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Home My WebLink AboutNOVEMBER 8, 2005 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - Di.ltrict4 HARRY E. DIEZEL Kempsville - District 2 ROBERT M. DYER, Centerville - District I 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-u/rge ROSEMARY WILSON, At-ulrge JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITY ATTORNEY - LESLIE L. LILLEY CiTY CLERK - RUTH HODGES SMITH, MMC 8 NOVEMBER 2005 I. CITY MANAGER'S BRIEFING - Conference Room - 1:00PM 1. JOINT USE LIBRARY Marcy Sims, Acting Chief Information Officer 2. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) Patti Phillips, Director, Department of Finance 3. LOCAL ROADS NETWORK Dean Block, Director, Department of Public Works II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com - Conference Room - 3:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Donald R. Staton Pastor, Christian Mission Fellowship 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 November 1,2005 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENT A TION 1. NATIONAL WEATHER SERVICE DESIGNATES THE CITY OF VIRGINIA BEACH AS "STORMREADY" Bill Sammler, Warning Coordination Meteorologist NOAA's National Weather Service 1. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to REFER to the Planning Commission an Ordinance to amend Section 401, 501, 601, 801, 901, and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts in Accident Potential Zone 1 (APZ-l). 2. Ordinance to AUTHORIZE the reimbursement of legal fees and expenses incurred by a Sheriff's Deputy in defense of a traffic charge dismissed by the Court. 3. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re deployment related to: a. Hurricane Katrina - Second Deployment b. Hurricane Rita $1,000,000 $ 336,000 4. Ordinance to ACCEPT and APPROPRIATE $175,455 to Capital Improvement Program (CIP) for park playground renovations and improvements from Cash Payments in Lieu of Park Reservations: a. b. Athens Boulevard London Bridge Crossing Madison Crossing Saginaw Estates $70,000 $28,448 $29,250 $47,757 c. d. K. PLANNING 1. Application of K & SONS, INC. for the Modification of the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes Boulevard (Deferred by City Council on October 11,2005). (DISTRICT 2 - KEMPSVILLE) RECOMMENDA TION: DENIAL 2. Applications of NORTH LANDING RIVER ASSOCIATES, L.L.c. re 161 Princess Anne Road: (DISTRICT 7 - PRINCESS ANNE) a. Modification of Conditions for a Conditional Use Permit (approved by City Council on November 8, 1971) b. Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations RECOMMENDATION: APPROVAL 3. Application of STEVEN W. SIMPSON and BARRY D. KNIGHT for a Conditional Use Permit re alternative residential development at 2000 Munden Point Road. (DISTRICT 7 - PRINCESS ANNE) RECOMMENDA TION: APPROVAL 4. Application of PRINCESS ANNE PROPERTIES, INC. for a Conditional Use Permit for a car wash at 3397 Virginia Beach Boulevard. (DISTRICT 3 - ROSE HALL) RECOMMENDA TION: APPROVAL 5. Ordinance to AMEND Section 902 of the City Zoning Ordinance (CZO) re minimum lot width in the B-3A Pembroke Central Business Core District re the Performing Arts Center development RECOMMENDA TION: APPROV AL L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (Alternates) WETLANDS BOARD (Alternates) M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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: Virginia Relay Center at 1-800-828-1120 *********** Agenda ll/07/05 St www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 8 November 2005 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re the JOINT USE LIBRARY in the Council Conference Room, City Hall, on Tuesday, November 8,2005, at 1:00 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 and James L. Wood Council Members Absent: Rosemary Wilson [Entered: 1:40 P.M.] ~ - 2- C IT Y MANA G E R 'S B R IE FIN G JOINT USE LIBRARY 1 :00 P.M. ITEM # 54582 The City Manager advised the City's Library Staff and Tidewater Community College have been studying the possibility of building a single facility to house both the proposed TCC/Virginia Beach Campus Learning Resources Center and the proposed South Rosemont Area Library (CIP Project 3-175), The City Manager introduced Martha Sims, Director - Department of Libraries, who presented details of the recently completed feasibility study (creating a Joint Use Library and Learning Resource Center on the Tidewater Community College campus, combining Norfolk State and Old Dominion Universities). Marcy Sims, Director of Libraries and Interim Chief Information Officer, advised in March 2004, a Joint Use Library Planning Committee was appointed by the City Manager and Tidewater Community College President - Dr. Deborah DiCroce, Its purpose was to study thefeasibility of such afacility, The result of the meeting was a decision to defer the construction of the South Rosemont Area Library long enough to explore the possibility of a Joint Use Library. Tidewater Community College does have fundingfor a new Learning Resource Center on the Virginia Beach Campus, to be built in two (2) phases: 1 00, 000 square feet in the 2008 Biennium and another 50,000 square feet in the 2008 - 1010 Biennium. The City has allocated $4.6- MILLION for the construction of an 18,000 square foot South Rosemont Area Library on the corner of Buckner Boulevard and South Rosemont Road.. The potential for the Joint Use facility would comprise approximately 170,000 square feet. By Comparison, the Central Library is 95,000 square feet. Members of the Committee included Mary Mayer-Hennelly, Associate Vice President for Learning Resources, Tidewater Community College; Janice E. S. Johnson, Coordinator of Library Services - Tidewater Community College/Virginia Beach Campus; Marcy Sims, Library Director - Virginia Beach Public Library and John Stewart, Library Operations Manager - Virginia Beach Public Library. Frank Dunn, Vice President for Administration - Tidewater Community College and David Sullivan, Chief Information Officer, City of Virginia Beach and provided guidance and counsel recommending proceeding with further and more detailed analysis of the feasibility of the project prior to committing to shared planning and design. Assuming all systems were "go ", the Committee proceeded with a Strategic Operation Plan, outlining the operational details of the Plan in a Memorandum of Understanding between Tidewater Community College and the City of Virginia Beach, as well as the potential of other participants such as Old Dominion and Norfolk State Universities. The Architectural Consultant selected were the same architects involved in the San Jose State University and San Jose Public Library Joint Use Project: Anderson Brule Architects. Pamela Anderson Brule and Sam McBane Mulford were in attendance. Marcy Sims introduced the Core Team members guiding the Consultants Study over the course of the last few months: Frank Dunn, Joe Buchanan, and John Massey, Tidewater Community College (unable to attend), Mary Mayer-Hennelly, Associate Vice President for Learning Resources, Tidewater Community College; Dr. Janice E. S. Johnson, Director, Learning Resources Center - Tidewater Community College/Virginia Beach Campus, Jack Whitney, Interim Chief Financial Officer, John Stewart, Library Operations Manager - Virginia Beach Public Library, Carolyn Barkley and Toni Lohman (Central Library). Renee Olander, Director - Old Dominion University Higher Education Center, was also in attendance. Renee has been working with the City in defining their potential partnership within this exciting project, Pamela Anderson Brule, Anderson Brule Architects, advised the process overview: Feasibility Analysis Opportunities/Challenges Critical issues Vision and Strategic Goals November 8, 2005 -3- C IT Y MANA G E R 'S B R IE FIN G JOINT USE LIBRARY ITEM # 54582 (Continued) Approximately sixty (60) participants worked in large and small group discussions. Opportunities and challenges were researched and critical issues discussed. Sam McBane Mulford, Anderson Brule Architects, referenced discussions re services provided, the focus and role of this library within the Community. Strategic Operational Planning Community Needs / Service Model Operational Issues Conceptual Plan of Services Spaces Needs Assessment This process has provided a validation of the concept of Lifelong Learning as well as a broader definition encompassing "pre-cradle to grave ": providing information assistance, access and supporting the formal education environment process, The real focus at Tidewater Community College and within the City, not only in the workforce, but economic development. These are foundation elements to community building. Pamela Anderson Brule referenced the Consultant Observations: Leadership Advocacy Collaborative Relationships Mental Models Broad Support Critical Analysis Construction Thinking Indicators of Success Alignment in Vision and Strategic Plans Successful Precedents for Partnering Collaborative Mindsets Fiscal Responsibility and Funding Capacity Modeling the Collaborative Relationship Next Steps Operational Issues Workshops Community Outreach Marcy Sims, Acting Chief Information Officer and Director - Libraries, advised state resources are available for Phase 1. State resources re Phase II, encompassing the additional 50,000 square feet are not available until 2008 - 2010. Tidewater Community College has other priorities for buildings. One of the issues explored was whether the two (2) phases could be combined. If the funding is available to begin design work in July 2006, the City estimates a year or more for design, two (2) years for construction, for a possible opening in 2009. Connectivity throughout is definitely a goal. November 8, 2005 -4- CITY MANA GER 'S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) 1:35 P.M. ITEM # 54583 Patricia Phillips, Director of Finance, advised the Comprehensive Annual Report (CAFR) is the City's fourth under the new reporting model, Government Accounting Standards Board (GASB) Statement 34, titled "Basic Financial Statements and Management Discussion and Analysis for State and Local Governments p. The format of this Report, in accordance with GASB 34, has changed dramatically. The CAFR is approximately three hundred (300) pages, This information must be provided to City Council before the end of the calendar year. High quality public reporting on results and performance is one of the cornerstones of public trust. The production of this document is a team effort. The comptroller's staff: Don Barnett and Richard Lester, in attendance, assumed the lead in preparing the CAFR. Richard Dunford assumed the primary responsibility for preparing the long term debt report, Joanne Griggs, Audit Services, assisted the auditors preparing the document, Statement of Net Assets - Primary Government June 30, 2005 (IN MILLIONS) Governmental Business- Type Total Assets $ 3,008,0 $ 885,6 $ 3,893.6 Liabilities 980.6 134,4 1.115.0 Net Assets $ 2,027.4 $ 751.2 $ 2.778.6 Primary Government Infrastructure and Other Capital Assets at June 30, 2005 - Net of Accumulated Depreciation (in millions) Balance Net Balance June 30, 2004 * Additions/Deletions June 30, 2005 Land and Improvements 711.6 18.1 729.7 Buildings 481.0 (1,5) 479.5 Site Improvements 95.9 3.2 99.1 Machinery and Equipment 38.1 .5 38.6 Infrastructure 873.3 (.2) 873.1 Utility System 589,3 (38.6) 550.7 Construction in progress 412.0 107.0 519,0 Total Infrastructure & 3.201.2 88.5 3,289.7 Capital Assets Infrastructure (Roadways, Bridges, Landfill, Hurricane Protection) November 8, 2005 - 5 - C IT Y MANA G E R 'S B R IE FIN G COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 54583 (Continued) *Mrs. Phillips cited projects such as the Juvenile Detention Center, Correction Center Addition, and Lake RidJ!e Intersector Force Main which are reflected in the Net Additions Column of the chart. Statement of Activities - Primary Government - June 30,2005 (IN MILLIONS) Expenses Program Revenues Net Expenses Government Expenses $ 980.4 $ 259.4 $ (721,0)* Business Type Expenses 99,6 106. 