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Home My WebLink AboutJANUARY 24, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL Kempsville - District 2 ROBM/I'M. DYER, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Prmcess Anne - District 7 PliT/ilI W SCHMlDT; AI-I.arge RON A. VILLANUEVA, AI-I.arge ROSEMARY WILSON, AI-Large JAMh'S L. WOOD, Lynnhaven -DistricI 5 CITY MANAGER - JAME~ K. SPORE CITY ATTORNEY - LESLIE L. LILLEY City CLERK - RUTH HODGES SMITH. MMC CITY COUNCIL AGENDA 24 JANUARY 2006 1. CITY MANAGER'S BRIEFING - Conference Room - A. 1-264 IMPROVEMENT Horace A. Welch, Transportation Engineer, Sr. Virginia Department of Transportation (VDOT) B. COMPENSATION PLAN Susan Walston, Chief of Staff II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED 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 1:30 PM 4:00PM I I 'I V. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend D. P. Staton Police Chaplain 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 January 10,2006 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA 1. RESOLUTIONS/ORDINANCES 1. Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re permits for the selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor Meyera E. Oberndorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson). 2. Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501,901 and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts in the CLEAR ZONE. 3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments 4. Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an extension to the Request for Formal Renewal Proposal to February 28,2006 re cable franchise. 5. Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney. 6. Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the existing Presidential Boulevard Pump Station (#517). 7. Ordinance to AUTHORIZE the City Manager to lease property at 4797 East Indian River Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request for Proposal (RFP) for the long-term operation, management and renovation of the golf course. 8. Ordinance to ACCEPT and APPROPRIATE $390,399 from the U.S. Department ofJustice to the FY 2005-2006 operating budget to provide equipment and training for City Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of mass destruction events. 9. Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006 operating budget: a. APPROPRIATE $360,682 from the Home Program Income to fund non-profit organizations' housing rehabilitation projects to create affordable rental housing or very low-income homeless families, assist additional households to become first-time homeowners and assist current homeowners with reconstruction of their housing b. APPROPRIATE $354,225 from the HUD Community Development Block Grant (CDBG) program income and TRANSFER federal funds of $616,435 to assist homeowners with repairs, provide additional housing for homeless families and individuals and fund various operational improvements. c. ACCEPT and APPROPRIATE $297,565 in U.S. Department of Housing and Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund rental subsidies for qualifying residents at Morgan Terrace and Ebbetts Plaza Apartments J. PLANNING 1. Application of BULLFROGS and BUTTERFLIES for a Conditional Use Permit re child care education center at 2844 North Landing Road (DISTRICT 7 - PRINCESS ANNE) RECOMMENDATION: APPROVAL 2. Application of LISA BARLOW for a Conditional Use Permit re a home occupation (animal rehabilitator) at 948 Morgan Trail (DISTRICT 2 - KEMPSVILLE) RECOMMENDATION: APPROV AL 3. Application of PAMELA J. JOHNSON for a Conditional Use Permit re a home occupation (daycare) at 3005 Redbud Court (DISTRICT 3 - ROSE HALL) RECOMMENDATION: APPROV AL 4. City Zoning Ordinances (CZO) re Historic Kempsville Master Plan: a. ADD Article 20, Sections 2000 through 2004, establishing the Overlay District, boundaries, use regulations and dimensional, density, landscape and buffering requirements b. AMEND and REORDAIN Section 102, re the establishment of districts and official zoning maps c. AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations, sign regulations, and off-street parking regulations for the B-4K Mixed Use District d. AMEND the Official Zoning Map by the designation and incorporation of the Overlay District e. AMEND the Comprehensive Plan to incorporate the Master Plan RECOMMENDATION: APPROV AL L. APPOINTMENTS BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA PERSONNEL BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION 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: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** Agenda O1!24/20061gw www.vbgov.~om MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 24 January 2006 Vice Mayor Louis R. Jones called to order the CITY MANAGER'S BRIEFING re 1-264 Improvement in the Council Conference Room, City Hall, on Tuesday, January 24,2006, at 1:30 PM. Council Members Present: Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Hospitalized recovering from surgery) Robert M. Dyer [Entered: 2:00 PM.] Jim Reeve [Out of City) II - 2- C IT Y MANA G E R 'S B R IE FIN G 1-264 IMPROVEMENT 1 :30 P.M. ITEM # 54799 The City Manager introduced Horace A. Welch, Senior Transportation Engineer - Virginia Department of Transportation (VDOT) and William Cashman, Principal Transportation Planner - URS, Inc. The City has been preparing an analysis of and the improvements necessary for the Interstate 264 Corridor. Mr. Welch advised re thefour (4) interchanges along 1-264: (1-264-64, WitchduckRoad, Rosemont Road and Lynnhaven Interchanges), VDOT advertised these proposed improvements and is in the process of awarding the design contract. Federal Highways recommended an Interstate 264 Corridor Study be conducted to review the needs of additional lanes with the design year 2021. In 2003, URS was contracted as the Consultant for the Interstate 264 Corridor Study. At the same time, the Virginia Department of Transportation, Hampton Roads Planning District Commission and the localities were in the process of updating the 2021 Plan to 2026. Due to financial constraints, three (3) of these Interchanges were removed from the Plan. The 1-64/264 Interchange remained. Mr. Cashman detailed the Interstate 264 Corridor Study, Project No. 0264-122-F08, PE-106. . A 4-lane divided tollway was opened in 1967 as State Route 44. In the 1980's, widening activities ensued and the First Colonial Interchange was added. In the 1990's, the road was ultimately widened to eight (8) lanes. HOVs were added, removed and re-added with the use of the shoulders. The tolls were removed in 1995 and incorporated into 1- 2 64 in 1999. As part of this incorporation. there was an agreement between the Virginia Department of Transportation and the Federal Highway Administration that there would be improvements to interchanges and construction would bring the existing facility into compliance with current design standards. The present lane widths on the majority of 1-264 in the Independence Boulevard area and west are eleven (11) feet wide, while the minimum width is twelve (12) feet. The shoulders are not standard. 1-264 Corridor Study Purposes Improvements for mainline freeway Improvements to five (5) Interchanges Likely impacts and design exceptions The study consisted of conceptual design (no field survey). Planning costs estimates (which are preliminary and will change as each of the projects and improvements advance toward design) were utilized where building and properties were identified. There were no appraisals or detail as associated with a definite project. Sketch planning of impacts utilized existing mapping and preliminary alternative development. Organization Virginia Department of Transportation (VDOT) - prime Contractor Study Management Team Federal Highway Administration City of Virginia Beach Staff Hampton Roads Planning District Commission City of Norfolk Staff January 24, 2006 - 3 - C IT Y MANA G E R 'S B R IE FIN G 1-264 IMPROVEMENT ITEM # 54799 (Continued) Content Documented existing conditions Develop Year 2030 volumes and deficiencies Developed and evaluated improvement alternatives Identified recommendations Relative Level of Services is different on afreewayand intersection. The level of service onfreeways relates to speed and is afunction of density (number of vehicles per mile, per existing lanes). The more vehicles, the more dense and the lower the level of service (los) . LOS A: Free Flow Operations LOS B: Reasonably Free-Flow LOS C: Stable Operations LOS D: Borderline Unstable LOS E: Extremely unstable LOS F: Breakdown Existing Deficiencies: Interchanges Ramp Newtown Road Westbound off Ramp (A.M. peak) Witchduck Road Westbound Off Ramp (A.M. peak) Witchduck Road Westbound On Ramp (A.M. & P.M. peak) Independence Boulevard Eastbound Off Ramp (P.M. peak) Independence Boulevard Westbound Off Ramp (A.M. peak) Independence Boulevard Westbound On Ramp (A.M. peak) Local Street Merge Witchduck Road Eastbound off Ramp (P.M. peak hour) Independence Boulevard Eastbound Off Ramp (P.M. peak hour) Lynnhaven Parkway Eastbound off Ramp (A.M. & P.M. peak hours) One of the problems with urban highways is WEA VE movements. These are short areas with heavy volumes creating conflicting movements (a "loop" on-ramp is immediately followed by an exiting "loop" ramp) Weave Westbound 1-64 to Eastbound 1-264 Newtown Off Ramp (A.M. and P.M. peak hour) West Bound 1-264 to Newtown On-Ramp to Westbound 1-264 (A.M. and peak hour) Eastbound 1-264 Collector-Distributor at Newtown (A.M. and P.M. peak hour) Eastbound 1-264 Weave at Witchduck (P.M. peak hour) Westbound 1-264 Weave at Independence (A.M. peak hour) Eastbound 1-264 Weave at Independence (A.M. and P.M. peak hour) Westbound 1-264 Weave at Lynnhaven Parkway (A.M. peak hour) January 24, 2006 - 4 - CITY MANA GER 'S BRIEFING 1-264 IMPROVEMENT ITEM # 54799 (Continued) The Hampton Roads Planning District Commission evaluated one hundred fifty-one (I 51) Interstate Freewav se~ments, examinin~ crash frequencv and severitv of those sef!ments. Crash Severity Overall 1-264 Segment - Overall Interstate Rank Eastbound Westbound 1-64 and Newtown Road 36 18 Newtown and Witch duck Roads 14 54 Witchduck Road and 28 63 Independence Boulevard Independence Boulevard & 77 99 Rosemont Road Rosemont Road and L ynnhaven 22 139 Parkway Lynnhaven Parkway and Laskin 92 90 Laskin Road and First Colonial 125 135 Two (2) improvement alternatives were developed: Level of Service C: This included improvements that when implemented would produce a forecasted year Level of Service C for all the interchange roadway segments, ramps and weaves. It would also meet Federal Highway design guidelines. Reduced Impact: Capacity of Level of Service D or better and identified design exceptions to reduce impacts If there are no improvements on 1-264 from Independence to the west (I/4-Million vehicles - Newtown Road area), which is the busiest freeway outside of Northern Virginia, all of the levels of service in the peak direction will be at Level of Service F and there is deterioration to a Level of Service E on the east side of Independence in the A.M. Evaluation Criteria Capacity - LOS C or better Weave Removal Local Street Ramp Spillback Safety Cost: cost for improving an interchange area includes the cost of widening the mainline freeway lanes through the Interchange area Right-ol-Way Impacts Environmental Impacts: Wetlands, Section 4(j) properties, and historic resources Interstate to Interstate Access: two (2) lanes for each connection between 1-64 and 1-264 Lane Balancing and Lane Continuity Consistency with Local Plans Ability to Sign: Design is consistent with sign regulations January 24,2006 - 5 - C IT Y MANA G E R 'S B R IE FIN G 1-264 IMPROVEMENT ITEM # 54799 (Continued) Mr. Cashman illustrated improvements to the 1-64/264 Interchanges and segments. The Federal Highway Administration design guidelines wish ramp speeds to be high, thus no major change in speed on the main interstate. The Federal Highway Administration (FHA) prefers a minimum of 35 miles per hour ramp speeds. The higher the speed, the wider the radius. Mr. Cashman advised for the improvements to be adequate, Newtown Road needs to be a 6-lane facility. This is the one point, not consistent with local plans. Freeway Pavement Width Segment Existing LOSC Reduced Impact 1-64 - Newtown 200 308 296 Newtown- Witchduck 200 264 264 Witchduck - Independence 156 252 228 Independence - Rosemont 156 204 204 Rosemont - Lynnhaven 130 130 130 Lynnhaven - Great Neck 130 130 130 Summary of Costs (2005 $'s) Interchange or Segment LOSC Reduced Impact Newtown Road $ 541,903,000 $ 319,345,000 Newtown - Witchduck $ 60,709,000 $ 60,709,000 Witchduck Road $ 261,829,000 $ 207,832,000 Witchduck - Independence $ 4,925,000 $ 4,588,000 Independence Boulevard $ 306,957,000 $ 182,600,000 Independence - Rosemont $ 110,639,000 $ 60,278,000 Rosemont Road $ 174,797,000 $ 125,585,000 Lynnhaven Parkway and Greta Neck Road $ 55,492,000 $ 55,492,000 TOTAL $1,517,251,000 $1,016,429,000 Mr. Cashman advised the impact is very serious between 1-64 and Independence Boulevard interchanges. Once adopted, the plan for improvements to the 1-264 freeway lanes will serve as a guide in the design of improvements to the Interstate. Mr. Welch advised the Federal Highway Administration has informed the Study Management Team the City Council could not proceed with any alternatives that included removing the HOV lanes along 1-264. Usage has not improved on the HOV's and there have been many accidents due to the "weaving in and out" of traffic. The City Manager referenced consideration of a toll feasibility study as being a realist method to fund some of these projects. January 24,2006 - 6- CITY MANA GER 'S BRIEFING COMPENSATION PLAN 2:20 P.M. ITEM # 54800 Susan Walston, Chief of Staff, advised December 13, 2005, City Council was provided a policy report and a briefing on Public Safety Compensation. Based on the City Council's discussion and directive during the December meeting, the proposed 1 O-Step Pay System and the Police Supervisors' Association Pay Proposal have been combined as a new alternative and are included in this supplemental report. The Current System Enhanced, Police Supervisors' Association Pay Proposal and the Current System have been further refined. Mrs. Walston advised members of the Steering Committee in attendance are City Manager James K. Spore, Chief of StafJ - Susan Walston, Chief Operating Officer Charles Meyer, Fagan Stackhouse, Director of Human Resources, Fire Chief Gregory Cade, Chief Bruce Edwards - Emergency Medical Services, Catheryn Whitesell- Director, Management Services and Gwen Cowart, Chief of Communications and Technology (E- 911 center) and Reginia Hilliard - Staffing and Compensation Service Manager - Human Resources. Police Chief A.M. Jacocks (due to a death in thefamily) and Charles Meyer, Chief Operating Officer (out of the City), were unable to attend. Since December, the Steering Committee has met with the City Council Liaisons, Council Members Diezel. and Wood. The options have been refined to address the issues of recruitment, retention, compression (horizontal and vertical), structure and market adjustments. The City's overall stafJ turnover average has been 4.2. The average for Public Safety is 5.2, with pockets of concern. The E-911 turnover rate is approaching 14%. CURRENT SYSTEM ENHANCED Continues open pay range Features apply to all eligible employees Provides actual increases to pay ranges and salaries Addresses horizontal compression Addresses vertical compression over a three-year period Cost: $12.41-MILLION Advantages: Fully addresses horizontal compression Provides a plan andformula for addressing vertical compression at a moderate cost Provides general increases to prevent future horizontal compression and to reflect as much as possible increases in cost-of-living Provides market increases based on market data (that is shared with all employees) Provides merit increases that are based on afJordability Addresses concerns of public safety employees and all other City employees Alternative is compatible with the current Human Resources/payroll system Gives maximum flexibility to City Council in order to balance priorities Does not "guarantee' increases in salary Reflects competitive changes in the relative position of jobs in the economy Allows the City to put more resources to jobs in higher demand and save dollars overall. January 24, 2006 - 7 - CITY MANA GER 'S BRIEFING COMPENSATION PLAN ITEM # 54800 (Continued) CURRENT SYSTEM ENHANCED Continued Disadvantages: Alternative does not offer predictability from minimum to maximum of pay range Does not 'guarantee" pay increases (employee perspective) Offering general increases and market pay increases may require lowering merits and other components of total compensation in order to be affordable, fair to taxpayers and consistent with private sector raises COMBINED 1 O-STEP PAY SYSTEM WITH POLICE SUPERVISORS' ASSOCIATION PAY PROPOSAL Provides a step system for public safety positions Uses current pay range maximums Places employees in public safety on pay step Uses Current System Enhanced for other positions Cost: $I8.08-MILLION Advantages: Provides general increases to prevent future horizontal compression and to support as much as possible increases in the cost-of-living Provides market increases that are competitive Reflects competitive changes in the relative position of jobs in the economy Allows the City to put more resources to jobs in higher demand and save dollars overall Disadvantages: Alternative is not compatible with the current Human Resources/Payroll system Depending on the amount of non-public safety employee merit amount, uniform public safety employees may receive a larger merit (step) increase Offering general increases and market increases may require lowering merits and other components of total compensation Creates different systems for public safety and remainder of workforce January 24, 2006 -8- C IT Y MANA G E R 'S B R IE FIN G COMPENSATION PLAN ITEM # 54800 (Continued) POLICE SUPERVISORS' ASSOCIATION PAY PROPOSAL Provides step system for public safety employees with placement on step based on years of service Expands pay range maximums for public safety positions Provides vertical compression adjustments in the first two years with placement on a step the third year for public safety Uses Current System Enhanced for other positions Cost: $ 16.55-MILLION Advantages: Provides general increases to prevent