HomeMy WebLinkAboutJULY 10, 2007 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bays/de - District 4
WILLIAM 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 D/strlct 6
RON A. VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE. (757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES FRASER, MMC
10 JULY 2007
I.
CITY COUNCIL BRIEFINGS
- Conference Room -
1 :00 PM
A. HR T UNIVERSAL SHUTTLE
Michael Townes, President and CEO, Hampton Roads Transit
Gene Cavasos, Director of Marketing, Hampton Roads Transit
B. SANDLER (Performing Arts) CENTER
Patricia Phillips, Director - Finance
Dorothy L. Wood, Chair, Performing Arts Committee
Lynwood Branch, President, Virginia Beach Performing Arts Center Foundation
II. CITY MANAGER BRIEFINGS
A. WORKFORCE HOUSING PROGRAM
Andrew Friedman, Director - Housing and Neighborhood Preservation
Bill Macali, Deputy City Attorney
B. LEROY DRIVE MASTER PLAN
David L. Hansen, Chief of Finance and Technology
III. CITY COUNCIL LIAISON REPORTS
III. CITY COUNCIL COMMENTS
IV. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend Jim Hundley
Pastor, Salem United Methodist 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
June 26, 2007
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
2. LEASE OF CITY PROPERTY - 2293 Lynnhaven Parkway
Tidewater Regional Group Home Commission (TRGHC)
I. PUBLIC BRIEFING
1. TOWN CENTER PHASE III and Property Exchange
Alexander Stiles, Associate City Attorney
J. CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND Chapter 2, Article XVI of the City Code, AMEND 92-382 and
REPEAL 92-387 re anachronisms in the composition of the Planning Department.
2. Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property
at 2293 Lynnhaven Parkway for the term of one (1) year with Tidewater Regional
Group Home Commission (TRGHC), to be used as residential housing for juvenile
offenders through a transitional living program.
3. Ordinance to ACCEPT a dedication of property from the Lynnhaven-Little Neck Civic
League, Inc., at 586 North Lynnhaven Road and AUTHORIZE the City Manager to
execute all related documents.
4. Ordinance to ACCEPT and APPROPRIATE $300,000 from the Virginia Beach
Performing Arts Center Foundation to the Sandler Center for the Performing Arts at
Virginia Beach project re a free-standing sign.
5. Resolution to AUTHORIZE the City Manager to execute a renewed and restated Operating
agreement with the Virginia Beach Performing Arts Center Foundation, Inc.
6. Resolution to AUTHORIZE and DIRECT the City Manager to initiate a process to receive
bids for the lease of Lynnhaven City Marina.
7. Resolution to RECEIVE the recommendations of the Employee Benefits Review Task
Force for consideration and EXTEND the term of the Task Force.
8. Resolution to ESTABLISH the Transportation Authority Committee re a systematic
review of the implementation of the provisions of the Hampton Roads Transportation
Authority Act.
L. PLANNING
1. Variance to S4.4(d) of the Subdivision Ordinance that requires all newly created lots meet
the requirements of the City Zoning Ordinance (CZO) as related to lot width for V AN
GIANG at 972 Whitehurst Landing Road re the creation of a flag lot designed for a
single-family dwelling.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
2. Application of CAVALIER GOLF & YACHT CLUB for a Conditional Use Permit re
a golf club agronomy facility at Kamichi Court.
DISTRICT 5 - L YNNHA VEN
DEFERRED
RECOMMENDATION
June 26, 2007
APPROVAL
3. Application ofB'NAI ISRAEL for a Conditional Use Permit (approved by City Council
on May 29, 1990, and superseded for a church on March 2, 2005) at 620 Baker Road re a
commercial recreation facility (bingo hall).
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
4. Application of SHORE DRIVE P ARASAILING, INC., for a Conditional Use Permit at
3311 Shore Drive re an outdoor recreational facility (parasailing).
DISTRICT 5 - L YNNHA VEN
RECOMMENDATION
APPROV AL
5. Applications at 1763 Princess Anne Road:
DISTRICT 7 - PRINCESS ANNE
a. HAC PROPERTIES for a Modification of Proffer No 3 to allow low speed motor
vehicle sales, and future retail establishments, laboratories for the production and
repair of eye glasses, hearing aids and prosthetic devices (approved on June 22, 2004)
b. NORMA DIANE PAYNE HEWIT t/a ARGO OF TIDEWATER for a
Conditional Use Permit re sale of low speed vehicles
DEFERRED
RECOMMENDATION
June 26, 2007
APPROV AL
6. Application of BROWN BUILDING CORPORATION for a Modification of Proffers
for a conditional rezoning request (approved by City Council on July 13, 1993, and
modified on June 13,2000, November 14,2000, and February 11,2003) at 4847 Dolton
Drive to allow a childcare facility.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION
APPROV AL
7. Application of AGC ACQUISITION, L.L.C. for a Chanze ofZoninz District
Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District at
1291 Nimmo Parkway re a retail building and 99 multi-family dwellings.
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION
APPROVAL
M. APPOINTMENTS
BOARD OF ZONING APPEALS
COMMUNITY MEDICAL ADVISORY COMMISSION
DEVELOPMENT AUTHORITY (VBDA)
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
REVIEW AND ALLOCATION COMMITTEE - COG
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
CITYWIDE TOWN MEETINGS
September 18
Time and Location to be Announced
FY 2008-2010 Budget
November 20
Green Run Homeowners Association Building -7:15 pm
SwrmwarerPfunsandFundmg
CITY COUNCIL SUMMER SCHEDULE
August 7
Cancelled
August 14
August 21
Briefings, Informal, Formal, including Planning items
Briefings, Informal, Formal
August 28
Briefings, Informal, Formal, including Planning items
*********
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 385-4303
Hearing impaired, call: Virginia Relay Center at
1-800-828-1120
* * * * * * * * * * *
Agenda 07/02/2007mb
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 10, 2007
Mayor Meyera E. Oberndorf called to order the City Council Briefing re HRT UNIVERSAL SHUTTLE
in the City Council Conference Room, City Hall, on Tuesday, July 10,2007, at 1:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, 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 Absent:
Robert M Dyer
[Absent due to Illness)
July 10, 2007
- 2 -
CITY COUNCIL BRIEFING
HRT UNIVERSAL SHUTTLE
1:00 P.M.
ITEM # 56590
Mayor Oberndorf advised that on Friday, July 6, 2007, Governor Kaine dedicated this Shuttle bus in
Portsmouth to a "loop" system.
Michael Townes, President and Chief Executive Officer - Hampton Roads Transit, reminded City
Council on Sunday, July 15, 2007, an event entitled "Thinking beyond the Station, Creating Great
Places around Transit", directed by reconnecting America (a think tank on transit limited and
sustainable development) will be held at Waterside (11 :30 A.M - 4:30 P.M). At 12:30 P.M, a Panel
discussion will be conducted. Mr. Townes expressed appreciation to Council Lady Henley, as she will be
one of the presenters on this Panel. Mr. Townes referenced the concept of the Universal Shuttle, which
will benefi all the partners of Hampton Roads Transit (HRT). Mr. Townes introduced Gene Cavasos,
Director of Marketing, and recognized David Sullivan - Vice President, Technology, Hampton Roads
Transit.
Mr. Cavasos advised HRT currently operates several shuttle systems throughout Hampton Roads:
Virginia Beach Wave
Norfolk NET
Portsmouth Loop (currently on order)
Newport News Shuttle
Currently there are thirty-two (32) VB Wave trolleys: sixteen (16) Oceanfront and sixteen (16) divided
between the Aquarium Marine Science Museum and the Shoppers Express. These are medium duty
vehicles with an average age of twelve and one-half years (spanning in age between eight (8) to twenty-
three (23) years). However, their life expectancy is seven (7) years. The Norfolk NET is a medium duty
battery bus and is comprised of eight (8)( pushing nine (9) years old) with also a life expectancy of seven
(7) years. The Portsmouth Loop is a hybrid bus, twenty-nine (29)-foot low floor, with a twelve (12) year
life expectancy. Very similar are the two (2) Newport News Shuttle clean diesel buses which are
approximately one (1) year old and have a twelve (12) year life expectancy.
The Challenges
Four (4) separate services
Four (4) separate types of vehicles
Four (4) separate identities
Four (4) disconnected shuttle services
Oftheforty-four (44) vehicles,forty (40) have exceeded their life expectancy. The Virginia Beach Trolley
has been a charming novelty to the Virginia Beach oceanfront for years. The Oceanfront is constantly
improving its look and architecture. With these changes, the "Old World" charm of the trolley is ready
to make way for a more modern, efficient and environmentally friendly, stylish mode of transportation.
HRT wished to present the opportunity of the Universal Shuttle (modern Hybrid bus, twenty-nine (29)-
foot low floor with a unique color scheme separate from the HRT fleet, while still allowing each of the
individual Shuttle systems to have their own identity. The system would also be accompanied with
signage, as well as printing to make all aware of its identity as a shuttle service.
July 10,2007
- 3 -
CITY COUNCIL BRIEFING
HRT UNIVERSAL SHUTTLE
ITEM # 56590 (Continued)
Mr. Cavasos stressed the benefits:
Modern universal design
Unique individual identification
Enhanced services
Low floor buses
Wheelchair accessible
Bike racks on entire fleet
Ease of use throughout the region
Cost Savings
$2-MILLION capital savings by reducing the overall size of the fleet
$40,000 savings per facility in additional training
Cost savings in route schedule printing, route signs and regional
participation in marketing campaigns
Up to $125,000 savings in parts inventory
Lower maintenance and repair costs
$5-MILLION is available in Federal Grant funds. These funds, coupled with the $6.1-MILLION State-
wide Grant available for the replacement of the NET buses, plus Portsmouth has an additional $2-
MILLION in SEMAC grants that will purchase the two (2) Hybrid buses for their service, totals $13.1
MILLION available which basically gives HRT the ability to replace up to twenty jour (24) Hybrid
buses.
Summary
Lower overall costs
Regional service improvement and support
Universal design
Maintain individual identity
Streamline enhanced services
Federal grant participation
HRT will be responsible for future replacement of all shuttles.
Council Lady McClanan is concerned re Virginia Beach maintaining their identity and expressed concern
re advertising on buses and "tinted" windows. Virginia Beach has more at stake being the largest
municipality in the Region. Mr. Townes advised HRT is comprised of seventeen (17) members. Virginia
Beach has two (2) votes. Council Lady McClanan understands the trolleys have to be replaced, but many
feel this trolley type vehicle has a lot of history and tradition. Council Lady McClanan requested
specific costs be enumerated re reducing present HRT fleets.
Mr. . Cavasos noted Virginia Beach has slightly over $800,000 to replace the trolleys which will not have
to be expended as HRTwill be able to use $5-MILLlON of the federal grant funds.
July 10, 2007
- 4 -
CITY COUNCIL BRIEFING
HRT UNIVERSAL SHUTTLE
ITEM # 56590 (Continued)
Council Members Uhrin and Wood represent the City as Members of the Hampton Roads Transportation
Commission. Council Member Uhrin expressed appreciation to President Townes and Mr. Cavasos for
notification of funding re replacement of an aged trolley fleet. The trolleys are not an acceptable form of
transportation for moving Convention attendees. This acceptance relates to interior comfort and level
boarding of this shuttle. As this is universal shuttle system, HRT has assured there will be opportunities
in the future to pull from other localities, if necessary, to run additional routing in the Resort Area.
Councilman Wood advised fuel savings are very important. HRT does not pay a tax on its fuel. The
Virginia Beach Hotel/Motel Association and the Resort Advisory Commission have endorsed the concept
of the Universal Shuttle.
President Townes hopes Virginia Beach would leave the $800,000 (for replacement in the trolleys) in the
budget, allowing for the purchase of the twenty-four (24) hybrid buses, rather than twenty-two (22).
When the service is regionalized, HRT assumes the responsibility re replacement of the vehicles. These
vehicles will have no exterior advertisements, only interior.
Councilman Uhrin believes a small portion of these funds is being considered for the utilization of
symbolic oversized surf boards on the top of the Shuttle for the Sixteen (16) Oceanfront Shuttles only.
Uniqueness is desired.
Relative the $10-MILLION the General Assembly allocated for the Bus Rapid Transit, Mr. Townes
advised HRT has worked closely with the City of Virginia Beach staff. These funds have been
reprogrammed and are available to the City for the acquisition of the right-of-way.
Relative the $800,000, Councilman Wood believes it is important to enhance services. Typically issues
arise concerning the handi-ride and transit connections. Councilman Villanueva concurred and
referenced the need for bus shelters.
A Resolution to ENDORSE participation with the Hampton Roads Transportation District Commission
(HRTDC) re upgrade and replacement of the VB Wave Trolleys shall be SCHEDULED for the City
Council Session of July 17, 2007.
July 10, 2007
- 5 -
CITY COUNCIL BRIEFING
SANDLER (Performing Arts) CENTER
2:00 P.M.
ITEM # 56591
Patricia Phillips, Director of Finance, advised the members of the Virginia Beach Center for the
Performing Arts Foundation will be in attendance to provide information relative the Theater. In 2001,
the idea for a Performing Arts Center Theatre was first conceived. The project was initiated with $35-
MILIaN from the major project funding stream (hotel/meal and cigarette tax increases implemented). An
additional $11. 7-MILLION was to be raised by other sources primarily through the private sector. Mrs.
Phillips advised the Project Status:
November 2004: Design-Build Team chosen using the (PPEA) Public Private
Education Facilities and Infrastructure Act of 2002
May 2005:
Groundbreaking
November 2007: Grand Opening
Mrs. Phillips introduced Linwood Branch, IlL President, and Dorothy Wood, Vice President - Virginia
Beach Center for the Performing Arts Center Foundation as well as Emily Spruill, Director of Cultural
Affairs, City of Virginia Beach.