8 7.2 Total Primary Government $1,080.0 $ 366.2 (713.8) General Revenues Taxes 672,9 Other 77.1 Net Increase 36.2 Net Assets - Beginning 2,742.4 Net Assets - ending $2.778.6 *This negative depicts expenses covered by Taxes General Fund Highlights Undesignated Fund Balance: $96, 6-MILLION increase of $23. 6-MILLION Revenues: over budget by $24.9-MILLION Expenditures: less than budget by $27.6-MILLION General Property Taxes: 57.6% of total revenue Increase 8,8% from prior year Other Local Taxes: 27.1 % of total revenue Increase 12.9%from prior year General Fund Expenditures Less Than Budget by $30.9-MILLION Schools City Police Human Services Public Works Fire Debt Service Other $10.4 20,5 $3.4 2.4 1.9 1.0 6.8 5.0 November 8,2005 - 6- C IT Y MANA G E R 'S B R IE FIN G COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 54583 (Continued) General Fund Statement of Revenues, Expenses and Changes in Fund Balance For the Fiscal year ended June 30, 2005 (IN MILLIONS) Budget Actual Variance % of Budget Revenues $ 820,5 $ 845.4 $ 24.9 3.0 Expenses 860.9 830.0 30.9 3.6 Excess Revenues Over (40.4) 15.4 $ 55.8 (Under) Expenses Fund Balance - July 1 124.0 124.0 Fund Balance - June 30 $ 83,6 $ 139.4 Less: Reservations 42.8 Undesignated Fund $ 96.6 Balance Fund Balance as a percent of Revenues is 11.4%. On November 1,2005, City Council appropriated $10.4- MILLION, reducing the Un design ated Fund Balance to $86.2-MILLION, or 10.2% of General Revenues, Fund Balance Issues Rising Operating Budget: to meet City Council Policy Uncertainty of State funding - i. e, Personal Property Tax Relief Act Future Capital Needs Rising Debt Service Costs Economy - BRAC (Base Realignment and Closure Commission) Rating Agency Concerns Relative the Water and Sewer Enterprise Fund, the total Net Assets are $542.9-MILLION. School Operating Fund-Statement of Revenues, Expenses and Encumbrances Fiscal Year Ended June 30, 2005 (In Millions) REVENUES Budget Actual Variance City $ 257.9 $ 247,5 (10.4) * Local 2.7 3,2 0.5 From Commonwealth 302,2 304.1 1.9 From Federal Government 24.4 16.5 2.1 Total Revenues $ 577.2 $ 571.3 $ (5.9) November 8, 2005 - 7 - CITY MANA GER 'S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 54583 (Continued) School Operating Fund-Statement of Revenues, Expenses and Encumbrances Fiscal Year Ended June 30, 2005 (In Millions) EXPENDITURES Budget Actual Variance Instruction $ 453.9 $ 444.1 $ 9.8 Administration, Attendance 19,7 18,9 0.8 and Health Pupil Transportation 22,7 22.6 0.1 Operations and Maintenance 77.6 73.9 3.7 Total Expenses & $ 573.9 $ 559.5 $ 14.4 Encumbrances Mrs. Phillips advised Total Debt as of June 30,2005, is $963-MILLION. Tax Supported Debt is $821- MILLION. Capital Project Expenditures totaled $252.7-MILLION. Municipal Debt cannot be called usually until ten (I 0) years after its issue. In addition, advance refunding may only be done once. Current refunding may be accomplished more than once, A variable debt program issued at short term rates might be considered i,e. auction rate securities or a similar program. Mrs. Phillips introduced John Montoro, Partner, Cherry, Bekaert & Holland Audit Team. Mr, Montoro recognized Bob Bielat, Local Partner in charge of the Audit and Krista Ross, Manager - Audit. The Auditors' Opinion was Unqualified:, Accounting principles generally accepted in the United States of America Material Transactions and Balances Compliance with laws and regulations material to the financial statements Required Communications Auditor's responsibility under generally accepted auditing standards: Assessed risk that the financial statements may contain a material misstatement, either intentional or unintentional Documented and considered internal controls to assist with audit approach, not for the purpose of providing assurance on those controls, November 8, 2005 - 8- CITY MANA GER 'S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) ITEM # 54583 (Continued) Required Communications Auditor's responsibility under Government Auditing Standards (The Yellow Book) Reviewed and tested the City's compliance with laws and regulations, noncompliance with which could have a material impact on the financial statements Reviewed compliance with applicable laws and regulations identified in the Specifications for Audit of Counties, Cities and Towns issued by the Auditor of Public Accounts of the Commonwealth of Virginia No significant policies were changed. The Gulf Fund, a business fund, was moved to a non-business activity. There were no transactions discovered that lacked any kind of authoritative consequences There were no significant audit adjustments proposed that would indicate weakness in the City's reportingprocess. There were no misstatements that were not corrected. The Auditors continue to be independent with respect to the City of Virginia Beach. Mr. Montoro advised approximately 1500 hours were expended in the Audit. November 8,2005 -9- CITY MANA GER 'S BRIEFING LOCAL ROADS NETWORK 2:05 P.M. ITEM # 54584 E. Dean Block, Director of Public Works, advised the purpose of the Briefing is to report to City Council on the current condition of the City's Local Roadway Network. During the August Retreat, City Council identified Congestion Relief and the establishment of a Road Funding Plan as priorities. Local Roadway is defined as any roadway within the City that is not a part of the interstate system, i.e. arterials and collectors. Congestion is defined as when the existing volume of a roadway exceeds it's design capacity at a Level of Service "D". There are three (3) levels of roadway planning: Hampton Roads 2026 Regional Transportation Plan Required by Federal Law Currently being updated for Year 2030, Updated on a 3-4 year cycle. Contains sixty (60) local roadway projects within Virginia Beach with an estimated cost of $2. 7-BILLION Virginia Department of Transportation (VDOT) 6-year Plan Updated annually and coordinated with the City's Capital Improvement Program Currently contains seventeen (17) Urban Arterial projects at various project stages with an estimated cost of$360-MILLION City of Virginia Beach Capital Improvement Program Updated annually and coordinated with he Virginia Department of Transportation (VDOT) Six-Year Improvement Plan Currently includes forty-nine (49) approved projects/programs in Roadway Capital Improvement Program Numerous projects/programs are not fully funded within the six (6) years of the currently approved Capital Improvement Program Includes Pay-As-You-Go maintenance projects There are fifty-one (51) local roadway projects in the "Requested but not Funded" section of the approved Capital Improvement Program, This is not a prioritized listing of projects. A backlog is defined as a roadway segment or intersection that is congested today, The maintenance backlog is the requirements to "catch up" to a sustainable 15-year cycle. A systematic evaluation of the backlog (314 arterial segments and 102 signalized intersections) has been conducted. November 8,2005 - 10- C IT Y MANA G E R 'S B R IE FIN G LOCAL ROADS NETWORK ITEM # 54584 (Continued) Other recognized roadway needs i.e. Safety Improvements/Short Term Congestion Reliefwere considered. There were twenty (20) priority congested major arterial segments plus intersections identified as congested. Short term congestion relieflsafety opportunities were included. Backlog Reduction Program Rapid Response Projects Projects that can be completed in 6-9 months, Projects do not require right-of-way acquisition and minimal private utility relocations Short Term Projects Projects that can be completed in 1-2 years. Projects may require limited Right-of- Way acquisition, minimal Private Utility relocations and environmental permitting. Mid-Term Projects Projects that can be completed in 2-6 years. These projects are of a magnitude that extensive right-of way, appropriate public participation, private utility relocations and environmental permitting would be required. Long Term Projects Projects that can be completed in 6-10 years. These projects may include an alternative analysis process, extensive public participation process, require relocation of businesses and residential property owners, private utility relocations including possible undegrounding of overhead utilities, an extended period for construction. Construction is likely to require extensive maintenance of traffic Federal/State requirements impact scheduling Funding Sources Federal/State: Urban Allocations, Congestion Mitigation Air Quality types of funding. Local: Pay-As-You-Go and Charter Bonds November 8, 2005 -11 - CITY MANA GER 'S BRIEFING LOCAL ROADS NETWORK ITEM # 54584 (Continued) Proposed 10- Year Funding Plan Combines existing and projected funding with three (3) alternative levels of funding All additional funding, is Pay-As-you-Go, includes maintenance All additional funding will sunset at the end often (10) years, except for the I-cent for maintenance 3-Cent Program ~ - Cent for Maintenance Rapid Response Program Short Term Program Existing Projects Accelerated: Elbow Road Phase II Lesner Bridge Replacement Shore Drive Phase II & III West Neck Road Witchduck Road Phase II New Projects Funded: Constitution Drive Jeanne Street Norfolk Avenue and Birdneck Road Intersection Improvements Cypress and l?h Street Intersection Improvements' Reon Drive Independence Boulevard (1-264 to Euclid Road) Baker Road and Newtown Road Intersection Improvements Harpers Road Kellam Road First Colonial Road (Republic to Old Donation) Rosemont Road Phase VA General Booth Boulevard Rosemont Road Phase VI Birdneck Road 4-Cent Program Includes 3-Cent program New Projects Funded: Dahlia and Independence Intersection Improvements Independence Boulevard - Columbus Street to Euclid Road Independence Boulevard - Columbus Street to 1-264 Road Virginia Beach Boulevard - Oceana Boulevard to Birdneck Road Lynnhaven Parkway and Potters Road Intersection Improvements Lynnhaven Parkway XII Princess Anne Road Phase VI Princess Anne Road Phase VIII November 8, 2005 - 12- C IT Y MANA G E R 'S B R IE FIN G LOCAL ROADS NETWORK ITEM # 54584 (Continued) 5-Cent Program Includes 3-Cent and 4-Cent program New Projects Funded: Kempsville Road Phase IV Centerville Turnpike Information shall be provided re the projects currently in the VDOT 6- Year Program, depicting the Legacy Projects and the Projects being developed by the City. Mr. Block referenced a preliminary meeting with the Virginia Department of Transportation in December and then meetings regarding the 6-Year Program as it is developed. The concerns of City Council shall be relayed. Concerning Nimmo ~ Mr. Block advised the us. Army Corps of Engineers, because of flood plain concerns, requested a 1600-foot bridge be built over the canal. This would cause a significant increase in the cost. Thus, the project was "pushed back" many years. Mr, Block referenced a project to significantly improve the intersection of International and Lynnhaven Parkway. Ifprevious studies have been completed re better mobility in the Lynnhaven Mall area (i, e, cutting Sabre Road through to London Bridge Road), these shall be provided. If studies are not available, staff shall review the area and conclusions will be brought back to City Council for discussion. The last section of London Bridge was originally scheduled to be completed in early November. Mr, Block has heard differing dates of completion. Mr. Block referenced the long term solution to Indian River Road is the Southeastern Parkway and Greenbelt. Indian River Road, a City street, is forced to perform as an Interchange, which it