future horizontal compression and to support as much as possible increases in the cost-of-living Provides market increases that are competitive Reflects competitive changes in the relative position of jobs in the economy Allows the City to put more resources to jobs in higher demand and save dollars overall Disadvantages: Alternative is not compatible with the current Human Resources/Payroll system Depending on the amount of non-public safety employee merit amount, public safety employees may receive a larger merit (step) increase Offering general increases and market increases may require lowering merits and other components of total compensation A large number of public safety employees will immediately progress to the top of their pay range. All deputy police chiefs, police captains, fire district officers, battalion officers; almost all police lieutenants; most fire captains and police sergeants; and a large percentage of master police officers and master firefighters would be topped out. Creates different systems for public safety and remainder of workforce Mrs. Walston advised on Monday, January 25, 2006, the Steering Committee met with members of the Employee Input Group. The Public Safety Employee representatives were concerned relative this option being titled: Police Supervisors' Association Pay Proposal. The Public Safety representatives advised their plan was to address compression issues within public safety not all City emplovees. The cost was $13- MILLION, with the agreement of phased in ($4.3-MILLIONfirst two (2) years with remainder the third year). The step system would be implemented the third year with the new Human Resources/Payroll system. The representatives were also concerned the cost for the remainder of the work force was included in the Steering Committee's proposal. January 24, 2006 -9- C IT Y MANA G E R 'S B R IE FIN G COMPENSATION PLAN ITEM # 54800 (Continued) CURRENT SYSTEM Continues open pay range plan Provides structure and market increases to City's pay plans (a merit increase of 4.5%). Cost: $ 10.25-MILLION Advantages: System consistently applies to all employees Provides merit increases that are based on affordability Reflects competitive changes in the relative position of jobs in the economy Allows more resources to jobs in higher demand and save dollars overall Alternative is compatible with the current Human Resources/payroll system Disadvantages: Providing structure and market increases without commensurate base pay increases will result in further salary compression Alternative does not offer predictability from minimum to maximum Alternative does not have a component to address vertical compression, only horizontal compression Anticipated compensation increases for FY 2006/07 Cost Amount Real Estate Tax Rate Impact Virginia Retirement System $ 6.4-MILLION 2.91f (Pension) Life Insurance $ 3.7-MILLION 1.68f Health Insurance $ 2.3-MILLION 1.05f TOTAL $12.4-MILLION 5.64f The total compensation costfor FY 2005-2006 is $378,083,021 (61% of the Budget) January 24,2006 - 10- C IT Y MANA G E R 'S B R IE FIN G COMPENSATION PLAN ITEM # 54800 (Continued) Alternative (options) Cost Implications Cost Current System Combined IO-Step Police Supervisors' Current System Enhanced Pay System with Association Pay Police Supervisors' Proposal Association Proposal Year 1 $I2.4I-MILLION $I8.08-MILLION $ I6.55-MILLION $IO.25-MILLION FY 2006/07 Real Estate Tax 5.64 cents 8.22 cents 7.52 cents 4.66 cents Rate impact Year 2 $ 19. 66-MILLION $ 25. 74-MILLION $ 24.2I-MILLION $IO.25-MILLION FY 2007/08 Real Estate Tax 8.94 cents 11.70 cents 11.00 cents 4.66 cents Rate impact Year 3 $ II.89-MILLION $ II.89-MILLION $I6.3I-MILLION $IO.25-MILLION FY 2008/09 Real Estate Tax 5.40 cents 5.40 cents 7.41 cents 4.66 cents Rate impact Mrs. Walston referenced the Current System Enhanced is the recommended plan. The Current System does not address vertical compression; therefore, part of the Current System Enhanced cost is the additional $5.2-MILLION to address first vertical compression in public safety and then throughout the work force. A portion of the cost relates to increases in salaries based on adjustments to the pay ranges. Fagan Stackhouse, Director of Human Resources, advised the total proposal relative the Police Supervisors' Plan was initially to address vertical and horizontal compression. The $13-MILLION total for this plan did not include any general, merit or market increases. Councilman Wood wished the information provided concern onlv the public safety employees. Councilman Wood requested a review of the turnover rates, the retirement factor, deaths and the number of individuals involved (i. e. a 13.64% turnover in laborers and the difficulty in replacing versus a 5.2% turnover in Police and 13. 7% in E-911). One of the best sources of public safety recruitment is satisfied individuals within the organization. Councilman Wood expressed concern re some individuals earning less than those just employed. Councilman Diezel advised a cost of living is not presented unless it is "across the board" to all employees. Council Members Diezel and Wood will make a recommendation which will probably be at odds to the City staff recommendation in a number of areas. The City Council members are held accountable for decisions and he is concerned relative staff remarks concerning 'fairness to the taxpayer ". Councilman Diezel has requested future market surveys be restricted to the Hampton Roads area with a caveat that every year, with the budget submittal, the entry level salaries of comparable public safety positions be provided to City Council. Councilman Diezel will prepare a report relative his recommendations. The City Manager advised the E-911 is the high turnover area which presents concern. January 24, 2006 - 11 - C IT Y MANA G E R 'S B R IE FIN G COMPENSATION PLAN ITEM # 54800 (Continued) Mrs Walston advised in addition to the issue of public safety, there are recruitment issues being addressed concerning engineering clinical positions. The City Manager advised in some types of positions, the City has been hiring above the minimum range in order to recruit the personnel. Councilman Maddox referenced his attendance at Civic League meetings and the citizen's concerns relative the sufficient number of police officers to provide safety. The citizens are willing to increase the real estate taxes for needed public services. There is a national crises in public safety. Councilman Maddox requested the compensation plan information be provided onlv for public safety personnel. Kenneth Pravetz, President - Virginia Beach Professional Fire Fighters, advised the proposal specific to the market adjustments ($8-MILLION) was discussed relative splitting over three (3) years so the market impact would not be as significant. Vice Mayor Jones expressed concern relative the length of time (January 2008) required to replace the antiquated Human Resources Payroll system. Gwen Cowart, Director - Communications and Information Technology, advised the payroll system was written in-house in 1989. Some of the options suggested were to move to a step program. The previous step program ended in 1996. A separate Payroll project for the City was scheduled for City Council 2001. Funding was not available and this project was placed in the Capital Improvement Program for 2010. Last year, the City Council approved funding this project. This system is an I8-month project to install the core Human Resources Payroll, which is necessary to meet planned adjustments. The project for installation of other components would involve a longer length of time. January 24, 2006 - 12- CITY COUNCIL COMMENTS 3:16P.M. ITEM # 54801 Councilman Schmidt referenced the City Council's adoption of the Ordinances re the Base Realignment and Closure Commission (BRAC) Compliance Plan (December 20, 2005) and the financial feasibility of establishing a Tax Increment Financing (TIF) district for the Resort. The City Manager advised a TIF District has been discussed with hypothetical modeling of the boundaries of a proposed District, which has been shared with the Resort Advisory Commission (RAC) and the Hotel/Motel Association. However, the City staff has not proceeded further with establishing a TIF. Councilman Schmidt requested a Briefing to City Council to determine if a TIF would be an appropriate vehicle. January 24,2006 - 13- AGENDA RE VIE W SESSION 3:27 P.M. ITEM # 54802 I1. Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re permits for the selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor Meyera E. Oberndorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson). Deputy City Attorney William Macali referenced a typographical error in the Resolution on Line 12 and distributed a copy of the corrected Resolution. IJOtl5e BiN llo. 87 should be House Bill No. 665 Council Lady McClanan advised writing individual letters to the members of the City's General Assembly delegation would certainly show stronger support. ITEM # 54803 BY CONSENSUS, these items shall compose the CONSENT AGENDA: I2. Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501, 901 and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts in the CLEAR ZONE. I3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments I4. Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an extension to the Request for Formal Renewal Proposal to February 28, 2006 re cable franchise. I5. Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney. L6. Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the existing Presidential Boulevard Pump Station (#517). January 24, 2006 -14 - AGE N DA REV IE W S E S S ION ITEM # 54803 (Continued) 1. 7. Ordinance to A UTHORIZE the City Manager to lease property at 4797 East Indian River Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request for Proposal (RFP) for the long-term operation, management and renovation of the golf course. 1.8. Ordinance to ACCEPT and APPROPRIATE $390,399 from the Us. Department of Justice to the FY 2005-2006 operating budget to provide equipment and training for City Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of mass destruction events. 1.9. Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006 operating budget: a. APPROPRIATE $360,682 from the Home Program Income to fund non-profit organizations' housing rehabilitation projects to create affordable rental housing or very low-income homeless families, assist additional households to become first-time homeowners and assist current homeowners with reconstruction of their housing (Burton Station) b. APPROPRIATE $354,225 from the HUD Community Development Block Grant (CDBG) program income and TRANSFER federal funds of $616,435 to assist homeowners with repairs, provide additional housingfor homeless families and individuals and fund various operational improvements. c. ACCEPT and APPROPRIATE $297,565 in US. Department of Housing and Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund rental subsidies for qualifYing residents at Morgan Terrace and Ebbetts Plaza Apartments January 24, 2006 - 15 - AGENDA RE VIE W SESSION ITEM # 54804 1.2. Application of LISA BARLOW for a Conditional Use Permit re a home occupation (animal rehabilitator) at 948 Morgan Trail (DISTRICT 2 - KEMPSVILLE) This item shall be discussed during Formal Session ITEM # 54805 1.4. City Zoning Ordinance (CZO) re Historic Kempsville Master Plan: a. ADD Article 20, Sections 2000 through 2004, establishing the Overlay District, boundaries, use regulations and dimensional, density, landscape and buffering requirements b. AMEND and REORDAIN Section 102, re the establishment of districts and official zoning maps c. AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations, sign regulations, and off- street parking regulations for the B-4K Mixed Use District d. AMEND the Official Zoning Map by the designation and incorporation of the Overlay District e. AMEND the Comprehensive Plan to incorporate the Master Plan This item has speakers registered for the Formal Session. Council Lady McClanan shall ABSTAIN on this item (Historic Kempsville Master Plan) as she and her husband are major property owners in this area. Council Lady McClanan has not participated in any discussions relative this matter. ITEM # 54806 BY CONSENSUS, these items shall compose the PLANNING BY CONSENT AGENDA: PLANNING 1.1. Application of BULLFROGS and BUTTERFLIES for a Conditional Use Permit re child care education center at 2844 North Landing Road (DISTRICT 7 - PRINCESS ANNE) 1.3. Application of PAMELA J. JOHNSONfora Conditional Use Permit re a home occupation (daycare) at 3005 Redbud Court (DISTRICT 3 - ROSE HALL) January 24, 2006 - 16- ITEM # 54807 Vice Mayor Louis R. Jones 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 Community Medical Advisory Commission Francis Land House Board of Governors Governance Committee for Historic Sites Hampton Roads Economic Development Alliance Health Services Advisory Board Investment Partnership Advisory Committee- PPEA Personnel Board Resort Advisory Commission Transportation District Commission of Hampton Roads Virginia Beach Community Development Corporation (VBCDC) PROSPECTIVE BUSINESS OR INDUSTR Y: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.2-3711 (A)(5) 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). Bayside District LEGAL MA TTERS: 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). Joshua Blaine Shephred BRAC Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (3:37 P.M.). January 24, 2006 - 17- ITEM # 54807 (Continued) Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf [Recovering from surgery, hospitalized] Richard A. Maddox [Left at 3:20 P.M., still recovering from surgery] Jim Reeve [Out of City] (Closed Session: 3:37 P.M. - 5:00 P.M.) (Dinner: 5:30 P.M. - 5:50 P.M.) January 24, 2006 - 18- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 24, 2006 6:00 P.M. Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 24, 2006, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Hospitalized recovering from surgery] Richard A. Maddox [Left at 3:20 P.M., is still recovering from surgery] Jim Reeve [Out of City] INVOCATION: Reverend D.P. Staton Police Chaplain 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 andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. January 24, 2006 - 19- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54808 Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, 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: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 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 # 54807, page 16, 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. ~~" th Hodges mith, MMC City Clerk January 24, 2006 - 20- Item V- F.1. MINUTES ITEM #54809 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of January 10, 2006. Voting: 7-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Vice Mayor Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve Council Lady McClanan ABSTAINED, as she was ill and could not attend the City Council Session of January 10, 2006. January 24, 2006 - 21 - Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54810 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 24, 2006 - 22- Item V-G.1. RECOGNITION ITEM #54811 Vice Mayor Jones recognized the following Boy Scouts in attendance to fulfill requirements for their Citizenship in the Community Merit Badge Troop 443 Church of Jesus Christ of Latter-Day Saints Erik Bruning Scoutmaster Jon Zondler Assistant Scoutmaster Keagan Zondler Senior Patrol Leader Logan Fike Jacob Ankney Tyler Marlowe Josh Seymour Troop 179 St. John the Apostle Catholic Church Sean Kane Ben Jerauld Cody Kissinger Adam Tucker Jerry Kane Brad Cayo Renee Wert Lisa Jerauld Mark Cayo Leaders Vice Mayor Jones presented each with City Seal pins January 24, 2006 - 23- Item V-I. RESOLUTIONS/ORDINANCES ITEM # 54812 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 2, 3a/b, 4, 5, 6,7,8 and 9a/b/c of the CONSENT AGENDA. Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24,2006 - 24- Item V-Ll. RESOLUTIONS/ORDINANCES ITEM # 54813 The following group, representing the Virginia Beach Beautification Commission, registered in SUPPORT: Nancy Parker, 604 Goldsboro Avenue, Phone: 425-1589, was the representative speaker Demaris Yearick Pat and Betty Bridges Johnnie Miller Jeanette Willen brink Vice Mayor Jones read into the record Mayor Oberndorj's letter requesting support of this Resolution to oppose Senate Bill 87 and House Bill 665 Councilman Wood requested a listing of the members of the Transportation Committee be provided in order for the Council Members to also write individual letters. Upon motion by Council Lady Wilson, seconded by Council Lady McClanan, City Council ADOPTED: Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re permits for the selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor Meyera E. Oberndorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson). Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 1 2 3 4 5 6 7 8 9 10 11 REQUESTED BY MAYOR MEYERA E. OBERNDORF, COUNCILWOMAN REBA S. McCLANAN AND COUNCILWOMAN ROSEMARY WILSON A RESOLUTION IN OPPOSITION TO SENATE BILL NO. 87 AND HOUSE BILL NO. 665, PERTAINING TO PERMITS FOR THE SELECTIVE PRUNING OF CERTAIN VEGETATION WHEREAS, Senate Bill No. 87 and its identical counterpart, 12 House Bill No. 665, have been introduced into the 2006 General 13 Assembly Session; and 14 WHEREAS, if enacted, the aforesaid bills would allow VDOT 15 to issue permits, without the City's consent and over the City's 16 objection, for the "selective pruning" of trees and other 17 vegetation that obstructs motorists' view of billboards located 18 on any road within the City that the public uses for purposes of 19 vehicular travel; and 20 WHEREAS, VDOT's current authority to issue such permits is 21 limited to billboards that are visible from interstate highways, 22 National Highway System highways and federal-aid primary 23 highways, as the former federal-aid primary highway system 24 existed on June 1, 1991; and 25 WHEREAS, there are a significant number of billboards 26 within the City that are currently not within the jurisdiction 27 of VDOT, but that would be made subj ect to VDOT's jurisdiction 28 if the proposed legislation is enacted; and 1 29 WHEREAS, the proposed legislation was introduced in 30 reaction to VDOT's refusal to issue a selective pruning permit 31 application filed by Adams Outdoor Advertising (Adams), in which 32 Adams sought to cut down, to a height of four feet, sixty-seven 33 (67) Crepe Myrtles trees, four (4) Zelkova trees and other 34 vegetation located in the median and on the south side of 35 Virginia Beach Boulevard, on the basis that VDOT lacked the 36 authority to issue the permit because the portion of Virginia 37 Beach Boulevard on which the trees were located is not an 38 interstate highway, National Highway System highway or federal- 39 aid primary highway, as the former federal-aid primary highway 40 system existed on June 1, 1991; and 41 WHEREAS, the legislation punishes those localities, 42 including the City of Virginia Beach, that have spent money to 43 landscape their roadways, business districts, downtown areas and 44 other important locations in order to create a more attractive 45 environment for economic development and tourism; and 46 WHEREAS, the proposed legislation also provides a strong 47 disincentive for localities to landscape such areas so as to 48 improve their appearance and create attractive roadways for the 49 enjoyment of motorists and pedestrians; and 50 51 WHEREAS, the proposed bills constitute purely benefit only the special outdoor interest legislation, in that they 2 52 advertising industry to the detriment of the public interest and 53 common good; and 54 WHEREAS, the regulation of signs and billboards has been 55 traditionally considered a matter of local land use traditional 56 left to the discretion and authority of municipal and county 57 governing bodies that are elected by, and directly responsible 58 to, their citizens; and 59 WHEREAS, it is the sense of the City Council that the 60 proposed legislation represents an unwarranted and unnecessary 61 intrusion into a matter that has heretofore been within the 62 regulatory province of localities; 63 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 64 OF VIRGINIA BEACH, VIRGINIA: 65 That the City Council hereby expresses its opposition to 66 Senate Bill No. 87 and House Bill No. 665, and respectfully 67 requests the General Assembly to decline to enact either bill or 68 any similar or amended legislation of like import. 69 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 70 VIRGINIA BEACH, VIRGINIA: 71 That the City Clerk is hereby directed to transmit a 72 certified copy of this Resolution to each member of the City's 73 General Assembly delegation. 74 3 75 Adopted by the Council of the City of Virginia Beach, 76 Virginia on the 2ALh day of January , 2006. APPROVED AS TO LEGAL SUFFICIENCY: CA-9893 OID\Land Use\ordres\SB87res.doc R-2 January 18, 2006 4 - 25 - Item V-I.2. RESOLUTIONS/ORDINANCES ITEM # 54814 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501, 901 and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning Districts in the CLEAR ZONE Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 1 2 3 4 5 6 7 A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTIONS 501, 901 AND 1001 OF THE CITY ZONING ORDINANCE BY PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN THE PORTIONS OF RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONING DISTRICTS WITHIN THE CLEAR ZONE 8 WHEREAS, the public necessity, convenience, general 9 welfare and good zoning practice so require; 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 11 CITY OF VIRGINIA BEACH, VIRGINIA: 12 That the above-entitled ordinance, a copy of which is 13 hereto attached, is hereby referred to the Planning Commission 14 for its consideration and recommendation. The Planning 15 Commission is directed to consider, and make its recommendation 16 on, such ordinance at its February 8, 2006 public hearing and 17 forthwi th to transmit to the City Council its recommendation 18 thereon. 19 Adopted by the Council of the City of Virginia Beach, 20 Virginia, on the 24th day of January , 2006. CA-9885 OID\ordres\refer Clear Zoneordin.res R-1 January 9, 2006 At;;}J;;i;~~7CY: City Attorney's Office APPROVED AS TO CONTENT: . 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND SECTIONS 501, 901 AND 1001 OF THE CITY ZONING ORDINANCE BY PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN THE PORTIONS OF RESIDENTIAL, BUSINESS AND INDUSTRIAL ZONING DISTRICTS WITHIN THE CLEAR ZONE Sections Amended: CZO ~~ 501, 901 and 1001 10 WHEREAS, the public necessity, convenience, general welfare 11 and good zoning practice so require; 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 13 OF VIRGINIA BEACH: 14 That Sections 501, 901 and 1001 of the City Zoning Ordinance 15 are hereby amended and reordained, to read as follows: 16 17 Sec. 501. Use regulations [Residential Districts]. 18 19 20 21 22 (c) Special restrictions in Accident Potential Zone 1 (APZ- 23 1). No use or structure shall be permitted on any property located 24 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless 25 such use is designated as Compatible in APZ-1 or the Clear Zone, as 26 the case may be, in Table 2 ("Air Installations Compatible Use 27 Zones Land Use Compatibility in Accident Potential Zones") of 28 Section 1804; provided, however, that any use or structure not 29 designated as Compatible shall be permitted as a replacement of the 30 same use or structure if the replacement use or structure is of 31 equal or lesser density or intensity than the original use or 1 32 structure. 33 COMMENT 34 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 35 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 3 6 1804 in portions of Residential Districts within Clear Zones. The amendment, which has the same effect 3 7 in Clear Zones as the APZ-1 Ordinance adopted on December 20, 2005, allows replacement uses and 3 8 structures so long as they are of lesser or equal density or intensity as the original use or structure. 39 40 41 Sec. 901. Use Regulations [Business Districts] . 42 43 44 (a) Principal and conditional uses. The following chart lists 45 those uses permitted within the B-1 through B-4C Business 46 Districts. Those uses and structures in the respective business 47 districts shall be permitted as either principal uses indicated by 48 a "P" or as conditional uses indicated by a "C." Uses and 49 structures indicated by an "X" shall be prohibited in ,the 50 respective districts. No uses or structures other than as specified 51 shall be permitted. 52 53 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). 54 No use or structure shall be permitted on any property located 55 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless 56 such use is designated as Compatible in APZ-1 or the Clear Zone, as 57 the case may be, in Table 2 ("Air Installations Compatible Use 58 Zones Land Use Compatibility in Accident Potential Zones") of 59 Section 1804; provided, however, that any use or structure not 60 designated as Compatible shall be permitted as a replacement of the 2 61 same use or structure if the replacement use or structure is of 62 equal or lesser density or intensity than the original use or 63 structure. 64 COMMENT 65 66 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 67 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 68 1804 in portions of Business Districts within Clear Zones. The amendment, which has the same effect in 69 Clear Zones as the APZ-1 Ordinance adopted on December 20, 2005, allows replacement uses and 70 structures so long as they are of lesser or equal density or intensity as the original use or structure. 71 72 73 74 75 Sec. 1001. Use regulations [Industrial Districts]. 76 77 78 79 (c) Special restrictions in Accident Potential Zone 1 (APZ-l). 80 No use or structure shall be permitted on any property located 81 within Accident Potential Zone 1 (APZ-l) or the Clear Zone unless 82 such use is designated as Compatible in APZ-l or the Clear Zone, as 83 the case may be, in Table 2 ("Air Installations Compatible Use 84 Zones Land Use Compatibility in Accident Potential Zones") of 8 5 Section 1804; provided, however, that any use or structure not 86 designated as Compatible shall be permitted as a replacement of the 8 7 same use or structure if the replacement use or structure is of 8 8 equal or lesser density or intensity than the original use or 89 structure. 90 91 COMMENT 92 93 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air 94 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section 95 1804 in portions of Industrial Districts within Clear Zones. The amendment, which has the same effect 3 9 6 in Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and 97 structures so long as they are of lesser or equal density or intensity as the original use or structure. 98 99 100 101 102 103 Adopted by the City Council of the City of Virginia Beach, 104 Virginia, on this day of , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4) JIM ;1,&J City Attorney's Office CA-9881 OID\ordres\AICUZ\Clear Zone ordin.doc R-1 January 6, 2005 4 - 26- Item V-I.3a/b. RESOLUTIONS/ORDINANCES ITEM # 54815 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Resolutions REQUESTING the Virginia Department of Transportation (VDOT) ACCEPT: a. additional streets for urban maintenance payments b. corrections to the road inventory for urban maintenance payments Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24,2006 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN 4 MAINTENANCE PAYMENTS 5 6 7 WHEREAS, the Virginia Department of Transportation 8 requires a City Council resolution prior to accepting additional 9 streets for urban maintenance payments; 10 WHEREAS, the 13.48 (12.68 Local/Collector, .80 11 Arterial) lane miles of streets listed on Exhibit A (attached) 12 have been constructed in accordance with standards established 13 by the Virginia Department of Transportation; 14 WHEREAS, the City of Virginia Beach has accepted and 15 agreed to maintain these streets; and 16 WHEREAS, a representative from the Virginia Department 17 of Transportation has inspected and approved these streets. 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 19 CITY OF VIRGINIA BEACH, VIRGINIA: 20 That City Council hereby requests the Virginia 21 Department of Transportation to accept the streets listed on 22 Exhibit A, attached hereto and incorporated by reference, and to 23 begin paying urban maintenance payments to the City of Virginia 24 Beach based on the established rate. 25 Adopted by the Council of the City of Virginia Beach, 26 Virginia, on the 24th day of January, 2006. 27 Approved as to Content: Approved as to Legal Sufficiency: ~~ff~ {bJ~ PublJ.c Works Jamu~~(;;c City Attorney's ffice CA9891 H:\PA\GG\OrdRes\VDOT Urban Maint. RES R-2 January 13, 2006 1 2 3 4 5 6 7 A RESOLUTION REQUESTING THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO ACCEPT CORRECTIONS TO THE ROAD INVENTORY FOR URBAN MAINTENANCE PAYMENTS WHEREAS, the Virginia Department of Transportation 8 requires a City Council resolution prior to accepting 9 corrections or deletions to the revised road inventory for urban 10 maintenance payments; 11 WHEREAS, City personnel have reviewed the revised road 12 inventory prepared by the Virginia Department of Transportation 13 and have determined that some inaccuracies exist; 14 WHEREAS, corrections to the revised road inventory 15 have been made as shown on Exhibit A (attached), which will 16 result in a net increase of 4.93 (.77 Local/Collector, 4.16 17 Arterial) lane miles; and 18 WHEREAS, a representative from the Virginia Department 19 of Transportation has inspected and approved these corrections. 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 That Ci ty Council hereby requests the Virginia 23 Department of Transportation to accept the corrections listed on 24 Exhibit A, attached hereto and incorporated by reference, and to 25 begin paying urban maintenance payments to the City of Virginia 26 Beach based on the established rate. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia, on the 24th day of January, 2006. Approved as to Content: Approved as to Legal Sufficiency: P!if(;A. f1,~ Publi Works ': CA9890 H:\PA\GG\OrdRes\VDOT Urban Maint. (2) RES R-2 January 13, 2006 URBAN DIVISION Page of 11 Form U-1 (Rev. 1-1-87) VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia ADDITIONS/REPLACE DELETIONS MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL STREET NAME TERMINI PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH LINE OF MILES CLASS ROUTE NUMBER FROM TO (FEET) MILES LANES (TPD USE ONLY) B08 SUNNYSIDE DR MORGAN TR HUNTS POINTE DR 36 0.39 2 0.78 C05 BUCKINGHAM CT N WEBLlN DR CUL-DE-SAC 40 0.08 C05 BUCKINGHAM CT S WEBLlN DR CUL-DE-SAC 40 0.08 C11 GARNER LA L YM DR 30' W OF ANTONICK LA 30 0.30 C11 HEALD WY BIZZONE CI S DEAD END 60 35 1.08 -------- __m____ D05 BACKWOODS RD MEADOW GROVE TL KINDLEWOOD DR 50. 30 0.26 2 0.52 E11 ADAIR DR DARDEN DR N CUL-DE-SAC 50 0.25 2 0.50 107 FAIR LADY RD POTTERS RD N DEAD END 0.15 0.30 J05 CALYPSO LA OLD DONATION PK OLD CUTLER RD 50 30 0.38 0.76 L11 HAVILAND DR DA VINCI DR DA VINCI DR 50 30 0.71 1.42 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED j~-I1- !l. " . A. ~ --jr___l~J,06 MUNICIP~- DAT€-L SIGNED " _______________ RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY ""."._______ TPD ENGINEER DATE Form U-1 (Rev, 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 ADDITIONS/REPLACE DELETIONS URBAN MINOR ARTERIAL MUNICIPALITY CITY OF VIRGINIA BEACH STREET NAME TERMINI ROUTE NUMBER FROM TO 107 FAIR LADY RD ELON DR POTTERS RD 110 DRAKESMILE RD SHIPPS CORNER RD DAM NECK RD J10 LONDON BRIDGE RD 1.72MN INTERNATIONAL ELON DR PKWY J10 LONDON BRIDGE RD INTERNATIONAL PKWY 1.72MN INTERNATIONAL PKWY RIW PAVEMENT CENTER- NUMBER LANE FUNG. WIDTH WIDTH LINE OF MILES GLASS (FEET) (FEET) MILES LANES (TPD USE ONLY) 50 30 0.20 2 0.40 0.32 4 1.28 50 30 0.16 4 0.64 50 23 1.72 4 6.88 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED PA, f'h. Vh..()A'7f)-- //DLA-T3 (~b_ MUNICI~Ft~-- Ifr6. ~LC. SIGNED______ RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 Deletions LOCAL STREET NAME TERMINI ROUTE NUMBER FROM TO D05 BACKWOODS DR MEADOW GROVE TRL KINDLEWOOD LA D07 MORRIS AV GRAYSON RD CUL-DE-SAC L11 AZTEC CT CUL-DE-SAC MUNICIPALITY CITY OF VIRGINIA BEACH RfW WIDTH (FEET) PAVEMENT WIDTH (FEET) CENTER- LINE MILES NUMBER OF LANES LANE MILES 40. 20 0.15 0.52 50. 31 0.26 50 30 0.04 0.08 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED PiJi fir-. .~n.C'vru-r MUNICI~~;;r~lkll\.- _j~J~b DATfr-" SIGNED___ . RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY_u_ TPD ENGINEER DATE URBAN DIVISION Page of 11 Form U-1 (Rev. 1-1-87) VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia DeletionsfTo be replaced MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL STREET NAME TERMINI RJW PAVEMENT I CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS ROUTE NUMBER FROM TO (FEET) (FEET) , MILES LANES (TPD USE ONLY) B08 SUNNYSIDE DR MORGAN TR DEAD END 50 37 2 0.68 C05 BUCKINGHAM CT N WEBLlN DR WEBLlN DR 20 0.09 0.09 C11 GARNER LA 110' W OF LYM DR 30' W OF ANTONICK LA 50 0.13 2 0.26 C11 GARNER LA L YM DR 110' W OF L YM DR 50 0.02 2 0.04 C11 HEALD WY 99' N OF L YM DR (PHASE 113' S OF LYM DR 60 30 2 0.08 L1NE-PH3. SEC1) C11 HEALD WY BIZZONE CI S DEAD END 60 35 2 1.00 C11 HEALD WY PHASE LINE E DEAD END 50 30 2 0.30 C11 HEALD WY S DEAD END PHASE LINE 50 2 I 0.26 D05 BACKWOODS RD END OF CONST KINDLEWOOD DR 50 E11 ADAIR DR DARDEN DR CUL-DE-SAC 50 30 0.07 107 LONDON BRIDGE RD POTTERS RD GREAT NECK RD 107 LONDON BRIDGE RD POTTERS RD GREAT NECK RD 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED ~i6ip~.n i~Ob SIGNED RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY___ TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 DeletionsfTo be replaced LOCAL MUNICIPALITY CITY OF VIRGINIA BEACH ROUTE NUMBER FROM TO RJW PAVEMENT CENTER- NUMBER LANE FUNG. WIDTH WIDTH LINE OF MILES GLASS (FEET) (FEET) MILES LANES (TPD USE ONLY) 50 30 0.11 2 0.22 50 30 0.07 STREET NAME TERMINI J05 CALYPSO LA OLD CUTLER RD CREW CT L11 HAVILLAND DR DAVINCI DR DAVINCI DR 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED ,f;iJiJ~!diL_~A~b SIGNED_ RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY TPD ENGINEER DATE 1---- Form U-1 (Rev. 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 DeletionslTo be replaced URBAN MINOR ARTERIAL MUNICIPALITY CITY OF VIRGINIA BEACH STREET NAME TERMINI ROUTE NUMBER FROM TO 110 LONDON BRIDGE RD SHIPPS CORNER RD DAM NECK RD EXT J10 LONDON BRIDGE RD 1.72MN INTERNATIONAL POTTERS RD PKWY J10 LONDON BRIDGE RD INTERNATIONAL PKWY 1.72MN INTERNATIONAL PKWY RJW PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS (FEET) (FEET) MILES LANES (TPD USE ONLY) 0.32 4 1.28 50. 30 0.16 2 0.32 50. 23 1.72 2 3.44 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED jjNI~P~ _l~ 3 0b 1~T{k SIGNEQ_m _ n __m__m _________ RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY m _______ TPD ENGINEER DATE Form U-1 URBAN DIVISION Page of 11 (Rev. 1-1-87) VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia New Street MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL STREET NAME TERMINI RJW PAVEMENT CENTER- NUMBER LANE FUNC. WIDTH WIDTH LINE OF MILES CLASS ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (TPD USE ONLY) B08 CARDAMON DR HUNTS POINTE DR 50 30 0.16 2 B11 BARKIE CT CORBIN DR N CUL-DE-SAC 50 31 0.03 2 B11 CORBIN DR KEMPSVILLE RD BLADE CT 50 31 0.04 2 B11 KEMPSVILLE KEMPSVILLE RD CUL DE SAC 60 36'2" 0.29 2 0.58 CROSSING LN C05 ADMISSIONS CT S CUL-DE-SAC HERBERT MOORE RD 50 2 0.12 C11 ANTONICK LA L YM DR W DEAD END 60 25 2 0.02 C11 L YM DR END OF CONSTRUCTION 50 25 0.54 2 C11 SILVERIA ST S DEAD END 50 30 0.02 2 E11 FL YFISHER CT INDIAN RIVER RD CUL-DE-SAC 50 25 0.10 2 F02 LAUDERDALE A V E DEAD END 22 0.04 2 F07 BUDDING AV S BONNEY RD 30 2 F08 BROOKSIDE CT BROOKSIDE LA CUL-DE-SAC 30 2 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED. !}fj, 0 '-1/)....~~m-~43/Db MUNICIP~~K- U D,.((r SIGNED ___________ RESIDENT ENGINEER Submit to Resident Engineer in Triplicate CLASSIFIED BY__ ________ TPD ENGINEER DATE DATE ,- URBAN DIVISION Page of 11 Form U-1 (Rev. 1-1-87) VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia New Street MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL STREET NAME TERMINI RIW PAVEMENT CENTER- NUMBER LANE FUNG. WIDTH WIDTH LINE OF MILES GLASS ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (TPD USE ONLY) F11 BUCKHORN CT BUCKHORN PL CUL-DE-SAC 0.03 2 0.06 F12 BOYSENBERRY CT DEWBERRY LA (NB) W CUL-DE-SAC 50 26 0.10 2 0.20 F12 CRANBERRY CT DEWBERRY LA (NB) W CUL-DE-SAC 50 26 0.07 2 0.14 F12 DEWBERRY LA CUL-DE-SAC INDIAN RIVER RD 50 26 0.27 2 0.54 F12 SPICEBERRY CT DEWBERRY LA (NB) W CUL-DE-SAC 50 26 0.02 2 0.04 F12 TEABERRY CT DEWBERRY LA (NB) E CUL-DE-SAC 26 0.03 0.06 --- --- ---------.