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AUGUST 12, 1997 MINUTESCity of Vi -gitaia Beach "WORLD'S LARGEST RESORT crrY" ('ITY C{)UNCIL MAYOR MEYERA E OBERNDORF At Large VICE MAYOR WILLIAM P SESSOMS JR At Large JOItN A BAUM, Blackwater Borough LINWOOD 0 BRANCH III V~rlOma Beach B. rough WILLIAM W HARRISON JR Lvnnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY, Pungo Borough LOUIS R JONES, Bays,de Borough REBA S McCLANAN, Pnncess Anne Borough NANCY K PARKER, At Large LOUISA M STRAYHORN, Kempsvtlle Bm'ough JAMES K SPORE, C,ty Manager LESLIE L LILLEY, C, ty Attorney RUTH HODGES SMITH, CMC / AAE, City Clerk CITY COUNCIL AGENDA OUR N~l~O~ CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456 9005 1757~ 427-4303 August 12, 1997 I. CITY MANAGER'S BRIEFINO - Conference Room - 11:00 AM A, TECHNICAL CENTER JOINT PROJECT - TCC/CITY/SCHOOLS Dr. E. T. Buchanan, III, Dean of Campus & Community Services Tidewater Community College - Virginia Beach Campus II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 12:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Ted E. David Baylake United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS July 8, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the or&nary course of business by City Council to be enacted by one motion. I. RESOLUTION/ORDINANCES , Resolution to seek a temporary ban on the operation of personal watercraft in the City; to request additional legislative authority and regulations restricting the operation of personal watercraft; and, to direct available police resources to the enforcement of existing laws and regulations governing the operation of personal watercraft. (Sponsored by Vice Mayor William D. Sessoms, Jr.) 2. Ordinances re ARTS AND HUMANITIES: a · AMEND and REORDAIN an Ordinance ratifying and confirming the creation of the Virginia Beach Arts and Humanities Commission and providing for its composition, terms of members, conducting of business, etc., (adopted May 7, 1979) . b · AMEND Sections 2-455 and 2-456 of the City Code by changing the name of the Department of Museums to the Department of Museums and Cultural Arts. · Ordinance to grant a one-year franchise to GYRO, V.A., INC. t/a Bozellis to operate an open air cafe in the Resort Area at 208 17th Street; and, to authorize the City Manager to execute a franchise agreement (VIRGINIA BEACH BOROUGH). 4. Ordinances to authorize temporary encroachments: a · Into a portion of the City's easement and waterway by VERNON B. and EARLENE C. BONNEY re constructing and maintaining a boat lift, dock, pier, bulkhead and fence at 2853 Sandpiper Road (PRINCESS ANNE BOROUGH). b · Into a portion of an existing City 40' drainage easement, known as Chelsea Canal, by BRIAN W. and KAREN W. BREMENSTUL re constructing and maintaining a boat lift at 1847 Duke of York Quay (LYNNHAVEN BOROUGH). C · Into a portion of the City's drainage, utility easements and right-of-way by ALBERT J. and CHRISTINE J. CLAUS re constructing and maintaining a rip-rap revetment at 2276 Widgeon Lane (PRINCESS ANNE BOROUGH). 5. Ordinance to authorize a License Refund of $40,177.83. J · PUBLIC HEARING - PLANNING 2:30 PM PLANNING BY CONSENT - To be determined during the.4genda Review Session. I · Petition of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the discontinuance, closure and abandonment of the following parcels (VIRGINIA BEACH BOROUGH): Parcel 1: Portion of Greensboro Avenue beginning at the Northwest intersection of Greensboro Avenue and Mediterranean Avenue, running a distance of forty-eight (48) feet along the Northern property line (Southern boundary of Block 30, Shadow Lawn Heights) and running in a Southeasterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1,327 square feet. Parcel 2: Portion of Mediterranean Avenue, running a distance of forty-one (41) feet along the Eastern property line (Western boundary of Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly direction to the Southwest intersection of Greensboro Avenue and Mediterranean Avenue, containing 1,547 square feet. Deferred for Compliance: January 28, 1992 Additional Deferrals: August 11, 1992; February 9, 1993; February 8, 1994; February 14, 1995; February 13, 1996; February 11, 1997 Recommendation: ADDITIONAL 180 DAY DEFERRAL · Application of ALICE ROSE VAUGHAN for an enlargement of a nonconforming use at 106 Ridge Road in the R-40 Residential District, containing 1.82 acres re enlarging guest cottage (LYNNHAVEN BOROUGH) . Deferred Indefinitely: Recommendation: March 11, 1997 APPROVAL · Application of JERRY SPIKER for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires lots created by subdivision to meet all requirements of the Comprehensive Zoning Ordinance at 928 Ballylinn Road (KEMPSVILLE BOROUGH). Recommendation: APPROVAL , Application of COURTHOUSE BAPTIST CHURCH for a Conditional Use Permit for a church at the Northeast corner of Lynnhaven Parkway and Primrose Lane (1347 and 1351 Lynnhaven Parkway), containing 1.068 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL · Application of EMMANUEL LUTHERAN CHURCH for a Conditional Use Permi~ for a church on the West side of Lynnshore Drive, North of Virginia Beach Boulevard (333 Lynnshore Drive), containing 17,440 square feet (KEMPSVILLE BOROUGH)· Recommendation: APPROVAL · Application of NICHOLAS and VICKI RUSSO t/a NICHOLAS VICTORIA HAIR STUDIO for a Change of Zoning District Classification from 0-2 office District to Conditional B-1 Neighborhood Business District on the West side of Old Great Neck Road, North of Kenstock Drive (521 Old Great Neck Road, Suite 1), containing 1,008 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL · Application of GRAY LUMBER CO., a Virginia Corporation, GRAYLAND COMPANY, L.P., NATIONSBANK, N.A. and ELMON T. GRAY for a Change of Zoning District Classification from 0-2 Office District to Conditional H-1 Hotel District on the South side of Cleveland Street, 350 feet more or less East of Newtown Road, containing 2.14 acres (BAYSIDE BOROUGH)· Recommendation: APPROVAL · Application of LINKHORN BAY ASSOCIATES, L.L.C., a Virginia Limited Liability Co., for a Chanqe of Zoning District Classification from H-1 Hotel District, B-1 Neighborhood Business District, B-2 Community Business District and R-40 Residential District to A-24 Apartment District, containing 4.02 acres with a PD-H2 Overlay at the North side of Laskin Road, West of Oriole Drive on the following parcels (LYNNHAVEN BOROUGH): Parcel 1: From H-1 to A-24 with a PD-H2 Overlay. Parcel 2: From B-1 to A-24 with a PD-H2 Overlay. Parcel 3: From B-2 to A-24 with a PD-H2 Overlay. Parcel 4: From R-40 to A-24 with a PD-H2 Overlay. Recommendation - Staff: Planning Commission: DEFERRAL APPROVAL · Applications of the City of Virginia Beach, Department of Economic Development, for property at the Northeast and Northwest intersections of Bendix Road and the Virginia Beach- Norfolk Expressway, containing 16.01 acres (KEMPSVILLE BOROUGH): a · Change of Zoning District Classification from 0-2 Office District and I-2 Heavy Industrial District to I-1 Light Industrial District. b · Conditional Use Permit for a television transmission facility. Recommendations: APPROVAL K. APPOINTMENTS ARTS AND HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD DEVELOPMENT AUTHORITY PARKS & RECREATION COMMISSION PUBLIC LIBRARY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT * * * * * * * * * CITY COUNCIL RETREAT - AUGUST 15 and 16 PAVILION - MEZZANINE CONFERENCE ROOM 8:30 AM - 5:30 PM * * * * * * * * * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 08/08/97BAP AGENDA\ 08 - 12 - 97. PLN www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 12, 1997 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING tn the Counctl Conference Room, City Hall Bmldtng, on August 12, 1997, at 11 O0 A M Council Members Present John A Baum, Ltnwood 0 Branch, IIL lVtlham W Harrtson, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf and Nancy K Parker Counctl Members Absent Vice Mayor Wilham D Sessoms, Jr [ENTERED 11 25 A M] Lomsa M Strayhorn [ENTERED 11 20 A M] -2- CITY COUNCIL BRIEFINGS TECHNICAL CENTER JOINT PROJECT- TCC/CITY/SCHOOLS 11:00 A.M. ITEM # 42451 Dr. E T Buchanan, III, Dean of Campus and Community Servtces, tntroduced Dr. Robert Hutchtnson, Dean of Campus and Commumty Servtces The Vtrgtnta Beach Pubhc Schools have approxtmately 28 technical programs tn the VOTECH Center on North Lan&ng Road TCC is tnvesttgattng the jotnt possibihty of movtng some of these to a new structure, to be bmlt on land owned by the College off of Rosement Road Renovatton of extstmg factltttes and new constructton on the campus wouM also be accomplished to take advantage of the computer resources Approximately ten programs through dual enrollment and lease of space wouM move onto the campus wtth twenty academic programs tn the new facthty Dr Buchanan distributed a summartzatton of the cost of the Joint TCC-VBPS-ClTY TECHNICAL CENTER Satd tnformatton ts hereby made a part of the record Dr Buchanan wtll speak to members of the State Legtslattve Delegation thts week Shortly thereafter, Dr Buchanan and the pubhc School staff wtll vtstt wtth the Commumty College staff By August Twenty-fifth, Dr. Buchanan wtll file a budget amendment request tn the amount of $14-MILLION The newfacdity could be utthzedfrom 8'00 A M. to 2 O0 P M for the pubhc schools and then from 2 O0 to 10 O0 P M inclu&ng Saturday and Sunday, for the Community College This wouM be the first effort tn thts area of the State or region to integrate these servtces under one roof SITE - TCC- VIRGINIA BEACH CAMPUS Tech Center. New constructton to be built on 7 acre stte abutttng Rosemont Road Need to acqutre 3 + acres at the corner of Rosemont and Faculty Drtve to accommodate the bud&ng footprtnt TCC has tttle to 7+ acres TCC Modifications Addtttonal renovations adjacent to and part of extsttng structures COSTS Tech Center New constructton (130, O00' x $100) &te Work (EST) Parlang, roadways, stdewalks (EST) &te Acqmsttton (EST) TOTAL $13, O00-M 750-K 400-K 300-K $14,463-M TCC Modifications New Constructton (17,350'x $100) Renovatton, 8,200' x $50 TOTAL $1, 735-M 410-K $ 2,145-M CONSTRUCTION COST SHARE TCC Structural addtttons, renovations Techmcal Center Instructton, Admtntstratton, etc Economtc Development (mcubator, quahty academy, multt use) Stte acqmsttton (EST) Stte Work (EST) Parktng, Roadways, Stdewalks (EST) Amount $ 2,145-M 11,865-M 1,350-M 300-K 750-K 400-K $ 16,608-M Source State State Ctty Ctty Ctty Ctty CONTRIBUTION SHARE S TA TE CITY $14,010-M $ 2,800-M 84% 16% August 12, 1997 -3- AGENDA RE VIEW SESSION 11:12 P.M. ITEM # 42452 This Resolution wtll be discussed during the Formal Sesston. I1 Resolutton to seek a temporary ban on the operatton of personal watercraft tn the Ctty, to request addittonal legtslattve authortty and regulattons restrtcttng the operatton of personal watercraft, and, to chrect avatlable pohce resources to the enforcement of extsttng laws and regulattons governtng the operatton of personal watercraft (Sponsored by Vtce Mayor Willtam D Sessoms, Jr) Vtce Mayor Sessoms expressed apprectatton to Mayor Oberndorf, Councd Members Branch and Harrtson, the City Manager and the Ctty Attorney relattve thts tssue Just tn the last week there has been one death tn Yorktown and a very sertous acctdent tn the Narrows. In chscusstons wtth numerous tnchvtduals, including jet s~ers, everyone acknowledges a major problem extsts Vtce Mayor Sessoms chscussed the possibthty of formtng a Commtttee to address tssues relative personal watercraft prtor to the next General Assembly Sesston Delegate Purkey offered to serve on thts Commtttee. The purpose of the Commtttee would be to gather tnformatton from affected property owners, ctttzens, jet sla operators, etc and then devise recommendations to present to the State Delegatton to better regulate personal watercraft. The Game and Inland Ftshertes must be made aware of the problems betng caused by jet skts. Vice Mayor Sessoms would be wtlltng to remove the term "ban ", but beheved a Resolutton needs to be forwarded to the Game and Inland Ftshertes Councilman Baum referenced correspondence relattve the noise caused by these personal watercraft. Counctlman Harrtson referenced the tssues of pollution, speed and noise. Counctlman Harrtson referenced a "model noise act" gtven btm by Delegate Croshaw These safety concerns are apphcable to all watercraft and not just personal watercraft The Nattonal Assoctatton of State Boattng Laws Admtntstrators adopted a model act whtch was forwarded to Members of Ctty Counctl. Counctlman Branch beheved the State chd need to take a leadership role The Staff needs to tnvesttgate some of the personal watercraft franchise operations tn the City. Mayor Oberndorf advtsed there was another accident on Saturday at 64th Street in the waters off the State Park A jet skt owner informed the Mayor that, after paytng the rental fee at lOth Street and recetvtng a voucher, one then goes to the State Park and is supphed wtth a personal watercraft Mr Hazlewood advtsed the State Park Supertntendent has no legislatton avatlable to htm or any laws to prohtbtt same The City Manager advised the Ctty wtll reassign 4 additional personnel to the Marine Patrol In July, there were 64jet ski violations, 172 other boating violations, 447 warnings were issued to boaters and 92 warnings to Jet Ski operators. Councilman Branch advised there are approximately ten other States, whtch have adopted legtslatton, whtch may be models for the Commtttee to revtew Counctl Lady Strayhorn advtsed the Commtttee needs to contact the Ctty offictals where these stmtlar problems extst Mayor Oberndorf advtsed the Coast Guard should be tnvolved with the Commtttee They can issue citations because these craft are numbered and hcensed The Internet