cannot function, The City Manager advised City Line Road has just been added to the Regional Plan, If City Line Road were to be completed, this would remove an estimated 10,000 cars a day off Indian River Road. The City Manager advised an enormous amount of work has been compiled re signal controllers, equipment, computers, timing and the new traffic center, A briefing shall be provided to City Council as this has entailed a major expenditure of dollars. City Staff, in January or early February, shall provide a comparison of the 3- 4- and 5-Cent Plans. If these funds are derivedfrom a tax source they shall be designated and not siphoned to other projects. City Council shall provide their preferences relative road projects. November 8,2005 - 13- CITY COUNCIL COMMENTS 3:40 P.M. ITEM # 54585 Council Lady McClanan referenced correspondence in the City Manager's Package from the Parks and Recreation Department outlining expenditures desired by the public, There is no mention of City appearance, landscaping, a duty which has been delegated to this department. Vice Mayor Jones and Council Members Wood and Villanueva concurred. Proper maintenance of landscaping should have been contained in the survey. Charles Meyer, Chief Operating Officer, advised the survey was focused strictly on service areas and parks and park facilities. This survey was intended to focus exclusively on citizens' priorities concerning investments made in the Parks and Recreation system. All of the service levels were purposely excluded. The City Manager advised Tom Ward - Virginia Beach Beautification Commission, will present a status report to City Council concerning the Community Color Program. A program relative proper maintenance of the City's landscaping shall be provided during the Budget process, Councilman Reeve requested closer cooperation with Sheriff Lanteigne and his Worliforce to stimulate the effort of increased maintenance of the City's right-of ways. ITEM # 54586 Councilman Villanueva referenced a Resort Advisory Commission report re a DRAFT Ordinance concerning the news media racks. The City Attorney advised the Ordinance is still being developed. The concept is not premature, but the Ordinance is premature. Deputy City Attorney William Macali and Assistant City Attorney Ron Ingram and Amy Mapp are still editing this ordinance. The details of the ordinance need refinement. The City Manager advised USA Today and The Virginian Pilot would not participate. ITEM # 54587 Council Lady Wilson referenced the Ordinance upon Application of Christian Chapel Assembly of God for a Conditional Use Permit for a church on property located at 2751 Salem Road. This application has been DEFERRED INDEFINITELY. Councilman Reeve advised Reverend Conant reiterated the Navy's interpretation is the Church was operating a daycare center and school. This is not the case, The nursery is only for housing the small children during Sunday services and the classrooms are just for Sunday school, Councilman Reeve supported this application being scheduled for a City Council Session. Correspondence from the Navy shall be provided to City Council by Karen Lasley, Zoning Administrator. November 8,2005 - 14- CITYCOUNCIL COMMENTS ITEM # 54588 Mayor Oberndorf referenced an "unhappy weekend" in Kempsville. Over one hundred (100) cars had their windows shot out. Mayor Oberndorf's car was one of these. Replacement windows incur expenses of over $300. The Fourth Police Precinct has a very large area to cover (from the Chesapeake Border to Norfolk and back over to the middle of Virginia Beach). Unfortunately criminal incidents of this nature are occurring more frequently. Council Lady McClanan concurred the residents of her District do not feel the police can always be here. During the Summertime, the number of police presence is reduced and transferred to the Resort Area, Councilman Schmidt advised the City is short seventy (70) sworn Police Officers. Councilman Dyer advised the Centerville District also shares the Fourth Precinct. Gang Markings and activities have been undergoing in Woods Corner, near Tal/wood Elementary, and the Stumpy Lake Bridge near Elbow Road. The Fourth Precinct has outgrown their present building. The Third Precinct is also incurring problems encompassing the expansion of Town Center and Bayside, November 8, 2005 -15 - AGENDA RE VIE W SESSION 4:00 P.M. ITEM # 54589 J. 5. Ordinance to EXTEND the date for compliance to December 12, 2005, in the matter of the closing, vacating and discontinuing of a portion of Sunny Avenue (formerly Poplar Street) Lake Bradford Park upon the application of Robin G. Waltrip, G. David Waltrip, and John Ward, Jr. (DISTRICT 3 - KEMPSVILLE) Vice Mayor Jones distributed the Ordinance to EXTEND the date for compliance (30 days) in the matter of the closing, vacating and discontinuing a portion of Sunny Lake. Vice Mayor Jones requested this item be ADDED as Item J.5, ITEM # 54590 J.1, Resolution to REFER to the Planning Commission an Ordinance to amend Section 401,501,601,801,901, and 1001 of the City Zoning Ordinance (CZO) re prohibiting incomvatible uses of Zoning Districts in Accident Potential Zone 1 (APZ-l). Deputy City Attorney Macali advised the "test" for whether an Ordinance works in a regulatory taking which is synonymous with the term "inverse condemnation" is whether there is a reasonable use left of the property. Under those circumstances, if there is no reasonable use of property then the City Council will be required to take it. However, there are situations in which the effect of the Ordinance will be to reduce the value of the property considerably but still leave a reasonable use of it so as to not constitute an inverse condemnation. The City would not be required then, under the Constitution of the United States or Virginia, to pay compensation. Nevertheless, it would reduce the value of the property as it prevents most of the development value of that property from being realized, The City Attorney advised various tools are being developed which will all converge in time for City Council's decision. The APZ Ordinance is one of these tools, It has to be launched now for consideration as it will entail at least forty-five (45) days to get through the Planning Commission and back to the City Council to make a decision. One of the components of the tools has to be an acquisition program as the City recognizes both the BRAC order requires same and some of the Ordinances being brought forward will create a situation, not a contract or an obligation, but rather a situation that may occur that less than a reasonable use of the property is left; and, in those circumstances, there will need to be acquisition. This item will be discussed during the Formal Session. November 8, 2005 - 16- AGE N DA REV IE W S E S S ION ITEM # 54591 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOLUTION/ORDINANCES J. 2. Ordinance to AUTHORIZE the reimbursement of legal fees and expenses incurred by a Sheriff's Deputy in defense of a traffic charge dismissed by the Court. J.3. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re deployment related to: a, Hurricane Katrina - Second Deployment b, Hurricane Rita $1,000,000 $ 36,000 J.4. OrdinancetoACCEPTandAPPROPRIATE $175,455 to Capital Improvement Program (CIP) for park playground renovations and improvements from Cash Payments in Lieu of Park Reservations: a, Athens Boulevard b. London Bridge Crossing c, Madison Crossing d. Saginaw Estates $ 70,000 $ 28,448 $ 29,250 $ 47,757 J.5, Ordinance to EXTEND the date for compliance to December 12, 2005, in the matter of the closing, vacating and discontinuing of a portion of Sunny Avenue (formerly Poplar Street) Lake Bradford Park upon the application of Robin G. Waltrip, G. David Waltrip, and John Ward, Jr. (DISTRICT 3 - KEMPSVILLE) Item J.5. shall be ADDED to the Agenda November 8, 2005 -17 - AGE N DA REV I E W S E S S ION ITEM # 54592 K1. Application ofK & SONS, INCfor the Modification of the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenience store at 1196 Indian Lakes Boulevard (Deferred by City Council on October 11, 2005). (DISTRICT 2 - KEMPSVILLE) K2. Applications of NORTH LANDING RIVER ASSOCIATES, L.L.C re 161 Princess Anne Road: (DISTRICT 7 - PRINCESS ANNE) a. Modification of Conditions for a Conditional Use Permit (approved by City Council on November 8, 1971) b, Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations K3. Application of STEVEN W. SIMPSON and BARRY D. KNIGHT for a Conditional Use Permit re alternative residential development at 2000 Munden Point Road. (DISTRICT 7 - PRINCESS ANNE) K4. Application of PRINCESS ANNE PROPERTIES, INC for a Conditional Use Permit for a car wash at 3397 Virginia Beach Boulevard. (DISTRICT 3 - ROSE HALL) K5. Ordinance to AMEND Section 902 of the City Zoning Ordinance (CZO) re minimum lot width in the B-3A Pembroke Central Business Core District re the Performing Arts Center development Item Kl, will be DEFERRED, BY CONSENT, until the City Council Session of November 22,2005. Mayor Oberndorfshall vote NAY on Items K2 and K3. Council Lady McClanan shall vote NAY on Items K2, K3, and K5 Item K4 will be APPROVED, BY CONSENT, as conditioned and subject to being developed in compliance with the rendering as shown to City Council on November 8, 2005. Vice Mayor Louis R. Jones DISCLOSED re Princess Anne Properties, Inc. for a Conditional Use Permit for a car wash. Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended a line of credit to Bishard Development Corporation. Steven Bishard is President of the Corporation. The car wash would be developed by Boulevard Freedom Wash, LLe Steven Bishard is a Manager of Boulevard Freedom Wash, LLe Vice Mayor Jones wished to disclose this interest and advised he was able to participate in this discussion fairly, objectively and in the public interest, Vice Mayor Jones's letter of November 8, 2005, is hereby made a part of the record. November 8, 2005 - 18- ITEM # 54593 Mayor Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1), To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Governance Committee for Historic Sites Historical Review Board Investment Partnership Advisory Committee- PPEA Personnel Board (Alternates) Wetlands Board (Alternates) Chesapeake Bay Preservation Area Board Evaluation of Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711(A)(3). Disposition/Acquisition of Property: Southeastern Parkway ARP PUBLIC CONTRACT: Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body, pursuant to Section 2.2-3711 (A)(30). Cox Communications LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7) , BRAC Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (2:20 P.M.). November 8, 2005 -19 - ITEM # 54593 (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, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Richard A. Maddox (left and returned at 4:55 P.M), (Closed Session: 4:25 P.M. - 6:00 P.M.) (Break: 4:27 - 4:40 P.M.) (Dinner: 6:00 P.M. - 6:20 P.M.) November 8, 2005 - 20- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 8,2005 6:00 P.M. Mayor Meyera E, Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 8,2005, at 6:20 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. Obernd01f, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Donald R, Staton Pastor, Christian Mission Fellowship Reverend Staton included in his Prayer blessings for the young child killed by a school bus today. 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 and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. November 8,2005 - 21 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54594 Upon motion by Councilman Dyer, 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 exempt 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 November 8, 2005 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 # 54593, page 18, 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. ~~~-=--- Ruth Hodges mith, MMC City Clerk November 8, 2005 - 22- Item V- F.1. MINUTES ITEM #54595 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of November 1, 2005. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan and Peter W Schmidt Council Members Absent: None Council Lady McClanan ABSTAINED as she was not in attendance during the City Council Session of November 1,2008, as she was with her husband, Glenn McClanan, who was very ill. Councilman Schmidt ABSTAINED as he was not in attendance during the City Council Session of November 1,2008, as he was out of the Country on business. November 8,2005 - 23- Item V-G.1. MAYOR'S ANNOUNCEMENT ITEM # 54596 Mayor Oberndorfintroduced the Boy Scouts in attendance to earn their Communications Merit Badge: BOY SCOUT TROOP 473 Ethan Iiams Jerry Benbrook Scout Master November 8, 2005 - 24- Item V-G.2. ADOPT AGENDA FOR FORMAL SESSION ITEM #54597 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to EXTEND the date for compliance to December 12, 2005, in the matter of the closing, vacating and discontinuing of a portion of Sunny Avenue (formerly Poplar Street) Lake Bradford Park upon the application of Robin G. Waltrip, G. David Waltrip, and John Ward, Jr. (DISTRICT 3 - KEMPSVILLE) November 8, 2005 - 25 - Item V-G.3. ADD-ON ITEM #54598 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda: Ordinance to EXTEND the date for compliance to December 12, 2005, in the matter of the closing, vacating and discontinuing of a portion of Sunny Avenue (formerly Poplar Street) Lake Bradford Park upon the application of Robin G. Waltrip, G. David Waltrip, and John Ward, Jr. (DISTRICT 3 - KEMPSVILLE 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 November 8, 2005 - 26- Item V-H. MAYOR'S PRESENTATION ITEM #54599 Mayor Oberndorf introduced Bill Sammler, Warning Coordination Meteorologist, NOAA's National Weather Service, Mr. Sammler recognized: City of Virginia Beach as "StormReady" Designated by the National Weather Service StormReady is a certification program for communities who demonstrate they meet national standards in such areas as emergency communications, public education, emergency management planning and weather information dissemination. This certification clearly illustrates the dedication of Fire Chief Gregory Cade, Emergency Management, March Marchbank, their staff and the Virginia Beach Schools. There are approximately one thousand (1,000) StormReady communities across the United States. The people who work and serve the City of Virginia Beach are prepared to handle a variety of weather situations. Chief Cade received the Certificate, The City received two (2) signs displaying the City's elite standing as StormReady. November 8, 2005 -27- Item V-J. RESOLUTION/ORDINANCES ITEM # 54600 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 2,3a/b,4a/b/c/d, and 5 (ADDED) 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. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 8, 2005 - 28- Item V-J.1 RESOLUTION/ORDINANCES ITEM # 54601 Deputy City Attorney William Macali advised there will be more than ample public notice, as three (3) Public Workshops will be scheduled relative this Accident Potential Zone 1 (APZ-1). This Ordinance applies to all zoning districts within the APZ-1 and includes Agricultural Zoning Districts, a small number of residential, apartment, office, business, industrial and one Planned Unit Development District, This Ordinance prohibits any use that is incompatible with the Navy's OPNA V Instruction. There are exceptions. The main exception is for property already developed and can be redeveloped with an equivalent density or intensity or a lesser density or intensity. If there is a single family dwelling on the lot that house may be replaced by another single family dwelling. The same is true of businesses. A grocery store can be on the site and demolished. If the new use is of lesser intensity or equal intensity, it can be built. However, no greater intensity or significant expansion would be allowed. As a matter of State law, any development which has been the subject of an approved preliminary site plan, subdivision plat or issued building permit, has the right to develop, so long as the owner of the property goes forward with some degree of diligence in pursuing this approval, Sam Reid, represented the Oceana Gardens Coalition Civic League (seven hundredforty (740) homes out of the eleven hundredfour (I104) single family units), registered in SUPPORT The only concern was Ocean a Gardens does not bear the burden of Virginia Beach's efforts to keep Oceana by giving up development rights without fair compensation. Mr. Reid requested the homeowners be kept informed as the process moves forward. Joe Ferrara, 209 Cheltenham Drive, Phone: 572-9236, represented residents in the APZ1 AT Cheltenham Square, Nottingham Estates and Gatewood, registered in Opposition, This ordinance does not compensate those affected for losing a significant value of their property. Helen Bonicar, 9123 Virginia Beach Boulevard A4, Phone: 502-4913, resident of Colony Mobile Trailer Park, age 70, jets measuring 500 decibles fly directly over her trailer home, Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to REFER to the Planning Commission an Ordinance to amend Section 401, 501, 601, 801, 901, and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts in Accident Potential Zone 1 (APZ-1), November 8, 2005 - 29- Item V-J.1 RESOLUTION/ORDINANCES ITEM # 54601 (Continued) 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 November 8,2005 1 2 3 4 5 6 7 8 9 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTIONS 401, SOl, 601, 801, 901, 1001 AND 1110 OF THE CITY ZONING ORDINANCE BY PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN THE PORTIONS OF AGRICULTURAL, RESIDENTIAL, APARTMENT, OFFICE, BUSINESS, INDUSTRIAL AND PD-H1 ZONING DISTRICTS WITHIN ACCIDENT POTENTIAL ZONE 1 (APZ-1) 10 WHEREAS, in August 2005, the Base Realignment and 11 Closure (BRAC) Commission issued a decision to realign NAS 12 Oceana by relocating the East Coast Master Jet Base to Cecil 13 Field, if, among other things, the City of Virginia Beach fails 14 to enact and enforce legislation to prevent further encroachment 15 of NAS Oceana by land uses that are incompatible with flight 16 operations i and 17 WHEREAS, BRAC Commission specifically stated in its 18 decision its intent was "to ensure that the State of Virginia 19 and the municipal governments of Virginia Beach and Chesapeake 20 take immediate and positive steps to halt the encroaching 21 developments that are pending before them now and in the 22 futurei" and 23 WHEREAS, the City Council is in the process of 24 evaluating the merits of potential actions designed to respond 25 appropriately to the BRAC Commission's decision and to the 26 Navy's concerns regarding encroachment of NAS Oceanai and 27 WHEREAS, during such process, interested parties will 28 have a full opportunity to express their views concerning all 29 such potential actions, including the City Zoning Ordinance 30 amendments referred to the Planning Commission by this 31 Resolutioni and 32 WHEREAS, it is the sense of the City Council that 33 referral of the said City Zoning Ordinance amendments to the 34 Planning Commission will provide an additional public forum in 35 which all interested parties may express their views on the 36 amendments, and will also stimulate other public discourse on 37 not only the amendments themselves, but on related issues as 38 well i and 39 40 WHEREAS, it is the intention of the City Council to consider each and every potential action thoroughly and 41 critically, and to adopt only those that it determines, after 42 full public debate, are in the best interests of the citizens of 43 Virginia Beachi and 44 WHEREAS, the public necessity, convenience, general 45 welfare and good zoning practice so requirei 46 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 47 CITY OF VIRGINIA BEACH, VIRGINIA: 48 That the above-entitled ordinance, a copy of which is 49 hereto attached, is hereby referred to the Planning Commission 2 50 for its consideration and recommendation. The Planning 51 Commission is directed to consider, and make its recommendation 52 on, such ordinance at its December 14, 2005 public hearing and 53 forthwith to transmit to the City Council its recommendation 54 thereon. 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the 8 day of November , 2005. CA-9761 OID\ordres\referAPZ-1ordin.res R-3 November 2, 2005 APPROVED AS TO LEGAL SUFFICIENCY: I w{;M It( /lIaa!. City Attorney's Office APPROVED AS TO CONTENT: ~A 11'7.0~ .~ Planning D€partment 3 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AMEND SECTIONS 401, 501, 601, 801, 901, 1001 AND 1110 OF THE CITY ZONING ORDINANCE BY PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN THE PORTIONS OF AGRICULTURAL, RESIDENTIAL, APARTMENT, OFFICE, BUSINESS, INDUSTRIAL AND PD-H1 ZONING DISTRICTS WITHIN ACCIDENT POTENTIAL ZONE 1 (APZ-1) Sections Amended: CZO ~~ 401, 501, 601, 801, 901, 1001 and 1110 12 WHEREAS, the public necessity, convenience, general welfare 13 and good zoning practice so require; 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 15 OF VIRGINIA BEACH: 16 That Sections 401, 501, 601, 801, 901, 1001 and 1110 of the 17 City Zoning Ordinance are hereby amended and reordained, to read as 18 follows: 19 Sec. 401. Use regulations [Agricultural Districts] 20 21 22 23 (d) Special restrictions in Accident Potential Zone 1 (APZ- 24 1). No use or structure shall be permitted on any property located 25 within Accident Potential Zone 1 (APZ-1) unless such use is 26 designated as Compatible in APZ-1 in Table 2 ("Air Installations 27 Compatible Use Zones Land Use Compatibility in Accident Potential 28 Zones") of Section 1804; provided, however, that any use or 29 structure not designated as Compatible shall be permitted as a 30 replacement of the same use or structure if the replacement use or 31 structure is of equal or lesser density or intensity than the 1 32 original use or structure. 33 COMMENT 34 35 36 37 38 39 40 41 42 43 44 45 46 47 The amendment prohibits new uses and structures in portions of Agricultural Districts within Accident Potential Zone 1 (APZ-1) that are incompatible under Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 1804. The provision allows replacement uses and structures so long as they are of lesser or equal density or intensity as the original use or structure. The specific Agricultural Districts located within APZ-1 include both the AG-1 and AG-2 Agricultural Districts. Sec. 501. Use regulations [Residential Districts] . (c) Special restrictions in Accident Potential Zone 1 (APZ- 48 1). No use or structure shall be permitted on any property located 49 within Accident Potential Zone 1 (APZ-1) unless such use is 50 designated as Compatible in APZ-1 in Table 2 ("Air Installations 51 Compatible Use Zones Land Use Compatibility in Accident Potential 52 Zones") of Section 1804; provided, however, that any use or 53 structure not designated as Compatible shall be permitted as a 54 replacement of the same use or structure if the replacement use or 55 structure is of equal or lesser density or intensity than the 56 original use or structure. 57 COMMENT 58 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 5 9 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 60 Section 1804 in portions of Residential Districts within Accident Potential Zone 1 (APZ-1). The 61 provision allows replacement uses and structures so long as they are of lesser or equal density or 62 intensity as the original use or structure. The specific Residential Districts located within APZ-1 63 include the R-15 Residential, R-10 Residential, R-7.5 Residential, R-5D Residential Duplex and R-5S 64 Residential Single-Family Districts. 