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MARCH 11, 1997 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM D SESSOMS JR At Large JOHN A BAUM Blackwater Borough LIN'WOOD 0 BRAN~CH Ill V~rglnm Bemh Borough WILLIAM W HARRISON JR L~nnhaven Borough HAROLD HEISCHOBER At Large BARBAR4 ~ HENLEY Pungo Borough LOUIS R JONES Bays*de Borough REBA S McCLAN'AN Princess Anne Borough NANCY K PARKER At Large LOUISA ~ STRAYHORN Kempswlle Borough JAMES K SPORE C~ty Manager LESLIE L LILLEY City Attorney RUTH HODGES SMITH CMC / AAE C~ty Clerk CITY COUNCIL AGENDA March 11, 1997 ( IT¥ HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 1757~ 427-4303 I. CITY MANAGER'S BRIEFINGS - Conference Room - 10'30. AM ae Be HURRICANE PROTECTION STATUS Ralph A. Smith, Director, Public Works LAKE RIDGE CONCEPT PLAN Robert J. Scott, Director, Planning II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 1:00 PM B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Larry Hinton Mount Zion AME Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES i · SPECIAL FORMAL SESSION INFORMAL & FORMAL SESSIONS February28, 1997 March 4, 1997 G. AGENDA FOR FORMAL SESSION He CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. PUBLIC HEARING 1. MULTI-PURPOSE STADIUM J· RESOLUTION/ORDINANCES i · Resolution requesting Congress to fund Corps of Engineers Projects within the City of Virginia Beach in Federal Fiscal Year 1998: a. Erosion Control and Hurricane Protection $25-Million b. Spring 1998 Truck Haul $ 950,000 c. Maintenance dredging of Rudee Inlet $ 450,000 d. Sandbridge Erosion Control $7.4-Millic~ · Ordinance to AMEND and REORDAIN Section 2-6 of the Code of the City of Virginia Beach re increasing the membership of the Resort Area Advisory Commission (RAAC) and amend the By-Laws accordingly. (Requested by Councilman Linwood O. Branch III) · Ordinance to APPROPRIATE $3,737,760 from the General Fund Unobligated Fund Balance to the Department of Public Works FY 1996-1997 Operating Budget to provide funding to enter into a contract re Residential Curbside Collection of Recyclable Material from Virginia Beach residents; this funding to be returned to the General Fund Balance at the end of FY 1996- 1997 to be available in FY 1997-1998 to operate the City's Drop-off Recycling Center Program; and, to authorize the necessary contract documents. · Ordinance to authorize a temporary encroachment into a portion of the City's existing maintenance easement at the rear of Lot 20 (3289 Fay·rte Drive) to Vincent J. and Evelyne Bonanno re a removable modular deck. · Ordinance to authorize a License Refund in the amount of $346.28. K· PUBLIC HEARING 2:30 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. i · Application of ALICE ROSE VAUGHAN for an enlargement of a nonconforming use at the Southwestern extremity of Ridge Road, re enlargement of existing guest cottage to provide additional living area (VIRGINIA BEACH BOROUGH). Recommendation: DEFERRAL · Application of RHEMA OUTRE, ACIi CENTER for a Conditional Use Permit for a ~ at the Southeast corner of Baker Road and Weblin Drive (800 Baker Road), containing 3 acres more or less (BAYSIDE BOROUGH)· Recommendation: APPROVAL · Application of DEVELOPMENT OPTIONS, INC., for a Change of Zonino District Classification from R-5D Residential Duplex D_~to Conditional B-2 Community Business District at the Northeast intersection of Lynnhaven Parkway and Salem Road, adjacent to Salem Crossing Shopping Center, containing 5.14 acres (KEMPSVILLE BOROUGH). De ferred: 11 February 1997 Staff Recommendation: DENIAL Planning Commission Recommendation: APPROVAL 0 Applications of BAYMARKCONSTRUCTION CORPORATION on the North side of Indian River Road, 5,000 feet more or less West of West Neck Road (PRINCESS ANNE BOROUGH): a· Reconsideration and Modification of Proffers on 4 January 1994 approved Changes of Zoning to Indian River Plantation, Inc. and Indian River Country Club Estates re additional acreage for 33 lots. be Conditional Chang~ of Zoning Distric~ Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-40 Residential District, containing 36 acres· Co Variances to the Subdivision Ordinance re the platting of 2 additional lots which do not meet lot width requirements for the R-40 Residential District. Recommendation: APPROVAL · Application of RIGANTO, L.L.C., for a Change of Zoning District Classification from AG-1 and AG-2 Aoricultural Districts to Conditional R-7.5 Residential District at the Southeast intersection of Holland Road and Proposed Ferrell Parkway, containing 12 acres (PRINCESS ANNE BOROUGH). Recommendation-. APPROVAL · Application of MOORE FARM ASSOCIATES for a Chanoe of Zonin~ District Classification from B-2 Community Business District to Conditional A-12 Apartment District at the Northeast corner of Wesleyan Drive and Heatherwood Drive, containing 1.816 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL · Application of CITY OF VIRGINIA BEACH to AMEND and REORDAIN Sections 30-57, 30-61 and 30-75 of the Code of the City of Virginia Beach re the Erosion and Sediment Control Ordinance and the land disturbance activity from 10,000 to 2,500 square feet. Recommendation: APPROVAL ne APPOINTMENTS CHESAPEAKE BAY PRESERVATION AREA BOARD HEALTH SERVICES ADVISORY BOARD PENDLETON PROJECT MANAGEMENT BOARD PLANNING COUNCIL TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT FY 1997-1998 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE EVENT Budget & C I P Presentation Council Workshop Council Workshop Council Workshop Council Workshop Public Hear~cj Council Workshop Council Workshop Public Hearing Reconcdlatlon Workshop Adorn Budget & C.I.P DATE Tuesday, April 1 Thursday, April 3 Tuesday, April 8 Thursday, April 10 Tuesday, April 15 Thursday, April 17 Thursday, April 24 Tuesday, April 29 Tuesday, May 6 Tuesday, May 6 Tuesday, May 13 TIME 200 PM 300 PM - 600 PM 10 00 AM - Noon 3'00 PM - 6.00 PM 10.00 AM - Noon 700 PM 3 00 PM - 6'00 PM 300 PM - 600 PM 200 PM Following Council Session 200 PM PLACE City Council Chamber City Manager's Conference Room City Manager's Conference Room City Manager's Conference Room City Manager's Conference Room Princess Anne High School City Manager's Conference Room City Manager's Conference Room City Manager's Conference Room City Councd Chamber City Council Chamber 0W06/97cmd AGENDA\03-11-97 PLN www vlrglnabeach va us If you are physically diMMed 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 - Telephon= Device for the Deaf) MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 11, 1997 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, March 11, 1997, at 10:30 A.M. Council Members Present: John A. Baurn, Linwood O. Branch, III, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. William W. Harrison, Jr. Louisa If. Strayhorn [ENTERED: 11:05 A.M.] [ENTERED: 10:50 A.M.] [ENTERED: 2:00 P.M.] [IN WASHINGTON, D. C ~4T NLE/LEO, FLIGHT DELAY] -2- CITY MANAGER'S BRIEFING HURRICANE PROTECTION STATUS 10:30 A~I. ITEM # 41851 Ralph Smith, Director of Public Works, advised the Erosion Control and Hurricane Protection Project is a $103-MILLION project being accomplished by the U.S. Army Corps of Engineers and the City of Virginia Beach on a cost sharing basis with the Federal Government paying 65% of the cost and the City bearing 35% of the cost ($36-MILLION). The Boardwalk will eventually be extended to Fortieth Street and the Seawall to 58th Street. When completed, the Seawall top will be 4 1/2 feet above the elevation of the sand on the beach. From $8th Street north to 89th Street, the City will be improving the dune system to have a dune minimum elevation of 18 feet. The existing dunes, taller than 18 feet, will not be disturbed. Walkways will be provided over the dunes from 58th Street to 89th Street. Those walkways are for the purpose of convenient access to the beach and to protect the dunes from people walking randomly across and damaging same. The project will place 3-1/2-MILLION cubic yards on the beach to elevation 9 and level for a distance lOO feet out from the Seawall and then at a 20-to-I slope to the water giving the City an average beach worth of 280 feet or more at low tide, a little less at high tide. The Boardwalk that will be built from Rudee Inlet to 40th Street is 28-feet wide with uniform elevation, as is the Seawall at elevation 13.5. The storm drainage will be improved in the Resort Area with 2 new pump stations, one at 16th Street and one at 42nd Street, both of which will have ocean outfalls and pump the storm water offshore as opposed to pouring it across the beach which is very unslightly. The City already has a pump station at 79th Street. This discharges onto the beach and this pump station, as part of this project, will be provided as an ocean outfall. Another feature of this project is the contract between the Army Corps and the City, the cost share and the next fifty years of maintenance on the beach berm. Mr. Smith displayed a rendering of the pump stations, which are underground, as currently planned to be constructed. The sculptured projections of I0 and 8feet high, respectively, are intakes for air and exhaust. These will be operational when the diesel electrical emergency power sources operate during storms. They will be carefully screened to keep out obstacles to storm water management. These will be compatible with the other sculptures in the Resort Area. There are over 2,000 homes and businesses between 89th Street and Rudee Inlet that will gain protection from up to a 140-year storm event. This is equivalent to the 1933 hurricane (Category 2 Storm, with a surge of 9 feet above the normal tide). The other reason is to protect the City's tax base. This is a 6.2-mile long project. Between the Seawall and Atlantic Avenue, the value of the property is over $$87-MILLION. In addition to that, 7,000jobs wouM be lost in the Winter and 21, O00 jobs in the Summer, with a tax loss of approximately $34-MILLION per year. If the City does not have a Federal coastal project and the City has a disaster, Virginia Beach is not eligible for assistance in restoring the beach. The Seawall and the Boardwalk were built in the 1920's and have been repaired for many years. The cost to replace the Seawall and the Boadwalk had been estimated to cost in excess of $21- MILLION. By having this project, the Seawall, Boardwalk and Bikeway arrangement will incur only a direct cost to the citizens of the City at 35% of the expenditure. A project exists for North Beach drainage between 42nd