HomeMy WebLinkAboutMARCH 28, 2006 MINUTES
CITY OF VIRGINIA BEACH
DCOMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DlEZEL Kempsville - District 2
ROBERT M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
.11M REEVE, Princess Anne - District 7
PETER W SCHMIDT, At-Large
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
.lAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CiTY CLERK - RUTH HODGES SMITH, MMC
28 MARCH 2006
I.
CITY COUNCIL COMMENTS
- Conference Room -
3:30 PM
II. REVIEW OF AGENDA ITEMS
III. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
IV. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Captain Dale Parker
Chaplain, Naval Air Station Oceana
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
March 14,2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
I. PRESENTATION
FY 2006-2007 RESOURCE MANAGEMENT PLAN
Catheryn Whitesell, Director, Management Services
J. RESOLUTIONIORDINANCES
1. Resolution to AUTHORIZE and DIRECT the City Manager to execute a Special Order by
Consent re Lake Trant dredging project.
2. Ordinance to AUTHORIZE temporary encroachments by Frank A. and Joanne L. Jacobs
into Treasure Creek to construct, reconstruct and maintain a pier, floating piers, bulkhead,
et cetera, at 2237 Leeward Shore Drive. (DISTRICT 5 - L YNNHA VEN)
3. Ordinance to ACCEPT and APPROPRIATE agrantof$24,000 from theBm and Melinda
Gates Foundation to the Library Department's FY 2005-2006 Operating Budget re
computer equipment upgrade in selected libraries.
4. Ordinance to TRANSFER $179,200 in the FY 2005-2006 Operating Budget from Human
Services Integration - Information Technology to Revenue Assessment and Collections
System re upgrade to the City Treasurer's cashiering system.
K. PLANNING
1. Ordinances re Base Realignment and Closure Commission (BRAC) compliance:
a. ESTABLISH the Ocean a Land Use Conformity Program and IMPLEMENT the
Ocean a Land Use Conformity Committee
b. AMEND Chapter 35.2 of the City Code to ADD Article 2, ~~ 35.2-10 and35.2-11 to
ESTABLISH the APZ-1 TechnologylBusiness Opportunity Zone
c. ADD City Code ~ 35-72.1 and AMEND ~ 35-72 to ESTABLISH the APZ-1
Property Tax Exemption District
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
28 March 2006
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL COMMENTS and REVIEW OF
AGENDA ITEMS Session in the City Council Conference Room, City Hall, on Tuesday, March 28,
2006, at 3:30 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
Jim Reeve
[Entered: 3:10 P.M.]
Richard A. Maddox
[Entered: 3:15 P.M.]
March 28,2006
- 2 -
CITY COUNCIL COMMENTS
3:30 P.M.
ITEM # 55031
Mayor Oberndorf advised last evening, March 27, 2006, the Virginia Wesleyan College Men's
Basketball Team was recognized with a celebration as the 2006 NCAA Men's Division III Champions.
Mayor Oberndoif, City of Virginia Beach, and Mayor Fraim, City of Norfolk, presented
PROCLAMATIONS. President William T Greer, Jr.. and his students are special individuals.
ITEM # 55032
Councilman Villanueva referenced Saturday's (March 25, 2006) Ribbon Cutting Ceremony for the New
Vert Skateboard Ramp at Mount Trashmore. Hundreds of people attended the Park to watch Bucky
Lasek skate the new ramp. Bucky Lasek, is one of today 's top skateboarders and a winner of five (5) X
Games gold medals as well as being the first action sports athlete on the cover of ESPN Magazine.
Council Member Villanueva referenced the attendance of Council Members McClanan and Reeve.
ITEM # 55033
Councilman Dyer referenced the meeting of the Fourth Precinct Citizens Advisory Council on Thursday,
March 23, 2006. The meeting was extremely well attended. There were discussions relative the "gang
markings" in the Glenwood area. The citizens brought photographs of the "markings" depicted on
playground equipment, trees and fences. A representative of Code Enforcement advised funds for graffiti
removal had been depleted. These "markings" must be removed expeditiously. Concerns relative
"shouting out" of car windows in the Fourth Precinct were also expressed.
Council Lady McClanan referenced the correspondence of March 6, 2006, to all City Council Members
from Linda Lavender, President - Magic Hollow Community Association. Linda has a number of
suggestions for the City relative "shooting out of windows" and general unrest in the neighborhood.
The City Manager shall respond and advise.
ITEM # 55034
Mayor Oberndorf referenced attending the Lifesaving Museum of the Old Coast Guard Station. There
were young people utilizing the refurbished stage in the park area as a skateboard ramp, jumping onto
the new freshly laid concrete. The statues of the Naval Aviation Monument are being harmed by the
skateboarders. Mayor Oberndorf requested an Ordinance be drafted to prevent this abuse.
The City Attorney advised this would encompass destruction of property. Associate City Attorney Kathy
D. Rountree has been requested to compose an ordinance.
Councilman Maddox referenced Captain Dennis Free advised surveys were forwarded to citizens and
businesses of the Beach District re crime issues. 70% of the respondents to the survey referenced damage
by skateboarders.
March 28, 2006
- 3 -
AGENDA RE VIE W SESSION
3:40 P.M.
ITEM # 55035
J.1. Resolution to A UTHORIZE and DIRECT the City Manager to execute a Special
Order by Consent re Lake Trant dredging project
Councilman Wood advised this item is an example of a very bad project. The operation was undertaken
for the City by the contractor and subcontractor. The operation was found to be in violation of several
conditions of the dredging permit, and although the violations were committed by the subcontractor, the
State Water Control Board holds the permitee (City) responsible for violations. Significant damage has
been incurred to the wetlands.
Council Lady McClanan referenced several calls of concern. Leona M. Shuler, representing the
Trantwood Lake Corporation, advised she would be attending the City Council Session. Mrs. Shuler
wished to advise City Council of the status. Council Lady McClanan wished to be assured the work would
be accomplished.
Mark Gemender, Director of Operations - Public Works, advised working with the Trantwood Lake
Corporation relative the issues of the drainage project. He met with the Corporation on a monthly basis.
The State Water Control Board, through its enforcement agency, the Department of Environmental
Quality, desires to enter into a Special Consent Order to resolve the violations. The number of
Inspectors have been doubled on this project. The City has insisted the Contractor provide an on-site
representative from the prime contractor. The Trantwood Lake Corporation has indicated the Contractor
is performing much better. The conditions of the Consent Order include the payment of a $30,000 Civil
charge. As some of the areas in Lake Trant need to be cleaned, a plan, in concert with Department of
Environmental Quality, is being developed. The original scope of the contract was $1,022,000, ofwhich
$780,000 has been paid to the contractor. The contractor has remobilized and has not received any
payments since August 2005.
ITEM # 55036
BY CONSENSUS, thefollowing items shall compose the CONSENT AGENDA:
J. RESOLUTION/ORDINANCES
2 Ordinance to AUTHORIZE temporary encroachments by Frank A. and Joanne L.
Jacobs into Treasure Creek to construct, reconstruct and maintain a pier, floating
pier, bulkhead, et cetera, at 2237 Leeward Shore Drive. (DISTRICT 5 -
LYNNHA VEN)
3 Ordinance to ACCEPT and APPROPRIATE a grant of $24,000 from the Bill and
Melinda Gates Foundation to the Library Department's FY 2005-2006 Operating
Budget re computer equipment upgrade in selected libraries.
4 Ordinance to TRANSFER $179,200 in the FY 2005-2006 Operating Budget from
Human Services Integration - Information Technology to Revenue Assessment and
Collections System re upgrade to the City Treasurer's cashiering system.
March 28,2006
- 4-
AGE N DA REV IE W S E S S ION
ITEM # 55037
1. Ordinances re Base Realignment and Closure Commission (BRAC) compliance:
a. ESTABLISH the Ocean a Land Use Conformity Program and IMPLEMENT the
Oceana Land Use Conformity Committee
b. AMEND Chapter 35.2 of the City Code to ADD Article 2,99 35.2-10 and 35.2-11 to
ESTABLISH the APZ-l Technology/Business Opportunity Zone
c. ADD City Code 9 35-72.1 and AMEND 9 35-72 to ESTABLISH the APZ-l Property
Tax Exemption District
d. AMEND the Economic Development Investment Program (EDIP) policy and
procedure re the Ocean a Land Use Conformity program
e. AMEND and REORDAIN Article 18 of the City Zoning Ordinance (CZO), 99 1803 and
1807 (Appendix A), and ADD ~r;9 1808 - 1810 re allowing certain uses that are
conditional in the underlying zoning district as principal uses (APZ-l Incentives
Ordinance)
f AMEND Chapter 1 of the Comprehensive Plan re incorporating voluntary conversion of
certain nonconforming uses to conforming uses in Accident Potential Zone 1 (APZ-l)
g. AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance
(Appendix 1) and ADD 914 re avigation easements within Air Installation Compatible
Use Zones (AICUZ)
h. AMEND the plan for compliance with the BRAC requirements, REQUEST General
Assembly Delegation sponsorship and support for necessary legislation and
AUTHORIZE acquisition in APZ-1 and the Interfacility Traffic Area (AMEND
Ordinance 2914K (ADOPTED by the City Council on December 20,2005)
1. APPROPRIATE $15-Million to fund the City's APZ-1 program and comply with the
BRAC requirements re acquisition and the Oceana Land Use Conformity Plan re shared
State revenue of $ 7. 5- Million
J. AMEND December 20, 2005, Ordinance # 2928B re CIP #9-060 for Conformity and
Acquisition fund - APZ-1lInterfacility Traffic Area (ITA)
Deputy City Attorney Macali distributed an AMENDED version of Item h and an ADD-ON Ordinance
(j). The City Attorney advised Ordinance h. will be discussed during the Closed Session. Item e and f
were heard and approved during a Special Session of the Planning Commission, on March 27,2006.
March 28, 2006
- 5 -
AGENDA RE VIE W SESSION
ITEM # 55038
The following items shall compose the PLANNING BY CONSENT agenda.
K. PLANNING
2. Application of ALCAR, L.L.C. for a Change of Zoninf! District Classification
from AG-l and AG-2 Agricultural Districts to Conditional R-7.5 Residential
District on Nimmo Parkway right-of-way (unimproved) and Rockingchair
Lane. (DISTRICT 7 - PRINCESS ANNE).
5. Application of LEO LUONG for a Conditional Use Permit for an automobile
repair garage (body work) at 3440 Chandler Creek Road, Unit 102 (DISTRICT
3 - ROSE HALL)
6 Application of VIRGINIA BEACH CITY CENTER, L.L.c. at 4752 Virginia
Beach Boulevard (DISTRICT 4 - BA YSIDE)
a. Change of Zoning District Classification from B-3 Central
Business District to Conditional B-4C Central Business Mixed
Use District to construct a mid-rise mixed use building
containing retail, offices and residential condominiums.
b. Conditional Use Permit for multi-family dwellings
7. Application of BELINDA KELTON for a Conditional Use Permit for a
residential kennel at 1665 Nanneys Creek Road. (DISTRICT 7 - PRINCESS
ANNE)
Item K.2 will be DEFERRED INDEFINITELY, BY CONSENT.
Council Lady Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and
Company and earns compensation which exceeds $10,000.00 annually. Goodman and Company
previously provided services to ALCAR, L.L.c., although, her husband did not personally provide
services to ALCAR, L.L.c. ALCAR, L.L.c. is no longer a client of Goodman and Company, she could
participate in the best interest of the City.
Council Lady McClanan shall vote a VERBAL NAY on Item K.6a/b
Item K. 7. will be WITHDRAWN, BY CONSENT
ITEM # 55039
Mayor Oberndorf advised on May 2, 2006, the City Council Sessions are CANCELLED re the the
Councilmanic Election
March 28, 2006
- 6 -
ITEM # 55040
Mayor Meyer E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED
SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MA TTERS: Discussion, consideration or interviews of prospective candidates for
employment, assignment, appointment, promotion, peiformance, 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
Human Rights Commission
Investment Partnership Advisory Committee - PPEA
Meal Tax Task Force
Social Services Board
Southeastern Public Service Authority
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 afJect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.2-3711 (A)(3).
Acquisition/Disposition of Property - Beach District
LEGAL MATTERS: Consultation with legal counselor briefings by stafJmembers, consultants, or
attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the
provision of legal advice by counsel pursuant to Section 2.2-3711 (A)(7).
BRAC
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (4:12 P.M.).
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 4:12 P.M. - 5:40 P.M.)
(Dinner: 5:40 P.M. - 6:00 P.M.)
March 28,2006
- 7 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 28,2006
6:00 P.M.
Mayor Meyer E. Oberndoif called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 28,2006, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
Mc Clan an, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Absent:
None
INVOCA TION: Captain Dale Parker
Chaplain, Naval Air Station Oceana
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of
Goodman and Company and is directly and indirectly involved in many of Goodman and Company's
transactions. However, due to the size of Goodman and Company and the volume of transactions it
handles in any given year, Goodman and Company has an interest in numerous matters in which her
husband is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and of which she does not have personal knowledge. In order to ensure her
compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act,
it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of
identifYing any matters in which she might have an actual or potential conflict. If, during her review she
identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the
official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady
Wilson's letter of January 27, 2004, is hereby made a part of the record.
March 28, 2006
- 8 -
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM# 55041
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered
by Virginia Beach City Council.
Voting:
11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter
W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28,2006
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 # 55040, page 6, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 ofthe Code of Virginia requires a certification by the governing
body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOL VED: 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.
Hd---
th Hodg s Smith, MMC
City Clerk
28 March 2006
- 9 -
Item V- F.1.
MINUTES
ITEM #55042
Upon motion by Councilman Maddox, seconded by Councilman Dyer, City Council APPROVED
Minutes of the INFORMAL AND FORMAL SESSIONS of March 14, 2006.
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28,2006
- 10-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #55043
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
ADDED:
AMEND December 20, 2005, Ordinance # 2928B re CIP #9-060 for
Conformity and Acquisition fund - APZ-l/lnterfacility Traffic Area
(ITA)
March 28,2006
- 11 -
Item V-G. 2.
RECOGNITION
ITEM #55044
Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their Citizenship in the
Community Merit Badge:
Troop 66
Sponsored by the Kempsville Ruritan Club
George Incheck
Committee Chairman
Duane Stanfield
Scoutmaster
Les Heinke
Assistant Scoutmaster
Bill Werner
Assistant Scoutmaster
Keith Hale
Assistant Scoutmaster
Robert Heinke
Jon Rooney
Paul Schirmer
Phillip Jones
Jeramey McCandlish
Nitesh Arora
Kurt Jansohn
Emmanuel Hale
Michael Hale
Jim Slesinger
Dany Rawles
John Kielbowicz
Wayne Werner
Andrew Incheck
Ryan Collins
Tyler Brooks
Stephen Patrick
Brandon Debevic
Councilman Diezel advised approximately twenty (20) years ago, the City Council recognized and
congratulated eight (8) Eagle Scouts from Troop 66. At this time, this was the largest number of Eagle
Scouts generated by any Troop. Mayor Oberndorf advised one of the Eagle Scouts was Councilman
Diezel's son.
March 28,2006
- 12 -
Item V-G.3.
ADD-ON
ITEM #55045
Upon motion by Vice Mayor Jones, , seconded by Councilman Dyer, City Council ADDED to the
Agenda as Item K.1 j. under PLANNING (Ordinances re Base Realignment and Closure Commission
(BRAC) compliance.
AMEND December 20, 2005, Ordinance # 2928B re CIP #9-060 for
Conformity and Acquisition fund - APZ-1/Inteifacility Traffic Area (ITA)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2006
- 13 -
Item V-I.
PRESENTATION
ITEM #55046
FY 2006-2007 RESOURCE MANAGEMENT PLAN
The City Manager advised the City Manager's Proposed Biennial Resource Management Plan concerns
priority choices. Discussion is anticipated, both at the City Council level and within the community,
which will revolve around the unprecedented growth in real estate assessments. The City Council must
carefully consider the rising cost of delivering quality services, increasing infrastructure costs and
education while contemplating the burden to taxpayers. During the past three (3) years, the staff has
been able to recommended real estate tax reductions as well as increases to the elderly/disabled tax
relief For FY 2006-07, the proposed Operating Budget includes a reduction in the real estate tax rate
to 99~, which is a tax reduction of approximately 3.4~ for a total reduction of 2# over three (3) years.
The City Manager advised three (3) volumes (Executive Summary, Operating Budget and Capital
Improvement Plan) and a disc have been distributed to City Council. A pocket summary has also been
distributed.
Catheryn Whitesell, Director - Management Services cited the overview of the FY 2006-2007 Resource
Management Plan:
. Objectives Used to Frame Resource Decisions
. Barriers to Achieving Those Objectives
. Recommended Strategies
. Base Budget vs Above the Base
. Capital Improvement Program
. Workshops and Public Hearings
The FY 2006-2007 Resource Management Plan is on the City's website: www.vbJ!ov.com (posted at
6:00 P.M., tonight - March 28, 2006.
Objectives Used to Frame Resource Decisions
. Maintain and be able to sustain current community services
. Reduce real estate tax rate
. Adequately compensate employees
. Meet existing commitments/agreements
. Save remaining debt for strategic projects
BARRIERS
. Rising cost for fuel, utilities, steel, asphalt, and concrete (approximately
($4.3-Million next year for fuel and energy) (Cost increases of $24-Million
six years of Capital Improvement Program (CIP) for steel/asphalt/concrete)
. Increasing demand for City services
. BRA C requirements
. State's continued under-funding of their employees and programs
. Increasing pension and health care costs
. Existing revenue dedications to Schools, Resort programs, Sandbridge TIF,
ARP, recreation centers
March 28, 2006
- 14 -
Item V-L
PRESENTATION
ITEM #55046 (Continued)
FY 2006-2007 RESOURCE MANAGEMENT PLAN
Contributing to the challenges to maintaining service delivery is the fact that the State continues to
under-fund their program responsibilities forcing the City to pick up more of the costs to deliver court
services, educational programs and constitutional offices.
The City, like many employers, is facing rising costs for pensions and health care for employees. With
over 17,500 employees between the City and School systems, cost increases in these areas are not
insi!!nificant.
The final barrier is that core services, such as road maintenance and public safety, are relying more and
more on the real estate tax rate while other services have specific dedicated revenue streams to support
them.
RECOMMENDED STRATEGIES
1. Fund BRAC requirements ($7.5-MILLION in local funding) BEFORE the City/School
Revenue Sharing Formula
2. Declare $9-Million of Sandbridge TIF unneeded to sustain the sand replenishment
program and reduce the real estate tax surcharge to 6f
. The $9-Million in General Fund Balance would be split between the City and
Schools CIP
3. Reduce dedicated real estate funding streams
. Agriculture Reserve Program (ARP) from 1 f to 0.9f
. Recreation Centers from 3.8f to 3.7f
. Outdoor Initiativefrom 0.7f to 0.5f
4. Any reductions in funding needed are taken in the CIP in each of the 6 years
to protect current services
5. Cut the real estate tax rate from current $1.0239 to 99f
. Total reduction of23f over 3 years
6. Add new programs and staff ONLY where previously authorized or where
new revenues are available
The value of Oceana to both the City and Schools is more than direct funding, it is the volunteer support
that members of Oceana provide to schools, to Little League programs, to emergency services, to
community businesses
A complete list of the items (in the Base Budget and above the Base with associated real estate tax rates)
are depicted in priority order of the Executive Summary.
March 28,2006
- 15 -
Item V-L
PRESENTATION
ITEM #55046 (Continued)
FY 2006-2007 RESOURCE MANAGEMENT PLAN
Base Budget
. Real estate tax revenue held to FY 2006 amountfor BOTH years of the Biennium
- $59.3-Million in year one and $119.6 million in year two is "above the base"
- Base Real Estate tax rate is 86f in year one and 76f in year 2
. All other revenues grow by 6.1% or $67-Million in year one and by an additional $30-Million
in year two
. Included in the "Base" are:
- Once a week trash collection and twice a month recycling
- Police, Fire, and EMS services
- 5 Recreation Centers
- 11 Libraries and 1 Bookmobile
- Maintenance of 3,486 miles of roadways
- Staffing for 88 schools
- Programs for disadvantaged residents
- Mowing of roads and parks
- Maintenance of 3,027 miles of water and sewer pipe
- Court and jail services
. Not in the Base, but in the Biennial Budget
- Local BRAC funding
- Increases in compensation for City and School employees
- Existing commitments
- Opening new facilities
- Restoring roadway landscape services
- City funding for prenatal care for indigent mothers
BIENNIAL BUDGET
Revenues
. Real Estate & Personal Property
. Other Local Revenues
. State
. Federal
. Non-local Revenues
Total Revenues: (Billion)
Appropriations
. Personnel
. Operations & CIP Pay-As-You-Go
. City and School Debt Service
. City General Reserves
. Reduction to School Budget
Total Appropriations (Billion)
FY 2006-07 FY 2007-08
$ 591.2 $ 663.2
440.9 456.2
483.1 488.3
106.9 108.0
17.0 18.8
$ 1,639.1 $ 1,734.5
$ 1,027.5 $ 1,093.0
476.1 485.9
124.2 136.2
18.4 27.6
-7.1 -8.2
$ 1,639.1 $ 1,734.5
March 28, 2006
- 16 -
Item V-I.
PRESENTATION
ITEM #55046 (Continued)
FY 2006-2007 RESOURCE MANAGEMENT PLAN
Overall, the Operating Budget has increased by 9%. Approximately one-half of the funding received
goes directly to the School system to fund educational services. Over $1-BILLION of the $1.6-BILLION
Operating Budget is in payroll for the City and School system.
Biennial Budget
. Items not included in the Biennial Budget:
- Additional staff for public safety departments
- Additional pay-as-you-go funding for a local transportation program
- Security system for the Contemporary Arts Center
- Full funding for the operation and maintenance of historic homes
- Funding for redevelopment programs
- An "after-school" program for autistic children
- Increase books and materials for libraries
- Funding for the Minority Business Council Education and Awareness Program
- Additional staff to address increasing demand for vector control services on public
property
- Increase costfor maintenance of infrastructure
A complete listing of the items not included is depicted in the "Requested But Not Funded Section" in
the Introduction portion of the Operating Budget.
School Budget
. Reduction to School Board adopted Budget & CIP
- Reduction in the real estate tax rate from $1.0239 to 99~
- BRAC funding before the application of the City/School Revenue Sharing Formula
- Reduction in pay-as-you-go funding to CIP and its replacement with General Fund
Balance
(These three (3) adjustments resulted in a reduction of $ 7. I-MILLION to the School's
Operating Budget)
. Elimination of a new project to replace one of the City's oldest high schools
. Local contribution to School Operating Budget is $161-Million over required level
Capital Improvement Program
. The Capital Improvement Program was significantly impacted by:
- increased construction costs
- the need to sustain the FY 2006 real estate tax rate over the six year program
. There is a $29.5-Million reduction in the Capital Budgetfrom FY 2006 to FY 2007
. Use of debt remains unchanged from current Capital Improvement Program (CIP)
March 28, 2006
- 17 -
Item V-I.
PRESENTATION
ITEM #55046 (Continued)
FY 2006-2007 RESOURCE MANAGEMENT PLAN
Capital Improvement Program
Revenues
. Local Revenue
. State Revenue
. Bonds/Lease Purchase
. Utility Revenues & Bonds
. Fund Balance
. Other Revenues
Total Revenues (Billion)
Appropriations
. City General Improvements
. BRAC Compliance
. School Improvements
. Utilitv Improvements
Total Appropriations (Billion)
Capital Improvement Program
Years 1 - 6
$ 238.4
224.7
369.4
189.6
73.5
15.2
$1,110.8
469.0
90.0
358.3
193.5
$1,110.8
. To offset the loss of pay-as-you-go funding and the increases in construction costs, the
following projects are eliminated:
- Blackwater and Chesapeake Beach Fire and Rescue Stations
- Various replacement technology projects
- Aquarium Elevated Crosswalk
- Town Center Pedestrian Bridge
- Leroy Drive Facility Replacement
- Fourth Police Precinct
. New projects added:
- Oceana and Interfacility Traffic Area Conformity and Acquisition
- Access Road for the new Elementary School in Bayside
- Sandbridge Beach Access Improvement and Sand Management
With the proposed construction of the new Elementary School in the Bayside area, the City is providing
funding through both the roadways section and the Parks and Recreation sections of the Capital
Improvement Program to construct the access road for the school. This road will provide access to the
elementary school and the new park facilities. With the overall changes being recommended to the
Sandbridge TIF and Special Services District, the staff is proposing a new project to remove sand from
the streets and to reconstruct beach access points.
March 28,2006
- 18 -
Item V-I.
PRESENTATION
ITEM #55046 (Continued)
FY 2006-2007 RESOURCE MANAGEMENT PLAN
Conclusion
. Reduce the real estate tax rate
- BRA C costs, VRS, and Fuel raised the cost of government by over 5 tf on the Real Estate
Tax Rate
. Maintain current services to the community
. Provide compensation to all employees
. Avoided use of debt, thereby saving the remaining capacity for strategic projects
Compression adjustments for public safety employees, per Council direction and compression
adjustments for the remainder of the workforce are provided. Increases in the City's health care
contribution, a 1.5% general increase to all employees on July First and an additional 3% merit
increase on anniversary dates are also provided.
