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AUGUST 22, 2000 MINUTESMAYOR MEYERA E. OBEPoVDORE At-Large LINWOOD O. BRANCH, II1, Beach- District 6 MARGARET L EURE, Centerville - District 1 WILLIAM W. HARRISON, JR., Lynnhaven - District 5 ~,~ BARBARA M. HENLEY, Princess Anne- District 7 LOUIS R. JONES, Bayside - District 4 REDA S. McCLANAN, Rose Hall - District 3 MANDIGO, JR., Kempsville - District 2 NANCY K. PARKER, At-Large CITY HALL BUILDING I ROSEMARY WII_~ON, At-Large 2401 COURTHOUSE DRIVE JAMES K. SPORE, Oty Manager CITY COUNCIL AGENDA ~HON~: (757) 427.4304 LESLIE L. LILLEY, City Attorney FAX: (757) 426-5669 RUTH HODGES-SMITH, MMC, City Clerk EMAIL: Ctycncl@city. virginia-beach, va. us August 22, 2000 REVIEW OF AGENDA ITEMS - Conference Room - 3:30PM II. CITY COUNCIL COMMENTS III. INFORMAL SESSION - Conference Room - 4:00PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - School Administration Building No. 6 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend William Dyson Mount Zion AME Church PLEDGE OF ALLEGIANCE TO THE FLAG OF TH~ UNITED STATES OF AMERICA D ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION MINUTES 1. INFORMAL & FORMAL SESSIONS 2. SPECIAL FORMAL and CLOSED SESSIONS August 8, 2000 August 15,2000 Go 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. PRESENTATION 1. KING NEPTUNE XXVII - Lawrence L. Sutton PUBLIC HEARING PAVILION lease of city owned office space to VIRGINIA BEACH COMMUNITY ORCHESTRA, INC. Congestion Mitigation and Air Quality (CMAQ) Computerized Traffic Signals upgrade ORDINANCES 1. Ordinances to AMEND the City Code: § 31-10 re penalties for unlawful storage or deposit of hazardous waste, construction materials, refuse and litter. b. § 16-11 re penalties for building violations. Co § 6-23 re setting crab pots in Crystal Lake. (Requested by Vice Mayor Sessoms and Council Members Harrison and Wilson) Ordinance to AUTHORIZE the City Manager to execute a lease between The Virginia Beach School Board and the City for the use of the Kemps Landing Ball Fields. Ordinance to AUTHORIZE the City Manager to execute a lease between the City and the VIRGINIA BEACH COMMUNITY ORCHESTRA, INC. re office space at the Pavilion. 4. Virginia Department of Transportation (VDOT) programing: Ordinance to ACCEPT and APPROPRIATE $2,450,000 of Congestion Mitigation and Air Quality (CMAQ) re computerized traffic signal system upgrade and replacement of vehicle video detection system Resolution to establish an urban highway project; and, the City to pay its share of the total cost Ordinance to ACCEPT and APPROPRIATE a $76,728 grant from the Virginia Department of Alcoholic Beverage Control Board (ABC) to the FY 2000-01 operating budget of the Police Department re underage drinking. Ordinance to ACCEPT and APPROPRIATE a $41,239 grant from the Federal Emergency Management Agency (FEMA) to the FY 2000-01 operating budget of the Fire Department re development of video training and production. Ordinances to authorize temporary encroachments into a portion of existing City easement shown as a man made canal located within the Lago Mar subdivision to construct and maintain piers, lifts, rip rap, bulkheads and boat ramps: a. RICRARD B. JR. and LAURIE A SOUTltARD at 2400 Brasileno Drive. b. KEITH G. and PAMELA T. HOPKINS at 2409 Brasileno Drive. c. ROY H. and RltONDA M RECltKEMMER at 2413 Brasileno Drive. 8. REFUNDS: a. License - $37,514.67 b. Meal Tax $ 3,243.30 RESOLUTIONS Resolution appointing Christopher S. Bounton to the position of Assistant City Attorney, effective 1 September 2000. Resolution to REQUEST the Parks and Recreation Commission evaluate the proposal prepared by Arthur Hills and Associates re the renovation and expansion of Red Wing Golf Course, make recommendations concerning it's implementation and submit a report to City Council on or before October 31, 2000. (Sponsored by Vice Mayor Sessoms and Council Members Branch and Harrison) Resolution to REQUEST the Beaches and Waterways Advisory Commission prepare a revised Beach Management Plan; authorize any input and consultation with other interested parties; and, submit a revised plan to City Council on or before December 31, 2000. Resolution to AFFIRM the City Council's support of the 31st Street Development project. (Sponsored by Council Members. Jones and Harrison) L. PLANNING Applications of FRANK T. WILLIAMS FARMS for property on the east side of Princess Anne Road, south of Old Pungo Ferry Road, containing 455 acres more or less (PRINCESS ANNE - DISTRICT 7): Variance to reduce minimum pavement width for the interior roads of the development from the required 30 feet to 24 feet. bo _Conditional Use Permit for an _Alternative Rural Residential Development Deferred: Staff' Recommendation: Planning Comm. Recommendation: August 8, 2000 DEFERRAL APPROVAL Application of VINCENT N. BENINATO, Trustee, for an enlargement of a nonconforming single family dwelling (known as 106 A 60* Street) at 5909 Oceanfront Avenue, containing 4,375 square feet (LYNNHAVEN - DISTRICT 5). Recommendation: APPROVAL Applications for .discontinuance, closure and abandonment of certain streets or alleyways: JEANNE S. VANKIRK JOHNSON, Beach Investment Corp. re the 15-foot alley located between Lots 2 and 14, Block 20, Croatan Beach, containing 750 square feet (BEACH - DISTRICT 6). Staff Recommendation: Planning Corem Recommendation: DENIAL APPROVAL COMMONWEALTH BUILDING COMPANY and TAsos A. GALIOTOS for parcels on Potomac Street, beginning at the western boundary of Garrett Drive, containing 15,600 square feet (ROSE HALL - DISTRICT 3): Parcel 1: The northern 25 feet for a distance or 499.05 feet Parcel 2: The southern 25 feet for a distance of 125 feet Recommendation: DENIAL TASOS A. GALIOTOS re the northern 25 feet of Cleveland Street at the western boundary of Garrett Street, containing 6,250 square feet (ROSE HALL - DISTRICT 3). Recommendation: DENIAL Application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIATION, INC. for a Conditional Use Permit for a community pier on the east side &Sandpiper Road, south of Kabler Road (3665 Sandpiper Road), containing 62.573 acres (PRINCESS ANNE - DISTRICT 7). Indefinite Deferral: Recommendation: November 16, 1997 REFER TO PLANNING COMMISSION o Application of JACQUELINE K. ROLAND for a Conditional Use Permit for a residential kennel on the east side &Princess Anne Road, south of Mill Landing Road (1056 Princess Anne Road), containing 9,152 acres (PRINCESS ANNE -DISTRICT 7). Recommendation: APPROVAL Applications for property at Indian River Road and Forman Trail (PRINCESS ANNE - DISTRICT 7): TOWNE DEVELOPMENT CORPORATION / CARL SCHUBERT Change of Zoning District Classification from AG-2 Agricultural District to R-15 Residential District, containing 26.6 acres TOWNE MILL DEVELOPMENT LLC Conditional Use Permit for aa open space promotion, containing 37 acres Recommendation: APPROVAL Applications of JAMES HARRELL at Norfolk Avenue and Cypress Avenue, containing 1.73 acres (BEACH - DISTRICT 6): ao Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community_ Business District Conditional Use Permit for automobile services (fuel sales) Recommendation: DENIAL AppliCation of EDWARD, AMANDA and MICHAEL YODER and GEORGE and MILDRED MCGUIRE for a Change of Zoning District Classification from R-40 Residential District to R-7.5 Residential District on Lots 128-A and 152-A, Hollies on the Atlantic Ocean, (412 48z Street), containing 7,773 square feet. (BEACH - DISTRICT 6) Recommendation: APPROVAL Applications of the CITY OF VIRGINIA BEACH: AMEND the Comprehensive Plan to require Conditional Use Permits by ADDING design guidelines for large retail establishments Recommendation: DEFERRAL AMEND Ci~ Zoning Ordinance (CZO): §§111,901, 1511 and 1521, ADDING anew § 240.1 to require Conditional Use Permits re large retail establishments. Recommendation: DEFERRAL § 111, definitions and Article 2, ADDING a new Part D re establishing design and other standards for retail establishments. (Deferred: July 11, 2000) Recommendation: STAFF: PLANNING COMMISSION: APPROVAL DENIAL § 301, re harvesting timber Recommendation: in the P-1 Preservation District APPROVAL APPOINTMENTS: ESTABLISH alternative regulations re shopping center identification signs and defining the term "monument sign" Recommendation: STAFF: APPROVAL PLANNING COMMISSION: APPROVE/ DELETE UNIFORM LETTERING § 111, Article Two re TRANSITION RULES for development of retail establishments and shopping centers. Recommendation: APPROVAL No BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) H-6MPTON ROADS TRANSPORTATION DISTRICT COMMISSION (I-IRT) HEALTH SERVICES ADVISORY BOARD PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION (RAC) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) UNFINISHED BUSINESS O° NEW BUSINESS 1. ABSTRACT OF LEGAL CASES RESOLVED JULY 2000 P. ADJOURNMENT PUBLIC NOTICE: Due to the renovation of the City Council Chamber: INFORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will .continue in the City Hall Conference Room, Building No. 1 FORMAL MEETINGS OF THE CITY COUNCIL and PLANNING COMMISSION will be hem in the SCHOOL BOARD MEETING ROOM, Building No. 6 (August thru October 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) 08/17/OOslb AGENDA\0g-22-00. www.virginia-beaeh.w, e MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 22, 2000 Mayor Oberndorf called to order the REVIEW OF AGENDA ITEMS in the Council Conference Room, City Hall Building, on Tuesday, August 22, 2000, at 3:30 P.M. Council Members Present: Linwood O. Branch, IIL Margaret L. Eure, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, ,Ir., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: William W. Harrison, Jr. [ENTERED: 3:45 P.M.] 2 AGENDA RE FIEW SESSION 3:30 P.M. ITEM # 47023 Ordinance to AMEND the City Code,~ 6-23 re setting crab pots in Crystal Lake. (Requested by Vice Mayor Sessoms and Council Members Harrison and Wilson) Council Lady McClanan referenced a citizen who complimented this proposal and was interested in whether this Ordinance could be applied to other Lakes in the City. Vice Mayor Sessoms advised Council Lady Parker this Ordinance is the result of reports that individuals who live on Crystal Lake have been setting of crab pots. ITEM # 47024 Ordinance to ACCEPT and APPROPRIATE a $76, 728 grant from the Virginia Department of Alcoholic Beverage Control Board (ABC) to the FY 2000-01 operating budget of the Police Department re underage drinking. Council Lady Parker advised she requested the 1999 arrests for "drinking in public" and D UI's. results are: DUI's Under 18 8 18-21 187 T~e DRINKING IN PUBLIC Under 18 14 18-21 184 The major target is the 18-21 age group. ITEM # 47025 Resolution to REQUEST the Parks and Recreation Commission evaluate the proposal prepared by Arthur Hills and Associates re the renovation and expansion of Red Wing Golf Course, make recommendations concerning it's implementation and submit a report to City Council on or before October 31, 2000. (Sponsored by Vice Mayor Sessoms and Council Members Branch and Harrison) Council Lady McClanan expressed concern relative funding. A policeman reporting to a complaint by a resident of the Plaza had advised there are only seven (7) policemen assigned to stations between Princess Anne Plaza and Pungo. Vice Mayor Sessoms advised the intent was City funding not be utilized for the renovation and expansion of Red Wing Golf Course. He desired the evaluation by the Parks and Recreation Commission. August 22, 2000 -3- AGENDA RE VIEW SESSION ITEM # 47026 K. 4. Resolution to AFFIRM the City Council's support of the 3Pt Street Development project. (Sponsored by Council Members. Jones and Harrison) This item will be discussed during the Formal Session. ITEM # 47027 BY CONSENSUS, the following shall compose the CONSENT A GENDA: ORDINANCES J. Ordinances to AMEND the City Code: ~ 31-10 re penalties for unlawful storage or deposit of hazardous waste, construction materials, refuse and litter. 6-1! re penalties for building violations. 3~ 6-23 re setting crab pots in Crystal Lake. (Requested by Vice Mayor Sessoms and Council Members Harrison and Wilson) Ordinance to AUTHORIZE the City Manager to execute a lease between the Virginia Beach School Board and the City for the use of the Kemps Landing Ball Fields. Ordinance to AUTHORIZE the City Manager to execute a lease between the City and the VIRGINIA BEACH COMMUNITY ORCHESTRA, INC. re office space at the Pavilion. Virginia Department of Transportation (I/DOD programing: Ordinance to ACCEPT and APPROPRIATE $2,450,000 of Congestion Mitigation and Air Quality (CMAQ) re computerized traffic signal system upgrade and replacement of vehicle video detection system Resolution to establish an urban highway project; and, the City to pay its share of the total cost Ordinance to ACCEPT and APPROPRIATE a $76, 728 grant from the Virginia Department of Alcoholic Beverage Control Board (ABC) to the FY 2000-01 operating budget of the Police Department re underage drinking. Ordinance to ACCEPT and APPROPRIATE a $41,239 grant from the Federal Emergency Management Agency (FEMA) to the FY 2000-O1 operating budget of the Fire Department re development of video training and production. August 22, 2000 -4- AGENDA RE VIE W SESSION ITEM # 47027 (Continued) J. 7. Ordinances to authorize temporary encroachments into a portion of existing City easement shown as a man made canal located within the Lago Mar subdivision to construct and maintain piers, lifts, rip rap, bulkheads and boat ramps: RICHARD B. JR. and LA URIE A SOUTHARD at 2400 Brasileno Drive. KEITH G. and PAMELA T. HOPKINS at 2409 Brasileno Drive. RO Y H. and RHONDA M RECHKEMMER at 2413 Brasileno Drive. REFUNDS: License - $37, 514. 67 Meal Tax - $ 3, 243.30 RESOLUTIONS Resolution appointing Christopher S. Bounton to the position of Assistant City Attorney, effective 1 September 2000. K. 2. Resolution to REQUEST the Parks and Recreation Commission evaluate the proposal prepared by Arthur Hills and Associates re the renovation and expansion of Red Wing Golf Course, make recommendations concerning it's implementation and submit a report to City Council on or before October 31, 2000. (Sponsored by Vice Mayor Sessoms and Council Members Branch and Harrison) Resolution to REQUEST the Beaches and Waterways Advisory Commission prepare a revised Beach Management Plan; authorize any input and consultation with other interested parties; and, submit a revised plan to City befo ............ " .... Council on or re ................ O. December 31, 2001. August 22, 2000 5 AGENDA RE VIEW SESSION Z.]. ITEM # 47028 Applications of FRANK T. WILLIAMS FARMS for property on the east side of Princess Anne Road, south of OM Pungo Ferry Road, containing 455 acres more or less (PRINCESS ANNE - DISTRICT 7): Variance to reduce minimum pavement width for the interior roads of the development from the required 30feet to 24feet. Conditional Use Permit for an Alternative Rural Residential Development Council Lady Henley advised the applicant has requested another DEFERRAL. This item will be DEFERRED INDEFINITEL Y, B Y CONSENT ITEM # 47029 Applications for discontinuance, closure and abandonment of certain streets or alleyways: COMMONWEAL TH BUILDING COMPANY and TASOS A. GALIOTOS for parcels on Potomac Street, beginning at the western boundary of Garrett Drive, containing 15, 600 square feet(ROSE HALL - DISTRICT 3): Parcel i: The northern 25feet for a distance or 499. 05Jket Parcel 2: The southern 25feet for a distance of l 25 feet TASOS A. GALIOTOS re the northern 25feet of Cleveland Street at the western boundary of Garrett Street, containing 6, 250 square feet (ROSE HALL - DISTRICT 3). The applicant has requested DEFERRAL. The City Attorney shall confer with Attorney Edward Bourdon relative the date of DEFERRAL, which has been recommended and requested by the applicant. ITEM # 47030 Z. 4. Application of OUTDOOR RESORTS OF I/IR GINIA BEACH, CONDOMINIUM ASSOCIATION, INC. for a Conditional Use Permit for a community pier on the east side of Sandpiper Road, south of Kabler Road (3665 Sandpiper Road), containing 62.573 acres (PRINCESS ANNE - DISTRICT 7). Council Lady Henley advised this item is to be REFERRED BACK TO THE PLANNING COMMISSION. August22, 2000 -6- AGENDA RE VIE W SESSION ITEM # 47031 Applications for property at Indian River Road and Forman Trail (PRINCESS ANNE- DISTRICT ?): ao TO WNE DEVELOPMENT CORPORATION~ CARL SCHUBERT Change o£ Zoning District Classification from A G-2 Agricultural District to R-15 Residential District, containing 26. 6 acres TO WNE MILL DE VEL OPMENT LL C Conditional Use Permit for an open space promotion, containing 37 acres Council Members Eure and Henley expressed concerns especially relative the Southeastern Greenbelt and Parkway. This item will be discussed during Formal Session. ITEM # 47032 L. 7. Applications of JAMES HARRELL at Norfolk Avenue and Cypress Avenue, containing 1.73 acres (BEACH - DISTRICT 6): Change of Zoning District Classification from I-._~l Light Industrial District to B-2 Community Business District Conditional Use Permit for automobile services (fuel sales) The applicant has requested WITHDRAWAL. ITEM # 47033 L. 9. Applications of the CITY OF VIRGINIA BEACH: AMEND the Comprehensive Plan to require Conditional Use Permits by ADDING design guidelines for large retail establishments AMEND City Zoning Ordinance (CZO): 3g3glll, 901, 1511 and 1521, ADDINGa new 3g 240.1 to require Conditional Use Permits re large retail establishments. 3g 111, definitions andArticle 2, ADDING a new Part D re establishing design and other standards for retail establishments. (Deferred: July 11, 2000) 3g 301, re harvesting timber in the P-1 Preservation District ESTABLISH alternative regulations re shopping center identification signs and defining the term "monument sign" 3g 111, Article Two re TRANSITION RULES for development of retail establishments and shopping centers. August 22, 2000 -7- AGENDA REVIEW SESSION ITEM # 47033 (Continued) Council Lady Parker referencedDEFERRING INDEFINITEL Y 9a/b 1. Council La~v McClanan referenced a proposal relative the consolidation of the Retail Development Ordinances with the Use Permit. Assistant City Attorney Macali will present information. This item will be discussed during the Formal Session. ITEM # 47034 Council Lady Parker referenced an ADD-ON to the Agenda Ordinance to AUTHORIZE Planner H position in Planning Department / APPROPRIATE $42,63 7 to fund position in FY 2001 Planning Department operating budget. Council Lady Parker advised this position will assure adherence to the retail establishment standards. This individual will be a Landscape Architect (Urban Designer) and the funds to be appropriated covers the pro rata on this fiscal budget year. ITEM # 47035 BY CONSENSUS, the following items shall compose the CONSENTAGENDA: Z.]. Applications of FRANK T. WILLIAMS FARMS for property on the east side of Princess Anne Road, south ofOM Pungo Ferry Road, containing 455 acres more or less (PRINCESS ANNE - DISTRICT 7): Variance to reduce minimum pavement width for the interior roads of the development from the required 30feet to 24feet. Conditional Use Permit for an Alternative Rural Residential Development L. 2. Application of FINCENT N. BENINATO, Trustee, for an enlargement cfa nonconforming single family dwelling (known as 106 A 60th StreeO at 5909 Oceanfront Avenue, containing 4, 3 75 square feet (LYNNHA VEN- DISTRICT 5). L. 3. Applications for discontinuance, closure and abandonment of certain streets or alleyways: JEANNE S. VANKIRK JOHNSON, Beach Investment Corp. re the 15-foot alley located between Lots 2 and 14, Block 20, Croatan Beach, containing 750 square feet (BEACH - DISTRICT 6). COMMONWEAL TH BUILDING COMPANY and TASOS A. GALIOTOS for parcels on Potomac Street, beginning at the western boundary of Garrett Drive, containing 15, 600 square feet (ROSE HALL - DISTRICT 3): Parcel 1: The northern 25feet for a distance or 499.05feet Parcel 2: The southern 25feet for a distance of l 25 Jket TASOS A. GALIOTOS re the northern 25feet of Cleveland Street at the western boundary of Garrett Street, containing 6, 250 square feet (ROSE HALL - DISTRICT $). August 22, 2000 -8- AGENDA RE VIE W SESSION ITEM # 47035 (Continued) Z. 4. Z. 5. Z. 8. Application of OUTDOOR RESORTS OF VIRGINIA BEA CH, CONDOMINIUM ASSOCIATION, INC. for a Conditional Use Permit for a community pier on the east side of Sandpiper Road, south of Kabler Road (3665 Sandpiper Road), containing 62.573 acres (PRINCESS ANNE - DISTRICT 7). Application of JACQUELINE K. ROLAND for a Conditional Use Permit for a residential kennel on the east side of Princess Anne Road, south of Mill Landing Road (1056 Princess Anne Road), containing 9,152 acres (PRINCESS ANNE - DISTRICT 7). Applications of JAMES HARRELL at Norfolk Avenue and Cypress Avenue, containing 1.73 acres (BEACH- DISTRICT 6): Change of Zoning District Classification from I-1 Light Industrial District to B-2 Community Business District · Conditional Use Permit for automobile services (fuel sales) Application of EDWARD, AMANDA and MICHAEL YODER and GEORGE and MILDRED MCGUIRE for a Change of Zoning District Classification from R-40 Residential District to R- 7. 