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AUGUST 13, 1996 MINUTES @f 13@EA@" "WORLD'S LARGEST RESOFff CffY@ CITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH, III, Virginia Beach Borough WILLIAM W. HARRISON, JR, Lynnhaven Borough HAROLD HEISCHOBER, At-Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough REBA S. McCLANAN, Princess Anne Borough NANCY K. PARKER, At-Large LOUISA M. STRAYHORN, Kempsville Borough II IIAI l@ BCJIU)IN(; JAMES K. SPORE, City Manager CITY COUNCIL AGENDA 2@ll ( OURI 110()SF I)RiVk, LESLIE L. LILLEY, City Attorney VIRGINIA REACil VIR(;)NIAZ14.%@@Ill RUTH HODGES SMITH, CMC/AAE, City Clerk AUGUST 13, 1996 17571427 430.1 I. BRIEFING - Virginia Marine Science Museum - 10:00 AN (Trolley Leaves Municipal Center at 10:00 AN) A. ECONOMIC VITALITY STRATEGIC ISSUE TEAM Robert L. Scott, Director of Planning II. REVIEW OF AGENDA ITEMS - Conference Room - 12:NOON III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 1:00 pH A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Larry Hinton Mount Zion AME Church 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 F. MINUTES 1. INFORMAL & FORMAL SESSIONS August 6, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA Ihe Consent Agenda will be detennmed during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. RESOLUTIONS/ORDINANCES 1. Resolution to authorize the City Manager to execute an Agreement between the City of Virginia Beach and the Commonwealth of Virginia, Department of Transportation (VDOT) for administration of the Arts Center/Oceanfront Connector Trail (CIP #9-057), from the Beach Garden Park to the Virginia Beach Center for the Arts. 2. Resolution to refer to the Planning Commission a proposed amendment to Section 203 of the City Zoning Ordinance re on- site vehicular parking requirements for restaurants. (Requested by Councilwoman Nancy K. Parker) 3. Ordinance to authorize a temporary encroachment into a portion of the City's 10' pedestrian access, utility and drainage easement and 10' easement for highway maintenance to FRANCES J. and NORMAN E. CHALMERS re constructing and maintaining an 8' x 10' portable storage shed (LYNNHAVEN BOROUGH). 4. Ordinance to authorize License Refunds in the amount of $1,769.20. J. PUBLIC HEARING - PLANNING 3:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. RECONSIDERATION OF PROFFERS re dedications, street improvements and traffic signalization in the April 11, 1995, approved Application of CH&B ASSOCIATES, THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS re completion of improvements to Windsor Oaks Boulevard at the intersection of Holland Road, in behalf of ORIX/WILKINSON VIRGINIA BEACH VENTURES (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 2. Application of JOHN E. HAWKINS for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires newly created lots meet all requirements of the City Zoning Ordinance and Section 4.4(d) which requires that all lots created have access to a public street, at 3009 Little Haven Road (LYNNHAVEN BOROUGH). Deferred: July 9, 1996 Recommendation: DENIAL 3. Application of AMCORP., T/A Best Deal Auto Sales for a Conditional Use Permit for motor vehicle sales and minor repairs on the South side of Virginia Beach Boulevard, East of Rosemont Road (3645 Virginia Beach Boulevard), containing 41,948 square feet (LYNNH"EN BOROUGH). Recommendation: APPROVAL 4. Application of JAN KOTTKE for a Conditional Use Permit for a school on the North side of Princess Anne Road beginning at a point 110 feet more or less East of Huckleberry Trail (2208 Princess Anne Road), containing 2.8 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL 5. Applications of the CITY OF VIRGINIA BEACH: a. AMEND and REORDAIN Section 4 of the Site Plan Ordinance ADDING provisions re plans and information on hauling operations associated with the excavation of stormwater management facilities. Recommendation: APPROVAL b. AMEND and REORDAIN Section 7.1 of the Subdivision Regulations ADDING provisions re plans and information on hauling operations associated with the excavation of sto"mater management facilities; and, ADDING Section 7.8 re public health, safety and welfare in the approval of subdivisions. Recommendation: APPROVAL C. Amendments to the City Zoning Ordinance: (1) AMEND and REORDAIN Section 111 re definition of a borrow pit. (2) AMEND and REORDAIN Section 227 ADDING requirement to provide hauling operation information on an application for a Conditional Use Permit for a borrow pit with further reference to farm and fish ponds. (3) AMEND and REORDAIN Section 405 re residential development pursuant to Conditional use permits in Agricultural Zoning Districts. Recommendation: APPROVAL K. APPOINTMENTS COMMUNITY SERVICES BOARD PUBLIC LIBRARY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically di led or visually impaired and need assistance at this meeting, please call the CITY CLERXIS OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 08/13/96BAP AGENDA\08-09-96.PLN CITY OF VIRGINIA BEACH SUMMARY OF COUNCiL ACTIONS H E 0 s H I m 8 T A S C E S R DATE: August 6, 1966 a R C H C R P E A PAGE: 1 R R H E J L N A S Y 8 A I 0 N 0 A D R S H A N S 0 L N N 0 K 0 0 AGENDA U C 0 E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N lfil/Ill/ OERTIFICAIION OF EXECUTIVE CERNFIED 11-0 y y y y y y y y y y y IVIE $MON F/I MINUTES 9 July 1996 APPROVED 10-0 y y A Y Y y y y y y y s s T A I N E D G AGENDA FOR FORMAL SESSION ADOPTED B y c 0 N S E N s u s H PRESENTATION The Fionorable Owen Pickaft BACK BAY PATIONAL WILDLIFE US Congress/ REFUGE John Stasko REVENUE IN LIEU OF TAXES Refuge Manager Back Bay/ Ken Meffit Check in amount of $204,269.00 Refuge Manager Mackay Island J PUBUC HEARING 1 LOCAL LAW ENFORCEMENT BLOCK No Speakem GRANT K/1 Ordinance to ACCEPT/APPROPRiATE ADOPTED 11-0 y y y y y y y y y y y $257,123 Block Grant/TRANSFER BY CONSENT $28,560 City's match re crime/public safety 2 Ordinance to ACCEPT/APPROPRIATE ADOPTED 11-0 y y y y y y y y y y y to MHMRSA: BY CONSENT a $183.700 re waiting lits/expanded programs b $21,548 KOVAR Grant re eqtgpment for SKILLOUEST c $17,699 interest income re personnel 3 Ordinance to APPROPRIATE $75,000 ADOPTED 11-0 y y y y y y y y y y y interest-free loan to Davis Corner BY CONSENT Volunteer Rescue Squad re replacement ambulance 4 Ordinance to AMEND Section B-27 of the ADOPTED/ 11-0 y y y y y y y y y y y Code to establish Appeal Process re REVISED BY hazardous marine structures CONSENT (15 business days on Line 51) 5 Ordinance to AMEND Section 23-46 of ADOPTED 11-0 y y y y y y y y y y y the Code re public nuisances: BY CONSENT a Definition b Notice requirements c Removal d Assessment/collection of costs 6 Ordinance to declare EXCESS ADOPTED 11-0 y y y y y y y y y y y PROPERTY/dispose of same BY CONSENT a Approx 0.059 acre at 4960 Athens Blvd In petition of ROBERT S/ELSIE P REYNOLDS (BAYSIDE BOROUGH) b 153 sq ft at 1661 Kepler Bend Pine Meadows In petition of JAMES J/ BRENDA K. SAUCEDA (PRINCESS ANNE BOROUGH) a?Y OF WRGINL4 BEACH SUMMARY OF COUNCL ACTIONS H E 0 s AH I m B T S C E s A DATE: August 6, 1995 B R C H C R P E A PAGE: 2 R R H E J L N A S y 0 A I 0 N 0 A D R S H A N S B L N N 0 K 0 0 AGENDA U C 0 E E E A R E M R ITEM SUBJECT MOTION VOTE M H N R Y S N F R S N 7 Ordinance to authorize encroachment ADOPTED 11-0 y y y y y y y y y y y into portion of r-o-w of Kleen Street to BY CONSENT Dragas Associates III re installation of metal security gates at Lesner Pointe East Condos (LYNNHAVEN BOROUGH) 8 Ordinance to grant a francise to Beach ADOPTED 11-0 y y y y y y y y y y y Wings (Atlantic Avenue Sidestreet Cafe) BY CONSENT to operate open air cafe at 21st Street/ Atlantic Avenue 9 Resolution to authorize Agreement ADOPTED 11-0 y y y y y y y y y y y between the CITY/VDOT for administration BY CONSENT of Pungo-Park Connector Trail Phase I between Landstown Rd/Municipal Center 10 Tax refunds $8,016.26 APPROVED 11-0 y y y y y y y y y y y BY CONSENT 11 License Refunds: $11,208.89 APPROVED 11-0 y y y Y y y y y y BY CONSENT L UNFINSHED BUSINESS ADD- APPOINTMENTS ON CITY/SCHOOL CONSOLIDATION COMMITTEE Linwood O. Branch III Resigned Reba S McLanan APPOINTED I y y y y y y y y y y y DEVELOPMENT AUTHORITY APPOINTED 11-0 y y y y y y y y y y y 4 Year Term Stephen W. Burke 09/01/96 ttvu 08/31/200D PARKS and RECREATION REAPPOINTED 11-0 y y y y y y y y y y COMMISSION Dan J.Brockwell 3 Year Terms John F. Bryant 09/01/96 Herbert A. Culpepper thru Diane F. Horsley 08/31/98 VIRGINIA BEACH CRIME TASK APPOINTED 11-0 y y y y y y y y y y FORCE Unexpired Terms thru Jane Brooks OZ'2aW H. Les Powell OZ28/97 I VIRGINIA BEACH HEALTH SERVICES APPOINTED 11-0 y y y y y y y y y y ADVISORY BOARD Unexpired Terms #wu Gene E. Feuerhahn 03/31/97 Peregrin C Francisco 03/31/98 M/N ADJOURNMENT: 2:20 PM M I N U T E S VIRGINFA BEACH CITY COUNCIL Virginia Beach, Virginia August 13, 1996 MaYor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING for the VIRGINIA BEACH CITY COUNCIL in the Virginia Marine Science Museum on Tuesday, August 13, 1996, at 10:30 P.M. Council Members Present John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndwf and Nancy K Parker Council Me)nbers Absent.- Harold Heischober [ENTERED: 10:32 A.M.] l'ice Mayor William D. Sessoms, Jr. [ENTERED: AGEIVDA REVIEW SESSION 12:30 P.M.] Louisa M. Strayhorn [IN NEW ORLEAN@ BEING SWORN IN AS EASTERN REGION 9-7CE PRESIDE,VTFOR NATIONAL URBANLEIGUE] - 2 - CITY MANAGER'S BRIEFING ECONOMIC VITALITY STRATEGIC ISSUE TEAM 10:30 AM. ITEM # 41074 The City Manager advised the City developed the Quality Service System in response to the destination points identified by City CounciL Having a safe community is not the sole responsibility of the Police Department, it involves Social Services, Mental Health, Public Utilities, Public Works, Housing and Neighborhood Services and Parks and Recreation. Thus the issues cross many departmental lines. 77se six Strategic Issue Teams are: Economic Vitality Safe Community Quality Education and Lifelong Learning Quality Physical Environment Cultural and Recreational Opportunities Strengthening Families During the past three years, Economic Vitality and Safe Community have been the Council's top Priority. Strategic Focus Groups have been developed to narrow the context of these broad areas. The staff will be returning with a Budget Submission, specific recommendations in terms of program structures which will fully assist in achieving City Councit's designation points. This presentation should be helpful in preparation for the Council's Retreat on August 20-21. Robert J. Scott, Team Leader - Economic Vitality, advised on June Sixth all of the Strategic Issue Teams met and posed the question "What would we like the Council to know about our process?' 7heir answer was that Council should know the following five items: 1. Our work is based on the destination points that Council identified in their retreat. 2. The six businesses we have derived from the destination points are inter-related. 3. Success depends on our ability to identify the root causes of our desired outcomes. 4. Root courses are inter-related. 