Dorothy Wood advised a Resolution establishing Virginia Beach Performing Arts Theatre Advisory
Committee was ADOPTED by City Council on February 4, 2003. Mrs. Wood expressed appreciation to
Emily Spruill for her dedicated service, her efficiency and organizational abilities. Mrs. Wood
introduced with pride, Linwood Branch, President - Virginia Beach Center for the Performing Arts
Foundation.
Mr. Branch referenced the success of the Virginia Beach Center for the Performing Arts Foundation:
Foundation formed in Spring 2005 and granted 501 (c) 3 non-profit status
Memorandum of Understanding between City and Foundation approved in July 2005
$5-MILLION lead gift receivedfrom the Sandler Family September 1,2005
$l-MILLION giftfrom Jerry Miller to name Studio Theatre/Rehearsal Hall
Numerous six-figure gifts: particularly noteworthy from Armada Hoffler, The
Virginian-Pilot, Wayne and Cheryl McClesky, Gail Levine Higgs, William E. Wood
and Family and Julia Riddle.
Total gifts to date: $13.1-MILLION
Capital Campaign reaches initial goal- five (5) months before opening
Foundation to fund additional capital expenses - Plaza Marquee
Embark on "Act Two" Endowment Campaign
Extension of Memorandum of Understanding between the City and Foundation
July 10, 2007
- 6 -
CITY COUNCIL BRIEFING
SANDLER (Performing Arts) CENTER
ITEM # 56591 (Continued)
Mr. Branch advised the loan originally granted by City Council and the public artwork for the Center
will be repaid.
Mr. Branch referenced the Ordinances scheduledfor the Formal Session:
Ordinance to ACCEPT and APPROPRIATE $300,000 from the Virginia Beach
Performing Arts Center Foundation to the Sandler Center for the Performing Arts at
Virginia Beach project re afree-standing sign.
Resolution to A UTHORIZE the City Manager to execute a renewed and restated
Operating Agreement with the Virginia Beach Performing Arts Center Foundation, Inc.
Mr. Branch recognized Mayor Oberndorf and Councilman Wood as Liaisons for the Sandler Center for
the Performing Arts:
Virginia Beach Center for the Performing Arts Foundation
Directors
Linwood O. Branch, III - President
Dorothy 1. Wood - Vice President
John A. Tilhou - Secretary
Thomas A. Rucker - Treasurer
Kenneth V. Geroe
William W. Harrison, Jr.
Glen A. Huff
Arthur B. Sandler
Steven B. Sandler
Steering Committee
David M. Brashear
Nancy A. Creech
Ann K Crenshaw
Nancy DeFord
Gerald S. Divaris
Michael B. Divaris
Thomas R. Frantz
Louis S. Haddad
Aubrey Layne, Jr.
1na Levy
Barbara H. Lewis
Frederick J. Napolitano
Richard E. Oliveri
Vincent R. Oliveri
David Pasko
Joyce Strelitz
July 10, 2007
- 7 -
CITY COUNCIL BRIEFING
SANDLER (Performing Arts) CENTER
ITEM # 56591 (Continued)
Bill Goggins, Project Manager - Clancy & Theys Construction Company, referenced the Construction
update:
Wave ceiling completed
Theatre seats to be installed in July
Building is closed-in, running Air Condition
Theatre rigging in place
Lobby area stone being installed
Plaza and streetscape taking shape
Patricia Phillips introduced Doug Higgons, Regional Vice President - Global Spectrum, who advised
the on-site marketing professional will commence Monday, July 16, 2007. This professional will be
dedicated specifically to the facilities. Mr. Higgons advised Mark Kline, Regional Marketing Director -
Global Spectrum will detail the marketing concept
Mr. Kline advised the Marketing Objectives:
Sell tickets to performances
Present the venue to the Hampton Roads as a superior entertainment experience for all
generations
Establish Center in the headlines throughout the calendar year
Create and brand www.sandlercenter.org
Implement a variety of grassroots marketing campaigns aimed at stretching marketing
dollars further and encouraging word-of-mouth communication
Utilize resources from associated entities including the Constant Center and Virginia
Arts Festival
The Grand Opening month lineup, 2007-008 Season Schedule and launch of newly-interactive
www.sandlercenter.orz will be on August 2, 2007. Media coverage will solicited. Hard hat ours will be
conducted in preparation of this event.
Public Relations
Coordination and execution of a series of media events designed at creating community
and media awareness
Media specific tours
Celebrity/VIP Visits
Community Relations - speaking engagements
Community Open House
Dedication and Ribbon Cutting Ceremony
Installation of Significant Building Pieces
Countdown to Grand Opening Month
Confirmation of Booked Events
July 10, 2007
- 8 -
CITY COUNCIL BRIEFING
SANDLER (Performing Arts) CENTER
ITEM # 56591 (Continued)
Mr. Kline advised a Virginia Beach graphic designer has been hired. Several publications are being
created:
1-16 page Grand Opening and Season Announcement Brochure
Press Packets
Bill Stuffer for Virginia Natural Gas
Educational Tri-Fold Brochure
Sales Promotion Material
Advertising "Shells"
Mr. Kline introduced Robert Cross, Executive Director - Virginia Arts Festival. The Arts Festival was
privileged to enter into a partnership with Global Spectrum for the programming of the Sandler Center
for the Performing Arts. The last year has been expended negotiating with artists.
Educational performances and outreach to occur from September - March of a given
events season
Student matinees, lecture/demonstrations, workshops, master classes, et cetera
Exploring partnership with the Virginia Beach City Public Schools: Discussion with John
H Brewington, Fine Arts Coordinator.
Robert Cross and Mark Kline advised the box office is controlled. The funds will not be released to the
artists until the event occurs. All of the funds will be held in escrow in a separate account.
Mrs. Phillips advised Coming Attractions:
August 2007: Announce Grand Opening Performances
Summer/Fall 2007: Conduct Community Campaign
Summer 2007: Execute Operating Agreement
Summer/Fall 2007: Continue with hard hat tours
Month of November 2007: Grand Opening events
November 1,2007: Dedication Ceremony
November 3, 2007: Opening Performance
November 16, 2007: Opening Gala Performance
July 10, 2007
- 9-
CITY MANA GER 'SBRIEFING
WORKFORCE HOUSING PROGRAM
2:30 P.M
ITEM # 56592
Andrew Friedman, Director -Housing and Neighborhood Preservation, recognized members in
attendance:
Ron Ripley
(Godfather of Workforce Housing)
Council Lady Rosemary Wilson
(initiated the Workforce Housing Program concept approximately three (3) years ago)
Deputy City Attorney William Macali
(development of all Ordinances)
Sharon Prescott
(leading program development)
Mary Kay Horoszewski
Executive Director, Virginia Beach Community Development Corporation.
Mary Kay Nottingham
Housing and Neighborhood Preservation
Mr. Friedman also acknowledged all members associated with the development of this program:
. Workforce Housing Program Subcommittee of Planning Commission:
Ron Ripley, Council Lady Rosemary Wilson, Joe Strange, Phil Shucet, Hank Boyd,
Steve Lawson, Tim McCarthy, Mary Kay Horoszewski, Dan Brockwell, John Olivieri,
Iva Nash, Frank McKinney, Dan Baxter, Chandler Scarborough, Bob Scott, Karen
Lasley, Andrew Friedman, Sharon Prescott, Deputy City Attorney Bill Macali
. Workforce Housing Roundtable:
Andrew Friedman, Angela James, Bob Horan, Chris Fanney, Christina Lowrie,
Claudia Cotton, Dotty Acampora, Frank McKinney, Frank Spadea, George Horey,
Greg Dragas, Jessica Guglielmo, Jim Pendergast, John Olivieri, Lou Paulson, Mary
Kay Horoszewski, Matthew Weinstein, Pat Roll, Paul Peck, Peter Schmidt, Rob
Rauschenberg, Ron Ripley, Rosemary Wilson, Sharon Shoff, Sharon Prescott, Steve
Lawson, Teresa Stanley, Tim McCarthy, Toni Ostrowski, Wayne Crosby
. Workforce Housing Development Team:
Andrew Friedman, Bill Macali, Charles Hassen, Karen Lasley, Rob Rauschenberg,
Ron Ripley, Stephen White, Mary Kay Horoszewski
Representatives from every aspect of the housing industry, the Council of Civic Organizations and
Habitat for Humanity encompassing the broadest spectrum of the Community have participated in the
development of this program.
July 10, 2007
- 10-
CITY MANA GER 'SBRIEFING
WORKFORCE HOUSING PROGRAM
ITEM # 56592 (Continued)
- Planning Commission formed the Workforce Housing (WFH)
Subcommittee
. November 2006 - Planning Commission briefed on WFH Report
. January 2007 - City Council briefed
. February 27, 2007 - City Council directs staff to develop ordinance and Comp Plan
amendment
- ~15.2-2305 of State Code amended at City's request
- City Council referred ordinance and Comp Plan amendment
- Planning Commission voted to approve ordinance and amendment
- Council briefed on program
- Public Comment and Review Program Ordinance
- Council vote on entire package
. May 2006
. March 2007
. June 5, 2007
. June 13, 2007
. July 10, 2007
. August 14, 2007
. August 28, 2007
Mr. Friedman advised the Worliforce Housing Reportfrom the Planning Commission concerned a vision
of development in Strategic Growth Areas with a higher density, mixed use and mixed income The
philosophy entails Worliforce Housing is desirable in the City. Process to achieve it - our proposals today
Workforce Housing What and Where?
. Workforce housing:
Serves households with incomes between $36,000 and $76,000 (adjusted annually)
Is part of new development when voluntarily offered by developer
Is decent, safe and appropriate
Is of comparable quality and design to the market rate units with which it is built
Is built only where Council approves
. Can be any type of housing unit
. Is actually sold or rented to a qualified buyer or renter with compliance restrictions
. Meets all required quality and design guidelines and is indistinguishable from market rate
units
. Is physically integrated in developments
What Workforce Housing Is Not!
. Not a government subsidy program
. Not a subsidy provided by developers
. Not a windfall or giveaway for developers or buyers
. Not mandatory for developers
. Does not place price controls on housing
What Workforce Housing Is!
. Provides for discounts through the use of increased density
. Is optional for developers
. Provides increased profit in proportion to project size
. Provides an entry-price discount for buyers but does not give away the discount
. Controls the price to buyers but not the actual sale or purchase price
Workforce Housing is needed to expand the range of affordability of the new housing being built in
Virginia Beach now and in the future as well as address the changes in the market that have made
housing much less affordable to many prospective home owners.
July la, 2007
- 11 -
CITY MANA GER 'SBRIEFING
WORKFORCE HOUSING PROGRAM
ITEM # 56592 (Continued)
% Change in Housing Sale Prices
100%
90%
80%
70%
60%
50%
40%
30%
20%
10%
0%
Jan '04
-+- N/C % Chg
_ Resale % ehg
Jan'05
Jan'06
Dee '06
May '07
. $ 532,673 - Average sale price of a new house in May, 2007 here.
. $348,652 - Average sale price of an existing house in May, 2007.
. $230,396 - Maximum affordable sales price for afamily of three in our proposed program for
Workforce Housing.
July 10, 2007
- 12 -
CITY MANA GER 'SBRIEFING
WORKFORCE HOUSING PROGRAM
ITEM # 56592 Continued
Housing Available for Moderate-Income
First Time Homebuyers & Projected
Demand (income $20,000 to$40(000)
# Households Amount they Total #
Seeking Housing, Can Afford Estimated In City
through 2010 Today
4,800 (a) $70 to 1,300 (b)
$100,000
$100,000 to 11,700 (c)
$125,000
(a) Virginia Tech Study, 2004,Table 4;
(b) Real Estate Assessor's report, 2007, p8: 1% of housing assessed under
$100,000
(e) Real Estate Assessor's report, 2007, p8: 9% of housing units assessed l4
under $150,00
The Workforce Housing Program insures through proffers:
. Quality housing affordable to the target group and integrated into new development that will
be built
. It will be sold to those who are eligible and need it
. Its affordability will be maintained over time.
The Workforce Housing Program will increase the City's ability to provide high-quality; affordable
housing and preserve affordability and increase opportunities for people who work in the City to also live
in the City. Economic Development can market available opportunities for relocating companies and
their employees. The Worliforce Housing Program requires no new City funding. Reassigned City staff
will manage the program. The Workforce Housing Advisory Board provides ongoing input. There is no
direct City involvement in property ownership or sale.
The Workforce Housing Program amends the Comprehensive Plan to define the need for Worliforce
Housing, identifies appropriate locations, and specifies design criteria. The Zoning Ordinance
establishes a new WFH Overlay District, similar to the PD-H2 District, limited to areas of the City where
increased density is appropriate, including Strategic Growth Areas. The Workforce Housing Program is
not for use in areas within the AICUZfootprint. The Worliforce Housing Program requires City Council's
rezoning action
Bonus Density Applied to 100 Base Units = 130 Total Units
Workforce Housing Program Key Points
. Developer Application Process
Incorporated in regular development review
Collaboration with DHNP and Planning
Accomplished through rezoning process
City Council approval required
July 10,2007
- 13 -
C IT Y MANA G E R 'S B R IE FIN G
WORKFORCE HOUSING PROGRAM
ITEM # 56592 (Continued)
325% Workforce Housing Discount applied to $240,000 market-priced unit
Buyer Eligibility
Live or Work or Will be working in Virginia Beach
Cannot already own real estate
Annual gross income between 80% and 120% of Area Median Income
Net worth cannot exceed 50% ofWFH sales price
Buyer Requirements
-- Meet eligibility requirements
-- Find desired house and sign contract with developer
-- Secure own financing
Soft 2nd Mortgage
Equals WFH Discount
Program retains proportionate share of unit's net appreciation to preserve affordability
Repayment due at resale or transfer
Mr. Friedman advised the Workforce Housing unit's affordability is preserved through a Second Lien.
