HomeMy WebLinkAboutJANUARY 23, 2007 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYORMEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
WILUAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. DYER" Centerville - District I
BARBARA M. HENLEY, Princess Anne - District 7
REBA S. McCLANAN, Rose Hall - District 3
JOHN E. UHRIN, Beach - District 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. ULLEY
CITY CLERK - RUTH HODGES FRASER, MMC
23 JANUARY 2007
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINl BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
1.
CITY MANAGER'S BRIEFINGS
- Conference Room -
A. DOME SITE PROPOSAL
Lou Haddad, President - Armada Hoffler
B. NAVY/CITY MEMORANDUM OF UNDERSTANDING (MOU)
William Macali, Deputy City Attorney
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
1:00 PM
3:30 PM
v.
FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend David Howard
Brook Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
January 9, 2007
G. AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
1. PROCLAMATION - Muscular Dystrophy Association
1. PUBLIC COMMENT
1. WORKFORCE HOUSING
J. CONSENT AGENDA
K. RESOLUTIONS/ORDINANCES
1. Resolution ENDORSING and SUPPORTING the implementatio ~ of a "new National
Agenda for Urban Parks and Recreation" recognizing the critical importance to
communities of abiding by the four (4) principles adopted at the 2006 Chicago Summit.
2. Resolution to AMEND the duties of the Employee Benefits Revifw Task Force.
3. Ordinance to AMEND ~ 37-25 of the City Code re water meters, waIves and manholes
being obstructed by parked vehicles.
4. Ordinance to AMEND and REORDAIN the APZ-l/Clear Zone A cquisition Plan, dated
February 14,2006, by adding certain properties upon which the rig ht to develop for
residential uses has vested as of December 20,2005, deleting stric en portions dated
January 23,2007, and setting forth criteria for the City Manager to <: cquire properties
after acquisition.
L. PLANNING - NO ACTION
1. Applications of VIRGINIA SUPPORTIVE HOUSING at 964 So lth Military Highway
(DISTRICT 1 - CENTERVILLE)
a. Change of Zoninf! from B-2 Community Business District t< A-12 Apartment
District
b. Conditional Use Permit re a single room occupancy facili1 y
This item was deferred by the Planning Commission to their February 14,: 007 meeting.
M. PLANNING
1. Application of CLAYBORN PROPERTIES, LLC for the exvans 'on of a
Nonconforminf! Use to enlarge a professional office building at 737 Little Neck Road.
(DISTRICT 5 - L YNNHA VEN)
Recommendation: APPROV AL
2. Application of TIMOTHY H. HANKINS for the discontinuance, closure and
abandonment of a portion of a 15-foot wide alley abutting 849 Sou h Atlantic Avenue re
reservation for a City drainage easement.
(DISTRICT 6 - BEACH)
Recommendation: APPROV AL
3. Application of M&M CONTRACTORS, INC. for a Modificatim of Condition No.1 on
a Conditional Use Permit (approved by City Council on July 3, 20( 1, amended and
approved February 26,2002, and indefinitely deferred January 31, 0006) at 533 South
Lynnhaven Road to allow additional storage space.
(DISTRICT 3 - ROSE HALL)
Recommendation: APPRO V AL
4. Application of ENTERPRISE RENT -A-CAR for a Conditional lse Permit re motor
vehicle rentals at 3680 Holland Road.
(DISTRICT 3 - ROSE HALL)
Recommendation: APPROV AL
5. Applications of BE CO DEVELOPMENT, L.L.C. at 6226 Provid~nce Road:
(DISTRICT 1 - CENTERVILLE)
a Chanf!e of Zoninf! District Classification from B-2 CommUl ity Business District
to Conditional A-36 Apartment District
b. Conditional Use Permit re a senior housing project
Deferred:
Recommendation:
December 12,2006
APPROV AL
6. Application of HICKMAN PLANTATION SHOPPES for a Cha we ofZonim! District
Classification from R-20 Residential District to Conditional B-2 Community Business
District and R-40 Residential District at General Booth Boulevard ,lnd Nimmo Parkway
re a retail shopping center and other parcels around the existing 1 istoric home.
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
INDEFtNITE DEFERRAL
7. Ordinance to AMEND Sections 111,233.1, 701, 901, 1001, 1501, 1511 and 1521 of the
City Zoning Ordinance (CZO), defining the terms: "Alcoholic Beverage" and "Bar or
Nightclub," requiring Conditional Use Permits, ADDING standard$ for the consideration
of applications for Conditional Use Permits, and ESTABLISHING other regulations
pertaining to Bars or Nightclubs in the H-l, B-2, B-3, B-3A, B-4, B,.4C, B-4K, 1-1, 1-2,
RT-l, RT-2 and RT-3 Zoning Districts.
Recommendation:
APPROVAL
N. APPOINTMENTS
COMMUNITY SERVICES BOARD - CSB
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPE~
OCEANA LAND USE CONFORMITY PLAN COMMITTEE
OPEN SPACE ADVISORY COMMITTEE
WETLANDS BOARD
O. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
23 January 2007
Vice Mayor Louis R. Jones called to order the City Manager's Briefing re the DOME SITE PROPOSAL
in the City Council Conference Room, City Hall, on Tuesday, January 23, 2007, at 1 :00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Entered: 1:12 P.MJ
January 23, 2007
- 2 -
C IT Y MANA G E R 'S B R IE FIN G
DOME SITE PROPOSAL
1:00 P.M.
ITEM # 55992
The City Manager introduced Lou Haddad, President - Armada Hoffler to present the proposal re the
development of the Dome Site property.
Lou Haddad recognized those in attendance: Bruce Nelker, Regional Vice President - Operations,
Crestline Hotels and Resorts, and Bruce Smith (soon to be Hall of Fame National Football League
Player) - Bruce Smith Enterprises, Investor with Armada Hoffler. Mr. Haddad displayed the culmination
of the first phase of a project originally envisioned by the City's (deceased) Chief Development Officer
David Seamon, Sr. David shared his vision for the Oceanfront and Resort area with Messrs Smith and
Haddad over a year ago. Several challenges exist in this area. Number one priority is the need for a
Convention Center Hotel. Connectivity to the Oceanfront is also necessary (approximately 8/1(jh of a
mile away). The lack of 'year round top quality entertainment is another issue as well as congestion and
the ability to park the Resort visitors within reasonable proximity to the Beaches allowing residents and
visitors to share in the experiences at the Oceanfront. Armada Hoffler is now working on its Ninth
Convention Center Hotel. Armada Hoffler's hotels are located in Atlanta, North Georgia, Baltimore,
Washington, D.C., as well as a few in this region. A hotel that only has one (1) occupancy driver
(Convention Center) can, at its best, expect to be forty (40%) to fifty (50%) percent occupied.
Unfortunately a hotel in order to be viable and finance able needs to have occupancy in the seventy
(70%) percent range or more. Direct subsidy in this location will be necessary. Mr. Haddad referenced
the Hilton in downtown Norfolk which is a $UO-MILLION project of which $65-MlLLION has been
contributed by the City ($25-MILLION being a direct infusion into the hotel. The Dome site is a
wonderful location for an Entertainment Center. Utilizing the relationships Bruce has developed over the
last twenty-five (25) years in the entertainment industry, much conversation with top level executives re
locating venues at the Beach ensued. The vision is an Entertainment Center (approximately 140,000
square feet) anchored with a facility in this spot featuring live music venues with a capacity of 2,500 to
3,000 and approximately one hundredfifty (150) or more shows per year. The rest of the Center could be
filled with friendly family entertainment. Approximately 1,000 parking spaces will be necessary. Mr.
Haddad referenced placing the Convention Center Hotel in the middle of the Entertainment Complex.
The second floor of the Complex would have a pedestrian bridge from the parking area to the
Entertainment Center.
January 23, 2007
- 3 -
C I T Y MANA G E R 'S B R IE FIN G
DOME SITE PROPOSAL
ITEM # 55992 (Continued)
Mr. Haddad displayed graphics of the Ground and Second Level Plans. A pedestrian friendly corridor
depicted along 19'h Street could start as a catalyst, hopefully continuing to the Oceanfront.
I ARMADA HOFfUR I
W' f 'v 1 I (' T ~ \, ; T
Ground Level Plan
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2nd Laval Plan
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CONfE'U!NCf CENTER
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The problem with connectivity still exists. One of the first questions posed by Meeting Planners is: "Is the
hotel adjacent to the Convention Center?" The Convention attendees are not going to want to walk or be
shuttled. The conception of a "people mover" was explored. Artist rendering depictions were displayed.
This "people mover" will provide the connectivity to the headquarters Hotel, as well as the Convention
Center to the Oceanfront, and provide "park and ride" parking for the residents. A Hyatt or Marriott is
being reviewed as a possibility for a Convention Center Hotel. These "people movers" (electric,
pollution free) have a very narrow profile now and travel the existing right -of- ways.
January 23, 2007
- 4 -
C IT Y MANA G E R 'S B R IE FIN G
DOME SITE PROPOSAL
ITEM # 55992 (Continued)
The Consultants, Jakes and Associates, were contacted. They have been responsible for five (5) of the
monorails in Las Vegas, as well as various applications across the United States and worldwide.
Expanding the line along the entire Resort Area needs to be examined. Armada Hoffler is confident this
proposal is in compliance with the Navy's vision.
January 23, 2007
- 5 -
C I T Y MANA G E R 'S B R IE FIN G
DOME SITE PROPOSAL
ITEM # 55992 (Continued)
Armada Hoffler and Crestline (one of the largest management companies in the United States) wishes to
review this proposal along with the Convention Center staff and with the Meeting Planners. On a
preliminary basis, Armada Hoffler believes the whole proposed complex generate enough revenue to
handle the infrastructure cost (parking and people mover). Their vision is to have Virginia Beach
com ete success ull re with cities such as Ocean Ci ,Hilton Head, Myrtle Beach, et cetera.
Bruce Smith advised this proposal is very dynamic and exciting which will make the citizens happy to be
participants. Armada Hoffler, Bruce Smith and Crestline wish to make Virginia Beach a year 'round
destination. Now is the time to make a significant investment in an Entertainment District.
January 23, 2007
- 6 -
C IT Y MANA G E R 'S B R I E FIN G
DOME SITE PROPOSAL
ITEM # 55992 (Continued)
This Entertainment Center t will enhance the Convention Center and maximize its opportunities.
The City Manager advised Public Comment re the Dome Site Proposal could be scheduled for February
6, 2007. Armada Hojjler. Crestline Hotels and Resorts and Bruce Smith Enterprises are proposing a
non-exclusive option period for discussions and feasibility studies which will involve approximately six
(6) months and a cost to them of approximately $l-MILLION. Significant participation by the City staff
is requested, i.e. Public Works, Convention Center representatives. This proposal would be subject to
City Council's approval.
Councilman Uhrin suggested a committee be established to develop at least two (2) Requests for
Proposal. (RFP). The first RFP would be to develop the Dome Site with a focus on entertainment and the
second RFP would be to develop a headquarters hotel. not necessarily site specific. An RFP for the
Rudee site was also suggested. Councilman Uhrin suggested a one-half or day long workshop. This
Committee would be composed of the City Manager, City Attorney, Director - Convention and Visitors
Bureau, two (2) members of City Council and two (2) members of the Resort Advisory Commission
(RAC). This would ideally coincide with the Hunter Study (to be completed in mid February). These
RFP's would be brought to City Council for review.
Council Lady McClanan believes the decision should be made slowly and deliberately. Council Lady
McClanan wished to hear all proposals. Councilman Dyer suggested a site evaluation plan concurrent
with the receiving of the Requests for Proposal. Councilman DeSteph also emphasized the Navy should
be an active artici ant in the RFP develo ment rocess.
The City Attorney advised City Council might wish to discuss this matter in Closed Session. The City
Attorney clarified Armada Hoffler, Crestline and Bruce Smith Enterprises are requesting a non-exclusive
period of six (6) months to negotiate. Mr. Haddad wishes the City Council to go forward with the Request
for Proposal (RFP), if this process fails. The City Attorney believes it would be incompatible if the City
Council were to issue a Request for Proposal (RFP) on this Dome Site unless at the end of the six (6)
months or sooner, City Council rejected the Armada Hojjler proposal. Then the RFP could be issued.
January 23, 2007
- 7 -
C I T Y MANA G E R 'S B R IE FIN G
DOME SITE PROPOSAL
ITEM # 55992 (Continued)
PUBLIC COMMENT re this Dome Site Proposal may be scheduled for the City Council Session of
February 6, 2007, at which time, City Council will decide to allow Armada Hoffler, Crestline and Bruce
Smith to proceed with this non-exclusive period to negotiate. The Public Comment may be scheduled after
the City receives the Hunter Study.
January 23, 2007
- 8 -
C IT Y MANA G E R 'S B R I E FIN G
NA VY/CITY MEMORANDUM OF UNDERSTANDING (MOU)
ITEM # 55993
2:35 P.M.
Mayor Oberndorf advised at the end of last week, Captain Patrick Lorge, Commander of NAS Oceana.
called and requested the NA VY/CITY MEMORANDUM OF UNDERSTANDING (MOU) Briefing be
removedfrom the City Council Agenda.
The City Attorney advised the Navy is requesting deferral as they are still going through their approval
process.
BY CONSENSUS, this ITEM WAS REMOVED FROM THE AGENDA to be scheduledfor afuture
date.
January 23, 2007
- 9 -
CITY COUNCIL COMMENTS
2:52 P.M.
ITEM #55994
Councilman Villanueva expressed concern for the recent rash of vandalism through the City.
Councilman Villanueva noted the manner in which fines can be increased to prevent these occurrences.
He suggested the City communicate with Virginia Beach City Schools and the Recreation Centers.
Councilman Dyer, advised the graffiti (extremely bad language) was placed directly on the residents'
homes. Councilman Dyer, as the Liaison - Clean Community Commission, discussed this situation with
Dan Baxter, Chair. Councilman Dyer inquired if Sheriff Lanteigne's Work Force could be part of a
graffiti removal team. Chief Jacocks and Captain Tony Zucaro have a plan coming out in March to
address this "gang" problem. The community must have assurances. The City is aware of these problems
and is trying to address this situation. The residents of Level Green are experiencing a tremendous
amount of difficulty with vandalism.
The City Attorney advised he will confer with the Police Department and report to City Council, as he
was not aware of the types of damages and situations involved.
Mayor Oberndorf referenced the newspaper article concerning additional funding to the State will be
going to Virginia Beach's sister cities Police Departments, while Virginia Beach is reduced by $361,000
for their Police Department. Mayor Oberndorf is concerned because it appears if the Police Department
performs effectively, the funds are reduced. Mayor Oberndorf requested iriformation be provided
concerning this funding.
The City Manager advised these are the 599 Funds and there are a couple of additional Bills to be
introduced in the General Assembly to change the formula. The City's General Assembly representatives
will be advised to keep the City appraised of the situation.
ITEM # 55995
Council Lady McClanan referenced the newspaper article relative a lady residing in the Lake Edward
complex. She reported "The Police Department did not have time to answer the newspaper reporter's
questions concerning the citizens' concerns relative writing of Warrants". A citizen must wait at least
four (4) or five (5) hours. Council Lady McClanan requested the Police advise and also provide
information re places to swear out a Warrant which would be more convenient to the particular
neighborhood residents.
ITEM # 55996
Mayor Oberndorf referenced the Town Meeting re the City Council's Top Priority Goal: Improved
Transportation System:
Tuesday, January 30, 2007
7:15 P.M. - 9:00 P.M.
Kellam High School
January 23, 2007
- 10-
CITY COUNCIL COMMENTS
ITEM # 55997
Mayor Oberndor! referenced:
CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE
April 10 (Workshop)
April 17 (Workshop)
April 19 (Public Hearing)
April 24 (Workshop)
April 24 (Public Hearing)
May 1 (Workshop)
May 8 (Reconciliation Workshop)
May 15 (Adoption)
ITEM # 55998
Council Conference Room
Council Conference Room
Bayside High School at 6:00 p.m.