The remaining debt capacity has been reserved for strategic projects such as the Southeastern Parkway,
an expansion of the Landfill, or acquisition of the Norfolk and Southern right-ofway
Because the City's reliance on the State for support to programs is increasing, staff is anxiously
monitoring the Special Session of the General Assembly. How they resolve their budget situation and
address transportation issues can have serious ramifications on local budgets. Once they have completed
their work, (probably some time in early May), adjustments will need to be made in the proposed
Operating Budget and Capital Improvement Program.
Workshops and Public Hearings
. April 11th Workshop
. April 18th Workshop
. April 20th Workshop (3pm at the Convention Center)
. April 20th Public Hearing (6:30pm at Bayside High School)
. April 25th Workshop
. April 25th Public Hearing (6pm in Council Chambers)
. May 3rd Reconciliation Workshop (3pm in Council Conference Room)
. May 9th Vote on the Resource Management Plan
A concise list offunded and unfunded State and Federal Mandates was requested. A graphic description
of the rising cost of fuels and energy was requested. Copies of the Virginia Beach City School's Budget
shall be provided.
The City Manager advised the City-wide office space study is in progress and probably available within
the next six (6) months. There is nofunding recommended to address any of the many office needs.
The Presentation of the FY 2006-2007 RESOURCE MANAGEMENT PLAN was conducted after the
City Council's consideration of all other items contained within the Formal Session.
March 28, 2006
- 19 -
Item v.J
RESOLUTION/ORDINANCES
ITEM #55047
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 2, 3 and 4 of the CONSENT AGENDA.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28,2006
- 20-
Item V.J.l.
RESOLUTION/ORDINANCES
ITEM # 55048
Leona M. Shuler, 2448 Rose Hall Drive, Phone: 481-5371, represented the Trantwood Lake Corporation,
and advised she did not have a problem with the City re executing a Special Order by Consent. However,
she is concerned re certain items which require resolution. The Contractor has taken some of the
dredged materials from the Lake and placed that in other areas. Their equipment has also pushed some
of the dredged materials onto residents' shallow property. These areas have not been restored. Design
flaws also exist as some of the residents are not going to have this dredging accomplished. Mrs. Shuler
shall provide correspondence detailing their concerns. A Public Meeting with the City is scheduled at
Trantwood Elementary School, Thursday, April 6, 2006, at 7:00 P.M
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to AUTHORIZE and DIRECT the City Manager to execute a
Special Order by Consent re Lake Trant dredging project
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
March 28,2006
1
2
3
4
5
6
7
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE A SPECIAL ORDER BY CONSENT
CONCERNING THE LAKE TRANT DREDGING
PROJECT
WHEREAS 1 within the boundaries of the City of Virginia
8 Beachl there is a 33 acre lake known as Lake Trant ("the Lake");
9 and
10
WHEREAS 1 the City applied for and was granted a
11
Virginia Water Protection Permit
("Permi t")
to maintenance
12 dredge the Lake to improve its ability to accept stormwater
13 runoff; and
14
WHEREAS 1 the Department of Environmental QualitYI on
15 November 171 2005 and January 271 2006 issued Notices of
16 Violations of the conditions and terms of the Permit to the City
17 of ,virginia Beach; and
18
WHEREAS 1
al though the work was performed by a
19 subcontractor 1 which committed the violations 1 the State Water
20 Control Board holds the City 1 as the permi tee 1 responsible for
21 violations of the terms of the Permit 1 including the placement
22 of unpermitted fill in the Lakel unpermitted depositing of fill
23 from barges and stockpiles into the Lakel and failures to report
24 and notify the Department of Environmental Quality of certain
25 information; and
26
WHEREAS 1 the City of Virginia Beach and the State
27 Water Control Boardl
through its representatives at
the
28 Department of Environmental Quality 1 desire to enter into a
29 Special Order by Consent to resolve these violations;
30
NOW 1 THEREFORE 1 BE IT RESOLVED BY THE COUNCIL OF THE
31 CITY OF VIRGINIA BEACH 1 VIRGINIA:
32
That the Council authorizes and directs the City
33 Manager or his designee to execute the Special Consent Order on
34 behalf of the City of Virginia Beach.
35 Adopted by the Council of the City of Virginia Beachl
36
Virginial on the
28th
day of
March
1 2006.
CA-9968
OID/ordres/consent order.doc
R-2
March 221 2006
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
hdW !1!/d
City Attorney/s Office
2
Special Order by Consent between
City of Virginia Beach ("City")
and
State Water Control Board ("SWCB")
SUMMARY OF TERMS
Purpose:
To resolve the violations by the City of the City's Virginia Water
Permit No. 04-1239, involving the dredging of Lake Trant.
Premises:
Lake Trant is a 33 acre lake located in the City of Virginia Beach.
Term:
The City will have 30 days from the date of the adoption of the
Special Consent Order by the SWCB to fulfill the obligations listed
below.
Responsibilities of the City:
. Pay a civil charge of $30,000.
. Comply with the conditions of the VWP Permit for the continued
dredging of Lake Trant.
. Provide DEQ with a plan for restoration of the filled portions of Lake
Trant and implement the plan.
X:\OID\LAND USE DIVISION - Team Z\Ordinances & Resolutions Prepared for Council\Consent ST.doc
- 21 -
Item V.J.2
RESOLUTION/ORDINANCES
ITEM # 55049
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE temporary encroachments by Frank A. and
Joanne L. Jacobs into Treasure Creek to construct, reconstruct and
maintain a pier, floating piers, bulkhead. et cetera, at 2237 Leeward
Shore Drive. (DISTRICT 5 - LYNNHA VEN)
The following conditions shall be required:
1. The temporary encroachment shall be constructed and maintained in accordance with the
laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance
with the City's specifications and approval.
2. The temporary encroachment shall terminate upon notice by the City to the applicant and,
within one hundred eighty (180) days after such notice is given, the temporary
encroachment must be removed from the encroachment area by the applicant and the
applicant will bear all costs and expenses of such removal.
3. The applicant shall indemnifY and hold harmless the City, its agents and employees from
and against all claims, damages, losses and expenses, including reasonable attorney's
fees in case it shall be necessary to file or defend an action arising out of the location or
existence of the temporary encroachment.
4. Nothing herein contained shall be construed to enlarge the permission and authority to
permit the maintenance or construction of any encroachment other than that specified
herein and to the limited extent specified herein, nor to permit the maintenance and
construction of any encroachment by anyone other than the applicant
5. The applicant agrees to maintain the temporary encroachment so as not to become
unsightly or a hazard.
6. The applicant must obtain a permit from the Planning Department prior to commencing
any construction within the encroachment area.
7. The applicant shall obtain and keep in force all risk property insurance and general
liability or such insurance as is deemed necessary by the City, and all insurance policies
must name the City as additional named insured or loss payee, as applicable. The
applicant must also carry comprehensive general liability insurance in an amount not
less than Five Hundred Thousand Dollars ($500,000), combined single limits of such
insurance policy or policies. The applicant must provide endorsements providing at least
thirty (30) days written notice to the City prior to the cancellation or termination of, or
material change to, any of the insurance policies. The applicant assumes all
responsibilities and liabilities, vested or contingent, with relation to the temporary
encroachment
March 28, 2006
- 22-
Item V.J.2
RESOLUTION/ORDINANCES
ITEM # 55049 (Continued)
8. The applicant shall submit for review and approval a survey of the area being encroached
upon, certified by a registered professional engineer or a licensed land surveyor and/or
"as built" plans of the temporary encroachment, sealed by a registered professional
engineer, if required by the City Engineer's Office or the Engineering Division of the
Public Utilities Department.
9. The City, upon revocation of such authority and permission so granted, may remove the
temporary encroachment and charge the cost thereof to the applicant and collect the cost
in any manner provided by law for the collection of local or state taxes; may require the
applicant to remove such temporary encroachment; and, pending such removal, the City
may charge the applicant for the use of such portion of the City's right-ofway
encroached upon the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the applicant; and if such removal shall not be made within
the time specified by the Agreement, the City shall impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that such temporary
encroachment is allowed to continue thereafter; and, shall collect such compensation and
penalties in any manner provided by law for the collection of local or state taxes.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2006
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO
5 A PORTION OF CITY PROPERTY
6 KNOWN AS TREASURE CREEK BY
7 FRANK A. JACOBS AND JOANNE L.
8 JACOBS, THEIRS HEIRS, ASSIGNS
9 AND SUCCESSORS IN TITLE
10
11 WHEREAS, Frank A. Jacobs and Joanne L. Jacobs desire to
12 construct, reconstruct and maintain a pier, floating piers,
13
bulkhead,
return,
riprap and existing pilings within City
14 property known as Treasure Creek and located at the rear of 2237
15 Leeward Shore Drive.
16
WHEREAS , City Council lS authorized pursuant to 55 15.2-
17 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
18 authorize temporary encroachments upon the City's property
19 subject to such terms and conditions as Council may prescribe.
20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22
That pursuant to the authority and to the extent thereof
23 contained in 55 15.2-2009 and 15.2-2107, Code of Virginia, 1950,
24 as amended, Frank A. Jacobs and Joanne L. Jacobs, their heirs,
25 assigns and successors in title are authorized to construct,
26 reconstruct and maintain temporary encroachments for a pier,
27 floating piers, bulkhead, return, riprap and existing pilings in
28 the City's property as shown on the map marked Exhibit "AU
29
attached hereto and entitled:
"ENCROACHMENT PLAT 2237 LEEWARD
30 SHORE DRIVE PROPOSED WATERFRONT IMPROVEMENTS FOR FRANK JACOBS
31 VIRGINIA BEACH, VIRGINIA," a copy of which is on file in the
32 Department of Public Works and to which reference lS made for a
33 more particular description; and
34
BE IT FURTHER ORDAINED, that the temporary encroachments
35 are expressly subject to those terms, conditions and criteria
36 contained in the Agreement between the City of Virginia Beach
37 and Frank A. Jacobs and Joanne L. Jacobs (the "Agreement"),
38 which is attached hereto and incorporated by reference; and
39
BE IT FURTHER ORDAINED, that the City Manager or his
40
authorized
designee
lS
hereby authorized to
execute
the
41 Agreement; and
42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in
43 effect until such time as Frank A. Jacobs and Joanne L. Jacobs
44 and the City Manager or his authorized designee execute the
45 Agreement.
46 Adopted by the Council of the City of Virginia Beach,
47
Virginia, on the 28th day of
March
, 2006.
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~atrnu c. ~h.
S G ATURE
pw real &M
DEPARTMENT
{oYJ
liiaa ~ tfJhritow
CITY A TORNEY
CA-9833
X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA9833 Jacobs.doc
R-l
February 22, 2006
X:IOIDIREAL ESTATEIEncroachmentslPW ordinanceslCA9833 Jacobs.doc
PREPARED BY VIRGINIA BEACH
CITY AITORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-81 1 (c) (4)
THIS AGREEMENT, made this 23rd day of December, 2005, by and between the
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
FRANK A. JACOBS and JOANNE L. JACOBS, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one.
WIT N E SSE T H:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as Lot "210", Section Two, Bay Island Subdivision and being
further known, designated and described as 2237 Leeward Shore Drive, Virginia Beach, Virginia
23451 (GPIN 2409-19-5768);
WHEREAS, it is proposed by the Grantee to construct, reconstruct, and maintain
a pier, floating piers, bulkhead, return, riprap and existing pilings, collectively "Temporary
Encroachment", in the City of Virginia Beach;
WHEREAS, in constructing, reconstructing, and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing City
property known as Treasure Creek, the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachment within the Encroachment Area.
GPIN: No GPIN Assigned (Treasure Creek)
2409-19-5768-0000
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the
Grantee permission to use the Encroachment Area for the purpose of constructing,
reconstructing, and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed, reconstructed, and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications and
approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as shown
on that certain plat entitled: "ENCROACHMENT PLAT 2237
LEEWARD SHORE DRNE PROPOSED WATERFRONT
IMPROVEMENTS FOR FRANK JACOBS, VIRGINIA BEACH,
VIRGINIA," a copy of which is attached hereto as Exhibit "A" and
to which reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment
from the Encroachment Area in the event of an emergency or public necessity.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within one hundred
eighty (180) days after the notice is given, the Temporary Encroachment must be removed from
the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of
such removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses
2
and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an
action arising out of the location or existence ofthe Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall
be construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain
the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Planning Department prior to commencing any construction within the Encroachment
Area.
It is further expressly understood and agreed that the Grantee must obtain and
keep il1 force all-risk property insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the City as additional named insured
or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability
insurance in an amount not less than $500,000.00, combined single limits of such insurance
policy or policies. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of, or material change to, any of
the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of the Encroachment Area, certified by a registered professional
3
engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment
sealed by a registered professional engineer, if required by either the City Engineer's Office or
the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the City, upon revocation of
such authority and permission so granted, may remove the Temporary Encroachment and charge
the cost thereof to the Grantee, and collect the cost in any manner provided by law for the
collection of local or state taxes; may require the Grantee to remove the Temporary
Encroachment; and pending such removal, the City may charge the Grantee for the use of the
Encroachment Area, the equivalent of what would be the real property tax upon the land so
occupied if it were owned by the Grantee; and if such removal shall not be made within the time
ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One
Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, Prank A. Jacobs and Joanne L. Jacobs, the said
Grantee, have caused this Agreement to be executed by their signature. Further, that the City of
Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City
Manager and its seal be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Managerl Authorized
Designee of the City Manager
4
(SEAL)
ATTEST:
City Clerk
/
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
, 200t by
, CITY MANAGER! AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 200~ by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
5
('i
STATE OF VIRGINIA/ ~
CITY Ie OTJi'TT}' OF Yi.A..~ ()J.r..~wit:
The foregoing instrument was acknowledged before me this C?~~f
~2005, by Frank A. Jacobs and Joanne L. Jacobs.
IU.
Notary Public
My Commission Expires:
~~1~ GC:inw~3sl(}!!
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~::. ~~~
PW ~qi tsfc&-c:
DEPARTMENT
~'()
Ijj(jlv ~ !JJuJtoN
X:\Projects\Encroachments\Applicants\Jacobs, Frank #1388 Leeward Dr- RAB\Agreement Encroachment.Fnn.doc
6
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AREA OF ENCROACHMEN1S
EXISTING = SOS S.F.
PROPOSED = 2961 S.F.
30.6% CHANGE
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DATE: 12/13/04
ENCROACHMENT PLAT
2237 LEEWARD SHORE DRIVE
PROPOSED WATERFRONT
IMPROVEMENTS
FOR
FRANK JACOBS
L&~...:.."\~.i.
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DESIGNED: TaL
DRAWN: GMT
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PROJ. #: 2004-031
VIRGINIA BEACH.
VIRGINIA
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LangIey&:MCDould. IDe
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309 Lynnhaven Parkway
VLrginia Beach, VA 23452
PH, (757) 46>4306 FlU(, (757) 46:5-3563
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CHESAPEAKE BA Y
FIRST LANDING
STA TE PARK
BROAD BA Y
VICINITY MAP
SCALE ," = 2000'
SEQUENCE OF CONSTRUCTION
, . DEMOLITION OF A PORTION OF EXISTING BULKHEAD.
2. CONSTRUCTION OF NEW BULKHEAD.
3. CONSTRUCTION OF NEW RIPRAP.
4. CONSTRUCTION OF NEW PIER.
2 WEEKS
8 WEEKS
6 WEEKS
6 WEEKS
PURPOSE : NEW PIER(S), BULKHEAD
AND RIPRAP REVETMENT
DATUM : NGVD29 (72) = 0.0
ADJACENT PROPERTY OWNERS
(]) MAUME
o NOWELL
<3> COOPER
PERMIT APPLICATION
VICINITY MAP
Langley and McDonald, Inc
Engineers Planners Surveyors
309 LYNNHAVEN PARKWAY
\lRGINIA BEACH. VIRGINIA 23452
757-463-4306 (FA~\.') 757-463-3563
IN : TREASURE CREEK
AT: 2237 LEEWARD SHORE DRIVE
CITY/COUNTY : VIRGINIA BEACH
APPLlCA TlON BY :
FRANK JACOBS
DATE: DECEMBER 13, 2004
SCALE: 1" = AS NOTED
SHT. 1 OF 4
PROJ. 2004-031
- 23 -
Item V.J.3.
RESOLUTION/ORDINANCES
ITEM # 55050
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a grant of $24,000 from
the Bill and Melinda Gates Foundation to the Library Department's FY
2005-2006 Operating Budget re computer equipment upgrade in
selected libraries.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28,2006
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $24,000 FROM THE BILL AND MELINDA GATES
3 FOUNDATION TO THE FY 2005-06 OPERATING
4 BUDGET OF THE LIBRARY DEPARTMENT TO
5 UPGRADE COMPUTER EQUIPMENT IN SELECTED
6 LIBRARIES
7
8
9 WHEREAS, the Bill and Melinda Gates Foundation has awarded
10 a $24,000 grant to the Library Department to upgrade computer
11 equipment in selected libraries.
12
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
13 OF VIRGINIA BEACH, VIRGINIA:
14
1.
That $24,000 is hereby accepted from the Bill and
15 Melinda Gates Foundation and appropriated to the FY 2005-06
16 Operating Budget of the Library Department to upgrade computers
17 in selected libraries.
18
2 .
That estimated revenue from donations ~s hereby
19 increased by $24,000.
20
Adopted by the Council of the City of Virginia Beach,
21 Virginia, on the 28th day of
March
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
--:J~U,~
Management Services
CA9941
X:\PA\GG\OrdRes\Gates Foundation Grant ORD
R-2
March 16, 2006
BILLdv1vtELINDA
G__A:TE Sfounda doh
I
~
February 22, 2006
Ms. Marcy Sims
Director
Virginia Beach Public Library
2416. Courthml'ie Dn'le
Munici.palCentu, BllildingI9
Virginia-Beach, YA23456
Re: Grant Numixi" 41599
De2.f Ms. Sims,
The Gloha] Librarics.Programof the Bill & MdindaGale.s Foundation (the "Foundation")' is pteasedw
award the Vir'gil1ia ..Beach Public Libraryal!on~renewableprojcct supportgrnnt in the a.lMtmt of
$24,OOD.OO for the period from. Man~h 31,.2006 to l.)~ernber 31, 2008.Jh~e ... urpose of the grant is to
provl.'.de.-s. 'US. tainabl e pu bUe .access computer hatdware. andsQftwar<; Hi'~~~~~~~o pre. V.io.us . g. rrantees .in the
m.mnerdescribed in the application you.provided. us dated December .19,20 .6.(the"'Apt~1icati<)n")<
Tax-Exempt Status. Virginia lkach Public Library .c~lOfinns that it is . a state. orIQcalguvemment. p.nr t,
or a political su!xHvis!on thereof,undersections 170{b )(l)(A)(v) and 170(c)( 1 )of the Internal. Revenue
Code of1986 (the "Coo..e"). \Veaskthatyou a.dvisellsifunled"iately lfthereisanychangeil1 your
organl2atipn's exempt status. during the term of this grant.
tJseofGrl:mt Funds. . Virginia Beach Pub1icLibrary agrees to use the grant funds,. and earnings
"thereol'. solely fOrlhep:Jtposes, and 111 the manner, described in the AppUc:atitm, and subject to the
terms and condHions of this grant agreement. Gnmt flmds may not heexpeilded, borrowed (inter"fund.),
pledged or transferred for reasons .l)therthan carrying out the projec.t.Granf flltlds may:not iy~ used for
1 Qbbying. Any increase Of de,erease: to a hudget line item of mpre than 10% must be approved by . the
Foundatiou.Any pottiOl1 of the grant funds unexpended oruncommltrea at th~endofttle grant period,
or usedfof pllrposesorin'anyman:l(':F ot.herthanthosedescribcd in the AppHcation, must be returned
promptl y to the Pcm.ndation.
P.aymentof Grant Funds. Upon recciptofa countersignedorigim\lofthis grantagl"ecment,the
Foundation.'Nill issue a one-time pllym<mt, via check,. in the amount of $24,000.00
Relmrtii;lg. We askthatVkgi:niaBeachPublicUbrary provide us with a writt.enrer;.ort signedhyan
authori:<~ed offk'~r ofy,-,urotganization in accordancev.,'ith the schedule below. Your reports should be
sent to the attention of Christopher Jowai sas, Associate Program Officer. Using the attached Reporting
Requirements document the narrati ve portion ofYQur report should provide adctailed description of
what was accomp1ishedwith the grantfunds. Thefinancialport1ou of your reports.hould describe all
expenditures of the grantfunds and any incomeearrn-40fl thosefl"lnds.
PO EbX 233.50
SM:t/.e, WasbingTrJn 98/02
U.S.A.
Y.E061o!J.}1 OJ)
f206:70:3..3I80
i.:..\u.rv.,:t~~t!{ll.;!~N:ia(.i(Jf;. mg"
Report Due. Dnt~
ldL@2!.~ilil9
'.- (~li~~T'.'.~-=~'.'~_~~"'-"":"J;::~~~_i2l31/2008 . ..----..--~_==-_...w..LJ
Record Maintetl8neea.nd IllSpection. Virginia Beac.n Public Library agrees to. maintain adequate
reeordsto ens.ble expehditure of the. grant funds tobt~ cas! lyconnrrned, Virginia. Beach. PUblic Library
alsoagre.es m make its bcoks and records available for. i.nspectionat reasonable. timesandpcrrnit us to
moni lor a.Ud(:O!lduct,~n. evaluation. of operations .under this grant. which may inctlldea. vi sit by our
personnel to. observe theprogr-.am.a discussion of the program with Virginia Beach Public Libtary stuff,
and a review.pf financial and other records connectedwithtbs.grant,
..
C()mpliance, If weare notsatisfted with thepl'ogres5ofthegrMt fot whkh. Virginia Beach. Publk
Libraryhas receive.d funds orthe content ofany written report, we reserve the right at our discretion to
cancel thegmnt~discontinue funding al1drequest thatVirgirlia Beach Public Library return any tlltspent
and uncommitttx;l grant funds prevlQw,lydbtribute.dby theFoundaaonundertl;e terms of this grant.
PubHcRepol'ts.We willilldnde inium1a6on on this grant in .our periodic public report.sand may also
tefer TO this grantinpressreJease:{. If Virginia Beach PublicLibrary wQuld1iketomakean
ann.ouncetl1entabout this .award,p1ease provide the Foundntioll willi the opportunity to cormm>nt in
advance on the proposed. media release by contacting Chrissy RussiHoat(Z06) 352-8598. or
chri.ssy.russi1lo@grtHnb.ccm.
If this letter mr:::ectly describes your understam:Hngof the terms of this gr.unt, please sign. both c.opies. of
t.hisletterand return.oneto Sally Manin at the. FoundahOTI. Please keep the other copy foryourrecords.
If you have quc:;:tions, please conm.ct Sally at (Z06) 709- 3175 or sally .martin @g.at(~sfo\lndati.0n.()fg.
On behal f of the Foundation, I'd UIce to extend every good wish for the. success of your \\1oTlc
Sincerely,
r-'
Bin & Me1imhGawsFoundat1oo
~~~
Martha Choe
Director, GlobtdLibraries Program
_K.{;'R.r.:\!gty 22. .209.9
Dale
Virginia Beach PnblicLibr.ary agre,es (0 the terms of this grant as. set !<>rth in the grant agreement.
..&/<1
'.....7# .'"
~1414; {frJ1() ~
Ms. ,!I1arc~ S;,ms
Director
__tl-~t_.~JO()6___
Date
Public ACC.(ISS Computet IIardwol'iJ Upgnule Gnmt Pn>gn:l'm
ExpiuuJiittre Rt:portlng Narrative
Ii
Grant Nmnber:
Grantee:
Grant Amount:
Dare Gtan.tPaid:
1. V1~!L"'deSCjioo,l.l:W y~ur librar.ya. ttain.ed. .th~.. charitable PULp. ...~.se.. ~.f:..;..t.h:;;c~ ..{~.)!;+hO.\.N
t?ls.grant enab1CC the library toexpandpubhcacc~sscom'putmg s,,:.c~...r.n)tl7. .
hbrary, ." V/~ /)
Plc~se incl~dedetails o~theac~e."."'.'\..i.'."m.' ents.' t..~.lr \"'.~h.a.:l.Ie.-...nges... the..... ii.b.. .r.arYh....~.e e.> x.py.~.ri...e:~. ..C..~d
durmg ~be nnpIelncnta:lO~dttm; gran,t~ld.. .p"p.'.'.'..l. .d. ..e. a.n.'~....... ~..........'.."....rn.... m....eoo...... '..l...titlOo.ft .. ~&ficlp us
or the hhmt'}'commllnlty 1Dw!oment "'MIlar P"Pgr~~ . rore, ."
0;J'V
/"..~ .
2. P1ease describe any addHional f.lna$g ~~un1ttes ~artnerships.thatthe.1ibrary
c!>tablished orcon.tinuedbas~RPn~en\~$~r~ams providedwhh.the f!JaIlt
funds. <~~ \.'V
::~:~~~):i:,:,~O=ti=:::ll~:;.~;cr~.,"
oomnmmty. \ V;/U'
(0~~V
.~ / (
3. Plea$t~;.'C.rili'6 9 ntinulng challenges to sustaining the public access computing
seIYiGe,<~1Y0l.1r coInrHunity's needs in this area..
i
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- 24-
Item V.J.4.