5 Residential District on Lots 128- A and 152-A, Hollies on the Atlantic Ocean, (412 48th StreeO, containing 7,773 square feet. (BEACH- DISTRICT 6) Item L. 1. will be DEFERRED INDEFINITEL Y, BY CONSENT. Item L. 3. b/c. will be DEFERRED, BY CONSENT. Item L. 4. will be REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT. Item L. 7 will be WITHDRAWN, BY CONSENT. August 22, 2000 -9- CITY COUNCIL COMMENTS 3:48 P.M. ITEM # 47036 Mayor Oberndorf referenced correspondence from Mr. Drinkwater relative naming a street in Memory of John [Faring. Mayor Oberndorf suggested dohn Waring's biography be submitted to the Walk of Fame for consideration. ITEM # 47037 Mayor Oberndorf commended the Department of Parks and Recreation, which yesterday at sunset opened the new Dog Park at Redwing. The opening was attended by over 50 dogs' of every size, breed and description. The SPCA distributed baggies, to allow the residents to police after the dogs. The ribbon was cut and the fence opened. Mayor Oberndorf expressed appreciation to Pet Smart, who donated collars, leashes, doggie sweaters, dog bones, etcetera. This Dog Park is on a 6-month probationary period. Sara Hensley, Director of Parks and Recreation and her excellent staff are to be complimented. ITEM # 47038 Council Lady Eure advised Habitat for Humanity has built approximately 18 houses in Virginia Beach under the Virginia Beach Covenant. They have organized an additional covenant in the City entitled: The Kempsville Covenant. This group is composed of 8 churches representing all dominations. Sunday, August 20, 2000, the Covenant broke ground for two houses. One to be built by the Kempsville Covenant and the other by the Virginia Beach Covenant. Because of the price of land in Virginia Beach, it was difficult to find land on which to build houses. The Newlight Baptist Church has donated the heating and air conditioning and one of their contractors in their Church has donated the labor. ITEM # 47039 Councilman Mandigo advised one of the local Soccer Clubs sponsored a very successful tournament at the Sportsplex Stadium this weekend. There were approximately 360 teams participating throughout the United States. All participants thoroughly enjoyed the complex. ITEM # 47040 Councilman Manadigo referenced receipt of E-Mails from a Security Member of the City Staff suggesting identification signage in the Municipal Parking Lots, so citizens could remember where they parked their cars. As the lots are spread out, Councilman Mandigo believed this suggestion viable. ITEM # 47O41 Councilman Mandigo was in a neighborhood last week with a severe drainageproblem. This particular area is encompassed within this year's Operating Budget.. The residents showed Councilman Mandigo where the swales and ditches previously drained into a lake. When the parking lot and curbs were installed in the new development, this dammed the drainage of the neighborhood. Now the water seeps under the houses and in the garages of the neighborhood. As infilling continues, Councilman Mandigo urged all members to be alert to the existing developments' so these problems do not occur. The project engineer has advised the parking lot must be broken up and drain pipes installed ITEM # 47O42 Mayor Oberndorf advised Dawne Franklin Meads, Stenographic Reporter for the City Council, suffered a miM stroke this weekend. Mayor and City Council will be praying for a speedy recovery. Mayor Oberndorf advised the City Clerk can provide pertinent details. August 22, 2000 -lO- CITY COUNCIL COMMENTS ITEM # 47O43 The City Manager referenced a typographical error: Resolution to REQUEST the Beaches and Waterways Advisory Commission prepare a revised Beach Management Plan; authorize any input and consultation with other interested parties; and, submit d pi City befo a revise an to Council on or re ~.~,.~,,,,~, December 31, 2001. Line 33 should state December 31, 2001, NOTDecember 31, 2000. ITEM # 47044 Councilman Branch requested copies of the Beach Management Plan be provided to City Council. ITEM # 47045 Mayor Oberndorf advised a map of the United States was depicted on Good Morning America . Relative the State of Virginia, the only name of any City in big type was Virginia Beach, l,'irginia, and we can thank Rudy Boesch for this publicity. August 22, 2000 -11 - ITEM # ~70~6 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, August 22, 2000, at 3:58 P.M. Council Members Present: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None August 22, 2000 -12- ITEM # 47047 Mayor Oberndorf 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 MATTER& 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 e. 1-344 (A) O. Boards and Commissions: Board of Building Code Appeals Board of Zoning Appeals Hampton Roads Transportation District Commission Health Services Advisory Board Parks and Recreation Commission Public Library Board Resort Advisory Commission Virginia Beach Community Development Corporation PUBLICLY-HELD PROPERTY: Discussion or consideration of the acquisition of real property for a public purpose, or of the disposition of publicly-heM 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. ]-344(A)(3). To-Wit Acquisition/Disposition of Property - Stumpy Lake - Lynnhaven District/Waller Property - Town Center - Lotus Creek LEGAL MATTER& 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 litigating position 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). Acquisition of Property - Stumpy Lake City of Virginia Beach v. Nala Corp., et al Contractual Negotiations - Town Center - City Facilities 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: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None (Time of Closed Session: 4:00 P.M. to 5:45 P.M.) August 22, 2000 -13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL August 22, 2000 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the School Board Meeting Room, School Administration Building No. 6, on Tuesday, August 22, 2000, at 6:00 P.M Council Members Present: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr. Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend William Dyson Mount Zion AME Church 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. August 22, 2000 Item IV-E. -14- CER TIFICA TION OF CLOSED SESSION ITEM # 47048 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: 1 l-O Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, ~ce Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 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 ti 47047, Page 12, 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. ~d~h Hodges StlZnith, MMC City Clerk August 22, 2000 - 15- Item II/-F. 1. MINUTES ITEM ii 47049 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 8, 2000, andSPECIAL FORMAL AND CLOSED SESSIONS of August 15, 2000. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. clones, Reba S. McClanan, Robert C. Mandigo, dr. Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 Item 1V-G. -16- ADOPT A GENDA FOR FORMAL SESSION ITEM # 47050 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Ordinance to AUTHORIZE Planner H position in Planning Department/APPROPRIATE $42, 637 to fund position in I~T 2001 Planning Department operating budget. August 22, 2000 V-H. 1. -17- PRESENTATION ITEM # 47051 Mayor Oberndorf recognized King Neptune XXVII and Nancy Creech, Executive Director of the Neptune Festival. Mrs. Creech distributed the Festival's theme "Aladdin and his Magic Carpet" caps, pins and the Neptune umbrella, dohn Malbon, Chairman - Neptune Festival, introduced: 2000 ROYAL CO URT KING NEPTUNE XXVII Lawrence Lee Sutton TRITONS John Charles Brogan, IV Partner - SMB Restaurants Thomas Eugene Fraim President/Chief Executive Officer - The MASA Corporation (unable to attend) Michael John Gardner Partner- Williams Mullen Clarl~ & Dobbins Michael Abuan Hipol Secretary/Treasurer The Hipol Clinic Philip Jefferson Kellam Commissioner of the Revenue Thomas Henry Scott, Jr. Partner - Pulmonary Physicians of Tidewater Bruce Lancer Thompson Chief Executive Officer Gold Kev - PHR Hotels & Resorts' John Andrew Tilhou Partner-Mays & Valentine PRINCESSES Hannah Virginia Bregman Anne Catherine Dinsmore Megan Cathleen Fawcett Lauren Virginia Fisher Kelly Nicole Johnson Joy Ameena Mossman Virginia Middleton Meredith Katherine Copeland Sessoms Mayor Oberndorf PRESENTED tokens of appreciation to King Neptune and Mrs. Creech. August 22, 2000 Item V-I. 1. PUBLIC HEARING -18- ITEM # 47052 Mayor Oberndorf DECLARED A PUBLIC HEARING: PA VILION lease of city owned office space to VIRGINIA BEACH COMMUNITY ORCHESTRA, INC. There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. August 22, 2000 Item V-I. 2. PUBLIC HEARING -19- ITEM # 47053 Mayor Oberndorf DECLARED A PUBLIC HEARING: Congestion Mitigation and Air Quality (CMAQ) Computerized Traffic Signals upgrade There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. August 22, 2000 - 20 - Item V- J. ORDINANCES/RESOL UTION ITEM # 47054 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED IN ONE MOTION, Ordinances 1, 2, 3, 4, 5, 6 7 and 8 and RESOLUTION I, 2 and 3(AS REVISED) of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 - 21 - Item V- J. 1. ORDINANCES/RESOL UTION ITEM # 47055 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinances to AMEND the City Code: ,~ 31-10 re penalties for unlawful storage or deposit of hazardous waste, construction materials, refuse and litter. 6-11 re penalties for building violations. ~ 6-23 re setting crab pots in Crystal Lake. (Requested by Vice Mayor Sessoms and Council Members Harrison and Wilson) Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, Wilham W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Pice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August22, 2000 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO PENALTIES FOR UNLAWFUL STORAGE OR DEPOSIT OF HAZARDOUS WASTE, CONSTRUCTION MATERIALS, REFUSE AND LITTER SECTION AMENDED: § 31-10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 31-10 of the City Code is hereby amended and reordained to read as follows: Sec. 31-10. Unlawful storage and deposits generally; littering. (a) No person shall store or place any accumulation of building and construction materials, hazardous waste or refuse in any street, median strip, alley or other public place of travel, nor upon any private property, except as stated in other sections of this chapter, or unless such storage or accumulation is authorized by a federal, state or local statute, regulation or permit, or is specifically related to an ongoing and active building or construction project. For purposes of this subsection, "ongoing and active" shall mean that all applicable federal, state and/or local permits have been issued and are in effect or, in the case of any project not requiring a permit, that the owner of the property in question is actively pursuing completion of the project. (b) It shall be unlawful for any person to: (1) (2) Scatter building and construction materials, hazardous waste or refuse about or litter any public or private street, area or place. Cast, throw, place, sweep or deposit anywhere within the city any building and construction materials, hazardous waste or refuse in such a manner that it may be carried or deposited by the 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 47 (c) elements upon any street, sidewalk, alley, sewer, parkway or other public place or into any occupied or unoccupied premises within the city. (3) Throw or deposit any hazardous waste, refuse or debris in any stream or body of water. The driver of any vehicle shall be responsible for assuring that no litter, hazardous waste, refuse, or buildiDg and construction materials are thrown from the vehicle or occurs through the lack of proper covering. Any person convicted of a violation of this section shall be quilty of a misdemeanor punishable by confinement in jail for not more than twelve (12) months and a fine of not less than two hundred fifty dollars ($250.00) or more than two thousand five hundred dollars ($2,500.00), either or both. 48 49 50 51 52 53 54 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of Auqust, 2000. CA-7793 DATA/ORDIN/PROPOSED/31-010ord.wpd R1 PREPARED: JULY 25, 2000 2 1 2 3 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AMEND SECTION 16-11 OF THE CITY CODE PERTAINING TO PENALTIES FOR BUILDING VIOLATIONS SECTION AMENDED: § 16-11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-11 of the City Code is hereby amended and reordained to read as follows: Sec. 16-11. Violations of chapter generally. (a) (1) Any owner or any other person who shall violate any provision of this chapter or who shall fail, refuse or neglect to comply in all respects with the provisions of this chapter shall.be deemed guilty of a misdemeanor, and upon conviction shall be punished by a fine of not more than twenty-five hundred dollars ($2,500.00). (2) Additionally, if the violation concerns a residential unit and if the violation remains uncorrected at the time of the conviction, the court shall order the violator to abate or remedy the violation in order to comply with the provisions of this chapter. Except as otherwise provided by the court for good cause shown, any such violator shall abate or remedy the violation within six (6) months of the date of conviction. Any person convicted of a second offense committed within less than five (5) years after a first offense under this chapter shall be punished by a fine of not less than one thousand dollars ($1,000.00) nor more than twenty-five hundred dollars ($2,500.00). Any person convicted of a second offense committed within a period of five (5) to ten (10) years of a first offense under this chapter shall be punished by a fine of not less than five hundred dollars ($500.00) nor more than twenty-five hundred dollars ($2,500.00). Requested by Vice Mayor William D. Sessoms, Jr., Councilwoman Rosemary A. Wilson and Councilmember William W. Harrison, Jr. 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 AN ORDINANCE TO AMEND SECTION 6-23 OF THE CITY CODE PERTAINING TO SETTING CRAB POTS IN CRYSTAL LAKE SECTION AMENDED: 6-23 WHEREAS, pursuant to the City Code, it is unlawful, and has been unlawful for more than thirty years, to set crab pots in Crystal Lake; WHEREAS, regardless of this long-standing prohibition, crab pots have been, and continue to be, set in Crystal Lake by residents and other individuals who use their catches for personal consumption; WHEREAS, enforcement of the prohibition has been limited to police responses to specific citizen complaints; WHEREAS, the setting of crab pots in Crystal Lake has apparently had very little, if any, negative impact on the crab population in the lake; and WHEREAS, based on the foregoing, it appears that a reasonable limitation on the setting of crab pots in Crystal Lake may be more appropriate than a total prohibition. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6-23 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Sec. 6-23. Net fishing and setting crab pots prohibited in certain waters. (a) Except as provided in subsection (b) of this section, 28 shall be unlawful for any person to set or fish any net or set crab - 22 - Item V- d. 2. ORDINANCES/RESOL UTION ITEM # 47056 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a lease between The Virginia Beach School Board and the City for the use of the Kemps Landing Ball Fields. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, .Ir., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE VIRGINIA BEACH SCHOOL BOARD AND THE CITY FOR THE USE OF THE KEMPS LANDING BALL FIELDS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 WHEREAS, the Virginia Beach School Board ("School Board") is the owner of that certain parcel of land containing approximately 4.6 acres, together with all improvements, located on the east side of Kempsville Road, Virginia Beach, Virginia (the "Kemps Landing Ball Fields") as shown on the plat attached as Exhibit A; WHEREAS, the Kemps Landing Ball Fields are not currently being used by the School Board; WHEREAS, the School Board appointed a Facility Disposition Committee to make a recommendation to the School Board regarding the disposition of the Kemps Landing Ball Fields; WHEREAS, the Facility Disposition Committee recommended that the Kemps Landing Ball Fields be leased to the City for continued recreational/open space use; WHEREAS, the City's Departments of General Services and Parks and Recreation have determined that the Kemps Landing Ball Fields currently meet the public recreational needs of the citizens in the surrounding neighborhoods; WHEREAS, by Resolution dated June20, 2000, the Virginia Beach School requested that the School staff work with the City staff and the City Attorney to draft a lease for use of the Kemps Landing Ball Fields by the City; WHEREAS, the City and School staff, together with the City Attorney, prepared a lease for use of the Kemps Landing Ball Fields by the City with terms and conditions mutually agreeable to all parties; and WHEREAS, on August 15, 2000, the Virginia Beach School Board approved execution of the lease with the City for use of the Kemps Landing Ball Fields. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 29 3O 31 32 33 34 That the City Manager is hereby authorized to execute a lease between the Virginia Beach School Board and the City for use of the Kemps Landing Ball Fields in accordance with the Summary of Terms attached hereto, and containing such other terms as are acceptable to the City Manager and approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 2 day of AUGUST , 2000. CA-7791 F:XDataXATY\Ordin\NONCODE\ca7791 .ord.wpd R-I 4/21/00 APPROVED AS TO CONTENT: D~tion APPROVED AS TO CONTENT: Department of General Services APPROVED AS TO LEGAL SUF~qCY: Department of Law 2 ./ % EXHIBIT A I466-78-I350 KE2~PS I'./tNDSNG MAGNET GPIN: 1466-78-1350, I466-78-634I ACREAGE: I2.2673 Prepared by Center for GIS Geospatial Information Seroices 1466-78-434I ,I SCHOOL Sc~le; t" = 225' 06/06/00 08:$4 '~804 563 003/005 IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING ~ DLSPOSITION OF. TItW, KEIVIPS LAND~G BALL FIELDS VVHEREAS, the members of the School Board understand they are stewards of the Public's trust and fully n~ognize the importanc~ of f~eal responsibility, and Wl~~, Tho School Board appointed a Facility Disposition Committ~ to make a recommendation to th~ School Board regarding Ibc disposition of thc Kemp~ Lauding Mag, et School, and WI-IEREA~, As a reatlt of thc work of tho Facility Disposition Commi~, the School Board adopted a v,solutioa dated February 15, 2000, (a~.hed) dir~ng staff to pmvid~ a rccomm~aatlon by July 1, 2000, rega.rding the disposition of the ~4.6 acm parcel on the cast sido of K~npsvillc Road (Kemp$ Landing ball riotds), and WI-IE~, Both school and city ~-at~.q recommend that the ball riel& bo lea.