Resale of Workforce Housing Unit
City has 1st option to purchase
City offers fair market value
If City decides not to purchase, owner may sell to general public
City recaptures soft 2nd mortgage plus a share of net appreciation
July 10, 2007
- 14 -
CITY MANA GER 'SBRIE FING
WORKFORCE HOUSING PROGRAM
ITEM # 56592 (Continued)
Rental Program
Serves households between 60% and 90% of Area Median Income (AMI)
Rental Development Compliance
Developer's application process is same
Maximum Rent Amounts
- Must be affordable to households between 60% and 90% of Area Median Income (AMI)
***Developments with elevators can go up to 100% of Area Median Income (AMI)
Established by Department of Housing and Neighborhood Preservation
Reevaluated on annual basis
Owner must enter regulatory agreement with City
The Workforce Housing Advisory Board will consist of ten (10) members with composition defined by
Virginia State Code and appointed by City Council. Their role will encompass advising the City on sales
and rental prices, requests for modifications to program and reporting annually to City Council on
program's progress. The Designated agent will handle the majority of the program operation. The fee to
buyers will pay costs for a designated agent. The City does not take title to properties. The buyers find
units and obtain their own financing. One re-assigned position will coordinate this Worliforce Housing
Program with developers and planning and monitor program operations - including developer
agreements, designated agent operation, liens and etcetera. The Workforce Housing Program is
supported by Empower Hampton Roads, Tidewater Builders Association and the Virginia Beach
Education Association. Other organizations and individuals endorsements are pending official
confirmation.
Mr. Friedman will discuss later this year the Workforce Housing Report entitled "Phase Two" -
Neighborhood Preservation. With 163,000 units, this is a critical issue to the City.
Deputy City Attorney Bill Macali advised the City Zoning Ordinance and Comprehensive Plan revisions
were presented to the Planning Commission, which recommended approval and these will be scheduled
for a City Council Formal Session.
. Establishes a new Workforce Housing Overlay District
· Similar to PD-H2 Districts
Underlying Zoning District classification remains, but overlay is added on top of
underlying zoning.
· e.g., B-4 property becomes B-4 (WF)
Rezoning to Workforce Housing Overlay District is done on application by a
developer/property owner (not like other overlay districts in the City)
The Workforce Housing (WFH) Overlay District will be limited to those areas of the
City in which increased density is appropriate, including Strategic Growth Areas:
. Especially appropriate in mixed-use districts (B-4, B-4C & B-4K)
Not in areas within AICUZfootprint (65-70 dB DNL Noise Zone and above) or in R-10
through R-40 Residential Districts
July 10, 2007
- 15 -
C IT Y MANA G E R 'S B R IE FIN G
WORKFORCE HOUSING PROGRAM
ITEM # 56592 (Continued)
· Purpose:
Provide incentives for development of high-quality, affordable housing for households
in certain income brackets
. 80-120% Area Median Income (AMI) to purchase
. 60-90% Area Median Income (AMI) to rent
Ensure that Workforce Housing will be well-designed, of high quality and well-
integrated into overall development
Findings:
rising prices have made it impossible for many people to buy a new home or to rent
without undue financial burden;
diversity in housing will preserve quality of City's neighborhoods;
WFH is not inferior and will not adversely affect property values
Land Use Plan:
. Development in Workforce Housing Overlay District must conform to approved land use plan
. Where land use plan conflicts with regulations of the underlying zoning district, the land use
plan controls (same as PD-H2)
Uses allowed in Workforce Housing (WFH) Overlay District are the same as those in the
underlying zoning district, except that all dwelling types are allowed where the underlying
zoning district is residential
Land Use Plan must contain (among other things):
- Architectural elevations, including building materials and colors;
- Detailed description of the differences between the WFH units and market price units,.
- Affordability Statement (number of WFH units affordable by each income level- 80%
AMI, 90% AMI, etc)
Green development features
Typical things required in LUPs, e.g., layout, parking, open space, etc.
· Bonus density:
30% increase in residential dwelling unit density allowed in underlying zoning district
if:
. at least 17% of total number of dwelling units are Workforce Housing (if 30%
bonus density, number of WFH units may be reduced proportionally)
. Workforce Housing (WFH) units are integrated in the development
Workforce Housing (WFH) units are built at same time as other units
. Workforce Housing (WFH) units must conform to the Workforce Housing
Design Criteria and any other applicable design standards in the
Comprehensive Plan, including:
July 10, 2007
- 16 -
C IT Y MANA G E R 'S B R IE FIN G
WORKFORCE HOUSING PROGRAM
ITEM # 56592 (Continued)
· Same building materials and finish, and be effectively indistinguishable from non-workforce
housing units of the same housing type
· Comparable in bedroom mix, design and overall quality of construction to the market rate
units in the development, except that WFH units are not be required to exceed three (3)
bedrooms per unit
· Square footage and interior features are not required to be the same as other dwelling units in
the development units, so long as WFH units are reasonably similar in size and quality and are
consistent with the current building standards for new housing in the City of Virginia Beach
Mr. Friedman advised several compliance features have been built into the Worliforce Housing Program.
The recorded deed for the discount gives a lot more control than the normal house. The deed will have
the requirements that the owner who purchased the facility occupy it. The deed can be called, if there is
repeated failure to occupy the facility as an owner/occupant. The City will have the power with the deed
on the house to control its occupancy.
Deputy City Attorney Macali advised any modification to the number of Workforce Housing (WFH)
units, location, design features or affordability level has to be approved by City Council.
Concerning the transfer on the resale of the Workforce Housing unit, Council Lady Wilson stressed
the importance of the documentation containing the language that "first right of refusal will be to the
City or an assignee''y.
July 10,2007
- 17 -
C IT Y MANA G E R 'S B R IE FIN G
LEROY DRIVE MASTER PLAN
3:30 P.M.
ITEM # 56593
David L. Hansen, Chief of Finance and Technology, referenced the previous report to City Council on
May 1, 2007, re Facility and Space Assessments. On May First, Mr. Hansen presented results of Self-
Assessments; highlighted results of validation inspections; prioritized "most needed" TOP Thirteen (13)
facility lifecycle replacements; and, committed to present Leroy Drive Master Plan:
#1: Animal Control and K-9
#4: Fire Shop
#8: Special Ops/Evidence/Forensics Complex
Top 13
Replace Animal Control and K.9 Unit at Leroy Drive
2. Replace City Wide Programs Office
3. Relocate Resort Maintenance Compound away from 14th Street
4. Construct Large Vehicle Garage at Leroy Drive (formerly Fire Shop)
5. Replace Euclid Yard Buildings
6. Replace EMS Administration BuildinglTreasurer's Beach Branch
7. Replace Thalia Fire Station
8. Construct Special OpsIEvidenceIForensics Complex at Leroy Drive
9. Replace paR Landscape ServicesI Parks Construction Facilities
10. Replace Chesapeake Beach Fire Station
11. Replace Police 4th Precinct
12. Replace PW/Highways Modular Buildings at Landstown
13. Replace Blackwater Fire Station
Facilities at Leroy Drive
110,000+ square/eet
. City Garages - City Fleet Maintenance
· Police
· Helipad
Animal Control
. Special Operations
· K-9
· Impound Lot
Records Management Warehouse
Voting Machine Storage Warehouse
Storage Warehouses
. School Transportation Offices
July 10, 2007
- 18 -
CITY MANA GER 'S BRIEFING
LEROY DRIVE MASTER PLAN
ITEM # 56593 (Continued)
Wetlands
90 acres
Buildable
Leroy
Drive
Areas
34 acres
Mr. Hansen reiterated the Leroy Drive Scorecard:
Positives
+ Location & Size
+ Ownership
+ Privacy
+ Safety Distances
+ FAA Approval
Negatives
-- Aging buildings
-- Type of Construction
-- Mission requirements
-- Security
-- Environmental
Mr. Hansen detailed the three (3) options:
Option 1 - Leave As Is
· Saves the City budgetary expense
Continued deterioration offacilities and worliforce environments
· Impacts ability to provide effective services
· React to emergency situations
Option 2 - Relocate, clean up and sell the site
Costs - 2006 Estimate:
~ Cost is estimated @ $16. 65-MILLION to relocate, not including School offices or land
purchase.
~ Ifwe relocate, sell at a "good" price and do not have to buy land, our net cost is
estimated to be $12. 15-MILLION*
$16.65-MILLION (construct/lease) - $5-MILLION (sale price) + $.5-MILLION (clean up)
*This does not factor in possible problems concerningfuel storage issues, ability to host a
heliport, determined parameters of environmental cleanup... assumes best case scenario.
July 10, 2007
- 19 -
C IT Y MANA G E R 'S B R IE FIN G
LEROY DRIVE MASTER PLAN
ITEM # 56593 (Continued)
Option 2 - Relocate, clean up and sell the site
Costs - 2006 Estimate (Continued)
$7.8-MILLION - Garage
$2. 8-MILLION- Animal Control/K-9
$1.2-MILLION - Helicopter Hangars & Pad
$1. 7-MILLION- Special Ops (w/o Forensics & Evidence)
$2.5-MILLION - Storage
$75K - Equipment Shelters
$500+K - Environmental Cleanup
A verage Relocation Construction Cost:
Total Relocation Cost Estimate:
$103 /square foot
$16. 65-MILLION
Option 3 - Revitalization
Revitalize, replace, and expandfacilities in a planned and incremental
manner which is affordable and ensures mission continuity to meet the
public's expectations and/or provide support to government activities.
Phase I
- Helicopter Hanger
-Funded@ $400,000 -7 Completion Feb '08
* Phase 11-
Animal Control/K-9
-Unfunded - Estimated @ 52.8M -720 Months
*TOP
-11. * Phase 111-
Large Vehicle Shop
-Unfunded - Estimated@ $1.8M ~ 9 Months
*Phase IV - Spec.Ops/Forensics/Evidence
-Unfunded - Estimated@ 53. 8M -720 Months
Phase V-Spec. Ops Storage/Utility Improvement @Leroy Drive
-Unfunded - Estimated@ $530,000 -76 Months
K-9 Office
Current: 744 square feet (1984 - modular)
Provosed: 2400 square feet
Spec. Ops/F orensics/Evidence
(18,000 square feet footprint w/14, 000 on 2ndfloor)
Special Operations
Current: 3000 square feet (1994 -Modular)
Proposed: 12,000 square feet
Forensics
Current: 4200 square feet (1977)
Proposed: 10,000 square feet
Evidence
Current: 3000 square feet (Building 11)
Pro osed: 10,000 s uare eet
Spec. Ops Storage! Utilities Upgrades
Special Operations GaraQe
Current: 3000 square feet (Shelter)
Proposed: 12,000 square feet
Heliport Addition
Current: 3220 square feet (1977)
Proposed: Addition of 6000 square feet
July 10, 2007
- 20-
C IT Y MANA G E R 'S B R IE FIN G
LEROY DRIVE MASTER PLAN
ITEM # 56593 (Continued)
Recommendations (supports Option 3 - Revitalization
. Complete Helicopter shop expansion (Ph I)
. Commit FY07 Year Endfunds, if available, to replace K-9 and Animal Control facilities (Ph II)
. Program Large Vehicle Shop replacement into FY09 CIP (Ph III)
Program Spec Ops/Forensics/Evidence complex into FYI I CIP (Ph IV)
Phases VI through X will be discussed at afuture City Council Session
Phase VI-Relocation of Print Shop Operations
-Unfunded - Estimated @ $I.8M -732 Months
Phase VII - Establish Digital Records Center
- Unfunded - Estimated @ $1.6M -7 16 Months
Phase VIII - City Garage Revitalization
-Unfunded - Estimated@ $10.4M -7 48 Months
Phase IX-Warehousing Repair and Upgrades
- Unfunded - Estimated @ $3.6M -7 12 Months
Phase X-Future Office/Administration Buildings
-Un unded - Estimated TBD -7 TBD
July 10, 2007
- 21 -
C IT Y MANA G E R 'S B R IE FIN G
LEROY DRIVE MASTER PLAN
ITEM # 56593 (Continued)
Mr. Hansen advised there will be future briefings to City Council re facilities and space needs of the Top
13
What's Next
Continue briefings to Council on facilities and space needs of TOP 13
~ Parks and Recreation - Citywide Services (# 2)
~ Public Works and Parks and Recreation jointfacilities -14th Street (#3)
and Euclid Yard (#5)
~ EMS (#4)facilities, Fire (#7, #10, #13), Police (#11)
July 10, 2007
I I I
- 22-
CITY COUNCIL LIAISON REPORTS
4:30 P.M.
ITEM # 56594
Mayor Oberndorf advised Leadership Hampton Roads honored the City Council with a beautiful
sculpture. All of the City Councils who voted to become part of the Hampton Roads Transportation
Authority were recognized.
July 10, 2007
- 23 -
CITY COUNCIL COMMENTS
4:31 PM.
ITEM # 56595
Council Lady Henley referenced concerns re Cape Henry Towers and the issue of the swimming pool.
The City Attorney advised meeting with Mrs. Nonie Story, President - Cape Henry Condo Association
and Skip Scanlon, Director of Environmental Health, as well as Councilman Wood relative this issue. The
City Attorney's office has reviewed a Variance procedure. The City Code (re swimming pools) entails
whether or not a lifeguard is available at all times during operation of the pool. The staff must be
assured any amendment does no impair safety in any manner throughout the City.
An Ordinance to AMEND Chapter 34 of the City Code re requirement for lifeguards at "public"
swimming pools to provide a variance for condominium pools and DEFINE pools by "Type" shall be
scheduled for the City Council Session of July 17, 2007.
ITEM # 56596
Mayor Oberndorf, Council Members Villanueva, and McClanan, referenced citizen complaints
concerning the cancellation of the July Fourthfireworks at the Resort Area.
Mayor Oberndorf advised Bobby Melatti - Beach Events, (during the concert) explained to the attendees
the barge containing the fireworks undertook 6joot seas attempting to navigate around Cape Henry. The
pilot felt the sea was too unsafe. There was a public announcement on the radio that the fireworks had
been cancelled.
