled "Landscape Plan of St. Michael Lutheran Church Building Addition Virginia Beach Virginia" prepared by NDI,L.L. C. Basgier and Associates Division, dated February 20, 2004. 6. Condition Number 1 of the August 11, 1998, Modification of a Conditional Use Permit is deleted and replaced with the following: A maximum of seventy (70) children may be cared for at this site. October 12, 2004 - 54- Item V-M.S. PLANNING ITEM # 53119 (Continued) 7. Condition Number 2 of the August 11, 1998, Modification of a Conditional Use Permit is deleted and replaced with the following: The hours of operation shall be limited to Monday through Friday 6:30 A.M until 6:00 PM 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 12th of October Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 - 55 - Item V-M.6. PLANNING ITEM # 53120 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of MICHAEL D. SIFEN, INC. for a Conditional Use Permit re mini-warehouses: ORDINANCE UPON APPLICATION OF MICHAEL D, SIFEN, INC FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES R010431198 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Michael D. Sifen, Inc. for a Conditional Use Permit for mini-warehouses on property located on the west side of Kempsville Road, approximately 360 feet south of Indian River Road (GPIN 14653810520000). DISTRICT 1 - CENTERVILLE The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted site plan entitled "Preliminary Layout for Kempsville Road Self Storage Virginia Beach, Virginia" prepared by Site Improvement Associates, dated June 29,2004. 2. The architectural design elements and exterior building materials shall be substantially in conformance with the submitted colored elevations of the West Elevation - Storage /Office Building A and North and South Elevations - Storage Building B as well as the colored rendering. 3. The installation of metal buildingpanels or siding on the exterior of the buildings shall not be permitted. 4. The landscaping shall be developed in substantial conformance with the submitted "Proposed Site Concept Kempsville Road Self Storage" Michael D. Sifen, Inc. 5. The installation of a chain link fence shall not be permitted on the site. 6. There shall be no electric or diesel powered generators or generators fueled by any other source of energy located outside of any building. 7. The storage units shall be used only for storage of non-hazardous goods. 8. The units shall not be usedfor office purposes, band rehearsals, residential dwellings or any other purpose not consistent with the storage of goods, October 12, 2004 - 56- Item V-M.6. PLANNING ITEM # 53120 (Continued) 9, Any outdoor lightingfixtures shall not be erected any higher than fourteen (14) feet. Consistent with ~ 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the mini warehouse premises; said lighting and glare shall be deflected, shaded and focused away from all adjoining property. 10. The freestanding sign must be monument style, no greater than eight (8) feet in height with a base to match the base of the buildings. 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 12th of October Two Thousand Four Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 - 57- Item V-M.7. PLANNING ITEM # 53121 The following registered in SUPPORT: Helen Dragas, Dragas Companies, 4538 Bonney Road, Phone: 490-0161, represented herself and advised the Brock Farm is over 216 acres with a mile and a 'half of Shoreline on Lake Smith. The rezoning application is part of an overall plan to create a master community entitled Ridgely Manor at Lake Smith. Large areas of Lake Smith will remain undisturbed. The development will be pulled away from the banks of the Lake. The five (5) villages: Farrcroji, Belmeade, Grace Hill, Westbriar and Southmoor in Ridgely Manor will have their own swimming pool and adjoining community center (over 50% of the land encompasses open space, P. J. Padrick, President - Northwest Beach Partnership, 5613 Lawson Hall Road, Phone: 464-6278, letters and statement were distributed and are hereby made a part of the record. Mrs Dragas has agreed to request Certification from the National Wildlife Federation to make the entire area a Community Habitat Susan Anders, President of Cyprus Pont Civic