~t to tile city for continued re~cationaVop~n space uae, now therefore be it RESOLED: That the School Board request~ that school staff work with city staffand the city attorney m da'aft a lease for use of the +4.6 acre parcel as shown on the attached plat, a~d be it further RESOLVED: Th~ the lea~o should give coraid~ation r,garding th~ continued uae of the ball fields currently u~d by the Kempswill¢ Pony Baseball Association, and be it further RF__~OLVED: Thc aforauention~t lease be brought back to ;he School Board for approval and subsequently the City Council for approval, and be it further RESOLVED: ~ a copy of ~ r~olution kc delivered promptly to ~aeh member of City Council, the City Manages, and the City Clerk by the Clerk of. the Board. Adopt~l by the School Board o£the City of V'trginia Beach lune 20, 2000 SEAL Daniel D. Edward, Chairman Attest Diarm¢ P. Alexander, Clerk ofuhe Board SUMMARY OF TERMS LESSOR: LESSEE: TERM: RENT: LEASE FOR THE USE OF THE KEMPS LANDING BALL FIELDS Virginia Beach School Board. City of' Virginia Beach. Septcmberl, 2000 - August 31, 2020. One Dollar ($1.00) annually. RIGHTS AND RESPONSIBILITIES OF CITY: Will use leased premises for public recreational use. Will pay for all utilities and janitorial services. Will maintain leased premises. Will insure for public liability under its self-insurance program, and may against loss/casualty of personal property and leasehold improvements. Will sublease a portion of the ball fields to the Kempsville Pony Baseball Association for recreational use with terms and conditions satisfactory to the City. RIGHTS AND RESPONSIBILITIES OF SCHOOL BOARD: Will allow City use of School Board parking areas at the Kemps Landing Magnet School subject to any special events or activities sponsored or involving the Kemps Landing Magnet School. TERMINATION: Either party may terminate by providing the other party 120 days notice. F:\Users\VValldej\WP\BZA\kemps.lease.sum - 23 - Item V-J3. ORDINANCES/RESOL UTION ITEM # 47057 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Oty Council ADOPTED: Ordinance to A UTHORIZE the Oty Manager to execute a lease between the City and the VIRGINIA BEACH COMMUNITY ORCHESTRA, INC. re office space at the Pavilion. Voting: ] 1-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones', Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND VIRGINIA BEACH COMMUNITY ORCHESTRA, INC. FOR OFFICE SPACE IN THE PAVILION CONVENTION CENTER 9 l0 12 :1.3 14 15 16 17 21.9 2O 23. 22 23 24 25 26 WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel of land together with all improvements, located at 1000 19th Street, Virginia Beach, Virginia, known as the Pavilion Convention Center (the "Pavilion"); WHEREAS, approximately 884 square feet of office space located in the Pavilion (Exhibit A) is currently vacant due to the relocation of the Special Events and Film Office; WHEREAS, the Department o fConvention and Visitor Development has determined that the said office space should be leased to a lessee whose operations would be consistent and compatible with the Pavilion organization; WHEREAS, city staff undertook a canvassing of the arts community of the City of Virginia Beach to locate a suitable lessee; WHEREAS, the Virginia Beach Community Orchestra, Inc. desires to lease the said 884 square feet of office space at the Pavilion to be used as an administrative office; and WHEREAS, city staffhas determined the Virginia Beach Community Orchestra, Inc. to be a suitable and compatible lessee. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease between the City and the Virginia Beach Community Orchestra, Inc. for use of approximately 884 square feet of office space at the Pavilion in accordance with the Summary of Terms attached hereto, and containing such other terms as are acceptable to the City Manager and approved by the City Attorney. LOCATION MAP OF PAVILION CONVENTION CENTER SITE FOR LEASE OF OFFICE SPACE TO VIRGINIA BEACH COMMUNITY SCALE: 1" = 500' PREPARED BY P/W ENG. DRAFT. 7-17-00 SUMMARY OF TERMS LEASE FOR OFFICE SPACE AT THE PAVILION CONVENTION CENTER LESSOR: City of Virginia Beach. LESSEE: Virginia Beach Community Orchestra, Inc. TERM: August 1, 2000 - July 31,2001 - Initial Term. Lease may be renewed for four (4) additional one-year terms. RENT: Nine Thousand Six Hundred Dollars ($9,600.00) annually. Each renewal will require escalation based upon the Consumer Price Index (CPI-U) for calculation of future rent payments RIGHTS AND RESPONSIBILITIES OF VIRGINIA BEACH COMMUNITY ORCHESTRA, INC.: Will use currently vacant office space for general administrative offices. Will not sublease or assign the Lease, in whole or in part, without the City's written consent. Will maintain Leased Premises. Will indemnify and hold harmless the City for any and all claims for personal injury, death or property damage occurring on or about the Leased Premises or arising in conjunction with the use and occupancy of the Leased Premises by Lessee or others claiming under Lessee. Will procure and maintain general commercial liability insurance with policy limits of not less than $1,000,000 combined single limits (CSL) per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: Will provide utilities, except for telephone, and janitorial services. TERMINATION: City may elect to terminate if the Leased Premises is damaged in whole or in substantial part with 90 days notice to Lessee and upon default of Lessee with 30 days notice. City may also terminate the Lease with 60 days notice to Lessee in the event such termination is necessary for any public purpose upon action by City Council. F :\Data\ATY\Ordin'xNONCODE\ca7787.sum. terms, wpd Item V- d. 4. a/b. - 24 - ORDINANCES/RESOL UTION ITEM # 47058 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City CounciI ADOPTED: Virginia Department of Transportation lq/DOD programing: Ordinance to A CCEPTandAPPROPRIA TE $2,450,000 of Congestion Mitigation and Air Quality (CMAQ,) re computerized traffic signal system upgrade and replacement of vehicle video detection system Resolution to establish an urban highway project; and, the City to pay its share of the total cost Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William I'E. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE $2,450,000 OF CONGESTION MITIGATION AND AIR QUALITY FUNDING FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO CAPITAL PROJECT #2-039, COMPUTERIZED TRAFFIC SIGNAL SYSTEM UPGRADE/REPLACEMENT, FOR THE PURPOSE OF PROVIDING CITY-WIDE SIGNAL SYSTEM UPGRADE AND VEHICLE VIDEO DETECTION SYSTEMS 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, Congestion Mitigation and Air Quality funding totaling $2,450,000 was approved by the Hampton Roads Planning District Commission for the purpose of providing city-wide signal system upgrade and vehicle video detection systems and is included in the Virginia Department of Transportation Six-Year Improvement Plan; WHEREAS, the City Council created Capital Project # 2- 039, Computerized Traffic Signal System Upgrade/Replacement, in the FY 2000-01 Capital Budget to update the existing vehicle management system; and WHEREAS, no City match is required. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That Congestion Mitigation and Air Quality funding in the amount of $2,450,000 is hereby.accepted from the Virginia Department of Transportation ("VDOT") and appropriated to Capital Project #2-039, Computerized Traffic Signal System Upgrade/Replacement. 2. That estimated revenue from the federal government is hereby increased in the amount of $2,450,000. 3. That the City Manager is hereby authorized to enter into all agreements with VDOT required to complete this project, subject to the approval of such agreements by the City Attorney. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the ~ day of August , 2000. CA-7803 ORDIN\NONCODE\TRAFFIC SIGNAL.ORD AUGUST 15, 2000 R3 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management S City Attorney's Office 2 PROJECT PROGRAMMING RESOLUTION: TRAFFIC SIGNAL SYSTEM UPGRADE AND VEHICLE VIDEO DETECTION PROJECT 5 6 7 8 lO 11 12 13 14 15 16 17 18 WHEREAS, in accordance with Virginia Department of Transportation ("VDOT") construction allocation procedures, it is necessary that a request, in the form of a City Council resolution, be made for VDOT to program an urban highway project in the City of Virginia Beach. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City of Virginia Beach, Virginia hereby requests the Virginia Department of Transportation ("VDOT") to establish an urban highway project for a city-wide traffic signal system upgrade and a vehicle video detection project. 2. That the City of Virginia Beach hereby agrees (i) to pay its share of the total costs for preliminary engineering, right of way acquisition and construction of this project, pursuant to Code of Virginia § 33.1-44, and (ii) to reimburse VDOT, if the City Council subsequently elects to cancel the project, for the total amount of the costs expended by the Department through the date the Department is notified of such cancellation. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of August ,2000. CA-7810 ORDIN~NONCODE\Signal Upgrade.Res July 28, 2000 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City Attomey'~Offic'e '" - 25 - Item V- J. 5. ORDINANCES/RESOL UTION ITEM # 47059 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIA TEa $ 76, 728 grant from the Virginia Department of Alcoholic Beverage Control Board (ABC) to the FY 2000-01 operating budget of the Police Department re underage drinking. Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $76,728 GRANT FROM THE VIRGINIA DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL TO THE FY 2000-01 OPERATING BUDGET OF THE POLICE DEPARTMENT TO PROVIDE FUNDING TO EDUCATE THE PUBLIC ON THE DANGERS OF UNDERAGE DRINKING 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 WHEREAS, the Virginia Beach Police Department has been awarded $76,728 from the Virginia Department of Alcoholic Beverage Control to provide operating expenses for the purpose of educating the public, including youth, on the dangers and consequences of underage drinking; and WHEREAS, the grant requires no match of City funds. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $76,728 grant is hereby accepted from the Virginia Department of Alcoholic Beverage Control and appropriated to the FY 2000-01 Operating Budget of the Police Department to fund efforts to educate the public, including youth, on the dangers and consequences of underage drinking. 2. That estimated revenue from the Commonwealth is hereby increased in the amount of $76,728. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of AUGUST , 2000. CA7838 F:~Data~ATY~Ordin[NONCODE~ABC Grant.ord.wpd August 9, 2000 R2 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ ~ity Attorney~'Offi} a Iemor ndum Subject: Final Financial Clearance on Application #2000-5520-VA-AH, Virginia Alcoholic Bevera§e Control; "Enforcing Underage Drinking Laws" December 2.1, 1999 To: Jennifer Capps for Shade C_antelon Johnnie Peterson~c.b,[x: OJJDP OC/FSB C~~ The Office of the Comptroller has reviewed the subject al~i:)lication for funding approval. Casts appear allowable, reasonable and consistent with ONce of Justice Progra. m re~uladons. PERSONNEL $0 FRINGE BENEFITS 0 TPokVEL 35,704- EQUIPMENT 0 SUPPLIES 18,568 CONTP, ACTUAL 79,057 OTHER 266..671. TOTAL Df RECT COST $ 400,000 INDIRECT COST 0 TOTAL PROJECT COST ~ Federal Share $40O,0O0 This JiTant program has no match requirement. The fiscal integrity wu performed and no exceptions were noted. The applicant is a unit of mate ~=ovemment, therefore, a Hnandal Capability Questionnaire is not required. A review of COP$IOJP FINC~,P revealed that the vendor number 546-001-702 is correct for this apptlont. The approved budget clear.~nce l{~ed above includes the recla~ftcadon of $:3,600 from the travel cost category tO' the Pale I of 7 I I I ocher co~c c~:e,*ory and $2,000 from ~e supplie~ cog ca[e~orY [o ~e o~er co~ c:[e~o~. Since ~ese items were red~ified ~om ~e ~udge[ subm~ed by ~e ~ppiic~n[, ;~e pro~m o~ce ~hould info~ ~e ;pp/Jc~n[ o(the recla~ificado~. All fin~nc/al~udge~ issues brought to ~e e~en~'on of ~e prog~m o~ce prior to ~ls ~n~ncJ=l cJea~nce,- - have been 5~E~facto~ly ~5olved. ~e det;ff concern[n~ ~1~ c/ea~nce i~ contained in ~e appl[c=Eon file ~;t w/ll be ~ncorpo~ed into ~e o~cMI g~nt file upon processtn~ completion. Pale 2 of 2 ~O/~O'd iF:% 00, Z 5nH 90~7-Zf~-~OS:Xej NOIL~2dO 'qHI33dS .-xU~.;.-08'00(TUEi 13'4~1 ABGGENTRALOFFI($E TEL'9804213457,1 P. 002 COMMONWEALTH of V' RQINIA co,,...,~s,o~-RS c~,~-~cE ,,. ~OBE.~=s. c,~ Department of Alcoholic Beverage Control 5AND~ C. CANADA CLATZ~ C. MO~G~ J~Y 7, 2O00 2~01 [-~RIM['rAGE ROAD P, O. BOX 27.191 R.ICI-I~OND. vI'RGI]q'IA 23251 (804) F,~ (~1o4) 213---~11 TDD LOCAL (BO4) SECFJ~TARY TO THE BOARD w. CURTIS COL~'-BUYa, N. ILl Scott E. Wichtendahl Master Police Officer Police [-T~dquarters Mtmicipal Center, Building 11 2509 Princ-,:ss Anne Road Vir~nia Beach, VA 23456-9064 De.~ Scott: I h~pe things are going well in Virginia Beach. I jus-t wanted t~ touch base with you mgaxding the Discret~onaxy Grant your community is a part of. I know the summer is a busy time for Virginia Beach, but I hope it has been relaxing for you as w¢lll I am simply curious how things arc going with the VA Beach Coalition. Do you have any idea when your fixax coalition meeting will be? Please remember you can call or e-mail me with any questions at any time[ Attached is a hard copy of what I sent you over c-mail. It is an abstract of the Discretiona~y Grant along with a budget breakdown. The budget may be different fi.om the original one you receive& It has been modified. This is the most up-to-date budget we have. This may be useful for you and the coalition when searching for memberL You may want to consider giving them a copy of this rather than the entire grant. Of course you may do whatewr worlc~ best for your coalition. Again, please call with any questions. Thc t-I~spitality Re$ourc~ Training which was scheduled for October has been canceled. Al~er carefully reviewing the aox:ds of each of thc four commtmides we have decided the Hospitality Resource Panel does not fit the current need~ af tach c~mmtmity. Therefore we will be replacing it with a different training, Thc new traimng is tentatively w. heAuled for thc last week in Novem~r. It will be a 2 day training, and the locadon currently is Charloaesville. Again the training will be for 5-10 of the coalition members. I will be sm'e to keep you UlXlated and pass along information as I receivc it. I hope m hem'from you soon. Please let me know Lf there is anything [ can do to help you, or Lfyou have any quesdon.~. Sincerely~... {,..) Education Coordinator VA ABC: Virginia's Communities Working Together VA ABC and its communities will continue to combat and enforce underage drinking a~ross the Commonwealth. The overall goal of the funded proposal is to select and develop a comprehensive strategy to reduce underage drinking in the four communities ofBlacksburg, Farmville, City of Richmond and Virginia Beach. This will be accomplished through three major approaches: 1. Communities: -Will enhance their alliances With the hospitality industry as well as business associations, government agencies, local and state law enforcement, health agencies, state agencies (VA ABC), prevention and education offices, higher education and community groups. A. Training tentatively set for the last week in November to train 5-10 members. More information will follow. The Hospitality Resource Panel has been canceled. B. TIPS (Training for Intervention ProcedureS): Approximately four community volunteers will be trained to assist local servers and sellers of alcohol in the prevention of illegal sales to underage and/or intoxicated patrons and the prevention of drunk driving. (VA ABC Special Agent training may serve in place of the TIPS program with approval from the Education Section, VA ABC). 2. Li~.W Enforcement: A. Training: Community law enforcement will be trained on the current Virginia ABC laws. B. Enforcement: Various enforcement activities will be employed to combat underage drinking. After assessing the current needs of the community, these activities may include, but are not limited to, the Shoulder Tap program, Underage Buyer and Cops in Shops. 3. Youth: A. Youth Training: Student activist training will be held for community youth. (No specifications on what' age of youth are to be included--at community's discretion. However, we recommend middle and high school. MADD offers a program at no charge.) B. Youth Forum: Community must host a youth forum to address the issue of underage drinking. Again, the individual community determines the format. !5'45 ABCCENTR,ALOFFICE TEL'9~04}I~457,1 P. 004 VA ABC: Virginia's Communities Working Together ?er~orm~i: At this ~irne, all personnel from VA ABC will administer ~is grant as part of their regular job responsibilities. im:reased funding for enforcement and othor activities. Tra~l: PURPOSE OF TRAVEL Holplt~ljty R~source Panel (HRP) Training This I~ves [.OCAT[ON ITEM COMPUTATION (~OST Richmond Hotel $65xl 0x2 nights $1,300 h/finals $37x3 daysxl 0 $1,100 Travel ~.27/mi $557 $2,957 Each community will bring up la t 0 participants for the Virginia Hospitality Resource Panel Training. This training was budgeted to be a 3-day, 2 night training, but has since been cut back to a 2 day, I night training. Therefore additional monies should be available out of'tMs budget linc. (LIJDP Training Reno, NV Hotel Meals Travel Each community will be required to participate in thc OJJDP training sessions. This includes and two evaluators. $70×2 nights xlpemon x4 trainings $560 $38x3 days xl person x4 ~ralnings $456 ~.27/mi x 4 trainings $2,075 $3,09 I one coordinator from each community TOTAL FOR TRAVeL/TRAINING: $6,048 All money for txavel/~ining will be retained by VA ABC and will bc spent out on a reimbursement basis. Any remaining fimds will ba oqually distributed among ~he four communities. Supplies: ~ COMPUTATION COST Youth Forum $1,000xi community Sl,000 Each community will have $l,000 to be uxed to publicize the event, mau:rlals for the forum, evaluation, facility rental and food. Com~un/rff meeting! $100/mo x 24 mos xl commtmiLy $2,400 This amount has been budgeted for each community for office supplies, postage, printing and food for monthly meetings. Other: Investigative Activltieg/Ove~lme Underage Buyer Cops in Shops Shoulder Tap LOCATION ITEM TOTAL FOR SUPPLIES: $3,400 COMPUTATION COST $21,755.92 xl community $21,755.92 $21,755.92 ×1 community $21,755.92 $21,755.92 xl community $21,755.92 Through training and meeting.q, each community will identify the specific way in which they will handle enforcement efforts. Money will be used for overtime for the above named programs. T~PS Training TBD Hotel $65xl x4 $260 Meals $37x2x4 $296 Travel ~. 27/mi $56 Rogistration $225x4 _$9_00 $1,512 Each community will send 4 individuals to be certified to become a TIPS trainer. This is a I night, 2 day training. There is registration fee. Student Activh, t Training . $500xl commtmity $500 Each commtmity will have $500 to use ['or u'aining material.q, facility rental, advertisements and rood for the training. TOTAL FOR 'OTHER': [rOTAL OF GRANT: $76,7~7.7~ - 26- Item V-ff. 6. ORDINANCES/RESOL UTION ITEM # 47060 Upon motion by Vt'ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to A CCEPTand APPROPRIA TE a $41,239 grant from the Federal Emergency Management Agency (FEMA) to the FY 2000-01 operating budget of the Fire Department re development of video training and production Voting: 11-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $41,239 GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FY 2000-01 OPERATING BUDGET OF FIRE DEPARTMENT FOR THE DEVELOPMENT OF TRAINING MATERIALS 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, the Federal Emergency Management Agency ("FEMA") provides grants to eligible organizations to produce training materials; WHEREAS, the City's Fire Department has historically developed training materials for FEMA and is one of the few departments in the country that has the ability to develop these types of training materials; and WHEREAS, FEMA will provide a $41,239 grant to the City in return for the production of six thirty-minute training videos, and since production costs will only be approximately $20,000, the remaining funds can be used to improve video production capabilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a $41,239 grant is hereby accepted from the Federal Emergency Management Agency and appropriated to the FY 2000-01 Operating Budget of the Virginia Beach Fire Department to be used for the development of training videos and the improvement of its video production capabilities. 2. That estimated Federal revenues are hereby increased by $41,239. Adopted the 22 day of AUGUST2000, by the Council of the City of Virginia Beach, Virginia. 