Charles Meyer, Chief Operating Officer, advised that after discussions with Bobby Melatti and
Convention and Visitors Bureau staff, the decision was made not to reschedule the Fireworks. As the
Fourth of July occurred on a Wednesday, it did not make sense to attempt to reschedule for a Thursday.
Had the Fourth occurred on a Thursday or Friday, it could have been moved to a weekend day. Thefunds
allocated will be utilized for the fireworks throughout the remainder of the Summer.
Councilman Wood referenced complaints of illegal fireworks throughout the neighborhood. Fairly
elaborate shows were conducted by individuals in Various neighborhoods.
ITEM # 56597
Mayor Oberndorf referenced on July 17, 2007, lunch will be provided in the Economic Development
Conference Room at Noon, followed by a bus tour, commencing at 1:00 P.M, of the Strategic Growth
Areas.
The City Council will return to the Municipal Center by 3:30 P.M to conduct the Informal Session of City
Council.
Councilman Diezel will be unable to attend as during the morning and afternoon of July Seventeenth, he
is sponsoring a Charity Event for a friend critically ill in the hospital.
July 10,2007
- 24-
AGE N DA REV I E W S E S S ION
4:47 P.M.
ITEM # 56598
K. 7. Resolution to RECEIVE the recommendations of the Employee Benefits
Review Task Forcefor consideration and EXTEND the term of the Task
Force
Councilman Diezel referenced concern that the City of Virginia Beach is the only City providing
supplemental funds for dependents. Every city in the area is providing supplemental at a percentage,
some, even higher than Virginia Beach. This Resolution is only to RECEIVE the recommendations, not
to implement them.
Councilman DeSteph believes the vote should be separate re receiving the recommendations and
expanding and extending the term of the Task Force.
Councilman Villanueva referenced the City Council Retreat (August 3 and 4, 2007) and requested the
three (3) main target areas encompass: Employee Benefits, Transportation and Economic Development.
Councilman Villanueva suggested City Council could meet with the employees in a series of Town Hall
Meetings re their issue after the Retreat.
ITEM # 56599
BY CONSENSUS, the following shall compose the CONSENT AGENDA
K. ORDINANCES/RESOLUTIONS
I. Ordinance to AMEND Chapter 2, Article XVI of the City Code, AMEND 92-382 and REPEAL
92-387 re anachronisms in the composition of the Planning Department.
2. Ordinance to A UTHORIZE the City Manager to execute a lease of City-owned property at 2293
Lynnhaven Parkway for the term of one (1) year with Tidewater Regional Group Home
Commission (TRGHC), to be used as residential housingfor juvenile offenders through a
transitional living program.
3. Ordinance to ACCEPT a dedication of property from the Lynnhaven-Little Neck Civic League,
Inc., at 586 North Lynnhaven Road and AUTHORIZE the City Manager to execute all related
documents.
4. Ordinance to ACCEPT and APPROPRIATE $300,000 from the Virginia Beach Performing
Arts Center Foundation to the Sandler Center for the Performing Arts at Virginia Beach
project re afree-standing sign.
5. Resolution to A UTHORIZE the City Manager to execute a renewed and restated Operating
Agreement with the Virginia Beach Performing Arts Center Foundation, Inc.
6. Resolution to AUTHORIZE and DIRECT the City Manager to initiate a process to receive bids
for the lease of Lynnhaven City Marina.
July 10, 2007
II I
- 25 -
AGENDA RE VIE W SESSION
ITEM # 56599 (Continued)
7. Resolution to RECEIVE the recommendations of the Employee Benefits Review Task Force for
consideration and EXTEND the term of the Task Force.
8. Resolution to ESTABLISH the Transportation Authority Committee re a systematic review of
the implementation of the provisions of the Hampton Roads Transportation Authority Act.
Item K.2 and K.8. will be DEFERRED INDEFINITELY, BY CONSENT.
Item 7 will be REMOVED FROM THE AGENDA, SUBJECT TO BE DISCUSSED AT COUNCIL
RETREAT
July 10, 2007
- 26-
AGE N DA REV IE W S E S S ION
ITEM # 56600
BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA
L. PLANNING
1. Variance to 94.4(d) of the Subdivision Ordinance that requires all newly created
lots meet the requirements of the City Zoning Ordinance (CZO) as related to lot
width for VAN GIANG at 972 Whitehurst Landing Road re the creation of a
flag lot designedfor a single-family dwelling.
DISTRICT 2 - KEMPSVILLE
3. Application of B'NAI ISRAEL for a Conditional Use Permit (approved by City
Council on May 29, 1990, and supersededfor a church on March 2,2005) at 620
Baker Road re a commercial recreation facility (bingo hall).
DISTRICT 2 - KEMPSVILLE
4. Application of SHORE DRIVE PARASAILING, INC.,for a Conditional Use
Permit at 3311 Shore Drive re an outdoor recreational facility (parasailing).
DISTRICT 5 - LYNNHA VEN
6. Application of BROWN BUILDING CORPORATION for a Modification of
Proffers for a conditional rezoning request (approved by City Council on July
13, 1993, and modified on June 13, 2000, November 14, 2000, and February 11,
2003) at 4847 Dolton Drive to allow a child care facility.
DISTRICT 2 - KEMPSVILLE
7. Application of AGC ACQUISITION, L.L.C.for a Change of Zoning District
Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use
District at 1291 Nimmo Parkway re a retail building and 99 multi-family
dwellings.
DISTRICT 7 - PRINCESS ANNE
Item 3 (B'NAI ISRAEL) shall be DEFERRED INDEFINITELY, BY CONSENT
Item 7 (AGC ACQUISITON, L.L.C.) shall be DEFERRED INDEFINITELY, BY CONSENT
July 10, 2007
- 27-
ITEM # 56601
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 of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
Council Appointments: Boards, Commissions, Committees,
Authorities and Agencies
Annual Evaluation of Council Appointees
PUBLICLY-HELD PROPERTY: Discussion or consideration of the,
acquisition, or of the disposition of publicly-held property, where
discussion in an open meeting would adversely affect the bargaining
position or negotiating strategy of the public body pursuant to Section
2.2-3711 (A)(3).
Acquisition/Disposition of Property: APZ-1 Properties
Laskin Road Gateway Property Acquisition.
Upon motion by Council Lady Wilson, seconded by Vice Mayor Jones, City Council voted to proceed
into CLOSED SESSION (5:22 P.M.).
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel
Robert M Dyer
[Absent due to Illness)
(Closed Session: 5:22 P.M. - 5:40 P.M.)
(Dinner: 5:40 P.M. - 6:00 P.M.)
July 10, 2007
- 28 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
July 10,2007
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 10,2007, at 6:00 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, 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 Absent:
Robert M Dyer
[Absent due to Illness)
INVOCATION: Vice Mayor Louis R. Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank.
Three (3) years ago, Fulton Financial Corporation ("Fulton Financial'') purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the
record.
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.
July 10, 2007
- 29 -
VIRGINIA BEACH CITY COUNCIL
(Continued)
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.
July 10, 2007
- 30 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 56602
Upon motion by Councilman Wood, 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, 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:
Robert M Dyer
July 10, 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 #56601, Page 27, 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.
NOW; THEREFORE, BE IT RESOL VED: That the Virginia Beach City Council hereby certifies that,
to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
July 10, 2007
- 31 -
Item V-F.l.
MINUTES
ITEM # 56603
Upon motion by Council Lady Wilson, seconded by Councilman Uhrin, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of June 26,2007.
Voting: 9-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, 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 Abstaining:
Mayor Meyera E. Oberndor.f"
Council Members Absent:
Robert M Dyer
Mayor Oberndorf VERALLY ABSTAINED as she was Attending Us. Conference of Mayors 75th
Annual Meeting and not in attendance during the City Council Session of June 26, 2007
July 10, 2007
- 32 -
Item V-G 1.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM 56604
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
July 10. 2007
- 33 -
Item V-G.2.
PRESENTATION
ITEM 56605
Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for his
Communications badge.
Troop 364
Bayside Presbyterian Church
Jeff Waller
Scout Master
Dave Campbell
Assistant Scout Master
Mayor Oberndorf presented the Scouts with City Seal pins
July 10,2007
- 34-
Item V-H.J.
PUBLIC HEARING
ITEM #56606
The Mayor DECLARED A PUBLIC HEARING:
BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING
July 10, 2007
- 35 -
Item V-H.2.
PUBLIC HEARING
ITEM #56607
The Mayor DECLARED A PUBLIC HEARING:
LEASE OF CITY PROPERTY - 2293 Lynnhaven Parkway
Tidwater Regional Group Home Commission (TRGHC
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
July 10, 2007
- 36 -
Item V-Ll
PUBLIC BRIEFING
ITEM #56608
TOWN CENTER PHASE III AND PROPERTY EXCHANGE
Alexander Stiles, Associate City Attorney, presented information relative the Town Center
Modifications, Block 2 - "Beacon Building" - Exchange and changes to Phase III Development
Agreement
An exchange of Block 2 (Beacon Building) and Land from Landmark Communications for:
. 15,000 square feet Improved Office Space in Block 7 Westin Hotel Building
. Five (5) Parking Spaces in Westin Parking Garage
. $1.635-MILLION
· Moving Expenses
Virginia Beach Development Authority Exchange Actions
Purchase 25,000 square feet Unimproved Office Space from Armada Hoffler in Westin Retail ($2.8-
MILLION)
Build-out 15,000 of the 25,000 squarefeetfor New Beacon Space ($945,000)
Exchange the Improved 15,000 square feet for Block 2, Plus $1. 635-MILION Cash
Provide $300,000 to Landmarkfor moving expenses from Economic Development Investment
Program (EDIP)
Provide Landmarkfive (5) Parking Spaces in Westin Garage ($115,000)
Retain 10,000 square feet in Westin Retail until purchased by Armada Hoffler
Associate City Attorney Stiles cited the actions required by Armada Hoffler:
. Purchase Beacon site from Virginia Beach Development Authority (no later than thirty-six
(36) monthsfrom closing on the Beacon Building)
. Purchase 10,000 square feet in Westin Retail (no later than thirty-six (36) months from
closing on Block 7 Virginia Beach Development Authority Facilities)
Summary of Costs to Virginia Beach Development Authority
$1,680,000 Value of 15,000 Sq Ft Space in Block 7
$1,120,000 Value of 10,000 Sq Ft Space in Block 7
$ 945,000 to Improve 15,000 Sq Ft Space in Block 7
$ 115,000 Value of5 Reserved Parking Spaces in Westin Garage
$1,635,000 Cash Payment to Landmark
$ 300,000 Cash Paymentfor moving expenses
$5,795,000
July 10, 2007
- 37 -
Item V-L1
PUBLIC BRIEFING
ITEM #56608 (Continued)
Financed By:
$5,495,000
Estimated Bank Loan
$ 300,000
$5,795,000
EDIP Grant to Landmark for moving expenses
Armada Hoffler Obligations
$4,375,000 Purchase Block 2from VBDA
$1,120,000 Purchase 10,000 Sq Ft Shell Space in Westin
$5,495,000 Total Armada Hoffler Obligation plus Costs of Carry incurred by VBDA
Associate City Attorney Stiles stressed the following notes of importance:
· Exchange Agreement with Landmark includes a provision that the Virginia Beach Development
Authority will work with Landmark to seek approval of an electronic news crawler sign on the
exterior of the Westin Retail Space to replace the Beacon's existing sign
· Exchange Agreement with Armada Hojjler include a statement of intent to proceed with an office
building on the Beacon site under a similar arrangement as on Block 4
Changes to the Phase III Development Agreement
PHASE III ADDITIONAL COSTS
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July 10, 2007
- 38 -
Item V-Ll
PUBLIC BRIEFING
ITEM #56608 (Continued)
PHASE III TRANSFERRED FUNDS
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Summary of Phase III Modification Costs
$ 250,000 Increased Cost of Bridge: Westin and Dick's Garage
$ 500,000 Increased in Cost of Kitchen in Conference Center
$ 260,000 Increased Interest Costs - Westin Garage
$ 95,000 Increased Interest Costs - Conference Center
$1,105,000
Financed By
$1,105,000 Tax Increment Financing (TIF) Funds
Transferred Funds
$ 275,000 Transfer Streetscapefrom Block 9 to Block 5
$ 200,000 Transfer Streetscapefrom Block 9 to Block 6
$ 475,000
The Beacon Exchange and Phase III Development Agreements will be scheduled for the City Council
Session of July 17, 2007
July 10, 2007
- 39 -
Item v,/(,
ORDINANCES/RESOLUTIONS
ITEM #56609
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Ordinances/Resolutions 1, 2 (DEFERRED), 3, 4, 5, 6, and 8 (DEFERRED) of the
CONSENT AGENDA
Item /(,2 (Tidewater Regional Group Home Commission) was DEFERRED INDEFINITELY, BY
CONSENT.
Item K. 4 (Employee Benefits Review Task Force) REMOVED FROM THE AGENDA, SUBJECT TO
BE DISCUSSED AT COUNCIL RETREAT
Item /(,8 (Transportation Authority Committee) was DEFERRED INDEFINITELY, BY CONSENT
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
- 40-
Item V.K1.
ORDINANCES/RESOLUTIONS
ITEM #56610
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AMEND Chapter 2, Article XVI of the City Code,
AMEND 92-382 and REPEAL 91-387 re anachronisms in the
composition of the Planning Department.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
1 AN ORDINANCE TO AMEND ARTICLE XVI OF CHAPTER
2 2 OF THE CITY CODE BY AMENDING SECTION 2-382
3 AND REPEALING SECTION 2-387 OF THE CITY CODE,
4 PERTAINING TO THE COMPOSITION OF THE
5 DEPARTMENT OF PLANNING
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8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
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11 That Article XVI of Chapter 2 of the City Code is hereby amended and
12 reordained by amending Section 2-382 and repealing Section 2-387 of the City Code,
13 pertaining to the composition of the Department of Planning, to read as follows:
14
15
16 CHAPTER 2. ADMINISTRATION.
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18 ARTICLE XVI. DEPARTMENT OF PLANNING
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22 Sec. 2-382. Composition.
