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HomeMy WebLinkAboutAUGUST 8, 1995 MINUTESCity of Virginia Beach "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At Large VICE MAYOR WILLIAM D SESSOMS, JR At Large JOHN A BAUM, Blackwater Borough LINWOOD 0 BRANCH III, V,rg~ma Beach Borough ROBERT K DEAN, Pnncess Anne Borough W W HARRISON, JR Lynnhaven Borough HAROLD HEISCHOBER, At Large BARBARA M HENLEY Pungo Borough LOUIS R .[ONES Bays~de Borough NANCY K PARKER, At Large LOUISA VI STRAYHORN Kempsmlle Borough ]AMES K SPORE, C~ty Manager LESLIE L LILLEY, C~ty Attorney RUTH HODGES SMITH, CMC / AAE C~ty Clerk CITY COUNCIL AGENDA August 8, 1995 · ~ OUR N~x\O 281 CITY HALL BUILDING MUNICIPAL CENTER V~'RGINIA BEACH, VIRGINIA 23456 9005 (804) 427 4303 I · CITY MANAGER'S BRIEFINGS - Conference Room - A· ARCHITECTURAL and ENGINEERING PROCUREMENT POLICY John Herzke, City Engineer 11:30 AM II. AGENDA REVIEW SESSION A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - A· Be CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION 1:00 PM IV. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf 2:00 PM B. INVOCATION: Reverend Ted James First Baptist Church of Virginia Beach 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 and Formal Sessions - August 1, 1995 i G. ADOPT AGENDA FOR FORMAL SESSION Ho CONSENT AGENDA The Consent Agenda will be determined during the AGENDa4 REVIEW Session and considered in the ordinary course of business by City Council to be enacted by one motion. I · MAYOR'S PRESENTATION I · AWARD OF FINANCIAL REPORTING ACHIEVEMENT - Government Finance Officers Association of the United States and Canada Patricia A. Phillips, Director, Finance J. PUBLIC HEARING 1. ELECTION DISTRICTS AND VOTING PLACES K. ORDINANCES/RESOLUTIONS i · · · . · · · · Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia Beach re Election Districts and Voting Places. Ordinance to AMEND and REORDAIN Sections 21-364, 21-371, 21-405 and 21-440.9; and, DELETE Section 21-404 of the Code of the City of Virginia Beach re parking violations. Ordinance to ACCEPT and APPROPRIATE a 875,000 Grant from the Virginia Department of Transportation (VDOT) to the Department of General Services FY 1995-1996 Operating Budget re alternative fuels project. Ordinance to TRANSFER $35,000 from the General Fund Reserve for Contingencies to the City Attorney's FY 1995-1996 Operating Budget to enable the City to engage the services of an Election Data Specialist re the reapportionment process. Authorize cash payment in lieu of park dedication from Larkspur Farms, as consistent with the 21 February 1995 City Council approved Policy for Cash Payments in Lieu of Open Space Dedications of less than one acre. Resolutions re issuance of Virginia Beach Development Authority's multi-family rental housing revenue bonds: a. Sunstates House, L.P. Not to exceed $7,300,000 be National Housing and Not to exceed $3,500,000 Health Care Trust, Inc. Deferred: July 11, 1995 Resolution to authorize the City Manager to initiate the Procurement Process for the remaining portions of the Lake Gaston Water Supply Project. Resolution to establish Virginia Beach Community Criminal Justice Board. 9. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Ocean Front Limousine Deferred: July 11, 1995 August 1, 1995 Yellow Cab of Virginia Beach, Inc. Beach Taxi, Inc. 10. Authorize Tax Refunds in the amount of $2,222.71. L. PUBLIC HEARING - PLANNING 3:00 PM PLANNING BY CONSENT - To be determined during the AGENDA REVIEW Session i · RECONSIDERATION OF CONDITIONS in the 19 January 1981 approved Application of DAVID EXUM for a Change of Zoning District Classification from AG-~ Agricultural District to B-1 Business Residential District at 2624 Princess Anne Road, containing 0.410 acre (PRINCESS ANNE BOROUGH). Recommendation APPROVAL · RECONSIDERATION: 27 June 1995 approved Application of TIDEWATER WESTMINSTER HOMES, INC., for a Gonditional Use ~_~ for a home for the aged at the Southwest corner of Shore Drive and Sunstates Court, containing 1.891 acres (LYNNHAVEN BOROUGH). · Application of QUINTON J. FERGUSON for an enlargement of a non-conforming use at 5321 Northampton Boulevard, containing 4.78 acres (BAYSIDE BOROUGH). Staff Recommendation: NO ACTION NECESSARY · Petition of George Pitsilides, Trustee of the Pitsilides Land Trust for discontinuance, closure and abandonment of portions of the following parcels, containing 0.531 acre (LYNNHAVEN BOROUGH): Kl~en Street: Beginning at the Northwest intersection of Kleen Street and Page Avenue and running in a Northerly direction a distance of 160.49 feet. Ocean Avenue: Beginning at a point 190 feet more or less Northwest of the intersection of Kleen Street and Page Avenue and running in an Easterly direction a distance of 215 feet more or less. Recommendation: APPROVAL · Application of BAYVILLE FARMS ASSOCIATES, L.C., for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision have direct access to a public street re construction of a new residence at the Northern extremity of Spring House Trail (BAYSIDE BOROUGH). Recommendation: APPROVAL · Application of THE LITTLE THEATER OF VIRGINIA BEACH for a Conditional Use Permit for facilities for the production of live theater and allied 9urgoses including education in the theater arts at the Northeast corner of Barberton Street and 23rd Street (540-542 Barberton Drive), containing 9,063 square feet (VIRGINIA BEACH BOROUGH). Recommendation: APPROVAL 0 Application of TENCH H. PHILLIPS, JR., for a Conditional Use ~ for motor vehicle sales at the Southeast corner of Virginia Beach Boulevard and Opal Avenue (4949 Virginia Beach Boulevard), containing 6.6 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL e Application of VIRGINIA BEACH SOCCER JOINT TASK FORCE for a ConOitional Use Permit for a recreational facility of an outdoor nature (soccer complex) at the Southern terminus of Recreation Drive, containing 73 acres more or less (PRINCESS ANNE and KEMPSVILLE BOROUGHS). Recommendation: APPROVAL · Application of HERBERT E. and EVELYN K. DUGRO0 for a Conditional Change of Zoning District Classification from R-20 Residential District to 0-1 Office District on the East side of General Booth Boulevard, 250 feet more or less South of Ferrell Parkway, containing 1 acre (PRINCESS ANNE BOROUGH). Recommendation: 10. Application of THOMAS R. GIROUX (British-European Antique Imports, Ltd.) for a Chang~ of Zoning District Classification from I-1 Liaht Industrial District to Gonditional B-2 Community Business District on the South side of Dean Drive, -- East of Lynnhaven Parkway (2645 Dean Drive), containing 2.450 acres (LYNNHAVEN BOROUGH). Deferred: July 11, 1995 Recommendation: APPROVAL 11. Applications of SEELAKE ASSOCIATES, a Virginia General Partnership, at 341 Edwin Drive (KEMPSVILLE BOROUGH): ~ to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance re side yard setback. Chanae of Zonin~ District Classification from 0-2 Office District to 0-1 Office District on the West side of Edwin Drive, South of Expressway Drive, containing 1.47 acres. Recommendation: APPROVE BOTH APPLICATIONS 12. Application of DALE CULVER HENNING for a Change of Zoning District Classification from AG-2 A~ricultural District to R-20 Residential District on the North side of Culver Lane, 462.91 feet West of Mulholland Drive (1160 Culver Land), containing 1 acre (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL M. APPOINTMENTS ADVERTISING AGENCY SELECTION COMMITTEE DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD WETLANDS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) · · * . · , · · . · 08/03/95CMD AGENDA\08-08-95. PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia August 8, 1995 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING of the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, August 8, 1995, at 11:30 PM. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy IC Parker, and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. [FAMILY VACATION] William W. Harrison, Jr. [ENTERED: 12:05 P.M.] -2- CITY MAN,4GER'S BRIEFING ARCHITECTURAL AND ENGINEEI~NG PROCUREMENT POLICY 11:30 A.M. ITEM # 39568 John Herzke, City Engineer, advised the Architectural and Engineering Procurement Policy adopted in 1983 has been a very accepted procedure. In reviewing a sampling of projects in Public Works for a two- year period from 1993 thru 1995, the City staff was averaging approximately 71 days from posting a Request for Proposal until selection ora firm. Another 60 days was entailed in negotiating of the contract before execution. Therefore one of the goals in establishing a new policy was to reduce this time period. The current process requires the selection and final approval of contracts by the City Manager. During the process team's development of the proposed policy revisions, concerns were expressed regarding price considerations during selections. The present procedure, which is in accordance with state requirements for procurement of professional services, provides for contract negotiations after Architectural and Engineering selection. Negotiations are undertaken with the selected firm and, if unsuccessful, the negotiations with that firm are terminated and prohibited from being reopened. The process then commences with the second ranked firm. The solicitation of competitive bids for ,4 & E services is not permitted by State Code. However, there is provision within the state and local codes permitting the submittal of "non-binding" cost estimates by the competing firms. Localities that have exercised the option to request "non-binding" cost estimates have recognized that such preliminary estimates are generally of little value because the detailed scope of the most significant design projects was not fully established until after the interview and selection of the most qualified firm. The Navy and U.S. Corps of Engineers specifically exclude non-binding cost estimates. Comparisons with other agencies (i.e., Old Dominion University and School Administration) appear, on the surface, to indicate lower design costs than those experienced by the City. Further research; however, revealed that the contract 'fees"for the two ODU projects reflect "basic" design costs only (expressed as a percentage of estimated construction costs) of 5.57% for their TeleTchNet Center and 6.9% for their Child Study Center. The Public Works' design contracts for the past three years (1992-1995 to date) have an average "basic" design fee of approximately 7.30%. Further examination of the two ODU projects revealed additional design services of 5.04% for thetr TeleTchNet Center for an overall design fee of 10.61% and likewise, additional costs for thetr Child Study Center, wtth an overall design fee of 7.73%. These fees are comparable to the fees for projects accomplished by the City. The fees for renovations of the City's three court buildings, work similar in nature to the ODU Child Study Center renovations, totaled between 6.10% and 7.50% of construction costs, comparing very favorably to the total fees of both for the ODU projects. Design fees appear to be lower for school projects. However, there are factors which need to be examined. The programming efforts associated with the architectural services for school facilities are relatively consistent from one facility to the next. This is due to predetermined facility needs established by state and local school requirements. Based on discussions with the School Facilities Administrator, "basic" design fees for Ocean Lakes High School are 4.34%, and when additional design services essential to complete the project are considered, the design fee will be 5.23% of the construction costs. In addition, costs associated with employment of a "Clerk Of The Works" are not included within their construction phase of the School's A & E design contracts; however, Public Works includes such service as part of the A & E's scope of services and fees. Another example is the fees for additions/renovations to B.F. Williams and John B. Dey Elementary Schools. The "basic" design fee for those schools was 5.75% of the construction cost but, when the "additional design services" fees are included, the total fee will be 7.21% of the construction cost, which is comparable