31 32 33 34 CA7837 F:kData~ATY~Ordin~NONCODE[FEMA Video.ord.wpd August 9, 2000 R2 35 36 37 38 APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFI CI ENCY Management Service~ City Attorney's Office FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE AWARD/AMENDMENT 1. ASSISTANCE INSTRUMEN¥ 2. fYPE OF ACTION · ~ COOPERATIVE AGREEMENT [] GRANT [] AWARD 3. INSTRUMENT NUMBER 4. AMENDMENT NUMBER 5. EFFECTIVE DATE EME-2000-CA-0379 7. RECIPIENT NAME AND ADDRESS City of virginia Beach Fire D~partment 927 South Birdneck Road Virginia Beach VA 23451 ] AMENDMENT 6. CONTROL NUMBER E333678Y ' 8. ISSUING/ADMINISTRATION OFFICE National Emergency Training Center Satellite Procurement Office Building E 16825 South Seton Avenue Emmitsburg MO 21727 Specialist: Kim Logue (301) 447-1266 9. RECIPIENT PROJECT MANAGER 10. FEMA PROJECT OFFICER Pat Cameron (757) 437-6391 Sue Downin (301) 447-1073 11. ASSISTANCE ARRANGEMENT [] COST REIMBURSEMENT [] COST SHARING FIXED PRICE OTHER 12. PAYMENT METHOD [] TREASURY CHECK REIMBURSEMENT [] ADVANCE CHECK [] LETTER OF CREDIT 13. PAYMENT OFFICE National Emergency Training Center Budget and Finance, E-104 16825 South Seton Avenue Emmitsburg MD 21727 14. ASSISTANCE AMOUNT PREVIOUS AMOUNT $0.00 AMOUNT THIS ACTION $41,239.00 $41,239.00 TOTAL AMOUNT 15. ACCOUNTING & APPROPRIATION DATA See Continuation Page 16. DESCRIPTION OF PROJECT The purpose of this cooperative agreement is to produce a sedes of six (6) thirty-minute videotapes on emergency management response issues. The tapes will be aired over the Virginia Beach Cable System and EENET. 17. RECIPIENT REQUIREMENT [] RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO THE ISSUING/ADMIN OFFICE IN BLOCK 8. [] RECIPIENT IS NOT REQUIRED TO SIGN THIS DOCUMENT. 18. RECIPIENT (Type name and title) 20. SIGNATURE OF RECIPIENT DATE FEMA Form 40-21, APR 0'~ 19. ASSISTANCE OFFICER (Type name and title) Bryan S. McCreary Assistance Officer 21. SIGNATURE OF ASSISTANCE OFFICER REPLACES E~ITION OF JUL 84, WHICH IS OBSOLETE. DATE Item V- d. 7. a. -27- ORDINANCES/RESOL UTION ITEM # 47061 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of existing City easement shown as a man made canal located within the Lago Mar subdivision to construct and maintain pier, lift, rip rap, bulkhead and boat ramp: RICHARD B. JR. and LA URIE A $OUTHARD at 2400 Brasileno Drive 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 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. 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 applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 7. The applicant shall 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 applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must 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. 8. The temporary encroachment must conform to the minimum setback requirements, as established by the City. August22, 2000 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CERTAIN CITY PROPERTIES BY RICHARD B. JR. AND LAURIE A. SOUTHARD, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, RICHARD B. JR. AND LAURIE A. SOUTHARD, desire to construct and maintain a boat ramp, rip rap, bulkhead, pier and lift into a portion of an existing City drainage easement shown as a man made canal located within the Lago Mar Subdivision and being situated adjacent to GPIN 2424-02-2572. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's easement 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 Richard B. Jr. and Laurie A. Southard, their heirs, assigns and successors in title are authorized to construct and maintain a boat ramp, rip rap, bulkhead, pier and lift into a portion of the existing City drainage easement shown as a man made canal located within the Lago Mar Subdivision as shown on the map entitled: "SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL- AT: 2400 BRASILENO DRIVE, VA. BEACH, VA 23456" · APPLICATION BY: RICHARD SOUTHARD, JR. · SHEET 1 OF 6 · DATE: SEPT. 8, 1999", a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between 3O 31 32 33 34 35 36 37 38 the City of Virginia Beach and RICHARD B. JR. AND LAURIE A. SOUTHARD ("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. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as RICHARD B. JR. AND LAURIE A. SOUTHARD and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the _22__ day of AUGUST ,2000. 39 4O PREPARED: July 27, 2000 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AN~RM CITY A~"~ ~Rlq~~-~ TE LOCATION MAP SCALE: 1" -- 1,600' LOCATION /? MAP /J L' FOR .' 2400 BRASILENO DRIVE SCALE: 1" - 100' FILE' BRASILENO2400.DGN PREPARED BY P/VV ENG. DRAFT. 7/17./00 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-81 ! (a)(3) AND 58. 1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this-'~/._~7~ day of/ t3_~~. ,200~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and RICHARD B. JR. AND LAURIE A. SOUTHARD, husband and wife, THEIR HEIRS, 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 "SECTION 6 · PHASE 3 · PART-B · LOT 231" and being further designated and described as "2400 Brasileno Drive, Virginia Beach, Virginia 23456 · GPIN 2424-02-2572"; That, WHEREAS, it is proposed by the Grantee to construct and maintain shoreline improvements consisting of a boat ramp, rip rap, bulkhead, pier and lift, "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 85' drainage easement located at the rear of 2400 Brasileno Drive, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2424-02-2572 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 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: "SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2400 BRASILENO DR. · VIRGINIA BEACH, VA 23456. APPLICATION BY: RICHARD SOUTHARD, JR. · SHEET 1 OF 6 · DATE: SEPTEMBER 8, 1999" 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 sucl~ removal. It is further expressly understood and agreed that the Grantee shall indemnify ant 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 defen¢ an action arising out of the location or existence of the Temporary Encroachment. 2 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. 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. It is further expressly understood and agreed that the Grantee must obtain a permit fi.om 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 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 Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional 3 engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the 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, RICHARD B. JR. AND LAURIE A. SOUTHARD, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk .----- LAtSRIE A. SOUT~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 , by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 day of , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 STATE OF ~ CITY/COUNTY 6F -'~'r~,~k ~.~, to-wit: The foregoing instrument was acknowledged before me this dr,,. ~.)/ ,20 0~, by LAURIE A. SOUTHARD. ! day of Notary Public My Commission Expires: STATE OF V~ CITY/COUNTY C~F '~t~ ffe',~t, to-wit: The foregoing instrument was acknowledged before me this ,20 o~, by RICHARD B. SOUTHARD, JR. day of My Commission Expires: Notary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTIJRNEY - APP[}OVED AS TO CONTENT ~C, rITY REAL ESTATE AGENT PROPOSED BOAT RAMP o~.~ PIN(F)' PIN - B: 25.0' PIN - C: 40,0' NOTE: IF BOAT RAMP IS NOT INSTALLED, RIPRAP FROM PT. 'A' TO PL 'B'. PROPOSED RIPRAP REAR PL AND ~ OHW +2.4' ARE THE SAME ALONG PROPOSED BULKHEAD.' LOT 232 N/F JEFFREY L. MILLER 2424-02-1542 DRAINAGE EASEMENT (TYP) CANAL N/F CITY OF VIRGINIA BEACH 2424--02-457.3 PROPOSED AND FILL PROPOSED PIER & LIFT PIN(F)~ / / / / / / / LOT 231 / PIN(F) / Exhibit "A" PIN(F) / A-=4J. 85o LOT 230 N/F LAGO MAR ASSOC. LLC 24-24-02-4405 BRASILENO DRIVE LAT: N 36'45'09" (50' R/W) LON: W 75'59'06" © 1999 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. PURPOSE: EROSION CONTROL DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNERS 1. JEFFREY L. MILLER 2. CITY OF VIRGINIA BEACH 5. LAGO MAR ASSOC. LLC WATERFRONT CONSULTING, INC 4698 HANOVER COURT VIRGINIA BEACH, VA 2,.3464 PHONE/FAX: (757) 495-8566 MOBILE: (757) 717-2560 PLAN VIEW SCALE 1" = 40' SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2400 BRASILENO DR. VIRGINIA BEACH, VA 23456 APPLICATION BY: RICHARD SOUTHARD, dr. SHEET 1 OF 6 DATE: SEPTEMBER 8, 1999 Item V- ~. 7 b. - 29 - ORDINANCES/RESOL UTION ITEM # 47O62 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of existing City easement shown as a man made canal located within the Lago Mar subdivision to construct and maintain pier, lift, rip rap, bulkhead and boat ramp: KEITH G. and PAMELA T. HOPKINS at 2409 Brasileno Drive 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. 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 applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. It is further expressly understood and agreed that the applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 7. The applicant shall 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 applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must 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. 8. The temporary encroachment must conform to the minimum setback requirements, as established by the City. August 22, 2000 Item V- d. 7 b. - 30 - ORDINANCES/RESOLUTION ITEM tt 47062 (Continued) 10. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office. 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 such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such port~on of the City's right-of-way encroached upon 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 specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, .Ir., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CERTAIN CITY PROPERTIES BY MR. AND MRS. KEITH G. HOPKINS THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, KEITH G. AND PAMELA T. HOPKINS, husband and wife, desire to construct and maintain a pier and lift, rip rap, bulkhead and boat ramp into a portion of existing City easement shown as a man made canal located within the Lago Mar Subdivision and being situated adjacent to GPIN 2424-02-3177. WHEREAS, City Council is authorized pursuant to § § 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize 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 KEITH G. HOPKINS AND PAMELA T. HOPKINS, husband and wife, their heirs, assigns and successors in title are authorized to construct and maintain a pier and lift, rip rap, bulkhead and boat ramp into a portion of the existing City drainage easement shown as a man made canal located within the Lago Mar Subdivision as shown on the map entitled "SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2409 BRASILENO DR. VIRGINIA BEACH, VA 23456 APPLICATION BY: KEITH G. HOPKINS · SHEET 1 OF 6 · DATE: SEPTEMBER 8, 1999" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between 3O 31 32 33 34 35 36 37 38 the City of Virginia Beach and KEITH G. AND PAMELA T. HOPKINS, (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. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as KEITH G. AND PAMELA T. HOPKINS and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the __22__ day of AUGUST ,2000. 39 40 41 PREPARED: July 31, 2000 APPROVED AS TO CONTENTS SIGNATURE APPROVED AS TO Lt~a~L SUFFICIENCY AND I~ORM CITY ATTO~RNEY-''~ 2 // LO~TION MAP --SITE SCALE: 1" = 1,600' LOCATION '2409 / // MAP BRASILENO SCALE: 1" : 100' FILE' BRASILENO2409.DGN FOR DRIVE PREPARED BY P,/W ENG. DRAFT. 7/12,00 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 / between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and KEITH G. HOPKINS AND PAMELA T. HOPKINS, husband and wife, THEIR HEIRS, 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 "SECTION 6 · PHASE 3 · PART-B · LOT 228" and being further designated and described as "2409 Brasileno Drive, Virginia Beach, Virginia 23456 · GPIN 2424-02-3177 That, WHEREAS, it is proposed by the Grantee to construct and maintain shoreline improvements consisting of a pier and lift, rip rap, bulkhead and boat ramp, "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 75' drainage easement located at the rear of 2409 Brasileno Drive, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GP1N 2424-02-3177 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 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: "SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2409 BRASILENO DR. · VIRGINIA BEACH, VA 23456 · APPLICATION BY: KEITH G. HOPKINS · SHEET 1 OF 6. DATE" SEPTEMBER 8, 1999" 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. 2 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. 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. 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 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 Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional 3 engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the 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, KEITH G. AND PAMELA T. HOPKINS, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk PAMELA T. HOPKINS KEITH G. HOPI~NS STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 , by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: 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 OUNTY OF ~,~r~,/~ ~,~', to-wit: The foregoing instrument was acknowledged before me this ~Jt~s,y' ,20 oa, by PAMELA T. HOPKINS. day of My Commission Expires: OUNTY OF Ott'rt~;~;,,~ to-wit: Notary Public The foregoing instrument was acknowledged before me this ,20~, by KEITH G. HOPKINS. day of My Commission Expires: Notary Public APPROVED AS TO LEGAL SUFFICIENCY CITY ATTORI:qEY'"/ I I CITY REAL ESTATE AGENT 6 OLW -0.4'~ ~ z ~ -4 OHW +2.4' CONC. PAD AND LOT 80 N/F EDWARD S. WONG 2424-02- 5098 I LOT 81 N/F SAMUEL C. FLYNN 2424-02- 5021 , 40'40'00" W PROPOSED BOAT RAMP 12'x 213.01' MAN-MADE CANAL WIDTH OF CANAL 120' PROPOSED RIPRAP (TYP PROPOSED PIER &: LIFT PROPOSED iAD &: FILL NOTE: IF BOAT RAMP IS NOT INSTALLED, RIPRAP TO END AT PT. 'A'. LOT 229 N/F SURENDER BHAGIA 2424-02-5304 6' RETURN EA. END OF BULKHEAD PIN~ PIN(F) LOT 82 N/F P. WADE KYI_E 2424-01-4945 PROPOSED ,-~ PIER & UFT · ' - OLW -0.4' · ' ~ OHW +2.4 20" DRNNAC-~ F-~3d[NT PIN(F) LOT 228 LOT 225 N/F I_AGO MAR ASSOC. LLC 2424-02-2048 PIN(F) Exhibit A LAT: N 36'45'09" LON: W 75'59'06" (~ 1999 WATERFRONT CONSULTING, INC. PURPOSE: EROSION CONTROL DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNERS 1. SURENDER BHAGIA 2. EDWARD S. WONG 5. SAMUEL C. FLYNN 4. P. WADE KYLE 5. LAGO MAR ASSOC. LLC 6. PAUL A. JOSEPH 62,44' ALL RIGHTS RESERVED. LOT 226 N/F PAUL A. JOSEPH 2424-02-115g PIN(F) DRIVE PLAN VIEW SCALE 1" = 50' WATERFRONT CONSULTING, INC 4698 HANOVER COURT VIRGINIA BEACH, VA 23464 PHONE/FAX: (757) 495-8566 MOBILE: (757) 717-2560 SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2409 BRASILENO DR VIRGINIA BEACH, VA 25456 APPLICATION BY: K. HOPKINS SHEET 1 OF 6 ~DATE: SEPTEMBER 8, 1999 Item V- d. 7 c. -31 - ORDINANCES/RESOL UTION ITEM # 47063 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize temporary encroachment into a portion of existing City easement shown as a man made canal located within the Lago Mar subdivision to construct and maintain pier, lift, rip rap, bulkhead and boat ramp: ROY H. and RHONDA M RECHKEMMER at 2413 Brasileno Drive The following conditions shall be require& 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. 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 applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the encroachment area. 7. The applicant shall 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 applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must 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. 8. The temporary encroachment must conform to the minimum setback requirements, as established by the City. August 22, 2000 Item V- d. 7 c. - 32 - ORDINANCES/RESOLUTION ITEM # 47063 (Continued) 10. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office. 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 such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon 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 specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 1 !-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyers E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CERTAIN CITY PROPERTIES BY ROY H. AND RHONDA M. RECHKEMMER, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ROY H. AND RHONDA M. RECHKEMMER, husband and wife, desire to construct and maintain a pier and boat lift into a portion of existing City drainage easement shown as a man made canal located within the Lago Mar Subdivision and being situated adjacent to GPIN 2424-02-2437. WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 2107, Code of Virginia, 1950, as amended, to authorize 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 ROY H. AND RHONDA M. RECHKEMMER, husband and wife, their heirs, assigns and successors in title are authorized to construct and maintain a pier and boat lift into a portion of the existing City drainage easement shown as a man made canal located within the Lago Mar Subdivision as shown on the map entitled "SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2413 BRASILENO DR. · VIRGINIA BEACH, VA 23456 · APPLICATION BY: ROY H. AND RHONDA M. RECHKEMMER. SHEET 1 OF 6-DATE: SEPTEMBER 8, 1999" a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between 3O 31 32 33 34 35 36 37 38 the City of Virginia Beach and ROY H. AND RHONDA M. RECHKEMMER, (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. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as ROY H. AND RHONDA M. RECHKEMMER and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22 day of AUGUST ., 2000. 39 40 41 CA- 7Fl PREPARED: July 31, 2000 ------------t-APPROVED. AS TO CONTENTS SIGNATURE . / DEPARTMENT APPROVED AS TO LEGAL CITY ATTOllNEY~ 2 // LOCATION MAP --.SITE SCALE : 1" = 1,600' eee eli eee e~e / ! LOCATION / / / / !~ _ ~ / / / / ,i-~ ¥ / Ch / / MAP FOR , ~2413 BRASILENO DRIV PREPARED BY P/W ENG. DRAFT. 7/12/00 P~PA~D BY VIRGINIA BEACH CITY A~O~EY'S OFFICE EXEMPTED FROM ~CO~ATION TAXES ~DER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMB~SEMENT AUTHORIZED UNDER SECTION 25-249 1 THIS AGREEMENT, made thist2~_~ ~day of [~ ]6//., ~t ,20 t'J~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ROY H. AND RHONDA M. RECHKEMMER, husband and wife, THEIR HEIRS, 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 "SECTION 6 · PHASE 3 · PART-B · LOT 227" and being further designated and described as "2413 Brasileno Drive, Virginia Beach, Virginia 23456 · GPIN 2424-02-2237"; That, WHEREAS, it is proposed by the Grantee to construct and maintain shoreline improvements consisting of pier and lift, "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 75' drainage easement located at the rear of 2413 Brasileno Drive, "The Temporary Encroachment Area"; and the Grantee has requested that the City permit a Temporary Encroachment within The Encroachment Area. GPIN 2424-02-2237 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 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: "SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2413 BRASILENO DR. · VIRGINIA BEACH, VA 23456. APPLICATION BY:ROY H. JR. & RHONDA M. RECHKEMMER · SHEET 1 OF 6 · DATE" SEPTEMBER 8, 1999" 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. 2 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. 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. 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 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 Grantee must submit for review and approval, a survey of The Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the 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, ROY H. JR. AND RHONDA M. RECHKEMMER, the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager 4 (SEAL) ATTEST: City Clerk RHONDA M. RECHKEMMER STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 , by DESIGNEE OF THE CITY MANAGER. day of , CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ,20 day of , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public 5 STATE OF _~(d/~c~c~c~c~c~c~.. CITY/COUNTYOF ~l~firll~i~ ,~"j~o-wit: The foregoing instrument was acknowledged before me this M/~ c.7 ,2000, by RHONDA M. RECHKEMMER. day of Notary Public My Commission Expires: EOF '~fr2a,~'~' COUNTY OF '~t~;&t'a/t'fl- ~E~i~ to-wit: The foregoing instrument was acknowledged before me this du.t.. )/ ,20 oo, by ROY M. RECHKEMMER.. day of My Commission Expires: Notary Public APPROVED AS TO LEGAL SUFFICIENCY - CITY ATTO'RNE¥~' I APPRO/VED AS TO CONTENT REAL ESTATE AGENT 6 LOT 80 N/F EDWARD S. WON(; 2424-02-5098 OLW OHW CONC. PAD AND PROPOSED RAMP 12' x 36' NOTE: IF BOAT RAMP IS NOT INSTALLED, RIPRAP TO END AT PT. 