Association, 1204 Smith Cove Circle, Phone: 554-0122 Jim Pendergast, Phone: 499-7003, President - Visions, Inc, Michelle Galdun, 5900 Buckminister Lane, Phone: 490-9572, President - Westland Forest Civic League Jim Kelly, 5099 Cypress Point Creek, Phone: 557-0834, resident of Center Green condominium Raymond Foberg, 732 Harris Point Drive, Phone: 497-6856, have been residents of Lake Smith Terrace and now Haygood Point Bill Dunn, 1179 Lawson Cove Circle, Phone: 493-9365, resident of Cyprus Point Thelma Y. Carroll, 5903 Clear Springs Road, Phone: 420-5055, Member - Empower Hampton Roads Tim McCarthy, 3845 Prince Phillip Circle, Member - Empower Hampton Roads The following registered in OPPOSITION: David Tirado, 5557 Bulls Bay Drive, Phone: 499-8009, Vice President - WitchduckLake Condo Association Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of LAKE SMITH DEVELOPMENT ASSOCIA TES, L. C. for a Conditional Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF LAKE SMITH DEVELOPMENT ASSOCIATES, L. C. FOR A CHANGE OF ZONING DISTRICTCLASSIFICATION FROM B-2, A-12 ANDR-2.5, R-I0AND R-15 TO CONDITIONAL R-5D, A-12 AND A-18 WITH A PD-H2 OVERLAY DISTRICT Z010041199 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Lake Smith Development Associates, L.c. for a Chanf!e of Zoninf! District Classification from B-2 Community Business District, A -12 Apartment District and R - 2.5, R -10 and R-15 Residential Districts to Conditional R-5D Residential Duplex District, A-12 and A-18 Apartment Districts with a PD-H2 Overlay District on property located on the north and south sides of Wesleyan Drive, approximately 890 feet east of Cypress Point Boulevard and Broad Meadows Boulevard (GPINS 1468847648 - part of; 14688318360000). The Comprehensive Plan designates this site as being part of the Primary Residential Area, suitable for appropriately located suburban residential and non-residential uses consistent with the policies of the Comprehensive Plan. DISTRICT 4 - BA YSIDE October 12, 2004 - 58- Item V-M.7. PLANNING ITEM # 53121 (Continued) The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. 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 12th of October Two Thousand Four Voting: 10-1 Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5934 DATE: September 10, 2004 TO: Leslie L. Lilley William M. Macali uJ. DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Lake Smith Development Associates, L.c. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 12, 2004. I have reviewed the subject proffer agreement, dated August 23, 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 LAKE SMITH DEVELOPMENT ASSOCIATES, 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 23rd day of August 2004, by and between LAKE SMITH DEVELOPMENT ASSOCIATES, L.C., a Virginia limited liability company, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the second part, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of two parcels of property located in the Bayside District of the City of Virginia Beach, containing approximately 116 acres as more particularly described as Parcel 1 and Parcel 2 in Exhibit ",N' attached hereto and incorporated herein by this reference which parcels are herein referred to as the "Property"; and WHEREAS, the party of the fIrst part has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from B-2, A-12, R2.5, R- IO and R-15 to Conditional R-5D, A-12, and A-18, all with a PD-H2 Overlay; 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 GPIN: 1468-85-3608 1468-83-1836 PREPARED BY: SYKES, BOURDON, AHERN & LEVY, P.C. 281 INDEPENDENCE BLVD. PEMBROKE ONE, FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462 -1- WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for , the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-5D, A-12, A-18, and PD-H2 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or Quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. The Property shall be developed substantially as shown on the "Ridgely Manor at Lake Smith-Conceptual Master Site Plan", dated May 20, 2004, prepared for The Dragas Companies, a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter, the "Master Plan"). -2- 2. The principal entranceways to the Property shall be from Wesleyan