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NOVEMBER 4, 1997 MINUTESCity o£ Virginia Beach "WORLD' LARGEST RESORT CffY CITY COUNCIL MAYOR MEYERA E OBERNDORF, At VICE MAYOR WILLJAM D ,SF_,S~OMS, IR, ]OLIN A BAUM, Bls. lin,am UNWOOD 0 BRANCH If! V~mm B~ach WILL/AM W HARRISON, IR, HAROLD HEISCHOBER, At La,ge BARBARA M HENLEY, P.~o LOUIS K ]ONF~, Bey~ REBA S McCLANAN, P..o.,. NANCY K PAREER, Az-La~ JAMES K SPORE. C,~y Menage, l_~_-?~JE L ULLEY, C~t:y RUTH HODGE$ CITY COUNCIL AGENDA 240! LOURTHOIJ~DRIVE VIRGINIA BF. ALll, VIRGJ~g00~ ~7571 427 4303 November 4, 1997 I. CITY MANAGER'S BRIEFINGS - Conference Room- 9:00 AM Ae Be WATER EMERGENCY ORDINANCE - PROPOSED AMENDMENT Clarence O. Warnstaff, Director, Public Utilities TAX INCREMENT FINANCING E. Dean Block, Director, Management Services H. COMPREHENSIVE PLAN HI. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL CONCERNS V. INFORMAL SESSION - Conference Room- 1:30 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTWE SESSION VI. FORI~ IAL SESSION - Council Chamber- 2:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: The Reverend J. D. Seward Pastor, Retired 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 October 28, 1997 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. RESOLUTIONS , Resolution to refer to the Planning Commission a proposed Amendment to Section 501 of the City Zoning Ordinance (CZO) re commuter or satellite parking. (Sponsored by Councilman William W. Harrison, Jr.) 2. Resolution to appoint Kamala Lannetti to the position of Assistant City Attorney. J. ORDINANCES Ordinance to AMEND the COMPREHENSIVE PLAN recommended and certified to the City Council by the Planning Commission on August 13, 1997. 2~ Ordinance to authorize the TRANSFER of $3,220 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re costs of water and sewer fees related to the construction of a Habitat for Humanity single-family dwelling. (Sponsored by Mayor Meyera E. Oberndor0 Ordinance to authorize a temporary encroachment into a portion of the right-of-way on Lake Joyce (4233 Battery Road) by Robert M. and Denise D. Clarke re constructing and maintaining a boat ramp and boat lift. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD HISTORICAL REVIEW BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA L. UNFINISHED BUSINESS M. NEW BUSINESS N, ADJOURNMENT November 18 November 25 CITY COUNCIL SCHEDULE Rescheduled from November 11 Informal Session (as regularly scheduled) Formal Session - 2:00 PM (Planning Items - 2:30 PM) - Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items - 6:30 PM) December 2 December 9 December 16 - Informal Session (as regularly scheduled) Formal Session - 2:00 PM Informal Session (as regularly scheduled) Formal Session - 2:00 PM (Planning Items - 2:30 PM) Reseheduled from December 23 Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items- 6:30 PM) If you are physlcall¥ disabled or vlsually /~npal=ed 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) 10/30/97.cmd AGENDA\l%-04-97 www. virginia-beach, va. us MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia November 4, 1997 Councilman John Baum called to order the CITY MANAGER'S BRIEFING in the Council Conference Room, City Hall Building, on November 4, 1997, at 9:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, Louis R. Jones, Reba S. McClanan and Nancy K. Parker Council Members Absent: Mayor Meyera E. Oberndorf [ENTERED: 9:05 A.M.] Vice Mayor William D. Sessoms, Jr. [ENTERED: 9:30 A.M.] William W Harrison [ENTERED: 9:15 A.M.] Barbara M. Henley [ENTERED: 9:04 A.M.] Louisa M. Strayhorn [ENTERED: 9:32 A.M.] -2- CITY MANAGER'S BRIEFINGS WATER EMERGENCY ORDINANCE ITEM # 42 780 Clarence O. Warnstaff, Director of Public Utilities, advised the Lake Gaston Project has been delivering water since August 20, 1997. However, the City is still in the process of testing the project It is not fully operational The plan is to have the project fully operational in November and completed in December. The City has on several occasions pumped a maximum hourly rate of 60 million gallons per day, not sustained for 24 hours, but only for a short period of time. Up to 30-MILLION gallons per day has been pumped over a 24 hourperiod. Mr. Warnstaffcited the related issue: STATUS OF NORFOLK WA TER SYSTEM IMPROVEMENTS .4. Moores Bridges Water Treatment Plan , 30 MGD expansion plus renovation of existing capacity to address more stringent regulatory requirements. Project is on schedule for Completion in April 1998 Treatment plant capacity might be stressed periodically during switch over to new systems between now and April 1998. B. Raw Water Transmission . Four projects in Suffolk New Western Branch Pump Station is the critical path project. It will take 24 months to constrict once notice to proceed is given Norfolk has bid and awarded pump station contract. Contractor is on hoM pending the re-issue of Suffolk CUP's. NORFOLK SYSTEM CAPA CITY A VAILABLE TO VIRGINIA BEACH A. 36 MGD (Equivalent annual average based upon a maximum month analysis). B. Capacity might be stressed periodically during some of the construction or during a severe drought. Stress would not be due to water shortage but due to inability to move water from western reservoirs to the water treatment plant and in-town lakes. Stress would occur during maximum month demands (July - September) Probability that dry weather will force City to reinstate water use restrictions in summer of 1998 or 1999 is about one in five. VIRGINIA BEACH WATER DEMAND A. Existing customer base, with water use restrictions in place: 1991-1997:32 MGD +/- Bo Estimated increase if water use restrictions are lifted: up TO 3 MGD (Estimate based upon reductions observed when WEO first enacted, actual increase could be less) Because water use restrictions primarily impact outdoor water use, increase is not expected to materialize until Spring 1998. November 4, 1997 -3- CITYMANAGER'S BRIEFINGS WA TER EMERGENCY ORDINANCE ITEM # 42780 (Continued) WA TER EMERGENCY ORDINANCE OPTIONS ~1. Option 1: Leave Ordinance in Place Not recommended because ordinance language becomes unworkable in the context ora completed Lake Gaston Project. B. Option 2: AMEND Water Emergency Ordinance C. Option 3: REPEAL Water Emergency Ordinance OPTION 2: AMEND WA TER EMERGENCY ORDINANCE ~4. Repeal Water Use Restrictions. B. Re-enact remainder of the Ordinance which prohibits new connections and extensions of the Water system except for the following: o . . Lots in subdivisions using groundwater where developer has installed water mains (2903 Lots, 0.6 MGD). Lots served by CIP Projects where the City has installed water mains-- includes neighborhood projects (1652 lots, 0.3 MGD). Lots adjacent to existing water mains (0.2 MGD). EXEMPTIONS - Hospitals, nursing homes -Schools, Public Utilities - Government Facilities (Including recreational projects) Lots not served by waterlines would have to use groundwater pursuant to existing regulations or wait to develop. Average annual water demand could increase to as much as 36 MGD 02 + 3 + 1 = 36) within next two years. Might require that the City adopt outdoor water use restrictions during the summer months if a major drought were to occur during 1998 or 1999 (probability about one in five). OPTION 3: REPEAL WATER EMERGENCY ORDINANCE A. No water use restrictions B. No Prohibition water connections. C. Water Demand increase wouM be equal to Option 2, above, plus additional demand by new connections. D. Average annual water demand could increase to more than 36 MGD within next two years. E. Risk of reinstating water use restrictions would be greater than Option 2, above. F. Norfolk might object to additional water demand. November 4, 1997 -4- CITY MANAGER'S BRIEFINGS WA TER EMERGENCY O~INANCE ITEM # 42 780 (Continued) WA TER EMERGENCY O~INANCE OPTIONS Mr. Warnstaff advised the Recommended Action is Option 2. The City will reevaluate the Water Emergency Ordinance and Water system status in Summer 1998 with respect to: water demand and status of Norfolk capacity improvements. The staff will return to City Council in Summer of 1998 with recommendation. CONVERSION OF EXISTING HOMES FROM WELLS TO PUBLIC WATER ~4. Number of homes to be connected. . Developer projects - approximately 1300 homes. CIP Projects - approximately 1000 homes by (1/98) B. Process for Connection. . 2. 3. 4. 5. 6. Flush water mains and test water. Notify homeowner of Water Main Release. Homeowner/Plumber pay utility fees (CIP Only) Public Utilities installs meter. Plumber disconnects well/connects house to meter. Permits & Inspections performs inspection. C. Prioritization for Connection Lots with poor well water quality. - approximately 700 homes - 30 days tofiush and release water main . CIP Areas - approximately 800 homes - 60 days toflush and release water mains Developer Project Areas - approximately 800 homes - 90 days toflush and release water mains D. No mandatory connection requirement. Mr. Warns, taff advised the part of the system which Norfolk must improve lies within the Corporate system of the City of Suffolk. Norfolk will be building a new Western Branch Pump Station which will entail approximately two years to construct. Norfolk is anticipating a Notice to Proceed to the contractor this month. Norfolk believes that 24 months after giving Notice to Proceed the project will be ready. In addition to the Pumping Station, there is a need of a fairly short segment new water transmission line. There will be another contract to replace some existing raw water transmission Hnes shown in "orange" on the overhead and a new underwater crossing of the Nansemond River depicted in "blue". Thus, there will be four (4) contracts. Mayor Oberndorf congratulated the Water Task Force and the City Staff for their excellent report. The City Manager distributed newspaper supplements to the Virginian-Pilot dated November 7, 1997, entitled "Lake Gaston Project- Turning The Tide - Water for our Future" There was no cost to the City for this special publication. This special publication was made possible by Michael Baker Corporation Engineering and Planning. Michael Baker Engineers was previously McGuire Associates and has been the Engineer of Record for the Gaston Project. The pipeline was completed 6 months earlier than anticipated. BY CONSENSUS, the Amendment to the Water Emergency Ordinance shall be SCHEDULED for the Ci~ Council Session of November 18, 1997. November 4, 1997 -5- CITY MANAGER'S BRIEFINGS TAX INCREMENT FINANCING 9:40A.M. ITEM # 42781 E. Dean Block, Director - Management Services, advised Tax Increment