could be utthzed for research on thts tssue BY CONSENSUS, Ctty Councd agreed to TABLE the Resolutton and a Commtttee shall be appointed at the Ctty Counctl Sesston of August 26, 1997, to report to Ctty Counctl prior to the General Assembly Session meettng tn January 1998. August 12, 1997 -4- AGENDA RE VIEW SESSION ITEM # 42453 The Ctty Attorney advtsed the Cay Clerk tnformed htm that, tn comphance with City Code Chapter 2, it would be beneficial to the admtmstration of the Boards and Commtsstons to add two provtstons relattve the requirement of an annual report and reporting the attendance record of said Members. A Revised Ordinance has been drafted and wtll be chstrtbuted to Members of City Council I2a AMEND and REORDAIN "An Or&nance Rattfytng and Confirmtng the Creatton of the Vtrginia Beach Arts and Humanities Commtsston and Provtchng for its Composttton, Terms of Members, Conductmg of Bustness, Etc," adopted by Ctty Council on May 7, 1979 ITEM # 42454 BY CONSENSUS, the followtng items shall compose the CONSENT AGENDA 12 Or&nances re ARTS AND HUMANITIES AMEND and REORDAIN ''An Or&nance Rattfytng and Confirmtng the Creatton of the Vtrgtnta Beach Arts and Humantttes Commtsston and Provtchng for its Composttton, Terms of Members, Conducttng of Bustness, Etc," adopted by Ctty Counctl on May 7, 1979 AMEND Secttons 2-455 and 2-456 of the Ctty Code by changtng the name of the Department of Museums to the Department of Museums and Cultural Arts 13 Ordtnance to grant a one-year franchise to GYRO, VA., INC. t/a Bozellis to operate an open air cafe in the Resort Area at 208 17th Street, and, to authortze the Ctty Manager to execute a franchtse agreement (VIRGINIA BEA CH BOROUGH) 1.4 Ordinances to authortze temporary encroachments a Into a portion of the Ctty's easement and waterway by VERNON B. and EARLENE C. BONNEY re constructtng and matntatntng a boat ltft, dock, pter, bulkhead and fence at 2853 Sandpiper Road (PRINCESS ANNE BOROUGH) b Into a portton of an extsttng City 40' dratnage and canal easement known as Chelsea Canal by BRIAN IV. and KAREN IV. BREMENSTUL re constructtng and matntatntng a boat lift at 1847 Duke of York Quay (L YNNHA VEN BOROUGH) c Into a portton of the Ctty's drainage and uttltty easements and rtght-of-way and by ALBERT J. and CHRISTINE J. CLA US re constructtng and matntatntng a rip-rap revetment at 2276 Widgeon Lane (PRINCESS ANNE BOROUGH) 1.5 Or&nance to authortze a License Refund of $40,177.83. August 12, 1997 -5- AGENDA RE VIEW SESSION ITEM # 42455 ICounctlman Branch advised he wouM be recommendtng an addittonal 180-Day Deferral unttl the City Council Sesston of February 10, 1998 J1 Petition of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the disconttnuance, closure and abandonment of the following parcels (VIRGINIA BEACH BOROUGH). Parcel 1. Portton of Greensboro Avenue begtnmng at the Northwest tntersectton of Greensboro Avenue and Medtterranean Avenue, runmng a &stance of forty-etght (48) feet along the Northern property hne (Southern boundary of Block 30, Shadow Lawn Hetghts) and running tn a Southeasterly dtrectton to the Southwest tntersectton of Greensboro Avenue and Medtterranean Avenue, contatmng 1, 32 7 square feet Parcel 2 Portton of Me&terranean Avenue, runmng a distance of forty-one (41)feet along the Eastern property hne (Western boundary of Lot 1, Block 18, Shadow Lawn hetghts) and runntng tn a Northwesterly dtrectton to the Southwest intersectton of Greensboro Avenue and Me&terranean Avenue, contatntng 1,547 square feet Councd Lady Henley referenced ITEM # 42456 ,1.2 Application of ALICE ROSE VA UGHAN for an enlargement of a nonconforming use at 106 Ridge Road tn the R-40 Restdenttal District, contatntng 1 82 acres re enlarging guest cottage (L YNNHA VEN BOROUGH) This is an existing guest house, whtch ts allowed in the Ctty's Ordtnance tn certam categortes The dtsttnctton of malang same a guest house ts that tt cannot contatn a "kitchen", whtch was dtscussed tn the Sentor Houstng Commtttee Brtefing relattve flex suites The Senior Housing Committee dtd not recommend gotngforward wtth detached housing, as same mtght be more controverstal Mr Scott advised thts parcel ts large enough to support thts addtttonal home, whtch was a substanttal factor tn their favorable recommendatton ITEM # 42457 Council Lady Strayhorn advised discusston of the following during the Formal Sesston: J 3 Apphcatton of JERRY SPIKER for a Vartance to Sectton 4 4(3) of the Subdtvtston Ordtnance whtch requires lots created by subdtvtston to meet all requtrements of the Comprehensive Zontng Ordtnance at 928 Ballyhnn Road (KEMPSVILLE BOROUGH) August 12, 1997 -6- ,4GEND,4 RE VIEW SESSION ITEM # 42458 Counctl Lady Parker referenced churches, whtch are tn storefronts Should a two-year ttme hmtt be tmposed on the application ~ J4 Apphcatton of COURTHOUSE B,4PTIST CHURCH for a Conchttonal Use Permit for a church at the Northeast corner of Lynnhaven Parkway and Primrose Lane (1347 and 1351 Lynnhaven Parkway), contatmng 1 068 acres (PRINCESS ANNE BOROUGH) Mr Scott said Ctty Counctl has usually shown more lemency to those Churches whtch substantially improve the property, and not just lease space. Council Lady McClanan advtsed the President and Director of the Green Run Homes ,4ssociation had indtcated there was no objection to thts Con&ttonal Use Permtt ITEM # 42459 Counctl Lady Henley tnqutred tf tt was unusual to rezone just one part of an existing office building J6 Applicatton of NICHOL,4S and VICKI R USSO t/a NICHOL,4S VICTORI,4 H,4IR STUDIO for a Con&ttonal Change of Zomng Dtstrtct Classtficatton from 0-2 Office Dtstrtct to Condittonal B-1 Netghborhood Bustness Dtstrtct on the West stde of Old Great Neck Road, North of Kenstock Drtve (521 Old Great Neck Road, Suite 1), contatmng 1,008 square feet (L YNNHA YEN BOROUGH) Robert Scott, Dtrector of Planntng, advtsed the use ts tn keeptng wtth the character of the other businesses tn the butldtng Counctl Lady Henley inquired whether the Zoning Ordtnance should be amended She believed there would be problems tn the future. Counctlman Harrtson advtsed he dtd not understand why a hair studio could not be located wtthtn Office District, but did have a problem having a B-1 in an 0-2 Office District. However, thts ts Condtttonal Zontng, so the appltcant can only operate thts as a hair studio. Councilman Harrtson has no problem wtth thts apphcatton betng a hair studio ITEM # 42460 Counctlman Jones requested John Herzke, City Engtneer, be avatlable to respond to the traffic concerns J 7 Apphcatton of GRA YLUMBER CO., a Virginia Corporation, GRA YL,4ND COMPANY, L.P., N,4 TIONSB,4NK, N.,4. and ELMON T. GRAY for a Condtttonal Change of Zontng Dtstrtct Classification from 0-2 Office Dtstrtct to Con&ttonal H-1 Hotel Dtstrtct on the South side of Cleveland Street, 350feet more or less East of Newtown Road, contatmng 2 14 acres (BAYSIDE BOROUGH) August 12, 1997 -7- ,4GEND,4 RE VIEW SESSION ITEM # 42461 Councd Lady Parker had concerns relattve the butMtngs being only stx to etght feet apart and constructed of cedar shakes She was concerned from a fire department prospective. ,I8 Apphcatton of LINKttORN BAY ,4SSOCI,4TES, L.L.C., a Virginia Limited Liability Co.,for a Change of Zoning Dtstrtct Classtficatton from H-1 Hotel District, B-1 Netghborhood Bustness Dtstrtct, B-2 Communt~ Bustness Dtstrtct and R-40 Restdenttal Dtstrtct to A-24 Apartment Dtstrtct, containing 4 02 acres with a PD-H2 Overlay on the followmg parcels (L YNNHA VEN BOROUGH) ' Parcel 1 From H-1 to A-24 wtth a PD-H2 Overlay Parcel 2 From B-1 to A-24 wtth a PD-H2 Overlay. Parcel 3. From B-2 to A-24 with a PD-H2 Overlay Parcel 4 From R-40 to A-24 wtth a PD- H2 Overlay Robert Scott advtsed when these factltties are built, they must conform to the fire codes in both material and spacing. The separatton meets the orchnance Council Lady Henley tnquired whether afire wall would be necessary as they are not to be adjotned The Ctty Manager wtll research and advise. The Staff recommended deferral because of the open space issue. Councilman Branch suggested discusston tn the Council Retreat to tnvesttgate Ordtnances whtch would address opportuntttes for developers relattve California and Florida style developments in a small amount of space (4 or 5 acres) Councilman Harrison advised many of these tssues couM be addressed tn the Comprehensive Plan (detached housing, 0-1 zoning) The City Clerk presented Counctl a letter she just received from Attorney Susan S Walker, representing Ltnkhorn Bay Assoctates, requesttng WITHDRAWAL of the applicatton ITEM tl 42462 Counctl Lady Henley was dtsturbed to see there was neighborhood concern whtch had not been addressed by the Staff As the Ctty ts the apphcant, Staff should have spoken with the neighbors relattve their concerns tn the tntemm after the Plannmg Commission Heamng The restdents seemed concerned relattve cutting of the trees. Counctl Lady Parker advtsed there were concerns relattve nonionizing electromagnetic radiation emitted. ,19 Apphcattons of the City of Virginia Beach, Department of Economic Development for property at the Northeast and Northwest tntersecttons of Benchx Road and the Vtrgtnta Beach- Norfolk Expressway, contatntng 16 O1 acres (KEMPSVILLE BOROUGH) Chanee of Zomng Dtstrtct Classtficatton from 0-2 Office District and 1-2 Heaw Industrtal Dtstrtct to I-1 Ltght Industrtal Dtstrtct for light industrial land use b. Conchttonal Use Permtt for a television transmission facility August 12, 1997 -8- AGENDA RE VIEW SESSION ITEM # 42463 BY CONSENSUS, the followtng items shall compose the PLANNING BY CONSENT AGENDA: J4. J5 J6 J8 Petttton of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the dtscontmuance, closure and abandonment of the following parcels (VIRGINIA BEACH BOROUGH). Parcel 1 Portion of Greensboro Avenue beginning at the Northwest tntersectton of Greensboro Avenue and Mediterranean Avenue, runmng a dtstance of forty-eight (48) feet along the Northern property hne (Southern boundary of Block 30, Shadow Lawn Heights) and runnmg tn a Southeasterly dtrectton to the Southwest tntersection of Greensboro Avenue and Mediterranean Avenue, contatmng 1, 32 7 square feet Parcel 2: Portion of Mediterranean Avenue, runmng a dtstance of forty-one (41)feet along the Eastern property hne (Western boundary of Lot 1, Block 18, Shadow Lawn hetghts) and running tn a Northwesterly dtrectton to the Southwest tntersectton of Greensboro Avenue and Medtterranean Avenue, contatmng 1, 54 7 square feet. Apphcation of ALICE ROSE VA UGHANfor an enlargement of a nonconforming use at 106 Rtdge Road tn the R-40 Restdenttal Dtstrtct, containing 1 82 acres re enlarging guest cottage (L YNNHA VEN BOROUGH) Apphcation of EMMANUEL LUTHERAN CHURCH for a Condmonal Use Permtt for a church on the West stde of Lynnshore Drtve, North of Virgima Beach Boulevard (333 Lynnshore Drive), contammg 17,440 square feet (KEMPSVILLE BOROUGH) Apphcation of NICHOLAS and VICKI R USSO t/a NICHOLAS VICTORIA HAIR STUDIO for a Condmonal Change of Zomng D~strtct Classtficatton from 0-2 Office District to Condtttonal B-1 Netghborhood Bustness District on the West stde of Old Great Neck Road, North of Kenstock Drtve (521 Old Great Neck Road, State 1), contatmng 1,008 square feet (L YNNHA VEN BOROUGH) Apphcatton of LINKHORN BAY ASSOCIATES, L.L.C., a Virginia Limited Liability Co., for a Change of Zontng Dtstrtct Classtficatton from H-1 Hotel Dtstrtct, B-1 Neighborhood Bustness Dtstrtct, B-2 Commumty Bustness Dtstrtct and R-40 Residenttal Distrtct to A-24 Apartment Dtstrtct, contatmng 4 02 acres wtth a PD-H2 Overlay on the followtng parcels (L YNNHA VEN BOROUGH) Parcel 1 From H-1 to A-24 with a PD-H2 Overlay Parcel 2 From B-1 to A-24 wtth a PD-H2 Overlay Parcel 3 From B-2 to A-24 wtth a PD-H2 Overlay Parcel 4 From R-40 to A-24 with a PD-H2 Overlay, August 12, 1997 -9- AGENDA RE VIEW SESSION ITEM # 42463 (Continued) J 9 Applicattons of the City of Virginia Beach, Department of Economic Development for property at the Northeast and Northwest tntersecttons of Bendtx Road and the Vtrgtnta Beach- Norfolk Expressway, contamtng 16 O1 acres (KEMPSVILLE BOROUGH) Change of Zomng Distrtct Classtficatton from 0-2 Office Dtstrtct and 1-2 Heav~ Industrtal Dtstrtct to I-1 Ltght Industrtal Dtstrtct for light industrial land use b Conchttonal Use Permttfor a television transmission facility Item V-J 1. will be AUTHORIZED for an ADDITIONAL 180-DA Y DEFERRAL (February 10, 1998) B Y CONSENT. Item V-J 8 wtll be AUTHORIZED FOR WITHDRAWAL B Y CONSENT. Item V-J. 9. will be APPROVED BY CONSENT, unless there is opposttion August 12, 1997 - 10- CITY COUNCIL CONCERNS 12:15 P.M. ITEM # 42464 Counctl Lady Henley advised, relative the noise at the amphitheater, she vtsited the adjacent neighborhood (Salem Lakes) on Saturday ntght and advised there ts a problem Councilman Baum believed there ts no reason for the speakers to be turned up that loud Counctl Lady Parker advtsed of a meettng yesterday, August 11, 1997, wtth Council Lady Strayhorn, Asststant Ctty Attorney Gary Fentress, Mark Wawner and Mtke Taber, General Manager for the Amphitheater Apparently they are hvtng withtn the guidelines estabhshed by the Ctty Council. A system whtch takes sound measurement should be ready wtthtn the next week or so. Thts establishes a recording at several different locations throughout the amphitheater. They are going to be checlang tnto a facihty tn San Francisco which has changed tts requtrements to 94 dbl The Ctty's sound box ts 105 dbl, but ts usually kept at 101 dbl. They were suggesting to lower the norse at the sound box in the begtnntng, where tt emanates; however, some of the performers would have a parttcular problem wtth thts Several months ago, Council Lady Strayhorn advtsed she and Councdman Harrtson went to the Amphitheater tn Raletgh and walked the entire