Drive. The streetscape along the northern side of Wesleyan Drive, and the entrances to Ridgely Manor Boulevard and to each northern residential village, shall be designed, landscaped and constructed substantially as depicted on the exhibit entitled, "Ridgely Manor at Lake Smith" - "Perspective View at Ridgely Manor Entrance" and "Perspective View at Typical Entrance", dated May 20,2004, prepared for The Dragas Companies, a copy of which has been exhibited to the Virginia Beach City Council and is on:file with the Virginia Beach Department of Planning. The streetscape along the southern side of W esl~yan Drive shall be designed, landscaped, and constructed substantially as depicted on the exhibit entitled, "Southmoor Village at Ridgely Manor" - "Perspective View at Southmoor Village Entrance", dated May 20,2004, prepared for The Dragas Companies (hereinafter collectively called the "Entrance Plans"). The Entrance Plans have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. The five (5) residential "villages" within Ridgely Manor, as depicted on the Master Plan, shall each be developed substantially as shown on those exhibits entitled: (a) "Farrcroft at Ridgely Manor, 4-Plex Brick Villas, Conceptual Site Plan", dated May 20, 2004; (b) "Belmeade at Ridgely Manor, Luxury Detached Single Family Condominiums, Conceptual Site Plan", dated May 20, 2004, utilizing the "ALTERNATE CONCEPT FOR TERMINATING RIDGELY MANOR BOULEVARD" as depicted; (c) "Grace Hill at Ridgely Manor, 4- Plex Master Down Villas, Conceptual Site Plan", dated May 20,2004; (d) "Westbriar at Ridgely Manor, Attached Condominiums with Garages, Conceptual Site Plan", dated May 20,2004; and (e) "Southmoor at Ridgely Manor, Conceptual Site Plan", dated May 20, 2004 (hereinafter, the "Conceptual Site Plans"); These Conceptual Site Plans have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 4. The party of the first part shall record a Master Deed of Covenants, Conditions and Restrictions ("Restrictions") governing the Property. Each of the five (5) -3- residential villages shall be a condominium and the Restrictions shall establish a Master Homeowners Association which will be responsible for maintaining all "Open Space Easements", including trails and other improvements as depicted on the Conceptual Site Plans. Membership in the Master Homeowners Association shall be mandatory for each of the five (5) residential villages. 5. When the Property is developed, Belmeade at Ridgely Manor shall feature no more than one hundred fifty-eight (158) single family residential condominiums, each unit containing no more than three (3) bedrooms. The architectural design and building materials utilized will be substantially as depicted and described on the exhibit entitled, "Belmeade at Ridgely Manor - Architectural Elevations", dated May 20, 2004, prepared for The Dragas Companies (the, "Belmeade Elevations"), which have been exhibited to the Virginia Beach City Council and are on :file with the Virginia Beach Department of Planning. The colors used may vary from those on the Belmeade Elevations; however, all will be earth tones. 6. When the Property is developed, Grace Hill at Ridgely Manor shall feature no more than one hundred twelve (112) residential condominium units in twenty-eight (28) buildings, each unit containing two (2) or three (3) bedrooms. The architectural design and building materials utilized will be substantially as depicted and described on the exhibit entitled, "Grace Hill at Ridgely Manor - Architectural Elevations", dated May 20, 2004, prepared for The Dragas Companies (the, "Grace Hill Elevations"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The colors used may vary from those on the Grace Hill Elevations; however, all will be earth tones. 7. When the Property is developed, Westbriar at Ridgely Manor shall feature no more than one hundred seventy-four (174) attached residential condominium units with garages, each unit containing two (2) or three (3) bedrooms. The architectural design and building materials utilized will be substantially as depicted and described on the exhibit entitled, "Westbriar at Ridgely Manor - Architectural Elevations", dated May 20, 2004, prepared for The Dragas Companies (the, "Westbriar Elevations"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach -4- Department of Planning. The colors used may vary from those on the Westbriar Elevations; however, all will be earth tones. 