--- G04 MATOAKA PLACE LITTLE NECK RD E CUL-DE-SAC 40 30 0.09 0.18 H04 WATERSEDGE CT WATERSEDGE DR E CUL-DE-SAC 50 25 0.07 0.14 H13 BACH LA EINSTEIN DR HEMINGWAY RD 50' 24 0.07 2 H13 EINSTEIN DR END OF CUL-DE-SAC EINSTEIN DR 50' 24 0.92 2 H13 HEMINGWAY RD CADENCE WY EISNTEIN DR 60 44 0.03 I 2 H13 HEMINGWAY RD EINSTEIN DR 50' 24 0.14 2 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED1N~~~ ~3!ob DAtE'-- SIGNED_______ RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY_____n TPD ENGINEER DATE ---------- URBAN DIVISION Page of 11 Form U-1 (Rev, 1-1-87) VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia New Street MUNICIPALITY CITY OF VIRGINIA BEACH LOCAL STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNG. WIDTH WIDTH LINE OF MILES GLASS ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (TPD USE ONLY) H13 STEPHENSON CT EINSTEIN DR END OF CUL-DE-SAC 50' 0.03 2 0.06 H21 MANSFIELD LA BLACKWATER RD W CUL DE SAC 60 0.74 2 1.48 113 BLAKE ST EINSTEIN DR EINSTEIN DR 50' 0.12 2 0.24 113 LONGWORTH CT EINSTEIN DR END OF CUL-DE-SAC 50' 0.12 2 0.24 -------+--- 113 STEINBECK CT EINSTEIN DR END OF CUL-DE-SAC 50' 0.03 0.06 114 STONE WOOD STONEWOOD DR STONEWOOD DR 50' 0.06 0.12 CROSSING -- ------- 114 STONE WOOD DR 330' NORTH OF INDIAN DEAD END AT CUL-DE-SAC 50' 0.49 0.98 PLANTATION DR J12 CABOT CT FENWICK WY S CUL-DE-SAC 50 0.11 0.22 J12 FENWICK WY PRINCESS ANNE RD RAYBURN LN 50 0.20 2 J12 FENWICK WY RAYBURN LA E CUL-DE-SAC 50' 0.20 2 0.40 J12 KNOX CT FENWICK WAY E CUL-DE-SAC 50 0.06 2 0.12 J12 PIERCE LA S DEAD END W CUL DE SAC 50 30 0.07 2 0.14 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED .~u 111L. . - .- ;:\,. J-j--- MUNICIP~ ;J. 110,6 DA-lt'" SIGNEDu un___ RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev, 1-1-87) URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia Page of 11 New Street LOCAL STREET NAME TERMINI ROUTE NUMBER FROM TO J12 RAYBURN LA FENWICK WY PIERCE LA M12 ALBUQUERQUE DR NIMMO PK RIO RANCHO DR M12 CHAMBERINO DR S CUL-DE-SAC N CUL-DE-SAC M12 DASA LEO CT ALBUQUERQUE DR W CUL-DE-SAC M12 RIO RANCHO DR CHAMBERINO DR W CUL-DE-SAC M12 VALLE RIO WY W CUL-DE-SAC E DEAD END MUNICIPALITY CITY OF VIRGINIA BEACH RfW PAVEMENT CENTER- NUMBER LANE FUNC, WIDTH WIDTH LINE OF MILES CLASS (FEET) (FEET) MILES LANES (TPD USE ONLY) 50 30 0.08 2 0.16 50 30 0.17 2 0.34 50 30 0.18 2 0.36 50 30 0.06 2 0.12 50 30 0.16 2 0.32 50 30 0.13 2 0.261 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNED PIlL_~""" .r>. {)~;jt MUNICIP~... ;j~Io~ DA ~-L- SIGNED RESIDENT ENGINEER DATE Submit to Resident Engineer in Triplicate CLASSIFIED BY TPD ENGINEER DATE Form U-1 (Rev. 1-1-87) New Street URBAN MINOR ARTERIAL STREET NAME ROUTE NUMBER FROM 107 LONDON BRIDGE RD ELON DR 'COUNCIL RESOLUTION AND MAP ATTACHED SIGNEDE/i fL 'I./J..^~p MUNICIP~~d:t' '^'. Submit to Resident Engineer in Triplicate URBAN DIVISION VDOT REQUEST FOR STREET ADDITIONS OR DELETIONS FOR MUNICIPAL ASSISTANCE PAYMENTS Section 33.1-41.1 Code of Virginia TERMINI R/W WIDTH (FEET) TO POTTERS RD ;/,3106 ~~ Page of 11 MUNICIPALITY CITY OF VIRGINIA BEACH PAVEMENT WIDTH (FEET) CENTER- LINE MILES 0.20 SIGNED RESIDENT ENGINEER NUMBER OF LANES CLASSIFIED BYn n _ u'm TPD ENGINEER LANE MILES 4 DATE DATE FUNC, CLASS (TPD USE ONLY) 0.80 g IJ.J 9 J.;.; Ii Q:' Cl Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (Local) 89 N A -g ~ ~ ~ (/l ~ ~ ~ ~ '1 Add/Replace Streets (Urban Minor Arterial) Add/Replace Streets (Local) ..,...--- ~ I;;/-~~ _...,.,_o~f.:-~"::-:':::.,::\ c} 1/ "-.:~- ~- \, ~ () , ( ~,_.::.::::""' ":\ ~~ ol-~/' ,,~~ \~ I'..~'f' '21" ~ )) .Jr ...."f'- '/ (':----.., .,/ I ~ ~- I' ,-' "'-..' --'--- / P l. 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RESOLUTIONS/ORDINANCES ITEM # 54816 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an extension to the Requestfor Formal Renewal Proposal to February 28, 2006 re cable franchise. Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 1 2 3 4 5 6 A RESOLUTION GRANTING COX COMMUNICATIONS OF HAMPTON ROADS, LLC AN EXTENSION TO RESPOND TO THE CITY'S REQUEST FOR FORMAL RENEWAL PROPOSAL REGARDING THE CITY'S CABLE FRANCHISE 7 WHEREAS, by resolution dated November 22, 2005, City 8 Council authorized the City Manager to issue a Request for 9 Formal Renewal Proposal to Cox Communications of Hampton Roads, 10 LLC ("Cox") regarding the City's cable franchise with Cox; and 11 WHEREAS, pursuant to the formal renewal process set forth 12 in 47 U.S.C. ~546, the City may establish a date by which Cox 13 must issue a response to the Request for Formal Renewal 14 Proposal; and 15 WHEREAS, the existing deadline for Cox to issue a response 16 is January 23, 2006; and 17 WHEREAS, Cox has requested that the said deadline be 18 extended by the City; 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH: 21 That City hereby extends the deadline for Cox to respond to 22 the City's Request for Formal Renewal Proposal to February 28, 23 2006. 24 Adopted by the City Council of Virginia Beach, Virginia on 25 this 24th day of January , 2006. APPROVED AS TO CONTENTS: ~t~ H:\PA\GG\OrdRes\Cox Amendment res R-2 January 13, 2006 C A 9 B 89 APPROVED AS TO LEGAL SUFFICIENCY: if f I~ City Attorney Off1ce - 28- Item V-I.5. RESOLUTIONS/ORDINANCES ITEM # 54817 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney. Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 1 2 A RESOLUTION APPOINTING ELIZABETH C. KALOCAY AS AN ASSISTANT CITY ATTORNEY 3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA: 5 That, pursuant to ~ 2-166 of the Code of the City of Virginia 6 Beach, Elizabeth C. Kalocay is hereby appointed as Assistant City 7 Attorney, effective February 1, 2006. 8 Adopted by the Council of the City of Virginia Beach, 9 Virginia, on the 24th day of January , 2006. APPROVED AS TO LEGAL SUFFICIENCY: ;e~ City Attorne~fice CA9892 H:\GG\Ordres\Kalocay.Appointment.Res.doc R-1 January 12, 2006 - 29- Item V-I.6. RESOLUTIONS/ORDINANCES ITEM # 54818 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the existing Presidential Boulevard Pump Station (#517). Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 2 PROPERTY IN FEE SIMPLE FOR THE 3 PRESIDENTIAL BOULEVARD PUMP STATION SITE, 4 BY AGREEMENT, FOR THE FOLLOWING SANITARY 5 SEWER PROJECT, PUMP STATION #517 6 7 6-066 Presidential Boulevard Pump Station 8 WHEREAS, in the opinion of the Council of the City of Virginia 9 Beach, Virginia, a public necessity exists for the construction of 10 this important water and sanitary sewer project to provide needed 11 improvements to the City's water and sanitary sewer systems and for 12 other public purposes including the preservation of the safety, 13 health, comfort, and convenience, and for the general welfare of 14 the people in the City of Virginia Beach: 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 1. That the City Council finds there is a public necessity 18 for this sanitary sewer project, and authorizes the acquisition by 19 agreement pursuant to Section 15.2-1800, Code of Virginia, 1950, as 20 amended, of all that certain real property in fee simple, including 21 temporary and permanent easements and rights-of-way (collectively, 22 the "Property") as may be necessary to construct the project and as 23 is shown on the plans for the project, and as is more specifically 24 described on the acquisition plat for the project (collectively, 25 the "Plans"), and the Plans are on file in the Engineering 26 Division, Department of Public Utilities, City of Virginia Beach, 27 Virginia. Such acquisition will be made only after compliance with 28 Administrative Directive 3.14 for "Public Input for Public 29 Infrastructure Projects Undertaken in the City." 30 2 . That the City Manager is hereby authorized to make or 31 cause to be made on behalf of the City of Virginia Beach, to the 32 extent that funds are available, a reasonable offer to the owners 33 or persons having an interest in the Property. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 24th day of January , 2006. ~ APPROVED AS TO LEGAL ~7fICIEN~ ~D FO.. RM ~~~~ City ttorney CA9827 F:\Data\ATY\OID\REAL ESTATE\Encroachments\PU Ordinances\Presidential Pump Station\PresidentialCA9827.v2doc.doc R-2 January 12, 2006 N.... ~ i:{ ~ ~ ~:::t~ ~;. "", ,,,,,,,ol, ~YJ ~l< =t Q;;Q;."f'" ."~ ~~ ~U~ ~~~ ~ ~~:!~ ii~~ '" it ~S~ ~ I; I~ '"' ~ ~\, .- ~~ ~~I l!l~ ~i t;: <S ~ i!! <oj ~.~ '" !~ ~ ~i3 ~~I ~ ; ;:'!; !Si t;: "" ~ " i!! Sl ~ , ~ ~ ~ u ~ '"t", ~~ ~ l::i !::: I.i I~I t;: . ~ ~ ~ ::> "!i!! Sl ij ~ l? ~ "< ;; lil ~,., ~ ~ 0: 0: gS! ~ ~ '0. ~ ~ ;;j ~'" ~~ l:! 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'-1 <:J eo: >! ~ >::: <:5 is _,8::>::> '" "i(3 .... ::::; It) V) <:J:<(~ e: C) ~ G C!i (fJ ~ t'; g ~ :S~6Cl."'~ is ~ <~~<:;~. QQ(,)~~Cl.E: Uj~ll:l (.l~~",Cl ....'-0.. ~'-' ~u;:!; ~p~i~ ;<;It ,Cl:::>~ i!:,.,>o, ~1f"'" ~Q?~'-Cl;;: ;i:!C3"Z"iili)l~ s: C) '" ,">-0 f;; It " oil' ~~ ::<Cl ~)... 1&.$:.....il;:!l5: A:~ i:::Q:j C ~ (fJ if~ ~ "u ~ ~ ~ eJ ~ ~ ct: c.. .0.: o ~~ ~~ -;;t "~ ~'t ~~ <a~ ~ ~ 0- ~~~~ ~"'~~l'! i~Oill:~~ ~I:I:S_..... ..'" '" ~ '" ~ '" I ~ is =!I ~ ~~ ~ is "';:!; ~ i i · Qj ~ ,~ I ~ i l:s >. ~ C I i I l:s ~ '" . ~ '" ~ <5 I I i Q lij ., 0~~ ~ !l; ~ " ~ ~ '" if' C) if ~ ~ L. o ~ o ~I C! o ~ I ~ ~ <> ~ ~ c:'i ;ij '" Cl ;J: ~ '" !i '" ~ i I: o ~ ~ -I ~ j ~ ~ ~ .<1 ~ it' ~ I ~ I ~ a: ~ " '" () '< ~I ~ '" c:; '" - 30- Item V-I. 7. RESOLUTIONS/ORDINANCES ITEM # 54819 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to lease property at 4797 East Indian River Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request for Proposal (RFP) for the long-term operation, management and renovation of the golf course. Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 1 AN ORDINANCE AUTHORIZING THE 2 CITY MANAGER TO LEASE CITY 3 PROPERTY LOCATED AT 4797 EAST 4 INDIAN RIVER ROAD, VIRGINIA 5 BEACH, VIRGINIA (STUMPY LAKE 6 GOLF COURSE) TO THE CITY OF 7 VIRGINIA BEACH DEVELOPMENT 8 AUTHORITY 9 10 WHEREAS, the City owns approximately 296.03 acres of II real property located at 4797 East Indian River Road, 12 Virginia Beach, Virginia, also known as Stumpy Lake Golf 13 Course and as shown on Exhibit A ("the Property"); 14 WHEREAS, the Property is currently being leased to 15 Stumpy Lake Golf Course, Incorporated for the management 16 and operation of the Property as a public golf facility, 17 which lease will expire on September 30, 2006; 18 WHEREAS, the City desires to lease the Property to the 19 Virginia Beach Development Authority for the purpose of 20 initiating a Request for Proposal (RFP) process for the 21 long-term lease, management, and renovation of the 22 Property; and 23 WHEREAS, the long-term management and renovation of 24 the Property will serve to enhance the economic interests 25 of the citizens of the City of Virginia Beach. 26 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 27 CITY OF VIRGINIA BEACH, VIRGINIA: 28 That the City Manager is hereby authorized on behalf 29 of the City of Virginia Beach to enter into a lease with 30 the Virginia Beach Development Authority for approximately 31 296.03 acres of real property located at 4797 East Indian 32 River Road, Virginia Beach, Virginia, known as Stumpy Lake 33 Golf Course in accordance with the Summary of Terms 34 attached hereto and such other terms, conditions, or 35 modifications as may be satisfactory to the City Attorney 36 and the City Manager. 37 Adopted by the Council of the City of Virginia Beach, 38 Virginia, on the 24th day of January 2006. CA-9831 H:IOIDIREAL ESTATEILEASESISTUMPY LAKEIStumpy Lake Lease Ordin.doc R-l January 3, 2006 Depar Recrea APPROVED AS TO LEGAL SUFFICIENCY: Cit --....----------.--........- - -.. Exhibit A . PIN (F) + CORNER NOT SET STUMPY lAKE LINE DATA CHART NUMBER DIRECTION DISTANCI Ll S 2 .53'38 E 30.57' L2 S 77.13'08" W 1278.42' L3 S 02.37'13" E 302.20' L4 S 74.38'45" W 3,0.72' 5 N 02.37'13" W 307'50' L6 N 77.13'08" E 1272.53' L7 N 74.38'45" E 207.91' L8 S 10.04 07" E283.31' L9 S 17.55 45" E 390.17' LID S 30~10'48"E 682.61' 11 S 30.36'37" E 1356.28' l12 S 63.41'19" E 208.17' L13 S 41.23'43" E 3~3.27' L14 S 09.34'41" E 167.5~' LIS S 53.07'00" E 128.71' L16 S 46.45'47" E 538.76' L17 S 12.09'51" W 111.95' L18 S 15.22'38" E 420.60' L19 S 04.20'17" E 482.02' L20 S 59.30'47" W 244.61' L21 N 56.25'19" W 764.09' L22 N 84.43 21" W 388.36' L23 N 73.13'24" W 582.56' L24 S 76.01'59" W 1097.39' L25 S 79.14'00" W 732.78' L26 N 49.23'10" W 768.05' L27 S 20.41.14" W 143.15' L28 N 84"03'03" W 143.56' L29 N 11.34' 12" W 756.41' L30 N 02'09'37"E 473.53' Ul N 41.05' 13" E 185.57' U2 N09.49' 16" E 540.64' L33 N 04.30'54" W 113.44' L34 N 20.32 51" E 127.13' L35 N 22.50'34" W 452.11f L36 N 13.35'13" W 747.07' L37 N 06.35'35" E 110.09' U8 N 61"51'57" E 97.83' l39 N 00.50'37" W 101.19' L40 N 74.30'33" E 456.86' L41 N 83.26'42" E 443.16' L42 N 80.05'04" E 406.17' l43 N 66.07'32" E 268.37' l44 N 52.25'38" E 44.~5' l45 S 19.11'42" E 171.79' L46 N 74.38'45" E 378.20' L47 N 74'38'45" E 616.83' l37 :::E UJ !i;", ><:0 tIl '" UJ"'- '<~ z'" B~ c.:O O' 0<; uZ UJ UJ' ZZ ~2 ~~ ~:J tIlO . tIl ~ LEGEND L41 o '" ...J STUMPY lAKE NOTE: 1. MERIDIAN SOURCE IS BASW ON VA. STATE PlANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983-86. COORDINATES SHOWN ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT EQUAL 0.3048 .'\1ETERS). 2. TOPOGRAPHIC FEATURES SHOWN HEREON ARE REFERENCED FROM THE CllY OF VIRGINIA BEACH CENTER FOR GIS. CURVE OAT A CHART RADIUS ARC LENGTHOEl TA Ai'IGLE CHORD OIRECTlON CHORD LENGTH TANGENT 0' 53.00 76.45 82.39'00" N 35'53'3.9" E 69.99 46.60 C'Z--' 23.00 33.18 82'39'00" S 35.53'39" W .30.38 20.22 SCALE 1/1 = 700' " 700' I 1400' 0' F EXHIBIT SHOWING STUMPY lAKE GOLF COURSE LEASE PROPERlY FOR STUMPY LAKE GOLF COURSE VIRGINIA BEACH, VIRGINIA i II SURVEY BUReAU · ENGINEERING DMS/ON I . DEPARTMENT OF PUBLIC WORKS · CITY OF VIRGtNtA BEAt."H, VIRGINIA II [DATE: JUNE 23,2005 J jSC'\LE: 1" = 700'.1 ~RAWN BY: DLWf I flaD BOOK: FG5 I, L: IIFlt~: HORI;?:ONTAL 1 nll'.MA:tI:P .,:to.: 68 "" SUMMARY OF TERMS LEASE FOR THE USE OF APPROXIMA TEL Y 296 ACRES OF CITY REAL PROPERTY LOCATED AT 4797 EAST INDIAN RIVER ROAD, ALSO KNOWN AS STUMPY LAKE GOLF COURSE LESSOR: City of Virginia Beach LESSEE: Virginia Beach Development Authority (VBDA) PREMISES: Approximately 296 acres of City property located at 4797 East Indian River Road in the City of Virginia Beach TERM: Twenty-Five Years RENT: Annual payments equal to all rent or other sums received by the VBDA under the Sublease PURPOSE: This lease is being entered into for the purpose of the VBDA initiating a Request For Proposal (RFP) process for the long-term operation, management and renovation of the course. The VBDA shall advertise a Request for Proposal (RFP), review and negotiate the best terms for the operation, renovation, and management of the Stumpy Lake Golf Course under a lease term not to exceed twenty-five (25) years. H:\OID\REAL EST A TE\LEASES\STUMPY LAKE\SUMMARY OF TERMS.doc - 31 - Item V-I.8. RESOLUTIONS/ORDINANCES ITEM # 54820 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $390,399 from the u.s. Department of Justice to the FY 2005-2006 operating budget to provide equipment and trainingfor City Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of mass destruction events. Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 . -----------..---- ---------- 1 2 3 4 AN ORDINANCE TO ACCEPT AND APPROPRIATE $390,399 FROM THE U.S. DEPARTMENT OF JUSTICE TO THE FY 2005-06 OPERATING BUDGET TO PROVIDE EQUIPMENT AND TRAINING FOR CITY RESPONDERS 5 WHEREAS, the City has been awarded pass-through funding 6 from the U. S. Department of Justice to support the response to 7 and coordination of weapons of mass destruction events. 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 1. That $390,399 is hereby accepted from the U.S. 11 Department of Justice and appropriated as follows: 12 (a) $120,200 to the Emergency Medical Services 13 Department's FY 2005-06 Operating Budget to 14 coordinate city-wide training for the National 15 Incident Management System; 16 (b) $97,600 to the Communications and Information 17 Technology Department's FY 2005-06 Operating Budget 18 to support the replacement of Mobile Data Terminals 19 in emergency vehicles; 20 (c) $172,599 to the Fire Department's FY 2005-06 21 Operating Budget to support a temporary full-time 22 posi tion to coordinate the development of a single- 23 response plan across all City agencies and to set up 24 temporary facilities and provide mobile sheltering 25 during recovery phases of an incident. 26 2 . That one full-time position is authorized in the Fire 27 Department's Operating Budget, for only as long as grant funding 28 remains for the position. 29 3. That revenue from the federal government is increased 30 by $390,399 in the FY 2005-06 Operating Budget. Adopted by the Council of the City of Virginia Beach, day of January 2006. Virginia, on the 24th Approved as to Content Approved as to Legal Sufficiency s9~Q. Management Services , WfYli?f tf . CitY Attorney' Office CA9882 H:\PA\GG\OrdRes\Homeland R-3 January 13, 2006 Security Grant ORD COMMONWEALTH of VIRGINIA MICHAEL M. CLINE State Coordinator Department of Emergency Management 10501 Trade Court Richmond. Virginia 23236.3713 (804) 897-6500 (TOO) 674-2417 FAX (804) 897-6506 www.vaemergency.com JANET L. CLEMENTS Deputy Coordinator JAMES W. KECK Deputy Coordinator April 18, 2005 I..-,q .;.:. r""!