location to wttness the norse tmpact The 60 dbl level for the commumty ts based on the sound expert's advtce This area does not fit the pattern, the Counctl Members were told it was gotng to fit for Raletgh Councilman Harrison does not believe the agreements spectfied a certatn norse dectbel level tn the contracts wtth Cellar Door Councilman Harrtson beheves Cellar Door must comply with the adopted norse ordtnance Thts amphttheater leaks more sound than the Walnut Creek Amphttheater tn Raletgh. Sound walls mtght need to be tnvesttgated The Cay Manager advtsed Cellar Door was complytng with the noise ordinance Cellar Door ts responstble for monttortng the norse The Ctty staff ts now tn the process of prepartng the report and are trytng to secure some addtttonal tnstrumentatton whtch can perform a more sophtsttcated measurement Mayor Oberndorf referenced a simdar occurrence with an amphitheater tn a small town adjacent to Chicago The government tnvested $150,000 for devices installed throughout the netghborhood to nottfy ctty offictals of the sound level ITEM # 42465 Councdman Branch referenced the TPC Groundbreaking Ceremony on August 7, 1997 Thts was an tmpresstve event. The Commtsstoner's remarks relattve the Mayor, Counctl Members, Staff and City tn general were wonderful. The Commissioner acknowledged what a postttve, progressive and bustness ortented City I/trginta Beach ts ITEM # 42466 Council Lady Henley referenced the City Manager's relattve the City Council Retreat agenda and format, scheduled for August 15 and 16, tn the Pavthon Mezzanme Conference Room Counctl Lady Henley wished to &scuss basic priorities, espectally spenchng and the Referendums, not just the Strategtc Plan as dehneated by Ctty Staff Mayor Oberndorf suggested there be no structure and allow each Member of Ctty Council to chscuss thetr prtortttes The Cay Manager advtsed thts suggested Agenda was developed from Lyle Sumek's interviews with each of the Members of Ctty Council The Ctty Manager advtsed there are no presentattons planned by the Staff The representatives from each of the strategtc tssue teams are there stmply as resources and to be of assistance Counctl Lady Strayhorn acknowledged there cannot be two days of Retreat without some structure August 12, 1997 -11 - CITY COUNCIL CONCERNS ITEM # 42466 (Continued) Councd Lady McClanan inquired when the Ctty Councd would dtscuss the proposed Referendums of the Schools and Library Board. The School Board has requested funds for school moderntzattons whtch mvolve costs htgher than cost esttmates for new schools The proposed Referendum totals $63,519,512. The Ctty Manager advtsed thts wdl probably be &scussed at the Retreat, however, Cay Councd Members mtght wtsh to have School Board Members present to respond to concerns The Ctty Manager suggested thts ttem be SCHEDULED for the Cay Counctl Workshop of August 19, 1997, rather than the Council Retreat Mayor Oberndorf referenced Supenntendent of Schools Ttmothy R Jenney's correspondence advising of a Resolution requesttng the Ctty Counctl tntttate a voter referendum for school renovations, including evaluation studies for future renovations, in the November General Election, ADOPTED by the School Board on August 5, 1997 Councilman Jones expressed further concern relattve the technology Referendum whtch did contain spectfics Counctlman Jones was concerned there would be a Referendum for the School moderntzatton and new constructton and then the next year or year after a Referendum for technology The ctttzens have artght to know the spectfic amount of funds entailed Councdman Branch advtsed the modernization ts connected to the technology, tnvolvtng the rewtring of schools to accept thts technology Counctl Lady Parker advtsed, durtng the Budget process, a chart had been requested relattve the vartous tmprovements whtch had been accomplished on some of the schools The question proposed for the Ballot chd not address the tax impact Counctl Lady Parker tnquired whether City Counctl was allowed to amend the Referendum "Questton" The Ctty Attorney advtsed the School Board has suggested the wor&ng for this Question They have a Commtttee of School Board Members wtth which the City Council can consult, tf they wtsh to AMEND thts Questton, but tt ts the prerogattve of the Ctty Counctl to AMEND the wordtng tf they so destre Councdman Branch requested an tnventory of the technology. The Ctty Manager advtsed $3-1/2-MILLION ts available in the FY 1996-1997 OPERATING BUDGET Mayor Oberndorf expressed concern re issues tnvolvtng the elderly as there wtll be addtttonal numbers tn the future Councilman Baum referenced &scussion of the possible eliminatton of the Personal Property Tax Councilman Branch suggested the Comprehenstve Plan and the Referendum issues be addressed first Councd Lady Strayhorn advtsed tt would not be a frmtful two days tf the background information was not avatlable relattve the School Referendum Councilman Jones advised the Ctty Council's Pohcy relattve the Comprehenstve Plan needs to be chscussed Counctlman Harrison also advised other issues are Lake Gaston and the water moratorium Councilman Jones advtsed, because of the legal tssues, thts must be chscussed tn Executive Sesston The Task Force will provtde a report so Counctl Members can respond to ctttzen tnqutrtes Councd Members expressed concerns re the number of Ctty Staff scheduled to attend the Council Retreat ITEM # 42467 Counctl Lady Parker referenced a billboard expanded on Shore Drive The Ctty Manager advised Counctl Lady McClanan had called relattve thts concern and several staff members are tnvesttgattng the sttuatton Councilman Harrtson noted thts Btllboard ts located at Salamander Slims August 12, 1997 - 12- ITEM # 42468 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY COUNCIL tn the Ctty Counctl Conference Room, City Hall Budding, on Tuesday, August 12, 1997, at 1 03PM Council Members Present John A Baum, Ltnwood 0 Branch, III, Wtlliam }V Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and Loutsa M Strayhorn Councd Members Absent None August 12, 1997 - 13- ITEM # 42469 Mayor Meyera E Oberndorf, entertatned a motton to permit Ctty Councd to conduct tts EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of Vtrgtnta, as amended, for the followmg purpose' PERSONNEL MATTERS. Discussion or consideration of or tntervtews of prospecttve can&dates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, &sciplining, or restgnatton of spectfic pubhc officers, appomtees, or employees pursuant to Sectton 2 1-344 (A) (1) To ~it' Appotntments- Boards and Commissions Arts and Humantttes Commtssion Board of Buil&ng Code Appeals Development Authortty Parks and Recreatton Commtsston Public Ltbrary Board PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the con&tton, acqulsttton, or use of real property for public purpose, or of the &sposttlon of pubhcly-held property, or of plans for the future of an lnstttutton whtch could affect the value of property owned or destrable for ownershtp by such lnstttutton pursuant to Sectton 2 1-344(A)(3) To-Wtt Burton Statton Prtncess Anne Borough - 2 parcels LEGAL MA TTERS Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertatnmg to actual or probable httgatton, or other spectfic legal matters requesting the provision of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) To-Wtt Carolyn Ltncoln v The City Virginia Beach, et al San Trap, in. v Charles Lomonaco Lynnhaven Rtver Dredgtng ProJect Agricultural Reserve Program - Blackwater and Pungo Boroughs Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council voted to proceed tnto EXECUTIVE SESSION. August 12, 1997 - 14- ITEM ii 42469 (Continued) Voting. 11-0 Counctl Members Voting Aye John A Baum, Linwood 0 Branch, III, Wtlliam W Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay None Counctl Members Absent: None August 12, 1997 - 15- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL August 12, 1997 2:30 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, Ctty Hall Butldmg, on Tuesday, August 5, ]997, at 2'30 P M Council Members Present John A. Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr, HaroM Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Absent None INVOCATION' The Revered Ted E. Davtd Baylake Untted Methodist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Central Ftdehty Bank chsclosed there were no other matters on the agenda tn whtch he has a "personal interest", as defined in the Act, etther tnchvtdually or tn hts capactty as an officer of Central Ftdehty Bank The Vtce Mayor regularly makes thts Dtsclosure as he may or may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Counctl Vtce Mayor Sessoms' letter of January 1, 1997, ts hereby made a part of the record August 12, 1997 -16- Item V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42470 Upon motton by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, Ctty Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meeting requtrements by Vtrgtnta law were chscussed in Executive Session to whtch this certtficatton resolutton appltes, AND, Only such pubhc bustness matters as were tdenttfied tn the motton conventng the Executtve Sesston were heard, Chscussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 10-0 Counctl Members Voting Aye John A Baum, Wilham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and Louisa M Strayhorn Council Members Vottng Nay None Counctl Members Absent Ltnwood 0 Branch, III August 12, 1997 Besolution 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 # 42469 Page No. 13 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. Ru~h Hodges Smith, CMC/AAE City Clerk August 12, 1997 -17- Item V-F. 1 MINUTES ITEM it 42471 Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Parker, City Councd APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of August 5, 1997. Vottng 11-0 Council Members Voting Aye John A. Baum, Ltnwood 0 Branch, III, Wdham W Harrtson, Jr., Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and Loutsa M Strayhorn Council Members Vottng Nay None Counctl Members Absent. None August 12, 1997 - 18- Item V-G.I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42472 BY CONSENSUS, C~ty Counctl ADOPTED: AGENDA FOR THE FORMAL SESSION August 12, 1997 19- Item V-K. ORDINANCES ITEM # 42473 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED BY CONSENT in ONE MOTION Or&nances 2a (AS REVISED), 2b, 3, 4a/b/c/ and 5 Voting 11-0 Council Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wtlliam W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan*, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Louisa M Strayhorn Council Members Vottng Nay None Counctl Members Absent None August 12, 1997 - 20 - Item V-I. 1. RES OL UTION ITEM # 42474 The followtng regtstered in OPPOSITION Barry Hull, 1933 Vtrgtma Beach Boulevard, Phone. 422-1762 J Mark Hamdton, 544 Vandgebdt Avenue, Phone' 422-1238 Howard Park, 3050 K Street, H W Washtngton Street, Phone (202) 544-6262, represented the Personal Watercraft Industry Assoctatton Mardyn Dorsey, 108 Goldcfrest Drtve, Chesapeake, Vtrgtnta 233325, Pone 420-9525 Karen Mallard, 434 Marsh Duck Way, Vtrgtma Beach, 23451, Phone 491-3028, represented Tidewater Personal Watercraft Club Larry G Gordon, Wave Rtders, Inc, 3319 Shore Drive, Phone 481-4381 Davtd Gaslans, 2013 Barnet Court, Phone 468-8895, represented Ttdewater Personal Watercraft Club BY CONSENSUS, City Councd TABLED: Resolutton to seek a temporary ban on the operatton of personal watercraft tn the Ctty, to request additional legislative authortty and regulattons restrtcttng the operatton of personal watercraft, and, to direct avadable pohce resources to the enforcement of existing laws and regulattons governtng the operatton of personal watercraft. (Sponsored by Vtce Mayor Wdham D Sessoms, Jr) A Commtttee shall be appotnted at the Ctty Councd Session of August 26, 1997, to report to Ctty Councd prtor to General Assembly Sesston tn January 1998 August 12, 1997 Requested by Vice-Mayor William D. Sessoms, Jr. RESOLUTION SEEKING A TEMPORARY BAN ON THE OPERATION OF PERSONAL WATERCRAFT IN THE CITY, REQUESTING ADDITIONAL LEGISLATIVE AUTHORITY AND REGULATIONS RESTRICTING THE OPERATION OF PERSONAL WATERCRAFT, AND DIRECTING AVAILABLE POLICE RESOURCES TO THE ENFORCEMENT OF EXISTING LAWS AND REGULATIONS GOVERNING THE OPERATION OF PERSONAL WATERCRAFT WHEREAS, according to the State Department of Game and 10 Inland Fisheries, the number of personal watercraft (more commonly 11 referred to as "jet skis" or "water scooters") registered in the 12 State of Virginia doubled between 1994 and 1996; 13 WHEREAS, the Department's statistics reveal that the 14 number of reported boating accidents involving personal watercraft 15 almost doubled during this same period of time; 16 WHEREAS, the Department's statistics also reveal that 17 although personal watercraft only account for approximately 6% of 18 the total number of vessels registered in the State, they account 19 for 36% of all reported boating accidents; 20 WHEREAS, because the City of Virginia Beach is located 21 adjacent to the Atlantic Ocean and the Chesapeake Bay, and has a 22 very large network of inland waters, there is a greater 23 concentration of personal watercraft in the City than in other 24 areas of the State, as well as a greater number of accidents and 25 injuries associated with their operation; 26 WHEREAS, the City's Department of Emergency Medical 27 Services ("EMS") reports that between June 1 and July 21, 1997, 28 Virginia Beach General Hospital's emergency room treated nine (9) 29 individuals for injuries attributed to boating accidents, and that 30 all of the accidents involved the operation of personal watercraft; 31 WHEREAS, EMS also reports that these accidents were not 32 isolated to one area of the