to the fees of 6.10% to 7.50% for the C~ty's court renovation projects and the overall average fees for the past two and one half years (7.300/0). The proposed Administrative Directive for the procurement of,4 & E services has been developed by a team from the Departments of Public Works, Pubhc Utilities and Finance. This Directive is hereby made a part of the record. This proposed ,4dministrative Directive provides a streamlined procedure, which is consistent with the 1983 policy adopted by City Council, while enhancing the process, reducing processing time, and satisfying appropriate legal requirements. The main revision in the review and final approval of these ,4 & E selections and contract negotiations will be accomplished by the City Purchasing Agent in the form of a third party review, and will no longer involve the City Manager's Office in the routing process. Notification of all A & E selections and contract awards will still be provided to the City Manager and City Council. This revised process will be similar to the process used to award construction contracts. August 8, 1995 -3- CITY MANAGER'S BRIEFING ARCHITECTURAL AND ENGINEERING PROCUREMENT POLICY ITEM # 39568 (Continued) This Administrative Directive, coupled with internal procedural improvements within Public Works and Public Utilities, is expected to achieve not only the highest caliber of professional services to appropriately match the applicable project, but also accomplish the process in reduced time. The total will be to use a qualification-based selection method for cost-effective design services. ,4ll RFP'S will be advertised in a local newspaper a minimum of ten days prior to the selection. ,4 copy of the RFP shall be forwarded to the Purchasing Division for posting on the City's bid board, and to the Tidewater Regional Minority Purchasing Council. The City also does a direct mading of all RFP's to firms on the City's mailing list. The criteria to be considered for evaluation and selection shall be as follows. 1. Professional qualifications of the staff or design team to be assigned to the project. 2. The extent of specialized experience of the firm in the type of work required. 3. The capacity of the firm to accomplish the work in the required time. The degree of familiarity of the firm with the particular project's' requirements, and the conceptual approach proposed by the firm to address these requirements. 5. The quality of the past performance of the firm on similar projects in general and City projects in particular. 6. Experience and qualifications of any consultants to be used by the architect and engineer. 7. Evidence of cost control effectiveness. 8. Current work volume of the firm that could affect the ability of the firm to complete the work in the requtred ttme frame. 9. Accessibility of the project team to the project site. Currently the average time frame for Public Works projects in the ,4 & E Selection entails 131 to 161 days. With the proposed ,4 & E Selection process, the total average time would be reduced to 84 to 114 days. Concern was expressed relative final approval not being required by the City Manager. ,4 licensed architect has been hired in Public Works to supervise the building program. ,4 contingency fund is being established in the Capital Improvement Program for change orders. Information relative percentage of change orders in regard to projects will be provided. Resolution relative the Policy will be SCHEDULED for the City Council Session of August 22, 1995. ,4ugust 8, 1995 -4- AGENDA REVIEW 12:35 P.M. SESION ITEM # 39569 Council Lady Parker and Councilman Harrison referenced: I~2 Ordinance to AMEND and REORDAIN Sections 21-364, 21- 371, 21-405 and 21-440.9; and, DELETE Section 21-404 of the Code of the City of Virginia Beach re parking violations Henry Ruiz, Director - Parking Systems Management, advised the parla'ng on 23rd Street and 24th Street has been designated as "angle parking". The marla'ngs may have eradicated over time and perhaps need to be readdressed, but those streets were designated as "angle parking ". This situation will be corrected. Councilman Harrison expressed concern relative the Code Section pertaining to ticketing vehicle parked on a public street with a "for sale" sign, which is in violation of Section 21-365. Councilman Harrison advised relative Rudee Loop, surfing is permitted at all hours next to the Inlet. The surfers surf until dark, which is after 8. O0 P.M. With the meter parking, right across the street, the vehicle must be moved right after 8:00 P.M. Individuals are receiving tickets at 8:04 P.M. Councilman Harrison requested the hours be increased to 9:00 P.M. The City Manager advised the limitation was due to complaints relative inchviduals congregating in this vicinity. Mr. Ruiz advised City Parla'ng at the Fourth Street Parking Lot after closure is FREE. This lot is not locked. This parla'ng facility was renovated approximately one month ago. This item will be clarified during the Formal Session. ITEM # 3957O Council Members Baum, Dean and Henley inquired relative. K. 3 Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant from the Virginia Department of Transportation (VDOT) to the Department of General Services FY 1995-1996 Operating Budget re alternative fuels project. The City Manager advised hopefully if this pilot procedure is satisfactory, many of the vehicles in the fleet will be converted. Virginia Code Section 46.2-1179.1 authorizes' the State Air Pollution Control Board to adopt, by regulation, alternative fuel fleet standards consistent with provisions of the Federal Clean Air Act for model years beginning with 1998 for Northern Virginia, greater Richmond and Hampton Roads. August 8, 1995 -5- AGENDA RE VIEW SESION ITEM # 39571 Councilman Harrison referenced: IC4 Ordinance to TRANSFER $35,000 from the General Fund Reserve for Contingencies to the City Attorney's FY 1995-1996 Operating Budget to enable the City to engage the services of an Election Data Specialist re the reapportionment process. The City Attorney advised the firm utilized since 1992 specializes in National and City electoral plans. The City Attorney will provide a letter affirming they do not represent any indiwdual or entity in the City of Virginia Beach. ITEM # 39572 Councilman Dean referenced: K. 5 Authorize cash payment in lieu of park dedication from Larkspur Farms, as consistent with the 21 February 1995 City Council approved Policy for Cash Payments in Lieu of Open Space Dedications of less than one acre. Councilman Dean advised the Real Estate Assessor had determined the property was valued at $19,985 per acre. The City will receive $10,392 for the .52 acre dedication. Councilman Dean advised lots in the adjacent area were selling for $42,000 per lot The City Manager advised this is the unimproved cost. ITEM # 39573 Councilman Dean inquired relative: K. 7 Resolution to authorize the City Manager to initiate the Procurement Process for the remaining portions of the Lake Gaston Water Supply Project The City Manager advised re Lake Gaston, the cost of bidding, evaluating and awarding the construction contracts is approximately $100,000. August 8, 1995 -6- AGENDA RE VIEW SESION ITEM # $9574 BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA: RES OL UTION/ ORDINANCES ICI Ordinance to AMEND and REORD~N Section 10-1 of the Code of the City of Virginia Beach re Election Districts and Voting Places: a. Ocean Lakes Precinct to be split and create Culver Precinct b. Bellamy and Glenwood Precincts to be split and create Rosemont Forest Precinct Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant from the Virginia Department of Transportation (VDOT) to the Department of General Services FY 1995-1996 Operating Budget re alternative fuels project ~4 Ordinance to TRANSFER $35,000 from the General Fund Reserve for Contingencies to the City Attorney's FY 1995-1996 Operating Budget to enable the City to engage the services of an Election Data Specialist re the reapportionment process. K. 5 Authorize cash payment in lieu of park dedication from Larkspur Farms, as consistent with the 21 February 1995 City Council approved Policy for Cash Payments in Lieu of Open Space Dedications of less than one acre ~6 Resolutions re issuance of Virginia Beach Development Authority's multi-family rental housing revenue bonds: *a. Sunstates House, L.P. Not to exceed $7,300,000 *b. National Housing and Health Care Trust, Inc. Not to exceed $3,500,000 K. 7 Resolution to authorize the City Manager to initiate the Procurement Process for the remaining Portions of the Lake Gaston Water Supply Project. I~8 Resolution to establish Virginia Beach Community Criminal Justice Board. K. 9 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: *a. Ocean Front Limousine b. Yellow Cab of Virginia Beach, Inc. c. Beach Taxi, Inc. KIO Authorize Tax Refunds in the amount of $2,222.71. *Item 6. a. will be DEFERRED to August 22, 19995 BY CONSENT. *Item 6. b. will be WITHDRAWN BY CONSENT. *Item 9. a. will be DEFERRED to August 22, 1995 BY CONSENT. August 8, 1995 -7- AGENDA RE VIEW SESION ITEM # 39575 Council Lady Henley expressed concern relative: L. 1 RECONSIDERATION OF CONDITIONS in the 19 January 1981 approved Application of DAVID EXUM for a Change of Zoning District Classification from AG-2 Agricultural District to B-1 Business Residential District at 2624 Princess Anne Road, containing 0. 410 acre (PRINCESS ANNE BOROUGH). This item has been utilized for commercial since 1981. Council Lady Henley inquired as to the reason reconsideration of the conditions was just now being requested. This item will be discussed during the Formal Session. ITEM # 39576 Councilman Harrison requested the City Attorney provide a ruling as to the appropriateness of legal issues relative this item. L. 4 Petition of George Pitsilides, Trustee of the Pitsilides Land Trust for discontinuance, closure and abandonment of portions of the following parcels, containing 0.531 acre (L YNNHA VEN BOROUGH). Kleen Street: Beginning at the Northwest intersection of Kleen Street and Page Avenue and running in a Northerly direction a distance of 160. 49 feet. Ocean Avenue: Beginning at a point 190 feet more or less Northwest of the tntersection of Kleen Street and Page Avenue and running in an Easterly direction a distance of 215 feet more or less. ITEM # 39577 Council Lady Henley expressed concern relative the size of the lot regarding: L. 5. Application of BAYIqLLE FARMS ASSOCIATES, L.C., for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision have direct access to a public street re construction of a new residence at the Northern extremity of Spring House Trail (BA YSIDE BOROUGH). August 8, 1995 -8- AGENDA RE VIEW SESION ITEM it 39578 Councilman Dean had several questions relative the following and needed to understand staffs position: L. 8. Application of VIRGINIA BEACH SOCCER JOINT TASK FORCE for a Conditional Use Permit for a recreational facili~_ of an outdoor nature (soccer complex) at the Southern terminus of Recreation Drive, containing 73 acres more or less (PRINCESS ANNE and KEMPSVILLE BOROUGHS). Application of HERBERT E. and EVELYN K. DUGRO0 for a Conditional Change of Zoning District Classification from R- 20 Residential Dtstrict to 0-1 Office District on the East side of General Booth Boulevard, 250 feet more or less South of Ferrell Parkway, containing 1 acre (PRINCESS ANNE BOROUGH). ITEM # 39579 BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT AGENDA: L.2o RECONSIDERATION: 27 June 1995 approved Application of TIDEWATER WESTMINSTER HOMES, INC., for a Conditional Use Permit for a home for the aged at the Southwest corner of Shore Drive and Sunstates Court, containing 1.891 acres (LYNNHAVEN BOROUGH). L. 3. Application of QUINTON J. FERGUSON for an enlargement of a non-conforming use at 5321 Northampton Boulevard, containing 4. 