The URL can be used to link to this page

Home My WebLink AboutMARCH 27, 2001 MINUTESMarch 27, 2001 I. BRIEFINGS - Conference Room - 2:30 PM Ao CITIZEN COMMUNICATION and INTERRELATIONSHIPS John D. Stewart, Library Operations Manager Bo HEALTH CARE CONSORTIUM Victoria L. Lewis, CFO, School Admimstration II. REVIEW OF AGENDA ITEMS III. CITY COUNCIL COMMENTS IV. INFORMAL SESSION - Conference Room - 4:00 PM A. CALL TO ORDER- Mayor Meyera E Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION Citizens may register to address City Council for a limited time on any item on the Formal Council Agenda. Speakers may register immediately prior to the meeting or, in advance, by calling the City Clerk's Office at 427-4303. V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER- Mayor Meyera E. Obemdorf B. INVOCATION: Major Keith Wright, Chaplain First Landing Chapel, Fort Story Army Headquarters C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS Marchl 3,2001 G. AGENDA FOR FORMAL SESSION The Consent Agenda wtll be determtned durtng the Agenda Review Session and constdered tn the ordmary course of business by Ctty Councd to be enacted by one motion. H. PRESENTATION 1. FY 2001-2002 Management Resource Plan - City Manager James Spore I. PUBLIC HEARINGS 1. LEASE OF CITY-OWNED PROPERTY to Great Neck Baseball League 2. FARMERS' MARKET LEASES a. Creekmore's Place b. Deer Run Farms Produce and General Merchandise J. ORDINANCES Ordinance to AUTHORIZE the City Manager to enter into a LEASE of city-owned property to Great Neck Baseball League (GNBL, Inc.) at Great Neck District Park (LYNNHAVEN - DISTRICT 5) Ordinances to AUTHORIZE the City Manager to enter into LEASES at the Farmers Market: a. Elsie V. Creekmore and Sharon C. Mosley t/a Creekmore's Place for space it 7 b. Caroline J. Buffington t/a Deer Run Farms Produce and General Merchandise for space it9 . Ordinance to grant an open atr card franchise to LUNA SEA, INC. at 206 22nd Street (DISTRICT 6 - BEACH) (Deferred March 6 & 13,2001 ) . Ordinance to AMEND and REORDAIN § 33-114.4 ofthe City Code re encroachments into public rights-of-way by certain Directional Signs concerning the locatton offarms or farm stands in agriculturally zoned districts. o Ordinance to APPROPRIATE $25,600 in civil charges collected from Wetlands and Coastal Primary Sand Dunes zontng ordtnance vtolattons to the FY 2000-01 operating budget of the Department Of Agriculture re sand dune restoration and enhancement. o Ordinance to APPROPRIATE $8,505 from the General Fund Reserve to the Virginia Oyster Heritage program re creating oyster habitats ~n the Elizabeth and Lynnhaven Rivers; and, challengtng all other Hampton Roads ~lurtsdtcttons to support the program by pledging two (2) cents per resident by 30 June 2001. . Ordinance to establish capital project for Sandbridge Corridor, in the FY 2000-01/FY 2005-06 Capital Improvement Program(CIP); and, TRANSFER $550,000 re road improvements. . Ordinance to authorize a temporary encroachment into a portion ofthe City' s 150' drainage easement by RAYMOND V. and DEBORAH T. WILLIAMSON re construction and maintenance of a bulkhead, pier, boatlift and frame shed at 901 La Tlerra Court (PRINCESS ANNE - DISTRICT 7) . Ordinance to authorize a temporary encroachment ~nto a portion of the C~ty's property known as Bass Inlet West by KEVIN D. and RENEE P. SANDERS re construction and maintenance of a boat ramp, pier and rip-rap at 2908 Wood Duck Drive. (PRINCESS ANNE- DISTRICT 7) 10. Ordinance to ratify amendments to the Bylaws of the Parks and Recreatton Commtsston re open space, monthly meeting date and number of members. 11. License Refunds: $2,724.16 K. PLANNING PLANNING BY CONSENT - To be determined dunng the Agenda Review Session. . Application of BARRY BEHRMAN, for a MODIFICATION OF CONDITIONS on the approved application of April 27, 1993, re indoor recreation, on the east side of Princess Anne Road south of Parhament Drive (5612 Pnncess Anne Road), contmmng 9 223 acres (KEMPSVILLE- DISTRICT 2) Recommendation: APPROVAL , Applications of BILLY W. CHAPLAIN on the west side of Washington Avenue approximatelyl40 feet south of Virginia Beach Boulevard (849 and 853 Virginia Beach Boulevard) (DISTRICT 6 - BEACH): a, Change of Zoning District Classification from A-12 Apartment D,strtct and RT-3 Resort Tourist District to Conditional B-2 Community Business District, containing 23,850 square feet. b. Condittonal Use Permit for a bulk storage yard, containing 19,000 square feet Deferred' February 13,2001 February 27, 2001 March 13,2001 Recommendation: APPROVAL Application ofP & M CONSTRUCTION SERVICES, INC., for a Conditional Use Permit re a bulk storage yard on the east side of Davis Street north of Virginia Beach Boulevard, (418 Davis Street), containing .547 acres. (KEMPSVILLE - DISTRICT 2) Recommendation: DENIAL , Application of ATLANTIC ENTERPRISES, INC., for a Conditional Use Permit re a parking lot at the southwest intersection of Atlantic Avenue and 3 0th Street, (2906 Atlantic Avenue). (BEACH- DISTRICT 6) Staff Recommendation: Recommendation: DENIAL APPROVAL L. APPOINTMENTS BEACHES AND WATERWAYS COMMISSION COMMUNITY SERVICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT SCHEDULE: RESOURCE MANAGEMENT PROCESS ,,Topic Location Date/Tame Economic Vltahty/Safe Communlty/Pohcy & Decision Support Workshop Conference Room April 3ra Quality Education for Lifetime Learning Workshop Conference Room April l0th Proposed FY 2001-02 Resource Management Plan Public Hearing April 12th Princess Anne Htgh School 6:00 PM Quality Physical Environment/Operational Support Workshop Conference Room April 17th Cultural & Recreational Opportunities/Family Youth Opportunities Workshop Conference Room April 24th Proposed FY 2001-02 Resource Management Plan Public Hearing April 24'h Counctl Chamber 6:00 PM Reconciliation Workshop Conference Room May 1st Resource Management Plan - Adoption Spectal Meetmg May 15th Counctl Chamber 2:00 PM If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 03/22/01 slb AGENDA\03-27-01 PLN www virginia-beach va us ,0~. OUR NI~'~0~ MINUTES VIRGINIA BEACH CITY COUNCIL V~rg~ma Beach, V~rg~nia March 27, 2001 Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re CITIZEN COMMUNICATION AND INTERRELATIONSHIPS tn the Counctl Conference Room, Ctty Hall Butldzng, on Tuesday, March 27, 2001, at 2 35 PM Council Members Present Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Absent Margaret L. Eure [ENTERED 3 10 P M] Wtlham W Harrtson, Jr [ENTERED 2 58 P M] -2- BRIEFING CITIZEN COMMUNICATION AND INTERRELATIONSHIPS 2:35 P.M. ITEM # 47931 Dtane Roche, Assistant to the Ctty Manager for Medta and Commumcatzons, advtsed the Citizen Communications and lnterrelationships Progress Report was developed by a cross departmental team Ms Roche, Co-Leader, introduced the members of thts team and Chrzs Bonney, Bonney and Company, the research and analysts firm whtch conducted the Focus Groups Para Lingle Department of Convention and Visitor Development Tommy Cubine Community Services Board Kathleen Hassen City Manager's Office Karen Lasley Department of Planning Rich Nettleton Department of Public Utih'ties Chuck Penn City Manager's Office/Media and Communications Group Betsy McBride City Manager's Office/Media and Communications Group John Stewart Department of Public Libraries Catheryn Whitesell Department of Management Services Carol Williams Department of Housing and Neighborhood Preservation Facilitator Wade Kyle Department of Public Works Recorder Aileen Petty Department of Public Works Ellis Hinnant-Will Citizen Advisor Dtane advtsed thts ss the Ftnal Report representtng more than a year tn research and development with ctttzen and staff input and tnvolvement When the progress report was presented to Ctty Counctl on October 24, 2000, the Team advtsed they wtshed to recetve addtttonal ctttzen feedback on the 17 recommendattons as to whether the Team had approxtmately translated ctttzen research (focus groups, telephone surveys, tntervtews) tnto acttons whtch would be practtcal and effecttve John D Stewart, Operattons Manager- Pubhc Ltbrartes, through the utthzatton of Power Potnt, advtsed the report has a new tttle Connections for a Lifetime: Building Community Trust and Relationships How we communtcate ss as tmportant as what we say The recommendattons have been restructured and reshaped tnto two tiers Three cructal acttons have been merged tnto a stngle recommendatton entttled Building Mutual Trust The Team has responded to the prtortttes of the Focus Groups by tncludtng those values along wtth Ctty Page and Pubhc Dtalogue tn the very first tter of work March 27, 2001 -3- BRIEFING CITIZEN COMMUNICATION AND INTERRELATIONSHIPS ITEM # 47931 (Continued) What's Changed Two tters of recommendattons Mergmg of key issues Ctttzen-based, ctttzen-evaluated Restructurtng of member tratntng Youth parttctpatton Tier One encompasses the acttons that are fundamental to buddtng relattonshtps through commumcattons and acttons that may represent tnvestment rather than a qmck return and the reflected concerns of ctttzens Tier One Recommendations Butldtng Trust Through Communtcattons Early tnformatton sharing Ease of parttctpatton Informatton for dectston maktng Pubhc Dialogue Effecttve staff communtcattons wtth ctttzens Ctvtc Academy Ctty Page Enhance VBTV 48 Programmtng The Focus Groups found the two proposals of building mutual trust and public dialogue to be vital to the Plan. Building Mutual Trust Feel tnformed when tt matters Reduce barrters to parttctpatton Have all the tnformatton Public Dialogue Understand complex pohcy tssues Apprectate the dtfficulty of chotce Feedback to government Tier Two reflects communtcatton ts underway under the leadershtp of others, hmtted resources are requtred, and because ctttzen parttctpatton ts included tn the evaluatton of all recommendattons none of them tn etther tter wtll be lost over ttme Tier Two Recommendations Investment tn Electromc Government (lead by E-Government Commtsston) Pubhc Hearings Ctttzen Advtsory Boards Educattng Chddren about Government Increase meettngs with me&a The regulatory requirement concermng Public Hearings should be assessed and the process enrtched with chalogue opportuntttes There should be expertmentatton with electrontc parttctpatton tn the Pubhc Heattng process Relattve Citizen Advisory Boards, the Team suggests broadentng the pool of candtdates for the Boards and Commtsstons, an effort to stay tn contact wtth the volunteers and tnvtte parttctpatton tn the Neighborhood Institute or evolvtng Civic Academy It ts tmportant to brtng, where approprtate, the voice of youth Momtortng of recommendattons wdl be conducted by the creatton ora Citizen Advisory Task Force to work wtth the Chief Information Officer and respecttve Process Managers. March 27, 2001 -4- BRIEFING CITIZEN COMMUNICATION AND INTERRELATIONSHIPS ITEM # 47931 (Continued) How To Get Started Ctty page ss a ptlot test now Government can tntttate recommendattons whtch requtre hmtted resources Government and Counctl fun&ng plan of recommendations requtrtng more substanttal resources Ctty Counctl constder recommendattons tdenttfied by the Ctty Manager tn hts transmtttal letter Diane advtsed each actton has a Process Manager tdenttfied wtthtn tts recommendatton Relattve the Citizen Communication telephone survey, 82% of ctttzens advtsed they were pleased w'~th the level of communtcatton recetved The citizens were interested tn more opportuntttes to have "face-to-face "chalogue The Ctty Counctl Brtefings are now placed on the Web Site. Betsy McBrtde referenced attenchng the Shore Drtve Coahtton meettng last ntght, March 26, 2001 Where the Ctty staff responds to tssues, such as the Shore Drtve wtdentng, wtth fact sheets developed for mathng and factual pubhc meetings, the less hkely there ts for misinformation to be beheved by communtty leaders Dtane advtsed a system has been estabhshed where the Mecha and Communtcattons group ss dtvtded among the vartous tssues and stays tn contact wtth the newspaper reporters on these tssues The news ss chpped each day When an arttcle ss untrue, the newspaper reporter ts contacted Betsy McBrtde ss attendtng all the ctttzen meettngs revolvtng around the tssue of Shore Drive Chris Bonney conducted the Focus Groups this past January and referenced thetr comments The groups reahzed the Ctty 's posttton and that everyone cannot be pleased The Focus Groups strongly embraced City Page and the other methods tnvolved tn theprocess of communtcattng as thts ss damage control to erroneous facts, mtstnformatton and dtfferent potnts of vtew The Ctty ss "behind the ball" Diane advtsed The Beach Magazine ts already tn productton and still tn tts ptlot phase The thtrd edttton wtll be pubhshed May Ftfteenth Thts ss through dtrect mad and tts purpose ss to communtcate the Ctty's vtston, spoken through ctttzens Each tssue focuses on a desttnatton potnt The May tssue ts Pubhc Safety The cost entatls approxtmately $86, O00 per echtton It has been proposed to be four ttmes per year, however, there are two edtttons tn next year's proposed budget Currently an analysts ss betng conducted between Ctty Page, Beach Advtsory and Beach Magaztne At the present ttme they comphment each other Adverttsers have now been secured for Beach Magazine. These adverttsers wtll supply approxtmately $24,000 next year tn chrect revenue There were 150 responses to the last issue of Beach Magazine, all but one were postttve 48% of the ctttzens sttll consider the newspaper theirprimary source o.