and 68th Street, with an estimated cost before this project came along of $22.3-MILLION. By incorporating some of the work in this project, the City is able to reduce this cost to approximately $15-MILLION, a very substantial savings to the City. The City has a guarantee for fifty years that the Federal Government will pay the City 65% of the cost for beach renourishment. The reason the project is getting this Federal support is simply: it is an insurance policy for the Federal government. The government can save money re flood insurance by proctecting and preventing the damage in the beginning. Mr. Smith displayed a graphic from Rudee Inlet to 89th Street. The first project undertaken on October 1, 1996, was from Rudee Inlet to 8th Street (Seawall and the Boardwalk). That project is 77% complete with 72% of the time elapsed. The project is ahead of schedule and expected to be completed with landscaping and handrails in place by May 15, 1996. The second portion of the project is from 43rd Street to 58th Street, which is also a Sewall, but without a Boardwalk. It is anticipated, on April First, the contractor will get a construction notice to proceed and will commence work. With each of these segments, the City is attemptbtg to avoid a contract with the Summer season. In this particular area, that will not be possible, but it has the least impact in terms of the tourist interruption. The two pump stations went through an extended period of predesign discussion between the City and the Corps of Engineers. March 11, 1997 -3- CITY MAN,4 GER 'S BRIEFING HURRICANE PROTECTION ST,4TUS ITEM # 41851 (Continued) The Corps had proposed gravity discharge. The Staff believed this was not responsive enough to the needs of the City. Eventually, both parties agreed to go ahead with pumped ocean discharge. Design has now commenced with the pump stations 90% and 75% designed respectively. Construction is anticipated to commence October 1997. The balance of the work on the sections of Seawall are affected by the aforementioned pump stations and will be over two Winter seasons. Construction commencing during this calendar year 1997 and the fiscal year of the Federal Government (Fiscal Year 1998) will be: the two pump stations and construction at 27th-1/2 to $7th-I/2 Streets, to accommodate at least one more year of the Holiday of Lights before an impact on the Winter season. The entire project should be completed in April 2000. The only segment, beyond the latter part of 1999, is the one segment from 37th-1/2 to 40th Street. The staff is still worMng the Army Corps of Engineers to determine if this can be accomplished concurrently with one of the other segments. If successful, the project will be completed late 1999. Mr. Smith displayed a graphic to relate to the Fiscal Years of the Federal Government and the various phases of the contract with a depiction of the status of funding. The first contract is from Rudee to Eight Street. The funds are available and the work is in progress. In the case of the Phase H contract, $9.7- MILLION, the Federal government receives their funding in annual increments. If they do no receive their funding for the next segment of the work, the contractor must shut the job down within the funding that is available to that point in time. The City has the funding necessary for this segment. There is about a $3-1/2 to $4-MILLION shortfall within these funds, which is not only for this particular contract, but if they do not receive funding in 1998, someone would have to come up with additional funding to keep the design effort going on the work commencing in Fiscal Year 1998. If the Federal Government did not receive their funding, the City would have to come up with $4-MILLION. The City already has these funds programmed. The approved CIP has $14.3-MILLION for next year's appropriation for this project. As the Project moves forward to the next phase, Fiscal Year 1998, the Federal Government must have funds in the amount of $26.5-MILLION, which they have budgeted, plus the $3.5-MILLION missed this past year. March 11, 1997 -4- CITY M,4N,4GER'S BRIEFING LAKE RIDGE CONCEPT PLAN 11:12 A.M. ITEM # 41852 Robert J. Scott, Director of Planning, advised relative the Lake Ridge Concept Plan, the staff wouM suggest a PUBLIC HEARING on March 25, 1997, with a vote on April 1, 199Z Mr. Scott cited the points concerning Lake Ridge: L Schedule Briefing - March 11, 1997 Public Hearing - March 25, 1997 Vote -April 1, 1997. II. Final Product III. Setting - continuous corridor of open space IV. Holistic vs. One--at-a-time. Leads to conclusion that, with a theme, some projects do not belong and some do. Guided by mission statement. V. Things that changed. 112 acre acquisition Juvenile Detention Facility Stadium expansion School and Vo-tech Golf Road alignment VI. Key Points 150 acre Site Golf Relocated Road Educational & Training Complex Elementary - Vo- Tech Middle - Community College High - tligher Education Relocated park Trail system VII. Relationship to Surrounding Points. Southeastern Parkway - green space Princess Anne Road cross-section Over vs. Under VIII. Next Steps Process as outlined above. Finalize golf course Master Street and Highway Plan changes Decision on Stadium. Detention Center Southeastern Parkway & Greenbelt Staff to take design aspects further Princess Anne Master Plan March 11, 1997 -5- CITY MANAGER'S BRIEFING LAKE RIDGE CONCEPT Pl..AN ITEM # 41852 (Continued) The Mission Statement for Princess Anne Corridor is to utilize the land within this corridor to its fullest and highest quality potential through private investment; to further promote the available base of amenities that support economic expansion and enhance the quality of life, consistent with the goals, objectives, and policies of the City of Virginia Beach. Alternative Four is the preferred alternative and is the recommended land use plan for the Lake Ridge property. The following are the features of the recommended Land Use Plan: Princess Anne Park Relocation: The relocation of Princess Anne Park is proposed, from its current location at the intersection of Dam Neck and Princess Anne Roads, to a location south of the amphitheater and Dam Neck Road. Higher Education/Business Facilities: The relocation of the park allows a portion of the current park site to be reused for business and uses related to education. It is envisioned that this area, combined with the City-controlled property on the north side of Princess Anne Road, would become a high-quality office and research center, associated with the activities at the Virginia Beach Higher Education Center. Public Schools: As part of the effort to ensure three school sites on the Lake Ridge property (an elementary, middle and high school), locations for those schools were identified. Multi-Purpose Stadium: The site proposed for the stadium is the area between Landstown Road and the Southeastern Parkway and Greenbelt right-of-way. This site has nearly 150 acres, making it possible to locate both an ultimate 30,000 seat stadium, a stormwater management lake, and adequate parking on the site. Golf Courses/Resort: The plan allocates over 450 acres for the development of two quality 18-hole golf courses and a resort hotel complex. Juvenile Detention Center: A lO-acre site is allocated for a proposed Virginia Beach Juvenile Detention Center. Business/Office Area: Land within the former Princess Anne Commons property not allocated to the middle school, the golf course, or the juvenile detention center is allocated for business/office uses compatible in use and design to the Municipal Center. Steve White, Planner III - Department of Planning, assisted Mr. Scott with the presentation. The Lake Ridge Concept DRAFT Plan is hereby made a part of the record. BY CONSENSUS, a PUBLIC HEARING re the LAKE RIDGE CONCEPT PLAN shall be SCHEDULED for the City Council Session of March 25, 1997. March 11, 1997 -6- AGENDA RE VIEW SESSION 11:58 A.M. ITEM # 41853 Council Lady Parker requested this Resolution be separated into two Resolutions to reflect her OPPOSITION to the Sandbridge portion. J. 1 Resolution requesting Congress to fund Corps of Engineers Projects within the City of Virginia Beach in Federal Fiscal Year 1998: a. Erosion Control and Hurricane Protection b. Spring 1998 Truck Haul c. Maintenance dredging of Rudee Inlet d. Sandbridge Erosion Control $25-Million $ 950,000 $ 450,000 $7.4-Million Council Lady McClanan had concerns relative the Northend project and did not support the aspect of this Ordinance. The City Manager advised the materials have been ordered and are being delivered next week for this project. Councilman Harrison inquired if the materials could not be stored and construction commence in the Fall. Mayor Oberndorf advised there have been numerous concerns relative the stormwater runoff carving out the beach when there are storms. Citizens wish to have ocean outfalls and pump the storm water offshore as opposed to pouring it across the beach. Part of this accomplishment must come through the Project on Hurricane Protection at the northend. The City Manager advised the bids for the project came in approximately $2-MILLION under the estimate. Councilman Harrison advised this project will not relieve the pooling of water along Atlantic Avenue. It is only going to pump the water offshore from the outfall at 42nd Street. The City Manager advised the pump station improvements would be the next phase, and if congressional funds were allocated, would be under construction in the Fall 1997 at 16th and 42nd Street. The Hurricane Protection Project will reduce the actual Northend drainage project cost by approximately $7-1/2- MILLION. The project will connect into the existing pumping and piping. The actual funding of the Northend drainage project will be considered in the Capital Improvement Program. ITEM # 41854 Council Lady McClanan referenced the ordinance re Residential Curbside Collection of Recyclable Material, and wished to defer same. This ordinance overestimates what the collectibles can and will be. Council Lady McClanan can not support this contract unless it addresses a caping of the amount to be paid by the City. The City Manager advised a brief presentation shall be given during the Formal Session. Deferral will delay the implementation of the service. March 11, 1997 -7- AGENDA RE VIEW SESSION ITEM # 41855 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTION~ORDINANCES J. 2 Ordinance to AMEND and REORDAIN