8. When the Property is developed, Farrcroft at Ridgely Manor shall feature no more than one hundred seventy-two (172) residential condominiums in forty-three (43) buildings, each unit containing no more than two (2) bedrooms. The architectural design and building materials utilized will be substantially as depicted and described on the exhibit entitled, "Farrcroft at Ridgely Manor - Architectural Elevations", dated May 20, 2004, prepared for The Dragas Companies (the, "Farrcroft Elevations"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The colors used may vary from those on the Farrcroft Elevations; however, all will be earth tones. 9. When the Property is developed, Southmoor at Ridgely Manor shall feature no more than two hundred eighty (280) garden style condominium units, each unit containing one (1), two (2), or three (3) bedrooms. The architectural design and building materials utilized will be substantially as depicted and described on the exhibit entitled, "Southmoor at Ridgely Manor - Architectural Perspective View", dated May 20, 2004, prepared for The Dragas Companies (the, "Southmoor Elevations"), which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The colors used may vary from those on the Southmoor Elevations; however, all will be earth tones. 10. The dimensional requirements applicable to development of Southmoor at Ridgely Manor shall be as follows: Minimum Setback from Wesleyan Drive: 30' Minimum Setback from Newtown Road: 30' Minimum distance between buildings: 20' Maximum Building Height: 65' Except as modified hereby, all other requirements of the A-18 Zoning District, in effect as of the date hereof, shall be applicable. 11. Certain dimensional requirements applicable to development of Belmeade at Ridgely Manor shall be as follows: Minimum Setback from a Public Right of Way: 40' Minimum Distance from Front of Dwelling to -5- Edge of Curb (interior streets): Minimum Distance from Side of Building to Edge of Curb (interior streets): Minimum Distance between Buildings: 12' 12. 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 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; -6- (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. -7- WITNESS the following signature and seal: Grantor: Lake Smith Development Associates, L.C. a Virginia limited liability company By: Dragas Management Corp., a Virginia corporation, Managing Member (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this Jy/Lday of August 2004, by Helen E. Dragas, President of Dr1as Management Corp., a Virginia corporation, Managing Member of Lake Smith Develo ment Associates, a Virginia limited liability company. .,,/c' ~ / " ~aiy Public My Commission Expires: it/3P'7P7' -8- EXHIBIT "X' METES AND BOUNDS DESCRIPTION OF THE NORTHERN PORTION OF PROPERTY OF DORIS BACKUS BROCK (GPIN: 1468-85-3608) PARCEL 1: ALL THAT certain tract, piece or parcel of land consisting of approximately 92.485 acres, more or less, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCEL X', as shown on that certain plat entitled "SUBDIVISION OF RIDGELY l\1ANOR PROPERTY FORMERLY OF DORIS BACKUS BROCK (DB 138, PG 502) (WB 13, PG 477), VIRGINIA BEACH, VIRGINIA" dated July 20, 2004, made by MSA, P.C. and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ("Clerk's Office") as Instrument Number .;/OOY08ZY 0\ 3Lft;"l..'"L METES AND BOUNDS DESCRIPTION OF THE SOUTHERN PORTION OF PROPERTY OF DORIS BACKUS BROCK (GPIN 1468-83-1836) PARCEL 2: Beginning at a pin set, located on the southern right of way of Wesleyan Drive, being the dividing line between Parcel C Subdivision of Cypress Plaza Shopping Center (MB 207, PG 52) and GPIN 1468-83-1836 (the Subject Property), thence continuing along Wesleyan Drive North 880 32' 13" East, a distance of 414.30 feet to a pin found at a point of curve; thence along a curve to the right having a radius of 1,104.42 feet and an arc length of 563.54 feet to a pin found, being the point of tangency; thence continuing along the southern right of way of Wesleyan Drive South 620 13' 39" East, a