Council Conference Room
Council Chamber at 6:00 p.m.
Council Conference Room
Council Conference Room
Council Chamber at 6:00 p.m.
The City Manager advised a tentative date of March 12, 2007, has been selected for the City Council
Mid-Year Retreat. Information shall be provided.
January 23, 2007
- 11 -
CITY COUNCIL LIAISON REPORTS
ITEM # 55999
Councilman DeSteph, Liaison - Review and Allocation Committee (Community Organizational Grants)
advised COG has addressed and solved the issue with Beach Health Clinic.
ITEM # 56000
Council Lady Henley, representing Virginia Beach/Jamestown 2007 Steering Committee, advised the first
lecture in the series is tomorrow. January 24. 2007. Central Library, at 7:30 P.M Helen Rountree.
authority on the Algonquin Indians, will be speaking. There will be a total offour (4) lectures, three (3)
at Central Library and one at Virginia Wesleyan.
ITEM # 56001
Council Lady Henley referenced the Virginia Beach 2007 Boardwalk History Festival meeting. The
meeting for representatives of groups which wish to participate is scheduled for Thursday, January 25,
2007, at 7:00 P.M. in the Eastern Shore Chapel, 2020 Laskin Road. Booths will be provided to display
the history of the representative organizations. The Virginia Beach 2007 Boardwalk History Festival will
be held on Saturday, April 28, 2007.
Mayor Oberndorf advised the Jewish Congregation at the Oceanfront was interested. Council Lady
Henley will provide information.
January 23, 2007
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AGE N DA REV IE W S E S ION
2:47 P.M.
ITEM # 56002
Mayor Oberndorf referenced correspondence from John D. Moss, Chair - Virginia Beach Taxpayers
Alliance, requesting the Public Comment re Workforce Housing be DEFERRED. This evening,
January 23, 2007, Mr. Moss will be speaking to the Lake Shores Civic League at Shelton Park
Elementary School on VBTA's position re the real estate tax rate for the FY 2007-08 Operating Budget.
Councilman Moss requested City Council not take a formal vote adopting this Policy until at least thirty
(30) days after the Worliforce Housing report is made available to the Virginia Beach Taxpayers Alliance
as well as like organizations. Said correspondence is hereby made a part of the record. The Mayor noted
correspondence from Robert Dean - Virginia Beach Taxpayers Alliance, requesting five (5) copies of the
Workforce Housing Report.
Council Lady McClanan said an additional Public Comment Session should be scheduled later.
Andy Friedman, Director - Housing and Neighborhood Preservation, advised this is a Public Comment
Session only. The plan is to bring to City Council a request to authorize the drafting of the detailed
program requirements of the Workforce Housing in February. Mr. Friedman advised the Worliforce
Housing Report is on the City's Website. Stephen White, Planning, advised, this report was also
published on the website during review by the Planning Commission.
ITEM # 56003
1. Resolution ENDORSING and SUPPORTING the
implementation of a "new National Agenda for
Urban Parks and Recreation" recognizing the
critical importance to communities abiding by the
four (4) principles adopted at the 2006 Chicago
Summit
The City Manager advised Virginia Beach has the 26th largest city Parks and Recreation Department in
the United States and has two hundred thirty (230) parks that serve the City's 437,000 residents.
Although City Council has generously provided funding for the maintenance of these facilities, a capital
infrastructure and asset maintenance backlog of over $80-MILLION is projected tfor the next twenty-five
(25) years. If current and future Capital Improvement Program (CIP) funding could be matched by
federal and state grants, the backlog would be reduced significantly.
ITEM # 56004
2. Resolution to AMEND the duties of the Employee
Benefits Review Task Force.
Councilman DeSteph advised the Mercer briefing will be scheduled for Thursday, January 25, 2007. This
Resolution expands the duties of the Task Force to include review and recommendations with respect to
current andfuture retiree benefits and the overall sustainability of retiree health benefits.
January 23, 2007
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AGE N DA REV IE W S E S ION
ITEM # 56005
3. Ordinance to AMEND 8 37-25 of the City Code re water meters, valves and
manholes being obstructed by parked vehicles.
Deputy City Attorney Macali referenced a correction:
Line 30, Page 2:
".... at the prepcrty eWHcr's vehicle owner's expense shall be posted on
the door of the home or business and on the item obstructing the meter. "
Councilman Wood referenced discussion relative the vehicle not being towed. if the owner's account was
not delinquent and the estimate continued to be paid.
This correction shall be made and the AMENDED Ordinance distributed to City Council in the Formal
Session.
ITEM # 56006
BY CONSENSUS, thefollowing shall compose the CONSENT AGENDA:
K. RESOLUTIONS/ORDINANCES
1. Resolution ENDORSING and SUPPORTING the implementation of a "new
National Agendafor Urban Parks and Recreation" recognizing the critical
importance to communities abiding by the four (4) principles adopted at the
2006 Chicago Summit.
2. Resolution to AMEND the duties of the Employee Benefits Review Task
Force.
3. Ordinance to AMEND 8 37-25 of the City Code re water meters, valves and
manholes being obstructed by parked vehicles.
4. Ordinance to AMEND and REORDAIN the APZ-l/Clear Zone Acquisition
Plan. dated February 14, 2006, by adding certain properties upon which the
right to develop for residential uses has vested as of December 20, 2005,
deleting stricken portions dated January 23, 2007, and setting forth criteria
for the City Manager to acquire properties after acquisition.
Council Lady McClanan will vote a VERBAL NA Y on Item K.1. (National Agendafor Urban Parks and
Recreation)
K.3 (water meters. valves and manholes obstructed by parked vehicles) will be REVISED, BY
CONSENT
January 23, 2007
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AGE N DA REV IE W S E S S ION
ITEM # 56007
M.8. Ordinance to AMEND Sections 111, 233.1, 701,901, 1001, 1501, 1511 and 1521 of
the City Zoning Ordinance (CZO) , defining the terms: "Alcoholic Beverage" and
"Bar or Nightclub, " requiring Conditional Use Permits, ADDING standards for the
consideration of applications for Conditional Use Permits, and ESTABLISHING
other regulations pertaining to Bars or Nightclubs in the H-1, B-2, B-3, B-3A, B-4,
B- 4C, B-4K. 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning Districts.
This item will be discussed in FORMAL SESSION
ITEM # 56008
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda:
M. PLANNING
1. Application of CLAYBORN PROPERTIES, LLC for
the expansion of a Nonconforming Use to enlarge a
professional office building at 737 Little Neck Road.
(DISTRICT 5 - LYNNHA VEN)
2. Application of TIMOTHY H. HANKINS for the
discontinuance, closure and abandonment of a portion
of a 15-foot wide alley abutting 849 South Atlantic
Avenue re reservation for a City drainage easement.
(DISTRICT 6 - BEACH)
3. Application of M&M CONTRACTORS, INC. for a
Modification of Condition No. 1 on a Conditional Use
Permit (approved by City Council on July 3, 2001,
amended and approved February 26, 2002, and
indefinitely deferred January 31, 2006) at 533 South
Lynnhaven Road to allow additional storage space.
(DISTRICT 3 - ROSE HALL)
4. Application of ENTERPRISE RENT-A-CAR for a
Conditional Use Permit re motor vehicle rentals at
3680 Holland Road.
(DISTRICT 3 - ROSE HALL)
5. Applications of BECO DEVELOPMENT, L.L.C. at
6226 Providence Road:
(DISTRICT 1- CENTERVILLE)
a. Change of Zoning District Classificationjrom B-2 Community
Business District to Conditional A-36 Apartment District
b. Conditional Use Permit re a senior housing project
January 23, 2007
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AGE N DA REV I E W S E S S ION
ITEM # 56008 (Continued)
6. Application of HICKMAN PLANTATION SHOPPES
for a Chanze of Zoning District Classification from R-
20 Residential District to Conditional B-2 Community
Business District and R-40 Residential District at
General Booth Boulevard and Nimmo Parkway re a
retail shopping center and other parcels around the
existing historic home.
(DISTRiCT 7 - PRiNCESS ANNE)
Item M3. (M & M CONTRACTORS, INC.) shall be DEFERRED INDEFINITELY, BY CONSENT.
Item M4 ENTERPRISE RENT-A-CAR) shall be DEFERRED until the City Council Session of
February 13, 2007, BY CONSENT.
Council Lady McClanan shall vote a VERBAL NAY on Item M5 (BECO DEVELOPMENT, L.L.c.)
Item M.6. (HICKMAN PLANTATION SHOPPES) shall be DEFERRED INDEFINITELY, BY
CONSENT
January 23, 2007
- 16 -
ITEM # 55609
Mayor Meyera 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 MATTERS: Discussion, consideration or interviews of prospective
candidates for employment, assignment, appointment, promotion, performance,
demotion, salaries, disciplining or resignation of specific public officers, appointees or
employees pursuant to Section 2.2-3711 (A)(l)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
Appointment of Deputy City Attorneys
PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition,
acquisition, or use of real property for public purpose, or of the disposition of publicly-
held property, or of plans for the future of an institution which could affect the value of
property owned or desirable for ownership by such institution pursuant to Section 2.2-
3711 (A)(3).
APZ-1 Properties
Bayside Dsitrict
Beach District
Dome Site
Rudee Site
Convention Center Site
TPC Site
LEGAL MATTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-
3711 (A)(7).
Development Proposals
Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed
into CLOSED SESSION (3:33 P.M.).
Voting: 11-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James
L. Wood
Council Members Voting Nay:
None
Council Members Absent:
None
(Closed Session: 3:43 P.M. - 5:43 P.M.)
(Break: 3:36 P.M. - 3:43 P.M.)
(Dinner: 5:43 P.M. - 6:00 P.M.)
January 23, 2007
- 17 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 23, 2007
6:06 P.M.
Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 23, 2007, at 6:06 P.M,
and explained the Mayor was on her way to the Us. Conference of Mayors in Washington, D.C.
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer,
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan,
John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L.
Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Attending Us. Conference of Mayors
Conference in Washington, D.C.
Member of the Executive Board.
President Bush will be speaking to
The Conference of Mayors.
INVOCATION: Reverend David Howard
Brook Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting 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.
January 23, 2007
- 18 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 56010
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: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
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 # 56009, Page 16, and in accordance with the provisions of The
Virginia Freedom of Information Act, and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NO}iY, 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.
~~C'~I
City Clerk
January 23, 2007
- 19 -
Item V-F.I.
MINUTES
ITEM #56011
Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of January 9.2007.
Voting: 10-0
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel. Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan. John E. Uhrin, Ron
A. Villanueva. Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndor!
January 23, 2007
- 20 -
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #56012
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 23, 2007
- 21 -
Item V-H.l.
MAYOR'S PRESENTATION
ITEM #56013
Vice Mayor Jones PRESENTED a Resolution in Recognition:
MUSCULAR DYSTROPHY ASSOCIA TION
The Muscular Dystrophy Association combats neuromuscular diseases through programs of worldwide
research, medical and community services as well as far-reaching professional and public health
education. The Association relies heavily on individual private contributors, receiving no government
grants, United Way funding or fees from those it serves.
On January 27, 2007, the local Chapter of the Muscular Dystrophy Association will hold its Sixth Annual
MDA Crystal Ball. This event will feature a gala reception, auction, dinner and dance, the proceeds of
which will go to Muscular Dystrophy research.
The City Council of the City of Virginia Beach, Virginia, hereby acknowledges the prior success of this
event which has raised $922,000 in itsfive year existence.
The City Council of the City of Virginia Beach encourages the citizens of the City to support this worthy
cause and commends it's founder, Linda Fox-Jarvis, on her vision and ability to continue carrying out
such a successful event.
Mrs. Janice Johnson, District Director, Muscular Dystrophy ACCEPTED the Resolution with
appreciation.
January 23, 2007
- 22 -
Item V-I.I.
PUBLIC COMMENT
ITEM #56014
Vice Mayor Jones INVITED PUBLIC COMMENT:
WORKFORCE HOUSING:
Iva Nash, President - Virginia Beach Education Association, 540 Cedar Lane, Phone; 486-3146, spoke
on behalf of the Coalition of Public Employees in support of the recommendations of the Subcommittee
on Workforce Housing
Jim Romeo, 1008 Weeping Willow, Chesapeake, Phone: 574-5960, member of Tidewater Swords of
Justice, an Advocacy Group of the Richmond Catholic Diocese, spoke in SUPPORT offair and
affordable housing
John Olivieri, 1120 Laskin Road, Suite 101, Phone: 438-3054, Member - Tidewater Builders
Association, Housing Roundtable, made ajoint presentation with Tim McCarthy, Empower Hampton
Roads
Tim McCarthy, Phone: 581-6938, representing Empower Hampton Roads, Housing Roundtable, made
a joint presentation with John Olivieri, Member - Tidewater Builders Association. Mr. McCarthy
outlined the recommendations of the Housing Roundtable
Mary Kay Horoszewski, Executive Director - Virginia Beach Community Development Corporation,
2700 International Parkway, Suite 300, Phone: 463-9516, spoke in SUPPORT of the Workforce Housing
Program and requested certain recommendations be encompassed within the program guidelines. Said
statement is hereby made a part of the record. The home ownership program should serve families who
make no more than 120% of the area median income. Some of the homes should be affordable to families
who earn less than 120% and as little as 80% of the area median income
George Horey, 2072 Regatta Circle, Phone: 496-1053, Member - Holy Family Church, Empower
Hampton Roads and Housing Roundtable, endorsed the recommendations for Workforce Housing as
a great start. However, the recommendations should target those who are between 80% and 120% of the
area median which do not include Police Officers, Fire Fighters, Correction and Police Officers,
et cetera. One of the key recommendations is to appoint an Advisory Committee to test the impact and
effectiveness of the Workforce Housing ordinance enacted
Nancy Craft, 3112 New Bridge Road, Phone: 426-2019, Member - Empower Hampton Roads
Abigail Nicdao Causey, 560 Caren Drive, Phone: 463-1483, Social Minister and Member - Empower
Hampton Roads
Angela K. James, 3688Windmill Drive, Hone: 615-1006, Member - Empower Hampton Roads, advised
for this concept to work, the correct legislation must also pass at the State level and the builders must
use it
Frank McKinney, 4705 Chalfant Drive, Phone: 595-1095, Realtor, Member - Holy Spirit Catholic
Church and Member - Empower Hampton Roads, spoke re the need for mixed-income affordable
housing
January 23, 2007
- 23 -
Item V-I.1.
PUBLIC COMMENT
ITEM #56014 (Continued)
David M Grochmal, 219-A 68th Street, Phone: 422-1511, Chair - Mayor's Committee for Persons
with Disabilities, spoke in SUPPORT of the Workforce Housing program. Mr. Grochmal hopes
the concept of universal housing design will be included in this program
Steve Lawson, 1015 South Bay Shore Drive, Phone: 499-6161, President - Lawson Companies,
(a building company in Virginia Beach), Member - Workforce Housing Committee and worked
with a wide variety of stakeholders. The Workforce Housing proposal is a great start
Neal Windley, 5685 Virginia Beach Boulevard, Phone: 455-0050, represented Habitatfor Humanity,
endorsed the recommendations of the Task Force, with the exception of Item 15 re the Design Center.
The staff is encouraged as they develop the Design Center concept to involve builders and developers
and not include extra costs re additions or improvements to homes.
There being no further speakers, Vice Mayor Jones CLOSED the PUBLIC COMMENT.
January 23, 2007
- 24-
Item v'K.
RESOLUTIONS/ORDINANCES
ITEM #56015
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Resolutions/Ordinances 1,2,3 (AS REVISED) and 4 of the CONSENT AGENDA
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
Council Lady McClanan voted a VERBAL NA Y on Item K.l. (New National Agenda/Urban Parks and
Recreation)
January 23, 2007
- 25 -
Item V.K 1.