'A'. LOT 229 N/F SURENDER BHAGIA 242~,-02-5504 20' DRAINAGE EASEMENT PIN(F) LOT 81 N/F SAMUEL C. FLYNN 2424-02-5021 40'40'00" W 215.01' MAN-MADE CANAL WIDTH Of CANAL 120' PROPOSED RIPRAP (TYP PROPOSED PIER & LIFT PROPOSED BULKHEAD & FILL 6' RL-ItJRN EA. ENDOF BULKHEAD PIN PIN(F) LOT 228 LOT 82 N/F P. WADE KYLE 2424-01-494.3 PROPOSED PIER & UFT "--OLW -0.4' ' ~ OHW +2.4 LOT 225 N/F IAGO MAR ASSOC. LLC 2424-02-2048 2-STY-BRK Exhibit "A" tAT: N 36'45'09" LON: W 75'59'06" (~) 1999 WATERFRONT CONSULTING, INC. PURPOSE: EROSION CONTROL DATUM: NVGD MSL 0.00' ADJACENT PROPERTY OWNERS 1. SURENDER BHAGIA 2. EDWARD S. WONG 3. SAMUEL C. FLYNN 4. P. WADE KYLE 5. LAGO MAR ASSOC. LLC 6. PAUL A. JOSEPH LOT 226 N/F PAUL A. JOSEPH 2424-02-1159 LOT 227 z PIN,F) N 44'10'00" E 62.44' ALL RIGHTS RESERVED. WATERFRONT CONSULTING, INC DRIVE PLAN VIEW SCALE 1" = 50' 4698 HANOVER COURT VIRGINIA BEACH, VA 23464 PHONE/FAX: (757) 495-8566 MOBILE: (757) 717-2560 SHORELINE IMPROVEMENTS IN: MAN-MADE CANAL AT: 2413 BRASILENO DR VIRGINIA I~EACH, VA 23456 APPLICATION BY: R. RECHK SHEET 1 OF 6 DATE: SEPTEMBER 8, 1999 Item V- J. 8. - 33- ORD INANCES/RES OL UTI ON ITEM ii 47064 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED: REFUNDS: License - $37,514.67 Trustee Tax - $ 3, 243.30 Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, ,Ir., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 FORM NO. C.A. 8 REV. 3~86 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID ABC COMMERCIAL CO USA ALA INC ANICOM INC BENNETr RICHARD L BIRDNECK VILLAS LLC CEGG ASSOCIATES LC CHESAPEAKE DRYVVALL & ACOUSTICS CONCRETE SPECIALTIES BY HERBERT COPELAND KENNETH P COX VIRGINIA TELCOM INC DIAMONDSTEIN MYRON EASTERN RESEARCH SERVICES INC FPVB LLC FRESH MARKET & DELI INC HAMLET & COMPANY INC HORIZON MEAT & SEAFOOD OF VA J A G GENERAL CONTRACTOR INC J R BURROWS INC J V GROUP LC KAPOS HELEN & PETE KREPPS DIANE A KUECHLER ROBERT G KUEYS GARDEN INC LINKHORN BAY ASSOCIATES LLC MOONEY JEANNE M NAPOLITANO ENTERPRISES INC PMI REALTY INC SANDBRIDGE REALTY INC SCHNEIDER MARK J SELECT GROUP INC THE SEVERTS JOHN W SHEPPARD MARSHALL E SIGNAL CORPORATION SIMPSON SHELTON L SNEAD MOORE MARKETING INC SOUTHEASTERN HOME VIDEO INC STUART RICHARD L WILSON FRANCES M 2000 07/20100 12.50 0.00 12.50 06/30/00 AU D IT 83.20 1.77 84.97 2000 07/17/00 1,141.14 0.00 1,141.14 2000 07/14/00 76.72 0.00 76.72 1997-2000 07/12/00 90.58 0.00 90.58 2000 07/07/00 34.57 0.00 34.57 1997-2000 07/17/00 329.59 0.00 329.59 05/02/00 AUDIT 433.04 0.00 433.04 2000 07/18/00 31.83 0.00 31.83 1998-2000 07/07/00 327.54 0.00 327.54 07/19/00 AUDIT 847.64 60.05 907.69 1997-2000 07/17/00 2,364.57 0.00 2,364.57 2000 07/12/00 40.00 0.00 40.00 08/29/00 AUDIT 428.59 69.35 497.94 04/21/00 AUDIT 432.31 8.14 440.45 07/03/00 AUDIT 534.77 89.81 624.58 06/29/00 AUDIT 71.34 15.45 86.79 2000 07/20/00 182.66 0.00 182.66 2000 07/20/00 1,333.94 0.00 1,333.94 2000 07/21/00 18.41 0.00 18.41 2000 07/20/00 19.87 0.00 19.87 2000 07/24/00 14.30 0.00 14.30 2000 07/17/00 50.45 0.00 50.45 2000 07/25/00 73.13 0.00 73.13 2000 07/14/00 1.00 0.00 1.00 07/03/00 AUDIT 304.78 47.11 351.89 2000 07/17/00 94.87 0.00 94.87 07/06/00 AUDIT 246.95 73.92 320.87 2000 07/17/00 668.87 0.00 668.87 07/10/00 AUDIT 36.89 4.46 41.35 06/30/00 AUDIT 435.23 14.50 449.73 1999 07/07/00 40.00 0.00 40.00 2000 07/25/00 1,429.05 0.00 1,429.05 07/07/00 AUDIT 12.08 2.72 14.80 06/30/00 AUDIT 433.04 133.47 566.51 07/10/00 AUDIT 1,152.72 68.02 1,220.74 07/17/00 AUDIT 188.60 52.14 240.74 2000 07/11/00 40.00 0.00 40.00 (~on{m|s~on&r ~:ff41~evenue '"'City Attorney's Office This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the 14,697.68 were approved by the Council of the 22 day of AUSrJST ~20 00 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME LICENSE DATE BASE INTEREST TOTAL YEAR PAID AMERICAN MATERIALS & CONSTRUCTION INC ANGOT-rl MICHAEL A OD B & J BELL ASSOCIATES INC BINDERS INC CARPET FASHIONS COASTAL TRAINING AND DEVELOPMENT INC EAST COAST CELLULAR INC EDWARDS ALDEN R FLOYD & FLOYD INC GLENN CORP HARKNESS CHARLES E JR JAMES MCGRAW INC JORDAN MARCIA E LYONS THOMAS J ET ALS LYONS THOMAS J JR ET AL MARKEN DISTRIBUTING INC NORTHWATER INVESTMENT ASSOCIATES PROFESSIONAL LANDSCAPES OF VA R T ATKISON BUILDING CORP SCOTT TAYLOR PLASTERING INC SKAHILL BRANDON J SOUTHERN KINETICS INC STERLING JEWELERS SULLYCO INC SUMMIT RESEARCH CORP 1998 07/25/00 50.00 0.00 50.00 2000 07/26/00 63.00 0.00 63.00 07/26/00 AUDIT 387.71 51.67 439.38 07/26/00 AUDIT 50.00 2.08 52.08 2000 07/26/00 240.82 0.00 240.82 07/27/00 AUDIT 400.00 0.00 400.00 06/08/00 AUDIT 9.88 0.00 9.88 07/26/00 AUDIT 40.00 1.67 41.67 1998-2000 07/25/00 521.48 0.00 521.48 2000 07/31/00 23.76 0.00 23.76 05/09/00 AUDIT 2,413.89 0.00 2,413.89 2000 07/27/00 1,833.36 0.00 1,833.36 2000 07/25/00 51.88 0.00 51.88 07/24/00 AUDIT 251.93 30.90 282.83 07/24/00 AUDIT 1,042.45 200.73 1,243.18 07/26/00 AUDIT 52.08 0.00 52.08 07/24/00 AUDIT 185.35 33.68 219.03 2000 07/27/00 27.03 0.00 27.03 07/27/00 AUDIT 40.00 5.33 45.33 2000 07/27/00 105.54 0.00 105.54 07/26/00 AUDIT 18.97 4.26 23.23 07/25/00 AUDIT 743.05 73.89 816.94 2000 07/25/00 147.93 0.00 147.93 2000 07/25/00 188.08 0.00 188.08 2000 07/31/00 13,524.59 0,00 13,524.59 Commis~oneF'of the I~evenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the · "~City A~Orney's Office 22,816.99 were approved by the Council of the 22 day of AUGUST ,2000 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING TRUSTEE TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for trustee tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME TRUS/== TAX DATE YEAR PAID BASE INTEREST TOTAL AQUAINVESTMENT ASSOCIATES 1997&1998 ~97-1/99 3,243.30 3,243.30 This ordinance shall be effective from date of adoption. The above abatement(s) totaling City of Virginia Beach on the $3,243.30 were approved 2 2 day of Certified as to~symer~ Philip J'.-~ellar~ ""' - - Commissioner of the Revenue Leslie L. Lilley City Attorney by the Council of the AUGUST ,20 O0 Ruth Hodges Smith City Clerk - 34 - Item V-K1. ORD INANCES/RES OL UTI ON ITEM # 47O65 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution appointing Christopher $. Bounton to the position of Assistant City Attorney, effective 1 September 2000. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 - 35 - Item V- K. 2. ORD INANCES/RES OL UTION ITEM # 47066 Upon motion by Vt'ce Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution to REQ UEST the Parks and Recreation Commission evaluate the proposal prepared by Arthur Hills and Associates re the renovation and expansion of Red Wing Golf Course, make recommendations concerning it's implementation and submit a report to City Council on or before October 31, 2000. (Sponsored by I~ce Mayor Sessoms and Council Members Branch and Harrison) Voting: l l-O (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 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 Requested by Vice Mayor William D. Sessoms, Jr., Councilmember Linwood O. Branch, III, and Councilmember William W. Harrison, Jr. A RESOLUTION REQUESTING THE PARKS AND RECREATION COMMISSION TO EVALUATE THE PROPOSAL PREPARED BY ARTHUR HILLS AND ASSOCIATES FOR THE RENOVATION AND EXPANSION OF RED WING GOLF COURSE, AND TO MAKE RECOMMENDATIONS CONCERNING ITS IMPLEMENTATION WHEREAS, City Council has adopted as one of its long-time goals the development of Virginia Beach as a golf destination; WHEREAS, in furtherance of this goal, City Council has entered into two public-private partnerships which resulted in the development of two high-quality golf courses, Tournament Players Club of Virginia Beach and Heron Ridge Golf Club; WHEREAS, City Council has also expressed an interest in renovating and expanding Red Wing Golf Course; WHEREAS, in September of 1997, Arthur Hills and Associates, well-known golf course architects, completed, at the request of the City, a "Construction, Maintenance and Revenue Report", which set forth its proposal for the renovation of Red Wing Golf Course and the expansion of the course to include an additional nine holes and a learning center ("Arthur Hills Proposal"); and WHEREAS, it is the desire of City Council that the Parks and Recreation Commission evaluate the Arthur Hills Proposal and make recommendations regarding the best plan of action for its implementation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby requests the Parks and 35 36 37 38 39 4O 41 42 43 all of its meetings and discussions, the two (2) Council liaisons to the Commission, and to hold at least one (1) public hearing for the purpose of obtaining input from all interested parties; and 3. That the Commission is further requested to submit a report to City Council, on or before October 31, 2000, setting forth its recommendations. Adopted by the Council of the City of Virginia Beach, Virginia on the 22 day of _~gust , 2000. CA-7248 ORDIN\NONCODEkArthur Hills.Res Prepared: August 17, 2000 -36- Item V- K. 3. ORDINANCES/RESOL UTION ITEM tt 47O67 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS REVISED*: Resolution to REQUEST the Beaches and Waterways Advisory Commission prepare a revised Beach Management Plan; authorize any input and consultation with other interested parties; and, submit a revised plan to City Council on or before December 31, 2001. *The Commission is hereby requested to forward a revised Beach Management Plan to City Council on or before~,~,~,,,~,~,'~ ...... ~ ..... ~,,, ~,,v December 31, 2001. Voting: 11-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. done& Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr, and Rosemary Wilson Council Members Voting Nay: None A RESOLUTION REQUESTING THE BEACHES AND WATERWAYS ADVISORY COMMISSION TO PREPARE AND SUBMIT TO CITY COUNCIL A REVISED BEACH MANAGEMENT PLAN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 WHEREAS, the beaches along the Chesapeake Bay and Atlantic Ocean are one of the City's most important resources; WHEREAS, because of the importance of our beaches to the City's tourism industry and to its citizens, it is imperative that they be properly managed; WHEREAS, in 1993, a committee appointed by the City Manager and consisting of members of City staff prepared a draft of a proposed Beach Management Plan ("1993 Plan"); WHEREAS, it is the desire of City Council that the 1993 Plan be revised to address the City's current needs; and WHEREAS, on May 23, 2000, City Council established the Beaches and Waterways Advisory Commission for the purpose of serving in an advisory capacity to the Council with respect to beach waterways-related issues such as beach management. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That City Council hereby requests the Beaches and Waterways Advisory Commission to review the City's draft 1993 Beach Management Plan and to prepare a revised plan which comprehensively addresses the City's current beach management needs; 2. That the Commission is hereby authorized to solicit input from and/or consult with such agencies, civic organizations, public-interest groups and other third parties as the Commission deems necessary and/or appropriate to assist it in developing a revised plan; and 3. That the Commission is hereby requested to forward a revised Beach Management Plan to City Council on or before December 31, 2001. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of August, 2000. CA-7845 ORDIN~NONCODE~Revised Beach Management Plan. Res Prepared: August 16, 2000 -37- Item V- K. 4. ORDINANCES/RESOLUTION ITEM tt 47068 The following registered tn OPPOSITION: Leo Joseph Blumle, 2504 General Forrest Circle, Phone: 481-6106, resident for 22 years. Carolyn Lincoln, President - I,~rginia Beach Council of Civic Organizations, 1200 Sotheby Court, Phone: 467-0401 Betty Kennedy, 2700 Cattayle Run, Phone: 340-8975, represented the Chesopeian Colony Garden Club Barbara Messner, 1413 Kara Court, Phone: 422~1902 Upon motion by Councilman Jones, seconded by Councilman Harrison, City Council ADOPTED: Resolution TO REA FFIRM the City Council's support of the 31't Street Development project. (Sponsored by Council Members Jones and Harrison Voting: 10-1 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William IV. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: Nancy K. Parker Council Members Absent: None Mayor OberndorfDl$CLOSED pursuant to Section 2.1-639. 4 and 2.1-639.11, Code of Virginia, as during her candidacy for re-election for Mayor, she received campaign contributions from parties who are associated with Thirty-First Street, L.C., a Virginia limited liability company and that Thirty~First Street, L.C. is the company with whom the City entered into a development agreement for the above-referenced project. The Commonwealth's Attorney and City Attorney advised because the contributions received were used for political campaign purposes and were reported in accordance with state law, receipt and use of said contributions was permissible under the Act and does not cause her to have a personal interest in Thirty- First Street, L. C. Said letter dated August 22, 2000, and is hereby made a part of the record. Council Lady Wilson DlSCLOSED pursuant to Section 21-639.14(G}, Code of Virginia, her husband is a r>rincitoal in the accountinfz [irm of Goodman and Company earning compensation which exceeds $1 O, 000 Sponsored By Councilmembers Louis R. Jones and William W. Harrison A RESOLUTION AFFIRMING THE CITY COUNCIL'S SUPPORT OF THE 31sT STREET DEVELOPMENT PROJECT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 WHEREAS, the Virginia Beach Development Authority, in furtherance of the purposes for which it was created, has entered into an agreement for the development of property located at Atlantic Avenue and 31st Street (the "31st Street Development Agreement" OR "Agreement") as a means of expanding the City's economic base by encouraging and stimulating the development of the City's tourist industry and the redevelopment of the Resort Area; and under the Agreement, the Authority will facilitate the development of a four-star hotel by leasing land to the hotel developer and purchasing, from willing sellers, other property located on the southern half of the block bounded by 30th and 31st Streets and Atlantic and Pacific Avenues for the purpose, among others, of constructing and leasing parking facilities to support the operation of the hotel; and WHEREAS, the City Council has authorized the development contemplated by the Agreement and, in furtherance of its goals of enhancing the City's economic base, promoting tourism, and providing public parking, public restrooms and a public park, has agreed to participate in the public aspects of the development project; and in furtherance of the aforesaid goals, the City ~,ncil has authorized the acquisition, by voluntary agreement or 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 exercise of its legislative discretion, has found the project to be consistent with the purposes for which the Virginia Beach Development Authority was created, with the June 1994 Oceanfront Development Plan and with the November 1997 Comprehensive Plan, and to be in the best interests of the City of Virginia Beach; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council of the City of Virginia Beach hereby affirms its approval of the 31st Street Development Agreement and reiterates its findings that the Virginia Beach Development Authority's participation in the project contemplated by the 31st Street Development Agreement will expand the City's economic base by stimulating the development of the City's tourist industry and the redevelopment of the Resort Area, provide a public park for all residents of and visitors to the City, provide additional public restrooms for persons visiting the beach and park, and provide parking for the public in the City's parking facility and parking for the public and the hotel development in the Authority's parking facility. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby affirms its Oceanfront Development Plan and the Comprehensive Plan provisions recommending that there be public parking in the 31st Street area, and hereby also affirms its selection of the northern half of the block 6O 61 62 63 64 65 66 67 to provide public parking at the site selected by the City Council, irrespective of whether the hotel development proceeds; and further directs the City Manager to identify an alternative site or sites for public parking in the 31st Street area, if necessary, to fulfill the City Council's goal to provide public parking in the 31st Street area. Adopted by the Council of the Beach, Virginia, on the 22 day of AUGUST City of Virginia , 2000. 68 69 7O 71 CA-7841 F:~Data~ATY~Ordin~NONCODE~31ststreet.res.wpd R-7 August 17, 2000 Item IV-L. PLANNING - 38 - ITEM # 47069 1. FRANK T. WILLIAMS FARMS 2. VINCENT N. BENINATO, TRUSTEE 3a. JEANNE S. VANKIRK JOHNSON BEA CH INVESTMENT CORP. b. COMMONWEALTH BUILDING COMPANY and TASOS A. GALIOTOS c. TASOS A. GALIOTOS 4. OUTDOOR RESORTS OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION, INC. 5. JACQUELINE K. ROLAND 6a. TO WNE DEVELOPMENT CORPORATION/ CARL SCHUBERT b. TOWNE MILL DEVELOPMENT LLC 7. JAMES HARP, ELL 8. EDWARD, AMANDA AND MICHEL YODER AND GEORGE AND MILDRED MCGUIRE 9. CITY OF VIRGINIA BEACH a. AMEND THE COMPREHENSIVE PLAN b. AMEND CITY ZONING ORDINANCE (CZO) VARIANCE CONDITIONAL USE PERMIT NONCONFORMING USE STREET CLOSURE STREET CLOSURE STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CHANGE OF ZONING CONDITIONAL USE PERMIT CHANGE OF ZONING CONDITIONAL USE PERMIT CHANGE OF ZONING ADDING DESIGN GUIDELINES/ Large Retail Establishments. (1) ADD §' 240.1 to require Conditional Use Permits' (2) ADDING a new part D re establishing design and other standards (3) ~ 301, re harvesting timber in the P-1 Preservation District (4) ESTABLISH alternative regulations shopping center identification signs defining the term "monument sign" (5) Article Two re TRANSITIONR ULES August22, 2000 - 39 - Item V-L. PLANNING ITEM tt 47070 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE MOTION Items 1, (DEFERRAL) 2, 3a, 3b (DEFERRAL), 3c (DEFERRAL)4 (REFER BACK TO PLANNING COMMISSION, 5, 6, 7, (WITHDRAWAL) and 8 of the PLANNING BY CONSENT. Item 1 was' DEFERRED INDEFINITEL Y, BY CONSENT Item 3b/c was DEFERRED UNTIL THE CITY COUNCIL SESSION OF SEPTEMBER 12, 2000, BY CONSENT. Item 4 was REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT. Item 7 was WITHDRAWN, BY CONSENT Vonng: Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED on Item L. 3. (b) (COMMONWEAL TH BUILDING COMPANY), as his law firm represents the applicant. Councilman Harrison ABSTAINED on Item L. 7 (JAMES HARRELL), as his law firm represents one of the property owners. August 22, 2000 Item V-L1. - 40 - PLANNING ITEM # 47071 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED, INDEFINITEL Y, applications of FRANK T. WILLIAMS FARMSJbr property on the east side of Princess Anne Road, south of Old Pungo Ferry Road: Variance to reduce minimum pavement width for the interior roads of the development from the required 30feet to 24feet; and Conditional Use Permit. for an Alternative Rural Residential Development: AND, Appeal to Decisions of Administrative Officers' in regard to certain elements' of the Subdivision Ordinance and City Zoning Ordinance, Subdiwsion for Frank T. Williams Farms. Property is located on the east side of Princess Anne Road, 300feet more or less south of Old Pungo Ferry Road (GPIN #2309-73-5629; #2309-93-1026; #2309-93-7637; #2319-22-3454;#2319-04-2543; #2309-85-9370; #2309-9_5-5853; #2319- 16-9062; Part of#2319-17-9210). PRINCESS ANNE- DISTRICT 7. ORDINANCE UPON APPLICA TION OF FRANK T. WILLIAA4S FARMS FOR A CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RESIDENTIAL DEVELOPMENT Ordinance upon application of Frank T. Williams Farms Jbr a Conditional Use Permit for an Alternative Residential Development on certain property located on the east side of Princess Anne Road beginning at a point 300 feet more or less south of Old Pungo Ferry Road (GPIN #2309-73-5629; #2309-93-1026; #2309-93-7637; #2319- 22-3454;#2319-04-2543; #2309-85-9370; #2309-95-5853; #2319-16- 9062; Part of#2319-17-9210). Said parcel contains 455 acres more or less. PRINCESS ANNE - DISTRICT 7 Voting: l 1-0 (By Consent) Council Members' Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, dr., Barbara M. Henley, Louis' R. Jones', Reba S. McClanan, Robert C. Mandigo, .Jr., Mayor Meyers E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr., and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 Item V-L2. - 41 - PLANNING ITEM # 47072 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the Resolution upon application ofVINCENTN. BENINA TO, Trustee, for an enlargement ora nonconforming single family dwelling (known as 106A 60th StreeO at 5909 Oceanfront Avenue, containing 4, 375 square feet. Resolution authorizing the enlargement o fa nonconforming single-family dwelling on property located at 5909 Oceanfront Avenue (also known as ] 06A 60th Street) (GPIN # 2419-81-1615) (L YNNHA VEN- DISTRICT 5) The following conditions shall be required: The structure, as enlarged and altered, shall conform to the renderings entitled "Alterations and Renovations to the Vincent N. Beninato residence" prepared by Folck, West & Savage Architects, dated: O] June 2000, a copy of which had been exhibited to the City Council, and is on file in the Planning Department. The Structure shall be used only as single family dwelling, and no modifications, except that shown on the plans referenced in the previous condition, shall be made. Voting: l 1-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McCIanan, Robert C. Mandigo, ,Ir., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING SINGLE-FAMILY DWELLING ON PROPERTY LOCATED AT 5909 OCEANFRONT AVENUE (ALSO KNOWN AS 106A 60TH STREET), IN THE DISTRICT OF LYNNHAVEN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, Vincent N. Beninato, Trustee (hereinafter the ~'Applicant") has made application to the City Council for authorization to enlarge and alter a nonconforming single-family dwelling situated on a certain lot or parcel of land having the address of 5909 Oceanfront Avenue (which property address is also known as 106A 60th Street), in the R-5R Residential Resort District; and WHEREAS, the said single-family dwelling is a nonconforming use, in that there are two such dwellings on the same lot; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement and alteration of a nonconforming structure is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed structure, as enlarged and altered, will be equally appropriate or more appropriate to the zoning district than is the existing structure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed structure, as enlarged and altered, will be equally appropriate to the district as is the existing structure. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the proposed enlargement and alteration of the Applicant's single-family dwelling is hereby authorized, upon the following conditions: 33 34 35 36 37 38 39 4O 1. That the structure, as enlarged and altered, shall conform to the renderings entitled "VINCENT N. BENINATO RESIDENCE~ prepared by Folck, West and Savage Architects, dated 01 June 2000, a copy of which has been exhibited to the City Council and is on file in the Planning Department; and 2. That the structure shall be used only as a single- family dwelling, and no modifications, except as shown on the plans referenced in the previous condition, shall be made. 41 42 43 44 45 46 47 48 49 50 51 52 53 the 22 Adopted by the Council of the City of Virginia Beach on day of AUGUST , 2000. CA-00-7836 wmmm/ordres/beninatoncuseres.wpd R-1 August 7, 2000 APPROVED AS TO CONTENT: Planning APPROVED AS TO LEGAL SUFFICIENCY: Department of Law 2 Item V-L3. a.. - 42 - PLANNING ITEM # 47073 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED Ordinance upon application qf JEANNE S. VANKIRK JOHNSON, Beach Investment Corp. 2~br the discontinuance, closure and abandonment ora 15-foot alley: Ordinance upon application of Jeanne S. VanKirk Johnson, Beach Investment Corp., for the discontinuance, closure and abandonment of a 15-d~bot alley located between Lots 2 and 14, Block 20, Croatan Beach. Said parcel contains 750 square feet. (BEACH - DISTRICT 6): The following conditions shall be required: 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 fi'om 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 365 days of approval b.y City Council. If all conditions noted above are not accomplished and a final plat is not approved within ! year of the Ci(y Council's vote to close the roadway, this approval will be considered null and void Voting: ] l-O (By Consen0 Council Members Voting Aye: Linwood O. Branch, III. Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN STREET KNOWN AS 15' ALLEY BETWEEN LOTS 2 AND STREET 14, CROATAN BEACH AS SHOWN ON THAT CERTA1N PLAT ENTITLED: "CROATAN BEACH, "(M.B. 24, PG 37). WHEREAS, on August 22, 2000, Jeanne S. VanKirk Johnson, 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 August 21, 2001; 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 August 21, 2001: All that certain portion of the 15' Alley between Lots 2 and 14, Block 20, Croatan Beach, commencing at a point, said point being the southeast comer of Block 20, Croatan Beach, said plat recorded at Map Book 24, at page 37, and recorded in the Clerk's Office of the City of Virginia Beach, Virginia; thence N 04 o 14' 15" W 50.0' along the east edge of South Atlantic Avenue to a point marked by a pin; thence N 85° 45' 45" E 100.0' along the southern edge of Lot 2 to a pin being the southeast comer of Lot 2, the point of beginning of the property herewith described; thence N 04° 14' 15" W 50.0' along the east property line of Lot 2 being the west edge ofa 15' Alley to a pin, thence N 85° 45' 45" E 15.0' to a pin being the northwest comer of Lot 14; thence S 04° 14' 15" E 50.0' along the west property line of Lot 14 also being the east edge of a 15' Alley to a pin being the southwest comer of Lot 14, thence S 85 ° 45' 45" W 15.0' to the point of beginning; containing 750 square feet. SECTION II The following conditions must be met on or before August 21, 2001: 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. GPIN: All funds generated from this purchase shall be deposited in the Croatan Beach Access Account and utilized by the City to purchase additional access to the beach in the Croatan area at an appropriate location. 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. GP1N: 3. 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. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If all conditions noted above are not accomplished and a final plat is not approved within 1 year of the City Council's vote to close the roadway, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before August 21,2001, the street closure application will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before August 21,2001, 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." of Adopted by the Council of the City of Virginia Beach, Virginia, on this 2 2 . day AUGUST ., 2000. CA-7760 07/26/00 F:\Data~ATY\Forms\Deeds\STCLOSLBWORKING\ca7760.ord 2 APPROVED AS TO LEGAL SUF/~I~NCY Law Department This is to certify that I, on 20 September 1999, surveyed the property shown thie plat, and that the title linee and the walls of the buildings are as shown on this plat. no encroachments of other bufN~~0d~MN~roperty, except as shown. IIII I I II II I 5~0' lie i [ i i PHYSICAL SURVEY '"' I LOTS ]2 & 14 BLOCK.20 CROATAN BEACH .' MB. 24 P. 37 Virginia Beach, Virginia Scale 1# - 40' 20 September 1999 Made for George P. Johnson Sonifant Land Surveys P.o. Box 638~ ¥irginia Beach, 426.3361 This property appears to lie Within flood zone VE Panel 33 of 109 Con, unity No. 515531 E ~ dgled · ~centaer 1996 - 43 - Item V-L3. b. PLANNING ITEM # 47074 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TO CITY COUNCIL MEETING OF SEPTEMBER 12, 2000, Ordinance upon application of COMMONWEAL TH BUILDING COMPANYand TASOSA. GALIOTOS for the discontinuance, closure and abandonment of parcels on Potomac Street, beginning at the western boundary qf Garrett Drive, containing 15, 600 square feet. Ordinance upon application of Commonwealth Building Company and Tasos A. Galiotos for the discontinuance, closure and abandonment of the following parcels: Parcel 1: The northern 25feet of Potomac Street beginning at the western boundary of Garrett Drive and running in a westerly direction a distance of 499. 05feet (GPIN #1477-45-7094). Parcel 2: The southern 25feet of Potomac Street beginning at the western boundary of Garrett Drive and running in a westerly direction a distance of l 25 feet (GPIN #1477-44-8865). Said parcels contain 15, 600 square feet. DISTRICT 3 - ROSE HALL Voting: 10-0 (By Consen0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M Henley, Louis R. done& Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: William D. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represented the applicant (COMMONWEALTH BUILDING COMPANY). August 22, 2000 - 44- Item V-L3. c. PLANNING ITEM # 47075 Upon motion by Vice Mayor Sessomx, seconded by Councilman Branch, CiO, Council DEFERRED TO CITY COUNCIL MEETING OF SEPTEMBER 12, 2000, Ordinance upon application of TASOS ,4. GALIOTOS .for the discontimtance, closure and abandonment of the northern 25feet of Cleveland Street. Ordinance upon application ofTasos A. Galiotos for the discontinuance, closure and abandonment of the northern 25 feet of Cleveland Street beginning at the western boundary of Garrett Street and running in a westerly direction a distance of 250 feet (GPIN # 1477-44-8743). Said parcel contains 6,250 square feet square feet (ROSE HALL - DISTRICT 3). Voting: I l-O (By ConsenO Council Membetw Voting Aye: Linwood O. Branch. III. Margaret L. Eure, William W. Harrison, ,h'., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, .Ir., Mayor Meyera E. Oberndorf Nancy, K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Member,~~ Voting Nay: None Council Members Absent: None August 22, 2000 - 45 - Item V-L4. PLANNING ITEM # 47076 Upon motion by k?ce Mayor Sessoms, seconded by Councilman Branch, City Council REFERRED BACK TO PLANNING COMMISSION, Ordinance upon Application of OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIA TION, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF OUTDOOR RESORTS OF VIRGINIA BEACH, CONDOMINIUM ASSOCIATION, FOR A COMMUNITY PIER Ordinance upon application of Outdoor Resorts of Virginia Beach, Condominium Association, for a community pier on the east side of Sandpiper Road, south of Kabler Road. Said property is located at 3665 Sandpiper Road and contains 62.573 acres. PRINCESS ANNE - DISTRICT 7 Voting: i l-O (By ConsenO Council Members Voting Aye: Linwood O. Branch, IlL Margaret L. Eure, William I;K. Harrison, .Ir., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August22, 2000 Item IV-LS. - 46- PLANNING ITEM # 47077 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, an Ordinance upon application of JACQUELINE K. ROLAND for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JACQUELINE K. ROLAND FORA CONDITIONAL USE PERMIT FORA RESIDENTIAL KENNEL R08003064 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcation of Jacqueline K. Roland for a Conditional Use Permit for a residential kennel on the east side of Princess Anne Road, 453.5 feet south of Mill Landing Road (GPIN # 2400- 75- 7943). Said parcel is located at ] 056 Princess Anne Road and contains 9.152 acres. PRINCESS ANNE - DISTRICT Z The following conditions shall be required: 1. There shall be no more than nine dogs on the property. The applicant shall, annually, submit to the Zoning Administrator evidence that the dogs are up to date on any required shots and properly licensed through the City of Virginia Beach. This Ordinance shall be effkctive in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, ~'rginia, on the Twenty-second of August, Two Thousand Voting: ! 1-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, IIL Margaret L. Eure, William 145. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, .Ir., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August22, 2000 -47- Item IV-L6. PLANNING ITEM # 47078 A.R. (Rick) Gregor, dr., President - Sung Harbor Development, L.L. C., 1728 Virginia Beach Boulevard, Suite 109, Virginia Beach, Virginia 23454, Phone: 491-1962, represented the applicant William C. Gerwitz, L.S., Kellman-Gerwitz Engineering, Inc. 500 Central Drive, Sutie 113, Phone: 340-0828, represented the applicant Upon motion by Council Lady Henley, seconded by Council Lady McClanan, City Council DENIED Ordinances upon application of TOWNE DEVELOPMENT CORPORATION/CARL SCHUBERT Change of Zoning District Classification and TOWNE MILL DEVELOPMENT LLC for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TOWNE DEVELOPMENT CORPORATION / CARL SCHUBERT FOR A CHANGE OF ZONING FROMAG-2 TO R-15 Ordinance upon application of Towne Development Corporation~Carl Shubert for a Change of Zoning District Classification from AG-2 Agricultural District to R-15 Residential District on the north side of Indian River Road beginning at a point 1650 feet more or less east of Foreman Trail (GPIN #1474-92-2210, #1474-92-5046; #1474-92-1356). The proposed zoning classification change to R-15 is for single j(hmily residential land use on lots no less than 15,000 square feet. The Comprehensive Plan recommends use of this parcel for residential uses at or below 3.5 dwelling units' per acre at densities that are compatible with single .family use in accordance with other Plan policies. Said parcel contains 26.6 acres more or less. PRINCESS ANNE-DISTRICT 7 AND, ORDINANCE UPONAPPLICA TION OF TO WNEMILL DEVELOPMENT LLC FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE PROMOTION OPTION Ordinance upon application of Towne Mill Development, LLC for a Conditional Use Permit for an open space promotion option on certain property located on the north side of Indian River Road beginning at a point ] 500feet more or less east of Foreman Trail (GPIN # 1474-92-2210; #]474-92-5046; #1474-92-1356). Said parcel contains 37 acres more or less. PRINCESS ANNE - DISTRICT Z Voting: 8-3 Council Members Voting Aye: Linwood O. Branch, III, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: Margaret L. Eure, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None August22, 2000 Item IV-L 7. - 48 - PLANNING ITEM # 47079 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ALLOWED WITHDRAWAL of Ordinances upon application of JAMES HARRELL for a Change of Zoning District Classification and Conditional Use Permit: AND, ORDINANCE UPON APPLICATION OF JAMES HARRELL FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMI-1 70 B-2 Ordinance upon application of dames Harrell for a Change of Zoning District Classification from I-! Light Industrial District to B-2 Community Business District on certain property located at the northwest corner of Norfolk Avenue and Cypress Avenue (GPIN # 2417-94-4482). The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends' use of this parcel for suburban residential/~edium and high densities' that are compatible with single family uses in accordance with other plan policies. Said parcel contains 1.73 acres. BEACH - DISTRICT 6. ORDINANCE UPON APPLICATION OF dAMES HARRELL FOR A CONDITIONAL USE PERMIT FOR AUTOMOBILE SERVICES (FUEL SALES) Ordinance upon application o f James Harrell for a Conditional Use Permit for automobile services OCael sales) on certain property located at the northwest corner of Norfolk Avenue and Cypress Avenue (GPIN # 2417-94- 4482). Said parcel contains 1.73 acres. BEACH - DISTRICT 6. Voting: 10-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Barbara M. Henley, Louis R. Jones', Reba S. McClanan, Robert C. Mandigo, ,Jr., Mayor Meyers E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, .Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: V~illiam D. Harrison, Jr. Council Members' Absent: None Councilman Harrison ABSTAINED as as his law firm represents one of the property owners. August22, 2000 Item IV-LB. - 49 - PLANNING ITEM # 47080 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City CouncilADOPTED Ordinance upon application of EDWARD, AMANDA and MICHAEL YODER and GEORGE and MILDRED MCGUIRE for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF EDWARD, AMANDA AND MICHAEL YODER AND GEORGE AND MILDRED MCGUIRE FOR A CHANGE OF ZONING FROM R-40 TO R- 7. 5 Z08001180 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward, Amanda & Michael Yoder and George & MildredMcGuire for a Change of Zoning District Classification from R-40 Residential District to R-7. 5 Residential District on Lots 128-A and 152-A, Hollies on the A tlan tic Ocean (GPIN # 2418- 77-8 789; # 2418- 77- 9689). The proposed zoning classification change to R-7.5 is for single family residential land use on lots no less than 7, 500 square feet. The Comprehensive Plan recommends use of this parcel for suburban residential/low density area planed for residential uses at or below 3.5 dwelling units per acre at densities that are compatible with single family use in accordance with other plan policies. Said parcel is located at 412 48t~ Street and contains 7, 773 square feet. BEACH- DISTRICT 6. This Ordinance shall be effective in accordance with Section 107 Q) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-second o£ August, Two Thousand Voting: l 1-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 - 50 - Item IV-L. 9. b. 2/3/4/5 PLANNING ITEM # 47081 The following spoke in SUPPORT: of Ordinances 9 b 2/4/5 and opposed to the Use Permit process : Robert N. Taylor, 908 Cavalier Drive, Phone: 422-2800, President of Taylor's Do-It Center. Attorney R. ~. Nutter, 4425 Corporation Lane, Phone: 518-3214, represented Retail Memb ers of Task Force, Attorney Nutter referenced the Retail Alliance advised him that deffMiller, Zeb Zolt and David Meeker, will not speak in Opposition. Steve Romine, 4705 Columbus Street, Phone; 552-6031, Immediate Past President - Hampton Roads Association of Commercial Real Estate. Upon motion by Council Lady Eure, seconded by Council Lady Parker, City Council ADOPTED: Applications of the CITY OF VIRGINIA BEACH AMEND Cit~ Zoning Ordinance (CZO) : AS REVISED, 3~ 111, definitions and Article 2, ADDING a new Part D re establishing design and other standards Jbr retail establishments. (Deferred: duly 11, 2000) 3~ 301, re harvesting timber in the P-1 Preservation District ESTABLISH alternative regulations re shopping center identification signs and defining the term "monument sign" 3~ ill Article Two re TRANSITION RULES for development of retail establishments and shopping centers Subject to: City Staff monitoring for six (6) to nine (9) months with a report to City Council as soon as possible thereafter. Vo ting: 1 !-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. dories, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August22, 2000 1 2 3 4 9 10 11 12 13 14 15 16 17 18 19 20 21 22 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 buildinq used for the display and sale of merchandise, except of an incidental nature, to the qeneral public at retail. As used in Part D of Article Two of this 23 24 25 26 27 28 29 30 31 ordinance, the term shall establishments. also include eatinq and drinkinq Shoppinq center. A qroup of two (2) or more retail or other commercial establishments, including those located on outparcels, havinq any or all of the followinq characteristics: (a) The establishments are connected by party walls, partitions, canopies or similar features; (b) Some or all of the establishments are located in separate 32 buildinqs which are desiqned as a sinqle commercial qroup 33 34 35 sharinq common parkinq areas and vehicular ways and which are connected by walkways or other access ways; The establishments are under the same manaqement or 36 37 38 39 4O 41 42 43 44 45 (d) association for the purpose of enforcinq reciprocal aqreements controllinq manaqement or parkinq; or The establishments are structurally inteqrated fashion around or alonq desiqned in an the sides of a promenade, walkway, concourse or courtyard. 