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AUGUST 23, 1994 MINUTES~it~v ¢~f' Vir-~i~i~ ~ "WORLD'S LARGEST RESORT CITY" CITY ( ;OUNCIL CITY COUNCIL AGENDA AUGUST 23, 1994 I. CITY MANAGER'S BRIEFINGS - Council Chamber - 3:30 PM CITY LICENSE PLATE Robert Matthias, Director, Intergovernmental Relations AIRPORT ZONING Robert J. Scott, Director, Planning OUTDOORS PLAN - Status and Schedule Susan D. Walston, Director, Parks and Recreation II. INFORMAL SESSION - Council Chamber - 5:00 PM CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION III. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndod B. INVOCATION: Reverend David Whitten Church of Christ - Creeds C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS August 9, 1994 G. PRESENTATION RESIDE WITH PRIDE - Annual Report Allen Hadman, Co-Chair CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Ordinance toAMEND and REORDAIN Sections 12-3, 12-4, 12-5, 12-25, 12-27, 12-28, 12-30, 12-41, 12-42, 12-43 and 12-44; and, ADD Sections 12-25.1, 12-28.1, 12-43.1, 12-43.2, 12-43.3, 12-43.4 and 12-43.5 of the Code of the City of Virginia Beach, Virginia, re fire prevention and protection. Ordinance to ACCEPT and APPROPRIATE a $10,488 Grant from the Commonwealth of Virginia, Department of Criminal Justice Services, in the FY 1994-1995 Operating Budget of the Police Department re cultural awareness and diversity training to criminal justice professionals, e.g., law enforcement and juvenile intake. Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lakeview Drive to Jack F. and Linda L. Price re maintenance of an existing chain link fence and appropriate landscaping (BAYSIDE BOROUGH). Ordinance to authorize tax refunds in the amount of $25,828.84. I. RESOLUTIONS/ORDINANCE Resolution re the modification of $350,000 Industrial Development Revenue Bonds issued in 1980 to Birchwood Associates re adjustment of interest rate and monthly payment terms. Resolution to request the Virginia Department of Motor Vehicles adopt a special Virginia Beach license plate design and promote the sale of such plates; and, dedicating the revenue to the Virginia Marine Science Museum. Ordinance to establish the Agricultural Advisory Commission to review issues of special interest to the rural and agricultural area of the City. PUBUC HEARING 1. PLANNING Application of ERIC JOHN MARKOWSKI for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements cf the City Zoning Ordinance at 5720 Attica Avenue (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of COX CABLE HAMPTON ROADS for a it' I 't for a mmunica ions towe at the Northeast corner of Cleveland Street and Clearfield Avenue (5200 Cleveland Street), containing 3.24 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of VIRGINIA CELLULAR UMITED PARTNERSHIP, CONTEL CELLULAR, INC., for a i~J~(~L~0~[[~ for a ' * at the Northeast intersection of Shore Drive and East Stratford Road (3556 Shore Drive), containing one acre (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of MOUSA MAHGEREFTEH for a Conditional Use Permit for automobile sale8 at the Southeast corner of N. Witchduck Road and Aragona Boulevard (4893 N. Witchduck Road), containing 36,198 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL Application of QUICK 10 CORPORATION for a C itl I it for an automobile service stati0ri and car wash at the Southeast corner of Princess Anne Road and Baxter Road, containing 28,544 square feet (KEMPSVILLE BOROUGH). Deferred: August 9, 1994 Recommendation: APPROVAL CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES Variances to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance (LYNNHAVEN BOROUGH): (1) On the North side of Goodspeed Road, 2412.4 feet more or less West of Discovery Road (2) On the North side of Susan Constant Drive, 1090 feet more or less West of 62nd Street Recommendation: APPROVAL Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: (1) ADD Appendix I re Airport Noise Attenuation and Safety (Sponsored by Mayor Meyera E. Oberndorf) Recommendation: APPROVAL (2) Recommendation: City Zoning Ordinance: (a) Section 202 re height regulations (b) Section 221 re procedural requirements and general standards for conditional uses APPROVAL (c) Sections 502, 506, 602, 1124; and, ADD Section C 1129 re dimensional requirements Recommendation: NONE APPLICABLE DUE TO DEFERRAL (3) City Zoning Maps to incorporate airport noise zones Recommendation: APPROVAL (4) Subdivision Ordinance: (a) Section 6.3 re required information on final subdivision plats Recommendation: APPROVAL (5) Site Plan Ordinance: (a) Section 4 re required information on site development plan Recommendation: APPROVAL K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION PLANNING COUNCIL TRANSPORTATION SAFETY COMMISSION VIRGINIA BEACH CRIME TASK FORCE VML - HUMAN DEVELOPMENT COMMI'~-EE VML - PUBLIC SAFETY COMMITTEE L. UNFINISHED BUSINESS COUNCIL-SPONSORED ITEMS: Ordinance to TRANSFER $30,000 from the FY 1994-1995 Operating Budget General Fund Reserve for Contingencies to the Child Abuse Center of Hampton Roads re the City's Commitment in developing a Regional Center. (Sponsored by Mayor Meyera E. Oberndorf) Resolution requesting Planning Commission and City Staff review and make recommendations to City Council re regulation of flea markets. (Sponsored by Vice Mayor William D Sessoms, Jr.) Ordinance to establish the Habitat Enhancement Committee to assist in implementing funds, recommend sites and provide volunteer labor re Wetlands and urban forestry. (Sponsored by Councilman John A. Baum) Ordinance to ELIMINATE auto allowances for Constitutional Officers. (Sponsored by Councilman John D. Moss) Deferred: August 9, 1994 NEW BUSINESS 1. NATIONAL LEAGUE OF CITIES Designation of Voting and Alternate Voting Delegates 1994 Annual Conference N. ADJOURNMENT CITY COUNCIL SESSION SEPTEMBER 6, 1994 RESCHEDULED TO SEPTEMBER 20, 1994 PUBLIC HEARINGS CITY COUNCIL CHAMBER SEPTEMBER 13, 1994 - 2:00 PM SEPTEMBER 27, 1994 - 6:00 PM RE: ELECTORAL PLAN (REAPPORTIONMEN~ If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 8/18/94cmd AGENDA\8-23-94.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 23, 1994 Mayor Meyera E. Oberndorf called to order the CITY MANAGER,S BRIEFING to the VIRGINI,,I BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 23, 1994, at 3:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert lq3 Dean, William Pr( Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker. I/ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: John D. Moss [FAMILY VACATION] Mayor Oberndorf referenced Councilman Moss's letter of August 19, 1994, to the Mayor and Members of City Council advising of his wife expecting their child in December, an earlier date than anticipated and the necessity to move up the date of the family vacation. Said letter is hereby made a part of the record. Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. ~'ce Mayor Sessoms' letter of August 23, 1994, is hereby made a part of the record. -2- ITEMS OF THE MA YOR ITEM # 3831O Mayor Oberndorf referenced the BEACON news article advising the City Council had reflected their desire to have the INFORMAL SESSIONS in the Council Conference Room. This information was correct. However, the article stated these sessions wouM not be televised. Mayor Oberndorf advised it was her understanding television cameras wouM be installed in the Conference Room. The City Manager advised he was sending a memorandum to all Members of City Council for clarification, as substantial sum costs are involved with installing cameras in the Conference Room. August 23, 1994 CITY MANAGER'S BRIEFING CITY LICENSE PLATE 3:30 P.M. ITEM # 38311 Robert Matthias, Director - Intergovernmental Relations, advised Delegate Tara in the 1993 Sessions of the General Assembly suggested a City License Plate for Iftrginia Beach and thus introduced legislation to allow the City to have special plates. As this seemed like an excellent idea, the remainder of the members of the General Assembly extended the ability to every jurisdiction within the State. Fairfax is the only jurisdiction which has come forward with an approved design. }qrginla Beach coordinated with the Advertising Design Class of Judy Doyle at VOTECH. VOTECH submitted various designs and the one chosen was displayed by Mr. Matthias. The design of the plate brings to mind images of the beach with dolphins. After approval by City Council, the Department of Motor Vehicles would devise the plate and then Powhatan Correctional Center wouM make the plate& The fee wouM be $25.00 per year in addition to the regular charge. Mr. Matthias believed this wouM result in a market penetration of approximately 5% of the vehicles registered in V~rginia Beach which entails 13,500. This is comparable to the Chesapeake Bay License Plates which sell at the rate of 17,000 plates per year. It is recommended the revenue from these plates be utilized by the I~rginia Marine Science Museum for its Stranding Program and promotion. August 23, 1994 CITY MANAGER IS BRIEFING AIRPORT ZONING 3:40 P.M. ITEM # 38312 Robert Scott, Director of Planning, advised the purpose of AIRPORT ZONING is to place the City and NAS OCEAN,,I in the best possible light for the upcoming BRACC Proceedings and to instill a regulatory approach to dealing with the land use and construction around N/IS Oceana that will reflect well on the City's efforts. Karen Lasley, Planning Operations Coordinator, advised the Code Amendments re Airport Zoning is a program designed to protect NAS Oceana and ALF Fentress from incompatible development. It was developed through input from a broad based citizen committee. AD HOC COMMITTEE ON AICUZ ZONING Sheldon Corner Tim Barrow Glenn Russell Denise Nebb Fred Napolitano H Dick Foster Dean McClain Bryan Murphy Ray Rebby Dick Paradise Barbara Ferguson Cheryl Avery-Hargrove Council of Civic Organizations Chamber of Commerce Tidewater Association of Realtors Tidewater Association of Realtors Tidewater Builders Association Tidewater Builders Association Tidewater Builders Association NAS Oceana Naval Facilities Eng. Comm - Norfolk Navy - Acoustical Engineer Planning Commission Planning Commission/Human Rights Commission STAFF Sharon Prescott Andy Friedman Sherry Hainer Karen Lasley lXanessa Valldejulli Bob Matthias Housing and Community Development Housing and Community Development Building Official Planning Department City Attorney's Office City Manager's ()ffice Mrs. Lasley summarized the amendments forming the Airport Zoning Program for the City: APPENDIX I - AIRPORT NOISE ATTENUATION/.ND SAFETY ORDINANCE Four Noise Zones: Noise Zone I - 64 Db Ldn OR LESS Noise Zone M - 65 - 69 Db Ldn Noise Zone 2 - 70 - 74 Db Ldn Noise Zone 3 - 75 Db Ldn OR GREATER Requires Acoustical Treatment Measures in accordance with the Virginia Uniform Statewide Building Code, IXolume I. Required Noise Attenuation applies only to the residential use group. Noise Zone I (Low Noise Zone) is exempt Additions to Nonconforming buildings are required to comply Disclosure is required by anyone marketing property for sale or lease Violations are mia'demeanors. Violation of the disclosure portion has a maximum fine of $250. Effective January 1, 1995 August 23, 1994 -5- CITY MAN~4GER ~S BRIEFING AIRPORT ZONING ITEM # 38312 (Continued) AMENDMENT TO SECTION 202 OF THE CITY ZONING ORDINANCE Height Regulations All structures comply with the Federal Aviation Administration Regulations Mapped AMENDMENT TO SECTION 221 OF THE CITY ZONING ORDINANCE Standards for Conditional Uses located within Airport Noise and Aircraft Accident Zones. Some Conditional Uses not compatible in certain zones. Some Conditional Uses are compatible with Noise Attenuation Does not apply to permitted uses. AMEND THE OFFICIAL ZONING MAPS Noise Zones on Zoning Maps · 4MENDMENT TO SECTION 6.3 OF THE SUBDMSION ORDINANCE Requires Disclosure Notes on Subdivision Plats when site is located in Noise Zone M, 2 or 3 or in an Aircraft Accident Zone. AMENDMENT TO SECTION 4 OF THE SITE PLAN ORDINANCE Requires Disclosure Notes on Site Plans when site is located in Noise Zone M, 2 or 3 or in an/lircraft Accident Zone. The Mayor expressed appreciation to the Staff and Members of the AD HOC COMMITTEE ON A1CUZ ZONING. This action depicts a commitment not only on the part of the City Counci~ but the community at large in an effort to maintain and protect a critical portion of the City, NAS OCEANA. The Mayor referenced correspondence from the Vice Chairman of the Human Rights Commission advising the Commission would assist to educate the citizens of Seatack regarding the Airport Zoning. The Mayor also advised receipt of correspondence dated August 22. 1994, from the Tidewater Builders Association expressing concerns relative the addition of Section 221 re procedural requirements and general standards for conditional uses. Mrs. Lasley advised Section 221 was the one item that did not have total August 23, 1994 -6- CITY MANAGER'S BRIEFING OUTDOORS PLAN - STATUS AND SCHEDULE 4:00 P. M. ITEM # 38313 Susan D. Walston, Director - Parks and Recreation. advised the Virginio Beach Outdoors Plan is currently in DRAFT form and was previously presented for review on February 22 and June 28, 1994. In addition to the initial Public Meeting held on April 21. 1994, two additional Public Meetings have been held July 26 and August 4, 1994. The final draft is to be completed by the end of September to allow for additional public review during October. The Plan is tentatively scheduled to go back to City Council for adoption on October 25, 1994. This' Plan was unanimously endorsed by the Parks and Recreation Commission and the Planning Commission. Copies of this DRAFT Plan have been distributed to various groups and copies' are available in all the Virginia Beach Public Libraries. In addition, a video on the Plan aired on VBTV during June and July. At this time the Plan has been presented to the following organizations: Parks and Recreation Commission Planning Commission Greenways, Trails' and Bikeways Committee Virginia Department of Conservation and Recreation Council of Civic Organizations Resort Area Advisory Commission V~rginia Beach Vision Pungo Kiwanis Club Back Bay W~Mlife Refuge Staff Seashore State Park Staff Virginia Beach Lions Club Virginia Beach ,Sports' Club The Plan is intended to provide an overall framework for these diverse and complex issues which often overlap and interrelate, creating diverse and coordination problems for the array of City staff, departments, private citizens, vendors' and users who are involved with the City's natural and recreational resources. The Plan is' composed of five (5) Networks: BIKEWAYS AND TRAILS GREENWA YS AND SCENIC WATERWAYS HERITAGE RESOURCES PARKS AND GOLF COURSES PUBLIC BEACH ACCESS Mrs. Walston outlined the major concerns received at the Public Hearings: Public Beach/Lesner Bridge Area Report Cover Equestrian Facilities Multi-Recreational Corridors Regional Stormwater Management Facilities Health and Economic Benefits Marketing and Education Clarify Funding Sources and Uses Shore Drive Trails Oceana NAS and Fort Story System Map and Matrix Increase Public Beach Access to State and Federal Properties Ongoing Public Participation August 23, 1994 -7- CITY COUNCIL CONCERNS ITEM # 38314 Councilman Dean referenced the City Manager's correspondence relative the status of the Dozier's and the Gum Swamp Bridge projects. The City Manager advised the City is still trying to prepare the design which will provide the highest level of safety. The City is concerned with the wetlands impact. If a Wetlands Banking Program were establishea~ this might be an ideal method to mediate those impacts by replacing a number of acres for each acre or square foot taken out of the wetlands area by the bridge realignments. The City is working with the Army Corps of Engineers to develop a compromise. The City bas worked assiduously with the regulatory agencies to address their concerns. The City Manager has spoken to the Corps to schedule a BRIEFING, if possible, on September 13, 1994. ITEM # 38315 Councilman Dean also referenced the memorandum outlining the recycling practices used by the City for various highway construction materials, such as soil, asphalt and concrete. Councilman Dean advised receipt of a concern of a Kempsville resident relative the old borrow pit off lndian River Road in Avalon Hills. This property was purchased several years ago with the developer later selling rights to the City shortly thereafter. The resident advised the borrow pit was slowly being filled in by contractors. The City Manager will provide information relative this development. ITEM # 38316 Councilman Dean referenced the Ordinance to TRANSFER $1,700,000 from Schools Renovations and Replacements (Project 1-058) to Ocean Lakes High School (Project 1-010) and Larkspur Middle School (Project 1-053) repurchases necessary to open those schools in the Fall of 1994 (ADOPTED on July 5, 1994). Councilman Dean bad requested a verbatim of this item. Impact Aid funds above $3- MILLION and Reversion funds shall be utilized for replacement of the $1,700,000 Transfer. The City Council assumed the ending fund balance would be approximately Si-MILLION. However, the preliminary ending fund balance appeared to be remaining at $500,000. If the impact aid funds remained at $3-MILLION, where would the schools receive the funds to pay back the loan? Councilman Jones suggested Council wait for the actual figures. ITEM # 38317 Councilman Branch referenced "Letters to the Editor" and advised he was impressed by Councilman Baum's response relative the Agriculture Reserve Program. August 23, 1994 -8- ITEM # 38318 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 23, 1994, at 4:42 P.M. Council Members Present: John A. Baum, Linwood O. Branch, II1, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis' R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: John D. Moss' August 23, 1994 -9- ITEM # 38319 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Firginia, as amended, for the following purpose: PERSONNEL MATTERS; Discussion or 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 2.1-344 (/1) (1). Appointments: Boar&' and Commissions: Arts and Humanities Commission Planning Council Transportation Safety Commission Virginia Beach Crime Task Force ~: Consultation with legal counsel or briefings by staff members, consultants', or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provisions of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-I4qt: Real Estate Issues - Virginia Beach Borough/Lynnhaven PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To-Wit: Real Estate Issues - Princess Anne Borough Upon motion by V~ce Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II1, Robert K~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker. Vice Mayor William D. Sessotn& Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 - 10 - FORMAL SESION VIRGINIA BE~ICH CITY COUNCIL August 23, 1994 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, August 23, 1994, at 6:00 P.M. Council Members Present: John .4. Baum Linwood O. Branch, II1, Robert K. Dean, l~lliam W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy 1~2 Parker, Pice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: John D. Moss [FAMILY VACATION] INVOCATION: Reverend David Whitten Church of Christ - Creeds PLEDGE OF ALI.F~GIANCE TO THE FLAG OF THE UNITED STATES OF AMEPJCA 'l c ndu t d 'n m r a ' Cl d a hawa in char o th o rt Precin t Ca in athaw ssed awa on rida Au ust 19 1_994, August 23, 1994 - 11 - Item III-E. 1. CERTIFICATION OF EXECUTIVE SESSION ~EM #38~0 Upon motion by Vice Mayor Sessoms, seconded by Council lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ili, Robert I,L Dean, William l,E Harrison, Jr., Barbara M. Henley, Louis. R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker. [5ce Mayor William D. Sessoms. Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 Beso u on CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38319, Page No. 9, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Rm~ Hodges S~ith, ~2MC/AAE City Clerk August 23, 1994 - 12 - Item III-F. 1. MINUTES ITEM # 38321 Upon motion by I4ce Mayor Sessoms, seconded by Council Lady Parker, City Council .aPPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 9, 1994. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, 111, Robert K Dean, 14fflliam W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa l!~ Strayhorn Council Members Voting Nay: Council Members Absent: John D. Moss August 23, 1994 - 13 - [tern H-G. 1. PRESENTATION ITEM # 38322 RESIDE WITH PRIDE Allen B. Hartman, Co-Chair - Reside With Pride, presented the 1994 Annual Report, Mr. Hartman advised Reside With Pride has received tax-exempt status and is now a 501 C4 incorporated organization. $8,114 Check Off for Housing Grant has been received from the l~rginia Department of Housing and Community Development. This year, Reside With Pride has been able to expand their activities beyond their Awareness Week. The National Guard will be conducting a project within the next month. Reside With Pride is in the process of networking with other organizations within the City sharing similar goals and aims. John J. Kunz, Co-Chair - Housing Improvements, referenced the Awareness Week City-wide trash pickup. The Committee arranged with Waste Management to have special curbside pickups of trash for two weeks. Volunteers from civic organizations, military groups and other volunteers work together to assist home owners in making their homes better. Typical repairs' made by the volunteers include exterior house painting, replacing roofs, repairing screens, cleaning up yards, repairing fences, replacing deteriorated wood, replacing widows and other general exterior repairs. Over thirty applications were received this year. Mr. Kunz, through the utilization of slides, displayed examples of these repairs. This year's projects completed throughout the City in Kempsville (3), Bayside (3), Princess Anne (1) and Lynnhaven (1). Other repair projects are anticipated during the remainder of this calendar year. Sergeant Keith James presented the report of the Codes, Publicity and Fund Raising Subcommittees. The Codes Committee is to advise the City of V~rginia Beach regarding existing and needed ordinances, codes or programs that affect the physical quality of neighborhoods. In November 1993, the City Council identified a growing problem of private property being vandalized with graffiti. The Codes Committee was asked to investigate and recommend actions. The "Graffiti Task Force" included representatives from the Police Department, the ,~eriff, the Public Works Department, the Juvenile Court System and concerned Civic Leagues. Over the course of several months, the Committee learned about graffiti abatement programs in other cities, discussed many specific actions and developed a plan for graffiti abatement that is now in use. In addition, a program of public information and a graffiti hot line were established in order to inform the public and receive reports' of graffiti incidents. During 1994-1995. the Committee plans to address the problem of maintaining the cleanliness of neighborhood streets' and review the progress of the graffiti program and inoperable vehicle enforcement. The Publicity Committee's accomplishments have included communication through print (The Virginian- Pilot and the Ledger Star, Beach Advisory, The Navy News, the Virginia Beach Sun and Kempsville exclusive as well as a wide variety of Civic League newsletters), television (WCOX Channel 11 taped and aired an interview between Irvine Hill and Reside With Pride Board Members), and radio (many stations' recorded Reside With Pride public service announcements). The Committee is' investigating assimilating a public service brochure containing codes relative preserving property values. Concerning Fundraising, Sergeant James cded the following accomplishments: $2,350 - Raised from local financial institutions. $ 250 - Donated by the Fraternal Order of Police. $5,500 - Donated building materials $8,114 - Check Off for Housing from Virginia Department of Housing and Community Development Grant. August 23, 1994 - 14 - Item H-G.I. PRESENTATION ITEM # 38322 (Continued) RESIDE WITH PRIDE Allen B. Hartman introduced those Board Members in attendance: Priscilla Beede Co-Chair Reside With Pride John Kunz Co-Chair - Housing Improvements Dr. Elsie Barnes Co-Chair - Codes Committee Sarah Baumgardner Co-Chair - Public Relations Helen Shropshire Co-Chair - Public Relations Mayor Oberndorf extended appreciation to the Committee for their unselfish and untiring commitment in assisting citizens. August 23, 1994 - 15 - Item III-H. CONSENT ~4GENDA ITEM # 38323 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City in ONE MOTION, Items 2, 3 and 4 of the CONSENT AGENDA. Council ~IPPROVED Rem III-G. 1 was pulled for a separate vote VOting.. 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert P2 Dean, William I~ Harrison, Jr., Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William i). Sessorns, Jr. and Louisa l~ Strayhorn Council Members Voting Nay: None Council Members Absent.. John D. Moss August 23, 1994 - 16 - Item III-H. 1 CONSENT AGENDA ITEM # 38324 Upon motion by Council Lady Henley, seconded by Councilman Baum, City Council ADOPTED, AS AMENDED: Ordinance to AMEND and REORDAIN Sections' 12-3, 12-4, 12-5, 12-25, 12-27, 12-28, 12-30, 12-41, 12-42, 12-43 and 12-44; ana~ ADD Sections 12-25.1, 12-28.1, 12-43.1, 12-43.2, 12-43.3, 12-43.4 and 12-43.5 of the Code of the City of Virginia Beach, Virginia, re fire prevention and protection. *Page 3, Section 4 shall be AMENDED to read: (4) Fires may be set in the course of agriculture operations in growing crops, including timber, or raising fowl or animaly;, ...... of ..... ....... o/ fre .................. by ......... d~h D~r ,,f .................... burnine shall conform to reauirements established by the chief of fire protection, the state forester, and the Devartment q£ E, nvironmental Oualitv (Air Division). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf. Nancy K~ Parker, Vice Mayor William I). Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss' August 23, 1994 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND AND REORDAIN~~, ,~ ~$' Fc ~"CY AJ D FORM SECTIONS 12-3, 12-4, 12-5, 12-25, __~/m~/~~~,~ 12-27, 12-28, 12-30, 12-41, 12-42, 12-43 AND 12-44 AND ADD SECTIONS 12- CI~/A~NEY-- 25.1, 12-28.1, 12-43.1, 12-43.2, 12- 43.3 12-43.4 AND 12-43.5 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO FIRE PREVENTION AND PROTECTION. 10 11 12 13 14 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 12-3, 12-4, 12-5, 12-25, 12-27, 12-28, 12-30, 12-41, 12-42, 12-43, and 12-44 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained, and Sections 12-25.1, 12-28.1, 12-43.1, 12-43.2, 12-43.3, 12-43.4 and 12-43.5 are hereby added, to read as follows: 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Section 12-3. prohibited; exceptions. Open burning 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O 71 ~A ;--- ' thc ........ fi to ....... ssntaln:ng _~ grass ol ~..~ ..fl ...... abl ........... -~--~-~- cf sprcadlng ~-~, 1 ........ t d~- ......... ~ ........... cmplcycc~. ~' .... = ~ ............... ~ ~-'= ~ ........................ shall ~ .... ~ ~ ~-- ~ ~1 ' misdcmcanor (a) Except as othe~ise provided in this section, no person shall i~nite or maintain, or cause or pe~it to be i~nited or maintained, any open fire on public or private property outside any building. Salvaqe, demolition operations or disposal of wastn materials by burninq is prohibited. (b) Exceptions. (2) (3) Open fires may be set in the performance of official duties by the chief of fire protection or his desiqnee when necessary for any of tho followinq purposes: a_~. For the abatement of a fire hazard which can not be abated by other means; b~ For traininq in firefiqhtinq or for research in control of fires under supervision of the chief of fire protection or his desiqnee; In emerqency or other extraordinary circumstances when open burninq is determined by the chief of fire protection to be in th~ public interest. Fires may be used for cookinq food, provided smoke violation or other nuisance is created. no Salamanders and similar heatinq devices may be used for heatinq by outdoor workers provided no smoko hazard or other nuisance is created and provided 2 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 that such devices are used not less than fifteen (15) feet from any structure. (4) Fires may be set in the course of aqricultura] operations in qrowinq crops, includinq timber, or raising fowl or animals. Such burninq shall conform to reauirements established by the chief of firm protection, the state forester, and the Department of Environmental Quality (Air Division). (5) Open fires may be set, other than on any sand beaches, for recreational purposes, or for ceremonial occasions, provided that no smok~ violation or nuisance is created. (6) Open burninq shall be prohibited for land clearinq, except aqriculture operations. However, thm provisions of this section shall not prohibit controlled force-air pit burninq of brush, leaves and trees from land clearinq operations conducted under authority of a permit issued by the chief of fire protection or his desiqnee; provided that such burninq shall be in conformance with procedures approved by the chief of fire protection and the Department of Environmental Quality (Air Division), and shall be immediately terminated upon revocation of such permit. Compliance with the provisions of this subsection shall not exempt any person from any damaqes or liability which may result from such open burninq, nor exempt any person from adherence to all applicable laws, ordinance and requlations and orders of the chief of fire protection and th~ state forester. (c) Any person violatinq any provision of this section shall be ~uiltv of a Class 1 misdemeanor. ~-' mill- 3 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 Section 12-4. Onen burnina; additional considerations. (a) Open burning where permitted by this chapter, shall b~ constantly monitored until the fire is extinguished. Fir~ extinguishing ec[uipment shall be available for immediate use. (b) The chief of fire protection shall prohibit open burning, otherwise lawful, when smoke may cause reduced visibility on any highway, or when emissions or odors may constitute a hazard or nuisance. The chief of fire protection shall order the 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 extinguishing by the permit holder or other responsible person, or by the fire department, of any fire which creates such a hazard or nuisance, or if adjacent property is considered to be endangered. Section 12-5. Fires on beaches. It shall be unlawful and a Class 1 misdemeanor for any person to set fire to or to procure another to set fire to any wood, brush, logs, leaves, grass, debris or other flammable material at any time on thc any sand beach of the city Atlantic Occan cxtcn~in~ of ~uch burning. 4 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 Section 12-25. Fire marshal, deputies and assistants. (a) The chief of fire Drotection shall be the fire marshal. (eh) Within the department of fire protection, there shall be appointed by the fire -~-= marshal, a ~ ...... ~ ~-~ ...... such deputies and assistants as may be necessary. These deputies and assistants -~ ~- A_~ .... ~~ -~ ..... , ........ y shall have the same powers and perform the same duties as the fire marshal, at his direction or in his absence. The fire marshal shall be responsible for the enforcement of the fire prevention code adopted referenced by section 12-41 of this code, this chapter, and related laws of the city and state, and for the investigation and prosecution of all cases of alleged arson and other fire related incidents suspected to involve criminality. (~) In making such investigations, the fire marshal may issue a summons directed to the sheriff of the city commanding him to summon witnesses to attend before the fire marshal, or his authorized designee, at such time and place as he may direct. Any such officer to whom the summons is delivered shall forthwith execute it and make return thereof to the fire marshal at the time and place named therein. Any witnesses on whom such summonses are served may be compelled by the fire marshal to attend and give evidence, and shall be liable in like manner as if the summonses had been issued by a magistrate in a criminal case. They shall be sworn by the fire marshal before giving evidence and their evidence shall be reduced to writing by him or under his direction and subscribed by them, respectively. (e~_) The fire marshal~ and his deputies and assistants, before entering upon their duties, shall respectively take an oath before any officer authorized to administer oaths, faithfully to discharge the duties of such office. A certificate of the oath shall be returned to and preserved by the clerk of circuit court. (et_e) The fire marshal~ and his deputies and assistants shall have the authority to arrest, to procure and serve warrants of arrest and to issue summonses in the manner prescribed by law, for 5 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 violations of chapter 12 of the city code and fire safety and related ordinances and laws of ~ the city and stat~. The authority granted in this section shall not be exercised until such person has satisfactorily completed a training course for fire ~ marshals and their assistants, which course shall be approved by the Virginia Fire Services Board. (e_f) The fire marshal and his ~ ~ deputies and assistants shall have the same powers as a sheriff police officer~ or law enforcement officer. ~he investigations of all alleged offenses pursuant to ~cti~n~ 27 ......... ~ Title 27 of the Code of Virginia, as amended~ shall be the responsibility of the fire marshal or his designee. The police powers granted in this section shall not be exercised by the fire marshal or any ~ deputy or assistant until such person has satisfactorily completed a course designed for fire ~ marshals with police powers, and approved by the Virginia Fire Services Board. In addition, such person with police powers shall continue to exercise those police powers only upon and partlclpatlo in, and satisfactory completion of, in-service advanced courses as shall be required and approved by the Virginia Fire Services Board. ection 12-25.1. R~qh~ of entry ~o inveetia&~e ~elemses o~ h&~&~dOUS materi&l, hazardous waste, o~ requla~ed substances. The fire marshal shall have the right to enter upon any property from which a release of any hazardous material, hazardous waste, or regulated substance, as defined in section 10.1-1400 or section 62.1-44.34:8 of the Code of Virginia, has occurred or i$ reasonably suspected to have occurred and which has entered into the ground water, surface water or soils of the countY0 city or town, in order to investigate the extent and cause of any such release. If, in undertaking such an investigation, the fire marshal makes an affidavit under oath that the origin or cause of any such release is undetermined and that he has been refused admittance to the property, or is unable to gain permission to 9nter the propertY, anY maaistrate of the city may issue an 6 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 investigation warrant to the fire marshal authorizing him to enter such property for the purpose of determinin~ the origin and source of the release. If the fire marshal, after ~ainin~ access to any property pursuant to such investigation warrant, has probable cause to believe that the release was caused by any act constitutin~ a criminal offense, he shall discontinue the investigation until a search warrant has been obtained or consent to conduct the search has otherwise been given. Seotion 12-27. Authority of chief or other office in charge when answering alarm or extinguishing fire. (a) While the department of fire protection ~ th=r==f or any volunteer fire ~Pa~t-me~ company in the city is in the process of answering an alarm of fire or ...... ~ ........ ~ ~ operating at an emergency incident where there is imminent danger or the actual occurrence of fire or explosion or the uncontrolled release of hazardous materials which threaten life or property and returning to the station, the chief of fire protection or other officer in charge of such department or company at that time shall = -^ emergency incident have the authority to maintain order at the ~i~ or its vicinity, direct the actions of the firefighters at the firc ~, keep bystanders or other persons at a safe distance from the firc incident and firc emergency equipment, facilitate the speedy movement and operation of ~ emergency equipment and firefighters, cause an investigation to be made of the origin and cause of the incident and, until the arrival of a police officer, direct and control traffic, in person or by deputy, and facilitate the movement of traffic. The chief of fire protection or other officer in charge shall display his firefighter's badge or other proper identification. Notwithstanding any other provision of law, this authority shall extend to the activation of traffic- control signals designated to facilitate the safe egress and ingress of ~ emergency equipment at a fire station. (b) Any person refusing to obey the orders of the chief o__f firr~ion or his deputies or other officer in charge at the time, given pursuant to this section ~ shall be guilty of a Class 7 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 28O 281 4 misdemeanor. ~-~ .......... ~-~' ....... ................ ~ ....... ). The chief of fire protection or other officer in charge shall have the power to make arrests for violation of the provisions of this section. Section 12-28. Interference with firefightersT, ec~uiDment, etc. (a) It shall be unlawful for any person to assault or injur,- any firefi~hter who is in the performance of official duties. (b) It shall be unlawful to interfere with, obstruct oY restrict the mobility of, or block the path of travel of any fir.. department emerqencv vehicle or other fire fi~htinq or rescum e~uiDment, or to interfere with a firefiqhter in the discharqe of his duty, or to interfere with, obstruct or hamper any firn deDartment operation. (c) It shall be unlawful for any person to damage, deface ov render inoperable any fire department emerqency vehicle or fir,, fi~htin~ eouiDment or apparatus without lawful authority (d) Any person violatinq any provision of this section shall be ~uilty of a Class 1 misdemeanor Section 12-28.1. Impersonatinq fire fiqhter, etc. It shall be unlawful and a Class 3 misdemeanor for anv person willfullv to ~m~ersonate any firefiqhter, fire marshal or othez fire official. Section 12-30. Authority of department to furnish copies of records, and fees thereof. (a) The department of fire protection is hereby authorized to furnish photostatic copies of fire reports and to allow fire reports to be viewed by proper persons consistent with thm provisions of the Virqinia Freedom of Information Act, Viroini,~ Code section 2.1-347. 8 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 (b) following fees shall be charged: For the services mentioned in subsection (a) above, the (1) Photostatic copy of fire incident report ......... (2) Photostatic copy of fire inspection report ....... (3) ~"~--_~..~ Accessing fire report to review only $3.005.00 .... 5.00 · $3.00 section 12-41. Adopted. Pursuant to the provisions of Chapter 9, Title 27 of the Code of Virginia, ~---~--~ ~ ~---~"~-~ b" ~ ~-- -~ ~ .......... = ~ ......... g ......... ~ ............ hazardcu~ tc lif~ .... ~= .............. ~ios:s~, the department of fir~ protection is designated and authorized to enforc~ that certain code known as the Virginia Statewide Fire Prevention Code, ........ , as promulgated by the Board of Housing and Community Development of the Commonwealth of Virginia, save and except such portions as may be modified or amended in this article, of which code....-~ less than ~-~..~ ~,'°' ~-~-~-- have a copy has been and arc is now filed in the office of the city clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein and the provisions thereof shall be controlling within the limits of the city. Section 12-43. Amen4ments. ~-~ ~ .... ~ f rth th (a) As authorized by section 27-97 of the Code of Virginia, the following provisions of the Virginia Statewide Fire Prevention code are hereby adopted and amended (b) Section F--~4~b~ F-403.1 is hereby added amended to read as follows: Section ~)i---_~ F-403.1. Open Burning: Open burnin~ shall be conducted in accordance with the laws and regulations set forth by the Department of Environmental Quality (Air Division). th¢~ 9 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 Department chapter. of Forestry, and sections 12-3 throuqh 12-5 of this Prvk~bit -~ .... ' - 10 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 crcatad. may bs used for ~--- ~-' ....... ~- -A~ other than ~- the sand ........ , ................ purpcscs sr for -"" ..... ~- created bast 11 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 e~t~ cf tho -;~ ..... ~ Vir nla ...... , thc ~ ~ ' inter c=..d.tl= ......... z _~ proscribed ~" thc Stats Air (d) Eff_~tivc ~-~" m~-' ' - cff~-tl~- -- September i, 1 .... firs from firs Eurning tl gcc =n ..... 2. ~pc --ti-- ~ '~= ~ ~-~.-~-- Repair --= Lay up Shipbuilding, (19 ........ ' " ~ "~ th- -ffic- ~f Art_~l Pret~t .... C~d~ is 12 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 section 12-43.1 Shiobuildinao reualr and lay-up. ShiDbuildina. repair and lay-up facilities shall be in conformance with National Fire Protection Association Pamphlet 312 (1990 edition) which is hereby adopted and incorporated herein, of which a CODY has been and is now filed with the office of the city clerk. section 12-43.2. Fireworks and PYrotechnic displays unlawful; exceptions. (a) ExcePt as otherwise provided in this section it shall be unlawful for any person to transport, manufacture, assemble, store, sell. offer or disPlaY for sale, or to buy, use, possess, ignite or explode any firecracker, torpedo, sky rocket, sparkler, or other substance or device that contains any explosive or flammable compound or substance, and is intended or commonly known as fireworks, and which explodes, rises into the air or travels laterally, fires pro%ectiles or discharges sparks into the air. (b) The provision of this section shall not be applicable to any organization or group of individuals which has been granted a permit by the fire official for the public or private display of fireworks or pyrotechnics, provided that such fireworks are stored, handled, transported and used in compliance with the terms and conditions of such permit. (c) The fire marshal or any law enforcement officer shall be authorized to seize, take, remove or cause to be removed, at the expense of the owner, all fireworks offered or exposed for display or sale. stored or held in violation of this section. (d) Violation of any provision of this section shall constitute a Class 1 misdemeanor. Section 12-43.3. Accumulations of waste. (a) Accumulations of wastepaper, wood, litter or combustible or flammable waste or hay, straw, weeds, rubbish of any kind 449 450 451 452 shall not be permitted to remain upon any roof or in any court, yard. vacant lot, alley, parking lot, open space, beneath a Grandstand. pier, wharf or other similar structure. All weeds, Grass, vines or other growth, when same endangers property or is 13 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 liable to be fired, shall be cut down and removed by the owner ok occupant of the property. (b) All combustible rubbish, oi1¥ rags or waste material, when kept within a building, shall be stored in approved containers. Storage shall not produce conditions that, in th,, opinion and judgement of the code official, will tend to create ,, nuisance or a hazard to the public health, safety or welfare Section 12-43.4. Storaqe of combustible or fl-%~able materials. (a) General: The storage of combustible or flammabl,. materials shall be confined to approved storage areas. (b) Inside storage: Storage in buildings and structures of combustible or flammable materials, where otherwise permitted, shall be orderly, shall not be within 2 feet of the ceiling, and shall be located so as not to obstruct egress from the building. (c) Outside storage: The outside storage of combustible o'~ flammable materials shall not be more than 20 feet in height and shall be compact and orderly. Such storage shall be located so a:~ not to constitute a hazard and shall not be less than 15 feet fro,,, any other building on the site or from a lot line. section 12-43.~ Filling stations; attendant required. No qasoline or other motor fuel shall be dispensed at or any Public filling station or other facility open to the Dublin: unless there is an attendant on duty at all times when fuel dispensed. Section 12-44. Appeal from action or decision under code. Whenever an application for a permit has been disapproved or not granted or when it is claimed that the provisions of the fire prevention code adopted in this article do not apply or that the true intent and meaning in such code have been misconstrued or wrongly interpreted, the applicant or person aggrieved may appeal such refusal or decision to the Board of Building Code APPeals. 14 485 486 Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day of August , 1994. 487 488 489 490 CA-4343 DATA%ORDIN%NONCODE%12-O03ET.PRO R-10 AUGUST 23, 1994 15 -17- Item III-H. 2 CONSENT AGENDA ITEM # $8525 Upon motion by Vice Mayor Sessotns, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $10,488 Grant from the Commonwealth of Virginia, Department of Criminal Justice Services, in the FY 1994-1995 Operating Budget of the Police Department re cultural awareness, and diversity training to criminal justice professionals, e.g., law enforcement and juvenile intake. Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy lC Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Council Members Absent: John D. Moss August 23, 1994 ORDINANCE TO ACCEPT AND APPROPRIATE $10,488 IN GRANT FUNDS FROM THE COMMONWEALTH OF VIRGINIA, DEPARTMENT OF CRIMINAL JUSTICE SERVICES IN THE FY 1994-95 OPERATING BUDGET TO ALLOW THE POLICE DEPARTMENT TO PROVIDE CULTURAL AWARENESS AND DIVERSITY TRAINING TO CRIMINAL JUSTICE PROFESSIONALS 1 2 WHEREAS, the Commonwealth of Virginia Department of Criminal Justice Service has provided a continuation grant for cultural awareness and diversity training for criminal ~stice professionals, 3 4 WHEREAS, this program is designed to develop a state-wide model for cultural awareness training, and 5 WHEREAS, there is no City match required. 7 8 9 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $10,488 in Commonwealth of Virginia, Department of Criminal Justice Services grant funds be accepted and appropriated in the FY 1994-95 Operating Budget of the Police Department for provision of cultural awareness and diversity training. 10 11 BE IT FURTHER ORDAINED, that FY 1994-95 estimated revenues from the Commonwealth be increased by $10,488. 12 13 1994. Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day of August, APPROVED AS TO LEGAL SUFFICIENCY Approved as to Content Resource and Management Services Administrator Management and Budget - 18 - Item III-H. 3 CONSENT AGENDA ITEM # 38326 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way of Lakeview Drive to Jack F. and Linda L. Price re maintenance of an existing chain link fence and appropriate landscaping (BAYSIDE BOROUGH) The following condition shall be required: 1. Applicant shall install and maintain Category ()ne landscaping. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss Au~23,19~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 40 41 42 43 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF LAKEVIEW DRIVE TO JACK F. PRICE AND LINDA L. PRICE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in Section 15.1-893, Code of Virginia, 1950, as amended, Jack F. Price and Linda L. Price, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment into the right-of-way of Lakeview Drive. That the temporary encroachment herein authorized is for the purpose of constructing and maintaining a chain link fence and landscaping and that said encroachment shall be maintained in accordance with the City of Virginia Beach Public Works Department's specifications as to size, alignment and location, and further that such temporary encroachment is more particularly described as follows: An area of encroachment into a portion of the City's right-of-way known as Lakeview Drive, on the certain plat entitled: "PHYSICAL SURVEY OF LOT 235 SECTION-B LAKEVIEW SHORES VIRGINIA BEACH, VIRGINIA FOR JACK F. PRICE & LINDA Lo PRICE," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description. PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach ~o Jack F. Price and Linda L. Price, their heirs, assigns and successors in title and that within thirty (30) days after such notice is given, said encroachment shall be removed from the City's right-of-way of Lakeview Drive and that Jack F. Price and Linda L. Price, their heirs, assigns and successors costs and expenses of such removal. AND, PROVIDED FURTHER, that it and agreed that Jack F. Price and Linda in title shall bear all is expressly understood L. Price, their heirs, 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 assigns and successors in title shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such encroachment. AND, PROVIDED FURTHER, that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such time that Jack F. Price and Linda L. Price execute an agreement with the City of Virginia Beach encompassing the aforementioned provisions. Adopted by the Council Virginia, on the 23 day of of the City of Virginia Beach, August 94 19 59 07/19/94 60 PHA/tga 61 ANNAS\PRICE.ORD ,~ROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY THIS AGREEMENT, made this /C~day of ~ , 19 ~, by and between the CITY OF VIRGINIA BEACHTVIRGINIA, a municipal corporation, party of the first part, and Jack F. Price and Linda L. Price, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, party of the second part. W ITNES SETH: That, WHEREAS, it is proposed by the party of the second part and maintain a 3.5' chainlink fence and landscaping in the City of Virginia Beach; and Wq~EREAS, in constructing and maintaining such 3.5 chainlink fence and landscaping, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Lakeview Drive; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such 3.5' chainlink fence and landscaping within a portion of the City's right-of-way known as Lakeview Drive. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in h~nd paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's right-of-way known as Lakeview Drive for the purpose of constructing and maintaining such 3.5' chainlink fence and landscaping. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the city's right-of-way known as Lakeview Drive as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 235 SECTION-B LAKEVIEW SHORES VIRGINIA BEACH, VIRGINIA FOR JACK F. PRICE & LINDA L. PRICE," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the encroachment herein authorized shall terminate upon temporary notice by the city of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's right-of-way known as Lakeview Drive by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of 2 such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Highway Inspections Bureau prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond and show proof of public 3 liability insurance of a minimum of Three Hundred Thousand Dollars ($300,000.00). It is further expressly understood and agreed that any above ground encroachments shall conform to the minimum setbacks requirements, as established by the City Traffic Engineer's office. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the encroachment, if required by either the City Engineer's office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be 4 made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS W~EREOF, Jack F. Price and Linda L. Price, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH (SEAL) ATTEST: City Manager/Authorized Designee of the City Manager City Clerk ,,~J~PROVED AS TO CONTENT 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: , a Notary Public in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER PURSUANT TO SECTION 2-154 OF THE CITY CODE, whose name is signed to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of , 19 [! My Commission Expires: !1 Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on 6 SCALE : I': 200' ENCROACHM SITE LOCATION MAP OF FENCE ENCROACHMENT SITE FOR JACK F, AND LINDA Lo PRICE Prepored by Eng /O~f.- 6121/94 ..._T_HIS_.SI~R~J~. I$ BASED ON A PL~T RECDRDED IN THE CLERK'S OFFICE 0~ THE CIRCUIT COURT OF THE CITY ~ BEACH~ VIRGIqlA IN.._.~[B__O~ 44 AT PAO~ 9 . p~l~AOL--,...--,.,ll~l~T I~_0~1_ ..... , .SURVETEOTHE Pf~OI~.RT¥ $1'IOWN ~R~ON, Am THAT TH~ TITLE LINES ~.TS ARE AS S~IOF~N ON THIS PLAT. THI~ IIPROVLI~I)ITS STAN~ STRICTLY WIT. THE TITLE LIN~S THER~ ARE NO E?JCROACHMEHTS OR YIS~LE EASEMENTS EXCEPT AS SHOWN. THE PRgP~:RTY EMBRACED RITI-IIN THE LIMITS OF THIS SURVEY APPF. AR TO LIE mTHIN FLOOD ZONE C ACCORDING TO FEO~RAL EMERG~NCT MJ~IAGEMENT AGENCY - NATIONAL FLO00 INSURANCE PROGflAU COU¥~..INfT¥ OATED ~I/I7/RR THI~ SURVEY P~.A~URMED WITHOUT BEHEFIT OF CURRENT TITLE REPORT AND CDNSEOU~NTLY MAY NOT DEPICT ALL TITLE UATTERS AFFECTING THE PROPERT~r SNOWH HEREON. THE EXISTEN~E~iflAZAROOUS WASTES, VEGETATED RETLAN'~S, OR TIOAL R[TLAHDS, WAS NEITHER ~VESTIGATED NOR COHFIRM~D ~ THEPERFORt,4ANC. E OF TI*IlS SURVEY. · 2:54 235 -- DENOTES I.PIN (r) 1~6.~0 3.5' CHAIN LINK FENCE (TYP _8.¢ ~ METAL SHED ~256 25§ -0 ¢ ~ FENC 27.6' I-STORY BRICK DWELLING 68.z' SHAMROCK A= 119.50' R -' 560.OO' AVENUE (50' R/W) PHYSICAL SURVEY OF LOT 2:55 SECTION - B LAKEVlEW SHORES VIRGINIA BEACH, VIRGINIA FOR dACK F. PRICE ~ LINDA L. PRICE Land Surveyors ~ i254 Wfnfol Orlv® Chesopeok®, Vlrotnlo 2:~320 (804) 482 - 0474 G R A P H lC S C A L E IN F E E T ' hi bJ v J A = 33' EDDIE I~ WHITE No. 001M o4.o/-D F SCALe'O'! I' '- 30' 12d 15o' - 19- Item III-H. 4 CONSENT AGENDA ITEM # 38327 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $25,828.84 upon application of certain persons and upon certification of the City Treasurer for payment. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert tC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker. Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 cORM NO. C.A. 7 7/29/94 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CiTY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera. Date Penalty Int. Total Year of Tax Number tion No. Paid Charles D & Elizabeth White 94 RE(2/2) 125605-] 6/10/94 35.67 Charles H Jr & Carole G~aize 94 RE(2/2) 43528-0 6/27/94 94.53 Paul V & Sandra Battaglia 92 RE(l/2) 6740-1 12/20/91 96.44 Paul V & Sandra Battaglia 92 RE(2/2) 6740-1 6/4/92 86.98 Paul V & Sandra Battaglia 91 RE(l/2) 6808-1 12/3/90 281.46 Paul V & Sandra Battaglia 91 RE(2/2) 6808-1 6/4/91 281.46 Paul V & Sandra Battaglia 93 RE(l/2) 6815-0 12/5/92 297.28 Paul V & Sandra Battaglia 93 RE(2/2) 6815-0 6/5/93 297.28 Margaret A Drummond 92 RE(l/2) 31610-6 12/3/91 2,186.04 Margaret A Drummond 92 RE(2/2) 31610-6 5/21/92 2,186.04 Margaret A Drummond 92 RE(l/2) 31609-9 I2/3/91 4,069.84 Margaret A Drummond 92 RE(2/2) 31609-9 5/21/92 4,069.84 Margaret A Drummond 91 RE(l/2) 31402-9 12/30/90 2,069.71 Margaret A Drummond 91 RE(2/2) 31402-9 6/3/91 2,069.71 Margaret A Drummond 91 RE(l/2) 31401-0 12/3/90 3,853.28 Margaret A Drummond 91 RE(2/2) 31401-0 6/3/91 3,853.28 Total 25,828.84 This ordinance shall be effective from date of adoption. The above abatement(si totaling $25.t-8-28_~8_4 ._ were approved or the Councii of the City of Virgini3 Beach on the_2?.day of August, t994 Ruth Hodges Smith City Clerk Certifled as to paymeitt; J,)h~ T~ At~-h~so-n'.