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24 The department of planning shall consist of a director appointed by the city
25 manager and such assistants as may be provided. The department of planning shall
26 also include a permits and inspections division, 3 weights 3nd measures bureau and a
27 zoning administrator~ who shall possess all powers and authority granted to such
28 officers by statute, ordinance or charter.
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32 Sec. 2 387. Composition of weights and measures bureau, function; police
33 powers.
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35 (a) Tho weights and measuros bureau of the dopartmont of planning shall be responsible for
36 all matters pertaining to weights and measures and complaints of fr::wd ::md unlavlful practices
37 and dealings with consumers v..ith respoct to weights and measures. It shall be the responsibility
38 of this bureau to soe that tho laws of the stato and ordinances on tho subject of weights and
39 measures aro enforced in the city, as well as to enforco othor rulos, regulations, ordinances and
40 laws portaining to consumors.
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42 (b) There shall be, within the weights and moasures bureau, a sealer of weights and
43 measures. He shall havo such additional duties as may be assigned by tho city manager.
44
45 (c) Police pO'A'ers are hereby conferred upon the inspectors of the 'Neights and measures
46 bureau and the cealer of 'Noights and measures, while engaged in performing their lavlful duties;
47 and they are authorized to :mest any violator of such la\\'8 and ordinances and to seize, for uso
48 as evidence, without formal warrant, incorrect or unsealed weights and measures or amounts of
49 packages or commodities found to be used, retained, offered or exposed for sale or sold in
50 violation of la\".'.
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52 Adopted by the City Council of the City Of Virginia Beach on the 10th day of July,
53 2007.
- 41 -
Item v'K.2.
ORDINANCES/RESOLUTIONS
ITEM #56611
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY:
Ordinance to AUTHORIZE the City Manager to execute a lease of City-
owned property at 2293 Lynnhaven Parkway for the term of one (I) year
with Tidewater Regional Group Home Commission (TRGHC), to be
used as residential housing for juvenile offenders through a transitional
living program.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10. 2007
- 42-
Item v'K.3.
ORDINANCES/RESOLUTIONS
ITEM #56612
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT a dedication of property from the Lynnhaven-
Little Neck Civic League, Inc., at 586 North Lynnhaven Road and
A UTHORlZE the City Manager to execute all related documents.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Robert M Dyer
July 10, 2007
1 AN ORDINANCE TO AUTHORIZE THE ACCEPTANCE
2 OF A DEDICATION OF 15.6 ACRES OF PROPERTY
3 LOCATED AT 586 NORTH L YNNHAVEN ROAD,
4 ADJACENT TO THE KINGS GRANT ELEMENTARY
5 SCHOOL IN VIRGINIA BEACH, IN FEE SIMPLE FROM
6 THE L YNNHAVEN-L1TTLE NECK CIVIC LEAGUE,
7 INC.
8
9 WHEREAS, Lynnhaven-Little Neck Civic League, Inc. (the "Civic League") owns
10 15.9 acres of property located at 586 North Lynnhaven Road (the "Property").
11
12 WHEREAS, the Civic League, has offered to dedicate the 15.6 acres to the City of
13 Virginia Beach
14
15 WHEREAS, Capital improvements on the property include one 300-foot lighted
16 baseball field, two 200-foot lighted baseball fields, one administration building, two
17 concession/restroom buildings, one equipment storage building, and a 27,000 square foot
18 asphalt parking lot. Both City water and City sewer services are being provided to the
19 Property
20
21 WHEREAS, the Department of Parks and Recreation has determined that the
22 Property will further the recreational needs of the City and that the Property should
23 continue to be used as a recreational facility.
24
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
26 VIRGINIA BEACH, VIRGINIA:
27
28 1. That the City Council authorizes the acceptance of the dedication of
29 the Property by Lynnhaven Little Neck Civic League, Inc. to the City of Virginia Beach by
30 Deed of Gift pursuant to section 15.2-1800, Code of Virginia of 1950, as amended.
31
32 2. That the City Manager or his designee is authorized to execute all
33 documents that may be necessary or appropriate in connection with accepting the
34 dedication of the Property, so long as such documents are acceptable to the City Manager
35 and the City Attorney.
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X:\Projects\ARC Files\Agenda Maps\Lynnhaven Little Neck Civic
- 43 -
Item V.K.4.
ORDINANCES/RESOLUTIONS
ITEM #56613
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $300,000 from the
Virginia Beach Performing Arts Center Foundation to the Sandler
Center for the Performing Arts at Virginia Beach project re a free-
standing sign.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
$300,000 FROM THE VIRGINIA BEACH
PERFORMING ARTS CENTER FOUNDATION TO
CAPITAL IMPROVEMENT PROJECT # 3-283
"SANDLER CENTER FOR THE PERFORMING ARTS
AT VIRGINIA BEACH" FOR A FREE-STANDING SIGN
WHEREAS, the Virginia Beach Performing Arts Center Foundation has raised
the necessary funding for a second free-standing sign for the Sandler Center for the
Performing Arts;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $300,000 is hereby accepted from the Virginia Beach Performing Arts
Center Foundation and appropriated to Capital Improvement Project #3-283, "Sandler
Center for the Performing Arts at Virginia Beach," for a free-standing sign, with revenue
from donations increased accordingly.
Requires an affirmative vote by a majority of the members of the City Council.
of
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
July ,2007.
Approved as to Content:
Approved as to Legal Sufficiency:
A. I~ Sv( I'v--
City AttorJ(s Office
CA 1 0448
R-3
June 29, 2007
rOUN!)^ llON OIF,:Ec'rOH~'~
STEEHING COMMITTEE
HONORA.RY
l\DVIsor:,;y COUNCIl
,,\;
it
June 29, 2007
.\1r. James 51)ore, Citv '\:{;l1L1Qer
_ ',; l)
City ofVirg-iniaBeach
.\Iunicipal Center, Building 1
2401 Courthouse Drive. Suite 234
Virginia Beach, VA 23456
Dear Jim,
FiollO\ving the joint meeting last week of the Virglllia BeachPerfornllng :\rts Center
FoundatIOn and the Capital Campaign Steering Committee, we would lIke to respecttully
request the approval to move ahead with constmction on a Plaza Marquee to be erected on
the corner of Commerce and Market Streets in front of the Sandler (:enter I;)r the
Perfonning:\rts, as approved by (:ity Council in the (:enter's signage package in r'ehru>lry
2007. 'The FoundatIon and Steering Committee have unanimously agn'c.d tel fund
additional marquee ;\t 10000. The cost IS approximately $300,000.
As previously stated, the r'ounc]ation \vill ,\1so fund the $100,000 public ,\rt
Sandler Center.
f('Jr
In addition to these capital projects, the Jioundation iwd Steering Committee w'it.del s
encourage that the City explore the purchase of a projector to enable the Center to
unique tilrn festivals and other slrntlar events.
ThiUlk you for your contmued support of this exclling project.
Regards,
O. Branch, III
President
ec: Bill C;oggins, CImcy and Theys Construction C,)rnpany
DaVId I,. Hansen, Chlf'f of J,'inance & Technology
F:w:rette fknldon. Publtc \Vurks
PatriCla Phillips, Dtrector
\'.1ron \Vehh, Puhlic \\'orks
- 44-
Item V.K.5.
ORDINANCES/RESOLUTIONS
ITEM #56614
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to AUTHORIZE the City Manager to execute a renewed and
restated Operating Agreement with the Virginia Beach Performing Arts
Center Foundation, Inc.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10,2007
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A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A RENEWED AND
RESTATED AGREEMENT WITH THE VIRGINIA
BEACH PERFORMING ARTS CENTER
FOUNDATION, INC.
WHEREAS, Sandler Center for the Performing Arts at Virginia Beach ("Center")
is a community-based, professional quality, twelve hundred-seat facility that is currently
under construction at the Town Center in Virginia Beach; and
WHEREAS, the mission of the Center is to provide exceptional cultural
opportunities for the community to both participate in and enjoy and to serve as a
cultural focal point for the performing arts in Virginia Beach; and
WHEREAS, the Virginia Beach Performing Arts Center Foundation, Inc.
("Foundation") is a permanent, non-profit section 501 (c)(3) organization whose
responsibilities include (i) providing adequate resources for the activities of the Center
through a commitment to fundraising, including capital, endowment, and potential on-
going annual fundraising; (ii) advising on long-range planning and vision for the Center;
(iii) ensuring that the work of the Center is consistent with the mission; (iv) serving as an
ambassador in the community and region advocating the mission and establishment of
the Center; and (v) serving on committees or task forces, as needed; and
WHEREAS, on July 12, 2005, the City and the Foundation entered into an
operating agreement to memorialize the responsibilities and obligations of the City and
the Foundation as they relate to certain operational activities of the Center; and
WHEREAS, the operating agreement expires on July 11, 2007; and
WHEREAS, the City and the Foundation desire to renew and restate the
agreement in an effort to assure the success and prosperous growth of the Center; and
WHEREAS, the Renewed and Restated Agreement will extend the term from two
years to ten years.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
The City Manager is hereby authorized and directed to execute said Renewed
and Restated Agreement on behalf of the City of Virginia Beach. A red line copy of the
Renewed and Restated Agreement is attached hereto.
Adopted by the Council of the City of Virginia Beach, Virginia on the 10th day
of JulV ,2007.
Approved as to Content:
~~
CA10414
June 28, 2007
R-3
Approved as to Legal Sufficiency:
2
)v.,(,~
s Office
RENEWED AND AMENDED RESTATED OPERATING AGREEMENT
BETWEEN THE CITY OF VIRGINIA BEACH
AND
VIRGINIA BEACH PERFORMING
ARTS CENTER FOUNDATION, INC.
THIS RENEWED AND AMENDED RESTATED OPERATING AGREEMENT
("Agreement") made and entered into as of this _ day of , 2007, by and
between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth
of Virginia ("City"), and the VIRGINIA BEACH PERFORMING ARTS CENTER
FOUNDATION, INC., a non-stock, non-profit organization with a tax exempt status
under section 501(c)(3) of the United States Internal Revenue Code ("Foundation").
RECITALS
WHEREAS, the City is the owner of grounds and related facilities currently under
construction in the City of Virginia Beach, known as the Sandler Center for the
Performing Arts ("Center"). It is estimated that construction of the Center will be
completed in 2007;
WHEREAS, the Foundation is a non-stock, non-profit, charitable organization
existing under the laws of the Commonwealth of Virginia;
WHEREAS, the responsibilities of the Foundation include (i) providing adequate
resources for the activities of the Center through a commitment to fund raising, including.;
capital, endowment, and potential on-going annual fundraising; (ii) advising on long-
range planning and vision for the Center; (iii) ensuring that the work of the Center is
consistent with the mission; (iv) serving as an ambassador in the community and region
advocating the mission and establishment of the Center; and (v) serving on committees
or task forces, as needed;
WHEREAS, the Foundation and the City wish to assure the success and
prosperous growth of the Center in the future by memorializing the responsibilities and
obligations of the City and the Foundation as they relate to certain operational activities;
WHEREAS. the Foundation was required by the City to raise twelve and a half..-
million dollars ($12,500,00.00) to assist with the construction of the Center ("Fundraising
Campaiqn");
WHEREAS. the Foundation has received qifts and pledqes for the Capital
Fundraising Campaiqn that meet or exceed the City's requested assistance;
Page 1 of 5
WHEREAS, those funds may be received at various times over a ten (10) year
period;
WHEREAS, the Foundation irrevocablv pledqes that all such funds associated
with the Capital Fundraisinq Campaiqn shall be desiqnated as funds of the City and
shall be paid to the City as they are received;
WHEREAS, the Foundation now desires to continue its fundraisinq activities in
support of the Center bv establishinq an endowment fund ("Endowmenn. which shall
be defined in the bv-Iaws of the Foundation;
WHEREAS, the Endowment effort shall be on-qoing and may raise funds to
support activities at the Center. includinq those of an educational nature; and
WHEREAS, the City and Foundation aqree that the Endowment funds shall be
solicited. received, controlled. invested and expended by the Foundation. in its
discretion. and the City has no expectation that such funds will be available for costs or
activities of the City. althouqh the purpose of the Endowment will be qenerallv to
support activities at the Center.
AGREEMENT
The parties to this Agreement, for and in consideration of the mutual efforts to
promote and support the development of the Center, agree as follows:
1. OPERATING PROCEDURES
A. The City Manager of the City of Virginia Beach (the "City Manager") shall
be the official responsible for the administration of this Agreement for the City.
B. An Executive Director shall be selected by the City Manager, upon
consultation with the Foundation, and employed by the City. The Executive Director
shall oversee the day-to-day operations of the Foundation and shall assist the
Foundation in planning and implementing its fund raising activities. The Executive
Director shall receive no remuneration from the Foundation and shall have no voting
rights with respect to Foundation business or affairs.
C. The City shall employ a Fundraiser Campaign Coordinator to work with
the Foundation to develop and coordinate all aspects of the eCapital campoign
Fundraising Campaiqn. Specifically, the Fundraising Campaign Coordinator shall work
in collaboration with the Foundation on public relations and marketing strategies, shall
plan and implement campaign, donor cultivation, and other special events, and shall
provide professional administrative services to the Foundation. The Fundraisinq
Campaign Coordinator shall report to the Executive Director.
Page 2 of 5
D. For the Fundraisinq Campaign. and whenever mutually aqreed upon
thereafter. +1he City and the Foundation may engage in joint promotional efforts,
including marketing and the solicitation of funding through grants. However, no City
employee shall actively solicit any donations on behalf of the Foundation unless the City
Manager specifically approves such activity.
Any funds or grants received by the City shall not be appropriated to the
Foundation unless so directed by the City Council pursuant to an ordinance adopted by
City Council. Any funds or grants received by or awarded or donated to the Foundation
shall be accounted for in the Foundation's records and disbursed in accordance with the
donor's or grantor's instructions.