{ tnformatton wtth 23 % considering television news The City's web stte www vtrgmta-beach va us has been named one of the top seven (7) tn the natron Approximately 20,000 vtsttors come to the stte wtth a conttnual upward trend The Ctty Manager commended thts multt-departmental team for 18 months of hard work and for thetr commttment to tmprovtng ctttzen communtcatton Citizen Communication and Interrelationships will be a main topic of discussion during the City Council's Retreat. March 27, 2001 -5- BRIEFINGS HEAL TH CARE CONSORTIUM 3:23P. M. ITEM # 47932 Vtctorta L Lewts, Chtef Ftnanctal Officer - School Admtntstratton, advtsed approxtmately 18 months ago the Schools system, through the General Assembly, created an orgamzatton entttled "Hampton Roads Public Education Service Authority". Thts organtzatton 's prtmary purpose ts to provtde economtes of scale by brmgmg all the school systems together for procurement, staff development and other ttems whtch most school systems have to do whtch mtght cost the smaller chvtstons a dtsproporttonate amount of money One of the first ttems whtch surfaced through the Hampton Pubhc Schools was health care costs Hampton Pubhc Schools was the ptoneer tn conducttng a Health Care Consortium An RFP was chstrtbuted and Palmer & Cay Consulttng Group recetved the btd The Ctty of Vtrgtnta Beach, Vtrgtnta Beach Pubhc Schools, Ctty of Norfolk and Norfolk Pubhc Schools have a preextstmg relattonshtp, so both of these ctttes were allowed to parttctpate for the purposes of health tnsurance Thts equated to a total of 41,000 employees, approximately 75,000 lives, an a $183-MILLION contract, or 15% of the health insurance market for thts area Seventeen responses were recetved through the RFP placed by the Palmer & Cay Consulttng Group The final short hst was Sentara and SIGNA The ulttmate selectton from the members of the Consorttum was SIGNA The revtewers of the RFP were composed of all the Ftnance Dtrectors of the fifteen (15,) school chvtstons and organtzattons whtch werepart of this Consorttum Mrs Lewts advtsed they beheve the Consorttum has "fallen through" Trigon and Sentara have provtded some very attracttve renewal opttons and new btds for the school chvtstons At thts potnt, tt appears Vtrgtnta Beach, Hampton and Newport News Pubhc Schools are sttll constdertng the Consortium There were network tssues tn relatton to Ftrst Colomal Famtly Practtce on Vtrgtnta Beach's stde and the Rtverstde Hospttals on the Pentnsula stde Mrs Lewts beheves the tssue wtth Ftrst Colomal Famtly Practtce ts resolved to everyone's sattsfactton, however, Rtverstde ts unwtlhng to partake tn the Consorttum and wouM not discuss contracttng wtth SIGNA Therefore, for many of the school dtvtstons, Rtverstde was a very stgmficant health care provtder The tdea behtnd the Consorttum was not to take a one-year look at health care It was to begtn somethtng that could give the school system and muntctpahttes that were a part of tt more control over health tnsurance and a network of quahty care for their employees The staff has not totally gtven up on the concept and are sttll revtewtng the dental proposal The Ctty Manager congratulated Vtckte, the Schools tntttattve and the fact compettttve counterproposals were recetved tndtcates the power of thts jotnt purchastng approach It may not work this year, but could be successful tn the future March 27, 2001 -6- AGENDA RE VIEW SESSION 3:35 P.M. ITEM# 47933 ORDINANCES J1 Ordtnance to AUTHORIZE the Ctty Manager to enter tnto a LEASE of ctty-owned property to Great Neck Baseball League (GNBL, Inc.) at Great Neck Dtstrtct Park (LYNNHA YEN - DISTRICT 5) Councilman Harrison advtsed thts ts a standard Ctty contract, whtch has been shghtly amended to reflect requests of the netghborhood to reduce the stze of the scoreboard He supports this concept ITEM # 47934 J3 Ordtnance to grant an open atr card franchise to LUNA SEA, INC. at 206 22nd Street (DISTRICT 6 - BEACH) (Deferred March 6 & 13, 2001 ) The Ctty Attorney advtsed the apphcant has not comphed wtth the agreement nor posted the bond The Ctty Attorney advised there ts a pen&ng court case ITEM # 4 7935 J 40rdtnance to AMEND andREORDAIN 3~ 33-114 4 of the Ctty Code re encroachments mto pubhc rtghts-of-way by certain Directional Signs concernmg the locatton of farms or farm stands tn agriculturally zoned dtstrtcts Counctl Lady McClanan expressed concern relattve the stze of the stgns The Ctty Manager advtsed there are two types of stgns area entrance stgns (4feet x 6feet and no htgher than 1 l feeO and dtrecttonal signs (close to eye level on key tntersecttons, no htgher than 8 feeO Counctl Lady McClanan wtll vote a VERBAL NAY on thts ttem Counctl Lady Henley wtll ABSTAIN. ITEM # 47936 J 6 Ordinance to APPROPRIATE $8,505from the General Fund Reserve to the Virginia Oyster Heritage program re creattng oyster habitats tn the Ehzabeth and Lynnhaven Rtvers, and, challenging all other Hampton Roads Jurtsdtcttons to support the program bypledgmg two (2) cents per restdent by 30 June 2001 A Revtsed Ordtnance was dtstrtbuted RobertMatthtas, Asststant to the CttyManager, advtsed CounctlLady Wtlson had tndtcated she recetved calls fromprtvate ctttzens who wtshed to donate The followtngparagraph has been added "That City Counctl hereby encourages local bustnesses, non-profit organtzattons, and ctttzens to support the Program wtth prtvate donations made to the Department of Envtronmental Quahty on behalf of the Ctty of Vtrgtnta Beach be destgnated for Program fundtng " March 27, 2001 -7- AGENDA RE VIEW SESSION ITEM # 4 793 7 d 70rdtnance to estabhsh capttalprojectforSandbridge Corridor, tn the FY 2000-O1/FY 2005-06 Capttal Improvement Program(CIP), and, TRANSFER $550,000 re road improvements Vtce Mayor Sessoms requested the Ctty Manager address this ttem as concerns have been recetved relattve surveyors tn thts area ITEM # 4 7938 J8 Ordinance to authortze a temporary encroachment tnto a portton of the Ctty's 150' dratnage easement by RAYMOND V and DEBORAH T. WILLIAMSON re constructton and mamtenance ora bulkhead, pier, boathft and frame shed at 901 La Tterra Court (PRINCESS ANNE - DISTRICT 7) Counctl Lady McClanan tnqutred tf the netghbors were nottfied George Tzavares, Techntcal Servtces Admmtstrator - Pubhc Works, advtsed the netghbors were nottfied and if they had objected the apphcatton would not be constdered by Ctty Council ITEM # 4 7939 B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA: ORDINANCES J1 Or&nance to AUTHORIZE the Ctty Manager to enter into a LEASE of ctty-owned property to Great Neck Baseball League (GNBL, Inc.) at Great Neck Dtstrtct Park (LYNNHAVEN - DISTRICT 5) d 20rdtnances to AUTHORIZE the Ctty Manager to enter tnto LEASES at the Farmers Market: a Elsie V. Creekmore andSharon C. Mosley t/a Creekmore's Place for space # 7 b Caroline J. Buffington t/a Deer Run Farms Produce and General Merchandise for space #9 J 40rdtnance to AMEND andREORDAIN ~ 33-114 4 of the Ctty Code re encroachments tnto pubhc rtghts-of-way by certatn Directional Signs concermng the locatton of farms or farm stands tn agriculturally zoned dtstrtcts J 5 Ordtnance toAPPROPRIA TE $25,600 tn ctvtl charges collected from Wetlands and Coastal Prtmary Sand Dunes zomng or&nance vtolattons to the FY 2000-01 operattng budget of the Department Of Agriculture re sand dune restoration and enhancement I 1 Ordinances re the Ctty Code J80rdtnance to authortze a temporary encroachment tnto a portton of the Ctty's 150' drainage easement by RAYMOND V and DEBORAH T. WILLIAMSON re constructton and matntenance ora bulkhead, pter, boathfi and frame shed at 901 La Tterra Court (PRINCESS ANNE - DISTRICT 7) March 27, 2001 -8- AGENDA RE VIEW SESSION ITEM # 47939 (Continued) ,19 Or&nance to authortze a temporary encroachment tnto a portton of the Ctty's property known as Bass Inlet West by KEVIN D. and RENEE P. SANDERS re constructton and matntenance of a boat ramp, pter and rtp-rap at 2908 Wood Duck Drtve (PRINCESS ANNE - DISTRICT 7) ,110 Ordtnance to ratify amendments to the Bylaws of the Parks and Recreation Commission re open space, monthly meettng date and number of members Jl l Ltcense Refunds $2, 724 16 Counctl Lady McClanan wtll vote NAY on Item 4 Counctl Lady Henley wtll ABSTAIN on Item 4 March 27, 2001 -9- AGENDA RE VIEW SESSION ITEM # 4 7940 K 1 Apphcatton of BARRY BEHRMAN, for a MODIFICATION OF CONDITIONS on the approved apphcatton of Aprtl 27, 1993, re indoor recreation, on the east side of Prtncess Anne Road south of Parhament Drtve (5612 Prmcess Anne Road), contatntng 9 223 acres (KEMPSVILLE - DISTRICT 2) Mayor Oberndorf advtsed concerns of adJacent residents Thts apphcatton wtll be discussed durtng Formal Session ITEM # 4 7941 K2 Apphcattons of BILLY IF. CHAPLAIN on the west stde of Washtngton Avenue approxtmatelyl40 feet south of Vtrgtnta Beach Boulevard (849 and 853 Vtrgmta Beach Boulevard) (D~STRICr 6- BEACH) Change of Zomng Dtstrtct Classtficatton from A-12 Apartment Dtstrtct and RT-3 Resort Tourtst Dtstrtct to Condtttonal B-2 Communt~ Bustness Dtstrtct, contatntng 23, 850 square feet b Condtttonal Use Permtt for a bulk storage yard, contatntng 19, 000 square feet Counctl Lady Wtlson tnqutred relattve 1 Th Street and how thts apphcatton would affect the revttahzatton ITEM # 4 7942 K 3 Apphcatton ofP & M CONSTRUCTIONSERVICES, INC., for a Condtttonal Use Permtt re a bulk storageyard on the east stde of Davts Street north of Vtrgmta Beach Boulevard, (418 Dams StreeO, contatmng 547 acres (KEMPSVILLE - DISTRICT 2) Counctlman Man&go chstrtbuted a revtsed hst of condtttons The followtng condttton has been added 8 Daily use of the bulk storage yard shall not begtn be_fore 7 30 a m Counctl Lady McClanan stated her opposttton to thts apphcatton Robert Scott, Dtrector of Planmng, advtsed Counctl Lady Parker, wtth reference to Dams Road, he beheved the property ts tmproperly zoned as Commerctal He could not envtston any commerctal use that would not be detrtmental to the adjacent netghborhood These areas are typtcally wtthtn tndustrtal parks wtth tndustrtal zontng, not tn bustness dtstrtcts adjacent to restdenttal areas Thts netghborhood has the type of charactertsttcs that warrant concern for the future However, tt ts hard to single out thts one apphcatton The context of the upcomtng Comprehensive Plan revtston can address this problem Thts ttem wtll be discussed durtng the Formal Sesston ITEM # 4 7943 K4 Apphcatton of ATLANTIC ENTERPRISES, INC., for a Condtttonal Use Permtt re a parking lot at the southwest tntersectton of AtIanttc Avenue and 30th Street, (2906 Atlanttc Avenue) (BEACH- DISTRICT 6) Counctl Lady Parker wtll ABSTAIN on thts