RESOLUTIONS/ORDINANCES
ITEM #56016
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED:
Resolution ENDORSING and SUPPORTING the implementation of a
"new National Agenda for Urban Parks and Recreation" recognizing
the critical importance to communities abiding by the four (4) principles
adopted at the 2006 Chicago Summit
Voting:
9-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
Requested by Mayor Meyera E. Oberndorf
1
2
3
A RESOLUTION EDORSING AND SUPPORTING THE
IMPLEMENTATION OF A NEW NATIONAL AGENDA FOR
URBAN PARKS AND RECREATION
4
WHEREAS, there are thousands of urban parks in the nation's
5 communities that help to enrich the lives of millions of
6 Americans everyday and 230 of those parks serve the 437,000
7 residents of Virginia Beach, and
8
WHEREAS, urban parks provide countless social, health and
9
environmental
benefits
for
the
residents
of
the
nation's
10 communities, such as helping to reduce air pollution, protecting
11 communities from flooding, providing a safe place for children
12 to play and learn, and providing a place for health recreation,
13 physical activity, and family gathering, usually at no or low
14 cost; and
15
WHEREAS, many of the nation's local parks and recreation
16 systems in the nation's communi ties have long recogni zed the
17 important benefits of urban parks and have used their best
18 efforts to make ongoing investments of local funds to improve
19 their parks; and
20
WHEREAS,
the
increased
demand
for
park
space
and
21 recreational facilities in many of the nation's communities,
22 together with aging park infrastructure in cities such as
23 Virginia Beach, has resulted in a situation where many local
24 governments and local park and recreation systems have been
25 unable to keep pace with the tremendous costs of making the
26 needed repairs, improvements and upgrades to their local parks;
27 and
28
WHEREAS, the National Recreation and Park Association has
29 recently estimated that funding for local parks and recreation
30 is predicted to fall $38 billion short of meeting basic needs
31 over the next four years and in Virginia Beach there is a
32 current need for infrastructure estimated at $80 million over
33 the next 25 years; and
34
WHEREAS, despite the clear and important benefits of urban
35 parks to the health and welfare of the nation's communities, and
36 a demonstrated need for more funding, in recent years the
37 federal government has failed to provide adequate funding for
38 the nation's urban parks; and
39
WHEREAS, in May 2006, representatives of the largest urban
40 park and recreation systems In the United States gathered
41 together in Chicago for an "Urban Parks Summit" to create a new
42 national agenda for urban parks and recreation, a new compact
43 among federal, state and local governments, along with citizens
44 groups, private foundations and businesses; and
45
WHEREAS,
the new national agenda for urban parks and
46 recreation is premised upon four guiding principles and beliefs;
47 as follows:
48
49
50
51
52
53
54
55
56
Urban parks must continue to promote health and
wellness;
Urban parks must continue to stimulate community and
economic development;
Urban parks must continue to protect the environment;
and
Urban parks must continue to educate, protect and
enrich America's young people; and
WHEREAS, the new national urban parks and recreation agenda
57 calls upon the President of the United States and the U.S.
58 Congress to provide increased federal funding for urban parks in
59 the nation's communities, in exchange for a commitment from
60 state and local governments to match the federal funds dollar
61 for dollar; and
62
WHEREAS, this new urban parks agenda, which is premised
63 upon these four guiding principles and a renewed commitment by
64 all levels of government to invest in the nation's communi ties
65 by investing In parks, will help to protect and ensure the
66 countless value of urban parks for generations to come; and
67
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
68 CITY OF VIRGINIA BEACH, VIRGINIA:
69
That the City of Virginia Beach recognizes the invaluable
70 role of urban parks to the nation's communities and to the
71 citizens of Virginia Beach; and
72
BE IT FURTHER RESOLVED that City Council hereby endorses
73 the new "National Agenda for Urban Parks and Recreation,"
74 adopted at the Urban Parks Summit in Chicago in May, 2006, and
75 recognizes the critical importance to the nation's communi ties
76 of abiding by the four guiding principles for urban parks
77 adopted at that Summit.
78
Adopted by the Council of the City of Virginia Beach,
79
Virginia on the 23rd day of January
, 2007.
Approved as to Legal Sufficiency:
~~~
City Attorney's Office
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January 17, 2007
- 26 -
Item V,K 2.
RESOLUTIONS/ORDINANCES
ITEM #56017
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to AMEND the duties of the Employee Benefits
Review Task Force
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
1
Requested by Councilmembers Harry Diezel & Bill DeSteph
2
3
4
A RESOLUTION AMENDING THE DUTIES
OF THE EMPLOYEE BENEFITS REVIEW
TASK FORCE
5
WHEREAS I on October 241 20061 City Council established the
6 Employee Benefits Review Task Force (the "Task Forcell) to
7
comprehensively
analyze
employee
benefits
and
alternative
8 benefit options to aid the City Council in making budgetary
9 decisions about such benefitsi and
10
WHEREAS I the October 241 2006 resolution provides that any
11 recommendations of the Task Force I if adopted by City Council I
12 shall apply only to employees hired after July 11 2007i and
13
WHEREAS I on December 121 20061 the City Council suspended
14 proposed increases in retiree health insurance premiums until
15
July
11
20071
to
enable
City
Council
to
review
the
16 recommendations of the Task Forcei and
17 WHEREAS I the City Council would benefit from the review and
18 recommendations of the Task Force with respect to current and
19 future retiree benefits and the overall sustainability of
20 retiree health benefits.
21
NOWI THEREFORE I BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH I VIRGINIA:
23 That I in addition to the duties outlined in the October 241
24 2006 resolution and the December 121 2006 resolutionl the City
25 Council hereby requests that the Employee Benefits Review Task
26 Force review and present recommendations regarding the benefits
27 offered to current and future retirees and the overall
28 sustainability of the City/s retiree health benefits.
29
30
Adopted by the Council of the City of Virginia Beachl
31 Virginia on the 23rd day of
January
1 2007.
Approved as to Legal Sufficiency:
i' 'C 1
'. J~lIYU ;- K.~~/,,-
C{ty Attorney/s ffice
CA 10250
R-1
January 121 2007
- 27-
Item V,K 3.
RESOLUTIONS/ORDINANCES
ITEM #56018
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED, AS
REVISED:
Ordinance to AMEND ~ 37-25 of the City Code re water meters, valves
and manholes being obstructed by parked vehicles.
Line 30, Page 2:
"....at the praperty awncr's vehicle owner's expense shall be posted on
the door of the home or business and on the item obstructing the meter. "
The vehicle would not be towed, if the owner's account was not delinquent and the estimate continued to
be paid.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
1
2
3
4
AN ORDINANCE TO AMEND SECTION 37-
25 OF THE CITY CODE PERTAINING TO
OBSTRUCTING VALVES, MANHOLES,
METERS, ETC.
5
SECTION AMENDED: 37-25
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8
That Section 37-25 of the Code of the City of Virginia
9 Beach, Virginia, is hereby amended to read as follows:
10 Sec. 37-25. Obstructing valves, manholes, meters, etc.
11
(a) It shall be unlawful for any person to intentionally
12 place, upon or about any gate valve, manhole, fire hydrant, stop
13 cock, meter or meter box connected with the water pipes of the
14 city's system of waterworks, any vehicle, trailer or object,
15 material, debris or structure of any kind which will prevent
16 free access to such facilities at all times. It shall be the
17 responsibility of the owner or occupant of all premises upon
18 which such facilities are placed to maintain a one-foot
19 clearance around all such facilities; provided, that there shall
20 be a three (3) foot clearance surrounding any fire hydrant.
(b)
Upon finding that access to a meter for purposes of
21
22 disconnection of service on the basis of account delinquency is
23 prevented by a motor vehicle or trailer parked on or over such
24 meter, the Director of Public Utilities or his designee shall
25 contact the customer served by the meter and request such
26 customer to move the motor vehicle or trailer so as to allow
27
access to the meter.
If the customer cannot be contacted or
28 refuses to cooperate, a written notice stating that the motor
29 vehicle or trailer, or any other motor vehicle or trailer parked
30 in such manner as to prevent access to the meter, will be
31 removed after five (5) days at the vehicle owner's expense shall
32 be posted on the door of the home or business and on the item
33
obstructing the meter.
If after five (5) days access to the
34 meter is still prevented by a motor vehicle or trailer, such
35 motor vehicle or trailer may be towed, at the vehicle owner's
36 expense, by or at the direction of the Police Department in
37
accordance
with
applicable
provisions
of
the
City
Code;
38 provided, however, that the permission of the owner or occupant
39 of the property from which the motor vehicle or trailer lS towed
40
shall not be required.
Prior to the actual towing of the motor
41 vehicle or trailer, the owner or occupant, if present, shall be
42 given the opportunity to move the motor vehicle or trailer.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23rd day of January, 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
JAt/wl~mc4~l ]fC
Public Utilities I'
CA-10141
V:\applications\citylawprod\cycom32\Wpdocs\D006\P001\O0019724.DOC
R-5
January 16, 2007
Policy Report
OBSTRUCTING METERS
A PROPOSAL TO AMEND VIRGINIA BEACH CITY CODE
TO CHANGE THE PROCEDURE FOR ADDRESSING
WATER METERS OBSTRUCTED BY VEHICLES
BACKGROUND
Like other water utilities, Virginia Beach has a small subset of customers who avoid
paying water and sewer charges by intentionally parking a car over the water meter. At
any given time, up to two-dozen cars are parked on top of Virginia Beach water meters.
Some of these obstructions are unintentional, and the vehicles are promptly relocated
upon request and/or notice to move the vehicle. But many of these obstructions are
intentional and are not corrected, even after numerous notifications and requests.
Consequently, the meters remain inaccessible, the customers continue to receive water
and sanitary sewer services, and the delinquent charges continue to accrue month after
month, with account balances often exceeding $1,000. Moreover, Public Utilities will
often invest several hundred dollars or more of staff resources in repeated attempts to
access one of these meters. Efforts to seek court orders to move these vehicles would
be extremely unwieldy, not very successful, and would cost far more than the
outstanding balances owed. Historically, many of these customers avoid paying their
accounts for a number of billing cycles, and some move out of the property, which
exponentially diminishes the City's ability to collect the debt. Even after court
proceedings are initiated to collect delinquent amounts, it may be years before Public
Utilities realizes any of the monies owed, if ever.
Other municipal utilities in Hampton Roads resolve this issue by towing vehicles that are
deliberately obstructing access to meters. However, the Virginia Beach City Code does
not currently provide such authority to Public Utilities. The purpose of this policy report
is to recommend amendment to S37 -25 of the City Code to authorize the towing of
vehicles obstructing water meter boxes.
CONSIDERATIONS
Virginia Beach City Code S37 -25 prohibits the obstructing of meter boxes so as to
prevent access:
937-25. Obstructing valves, manholes, meters, etc.
"It shall be unlawful for any person to place, upon or about any gate valve,
manhole, fire hydrant, stop cock, meter or meter box connected with the
water pipes of the city's system of waterworks, any object, material, debris
or structure of any kind which will prevent free access to such facilities at
all times. It shall be the responsibility of the owner or occupant of all
premises upon which such facilities are placed to maintain a one-foot
clearance around all such facilities; provided, that there shall be a three
(3) foot clearance surrounding any fire hydrant."
However, this language does not specifically address the parking of vehicles on meter
boxes, nor does it authorize the towing of an obstructing vehicle. As noted below in
City Code 937-2, violations of Chapter 37, generally, are punishable as Class 3
misdemeanors with monetary fines of up to $500, and no jail time.
937-2. Violations of chapter generally.
"Unless otherwise specifically provided, any person who
shall violate any of the provisions of this chapter shall be
guilty of a Class 3 misdemeanor and each day's continuation
of a violation shall be considered a separate offense. Any
such person shall, furthermore, be liable for all damage, loss
and expense suffered or incurred by the city as a result of
such violation."
The existing remedy is unwieldy, time consuming, and very expensive administratively.
Public Utilities' attempts to use criminal statutes to enforce these types of situations
have had poor track records and have cost the City far more than the delinquent
balances. Even if a fine were eventually imposed, it would often be less than the
account balance, would not be paid to Public Utilities, and would not require that the
customer move the vehicle.
Other municipalities in Virginia and in Hampton Roads employ towing to remove
vehicles obstructing access to water meter boxes, including Chesapeake, Norfolk, and
Portsmouth. In Chesapeake, if a water meter is obstructed, the customer is given
notice to move the vehicle. If the vehicle is not moved, utility personnel notify the police.
The police go to the property and inform the customer that the vehicle will be towed if it
is not moved. Chesapeake indicates that this nearly always produces the desired
outcome and they have rarely, if ever, had to actually tow a vehicle.
In Norfolk, towing is approved by the City Manager on a case-by-case basis. Currently,
the city's assistant fire marshal has the authority to direct towing operations. When
instructed, he appears at the property and gives the vehicle owner 15 minutes to move
the vehicle. If the vehicle is not moved, he calls a contracted towing service. Then he
calls the meter reader so that a reading can be obtained.
The process in Portsmouth is similar to Chesapeake's. If a customer will not move a
vehicle upon notice or request from utility personnel, the police are notified. If the
customer will not move the vehicle at the request of the police, the vehicle is towed.
Having the authority to tow an obstructing vehicle would provide Public Utilities a low
cost and efficient means to remedy situations in which water meters are intentionally
blocked. Similar to the Chesapeake experience, it is highly expected that simply having
the authority to tow an obstructing vehicle combined with notice that the vehicle will be
towed if not relocated will produce the desired result in all but a handful of situations.
Towing would be coordinated through the Virginia Beach Police Department and the
current City towing contract, as follows:
~ If a meter cannot be read because a vehicle is obstructing the meter box, the
meter reader will attempt to contact the customer and ask that the vehicle be
relocated. If this does not work, a notice is left on the vehicle and water demand
is estimated based upon past consumption. A utility bill based upon the
estimated consumption is mailed to the customer. This is current practice -
Public Utilities will not tow a vehicle simplv because a meter cannot be read.
~ If the utility bill is not paid within 30 days of the billing date, the customer is sent
a final notice indicating that the bill must be paid within 15 days or service is
subject to termination. This is current practice.
~ If the utility bill is not paid within 45 days from the billing date, the account is
declared delinquent. This is current practice.
~ If the account remains unpaid by 50 to 54 days from the billing date, a service
inspector will attempt to discontinue service. If a vehicle is blocking the meter,
the service inspector will attempt to contact the customer and ask that the
vehicle be relocated. If this does not work, a notice will be left on the vehicle and
on the door notifying the customer that the account is delinquent, and that the
customer has five days to move the vehicle or it will be towed.
~ If the account remains unpaid by 60 days from the billing date, a service
inspector will return to the property and again attempt to discontinue service. If a
vehicle is still blocking the meter, the service inspector will notify the Virginia
Beach Police department that the vehicle needs to be towed. At this point in the
process, a second billing period is nearly complete and the customer owes the
City for four months of water and sanitary service, stormwater management fees,
and City Utility Tax.
~ A Virginia Beach Police Officer will arrive at the property and advise the
customer that if the vehicle is not relocated, it will be towed. If the vehicle is
moved, towing will not occur. The service inspector will read and lock (or pull)
the meter.
~ If vehicle is not moved, the towing company is called. The towing company will
remove the vehicle to an impoundment lot, where it will remain until the vehicle
owner pays all fees associated with the towing. The service inspector will read
and lock (or pull) the meter.
PUBLIC INFORMATION
The proposed City Code revisions will be advertised as part of the City Council Agenda
Package.
The Department of Public Utilities will also make information with respect to the new
ordinance available to the general public and use established channels of
communication with our customers, such as the Pipeline customer newsletter, bill print
messages, and the department's Website.