78 acres (BAYSIDE BOROUGH). L. 6. Application of THE LITTLE THEATER OF VIRGINIA BEACH for a Conditional Use Permit for facilities for the production of live theater and allied purposes including education in the theater arts at the Northeast corner of Barberton Street and 23rd Street (540-542 Barberton Drive), containing 9,063 square feet (VIRGINIA BEACH BOROUGH). L. 7. Application of TENCH H. PHILLIPS, JR., for a Conditional Use Permit for motor vehicle sales at the Southeast corner of Virginia Beach Boulevard and Opal Avenue (4949 Virginia Beach Boulevard), contatning 6.6 acres (BAYSIDE BOROUGH). LIO Application of THOMAS R. GIROUX (British-European Antique Imports, Ltd.)for a Change of Zoning District Classification from 1-1 Light Industrial District to Conditional B-2 Community Business District on the South side of Dean Drive, East of Lynnhaven Parkway (2645 Dean Drive), containing 2 450 acres (LYNNHAVEN BOROUGH). August 8, 1995 -9- AGENDA RE VIEW SESION ITEM # 39579 (Continued) Lll Applications of SEELAKE ASSOCIATES, a Virginia General Partnership, at 341 Edwin Drive (KEMPSFILLE BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance re side yard setback. Change o_f Zoning District Classification from 0-2 Office District to 0-1 Office District on the West side of Edwin Drive, South of Expressway Drive, containing 1.47 acres. L12 Application of DALE CULl/ER HENNING for a Change of Zoning District Classification from AG-2 Agricultural District to R-20 Residential District on the North side of Culver Lane, 462.91 feet West of Mulholland Drive (1160 Culver Land), containing 1 acre (PRINCESS ANNE BOROUGH) Item L. 2 will be DEFERRED to August 22, 1995, BY CONSENT. Item L. 3. will be WITHDRAWN BY CONSENT. Item L. IO will be DEFERRED to September 12, 1995 BY CONSENT. ITEM # 39580 Due to the Vice Mayor's absence, APPOINTMENTS shall be RESCHEDULED. August 8, 1995 - 10 - COUNCIL CONCERNS 1:08 P.M. ITEM # 39581 Councilman Dean requested information relative the status of swimming pools in the City's Recreation Centers. The City Manager advised information will be forwarded to City Council of an analysis of the bids for repairs. These bids exceed the esttmates. A presentation is SCHEDULED for the City Council's Executive Session August 22, 1995. This item will also be SCHEDULED for City Council's vote during the Formal Session. ITEM # 39582 Councilman Dean understood a bid was due back to the City on August Sixteenth with a contract effective date of September 1, 1995, with New England CRINC (Mount Trashmore II). Councilman Dean has been informed the City is engaging in flow control situations. Before btds are accepted, Councilman Dean wouM like a Staff presentation. Mayor Oberndorf referenced correspondence in the City Council's agenda concerning New England CR/NC based on a more favorable cost. The City Manager advised review by the City Attorney and staff believed significant funds would be saved. Councilman Dean believed the contract should be renegotiated for the recyclables. A presentation concerning the RECYCLING CONTRACT BID PROCESS shall be presented during the City Council Workshop on August 15, 1995. ITEM # 39583 Mayor Oberndorf advised she will not be in attendance during the City Council Workshop of August 15, 1995, as she will be leading a delegation of Virginia Beach citizens to Moss, Norway (The City's Sister City) to celerate their 275th Anniversary. August 8, 1995 - 11 - ITEM # 39584 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 8, 1995, at 1:15 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 12 - ITEM # 39585 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose. PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). City Attorney's Office 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: Apphcation of George Pitsilides - Agenda Item L 4. Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Counctl voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay. None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 13 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL August 8, 1995 2:00 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, August 8, 1995, at 2:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa M. Strayhorn Council Members Absent: Vice Mayor William D. Sessorns, Jr. [FAMILY VA CA TION] INVOCATION: The City Clerk PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA August 8, 1995 - 14 - Item IV-E. CERTIFICATION OF EXECUTIVE SESSION ITEM # 39586 Upon motion by Council Lady Parker, 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: 10-0 Council Members Voting .,lye: John A Baum, Linwood O. Branch, III, Robert K. Dean, William IV.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker, and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 Beso u on CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 39585 Page No. 11 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 wcrc discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. [~t~h Hodges Sn~th, CMC/AAE City Clerk August 8, 1995 - 15 - Item IV-E1. MINUTES ITEM # 39587 Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of August 1, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IL Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy 14. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 16 - Item 1V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 39588 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION August 8, 1995 -17- Item IV-I. 1. MA YOR 'S PRESENTATION ITEM # 39589 Mayor Oberndorf PRESENTED: AWARD OF FINANCIAL REPORTING ACHIEVEMENT Patricia A. Phillips Director, Finance Mrs. Phillips ACCEPTED the Award of Financial Reporting Achievement and recognized Robert Hayes, Comptroller, Don Barnett, Assistant Comptroller, for their unselfish dedication. This Award is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents significant accomplishment by a government and its management. August 8, 1995 - 18 - Item IV-I. 2. MA YOR 'S PRESENTATION ITEM tt 39590 Mayor introduced Luis Gonzalez, Director of Traffic Division, Ministry of Transportation, Public Works in San Jose, Costa Rica. Mr. Gonzalez accompanied by Colonel Morales was visiting the City to ACCEPT the gift of Traffic Signals from the City of Virginia Beach. Mr. Gonzales extended a warm greeting and sincere thanks from the President and Minister of Transportation and Public Works of Costa Rica. August 8, 1995 - 19 - Item IV-J. 1. PUBLIC HEARING ITEM# 39591 Mayor Oberndorf DECLARED A PUBLIC HEARING: ELECTION DISTRICTS AND VOTING PLACES There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING. August 8, 1995 - 20 - Item IV-IC CONSENT AGENDA ITEM # 39592 ORDINANCES/RESOL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED in one motion Items, 1, 3, 4, 5, 6 a, 6b., 7, 8, 9a., 9b., 9c. and 10 of the CONSENT AGENDA. Item IV-K. 6a. was DEFERRED until the City Council Session of August 22, 1995. Item IV-K. 6b. was WITHDRAWN. Item IV-K. 9a. was DEFERRED unttl the City Council Session of September 5, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent. Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 21 - Item IV-K 1. CONSENT ,4 GENDA ITEM # 39593 ORDINANCES/RESOLUTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the City of Virginia Beach re Election Districts and Voting Places: 1. Ocean Lakes Precinct to be split and create Culver Precinct 2. Bellamy and Glenwood Precincts to be split and create Rosemont Forest Precinct Voting: 10-0 (By Consent) Council Members Voting ,4ye: John `4. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf. Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members ,4bsent: Vice Mayor William D. Sessorns, Jr. August 8, 1995 AN ORDINANCE TO AMEND AND REORDAIN SECTION 10-1 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ELECTION DISTRICTS AND VOTING PLACES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Sec. 10-1. Establishment of election districts and voting places. There are hereby established in the city the following election districts and their respective voting places, as set forth below: Election District Alanton Aragona Arrowhead Baker Bayside Bellamy Blackwater Bonney Brandon Cape Henry Capps Shop Centerville Chesapeake Beach College Park Courthouse Creeds Culver Davis Corner Fairfield Forest Glenwood Voting Place Alanton Elementary School Bayside Middle School Grade 6 Arrowhead Elementary School Heritage United Methodist Church Bayside Elementary School Indian Lakes Elementary School Blackwater Fire Station Center for Effective Learning Brandon Middle School Research and Enlightenment Building (Edgar Cayce Library) P.A. Mosquito Control Building Centerville Elementary School Bayside Baptist Church College Park Elementary School Courthouse Fire Station Creeds Fire Station Ocean Lakes High School Bettie F. Williams Elementary School Fairfield Elementary School Kings Grant Elementary School Glenwood Elementary School 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Great Neck Green Run Holland Homestead Kings Grant Kingston Lake Smith Landstown Larkspur Linkhorn Little Neck London Bridge Lynnhaven Magic Hollow Malibu Meadows Mt. Trashmore North Beach Ocean Lakes Ocean Park Oceana Old Donation Pembroke Plaza Point O'View Providence Red Wing Rosemont Forest Salem Seatack Shannon Sherry Park Sigma South Beach Francis Asbury United Methodist Church Green Run Elementary School Holland Elementary School Providence Presbyterian Church St. Nicholas Catholic Church Kingston Elementary School Shelton Park Elementary School Landstown Community Church St. Andrews United Methodist Church The Evangelical Lutheran Church of the Good Shepherd St. Aidan's Episcopal Church London Bridge Baptist Church Grace Bible Church Roma Lodge No. 254 Malibu Elementary School Pembroke Meadows Elementary School Windsor Woods Elementary School Galilee Episcopal Church Ocean Lakes Elementary School Bayside Christian Church Scott Memorial United Methodist Church Old Donation Center for Gifted Pembroke Elementary School Lynnhaven Elementary School Point O'View Elementary School Kempsville Recreation Center Fire Training Center Rosemont Forest Elementary School Salem Baptist Church Seatack Elementary School Church of the Ascension St. Matthews Catholic Church Tabernacle United Methodist Church Virginia Beach Center for the Arts 2 75 76 77 78 79 8O 81 82 83 84 85 86 Stratford Chase Thalia Thoroughgood Timberlake Trantwood Windsor Oaks Witchduck Wolfsnare Woodstock Central Absentee Voter Election District Providence Elementary School Thalia Elementary School Independence Middle School White Oaks Elementary School Virginia Beach Christian Church Windsor Oaks Elementary School Bayside Presbyterian Church Eastern Shore Chapel Avalon Church of Christ Agriculture/Voter Registrar Building 87 88 89 These changes will become effective following their approval by the U. S. Department of Justice pursuant to the Voting Rights Act of 1965, as amended. 90 91 this Adopted by the City Council of the City of Virginia Beach on 8 day of Au§ust 1995. 92 93 94 95 CA-6037 DATA/ORDIN/PROPOSED/10-1. ORD JULY 17, 1995 R-2 APPROVED AS TO CONTENT Voter Registrar APPROVED AS TO LEGAL SUFFICIENCY Department of Law - 22 - Item IV- I~ 2. ITEM # 39594 ORDINANCES/RESOL UTIONS Upon motion by Councilman Harrison, seconded by Council Lady Strayhorn, City Council ADOPTED: Ordinance to AMEND and REORDAIN Sections 21-364, 21-371, 21-405 and 21-440.9; and, DELETE Section 21-404 of the Code of the City of Virginia Beach re parking violations. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 21-364, 21-371, 21-405, AND 21-440.9, AND TO DELETE SECTION 21- 404 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA PERTAINING TO PARKING VIOLATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: Sec. 21-364. General parking prohibitions: Denalties for violation. (a) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) Within fifteen (15) feet of a fire hydrant. (2) Within any designated fire lane. (3) At any place so as to block any fire department connection. (4) Within fifteen (15) feet of the driveway entrance to any fire station and, on the side of a street opposite the entrance to any fire station, within seventy-five (75) feet of the entrance, when properly signposted. (5) Within fifteen (15) feet of the entrance to a building housing rescue squad equipment or ambulances, provided such buildings are plainly designated. (6) In front of a public or private driveway. (7) Within an intersection. (8) On the roadway side of any vehicle parked at the edge or curb of a street (double parking). (9) Upon any bridge or other elevated structure upon a street or highway or within a tunnel. (10) On the left-hand side of roadway of a two-way street. (11) At any place so as to impede or render dangerous the use of any street or highway. 