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MAY 23, 2000 MINUTESGit CITY COUNCIL ,~L4 Y~ )R .HEYEIL.{ E. OBER,VD¢ ~Rlq .-It-Lo,~r I '/CE .ILl 1'~ .~( )IfN .I.B.'IUM. LI.X'IYI ){ ID ( ) B~.I.%'~ 711, IlL l)~.,tr~ t 6. Ih'ach B.4~,'I~'I M. IIE,VLE}~ Dmm't 7 -l%nccss ,4nnc LOUIS R../ONE3. /Imm t 4-Bqvsuh' ~B.4 5. ,Ih'CL,IA;,I,X] Dtmwt J.Ro~c Iidl N;qNCY K I~4~'ER, .t..ll i~).Y~ II'lEKS. Dt*t.tt 3-K,'mp~dh' LtL~I. ILL LII. Llil; ( ~tt RI '?'Il f/[ }IlGI:,% .~HII'fL ¢ 'try ¢ of Vir inia "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA Beach May 23, 2000 II. CITY MANAGER'S BRIEFING - Conference Room - DRAINAGE IN THE SOUTHERN PART OF THE CITY Arthur R. Shaw, Operations Engineer, Department of Public Works REVIEW OF AGENDA ITEMS 4:00 PM III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber- 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Donald G. Wilson Bayside Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS - May 9, 2000 AGENDA FOR FORMAL SESSION The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. PUBLIC HEARING 1. SALE OF EXCESS CITY OWNED PROPERTY: Fox Fire Subdivision ORDINANCES/RESOLUTIONS Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty- four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. 2. LYNNHAVEN PARKWAY, PHASE IX: Resolution re a location, design Public Hearing to request the Virginia Department of Transportation (VDOT) place the aerial utilities underground with this project. bo Ordinance to AUTHORIZE advance acquisition of property in fee simple for right- of-way, by purchase or condemnation, for this project. Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland Road as an underground utility corridor. AUTHORIZE the Director of Public Works to execute all necessary documents for this project. Ordinance to AMEND § 7-50 of the City Code by adding a provision pertaining to the operation of four-wheeled bicycles in the resort area (April 15 thru September 30). Ordinance to ABOLISH the Erosion Commission and REPEAL § 6 - 161 through § 6 - 165 of the Code of the City of Virginia Beach and ESTABLISH the Beaches and Waterways Advisory Commission as the successor to terminate 30 June 2005. Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right- of-way (20' alley) at 1500 Atlantic Avenue for EWALBE, L.L.C. re two (2) security gates; and, authorize the City Manager to execute the necessary documents. Ordinance to TRANSFER $3,159 from the FY 2000 General Fund Reserve for contingencies to the operating budget of the Department of Housing and Neighborhood Preservation to reimburse a city employee for legal fees and expenses incurred during the performance of official duties. o Ordinance to TRANSFER and APPROPRIATE $660,535 from the General Fund Reserve for contingencies to the FY 2000 Virginia Beach Court Service Unit operating budget re Juvenile Detention Services and Group Home Services. Resolution to temporarily change the location of City Council meetings due to planned repairs and renovations of the City Council Chambers to the School Administration Building and direct the City Clerk to make the general public aware of the changes. Resolution REFERRING to the Planning Commission proposed amendments to § 111 and Article Two of the City Zoning Ordinance (CZO), establishing design and other standards for retail establishments by no later than June 17, 2000. PLANNING Application of CAVALIER GOLF AND YACHT CLUB for the discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus, containing 1.78 acres. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and abandonment of a portion of Southern Boulevard beginning at the eastern boundary of Kentucky Avenue and running in an easterly direction a distance of 725.86 feet, containing 36,293 square feet. (ROSE HALL - DISTRICT 3) Recommendation: DENIAL Application ofJERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) at 1242 North Inlynnview Road re reducing the width of an existing lot. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance re all lots have access to a public street at Lots 43A and 44A on the north side of Alberthas Drive. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of MILTON A. PALMER, SR., for an expansion of a nonconforming use at 309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6) Deferred: Staff Recommendation: April 25, 2000 INDEFINITE DEFERRAL Application of JAMES M. ARNHOLD for the enlargement of a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two- story townhouse and replacement by constructing a larger three-story townhouse, containing 3,316.2 square feet. (LYNNHAVEN - DISTRICT 5) Deferred: Recommendation: March 28, 2000 APPROVAL APPOINTMENTS ARTS AND HUMANITIES COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS TRANSPORTATION DISTRICT MINOI~ITY BUSINESS COUNCIL SOCIAL SERVICES BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES RESOLVED - AP1LIL, 2000 N. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 05/18/00slb AGENDA\05-23-00 www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 23, 2000 Mayor Meyera E. Oberndorf called to order the 'CITY MANAGER'S BRIEFING re RURAL AREA DRAINAGE in the Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 4.'00 P.M.. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E. Oberndorf and l/ice Mayor William D. Sessoms, Jr. Council Members Absent: William W. Harrison, Jr. Nancy K. Parker A. M. "Don" Weeks [ENTERED: 4.'20 P.M.] [ENTERED: 4:10 P.M.] [ENTERED: 4:50 P.M.] Robert C. Mandigo, Jr., Councilman-Elect, Kempsville- District No. 2 and Rosemary Wilson, Council Lady - Elect, At Large, werepresentfor both the Informal and Formal Sessions. Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order of the Eastern Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron and is hosting approximately 2, 500 attendees. 2 CITY MAN.4GER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY 4:00 P.M. ITEM # 46621 Mark Johnson, National Pollution Discharge Elimination System Administrator - Public Works, advised the Briefing relative Drainage in the Southern Part of the City consisted of three main themes: Existing Conditions, Drainage System and Operations and Maintenance. Mr. Johnson, with the assistance of the Power Point System, depicted the existing conditions: The areas depicted in "green" are the areas of poorly drained soils. The rural area of the City is depicted as the southern portion below Indian River Road. Comparing the FEMA Flood Hazard Data Map with the Soil Survey Map, the l O0-year floodplain closely aligns with the poorly drained soils. Princess Anne Road is generally the high point. The Flood Zone reaches up to Elevation 5. The average rainfall for the City is 44 inches per year. L 0 W/FLA T a. Average Land Slope: l OO feet Horizontal: 2.5 inches Vertical Drop. b. Tide Elevations 1. 1-Year Tide: 2.0 Feet M. S.L. 2. 25-Year Tide: 3.9 Feet M.S.L. 3. 50-Year Tide: 4.5 Feet M. S.L. 4. lO0-Yar Tide: 5.0 Feet M. S.L. SO UTHERN W,4 TERSHEDS Back Bay 1 Muddy Creek 2. Beggars Bridge Creek 3. Nanney Creek 4. Devil Creek North Landing River 1. Blackwater Creek 2. Mill Dam Creek 3. Oakum Creek 4. Walnut Creek 5. West Neck Creek 6 Pocaty Creek With the Southern Canal and Lead Ditch Restoration Study, five of these creek systems were reviewed: Mill Dam Creek, Blackwater Creek, Oakum Creek, Beggars Bridge and Nanney Creek. The main point derived was the creek systems need to be cleaned out of fallen debris to allow the water to fiow once the wind tides or tidal elevations drop down and the water can move into North Landing River and Back Bay. Primarily the City has an Open Ditch System with Culverts. There are veryfew pipe systems existing in the southern portion of the City. Charles Hassen, Development Services Center Co-ordinator, presented information relative Development. May 9, 2000 -3- CITY MANAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) General Comparison of the Characteristics of Rural (Southern) and Urban (Northern) Rural (Southern) Urban (Northern) Stormwater drainage is influenced by wind tides Stormwater drainage is influenced by lunar tides High percentage of low land elevations Mostly natural drainage systems with few engineered conveyance and impoundment systems Much of the land is within the floodplain Many of the drainage systems are private and controlled and maintained by agricultural activities Most of the soils are poorly drained with a high seasonal groundwater table. The area is sparsely populated with Iow percentages of impervious cover The drainage systems do not have the capacity to handle large storm events. As a result, flooding occurs in the floodplain Most of the sanitary sewer systems are private septic systems (conventional or land managemenO Most of the drinking water supplies are private wells. Higher percentage of high land elevations Many drainage systems are engineered conveyance and impoundment systems with some natural systems Most of the land is outside of the floodplain Many of the drainage systems are public and controlled and maintained by the City. The soils are better drained with a lower groundwater table. The area is more densely populated with areas of high impervious cover. Many of the drainage systems have large capacities to handle large storm events Most of the sanitary sewer systems are public Most of the drinking water supplies are public Highlights of the Agricultural District Amendments A G-2 District was created in 1979. This district preserved agricultural lands while accommodating rural development within the first 600-feet of the roadway. Agricultural Lands Area Overlay District was developed in the late 1980's. 100% of the surface water was to be retained on site. No new lots will be developed, unless an exception is provided by City Council. Agricultural Lands Area Overlay District was repealed in 1991. In 1993, an additional lot is allowed for parcels 10 acres or larger on one parcel. In 1994, the Residential Density Section was created. One unit per 15 acres is allowed to be subdivided "by right". In 1994, the Alternative Residential Development allowed a Conditional Use Permit to be granted by City Council for development. Densities are based on soil types. In 1995, the Agricultural Reserve Program was adopted, which restricts the use of land to non-residential use. These amendments did change the pattern of rural residential development. Many of these amendments encouraged new houses to be built along existing roads while other amendments supported new narrower roads with drainage swales or ditches for clustering of new units. The boundaries would be Elbow Road, Salem Road, Landstown/Princess Anne and Sandbridge Roads. May 9, 2000 CITY MANAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) The majority of the rural or agricultural area would fall within this boundary. The dark areas on the map depicted by Mr. Hassen indicated high density. The green areas represented 2,056 parcels without structures. Many of these parcels have potential for development. Mr. Hassen displayed one area, Old Carolina Road which is an example where some individuals believe recent development may have caused drainage or flooding problems. A new resident finds standing water in the roadside ditches or on their property and expects the water to go away as it did in their last house. The individual formerly lived in the urban section of the City and is not aware of the differences between rural and urban areas. Some of these ditches will never be dry. The majority of the lots on Old Carolina Road are fairly old. The most recent lots (depicted in "brown") were created in 1994. The "green" lots were created in 1984, the "blue" lots were created in 1964 and the "purple" lots were created by deed in 1953. Development Services usually reviews only a lot grading plan relative a single-family home. Development Services makes sure the surface of the lot drains away from the house. There is much area around the house, therefore once it drains away from the house, some water will be absorbed. If the land is under cultivation, the farmers will determine how this water will leave the lot. When reviewing a land management plan, Development Services' is interested in the water moving away from the house and the drainfield. Contained within the Public Works Specifications and Standards generally single family land management plans do not require stormwater management facilities as there is not increased stormwater runoff. A roadside ditch which is within a public right-of-way and part of an adequate drainage system shall be considered to be suitable outfall for land management sites and no further downstream easements will be required. All AG lots created now are at least one acre or three acres in size. Therefore, the small amount of impervious service is not going to significantly change the runoff from the site. Therefore, these lots should not impact our system. There is a cumulative factor. Over time, if there are many lots in the same drainage system, these will have some impact. The next slide depicted the Agricultural Reserve Program easements. On Old Carolina Road, the particular lands depicted will not have development on those sites. The Agricultural Reserve Program can avoid drainage problems. Review Considerations Existing drainage patterns Existing drainage system adequacy Size of development Types of runoff being generated (public, private or both) Type of septic system proposed Need for downstream easements (land management, storm water or both) Need for stormwater management facility Location of outfall Need for existing drainage system upgrade, improvement or maintenance Need for new drainage system Impact of proposed development on existing drainage Possible Causes of Perceived Drainage Problems Impact of new development in and around the floodplain Impact of upstream development Poorly drained soils Expectations of new residents New residents report problems that were not reported by existing residents/farmers Drainage problems previously handled by the land owner Reduced capacities of the drainage systems due to the accumulation of sediment and debris Reduced maintenance of some private ditch systems Limited maintenance of receiving systems May 9, 2000 -5- CITY M/INAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) Relative the types of septic systems, a conventional system for well drained sods would allow a septic system to be installed with the drainfield on a one acre piece of property. A land management system is developed on poorly drained soils. In this particular case, there would be a septic system, but surrounded by a ditch on al[four sides, approximately 70feet from the drain field. This ditch draws down the surface water so it does not compete with the septic system. The land must be 3 acres in size. There are only two cities in the Commonwealth with this system: Chesapeake and Virginia Beach. Mr. Hassen advised the City is responsible for the land management to make sure this system is designed and engineered properly, so the water is moved away with the ditches at the proper slope, etc. The City is responsible if the water leaves the site and to make sure easements are obtained to allow the City, if the property owner could not, to clean out those ditches downstream as a health matter. It is up to the Health Department to be assured the septic system is installed properly. The civil inspectors review the site relative the proper installation of the ditches. Until last year, the Health Department would actually perform the soil borings and determine whether or not the soils were proper for a conventional or land management system. This past year, the State changed this regulation and allows an OSAE (licensed on-site soil evaluator) to review everything with the Health Department. The OSAE prepares the entire plan. The City basically reviews same, but the Health Department is required to stay "hands-off". Council Lady Henley referenced the land management system approved in the early 1970's and the intent was a compromise by the State to allow some building on poorly drained soils; however, sites such as Old Carolina Road, where many lots were subdivided prior to the land management regulations, makes it difficult in a poorly drained area to make this system work. When is it the City's responsibility to correct the situation? In the "requested but not funded" portion of the budget, this drainage project, if built, was over SI-MILLION. Mr. Hassen advised some of the older lots were created prior to land management and if they are 3 acres, the staff would immediately request the Health Department for site plan approval and then determine whether they would have to have a land management system. Old Carolina Road has flooded for years. It is the responsibility of the City to maintain some level of adequacy to move the water through the City's conveyance systems. Suggested Solutions for Further Study Place a note on final subdivision plats and site plans that states the elevation of the land is low and prone to flooding. Have land owners/home buyers sign a disclaimer statement regarding the elevation of the property and the potential for flooding. Public Works/Operations and Planning/Development Services Center work closer together to identify proposed developments in areas with existing drainage problems Study all of the current City Code, Health Department Regulations and Public Works Specifications and Standards requirements regarding development in rural areas and make suggestions for improvements based on the input from City Council, Planning Commission, Agricultural Advisory Committee and staff Additional training for staff and consultants. Determine what is reasonable in terms of requirements for developments of varying size and environmental concerns Continue current and proposed maintenance programs for existing drainage systems. Arthur R. Shaw, Operations Engineer- Public Works, emphasized the 200 miles of major ditches/canals and the 600 miles of roadside ditches concerning the Municipal Separate Storm Sewer System. May 9, 2000 -6- CITY MANAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) STORMWA TER MAINTENANCE 94-95 95-96 96-97 97-98 98-99 99-2000 Projection) Budget Total $4,745.38 $5,975,769.00 $6,131,741.00 $5,695,284.00 $6.0-6.5- Actual MILLION W.O. Received 4,145 5,001 3, 767 3,563 5,260 W.O. 4,072 5,048 3,758 3,967 4,621 Completed Average Age 65 85 61 64 40 of Completed W.O.s % ofW. O.s 36.21% 69% 66% 71% Completed within 60 days Backlog W.O.s 753 874 798 690 419 750-850 at Years End Average 666 1,081 516 539 750 Annual Backlog Average Age 167 125 174 113 85 of Backlog W. Os Number of 51 54 58 58 61 62 Employees Although, it looks like a good story, the department is merely responding to calls.from the public. There is not much preventative maintenance in this program. This is simply a reactive mode. There are only a certain amount of fixed assets to accomplish work. Mr. Shaw referenced: FY 199 7-98 FY 1998-99 FY 1999-00 This is evidence of aging infrastructure. Cave-In Repairs 1,894 2,534 3, O44 Storm Water Operations and Maintenance Response - Level of Service Major Tasks Current Roadside Ditches 2.26years, on average Major Off-Road Ditches 12.3 years, on average Demand/Preferred 1.5 years, on average 3-10 years, on average Cave-ins 73 days, on average 60 days, on average Basin Cleaning 8. 8 years, on average 3 year, on average Pipe Cleaning 40 years (est.), on average 5 year, on average SWMF Dredging 1.4 lakes/yr, on average 6.2 lakes/yr, on average May 9, 2000 -7- CITY MANAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) Mr. Shaw referenced the graphs entitled: Storm Water Ditch Work: July 1996-April 2000 in terms of man hours and work orders. There has been a fairly steady percentage of that work in the southern portion of the City. The southern portion of the City is receiving a fair distribution ora declining resource. Mr. Shaw displayed slides depicting ditches on Old Carolina Road installed prior to concentration of effort on the older sites. Many of these are undersized, as a poor example of an overgrown ditch on Grimstead Road off of Back Bay Landing Road. Mr. Shaw displayed a slide depicting a home on Baum Road, near the Chesapeake Line, but still in Virginia Beach, which has their septic land management system in their front yard. 21 ditch cuts between their septic system and the lot line ditch, which brings the water to the road, with a ditch running down Baum Road and depicts the best of the best. It is well landscaped and totally vegetated. This is a typical land management plan where the water is brought to the edge of the road. Mr. Shaw displayed a slide depicting Mill Dam Creekwhere it crosses Indian Creek Road and Crags Causeway. This woody debris causes energy loss of the water, which backs up water in the roadside ditches. The City must do better about clearing the fallen vegetated debris out of these creeks. PLAN OF ACTION Develop a contract for Continuous Lead Ditch Maintenance Dedicate $75,000 a year for Storm Water Maintenance with Sheriff's Work Force Proceed with Obtaining the Necessary Permits for the Southern Canal/Lead Ditch and Culvert Improvements Project (7-024) Mr. Shaw advised, because of environmental controls, it is much more difficult for a farmer to clean his own ditches. Council Lady Henley advised a 50-year or lO0-year storm is a misnomer as they really do not happen every 50 or lOO years, but occur more frequently. The rainfall has been much higher than average the last ten years. The impact of the wind tides on these elevations is a compounding effect. Mr. Johnson advised the l O0-year floodplain is based only on a rainfall event. Based on the rain occurring over the past 10 years, the staff will review their design rainstorm, add in the extra data and determine if the numbers need to be increased for the 50 and lO0-year floodplain. These can be incorporated into the standards. FEMA can be requested to re-evaluate the City's drainage watersheds to determine if the lO0-year floodplain needs to be adjusted. Mr. Johnson advised that information is provided to FEMA and they do the actual evaluation and establishment of the floodplain elevation. Councilman Baum complimented the excellent presentation. May 9, 2000 -8- AGENDA RE VIE W SESSION 5:02 P.M. ITEM # 46622 L1. Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and A UTHORIZING the City Manager to convey same to the adjacent twenty-four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. Council Lady Henley advised there would be representatives of the Fox Fire subdivision who wished to speak. ITEM # 46623 1.3. Ordinance to AMEND 3~ 7-50 of the City Code by adding a provision pertaining to the operation offour-wheeled bicycles in the Resort Area (April 15 thru September 30). Council Lady McClanan advised she would vote NAY on this item. She was very disappointed in RAC's discussion. Council Lady McClanan advised other localities approach the regulations of these bicycles in a different manner. Vice Mayor Sessoms advised those rented on Atlantic Avenue are causingproblems throughout the area. Vice Mayor Sessoms advised even on the boardwalk these bicycles cause a problem and believed hours of operations might be a possible solution.. Councilman Jones referenced these bicycles on sidewalks and the possibility ofharmingpedestrians. This item will be REMOVEDfrom the Agenda and more comprehensively addressed. The City Staff will be requested to comprehensively review this Ordinance, encompassing the hours of operation, regulation of the number allowed for rental, abuse by renters and the various locations where these particular bicycles may be operated. ITEM # 46624 1.5. Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right-of-way (20' alley) at 1500 Atlantic Avenue for EVr'ALBE, L.L.C. re two (2) security gates; and, authorize the City Manager to execute the necessary documents Mayor Oberndorf and Council Lady Henley referenced calls of concern. Councilman Branch advised Mr. Joseph Cotton was confused relative the application. He had requested the applicant's attorney, Edward Bourdon, respond to Mr. Cotton. Councilman Branch advised there is a north/south alley and an east/west alley perpendicular on that block and they are unique in nature. These alleys actually divide the amusement area in 'half. The applicant wishes to install two gates. The alley will be closed and deeded to both property owners. This was part of the agreement. Mr. Cotton has a house on Pacific Avenue, adjacent to the east-west alley. A survey was conducted and a portion of this was determined to be on the amusement park's property; therefore, the 20' foot alley needs to be moved over a few feet to be totally on the public right-of-way and would be closer to Mr. Cotton's house. The access to this property will no.~t be cut off Mayor Oberndorf advised Joseph IV. Cotton and Chester Rodio have registered to speak in Opposition to the Ordinance. Council Lady Parker advised Mr. Cotton's lot line is the issue. Mr. Rodio was concerned relative access to Pacific Avenue from his parking lot. Mayor Oberndorf advised there was also opposition to the Amusement Park. This item will be discussed during Formal Session and City Staff shall respond to concerns. May 23, 2000 -9- AGENDA RE VIE W SESSION ITEM # 46625 1.8 Resolution to temporarily change the location of City Council meetings due to planned repairs and renovations of the City Council Chambers to the School Administration Building and direct the City Clerk to make the general public aware of the changes. Council Lady McCIanan wished to vote a VERBAL NAY on this item as she was in OPPOSITION to reducing the number of seats in the City Council Chamber. The City Manager advised they are removing two rows of 7 seats. These seats will be replaced by a staff work table, so the City staff representatives may review their planning documents. The City Manager advised the Resolution states: "That, in order to avoid a conflict with the School Board's meeting schedule, during this same period of time, City Council will not meet on the first Tuesday of the month." A BRIEFING relative the City Council Renovations shall be scheduled for the City Council Session of June 6, 2000. ITEM # 46626 Resolution REFERRING to the Planning Commission proposed amendments to 3~ 111 and Article Two of the City Zoning Ordinance (CZO), establishing design and other standards for retail establishments by no later than June 17, 2000. Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning Commission. The Amendment on page 4 is extremely minor and states: "...that high-quality design elements not addressed by the provisions of this Part shall be encouraged." This item will be discussed during the Formal Session. ITEM # 4662 7 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: ORDINANCES L 2. L YNNHA VEN PARKWA Y, PHASE IX: Resolution re a location, design Public Hearing to request the Virginia Department of Transportation (VDOT) place the aerial utilities underground with this project. Ordinance to AUTHORIZE advance acquisition of property in fee simple for right-of-way, by purchase or condemnation, for this project. c. Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland Road as an underground utility corridor. d. AUTHORIZE the Director of Public Works to execute all necessary documents for this project. Ordinan ce to ABOLISH the Erosion Commission and REPEAL ~ 6 - 161 through ~ 6 - 165 of the Code of the City of Virginia Beach and ESTABLISH the Beaches and Waterways Advisory Commission as the successor to terminate 30 June 2005. May 23, 2000 - iO- GENDA RE VIE W SESSION ITEM # 46627 (Continued) 1.6. 1.7. 1.8. Ordinance to TRANSFER $3,159 from the FY 2000 General Fund Reserve for contingencies to the operating budget of the Department of Housing and Neighborhood Preservation to reimburse a city employee for legal fees and expenses incurred during the performance of official duties. Ordinance to TRANSFER and APPROPRIATE $660,535 from the General Fund Reserve for contingencies to the FY 2000 Virginia Beach Court Service Unit operating budget re Juvenile Detention Services and Group Home Services. Resolution to temporarily change the location of City Council meetings due to planned repairs and renovations of the City Council Chambers to the School Administration Building and direct the City Clerk to make the general public aware of the changes. Council Lady McClanan will vote a VERBAL NAY on Item 1. 8. ITEM # 46628 Councilman Harrison distributed a Resolution, which he wishes to add to the Agenda; Resolution authorizing and directing the City Manager and City Attorney to take any and all actions necessary to upgrade the quality of conditions at the Resort Area; and, help City Council achieve its goal of developing the City into a World-Class Resort destination. May 23, 2000 - 11 - AGENDA RE VIE W SESSION ITEM # 46629 J. 1 Application of CA VALIER GOLF AND YACHT CLUB for the discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus, containing 1.78 acres. (L YNNHA VEN- DISTRICT 5) Councilman Harrison advised Council Lady Eure there are no private uses on this road Karen Lasley, Interim Zoning Administrator, advised the Yacht Club has purchased all the property. The map in City Council's agenda is old and the houses depicted are no longer in existence. There will be no property without access. The City Attorney distributed the Street Closure Ordinance, as it was not included in City Council 's package. ITEM # 46630 J. 2. Application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and abandonment of a portion of Southern Boulevard beginning at the eastern boundary of Kentucky Avenue and running in an easterly direction a distance of 725.86feet, containing 36,293 square feet. (ROSE HALL - DISTRICT 3) This item will be discussed during Formal Session, as the recommendation is for DENIAL. The City Attorney distributed the Street Closure Ordinance, as it was not included in City Council 's package ITEM # 46631 ,1.6. Application of JAMES M. ARNHOLD for the enlargement ora nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3, 316. 2 square feet. (L YNNHA VEN - DISTRICT 5) Council Lady McClanan will vote NAY on this item. ITEM # 46632 J. 7. RECONSIDERATION: Changes of Zoning District Classifications (BEACH - DISTRICT 6) lost to negative vote March 7, 2000: COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Communi_ly Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. bJ COLLETT PROPERTIES, INC.,from I-1 Industrial District to Conditional B-2 Community Business District on the East side of. Parker Lane, beginning 150feet more or less South of Virginia Beach Boulevard, containing 9. 545 acres This item shall be discussed during FORMAL SESSION. May 23, 2000 - 12- AGENDA RE VIE W SESSION ITEM # 46633 K. 8. Application of WA WA, INC. For a Conditional Use Permit for automobile services (fuel sales) in conjunction with a convenience store located at the southwest corner of Rosemont Road and Sentara Way, containing 1.88 acres. (ROSE HALL - DISTRICT 3) Council Lady McClanan expressed concern relative the landscaping in the Rosemont area. Attorney Edward Bourdon has assured Council Lady McClanan the applicant shall adhere to the landscaping agreed upon. ITEM # 46634 BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA. Application of CAVALIER GOLF AND YACHT CLUB for the discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus, containing 1.78 acres. (L YNNHA VEN- DISTRICT 5) Application of JERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) at 1242 North Inlynnview Road re reducing the width of an existing lot. (L YNNHA VEN- DISTRICT 5) Application ofBRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance re all lots have access to a public street at Lots 43A and 44A on the north side of Alberthas Drive. (L YNNHA VEN- DISTRICT 5) Application of MIL TON A. PALMER, SR., for an expansion o.f a nonconforming use at 309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6) Application of JAMES M. ARNHOLD for the enlargement ora nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker CourO, re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3, 316.2 square feet. (L YNNHA VEN - DISTRICT 5) Application of WA WA, INC. For a Conditional Use Permit for automobile sen, ices (fuel sales) in conjunction with a convenience store located at the southwest corner of Rosemont Road and Sentara Way, containing 1.88 acres. (ROSE HALL - DISTRICT 3) Application of SPIRIT RENT A CAR, INC., dba CARTEMPS USA for a Conditional Use Permit for a motor vehicle rental on the east side of South Independence Boulevard, north of Bonney Road Relocated (116 South Independence Boulevard, Suite #104), containing 4.35 acres. (ROSE HALL - DISTRICT 3) Application of JOHN DAVID VOGEL for a Conditional Use Permit for a recreational facility of an outdoor nature (corn maze) on the north side of London Bridge Road, east of Country Manor Lane (2400 London Bridge Road), containing 10 acres. (BEACH- DISTRICT 6) May 23, 2000 -13- AGENDA RE VIE W SESSION ITEM # 46634 (Continued) .I11. Application of CAPE HENRY COLLEGIATE SCHOOL for a Conditional Use Permit for the expansion ofa private school at the southeast intersection of Mill Dam Road and Woodhouse Road (1320 Mill Dam Road), containing 29.502 acres. (L YNNHA VEN- DISTRICT 5) J12. Application of the CITY OF VIRGINIA BEACH to AMEND ~ 401 of the City Zoning Ordinance (CZO) re permitted uses (recreational and amusemen0 in the AG-1 and AG-2 Agricultural Districts. Item ,1. 