ALTERNATIVE COURSES OF ACTION
1) No action. Obstructed meters will continue to be a time-consuming and costly
problem. Delinquent customers who have "figured-out" the system will continue to
use vehicles to obstruct the water meter in order to avoid paying their water and
sanitary sewer charges. The Department will continue to incur significant
administrative costs associated with efforts to recover monies owed.
2) Amend the City Code to provide the Department of Public Utilities the authority to
move a vehicle obstructing a water meter box, but not tow it to an impound lot. This
would provide Public Utilities the ability to read and lock the meter and enforce the
delinquency process, but the Department would have to incur costs upfront for
moving the vehicle and then attempt to recover those costs from the customer, in
addition to the delinquent utility charges. More importantly, this would not provide a
disincentive for similar future behavior on the customer's part.
3) Amend the City Code to allow for a notice provision, and provide the Department of
Public Utilities the authority to tow a vehicle obstructing a water meter box. This
would be a cost effective and efficient tool to enable Public Utilities to enforce the
delinquency process, and provide a disincentive for similar future behavior on the
customer's part. The customer would have to work with the Department to payoff
the account balance in order to continue water service while they are still at the
property. Public Utilities believes that its experience will be similar to that of
Chesapeake's in that most customers, if not all, will move an obstructing vehicle
before it is towed, and that the number of vehicles that are actually towed will be
very small.
RECOMMENDA liONS
It is recommended that the City Council adopt an ordinance in accordance with
Alternative 3 to amend the Virginia Beach City Code authorizing the towing of vehicles
obstructing water meter boxes. State enabling legislation is not required.
REVIEW AND APPROVAL
~
City Manager
Public Utilities
ager
Lll b/ 0)
$t/W1w/77
Department iector
Date: I I b / () 7
I
- 28 -
Item V.K 4.
RESOLUTIONS/ORDINANCES
ITEM #56019
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AMEND and REORDAIN the APZ-1/Clear Zone
Acquisition Plan, dated February 14, 2006, by adding certain properties
upon which the right to develop for residential uses has vested as of
December 20, 2005, deleting stricken portions dated January 23, 2007,
and settingforth criteria for the City Manager to acquire properties after
acquisition
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. DiezeI, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
1 AN ORDINANCE TO AMEND AND REORDAIN THE APZ-
2 l/CLEAR ZONE ACQUISITION PLAN BY INCLUDING
3 WITHIN ITS PURVIEW CERTAIN DUPLEX PROPERTIES
4 AND CERTAIN PROPERTIES UPON WHICH THE RIGHT TO
5 DEVELOP FOR RESIDENTIAL USES HAS VESTED
6
7
8 WHEREAS, on December 20, 2005, the City Council adopted the
9 APZ-l Use and Acquisition Plan, dated December 14, 2005, as one of
10 the components of its response to the Base Realignment and Closure
11 Commission's decision regarding NAS Oceana; and
12 WHEREAS, on February 14, 2006, the City adopted an amendment
13 to such Plan that added to the purview of the Plan Clear Zones, as
14 shown on the official AICUZ Map, and renamed such plan the APZ-
15 l/Clear Zone Use and Acquisition Plan (the "Plan"); and
16
WHEREAS, the Oceana Land Use Conformity Committee (the
17 "Committee") was established by the City Council for the purpose,
18 among others, of making recommendations to the City Council and
19 Development Authority on matters relating to reducing the amount of
20 pre-existing nonconforming development, as determined pursuant to
21 Section 1804 of the City Zoning Ordinance, in APZ-1 and Clear
22 Zones, in a manner consistent with the City Zoning Ordinance, the
23 APZ-l/Clear Zone Use and Acquisition Plan, the Comprehensive Plan,
24 the Final Hampton Roads Joint Land Use Study (JLUS) and with good
25 zoning practices that do not adversely affect established
26 residential neighborhoods; and
27
WHEREAS, the Committee has recommended that certain duplex
28 properties and properties upon which the right to develop for
29 residential uses has vested as of December 20, 2005 be added to the
30 properties that are eligible for acquisition under the Plan; and
31
WHEREAS, the City Council is of the opinion that the said
32 recommendation of the Committee is consistent with the City Zoning
33 Ordinance, the APZ-1/Clear Zone Use and Acquisition Plan, the
34 Comprehensive Plan, the Final Hampton Roads Joint Land Use Study
35 (JLUS) and with good zoning practices that do not adversely affect
36 established residential neighborhoods;
37 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
38 OF VIRGINIA BEACH:
39
That the APZ-1/Clear Zone Use and Acquisition Plan dated
40 February 14, 2006 be, and hereby is, amended and reordained by the
41 addition of the underlined portions and the deletion of the
42 stricken portions shown on that certain document entitled "Amended
43 APZ-1/Clear Zone Use and Acquisition Plan," dated January 23, 2007,
44 such document being attached hereto and made a part hereof.
45
46
Adopted by the Council of the City of Virginia Beach on the
23rcftiay of
Januarv
, 2007.
47
48
4 9 CA - 1 0 2 52
50 OID\Land Use\amendAPZ-1U&APlanordin.doc
51 R-1
52 January 17, 2007
53
54
55
2
56 Approved as to Content:
57
58 ~\~.~~
59 Ci\janager ~
Approved as to Legal Sufficiency:
{JJ/l&t;v; .frld
Clty Attorney's Office
3
CITY OF VIRGINIA BEACH
Februal)' 14, 2006
January 23. 2007
AMENDED APZ-1/CLEAR ZONE USE AND ACQUISITION PLAN
Overview
The APZ-l Ordinance (adopted December 20, 2005 and revised to include Clear Zones)
amended the City Zoning Ordinance to prohibit all uses in APZ-l and Clear Zones that are
incompatible with OPNA V Instruction 1101O.36B (December 19, 2002) (the "OPNA V
Instruction"). The APZ-l Ordinance renders existing uses non-conforming but not incompatible,
and requires all new development or redevelopment to be consistent with the OPNA V
Instruction. As an exception, the Ordinance allows incompatible uses or structures as a
replacement ofthe same use or structure ifthe replacement use or structure is of equal or lesser
density or intensity than the original use or structure. Where application ofthe APZ-l Ordinance
leaves property without a reasonable use, this APZ-lIClear Zone Use and Acquisition Plan is
intended to direct reuse, rezoning, or purchase of those properties.
The Plan
The Use and Acquisition Plan is illustrated in the following chart entitled "APZ-l/Clear
Zone Use and Acquisition Plan."
APZ-lIClear Zone Use and Acquisition Plan
Develop with Rezone or grant Voluntary acquisition Eminent domain
compatible use conditional use permit
("CUP") for compatible
use
ONRESIDENTIAL
Developed Owner's choice. Owner's choice. Owner Yes. Owner has No. Owner has
Already developed can initiate application for development options development options for
use is "not new compatible use. City for reasonable use, so compatible and
incompatible" and can will not initiate rezoning City need not reasonable use. City
remain, or owner can because owner has acquire. But if need not acquire.
redevelop with a existing use and other initiated by owner,
different compatible allowable, compatible City may acquire to
use. reasonable uses. "roll back"
development.
Undeveloped Yes. Owner can Yes. Owner can initiate No. Generally, owner No. Owner has
initiate development application for has development development options for
to a compatible use. compatible use. City options for reasonable compatible and
Every nomesidential need not initiate rezoning use, and City need not reasonable use. City
zoning category because owner may seek acqUIre. need not acquire.
allows some approval for some But if property is left
compatible & compatible & reasonable with no reasonable
reasonable use. use. use, City will acquire.
RESIDENTIAL
Not applicable Yes. On case-by-case No. Existing use is No. Existing use is "not
because the property
is already developed. basis. Owner can initiate "not incompatible," incompatible," thus City
Existing uses are "not rezomng. thus City need not need not acquire.
incompatible" so no acqUIre.
action is needed. Except, if initiated by
owner, City will
acquire Qualifying
Duplex Properties-feF
market '/alae at time
of sale, as if the APZ
lOrd. does Bot
Undeve oped No. There is no Yes. On case-by-case
compatible use basis; depends on size,
without rezoning/ location and intended use Yes. But only if
CUP. of parcel. Either owner
or City can initiate unsuitable for
rezoning/CUP and
rezomng. only if APZ-I
Ordinance leaves
property without a
reasonable use.
2
How each category of property will be affected:
The following is a description of how each category of property will be treated under the
Plan.
NONRESIDENTIAL/COMMERCIAL - DEVELOPED
. Retain Existing Use or Develop Consistent with the OPNA V Instruction
Developed Nonresidential/Commercial property within APZ-l and Clear Zones
would have some reasonable use under the new zoning rules. Owners of such
property could retain their existing use, and they would also have other allowable
compatible uses. Therefore, the owners of such property could keep their existing use
or redevelop the property in any manner consistent with the OPNA V Instruction and
the APZ-l Ordinance, as amended. Such development might require a rezoning or
conditional use permit, which would be evaluated on a case-by-case basis.
. Voluntary Acquisition Available
The City would be willing to purchase Developed Nonresidential! Commercial
property within APZ-l and Clear Zones that are adversely affected by the APZ-l
Ordinance. Only voluntary sales would be permitted. Eminent domain would not be
available for such acquisitions.
NONRESIDENTIAL/COMMERCIAL - UNDEVELOPED
. Develop Consistent with the OPNA V Instruction
Most undeveloped Nonresidential/Commercial property within APZ-l and Clear
Zones would have some reasonable use under the APZ-l Ordinance. Therefore, the
owners of such property could develop the property in any manner consistent with the
OPNA V Instruction and the new APZ-l Ordinance, as amended. Such development
might require a rezoning or conditional use permit, which would be individually
evaluated on the merits of each case.
. Voluntary Acquisition Generally Unavailable
Because most such properties will be left with some reasonable use, the City will
not acquire them. If a property is deprived of all reasonable use, then the City will
acquire it.
3
RESIDENTIAL - DEVELOPED
. Existing Dwellings Will Remain
Residential developed property would be considered to be a preexisting use and
would be allowed to remain. Under the APZ-l Ordinance, as amended, the property
may be replaced, repaired, reconstructed, or otherwise improved, so long as the
density is not increased.
. Redevelopment to Compatible Use, Case-By-Case
If the owner of residential developed property wanted to rezone the property or
seek a conditional use permit to a traditionally compatible use such as industrial, such
redirected uses would be welcomed, so long as the fit was right with the
neighborhood. These redevelopments would be handled on a case-by-case basis and
would be initiated by the owner.
. Dwellings Will Not Be Acquired
Eminent domain would not be available for developed residential properties
under any circumstances. Dwellings generally will not be acquired by voluntary
purchase; however, voluntary acquisition will be available in the limited
circumstances of the following types of properties:
1) "Qualifying Duplex Properties" as that term is defined on Page 6-;;
2) Properties that were vested for new development or redevelopment on
December 20. 2005. may be acquired bv voluntary purchase or. at the owner's
request. by eminent domain; and
3) Developed duplex properties. The Developed Duplex Acquisition
Program is set forth in more detail on Page 7.
RESIDENTIAL - UNDEVELOPED
. Rezone/Conditional Use Permit (CUP), If Appropriate
After the APZ-l Ordinance went into effect, some undeveloped residential
properties will be left with no reasonable compatible use. Such property could be
rezoned or issued a conditional use permit on a case-by-case basis, but certain
properties might not be suitable for any nonresidential use. The City would first
evaluate whether a rezoning or conditional use permit would be appropriate.
. Acquire By Agreement or Condemnation
4
If there are no suitable nonresidential uses, the City would acquire the
property because the owner would be left without any reasonable use of its
property. Either voluntary purchase or eminent domain would be available. If
the City were unable to reach an agreement as to value with the owner, the City
could condemn the property.
QUALIFYING DUPLEX PROPERTIES
. Voluntary Acquisition Available
The City would be willing to purchase "Qualifying Duplex Properties" within
APZ-l and Clear Zones, as defined and described on Page 6. Eminent domain
would not be available for such acquisitions.
Acquisition Rules.
Voluntary Acquisitions.
Affected Property: Property located wholly or partially within APZ-l and/or
Clear Zones that is (a) undeveloped property which is currently zoned for residential
use, or (b) developed commercial property. For the Voluntary Purchase Program for
Qualifying Duplex Properties in APZ-l and Clear Zones, see Page 6.
Owner-initiated sales only for nonresidential property. Developed
commercial property will be acquired only if the owner ofthe property initiates the
sale.
Fee Simple or Development Rights/Easements To Be Acquired._ The City
might acquire either fee simple title, restrictive easements or development rights. In
certain cases (for example large lots) the City might want to acquire the land in fee so
that the property could be acquired and put to some compatible use. In other cases
(for example small infilllots in residential neighborhoods where the owner owns an
adjacent, developed lot) the City might want to acquire only development rights. The
City would add as a condition to its acquisition of only the development rights that
the adjacent owner must resubdivide the property to remove lot lines and create one
larger lot.
In other words, the City would avoid buying in fee small lots in neighborhoods
where it is possible to pay only for the development rights and have the adjacent
owner fold the property into his existing use. The object is to avoid City-owned
vacant lots that would be difficult to maintain and could adversely affect the
5
neighborhood. The goal would be for the City and the owner to work together to find
a solution that compensates the owner and makes the most sense in the context ofthe
neighborhood.
City to Pay Market Value Without Regard to APZ-l Ordinance for
Undeveloped Residential Land. Owners of residential property (undeveloped
residentialland) will be paid market value based on sales of similar properties that
are not within APZ-l and Clear Zones, so there is no "blight" on the value of their
property. The property will be valued as if the APZ-l Ordinance's prohibition
against new residential development does not apply.
City to Pay Market Value for Commercial Properties. Owners who sell their
commercial property to the City will be paid based on fair market value, with
consideration given for the limitations and provisions of the APZ-l Ordinance and
the AICUZ Overlay Ordinance.
Voluntary Purchase Program for Qualifying Duplex Properties in APZ-l and
Clear Zones
1. Application. This program applies only to properties that meet the
following criteria ("Qualifying Duplex Properties"):
a. Located in APZ-l and/or Clear Zone;
b. Currently improved with a single-family home; and
c. Duplex use was legally and physically possible before the
adoption ofthe APZ-l Ordinance (zoning district allowed "by-right"
duplex development; physical features made duplex use a reasonable
option; and there were no title restrictions preventing duplex use).
2. Voluntary Purchase Program.
a. Fee Simple/Total Purchase only. The City will purchase, by
voluntary agreement, the lot and all improvements from the owner.
b. Valuation. As compensation, the City will pay the market value
of the property and improvements at their highest and best use at the
time of sale (i.e., higher of value as single-family residence or duplex)
as if the APZ-l Ordinance's prohibition against new residential
development does not apply.
c. Appraisal. The City will pay for an appraisal of the property, after
the City and the owner have agreed on an appraiser.
3. City's Options after Purchase. After purchase of a Qualifying
Duplex Property, the City shall rezone the property or otherwise eliminate the
potential for duplex development, and do any of the following to be
determined on a case-by-case basis:
a. Sell the house and lot to a third party as excess property for
continued use as a single-family home;
6
b. Lease the house and property to a third party for residential use;
c. Demolish the improvements and sell the lot to adjacent
landowners; or
d. Rezone the property, if appropriate, to a nonresidential zoning
classification and sell or lease the property for new development
compatible with the OPNA V Instruction.
If the City decides to proceed under part 3a or 3b above, it is the City's intent
to cause noise attenuation measures to be performed on the single-family
home, prior to occupancy.
Involuntary Acquisitions/Eminent Domain
Affected Property. Eminent domain will only be used to acquire undeveloped
property zoned for residential use, only ifthe property has no other reasonable use
and only after efforts to voluntarily purchase the property have failed.
State legislation needed. State enabling legislation will be needed before
condemnation can be used. The City has requested state legislation that gives the
City the power to condemn, and condemnation will only be allowed for the following
circumstances:
. Only for undeveloped property zoned for residential use.
. Only where property is deprived of all reasonable use.