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. (a) Findinqs of fact; intent. The City Council finds that: (1) while retail establishments, whether in the form (2) 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 significant 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 design has an especially siqnificant 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 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 (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 light 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 high-quality desiqn and buildinq features in such manner as to enhance the 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. 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 any other ordinance, requlation or requirement, the provision of this Part shall control; provided, however, that in the event the 9O 91 92 93 the conditions of a conditional use permit conflict with any of the provisions hereof, such conditions shall control. (c) The use of the word "shall" denotes a mandatory requirement. The use of the word "should" denotes a voluntary 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 provision; provided, however, that when any proposed retail establishment or shoppinq center requires the approval of the City Council, whether by rezoning, 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 encouraged. (d) The Planninq Director is hereby authorized to allow modifications of the requirements of this Part where such modifications: (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 shoppinq center is souqht to be located; and (2) do not substantially reduce the overall quality of the proposed development. (e) Nothing in this section shall impair the right of any proper party to apply to the Board of Zoning Appeals for a variance from any of the provisions of this Part. 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 Sec. 245. Buildinq desiqn. The followinq buildinq desiqn features shall apply to retail establishments and shoppinq centers which are subject to the provisions of this Part: (a) Facades and exterior walls (1) Building 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 havinq 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, awninqs and similar features addinq visual interest; (3) Facades not facinq public streets should incorporate a repeating pattern that includes chanqes in color, texture and material, each of which should be inteqral parts of the building and not superficially-applied trim, qraphics, or paint. At least one of the foreqoinq elements should repeat horizontally. In addition, the structural 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 a private internal street or way used by the public 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 (c) 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 overhanqinq eaves, parapets, pop outs, entrance features or heiqht variations. The front of the buildinq should incorporate at least one three dimensional feature. Flat roofs and all rooftop equipment such as heatinq, ventilation, and air conditioninq (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 a building should be of high quality and should exceed the level of quality required by the Virqinia Uniform Statewide Building Code. Predominant exterior building materials should include any combination of brick, wood, stone, or tinted and textured concrete masonry. 6 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 (d) (3) 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 building and reflect an overall appearance of high 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 should feature briqhter colors, includinq primary colors. In the RT-1, RT- 2 and RT-3 Resort Tourist Districts, the use of pastel colors on trim and accent areas is also encouraged. Entryways Except in the RT-1, RT-2 and RT-3 Resort Tourist Districts, entryway design elements and variations shall provide orientation to building. Buildinqs shall have clearly defined, hiqhly visible customer entrances, which should incorporate two or more of the followinq features: (1) Canopies or porticos; (2) Overhanqs; (3) Recesses or projections; (4) Arcades; (5) Raised corniced parapets over entranceways; (6) Peaked roof forms; (7) Arches; (8) Outdoor patios; 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 (e) (9) Display windows; (10) Architectural details such as tile work or moldinqs inteqrated into the buildinq structure and design; 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 vending 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 design 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 qood screening characteristics. Shrubs shall be at least three (3) feet hiqh, and trees shall be at least six (6) 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 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 condition and shall not be trimmed to a height lower than the mechanical equipment they screen. (f) Liqhtinq (1) Outdoor lighting fixtures should be coordinated as to style, material and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the site should overlap, creating an even level of illumination throughout the parkinq area. The use of pedestrian level lighting should be used along pedestrian walkways. Sec. 246. Site design. The following site design characteristics shall apply to retail establishments and shopping centers which are subject to the provisions of this Part: (a) Shopping Center Site Layout (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; provided, however, that on outparcels at the intersection of two streets, the area between such buildings and one of the streets may have one (1) row of parking if a berm meeting the requirements of subdivision (a) (2) is provided. (2) Subject to the provisions of subdivision (b) (1), in shopping centers exceeding five (5) acres in size, there shall be no buildings, parking surfaces or other above-ground improvements, except as specified herein, within thirty (30) feet of a 9 261 public street. The area within such setback shall 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 contain a heavily-landscaped berm having a minimum height of three (3) feet measured from the level of the abutting 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 parking lot from the abutting public street. Parking (1) Except as provided in subdivision (a) (1), vehicular parking areas should be distributed around at least three (3) sides of retail buildings in order to reduce the overall scale of the paved (2) parking surface. Vehicular circulation systems providing access to parking areas shall be designed to reduce the potential for vehicular conflicts to a minimum. (3) (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 encourage the provision of site amenities, in any retail establishment or shoppinq center containinq at least eighty 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 10 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 requirements of subdivision (5) are provided throuqh the parkinq area. (5) For any retail establishment or shoppinq 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 parking 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 aisles where they traverse such aisles 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 walking 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 11 318 principal customer entrance of all anchor tenant 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 (3) (4) buildinqs on the site. Outparcels shall be 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. Landscaping along 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 12 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 (e) architectural treatments to enhance pedestrian safety and comfort. (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 high 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 (2) 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: (B) (C) (D) (E) Patio/seating area; Pedestrian plaza with benches; Window shopping walkway; Outdoor playground area; Kiosk area; 13 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 (F) Water feature or stormwater manaqement facility with amenities such as fountains, benches, walkinq trails, pedestrian furniture or lightinq; (G) Clock tower; Outdoor sculpture; or Any other focal feature or amenity which, in the judqment of the Planning Director, provides an equivalent benefit. Ail 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. Sec. 247. Landscapinq and bufferinq. The followinq provisions shall be in addition to all other City landscaping 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 landscaping on the outside. (b) Sites with existinq trees and vegetation along street frontaqes should, where desirable, retain such features and integrate them into the landscape plan for the site. (c) To the greatest extent possible, no less than twenty- five per cent (25%) of trees shall be everqreen species. (d) To the greatest extent possible, planting pits shall be backfilled with thirty-six (36) inches of topsoil to provide the most conducive qrowinq environment for new landscape plantinq. (e) To the qreatest extent possible, landscape islands shall 14 404 be desiqned so that shrubs or trees are not located on the edqes 405 406 407 4O8 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 of the island. Sec. 248. Stormwater Manaqement Facilities. (al On-site stormwater manaqement ponds in a prominent location 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. Lightinq 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 discouraqed. (c) Where feasible, stormwater manaqement systems shall utilize existinq reqional stormwater manaqement facilities. Sec. 249. Signage. (a) The style, size, color, and material of all signs on a shopping 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. (b) Notwithstanding any other contrary regulation, a minimum of seventy-five (757 square feet of shrubbery, flower beds, trees or other plants, consistinq of at least fifty per cent (50%7 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 zoninq district requlations, buildinqs havinq facades greater than two hundred (200) feet in length may have one (1) 15 433 434 435 436 437 438 identification siqn 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 buildinq 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 439 440 441 442 443 444 445 446 in heiqht and shall be limited in combined area to ten per cent (10%) of the area of the buildinq facade siqn. Adopted by the City Council of the City of Virginia Beach on this the 22nd day of Auqust, 2000. CA-00-7610 wmmkordres~retaildesignordin.wpd R-9 August 21, 2000 16 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO THE HARVESTING OF TIMBER IN THE P-1 PRESERVATION DISTRICT SECTION AMENDED: CITY ZONING ORDINANCE § 301 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 301 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 301. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the P-1 Preservation District. Those uses and structures shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." No uses or structures other than as specified shall be permitted. Use P-1 Antennas, building-mounted P Borrow pit C Cemetery, columbarium, crematory and C mausoleum Colleges and universities, but not including C dormitories or other housing facilities Fish hatcheries and fish ponds P Forests and forestry; provided that the P harvestinq of timber shall be in accordance with the requirements of subsection (al) Game preserves P Golf courses, private, nonilluminated, C including par 3, but not including miniature, with a minimum area of 10 acres Harvestinq of timber where all ~ requirements of subsection (al) are not met Marinas, noncommercial C Open agricultural and horticultural uses, P provided that intensive cultivation shall not be allowed 40 Personal watercraft rentals C 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 Public parks, recreational areas, botanical and zoological gardens, golf courses, marinas and other public buildings and uses P 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 P 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 C Recreational campgrounds C Riding academies, horses for hire or boarding C Storage and maintenance installations for public utilities C Television or other broadcasting stations and line-of-sight relay devices C Watersheds, wells, water reservoirs and water control structures P (al) Harvestinq of timber shall be permitted as a principal use only if the following requirements are met, and otherwise shall be allowed only as a conditional use: (1) such activity is conducted in accordance with the silvicultural best manaqement practices developed and enforced by the State Forester pursuant to Section 10.1-1105 of the Virqinia Code; (2) such activity is conducted upon land which has been classified by the City Assessor as real estate devoted to forest use; and 79 (3) the area on which harvestinq occurs is reforested 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 artificially or naturally or is converted to bona fide aqricultural or improved pasture use. (a2) Prior to commencinq any timber harvesting activity, the owner of the property upon which such activity is to occur shall notify the zoning administrator, in writinq, of his intent to harvest the timber on such property. Within ten (10) workinq days after the receipt of such notice, the zoning administrator shall notify the property owner whether the proposed activity will be allowed as a principal use or will require a conditional use permit. No harvestinq of timber shall take place until the zoninq administrator notifies the owner that the proposed activity is allowed as a principal use or until a conditional use permit has been granted by the City Council, whichever the case may be. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of Auqust, 2000. 95 96 97 CA-7800 wmm/ordres/c zo30 lord. wpd R-2 August 7, 2000 3 1 2 3 4 5 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY ESTABLISHING ALTERNATIVE REGULATIONS PERTAINING TO SHOPPING CENTER IDENTIFICATION SIGNS AND BY DEFINING THE TERM "MONUMENT SIGN" SECTIONS AMENDED: CITY ZONING ORDINANCE SECTIONS 111 AND 905 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111 and 905 of the City Zoning Ordinance are hereby amended and reordained to read as follows: Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Sign, monument. A free-standinq siqn supported primarily by internal structural framework or integrated into landscaping or other solid structural features other than support poles, and the base of which is at least seventy-five per cent (75%) of the total width of the siqn. Sec. 905. Sign regulations. (a) In the B-1 Neighborhood Business District, signs shall be permitted as follows: 33 34 35 36 37 38 39 40 41 42 43 44. 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 (i) (2) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than thirty-two (32) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty-two (32) square feet. Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) center identification sign may be erected for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred (100) square feet of surface area. Such identification sign shall 2 62 63 64 65 66 67 68 69 70 71 72 73 74 specify only the name of the center. Alternatively, such siqns may display the names of tenants as well as the name of the center if (i) the portion of a siqn on which tenant names are displayed does not exceed sixty per cent (60%) of the total siqn area; (ii) the portion of a siqn on which tenant names are displayed is of a uniform color; (iii) the top of the face of such siqn does nor exceed eight (8) feet in heiqht and the top of any decorative cap on such siqn does not exceed ten (10) feet in heiqht; (iv) such siqn does not exceed twelve (12) feet in width; and (v) the face of such siqn is surrounded by a minimum of six (6) inches of framework constructed of a material matchinq in color and texture 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 (3) (4) (5) the primary exterior buildinq material of the principal structure in the center. Signs advertising property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of surface area. Beacon lights or search lights may be permitted for advertising purposes for special events. To facilitate occupancy in a new neighborhood shopping center containing a minimum of forty thousand (40,000) square feet of land area, one (1) temporary sign may be 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 erected not to exceed one hundred (100) square feet of surface area. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever comes first. (b) In the B-lA Limited Community Business District and in the B-2 Community Business District, signs shall be permitted as follows: (1) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than sixty ('60) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 (2) line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet. Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) center identification sign for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred (100) square feet of surface area. Where there is an established community or regional commercial center containing a minimum of ten (10) establishments and fifteen (15) acres of land, one (1) center identification sign may be erected for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred fifty (150) square feet of surface area. Any such identification sign shall specify only the name of the center. Alternatively, such siqns may display the names of tenants as well as the name of the center if (i) the portion of a siqn on which tenant names are displayed does not exceed sixty per cent (60%) of the total siqn area; (ii) the portion of a siqn on which tenant names are displayed is of a uniform color; (iii} the top of the face of such siqn does not exceed eight (8) feet in heiqht and the top of any decorative cap on such siqn does not exceed ten (10) feet in heiqht; (iv) such siqn does not exceed twelve (12) feet in width; and (v) the face of such siqn is surrounded by a minimum of six (6) inches of framework constructed of a material matchinq in color and texture 5 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 the primary exterior buildinq material of the principal structure in the center. (3) Signs advertising property for sale, lease or rent shall be permitted; provided, that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area. (4) Beacon lights or search lights may be permitted for advertising purposes for special events. (5) To facilitate occupancy in a community commercial center containing a minimum of fifteen (15) acres of land, one (1) temporary sign may be erected not to exceed two (2) faces, neither one of which shall exceed one hundred fifty (150) square feet of surface area. In a regional commercial center containing a minimum of thirty (30) acres of land, one (1) temporary sign may be erected not to exceed two (2) faces, neither of which shall exceed two hundred (200) square feet of surface area. Signs shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever comes first. (c) In the B-3 Central Business District, the following regulations shall apply: (1) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not 6 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 (2) constituting frontage, not more than one (1) sign and not more than sixty (60) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than three (3) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding forty (40) square feet. Where there is an established neighborhood commercial center containing five (5) or more establishments and a minimum of forty thousand (40,000) square feet of land area, one (1) center identification sign for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred (100) square feet of surface area. Where there is an established community or regional commercial center containing ten {10) or more establishments and a minimum of fifteen (15) acres of 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 (3) land, one (1) center identification sign for each principal entrance not exceeding two (2) faces, neither of which shall exceed one hundred fifty (150) square feet of surface area. Any such center identification sign shall specify only the name of the center. Alternatively, such siqns may display the names of tenants as well as the name of the center if (i) the portion of a siqn on which tenant names are displayed does not exceed sixty per cent (60%) of the total siqn area; (ii) the portion of a siqn on which tenant names are displayed is of a uniform color; (iii) the top of the face of such sign does not exceed eiqht (8) feet in heiqht and the top of any decorative cap on such siqn does not exceed ten (10) feet in heiqht; (iv) such siqn does not exceed twelve (12) feet in width; and (v) the face of such siqn is surrounded by a minimum of six (6) inches of framework constructed of a material matchinq in color and texture the primary exterior buildinq material of the principal structure in the center. Signs advertising property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area. 