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 (11 At any place, angle parked or perpendicular to a curb, unless street markings permit. (12) On any street or highway or any city parking lot, displaying a sign or lettering indicating that the vehicle is offered for sale or rent. (c) No person shall park on any street or highway, or on any city parking lot, any vehicle which fails to display one or more of the following: (1) A valid local vehicle license decal as required by section 21-72. (2) A valid state vehicle safety inspection decal. (3) Valid state license plates. ~ (d) When a notice or citation is attached to a vehicle found parked in violation of any provision of this section, the owner of the vehicle may, within fourteen (14) calendar days thereafter, pay to the city treasurer, in satisfaction of such violation, a penalty of fifteen dollars (15.00), for a violation of any provision of subsection (a) or (c), or ten dollars (10.00) for a violation of any provision of subsection (b), for each hour or fraction thereof during which such vehicle was unlawfully parked. Such payment shall constitute a plea of guilty of the violation in question. If such payment is not postmarked or received by the city treasurer within fourteen (14) calendar days after receipt of such notice or citation, the penalty shall be thirty dollars ($30.00) for a violation of any provision of subsection (a) or (c) of this section and twenty dollars ($20.00) for a violation of any provision of subsection (b) of this section. ~-b~e) The failure of any owner to make payment in accord with subsection (c) above or present the notice or citation for a violation of this section at an office of the city treasurer for certification to the general district court, within thirty (30) days shall render such .......... ~~ ~ .... ~ --~~ , owner, ~ ................................ , subject to a fine of not more than fifty dollars ($50.00), in addition to the penalty prescribed by subsection (d). 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 Sec. 21-371. Parking in space reserved for persons with disabilities. (a) It shall be unlawful for any person to park any vehicle in a parking space reserved for persons with disabilities which limit or impair their ability to walk, unless such vehicle is displaying disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard or a temporary removable windshield placard issued under Code of Virginia, section 46.2-731; or DV disabled license plates issued under Code of Virginia, section 46.2-739, subsection B. Spaces reserved for persons with disabilities shall be identified by above grade signs in accordance with the provisions of Code of Virginia, section 36-99.10. The words, ''Minimum penalty for violation $50.00 ($100.00),'' may be posted on an accompanying sign. (b) It shall be unlawful for any person without a disability which limits or impairs his or her ability to walk to park a vehicle with disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard or a temporary removal windshield placards in any parking space reserved for persons with disabilities which limit or impair their ability to walk, except when transporting such a disabled person in the vehicle. ~ (c) Any operator of a motor vehicle parked in violation of this section in a parking space reserved for disabled persons on public property or at a privately owned parking area shall be subject to a fine of not more than two hundred and fifty dollars ($250.00) and may be issued a summons or parking ticket, without the necessity of a warrant being obtained by the owner of such private parking area obtaining a warrant. ~e+ (d) When a notice or citation is attached to a vehicle found parked in violation of this section, the owner of the vehicle may, within fourteen (14) calendar days thereafter, pay to the city treasurer, in satisfaction of such violation, a penalty of fifty dollars ($50.00) one hundred dollars ($100.00). Such payment shall constitute a plea of guilty for the violation in question. If such payment is not postmarked or received by the city treasurer within 4 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 fourteen (14) calendar days of the city after receipt of such notice or violation, the penalty shall be cnc two hundred dollars '~ ~' $200 00) The failure of any owner to make payment as prescribed above, or to present the notice or citation for a violation of this section at an office of the city treasurer for certification to the general district court, within thirty (30) days, shall render such owner, upon conviction of such violation, subject to a fine of not more than two hundred fifty dollars ($250.00). q,d, ,.i. v person '-'~ .... "~ any yah~^ ~ ";~~^~ ~ .... prcvis~'~- vv Z A ',,.~ .L~/t..~ J.. J~. ~.~ .i. ,~.~ .&. %.. .L.&Z V .A, ~,.~ .J.. t.,~ t....I. ,~,~ & & ~,./ .Z. q.A & A.A~ ........... an vch clc ....... · .... o~ · · · Sec. 21-405. Prepayment of penalty for parking in metered spaces in violation of division. (a) When a notice is attached to a vehicle pursuant to section 21-403, the owner of the vehicle may, within fourteen (14) calendar days thereafter, pay to the city treasurer, in satisfaction of the violation for which the notice was given, a penalty of twelve dollars ($12.00) for each hour or fraction thereof during which such vehicle occupied a parking meter space illegally. Such payment shall constitute a plea of guilty to the violation in question. If such payment is not postmarked or received by the city treasurer within fourteen (14) calendar days after receipt of such notice, the penalty for each hour or fraction thereof during which such vehicle occupied a parking meter space illegally shall be twenty-four dollars ($24.00). (b) The failure of any owner to make payment in accord with subsection (a) above or present the citation or notice of violation at any office of the city treasurer for certification to the general district court, within thirty (30) days, shall render such 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 (b) No person shall park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or traffic-control device, in any of the following places: (1) On a sidewalk. (2) On a crosswalk. (3) Within twenty (20) feet of a crosswalk at an intersection; provided, however, that where there is no crosswalk at an intersection, no person shall so park a vehicle within twenty (20) feet from the intersection of curb lines or, if none, then within fifteen (15) feet of the intersection of property lines. (4) Within thirty (30) feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway. (5) Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official signs or markings. (6) Within fifty (50) feet of the nearest rail of a railroad grade crossing. (7) Alongside or opposite any street excavation or obstruction, when such parking would obstruct traffic. (8) At any place where official signs prohibit, reserve or restrict parking. (9) In a residential or apartment district (area), if such vehicle is a commercial vehicle in excess of twenty (20) feet in length and/or seven (7) feet in height. This restriction shall not apply to commercial vehicles parked while engaged in the normal conduct of business or in the delivery or provision of goods or services in a residential or apartment district (area). (10) At any place so as to prevent the use of a curb ramp located on public property or on privately owned property open to the public. 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 owner ~ .................................... ~, ...... ...... ~'~A~ ~ ..... ~"^- 21-4~A a fine of not more than fifty dollars ($50.00) in addition to the penalty set forth in subsection · · · Sec. 21-440.9. Vio'-~iv...-.---= Penalties for violation of residential parking restrictions. . (a) When a notice or citation is attached to a vehicle parked in violation of section 21-440.4, the owner may within fourteen (14) calendar days thereafter, pay to the city treasurer, in satisfaction of such violation, a penalty of twenty-~ive dollars ($25.00). If such payment is not postmarked or received by the city treasurer within fourteen (14) calendar days after receipt of such notice or citation, the penalty therefore shall be fifty dollars ($50.00). Additionally, any vehicle parked in violation of section 21-440.4 may be towed at the direction of a law enforcement officer. (b) The failure of any owner to make payment in accordance with subsection (a) above or to present the notice or citation fo~ a violation of section 21-440.4 at an office of the c~ty treasurer for certification to the general district court within thirty (30) days, shall render such owner subject to a fine of not more than fifty dollars ($50.00), in addition to the penalty set forth in subsection (a), above. ~4~ (c) A violation of section 21-440.7 or 21-440.8 shall be punishable by a fine in an amount not to exceed one hundred dollars ($100.00). 209 210 211 212 213 214 Adopted by the Ci~guCs~uncil of the City of Virginia Beach on this o day of 1995. CA-5839 DATA/ORDIN/PROPOSED/21-364ET.ORD JULY 24, 1995 R5 APPROVED AS TO CONTENT: KPPROVED AS TO LEGAL SUFFICIENCY: - 23 - Item IV-K. 3. CONSENT AGENDA ITEM # 39595 ORDINANCES/RES OL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant from the Virginia Department of Transportation (I/DOT) to the Department of General Services FY 1995-1996 Operating Budget re alternative fuels project. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $75,000 GRANT FROM THE VIRGINIA DEPARTMENT OF TRANSPORTATION TO THE DEPARTMENT OF GENERAL SERVICES FY 1995-96 OPERATING BUDGET FOR AN ALTERNATIVE FUELS PROJECT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 WHEREAS, the Clean Air Act passed by the United States Congress requires localities to develop strategies for the use of alternative fuels; WHEREAS, funds are available from the Virginia Department of Transportation (VDOT) to set up projects to assist localities in this effort; WHEREAS, the City of Virginia Beach has applied for and been chosen to receive such an alternative fuels grant from VDOT in the amount of $75,000; and WHEREAS, VDOT has submitted an Agreement for Services which the City must execute in order to obtain these grant funds; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby accepts and appropriates a grant in the amount of $75,000 from the Virginia Department of Transportation to the Department of General Services FY 1995-96 Operating Budget for an alternative fuels project. BE IT FURTHER ORDAINED: That the City Manager is hereby authorized and directed to execute, on behalf of the City of Virginia Beach, an Agreement for Services with VDOT for participation in an alternative fuels project which agreement shall contain substantially the same terms and conditions as those set forth in the attached draft agreement entitled "Commonwealth of Virginia Department of Transportation (VDOT) Alternative Fuels Revolving Fund Agreement for Services." BE IT FURTHER ORDAINED: That estimated revenues from the Commonwealth of Virginia are hereby increased by $75,000. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of August 1995 36 37 38 39 40 41 CA95-6029 \noncode \vdot. ord 07/06/95 R-2 PREPARED: 07 / 21 / 95 APPROVED AS TO CONTENT Management Services ~ APPROVED AS TO LEGAL SUFFICIENC~ Agreement # 95-2 COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION (VDOT) ALTERNATIVE FUELS REVOLVING FUND AGREEMENT FOR SERVICES A. Scope of Services The City of Virginia Beach (the City) shall perform an alternative fuel project which w~ll include I Constructing (or have under contract to construct), by December 31, 1995, one compressed natural gas (CNG) fast-fill refueling facility and appurtenances. 2 Monitoring and evaluating fuel consumption, m~leage data, and maintenance and repair costs collected from the vehicle for a minimum of 12 months after the vehicle ~s placed in service Such data should be evaluated in comparison to the vehicle in a convenbonally powered (d~esel or gasoline) form This paragraph applies only if paragraph I includes vehicles. 