5. Using the six businesses as a framework, there is a combination of actions we can help you devise which if implemented, will move us toward success in all of them, and toward arrival at Council's destination points. There is a cause and effect relationship between Economic Vitality and each of the other identified businesses. The ladder is the symbol of 'where we are' at the bottom rung of the ladder and 'where we want to be' at the top rung. Mac Rawls, Director of Museums, discussed the 70:30 Ratio Goal, which has been identified by City Council as an important destination point. The goal of 70:30 is to have 70% of taxable property residential and 30% commercial. Currently 82% of the property in Virginia Beach is residential, approximately 18% is commercial. Total property value, and this excludes military and government properties, is $18-BILLION. VALID INDICATORS TO DETERMINE A HEALTHY CITY BEYOND JUST THE NUMBERS 70:30. Housing Vale and Appreciation of Housing Stock Diversity of Housing Stock Per Capita Income of Residents Average Salaries Paid by industries located here August 13, 1996 - 3 - CITY MANAGER'S BRIEFING ECONOMIC VITALITY STRATEGIC ISSUE TEAM ITEM # 41074 (Continued) Mr Rawls created the hypothetical cities, City A and City B. City A has housing stock increasing in value, appreciating and citizens can sell their property for more than they paid. City B is exactly the cpposite. Property is depreciating. Individuals who purchased property ten years ago are now selling at the same price. In City B, the poor are getting poorer. City A is in an economic environment where wealth is being created. City B is attempting to meet the challenge while dealing with the absence of wealth. City B attracts businesses which can capitalize upon the economic levels of the citizens who reside there. In other words, they are looking for cheaper labor. The per capita income of City A is high, while City B is low. The average salaries paid by industries of City A are above the national levels and state levels. City B possesses many low paying jobs. The type of housing available impacts strongly on the type of industries attracted Single Family housing in Virginia Beach is appreciating. Condominiums and Townhouses are not doing well. Their averages are rather flat. Re the Chart entitled 'Stratification of Housing Values", the majority of housing in the City is in the middle income group and above. The City has been below state and national per capita income in the last three years of the comparisons depicted in the report (1992, 1993 and 1994). EMPLOYMENT % OF CHANGE Virginia Beach Total Employment from 1983-1994 has changed 51.08% (from 131,219 to 198,246 total jobs). The United States from 1983-1994 has changed only 24.77% (from 115,729,700 to 144,390,500 total jobs). Donald Maxwell, Director of Economic Development advised 70:30 Comparisons: City Residential Commercial Virginia Beach 82 18 Hampton 80 20 Suffolk 79 21 Chesapeake 77 23 Norfolk 75 25 Portsmouth 73 27 Newport News 69 31 Raleigh 63 37 Atlanta 63 37 Charlotte 61 39 Richmond 47 53 If the City wants to remain stable in the residential and attain a 70:30 split the City would need to add $2-BILLION in the commercial real estate tax base today. There is a relationship. Jobs generate income which creates housing, which requires retail and produce jobs. August 13, 1996 - 4 - CITY MANAGER'S BRIEFING ECONOMIC VITALITY STRATEGIC ISSUE TEAM ITEM # 41074 (Continued) Mr. Maxwell cited the following examples regarding the amount of capital investment coining within a city, FIRM A FIRM B FIRM C Capital Investment 15-MILL[ON, 3-MILLION, 50,000 $750,000, 7,500 sq. 500,000 SQ FT@ sq. ft. @ $60.00 sq ft. ft. @ $100 sq. ft. s3aoo SQ.FT. Jobs Created 500 300 40 Income $ 16,640 ($8.001hr) $ 31,280 ($16001hr) $45,000 - $50,000 Housing Demand Rental Approx. High Ownership, Greater than $4001month or $100,000 $200,000 with almost lowlmoderate all home-ownership ownership $50,000. Retail Value over quality, Better quality VS. High Disposable discountlbudget value considerable income, high quality, oriented little or no disposable income. name brands. disposable income KEY POINTS 70:30 must be driven by quality. There is a strong relationship between jobs, income, housing and retail. Susan Walston, Director of Parks and Recreation, advised the team's understanding of Economic Vitality is it has a much broader context than simply economic development. Mrs. Walston displayed the chart depicting Economic Vitality with the over-arching concept of Economic Diversity and Growth. Economic Diversity and Growth is defined as the expectation of a positive experience. Economic Diversky and Growth are the characteristics which make the community vibrant both from creating and sustaining it over time. Economic Diversity and Growth entails characteristics of: wealth and income growth business success, quality of community, security and opportunity. Virginia Beach is a desirable place to live, to visit, to work and to play. There are many interrelated factors within Economic Vitality. Business Climate is defined as those factors favorable to entrepreneurial activity. If business climate is elevated to the desired state or the top rung of the ladder, then this cites the existence of a well trained diverse workforce, a government which knows when to get involved and when to hold back and business leaders, institutions, the media, and organizations are active and contribute to the business climate in an active way. Economic Diversity and Growth cannot occur without an environment that stimulates business success. They are interrelated. Community Environment is a powerful component in Economic Vitality. This is the infrastructure and spirit within the community that binds us together as individuals, families and communities. Louis Cullipher, Director of 4griculture, continued with the description of Economic Diversity and Growth. Work Opportunity and Security is defined when the job market exists that all individuals can rise to a level equal to their ability and skills with diversified employment. A diversified job market and labor force are important Re the Opportunity for Upward Mobility, educational opportunities are available for all members of the community and it also involves an opportunity to select and succeed in a career of choice, an ability to achieve and sustain a lifestyle of relative comfort. This City is recognized for having a full spectrum of educational opportunities supporting lifelong learning. A high percentage of college graduates enter the job market in Virginia Beach. August 13, 1996 - 5 - CITY MANAGER'S BRIEFING ECONOMIC VITALITY STRATEGIC ISSUE TEAM ITEM # 41074 (Continued) Jim Ricketts, Director of Dipartment of Convention and Visitor Development advised the City of Virginia Beach has a higher population than Miami, Atlanta, St. Louis, Cincinnati, Pittsburgh and Minneapolis. The Hampton Roads Region is defined by the Hampton Roads Planning District Commission. From an Economic Vitality standpoint, the region is isolated. Virginia Beach shares many of the same advantages and disadvantages of the region. The team believed if the region takes on a negative perception than Virginia Beach is going to lose. Dean Block, Director - Management Services, advised the Regional Relationships depended upon how the following questions were addressed: How do we think about the Region? What should we do? The team recognizes a region is simply an economic construct. The geographic of the region will change. Mr. Block cited Altermative Models for the Region: Sun/Planet Olympic Dominance Independence Satellites Inter-dependence Not Feasible for Hampton Roads Common ground External competition Recognizes facts of Hampton Roads. CONCLUSIONS/ACTIONS FOR VIRGINIA BEACH Inter-linked model (Olympic) Realistic Promote Act On A positive agenda regarding the region. Proactive Reject isolationism Enlightened self-interest Outcome oriented Robert Scott summarized the KEY POINTS: Understanding relationships and root causes 70:30 Jobs - income - housing - retail Economic Vitality defined Competitors are external not internal A new regional model and agenda Mr. Scott distributed the charts depicting the report of the Economic Vitality Strategic Issue Team. Said charts are hereby made a part of the record. The City Council rode the Trolley back to the City Council Conference Room and arrived at 12:30 for the Review of the Agenda. August 13, 1996 6 AGENDA REVIEW SESSION 12:35 PM. ITEM # 41075 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS/ORDINANCES I.1 Resolution to authorize the City Manager to execute an Agreement between the City of Virginia Beach and the Commonwealth of Virginia, Department of Transportation (VDOT) for administration of the Arts Center/Oceanfront Connector Trail (CIP #9-057), from the Beach Garden Park to the Virginia Beach Center for the Arts. I.2 Resolution to refer to the Planning Commission a proposed amendment to Section 203 of the City Zoning Ordinance re on- site Vehicular parking requirements for restaurants. (Requested by Councilwoman Nancy K. Parker) I.3 Ordinance to authorize a temporary encroachment into a portion of the City's 10' pedestrian access, utility and drainage easement and 10' eayement for highway maintenance to FRANCES J. and NORMAN E. CHALMERS re constructing and maintaining an 8' x 10' portable storage shed (LYNNHAVEN BOROUGH). I.4 Ordinance to authorize License Refunds in the amount of $1,769.20. August 13, 1996 - 7 - AGENDA REVIEW SESSION ITEM # 41076 The following will be discussed during the Formal Session: J.2 Application of JOHN E. HAWKINS for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires newly created lots meet all requirements of the City Zoning Ordinance and Section 4.4(d) which requires that all lots created have access to a public street, at 3009 Little Haven Road (LYNNHAVEN BOROUGH). ITEM # 41077 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K.1 RECONSIDERATION OF PROFFERS re dedications, street improvements and traffic signalization in the April 11, 1995, approved Application of CH&B ASSOCIATES THE CAPLAN FAMIILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS re completion of improvements to Windsor Oaks Boulevard at the intersection of Holland Road, in behalf of ORIX/WILKINSON VIRGINIA BEACH VENTURES (KEMPSVILLE BOROUGH). K.3 Application of AMCORP., T/A Best Deal Auto Sales for a Conditional Use Permit for motor vehicle sales and minor repairs on the South side of Virginia Beach Boulevard, East of Rosemont Road (3645 Virginia Beach Boulevard), containing 41,948 square feet (LYNNHAVEN BOROUGH). K.4 APPlication of JAN KOTTKE for a Conditional Use Permit for a school on the North side of Princess Anne Road beginning at a point 110 feet more or less East of Huckleberry Trail (2208 Princess Anne Road), containing 2.8 acres (PRINCESS ANNE BOROUGH). K.5 Applications of the CITY OF VIRGINIA BEACH. a. AMEND and REORDAIN Section 4 of the Site Plan Ordinance ADDING provisions re plans and information on hauling operations associated with the excavation of stormwater management facilities. b. AMEND and REORDAIN Section 7.1 of the Subdivision Regulations ADDING provisions re plans and information on hauling operations associated with the excavation of stormwater management facilities; and, ADDING Section 7.8 re public health, safety and welfare in the approval of subdivisions. c. Amendments to the City Zoning Ordinance: (1) AMEND and REORDAIN Section 111 re definition of a borrow pit. (2) AMEND and REORDAIN Section 227 ADDING requirement to Provide hauling operation information on an application for a Conditional Use Permit for a borrow pit with