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 (d) Within the B-3A Pembroke Central Business Core District, the following regulations shall apply: (1) For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than a total of twenty (20) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than two (2) signs. Any establishment having at least twenty (20) feet but less than or equal to forty (40) feet of frontage may have one (1) sign not exceeding twenty (20) square feet of surface area. Any establishment having less than twenty (20) feet frontage may have one (1) sign not exceeding sixteen (16) square feet of surface area. (2) Signs for entrances to upper-floor residential dwelling units shall be permitted; provided, that no such sign shall exceed eight (8) square feet of surface area, and that the number of signs shall be limited to one (1) sign on the ground floor at each principal entrance to such dwelling units. (3) Any building of six (6) stories or more in height shall be eligible for two (2) building identification signs. Together, the two (2) signs shall not exceed one hundred fifty (150) square feet of surface area, and both signs must be mounted on or above the fourth story of the building, but not above the roofline of the building. (4) Signs advertising property for sale, lease or rent shall be permitted, provided that no such sign shall exceed thirty-two (32) square feet in area, that not more than 9 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 (5) (6) (7) two (2) such signs shall be erected for each one hundred (100) feet of lot line at the street right-of-way, and that not more than four (4) such signs shall be erected on any property. Any property having less frontage or lot line adjoining a street may have one (1) sign not exceeding thirty-two (32) square feet of surface area. To facilitate occupancy in a new building, there shall be no more than one (1) temporary sign, which shall not exceed thirty-two (32) square feet of surface area. Such sign must be mounted on the portion of the building it advertises. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever event first occurs. Beacon lights or search lights may be permitted for purposes of advertisement of special events, provided the beam of light is directed away from buildings housing residential units. No freestanding signs shall be allowed within the B-3A District, except as follows: a. One (1) building identification sign not to exceed thirty two (32) square feet may be erected within each outdoor plaza. b. Two (2) gateway signs, together not exceeding one hundred (100) square feet, may be erected at each location where Central Arterial or Collector District. Business District Core streets enter the B-3A 10 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 c. Four (4) signs, totalling no more than one hundred twenty (120) square feet, identifying the central park, may be permitted thereon; and d. Other freestanding signs, consistent with the general purpose and intent of the design provisions presented in the July, 1991, Pembroke Central Business District Master Plan, may be approved by the city council. (e) Within the B-4 Resort Commercial District, the sign regulations shall apply as follows: (1 For hotels and motels the following shall apply: a. For each twenty (20) feet of frontage and for each forty (40) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than forty (40) square feet of surface area of signage shall be permitted; provided, however, that no establishment shall have more than four (4) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred (100) feet shall have a freestanding sign. No establishment having a frontage of at least one hundred (100) feet but less than or equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32) square feet of surface area per face, and no establishment having a frontage of more than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75) square feet of surface area per face. No 11 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 (2) freestanding sign shall exceed two (2) faces, and no sign of any other type shall exceed one hundred fifty (150) square feet of surface area. Any establishment or property having less frontage or lot line adjoining a street than required above may have one (1) sign not exceeding thirty (30) square feet of surface area. For all other uses and structures, the following sign regulations shall apply: a. No sign located on or in any window or located behind any window in such a manner as to attract the attention of persons outside the establishment, shall have a surface area greater than twenty (20) percent of the surface area of such window, not to exceed sixteen (16) square feet. b. Signs containing or consisting of graphic or pictorial representations shall be permitted; provided, however, that the combined surface area occupied by such graphic or pictorial representations shall not be more than twenty (20) percent of the total sign allotment of an establishment or four (4) square feet, whichever is less. c. For each forty (40) feet of frontage and for each eighty (80) feet of lot line adjoining a street, but not constituting frontage, not more than one (1) sign and not more than a total of sixteen (16) square feet of surface area of signage shall be permitted; provided, however, that no establishment 12 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 e o shall have more than two (2) signs of which one (1) may be a freestanding sign; and provided further that no establishment having a frontage of less than one hundred freestanding sign. (100) feet shall have a No freestanding sign shall exceed two (2) faces, neither of which shall exceed thirty-two (32) square feet of surface area, and no sign of any other type shall exceed seventy-five (75) square feet of surface area. Any establishment having less frontage or lot line adjoining a street than is required hereinabove may have one (1) sign not eXceeding sixteen (16) square feet of surface area. Sign regulations pertaining to multiple-family dwellings shall be the same as those applying in the Apartment Districts. Where there is an established neighborhood commercial center containing at least five (5) establishments and at least forty thousand (40,000) square feet of land area, there shall be not more than one (1) center identification sign for each principal entrance. No such sign shall have more than two (2) faces, neither of which shall exceed thirty-two (32) square feet of surface area. Such identification sign shall contain only the name of the center. Alternatively, such siqns may display the names of tenants as well as the name of the center if (i) the portion of a siqn on which tenant names are displayed does not exceed sixty per cent 13 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 go ho (60%) of the total siqn area; (ii) the portion of a siqn on which tenant names are displayed is of a uniform color; (iii) the top of the face of such siqn does not exceed eight (8) feet in heiqht and the top of any decorative cap on such siqn does not exceed ten (10) feet in heiqht; (iv) such sign does not exceed twelve (12) feet in width; and (v) thn face of such siqn is surrounded by a minimum of si~ (6) inches of framework constructed of a material matchinq in color and texture the primary exterior buildinq material of the principal structure in th~ center. Signs advertising property for sale, lease or rent shall be permitted; provided, however, that no such sign shall exceed sixteen (16) square feet in surface area. Not more than two (2) such signs shall be permitted for any property having more than one hundred (100) feet of lot line at the street right-of-way, and any property having less than one hundred (100) feet of such lot line shall have no more than one (1) sign not exceeding sixteen (16) square feet of surface area. Beacon lights or search lights may be permitted for purposes of advertisement of special events for a period not in excess of forty-eight (48) hours. To facilitate occupancy in a new neighborhood commercial center containing at least forty thousand (40,000) square feet of land area, there shall be not more than one (1) temporary sign, 14 406 407 4O8 409 410 411 412 413 414 415 416 417 418 419 420 421 422 which shall not exceed thirty-two (32) square feet of surface area. Such sign shall be removed when seventy (70) percent of the property is occupied or leased, or after a period of twenty-four (24) months, whichever event first occurs. (f) The provisions of this section shall be deemed to be severable, and if any of the provisions hereof be adjudged to be invalid or unenforceable, the remainder of this section shall remain in full force and effect and its validity shall remain unimpaired. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day o~ Auqust, 2000. CA-7759 wmmordres\shopctrsigncom.wpd R-2 August 16, 2000 15 1 2 3 5 6 7 8 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 AN ORDINANCE ESTABLISHING TRANSITION RULES FOR DEVELOPMENT OF RETAIL ESTABLISHMENTS AND SHOPPING CENTERS WHEREAS, on August 22, 2000, the City Council adopted an ordinance entitled, "AN ORDINANCE AMENDING SECTION 111 AND ARTICLE TWO OF THE CITY ZONING ORDINANCE, ESTABLISHING DESIGN AND OTHER STANDARDS FOR RETAIL ESTABLISHMENTS (hereinafter the 'Ordinance');" and WHEREAS, the Ordinance became effective on the date of its adoption; and WHEREAS, it is the sense of the City Council that transition rules should be adopted to govern cases in which plans for development of establishments subject to the provisions of the Ordinance have been submitted, but not approved, prior to the effective date of the Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That site plans and subdivision plats for developments which are subject to the provisions of the Ordinance which were accepted for review, but neither approved nor disapproved, on or before the close of business on the effective date of the Ordinance, shall not be subject to the provisions of the Ordinance, but shall be required to comply with the ordinances and regulations of the City applicable to such developments on the date of their acceptance for review; 2. That any such site plan or subdivision plat which was accepted for review on or before the close of business on the effective date of the Ordinance, but which was disapproved, or which is hereinafter disapproved, shall, if resubmitted within thirty (30) days of the date of disapproval, or within thirty (30) days of the effective date of the Ordinance, whichever is later, be 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 subject to the ordinances and regulations of the City applicable to such developments on the date of their acceptance for review; 3. That the provisions of Paragraph 2 hereinabove shall apply only to the first resubmittal of a site plan or subdivision plat which has been disapproved, such that if disapproved upon resubmittal after the effective date of the Ordinance, all further development of the subject property shall conform to the provisions of the Ordinance, as well as to all other applicable laws, ordinances, regulations and standards; and 4. That nothing in this ordinance shall be construed to deprive or deny any person of any vested rights which existed as of the effective date of the Ordinance. Adopted by the City Council of the City of Virginia Beach on the 22nd day of Auqust, 2000. 46 47 48 49 CA-00-7753 wmm~ordres~retailtrans.wpd R-2 August 14, 2000 2 - 51 - Item IV-L. 9.1 a/b 1 PLANNING ITEM # 47082 Robert d. Scott displayed a map depicting properties under the Conditional Use Permit category, Council Lady McClanan distributed information prepared by Assistant City Attorney William Macali relative the consolidation of Retail Development Ordinances. These revisions would enable the incorporation of the Conditional Use Permit. Assistant City Attorney William Macali, referenced the changes necessary to the Use Permit Ordinance: AMEND 393g l 11, 901, ! 511 and 1521 of the City Zoning Ordinance and, ADDING a new ~ 240. l to require Conditional Use Permits' re large retail establishments. No changes wouM be necessary to the Ordinance (Committee Ordinance) AMENDING ~111 of City Zoning Ordinance and adding new CZO ~3g 243, 244, 245, 246, 247, 248 and 249. A MOTION was made by Council Lady McClanan, seconded by Council Lady Henley to ADOPT, with REVISIONS: Applications of the CITY OF VIRGINIA BEACH: AMEND the Comprehensive Plan to require Conditional Use Permits by ADDING design guidelines.for large retail establishments AMEND City Zoning Ordinance (CZO): 393glll, 901, 1511 and 1521, ADDING a new 3g 240.1 to require Conditional Use Permits re large retail establishments. Voting: 3-8 (MOTION LOST TO A NEGATIVE VOTE) Council Members' Voting Aye: Barbara M. Henley, Reba S. McClanan and Mayor Meyera E. Oberndorf Council Members' Voting Nay: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Louis R. Jones, Robert C. Mandigo, Jr., Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Absent: None August 22, 2000 Item M. 1. APPOINTMENTS - 52 - ITEM # 47083 BY CONSENSUS, City Council RESCHEDULED: VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) August 22, 2000 Item IV-M. 2. APPOINTMENTS - 53 - ITEM # 47084 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Roy David Flangan 4 year term 10/01/00 - 9/30/04 AGRICULTURAL AD VISOR Y COMMISSION Voting: l 1-O Council Members Voting Aye: Linwood O. Branch, II1, Margaret L. Eure, William W. Harrison, dr., Barbara 3!4. Henley, Louis R Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members' Voting Nay: None Council Members Absent: None August22, 2000 Item IV-M. 3. APPOINTMENTS - 54 - ITEM tt 47085 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Kenneth Rodman State Registered Profession al in Design Unexpired term thru 12/31/00 plus 2 years 01/01/01- 12/31/02 Andrew R. Broyles Licensed General Contractor Unexpired term thru 12/31/00 plus 2 years 01/01/01 - 12/31/02 Alternates: Mark Ricketts Term: 09/01/00- 12/31/02 Randy Royal Term: 09/01/00- 12/31/02 BOARD OF BUILDING CODE APPEALS New Construction Division Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 - 55 - Item IV-M. 4. APPOINTMENTS ITEM # 47086 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: Albert W. Balko, Alternate 5 years 9/01/00 - 8/30/05 BOARD OF ZONING APPEALS (BZA) Voting: 1 l-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August22, 2000 Item IV-M. 5. APPOINTMENTS - 56- ITEM # 47087 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Nancy K. Parker Unexpired thru 6/30/02 HAMPTON ROADS TRANSPORTATION DISTRICT COMMISSION (HRT) Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, Wilham W Harrison, Jr., Barbara M. Henley, Louis R Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 -57- Item IV-M. 6. APPOINTMENTS ITEM # 47088 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Emily Man dy 8/01/00 - 3/31/03 HEALTH SERVICES AD VISOR Y BOARD Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 Item IV-M. 7. APPOINTMENTS - 58 - ITEM # 47089 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: APPOINTED: (s/os/oo): Thelma Carrol (Centerville) (8/22/00): Stephanie Betts-Broussard (At Large) 3 year terms 9/1/00 - 8/31/03 AND, REAPPOINTED: (8/8/00): H. Frank Malbon (Lynnhaven) Mark N. Snyder (At large) 3 year terms 9/1/00 - 8/31/03 PARKS AND RECREATION COMMISSION Voting: 1 l-O Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, dr., Barbara M. Henley, Louis R. dories, Reba S. McCIanan, Robert C. Mandigo, dr., Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, dr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 Item IV-M. 8. APPOINTMENTS - 59 - ITEM # 47090 Upon NOMINATION by Vice Mayor Sessoms, City Council: APPOINTED: AND, REAPPOINTED: Voting: i l-O Charles Flowers 3- year term 9/01/00 - 8/31/03 Karl Morrison Unexpired thru 8/31/01 Pat Windsor 3 year term 9/01/00- 8/31/03 Susan L. Goranson 3 year term 9/01/00 - 8/31/03 Susan Shaw Hulbert 3 year term 9/01/00- 8/31/03 Rhonda Goodman Mealy 3 year term 9/01/00 - 8/31/03 Sandra J. Tainter 3 year term 9/01/00 - 8/31/03 PUBLIC' LIBRARY BOARD Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members' Voting Nay: None Council Members Absent: None August 22, 2000 - 60 - Item IV-M. 9. APPOINTMENTS ITEM # 47091 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Lu Hou Unexpired thru 12/31/01 RESORT AD VISOR Y COMMISSION (RA C) Voting: 11-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William W. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members' Voting Nay: None Council Members' Absent: None August 22, 2000 Item IV-O. I. - 61 - NEW BUSINESS ITEM # 47092 BY CONSENSUS, ABSTRACT OF LEGAL CASES RESOLVED - JULY 2000, shall be recorded by the City Clerk. August 22, 2000 Item IV-O. 2. NEW BUSINESS ITEM # 47093 ADD-ON Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADDED~ADOPTED: Ordinance to AUTHORIZE Planner H position in Planning Department /APPROPRIATE $42,637 to fund position in FY 2001 Planning Department's operating budget. Voting: 1 l-0 Council Members Voting Aye: Linwood O. Branch, III, Margaret L. Eure, William 145. Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan, Robert C. Mandigo, Jr., Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: None August 22, 2000 1 Requested by Councilmembers Margaret L. Eure and Nancy K. Parker AN ORDINANCE AUTHORIZING THE CREATION OF A NEW PLANNER II POSITION AND APPROPRIATING $42,637 TO FUND THE POSITION FOR THE REMAINDER OF FY 2000-01 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 WHEREAS, the City Council has amended Section 111 of the City Zoning Ordinance ("CZO") by establishing design and other standards for retail establishments; WHEREAS, Section 111, as amended, will have a significant impact on the administrative site plan review process for new retail development, changing it from a review process now performed by a technician to a review process that will require the skills of a professional planner; WHEREAS, the Planning Department is not presently staffed to handle the increased workload that will be generated by this amendment to Section 111; and WHEREAS, it is the intent of City Council that the amendment to Section 111 not result in any significant increase in the average time it currently takes.to review site plans for retail establishments. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Manager is hereby authorized to create a new Planner II position in the Planning Department for the purpose of reviewing site plans for new retail establishments; 2. That $42,637 is hereby appropriated from the General Fund Reserve for Contingencies to the Planning Department's FY 2000-01 Operating Budget to fund the salary, benefits and equipment needs of the new position from September 1, 2000, through the end of Fiscal Year 2000-01; and 32 33 34 35 36 3. That the City Manager is hereby directed to include, in the Planning Department's FY 2001-02 Operating Budget, adequate funding for continuation of the position. Adopted by the Council of Beach, Virginia, on the 22 day of AUGUST the City of Virginia , 2000. CA-7846 ORDIN~NONCODE~Planner II.Ord RI August 21, 2000 APPROVED AS TO CONTENT: ~6~ ~,~.u~ Planning'~D~epartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office - 63 - COMMENTS OF THE MA YOR ITEM # 47094 Mayor Oberndorf , in behalf of City Council, thanked King Neptune and referenced the Neptune Festival's theme "Aladdin and his Magic Carpet caps". There was a very prominent individual in Newport News, whose name was Mr. Ferguson. He built Newport News Shipbuilding and Drydock Corporation. He always wore a similar cap. August 22, 2000 - 64- Item 1V-P. 1. AD JO URNMENT ITEM # 47095 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:45 P.M. · Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August22, 2000