5. will be DEFERRED INDEFINITEL Y, B Y CONSENT. Item J. 6. Council Lady McClanan will vote a VERBAL NAY. May 23, 2000 - 14- CITY COUNCIL COMMENTS 5:25 P.M. ITEM # 46635 Vice Mayor Sessoms referenced concerns relative signs for the strawberry farms. For many years, residents have been following direction signs for strawberry picking. The City staff has conformed to the directions of City Council by picking up these signs which they deemed illegal. Vice Mayor Sessoms did not believe it was the intent of City Council for these farmers to be cited because of these temporary signs which have existed for many years during certain seasons. Vice Mayor Sessoms believes the agriculture community, with the assistance of Louis Cullipher, Director - Agriculture, could address specific recommendations relative this concept. As the Strawberry Festival, is scheduled for this weekend (May 28-29, 2000), these meetings of representatives could be scheduled after this major event. Councilman Baum advised the City staff, because of citizen complaints, had to enforce the regulations in the rural areas. Mayor Oberndorf referenced calls of concern from a farmer, Mr. Barker. B Y CONSENSUS, City Council concurred representatives of the rural community with the assistance of Louis Cullipher, Director - Agriculture, shall prepare recommendations concerning temporary signs and forward to the City Council within 30 days. In the interim, the staff is requested not to remove these temporary signs in he rural area. May 23, 2000 - 15- ITEM # 46636 Mayor Meyera E. Oberndorf called to order the INFORM,IL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 5.'35 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None May 23, 2000 -16- ITEM # 4663 7 Vice Mayor Sessoms, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion , consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Boards and Commissions: Arts and Humanities Commission Hampton Roads Planning District Commission Hampton Roads Transportation District Minority Business Council Social Services Board Annual Review of Council Appointees. PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To- Wit Agricultural Reserve Program - Princess Anne District (2 parcels) Property Acquisition - Lynnhaven District Centerville Distirct LEGAL MA TTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigatingposition of the public body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). Jim Salmons t/a Salmons Farms v. City of Virginia Beach Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None (Time of Closed Session: 5:35 P.M. to 6:18 P.M.) May 23, 2000 -17- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL May 23, 2000 6:20 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, May 23, 2000, at 6.'20 P.M. Council Members Present: John `4. Baum, Linwood O. Branch, III,, Margaret L. Eure, William 14/. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and,4. M. "Don" Weeks Council Members ,4bsent: None INVOCATION: Council Member Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made apart of the record. Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order of the Eastern Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron and is hosting approximately 2,500 attendees. May 23, 2000 Item V-E. - 18- CER TIFICA TION OF CLOSED SESSION ITEM # 46638 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 4663 7, Page 16, 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 Closed 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 Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. l~uth Hodges S~mith, MMC City Clerk May 23, 2000 - 19- Item V-F. 1. MINUTES ITEM # 46639 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 9, 2000. Vo ting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-G.I. - 20- ADOPT AGENDA FOR FORMAL SESSION ITEM # 46640 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following shall be ADDED TO THE AGENDA: Resolution authorizing and directing the City Manager and City Attorney to take any and all actions necessary to upgrade the quality of conditions at the Resort Area; and, help City Council achieve its goal of developing the City into a World-Class Resort destination. May 23, 2000 Item V-G. 2. - 21 - PRESENTATION ITEM # 46641 Mayor Oberndorf recognized the following Boy Scout in attendance to earn his civic badge: lan $carboough May 23, 2000 - 22 - V-H. 1. PUBLIC HEARING ITEM # 46642 Mayor Oberndorf DECLARED .4 PUBLIC HEARING: S,4LE OF EXCESS CITY OWNED PROPERTY- FOX FIRE SUBDIVISION The following registered to speak and registered concern relative the City selling the property to only twenty-four (24) landowners as stipulated rather than all thirty-one (31) owners of the lots adjacent to the City property: Frank Gillikin, 2756 Renaissance Way, Phone: 427-3242, represented the land owners Margaret Sullivan, President- Foxfire Civic League, 2744 Renaissance Way, Phone: 426-0662 Doug Hovermace, 2311 Esplanade Drive, Phone: 430-0668 Peter Snyder, 2760 Renaissance Way, Phone: 427-9641 Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 23, 2000 - 23 - V-I. ORDINANCES/RESOL UTIONS ITEM # 46643 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED, BY CONSENT, Items 1 (DEFERRED), 2, 4, 6, 7 and 8 of the CONSENT AGENDA. Item 1 was DEFERRED, BY CONSENT, until the City Council Session of June 6, 2000. Item 3 was REMOVED, BY CONSENSUS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NA Y ltem 8. May 23, 2000 - 24 - VJ. 1. ORDINANCES/RESOL UTIONS ITEM # 46644 The Property shall only be conveyed to 24 land owners rather than the 31 owners who had petitioned the City to purchase this property. The City Manager advised the areas adjacent to seven of the lots nearest the City Park are not recommended as EXCESS to keep the public area as large as possible and to provide access to this public area from Esplanade Drive. The residents have been maintaining these areas as part of their yards. Council Lady Henley believed these properties should be incorporated immediately into the park, so these concerns relative overgrown areas not continue to be a problem. This DEFERRAL will enable response by Parks and Recreation Staff who were not in attendance. Information relative the acreage of the Park, the cost of the excess property and regular maintenance of the property nearest to the City Park shall be provided. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED, until the City Council Session of June 6, 2000: Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0. Branch, III, Margaret L. Eure, William Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 V-I.2. ORDINANCES/RESOL UTIONS - 25 - ITEM # 46645 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: L YNNHA VEN PARKWA Y, PHASE IX: Resolution re a location, design Public Hearing to request the Virginia Department of Transportation (VDOT) place the aerial utilities underground with this project. Ordinance to AUTHORIZE advance acquisition of property in fee simple for right-of-way, by purchase or condemnation, for this project. Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland Road as an underground utility corridor. AUTHORIZE the Director of Public Works to execute all necessary documents for this project. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 RESOLUTION FOR LOCATION AND DESIGN PUBLIC HEARING APPROVAL: LYNNHAVEN PARKWAY, PHASE IX WHEREAS, a Location and Design Public Hearing ("Public Hearing") was conducted on November 17, 1999, in the City of'Virginia Beach by representatives o£the City of Virginia Beach, after due and proper notice, for the purpose of considering the proposed location and design of Lynnhaven Parkway, Phase IX, CIP # 2-157, (VDOT Project # U000-134-V32) (the "Project") in the City of Virginia Beach, at which drawings and other pertinent information were made available for public inspection in accordance with state and £ederal requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said Public Hearing; WHEREAS, representatives of the Virginia Department of Transportation were present and participated in said Public Hearing; WHEREAS, the Council had previously requested the Virginia Department of' Transportation to program this Project; WHEREAS, the City of Virginia Beach has, on this date, passed an ordinance designating Lynnhaven Parkway between Lishelle Place and Holland Road as an underground utility corridor and providing that all new utility facilities installed within the Lynnhaven Parkway right-of-way shall be placed underground; and WHEREAS, the Council has considered all such matters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The location and major design features of this Project, as presented at the Public Hearing, are hereby approved; 2. The Virginia Department of Transportation is hereby requested to acquire all rights- of-way necessary for this Project, and to convey said fights-of-way to the City at the appropriate time; 3. The Virginia Department of Transportation is hereby requested to place the aerial utilities underground with this Project; and 4. The Director of Pubic Works is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary utility agreements required in conjunction with acquiring such rights-of-way. I~lay Adopted by the Council of the City of Virginia Beach, Virginia, on this__23 day of ,2000. CA7709 F:\DatakATYkOrdinkNONCODE\Lynnhaven Pkwy Phase IX.res.wpd R-4 - May 15, 2000 APPROVED AS TO CONTENTS: if~bepari~m~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office~) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AUTHORIZE ADVANCE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR LYNNHAVEN PARKWAY, PHASE IX (CIP 2-157) VDOT #U000- 134-V32, BY AGREEMENT OR CONDEMNATION WHEREAS, on February 10, 1998, City Council adopted a resolution requesting the Virginia Department of Transportation to shift the alignment to the west to design and construct this project; WHEREAS, the additional design for dual left lanes on Lynnhaven Parkway at South Lynnhaven Road intersection severity impacted Parcel "EI" (801 Kimbleton Court) owned by Debra E. Morelli and Parcel "EJ" (800 Kimbleton Court) owned by Louis H. and June Klag (the "Owners"); WHEREAS, Virginia Code § 33.1-91 authorizes the acquisition of these parcels because the damage to the parcels will approximate the value of the property; WHEREAS, the Owners have requested the City to acquire (Total takes) of their property with this project; WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project and intersection improvements and the acquisition of these parcels, in order to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation, pursuant to §§ 15.2-1901 et seq., Code of Virginia of 1950, as amended of all that certain real property in fee simple known as Parcels "EI" and "EJ" as shown on the Location Map entitled, "LOCATION MAP FOR LYNNHAVEN PARKWAY, PHASE IX, CIP #2-157", this Location Map being on file in the City Engineer's Office of the Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the Owners or persons having an interest in the property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day ! of May ., 2000. 2 3 4 5 CA7710 F :~DataLATY~Ordin\NONCODE~imbleton Court.ord.wpd May 10, 2000 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney's Office 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ESTABLISH THE LYNNHAVEN PARKWAY RIGHT-OF-WAY BETWEEN LISHELLE PLACE AND HOLLAND ROAD AS AN UNDERGROUND UTILITY CORRIDOR WHEREAS, the Lynnhaven Parkway Phase IX Project, CIP # 2-157 (the "Project"), has been approved by City Council in order to widen the current section of roadway between Lishelle Place and Holland Road; WHEREAS, the City of Virginia Beach also wishes to improve the safety and aesthetics of the Project limits; WltEREAS, City Council previously requested the Virginia Department of Transportation to program this Project into its Six-Year Improvement Plan; WHEREAS, the Virginia Department of Transportation has adopted a policy to pay 50% of the additional costs to relocate existing overhead private utility lines underground, which requires the City to adopt an ordinance to establish the limits of underground utility districts, corridors or areas; 11 12 13 14 15 WHEREAS, City Council has already enacted requirements through the City's site plan and 16 subdivision ordinances that require new development to place new utility lines underground; and 17 WHEREAS, City Council has appropriated sufficient funding, through the City of Virginia 18 Beach Capital Improvement Program, to pay the City's share of the estimated cost to relocate 19 existing overhead utility lines underground. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 1. The Lynnhaven Parkway right-of-way between Lishelle Place and Holland Road is 23 hereby designated as an underground utility corridor and all new utility facilities installed within the 24 Lynnhaven Parkway right-of-way shall be placed underground; and 25 2. The Director of Public Works is hereby authorized to execute an agreement with the 26 Virginia Department of Transportation and the utility owners within the Lynnhaven Parkway right- 27 of-way for the necessary utility relocations. 23 28 29 of I, layAdopted by the Council of the City of Virginia Beach, Virginia, on this __ day ,2000. 30 CA7711 31 F:\Data\ATY~Ordin\NONCODE\Underground Utility Corridor. ord.wpd 32 May 15, 2000 33 R-2 34 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL 35 ~ STFiCiENCY: /t~~ 3t5 /~_.~..._~ 37 t~ty Attorney s Office /$~Department Works LYNNH^~ LOCATION MAP SCALE: 1" -- 2,640' (801 (800 Denotes displacements of homes at project cost Denotes homes at 801 and 800 Kimbleton Court LOCATION MAP LYNNHAVEN PARKWAY CIP -//'2-157 SCALE: 1" -- 900' FOR PHASE IX PREPARED BY PM/ ENG. DRAFT. 1/1598 REVISED 12/17/98, 3/21/00 PROJECT LOCATION AND DESIGN RESOLUTION WHEREAS, a Citizen Information Meeting was conducted Au~tst 14, 1996 in the City of Virsinia Beach by representatives of the Viq~inia Department of Transportation after due and proper notice for the purpose of oonslderin8 the proposed improvements to Lynnhaven PmJcway, Plmse IX, VDOT Project # U000-134-V32, (CIP 2-157) in the City of Virginia Beac~ at which drawings and other pertinent information were made available' for public.review; end WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said Citizen Information Meetins; and representatives of the Virginia Department of. Transportation were present and participated in said meetins; and WHEREAS, the City Council has considered ail such matters; now THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach requests the Virsinia Department of Transportation pursue the attached design "Option C" of Lynnhaven Parkway that removes as many residential driveway conflicts as possible. Adopted this to day of Februa, rl~998, City of Virginia Beach, Virginia. ATYEST: I APPROVED A3 TO LEGAL SUFFIC i - 26- V-I. 3. ORDINANCES/RESOL UTIONS ITEM # 46646 BY CONSENSUS, City Council REMOVED FROM THE AGENDA: Ordinance to AMEND 3~ 7-50 of the City Code by adding a provision pertaining to the operation of four-wheeled bicycles in the resort area (April 15 thru September 30). This item will be REMOVED from the Agenda and SCHEDULED for a future City Council Session. The City Staff shall comprehensively review this Ordinance, encompassing the hours of operation, regulation of the number allowed for rental, abuse by renters and the various locations where these particular bicycles may be operated. May 23, 2000 -27- V-L4. ORDINANCES/RESOL UTIONS ITEM # 4664 7 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ABOLISH the Erosion Commission and REPEAL o6 6 - 161 through ~ 6 - 165 of the Code of the City of Virginia Beach; and, ESTABLISH the Beaches and Waterways Advisory Commission as the successor to terminate 30 June 2005 Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William VK. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 6 7 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O AN ORDINANCE TO ESTABLISH THE BEACHES AND WATERWAYS ADVISORY COMMISSION WHEREAS, on several occasions during the past few years, members of City Council have suggested that it would be beneficial to establish a separate Council-appointed agency to advise the Council on policy and program issues related to the City's beaches and waterways; WHEREAS, in furtherance of this suggestion, the City Manager appointed a policy development group to evaluate the advantages and disadvantages of such an agency, identify alternative courses of action, and make recommendations regarding the course of action it deemed to be in the best interests of the City; and WHEREAS, in a Policy Report presented to City Council, as well as a Council briefing held on April 25, 2000, the policy development group recommended the establishment of a new Council- appointed commission whose purpose would be to serve as a successor to the Erosion Commission, to review beach and waterway-related issues referred to it by City Council, and to make recommendations to City Council regarding such issues. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby abolishes the Erosion Commission. 2. That §§ 6-161 through 6-165 of the Code of the City of Virginia Beach pertaining to the Erosion Commission are hereby repealed. o Waterways Advisory Commission That City Council hereby establishes the Beaches and the '~Commission") as the successor 31 to the Erosion Commission. 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 5O 51 52 53 54 55 56 57 58 4. That the Commission shall be comprised of seven (7) members, with one (1) member being appointed by City Council from the residents of each of the City's seven (7) election districts. 5. That the initial terms of the members appointed from the Bayside, Beach and Centerville districts shall be for three (3) years; the initial terms of the members appointed from the Kempsville and Lynnhaven districts shall be for two (2) years; and the initial terms of the members appointed from the Princess Anne and Rose Hall districts shall be for one (1) year. Thereafter, the terms of all such members shall be for three 3)years. 6. That the purpose of the Commission shall be to serve in an advisory capacity to City Council with respect to beach and waterway-related issues. Specifically, in furtherance of said purpose, it shall be the responsibility of the Commission: a. To review issues referred to it by City Council concerning access to, and the preservation, development and use of, the City's beaches and waterways, and to make recommendations to City Council regarding such issues; and b. To serve as the City's local erosion advisory commission and carry out the responsibilities imposed on such local commissions pursuant to § 10.1-711 of the Code of Virginia. 7. That the Commission shall be governed by its bylaws, a copy of which is attached hereto as Exhibit A, and incorporated by reference. 8. That the Commission shall terminate automatically at midnight on June 30, 2005, unless terminated or extended by City Council prior to that date. 59 6O Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of May , 2000. CA-7707 ORDIN~NONCODE~BEACHES & WATERWAYS.ORD R7 05~16~2000 EXHIBIT A BYLAWS BEACHES AND WATERWAYS ADVISORY COMMISSION ARTICLE I NAME The name of the commission shall be the Beaches and Waterways Advisory Commission. ARTICLE II o PURPOSE The purpose of the Commission shall be: To review issues referred to it by City Council concerning access to, and the preservation, development and use of, the City's beaches and waterways, and to make recommendations to the City Council regarding such issues. To serve as the City's local erosion advisory commission and carry out the responsibilities imposed on such local commissions pursuant to § 10.1-711 of the Code of Virginia. ARTICLE III MEMBERS Section 1. Number. The Commission shall be comprised of seven (7) members, with one (1) member being appointed by City Council from the residents of each of the City's seven (7) election districts. Section 2. Term. The initial terms of the members appointed from the Bayside, Beach and Centerville districts shall be for three (3) years; the initial terms of the members appointed from the Kempsville and Lynnhaven districts shall be for two (2) years; and the initial terms of the members appointed from the Princess Anne and Rose Hall districts shall be for one (1) year. Thereafter, all members shall be appointed for a term of three (3) years. In accordance with § 2-3 of the City Code, no member shall be appointed to serve more than three (3) consecutive three-year terms. All initial appointments shall commence on the same date. Section 3. Qualifications. Each member must be a resident of the district from which he or she is appointed. The appointees shall have knowledge and experience concerning beach and waterway- related issues. Section 4. Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote of the Commission and shall serve for a term of one (1) year. The Chair (or Vice-Chair in the Chair's absence) shall preside over all meetings of the Commission. The Chair and Vice-Chair may be re-appointed for additional terms. Section 5. Attendance. Attendance records shall be kept at each meeting of the Commission and an annual report of the attendance of the members shall be filed with the City Clerk by June 30 of each year for review by City Council. No member shall accumulate an annual total of more than three (3) absences (or be absent from more than one-fourth of the total number of meetings). If this limitation is exceeded for reasons other than personal illness, death, or other unusual circumstances, the appointment shall be terminated automatically, or as otherwise prescribed by law. Members shall be paid $50.00 for each meeting attended. Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, or otherwise shall be filled by City Council for the unexpired term thereof, or in the case of an expiration, for three (3) years, within thirty (30) days of said vacancy. ARTICLE IV MEETINGS Section 1. Regular meetings. The Commission shall meet at least once a month at a time and location to be determined by the Chair upon consultation and coordination with the other members. Section 2. Special meetings. A special meeting may be called by the Chair or three (3) members of the Commission, or may be convened by City Council, to consider any matter that, in the determination of the Chair, the members, or the City Council, needs to be addressed prior to a regular meeting. Section 3. Requirements. A majority of Commission members shall be present in order for any official action to be taken. All actions of the Commission shall be conducted at a regular or special meeting and shall require a majority vote of those members present. ARTICLE V REPORT__S Section 1. Annual report. Within forty-five (45) days of the end of the fiscal year, the Commission shall prepare, and submit to City Council, an annual report of its activities, recommendations, and proposals, including a financial statement, if applicable. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission or the Council. Section 2. Requirements. All reports shall be approved by a majority of the members of the Commission. In any report to the Council, the Commission shall identify any conflicts that its report may have with the proposals and/or recommendations of other City agencies. -2- ARTICLE VI COORDINATION Section 1. City departments. The CommiSsion shall work with and through the Department of Public Works (the "Department") which shall, in close cooperation with the City Manager's Office, be responsible for coordinating the efforts of the Commission with other City departments, boards, and commissions to (1) ensure that there is no unnecessary duplication of efforts; (2) enable the Commission to review the proposals and recommendations of such other City departments, boards and commissions for compatibility (or incompatibility) with Commission objectives; and (3) enable such other City departments, boards and commissions to review and provide comments on Commission-generated proposals and recommendations. Section 2. Other agencies. The Commission and the Department shall make a special effort to establish open lines of communication with other agencies involved in the review of beach and waterway-related issues. ARTICLE VII .COMMITTEE~q The Chair of the Commission shall have the authority to appoint committees, comprised of members of the Commission and non-members with special expertise, to study and review specific areas of concern and to report back to the full Commission for such action as the Commission may deem appropriate. ' ARTICLE VIII .AMENDMENTS No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective without the prior consent of' City Council. ARTICLE IX TERMINATION The ConunisSion shall terminate automatically at midnight on June 30, 2005, unless terminated or extended by City Council prior to that date. These Bylaws [as amended] are hereby adopted as of this day of ,2000, by the Council of the City of Virginia Beach, Virginia. ~ - F:~DataLa'TY~Ordin\NONCODE~B&W Bylaws-4-2000.wpd -3- - 28 - ORDINANCES/RESOL UTIONS ITEM # 46648 Attorney R.E. Bourdon, Pembroke one, Fifth Floor, Phone: 499-8971, advised the application is only relative two (2) security gates, which traverse the applicant 's property. These portions of the alley will be for pedestrian access. This application does not refer to the alley which separates Mr. Rodio 's property to the north. The following registered in OPPOSITION: Chester Rodio, 206 16th Street, Phone: 428-0048, owner of parcel of property from Atlantic Avenue down 16th Street, comprising approximately 200feet. Joseph W. Cotton, 3952 Oak Ridge Circle, Phone: 428-2930 Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right-of-way (20' alley) at 1500 Atlantic Avenue for EWALBE, L.L.C. re two (2) security gates; and, authorize the City Manager to execute the necessary documents. The following conditions shall be required.': The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shall indetnnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. No permission or authority is given to the applicant to permit the maintenance or construction of any encroachment other than that specified herein and to the Hmited extent specified herein, nor to permit the maintenance and construction of any encroachment by any one other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works for final approval. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. Prior to issuance of a right-of-way permit, the applicant must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. May 23, 2000 V-L$. ORDINANCES/RESOL UTIONS - 29- ITEM # 46648 (Continued) The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additionally named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500,000, combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 10. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 11. The city, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove the temporary encroachment; and pending such removal, the city may charge the applicant for the use of the encroachment area, the equivalent of what wouM be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered herein above by the Agreement, the city may impose a penalty in the sum of One Hundred Dollars (MOO) per day for each and every day that the temporary encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None This item was MOVED AFTER the Planning Application of Charles G. & Susan L. Barker (Item J. 2.), in order for the Attorney and the registered speakers to confer relative clarification of the item. May 23, 2000 2 3 4 5 6 8 9 10 11 12 13 14' 15 16 17 18 19 2O 21 22 23 24 25 26 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A 20' ALLEY BY EWALBE, L.L.C., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, EWALBE, L.L.C., desires to construct and maintain security gate and walkway into the City's right-of-way known as a 20' alley located in Block "B" at 1500 Atlantic Avenue. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended EWALBE, L.L.C. its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for two security gates in the City's right-of-way as shown on the map entitled: "CONCEPT PLAN OF AMUSEMENT PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1" - 20" DATE-I'16'2000", a copy of which is attached; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and EWALBE, L.L.C., (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 27 28 29 3O 31 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as EWALBE, L.L.C. and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of ~Y ., 2000. 32 33 CA- PREPARED: April 20, 2000 APPROVED AS TO CONTENTS SIGNATURE EPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY 2 TE LOCATION I~AP LOCATION /VlAP FOR RIGHT OF WAY ENCROACHMENT FOR EWALBE L.L.C. FOR ^ SECURITY FENCE IN THE 20' ALLY AT THE PROPOSED AMUSEMENT PARK AT 15th STREET SCALE: 1" = 200' PlTFPAI~I::FI RV PRAt I::kff':. rtPAL-I' "1 In nn PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58. 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this i['' day of ,PIpiti [ ,20 ~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and EWALBE, LLC ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Amusement Park ~ 15TM Street" and being further designated and described as LOTS 7 TO 14 BLK B. 1500 Atlantic Avenue. LOTS 15 TO 22 BLK B' Virginia Beach, Virginia 23451; and That, WHEREAS, it is proposed by the Grantee to construct and maintain two security gates and pedestrian walkway, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as a 20' Alley "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2427-16-957i & 2427-16-8417 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the 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's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "CONCEPT PLAN OF AMUSEMENT PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1" - 20' ' DATE = 1'16'2000", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses'of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the 3 cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said EWALBE, LLC has caused this Agreement to be executed in its corporate name and on its behalf by its managing partner, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. Further, that the City of Virginia Beach has caused this Agreement to be exocuted in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk EWALBE, LLC Edward A. Tebele Managing Partner STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: wi The foregoing instrument was ackno edged before me this _ day of l ,20 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: BEACH. The foregoing instrument was acknowledged before me this day of ,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA My Commission Expires: Notary Public STATE OF VIRGINIA CITY/OI3[I~'x~,' OF VIRGINIA BEACH , to-wit: April LLC. The foregoing instrument was acknowledged before me this 1 l th day of 2000, by EDWARD A. TEBELE, MANAGING PARTNER on behalfofEWALBE, My Commission Expires: August 31, 2002 APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT CITY REAL ESTATE AGENT - 30- V-I. 6. ORDINANCES/RESOL UTIONS ITEM # 46649 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $3,159 from the FY 2000 General Fund Reserve for Contingencies to the operating budget of the Department of Housing and Neighborhood Preservation to reimburse a city employee for legal fees and expenses incurred during the performance of official duties. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $3,159 FROM THE FY 2000 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2000 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF REIMBURSING A CITY EMPLOYEE FOR LEGAL FEES AND EXPENSES 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, an employee of the Department of Neighborhood Preservation was charged with assault arising out of the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach General District Court on January 31, 2000, the charge was dismissed; WHEREAS, in her defense of said charge, the employee incurred legal fees and expenses in the amount of $3,159, and has requested the City to reimburse her for such fees and expenses; WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "[i]f any officer or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, or the charge is subsequently dismissed, or upon trial he is found not guilty, the governing body of the locality may reimburse the officer or employee for reasonable legal fees and expenses incurred by him in defense of the investigation or charge, the reimbursement to be paid from the treasury of the locality"; and WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the employee's legal counsel, and determined that the legal fees and expenses incurred by the employee are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $3,159 are hereby transferred from the FY 2000 General Fund Reserve for Contingencies to the FY 2000 Housing and for actions 34 35 36 37 38 39 40 Operating Budget of the Department of Housing and Neighborhood Preservation for the purpose of reimbursing a City employee for legal fees and expenses incurred by her in her defense of a criminal charge brought against her arising out of the performance of her official duties. Adopted by the City Council of the City of Virginia Beach on this 23 day of May , 2000. 41 42 43 44 CA-7623 DATA/ORDIN/NONCODE/Employee Reimbfee.ORD May 15, 2000 R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL. SUFFICIENCY: - 31 - V-L 7. ORDINANCES/RESOL UTIONS ITEM # 46650 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER and APPROPRIATE $660,535 from the General Fund Reserve for Contingencies to the FY2000 Virginia Beach Court Service Unit operating budget re Juvenile Detention Services and Group Home Services. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 4 5 6 7 AN ORDINANCE TO FULLY FUND REQUIRED JUVENILE SECURE, NON-SECUREAND OUTREACH DETENTION, AND GROUP HOME SERVICES BY TRANSFERRING APPROPRIATIONS OF $660,535 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2000 VIRGINIA BEACH COURT SERVICE UNIT OPERATING BUDGET 8 WHEREAS, uncontrollable trends will create a deficit in the 9 Virginia Beach Court Service Unit's FY 2000 Operating Budget for usage of 10 secure, non-secure and outreach detention services, and community-based 11 treatment services for juveniles under their supervision that are ordered 12 by the Virginia Beach Juvenile and Domestic Relations District Court; 13 WHEREAS, to prevent the deficit, the Virginia Beach Court 14 Service Unit has requested that City Council provide additional funding 15 in the amount of $660,535 to meet these increased needs, and 16 appropriations are available in the General Fund Reserve for 17 Contingencies to meet these needs. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That $660,535 of previously appropriated funds are hereby 21 transferred from the General Fund Reserve for Contingencies to the FY 22 2000 Operating Budget of the Virginia Beach Court Service Unit for the 23 purpose of fully funding required juvenile secure, non-secure and 24 outreach detention, and group home services. 25 23 26 __ day of Adopted by the Council of the City of Virginia Beach, Virginia, on the , 2000 . 27 Requires an affirmative vote by a majority of ~he members of City Council. 28 CA-7708 29 F:~Data~ATY~Ordin~NONCODE[group home services.ord.wpd 30 May 17, 2000 31 R-3 32 33 Approved as to Content: 34 36 Management Services Approved as to Legal Sufficiency: City Attorney's Office 1 2 3 4 5 A RESOLUTION TO TEMPORARILY CHANGE THE LOCATION OF CITY COUNCIL MEETINGS DUE TO PLANNED REPAIRS AND RENOVATIONS OF THE CITY COUNCIL CHAMBERS 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, Section 2-20 of the City Code provides that "[r]egular formal meetings of the council shall be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first and second Tuesdays of each month at 2:00 p.m. and on the fourth Tuesday of each month at 6:00 p.m., unless such date shall fall upon a legal holiday, in which case the meeting shall be held on the next succeeding day which is not a holiday and at the same hour, except as otherwise provided by special resolution of the council"; WHEREAS, the Council Chambers will be undergoing repairs and renovations from July 15 through October 31, 2000; and WHEREAS, these repairs and renovations will necessitate a temporary change in the location of Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That due to planned repairs and renovations of the City Council Chambers, from July 15 through October 31, 2000, regular formal meetings of City Council shall be held in the School Board Chambers of the School Administration Building located in the Municipal Center at 2512 George Mason Drive; 2. That, in order to avoid a conflict with the School Board's meeting schedule, during this same period of time, City Council will not meet on the first Tuesday of the month; and 3. That the City Clerk is hereby directed to take adequate measures to ensure that the general public is made aware of these temporary changes. - 33- V-I. 9. ORDINANCES/RESOL UTIONS ITEM # 46652 Councilman Harrison referenced questions raised by the business community and if these were considered during the formulation of this proposed Ordinance: Page 6, Line 174 (fiat roofs and HVAC equipmenO: If the retail establishment is within 300 feet of a public street, Item (2) in Subparagraph (b) is fine; however, if the retail establishment is more than 300feet from a public street, why should not this be an exemption? Page 9, Sec. 246 (a) (2) ('Shopping Center Site LayouO. Comments have been made as this section is too restrictive on out-parcel parking. This green space surrounding the out-parcel may force the developers to move their buildings all the way to the back of the lot. It leaves too much unbuildable space on an out-parcel. Page I0, Line 295, the parking is permitted to be reduced 4 spaces per 1,000 square feet in establishments 80, O00 feet or greater. The majority of retailers require 5 spaces per 1,000. Council Lady Eure advised the item relative out-parcel parking was thoroughly discussed by the Review Committee. Representatives of the business community were in attendance. Council Lady Eure referenced the request of Pembroke Enterprises that Malls be exempted from this ordinance. This information has been forwarded to City Staff. Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning Commission. The Amendment on page 4 is extremely minor and states: " th ' ... at htgh-quality design elements not addressed by the provisions of this part shall be encouraged." Council Lady McClanan was concerned relative positive standards being addressed for large retail establishments. The City needs to go forward not backward. An outline of the concerns shall be forwarded to the Planning Commission. Robert Scott, Director of Planning, advised the concerns will be reviewed. Upon motion by Council Lady Eure, seconded by Council Lady Parker, City Council ADOPTED, with revisions to the proposed Ordinance: Resolution REFERRING to the Planning Commission proposed amendments to ~ 111 and Article Two of the City Zoning Ordinance (CZO), establishing design and other standards for retail establishments by no later than June 17, 2000. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William 14'. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 10 11 12 13 14 15 16 17 18 19 1 2 3 4 5 20 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 111 AND ARTICLE TWO OF THE CITY ZONING ORDINANCE, ESTABLISHING DESIGN AND OTHER STANDARDS FOR RETAIL ESTABLISHMENTS WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 111 and Article Two of the City Zoning Ordinance, establishing design and other standards for retail establishments. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendations concerning the aforesaid amendments by no later than June 17, 2000. 21 22 23 24 25 26 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 23 day of May , 2000. CA-00-7714 wmm~ordres~retailestab.res R-1 May 16, 2000 APPROVED AS TO LEGAL SU~ICI~. NCY ^ ~ /, Department of Law 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE AMENDING SECTION 111 AND ARTICLE TWO OF THE CITY ZONING ORDINANCE, ESTABLISHING DESIGN AND OTHER STANDARDS FOR RETAIL ESTABLISHMENTS Section Amended: City Zoning Ordinance Section 111 Sections Added: City Zoning Ordinance Sections 243, 244, 245, 246, 247, 248 and 249 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance be, and hereby is, amended and reordained, and Article 2 of the City Zoning Ordinance be, and hereby is amended and reordained by the addition of a new Part D thereto, consisting of Sections 243, 244, 245, 246, 247, 248 and 249, to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec. 111. Definitions. Retail establishment. Any building used for the display and sale of merchandise to the general public at retail. Shoppinq center. A group of two (2) or more retail or other commercial establishments, including those located on outparcels, having any or all of the following characteristics: (a) The establishments are connected by party walls, (b) partitions, canopies or similar features; Some or all of the establishments are located in separate buildings which are designed as a single commercial group sharing common parking areas and vehicular ways and which are connected by walkways or other access ways; 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 (c) The establishments are under the same manaqement or association for the purpose of enforcinq reciprocal aqreements controllinq manaqement or parking; or The establishments inteqrated fashion are structurally desiqned in an around or alonq the sides of a promenade, walkway, concourse or courtyard. COMMENT The CZO currently does not contain a formal definition of the term "retail establishment." The amendment corrects that omission. The amendment also defines the term "shopping center." ARTICLE 2. [PART] GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING CENTERS Sec. 243. (a) Findinqs of fact; intent. The City Council finds that: (1) while retail establishments, whether in the form of sinqle establishments or shoppinq centers, are critical to the continued economic vitality of the City and to the well-beinq of its citizens, they can also have siqnificant aesthetic, economic, traffic-related and other impacts upon the community;. because the viability of retail establishments depends in larqe part upon hiqh visibility from public streets and location in busy areas of the City, their buildinq and site desiqn has an especially siqnificant impact upon the character and attractiveness of the City in qeneral and its streetscapes in particular; 62 63 64 65 66 67 68 69 70 71 72 73 74 75 (3) the protection and enhancement of the positive aesthetic qualities of the City, including its commercially developed areas, has a direct and substantial bearinq upon its continued economic vitality, especially in liqht of the City's reliance upon the economic benefits provided by its tourism industry; and (4) as noted by the Virqinia General Assembly, the visual environment confronted by individuals in their daily routines has a profound effect on personal attitudes and productive capacities. (b) It is the intent of the City Council in adopting this Part to promote retail development which utilizes hiqh-quality desiqn and buildinq features in such manner as to enhance the 76 77 78 79 80 81 82 83 84 85 86 87 88 functional, as well as aesthetic, attributes thereof, and thereby to protect and enhance the continued positive economic development of the City, its businesses and its citizens. COMMENT This section sets forth findings of fact and the intent of the City Council in adopting the following provisions. Sec. 244. Applicability; rules of construction; modifications. (a) The provisions of this Part shall apply to the construction of new retail establishments, includinq conversions of other uses to retail use, and to additions or expansions of existinq retail establishments where the qross square footaqe of floor area thereof is increased by fifty per cent (50%) or more. (b) The requirements of this Part shall be in addition to 89 90 all other applicable ordinances, requlations and requirements, and to the extent that any provision of this Part conflicts with 91 92 93 94 any other ordinance, requlation or requirement, the provision of this Part shall control. (c) The use of the word "shall" denotes a mandatory requirement. The use of the word "should" denotes a voluntary 95 96 97 98 99 100 101 102 103 104 105 provision; provided, however, that when any proposed retail establishment or shoppinq center requires the approval of the City Council, whether by rezoninq, conditional zoninq or conditional use permit, the City Council shall, in determininq whether or not to qrant such approval, consider the extent to which the proposed retail establishment or shoppinq center conforms to the voluntary provisions of this Part; and provided further, that hiqh-quality desiqn elements not addressed by the provisions of this Part shall be encouraqed. (d) The Planninq Director is hereby authorized to allow modifications of the requirements of this Part where such 106 107 108 109 110 111 112 113 114 115 116 117 118 119 modifications: (1) are demonstrably necessary by reason of the unusual shape, size, configuration or other site conditions of the property on which a retail establishment or shopping center is souqht to be located; and (2) do not substantially reduce the overall quality of the proposed development. Nothinq in this section shall impair the riqht of any proper party to apply to the Board of Zoninq Appeals for a variance from any of the provisions of this Part. COMMENT (e) The provisions of this section: (a) state the circumstances in which the ordinance applies; 120 121 122 123 124 125 126 127 128 129 (b) set forth the rules for resolving potential conflicts between the provisions of the ordinance and other provisions of the CZO; (c) voluntary); distinguish the meaning of the words "shall" (i.e., mandatory) and "should" (i.e., (d) state that, when a proposed retail development or shopping center which requires City Council approval, one of the factors the City Council is to consider is the extent to which the proposed development conforms to the voluntary provisions of the ordinance; (e) authorizes the Planning Director to modify the requirements of the ordinance under certain specified conditions; and (f) preserves the right of appeal to the BZA in proper cases. 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Sec. 245. Building design. The following building design features shall apply to retail establishments and shopping centers which are subject to the provisions of this Part: (a) Facades and exterior walls (1) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, should incorporate wall plane projections or recesses having a depth of at least three (3) feet; (2) Building fronts and sides of buildings oriented toward a public street should incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest; (3) Facades not facing public streets should incorporate a repeating pattern that includes changes in color, texture and material, each of which should be integral Darts of the building and not superficially-applied trim, graphics, or paint. At least one of the foregoing elements should repeat horizontally. In addition, the structural 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 (b) (c) or architectural bay pattern of the building should be expressed on the exterior through the use of reveals, projecting ribs or offsets at a minimum depth of twelve (12) inches; (4) Facades not visible from a public street or from a private internal street or way used by the public should be painted a coordinating color to complement the front and side facades; and (5}. In areas of the City characterized by urban-type development, such as the Pembroke Town Center and Oceanfront Resort Area, developers are encouraged to reduce the footprint of large retail establishments through the use of multiple levels. Roofs (1) Variations in roof lines should be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features or height variations. The front of the building should incorporate at least one three dimensional feature. Flat roofs and all rooftop equipment such as heating, ventilation, and air conditioning (HVAC) units shall be concealed from typical street level view by the use of parapets or other means. Parapets should feature three-dimensional cornice treatment, rather than two-dimensional superficial treatment. Materials and Colors (1) Exterior building materials for all portions of a building should be of high quality and should 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 (d) exceed the level of quality required by the Virqinia Uniform Statewide Buildinq Code. Predominant exterior buildinq materials should include any combination of brick, wood, stone, or tinted and textured concrete masonry. Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior buildinq materials only if such materials have been incorporated into the overall desiqn of the buildinq and reflect an overall appearance of hiqh quality. Facade colors for all portions of the buildinq should be of low reflectance and of neutral or earth tone, rather than primary, colors. Buildinq trim and accent areas may feature briqhter colors, includinq primary colors. Entry-ways Entryway desiqn elements and variations shall provide orientation to buildinq. Buildinqs shall have clearly defined, hiqhly visible customer entrances, which should incorporate two or more of the followinq features: (2) (3) (4) (5) (6) Canopies or porticos; Overhanqs; Recesses or projections; Arcades; Raised corniced parapets over entranceways; Peaked roof forms; Arches; Outdoor patios; 7 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 (9) Display windows; (10) Architectural details such as tile work or moldinqs inteqrated into the buildinq structure and desiqn; or (11) Inteqral landscaped areas or places for sittinq.. Outdoor Display Areas, Vendinq Machines and Ground Level Mechanical Equipment (1) All outdoor display areas, includinq qarden centers and any seasonal sales, shall be enclosed on all sides with hiqh-quality fencinq. Chain-link fences are stronqly discouraqed. All outdoor display areas shall be desiqnated on the site plan and shall not extend into parkinq areas. (2) Vendinq machines shall not be visible from a public street. If vendinq machines are present, buildinq facades should include an area screened from public (3) streets but visible to security personnel. Mechanical or HVAC equipment shall not be installed at qround level alonq any portion of a buildinq facinq a public or internal street unless such location is necessitated by the nature and desiqn of the buildinq it serves. Such equipment shall be screened by a solid fence or wall and native plants, such as wax myrtle or leyland cypress, havinq good screeninq characteristics. Shrubs shall be at least three at least six (6) (3) feet hiqh, and trees shall be feet hiqh, at plantinq. Plants shall be spaced as directed by the City's Landscapinq, Screeninq and Bufferinq Specifications and Standards, be maintained at all times in qood 8 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 condition and shall not be trimmed to a heiqht lower than the mechanical equipment they screen. (f) Liqhtinq (1) Outdoor liqhtinq fixtures should be coordinated as to style, material and color. Neutral and earth tone colors of liqhtinq fixtures are encouraqed. Liqhting throuqhout the site should overlap, creatinq an even level of illumination throuqhout the parkinq area. The use of pedestrian level liqhtinq should be used alonq pedestrian walkways. COMMENT This section sets forth design standards for buildings which are subject to the ordinance. Particular areas which are addressed include, facades and exterior walls, roofs, materials and colors, entryways, outdoor display areas, vending machines and ground-level mechanical equipment and lighting. 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 Sec. 246. Site desiqn. The followinq site desiqn characteristics shall apply to retail establishments and shoppinq centers which are subject to the provisions of this Part: Shoppinq Center Site Lavout (1) Buildinqs on shopping center outparcels shall be located so as to encouraqe pedestrian traffic and hiqhliqht architectural details of the buildinqs. No parkinq shall be permitted on outparcel sites between such buildinqs and public streets. (2) Subject to the provisions of subdivision (b) (1), shoppinq centers exceedinq five (5) acres in size, there shall be no buildinqs, parkinq surfaces or other above-qround improvements, except as specified herein, within thirty (30) feet of a public street. in The area within such setback shall 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 (b) contain a heavily-landscaped berm havinq a minimum heiqht of three (3) feet measured from the level of the abuttinq public street. The Planninq Director may allow a reduction in setback to no less than ten (10) feet, provided that heavy landscapinq and other features, such as brick walls, are located so as to reduce the visual impact of the parkinq lot from the abuttinq public street. Parkinq (1) Vehicular parkinq areas should be distributed around at least three (3) sides of retail buildinqs in order to reduce the overall scale of the paved (2) parkinq surface. Vehicular circulation systems providinq access to parkinq areas shall be desiqned to reduce the potential for vehicular conflicts to a minimum. (3) (4), Adequate stacking for vehicles shall be provided at the access points from parkinq areas. The use of alternative porous pavement finishes is encouraqed. In order to encourage the provision of site amenities, in any retail establishment or shoppinq center containinq at least eiqhty thousand (80,000) square feet of retail space, parkinq may be reduced to one (1) space for every two hundred fifty (250) square feet if pedestrian walkways meetinq the requirements of subdivision (5) are provided throuqh the parkinq area. 10 299 300 301 302 303 304 3O5 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 (5) For any retail establishment or shopping center containinq at least eiqhty thousand (80,000) square feet of retail space, pedestrian walkways shall provide access from the parkinq area to the primary buildinq in such manner that pedestrians usinq walkways will be required to traverse the vehicular parkinq aisle to the minimum extent possible. Such walkways shall be located so that no customer entrance is farther than one hundred (100) feet from the nearest walkway. Walkways shall be landscaped and be readily distinquishable from drivinq surfaces where they traverse such surfaces throuqh the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or similar architectural treatments. (c) Buildinq Entrances. Where possible, multiple entrances to buildinqs should be utilized in order to reduce the walkinq distance from cars and to facilitate pedestrian and bicycle access from public streets and sidewalks. (d) Pedestrian Access (1) Sidewalks shall be located alonq public riqhts-of- way in accordance with Department of Public Works Enqineerinq Specifications and Standards. (2) Connectinq internal pedestrian walkways, no less than five (5) feet in width, shall be provided from the public sidewalk or riqht-of-way to the principal customer entrance of all anchor tenant buildinqs on the site. Outparcels shall be 11 328 329 330 331 332 333 334 335 336 337 338 3'39 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 (3), (4) connected to each other, to the main shoppinq center and to the public sidewalk system by pedestrian walkways. In addition, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street crossinqs, buildinq and store entry points, and parkinq areas. The walkways should feature adjoininq landscaped areas that include trees, shrubs, benches, flower beds, ground cover or similar materials to enhance the appearance of the walkway areas. Such landscapinq shall be credited toward the parkinq lot landscapinq requirements of Section 5A of the Site Plan Ordinance. Clear siqht lines allowinq for qood natural surveillance and adequate liqhtinq shall be incorporated. Landscapinq alonq the walkways shall be maintained at no more than three (3) feet in heiqht or limbed up to at least seven (7) feet in order to avoid visibility obstructions. Entrances shall include weather protection features such as awninqs or arcades havinq a width at least double that of the doorways over which they are located. All internal pedestrian walkways shall be distinquished from drivinq surfaces throuqh the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or other architectural treatments to enhance pedestrian safety and comfort. 12 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 38O 381 382 383 384 (e) (5) Provision of bicycle racks is encouraged. Bicycle racks shall be in a well-lighted area and placed in a location visible from the entrance and parking area. Central Features and Community Spaces {1) Shopping centers and retail establishments should offer attractive and inviting pedestrian scale features, spaces and amenities. If served by mass transit, transit stops and drop-off/pick-up points shall be integrated into the site so as to provide a hiqh degree of convenience and efficiency. Pedestrian ways should be anchored by special design features such as towers, arcades, porticos, pedestrian light fixtures, planter walls or other architectural elements that define circulation ways and outdoor spaces. Retail establishments containing one hundred thousand (100,000) square feet or more of gross square footage and shopping centers containing five (5) acres or more of land area shall provide at least two (2) of the following features: (c) (D) (F) Patio/seating area; Pedestrian plaza with benches; Window shopping walkway; Outdoor playground area; Kiosk area; Water feature or stormwater management facility with amenities such as fountains, 13 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 4O0 benches, walking trails, pedestrian furniture or liqhting; (G) Clock tower; (H) Outdoor sculpture; or (I) Any other focal feature or amenity which, in the judqment of the Planninq Director, provides an equivalent benefit. All such features and community spaces shall connect to internal or public walkways and, if present, to the bikeway network, and shall be constructed of materials of at least equal quality to that of the principal materials of the buildinq and landscape. COMMENT This section contains standards for site design. Particular elements which are addressed are shopping center site layout, parking, building entrances, pedestrian access, and central features and community spaces. 401 402 403 404 405 406 407 408 409 410 411 412 413 414 Sec. 247. Landscapinq and bufferinq. The followinq provisions shall be in addition to all other City landscapinq provisions: (a) Any loadinq dock within view of a residential, office or apartment zoninq district or a public street shall be screened by a landscaped berm or a solid wall with landscapinq on the outside. (b) Sites with existing trees and veqetation alonq street frontaqes should, where desirable, retain such features and inteqrate them into the landscape plan for the site. (c) To the qreatest extent possible, no less than twenty- five per cent (25%) of trees shall be everqreen species. (d) To the qreatest extent possible, plantinq pits shall be backfilled with thirty-six (36) inches of topsoil to provide the most conducive qrowinq environment for new landscape plantinq. 14 415 416 (e) To the qreatest extent possible, landscape islands shall be desiqned so that shrubs or trees are not located on the edqes 417 of the island. 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 COMMENT This section provides for landscaping and buffering requirements for retail developments and shopping centers. The requirements of this section are additional requirements which supplement, rather than supplant, other City landscaping provisions. Sec. 248. Stoz/nwater Manaqement Facilities. (a) On-site stormwater manaqement ponds in a prominent locatio~ should be attractively-landscaped amenities. Wetlands benchinq, fountains, and the incorporation of walkinq trails and pedestrian benches around the perimeter of the ponds are encouraqed. Liqhtinq of such areas for purposes of enhancinq safety is also encouraqed. (b) The use of chain link fencinq to enclose stormwater manaqement ponds is stronqly discouraged. (c) Where feasible, stormwater manaqement systems shall utilize existinq reqional stormwater manaqement facilities. COMMENT Thissectionsets~rthrecommendations~ron-sitestormwater managementponds. Sec. 249. Siqnaqe. (a) The style, size, color, and material of all siqns on a shoppinq center should be coordinated to include siqns for any outparcel development, on-site directional siqns, and siqns to be located on buildinqs. Colors and materials should be similar to those used on the primary buildinq or buildinqs. Siqns should be primarily of neutral or earth-tone colors, and primary colors should be limited to accents. 15 443 444 445 446 44? 448 449 450 451 452 453 454 455 456 457 458 459' 460 461 462 (b) Notwithstandinq any other contrary requlation, a minimum of seventy-five (75) square feet of shrubbery, flower beds, trees or other plants, consisting of at least fifty per cent (50%) evergreens, shall be required at the base of freestandinq signs identifying shopping centers. (c) As an alternative to the signs allowed pursuant to the applicable zoning district regulations, buildings having facades greater than two hundred (200) feet in lenqth may have one (1) identification sign no larger than one (1) square foot in size for every linear foot of facade, to a maximum of three hundred (300) square feet, on the facade of the building havinq the greatest length, provided that no more than three (3) other directional or informational signs are placed on the building. Directional or informational signs shall not exceed one and one-half (1-1/2) feet in height and shall be limited in combined area to ten per cent (10%) of the area of the building facade sign. COMMENT This section sets ~rth recommendations and requirements ~r signs. The provisions of this section supersede other sign regulations which conflict with those of this section. Adopted by the City Council of the City of Virginia Beach on 463 this the day of , 2000. 464 465 466 467 468 CA-00-7610 wmm\ordres\retaildesignordin.wpd R-7 May 22, 2000 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 469 470 Planning Department City Attorney 16 Item V-J. - 34 - PLANNING ITEM # 46653 1. CAVALIER GOLF AND YACHT CLUB STREET CLOSURE 2. CHARLES G. & SUSAN L BARKER STREET CLOSURE 3. JERROLD L. MILLER VARIANCE 4. BRENDA CUFFEE & ALBERT ROWSEY~, VARIANCE 5. MIL TON A. PALMER, SR. NON-CONFORMING USE 6. JAMES M. ARNHOLD NON-CONFORMING USE 7. COLLETT PROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L.C. AND, COLLETT PROPERTIES, INC. RECONSIDERATION (CHANGES OF ZONING) 8. WA WA, INC. CONDITIONAL USE PERMIT 9. SPIRIT RENT A CAR, INC. d/b/a CARTEMPS USA CONDITIONAL USE PERMIT 10. JOHN DA VID VOGEL CONDITIONAL USE PERMIT 11. CAPE HENRY COLLEGIATE SCHOOL CONDITIONAL USE PERMIT 12. CITY OF VIRGINIA BEACH SECTION 401 CZO Re Permitted Uses (recreational and amusement in the AG-1 and AG-2 Agricultural Districts) May 23, 2000 -36- Item V-J. 1. PLANNING ITEM # 46655 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of CA VALIER GOLF AND YACHT CLUB for the discontinuance, closure and abandonment ora portion of Cardinal Road: Application of Cavalier Golf and Yacht Club for the discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus. Said parcel is variable in width and contains 1.78 acres. (L YNNHA VEN - DISTRICT 5). The following conditions shah be required: A public utilities easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of and improvements to utilities within the right-of-way can be achieved. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. o The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shah be contingent upon compliance with the above stated conditions within 180 days of approval by City Council. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~ Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS THE NORTHERNMOST PORTION OF CARDINAL ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PORTION OF CARDINAL ROAD TO BE CLOSED" DATED MAY 30, 1996, PREPARED BY GALLUP SURVEYORS & ENGINEERS, LTD., COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A." WHEREAS, on May 23, 2000, Cavalier Golf & Yacht Club applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before November 20, 2000; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before November 20, 2000; That certain undeveloped street situated in the City of Virginia Beach, Virginia, known as the northernmost portion of Cardinal Road ("60 foot Right-of-Way"), commencing at the intersection of Cardinal Road, Starling Court and North Oriole Drive and running in a northerly direction through the property of the Cavalier Golf & Country Club to the Clubhouse. Said parcel designated as "Parcel 10" and "60 foot Right-of-Way" as shown on that certain plat entitled 'Boundary Survey for Cavalier Birdneck Land Corporation" recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 131, at page 24, and being 60 feet in width and approximately 1300 feet in length, comprising 77,565 square feet. GPIN: SECTION II The following conditions must be met on or before November 20, 2000: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. A public utilities easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of and improvements to utilities within the right-ofway can be achieved. 4. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of approval by City Council. If not, the approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before November 20, 2000, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before November 20, 2000, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." 2 day of Adoptedbythe Councilofth¢ CiW ofVirginiaBcach, Virginia, onthis l~y ,2000. 23 CA-7645 01/27/00 F:\DatakATY~Fomls~Dceds\STCLOS1J~WORKING\ca7645.ord APPROVED AS TO LEGAL SUFFICIENCY Law Department 3 Item V-J. 2. PLANNING -37- ITEM # 46656 Attorney David A. Miller, Jr., 3003 Lynnhven Parkway, Phone: 498-3424, represented the applicant Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council ALLOWED WITHDRAWAL of the Ordinance upon application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and abandonment ora portion of Southern Boulevard: Application of Charles G. Barker, Jr., and Susan L. Barker for the discontinuance, closure and abandonment of a portion of Southern Boulevard beginning at the eastern boundary of Kentucky Avenue and running in an easterly direction a distance of 725. 86feet. Said parcel is 50 feet in width and contains 36,293 square feet. ROSE HALL - DISTRICT 3 Mr. Robert Scott, Director of Planning, advised there is a 42-inch water line underneath this street, through which approximately one-half of the City's treated water flows. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-J.$. - 38- PLANNING ITEM # 46657 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Application of JERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) re reducing the width of an existing lot: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for derrold L. Miller. Property is located at 1242 North Inlynnview Road (GPI N #1498-46- 5206). L YNNHA VEN - DISTRICT 5 Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 - 39- Item V-J. 4. PLANNING ITEM # 46658 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance re all lots have access to a public street: Appeal to Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Brenda Cuffee and Albert Rowsey. Property is located on the north side of Alberthas Drive on Lots 43A and 44A (GPIN #1487-88-07301; #1487-88-1707) L YNNHA VEN - DISTRICT 5 The following condition shall be required: 1. The applicant shall adhere to theplan approved for Lot 45-A by City Council on August 26, 1997. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, ~Villiam W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 - 40- Item V-J. 5. PLANNING ITEM # 46659 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITEL Y, the Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming tlse Request for an expansion of a non-conforming use on the west side of Shipps Lane, north of Virginia Beach Boulevard. Property is located at 309 Shipps Lane and contains 9,900 square feet. BEACH- DISTRICT6. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-J. 6. - 41 - PLANNING ITEM # 46660 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the application of JAMES M. ARNHOLD for the enlargement ora nonconforming use: Resolution upon application o f James M. Arnhold for the enlargement of a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3, 316. 2 square feet. L YNNHA VEN- DISTRICT 5 The following conditions shall be required: The structure, as enlarged, shall conform to the plans and specifications exhibited to the City Council on the date of adoption of this resolution, which plans and specifications are on file in the Department of Planning. That the proposed shake siding shall be of a color matching, to the greatest extent possible, the majority of the siding on the existing townhouses on Spinnaker Court. 3. The brick veneer shall, to the greatest extent possible, match the brick on the existing townhouses on Spinnaker Court; and The windows on the front facade must be single-pane, without dividing mullions, similar to the windows for the rear facade as depicted on the submitted plans. Voting: 10-1 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None May 23, 2000 1 2 3 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 2414 SPINNAKER COURT (LYNNHAVEN DISTRICT) 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 WHEREAS, James M. Arnhold (hereinafter the "Applicant") has made demolish application to the City Council an existing townhouse and to for authorization to reconstruct a larger townhouse on the same site, situated on a certain lot or parcel of land having the address of 2414 Spinnaker Court, in the Lynnhaven District; and WHEREAS, said property lies within the B-4 Resort Commercial Zoning District; and WHEREAS, pursuant to Section 105(d) of the City Zoning Ordinance, the proposed enlargement of the Applicant's townhouse is unlawful in the absence of a resolution of the City Council authorizing the enlargement of such townhouse upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed townhouse, as enlarged, will be equally appropriate to the District as is the existing townhouse. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of a nonconforming use be, and hereby is, approved, upon the following conditions: 1. That the structure shall conform to the plans and specifications exhibited to the City Council on the date of adoption of this resolution, and which plans and specifications are on file in the Department of Planning; 31 32 33 34 35 36 37 38 39 2. That the proposed shake siding shall be of a color matching, to the greatest extent possible, the majority of the siding on the existing townhouses on Spinnaker Court; 3. The brick veneer shall, to the greatest extent possible, match the brick on the existing townhouses on Spinnaker Court; and 4. The windows on the front facade shall be single- pane, without dividing mullions, similar to the windows on the rear facade as depicted on the submitted plans. 4O 41 the 23 Adopted by the Council of the City of Virginia Beach on day of May , 2000. 42 43 44 45 CA-00-7648 wmordres~arnholdncuse.res R-2 May 15, 2000 APPROVED AS TO LEGAL SI-/FFICII~NC-Y ,0 · Depar[n~t of Law ' - - 2 - 42 - Item V-J. 7 PLANNING ITEM # 46661 Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 518-3200, represented the applicant and advised the changes to the application providing over 21,000 square feet of landscaping on the eastern site and perimeter of the site in excess of the current City requirement. Attorney Nutter advised signing correspondence dated May 22, 2000, acknowledging and concurring with the provisions to be addressed during site plan review process. Chris Wellman, Site Development Manager - Lowes, advised they will be strong supporters of the Virginia Beach community and Charties. Pastor Tommy Taylor, London Bridge Baptist Church The following registered in OPPOSITION Cliff Love, 2605 Thirza Place, Phone: 481-6449, concerned relative health of Lynnhaven River. Joe Taylor, Vice President- Taylors Do It Center, 1232 Bluebird Drive, Phone: 491-9000. Statement of Mr. Taylor regarding big box retailers is hereby made a part of the record. Connie Bowen, owner - Cape Henry Hardware 2108 East Admiral Drive, Phone: 481-1827, presented petitions in Opposition, which are hereby made a part of the record. Vonda Dunn, 2929 Summerhaven Road, Phone: 496-6911 J. E. Weirich, 1508 Back Cove Road, Phone: 481-0421 Upon motion by Councilman Branch, seconded by Councilman Weeks, City Council ADOPTED Ordinances upon application of COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETTPROPERTIES, INC. for Conditional Changes of Zoning (lost to a negative vote March 7, 2000): ORDINANCE UPONAPPLICATION OF COLLETTPROPERTIES, INC. AND COLLETT CHESAPEAKE PARTNERS, L.L. C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM B-2 TO CONDITIONAL B-2 Z05001167 BE IT HEREBY ORDAINED BY THE cOUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AND, Ordinance upon application of Collett Properties, Inc. and Collett Chesapeake Partners, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to ConditionaI B-2 Community Business District on certain property located at the southeast intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497- 84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85- 8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel contains 3.481 acres. BEACH - DISTRICT 6. ORDINANCE UPONAPPLICA TION OF COLLETTPROPERTIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM I- 1 TO CONDITIONAL B-2 Z05001168 BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Collett Properties, Inc. for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on certain property located on the east side of Parker Lane beginning at a point 150feet more or less south of Virginia Beach Boulevard (GPIN #1497-84-3855, #1497-84-8654, #1497-84-5907, #1497-84-7994). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for light industrial, business parks and other compatible uses. Said parcel contains 9.545 acres. BEACH- DISTRICT 6. The following conditions shall be required: 1. An Agreement encompassingproffers shall be recorded with the Clerk of Circuit Court. May 23, 2000 Item V-J. 7 PLANNING - 43 - ITEM # 46661 (Continued) Correspondence of May 22, 2000, from Robert d. Scott, Planning Director, has been signed by Attorney R..d. Nutter acknowledging and concurring with the provisions of said letter, stipulating Proffer No. 9 is deleted, with the following provisions being substituted, to be addressed during site plan review: Modification of the site plan to create a new drive aisle to provide access to the propertyfrom Virginia Beach Boulevard to Byrd Lane; b. Elimination of the easternmost curb cut shown on Virginia Beach Boulevard as depicted on the proffered site plan; Participation in the improvements within the southern quadrant of the Byrd Lane and Virginia Beach Boulevard intersection by performing the following at the developer's expense: extending the median east and west of Byrd Lane, installing a left-hand turn lane and providing an additional traffic signal device currently in place. Provisions of access easements to the property owners abutting on the eastern property line sufficient to satisfy their current access rights. Provision of a site plan showing reasonable internal circulation provided that the number of parking spaces on property need not be reduced below the level currently authorized by the Virginia Beach Board of Zoning Appeals. Signed Correspondence dated May 22, 2000 is hereby made apart of the proceedings. This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Two Thousand Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Margaret L. Eure, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None Councilman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), of the Code of Virginia, he is a partner in the law firm of Willcox & Savage, earning an annual income from each entity in excess of $1 O, 000, and represents Fuel Feed Plaza Home Center, Incorporated ("Fuel Feed "), which owns a Taylor's Do-it Center located on Laskin Road within approximately three miles of the proposed Lowe's Home Improvement Center. The officers of Fuel Feed have indicated their concern that the construction of the Lowe's Home Improvement Center will have a detrimental economic impact on their LasMn Road store. Councilman Harrison wished to disclose this interest and declare he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Harrison's letter of April 24, 2000, is hereby made a part of the record. May 23, 2000 Git CITY COUNCIL MAYOR .%IE YER,.I I 7CE M..t }'~ )R II'H,I,I.-IM l) SESSf),IIS..TR. ,,It-l~c .~ ~ItN' .I B.I LINWO{H) (). BK-I.Yt:If, IlL l)tstrnt 6. Htacb II'TLLL'I3] IU II.I~L~ON,.JR.. I)~trat g-Lvn,bavc, LOUIS R..7ONES, lhstm I 4-Bgvsuh' ~BA S. McCL.I.X~.IN~ D~st.ct 3-Rose ltall N~qNCY K 1~4RKER, :lt.lmrgc .4..11 t~ IA'~ II'~EKS. D~t~t~r 2-K~'mpn'dlc LF..xI. II: L /.ILL/: Y. ( RI 'Tiff Il; ~l)Gl:.'s .xMITII. of Vir inia Beach "COMMUNII¥ FOR A MFETIblff" CITY COUNCIL AGENDA May 23, 2000 II. CITY MANAGER'S BRIEFING - Conference Room - ao DRAINAGE IN THE SOUTHERN PART OF THE CITY Arthur R. Shaw, Operations Engineer, Department of Public Works REVIEW OF AGENDA ITEMS 4:00 PM III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Donald G. Wilson Bayside Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS _ May 9, 2000 AGENDA FOR FORMAL SESSION The Consent ~4genda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. PUBLIC HEARING 1. SALE OF EXCESS CITY OWNED PROPERTY: Fox Fire Subdivision ORDINANCES/RESOLUTIONS Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty- four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shall retain the right to reserve a 20' drainage and utility easement. 2. LYNNHAVEN PARKWAY, PHASE IX: Resolution re a location, design Public Hearing to request the Virginia Department of Transportation (VDOT) place the aerial utilities underground with this project. Ordinance to AUTHORIZE advance acquisition of property in fee simple for right- of-way, by purchase or condemnation, for this project. Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland Road as an underground utility corridor. AUTHORIZE the Director of Public Works to execute all necessary documents for this project. Ordinance to AMEND § 7-50 of the City Code by adding a provision pertaining to the operation of four-wheeled bicycles in the resort area (April 15 thru September 30). Ordinance to ABOLISH the Erosion Commission and REPEAL § 6 - 161 through § 6 - 165 of the Code of the City of Virginia Beach and ESTABLISH the Beaches and Waterways Advisory Commission as the successor to terminate 30 June 2005. Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right- of-way (20' alley) at 1500 Atlantic Avenue for EWALBE, L.L.C. re two (2) security gates; and, authorize the City Manager to execute the necessary documents. Ordinance to TRANSFER $3,159 from the FY 2000 General Fund Reserve for contingencies to the operating budget of the Department of Housing and Neighborhood Preservation to reimburse a city employee for legal fees and expenses incurred during the performance of official duties. Ordinance to TRANSFER and APPROPRIATE $660,535 from the General Fund Reserve for contingencies to the FY 2000 Virginia Beach Court Service Unit operating budget re Juvenile Detention Services and Group Home Services. Resolution to temporarily change the location of City Council meetings due to planned repairs and renovations of the City Council Chambers to the School Administration Building and direct the City Clerk to make the general public aware of the changes. Resolution REFERRING to the Planning Commission proposed amendments to § 111 and Article Two of the City Zoning Ordinance (CZO), establishing design and other standards for retail establishments by no later than June 17, 2000. PLANNING Application of CAVALIER GOLF AND YACHT CLUB for the discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus, containing 1.78 acres. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and abandonment of a portion of Southern Boulevard beginning at the eastern boundary of Kentucky Avenue and running in an easterly direction a distance of 725.86 feet, containing 36,293 square feet. (ROSE HALL - DISTRICT 3) Recommendation: DENIAL Application ofJERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) at 1242 North Inlynnview Road re reducing the width of an existing lot. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance re all lots have access to a public street at Lots 43A and 44A on the north side of Alberthas Drive. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL Application of MILTON A. PALMER, SR., for an expansion of a nonconforming use at 309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6) Deferred: Staff Recommendation: April 25, 2000 INDEFINITE DEFERRAL Application of JAMES M. ARNHOLD for the enlargement of a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two- story townhouse and replacement by constructing a larger three-story townhouse, containing 3,316.2 square feet. (LYNNHAVEN - DISTRICT 5) Deferred: Recommendation: March 28, 2000 APPROVAL RECONSIDERATION: Changes of Zoning District Classification (BEACH - DISTRICT 6) lost to negative vote March 7, 2000: COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Community Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC., from I-1 Light Industrial District to Conditional B-2 Community Business District on the east side of Parker Lane, beginning 150 feet more or less south of Virginia Beach Boulevard, containing 9.545 acres. Deferred: February 08, 2000 Deferred: February 22, 2000 Denied: March 07, 2000 Deferred: April 25, 2000 Deferred: May 09, 2000 Recommendation: APPROVAL, subject to considerations Application of WAWA, INC. For a Conditional Use Permit for automobile services (fuel sales) in conjunction with a convenience store located at the southwest corner of Rosemont Road and Sentara Way, containing 1.88 acres. (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL Application of SPIRIT RENT A CAR, INC., dba CARTEMPS USA for a Conditional Use Permit for a motor vehicle rental on the east side of South Independence Boulevard, north of Bonney Road Relocated (116 South Independence Boulevard, Suite # 104), containing 4.35 acres. (ROSE HALL - DISTRICT 3) Recommendation: APPROVAL 10. Application of JOHN DAVID VOGEL for a Conditional Use Permit for a recreational facility of an outdoor nature (corn maze) on the north side of London Bridge Road, east of Country Manor Lane (2400 London Bridge Road), containing l0 acres. (BEACH - DISTRICT 6) Recommendation: APPROVAL 11. Application of CAPE HENRY COLLEGIATE SCHOOL for a Conditional Use Permit for the expansion of a private school at the southeast intersection of Mill Dam Road and Woodhouse Road (1320 Mill Dam Road), containing 29.502 acres. (LYNNHAVEN - DISTRICT 5) Recommendation: APPROVAL 12. Application of the CITY OF VIRGINIA BEACH to AMEND § 401 of the City Zoning Ordinance (CZO) re permitted uses (recreational and amusement) in the AG-1 and AG-2 Agricultural Districts. Recommendation: APPROVAL APPOINTMENTS AP, TS AND HUMANITIES COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS T1LANSPORTATION DISTRICT MINORITY BUSINESS COUNCIL SOCIAL SERVICES BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS 1. ABSTRACT OF CIVIL CASES P~SOLVED - APRIL, 2000 N. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED FROM TUESDAY, JULY 4, 2000 TO: WEDNESDAY JULY 5, 2000 If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device fo:- the Deaf) 05/18/00slb AGENDA\05-23-00 www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia May 23, 2000 Mayor Meyera E. Oberndorf called to order the 'CITY MANAGER'S BRIEFING re RURAL AREA DRAINAGE in the Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 4.'00 P.M.. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Absent: William W Harrison, Jr. Nancy K. Parker A. M. "Don" Weeks [ENTERED: 4:20 P.M.] [ENTERED: 4:10 P.M.] [ENTERED: 4.'50 P.M.] Robert C. Mandigo, Jr., Councilman-Elect, Kempsville- District No. 2 and Rosemary Wilson, Council Lady - Elect, At Large, were present for both the Informal and Formal Sessions. Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order of the Eastern Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron and is hosting approximately 2, 500 attendees. -2- CITY MANAGER'S BRIEFiNG DRAINAGE IN THE SOUTHERN PART OF THE CITY 4:00 P.M. ITEM # 46621 Mark Johnson, National Pollution Discharge Elimination System Administrator - Public Works, advised the Briefing relative Drainage in the Southern Part of the City consisted of three main themes: Existing Conditions, Drainage System and Operations and Maintenance. Mr. Johnson, with the assistance of the Power Point System, depicted the existing conditions: The areas depicted in "green" are the areas of poorly drained soils. The rural area of the City is depicted as the southern portion below Indian River Road. Comparing the FEMA Flood Hazard Data Map with the Soil Survey Map, the l O0-year floodplain closely aligns with the poorly drained soils. Princess Anne Road is generally the high point. The Flood Zone reaches up to Elevation 5. The average rainfall for the City is 44 inches per year. L 0 W/FLA T a. Average Land Slope: l OO feet Horizontal: 2.5 inches Vertical Drop. b. Tide Elevations 1. I-Year Tide: 2.0 Feet M. S.L. 2. 25-Year Tide: 3.9 Feet M. S.L. 3. 50-Year Tide: 4.5 Feet M.S.L. 4. lO0-Yar Tide: 5.0 Feet M. S.L. SO UTHERN WA TERSHEDS Back Bay 1 Muddy Creek 2. Beggars Bridge Creek 3. Nanney Creek 4. Devil Creek North Landing River 1. Blackwater Creek 2. Mill Dam Creek 3. Oakum Creek 4. Walnut Creek 5. West Neck Creek 6 Pocaty Creek With the Southern Canal and Lead Ditch Restoration Study, five of these creek systems were reviewed: Mill Dam Creek, Blackwater Creek, Oakum Creek, Beggars Bridge and Nanney Creek. The main point derived was the creek systems need to be cleaned out offallen debris to allow the water to flow once the wind tides or tidal elevations drop down and the water can move into North Landing River and Back Bay. Primarily the City has an Open Ditch System with Culverts. There are veryfew pipe systems existing in the southern portion of the City. Charles Hassen, Development Services Center Co-ordinator, presented information relative Development. May 9, 2000 -3- CITY MANAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) General Comparison of the Characteristics Rural (Southern) Stormwater drainage is influenced by wind tides High percentage of low land elevations Mostly natural drainage systems with few engineered conveyance and impoundment systems Much of the land is within the floodplain Many of the drainage systems are private and controlled and maintained by agricultural activities Most of the soils are poorly drained with a high seasonal groundwater table. The area is sparsely populated with low percentages of impervious cover The drainage systems do not have the capacity to handle large storm events. As a result, flooding occurs in the floodplain Most of the sanitary sewer systems are private septic systems (conventional or land managetnenO Most of the drinking water supplies are private wells. of Rural (Southern) and Urban (Northern) Urban (Northern) Stormwater drainage is influenced by lunar tides Higher percentage of high land elevations Many drainage systems are engineered conveyance and impoundment systems with some natural systems Most of the land is outside of the floodplain Many of the drainage systems are public and controlled and maintained by the City. The soils are better drained with a lower groundwater table. The area is more densely populated with areas of high impervious cover. Many of the drainage systems have large capacities to handle large storm events Most of the sanitary sewer systems are public Most of the drinldng water supplies are public Highlights of the Agricultural District Amendments A G-2 District was created in 1979. This district preserved agricultural lands while accommodating rural development within the first 600-feet of the roadway. Agricultural Lands Area Overlay District was developed in the late 1980's. 100% of the surface water was to be retained on site. No new lots will be developed, unless an exception is provided by City Council. Agricultural Lands Area Overlay District was repealed in 1991. In 1993, an additional lot is allowed for parcels 10 acres or larger on one parcel. In 1994, the Residential Density Section was created. One unit per 15 acres is allowed to be subdivided "by right ". In 1994, the Alternative Residential Development allowed a Conditional Use Permit to be granted by City Council for development. Densities are based on soil types. In 1995, the Agricultural Reserve Program was adopted, which restricts the use of land to non-residential use. These amendments did change the pattern of rural residential development. Many of these amendments encouraged new houses to be built along existing roads while other amendments supported new narrower roads with drainage swales or ditches for clustering of new units. The boundaries would be Elbow Road, Salem Road, Landstown/Princess Anne and Sandbridge Roads. May 9, 2000 -4- CITY MANAGER'S BRIEFiNG DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) The majority of the rural or agricultural area would fall within this boundary. The dark areas on the map depicted by Mr. Hassen indicated high density. The green areas represented 2,056 parcels without structures. Many of these parcels have potential for development. Mr. Hassen displayed one area, Old Carolina Road which is an example where some individuals believe recent development may have caused drainage or flooding problems. A new resident finds standing water in the roadside ditches or on their property and expects the water to go away as it did in their last house. The individual formerly lived in the urban section of the City and is not aware of the differences between rural and urban areas. Some of these ditches will never be dry. The majority of the lots on Old Carolina Road are fairly old. The most recent lots (depicted in "brown") were created in 1994. The "green "lots were created in 1984, the "blue" lots were created in 1964 and the "purple" lots were created by deed in 1953. Development Services usually reviews only a lot grading plan relative a single-family home. Development Services makes sure the surface of the lot drains away from the house. There is much area around the house, therefore once it drains away from the house, some water will be absorbed. If the land is under cultivation, the farmers will determine how this water will leave the lot. When reviewing a land management plan, Development Services is interested in the water moving away from the house and the drainfield. Contained within the Public Works Specifications and Standards generally single family land management plans do not require stormwater management facilities as there is not increased stormwater runoff. ,4 roadside ditch which is within a public right-of-way andpart of an adequate drainage system shall be considered to be suitable outfall for land management sites and no further downstream easements will be required. All ,4G lots created now are at least one acre or three acres in size. Therefore, the small amount of impervious service is not going to significantly change the runoff from the site. Therefore, these lots should not impact our system. There is a cumulative factor. Over time, if there are many lots in the same drainage system, these will have some impact. The next slide depicted the Agricultural Reserve Program easements. On Old Carolina Road, the particular lands depicted will not have development on those sites. The Agricultural Reserve Program can avoid drainage problems. Review Considerations Existing drainage patterns Existing drainage system adequacy Size of development Types of runoff being generated (public, private or both) Type of septic system proposed Need for downstream easements (land management, storm water or both) Need for stormwater management facility Location of outfall Need for existing drainage system upgrade, improvement or maintenance Need for new drainage system Impact of proposed development on existing drainage Possible Causes of Perceived Drainage Problems Impact of new development in and around the floodplain Impact of upstream development Poorly drained soils Expectations of new residents New residents report problems that were not reported by existing residents/farmers Drainage problems previously handled by the land owner Reduced capacities of the drainage systems due to the accumulation of sediment and debris Reduced maintenance of some private ditch systems Limited maintenance of receiving systems May 9, 2000 CITY M~4NAGER'S BRIEFING DRAIN,4GE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) Relative the types of septic systems, a conventional system for well drained soils would allow a septic system to be installed with the drainfieM on a one acre piece of property. A land management system is developed on poorly drained soils. In this particular case, there would be a septic system, but surrounded by a ditch on all four sides, approximately 70feet from the druin field. This ditch draws down the surface water so it does not compete with the septic system. The land must be 3 acres in size. There are only two cities in the Commonwealth with this system: Chesapeake and Virginia Beach. Mr. Hassen advised the City is responsible for the land management to make sure this system is designed and engineered properly, so the water is moved away with the ditches at the proper slope, etc. The City is responsible if the water leaves the site and to make sure easements are obtained to allow the City, if the property owner could not, to clean out those ditches downstream as a health matter. It is up to the Health Department to be assured the septic system is installed properly. The civil inspectors review the site relative the proper installation of the ditches. Until last year, the Health Department would actually perform the soil borings and determine whether or not the soils were proper for a conventional or land management system. This past year, the State changed this regulation and allows an OSAE (licensed on-site soil evaluator) to review everything with the Health Department. The OS. dE prepares the entire plan. The City basically reviews same, but the Health Department is required to stay "hands-off". Council Lady Henley referenced the land management system approved in the early 1970's and the intent was a compromise by the State to allow some building on poorly drained soils; however, sites such as Old Carolina Road, where many lots were subdivided prior to the land management regulations, makes it difficult in a poorly drained area to make this system work. When is it the City's responsibility to correct the situation? In the "requested but not funded"portion of the budget, this drainage project, if built, was over SI-MILLION. Mr. Hassen advised some of the older lots were created prior to land management and if they are 3 acres, the staff would immediately request the Health Department for site plan approval and then determine whether they would have to have a land management system. Old Carolina Road has flooded for years. It is the responsibility of the City to maintain some level of adequacy to move the water through the City's conveyance systems. Suggested Solutions for Further Study Place a note on final subdivision plats and site plans that states the elevation of the land is low and prone to flooding. Have land owners/home buyers sign a disclaimer statement regarding the elevation of the property and the potential for flooding. Public Works/Operations and Planning/Development Services Center work closer together to identify proposed developments in areas with existing drainage problems Study all of the current City Code, Health Department Regulations and Public Works Specifications and Standards requirements regarding development in rural areas and make suggestions for improvements based on the input from City Council, Planning Commission, Agricultural Advisory Committee and staff. Additional training for staff and consultants. Determine what is reasonable in terms of requirements for developments of varying size and environmental concerns Continue current and proposed maintenance programs for existing drainage systems. Arthur R. Shaw, Operations Engineer- Public Works, emphasized the 200 miles of major ditches/canals and the 600 miles of roadside ditches concerning the Municipal Separate Storm Sewer System. May 9, 2000 -6- CITY MANAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) STORMWA TER MAINTENANCE 94-95 95-96 96-97 97-98 98-99 99-2000 Projection) Budget Total $4,745.38 $5,975,769.00 $6,131,741.00 $5,695,284.00 $6.0-6.5- Actual MILLION W.O. Received 4,145 5, 001 3, 767 3,563 5,260 W.O. 4,072 5,048 3,758 3,967 4,621 Completed Average Age 65 85 61 64 40 of Completed W.O.s °_,6 of W. O.s 36.21% 69% 66% 71o,4 Completed within 60 days Backlog W.O.s 753 874 798 690 419 750-850 at Years End .4verage 666 1,081 516 539 750 .4nnual Backlog .4verage .4ge 167 !25 174 113 85 of Backlog W. Os Number of 51 54 58 58 61 62 Employees Although, it looks like a good story, the department is merely responding to calls from the public. There is not much preventative maintenance in this program. This is simply a reactive mode. There are only a certain amount of fixed assets to accomplish work. Mr. Shaw referenced: FY 199 7-98 FY 1998-99 FY 1999-00 This is evidence of aging infrastructure. Cave-In Repairs 1,894 2,534 3,044 Storm Water Operations and Maintenance Response - Level of Service Major Tasks Current Demand/Preferred Roadside Ditches 2.26years, on average 1.5years, on average Major Off-Road Ditches 12.3 years, on average 3-10 years, on average Cave-ins 73 days, on average 60 days, on average Basin Cleaning 8. 