RESOLUTION/ORDINANCES
ITEM # 55051
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to TRANSFER $179,200 in the FY 2005-2006 Operating
Budget from Human Services Integration - Information Technology to
Revenue Assessment and Collections System re upgrade to the City
Treasurer's cashiering system.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28,2006
1
2
3
4
5
6
AN ORDINANCE TRANFERRING $179,200 FROM THE FY
2005-06 OPERATING BUDGET FROM HUMAN SERVICES
INTEGRATION INFORMATION TECHNOLOGY TO
CAPITAL PROJECT #3-200, REVENUE ASSESSMENT AND
COLLECTION SYSTEM, TO UPGRADE THE CITY
TREASURER'S CASHIERING SYSTEM
7
WHEREAS, the City Treasurer's cashiering system is In
8 need of upgrading prior to integrating with the City's new Revenue
9 Assessment and Collections System, and funding for this upgrade is
10 available in the FY 2005-06 Operating Budget.
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 That $179,200 is hereby transferred from the FY 2005-06
14 Operating Budget from Human Services Integration - Information
15 Technology to Capital Project #3-200, Revenue Assessment and
16 Collection System, to upgrade the City Treasurer I s cashiering
17 system.
18 Adopted by the Council of the City of Virginia Beach,
19 Virginia on the 28th
day of
March
2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
City
CA9961
H:\PA\GG\OrdRes\Cashiering System ORD
R-2
March 16, 2006
- 25 -
Item V-K.
PLANNING
ITEM # 55052
1. ORDINANCES RE BRAC COMPLIANCE
a. ESTABLISH the Oceana Land Use Conformity
Program and IMPLEMENT the Ocean a Land
Use Conformity Committee
b. AMEND Chapter 35.2 of the City Code to ADD
Article 2, SS 35.2-10 and 35.2-11 to
ESTABLISH the APZ-1 Technology/Business
Opportunity Zone
c. ADD City Code S 35-72.1 and AMEND
S 35-72 to ESTABLISH the APZ-1 Property
Tax Exemption District
d. AMEND the Economic Development Invest-
ment Program (EDIP) policy and procedure re
the Oceana Land Use Conformity program
e. AMEND and REORDAIN Article 18 of the City
Zoning Ordinance (CZO), S S 1803 and 1807
(Appendix A), and ADD S S 1808 - 1810 re
allowing certain uses that are conditional in the
underlying zoning district as principal uses
(APZ-1 Incentives Ordinance)
f AMEND Chapter 1 of the Comprehensive Plan
re incorporating voluntary conversion of
certain nonconforming uses to conforming uses
in Accident Potential Zone 1 (APZ-1)
g. AMEND and REORDAIN the Airport Noise
Attenuation and Safety Ordinance (Appendix I)
and ADD S 14 re avigation easements within Air
Installation Compatible Use Zones (AICUZ)
h. AMEND the plan for compliance with the
BRAe requirements, REQUEST General
Assembly Delegation sponsorship and support
for necessary legislation and AUTHORIZE
acquisition in APZ-l and the Interfacility Traffic
Area (AMEND Ordinance 2914K (ADOPTED
by the City Council on December 20,2005)
i. APPROPRIATE $15-Million tofund the City's
APZ-l program and comply with the BRA C
requirements re acquisition and the Oceana
Land Use Conformity Plan re shared State
revenue of $ 7. 5-Million
j. AMEND December 20, 2005, Ordinance
# 2928B re CIP #9-060 for Conformity and
Acquisition fund - APZ-IIInterfacility
Traffic Area (ITA)
March 28,2006
- 26 -
Item V-K.
PLANNING
ITEM # 55052 (Continued)
2. ALCAR, L.L.C.
CONDITIONAL CHANGE OF ZONING
3. MUNDEN LAND, L.L.c.
CONDITIONAL CHANGE OF ZONING
4. KEVIN MILLER
CONDITIONAL USE PERMIT
5. LEO LUONG
CONDITIONAL USE PERMIT
6. VIRGINIA BEACH CITY CENTER, L.L.c.
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT.
7. BELINDA KELTON
CONDITIONAL USE PERMIT
March 28, 2006
- 27 -
Item v'K.
PLANNING
ITEM # 55053
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 5 and 7 (WITHDRAWN) of the PLANNING BY CONSENT AGENDA.
Item 7 was WITHRAWN, BY CONSENT
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2006
- 28 -
Item V.K.1.a-j.
PLANNING
ITEM # 55054
Sam Reid, representing the Oceana Garden's Coalition of Civic Leagues and member Citizen BRAC
Committee, 1533 Virginia Beach Boulevard, Phone: 284-1067, spoke in support. Mr. Reid expressed
appreciation to the City Manager, City Attorney and Staff, Robert Scott and staff, as well as Chairman
Phillip Shucet - Citizen BRAC Committee.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances re Base Realignment and Closure Commission (BRAC) compliance:
a. ESTABLISH the Oceana Land Use Conformity Program and IMPLEMENT the
Ocean a Land Use Conformity Committee
b. AMEND Chapter 35.2 of the City Code to ADD Article 2, 99 35.2-10 and 35.2-11 to
ESTABLISH the APZ-l Technology/Business Opportunity Zone
c. ADD City Code 9 35-72.1 and AMEND 9 35-72 to ESTABLISH the APZ-l Property
Tax Exemption District
d. AMEND the Economic Development Investment Program (EDIP) policy and
procedure re the Oceana Land Use Conformity program
e. AMEND and REORDAIN Article 18 of the City Zoning Ordinance (CZO), 99 1803 and
1807 (Appendix A), and ADD 99 1808 - 1810 re allowing certain uses that are
conditional in the underlying zoning district as principal uses (APZ-l Incentives
Ordinance)
f AMEND Chapter I of the Comprehensive Plan re incorporating voluntary conversion of
certain nonconforming uses to conforming uses in Accident Potential Zone I (APZ-l)
g. AMEND and REORDAIN the Airport Noise Attenuation and Safety Ordinance
(Appendix 1) and ADD 914 re avigation easements within Air Installation Compatible
Use Zones (AICUZ)
h. AMEND the plan for compliance with the BRAC requirements, REQUEST General
Assembly Delegation sponsorship and support for necessary legislation and
AUTHORIZE acquisition in APZ-1 and the Interfacility Traffic Area (AMEND
Ordinance 2914K (ADOPTED by the City Council on December 20,2005)
I. APPROPRIATE $15-Million to fund the City's APZ-1 program and comply with the
BRAC requirements re acquisition and the Oceana Land Use Conformity Plan re shared
State revenue of $ 7.5- Million
j. AMEND December 20, 2005, Ordinance # 2928B re CIP #9-060 for Conformity and
Acquisition fund - APZ-1lInterfacility Traffic Area (ITA)
March 28,2006
- 29 -
Item V.K.l.a-j.
PLANNING ITEM # 55054 (Continued)
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndoif, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 14, 2006
1
2
3
4
5
6
AN ORDINANCE ESTABLISHING THE OCEANA
LAND USE CONFORMITY PROGRAM AND
IMPLEMENTING COMMITTEE
WHEREAS, on December 20, 2005, the City Council adopted
7 Ordinance No. 2914 K, entitled "An Ordinance Adopting the City's
8 Plan for Compliance with the Base Realignment and Closure (BRAC)
9 Commission's Decision Regarding Naval Air Station Oceana" as
10 well as other related ordinances, including the adoption of the
11 APZ-1 Ordinance and APZ-1 Use and Acquisition Plan, both of
12 which were later amended to include the Clear Zone within their
13 provisions; and
14
WHEREAS, those ordinances prohibit all future development
15 of incompatible uses in APZ-1 and the Clear Zone, and also
16 establish a program to purchase or condemn incompatible use
17 property under certain circumstances when requested by the
18 property owner; and
19
WHEREAS, by using local land use regulations, incentives,
20 and other means pursuant to the provisions of those ordinances,
21
the
City
will
attain
the
goals
of
preventing
further
22 encroachment and rolling back existing encroachment; and
23
WHEREAS, in adopting Ordinance No. 2914K and the APZ-1 Use
24
and
Acquisition
Plan,
the
City
Council
recognized
that
25
additional
means
are
available
to
roll
back
existing
26 encroachment within APZ-1 and directed the City Manager to bring
27
forward for
consideration by the
Ci ty Council
additional
28 innovative methods of rolling back encroachment by replacing
29 nonconforming uses with conforming uses in APZ-1; and
30
WHEREAS, in addition to the provisions previously adopted,
31 the voluntary replacement of nonconforming uses with conforming
32 uses by both the private and public sectors and the relocation
33 of nonconforming uses to sites outside of APZ-1, encouraged and
34 facili tated by incentives and land use controls, enhances the
35
effectiveness,
cost
efficiency
and
public
acceptance
of
36 accomplishing the purposes of rolling back the encroachment of
37 nonconforming uses in APZ-1 and Clear Zones; and
38
WHEREAS, the City Council is committed to rolling back
39 encroachment in APZ-1 through the use of incentives and other
40
voluntary means
that
do not
adversely affect
established
41 residential neighborhoods; and
42
WHEREAS, the City Council finds that a program to enact
43 ordinances and programs and to make funds and incentives
44 available for these purposes, including appropriations, land use
4 5 incentives, tax incentives and economic development incentives
46 to further these purposes will enhance its efforts to roll back
47 incompatible development in APZ-1; and
48
WHEREAS, the City Council has a duty to its citizens to
49 ensure that the goals and effects of a rollback program are
50 accomplished utilizing sound planning and land use principles
2
51 that will promote the orderliness and compatibility of existing
and
future
land
uses,
not
adversely
affect
established
52
53
residential neighborhoods,
and protect the health,
safety,
54 welfare and quality of life of persons who work or reside in the
55 affected areas;
56
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
57 CITY OF VIRGINIA BEACH, VIRGINIA:
58
That there is hereby established the Oceana Land Use
59 Conformity Program (the "Conformity Program"), the purposes of
60 which shall be to encourage, incentives and guide the voluntary
61 replacement of nonconforming uses by conforming uses in APZ-1
62 and Clear Zones and the relocation of nonconforming uses to
63 sites outside of such areas. The Conformity Program shall
64 include programs and incentives established by the City Council
65 and the Virginia Beach Development Authority for the purposes
66 set forth herein, and shall be managed and directed by a
67 commi ttee entrusted by the City Council to make recommendations
68 to the City Council and the Virginia Beach Development Authority
69 regarding the implementation of actions necessary or appropriate
to carry out the purposes of the Conformity Program.
70
71
The
committee shall have the duties, powers
and membership set
72 forth in this Ordinance:
73
1.
Name.
The name of the committee shall be the Oceana
74 Land Use Conformity Committee (the "Committee").
3
75
76
2.
Guiding principles.
(a) The Committee shall,
at all times,
conduct its
77 business in accordance with the following guiding principles:
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
(1) The
conversion
non-conforming
uses
to
of
conforming uses shall be accomplished utilizing
sound planning and land use principles that will
promote the orderliness and compatibility of
existing and future land uses and not adversely
affect established residential neighborhoods;
pre-existing
and
and
occupants
of
(2) Owners
3.
nonconforming residential and commercial uses
deserve a quality setting in which to live and
work; and
Program actions shall not encourage development
that adversely impacts established residential
neighborhoods or the health, safety, welfare or
quality of life of persons who work or reside in
the affected areas.
Membership; staffing.
(3)
(a) The Committee shall be comprised of nine (9) voting
members and one (1) non-voting member.
Voting members shall
96 consist of two (2) members of the City Council, two (2) members
97
98
of the Development Authority,
the City
the City Manager,
Attorney, the Chief Development Officer, one
(1 )
owner of
4
99 residential property in APZ-1 and one (1) owner of commercial
100
property in APZ-1.
The non-voting member shall be a designee of
101 the United States Navy.
102
(b)
Such staff support as is necessary for the conduct of
103 the Committee's business shall be provided by the Department of
104 Economic Development and, with respect to all legal matters, the
105 City Attorney's Office.
106
4.
Purpose.
The purpose of the Committee shall be to
107 make recommendations to the City Council and Development
108 Authority on matters relating to reducing the amount of pre-
109 existing nonconforming development, as determined pursuant to
110 Section 1804 of the City Zoning Ordinance, in APZ-1 and Clear
111
Zones.
Such recommendations shall be consistent with the City
112 Zoning Ordinance, the APZ-1/Clear Zone Use and Acquisition Plan,
113 the Comprehensive Plan, the Final Hampton Roads Joint Land Use
114
Study
(JLUS)
and with good zoning practices that do not
115 adversely affect established residential neighborhoods.
116
5.
Duties.
The Committee shall have the duty to make
117 recommendations to the City Council, Planning Commission and
118 Development Authority concerning:
119
(a) agreements and transactions that further the purposes
120 for which the Committee was created;
121
(b)
zoning and other land use ordinances, including the
122 advisability of adopting new or amended ordinances;
5
123
(c) discretionary zoning applications, such as rezonings
124 and conditional use permits;
125
(d)
ordinances imposing fees or taxes,
including the
126 advisability of adopting new or amended ordinances; and
127
(e)
Staffing and resources necessary or appropriate to
128 assist the Committee in the exercise of its duties.
129
6.
Powers.
Subj ect to the availability of funding, the
130 Committee shall have, and may exercise, the following powers:
131
(a)
To partner with federal, state and local government
132 and agencies, utilizing both traditional and innovative means,
133
to
facilitate
the
voluntary
and
relocation,
elimination
134 conversion of nonconforming uses by the public and private
135
sectors.
In the exercise of this power, the Committee may
136 recommend the use of:
137
138
139
140
141
142
143
144
145
146
(1 )
(2 )
(3)
(4 )
( 5)
( 6)
(7 )
(8 )
( 9)
incentive programs, including land use as well as
financial and tax incentives;
voluntary land purchases;
land sales;
land assemblages;
land development;
land exchanges;
land and improvement leases;
land use approvals and restrictions; and
financings, acquisitions and grants ;
6
147
(b)
On behalf of the City Councilor the Development
148 Authority, to apply for, receive and accept such payments,
149 appropriations, grants, gifts, loans and advances and other
150 funds, properties and services as may be transferred or made
151 available to it by the federal, state or local agencies;
152
153
(c)
To
request
the
Development
Authority
to
employ
estate
consulting
engineers,
attorneys,
accountants,
real
154 brokers, financial experts and such other agents as may be
155 necessary to further the fulfillment of its purpose;
156
(d)
To leverage the use of funds, thereby expanding and
157 multiplying the level of available funds, to encourage private
158 parties to facilitate the conversion of nonconforming uses into
159 conforming uses;
160
(e)
To encourage the public sector, including federal,
161 state, regional and local authorities, to locate compatible uses
162 within APZ-1 and Clear Zones;
163
(f)
To cooperate with, and act as an intermediary between,
164 the Development Authority and public or private entities or
165
166
individuals
encouraged
in
identifying
compatible
uses
that
may
be
through
the
granting
of
Economic
Development
167 Incentive Program funds or other monies;
168
(g)
To identify properties located in APZ-1 on which the
169 development or redevelopment of compatible uses, the conversion
170 of nonconforming uses to conforming uses, or the relocation of
7
171 nonconforming uses from APZ-1 or Clear Zones to sites outside of
172 such areas may be encouraged by granting real estate or other
173 tax exemptions or reductions.
174
(h) To identify conforming uses that may be induced to
175 locate or relocate in APZ-1 through the granting of business or
176 other tax or fee reductions; and
177
(i)
Such other and related duties as the City Councilor
178 the Development Authority may, with the consent of the City
179 Council, prescribe.
180
7.
Funding.
Funding for the activities of the Committee
181 shall be from the following sources, in such amounts as may be
182 determined by the City Council:
183
(a)
Proceeds from the sale of real estate resulting from
184 the activities of the Committee;
185
(b)
Funds appropriated by the City Council for areas
186 wi thin APZ-1, as set forth in the Conformity and Acquisition
187 Fund, Capital Improvement Project #9-060, adopted on March 7,
188 2006, as well as other funds that may become available for use
189 in APZ-1 or Clear Zones, noting that funds appropriated for use
190 within APZ-1 should be used within APZ-1;
191
(c) Monies and property from such grants as may be
192 received by the City for the purposes set forth In this
193 Ordinance;
8
194
(d) Economic Development Incentive Program (EDIP) funds;
195 and
196
(e) Such other funding sources as the City Council may
197 designate.
198
8.
Reports.
The Committee shall report to the City
199 Council and Development Authority on its activities at least
200
annually.
Such report shall include a summary of the activities
201
of the Committee,
including properties acquired, properties
202 disposed of, a description of the incentives employed in each
203 transaction and the dollar value thereof and to report on its
204 progress in accomplishing the rollback of nonconforming uses to
205 conforming uses.
206 Adopted by the City Council of the City of Virginia Beach,
207
Virginia on the ~ day of
Mt=lrch
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~J~ /JIr4J
City Attorney
CA-9933
OlD/land use/ordres/AICUZ/Oceana LUCC ordin.doc
R-10
March 23, 2006
9
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4
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9
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11
AN ORDINANCE TO ESTABLISH
POTENTIAL ZONE 1 (APZ-1)
BUSINESS OPPORTUNITY ZONE
CHAPTER 35.2 OF THE CITY
ARTICLE 2, CONSISTING OF
35.2-10 and 35.2-11
THE ACCIDENT
TECHNOLOGY/
BY AMENDING
CODE TO ADD
NEW SECTIONS
Sections Added: ~~ 35.2-10, -11
WHEREAS,
the
Ci ty Council
desires
to
encourage
the
12 development of uses and structures in Accident Potential Zone 1
13 (APZ-1) that are compatible with both flight operations arising
14 out of NAS Oceana and established residential neighborhoods; and
15
WHEREAS, the City Council intends to adopt other ordinances
16 and programs ( collectively, the "Oceana Land Use Conformity
17
Program" )
to make funds and incentives available for the
18 purposes of encouraging the voluntary replacement or relocation
19 of nonconforming uses in APZ-1, as determined pursuant to
20 Section 1804 of the City Zoning Ordinance, so as to facilitate
21 efforts of both the private and public sectors that will roll
22 back encroachment by nonconforming uses in APZ-1; and
23
WHEREAS, the City Council also desires to ensure that the
24 development and redevelopment of conforming uses in APZ-1 occurs
25 only where and when it can be accomplished in a manner that does
26 not adversely affect established residential neighborhoods, 1S
27 consistent with sound planning and land use principles to
28 promote the orderly and compatible co-existence of different
29 uses 1n APZ-1 and promotes the health, safety, welfare and
30 quality of life of persons who work or reside in APZ-1; and
31
WHEREAS, it 1S the opinion of the City Council that the
32
adoption of an ordinance creating economic
incentives
to
33 encourage the development of conforming uses 1n appropriate
34 areas within APZ-1 is an effective means of accomplishing the
35 aforesaid objectives and an integral component of the Oceana
36 Land Use Conformity Program;
37
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
38 CITY OF VIRGINIA BEACH, VIRGINIA:
39
That Chapter 35.2 of the City Code is hereby amended and
40 reordained by the addition of Article 2, consisting of a new
41 Section 35.2-10, pertaining to the establishment of the APZ-1
42 Technology/Business Opportunity Zone, to read as follows:
43
CHAPTER 35.2.
TECHNOLOGY ZONES
44 ARTICLE 1. IN GENERAL.
45
46 Sec. 35.2-1. Purpose and intent.
47
48 The city council of the City of Virginia Beach finds that
49 the development of its commercial and industrial tax base
50 requires incentives, and determines that an appropriate method
51 of offering incentives for the areas described below 1S to
52 create technology zones as guided and authorized by section
53 58.1-3850 of the Code of Virginia. The city council finds that
54 the establishment of technology zones will foster development of
55 commercial and industrial businesses engaged in technological
56 research, design and manufacturing to the benefit of the public
2
57 health, safety, welfare and convenience through the enhancement
58 of public revenues and the creation of employment opportunities.
59 Sec. 35.2-2. Administration.
60
This article shall be administered and enforced by the city
61 manager or his designee. The city manager, together with the
62 department of economic development will review the criteria and
63 incentives for the technology zone program annually to assure
64 alignment with the city strategy and economic development
65 strategy.
66 Sec. 35.2-3. Definitions.
67 For purposes of this article, the following words and
68 phrases shall have the meanings below, unless otherwise
69 expressly indicated to the contrary:
70
(a)
Qualified technology business means a business which
71 derives its gross receipts from the design, development or
72 manufacturing of technology-based products, processes or related
73 services for lease, sale or license. Technology-based products,
74 processes or related services means engaging in the activity of
75 research, development, or manufacture of commodities used ln
76
factory
automation,
biotechnology,
biomedical
research,
77 chemicals, electronics, computer hardware, computer software,
78
79
80
81
defense,
advanced
energy,
environmental,
manufacturing
equipment,
materials,
medical
photonics,
testing
electronic
based
applications,
subassemblies
pharmaceuticals,
and
components,
and
measurements,
telecommunications,
systems
3
82
integration, multi-media,
e-commerce,
Internet services,
and
83 transportation, including training in the aforementioned areas.
84 In no case shall the use of computers or telecommunications
85 services by a business in its internal operations qualify or be
86 considered in qualifying the business as a technology business.
87 A qualified technology business shall provide a minimum capital
88
investment
of
twenty
million
dollars
($20,000,000.00)
l.n
89 personalty and/or improved real estate (exclusive of raw land
90 cost) or provide for the creation of three hundred (300) new
91 full time employees. Additionally, such business must pay its
92 employees average salaries, including benefits, of at least
93 fifty thousand dollars ($50,000.00) annually. All businesses,
94 whether newly located or existing within the boundaries of a
95 technology zone, which qualify under the criteria set out above
96 may be considered for qualified technology business status.
97 Qualification shall be granted and certified in writing by the
98 city manager or his designee.
99
(b)
Qualified zone resident means an owner or tenant of
100 real property located in a technology zone who expands or
101 rehabilitates such property to locate the operation of a
102 qualified technology business within the technology zone. The
103 term property means a parcel, lot or unit for which a site plan
104 or building permit application has been submitted for approval.
105 Qualification of a zone resident shall be granted and certified
106 in writing by the city manager or his designee.
4
107 Sec. 35.2-4. Boundaries of technology zones.
108
(a) The technology zones shall be established by city
109 council by ordinance upon findings that the incentives provided
110 herein will enhance the establishment and growth of technology
111 businesses within the area under consideration.
112 As technology zones are established by city council, they shall
113 be further identified by reference to the map entitled "Virginia
114 Beach Technology Zones" which shall be incorporated into and
115
made a part of
this chapter and all
future ordinances
116 establishing a technology zone.
117
(b) Qualified
technology
businesses,
and,
where
118 applicable, qualified zone residents located in a designated
119 technology zone shall be entitled to the incentives offered in
120 this article.
121 Sec. 35.2-5. Business tax rebate.
122
(a) All qualified technology businesses shall be entitled
123 to a rebate of business, professional and occupational license
124 taxes imposed by Chapter 18 of the Virginia Beach City Code as
125 follows:
126
127
128
129
130
(1) One hundred (100) percent rebate in year one (1);
(2) Eighty (80) percent rebate in year two (2);
(3) Sixty (60) percent rebate in year three (3);
(4) Forty (40) percent rebate ln year four (4); and
(5) Twenty (20) percent rebate in year five (5).
5
131
Year one (1) is the first full calendar year in which a
132 business operates as a qualified technology business. However,
133 if a business operates as a qualified technology business for a
134 period of less than six (6) months in the calendar year, such
135 qualified technology business may elect to designate the
136
following calendar year as year one
(1 )
for purposes of
137 obtaining the business tax rebate.
138
(b) The rebate shall apply for a period of five (5)
139 calendar years or until such time that the business no longer
140 operates as a qualified technology business, whichever is the
141
first to occur.
If a business ceases to be a qualified
142 technology business, ceases to meet the minimum criteria for a
143 qualified technology business or removes its operation from the
144 City of Virginia Beach during a year in which the rebate
145 applies, supplemental prorated business license tax shall be
146 prorated for the months the business was a qualified technology
147 business.
148
(c)
If more than one-half ( 1/2) of the gross receipts of
149 a qualified technology business are derived from a licensable
150 activity that qualifies the business, the business license tax
151 assessed on all gross receipts of such licensable activity shall
152 be subject to the graduated rebates described above. If one-half
153 (1/2) or less of the gross receipts of a particular licensable
154 activity of a qualified technology business is derived from
155 qualifying operations, the graduated rebates shall be applied
6
156 only to the amount of tax attributable to the gross receipts
157 earned from the qualifying business activity.
158
(d)
In order to qualify for a business license tax rebate
159 under this article, during the first twelve (12) months of
160 operation within the technology zone, a qualified technology
161 business must apply to the department of economic development
162 who will investigate and forward the application to the city
163 manager or his designee to determine if the business is a
164 qualified technology business. The qualified technology business
165 shall have the burden of demonstrating, to the satisfaction of
166 the city manager, that it meets the definition of a qualified
167 technology business and that it meets all applicable criteria
168 for a business license tax rebate. The qualified technology
169 business shall also file an annual business license application
170 with the commissioner of the revenue and shall provide the
171 commissioner with certification from the city manager that the
172 business is a qualified technology business. The amount of gross
receipts
to be earned shall be set out in the license
173
174
application and shall be subject
to verification by the
175 commlSSloner of the revenue by audit or inspection of documents.