-~Te-asu-rer - Approved as to form: - 20 ~ Item III-L1. RESOLUTIONS/ORDINANCE ~EM#3~28 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council ADOPTED: Resolution re the modification of $350,000 Industrial Development Revenue Bonds issued in 1980 to Birchwood Associates re adjustment of interest rate and monthly payment terms'. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms', Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss' August 23, 1994 1 2 3 A meeting of the Council of the City of Virginia Beach. Virginia, was held in the Council Chambers, in the Administration Building, on the 23rd day of August, 1994. A RESOLUTION APPROVING INDUSTRIAL DEVELOPMENT BIRCHWOOD ASSOCIATES THE MODIFICATION OF REVENUE BONDS FOR 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the City of Virginia Beach Development Authority (the "Authority,,) issued its $350,000 1980 Industrial Development Revenue Bonds (Birchwood Associates Facility) (the "Bonds,,) for the benefit of Birchwood Associates, a Virginia general partnership (the "Company,,); WHEREAs, the Bonds are still outstanding and Commerce Bank will be the future owner thereof (the "Holder,,) and of the Company,s related promissory note (the "Note,,); W~EREAS, the Company, the Guarantors of the Bonds, and the Holder have agreed to amend the interest rate and payment terms on the Bonds effective August 1, 1994; WHEREAS, the Holder desires to exchange the Bonds and have a single bond executed and delivered by the Authority, which bond shall be in the principal amount equal to the aggregate outstanding principal amount of the Bonds on the date of such exchange; WHEREAs, to effectuate the amendment of the Bonds and such exchange, the Authority has been requested to authorize the execution and delivery of an Exchange and Modification Agreement dated as of August 1, 1994, between the Authority, the Company, and the Guarantors (the "Agreement,,); WHEREAS, the Authority duly held a public hearing with respect to the Bonds on August 8, 1994; and WHEREAS, a copy of the Authority,s resolution approving the Agreement, and a reasonably detailed summary of the comments expressed at the public hearing with respect to the Bonds, have been filed with the Clerk of the Council. 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OS OF VIRGINIA BEACH, VIRGINIA: 1. The recitals made in the preamble to this Resolutio~ are hereby adopted as a part of this Resolution. 2. The Council of the City of Virginia Beach, Virginia, approves the execution and delivery of the Agreement by the City of Virginia Beach Development Authority to assist the Company, to the extent of and as required by the Internal Revenue Code of 1986, as amended (the "Code"). 3. The adoption of this Resolution does not constitute an endorsement of the Bonds or the creditworthiness of the Company, and the Council is advised that pursuant to Chapter 643, Virginia Acts of Assembly of 1964, as amended, the Bonds provide that neither the City nor the Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City, or the Authority shall be pledged thereto. 4. This Resolution shall take effect immediately upon its adoption. Adopted by the Council of the city of 23 August Virginia, on the day of , 1994. Virginia Beach, 53 54 55 56 CA-5695 ORD IN \ NONCODE \ BIRCH . RES R-1 PREPARED: 08/16/94 2 - 21 - Item 111-1.2. RESOLUTIONS/ORDINANCE ITEM# 38329 Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, suggested the funds be utilized to eliminate personal property taxes on automobiles and tolls. Upon motion by Vice Mayor Scssom.~', seconded by Councilman Harrison, City Council ADOPTED, AS AMENDED*: Resolution to request the Virginia Department of Motor Vehicles adopt a special Virginia Beach license plate design and promote the sale of such plates, dedicating the revenue to the V~rginia Marine Science Museum for the first year only. *The revenue received each y~ar the first year by the City from the sale of such plates shall be utilized by the Virginia Marine Science Museum for its Stranding Program and .for promotion of the Museum, and revenues received in subsequent years shall be allocated by the City Council for special t~rojects or worthy causes as it determines. Voting: I0-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 1 2 3 4 5 6 7 8 9 10 11 12 A RESOLUTION REQUESTING THE DEPARTMENT OF MOTOR VEHICLES TO ADOPT THE ATTACHED DESIGN FOR A VIRGINIA BEACH LICENSE PLATE AND PROMOTE THE SALE OF SUCH PLATES, AND DEDICATING THE REVENUE RECEIVED FROM SUCH PLATES TO THE VIRGINIA MARINE SCIENCE MUSEUM WHEREAS, the General Assembly, through the sponsorship of Virginia Beach Delegate Robert Tata, adopted legislation that would allow localities to have a special license plate with a local design adopted and sold by the Department of Motor Vehicles; WHEREAS, the legislation provides that $15 of each $25 annual fee will be paid to the locality whose design appears on the 13 14 15 16 17 18 plate; WHEREAS, it is expected that, with the proper marketing, over $150,000 per year could be realized by the city of Virginia Beach through the sale of such plates; WHEREAS, the proposed design brings to mind some of the key attractions of the City such as good, clean fun and the ocean; 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 and WHEREAS, the Virginia Marine science Museum promotes those city attractions. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Department of Motor Vehicles is hereby requested to approve for sale throughout the Commonwealth of Virginia a special license plate for the City of Virginia Beach with a design as shown on the attached exhibit, depicting dolphins leaping over a rising sun. BE IT FURTHER RESOLVED: That the revenue received the first year by the city from the sale of such plates shall be utilized by the Virginia Marine science Museum for its Stranding Program and for promotion of the Museum, and revenues received in subsequent years shall be allocated by the city Council for special projects or worthy causes 35 as it determines. 36 37 Adopted by the Council of the city of Virginia Beach, Virginia, on the 23rd day of August, 1994. 38 39 40 41 CA-5692 ORDiN~NONCODE~LICENSE · RES R-3 August 24, 1994 O < O i O 0 - 22 - Item 111-1.3. RESOLUTIONS/ORDINANCE ITEM # 38330 Upon moa'on by Councilman Baum, seconded by Council Lady Henley, City ounctl ADOPTED: C ' Ordinance to establish the Agricultural Advisory Commission to review issues of special interest to the rural and agricultural area of the City. Council Members John A. Baum and Barbara M. Henley shall serve as Liaisons to the ommtsston. Vo tYn g.. 10-0 Council Members Voting Aye: John ~4. Baum, Linwood O. Branch, II1, Robert lC Dean, William I~ Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy tC Parker, Vice Mayor William D. Sessom~., Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 ~PPROVED AS TO LEGAL AN ORDINANCE TO ESTABLISH THE~ CITY ATTORNEY AGRICULTURAL ADVISORY COMMISSION Wq{EREAS, citizens living in the rural area of the City are confronted with unique issues that are substantially different than the issues confronted by the rest of the City; WHEREAS, these unique issues include, but are not limited to, the shrinking of support facilities and services to serve the agricultural community, the occasional incompatibility of interests between the urban and rural areas of the City, and the need for a long-range agricultural policy; WHEREAS, based on these unique issues, representatives of the agricultural community have met on several occasions and expressed the need for a mechanism to improve communications with City Council; and WHEREAS, based on these have recommended the establishment meetings, the representatives of an advisory commission for the purpose of making recommendations and proposals to City Council regarding issues of special interest to the agricultural community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That there is hereby created the Agricultural Advisory Commission (the "Commission"). 2. That the Commission shall be comprised of at least five (5) but not more than seven (7) members appointed by City Council, that such members shall be residents of the City, and that such members shall be selected based on their knowledge of, and experience in, agricultural matters of interest to the City of Virginia Beach. The Director of the Department of Agriculture shall serve as a non-voting member of the Commission. 3. All members of the Commission shall serve for a term of four (4) years; provided, however, that the initial terms of several members may be made for lesser terms in order to provide for staggered expirations thereof. 34 35 36 37 38 39 40 41 42 43 4. That the purpose of the Commission shall be to make recommendation to City Council concerning the issues of special interest to the rural/agricultural area of the City. 5. That the Commission shall meet at least quarterly. The Commission may provide periodic reports of its activities to City Council, but shall provide an annual report to the Council on or before January 31 of each year for the previous year's activities. Adopted by the Council of the City of Virginia Beach, 23 August Virginia, on the __ day of , 1994. 44 45 46 47 CA-5666 ORDIN\NONCODE \ADVI S ORY . ORD R-4 PREPARED: 08/17/94 2 - 23 - Item lll-J. PUBLIC HEARING ITEM # 38331 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) ERIC JOHN MARKOWSKI VARIANCE (b) COX CABLE HAMPTON ROADS CONDITIONAL USE PERMIT (c) VIRGINIA CELLULAR LIMITED PARTNERSHIP CONTEL CELLULAR, INC. CONDITIONAL USE PERMIT (d) MOUSA MAHGEREFTEH CONDITIONAL USE PERMIT (e) QUICK 10 CORPORATION CONDITIONAL USE PERMIT 09 CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES VARL4NCE (g) AMEND AND REORDAIN CITY CODE ADD Appendix 1 re Airport Noise Attenuation and Safety City Zoning Ordinance Section 202 Section 221 Sections 502, 506, 602, 1124; and ADD Section C 1129 re dimensional requirements. City Zoning Maps incorporate airport noise zones Subdivision Ordinance Section 6.3 re required information on finalsubdlvision plats Site Plan Ordinance Se~,ion 4 re required information on site development plan August 23, 1994 - 24 - PUBLIC HEARING ITEM # 38332 PL,4NNING Correspondence from the applicant, Eric J. Markowsla', dated July 26, 1994, requesting WITHDI~IWAL is hereby made a part of the record. The following registered in OPPOSITION, but were not OPPOSED to the WITHDRAWAL: l~nce Marshall, 1033 Anoka Avenue, Phone: 464-1435 Thomas Escoe, Jr., 5904 Tajo Avenue, Phone: 461-2993 Paul J. Hamilton, 1041 Norwich Avenue, Phone: 461-3042 Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ~4LLOWED WITHDRAWAL of the Application of ERIC JOHN MARKOWSKI for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal from Decisions of Administrative Officers' in regard to certain elements of the Subdivision Ordinance, Subdivision for Eric John Markowski. Property is' located at 5720 Attica Avenue. BAYSIDE BOROUGtt. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 - 25 - l~em lll-J.l.b. PUBLIC HEARING ITEM # 38333 PLANNING J. Randall Royal, Engineering Services, Phone: 468-6800, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of COX CABLE HAMPTON ROADS for a n 'n' l i: ORDINANCE UPON APPLICATION OF COX CABLE HAMPTON ROADS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATION lOWER R08941910 BE IT HEREBY ORDAINED BY TIlE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cox Cable tlampton Roads for a Conditional Use Permit for a communication tower at the northeast corner of Cleveland Street and Clearfield Avenue. Said parcel is located at 5200 Cleveland Street and contains 3.24 acres. BAYSIDE BOROUGH. The Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach. Virginia, on the Twenty-third qf Aueust Nineteen Hundred and Ninety-Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy IC Parker, Vice Mayor William D. Sessoms, Jr~ and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 - 26 - Item lll-J.l.c. PUBLIC HEARING ITEM # 38334 PLANNING The following registered in SUPPORT of the application: Attorney John Midgett, 1200 Nations Bank, represented the applicant Greg Rafferty, represented Contel Stanley Shipowitz, 3556 Shore Drive #405, represented the Condo Association Upon motion by Councilman Jones; seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA CELLULAR LIMITED PARTNERSHIP, CONTEL CELLULAR, INC., ITS GENERAL PARTNER FOR A CONDITIONAL USE PERMIT R08941911 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI'1¥ OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Cellular Limited Partnership, Contel Cellular, Inc., its general partner for a Conditional Use Permit for a communications tower at the northeast intersection of Shore Drive and E. Stratford Road. Said parcel is located at 3556 Shore Drive and contains 1 acre. BAYSIDE BOROUGtt. The following conditions shall be required: The applicant shall work with interested private communications tower users to establish multiple use of the requested tower. The proposed tower will extend 20 feet in height above the existing roof line. A small ll.5-foot x 22-foot wooden and fiberglass equipment building is proposed as well. The non-ionizing electromagnetic radiation emitted from the tower shall not result in exposure of the public to excessive levels of radiation. A statement has been submitted to the Planning Department from a registered engineer certifying that excessive h, vels of radiation will not result. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of August Nineteen Hundred and Ninety-Four. August 23, 1994 - 27 - Item llI-J.l.c. PUBLIC HEARING ITEM # 38334 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, 111, Robert IC Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, V~ce Mayor William D. Sessorr~*, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss' August 23, 1994 - 28 - Item Ill-J.l.d. PUBLIC HEARING ITEM # 38335 PLANNING Mousa Magherefteh, 4893 North Witchduck Road, represented the applicant Upon motion by Councilman Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon application of MOUSA MAHGEREFTEH fi>r a Conditional Use Permit: ORDINANCE UPON APPLICATION OF MOUSA MAHGEREFTEH FOR A CONDITIONAl, USE PERMIT FOR AUTOMOBILE SALES R08941912 BE IT HEREBY ORDAINED BY HIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Mousa Mahgerefleh for a Conditional Use Permit for automobile sales at the southeast corner of North Witchduck Road and Aragona Boulevard. Said parcel is' located at 4893 North Witchduck Road and contains 36,198 square feet. BAYSIDE BOROUGH. The following conditions shall be required: 1. There shall be landscaping consisting of crepe myrtle trees and shrubs along Aragona and Ibitchduck Roads. 2. An externqlly illuminated ground level monument-type sign, with landscaping, shall be utilized 3. The building shall be painted off-white with burgundy trim. The two (2) entrances nearest the intersection of North Witchduck Road and Aragona Boulevard shall be eliminated on the site plan. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third o£Aueust Nineteen Hundred and Ninety-Four. - August 23, 1994 - 29 - Item Ill-J.l.d. PUBLIC HEARING ITEM # 38335 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye' John A. Baum, Linwood O. Branch, III, Robert K. Dean, 14fflliam W.. Harrison, Jr., Barbara M. Henley, Louis IL Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker l/ice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Council Members Absent: John D. Moss' August 23, 1994 - 30 - Item lll-J.l.e. PUBLIC HEARING ITEM # 38336 PLANNING Stuart A. Williams, Princess Anne and Baxter Roads, represented the applicant Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL SESSION OF SEPTEMBER 13, 1994, Ordinance upon application of QUICK lO CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF QUICK I0 CORPORATION FORA CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND CAR WASH Ordinance upon application of Quick 10 Corporation for a Conditional Use Permit for an automobile service station and car wash on certain property located at the southeast corner of Princess Anne Road and Baxter Road. Said parcel contains 28.544 square feet. KEMPSVILLE BOROUGtL Voting: 10-0 Council Members Voting Aye: John A. Baum, Linveood O. Branch, III, Robert I,L Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. 8essoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 - 31 - Item lll-J, lf PUBLIC HEARING ITEM # 38337 PLANNING Upon motion by Councilman Harrison, seconded by I4ce Mayor Sessoms, City Council APPROVED the CITY OF VIRGINIA BEACH DEPARTMENT OF PUBLIC UTILITIES Variances to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for the City of I4rginia Beach, Department of Public Utilities. Property is' located on the north side of Goodspeed Road, 2412.4 feet more or less west of Discovery Road. LYNNHAVEN BOROUGtt Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for the City of Virignia Beach, Department of Public Utilities. Property is located on the north side of Susan Constant Drive, 1090 feet more or less west of 62nd Street. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, Robert I~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, I4ce Mayor William D. Sessoms, Jr. and Louisa ~ Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 - 32 - Item lll-J.l.£. PUBLIC HEARING ITEM # 38338 PLANNING Captain W. H. Shurtleff, Commanding Officer - NAS Oceana, Phone: 433-2922. Captain Shurtleff's letter in SUPPORT of the Ordinances is hereby made a part of the record. Denise Nebb, 222 Mustang Trail, Phone: 340-9700, Director of Public Affairs - Tidewater Association of Realtors. Letter from the Tidewater Association of Realtors. Inc., in SUPPORT of the Ordinances is hereby made a part of the record. Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Mayor Oberndorf read into the record the letter from Tidewater Builders Association, dated August 22, 1994, expressing support and noting concerns relative Section 221 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach by the Addition of an Appendix I Thereto, to be known as the Airport Noise Attenuation and Safety Ordinance. Ordinance to AMEND and REORDAIN Section 202 of the City Zoning Ordinance pertaining to Height Regulations Ordinance to AMEND and REORDAIN Section 221 of the City Zoning Ordinance by Adding Section 221.1 pertaining to specific standards for certain Conditional Uses located within Airport Noise and Aircraft Accident Zones. Ordinance to AMEND the Official Zoning Map of the City of Virginia Beach, Virginia Ordinance to AMEND and REORDAIN Section 6.3 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, pertaining to required information on final subdivision plats. Ordinance to AMEND and REORDAIN Section 4 of the Site Plan Ordinance of the City of Virginia, Virginia, pertaining to Information required on Site Development Plan. AND, DEFERRED INDEFINITELY: Ordinance to AMEND and REORDAIN Sections 502, 506, 602, 1124 of the City Zoning Ordinance and ADD Section C 1129 re dimensional requirements. August 23, 1994 - 33 - _Item lll-J.l.g. PUBLIC HEARING ITEM # 38338 (Continued) PLANNING Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Robert IcL Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 Requested by Mayor Meyera E. Oberndorf 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF THE CITY OF VIRGINIA BEACH BY THE ADDITION OF AN APPENDIX I THERETO, TO BE KNOWN AS THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach be, and hereby is, amended and reordained by the addition of an Appendix I thereto, to be known as the Airport Noise Attenuation and Safety Ordinance, which shall read as follows: 8mc. 1. Title. This ordinance shall be known as the Airport Noise Attenuation and Safety Ordinance of the City of Virqinia Beach. Sec. 2. Purpose and intent. (Al The intent of city council and the purpose of this ordinance are to: (1) protect the public health, safety and welfar~ from the adverse impacts associated with excessive noise from fliqht operations at NAS 0ceana/ALF Fentress and the potential for aircraft accidents associated with proximity to airport operations; (2~ to insure that the construction of residential use qroup buildinas or portions thereof, which are located within those areas of Virainia Beach that are likely to be affected by aircraft nois~ associated with fliqht operations at NAS Oceana/ALF Fentress, provide for appropriate sound reduction to minimize the impact of such noise on occupants; (3) and to insure that purchasers or lessees of property within airport noise zones and aircraft accident zones are aware of the associated noise levels and th~ 30 31 32 33 34 35 hazards which may endanger the lives and property of the occupants of such property. The acoustical performance standards set forth in this ordinance deal with noise attenuation in construction. Thm disclosure requirements set forth in this ordinance deal with disclosure to potential purchasers or lessees of the existence of 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 associated aircraft noise and the potential for aircraft accidents associated with proximity to airport operations. (B) The desiqnation of any parcel of land as lying in an airport noise zone shall be in addition to, and not in lieu of, th~ zonina district classification of such parcel, such that any parcel of land situated within an airport noise zone shall also lie in one or more of the zoning districts established pursuant to section 102 of the city zoning ordinance [Appendix A] and shall be subject to all applicable provisions of this ordinance and the city zoning ordinance. Ssc. 3. Definitions. The following words and terms used in this ordinance shall have the following meanings unless the context clearly indicates otherwise: Dav-niaht average sound level (Ldn): A 24 hour energy averag~ sound level expressed in dBA, with a ten decibel penalty applied tn noise occurring between 10:00 P.M. and 7:00 A.M. Permits and inspections inspections: The division department of planning. Building official: The division or division of permits and of permits and inspections of th~ building code administrator of the permits and inspections division. Residential use group building: Ail buildings and structures classified in the Virginia Uniform Statewide Building Code as Usm Group R (residential). Sound transmission class (STC) rating: A single number rating characterizinq the sound reduction performance of a material tested in accordance with ASTM E 90-90, "Laboratory Measurement of Airborne Sound Transmission Loss of Building Partitions." 8mo. 4. Airport noiss zones and boundaries. The boundaries of the airport noise zones shall be as shown on the zoning map as adopted and amended by city council. lB) For purposes of administering and enforcinq th~ provisions of this ordinance, there shall be four (4) airport noism zones: 2 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 (1) Noise Zone 1 - 64 dB Ldn or less (2) Noise Zone M - 65-69 dB Ldn (3) Noise Zone 2 - 70-74 dB Ldn Noise Zone 3 - 75 dB Ldn or qreater The purpose of the establishment of four (4) airport noise zones is to distinauis~ between the severity of the level of noise impacts so that appropriate acoustical performance standards can bo employed to mitiqate the adverse impacts of aircraft noise. Each of the four (4) airport noise zones shall be desiqnated on the zonina mad as adopted and amended by city council. 8eo. 5. &oous~ioal Dorfornance standards. fA) ExcePt as otherwise provided, any residential use qroup buildin~ or portion thereof constructed or placed within an airport noise zone after January 1, 1995, shall be constructed to provido acoustical treatment measures in accordance with the Virqinia Uniform Statewide Buildinq Code, Volume I. Sec. 6. Nonconforminq buildinqs and structures. (Al Any residential use qroup buildinq which lawfully existed on the effective date of this ordinance and which is not in 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 conformity with any one or more of the provisions of this ordinance, and any residential use qroup buildinq which lawfully existed on the date of adoption of any amendment to this ordinance and which is not in conformity with such amendment, shall be deemed nonconforming. (BI Any extension, enlarqement, relocation, reconstruction or substantial alteration of a nonconforminq residential use qro,,n buildinq shall be subject to the acoustical performance standard~ as set forth in section 5 of this ordinance unless otherwise modified by the buildin~ official pursuant to section 103.2 of th~ Virginia Uniform Statewide Buildinq Code. Sec. 7. Exemptions. The acoustical performance standards specified in section 5 and the disclosure requirements set forth in section 9 of this ordinance shall not apply to the construction of residential use ~rouD buildinqs in Noise Zone 1 or buildinqs or structures 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 classified in the Virginia Uniform Statewide Building Code as uso group B (business, offices), E (educational), F (factory and industrial), I (institutional), M (mercantile), S Cstoraqe, warehouse), and U (utility and miscellaneous) 8e~. 8. A~eals. (A) Any determination or decision made by the building official or any administrative officer in the administration ov enforcement of this ordinance may be appealed in writing to tho local board of building code appeals within thirty (30) days from the date of such determination or decision. The appeal shall bo filed in the office of the building official. In the event such an appeal is filed, the local board of building code appeals shall schedule at least one public hearing on the matter and render its decision in writing to the appellant within fourteen (14) working days from the date of the public hearing. (B) Any party aggrieved by any decision of the local board of building code appeals, who was a party to the appeal, may appeal to the state building code technical review board. Application for review shall be made to the state building code technical review board within 21 calendar days of receipt of the decision of tho local board of building code appeals by the aggrieved party. (C) Decisions of the state building code technical review board shall be final if no appeal is made. An appeal from the decision of the state building code technical review board may be filed in the circuit court of the City of Virginia Beach in accordance with the provisions of the Administrative Process Act, Article 4, Section 9-6.14:15 of Chapter 1.1:1 of Title 9 of tho Code of Virginia. 8eo. 9. Disclosure. (Al Any person marketing property for sale or lease within Noise Zone M, 2 or 3 shall provide written disclosure to ali Prospective purchasers or lessees that such property is within an aircraft accident zone or an area affected by aircraft noise. Such written notification shall also be placed in all sales contract~ 4 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 and leases. sold or leased solelv for a~ricultural purposes, (B) The Department of The foreqoina requirement shall not aD~lv to property shall be Planning shall make available the effect of the designation of such airport noise zones and any aPPlicable information exDlainin~ aircraft accident and buildin~ requirements. Bee. ~0. Violations. (A) A violation of any of the provisions of this ordinance a misdemeanor punishable as set forth in the Viraini,. Uniform Statewide Buildin~ Code, Volume I; provided, however, thal a violation of section 9 of this ordinance shall be a class ~ misdemeanor punishable bv a fine in an amount not to exceed $250.00. (B) In addition to, and not in lieu of, the Denaltie~ prescribed in subsection CA) hereof, the citv may aPPly to th,:, circuit court of the City of Virginia Beach for an in~unction aaainst the continuinq violation of any of the provisions of thic ordinance and may seek any other remedy authorized by law (C) UPon notice from the permits and inspections division that any construction or other activity is being conducted in violation of the provisions of this ordinance, such construction ov other activity shall be immediately stopped. An order to stop work shall be in writinq and shall state the nature of the violation and the conditions under which the construction or other activity may be resumed. No such order shall be effective until it shall have been tendered to the owner of the property upon which tho construction or other activity is conducted or his aqent or to any person conductinq such construction or other activity. Any person who shall continue an activity ordered to be sto~ed, shall bo quilty of a violation of this ordinance. Sec. ~. ~ v~bilitv. The provisions of this ordinance shall be deemed to be severable, and if any of the provisions hereof are adjudaed to bo invalid or unenforceable, the remaininq portion of this ordinance 5 174 175 176 177 178 shall remain in full force and effect and their validity shall remain unimpaired. The provisions of this ordinance shall not affect the vested rights of any person under existinq law. 179 180 181 182 183 184 185 186 187 188 189 190 191 192 sec. 13. A4ministr&tion and enforcement. This ordinance shall be administered and enforced by thP building official and any inspector assiqned to the permits and inspections division, who shall exercise all authority of polic~ officers in the performance of their duties. Such authority shall include, without limitation, the authority to issue summonse~ directing the appearance before a court of competent jurisdiction of any person alleqed to have violated any of the provisions of this ordinance. Sec. ~4. ~ffective Date. This ordinance shall become effective on the first day of January, 1995. Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day of Au§ust , 1994. 193 194 195 196 CA-5413 ORDIN~PROPOS ED~Appendix. Pro R-9 AUGUST 9, 1994 6 1 2 3 4 5 6 7 $ 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 AN ORDINANCE TO AMEND AND REORDAIN SECTION 202 OF THE CITY ZONING ORDINANCE PERTAINING TO HEIGHT REGULATIONS BE IT ORDAINED BY THE BEACH, VIRGINIA: That Section 202 of the City Zoning amended and reordained to read as follows: Sec. are CITY COUNCIL OF THE CITY OF VIRGINIA Ordinance is hereby 202. Height regulations. (a) Whenever height limits for buildings and other structures established, no portion of any building or other structure shall extend above such height limits, except residential chimneys, line-of-sight relaying devices, broadcasting towers, radio or television antennas, spires, flagpoles, water tanks, or monuments otherwise approved for erection; provided, however, that smokestacks may also extend beyond such limits, if they do not exceed in height the distance to the nearest lot line; and further provided that one (1) tower for purposes of an amateur radio station operation, which may contain multiple antennas, may extend beyond said height limits but shall not exceed ninety (90) feet in height above ground elevation. (b) No structure which on the basis of its height would constitute an obstruction to air navigation pursuant to tkc =tan~ar~ cf Part 77 of the Federal Aviation Administration Reaulations, 14 C.F.R. §§ 77.21 et seq. shall be allowed in any district ---~--- ~ ~--"b~---'--tl-- ~--~ ~" ~ ~c~cral k .... ...... ~ ~ ~-~-~' .... ,-~--u~-~-.-~'--~'-- The Director of the Department of Plannina shall prepare a map delineatinq qeometric specifications and height limitations for Drotectinq naviqable airspace in compliance with Part 77 of the Federal Aviation Administration 32 33 34 35 36 37 38 Regulations, 14 C.F.R. §§ 77.21 et. seq. Adopted by the Virginia on the day of CA-5359 ORDIN~PROPOSED~45-202. Pro R-4 AUGUST 8, 1994 Council of the AuEust City of Virginia Beach, SIGNATURE APPI~OVED AS TO LEGAL ~NC¥ AA~~ ciTY ATTORNEY 1 2 3 4 5 6 7 AN ORDINANCE TO AMEND AND REORDAIN SECTION 221 OF THE CITY ZONING ORDINANCE BY ADDING SECTION 221.1 PERTAINING TO SPECIFIC STANDARDS FOR CERTAIN CONDITIONAL USES LOCATED WITHIN AIRPORT NOISE AND AIRCRAFT ACCIDENT ZONES 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 That Section 221 of the City Zoning Ordinance is hereby amended and reordained by adding section 221.1 to read as follows: Section 2~L.L SPecific standards for certain conditional u~es loo&ted within airport noise and aircraft accident zones. (a) Leaislative intent. The intent of city council and th~ PurPose of this ordinance are to protect the public health, safety and welfare from the adverse impacts associated with excessiv~ noise from fliqht operations at nearby airports and military air facilities and potential aircraft accidents by limitinq certain conditional uses which are incompatible due to their location within airport noise and aircraft accident zones. (b} Standards. In addition to the procedural requirements and standards set forth in section 221 hereinabove, the followinq standards shall apply to the following conditional uses in airport noise zones M, 2 or 3 as shown on the map entitled AICUZ prepared by the city of Virqinia Beach: Kev to Table of Standards Airport Noise Zone Aircraft Accident Zone Characteristic 75 dB Ldn or greater 70-74 dB Ldn 65-69 dB Ldn Characteristic (clear zone) An area from the threshold of extendinq outward an active runway 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 7O NOTES: Airport Zone I-3 I-2 II-3 II-2 Compatibility Y ~M) Y (2) Y (3) which possesses a hiqh potential for accidents. An area extendinq outward from a clear zone which possesses a significant potential for accidents. An area extendinq outward from either a clear zone or aircraft accident zone I which possesses a measurable potential for an accident. Aircraft accident zones apply only to military airfields. Not all areas of VirGinia Beach lie in an aircraft accident zone. Characteristic Clear zone (all in noise Aircraft accident zone I, Aircraft accident zone I, Accident zone II, noise zone 3 zone 3) noise zone 3 noise zone 2 Aircraft accident zone II, noise zone 2 Noise zone 3 (no aircraft accident zone) Noise zone 2 (no aircraft accident zone) Noise zone M (no aircraft accident zone) Characteristic Compatible Compatible with acoustical treatments for roof/ceilinq/exterior walls 39 STC, doors/ windows 25 STC. Compatible with acoustical treatments for roof/ceiling/exterior walls windows 33 STC. Compatible with acoustical roof/ceilinG/exterior windows 38 STC. Not compatible walls 44 STC, doors/ treatments for 49 STC, doors/ 2 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 outdoor recreational - ts e as -auction facilities ~assenaer terminals Petroleum processing Pr'rate lod es p ivate schools N N N_ N Y(3) Y(2) Y(M) N_ N N_ N N Y(2) Y(M) Satellite wagerina ~ ~ ~ ~ ~ 7(3) Y(2) 1 o farm ~ ~ ~ ~ ~ ~ Y(2) Attached dwellings social cente s N N_ _N N N N Y(2) N N N_ N N_ N Y(2) Y(M) Theaters for live ~ ~ ~ ~ ~ ~ ~ Y(2) Y(M) (c) permitte4 uses &n4 veste4 rights. The provisions of this ordinance shall not affect any uses permitted any person bv right or anv vested rights of any person under existing law. ~ this ordinance shall be construed to affect the provisions of any recorded easement entered into between the United States of America, acting by and through the Department of the Navv, and any owner or occupant of property located within an aircraft accident zone or an airport noise zone. 144 145 Adopted by the Council of the 23 August Virginia on the day of City of Virginia Beach, , 1994. 146 147 148 149 CA-5662 ~ORDIN~PROPOSED%45-221-1. Pro R-2 AUGUST 10, 1994 4 SIGNATURE CITY ATTORNEY AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF VIRGINIA BEACH, VIRGINIA 6 7 8 9 10 11 12 13 14 15 16 17 18 19 WHEREAS, the City Council has adopted the Airport Noise Attenuation and Safety Ordinance as Appendix I to the Code of the City of Virginia Beach; and WHEREAS, the provisions of the Airport Noise Attenuation and Safety Ordinance require that the boundaries of all airport noise zones be shown on the official zoning map: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the official zoning map of the City of Virginia Beach, Virginia, shall be amended to incorporate the airport noise zones set forth in the Airport Noise Attenuation and Safety Ordinance as shown on a series of sheets marked and identified as such, displayed before the City Council on this date and on file in the office of the planning director. Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day of August 1994. 