E. The Foundation may continue its fundraising activities in support of the.
Center by establishinq an on-qoinq Endowment for the purpose of promotinq and
supporting activities at the Center. consistent with the Foundation's by-laws. Any and all
funds received by the Foundation for the Endowment shall be the responsibility of the
Foundation and shall be within the exclusive control of the Foundation. The City
acknowledqes that the Foundation has no obliqation to appropriate any Endowment
funds to the City.
~F. In the event the Foundation dissolves, becomes inactive, or discontinues.-
its active support of the Center, all monies pledged or dedicated to the Center for aflY
existing the Fundraisinq Campaiqnproject shall become property of the City, and shall
only be used by the City for the purpose for which they were pledged or dedicated.
~G. The City and the Foundation acknowledge and agree that all Foundation.-
correspondence, financial records and all Foundation documents shall be kept separate
and apart from all City records.
~H. In return for the Foundation's in-kind contributions and services to the.-
Center, and in furtherance of the Foundation's goal of supporting the Center through
advocacy and fundraising, the City will, at its expense: (i) employ a Fundraisinq
Campaign Coordinator, for the Fundraising Campaiqn, as described above; (ii) provide
for the supervision of the Fundraisinq Campaign Coordinator, by the Executive Director,
and supervise the quality, accuracy, and timeliness of campaign correspondences,
proposals and other materials; (iii) make available office space to house and equip the
Foundation's administrative and personnel needs; (iv) provide the Foundation with a
facsimile machine, computer hardware and software, copying equipment, and dedicated
telephone lines to implement and facilitate the responsibilities of the Foundation; (v)
supply additional City personnel, as necessary, to provide informational support and to
keep the Foundation abreast of the construction progress and of programming
developments related to the Center; and (vi) permit access to City facilities for
Page 3 of 5
fundraising activities and for other private functions which generate revenue for the
Center, subject to the prior approval of the City Manager or his designee.
I. The Foundation acknowledaes that all financial obliaations of the City are
subiect to annual appropriation by the City Council.
2. INSURANCE
The Foundation shall provide to the City's Risk Management Administrator
evidence of liability insurance coverage for the Foundation and its employees and
Board Members. All policies of insurance required herein shall be written by insurance
companies licensed to conduct the business of insurance in Virginia and shall carry the
provision that the insurance will not be cancelled or materially modified without thirty
(30) day prior written notice to the City.
3. RECORD KEEPING
A. The Foundation shall provide annually to the City an audited financial
statement. The audit shall be made in accordance with generally accepted auditing
principles by an independent certified public accountant covering all Fundraisina
Campaian monies which are the subject of this Agreement. The statement will be
provided on or before June 30 of each year during this Agreement but shall not include
any information regarding individual Foundation donors.
B. The Foundation shall provide the City with an updated copy of its articles,
bylaws and officers and directors. The Foundation shall also provide the City with a
copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without
accompanying documentation providing information concerning any specific Foundation
donor.
4. INDEPENDENT CONTRACTORS
In the performance of this Agreement, both the City and the Foundation will be
acting in an individual capacity and not as agents, employees, partners or joint
venturers or associates of one another. The agents or employees of the one shall not
be construed to be the agents or employees of the other. City employees shall remain
employees of the City notwithstanding the fact that they may assist the Foundation.
Neither the City nor its agents, volunteers, servants, employees or officials shall
be responsible or liable for any claim or suit arising from contracts, agreements,
understandings or arrangements made by the Foundation with any person or entity
covering services or good procured by the Foundation, or for the negligent or willful acts
of the Foundation.
Page 4 of 5
5. TERM
The term of this Agreement shall be for ten (10) years from the date of execution.
Thereafter, the Agreement may be renewed for an additional five-year term with the
consent of the City Manager.
6. AMENDMENTS OR MODIFICATIONS
The City or the Foundation may amend or modify this Agreement upon mutual
agreement. Such amendment(s) or modification(s) shall be in writing and executed by
the authorized representatives of the City and the Foundation.
7. TERMINATION
The City or the Foundation may terminate this J\greement at any time upon
gi'Jing thirty (30) days '.witten notice to the other party. Each party shall continue to fulfill
all of its obligations under the Agreement during the said thirty (30) day period.
SZ. NOTICES
Any notice or notices required or permitted pursuant to this Agreement shall be
given by certified mail, postage prepaid, return receipt requested as follows:
To the City:
James Spore
City Manager
City of Virginia Beach
2401 Courthouse Drive, Room 234
Virginia Beach, VA 23456
To the Foundation: Linwood Branch, III
President, Virginia Beach Performing Arts
Center Foundation, Inc.
Days Inn at the Beach
1000 Atlantic Avenue
Virginia Beach, VA 23451
9~. ENTIRE AGREEMENT
The parties agree that this writing constitutes the entire agreement of the parties
and that there may be no modification of this Agreement, except in writing, executed by
the authorized representatives of the City and the Foundation.
Page 5 of 5
As evidence of their agreement to the terms and conditions set forth herein, the
parties affixed their authorized signatures hereto:
VIRGINIA BEACH PERFORMING
ARTS CENTER FOUNATION, INC.
By:
Title:
CITY OF VIRGINIA BEACH
By:
City Manager / Authorized Designee
Approved as to Legal Sufficiency:
Approved as to Content:
City Attorney's Office
Office of Cultural Affairs
Approved as to Legal Sufficiency:
Approved as to Risk Management:
Foundation Counsel
Risk Manager
Page 6 of 5
- 45 -
Item v.K. 6.
ORDINANCES/RESOLUTIONS
ITEM #56615
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to AUTHORIZE and DIRECT the City Manager to initiate a
process to receive bids for the lease of Lynnhaven City Marina.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10,2007
1 A RESOLUTION AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO INITIATE A PROCESS TO
3 RECEIVE BIDS FOR THE LEASE OF THE
4 L YNNHAVEN CITY MARINA
5 WHEREAS, pursuant to a 1965 agreement with the Army Corps of Engineers for
6 the dredge of the Lynnhaven Inlet, the City of Virginia Beach agreed to acquire land and
7 construct and maintain a Marina near the inlet for public use; and
8 WHEREAS, in furtherance of the agreement, the City acquired the necessary
9 land and constructed the Lynnhaven City Marina, which the City has operated since
10 1969; and
11 WHEREAS, upon the staff recommendation, the City Council believes it may be
12 in the best interests of the City to lease the facility to a private operator with the
13 requirement that the facility maintain open to the general public and meet all
14 requirements of the agreement with the Army Corp of Engineers; and
15 WHEREAS, the City Council recognizes the close proximity of the facility to
16 residential as well as commercial uses and directs the staff to consider compatibility of
17 any lease proposed to the surrounding uses; and
18 WHEREAS, the City Council also has been informed and believes that the
19 marina facility can be significantly enhanced by a private operator and that opportunities
20 also exist to enhance service to the public as well as compatibility with surrounding
21 uses;
22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
23 OF VIRGINIA BEACH:
24 That the City Manager is hereby authorized and directed to initiate a process to
25 receive bids for the lease of the Lynnhaven City Marina, pursuant to state law, for the
26 purposes of enhancing the physical features of the Marina, improving services to the
27 public, maintaining and enhancing compatibility with surrounding uses and the City's
28 comprehensive plan for the Lynnhaven River Basin, decreasing city costs for
29 maintenance, and receiving lease revenues.
30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this --1.Q..th
31 day of ,1111 y ,2007.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
~~
CA10447
R-6
June 29, 2007
- 46-
Item V.K. 7.
ORDINANCES/RESOLUTIONS
ITEM #56617
REMOVED FROM THE AGENDA, SUBJECT TO BE DISCUSSED AT CITY COUNCIL
RETREAT:
Resolution to RECEIVE the recommendations of the Employee Benefits
Review Task Forcefor consideration and EXTEND the term of the Task
Force.
BY CONSENSUS
July 10, 2007
- 47 -
Item V..K.8.
ORDINANCES/RESOLUTIONS
ITEM #56618
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY:
Resolution to ESTABLISH the Transportation Authority Committee re
a systematic review of the implementation of the provisions of the
Hampton Roads Transportation Authority Act.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
- 48-
Item V-L.J.
PLANNING ITEM #56619
1. VAN GIANG VARIANCE
2. CA VALIER GOLF & YACHT CLUB CONDITIONAL USE PERMIT
3. B'NAI ISRAEL CONDITIONAL USE PERMIT
4.SHORE DRIVE PARASAILING, INC. CONDITIONAL USE PERMIT
5.a. HAC PROPERTIES, L.L.c. MODIFICATION OF Proffer No.3
(Approved: June 22, 2004)
b. NORMAL DIANE PAYNE HEWITT CONDITIONAL USE PERMIT
tlaARGO OF TIDEWATER
6. BROWN BUILDING CORPORATION MODIFICATION OF PROFFERS
Conditional Zoning (approved
July 13, 1993/modified on June 13,
2000/ February 11, 2003)
7. AGC ACQUISITION, L.L.C. CONDITIONAL CHANGE OF ZONING
July 10, 2007
- 49-
Item V-L.
PLANNING
ITEM #56620
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 1, 3 (DEFERRED) 4, 6 and 7 (DEFERRED) of the Planning by Consent Agenda.
Item L. 3. (B'NAI ISRAEL) was DEFERRED INDEFINITELY, BY CONSENT.
Item L. 7. (AGC ACQUISITION, L.L.C) was DEFERRED INDEFINITELY, BY CONSENT.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10. 2007
- 50 -
Item V-L.1.
PLANNING
ITEM #56621
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED a
Variance to ~4.4(d) of the Subdivision Ordinance that requires all newly created lots meet the
requirements of the City Zoning Ordinance (CZO) as related to lot width for VAN GIANG at 972
Whitehurst Landing Road re the creation of ajlag lot designedfor a single-family dwelling
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Van Giang.
Property is located at 972 Whitehurst Landing Road (GPIN
1466331306). DISTRICT 2 - KEMPSVILLE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
- 51 -
Item V-L.2.
PLANNING
ITEM #56622
The following registered in SUPPORT:
Attorney R. J Nutter, 222 Central Park Avenue, Phone; 687-7500, representing the applicant, advised
the Cavalier Hotel originally owned this property and in 1926 built this golf course for the guests of their
hotel. In 1964, the property was sold to the members of the Club and it has been known as the Cavalier
Yacht and Country Club since that time. The applicant wishes to construct an Agronomy Center
(maintenance facility). In 2003, they were advised this was an accessory use and a Conditional Use
Permit was not necessary. This is a customary accessory use to golf clubs across the country. Attorney
Nutter referenced amendments to conditions,' 1 a: Number of parking spaces shown on the site plan shall
be reduced to three (3) spaces, shown on the northeast side of the proposed maintenance buildingfor
the superintendent, assistant superintendent and the mechanic. The applicant shall shuttle the grounds
keepers and maintenance employees to the Agronomy Center by an electric cart.from the Club's main
parking lot; and 5. Perimeter landscaping shall be installed on the northern and eastern portions of the
Agronomy Center. Thick screening (landscaping) shall be installed along the exterior portions of the
Agronomy Center that abut lots 36, 37 and 38. The applicant shall work with the planning staff and the
owners of the three (3) lots to determine the most appropriate type of landscape screening to be planted
within this area. All funds are available for construction of this facility. The applicant currently
maintains the Near Post property, placing fencing around this adjacent property.
Joel Plax, 222 Central Park Avenue, President - Cavalier Golf and Yacht Club, and 5th year on the
Board of Directors. The Plan has been endorsed to improve the family oriented area.
John Napalatano, immediate Past President of Cavalier Golf and Yacht Club and life long resident of
Birdneck Point
Ed Clexton, member - Board of Directors of Cavalier Golf and Yacht Club, Chair of the long range
Ad Hoc Committee on land use
Fred Napalatano, Phone; 474-0888, resident of Birdneckfor forty-seven (47) years, previously served on
the Board of Directors and has been a member of the Cavalier Golf and Yacht Club for forty-five (45)
years.
Janet Ogren, 1008 Bobolink Drive, Phone: 428-0957,fifteen (J 5) year resident of Birdneck Point, ten
(J OJ-year member of the Cavalier Golf and Yacht Club
Tony Walker, 915 Pine Knob Way, Phone; 962-9869, Member of the Board of Directors - Cavalier Golf
and Yacht Club and served on the Ad Hoc Land Use Committee, Long Range Planning Committee and
Chaired - Membership Committee and Commodore of the Yachting division.
John Milleson, 1052 Cardinal Road, Phone: 428-3131, General Manager - Cavalier Golf and Yacht
Club for 6 12 years
Bill Lascara, 912 Cardinal Road, Phone: 422-1920, long time resident of Birdneck Point, resident of
home on 4th hole of the Cavalier Golf Course, and Member of the Board of Directors, Cavalier Golf
and Yacht Club
Jimmy Capps, 940 Cardinal Road, Phone: 428-1821, resident of Birdneck Pointfor over thirty (30) years
Tom Atherton, 933 Cardinal Road, Phone: 652-8159, new Member of the Cavalier Golf and Yacht Club
July 10, 2007
- 52 -
Item V-L.2.
PLANNING
ITEM #56622 (Continued)
Pamela M Reed, 1252 Crystal Lake Circle, Phone: 425-7784, resident since 2000 and husband is a
Member - of the Board of Directors - Cavalier Golf and Yacht Club and chairs the Tennis Committee
Chris Zetterwall, 936 Cardinal Road, Phone: 962-2993, Member of the Cavalier Golf and Yacht Club
for almost 3 12 years
Ted Verfurth, 1304 Penguin Circle, Phone: 425-6849, 16- year resident
Jack Griffith, 30 5rt Street, Phone: 428-4079, 13-year Member of the Cavalier Golf and Yacht Club and
Board of Directors
Katherine K. Malbon, 1335 Penguin Circle, Phone: 428-8638, new resident of Birdneck Point, single
mother, although not a member supports the application
Dr. John Brush, 1426 North Woodhouse Road, Phone: 496-2576, children swim on the Team. The Pool
needs to be upgraded The tennis facilities need to be expanded to year-round
Wiley Mitchell, lone Commercial Place, Phone: 628-5673, seventeen (l7)-year resident and Member of
the Board of Directors - Cavalier Golf and Yacht Club. Membership is declining.