Financing is a financial technique designed to help stimulate positive economic activity within specific geographic boundaries. It is a method in which cities use the real property tax generated by a specific economic activity, project or program development within a designated geographic area (TIF district) to pay for public improvements associated with the development project. As the City has evolved, physical demographic and financial changes have led this City Council to seek new ways and means to attract new businesses, retain and expand existing businesses. As the City grows older, these efforts become more important if basic services are to be maintained. Competition among communities for jobs and investment is a reality in our world today. The City needs to be able to provide incentives and infrastructures in order to compete in that environment. Tax Increment Financing was originally authorized by Virginia Law (Code Section 58.1-3245). Since then, there have been several legislative changes. In 1994, at the request of City Council, additional changes were made with the assistance of Bond Counsel, Hunton and Williams. The phrase "Development Project Cost Commitment" was added to the definitions and several sections of the Code in order to clarify that revenues generated by a Tax Increment District could be used either to repay debt or to pay for projects on a pay-as- you-go basis. Secondly, a paragraph has been successfully added, which excludes Tax Increment Debt from the City's charter debt limit. Mr. Block referenced the various steps involved: Define "Development Project Area" MAP Draft Ordinance (District, Fund), advertise, adopt Calculate "Base Year Assessment" (B YA). "Freeze" Base Year Assessment. B YA x Tax Rate = Amount Paid Annually to General Fund Development Agreement Calculate "Current Assessed Value" (CA I0 each year CA V - B YA x Tax Rate = Tax Increment Increment must be used in District but "surplus" can go to General Fund. TIF debt or PA YGO. TIF debt not subject to Charter limits. Dissolve TIF when obligations paid. The General Fund receives the same amount of money as before the TIF was established, if the tax rate remains the same. Only the increase is used within the TIFDdistrict. There is no increase in tax rates. When all obligations that were a part of the program are completed, the TIF can be dissolved. There are 4 states with tax increment.financing laws. This has been used extensively in a number of places. The vast majority of the states deal only with the property tax. Mr. Block shall provide examples relative tax increment financing utilized in housing developments. This is not the predominate use or even a normal use. Case studies will be provided. Mr. Block cited a simplified example of TIF: ~4 business wishes to relocate, construct an office building, investing $10-MILLION and bringing in 70 new jobs. The business likes the particular parcel of City- owned land and requires assistance. November 4, 1997 -6- CITY MANAGER'S BRIEFINGS TAX INCREMENT FINANCING ITEM # 42781 (Continued) The City advised improvements could be made in this particular area. An agreement is coordinated with the developer The developer agrees to expend $10-MILLION on private investment with $900,000 advanced to the City. The Economic Development Director proposes $100,O00 from EDIP funds and City Council agrees to estabhsh a Tax Increment Financing District. The $900,000 received as advance from the developer is invested for improvements (underground electric, sidewalk and street turn lanes, landscaping and aesthetics). This parcel instead of being worth $0 is now worth $10-MILLION The City has agreed to repay the developer over 9 years with no interest. The benefits are: direct payment for land, 70 new jobs/related taxes (business license, etc.); all property taxes after 9 years; positive impact on surrounding land. Mr. Block cited the pros and cons of Tax Increment Financing: PROS I. Tool for job creation 2. Provides capital for infrastructure 3. No increase in tax rate 4. No impact on Charter Bonds 5. Project "Pays for itself" 6. General Fund continues to receive "base" taxes CONS 1. TIF Bonds, if sold, bear higher interest costs versus Charter Bonds; more vulnerable. 2. More complex; some administrative costs. 3. Opponents may claim "diverts" revenue 4. Too many TIF's can detract from General Obligation support. 5. Could be first City in Virginia to use. Mr. Block advised of other issues: If TIF Bonds are sold, must City "back" them? Technically, no; practically, yes. Does TIF deprive other programs of funds? First, not in Virginia, because the Commonwealth does not have other taxing jurisdictions. Second, "But for" the TIF, no new revenues produced anyway. Third, other taxes, jobs must be considered. Is TIF unfair subsidy to private development? Tax revenue to the General Fund increases. Tax revenue to the TIF Fund increases. How do rating agencies look at TIF Bonds? Look at project area, management, legal considerations and financial operations. November 4, 1997 -7- CITY MANAGER'S BRIEFINGS TAX INCREMENT FINANCING ITEM # 42781 (Continued) Mr. Block cited the Tax Increment Financing recommendation: Use TIF where it can contribute to Economic Development. Apply guidelines case-by-case: TIF district financial projections should be conservative. Continue to be aggressive in pursing development and redevelopment public/private opportunities Keep the TIF revenue stream ahead of public development costs. Analyze dollar amounts and timing of participation. Be confident that there is a clear need for public investment in order to facilitate the private improvements happening. Use TIF bonded debt only where clearly required. Most of the fiscal pitfalls of TIF essentially vanish if bonded debt is not incurred. Where debt is needed, insure adequate debt service coverage and long-term benefits. Use pay-as-you-go when possible and/or have developers "front" the eligible TIF expenditures and reimburse them as the increment is generated. Where possible, use TIF in conjunction with other techniques such as Special Tax Districts, EDIP, grants or other financing mechanisms. Be sure that the job and non-property tax benefits of the project are substantial. Strongly consider what would happen in the project area without TIF. Recognize the value of TIF in improving City Council flexibility and avoiding or addressing the threat of urban decline. Insure that TIF assisted development is consistent with the City's strategic goals. Mr Block will provide information of areas where the TIF has been successful and not successful Mr. Block will provide information relative the difference of increment bonds being less secure and require higher interest rates. Mr. Block distributed correspondence from Hunton & Williams relative Tax Increment Financing dated October 31, 1997, which is hereby made a part of the record. November 4, 1997 -8- COMPREHENSIVE PLAN 10. 35 A.M. ITEM # 42782 Council Lady Henley referenced her faxed correspondence of November 3, 1997, to Mayor and Members of Ctty Council regarding the Comprehensive Plan. Council Lady Henley believed the Agriculture Reserve Program to be a part of the Rural Preservation Plan and the entities need to be incorporated rather than designated as two separate items. Therefore, Council Lady Henley referenced the following requested revisions: Page 148, Line 6, second paragraph - Delete sentence: "It is removed from any influences of urbanization or suburbanization. " Page 148, Line 13, second paragraph - Change the word "will" to "should": "Given these factors, tt is logical to conclude that the Rural Service ~lrea ;~';!! should remain rural into the foreseeable future and, as such, it must rely on sound rural planning principles and effecttve economic strategies to help it retain its character and vitality." Page 149, Rural Planning Objectives, Section I - Delete the last sentence: "This Rural Preservation Plan offers property owners density bonuses for preservtng farmland and rural open space, thus fostering this objective." Page 149, Preserve the Rural Character, Section 2 - Delete the last sentence: "This plan encourages the use of conditional zoning to promote the development of minimum rural lot sizes (1 to 5 acres), the preservation of as much remaining rural open space as possible and combines lot area and soil quality, not road frontage, to determine density potential." Page 150, Protect Environmental Resources, Section 3 - Delete the last sentence: "This plan encourages the protection of special environmental resources, such as natural habitats and critical uplands, by offering somewhat higher densities within rural developments that avoid such areas." Page 150, Provide Reasonable Rural Development Opportunities, SeCtion 4 - AMEND the second sentence: "Property owners may choose to sell their development rights, or to develop their land either by-right, which yields a minimum density, or through a conditional use approach which may yield a higher rural density and advance comprehensive planning objectives designed to help save farmland and open space areas. November 4, 1997 -9- COMPREHENSIVE PLAN ITEM # 42 782 (Continued) Page 151: Move "Implementation" above "Agricultural Reserve Program". Under the Agricultural Reserve Program section, line 2 - Delete too"; line $ - Delete "also ". Paragraph now immediately under "Implementation" should be moved under "Rural Residential Guidelines"- AMENDED to read: "If the propers, owner elects not to enter the Agricultural Reserve Pro~ram. but instead elects to develov his or her vrovertv, the Comprehensive Plan seeks to achieve these objectives .... " There have been comments relative the Sandbridge Road Corridor study and apparently the early recommendation of the consultingfirm, Wiley & Wilson, for a four lane road to Sandbridge. Council Lady Henley could not see how this can be in compliance with the Comprehensive Plan's recommendation for growth in that area since the area is pretty well built out. Council Lady McClanan referenced correspondence dated October 16, 1997, from Wiley & Wilson, relative the Sandbridge Road Corridor Study. Council Lady McClanan distributed copies to Members of City Council. Said letter is hereby made a part of the record. Couacd Lady Henley expressed appreciation to Council Lady McClanan for addressing the Design Advisory Group. Council Lady Henley requested discussion concerning this proposal. Council Lady McClanan believed proposals relative the Design Advisory Group should be forwarded to the Planning Commission for their next meeting