3 Ensuring that vehicle conversions are in accordance with the prowsions of ~16.2-1048 of the Code of Virginia, which regulates emission control equipment modifications 4 Providing VDOT w~th quarterly progress reports, energy savings and cost sawngs data resulting from th~s project, and a final report summarizing the cost and energy savings resulting from the project 5 Ensuring appropriate public awareness of the grant through use of the local med~a. Vehicles (except school buses) shall also have affixed front and rear identifying bumper sbckers to be provided by VDOT. AGREEMENT FOR SERVICES, cont'd B. A~reement Document_s_ _ The AGREEMENT FOR SERVICES documents shall consist of: 1. This form, when executed; and 2. The applicant's PROJECT APPLICATION FORM, inclusive of any modifying addenda, e g, altering of the proposal, amount of grant request etc. all of which are documents incorporated herein. C. Financial Arrangements VDOT will reimburse the City an amount not to exceed $75,000 for the costs of this project as specified ~n §A 1 of this AGREEMENT. Request for reimbursement shall include an ~nvo~ce showing payment by the City of all project-related costs covered by this AGREEMENT Payment by VDOT will be made within 30 days of receipt of an approved invoice and necessary documentation Reimbursement requests from jurisdictions located Jn the Northern Virginia air quality non-attainment area must ~nclude verification that conversion kits and ~nstallers or original equipment manufacturer (OEM) vehicles meet U.S. Environmental Protection Agency (EPA) and/or California A~r Resources Board (CARB) certification. D. Time Frame All work under this AGREEMENT shall be completed on or before December 31, 1996 unless grunted a written extension by the Commonwealth Transportation Commissioner E. Monitorincl During the time frame of this AGREEMENT, VDOT reserves the right to monitor the financial and programmatic records maintained for this project. AGREEMENT FOR SERVICES, cont'd F. Subcontractinq Any subcontracting pursuant to this AGREEMENT will be in accordance with the Virginia Public Procurement Act and any other applicable laws governing public contracts. G. Compliance with Federal Rules and Requlations_ To the extent required by law, any services or any activities performed pursuant to this AGREEMENT will be made in accordance with the U.S. Department of Energy Financial Assistance Rules (10 CFR PART 600) and OMB CIRCULAR (A-128). City of Virginia Beach David R Gehr Commonwealth Transportation Commissioner TItle Date Date APPROVED AS TO CONTENTS , - 24 - Item IV-IC 4. CONSENT AGENDA ITEM # 39596 ORDINANCES/RES OL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baurn, City Council ADOPTED: Ordinance to TRANSFER $35,000 from the General Fund Reserve for Contingencies to the Czty Attorney's FY 1995-1996 Operating Budget to enable the City to engage the services of an Election Data Specialist re the reapportionment process 1 O- 0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E. Oberndorf, Nancy IcL Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE AUTHORIZING THE TRANSFER OF $35,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE CITY ATTORNEY'S FY 1995- 96 OPERATING BUDGET TO ENABLE THE CITY TO ENGAGE THE SERVICES OF AN ELECTION DATA SPECIALIST WHEREAS, during its 1995 Session, the General Assembly amended the City's councilmanic electoral plan by providing that the City shall be divided into seven (7) residence districts of approximately equal population, and further providing that on or before March 1, 1996, the boundaries and names of such districts shall be established by ordinance; and WHEREAS, the City Attorney has advised that the services of an election data specialist are necessary to enable City Council to properly review proposed plans and to determine whether or not such plans comply with Voting Rights Act and Department of Justice requirements. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby authorizes the transfer of $35,000 from the General Fund Reserve for Contingencies to the City Attorney's FY 1995-96 Operating Budget to enable the City to engage the services of an election data specialist to assist the City in the reapportionment process. Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of August 1995 27 28 29 30 CA-6044 ORDIN~NONCODE~ELECTION.ORD R-1 PREPARED: 08/02/95 APPROVED AS TO CONTENT Management Services APPROVED AS TO LEGAL -O~partment of Law Item IV-K. 5. CONSENT AGENDA ITEM it 39597 ORDINANCES/RESOL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council AUTHORIZED: Cash payment in lieu of park dedication from Larkspur Farms, as consistent with the 21 February 1995 City Council approved Policy for Cash Payments in Lieu of Open Space Dedications of less than one acre. 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold He~schober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. August 8, 1995 CITY OF VIRGINIA BEACH Parks and Recreation/Administration Mumclpai Center Virg~ma Beach, VA 23456 Phone: (804) 563-1100/Fax (804) 563-1130 SECTION 4.5 OF THE SUBDIVISION ORDINANCE CASH PAYMENT IN LIEU OF PARK RESERVATION PLANNING/DSC FILE # E08-308 SUBDIVISION NAME: Larkspur Farms PLANNING AREA: Kempswlle ZONING: R-10 (location map attached) (stabstical analysis attached) SUBDIVISION ACREAGE FOR DEDICATION CALCULATION' 13.0989 acres DEDICATION REQUIREMENT: 52 acre (.08 x 13.10/2 = .52) ASSESSED VALUE PER ACRE: $19,985 (assessment attached) ASSESSED VALUE FOR DEDICATION REQUIREMENT' $10,392 ($19,985 x .52) ("dedication requirement" x "assessed value per acre") The undersigned representing L~¢~'~r.x~' ~"~-/L.L.d does hereby agree th~s date, 0'~'/~/¢?~'-" , to the following cash payment in lieu of park reservation: Parks and Recreabon Estate A ib/ubhc Works/F~eal Estate Planning/DSC? ~'Attorney s 0f~e /kcf (6/6/95) Attachments CITY OF VIRGINIA BEACH PARKS AND RECREATION PARKLAND STATISTICAL ANALYSIS Proposed Subdivision (Larkspur Farms) - James F. Krahenbill Property Adjacent to Larkspur Middle School (1~.0989 Acres); GPIN #1476-34-2659; Map Book 220, Pages 87 & 88; .52 Acre Park Dedication Requirement Kempsville Pl~ingArea 958440 Statistical Area (Park Standard = 4 acres per 1,000 population) Population: Park Standard (acres): Neighborhood/Community Parks (acres): Schools (acres): Kempsville Meadows ES Quasi-Public (acres): Kempsville Greens Total Acres: SURPLUS/(DEFICIT) ACRES: /kcf 11/18/94 1,733.00 Kempsville Planninq Area/Statistics 89,665.00 1.10 40.06 6.61 492.51 .31 133.83 5.51 174.65 0.00 277.80 6.92 358.68 CITY OF VIRGINIA BEACH Parks and Recreabon/AdmmzstraUon Mumc~pal Center V~rloma Beach, VA 23456 Phone: (804) 563-1100/Fax (804) 563-1130 NOV ~S 1994 November 18, 1994 OFF]CE OF THE REAL ESTATE ASSESSOR TO: Jerald D. Banagan, City Assessor FROM: J. Barry Frankenfield, Parks and Recreation Planner~_-~ SUBJECT: Cash in Lieu of Park Reservation for Larkspur Farms Subdivision (Krahenbill property); 13.0989 acres in the Kempsville Planning Area I have received a request for a cash payment in lieu of park dedication. The dedication requirement is .52 acre. The assessed value of the property is $19,985/acre. The recommended payment is $10,392. The statistical analysis of the site and assessment information is attached. Please sign below and return if you concur that the current assessed land value for this property is $19,985 per acre. Thank you for your assistance. rald D. Bana~an, C~ssessor JBF/kcf Attachments C: Susan Do Walston, Director of Parks and Recreation Ray A. Emerson, Parks Administrator Joe Pulley, Planning/DSC City Council Policy T~tle: Cash Payment in Lieu of Park Reservation Date of Adoption: I Date of Revision' I Index Number: 3 01 Page 1 of 2 1.0 Purpose and Need for Policies and Procedures Section 4.5 of the Subdivision Ordinance, Public S,tes and Open Spaces, has been used as the tool to acquire neighborhood parks and open space In developing areas. Section 4.5 is also a tool for acquiring sensitive environmental land. It requires the developer to reserve a parcel of land for open space and recreational purposes according to a formula based on lot size. The City has the option of purchasing th~s reserved land within five years at current market value. The following alternatives to reservation are currently available in the Subdivision Ordinance: Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement specified ~n the Subd~wsion Ordinance. Other Arrangements: Other mutually agreeable arrangements approved by City Councd which could ~nclude a cash payment. Homeowners' Association: Estabhsh a homeowners' assomatlon which would own the property and would constitute an equivalent recreational amemty. As noted, Section 4.5 of the Subdivimon Ordinance allows for cash payments as an alternative to reservations. Cash payments in heu of a reservation or dedication ~s desirable when the dedication requirement ~s small (less than one acre) or due to an analysis of ex~sting open space/recreation amenities in relation to standards based on population, it is determined that additional land is not needed. This pohcy ~s needed to clarify the process and value for determining cash payments to ensure a consistent and equitable approach for cash payments. This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the cash payments are to be designated for ~mprovements within the planning area of the developing subdiv~mon. 2.0 Policy Cash payments are recommended as an acceptable alternative to dedication of open space area when the dedication requirement ~s such that the resulting park space would not be a useful amemty based on statistical criteria and standards used for acquisition of park space (generally less than one acre) All cash ~n lieu of payments are to be determined by the City Real Estate Assessor and based on the dedication requirement multiplied by the assessed land value. In the case where a property t~as a current land value and market value due to land use taxation for qualifying farm and reforested property, the market value will be used to determine the cash payment. Cash payments wdl be due upon approval by City Councd unless other arrangements are approved by City Council. 3.0 Procedure to Accomplish Policy Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the Subdivision Ordinance. The procedures and pohc~es are in place to determine the reservation or dedication requirement. The assessed value of properties is determined by the City Assessor's Office. 4.0 Responsibility and Authority The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments. Representat,ves from the Department of Parks and Recreation, Public Works/Real Estate, City Assessor's Office, Department of Planmng, and the City Attorney's Office will review cash in lieu of payments. The City Assessor's Office wdl determine the assessed land value. The Director of Parks and Recreation wdl review the proposal for cash ~n lieu dedicatmn/reservat~on agmnst the City's Outdoors Plan and attach a s~gned finding of conformity/compliance with the Plan. 5.0 Definitions Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is one half of the reservation requirement. Assessed Value: Current monetary value of the property as determined by the City Assessor's Office. 