The following registered in OPPOSITION:
Attorney Kevin Martingayle, 2101 Parks Avenue, and Phone: 589-2224, represented the neighborhood
The application is inconsistent with the Comprehensive Plan
Toles Summers, 824 Cardinal Road, Phone: 422-4998
Rayu Gorski, 1228 Kamichi Court, resident of Birdneck Point and Member of the Cavalier Golf and
Yacht Club
Harry B. Gibson, 820 Cardinal Road, Phone: 422-9379, resident of Birdneck Point and Member of the
Cavalier Golf and Yacht Club for twenty-three (23) years
David Shepheard, 820 Oriole Drive, Phone: 621-7973
Tim Devlin, 1316 Penguin Court, Phone: 425-7795, retired and Member of the Cavalier Golf and
Yacht Club
Helen Junkin, 1224 Kamichi Court, Phone: 425-3699
Sophia Gerloff, 1332 Starling Court, Phone; 425-8999, read letter in opposition from neighbor Edwin
Kellam
Sara Gerloff, 713 Bobolink Drive, Phone: 425-8999, lifelong resident of Birdneck and Member
July 10, 2007
- 53 -
Item V-L.2.
PLANNING
ITEM #56622 (Continued)
A MOTION was made by Councilman Wood, seconded by Councilman Uhrin, to ADOPT an Ordinance
upon application of CA VALIER GOLF & YACHT CLUB for a Conditional Use Permit re a golf club
agronomy facility at Kamichi Court with REVISED Conditions:
1. The site shall be developed in accordance with the submitted plan entitled "Cavalier Golf and
Yacht Club Agronomy Center", dated February 22,2007, and prepared by Gallup Surveyors and
Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the
City of Virginia Beach Planning Department
Notwithstanding condition 1 above. The number of parkin'}! spaces shown on
the site plan shall be reduced to 3 spaces, which are the 3 spaces shown on
the northeast side of the proposed maintenance building for the
Superintendent, Assistant Superintendent and the Mechanic. The applicant
shall shuttle the wounds keepers and maintenance emplovees to the
Agronomv Center bv an electric cart from the Club's main parking lot at the
end of Cardinal Drive.
5. Perimeter !-cmdsc6IfJing shaf.! he instaJ.!-cd in oosor-dtfl'lee with the Site Plffl'l Or-dinffl'lee, Section
5A.5 PtH'king let street frontage requirements. Perimeter landscapinz shall be installed on the
northern and eastern portions of the Agronomv Center in conformance with Site Plan Ordinance,
95A.5. Thick screeninz landscaping shall be installed along the exterior portions of the
Agronomv Center that abut lots 36, 37 and 38 as shown on the Site Plan. The applicant shall
work with the plannin'}! staff and the owners of these 3 lots to determine the most appropriate
type of landscape screeninJ! within this area.
ORDINANCE UPON APPLICATION OF CAVALIER GOLF & YACHT
CLUB FOR A CONDITIONAL USE PERMIT FOR A GOLF CLUB
(MAINTENANCE FACILITY)
Ordinance upon application of Cavalier Golf & Yacht Club for a
Conditional Use Permit for a golf club (maintenance facility) on
property located on the south side of Kamichi Court, approximately 300
feet east of Cardinal Road (GPIN 24184145480000). DISTRICT 5 -
LYNNHA VEN
Voting:
5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, John E. Uhrin, Rosemary Wilson
and James L. Wood
Council Members Voting Nay:
Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor
Meyera E. Oberndorf and Ron A. Villanueva
Council Members Absent:
Robert M Dyer
July 10, 2007
- 54 -
Item V-L.3.
PLANNING
ITEM #56623
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY, Ordinance upon application of B'NAI ISRAEL for a Conditional Use Permit
(approved by City Council on May 29, 1990, and superseded for a church on March 2, 2005) at 620
Baker Road re a commercial recreation facility (bingo hall).
ORDINANCE UPON APPLICATION OF B'NAI ISRAEL FOR A
CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATION
FACILITY (BINGO HALL
Ordinance upon application of B 'Nai Israel for a Conditional Use
Permit for a commercial recreation facility (bingo hall) on property
located at 620 Baker Road (GPIN 1468218226). DISTRICT 2 -
KEMPSVILLE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
- 55 -
Item V-L.4.
PLANNING
ITEM #56624
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of SHORE DRIVE PARASAILING, INC., for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF SHORE DRIVE
P ARASAILING, INC. FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY OF AN OUTDOOR NATURE
(PARASAILING) R070734229
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Shore Drive Parasailing, Inc. for a
Conditional Use Permit for a recreational facility of an outdoor nature
(paras ailing) on property located at 3311 Shore Drive (GPINs
1489884455; -4670; -5516; -5487; -6304; -3682; -4699). DISTRICT 5-
LYNNHAVEN
The following conditions shall be required:
1. The parasailing and water sled/tube riding operation shall meet all requirements and regulations
of the United States Coast Guard.
2. There shall be no parasailing or water sled/tub riding operation within the Lynnhaven River. All
such activities shall occur within the Chesapeake Bay.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of July Two Thousand
Seven
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
- 56 -
Item V-L.5.
PLANNING
ITEM #56625
Attorney R. E. Bourdon, Phone: 499-8971, represented the applicant
Upon motion by Councilman Wood, seconded by Councilman Diezel, City Council MODIFIED Proffer
No. 3 upon application of HAC PROPERTIES, LLC to allow low speed motor vehicle sales and
ADOPTED an Ordinance upon application of NORMA DIANE PAYNE HEWIT tla ARGO OF
TIDEWATERfor a Conditional Use Permitfor motor vehicle sales (low speed vehicles):
ORDINANCE UPON APPLICATION OF HAC PROPERTIES, L.L.c.
FOR A MODIFICATION OF PROFFERS FOR A REQUEST
APPROVED BY CITY COUNCIL ON JUNE 22, 2004.
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of HAC Properties, L.L.c. for a
Modification of Proffers for a request approved by City Council on June
22, 2004. Property is located at 1763 Princess Anne Road (GPIN
2403916498). DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
AND,
ORDINANCE UPON APPLICATION OF NORMA DIANE PAYNE
HEWETT TIA ARGO OF TIDEWATER FOR A CONDITIONAL USE
PERMIT FOR MOTOR VEHICLE SALES (LOW SPEED VEHICLES)
R070734229
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Norma Diane Payne Hewett tla Argo of
Tidewater for a Conditional Use Permit for motor vehicle sales (low
speed vehicles) on property located at 1763 Princess Anne Road, Suites
101 and 102 (GPIN 2403916498). DISTRICT 7 - PRINCESS ANNE.
July 10, 2007
- 57 -
Item V-L.5.
PLANNING
ITEM #56625 (Continued)
1. Sales shall be limited to "low speed vehicles " as defined in 46.2.-100 of the Code of Virginia.
2. The hours of operation shall be Monday through Saturday 9:00 a.m. until 5:00 p.m.
3. There shall be no display of vehicles in the public right-of-way. Vehicles shall also not be
displayed on raised platforms anywhere on the site.
4. There shall be no more than three low speed vehicles displayed for sale during the hours of
operation. The vehicles shall be parked in an area designated" Vehicle Display Area ".
5. There shall be no outside storage of vehicles, parts or equipment.
6. There shall be no repair of the vehicles on the premises.
7. No additional freestanding signs shall be permitted.
8. Any modifications to the building, including awnings or signs, shall be submitted to the Current
Planning Division of the Department of Planningfor approval before installation.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of July Two Thousand
Seven
Voting: 8-2
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Vice Mayor Louis R. Jones, Reba
S. McClanan, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
Barbara M Henley and Mayor Meyera E. Oberndorf
Council Members Absent:
Robert M Dyer
July 10, 2007
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6713
DATE: June 12, 2007
TO:
Leslie L. Lilley _ I{\l \\
B. Kay Wils~
DEPT: City Attorney
FROM:
DEPT: City Attorney
RE: Conditional Zoning Application: HAC Properties, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on June 26, 2007. I have reviewed the subject proffer agreement, dated
January 30, 2007 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
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND
CONDITIONS
HAC PROPERTIES, L.L.C., a Virginia limited liability company
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 30th day of January, 2007, by and between HAC
PROPERTIES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF
VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantor is the owner of that certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, Virginia, designated as Parcel "B-
2" containing approximately 3.34 acres and described in Exhibit "A" attached hereto and
incorporated herein by this reference said property hereinafter referred to as the
II
II
I
"Property"; and
WHEREAS, the Grantor has initiated a modification to a conditional amendment to
the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to
modify conditions to the Zoning Classification of the Property; and
WHEREAS, the Grantor has requested Grantee to permit this modification of the
previously proffered Covenants, Restrictions and Conditions dated August 26, 2004
(hereinafter "2004 Proffers"), to reflect amendments applicable to the land use plan on the
Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
GPIN: 2403-91-6498
PREPARED BY:
iJIB SYKIS. Q()UI~DO;\,
"''0 ;. n[R(-;9 Ln'\' p ('
IJI.!I ,\tL 1 a _ "'"
1
PREPARED BY
I1iIIiI \:\'"TC l\[ilP)f)Q\
~.W..JI...:\.c.~.n.J :\/_Jl,
~iI AfiIRN& LL\'Y, PC
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the proposed modification of conditions to the
zoning, 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
resolve the situation to which the application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to
the existing zoning conditions with respect to the Property, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted, which conditions have a reasonable relation to the proposed modification and the
need for which is generated by the proposed modification.
NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in title or interest, voluntarily and without any requirement
by or exaction from the Grantee or its governing body and without any element of
compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the follovving declaration of conditions and restrictions which I
shall restrict and govern the physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall constitute covenants running "'lith
the Property, which shall be binding upon the Property and upon all parties and persons
claiming under or through the Grantor, its successors, personal representatives, assigns,
grantees, and other successors in interest or title:
1. Proffer number "3" in the 2004 Proffers is amended to read:
3. When the Property is developed, only the following uses will be
permitted:
a)
b)
c)
Business studios, offices and clinics;
Mini-warehouses;
Repair and sales for radio and television and other household
appliances and small business machines;
Motor vehicle sales;
Retail establishments;
Laboratories and establishments for the production and repair
of eye glasses, hearing aids and prosthetic devices.
d)
e)
f)
2
I
I
!,
PREPARED BY' II
1m '-'''f''- n("'I1:ln,\ 11
.1.!J ~,) Jo.....c~, l:5 }:, n.l, i.J. '. I
a . Jjr-l,\ .~ ll-- r" ::> - I
10,-\ '::''''' a 1:\' I...L i
.1
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I 2. All of the terms, conditions, covenants, servitudes and agreements set forth i
I in the 2004 Proffers recorded in the Clerk's Office of the Circuit Court of the City of
II
II Virginia Beach, Virginia, as Instrument #200409020140536, save and except, Proffer 3, as
i specifically amended and modified herein, shall remain in force and effect, running ,vith
the Property and binding upon the Property and upon all parties and persons claiming
under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and
other successors in interest or title.
The Grantor further covenants and agrees that:
All references hereinabove to the B-2 Business District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated
herein.
The above conditions, having been proffered by the 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
Propeliy 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 \'\rith
said instrument as conclusive evidence of such consent, and if not so recorded, said
instrument shall be void.
(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
3
PREPARED BY
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.~ . J...L. TI. L,~ ~.\, II
L..,. \')":'\; Y r r\ 'v ~,~
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'I
II
II
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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
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office
of the Zoning Administrator and in the Planning Department, and they shall be recorded
in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the names of the Grantor and the Grantee.
4
PREPARED BY
1m Si!KIS flDL'.~~DOX
Iii :\,cJIR:V & Lr\~r. E.
WITNESS the following signature and seal:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
Grantor:
HAC Properties, L.L.C., a Virginia limited
liability company
! / . #.,.... . //.. ....
Bu../...../ .'. /;.::/./ /:;:;{::.,. ./ " .,..' i
y-,. '" .'/....,.,.,,~;.I'./.~ . ...
. ,. 'tIerbert A. Culp~pper,
...........-
(SEAL)
The foregoing instrument was acknowledged before me this 31st day of January,
2007, by Herbert A. Culpepper, Member of HAC Properties, L.L.C., a Virginia limited
liability company, Grantor.
/I, / '," I' ...,
.., I / j' /-;
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My Commission Expires: August 31, 2010
5
PREPARED BY
~.m SYHS. HOURDOX
SII :,\~;IR\' & L;::\'Y. p.c
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon situate, lyiHg'and 'being in the City of Virginia Beach, Virginia, and being known,
numbered' and designated as. Parcel B-2, as shown on that certain plat entitled,
"RESUBDIVISION;: . OF PARCEL B, SUBDMSION OF PROPERTY OF J. W.
WHITEHURST (M.'B.. 62, P. 5bA) AND A PORTION OF PARCEL B, SUBDIVISION OF
PROPERTY OF WILLARD P. WHITEHURST, et ux (M.B. 124, P. 55) VIRGINIA BRACH,
VIRGINIA", dated August 22, 2003, .prepared by Rouse-Sirine Associates, Ltd., which plat
is duly recorded in. the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia as Instrument #200312080203441.
LESS AND EXCEPT the property conveyed to Charlie E. Gray, Jr., et UK, by Deed of
William P. Whitehurst, et ux, dated November 1, 1978 and recorded in the aforesaid
Clerk's Office in Deed Book 1844, at Page 342.
GPIN: 2403-91-6498 (formerly 2403-91-7652)
GPIN: 1494-63-2595 (Part of)
Modificationofproffers/HACProperties/Proffer
6
- 58 -
Item V-L. 6.