. Only where development rights have not vested.
. Only for property wholly or partially within APZ-l and Clear Zones.
. Only after all efforts to reach a voluntary sale have been unsuccessful.
. Only so long as acquisition is needed to protect NAS Oceana as a Master Jet
Base.
Rights to be Acquired~ Either development rights or fee simple rights would be
acquired, depending on the particular circumstances of each property. Where the
owner owns developed adj acent property, acquiring development rights only will be
favored.
City to Pay Full Fair Market Value. Where eminent domain is authorized,
Owners will be paid fair market value based on sales of similar properties that are not
within APZ-l or Clear Zones. The property will be valued as ifthe APZ-l Ordinance
does not apply.
Developed Duplex Acquisition Pro1!ram
Recognizing the City's goals of reducing density in APZ-l while maintaining the quality of
the neighborhoods, the City Manager is authorized to acquire existing duplexes in APZ-l for the
7
purpose of removing the structures.
The City Manager should evaluate the condition of the du?lex and should prioritize
acquisition of duplexes based on their relative age and condition and whether noise attenuation
measures have been incorporated into the structure. Preference should be given to duplexes that are
in the poorest condition and that have not had noise attenuation improvements.
After acquisition of a duplex under this Program, the City Manager is directed to do any of
the following:
1. Remove the structure, restrict the site to development of a single-family home, and
sell to a third-party for new construction of one dwelling unit:
2. Remove the structure, restrict any new dwelling units from being constructed and sell
the site to adiacent landowner(s) who must resubdivide their lot(s) to include the
vacant site:
3. Remove the structure and assemble the property for nonresidential. conforming uses,
but only if (a) the property is in a neighborhood that is trending toward non-
residential uses and (b) there will be no adverse impact on the surrounding properties:
4. Remove the structure and use the property for public use or hold the property for
future public use.
The Acquisition Rules set forth on Page 5 shall apply to these sites the same as they do to any
voluntary acquisitions under this APZ-lIClear Zone Use and Acquisition Plan.
Voluntarv Acquisition of Properties Vested Development
The City Manager is authorized to acquire properties in APZ-l where the Planning Director
and the City Attorney have determined that the owner ofthe property had vested rights in developing
the property with a residential use before the City adopted the APZ-l Ordinance on December 20,
2005.
Only properties that have not vet been developed with new structures are eligible for
acquisition, unless the owner/developer has not yet sold or contracted to sell developed dwellings to
individual owners.
The Acquisition Rules set forth on Page 5 shall apply to these sites the same as they do to any
voluntary acquisitions under this APZ-lIClear Zone Use and Acquisition Plan.
Plan is Flexible
The preceding guidelines shall be followed in implementing the APZ-lIClear Zone Use and
Acquisition Plan, except where circumstances dictate other options particular to a specific property.
In such cases, the City will consider other options only when (i) the proposed option is consistent
8
with the intent to stop development incompatible with the OPNA V Instruction; (ii) the proposed
option "rolls back" existing non-conforming uses by eliminating the use or reducing the density or
intensity ofthe use; or (iii) no other reasonable, compatible use for the property is allowed; provided,
that the option, in the judgment of City Council, does not have an unduly adverse impact on adjacent
properties.
Other possible options:
The City Manager is directed to continue the consideration and development of other
methods of converting uses in APZ-l and Clear Zones that do not conform to the OPNA V
Instruction to uses compatible with the OPNA V Instruction. Such other options shall have the effect
of accomplishing the intent ofthe APZ-l Ordinance and the APZ-lIClear Zone Use and Acquisition
Plan and reducing uses not conforming with the OPNA V Instruction within APZ-l and Clear Zones
whenever reasonable and feasible. Options considered shall include, but not be limited to,
assemblage of property for redevelopment, the use of Economic Development Incentive Program
funds and the use of zoning and land use incentives.
Implementation instructions:
I. Notification
This Plan is effective as of December 20,2005. This Plan amendment to include Clear Zones
is effective upon adoption. Thereafter, the City staff shall, within sixty (60) days, identify all
property within Clear Zones and notify the property owners by certified letter of the APZ-l
Ordinance, the classifications of property under the APZ-l /Clear Zone Use and Acquisition Plan, and
provide the owners with a copy ofthe APZ-lIClear Zone Use and Acquisition Plan.
II. Purchase
Beginning January 1, 2006, property owners desiring to sell their property consistent with the
provisions of the APZ-l/Clear Zone Use and Acquisition Plan shall notify the City Manager by
letter. Letters received shall be date-stamped and priority of purchase shall be by date received,
earliest to latest, except that (1) properties left without a reasonable use shall be given first priority;
and (2) City Council may elevate the priority of property owners who suffer a demonstrated hardship
if an expedited sale would ameliorate such hardship. Purchases of eligible property shall be made in
such order, upon approval ofthe City Council, to the extent that funds are available each fiscal year.
Annual Report
The City Manager shall report annually to the City Council on the status of all uses not conforming
with the OPNA V Instruction within APZ-l and Clear Zones. The format ofthe report shall include
an inventory of property within each classification under the APZ-lIClear Zone Use and Acquisition
9
Plan.
Funding
The City Manager is directed each fiscal year to include in the City's annual budget funds for the
purpose of acquiring properties within APZ-l and Clear Zones designated for acquisition under the
APZ-l/Clear Zone Use and Acquisition Plan in the amount of Fifteen Million Dollars
($15,000,000.00) or such greater amount as circumstances may warrant. Any proceeds the City
receives from selling or leasing properties acquired under this APZ-lIClear Zone Use and
Acquisition Plan shall be deposited into the APZ-lIClear Zone acquisition fund. If in any fiscal year
there remains an amount available after the purchase of properties within APZ-l and Clear Zones,
such funds shall be used to purchase properties to be acquired in the Interfacility Traffic Area for
purposes other than the Southeastern Parkway and Greenbelt Project.
Plan Administration
The City Manager may promulgate rules, regulations and policies consistent with the APZ-lIClear
Zone Use and Acquisition Plan to further the efficient implementation and administration of this
Plan.
F:\Datal.~.TY\OID\RE.\L ESTf.TE'.^.ssortea Pr-ejeets\BIt-\C'"\Pl1 Clear lORe Use & .\eq Plafl2 14
~v: laoolications\citvlaworod\cvcom32\ Wodocs\DO 12\P002\00026352.DOC
10
Item V-L./M.
L. PLANNING-NO ACTION
1. VIRGINIA SUPPORTIVE HOUSING
M. PLANNING
1. CLAYBORN PROPERTIES, LLC
2. TIMOTHY H. HANKINS
3. M & M CONTRACTORS, INC.
4. ENTERPRISE RENT-A-CAR
5. BECO DEVELOPMENT, L.L.c.
6. HICKMAN PLANTATION SHOPPES
7. CITY ZONING ORDINANCE
- 29 -
ITEM #56020
CHANGE OF ZONING
CONDITIONAL USE PERMIT
EXPANSION OF A
NONCONFORMING USE
STREET CLOSURE
MODIFICATION OF Condition No.1
Re CUP (APPROVED 7/3/2001),
AMENDED and APPROVED
February 26, 2006. DEFERRED
INDEFINITELY 1/31/2006
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
CONDITIONAL CHANGE OF ZONING
AMEND 1'11,233.1,701,901,1001, 1501,
1511 and 1521 re "Alcoholic Beverage"
and "Bar or Nightclub", requiring
Condhwnal UsePermhs and adding
Standards and establishing other
regulations
January 23, 2007
- 30 -
Item V-L.
PLANNING
ITEM # 56021
City Council TOOK NO ACTION re Ordinances upon application of VIRGINIA SUPPORTIVE
HOUSING for a Change of Zoning and Conditional Use Permit:
Ordinance upon application of Virginia Supportive Housing for a
Change of Zoning from B-2 Community Business District to A-12
Apartment District at 964. S Military Highway. (GPIN 1456133354).
DISTRiCT 1 - CENTER VILL
Ordinance upon application of Virginia Supportive Housing for a
Conditional Use Permit for a Single Room Occupancy Facility at 964 S.
Military Highway. (GPIN 1456133354). DISTRiCT 1- CENTERVILLE
The Planning Commission, at their January 10, 2007, Public Hearing, did not act on the Change of
Zoning and Use Permit requests, due to concerns about what they perceived to be potential negative
impacts of a single room occupancy. The Planning Commission deferred action on the Change of Zoning
and the Conditional Use Permit applications until their February 14, 2007, Hearing, requesting the
applicant to provide them with information regarding how the facility will be managed, how residents
will be screened for criminal activity, how residents will be monitored and similar items. The Planning
Staffrequests that this package of items be deferred to City Council's February 27,2007, Session.
January 23, 2007
- 31 -
Item V-M.
PLANNING
ITEM # 56022
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED Items 1, 2,
3 (DEFERRED INDEFINITELY), 4 (DEFERRED), 5, and 6 (DEFERRED INDEFINTELY) of the
PLANNING BY CONSENT AGENDA.
Item M.4. (ENTERPRISE RENT-A-CAR was DEFERRED, BY CONSENT, until the City Council
Session of February 13, 2007.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
Council Lady McClanan voted a VERBAL NAY on Item M.S. BECO DEVELOPMENT, L.L.c.)
January 23, 2007
- 32 -
Item V-M.l.
PLANNING
ITEM # 56023
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED a
Resolution upon application of CLA YBORN PROPERTIES, LLC, authorizing the enlargement of a
nonconforming use on 737 Little Neck Road in the Lynnhaven District.
APPLICATION OF CLAYBORN PROPERTIES, LLC, FOR THE
ENLARGEMENT OF A NONCONFORMING USE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of CLA YBORN PROPERTIES, LLe. for the enlargement of
a Nonconforming Use at 737 Little Neck Road to enlarge a professional
office building (GPIN 1488803791) DISTRICT 5 - LYNNHAVEN
The following conditions shall be required:
1. The proposed enlargement shall be developed substantially as depicted on the site plan entitled
"Concept Plan, Office Expansion for Dr. A. Clayborn Hendricks, D.D.S. ", dated September 27,
2006, a copy of which has been exhibited to the City Council and is on file in the Planning
Department.
2. The architectural design of the addition to the existing structure shall be substantially as depicted
on the submitted elevation drawing entitled "Renovation and New Construction, Clay Hendricks
Dentistry, Virginia Beach, Virginia", a copy of which has been exhibited to the City Council and
is onfile in the Planning Department.
3. Sign age for the site and building shall be limited to a wall sign not to exceed two (2) square feet
in size and a monument style freestanding sign. The monument style sign shall be as depicted on
the submitted elevation drawing entitled, "New Sign for A. Clayborn Properties, 737 Little Neck
Road", a copy of which has been exhibited to the City Council and is on file in the Planning
Department. The monument style sign shall not exceed seven (7) feet in length, two (2) feet in
depth and five feet-six inches (5 '6") in height.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
1
2
3
4
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF
A NONCONFORMING USE ON PROPERTY LOCATED AT
737 LITTLE NECK ROAD, IN THE LYNNHAVEN
DISTRICT
5
WHEREAS,
Clayborn
Properties,
LLC, (hereinafter
the
6 "Applicant") has made application to the City Council for
7 authorization to enlarge a nonconforming office building
8 situated on a certain lot or parcel of land having the address
9 of 737 Little Neck Road, in the R-5D Residential District; and
10
WHEREAS, the said office building is a nonconforming use,
11 as office buildings are not allowed in the R-5D Residential
12 District, but such office building had been constructed prior to
13 the adoption of the current regulations; and
14
WHEREAS, pursuant to Section 105 of the City Zoning
15 Ordinance, the enlargement of a nonconforming use is unlawful in
16 the absence of a resolution of the City Council authorizing such
17 action upon a finding that the proposed use, as enlarged, will
18 be equally appropriate or more appropriate to the zoning
19 district than is the existing use;
20
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH, VIRGINIA:
22 That the City Council hereby finds that the proposed use,
23 as enlarged, will be equally appropriate to the district as is
24 the existing use.
25
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
That the proposed enlargement of the Applicant I s office
28 building is hereby authorized, upon the following conditions:
29
1.
The
proposed
enlargement
shall
be
developed
30 substantially as depicted on the site plan entitled "Concept
31 Plan, Office Expansion for Dr. A. Clayborn Hendricks, D.D.S.,"
32 dated September 27, 2006, a copy of which has been exhibited to
33 the City Council and is on file in the Planning Department;
34
2.
The architectural design of the addition to the
35 existing structure shall be substantially as depicted on the
submitted
elevation
drawing
entitled
"Renovation
and New
36
37
Construction,
Clay
Hendricks
Dentistry,
Virginia
Beach,
38 Virginia," a copy of which has been exhibited to the City
39 Council and is on file in the Planning Department; and
40
3.
Signage for the site and building shall be limited to
41 a wall sign not to exceed two (2) square feet in size and a
42
monument style freestanding sign.
The monument style sign shall
43 be as depicted on the submitted elevation drawing entitled, "New
44 Sign for A. Clayborn Properties, 737 Little Neck Road," a copy
45 of which has been exhibited to the City Council and is on file
46
in the Planning Department.
The monument style sign shall not
47 exceed seven (7) feet in length, two (2) feet in depth and five
48 (5) and one-half (1/2) feet in height.
49 Adopted by the Council of the City of Virginia Beach,
50 Virginia, on the 23rd day of January, 2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
S~Jj;~./y!wl-
City Attorney's Office
CAI0248
V:\applications\citylawprod\cycom32\Wpdocs\DOIO\P001\OO026188.DOC
R-3
January II, 2007
- 33 -
Item V-M.2.
PLANNING
ITEM # 56024
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of TIMOTHY H. HANKINS for the discontinuance, closure and
abandonment of a portion of a 15joot wide alley adjacent to his property at 849 South Atlantic Avenue::
ORDINANCE UPON APPLICATION OF TIMOTHY H. HANKINS
FOR THE DISCONTINUANCE, CLOSURE AND ABANDONMENT OF
A PORTION OF THAT CERTAIN STREET KNOWN AS "PORTION OF
ALLEY" (UNIMPROVED) TO BE CLOSED BY THE VIRGINIA BEACH
CITY COUNCIL
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TIMOTHY H. HANKINS for the
discontinuance, closure and abandonment of a portion of that certain
street known as "PORTION OF ALLEY (UNIMPROVED) TO BE
CLOSED BY THE VIRGINIA BEACH CITY COUNCIL 375 square feet
or 0.0086 Acre" as shown on that certain plat entitled "P LA T
SHOWING PORTION OF ALLEY WEST OF LOT 14, BLOCK 14,
CROATAN BEACH"
The following conditions shall be required:
1. The City Attorney's Office will make the final determination regarding ownership of the
underlyingfee. The purchase price to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures ",
approved by City Council. Copies of the policy are available in the Planning Department.
2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the
closed area into the adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval. Said plat must include a drainage
easement over the entire property for future use as deemed necessary by the City of Virginia
Beach.
3. The applicant shall verifY that no private utilities exist within the right-oj-way proposed for
closure. Preliminary comments from the utility companies indicate that there are no private
utilities within the right-oj-way proposed for closure. If private utilities do exist, easements
satisfactory to the utility company must be provided.
4. Closure of the right-oj-way shall be contingent upon compliance with the above stated
conditions within 365 days of approval by City Council (January 22, 2008). If the conditions
noted above are not accomplished and the final plat is not approved within one (1) year of
the City Council vote to close the right-oj-way, this approval shall be considered null and
void.
January 23, 2007
- 34 -
Item V-M.2.
PLANNING ITEM # 56024 (Continued)
Voting: 10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A, Villanueva. Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
1
2
3
4
5
6
7
8
9
10
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET KNOWN AS "PORTION OF ALLEY
(UNIMPROVED) TO BE CLOSED BY THE
VIRGINIA BEACH CITY COUNCIL 375 SQ. FT.