Section 2-6 of the Code of the City of Virginia Beach re increasing the membership of the Resort Area Advisory Commission (RAAC) and amend the By-Laws accordingly. (Requested by Councilman Linwood O. Branch III) J. 4. Ordinance to authorize a temporary encroachment into a portion of the City's existing maintenance easement at the rear of Lot 20 (3289 Fayette Drive) to Vincent J. and Evelyne Bonanno re a removable modular deck. J. 5 Ordinance to authorize a License Refund in the amount of $346.28. March 11, 1997 -8- AGENDA RE VIEW SESSION ITEM # 41856 Councilman Harrison advised this application is in the LYNNHAVEN BOROUGH, not VIRGINI,4 BEACH BOROUGH: ICI Application of ALICE ROSE VAUGHAN for an enlargement ora nonconforming use at the Southwestern extremity of Ridge Road, re enlargement of existing guest cottage to provide additional living area P, OROUGII)L YNNHA ["EN BOROUGH. ITEM # 41857 Mayor Oberndorf referenced a telephone message from Council Lady Strayhorn as she was boarding the airplane from the National League of Cities Meeting. The applicant and the church who owns the proeprty are requesting an INDEFINITE DEFERRAL: Application of DEVELOPMENT OPTIONS, INC., for a Change o_f Zoning District Classification from ]{-5D Residential Duplex District to Conditional B-2 Communi~_ Business District at the Northeast intersection of Lynnhaven Parkway and Salem Road, adjacent to Salem Crossing Shopping Center, containing 5.14 acres (KEMPSVILLE BOROUGH) ITEM # 41858 Council Lady McClanan wished to make a DISCLOSURE: Applications of BAYMARK CONSTRUCTION CORPORATION on the North side of Indian River Road, 5,000 feet more or less West of West Neck Road (PRINCESS ANNE BOROUGH): a. Reconsideration and Modification of Proffers on 4 January 1994 approved Changes of Zon#tg to htdtan River Plantation, Inc. and Indian River Country Club Estates re additional acreage for 33 lots. b. Conditional Change of Zoning District Classification from/IG- I and AG-2 Agricultt4ral Districts to Conditional 1~-40 Residential District, containing 36 acres. C. Variances to the Subdivision Ordinance re the platting of 2 additional lots which do not meet lot width requirements for the R-40 Residential District. Council Lady Henley requested a discussion of utilizing the proffered funds to make interim improvements on Indian River Road. March 11, 1997 -9- AGENDA RE VIEW SESSION ITEM # 41859 Mayor Oberndorf inquired if this applicant was Mr. Summs. Council Lady McClanan advised Jim Arnhold is associated with this application. This item will be discussed during the Formal Session. Application of RIGANTO, L~L.C., for a Change of Zoning District Classification from ~tG-1 and ,4G-2 /lgricultural ~ to Conditional R-7.5 Residential District at the Southeast intersection of Holland Road and Proposed Ferrell Parkway, containing 12 acres (PRINCESS ANNE BOROUGH). ITEM # 41860 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: PUBLIC HEARING - PLANNING K. 1 Application of ALICE ROSE VAUGHAN for an enlargement of a nonconforming use at the Southwestern extremity of Ridge Road, re enlargement of existing guest cottage to provide additional living area (VIRGINIA BEACH BOROUGH). K. 2 Application of RtIEMA OUTREACH CENTER for a Conditional Use Permit for a church at the Southeast corner of Baker Road and Weblin Drive (800 Baker Road), containing 3 acres more or less (BAYSIDE BOROUGH). K. 3 Application of DEVELOPMENT OPTIONS, INC., for a Change of Zoning District Classification from R-5D Residential Duplex District to Conditional B-2 Community Business District at the Northeast intersection of Lynnhaven Parkway and Salem Road, adjacent to Salem Crossing Shopping Center, containing 5.14 acres (KEMPSVILLE BOROUGH). K. 6 Application of MOORE FARM ASSOCIATES for a Change of Zoning District Classification from B-2 Community Business District to Conditional ~4-12 ~4partmcnt District at the Northeast corner of Wesleyan Drive and Heatherwood Drive, containing 1.816 acres (BAYSIDE BOROUGH). K. 7 Application of CITY OF VIRGINIA BEACH to AMEND and REORDAIN Sections 30-57, 30-61 and 30-75 of the Code of the City of Virginia Beach re the Erosion and Sediment Control Ordinance and the land disturbance activity from 10, 000 to 2, 500 square feet. Item K1 and K. 3 were DEFERRED INDEFINITELY BY CONSENT. March 11, 1997 - 10 - CITY COUNCIL CONCERNS 12:20 A.M. ITEM # 41861 Council Lady Parker referenced the $1st Street Parking Lot. Starship Ice, currently leasing this location, will vacate the property on or about March 31, 1997. Parking Systems Management will re-open public parking on this site as soon as it is restored. Councilman Branch advised this is for this Summer; however, RA,4C is currently investigating the possibility of open spacing this location. Individuals who were the motivators behind 24th Street Park are very interested in the possibility of a 31st Street Park. ITEM # 41862 Council Lady Henley advised the update of the Potential Obligations attd Commitments Listing was extremely interesting and caused concern relative larger appropriation items which were not in the budget process. March 11, 1997 - 11 - ITEM # 41865 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, March 11, 1997, at 12:22 P.M. Council Members Present: Linwood O. Branch, III, William W. llarrison, Jr., ltaroM Heischober, Barbara M. Henley, Louis R. Jones, Rcba S. McClanan, Mayor Meyera E. Oberndoff, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: John A. Baum [ItAD TO LEAVE FOR A FUNERAL] Louisa If. Strayhorn IDELAYED IN FLIGHT FROM NLC/LEO (OUT OF D.C.)] March 11, 1997 - 12 - ITEM # 41864 Mayor Meyera E. Oberndoff, entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of }qrginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-$44 (A) (1). To Wit: Appointments - Boards and Commissions: Chesapeake Bay Preservation Board Health Services Advisory Board Pendleton Project Management Board Planning Council Towing Advisory Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Acquisition of Property Virginia Beach Borough Southeastern Parkway and Greenbelt LEGAL MA~ERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(~4)(7). Lake Gaston Water Supply Project Daniel M. Hoosack v. Sean R. Coerse Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION (12:24 P.M.) Voting: 9-0 Council Members Voting Aye: Linwood O. Branch, III, William gE. Harrison. Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: John A. Baum and Louisa M. Strayhorn March II, 1997 - 13- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 11, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Councd Chamber, City Hall Budding, on Tuesday, March 11, 1997, at 2:00 P.M Council Members Present: Ltnwood O. Branch, III, Wdham W Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vtce Mayor Wtlliam D Sessoms, Jr. and Loutsa M Strayhorn Councd Members Absent. John A Baum {ATTENDING FUNERAL] INVOCATION Reverend Larry Htnton Mount Zton AME Church (CHURCH'S 125TH ANNIVERSARY) PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Central Fidehty Bank ABSTAINED on Item ,1.3 (Restdenttal Curbstde Collectton of Recyclable Material) and dtsclosed there were no others matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either inchvtdually or tn hts capactty as an officer of Central Fidehty Bank. The Vtce Mayor regularly makes this Disclosure as he may or may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vice Mayor Sessoms' letter of January 1, 1997, ts hereby made a part of the record March 11, 1997 - 14 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 41865 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 8-0 Council Members Voting Aye: William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Louisa M. Strayhorn Council Members Absent: John ,4. Baum and Linwood O. Branch, III Council Lady Strayhorn ABSTAINED as she was not in attendance during the EXECUTIVE SESSION. March 11, 1997 Beso u on CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 41864, Page No. 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 Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. ~th "' : Hodges Smith, CMC/AAE City Clerk March 11, 1997 - 15 - Item V-F. 1 MINUTES ITEM # 41866 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION of February 28, 1997. Voting: 9-0 Council Members Voting Aye: William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy I~ Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum and Linwood O. Branch, III March 11, 1997 - 16 - MINUTES ITEM # 41867 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 4, 1997. Voting: 8-0 Council Members l~'oting Aye: William W. Harrison, Jr., tlaroM lleischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: John A. Baum, Linwood O. Branch, III Vice Mayor Sessoms ~STAINED as he was not in atte, dance duri,g the City Council Session of March 4, 1997. March 11, 1997 -17- Item V-G. AGENDA FOR FORMAL SESSION ITEM # 41868 BY CONSENSUS, City Council ADOPTED: AGENDA FOR TIlE FORMAL SESSION March 11, 1997 - 18 - Item V-I.I. PUBLIC HEARING Mayor Oberndorf DECLARED A PUBLIC HEARING: MULTI-PURPOSE STADIUM Donald Maxwell, Director of Economic Developmen6 Bradford Tazewell - TAF Group; Frank Anderson - HOK Sports; William Cashtnan - Langley and McDonald; Mark Garcea; Page Johnson; Shawn McDonaM - representing Hampton Roads Mariners; Peter Gooding - United States International Regional Soccer League; and, Mark Wawner - Economic Development: presented information relative the Multi-Purpose Stadium. The following registered to speak: Julio lzaguirre, 584 Brentwater Road, Phone: 431-9491 Becky lzaguirre, 584 Brentwater Road, Phone: 431-9491 Sonia Guerra, 304 Wood Edge Court, Phone: 671-8923 Gregg Lenentine, 1077 Rolling Pt. Ct., Phone: 471-3676 Tim Barrow, 1928 Thunderbird Dr., Phone: 427-2900 George Slater, 524 Longleaf Road, Phone: 340-3649 Grigsby Scifres, 901 Columbus Circle, Phone: 473-5345, represented Hampton Roads Soccer League Dick Whalen, 1276 Mossy Oak Ct., Phone: 683-3018 Jimmy Capps, 1503 Atlantic Ave., Phone: 428-1821 Nelson Adcock, 4512 Va. Beach Blvd., Phone: 664-2575, represented the Hampton Roads Chamber - Fa. Beach Chapter Michael Barrett, 2101 Parks Avenue, Phone: 422-1568, Chief Executive Officer - Runnymeade Corporation Jack Clarke, 4512 Va. Beach Blvd., Phone: 664-2575, Hampton Roads Sport Council Dr. T. J. Morgan, 328 Lynnshores Dr., Phone: 498-4455, represented the Hampton Roads Sharks Mark McMullen, 928 Meadowood Drive, Phone: 463-0996 David Zobe~ 4705 Columbus Street, Phone: 499-1841 William Sams, 700 Oriole Drive, Phone: 422-1196 Kevin Denson, 2644 Cantwell, Phone: 427-2764 Daniel Burke, 3289 Old Carolina Road, Phone: 421-4503 Bruce Hatfield, 425 Parker Road, Chesapeake, Phone: 547-5425 Jane Brooks, 721 Hilltop Road, Phone: 425-1597, represented President- Virginia Beach Council PTA's. Bill Reid, 153 Pinewood Drive, Phone: 463-1940 Judy Hanna, 1348 Marshall Lane, Phone; 460-5218 I~ Whitesell, 2620 Hunters Run Trail, Phone: 427-3069 Ira Miller, 4129 Country Club Circle, Phone: 464-1201 Ellen Carlson, 5433 Branchwood Way, Phone: 463-1001 Dennis Borgerding, 3716 Joppa Lane, Phone: 471-2197 Maxine Graham, 581 Sandbridge Road, Phone: 721-3661 Wally Rowland, 3612 Stepping Stone Lane, Phone: 340-2043 June McDaniels, 2902 Eriksen Court, Phone: 496-2570 Stephen R. Davis, 170 Lower Church Court, Phone: 363-8725 Eloise Chandler, 1016 Ditchely Road, Phone: 425-0673 John Corley, 420 Wales Neck Trail, Phone: 340-6537 Tracey Rutherford, 2697 International Parkway #5-100, Phone: 427-1230 Robert W. "Bob Carter, Sr. Vice President - Harvey Lindsay, 1400 Dominion Tower, Phone: 640-8700/640-8229 Curtis Gottel, represented Mariners Austin Corbett, 307 Sunflower Court, Phone: 340-0043 There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 11, 1997 - 19 - Item V-J. RESOLUTIONS~ORDINANCES ITEM # 41869 Upon motion by Councilman Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Ordinances 2, 4 and 5. Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John ,,1. Baum March I1, 1997 - 20 - Item V-J. la. RESOLUTIONS ITEM # 41870 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolution requesting Congress fund Corps of Engineers Projects within the City of Virginia Beach in Federal Fiscal Year 1998: Erosion Control and Hurricane Protection Spring 1998 Truck Haul Maintenance dredging of Rudee btlet $ 25-Million $ 950,000 $ 450,000 Voting: 10-0 Council Members Voting Aye: Linwood O. Branch, III, William W. Ilarrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum March 11, 1997 A RESOLUTION REQUESTING CONGRESS TO FUND CORPS OF ENGINEERS' PROJECTS WITHIN THE CITY OF VIRGINIA BEACH IN FEDERAL FISCAL YEAR 1998 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 WHEREAS, the City and the Corps of Engineers have been partners in the planning, funding, and construction of a number of projects within the City, some of which date back to the early 1950's; WHEREAS, these projects include the maintenance of Rudee Inlet which is home to a number of commercial interests, hundreds of recreational vessels, and is vitally needed for a National Command authority activity - the Navy Seals special boat operations; the annual maintenance of the beach between Rudee Inlet and 42nd Street under Section 934 of the Water Resources Development Act of 1986; and the construction of the Virginia Beach Erosion Control and Hurricane Protection Project which is currently underway; WHEREAS, the President's proposed 1998 budget does not provide funding for any of these projects; WHEREAS, Council has programmed the City's share of these projects; and WHEREAS, the implementation of these projects is vital to the national defense, the economy of Virginia Beach and the Commonwealth, reduction in claims against the Federal flood insurance program, and the protection of public and private infrastructure; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Congress is hereby respectfully requested to fund the above-referenced Corps of Engineers' projects through the Energy and Water Appropriations Bill in Federal Fiscal Year 1998 as follows: 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 (1) $25 million dollars to continue the Virginia Beach Erosion Control and Hurricane Protection Project and to keep it on the agreed upon schedule; (2) $950,000 for the Section 934 project to fund the spring 1998 truck haul; and (3) $450,000 of the Federal share of the maintenance of Rudee Inlet. BE IT FURTHER RESOLVED: That the city Clerk is hereby directed to provide certified copies of this resolution to Senator Charles S. Robb, Senator John W. Warner, Congressman Owen B. Pickett, and Congressman Norman Sisisky; and BE IT FURTHER RESOLVED: That City Council hereby expresses its appreciation for the ongoing work of our Congressional delegation on these projects, and is grateful for the efforts they have put forth on these projects in the past. Adopted by the Council of the City of Virginia Beach, Virginia, on the llth day of March , 1997. 52 ATTEST: 53 54 CLERK OF COUNCIL MAYOR/CITY MANAGER 55 FBUD.1 - 21 - Item F'-J. lb. RESOLUTIONS ITEM tt 41871 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Resolution requesting Congress fund the Sandbridge Erosion Control Project ($7.4-Million) in Federal Fiscal Year 1998. Voting: 9-1 Council Members Voting Aye: Linwood O. Branch, III. William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Nancy IC Parker Council Members Absent: John A. Baum March 11, 1997 A RESOLUTION REQUESTING CONGRESS TO FUND THE SANDBRIDGE EROSION CONTROL PROJECT IN FEDERAL FISCAL YEAR 1998 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 WHEREAS, the City and the Corps of Engineers have been partners in the planning, funding, and construction of a number of projects within the City, some of which date back to the early 1950's; WHEREAS, one of these projects is the Sandbridge Erosion Control Project authorized by Congress in 1992; WHEREAS, the President's proposed 1998 budget does not provide any funding for this project; WHEREAS, Council has programmed the City's share of this project; and WHEREAS, the implementation of this project is vital to the economy of Virginia Beach and the Commonwealth, reduction in claims against the Federal flood insurance program, the protection of public and private infrastructure, and protection of the fragile Back Bay eco-system; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Congress is hereby respectfully requested to approve a New Start Authorization for, and provide a $7.4 million appropriation to, the Sandbridge Erosion Control Project in Federal Fiscal Year 1998. BE IT FURTHER RESOLVED: That the City Clerk is hereby directed to provide certified copies of this resolution to Senator Charles S. Robb, Senator John W. Warner, Congressman Owen B. Pickett, and Congressman Norman Sisisky; and BE IT FURTHER RESOLVED: That City Council hereby expresses its appreciation for the ongoing work of our Congressional delegation on this project, and is grateful for the efforts they have put forth on this project in the past. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the llth day of March , 1997. 37 ATTEST: 38 39 CLERK OF COUNCIL MAYOR/CITY MANAGER 40 FBUD. 2 - 22 - Item V-J.2. ORDINANCES ITEM # 41872 Upon motion by Councilman Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 2-6 of the Code of the City of Virginia Beach re increasing the membership of the Resort Area Advisory Commission (RAAC) and amend the By-Laws accordingly. (Requested by Councilman Linwood O. Branch III) 10-0 (By Consent) Council Members Voting Aye: Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum March 11, 1997 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 Requested by Councilmember Linwood O. Branch, III AN ORDINANCE TO AMEND AND REORDAIN SECTION 2-6 OF THE CITY CODE BY INCREASING THE MEMBERSHIP OF THE RESORT AREA ADVISORY COMMISSION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 2-6 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: See. 2-6. Resort area a4visory oommission. (a) There is hereby created the resort area advisory commission which shall consist of at least eleven (11) but not more than ~---~--.. ~'"='~, nineteen {$9) members. The members of the commission shall be appointed by the city council to serve terms of three (3) years; however, the initial terms of several members shall be made for lesser terms in order to provide for staggered expirations thereof. A chairman and a vice-chairman shall be elected from the commission by its members. All members shall be residents of the city. (b) The governance and administration of the commission shall be in accordance with its bylaws, incorporated by reference herein, terms and conditions of which shall not be amended without the prior consent of city council. (c) The resolution adopted by city council on April 2, 1984, which established and appointed a resort area advisory commission, is repealed upon appointment of a new commission. BE IT FURTHER ORDAINED: That the City Manager is hereby directed to amend the Commission's bylaws (i) to make them consistent with this amendment to Section 2-6, and (ii) to provide that the membership of the Commission shall consist of at least one (1) member from each of the following associations: the Virginia Beach Hotel/Motel Association, the Virginia Beach Restaurant Association, and the Resort Retailers Association. 3,6 this Adopted by the City Council of the City of Virginia Beach on 11 day of March 1997. 