City, but instead occurred in various 33 locations throughout the City including the Atlantic Ocean, the 34 Chesapeake Bay, Broad Bay and Blackwater; 35 WHEREAS, these nine (9) accidents alone, which occurred 36 in a span of only fifty-one (51) days, constitute more than ten 37 percent (10%) of the total number of boating accidents involving 38 personal watercraft reported throughout the entire State of 39 Virginia during all of 1996; 40 WHEREAS, pursuant to the Code of Virginia, municipalities 41 are authorized to enact local ordinances which parallel general 42 State law regulating the operation of watercraft; 43 WHEREAS, the ordinances adopted by the City of Virginia 44 Beach pursuant to this authority restrict the operation of personal 45 watercraft to the maximum degree permissible under current State 46 law; 47 WHEREAS, the alarming statistics set forth herein provide 48 clear and convincing evidence that existing laws regulating the 49 operation of personal watercraft are grossly inadequate to address 50 the current, unacceptable increase in injuries in the City of 51 Virginia Beach caused by the proliferation of personal watercraft 52 and the actions of reckless, inattentive, and/or inexperienced 53 operators; 54 WHEREAS, the State Board of Game and Inland Fisheries is 55 authorized by State law to "adopt such regulations as it deems 56 appropriate ... to provide ... for the safe and reasonable 57 operation of vessels so as to reduce the risks of collision, 58 personal injury and property damage as a result of such 59 operation .... "; 60 WHEREAS, additionally, State law provides that "[a]ny 61 political subdivision of this Commonwealth may, at any time, but 62 only after public notice, formally apply to the Board for special 63 rules and regulations with reference to the safe and reasonable 64 operation of vessels on any water within its territorial limits and 65 shall specify in the application the reasons which make the special 66 rules or regulations necessary or appropriate;" and 67 WHEREAS, for the reasons set forth herein, both immediate 68 action by the State Board of Game and Inland Fisheries, and 69 emergency legislation by the General Assembly during its 1998 70 Session, are necessary and appropriate to address this ongoing 71 threat to the health, safety, and welfare of boaters, swimmers, and 72 other individuals who work and play in the waters of the City of 73 Virginia Beach, and have the right to be safe while doing so. 74 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 75 OF VIRGINIA BEACH, VIRGINIA: 76 That City Council hereby formally applies to the State 77 Board of Game and Inland Fisheries for the immediate adoption of a 78 special rule or regulation imposing a temporary ban on the 79 operation of personal watercraft in the City of Virginia Beach 80 until more restrictive legislation has been adopted by the General 81 Assembly and is in effect; 82 BE IT FURTHER RESOLVED: 83 That, in the event the Board declines, for whatever 84 reason, to adopt a special rule or regulation imposing such a 85 temporary ban, City Council hereby requests the Board to adopt such 86 other special rules and regulations as the Board deems necessary 87 and appropriate to address this emergency situation; 88 BE IT FURTHER RESOLVED: 89 That City Council hereby requests the General Assembly to 90 adopt emergency legislation during its 1998 Session that 91 significantly enhances restrictions on the operation of personal 92 watercraft statewide and/or grants broader authority to 93 municipalities to regulate the operation of personal watercraft at 94 the local level in response to local concerns; 95 BE IT FURTHER RESOLVED: 96 That the City Manager is hereby directed to take whatever 97 action he deems necessary, including the commitment of additional 98 law enforcement personnel, to ensure the active enforcement of all 99 laws applicable to the operation of personal watercraft; and 100 BE IT FURTHER RESOLVED: 101 That the City Clerk is hereby directed to forthwith send 102 a certified copy of this Resolution to each member of the City's 103 local delegation to the General Assembly and to the State Board of 104 Game and Inland Fisheries. 105 Adopted by the Council of the City of Virginia Beach, 106 Virginia, on the day of , 1997. 107 108 109 110 CA-6754 ODIN\NUANCED\ JETSKI. RES R-1 PREPARED: 08/07/97 - 21 - Item V-I.2. ORDINANCES ITEM # 42475 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd: Ordinances re AR TS AND HUMANITIES ADOPTED, as REVISED: AMEND and REORDAIN "An Ordinance Rattfytng and Confirmtng the Creatton of the Vtrgtnta Beach Arts and Humantttes Commtsston and Provtcltng for tts Composttton, Terms of Members, Conductmg of Bustness, Etc," adopted by City Council on May 7, 1979 ADOPTED: bo AMEND Sections 2-455 and 2-456 of the City Code by changtng the name of the Department of Museums to the Department of Museums and Cultural Arts Voting 11-0 (By Consent) Council Members Voting Aye John A. Baum, Ltnwood 0 Branch, III, Wdham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker and Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Voting Nay None Counctl Members Absent None August 12, 1997 AN ORDINANCE TO AMEND AND REORDAIN "AN ORDINANCE RATIFYING AND CONFIRMING THE CREATION OF THE VIRGINIA BEACH ARTS AND HUMANITIES COMMISSION AND PROVIDING FOR ITS COMPOSITION, TERMS OF MEMBERS, CONDUCTING OF BUSINESS, ETC.," ADOPTED BY CITY COUNCIL ON MAY 7, 1979 10 11 WHEREAS, by ordinance adopted May 7, 1979, City Council 12 ratified and confirmed the creation of the Virginia Beach Arts and 13 Humanities Commission (the "Commission"); 14 WHEREAS, at its meeting in June of 1997, the Commission 15 voted to recommend to the Council that certain amendments be made 16 to the 1979 ordinance; and 17 WHEREAS, staff of the City Manager's Office and the 18 Department of Museums have reviewed the amendments recommended by 19 the Commission and find them to be desirable. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 That "An Ordinance Ratifying and Confirming the Creation 23 of the Virginia Beach Arts and Humanities Commission and Providing 24 for its Composition, Terms of Members, Conducting of Business, 25 Etc.," adopted by City Council on May 7, 1979, is hereby amended 26 and reordained to read as follows: 27 Section 1. Creation 28 There is hereby created an advisory commission to be 29 known as the Virginia Beach Arts and Humanities Commission (the 30 "Commission"). 31 The Commission shall consist of eleven (11) commissioners 32 appointed by City Council. To be eligible for appointment, each 33 commissioner shall maintain a primary residence in the City of 34 Virginia Beach . A commissioner may concurrently hold membership on 35 the corporate board of an arts groups in the Commonwealth of 36 Virginia; provided, however, that the commissioner shall be 37 required to abstain from participating in the Commission's 38 discussion or vote on any matter involving the arts group on whose 39 corporate board the commissioner serves. 4O The term of each commissioner shall begin on July 1 of 41 the year in which the commissioner is appointed. The terms of 42 commissioners shall be for two (2) years. Prior to June 1 of each 43 year, the City Council will appoint six (6) commissioners in even- 44 numbered years and five(5) commissioners in odd-numbered years. 45 They shall hold office during their respective terms at the 46 pleasure of the City Council or until their successors have been 47 appointed and have taken office. 48 Section 4. Vacancies 49 Ail vacancies on the Commission occurring by reason of 50 resignation, removal, or otherwise shall be filled by appointment 51 by the City Council for the remainder of the unexpired term. 52 Section 5. Election of Officers; Term 53 At the Annual Meeting in July of each year, the members 54 of the Commission shall elect from among the commissioners the 55 following officers who shall, collectively, constitute the 56 Executive Committee: a Chair, a Vice-Chair, a Secretary and a 57 Treasurer. Ail officers shall serve for terms of one (1) year or 58 until their successor is elected; provided, however, that no 59 officer shall serve more than two (2) consecutive one-year terms in 60 the same office. 61 Section 6. Meetings 62 Unless otherwise ordered by the Commission or the 63 Executive Committee, regular meetings shall be held in May and July 64 and not less than six (6) times annually. A regular meeting in 65 July shall be known as the Annual Meeting and shall be for the 66 purpose of electing officers, receiving written reports of 67 officers and committees, and conducting any other business that 68 may arise. 69 Section 7. Quorum 70 A majority of the commissioners shall constitute a 71 quorum for the transaction of business. 72 Section 8. Powers of Executive Committee 73 The powers of the Commission shall be exercised by the 74 Executive Committee after approval by the Commission. 75 Section 9. Conduct of Business 76 The Commission may adopt bylaws, for the conduct of 77 its business; provided such bylaws are consistent with this 78 ordinance and Robert's Rules of Order. 79 Section 10. Purpose of Commission 80 The purpose of the Commission is to serve in an advisory 81 capacity to the Virginia Beach City Council; to encourage the 82 development of programs in the arts and humanities in the City of 83 Virginia Beach; to bring into closer cooperation all local and 84 regional arts organizations for the benefit of all citizens of 85 Virginia Beach; to provide information and assistance to such 86 organizations when feasible; to serve as the coordinating group 87 through which shall be channeled all City funds appropriated to 88 organizations promoting the arts and humanities; and to coordinate 89 efforts to secure federal and state funding for programs in the 90 arts and humanities. 91 The scope of this Commission is limited to groups which 92 qualify as a registered non-profit tax-exempt group and which 93 have, as a stated purpose, the furtherance of the arts and 94 humanities through the provision of programming and/or services 95 designed to benefit the citizens of Virginia Beach. 96 Section 11. Reports 97 The Commission shall make the following reports to the 98 City Council and shall provide recommendations to City Council 99 from time to time as may be required: 100 1) Budget recommendations for each ensuing fiscal 101 year by December 31 of each calendar year; 102 2) Such financial reports as may be directed or 103 requested by the Director of Finance; 104 3) Reports of the attendance record of each 105 commissioner, in accord with the requirements of 106 Section 2-3.1 of the City Code; and 107 4) An annual report of the Commission's activities by 108 May 15th of each year. 109 Section 12. Conflict 110 This ordinance, as amended, supercedes "An Ordinance 111 Ratifying and Confirming the Creation of the Virginia Beach Arts 112 and Humanities Commission and Providing for its Composition, Terms 113 of Members, Conducting of Business, etc.," adopted by City Council 114 on May 7, 1979, and also supercedes the provisions of any other 115 ordinance or resolution, or the provisions of any bylaws, which may 116 be in conflict with this ordinance. 117 Adopted by the Council of the City of Virginia Beach, 118 Virginia, on the 12th day of August, 1997. 119 CA-6578 120 PROPOSED/ARTSHUM.ORD 121 R-1 122 AUGUST 12, 1997 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 AN ORDINANCE TO AMEND THE CITY CODE BY CHANGING THE NAME OF THE DEPARTMENT OF MUSEUMS TO THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS SECTIONS AMENDED: 2-455 AND 2-456 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 2-455 and 2-456 of Chapter 2, Article XXIV, of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: ARTICLE XXIV. DEPARTMENT OF MUSEUMS AND CULTURAL ARTS Sec. 2-455. Created; composition. There is hereby created a department to be designated the department of museums and cultural arts which shall consist of a director of the department, and such other employees as may be prescribed by the Charter, by ordinance, or by direction of the city manager or the director consistent therewith. Sec. 2-456. Functions. The department of museums and cultural arts shall be responsible for administering and coordinating the activities and functions of the Virginia Marine Science Museum, the Francis Land House, the deWitt Cottage and the Arts and Humanities Commission. The department shall also be responsible for the provision of such other services as may be directed by the council or the city manager. Adopted by the City Council of the City of Virginia Beach on this 12th day of August, 1997. CA-6745 /ORDIN/PROPOSED/2 -45 SET. ORD AUGUST 6, 1997 R3 - 22 - Item V-L$. ORDINANCES ITEM # 42476 Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED: Ordinance to grant a one-year franchise to GYRO, V.A., INC. t/a Bozellis to operate an open air cafe tn the Resort Area at 208 17th Street, and, to authorize the Ctty Manager to execute a franchise agreement (VIRGINIA BEACH BOROUGH) ~ttng: 11-0 (By ConsenO Council Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wtlltam W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M. Strayhorn Council Members Vottng Nay None Council Members Absent None August 12, 1997 AN ORDINANCE GRANTING A FRANCHISE TO GYRO, V.A., INC. FOR THE OPERATION OF OPEN AIR CAFE IN THE RESORT AREA WHEREAS, the City has adopted, and incorporated into a 5 Franchise Agreement, regulations for the operation of open air 6 cafes on public property in the Resort Area; WHEREAS, Gyro, V.A., Inc. (t/a Bozellis) (hereinafter 8 referred to as "Grantee") has submitted an application to the City 9 for the grant of a franchise to operate an open air Atlantic Avenue 10 sidestreet cafe at 208 17th Street, Virginia Beach, Virginia 23451; 11 WHEREAS, the representations made in the application 12 comply with the aforementioned regulations; and 13 WHEREAS, the Department of Convention and Visitor 14 Development has determined that the proposed cafe will have no 15 detrimental effect on the public health, safety, welfare, or 16 interest, and will enhance the festive atmosphere in the Resort 17 Area. 