6.0 Specif. ic Requirements All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision Ordinance. Staff will provide statistical analysis, apprmsal information, calculation of the cash payment, and agreement from the developer. A cash in lieu of form and agreement wdl be used in this process (see attached). These ~tems are to be ~ncluded in the Agenda Request for approval of the cash payment. to Content: Director/Administrator Date Approved as to Legal Sufficiency: Reviewed by: APPROVED BY CITY COUNCIL: City Attorney C~anager Date ~' J Date CITY OF VIRGINIA BEACH Parks and Recreation/Admimstration Municipal Center VIr~ma Beach, VA 23456 Phone: (804) 563-11001Fax (804) 563-1130 SECTION 4.5 OF THE SUBDIVISION ORDINANCE CASH PAYMENT IN LIEU OF PARK RESERVATION PLANNING/DSC FILE #: SUBDIVISION NAME: PLANNING AREA: ZONING: TOTAL SUBDIVISION ACREAGE/AVERAGE LOT SIZE: (location map attached) (statistical analysis attached) DEDICATION REQUIREMENT: ("total acreage" x"_"%) ASSESSED VALUE PER ACRE: (assessment attached) ASSESSED VALUE FOR DEDICATION REQUIREMENT: ("dedication requirement" x "assessed value per acre") The undersigned representing does hereby agree this date, , to the following cash payment in lieu of park reservation: Company Representative/title Parks and Recreation Real Estate Assessor Planning/DSC Public Works/Real Estate /kcf (12/8/94) Attachments City Attorney's Office - 26 - Item IV- K 6a. CONSENT AGENDA ITEM # 39598 ORDINANCES/RESOL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council DEFERRED TO THE 22 AUGUST 1995 CITY COUNCIL SESSION: Resolution re issuance of Virginia Beach Development Authority's multi-family rental housing revenue bonds: Sunstates House, L.P. Not to exceed $7,300,000 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 27 - Item IV-K. 6b. CONSENT AGENDA ORDINANCES~RESOLUTIONS ITEM # 39599 Upon motion by Council Lady Parker, seconded by Councilman Baurn, City Council ALLOWED WITHDRAWAL: Resolution re issuance of Virginia Beach Development Authority's multi-family rental housing revenue bonds: National Housing and Health Care Trust, Inc. Not to exceed $3,500,000 10-0 (By ConsenO Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 28 - Item IV-K. Z CONSENT A GEND,4 ITEM # 39600 ORDINANCES/RES OL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED: Resolution to authorize the City Manager to initiate the Procurement Process for the remaining portions of the Lake Gaston Water Supply Project. 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy ~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO INITIATE THE PROCUREMENT PROCESS FOR THE REMAINING PORTIONS OF THE LAKE GASTON WATER SUPPLY PROJECT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, on February 11, 1992, the City Council declared that there existed within the City of Virginia Beach an emergency arising out of a shortage of public water supplies; and WHEREAS, pursuant to that declaration of emergency, the City Council imposed severe restrictions upon the use of public water supplies and upon new connections to the City water supply system pending completion of the Lake Gaston Water Supply Project; and WHEREAS, because the Lake Gaston Project has not been completed in the period three and one-half years which has passed since the imposition of the aforesaid restrictions, the state of emergency still exists; and WHEREAS, the Lake Gaston Project has been the subject of many judicial and administrative decisions, over the course of more than a decade, establishing and confirming that the Project will not cause any significant adverse environmental, socioeconomic or other impacts, and that the Project is fully justified and in the best interests of the public; and WHEREAS, the remaining administrative approval needed for construction of the Project was granted by the Federal Energy Regulatory Commission on July 26, 1995; and WHEREAS, the only means by which the City can obtain a safe, reliable and sufficient supply of water at a reasonable cost is by completing the Lake Gaston Project; and WHEREAS, the occurrence of a drought during the time preceding the completion of the Lake Gaston Project will cause great hardship and serious risk to the health and well-being to the residents and businesses of the City; and WHEREAS, even in the absence of a drought, the City and its citizens and businesses will continue to suffer adverse effects 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 from the absence of a sufficient supply of water until the Lake Gaston Project has been completed; and WHEREAS, in order to expedite, to the greatest practicable extent, the completion of the Lake Gaston Project, it is necessary at this time to initiate the procurement process required by law for the award of construction contracts for the remaining portions of the Project; and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager be, and hereby is, authorized and directed forthwith to initiate the procurement process, and to take all necessary measures in accordance with applicable law and established procurement practices of the City, in connection with contracts for the construction of the remaining portions of the Lake Gaston Water Supply Project, through and including the tendering of recommendations to the City Council concerning the award of each such contract. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That no such contract shall be awarded except by formal action of the City Council taken at a public meeting. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on this E~§hth day of Au§ust , 1995. 58 59 60 61 CA-95-6043 \wmordres \ gaston, res R-1 8-2-95 APPROVED~i,,~ ~) ,AS TO~ APPROVED AS TO LEGAL SU CY - Department of Law - 29 - CONSENT AGENDA ITEM # 39601 ORDINANCES/RESOL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baurn, City Council ADOPTED: Resolution to establish Virginia Beach Community Criminal Justice Board. 10-0 (By Consent) Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis IL Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 A RESOLUTION ESTABLISHING THE VIRGINIA BEACH COMMUNITY CRIMINAL JUSTICE BOARD WHEREAS, the Virginia General Assembly has adopted legislation entitled the Comprehensive Community Corrections Act for Local Responsible Offenders (Sections 53.1-180 et seq. of the Code of Virginia) and the Pretrial Services Act (Sections 19.2-152.2 et seq. of the Code of Virginia), both of which, as amended, became effective July 1, 1995; WHEREAS, the Virginia Beach Community Diversion Incentive Program and Pretrial Services Program have in the past provided the judicial system with sentencing alternatives for certain misdemeanants and persons convicted of non-violent felonies; and WHEREAS, Sections 53-1.183 and 19.2-152.5 of the Code of Virginia provide that each city establishing a community corrections program and pretrial services program shall also establish a community criminal justice board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That, pursuant to the Comprehensive Community Corrections Act for Local Responsible Offenders and the Pretrial Services Act, City Council hereby establishes, effective upon adoption of this Resolution, the Virginia Beach Community Criminal Justice Board (the "Board"). In accordance with these Acts, the Board shall include the Chief Judge of the Circuit Court or his designee; the Chief Judge of the General District Court or his designee; the Chief Judge of the Juvenile and Domestic Relations District Court or his designee; the Chief Magistrate; the Chief of Police; the Commonwealth's Attorney or his designee; the Public Defender or his designee; the Sheriff or his designee; the Superintendent of City Public Schools or his designee; and a representative of the Virginia Beach Community Services Board. Additional members shall include the City Attorney or his designee; the Director of Social 34 35 36 37 38 39 40 41 42 43 44 45 Services or his designee; a representative of the Office of the City Manager; and two citizens at large designated by the City Manager and appointed by the Council. Of citizens at large first appointed, one shall be appointed to serve for two years and one for three years. Thereafter both shall be appointed for terms of three years. 2. That the Board shall have the powers and duties prescribed by the Comprehensive Community Corrections Act for Local Responsible Offenders and the Pretrial Services Act. 3. That the City of Virginia Beach shall act as the administrator and fiscal agent for the funds awarded for purposes of implementing the City's community corrections programs. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 8 day of August , 1995. 48 49 50 51 52 53 54 55 56 57 CA-6030 ORDIN \NONCODE \ JUSTI CE \ RES R-5 JULY 28, 1995 APPROVED AS TO CONT~..~..NT Offic~o~l~ (~ty Mah"'ff-age'r'- v - APPROVED AS TO LEGAl., SUFFICIENCY Department of Law Members Local Criminal Justice Board Office Phone Fax Number Number Robert Matthias Judge Dale Bimson Judge Alan Rosenblatt Judge Ronald H Marks Mr Reeves E Johnson Mr Ernest T. Buchanan Captain Steven M Wilke Ms. Pamela H Albert Mr David Ennis Mr. Bill Byman Mr Robert Hill Chief Charles R Wall Mr Frank Buck Mr. Wylie French Mr. Daniel M. Stone City Manager's Office General District Court Circuit Court Juvenile & Domestic Relations Court Citizen (lqom±nee) Citizen (t~om±nee) Sheriff's Department Commonwealth's Attorney Public Defenders' Office City Attorney's Office Magistrate's Office Police Department Community Services Board School Administration Social Services 427-4242 427-4135 427-8783 563-1065 427-4262 426-5860 427-4391 426-5683 428-2201 --- 427-7244 427-0418 427-4920 427-2606 427-8651 427-9647 427-4675 427-4884 427-4531 426-5687 427-8969 426-5815 427-4141 427-9163 473-5667 490-5736 427-4540 426-5680 437-3201 427-3300 Staff Support: Catheryn R. Whitesell Management Services 427-4593 426-5875 - 30 - Item IV-l~9. a. CONSENT AGENDA ITEM # 39602 ORDINANCES~RES OL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council DEFERRED TO THE 5 SEPTEMBER 1995 CITY COUNCIL SESSION: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Ocean Front Limousine 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 31 - Item IV-I~9. b/c. CONSENT AGENDA ITEM # 396O3 ORDINANCES/RESOL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: Yellow Cab of Virginia Beach, Inc. Beach Taxi, Inc. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Itarold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 32 - Item IV-K. IO. CONSENT AGENDA ITEM # 39604 ORDINANCES/RESOL UTIONS Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED: Ordinance authorizing tax refunds in the amount of $2,222.71 upon application of certain persons and upon Certification of the City Treasurer for payment. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. August 8, 1995 "ORM NO C A 7 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the follow~ng applications for tax refunds upon certification of the Treasurer are hereby approved: NAHE Tax Type Ticket Exonera- Date Penalty Int. Year of Tax Number tton No. Paid Total Dominion Property Dinsmore, Evans & Dinsmore, Din smo re, Dinsmore, Dinsmore, Dinsmore, Dinsmore, Dinsmore, Dinsmore, Dinsmore, Dinsmore, Dinsmore, Oinsmore, Dinsmore, Dinsmore, Dinsmore, D in smo re, Dinsmore, Dinsmore, Dinsmore, Dinsmore, Inc. 95 RE(l/2) 036758-4 12/5/94 Bryant 95 RE(l/2) 003425-7 4/21/95 Evans & Bryant 95 RE(l/2) 007484-6 4/21/95 Evans & Bryant 95 RE(l/2) 007483-7 4/21/95 Evans & Bryant 95 RE(l/2) 016606-0 4/21/95 Evans & Bryant 95 RE(l/2) 016605-1 4/21/95 Evans & Bryant 95 RE(l/2) 031891-3 4/21/95 Evans & Bryant 95 RE(l/2) 031892-2 4/21/95 Evans & Bryant 95 RE(l/2) 031890-4 4/21/95 Evans & Bryant 95 RE(l/2) 121666-5 4/21/95 Evans & Bryant 95 RE(l/2) 121667-4 4/21/95 Evans & Bryant 95 RE(l/2) 121674-5 4/21/95 Evans & Bryant 95 RE(l/2) 121673-6 4/21/95 Evans & Bryant 95 RE(l/2) 121668-3 4/21/95 Evans & Bryant 95 RE(l/2) 007480-0 4/21/95 Evans & Bryant 95 RE(l/2) 007486-4 4/21/95 Evans & Bryant 95 RE(l/2) 057485-0 4/21/95 Evans & Bryant 95 RE(l/2) 057486-9 4/21/95 Evans & Bryant 95 RE(l/2) 121669-2 4/21/95 Evans & Bryant 95 RE(l/2) 121671-8 4/21/95 Evans & Bryant 95 RE(l/2) 121672-7 4/21/95 Evans & Bryant 95 RE(l/2) 121675-4 4/21/95 95.17 104.28 95.52 95.92 70.70 94.55 95.74 111.61 94.55 94.55 104.28 104.28 109.40 108.36 105.99 105.99 107.35 107.35 102.57 105.99 105.99 102.57 TOTAL 2,222.7] This ordinance shall be effective from date of adoption. The above abatement(si totaling $2,222.71 were approved by the Council of the City of V~rg~nia Beach on the 8. day of L995 Ruth Hedges Smith C~ty Clerk ed as to y ent; '  ) n . Atkinson, Treasurer Approved as to form. Lesh~ L L,,,~, C'R'y ~ney~ - 33 - Item 1V-L. PUBLIC HEARING ITEM # 39605 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. DAVID EXUM RECONSIDERATION 2. TIDEWATER WESTMINSTER HOME, INC. CONDITIONAL USE PERMIT 3. QUINTON J. FERGUSON (British-European Antique Imports, Ltd.