38 39 40 41 CA-6563 DATA/ORDIN/PROPOSED/2-6. ORD FEBRUARY 28, 1997 R1 APPRO%TJ) AS TO LEGAL - 23 - Item V-J.3. ORDINANCES ITEM # 41873 Wade Kyle, Administrator - Waste Management, presented information relative Residential Curbside Collection of Recyclable Material. The following registered to speak: Judith K. Connors, 3958 Whispering Oaks Place, spoke relative condominiums not receiving full City services and favored fee basis for recycling Aimee Hadfield, 1208 Holly Point Road, expressed concerns relative home businesses involving recycling, represented her own business. Mrs. Daniel A. York, 141 Convention Drive, Phone: 499-5594, registered in OPPOSITION. Attorney Mike lnman, 2840 South Lynnhaven Road, represented Community Associations Institute (representing Condominium Owners), and spoke in OPPOSITION to the inequity. A MOTION was made by Council Lady McClanan, seconded by Councilman Jones to DEFER to the 1997-1998 Operating Budget process: Ordinance to APPROPRIATE $3,737,760 from the General Fund Unobligated Fund Balance to the Department of Public Works FY 1996- 1997 Operating Budget to provide funding to enter into a contract re Residential Curbside Collection of Recyclable Material from Virginia Beach residents; this funding to be returned to the General Fund Balance at the end of FY 1996-1997 to be available in FY 1997-1998 to operate the City's Drop-off Recycling Center Program; and, to authorize the necessary contract documents. Upon SUBSTITUTE MOTION by Councilman Branch, seconded by Councilman Heischober, City Council ADOPTED: Ordinance to APPROPRIATE $3,737,760 from the General Fund Unobligated Fund Balance to the Department of Public Works FY 1996- 1997 Operating Budget to provide funding to enter into a contract re Residential Curbside Collection of Recyclable Material from Virginia Beach residents; this funding to be returned to the General Fund Balance at the end of FY 1996-1997 to be available in FY 1997-1998 to operate the City's Drop-off Recycling Center Program; and, to authorize the necessary contract documents. March 11, 1997 - 24 - Item V-J.3. ORDINANCES ITEM # 41873 (Continued) Voting: 4-3 Council Members Voting Aye: Linwood O. Branch, III, HaroM Ileischober, Barbara M. Henley and Louisa M. Strayhorn Council Members Voting Nay: Louis R. Jones, Reba S. McCla,an a,d Nancy I~ Parker Council Members Abstaining: William W. Harrison, Jr. and Vice Mayor William D. Sessotns, Jr. Council Members Absent: Mayor Meyera E. Oberndorf a,d John A. Baum Vice Mayor Sessoms ABSTAINED as the contract was being awarded to a customer of his bank, Central Fidelity. Councilman Harrison ABSTAINED as his law firm is e,gaged to represent SPSA and has been since its creation. City Council's decision on the Tidewater Fibre Contract would have a foreseeable benefit or detriment to SPSA. March 11, 1997 7 8 9 10 11 12 14 15 16 17 18 19 20 21 22 23 25 26 27 28 29 31 38 AN ORDINANCE TO APPROPRIATE $3,737,760 FROM THE GENERAL FUND UNOBLIGATED FUND BALANCE TO THE DEPARTMENT OF PUBLIC WORKS' FY 1996-97 OPERATING BUDGET FOR THE PURPOSE OF PROVIDING FUNDING TO ENTER INTO A CONTRACT TO PROVIDE RESIDENTIAL CURBSIDE COLLECTION OF RECYCLABLE MATERIAL FROM VIRGINIA BEACH RESIDENTS AND TO OPERATE THE CITY'S DROP-OFF RECYCLING CENTER PROGRAM WHEREAS, the City of Virginia Beach has been a leader in the Hampton Roads regional recycling efforts; W~EREAS, City Council wishes to maintain that position by providing an enhanced recycling program for its residents; WHEREAS, City Council has been informed of a program which can be provided by a private contractor to collect at curbside an increased amount of tonnage of recyclable material frcm Virginia Beach residents and also to operate the City's drop-off recycling center program; WHEREAS, City Council desires to enter into a contract to implement this program expediently; W}{EREAS, the City has funding available from the FY 1995-96 General Fund Ending Balance; and WHEREAS, City Council desires to use a portion of those funds to provide immediate funding for the enhanced recycling program, with the understanding that the continuing funding for the program will be included in the FY 1997-98 Operating Budget; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $3,737,760 is hereby appropriated from the General Fund Unobligated Fund Balance to the Department of Public Works' FY 1996-97 Operating Budget for the purpose of providing funds to enter into a contract to provide residential curbside collection of recyclable material and to operate the City's drop-off recycling center program; That this funding will be returned to the General Fund Fund Balance at the end of FY 1996-97 since continuing funding for the recycling contract will be available in the FY 1997-98 Operating Budget; and That the City Manager and/or his designee is hereby authorized to execute and deliver a contract with Tidewater Fibre Corporation, which contract shall be satisfactory in content to the City Manager and subject to approval as to legal sufficiency by the City Attorney, to provide residential curbside collection of recyclable material and to operate the City's drop-off recycling center program. Adopted by the Council of the City of Virginia Beach, Virginia on the llth day of March , 1997. 40 41 42 Approved as to Content: Management Services Approved as to Legal Sufficiency: City Attorney - 25 - Item V-J.4. ORDINANCES ITEM # 41875 Upon motion by Councilman Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the City's existing maintenance easement at the rear of Lot 20 (3289 Fayette Drive) to Vincent J. and Evelyne Bonanno re a removable modular deck. 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 Public Works Department's specifications and approval as to size, alignment and location. 2. The applicants shall indemnify and hold harmless the City of Virginia Beach, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. No permission or authority is given to the applicant to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachments by any one other than the applicants. 4. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. The applicant must obtain a permit from the Development Services Center prior to commencing any construction within the City's maintenance easement. Any above-ground temporary encroachments shall conform to the minimum setback requirements as established by the City's Zoning Office. 6. The temporary encroachment shall terminate upon notice by the City of Virginia Beach to the applicant and, within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's maintenance easement by the applicant and the applicant shall bear all costs and expenses of removal. The City, upon revocation of such authority and permission so granted, may remove any such 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 would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time 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. March 11, 1997 - 26 - Item P'-J.4. ORDINANCES ITEM # 41875 (Continued) Voting: 10-0 (By Consent) Council Members l/'oting Aye: Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum March 11, 1997 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 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE EXISTING CITY'S MAINTENANCE EASEMENT LOCATED AT THE REAR OF LOT 20, AT 3289 FAYETTE DRIVE BY VINCENT J. AND EVELYNE BONANNO, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Vincent J. and Evelyne Bonanno desire to construct and maintain a temporary encroachment for a removable modular deck into the existing City's maintenance easement located at the rear of Lot 20, at 3289 Fayette Drive. WHEREAS, City Council is authorized pursuant to §§ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize a temporary encroachment into public easements 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 §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended Vincent Jo and Evelyne Bonanno, their heirs, assigns and successors in title are authorized to construct and maintain a temporary encroachment for a removable modular deck into that portion of the City's maintenance easement as shown on the map entitled: "SITE PLAN OF LOT 20 COURTHOUSE ESTATES, PHASE 2A, SECTION M-5, VIRGINIA BEACH, VIRGINIA FOR AFFORDABLE HOMES, INC.", 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 encroachment is expressly subject to those terms, conditions and criteria contained in the agreement between the City of Virginia Beach and Vincent J. and Evelyne Bonanno (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his designee is hereby authorized to execute the Agreement. 37 38 39 40 41 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Vincent J. and Evelyne Bonanno and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 11 day of March , 1997. 42 43 44 45 CA-6557 ORDIN\NONCODE\CA6557.ORD R-1 PREPARED: 2/12/97 A~ROVED AS TO CONTENTS DEPAR~E~ APPROVED AS TO LEGAL S~ENCY ~ FORM CITY ATTORNEY NORTH LANOING Z Z ...I -r r~ o Z 3289 FAYETTE DR. LOCATION MAP FOR VINCENT J. BONANNO ENCROACHMENT AT 32 89 FAYE'I-i'E DRIVE SCALE'. 1"-- 1000' PREPARED BY P/W ENG. DRAFT. 2/27/97 YADKIN DR. SITE LOCATION MAP FOR VINCENT ]. BONANNO PRFPARF/") RY P/W FNf";,. D~,~-..r. 07/1c., I 9'.:,6 ' ',' ,.1Fl 8044r,'}6'r~q ,'d:'FOF-i'~F~ lt~'IME'-, III,-' IIlHENSlON$ $ttO~IX ItEREON ARE 10 FRAI~INO LINE IJHt. ESS OIHIiRVI~iE NOTE O. THE IOO-IEAR rLgO0 PLAIN As SHOV# ON Tile H,U.U,F.I,A, FLO00 HAZARb BOmlOARI HAP8 DATED OCIOBER :~, 1970 AHD LAST REYIBED JANUAR~ IT, 1905. 'I~PS. THE LOI OR~DIN~ ON ItllS PLAN IS IN ACCO~OANCE ~ll)l file LAIESI 6UBOIYISlO~ CON91flUC110N PLaN ~UBHIIIED IQ AHD APPROVED BT IIIE CITY EHOIHEE~ OH ~'~.~, (,- ~ L'~ ~ / EXHIBIT A 4P~~~L~ /~~5 /~c. g I neet I no eerv I eec I ne N--Il il ciViL ENOINEERINO-LAND SURVEYING %II.mai a~5~ STONESaORE ROAD ~ VIRUINIA BEACll VIROINIA 2:3452 (gO41468-6gO0 .%--~ --" "- - '::: --- ..... -l'- "'- ........ PREPARED BY V~RGTNTA BEACH CTTY A~ORN~Y'S OFFICB EXENPTED FRON RRCORDATION T~XRS UNDER SECTIONS 5S.l-~ll(a)(3) &.qD 58.1-Bl1~c)(4) ~I~RSEN~NT A~ORIZ~ ~ S~ 25-249 THIS AGREEMENT, made this / day of 19~/~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and VINCENT J. AND EVELYNE BONANNO, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. WITNESSETH: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 20, Courthouse Estates, Phase 2A, Section M-5, Virginia Beach, Virginia" and being further designated and described as "3289 Fayette Drive, Virginia Beach, Virginia 23456 and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a removable modular deck in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such removable modular deck, it is necessary that the said party of the second part encroach into a portion of an existing City maintenance easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such removable modular deck within a portion of the City's maintenance easement. GPIN 1493-05-8573 NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's maintenance easement for the purpose of constructing and maintaining such removable modular deck. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's maintenance easement as shown on that certain plat entitled: "SITE PLAN OF LOT 20 COURTHOUSE EAEMENTS, PHASE 2A, SECTION M-5, VIRGINIA BEACH, VIRGINIA FOR AFFORDABLE HOMES, INC.," 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 shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City maintenance easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's maintenance easement. It is further expressly understood and agreed that any above ground temporary encroachments shall conform to the minimum setback requirements as established by the City's Zoning Office. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the party of the second part and may require the party of the second part to remove such temporary encroachment, and if such removal is not be made within the time ordered hereinabove by this agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such 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. IN WITNESS WHEREOF, Vincent J. and Evelyne Bonanno, the said party of the second part has caused this Agreement to be executed by his 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 (SEAL) ATTEST: city Clerk ,~P_ROVED AS ,,~0 $1GNATURI: DEPARTMENT incent ~ - Bonanno Evel¥~Je Bohanno [ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public Il I__ I ..... APPROVED AS TO LEGAL SUFFICIENCY STATE OF ~,~,a~-~5- ClTY/~~T-Y-OF to-wit: The foregoing instrument was acknowledged before me this ~~ day of ~~ , 19~~ , by Vincent J. Bonanno. My Commission Expires: CITY/~~F~ OF . to-wit: The foregoing instrument was acknowledged before me this ~~day of ~~ , 19~ , by Evelyne Bonanno. My Commission Expires: - 27 - Item V-J.5. ORDINANCES ITEM # 41876 Upon motion by Councilman Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize a License Refund in the amount of $346.28 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 10-0 (By Consent) Council Members Yoting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: John A. Baum March 11, 1997 FO~M NO CA IREV ~ 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 YEAR PAID PENALTY INTEREST TOTAL W~tchey, James G T/A B~g J~ms Home Improvement 246 Clearfleld Avenue V~rgm~a Beach VA 23462 1995-97 020197 346 28 346 28 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $346 28 of the C~ty of V~rg~n~a Beach on the ll Cerhhed as to Payment ~---Ftd6ert P Vaughan ~ Commissioner of the Revenue Approved as to form Le'~ie'l~. Lilley C~ty Attorney were approved by the Council day of Hatch ,1997 Ruth Hodges Smith C~ty Clerk - 28 - Item I~-K. PUBLIC HEARING ITEM # 41877 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEJLItlNG on: PLANNING I. ALICE ROSE VAUGHAN ENLARGEMENT OF A NONCONFORMING USE 2. RHEMA OUTREACH CENTER CONDITIONAL USE PERMIT 3. DEVELOPMENT OPTIONS, INC. CHANGE OF ZONING DISTRICT CLASSIFICA TION 4. BAYMARK CONSTRUCTION CORPORATION RECONSIDERATION/ MODIFICA TI ON CONDITIONAL CHANGE ZONING VARIANCES $. RIGANTO, L.L.C. CHANGE OF ZONING 6. MOORE FARM ASSOCIATES CHANGE OF ZONING 7. CITY OF I~IRGINIA BEACH AMEND AND RE ORDAIN SECTIONS 30-57, 30-61 AND 30-75 OF THE CODE RE Erosion and Sediment Control. March 11, 1997 - 29 - Item V-K. PUBLIC HEARING ITEM # 41878 PLANNING B Y CONSENT Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 1, 2, 3, 6 and 7 of the PlaNNING BY CONSENT Items. Item I and 3 WERE DEFERRED INDEFINITELY. 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W.. lhtrrison, Jr, tlarold Heischober, Barbara M. Henley, Louis R. Jo, es, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessom% Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf a,d Jo/tn A. Baum March 11, 1997 - 30 - Item I~-K.1. PUBLIC HEARING ITEM # 41879 PLANNING BY CONSENT Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council DEFERRED INDEFINITELY, BY CONSENT, the Application of ALICE ROSE VAUGHAN for an enlargement of a nonconforming use: Ordinance upon application of Alice Rose l/aughan for an expansion of a non-conforming use on property located at the southwestern extremity of Ridge Road. Said parcel contains 1.82 acres. VIRGINL4 BEACH BOROUGH. I/'oting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John A. Baum March 11, 1997 - 31 - Item V-K.2. PUBLIC HEARING ITEM # 41880 PLANNING BY CONSENT Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon Application of RItEMA OUTREACH CENTER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RHEMA OUTREACH CENTER FOR A CONDITIONAL USE PERMIT FOR A CHURCH R03972102 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RHEMA Outreach Center for a Conditional Use Permit for a church at the southeast corner of Baker Road and Weblin Drive. Said parcel is located at 800 Baker Road and contains 3 acres more or less. BAYSIDE BOROUGH. The following conditions shall be required: 1. The use permit is approved for a period of two (2) years. Attendance is limited to the 125 members proposed by the applicant. A minimum of 25 parking spaces must be provided for the church within the shopping center. 3. Church services are to be limited to Sundays and Tuesdays. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh o_f March Nineteen Hundred and Nine~_ -Seven. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John A. Baum March 11, 1997 - 32 - Item V-K.$. PUBLIC HEARING ITEM It 41881 PLANNING BY CONSENT Correspondence from Attorney t~ J. Nutter dated March 7, 1997, requesting INDEFINITE DEFERRAL on behalf of Development Options and the Christian Reformed Board of Home Missions, is hereby made a part of the record. Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council DEFERRED INDEFINITEL Y, BY CONSENT, the Application of DEVELOPMENT OPTIONS, INC., for a Change o_f Zoning District Classfficqtion: O~INANCE UPON APPLICATION OF DEVELOPMENT OPTIONS, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-SD TO CONDITIONAL B-2 Ordinance upon application of Development Options, Inc. for Change of Zoning District Classification from R-SD Residential Duplex District to Conditional B-2 Community Business District on certain property located at the northeast intersection of Lynnhaven Parkway and Salem Road. The proposed zoning classification change to Conditional B-2 is for commerical land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 5.14 acres. KEMPSVILLE BOROUGH. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John A. Baum March 11, 1997 - 33 - m V-K.4. 'UBLIC HEARING ITEM # 41882 PI.4NNING The following spoke in SUPPORT: David S. Taylor, 304 Golden Marie Drive, Phone: 498-4418 Upon motion by Council Lady McClanan, seconded by Councilman Harrison, City Counci~ APPROFED the Applications of BAYMARK CONSTRUCTION CORPORATION: Modified Proffers on January 4, 1994, approved Changes of Zoning to Indian River Plantation, Inc. and Indian River Country Club Estates re additional acreage for 33 lots, ADOPTED the Ordinance for a Conditional Change of Zoning District Classification and APPROVED the Variances to the Subdivision Ordinance re the platting of 2 additional lots which do not meet lot width requirements for the R-40 Residential District: Application of Baymark Construction Corporation for the reconsideration of conditions placed on applications for changes of zoning on January 4, 1994. Property is located on the north side of Indian River, west of West Neck Road. The content of the existing Indian River Plantation proffers is not changing except to incorporate the additional acreage for 33 lots. This modification will bring all of the development into one proffer agreement. ORDINANCE UPON APPLICATION OF BA YM/tRK CONSTRUCTION CORPORATION FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CL,4SSIFICA TION FROM AG-1 AND AG-2 TO CONDITIONAL R- 40 Z03971066 BE IT HE, BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACIt, VIRGINIA Ordinance upon application of Baymark Construction Corporation for a Conditional Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to Conditional R-40 Residential District on certain property located on the north side of Indian River Road, 5000feet more or less west of West Neck Road. The proposed zoning classification change to Conditional R-40 is for single family residential land use on lots no less than 40,000 square feet. The Comprehensive Plan recommends use of this parcel for agricultural use in accordance with other plan policies. Said parcel contains 36 acres. PRINCESS ANNE BOROUGH. The following condition shall be required: An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court and is hereby made a part of the proceedings. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Baymark Construction Corporation. Property is located on the north side of Indian River Road, 500 feet more or less west of West Neck Road. PRINCESS ANNE BOROUGH. March 11, 1997 - 34 - Item V-K.4. PUBLIC HEARING ITEM # 41882 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of March Nineteen Hundred and Nine~. -Seven. Voting: 7-2 Council Members Voting Aye: Linwood O. Branch, III, William W.. Harrison, Jr., Harold Heischober, Louis t~ Jones, Reba S. McClanan, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Barbara M. Henley and Nancy K. Parker Council Members Absent: John A. Baum and Mayor Meyera E. Oberndorf Council Lady McClanan DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, she owns four to six acres of property on West Neck Road, which is near the property of Baymark Construction. Her property is valued in excess of $10,000. Council Lady McClanan wished to disclose this interest and declare she was able to participate in the transaction fairly, objectively and in the public interest. Council Lady's McClanan's letter of March 11, 1997, is hereby made a part of the record. March 11, 1997 - 35 - Item V-K.$. PUBLIC HEARING ITEM # 41883 PLANNING Jim .4rnhold, Post Office Box 2607, Phone: 486-6100, represented the applicant City of Virginia REBA S MC CLANAN COUNCILWOMAN PRINCESS ANNE BOROUGH 3224 BURNT MILL ROAD VIRGINIA BEACH, VIRGINIA 23452 PHONE (804) 340-8835 March 11, 1997 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia Dear Mrs. Smith: Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of Virginia, I make the following declaration: . . The transaction for which I am executing this written disclosure involves the request for zoning modifications of Baymark Construction Corporation for certain parcels of property locatod on Indian River Road and West Neck Road. The nature of my personal intere~wn four to six acres of property on West Neck Road which is~ to the property of Baymark Construction Corporation. My property is valued in excess of $10,000. The City Attorney has advised that I have a personal interest in the transaction before Council as it is reasonably foreseeable that my property will be affected by the rezoning of the Baymark Construction Corporation parcels. . The City Attorney has advised me that in his opinion I am a member of a group, i.e., surrounding similarly situated property owners, the members of which are all affected by the transaction. Cit - o£ Virginia F each In Reply Refer To Our FUo No. DF-4382 DATE: February 27, 1997 TO: ~ROM: Leslie L. Lilley DEPT: City Attorney Will/am M. Macali ~ DEPT: City Attorney Conditional Zoning Application - Riganto, L.L.C., et als The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 1997. I have reviewed the subject proffer agreement, dated November 25, 1996, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. Enclosure THIS INSTRUMENT WAS PREPARED