ttem as the apphcant has been a chent for many years March 27, 2001 -lO- AGENDA RE VIEW SESSION ITEM # 4 7944 B Y CONSENSUS, thefollowtng shall compose the PLANNING B Y CONSENT: K 4 Apphcatton of ATLANTIC ENTERPRISES, INC., for a Condtttonal Use Permtt re a parking lot at the southwest tntersectton of Atlanttc Avenue and 30th Street, (2906 Atlanttc Avenue) (BEACH- DISTRICT 6) Counctl Lady Parker wtll ABSTAIN on K 4 March 27, 2001 -ll- CITY COUNCIL COMMENTS 3:50 P.M. ITEM # 4 7945 Mayor Oberndorf requested the gmdance of Ctty Councd relattve allowtng speakers for the PRESENTATION of the FY2001-2001 Management Resource Plan Three tndtvtduals had requested to speak before the Ctty Councd durtng the PRESENTATION. The Ctty Manager advtsed typtcally thts PRESENTATION ts just a dtstrtbutton of the proposed Management Resource Plan Workshops, Pubhc Heartngs and Adoptton of the Plan are scheduled and the pubhc ts welcome to attend and speak at the Pubhc Heartngs and Adoptton The Resource Plan has not been avatlable for the pubhc to vtew BY CONSENSUS, the majortty of the Ctty Council beheved there should not be speakers durtng the PRESENTA TION of the Resource Management Plan. Counctl Lady McClanan and Counctlman Mandtgo expressed concerns Counctlman Harrtson advtsed thts would be estabhshtng a precedent to allow speakers durtng the PRESENTATION ITEM # 47946 Mayor Oberndorf admsed the Ctty Clerk had referenced a typographtcal error tn the adverttsement for the PUBLIC HEARING concerning the FARdffE~' MARKET LEASES: Creekmore's Place/Deer Run Farms Produce and General Merchandise The time pubhshed was 7 O0 P M rather than 6 O0 P M on Tuesday, March 27, 2001 Mayor Oberndorf requested the gmdance of the Ctty Attorney March 27, 2001 - 12- ITEM ii 4 794 7 Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Buddtng, on Tuesday, March 27, 2001, at 3 55 PM Councd Members Present Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wdson Councd Members Absent Ltnwood 0 Branch, III March 13, 2001 - 13- ITEM # 4 7948 Mayor Oberndorf entertatned a motton to permtt Ctty Councd to conduct tts CLOSED SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve candtdates for employment, asstgnment, appotntment, promotton, performance, demotton, salartes, dtsctpltntng, or restgnatton of spectfic pubhc officers, appotntees, or employees pursuant to Sectton 2 1-344 (A) (1) To Wtt Boards and Commtsstons Beaches and Waterways Commtsston PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the' acqutsttton of real property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where dtscusston tn an open meettng would adversely affect the bargatntng posttton or negoaattng strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3) To- Wit Thummel Property Rudee Loop ProJect LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by staff members, consultants, or attorneys pertatntng to actual or probable httgatton, or other spectfic legal matters requtrtng the provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7) Contractual Issues 31st Street ProJect Ancient Art Tattoo Stucho, Ltmtted v City of Vtrgtnta Beach, et al People for the Ethtcal Treatment of Ammals v Cay of Vtrgtnta Beach, James K Spore and C Mac Rawls Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Parker, Ctty Councd voted to proceed tnto CLOSED SESSION. Vottng 10-0 Counctl Members Vottng Aye Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Councd Members Vottng Nay None Councd Members Absent Ltnwood 0 Branch, III (Time of Closed Session: 3:55 P.M. to 6:00 P.M.) March 13, 2001 - 14- FORMAL SESSION VIRGINIA BEA CH CITY CO UNCIL March 27, 2001 6:00 P.M. Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL tn the Councd Chamber, Ctty Hall Budding, on Tuesday, March 27, 2001, at 6 O0 P M Councd Members Present Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, dr and Rosemary Wdson Councd Members Absent None INVOCATION Councd Member Louts R Jones Councd Member Jones noted remembrance of three mdtvtduals who have unselfishly served thts Ctty (a) Kenneth Bradley -Planntng Commtsstoner, Centervdle Dtstrtct/ Green Run Htgh School Teacher and Coach Mr Bradley &ed of a heart attack on Monday, whde runntng wtth hts Gtrls Htgh School Soccer Team (b) Mr Joseph Owens -Prtnctpal - Green Run and Prtncess Anne Htgh Schools and Mrs Martha Owens, Ltbrartan Mr and Mrs Owens have between them devoted more than 70years to educatton and as volunteers for the Ctty Thetrs ts truly a love story that does not end wtth death PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, either tnchvtdually or tn hts capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may come before Ctty Councd Vtce Mayor Sessoms' letter of January 2, 2001, ts hereby made a part of the record March 27, 2001 Item V-E. ~ 15- CER TIFICA TION OF CLOSED SESSION ITEM # 4 7949 Upon motton by Councd Lady Eure, seconded by Counctl Lady Parker, Ctty Counctl CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only pubhc bustness matters lawfully exempted from Open Meetmg requtrements by Vtrgmta law were &scussed tn Closed Sesston to which thts certtficatton resolutton apphes, AND, Only such pubhc business matters as were tdenttfied tn the motton convemng the Closed Sesston were heard, &scussed or constdered by Vtrgtnta Beach Ctty Counctl Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent None March 13, 2001 CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 47948, page 13, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. R~th Hodge~' Smith, MMC City Clerk March 27, 2001 Item VoF. 1. -16- MINUTES ITEM # 4 7950 Upon motton by Vtce Mayor Sessoms, seconded by Council Lady Parker, Minutes of the March 13, 2001 City Council Session, as CORRECTED: Counctlman Man&go referenced error Ctty Counctl APPROVED the ITEM # 47886, Page 13 City Council Comments The liiteriiatioiiaI Atr Nattonal Guard of Richmond, the 102na Ftghter Wtng, performed the mtsstng man formatton Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 13, 2001 -17- ~em ~G ADOPT AGENDA FOR FORMAL SESSION ITEM ii 4 7951 BY CONSENSUS, Ctty Councd ADOPTED: AGENDA FOR THE FORMAL SESSION March 13, 2001 Item V-H. - 18- PRESENTATION ITEM # 4 7952 FY 2001-2002 MANAGEMENT RESOURCE PLAN The Ctty Manager advtsed Steve Thompson, Chtef Ftnanctal Officer, and Catheryn Whttesell, Dtrector of Management Servtces, wtll present the Proposed FY 2001-02 Resource Management Plan, through the utthzatton of Power Potnt The Plan flows from Counctl's clear prtortttes and ts but# upon the many successes of previous years These sustatned efforts toward the common vtston of a "Communtty for a Ltfettme" are paymg off and wtll do much to provtde a sustamable future for our great Ctty Mr Thompson advtsed thts Plan represents a grant leap forward tn attatntng several long stan&ng Ctty Counctl goals It ts a conservattve budget, however, tt does allow the conttnuatton of exctttngprojects and quahty servtces tmportant to the Ctty The Advanced Technology Center ts a partnershtp of Ttdewater Techntcal College, the School system and the Ctty Thts 13 7, 000 square foot facdtty wtll house a Technology Tratntng Center, avatlable for busmesses and for the schools to provtde needed workforce development and educattona[ opportuntttes Landstown High School ts the "state of the art" facthty, whtch wtll open tn the Fall 2001 It tncludes 277,000 square feet at a cost of $37- MILLION Thts wtll mclude 94 teachers, support staff and wtll house 2, 000 students A new Convention Center was a 1992 Retreat prtortty The extsttng Pavthon was vtstonary for tts time and provtded a much needed boost to the local economy As the Ctty moves to become a desttnatton potnt for conventtons and tourtsm, thts facthty needs to be replaced The new Conventton Center wtll cost approxtmately $193-MILLION to provt&'~ 205, 000 square feet for conventton and local use This wtll generate more than 2,000 jobs, $2 7-MILLION tn taxes annually and provide an addtttonal 143, 000 hotel room ntghts Mid-Atlantic Amateur Sports Center has been dtscussed for many years Thts wtll be the first of tts ktnd and ts based on the new Fteld Hockey Ftelds approved by City Counctl and the Sportsplex Soccer Complex Thts facthO; wtll meet many of the needs tdenttfied tn the Outdoor Plan and provtde ct quahty recreattonal opportuntty for the ctttzens The destgn tncludes tournament quahty softball fields, multt-use fields for soccer and other sports, hghttng, parktng, restroom and concesston facthttes The present concept of the Replacement Pavilion Theater wtll mean demohtton of the extsttng theater The Ctty Counctl has expressed tt commttment to replace thts theater with a one of at least equal stze anti capactty The project ts esttmated at $20-MILLION wtth seattngfor 1,000 The Resource Management Plan tncludes $9-MILLION to address the Sanitary Sewer infrastructure nee&for our Ctty Agtng t nfrastructure and sewer pump stattons are betng addressed Rate tncreases have been proposed to help offset the cost Storm Water Infrastructure Improvements ts also a key tssue The dratnage problems are being addressed Vtrgtnta Beach ts relattvely flat and the Ctty does have a sertous problem wtth stan&ng water Thts budget tncludes almost $4-MILLION to address the tncreastng needs Rate tncreases have been proposed to offset thts cost An tssue thts year has been the acqutsttton of Stumpy Lake, whtch ts part of the mnovattve Open Space program Thts program ts a proacttve approach to preservtng green space for the future and many of the needg tdenttfied tn the Outdoors Plan are betngpurchased through thts program $36-MILLION has been programmed tn thts Resource Management Plan, whtch ts over 'half of the total $50-MILLION allocated for thts program March 27, 2001 Item -19- PRESENTATION ITEM # 4 7952 (Conttnued) FY 2001-2002 MANAGEMENT RESOURCE PLAN The current Correctional Facility ts overcrowded $36 8-MILLION has been programmed tn local funds to provtde houstng for 512 tnmates and' 150 employees The total cost of the facdtty ts $57 7-MILLION Of thts, $23 7-MILLION wtll be provtded from the State The new $4 I-MILLION, 16000 square foot Princess Anne Library wtll asstst tn addresstng the needs of the growing General Booth Corrtdor The staff of the facthty are tncluded tn the budget Staffing for the new General Booth Fire Station has been tncluded tn thts budget The new $2 65-MILLION, 13, 800 square foot statton wtll provtde a safe communtty or a safe corrtdorfor the General Booth area Fun&ngfor the replacement of the Kempsville Greens Clubhouse as well as ongotng equipment and tnfrastructure needs at all of the Ctty courses' has been addressed tn the budget Golf course projects are taken from an Enterprtse Fund, generated from golf course revenues Staff ts also evaluating the needs of the Stumpy Lake Golf Course The Town Center ts becomtng a reahty Constructton has begun on the first tower of the complex The Resource Management Plan tncludes the' necessary approprtattons to support the Ctty's commttment through the pubhc/prtvate partnership All ctty funds for thts project are provided through the use of a spectal tax tncrement financtng dtstrtct utthztng taxes' spectfically generated by the project to pay for the tmprovements Sand Replenishment ts constant and ongotng The current budget tncludes $1 25-MILLION tn sand replacement for the upcomtng fiscal year The Hurrtcane Protection proJect, whtch also tnvolves sand replentshment, ts neartng completion The final portton of thts phase projects 3 5-MILLION cubtc yards will be placed on the resort beach over the upcommg summer The School Modernization Program ts being a reahty 23 school moderntzatton programs are tncluded tn the capttal tmprovement programs The program ts on target and adequately funded Relative Road Infrastructure Improvements, matntenance and constructton ts an ongotng challenge In conjunction wtth the Vtrgtnta Department of Transportatton (VDOT), 30proJects are programmed anti another 32proJects are totally supported by local funds Completton of the. TCC rtng road, voluntary traffic calmtng projects and other