20 21 22 23 CA-5693 Ri AUGUST 10, 1994 ORDIN~DATA~PROPOSED~MAP.ORD r¥ ATTO~N[:Y ~/~ 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN SECTION 6.3 OF THE SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO REQUIRED INFORMATION ON FINAL SUBDIVISION PLATS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6.3 of the Subdivision Ordinance of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 6.3. Final plats and data. The final subdivision plat shall be prepared by civil engineer or land surveyor in tracing medium at a scale of 1" = 100' approved by general rule for classes of cases director in a particular case. All original presented between the following sizes: 8%" x 11" Lettering shall be no less than one-tenth inch height. Lettering and line weight shall be no inches or .3302 mm. Letter and line spacing for drawings shall be no less than .050 inches and for ink drawings no less than .040 inches. When more than one sheet is required, all sheets shall be numbered and of the same size, with match marks to guide preparation if composite maps, and an index map on a sheet of the same size as the sectional maps shall be filed, which shall show, among other things, sectional map numbers, all lot and block numbers, and street names. In addition, a small scale location map showing the property shall be required. The final plat shall show the following data, and shall be completed and processed as indicated: (a) Subdivision name, date plat was prepared, graphic scale and north arrow. (b) A certificate endorsed by a certified civil engineer or land surveyor indicating source of title of the owner of the land subdivided and place of record of the last a certified ink on an approved durable unless a different scale is or by the planning tracings shall be and 18" x 24". or 2.54 m~. in less than .013 control pencil 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 instrument in the chain of title. When the plat is of land acquired from more than one source, outlines of the several tracts shall be indicated on the plat. The certificate shall further state that the subdivision is entirely within lands owned by the subdivider and that monuments shown on the plat have been put in place and that their location and character are correctly shown. (c) Protective covenants in form for recording. (d) Each plat or deed of dedication to which the plat is attached shall contain a statement as follows: "The platting or dedication of the following described land (here insert correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned (indicate owners, proprietors and trustees, if any)..." This statement shall be signed by such persons and acknowledged before an officer authorized to take acknowledgement of deeds. When thus executed and acknowledged, such plat, upon final approval and in accord with other provisions specified herein, shall be filed and recorded in the office of the clerk of the circuit court of the city. (e) On the face of the plat, a place shall be prepared to receive the signature, with date, of the planning director and other affected agencies, which signature, when affixed, shall indicate approval of the final plat. A place shall also be prepared to receive the signature and seal for the clerk of the circuit court of the city. All required signatures shall be in a durable ink. (f) All linear and angular dimensions for locating boundaries of the subdivisions, lots, streets, alleys, public and private easements. Linear dimensions shall be expressed in feet and hundredths of a foot. Angular measurements shall be expressed by bearings. All curve data shall be expressed by a curve table on the face of the plat, each curve being tabulated and numbered to correspond with the 2 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 (g) (h) respective numbered curves shown throughout the plat. Dimensions, both linear and angular, shall be determined by an accurate control survey in the field which shall be checked for closure and must balance and close within 1 to 10,000. Horizontal control Virginia Coordinate Grid System located on the face of the plat. minus distance will be approved. shall be based on the in a coordinate table No plat showing plus or Plan and profile sheets shall be provided on all new streets and underground utilities, as required by specifications of the department of public works or department of public utilities, as approved by the council of the City of Virginia Beach. The director of public works or director of public utilities may require such office and field checks, respectively, as necessary to assure the accuracy of the plat. Description and location of all monuments. The boundary of the property being subdivided, names of all proposed streets, and boundaries of all property within the subdivision intended to be dedicated to public use. In resubdivisions of existing recorded lots, existing lot lines shall be shown by dotted lines, resubdivisions by full lines. The map book and page number of property being resubdivided shall be specified. (i) Exact lengths and bearings of boundary lines of blocks, public grounds, streets, alleys and existing locations of all easements. (j) Exact widths of all easements, streets and alleys. (k) Angles of departure of adjoining property, street and alley lines, with names of abutting recorded subdivisions. Unsubdivided abutting acreage property shall be designated by the names of owners with deed book reference. (1) Widths and names of abutting or adjoining roads, streets and alleys. 3 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 (m) A definite bearing and distance tie shall be shown between not less than two (2) permanent boundaries on the exterior boundary of the subdivision, and to existing street intersections where possible and reasonably convenient. (n) Exact length and bearing of all lot lines, provided that where lines in any rectangular tier of lots are parallel, it shall be sufficient to mark the bearings for the outer lines thereof. (o) Designating symbols for all lots and blocks. If the finished plat consists of one section of a proposed larger subdivision, then the block numbers shall run consecutively throughout the several sections of the entire subdivision and each section shall be designated by letter or number. All lots in each block shall be consecutively lettered or numbered. (p) All plats of property abutting on or containing any natural or artificial bodies of water shall show the approximate high water lines, bulkhead and pierhead lines, if officially established, top to bank and toe of slope, and where such lines are intersected by lot or block lines, measurements locating such intersections shall be given along such lot or block lines. (q) When any subdivision plat or map is presented for recordation, in addition to the requirements now in effect, there shall be added the name of the borough in which said property is located and the source of title of the immediate grantor. (r) Each final plat in any agricultural district shall contain a statement as follows: "THIS SUBDIVISION IS LOCATED IN AN AGRICULTURAL DISTRICT AND MAY BE SUBJECT TO NOISE, DUST, ODOR, CHEMICAL SPRAYING, AND THE LIKE AS THE RESULT OF THE RAISING OF CROPS AND LIVESTOCK ON NEARBY PROPERTY." 4 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 (s) The tax map reference number or geographic parcel identification number (GPIN #) for each lot and/or parcel being created or referenced by the plat. (t) Where Chesapeake Bay Preservation Areas lie within a subdivision, the following materials shall also be required, unless waived as unnecessary by the planning director or previously submitted in conjunction with preliminary subdivision review: (1) A survey of environmental features; (2) A landscape plan; (3) A stormwater management plan; (4) An erosion and sediment control plan; and (5) A water quality impact assessment, if required by Section 110 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. The materials set forth in (1) through (5) hereinabove shall contain all of the information required by section 110 of the Chesapeake Bay Preservation Area Ordinance [Appendix FI. (u) Every final plat of a subdivision containing any land located in a Chesapeake Bay Preservation Area shall state as follows: "ALL OR A PORTION OF THIS SUBDIVISION IS LOCATED IN A CHESAPEAKE BAY PRESERVATION AREA AND IS SUBJECT TO THE PROVISIONS OF THE CHESAPEAKE BAY PRESERVATION AREA ORDINANCE". (v) Every final plat of a subdivision containing any land (w) located in a Chesapeake Bay Preservation Area shall delineate the boundaries of all resource protection areas, resource management areas and reserve sewage disposal drainfield sites as required by section 108 of the Chesapeake Bay Preservation Area Ordinance [Appendix F]. The Equivalent Residential Unit (ERU) calculations for existing horizontal impervious area for each proposed lot 5 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 or parcel, rounded to the nearest tenth (0.1), must be provided. (x) Where individual lots created by a final subdivision plat are not eligible for connection to the public water supply system by reason of the provisions of Ordinance No. 92-2112 C, declaring an emergency arising out of a shortage of public water supplies, or any amendment thereto, such plat shall state as follows: "THE LOTS CREATED BY THIS SUBDIVISION ARE NOT ELIGIBLE FOR CONNECTION TO THE PUBLIC WATER SUPPLY SYSTEM BY REASON OF THE WATER SUPPLY EMERGENCY DECLARED BY THE CITY COUNCIL ON FEBRUARY 11, 1992 (ORDINANCE NO. 92-2112 C, AS AMENDED). CONSTRUCTION UPON ANY SUCH LOT SHALL NOT BE PERMITTED FOR THE DURATION OF THE WATER SUPPLY EMERGENCY UNLESS SUCH LOT IS SERVED BY A POTABLE WATER SUPPLY APPROVED BY THE DEPARTMENT OF HEALTH." (y) Effective January 1, 1995, every final Plat of a subdivision containinq any land located in an aircraft accident zone as desiqnated on the qeometric specifications and heiqht limitations map and/or in noise zone 3, 2 or M as desiqnated on the city zoninq map, shall delineate the boundaries of such zones and such plat shall state as follows: THIS SITE LIES WITHIN AIRCRAFT ACCIDENT ZONE AND/OR NOISE ZONE(S) AND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO AIRPORT OPERATIONS. NOISE ATTENUATION MEASURES FOR NEW CONSTRUCTION MAY BE REOUIRED IN ACCORDANCE WITH THE AIRPORT NOISE ATTENUATIONAND SAFETY ORDINANCE AND HEIGHT RESTRICTIONSHAVE BEEN IMPOSED IN ACCORDANCE WITH SECTION 202(b) OF THE CITY Virginia on the __ day of ZONING ORDINANCE · Adopted by the Council of August CA-5661 ORDIN~PROPOSED~47- 63 . Pro R-3 AUGUST 8, 1994 the City of Virginia Beach, 1994 o E~ T 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND AND REORDAIN SECTION 4 OF THE SITE PLAN ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO INFORMATION REQUIRED ON SITE DEVELOPMENT PLAN BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4 of the Site Plan Ordinance of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 4. Information required on site development plan. 4.1. Nine (9) copies of a site plan, prepared, stamped and endorsed by a registered engineer, surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as such, shall be submitted with every application for approval, and shall contain the following information: A. Property and ownership information: 1. A location map at a scale of not less than one inch equals 1,600 feet with the site plan clearly marked on the location map identifying the location of the property; 2. Present recorded property owner and map book and page reference and deed book and page reference of the site property; 3. Owners, lot numbers and map book/page reference of all adjacent properties; 4. A boundary survey of the parcel prepared at a scale of one inch equals fifty (50) feet or larger; no sheet shall exceed 24 x 36 inches in size. The survey shall include the acreage and/or square footage of the site and indicate all boundaries by course and distance; 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 5. Iron pins ~ inch in diameter and 36 inches in length shall be shown and installed at all lot corners, points of tangents and any angle point along a given course of the parcel; 6. All property information shall be certified by the engineer or surveyor of the project; 7. Existing zoning; 8. Geographical parcel identification number. 9. Effective January 1, 1995, every site plan for n structure in the residential use group, as defined in tho Virainia Uniform Statewide Buildinq Code, containinq any land located in an Aircraft Accident Zone as designated on the geometric specifications and height limitations map and/or in noise zone 3, 2 or M as desiqnated on the city zoning maD. shall delineate the boundaries of such zones and such site plan shall state as follows: THIS SITE LIES WITHIN AIRCRAFT ACCIDENT ZONE AND/OR NOISE ZONE(S) AND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO AIRPORT OPERATIONS. NOISE ZONE ATTENUATION MEASURES FOR NEW CONSTRUCTION ARE REOUIRED IN ACCORDANCE WITH THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND HEIGHT RESTRICTIONS HAVE BEEN IMPOSED IN ACCORDANCE WITH SECTION 202 (b) OF THE CITY ZONING ORDINANCE Adopted by the Council of the City of Virginia on the 23 day of ^ugust , 1994. Virginia Beach, CA-5660 ORDIN~PROPOSED~46-004. Pro R-3 AUGUST 8, 1994 APPROVED AS TO CONTENTS SIGNATURE APPROVED AS TO LEGAL SUFFICIENCY AND FORM - 34 - Item IlI-K.l.a, APPOINTMENTS ITEM # 38339 Upon NOMINATION by l~ce Mayor Sessoms, City COuncil APPOINTED: ARTS AND HUMANITIES COMMISSION Diane Murdock Unexpired term thru 06/30/95 Voting: 10-0 Council Members Voting Aye: John A. Baum. Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K~ Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 - 35 - Item III-l~Lb. APPOINTMENTS ~EM #3~40 Upon NOMINATION by V~ce Mayor Sessoms, City Council APPOINTED: PLANNING COUNCIL W. D. Sessorns, Jr. Unexpired term thru 03/31/95 Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II1, Robert K. Dean, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 - 36 - APPOINTMENTS ITEM # 38341 BY CONSENSUS, City Council: TR/LNSPORTATION SAFETY COMMISSION Continued appointment of'. Paul J. Lanteigne Thru 10/31/96 (ca~ Citizen rather than Council Member) August 23, 1994 - 37 - Item III-I(. 1. ri_ APPOINTMENTs ITEM # $8542 BY CONSENSUS, City Council RESCHEDULED: VIRGINI.4 BEACH CRIME TASK FORCE VML - HUMAN DEVELOPMENT COMMITTEE VML - PUBLIC SAFETY COMMITTEE August 23, 1994 - 38 - Item llI-L.l.a. UNFINISHED BUSINESS ITEM # 38343 COUNCIL-SPONSORED ITEMS W~th Vice Mayor Sessoms PRESIDING, Upon motion by Mayor Oberndorf, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to TRANSFER $30,000 from the FY 1994-1995 Operating Budget General Fund Reserve for Contingencies to the Child Abuse Center of Hampton Roads re the City's' Commitment in developing a Regional Center. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William I4< Harrison, Jr., Barbara M. ttenley, Louis R. Jones, Mayor Meyera E. OberndorJ;. Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert IC Dean and John D. Moss August 23, 1994 1 2 3 AN ORDINANCE TO TRANSFER $30,000 FROM THE FY 1994-95 OPERATING BUDGET GENERAL FUND RESERVE FOR CONTINGENCIES TO THE CHILD ABUSE CENTER OF HAMPTON ROADS AS THE CITY'S COMMITMENT IN DEVELOPING A REGIONAL CENTER WHEREAS, regional agencies and professionals have recognized the need for a diagnostic and consultation service center, which will complement the work of various City agencies, in providing services to children who are victims of abuse, WHEREAS, private and foundation support is being sought to bring this center into reality, WHEREAS, the Children's osp tal of the Krug s Daughters has msued a three year challenge grant in the amount of $300,000, 7 8 9 WHEREAS, there is sufficient funding in the FY 1994-95 Operating Budget to provide this start-up match, with the understanding that any future year's funding would be separately considered as a part of the Community Organization Incentive Grant process. 10 11 12 13 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that $30,000 be transferred from the FY 1994-95 Operating Budget General Fund Reserve for Contingencies to the Child Abuse Center of Hampton Roads as the City's commitment in developing a regional center. 14 15 16 BE IT FURTHER ORDAINED, that this does not represent an on going commitment of funds, that the Child Abuse Center of Hampton Roads would have to participate in the Community Organization Incentive Grant process. 17 18 1994. CRW-C/ob951childa bu ord Adopted by the Council of the City of Virginia Beach, Virginia on the 23 day of Augus,t Approved as to Content Director Management and Budget - 39 - Item III-L.l.b, UNFINISHED BUSINESS ITEM # 38344 COUNCIL-SPONSORED ITEMS Upon motion by Vice Mayor Sessoms, seconded by councilman Branch, City Council ADOPTED: Resolution requesting Planning Commission and City Staff review and make recommendations to City Council re regulation of flea markets. (Sponsored by Vice Mayor William D. Sessoms, Jr.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II1, Robert K~ Dean, William W. Harrison, Jr., Barbara M. Henley, Louis, 1~ Jones, Mayor Meyera E. Oberndorf,, Nancy I~ Parker, Vice Mayor William D. Sessoms., Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 Requested by Vice-Mayor William D. Sessoms, Jr. 2 3 4 5 6 7 8 9 10 11 ~ESOLUTION WHEREAS, there has been a proliferation in the number of flea markets in the city; WHEREAS, there may be a need to more closely regulate these operations in order to ensure that they are conducted without undue impact upon adjoining neighbors and businesses. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission and the City staff are hereby requested to review this issue and to make recommendations to the city Council on appropriate amendments to the Comprehensive Zoning ordinance and other city ordinances in order to properly regulate this use. 12 13 14 CA-5704 Noncode/Markets. Res August 17, 1994 ADOPTED: August 23, 1994 Item III-L. 1 ¢.~ UNFINISHED BUSINESS ITEM # $8345 COUNCIL-SPONSORED ITEMs Upon motion by Councilman Baum, seconded by Councilman Jones, City Council ADOPTED, ~IS AMENDED: Ordinance to establish the Habitat Enhancement Committee to assist in implementing funds,, recommend sites and provide volunteer labor re Wetlands and urban forestry. (Sponsored by Councilman John el. Baum) Voting: 10-0 Council Members Voting Aye: John ~4. Baum, Linwood O. Branch, II1, Robert lC Dean, V~lliam W. Harrison, Jr., Barbara M. Henley, Louis. R. Jones, Mayor Meyera E. Oberndor~, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John D. Moss August 23, 1994 Requested by Councilmember John A. Baum 1 AN ORDINANCE TO ESTABLISH THE 2 HABITAT ENHANCEMENT COMMITTEE 3 WHEREAS, since 1992 the City of Virginia Beach has received 4 monies from civil charges collected from violations of the City's 5 wetlands and coastal primary sand dune ordinances for the purpose 6 of abating environmental damage to or the restoration of wetlands 7 and coastal primary sand dunes in the City; and 8 WHEREAS, since 1992 the City of Virginia Beach has also 9 received government and private grants and donations from 10 individuals and businesses for the purpose of funding urban 11 reforestation and wetlands enhancement projects in the City; and 12 WHEREAS, in order to assist in the implementation of such 13 habitat enhancement and restoration projects without the use of tax 14 dollars, a group of volunteers representing business communities, 15 federal and state agencies, local governments, conservation 16 organizations and the general public formed a partnership known as 17 the Habitat Enhancement Committee; and 18 WHEREAS, the Habitat Enhancement Committee, in its commitment 19 to enhancing Virginia Beach's natural environment, has met on a 20 monthly basis to recommend project sites and mobilize volunteer 21 labor for the habitat enhancement and restoration projects; and 22 WHEREAS, the Habitat Enhancement Committee, through its 23 volunteer labor force, has accomplished numerous commendable 24 projects which have restored important lost ecological functions of 25 wetlands and sand dunes and increased wildlife habitat 26 opportunities in neighborhoods, waterways, and forests throughout 27 the City of Virginia Beach; and 28 WHEREAS, the City Council of Virginia Beach recognizes the 29 importance of the Habitat Enhancement Committee not only as a major 30 provider of volunteer labor for habitat enhancement and restoration 31 projects, but also as a vital link between business, government and 32 neighborhood communities in the City of Virginia Beach; and 33 WHEREAS, it is necessary to properly establish and recognize 34 the Habitat Enhancement Committee in order to provide for 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 insurance/self-insurance coverage through the City's Division of Risk Management to the volunteers who participate in projects sponsored by the Habitat Enhancement Committee. Such insurance/self-insurance shall be consistent with coverage provided to other city volunteers. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. Committee 2. That there is hereby created the Habitat Enhancement ("Committee"); That the Committee shall be comprised of at least seven (7) members appointed by the city Manager, two of whom shall be the Directors of the Departments of Agriculture and Planning or their respective designees. 3. That the purpose of the Committee shall be to: a. Assist in the implementation of funds received for wetlands and sand dunes restoration and enhancement and for urban reforestry; b. Recommend sites for habitat enhancement and restoration projects; and c. Provide volunteer labor to accomplish such habitat enhancement and restoration projects. 4. That the Committee shall meet at least quarterly. The Committee may provide periodic reports of its activities to City Council, but shall provide an annual report to Council on or before January 31 of each year for the previous year's activity. Adopted by the Council of the city of Virginia Beach, Virginia on the 23 day of August 1994. CA-5691 R-4 AUGUST 23, 1994 ORDI N~DATA~PROPOSED~HABI TAT. ORD 2 - 41 - Item III-L.l.d. UNFINISHED BUSINESS ITEM # 38346 COUNCIL-SPONSORED ITEMS Lou Pace, 1008 Hunts Neck Court, spoke in SUPPORT of the Ordinance. .4 MOTION was made by Council Lady Parker, seconded by Council Lady Henley to DEFER until Councilman Moss returns from his vacation, an Ordinance to ELIMINATE auto allowances for Constitutional Officers. Upon SUBSTITUTE MOTION by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council SHALL HEAR during the City Council Session of August 23, 1994: Ordinance to ELIMINATE auto allowances for Constitutional Officers. (Sponsored by Councilman John D. Moss) Voting: 6-4 Council Members Voting Aye: John A. Bautn. Linwood O. Branch, IlL William I~E Harrison, Jr., Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert I~ Dean. Barbara M tIenley, Mayor Meyera E. Oberndorf and Nancy IC Parker, Council Members Absent: John D. Moss August 23, 1994 - 42 - Item III-Ll.d. UNFINISHED BUSINESS ITEM # 38346 (Continued) COUNCIL-SPONSORED ITEMS Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council DENIED: Ordinance to ELIMINATE auto allowances for Constitutional Officers. (Sponsored by Councilman John D. Moss) Voting: 7-3 Council Members Voting Aye: John A. Bautn, Linwood O. Branch, III, Nfflliam V~ Harrison, Jr., Louis' I~ Jones, Mayor Meyera E. Oberndo~ Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K. Dean, Barbara M. ttenley and Nancy K Parker, Council Members Absent: John D. Moss August 23, 1994 Item llI-M.l.a. NEW BUSINESS ITEM # 38347 BY CONSENSUS, City Council DESIGNATED: NATIONAL LEAGUE OF CITIES 1994 Annual Conference Voting Delegate: Mayor Meyera E. Oberndorf Alternate Voting Delegate: Council Member Louisa M. Strayhorn August 23, 1994 Item III-N. 1. ~IDJOURNMENT ITEM # 38348 Mayor Oberndorf DECL~IRED the City Council Meeting ADJOURNED at 8:15 P.M. Chief Deputy City Clerk Ru~odges Smith, CMC/AAE ....... City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 23, 1994 Office of the City Manager Wn.~inia lleaeh, VA 23456-9001 (804) 4274242 FAX (804) 4274155 TDD (804) 427-4505 August 18, 1994 Honorable Mayor Members of City Council Attached for your information is the 1994 Annual Report of Reside With Pride. Board members of Reside With Pride will be making a presentation regarding the report at your meeting of August 23. Reside With Pride is a key way in which we are working in partnership with citizens and businesses to improve our City. Please let me know if you need any further information. Sincerely, Ja e~ Spore City Manager JKS:jap Attachment: Annual Report ~l.~O~Om~ C-odes C. om mitl-ele Housing ;mproveme~ts Committee Public Relations Committee l=undraising Gommit+ee ill -- Design by the Right Touch · (804) 473-9304 Spruce Up Virginia Beach Today Invest In Tomorrow Reside With Pride Mission Statement eside With Pride is a public/private voluntary partnership dedicated to improving the physical quality of Virginia Beach's housing and neighborhoods. We accomplish this by. Increasing public awareness of the need to maintain housing and neighborhoods Seeking, developing and creating resources needed to achieve our goals and linking those resources to individuals and neighborhoods where they are needed Assisting individual homeowners and neighborhoods with improvement projects Reaching out to individuals, neighborhoods and organizations to enlist them in our efforts Identifying City code changes that could assist our efforts and seeking their approval ,Stm'uoe UD Virginia B~ach Today ·, invest In Tomorrc;w Reside With Board of Directors Priscilla Beede, Co-Chair C. ifizen Allen B. Hartman, Co-Chair V ii'.~llinicl POwer Gilbert J. Digby, Jr., Co-Chair Housing Improvements John Kurtz, Co-Chair Housing Improvements Municipal x\cl.iso:-s. )nc. Helen Shropshire, Co-Chair Public Relations C. ox Cable Sarah Baumgardner, Co-Chair Public Relations V i.ginian- Pifof / be el[~e r- Sfa:' Dr. Elsie Barnes, Co-Chair Codes Committee Norfolk Stale 14~iversity Elizabeth Bryant, Co-Chair Codes Committee C-ifizen Kevin King, Co-Chair Finance Committee Andrew Friedman, City Staff Housing & Nei~hborhooel Pre~e.~ation Pamela Lingle, City Staff Public /nfo,-m~fion Office VIRGINIA BEACH August 1. 1994 Dear Community Leader: The City of Virginia Beach is proud of the work that Reside With Pride does to improve our neighborhoods and housing. Reside With Pride's partnership between civic leaders, businesses, government and the military has produced significant improvements for our citizens. Reside With Pride volunteers have fixed houses, cleaned vacant lots, and helped the City revise and improve its property maintenance codes. They have also increased our citizens' awareness of the need to maintain the quality of our housing and neighborhoods. In order to continue to build on its past successes, Reside With Pride needs your help. Whether you can donate funds or materials, serve on a committee to help put together projects, swing a hammer and hold a paintbrush, or help develop policy recommendations, your contribution is essential To get involved, please call Reside with Pride at 563-1000. Please join us as we reside with pride in Virginia Beach t With Pride in our City, SIDruce Up Vlrginlo Beach Todoy Invest In Tomorrow Housing improvements Committee Report he goal of the Housing and Community ProJects Subcommittee is to help stem the deterioration of the residential housing stock of the City of Virginia Beach by proactively organizing, educating and assisting the residents of the City of Virginia Beach in the clean up, fix up, and paint up of their neighborhoods. This goal is accomplished in any of the three ways, namely by: organizing and educating communities to look for signs of housing deterioration within their neighborhood, assembling neighborhood volunteers to correct the problem area, and to obtain local business sponsorship for materials and supplies; providing volunteers and/or material sponsorship to support the neighborhood's own volunteer group; and providing volunteers and materials to assist a needy resident of the community when neighborhood volunteers and sponsorship is lacking. Accomplishments Each year, Reside with Pride has sponsoreO an awareness week, where volunteers from civic organizations, military groups anO other volunteers work together to assist home- owners in making their homes better. Typical repairs made by the volunteers include exte- rior house painting, replacing roofs, repairing screens, cleaning up yards, repairing fences, replacing deteriorated wood, reglazing windows and other general exterior repairs. From a modest three homes the first year, Reside with Pride has grown and this year eight hous- es were repaired. This year's projects were completed throughout the city in Kempsvllle (5), Bayside (5), Princess Anne (I), and Lynnhaven (1). Other repair projects are anticipat- ed during the remainder of this caJendar year, as we seek to match volunteers with resources and homeowners in need. A total of 22 homes have been assisteO over three years as a result of Reside with Pride. Reside with Pride also operates a year-round paint locker, where paint can be given to homeowners. · t- To extend the clean up, fix up, and paint up activities to year-round with a goal of one project per month. Recruit additional volunteers to assist with the projects. Promote further involvement of community groups within their own neighborhood. Volmmteers Interested VOlUntHIt can contlct John J. Kurtz, Co-chilr at 563-1000. Godes Committee Spruce Up Virginia Beach Toaav Invest In Tomorrow Report he purpose of the Codes Committee is to advise the City of Virginia Beach regarding existing and needed ordinances, codes or programs that affect the physical quality of neighborhoods. One of the first activities of the Committee, in December, 1992, was to hold a public forum in order to identify issues of concern to cit- izens that the committee could address. Since that time, the committee has addressed and/or made recommendations regarding graffiti, parking on lawns, bushes, school bus parking, inoperable vehicles and others. Accomplishments In November, 1993, Virginia Beach's City Council identified a growing problem with private property being vandalized with graffiti. The Codes Committee was asked to investigate and recommend actions. The Committee invited additional people concerned about graffiti to participate in its discussions. The "Graffiti Task Force", as the expanded committee was known, included representatives from the Police Department, the Sheriff, the Public Works department, the juvenile court system, and concerned civic leagues. Over the course of several months, the committee learned about graffiti abatement programs in other cities, dis- cussed many specific actions, and developed a plan for graffiti abatement that is now in use. In addition, a program of public information and a graffiti hot line were established in order to Inform the public and receive reports of graffiti incidents. The abatement plan recommended by the committee was approved by the City Manager, and was implemented on July 15, 1994 In addition to graffiti, the Committee and its members have advised the City on revi- sions to its inoperable vehicle ordinance, its ordinance regulating the height of weeds and grass, and have appeared before the Virginia House Study Commission to testifl/ for stricter state authority regarding removal of vacant buildings. During 1994 - 1995, the committee plans to address the problem of maintaining the cleanliness of neighborhood streets, and review the progress of the graffiti program, and inoperable vehicle enforcement. Interested volunt#rs can contlct AleXan(ler DIVlI, CO(ltl Admlnlstrltor, at 427-4421. Spruce Up Virginia Beach Today Invest In Tomorrow Fundraising Committee Report T~ur~ose o obtain cash and materials necessary to fund yearly rehabilitation projects identified by the committee. Cash and materials are donated by local businesses. In addition, the Committee seeks grant funding from the State and other foundations. Accomplishments $2,350 in CaSh raised from local financial institutions $250 donated by the Fraternal Order of Police 4, Approximately S5,500 worth of building materials donated through local building materials, hardware 4. $8,114 Check Off for HOuSing from Virginia Department of Housing and Community Development grant awarded to "Reside With Pride" in 1994 to support qualifying home renovations, Goals Maintain existing contributors and expand scope of fund raising to include a broader base of business support. Volunteers Interestecl volunteers can cont, ct sot. leith James, virglflla Air NBtlOflll Guard at 457-4e05. Pmblic Relations Spruce Up Vlrglnla ~ach Today InYest in Tomorro~ Committee Report Purpose he Public Relations committee's purpose is to inform residents, civic groups and business about the mission and goals of Reside with Pride, and to inform how they can participate in or sponsor projects. Accomplishments Our accomplishments to date have included communication through print (The Virginian-Pilot and The Ledger-Star, Beach Advisory. The Navy News, The Vlrgtnia Beach Sun and Kempsville exclusive as well as a wide variety of civic league newsletters), television (WCOX Channel 11 taped and aired an interview between Irvine Hill and Reside With Pride Board members), and radio (many stations recorded Reside With Pride public service announcements). 4, Create community awareness of the fact that preserving property values is a priority for our city. 4, To encourage individual, group and business involvement in housing preservation and renovation activities tiarough volunteering, donation of materials, funds, services and advertising support. Volunteers Volunteers can help by: 4- Joining our sub-committee as a representative from your local media or community. 4- Presenting information to your civic league or business group through newsletters or Reside With Pride Videos and Slide shows. Helping to produce and distribute public relations material. Ilgll vI)lu~rl can contact Hl~n ShrOplhlrl (Co-chair, Cox ~blt ol Hlmpton ROadl -at 461-3040 or sarah Baumglrdner (Co-Chair, va. Plk)t & LedOer-star) at 4H-6116. Reside With Pride Sponsors Spruce Up Virginia Beach l~da¥ I Invest In Tomorrow Corporate Sponsors · Bank of Tidewater · Commerce Bank * Resource Bank * Signet Bank · Central Fideti~ Bank · Crestar Bank · Taylor's Do It Center · Norfolk Paint · United Capital Reso u rces · Chambers Waste Systems of Virginia · Virginian-Pilot & Ledger-Star · Eagle 97 · Kempsville exclusive Sponsors · Virginia Air National Guard- Red Horse Division · Navy CBU-411 Norfolk · Navy CBU-415 Oceana · Navy UCT-I NAB Little Creek · Navy Training Services NAB LC · Navy ACB-2 NAB Little Creek · Virginia Beach Kiwanis · Fraternal Order of Police · Simply Italian · Beach Pub · Duck Inn & Gazebo · Rudee's Restaurant · Pizza Hut · Corner Market & Pub · Domino's Pizza/Tidewater Pizza · Giovanni's Pasta-Pizza Palace * Pungo Grill & Restaurant Food Sponsors · Founders Inn Restaurant · Lynnhaven Fish House · Paesano Italian Restaurant · Zero's Subs- corporate · Tandom's Pine Tree Inn · Farm Fresh Charitable Fdtn. · Worrelt Brothers · Virginia Restaurant Association What ' hey Said About Reside With Pride Spruce Up Virginia Beach Today. invest In TOn-lol'row Friday, April 2Z 1994 4. Excerpted from the Virginia Beach Beacon Charlene Ca. son, Staff Writer Almost Anylhing Can Go to the Curb During This Third Reside Wi~ Pride Clean-Up Effort For the third year, the city's Reside With Pride Committee ks spon- soring a spring clean-up effort that includes repairing and r~lmg homeg ridding neighborhoods of litler and taking an "anything goes" approach ~ garbage collection. Begun in ~99Z the pmjec: developed to address boUS~ng and neighborhood quality issu~ before they become a serbus problem, This week and next week have been targe~xl for the Reside With m d~ spring cleaning and set out a~l their trash fo~ collection f~orn W~ste "3,Ve dooded lo maim it a two- week collec6an ~ what~ hal> I they get motivated to clean up toc~ bul it's r,o lat~ This wW,, they have an exa-a week ~o set the stuff ouC' mid Parn Then, during Awaxeness Week, starting next Monday, volunteer remodel homes for folks who can't do the work themsaive~ With the help of looking ~o make such hon~ repaLrs~ a year-round pmj~t, Lingle said. up We hope to malte it convelfient for them;' said Wade Kyle, dimc~. During the two weeks of Reside can s¢t ju~ about smyltfing out al the curb with thor trash cans and have it pict~l up on their regular collec~on day. Last ~ar, r~re ~m AOOO ~ns of trash were colle~d during the spring d~n-up A big lam e( R~ide With Pride civic g~ups m help some bormmwn- ers with much ~ mpaies to theU l~operly. In 1992, when the la~j~ began, three homes were refurbished; li~l year, work was done on eight hom~'s: and this year, seven hous~ in the city will be painted and repaired. "V~ ate totally dependent on vol- unteers ~1' thc work and contribution from busin~..~'ses for m~e~ials, to fix up th¢~ hottse~;'l,ingle said. A~r work is done ~ea ~den clubs will step in to beautify the yards, she added. I May 3. 1993 ~ Excerpted t'n~m Beacon edi~ri:fl Barn Raising at the Beach Among the welcome sM'ns oS' ~ health are grass-root efforts in local cities to build, repair and main- 'lain the homes of low-income people Some beneficiaries are el&~fiy or dis- abled or both; oth~xs are working- Tlas season we salute th~ voltm- and cleaned up yards and streets in five neighborhoods during V'uginia V~ek and the busmemes thai assisted them... The houses renovated by Reside :With Pride volunteers th~ month trig- ~red paint-up, fix-up and tidy-up ~c~vity by nearby homeowners -- a Whal a community-enriching pro- gram. Brought in~o beingL3 months a~o .., the independent Reside With borhood organizations and the munic- ipal government to impro~ Virginia Beach's housing sto~.. Barn raising is the analogy for ~side With Pride's need. Very Ame~an thaL ITuesday. Jm]e 21, 1994 ~1. Excerpted from an arhcle in the VP/LS Metro News section Pa~'icia Huang, St',iff Wrfler Foes of Graffiti Lock Up Suspects, Clean Up Beach Since thc recent arrest of two V'trgima Beach m~n. Michael McCann, 18. and Teodora L. Lucero. 