8 years, on average 3 year, on average Pipe Cleaning 40 years (est.), on average 5 year, on average SWMF Dredging 1.4 lakes/yr, on average 6.2 lakes/yr, on average May 9, 2000 -7- CITY MANAGER'S BRIEFING DRAINAGE IN THE SOUTHERN PART OF THE CITY ITEM # 46621 (Continued) Mr. Shaw referenced the graphs entitled: Storm Water Ditch Work: July 1996- April 2000 in terms of man hours and work orders. There has been a fairly steady percentage of that work in the southern portion of the City. The southern portion of the City is receiving a fair distribution of a declining resource. Mr. Shaw displayed slides depicting ditches on Old Carolina Road installed prior to concentration of effort on the older sites. Many of these are undersized, as a poor example of an overgrown ditch on Grimstead Road off of Back Bay Landing Road. Mr. Shaw displayed a slide depicting a home on Baum Road, near the Chesapeake Line, but still in Virginia Beach, which has their septic land management system in their front yard..4 ditch cuts between their septic system and the lot line ditch, which brings the water to the road, with a ditch running down Baum Road and depicts the best of the best. It is well landscaped and totally vegetated. This is a typical land management plan where the water is brought to the edge of the road. Mr. Shaw displayed a slide depicting Mill Dam Creek where it crosses Indian Creek Road and Crags Causeway. This woody debris causes energy loss of the water, which backs up water in the roadside ditches. The City must do better about clearing the fallen vegetated debris out of these creeks. PLAN OF ACTION Develop a contract for Continuous Lead Ditch Maintenance Dedicate $75,000 a year for Storm Water Maintenance with Sheriff's Work Force Proceed with Obtaining the Necessary Permits for the Southern Canal/Lead Ditch and Culvert Improvements Project (7-024) Mr. Shaw advised, because of environmental controls, it is much more difficult for a farmer to clean his own ditches. Council Lady Henley advised a 50-year or lO0-year storm is a misnomer as they really do not happen every 50 or lOO years, but occur more frequently. The rainfall has been much higher than average the last ten years. The impact of the wind tides on these elevations is a compounding effect. Mr. Johnson advised the l O0-year floodplain is based only on a rainfall event. Based on the rain occurring over the past lO years, the staff will review their design rainstorm, add in the extra data and determine if the numbers need to be increased for the 50 and lO0-year floodplain. These can be incorporated into the standards. FEM.4 can be requested to re-evaluate the City's drainage watersheds to determine if the lO0-year floodplain needs to be adjusted. Mr. Johnson advised that information is provided to FEMA and they do the actual evaluation and establishment of the floodplain elevation. Councilman Baum complimented the excellent presentation. May 9, 2000 -8- AGENDA RE VIE W SESSION 5:02 P.M. ITEM # 46622 1.1. Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and A UTHORIZING the City Manager to convey same to the adjacent twenty-four (24) property owners, (value of the property to be determined by fair market value appraisal); the City shah retain the right to reserve a 20' drainage and utility easement. Council Lady Henley advised there would be representatives of the Fox Fire subdivision who wished to speak. ITEM # 46623 1.3. Ordinance to AMEND 3~ 7-50 of the City Code by adding a provision pertaining to the operation o f four-wheeled bicycles in the Resort Area (April 15 thru September 30). Council Lady McClanan advised she would vote NAY on this item. She was very disappointed in RAC's discussion. Council Lady McClanan advised other localities approach the regulations of these bicycles in a different manner. Vice Mayor Sessoms advised those rented on Atlantic Avenue are causingproblems throughout the area. Vice Mayor Sessoms advised even on the boardwalk these bicycles cause a problem and believed hours of operations might be a possible solution.. Councilman Jones referenced these bicycles on sidewalks and the possibility of harmingpedestrians. This item will be REMOVED from the Agenda and more comprehensively addressed. The City Staff will be requested to comprehensively review this Ordinance, encompassing the hours of operation, regulation of the number allowed for rental abuse by renters and the various locations where these particular bicycles may be operated. ITEM # 46624 1.5. Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right-of-way (20' alley) at 1500 Atlantic Avenue for EWALBE, L.L.C. re two (2) security gates; and, authorize the City Manager to execute the necessary documents Mayor Oberndorf and Council Lady Henley referenced calls of concern. Councilman Branch advised Mr. Joseph Cotton was confused relative the application. He had requested the applicant's attorney, Edward Bourdon, respond to Mr. Cotton. Councilman Branch advised there is a north/south alley and an east/west alley perpendicular on that block and they are unique in nature. These alleys actually divide the amusement area in 'half. The applicant wishes to install two gates. The alley will be closed and deeded to both property owners. This was part of the agreement. Mr. Cotton has a house on Pacific Avenue, adjacent to the east-west alley. A survey was conducted and a portion of this was determined to be on the amusement park 's property,, therefore, the 20' foot alley needs to be moved over a few feet to be totally on the public right-of-way and would be closer to Mr. Cotton's house. The access to this property will no__!t be cut off Mayor Oberndorf advised Joseph W. Cotton and Chester Rodio have registered to speak in Opposition to the Ordinance. Council Lady Parker advised Mr. Cotton's lot line is the issue. Mr. Rodio was concerned relative access to Pacific Avenue from his parking lot. Mayor Oberndorf advised there was also opposition to the Amusement Park. This item will be discussed during Formal Session and City Staff shall respond to concerns. May 23, 2000 -9- AGENDA RE VIE W SESSION ITEM # 46625 1.8 Resolution to temporarily change the location of City Council meetings due to planned repairs and renovations of the City Council Chambers to the School Administration Building and direct the City Clerk to make the general public aware of the changes. Council Lady McClanan wished to vote a VERBAL NAY on this item as she was in OPPOSITION to reducing the number of seats in the City Council Chamber. The City Manager advised they are removing two rows of 7 seats. These seats will be replaced by a staff work table, so the City staff representatives may review their planning documents. The City Manager advised the Resolution states: "That, in order to avoid a conflict with the School Board's meeting schedule, during this same period of time, City Council will not meet on the first Tuesday of the month." A BRIEFING relative the City Council Renovations shall be scheduled for the City Council Session of June 6, 2000. ITEM # 46626 Resolution REFERRING to the Planning Commission proposed amendments to o6 111 and Article Two of the City Zoning Ordinance (CZO), establishing design and other standards for retail establishments by no later than June 17, 2000. Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning Commission. The Amendment on page 4 is extremely minor and states: " t ' ' ' ... hat htgh-quahty destgn elements not addressed by the provisions of this Part shall be encouraged." This item will be discussed during the Formal Session. ITEM # 4662 7 BY CONSENSUS, the following items shall compose the CONSENT AGENDA.. ORDINANCES L 2. L YNNHA VEN PARKWA Y, PHASE IX: Resolution re a location, design Public Hearing to request the Virginia Department of Transportation (VDOT) place the aerial utilities underground with this project. Ordinance to AUTHORIZE advance acquisition of property in fee simple for right-of-way, by purchase or condemnation, for th is project. c. Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland Road as an underground utility corridor. d. AUTHORIZE the Director of Public Works to execute all necessary documents for this project. 1.4. Ordinance to ABOLISH the Erosion Commission and REPEAL 3q 6 - 161 through 3~ 6 - 165 of the Code of the City of Virginia Beach and ESTABLISH the Beaches and Waterways Advisory Commission as the successor to terminate 30 June 2005. May 23, 2000 - IO- AGENDA RE VIE I9' SESSION ITEM # 46627 (Continued) 1.6. 1.7. Ordinance to TRANSFER $3,159 from the FY2000 General Fund Reserve for contingencies to the operating budget of the Department of Housing and Neighborhood Preservation to reimburse a city employee for legal fees and expenses incurred during the performance of official duties. Ordinance to TRANSFER andAPPROPRIA TE $660,535 from the General Fund Reserve for contingencies to the FY 2000 Virginia Beach Court Service Unit operating budget re Juvenile Detention Services and Group Home Services. Resolution to temporarily change the location of City Council meetings due to planned repairs and renovations of the City Council Chambers to the School Administration Building and direct the City Clerk to make the general public aware of the changes. Council Lady McClanan will vote a VERBAL NAY on Item 1. 8. ITEM # 46628 Councilman Harrison distributed a Resolution, which he wishes to add to the Agenda; Resolution authorizing and directing the City Manager and City Attorney to take any and all actions necessary to upgrade the quality of conditions at the Resort Area; and, help City Council achieve its goal of developing the City into a World-Class Resort destination. May 23, 2000 -11- ,4 GENDA RE VIE W SESSION ITEM # 46629 J. 1 Application of CA VALIER GOLFAND YACHT CLUB for the discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus, containing 1.78 acres. (L YNNHA VEN- DISTRICT 5) Councilman Harrison advised Council Lady Eure there are no private uses on this road. Karen Lasley, Interim Zoning Administrator, advised the Yacht Club has purchased all the property. The map in City Council's agenda is old and the houses depicted are no longer in existence. There will be no property without access. The City Attorney distributed the Street Closure Ordinance, as it was not included in City Council 's package. ITEM # 46630 Application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and abandonment of a portion of Southern Boulevard beginning at the eastern boundary of Kentucky Avenue and running in an easterly direction a distance of 725. 86feet, containing 36,293 square feet. (ROSE HALL - DISTRICT 3) This item will be discussed during Formal Session, as the recommendation is for DENIAL. The City Attorney distributed the Street Closure Ordinance, as it was not ncluded tn City Counctl s package ITEM # 46631 Application of JAMES M. ARNHOLD for the enlargement qf a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker CourO, re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3,316.2 square feet. (L YNNHA VEN - DISTRICT 5) Council Lady McClanan will vote NAY on this item. ITEM # 46632 J. 7. RECONSIDERATION: Changes qf Zoning District Classifications (BEACH- DISTRICT 6) lost to negative vote March 7, 2000: COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS, L.L.C. from B-2 Communi_tv Business District to Conditional B-2 Community Business District at the Southeast intersection of Virginia Beach Boulevard and Parker Lane, containing 3.481 acres. COLLETT PROPERTIES, INC., from I-1 Industrial District to Conditional B-2 Community Business District on the East side of. Parker Lane, beginning 150feet more or less South of Virginia Beach Boulevard, containing 9. 545 acres This item shall be discussed during FORMAL SESSION. May 23, 2000 - 12- AGENDA RE VIE W SESSION ITEM # 46633 K. 8. Application of WA WA, INC. For a Conditional Use Permit for automobile services (fuel sales) in conjunction with a convenience store located at the southwest corner of Rosemont Road and Sentara Way, containing 1.88 acres. (ROSE HALL - DISTRICT 3) CounciI Lady McClanan expressed concern relative the landscaping in the Rosemont area. Attorney Edward Bourdon has assured Council Lady McClanan the applicant shall adhere to the landscaping agreed upon. ITEM # 46634 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA. Application of CA VALIER GOLF AND YACHT CL UB for th e discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus, containing 1.78 acres. (L YNNHA VEN- DISTRICT 5) Application of JERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) at 1242 North Inlynnview Road re reducing the width of an existing lot. (L YNNHA VEN- DISTRICT 5) Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance re all lots have access to a public street at Lots 43A and 44A on the north side of Alberthas Drive. (L YNNHA VEN- DISTRICT 5) Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming use at 309 Shipps Lane, containing 9,900 square feet. (BEACH- DISTRICT 6) Application of JAMES M. ARNHOLD for the enlargement ora noncon_forming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3,316.2 square feet. (L YNNHA VEN - DISTRICT 5) Application of WA WA, INC. For a Conditional Use Permit for automobile services (fuel sales) in conjunction with a convenience store located at the southwest corner of Rosemont Road and Sentara Way, containing 1.88 acres. (ROSE HALL - DISTRICT 3) Application of SPIRIT RENT A CAR, INC., dba CARTEMPS USA for a Conditional Use Permit for a motor vehicle rental on the east side of South Independence Boulevard, north of Bonney Road Relocated (116 South Independence Boulevard, Suite #104), containing 4.35 acres. (ROSE HALL - DISTRICT 3) Application of JOHN DA VID VOGEL for a Conditional Use Permit for a recreational facility of an outdoor nature (corn maze) on the north side of London Bridge Road, east of Country Manor Lane (2400 London Bridge Road), containing 10 acres. (BEACH- DISTRICT 6) May 23, 2000 - 13- AGENDA RE VIE W SESSION ITEM # 46634 (Continued) J11. Application of CAPE HENRY COLLEGIATE SCHOOL for a Conditional Use Permit for the expansion ora private school at the southeast intersection of Mill Dam Road and Woodhouse Road (1320 Mill Dam Road), containing 29.502 acres. (L YNNHA VEN - DISTRICT 5) J12. Application of the CITY OF VIRGINIA BEACH to AMEND 3~ 401 of the City Zoning Ordinance (CZO) re permitted uses (recreational and amusement) in the AG-I and AG-2 Agricultural Districts. Item J. 5. will be DEFERRED INDEFINITELY, BY CONSENT. Item J. 6. Council Lady McClanan will vote a VERBAL NA E May 23, 2000 - 14- CITY COUNCIL COMMENTS 5:25 P.M. ITEM # 46635 Vice Mayor Sessoms referenced concerns relative signs for the strawberry farms. For many years, residents have been following direction signs for strawberry picking. The City staff has conformed to the directions of City Council by picking up these signs which they deemed illegal. Vice Mayor Sessoms did not believe it was the intent of City Council for these farmers to be cited because of these temporary signs which have existed for many years during certain seasons. Vice Mayor Sessoms believes the agriculture community, with the assistance of Louis Cullipher, Director - Agriculture, could address specific recommendations relative this concept. As the Strawberry Festival, is scheduled for this weekend (May 28-29, 2000), these meetings of representatives could be scheduled after this major event. Councilman Baum advised the City staff, because of citizen complaints, had to enforce the regulations in the rural areas. Mayor Oberndorf referenced calls of concern from a farmer, Mr. Barker. BY CONSENSUS, City Council concurred representatives of the rural community with the assistance of Louis Cullipher, Director - Agriculture, shall prepare recommendations concerning temporary signs and forward to the City Council within 30 days. In the interim, the staff is requested not to remove these temporary signs in he rural area. May 23, 2000 - 15- ITEM # 46636 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 5.'35 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None May 23, 2000 - 16- ITEM # 4663 7 Vice Mayor Sessoms, entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion , consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). Boards and Commissions: Arts and Humanities Commission Hampton Roads Planning District Commission Hampton Roads Transportation District Minority Business Council Social Services Board Annual Review of Council Appointees. PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-held real property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.1-344(A)(3). To- Wit Agricultural Reserve Program - Princess Anne District (2 parcels) Property Acquisition - Lynnhaven District Centerville Distirct LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in open meetings would adversely affect the negotiating or litigatingposition of thepublic body and consultation with legal counsel employed or retained by a public body regarding specific matters requiring the provision of legal advice by such counsel pursuant to Section 2.1-344(A)(7). To- Wit: Jim Salmons t/a Salmons Farms v. City of Virginia Beach Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into CLOSED SESSION. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None (Time of Closed Session: 5:35 P.M. to 6:18 P.M.) May 23, 2000 -17- FORMAL SESSION VIRGINIA B EA CH CI T Y C 0 UN CIL May 23, 2000 6:20 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, May 23, 2000, at 6.'20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Absent: None INVOCATION: Council Member Louis R. Jones PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 4, 2000, is hereby made apart of the record. Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order oft he Eastern Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron and is hosting approximately 2, 500 attendees. May 23, 2000 Item V-E. - 18- CER TIFICA TION OF CLOSED SESSION ITEM # 46638 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE CLOSED 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 Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Beso u o CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM ii 4663 7, Page 16, 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 Closed 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 Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R/uth Hodges S~mith, MMC City Clerk May 23, 2000 - 19- Item V-F. 1. MINUTES ITEM # 46639 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of May 9, 2000. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-G.I. - 20 - ,4DOPT ,4 GEND,4 FOR FORM,4L SESSION ITEM # 46640 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORM,4L SESSION The following shah be ,4DDED TO THE.4 GEND,4: Resolution authorizing and directing the City Manager and City Attorney to take any and all actions necessary to upgrade the quality of conditions at the Resort ,4rea; and, help City Council achieve its goal of developing the City into a World-Class Resort destination. May 23, 2000 Item V-G.2. - 21 - PRESENT~4 TION ITEM # 46641 Mayor Oberndorf recognized the following Boy Scout in attendance to earn his civic badge: Ian $carboough May 23, 2000 V-Hd. PUBLIC HEARING - 22 - ITEM # 46642 Mayor Oberndorf DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY OWNED PROPERTY- FOX FIRE SUBDIVISION The following registered to speak and registered concern relative the City selling the property to only twenty-four (24) landowners as stipulated rather than all thirty-one (3!) owners of the lots adjacent to the City property: Frank Gillikin, 2756 Renaissance Way, Phone: 427-3242, represented the land owners Margaret Sullivan, President- Foxfire Civic League, 2744 Renaissance Way, Phone: 426'0662 Doug Hovermace, 2311 Esplanade Drive, Phone: 430-0668 Peter Snyder, 2760 Renaissance Way, Phone: 427-9641 Mayor Oberndorf CLOSED THE PUBLIC HEARING. May 23, 2000 - 23 - V-Io ORDINANCES/RESOL UTIONS ITEM tl 46643 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED, BY CONSENT, Items 1 (DEFERRED), 2, 4, 6, 7 and 8 of the CONSENT AGENDA. Item I was DEFERRED, BY CONSENT, until the City Council Session of June 6, 2000. Item 3 was REMOVED, BY CONSENSUS. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NA Y ltem 8. May 23, 2000 V-I. 1. - 24 - ORDINANCES/RESOLUTIONS ITEM # 46644 The Property shall only be conveyed to 24 land owners rather than the 31 owners who had petitioned the City to purchase this property. The City Manager advised the areas adjacent to seven of the lots nearest the City Park are no~t recommended as EXCESS to keep the public area as large as possible and to provide access to this public area from Esplanade Drive. The residents have been maintaining these areas as part of their yards. Council Lady Henley believed these properties should be incorporated immediately into the park, so these concerns relative overgrown areas not continue to be a problem. This DEFERRAL will enable response by Parks and Recreation Staff who were not in attendance. Information relative the acreage of the Park, the cost of the excess property and regular maintenance of the property nearest to the City Park shall be provided. Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED, until the City Council Session of June 6, 2000: Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-four (24)property owners, (value of the property to be determined by fair market value appraisal); the City shah retain the right to reserve a 20' drainage and utility easement. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 V-I.2. ORDINANCES/RESOL UTIONS - 25 - ITEM # 46645 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: L YNNHA VEN PARKWA Y, PHASE IX: Resolution re a location, design Public Hearing to request the Virginia Department of Transportation (VDOT) place the aerial utilities underground with this project. Ordinance to AUTHORIZE advance acquisition of property in fee simple for right-of-way, by purchase or condemnation, for this project. Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland Road as an underground utility corridor. AUTHORIZE the Director of Public Works to execute all necessary documents for this project. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 RESOLUTION FOR LOCATION AND DESIGN PUBLIC HEARING APPROVAL: LYNNHAVEN PARKWAY, PHASE IX WHEREAS, a Location and Design Public Hearing ("Public Hearing") was conducted on November 17, 1999, in the City of Virginia Beach by representatives of the City of Virginia Beach, after due and proper notice, for the purpose of considering the proposed location and design of Lynnhaven Parkway, Phase IX, CIP # 2-157, (VDOT Project # U000-134-V32) (the "Project") in the City of Virginia Beach, at which drawings and other pertinent information were made available for public inspection in accordance with state and federal requirements; WHEREAS, all persons and parties in attendance were afforded full opportunity to participate in said Public Heating; WHEREAS, representatives of the Virginia Department of Transportation were present and participated in said Public Hearing; WHEREAS, the Council had previously requested the Virginia Department of Transportation to program this Project; WHEREAS, the City of Virginia Beach has, on this date, passed an ordinance designating Lynnhaven Parkway between Lishelle Place and Holland Road as an underground utility corridor and providing that all new utility facilities installed within the Lynnhaven Parkway right-of-way shall be placed underground; and WHEREAS, the Council has considered all such matters. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The location and major design features of this Project, as presented at the Public Hearing, are hereby approved; 2. The Virginia Department of Transportation is hereby requested to acquire all rights- of-way necessary for this Project, and to convey said rights-of-way to the City at the appropriate time; 3. The Virginia Department of Transportation is hereby requested to place the aerial utilities underground with this Project; and 4. The Director of Pubic Works is hereby authorized to execute, on behalf of the City of Virginia Beach, all necessary utility agreements required in conjunction with acquiring such rights-of-way. May Adopted by the Council of the City of Virginia Beach, Virginia, on this__23 day of ., 2000. CA7709 F:\DataLATYXOrdin\NONCODE\Lynnhaven Pkwy Phase IX.res.wpd R-4 - May 15, 2000 APPROVED AS TO CONTENTS: [~bepa/~~~ APPROVED AS TO LEGAL SUFFICIENCY: City Attorney s Office~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 AN ORDINANCE TO AUTHORIZE ADVANCE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR LYNNHAVEN PARKWAY, PHASE IX (CIP 2-157) VDOT #U000- 134-V32, BY AGREEMENT OR CONDEMNATION WHEREAS, on February 10, 1998, City Council adopted a resolution requesting the Virginia Department of Transportation to shift the alignment to the west to design and construct this project; WHEREAS, the additional design for dual left lanes on Lynnhaven Parkway at South Lynnhaven Road intersection severity impacted Parcel "EI" (801 Kimbleton Court) owned by Debra E. Morelli and Parcel "EJ" (800 Kimbleton Court) owned by Louis H. and June Klag (the "Owners"); WHEREAS, Virginia Code § 33.1-91 authorizes the acquisition of these parcels because the damage to the parcels will approximate the value of the property; WHEREAS, the Owners have requested the City to acquire (Total takes) of their property with this project; WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public necessity exists for the construction of this important roadway project and intersection improvements and the acquisition of these parcels, in order to provide transportation and for other public purposes for the preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the City of Virginia Beach: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the City Council authorizes the acquisition by purchase or condemnation, pursuant to §§ 15.2-1901 et seq., Code of Virginia of 1950, as amended of all that certain real property in fee simple known as Parcels "EI" and "EJ" as shown on the Location Map entitled, "LOCATION MAP FOR LYNNHAVEN PARKWAY, PHASE IX, CIP #2-157", this Location Map being on file in the City Engineer's Office of the Department of Public Works, Virginia Beach, Virginia. Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the Owners or persons having an interest in the property. If refused, the City Attorney is hereby authorized to institute proceedings to condemn said property. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day 1 of .,2000. 2 3 4 5 CA7710 F :\DatakATYkOrdin\NONCODEkKimbleton Court.ord.wpd May 10, 2000 R-1 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney's Office 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ESTABLISH THE LYNNHAVEN PARKWAY RIGHT-OF-WAY BETWEEN LISHELLE PLACE AND HOLLAND ROAD AS AN UNDERGROUND UTILITY CORRIDOR WI-IEREAS, the Lynnhaven Parkway Phase IX Project, CIP # 2-157 (the "Project"), has been approved by City Council in order to widen the current section of roadway between Lishelle Place and Holland Road; WI-IEREAS, the City of Virginia Beach also wishes to improve the safety and aesthetics of the Project limits; WHEREAS, City Council previously requested the Virginia Department of Transportation to program this Project into its Six-Year Improvement Plan; WHEREAS, the Virginia Department of Transportation has adopted a policy to pay 50% of the additional costs to relocate existing overhead private utility lines underground, which requires the City to adopt an ordinance to establish the limits of underground utility districts, corridors or areas; 11 12 13 14 15 WHEREAS, City Council has already enacted requirements through the City's site plan and 16 subdivision ordinances that require new development to place new utility lines underground; and 17 WHEREAS, City Council has appropriated sufficient funding, through the City of Virginia 18 Beach Capital Improvement Program, to pay the City's share of the estimated cost to relocate 19 existing overhead utility lines underground. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 1. The Lynnhaven Parkway right-of-way between Lishelle Place and Holland Road is 23 hereby designated as an underground utility corridor and all new utility facilities installed within the 24 Lynnhaven Parkway right-of-way shall be placed underground; and 25 2. The Director of Public Works is hereby authorized to execute an agreement with the 26 Virginia Department of Transportation and the utility owners within the Lynnhaven Parkway right- 27 of-way for the necessary utility relocations. 23 28 29 of May Adopted by the Council of the City of Virginia Beach, Virginia, on this ~ day ,2000. 30 CA7711 31 F:\Data\ATY~OrdinLNONCODE\Underground Utility Corridor. ord.wpd 32 May 15, 2000 33 R-2 34 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL 36 /~.~~ 37 ~ty Attorney s Office /5~Department Works LYNNHAVEN MALL PARCEL Ct~ LOCATION MAP SCALE: 1"" 2,640' (801 Denotes displacements of homes at project cost Denotes homes at 801 and 800 Kimbleton Court LOCATION MAP LYNN HAVEN PARKWAY CIP -//'2-157 SCALE: 1" -- 900' FOR PHASE IX PREPARED BY P/W ENG. DRAFT. 