distance of 682.93 feet to a pin found; thence South 270 46' 21" West, a distance of 3.00 feet to a pin found, thence South 620 13' 39" East, a distance of 33.28 feet to a pin set at a point of curve; thence along a curve to the left having a radius of 1,190.42 feet and an arc length of 80.74 feet to a pin set; thence South 510 54' 32" West, a distance of 62.48 feet to a point; thence South 710 31' 06" East, a distance of 92.48 feet to a point; being the eastern boundary of the Subject Property and the northern boundary of the Subdivision of Property of Meekins Hawkins' Estate (ME 52, PG 14), being Taylors Branch; thence continuing along said boundary these eleven (11) courses: South 55046' 23" West, a distance of 229.99 feet to a point; South 700 31' 23" West, a distance of 211.00 feet to a point; South 490 57' 23" West, a distance of 70.18 feet to a point on the north side of Haygood Square (MB 127, PO 36); thence continuing along Haygood Square North 620 07' 44" West, a distance of 22.65 feet to a point; South 710 47' 50" West, a distance of 150.68 feet to a point; South 300 55' 50" -9- West, a distance of 177.80 feet to a point; South 130 04' 50" West, a distance of 176.70 feet to a point; South 020 42' 10" East, a distance of 137.45 feet to a point; South 740 52' 10" East, a distance of 4.52 feet to a point on the northwest corner of Parcel 'A' (MB 304, PG 94); thence along Parcel A South 110 51' 49" East, a distance of 91.84 feet to a point; thence South 08033' 07" East, a distance of 158.69 feet to a pin set located on the northern right of way of Newtown Road; thence along Newtown Road South 870 57' 39" West, a distance of 366.69 feet to a pin found, being the dividing line between GPIN 1468-73-5688 (Property of The City of Virginia Beach School Board) and the Subject Property; thence departing Newtown Road and continuing along said dividing line North 050 38' 02" East, a distance of 1,361.25 feet to a pin set; thence South 880 24' 02" West, a distance of 806.42 feet to a pin found, located on the dividing line between GPIN 1468-64-9438 (Cypress Plaza Shopping Center) and the Subject Property; thence continuing along said dividing line North 050 38' 02" East, a distance of 228.95 feet to a pin set at the point of beginning. The Subject Property contains 862,768 square feet or 19.806 acres as shown on plat entitled "Boundary Survey of Property of Doris Backus Brock (DB 138, PG 502) (WE 13, PG 477) Virginia Beach, Virginia dated April 2004" prepared for MSA, P.C. as recorded in the Clerk's Office as Instrument Number 20040701012357. CONDITIONALREZONEIDRAGASIBROCKPROPERTYIPROFFER2 -10 - 59- Item V-M.8. PLANNING ITEM # 53122 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of ORDINANCE UPON APPLICATION OF REAL INVESTMENTS ASSOCIATES, L.L.c. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO CONDITIONAL R-15 WITH A PD-H2 OVERLAY Z010041200 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Real Investments Associates, L.L. C.for a Chanf!e of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District with a PD-H2 Overlay on property located at the southeast intersection of Bernadotte Street and Seaboard Road (GPINS 24046029260000; 24046101620000; 24045182260000; 24045163450000; 24045076090000). The Comprehensive Plan designates this site as being part of Princess Anne (Transition Area). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court, 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 12th of October Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, 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: None October 12, 2004 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-5884 DATE: September 10, 2004 TO: Leslie L. Lilley William M. Macali ~ DEPT: City Attorney FROM: DEPT: City Attorney RE: Conditional Zoning Application Real Investments Associates, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on October 12, 2004. I have reviewed the subject proffer agreement, dated January 29, 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 PREPARED BY: ~.m SYKIS. BOURDON. mil Am:RN &. lM. P.c. REAL INVESTMENTS ASSOCIATES, L.L.C., a Virginia limited liability company BRUCE B. GALLUP NON-MARITAL TRUST MUNDEN FAMILY PARTNERSHIP, L.L.C., a Virginia limited