2(1 incidems in graffiti vandalism in the city ha~e dramatically decre'~ed, Virginia Beach offk~' Byron B. Knight said. But eily officials aren't counting on the arrests · alone t~ curb the vandalism Other deterrents, including a graf- fiti hot line, will be launche~! next moth t~ holster an anti-graffiti pilot prognffn. "The firm thing we Wallt to do is remove the graffiti as quiddy as possi- ble Io eliminate the advertisemenl and reo~gnition." said Sgl. Greg Mullen, a membe: of the city's Re~xle With Pride c~d~ committee Officials also hope to get more residents to look out for graf- fiti. "People don't rep0xt it o~ dodl care alx}ut it until it hits hon~' Mullet~ said. Vi/ginia Beach suffers from only ~ oc'~asional flurries of grafftti vandal- ism, police said, and the problem is al a 'kx~ntrollable level:' But that's exactly ~e stance now, said Andy Friedman, the cityk dire~r of lbus:ng and Neighborhood Preser~lion. The outbreak of oullaw arb.~t~ in Novembex and l~cember infuriated em mostly in the Kempsville and Lynnha~en areas. Ndghborhood ti-bustex groups formed, and City Council membexs considered anti-graf- ~n$ graffiti in a separ~ crinfi- hal category ~ la~ep belier data on it. have been stepped up ~o walah out for are still researching methods more graffiti-ridden cities have taken against the crime Spruce Up Virginia Beach Today. Invest In Tomorrow Virginia Beech, Virginia 4- (804) 563-1000 Area of interest {~ Administrative [~ Housing Improvements Name Phone Nmmbers (Day} [~ Codes Public Relations Application for Volunteer Services (Evening) ~ Fundraising [~ Other List construction skills and/or equipment you can operate and any additional knowledge, Skills and abilities: HOW many hours can you volunteer? Per Week List days and hours you can be available: Per Month List Three Personal References Name Name Name Address Phone Address Phone Address Phone Use this space for additional employment or explanatory Information Have you ever done volunteer work?i--i[,.i No ~,~ Yes If yes, What kind? Where? How did you hear about our volunteer program? my knowle~ee. Signature Date For additional Information, please call Reside With Pride at 563-1000. Return completed application to: I[~l~e ¥1fltlt I~lda c/o P#bll¢ IMo~matlaa Office Municipal Center Vlrglflll Bench. VA 23458 Design: Right Touch * 473-93(34 VIRGINIA BEACH Outdoors Plan City Council Briefing August 23, 1994 PUBLIC RIgVIEW PROCESS The Virginia Beach Outdoors Plan (VBOP) is currently in draft form and was presented to City Council on February 22 and June 28, 1994. City Council requested that additional public meetings be held on the plan. In addition to the initial public meeting on April 21, two other public meetings (July 26 and August 4) have been held. The final draft of the report is to be completed by the end of September to allow for public review during October. The plan is tentatively scheduled to go back to Council for adoption on October 25, 1994. The phn was unanimously endorsed by the Parks and Recreation Commission and received a u~nanimous formal approval from the Planning Commission on May 11, 1994. Public comments were encouraged and have been received from a variety of groups; particularly the Greenways, Trails, and Bikeways Committee; and from Public Meetings. Copies of the draft plan have been distributed to various groups and copies are available in all the Virginia Beach Public Libraries. In addition, a video on the plan aired on VBTV during June and July. At this time the plan has been presented to the follow/ng organizations: - Parks and Recreation Commission - Planning Commission - Greenways, Trails and Bikeways Committee - Virginia Department of Conservation and Recreation - Council of Civic Organizations - Resort Area Advisory Commission - Virginia Beach Vision - Pungo Kiwams Club - Back Bay Wildlife Refuge Staff - Seashore State Park Staff - Virginia Beach Lions Club - Virginia Beach Sports Club Thc following pages include: Draft of the VBOP Executive Sunmuu'y, summaries of comments and correspondence received to date, and attendance lists from public meetings. VIRGINIA BEACH OUTDOORS PLAN Executive Summary The Virginia Beach Outdoors Plan is tl~ lust attempt by the City of Virginia Beach to daf'me in one document its philosophy regarding the planning, protection, design, development, fumming, construction, management, and maintenance of its natural and recreational resources of an outdoor nature. The plan is intended to pwvide an overall framework for these diverse and complex issues which often overlap and interrdate, creating diverse and complex coordination pwblems for the array of City staff, depari~ients, private citizens, vendors, and users who are involved with the City's natural and recreational resources. A summary of the plan is outlined below. OUTDOORS NETWORKS: A SYSTEMS APPROACH The Outdoors Plan is a new way of thinking, emphas/z/ng a recreational system rather than parts. Clearly, the focus of the plan recommends expanding the Parks and recreation Capital Improvement Program (CIP) and the responsibilities of the Parks and Recreation Depazlment for planning, development, and management of the Outdoors Plan. The plan recommends to add four new networks to the Parks and Recreation CIP and Department management. The complete system for the plan, along with key recommendations for each network, are listed below. BIKEWAYS AND TRAILS: Develop key linkages to complete a tectr41ion and trieuporation network. Fir~ priorities are: Pungo Trail; e4~/we~ trail corridor beglnnin~ with the ]~d~Ort Area to (~; ~ Drive to Northampton Boulev~l trail comdor; Oce~ Walk; and Elizabeth River Trail. Include equestrian trails as well ss hiking, pedestrian, ami bike trails. GREENWAYS AND $CENIC WATERWAYS: Develop a north/muth and easrJwest grcenways ami scenic waterways network. Develop new scenic waterways ac~ss points during the proposed CIP cycle (through 2000); two ~_*s poin~ ~ planned wi~ state and federal agencies. HERITAGE RESOURCES: Include natural, cultural and historic areas in the overall Outdoors Plan. Develop joint managenaent program for natural areas with state and f~leral agencies. First priorities are Francis Land History Park and Cape Henry Lighthouse Restoration. PARKS AND GOLF COURSES: The plan outlines the existing inventory and standards for the City-wide park network. This analysis indicates a major success for the City in developn~nt of active recreational amenities. First priorities are: · Continue development of current CIP funded park projecu · Continue focus on the high priority deficit areas · Development of West Neck Creek District Park · Recreation improvements adjacent to Oceana · Pecan Gardens Neighborhood Park PUBLIC BEACH ACCESS: Focus on expamion and improvemmu to Little Island Park. ~ with planning anti development of a beach/recreation facility in the Chesapeake Bay Beach area to include parking, restrooms, boat launch, trails, and handicapped accessible boat launch and av,,immiag facilities. MAJOR FINDINGS Thc Outdoors Plan addresses many spccK~ regarding the implementation of a systems approach to open space and recreation issues in the City. The following items summarize significant f'mdings and recommcndatiom set forth in the plan. GOALS/BENEFITS · Ouelity of life · Econonfic development · Neighborhood pm~m'vntion · Health and wellness · Environmental protection · Tourism FUNDING PROGRAM FOR IMPI.~ATION · Parks and Recreation CIP · Lcverqe of funds with grants, ofl3er revenue sources · Optimum funding match 60% CIP 40% ot~er · Joiflt pafllle~fips · Current local funding adcquate for development of the system ACQUISITION AND DEYELO~ POLICY · Standards and suiddines for acquisition · Revise subdivision ordinance, adjust ruervatJon alternative · Allow for administrative approval of dedication alternatives · Inventory and disposal of excess CiVJ property (% of t~venues from disposal would go to the Virginin Beach Outdoors Plan) · Design guidelines (sustainability, ADA) · Acquisition team approach, P&R involved in cio/wide acquisition and disposal of surplus property ORGANIZATIONAL FRAMEWORK · Intcrdepartnzntal approach, strong coordination between Planning and P&R · Expanded role for Parks and Recreation Commies/oil Bnd establishment of Virginia Beach Outdoors Ptan Management Team (to include civic, COmn~miO/, nnd user rcpre~ntation) · Allocation of existing staff resources at this time MAINTAIN CURRI/2qT MAINTENANCE COSTS · Redefined maintenance requirements · More natural and sustahlable properties appearance · Continue to promote less/ntensive ma/ntemnce materials and plantings · Expand system using currcnt staffing and funding FUTURE WORK PROGRAM HIGHLIGHTS · Integrated and consistent sign system · Marketing/advertising plan for the Outdoors system · Inventory and disposal of existing City property · Ordinance/Regulation ~vi~ions · Identify nad evaluate potential boat ramp sites · Federal/State property use asreements and access VIRGINIA BEACH COMMENTS AND CONCERNS RECEIVED BEFORE ~ULY 26, 1994 The following lis~ outlines the major concerns and comments received at the April 21 Public Meeting and up until the July 26, 1994 Public Meeting. Public Bemch/Lemter Bridge Ares: Concern was e~ by the CCC) for developm~t of a public beach facility in the vicinity of Leaner Bridge. The plan will be revised to delote site specific references for the bayf'ront area regarding the proposed Pleasure House Creek boat ran~, and beach access facility at the Leaner Bridge. The plan will recommend further study regarding appropriate sites and types of access for beach use and boat launching in the bay'front area. Cover: The report cover needs to be revised. Equestrian Fncflitles: The report needs to be revised to include a de__~tription of existing equestrian facilities at Princess Anne Park. The plan should address opportunities for equestrian trials in thc West Neck Creek, Dam Neck Road, and Oceana areas of the city. Multi-Recreational Corridors: The plan nmts to emphasize multi-use potential (hiking, bikins, equestrian, walking, skating, canoeing, ctc.) from a recreational and transportation perspective. Oreanway corridors should link various typ~ of activities: active recreation, golf courses, and trails. Regional $tormwater Manngemmt Facilities: The plan needs to include the deveiopmant of open space and recreational facilities in conjunction with the design of regional stormwntcr management facilities. Health and F.,ennomlc Benefits: The plan needs m include references to public health and economic benetm derived from the development of a recreational system. In addition, the plan needs to encourage wellness partnerships with healthcare providers and schools. Marketing and Education: Expand references to marketing and education to include publicity, public relations, promotions, and special events to heighten citizen and outside interest in the system. Include educational programs for residents and visitors. Educate the public about the system and opportunities it affords for recreation and enhancement of economic development, ecotoorism, and tourism opportunities. Clarify Funding ~om and Uses: Clarify the funding and estimates for pro)ecu and identify that funding from the Outdoor Plan Initiative Reserve is not for golf course development. Shore Drive Trails: Include a proposed trail along Shore Drive connecting the oceanfront, Seashore State Park, Bayville District Park, and Bayside Community Recreation Center. Ocenna NAS and Fort Story: Identify the potential for parmerships with Oceana NAS and For~ Story for the development of trails and bikeways, greenways, and observation park are~. System Map and Matrix: Develop an overall system map and information matrix for use by the public. Increase Public Beach Access to State and Federal Properties: The plan should address thc need to increase public access to beaches on federal and state properties. Ongoing Public Partkipntion: Develop a proc__-~ss__ for ongoing public participation which is part of thc plan. This could be in the form of a Virginia Beach Outdoors Plan Management Committee including public representation. VIRGINIA BEACH Outdoors Plan OUTLINE OF COMMENTS OR CORRF..SISONDENCE RECEIVED DURING AND FOLLOWING THE ~OLY 26, 1994 PUBLIC MEETING HELD AT THE PRINCF. SS ANNE COMMUNITY RF. CREATION A public meetin~ on the Virginia ~ Outdoors Plan was h~ld on July 26, 1994 at 7:00 p.m at the Princess Ann~ Commmtity Recreation Center, Approximately 75 people attended t~e tmeting plus 6 city staff. A large portion of lhe attendees represrnted Virginia Beach Ho~se Trails and Virginia Beach 4-H Association. A list of attendees is attached. The presentation imluded Ibc Outdoors Plan Video nn information outlim. Comments were written on a flip chart for review by everyone attending the meeting. The commmu and discussion of the meeting are outlined below. COMMENTS AND DISCUSSION Trails: Ensure trails are multipurpo~ and indude equmrbm facilities. Ccmc~pts to be i~cluded in trail development: "educ~_!~', 'sharing', 'respect". Include references to the need for/demnnd and development of equestrian f~ilitie~ in the executive summa~ and report. Growth of Horse Industry: Drnmntic increase/n horse/ndustry/n Virginia Beach: 'more horses in Virginia Beach now than in Colonial times". Horse Bench Accens: Considerable interest in the availability of horseback riding on public beache~ during non- pezk time~. Princess Anne Park: Park equestrian facilities am not ava/lable other ~ special events, tra/ler par~ing is poor at the park. Non-Trailer possibilities: Ther~ needs to be better access to tra/ls for those withou! hor~e trailers. Ralirond riebt of why to Munden Point: Concern that the ex/sting rail road ROW be maintained for trail use and not sold to private property owners. Coordination at city depnrtments and processes: Concern about the various city processes: development (PW & PU); stonnwater managemmt; Site ptan review, Schools, etc. There needs to be coordination between departments to avoid conflicting actions. Transition Arem: Need to include references of previous studies for te~m~ation opportunitie~/n the Tm/t/on Areas. Equestrian centen were recommended in the previou~ studies for these areas. Include previous concepu and potential development ar~a~. Trails D~lgn: Consider abuse and m/suse of trails (example All Terrain Vehi¢le~). Aeeem from Major Rondways: Include patting and ~,e~s points from major roadwayt to trail system~ (example parking and ncc. e~-~ to Pungo Trail at locations along the trail, parking for horse trailers Youth are the Future of Virginin Bench: Meeting recreational needs is critical for youth. F.,questr/nn activities provide wholesome, family oriented, therapeutic recre~ion opportunities which nrc an alternative to crime, dru~, alcohol, etc. Rural Lsndowners Am: L~lo~ n~ed 'm be willing to grant easements for trails. City staff nmb to research legisl~ion regarding liability roues (rec~ California leg~si~on). Tra/ls for Trampormtlon and Recreation: Current planning and trends nationwide identify the need for trials for transportation and recreation. ISTEA funding clearly supports this approach. Consideration needs to be given to include bicycle storage in the development of city facilities. False C4pe State Park/Back Bay Wildlife Refuge: Concern for access to these facilities and questions regarding planning for a causeway linking North Carolina and Virginia. COMMENTS AND CORRESPONDENCE FOLLOWING THE JULY 26, 1994 PUBLIC MEETING Council of Civic Organizations: Letter from Cotumil of Civic Organizations requesting final adoption of the plan be deferred until after review of a Fimtl Draft Plan and discussion of specific issues for consideration in the plan. Ocean Park Civic League: Comments from Mr. Hook, President of Ocean Park Civic l. mgue, suggesting improv~nent to beach access under Leaner Bridge and addition of pedestrian~ike wail to the bridge (southside along Shore Drive) when the bridge ia improved. No formal stand from the civic league was taken. Tidewater Aquatic Club: l.~tter requesting the development ora 50 meter pool facility for swim teams 0citer from Peter W. Bulkeley, President, Tidewater Aquatic Club). Joseph A. Miller: Letter requesting a competitive aquatic center with a 50 meter/8 lane pool. Patricia B. Strait, Ph.D., Strait Management Conmlth~: Letter requesting pres~rva~i°~ of existing woods at the intersection of Independence Boulevard, Vi~gima ~ Boulevard and Columbus Street. VIRGINIA BEACH Outdoors Plan O~ OF COMMENTS OR COBRF3PONDENCE RECEIVED DURING THE AUGUST 4, 1994 PUBLIC MEETING i~LD AT THE CENTRAL LIBRARY A public mm, ting on th~ Virginia Beach Outdoors PI*~ was held on Augus~ 4, 1994 at 7:00 p.m at the C~tral Library. Approxin~ely 60 people attended the meeting plus 6 city staff. A list of attendees is attached. The pregnmion included the Outdoors Plan Video an infonmtion outline. Commem were written on a flip chart for review by everyone attending the meeting. The comments and discussion of thc meeting a~ outlined below. COMMENTS AND DISCUSSION Pungo Trail: Extend Pungo trail to Muddy Creek Road. Sheriff's Work Force: Use the Sheriff's work force to develop West Neck Creek Park. Parking for Trails: Ensure there is parking avsilable for user's to access trails. Pungo Airfield: Develop the Pungo Airfield for an Equestrian Center. development of P. A. Park. Tramlm~tation Enhan~ment: Concern that improvements expand unnsportation opportunities and reduce automobile trips. Ensure that appropriate bike lane and shoulders are included in highway projects. Bike Stors~e: Include bicycle stooge facilities at destination~ and facilities. Safety for pedestrians/bikers nt emssin~s: Ensure safe pedestrian and bicycle crossings are included in the plan. Sou~em Rural Aren Plan: Coordinate Outdoor Plan with the Southern Rural Area Plan and require bridle patio. Horse Tmils/Che~penke: Expand horse trails w. ith the City of Chesapeake. Amerienn Dimbilitles Aet/Handleap &ece~: Compliments to the inclusion of acce~ibility in the plan. Ensu~ that water access, beach access, parking nexus, n-a/Is aece~ are included for handicap accessibility. Also include accessibility features on plans for public awareness and orientation. Heritage: Incorporate Native American into the Heritage Network. State nnd Federal l~ol~flies: Increase cooperation and access w/State and Federal properties. Sus~innhllity: Limit use to natm'al facilities to p~omote long term sustainability. Trails Use Ineoml~tiblHty: F. mure appropriate design and safety standards to limit incompatibility of certain uses (i.e. motorized vehicl~ and pedestrians). Adopt a "Trail": Expand adopt a spot pro,rams to include trails. 1