system tmprovements are tncluded tn the present budget Economic Outlook The economy ts rapidly changtng, a recesston ts posstbly on the hortzon Consumer confidence ts falhng and the tech tndustry growth has slowed Because of past fiscal responstbthty, the Ctty ts tn a posttton to endure an economtc slow down Expanston and growth of our commumty ts both necessary and needed to rematn vtbrant The lowered tnterest rates have made the cost of tssutng debt the lowest tt has been tn years March 27, 2001 - 20- Item PRESENTATION ITEM # 47952 (Conttnued) FY 2001-2002 MANAGEMENT RESOURCE PLAN State Budget Fiscal Impact $421-MILLION tn approprtattons ts needed to balance the state budget To accomphsh thts the state Reduced VRS rates Re-financed debt Ehmtnated unspent program balances Froze vacant positrons Assumed $12 5-MILLION tn effictency and admtntstrattve savtng No state fundtng for teacher salary increases The State conttnues to under fund crtttcal programs hke CSA whtch wtll need approximately $43-MILLION state-wtde Reductton tn state fun&ng for mental health services and fun&ng hbrartes Reductton tn state fun&ngfor local law enforcement (HB 599 Funds) If no budget agreement ts reached, the ortgtnal btenntum budget becomes law Catheryn Whttesell, Dtrector of Management Servtces, advised the Operattng Budget has tncreased by 6 48%, wtth the majortty of this growth assoctated wtth financtng of the major projects and these are reflected tn the Debt Servtce Ctty Operattons OPERATING BUDGET FY 2000-O1 Adjusted Budget $ 455,945,870 FY 2001-02 Proposed Budget $ 481,248,921 Percent Change 5 55% 5 32% School Operattons 533, 786, 745 562,169, 75 7 Capttal ProJects 34,912,546 38,355,289 9 865¢ Debt Servtce 16 265¢ 94,207,582 109,529,148 TOTAL $1,118, 852, 743 $1,191,303,115 6 48'% Matntatntng current servtce levels whtle addresstng communtty needs $17 7-MILLION tn addmonal fundmg for Schools through the Ctty/School revenue shartng program Conttnuatton of the Ctty Page and Beach Magaztne 25 new firefighters for the new General Both Ftre Statton 23 new postttons to staff the new Princess Anne Ltbrary 9 addtttonal postttonsfor the E911 Communtcattons Center Rock 'N Roll Half Marathon Expanston of yard debrts Program Staffing for the Advanced Technology Center and workforce development 4 5% mertt tncreasesfor ehgtble members 7 new Pohce supportpostttons to tmprove communtty safety March 27, 2001 - 21 - Item V-H. PRESENTATION ITEM # 47952 (Continued) FY 2001-2002 MANAGEMENT RESOURCE PLAN CAPITAL IMPROVEMENT PROGRAM Approved Proposed Percent Change FY 2000-O1/FY 2005-06 FY 2001-02/FY 2006-07 Ctty General $ 643,936,199 $1,001,336,834 55 50% Improvements School Improvements 387, 43 7, 693 418, 565, 775 8 03% Uttltttes Improvements 407,478,161 414,634,457 1 76% TOTAL $1,438,853,053 $1,834,537,066 27 50% Contemporary Arts Center addttton Rural Road Improvement Program Lasktn Road Gateway Btrdneck Road - Phase II Conttnutng to focus on renovation and renewal program Ftre apparatus replacement Baystde Ltbrary and Pohce Prectnct Multt-use recreatton fields Resort area netghborhood revttahzatton Prtncess Anne Plaza Sewer Rehabtlttatton Replacement of 1,700 emergency radtos wtth dtgttal equtpment Major Projects Tax Increases 2.5% increase in the hotel tax 1% increase in the restaurant meals tax 5 cent per pack cigarette tax increase SCHEDULE RES O UR CE MANAGEMENT PR OCESS Topic Location Date/Time Econorruc Vitality/Safe Community/Policy & Decision Support Workshop Conference April 3ra Room 10:00 AM Quality Education for Lifetime Learning Workshop Conference April l0th Room Proposed FY 2001-02 Resource Management Plan Public Hearing April 12th Prtncess Anne Htgh School 6:00 PM Quality Physical Environment/Operational Support Workshop Conference April 17th Room Cultural & Recreational Opportunlties/Famdy Youth Opportunities Workshop Conference April 24th Room Proposed FY 2001-02 Resource Management Plan Public Hearing April 24th Counctl Chamber 6:00 PM Reconciliation Workshop Conference May 1st Room Resource Management Plan - Adoption Spectal Meettng May 15th Counctl Chamber 4:00 PM March 27, 2001 - 22 - Item V-H.2. INTR OD UCTION ITEM # 4 7953 Mayor Oberndorf tntroduced the following Boy Scouts tn attendance to earn their mertt badges TROOP 417 Mick Rankin Scout Master Sponsored By: Saint Andrews Methodist Church TROOP 14 Sponsored By: Saint Michaels Lutheran Church March 27, 2001 - 23 - Item V-I. 1. PUBLIC HEARING ITEM # 4 7954 Mayor Oberndorf DECLARED A PUBLIC HEARING LEASE OF CITY-OW1VED PROPERTY to Great Neck Baseball League The followtng regtstered to speak tn SUPPORT: .lan A .lanson, Post Office Box 3004, Prestdent- Great Neck Baseball League Ted Gardner, Rtverhaven Ctvtc League, 1447 Back Cove Road There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING March 27, 2001 - 24 - Item V-l. 2. a/b PUBLIC HEARING ITEM # 4 7955 Mayor Oberndorf DECLARED A PUBLIC HEARING FARMERS' MARKET LEASES Creekmore's Place Deer Run Farms Produce and General Merchandtse There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 27, 2001 - 25 - Item V-J. ORDINANCES ITEM # 47956 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE MOTION, Ordinances 1, 2a/b, 4, 5, 8, 9, 10 and 11 of the CONSENTAGENDA. Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Counctl Members Absent None Counctl Lady McClanan voted a VERBAL NAY on Item 4 Counctl Lady Henley ABSTAINED on Item 4 as she and her husband are the owner of Henley Farms and thts would affect thetr bustness March 27, 2001 Item V-J. 1. - 26- ORDINANCES ITEM # 4 795 7 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED: Ordtnance to AUTHORIZE the Ctty Manager to enter tnto a LEASE of ctty-owned property to Great Neck Baseball League (GNBL, Inc.) at Great Neck Dtstrtct Park (L YNNHA VEN- DISTRICT 5) (Scoreboard shall not exceed 8~ feeO Vottng 11-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wilson Council Members Vottng Nay None Counctl Members Absent None March 27, 2001 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND GNBL, INC., flk/a GREAT NECK BASEBALL LEAGUE FOR A PORTION OF GREAT NECK DISTRICT PARK WHEREAS, the City of Virginia Beach ("City") is the owner of that certain parcel of land containing approximately 70.18 acres, together with all improvements, located ~n Virginia Beach, Virginia, and known as the Great Neck District Park ("Park Site"); and WHEREAS, GNBL, Inc., f/k/a Great Neck Baseball League, has been leasing an 9 11.77 acre parcel of the Park Site since 1993 for the purpose of operating their youth baseball league on the City ballflelds located on the leased parcel Said portion of the Park Site to be leased is shown and described on that certain plat entitled' "SKETCH OF 12 BALLFIELD LEASE AREA FOR GREAT NECK BASEBALL LEAGUE, INC; LYNNHAVEN BOROUGH; VIRGINIA BEACH, VIRGINIA; SURVEY BUREAU; ENGINEERING DIVISION; 14 DEPARTMENT OF PUBLIC WORKS; CITY OF VIRGINIA BEACH, VIRGINIA; SCALE. 1" 1.5 = 100'; DATE: MARCH 13, 1998." A copy of said plat is attached as Exhibit A; and WHEREAS, GNBL, Inc., f/k/a Great Neck Baseball League desires to continue its operation of a youth baseball league at the Park Site; and 18 WHEREAS, City staff recommends approval of the execution of a new lease for that portion of the Park Site to GNBL, Inc., f/k/a Great Neck Baseball League for the operation 2 0 of their youth baseball league for the period of March 31, 2001 thru December 31, 2005. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That the City Manager ~s hereby authorized to execute a lease between the C~ty and 24 GNBL, Inc., f/k/a Great Neck Baseball League for use of that porbon of the Park Site ~n 2.5 accordance with the Summary of Terms attached hereto, and contaimng such other terms 26 27 as are acceptable to the City Manager and approved by the City Attorney Adopted by the Council of the City of Virginia Beach, V~rginia, on the 27~ day of 2 8 March, 2001 O,~NTENT De~)~rfment of Parl~nd Recreabon APPROVED AS TO LEGAL SU~ENCY. Department of Law FIELD 4 AREA TO LEAS£D ro~ et' Berm FIELD I -.,( 5HO EH VE 5KETCH OF BAI (FIELD LEASE AREA FOR GREAT NECK BASEBALL LEAGUE. IRC LYNNHAVEN BOROUGH VIRGINIA BEACH. VIRGINIA SURVEY BUREAU ENGINEERING DIVISION DEPARTIIENT OF PUBUC WORKS CITY OF VIRGINIA BEACH. VIRGINIA I DATE~ I~ARCN 13. 1998 leo d=\ Joyce~dgn~{ltnkpl#.d.. EXHIBI~ B March 6, 2001 Ms. Sara Hensley Director of Parks and Recreation City of Virginia Beach Municipal Center, Bldg. #21 Virginia Beach, VA 23456 Dear Ms. Hensley: On February 26, 2001, Mr. Doug Cherry met with officers and members of Riverhaven Civic League to discuss the 2001-2005 lease of a portion of Great Neck District Park to the Great Neck Baseball League. Mr. Cherry very capably reviewed the proposed new terms and conditions of the five year lease, especially regarding 1) authorized days and hours of use of the leased premises; 2) temporary (only) display of corporate sponsorship banners; 3) installation and use of silent electronic scoreboards; and 4) the limited use of temporary, portable loudspeakers. Please be advised that following our meeting with Mr. Cherry, members of the Riverhaven Civic League voted to accept and support all of the aforemenboned terms and conditions of the lease of city property to the Great Neck Baseball League, subject to the following modifications. A) The terms of Item 4, "Use of Temporary, Portable Loudspeakers" would be acceptable, if the City included appropriate terminology to allow the City to temporarily or permanently revoke the right of lessee to use such loudspeakers, if this privilege were abused by the lessee B) The terms of Item 5, "Installation and Use of Silent Electronic Scoreboards" would be acceptable if the height of scoreboards were limited as follows: bottom of the scoreboard to be no more than 1 foot above the (chain line) fence surrounding the playing fields; .top of the scoreboard to be no more than 8.5 feet above the ground. On behalf of the officers and residents of the Riverhaven Civic League, we genuinely thank you for having a representative of your department meet with us to discuss this important matter. It is especially meaningful that this was done prior to submitting the new lease to the City Council for its consideration. Sincerely, Ted W. Gardner, President Riverhaven Civic League Item V-J.2.a/b -27- ORDINANCES ITEM # 4 7958 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnances to AUTHORIZE the Ctty Manager to enter tnto LEASES at the Farmers Market: Elsie V. Creekmore and Sharon C. Mosley t/a Creekmore's Place for space # 7 Caroline J. Buffington t/a Deer Run Farms Produce and General Merchandise for space #9 I/ottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Mandtgo, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wilson Counctl Members Vottng Nay None Councd Members Absent None March 27, 2001 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO LEASE TWO SPACES AT THE VIRGINIA BEACH FARMERS MARKET WHEREAS, for over two decades, the City of Virginia Beach 5 has leased spaces in the Farmers Market located at the intersection 6 of Princess Anne and Dam Neck Roads; WHEREAS, two spaces at the Farmers Market are available 8 for lease, and City staff has identified persons wishing to lease 9 these spaces; and 10 WHEREAS, a public hearing concerning the proposed leases 11 has been advertised and conducted. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 14 1. That the City Manager is hereby authorized on behalf 15 of the City of Virginia Beach to enter into a lease agreement with 16 Caroline J. Buffington (trading as "Deer Run Farms Produce and 17 General Merchandise") for Space #9 at the Farmers Market. 18 2. That the City Manager is hereby authorized on behalf 19 of the City of Virginia Beach to enter into a lease agreement with 20 Elsie V. Creekmore and Sharon C. Mosley (trading as "Creekmore's 21 Place") for Space #7 at the Farmers Market. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2001. CA8053 F:~Data~ATY~Ordin~NONCODE~FM #9 and FM #7.ord.wpd March 19, 2001 R2 APPROVED AS TO CONTENT: 6epartment of Ag~culture APPROVED AS TO LEGAL SUFFICIENCY: C~ty Attorney's[Office SUMMARY OF TERMS LEASE FOR SPACE #7 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space 7 Elsie V. Creekmore and Sharon C. Mosley t/a "Creekmore's Place" TERM: April 1,2001 through June 30, 2003 RENT: Base Rent is $242 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise consistent w~th the purpose of the Farmers Market. Maintain leased space, including heating and air conditioning units. Purchase commercial general liability ~nsurance. Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Farmers Market and structural elements of the leased space. Pay for water, sewer and, in most cases, electrical service. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. SUMMARY OF TERMS LEASE FOR SPACE #9 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Space 9 Caroline J. Buffington t/a "Deer Run Farms Produce and General Merchandise" TERM: April 1,2001 through June 30, 2003 RENT: Base Rent is $455 per month RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for retail enterprise consistent with the purpose of the Farmers Market. Mmntain leased space, including heating and air conditioning tm~ts. Purchase commercial general liability ~nsurance. Keep retail space open during hours of Farmers Market operation. RIGHTS AND RESPONSIBILITIES OF CITY: Maintmn common areas of the Farmers Market and structural elements of the leased space. Pay for water, sewer and, in most cases, electrical servme. TERMINATION: City may terminate by providing Lessee sixty (60) days notice. - 28 - Item V-J.3. ORDINANCES ITEM # 4 7959 Attorney Wtlham Btshoff, advtsed a stgned agreement and posted bond have been recetved from Luna Sea He further advtsed the rathng wtll come down before Aprtl 30~h and the enttre roof by December 31st Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED: Ordtnance to grant an open atr cafd franchise to LUNA SEA, INC. at 206 22"a Street (DISTRICT 6 - BEACH) (Deferred March 6 & 13, 2001) Vottng 7-4 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf and Vtce Mayor Wtlham D Sessoms, Jr Council Members Vottng Nay Margaret L Eure, Reba S McClanan, Nancy K Parker and Rosemary Wtlson Counctl Members Absent None March 27, 2001 AN ORDINANCE GRANTING A FRANCHISE TO LUNA SEA, INC., TO OPERATE AN OPEN AIR CAF~ WHEREAS, by ordinance adopted August 8, 2000 (Ordinance 5 No. 2606I), City Council granted a franchise to Loco, LLC 6 (predecessor to Luna Sea, Inc.) to operate an open air caf~ 7 adjacent to its existing restaurant, Luna Sea Cantina Mexicali, 8 located at 206 22nd Street, from the date of adoption of the 9 ordinance until April 30, 2001; 10 WHEREAS, the grant of the franchise was conditioned, 11 among other things, upon the Grantee's agreement to bring the roof 12 of the caf~ into compliance with the City's caf~ regulations, on 13 or before October 31, 2000; 14 WHEREAS, because this condition had not been met as of 15 October 31, 2000, the City filed suit in Circuit Court on November 16 3, 2000, to have operation of the caf~ enjoined; 17 WHEREAS, on November 17, 2000, the Circuit Court entered 18 a Consent Order continuing the matter until December 18, 2000; 19 WHEREAS, on December 18, 2000, the case was continued 20 again until January 24, 2001; 21 WHEREAS, pursuant to the Consent Order, Luna Sea, Inc., 22 agreed not to operate the caf~ "unless or until relief is granted 23 by the Virginia Beach City Council," or until the case could be 24 heard on its merits; 25 WHEREAS, on January 23, 2001, City Council had on its 26 agenda ~An Ordinance to Authorize a Temporary Encroachment into a 27 Portion of the Right-of-Way Known as 22n~ Street by Rocket 28 Investments, LLC, its Heirs, Assigns and Successor in Title"; 29 WHEREAS, City staff recommended that the request for a 30 temporary encroachment be denied since, if granted, it would have 31 permitted Luna Sea, Inc., as lessee of the subject property from 32 Rocket Investments, LLC, to continue to operate the caf~ without 33 removing the roof of the cafe, or complying with any of the other 34 caf~ regulations; 35 WHEREAS, prior to City Council's formal consideration of 36 the ordinance, City staff, at the Council's direction, met with the 37 caf~ operator and her legal counsel, and negotiated an agreement 38 whereby Luna Sea, Inc., will bring the roof of the caf~ into 39 compliance with the caf~ regulations by December 31, 2001, and will 40 post a bond in the amount of $15,000 to guarantee its performance 41 of this condition; and 42 WHEREAS, based upon this agreement, City staff recommends 43 that a five-year franchise be granted to Luna Sea, Inc. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 46 1. That a franchise is hereby granted to Luna Sea, 47 Inc., to operate an open air caf~ at 206 22nd Street from the date 48 of adoption of this ordinance to April 30, 2006, conditioned on its 49 removal of the cafe's roof on or before December 31, 2001; its 50 provision of liability insurance coverage, a security bond, and the 51 applicable franchise fee; and its compliance with all of the terms 52 and conditions of the Franchise Agreement; and 53 2. That the City Manager, or his duly authorized 54 designee, is hereby authorized to enter into a Franchise Agreement 55 with Luna Sea, Inc., subject to the aforementioned conditions. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2001. CA-8026 noncode\Luna Sea Franchise.ord February 28, 2001 R3 APPROVED AS TO LEGAL S Uc~/~~o - 29 - Item V-d. 4 ORDINANCES ITEM # 4 7960 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to AMEND and REORDAIN 3g 33-114 4 of the Ctty Code re encroachments tnto pubhc rtghts-of-way by certatn Directional Signs concerntng the locatton of farms or farm stands tn agriculturally zoned dtstrtcts Vottng 9-2 (By Consent) Counctl Members Voting Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Reba S McClanan Counctl Members Abstatntng Barbara M Henley Counctl Members Absent None Counctl Lady Henley ABSTAINED as she and her husband are the owner of Henley Farms and thts would affect thetr bustness March 27, 2001 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPROVE ENCROACHMENTS INTO PUBLIC RIGHTS-OF- WAY BY CERTAIN DIRECTIONAL SIGNS CONCERNING THE LOCATION OF FARMS OR FARM STANDS 7 Section Added: 8 33-114.4 City Code Section WHEREAS, for many years, the City's agricultural industry has 10 been an integral part of the City's economy; and 11 WHEREAS, agriculture is also an important part of the City's 12 cultural heritage, having flourished in Virginia Beach for more 13 than three centuries; and 14 WHEREAS, because of low crop prices and other reasons, many 15 farmers have shifted their operations, wholly or partly, from grain 16 and livestock production to the raising of high-value crops, such 17 as fruits and vegetables, and "agritainment;" and 18 WHEREAS, many farmers depend, in significant part, upon 19 tourists and residents to visit their farms or farm stands in order 20 to participate in activities such as horseback and pony rides and 21 other "agritainment," and to purchase fruits, vegetables and other 22 items of an agricultural nature; and 23 WHEREAS, many residents of, and tourists vacationing in, 24 Virginia Beach enjoy visiting the City's farms and farm stands and 25 participating in the aforesaid activities as a recreational and 26 leisure pursuit; and 27 WHEREAS, the fact that most of the farms in Virginia Beach are 28 not on major roads makes it difficult for many residents and 29 tourists to locate them; and 30 WHEREAS, the City Zoning Ordinance prohibits signs placed on 31 private property other than the property on which the farm or farm 32 stand which is the subject of the sign is located; and 33 WHEREAS, it is the sense of the City Council that, by 34 allowing agricultural signs in the public rights-of-way under 35 strict controls, the interests of the agricultural community and 36 those of the residents of and visitors to the City would be well- 37 served, in that the erection of a limited number of attractive, 38 well-maintained signs in appropriate locations would facilitate the 39 visitation of farms and farm stands by residents and tourists, 40 promote the interests of agriculture and tourism, and provide 41 reasonable opportunities for farmers to identify the location of 42 their farms and farm stands without resulting in a proliferation of 43 signage; 44 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 45 VIRGINIA BEACH, VIRGINIA: 46 That Article VI of Chapter 33 of the City Code be, and hereby 47 is, amended and reordained by the addition of a new City Code 48 Section 33-114.4, which shall read as follows: 49 ARTICLE VI. 50 ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC WAYS, PLACES OR PROPERTY 51 52 53 Sec. 33-114.4. Encroachments by certain directional siqns concerning the location of farms or farm stands. 54 (a) Notwithstandinq the Drovisions of Section 33-114.1 of 55 this Code, the City Manaqer or his desiqnee may, and is hereby 56 authorized to, approve the encroachment, in, upon or over any 57 public street or other publicly-owned property, of any siqn 58 conforminq to the followinq criteria: 59 (1) Such sign shall be owned by the City, and may be 60 located, relocated or removed at the discretion of 61 the City Manager; 62 .(2) Such sign may contain only the followinq matter: 63 (i) the name of a farm or farm stand on which at 64 least fifty per cent (50%) by value of the 65 products sold at such farm or farm stand have 66 been produced on the farm of the operator 67 thereof, or the name of a farm on which 68 aqriculturally - related recreational and 69 amusement activities are conducted; 70 (ii) directional arrows indicatinq the qeneral 71 direction of each such farm or farm stand; and 72 (iii) such loqo or other pictorial or graphic matter 73 as may be approved by the City Manaqer; 74 (3) Such siqn shall be of a size, type and design 75 approved by the City Manager, and shall be located 76 on public property at or near street intersections 77 south of the Green Line; and 78 (4) The name of any such farm or farm stand may be 79 displayed on a maximum of four (4) such siqns at any 80 one time. 81 (b) Application for the inclusion of the name of a farm or 82 farm stand upon a siqn or signs authorized by subsection (a) hereof 83 shall be made annually by no later than January 15th. Each 84 application shall be accompanied by a fee in an amount determined 85 by the City Manaqer or his desiqnee to be sufficient to defray the 86 costs of includinq such farm or farm stand on the number of signs 87 requested. 88 (c) In addition to the siqns authorized by subsection (a) 89 hereof, the City Manaqer or his desiqnee may also authorize the 90 encroachment in, upon or over any public street or other publicly- 91 owned property, of signs, not exceedinq an area of twenty-four (24) 92 square feet per face, displayinq words or pictorial or other 93 graphic matter qenerally promoting agriculture in the City of 94 Virqinia Beach. Such siqns may be located at the intersections of 95 roads deemed by the City Manaqer or his desiqnee to be significant 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 entryways to, or major travel routes within, the City's Rural Service Area. COMMENT The ordinance establishes a program pursuant to which owners of farms and farm stands may identify the location of their operations on City-owned and -erected signs placed in strategic locations on public property below the Green Line. The major features of the program, as set forth in the ordinance, are as follows: The design, size, location and content of such signs will be within the exclusive control of the City Manager or his designee, thus avoiding any possible proliferation of individual signs (which, if placed in a location other than the site of the farm or farm stand they identify, constitute billboards and are not permitted under the City Zoning Ordinance); The only matter which would be permitted on a sign would be (1) the name of a farm or farm stand on which at least fifty per cent (50%) by value of the products sold at such farm or farm stand have been produced on the farm of the operator thereof, or the name of a farm on which agriculturally - related recreational and amusement activities (i.e., "agritainment") are conducted; (2) directional arrows indicating their locations; and (3) together with such other logo or pictorial matter as is approved by the City Manager or his designee, will be permitted on a sign; An agricultural operation may have its name displayed on no more than four signs at any one time; and As with any encroachments upon public property, the City retains the authority to locate, relocate, or remove signs. In addition to authorizing the placement of signs identifying the location of farms or farm stands, the ordinance also authorizes the encroachment of signs generally promoting agriculture in the City of Virginia Beach. Such signs, which may not exceed an area of twenty-four (24) square feet per face, would be located at the intersection of streets deemed by the City Manager or his designee to be significant entryways to, or major travel routes within, the City's Rural Service Area. This type of sign would not display the names of individual agricultural establishments, but would instead promote agriculture in general though the use of logos, slogans and similar representations. 