OR O. 0086 AC." AS SHOWN ON THAT CERTAIN
PLAT ENTITLED "PLAT SHOWING PORTION OF
ALLEY WEST OF LOT 14, BLOCK 14, CROATAN
BEACH TO BE CLOSED BY THE VIRGINIA
BEACH CITY COUNCIL"
11
WHEREAS, TIMOTHY H. HANKINS (the "Applicant") applied
12 to the Council of the City of Virginia Beach, Virginia, to have
13
the hereinafter described street discontinued,
closed,
and
14 vacated; and
15
WHEREAS, it is the judgment of the Council that said
16 street be discontinued, closed, and vacated, subject to certain
17 conditions having been met on or before one (1) year from City
18 Council's adoption of this Ordinance;
19
NOW, THEREFORE, BE IT ORDAINED by the Council of the
20 City of Virginia Beach, Virginia:
21 GPIN: 2426-37-9657
1
22
SECTION I
23
That the hereinafter described street be discontinued,
24 closed and vacated, subject to certain conditions being met on
25 or before one (1) year from City Council's adoption of this
26 ordinance:
27 All that certain piece or parcel of land
28 situate, lying and being in the City of
29 Virginia Beach, Virginia, designated and
30 described "PORTION OF THE ALLEY (UNIMPROVED)
31 TO BE CLOSED BY THE VIRGINIA BEACH CITY
32 COUNCIL 375 SQ. FT. OR 0.0086 AC." shown as
33 the cross-hatched area on that certain plat
34 enti tled: "PLAT SHOWING PORTION OF ALLEY,
35 WEST OF LOT 14, BLOCK 14, CROATAN BEACH TO
36 BE CLOSED BY THE VIRGINIA BEACH CITY
37 COUNCIL" Scale: I" = 20', dated August 14,
38 2006, prepared by WPL, a copy of which is
39 attached hereto as Exhibit A.
40 SECTION II
41 The following conditions must be met on or before one
42 (1) year from City Council's adoption of this ordinance:
43
1.
The City Attorney's Office will make the final
44
determination regarding ownership of the underlying fee.
The
45 purchase prlce to be paid to the City shall be determined
46 according to the "Policy Regarding Purchase of City's Interest
47 in Streets Pursuant to Street Closures," approved by City
48
Council.
Copies of said policy are available in the Planning
49 Department.
2
50 2. The applicant shall resubdi vide the property and
51 vacate internal lot lines to incorporate the closed area into
52 the adjoining parcel. The resubdivision plat shall be submitted
53 and approved for recordation prior to final street closure
54
approval.
Said plat must include the dedication of a drainage
55 easement over the closed portion of the alley to the City of
56 Virginia Beach, subject to the approval of the Department of
57 Public Works and the City Attorney's Office, which easement
58 shall include a right of reasonable ingress and egress.
59
3 .
The applicant shall verify that no private
60 utilities exist within the right-of-way proposed for closure.
61 Preliminary comments from the utility companies indicate that
62 there are no private utilities within the right-of-way proposed
63
for closure.
If private utilities do exist, the applicant shall
64 provide easements satisfactory to the utility companies.
65
4.
Closure of the right-of-way shall be contingent
66 upon compliance with the above stated conditions within one (1)
67 year of approval by City Council. If all conditions noted above
68 are not in compliance and the final plat is not approved within
69 one (1) year of the City Council vote to close the street, this
70 approval will be considered null and void.
71 SECTION III
72 1. If the preceding conditions are not fulfilled on
73 or before January 22, 2008, this Ordinance will be deemed null
74 and void without further action by the City Council.
3
75
2.
If all conditions are met on or before January
76 22, 2008, the date of final closure is the date the street
77 closure ordinance lS recorded by the City Attorney.
78
3.
In the event the City of Virginia Beach has any
79 interest in the underlying fee, the City Manager or his designee
80 is authorized to execute whatever documents, if any, that may be
81 requested to convey such interest, provided said documents are
82 approved by the City Attorney's Office.
83 SECTION IV
84
A certified copy of this Ordinance shall be filed In
85 the Clerk's Office of the Circuit Court of the City of Virginia
86 Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA
87 BEACH as "Grantor" and TIMOTHY H. HANKINS as "Grantee."
89
Virginia, on this
Adopted by the Council of the City of Virginia Beach,
23rd day of January
, 2007.
88
CA-10121
V:lapplications\citylawprodlcycom321 WpdocslDO I OIPOO I 10002 I 640.DOC
R-1
January 8, 2007
APPROVED AS TO LEGAL
SUFFICIENCY:
~{J.~
City Attorney
4
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CHARLES A. NICKELL REVOCABLE TR.
KA THRYN B.. NICKELL REVOCABLE TR.
(M.8. 24, PC. 37)
(CPIN: 2426-37-9752)
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- 35 -
Item V-M.3.
PLANNING
ITEM # 56025
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY an Ordinance upon application of M&M CONTRACTORS, INC. for a Modification
of Condition No.1 on a Conditional Use Permit (approved by City Council on July 3,2001, amended and
approved February 26, 2002, and indefinitely deferred January 31, 2006)
ORDINANCE UPON APPLICATION OF M&M CONTRACTORS, INC.
FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL
USE PERMIT APPROVED BY THE CITY COUNCIL ON FEBRUARY
26, 2002
Ordinance upon application of M&M Contractors, Inc. for a
Modification of Conditions for a Conditional Use Permit approved by
the City Council on February 26, 2002. Property is located at 533 South
Lynnhaven Road (GPIN 14962713680000). DISTRICT 3 - ROSE HALL.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
- 36 -
Item V-M.4.
PLANNING
ITEM # 56026
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council DEFERRED until the
City Council Session of February 13, 2007, Ordinance upon application of ENTERPRISE RENT-A-
CARfor a Conditional Use Permit re motor vehicle rentals:
ORDINANCE UPON APPLICATION OF ENTERPRISE RENT-A-CAR
FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE
RENTALS
Ordinance upon application of Enterprise Rent-A-Car for a Conditional
Use Permit for motor vehicle rentals on property located at 3680
Holland Road (GPIN 1486543888). DISTRiCT 3 - ROSE HALL
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
- 37 -
Item V-M.5.
PLANNING
ITEM # 56027
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council ADOPTED
Ordinances upon application of BECO DEVELOPMENT, L.L.C. for a Conditional Change of Zoning
and Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT,
L.L.c. FOR A CHANGE OF ZONING DISTRiCT CLASSIFICATION
FROM B-2 TO CONDITIONALA-36 Z01071272
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Beco Development, L.L.c. for a Change
of Zoning District Classification from B-2 Community Business District
to Conditional A-36 Apartment District on property located at 6226
Providence Road (GPIN 1456335185). DISTRiCT 1- CENTERVILLE
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.
AND,
ORDINANCE UPON APPLICATION OF BECO DEVELOPMENT,
L.L.c. FOR A CONDITIONAL USE PERMIT FOR SENIOR HOUSING
R01 0 734202
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Beco Development, L.L.c. for a
Conditional Use Permit for senior housing on property located at 6226
Providence Road (GPIN 1456335185). DISTRiCT 1- CENTERVILLE
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-third of January Two
Thousand Seven
January 23, 2007
- 38 -
Item V-M.S.
PLANNING ITEM # 56028
Voting: 9-1 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6487
DATE: January 12, 2007
FROM:
Leslie L. Lilley
n..:U 0
B. Kay Wilson U' '"
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application: Beco Development LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on January 23, 2007. I have reviewed the subject proffer agreement, dated
August 25, 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
further.
BKW/als
Enclosure
cc: Kathleen Hassen
BECO DEVELOPMENT, L.L.C., a Virginia limited liability company
JOHN ZYZAK and ELBERT WATSON, TRUSTEES OF TRINITY TABERNACLE
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia
THIS AGREEMENT, made this 25th day of August, 2006, by and between BECO
DEVELOPMENT, L.L.C., a Virginia limited liability company, party of the first part,
Grantor; JOHN ZYZAK and ELBERT WATSON, TRUSTEES OF TRINI'IY TABERNACLE,
party of the second part, Grantor; and THE CI'IY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, party of the third part, Grantee.
WITNESSETH:
WHEREAS, the party of the second part is the owner of a parcel of property located
in the Centerville District of the City of Virginia Beach, containing a total of approximately
4.0 acres as more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference, which parcel is referred to herein as the "Property"; and
WHEREAS, the party of the first part, as contract purchaser of the Property has
initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia,
by petition addressed to the Grantee so as to change the Zoning Classification of the
Property from B-2 Commercial District to Conditional A-36 Apartment District; 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 governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned are needed to cope with
the situation to which the Grantor's rezoning application gives rise; and
PREPARED BY:
mmSYKES. ~OURDON. GPIN: 1456-33-5185
&1fJ1 \RrRN &. IIV\'. P.c.
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
oning Map, in addition to the regulations provided for the A-36 Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
hysical development, operation, and use of the Property to be adopted as a part of said
mendment to the Zoning Map relative and applicable to the Property, which has a
easonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives,
ssigns, grantee, and other successors in title or interest, voluntarily and without any
equirement by or exaction from the Grantee or its governing body and without any element
f compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
ubdivision approval, hereby make the following declaration of conditions and restrictions
hich shall restrict and govern the physical development, operation, and use of the Property
nd hereby covenants and agrees that this declaration shall constitute covenants running
'th the Property, which shall be binding upon the Property and upon all parties and
ersons claiming under or through the Grantor, its successors, personal representatives,
ssigns, grantee, and other successors in interest or title:
1. When the Property is developed, it shall be substantially in accordance with
he Preliminary Site Plan entitled "COLLEGE SQUARE SENIOR APARTMENTS, 6226
ROVIDENCE ROAD", dated 08/02/06, prepared by Engineering Services, Inc., which has
een exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
epartment of Planning ("Site Plan").
2. When the Property is developed, the residential structures depicted on the
ite Plan shall have the architectural design and utilize the building materials substantially
s depicted and designated on the exhibit entitled "COLLEGE SQUARE SENIOR
ARTMENTS PROVIDENCE ROAD", dated 08/22/06, which has been exhibited to the
irginia Beach City Council and is on file with the Virginia Beach Planning Department
PREPARED BY:
3. When the Property is developed, there will be no more than one hundred
orty-four (144) independent senior housing units provided within the building depicted on
he Site Plan.
~ SYK:fS. MmmON.
m N1ERN &. LM. P.c.
2
4. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
,
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of. the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
I conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
\ these provisions, the Grantor shall petition the governing body for the review thereof prior
PREPARED BY:
m.lD SVKIS. ROURDON. i to instituting proceedings in court; and
~.,. 4lImN & u:vv. P.c.
3
PREPARED BY:
3m SYKIS. ROURDON.
llll AIIIRN & UVY. P.c.
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the name of the Grantor and the Grantee.
4
PREPARED BY:
"'13 SITIS. YOUROON.
mu AAfRN &. LM. P.c.
WITNESS the following signature and seal:
Grantor:
(SEAL)
By:
Title:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 30th day of August,
2006, by Eric G. Olson, Managing Member, of Beco Development, L.L.C., a Virginia limited
liability company, Grantor.
If' -
t. ",Ii /1' "
, l' l / i' /'
I L. -'1,1 /
, J J--yj, (/c/i ;:;;
Notary Public
My Commission Expires: August 31, 2006
5
WITNESS the following signature and seal:
Grantor:
TRUSTEES OF TRINITY TABERNACLE
(SEAL)
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 25th day of August,
, 2006, by John Zyzak, Trustee of Trinity Tabernacle, Grantor.
-A/>,/j; L }/YWIJ4h
Notary Public
My Commission Expires: August 31, 2006
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The
August
foregoing instrument was acknowledged before me this 28th
,2006, by Elbert Watson, Trustee of Trinity Tabernacle, Grantor.
. ,//.
/ if:- I/~I /j
'.... .. ,> j/ ----...,~1 "t I 'Q
A/,. . ~. Y J /1 (~K,/
./ (, Notary Public
day of
My Commission Expires: August 31, 2006
PREPARED BY'
~.(8 SYKES. IlOURDON.
~iI AHrnN &. 1M. p,c.
6
EXHIBIT "A"
ALL THAT certain lot, piece or parcel ofland, lying, situate and being in the City of Virginia
Beach, Virginia, containing 4 acres, as shown on that certain plat (the "Plat") entitled,
"Subdivision of Property for COLEMAN FARMS, INC., Kempsville Borough - Virginia
Beach, Virginia Scale: I" = 100' December, 1976", made by John E. Sirine and Associates,
Ltd., Surveyors & Engineers, Virginia Beach, Virginia; then Plat is intended to be recorded
contemporaneously herewith in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia; said property being more particularly bounded and described with
reference to the Plat as follows:
To ascertain the point of beginning (the "Point of Beginning"), state at the southwest
intersection of (Old) Providence Road and Providence Road; thence N 79036' 39" Walong
the southern line of (Old) Providence Road a distance of 166.28 feet to a point; thence
continuing along said southern line of (Old) Providence Road N 780 45' 31" W a distance of
336.88 feet to a point; thence continuing along said southern line of (Old) Providence Road
N 760 12' 24" W a distance of 183.93 feet to a point; thence continuing along said southern
line of (Old) Providence Road, along a curve to the right having a radius of 500 feet, an arc
distance of 18.24 feet to the Point of Beginning; thence from the Point of Beginning S 160 48'
55" E a distance of 652.39 feet to a point in the northern line of Providence Road; thence
along the northern line of Providence Road, along a curve to the right having a radius of
931.42 feet, an arc distance of 378-40 feet to the property designated as Banbury Lake
Village Section 1 on the Plat; thence the following courses and distances along said Banbury
Lake Village Section 1: N 100 53' 30" W a distance of 80 feet to a point, N 130 14' 48" E a
distance of 147.05 feet to a point, N 03055' 41" W a distance of 130.73 feet to a point, N 870
22' 49" E a distance of 41.44 feet to a point, N 030 53' 41" W a distance of 377.15 feet to a
point, N 250 29' 10" W a distance of 31.65 feet to a point, N 260 16' 59" E a distance of 65.34
feet to a point in said southern line of (Old) Providence Road; thence continuing along said
southern line of (Old) Providence Road S 630 43' 01" E a distance of 36.93 feet to a point;
thence continuing along said southern line of (Old) Providence Road, along a curve to the
left having a radius of 500 feet, an arc distance of 90.75 feet to the Point of Beginning.
GPIN: 1456-33'"5185
ConditionalRezonejBecoDevelopmentjCollegeSquarejProffer2.Clean
Rev.8j3ojo6
PREPARED BY:
· SYk'IS. ROURDON.
"-IIfRN & iM. P.c.
7
- 39 -
Item V-M.6.
PLANNING
ITEM # 56029
Upon motion by Councilman Uhrin, seconded by Councilman Dyer, City Council DEFERRED
INDEFINITELY Ordinance upon application of HICKMAN PLANTATION SHOPPES for a
Conditional Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF HICKMAN PLANTATION
SHOPPES FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-20 TO CONDITIONAL B- AND R-40
Ordinance upon application of Hickman Plantation Shoppes for a
Change of Zoninz District Classification from R-20 Residential District
to Conditional B-2 Community Business District and R-40 Residential
District on property located at the northeast intersection of General
Booth Boulevard and Nimmo Parkway (GPINs 2414170309 - part of;
2414172167; 2414173206; 2414174511; 2414077143). DISTRICT 7-
PRINCESS ANNE
Voting:
10-0 (By Consent)
Council Members Voting Aye:
William R, "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Ron
A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
- 40 -
Item V-M. 7.
PLANNING
ITEM # 56030
Matt Flavey, 2216 Sun vista Drive, Phone: 363-050, represented the Virginia Beach Restaurant
Association and spoke in SUPPORT. Mr. Flavey advised 80% of the alcohol (beer, wine and liquor)
consumed in Virginia is purchased from off-premises licenses such as super markets, and State run
ABC and consumed off-premises In Virginia Beach, there has been a proliferation in the number of
special events to which ABC licenses are issued. There is an ever increasing amount of alcohol being
consumed at these special events, many of which are held on City property.