} CHANGE OF ZONING 4. GEORGE PITSILIDES, TRUSTEE OF THE PITSILIDES LAND TRUST STREET CLOSURE 5. BAYVILLE FARMS ASSOCIATES, L.C. VARIANCE 6. THE LITTLE THEATER OF VIRGINIA BEACH CONDITIONAL USE PERMIT 7. TENCH H. PHILLIPS, JR. CONDITIONAL USE PERMIT 8. VIRGINIA BEACH SOCCER JOINT TASK FORCE CONDITIONAL USE PERMIT 9. HERBERT E. AND EVELYN K. DUGRO0 CONDITIONAL CHANGE OF ZONING lO. THOMAS R. GIROUX (British-European Antique Imports, Ltd.) CHANGE OF ZONING 11. SEELAKE ASSOCIATES VARL4NCE CHANGE OF ZONING 12. DALE CULVER HENNING CHANGE OF ZONING August 8, 1995 - 34 - Item IV-L. PUBLIC HEARING ITEM # 39606 PLANNING B Y CONSENT Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED in ONE MOTION Items 2, 3, 6, 7, 10, 11 and 12 of the PLANNING BY CONSENT AGENDA. Item 2 was APPROVED for DEFERRAL to August 22, 1995. Item 3 was APPROVED for WITHDRAWAL. Item 10 was APPROVED for DEFERRAL to September 12, 1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 35 - PUBLIC HEARING ITEM it 396O7 PLANNING A motion was made by Councilman Dean, seconded by Council Lady Henley to DENY RELEASE FROM THREE CONDITIONS upon application of DAVID EXUM for a Change of Zoning District Classification from AG-2 Agricultural District to B-1 Business Residential District imposed in the 19 January 1981 approved Application (Webb Deaver, Jr., and Marie Deaver). Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Branch, City Council AUTHORIZED RELEASE FROM THREE CONDITIONS upon application of DAVID EXUM for a Change of Zoning District Classification from AG-2 Agricultural District to B-1 Business Residential District imposed in the 19 January 1981 approved Application (Webb Dearer, Jr., and Marie Dearer). Application of DA VID EXUM for reconsideration of conditions (Release from three (3) conditions) placed on the January 19, 1981, approved Change of Zoning Distrtct Classification from AG-2 Agricultural District to B-1 Business Residential District at 2624 Princess Anne Road (Webb Dearer, Jr, and Mane Dearer) 2624 Princess Anne Road, containing 0.410 acre (PRINCESS ANNE BOROUGH). The three con&tions to be released are: 1. Standard improvements as required by the Site Plan Ordinance. 2. City water and sewer. Right-of-way improvements will be necessary along Princess Anne Road; this includes pavement widening, curb and gutter, sidewalk and drainage facdities. Voting: 6-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, and Louisa M. Strayhorn Council Members Voting Nay: Robert IC Dean, Barbara M Henley, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr August 8, 1995 - 36 - Item IV-L.Z PUBLIC HEARING ITEM it 39608 PLANNING Correspondence from Attorney R. J. Nutter requesting DEFERRAL is hereby made a part of the record. Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council DEFERRED until the City Council Session of August 22, 1995: RECONSIDERATION: Application of TIDEWATER WESTMINSTER HOMES, INC., for a Conditional Use Permit for a home for the aged at the Southwest corner of Shore Drive and Sunstates Court, containing 1.891 acres (LYNNHAVEN BOROUGH)-- (approved by City Council 27 June 1995). (Sponsored by Councilman Robert IC Dean) Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 37 - Item IV-L. 3. PUBLIC HEARING ITEM # 39609 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ALLOWED WITHDRAWAL of application of QUINTON J. FERGUSON for an enlargement of a non-conforming use. Application of Quinton J. Ferguson for an enlargement of a non- conforming use at 5321 Northampton Boulevard, containing 4.78 acres (BA YSIDE BOROUGH) NO ACTION BY CITY COUNCIL IS REQUIRED. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 38 - Item IV-L. 4. PUBLIC HEARING ITEM # 39610 PLANNING The following spoke in SUPPORT of the application: Attorney Charles Salle', 192 Ballard Court, represented the applicant Tom Hansen, 192 Ballard Court, represented the applicant Paige O'Shaughnessy, 2217 Trant Lake Drive, Laurel Cove, Phone: 496-9479 Tim O'Shaughnessy, 2217 Trant Lake Drive, Laurel Cove, Phone: 496-9479 R. E. "Mike" O'Shaughnessy, 3145 Paige Avenue, Pattie Brogan, 8105 Atlantic Avenue, Phone: 425-0404 Michael R. Greaney, 2977 Lynnhaven Drive, Phone: 481-3028 Wendy S. Keller, 3717 Beacon Lane, Phone: 340-4079 Bill Buono, 3109 Lynnhaven Drive, Phone: 481-1740, represented the Great Neck Association of Civic Leagues Kenneth Scandell, 2325 Estuary Court, Phone: 481-1568 Kathleen Hutton, 2977 Lynnhaven Drive, Phone: 481-3028 Kdt Callahan, 3145 Page Avenue, Phone: 481-4349 The following spoke in OPPOSITION to the application: Attorney Michael Inman, presented petitions in OPPOSITION to a pedestrian access easement. Said petitions are hereby made a part of the record. Dr. Greg Morando, 2302 Page Court/152 Leslie Drive, Hubert, North Carolina 28539, Phone: 910 326- 4324 Greta Snidow, Post Office Box 5672. Phone: 481-5633 Maria Morando, 2302 Page Court, 152 Leslie Drive, Hubert, North Carolina 28539, Phone: 910 326- 4324 Lyle C. Snidow, 2306 Page Court, Phone. 481-5633 Upon motion by Councilman Harrison. seconded by Councilman Branch, City Council APPROVED the Petition of GEORGE PITSILIDES, TRUSTEE OF THE PITSILIDES LAND TRUST for discontinuance, closure and abandonment of portions of Kleen Street and Ocean Avenue. Petition of George Pitsilides, Trustee of the Pitsilides Land Trust for the discontinuance, closure and abandonment of the following parcels: Kleen Street: Beginning at the Northwest intersection of Kleen Street and Page Avenue and running in a Northerly direction a distance of 160.49 feet. Ocean Avenue: Beginning at a point 190 feet more or less Northwest of the intersection of Kleen Street and Page Avenue and running in an Easterly direction a &stance of 215 feet more or less, Said parcels contain 0.531 acre. LYNNHAVEN BOROUGH. August 8, 1995 - 39 - Item IV-L. 4. PUBLIC HEARING ITEM # 39610 (Continued) PLANNING The following con&tions shall be required: . The City Attorney's Office shall make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regardtng Purchase of the City's Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the policy are available in the Planning Department. The value of the area to be dedicated as a public access easement will be considered when calculating the purchase price. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. . A seven-foot (7') wide public ingress-egress easement shall be dedicated along the Western property line. However, this easement shall be expanded to a width of ten feet (10') from a point twenty feet (20') to the South of the first ninety-degree turn to a point fifteen feet (15') North of the second turn. This will create a wider accessway through these tight turns. To help create a more open and safe public accessway, the applicant will NOT erect a SOLID six-foot (6') prtvacy fence adjacent to the public access. The fence shall be six feet in height, with the bottom four feet (4') to be solid and the top two feet (2') open lattice work. The applicant is responsible for dedicating easements for any private utilities located right-of-way proposed for closure, if required. appropriate within the Closure of the right-of-way shall be contingent upon compliance with the above-stated conditions within 180 days of the approval by City Council (February 13, 1996). The City Manager was directed to negotiate with the applicant for the construction of a six-foot (6') solid fence and slatted boardwalk to preserve the integrity and privacy of the homeowners at The Dunes. Voting. 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 Item IV-L. 5. PUBLIC HEARING ITEM # 39611 PLANNING Robert Kellam, Kellam-Gerwitz Engineers, 2232 Virginia Beach Boulevard, Suite 108, represented the applicant Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council APPROVED the Application of BAYVILLE FARMS ASSOCIATES, L.C., for a Variance to Section 4.4(d) of the Subdivision Ordinance which requires all lots created by subdivision have direct access to a public street. Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Bayville Farms Associates, L.C. Property is located at the northern extremity of Spring House Trail. BAYSIDE BOROUGH. The following conditions shall be required; . A note must be included on the final plat indicating that no development can occur within the Resource Protection Area on Parcel A-3. 2. Restrictive covenants for Lot ,4-3 indicating that no development can occur within the Resource Protection Area must be submitted for revtew and recorded with the final plat. The Deed Book and Page Number for the covenants must also be included on the final plat. 3. The final plat must also depict the limits of the Resource Protection Area for both lots. Voting: 7-0 Council Members Vottng Aye: John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstatning: William W. Harrison, Jr. Council Members Absent: Linwood O. Branch, III, Robert I~ Dean and Vice Mayor William D. Sessorns, Jr. Councilman Harrison ABSTAINED as his firm represents the applicant. August 8, 1995 - 41 - ]tern IV-L. 6. PUBLIC HEARING ITEM # 39612 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of THE LITTLE THEATER OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE LITI'LE THEATER OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR FACILITIES FOR THE PRODUCTION OF LIVE THEATER R08951976 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA Ordinance upon application of The Little Theater of Virginia Beach for a Conditional Use Permit for facilities for the production of live theater and allied purposes including education tn the theater arts at the northeast corner of Barberton Street and 23rd Street. Said parcel is located at 540-542 Barberton Drive and contains 9,063 square feet. VIRGINIA BEACH BOROUGH. The following conditions shall be required: 1. The existing six-foot (69 high wooden fence shall remain along the Southern and Eastern property lines. 2. The duplex structures shall not be used for restdential purposes after 1 January 1997. 3. Crusher run gravel shall be installed in the proposed parking area. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Counctl of the City of Virginia Beach, Virginia, on the Eighth of August, Nineteen Hundred and Nine~_ -Five. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 42 - ]tern 1V-L. 7. PUBLIC HEARING ITEM # 39613 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an Ordinance upon application of TENCH H. PHILLIPS, JR., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TENCH H. PHILLIPS, JR., FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R08951977 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtl, VIRIGNIA Ordinance upon application of Tench H. Phillips, Jr., for a Conditional Use Permit for motor vehicle sales at the southeast corner of Virginia Beach Boulevard and Opal Avenue. Said parcel is located at 4949 Virginia Beach Boulevard and contains 6.6 acres. BA¥SIDE BOROUGH. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of August. Nineteen Hundred and Nine~_ -Five. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 ]tem IV-L. 8. PUBLIC HEARING ITEM # 39614 PLANNING Gerrit W.. Benson, 1718 Valhalla Arch, Phone: 481-1377, represented the Hampton Roads Soccer Council Bob Miller, 5033 Rouse Drive, Phone: 490-9264 William M. Thorn, 709 Grey Dove Lane, Phone: 471-5484, represented the Salem Lakes Civic League Upon motion by Councilman Dean, seconded by Council Lady Strayhorn, Ctty Council ADOPTED an Ordinance upon application of VIRGINIA BEACH SOCCER JOINT TASK FORCE for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH SOCCER JOINT TASK FORCE FOR A CONDITIONAL USE PERMIT FOR A RECRF~TIONAL FACILITY OF AN OUTDOOR NATURE (SOCCER COMPLEX) R08951978 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Soccer Joint Task Force for a Conditional Use Permit for a recreational facility of an outdoor nature (soccer complex) on certain property located at the southern terminus of Recreation Drive. Said parcel contains 73 acres more or less. PRINCESS ANNE & KEMPSVILLE BOROUGHS. The following conditions shall be required: 1. No lighting shall be installed which may shine onto any of the adjacent residential properties. 