126 127 128 129 130 131 132 133 134 135 136 137 138 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2001. CA-8051 wmm\ ordre s ~ 33 - 114 - 4. wpd R-3 March 16, 2001 APPROVED AS TO CONTENT: ~partment of AgriCulture APPROVED AS TO LEGAL Department of Law Item V-J.$. - 30- ORDINANCES ITEM # 4 7961 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED: Or&nance to APPROPRIATE $2.5,600 tn ctvtl charges collected from Wetlands and Coastal Primary Sand Dunes zomng or&nance vtolattons to the FY 2000-01 operating budget of the Department of Agrtculture re sand dune restoration and enhancement Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 27, 2001 AN ORDINANCE TO APPROPRIATE $25,600 IN CIVIL CHARGES COLLECTED FROM WETLANDS AND COASTAL PRIMARY SAND DUNES ZONING ORDINANCE VIOLATIONS TO THE FY 2000-01 OPERATING BUDGET OF THE DEPARTMENT OF AGRICULTURE TO BE USED FOR WETLANDS AND COASTAL SAND DUNE RESTORATION AND ENHANCEMENT PROJECTS 10 WHEREAS, $25,600 in civil charges from violations of the 11 Virginia Beach Wetlands and Coastal Primary Sand Dune Zoning 12 Ordinance has been paid to the City during FY 2000-01 through 13 February 28,2001, which can be expended to restore and enhance the 14 City's wetlands and coastal primary sand dunes. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 1. That $25,600 in civil charges paid from violations of 18 the Virginia Beach Wetlands and Coastal Primary Sand Dune Zoning 19 Ordinance are hereby appropriated to the FY 2000-01 operating 20 budget of the Department of Agriculture to be used for wetlands and 21 coastal primary sand dune restoration and enhancement projects. 22 2. That estimated revenue from Virginia Beach Wetlands 23 and Coastal Primary Sand Dune Zoning Ordinance civil charges is 24 increased by $25,600. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2001. 27 28 Requires an affirmative vote by a majority of members of City Council. 29 30 31 32 CA8067 F: \Data\ATY\Ordin\NONCODE\wetlands dunes, ord. wpd March 20, 2001 R-3 33 34 35 36 APPROVED AS TO CONTENT: Service~~~ APPROVED AS TO LEGAL SUFFICIENCY City Attorney's O~fic~' - 31 - Item V-d. 6. ORDINANCES ITEM # 4 7962 The following regtstered to speak tn SUPPORT The Honorable Robert McDonnelL House of Delegates, Co-Chair of the General Assembly's Commtttee on Chesapeake and tts Trtbutartes Dennts Traecy, Director of Vtrgtnta Department of Envtronmental Quahty Dr Robert Brumbaugh, Chesapeake Bay Foundatton, 142 West York Street, #318, Norfolk 23510, Phone 622-1964 Chff Love, 2605 Thtrd Place, Phone 481-6449, represented Restore the Oyster Arch Walpole, representattve of Congressman Ed Schrock, regtstered but &d not comment Chfford Schroeder, Last Great Waters, Inc Frank Daniel Regtonal Dtrector of Vtrgtnta Department of Envtronmental Quahty The Honorable Tern Sutt, House of Delegates, registered but &d not speak Doug Marttn, Corps of Engtneers, regtstered but &d not comment The followtng registered tn OPPOSITION: Barbara Messner, Post Office Box 514, Phone 422-1902 Upon motton by Counctl Lady Wilson, seconded by Counctlman Man&go, Ctty Counctl ADOPTED, AS RE VISED *: Or&nance to APPROPRIATE $8,505 from the General Fund Reserve to the Virginia Oyster Heritage program re creattng oyster habitats tn the Ehzabeth and Lynnhaven Rivers, and, challengtng all other Hampton Roads Jurts&cttons to support the program by pledgtng two (2) cents per restdent by 30 June 2001 *That City Counctl hereby encourages local bustnesses, non-profit organtzattons, and citizens to support the Program with prtvate donattons made to the Department of Environmental Quahty on behalf of the City of Vtrgtnta Beach and destgnated for Program fun&ng Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Voting Nay None Council Members Absent None March 27, 2001 Requested by Councilmembers Robert C. Mandigo, Jr. and Rosemary Wilson AN ORDINANCE SUPPORTING THE VIRGINIA OYSTER HERITAGE PROGRAM, APPROPRIATING TWO CENTS PER RESIDENT ($8,505) TO THE PROGRAM, AND CHALLENGING ALL OTHER HAMPTON ROADS JURISDICTIONS TO LIKEWISE APPROPRIATE TWO CENTS PER RESIDENT TO THE PROGRAM WHEREAS, in Virginia's coastal waters along the Atlantic 9 Ocean and the Chesapeake Bay, including the Lynnhaven River and 10 Elizabeth River Systems in Virginia Beach, oysters construct reefs 11 that provide habitat for many species of fin fish and shell fish, 12 filter both algae and sediment from the water thereby improving 13 water quality and enhancing submerged aquatic vegetation growth, 14 and provide direct economic benefit to all Hampton Roads 15 communities; 16 WHEREAS, the oyster population has been severely depleted 17 by over-harvesting, habitat loss, and disease; 18 WHEREAS, depletion of the oyster population has resulted 19 in a decrease in habitat for all fin and shell fish, a decrease in 20 water quality and, consequently, a decrease in the benefit that a 21 thriving oyster population has on Virginia's coastal ecosystems and 22 its economy; 23 WHEREAS, the number of oysters in small rivers has 24 increased through efforts such as three -dimensional reef 25 restoration, aqua culture, improved fishery management, and 26 educational outreach; 27 WHEREAS, the Virginia Department of Environmental Quality 28 has established "The Virginia Oyster Heritage Program," which is 29 a partnership of Virginia state agencies, federal agencies, non- 30 profit organizations, and business groups who have agreed to work 31 together and commit their support for a large-scale oyster 32 restoration effort; 33 WHEREAS, this Program will improve water quality, 34 increase marine bio-diversity in fish habitat, and create a 35 sustainable fishery; and 36 WHEREAS, the City Council wishes to show its financial 37 support for this restoration effort by pledging two (2) cents per 38 resident to the Program. 39 40 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 41 1. That City Council hereby supports The Virginia 42 Oyster Heritage Program, pledges two (2) cents per resident to the 43 Program for the purpose of creating oyster habitats in the 44 Elizabeth and/or Lynnhaven Rivers, and appropriates $8,505 from the 45 General Fund Reserve for Contingencies to fund this commitment; 46 2. That City Council hereby challenges all other 47 Hampton Roads jurisdictions to financially support the Program by 48 also pledging two (2) cents per resident by June 30, 2001; and 49 3. That City Council hereby encourages local 50 businesses, non-profit organizations, and citizens to support the 51 Program with private donations made to the Department of 52 Environmental Quality on behalf of the City of Virginia Beach and 53 designated for Program funding. 54 Adopted by the Council of the City of Virginia Beach, 55 Virginia on the 27th day of March , 2001. CA-8069 data\aty\ordin\noncode\Oysters2.res.wpd March 27, 2001 R5 Locality Chesapeake Franklin Gloucester Hampton Isle of Wright James City Newport News Norfolk Poquoson Portsmouth Southampton Suffolk Surry Virginia Beach Williamsburg York TOTAL TOTAL CONTRIBUTION 1998 Final 2000 Final 193,700 199,184 8,500 8,346 33,900 34,780 136,100 146,437 29,000 29,728 44,800 46,102 179,000 226,900 180,150 234,403 11,300 11,566 97,700 100,565 17,600 17,482 61,700 63,677 6,400 6,829 418,300 12,200 425,257 11,998 56,600 56,297 1,533,700 1,574,801 1,574,801 * $.02 = $31,496.02 of finfm~l] ,~, I ~i~( iif~t~ ()V,~l,,~ ar(~ ~,¥,i, i r¢,r,[', {u()~'l(lr, [1', w{lll Wml'y' (Ira{c,( t 'JlhlJl~ / (? i ti( J ' } r,lllll{ lil(l~l HERITAGEPROGP. AM .... , RecenteffortsbytheVirginiaMarineRe~urces Corn m~ss~ on,theW rg~n ~a I nst~tuteofMa n ne Sc~ence,theChesapeakeBayFoundat~onand others, have beguntoreverseoys[erpopulat~on decl~ nes~ n n verssuc h asthe P ~ a n kata n k, the O rear Wi co m lco, th e Lafayette, theJa mesa nd theEl~zabeth SInce~ 993,theV~rg~n~aManne ResourcesComm~ss~on hasworkedw~thvar~ous pa~nerstobu~ldthree-d~mens~onalreefs~nthese r~vers, manystockedw~thd mease-tolerantoysters Oystersurwvalandreproduct~on havevastly ~mprovedonthesereers In M arch 1999, theV~ rg i n la Depart rnentof Environmental Qual ~ty'sCoasta I Resources Ma nagement Programa ndthe V~ rg~ n ~a Man ne ResourcesComm~ss~on launchedabold~n~t~at~ve tocap~ta I ~zeontheseea~ I ~eraccom pi ~sh merits, a nd esta b l ~ sh ed a part ne rs h~ p ofV~ rg~ n ~a state age nc ~ es, fed era I age nc ~ es, non profl torga n~z at~ OhS andbus~nessgroups TheVlrgln~aOysterHerltage Progra mwascreatedto bn ng more pa rt ners ~ nto reefrestorat~onefforts~ntheCommonwea Ith, garnergreaterfl nanc~alr esourcestowardsreef construction, a ndtotakea newa pproachtoearl ~er reefbu ~ I d ~ n ge ffo rts-esta b ll sh me ntof 3-d ~ me n- s~onal reefssurrounded byenhancedharvestareas A $1ngleadult oystercanfllter upto6Ogallons ofwateraday Beforethmr declme, theBay's oysterscould filteranamount ofwaterequal tothevolumeof theent~reBay~n threetos~xdays Today, ~ttakesa yearormorefor ourremalnlng oysterstodothe same job Photoscourtesy of CBF federa I agenc~ es, bus~ nessa nd non-profltgrou ps, ~nanoff~clalceremonyorlthePl,)nkata~kRiverto "k~ck-off"theV~rg~n~aOyster HentageProgram ELEMENTSOFTHEVIRGINIA OYSTER HERITAGEPROGRAM · Construct 3-d~mens~onal(6-Sfeettal I)oyster hroodstocl-,sanct~mr yreefswhlchcannotbe I~arvested '~- Createharv(;stenhar~cementareasbyspreadlng ,] 6- '] 01 nch¢leep layerofshel laroundthe broodstock~,a nctuaryreefs -i' h ~swl II provide a su stal nab I(~fl sher yforV~ rg ~ n lawa ~ermen ,t, Mon~torreefstodeterm~neth(~rsuccess~n increaslngoysters,waterclarlty, andb~odlverslty ~ Drov~deeducatlonal mater~alsontlreoyster ~ estorat~oneffort, tra ~ n a nd usevol~]nteersfor I eefrestocklngeffo~ ts, andencouragebackyard "oystergar d~,n~ ng"tOaLlgmentrestorat~onefforts PalaceBarReef, athree-d~mens~onaloysterreefconstructedby VMRCm1993 PhotocourtesyofVMRC Theprogramwll lundertakelarqe-scaleoyster restorat ~o n thr oug houtV~ rg~ n ~a 'scoasta I zone- ~nclud~gtheseas~de OnAugust4, Secretaryof N atu ra I Reso u rces]o h n Pau I Wood I eyj o~ned representat~w?sfromtl~estate, I~)( al ~t~es, Watermenhar, ngoystersusmgadredge PhotocourtesyofVMRC PHASEONE- RAPPAHANNOCKRIVER PhaseOneoftheVlrglnlaOysterHerltage Progra m ~ nc I udesco n struct ~o n of n ~ n e, one-acre 3-dlmens~onalreefslntheRappahannockRiver -rhese brood stoc ksa nctua ryreefsw~ I I each be surrounded bya bout2 5-acresofrestoredshel I bottomtoenhancetheoysterflshery When PhaseO ne ~scompletethe programw~ I I address a not hera rea w~ th~ n W rg~ n ~a 'scoasta I zo ne Whyth e Rappahannock ? H Istor~cally, theRappahannockR~verhashad someofthemostproduct~veoysterreefs~nthe state ThelowerRappahannockhasbeenclosed to harvestl ng fora boutfl veyea rs, a I Iowl ng natu- ralselect~ontoprogresstothepo~ntthatwe nowhavelarge,apparentlydlsease-tolerant broodstoc koysters, butal