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That a franchise is hereby granted to Gyro, V.A., Inc. 21 (t/a Bozellis) to operate an open air caf~ at the address indicated 22 herein, from August 16, 1997, to April 30, 1998, conditioned upon 23 the Grantee's provision of an approved final site plan, liability 24 insurance coverage, a security bond, and the applicable franchise 25 fee, and upon the Grantee's compliance with all of the terms and 26 conditions of the aforementioned Franchise Agreement; and 27 BE IT FURTHER RESOLVED: 28 That the City Manager is hereby authorized to enter into 29 a Franchise Agreement with the Grantee subject to the aforemen- 30 tioned conditions. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 12th day of August , 1997. 33 34 35 36 CA- 6744 ORDIN\NONCODE\BOZEL. ORD R-1 PREPARED: 07 / 30 / 97 37 38 39 4O APPROVED AS TO CONTENTS: /nventi on Vi s i t or Deve 1 opment 41 42 43 44 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney - 23 - Item V-L4. a. ORDINANCES ITEM # 42477 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Council ADOPTED: Ordtnance to authortze temporary encroachment tnto a portton of the City's easement and waterway by VERNON B. and EARLENE C. BONNEY re constructing and matntatntng a boat hft, dock, pter, .bulkhead and fence at 2853 Sandpiper Road (PRINCESS ANNE BOROUGH) The following con&ttons shall be required The temporary encroachment shall be constructed and mamtamed tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and in accordance wtth the Ctty of Vtrgtnta Beach Pubhc Works Department's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shall termtnate upon notice by the Ctty of Virgtnta Beach to the apphcant and, wtthtn thtrty (30) days after such notice ss gtven, such temporary encroachments shall be removed from the Ctty's easement and waterway known as Bass Inlet by the apphcant and the apphcant shall bear all costs and expenses of removal The apphcants shall tndemntfy and hold harmless the Ctty of Vtrgtnta Beach, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tncluchng reasonable attorney's fees tn case tt shall be necessary to ftle or defend an actton artstng out of the location or existence of such temporary encroachments No permtsston or authority is gtven to the apphcants to permtt the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permit the matntenance and construction of any encroachments by any one other than the apphcants 5. The apphcants agree to matntatn the temporary encroachments so as not to become unstghtly or a hazard The apphcants shall obtatn a permtt from the Development Servtces Center prior to commenctng any constructton wtthtn the Ctty's easement and waterway known as Bass Inlet The apphcants shall obtain and keep tn force all rtsk property tnsurance and general habthty or such tnsurance as ss deemed necessary by the Ctty, and all tnsurance pohcies must name the Ctty as addtttonal named insured or loss payee, as apphcable The apphcant must also carry Comprehensive General Ltabthty Insurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle limits of such insurance pohcy or pohctes The applicant must provtde endorsements providtng at least thirty (30) days' written notice to the City prtor to the cancellatton or termtnatton of or material change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or conttngent, wtth relatton to the temporary encroachments. August 12, 1997 - 24 - Item V-I. 4. a. ORDINANCES ITEM # 42477 (Continued) The apphcant shall submtt for revtew and approval a survey of the area betng encroached upon, certtfied by a regtstered professional engmeer or a certtfied hcensed land surveyor and/or "as butlt" plans of the temporary encroachment, sealed by a registered professional engtneer, of the temporary encroachment, if requtred by etther the City Engtneer's Office or the Engtneertng Dtvtston of the Pubhc Utthttes Department. The City, upon revocatton of such authortty and permtsston so granted, may remove any such temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pending such removal, the Ctty may charge the apphcant for the use of such portton of the Ctty's easement and waterway encroached upon the equivalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachments are allowed to conttnue thereafter, and shall collect such compensation and penalttes tn any manner provtded by law for the collection of local or state taxes Vottng. 11-0 (By Consent) Council Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Voting Nay None Counctl Members Absent None August 12, 1997 1 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF CITY'S EASEMENT AND WATERWAY ADJACENT TO VERNON B. AND EARLENE C. BONNEY'S, PROPERTY AT 2853 SANDPIPER ROAD 10 11 WHEREAS, Vernon B. and Earlene C. Bonney, desire to construct and maintain temporary encroachments into the City's easement and waterway located at 2853 Sandpiper Road to construct 12 13 14 15 16 17 and maintain a boatllft, dock, pier, bulkhead and fence. WHEREAS, City Council is authorzzed pursuant to ~ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize the temporary encroachments upon the Czty's easement and waterway subject to such terms and conditzons as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 20 21 That pursuant to the authority and to the extent thereof contained _Ln §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended Vernon B. and Earlene C. Bonney ,their he:rs, asszgns and 22 successors in title are authorzzed to construct and maintain the 2B temporary encroachments ~nto a portion of the C~ty's easement and 24 waterway as shown on the map entitled: "PHYSICAL SURVEY OF LOT 89 25 TRACT BC,TRACT B SECTION 3,TRACT B-C,TRACT C SECTION 1 SANDBRIDGE 26 BEACH Plat Recorded In M.B. 41, PG.7, In The Clerk's Offzce Of The 27 28 Circuit Court,Vzrg~n~a Beach, Va AND 10' STRIP OF LAND WEST OF LOT-89 : TRACT B TRACT B, SECTION 3-TRACT BC-TRACT C-SECTION 1 29 SANDBRIDGE BEACH AS SHOWN ON THE PLATS DESIGNATED SANDBRIDGE SHORES 30 SECTION i-A, NORTH AREA Plat Recorded In M.B.67, PG.44, In The 31 32 Clerk's Office Of The C~rcuit Court, Virginia Beach, Va SANDBRIDGE SHORES SECTION I-A, SOUTH AREA RECORDED IN M.B.72, AT PAGE 2 33 PRINCESS ~qNE BOROUGH - VIRGINIA BEACH, VIRGINIA For VERNON BONNEY" 34 35 36 37 38 39 40 4~ 42 43 44 45 46 47 a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of V~rg~n~a Beach and Vernon B. and Earlene C. Bonney, (the "Agreement") which is attached hereto and ~ncorporated by reference; and BE IT FURTHER ORDAINED that the C~ty Manager or h~s authorized designee ~s hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Vernon B. and Earlene C. Bonney and the C~ty Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of V~rg~n~a Beach, V~rg~n~a, on the 12th day of August , 1997. 48 49 5O 51 CA-~ ?--~/ S BURNS/BONNEY. ORD R-1 PREPARED' 6/18/97 .~fROVED AS TO CONTENTS J-- ' -SIGNATUI~E ' DE PA/~TMENT ~tPPROVED AS TO LEGAL SUFFICIENCY AND FORM C I TY ATTORNEY TE LOCATION &lAP SCAL~ LOCATION MAP FOR VERNON B. & EARLENE C. BONNEY ENCROACHMENT AT 2853 SANDPIPER ROAD SCALE: 1" TO (~ERTIFY TilAT I, ON FEBRUARY' 10.1997 , SURVEYED TIlE PROPERTY I'l.l~ LINES AND TIlE T/Al,la OF TIlE BUll.DINGS ARE SIIOWN ON Tills PI.AT. TilI~ rI.E LINES AND TIIERE ARE NO ENCROACIIMENTS OF OTIIEli BUILUINGS ON I0' STRIP (o.e. ;oJ I. P. 6,2) BA OF' SIGNED 100' · · NO. 0404 000724 3' E4SEMENT--~ I~-- 17B4cr BC E4~r ROOD t/NE PER P,4~E/. 'FENCE 1.55' INSIDE -.---1,940.0" - LO 4 R~T/IlNE~' W/iLL 12.50' I 19.94' III 2855 I S17FR. ON Pll IN~$ &j, B S I0'48' E SANDPIPER ROAD WALK 9O fENCE I. SJ' £ rE, A ~'M~ FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED) ALONG AND ADJACENT TO ALL SIDE AND REAR '; OF ALL LOTS WITHIN THIS SUBDMSION IS DEDICATED TO THE CITY OF VIRGINIA BEACH FOR THE INSTALLATION ON ./'OR MAINTANENCE OF UTILITIES AND DRAINAGE FACILITIES r)OD INFORMATION, THE PROPERLY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE "C" (AREA OF I LAL FLOODING) AND FLOOD ZONE "A3" EL. 5( AREAS OF 100-YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD RD FACTORS DETERMINED) AS SHOWN ON F.E.M.A.'S FLOOD INSURANCE RA'(E MAP (F.I.R.M.) FOR THE CITY OF ~IIA BEACH VA. COMMUNITY PANEL NO. 5I§53! 0044C DATED JANUARY 17, 1985. · J'~8, W.P. LARGE INC. IS NOT A PARTt' IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE THE PROPERLY SHOWN HEREON· THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE IJECT TO FLOODING, FOR FURTHER INFORMATION, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL. THIS SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS Plit 0 A TRACT B, IECTIO~q 8--TBA~3T BI3--TRA(2T O--EEf~TIOH ,., AH S tlOWlq ON TIIIg PLATS IVBYIH(I-BHGINEERIHG ~ SANDBRISCIE mllonBm MECTION I--A, IqOnTl! AREA flNIHO-BHVIRONMEHTAL ~l P,.L Reaorded In Id.fi.O?, PO.,d, 4,, In The Clerk*m orrta. of The 13iroutt Court, VIrflnit BOUGh, VA - -m .... ldUSTANG TRAIL - SUITE 8 ~ t ) BAHDBRIDGIBn~COm)~HIIOREBIN 9BCTIOIqM.B.?O, ATI --A,pAGEBOUTHn AREA IItGINIA BEACll, VIRGINIA ~ PRINcBmm ANNE nOItO~Gll -- VIRGINIA BEAClt. VIRGINSA PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a) (3) AND 58.1-811(c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ Y6 day of ~-= w ~_ , 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and VERNON B. BONNEY AND EARLENE C. BONNEY, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part. W I T N E S S E T X: That, WHEREAS, the party of the second part is the owner of that certain lot, tract, or parcel of land designated and described as "Tract B C, Lot 89 and 10' Strip, Sandbridge Beach" and being further designated and described as "2853 Sandpiper Road, Virginia Beach, Virginia 23456 · GPIN 2433-35- 2419" and That, WHEREAS, it is proposed by the party of the second part to construct and maintain a boat lift, dock, pier, bulkhead and fence in the City of Virginia Beach; and WHERF2%S, in constructing and maintaining such boat lift, dock, pier, bulkhead and fence, it is necessary that the said party of the second part encroach into a portion of a City easement and waterway known as Bass Inlet; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such boat lift, dock, pier, bulkhead and fence within a portion of the City's easement and waterway known as Bass Inlet. 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 easement and waterway known as Bass Inlet for the purpose of constructing and maintaining such boat lift, dock, pier, bulkhead and fence. 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 easement and waterway known as Bass Inlet as shown on that certain plat entitled: "PHYSICAL SURVEY OF LOT 89 TRACT BC, TRACT B SECTION 3, TRACT B-C, TRACT C SECTION 1, SANDBRIDGE BEACH, PLAT RECORDED IN M.B.41, PG.7 IN THE CLERK'S OFFICE OF THE 2 CIRCUIT COURT, VIRGINIA BEACH, VA AND 10' STRIP OF LAND WEST OF LOT 89 : TP~ACT B, TRACT B, SECTION 3-TRACT BC-TRACT C- SECTION 1, SANDBRIDGE BEACH AS SHOWN ON THE PLATS DESIGNATED SANDBRIDGE SHORES SECTION l-A, NORTH AREA PLAT RECORDED IN M.B.67, P.44, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VA, SANDBRIDGE SHORES SECTION l-A, SOUTH AP~A RECORDED IN M.B.72, AT PAGE 2, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA, PRINCESS ANNE BOROUGH - VIRGINIA BEACH, VIRGINIA FOR VERNON BONNEY," 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's easement and waterway known as Bass Inlet 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 easement and waterway known as Bass Inlet. It is further expressly understood and agreed that the party of the second part shall obtain and keep in force All Risk Property Insurance and General Liability or such insurance as is deemed necessary by the party of the first part, and all insurance policies must name the party of the first part as additional named insured or loss payee, as applicable. The party of the second part also agrees to carry Comprehensive General Liability Insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The 4 party of the second part will provide endorsements providing at least thirty (30) days written notice to the party of the first part prior to the cancellation or termination of, or material change to, any of the insurance policies. The party of the second part assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. It is further expressly understood and agreed that the party of the second part shall submit for review and approval, a survey of the area being encroached upon, certified by a professional engineer, and/or "as built" plans of the temporary encroachment, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, as provided for in paragraph one on page three regarding the thirty (30) day notice, may remove any such temporary encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's easement and waterway known as Bass Inlet encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by 5 the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such 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, Vernon B. Bonney and Earlene C. Bonney, 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 Earlene C. Bonney (APPROVED AS TO CONTEI',I'i' D[PAFI'MENT APPR,'gVED AS TO LEGAl. SUFFICIENCY 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 STATE OF N~.f CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this ~ day of ~-~-.~ . , 19qq , by Vernon S. Bonney. My Commission Expires: Nd~af.~ Pub!ic \ STATE OF ~ CITY/COUNTY OF C. Bonney. to-wit: The foregoing instrument was acknowledged before me day of ~_~_--~ ~- , 19 ~?,. by Earlene C. My Commission Expires: EXHIBIT "A" ~....