65 66 2 67 Sec. 601. Use regulations [Apartment Districts]. 68 69 (c) Special restrictions in Accident Potential Zone 1 (APZ- 70 1). No use or structure shall be permitted on any property located 71 wi thin Accident Potential Zone 1 (APZ-1) unless such use is 72 designated as Compatible in APZ-1 in Table 2 ("Air Installations 73 Compatible Use Zones Land Use Compatibility in Accident Potential 74 Zones") of Section 1804; provided, however, that any use or 75 structure not designated as Compatible shall be permitted as a 76 replacement of the same use or structure if the replacement use or 77 structure is of equal or lesser density or intensity than the 78 original use or structure. 79 COMMENT 8 0 The amendment prohibits new uses and structures structures that are incompatible under Table 81 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential 82 Zones") of Section 1804 in portions of Apartment Districts within Accident Potential Zone I (APZ-I). 83 The provision allows replacement uses and structures so long as they are of lesser or equal density or 8 4 intensity as the original use or structure. The specific Apartment Districts located within APZ-I 85 include the A-12, A-IS and A-36 Apartment Districts. 86 87 88 Sec. 801. Use regulations [Office Districts]. 89 90 (c) Special restrictions in Accident Potential Zone 1 (APZ-1). No 91 use or structure shall be permitted on any property located within 92 Accident Potential Zone 1 (APZ-1) unless such use is designated as 93 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 3 94 Zones Land Use Compatibility in Accident Potential Zones") of 95 Section 1804; provided, however, that any use or structure not 96 designated as Compatible shall be permitted as a replacement of the 97 same use or structure if the replacement use or structure is of 98 equal or lesser density or intensity than the original use or 99 structure. 100 CO~NT 101 102 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 1 0 3 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 1 0 4 Section 1804 in portions of Office Districts within Accident Potential Zone 1 (APZ-l). The provision 105 allows replacement uses and structures so long as they are oflesser or equal density or intensity as the 106 original use or structure. The only Office District located within APZ-l is the 0-2 Office District. 107 108 109 Sec. 901. Use Regulations [Business Districts]. 110 111 112 (a) Principal and conditional uses. The following chart lists 113 those uses permitted within the B-1 through B-4 B-4C Business 114 Districts. Those uses and structures in the respective business 115 districts shall be permitted as either principal uses indicated by 116 a "P" or as conditional uses indicated by a "C." Uses and 117 structures indicated by an "X" shall be prohibited in the 118 respective districts. No uses or structures other than as specified 119 shall be permitted. 120 121 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). No 122 use or structure shall be permitted on any property located within 123 Accident Potential Zone 1 (APZ-1) unless such use is designated as 4 124 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 125 Zones Land Use Compatibility in Accident Potential Zones") of 126 Section 1804; provided, however, that any use or structure not 127 designated as Compatible shall be permitted as a replacement of the 128 same use or structure if the replacement use or structure is of 129 equal or lesser density or intensity than the original use or 130 structure. 131 COMMENT 132 133 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 134 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 135 Section 1804 in portions of Business Districts within Accident Potential Zone 1 (APZ-l). The provision 136 allows replacement uses and structures so long as they are of lesser or equal density or intensity as the 137 original use or structure. The specific Business Districts located within APZ-l include the B-1 138 Neighborhood Business and B-2 Community Business Districts. 139 140 A technical correction unrelated to the purpose of this ordinance is made in subsection (a). 141 142 143 144 145 Sec. 1001. Use regulations [Industrial Districts] . 146 147 148 149 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). No 150 use or structure shall be permitted on any property located within 151 Accident Potential Zone 1 (APZ-1) unless such use is designated as 152 Compatible in APZ-1 in Table 2 ("Air Installations Compatible Use 153 Zones Land Use Compatibility in Accident Potential Zones") of 154 Section 1804; provided, however, that any use or structure not 155 designated as Compatible shall be permitted as a replacement of the 156 same use or structure if the replacement use or structure is of 5 157 equal or lesser density or intensity than the original use or 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 structure. COMMENT The amendment prohibits new uses and structures structures that are incompatible under Table 2 ("Air Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 1804 in portions ofIndustrial Districts within Accident Potential Zone 1 (APZ-l). The provision allows replacement uses and structures so long as they are of lesser or equal density or intensity as the original use or structure. The specific Industrial Districts located within APZ-l include both the 1-1 and 1-2 Industrial Districts. Sec. 1110. Land use regulation~ Development District] . [PD-H1 Planned Unit (e) Special restrictions in Accident Potential Zone 1 (APZ-l). No use or structure shall be permitted on any property located within Accident Potential Zone 1 (APZ-l) unless such use is designated as Compatible in APZ-l in Table 2 ("Air Installations Compatible Use 180 Zones Land Use Compatibility in Accident Potential Zones") of 181 Section 1804; provided, however, that any use or structure not 182 designated as Compatible shall be permitted as a replacement of the 183 same use or structure the replacement use or structure is of equal 184 or lesser density or intensity than the original use or structure. 185 186 COMMENT 187 188 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 189 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of 190 Section 1804 in portions of the PD-Hl Planned Unit Development District within Accident Potential 191 Zone 1 (APZ-l). The provision allows replacement uses and structures so long as they are of lesser or 192 equal density or intensity as the original use or structure. 193 6 1 94 A minor technical amendment is made to the catchphrase of the section. 95 196 197 198 Adopted by the City Council of the City of Virginia Beach, 199 Virginia, on this day of , 200 . 200 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: td rlJu; II- jP/u,/ City Attorney's Office CA-9760 OID/ordres/Proposed/AICUZ/APZ-1ordin.doc R-3 November 3, 2005 7 - 30- Item V-J.2. RESOLUTION/ORDINANCES ITEM # 54602 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE the reimbursement of legal fees and expenses incurred by a Sheriff's Deputy in defense of a traffic charge dismissed by the Court, 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 8, 2005 1 AN ORDINANCE AUTHORIZING THE 2 REIMBURSEMENT OF A SHERIFF'S DEPUTY 3 FOR LEGAL FEES AND EXPENSES INCURRED 4 BY HIM IN HIS DEFENSE OF A TRAFFIC 5 CHARGE THAT WAS DISMISSED BY THE 6 COURT 7 8 WHEREAS, a Virginia Beach sheriff's deputy was charged 9 with reckless driving for actions arising out of the performance of 10 his official duties; 11 WHEREAS, at a trial held in the Augusta County General 12 District Court on July 1, 2003, the charge against the officer was 13 dismissed; 14 WHEREAS, in the defense of said charge, the officer 15 incurred legal fees and expenses in the amount of $450, and has 16 requested the City to reimburse him for such fees and expenses; 17 WHEREAS, Section 15.2-1171 of the Code of Virginia 18 provides that "(ilf any law-enforcement officer shall be 19 investigated, arrested or indicted or otherwise prosecuted on any 20 criminal charge arising out of any act committed in the discharge 21 of his official duties, and no charges are brought, the charge is 22 subsequently dismissed or upon trial he is found not guilty, the 23 governing body of the jurisdiction wherein he is appointed may 24 reimburse such officer for reasonable legal fees and expenses 25 incurred by him in defense of such investigation or charge"; and 26 WHEREAS, the City Attorney's Office has reviewed the 27 circumstances of this case, assessed the itemized bill submitted by 28 the officer's legal counsel, and determined that the legal fees and 29 expenses incurred by the officer are reasonable. 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 That the Sheriff is hereby authorized to expend funds in 33 the amount of $450 from the FY 2005-06 Operating Budget of the 34 Sheriff's Office for the purpose of reimbursing a sheriff's deputy 35 for legal fees and expenses incurred by him in his defense of a 36 traffic charge brought against him arising out of the performance 37 of his official duties. 38 Adopted by the Council of the City of Virginia Beach, 39 Virginia, on the 8 day of November , 2005. s~;ffc~ APPROVED AS TO LEGAL SUFFICIENCY: ~~, Ci ty orne' ice APPROVED AS TO CONTENT: CA-9786 HjGGjordresjSaucier.legalfees.ord.doc R-2 October 26, 2005 2 - 31 - Item V-J.3.a/b RESOLUTION/ORDINANCES ITEM # 54603 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2005-2006 Operating Budget re deployment related to: a. Hurricane Katrina - Second Deployment b. Hurricane Rita $1,000,000 $ 36,000 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 8, 2005 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,000,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR A SECOND DEPLOYMENT RELATED TO HURRICANE KATRINA WHEREAS, the Federal Emergency Management Agency (FEMA) 9 issued a second alert order for members of the FEMA Virginia 10 Task Force 2 Urban Search and Rescue Team for deployment related 11 to Hurricane Katrina and has approved $1,000,000 in 12 reimbursement costs for expenses related to the second 13 deployment for Hurricane Katrina. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That $1,000,000 in federal funds is hereby accepted from 17 the Federal Emergency Management Agency and appropriated to the 18 Fire Department's FY 2005-06 Operating Budget, for costs 19 associated with the second deployment of members of the Virginia 20 Task Force 2 Urban Search and Rescue Team, with federal revenue 21 . increased accordingly. 