-I ." !, ',' 2CGS Mr. James K. Spore City Manager Virginia Beach City 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore: The Virginia Department of Emergency Management (VDEM) is pleased to announce the allocation of the 2005 State Homeland Security Program (SHSP) from the Office of State and Local Government Coordination and Preparedness, United States Deparbnent of Homeland Security (DHS). The 2005 Grant is designed to provide equipment, training, planning, and exercises for first responders to develop better preparedness to prevent, respond and recover from potential acts of terrorism. Your community has been allocated a total of $390,399 under this grant. This amount was based upon a formula that provided $20,000.00 plus $.87 per capita to your community. This funding must be used according to the requirements specified by DHS. A copy ofthe directions and guidance provided by the Department of Homeland Security may be found in attachment one (1). You will notice that the Approved Equipment List is in chart form with other 2005 programs, the SHSP approved equipment is listed ONLY in the first (1 st) column. Compliance with the rules and conditions set forth by DHS is mandatory . Under the preparedness enhancement portion of this 2005 grant award, subgrantees are allowed to spend funds ill four (4) areas of need ill First Responder Preparedness. They are as follows: 1. Equipment Acquisition 2. Training 3. Planning 4. Exercise As with last year's (2004) awards, all sub-applicants are required to submit an Initial Strategic Implementation Plan (ISIP). This year you are required not only to develop the ISIP information but also complete the online ISIP which is submitted to the Commonwealth via the web. To accomplish this requirement, DHS has made available to grantees and sub-grantees a web-based grant-reporting site (GRT). This web site is a secured web site and requires a registration process by each sub-grantee. "Working to Protect People, Property and Our Communities" 2005 State Homeland Security Program Grant April 18, 2005 Page 2 Attachment two (2) will provide you with a Gr::mt Rp.pnrtin f{ rnnt~l'.t ~hppt Please provide QRg (1) contact from your community that will be responsible for the ISIP and all other reporting for Homeland Security Grants; the Commonwealth has to approve each request and will not do so without this completed form. The named individual will have his/her own user name and password on this GRT site on the DHS web site. This form MUST be faxed back to VDEM by AV)"il?? ?Ofl'\ in order for your community to participate in the ISIP training. A training schedule is attached and an email will be forwarded to the contact person confIrming your community's participation in the training for your region. Completion of a Bi-annual Strategic hnplementation Report (BSIR) report will also be required biannually for the life of the grant via this same website. Also provided in attachment two (2) is a copy of the state strategy's goals and objectives for use in completing the ISIP and a copy of the Glossary of Grant Terms that will assist subgrantees with the federal and state terminology referred to in the Homeland Security Grants. The grant reporting contact is not necessarily the designated agent. As in the past, the executive officer (i.e.: CAO" CFO, etc.) is still required to execute all grant documents. In addition to the ISIP, the regular grant application forms must be completed as well. These are the same forms required for the past seven DHS grants and include both Federal and State forms. These forms may be found in attachment three (3). These forms must be completed and returned to us within 60 days of the date of this letter. Funds will not be released until we have received all of the forms and the completed ISIP. In attachment three (3) you will fInd the following: · Form 424, Application for Federal Assistance (Fill out only numbers 1,2,5, & 6 - Date & Sign) · State Application Form · Designation of Agent Form · Form LLL, Disclosure of Lobbying Activities · OJP Form 4061/6 CertifIcations · Equipment Coordination CertifIcation · Non-supplanting CertifIcation · Level of Training and Equipment Use Certification With the 2005 Grant funds, the Commonwealth will only send grant funds to a sub-grantee a maximum of 120 days prior to purchase of allowable expenditures. To accomplish this, VDEM will . forward a "Request for Drawdown" form once you have completed your application process (which includes an approved ISIP and grant application package). You may request all of your funds at one time or spread your request out over the grant period up to a maximum of 5 drawdowns. Paid invoices for drawdown amounts are due no later than 140 days from the fund disbursement date. As with other DHS grants, your community is required to retain and submit to VDEM a copy of your paid invoices to complete your grant fIle and be compliant with the grant rules and audit requirements within the requested 140 days. As soon as a payment is made, please forward your paid invoice copies to VDEM. Taking action right away, we believe, will help minimize confusing one grant for another. You have until Janum::y 31 2007, to obligate your funds under the DHS 2005 Homeland Security Program. The original paid invoices and receiving reports will reside with your purchasing office with copies provided to VDEM. These reports should,be held for at least three years after the end of the grant period and are subject to audit by DHS and/or the Commonwealth of Virginia. Attached you will fInd the Special Conditions document. This award is subject to all administrative and fInancial requirements, including the timely submission of all financial and 2005 State Homeland Security Program Grant April 18, 2005 Page 3 programmatic reports, resolution of all interim audit fmdings. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. Please initial the Special Condition page and submit it with your grant application package. I appreciate your prompt attention to this matter. You are encouraged to contact Julian Gilman, Cheryl Adkins, or JoAnn Maher at (804) 897-6500 for help with this grant or if you need any additional information. Sincerely, m7;J ffC~ Michael M. Cline MMC/JDG/jm c: The Honorable George W. Foresman, Assistant to the Governor for Commonwealth Preparedness The Honorable John W. Marshall, Secretary of Public Safety Mr. Robert P. Crouch, Jr., Chief Deputy Secretary of Public Safety Ms. Janet Clements, Chief Deputy State Coordinator Mr. James W. Keck, Administrative Deputy State Coordinator Attachments - 32- Item V-L9a/b/c. RESOLUTIONS/ORDINANCES ITEM # 54820 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006 operating budget: a. APPROPRIATE $360, 682 from the Home Program Income to fund non-profit organizations' housing rehabilitation projects to create affordable rental housing or very low-income homeless families, assist additional households to become first-time homeowners and assist current homeowners with reconstruction of their housing (Burton Station) b. APPROPRIATE $354,225 from the HUD Community Development Block Grant (CDBG) program income and TRANSFER federal funds of $616,435 to assist homeowners with repairs, provide additional housing for homeless families and individuals and fund various operational improvements. c. ACCEPT andAPPROPRIATE $297,565 in Us. Department of Housing and Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund rental subsidies for qualifYing residents at Morgan Terrace and Ebbetts Plaza Apartments Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 1 AN ORDINANCE TO APPROPRIATE $360,682 IN EXCESS 2 HOME PROGRAM INCOME TO THE DEPARTMENT OF 3 HOUSING AND NEIGHBORHOOD PRESERVATION'S FY 4 2005-06 OPERATING BUDGET 5 6 WHEREAS, more program revenue has been realized in the 7 Department of Housing and Neighborhood Preservation's HOME Program 8 than expected. 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 10 OF VIRGINIA BEACH, VIRGINIA: 11 That $360,682 from program income is hereby appropriated 12 to the Department of Housing and Neighborhood Preservation's FY 13 2005-06 Operating Budget to fund non-profit organizations' housing 14 rehabilitation projects to create affordable rental housing for 15 very low-income homeless families, to assist additional households 16 to become first-time homeowners, and to assist current homeowners 17 with reconstruction of their housing, with estimated revenue from 18 program income increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of January , 2006. APPROVED AS TO CONTENT: 0- JjOJvlQ) Q ~ APPROVED AS TO LEGAL SUFFICIENCY: CA9888 H:\PA\GG\OrdRes\HOME Program Income ORD R-2 January 13, 2006 JdJ.~ II ~h City Attorney' Of rice Management 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $354,225 IN EXCESS COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM INCOME AND TO TRANSFER $616,435 TO THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION'S FY 2005-06 OPERATING BUDGET 7 WHEREAS, more program revenue has been realized in the 8 Department of Housing and Neighborhood Preservation's Community 9 Development Block Grant ("CDBG") Program than expected; and 10 WHEREAS, transfers of existing CDBG funding from the 11 Capital Improvement Program and within the Department's FY 2005-06 12 Operating Budget are needed to align funding with the needs of the 13 community. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 1. That S354,225 from program income is hereby 17 appropriated to the Department of Housing and Neighborhood 18 Preservation's FY 2005-06 Operating Budget to assist homeowners 19 with repairs and to provide additional housing for homeless 20 families and individuals, with estimated revenue from program 21 income increased accordingly. 22 2. That $398,271 is hereby transferred from Capital 23 proj ect # 9-198, Burton Station (Partial) to the Department of 24 Housing and Neighborhood Preservation's FY 2005-06 Operating Budget 25 to assist homeowners with repairs. 26 3. That $218,164 of CDBG funding is hereby transferred 27 within the Department of Housing and Neighborhood Preservation's FY 28 2005-06 Operating Budget to assist homeowners with repairs and to 29 fund various operational improvements. Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of January , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: D Management Services ice CA98&6 H:\PA\GG\OrdRes\CDBG Program ORD R-2 January 13, 2006 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $297,565 IN U. S. DEPARTMENT OF HOUSING AND 3 URBAN DEVELOPMENT FEDERAL SECTION 8/HOUSING 4 CHOICE VOUCHER REVENUE TO THE DEPARTMENT OF 5 HOUSING AND NEIGHBORHOOD PRESERVATION'S FY 6 2005-06 OPERATING BUDGET 7 8 WHEREAS, the U.S. Department of Housing and Urban Development 9 has awarded the Department of Housing and Neighborhood Preservation 10 Federal Section 8/Housing Choice Voucher funding for rental 11 assistance for qualifying residents for five rental units in the 12 Morgan Terrace Apartments and 90 rental units in the Ebbetts Plaza 13 Apartments, and associated administrative costs. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $297,565 is hereby accepted from the U.S. Department of 17 Housing and Urban Development Federal Section 8/Housing Choice 18 Voucher Program and is hereby appropriated to the Department of 19 Housing and Neighborhood Preservation's FY 2005-06 Operating 20 Budget to fund rental subsidies for qualifying residents in the 21 Morgan Terrace and Ebbetts Plaza Apartments and associated 22 administrati ve costs, with estimated federal revenue increased 23 accordingly. 24 Adopted by the Council of the City of Virginia Beach, 25 Virginia, on the 24 day of January , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -B()N) Q. Management Services !4J,m c I It? Cit'y Attorney'/ OIIice CA9884 H:\PA\GG\OrdRes\Section R-2 January 12, 2006 8 Voucher ORD unf) ~ ~(. <6 (QiU~ r-~ ~ ( (. ~ (fj)o 6) JI/Il t11 U. S. Department of Housing & Urban Development ~_IfI'Qt~ 1"11 \. =. * i \I' '\ "+~.- t>~1J DEe 2 9 ~~i Richmond Office Public Housing Program Center 600 East Broad Street, 3rd Floor Richmond, VA 23219 1-800-842-26lO Mr. Andrew Friedman Director, Department of Housing and Neighborhood Preservation City of Virginia Beach Municipal Center, BJ4g 18A Virginia Beach, VA 23456 SUBJECT: Conversion Vouchers Prepayment Morgan Terraee Virginia Beach, Virginia This Jetter is to fonnally notify your agency that the City of Virginia Beach has been awarded IS units of Section 8 Conversion Vouchers with annual budget authority of $93,600 and administrative fee ofS7,740 in order to assist residents of Morgan Terrace in Virginia Beach, Virginia. The conversion vouchers are provided as a result of the prepayment of the mortgage to occur in the near future. Additionally, budget authority in the amount of $56,160 and administrative fee of $4,644 is provided for 9 units for vouchers for residents of Morgan Terrace being assisted through the Rent Supplement program, which will terminate with the prepayment. Also provided is budget authority of $3,750 and $2,250 respectively for special fees to compensate the authority for any extraordinary Section 8 administrative costs associated with the conversion. These funds are provided consistent with PlH Notice 99.40 (HA) and Notice PIff 2001.41 (HA). The Annual Contributions Contract.(ACC) is being prepared' andwill be the .,' <." subject of separate correspondence. The effective date is March 1,2005. We appreciate your agreeing to administer these vouchers so that eligible residents of Morgan Terrace can be assisted. If you bave any questions or need furtber assistance, please contact Frank Clower at 804-771-2100 ext. 3778. / fj3lJ /0 S ~. (/l) -:>(5 (; I-,(f 6h jMJt1. u. S. Department ofBo1lSing & Urban Development !1-~U. ""0,."0\ ;* * i \ Ii ~ ,if "All oetf.l9' . NOV 2 5 leas Richmond Field Office 600 E. Broad Street\ 3m Floor Richmond, VA 13219 1-800-842-2610 " 'Mr. Andrew Friedman Director, Department of Housing and , Neighborhood Preservation Princess Anne Park ' ,Muniqipal Center, Bldg. 18A Virginia Beach, VA 23456 Dear Mr. Friedman: SUBJECT: Conversion Vouchers Ebbetts Plaza Apartments , This letter is to formally notify your agency that the City of Virginia Beach has been awarded 90 units of Section 8 Conversion Vouchers with an annual budget authority of $609,606 and Administrative fees of$50,501 to assist residents ofEbbetts Plaza Apartments. The Annual contnbutions Contract (ACe) is being prepared and will be the subject of separate correspondence.. The effective date is January 1,2006. We appreciate your agreeing to administer tl1ese vou~hers so that eligible residents ofEbbetts Plaza Apartments can be assisted. If you have any questions. or need further assistancet please contact Frank Clower at 804- 771-2100 ext. 3778. ' Sincerely, ?jd/~ Robert L. Jennings Director Office of Public Housing Visit our websit~ ut www.hud.govlvlrglnill Item V-J. PLANNING 1. BULLFROGS and BUTTERFLIES 2. LISA BARLOW 3. PAMELA J. JOHNSON 4. HISTORIC KEMPSVILLE PLAN - 33- ITEM # 54821 CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT AMEND CITY ZONING ORDINANCES AMEND THE OFFICIAL ZONING MAP AMEND THE COMPREHENSIVE PLAN January 24, 2006 - 34- Item V-J. PLANNING ITEM # 54822 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1 and 3 of the PLANNING BY CONSENT AGENDA. Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 - 35 - Item V-J.l. PLANNING ITEM #54823 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of BULLFROGS and BUTTERFLIES for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BULLFROGS AND BUTTERFLIESFORA CONDITIONAL USEPERMITFORA CHILD CARE EDUCATION CENTER R010634138 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Bullfrogs and Butterflies for a Conditional Use Permit for a child care education center on property located at 2844 North Landing Road (GPIN 14934918900000). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: I. The applicant shall obtain all necessary permits, inspections and approvals before the childcare occupancy of the building. A Certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. 2. The applicant shall maintain a childcare license with the Commonwealth of Virginia. Failure to maintain childcare license shall result in revocation of the Conditional Use Permit. 3. The proposed child care education center shall be developed as shown on the submitted plan entitled "Bullfrogs & Butterflies Child Care" prepared by TM Collaborative, Inc., with a date of 11/15/05. 4. Fencing shall be constructed around the 75' x 75' Play Area shown on the submitted plan. 5. Hours of operation are Monday through Friday from 7:00 AM until 6:00 PM. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of January, Two Thousand Six January 24, 2006 - 36- Item V-J.1. PLANNING ITEM #54823 (Continued) Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 - 37- Item V-J.2. PLANNING ITEM #54824 Lisa Barlow, 948 Morgan Trail, Phone; 420-7879, the applicant, advised she is State and Federally licensed as a Wildlife Rehabilitator. Ms. Barlow specializes in raptors and water birds. Ms. Barlow is a member of a group of Rehabilitators trying to obtain land, outside the residential subdivisions in agricultural or rural areas. There are thirty-eight (38) Rehabilitators in the City. Becky Cattani, 1725 Maitland Arch, Phone: 426-9874, spoke in support of the application. Ms. Cattani is a voluntary Rehabilitator. There have never been any odors or loud noises at the Barlow residence. Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of LISA BARLOW for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LISA BARLOW FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (ANIMAL REHABILITATOR) R010634139 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Lisa Barlow for a Conditional Use Permit for a home occupation (animal Rehabilitator) on property located at 948 Morgan Trail (GPIN 14565617040000). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. Provide a 6 '-0" high privacy fence along the perimeter of the rear yard adjacent to neighbors on each side. 2. Position all cages and structures to meet zoning setback requirements. 3. Provide a 5'-0" wide organic mulch planting bed 4" - 6" in depth along the seaward side of the activity and enhance with plantings. 4. Animal and bird cages shall be cleaned daily to minimize odors caused by waste. 5. The use shall be administratively reviewed in one year. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of January, Two Thousand Six January 24,2006 - 38- Item V-J.2. PLANNING ITEM #54824 (Continued) Voting: 6-2 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Reba S. McClanan and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 - 39- Item V-J.3. PLANNING ITEM #54825 Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of PAMELA J. JOHNSON for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PAMELA J. JOHNSON FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAYCARE) R010634140 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Pamela J. Johnson for a Conditional Use Permit for a home occupation (daycare) on property located at 3005 Redbud Court (GPIN 14970393810000). DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The applicant shall complete any modifications to the structure deemed necessary by the Permits and Inspections Division of the Planning Department to meet current residential sound attenuation requirements. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia. on the Twenty-fourth of January. Two Thousand Six Voting: 8-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer. Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf Richard A. Maddox and Jim Reeve January 24, 2006 - 40- Item V-J.4. PLANNING ITEM #54826 The following registered expressing concerns of Emmanuel Episcopal Church: Reverend John A. Baldwin, Rector - Emmanuel Episcopal Church, advised of the five (5) most significant historic resources in the proposed Historic Kempsville Overlay District, Emmanuel would be the most affected. This has the potential to isolate the church behind sound walls and multi-story buildings, on a parcel too small to meet their needs. A water line connecting Stumpy Lake with the City of Norfolk (existing since the early 1900's) prevents any expansion to the west. This water line also bisects a key piece of property slatedfor development. Reverend Baldwin urged the City move this waterline underneath the new road. Reverend Baldwin's letter was distributed and is hereby made a part of the record. Phillip A. Hakey, 601 Rosaer Lane, Phone: 424-3866, member of Emmanuel Episcopal Church Joseph R. Mayes, 1733 Grey Friars Chase, Phone; 416-1152, Trustee - Emmanuel Episcopal Church Martha B. Womble, 5286 West Valleyside Court, Phone: 424-7368, member of the Strategy Committee- Emmanuel Episcopal Church. Mrs. Womble requested underground utilities be placed in the entire Overlay District. The City Manager advised when the City purchased Stumpy Lake, the water line was also purchased. Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED: City Zoning Ordinance (CZO) re Historic Kempsville Master Plan: a. ADD Article 20, Sections 2000 through 2004, establishing the Overlay District, boundaries, use regulations and dimensional, density, landscape and buffering requirements b. AMEND and REORDAIN Section 102, re the establishment of districts and official zoning maps c. AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative intent, use regulations, dimensional requirements, landscape screening and buffering regulations, height regulations, sign regulations, and off-street parking regulations for the B-4K Mixed Use District d. AMEND the Official Zoning Map by the designation and incorporation of the Overlay District e. AMEND the Comprehensive Plan to incorporate the Master Plan January 24, 2006 - 41 - Item V-J.4. PLANNING ITEM #54826 (Continued) Voting: 7-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Reba S. McClanan Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve Council Lady McClanan ABSTAINED on this item (Historic Kempsville Master Plan) as she and her husband are major property owners in this area. Council Lady McClanan has not participated in any discussions relative this matter. January 24, 2006 1 AN ORDINANCE TO ESTABLISH THE 2 HISTORIC KEMPSVILLE AREA OVERLAY 3 DISTRICT, DISTRICT BOUNDARIES, USE 4 REGULATIONS AND DIMENSIONAL, 5 DENSITY, AND LANDSCAPING 6 REQUIREMENTS 7 8 Sections Added: City Zoning Ordinance 9 Sections 2000, 2001, 2002, 2003 and 2004 10 11 WHEREAS, the public necessity, convenience, general welfare 12 and good zoning practice so require; 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 That the City Zoning Ordinance is hereby amended by the 16 addition of a new Article 20, consisting of Sections 2000, 2001, 17 2002, 2003 and 2004, pertaining to the Historic Kempsville Area 18 Overlay District, to read as follows: 19 20 21 22 ARTICLE 20. THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT 23 Sec. 2000. Findings; intent. 24 The City Council hereby finds that the Historic Kempsville 25 Area is not only one of the primary crossroads within the City, 26 but is also the location of the third courthouse in Princess 27 ~nne County, the site of a Revolutionary War skirmish, an early 28 cultural and economic hub wi thin the City, and is surrounded by 29 many stable and attractive residential communities. As such, its 30 appearance and revitalization is important to the physical and 31 economic vitality of the City. The purpose of the Historic 32 Kempsville Area Overlay District is to enhance the appearance of 33 the area encompassed by the District and to help restore its 34 vitality as an important and historic location within the City. 35 36 Sec. 2001. District boundaries. 37 The Historic Kempsville Area Overlay District boundaries 38 shall be as designated on the official zoning map of the city. 39 40 Sec. 2002. Application of regulations. 41 The designation of any property as lying within the 42 Historic Kempsville Area Overlay District shall be in addition 43 to, and not in lieu of, the underlying zoning district 44 classification of such property, such that any property situated 45 in the Historic Kempsville Area Overlay District shall also lie 46 within one or more of the zoning districts enumerated in Section 47 102 (a) of this ordinance. All such property shall be subject to 48 the requirements of this article as well as to all other 49 regulations applicable to it, and to the extent that any 50 provision of this article conflicts with any other ordinance or 51 regulation, the more restrictive provision shall control. 2 52 Sec. 2003. Use regulations. 53 (a) Principal uses. Subject to general requirements and to 54 the regulations of the underlying zoning district, all uses and 55 structures permitted as principal uses in the underlying zoning 56 district in which they are located shall be permitted as 57 principal uses within the Historic Kempsville Area Overlay 58 District, except as set forth in Section 901 of this Ordinance. 59 (b) Accessory uses. Subject to general requirements and to 60 the regulations of the underlying zoning district, all uses and 61 structures permitted as accessory uses in the underlying zoning 62 district in which they are located shall be permitted as 63 accessory uses within the Historic Kempsville Area Overlay 64 District. 65 (c) Condi tional uses. Subj ect to general requirements and 66 to the regulations of the underlying zoning district, all uses 67 and structures permitted as conditional uses in the underlying 68 zoning district in which they are located shall be permitted as 69 conditional uses within the Historic Kempsville Area Overlay 70 District, as well as the following uses and structures: 71 (1) Multiple-family dwellings in the B-4K (HK) Mixed 72 73 74 Use District; (2) Attached dwellings in the B-4K (HK) Mixed Use District; 3 75 (3) Commercial parking lots, parking garages and 76 storage garages located in the B-2 (HK) Community 77 Business or B-4K (HK) Mixed Use Districts. 78 (d) Additions to single-family dwellings, duplexes, 79 attached dwellings and multiple-family dwellings not increasing 80 the number of dwelling units in any such use shall be permitted 81 by right, provided that all other requirements of this ordinance 82 are met. Where setbacks or other dimensional requirements 83 pertaining to such additions are not specified in the 84 regulations of the underlying zoning district, such requirements 85 shall be as specified in the B-4K (HK) Mixed Use Business 86 District. 87 88 Sec. 2004. Dimensional and other requirements; densi ty; 89 landscape screening and buffering. 90 91 Subject to the provisions of Section 2003 of this 92 ordinance, dimensional and other requirements for uses and 93 structures located within the Historic Kempsville Area Overlay 94 District shall be as specified in the underlying zoning 95 district; provided, however, that: 96 (a) The density of multiple-family dwellings shall not 97 exceed eighteen (18) units per acre or the maximum density 98 permitted by the regulations of the underlying zoning district, 99 whichever is the lesser, on a zoning lot. 4 100 101 102 103 104 105 106 107 108 109 110 111 112 113 (b) Where a zoning lot within the B-2 (HK) or B-4(HK) district adjoins any district in which single-family dwellings, duplexes, attached dwellings or multiple-family dwellings are permitted as a conditional or principal use, wi thout an intervening street, alley or body of water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required along all lot lines adjoining such district. Category IV landscape screening shall be required, and no other uses or structures shall be permitted, within the yard. (c) The requirements within the B-4K (HK) Mixed Use Business District for minimum lot area, width, yard spacing and maximum lot coverage for residential dwellings and commercial structures are set forth in Article 9 of this ordinance. Adopted by the Council of the City of Virginia Beach, 114 Virginia, on the 24th day of January, 2006. 5 1 2 3 4 AN ORDINANCE ESTABLISHING HISTORIC KEMPSVILLE AREA DISTRICT AND THE HISTORIC AREA OVERLAY DISTRICT THE B-4K MIXED USE KEMPSVILLE 5 6 7 8 SECTION AMENDED: City Zoning Ordinance ~ 102 WHEREAS, the public necessity, convenience, general welfare 9 and good zoning practice so require; 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Section 102 of the City Zoning Ordinance is hereby 13 amended and reordained, to read as follows: 14 Sec. 102. Establishment of districts and official zoning maps. 15 (a) In order to carry out the purposes and provisions of 16 this ordinance, the following districts are hereby established 17 and are hereby listed in order from most restrictive to least 18 restrictive: 19 (1) Preservation District. The Preservation District shall 20 consist of: 21 P-l Preservation District 22 (2) Agricultural Districts. The Agricultural Districts 23 shall consist of: 24 AG-l Agricultural District 25 AG-2 Agricultural District 26 (3) Residential Districts. Residential Districts shall 27 consist of: 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 R-40 Residential District R-30 Residential District R-20 Residential District R-15 Residential District R-I0 Residential District R-7.5 Residential District R-5D Residential District R-5R Residential District R-5S Residential District R-2.5 Residential Townhouse District (4) Apartment Districts. Apartment Districts shall consist of: A-12 Apartment District A-18 Apartment District A-24 Apartment District A-36 Apartment District (5 ) Hotel District. The Hotel District shall consist of: H-l Hotel District (6) Office Districts. The Office Districts shall consist of: 0-1 Office District 0-2 Office District (7) Business Districts. Business Districts shall consist of: 2 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 B-1 Neighborhood Business District B-1A Limited Community Business District B-2 Community Business District B-3 Central Business District B-3A Pembroke Central Business Core District B-4 Mixed Use District B-4C Central Business Mixed Use District B-4K Historic Kempsville Area Mixed Use District (8) Industrial Districts. Industrial Districts shall consist of: 1-1 Light Industrial District 1-2 Heavy Industrial District (9) [Reserved] (10) Planned Development Districts. The Planned Development Districts shall consist of: PD-H1 Planned Unit Development District PD-H2 Planned Unit Development District (11) Historic and Cultural District. The Historic and Cultural District shall consist of: Historic and Cultural District (12) Resort Tourist Districts. The Resort Tourist Districts shall consist of: RT-4 Resort Tourist District RT-3 Resort Tourist District 3 76 77 78 79 80 81 82 83 84 85 86 87 88 89 RT-2 Resort Tourist District RT-1 Resort Tourist District (a1) In ~ddition to the diotricto enumer~ted in ouboection (~), there There is hereby established the Shore Drive Corridor Overlay District. Such district shall be designated on the official zoning map by the notation "(SD)" following the designation underlying zoning district. of the As an illustration, property in the Shore Drive Corridor Overlay District and in the B-4 Mixed Use District shall be designated on the official zoning map as having the classification "B- 4(SD)." (a2) In ~ddition to the diotricto enumer~ted in ouboection (~), there There is hereby established, as an overlay district within the RT-3 Resort Tourist District, the Laskin Road Gateway 90 Overlay District. Such district shall be designated on the 91 official zoning map as "RT-3 (LRG) ." 92 (a3) There is hereby established the Old Beach Overlay 93 District. Such district shall be designated on the official 94 zoning map by the notation "(OB)" following the designation of 95 the underlying zoning district. As an illustration, property in 96 the Old Beach Overlay District and in the R-5D Residential 97 Duplex District shall be designated on the official zoning map 98 as having the classification "R-5D(OB)." 4 99 ~ There is hereby established the Historic Kempsville 100 Area Overlay District. Such district shall be designated on the 101 official zoning map by the notation "(HK)" following the 102 designation of the underlying zoning district. As an 103 illustration, property in the Historic Kempsville Area Overlay 104 District and in the B-2 Community Business District shall be 105 designated on the official zoning map as having the 106 classification "B-2 (HK) . " 107 Adopted by the Council of the City of Virginia Beach, 108 Virginia, on the 24th day of January, 2006. 109 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE ESTABLISHING THE LEGISLATIVE INTENT, USE REGULATIONS, DIMENSIONAL REQUIREMENTS, LANSDSCAPE SCREENING AND BUFDFERING REQUIREMENTS, HEIGHT REGULATIONS, SIGN REGULATIONS AND OFF-STREET PARKING REQUIREMENTS IN THE B-4K HISTORIC KEMPSVILLE AREA MIXED USE DISTRICT Sections Sections 906 Amended: 900, 901, City Zoning Ordinance 902, 903, 904, 905 and WHEREAS, the public necessity, convenience, general welfare 15 and good zoning practice so require; 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 17 CITY OF VIRGINIA BEACH, VIRGINIA: 18 That Sections 900, 901, 902, 903, 904, 905 and 906 of the 19 City Zoning Ordinance is hereby amended and reordained to read 20 as follows: 21 22 23 ARTICLE 9. BUSINESS DISTRICTS 24 25 Sec. 900. Legislative intent. 26 27 The purpose of th2 B-1 Neighborhood Business District is to 28 provide areas where a limited range of business establishments 29 can be located near or adjacent to residential development 30 without adversely impacting the adj acent residential area. The 31 purpose of the B-1A Limited Community Business District is to 32 provide areas where limited commercial development can be 33 dispersed to support the needs of nearby residential 34 neighborhoods. The purpose of the B-2 Community Business 35 District is to provide land needed for community-wide business 36 establishments. This district is intended for general 37 application in the city. It is intended that, by the creation of 38 this district, business uses will be geographically 39 concentrated. The purpose of the B-3 Central Business District 40 is to set apart that portion of the city which forms the 41 metropolitan center for financial, commercial, professional and 42 cultural activities, including business, professional and 43 cultural development in a manner that complements the B-3A 44 Pembroke Central Business Core District and the policies 45 identified in the City of Virginia Beach Comprehensive Plan. It 46 is intended that any uses likely to create friction with these 47 proposed types of activities will be discouraged. This district 48 is not intended for general application throughout the city. The 49 purpose of the B-3A Pembroke Central Business Core District is 50 to optimize development potential for a mixed-use, pedestrian- 51 52 oriented, urban acti vi ty center with mid- to structures that contain numerous types of uses, high-rise including 53 business, retail, residential, cultural, educational and other 54 public and private uses. The B-3A district is intended to 55 comprise publicly accessible community open space areas, 56 generally reflective of the concepts identified in the city's 57 Comprehensive Plan and the Pembroke Central Business District 2 58 Master Plan. Requests for rezonings to the B-3A Pembroke Central 59 Business Core District shall be limited within the area bound by 60 Independence Boulevard, Jeanne Street, Constitution Drive and 61 the Norfolk-Southern Railroad right-of-way. As to those 62 buildings and structures rendered nonconforming by a rezoning to 63 B-3A, it is the intent of the City Council to encourage their 64 appropriate expansion or renovation by resolution, as set forth 65 in section 105, in order to effectuate the intent of this 66 section. This district lS not intended for general application 67 throughout the city. The purpose of the B-4 Mixed Use District 68 is to provide for retail and commercial service facilities and 69 residential uses in those areas of the city where a mixture of 70 such uses is desirable and recommended by the policies of the 71 Comprehensive Plan. The purpose of the B-4C Central Business 72 Mixed Use District is to provide an area that complements the B- 73 3A Pembroke Central Business Core District through quality mixed 74 use development at intensities and patterns that support 75 multiple modes of transportation, higher residential densities, 76 and an integrated mix of residential and non-residential uses 77 within the same building or on the same lot. Requests for 78 rezonings to the B-4C Central Business Mixed Use District shall 79 be limited to the area surrounding the B-3A Pembroke Central 80 Business Core District and generally bounded by Thalia Creek on 81 the east, Interstate 264 on the south, Aragona Boulevard on the 3 82 west, and Jeanne Street and Broad Street on the north. 83 84 85 86 87 88 89 Development within the B-4C Central Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use Development Guidelines. The purpose of the B-4K Historic Kempsville Area Mixed Use District is to provide an area that complements the adjoining residential neighborhoods through quality mixed use development at intensities and patterns that support multiple modes of transportation, higher residential densities, and an 82 west, and Jeanne Street and Broad Street on the north. 83 Development wi thin the B-4C Central Business Mixed Use District 84 should adhere to the Comprehensive Plan's Mixed Use Development 85 Guidelines. The purpose of the B-4K Historic Kempsville Area 86 Mixed Use District is to provide an area that complements the 87 adjoining residential neighborhoods through quality mixed use 88 development at intensities and patterns that support multiple 89 modes of transportation, higher residential densities, and an 90 integrated mix of residential and non-residential uses wi thin 91 the same building or on the same lot. Rezonings to the B-4K 92 Historic Kempsville Area Mixed Use District shall be limited to 93 property within the area generally bounded by Kempsville Heights 94 and Kempsville Lake to the north, Cedar Run Canal to the south, 95 Kempsville Gardens and Kempsville Manor to the east, and Eastern 96 Branch of the Eli zabeth River to the west. Development within 97 the B-4K Historic Kempsville Area Mixed Use District shall 98 conform to the Comprehensive Plan's Mixed Use Development 99 Guidelines and the Historic Kempsville Area Master Plan or, in 100 the event of a conflict, shall conform to the Historic 101 Kempsville Area Master Plan. 102 103 Sec. 901. Use regulations. 