2. All trees located on the site must be retained to the maximum extent possible. A twenty-foot (20') wide landscaped buffer consisting of a double row (staggered) of wax myrtle or an equivalent species of evergreen shrub shall be incorporated into the site design on the Western side of the proposed parla'ng area. The spacing for the required landscaped materials shall be a maximum of eight feet (8'), on center, with the intent of providing a continuous buffer for the adjacent residential homes. A plan incorporating this condition must be submitted and approved by the Planning Department prior to final site plan approval. Landscaping material shall be placed on the parla'ng lot side of the ditch. All natural vegetation in the area between the soccer fields and the residential lots shall remain to provide a buffer. The area between Field #1 and the lots on Grey Dove Lane is not heavily wooded. The area on the residential side of the lease line shall be reforested. The area between Field #7 and Lots #17, 18 and 19 on Sherman Oaks Avenue is not vegetated. The area on the residential side of the lease line shall be reforested. 5. Hours of operation for the proposed soccer complex shall be limited to Sunrise to 11 PM. August 8, 1995 ]rem IV-L. 8. PUBLIC HEARING ITEM # 39614 (Continued) PLANNING This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of August. Nineteen Hundred and Nine~_ -Five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 ]tern IV-L. 9. PUBLIC HEARING ITEM # 39615 PLANNING Attorney Charles M. Salle; 192 Ballard Court, Phone: 490-3000, represented the applicant Upon motion by Councilman Dean, seconded by Councilman Baurn, City Council ADOPTED an Ordinance upon application o/HERBERT E. and EVELYN K. DUGRO0 for a Conditional Change o_f Zoning District Classification: ORDINANCE UPON APPLICATION OF HERBERT E. & EVELYN DUGRO0 FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 TO 0-1 Z08951461 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Herbert E. & Evelyn K. Dugroo for a Conditional Change of Zoning District Classificatton from R-20 Residential District to 0-1 Office District on certain property located on the east side of General Booth Boulevard, 250 feet more or less south of Ferrell Parkway. The proposed zoning classification change to 0-1 is for Office land use. The Comprehensive Plan recommends use of this parcel for single family residential use at densities that are compatible with single family use in accordance with other plan pohcies. Said parcel contains 1 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Orchnance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth o_f August. Nineteen Hundred and Nine~, -Five. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis t~ Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 · OI~M WO P S lB · City o£ Virginia Beach in Rep~y Refe~ To Our File Iio. DF-95-3907 DATE: July 25, 1995 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Maeali L/LL~/'~ DEPT: City Attorney Conditional Zoning Application Herbert E. Dugroo, et ux The above-referenced conditional zoning application is scheduled to be heard by the City Council on August 8, 1995. I have reviewed the subject proffer agreement, dated April 10, 1995, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM Enclosure HgRBBRT E. DUGRO0 BVEI.~YN K. DUGRO0 TO (COVE~S AND RESTRICTIONS) CITY OF VIRGINIA BEACH, a Municipal Corporation of the Conunonwealth of Virginia THIS AGIt~EMENT, made this 10th day of April, 1995, between HERBERT B. DUGRO0 AND EVELYN K. DUGROO, husband and wife, (collectively the 'Grantor') and CITY OF VIRGINIA BEACH, a municipal corporation · Grantee' ); of the Convnonwealth of Virginia, (the WITNESSETH THAT WHEI~EAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from R-20 Residential District, to 0-1, Office District on certain property (the "Property") in Princess Anne Borough, in the City of Virginia Beach, Virginia, described in Exhibit A attached hereto and made a part hereof; WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including office development, through zoning and other land development legislation; WHEREAS, the Grantor acknowledges that in order to prevent incompatible land use certain reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land similarly zoned 0-1, are required to cope with the situation arising out of the grantor's rezoning application; WHEREAS, the Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the 0-1 zoning district of the Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property and the Adjacent Property to be adopted as a part of the amendment to the Zoning Map relative to the Property, which have a reasonable relation to the use of the Property as rezoned 0-1 and the need for which is generated by the rezoning; and WHEREAS, the conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequentamendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument; provided, further, that the instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent~ NOW, TH~EPOU, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or~tL~Pro~M~ for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby covenants and agrees that this declaration shall constitute covenants running with the Property which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The property shall only be used for the following principal uses and their accessory uses and structures: a. Business offices; b. Medical and dental offices and clinics and laboratory; legal, engineering, architectural and other professional offices; accounting and bookkeeping offices; c. Florist retail. 2. Access to the Property from General Booth Boulevard shall be in accordance with the Deed of Easement and Agreement dated December 16, 1991 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach in Deed Book 3055 at Page 2018, except that as long as the Property is only used for residential purposes, access to General Booth Boulevard shall be allowed at the existing curb cut. 3. Lighting on the Property shall be directed inward and not toward surrounding property. 4. The existing residential structure shall be maintained and exterior improvements of any structure located on the Property will be constructed and maintained in a manner aesthetically compatible with adjoining residential uses and with Nimmo Church. 5. The Property shall be developed in accordance with the Site Plan filed with the Planning Department entitled 'Rezoning Exhibit Property of Herbert E. & Evelyn K. Dugroom, dated March 29, 1995, prepared by The TAF Group and exhibited before the Planning Commission. 6. Any free standing sign will be a monument sign and will be lighted from the exterior. 7. Further conditions may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable city codes by all co(jnizant City agencies and departments to meet all applicable city code requirements. Ail references hereinabove to zoning districts and to regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that the Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to insure compliance with such conditions, including mandato~ or prohibito~ injunction, abatement, damages or other appropriate action, suit or proceedings. The failure to comply with all conditions shall constitute cause to deny the issuance of the required building or occupancy permits as may be appropriate. If aggrieved by any decision of the Zoning Administrator made pursuit to the provisions, the Grantor shall petition the gove~ing body for the review thereof prior to instituting proceedings in court. Appropriate symbols may be noted on the zoning map to indicate the existence of conditions attaching to the zoning of the Property. The ordinance and the conditions may be made readily available and accessible for public inspection in the Office of the Zoning Administrator and in the Planning Department and that they may be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signatures and seals. Herbert E. I:mgroo ~ Evelyn F~ D;dgroo (~ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, the undersigned, a Nota~ Public in and for the City and State aforesaid, do hereby certify that Herbert E. Dugroo and Evelyn K. Dugroo, whose names are signed to the foregoing instrument bearing date on the 10th day of April, 1995, have acknowledged the same before me in my City and State aforesaid. Notary Public ~XHIBIT A ALL THAT certain parcel of real property situate in the City of Virginia Beach, Virginia, and designated as lot "B" on that certain plat entitled "SUBDIVISION OF PROPERTY OF CHARLES C. HICKMAN ET UX" and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 146 at Page 44. ]tern IV-L. iO. PUBLIC HEARING ITEM # 39616 PLANNING Correspondence of August 3, 1995, from Attorney R. J. Nutter, II, requesting DEFERRAL until the City Council Session of September 12, 1995, is hereby made a part of the record. Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council DEFERRED until the City Council Session of September 12, 1995, an Ordinance upon application of THOMAS R. GIROUX (British-European Anticlue Imports, Ltd.) for a Change of Zoning: ORDINANCE UPON APPLICATION OF THOMAS R. GIROUX (BRITISH-EUROPEAN ANTIQUE IMPORTS LTD ) FOR ,4 CHANGE OF ZONING DISTRICT CLASSIFICATION Ordinance upon application of Thomas R. Giroux (British-European Antique Imports Ltd.) for a Change of Zoning District Classification from I-1 Light Industrial District to Conditional B-2 Community Business District on the south side of Dean Drive, east of Lynnhaven Parkway. The proposed zoning classification change to B-2 is for commercial land use. The Comprehensive Plan recommends use of this parcel for industrial use in accordance with other Plan policies. Said parcel is located at 2645 Dean Drive and contains 2.450 acres. Voting: 10-0 (By Consent) Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 - 47 - Item IV-L. 11. PUBLIC HEARING ITEM # 39617 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED the Application of SEELAKE ASSOCIATES, a Virginia General Partnership for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance re side yard setback; AND, ADOPTED an Ordinance for a Change of Zoning: AND, Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Or&nance, Subdivision for Seelake Associates, a Virginia General Partnership. Property is located at 341 Edwin Drive. KEMPSVILLE BOROUGH. ORDINANCE UPON APPLICATION OF SEELAKE ASSOCIATES, ,,1 VIRGINIA GENERAL PARTNERSHIP FOR ,4 CHANGE OF ZONING DISTRICT CLASSIFICATION Z08951462 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Seelake Associates, a Virginia General partnership for a Change of Zoning District Classification from 0-2 Office District to 0-1 Office District on the west side of Edwin Drive, south of Expressway Drive. The proposed zoning classification to 0-1 is for office land use. The Comprehensive plan recommends use of this parcel ,for office land use. Said parcel is located at 341 Edwin Drive and contains 1.47 acres. KEMPSVILLE BOROUGH. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth o_f August. Nineteen Hundred and Ninety-Five. Voting: 10-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessoms, Jr. August 8, 1995 ]tern IV-L. 12. PUBLIC HEARING ITEM # 39618 PLANNING Upon motion by Councilman Harrison, seconded by Council Lady Parker, Ctty Council ADOPTED an Ordinance upon application of DALE CULVER HENNING for a Change of Zoning: ORDINANCE UPON APPLICATION OF DALE CULVER HENNING FORA CHANGE OF ZONING DISTRICT CLASSIFICATION Z08951463 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Dale Culver Henning for a Change of Zoning District Classification from AG-2 Agricultural District to R-20 Residential District on certain property located on the north side of Culver Lane, 462.91 feet west of Mulholland Drive. The proposed zoning classification change to R-20 is for single family residential land use on lots no less than 20,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other Plan policies. Smd parcel is located at 1160 Culver Lane and contains 1 acre. PRINCESS ANNE BOROUGH. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of August, Nineteen Hundred and Nine~_ -Five. 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Vice Mayor William D. Sessorns, Jr. August 8, 1995 - 49 - ]tern IV-M. APPOINTMENTS ITEM # 39619 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: ADVERTISING AGENCY SELECTION COMMITTEE DEVELOPMENT AUTHORITY PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD WE TLANDS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) August 8, 1995 - 50 - Item IV-P. .ADJOURNMENT ITEM # 39620 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:18 P.M.. Beverly O. Hooks, CMC Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia August 8, 1995