on November 12, 1997. Mayor Oberndorf believed issues should be discussed by City Council relative whether the Design Advisory Group would be mandatory, or voluntary, to preview certain applications. The responsibilities should be delineated, and whether or not this group would be a City Council Committee or contmue to be a Planning Commission Committee. Councdman Branch referenced Mrs. Savage's concerns relative the design guidelines for Shadowlawn. Mr. Scott advised these were voluntary guidelines determined by the Shadowlawn Civic League and they are not compulsory. Mayor Oberndorf advised the developed portion of the City has sufficient affordable housing and she is not going to vote for higher densities of affordable housing. Mayor Oberndorf referenced the numbers utilized in the theoretical build-out. Council Members Baum and Branch hope the numbers would be eliminated and believe the issues of aesthetics, transportation and schools would be addressed. Cour,cil Lady Strayhorn believes the Comprehensive Plan, when addressing numbers of housing, was to reference limitations. Council Lady Henley believes the challenge now is to make sure the "affordable housing" which was built so quickly, does not deteriorate. November 4, 1997 -I0- COMPREHENSIVE PLAN ITEM # 42782 (Continued) Vice Mayor Sessoms said the Redevelopment and Housing Authority is a controversial issue. Whatever tools are available must be found The key to the future success of the City ts that areas cannot be allowed to deteriorate Council Lady Strayhorn advised economic development, and not assisting in rehabilitation of affordable housing was discussed previously with relation to the Redevelopment and Housing Authority. Council Lady McClanan advised some of those areas might be better utilized in other zoning categories. Some areas would serve the City better tf zoned commercial. Some possible examples are along Interstate 44, adjacent to developed roads. Everyone who resides tn a home under $75,000 views themselves as a potenttal target Mayor Oberndorf believes the City Council needs to be cognizant that many developments which were constructed in the 1980's were not meant to last longer than 20 years. Councilman Jones advised the biggest concerns expressed at a meeting of a Civic League with the Comprehensive Plan was the increase in density in the northern part of City. Mr. Scott advised the Comprehensive Plan is a "policy" document and the numbers involved were not targets. The staff has been constantly asked the "build-out" number and, therefore, felt an obligation to respond. This document says the City ts going to try to retain open space in the northern part of the City, achieve quality, et cetera. In certain facets i.e water supply plan, the City must have a sense of number. Council Lady Parker requested with the present zoning that is available in some of the vacant areas in the northern part of the City, what could be the additional population attainable with the present zoning. Mr. Scott advised slightly over 500,000. However, this is not a figure for which to strive. The zoning map established by the City Councd in 1965 governs the Councd's handling of today's problems. Innovative tools should be utilized for a better picture of the future. Council Lady Strayhorn said maintaining the quality of life is very difficult when citizens do not wish taxes to rise. Assessments of houses has been stea&ly increasing because the value of the property is high. Councilman Heischober believes residents of Aragona Village, Princess Anne Plaza, etc. believe this City Councd had addressed satisfactorily the rural preservation area and have concentrated on the Transttion area The restdents understand the rural preservation area and the transition area limtt growth. However, tt is noted that Vtrgtnia Beach will be a City of SO0, O00 residents by the turn of the Century. These residents are concerned where all of these people wtH reside. The residents do not believe the problem in the northern part of the City has been as sufficiently addressed as in the southern part of the City. Mayor Oberndorf referenced the correspondence of Council Lady Parker dated October 28, 1997, relative several issues for review or discussion of the Comprehensive Plan. Said letter is hereby made a part of the record Council Lady Parker referenced: Page 14-15: Why is the fishing placed under the Agriculture section when it appears to be talking about the commercial/deep-sea fishing. Why is it not under the Oceanfront section? Mr. Scott advised it was decided not to suggest a geographical base for fishing, since there is a great deal oriented toward Lynnhaven and Rudee Inlet. Therefore, this does not want to give the idea of favoring one area over the other. Council Lady Parker advised there is only one Transition Area. Council Lady Parker also referenced page 41 and the issue ora Housing and Redevelopment Authority presented as a City-wide tool for blight. The voters have said they are not comfortable wtth this concept. Pages 73-76 appear to be a repeat of the "transition" development example. Mr. Scott advised this example has been eliminated November 4, 1997 -I1- COMPREHENSIVE PLAN ITEM # 42 782 (Continued) Council Lady Parker referenced page 80 concerning multi, family being appropriate for this area.. Mr. Scott advised this was the General Booth Boulevard Corridor Plan, which the staff believed was agreed to by the neighbors. The last sentence on page 77.1, ovelfth sentence on page 80, last sentence on Page 81 under General Booth Boulevard and on page 82 continuing to the top of page 83 should be deleted: "All proposals submitted in accordance with this objective should be reviewed by the Planning Commission's Design Advisory Committee." Council Lady Parker stated, on page 138, reference is made to the Rudee Walk. This has the potential to greatly impact the adjacent neighborhood. She is not sure Section #7 recognizes this is a functioning neighborhood. Tom Pauls, Planner, advised the section is consistent with the Oceanfront Concept Plan. Council Lady Parker still has concerns as to the financial impacts the light rail will create for the City from Lynnhaven Mall to the densificatton of the areas along the path. On page 179, Council Lady Parker questioned the change from the Public Works Director to the Planning Director on development plans Mr. Scott advised the change is because the Planning Department is the department that handles all development review activity. Councilman Baum referenced a correction to Page 48 of the Comprehensive Plan Technical Report. A triple aestric should be by Blackwater an the statement on page 49: *** Thi~ section also provides fire-fighting services to that section of Currituck Count_. North Carolina. known as Gibbs Woods. through an tnter-jurisdictional a?eement between Vireinia Beach and Currituck County. Councilman Baum further referenced correction - Courthouse/Sandbridge Issues and Policies, page 76, Section 10 to read as follows: 10. recreational a ....~ ......... : ....: ..... ~i should be maintained in the portion ~f the Tr~itio~ Area east of West Neck Creek. These amendments shall be depicted in the Comprehensive Plan and presented to City Council during the Formal Session. Vice Mayor Sessoms requested the City Manager review the. 7 cents from the real estate tax which was to be utilized for purchase of open space and whether it is being utilized relative protection of open space If these funds could be freed up, $1.4-MILLION would be available on an annual basis for protection of some of this open space.. November 4, 1997 - 12- CITY COUNCIL CONCERNS ll.55AM. ITEM # 42 783 Mayor Oberndorf distributed correspondence from the City Manager and herself concerning a follow-up Retreat relative the Community Conversations meetings. It is proposed Tuesday, December 16, 1997, from 8:30 A.M. to 3:30 P.M. be utilized for a retreat. ITEM # 42 784 Mayor Oberndorf distributed information relative the Lake Gaston Dedication Ceremony. City Council is requested to come as a body since there are little or no parking spaces at the site. The Dedication is 10:30 A.M., Friday, November 7, 1997, at the Weir Aeration Structure, Isle of Wight County. Buses will depart from Greenbrier Mall at 9:00 A.M. or shuttle service from Windsor, Virginia, to site will begin at 9:45 A.M. ITEM # 42 785 Mayor Oberndorf referenced correspondence from Mr. Bartow (PaO Bridges concerning the billboards on Shore Drive, addressing questions of concern to City staff. ITEM # 42786 Mayor Oberndorf referenced the Public Hearing of the Comprehensive Plan and the suggestion by one speaker, Dan Baxter, for the creation of an Airport Advisory Commission. After resolution of the Comprehensive Plan, Mayor Oberndorf requested the formation of this Commission be considered. ITEM # 42787 Councilman Branch expressed concerns relative the new polling location at the Rescue Squad building on Virginia Beach Boulevard. There is not sufficient parking. A poll worker was out on the Boulevard directing traffic. Cars were backed up, as many as four vehicles. These problems did not exist at the Center for the Arts. The new leadership at the Center for the Arts wishes the polling location to return to their building. ITEM # 42 788 Vice Mayor Sessoms requested a Committee be formulated to devise names for the Boroughs, rather than numbers. Vice Mayor Sessoms and Council Lady Strayhorn and City Attorney Lilley shall comprise this Committee. ITEM # 42 789 Council Lady McClanan referenced the excellent PUBLIC HEARING of the Jet Ski Advisory Committee on October 29, 1997, at 6:30 P.M. The speakers were very sincerely motivated. November 4, 1997 -13- CITY COUNCIL CONCERNS ITEM # 42 790 Council Lady McClanan referenced the request of Denise LaVigne and Mr. and Mrs. Thom, Salem Lakes Residents, to be sponsored during the Formal Session to present a petition concerning the closure of the parla'ng lot on the western side of Recreation Drive servicing the youth soccer fields until such time as an earthen landscaped berm, not less than 4 feet in height is built on the City side of the drainage ditch. (Approved August 8, 1995, Application of Virginia Beach Soccer Joint Task Force.) The City Manager advised the site has been inspected. The applicant has until the end of November to install their landscaping. An inspection report will be distributed to City Council. Council Lady Strayhorn advised Mrs. La Vi#ne referenced Mr. Michael Barrett had made recommendations concerning improvements re landscaping. Mayor Oberndorf expressed appreciation to the City Manager and City staff as the gate was moved to block the whole parking area from being utilized at night, This item will be ADDED under UNFINISHED BUSINESS. ITEM # 42 791 Council Lady Strayhorn referenced telephone calls of concern relative relationship of the retirement center at CBN not paying taxes. Mayor Oberndorf said the improvements are not on prtvate property. The City Manager will put out a statement to the public. ITEM # 42 792 Council Lady Parker referenced the meeting concerning the Tidewater Community College/Virginia Beach City Public Schools Technical and Career Education Center. Drs. Jenney and Buchanan expressed appreciation to City Council for their consideration of this request. This is the first venture of this type in the State. ITEM # 42793 Council Lady Parker inquired relative the Thirty-first Street Property. Vice Mayor Sessoms advised this item will be discussed during the Executive Session. November 4, 1997 -14- ITEM # 42794 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, November 4, 1997, at 12.12 P.M. Council Members Present: John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None November 4, 1997 - 15- ITEM # 42 795 Mayor Meyera E Oberndorf, entertained a motion to permit City Councd to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the followtng purpose. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (I). To Ivit: Appointments - Boards and Commissions: Board of Building Code Appeals Chesapeake Bay Preservation Area Board Historical Review Board Semor Services of Southeastern Virginia STOP Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institutton pursuant to Section 2.1-344(A)(3). Acquisition/Disposition of Property- Lynnhaven Borough 31st Street LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1- 344(A)(7). To-Wit: M & G Associates v. City of Virginia Beach Carolyn Lincoln v. Ctty of Virginia Beach, et al Upon motion by V~ce Mayor Sessoms, seconded by Council Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, William IV. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor IVilliam D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 1997 -16- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL November 4, 1997 2:10 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 4, 1997, at 2:10 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: The Reverend J. D. Seward Pastor, Retired PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMF~RIC~4 Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed he would ABSTAIN on approval of Minutes due to his absence There were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 1, 1997, is hereby made a part of the record. November 4, 1997 -17- Item !v-t;, CERTIFICATION OF EXECUTIVE SESSION ITEM # 42 796 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council Voting: 11-0 Council Members Voting Aye: John A Baum, Ltnwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 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 # 42795, Page 15, 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, Co) 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. ~dges Smith, CMC/AAE City Clerk November 4, 1997 - 18- ~t~rn VI-F, 1. MINUTES ITEM # 42 79 7 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of October 28, 1997. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Councd Members Abstaintng: Vice Mayor William D. Sessoms, Jr. Council Members Absent: None Vice Mayor Sessoms ABSTAINED as he was not in attendance during the City Council Session of October 28, 1997. November 4, 1997 - 19- Item IV-G. I. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42 798 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION November 4, 1997 - 20 - Item IV-I. RES OL UTIONS/ORDINANCES ITEM It 42 799 Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED BY CONSENT in ONE MOTION Resolutions I and 2 and Ordinances 2 and 3. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 1997 - 21 - Item IV-I. 1. RES OL UTIONS/ORDINANCES ITEM # 42800 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED. Resolution to refer to the Planmng Commission a proposed Amendment to Section 501 of the City Zoning Ordinance (¢ZO) re commuter or satellite parking. (Sponsored by Councilman William W. Harrison, Jr.) Council Lady Parker referenced the proposed amendment would allow commuter or satellite parking as a conditional use in all residential zoning districts, but only when conducted in conjunction with one or more other conditional uses requiring at least 30 parking spaces Council Lady Parker referenced there is a parcel of property in the Shadowlawn area, which might be affected by this Resolution. Councilman Harrison advised this parcel of property could not fall within the jurisdiction of this Amendment as this particularpiece of property is not currently being used for parking with more than thirty spaces. Assistant City Attorney Macali advised Council Lady Parker concerns will be discussed thoroughly at the Planning Commission. Voting: I I-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 1997 REQUESTED BY COUNCILMAN WILLIAM W. HARRISON, JR. 10 11 12 13 14 15 16 A RESOLUTION REFERRING TO THE PIJ~NNING COMMISSION A PROPOSED AMENDMENT TO SECTION 501 OF THE CITY ZONING ORDINANCE, PERTAINING TO COMMUTER OR SATELLITE PARKING WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: There is hereby referred to the Planning Commission, for its consideration and recommendation, a proposed amendment to Section 501 of the City Zoning Ordinance, allowing commuter or satellite parking as a conditional use in certain circumstances in Residential Zoning Districts. A true copy of such proposed amendment is hereto attached. 17 18 Adopted by the City Council of the ~ity of Virginia Beach, Virginia, on the 4 day of November , 1997. 19 20 21 22 CA-97-6819 wmm~ ordres ~ satel 1 ire. res R-1 October 27, 1997 APPROVED AS TO CONTENT APPROVED AS TO LEGAL ! S CY- / / / 1 REQUESTED BY COUNCILMAN WILLIAM W. HARRISON, JR. AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY ALLOWING COMMUTER OR SATELLITE PARKING AS A CONDITIONAL USE IN RESIDENTIAL ZONING DISTRICTS SECTION AMENDED: CITY ZONING ORDINANCE SECTION 501 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 501 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Sec. 501. Use regul&tions. 11 (a) Principal and conditional uses. The following chart lists 12 those uses permitted within the R-40 through R-2.5 Residential 13 Districts. Those uses and structures in the respective residential 14 districts shall be permitted as either principal uses indicated by 15 a "P" or as conditional uses indicated by a "C." Uses and 16 structures indicated by an "X" shall be prohibited in the 17 respective districts. No uses or structures other than as specified 18 shall be permitted. 19 2 0 uses 21 22 .... Residential Districts R-40 R-30 R-20 R-15 R-10 R-7.5 R-SD R-$R R-SS R-2.5 23 24 25 26 27 28 29 Commuter or satellite parking when conducted in conjunction with another conditional use for which a minimum of thirty (30) parkina spaces is r~quired 30 COM~fENT 31 32 33 The proposed amendment would allow commuter or satellite parking as a conditional use in all residential zoning districts, but only when conducted in conjunction with one or more other conditional uses requiring at least 30 parking spaces. 34 35 36 this Adopted by the City Council of the City of Virginia Beach on day of 1997. 37 38 39 4O CA-6816 wmm/ordres/45- 501. Com R-1 October 27, 1997 APPROVED AS TO CONTENTS .- APPROVED AS TO LEGAL~~/ SUFFICIENCY~.~/ Department o~ L~w ( - 22 - Item IV-I.2. RES OL UTIONS/ORDINANCES ITEM # 42801 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED: Resolution to appoint Kamala Lannetti to the positron of Assistant City Attorney. Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Councd Members Voting Nay: None Council Members Absent: None November 4, 1997 A RESOLUTION APPOINTING KAMALA LANNETTI TO THE POSITION OF ASSISTANT CITY ATTORNEY 10 11 12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to § 2-166 of the Code of the City of Virginia Beach, Virginia, Kamala Lannetti is hereby appointed to the position of Assistant City Attorney, effective November 16, 1997. Adopted by the Council of the City of Virginia Beach, Virginia, on the 4 day of November, 1997. 13 14 15 16 17 18 19 20 CA-6822 ORDIN\NONCODE\LANNETTI. RES R-1 PREPARED: 10/29/97 APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney - 23 - Item IV-J. 1. RES OL UTIONS/ORDINANCES ITEM # 42802 Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED, AS REVISED: Ordinance to AMEND the COMPREHENSIVE PLAN dated 3 October 1997, as presented to City Council 4 November 1997 (Draft #4); and, with amendments encompassed in the 4 November 1997 Draft Discussion relative Council Lady McClanan's proposals relative the Design Advisory Group will be discussed during the City Council Session of November 18, 1997. Voting: I0-I Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Reba $. McClanan Council Members Absent: None November 4, 1997 AN ORDINANCE AMENDING AND ADOPTING THE COMPREHENSIVE PLAN OF THE CITY OF VIRGINIA BEACH 7 8 9 10 ll 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 WHEREAS, the purpose of the Comprehensive Plan is to guide and accomplish the coordinated, adjusted and harmonious development of the City which will, in accordance with present and probable future needs and resources, best promote the health, safety, morals, order, convenience, prosperity and general welfare of the City and its citizens; and WHEREAS, the Planning Commission, in concert with the Department of Planning, conducted numerous work sessions and an extensive outreach program in order to determine the needs and desires of the general public and business, environmental, military, agricultural, cultural and other groups; and WHEREAS, on August 13, 1997, the Planning Commission recommended and certified to the City Council a Comprehensive Plan amending the previous Comprehensive Plan adopted by the City Council on March 5, 1991, and thereafter revised on March 24, 1992, October 20, 1992, January 25, 1994 and June 28, 1994, in accordance with the requirements of Article 4 of Chapter 11 of Title 15.1 of the Code of Virginia; and WHEREAS, the City Council has thoroughly studied the Comprehensive Plan recommended and certified to it by the Planning Commission, and has actively and affirmatively sought and obtained the views of the citizens of the City; and WHEREAS, the City Council has held a public hearing on the proposed Comprehensive Plan, after having given due notice thereof pursuant to Section 15.1-431 of the Code of Virginia, as amended; and WHEREAS, the Comprehensive Plan presented to the City Council this day, bearing the date of October 3, 1997 and the revisions thereof dated November 4, 1997 amend the version of the Comprehensive Plan recommended and certified by the Planning Commission; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 6O 61 That it hereby adopts, as the Comprehensive Plan of the City of Virginia Beach, that certain document entitled "Comprehensive Plan, City of Virginia Beach," dated October 3, 1997, as amended by the aforementioned revisions bearing the date of November 4, 1997, which Comprehensive Plan and revisions were presented to the City Council this day. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That it hereby also adopts, as an integral part of the Comprehensive Plan, the Comprehensive Land Use Plan Map and Master Transportation Plan Map accompanying the aforesaid Comprehensive Plan. Adopted by the Council of/the City of Virginia Beach, Virginia, on this ~ day of ~/~V~~-- , 1997. CA-97-6823 wmm\ ordres \ compp lan. orn R-4 November 4, 1997 APPROVED AS TO CONTENT: Department of Planning APPROVED AS TO LEGAL Department of Law Com ouse /~al~~do~ Virginia Beach Comprehensive Plan 'u~~b~~~~g November 4,1997Draft t/4.1 Ill I Ill I limiting factor than the rural roads are the urban roads north of the Green Line that must collect and distribute traffic generated in the Transition Area. Seaboard Road and West Neck Road are actually more tolerant to minor additions to their traffic levels at this point than are Holland Road and Princess Anne Road. In short, the capacity of this area to handle future development is present but limited. It must be shared fairly among all opportunities in the Transition Area. Projects of high merit and low density should be favored. . Utility plans for the Transition Area Proposed Multi-purpose Stadium / should be developed with the above Lake Ridge (30,0oo seats shown) guidelines in mind, and on an areawide basis, rather than on a project by project basis. 10. --- ! .... z! ..... J --! ....~.L_,. _.-.,. _-~,.~.. rl'n .... -',.;--- A___ ~'_ --I:--:L1_ __ _: J__z.'_l _.1._._! ...... · aL:_ ,___,L"'I_'.& .L,,-._lJ L ..... l_._J 1_ ........ 1.._,t..'___ L ~.¢o~ra~hical extent _c.,-_ ,,,-,,-, · .__,: .... · · m u,~ mu as it at.,t.,,,,.o [u thc Tr/disitioii Area. The Agricultural Reserve Program should be maintained in the portion of the Transition Area east of West Neck Creek. SITE-S PLANNING ISSUES Ill ! . I General Booth Boulevard Corridor Area .General Booth Boulev road arterial serving the easternmost part of the Courthouse/Sandbridge Planrii'n~i_Area, north of the Green Line. Three distinctly different land use nodes exist along this arterial roadway: the Dam Neck Node; the Corporate Landing Office Industrial Park Area Node; and the Nimmo Church Node. The Comprehensive Plan states that potential land use changes along this corridor should Page 76 ] I I I Retail commercial uses may be suitable for the area along the General Booth Boulevard Corridor as shown in Map 1 if the development proposal or proposals strive to achieve the site and building design standards as presented below. Proposals which go beyond those standards should be given the highest consideration. Specific attention should be given to ensuring adequate buffering of these uses from the adjacent residential neighborhood and to utilizing the existing road stub from this neighborhood as a method of providing access from the neighborhood to the development, as described in the design standards. ~" .... '- -'--'-'-' ....: ..... -' '--' ' ' ' -- .~,, ~,,,,~,, proposals ~,,,,.,~,,,., bc ,,~,,,.,,~Ll ,.,,, thc Planning Con-~ission's all It l,,~L/l ,,,y NORTH COM - Retail Commercial ,/ MAP 1 Page 77.1 ! .~l~l~dOp' Virginia Beach Comprehensive Plan ~igg~[~gC0u~0u~ ,~ .u~,~~~(~l]~g November4,1997Draft#4.1 I II I ' I I II I Ill I I I I I I projects in this area to adjacent residential neighborhoods through the use of compatible site and building design and coordinated pedestrian and automobile circulation. Such integration should be carefully designed and include extensive buffering of proposed uses from surrounding residential areas, especially along the area adjacent to the south side of Gunn Hall Drive that borders the existing residential neighborhood. Every effort should be made during the site design of projects to coordinate site access with development that occurs on Area 'B' to provide for an internal circulation route that orients the majority of automobile traffic to Culver Lane. Ideally, primary access to this area from General Booth Boulevard should be at Culver Lane; in doing this, the need for traffic control signalization at Gunn Hall Drive should be significantly reduced or eliminated. ~ ~' ---'--:---~ ' ...... ~ --- ' by thc Plmnrllng Corc, rnlssion's Dcsi~,--i Advisory Conhx, ittcc. Area 'B' as indicated on Map 2 may be suitable for neighborhood office uses. Ideally, no development should occur on these parcels until all of the parcels have been consolidated into one or two large parcels. Access onto Culver Lane should be as far from General Booth Boulevard as possible. Access onto General Booth Boulevard should be limited to a right-turn in / right-mm out with no median break. / · Area 'C' as indicated on Map 2 is appropriate for single-family residential use as recommended by the Comprehensive Plan Map. Access to this parcel should be designed to match Rossini Drive. \ /Area 'D' is indicated on Map 2 is appropriate for single-family residential use as indicated on the C:,omprehensive Plan Land Use Map. Due to the proximity of y uses on all sides of this area, the use of Area'D' for any use other le-family,,could prove to be incompatible. Page 80 / ~an~do~ Virginia Beach Comprehensive Plan ~.~ '~~~~~l~fl{~tg November4,1997 Draft t/4.1 ] I I Neighborhood-oriented office use at a low floor area ratio may be suitable for the area of the General Booth Boulevard Corridor as shown on Map 3 if the development proposal or proposals strive ' ' to achieve the NO - Neighborhood Office site and building design standards as presented NORTH below. Proposals which go beyond those standards should be given the highest consideration. ff developed for '~- office use, access should be from the , \ adjacent .x~ ,. , commercial dpvelopment 'the south or from Corporate .LAan..ding through ,,~-m c-xl Bird ~use of a ' ,'~asement arrangement. ~UUIIIIILbLg III __x___j ....... -' ,t.L ~.L!- Page 81 I I I I I gan~I~{IP~ Virginia Beach Comprehensive Plan & '~'~~~~~~g November4,1997Draft t/4.1 I I ! I llll II Il II I II II II I I Neighborhood-oriented office uses or single-family residential use may be suitable for the area of the General Booth Boulevard Corridor as shown on Map 4 and as described below if the development proposal or proposals strive to achieve the site and building design standards as presented below. Proposals which go beyond those standards should be given the highest consideration. Projects should strive to integrate the development with adjacent residential neighborhoods through the use of compatible site and building design and coordinated pedestrian and automobile circulation. Particular atte~ion should be given to the'sensitive..design of projeet~ in this area to'ensure .~ . the h~stonc 'find of this cros~ effort should be made site d6~gn of projects ~lgsigns to provide General Booth B{ NO - l%ighbodmod SF - $?mgl¢-Famfly Realdcatial IqOR'Fll MAP 4 circulation route that limits access to one point on on Ferrell Parkway. The site on the of Ferrell Parkway and General Booth Boulevard should strive t~ preserve and integrate into the site design the old house on- the site (the Hickman House, an 18th Century tavern). ~ Page 82 I Virginia Beach Comprehensive Plan · ~'~~~~~~g November4,1997 Draft t/4.1 II I ~,~,, ~u,,~u,j ~u,n,,,,w~. As shown on Map 4, the potion of ~e p~cel on which the house is situated may be suitable for neighborhood office use, wi~h the house being used ~ ~ int~al p~ of the desi~. Although the Comprehensive Plan Map recommends use of the southeast comer of the intersection of General Booth Boulevard and Ferrell Parkway (proposed) for commercial, a good alternative use for this comer may be neighborhood office use along General Booth Boulevard and single-family residential use behind the office use, as shown on Map 4. If possible, any single-family development should attempt to tie into the single-family area to the east. If commercial development does occur on this comer, access should be limited to one point on Ferrell Parkway as far from its intersection with General Booth Boulevard as possible. The southwest comer of the intersection of General Booth Boulevard and Ferrell Parkway (proposed) may be suitable for neighborhood office uses. A floor area ratio of .25 should be strived for. Access to this area should be limited to one point on General Booth Boulevard, preferably at its intersection with Princess Anne Road, and one point on Ferrell Parkway (proposed), as far from General Booth Boulevard as possible. The internal circulation should be designed so as to discourage its use as a by-pass route around the General Booth Boulevard ! Ferrell Parkway intersection. n Standards for General Booth Boulevard ,/ Background / ~ Since effort is needed to possible. The best sound land use planning d,esign and aesthetics can go a is such a mixture of uses and design character, an a common element that can act to unify it as much as be utilized to unify the corridor brings together the use of design and aesthetic elements. Good toward helping define the character of any corridor. For example, the use ofta common landscaping theme throughout the Corridor would greatly assist in tying the disparate parts together. Page 83 GENERAL PLANNING ISSUES Preservation Plan The area south of Indian River Road from North Landing Road to Muddy Creek and Back Bay is a vast rural region of Virginia Beach and is designated the Rural Service Area. The land, wetland and water cover 138 square miles, close to half of the total area of the City. Of the 30,300 acres of land, approximately 20,000 is devoted to agriculture. Wetland and water cover about 48,700 acres and an additional 9,700 acres is federal and state owned property used for environmental conservation purposes. Only about 3,200 acres of land in this area is actually developed, comprised mostly of rural dwellings and a small amount of rural commercial uses. The basic rural character of the Rural Service Area is well established and has not changed very much over time. It is a place where there is a significant presence of existing agricultural and other rural-based economic activities. It would be highly impractical to extend public water and Ta. _'_ _' _ .L'"I.. .