liability company CHRISTOPHER J. KEYLOR and CARLYN KEYLOR, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of January 2004, by and between REAL INVESTMENTS ASSOCIATES, L.L.C., a Virginia limited liability company, party of the first part, Grantor; BRUCE B. GALLUP NON-MARITAL TRUST and MUNDEN FAMILY PARTNERSHIP, L.L.C., a Virginia limited liability company, parties of the second part, Grantors; CHRISTOPHER J. KEYLOR and CARLYN KEYLOR, husband and wife, parties of the third part, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are together the owners of five (5) parcels of land located in the Princess Anne District of the City of Virginia Beach, designated "Parcels 1 through 4" and "Parcel 5" in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels along with Parcel 6 are referred to together herein as "The Property; and WHEREAS, the parties of the third part are the owners of a parcel or strip of land located in the Princess Anne District of the City of Virginia Beach designated as "Parcel 6" in Exhibit "A", which parcel along with Parcels 1 through 5 are herein referred to as "The Property"; and GPIN: 2404-60-2926 2404-61-0162 2404-51-8226 2404-51-6345 2404-50-7609 (Part of) 2404-50-8567 (Part of) 1 PREPARED BY: WHEREAS, the party of the first part as the contract purchaser of the Property has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classifications of the Property from AG-l and AG-2 to Conditional R-l5 Residential District with a PD-H2 Overlay; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that 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 Grantors' rezoning application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R-l5 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the 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 Grantee or its governing body and without any element of compulsion or quid pro QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon ~m SYns. ROURDON. all parties and persons claiming under or through the Grantors, their successors, personal mil AllmN &. 1M. P.c. 2 PREPARED BY: representatives, assigns, grantee, and other successors in interest or title and which will not be required of the Grantors until the Property is developed: 1. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than fourteen (14) building lots substantially in conformance with the Exhibit entitled "SEABOARD ACRES, VIRGINIA BEACH, VIRGINIA PRELIMINARY SITE PLAN", dated 1-26-04, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2. When the Property is developed, approximately 7.01 acres of open space as depicted on the Concept Plan shall be dedicated in fee and via easements, a specified on the Concept Plan, to the Property Owners Association. The Property Owners Association shall be responsible for maintaining the open space. No structures shall be erected in the open space areas except as depicted on the Concept Plan. 3. When the Property is developed, the landscaping, fencing and open space improvements shall be constructed substantially as depicted on the Concept Plan. 4. The community identification sign age shall be constructed and installed substantially in conformance with the "sign details" on the Concept Plan. 5. When the Property is subdivided it shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners Association which shall be responsible for maintaining all cOD}mon area, community owned open space areas, pedestrian trails, easements, including open space easements, and the sign features. 6. All residential dwellings constructed on the Property shall have visible exterior surfaces, excluding roof, trim, windows, and doors, which is no less than eighty percent (80%) brick and/or hardi-plank. Anyone story dwelling shall contain no less than 2400 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2600 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a two (2) car garage and a driveway (including apron) ~.mSYl(IS. ROURDON. with a minimum of four hundred ninety (490) square feet of hardened surface area. ~iI A1IrnN &: n:vv. P.C 3 PREPARED BY: 7. When the Property is developed, the lots depicted on the Concept Plan shall be subject to the following requirements: (a) Minimum lot size 12,000 square feet. (b) Minimum lot width 50 feet. (c) Minimum front yard setback 30 feet. (d) Minimum side yard setback, when not adjacent to a street 10 feet. (e) Minimum side yard setback adjacent to a street 30 feet. (f) Minimum rear yard setback 30 feet. (g) Maximum lot coverage 30%. (h) Horses are permitted to be kept on Lots 13 and 14 and within the open space designated "Pasture Area". Except as modified herein, the setbacks and restrictions applicable to lots in the R-15 Zoning Category shall apply to Lots 1 through 14 in Seaboard Acres. 