PLANNING
ITEM #56626
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED ,
Ordinance upon application of BROWN BUILDING CORPORATION for a Modification of Proffers for
a conditional rezoning request (approved by City Council on July 13, 1993, and modified on June 13,
2000, November 14, 2000, and February 11, 2003) at 4847 Dolton Drive to allow a childcare facility.
ORDINANCE UPON APPLICATION OF BROWN BUILDING
CORPORATION FOR A MODIFICATION OF PROFFERS FOR A
REQUEST APPROVED BY CITY COUNCIL ON JULY 13, 1993 AND
MODIFIED ON JUNE 13, 2000, NOVEMBER 14, 2000 AND
FEBRUARY 11, 2003
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Brown Building Corporation for a
Modification of Proffers for a request approved by City Council on July
13, 1993 and modified on June 13, 2000, November 14, 2000 and
February 11, 2003. Property is located at 4847 Dolton Drive (GPIN
1477205567). DISTRICT 2 - KEMPSVILLE
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of July Two Thousand
Seven
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Harry E. Diezel and Robert M Dyer
July 10, 2007
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6716
DATE: June 27,2007
FROM:
Leslie L. Lilley I ~
~
B. Kay Wilson~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application; Brown Building Corporation
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 10, 2007. I have reviewed the subject proffer agreement, dated
February 27,2007 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
AMENDED PROFFER AGREEMENT
THIS AGREEMENT made this 27th day of February, 2007, by and between
BROWN BUILDING CORPORATION, a Virginia corporation, hereinafter called
"Grantor"; and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the
Commonwealth of Virginia, hereinafter called "Grantee". The purpose of this agreement is
to modify prior Proffer Agreements between the parties hereto dated January 7, 1993,
April 21, 2000, August 15, 2000 and November 1, 2002.
RECITALS:
R-1 The Grantor is the record fee simple owner of the property (the "Property")
located in Kempsville District, City of Virginia Beach, Virginia and described in Exhibit "A"
hereto and incorporated within this Agreement.
R-2 Roda Associates, a Virginia general partnership, ("Roda") predecessor in
title to Grantor, previously initiated an amendment to the zoning map of the City of
Virginia Beach, Virginia, (the "Zoning Map") by petition addressed to the Grantee, so as to
change the zoning classification of the property from R-5D Residential District to
Conditional B-2 Business District. This amendment was made pursuant to the terms of
the zoning ordinance of the City of Virginia Beach, Virginia adopted April 18, 1988, as
amended (the "Zoning Ordinance") and was granted by City Council action on July 13,
1993. In connection with the foregoing, by Agreement dated January 7, 1993, and
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in
Deed Book 3242, at Page 2172, Roda did voluntarily offer, in writing, as part of the zoning
amendment to the Zoning Map with respect to the Property, certain conditions related to
the physical development, operation and use of the Property which was adopted as part of
said amendment to the Zoning Map and made applicable to the Property. These
conditions were to remain in full force and effect until amended by following the
procedures and recording the documents as outlined and required in the Zoning
Ordinance.
PREPARED BY:
~IB SYKES, llOL'RDON.
1\1lAHmN & Lrvy.P.c. GPIN: 1477-20-5567
1
R-3 Grantor previously initiated three(3) modifications to the conditions of the
aforesaid amendment to the Zoning Map referenced in paragraph R-2 above and in
connection with the foregoing, by agreements dated the 1st day of April, 2000, the 15th of
August, 2000, and the 1st day of November, 2002, and recorded in the Clerk's Office
aforesaid in Deed Book 4257, at Page 119; Deed Book 4324, at Page 966; and as
Instrument # 200302270029510, respectively, Grantor voluntarily proffered, in writing,
as part of the modification of the conditions with respect to the Property, certain
conditions related to the physical development, operation and use of the Property which
were adopted as part of said modification of the conditions applicable to the Property.
These modified conditions were to continue in full force and effect until amended by the
procedures and recording the documents as outlined and required in the Zoning
Ordinance.
R -4 Grantor has initiated another modification of the conditions referenced in
Paragraphs R-2 and R-3 above in order to change certain conditions that were previously
placed upon the Property in connection with the amendment to the Zoning Map as to the
Property.
R-5 The Grantee's policy is to provide only to the orderly development of land,
for variOUS purposes, including business purposes, through zoning and other land
development legislation.
R-6 The Grantor acknowledges that competing and sometimes incompatible
uses conflict and that in order to permit different uses on and in the area of the Property
and at the same time to recognize the effect of the changes and the need for various types
of uses, including those listed above, certain reasonable conditions governing the use of
the Property for the protection of the community that are not generally applicable to land
similarly zoned B-2 are needed to cope with the situation which the Grantor's request for
modificatioJl of conditions gives rise to.
R-7 The Grantor has voluntarily offered, in writing, in advance of and prior to
the public hearing before the Grantee, as part of the proposed modification of the
conditions previously attached to the amendment to the Zoning Map with respect to the
Property, in addition to the regulations provided for in the existing B-2 zoning district by
PREPARED BY: the Zoning Ordinance, the following reasonable conditions related to the physical
m syn:s. ROURDON. development, operation and use of the Property to be adopted as part of modification of
m AHrnN &.l[\'Y. P.c.
the conditions applicable to the Property, which have a reasonable relation to the
2
PREPARED BY:
no svns. .BOURDON.
DJ A1lf:RN &. LEVY. P.c.
modification of the conditions and the need for which is generated by the modification of
the conditions.
R-8 The conditions outlined in this Agreement have been proffered by the
Grantor and allowed and accepted by the Grantee as part of the modification to the
conditions and the Zoning Map. These conditions shall continue in full force and effect
until a subsequent amendment changes the zoning of the Property; provided, however,
that such conditions shall continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementation of a new or substantially revised
zoning ordinance of Grantee, unless, notwithstanding the foregoing, the conditions are
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 instruments; provided further that said instrument is
consented to by the Grantee, in writing, as evidenced by certified copy of the ordinance or
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee advertised pursuant to the provisions of the code of Virginia, Section 15.2-2204,
which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent.
WITNESSETH:
NOW, THEREFORE, the Grantor, for itself, its successors, personal representatives
and assigns, grantees and other successors in title and interest, voluntarily without any
requirement by or exaction from the Grantee or its governing body and without any
element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of amended conditions and
amended restrictions which shall restrict and govern the physical development, operation
and use of the Property and hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, which shall be binding upon the property
and upon all parties and persons claiming under or through the Grantor, its successors,
personal representatives, assigns, grantees, and other successors in interest or title.
1. Lighting on the property shall be directed inward and not toward
surrounding properties.
3
PREPARED BY:
~m SYICrs. ROURDOK I
mil AHtR~ Ii l~VY. P.c. I
2. The following uses shall not be permitted on the Property or any
improvements constructed thereon: animal hospitals, veterinary establishments,
commercial kennels, automobile sales or repairs, automobile service stations, boat sales,
borrow pits, bulk storage yards, bulk storage of hazardous chemicals or materials,
commercial parking lots or garages or auto storage, drug stores, beauty shops and barber
shops, eating and drinking establishments with drive-through windows, funeral homes,
grocery stores, liquor stores, mini-warehouses, nightclubs, bars, taverns, dance halls.
3. When the Property is developed, it shall be developed substantially in
conformance with that exhibit entitled, "PRELIMINARY LAYOUT PLAN FOR DRS
DEVELOPMENT DAY CARE FACILITY", dated 02-14-07, prepared by S.LA. (the "Site
Plan"), and the building and improvements will have the architectural features and
appearance substantially as depicted on the exhibit entitled, "DRS DEVELOPMENT
PROPOSED DAY CARE CENTER", prepared by EYG Architects, P.C. (the "Architectural
Rendering"). The Site Plan and Architectural Rendering have been exhibited to the
Virginia Beach City Council and are on file with the Virginia Beach Department of
Planning.
4. Category IV landscaping shall be installed on the northeast side of the
property as required by the landscape ordinance.
5. The conditions set forth herein supersede all conditions contained in the
previous Proffer Agreements between the parties as hereinabove recited.
6. The Grantor covenants and agrees that:
a. 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 non-compliance with such
conditions be remedied and (b) to bring legal action or suit to insure
compliance with such conditions including mandatory or prohibitory
injunction, abatement, damages or other appropriate action, suit or
proceedings.
b. 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.
4
c. If aggrieved by any decision of the Zoning Administrator made
pursuant to these provisions, the Grantor shall petition the governing
body of Grantee for the review of such decision prior to instituting
proceedings in court.
d. Further conditions may be required 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.
e. The Zoning Map shall show, by an appropriate symbol on the map,
the existence of conditions attaching to the zoning of the Property on
the map and that the ordinance and the conditions may be readily
available and accessible for public inspection at the office of the
Zoning Administrator and in the Planning Department and that 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.
PREPARED BY;
~m SYn:s. BOURDON.
m Al.1tRN & Lm. P.c.
5
WITNESS the following signature and seal:
Grantor:
Brown Building Corporation, a Virginia corporation
By: pf)k~
Ronald K. Brown, President
(SEAL)
STATE OF VIRGINIA) ). \ li ~
CITYjCOUNlY of'-'l/crCii'()I 0- . .v...f , to-wit:
J .
I, j ~ J. a Notary Public in and for the City and State
aforesaid, do hereby certify th Ronald K. Brown, President of Brown Building
Corporation, a Virginia corporation, whose name as such is signed to the foregoing
instrument bearing date on the 2~ day of February, 2007, has acknowledged the same
before me in my said City and State. ~
~
GIVEN under my hand this ,~! day of Februa ,2007.
My Commission Expires: 1 ~1 07
6
PREPARED BY:
'-'13 SYKIS. gOrRDD~.
mil r\J..l~R:; & LIvy. P.C
EXHIBIT "A"
ALL THAT certain lot, piece or parcel of land, with the buildings and improvements
thereon, lying, situate and being in the City of Virginia Beach (formerly Princess Anne
County), Virginia, in Kempsville Magisterial District, and being the northeast corner of Lot
Six (6), as shown on the map of A.W. Cornick's Kempsville Subdivision, dated January,
1990, also being known and designated as "Joseph Mosley", as shown on the Map Book
A.W. Cornick's Kempsville Farm, Kempsville Borough, Virginia Beach, Virginia", and is
duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, in Map Book 48, at Page 43 is more particularly bounded and described as
follows:
BEGINNING at a point on the southern line of Eastern Shore Road to Kempsville on the
line between Tracts Four (4) and Six (6) and running thence in a southerly direction along
said dividing lie between the two said tracts one hundred seventy-six (176) feet; thence in a
westerly direction two hundred nineteen (219) feet; thence in a northerly direction and
parallel to the dividing line between Tracts Four (4) and Six (6) two hundred eighteen
(218) feet to the Eastern Shore Road to Kempsville One hundred sixty (160) feet to the
point of beginning.
LESS AND EXCEPT that property to City of Virginia Beach in Deed Book 2812, at Page
673, dated March 20, 1988; corrected in Deed Book 2896, at Page 376.
GPIN: 1477-20-5567
ModConditions IBrownBuilding/DoltonDrive/Proffer
7
- 59 -
Item V-L.7.
PLANNING
ITEM #56627
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED
INDEFINITELY Ordinance upon application of AGC ACQUISITION, L.L.C. for a Change of Zoninf!
District Classification from AG-2 Agricultural District to Conditional B-4 Mixed Use District:
ORDINANCE UPON APPLICATION OF AGC ACQUISITION, L.L.c.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-4 MIXED
USE DISTRICT
Ordinance upon application of AGC Acquisition, L.L.c. for a Chanf!e of
Zoninf! District Classification from AG-2 Agricultural District to
Conditional B-4 Mixed Use District on property located at 1291 Nimmo
Parkway (GPIN 2414161683). DISTRICT 7 -PRINCESS ANNE
Voting:
9-0 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, 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:
Harry E. Diezel and Robert M Dyer
July 10, 2007
- 60-
Item V-M..l.
APPOINTMENTS
ITEM #56628
Upon NOMINATION by Council Lady Wilson, Council APPOINTED:
Frederick J. Napolitano, Jr.
Nancy K Parker
No Term
BLUE RIBBON TAX, FEE and SPENDING TASK FORCE
Voting: 8-0
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Rosemary
Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Robert M Dyer, John E. Uhrin and Ron A. Villanueva
July 10, 2007
- 61 -
Item V-O.
ADJOURNMENT
ITEM # 56629
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:10 P.M.
(J1~--~_!__t:~~(~
Beverly t5,' Hooks, CMC
Chief Deputy City Clerk
~
th Hodges Fraser, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
The Public Comment Session adjourned at 9: 52 P.M.
July 10, 2007
- 62-
OPEN DIALOGUE
Non Agenda Items
Dan Majkut, 2109 Croydon Court, Phone: 427-1760, represented the residents of Croydon Court, and
advised he had presented the Traffic Division a petition for "head-in" parking at Croydon Court
(cul-du-sac). There are six (6) homes in the area and eighteen (18) vehicles are normally parked there.
They recently received another Summons for parking. Charles Meyer, Chief Operating Officer, and staff
will meet with the residents.
The following expressed concerns re the Employee Benefits Review Task Force recommendations:
Janice Melton, 600 Mango Drive, Phone: 729-1949, employee of Human Services. Said statement is
hereby made a part of the record.
Dreda McCreary, 804 Lord Leighton Court, Phone: 496-8019, City's Mosquito Control Biologistfor
twenty-eight plus (28+) years.. Statement is hereby made a part of the record.
David Hughes, 6396 Blackwater Road, retired Virginia Beach Police Officer (January 2006) after
twenty-nine (29) years of service.s
Howard Carr, 1160 Eagle Way, Phone: 233-8117, retired City employee, Fire Department
Betty Albanese, 2240 Ebb Tide Road, Phone: 496-0940, thirty-five (35)-year employee of Social Services
July 10, 2007