further reference to farm and fish ponds. (3) AMEND and REORDAIN Section 405 re residential development pursuant to conditional use permits in Agricultural Zoning Districts. August 13, 1996 8 CITY COUNCIL CONCERNS 12:40 PM. ITEM # 41078 Mayor Oberndorf advised of a citizen, who is employed by a jeweler, and had spoken to Council Members Jones and Heischober relative their license fee which is substantial. They wish to pay same in installments rather than up-front. The City Manager advised Robert Matthias will be conferring with the Commissioner of the Revenue and the Management Services and respond. Council Members have received numerous concerns from pawn shops. Mayor Oberndorf has the citizen's name, phone number and the name of the jeweler where she works and will advise the City Manager. This item will be SCHEDULED for the City Council Session of August 27, 1996. ITEM # 41079 Councilman Baum referenced several letters from Mr. Tazewell relative a trailer skirt for his daughter's mobile home. The City Manager advised this problem has been solved The Mayor advised he is now requesting their heat pump issue be resolved ITEM # 41080 Council Lady Parker referenced the correspondence relative the Sandbridge issue and beach renourishment and the Beach Erosion Control and Hurricane Protection Project. The City Manager advised Congress has recessed and there are no Federal funds for the project other than $208,000 to complete the design work. There have been various proposals by the Civic Organization and the organizations are trying to meet with Members of City Council to determine if the City can advance the funds. The Congressional Office is investigating whether or not the Corps of Engineers would even accept this approach. Council Lady Henley wished to make certain that Senator Warner and the Congressional Delegation are made aware the City does support this project and the community of Sandbridge is not split, but are in favor. Misinformation was received that these two factors were not as they are. It is very important that the City does support this and it be known so it does get in the funding cycle. Relative the easements, Council Lady Henley and the City Attorney advised 217 out of the 228 are signed which leaves 10 remaining. This whole process relative the easements was labor intensive and was done in "batches of 50" in excess of a year. The City Attorney advised these easements were drafted very narrow and specific at the request of the landowners, and there is not the flexibility of changing without having to have everyone resign. It references signing a Project Cooperation Agreement with the Federal government, the Army Corps of Engineers. The City Attorney is in the process of investigating the existing flexibility. August 13, 1996 - 9 - CITY COUNCIL CONCERNS ITEM # 41081 Councilman Harrison is meeting tomorrow, August 14, 1996, with Henry Ruiz, Director - Parking Systems Management, a representative of the Police Deparonent and a number of residents from the North End of the Oceanfront community, (north of 80th Street to the Fort Story entrance). The residents are having a terrible summer with regards to vandalism, profanity, utilization of alcohol and drugs, etc. These are occurrences similar to those in the Virginia Beach Borough. A similar permit program to Councilman Branch's borough is suggested to be implemented at the North End. The residents are willing to undergo the inconvenience of a permitting process to make dusk-to-dawn parking available only to the residents of that community. ITEM # 41082 Councilman Harrison is still receiving calls from Kings Grant and Linlier. The amount of vandalism being reported in these two communities is outrageous. There must be some way to increase the patrolling in these areas. The citizens are voicing their concerns re adequate protection. Hopefully recommendations can be addressed. Councibnan Harrison wishes to discuss this situation during the Retreat August 13, 1996 - 10 - ITEM # 41083 Mayor Meyera F, Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, August 13, 1996, at 12:50 P.M. Council Meinbers Present. John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker and Vice Mayor William D. Sessoym, Jr. Cmmcil Members Absent Louisa M. Strayhorn August 13, 1996 - 11 - ITEM # 41084 Mayor Meyera E. Oberndorf, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 21-344, Code of Virginia, 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 (A) (1). TO Wit. Appointments - Boards and Commissions: Community Services Board Public Library Board 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: Lake RidgelPrincess Anne Borough Southeastern Parkway and Greenbelt LEGAL MATTERS: 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 provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: City v. Barnes and Thompson Grading. Upon motion by Vice 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 0. Branc/4 III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan, MaYor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessom, Jr. Council Members Voting Nay: None Council Members Absen Louisa M. Strayhom August 13, 1996 - 12 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 13,1996 2:00 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 13, 1996, at 2:00 P.M. Council Members Present.- John A Baum, Linwood 0. Brancl; III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McCianan, Mayor Meyera E Oberndorf Nancy K Parker and Pice Mayor William D. Sessona, Jr. Council Members Absent. Louisa M. Sfrayhorn [IN IVEW ORLE,4N@ BEING SWORN IN AS EASTERIV REGION VICE PRESIDENT FOR NATIONAL URBAN LEAGUE] INVOCATION. Ruth Hodges &nit& CMCIAAE 77te City Clerk PLEDGE OF ALLEGL4NCE TO THE FL4G OF THE UNITED S TA TES OF AMERICA August 13, 1996 - 13 - Item V-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 41085 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 Fxecutive 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 Meinbers Voting Aye: @n A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and rice Mayor William D. Sessom, Jr. Council Members Voting Nay: None Council Me)nbers Absent.- Louisa M Strayhom August 13, 1996 RESOLUTION 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 # 41084 Page No. 11 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. Rdfh Hodgcs Smffb, CMC/AAE City Clerk August 13, 1996 - 14 - item V-El. MINUTES ITEM # 41086 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED, the Minutes of the INFORMAL AND FORMAL SESSIONS of August 6,1996. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba & McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Meinbers Voting Nay: None Council Members Absent: Louisa M. Strayhorn August 13, 1996 - 15 - Item V- G. J. ADOPT AGENDA FOR FORMAL SESSION ITEM # 41087 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 13, 1996 - 16 - Ite,m V-G.2 INTRODUCTION ITEM # 41088 Mayor Oberndorf introduced the following Boy Scout in attendance to earn his Citizenship in the Community and Communications Merit Badges. TROOP 493 Brad Hamblen August 13, 1996 - 17 - Item V-L CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41089 Upon Motion by Vice Mator Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1, 2, 3, and 4 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, 14rlijam W Harrison, Jr., Harold Heisch0ber, Barbara M. HenleY, Louis P, Jones, Reba S. McClanan, MaYOr MeYera E Oberndorf Nancy K Parker and Vice Mayor 9-ilitam D. Sessoiw, Jr. Council Members Voting Nay: None Council Meinbers Absent.- Louisa M. Strayhorn August 13, 1996 - 18 - Item V-LI. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41090 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED' Resolution to authorize the City Manager to execute an Agreement between the City of Virginia Beach and the Commonwealth of Virginia, Department of Transportation (VDOT) for administration of the Arts Center/Oceanfront Connector Trail (CIP #9-057), from the Beach Garden Park to the Virginia Beach Center for the Arts. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessonw, Jr. Council Meinbers Voting Nay: None Council Members Absent.- Louisa M. Strayhorn August 13, 1996 1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE AN AGREEMENT FOR THE ADMINISTRATION 3 OF THE ARTS CENTER/OCEANFRONT CONNECTOR TRAIL 4 WHEREAS, the City of Virginia Beach applied for and received 5 Enhancement Program funds for the Arts Center/Oceanfront Connector 6 Trail, made available by the Ilirginia Department of 7 Transportation, the Virginia Department of Rail and Public 8 Transportation, and the Federal Highway Administration; and 9 WHEREAS, the estimated cost for engineering and construction of 10 the project is $500,000, of which the City is responsible for 20%, 11 plus any additional costs which exceed the estimated total cost, as 12 outlined in the Agreement; and 13 WHEREAS, the project will significantly enhance the 14 recreational amenities and transportation alternatives available to 15 the Citizens and Visitors of Virginia Beach; and 16 WHEREAS, funds are appropriated for this project in the 17 Commonwealth's Six Year Improvement Program; and 18 WHEREAS, the project forms the central element of the larger 19 Ocean Walk project, funds for which are in the City's Capital 20 Improvement Program, 21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA that the City Manager be, and is hereby, 23 authorized to make and execute an agreement between the City of 24 Virginia Beach and the Commonwealth of Virginia, Department of 25 Transportation for administration of the Arts Center/Oceanfront 26 Connector Trail, from the Beach Garden Park to the Virginia Beach 27 Center for the Arts, Project: EN94-134-V22, PE-101, PE-102, C-501, 28 a true copy of which is attached hereto. 