8. The Grantors recognize that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the party of the first part agrees to contribute the sum of Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the party of the first part in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. The party of the first part agrees to make payment for each residential lot shown on any subdivision plat prior to recordation of that plat. 9. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City codes by all cognizant City agencies and departments to meet all applicable City code requirements. Any references hereinabove to the R-15 Zoning District and to the requirements and ~.mSY1(t:s. IlOURDON, regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of ~iI AHmN &. 1M. P.C 4 PREPARED BY, ~.m SYKES. IlOURDON. ~iI AI-lI~RN & n:vv. P.c. 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 Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such 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 Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 5 PREPARED BY, ~.m SYKfS. gOURDON. mil AlImN & lM. P.C (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors 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 Grantors and the Grantee. 6 PREPARED BY, . SYICIS. IlOURDON, AllI:RN & U:vY. p,c. WITNESS the following signature and seal: GRANTOR: Party of the First Part By: (SEAL) o ard R. Sykes, Jr., . anaging Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 30th day of January 2004 by Howard R. Sykes, Jr., Managing Member of Real Investments Associates, L.L. C., a Virginia limited liability company. M~~~, otary Public [ My Commission Expires: /In. 2>q '2--0D5' 7 PREPARED BY: ~,m SYk'lS. IWURDON, mil Al-1I:RN &. LM. P.c. WITNESS the following signature and seal: STATE OF FLORIDA 0 I, CITY jCOUNTY OF -1lr!L~ GRANTOR: Party of the Second Part BRUCE B. GALLUP NON-MARITAL TRUST By#IOZ..:-( ,(l,,~,;(/dr:..-ii,->/, .~;:tii..:-T;) (SEAL) '/ Wanda K. Gallup, Trustee , to-wit: I I ~'- this --LL- day of Gallup Non-Marital The foregoing instrument was acknowledged before me February 2004 by Wanda K. Gallup, Trustee of the Bruce B. Trust. q (';Yd1 {(O My Commission Expires: (' - - - - m".':i1;....,II, MICHELE K. FENNER ~ ~ ~ Notary Public - Stats of Florida ~. . ~ ~l;y Canrnis6i;In B:pires Sep 22. 2008 .~,. r6j Commi$.io~ t 00120516 · . ~'if.r.;\'" Bonded By Natio.1al Notary Assn. k - ~- / /--- /1 _ G - ~ M.J.-.-- '1 Notary Publie-:; "'. rv lc.hQ)[ [e. rei\~'l """'f 8 PREPARED BY: ~13 SYKIS. ROURDON, ~iI MlfRN & 1M. P.c. WITNESS the following signature and seal: GRANTOR: Party of the Second Part MUNDEN FAMILY PARTNERSHIP, L.L.C., a Virginia limited liability company (SEAL) By: STATE OF \i:Jinl~ 6' CITY jGOUNTY OF \i~~~rI\t<..,- E'a.cc1\ , to-wit: (l')o..(ch The foregoing instrument was acknowledged before me this :;2~ day of Feb.1 UcLlY 2004 by Evelyn Munden, Member of the Munden Family Partnership, L.L.C., a Virginia limited liability company. \(Q'0\~--'~ Co'6~ Notary Public My Commission Expires: 5/31/67 9 PREPARED BY: J!3.IB S\1([S. ROURDON. mil AH~RN & UTI. P.c. WITNESS the following signatures and seals: GRANTOR: Party of the Third Part J- ~.,,!--- Christop er J!Keylor (SEAL) /7 ~ J . /.. / t,'t 1.'1 ') L.f"~/ l t.!V. r-. \~ . .) a'a,Hyn Keyl6r (/ (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of May 2004 by Christopher J. Keylor and Carlyn Keylor, husband and wife. My Commission Expires: (~.