~ sewer lines to this area., l~ ~¢~i~o-~-¢d ~ .......... ~,,,.,.,,,....,.,,, or ~,~o~,, oo.,,,...L,,,,,. It contains large areas of exceptional environmental resources. Most of the area is comprised of Land Management soils. These are Somewhat Poorly, Poorly or Very Poorly drained soils, as defined in the 1985 issue of the U..S. Soil Survey for Virginia Beach, and are not suitable'for large ~;ubdivisions. Given these factors, it is logicaJ to conclude that the Rural Service Area ~-llshoufd re. main mi the foreseeable future and, as such,~'lt must ~ely on S, iral planni.ng principles and effecti:ve economic it retain its character and~,~,itality. Page 148 Pun§o / Rlsel wster Virginia Beach Comprehensive Plan Rural Planning Objectives It is the purpose of this Rural Preservation Plan to identify appropriate, fair and equitable rural planning policies for the Rural Service Area. To this end, the City seeks to achieve the following five planning objectives: Preserve the Opportunity for Continued Agricultural Production One of the key objectives of the Rural Preservation Plan is to provide opportunities for preserving agriculture. Our City's farmland, both north and south of the Green Line, has dwindled from about 51,000 acres in 1982 to roughly 39,000 acres in 1996. Approximately two- thirds of all farmland is now located within the Rural Service Area. In order to stop or reverse this downward trend, effective and affirmative agricultural preservation strategies must be put into place. Agricultural preservation is an important economic and land use issue. Hence, it is important for comprehensive planning strategies to do their part in reinforcing and promoting agriculture as much as possible. This Rural Preservation Plan O~l~%rs prop~y owncrs dc, nsit-y !~ ....... _t'. ......... -'-- -- t----l--- J --- J .... ! ......... ~L_._ t-_~.__I-- -- LL:_ _L:- Preserve the Rural Character The intent of the Rural Preservation Plan is just as the name implies - to preserve the rural way of life for the people who live there. However, the term "rural ch~acte. T" is ~oomewhat difficult to define because it conjures up a variety of images. In one sens'e,~it means very low residential density surrounded by large of open-space, farmland and wooded tracts served by long stretches of two 1~ roadways. small concentrations needs of a rather large less' hectic and more and fast-paced activities of the lifestyles of those who "urban"~ type roadways, public W~ occasional "villages" with names like Back Bay and Creeds with next to h few shops serving, in a limited way, the commercial area. In.another sense, rural character translates into a quieter, of life, one that is removed from the congestion, density some growth occurs, it does so without disrupting ive here and without forcing the need to bring in large lines and sprawling tract development. ~ Page 149 Pungo/ Rlae. lavater Virginia Beach Comprehensive Plan ~ g gU~ ~~~ "~~ ~ ~ ~ ~ g November 4,1997 Drafl #4.1 Protect Environmental Resources Well over half of the total area south of Indian River Road is comprised of water and tidal and non-tidal wetlands. Much of it is located in low-lying floodplain zones, publicly-owned environmental conservation areas, and areas consisting of poorly drained soils. These so called "Land Management Soils" are capable of handling only a very limited amount of new development. It is an important comprehensive planning objective to protect all of these valuable resources against inappropriate activities, especially overdevelopment. It is sound planning policy to orient rural residential development away from sensitive environmental resources to areas consisting of well drained soils and deeper water tables that are capable of handling septic systems. This, coupled with the objective of maintaining a reasonable overall level of rural development potential, establishes sound planning policy that balances the need for reasonable rural growth against its impact on the surrounding natural environmental. Thisi,'---' ......... encourages the Vl,,~,.,,,I, ,,, special ~ _.! ....... a._l .... 'L -- _ J L_. ,,.o, [.[. and --:"--' "-'-- - ~l~tlVm uFlanua, OJ offering sorncwha~ lll~ll~,,l UL.,II,..hlLIG,,..h WlI, IIIII lUll:II UL,,¥GIU~/IIIr~,,IIL;~ %110,1, gI,¥UIU ~UL.,II Provide Reasonable Rural Development Opportunities This Rural Preservation Plan affords reasonable rural residential development opportunities well beyond the 10 or 20 year horizon. Property owners may choose to sell their development rights, or to develop their land either by-right, which yields a minimum density, or through a conditional use approach which~ may yield a higher rural density and advance comprehensive planning objectives designed to help save farmland and open space areas. Rural development potential is based on land area~ahd s0il as opposed to lot frontage. ,> Defer Need for Urban i ~ The Rural Preservatii reasonable levels of rural residential develbpment to continue for ~and, during this period, ensures that demand placed on public rain at or below what is deemed acceptable for rural communities. For example, throughout the 1980's and 1990's, the average rate of development in this area has 'been around 30 dwelling units per year. At'this level of rural growth, it will take more than 80 years to reach the point where "urban" public facilities might be needed. The rate of rural development will be managed in order to avoid untimely and undesirable impacts on III Page 150 Pun§o / l lneltwnter Beach Comprehensive Plan rural public facilities. The City will continue to track rural growth, as measured by the number of new houses built, to ensure a continued balance exists between public facility supply and demand for this area. AGRICULTURAL RESERVE PROGRAM The Agricultural Reserve Program (ARP) is a non-development opnon avmlable on a voluntary basis to property owners in the rural area. It,--too; would preserve land for farming, preserve the rural character and environmental resources of the area, and reduce or minimize the need for urban infrastructure. It works by purchasing development rights from property owners at fair value, then providing farmers some equity in their land. It-atso instills fairness in the picture by offering fair compensation to property owners for the fact that their land's development value will not be realized. The ARP is an important long range implementation tool for rural and agricultural preservation. RURAL RESIDENTIAL GUIDELINES If the property owner elects not to enter the Agricultural Reserve Program, but instead elects to develop his or her property, the Comprehensive Plan seeks to achieve these objectives by giving property owners a choice of two rural development options: a By-Right option with calculated Oensity of no more ~h~n one lot per 15 acres or a Conditional Use option allowing a slightly.high, er 6alculi one lof per 16'~acres Rural Residential requ~est is ~'ubmitted: bf one lot per 5 acres within areas designated as Soil Area 1 and :as designated as Soil Area 2 (see Appendix). The following 12 ~ould be, met, as appropriate, whenever a condttional use Subdivide soils that possess the best drainage and water table characteristics acceptable lot area necessary to achieve development obi Illustrate the ultimate plan of development, as well as anticipated development phases, if any. Page 151 Fire Comprehensive Plan Technical Report November 4, 1997 DRAFT #4.1 Citywide Nineteen (19) fire stations currently serve the City. Eighteen (18) of the stations are located in the City, and one located in Knotts Island, North Carolina. The Knotts Island station provides fire fighting services to the City via an interjufisdictional agreement between the two cities. Five of the stations are owned by volunteer forces. The City is served by approximately 327 full-time fire fighters and approximately 200 volunteers. As of 1994, approximately 94 percent of the City's population lived within a five minute response time of a station, up from 87 percent in 1990. See the following table for a list of the current fire station facilities by planning area. I Ocean Park* Bayfront 2 Davis Comer . Bayside 3 London Bridge Holland 4 Chesapeake Beach* Bayfront 5 Courthouse CourthouseYSandbndg~ 6 Creeda* + Pungo/Blackwater 7 Thalia* Kempswlle 8 Oceana Great Neck 9 Keml~wHe Kempsvfile 10 Woodstock Kempswlle 11 Beach Borough Oceanfront 12 Seatac, k Courthouse/Sandbndg~ · 13 Blackwate~*_.~* Pungo/Blackwater 14 Proposed new Fire and Rescue facdlty Oceanfront at 17th Street 1:5 Knotts Island** 16 Plaza Holland 17 Sandbridg~ CourthouseJSandbndg~ 18 C.n~ea Run Holland 19 Stumpy Lak~ Kempsville Page 48 Comprehensive Plan Technical Report November 4, 1997 DRAFT t/4.1 Citywide Not~: Volunteer owner station. Station is located in and is under the jurisdiction of Knotts Island, North Carolina. Fire-fighting services are provided through an inter-jurisdictional agreement between Knotts Island and the City of Virginia Beach. This station also provides fire-fighting services to that section of Currituck County, North Carolina, known as Gibbs Woods, through an inter-iurisdictional agreement between Virginia Beach and Currituck County. New Fire and Rescue station is programmed and funded in the current Capital Improvement Program (CIP) to replace the existing station. Emergency Medical Services Currently, there are ten emergency medical service (EMS) facilities, in conjunction with fire stations, located in the City. These facilities are staffed by approximately 850 volunteer personnel, an increase from 630 volunteers in 1990. See Figure 6 for locations of the existing EMS stations. Page 49 - 24 - Item IV-J.2 RES OL UTIONS/ORDINANCES ITEM # 42803 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize the TRANSFER of $3,220 from the General Fund Reserve for Contingencies to reimburse the Water and Sewer Fund re costs of water and sewer fees related to the construction of a Habitat for Humanity single-family dwelling (Sponsored by Mayor Meyera E. OberndorJ) Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 1997 Requested by Mayor Meyera E. Oberndorf AN ORDINANCE AUTHORIZING THE TRANSFER OF $3,220 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES FOR THE PURPOSE OF REIMBURSING THE WATER AND SEWER FUND FOR THE COSTS OF WATER AND SEWER FEES ASSOCIATED WITH THE CONSTRUCTION OF A HABITAT FOR HUMANITY SINGLE-FAMILY DWELLING WHEREAS, South Hampton Roads Habitat for Humanity, Inc. 10 (~Habitat for Humanity"), a local affiliate of Habitat for Humanity 11 International, endeavors to improve housing opportunities for low- 12 income, working families in the City of Virginia Beach by 13 constructing single-family homes built with the labor of volunteers 14 and the families who purchase these homes; 15 WHEREAS, Habitat for Humanity is constructing a single- 16 family dwelling at 1139 Carver Avenue in the Lynnhaven Borough; 17 WHEREAS, the costs of construction of this single-family 18 dwelling will include water and sewer fees in the amount of $3,220; 19 and 20 WHEREAS, the City of Virginia Beach wishes to show its 21 support for this project by reimbursing the Water and Sewer Fund, 22 as a charitable gift to Habitat for Humanity, for the costs of such 23 water and sewer fees. 