BY THE LAW FIRM OF SHUTrLEWORTH. RULOFF & GIORDANO. P C PROFFERED COVENANTS. RESTRICTIONS AND CONDITIONS THIS AGREEMENT (hereinafter as "Agreement"), made this 25th day of November, 1996 by and between RIGANTO. L.L.C., contract purchaser, a Virginia Limited Liability Company (the "Grantor"), GRACE T. RIGANTO. owner (the "Grantor"), I-IANSFORD E. TATE and BRENDA C. TATE , husband and wife, owner (the "Grantor") (all collectively as the "Grantors") and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia (the "Grantee"). WITNESSETH: WHEREAS, Cnantors are the owners of certain parcels of property located in the Princess Anne Borough of the City of Virginia Beach, containing approximately twelve (12) acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property); and, ~fl-IE~~, PJganto, L.L.C. has initiated a conditional amendment to the Zoning Map of the City of Virghtia Beach, Virginia by petition addressed to the Orantee so as to change the Zoning Classification of the Property from AG I & 2 to R 7.5 conditional; and, WHEREAS, the Grantee's policy is to provide for the orderly development of land for various purposes through zoning and other land development legislation; and, ~VItEREAS, the, Grantors acknowledge that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize tl!.e effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable and to land similarly zoned are needed to cope with the situation to which the Orantor's tezoning application gives rise; and WHEREAS, the Grantors have voluntarily pwffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the R 7.5 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a pan of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantors, for itself, their selves, successors, personal representatives, assigns, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, successors, personal representatives, assigns, and other successors in interest or title, namely: 1. The plat entitled, "Preliminary Subdivision - Rollingwood, Princess Anne Borough - Virginia Beach, Virginia" prepared by Site Improvements Associates, Civil Engineering - Construction Management, 5204 Brockie Street, Virginia Beach, Virginia 23464, dated October 10, 1996 (hereinafter as the "Plat"), which has been presented to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so there will be a coordinated design and development of the Property in terms of vehicular and pedestrian circulation, landscaping, and the utilization of best management practices as landscape features. 2. Vehicular ingress and egress to and from the Property off of Holland Road shall be limited to one entrance. :~. All lots shall be a minimum of I0,000 square feet in area. 4. C, rantors shall'dedicate to the City of Virginia Beach, at the time of the recordation of the subdivision plat, a variable width strip of land running parallel and contiguous to Holland Road, as shown on the Plat, to be used for inclusion into said road. 5. C. nantors shall dedicate to the City of Virginia Beach, at the time of the recordation of the subdivision plat, a fifteen foot (! 5') strip of land running parallel and contiguous to the southern perimeter of the proposed Ferrell Parkway. All land dedicated under this paragraph and shown on the Plat and 'is to be used for inclusion into said parkway. In the event that the road impwvements contemplated in this pwffet have not been included in the City's 5-year CIP at the time of the subdivision approval, the Grantors agree to execute an appropriate agreement prior to such subdivision appwval, in form acceptable to the City Attorney, to assure that such dedications will be conveyed to the City upon the inclusion of said road impwvements in the CIP. The Grantors acknowledge that the subdivision approval will not be granted until such agreement has been executed or the aforesaid property has been dedicated. If the property proffered by the Grantors in this paragraph is not used by the Grantee anytime within the next twenty years for the purpose for which they are proffered, then such property may be used by the City of Virginia Beach for any other public purpose. 6. The dedication of land as discussed above of that portion of the Property belonging to Hansford E. and Brenda C. Tate shall be continent upon approval and recordation of the subdivision plat by the City of Virginia Beach. The above conditions, having been pwffered by the Grantors and allowed and accepted by the Cnantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such condition; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised Zoning Ordinance. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said insmmaent is consented to by the Cvrantee in writing as evidenced by a certified copy 6f an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which ~ advertised pursuant to the provisions of {]15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instnunent as conclusive evidence of such consent, and if not so recorded, said immunent shall be void. The Cyrantors further covenant and agree that: (a)The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virgini/, to administer and enforce the foregoing conditions and restrictions, including (I) to order, in writing, that any noncompliance with such conditions be remedied, and (ii) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (b) the failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (c) if aggrieved by an decision of the Zoning Administrator which decision is made in respect to this Agreement, the provisions of the City Code, or the City Zoning Ordinance, the C-rantors shall petition the governing body of the (3rantee to review said decision prior to instituting a proceeding in court; and (d) the Zoning Map, as shown by an appropriate symbol on the map, the existence of conditions attaching to the zoning of the Property and copies of any ordinances and the conditions contained in this Agreen~ent may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and they shall be recorded in the Clerk's Office' of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Crrantee. WITNESS the following signatures and seals: ~'/~ace T. Rigal~t~ Grantor Hansford E.Vrate, Grantor .~ Grantor: James M/Arn~oid, Managing Member Br~-n~da c. Tate, Grantor COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this/~ day of January, 1997, by My Commission Expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this~__~day of January, 1997, by James IV[. Amhold, managing member, on behalf of Riganto, L.L.C., a ¥ir~inia Limit~l~iability Notary Public(~/ My Commission Expires: ~'31 b~ ~ · COMMO~AL~I'H OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me thi ~ day' of January, 1997, by Notary Pu My Commission Expires: ~1 ~ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY All that certain lot, piece or parcel of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as parcel 2 as shown on that certain plat entitled "PLAT SHOWING SURVEY OF PROPERTY OWNED BY GRACE T. RIGANTO, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA", consisting of 6.109 acres, more or less, prepared by Site Improvements Associates, Virginia Beach, Va, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 80, at page 1. GPIN : 2404-26-2316-0000 And also all that certain lot, piece or parcel of land, with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as 6.00 acres as shown on that certain plat entitled "SUBDMSION OF THE PROPERTY OF LAURA C. ADAMS, VIRGINIA BEACH, VA. TO BE CONVEYED TO H. E. TATE", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 141, at page 19. GPIN: 2404-0S-.1794-0000 - 36 - Item V-K.6. PUBLIC HEARING ITEM # 41884 PLANNING BY CONSENT Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council ADOPTED the Ordinance upon application of MOORE FARM ASSOCIATES for a Change of Zoning District Classification: ORDINANCE UPON APPLICATION OF MOORE FARM ASSOCIATES FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B- 2 TO CONDITIONAL A-12 Z03971068 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Moore Farm Associates for a Change of Zoning District Classification from B-2 Community Business District to Conditional A-12 Apartment District on certain property located at the northeast corner of Wesleyan Drive and Heatherwood Drive. The proposed zoning classification change to A-12 is for multifamily residential land use at a density no greater than 12 dwelling units per acre. The Comprehensive Plan recommends use of this parcel for retail/service use in accordance with other Plan policies. Said parcel contains 1.816 acres. BAYSIDE BOROUGH. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (]) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Elevcttth of March Nineteen Hundred and Nine~_ -Sevcn. 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John A. Baum March 11, 1997 ¢'OmM NO I~ S 1~ C2it~ o£ %~ir~i~ia Reach IAITER-OFFZ CE COERESPOI~EIklCE Ia Reply Refer To Our File No. DF-4377 DATE: February 27, 1997 TO: Leslie L. Lilley DEFT: City Attorney FROM: Willi,m M. Macali~ DEFT: City Attorney Conditional Zoning Application - Moore Farm Associates The above-referenced conditional zoning application is scheduled to be heard by the City Council on March 11, 1997. I have reviewed the subject proffer agreement, dated January 6, 1997, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure ALD E. LEE, JR. TOB, Iqi:Y AT LAW AGREEMENT THIS AGREEMENT made this 6th day of January, 1997, by and between MOORE FARM ASSOCIATES, a Virginia general partnership, hereinafter called "Grantor" and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS The Grantor is the record fee simple owner of the property (the "Property") located in Bayside Borough, City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement. Grantor has initiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the zoning classification of the Property from B-2 Community Business to A-12 Apartment District (conditional). The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia adopted April 18, 1988 as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). · The Grantee's policy is to provide only for the orderly · development of land for various purposes and including commercial purposes, through zoning other land development legislation. The Grantor acknowledges that in order to prevent incompatible land use, reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned A-12 as specified in the Zoning Ordinance, are PKEPAKED BY: Donald E. Lee, Jr., Attorney at Law )ONALD E. LEE, JR. ATTORNEY AT LAW required to address the project proposed in the Grantor's zoning application. Grantor has voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as a part os the proposed amendment to the zoning map with respect to the Property, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. Grantor acknowledges that further conditions may be required during site plan or other development review. The conditions outlined in the Agreement have been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the Zoning Ordinance. WITNESSETH NOW THEREFORE, the Grantor, for itself, its successors, personal representatives, assigns, grantees and other successors 2 IALD E. LEE, JR. ~TORNEY AT LAW in title and interest, voluntarily without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title. A. The illustrative plans submitted by the Grantor to the Department of Planning with this Agreement and entitled (1) "Townhouse Plans For Moore Farm Associates" dated January 6, 1997, and (2) "Cypress Point Townhouses For The Breeden Company" dated January 6, 1997 (collectively the "Plans") are incorporated herein by reference and form a part of this Agreement. B. The exterior of the dwellings to be constructed on the PrOperty shall consist of brick veneer with vinyl siding as depicted on the proposed elevations attached to the Plans and submitted by the Grantor to the Department of Planning with this Agreement (the "Elevations") and which are incorporated herein by reference and form a part of this Agreement. C. The Property will be developed substantially as shown on :)ONALD E. LEE, JR. A'r'roRNI'~Y AT LAW the preliminary site plan entitled "Preliminary Subdivision of Parcel I-2-A and Parcel I-3-A Resubdivision of Parcels I-2 and I-3 Subdivision of Parcel I, CYPRESS POINT NORTH (M.B. 203, P. 76) for The Breeden Companies, Bayside Borough, Virginia Beach, Virginia," dated September 24, 1996, prepared by John E. Sirine and Associates, Ltd., a copy of which is exhibited to the City Council of the City of Virginia Beach, Virginia, and is on file with the Planning Department of the City of Virginia Beach, Virginia. D. The Grantor covenants and agrees that' 1. The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order in writing that any non- compliance with such conditions be remedied and (b) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suite or proceedings. 2. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. 3. If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions, the Grantor shall petition the ~LD E. LEE, JR. ~Oi~NI:Y AT LAW governing body of Grantee for the review of such decision prior to instituting proceedings in court. MOORE FARM ASSOCIATES, A Virginia general partnership By' The BREEDEN COMPANY, INC., a Virginia corporation Authorized Agent Alan K. Little, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: -- I, ~,~~ \~/~3.~. a Notary Public in and for the City and State aforesaid, ~o hereby certify that Alan K. Little, President of The Breeden Company, Inc., a Virginia corporation, Authorized Agent for MOORE FARM ASSOCIATES, a Virginia general partnership, whose name as such is signed to the foregoing instrument bearing date on this ~43~ day of January, 1997, have acknowledged the same before me in my said City and State. GIVEN under my hand this ~>-~t~J~ day of January, 1997. Notary Public My commission expires ~l,_ "1 -' ' - 37 - Item P'-K. 7. PUBLIC HEARING ITEM # 41885 PLANNING BY CONSENT Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council ADOPTED: Ordinance upon application of CITY OF VIRGINIA BEACH to AMEND and REORDAIN Sections 30-57, 30-61 and 30-75 of the Code of the City of Virginia Beach re the Erosion and Sediment Control Ordinance and the land disturbance activity from 10,000 to 2,500 square feet. Voting: 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: ~Vo n e Council Members Absent: Mayor Meyera E. Oberndorf and John A. Baum March 11, 1997 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO REDUCE THE THRESHOLD FOR REQUIRING THE SUBMITTAL OF EROSION AND SEDIMENT CONTROL PLANS FOR A LAND DISTURBING ACTIVITY FROM 10,000 SQUARE FEET TO 2,500 SQUARE FEET. SECTIONS AMENDED: CITY CODE SECTIONS 30-57, 30-61, AND 30-75. 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 40 41 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 30-57, 30-61, and 30-75 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: DIVISION ~. ~ENEI~J.~LY Sec. 30-57. Definitions· As used in this article, the following words and terms shall have the meanings ascribed to them in this section, unless the context requires a different meaning: · · · Erosion impact area means an area of land not associated with current land-disturbing activity but subject to persistent soil erosion resulting in the delivery of sediment onto neighboring properties or into state waters. This definition shall not apply to any lot or parcel of land of ~A~.. ~..v_~..~ ~'"~v, ~v~, two thousand, five hundred (2,500) square feet or less used for residential purposes or to shorelines where the erosion results from wave action or other coastal processes. Land-disturbing activity means any land change which may result in soil erosion from water or wind and the movement of sediments into state waters or onto lands in the city, including, but not limited to, clearing, grading, excavating, transporting, and filling of land, except that the term shall not include: (1) Minor land-disturbing activities such as home gardens and individual home landscaping, repairs and maintenance work; (2) Individual service connections; (3) Installation, maintenance or repair of any underground public utility lines when such activity occurs on an existing hard surfaced road, street or sidewalk, provided 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 the land-disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced; (4) Septic tank lines or drainage fields, unless included in an overall plan for land-disturbing activity relating to the construction of the building to be served by the septic tank system; (5) Surface or deep mining; (6) Exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas; (7) Tilling, planting or harvesting of agricultural, horticultural or forest crops or livestock feedlot operations, including engineering operations as follows: construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; however, this exception shall not apply to harvesting of forest crops unless the area on which harvesting occurs is reforested (artificially or naturally) in accordance with the provisions of Code of Virginia, chapter 11 (section 10.1- 1100 et seq.), or is converted to bona fide agricultural or improved pasture use as described in Code of Virginia, subsection B of section 10.1-1163. (8) Repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; (9) Agricultural engineering operation including, but not limited to, the construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds not required to comply with the Dam Safety Act, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation; (10) Disturbed land areas of less than ~A~. ~.~v~,~ ~'"~,~, two thousand, five hundred (2,500) square feet in size~ 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 electric poles and other kinds of posts or poles; (12) Shore erosion control projects on tidal waters when the projects are approved by the wetlands board of the City of Virginia Beach, the Virginia m~_arine ~esources e~ommission or the U.S. Army Corps of Engineers; (13) Emergency work to protect life, limb or property and emergency repairs; however, if the land-disturbing activity would have required an approved erosion and sediment control and tree protection plan, if the activity were not an emergency, that the land area disturbed shall be shaped and stabilized in accordance with the requirements of the city engineer. · · · Sec. 30-61· Program administration, plan review and inspection fee. At the time an erosion and sediment control plan is submitted a reasonable fee shall be paid. The director of planning or his designee may determine the amount of fee based upon the anticipated costs associated with the issuance of grading or land-disturbing permit, plan review, and anticipated periodic inspection for compliance with the erosion and sediment control plan. Such fee shall be submitted to the director of planning or his designee and made payable to the treasurer of the City of Virginia Beach. Se.. 30-75. Penalty for violation of artiole. · · · (e) With the consent of any person who has violated or failed, neglected or refused to obey any regulation or order of the board, or any condition of a permit or any provision of this article, the board, the director of the board, the director of ~"~ ...... ~ in an order ~ .......... ~ planning or his designee may provide, issued by the board or such person, for the payment of civil charges for violations in specific sums, not to exceed the limit specified in subsection (d) of this section. Such civil charges 113 114 115 116 117 118 shall be instead of any appropriate civil penalty which could be imposed under subsection (d). (f) Upon the request of the city or the director of public wer-k~ planning or his designee, the city attorney or the commonwealth's attorney shall take legal action to enforce the provisions of this article. 119 120 Adopted by the City Council of the City of Virginia Beach on this llth day of March, 1997. 121 122 123 124 CA-6532 DATA/ORDIN/PROPOSED/30-57ETC.ORD JANUARY 13, 1997 Ri - 38 - Item V-L. APPOINTMENTS ITEM # 41886 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HEALTH SERVICES ADVISORY BOARD PENDLETON PROJECT MANAGEMENT BOARD PLANNING COUNCIL TOWING ADVISORY BOARD March 11, 1997 - 39 - Item V-L. 1. APPOINTMENTS ITEM # 41887 Upon NOMINATION by Council Lady Henley, City Council APPOINTED: CHESAPEAKE BAY PRESERVATION AREA BOARD Carl W. Fisher Unexpired term thru 12/31/97 9-0 (By ConsenO Council Members Voting Aye: Linwood O. Branch, III, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Mayor Meyera E. Oberndorf and John A. Baton March 11, 1997 Item V-O. ADJOURNMENT ITEM # 41888 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:45 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia March 11, 1997 Item V-O. ADJOURNMENT ITEM It 41888 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:45 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smith, CMC/A,4E City Clerk Mayor City of Virginia Beach Virginia March 11, 1997