22 Accepted by the Council of the City of Virginia Beach, 23 Virginia on the R day of November , 2005. Approved as to Content Approved as to Legal SufficiE::ncy ~~%~ CA9790 H:\PA\GG\OrdRes\FEMA Hurricane Katrina Ord (2) October 27, 2005 R-2 U.S. Department of Homeland Security SOO C Street, SW Washington, DC 20472 Virginia Beach Fire Department Attn: Mark Piland Special Operations, Municipal Center 2408 Courthouse Drive, Building #21 Virginia Beach, VA 23456-9065 FEMA Re: EMW-2003-CA-Oll1 - M017 SEP 3 0 2005 Dear Mr. Piland: Enclosed are two copies of Amendment M017 issued against Cooperative Agreement EMW-2003-CA-0111 in the amount of$1,056,000.00 for review and signature. If, acceptable, please sign two (2) copies ofthe award amendment document and send one copy, as soon as possible, to the following address: Department of Homeland Security FEMA Grants Management Branch 500 C Street, S.W., Room 334 Washington, D. C. 20472 Attention: Sylvia A. Carroll The second copy is yours to retain as your fully executed copy. Please feel free to contact me at (202) 646-3503, if you have any questions. Sincerely, ~~~~ !I-, ~ I Sylvia A. Carroll Grants Management Specialist Enclosures www.fema.gov FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/ANlENDMENT 1. ASSISTANCE INSTRUMENT 2, TYPE OF ACTION [] COOPERATIVE AGREEMENT D GRANT o AWARD ill AMENDMENT 3. INSTRUMENT NUMBER 4, AMENDMENT NUMBER 5. EFFECTIVE DATE 16. CONTROL NUMBER EMW-2003-CA-0111 M017 See Block 21 NN00581Y2005T 7. RECIPIENT NAME AND ADDRESS 8. ISS UING/ADMINISTRATION OFFICE Virginia Beach Fire Department F~dera1 Emergency Management Agency Attn: Vance Cooper FjLnancia1 & Acquisition Management Div Viriginia Task Force 2 G~ants Management Branch 513 viking Drive 500 C Street, S.W" Room 350 Suite 9 W~shington DC 20472 Virginia Beach VA 23452-7322 Specialist: Sylvia A. Carroll 202-646-3503 9, RECIPIENT PROJECT MANAGER 10, FE MA PROJECT OFFICER Vance Cooper 757-431-4160 WEinda Casey, 202-646-4013 11, ASSISTANCE ARRANGEMENT 12, PAYMENT METHOD 13, PA. YMENT OFFICE ~ COST REIMBURSEMENT ~ TREASURY CHECK F~deral Emergency Management Agency o COST SHARING REIMBURSEMENT Accounting Services Division o FIXED PRICE 0 Disbursement & Receivables Branch ADVANCE CHECK 500 C Street, S. W" Room 723 o OTHER 0 LETTER OF CREDIT WEishington DC 20472 14. ASSISTANCE AMOUNT 15, ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $5,520,877.53 See continuation Page AMOUNT THIS ACTION $1,056,000.00 TOTAL AMOUNT $6,576,877.53 16, DESCRIPTION OF PROJECT This amendment, M017, provides funding support to the Hurr~cane Katrina Recovery Effort. The total amount obligated under this agreement is hereby ~ncreased by $1,056,000.00 from $5,520,877.53 to $6,576,877.53. All other terms and conditions remain in effect. CFDA reference is 97.025. END OF AMENDMENT M017 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. RECIPIENT (Type name and title) 19, ASSISTANCE OFFICER (Type name and title) Richard W. Goodman ~ssistance Officer DAT@I:P 3 0 2005 CONTINUATION PAGE A.I PRICE/COST SCHEDULE ITEM DESCRIPTION OF QTY UNIT UNIT AMOUNT NO. SUPPLIES/SERVICES PRICE 1 1.00 $1,056,000.00 $1,056,000.00 US&R Task Force Deployed to Louisiana in support 0 FUNDING/REQ NO: 1 : $1,056,000.00 NN00581Y2005T GRAND TOTAL --- $1,056,000.00 ------------------ ------------------ ACCOUNTING AND APPROPRIATION DATA: ACRN APPROPRIATION REQUISITION NUMBER AMOUNT 1 2005-06-1603DR-9064- -4101-0 NN00581Y2005T P $1,056,000.00 1 2 3 4 5 6 7 8 9 10 11 12 13 14 j 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE $336,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR A DEPLOYMENT RELATED TO HURRICANE RITA WHEREAS, the Federal Emergency Management Agency (FEMA) issued an alert order for members of the FEMA Virginia Task Force 2 Urban Search and Rescue Team for deployment related to Hurricane Rita and has approved $336,000 in reimbursement costs for expenses related to the Hurricane Rita deployment. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $336,000 in federal funds is hereby accepted from the Federal Emergency Management Agency and appropriated to the Fire Department's FY 2005-06 Operating Budget, for costs associated with the deployment of members of the Virginia Task Force 2 Urban Search and Rescue Team, with federal revenue increased accordingly. Accepted by the Council of the City of Virginia Beach, Virginia on the day of November , 2005. 8 Approved as to Content Approved as to Legal Sufficiency ~~$;L"_ Menagem t S rvices I ,)um C!4ilA City Attorney' Office CA9789 H:\PA\GG\OrdRes\FEMA Hurricane Rita Ord (2) October 27, 2005 R-2 ,,) u.s. Department of Homeland Security 500 C Street, SW Washington, DC 20472 Virginia Beach Fire Department Attn: Mark Piland Special Operations, Municipal Center 2408. Courthouse Drive, Building #21 Virginia Beach, VA 23456-9065 FEMA Re: EMW-2003-CA-Oll1 - M018 SiP 3 0 2Ot6 Dear Mr. Piland: Enclosed are two copies of Amendment MO 18 issued against Cooperative Agreement EMW-2003-CA-0111 in the amount of$336,000.00 for review and signature. If, acceptable, please sign two (2) copies of the award amendment document and send one copy, as soon as possible, to the following address: Department of Homeland Security FEMA Grants Management Branch 500 C Street, S.W., Room 334 Washington, D. C. 20472 Attention: Sylvia A. Carroll The second copy is yours to retain as your fully executed copy. Please feel free to contact me at (202) 646-3503, if you have any questions. Sincerely, L/L~ 11-~ ~ -' -'~Y1vla A. Carroll Grants Management Specialist Enclosures www.lfema.gov , '1, ASSISTANCE INSTRUMENT 2, TYPE OF ACTION ~ COOPERATIVE AGREEMENT o GRANT o AWARD 0 AMENDMENT 3. INSTRUMENT NUMBER 4. AMENDMENT NUMBER 5, EFFECTIVE DATE 16, CONTROL NUMBER EMW-2003-CA-Olll M018 See Block 21 NN00585Y2005T 7. RECIPIENT NAME AND ADDRESS 8. ISSl,JING/ADMINISTRATION OFFICE Virginia Beach Fire Department E'e deral Emergency Management Agency Attn: Vance Cooper Financial & Acquisition Management Div Viriginia Task Force 2 Grants Management Branch 513 Viking Drive 500 C Street, S.W., Room 350 Suite 9 Wa shington DC 20472 Virginia Beach VA 23452-7322 Specialist: Sylvia A. Carroll 202-646-3503 9, RECIPIENT PROJECT MANAGER 10, FEMA PROJECT OFFICER Vance Cooper 757-431-4160 Wanda Casey, 202-646-4013 11, ASSISTANCE ARRANGEMENT 12. PAYMENT METHOD 13, PAYMENT OFFICE GJ COST REIMBURSEMENT o TREASURY CHECK Federal Emergency Management Agency o COST SHARING REIMBURSEMENT Ac counting Services Division o FIXED PRICE 0 Disbursement & Receivables Branch ADVANCE CHECK 500 C Street, S,W" Room 723 o OTHER 0 LETTER OF CREDIT Wa shington DC 20472 14. ASSISTANCE AMOUNT 15. ACCOUNTING & APPROPRIATION DATA PREVIOUS AMOUNT $6,576,877,53 Continuation Page See AMOUNT THIS ACTION $336,000.00 TOTAL AMOUNT $6,912,877,53 FEDERAL EMERGENCY MANAGE MENT AGENCY ASSISTANCE AWft.RDJAI\fIENDMENT 16. DESCRIPTION OF PROJECT This amendment, M018, provides funding support to Hurricane Rita Recovery Effort. The total amount obligated under this agreement is hereby increased by $336,000.00 from $6,576,877.53 to $6,912,877.53. All other terms and conditions remain in effect. CFDA reference is 97,025. END OF AMENDMENT M018 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. RECIPIENT (Type name and title) TE " ~ S~M Ot7 REPLACES E ~E~ CONTINUATION PAGE A.I PRICE/COST SCHEDULE ITEM NO. DESCRIPTION OF SUPPLIES/SERVICES QTY UNIT UNIT PRICE AMOUNT 1 1.00 $336,000.00 Funding for US&R Task Forces and 1ST Members that FUNDING/REQ NO: 1: $336,000.00 NN00585Y2005T $336,000.00 GRAND TOTAL --- $336,000.00 ------------------ ------------------ ACCOUNTING AND APPROPRIATION DATA: ACRN APPROPRIATION REQUISITION NUMBER AMOUNT 1 2005-06-1606DR-9064- -4101-D NN00585Y2005T P $336,000.00 - 32- Item V-J.4.a/b/cld RESOLUTION/ORDINANCES ITEM # 54604 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $175,455 to Capital Improvement Program (CIP) for park playground renovations and improvements from Cash Payments in Lieu of Park Reservations: a, Athens Boulevard b. London Bridge Crossing c. Madison Crossing d. Saginaw Estates $ 70,000 $ 28,448 $ 29,250 $ 47,757 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 8, 2005 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $175,455 FROM VARIOUS DEVELOPMENTS TO CAPITAL 3 IMPROVEMENT PROGRAM PROJECT #4-970, PARK 4 PLAYGROUND RENOVATIONS, FOR PLAYGROUND 5 IMPROVEMENTS 6 7 WHEREAS, in accordance with the City Council Policy for Cash- 8 Payment in Lieu of Park Reservation, the City will receive $70,000 9 for the Athens Boulevard subdivision, $28,448 for the London Bridge 10 Crossing subdivision, $29,250 for the Madison Crossing subdivision, 11 and $47,757 for the Saginaw Estates subdivision, for playground 12 improvements in the vicinity of these developments. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That $175,455 is hereby accepted from various developers and 17 appropriated to Capital Improvement Project #4-970, Park Playground 18 Renovations, for playground improvements in the vicinity of the 19 proposed subdivisions, with revenue from local sources increased 20 accordingly in the FY 2005-06 Capital Improvement Budget. 21 Adopted by the Council of the City of Virginia Beach, 22 Virgini$, on the 8 day of November , 2005. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~M anage ent ervices )aLnlJ !.;( ~~ City Attorney's ffice CA9791 H:\PA\GG\OrdRes\Park Playground Renovations Ord October 28, 2005 R-3 2005 Cash-In-Lieu-Of-Park Reservation Payments Department of Parks and Recreation - Appropriation to CIP 4-970 Park Playground Renovations Subdivision Name: Athens Boulevard Subdivision Location: Athens Boulevard at Beaufort Avenue (Chesapeake Beach area) Developer: Athens Blvd., L.L.C. Site size: 4.5 acres Zoninq: R-7.5 Number of lots: 15 Park dedication requirement: .225 acres Assessed value per acre: $311,111 Payment amount: $70,000 Subdivision Name: London Bridge Crossing Subdivision Location: West side of London Bridge Blvd., ~ south of Potters Road Developer: Bishard Development, Inc. Site size: 5.17 acres Zoninq: R-5d Number of lots: 21 lots Park dedication requirement: .24 acres Assessed value per acre: $118,583 Payment amount: $28,448 Subdivision Name: Madison Crossing Subdivision Location: Northwest side of Dam Neck Road, ~ north of Rosemont Road Developer: Birshard Development, Inc. Site size: 4 acres Zoninq: R-5d Number of lots: 24 Park dedication requirement: .24 acres Assessed value per acre: $121,878 Payment amount: $29,250 Subdivision Name: Saginaw Estates Subdivision Location: Thompkins Lane off of Indian River Road (Newlight area) Developer: Tate Terrace Realty Investment, Inc. Site size: 5.8 acres Zoninq: R-5d Number of lots: 27 Park dedication requirement: .35 acres Assessed value per acre: $136,448 Payment amount: $47,757 " ,. 'I' " City Council Policy Title: Cash Payment in lieu of Park Reservation Index Number: 3.01 Date of Adoption: Date of Revision: Page 1 of 2 '.0 Purpose and Need for Policies and Procedures Section 4.5 of the Subdivision Ordinance, Public Sites and Open Spaces, has been used as the tool to acquire neighborhood parks and open space in developing areas. Section 4.5 is also a tool for acquiring sensitive environmental land. It requires the developer to reserve a parcel of land for open sp3ce and recreational purposes according to a formula based on lot size. The City has the option of purchasing this reserved land within five years at current market value. The following alternatives to reservation are currently available in the Subdivision Ordinance: Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement specified in the Subdivision Ordinance. Other Arrangements: Other mutually agreeable arrangements approved by City Council which could include a cash payment. Homeowners' Association: Establish a homeowners' association which would own the property and would constitute an equivalent recreational amenity. As noted, Section 4.5 of the Subdivision Ordinance allows for cash payments as an alternative to reservations. Cash payments in lieu of a reservation or dedication is desirable when the dedication requirement is small (less than one acrel or due to an analysis of existing open space/recreation amenities in relation to standards based on population, it is determined that additional land is not needed. This policy is needed to clarify the process and value for determining cash payments to ensure a consistent and equitable approach for cash payments. This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the cash payments are to be designated for improvements within the planning area of the developing subdivision. 2.0 Policv Cash payments are recommended as an acceptable alternative to dedication of open space area when the dedication requirement is such that the resulting park space would not be a useful amenity based on statistical criteria and standards used for acquisition of park space (generally less than one acrel. All cash in lieu of payments are to be determined by the City Real Estate Assessor and based on the dedication requirement multiplied by the assessed land value. In the case where a property has a current land value and market value due to land use taxation for qualifying farm and reforested property, the market value will be used to determine the cash payment. Cash payments will be due upon approval by City Council unless other arrangements are approved by City Council. 