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 That City Council hereby authorizes the transfer of 27 $3,220 from the General Fund Reserve for Contingencies for the 28 purpose of reimbursing the Water and Sewer Fund, as a charitable 29 gift to Habitat for Humanity, for the costs of water and sewer fees 30 associated with construction of a single-family dwelling at 1139 31 Carver Avenue in the Lynnhaven Borough. 32 33 Adopted b~ the Council of the City of Virginia Beach, Virginia, on the day of November , 1997. 34 35 36 37 CA-6824 ORDIN\NONCODE\HABIT3 . ORD R-1 PREPARED: 10/29/97 38 APPROVED AS TO CONTENT: 39 41 Management APPROVED AS TO LEGAL SUFFICIENCY: ~aw Departmen~ /v - 25 - Item IV-.L3. RES OL UTIONS/ORDINANCES ITEM # 42804 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of the right-of-way on Lake Joyce (4233 Battery Road) by Robert M. and Denise D. Clarke re constructing and maintaining a boat ramp and boat lift, subject to: The following conditions shah be required: I. . . . , , The encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and locatton. The encroachment shah terminate upon notice by the City of Virginia Beach to the applicant, and that within thirty (30) days after such notice is given, such encroachment shall be removed from the City's right-of-way, known as Lake Joyce, by the applicant; and, that the applicant shah bear aH costs and expenses of removal. The applicant 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 shah be necessary to file or defend an action arising out of the location or existence of such encroachment. No permission or authority is given to the applicant to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. The applicant agrees to maintain the encroachment so as not to become unsightly or a hazard. The applicant must obtain a permit from the Development Services Center prior to commencing construction within the City's right-of-way. The applicant shah obtain and keep in force aH risk property insurance and general liability or such insurance as is deemed necessary by the City, and all tnsurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehenstve general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance poliey or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. The applicant shah submit, for review and approval, a survey of the area being encroached upon, certified by a professional engineer and/or as-built plans of the encroachment, if required by either the City Engineer's Oj~ce or the Engineering Division of the Public Utilities Department. November 4, 1997 - 26- Item IV-J.$. RESOLUTIONS/ORDINANCES ITEM # 42804 (Continued) e The City, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the apphcant to remove such encroachment; and pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shah not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100. 00) per day for each and every day that such encroachment is allowed to continue thereafter, and shah collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting' 1 I-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: None November 4, 1997 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Requested by Department of Public Works A_N ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A PORTION OF THE RIGHT-OF-WAY OF LA/{E JOYCE BY ROBERT M. CLA~RKE AND DENISE D. CLA/~KE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, ROBERT M. CLARKE AND DENISE D. CLA/~KE desire to construct and maintain a boat ramp and boat lift into the City's right-of-way located on Lake Joyce at 4233 Battery Road. WHEREAS, City Council is authorized pursuant to ~ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's right-of-way subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in ~ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended, Robert M. Clarke and Denise D. Clarke, their heirs, assigns and successors in title are authorized to construct and maintain temporary encroachments for a boat ramp and boat lift in the City's right-of-way as shown on the map entitled: "Prop'd. Private Boat Ramp in Lake Joyce at 4233 Battery Road Virginia Beach VA 23455 Application by: Robert M. Clarke," 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~rginia Beach and Robert M. Clarke and Denise D. Clarke, (the "Agreement") which is attached hereto and incorporated by reference; and 34 35 36 37 38 39 40 41 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that th~s Ordinance shall not be · n effect until such tzme as Robert M. Clarke and Denise D. Clarke and the C~ty Manager or his authorized designee execute the Agreement. Adopted by the Council of the C~ty of Virginia Beach, V~rg~nia, on the 4 day of November , 1997. 42 43 44 45 pde3esu/encroach/clarke R-1 PREPARED: 10/16/97 %~ROVED AS TO CONTENTS ' SIGNATURE DEP~NT APPROVED AS TO LEC4tL LAKE JOYCE LOCATION MAP SCALE: 1" -- 1,600' LOCATION THE MAP FO ENCROACHMENT OF ROBERT CLARKE... 4233 BATTERY RD. ( (LAKE JOYCE c_~SCALE: 1" = PREPARED BY P/W ENG. DRAFT. 16-OCT-1997 Cituof )Nbr lk Mr. James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, Virginia 23456 September 19, 1997 ' 2/I; '7 Re'. Lake 'Joyce, Waiver of Reverter Interest Robert M. Clark, 4233 Battery Road Dear Jim, As you know, in 1967 the Norfolk City Council adopted an ordinance conveying Lake Joyce along with a 25-foot wide strip of land around the lake to the City of Virginia Beach. The deed by which the lake was conveyed contained certain language which required the City of Virginia Beach to use the conveyed property exclusively for public or municipal purposes and provided that the property should not be conveyed, sold or leased and should not be permitted to be used for any other purpose. In the event this condition was breached, the property would revert to Norfolk. Mr. Robert M. Clark has requested permission to encroach into the Lake Joyce property adjacent to his residence located at 4233 Battery Road, in order to construct a boat ramp and boat lift, along with associated alterations to the existing bulkhead. The matter of waiving the City of Norfolk's reverter interest for this encroachment for the boat ramp, boat lift and bulkhead alterations was presented to City Council and the3' offered no objections. Therefore, the City of Norfolk would not consider the requested encroachment by Mr. Robert M. Clark, if authorized by the City of Virginia Beach, to violate the conditions in Norfolk's deed to Virginia Beach. This position is taken only with respect to the facts set forth herein as it relates to the stfiV of land situated adjacent to 4233 Battery. Road, Virginia Beach, Virginia, 23455. This action does not demonstrate or control snnilar instances, past, p~csem, or fa~.u~e. Sincerely, ~ City Manager cc: Mr.. Robert M. Clark 1101 City Hall Building / Norfolk, Virginia 23510 / (804) 664-4242 / Fax: (804) 664-4239 PREPARED BY V~RGTNIA BEACH C1~T¥ A'I'TORNE¥~S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS AND 58.1-811(c)C&) REIMBURSEMENT AUTHORIZED UNDER S~-~TION 25-249 THIS AGREEMENT, made this g *~ day of ~¢'fo~, ~ ~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and ROBERT M. CLARKE and DENISE D. CLARKE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantees, parties of the second part. WITNESS ETH: That, WHEREAS, the parties of the second part are the owners of that certain lot, tract, or parcel of land designated and described as "Lot 11, Section 2, Baylake Pines" and being further designated and described as "4233 Battery Road, Virginia Beach, Virginia 23455 GPIN 1479-99-3844" and That, WHEREAS, it is proposed by the parties of the second part to construct and maintain a boat ramp and boat lift in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such boat ramp and boat lift, it is necessary that the said parties of the second part encroach into a portion of an existing City right-of- way known as Lake Joyce; and said parties of the second part have requested that the parties of the first part grant a temporary encroachment to facilitate such boat ramp and boat lift within a portion of the City's right-of-way known as Lake Joyce. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first GPIN 1479-99-3844 part, receipt of which is hereby acknowledged, the party of the first part doth grant to the parties of the second part a temporary encroachment to use a portion of the City's right-of- way known as Lake Joyce for the purpose of constructing and maintaining such boat ramp and 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 location and is more particularly described as follows, to wit: An area of temporary encroachment into a portion of the City's right-of-way known as Lake Joyce as shown on that certain plat entitled: "PROP'D PRIVATE BOAT RAMP IN LAKE JOYCE AT: 4233 BATTERY ROAD VIRGINIA BEACH VA 23455 APPLICATION BY: ROBERT M. CLARKE," 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 parties 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 Lake Joyce by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties of the second part shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from and 2 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 parties of the second part. It is further expressly understood and agreed that the parties of the second part agree to maintain said temporary encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the parties 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 the parties 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 parties of the second part also agree to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. 