176
The qualified technology business
shall
also provide
the
177 commissioner with proof that no local taxes or fees are
178 outstanding at the time of application for the business license
179 tax rebate.
7
180
(e) Failure of a qualified technology business to pay in
181 full by the due date any taxes imposed by the city shall result
182 1n the denial or revocation of the tax rebate for the remainder
183 of the current calendar year.
184
(f) All business license tax rebates are subject to
185 adjustment by the conunissioner of the revenue based on actual
186
gross
receipts earned from qualifying technology business
187 acti vi ties. Any additional business license tax assessed due to
188 such adjustments, or due to revocation of the tax rebate, shall
189 be subject to collection and delinquency provisions set out in
190 Chapter 18 of the City Code.
191 Sec. 35.2-6. Fee reimbursements under city ordinances.
192
The fee reimbursements provided below shall apply to
193 qualified technology businesses and, where applicable, qualified
194
zone
residents,
for
new
construction,
alterations
and
195 rehabilitation, provided (i) that at least one hundred (100)
196 percent of the total cost of the construction is expended on
197 facilities which will house or directly acconunodate a qualified
198 technology business; and (ii) that the application for fee
199
reimbursements
is
submi t ted to
the
director
of
economic
200
development within eighteen
(18)
months from the date a
201 certificate of occupancy is issued. Fees reimbursed pursuant to
202 this article shall be paid out by the city.
203
(a) Fees imposed under the building code. Applications for
204 reimbursement of all fees imposed under Chapter 8 of the City
8
205 Code entitled "Buildings and Building Regulations" shall be made
206
to
the
director
of
economic
development
along
with
a
207 certification from the city manager that the applicant is a
208 qualified technology business or a qualified zone resident and
209 evidence that the proposed construction will meet the criteria
210 set out above for fee reimbursement. All building code fees must
211 be paid by the qualified technology business or qualified zone
212 resident prior to receiving reimbursement from the department of
213 economic development.
214
(b)
Fees imposed under the zoning ordinance. Applications
215 for reimbursement for fees imposed for rezonings and conditional
216 rezonings under section 107 of the city zon1ng ordinance
217 (Appendix A) and for fees imposed for conditional use permits
218 under section 221 (b) of the city zoning ordinance (Appendix A)
219 shall be made to the director of econom1C development. Such
220 application shall include certification from the city manager
221 that the applicant is a qualified technology business or a
222 qualified zone resident and evidence that the proposed land use
223 and/or construction activities will meet the criteria set out
224 above for fee reimbursement. All land use application fees must
225 be paid by the qualified technology business or qualified zone
226 resident prior to receiving reimbursement from the department of
227 economic development.
228
(c)
Fees imposed under subdivision regulations and site
229 plan ordinance. Application for reimbursement of fees imposed
9
230
for
subdivision
and
site
plan
review
under
the
city's
231 subdivision regulations (Appendix B) and the city's site plan
232 ordinance (Appendix C) shall be made to the director of economic
233 development. Such application shall include certification from
234 the city manager that the applicant is a qualified technology
235 business or a qualified zone resident and evidence that the
236 proposed land use and lor construction activities will meet the
237 criteria set out above for fee reimbursement. All subdivision
238 andlor site plan review fees must be paid by the qualified
technology business
or
qualified
zone
resident
prior
to
239
240
rece1.v1.ng
reimbursement
from
the
department
of
econom1.c
241 development.
242
(d) Water and sewer connection fees.
Application for
243 reimbursement of water and sewer connection fees imposed under
244 Chapter 37 of the City Code shall be made to the director of
245 economic development. Applications shall include certification
246 from the city manager that the applicant 1.S a qualified
247 technology business or a qualified zone resident and evidence
248 that the utility connections and related construction will meet
249 the criteria set out above for fee reimbursement. All water and
250 sewer connection fees must be paid by the qualified technology
251
business
or
qualified
zone
resident
prior
to
receiving
252 reimbursement from the department of economic development.
10
253 Sec. 35.2-7. Non-waiver.
254
Unless expressly stated herein, this article shall not be
255 construed to waive the requirement of any ordinance, regulation
256 or policy of the City of Virginia Beach, including, but not
257 limited to, those ordinances, regulations and policies which
258 requlre permits and approvals for land use and construction.
259 Additionally, unless stated otherwise herein, nothing in this
260 article shall be construed as waiving the right of the City of
261
Virginia Beach to enforce
its
ordinances,
regulations
or
262
policies to collect any taxes,
fees,
fines, penalties,
or
263 interest imposed by law on a qualified technology business or
264 qualified zone resident or upon real or personal property owned
265 or leased by a qualified technology business or qualified zone
266 resident. The City of Virginia Beach reserves the right to
267 remove qualified technology business or qualified zone resident
268 status for any business that is not compliant with any city
269 ordinance, regulation, policy or other legal requirement.
270 Sec. 35.2-8. Education and promotion.
271 The city manager or his designee shall develop programs to
272 educate the public and potential businesses of the benefits of
273 technology zones.
274 Sec. 35.2-9. Restrictions.
275
No qualified technology business or qualified zone resident
276 may apply for or receive a tax or fee rebate or reimbursement
277 under this article on the basis of a building permit issued on
11
278 construction commenced prior to the establishment of the
279 technology zone in which the property lies.
280
281 ARTICLE 2. APZ-l Technology/Business Opportunity Zone.
282 Sec 35.2-10. Intent; findings.
283
(a) It is the intent of the City Council in establishing
284
the Accident Potential Zone 1
(APZ-1)
Technology/Business
285 Opportunity Zone to:
286
(1)
facilitate
the
establishment
and
growth
of
287
businesses
that
are
compatible
with
flight
operations at Naval Air Station Oceana,
as
288
289
determined pursuant to Section 1804 of the City
Zoning
Ordinance,
ln
areas
within
Accident
290
291
Potential Zone 1 (APZ-1) i and
292
(2) preserve and protect the health,
safety and
293
quality of life of persons who work or reside in
294
APZ-1
and
not
adversely
affect
established
295
residential neighborhoods.
296
(b) The City Council hereby finds that:
297
(1)
the
establishment
of
a
technology/business
298
opportunity
zone
in APZ-1
will
foster
the
development of businesses ln APZ-1 that are
299
compatible with aircraft operations at Naval Air
300
301
Station Oceana and other uses in APZ-1, to the
302
benefit of the public health, safety, welfare and
12
303
convenience through the enhancement of public
304
revenues
and
the
creation
of
employment
opportunities.
305
306
Sec.
35.2-11.
Establishment of APZ-1 Technology/Business
307 Opportunity Zone.
The APZ-l Technology/Business Opportunity Zone is hereby
308
309
established.
The zone shall consist of all areas within APZ-l,
310 as shown on the official zoning map of the City of Virginia
311 Beach.
312
~ Notwithstanding the other provisions in this chapter,
313 all qualifying businesses located in APZ-l shall be entitled to
314 a rebate of ninety percent (90%) of business, professional and
315 occupational license taxes imposed by Chapter 18 of the City
316 Code.
317
~ Notwithstanding the other provisions in this chapter,
318 fee reimbursements for fees imposed under the building code,
319 fees imposed under the zon1ng ordinance, fees imposed under
320 subdivision regulations and the site plan ordinance, and water
321 and sewer connection fees, shall be provided to all qualifying
322 businesses for new construction, alterations, and rehabilitation
323 1n APZ-l.
324
(d) A "qualifying business" for purposes of this section
325 is defined as any business that conforms to the requirements of
326 Section 1804, Table 2, of the City Zoning Ordinance that 1S
327 located or locates in the APZ-l Technology/Business Opportunity
13
328
Zone
and
complies
with
and
continuously
maintains
such
329 compliance with the development standards set forth in Section
330
331
1810 of the City Zoning Ordinance.
Qualifying businesses may
include businesses currently located ln APZ-1,
businesses
332 relocating to APZ-1 and new businesses locating in APZ-1.
333
M The tax rebate provided under this section shall be
334 available to any qualifying business for a period of fifteen
335 (15) years from the date of the approval of its application
336 pursuant to Section 1810 of the City Zoning Ordinance, so long
337 as the business remalns in compliance with the development
338 standards set forth ln Section 1810 of the City Zoning
339 Ordinance.
340 Adopted by the Council of the City of Virginia Beach,
341 Virginia, on the 28th day of March, 2006.
14
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~~~
. Manag ent Services ~
CA9926
H:\PA\GG\OrdRes\Techno1ogy Zone ORD
R-9
March 23, 2006
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AN ORDINANCE TO AMEND CHAPTER 35 OF THE
CITY CODE BY ADDING A NEW SECTION 35-
72.1, ESTABLISHING THE APZ-l PROPERTY TAX
EXEMPTION DISTRICT, AND AMENDING CITY
CODE SECTION 35-72
Section Added: City Code Section 35-72.1
Section Amended: City Code Section 35-72
10
WHEREAS, on December 20, 2005, the City Council adopted
11 Ordinance No. 2914 K, entitled "An Ordinance Adopting the City's
12 Plan for Compliance with the Base Realignment and Closure
13 Commission's Decision Regarding Naval Air Station Oceana" as well
14 as other related ordinances, including the adoption of the APZ-l
15 Use and Acquisition Plan; and
16
WHEREAS, in adopting Ordinance No. 2914K and the APZ-l Use
17 and Acquisition Plan, the City Council directed the City Manager to
18 bring forward for consideration by the City Council additional
19 innovative methods of replacing nonconforming uses with conforming
20 uses in Accident Potential Zone 1 (APZ-l); and
21 WHEREAS, the voluntary replacement of nonconforming uses with
22 conforming uses by both the private and public sectors and
23 relocation of nonconforming uses to sites outside of APZ-l,
24 encouraged and facilitated by incentives and land use controls, is
25 the most effective, cost efficient, and acceptable means of
26 accomplishing the purposes of rolling back the encroachment of
27 nonconforming uses in APZ-l; and
28
WHEREAS, the City Council intends to enact ordinances and
29 programs to make funds and incentives available for these purposes,
30 including appropriations, land use incentives, tax incentives and
31 economic development incentives to further these purposeSi and
32 WHEREAS, it is the opinion of the City Council that a partial
33 property tax exemption for APZ-1 will further these purposeSi and
34
WHEREAS, the City Code currently allows a partial exemption
35 from property taxes for certain rehabilitated, renovated, or
36 replaced structures i
37 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
38 VIRGINIA BEACH, VIRGINIA:
39
That Chapter 35 of the City Code is hereby amended and
40 reordained by the addition of a new Section 35-72.1 and the
41 amendment of City Code Section 35-72, to read as follows:
Sec.
35-72.
Partial exemption from taxation for certain
rehabilitated, renovated or replacement structures.
42
43
44
45
(a) Exemption authorized amount. Partial exemption from real
46 estate taxes is hereby authorized for qualifying property
47 rehabilitated in accordance with the criteria set out in Article X,
48 Section 6, Paragraph (h) of the Constitution of Virginia and ~~
49 58.1-3220.1 and 58.1-3221 of the Code of Virginia of 1950, and this
50 division. The partial exemption shall be an amount equal to the
51 increase in assessed value resulting from rehabilitation of an
52 eligible commercial or industrial structure as determined by the
53 assessor.
54
(b) Procedure to obtain exemption.
55
(1) The application shall be on a form created and
56
supplied by the assessor. Applications must be
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(2 )
(3 )
filed with the assessor prior to the commencement
of any rehabilitation for which an exemption is
sought. No structure shall be eligible for
exemption unless the appropriate building permits
have been obtained.
Upon receipt of an application for partial tax
exemption, the assessor shall determine the base
value of the existing structure.
The application to qualify for tax exemption shall
be effective until June 30 of the second calendar
year following the year in which application is
submitted. Except for properties located in the
APZ-1 Property Tax Exemption District,
such expiration date rehabilitation
if H by
has not
progressed to such a point that the assessed value
of the structure 1S at least forty (40) percent
greater than the base value of such structure to
retain such eligibility, a new application to
qualify for tax exemption must be filed and a new
base value established. For properties located in
the APZ-1 Property Tax Exemption District, if by
such expiration date rehabilitation has not
progressed to such a point that the assessed value
of the structure is at least twenty (20) percent
greater than the base value of such structure to
retain such eligibility, a new application to
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qualify for tax exemption must be filed and a new
base value established.
(4) The
initial application to qualify for the
rehabilitated structure tax exemption, and any
subsequent application, must be accompanied by a
payment of a fee of one hundred dollars ($100.00),
which shall be applied to offset the cost of
processing the application, making required
assessments, and inspecting the progress of the
work.
(5) During the period between the receipt of the
application and the time the assessor ascertains
that the structure has increased so that it
qualifies for the exemption authorized by this
article, the property shall be subject to taxation
upon the full value of the existing improvements to
the property.
(6) Any tax exemption shall become effective on the
date of the next deadline for payment of real
estate
following
of
the
completion
taxes
rehabilitation, renovation or replacement.
(c) Vacant land. Improvements on vacant land are not
eligible.
(d) Credit on tax bill. The owner or owners of property
qualifying for partial exemption of real estate taxes under this
division shall be credited on the tax bill for the property in the
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amount of the difference between the taxes computed upon the base
value and the initial rehabilitated assessed value of the property
for each year of the partial exemption from real estate taxes. The
amount of this credit shall not increase, even if the assessed
value later increases.
(e) Decrease in assessment. If a qualifying property's
assessed value decreases after the first year of any
rehabilitation, the amount of the exemption shall be reduced to the
difference between taxes computed on the base value and the
decreased assessed value of the property.
(f) Exemption to run with land. The exemption from taxation
authorized by this division shall run with the land.
Sec. 35-72.1. Same; Accident Potential Zone 1 (APZ-1).
(a) District established.
The Accident Potential Zone 1
(APZ-1) Property Tax Exemption District (the "District") is hereby
established.
(b) Purpose.
The purpose of the District shall be to
encourage the redevelopment and revitalization of real property in
APZ-1 by converting nonconforming uses, as determined pursuant to
Section 1804 of the City Zoning Ordinance, to conforming uses.
(c) District Boundaries. The District shall consist of all
areas within APZ-1, as shown on the official zoning map of the
City.
(d) Eligibility Criteria; duration of exemption. Property
qualifying for an exemption pursuant to this ordinance shall meet
the following criteria:
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(1)
The assessed value after the rehabilitation,
renovation, or replacement of the structure shall
be at least twenty (20) percent greater than the
base assessed value;
(2)
shall
rehabilitation,
The
property
undergo
renovation,
or replacement for commercial or
industrial use;
(3) The plan shall be consistent with the City's
comprehensive plan and zoning ordinances;
(4) The rehabilitation, renovation, or replacement
shall result in the conversion of a nonconforming
use to a conforming use; and
(5) Any partial exemption of property in the District
shall be subject to and comply with the provisions
of Virginia Code Sections 58.1-3220.1 and -3221 and
City Code Sections 35-70 through -74, as
applicable.
(e) Duration of exemption.
partial
exemption
of
Any
property in the District shall run with the real estate for a
period of fifteen (15) years from the date of the completion of the
rehabilitation, renovation, or replacement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 28th day of March, 2006.
1 ORDINANCE TO AMEND THE ECONOMIC DEVELOPMENT
2 INVESTMENT PROGRAM ("EDIP") POLICY AND
3 PROCEDURE TO FURTHER THE OCEANA LAND USE
4 CONFORMITY PROGRAM
5
6 WHEREAS, on January 25, 1994, the City Council of the City of
7 Virginia Beach (the "City Council") and the City of Virginia Beach
8 Development Authority (the "Authority") approved the Economic
9 Development Investment Program Policy and Procedure (the "EDIP
10 Policy") to ensure that the expenditure of Economic Development
11 Investment Program ("EDIP") funds is made in the public interest
12 and is in furtherance of the purposes for which the EDIP was
13 established;
14 WHERAS, on February 10, 2004, City Council and the Authority
15 approved certain amendments to the EDIP Policy;
16
WHEREAS, the City Council finds that one of the greatest
17 economic development measures the City can accomplish is to retain
18 NAS Oceana as a master jet base in the City of Virginia Beach;
19 WHEREAS, on December 20, 2005, the City Council adopted zoning
20 amendments made in response to the BRAC Order (the "APZ-1
21 Ordinance") in an effort to retain NAS Oceana as a master jet base
22 in the City of Virginia Beach; and
23 WHEREAS, City Council has determined that certain additional
24 amendments to the EDIP Policy are necessary to further the City's
25 efforts to convert certain property in APZ-1 and Clear Zone areas
26 to uses that conform to the APZ-1 Ordinance; and
1
27
WHEREAS, on March 21, 2006, the Authority approved such
28 amendments to the EDIP Policy, subject to City Council concurrence;
29 and
30 WHEREAS, Part C, Section 6 of the EDIP Policy provides that
31 the EDIP Policy shall not be amended without the prior consent of
32 the City Council and the Authority.
33 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
34 VIRGINIA:
35
1.
That the amendments to the EDIP Policy are hereby
36 approved in the form as attached hereto; and
37
2 .
That the Mayor is hereby authorized to execute the
38 amended EDIP Policy on behalf of the City.
39 Adopted by the City Council of the City of Virginia Beach,
March
, 2006.
40
Virginia, on the 28th day of
CA-9866
X:\OID\REAL ESTATE\DEVAUTH\EDIP\Forms\EDIPPOLBRAC.res.doc
March 17, 2006
R-1
Approved as to Legal
Sufficiency:
2
ECONOMIC DEVELOPMENT
INVESTMENT PROGRAM
POLICY AND PROCEDURE
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as
amended (the "Act");
WHEREAS, one of the primary purposes of the Act is to enable development
authorities "to promote industry and develop trade by inducing manufacturing, industrial,
governmental and commercial enterprises to locate in or remain in the Commonwealth....";
WHEREAS, pursuant to Sl 6 of the Act, the Authority has the power, inter alia,
"to sell, exchange, donate and convey any or all of its facilities or other properties whether
realty or personalty whenever the Authority shall find any such action to be in furtherance of
the purposes for which the Authority was organized";
WHEREAS, pursuant to Sl-7 of the Act, "the Authority may foster and
stimulate the development of industry in the area within its jurisdiction... [and] may accept,
and expend for the purposes stated above, money from any public or private source....";
WHEREAS, pursuant to _Sl 10 of the Act, the City of Virginia Beach (the
"City") "is authorized and empowered to make appropriations and to provide funds for the
operation of the Authority and to further its purposes";
WHEREAS, the economic development goals and objectives of the City
include achieving a higher ratio of nomesidential to residential real estate assessments,
investing in land and infrastructure to benefit future economic growth, and maximizing the
return of economic development efforts through the development and implementation of
programs and strategies that facilitate new business investment and encourage retention and
expansion activities thereby improving the overall quality of life in the City;
WHEREAS,-Jh~ single largest employer in the City is NAS Oceana'__0ug
investmel1b'2JY}iL~~m1Qmi~Jl~y~lQl~Jnent efforts aimed at retaiIlli!g NAS Oceana as a masl~r
iet base are critical to the City's economic "health":
~____nn___.._m_.._._._._..__.__.....m..._.._.......m.._.m_._m........,.,...._.__._m_mm._._.__~___...~___'"'"
WHEREAS, the City has established the Economic Development Investment
Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish
these goals and objectives;
WHEREAS, pursuant to the authority and empowerment set forth in '*~ 10 of
the Act, City Council has determined that it would be in the best interests of the City to
provide EDIP appropriations to the Authority to enable the Authority to more effectively
continue its efforts to foster and stimulate economic development by (i) inducing businesses
to locate or remain in the City; and (ii) providing incentives to qualifying developers and
property owners for the development or redevelopment of under improved or underdeveloped
properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the
City which have been designated as "Strategic Growth Areas" or "Economic
Redevelopment Areas' , , including infill development within such areas; and
WHEREAS, the City and the Authority have agreed that the provision of funds
in the EDIP account to the Authority for economic development purposes, and the
subsequent provision of such funds by the Authority to qualifying recipients, should be
subject to policies and procedures which will ensure that the expenditure of such funds is in
the public interest and is in furtherance of the purposes for which the ED IP was established;
NOW, THEREFORE, the City of Virginia Beach and the City of Virginia
Beach Development Authority hereby adopt the following Economic Development
Investment Program Policy and Procedures (the" Policy' ,):
PART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING BUSINESSES.
1. PURPOSE AND INTENT. The animating purpose of Part A of the
Economic Development Investment Program shall be to enhance the ability of the City of
Virginia Beach Development Authority to foster and stimulate economic development in the
City by inducing new businesses to locate in the City, and existing businesses to remain in
the City or to expand their operations.
2. I NVESTM ENT CRITERIA. Except as otherwise provided in paragraph
4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the
Director of Economic Development (the" Director' ') has determined, and has advised the
Authority that one or more of the following criteria have been met:
a. The net amount of direct tax revenues returned to the City by
a business to which EDIP funds are provided will exceed the amount of
EDIP funds so provided no later than thirty (30) months from the date
on which the business commences operations at a new or renovated
facility;
-----b. For every one dollar ($1) in EDIP funds provided, the
business to which such funds are provided will spend twenty-five
dollars ($25) or more in new capital investment, including buildings,
furnishings, and/or equipment; and/or
c. Every one thousand dollars ($1,000) in EDIP funds provided will
yield at least one (1) new "full-time equivalent" employment
opportunity in the business to which such funds are provided. However,
for businesses paying an average annual salary of $70,000 (excluding
benefits) the criteria shall be up to two thousand dollars ($2,000) in
EDIP funds provided will yield at least one (1) new "full-time
equivalent I I employment opportunity in the business to which such
funds are provided.
These criteria shall be reviewed by the Director and the Director of the
Department of Management Services _on a bi-annual basis. The Director shall recommend
any appropriate revisions to the City Council and the Authority for further consideration and
action.
In addition to the foregoing criteria, it is the goal of the Authority to approve
EDIP funds to businesses that pay an average annual salary of $3 5,000 (excluding benefits).
However, the Authority reserves the right to deviate from this goal in exceptional cases and
for good cause shown.
3. APPLICATION FOR EDIP AWARD. A business who desires EDIP
funds to locate, relocate or expand its business in the City of Virginia Beach may make
application for that purpose through the Department of Economic Development. The
applicant shall submit such information and documentation concerning its application as may
be required by the Director. The Director shall review the application and information
submitted and may, if the Director finds that the application meets the requirement of this
Part A, recommend to the Authority that it award EDIP funds to the business.
4. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the
Director, acting on behalf of the Authority, determines the need to provide EDIP funds to a
specific business, but the criteria set forth in paragraph 2 of this Part A have not been met,
3
the Authority shall obtain specific approval from City Council prior to its approval of the
provision of EDIP funds for such purpose.
5. AUTHORITY FINDINGS AND ACTION. Based upon the
recommendation of the Director, the Authority shall either approve or disapprove the
proposed provision of EDIP funds to the business. The Authority shall not be required to
approve the Director's recommendation, but shall exercise its legislative discretion in
determining whether, and to what extent, the application satisfies Part A of this Policy and
the Authority's objective of fostering and stimulating the development of industry in the
City. Provided, however, that prior to approval, the Authority must make the following
findings:
a. That the animating purpose of the proposed provision ofEDIP funds
to the business is to serve the public purpose of fostering and
stimulating economic development in the City of Virginia Beach, and
that the expenditure of such funds will only incidentally enure to the
benefit of private interests, if at all;
b. That the proposed provision of EDIP funds to the business is in
furtherance of the purposes for which the Authority was created;
c. That without the stimulus of the EDIP award, it is unlikely that
the business would locate or remain in the City; and
d. That as of the date of approval of the EDIP award, the business
had not yet commenced construction of the proposed improvements.
6. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the
Authority of the provision ofEDIP funds to a specific business pursuant to this Part A shall
be in the form of a resolution which shall include the following information:
a. The name, location, and nature of the business to which the funds
will be provided;
b. The amount of funds that will be provided;
c. The purpose or purposes for which the funds will be provided;
4
d. A statement that the criteria set forth in paragraph 2 of this Part A
have been met; or, in the alternative, that City Council has specifically
approved provision of EDIP funds for such purpose pursuant to
paragraph 4 of this Part A; and
e. A statement that the findings set forth in paragraph 5 of this Part A
have been made by the Authority.
PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO
QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE
DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC
GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREAS.
1. PURPOSE AND INTENT. It is recognized that within the City there
are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or
underdeveloped with improvements or land uses which are not economically viable or, in
master iet base in Virginia Beach. but, if developed, should stimulate industry and economic
development within the City. Moreover, such properties and areas, if developed or
redeveloped, may reasonably be expected to (i) generate additional tax revenue as a result of
capital investment; (ii) create additional job opportunities; (iii) influence similar
redevelopment and additional investment in nearby properties;(iv) further the goals of the
Comprehensive Plan and be consistent with the City f S Economic Development Strategy and
good zoning principles; and-(v) in the APZ:J and Clear Zone (!reas. encourage the conversion
.91J!Iopertv that .dQ~s not confOlJnJ9 the Citv's zoniUKf\Jnendments adoptyd in response tQ
the BRAC Qrder on De~s:mber 20.2005 (tbs:__"APZ-I Ordinanc~") to uses that do conform to
thsu~PZ-1 Ordinan.Q~ncluding the x~location of noncon(prming propeliies tQ-,l.[~5!~_Qf the
~ity outside the APZ-l and Clear ZQnes and the location ofconfonning pro..ns:rtis:s withjnl!J.s:
APZ-l and Clear Z0I1~~.;...___nml (vi) lead to the establishment of safe and convenient
neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic
Development Investment Program under _Part B of this Policy to enhance the ability of the
City of Virginia Beach Development Authority to foster and stimulate economic
development in the City by providing incentives for the development or redevelopment of
properties described herein.