29 Adopted by the Council of the City of Virginia Beach, Virginia 30 on this Thirteenth day of August 1996. ,..",./ED AS TO CONTENTS @TURE NI APPROVED As @@IGNARUP AGREEMENT FOR DEVELOPMENT AND ADMINISTRATION OF ARTS CENTER/OCEANFRONT CONNECTOR TRAIL BY THE CITY OF VIRGINIA BEACH THIS AGREEMENT, made and executed in triplicate as of this day of , 199_, between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the "Department" and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the licity". WITNESSETH: WHEREAS, the Department has adopted a Six Year Improvement Program for Fiscal Year 1994-95 through Fiscal Year 1999-2000 for streets and highways, which includes an allocation of funds for Arts Center/oceanfront Connector Tail, from the Beach Garden Park to Virginia Beach Center for the Art, Prolect: EN94-134-V22. PE- 101, PE-102, C-501 as identified in the Enhancement Program portion of the Six Year Improvement Program and referred to hereinafter as the "Project"; and WHEREAS, the estimated cost is $50,000 for preliminary engineering, and $450,000 for construction; for a total of $500,000; of which the City will be responsible for 20%, plus any cost as outlined in Section l.n. and WHEREAS, the Department and the City desire to construct the Project, which has received funding, as expeditiously as possible and the City agrees to have the Project implemented within 48 months from the date funds are made available for the project. NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The City shall consult with, and act as the agent of, the Department in performing the preliminary engineering, and construction phases of the Project, specifically including the following: a. Perform or contract with a consultant to perform the preliminary engineering, design and plan development necessary to award a contract for construction; and the administration, supervision and inspection of the construction of the Project through final acceptance, in accordance with Department procedures and policies, including settlement of any claims and disputes arising from the Project. b. If deemed appropriate by the Department, submit each phase of the work to the Department for review and approval as the project develops; and allow Department personnel to inspect all phases of the project at all times. -2- c Prepare plans for the Project, including such items as general notes, references to specifications and standards, typical sections, drainage plans, stormwater management, erosion and sediment control methods, profiles, cross sections, summaries, and the like. Plans may be prepared in accordance with City of Virginia Beach standards and format, provided the standards meet or exceed Department standards or are approved by the Department. d. With the assistance of the Department, coordinate the project through the State Environmental Review Process, prepare the appropriate environmental document as established by Federal Highway Administration policy and procedures and carry out the functions necessary to clear the Project environmentally. e. Evaluate for potential contaminated and/or hazardous waste sites during the survey or early plan development stage. Be prepared to discuss the presence of these sites and design alternatives with the Department. If contamination is determined to exist, whether obvious or established through testing, the City shall notify the appropriate regulatory agency. With Departmental approval, conduct detailed studies such as site characterization to determine the length of time -3- required for clean-up any and potential financial liability for the City and Department. If the purchase of property is anticipated the Department and City's first option is to pursue remediation by the property owner(s) through the appropriate agencies. f. If required, post a "notice of willingness to hold a public hearing" on the Project, conduct such a hearing, if necessary, in accordance with Department and Federal Highway Administration requirements and coordinate the Project with property owners in the Project area. g. Obtain all necessary permits for the Project. h. Coordinate and authorize utility relocations. i. Procure a contractor to construct the Project, in conformance with applicable provisions of the Virginia Public Procurement Act. The City agrees not to award a construction contract to any bidder unless its bid is within seven percent (7%) of the City's cost estimate or which is approved by the Department. The City agrees not to award such contract until the Commonwealth Transportation Board has accepted and approved the bid and the contractor, and until a standard City-State agreement is executed. Department policy will -4- govern the rate of participation for utility relocations and storm sewers. j. Submit any change orders to the construction contract to the Department's Resident Engineer for approval. k. Receive Department approval of any claims prior to settlement. 1. Maintain accurate records of the Project and documentation of all expenditures, identifying federally participating and federally non- participating, on which reimbursement will be based. Make project documentation available for inspection and/or audit by the Department or the Federal government at any time. M. Submit to the Department's Resident Engineer no more frequently than monthly, a statement requesting reimbursement for the Federal share of the project's costs. The statement must identify and document project expenditures to date and include a summary in the following categories: (1) Participating expenditures those expenditures which are eligible for Federal Highway Administration participation. (2) Non-participating expenditures - those expenditures which are not eligible for Federal Highway Administration participation. -5- All preliminary engineering charges shall cease on the date the construction contract is awarded. The final billing shall be made on the basis of final actual costs, reconciling any difference with previously billed amounts n. Agree to reimburse the Department 100%- of all expenses incurred by the Department in the event that: (1) The project is cancelled during any phase of work; (2) Expenditures incurred are not reimbursed by the Federal Highway Administration due to the City's failure to follow proper federal guidelines and/or the expenditures are found to be federally non-participating items; (3) Expenditures incurred exceed the total amount allocated in the Six Year Improvement Program. 2. The Department will coordinate with, cooperate with, and assist the City in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond in an expeditious manner to requests from the City. b. Provide the necessary coordination with the Federal Highway Administration and other appropriate Federal and State agencies; provide assistance and guidance to the City relative to environmental documentation and coordination as is appropriate. -6- C. Provide reimbursement for Project expenditures for the previous month or for the final billing, within thirty (30) days of receiving an acceptable statement from the City. The reimbursement amount will be based on the Enhancement Project worksheet (example attached). d. Audit all project costs and records as required by the Federal Highway Administration. e. Provide funding for the project pursuant to the Enhancement Program in the Department's Six Year Improvement Program. 3. All applicable federal, state and local regulations shall apply to all work performed on the project including consultant services contracts and construction contracts. 4. Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, or agent of the parties, nor shall it be construed as giving any rights or benefits to anyone other than the parties hereto. 5. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. 6. Upon the execution of this Agreement by both parties, the City is hereby authorized to commence with the Project. 7. This agreement may be modified with the mutual consent of the Department and the City. -7- IN WITNESSETH WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers. ATTEST: CITY OF VIRGINIA BEACH CITY CLERK CITY SIGNATURE APPROVED AS TO FORM: APPROVED (@ TO CONTENTS BY DEPA.',,tMEilT WITNESS: COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY: COMMISSIONER Virginia Department of Transportation Enhancement Project Workshoot For the month ended .... (This worksheet to be prepared by VDOT) Project Number: Total Est. Project Costs: Federal Project Est. Total: Federal Participating Share: 80.00% VDOT Expenditures to date: Agency Charges Consultant/Contractor Total VDOT Locality Expenditures to date: Direct Costs * Local Charges * Consultant/Contractor Subtotal Direct * Donated R/W (In-kind) Limitation to match incurred costs# Lftwr or Donated RAN & limitation Ma)dmum beneftt for donated In-kind (O - Limh the value of @ RM to them tch amount) Total Locality ( Dimd & nkm of donated) To date Project Totals Federal Share (80% Part Cost) Ma)dmum Fed Participation ...... ..... (L@ of F@l SW@ or M@um FW"l Partldpation) Amount Due Locality Amount Due from FHWA Less VDOT's Expenditures Reimbursement Due Locality Less Prev out nts Numt>ers provided by Locality VDOT ONLY Locality Con&fbutions Localfty's Total Costs Direct Costs incurred by Co. to date Value of In-ldnd oonstribution Amount Previously Recorded e @ I I 4 I I - 19 - Item Y-L2 CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41091 UPON motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED- Resolution to refer to the Planning Commission a proposed amendment to Section 203 of the City Zoning Ordinance re on-site vehicular parking requirements for restaurants. (Requested by Councilwoman Nancy K. Parker) Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and ;'ice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Louisa M. S(rayhorn August 13, 1996 Requested by Councilmember Nancy K. Parker 1 A RESOLUTION REFERRING TO THE PLANNING 2 COMMISSION A PROPOSED AMENDMENT TO SECTION 203 3 OF THE CITY ZONING ORDINANCE, PERTAINING TO 4 ON-SITE VEHICULAR PARKING REQUIREMENTS FOR 5 RESTAURANTS 6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That there is hereby referred to the Planning Commission, 9 for its consideration and recommendation, a proposed amendment to 10 Section 203 of the City Zoning Ordinance, pertaining to on-site 11 vehicular parking requirements for restaurants. The Planning 12 Commission is directed to make its recommendation concerning the 13 proposed amendment within thirty (30) days of the date of adoption 14 of this Resolution. A true copy of such proposed amendment is 15 hereto attached. 16 Adopted by the City Council of the city of Virginia 17 Beach, Virginia, on the 13 day of August 1996. is CA-96-6403 19 wmmordres\45-203a.res 20 8/8/96 21 R-1 Requested by Councilmember Nancy K. Parker 1 AN ORDINANCE PERTAINING TO ON-SITE VEHICULAR 2 PARKING REQUIREMENTS FOR RESTAURANTS 3 SECTION AMENDED: CITY ZONING ORDINANCE SECTION 203 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That Section 203 of the City Zoning Ordinance is hereby 7 amended and reordained to read as follows: 8 See. 203. Off-street parking requirements. 9 (a) The following specified uses shall comply with the off- 10 street parking requirements designated therefor: 11 12 (30) Restaurants other than drive-in eating and drinking 13 establishments: At least one (1) space per seventy-five 14 (75) square feet of floor area, including decks, patios 15 and other areas in which patrons congregate; 16 . . . . 17 COMMENT 18 The amendment clarifies that, in determining on-site parking requirements for restaurants (other than 1 9 drive-in establishments), the area encompassed by decks, patios and other areas where patrons congregate 2 0 is included in the calculation. The CZO's definition of the term "floor area" does not specifically include such 21 areas. 22 Adopted by the City Council of the City of Virginia Beach, 23 Virginia, on this_ day of 1996. 24 CA-6402 25 WMM/ORDRES/45-203A.COM 26 AUGUST 8, 1996 27 R-1 - 20 - Item V-L3. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41092 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's 10' pedestrian access, utility and drainage easement and 10' easement for highway maintenance to FRANCES J. and NORMAN E. CHALMERS re constructing and maintaining an 8' x 10' portable storage shed at 2409 Whaler Court (LYNNHAVEN BOROUGH). The following conditions shall be required: 1. The temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2. The temporary encroachment will be in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. 3. The temporary encroachment will terminate upon notice by the City of Virginia Beach and will be removed within thirty (30) days of such notice. 4. The owners 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 temporary encroachment. 5. It is agreed that no other encroachment other than that specified herein be constructed and to the limited extent thereof. 6 The owners agree to maintain said encroachment so as not to become unsightly or a hazard. 