3 The parties 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 parties of the second part assume all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. It is further expressly understood and agreed that the parties 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, may remove any such temporary encroachment and charge the cost thereof to the parties 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 parties of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may charge the parties 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 parties 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 4 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, Robert M. Clarke and Denise D. Clarke, the said parties of the second part have caused this agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH ( SEAL ) ATTEST: City Manager/Authorized Designee of the City Manager City Clerk (~~PPROVED AS TO CONTENTS SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SU[FICIENCY AND FORM Robert ~. Clarke 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 CITY/COUNTY d~ ~ ~,~ ~a~ , to-wit: The foregoing instrument was acknowledged before me this ~0~ day of ~Cku~>~f , 19%c~ , by Robert M. Clarke and Denise D. Clarke. Notary Public My Commission Expires: %~'~%~ ~\, \¢\~ Prom: Nobsn I. Ilmon To: Pit DsJe,u · LAKE s~. .t' ·~[~ 25' STRIP OWNED BY THE CI~ O~ VIRGINIA BEACH. N 61'47'50" E ! !3.00' BATTERY ROAD 12 PLAN VIEW SCALE: I' ' ,30' PURPOSE' BOATING ACCIESS DATUM NV. OD. MSL OO' ADJACENT PROPERTY OWNERS [ R K. STEWART COLE. TRUSTEE 4229 I~ATTERY ROAO 2. DALLAS ¥. NORHAN 4237 BATTERY ROAD ~xh~bil- A i ii I I WA TERFRONT CONSULTING. INC. 4698 HANOVER COURT VIRGINIA BEACH. VA 23464 PH/FAX' (757) 495-8560 c ^ r..,~Z.~_: ~'4.. II I I II III I~ ! III I IJ I~_ ali .I PROP'D: PRIVATE BOAT RAMP IN-LAKE ~OYCE AT: 42~ BATTERY ROAD VIRGINIA BEACH. VA 23;4.55 APPLICATION ~Y' ROBERT H. CLARK~ 5~IEET' I OF 4. 30 NAR 97 -27- Item VI-K. 1. APPOINTMENTS ITEM # 42805 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: John M. Ryan Unexpired thru 06/30/98 AR TS AND HUMANITIES COMMISSION Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 1997 - 28- Item VI-K.2. APPOINTMENTS ITEM # 42806 BY CONSENSUS, City Council RESCHEDULED' BOARD OF BUILDING CODE APPEALS November 4, 1997 - 29- Item VI-K.3. APPOINTMENTS ITEM # 42807 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: James H. Sellers Unexpired thru 12/31/99 CHESAPEAKE BAY P~SER VA TION AREA BOARD Voting: 11-0 (By ConsenO Councd Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 1997 - 30- Item VI-K.4. APPOINTMENTS ITEM # 42808 Upon NOMINATION by Vice Mayor Sessoms, City Counctl REAPPOINTED: John M. B. Baillio James W. Raynor III William M. Walsh, Jr. Joan L. Wright 2 Year Terms 11/01/97 To 10/31/99 HIS TORICAL RE VIE W BOARD Voting: 1 I-0 (By Consen0 Council Members Voting,4ye: John ~4. Baum, Linwood O. Branch, III, William W. Harrison, Jr, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay None Council Members ,4bsent : None November 4, 1997 - 31 - Item VI-K. 5. APPOINTMENTS ITEM # 42809 Upcn NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Mary Paul Tinney Unexpired thru 12/31/99 SENIOR SER VICES OF SOUTHEASTERN VIRGINIA Voting: 11-0 (By Consen0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None November 4, 1997 - 32 - Item VI-K. 6. APPOINTMENTS ITEM # 42810 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: Dr. Charles A. Vinson (No Term) SOUTHEASTERN TIDEWATER OPPORTUNITY PROJECT, INC. (STOP) Voting: 11-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ~4bsent: None November 4, 1997 - 33 - Item VI-L. 1 UNFINISHED BUSINESS ITEM # 42811 ADD-ON Council Lady McClanan SPONSORED Salem Lake Residents (Mrs. William Thom/Ms. Denise LaVigne/Commander Daniel Serfess, USN) requesting a 4-foot landscaped earthen berm on the City side ora drainage ditch on Recreation Drive re Youth Soccer Fields (Approved 8 August 1995 application of Virginia Beach Soccer Joint Task Force). Mrs. William Thom, 3709 Grey Dove Lane, speaking on behalf of husband, Vice President - Salem Lakes Civic League, presented a petition requesting the closure of the parking lot on the western side of Recreation Drive servicing the youth soccer fields until such time as an earthen landscaped berm, not less than 4feet in height is built on the City side of the drainage site. In May 1995 the homeowners and Board of Directors of the Salem Lakes Civic League accepted in good faith the word of Mr. Michael Barrett of the Hampton Roads Soccer Council that the buffer berm wouM be erected with suficient landscape. To date this has not been accomplished. Said petition is hereby made a part of the record. Denise LaVigne, 3713 Grey Dove Lane, Phone: 471-6466, represented the Salem Lakes Civic League. Her swimming pool has been basically rendered unusable. Mrs. La Vigne distributed photographs relative the drainage problem and the close proximity of the parking lot to the residents' property line. There is water standing in the ditch and the residents suffer from mosquitos. Commander Daniel Serfess, 3707 Grey Dove Lane, Phone: 471-5484, owns his residence since 1985. Commander Serfess has coached approximately 15 seasons of soccer. Commander Serf ess advised the berm wouM be a simple solution and easily maintained. Commander Serf ess, due to circumstances beyond his control, must sell his house and his resale value of the home is a concern. Mayor Oberndorf spoke with Mrs. LaVigne last evening, November 3, 1997. Mayor Oberndorf had asked ifa privacy fence could be erected for protection. Mrs. La Vigne advised this was not acceptable, as a 6-foot privacy fence would basically make her a prisoner in her own backyard and would be directly in opposition to the reason she purchased her beautiful home for the open view of Princess .dnne Park prior to the approximate 300 cars in the parking lot, with which they must now contend. Ma yor Oberndorf advised the City Manager has had the gate moved on the Parking Lot, so it can be secured and cars cannot go into the lot at inappropriate hours. Mayor Oberndorf also requested the City Manager investigate the drainage ditch concerning holding storm water as to whether it is doing its job of protecting the waters of Virginia Beach and the adjacent homeowners. The City Manager advised an inspection of the complex has been completed. A report and an estimate of the cost of installing a 4-foot berm will be presented during the City Council Session of November 18, 1997. November 4, 1997 - 34 - Item VI-N. ADJOURNMENT ITEM # 42812 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 2:55 P.M. Be~verly . Hooks, CMC/AAE Chief Deputy City Clerk John A Baum Council Member - Blackwater Borough Ctty Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginta November 4, 1997 - 34- Item VI-N. AD JO URNMENT ITEM # 42812 Mayor Oberndorf DECLARED the City Councd Meettng ADJOURNED at 2'55 P M Beverly 0 Hooks, CMC/AAE Chief Deputy Ctty Clerk John aum Counctl Member - Blackwater Borough Ruth Hodges Smtth, CMC/A~E Ctty Clerk City of Vtrgtnia Beach Vtrgtnta November 4, 1997 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B .' A S C E S R DATE November04, 1997 B R C H C R = E A PAGE: 1 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N I CITY MANAGER'S BRIEFINGS A WATER EMERGENCY ORDINANCE - Clarence O PROPOSED AMENDMENT Wamstaff Director Public Utilities B TAX INCREMENT FINANCING E Dean Block Director Mgt Svcs II COMPREHENSIVE PLAN Ill/IV/ CERTIFICATION OF EXECUTIVE CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNI/ SESSION E F MINUTES - 28 October 1997 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y B S A N E D G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S H/I/ Resolution to refer to the Planning ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y 1 Commission a proposed Amendment to BY CONSENT Section 501 of the CZO re commuter or satellite parking (Sponsored by Councilman William W Harrison Jr) 2 Resolution to appoint Kamala Lannetti to ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y the position of Assistant City Attorney BY CONSENT J/1 Ordinance to AMEND the Comprehensive ADOPTED 10-1 Y Y Y Y Y Y N Y Y Y Y Plan dated 3 October 1997 as presented AS REVISED to City Council 4 November 1997 (Draft #.4) with Amendments encompassed in 4 November 1997 Draft #4 1 2 Ordinance to TRANSFER $3,220 from ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y General Fund to reimburse Water/Sewer BY CONSENT Fund re costs of water/sewer fees for construction of Habitat for Humanity single-family dwelling (Sponsored by Mayor Meyera E Oberndorf) 3 Ordinance to authorize temporary ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachment into portion of r-o-w on BY CONSENT Lake Joyce at 4233 Battery Road by Robert M/Denise D Clarke re boat ramp/ boat lift K APPOINTMENTS ARTS AND HUMANITIES APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION John M Ryan Esq Unexpired thru 06/30/98 CHESAPEAKE BAY PRESERVATION APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y AREA BOARD James H Sellers Unexpired thru 12/31199 CIT'! OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE' November 04, 1997 B R C H C R P E A PAGE: 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N APPOINTMENTS (continued) HISTORICAL REVIEW BOARD REAPPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y John M B Ballllo James W Raynor III William M Walsh Jr Joan L Wright 2 Year Terms 11/01/97 - 10/31/99 SENIOR SERVICES OF APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y SOUTHEASTERN VIRGINIA Mary Paul Tinney UnexpIred thru 12/31/99 SOUTHEASTERN TIDEWATER APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y OPPORTUNITY PROJECT INC Dr Charies A (STOP) Vinson (No Term) BOARD OF BUILDING CODE APPEALS RE- B Y C O N S E N S U S SCHEDULED L Presentabon by Salem Lake Residents ADDED TO ADD- (Mrs William Thom/Ms Denise LaVigne/ AGENDA ON Commander Daniel Seffess USN) Petition Sponsored by to request 4-foot landscaped earthen Council Lady berm on City side of drainage ditch on McClanan Recreation Drive re Youth Soccer Fields (Approved 8 August 1995 Apphcation of Virginia Beach Soccer Joint Task Force) ,= M/N ADJOURNMENT 2'55 PM November 18 November 25 December 2 December 9 December 16 CITY COUNCIL SCHEDULE Reseheduled from November 11 Informal Session (as regularly scheduled) Formal Session - 2:00 PM (Planning Items - 2:30 PM) Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items - 6:30 PM) Informal Session (as regularly scheduled) Formal Session - 2:00 PM Informal Session (as regularly scheduled) Formal Session - 2:00 PM (Planning Items - 2:30 PM) Rescheduled from December 23 Informal Session (as regularly scheduled) Formal Session - 6:00 PM (Planning Items - 6:30 PM)