2. ECONOMIC REDEVELOPMENT AREAS AND STRATEGIC
GROWTH AREAS. The Directors of the Departments of Economic Development and
5
Planning shall identify areas of the City (i) that are currently brownfields, greyfields, or
vacant, abandoned, under improved or underdeveloped, QIJhat<:lIQjILthe._<.1I9_aS ofJhe.Cily
.Qg_ti!g!1<:lts::d aB,'\PZ:J or C1Q;lrZQPQ:j,and (ii) which should be considered for redevelopment
or special development opportunities, but may lie outside of the Strategic Growth Areas as
set forth in the City I S Comprehensive Plan. Such areas shall be known_as "Economic
Redevelopment Areas I I. Once identified, an Economic Redevelopment Area must be
submitted to the City Council for designation as such by ordinance. To qualify for EDIP
funds under Part B of this Policy, a developer or owner of property must demonstrate that the
subj ect property is located within a Strategic Growth Area which has been designated as such
in the Comprehensive Plan or has been designated an Economic Redevelopment Area as
defined herein by ordinance of the City Council. For purposes of this Policy, the term
, , brownfields I I means vacant, abandoned or under improved real property large enough to
support significant expansion, redevelopment or reuse, but for which such expansion,
redevelopment or reuse is complicated by the presence of a substantial amount of hazardous
substances, pollutants, or contamination. The term "greyfields I I means underperforming,
declining or vacant real estate. Tl19JQrm "APZ~l''.J]'!Q~lns_bccident Potential ZgPQJ_ and the
areas!!o1-9uti fi9~Las ~PZ:L9J],Jb~1229_~' Air Inst<.1n~lti on~:LG~!mnatib Ie U sQZones'._'._C~h-I CUZ")
pamJ2h191J2Jd12Ullil-9!LbYJhG_U-:..S-:J29PSl-11me1lLQ.fJrre N ay-y,Ih-9JQnn_~~~ I ear ZOl]'Q:j_'.'.Ll~~9_1hQB9
?I.QflS (t9Bign(tlQQJlli_~~C19;lrZQJlQf:C_muhe t9j'>.2_AICJJZ mtmphI.9t
3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy
may be provided for office, industrial, retail, hotel and mixed use development (including
high density and multi-family residential uses). Notwithstanding the foregoing.l.~DIP funds
4. INVESTMENT CRITERIA.
(<:\1----]; orJ;GQ!1!o)Jl1iG.JS9Q9_YQ!QpmG_nLArgasl1Q! lOCj!1Q~i in APZ-I o(Cl.9ar
Zgnes, EDIP funds may be awarded pursuant to Part B of this Policy in such instances where
the Director has determined, and has advised the Authority, that -both of the following
criteria have been met:
i. H;The net amount of direct tax revenues returned to the City as a
result------ofthe development or redevelopment for which the EDIP funds are-
-------.provided will exceed the amount of the EDIP funds provided no later.
--------than 48 months following the payment of the EDIP award; or where-
6
---------------flexibility for tax abatement has been granted by the City, the amount ------
------------of direct tax revenues not abated as a result of the development or --
----------redevelopment for which EDIP funds are provided will exceed the ---
-------------.-amount of the EDIP funds provided no later than 48 months following ---
-------------the payment of the EDIP award; and
ii. tr.-F or every one dollar ($1) in EDIP funds provided, the owner
or developer of the development or redevelopment for which such funds are provided will
spend twelve and 50/100 dollars ($12.50) or more in new capital investment, including
buildings, furnishings, and! or equipment.
____________J.12t For .EcgnQ~]}icJ{edevelopm9-D:tArells 10G;1teq_t~lJl:g~~<\I:Z-I or GlG.1:lJ:
ZQ!}.Q;?-,,-J;;I?JP fYllQs nl::!Y-Q9_l:l'Narded pursuan.tlQJ~art [L~~f!hi~iI)9licy in such instances where
the Oceana Land Use Conformity Committee has determined. and has advised the Director
._~~_.._~__~.._....___......,_....._ . ._....._....._._.__~.._....._._.._._.----"_.___~. .____~~__.;..:l
!hillJhe deY91 opmentQLredev elopmemntt~!L}yhiS;h EQJJ?j~lt!lds lYill be_ prov!~k~t~yjJLha vGJhe
9II9ct ofj}u1;lWSing the goals ofJhe OceanaLandJlse Conforn]ity_J?rQgr1l1Jl,_ including
QringJng}lQ-.\Y_\l-i5eS into AP-Z:::Land Clear Zon.9_l:tr9l:!~_JJ}Qt.99nfofln mt~Lth9_j\:PZ-I Ordina~lc9,
Qonverti:nKJl.onqmfon:ninKJlses tQ_confonningI!~9~-,-J:Q!klin.ing cgn(<LlJning usesiILAP2d and
Cle'lLZQIl9Eh anltL91Q_~(tting nQn.~~~m19nlli!lgn~9.!Lilll\.~Z_:L an~Gle'H:_Zones to oth9Lareas _~!f
the Cit\1 where such uses would be consistent with the Comprehensive Plan and the City
_.__._mm.m._m=:J....................._...._..._"m"""""'''~~~~~_._..._.____~.~..,__,_"_,_,_,_,,_,_.........._......__.......,..._._'.m~~_mm"_' .~~--~.....................-...._,-,..........~..__._~-,,---_._.....,l-.
recomrp9n~19ti9J1fL!n;:tQsd?yJh9QG9l:!Xt<LL1l11Q U ~S:?mC9!1t~nIni!v CQmmj!1~.9,
The foregoing investment criteria and required return to the City shall be
interpreted as being a threshold for consideration for the award ofEDIP funds. No award of
such funds may be made unless all other requirements of Part B of this Policy are satisfied
and all findings stated in Part B of this Policy are made.--IhQ~~JJ!hm;ity shall have COnTg19!Q
discretion as to the award of funds and the amount of funds awarded as well as whether or
,_..._..._.................................~_'_'~"m_"m''''''''''___...__.............................._.....____m______..m._~'mm.m.........................._,,,...__._..___.._..,,..m'm_'_m'~_m__'m"_m"_mm'''.m..m.m'''''''''m".mmmm""......_,...........:..~
5. ~AVAILABILlTY OF FUNDS.
(a) EDIP funds may be authorized for use pursuant to Part B of this
Policy only to the extent that they have been appropriated by the City Council. Further,
provided that in any given fiscal year, the Authority shall not award more than fifty percent
(50%) of its appropriation for EDIP use for that year for development or redevelopment
purposes pursuant to Part B of this Policy without authorization of the City Council.
7
(1?l___m~_otwi tb~HJmliD-Kthe fO[Qg~2ing,jfJhe_C:itv~;9JlnGiLBPQ_QiJicall v
gpPIPprli!!9-,'iJm}q~_ forEQIP_J1sQjJLAJ?Z_-:l'lnd~]GflLZ~mQJ!XQ~lLll1en 100% of th9~Q
.~pecifigl11Y~lmIQPxhJte(Lttmds 11!nyhQ__lJBQSU~~rJ1GY919PD-1QDtQnd1.9deve lopmelltJ2!!!]2Q_~es
within Al?Z- _L~JmL~Jear Zon~~LPUI~Jlant!~LPm:1ItQLfuiB Policv-,-Hj1iJlmiG!nated that such
tl!!ld.s t~2LEQIP-1b'i9in i~J)Z::::lJ!fljLCl9-'lrZQ!2Q_~JI9a~J:yiUD-';__rr.m~e_~y_~!il'!.hIG.. from CI P - 9.060
tQs:e:m~umd Interf'lc;i 1 itv Traffic;_AIQfLC9ntQCmi tv ~!n~Lo'\sqqi?iti~p)-,
6. APPLICATION FOR EDIP AWARD. A qualifying developer or owner
of land who desires EDIP funds for use in the development or redevelopment of property
located in a Strategic Growth Area or an Economic Redevelopment Area may make
application for that purpose through the Department of Economic Development. The
applicant shall submit such information and documentation concerning its application as may
be required by the Director. The Director shall review the application and information
submitted and may, if the Director finds that the development or redevelopment of the
property described in the application satisfies all requirements of this Part B, recommend to
the Authority that it award EDIP funds to the applicant. In determining whether to
recommend that EDIP funds be awarded to an applicant, the Director shall find as follows:
a. Whether the provision ofEDIP funds is necessary to stimulate the
development or redevelopment of the property/area; and
b. Whether the development or redevelopment satisfies the investment
criteria set forth in paragraph 4 of this Part B.
Additionally, the Director may consider the following:
c. The amount ofEDIP funds remaining and available for use pursuant
to this Policy for the fiscal year.
d. The economic return to the City generated by the development or
redevelopment in addition to the criteria set forth in paragraph 4 of
_this Part B .
e. The expertise and experience of the developer or property owner
in redeveloping brownfields, greyfields, abandoned, blighted, under
improved and underdeveloped properties.
8
f. The degree to which the _redevelopment may influence development
___or redevelopment within the Strategic Growth Area or the Economic
___Redevelopment Area and adjacent or nearby properties.
g. The extent to which the development or redevelopment may serve
____to implement a change in use which is consistent with and/or furthers
_the goals of the Comprehensive Plan-and~ the City's Economic
Development Strategy. and the APZ-l Ordinance, as amended.
h. The number and types of jobs which the development or
redevelopment may expect to generate.
i. The amount of the applicant's capital investment in the development
or redevelopment of the property.
j. The extent to which the plan of development or redevelopment _
incorporates mixed uses, provides open space and focuses on
_transportation and transit accessibility.
7. AUTHORITY FINDINGS AND ACTION. Based upon the
recommendation of the Director, the Authority shall either approve or disapprove the award
of EDIP funds to the applicant. The Authority may attach conditions to the approval ofthe
award of EDIP funds. In the case of alJr{}wHsHeldln:~n.YJltld~j property, the Authority shall
attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall
provide to the Authority evidence of all permits or approvals as required by state, federal and
local regulatory agencies and compliance therewith. The Authority shall not be required to
approve the Director's recommendation, but shall exercise its legislative discretion in
determining whether, and to what extent, the applicant's proposed development or
redevelopment satisfies Part B of this Policy and the Authority's objective of fostering and
stimulating the development of industry in the City, including the retentionJ)fNAS Oceana
as a master let basQ. Provided, however, that prior to approval of the award ofEDIP funds to
an applicant, the Authority must make the following findings:
a. That the animating purpose of the proposed provision ofEDIP funds
----------- --to the applicant is to serve the public purpose of
fostering and ------------------stimulating economic development in
the City of Virginia Beach, jncluding th~~LQt~lltiQILQL~AS Oceana
m;_0.JImxi1~r jel.paseLand ---------------------..--~--that the
9
expenditure of such funds will only incidentally enure to the-------
------benefit of private interests, if at all;
b. -That the proposed provision ofEDIP funds to the applicant is in-
------furtherance of the purposes for which the Authority was created;
c. -That without the stimulus of the EDIP award, it is unlikely that the
-------------m------mproperty would be developed or redeveloped to
the extent proposed,-------or at the current time;
d. -That as of the date of approval of the ED IP award, the applicant --
------had not yet commenced construction of the proposed
development or -----mm_-------redevelopment;
e. -That the property has been designated (or is in an area which has -
--mm-been designated) as a Strategic Growth Area by the
Comprehensive----------Plan or an Economic Redevelopment
Area by ordinance of the City --m__--------------------.Council;
f. That the proposed development is consistent with the City f s -------
-Comprehensive Plan-anti., the City f S Economic Development
Strategy;
and
g. -That the scope and quality of the plan of development or
-redevelopment as proposed, will serve to influence
redevelopment and additional capital investment in
adjacent or nearby properties or, in APZ-l and Clear Zones, will
8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the
Authority of the provision of ED IP funds pursuant to this Part B_shall be in the form of a
resolution which shall include the following information:
a.- The name of the owner or developer of the property, and the -----
. location and a brief description of the development or
redevelopment;
b. -The amount of funds that will be provided;
10
c. -The purpose or purposes for which the funds are to be provided;
d. -A statement that the criteria set forth in paragraph 4 of this Part B
----.have been met'
,
e. A statement that the findings set forth in paragraph 7 of this ---.---
...--Part B have been made by the Authority; and
f. Any conditions to the approval of the award of the EDIP funds----
-.---_by the Authority.
9. ALTERNATIVE USES OF PART B FUNDS BY THE
AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC
GROWTH AREA OR AN ECONOMIC REDEVELOPMENT AREA. The Authority
may use EDIP Funds to purchase and improve property within a Strategic Growth Area or an
Economic Redevelopment Area. Prior to the approval of the use of EDIP funds for such
acquisition, the Authority must find that:
a. The property is located within a Strategic Growth Area or an -----
-.Economic Redevelopment Area; and
b. The acquisition and/or improvement of the property by the Authority
......-and its subsequent development or redevelopment will be in
conformity------.-..-with and/or furthers the goals of the
City's Comprehensive Plan, the -.---.-----.---.---.-------.-.---City' s
Economic Development Strategy. the APZ-l Ordinance. as arnendecL
and Part B of this Policy.
In addition to any property purchased using EDIP funds pursuant to
paragraph 9 of this Part B, the Authority may also use EDIP funds for the following
improvements to such property: (i) the installation of infrastructure; (ii) the demolition of
existing structures; or (iii) the remediation or cleanup of adverse environmental conditions.
The Authority may dispose of such property in accordance with state law and may
subsequently sell such property to a private party for development or redevelopment. In the
event of such sale, the Authority shall attach appropriate conditions to assure that the
development or redevelopment is in conformity with and/or furthers the goals of the City's
11
Comprehensive Plan, the City's Economic Development Strategy, t!.1Q!:\,PZ::J Qnlirr<:!uQQ. as
amended, and is in furtherance of the objectives of Part B of this Policy.
The proceeds of any property purchased by the Authority and sold
pursuant to paragraph 9 of this Part B shall be returned to the EDIP fund account.
PART C: GENERAL PROVISIONS APPLICABLE TO BOTH PARTS A AND B.
1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be
maintained by the Authority in a separate account and shall not be commingled with other
Authority funds.
2. EDIP FUND EXPENDITURES. All expenditures ofEDIP funds shall
be in keeping with this Policy and may enure only incidentally to the benefit of private
interests. In addition to the use ofEDIP funds pursuant to Parts A and B of this Policy, EDIP
funds may also be utilized to conduct appraisals, financial and market studies, and
architectural and engineering studies directly related to specific economic development
initiatives and/or projects being conducted by the Authority on behalf of the City.
3. PAYMENT OF EDIP FUNDS. When EDIP funds are awarded
pursuant to either Part A or Part B this Policy, they shall be paid to the authorized business or
the owner or developer at such time as the Director shall (i) obtain copies of invoices/receipts
from the business, or owner or developer showing the actual costs incurred for the purpose or
purposes for which the funds are to be provided; (ii) determine that the development or
redevelopment is in conformity with the plan of development presented to the Authority and
with all conditions which may have been attached to the approval of the award of the funds
by the Authority; and (iii) where required by the Authority, the business, or owner or
developer shall execute and deliver to the Authority an EDIP Recapture Agreement in a form
acceptable to counsel for the Authority.
4. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When
EDIP funds are awarded to an applicant pursuant to this Policy, such funds shall be used for
the purposes set forth in ~ 2.2-115( C ) of the Code of Virginia. These purposes are as
follows:
Public and private utility extension or capacity development on
and off-site; road, rail, or other transportation access costs
beyond the funding capability of existing programs; training
costs; site acquisition; grading, drainage, paving, and any other
12
activity required to prepare a site for construction; construction
or build-out of publicly owned buildings; or anything else
permitted by law.
5. REPORTING. The Authority shall provide City Council semi-annual
reports, on or before June 30 and December 31 of each year, outlining, in detail, the manner
in which the funds were provided. Such reports shall include, at a minimum, the information
required by subsections a, b, and c of paragraph 6 of Part A, subsections a, b, and c of
paragraph 8 of Part B, and information demonstrating compliance with the provisions ofthis
Policy and Procedure.
6. AMENDMENTS TO POLICY. The provisions of this Policy shall not
be amended without the prior consent and approval of the City Council and the Authority.
7 . APPLICATION OF POLICY. This Policy is specifically applicable to
the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to
be, applicable to the use of public funds from any source other than the EDIP.
8. EFFECTIVE DATE OF POLICY. This Policy shall become effective
immediately upon its approval by the City of Virginia Beach and the City of Virginia Beach
Development Authority, which approval shall be evidenced by signature of the Mayor of the
City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority
acting by, and on behalf of, the City and the Authority, respectively.
Mayor, City of Virginia Beach
Chair, City of Virginia Beach
Development Authority
x: \OID\REAL EST A TE\DEV A UTH\EDIP\h'l'lB')'FDlPR;,pm"l'(1f::I2IYZQQ(jJ'Qlj(,'}'c<;::j'r(lcc(lllrC~13Ri'\~'i\rnendIl1e[)t. DOC
PFA47h..CA...9.j.96
13
1
2
3
4
5
6
7
AN ORDINANCE TO AMEND CHAPTER 1 OF
THE COMPREHENSIVE PLAN BY
INCORPORATING PRINCIPLES GUIDING
THE VOLUNTARY CONVERSION OF
NONCONFORMING USES IN ACCIDENT
POTENTIAL ZONE 1 TO CONFORMING
USES
6
WHEREAS, on March 27, 2006, the Planning Commission held a
7 public hearing concerning the amendment of the Comprehensive
8 Plan (the UPlan") as set forth in the attached Exhibit A, and at
9 the conclusion of such public hearing, recommended that the Plan
10 be amended thereby;
11
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13
That the Comprehensive Plan be, and hereby is, amended and
14 reordained in accordance with the attached Exhibit A.
15
16
Adopted by the Council of the City of Virginia Beach,
17
Virginia, on the
, 2006.
day of March
28th
18
19
20
21
CA-9939
OID/ordres/AICUZ/APZ-1 Comp Plan ordin.doc
R-2
March 22, 2006
22
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
23
24
25
26
(\to?? ~p-Ob ()J ~ M . Mcu~l'
Plannin~artment City Attorney's Office
Exhibit A
Recommended Amendment to
Comprehensive Plan
March 28,2006
Underlined text indicates proposed addition to the following portion of
the Comprehensive Plan:
Chapter 1
Introduction and General Strategy
Page 12 of the Comprehensive Plan Policy Document
A strong military presence in the community
We want Virginia Beach to continue to be the proud host and home to the military. We
support the military and recognize the important contributions they make to our
community. We will work to further galvanize the strong partnership that has been a
hallmark of our relationship over the past four decades. The military presence in this
region is a major positive force that stabilizes our economy, provides numerous
government and private sector jobs, results in extensive government expenditures in the
private sector, and provides an important element in the identity for the region. The
military also helps by contributing to a reliable and well-trained 10callabor pool that is an
effective lure to desirable industry. A consistent and reliable AICUZ Program provides
necessary protection to potential development in the community from jet noise and
accident potential, and is an important factor in enabling the military to remain here in
force and contribute to our local economy. Future military aircraft basing decisions may
bring louder and more numerous aircraft accentuating the importance of giving due
consideration to this program during all land use decision making. Retention and growth
of the military presence in this region will be directly reflected in the economic vitality of
Virginia Beach.
To ensure that the military remains here in force and continues to contribute to our local
economy, areas of the city instrumental to military operations must be strategically
planned to consist of land uses that conform to OPNA V Instructions regarding AICUZ.
The area designated as Accident Potential Zone 1 is a geographic area of special concern.
Already subiect to the APZ-l ordinances, which prohibit by-right development not in
accordance with the OPNA V Instructions, and to the AICUZ Overlay Ordinance, which
prohibits discretionary approval by Council except in accordance with the OPNA V
Instructions, this area is also the subiect of an intense effort by the City to work with
willing property owners to transform nonconforming uses to conforming uses in APZ-l.
This effort will be conducted according to three basic principles:
1. The City will encourage the replacement of uses that are nonconforming under
Section 1804, Table 2 of the City Zoning Ordinance with those that are
conforming. Among the techniques to be used are retention of conforming uses
where they already exist. recruitment of conforming uses from outside the APZ-1
area, providing incentives to the private sector to replace nonconforming with
conforming uses, and location of appropriate conforming public uses within the
area.
2. The City's involvement will be only with willing property owners. While the City
will encourage, incentives and facilitate certain choices, it will not force solutions
on unwilling participants.
3. The City will encourage the orderly exercise of choice. Unsuitable uses will not
be allowed to intrude into areas where people live and work to the detriment of
the quality of life in those areas.
4. The replacement of nonconforming uses by conforming uses will be achieved in
such manner as to protect and enhance the health, safety, welfare and quality of
life of persons who work or reside in APZ-l and not adversely affect established
residential neighborhoods
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AMEND AND REORDAIN ARTICLE
18 OF THE CITY ZONING ORDINANCE (APPENDIX A)
BY AMENDING SECTIONS 1803 AND 1807 AND
ADDING NEW SECTIONS 1808, 1809 AND 1810
ALLOWING CERTAIN USES AS PRINCIPAL USES IN
ACCIDENT POTENTIAL ZONE 1 WHERE ALLOWED AS
CONDITIONAL USES IN THE UNDERLYING ZONING
DISTRICT
Sections Amended: City Zoning Ordinance
Sections 1803 and 1807
Sections Added: ci ty Zoning Ordinance
Sections 1808, 1809 and 1810
16
WHEREAS,
the City Council
desires
to
encourage
the
17 development of uses and structures in Accident Potential Zone 1
18 (APZ-1) that are compatible with flight operations at NAS Oceana
19 and that do not adversely affect established residential
20 neighborhoods; and
21
WHEREAS, the City Council intends to adopt other ordinances
22 and programs ( collectively, the "Oceana Land Use Conformity
23
Program" )
to make funds and incentives available for the
24 purposes of encouraging the voluntary replacement or relocation
25 of nonconforming uses in APZ-1, as determined pursuant to the
26 Table 2 of Section 1804 of the City zoning Ordinance, so as to
27 facilitate efforts of both the private and public sectors that
28 will roll back encroachment by nonconforming uses in APZ-1; and
29
WHEREAS, the City Council also desires to ensure that the
30 development and redevelopment of conforming uses J...n APZ-1 is
31 accomplished in a manner consistent with sound planning and land
32 use principles to promote the orderly and compatible co-
33 existence of different uses in APZ-1, to protect and enhance the
34 health, safety, welfare and quality of life of persons who work
35 or reside in APZ-1, and avoid adverse impacts to established
36 residential neighborhoods; and
37
WHEREAS, it is the opinion of the City Council that the
38 adoption of an ordinance creating zoning incentives to encourage
39 the development of conforming uses in appropriate areas within
40 APZ-1 is an effective means of accomplishing the aforesaid
41 objectives and an integral component of the Oceana Land Use
42 Conformity Program;
43
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
44 CITY OF VIRGINIA BEACH, VIRGINIA:
45
That Article 18 of the City Zoning Ordinance 1-S hereby
46 amended and reordained by the amen&nent of Sections 1803 and
47
1807 and the addition of Sections 1808,
1809 and 1810,
48 pertaining to principal uses allowed in the portions of the 0-2
49 Office District, B-2 Community Business District and 1-1 Light
50 Industrial District within Accident Potential Zone 1 (APZ-1), to
51 read as follows:
52 ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE
53 USE ZONES (AICUZ)
54
55 A. OVERLAY DISTRICT REGULATIONS.
56
2
57
58 Sec. 1803. Applicability.
59
(a) Area of applicability.
Except as provided in Section
60 1805 and :Ln Part B of this Article, the provisions of this
61 Article shall apply to discretionary development applications
62 for any property located within an Accident Potential Zone (APZ)
63 or Noise Zone 70-75 dB DNL or >75 dB DNL, as shown on the
64 official zoning map, that have not been approved or denied by
65 the City Council as of the date of adoption of this Article. For
66 purposes of this Article, discretionary development applications
67 shall include applications for:
68
1.
Rezonings, including conditional zonings;
69
2.
Conditional
use
permits
for
new
uses
or
70
structures, or for alterations or enlargements of
71
existing conditional uses where the occupancy
72
load would increase;
73
3 .
Conversions or enlargements of nonconforming uses
74
or
structures,
except where
the
application
75
contemplates the construction of a new building
76
or structure or expansion of an existing
use or
77
structure where the total occupancy load would
78
not increase; and
79
4.
Street
closures
where
the
application
80
contemplates the construction of a new building
3
81
or structure or the expansion of a use or
82
structure where the total occupancy load is
83
increased.
84
85
86
87
Sec. 1807. Reservation of powers; severability.