7 The party of the second part shall obtain and keep in force All Risk Property Insurance and Comprehensive General Liability in an amount not less than $500,000 naming the City of Virginia Beach as additional insured or loss payee, as applicable. Thirty (30) days written notice will be given to the City of Virginia Beach prior to cancellation or termination of or material change to, any of the insurance policies. & Upon revocation of the authority and permission for the temporary encroachment, the City may remove any such encroachment and charge the cost thereof to the party of the second part, imposing a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is continued on the property. August 13, 1996 - 21 - Item V-L3. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41092 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branci% III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voung Nay: None Council Members Absent.- Louisa M. Strayhorn August 13, 1996 1 AN ORDINANCE TO AUTHORIZE 2 A TEMPORARY ENCROACHMENT 3 INTO A PORTION OF THE 4 CITY'S 10' PEDESTRIAN 5 ACCESS, UTILITY AND 6 DRAINAGE EASEMENT AND 10' 7 EASEMENT FOR HIGHWAY 8 MAINTENANCE TO FRANCES 9 DEA CHALMERS, FRANCES J. 10 CHALMERS AND NORMAN E. 11 CHALMERS, THEIR HEIRS, 12 ASSIGNS AND SUCCESSORS IN 13 TITLE 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 That pursuant to the authority and to the extent thereof 17 contained in Section 15.1-893, Code of Virginia, 1950, as amended, 18 FRANCES DEA CHALMERS, FRANCES J. CHALMERS AND NORMAN E. CHALMERS, 19 their heirs, assigns and successors in title are authorized to 20 construct and maintain a temporary encroachment into the City's 101 21 pedestrian access, utility and drainage easement and 101 easement 22 for highway maintenance. 23 That the temporary encroachment herein authorized is for 24 the purpose of constructing and maintaining an 8' X 10' portable 25 storage shed and that said encroachment shall be constructed and 26 maintained in accordance with the City of Virginia Beach Public 27 Works Department's specifications as to size, alignment and 28 location, and further that such temporary encroachment is more 29 particularly described as follows: 30 An area of encroachment into a 31 portion of the City's 10' pedestrian 32 access, utility and drainage 33 easement and 10' easement for 34 highway maintenance, as shown on 35 that certain plat entitled: 36 "PHYSICAL SURVEY OF LOT 5, BLOCK C - 37 PLAT SHOWING CHESAPEAKE BAY SHORES 38 SECTION III - RESUBDIVISION OF LOTS 39 "R", "S", "T" AND A PORTION OF "Q" 40 AMENDED MAP - PROPERTY OF LYNNHAVEN 41 BEACH AND PARK CO. - LYNNHAVEN 42 BOROUGH, VIRGINIA BEACH, VIRGINIA 43 FOR ROBERT BRAXTON BROWN AND DEA 44 CHAIMERS BROWN - SCALE: 1" = 20' - 45 DATE: OCT. 12, 1993". a copy of 46 which is on file in the Department 47 of Public Works and to which 48 reference is made for a more 49 particular description. 50 PROVIDED, HOWEVER, that the temporary encroachment herein 51 authorized shall terminate upon notice by the City of Virginia 52 Beach to FRANCES DEA CHALMERS, FRANCES J. CHALMERS and NORMAN E. 53 CHALMERS, their heirs, assigns and successors in title and that 54 within thirty (30) days after such notice is given, said 55 encroachment shall be removed from the City's 10' pedestrian 56 access, utility and drainage easement and 10' easement for highway 57 maintenance and that FRANCES DEA CHALMERS, FRANCES J. CHALMERS and 58 NORMAN E. CHALMERS, their heirs, assigns and successors in title 59 shall bear all costs and expenses of such removal. 60 AND, PROVIDED FURTHER, that it is expressly understood 61 and agreed that FRANCES DEA CHALMERS, FRANCES J. CHALMERS and 62 NORMAN E. CHALMERS, their heirs, assigns and successors in title 63 shall indemnify and hold harmless the City of Virginia Beach, its 64 agents and employees from and against all claims, damages, losses 65 and expenses including reasonable attorney's fees in case it shall 66 be necessary to file or defend an action arising out of the 67 location or existence of such encroachment. 68 AND, PROVIDED FURTHER, that the party of the second part 69 agrees to maintain said encroachment so as not to become unsightly 70 or a hazard. 71 AND, PROVIDED FURTHER, that this ordinance shall not be 72 in effect until such time that FRANCES DEA CHALMERS, FRANCES J. 73 CHALMERS and NORMAN E. CHALMERS execute an agreement with the City 74 of Virginia Beach encompassing the aforementioned provisions. 75 Adopted by the Council of the City of Virginia Beach, 76 Virginia, on the 13 day of August 1996 77 CBC 78 July 5, 1996 79 GPIN 1590-20-1929 so APPROVED AS TO CONTENT 81 r 82 ClirLIL 83 Department APPROVED AS TO LEGAL SUFFICIENCY 2 THIS AGREEMENT, made this 3rd day of July, 1996, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and FRANCES DEA CHALMERS, married, and FRANCES J. CHALMERS and NORMAN E. CHALMERS, her husband, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain an 8' X 10' portable storage shed in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such 8' X 10' portable storage shed, it is necessary that the said party of the second part encroach into a portion of an existing City 10' pedestrian access , utility and drainage easement and an existing City 10' easement for highway maintenance; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such 8' X 10' portable storage shed within a portion of the City's 10' pedestrian access, utility and drainage easement and 10' easement for highway maintenance. GPIN 1590-20-1929 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 hand 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 10' pedestrian access, utility and drainage easement and 10' easement for highway maintenance; for the purpose of constructing and maintaining such 8' x 10' portable storage shed. 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 10' pedestrian access, utility and drainage easement and 10' easement for highway maintenance as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 5, BLOCK C - PLAT SHOWING CHESAPEAKE BAY SHORES SECTION III - RESUBDIVISION OF LOTS "R", "S", "T" AND A PORTION OF "Q" - AMENDED MAP - PROPERTY OF LYNNHAVEN BEACH AND PARK CO. - LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA FOR ROBERT BRAXTON BROWN AND DEA CHALMERS BROWN - SCALE: 1" = 20' - DATE: OCT. 12, 1993" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon 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 101 pedestrian access, utility and drainage easement and 101 easement for highway maintenance 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 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. 3 It is further expressly understood and agreed that the party of the second part shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part also agrees to carry Comprehensive General Liability Insurance in an amount not lees than $500,000.00, combined single limits of such insurance policy or policies. The party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the encroachment. 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 easements encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by 4 the party of the first part; and if such removal shall not be 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 WHEREOF, FRANCES DEA CHALMERS, FRANCES J. CHALMERS and NORMAN E. CHALMERS, the said party 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 By City MaiTag7er-/AuEh-ciFized Qesignee of the City Manager (SEAL) ATTEST: @PROVED AS TO CONTENI City Clerk SIG@TURE I)EPARTMENT APPROVED AS @i 0 LEGAL SU7-f-l'I@'l@r-NCY 5 FRANCES DEA CHALMER: (SEAL) FRANCES J. CHALMERS SEAL) @NORMAN E. C 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 , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreement bearing date on the day of 1 19_, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public My Commission Expires: 6 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 the 3rd day of July, 1996, has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19-. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Christopher B. Cahoon a Notary Public in and for the City and State aforesaid, do hereby certify that FRANCES DEA CHALMERS, whose name is signed to the foregoing writing, bearing date the 3rd day of July, 1996, has acknowledged the same before me in my City and State aforesaid. Given under my hand this 3rd@of July, 1996 /7 Not y@utfl-ic My Commission Expires: March 31, 1999 7 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Christopher B. Cahoon a Notary Public in and for the City and State aforesaid, do hereby certify that FRANCES J. CHALMERS and NORMAN E. CHALMERS, whose names are signed to the foregoing writing, bearing date the 3rd day of July, 1996, have acknowledged the same before me in my city and State aforesaid. Given under my hand this 3r 1996@ tary Pu5T-ic' My Commission Expires: March 31, 1999 8 4 LOCATION MAP I I CIIESAPEAKE (3AY @ @ 11 @ @ @ I I . I I n SITE m I i 0 1: i)fl%Nle THIS IS TO CERTIFY THAT WE, ON OCTOBER II r 1993 ONTIIISPLATANDTIIATTIIETITLELINESANDTIIEWALI.,40FTIIE SURVEYED TJJF- POOPERTY SHOWN TI IE BUILDINGS S'FANDs,rnICTLY Wil I IIN I I IE I ITLE LINEC.. AND Ti If BUILDINGS ON THE PROPERTY. EXCEPT AS SHOWN. BENCH MARK, INC. BEGINNING POINT OF DEVELOPMENT FLOOD DATA THIS PROPERTY APPEARS TO FALL INSIDE FLOOD ZONE ASSHOWNONF.E.M.A.FLOODMAPCOMMUNITYNUMBER 515531 PANEL NUMBER 0008C DATED 8 10/13/93 We ackgowledge and accept C-A@l o t4@ IC) NOW OR FORMERLY CHESAPEAKE BAY SHORES, LTD. art ra c -C.L.10' PEDE A AC CESS, UTILITY loh ti ATID DRA I ST N M o.4 GE EASE ENT Dd-a Chal-meis (S@DM 5 2 WALL' 4039'E 5.00' Fi RE IIIDI,4 A( T -S-F 2 #2 4og 4 LA m cm 0 w 3.4 z UN 1: 0 0 C) 0 C) cc co 5 14.0' f 5 > -C 251 UTILITY C&G EASEMENT PAVED PARKING C) PI A-15-71' NAIL(F) (F A=10.00' 90-75, S05021-00'-E 2@.25, PHYSICAL SURVEY WHALER COURT (50') OF LOT 5, BLOCK C PLAT SHOWING CHESAPEAKE BAY SHORES SECTION III RESUBDIVISION OF LOTS "A", IS", I-Tl- AND A PORTION OF .Q., AMENDED tiAP- PROPERTY OF LYNNHAVEN BEACH AND PARK CO. LYNNHAVEN BOROUGH, VIRGINIA BEACH, YIRGINIA FOR ROB ERT BRAXTO N BROWN AND DEA CHALMERS BRCWFJ SCALE: I"%20* PROJ. NO. 93-0809 MARK DATE OCt.-12 N BY - !