3.0 Procedure to Accomplish Policv Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the Subdivision Ordinance. The procedures and policies are in place to determine the reservation or dedication requirement. The assessed value of properties is determined by the City Assessor's Office. I " 4.0 Responsibility and Authority The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments. Representatives from the Department of Parks and Recreation, Public Works/Real Estate, City Assessor's Office, Department of Planning, and the City Attorney's Office will review cash in lieu of payments. The City Assessor's Office will determine the assessed land value. The Director of Parks and Recreation will review the proposal for cash in lieu dedication/reservation against the City's Outdoors Plan and attach a signed finding of conformity/compliance with the Plan. 5.0 Definitions Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is one half of the reservation requirement. Assessed Value: Current monetary value of the property as determined by the City Assessor's Office. 6.b Specific Requirements All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision Ordinance. Staff will provide statistical analysis, appraisal information, calculation of the cash payment, and agreement from the developer. A cash in lieu of form and agreement will be used in this process (see attachedl. These items are to be included in the Agenda Request for approval of the cash payment. Approved as to Content: AtU- iP. tJ~ df/95" Date I :; ~ ,IA ,~ ..if Director / Administr ator , ~1 " Reviewed by: C;ty ~or!!(M JJI ;tj~j ~~\,93~ J - :t-y.J- Dhte f~'QN\~Qd cg ) ~ 9 ~ Date J Approved as to Legal Sufficiency: APPROVED BY CITY COUNCil: ~/ ..< J / 7..:5" Date - 33- Item V-J.5. RESOLUTION/ORDINANCES ITEM # 54605 ADDED Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to EXTEND the date for compliance to December 12, 2005, in the matter of the closing, vacating and discontinuing of a portion of Sunny Avenue (formerly Poplar Street) Lake Bradford Park upon the application of Robin G. Waltrip, G. David Waltrip, andJohn Ward, Jr. (DISTRICT 3 - KEMPSVILLE) 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 8, 2005 1 AN ORDINANCE FURTHER EXTENDING THE 2 DATE FOR SATISFYING CONDITIONS IN THE 3 MATTER OF THE CLOSING, VACATING AND 4 DISCONTINUING OF A PORTION OF SUNNY 5 AVENUE (FORMERLY POPLAR ST.) LAKE 6 BRADFORD PARK, UPON THE APPLICATION 7 OF ROBIN G. WALTRIP AND G. DAVID 8 WALTRIP AND JOHN WARD, JR. 9 WHEREAS, on July 13, 2004, the Council of the City of Virginia Beach acted upon the 10 application of Robin G. Waltrip and G. David Waltrip and John Ward, Jr. for the closure of portion 11 of Sunny Avenue; 12 WHEREAS, on July 13, 2004 the Council adopted an Ordinance to close the aforesaid street, 13 subject to certain conditions being met on or before July 12, 2005; and 14 WHEREAS, on June 22, 2005, the applicant applied for and was granted an extension of time 15 to November 12,2005, to satisfy the conditions attached to the aforesaid street closure. 16 WHEREAS, on November 8, 2005, the applicant requested that they be granted an additional 17 thirty day extension of time to satisfy the conditions attached to the aforesaid street closure. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That the date for meeting conditions of closure as stated in the initial Ordinance adopted on 21 July 13, 2004, upon application of Robin G. Waltrip and G. David Waltrip and John Ward, Jr., is 22 further extended to December 12,2005. 23 GPIN's: 1570-41-1300,1570-41-0269,1570-41-0330, 1570-41-0302, 1570-31-9382, 1570-31-9353, 24 1570-31-9334,1570-31-8394,1570-31-8364, 1570-31-9282, 1570-31-9243, 1570-31-9213, and 25 1570-31-8276 , , 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8th day of 27 November, 2005. CA-9708 H:\OIDIREAL ESTATElSlreet Closure\ Waltrip- Ward.ca9651.eXI.ord2.doc Date: 11/8/05 R1 APPROVED AS TO CONTENT: ~ Planning D~nt APPROVED AS TO LEGAL SUFFICIENCY: ~~. tuul-to-J City Attorn's Office Item V-J(, PLANNING 1. K & SONS, INC. - 34- ITEM #54606 2. NORTH LANDING RIVER ASSOCIATES, L.L.C. 3. STEVEN W. SIMPSON and BARRY D. KNIGHT 4. PRINCESS ANNE PROPERTIES, INC. 5. CITY ZONING ORDINANCE MODIFICATION OF THE INDIAN LAKES LAND USE PLAN MODIFICATION OF CONDITIONS Conditional Use Permit (approved 11/8/71) VARIANCE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND Section 902 re minimum lot width in the B-3A Pembroke Central Business Core District re Performing Arts Center November 8, 2005 - 35 - Item V-K. PLANNING ITEM # 54607 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED IN ONE MOTION Items 1 (DEFERRED), 2, 3,4 and 5 of the PLANNING BY CONSENT AGENDA. Item K,2, was DEFERRED, BY CONSENT, until the City Council Session of November 22,2005 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Mayor Oberndorfvoted a VERBAL NAY on Items K,2, K,3. Council Lady McClanan voted a VERBAL NAY on Items K,2, K,3. and K,5 Vice Mayor Louis R. Jones DISCLOSED re Princess Anne Properties, Inc. (K4) for a Conditional Use Permit for a car wash, Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as aM ember of the Board. Resource Bank has extended a line of credit to Bishard Development Corporation, Steven Bishard is President of the Corporation. The car wash would be developed by Boulevard Freedom Wash, LLC. Steven Bishard is a Manager of Boulevard Freedom Wash, LLC. Vice Mayor Jones wished to disclose this interest and advised he was able to participate in this discussion fairly, objectively and in the public interest. Vice Mayor Jones's letter of November 8, 2005, is hereby made a part of the record. November 8,2005 - 36- Item V-K.l. PLANNING ITEM # 54608 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council DEFERRED until the City Council Session of November 22, 2005, an Ordinance upon application of K & SONS, Inc. for Modification to the Indian Lakes Land Use Plan to allow a gasoline station in conjunction with a convenience store. ORDINANCE UPON APPLICATION OF K & SONS, INC. FOR THE MODIFICATION OF THE INDIAN LAKES LAND USE PLAN TO ALLOW GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE Ordinance upon Application of K & Sons, Inc. for the Modification of the Indian Lakes Land Use Plan to allow gasoline sales in conjunction with a convenience store on property located at 1196 Indian Lakes Boulevard (GPINs 14658968560000; part of 14658958850000). 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. The purpose of this modification to the land use plan is to develop the site for gasoline sales in conjunction with a convenience store. DISTRICT 2 - KEMPSVILLE 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None November 8, 2005 -37- Item V-.K.2. PLANNING ITEM # 54609 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED applications of NORTH LANDING RIVER ASSOCIATES, L.L.c. for a, Modification of Conditions to a Conditional Use Permit (approved by City Council on November 8, 1971) and a Variance to Section 5B of the Site Plan Ordinance, Floodplain Regulations: ORDINANCE UPON APPLICATION OF NORTH LANDING RIVER ASSOCIATES, 1.1. C. FORA MODIFICATION OF CONDITIONS TO A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON NOVEMBER 8,1971, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of North Landing River Associates, 1.1. C. for a Modification of Conditions to a Conditional Use Permit approved by City Council on November 8, 1971. The property is located at 161 Princess Anne Road (GPIN 23174127930000). DISTRICT 7 - PRINCESS ANNE AND, Ordinance upon Application of North Landing River Associates, 1.1. C. for a Variance to Section 5B of the Site Plan Ordinance. Floodvlain Regulations on property located at 161 Princess Anne Road (GPIN 23174127930000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. All Stipulations, with the exception of "The property cannot be used for permanent trailers or campsites, attached to the Conditional Use Permit granted by the City Council on November 8, 1971 remain in affect. In addition to the existing Stipulations the following conditions shall be attached to the conditional use permit: a. (i) The six (6) cabins, existing along the eastern side of Canal 2 shall be permitted to remain on the site provided the applicants' obtain all the necessary permits, inspections and certificates of occupancy for the cabins, (ii) Any recreational vehicles stored on the site year round and available for lease shall obtain any necessary permits, inspections and certificates of occupancy as required by State law as determined by the Building Code Official of the City of Virginia Beach. b. The applicants shall delineate and screen the "Recreational Vehicle Storage Area" located in the southeastern portion of the site, The screening shall be Category IV. November 8, 2005 - 38- Item V-K.2. PLANNING ITEM # 54609 (Continued) c. The applicants shall delineate and screen the maintenance staging area and campground item storage area located in the southeastern portion of the site. The screening shall be Category IV. d. There shall be no encroachment into the delineated wetlands areas depicted on the submitted site plan entitled "North Landing River Front Camp Ground, Virginia Beach, Virginia, Exhibit A ", prepared by WPL and dated 5/20/05. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department, 2. The proposed floodplain mitigation and buffer restoration shall substantially adhere to the submitted plans entitled "North Landing River Front Camp Ground, Virginia Beach, Virginia, Mitigation Plan ", prepared by WPL and dated 9/12/05. Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department, 3, The applicants shall submit detailed site and mitigation plans to the Development Services Center, Planning Department of the City of Virginia Beachfor review and approval within three (3) months of City Council approval of the Modification of Conditions and Floodplain Variance. Required screening and improvements shown on the mitigation plan must be completed by June 1, 2006, Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None November 8,2005 - 39- Item V-K.3. PLANNING ITEM # 54610 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of STEVEN W. SIMPSON and BARRY D. KNIGHT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF STEVEN W. SIMPSON and BARRY D. KNIGHT FOR A CONDITIONAL USE PERMIT FOR ALTERNATIVE RESIDENTIAL DEVELOPMENT R0100534132 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Steven W. Simpson and Barry D. Knight for a Conditional Use Permit for alternative residential development on property located at 2000 Munden Point Road (GPIN 23088084330000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The final plat shall depict the three (3) proposed parcels as shown on the plan entitled "Preliminary Subdivision, 2000 Munden Point Road, " prepared by The Spectra Group, Inc., dated 07-21-05, 2. The ingress/egress for the proposed Lot 1 shall be via an ingress/egress easement provided to Lot 1 from the proposed Lot 3, Said easement shall be depicted on the final plat. 3. As required by the Rural Development Guidelines set forth in the City of Virginia Beach Comprehensive Plan, a minimum 50-foot wide vegetative buffer shall be installed, where one does not currently exist, along all property lines subject to this application that adjoin any parcel actively used for agricultural purposes. The first 25 feet of said buffer, closest to the adjacent agricultural field, shall be planted with a mixture of grasses and low growing indigenous shrubs. The second 25 feet of said buffer shall be planted with a double row of trees with a minimum caliper of 1- ~ inches and should be centered no more than 30 feet on center. These trees shall be indigenous and consist of a mixture of 25 percent deciduous and 75 percent evergreen. A Landscape Plan shall be submitted with the final plat to the Development Services Center for review and approval prior to the recordation of the final plat, 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 Eighth of November, Two Thousand Five November 8, 2005 - 40- Item V-K.3. PLANNING ITEM # 54610 (Continued) Voting: 9-2 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None November 8, 2005 - 41 - Item V-K.4. PLANNING ITEM # 54611 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED an Ordinance upon application of PRINCESS ANNE PROPERTIES, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PRINCESS ANNE PROPERTIES, INC. FOR A CONDITIONAL USE PERMIT FOR A CAR WASH R0100534133 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Princess Anne Properties, Inc, for a Conditional Use Permit for a car wash on property located at 3397 Virginia Beach Boulevard (GPIN 14878406360000). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1, When the site is redeveloped, the site layout shall be in substantial conformance with the plan entitled, "Preliminary Site Plan of Freedom Wash at Princess Anne Plaza, " prepared by Engineering Services, Inc., dated October 7, 2005, and being developed in compliance with the rendering as shown to City Council on November 8, 2005. All structures must meet all setback requirements as dictated by the City of Virginia Beach Zoning Ordinance. 2. When constructed, the self service and automatic wash building shall substantially adhere to the rendering entitled, "Freedom Wash," prepared by Porterfield Design Center in terms of building materials and color scheme. 3, The free standing sign or any other signage on the site or building shall not contain changeable copy. The free standing sign shall be in substantial conformance with the sign depicted on the rendering entitled "Freedom Wash," prepared by Porterfield Design Center. 4. The landscaping to be installed shall be, at a minimum, as depicted on the Landscape Plan entitled, "Landscape Plan, Freedom Wash at Princess Anne Plaza," prepared by Engineering Services, Inc., dated August 25, 2005, Foundation landscaping shall be incorporated into the planting bed depicted along the western fa9ade, Said Landscaping Plan, depicting these requirements, shall be submitted during final site plan review, November 8,2005 - 42- Item V-K.4. PLANNING ITEM # 54611 5. Directional signs shall be installed on the site, both free standing and on the pavement, as depicted on the Preliminary Site Plan, Additional directional signs may be installed as necessary and as permitted by the City of Virginia Beach Zoning Ordinance. 6. At least one (1) employee shall be present on site seven (7) days per week during the hours of9:00 a.m. and 5:00 p.m. and during any additional peak hours of the operation. 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 Eighth of November, Two Thousand Five 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. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Vice Mayor Louis R. Jones DISCLOSED re Princess Anne Properties, lnc, (K4) for a Conditional Use Permit for a car wash. Mayor Jones is a member of the Board of Directors of Resource Bank and receives more than $10,000 annually in compensation as a Member of the Board. Resource Bank has extended a line of credit to Bishard Development Corporation. Steven Bishard is President of the Corporation, The car wash would be developed by Boulevard Freedom Wash, LLC. Steven Bishard is a Manager of Boulevard Freedom Wash, LLC. Vice Mayor Jones wished to disclose this interest and advised he was able to participate in this discussion fairly, objectively and in the public interest, Vice Mayor Jones's letter of November 8, 2005, is hereby made a part of the record. November 8, 2005 City c>f Virgi:r1ia Beach VBgov.com LESLIE L. LILLEY CITY ATTORNEY MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9004 (757) 427-4531 FAX (757) 426-5687 TOD (757) 427-4305 In Reply Please Refer to OP-898 November 8, 2005 Vice-Mayor Louis R. Jones Virginia Beach City Council Municipal Center Virginia Beach, VA 23456 Re: Request for Conflict of Interests Act Opinion Dear Vice-Mayor Jones: I am writing in response to your request for an opinion as to whether you are precluded from participating in City Council's discussion of, and vote on, Princess Anne Properties, Inc.' s application for a Conditional Use Permit. SUMMARY CONCLUSION Based on my review of the State and Local Government Conflict of Interests Act and the facts provided by you, I am of the opinion that you do not have a personal interest in Princess Anne Properties, Inc.' s application for a Conditional Use Permit. Therefore, you may participate without restriction in City Council's discussion of, and vote on, the agreement. I base the aforesaid conclusion on the following facts that you have presented. Please review and verify the accuracy of the facts set forth herein as you may only rely upon this opinion to the extent that those facts are complete and accurate. FACTS PRESENTED Princess Anne Properties, Inc. has applied for a Conditional Use Permit for a car wash on property located at 3397 Virginia Beach Boulevard. The car wash would be developed by Boulevard Freedom Wash, LLC. Steven Bishard is a manager of Boulevard Freedom Wash, LLC. Vice-Mayor Jones 2 November 8, 2005 You are a member of the Board of Directors of Resource Bank and receive more than $10,000 annually for service on the board. Resource Bank has extended a line of credit to Bishard Development Corporation. Mr. Bishard is president of the corporation. The line of credit is restricted to the development of single-family homes. ISSUE PRESENTED Does the Act preclude you from participating in City Council's discussion of, and vote on, Princess Anne Properties, Inc.'s application for a Conditional Use Permit? DISCUSSION/CONCLUSION The State and Local Government Conflict of Interests Act is set forth in S 2.2-3100 et seq. of the Code of Virginia (1950), as amended. The primary focus ofthe Act is on the personal interests of an officer or employee of state or local government in the transactions of, and contracts with, the governmental or advisory agency of which he or she is a member. Based on the definitions set forth in the Act, you have a "personal interest"l in Resource Bank. You therefore would have a "personal interest in a transaction" if it is reasonably foreseeable that Resource Bank may receive a direct or indirect benefit or detriment as a result of City Council's consideration of the Conditional Use Permit application.2 Bishard Development Corporation's line of credit with Resource Bank is restricted to the development of single- family houses. Because the line of credit may not be used for other proj ects, such as the proposed car wash, it is not reasonably foreseeable that Resource Bank will realize a l"'Personal interest' means a financial benefit or liability accruing to an officer or employee or a member of his immediate family. Such interest shall exist by reason of (i) ownership in a business if the ownership interest exceeds three percent of the total equity of the business; (ii) annual income that exceeds, or may reasonably be anticipated to exceed, $10,000 from ownership in real or personal property or a business; (iii) salary, other compensation, fringe benefits, or benefits from the use of property or any combination thereof, paid or provided by a business that exceeds, or may reasonably be anticipated to exceed, $10,000 annually; (iv) ownership of real or personal property if the interest exceeds $10,000 in value and excluding ownership in a business, income, or salary, other compensation, fringe benefits or benefits from the use of property; or (v) personal liability incurred or assumed on behalf of a business if the liability exceeds three percent of the asset value of the business." Va. Code S 2.2-3101. 2 '" Personal interest in a transaction' means a personal interest of an officer or employee in any matter considered by his agency. Such personal interest exists when an officer or employee or a member of his immediate family has a personal interest in property or a business or a governmental agency, or represents or provides services to any individual or business and such property, business, or represented or served individual or business (i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit or detriment as a result of the action of the agency considering the transaction." Va. Code S 2.2-3101. Vice-Mayor Jones 3 November 8, 2005 direct or indirect benefit or detriment as a result of City Council's consideration of the Conditional Use Permit application.3 Accordingly, the Act places no restriction upon your ability to participate in City Council's discussion of, and vote on, the application. As a final note, the Conflict of Interests Act deals with the types of influences upon a public officer's judgment which are clearly improper. The law does not, however, protect against all appearances of improper influence. In that respect, the Act places the burden on the individual officer to evaluate whether the facts presented create an appearance of impropriety which is unacceptable or which could affect the confidence of the public in the officer's ability to be impartial. Please contact me should you desire any additional information. Very truly yours, Leslie L. Lille City Attorney cx~ ~" LLL/RRI 3 In circumstances where the effect of a transaction is speculative, remote, or contingent on factors beyond the officer's control, it is not reasonably foreseeable that the officer's personal interests, or those of his employer, will benefit or suffer as a result of the pending transaction. Additionally, the test of reasonable foreseeability is to be applied at the time of the transaction. West v. Jones, 228 Va. 409, 415 (1984); 1986-87 Report of the Attorney General 11. - 43- Item V-K.5 PLANNING ITEM # 54612 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND Section 902 of the City Zoning Ordinance (CZO) re minimum lot width in the B-3A Pembroke Central Business Core District re the Performing Arts Center development 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None November 8, 2005 1 AN ORDINANCE TO AMEND SECTION 902 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO MINIMUM LOT 3 WIDTH IN THE B-3A PEMBROKE CENTRAL BUSINESS 4 CORE DISTRICT 5 6 SECTIONS AMENDED: CZO 9 902 7 8 WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That Section 902 of the City Zoning Ordinance is hereby 14 amended and reordained, to read as follows: 15 ARTICLE 8. BUSINESS DISTRICTS 16 Sec. 902. Dimensional requirements. 17 18 B-3A B-4C (3) Minimum lot area in square feet: Minimum lot width in feet:* Minimum setback from a street in feet Maximum setback from a street in feet. There shall be no maximum setback 10,000 10,000 19 (1) 20 (2) -l-G-G- 6 5 1 0 0 21 o 0 22 (4 ) 10 10 23 24 from a street for structures where 25 the total floor area consists of 26 residential use. 27 1 28 *Where applicable, newly created corner lots must also adhere 29 to section 4.4(c) of the Subdivision Ordinance, requiring 30 additional lot width on certain owner corner lots. 31 32 33 Adopted by the City Council of the City of Virginia Beach, 34 Virginia, on this 8th day of November, 2005. 2 - 44- Item V-L.l. APPOINTMENTS ITEM # 54613 BY CONSENSUS, City Council RESCHEDULED: BEACHES AND WATERWAYS COMMISSION GOVERNANCE COMMITTEE FOR HISTORIC SITES HISTORICAL REVIEW BOARD INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD (ALTERNATES) WETLANDS BOARD (ALTERNATES) November 8, 2005 - 45 - Item V-o. ADJOURNMENT ITEM # 54614 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:14 P.M. ~ " /J~?V~ ~~--~~----------- Beverly 0. Hooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 8, 2005