104 105 (a) Principal and conditional uses. The following chart 106 lists those uses permitted within the B-1 through B-4 Business 4 107 Districts. Those uses and structures in the respective business 108 districts shall be permitted as either principal uses indicated 109 by a "P" or as conditional uses indicated by a "e." Uses and 110 structures indicated by an "X" shall be prohibited in the 111 respective districts. No uses or structures other than as 112 specified shall be permitted. 113 Use Animal hospitals, veterinary establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air-conditioned buildings Antennas, building-mounted Auditoriums, assembly halls, and union halls Automobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K P P P P P P P P X P P P X X P P X e X P P P P P X e X e X X X X 5 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Automobile repair X X C C X C X X establishments dealing exclusively in minor repairs of the type provided at automobile service stations Automobile X X C C X C X X service stations; provided that, where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25 ) feet in width and where lots separated by a district boundary have adjacent front yards, Category VI screening shall separate the automobile service station use from the adjacent residential district or apartment district and no ground sign shall be within fifty (50) feet of the residential district or apartment district 6 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Bakeries, P P P P P P P P confectioneries and . delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises Bed and breakfast X X X X X C X C inns Beverage X X p p X P P X manufacturing shops, which shall not exceed three thousand (3,000) square feet in floor area Bicycle and moped X X X X X C X X rental establishments Bingo halls X X C X X C X X - Boat sales X X p X X p X X - Body piercing X X C X X X X X establishments Borrow pits X X C X X X X X 7 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Bulk storage X X C X X X X X yards and building contractors yards; provided that no sale or processing of scrap, salvage or secondhand material shall be permitted in such yards; and, provided further that such storage yards shall be completely enclosed except for necessary openings in ingress and egress by a fence or wall not less than six ( 6) feet in height Business and X C C C C C C X vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities Business studios, P P P P P P P P offices and clinics 8 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Car wash X X C C C C X X facilities, provided that: (i) no water produced by activities on the zoning lot shall be permitted to fall upon or drain across public streets or sidewalks or adjacent properties; (ii) a minimum of three (3 ) off- street parking spaces for automobiles shall be provided for each car wash space within the facility Child care and C C p p p p p C child care education centers Churches X C C C C C C C - Colleges and X C C C C C C X universities, public or private Commercial X X P P P P P C parking lots, parking garages, parking structures and storage garages 9 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Cormnercial X X C C P C P X parking gar-ages and storage garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto Cormnercial X X C C C p C X recreation facilities other than those of an outdoor nature Dormitories for X X X X X C X X marine pilots Drugstores, P P P P P P P P beauty shops and barbershops and other similar personal service establishments; provided that drive-through windows shall not be allowed in the B-4K District Dwellings, X X X X P X P Attached Dwellings, Multi- X X X X C p C C family 10 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Eating and X X X X P X P P drinking establishments without drive- through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section Eating and X X p p X p X X drinking establishments with drive- through windows, except as specified below Eating and P P P P X P X X drinking establishments without drive- through windows, except as specified below Eating and X X C C C C C C drinking establishments where all three of the following occur: l. Alcoholic beverages are served; 2. The establishment is located within five hundred (500) feet of a residential or apartment district; 11 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use 3. The establishment excludes persons on the basis of age during any part of the day, or provides entertainment, audible from an adjoining property. Fiber-optics X C C C C X C X transmission facilities Financial p p p p p p p p institutions; provided, that drive-through windows shall not be allowed in the B-4K District Flea markets X X C C C C C X - Florists, gift p P P P P P P P shops and stationery stores Funeral homes X P P P X P X X - Furniture repair X P P P X P X X and upholstering, repair services for radio and television and household appliances other than those with gasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses Greenhouses and X P P X X P X X plant nurseries 12 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Grocery stores, C C P P X P X X carry-out food stores and convenience stores all being both freestanding and in a structure with a gross floor area of less than five thousand (5,000) square feet Grocery stores, X X p p C p C X carry-out food stores and convenience stores whether or not freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet Grocery stores, P P P P C P C C carry-out food stores and convenience stores any of which are not freestanding but in a structure with a gross floor area of less than five thousand (5,000) square feet Heliports and X X C C C C C X helistops Home occupations X X X X C C C C 13 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Housing for C C X X C C C C seniors and disabled persons or handicapped, including convalescent or nursing; maternity homes; child care centers other than covered under permitted principal uses hereinabove, provided that the maximum height shall not exceed one hundred sixty-five (165) feet; provided, however, that no structure shall exceed the height limit established by section 202(b) regarding air navigation Hospitals and X X C C C C C X sanitariums Hotels and motels X X X P P P P X 14 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Hotels and motels X X X X X C X X with increased lodging unit density and height, provided that the maximum density shall be one hundred twenty (120) lodging units per acre, the minimum lot area shall be one (1 ) acre and the maximum height shall be one hundred (100) feet; notwithstanding the above, no structure shall exceed the height limit established by section 202(b) regarding air navigation Laboratories and X X P P P P P P establishments for the production and repair of eye glasses, hearing aids and prosthetic devices Laundry and dry P P P P P P P P cleaning agencies Liquor stores, P P P P P P P P package only Marinas, X X C C X C X X commercial Medical and P P P P P P P P dental offices and clinics Medical X X P P P P P P laboratories 15 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Mini-warehouses X C C C X C X X - Mobile home sales X X C X X X X X - Motor vehicle X X C C X C X X sales and rental, provided the minimum lot size is twenty thousand (20,000) square feet; and provided further, that truck and trailer rentals shall comply with the provisions of section 242.2 Motor vehicle X X X X P X P X sales and rental, provided such use is wholly enclosed within a building, and further provided that no outdoor use accessory to or in conjunction with the principal use shall be allowed Museums and art C P P P P P P P galleries Newspaper X P P P P P P P printing and publishing, job and commercial printing 16 Use Off-site parking facilitiesL subject to the provisions of subsection (c) for ;:J.ny uoe \dthin the B 3, B 31\ or B 4C Diotrioto m;:J.y be permitted on ;:J.ny zoning lot ~ithin ;:J.ny of thooe three (3) diotrioto, pro7ided ;:J.ll of the follo..dng requiremento ;:J.re met: (;:J.) Structureo for p;:J.rlcing f;:J.cilitieo oh;:J.ll conform to the regul;:J.tiono of the diotrict in ..;hich loo;:J.tedl (b) Off oite p;:J.rlcing f;:J.oilitieo oh;:J.ll be loo;:J.ted ~ithin one thouo;:J.nd five hundred (1,500) feet from the uoe they ;:J.re intended to oerve, but in no o;:J.oe oh;:J.ll ;:J.ny ouch f;:J.cility be loc;:J.ted oppooite Virgini;:J. Be;:J.ch Boulev;:J.rd ;:J.nd Independence Boulev;:J.rd unleoo gr;:J.de oep;:J.r;:J.ted pedeotri;:J.n ;:J.cceoo io pro7ided: (0) Off oite p;:J.rlcing B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K x x p p p x x x 17 Use otructurco ocr:ing uoeo ',;i thin the B 3[\ Diotrict oh.:lll not be oep.:lr.:lted by Independence Boule~.:lrdi (d) ~ written .:lgreement .:loouring continued .J.v.J.il.J.bility of the number of op.J.ceo indic.J.ted oh.:lll be dr.:l\;n .:lnd executed, .J.nd .:l certified copy of ouch .J.greement Dh.:lll be recorded ',;i th the clerk of the court. Such .J.greement oh.J.ll otipul.J.te th.J.t, if ouch op.:lce io not m.:lint.:lined or Dp.J.ce .:lccept.J.ble to the pl.J.nning director oubotituted, the UDe or ouch portion of the uoe .J.O io deficient in number of p.:lrking op.:lceo oh.:lll be diocontinued. The .:lgreement oh.:lll be oubject to the .:lppro7.:ll of the city .J.ttorney B-1 B-1A B-2 B-3 18 B-3A B-4 B-4C B-4K B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use Outdoor cafes P P P P P P P P - Outdoor plazas P P P P P P P P - Passenger X X C C C C C X transportation terminals Passenger vessels X X C X X C X X permitted by u.s. Coast Guard regulations to carry more than one hundred forty-nine (149) passengers and used for commercial purposes Personal service P P P P P P P P establishments, other than those listed separately Personal X C C C X C X X watercraft rentals Private clubs, P P P P P P P P lodges, social centers, eleemosynary establishments and athletic clubs Public buildings P P P P P P P P and grounds Public utilities P P P P P P P P installations and substations provided storage and maintenance facilities shall not be permitted; and provided further that utilities substations, other than 19 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use individual transformers, shall be surrounded by Category IV screening solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings Public utilities X X P P P P P P offices Public utility X X C C .X C X X storage or maintenance installations Radio and X C C C C C C X television broadcasting stations and line-of-sight relay devices Recreational and X C C C C C C X amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development 20 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use of such properties, safeguards are provided to preserve and protect the existing character of adjacent properties, except that riding academies and recreational campgrounds shall not be allowed as a conditional use or otherwise Repair and sales P P P P P P P P for radio and television and other household appliances and small business machines Retail X P P P P P P X establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for 21 B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K Use storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single- or multiple- family dwelling, church, park, or school Satellite X X C C C X C X wagering facility Specialty shops C P P P P P P P - Storage garages X X p p X p X X - Tattoo parlors X X C X X X X X - Wholesaling and X X P C X X X X distribution operations, provided that such operations do not involve the use of: (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at 22 Use more than one and one-half (1 1/2) tons, or (iii) a total of more than five (5) delivery vehicles B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K 114 115 (a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke 116 Central Business Core District. 117 (.:ll)Outdoor c.:lfeo .:lnd outdoor pl.:lz.:lo in the B 311 Pembroke 118 Centr.:ll Buoineoo Core Diotrict 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 (a) Notwithstanding any contrary provision of this ordinance, outdoor cafes within the B-3A Pembroke Central Business Core District shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building. (b) Notwithstanding any contrary provision of this subsection, outdoor within B-3A plazas the Pembroke Central Business Core District shall be subject to the following criteria: (1) Outdoor plazas should be located at the entrance to maj or other buildings and appropriate provide safe, areas to attracti ve and accessible public urban open spaces for those who live, work and visit the area. The size and configuration of 23 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 outdoor plazas and attendant amenities shall be reviewed by the Planning Director to ensure conformance with these and other related objectives as set forth and Pembroke in the Central Comprehensive Plan Business District Master Plan; and (2) The architectural design shall conform to the purpose and intent of the Central Business District Master Plan. (a2) Outdoor cafes and outdoor plazas in the B-4K Historic Kempsville Area Mixed Use District. (a) Notwithstanding any contrary provision, outdoor cafes within the B-4K Historic Kempsville Area Mixed Use District shall not occupy more than one thousand (1,000) square feet of area outside of an enclosed building. (b) Notwithstanding any contrary provision, outdoor plazas within the B-4K Historic Kempsville Area Mixed Use District shall be subject to the following criteria: (1) Outdoor plazas should be located at the entrance to appropriate major areas buildings and to provide other safe, attractive and accessible public urban open 24 158 spaces for those who live, work and visit 159 the area. The size and configuration of 160 outdoor plazas and attendant amenities shall 161 be reviewed by the Planning Director to 162 ensure conformance with these and other 163 related objectives as set forth in the 164 Comprehensive Plan and the Historic 165 Kempsville Area Master Plan; and 166 (2) The architectural design shall conform to 167 the purpose and intent of the Historic 168 Kempsville Area Master Plan. 169 170 (b) Accessory uses and structures. Uses and structures 171 which are customarily accessory and clearly incidental and 172 subordinate to the principal uses and structures, including, but 173 not limited to: 174 (1) An accessory activity operated for profit in a 175 residential dwelling unit where there is no change 176 in the outside appearance of the building or 177 premises or any visible or audible evidence 178 detectable from outside the building lot, either 179 permanently or intermittently, of the conduct of 180 such business except for one non-illuminated 181 identification sign not more than one square foot in 25 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practi tioner, and no person other than members of the immediate family occupying such dwelling unit is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the acti vi ty is specifically designed or conducted to permit no more than one patron, customer, or pupil to b8 present on the premises at anyone time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homEs, massage or tattoo parlors, radio or television repair shops, similar establishments. auto repair shops, or 26 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 (c) Off-site parking facilities shall be permitted as follows: (1) B-3, B-3A and B-4C Districts. Off-si te parking facilities for any use within the B-3, B-3A or B- 4C Districts, shall be permitted on any zoning lot, provided all of the following requirements are met: (1) structures for parking facilities shall conform to the regulations of the district in which located; (2) off-site parking facilities shall be located within one thousand, five hundred (1,500) use they are shall any such feet from the intended to serve, but in no case facility Boulevard be located opposite Virginia and Independence Boulevard Beach unless grade-separated pedestrian access is provided; (3) off-site parking structures serving uses wi thin the B-3A District shall not be separated by Independence Boulevard; and (4) a written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to 27 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 the planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney. (2 ) B-4K District. Off-si te parking facilities for any use within the B-4K District may be permitted on any zoning lot wi thin the district, provided all of the following requirements are met: (1) structures for parking facilities shall conform to the regulations of the district in which located; (2) off-site parking facilities shall be located within one thousand, five hundred (1,500) feet from the use they are intended to serve, but in no case shall any such facility be located opposite Kempsville Road, Princess Anne Road, or South Witchduck Road unless grade-separated pedestrian access is provided; and (3) a written agreement assuring continued availability of the number of spaces indicated shall be drawn and executed, and a certified copy of such agreement shall be recorded with the clerk of the court. Such agreement shall stipulate that, if such space is not maintained or space acceptable to 28 253 the planning director substituted, the use or 254 such portion of the use as is deficient in number 255 of parking spaces shall be discontinued. The 256 agreement shall be subject to the approval of the 257 city attorney. 258 259 Sec. 902. Dimensional requirements. 