mostnoaval lable shelltoprov~dehabltatforthelroffsprlng The RappahannockRiverlspartlcularlyprom~slng becausethe la rge 5 - to 6 -yea r-o I d oyste rs fou nd here prod uces~ gn ~flca ntl ymoreoffspr ~ ngtha n 1-to2-year-oldoysters Weknowthatfecund~ty (reproduct~on)~ncreasesexponent~allywlthage oysters, shel Isfounl yearsofage Whatrestorationworkisunderway? Co nstruct ~ o n oft heft rstofthe n ~ nereefs ~ n the RappahannockRiverhasbeenperm~tted, ~nclud- ~ng25acresofrestoredharvestareasurround~ng thereefs Construct~onofthesereefs~sslatedto beglnthlsspr~ng TheVlrglnlaMarlneResources Comm ~ss~o n hascom pleted astockassessmentof thereefarea Th~sassessment ~ncludedasurvey ofthequant~tya ndd ~str~ but~onofoysters ~ nthe restorat~onareasandananalyslsofpotent~ally usabler~verbottom TheVirg~n,aManneResources Corn m~ss~oncontractedw~th watermentohelpcleanand preparethenverbottomprmr toconstruct~onofthenewreefs PhotocourtesyofVMRC PerS~,eConstruct~on Costs OneAcreof3-DSanctuaryReef $100,000 (Basedon 100,O00bushelsofshell at$~ 00perbu~hel) P-oodstock HatcherySeed$3,125 , ~asedononeacreof VIRGINIA OYSTER HERITAGE PROGRAM PARTNERS State Organizations V~rg~nla Department of Env.onmental QLJal~ty/Con%tal Resources Management fh ogram V~rgm~a Marine Resources Commms~on V~rgmm Insbtute of Marme Science Vtrgmm Estuanne and Coastal Research Rese~vn V~rgm~a Economic Development Partnership V~rgm~a Department of Oon~,ervatlorl an¢ Recreation Wrgln.a Sea Orant Consorbum V. rgmm Office of the Attorney General Vlrgln.a Ofhce of Chesapeake Bay Comn~,,sron Federal Agencies NOAA Ofhce of Ocean and Coastal Resource Management Army Corps of Engineers NOAA National Marine Fisheries q, erwce/ Chesapeake Bay Office NOAA Nahonal Marme Fisheries 5ervme/ Restoral~on Cente~ NOAA Office of Response and Restorahon Department of Defense/Navy EPA Chesapeake Bay Program Ofhce U S F~sh and W~ldllfe Serw~ e/White Marsh Office & Eastern Shore Rr, f~qe Private Organizations V~rgmla Environmental Coastal Conservation Asset hqllOll nf V,q~nm Chesapeake Bay Fo~lndal V~rglma Manufacturers A~so~ Watermen of Vlrg~ma Kellum Bran(I Seafo~)d Wrg~ma Seafood ( V~rg~ma Chamber of Comrm,~ce Mall your tax deductible contrlbutmn payablr, to V~rgmm Oyster Reef Heritage Foundation, lac 610 Moorefleld Park E)r~ve Richmond, Virgmla 23236-3655 VORHF Corporate ID 54-1954062 WE NEED YOUR HELP TO RESTORE OYSTERS TO ALL OF VIRGINIA'S COASTAL WATERS~ Tlx, V~rg~n~a ()¥st(,r i--lei itage l'rogfam t~,ls raised ~,tippc)tt Pha%e C)ne of th(' P~l~am, an(t ( entireties to ~,ek mt(i~I~o~nl state a~(l R'¢teral fun{l~g Each r~,ef ~te will coq abOtlt $400,f)00 to c()~stltlctI I)~ ivjte ct()~at~c)r~s are llP('fJOd J() I}elp raise tl~e m~ll~()r]x of (lc)liars loqLIIr(~cJ lo lostoro o~sters tO all ()I Virqll~la s CJ~esapeake [~ay 1~ ibLILarles Jl~d the s(,a',~(Je I~ays or Virginia's Eastf'rn Shore Ttq(, Virginia Oyster Reef Heritage Foundation has beei~ c,qabllshe(l to (ondtlct tt~e lu ~vaLe aspe('ls of tJ~O Virginia (_)ysl~,~ ~ {e~ ~taqe The F,,t~n~l,,lon seeks and accept', prl,/aLo 1LIIKiS on t)eh,~lf (~f tt~,, Pre,gram ~n f)rcJ(pf 1() {I, Jl~pvc Vlrglr~H Erqdown~er~; I~ns ,]warded chaJJeJ~cje ()l ~i]t t~) acj(' t~;I,/aLe t)tlblrl(%b('S ar~ct Ill(Jl'/l, ltl,-IJ~ ~() CJ('l Ir]VC)lVed J~J(',}~(' C()II%I(I~'[ -1 (]/)lld[l()ll Lr) JJl(' J (_)LJII(IrIJlOI1 all(J tmc~r~r Ir~ (IL)milt] %() yell jls()'Jl(]w yOL[r $~ppc)rt for ( JP(IFlf~f ( (),l~,J(qJ bV~tOl% Flfq(J Irlf'l(Vlqe(J si)e( I(,(, thll)lt,tt ;lll(t rllv('f',lLyl r For more information about the V~rgmla Oyster Her~ta~..J;z~yf~n, "- please call Laura McKay V~rg~ma Coastal Program at DEQ, 8~)698 4323, or James Wesson, V~rgmm Marine Resources Commission (757~ Th~s fact sheet and one million dollars ~n federal funds for the Vlrg~ma Oyster Hentage Program ~s prowded by the V~rg~nla Coastal Program at the Department of Environmental Quality throu~gh a 9rant from the National O( ean~c and Atmospheric Admmmtratlon, Office of Ocean and Coastal Resource Management, under the Coastal Zone Management Act Cover photography crcd,s Chesapeake Bay [oundat~on VMf~(., Desrgn by the Vlrgmla Olhce of (,raph~c (.ommtJfllCallons/L){)f~ Item V-J. 7. - 32 - ORDINANCES ITEM # 4 7963 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED: Ordtnance to estabhsh capttal project for Sandbridge Corridor, tn the FY 2000-O1/FY 2005-06 Capttal Improvement Program(CIP), and, TRANSFER $550,000 re road improvements Surveytng ts necessary to define the rtght-of-way swaps wtth the Ftsh and Wtldhfe Servtce Thts ts not surveying to design the road The Ctty Manager advtsed the survey ts betng conducted on a125-foot wtde strtp of land, some of whtch wtll hopefully be needed for the upgraded roadway The Ctty's tntent parttcularly tn the area east of Atwoodtown Road ts to construct a two lane roadway wtth adequate shoulders, dttch dratnage and a btke path on one stde Vottng 7-3 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Counctl Members Vottng Nay Margaret L Eure, Reba S McClanan and Rosemary Wtlson Counctl Members Abstatntng Louts R Jones Counctl Members Absent None Counctlman Jones DISCLOSED and ABSTAINED as he has an ownershtp tnterest tn Resource Bank whtch exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creek property Counctlman Jones' letter of January 23, 2001, ts hereby made a part of the record March 27, 2001 AN ORDINANCE TO ESTABLISH CAPITAL PROJECT //2-151, SANDBRIDGE CORRIDOR IMPROVEMENTS, IN THE FY 2000-01/FY 2005- 06 CAPITAL IMPROVEMENT PROGRAM AND TO TRANSFER $550,000 FROM CAPITAL PROJECT//2-067, SANDBRIDGE ROAD SAFETY IMPROVEMENTS, TO CAPITAL PROJECT #2- 1 5 1, SANDBRIDGE CORRIDOR IMPROVEMENTS 10 WHEREAS, separate actions have been ~mt~ated to amend the Master Transportation Plan 11 to reflect the deletion of the segment of N~mmo Parkway from Atwoodtown Road to Sandbndge Road and to add Sandbndge Road, along with a portion of Pnncess Anne Road, as the preferred 13 comdor from General Booth Boulevard to Sandfiddler Road; 14 WHEREAS, ~t is recommended that capital project #2-151, Sandbridge Corridor Improvements, be established to fund various roadway improvements along Sandbridge Road and Princess Anne Road from General Booth Boulevard to Sandfiddler Road; and 17 WHEREAS, capital project #2-067, Sandbndge Road Safety Improvements, has surplus funding that can be transferred to the new project. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 1. That capital project #2-151, Sandbndge Comdor Improvements, is hereby established in 2 2 the FY 2000-01/FY 2005-06 Capital Improvement Program for the purpose ohmprovlng Sandbridge 23 Road and Princess Anne Road from General Booth Boulevard to Sandfiddler Road. 24 2. That $550,000 is hereby transferred from capital project #2-067, Sandbndge Road Safety 2 5 Improvements, to capital project #2-151, S andbridge Comdor Improvements, for the purpose of 2 6 funding road improvements 27 28 Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 27th day of March, 2001. 29 30 31 32 CA8068 F'~DataLATY~Ordln\NONCODE\sandbndge lmprov.ord.wpd March 20, 2001 R-3 33 34 35 36 37 38 39 APPROVED AS TO CONTENT: Manageff3~nt S~rvices ~ APPROVED AS TO CONTENT' blic"~ ' ! 'x Pu ofks APPROVED AS TO LEGAL SUFFICIENCY: City Attorney Item V-J. 8. - 33 - ORDINANCES ITEM # 4 7964 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED: Or&nance to authortze a temporary encroachment tnto a portion of the Ctty's 150' dratnage easement by RAYMOND V and DEBORAH T. tFILLIAMSON re constructton and maintenance of a bulkhead, pter, boathft and frame shed at 901 La Tterra Court (PRINCESS ANNE - DISTRICT 7) The followtng conchttons shall be reqmred The temporary encroachment shall be constructed and mamtatned tn accordance with the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth the Ctty's spectficattons and approval as to stze, ahgnment and locatton The temporary encroachment shah termtnate upon nottce by the Ctty to the apphcant and, wtthtn thtrty (30) days after such nottce ts given, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant will bear aH costs and expenses of such removal The apphcant shall tndemntfy and hold harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tncluchng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or existence of the temporary encroachment No permtsston or authortty ts gtven to the apphcants to permtt the matntenance or constructton of any encroachment other than that spectfied herein and to the hmtted extent spectfted heretn, nor to permit the matntenance and construction of any encroachments by any one other than the apphcant The apphcant shall matntam the temporary encroachment so as not to become unstghtly or a hazard and assumes all responstbthty and habthty wtth relatton to the temporary encroachment 6 The temporary encroachment must conform to the mtntmum setback requtrements as estabhshed by the ctty The apphcant shah obtatn a permtt from Waterfront Operattons of the Planntng Department prtor to commenctng any constructton wtthtn the encroachment area The Ctty, upon revocatton of such authortty and permtsston so granted, may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn any mannerprovtded by law for the collectton of local or state taxes, may requtre the apphcant to remove such temporary encroachment, and, pending such removal, the City may charge the apphcant for the use of such portton of the Ctty's rtght-of-way encroached upon the equtvalent of what would be the real property tax upon the land so occupted tf tt were owned by the apphcant, and tf such removal shall not be made wtthtn the ttme spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars ($I00 00) per day for each and every day that such temporary encroachment ts allowed to conttnue thereafter, and, shall collect such compensatton and penalttes tn any manner provtded by law for the collection of local or state taxes March 27, 2001 Item V-J.& - 34- ORDINANCES ITEM # 47964 (Continued) Votmg 11-0 (By Consent) Councd Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and Rosemary Wdson Councd Members Vottng Nay None Counctl Members Absent None March 27, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S 150' DRAINAGE EASEMENT BY RAYMOND V. WILLIAMSON AND DEBORAH T. WILLIAMSON, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, RAYMOND V. WILLIAMSON and DEBORAH T. WILLIAMSON desire to construct and maintain a bulkhead, a pier and boat lift, and a frame shed within the City's 150' drainage easement located behind their property in Lagomar, Section Six, Phase Three, Part A. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments within the City's existing easements subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, RAYMOND V. WILLIAMSON and DEBORAH T. WILLIAMSON, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a bulkhead, a pier and boat lift, and a frame shed in the City's 150' drainage easement as shown on that certain plat entitled: "ENCROACHMENT REQUEST BULKHEAD, FILL, PIER AND LIFT FOR RAYMOND V. & DEBORAH T. WILLIAMSON LOT 199, LAGOMAR, SECTION 6, PHASE 3, PART A PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA (M.B. 231 PG. 91-95) DATE: NOV. 9, 2000," a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and RAYMOND V. WILLIAMSON and DEBORAH T. WILLIAMSON (the "Agreement"), which is attached hereto and incorporated by reference; and 37 38 39 40 41 42 43 44 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as RAYMOND V. WILLIAMSON and DEBORAH T. WILLIAMSON and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2001. 45 46 47 48 CA#- ~'D ! '7 TKENN\ENCROACH\WMSON.ORD R-1 PREPARED: 3/8/01 APPR(~E~D_ AS TO CONTENTS ~/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND ~3RNI) CITY-A-~ORNE~ [OCAIION MAP SCA[[: 1" -- 1,600' \ \ R \ \ ~ LOCATION i/ ,, ...~ ! ! ! LOCATION MAP FOR ENCROACHMENT REQUEST OF RAYMOND V. & DEBORAH T. WILLIAMSON FOR BULKHEAD, FILL, PIER AND LIFT / / SCALE: 1" -- 100' PREPARED BY P/vV ENG. DRAFT. 