88
(a) Nothing in this Article shall be construed to require
89 the City Council to approve any application solely because it
90 meets the requirements of this Article, it being the intention
91 of this Article that the City Council shall be entitled to
92 exercise its authority ln such applications to the fullest
93 extent allowed by law.
94
(b) The provisions of this ocction Article shall be
95 severable, it being the intention of the City Council that in
96 the event one (1) or more of the provisions of this ocction
97 Article shall be adjudged to be invalid or unenforceable, the
98 remaining provisions of this ocction Article shall be unaffected
99 by such adjudication.
100 B. ACCIDENT POTENTIAL ZONE 1 (APZ-1).
101
102 Sec. 1808. Purpose and intent.
103
In addition to the purposes set forth in Section 1801, the
104 purpose of this Part shall be to encourage the development of
105 uses and structures in APZ-1 that are compatible with flight
106 operations at NAS Oceana by providing certain incentives for
4
107 development that will protect and enhance the health, safety,
108 welfare and quality of life of the residents in APZ-1 and not
109
adversely impact established residential neighborhoods.
The
110 provisions of this Part allow certain uses to be located In
111 appropriate zoning districts within APZ-l without the need for a
112 conditional use permit, so long as the physical and other
113 features of those uses, such as building design and materials,
114 parking lot and site landscaping, landscape screening, site
115 lighting and signage are of a quality demonstrably higher than
116 normal and the hours of operation are strictly limited so as to
117 not interfere with the quality of life in nearby residential
118 neighborhoods.
119
It is the intention of the City Council that a use be
120 allowed without a conditional use permit pursuant to these
121 provisions only: (i) in zoning districts within APZ-1 where the
122 use is appropriate; (ii) when the characteristics of the use are
123 clearly sufficient to prevent any adverse impacts to residential
124 or apartment uses or other property within APZ-1; and (iii) when
125 the design features and other characteristics of the proposed
126 use meet or exceed the standards set forth in Section 1811.
127
128 Sec. 1809. Development incentives and permitted uses in APZ-1.
129
5
130
(a) The following uses shall be allowed as principal uses
131 on property in Accident Potential Zone 1 (APZ-1) if all design
132 and other features enumerated in Section 1811 are provided:
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
(1)
0-2 Office District:
A.
Off-street
parking
with
in
conjunction
permitted uses ln an adjoining business
district, where such parking: (i) is limited
to the zonlng lot contiguous with the
business district use for which the parking
is provided; and (ii) does not extend more
than two hundred (200) feet into the 0-2
District.
(2) B-2 Community Business District:
A.
B.
Automobile repalr garages and small engine
repair establishments where all repair work
is performed within a building;
Automobile
dealing
repair
establishments
C.
D.
E.
exclusively ln minor repairs of the type
provided at automobile service stations;
Automobile service stations;
Boat sales;
Commercial
parking
and
storage
garages
garages which include car wash, car rental
6
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
or
detailing
wholly
services
when
car
enclosed within a parking structure and
accessory theretoi
F.
Commercial indoor recreation facilitiesi
G.
Fiber-optics transmission facilitiesi
H.
Mini-warehousesi
1.
Mobile home salesi
J.
Motor vehicle sales on lots larger than
20,000 square feeti
K.
Public
or
maintenance
utility
storage
installations.
(3 )
I-l Industrial District:
A.
Automobile service stationsi
B.
Automobile repair garagesi
C.
Fiber-optics transmission facilitiesi
D.
Firewood preparation facilitiesi
E.
Mobile home sales.
(b) Nothing 1n this section shall prohibit the City
171 Council from granting a conditional use permit for any of the
172 uses set forth herein upon proper application therefor.
173
174
175 Sec. 1810 Design, etc., features; notice.
7
176
(a) Any of the uses enumerated 1n Section 1809 shall be
177 allowed as a principal use in the zoning districts designated
178 therein if, in addition to all other applicable requirements of
179 this ordinance, the Planning Director finds that the utilization
180 of the following features is clearly sufficient to prevent any
181 adverse impacts to residential or apartment uses or other
182 property within APZ-1:
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
(1)
the use conforms to all general and specific
conditions applicable to such use under Part C of
Article 2 of this ordinance;
(2 )
enhanced
exceeding
site
and
parking
lot
landscaping
applicable
requirements,
both
qualitatively and quantitatively, is provided;
(3 )
exterior
lighting
is
of
low
intensity
and
residential in character and shielded 1n such
manner as to direct light and glare away from
residential areas;
(4) hours of operation are limited so as to avoid
disturbances to residential neighborhoods;
(5 )
signage
1S
either
nonilluminated
or,
where
from
freestanding,
is
externally
illuminated
ground level, no neon lighting visible from any
adjoining property is used,
and freestanding
8
199
200
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
signs are located as far from residential or
apartment districts as is practicable;
(6 )
storage
of
materials,
waste
containers,
or
merchandise, except for boats, motor vehicles,
motor homes or similar items for sale, is within
the interior of the building or is screened so as
to not be visible from streets or adjoining
properties;
(7) where
adjacent
to
residential
or
apartment
districts, enhanced landscape buffering exceeding
applicable requirements, both qualitatively and
quantitatively, is provided; and
(8) building design and exterior building materials
substantially conform to such of the UDesign
for Primary Residential Area"
set
Guidelines
forth in Chapter 7 of the Comprehensive Plan as
are appropriate for the use.
(b) Upon receipt of an application pursuant to this Part,
217 the Planning Director shall cause notice thereof to be sent by
218 certified mail to the record owner of each lot adjacent to, or
219
directly across the street from,
the property that is the
220 subject of the application, which notice shall invite corrunents
221 concernlng the application. The Planning Director shall give
9
222 careful consideration to the comments received in determining
223 whether to approve or disapprove the application, and shall, no
224 less than fifteen (15) nor more than 30 days after the date of
225 mailing of the required notices, either approve or disapprove
226 the application on the basis of the criteria set forth in this
227
Part and the comments received.
Such decision shall be in
228 writing and mailed or delivered to the applicant and all persons
229 who provided comments.
230 Adopted by the City Council of the City of Virginia Beach,
231 Virginia on the 28th day of March, 2006.
10
1 AN ORDINANCE TO AMEND AND REORDAIN THE
2 AIRPORT NOISE ATTENUATION AND SAFETY
3 ORDINANCE (APPENDIX I) BY ADDING A NEW
4 SECTION 14, PERTAINING TO AVIGATION
5 EASEMENTS ON PROPERTY WITHIN AIR
6 INSTALLATION COMPATIBLE USE ZONES
7
8 Section Added: Section 14
9
10
11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
12 BEACH, VIRGINIA:
13 That the Airport Noise Attenuation and Safety Ordinance of
14 the City 0 f Virg inia Beach (C i ty Code Appendix I) is hereby
15 amended and reordained by the addition of a new Section 14
16 thereto, pertaining to avigation easements on property wi thin
17 Air Installation Compatible Use Zones, to read as follows:
18
19
20
21
22
23
24
APPENDIX I. AIRPORT NOISE ATTENUATION AND SAFETY
ORDINANCE
Sec. 14. Avigation easements.
25
Any owner of property located wholly or partially ln a
26 Noise Zone of 65 dB DNL or greater is encouraged to provide the
27 United States Navy with an avigation easement prior to
28 development of the property, either as a proffer made as part of
29 a conditional zoning application or as part of the subdivision
30 review process. Such avigation easement shall acknowledge the
31 right of the United States Navy to conduct military operations
32 ln the airspace above the property and shall include a covenant
33 not to bring legal action for damages or other relief as a
result of noise levels from overflights.
The avigation easement
34
35 shall be ln a form recorrunended by the Planning Director and
36 shall be approved by the City Attorney.
37
Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 28th day of March, 2006.
2
1 AN ORDINANCE TO AMEND ORDINANCE 2914K,
2 ADOPTED BY THE CITY COUNCIL ON DECEMBER
3 20, 2005, PERTAINING TO THE CITY'S PLAN
4 FOR COMPLIANCE WITH THE BASE REALIGNMENT
5 AND CLOSURE COMMISSION'S DECISION
6 REGARDING NAVAL AIR STATION
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
That Ordinance 2914K, adopted by the City Council on
11 December 20, 2005, is hereby amended and reordained to read as
12 follows:
13
14
WHEREAS, in January, 2004, the City of Virginia Beach,
15 along with the cities of Norfolk and Chesapeake, joined with the
16 Navy and the Hampton Roads Planning District Commission 1n
17 participating in Joint Land Use Study (JLUS), the purpose of
18 which was to develop recommendations regarding land use policy
19 to reduce the impacts associated with military air operations;
20 and
21
WHEREAS, on May 10, 2005, the City Council adopted a
22 resolution accepting the Final Hampton Roads Joint Land Use
23 Study and directing the city staff to take appropriate measures
24 to implement the recommendations thereof; and
25
WHEREAS, the recommendations of the JLUS included, among
26 other things:
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42 and
43
44 JLUS
( 1 ) The
enac tmen t 0 f
enhanced nOlse
attenuation
disclosure
standards
and
real
property
requirements, both of which recommendations have
been fully implemented;
( 2 ) The
establishment
Air
Installations
of
an
Compatible Use Zone
(AICUZ)
Overlay District
based on the 1999 AICUZ map to protect public
health, safety & welfare and prevent encroachment
that would degrade military operations at Navy
airfields;
(3) The adoption of a program to purchase certain
properties
within
Interfacility
located
the
Traffic Area; and
(4) The amendment of
the Comprehensive
plan to
reflect AICUZ-related concerns;
WHEREAS, ln February 2005,
Subcommittee, jointly
the Navy and the City, though a
developed
a
Statement
of
45 Understanding including, among others, acknowledgments that:
46
47
48
49
50
(1) The establishment of a first-class resort at the
oceanfront is a strategic priority for the City
of
Virginia
in
to
order
and
that,
Beach
accomplish that goal,
the City Council will
consider adoption of Comprehensive Plan and City
2
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
Zoning Ordinance amendments that contemplate a
reasonable increase in the number of existing
residential units in the oceanfront area to a
number sufficient to support quality year-round
retail development.
This number is anticipated
to be less than the aggregate additional number
of units allowed by current oceanfront area
zoning; and
(2) The Navy lS deeply concerned about the impact of
aircraft operations on the proposed development
of the Resort Area,
and that the City will
address these concerns to the greatest extent
possible by inviting the Navy, as well as other
stakeholders, to participate in the process of
drafting the Oceanfront Resort Area Concept Plan.
The City recognizes that, in order to meet the
objectives of both the City and the Navy, the
applicable zonlng regulations must be totally
restructured. Among the City's objectives is an
increase in the number of residential units
currently existing, but substantially less than
currently allowed; and
WHEREAS, the 2005 Oceanfront Resort Area Plan and the
74 ordinances implementing the Plan include provisions that are
3
75 consistent with the "Map Showing U. S. Navy position Regarding
76 Airport Impact Planning Areas, January 2005" and are intended to
77 accomplish the goals set forth in the Statement of Understanding
78 while addressing the concerns expressed by the Navy;
79 and
80
WHEREAS, In August 2005, the Base Realignment and Closure
81 (BRAC) Commission added to the list of installations to be
82
closed
or
realigned
the
recommendation
to
realign
83 NAS Oceana by relocating the Atlantic Fleet's East Coast Master
84 Jet Base to Cecil Field in Jacksonville, Florida if, among other
85 things, the City of Virginia Beach fails to enact and enforce
86 legislation to prevent further encroachment of NAS Oceana by the
87 end of March 2006 by:
88
89
90
91
92
93
94
95
96
97
(1) Adopting
zoning ordinances
tha t requlre
the
governing bodies to follow Air Installations
Compatibility Use Zone
(AICUZ)
guidelines in
deciding discretionary development applications
for property in Noise Level 70 dB Day Night
Average Noise Level (DNL) or greater;
(2) Establishing a program to condemn and purchase
all the "incompatible use property," as defined
in the December 2002 OPNAV Instruction 10010.36B,
located within Accident Potential Zone 1 (APZ-1)
4
98
99
100
101
102
103
104
105
106
and to expend at least $15 Million annually in
furtherance of such program;
(3) Evaluating undeveloped properties l.n Noise Zones
of 70 dB DNL or greater to determine their
suitability for rezoning to classifications not
allowing
incompatible
uses
under
AICUZ
guidelines; and
(4) Establishing a program for the purchase of
development
rights
to
property
in
the
107 Interfacility Traffic Area between NAS Oceana and
108 NALF Fentress;
109 and
110
WHEREAS,
the
BRAC
Conunission's
Final
and
Approved
111 Reconunendations concern1.ng NAS Oceana have since become law (the
112 "BRAC Law"); and
113
WHEREAS,
the BRAC Law contemplates that the Inspector
114 General of the Department of Defense (the "Inspector General")
115 will determine, by June 1, 2006 whether the City has complied
116 with the conditions of the BRAC Law; and
117
WHEREAS,
l.n response to the BRAC Conunission's decision,
118 the City Council, as well as the Planning Conunission, have
119 provided numerous opportunities for interested parties to state
120 their views on potential City action to be taken in light of the
5
121 BRAC Commission's decision, through public hearings and other
122 public forums; and
123
WHEREAS, on October 11, 2005, the City Council established
124 the Virginia Beach Citizen BRAC Committee (BRAC Committee),
125 comprised of stakeholders and other interested persons, and
126 charged it with the duty to ensure consideration of all relevant
127 information and factors regarding the City's response to the
128
BRAC Law.
The BRAC Committee held several public meetings for
129 the purpose of obtaining public comment on the City's response
130
to the BRAC Commission's decision.
Each such public meetings
131 were well-publicized beforehand and well-attended by interested
132 persons; and
133
WHEREAS, the City Council commissioned a study of the costs
134 of complying with the conditions of the BRAC Law and the
135 potential economic effects of the realignment of NAS Oceana, and
136 the City Council has given mature consideration to the study in
137 determining the City's course of action; and
138
WHEREAS, the City Council anticipates that the Commonwealth
139 of Virginia will share equally with the City up to $15 Million
140 per year in total costs for property acquisition in Accident
141 Potential Zone 1 (APZ-1) and the Interfacility Traffic Area, as
142 described in the APZ-1 Use and Acquisition Plan dated December
143 14, 2005 and the Interfacility Traffic Area Property Acquisition
144 Plan dated December 15, 2005, respectively; and
6
145
WHEREAS, the Virginia Beach Planning Commission has given
146 careful consideration to the zoning ordinances comprising a
147 portion of the proposed plan and has recommended approval of
148 such ordinances; and
149 WHEREAS, the City Council has glven extensive consideration
150 to all potentially appropriate means of responding to the BRAC
151 Commission's decision;
152
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
153 OF VIRGINIA BEACH, VIRGINIA:
154 SECTION 1. Findings.
155 The City Council hereby finds that:
156
1.
Retaining NAS Oceana as the East Coast Master Jet Base
157 1S vital to preserving the economic vitality of the City of
158 Virginia Beach;
159
2.
The Navy's presence and the naval personnel stationed
160 at NAS Oceana, their spouses and children, as well as Navy
161 retirees who formerly served at NAS Oceana, are a source of
162 pride for the City and a part of the fabric of the City of
163 Virginia Beach;
164
3 .
The proposed plan for compliance with the conditions
165 of the BRAC Law ("BRAC Compliance Plan" or "Plan") conforms to
166 all such conditions, in that the Plan:
167
168
(a) Ensures that the City Council will, 1n a manner
consistent
with
the
requirements
of
the
7
169
170
171
172
173
174
175
176
177
178
179
180
181
182
183
Constitutions
of
the
United
States
and
Commonwealth of Virginia follow Air Installations
Compatibility Use Zone
(AICUZ)
guidelines in
deciding discretionary development applications
for property ln Noise Level 70 dB Day Night
Average Noise Level (DNL) or greateri
(b) Establishes a program for the acquisition of
properties ln the Interfacility Traffic Area
between NAS Oceana and NALF Fentressi and
(c) Prohibits future development,
and rolls back
existing development, of "incompatible uses," as
that term is defined ln the December 2002 OPNAV
Instruction 10010.36B,
located within Accident
Potential Zone 1 (APZ-1) i
The Plan also includes provisions contemplated by, and
4.
184 consistent with, the Joint Land Use Study and the Statement of
185 Understanding pertaining to restrictions on development in the
186 Interfacility Traffic Area and the Resort Areai
187
5.
The Plan represents careful balancing of the rights
188 and needs of the citizens and businesses of the City of Virginia
189 Beach with the need for consistency with the conditions of the
190 BRAC Lawi
191
6 .
The City has commenced, and is continuing to perform,
192 an evaluation of undeveloped property in areas within Noise
8
193 Zones of 70 dB DNL or greater to determine their suitability for
194 rezonlng to classifications not allowing incompatible uses under
195 AICUZ guidelines;
196
7.
The City and the Navy have worked together closely to
197 address the Navy's concerns, and the elements of the City's plan
198 directly address those concerns;
199
8.
Some of the conditions of the BRAC Law can be met by
such as zoning ordinances,
not
200
utilizing land use tools,
201 mentioned in or contemplated by the BRAC Law.
202 SECTION 2. ADOPTION OF ORDINANCES.
203
The following ordinances, true copies of which are hereto
204 attached and made a part hereof, are hereby adopted:
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
1.
An Ordinance to Amend and Reordain the City Zoning
Ordinance (Appendix A) by Repealing Section 221.1,
pertaining to Specific Standards for Conditional Uses
Within Certain Air Installations Compatible Use Zones
(AICUZ) and by Adding a New Article 18 Thereto,
Consisting of Sections 1800 through 1807, Establishing
the Policy of the City Council Pertaining to
Discretionary Development Applications and Sound
Attenuation Requirements in Buildings and Structures
in Certain Air Installations Compatible Use Zones
(AICUZ) [AICUZ Overlay Ordinance] ;
2.
An Ordinance to Amend the Comprehensive Plan by the
Incorporation of the NAS Oceana NALF Fentress
Interfacility Traffic Area Map;
3 .
An Ordinance to Amend the Comprehensive Plan by
Revising Chapters 1 (Introduction and General
Strategy), 2 (Strategic Growth Areas), 3 (Primary
Residential Area), 5 (Princess Anne/Transition Area),
9 (Natural Resources and Environmental Quality Plan),
the Appendix of the Policy Document and the Princess
Anne Corridor Plan by Incorporating provisions
9
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
266
267
268
269
270
271
272
273
274
pertaining to Air Installation Compatible Use Zones
(AICUZ), the Hampton Roads Joint Land Use Study and
the Air Installations Compatible Use Zones (AICUZ)
Overlay Ordinance [Comprehensive Plan amendments
incorporating AICUZ considerations] i
4.
An Ordinance to Amend the Official Zoning Map by the
Designation and Incorporation of the NAS Oceana - NALF
Fentress Interfacility Traffic Areai
5.
An Ordinance to Amend and Reordain the Airport Noise
Attenuation and Safety Ordinance (City Code Appendix
I), pertaining to Sound Attenuation Requirements in
Certain Buildings and Structures and Required
Disclosures in Residential Real Estate Transactions
6 .
An Ordinance to Amend Sections 401, 501, 601, 801,
901, 1001 and 1110 of the City Zoning Ordinance by
Prohibiting Uses Designated as Incompatible in the
Portions of Agricultural, Residential, Apartment,
Office, Business, Industrial and PD-H1 Zoning
Districts Within Accident Potential Zone 1 (APZ-1)
[APZ-1 Ordinance] i
7.
An Ordinance Amending Article 15 of the City zoning
Ordinance, Pertaining to Use Regulations, Dimensional
Requirements, Vehicular Parking Requirements, Density
Restrictions and Design Incentives in the RT-1, RT-2
And RT-3 Resort Tourist Districts and the Laskin Road
Gateway District [Resort Tourist District amendments]
8 .
An Ordinance Revising Density Restrictions in the RT-3
(LRG) Laskin Road Gateway Overlay Districti
9.
An Ordinance Establishing the Old Beach Overlay
Districti
10.
An Ordinance to Amend the Official Zoning Map by the
Addition of the Old Beach Overlay Districti
11.
An Ordinance Establishing Use Regulations, Dimensional
Requirements, Design Incentives, and the Old Beach
Design Review Committee for the Old Beach (OB) Overlay
Districti
12.
An Ordinance Amending the City Zoning
pertaining to the Definitions of the Terms
Ordinance
"Ancillary
10
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
298
299
300
301
302
13.
14.
15.
16.
17.
18.
Section 3.
Single-Family Dwelling Unit,1/ "Yard, 1/ "Interior Yard"
and "Mixed Use";
An Ordinance Allowing Ancillary Single-Family
Dwellings On The Same Lot as a Separate Single-Family
Dwelling;
An Ordinance to Amend and Reordain the Site Plan
Ordinance (Appendix C) to Require Site Plan Review of
Ancillary Single-Family Dwelling Units and Separate
Single-Family Dwelling Units on the Same Lot;
An Ordinance to Amend the Comprehensive Plan by
Incorporating the Resort Area Design Guidelines;
An Ordinance to Amend the Comprehensive plan by the
Incorporation of the Old Beach Design Guidelines;
An Ordinance to Amend
Repealing the Oceanfront
(1994) and Incorporating
Plan (November 2005); and
the Comprehensive Plan
Resort Area Concept
the Oceanfront Resort
by
plan
Area
An Ordinance to Amend Chapter 4 of the Comprehensive
Plan, Pertaining to the Oceanfront Resort Area Concept
Plan.
Adoption of property acquisition plans.
303
The following property acquisition plans, true copies of
304 which are hereto attached and made a part hereof, are hereby
305 approved and adopted:
306 (a) APZ-1 Use and Acquisition Plan, dated December 14, 2005;
3 07 and
308
(b)
309 dated December 15, 2005.
Interfacility Traffic Area Property Acquisition Plan
310 Section 4. Proposed legislation.
311 (a) The members of the City's General Assembly Delegation
312 are hereby respectfully requested to sponsor and support
11
313 legislation during the 2006 General Assembly session that will
314
authorize
the City of Virginia Beach,
under the
limited
315 circumstances set forth in the APz-1 Use and Acquisition Plan,
316 to acquire properties by the exercise of eminent domain or
317 otherwise effectuate the Plani and
318
(b)
The
Ci ty Manager
and ci ty Attorney
are
hereby
319 authorized and directed to cooperate to the fullest extent with
320 the members of the City's General Assembly Delegation in
321 connection with the legislative process for the enactment of
322 such legislation.
323 Section 5. Amendments to plan.
324
The City Council recognizes that the execution of the BRAC
325 Compliance Plan involves complex and difficult issues, and that
326 not every potential circumstance could have been foreseen during
the formulation of the Plan.
It is the expectation of the City
327
328
Council
that amendments
refining
the
Plan and addressing
329 unforeseen or newly-arisen circumstances will be brought forward
330 for its consideration, and to that end, the City Manager and
331 City Attorney are hereby authorized and directed to bring
332
forward,
for
the
City
Council's
consideration,
proposed
333 amendments to the Plan whenever the same are necessary or
334 appropriate to accomplish the purposes of the Plan.
335
336
12
337 Section 6. Execution.
338 The City Manager and City Attorney are hereby authorized
339 and directed to take all necessary or appropriate actions to
340 execute the provisions of the Plan.
341 Section 7. Property acquisition.
342
The City Manager 1S hereby authorized and directed, on
343 behalf of the City, to acquire property in Accident Potential
344 Zone 1 and in the Interfacility Traffic Area in accordance with
345 the APZ-1 Use and Acquisition Plan and Interfacility Traffic
346 Area Acquisition Plan, respectively, to the extent funds are
347 available, and to include funding sufficient to acquire such
348 properties in the proposed budgets for forthcoming years.
349 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF
350 VIRGINIA BEACH, VIRGINIA:
351 In adopting thi3 ordinancc, thc The City Council
352 contcmplatcD reauests that the elements of the City's Plan
353 consisting of the Resort Area-related ordinances, the AICUZ
354 Overlay Ordinance, the APZ-1 Ordinance, the APZ-1 Use and
355 Acquisition Plan and the Interfacility Traffic Area Acquisition
356 Plan will be approved by the United States Navy as a component
357 of the Joint Land Use Study or an AICUZ Plan that includes such
358 elements, and thc City Council hcrcby rCDcrVC3 thc right to
359 rcpcal, amcnd or othcnd:Jc modify thc pro7iDion:J of thi:J
360 ordinancc in thc C7cnt 3uch approval i:J not g17cn.
13
361
DE IT FURTHER ORDl':..INED DY THE COUUCIL OF THE CITY OF
3 62 ~/IRG INI],.. DE]'..CH, ~/IRG INI],.. .
363
That the City Cler]c i3 hereby directed to tranomi t a copy
364 of thi3 ordinance to each member of the City'3 General A33embly
365 Delegation.
366 Adopted by the City Council of the City of Virginia Beach,
367
Virginia, this 28th day of March
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
~l~ !:{g~
City Attorney's
CA-9969
OID\Land Use\ordres\BRAC
March 28, 2006
R-5
Plan 3-28 Ordin.doc
14
1
2
3
4
AN ORDINANCE APPROPRIATING
$15,000,000 TO COMPLY WITH BRAC
REQUIREMENTS
5
WHEREAS,
on December 20,
2005,
the City Council
6
adopted Ordinance No.