~cd Notary Public / I ~ JO ~ ~OtJ t/ 10 EXHIBIT "A" Parcels 1 through 4 ALL THOSE certain lots or parcels designated as Lots A, B, C and D on a plat entitled "Subdivision of Property of Seaboard Associates, Deed Book 1181, at Page 70, Princess Anne Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 167, at Page 14. Less and except that portion of Lot D containing 365 Sq. Ft./0.008 acres taken by the City of Virginia Beach by Certificate of Take recorded in the aforesaid Clerk's Office in Deed Book 2829, at Page 1062 and as shown on plat recorded in Map Book 190, at Page 31. GPIN: 2404-60-2926 2404-61-0162 2404-51-8226 2404-51-6345 Parcel 5 ALL THAT certain parcel designated as "50' Road Easement (to be reserved for Ingress- Egress)" on a certain plat and survey thereof made by Hassell & Folkes, Surveyors and Engineers on June 16, 1970 entitled "Subdivision of Property owned by James E. & Pattie D. Brickhouse, Seaboard Magisterial District, Virginia Beach, Virginia", which plat is duly recorded in the aforesaid Clerk's Office in Map Book 84, at Page 30. Less and except the northernmost 15 feet which is described as follows: Beginning at a point along the western right of way line of Seaboard Road at its intersection with the northern property line of the "50' Road Easement", thence South 330 06' 45" West 694.06 feet to a point; thence South 560 33' 15" East 15 feet to a point; thence North 330 06' 45" East 691.88 feet to a point along the western right of way line of Seaboard Road; thence along the right of way of Seaboard Road North 480 32' West 15.16 feet to the point of beginning. GPIN: 2404-50-7609 Parcel 6 PREPARED BY: All that certain strip, piece or parcel of land located in the Princess Anne District of the City of Virginia Beach, Virginia, being a portion of that certain lot designated "2 3.719 Acres" on that plat entitled, "SUBDIVISION OF PROPERTY OWNED BY JAMES E. & PATTIE BRICKHOUSE", dated June 16, 1970, prepared by Hassell and Folkes and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 84, at Page 30 (hereinafter "The Subdivision Plat"). Said strip of land is more particularly described as follows: Beginning at a point at the intersection of the western right of way line of Seaboard Road and the southern boundary line of a parcel designated "50' ROAD EASEMENT" on The Subdivision Plat, which point represents the I;JI3 SYn:s. ROURDON. mil AHrnN & 1M. P.c. 11 northernmost corner of lot "2 3.719 Acres" as depicted on The Subdivision Plat; thence South 480 32' East along the right of way line of Seaboard Road 15.16 feet to a point; thence turning South 330 06' 45" West, 684.51 feet to a point; thence North 560 53' 15" West, 15 feet to a point; thence North 330 06' 45" East, 686.71 feet to the point of beginning. GPIN: 2404-50-8567 (Part of) CONDREZONElREALINVESTMENTSASSOCIATESIPROFFER5 REV. 5/24104 PREPARED BY: J;;J,m SYns. ROURDON. mll AHffiN & UVY. p.c. 12 - 60- Item V-No APPOINTMENTS ITEM # 53123 BY CONSENSUS, City Council RESCHEDULED: BICYCLE and TRAILS ADVISORY COMMITTEE MINORITY BUSINESS BOARD REVIEW AND ALLOCATION COMMITTEE (COG) TOWING ADVISORY BOARD VIRGINIA BEACH PERFORMING ARTS THEATRE ADVISORY COMMITTEE October 12, 2004 - 61 - Item V-N.1. APPOINTMENTS ITEM # 53124 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: David Barthlomew Unexpired term thru 08/31/06 PARKS and RECREATION COMMISSION Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. OberndorJ, Jim Reeve, Peter W. Schmidt, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Ron A. Villanueva October 12, 2004 - 62- Item V-N.2. APPOINTMENTS ITEM # 53125 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Richard LeClaire 4-year term 07/01/04 - 06/30/08 SOCIAL SERVICES BOARD 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 E, Oberndorf, Jim Reeve, Peter W Schmidt, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Ron A, Villanueva October 12, 2004 - 63- Item V-P.l. NEW BUSINESS ITEM # 53126 City Council shall meet, as regularly scheduled, November 2, 2004, "Election Day". October 12, 2004 - 64- Item V-Q. ADJOURNMENT ITEM # 53127 Mayor Meyera E. OberndorfDECLARED the City Council Meeting ADJOURNED at 8:10 P.M. {2~ tJ, Y;;J/~ -------------- ----------------- Beverly 0. ooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia October 12, 2004 - 64- Item V-Q. ADJOURNMENT ITEM#53127 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:10 P.M. 04%0 .YID.7 A., Beverly O. Hooks, CMC Chief Deputy City Clerk -.7"7". enanksi R Hodges Smith, MMC Meyera Oberndorf City Clerk Mayor City of Virginia Beach Virginia October 12, 2004