- (lEiS ~S TO cI~RTIFY TIIAT I, ON FEBRUARY 10,1907 , SURVEYED TIlE PROPERTY I'iIE TITLE LINES AND Tile WAI.LS OF Tile BUll.DINGS ARE SiiOWN ON Tills Pi,AT. Tlli~ I'ilg q'ITLE LINES AND TiiERE ARE NO ENCROACIlMENTS OF OTiiER BUILDINGS ON Tile P. RO] I0' STRIP OF SIGNED N 10'48' W 100' ~X~S.P,T AS CEil NO. 0404 000724 WOOD BUI. KHERD T l'R4¢r BC EASEMENr L IN£ PE'ff P4NEZ JO' B/L ~_ _ 'FENCE 1.53' INSIDE ~. $4. LO 23.5 RETAINER WALL 12 50' l 19 94' //t 2053 I SD'FR. ON Pti IIVfi.~ ,% WOOD WALK 19. 8.3' 8 S 10'48' E SANDPIPER ROAD 7. 90 ~ FENCE 1.53' £ · NOTE: A FIVE FOOT EASEUENT (UNLESS GREATER WIDTH IS NOTED) ALONG AND ADJACENT TO ALL SIDE AND REAR LINES OF ALL LOTS WITHIN THIS SUBDIVISION IS DEDICATED TO THE CITY OF VIRGINIA BEACH FOR THE INSTALLATION ON AND/OR MAINTANENCE OF UTILITIES AND DRAINAGE FACILITIES FLCX)D INFORMATION, TH[ PROPERTY SHOWN HER[ON APPEARS TO FALL WITHIN FLOOD ZONE "C" (AREA OF UINIUAL FLOODING) AND FLOOD ZONE 'A3" EL. 5( ARE, A~S OF 100-YEAR FLOOD; BASE FLOOD ELEVATIONS AND FLOOD ~P. ZARD FACTORS DETERIdlNED) AS SHOWN ON F.E.Id.A. S FLOOD INSURANCE RArE UAP (F.I.R.M.) FOR THE CI1¥ OF %qRGINIA BEACH VA. COIdldUNITY PANEL NO. 515531 0044C DATED JANUARY 17, 1985. NOTES, W.P. LARGE INC. IS NOT A PARTY IN DETERIdlNING THE REOUlREIdENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THIS SURVEY DOES NOT IUPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING, FOR FURTHER INFOR~TION, CONTACT THE LOCAL COIdUUNITY FLOOD OFFICIAL. THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND IdAY NOT SHOW ANY/ALL EASEk4ENTS OR RESTRICTIONS T~AT UAY AF~LCT SAID PROPERTY AS SHOWN. 8URVBYINQ-ENGINEERING PlANNING-ENVIRONMENTAL · , il - -- E44 MUSTANG TRAIL - SUITE 8 VIRGIH]A BEACll. VIRGIHIA LOT 8~ TRACT B SECTION B, TRACT B--C. TRACT C SECTION l HAI~DBRIDGIB BBAOH Plot Rooorded In M.B.41, PO.7, In Tho Clork*o orrIo. or Th~ Clruutt CouF~;DVirftnilAn Bomoh, VA tO' STRIP OF ~ND WEHT OF LOT--SS I TRACT B TRACT B, SECTION B--TRACT BG--TRA~ C--B~CTION t AB S :IOWH ON TIlE P~TB DESIGNATED BANDBRiS~B SllOREB HBCTION l--A, NORTll AREA Plot Reoordod In M.B.OT, PG.44, In The Clerk*. orrtoe or The Ciroult Court, Virfinim Bmmoh. VA BANDBRID~E HIIORE8 SECTION I--A, SOUTH AREA PRINCESH ANNE BOHOUGli -- VIRGINIA BEAC]I, VIRGINIA CO* v_~BNQ~_EIQNblEY FEIIRUARY 10,1007 - 25 - Item V-L4. b. ORDINANCES ITEM # 42478 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED: Ordtnance to authorize temporary encroachment tnto a portion of an extsttng Ctty 40' dratnage and canal easement known as Chelsea Canal by BRIAN W. and KAREN W. BREMENSTUL re constructtng and mamtammg a boat hft at 1847 Duke of York Quay (LYNNHAVEN BOROUGH) The following conditions shall be requtred' The temporary encroachment shah be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Virgtnta Beach and tn accordance wtth the Ctty of Vtrgtnta Beach Publtc Works Department's spectficattons and approval as to size, ahgnment and location The temporary encroachment shah terminate upon nottce by the Ctty of Vtrgmta Beach to the apphcant and, wtthtn thtrty (30) days after such nottce ts gtven, such temporary encroachments shah be removed from the City's 40' dramage and canal easement further known as Chelsea Canal by the apphcant and the apphcant shah bear all costs and expenses of removal The apphcants shah tndemntfy and hold harmless the City of Vtrgtnia Beach, tts agents and employees from and agatnst all claims, damages, losses and expenses, tncluchng reasonable attorney's fees tn case tt shall be necessary to ftle or defend an action artsing out of the locatton or extstence of such temporary encroachment No permtsston or authortty ts given to the apphcants to permit the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permtt the matntenance and construction of any encroachment by any one other than the apphcants 5. The apphcants agree to matntatn the temporary encroachment so as not to become unstghtly or a hazard. The applicant shall obtain a permit from the Development Servtces Center prior to commenctng any constructton wtthtn the Ctty 's 40' drainage and canal easement known as Chelsea Canal. The City, upon revocation of such authortty and permisston so granted, may remove any such temporary encroachment and charge the cost thereof to the apphcant and collect the cost in any manner provtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, penchng such removal, the Ctty may charge the applicant for the use of such portton of the Ctty's easement and waterway encroached upon the equivalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and tf such removal shah not be made wtthtn the ttme specked by the Ctty, the Ctty shall impose a penalty tn the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachments are allowed to conttnue thereafter, and shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes August 12, 1997 - 26- Item V-L 4. b. ORDINANCES ITEM # 42478 (Continued) Vottng l l-O (By ConsenO Counctl Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Wtlham ~ Harrtson, Jr., HaroM Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay None Council Members Absent. None August 12, 1997 2 3 4 5 6 7 8 9 10 11 12 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF AN EXISTING CITY 40' DRAINAGE AND CANAL EASEMENT FURTHER KNOWN AS CHELSEA CANAL OF 1847 DUKE OF YORK QUAY BY BRIAN W BREMENSTUL AND KAREN W. BREMENSTUL , THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 13 14 15 WHEREAS, Brian W. Bremenstul and Karen W. Bremenstul desmre to construct and maintain a boat lift wmthmn a portion of the easement mnto the Cmty's dramnage easement located at 1847 16 17 18 19 20 Duke of York Quay. WHEREAS, C~ty Council ms authorized pursuant to 99 15.1- 316 and 15.1-893, Code of Vmrgmnma, 1950, as amended, to authormze a temporary encroachment upon the City's rmght-of-way and drainage easement subject to such terms and condmtmons as Councml may 21 prescribe. 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof 25 contained in §§ 15.1-316 and 15.1-893, Code of Vmrginla, 1950, as 26 amended Brman W. Bremenstul and Karen W. Bremenstul their heirs, 27 assmgns and successors mn title are authormzed to construct and 28 29 30 mamntain a temporary encroachment for a boatlmft mn the City's drainage easement as shown on the map entitled: "PROPOSED BOAT LIFT IN: CHELSEA CANAL AT: 1847 DUKE OF YORK QY. VIRGINIA BEACH, VA 31 32 23454 APPLICATION BY: BRIAN W. BREMENSTUL" a copy of which ms on file in the Department of Public Works and to which reference ms 33 34 35 made for a more partmcular descriptmon; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, condmtmons and crmterma 36 37 contained in the Agreement between the City of Virginia Beach and Brian W. Bremenstul and Karen W. Bremenstul which ~s attached 38 39 hereto and ~ncorporated by reference; and BE IT FURTHER ORDAINED that the C~ty Manager or h~s 40 authorized designee ~s hereby authorized to execute the Agreement. 41 BE IT FURTHER ORDAINED, that th~s Ordinance shall not be 42 in effect until such t~me as Br~an W. Bremenstul and Karen W. 43 Bremenstul and the City Manager or h~s authorized designee execute 44 the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, V~rglnla, on the 12th day of August , 1997. 47 CA-# 48 SBURNS\EB/BREMENSTUL. ORD 49 R-1 50 PREPARED: # ~D AS TO CONTENTS DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM P~PARED BY VIRGIN~ B~CH CITY ATTO~EY'S OFFICE EXEMPTED FROM ~CORDATIOt T~ES ~DER SECTION 58.1-811{a) (3) MD 58.1-811(c) (4) ~I~URSE~NT AUTHORIZED ~TDER SECTION 25-249 THIS AGREEMENT, made this /~ -~/day of J4f~ , 19 ~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, GRANTOR, party of the first part, BRIAN W. BREMENSTUL and KAREN W. BREMENSTUL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, GRANTEE, party of the second part. W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain four round piles for a boat lift in the City of Virginia Beach; and WHEREAS, in constructing and maintaining four round piles for a boat lift, it is necessary that the said party of the second part encroach into a portion of an existing City 40' drainage and canal easement, further shown as Chelsea Canal; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such round piles for a boat lift within a portion of the C~ty's 40' drainage and canal easement. NOW, THEREFORE, for and ~n 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 first part doth grant to the party of the second part a temporary encroachment to use a portion of the City's 40' drainage and canal easement for the purpose of constructing and maintaining such round piles for a boat lift. 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 iocat~on and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's 40' drainage and canal easement described as "PROPOSED BOAT LIFT IN: CHELSEA CANAL AT: 1847 DUKE OF YORK QY. VIRGINIA BEACH, VA 23454 APPLICATION BY: BRIAN W. BREMENSTUL SHEET: 1 OF 2. 12 MAY 97", a copy of which ~s attached hereto as Exhibit "A" and to which reference is made for a more partmcular descrmptlon. It is further expressly understood and agreed that the temporary encroachment herein authorized shall termmnate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice ~s given, such temporary encroachment shall be removed from the City's 40' drainage and canal 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 aha 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 ~s further expressly understood and agreed that nothing here~n 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 here~n, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly un~rs~d,and agreed that the Development Services Center prior~"~~~to~~e~k~ng any construction wlthln the C~ty's 40' drainage and canal easement. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such port.on of the City's right-of-way encroached upon the equivalent of what would be the real properEy tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the C~ty shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment · s 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, Brlan W. Bremenstul and Karen W. Bremenstul, husband and wife, the said party of the second part, has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of V~rg~nia Beach has caused this Agreement to be executed in its name and on its senalf by its City Manager and its seal be hereunto affixed and a~ested by its City Clerk. CITY OF VIRGINIA BEACH ATTEST: City Clerk By City Manager/Authorized Designee of the City Manager Brman W. e BY ~.~4... APPROVED AS TO LEGAL SUFFICIENCY STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wzt: I, , a Notary Publzc in and for the City and State aforesaid, do hereby certify that , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER, whose name is signed to the foregoing Agreemenn bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand th~s day of , 19 . Notary Public My Commission Exp:res: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: If , a Notary Public · n and for the C~ty and State aforesaid, do hereby certify tha~ RUTH HODGES SMITH, Cmty Clerk for the CITY OF VIRGINIA BEACH, whose name zs s~gned to the foregoing Agreement bearing date on the day of , 19 , has acknowledged the same before me in my City and State aforesaid. 19 GIVEN under my hand this day of , My Commisszon Expires: Notary Public STATE OF VIRGINIA CiTY OF VIRGINIA BEACH, to-wit' I, ~},~l {0, ~,;~,.~/,\ a Notary Public in and for the City and State aforesaid, do hereby certify that Brian W. Bremenstul and Karen W. Bremenstul , whose names are signed to the foregoing writing, bearmng date the /Oh day of ~ , '~.:~ , 19 ~7, has acknowledged tke same before me ~n my C~ty and State aforesaid. Given under my hand thzs /~ ~ day of , My Commission Expzres- ~;Z. c~{ /7,fy Notary Public LOC~TION MAP SCALE: 1" ~ 2640' / / \ \ \ \ \ \ SITE I I I LOCATION MAP FOR ENCROACHMENT AT 1847 DUKE OF YORK QUAY PREPARED BY P/W ENG. DRAFT. (DONQ.DGN) 18-JUL-1997 CHELSEA CANAL -<-- EBB'p_ FLOOD--~'- 23 I NOTES. 63 ® PROPOS~ 62,8 Ex,sT BOA T LFT , PEn ~' og' ,HATC~D, ~~ I PARCELS 59A THRU 66A INCLUSIVE ARE A VARIABLE WIDTH CROSS-RECIPROCAL INGRESS/ EGRESS EASEMENT HEREBY GRANTED AMONG LOTS 18 THRU ,32 INCLUSIVE IN BROAD BAY POINT PHASE I AND LOTS 5g THRU 66 INCLUSIVE IN CHELSEA lib 96 PG. 5 FOR THE USE OF:: WATERBORNE TRAFFIC 2. PARCELS 59A THRU 66A INCLUSIVE ARE A VARIABLE WIDTH DRAINAGE EASEMENT HEREBY DEDICATED TO THE CITY OF VIRGINIA BEACH. VA AND ~S TALLED ARGE. INSTALL LIFT AS PER tiANUFA C TURER'S SPEC~ICA TIONS. SCALE: I' - 40' PURPOSE' BOA TING ACCESS DATUM: NVGD. MSL. O0 ADJACENT PROPERTY OWNERS L PAUL J. EPPERL Y 2. MARLIN L. HF_.FTI $ JOHN L. ALADJ 4 BARBARA C KLEDZIK DuKE OF yORK oUAY "EXHIBIT A" WATERFRONT CONSULTING. INC. 4698 HANOVER COURT VIRGINIA BEACH. VA 2,3464 PH/FAX (757) 495-8566 PLAN VIEW LAT' N.~, °..~.,~.-/' LONG /M 7~° o5.~.' PROPOSED BOAT LIFT IN CHELSEA CANAL AT: 1847 DUKE OF YORK OY VIRGINIA BEACN. VA 23454 APPLICATiON B Y BRIAN W BREHENS TUL SHEET' I OF 2. 