260 261 262 263 (b) The following chart lists the requirements wi thin the 264 B-3A Pembroke Central Business Core District, aTrEl- B-4C Central 265 Business Mixed Use District, and B-4K Historic Kempsville Area 266 Mixed Use District for minimum lot area, width, and yard 267 spacing for all uses and structures: 268 TABLE INSET: 269 (1) Minimum lot area in square feet: (2) Minimum lot width in feet:* (3) Minimum setback from a street in feet (4) Maximum setback from a street in feet. There shall be no maximum setback from a street for structures where the total floor area consists of residential use. (5) Minimum side yard setback in feet, unless otherwise identified herein or a greater setback is required by section 903 (6) Minimum rear yard setback in feet, unless a greater setback is required by section 903 29 B-3A 10,000 B-4C 10,000 B-4K 10,000 100 o 100 o 100 10 10 10 20 o o o o o o (7) Maximum density per acre of N /A 36 18 multifamily dwellings in the B- 4C District. Density shall be determined based on the area of the entire zoning lot, even if such lot is partially occupied by other principal uses or conditional uses. For every 10,000 square feet of commercial space in a given development project, an additional dwelling unit per acre beyond that allowed by the maximum density may be built. (8) Maximum density of hotels and N/A 80 N/A motels 270 *Where applicable, newly created corner lots must also adhere to 271 section 4.4 (c) of the Subdivision Ordinance, requiring 272 additional lot width on certain o~ncr corner lots. 273 Except as otherwise provided herein, setbacks affecting 274 only the first floor of multistory buildings may be increased by 275 no more than twenty (20) feet in order to allow the creation of 276 covered passageways within the B-3AL aft€!: B-4C and B-4K 277 Districts. In addition, building setbacks adjacent to roadway 278 intersections may be increased to provide safe and reasonable 279 line-of-sight clearances. 280 (c) The following chart lists the requirements wi thin the 281 B-3 and B-4 Business Districts for minimum lot area, width, yard 282 spacing and maximum density for lodging uses and structure. For 283 hotels and motels (lodging units) : 284 TABLE INSET: 285 B-3 B-4 30 (1) Minimum lot area in square feet: (2) Minimum lot width in feet:* (3) Minimum front yard setback in feet: (4) Minimum side yard setback in feet: (5) Minimum side yard setback adjacent to a street in feet: (6) Minimum rear yard setback in feet: (7) Maximum density for lodging units per acre: (8) For each dwelling unit contained in a combination development, the number of allowed lodging units shall be reduced by two (2). 43,560 20,000 100 100 35 35 20 20 10 35 20 20 N/A 80 286 287 *Where applicable, newly created corner lots must also adhere to 288 Subdivision Ordinance, requiring section of the 4.4(c) 289 additional lot width on certain corner lots. 290 291 (e) The following chart lists the requirements wi thin the 292 B-4 Mixed Use District and B-4K Historic Kempsville Area Mixed 293 Use District for minimum lot area, width, yard spacing, maximum 294 lot coverage and maximum density for multiple-family dwellings. 295 For multiple-family dwellings: 296 B-4 B-4K - (1 ) Minimum lot area in square feet: 40,000 40,000 (2 ) Minimum lot width in feet: 200 200 - (3 ) Minimum front yard setback in feet:* 30 10 - (4 ) Maximum front yard setback in feet:* 20 - (5) Minimum side yard setback in feet: 8 0 - ( 6) Minimum rear yard setback in feet: 10 0 (7 ) Maximum lot coverage by buildings and parking, excluding recreational buildings 75 75 and surfaces in percent: 31 (8) Maximum density in dwelling units per 36 18 acre: 297 298 *Where applicable, newly created corner lots must also adhere to 299 section 4.4 (c) of the Subdivision Ordinance, requiring 300 additional lot width on certain corner lots. 301 302 303 Sec. 903. Landscape screening and buffering regulations. 304 For the B-1 through B-4 Commercial Districts, the following 305 landscape screening and buffering regulations shall apply: 306 (a) When a zoning lot within a B-1 or B-1A Business 307 District adjoins a residential, apartment or hotel district 308 without an intervening street, alley or body of water over 309 twenty-five (25) feet in width, a fifteen-foot minimum yard 310 shall be required along all lot lines adjoining the residential, 311 apartment or hotel district. Category I landscape screening 312 shall be required within the yard area. No other uses or 313 structures shall be permitted in such yards. 314 (b) When a zoning lot wi thin the B-2, B-3, B-3A, B-4 L.. e-r 315 B-4C or B-4K District adjoins a residential or apartment 316 district without an intervening street, alley or body of water 317 over twenty-five (25) feet in width, a fifteen-foot minimum yard 318 shall be required along all lot lines adjoining the residential 319 or apartment district. Category IV landscape screening shall be 32 """']--- 320 required within the yard area. No other uses or structures shall 321 be permitted in such yards. 322 (c) When a zoning lot within the B-2, B-3, B-3A, B-4, e-r 323 B-4C or B-4K District adjoins an 0-1 Office District without an 324 intervening street, alley or body of water over twenty-five (25) 325 feet in width, a ten-foot minimum yard shall be required along 326 all lot lines adjoining the office district. Category I 327 landscape screening shall be required wi thin the yard area. No 328 other uses or structures shall be permitted in such yards. 329 330 Sec. 904. Height regulations. 331 332 (b) Where a zoning lot wi thin the B-2 Community Business 333 District, B-3 Central Business District, B-3A Pembroke Central 334 Business Core District, B-4 Mixed Use District.!.. e-r B-4C Central 335 Business Mixed Use District or B-4K Historic Kempsville Area 336 Mixed Use District adjoins the side or rear yard of a zoning lot 337 in a residential or apartment district without an intervening 338 street or alley over twenty-five (25) feet in width or a body of 339 water over fifty (50) feet in width, the following maximum 340 height regulations shall apply on that portion of the commercial 341 zoning lot within one hundred (100) feet of the adjoining 342 residential or apartment district. In cases where more than one 343 (1) of the following apply, the most restrictive shall apply. 33 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 (1) When adjacent to residential district, the maximum height shall be thirty-five (35) feet. (2) When adjacent to A-12 or A-18 Apartment Districts, the maximum height shall be thirty-five (35) feet. (3) When adjacent to A-24 Apartment District, the maximum height shall be forty-five (45) feet. (4) When adjacent to A-36 Apartment District, the maximum height shall be one hundred twenty (120) feet. (d) Except specified in items ( c) (a) , (b) and as hereinabove, there shall be no maximum height regulations in the B-2, B-3 and B-4 Districts. Wi thin the B-3A Pembroke Central Business Core District, the minimum building height shall be thirty-five (35) feet and the maximum building height shall be four hundred (400) feet. In the B-4C Central Business Mixed Use District, minimum building height shall be thirty-five (35) feet and the maximum building height shall be two hundred (200) feet. In the B-4K Historic Kempsville Area Mixed Use District, the minimum building height shall be twenty-five (25) feet and the maximum building height shall be fifty (50) feet. Sec. 905. Sign regulations. 34 ~___ _._n_ 368 (f) Within the B-4K Historic Kempsville Area Mixed Use 369 District, signs shall be permitted as follows: 370 (1) For each foot of occupancy frontage an 371 establishment shall have no more than sixty one- 372 hundredths (.60) square feet of sign area. No 373 single establishment shall have more than four 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 (2) (3 ) 391 (4) signs, nor more than two (2) signs per building facade, and no individual sign shall exceed sixty (60) square feet in surface area. Any establishment having less than forty (40) feet of occupancy frontage may have one (1) sign not exceeding twenty-four (24) square feet. No such sign shall be allowed above the second story of any building. A sign identifying the entrance to upper-floor residential dwelling units shall be permitted; provided, that no such sign shall exceed eight (8) square feet of surface area, and that the number of signs shall be limited to one (1) sign at street level at each principal entrance. Commercial buildings shall have no more than two (2) building identification signs, and no sign shall have a surface area exceeding one hundred fifty (150) square feet. Such signs shall be 35 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 mounted on or above the third story of the building, but not above the roofline of such building, and only one (1) sign per facade shall be allowed . Additionally, building two (2) building identification signs, not exceeding twenty (20) square feet each, shall be allowed at street level if the building has a street level entrance. (4) Major Tenant Sign Option. For each foot of building footage, a major tenant may have a maximum of one and two-tenths (1.2) square feet of sign area, provided that pedestrian scale features and amenities such as outdoor cafe seating, planters, kiosk areas, fountains, display windows or sculptures are provided on the facade or adjacent thereto. No major tenant shall have a total of more than four (4) signs, nor more than two (2) signs per building facade. (5) All freestanding signs shall be approved by the City Council, as consistent with the general purpose and intent of the design provisions presented in the Historic Kempsville Area Master Plan and any applicable design standards approved by the City Council. 36 ;1------- 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 (6) Signs on building awnings shall not be included in determining the number of building signs permitted, or in determining permissible sign area, if they meet the following criteria: a. Such signs are uniform in font, color, size and style; b. Only the name of the establishment appears on the awning; c. There is only one (1) sign per awning; and Such are no larger than two (2) square feet. d. (7 ) Public or private parking structures and parking garages may have entrance and two (2) one (1) sign per vehicle additional signs. Such signs shall have no more than seventy-five (75) square feet of surface area and shall identify the building on which they are located as a parking structure or parking garage. As used in this section: (8 ) a. "Occupancy frontage" means the exterior length of that portion of a building single one (1) occupied exclusively establishment having at exterior public access; by a least 37 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 b. d. c. "Building identification sign" means a sign which displays only the name of the building on which it is located; "Major tenant" means the space in a building occupied by a single establishment with a building wall height of at least thirty-five (35) feet and with at least one (1) continuous wall containing at least eighty (80) feet of building frontage; and "Building frontage" means the exterior length of that portion a building single of occupied exclusively by a establishment. (9) For all other uses and structures, the following sign regulations shall apply: a. No sign located on or in any window or located behind any window in such a manner as to attract the attention of persons b. outside the establishment, shall have a surface than twenty (20) greater area percent of the surface area of such window, not to exceed sixteen (16) square feet. Signs containing or consisting of graphic or pictorial representations shall be 38 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 c. pe~mitted; provided, however, that the combined surface area occupied by such graphic or pictorial representations shall not be more than twenty (20) percent of the total sign allotment of an establishment or four (4) square feet, whichever is less. For each forty (40) feet of frontage and for each eighty (80) feet of lot line adj oining a street, but not constituting frontage, not more than one (1) sign and not more than a total of sixteen (16) square feet of surface area of permitted; signage however, shall be that no establishment provided, shall have more than two (2) signs of which one (1) may be a freestanding sign; and I2rovided establishment further that no having a frontage of less than one hundred (100) feet shall have a freestanding sign. No freestanding sign shall exceed two (2) faces, neither of which shall exceed thirty- two (32) square feet of surface area, and no sign of any other type shall exceed seventy- fi ve (75) square feet of surface area. Any establishment having less frontage or lot 39 487 488 489 490 line adjoining a street than is required hereinabove may have one (1) sign not exceeding sixteen (16) square feet of surface area. 491 d. Sign regulations pertaining to multiple-family 492 dwellings shall be the same as those applying in the Apartment 493 Districts. 494 e. Where there is an established neighborhood commercial 495 center containing at least five (5) establishments and at least 496 forty thousand (40,000) square feet of land area, there shall be 497 not more than one (1) center identification sign for each 498 principal entrance. No such sign shall have more than two (2) 499 faces, neither of which shall exceed thirty-two (32) square feet 500 of surface area. Such identification sign shall contain only the 501 name of the center. Al ternati vely, such signs may display the 502 names of tenants as well as the name of the center if (i) the 503 portion of a sign on which tenant names are displayed does not 504 exceed sixty (60) percent of the total sign area; (ii) the 505 portion of a sign on which tenant names are displayed is of a 506 uniform color; (iii) the top of the face of such sign does not 507 exceed eight (8) feet in height and the top of any decorative 508 cap on such sign does not exceed ten (10) feet in height; (iv) 509 such sign does not exceed twelve (12) feet in width; and (v) the 510 face of such sign is surrounded by a minimum of six (6) inches 40 511 of framework constructed of a material matching in color and 512 texture the primary exterior building material of the principal 513 514 structure in the center. f. Signs advertising property for sale, lease or rent 515 shall be permitted; provided, however, that no such sign shall 516 exceed sixteen (16) square feet in surface area. Not more than 517 two (2) such signs shall be permitted for any property having 518 more than one hundred (100) feet of lot line at the street 519 right-of-way, and any property having less than one hundred 520 (100) feet of such lot line shall have no more than one (1) sign 521 not exceeding sixteen (16) square feet of surface area. 522 g. Beacon lights or search lights may be permitted for 523 purposes of advertisement of special events for a period not in 524 excess of forty-eight (48) hours. 525 h. To facilitate occupancy in a new neighborhood 526 commercial center containing at least forty thousand (40,000) 527 square feet of land area, there shall be not more than one (1) 528 temporary sign, which shall not exceed thirty-two (32) square 529 feet of surface area. Such sign shall be removed when seventy 530 (70) percent of the property is occupied or leased, or after a 531 period of twenty-four (24) months, whichever event first occurs. 532 533 Sec. 906. Off-street parking regulations. 41 534 Parking shall be required for all uses and structures 535 permitted in the B-1 through B-4€- Ccntr.::ll Buoincoo Hilrcd Doc B- 536 4K Historic Kemps~ill~.!\..E_ea Districts in accordance with section 537 203. For single-family attached (townhouse) developments, no 538 parking area on any lot shall exceed farther than twenty (20) 539 feet from the right-of-way line and no area within a garage, or 540 an enclosed or covered space shall be counted toward meeting 541 off-street parking requirements. 542 Adopted by the City Council of the City of Virginia Beach 543 on the 24th day of January, 2006. 42 1 2 3 4 5 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP BY THE DESIGATION AND INCORPORATION OF THE HISTORIC KEMPSVILLE AREA OVERLAY DISTRICT 6 WHEREAS, the public necessity, convenience, general welfare 7 and good zoning practice so require; 8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 9 OF VIRGINIA BEACH, VIRGINIA: 10 That the official zoning map of the City of Virginia Beach be, 11 and hereby is, amended to designate and incorporate the Historic 12 Kempsville Area Overlay District, as shown on a series of sheets 13 marked and identified as such, and which have been displayed before 14 the City Council this date and are on file in the Department of 15 Planning. 16 Adopted by the Council of the City of Virginia Beach on this 17 24th day of January, 2006. 1 2 3 4 5 AN ORDINANCE COMPREHENSIVE INCORPORATION KEMPSVILLE AREA TO AMEND THE PLAN BY THE OF THE HISTORIC MASTER PLAN 6 WHEREAS, on December 14, 2005, the Planning Commission held 7 a public hearing concerning the amendment of the Comprehensive 8 Plan (the "Plan") by the incorporation of the Historic 9 Kempsville Area Master Plan, and at the conclusion of such 10 public. hearing, recommended that the Plan be amended by the 11 incorporation of the said Historic Kempsville Area Master Plan 12 as an appendix to the Plan; 13 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 14 CITY OF VIRGINIA BEACH, VIRGINIA: 15 That the Comprehensive Plan be, and hereby is, amended and 16 reordained by the incorporation of the Historic Kempsville Area 17 Master Plan, dated January 24, 2006, as an appendix to the 18 Comprehensive Plan. A true copy of the said Historic Kempsville 19 Area Master Plan was exhibited to the Planning Commission on 20 December 14, 2005, and on this day to the City Council. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, on the 24th day of January, 2006. - 42- Item V-M.I. APPOINTMENTS ITEM # 54827 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA January 24, 2006 - 43- Item V-M.2 APPOINTMENTS ITEM # 54828 Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED: Ruby Christian William J. Dale George E. McGovern 3-year term 03/01/2006 - 02/28/2009 PERSONNEL BOARD Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 - 44- Item V-M.2 APPOINTMENTS ITEM # 54829 Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Emmanuel Voces 3-year term 03/01/2006 - 02/28/2009 VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24, 2006 - 45 - Item V-M.3 APPOINTMENTS ITEM # 54830 ADDED Upon NOMINATION by Council Lady McClanan, City Council APPOINTED: Jack Garrison, M.D. 5-year term 01/01/2006 - 08/31/2010 COMMUNITY MEDICAL ADVISORY COMMISSION Voting: 8-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve January 24,2006 - 46- Item V-O. ADJOURNMENT ITEM # 54831 Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:56 P.M. C2J~__t2_7:~~L~_ Beverlyt7b. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor Q:~~~ ~dges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 24, 2006