2914 K,
entitled "An Ordinance
7 Adopting the City's Plan for Compliance with the Base
8 Realignment and Closure Commission's Decision Regarding
9
Naval Air Station Oceana"
as well as other related
10 ordinances, including the adoption of the APZ-1/Clear Zone
11 Use and Acquisition Plan and the Interfacility Traffic Area
12 Property Acquisition Plan; and
13 WHEREAS, in adopting Ordinance No. 2914 K and the APZ-
14 l/Clear Zone Use and Acquisition Plan and the Interfacility
15 Traffic Area Property Acquisition Plan, the City Council
16
signaled
their
intention
to
comply
with
the
Base
17 Realignment and Closure (BRAC) Commission's mandate to
18 establish a program to "condemn and purchase" all the
19 "incompatible use property," as defined in the December
20 2002 OPNAV Instruction 10010. 36B, located within Accident
21 Potential Zone 1 (APZ-1) and to expend at least $15 Million
22 annually in furtherance of such program; and
23
WHEREAS,
the
City
Council
anticipates
that
the
24 Commonwealth of Virginia will share equally with the City
25 in meeting the annual $15 Million per year expenditure
26 requirements; and
27 WHEREAS, on May 9, 2006, the City Council will adopt a
28 budget for fiscal year 2006-07; and
29 WHEREAS, to comply with the BRAC Commission's mandate,
30 the City Council has elected to appropriate $15,000,000 in
31 advance of approval of the fiscal year 2006-07 budget; and
32 WHEREAS, this appropriation will merge into and become
33 a part of the fiscal year 2006-07 budget and will be
34
transferred into Capital
Project
#9-060,
Oceana and
35 Interfacility Traffic Area Conformity & Acquisition, on May
36 9, 2006.
37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
38 THE CITY OF VIRGINIA BEACH, VIRGINIA:
39
1.
That $15,000,000 is hereby appropriated to the
40 operating budget for the purpose of funding the City's APZ-
41 1 program thus making funds available to administer and
42 implement both the APZ-l Use and Acquisition Plan and the
43 Oceana Land Use Conformity Plan, with estimated local
44 revenue increased by $7.5 million and estimated state
45 revenue increased by $7.5 million accordingly.
46
2.
That this ordinance will take effect on July I,
47 2006.
48 Adopted by the Council of the City of Virginia Beach,
1
49 Virginia, on the 28th day of March
, 2006.
APPROVED AS TO CONTENT:
!!u~~~e~
CA-9962
PA/GG/ORDRES/BRAC $7.5 million ORD
R-3
March 16, 2006
APPROVED AS TO LEGAL
SUFFICIENCY:
)~ ?Lft!-- ~
City Attorney' Offlce
~~"
,(~~..I'" OOS.7 ~,
("~~.... '.:@,l
is- ..W~
~_ -- 1:>
\~~..~#
~~~.:;.;.
CITY OF VIRGINIA BEACH
AGENDA ITEM
ITEM: An Ordinance to Amend Ordinance #29288 Pertaining to Capital Project # 9-
060, Conformity and Acquisition Fund - APZ-1 and Interfacility Traffic Areas
MEETING DATE: March 28, 2006
. Background: On December 20, 2005, City Council adopted a "Plan for
Compliance with the 8RAC Commission's Decision Regarding NAS Oceana" which
included property acquisition plans for property in Accident Potential Zone-1 (APZ-1)
and the Interfacility Traffic Area.
The APZ-1 Use and Acquisition Plan and the Intetfacility Traffic Area Property
Acquisition Plan call for the establishment of an acquisition project or fund to manage
the revenue and expenditures associated with the voluntary acquisitions of affected
properties.
On March 7, 2006, City Council adopted ordinance # 29288 which established a new
capital project # 9-060, Conformity and Acquisition Fund - APZ-1 and Interfacility Traffic
Areas, in the FY 2005-06 Capital Improvement Program.
. Considerations: This ordinance will amend ordinance #29288 to clarify that
purchases under capital project #9-060 will be consistent with the Oceana Land Use
Conformity Program as well as the City's APZ-1 Use and Acquisition Plan and the
Interfacility Traffic Area Property Acquisition Plan.
. Recommendations: Approval.
. Attachments: Ordinance
Recommended Action: Approval
Submitting Department/Agency: Department of Management Services
City Manager:
1
2
3
4
5
6
AN ORDINANCE TO AMEND ORDINANCE #2928B
PERTAINING TO CAPITAL PROJECT # 9-060,
CONFORMITY AND ACQUISITION FUND - APZ-l
AND INTERFACILITY TRAFFIC AREAS
WHEREAS, on March 7, 2006, the City of Virginia Beach
7 adopted ordinance #2928B establishing capital project #9-060.
8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10 That ordinance #2928B is hereby amended to read as follows:
11
1.
That
capital
project
#
9-060,
Conformity
and
12 Acquisition Fund - APZ-l and Interfacility Traffic Areas, is
13 hereby established in the Capital Improvement Program for the
14 purpose of purchasing land or interests in land and facilitating
15 the conversion of non-conforming property uses under the Navy's
16 OPNAV Instruction to conforming uses in the APZ-l areas
17 surrounding NAS Oceana, and for the purpose of purchasing land
18 or interests in land or property in the Interfacility Traffic
19 Area between NAS Oceana and NALF Fentress, all consistent with
20 the City's APZ-l Use and Acquisition Plan~ aHfi the Interfacility
21 Traffic Area Property Acquisition Plan, and the Oceana Land Use
22 Conformity Program.
23
2.
That $3,700,000 is hereby appropriated from the fund
24 balance of the Agricultural Reserve Program Special Revenue Fund
25 to capital project # 9-060, Conformity and Acquisition Fund -
26 APZ-l and Interfacility Traffic Areas, in the FY 2005-06 Capital
27 Budget for the purpose of purchasing land or interests In land
28 in the Interfacility Traffic Area from willing sellers, with
29 revenue from fund balance increased accordingly.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia, on the 28th day of
March
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
jJ~dQ.B-Afl~,"-
Management Services
j~.( ( j( ~l,_
City Attorney's fflce
CA9971
H:\PA\GG\OrdRes\APZ1 Acquisition ORD amended
R-2
March 28, 2006
- 30-
Item v'K..2.
PLANNING
ITEM # 55055
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant, and was in concurrence with the request to DEFER
INDEFINITELY. to determine the 70 dbD line as it crosses the Alcar property. Because of the scale of
the maps, this line occupies 200 feet. The determination should be provided within 30 to 40 days. The
applicant will meet with the surrounding communities and review the plan re proposed lanes of
Nimmo Parkway.
Patrick C. Ormsby, 1708 Corns ilk Circle, Phone: 427-6633, President - Southgate Civic Organization,
registered opposition to the building of this development. Mr. Ormsby expressed concern re lack
of signage and the project "Nimmo's Quay" is expected to generate 1366 vehicle trips per day.
Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council DEFERRED
INDEFINITELY, Ordinance upon application of ALCAR, L.L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF ALCAR, L.L.c. FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-7. 5
Ordinance upon Application of ALCAR, L.L. C. for a Change of Zoninz District
Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-7.5
Residential District on property located on the north side of the Nimmo
Parkway Right-of Way (unimproved), 910 feet west of Rockingchair Lane
(GPINs 2404371630; 2404573796; 2404564943). DISTRICT 7 - PRINCESS
ANNE
Voting: 11-0
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and
Company and earns compensation which exceeds $10,000.00 annually. Goodman and Company
previously provided services to ALCAR, L.L. c., although, her husband did not personally provide
services to ALCAR, L.L. C. ALCAR, L.L. C. is no longer a client of Goodman and Company, she could
participate in the best interest of the City.
March 28, 2006
- 31 -
Item V.K.3.
PLANNING
ITEM # 55056
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant, the Mundenfamily, owners of the 71.68 acre parcel
of land for over a century on the east side of Princess Anne Road, northern end of the Transition Area.
To the east, this property adjoins the Heritage Park community and southeast Ashville Park
community. All homes will adjoin open space and no home will be located within 400 feet of
Princess Anne Road. Miles of trails have been proffered. Attorney Bourdon advised a bridge will be
constructed at the northeast corner of the site to connect to the open space trail system
within Heritage Park. Turn lanes (both left and right) will be installed on Princess Anne Road.
A buffer of over 300 feet along Princess Anne Road has been preserved. The first 150 feet will be
dedicated to the City with the remainder being maintained by the Homeowners Association. The
applicants have proffered to pay the City $53,250. to add to the open space acquisition fund.
Nancy Williamson, 17 Winslow Court, Annapolis, Maryland, Phone: (410) 263-3815, registered in
Opposition. Mrs. Williamson is the owner offarm land (ARP) adjacent to the application. Princess
Anne Road is in the rural area of the City and one of Mrs. Williamson's main objections is placing
more single family homes in this agricultural area which is developing too fast. Approximately 700
homes are already available in Ashville and Heritage Parks. The High School and Middle School are
severely overcrowded. On May 15, 2005, the Navy issued the opinion that this application is in the 65-70
decibel noise zone and deemed incompatible for residential development.
Barbara M. Henley, 3513 Charity Neck Road, 426-7501, requested deferral, advised her strong
belief in the Agricultural Reserve Program (ARP) and the need to be sure the Agricultural industry is
maintained. A strong message can be sent to the Navy that this city intends to keep houses out of high
noise areas. The majority of the site is in the 65-70 decibel noise area where residential use is not
compatible. Mrs. Henley cited the history of the Agricultural Reserve Program which was funded with a
dedicated funding source.
A MOTION was made by Councilman Dyer to DEFER the Ordinance upon application of MUNDEN
LAND, L.L.C.for a Conditional Change of Zoning. The MOTION WAS LOST due to a LACK OF A
SECOND.
Upon motion by Councilman Schmidt, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of MUNDEN LAND, L.L.C.for a Conditional Change of Zoning:
ORDINANCE UPON APPLICATION OF MUNDEN LAND, L.L.c. FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG-1 AND
AG-2 TO CONDITIONAL PD-H2 PLANNED UNIT DEVELOPMENT
Z03061244
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Munden Land, L.L. C. for a ChanfZe of Zoning
District Classification from AG-1 and AG-2 Agricultural Districts to
Conditional PD-H2 Planned Unit Development District (R-10 Residential
and P-1 Preservation) on property located on the East side of Princess Anne
Road, approximately 1350 feet South of Sandbridge Road (GPIN
24142007960000). The Comprehensive Plan designates this site as being
part of Princess Anne (Transition Area). The purpose of this zoning change
is to develop 71 single-family homes. DISTRICT 7 - PRINCESS ANNE
March 28,2006
- 32 -
Item v'K.3.
PLANNING
ITEM # 55056 (Continued)
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of March, Two
Thousand Six
Voting: 8-3
Council Members Voting Aye:
Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Robert M. Dyer, Reba S. McClanan and Mayor Meyera E. Oberndorf
Council Members Absent:
None
March 28, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6180
DATE: March 17, 2006
FROM:
Leslie L. Lille~
B. Kay Wilson"
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Munden Land~ LLC
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on March 28, 2006. I have reviewed the subject proffer agreement, dated
March 31,2005, and have determined it to"be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW Iks
Enclosure
cc: Kathleen Hassen
PREPARED BY:
~.m SYl([S. ROURDON.
~.iI1t AllrnN & LM. P.C
MUNDEN LAND, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 31st day of March, 2005, by and between
MUNDEN LAND, L.L.C., a Virginia limited liability company ("Munden"), Grantor;
and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of a certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, Virginia, containing
approximately 71.68 acres and described in Exhibit "A" attached hereto and
incorporated herein by this reference, which is herein referred to as the "Property";
and
WHEREAS, the Grantor has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so
as to change the Zoning Classifications of the Property from AG-1 / AG-2 to
Conditional R-10 Residential District and P-1 Preservation District with a PD-H2
Overlay; and
WHEREAS, the Grantee's policy is to provide only for the orderly
development of land for various purposes through zoning and other land
development legislation; and
WHEREAS, the Grantor acknowledges that competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and
the need for various types of uses, certain reasonable conditions goveming the
use of the Property for the protection of the community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which
the Grantors' rezoning application gives rise; and
GPIN: 2414-20-6672
1
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public hearing before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-
10 Zoning District by the existing overall Zoning Ordinance, the following
reasonable conditions related to the physical development, operation, and use of
the Property to be adopted as a part of said amendment to the Zoning Map
relative and applicable to the Property, which has a reasonable relation to the
rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
goveming body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby
makes the following declaration of conditions and restrictions which shall restrict
and govem the physical development, operation, and use of the Property and
hereby covenant and agree that this declaration shall constitute covenants
running with the Property, which shall be binding upon the Property and upon
all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, grantee, and other successors in interest or
title and which will not be required of the Grantor until the Property is developed:
1. When development takes place upon that portion of the Property
which is to be developed, it shall be as a single family residential community of
no more than seventy-one (71) building lots substantially in conformance with
the Exhibit entitled "Conceptual Land Use Plan Of MUNDEN FARMS, Princess
Anne Road Virginia Beach, VA", dated 03/31/05 (Revision A), prepared by MSA,
P.C., which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning ("Land Use Plan").
2. When the Property is developed, the "150' TRANSITION AREA
BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee for
PREPARED BY: future improvement and public use as a bicycle trail and/ or horse trail and
BJI~~ ~~~.~~. Landscaped Open Space consistent with the Grantee's Comprehensive Land Use
Plan.
2
3. When the Property is developed, approximately 42.6 acres of
landscaped and vegetated open space, and lakes as depicted on the Land Use
Plan shall be zoned P-l Preservation District. All of the Open Space except the
"150' TRANSITION AREA BUFFER" shall be dedicated to and maintained by the
Property Owners Association.
4. When the Property is developed, the trails which are depicted on the
Land Use Plan shall be created consistent with the "WOODLAND TRAIL" detail on
the exhibit entitled "Detail Sheet Plan of Munden Farms, Princess Anne Rd.,
Virginia Beach, Va.", dated 03/31/05, Revision A, prepared by MSA, P.C., which
has been exhibited to the Virginia Beach City Council and is on file with the
Virginia Beach Department of Planning ("Detail Sheet").
5. The community entrance and the proposed street sections of the
roads within the community shall be constructed and installed substantially in
conformance with the plans depicted on the Detail Sheet. When the Property is
subdivided, any required additional right of way along the Property's frontage on
Princess Anne Road shall be dedicated by the Grantor to the Grantee and a left
tum lane from Princess Anne Road shall be constructed by the Grantor.
6. When the Property is subdivided, the residential building lots shall
have a minimum of 12,000 square feet and they shall be subject to a recorded
Declaration of Protective Covenants, Conditions and Restrictions ("Deed
Restrictions") administered by a Property Owners Association, to which
membership is mandatory. The Property owners Association shall be responsible
for maintaining all Open Space areas, Common Areas, trails, easements and the
entrance feature. The Deed Restrictions shall prohibit the operation of
motorcycles or all terrain vehicles ("ATV's") within the Open Space Areas. The
Deed Restrictions shall mandate that all fencing be uniform, black omamental
aluminum, no more than f1fty percent (50%) opaque, no greater than 48 inches in
height, similar in style with the fencing shown in the photograph labeled
"Entrance Treatment Character into Munden Farms", on the Land Use Plan.
PREPARED BY: 7. All residential dwellings constructed on the Property shall have
~m SYKfS. ROURDON.
~q AIlfRN & UVY. P.c. visible exterior surfaces, excluding roof, trim, windows, and doors, which is no
less than seventy-five percent (75%) brick. The architectural features and
3
PREPARED BY:
~m STIIS. IlOURDON.
~... AHmN & LEVY. P.c.
exterior appearance of the dwellings shall be substantially in keeping with the
appearance of the homes depicted in the photographs entitled "MUNDEN FARMS
- HOMES" dated March 30, 2005 which have been exhibited to the Virginia
Beach City Council and are on fIle with the Virginia Beach Department of
Planning ("Elevations"). Those portions of the visible exterior surfaces, excluding
roof, trim, windows and doors, which are not brick, shall be a Hardi-P1ank or
similar, high quality material. Anyone story dwelling shall contain no less than
2400 square feet of enclosed living area excluding garage area and any two-story
dwelling shall contain no less than 2600 square feet of enclosed living area
excluding garage area. The front yards of all homes shall be sodded. The Deed
Restrictions shall require each dwelling to have, at a minimum, a two (2) car
garage. The required minimum setbacks for front yards and side yards adjacent
to streets shall vary from 35 feet to 40 feet as specified for each individual lot in
the table on the Land Use Plan.
8. The Grantor shall include the following disclosure in (a) the "Deed
Restrictions"; (b) the subdivision p1at(s); and (c) the contract(s) wherein they
convey any residential lots depicted on the subdivision p1at(s):
THIS SUBDIVISION IS LOCATED ADJACENT TO A PARCEL ENROLLED IN
THE GRANTEE'S AGRICULTURAL RESERVE PROGRAM AND MAY BE
SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE
LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON
SAID PARCEL OR OTHER NEARBY PROPERTY.
9. A detailed landscaping plan for all open space areas shall be
submitted to the Director of the Department of Planning, or his designee, for
review and approval prior to subdivision approval.
10. The Grantors recognize that the subject site is located within the
Transition Area identified in the Comprehensive Plan of the City of Virginia
Beach, adopted on December 2, 2003. In addition to integrating significant open
spaces with a low density, high quality, housing component as specified in the
Comprehensive Plan, the party of the first part agrees to contribute the sum of
Seven Hundred Fifty Dollars ($750.00) per lot to Grantee to be utilized by the
Grante~ to acquire land for open space preservation pursuant to Grantee's
4
Outdoors Plan. If the funds proffered by the party of the first part in this
paragraph are not used by the Grantee anytime within the next twenty (20) years
for the purpose for which they are proffered, then any funds paid and unused
may be used by the Grantee for any other public purpose. The party of the first
part agrees to make payment for each residential lot shown on any subdivision
plat prior to recordation of that plat.
11. The Grantor will, if permitted to do so by the owner(s) of the parcel
adjacent to the southem boundary of the Property, which parcel is enrolled in the
Grantee's Agricultural Reserve Program, excavate and re-grade the existing
drainage ditch which runs parallel and adjacent to the shared boundary line.
The excavated and re-graded drainage ditch shall have a minimum depth
measured from top of bank to toe of slope of four and one-half feet (4.51.
12. Further conditions may be required by the Grantee during detailed
Site Plan and/or Subdivision review and administration of applicable City codes
by all cognizant City agencies and departments to meet all applicable City code
requirements. Any references hereinabove to the R-I0 and P-l Zoning Districts
and to the requirements and regulations applicable thereto refer to the Zoning
Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in
force as of the date of approval of this Agreement by City Council, which are by
this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed
and accepted by the Grantee as part of the amendment to the Zoning Ordinance,
shall continue in full force and effect until a subsequent amendment changes the
zoning of the Property and specifically repeals such conditions. Such conditions
shall continue despite a subsequent amendment to the Zoning Ordinance even if
the subsequent amendment is part of a comprehensive implementation of a new
or substantially revised Zoning Ordinance until specifically repealed. The
conditions, however, may be repealed, amended, or varied by written instrument
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
PREPARED BY, Virginia, and executed by the record owner of the Property at the time of
(;Jm SillS. nOURDON.
&'.~ .<\lImN & 1M. P.c. recordation of such instrument, provided that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of an ordinance or a
5
PREPARED BY:
~m SYIU:S. ROURDON.
mill AHmN & liVY. P.c.
resolution adopted by the goveming body of the Grantee, after a public hearing
before the Grantee which was advertised pursuant to the provisions of Section
15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of
such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia,
shall be vested with all necessary authority, on behalf of the governing body of
the City of Virginia Beach, Virginia, to administer and enforce the foregoing
conditions and restrictions, including the authority (a) to order, in writing, that
any noncompliance with such conditions be remedied; and (b) to bring legal
action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or
proceeding;
(2) The failure to meet all conditions and restrictions shall constitute
cause to deny the issuance of any of the required building or occupancy permits
as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantors shall petition the governing body for
the review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the
ordinances and the conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors
and the Grantee.
6
WITNESS the following signature and seal:
GRANTOR:
Munden Land, L.L.C.,
a Virginia limited liability company
By:
~~ ~AL)
Wa e F. Munden,
Managing Member
STATE OF VIRGINIA >(0 . j,-
CIPfjCOUNTY OF / OC,-ht1.-<-e-
,
, to-wit:
. The foregoing instrument was acknowledged before me this L day of
~ r-' I , 2005, by Wayne F. Munden, Managing Member of Munden Land,
L.L.C., a Virginia limited liability company, Grantor.
7Y~~~~
My Commission Expires: . & I ~3 o/~ c; ~"''''''''''
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7
PREPARED BY:
. SY~IS. BOURDON.
AllrRN & tM. P.c.
EXHIBIT "A"
All that certain lot, tract, piece and parcel of land, with the improvements
thereon, and the appurtenances thereunto belonging, situate, lying and being in
the City of Virginia Beach, Virginia, fronting on Princess Anne Road (f/kl a Pungo
Road), designated and described on a certain plat and survey made by W. B.
Gallup, County Surveyor, March 20, 1950, duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 25, at Page
65, and which described the property more particularly as follows:
BEGINNING at a post in the Eastem line of the right of way of the Princess Anne
Road (f/k/a Pungo Road) at the intersection of the property hereby conveyed and
the property of the Eddie James Farm, and from said point extending along the
line of the property of James South 570 21' East four hundred twenty eight (428)
feet to a point; South 570 21' East four hundred (400) feet to a point, South 570
21' East one thousand one hundred forty-five (1,145) feet to a point; thence
continuing and running along the center line of a ditch South 570 51' East one
thousand fifty and six tenths (1,050.6) feet to a point; thence South 460 54' West
two hundred nine (209) feet to a point; South 570 54' West two hundred thirty
one and five tenths (231.5) feet to a point; South 540 04' West seventy five (75)
feet to a point, South 470 50' West seventy two (72) feet to a point; South 610
West one hundred sixty five (165) feet to a point; South 490 40' West one hundred
twenty six and nine tenths (126.9) feet to a point; South 510 45' West ninety nine
and twenty five hundredths (99.25) feet to a point; South 600 50' West seventy
seven and twenty five hundredths (77.25) feet to a point; South 460 45' West
thirty nine and twenty five hundredths (39.25) feet to a point; South 510 30' West
one hundred (100) feet, more or less, to a point in the dividing line between the
property here by conveyed and the property shown on Plat as "Louise Land
Halstead"; thence along said dividing line North 570 25' West thirty nine (39) feet
to a pipe; thence continuing along said dividing line North 570 25' West two
thousand six hundred ninety-two (2,692) feet to a pipe in the Eastern line of the
right of way of the Princess Anne Road (f/kja Pungo Road); thence North 390 15'
East three hundred ninety five and two tenths (395.2) feet to a pipe in the line of
the Home Lot shown on said Plat; thence continuing along said road North 390
15' East one hundred fifty and eight tenths (150.8) feet to a pipe; thence
continuing along the Eastem line of the right of way of said road North 390 15'
East two hundred thirty nine and eight tenths (239.8) feet to a point; North 390
15' East three hundred eighty six (386) feet to the post, the point of beginning,
said tract of land being designated on said plat "Mrs. Phyllis L. Munden, 75.05
Ac."
LESS AND EXCEPT that portion of property conveyed to William C. Munden and
June B. Munden, husband and wife, by Deed dated October 25, 1982 and
recorded in Deed Book 224, at Page 299, and as shown on plat recorded in Map
Book 160, at Page 9.
8
PREPARED BY:
~.m STIrs. ROURDON.
It~ AlI[RN &. LM. P.C
LESS AND EXCEPT that portion of property conveyed to the City of Virginia
Beach for right of way purposes, by Deed dated January 25, 1988, and recorded
in Deed Book 2709, at Page 637.
LESS AND EXCEPT that portion of property designated as "Parcel B, 2.002 acres"
on that plat entitled "Subdivision of Property of MUNDEN AND ASSOCIATES,
L.P., dated January 24, 2005, prepared by Gallup Surveyors & Engineers, Ltd.,
recorded in the aforesaid Clerk's Office as Instrument # 200505050067234. Said
parcel having been conveyed to Richard L. Munden, by Deed dated June 15,
2005, and recorded in the aforesaid Clerk's Office as Instrument #
200506300100340.
Said tract ofland containing 71.680 acres is also designated "RESIDUAL PARCEL
B-1" on that plat entitled, "SUBDMSION OF PROPERTY OF MUNDEN AND
ASSOCIATES, L.P.", dated January 24, 2005, prepared by Gallup Surveyors &
Engineers, Ltd., which plat is recorded in the aforesaid Clerk's Office as
Instrument # 200505050067234.
GPIN: 2414-20-6672
CONDITIONALREZONE/MUNDEN/PROFFER9
REV_7/19/0S
9
- 33 -
Item V.K.4.
PLANNING
ITEM # 55057
The following registered in SUPPORT:
Kevin Miller, 120 Ojibwa Lane, Phone: 348-1978, the applicant submitted proposed conditions
addressing the concerns of the Planning Commission. Said information is hereby made a part
of the record. Mr. Miller requested a trial period and has revised the size of the mini-ramp to
three (3) feet. A privacy fence shall be erected.