1/15~8 REVISED 12/17/98, 3~1/00 PROJECT LOCATION AND DESIGN RESOLUTION WHEREAS, a Citizen InFormation Meeting was conducted August 14, 1996 in the City of V~ Beach by representatives of the Virl~inia Department of Transportation at~er duo and proper notice for tho purpose of considering the proposed improvements to Lymdmven Parkway, Phase IX, VDOT Project # U000-134-V32, (CIP 2-157) in the City of Virginia Bench, nt which drawings nnd other pertinent information were made available' for public.review; and ~fIHi'.i~K~.t~, nil pel~on~ and parties in attendance were afforded full opportunity to participate in said Citizen Information Meeting; nnd representatives of the VirF, inia Department of Trnnsportntion were present and participated in said meeting; and WHEREAS, the City Council has considered all such matters; now THKRKFORE, BE IT RESOLVED tlmt the Council of the City of Virginia Beach requests the VirF, inia Department of Transportation pursue the attached design "Option C" of Lynnhaven Parkway that removes ns many residential driveway conflicts as possible. Adopted this lo day of Febrva, rl~98, City of Virginia Beach, Virginia. ATTEST: APPROVED A3 TO LEGAL SUFFIC - 26- V-I.3. ORDINANCES/RESOL UTIONS ITEM # 46646 BY CONSENSUS, City Council REMOVED FROM THE AGENDA: Ordinance to AMEND 3~ 7-50 of the City Code by adding a provision pertaining to the operation of four-wheeled bicycles in the resort area (April 15 thru September 30). This item will be REMOVED from the Agenda and SCHEDULED for a future City Council Session. The City Staff shall comprehensively review this Ordinance, encompassing the hours of operation, regulation of the number allowed for rental, abuse by renters and the various locations where these particular bicycles may be operated. May 23, 2000 -27- V-I.4. ORDINANCES/RESOL UTIONS ITEM # 46647 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ABOLISH the Erosion Commission and REPEAL 3~ 6- 161 through 3~ 6 - 165 of the Code of the City of Virginia Beach; and, ESTABLISH the Beaches and Waterways Advisory Commission as the successor to terminate 30 June 2005 Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William I~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O AN ORDINANCE TO ESTABLISH THE BEACHES AND WATERWAYS ADVISORY COMMISSION WHEREAS, on several occasions during the past few years, members of City Council have suggested that it would be beneficial to establish a separate Council-appointed agency to advise the Council on policy and program issues related to the City's beaches and waterways; WHEREAS, Manager appointed advantages in furtherance of this suggestion, the City a policy development group to evaluate the and disadvantages of such an agency, identify alternative courses of action, and make recommendations regarding the course of action it deemed to be in the best interests of the City; and WHEREAS, in a Policy Report presented to City Council, as well as a Council briefing held on April 25, 2000, the policy development group recommended the establishment of a new Council- appointed commission whose purpose would be to serve as a successor to the Erosion Commission, to review beach and waterway-related issues referred to it by City Council, and to make recommendations to City Council regarding such issues. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby abolishes the Erosion Commission. 2. That §§ 6-161 through 6-165 of the Code of the City of Virginia Beach pertaining to the Erosion Commission are hereby repealed. 3. That City Council hereby establishes the Beaches and Waterways Advisory Commission (the "Commission") as the successor 31 to the Erosion Commission. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 4. That the Commission shall be comprised of seven (7) members, with one (1) member being appointed by City Council from the residents of each of the City's seven (7) election districts. 5. That the initial terms of the members appointed from the Bayside, Beach and Centerville districts shall be for three (3) years; the initial terms of the members appointed from the Kempsville and Lynnhaven districts shall be for two (2) years; and the initial terms of the members appointed from the Princess Anne and Rose Hall districts shall be for one (1) year. Thereafter, the terms of all such members shall be for three (3)years. 6. That the purpose of the Commission shall be to serve in an advisory capacity to City Council with respect to beach and waterway-related issues. Specifically, in furtherance of said purpose, it shall be the responsibility of the Commission: a. To review issues referred to it by City Council concerning access to, and the preservation, development and use of, the City's beaches and waterways, and to make recommendations to City Council regarding such issues; and b. To serve as the City's local erosion advisory commission and carry out the responsibilities imposed on such local commissions pursuant to § 10.1-711 of the Code of Virginia. 7. That the Commission shall be governed by its bylaws, a copy of which is attached hereto as Exhibit A, and incorporated by reference. 8. That the Commission shall terminate automatically at midnight on June 30, 2005, unless terminated or extended by City Council prior to that date. '000~ ' A~l ~o X~p g~ ~M~ uo '~UT6CTA 'Mo~ ~TUT6CTA ~o X~TD ~M~ ~o I~ounoo ~M~ Xq p~dopv O9 EXHIBIT A BYLAWS BEACHES AND WATERWAYS ADVISORY COMMISSION ARTICLE I NAME The name of the commission shall be the Beaches and Waterways Advisory Commission. ARTICLE II PUReOS_.___E_E The purpose of the Commission shall be: To review issues referred to it by City Council concerning access to, and the preservation, development and use of, the City's beaches and waterways, and to make recommendations to the City Council regarding such issues. To serve as the City's local erosion advisory commission and carry out the responsibilities imposed on such local commissions pursuant to § 10.1-711 of the Code of Virginia. ARTICLE III MEMBERS Section 1. Number. The Commission shall be comprised of seven (7) members, with one (1) member being appointed by City Council fi.om the residents of each of the City's seven (7) election districts. Section 2. Term. The initial terms of the members appointed from the Bayside, Beach and Centerville districts shall be for three (3) years; the initial terms of the members appointed from the Kempsville and Lynnhaven districts shall be for two (2) years; and the initial terms of the members appointed from the Princess Anne and Rose Hall districts shall be for one (1) year. Thereafter, all members shall be appointed for a term of three (3) years. In accordance with § 2-3 of the City Code, no member shall be appointed to serve more than three (3) consecutive three-year terms. All initial appointments shall commence on the same date. Section 3. Qualifications. Each member must be a resident of the district from which he or she is appointed. The appointees shall have knowledge and experience concerning beach and waterway- related issues. Section 4. Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote of the Commission and shall serve for a term of one (1) year. The Chair (or Vice-Chair in the Chair's absence) shall preside over all meetings of the Commission. The Chair and Vice-Chair may be re-appointed for additional terms. Section 5. Attendance. Attendance records shall be kept at each meeting of the Commission and an annual report of the attendance of the members shall be filed with the City Clerk by June 30 of each year for review by City Council. No member shall accumulate an annual total of more than three (3) absences (or be absent fi.om more than one-fourth of the total number of meetings). If this limitation is exceeded for reasons other than personal illness, death, or other unusual circumstances, the appointment shall be terminated automatically, or as otherwise prescribed by law. Members shall be paid $50.00 for each meeting attended. Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, or otherwise shall be filled by City Council for the unexpired term thereof, or in the case of an expiration, for three (3) years, within thirty (30) days of said vacancy. ARTICLE IV MEETINGS Section 1. Regular meetings. The Commission shall meet at least once a month at a time and location to be determined by the Chair upon consultation and coordination with the other members. Section 2. Special meetings. A special meeting may be called by the Chair or three (3) members of' the Commission, or may be convened by City Council, to consider any matter that, in the determination of the Chair, the members, or the City Council, needs to be addressed prior to a regular meeting. Section 3. Requirements. A majority of Commission members shall be present in order for any official action to be taken. All actions of the Commission shall be conducted at a regular or special meeting and shall require a majority vote of those members present. ARTICLE V REPORTS Section 1. Annual report. Within forty-five (45) days of the end of the fiscal year, the Commission shall prepare, and submit to City Council, an annual report of its activities, recommendations, and proposals, including a financial statement, if applicable. Interim reports to City Council may be provided when deemed appropriate or necessary by the Commission or the Council. Section 2. Requirements. All reports shall be approved by a majority of the members of the Commission. In any report to the Council, the Commission shall identify any conflicts that its report may have with the proposals and/or recommendations of other City agencies. -2- ARTICLE VI COORDINATION Section 1. City departments. The CommiSsion shall work with and through the Department of Public Works (the" ,, · Department ) which shall, in close cooperation with the City Manager's Office, be responsible for coordinating the efforts of the Commission with other City departments, boards, and commissions to (1) ensure that there is no unnecessary duplication of efforts; (2) enable the Commission to review the proposals and recommendations of such other City departments, boards and commissions for compatibility (or incompatibility) with Commission objectives; and (3) enable such other City departments, boards and commissions to review and provide comments on Commission-generated proposals and recommendations. Section 2. Other agencies. The Conunission and the Department shall make a special effort to establish open lines of communication with other agencies involved in the review of beach and waterway-related issues. ARTICLE VII COMMITTEES The Chair of the Commission shall have the authority to appoint committees, comprised of members of the Commission and non-members with special expertise, to study and review specific areas of concern and to report back to the full Commission for such action as the Commission may deem appropriate. ARTICLE VIII -AMENDMENTS No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective without the prior consent of City Council. ARTICLE IX _TERMINATION The ConrmisSion shall terminate automatically at midnight on June 30, 2005, unless terminated or extended by City Council prior to that date. These Bylaws [as amended] are hereby adopted as of this day of the Council of the City of Virginia Beach, Virginia. ~ ,2000, by F:~'Data~ATY~Ordin\NONCODE~B&W Bylaws-4-2000.wpd -3- - 28 - V-I. 5. ORDINANCES/RESOL UTIONS ITEM it 46648 Attorney R.E. Bourdon, Pembroke one, Fifth Floor, Phone: 499-8971, advised the application is only relative two (2) security gates, which traverse the applicant 's property. These portions of the alley will be for pedestrian access. This application does not refer to the alley which separates Mr. Rodio 's property to the north. The following registered in OPPOSITION: Chester Rodio, 206 16th Street, Phone: 428-0048, owner of parcel of property from Atlantic Avenue down 16th Street, comprising approximately 200feet. Joseph tV. Cotton, 3952 Oak Ridge Circle, Phone: 428-2930 Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council ADOPTED: Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right-of-way (20' alley) at 1500 Atlantic Avenue for EIVALBE, L.L.C. re two (2) security gates; and, authorize the City Manager to execute the necessary documents. The following conditions shall be required.': The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval as to size, alignment and location. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. The applicant shall indemnify and hoM harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. No permission or authority is given to the applicant 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 any one other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works for final approval. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. Prior to issuance ora right-of-way permit, the applicant must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. May 23, 2000 V-I. 5. ORDINANCES/RESOL UTIONS - 29 - ITEM # 46648 (Continued) 10. 11. The applicant must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additionally named insured or loss payee, as applicable. The applicant also agrees to carry comprehensive general liability insurance in an amount not less than $500,000, combined single limits of such insurance policy orpolicies. The applicant will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. The temporary encroachment must conform to the minimum setback requirements, as established by the City. The city, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any mannerprovided by law for the collection of local or state taxes; may require the applicant to remove the temporary encroachment; and pending such removal, the city may charge the applicant for the use of the encroachment area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time ordered herein above by the Agreement, the city may impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that the temporary encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None This item was MOVED AFTER the Planning Application of Charles G. & Susan L. Barker (Item J. 2.), in order for the Attorney and the registered speakers to confer relative clarification of the item. May 23, 2000 2 3 4 5 6 8 9 10 11 12 13 14' 15 16 17 18 19 2O 21 22 23 24 25 26 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF A 20' ALLEY BY EWALBE, L.L.C., ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, EWALBE, L.L.C., desires to construct and maintain security gate and walkway into the City's right-of-way known as a 20' alley located in Block "B" at 1500 Atlantic Avenue. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended EWALBE, L.L.C. its heirs, assigns and successors in title is authorized to construct and maintain a temporary encroachment for two security gates in the City's right-of-way as shown on the map entitled: "CONCEPT PLAN OF AMUSEMENT PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1" 20' · DATE-1' 16'2000", a copy of which is attached; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and EWALBE, L.L.C., (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 27 28 29 30 31 day of BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as EWALBE, L.L.C. and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 ,2000. 32 33 CA- PREPARED: April 20, 2000 APPROVED AS TO C~ONTENTS SIGNATURE z DEPARTMENT APPROVED AS TO LEGAL CITY ATTORNEY ITE SCALE 1".1600' LOCATION MAP LOCATION MAP FOR RIGHT OF WAY ENCROACHMENT FOR EW^LBE L.L.C. FOR ^ SECURITY FENCE IN THE 20' ALLY AT THE PROPOSED AMUSEMENT PARK AT 15th STREET SCALE:I' -- 200' PREPARED BY V1RGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 l(a)(3) AND 58. I-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 between the THIS AGREEMENT, made this ti day of ~t'lD(~ , 20 ~7), by and ! CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and EWALBE, LLC ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Amusement Park ~ 15TM Street" and being further designated and described as LOTS 7 TO 14 BLK B- 1500 Atlantic Avenue- LOTS 15 TO 22 BLK B. Virginia Beach, Virginia 23451; and That, WHEREAS, it is proposed by the Grantee to construct and maintain two security gates and pedestrian walkway, "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as a 20' Alley "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee GPIN 2427-16-957i & 2427-16-8417 permission to use The Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the 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's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on that certain plat entitled: "CONCEPT PLAN OF AMUSEMENT PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1" - 20' · DATE = 1' 16'2000", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from The Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses'of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 2 It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within The Encroachment Area. It is further expressly understood and agreed that prior to issuance ora right of way permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the Office of Development Services Center/Planning Department. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the 3 cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said EWALBE, LLC has caused this Agreement to be executed in its corporate name and on its behalf by its managing partner, and its corporate seal to be hereto affixed and duly attested by its corporate secretary with due authority by its board of directors. 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. 4 CITY OF VIRGINIA BEACH (SEAL) ATTEST: By City Manager/Authorized Designee of the City Manager City Clerk EWALBE, LLC Edward A. Tebele Managing Partner STATE OF VIRGINIA CITY OF VIRG1NIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 , by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY/C(][1Olx~Y OF VIRGINIA BEACH , to-wit: The foregoing instrument was acknowledged before me this llth April LLC. day of: ,2000, by EDWARD A. TEBELE, MANAGING PARTNER on behalfofEWALBE, My Commission Expires: August 31, 2002 - ' '- "lqot~v) iSublifi ' APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORNEY APPROVED AS TO CONTENT CITY REAL ESTATE AGENT - 30- V-I. 6. ORDINANCES/RESOL UTIONS ITEM # 46649 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $3,159 from the FY 2000 General Fund Reserve for Contingencies to the operating budget of the Department of Housing and Neighborhood Preservation to reimburse a city employee for legal fees and expenses incurred during the performance of official duties. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $3,159 FROM THE FY 2000 GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2000 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE OF REIMBURSING A CITY EMPLOYEE FOR LEGAL FEES AND EXPENSES 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 WHEREAS, an employee of the Department of Housing and Neighborhood Preservation was charged with assault for actions arising out of the performance of her official duties; WHEREAS, at a trial held in the Virginia Beach General District Court on January 31, 2000, the charge was dismissed; WHEREAS, in her defense of said charge, the employee incurred legal fees and expenses in the amount of $3,159, and has requested the City to reimburse her for such fees and expenses; WHEREAS, Section 15.2-1521 of the Code of Virginia provides that "[i]f any officer or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, or the charge is subsequently dismissed, or upon trial he is found not guilty, the governing body of the locality may reimburse the officer or employee for reasonable legal fees and expenses incurred by him in defense of the investigation or charge, the reimbursement to be paid from the treasury of the locality"; and WHEREAS, the City Attorney's Office has reviewed the circumstances of this case, assessed the itemized bill submitted by the employee's legal counsel, and determined that the legal fees and expenses incurred by the employee are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That funds in the amount of $3,159 are hereby transferred from the FY 2000 General Fund Reserve for Contingencies to the FY 2000 34 35 36 37 38 39 4O Operating Budget of the Department of Housing and Neighborhood Preservation for the purpose of reimbursing a City employee for legal fees and expenses incurred by her in her defense of a criminal charge brought against her arising out of the performance of her official duties. Adopted by the City Council of the City of Virginia Beach on this 23 day of May , 2000. 41 42 43 44 CA-7623 DATA/ORDIN/NONCODE/Employee Reimbfee.ORD May 15, 2000 R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL. SUFFICIENCY: - 31 - V-LT. ORDINANCES/RESOL UTIONS ITEM # 46650 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER and APPROPRIATE $660,535 from the General Fund Reserve for Contingencies to the FY2000 Virginia Beach Court Service Unit operating budget re Juvenile Detention Services and Group Home Services. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 4 5 6 7 AN ORDINANCE TO FULLY FUND REQUIRED JUVENILE SECURE, NON-SECUREAND OUTREACH DETENTION, AND GROUP HOME SERVICES BY TRANSFERRING APPROPRIATIONS OF $660,535 FROM THE GENEP~AL FUND RESERVE FOR CONTINGENCIES TO THE FY 2000 VIRGINIA BEACH COURT SERVICE UNIT OPEP_ATING BUDGET 8 WHEREAS, uncontrollable trends will create a deficit in the 9 Virginia Beach Court Service Unit's FY 2000 Operating Budget for usage of 10 secure, non-secure and outreach detention services, and community-based 11 treatment services for juveniles under their supervision that are ordered 12 by the Virginia Beach Juvenile and Domestic Relations District Court; 13 WHEREAS, to prevent the deficit, the Virginia Beach Court 14 Service Unit has requested that City Council provide additional funding 15 in the amount of $660,535 to 16 appropriations are available in 17 Contingencies to meet these needs. meet these increased needs, and the General Fund Reserve for 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 That $660,535 of previously appropriated funds are hereby 21 transferred from the General Fund Reserve for Contingencies to the FY 22 2000 Operating Budget of the Virginia Beach Court Service Unit for the 23 purpose of fully funding required juvenile secure, non-secure and 24 outreach detention, and group home services. 25 26 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of M~y , 2000. 27 Requires an affirmative vote by a majority of the members of City Council. 28 CA-7708 29 F:~Data\ATY\Ordin\NONCODElgroup home services.ord.wpd 30 May 17, 2000 31 R-3 32 33 Approved as to Content: 34 3 6 Management Services Approved as to Legal Sufficiency: City Attorney's Office Rev. Gerald O. Glenn DIRECTOR COMMONWEALTH o[ VIRQINIA Department of Juvenile Justice Second ludicial ~istrict Court Service Unit Bruce E. Brisht COURT SERVICES DIRECTOR MAILING ADDRESS: 2305 Judicial Blvd. Building 10-A Virginia Beach, Virginia :23456-9052 (757) 427-4361 Fax: (757) 42.6-5628 SERVING: Virginia Beach TO: FROM: RE: Date: James Spore, City Manager .- Bruce Bright, Court Service Unit Directo,,,.z_.. ~-,-'6a... ,5 Supplemental Appropriation for Juvenile Detention and Group Home Services May 18, 2000 To help distinguish this agenda request fi.om the CSA agenda request in March, I offer the following explanation. The Comprehensive Services Act (CSA) agenda request included supplemental money for both mandated (Social Services) and non-mandated (mostly Juvenile Court) cases. This pool of money is for children or juveniles that need special services (usually psychiatric services that often includes a residential treatment placement). This service may be for children (as well as juveniles) who are in foster care under the care of the Department of Social Services or for juveniles who are before the court on some type of charge. Last year the CSA budget for court cases (non-mandated) was committed when the fiscal year started because of the number of juveniles who were already in placement when the fiscal year began. There was also a shortage of money for DSS due to new Medicaid regulations. In summary the CSA supplement in March was to continue to fund juveniles who were court ordered into special residential placements and other in-home services and to fund a shortage of money for children in foster care also receiving special services or placements. The majority of money was for non-mandated cases. CSA money is not used for juveniles being held in secure or non-secure detention while they are waiting for their trial. No part of the CSA money is used to fund local group homes operated by the Tidewater Regional Group Home Commission. The current request for additional appropriations of $660,535 is needed to fund different types of services than CSA services. These are court-ordered services to be provided to juveniles under supervision of the Court Service Unit that are awaiting trial and for some juveniles found guilty of criminal or non-criminal status offenses (e.g. truancy, curfew violation). These services include secure, non-secure outreach detention and group home services for juveniles awaiting trial and group home services for juveniles after they are found guilty and sentenced by the Court. Juveniles posing the highest risk of danger to themselves and the community are placed in secure detention primarily at the City of Chesapeake's Tidewater Detention Home. Infrequently, other secure detention homes are used for juveniles when arrested out of town and detained for our court. Recently, the City of Chesapeake notified the Court Service Unit that it will be imposing a 51 per day usage quota on Virginia Beach to alleviate the severe crowding that has occurred. You may have seen an article on this in the newspaper. The average daily usage for the Court Service Unit for FY 1999-00 was 62 per day. Juveniles posing less of a risk of danger to themselves and the community are held in shelter care or non-secure detention at the Virginia Beach Crisis Home or Salem House, which are operated by the Tidewater Regional Group Home Commission. Juveniles presenting the least amount of danger to themselves and the community are allowed to live at home and are placed on outreach detention using Challenge Outreach and/or Electronic Monitoring programs operated by the Tidewater Regional Group Home Commission. Some juveniles who are found guilty are placed in other local group homes operated by the Commission with the expectation that we will be able to stabilize these juveniles with the goal of returning the juveniles to their parents. Will building and operating our own detention home keep this problem fi.om happening again? Is this problem preventable? The new local detention home will have its own budget and will somehow deal with crowding when it happens, through their own budget. In other words, the demand for services and cost will not go away nor decline, but will be shifted to another City budget. The use of programs provided by the Tidewater Group Home Commission and others providing alternatives to detention will continue to occur after the Virginia Beach Detention Center is operational. Rate increases for Tidewater Regional Group Home Services have and are anticipated to occur. The demand for and usage of all of these services are driven by the philosophies of the Court and the community in response to different criminal and non-criminal behaviors among juveniles. Predicting the amount of usage has been difficult for the Court Service Unit. By placing additional funds in a detention reserve for contingency account, the City has been able to fund the increasing usage of these services. - 32 - V-I.& ORDINANCES/RESOL UTIONS ITEM # 46651 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to temporarily change the location of City Council meetings due to planned repairs and renovations of the City Council Chambers to the School Administration Building and direct the City Clerk to make the general public aware of the changes. Voting: 10-1 (By Consent) Council Members Voting Aye: dohn A. Baum, Linwood O. Branch, III,, Margaret L. Eure, William Harrison, ,Ir., Barbara M. Henley, Louis R. done& Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir and A.M. "Don" Weeks. Council Members Voting Nay: Reba S. McClanan Council Members Absent: None May 23, 2000 1 2 3 4 5 A RESOLUTION TO TEMPORARILY CHANGE THE LOCATION OF CITY COUNCIL MEETINGS DUE TO PLANNED REPAIRS AND RENOVATIONS OF THE CITY COUNCIL CHAMBERS 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 WHEREAS, Section 2-20 of the City Code provides that ~[r]egular formal meetings of the council shall be held in the Council Chambers of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on the first and second Tuesdays of each month at 2:00 p.m. and on the fourth Tuesday of each month at 6:00 p.m., unless such date shall fall upon a legal holiday, in which case the meeting shall be held on the next succeeding day which is not a holiday and at the same hour, except as otherwise provided by special resolution of the council"; WHEREAS, the Council Chambers will be undergoing repairs and renovations from July 15 through October 31, 2000; and WHEREAS, these repairs and renovations will necessitate a temporary change in the location of Council meetings. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That due to planned repairs and renovations of the City Council Chambers, from July 15 through October 31, 2000, regular formal meetings of City Council shall be held in the School Board Chambers of the School Administration Building located in the Municipal Center at 2512 George Mason Drive; 2. That, in order to avoid a conflict with the School Board's meeting schedule, during this same period of time, City Council will not meet on the first Tuesday of the month; and 3. That the City Clerk is hereby directed to take adequate measures to ensure that the general public is made aware of these temporary changes. 32 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of May , 2000. CA-7674 ODIN~NONCODE\ccmtgres.wpd PREPARED: May 17, 2000 R2 APPROVED AS TO CONTENT: General Services APPROVED AS TO LEGAL SUFFICIEN~ City's Office - 33 - V-I. 9. ORDINANCES/RESOL UTIONS ITEM # 46652 Councilman Harrison referenced questions raised by the business community and if these were considered during the formulation of this proposed Ordinance: Page 6, Line 174 (fiat roofs and HVAC equipmenO: If the retail establishment is within 300 feet of a public street, Item (2) in Subparagraph (b) is fine; however, if the retail establishment is more than 300feet from a public street, why should not this be an exemption? Page 9, Sec. 246 (a) (2) (Shopping Center Site LayouO. Comments have been made as this section is too restrictive on out-parcel parking. This green space surrounding the out-parcel may force the developers to move their buildings all the way to the back of the lot. It leaves too much unbuildable space on an out-parcel. Page 10, Line 295, the parking is permitted to be reduced 4 spaces per 1,000 square feet in establishments 80, O00 feet or greater. The majority of retailers require 5 spaces per 1,000. Council Lady Eure advised the item relative out-parcel parking was thoroughly discussed by the Review Committee. Representatives of the business community were in attendance. Council Lady Eure referenced the request of Pembroke Enterprises that Malls be exempted from this ordinance. This information has been forwarded to City Staff Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning Commission. The Amendment on page 4 is extremely minor and states: "...that high-quality design elements not addressed by the provisions of this part shall be encouraged. ". Council Lady McClanan was concerned relative positive standards being addressed for large retail establishments. The City needs to go forward not backward. An outline of the concerns shall be forwarded to the Planning Commission. Robert Scott, Director of Planning, advised the concerns will be reviewed. Upon motion by Council Lady Eure, seconded by Council Lady Parker, City Council ADOPTED, with revisions to the proposed Ordinance: Resolution REFERRING to the Planning Commission proposed amendments to 3~ 111 and Article Two of the City Zoning Ordinance (CZO), establishing design and other standards for retail establishments by no later than June 17, 2000. Voting: 11- 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and A.M. "Don" Weeks. Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 A RESOLUTION REFERRING TO THE PLANNING COMMISSION PROPOSED AMENDMENTS TO SECTION 111 AND ARTICLE TWO OF THE CITY ZONING ORDINANCE, ESTABLISHING DESIGN AND OTHER STANDARDS FOR RETAIL ESTABLISHMENTS WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, proposed amendments to Section 111 and Article Two of the City Zoning Ordinance, establishing design and other standards for retail establishments. A true copy of such proposed amendments is hereto attached. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Planning Commission be, and hereby is, directed to transmit to the City Council its recommendations concerning the aforesaid amendments by no later than June 17, 2000. 21 22 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 23 day of May , 2000. 23 24 25 26 CA-00-7714 wmm~ordres~retailestab.res R-1 May 16, 2000 APPRQVED AS4~9,.CONTENT Pla~~ APPROVED AS TO LEGAL 1 2 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE AMENDING SECTION 111 AND ARTICLE TWO OF THE CITY ZONING ORDINANCE, ESTABLISHING DESIGN AND OTHER STANDARDS FOR RETAIL ESTABLISHMENTS Section Amended: City Zoning Ordinance Section 111 Sections Added: City Zoning Ordinance Sections 243, 244, 245, 246, 247, 248 and 249 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 111 of the City Zoning Ordinance be, and hereby is, amended and reordained, and Article 2 of the City Zoning Ordinance be, and hereby is amended and reordained by the addition of a new Part D thereto, consisting of Sections 243, 244, 245, 246, 247, 248 and 249, to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec. 111. Definitions. Retail establishment. Any building used for the display and sale of merchandise to the general public at retail. Shopping center. A group of two (2) or more retail or other commercial establishments, including those located on outparcels, having any or all of the following characteristics: (a) (b} The establishments are connected by party walls, partitions, canopies or similar features; Some or all of the establishments are located in separate buildings which are designed as a single commercial group sharing common parking areas and vehicular ways and which are connected by walkways or other access ways; 32 (c) The establishments are under the same management or 33 34 35 36 37 38 39 40 41 42 43 44 45 (d) association for the purpose of enforcing reciprocal agreements controlling management or parking; or are structurally The establishments integrated fashion around or along designed in an the sides of a promenade, walkway, concourse or courtyard. COMMENT The CZO currently does not contain a formal definition of the term "retail establishment." The amendment corrects that omission. The amendment also defines the term "shopping center." ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS [PART] D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND SHOPPING CENTERS 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 Sec. 243. Findings of fact; intent. The City Council finds that: (1) while retail establishments, whether in the form of single establishments or shopping centers, are critical to the continued economic vitality of the City and to the well-being of its citizens, they can also have significant aesthetic, economic, traffic-related and other impacts upon the community; because the viability of retail establishments depends in large part upon high visibility from public streets and location in busy areas of the City, their building and site design has an especially significant impact upon the character and attractiveness of the City in general and its streetscapes in particular; 2 62 63 64 65 66 67 68 69 7O 71 72 73 74 75 (3) the protection and enhancement of the positive aesthetic qualities of the City, includinq its commercially developed areas, has a direct and substantial bearinq upon its continued economic vitality, especially in liqht of the City's reliance upon the economic benefits provided by its tourism industry; and (4) as noted by the Virqinia General Assembly, th~ visual environment confronted by individuals in their daily routines has a profound effect on personal attitudes and productive capacities. (b) It is the intent of the City Council in adoptinq this Part to promote retail development which utilizes hiqh-quality desiqn and buildinq features in such manner as to enhance th~ 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O functional, as well as aesthetic, attributes thereof, and thereby to protect and enhance the continued positive economic development of the City, its businesses and its citizens. COMMENT This section sets forth findings of fact and the intent of the City Council in adopting the following provisions. Sec. 244. Applicability; rules of construction; modifications. (a) The provisions of this Part shall apply to the construction of new retail establishments, includinq conversions of other uses to retail use, and to additions or expansions of existinq retail establishments where the qross square footaqe of floor area thereof is increased by fifty per cent (50%) or more. (b) The requirements of this Part shall be in addition to all other applicable ordinances, requlations and requirements, and to the extent that any provision of this Part conflicts with 91 92 93 94 any other ordinance, regulation or requirement, the provision of this Part shall control. (c) The use of the word "shall" denotes a mandatory requirement. The use of the word "should" denotes a voluntary 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 provision; provided, however, that when any proposed retail establishment or shopping center requires the approval of the City Council, whether by rezoning, conditional zoninq or conditional use permit, the City Council shall, in determining whether or not to grant such approval, consider the extent to which the proposed retail establishment or shopping center conforms to the voluntary provisions of this Part; and provided further, that high-quality design elements not addressed by the provisions of this Part shall be encouraged. (d) The Planning Director is hereby authorized to allow modifications of the requirements of this Part where such modifications: (e) (1} are demonstrably necessary by reason of the unusual shape, size, confiquration or other site conditions of the property on which a retail establishment or shopping center is souqht to be located; and (2) do not substantially reduce the overall quality of the proposed development. Nothinq in this section shall impair the riqht of any proper party to apply to the Board of Zoning Appeals for a variance from any of the provisions of this Part. COMMENT The provisions of this section: (a) state the circumstances in which the ordinance applies; 4 120 121 122 123 124 125 126 127 128 129 (b) set forth the rules for resolving potential conflicts between the provisions of the ordinance and other provisions of the CZO; (c) voluntary); distinguish the meaning of the words "shall" (i.e., mandatory) and "should" (i.e., (d) state that, when a proposed retail development or shopping center which requires City Council approval, one of the factors the City Council is to consider is the extent to which the proposed development conforms to the voluntary provisions of the ordinance; (e) authorizes the Planning Director to modify the requirements of the ordinance under certain specified conditions; and (f) preserves the right of appeal to the BZA in proper cases. 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 Sec. 245. Buildinq desiqn. The followinq buildinq desiqn features shall apD1Y to retail establishments and shoppinq centers which are subject to the provisions of this Part: (a) Facades and exterior walls (1) Buildinq facades visible from a public street and qreater than one hundred fifty (150) feet in lenqth, measured horizontally, should incorporate wall plane projections or recesses having a depth of at least three (3) feet; (2) Buildinq fronts and sides of buildinqs oriented toward a public street should incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest; (3) Facades not facinq public streets should incorporate a repeatinq pattern that includes changes in color, texture and material, each of which should be inteqral parts of the buildinq and not superficially-applied trim, qraphics, or paint. At least one of the foreqoinq elements should repeat horizontally. In addition, the structural 5 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 (b) or architectural bay pattern of the buildinq should be expressed on the exterior throuqh the use of reveals, projectinq ribs or offsets at a minimum depth of twelve (12) inches; (4) Facades not visible from a public street or from ~ private internal street or way used by the public should be painted a coordinatinq color to complement the front and side facades~ and (5) In areas of the City characterized by urban-type development, such as the Pembroke Town Center and Oceanfront Resort Area, developers are encouraqed to reduce the footprint of larqe retail establishments throuqh the use of multiple levels. Roofs (1) Variations in roof lines should be accomplished throuqh the use of overhanginq eaves, parapets, pop outs, entrance features or heiqht variations. Th~ (2) front of the buildinq should incorporate at least one three dimensional feature. Flat roofs and all rooftop equipment such as heatinq, ventilation, and air conditioning (HVAC) units shall be concealed from typical street level view by the use of parapets or other means. Parapets should feature three-dimensional cornice treatment, rather than two-dimensional superficial treatment. Materials and Colors (1) Exterior buildinq materials for all portions of ~ buildinq should be of hiqh quality and should 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 (d) exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials should (3) include any combination of brick, wood, stone, or tinted and textured concrete masonry. Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior buildinq materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of hiqh quality. Facade colors for all portions of the buildinq should be of low reflectance and of neutral or earth tone, rather than primary, colors. Building trim and accent areas may feature briqhter colors, includinq primary colors. Entr3~ways Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which should incorporate two or more of the following features: (2) (3) (7) (S) Canopies or porticos; Overhanqs; Recesses or projections; Arcades; Raised corniced parapets over entranceways; Peaked roof forms; Arches; Outdoor patios; 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 (e) (9) Display windows; (10) Architectural details such as tile work or moldings integrated into the building structure and design; or (11) Integral landscaped areas or places for sitting. Outdoor Display Areas, Vending Machines and Ground Leve7 Mechanical Equipment (1) All outdoor display areas, including garden centers and any seasonal sales, shall be enclosed on all sides with high-quality fencing. Chain-link fences are strongly discouraged. All outdoor display areas shall be designated on the site plan and shall not extend into parking areas. (2) Vending machines shall not be visible from a public street. If vending machines are present, building facades should include an area screened from public (3) streets but visible to security personnel. Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless such location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants, such as wax myrtle or leyland cypress, having good screeninq characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the City's Landscaping, Screening and Buffering Specifications and Standards, be maintained at all times in good 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 condition and shall not be trimmed to a height lower than the mechanical equipment they screen. (f) Liqhtinq (1) Outdoor liqhtinq fixtures should be coordinated a~ to style, material and color. Neutral and earth tone colors of liqhtinq fixtures are encouraged. Lighting throuqhout the site should overlap, creatinq an even level of illumination throughout the parkinq area. The use of pedestrian level liqhting should be used alonq pedestrian walkways. COMMENT This section sets forth design standards for buildings which are subject to the ordinance. Particular areas which are addressed include, facades and exterior walls, roofs, materials and colors, entryways, outdoor display areas, vending machines and ground-level mechanical equipment and lighting. Sec. 246. Site desiqn. The following site design characteristics shall apply to retail establishments and shopping centers which are subject to the provisions of this Part: (a) Shoppinq Center Site Lavout (1) Buildings on shopping center outparcels shall be located so as to encourage pedestrian traffic and highlight architectural details of the buildings. No parking shall be permitted on outparcel sites between such buildings and public streets. (2) Subject to the provisions of subdivision (b) (1), in shopping centers exceedinq five (5) acres in size, there shall be no buildinqs, parkinq surfaces or other above-qround imDrovements, except a~ specified herein, within thirty (30) feet of a public street. The area within such setback shall 9 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 (b) contain a heavily-landscaped berm havinq a minimum heiqht of three (3) feet measured from the level of the abuttinq public street. The Planninq Director may allow a reduction in setback to no less than ten (10) feet, provided that heavy landscapinq and other features, such as brick walls, are located so as to reduce the visual impact of the parkinq lo~ from the abuttinq public street. Parkinq (1) Vehicular parkinq areas should be distributed around at least three (3) sides of retail buildinqs in order to reduce the overall scale of the paved parkinq surface. Vehicular circulation systems providinq access to parkinq areas shall be desiqned to reduce the potential for vehicular conflicts to a minimum. (4) Adequate stackinq for vehicles shall be provided at the access points from parkinq areas. The use of alternative porous pavement finishes is encouraged. In order to encouraqe the provision of site amenities, in any retail establishment or shopping center containinq at least eiqhty thousand (80,000) square feet of retail space, parkinq may be reduced to one (1) space for every two hundred fifty (250) square feet if pedestrian walkways meetinq the requirements of subdivision (5) are provided throuqh the parkinq area. 10 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 (5) For any retail establishment or shoppinq center containinq at least eighty thousand (80,000) square feet of retail space, pedestrian walkways shall provide access from the parkinq area to the primary buildinq in such manner that pedestrians using walkways will be required to traverse the vehicular parkinq aisle to the minimum extent possible. Such walkways shall be located so that no customer entrance is farther than one hundred (100) feet from the nearest walkway. Walkways shall b~ landscaped and be readily distinquishable from drivinq surfaces where they traverse such surfaces throuqh the use of durable, low-maintenance surface materials such as pavers, bricks, scored concrete or similar architectural treatments. (c) Buildinq Entrances. Where possible, multiple entrances to buildinqs should be utilized in order to reduce the walkinq distance from cars and to facilitate pedestrian and bicycle access from public streets and sidewalks. (d) Pedestrian Access (1) Sidewalks shall be located alonq public riqhts-of- way in accordance with Department of Public Works Enqineerinq Specifications and Standards. (2) Connectinq internal pedestrian walkways, no less than five (5) feet in width, shall be provided from the public sidewalk or riqht-of-way to the principal customer entrance of all anchor tenant buildinqs on the site. Outparcels shall be 11 328 connected to each other, to the main shopping 329 330 331 332 333 334 335 336 337 338 3'39 340 341 342 343 344 345 346 347 348 349 35O 351 352 353 354 355 356 (3) (4) center and to the public sidewalk system by pedestrian walkways. In addition, walkways shall connect focal points of pedestrian activity such as, but not limited to, transit stops, street. crossinqs, buildinq and store entry points, and parkinq areas. The walkways should feature adjoininq landscaped areas that include trees, shrubs, benches, flower beds, qround cover or similar materials to enhance the appearance of the walkway areas. Such landscaping shall be credited toward the parkinq lot landscaping requirements of Section 5A of the Site Plan Ordinance. Clear siqht lines allowinq for good natural surveillance and adequate liqhtinq shall be incorporated. Landscapinq alonq the walkways shall be maintained at no more than three (3) feet in heiqht or limbed up to at least seven (7) feet in order to avoid visibility obstructions. Entrances shall include weather protection features such as awninqs or arcades havinq a width at least. double that of the doorways over which they are located. Ail internal pedestrian walkways shall be distinquished from drivinq surfaces throuqh the use of durable, low maintenance surface materials such as pavers, bricks, scored concrete or other architectural treatments to enhance pedestrian safety and comfort. 12 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 (e) (5) Provision of bicycle racks is encouraqed. Bicycle racks shall be in a well-lighted area and placed in a location visible from the entrance and parking area. Central Features and Community Spaces (1) Shopping centers and retail establishments should offer attractive and invitinq pedestrian scale features, spaces and amenities. If served by mass transit, transit stops and drop-off/pick-up points shall be inteqrated into the site so as to provide a high deqree of convenience and efficiency. Pedestrian ways should be anchored by special desiqn features such as towers, arcades, porticos, pedestrian light fixtures, planter walls or other architectural elements that define circulation ways (2) and outdoor spaces. Retail establishments containinq one hundred thousand (100,000) square feet or more of gross square footage and shopping centers containinq five (5) acres or more of land area shall provide at least two (2) of the followinq features: (A) Patio/seating area; (B) Pedestrian plaza with benches; (C) Window shoppinq walkway; (D) Outdoor playqround area; (E) Kiosk area; (F) Water feature or stormwater manaqement facility with amenities such as fountains, 13 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 4O0 401 402 403 404 405 406 407 408 409 410 411 412 413 414 benches, walkinq trails, pedestrian furnitur~ or lighting~ (G) Clock tower; (H) Outdoor sculpture; or (I) Any other focal feature or amenity which, in the judqment of the Planninq Director, provides an equivalent benefit. All such features and community spaces shall connect to internal or public walkways and, if present, to the bikeway network, and shall be constructed of materials of at least equal quality to that of the principal materials of the buildinq and landscape. COMMENT This section contains standards for site design. Particular elements which are addressed are shopping center site layout, parking, building entrances, pedestrian access, and central features and community spaces. Sec. 247. Landscapinq and bufferinq. The followinq provisions shall be in addition to all other City landscapinq provisions: (a) Any loadinq dock within view of a residential, office or apartment zoninq district or a public street shall be screened by a landscaped berm or a solid wall with landscapinq on the outside. (b) Sites with existinq trees and veqetation alonq street frontaqes should, where desirable, retain such features and inteqrate them into the landscape plan for the site. (c) To the qreatest extent possible, no less than twenty- five per cent (25%) of trees shall be everqreen species. (d) To the greatest extent possible, plantinq pits shall be backfilled with thirty-six (36) inches of topsoil to provide the most conducive qrowinq environment for new landscape plantinq. 14 415 416 417 (e) To the greatest extent possible, landscape islands shall be designed so that shrubs or trees are not located on the edges of the island. 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 COMMENT This section provides for landscaping and buffering requirements for retail developments and shopping centers. The requirements of this section are additional requirements which supplement, rather than supplant, other City landscaping provisions. Sec. 248. Stormwater Manaqement Facilities. (a) On-site stormwater management ponds in a prominent locatio~ should be attractively-landscaped amenities. Wetlands benching, fountains, and the incorporation of walking trails and pedestrian benches around the perimeter of the ponds ar~ encouraged. Lighting of such areas for purposes of enhancing safety is also encouraged. (b) The use of chain link fencing to enclose stormwater management ponds is strongly discouraged. (c) Where feasible, stormwater management systems shall utilize existing regional stormwater management facilities. COMMENT Thissectionsets~rthrecommendations~ron-sitestormwater managementponds. Sec. 249. Siqnaqe. (a) The style, size, color, and material of all signs on a shopping center should be coordinated to include signs for any outparcel development, on-site directional signs, and signs to b~ located on buildings. Colors and materials should be similar to those used on the primary building or buildings. Signs should be primarily of neutral or earth-tone colors, and primary colors should be limited to accents. 15 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459. 460 461 462 463 464 465 466 467 468 (b) Notwithstandinq any other contrary requlation, a minimum of seventy-five (75) square feet of shrubbery, flower beds, trees or other plants, consistinq of at least fifty per cent (50%) everqreens, shall be required at the base of freestandinq siqns identifyinq shoppinq centers. (c) As an alternative to the siqns allowed pursuant to the applicable zoning district requlations, buildings having facades qreater than two hundred (200) feet in length may have one (1) identification sign no larqer than one (1) square foot in size for every linear foot of facade, to a maximum of three hundred (300) square feet, on the facade of the building havinq the qreatest lenqth, provided that no more than three (3) other directional or informational siqns are placed on the buildinq. Directional or informational siqns shall not exceed one and one-half (1-1/2) feet in heiqht and shall be limited in combined area to ten per cent (10%) of the area of the buildinq facade siqn. COMMENT This section sets ~rth recommendations and requirements ~r signs. The provisions of this section supersede other sign regulations which conflict with those of this section. Adopted by the City Council of the City of Virginia Beach on this the day of , 2000. CA-00-7610 wmm\ordres~retaildesignordin.wpd R-7 May 22, 2000 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 469 470 Planning Department City Attorney 16 Item V-J. - 34- PLANNING ITEM it 46653 1. CAVALIER GOLF AND YACHT CLUB STREET CLOSURE 2. CHARLES G. & SUSAN L BARKER STREET CLOSURE 3. JERROLD L. MILLER VARIANCE 4. BRENDA CUFFEE & ALBERT ROWSEY~, VARIANCE 5. MIL TON A. PALMER, SR. NON-CONFORMING USE 6. JAMES M. ARNHOLD NON-CONFORMING USE 7. COLLETT PROPERTIES, INC. AND COLLE TT CHESAPEAKE PARTNERS, L.L. C. AND, COLLETT PROPERTIES, INC. RECONSIDERATION (CHANGES OF ZONING) 8. WA tVA, INC. CONDITIONAL USE PERMIT 9. SPIRIT RENT A CAR, INC. d/b/a CAR TEMPS USA CONDITIONAL USE PERMIT 10. JOHN DA VID VOGEL CONDITIONAL USE PERMIT 11. CAPE HENRY COLLEGIATE SCHOOL CONDITIONAL USE PERMIT 12. CITY OF VIRGINIA BEACH SECTION 401 CZO Re Permitted Uses (recreational and amusement in the AG-1 and AG-2 Agricultural Districts) May 23, 2000 - 35- Item V-J. PLANNING ITEM # 46654 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1, 3, 4, 5 (DEFERRAL) 6, 8, 9, 1 O, 11 and 12 of the PLANNING BY CONSENT. Item J. 5. was DEFERRED INDEFINITELY, BY CONSENT. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan VOTED A VERBAL NAY on Item 6 (JAMES M. ARNHOLD) May 23, 2000 -36- Item V-~.I. PLANNING ITEM it 46655 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Ordinance upon application of CA VALIER GOLF AND YACHT CLUB for the discontinuance, closure and abandonment of a portion of Cardinal Road: Application of Cavalier Golf and Yacht Club for the discontinuance, closure and abandonment of a portion of Cardinal Road beginning at the northern boundary of Starling Court and running northwesterly to its terminus. Said parcel is variable in width and contains 1.78 acres. (L YNNHA VEN - DISTRICT 5). The following conditions shall be required: A public utilities easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of and improvements to utilities within the right-of-way can be achieved. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council. Copies of the policy are available in the Planning Department. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of approval by City Council. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS THE NORTHERNMOST PORTION OF CARDINAL ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED: "PLAT SHOWING PORTION OF CARDINAL ROAD TO BE CLOSED" DATED MAY 30, 1996, PREPARED BY GALLUP SURVEYORS & ENGINEERS, LTD., COPY OF WHICH IS ATTACHED HERETO AS "EXHIBIT A." WHEREAS, on May 23, 2000, Cavalier Golf & Yacht Club applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said street be discontinued, closed, and vacated, subject to certain conditions having been met on or before November 20, 2000; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed and vacated, subject to certain conditions being met on or before November 20, 2000; That certain undeveloped street situated in the City of Virginia Beach, Virginia, known as the northernmost portion of Cardinal Road ("60 foot Right-of-Way"), commencing at the intersection of Cardinal Road, Starling Court and North Oriole Drive and running in a northerly direction through the property of the Cavalier Golf & Country Club to the Clubhouse. Said parcel designated as "Parcel 10" and "60 foot Right-of-Way" as shown on that certain plat entitled 'Boundary Survey for Cavalier Birdneck Land Corporation" recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 131, at page 24, and being 60 feet in width and approximately 1300 feet in length, comprising 77,565 square feet. GPIN: SECTION II The following conditions must be met on or before November 20, 2000: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. A public utilities easement, satisfactory to Public Utilities, must be recorded to ensure that maintenance of and improvements to utilities within the right-ofway can be achieved. 4. The applicant is required to verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no other private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 180 days of approval by City Council. If not, the approval will be considered null and void. 2000, this Council. SECTION III 1. If the preceding conditions are not fulfilled on or before November 20, Ordinance will be deemed null and void without further action by the City 2. If all conditions are met on or before November 20, 2000, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor." 2 day of Adopted by the Council of the City of Virginia Beach, Virginia, on this 23 /~ay ,2000. CA-7645 01/27/00 F:\Data~ATY~Fom~s\Dceds~STCLOSUXWORK1NG\ca7645.ord APPROVED AS TO LEGAL SUFFICIENCY Law Department 3 Item V-J.2. PLANNING -37- ITEM # 46656 Attorney David A. Miller, Jr., 3003 Lynnhven Parkway, Phone: 498-3424, represented the applicant Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council ALLOWED WITHDRAWAL of the Ordinance upon application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and abandonment ora portion of Southern Boulevard: Application of Charles G. Barker, Jr., and Susan L. Barker for the discontinuance, closure and abandonment of a portion of Southern Boulevard beginning at the eastern boundary of Kentucky Avenue and running in an easterly direction a distance of 725. 86feet. Said parcel is 50 feet in width and contains 36,293 square feet. ROSE HALL - DISTRICT 3 Mr. Robert Scott, Director of Planning, advised there is a 42-inch water line underneath this street, through which approximately one-half of the City's treated water flows. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members' Voting Nay: None Council Members Absent: None May 23, 2000 - 38- Item V-J.3. PLANNING ITEM # 46657 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Application of JERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) re reducing the width of an existing lot: Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for derrold L. Miller. Property is located at 1242 North Inlynnview Road (GPI N #1498-46- 5206). L YNNHA VEN - DISTRICT 5 Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. 3/1. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 - 39- Item V-J. 4. PLANNING ITEM # 46658 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance re all lots have access to a public street: Appeal to Decisions of Administrative officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Brenda Cuffee and Albert Rowsey. Property is located on the north side of Alberthas Drive on Lots 43A and 44A (GPIN #1487-88-07301; #1487-88-1707) L YNNHA VEN - DISTRICT 5 The following condition shall be required: 1. The applicant shall adhere to theplan approved for Lot 45-A by City Council on August 26, 1997. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 - 40- Item V4.$. PLANNING ITEM # 46659 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITEL Y, the Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming use Request for an expansion of a non-conforming use on the west side of Shipps Lane, north of Virginia Beach Boulevard. Property is located at 309 Shipps Lane and contains 9, 900 square feet. BEACH- DISTRICT 6. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-d. 6. - 41 - PLANNING ITEM # 46660 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the application of JAMES M. ARNHOLD for the enlargement ora nonconforming use: Resolution upon application of James M. Arnhold for the enlargement of a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414 Spinaker CourO, re demolition of the existing two-story townhouse and replacement by constructing a larger three-story townhouse, containing 3, 316.2 square feet. L YNNHA VEN- DISTRICT 5 The following conditions shall be required: The structure, as enlarged, shall conform to the plans and specifications exhibited to the City Council on the date of adoption of this resolution, which plans and specifications are on file in the Department of Planning. o That the proposed shake siding shall be of a color matching, to the greatest extent possible, the majority of the siding on the existing townhouses on Spinnaker Court. 3. The brick veneer shall, to the greatest extent possible, match the brick on the existing townhouses on Spinnaker Court; and The windows on the front facade must be single-pane, without dividing mullions, similar to the windows for the rear facade as depicted on the submitted plans. Voting: 10-1 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Reba S. McClanan Council Members Absent: None May 23, 2000 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 2414 SPINNAKER COURT (LYNNHAVEN DISTRICT) 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 WHEREAS, James M. Arnhold (hereinafter the "Applicant") has made application to the City Council for authorization to demolish an existing townhouse and to reconstruct a larger townhouse on the same site, situated on a certain lot or parcel of land having the address of 2414 Spinnaker Court, in the Lynnhaven District; and WHEREAS, said property lies within the B-4 Resort Commercial Zoning District; and WHEREAS, pursuant to Section 105(d) of the City Zoning Ordinance, the proposed enlargement of the Applicant's townhouse is unlawful in the absence of a resolution of the City Council authorizing the enlargement of such townhouse upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed townhouse, as enlarged, will be equally appropriate to the District as is the existing townhouse. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement of a nonconforming use be, and hereby is, approved, upon the following conditions: 1. That the structure shall conform to the plans and specifications exhibited to the City Council on the date of adoption of this resolution, and which plans and specifications are on file in the Department of Planning; 31 32 33 34 35 36 37 38 39 2. That the proposed shake siding shall be of a color matching, to the greatest extent possible, the majority of the siding on the existing townhouses on Spinnaker Court; 3. The brick veneer shall, to the greatest extent possible, match the brick on the existing townhouses on Spinnaker Court; and 4. The windows on the front facade shall be single- pane, without dividing mullions, similar to the windows on the rear facade as depicted on the submitted plans. 4O 41 the 23 Adopted by the Council of the City of Virginia Beach on day of May , 2000. 42 43 44 45 CA-00-7648 wmordres ~arnholdncuse. res R-2 May 15, 2000 APPROVED AS TO LEGAL SI"IFFIC]~I3NC'Y~Jd~/~ ~' ~,~~~ Depar[rr~t of Law ' - 42 - Item V-J. 7 PLANNING ITEM # 46661 Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 518-3200, represented the applicant and advised the changes to the application providing over 21,000 square feet of landscaping on the eastern site and perimeter of the site in excess of the current City requirement. Attorney Nutter advised signing correspondence dated May 22, 2000, acknowledging and concurring with the provisions to be addressed during site plan review process. Chris Wellman, Site Development Manager - Lowes, advised they will be strong supporters of the Virginia Beach community and Charties. Pastor Tommy Taylor, London Bridge Baptist Church The following registered in OPPOSITION Cliff Love, 2605 Thirza Place, Phone: 481-6449, concerned relative health of Lynnhaven River. Joe Taylor, Vice President- Taylors Do It Center, 1232 Bluebird Drive, Phone: 491-9000. Statement of Mr. Taylor regarding big box retailers is hereby made a part of the record. Connie Bowen, owner - Cape Henry Hardware 2108 East Admiral Drive, Phone: 481-1827, presented petitions in Opposition, which are hereby made a part of the record. Vonda Dunn, 2929 Summerhaven Road, Phone: 496-6911 J. E. Weirich, 1508 Back Cove Road, Phone: 481-0421 Upon motion by Councilman Branch, seconded by Councilman Weeks, City Council ADOPTED Ordinances upon application of COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETT PROPERTIES, INC. for Conditional Changes of Zoning (lost to a negative vote March 7, 2000): ORDINANCE UPONAPPLICATION OF COLLETTPROPERTIES, INC. AND COLLETT CHESAPEAKE PAR TNERS, L.L. C FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM B-2 TO CONDITIONAL B-2 Z05001167 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA AND, Ordinance upon application of Collett Properties, Inc. and Collett Chesapeake Partners, L.L.C. for a Change of Zoning District Classification from B-2 Community Business District to Conditional B-2 Community Business District on certain property located at the southeast intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497- 84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85- 8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for retail, office and other compatible uses in accordance with other Plan policies. Said parcel contains 3.481 acres. BEACH - DISTRICT 6. ORDINANCE UPON APPLICA TION OF COLLETT PR OPER TIES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM I- 1 TO CONDITIONAL B-2 Z05001168 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Collett Properties, Inc. for a Change of Zoning District Classification from 1-1 Light Industrial District to Conditional B-2 Community Business District on certain property located on the east side of Parker Lane beginning at a point 150feet more or less south of Virginia Beach Boulevard (GPIN #1497-84-3855, #1497-84-8654, #1497-84-5907, #1497-84- 7994). The proposed zoning classification change to Conditional B-2 is for community business land use. The Comprehensive Plan recommends use of this parcel for light industrial, business parks and other compatible uses. Said parcel contains 9.545 acres. BEACH - DISTRICT 6. The following conditions shall be required: 1. An Agreement encompassingproffers shall be recorded with the Clerk of Circuit Court. May 23, 2000 Item V-J. 7 PLANNING - 43 - ITEM # 46661 (Continued) Correspondence of May 22, 2000, from Robert J. Scott, Planning Director, has been signed by Attorney R..J. Nutter acknowledging and concurring with the provisions of said letter, stipulating Proffer No. 9 is deleted with the followingprovisions being substituted, to be addressed during site plan review: Modification of the site plan to create a new drive aisle to provide access to the propertyfrom Virginia Beach Boulevard to Byrd Lane; b. Elimination of the easternmost curb cut shown on Virginia Beach Boulevard as depicted on the proffered site plan; Participation in the improvements within the southern quadrant of the Byrd Lane and Virginia Beach Boulevard intersection by performing the following at the developer's expense: extending the median east and west of Byrd Lane, installing a left-hand turn lane and providing an additional traffic signal device currently in place. d. Provisions of access easements to the property owners abutting on the eastern property line sufficient to satisfy their current access rights. Provision of a site plan showing reasonable internal circulation provided that the number of parking spaces on property need not be reduced below the level currently authorized by the Virginia Beach Board of Zoning Appeals. Signed Correspondence dated May 22, 2000 is hereby made apart of th e proceedings. This Ordinance shall be effective in accordance with Section 107 O0 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Two Thousand Voting: 8-3 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: Margaret L. Eure, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None Councilman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), of the Code of Virginia, he is a partner in the law firm of Willcox & Savage, earning an annual income from each entity in excess of $1 O, 000, and represents Fuel Feed Plaza Home Center, Incorporated ("Fuel Feed"), which owns a Taylor's Do-it Center located on LasMn Road within approximately three miles of the proposed Lowe's Home Improvement Center. The officers of Fuel Feed have indicated their concern that the construction of the Lowe's Home Improvement Center will have a detrimental economic impact on their Laskin Road store. Councilman Harrison wished to disclose this interest and declare he was able to participate in the transaction fairly, objectively and in the public interest. Councilman Harrison's letter of April 24, 2000, is hereby made apart of the record. May 23, 2000 MAY-22-00 !6:26 From:MAYS VALENTINE VABCH 7575183210 T-lg4 P,02/03 Job-4T7 City o£ Virgi-aia Bo-ach ~Pa,~TM~NT OF PLANNIN~ May 22, 2000 R. J. NuRer, Attorney at Law MAY & VALENTINE 4525 Corporation Lane, Suite 420 Virginia Beach, VA 23462 Dca~ RI: 'I3.i$ is to tbllow up ()ur phone conversation of today concerning the Collett Properties rezoning to be heard by City Council tomorrow. I have spoken wiflx Les Lilley, City Attorney, about this matter and our concern centers on Proffer No. 9 recently submitted by you. Although I think we agree on the intent of this new Proffer, it is our feeling that the Profiler, a.~ submitteel, ia an imperfect expre,:sian of that understanding and that your letter of clarification, though well intentioned, is insufficient to cure fl~c problem. Les and I believe that thc inte,~dexi requirements of Proffer No. 9 are best addressed through the site plan review process. Therefore, we are recommending to Council that Proffer No. 9 be deleted from the proffer agreement. Further, ! am writing to advise you that among other matters to b~ considered in the site plan review process, the City will require the following provisions during site pla~ review of the Low~'a project. All these provisions can be addressed during site plan review without further modification to the sit~ plan by City Council: 1. Modification of the site plan to create a new drive aisle Io provide access to the property from Virginia Beach Boulevard to Byrd Lane; 2. Elimination of' the eastermnost curb cut shown on Virginia Beach Boulevard as depicted on the proffered site plan; MAY-22-00 16:26 From:MAYS VALENTINE VABeH 7575183230 T-194 P.03/03 Job-4?? I,ET'I'ER: RJ N UTI'ER May 22, 2000 PAGE 2 Participation in the improvements within the southern qlmdrant of the Byrd Lane and Virginia Beach Boulevard intersection by performing the following at developer's expense: extending the median east m~d west of Byrd Lane, installin8 a lea-hand turn lane and providing an additional traffic signal light oriented m a southemly direction to be attached to the traffic signal device currently in place. 4. Provisions o£ access easements to thc property owners aburting on the eastern property line sufficient to satist~, their current access rights, Provision ora site plan showing reasonable internal circulation provided that the number of parking spaces on property ne:cd not b~ reduced below the level currently authorized by th~ Virginia Beach Board of Zoning Appeals. Naturally, theae gpe¢itie items are intended aa a substitute for the removal of Proffer No, 9 and the remaining Proffers, including the new traffic signal at Parker l..ane referred to in Proffer No. 8, are not affected by this modification. As you know, our statI' recommendation on this issue is dependent upon a satisfactory solution to this set of issues. If you would indicate your m3knowledgment of and concurrerme with the above provisions, then I would think that the staff concerns have been ~tisfactorily met. Shw. erely, Rob¢~ J. Seo{~ Plamfing Director RJS:jms c: James K. Spore, City Managcr Les Lilley, City Attorney Aeknowh:dgnlcn[ of and coqcurrence provisions ofthit letter Item V-J. 8 - 44 - PLANNING ITEM # 46662 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the application of WA WA, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF WA WA, INC., A PENNSYLVANIA CORPORATION, FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SERVICES (FUEL SALES) R05003042 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wawa, Inc., a Pennsylvania Corporation for a Conditional Use Permit for automobile services (fuel sales) in conjunction with a convenience store on certain property located at the southwest corner of Rosemont Road and Sentara Way (GPIN Parts of #1487-61-3955, #1487-61-4854, #1487-61-3786). Saidparcel contains 1.88 acres. ROSE HALL - DISTRICT 3. The following conditions shall be required: Site layout and landscaping shall conform with the site plan entitled "WAWA STORE Rosemont Road & Sentara Way, Virginia Beach, Virginia, Site Plan 033000-1, "prepared by W.P. Large, Inc. and dated 30 March, 2000; provided, however, that the plan shall be brought into conformance with minimum parking lot landscaping requirements, which may reduce the 59 parking spaces currently depicted on the plan to serve the Wawa site. Minor adjustments in site layout required duringfinal site plan review shall not be permitted to reduce the total amount of green space depicted on the plan. Any variance to foundation landscaping requirements shall require that the required foundation plantings be added to the street frontage and/or stormwater management areas depicted on the plan. Architectural design, materials and colors shall conform with the submitted photo renderings and elevations, as described in the report and on file with the Department of Planning. The property shall be resubdivided as indicated on the submittted site plan, and reciprocal cross-access and ingress/egress easements shall be recorded for the benefit of this use and the existing restaurant site to the south. On-site lighting shall be provided in such a way as to provide over-lapping coverage of all parking areas, entrances and gas pumps. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Two Thousand May 23, 2000 - 45 - Item V-J. 8 PLANNING ITEM # 46662 Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-d. 9. - 46- PLANNING ITEM # 46663 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of SPIRIT RENT A CAR, INC., dba CARTEMPS USA for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF SPRINT RENT A CAR, INC., dba CARTEMPS, USA FOR A CONDITIONAL USE PERMIT FOR A MOTOR VEHICLE RENTAL OPERATION) R05003043 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Sprint Rent A Car, Inc., dba CARTEMPS, USA for a Conditional Use Permit for a motor vehicle rental operation on the east side of South Independence Boulevard, north of Bonney Road Relocated (GPIN #1477-43-7489). Said parcel is located at 116 South Independence Boulevard, Suite #104, and contains 4.35 acres ROSE HALL - DISTRICT 3 The following conditions shall be required: No more than fifieen (15) rental motor vehicles shall be allowed on the site at any time and the vehicles shall be parked in the rear of the building. 2. There shall be no on-site washing or detailing of any motor vehicles. 3. There shall be no on-site maintenance of any motor vehicles. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-J. IO. -47- PLANNING ITEM # 46664 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of JOHN DA VID VOGEL for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JOHN DA VID VOGEL FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN 0 UTDOOR NATURE (CORN MAZE) ) R05003044 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of John David Vogel for a Conditional Use Permit for a recreational facility of an outdoor nature (corn maze) on the north side of London Bridge Road, east of Country Manor Lane (GPIN #2405-91-4155). Saidparcel is located at 2400 London Bridge Road and contains 10 acres (3 acres will be used for the corn maze). BEACH - DISTRICT 6. The following conditions shall be require& 1. Hours of operation shah be limited to 10 a.m. to 8p.m. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~-third of May, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William V~. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-J. 11. - 48 - PLANNING ITEM # 46665 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of CAPE HENRY COLLEGIATE SCHOOL for a Conditional Use Permit: ORDINANCE UPON APPLICA TION OF CAPE HENRY COLLEGIA TE SCHOOL FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION OF A PRIVATE SCHOOL R05003045 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Cape Henry Collegiate School for a Conditional Use Permit for the expansion of a private school at the southeast intersection of Mill Dam Road and Woodhouse Road (GPIN #2408-58-4284). Said parcel is located at 1320 Mill Dam Road and contains 29, 502 acres. L YNNHA VEN- DISTRICT 5. The following conditions shah be required: The conditional use permit is for the construction of a 115,500 square foot building expansion as represented on the "Master Plan Cape Henry Collegiate School, dated February 15, 2000, and prepared by Tymoff and Moss. This conditional use permit includes the 'future "pool and support space. Commencement of land disturbing activities shall not begin until a detailed site plan has been approved by the Development Services Center and until such time that a Storm Water Management Plan has also been approved by the Development Services Center. Appropriate bonds will also be required o All landscaping, to include foundation planting, street front planting and interior parking lot landscaping shall be planted in accordance with the City's Site Plan Ordinance. 4. A demolition permit must be obtainedpriorto the commencement of any demolition on-site. 5. The "portable buildings "shall be removed from the site no later than January 1, 2002. The portable buildings shall have a skirt installed along the foundation area and shall be landscaped along those sides visible from a public right-of-way. The construction of the proposed buildings shall be in accordance with the rendering entitled "Proposed Expansion To Cape Henry Collegiate School, Virginia Beach, Virginia ", dated April 18, 2000, which was exhibited to the City Council and is on file in the Planning Department. The applicant shah meet with the Traffic Engineering staff to discuss and implement solutions for improving on-site traffic circulation, violations associated with stacking in the public right-of-way and other traffic concerns associated with this application. Minimal adjustments to the submitted site needed as a result of these meeting may be make with the approval of the Director of Planning, May 23, 2000 Item V-J. 11. - 49 - PLANNING ITEM # 46665 (Continued) This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Two Thousand Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-J. 12. - 50- PLANNING ITEM # 46666 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND 3~ 401 of the City Zoning Ordinance (CZO) re permitted uses (recreational and amusement) in the AG-1 and AG-2 Agricultural Districts. The amendments allow, as principal uses in the Agricultural zoning districts, agriculturally-related recreational and amusement activities under certain conditions, as follows: Such activities shall be subordinate to, and conducted in conjunction with, an ongoing bona fide agricultural or silvicultral operation. .. Vehicular parking shall not be allowed on public streets, or within one hundred (100)feet of any residence, except a residence located on the site of the activity. 3. Such activities shall be conducted only between the hours of8:O0 a.m. and sunset. 4. Signs shall be non-illuminated and limited to one (1) sign not exceeding sbcteen (16) square feet in area. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 AN ORDINANCE TO AMEND SECTION 401 OF THE CITY ZONING ORDINANCE BY ADDING AGRICULTURALLY- RELATED RECREATIONAL AND AMUSEMENT ACTIVITIES AS A PRINCIPAL USE IN AGRICULTURAL ZONING DISTRICTS SECTION AMENDED: City Zoning Ordinance §401 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 401 of the City Code is hereby amended and reordained to read as follows: Sec. 401. Use regulations [Agricultural Zoning Districts]. (a) Principal and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use Agricultural, aquacultural and horticultural uses, including orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees Airports, heliports and helistops Animal hospitals, pounds, shelters, commercial and residential kennels Antennas, building-mounted Borrow pit Cemetery, columbarium, crematory and mausoleum AG- 1 AG- 2 P P C C C C P P C C C C 37 38 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Child care education centers in connection with public or private elementary schools or churches Child care education centers, day nurseries, other than those permitted as principal uses and structures, when not operated by a public agency Churches Commercial recreation facilities other than those of an outdoor nature Community centers Country inns Drive-in theaters Dwelling, single-family addition Dwellings, duplex Dwellings, single-family, except as specified in section 405(a) Dwellings, single-family, in accordance with section 405 (a) Dwelling units, not to exceed one (1), located within livestock barns, to be occupied only by farm employees or persons related to the owner of the property by blood, marriage, adoption or approved foster care Family care homes, foster homes or group homes Fiber-optics transmission facilities Firewood preparation facility Fish hatcheries and fish ponds P C C C C C C P X P C P C C C P P C C C C C C P X P C P C C C P 2 79 8O 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 Flex suites, subject to the provisions of section 507 Forests and forestry Fraternity and sorority houses, student dormitories and student centers; provided that they be located within a one-mile radius of a college or university Game preserves Golf courses, including par 3 with a minimum area of 10 acres, and miniature golf courses Home occupations, including those conducted outside the principal structures Hospitals and sanitariums Lodges for fraternal organizations Marinas, noncommercial and community boat docks Maternity homes Monasteries and convents Museums and art galleries when not operated by a public agency Personal watercraft rentals Private schools having curriculums similar to public schools Private sewage treatment facilities Public elementary, intermediate and high schools, colleges and universities; day nurseries in connection with public or private elementary schools or churches P P C P C C C C C C C C C C C P P P C P C C C C C C C C C C C P 3 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 Public parks, recreational areas, botanical and zoological gardens, golf courses, marinas and other public buildings and uses Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings Public utility transformer stations and major transmission lines and towers 50,000 volts or more) Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council Recreational and amusement activities, as specified in and subject to the provisions of subsection (c) Recreational campgrounds Repair of agricultural equipment Retail sales of garden supplies, equipment, and material, as a subsidiary use to a plant nursery, provided that the sales are enclosed and limited to a maximum floor area of five hundred (500) square feet P P C C C C C P P C C P C C C 4 173 174 175 176 177 178 179 Riding academies, horses for hire or boarding Shelter for farm employees Storage and maintenance installations for public utilities C C C C C C 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 Television or other broadcasting stations, cellular telephone antenna and line-of-sight relay devices Wells, water reservoirs, and water control structures C C P P (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to: (1) In connection with agricultural use, no more than one (1) roadside stand for sale of agricultural products produced by the operator of the roadside stand, provided that: (i) No such stand shall exceed one thousand (1,000) square feet in floor area; (ii) No stand shall be erected within fifty (50) feet of the property line fronting on any street; (iii) The operator of the stand must be the owner or operator of the agricultural property on which the stand is located; (iv) At least fifty (50) percent by value of the produce sold from the stand shall have been produced by the operator of the roadside stand. (2) An accessory activity operated for profit in a residential dwelling unit where (i) there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the 5 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; (ii) no traffic is generated, including traffic by commercial delivery vehicles, by such activity in greater volumes than would normally be expected in the neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; (iii) the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; (iv) such activity is conducted only in the principal structure on the lot; (v) there are no sales to the general public of products or merchandise from the home; and (vi) the activity is specifically designed or conducted to permit no more than one (1) patron, customer, or pupil to be present on the premises at any one (1 time. Notwithstanding the provisions of clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons authorized by law to perform the rites of marriage may permit a maximum of eight (8) persons on the premises at any one time in connection with the performance of such rites, provided that all other requirements of subdivision (b) (2) are met. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, 236 237 238 239 240 241 massage parlors, radio or television repair shops, auto repair shops, or similar establishments. (c) Agriculturally-related recreational and amusement activities such as farm tours, pettinqf feeding and viewinq of farm animals, hayrides, crop mazes, animal walks, horse and pony rides, and similar activities shall be allowed under the following 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 conditions: (1) Such activities shall be subordinate to, and conducted in conjunction with, an ongoing bona fide agricultural or silvicultural operation; (2) Vehicular parking shall not be allowed on public streets, or within one hundred (100) feet of any residence, except a residence located on the site of the activity; (3) Such activities shall be conducted only between the hours of 8:00 a.m. and sunset; and (4) Signs shall be nonilluminated and limited to one (1) sign not exceeding sixteen (16/ square feet in area. In the event any provision of this subsection conflicts or is otherwise inconsistent with any other provision of this ordinance, the provisions of this subsection shall control; provided, however, that no use otherwise permitted hereunder which constitutes, or requires the excavation of, a borrow pit, as defined in Section 111, shall be allowed except by conditional use permit. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23 day of May , 2000. CA-7621 wmmkordres~45-401com.wpd R-~ April 17, 2000 7 - 51 - Item V-K. 1. APPOINTMENTS ITEM # 46667 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ARTS AND HUMANITIES COMMISSION HAMPTON ROADS PLANNING DISTRICT COMMISSION HAMPTON ROADS TRANSPORTATION DISTRICT MINORITY B USINESS COUNCIL SOCIAL SER VICES BOARD May 23, 2000 Item V-M. 1. - 52 - NE~ B USINESS ITEM # 46668 BY CONSENSUS, the City Clerk shall RECORD: ABSTRACT OF CIVIL CASES RESOLVED - APRIL 2000 May 23, 2000 Item V-M.2 - 53 - NEW BUSINESS ITEM # 46669 ADD-ON Upon motion by Councilman Harrison, seconded by Council Lady Eure, City Council ADDED to the Agenda: Resolution authorizing and directing the City Manager and City Attorney to take any and all actions necessary to upgrade the quality of conditions at the Resort Area; and, help City Council achieve its goal of developing the City into a World-Class Resort destination. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don" Weeks Council Members Voting Nay: None Council Members Absent: None May 23, 2000 Item V-M.2 - 54 - NEW BUSINESS ITEM # 46670 ADD-ON Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED: Resolution authorizing and directing the City Manager and City Attorney to take any and all actions necessary to upgrade the quality of conditions at the Resort Area; and, help City Council achieve its goal of developing the City into a World-Class Resort destination. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, ,Ir., 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: A. M. "Don" Weeks May 23, 2000 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER AND THE C1TY ATTORNEY TO TAKE ANY AND ALL ACTIONS NECESSARY TO UPGRADE THE QUALITY OF CONDITIONS AT THE RESORT AREA AND HELP CITY COUNCIL ACHIEVE 1TS GOAL OF DEVELOPING THE CITY INTO A WORLD-CLASS RESORT DESTINATION 3 4 6 10 11 12 13 14 16 17 18 20 23. WHEREAS, following the 1999 summer season, the City Manager, after discussions with City Council, established the Resort Season 2000 Advisory Committee ("Committee") for the purpose of evaluating how the City might improve upon its efforts to manage the Resort Area and enhance the resort experience offered to tourists and residents alike; WHEREAS, to ensure that all major stakeholders would have input into this evaluation process, appointments to the Committee included not only key members of City staff, but also representatives of Beach Events, the Human Rights Commission, the NAACP, the Resort Beach Civic League and Coalition, the Resort Leadership Council, the Resort Retailers Association, the Virginia Beach Hotel and Motel Association, and the Virginia Beach Restaurant Association; WHEREAS, the Committee's meetings and deliberations culminated in its preparation and submission o fa comprehensive report ("Report"); WHEREAS, in its Report, the Committee recognized the City's goal to "build Virginia Beach into a World Class Tourist Destination," and also recognized that a number of concerns, especially behavioral problems, are impeding the City's ability to reach that goal; WHEREAS, to address these concerns, the Committee recommended, among other things, the development and distribution of"a Code of Conduct for use by the resort community to clearly and positively communicate behavioral expectations," and the development and institution of"appearance and cleanliness standards" for public infrastructure facilities, hotels and motels, restaurants and retail establishments; and WHEREAS, it is imperative that immediate and decisive action be taken to address these concerns and to upgrade the quality of conditions at the Resort Area. 22 22 24 2S 26 2'7 28 29 30 32 34 36 3'7 38 40 41 42 43 44 45 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council expresses its steadfast commitment to ensuring that the Resort Area is a place where all persons, regardless of race, religion, color, sex, age or national origin, can have a safe and enjoyable experience; 2. That City Council appreciates the work of the Resort Season 2000 Advisory Committee, supports the concepts set forth in the Committee's Report, and looks forward to the implementation of those concepts; 3. That City Council supports the efforts already taken by the City Manager and his staff to implement various Committee recommendations, and specifically supports their efforts to implement a "Code of Conduct" which clearly, concisely and positively communicates the City's behavioral expectations; 4. That City Council authorizes and directs the City Manager and the City Attorney to take any and all other actions as may be necessary to upgrade the quality of conditions at the Resort Area and achieve Council's goal of developing the City of Virginia Beach into a world-class, well-maintained resort destination that can be enjoyed by everyone; 5. That City Council encourages businesses in the Resort Area to work with the City, and especially among themselves, to ensure that, through their development and implementation of industry standards of appearance and cleanliness, as well as their control of behavioral problems in their own establishments, the R~sort Area may realize its potential; and 6. That City Council expresses its strong commitment to the swift, fair, consistent and firn'! enforcement of the law for the benefit of all of its citizens and visitors. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of t4a¥ ,2000. CA7716 F:\Data\ATY~Ordin\NONCODELResort Advisory Com. Res 2.wpd May 23, 2000 R1 2 - 55 - Item V-M. 3. NEW BUSINESS ITEM # 46671 Councilman Branch referenced the previous ADOPTED Resolution REFERRING to the Planning Commission proposed amendments to 3~ 111 and Article Two of the City Zoning Ordinance (CZO), establishing design and other standards for retail establishments by no later than June 17, 2000. Councilman Branch will forward the suggestions of Joe Taylor, Vice President - Taylor's Do It Center, to the Planning Commission. Council Lady Henley hoped these remarks would be encompassed within the considerations of the Planning Commission relative large retail establishments Council Lady Henley was very supportive of the previous recommendation of Council Lady McClanan to consider large retail establishments as conditional uses. BY CONSENSUS, Resolutions shall be SCHEDULED for the City Council Session of June 6, 2000, referring to the Planning Commission proposed amendments to the City Zoning Ordinance and consideration of large retail establishments as conditional uses. The Planning Commission shall be DIRECTED to forward its recommendations to the City Council by July 14, 2000. May 23, 2000 - 56- Item V-N. ADJOURNMENT ITEM # 46672 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:55 P.M. Beverly O. Hoo , Chief Deputy City Clerk JRuth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia May 23, 2000