--I 993 DRAW C P DRVRLOPM]ENT 12,qlp. 51 soot SPAAI%QW PIWA cmg$APEAK9. vA 23326 (804) 424-=39 - 22 - Item V-L4. CONSENT AGENDA RESOLUTIONS/ORDINANCES ITEM # 41093 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $1,769.20 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, 111, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Louisa M. Strayhorn August 13, 1996 PIO. CA S REV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CFTY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty lnt. Total Year Paid Babcock, Kathleen A. 1996 07/23/96 375.00 375.00 258 Harvard St. S-222 Brookline, MA 02146 Domino, Susan E. 1994/95 AUDIT 44.00 44.00 T/A Tasteful Gifts 1804 Jack Frost Rd Virginia Beach, VA 23455 Employment services, Inc. T/A Beta 1996 AUDIT 813.89 813.8q 4455 South Blvd S-410 Virginia Beach, VA 23452 Executive Trade Show Inc 1994 95 AUDIT 22 52 22.52 3834 Virginia Beach Blvd Virginia Beach, VA 23452 Certified as to Payment: @obert P. Vaughan Commissioner of the Revenue Approved as to form: @sfie L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,255.41 were approved by the Council of the City of Virginia Beach on the 13 day of August 19 96 Ruth Hodges Smith City Clerk DiO. CA 6 RffV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME Ucense Date Base Penalty lnt. Total Year Paid Rimpau, Jim Inc 1994-95 AUDIT 228.12 228.12 T/A Jim Rimpau Inc 2044 Regatta Circle Virginia Beach, VA 23454 Sentinel Fire Protection, Inc. 2040 Westland Drive S. W. Cleveland, TN 37311 1995 12/07/95 195.67 195.67 Siegel, Heiderose 1996 05/21/96 90.00 90.00 T/A Idlewhyle Hotel Coffee Shop 980 Armfield Circle 102 Norfolk, VA 23505 Certified as to Payment: @ert P. Vaughan Commissioner of the Revenue Approved as to form: @esri'e L Utley City Attorney This ordinance shall be effective from date of adoption. The above abatements totaling $ 513.79 were approved by the Council of the City of Virginia Beach on the 13day of August , 1996 Rutr) Hodges Smith - 23 - ITEM # 41094 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of Prospective candidates for employment assignment, appointment, promotiop; performance, demotiot; salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 21-344 (A) (1). TO Wit.. Appointments - Boards and Commissions: Community Services Board Public Library Board LEGAL MATTERS: 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 provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit: City v. Barnes and Thompson Grading. Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION (2:15 PM.). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis P, Jones, Reba 9 McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoiw, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn August 13, 1996 - 24 - ITEM # 41095 Mayor Meyera E Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 13, 1996, at 3:00 P.M. Council Members Present: John A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent.- William W Harrison, Jr. and Louisa M. Strayhorn August 13, 1996 - 25 - CERTIFlCATION OF EXECUTIVE SESSION ITEM # 41096 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WTH 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: 9-0 Council Members Voting Aye: JMn A. Baum, Linwood 0. Branc,% III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Mentbers Voting Nay: None Council Members Absent. William W Harrison, Jr. and Louisa M. Strayhorn August 13, 1996 Resolution 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 # 41094, Page No. 23 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. ]Cdfh Hodges Smffii, CMCIAAE August 13, 1996 City Clerk - 26 - item V-J. PUBLIC HEARING ITEM # 41097 PLANNING Mayor Obemdorf DECLARED a PUBLIC HEARING on: PLANNING 1. CH&D ASSOCIATES, THE CAPLAN FAMILY TRUST 1976, RECONSIDERATION OF THE FLEDER FAMILY TRUST 1976 AND THOMAS C. PROFFERS and ELAINE M. KYRUS in behalf of ORIX/WILKINSON VIRGINIA BEACH VENTURES 2. JOHN E. HAWKINS VARIANCE 3. AMCORP, T/A BEST DEAL AUTO SALES CONDITIONAL USE PERMIT 4. JAN KOTTKE CONDITIONAL USE PERMIT 5. CITY OF VIRGINIA BEACH SECTION 4/SITE PLAN ORDINANCE SECTION 7.1/SUBDIVISION ORDINANCE CITY ZONING ORDINANCE/ SECTION 111/227/405 August 13, 1996 - 27 - item V-J. PUBLIC HEARING ITEM # 41098 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED in ONE MOTION Items 1, 3, 4 and 5 a.b.c. of the PLANNING BY CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baw?4 Linwood 0. Branci4 III, Harold Heischober, Barbara M. HenleY, Louis R Jones, Reba R McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sesso?=, Jr Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. and Louisa M. Strayhorn August 13, 1996 - 28 - item V-J.I. PUBLIC HEARING ITEM # 41099 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED repwon to the PROFFERS re dedications, street improvements and traffic signalization in the April 11, 1995, approved Application of CH&D ASSOCIATES, THE CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS re completion of improvements to Windsor Oaks Boulevard at the intersection of Holland Road, in behalf of ORIX/WILKINSON l,7RGINL4 BEACH VENTURES. Application of Orix/Wilkinson Virginia Beach Ventures for the reconsideration of conditions placed on the application for changes of zoning from B-2, A-12 and R-8.5 to Conditional B-2 on April 1, 1995. Property is located on the south side of Holland Road at the intersection with Windsor Oaks Boulevard. KEMPSVILLE BOROUGH. The following condition shall be required: 1. The revision delays the completion of the improvements to Windsor Oaks Boulevard until twelve (12) months after opening of the Super K-Mart Center. All the existing proffers, including site design, landscaping and aesthetics remain unchanged (Fxpected opening date: late August 1996) Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, LinwoodaBrancl; III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Louisa M. &rayhorn August 13, 1996 - 29 - item V-L PUBLIC HEARING ITEM # 41100 PLANNING The following spoke in SUPPORT of the application: Attorney John Richardson; represented the applicant John E. Hawkins, Jr., 3009 Little Haven Road, Phone: 340-9638 The following spoke in OPPOSITION: Alice G. Caffee, 3008 Little Haven Road, Phone: 340-2291 Garland Caffee, 3008 Little Haven Road, Phone: 340-2291 Leslie Davis, 3049 Little Haven Road, Phone: 340-1979 Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council DENIED the Application of JOHN E. HAWKINS for a Variance to Section 4.4(b) of &he Subdivision Ordinance which requires newly created lots meet all requirements of the City Zoning Ordinance and Section 4.4(d) which requires that all lots created have access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for John E. Hawkins. Property is located on Site 14, Little Haven at 3009 Little Haven Road. LYNNHAVEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood 0. Brancl; III, William W Harrison, Jr., Ilarold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent.- Louisa M. Strayhorn August 13, 1996 - 30 - Item V-J.3. PUBLIC HEARING ITEM # 41101 PLANNING BY CONSEN T Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of AMCORP., T/A Best Deal Auto Sales for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF AMCORP, T/A BEST DEAL AUTO SALES FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES & MINOR REPAIRS R08962054 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of AMCORP., T/A Best Deal Auto Sales for a Conditional Use Permit for motor vehicles sales & minor repairs on the south side of Virginia Beach Boulevard, east of Rosemont Road. Said parcel is located at 3645 Virginia Beach Boulevard and contains 41,948 square feet. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The applicant shall submit a detailed site plan to the Development Services Center for review and approval. The site plan shall clearly delineate all automobile display area(s), separate from required employee and customer parking, and all landscaping, signage and stormwater management requirements of the City Zoning Ordinance, Site Plan Ordinance, and Stormwater Management Ordinance shall be met. 2 The existing building, including neutral colors and materials as depicted in the slide exhibited at the July 10, 1996 Planning Commission public hearing, shall be retained. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of August, Nineteen Hundred and Ninety-Six. Voting: 9-0 (By Consent) Council Members Voting Aye: @n A. Baum, Linwood 0. Branc& III, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. and Louisa M. Strayhorn August 13, 1996 - 31 - Item V-J.4. PUBLIC HEARING ITEM # 41102 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by CounciLman Baum, City Council ADOPTED an Ordinance upon application of JAN KOTTKE for a Conditional Use Permit., ORDINANCE UPON APPLICITION OF JAN KOTTKE FOR A CONDITIO]UL USE PERMIT FOR A SCHOOL R08962055 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Jan Kottke for a Conditional Use Permit for a school on the north side of Princess Anne Road beginning at a point 110 feet more or less east of Huckleberry Trail. Said parcel is located at 2208 Princess Anne Road and contains 28 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. A maximum of 45 children may be cared for at this site. 2. Hours of operation shall be limited to Monday through Friday, 7:30 a.m. until 5:30 pm. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of August, Nineteen Hundred and Ninety-Six. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D. Sessoms, Jr Council Members Voting Nay: None Council Members Absent.- William W. Harrison, Jr. and Louisa M. Strayhorn August 13, 1996 - 32 - item V-J.S. PUBLIC HEARING ITEM # 41103 PLANNING BY CONSENT Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED the Applications of the CITY OF VIRGINIA BEACH. 1. AMEND and REORDAIN Section 4 of the Site Plan Ordinance ADDING provisions re plans and information on hauling operations associated with the excavation of stormwater management facilities. 2. AMEND and REORDAIN Section 7.1 of the Subdivision Regulations ADDING provisions re plans and information on hauling operations associated with the excavation of stormwater management facilities; and ADDING Section 7.8 re public health, safety and welfare in the approval of subdivisions. 3. Amendments to the City Zoning Ordinance: (1) AMEND and REORDAIN Section 111 re definition of a borrow pit. (2) AMEND and REORDAIN Section 227 ADDING requirement to Provide hauling operation information on an application for a Conditional Use Permit for a borrow pit with further reference to farm and fish ponds. (3) AMEND and REORDAIN Section 405 re residential development pursuant to conditional use permits in Agricultural Zoning Districts. Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branc,% III, Harold Heischober, Barbara M. HenleY, Louis R Jones, Reba S McCianan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoins, Jr. Council Members Voting Nay: None Council Members Absent.- William W Harrison, Jr. and Louisa M. Strayhorn August 13, 1996 1 2 AN ORDINANCE TO AMEND THE SITE PLAN 3 ORDINANCE BY ADDING PROVISIONS 4 PERTAINING TO PLANS AND INFORMATION 5 ON HAULING OPERATIONS ASSOCIATED 6 WITH THE EXCAVATION OF STORMWATER 7 MANAGEMENT FACILITIES 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 4 of the City of Virginia Beach, Virginia Site 11 Plan ordinance is hereby amended and reordained to read as follows: 12 Sec. 4. Information required on site development plan. 13 . . . 