Andrew Edwards, 800 Seahawk Circle, Phone: 544-1299, owner Chicho 's Crazy Charlie's Live, spoke in
OPPOSITION. Said statement is hereby made a part of the record
Correspondence from Nancy Perry, Executive Director - Virginia Beach Hotel Motel Association, in
SUPPORT of the Ordinance is hereby made a part of the record.
Upon motion by Councilman Uhrin, seconded by Councilman DeSteph, City Council ADOPTED:
Ordinance to AMEND Sections 111,233.1, 701, 901, 1001, 1501, 1511 and
1521 of the City Zoning Ordinance (CZO), defining the terms: "Alcoholic
Beverage" and "Bar or Nightclub," requiring Conditional Use Permits,
ADDING standards for the consideration of applications for Conditional
Use Permits, and ESTABLISHING other regulations pertaining to Bars or
Nightclubs in the H-1, B-2, B-3, B-3A, B-4, B- 4C, B-4K, 1-1, 1-2, RT-1, RT-
2 and RT-3 Zoning Districts.
Voting: 9-1
Council Members Voting Aye:
William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
Ron A. Villanueva
Council Members Absent:
Mayor Meyera E. Oberndorf
January 23, 2007
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
AN ORDINANCE TO AMEND SECTIONS 111, 233.1,
701, 901, 1001, 1501, 1511 AN D 15 21 OF THE
CITY ZONING ORDINANCE, DEFINING THE TERMS
"ALCOHOLIC BEVERAGE" AND "BAR OR NIGHTCLUB,"
REQUIRING CONDITIONAL USE PERMITS FOR BARS
OR NIGHTCLUBS, ADDING STANDARDS FOR THE
CONSIDERATION OF APPLICATIONS FOR
CONDITIONAL USE PERMITS AND ESTABLISHING
OTHER REGULATIONS PERTAINING TO BARS OR
NIGHTCLUBS IN THE H-1, B-2, B-3, B-3A, B-4,
B - 4 C , B - 4 K, 1- 1 , I - 2 , R T -1 , R T - 2 AN D R T - 3
ZONING DISTRICTS
SECTIONS AMENDED : City
Sections 111, 233.1, 701,
1511 and 1521
Zoning Ordinance
901, 1001, 1501,
18
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
19
BEACH, VIRGINIA:
20
That Sections 111, 233.1, 701, 901, 1001, 1501, 1511 and
21 1521 of the City Zoning Ordinance are hereby amended and
22 reordained to read as follows:
23 Sec. 111. Definitions.
24
For the purpose of this ordinance, words used in the
25 present tense shall include the future; words used in the
26 singular number include the plural and the plural the singular;
27 the use of any gender shall be applicable to all genders; the
28 word "shall" is mandatory; the word "may" is permissive; the
29 word "land" includes only the area described as being above mean
30 sea level; and the word "person" includes an individual, a
31 partnership, association, or corporation.
1
32 In addition, the following terms shall be defined as herein
33 indicated:
34
35
Alcoholic beverage. Alcohol, spirits, wine and beer, or any
36 one or more of such varieties containing one-half of one percent
37 (0.5%) or more of alcohol by volume, including mixed alcoholic
38
beverages,
and
every
liquid
or
solid,
patented
or
not,
42
43
Bar or nightclub.
An establishment, including a private
club as defined by this ordinance,
that serves alcoholic
44 beverages at any time between midnight and 6 a.m., except
45 establishments in which the service of alcoholic beverages is
46 incident to a wedding, banquet or similar function not open to
47
the general public,
and in which both of the
following
48 conditions are met:
49
50
51
52
53
S4
55
(1 )
the combined area of the dance floor and any
other standing space exceeds 15% of the public
floor area of the establishment; and
music
other
intended
than
prerecorded
(2)
amplified
background
muslc,
solely
as
an
accompaniment to dining,
midnight and 6 a.m.
lS provided between
2
56
"Public floor area" shall include the entire floor area of
57 an establishment except for rest rooms, offices, storage areas,
kitchen
areas
and
other
areas
in which patrons
do
not
58
59
ordinarily congregate.
"Standing space" shall include the
60 entire public floor area of an establishment except for areas
61 designated for seating or egress. The permits and inspections
62 administrator of the department of planning shall make such
63 determination based upon the floor plan of the establishment in
64 accordance with the provisions of the International Building
65
Code.
Once such a determination has been made, the standing
66 space of an establishment shall not be increased so as to be in
67 excess of fifteen (15) per cent of the public floor area except
68 in accordance with Section 233.1 (a) (5) of this ordinance.
69
70
Eating and drinking establishment or
restaurant.
A
71 commercial establishment where food, beverages and meals are
72 served and consumed, including any areas set aside for their
73 storage or preparation, but not including bars or nightclubs.
Sec. 233.1.
Eating
and
drinking
cl3tablil3hmontl3
l30rving
74
75
76
alcoholic bevcragco Bars or nightclubs.
~ Requirements.
In addition to general requirements,
77 bars or nightclubs co.ting o.nd drinking coto.bli8hmcnt8 ',;hich
78 oer~e o.lcoholic be~ero.geo, 0.8 defined in 8ection 1 2 of the Code
3
79 of Virgini;l, for on premi8eo conoumption ;lnd ',;hich ;lre loc;lted
80 ',;i thin five hundred (500) feet of ;lny reoidenti;ll or ;lp;lrtment
81 di8trict or h;lve on oite p;lrking ~ithin three hundred (300) feet
82 of ;lny re8identi;l1 or ;lp;lrtment di8trict, or ',;hich ;lre loc;lted
83 in the RT 1L or ~ithin the RT 2 or RT 3 Re80rt Touri8t Di8trict,
84 shall be subj ect to the following requirements, which shall be
85 deemed to be conditions of the conditional use permit:
86 +a+ ill Category VI landscaping shall be installed along any
87
88
89
90
91
92
93
lot line adjoining a residential or apartment district
without an intervening street, alley or body or water
greater than fifty (50) feet in width. The fencing
element of such landscaping shall not be less than six
(6) feet nor more than eight (8) feet in height and
shall be free from graffiti. Landscaping and fencing
shall be maintained in good condition at all times~;
94 +6+(2) The operation of such establishments shall not disturb
95
96
97
98
99
100
101
102
the tranquility of residential areas or other areas in
close proximity or otherwise
interfere with the
reasonable use and enj oyment of neighboring property
by reason of excessive noise,
traffic,
overflow
parking and litter.
Noise from any establishment
located wi thin
five
hundred
(500)
feet
of
any
residential or apartment district or use or hotel
shall not be audible from outside the building in
4
103
104
105
106
107
which such establishment 1S located or, where such
establishments are located in a freestanding building,
from any location not on the same lot, except when
exits are opened to allow patrons, employees or other
persons to exit;
108 +e+ (3) Operators of such establishments shall not allow
109
110
111
112
113
114
115
116
117
loitering or congregations of individuals in the
parking
lot
or
other
exterior
portions
of
the
premises, except for areas in which the consumption of
alcoholic beverages is specifically permitted by the
terms
of
the
establishment's
Alcoholic
Beverage
Control license, and shall keep all entrance and exit
doors closed at all times of operation, except when
patrons,
employees or other persons are actually
entering or exiting the establishment~;
118 +at (4) Such establishments shall be required to implement any
119
120
121
122
123
124
125
126
other reasonable measures the city council deems
necessary or appropriate to minimize noise or other
potential adverse effects upon neighboring rcoidcnti~l
areas; and
(5) No increase in the combined area of the dance floor
and any other standing space shall be allowed without
the approval of the City Council if, after such
increase, the combined area of the dance floor and
5
127
128
129
other standing space exceeds fifteen (15) per cent of
the total floor area of the establishment.
Violations. A violation of any of the aforesaid
(b)
130 requirements shall be grounds for revocation of the conditional
131 use permit in accordance with the provisions of Section 221 (h) ;
132 provided, however, that where a bar or nightclub has not
133 previously been found to be in violation of the conditional use
134 permit, the Zoning Administrator shall give notice of the
135 violation to the property owner or operator of the establishment
136 alleged to be in violation of the conditional use permit and
137 allow a reasonable time for the violation to be corrected or
138 remedied prior to the institution of proceedings to revoke the
condi tional use permit
under Section 221 (h) .
Any finding by
139
140 the Zoning Administrator that a bar or nightclub is in violation
141 of the conditional use permit may be appealed to the Board of
142 Zoning Appeals in accordance with Section 106.
(c) Accessory uses.
Bars or nightclubs shall not be
143
144 allowed as an accessory use in any zoning district.
(d)
Expansions, etc. Notwithstanding any other provision
145
146 of this ordinance, no conditional use permit or resolution
pursuant
to
Section
105 (d)
shall
be
required
for
the
147
148 enlargement, extension, reconstruction or structural alteration
149 of a bar or nightclub lawfully In existence as of [date of
150 adoption of amendments], provided that:
6
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
(1)
it has not previously been found to be in
violation
of
the
conditional
use
permit
authorizing it, if any;
(2) the net occupant load of the bar or nightclub is
not increased as a result of the enlargement,
extension,
reconstruction
or
structural
alteration;
(3) the bar or nightclub has not been expanded or
extended since [date of adoption of amendments];
and
(4) except with respect to structural alterations or
reconstructions not resulting in an increase in
occupant load, such bar or nightclub is not located
within an Accident Potential Zone (APZ).
It shall be a condition of any enlargement, extension,
166 reconstruction or structural alteration pursuant to this section
167 that the bar or nightclub shall thereafter be subject to the
168 standards and conditions set forth in Subsection (a) hereof.
169
Any
enlargement,
extension,
reconstruction
or
structural
170 alteration of a bar or nightclub not meeting the criteria set
171 forth herein may be allowed by the City Council in accordance
172 with Section 105 (d) or by conditional use permit, as the case
173
may be.
In the event any such standard or condition is found by
174 the City Council to have been violated, it may revoke the
7
175 permission to enlarge, extend, reconstruct or structurally alter
176
the establishment.
Any enlargement, extension, reconstruction
177 or structural alteration of a bar or nightclub not meeting the
178 criteria set forth herein may be allowed by the City Council in
179 accordance with Section 105(d) or by conditional use permit, as
180 the case may be.
181 Sec. 701. Use regulations [Hotel District].
182
(a)
Principal and conditional uses. The following chart
183 lists those uses permitted wi thin the H-l Hotel District. Those
184 uses and structures in the district shall be permitted as either
185 principal uses indicated by a "P" or as conditional uses
186 indicated by a "C." Uses and structures indicated by an "X"
187 shall be prohibited in the district. No uses or structures other
188 than as specified shall be permitted.
189
Use
H-]
190
191
192
193
194
195
196
197
Bars or nightclubs, subject
to the provisions of
subsection (b) (1)
C
(b) Accessory uses and structures. Uses and structures
198 which are customarily accessory and clearly incidental and
199 subordinate to principal uses and structures, including but not
2 00 limited to:
8
201
202
203
204
205
206
207
208
209
210
211
212
213
214
215
216
(1) Within the H-1 Hotel District, establishments for sale
of gifts,
clothing,
drugs,
photographic supplies,
newspapers,
and magazines
and convenlence
goods,
eating and drinking establishments and professional
and personal service establishments; provided that
such uses are accessory to hotels having fifty (50) or
more dwelling or lodging units for sale or for rent;
and provided further, that all such establishments
shall be designed and scaled only to meet the
requirements
of occupants
and their guests;
and
provided also that there shall be no evidence of the
existence of such establishments from outside the
property line; and provided finally that the floor
area occupied by such establishments shall not exceed
twenty (20) percent of the floor area of the hotel or
motel.
217 Sec. 901. Use regulations [Business districts].
218
(a)
Principal and condi tional uses.
The following chart
219 lists those uses permitted within the B-1 through B-4e Business
220 Districts. Those uses and structures in the respective business
221 districts shall be permitted as either principal uses indicated
222 by a "P" or as conditional uses indicated by a "e." Uses and
223 structures indicated by an "X" shall be prohibited ln the
9
224 respective districts. No uses or structures other than as
225 specified shall be permitted.
Use
Bars or nightclubs
Eating and drinking
establishments without
drive-through windows,
when not freestanding
and incorporated
inside a mixed use
building, except as
otherwise specified in
this section
Eating and drinking
establishments with
drive-through windows,
except as specified
below
B-1
x
x
x
B-
1A
x
x
x
B-2
B-
3
c
x
p
B-3A
c
c
p
B-
4
B-4C
B-
4K
c
p
p
x
p
x
c
c
x
Eating and drinking
establishments without
drive-through windows, P P P P X P X X
except as specified
below
E.:1ting .:1nd drinking
c:Jt.:1bli:Jhmcnto ',;hcrc * * G G G G G
.:111 thrcc of thc G
f ollo',i'ing occur:
1. }'.lcoholic
bCJcr.:1gc:J .:1rc :Jccv'cd;
2 . Thc c:Jt.:1bli:Jhmcnt
i:J loc.:1tcd ',,'i thin fi'v'c
hundrcd (500) fcct of
.:1 rC:Jidcnti.:11 or
10
X
p
X
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
~p~rtment di8tricti 3.
The e8t~bliDhment
excludeD per8on8 on
the b.J.8i8 of .J.ge
during ~ny p~rt of the
d~y or provideD
entert~inment ~udible
from ~n .J.djoining
property.
(a1) Outdoor cafes and outdoor plazas ~n the B-3A Pembroke
Central Business Core District.
(a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke
Central Business Core District.
(a) Notwithstanding any contrary provision of this
ordinance, outdoor cafes within the B-3A Pembroke
Central Business Core District shall not occupy more
than one thousand (1,000) square feet of area outside
of an enclosed building.
(b) Notwithstanding any contrary provision of this
subsection, outdoor plazas within the B-3A Pembroke
Central Business Core District shall be subject to the
following criteria:
(1) Outdoor plazas should be located at the
entrance to major buildings and other appropriate
areas to provide safe, attractive and accessible
public urban open spaces for those who live, work
11
244
245
246
247
248
249
250
and visit the area. The size and configuration of
outdoor plazas and attendant amenities shall be
reviewed by the Planning Director to ensure
conformance
with
these
and
other
related
objectives as set forth in the Comprehensive Plan
and Pembroke Central Business District Master
Plan; and
251
252
253
(2)
The architectural design shall conform to
the purpose and intent of the Central Business
District Master Plan.
254
(b)
Accessory uses and structures.
Uses and structures
255 which are customarily accessory and clearly incidental and
256 subordinate to the principal uses and structures, including, but
257 not limited to:
258
259
260
261
262
263
264
265
266
(1) An accessory acti vi ty operated for profit in a
residential dwelling unit where there lS no
change In the outside appearance of the building
or premises or any visible or audible evidence
detectable from outside the building lot, either
permanently or intermittently, of the conduct of
such
business
except
for
one
nonilluminated
identification sign not more than one square foot
in area mounted flat against the residence; where
12
267
268
269
270
271
272
273
274
275
276
277
278
279
280
281
282
283
284
285
286
287
288
289
290
no traffic lS generated, including traffic by
commercial delivery vehicles, by such activity In
greater volumes than would normally be expected
in the neighborhood, and any need for parking
generated by the conduct of such activity lS met
off the street and other than in a required front
yard; where the activity is conducted on the
premises which is the bona fide residence of the
principal practitioner, and no person other than
members of the immediate family occupying such
dwelling unit is employed in the activity; where
such activity is conducted only in the principal
structure on the lot; where there are no sales to
the general public of products or merchandise
from
the
home;
and
where
the
activity
is
specifically designed or conducted to permit no
more than one patron, customer, or pupil to be
present on the premises at anyone time. The
following
are
specifically
prohibited
as
accessory activities:
Convalescent
or nursing
homes, bars or nightclubs, tourist homes, massage
or tattoo parlors, radio or television repair
shops,
auto
repair
shops,
or
similar
establishments.