Lesley Leonard, 124 Ojibwa Lane, Phone: 761-9323, adjacent resident
Upon motion by Councilman Diezel, seconded by Councilman Maddox, City Council ADOPTED an
Ordinance upon application of Kevin Miller for a Conditional Use Permit for a recreational facility of an
outdoor nature (skateboard ramp):
ORDINANCE UPON APPLICATION OF KEVIN MILLER FOR A
CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF
AN OUTDOOR NATURE (SKATEBOARD RAMP) R030634150
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Kevin Miller for a Conditional Use
Permit for a recreational facility of an outdoor nature (skateboard ramp)
on property located at 120 Ojibwa Lane (GPIN 14772303250000).
DISTRICT 2 - KEMPSVILLE
The follOWing conditions shall be required:
1. The height of the ramp shall not exceed three (3) feet from ground level to the top of the
platform.
2. The ramp shall be constructed in substantial conformance with the plans submitted to the
City Council.
3. A six-foot (6') high fence shall be constructed along the rear yard property lines.
4. The permit is valid for a one-year period and shall be administratively evaluated for renewal
on an annual basis.
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-eighth of March, Two
Thousand Six
March 28,2006
- 34 -
Item v'K.4.
PLANNING ITEM # 55057 (Continued)
Voting: 9-2
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A.
Villanueva and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan and James L. Wood
Council Members Absent:
None
March 28,2006
Skateboard Ramp Proposal
Property Owner - Kevin Miller
120 Ojibwa Lane
Virginia Beach, VA 23464
I am requesting a conditional use permit for the construction of a mini-ramp in my
backyard. I would like to address the areas of resistance I encountered at the planning
commission hearing and from one of my neighbors:
I. Size of the mini-ramp: the original plans called for a height of5 feet, I have
revised the plans to a height of 3 feet
II. "Good idea, just in the wrong place": I have included pictures showing the
location of the mini-ramp in relation to the surrounding yards and houses
III. Backyard neighbor doesn't want to see ramp: I will be putting up a privacy
fence to keep ramp from view of concerned neighbor, this will also help
control sound.
IV. Use of mini-ramp will create noise: Ramp will only be used during hours that
comply with current noise ordinance standards. Will not create any more
noise than barking dogs, the use of a basketball hoop, or even normal play of
children in a backyard. Our ramp will be constructed in such a manner as to
keep the noise produced to a minimum (see attached drawing of ramp
section).
1. Excerpt from lifetips.com: (This excerpt is referencing a skate
park, not a single 3 foot high private mini-ramp).
Misperceptions of Skate Park Noise Levels
One of the most common misperceptions about skate parks is that the noise created by
their users will surpass code limits and upset the community. But the reality is quite
different. In a recent study, it was found that peak skate park noise levels averaged 70
decibels from 50 feet away.
In comparison, from the same 50 feet away a dishwasher and toilet produce comparable
decibel levels. A football game produces 117 decibels, heavy traffic 85 decibels and a
home refrigerator 50 decibels. All in all, a skate park is no more noisy than similar
recreation areas like a basketball court or children's playground
111. Minutes from last meeting stated, "When in use, skateboard ramps
create noise beyond the level of typical backyard activity".
Examples of "typical backyard activity":
1. Power Mower - 1 07 decibels
2. Power Saw - 110 decibels
3. Dog Barking - 85 decibels
4. See attached printout from "A Visual Dictionary of
Architecture" on sound and common sound decibel levels.
V. Will it be a "hang out"?: Ramp is being built for my 8 year old daughter and
6 year old son that are not able to skate at the Mount Trashmore Skate Park
because it is too dangerous for children of their size. Our mini-ramp will have
a chain on it at all time when it is not being used. This will prohibit anyone
from using it when we are not home.
In closing, I feel that the objections being raised are based on outdated prejudice towards
a sport that has long been the black sheep of youth activity. My family and I would like
the opportunity to prove that we can maintain a private ramp on our property without
disturbing, inconveniencing or otherwise alienating our neighbors. It is not my intention
to host a skate park for the public, but rather to create a safe and comfortable
environment where I can share the joys and benefits of skateboarding with my children.
11. Proposed ramp is approximately 50 feet from nearest adjacent
residence:
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i
Dee/Pel measurement /s /lased on a i
logarithmic scale since Increments of 1
sound pressure or Inten5lty are perceived j
as equal when the ratio between ;
sue&esslve changes In Intensity remain !
constant. The deelbellevels of tllO sound i
sources. therefore. cannot be added ~
mathematically: ~
e.g.. 60 d6 + 60 d6 = 63 dB. not 120 dB. .
Jet at takeoff
~ ----- I
-....._ ~.~w_
.........~...'
--
",..---
...
,
"
'...
thunder
I
symphony rhewa
"-r
power saw
I
shoutIng at close range
I I I
!n5lde an automobile at 55 mph
talking face-to-face
I I
quiet offlce
1
whispering
...
'-
---.....- -
15.7
81.3
62.5
125
250
500 1000 2000 4000
frequency In cycles per 5eCOnd (Hz)
lJOOO
16.000 82.000
audio fr6C\uency ----
A range of frequencies from 15 Hz to 20.000 Hz
audl~le to the nonnal human ear.
J
L
it:"" .."d "."",Ity <
The rate at which acoustic energy flows
through a meJlum. expresseJ In watts per
1 square meter.
L.m.....---. Bound Inten&ity level
Sound Intensity measured on the decll1el
scale. equal to 10 times the common
logarithm of the ratio of the sound
Intensity to a reference Intensity. usually
10-12 watts per sC\uare meter (10-16 watts
per sC\uare centimeter.)
logarithm
The exponent Indicating the power
to which a ~ase num~er must lie
raised to arrive at a given numl1er.
common logarithm
A logarithm having a ~ase of 10.
Bound pre&&ure (
The difference l1etw/18n the actual
pressure at any point In the field of a
sound wave and the static pressure at
that point. expressed In pascals.
Bound pre&&urelevel
Sound pressure measureJ on the decll1el
scale. equal to 10 times the common
logarithm of the ratio of the sound
pressure to a reference pressure. usually
20 mlcropascals.
micropa&cal
One-millionth (10-6) part of a pascal.
Syml1ol: J.lPa
...
.~ ~ hearing
The sense by which sound Is percelveJ.
Involving the entire mechanism of the
Internal. middle. and external ear and
Including the nervous and cere~ral
operations that translate the physical
operations Into meaningful signals.
V
140
+---..... thre&hold of pain
120 The level of sound Intensity high enough
to produce the sensation of pain In the
human ear. usually around 1:30 dB.
auditory fatigue
Physical or mental weariness caused by
prolonged exposure to loud noises.
hearing 1055
An increase In the threshold of
audll1l11ty. at speclflc frequencies.
caused by nonnal aging. disease. or
Injury to the hearing organs.
thre&hold of hearing
The minimum sound pressure capal1le
of stimulating an auditory sensation.
usually 20 mlcropascals or zero dB.
sound power
The amount of acoustic energy
radlateJ by a source per unit time.
expresseJ In watts.
sound power level
The acoustic power of a source
measured on the decl~el scale. equal to
10 times the common logarithm of the
ratio of the acoustic power to a
reference power. usually 10-12 watts.
Bound level meter
An electrical Instrument for measuring
sound pressure levels. To compensate
forthe way we perceive the relative
loudness of different frequencIes of
sound. there are three networks: A. 6.
and C. These networks weight the
recordings for different freC\uencles
and coml1lne the results In a single
reading. The A-network scale. In d6A
units. Is most commonly used since It
discriminates against the lower
frequen~les. as ~~s :he human ear at
- 35 -
Item v.K. 5.
PLANNING
ITEM # 55058
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of LEO LUONG for a Conditional Use Permit for an automobile repair
garage (body work):
ORDINANCE UPON APPLICATION OF LEO LUONG FOR A
CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR
GARAGE (BODY WORK) R030634151
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Leo Luong for a Conditional Use Permit
for an automobile repair garage (body work) on property located at
3440 Chandler Creek Road, Unit 102 (GPIN 14859470220000).
DISTRICT 3 - ROSE HALL
The following conditions shall be required:
1. All auto repairs must take place inside the building.
2. No outside storage of equipment, parts or materials shall be permitted.
3. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this
condition require storage, then such vehicles shall be stored within the building.
4. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting
and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor
lighting fLXtures shall not be erected any higher than fourteen (14) feet.
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-eighth of March, Two
Thousand Six
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28, 2006
- 36 -
Item v,x. 6.
PLANNING
ITEM # 55059
Attorney Jeff Maynard, 222 Central Park Avenue, Suite 2000, Phone: 687-7522, advised the project is a
nine-story mixed use condominium project, and is the first significant redevelopment to the West of
Independence Boulevard. Mr. Maynard's client, Jerry Mazzurco,formerly operated the Long Branch
Steak House. The first floor of the building will be retail (Bank of Commonwealth), floors 2 through 6
will be office condominiums, floors 7 through 9 will be residential condominium use with private
balconies. A five-story parking garage (in the rear) will provide self contained parking. Thomas
Hamilton and Associates are the architects.
The following registered in OPPOSITION:
Charles Brenner, 1015 Colonial Avenue #6, Norfolk, Virginia, Phone: 622-4801, represented owners of
Pembroke Office Park. The owners have expressed their concerns to the developer which include the
approximate 6-foot space between the existing Pembroke Office building and the proposed location
of the parking garage create issues for fire fighting capabilities. The new construction will negatively
impact the vista. There is a 27-foot overlap between the buildings. Mr. Brenner requested the application
be modified and resubmitted.
William Bailey, 4841 Rosecroft Street, Phone: 288-5761, expressed concern re increased density and
exceeding the capability of public safety personnel.
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED
Ordinances upon application of VIRGINIA BEACH CITY CENTER, L.L.C. for a Conditional Change
of Zoning and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CITY
CENTER, L.L. C. FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-3 TO CONDITIONAL B-4C Z03061245
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Virginia Beach City Center, L.L. C. for a
Chanze of Zoninz District Classification from B-3 Central Business
District to Conditional B-4C Central Business Mixed Use District on
property located at 4752 Virginia Beach Boulevard (GPIN
14773504680000).
DISTRICT 4 - BA YSIDE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
March 28,2006
- 37 -
Item v,.K. 6.
PLANNING
ITEM # 55059 (Continued)
AND,
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CITY
CENTER, L.L.C. FOR A CONDITIONAL USE PERMIT FOR MULTI-
FAMILY DWELLINGS R030634152
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Virginia Beach City Center, L.L. C.
for a Conditional Use Permit for multi-family dwellings on
property located at 4752 Virginia Beach Boulevard (GPIN
14773504680000). DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. The applicant shall provide a photometric lighting plan for the parking garage for review by
appropriate City Staff. The parking garage lighting shall be in accordance with recommendations
by the Illumination Engineering Society of North America. All fixtures shall be appropriate height
and design and angled to prevent any direct reflection and/or disability glare toward adjacent
uses and city streets.
2. A hard finish material shall be used on the first floor facade rather than an EIFS material as
shown on the submitted elevation drawings.
These Ordinances 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-eighth of March, Two
Thousand Six
Voting: 10-1
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Richard A.
Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A.
Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
March 28,2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6333
DATE: March 17, 2006
FROM:
Leslie L. Lilley
B. Kay Witso~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Virginia Beach City Center, LLC
The above-referenced conditional zoning application is scheduled to be heard by
the City Council on March 28, 2006. I have reviewed the subject proffer agreement, dated
January 23, 2006, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
fu rther.
BKW /ks
Enclosure
cc: Kath leen Hassen
Dddi1t1limt Prepared8y:
Trotitnlan'Softdei:s u.;p
Z22.Celltral. ParkAvenli'e
Sitite20f)O
Virginiti.Bed:ch, Virginia 23462
AGREEMENT
THIS AGREEMENT (the '~Agreernent")ismacle as of this 23M day of JanQafy.2006 by
and betweenGIROLAMQMAZZURCO and MARGARET MAZZURCO (collectively, the
"Ma:zzurcoS").thecuttent owners of that c~rtalh.pt(jperl.Y located on Virginia Beach Boulevard.
in Virginia BAACl1. Virginia. which. properly is . Jllore particularly described in Exhibit A ..attached
hereto and incorporated herein by reference (the "PropertY"), andVIRGINlA BEACH ClTY
CENTER., LLC. ~l.Virginia limite(lliabil:i~J::ornpany {('V13CC"), theconttactputchaser oftl1e
property (hereina.fter refe1T~d t() collectively as tbe~'()rantors"). and the CITY O:FVIRGINlA
BEACH, a municipal cOIporationof the COIrtmonwealthdofVirginia Cbereinaftetreferred to as
"Grantee "J.
WITNESSETH:
WHEREAS, the Grantors have initiated ana.mendrnent to the Zonihg Map bfthe City of
Virginia Beach. Virgini~.by petition addresse(i to the Gt(lnt~~.soas to change the classification
of the property fromB..3 to Conditional. B--4C; and
WHEREAS,theGtantee'spoli~y is t.oprovi~.only for th~orderly developmentoflatid
for various purposes. including mixed usepuIposes, throughzQning and other lalld development
legislation; and
WHEREAS,theGrantorsacknowleqge that the cQmp~tingand som~times ine,ompatible
uses conflict,andihat in order to p~rmit differing uses on and in the area of the subject Property
and at the. same time.torecogni:z.e theeffectsofthecha.nge and-the need forvanous types. of uses,
certain reasonable conditionsgoveming the. use of the Property fortheptotection of the
community tha.tare not generally applicable to' land similarly zoned B-4C are needed to COpe
with. the situation to which the Grantors' rezoning a.pplicationgi yes rise; and
WHEREAS, the Grantorsha.ve voluntarily prqfferedin writing in advance of a.nd prior to
the public hearing before the Grantee, as part of the proposed conditional amendment to the
GPINNO.: 1477-35-0468-00'00
Zoning Map, in addition to the regl..llationsprovideg.for in the existing B-4Czoning districts by
theexistingCiW's ZOl1jn~ Ordinance (CZO)t the following teasonablecol1ditionsrelated to the
physical develQPII)ent, 9perationanA u~eofthe Property lobe adopt~das a. part of said
amendment to the new Zoning Map relative to the Property, all of which .have a reasonable
rela.tiqn t() there;z;onillgandthe need for which is genetraied by the..rezonlng; and
WIlEREAS,sald conditions havingbeenprofferedoy the Gnmtors and aUowedand
accepted by the Grantee as part of the amendmenttothe Zoning Otdinance,such conditions shall
continue ih full force arid effect until a slibseCfUeni&ll1enchnent Cl1anges the zoning on the
Property c()vereq. by such conditions; provided, hOWever, that s.tich conditiQnsshallconti.tlue
despite a subsequcnffunel1dment ifthesl1bsequent amendment is part of thecomprehetnsive
implementation ora neW or substantially revised;z()niIlg()rdinance~ unl~$, n()tWithstandil1gthe
foregoing, thesecon.ditioris are cln1e:nq.ed or v:medpy written instrument recorded in the clerk.-'s
Office of the Circ.uit Court or the City of ViTginiaB.each, Virgi'I1iaandexeputedpy the r~cQrd
owner of thesubjedPropertyat thetiIl1e of recordation of suchinstrornent; provided, further.
that said instrument is consented to by the Grantee in writing as . evidenced 'byacertifieci.. copy of
theol'dirian.ce, Qr resolutionadqpteclpy the goY~rningbody.of the Orantee;after a public hearil1g
before the Grantee advertised pursuant to the provisions .of the Code of Virginia, Section 15.2-
2204.. whicbsa#:f ordin@ce Of resolutionshaU be recorded along\'vithsaid instrumental:;
conclusive evidence of such consent.
NOW THEREFORE, the Grantors; .fot.thernseIves, theit successors, assigns. grant~s,
and other successors in title or interest,. voluntarily andwithqut any. requirement byorex.action
from the Grantee or itsgoveming body and without any element ofcolilpulsion ofquid pro quo
fotzoning, rezoning, site pla.n,building pennit or subdivision approval,hetebymake the
following declaration of conditions and restrictions Which shall restrict and govern the physical
developrricrit. operatio1l.andlIseof thePropeny and herebycbvenantand agteethatthese proffers
(coHec(ivelYl the"ProfferS?') shall constilutecovenants flmning withth.e said Property,which
shall be binding upon the Property and upon all parties and persons claiming under or through
the Grantors, their heirs, personaltepreseIltatives, a.ssigns, grantees and other successors in
interest or titre, namely:
2
L When developed, the Grantors shall develop the Prop~rty. in substantial
~onformity withtheconceptualsiteplun prepai"edby 1\.1.$A, P.C., dale'dSeptembet22~20Q5~ahd
titled ."Conceptua.l Si(eLayout of City Cen~.~r, 4752 Virginia Beach Blvd, Virginia.Beach. VA"
(the "ConceptuaIPlan"), a copy of which isonfile with the Departmehtof Planning and has iJeen
e~hibit~d to the Qity.Council.
2. When developed, the.Granto'fsshall develop the structures on. the Property l.lsing
archite.ctural deaignsandbuilding materials in substantial confonnit)' with the elevations and
plan titled "Virgh'iia Beach. Boulevilt'd.Town CellterWest'" dated Janllary 1Q, 2006 ancl December
16, 20Q5, preparefl by Thomas Ifamilton & Associates (the ~'AtGhitectunH Plans"), which have
beenex:hibited.tothe CityCoUrtciIand are 011' file in the Departmenl.ofPlanning.
3. Whtm developed, the Gralltors shan installstreetscape landscaping in. accbrdanqe
with..a stJ'eetscapelandScapingplanthati~ consistent'with the.L~mdscapeO\1fdelines's:et forth in
We Central131.!slness.District Urban Guidelines dated February 4,2004.,pi"epared by CM$$
Architects~PC (the "CBD Quidelin~"). The.streetscape landscaping plan shall include the USe
of brick pavers' .a11d sidewalkplantirigs. Indevelopirtg the. streetscape landScaping plan, the
Grantor's sha)lcOnslllt with ar~presentativeof the Virginia Beach ECOIlomic Developm.ent
Authority, and the final streetscape landscaping plan shall be approved by th~Planning Director
othis d~signee; Afterin~t~lIati()n, Grantors shall be responsible formaintainillg.anylartdscaping
and sidewalk ilIlprove:mentsinstalled in accordance with the landscaping plan.
4. Building signageshall be installed in accordance with the Architectural Plans and
shall comply withthe>SignageGuidelines anp Standen-ds set foJthin theCBDQuidelines. An
street-level retailshaJJ consistprirnarilyofawning signage, arid 110t "b()x signage"()f signa.ge.that
is inte.11lally-,illllrliinateQ;.Firtal buildingsjgnage shall be. submitted to and approved by the
Planning Director or hisciesignee.
5. Further cQIlditians lawft1lly imposed by applicable developrnentordina11cesrnay
be required by the Grantee. during detailed site plan and/or subdivision reviewanciaclministration
of applicable City Codes by aU cognizant City agencies and departments to meet all applicable
City' Code requirements.
...
-'
All references hereinal?Qve to zoning districts .and to regulations applicable thereto; refer
to the Gi ty Zoning Qrdirtanceofthe City of Virginia Beach, Virginia, in force as bfIhe date the
c<:mditionalz()ning3Illendment'..i.S:.f.lpprov~d bytbeGrantee..
The Grantors cbvenantandagree' that (1) the ZoniIlg Administrator Qfthe CityQf Virgini~
Beach, Virginia shall be vesteci with all necessary authority on behalf of thegoveming bod)'of
the City of ViI'ginia.Beach, VirgiIlia to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedying ofanynoncolIlpliancewith such
conditions, and (ii)thebringingofle15alaction or suit to ensurecQmpIiance with s:uch conditions~
including mAndatory or prohibitory injunction. .abatement, damages or <other appropriate action.
suit or proceedings; (2) the failtire to meet;l11 conditions shall constitute cause .todeny . the
iss.uance of any of the requiredbuHdingot occupancypermfts.as may beappropria.te; (3) if
aggrieved byaTl.Y depislb:nofthe Zoning ;,\d,ministrator.made.pursuantio the provisions of the:
City Code, the CZOor this Agrecment, the Grantors shall petition the: g()verl1ing bp(jy fotth~
review. thereof prior to instituting proceedings in court; and (4)the Zoning Map shall show by an
appropriate symbol on the map the existence ofconditiOlls attaching to the zoning of the.subjecJ
Property ()Il the map a,nd.that the Qrdinance and the conditions maybe rnade rea:dily available and
accessible for publicinspection in the office of the Zoning Administrator and in the Department
of PlaIlning.andthatthey.shall be recorded inthe Clerk?s Offic.e of the GircuitCourtofthe City
of Virginia Beach, Virginia. and. indexedin. the name of theOr(lntorsandGrantee~
Upon acquisition of the Property by VBCC, wee shall succeed to a.ll rights and
obligations of the Mazzurcos under this Agreement, and the ~azzurcos shall have no further
rights or obligationsofa ..Orantot" under this Agreement.
[SIGNATURJSPAGES FOLLOW]
4
JAN 23 2006 3:18 PM FR TROUTMRNSANDERS
TO 913365843728
P.0S
IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as af the
date first written above.
GRANTORS:
Girolamo Mazzurco
~1Yl~
Margaret Mazzurco
~~ ~'tftJHLQ
VIRGINIA BEACH CITY CENTER, LLC, a
Virginia limited liability company
By: ~~vo ~"'-O
Name: irolamo Mazzurco
Title: Member
STATE OF NORTH CAROLINA
COUNTY OF ALAMANCE
The foregoing instrument was sworn to and
January ,2006. by Girolamo Mazzurcc. w: is
driver's license (NC) as identificatio .
No!arY P . ic
CHARLES N. ED
My Commission Expires: 09/22/2007 CHARLES N. STEDMAN
NOTARY PUBLIC
STATE OF NORTH CAROLI1iaAMANCE COUNTY, N.C.
I COUNTY OF ALAMANCE
January 12006, by Margaret Maz2:
driver's license (NC) asidentifi
My Commission Expires: 09/22/2007
CHARLES N. STEDMAN
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
5
JAN 23 2006 3: 19 PM FR TROUTMANSANCERS
TO 913365843728
P.07
~~
a;w~
STATE OF NORTH CAROLINA
COUNTY OF ALAMANCE
, .
M)' Commission Expires: .JJ.9/22/2007
V1I29867Sv4
CHARLES N. STEDMAN
NOTARY PUBLIC
ALAMANCE COUNTY, N.C.
6
EXHIBIT A
LEGAL' DESCRIPTION
ALL 'fHA Tc~rtai1l1()t.pje(:eQr~fil"c~lof liUld, withtl~e .puildipgs.andimprov~ment,sth~rep~land
the appurtenances thereunto belonging. I~ing, situate and being in .the BaysideBorough of the
City of Virginia Beach, Virginia and bounded .and described as. follows:
BEGINNING at a pin where the westerly line of First Street meets 'the northerly
line of VirgJrtia Beach B()ulevard~ and running thencealon~ the northerly line of
~aig Virginia B~ch BouleVardN8~:> 03;'3Q" W 150 feet toapimthenceJeaving
the lirie.Qfsaid Virginia Beach I:lol1Ievarda.ndfuhrti1'1g,lhence N0405S' ()S"E
245.74 feet to a pin; thence N86058' l-ji'-W 186:33feettoapoirtl in the easterly
line of:Kellam Road; thence along said line of Kellam Road N 14020' 05" W
44.27f~etloa ppint; tl'l~nc~ leaving sa.i~t lineO.fl(ellarn R()ada1ld runniTJg,tl1ence
886058' 17" E351.02feet toapoirtt;thenceS Q.4l) 55' 03"W 293~02 feettoa pin
in the nonherlylineofthe Virginia Beac.hBoulevard. tbep()int of beginning.
IT BEING the .sarnepropertyconveyedtdGirolamoMazzurcoandMargaret Mazzurco,husband
and wife;hyDeed from Longbranch Steakhouse& Saloon, Inc.., a Nortb CaroJinacorporationr
dated NovernberQ.2002 and recorded in the Clerk's- Pffi~e pFthe Qircuit .courtofth~ CHy,q.f
VirgiriiaBea.cbj Virginia as Instrument Numbe:r200212103077315.
7
- 38 -
Item v.K. 7.
PLANNING
ITEM # 55060
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED
WITHDRAWAL of an Ordinance upon application of BELINDA KELTON for a Conditional Use
Permit for a residential kennel:
ORDINANCE UPON APPLICATION OF BELINDA KELTON FOR A
CONDITIONAL USE PERMIT FOR A RESIDENTIAL KENNEL
Ordinance upon Application of Belinda Kelton for a Conditional Use
Permit for a residential kennel on property located at 1665 Nanneys
Creek Road (GPIN 24103672690000). DISTRICT 7 - PRINCESS ANNE
Voting:
11-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve,
Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
March 28,2006
- 39 -
Item V-L.
APPOINTMENTS
ITEM # 55061
BY CONSENSUS, City Council RESCHEDULED:
BEACHES and WATERWAYS COMMISSION
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
MEAL TAX TASK FORCE
OCEAN A LAND USE CONFORMITY COMMITTEE
SOCIAL SERVICES BOARD
SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA
March 28,2006
- 40 -
Item V-D.
ADJOURNMENT
ITEM # 55062
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:39 P.M.
~----~'-~~A.l
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~,~=-
uth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
March 28,2006