14 C. Hauling operations Plans and information: 15 In addition to the information required in subsections A. and 16 B. of this section, where sand, gravel, topsoil, fill or other 17 excavated material from the excavation of a stormwater management 18 facility will be hauled off site, the following information shall 19 be submitted to the city agent: 20 (1) The names and addresses of all haulers, 21 (2) If the hauler is a corporation, the name and 22 address of its corporate offices and registered 23 agent; 24 (3) The proposed date on which the hauling operation 25 will commence and the proposed date on which the 26 operation will be completed; 27 (4) The total number of cubic yards of material to be 28 hauled; 29 (5) The number, type, carrying capacity, and weight of 30 vehicles to be used in the hauling operation on a 31 daily basis; 32 (6) The location of all haul roads leading to public 33 streets and highways within the hauling area; 34 (7) A statement listing the public streets to be used 35 as haul routes to access an arterial or major 36 street or highway; 37 (8) A statement of the methods to be used to maintain 38 or repair any public street or highway to be used 39 for hauling purposes; 4 0 (9) The location of the on-site haul road, the point at 41 which the haul road intersects the Public. right-of- 42 way, the nearest street intersections in all 43 directions leaving the excavation site and all 44 existing and proposed entrances on both sides of 45 the Public street within 500 feet of the Proposed 46 entrance; 47 (10) A detailed description of the on-site haul road and 48 the entrance to the public right-of-way, including 49 width, radii, composition of surface material and 50 length of improved surface; 51 (11) Erosion and sediment control measures to be 52 employed at the haul road entrance and all access 53 points; 54 (12) The method by which dirt and dust will be 55 controlled on the Public streets and in the air; 56 (13) A traffic maintenance/control Plan, including, but 57 not limited to, sign type, size, color, lettering 58 size and locations; 59 (14) Location and description of public structures and 60 improvements immediately adjacent to and under the 61 haul road entrance; and 62 (15) A description or Plan of all Proposed improvements 63 to mitigate the traffic impacts associated with the 64 hauling activity including, but not limited to, 65 turn lanes, signalization, striping and other 66 traffic control measures. 67 The city agent shall determine the acceptability of the 68 hauling methods and routes and may disapprove a site plan if: 69 (1) Under accepted engineering standards, it is 70 determined that the public streets and highways to 71 be used in the proposed hauling route cannot 72 sustain the weight or frequency of the hauling 73 vehicles without substantial damage thereto; or 2 74 (2) The proposed hauling operation would render the 75 streets and highways affected by the haulincf unsafe 76 for Public travel; or 77 (3) The noise or dust Generated by the hauling operation 78 is of such character, intensity and duration as to 79 be detrimental to the life or health of persons of 80 reasonable sensitivity, or to disturb or annoy the 81 cruiet, comfort or repose of reasonable Persons who 82 reside in close iproximity to the hauling operation; 83 or 84 (4) Any of the information required under this 85 subsection is incomplete, incorrect or false. 86 Adopted by the City Council of the City of Virginia Beach on 87 this 13th day of August, 1996. 88 CA-6315 89 DATA/ORDIN/PROPOSED/46-4.ORD 90 MAY 29, 1996 91 R3 3 1 2 AN ORDINANCE TO AMEND THE SUBDIVISION 3 REGULATIONS BY ADDING PROVISIONS PERTAINING TO 4 PLANS AND INFORMATION ON HAULING OPERATIONS 5 ASSOCIATED WITH THE EXCAVATION OF STORMWATER 6 MANAGEMENT FACILITIES AND CONSIDERATION OF THE 7 PUBLIC HEALTH, SAFETY AND WELFARE IN THE 8 APPROVAL OF SUBDIVISIONS 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Sections 7.1 and 7.8 of the Code of the City of Virginia 13 Beach, Virginia, is hereby amended and reordained to read as 14 follows: 15 See. 7.1. Plans and specifications for general improvements. 16 A-. Plans and specifications for general improvements in [a] 17 subdivision shall be prepared and endorsed by a certified engineer. is Manner of preparation and number of copies provided shall be as 19 appropriate to the type of improvements and the requirements for 20 local review, approval, inspection and recording, plus one copy for 21 return to the subdivider or his agent, bearing certification of 22 approval by the appropriate official or officials if approved, or 23 if disapproved, indicating the reasons for such disapproval. 24 Improvements for which such plans and specifications are 25 required include all required improvements and any gas, water, 26 sewer or electric light or power works, pipes, wires, fixtures or 27 systems, or any telephone or community antenna television systems 28 or the like, in, on or under any streets, alleys or easements 29 within the subdivision, and all other general improvements to be 30 provided by the subdivider or his agent, including preparation of 31 land by grading, clearing, filling or drainage. 32 To the extent that specifications have been established by the 33 city or other public agency having jurisdiction concerning a 34 particular type of improvement, they may be included by reference 35 and need not be restated in relation to a particular plan. 36 B. Plans and information on hauling operations associated 37 with the excavation of stormwater management facilities 38 In addition to information required under the Provisions of 39 the subdivision regulations (appendix B) . where sand, gravel, 40 topsoil, fill or other excavated material from the excavation of a 41 stormwater management facility will be hauled offsite, the 4 2 following information shall be submitted to the planning director: 43 (1) The names and addresses of all haulers, 44 (2) if the hauler is a corporation, the name and 45 address of its corporate offices and registered 46 agent; 47 (3) The proposed date on which the hauling operation 48 will commence and the proposed date on which the 49 operation will be completed; 50 (4) The total number of cubic yards of material to be 51 hauled; 52 (5) The number, type, carrying capacity, and weight of 53 vehicles to be used in the hauling operation on a 54 daily basis; 55 (6) The location of all haul roads leading to public 56 streets and highways within the hauling area; 57 (7) A statement listing the Public streets to be used 58 as haul routes to access an arterial or maior 59 street or highway; 60 (8) A statement of the methods to be used to maintain 61 or repair any public street or highway to be used 62 for hauling Purposes; 63 (9) The location of the on-site haul road, the point at 64 which the haul road intersects the Public right-of- 65 way. the nearest street intersections in all 66 directions leaving the excavation site and all 67 existing and Proposed entrances on both sides of 68 the public street within 500 feet of the Proposed 69 entrance; 70 (10) A detailed description of the on-site haul road and 71 the entrance to the Public right-of-way, including 72 width, radii, composition of surface material and 73 length of improved surface; 2 74 (11) Erosion and sediment control measures to be 75 employed at the haul road entrance and all access 76 points; 77 (12) The method bv which dirt and dust will be 78 controlled on the Public streets and in the air; 79 (13) A traffic maintenance/control plan, including but so not limited to, sign type, size, color, lettering 81 size and locations; 82 (14) Location and description of Public structures and 83 improvements immediately adjacent to and under the 84 haul road entrance; and 85 (15) A description or plan of all proposed improvements 86 to mitigate the traffic impacts associated with the 87 hauling activity including. but not limited to, 88 turn lanes, signalization, striving and other 89 traffic control measures. 90 The planning director or his designee shall determine the 91 acceptability of the hauling methods and routes and may disapprove 92 a subdivision plat if: 93 (1) Under accepted engineering standards, it is 94 determined that the Public streets and highways to 95 be used in the Proposed hauling route cannot 96 sustain the weight or frequency of the hauling 97 vehicles without substantial damage thereto; or 98 (2) The proposed hauling operation would render the 99 streets and highways affected by the hauling unsafe 100 for public travel, 101 (3) The noise or dust Generated by the hauling operation 102 is of such character, intensity and duration as to 103 be detrimental to the life or health of persons of 104 reasonable sensitivity, or to disturb or annoy the 105 quiet, comfort or repose of reasonable Persons who 106 reside in close proximity to the hauling operation; 107 or 3 108 (4) Any of the information required under this 109 subsection is incomplete, incorrect or false. 110 . . . ill 7.8 Consideration and action by the planning director or his 112 designee. 113 In considering and acting upon subdivision plats, the Planning 114 director or his designee shall take into consideration the Public 115 health, safety and welfare, the comfort and convenience of the 116 public in general and of the immediate neighborhood in particular, 117 and may Prescribe appropriate conditions and safeguards as may be 118 required in order that the result of the action may, to the maximum 119 extent Possible, further the expressed interest of the subdivision 120 regulations and all city ordinances. 121 Adopted by the City Council of the City of Virginia Beach on 122 this 13th day of August, 1996. 123 CA-6314 124 DATA/ORDIN/NONCODE/47-7-1.ORD MAY 29, 1996 4 1 2 AN ORDINANCE TO AMEND THE CITY 3 ZONING ORDINANCE BY CHANGING THE 4 DEFINITION OF A BORROW PIT 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 111 of the City Zoning Ordinance is hereby 8 amended and reordained to read as follows: 9 Sec. 111. Definitions. 10 For the purpose of this ordinance, words used in the present 11 tense shall include the future; words used in the singular number 12 include the plural and the plural the singular; the use of any 13 gender shall be applicable to all genders; the word "shall" is 14 mandatory; the word "may" is permissive; the word "land" includes 15 only the area described as being above mean sea level; and the word 16 "person" includes an individual, a partnership, association, or 17 corporation. 18 In addition, the following terms shall be defined as herein 19 indicated: 20 21 Borrow pit. Any operation involving the breaking or disturbing 22 of the surface soil or rock where the primary purpose of the 23 operation is to facilitate or accomplish the extraction or removal 24 of sand, soil, gravel, fill, or other similar material 25 Specifically exempt from this definition are the following: 26 (a) Any excavation for roads, drainage, stormwater management 27 facilities as defined in the city stormwater management 28 ordinance (Appendix D), or similar features necessarily 29 incidental to, and in accordance with, the approved 30 construction plans for a residential subdivision or other 31 similar development activity;_--ed 32 material inay be hauled eff- si:te ei- sel:d. provided, 33 however, if the depth or surface area of the excavation 34 exceeds that of the approved construction Plans and the 35 excavated material is hauled offsite, an excavation 36 permit and conditional use permit for a borrow pit must 37 be obtained. 3 8 (b) Any excavation for the sole purpose of conducting a bona 3 9 fide agricultural operation, including but not limited to 40 excavations to improve drainage, provide watering 41 facilities for livestock, or create a holding lagoon for 42 animal waste. or farm Ponds or fish Ponds; provided that 43 none of the excavated material may be hauled off site or 44 sold. 45 (c) Any excavation or excavations on any single lot or parcel 46 of land which @ total less than ene (3:) one-quarter 47 (1/4) acre in area and less than five hundred (500) tens 48 ef material: twelve (12) feet in excavated depth as 49 measured from the original ground level, to the lowest 50 point of the excavation. 51 (d) Any trench, ditch or hole for utility lines, drainage 52 pipes or other similar public works facilities or 53 projects where the excavation is in accordance with the 54 approved construction plans. 