12 HAY 97 -27- =Item V-I. 4. c. ORDINANCES ITEM # 42479 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Council ADOPTED: Ordmance to authorize temporary encroachment tnto a poraon of the Ctty's drainage and utdtty easements and rtght-of-way and by ALBERT J. and CHRISTINE J. CLA US re constructing and mamtammg a rtp- rap revetment at 2276 Widgeon Lane (PRINCESS ANNE BOROUGH) The following conditions shall be reqmred. The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtma and the Ctty of Virgima Beach and in accordance wtth the Ctty of Vtrgtma Beach Pubhc Works Department's spec~cations and approval as to stze, ahgnment and locaaon The temporary encroachment shall termmate upon notice by the City of Vtrgmta Beach to the apphcant and, wtthtn thirty (30) days after such notwe ts gtven, such temporary encroachment shall be removed from the Ctty's rtght-of-way known as Wtdgeon Lane and also from the existmg 30' drainage easement, the 20' dramage easement and the 3' & 5' drmnage and uahty easement by the apphcants and the applicants shall bear all costs and expenses of removal. The apphcants shall tndemmf-y and hold harmless the Ctty of Virgtnta Beach, its agents and employees from and against all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locaaon or extstence of such temporary encroachment No permtsston or authortty ts given to the apphcants to permtt the maintenance or constructton of any encroachment other than that specified heretn and to the hmtted extent specified herein, nor to permtt the matntenance and constructton of any encroachment by any one other than the apphcants 5. The apphcants agree to maintatn the temporary encroachment so as not to become unstghtly or a hazard 6 The apphcants must submit and have approved a traffic control plan before commenctng work tn the Ctty's rtght-of-way The apphcants agree that no open cut of the pubhc roadway shall be allowed except under extreme ctrcumstances. Such excepttons shall be submttted to the Htghway Dtvtsion, Department of Pubhc Works, for final approval The apphcants must obtain a permtt from the Development Servtces Center prtor to commenctng any constructton wtthtn the Ctty's rtght-of-way The applicants agree that prior to issuance of a Highway permtt, they must post a Performance Bond tn an amount based on the engtneer's cost esamate August 12, 1997 - 28 - Item VJ. 4. C. ORDINANCES ITEM # 42479 (Continued) 10 11. The apphcants must obtatn a permit from either the Development Services Center or Waterfront Operations, whtchever ts apphcable, prior to commencing any constructtng wtthtn the Ctty's dratnage easement. The City, upon revocatton of such authority and permission so granted, may remove any such temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any manner provtded by law for the collectton of local or state taxes; may require the apphcant to remove such temporary encroachment, and, pending such removal, the City may charge the apphcant for the use of such portton of the Ctty's easement and waterway encroached upon the equivalent of what would be the real property tax upon the land so occupted tf it were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day that such temporary encroachments are allowed to conttnue thereafter, and shall collect such compensatton and penalttes tn any manner provtded by law for the collectton of local or state taxes. Voting 11-0 (By ConsenO Council Members Vottng Aye. John A Baum, Ltnwood 0 Branch, III, Wilham W Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorfl, Nancy K Parker and Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Council Members Vottng Nay None Counctl Members Absent None August 12, 1997 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENT INTO A PORTION OF THE RIGHT-OF-WAY OF WIDGEON LANE, AND ALSO INTO A PORTION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS ADJACENT THERETO, BY ALBERT J. CLAUS AND CHRISTINE J. CLAUS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, Albert J. Claus and Christine J. Claus, desire to construct and maintain a rip-rap revetment into the Cmty's right-of-way, and also into the C~ty's drainage and utility easements, located at 2276 Widgeon Lane. WHEREAS, City Council is authormzed pursuant to ~§ 15.1- 316 and 15.1-893, Code of Vlrginma, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way and easements subject to such terms and condmtmons as Councml may prescrmbe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the exterLt thereof contained in §§ 15.1-316 and 15.1-893, Code of V~rg~nla, 1950, as amended Albert J. Claus and Christine J. Claus, their he~rs, assigns and successors ~n title is authorized to construct and maintain a temporary encroachment for a rip-rap revetment in the C~ty's r~ght-of-way and easements as shown on the map entitled- "SITE PLAN FOR PROPOSED RIPRAP REVETMENT IN CITY DRAINAGE AND UTILITY EASEMENT AND CITY RIGHT-OF-WAY WIDGEON LANE FOR ALBERT CLAUS AND CHRISTINE CORBETT LOT 80A, SECTION 3, SANDBRIDGE BEACH M.B. 222, P. 17 VIRGINIA BEACH, VA PRINCESS ANNE BOROUGH", Scale : 1= 40' Dated December 21, , , 1996 and prepared by Waterfront Consulting, Inc., a copy of which ~s on file in the Department of 35 Public Works and to which reference is made for a more particular 36 37 38 39 40 41 42 43 44 45 46 47 48 49 description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Albert J. Claus and Christine J. Claus, (the "Agreement") which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Albert J. Claus and Christine J. Claus and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of August , 1997. 5O 51 52 53 CA-# ~/7/~ PWALDO\ KENNEDY ~ CLAUS. ORD R-1 PREPARED: 6/16/97 PROVED AS TO CONTENT8 S T ONA TUR~ DEPARTMENT APPROVED AS TO LEC, AL SUFFICIENCY AND FORM EXEMPTED FROM RECORDATION TAXES ; · UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) ~ REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE THIS AGREEMENT, made this ~-~3 day of 19 c~ , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ALBERT J. CLAUS and CHRISTINE J. CLAUS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). W I T N E S S E T H: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a rip-rap revetment in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such rip-rap revetment, it is necessary that the said party of the second part encroach into a portion of an existing City right-of-way known as Widgeon Lane and also into portions of an existing 30' drainage easement, a 20' drainage easement and a 3' & 5' drainage and utility easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such rip-rap revetment within a portion of the City's right-of-way known as Widgeon Lane and also into portions of an existing 30' drainage easement, a 20' drainage easement and a 3' & 5' drainage and utility easement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party GPIN 2424 95 6042 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 right-of-way known as Widgeon Lane and also to use portions of an existing 30' drainage easement, a 20' drainage easement and a 3' & 5' drainage and utility easement for the purpose of constructing and maintaining such rip-rap revetment. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's right-of-way known as Widgeon Lane and also into portions of an existing 30' drainage easement, a 20' drainage easement and a 3' & 5' drainage & utility easement described as Proposed Encroachment and shown as a hatched area on that certain plat entitled: "SITE PLAN FOR PROPOSED RIPRAP REVETMENT IN CITY DRAINAGE AND UTILITY EASEMENT AND CITY RIGHT-OF-WAY WIDGEON LANE FOR ALBERT CLAUS AND CHRISTINE CORBETT LOT 80A, SECTION 3, SANDBRIDGE BEACH M.B. 222, P. 17 VIRGINIA BEACH, VA PRINCESS ANNE BOROUGH," dated December 21, 1996 and prepared by Waterfront Consulting, 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's right-of-way known as Widgeon Lane and also from the existing 30' drainage easement, the 20' drainage easement and the 3' & 5' drainage & utility 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 encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must submit and have approved a traffic control plan before commencing work in the City's right-of-way. It is further expressly understood and agreed that the party of the second part agrees that no open cut of the public roadway shall be allowed except under extreme circumstances. Such exceptions shall be submitted to the Highway Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the party of the second part must obtain a permit from the Development Services Center prior to commencing any construction within the City's right-of-way. It is further expressly understood and agreed that prior to issuance of a Highway permit, the party of the second part must post a Performance Bond in an amount based on the engineer's cost estimate. It is further expressly understood and agreed that the party of the second part mumt o~min & perm~ f~om e~her the Development Services Center or Waterfront Operations, whichever is applicable, prior to commencing any construction within the City's drainage easement. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the party of the second part compensation for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the party of the second part; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ALBERT J. CLAUS and CHRISTINE J. CLAUS, husband and wife, the said party of the second part has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City City Clerk Albert J. ~laus (SEAL) Christ'ine J. iaus 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 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~_ day of ~~ , 196~7 , by Albert J. Claus and Christine J. Claus, husband and wife. ta~-y~Ubl ic My Commission Expires: APPROVED AS TO LEGAL SUFFICIENCY /- J SCALE: 1"" 2640' - SUNFISN · LOCATION MAP SHOWING PROPOSED ENCROACHMENT INTO CITY R/W AND _~T-'q.,~ DRAINAGE & UTILITY EASEMENT AT ':t ]'~\51 2276 WIDGEON LANE FOR ALBERT CLAUS AND CHRISTINE CLAUS PREPARED BY P/W ENG. DRAFT. 16-JUN--1997 uj Z go CANAL 30' DRAINAGE EASEHENT (MB 45 P S IO'48' E 80.00' A FENCE A POST(FI & 5 DRAINAGE UTILITY EASEHENT (HI3 45 P 1,31 81 040' 80A ! PM(FI NAILISI 10'48' WIDGEON LANE (50' R/WJ 91 R- 450' - -- L - 70.69 .... 24.0g' R- 40.0' L - 16148' PROPOSED ENCROA CI. I~N T 20' DRAINAGE EASEMENT IHB 4§ P. GRAVEL BOA TRAHP 7g PINIFI & 5' DRAINAGE UTILITY EASEMENT IPI8 45 P NOTE: PROJI:::CT IS LOCA TED IN A CANAL THAT IS TRIBUTARY TO LAKE TECUPISEH. PIN(FI BANK LIVE & O H.~. ~R- 450' L - 70 N/F UNITED STATES OF AMERICA PROPOSED RIPRAP SECTION A-A DECEMBER 21. Ig96 WA TERFRONT CONSULTING. /NC. 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PH/FAX: (757J 495-8566 SITE PLAN FOR PROPOSED RIPRAP REVETHENT IN CITY DRAINAGE AND UTILITY EASEMENT AND CITY RIGHT-OF-WAY. W/DGEON LANE FOR ALBERT CLAUS AND CHRISTINE CORBETT LOT 80A. SECTION ~. SANDBRIDGE BEACH NB 222 P 17 VIRGINIA BEACH. VA PRINCESS ANNE BOROUGH I - 29 - Item V-K.$ ORDINANCES ITEM # 42480 Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordmance to authortze a License Refund of $40,177.83. Vottng 10-0 (By ConsenO Council Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Wtlltam W Harrtson, Jr, HaroM Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndo~ Nancy K Parker and Vtce Mayor Wtlham D. Sessoms, Jr Counctl Members Vottng Nay None Council Members Absent Loutsa M Strayhorn August 12, 1997 FO~IM NO (; A 8 REV 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 cerbflcation of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL The Vacation Store, Inc T/A The Vacation Store 5501 Greenwich Road S-200 Wrg~n~a Beach VA 23462 1994-97 Audit 40,177 83 4O, 177 83 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $40,177 83 of the C~ty of V~rg~n~a Beach on the Cerbfled as to Payment ~...~bert P Vaughan ~ CommissIoner of the Revenue Approved as to form C~ty Attorney were approved by the Council day of ,19 Ruth Hodges Smith City Clerk - 30- Item V-K. PUBLIC HEARING ITEM # 42481 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on PLANNING 1. VIRGINIA BEA CH MARLIN CLUB, INC. AND WALTER CASON BARCO STREET CLOSURE 2. ALICE ROSE VA UGHAN NONCONFORMING USE 3. JERRY SPIKER VARIANCE 4. COURTHOUSE BAPTIST CHURCH CONDITIONAL USE PERMIT 5. EMMANUEL LUTHERAN CHURCH CONDITIONAL USE PERMIT 6. NICHOLAS AND VICKIRUSSO T/A NICHOLAS VICTORIA HAIR STUDIO CHANGE OF ZONING 7. GRAY LUMBER CO., A VIRGINIA CORPORATION, GRA YLAND COMPANY, L.P., NA TIONSBANK, N.A. AND ELMON T. GRAY CHANGE OF ZONING 8. LINKHORN BAY ASSOCIATES, L.L.C., A VIRGINIA LIMITED LIABILITY CO. CHANGES OF ZONING 9. CITY OF VIRGINIA BEACH, DEPARTMENT OF ECONOMIC DEVELOPMENT CHANGE OF ZONING AND CONDITIONAL USE PERMIT August 12, 1997 - 31 - Item V-J. PUBLIC HEARING ITEM it 42482 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Council APPROVED in one motion Items 1, 2, 5, 6, and 8 of the PLANNING BY CONSENT Item V-J I was AUTHORIZED for an ADDITIONAL 180-DAY DEFERRAL (February 10, 1998) Item V-J 8. was A UTHORIZED for WITHDRAWAL Vottng' 11-0 Counctl Members Vottng Aye' John A Baum, Ltnwood 0 Branch, III, Wilham W. Harrtson, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wilham D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay. None Counctl Members Absent None August 12, 1997 - 32 - Item V-d. 1. PUBLIC HEARING ITEM # 42483 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, City Council AUTHORIZED an ADDITIONAL 180 DAY DEFERRAL UNTIL CITY COUNCIL MEETING OF February 10, 1998 the Petttton of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the dtsconttnuance, closure and abandonment of thefollowtngparcels (VIRGINIA BEACH BOROUGH) Parcel 1 Portton of Greensboro Avenue begtnmng at the Northwest tntersectton of Greensboro Avenue and Mechterranean Avenue, running a &stance of forty-etght (48)feet along the Northern property hne (Southern boundary of Block 30, Shadow Lawn Heights) and runntng tn a Southeasterly dtrectton to the Southwest tntersectton of Greensboro Avenue and Me&terranean Avenue, contatntng 1, 32 7 square feet. Parcel 2 Portion of Mechterranean Avenue, runntng a &stance of forty- one (41)feet along the Eastern property hne (Western boundary of Lot 1, Block 18, Shadow Lawn Hetghts) and running tn a Northwesterly directton to the Southwest tntersectton of Greensboro Avenue and Medtterranean Avenue, contatntng 1,547 square feet Voting 11-0 (By ConsenO Counctl Members Vottng Aye John A. Baum, Ltnwood 0 Branch, III, Wtlliam W Harrison, Jr, Harold Heischober, Barbara M Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdliam D Sessoms, Jr and Louisa M Strayhorn Councd Members Voting Nay: None Counctl Members Absent None August 12, 1997 33- Item V-J. 2. PUBLIC HEARING ITEM # 42484 PLANNING Upon motton by Counctlman Sessoms, seconded by Councilman Branch, Ctty Counctl ADOPTED the AppHcatton of ALICE ROSE VA UGHANfor an enlargement of a nonconforming use Or&nance upon apphcatton of Ahce Rose Vaughan for an expanston of a non-conforming use on property located at the southwestern extremity of Ridge Road Said parcel contains 1 82 acres VIRGINIA BEACH BOROUGH Resolution authoriztng the expanston of a nonconformmg use on property located at 106 Rtdge Road, tn the Borough of Lynnhaven Vottng: 11-0 (By ConsenO Councd Members Vottng Aye: John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay: None Councd Members Absent' None August 12, 1997 A RESOLUTION AUTHORIZING THE EXPANSION OF A NONCONFORMING USE ON PROPERTY LOCATED AT 106 RIDGE ROAD, IN THE BOROUGH OF LYNNHAVEN WHEREAS, Alice Rose Vaughan (hereinafter the "Applicant") 6 has made application to the City Council for authorization to 7 expand a one story cottage situated on a certain lot or parcel of 8 land having the address of 106 Ridge Road, in the R-40 Residential District, by adding a 929 square foot addition and an 87 square 10 foot deck; and WHEREAS, such lot contains both the subject cottage, 12 which constitutes a single-family dwelling under the definition 13 thereof set forth in the City Zoning Ordinance, and a principal 14 single-family dwelling; and 15 WHEREAS, the existing cottage is a nonconforming use, in 16 that the City Zoning Ordinance allows only one single-family 17 dwelling to be on a residential lot; and 18 WHEREAS, pursuant to Section 105 of the City Zoning 19 Ordinance, the expansion of the cottage would be unlawful in the absence of a resolution of the City Council authorizing such 21 expansion upon a finding that the proposed use, as expanded, will 22 be equally appropriate or more appropriate to the zoning district 23 than is the existing use; 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 5 OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed cottage, as expanded, will be equally appropriate to the R-40 esidential District as is the existing establishment. 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA: That the proposed expansion of the subject cottage, as 32 proposed by the Applicant, be, and hereby is, authorized, upon the 33 following condition: 34 1. 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PUBLIC HEARING ITEM ii 42488 PLANNING Upon moaon by Vice Mayor Sessoms, seconded by Councilman Branch, City Counctl ADOPTED an Or&nance upon appltcatton of NICHOLAS and VICKI R USSO t/a NICHOLAS VICTORIA HAIR STUDIO for a Condttional Change of Zomng Dtstrtct Classtficatton' ORDINANCE UPON APPLICATION OF NICHOLAS & VICKI R USSO T/A NICHOLAS VICTORIA HAIR STUDIO FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Z08971083 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, Orchnance upon apphcatton of Nicholas & Vtcla Russo t/a Ntcholas Vtctorta Hatr Stucho for a Change of Zonmg Dtstrtct Classtficatton from 0-2 Office Dtstrtct to Condtttonal B-1 Neighborhood Bustness District on the west stde of Old Great Neck Road, north of Kenstock Drtve The proposed zontng classtficatton change to Con&ttonal B-! ts for netghborhood bustness land use. The Comprehenstve Plan recommends use of this parcel for office use tn accordance wtth other plan pohctes Satd parcel ts located at 521 Old Great Neck Road, Suite 1, and contatns 1,008 square feet L YNNHA VEN BOROUGH VIRGINIA The followtng condition shall be required' 1. Agreement encompassing proffers shall be recorded wtth the Clerk of the Circutt Court and ts hereby made a part of the record Thts Or&nance shall be effective tn accordance wtth Sectton 107 09 of the Zomng Ordtnance Adopted by the Council of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twelfth of August Nmeteen Hundred and Ntnet¥-Seven Voting 11-0 (By Consent) Council Members Voting Aye' John A. Baum, Ltnwood 0 Branch, III, Wdliam W. Harrtson, Jr, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Loutsa M Strayhorn Council Members Voting Nay' None Councd Members Absent. None August 12, 1997 - 39- Item V-J. 7. PUBLIC HEARING ITEM # 42408 PLANNING Attorney R. J Nutter, 4425 Corporation Lane, Phone 519-3214, represented the applicant (Towne Place Suttes by MarrtotO Bonnte Ventsure, represented Marriott A motton was made by Councilman Jones, seconded by Vtce Mayor Sessoms to ADOPT an Ordinance upon Apphcation of GRAY LUMBER CO., a Virginia Corporation, GRAYLAND COMPANY, L.P., NA TIONSBANK, N.A. and ELMON T. GRA Y for a Conchttonal Change of Zomng Dtstrtct Classtficatton wtth Proffer #3 DELETED. Upon SUBSTITUTE MOTION by Councd Lady Henley, seconded by Counctl Lady Parker, Ctty Councd DEFERRED unttl the Ctty Counctl Session of August 26, 1997 an Ordinance upon Apphcatton of GRAY LUMBER CO., a Virginia Corporation, GRAYLAND COMPANY, L.P., NATIONSBANK, N.A. and ELMON T. GRAY for a Condtttonal Change of Zontng Dtstrtct Classtficatton The apphcant shall construct the budding as deptcted tn the rendering origtnally submttted (Colontal Destgn) ORDINANCE UPON APPLICATION OF GRAY LUMBER CO, A VA CORPORATION, GRAYLAND COMPANY, L P, NATIONSBANK, N A AND ELMO T GRAY FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Or&nance upon apphcatton of Gray Lumber Co, a VA Corporatton, Grayland Company, L P, NationsBank, N A. and Elmon T. Gray for a Change of Zoning Dtstrtct Classtficatton from 0-2 Office Dtstrict to Conchttonal H-1 Hotel Dtstrtct on the south stde of Cleveland Street, 350 feet more or less east of Newtown Road The proposed zonmg classification change to H-1 ts for hotel land use The Comprehensive Plan recommends use of thts parcel for bustness/research center use tn accordance wtth other plan pohcies Said parcel contatns 2.14 acres BA YSIDE BOROUGH Vottng' 11-0 Councd Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Wdham W Harrison, Jr, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Council Members Vottng Nay None Counctl Members Absent. None August 12, 1997 - 40 - Item V-J. 8. PUBLIC HEARING ITEM # 42489 PLANNING Upon motton by Vtce Mayor Sessoms, seconded by Councilman Branch, City Council ALLOWED WITHDRAWAL of an Ordtnance upon apphcatton of LINKHORN BAY ASSOCIATES, L.L.C., a Virginia Limited Liability Co., for Changes of Zomng Dtstrtct Classtfication ORDINANCE UPON APPLICATION OF LINKHORN BAY ASSOCIATES, L L C, A VIRGINIA LIMITED LIABILITY CO, FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION Ordinance upon applicatton of Ltnkhorn Bay Assoctates, L L C, a VA Ltmtted Ltabthty Co, for a Change of Zomng Dtstnct Class~ficanon from H-I Hotel District, B-I Neighborhood Business District, B-2 Community Busmess Dtstrict and R-40 Restdenttal Distrtct to A-24 Apartment Dtstrtct wtth a PD-H2 Overlay on the followmg parcels Parcel 1. From H-1 to A-24 with a PD-H2 Overlay located on the North stde of Laslan Road, West of Ortole Drtve Parcel 2 From B-1 to A-24 wtth a PD-H2 Overlay located 160feet more or less North of Laslan Road, West of Ortole Drive Parcel 3. From B-2 to A-24 wtth a PD-H2 Overlay located on the North stde of Laslan Road, West of Oriole Drive Parcel 4: From R-40 to A-24 wtth a PD-H2 Overlay located 150 feet more or less North of Laslan Road, West of Ortole Drtve Vo ttn g. 11-0 (By ConsenO Council Members Voting Aye John A Baum, Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, HaroM Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D Sessoms, Jr and Loutsa M Strayhorn Counctl Members Vottng Nay None Counctl Members Absent None August 12, 1997 - 41 - Item V-J. 9. PUBLIC HEARING ITEM # 42490 PLANNING Correspondence dated August 12, 1997, from Attorney Susan S Walker, requesttng DEFERRAL, ts hereby made a part of the record Carlo DiGtovanni, 208 South Ftr Avenue, Phone 340-4829, regtstered tn OPPOSITION. Upon motton by Councd Lady Strayhorn, seconded by Councdman Jones, Ctty Council DEFERRED two weeks until the City Council Session of August 26, 1997 Ordtnances upon apphcatton of THE CITY OF VIRGINIA BEA CH, DEPARTMENT OF ECONOMIC DEVELOPMENT for a Change of Zoning and Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FROM 0-2 AND 1-2 TO I-1 Ordinance upon apphcatton of the Ctty of Vtrgtma Beach, Department of Economtc Development for a Change of Zoning District Classtficatton from 0-2 Office Dtstrtct and 1-2 Heavy Industrtal Dtstrtct to I-1 Ltght Industrial Dtstrtct on certatn proeprty located at the northeast and northwest tntersecttons of Benchx Road and the Vtrgtnta Beach-Norfolk Expressway The proposed zontng classtficatton change to I-1 is for hght industrial land use The Comprehenstve Plan recommends use of thts parcel for pubhc, tnstttutional, government use tn accordance with other Plan pohctes Satd parcels contatn 1601 acres. KEMPSVILLE BOROUGH AND, ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH, DEPARTMENT OF ECONOMIC DEVELOPMENT FOR A CONDITIONAL USE PERMIT FOR A TELEVISION TRANSMISSION FA CILITY Ordtnance upon apphcatton of the Ctty of Vtrgtnta Beach, Department of Economtc Development for a Condtttonal Use Permtt for a televtston transmtsston facthty on certain property located at the northeast and northwest tntersecttons of Benchx Road and the Vtrgtnta Beach-Norfolk Expressway Satd parcels contatn 1601 acres KEMPSVILLE BOROUGH August 12, 1997 - 42 - Item V-& 9. PUBLIC HEARING ITEM # 42490 (Continued) PLANNING Vottng' 9-1 Councd Members Vottng Aye' John A. Baum, Ltnwood 0 Branch, III, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr. and Loutsa M. Strayhorn Council Members Vottng Nay None Counctl Members Absent Wtlham W Harrtson, Jr Councilman Harrison DISCLOSED he wouM ABSTAIN on this ttem as his law firm represents the Famdy Channel, however, he was absent August 12, 1997 - 43 - Item V-K. 1. APPPOINTMENTS ITEM # 42491 BY CONSENSUS, City Council RESCHEDULED: BOARD OF BUILDING CODE APPEALS DE VEL OPMENT AUTHORITY PARKS & RECREATION COMMISSION PUBLIC LIBRARY BOARD August 12, 1997 - 44 - Item V-K. 2. APPOINTMENTS ITEM ii 42492 Upon NOMINATION by Vtce Mayor Sessoms, City Council APPOINTED: Thomas A Felton, Jr Sharon L Fratm Manual A Htpol E. C. Jones Warren E Sachs Unexpired term thru 6/30/98 ARTS AND HUMANITIES COMMISSION Voting. 10-0 Councd Members Vottng Aye' John A. Baum, Linwood O. Branch, III, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor William D Sessoms, Jr. and Loutsa M Strayhorn Counctl Members Voting Nay None Counctl Members Absent Wtlham W Harrtson, Jr August 12, 1997 - 45 - Item ~-L. 1. RE CESS INTO EXECUTIVE SESSION ITEM # 42493 Mayor Meyera E Oberndorf, entertamed a motton to permtt City Councd to conduct tts EXECUTIVE SESSION, pursuant to Section 2 1-344, Code of V~rg~ma, as amended, for the following purpose PUBLICLY-HELD PROPERTY Dtscuss~on or consMerat~on of the con&tion, acqmstt~on, or use of real property for pubhc purpose, or of the disposttton of publicly-held property, or of plans for the future of an mst~tut~on whwh could affect the value of property owned or destrable for ownership by such mst~tut~on pursuant to Sectton 2 1-344(A)(3) Pnncess Anne Borough - 2parcels Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Strayhorn, Ctty Counctl voted to proceed tnto EXECUTIVE SESSION (4:52 P.M.). Vottng: 10-0 Councd Members Vottng Aye John A Baum, Ltnwood 0 Branch, III, Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Loutsa M Strayhorn Councd Members Vottng Nay None Council Members Absent Wdham W. Harrtson, Jr August 12, 1997 - 46- ITEM ii 42494 Councdman John Baum RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the City Counctl Conference Room, Ctty Hall Buddmg, on Tuesday, August 12, 1997, at 5.30 PM Voting' 7-0* Councd Members Present John A Baum, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S McClanan, Nancy K Parker and Louisa M Strayhorn Councd Members Absent Mayor Meyera E Oberndorf, Ltnwood 0 Branch, III, William W Harrison, Jr. and Vice Mayor Wdham D Sessoms *Verbal Vote Mayor Oberndorf tnvtted Councdman John Baum to prestde as she had to leave for a 6'00 P M Receptton August 12, 1997 - 47- Item V-M CER TIFICA TION OF EXECUTIVE SESSION ITEM ii 42495 Upon motion by Counctlman Hetschober, seconded by Councd Lady Strayhorn, Ctty Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public bustness matters lawfully exempted from Open Meeting requirements by Vtrgmta law were dtscussed tn Executtve Sesston to which thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motion convening the Executive Sesston were heard, discussed or constdered by Vtrgtnta Beach Ctty Council. Council Members Vottng Aye John A Baum, Harold Hetschober, Barbara M Henley, Louts R :[ones, Reba S McClanan, Nancy K Parker and Loutsa M Strayhorn Councd Members Vottng Nay: None Counctl Members Absent Mayor Meyera E Oberndorf Ltnwood 0 Branch, III, Harrtson, Jr and Vtce Mayor Wtlham D Sessoms Wdham W August 12, 1997 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 # 42493 Page No. 45 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 m conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certffies 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. l~utfi Hodges Snrri'th, CMC/AAE City Clerk August 12, 1997 - 48 - Itetn V-N. ~4DJO URNMENT ITEM # 42496 Councdman Baum DECLARED the Ctty Council Meeting ADJOURNED at 5'32 P M Beverly 0 Hooks, CMC/AAE Chtef Deputy Ctty Clerk John A Baum Counctl Member Ruth Hodges Smtth, CMC/AAE Ctty Clerk Meyera E Oberndorf Mayor Ctty of Vtrgima Beach Vtrgtnta August 12, 1997 - 48 - Item V-N. AD JO URNMENT ITEM # 42496 Counctlman Baum DECLARED the Ctty Councd Meettng ADJOURNED at 5'32 P M Beverly 0 Hooks, CMC/AAE Chief Deputy Ctty Clerk Ruth Hodges Smtth, CMC/AAE City Clerk Mayor Ctty of Vtrgtnta Beach Vtrgtnta August 12, 1997