13
291
(c)
Special restrictions ~n Accident Potential Zone 1
292
(APZ-l) .
No use or structure shall be permitted on any property
293 located within Accident Potential Zone 1 (APZ-l) unless such use
294
is designated as
compatible
in APZ-l
in Table 2
( "Ai r
295 Installations Compatible Use Zones Land Use Compatibility in
296 Accident Potential Zones") of section 1804; provided, however,
297 that any use or structure not designated as compatible shall be
298 permitted as a replacement of the same use or structure if the
299 replacement use or structure is of equal or lesser density or
300 intensity than the original use or structure.
301 Sec. 1001. Use regulations [Industrial Districts].
302 (a) Principal and conditional uses. The following chart lists
303
those uses permitted wi thin the
I-I
and
1-2
Industrial
304
Districts.
Those
uses
and
structures
in
the
respective
305 industrial districts shall be permitted as either principal uses
306 indicated by a "P" or as conditional uses indicated by a "C."
307 Uses and structures indicated by an "X" shall be prohibited In
308 the respective districts. No uses or structures other than as
309 specified shall be permitted.
310
Use
I-l
I-2
311
Bars or nightclubs
C
C
312
313
314
315
316
Eating and drinking establishments, except .:lD
Dpecified belm:
P
P
14
317
318
319
320
321
322
323
324
325
326
327
328
329
330
E.J.ting .J.nd drinking e::;t.J.b1i::;hment::; ',;here .J.ll
three of the follo~ing occur:
1. ~lcoholic bever.J.ge::; .J.re
::;er;ed;
2. The eDt.J.bli::;hment i::; loc.J.ted ~ithin five
hundred (500) feet of .J. re::;identi.J.l or
.J.p.J.rtment di::;trict;
3. The eDt.J.bli::;hment excludeD perDon::; on the
b.J.::;i::; of .J.ge during .J.ny p.J.rt of the
d.J.Y, or provide::; entert.J.inment .J.udible
from .J.djoining property.
G
G
331 Sec. 1501. Use regulations [RT-1 District].
332 (a) The following chart lists those uses permitted within
333 the RT-1 Resort Tourist District as either principal uses, as
334 indicated by a "P" or as conditional uses, as indicated by a
335 "e." eondi tional uses shall be subj ect to the provisions of Part
336 e of Article 2 (section 220 et seq.). No uses or structures
337 other than those specified shall be permitted. All uses, whether
338 principal or conditional, should to the greatest extent possible
339 adhere to the provisions of the Oceanfront Resort Area Design
340 Guidelines.
341
Use
RT-
1
Bars or nightclubs, except as specified below
Bars or nightclubs operated in conj unction with
motels
x
hotels or
e
15
342
343
KJ.ting ond drinking c8tobli8hmcnt8, 'dhcthcr or
in conj unction ',;i th 0 hotcl or motcl, ,;hcrc
follo',:ing occur: (i) olcoholic bc;crogc8 orc
(ii) thc c8tobli8hmcnt cxcludc8 pcr8on8 on thc
during on) port of thc doy
not opcrotcd
both of thc
8crvcd; ond G
b08i8 of ogc
(b)
Structures enclosing uses permitted in conjunction
344 with hotels and motels shall be subject to the following
345 requirements:
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
(1 )
Such structures shall be located entirely wi thin
and shall be fully enclosed at all times by solid
exterior walls and roof with no exterior opening,
other than passageway doors as may be required by
the Virginia Uniform Statewide Building Code;
(2) Except
with
boardwalk
cafes
as
respect
to
permitted by franchise agreements approved by the
city council, no entrance or exit to the use
shall be located on the side of any structure
facing the boardwalk, unless such entrance or
exit
courtyard
or
provides
to
a
access
intervening open area, in which case such open
area shall be fully fenced or walled to a height
of at least four
feet and without any
(4 )
entrances or exits facing the boardwalk; and
16
361
362
363
364
365
366
(3)
Parking
structures
shall
be
permitted
in
conj unction with hotels and motels provided that
any ground level parking within the structure
fronting on Atlantic Avenue, the boardwalk, or
any public park or open space is prohibited
except for necessary access drives and ramps.
367
(c)
Proposed conditional uses shall be evaluated for
368 consistency with the following criteria regarding general land
369 use, transportation, and aesthetic provisions in order to further
370 the legislative intent of the RT-1 District and the goals of the
371 Comprehensive Plan and Oceanfront Resort Area Plan:
372
373
374
(1) Any development or redevelopment in this area
should contribute
to
creating
an
attractive
wholesome family resort destination;
375
376
377
(2) The use should be consistent with the resort area
goal to promote a safe, day and night, year round
resort destination;
378
379
380
(3) The use and structure should complement resort
activity centers and corridors and advance the
area's public and private investments;
381
382
383
(4) All development and other physical improvements,
such as landscaping, signs, lighting, and other
similar elements should strive to achieve a high
17
384
385
386
387
388
389
390
level of design excellence and contribute to a
quality image as expressed In the Oceanfront
Resort Area Design Guidelines;
(5) All
transportation
improvements
should
be
designed to shift the dominant transportation
mode in the area from vehicular to pedestrian and
transit; and
391
392
(6) The use should be appropriate for both local
residents and visitors to the area.
393 Sec. 1511. Use regulations [RT-2 District] .
394 (a) The following chart lists those uses permitted within
395 the RT-2 Resort Tourist District as either principal uses, as
396 indicated by a "P," or as conditional uses, as indicated by a
397 "C." Conditional uses shall be subj ect to the provisions of Part
398 C of Article 2 (section 220 et seq.). Buildings within the RT-2
399 District may include any principal or conditional uses in
400 combination with any other principal or conditional uses. No
401
uses
or
structures
other than those
specified shall be
402 permitted. All uses, whether principal or conditional, should to
403 the greatest extent possible adhere to the provlslons of the
404 Oceanfront Resort Area Design Guidelines.
405
18
406
407
Use
RT-
2
Bars or nightclubs
Eating and drinking establishments, cxccpt .J.8 8pccificd
bclo',;
E.J.ting .J.nd drinking c8t.J.bli8hmcnt8 ',Jhcrc both of
follo',;ing occur: (i) l\lcoholic bC7cr.J.gc8 .J.rc 8ce/cd;
(ii) Thc c8t.J.bli8hmcnt cxcludc8 pcr8on8 on thc b.J.8i8 of
during .J.ny p.J.rt of thc d.J.Y
c
p
thc
.J.nd
G
.J.gc
(b)
Accessory uses and structures: Uses and structures
408 which are customarily accessory and clearly incidental and
409 subordinate to the principal uses and structures; provided,
410 however, that drive-through facilities shall not be permitted:
411
412
413
414
415
416
417
418
419
420
421
422
(1) An accessory acti vi ty operated for profit in a
residential dwelling unit where there is no
change ln the outside appearance of the building
or premises or any visible or audible evidence
detectable from outside the building lot, either
permanently or intermittently, of the conduct of
such business except for one (1) nonilluminated
identification sign not more than one (1) square
foot in area mounted flat against the residence;
where no traffic is generated, including traffic
by commercial delivery vehicles, by such activity
ln
greater
volumes
be
than
would
normally
19
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
expected in the neighborhood, and any need for
parking generated by the conduct of such activity
is met off the street and other than in a
required front
yard;
where the activity lS
conducted on the premises which is the bona fide
residence of the principal practitioner, and no
person other than members of the immediate family
occupying such dwelling unit is employed in the
acti vi ty; where such acti vi ty is conducted only
in the principal structure on the lot; where
there are no sales to the general public of
products or merchandise from the home; and where
the
activity
is
specifically
designed
or
conducted to permit no more than one (1) patron,
customer, or pupil to be present on the premises
at
any
one
(1)
time.
The
following
are
specifically prohibited as accessory activities:
Convalescent
or
nursing
homes,
bars
or
nightclubs,
tourist homes,
massage or tattoo
parlors, body piercing establishments, radio or
television repair shops, auto repair shops, or
similar establishments.
(c)
Proposed conditional uses shall be evaluated for
446 consistency with the following criteria regarding general land
20
447
use,
transportation,
and aesthetic provisions in order to
448 further the legislative intent of the RT-2 District and the
449 goals of the Comprehensive Plan and Oceanfront Resort Area Plan:
450
451
452
(1) Any development or redevelopment in this area
should
contribute
to
creating
an
attractive
wholesome family resort destination;
453
454
455
(2)
The use should be consistent with the resort area
goal to promote a safe, day and night, year round
resort destination;
456
457
458
(3)
The use and structure should complement resort
activity centers and corridors and advance the
area's public and private investments;
459
460
461
462
463
464
(4) All development and other physical improvements,
such as landscaping, slgns, lighting, and other
similar elements should strive to achieve a high
level of design excellence and contribute to a
quality image as expressed ln the Oceanfront
Resort Area Design Guidelines;
465
466
467
468
(5) All
transportation
improvements
should
be
designed to shift the dominant transportation
mode in the area from vehicular to pedestrian and
transit; and
21
469
(6) The use should be appropriate for both local
470
residents and visitors to the area.
471 Sec. 1521. Use regulations [RT-3 District].
472 (a) The following chart lists those uses permitted wi thin
473 the RT-3 Resort Tourist District as either principal uses, as
474 indicated by a "P" or as conditional uses, as indicated by a
475 "e." eondi tional uses shall be subj ect to the provisions of Part
476 e of Article 2 (section 220 et seq.). Except for single-family,
477 duplex, semidetached and attached dwellings, buildings within
478 the RT-3 District may include any principal or conditional uses
479 in combination with any other principal or conditional use. No
480 uses or structure s other than those specified shall be
481 permitted. All uses, whether principal or conditional, should to
482 the greatest extent possible adhere to the provisions of the
483 Oceanfront Resort Area Design Guidelines.
484
Use
RT-
3
Bars or nightclubs
Eating and drinking establishments, except ~8 opecified
belo',; P
E~ting ~nd drinking e8t~bli8hment8 ',;here both of
follmJing occur: (i) L'\lcoholic bCJer~ge8 ~re 8cr7ed;
(ii) The e8t~bli8hment exclude8 per8on8 on the b~8i8 of
during ~ny p~rt of the d~y
e
the
~nd
G
~ge
22
485
486
(b) Accessory uses and structures
Uses and structures
487 which are customarily accessory and clearly incidental and
488 subordinate to the principal uses and structures; provided,
489 however, that drive-through facilities shall not be permitted as
490 an accessory use:
491
492
493
494
495
496
497
498
499
500
501
502
503
504
505
506
507
508
(1) An accessory acti vi ty operated for profit ln a
residential dwelling unit where there is no
change in the outside appearance of the building
or premises or any visible or audible evidence
detectable from outside the building lot , either
permanently or intermittently, of the conduct of
such business except for one (1) nonilluminated
identification sign not more than one (1) square
foot in area mounted flat again against the
residence;
where
no
traffic
is
generated,
delivery
including
traffic
by
commercial
vehicles, by such activity in greater volumes
than
would
normally
be
expected
ln
the
neighborhood, and any need for parking generated
by the conduct of such acti vi ty is met off the
street and other than in a required front yard;
where the acti vi ty is conducted on the premises
which is the bona fide residence of the principal
23
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
practitioner, and no person other than members of
the immediate family occupying such dwelling unit
is employed in the activity; where such activity
is conducted only in the principal structure on
the lot; where there are no sales to the general
public of products or merchandise from the home;
and where the acti vi ty lS specifically designed
or conducted to permit no more than one
(1)
patron, customer, or pupil to be present on the
premises at anyone time. The following are
specifically prohibited as accessory activities:
Convalescent
or
nursing
homes,
bars
or
nightclubs,
tourist homes,
massage or tattoo
parlors, body piercing establishments, radio or
television repalr shops, auto repair shops, or
similar establishments.
525
(c)
Proposed conditional uses
shall be evaluated for
526 consistency with the following criteria regarding general land
527
use,
transportation,
and aesthetic provisions in order to
528 further the legislative intent of the RT-3 District and the
529 goals of the Comprehensive Plan and Oceanfront Resort Area Plan:
24
530
531
532
(1) Any development or redevelopment in this area
should contribute
to
creating
an
attractive
wholesome family resort destination;
533
534
535
536
537
538
539
540
541
542
543
544
(2)
The use should be consistent with the resort area
goal to promote a safe, day and night, year round
resort destination;
(3) The use and structure should complement resort
activity centers and corridors and advance the
area's public and private investments;
(4) All development and other physical improvements,
such as landscaping, signs, lighting, and other
similar elements should strive to achieve a high
level of design excellence and contribute to a
quality image as expressed in the Oceanfront
Resort Area Design Guidelines;
545
546
547
548
549
(7) All
transportation
improvements
should
be
designed to shift the dominant transportation
mode in the area from vehicular to pedestrian and
transit; and
(8 )
The use should be appropriate for both local
550 residents and visitors to the area.
551 Adopted by the City Council of the City of Virginia Beach,
552 Virginia, this 23rd day of January, 2007.
25
- 41 -
Item V.N.l.
APPOINTMENTS
ITEM # 56031
BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS::
COMMUNITY SERVICES BOARD - CSB
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE
HUMAN RIGHTS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
January 23, 2007
- 42-
Item V.N.2.
APPOINTMENTS
ITEM # 56032
Upon motion by Council Lady McClanan, City Council APPOINTED:
Mayor Meyera E. Oberndorf, Chair
John Parker - Commercial Owner
Joe Ferrara - Residential
OCEAN A LAND USE CONFORMITY PLAN COMMITTEE
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and John E. Uhrin
January 23, 2007
- 43 -
Item V.N.3.
APPOINTMENTS
ITEM # 56033
Upon motion by Council Lady McClanan, City Council APPOINTED:
Nils S. Bahringer
Unexpired term thru 09/30/2009
Barbara M. Wolcott
Unexpired term thru 09/30/2008
Ronald C. Ripley
Unexpired term thru 09/30/2007
plus 5 years thru 09/30/2012
Jeffrey L. Marks
Alternate
Unexpired thru 09/30/2009
WETLANDS BOARD
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Ron A. Villanueva,
Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and John E. Uhrin
January 23, 2007
- 44-
Item v.P.I.
NEW BUSINESS
ITEM # 56034
Council Lady Henley referenced complaints concerning behavioral problems at the Verizon Wireless
Virginia Beach Amphitheater and requested an Informal Briefing.
The City Manager shall schedule a Briefingfor afuture City Council Session.
ITEM # 56035
Councilman Villanueva referenced the City Manager's correspondence dated January 23, 2007, re
Legislation referencing Transportation in Virginia. Several Bills were introduced last week dealing with
transportation. The main being two (2) Senate Bills, SB 1415 and SB 1417 and House Bill HB 3202.
Copies are hereby made a part of the record.
Councilman Villanueva inquired whether this included the provision of Bifurcated Tax Rate.
The City Manager advised he believed this concept was included in one of the other pieces of legislation
not directly related to transportation.
Council Lady Henley referenced the local Transportation Fee Authority whereby a locality must adopt all
the fees or none at all. If the legislation passes and the taxes are levied, are the funds only utilized for
regional projects? Would these fees not affect in-city Virginia Department of Transportation (VDOT)
projects?
The City Manager advised the majority of the Bills are targeted toward major regional projects and do
not address the ongoing transportation requirements within the jurisdictions in terms of the urban
allocation funds. Senator Stolle believes these Bills would be revised. Senator Stolle has offered to place
a conference call with the City Council and the City Manager advised this could be arranged within the
next week.
January 23, 2007
- 45 -
Item V-Q.
ADJOURNMENT
ITEM # 56036
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 7:25 P.M.
_:1~_.t2_~":'&
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
Cif::f::::::5;;t
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 23, 2007