55 Adopted by the City Council of the City of Virginia Beach on 56 this 13th day of August, 1996. 57 CA-6284 58 DATA/ORDIN/PROPOSED/lll.ORD 59 MAY 15, 1996 60 R3 2 1 2 AN ORDINANCE TO AMEND THE CITY 3 ZONING ORDINANCE BY ADDING THE 4 REQUIREMENT TO PROVIDE HAULING 5 OPERATION INFORMATION ON AN 6 APPLICATION FOR A CONDITIONAL USE 7 PERMIT FOR A BORROW PIT 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 227 of the Zoning Ordinance of the City of 12 Virginia Beach, Virginia, is hereby amended and reordained to read 13 as follows: 14 Sec. 227. Borrow pits. 15 (a) Application. Each application for a use permit for a 16 borrow pit shall include the following information in addition to 17 the general information required by this ordinance: is (1) A boundary survey of the subject property, together with 19 the proposed location of the limits of excavation; 20 (2) The means of vehicular access to the proposed excavation; 21 (3) The number of cubic yards to be excavated; 22 (4) The areas proposed for the storage of overburden and 23 other spoil during the process of excavating; 24 (5) The proposed date on which excavating will commence, the 25 proposed date on which the excavation will be completed 26 and the proposed date that all required restoration 27 measures are to be completed; 28 (6) The location of all haul roads leading to public streets 29 and highways within the area, ************************** 30 *********************@, as well as the on-site haul road, 31 the Point at which the haul road intersects the public 32 right-of-way, the nearest street intersections in all 33 directions leaving the excavation site, and all existing 34 and t)rodosed entrances on both sides of the public street 35 within 500 feet of the Proposed entrance: 36 (7) A detailed description of the on-site haul road and the 37 entrance to the public right-of-way, including width, 38 radii, composition of surface material and length of 39 improved surface; 4 0 (8) A description or plan of all Proposed improvements to 41 mitigate the traffic impacts associated with the hauling 42 operation including, but not limited to, turn lanes, 43 signalization, striving and other traffic control 44 measures; 45 @ (9) A statement listing the public streets anel hiejhoiays to be 46 used as haul routes to access an arterial or major street 47 or highway; 48 @ (10) A plan showing the proposed use of the property once 49 excavation has been completed, including the location of 50 proposed lots, streets, structures, and other features; 51 and 52 @ (11) A plan for filling of the borrow pit, if this is 53 intended, once excavation has been completed. No filling 54 of the borrow pit will be allowed unless plans for the 55 filling have been approved by city council as a part of 56 or as an amendment to the use permit application, and 57 until the director of planning has issued a fill permit 58 for such activity. 59 (b) Special requirements. 60 (1) Undrained pockets and stagnant pools resulting from 61 surface drainage shall be sprayed in accordance with 62 requirements of the state board of health to eliminate 63 breeding places for mosquitoes and other insects. 64 (2) Off-street parking areas adequate for all employees, 65 vehicles and trucks shall be provided. 66 (3) The edge of the area to be excavated shall be located at 67 least one hundred (100) feet from all exterior property 68 lines. The setback area shall not be used for any purpose 69 during the period of excavation, including overburden and 70 spoil storage, except the setback area may be used for 71 access roads. Exterior limits of all work shall be 72 monumented with iron markers no less than five (5) feet 73 above surface of the earth. 2 74 (4) Access roads. Access roads to any excavation where 75 hauling is being conducted shall be maintained in a dust- 76 free manner. All access roads shall be constructed so as 77 to intersect as nearly as possible at right angles with 78 public streets and highways and no access road shall 79 intersect any public road at any angle of less than sixty 80 (60) degrees. 81 (5) operating hours. Operating hours of excavation shall be 82 restricted to between 7:00 a.m. and 7:00 p.m. or such 83 lesser hours of operation as the city council may deem 84 appropriate. No Sunday operations shall be permitted. 85 (6) Construction of buildings. All buildings used for the 86 production and processing of excavated material shall be 87 constructed and maintained as required by the building 88 code of the city. 89 (7) Roadside landscape. Existing trees and ground cover along 90 public street frontage shall be preserved and maintained, 91 and replaced during the period of excavation if the 92 appropriate city authorities deem it necessary. 93 (8) Excavation permits. No excavation on the site shall 94 commence until all permits required by chapter 30 of the 95 City Code have been received from the Department of 96 Planning, and all requirements of chapter 30 of the City 97 Code have been met. 98 (c) Factors relating to approval. Before issuing any use 99 permit for the excavation or fill of a borrow pit, the city council 100 shall give due consideration to the following factors: 101 (1) Effect of the proposal upon groundwater supply and 102 drainage in the area; 103 (2) Effect of the proposal upon the city streets of the area, 104 including but not limited to the factor of traffic 105 safety; 106 (3) Impact from noise, dust, odor or other nuisance, upon 107 surrounding properties; 3 108 (4) Effect of the proposal as a potential health or safety 109 hazard. 110 (d) Bonding requirements. The city council may require a bond ill or letter of credit in an amount and with surety satisfactory to 112 the department of planning, securing to the city compliance with 113 the conditions and limitations set forth in the use permit. No 114 excavation on the site shall commence until such bond, if required, 115 has been filed and accepted by the director of planning. 116 Adopted by the City Council of the City of Virginia Beach on 117 this 13th day of August, 1996. 118 CA-6320 119 DATA/ORDTN/PROPOSED/45-227.ORD 120 MAY 30, 1996 121 R5 4 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 405 OF THE CITY ZONING 3 ORDINANCE, PERTAINING TO RESIDENTIAL 4 DEVELOPMENT IN AGRICULTURAL ZONING 5 DISTRICTS 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 405 of the City Zoning Ordinance, pertaining to 9 residential development in Agricultural Zoning Districts, is hereby 10 amended and reordained to read as follows: 11 Sec. 405. Alternative residential development pursuant to 12 conditional use permits. 13 As an alternative to the residential development permitted by 14 right in the agricultural districts, the council may award a use 15 permit to allow residential development at a density greater than 16 that which is permitted by right. The following regulations shall 17 apply to residential development in the AG-1 and AG-2 Districts 18 pursuant to conditional use permits: 19 (a) Council may attach conditions to the use permit governing 20 the number of residential lots allowed on the tract. In 21 so doing, council shall apply the following development 22 criteria that are consistent with the adopted provisions 23 of the comprehensive plan: 24 (1) On land that is nearly level well-drained or moderately 25 well-drained soils, as defined in appendix II-14 of the 26 comprehensive plan as soil area 1, with a seasonal high- 27 water table ranging from 1.5 to greater than 4 feet as 28 determined by the Virginia Department of Health and iihieh 29 seekiics at mere than S. 5 mean sea I:e3vel (P!813), the maximum 30 density shall be one (1) dwelling unit for each five (5) 31 acres of land. 32 (2) On land that is nearly level with somewhat poorly, 33 poorly, or very poorly drained soils, as defined in 34 appendix II-14 of the comprehensive plan as soil area 2, 35 with a seasonal high-water table ranging from 0 to 1.5 36 feet as determined by the Virginia Department of Health 37 and which occurs at more than 5.5 mean sea level (MSL), 38 the maximum density shall be one (1) dwelling unit for 39 each ten (10) acres of land. These soils are those 40 commonly termed soil drainage management or land 41 management. 42 (3) The acreage used to calculate rural residential densities 43 shall be as defined in section 200(a) of this ordinance. 44 Evaluation of the soils of a parcel for the purpose of 45 determining the density shall be conducted by a certified 46 soil scientist with confirmation of the results provided 47 by the Virginia Department of Health. 48 (4) Development proposals shall be in substantial conformance 49 with all applicable provisions of the plan's rural 50 residential development guidelines. 51 (5) The annual rate of development shall be restricted so as 52 to minimize burdens placed upon the rural public 53 infrastructure. 54 (6) on land with soil compositions as described in section 55 405(a) (2) and which is less than five and one-half (5.5) 56 feet above mean sea level (MSL), there shall be no 57 development and no density credit shall be allowed. 58 (7) The density of development may be reduced below the 59 maximum densities specified in sections 405 (a) (1) and (2) 60 if, in the councils determination, the proposed 61 development may present an undue adverse impact on 62 agricultural operations or if the location of the 63 property and its proximity to public infrastructure and 64 services is not suitable for such maximum densities. 65 (8) A flag lot may be created, in accordance with the chart 66 below, in which the lot is connected to a public street 67 with road frontage having a minimum width of twenty (20) 68 feet and in which all other relevant requirements of the 69 subdivision regulations and zoning ordinance are met. 70 The following chart provides the maximum number of lots 2 71 which may be created in such manner as part of a 72 subdivision of lots from an existing parcel: 73 Number of Subdivided Maximum Number 74 Lots Created Flag Lots 75 1 to 10 lots 1 76 11 to 20 lots 2 77 21 to 30 lots 3 78 More than 31 lots 4 79 In no case, shall more than four (4) such lots be 80 created. 81 (9) For residential subdivisions of twenty-five (25) lots or 82 less, there shall be no more than two (2) access points 83 on the existing public road system, including driveways 84 and new roadways; and for subdivisions of over twenty- 85 five (25) lots, there shall be no more than three (3) 86 such access points. 87 Adopted by the City Council of the City of Virginia Beach on 88 this 13th day of August, 1996. 89 CA-6309 90 ordin\proposed\45-405.ord 91 July 29, 1996 92 R-3 3 - 33 - item V-)Ll. APPOIA7MEA7S ITEM # 41104 BY CONSENSUS, City Council RESCHEDULED the following Appoinonent: COMMUNITY SERVICES BOARD August 13, 1996 - 34 - Itein V-K.2. APPOINTMENTS ITEM # 41105 Upon NOMINATION by Vice Mayor Sessoms, City Council: PUBLIC LIBRARY BOARD APPOINTED. Mary Ludwig Denny Jeffry Alden Sachs AND, REAPPOINTED: Betty Lu Bridges 3-Year Terms 9/1/96 - 8/31/99 Voting: 10-0 Council Members Voting Aye: John A. Baum; Linwood 0. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Louisa M. Sirayhorn August 13, 1996 - 35 - item V-NI. ADJOURNMENT ITEM # 41106 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:25 P.M. Beverly 0. Hooks, CMCIAAE Chief Deputy City Clerk -------------------------- Meyera E. Oberndorf City Clerk Mayor City of Pirginia Beach lrzrginia August 13, 1996