02-MAR-2001 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811(a)(3~ AND 58.1-811 REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 20 dl , by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and RAYMOND V. WILLIAMSON and DEBORAH T. WILLIAMSON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). W I T N E S S E T H: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as: Lot 199, Section Six, Phase Three, Part A, Subdivision of Lagomar, as shown on the plat recorded in the Circuit Court Clerk's Office of the City of Virginia Beach in M.B. 231, at Page 94, and being further designated and described as 901 La Tierra Court, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a bulkhead, a pier and boat lift, and a frame shed, a "Temporary Encroachment" in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City 150' drainage easement located across the rear of the Grantee's property, the "Encroachment Area", and GPIN: 2414-91-8252 the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the city of Virginia Beach, and in accordance with the City's specifications and approval, and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST BULKHEAD, FILL, PIER AND LIFT FOR RAYMOND V. & DEBORAH T. WILLIAMSON LOT 199, LAGOMAR, SECTION 6, PHASE 3, PART A PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA (M.B. 231 PG.91- · "a copy of which is 95) DATE. NOV. 9, 2000, attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after such notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. The Grantee assumes all responsibility and liability with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must obtain a permit from Waterfront Operations of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, RAYMOND V. WILLIAMSON and DEBORAH T. WILLIAMSON, husband and wife, the said Grantee has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk ~on'd 9. Wiliiam~on S _EAL) 'D~orah T. Williamsofi STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public CITY/COUNTY dF Vl~Qlnl, ~6~ , to-wit: The foregoing instrument was acknowledged before me this ~f~ day of ~b~~ , 200~ , by RAYMOND V. WILLIAMSON and DEBORAH T. WILLIAMSON, husband and wife. My Commission Expires: ~/~10~ [.EI3AL ' .... ' Notary Public ~,J::;PROVED AS TO CONTENT I)EPAI~TMENT LOT 116 / N/F dOHN MARKHAM 2424-01-1147 EXISTING "-1 DRAIN PIPEI PIN (F) t. REP. LOT 200 N/F DANIEL PILCHER 24-14--91-9378 10' DRAINAGE EASEMENT m PIN (F) LOT 117 N/F DUANE HEIDLER 24-24-01-0079 S 2.'.'5'40'00" W 78 00' UNNAMED CANAL B TIEDOWNS REP (1) A = 13' REP (2) A = 212' REP (1)B = 62' REP (3) B = 17,3' REF (3) C = 121' REP (2) D = 6' OH W AT TOE OF PROPOSED BULKHEAD PROP. 10'x24.' MARGINAL WHARF WITH PWL PROP. V~N ,YI.. BULKHEAD '%,,, 15o VARIABLE ~DTH DRAINAGE EASEMENT TOP OF BAN'K'%,, %''% %''%%',, 8' RET. %'\ '%,% · %'%' / LOT 118 N/F JAMES PHILLIPS 2414-91-908,3 PIN (F) REP. (3) PIN (F) REP. (2) LA TIERRA COURT (5o' R/w) PIN (F) 5' DRAINAGE EASEMENT LOT 198 N/F dOEL PETERSON 2414-91-7225 LAT: N 36'4.4..89' LON: W 76'59.05' 2000 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. PLAN VIEW SCALE 1"= 4-0' WATERFRONT CONSULTING, lNG 1112 JENSEN DRIVE, # 206 VIRGINIA BEACH, VA 2,.3451 PHONE. (757) 425-8244 FAX: (757) 425-8244 ENCROACHMENT REQUEST BULKHEAD, FILL, PIER AND LIFT FOR RAYMOND V. &: DEBORAH T. WlLUAMSON LOT 199, LAGOMAR, SECTION 6, PHASE 3, PART A PRINCESS ANNE DISTRICT VIRGINIA BEACH, VA (M.D. 2,31 PG.91-95) DATE NOV 9. 2000 ~pplicanl's Properl! Looktn~ North 901 La 'i'ierra ('t. North view with shed Looking South Item V-J. 9. - 35- ORDINANCES ITEM # 47965 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Ordtnance to authortze a temporary encroachment tnto a portton of the Ctty's property known as Bass Inlet West by KEVIN D. and RENEE P. SANDERS re constructton and mamtenance ora boat ramp, pter and rip- rap at 2908 Wood Duck Drtve (PRINCESS ANNE - DISTRICT 7), The following conchttons shall be reqmred The temporary encroachment shall be constructed and matntatned tn accordance wtth the laws of the Commonwealth of Vtrgtnta and the Ctty of Vtrgtnta Beach and tn accordance wtth the City's specifications and approval as to size, ahgnment and locatton The temporary encroachment shall termtnate upon nottce by the City to the apphcant and, wtthtn thtrty (30) days after such nottce ts gtven, the temporary encroachment must be removed from the encroachment area by the apphcant and the apphcant wdl bear all costs and expenses of such removal The apphcant shall tndemmfy and hoM harmless the Ctty, tts agents and employees from and agatnst all clatms, damages, losses and expenses, tncludtng reasonable attorney's fees tn case tt shall be necessary to file or defend an actton artstng out of the locatton or extstence of the temporary encroachment No permtsston or authortty ts given to the apphcants to permit the matntenance or constructton of any encroachment other than that spectfied heretn and to the hmtted extent spectfied heretn, nor to permit the maintenance and construction of any encroachments by any one other than the apphcant 5 The apphcant agrees to matntatn the temporary encroachment so as not to become unsightly or a hazard The apphcant agrees to obtatn a permtt from the Development Servtces Center of the Planmng Department prior to commenctng any constructton wtthtn the encroachment area The apphcant agrees that prtor to the tssuance of a permtt, the apphcant must post a performance bond or other form of surety, approved by the Development Servtces Center of the Planmng Department, tn accordance wtth the engtneer's cost esttmate The apphcant shall obtain and keep tn force all rtsk property tnsurance and general habdtty or such msurance as ts deemed necessary by the Ctty, and all msurance pohctes must name the Ctty as addtttonal named tnsured or loss payee, as apphcable The apphcant must also carry comprehenstve general habthty tnsurance tn an amount not less than Ftve Hundred Thousand Dollars ($500,000), combtned stngle hmtts of such tnsurance pohcy or pohctes The apphcant must provtde endorsements provtchng at least thirty (30) days'written notice to the Ctty prtor to the cancellatton or termtnatton of, or matertal change to, any of the tnsurance pohctes The apphcant assumes all responstbthttes and habthttes, vested or contingent, wtth relatton to the temporary encroachment The apphcant agrees that the temporary encroachment wdl conform to the mtntmum setback requtrements as estabhshed by the Ctty March 27, 2001 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A PORTION OF THE CITY'S PROPERTY KNOWN AS BASS INLET WEST BY KEVIN D. SANDERS AND RENEE P. SANDERS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, KEVIN D. SANDERS and RENEE P. SANDERS desire to construct and maintain a boat ramp, a pier, and rip-rap into the City's property known as Bass Inlet West located behind their property in Sandbridge Shores, Section lB South. WHEREAS, City Council is authorized pursuant to §§ 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize a temporary encroachment into the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in §§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, KEVIN D. SANDERS and RENEE P. SANDERS, their heirs, assigns and successors in title, are authorized to construct and maintain a temporary encroachment for a boat ramp, a pier, and rip- rap into the City's property known as Bass Inlet West as shown on that certain plat entitled: "PROPOSED RIP RAP PIER & BOAT RAMP IN BASS INLET WEST NORTH BAY (SANDBRIDGE) VIRGINIA BEACH, VA. APPLICANT: KEVIN SANDERS SHEET 1 OF 4," dated 6/19/00, a copy of which is on file in the Department of Public Works to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and I! KEVIN D. SANDERS and RENEE P. SANDERS (the Agreement ), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement. 37 38 39 4O 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as KEVIN D. SANDERS and RENEE P. SANDERS and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2001. 43 44 45 46 CA#- ~/Z TKEN N\EN CROA CH\SANDERS. ORD R-1 PREPARED: 12/12/00 '7'.)<, APPRO/Y.,,,ED AS TO CONTENTS /-,/ SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AN~RM CITY A-'I'~O RilEY LOCATION MAP SCALE ' 1" = 1,600' I 24 · 2433-24-7[30 ,, LOCATION MAP FOR , KEVIN D. AND RENEE P. SANDERSI ~290g WOOD DUCK DRIV[ I/ %v. // "~ SCALE: 1" = 100'- ~ --] I I '~ll I ~ // FILE: WOOD DUCK DR. DGNI ].o4J L,I I~ I PREPARED BY P/W ENG. CADD. 08-DEC-2000 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4~ REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 20 ~ ~, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, the "City", Grantor, and KEVIN D. SANDERS and RENEE P. SANDERS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, the "Grantee" (even if more than one). W I T N E S S E T H: WHEREAS, the Grantee is the owner of that certain lot, tract or parcel of land designated and described as Lot 97, Sandbridge Shores, Section lB South, being as shown on the plat recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in M.B. 103, Pg. 25, and being further designated and described as 2908 Wood Duck Drive, Virginia Beach, VA 23456; and WHEREAS, it is proposed by the Grantee to construct and maintain a boat ramp, a pier or wharf, and rip-rap, a "Temporary Encroachment in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bass Inlet West (which was dedicated to the City of Virginia Beach by plat recorded in the aforesaid Clerk's Office in M.B. 103, Pg. 25), the "Encroachment Area", and the Grantee has requested that the GPIN: 2433-33-0267 City permit a Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee, and for the further consideration of One Dollar ($1.00) in hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining a Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to- wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PROPOSED RIP RAP PIER & BOAT RAMP IN BASS INLET WEST NORTH BAY (SANDBRIDGE) VIRGINIA BEACH, VA. APPLICANT: KEVIN SANDERS SHEET 1 OF 4," dated 6/19/00, a copy of which (sheets 1 through 4) is attached hereto as Exhibit "A" to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized shall terminate upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Development Services Center of the Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that, prior to the issuance of a permit, the Grantee must post a performance bond or other form of surety, approved by the Development Services Center of the Planning Department, in accordance with the engineer's cost estimate. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability insurance, or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. It is further expressly understood and agreed that the Grantee must obtain a permit from Waterfront Operations of the Planning Department before commencing work within the City's property. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the city, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, KEVIN D. SANDERS and RENEE P. SANDERS, husband and wife, the said Grantee, have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: city Clerk / / ( I K ~.n D Sandors R~nee P. Sanders (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by , City Manager/Authorized Designee of the City Manager, on behalf of the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public APPROVED AS TO COi',,ITEN1 '~- --- 'DEPARTMF~T STATE OF ~/~(~].d~ ---F> [/% CITY/COUNTY dF ~_][~.~%'~_ .~v % , to-wit: The foregoing, instrument was acknowledged before me KEVIN D. SANDERS and RENEE P. SANDERS, husband and wife. My Commission Expires: ~~[~/~~ [ ,~,of. 'a t .PR.O, POSED WH~,A.R,F_._ ~..~ 'PROPOSED BOAT RAMP 1 ~(~ ! 11 WIDE X /q kON~/~,~' ;I2'0'¥1OE X 29'LONG I I PROPOSED R~P R~P ~ ~'~ ~ I PROPOSED R~P RAP I SECTION , - 68 0', ~ ~ // SECTION 2 - ,8'0' ........... S~O'q~'OO'E tO0.O ~~ VICINITy ~AP t' -KX ........ ~"~ ' ~ -I .... I EXIST. OETERIORAfEO (TO SE ~E~OVEO OR CUT OFF ~ELOW GRADE) 2-STORY FRAME ON PILING TIE DOWN OiME#SIONS HOUSE PILING/TOP OF RIP RAP A-! - 61' A-2 - 87' 8-1 - 89' B-2 - 68' ! TO 2 - 98'0' im tm -- mm N 10*q 3' OOW-{-00 ' IL r. SW/,HGER No 05478 ~/~ ~,/o ~' VOOD DUCK DR. $O'RV I j BURPOSE: EROSION CONTROL MOORING OakTUM OHV ~ 0.00 ~DJACENT PROPERTY OWNERS ~EYER$ Z912 wood ouc~ OR 2. ~o~# . PLOT PLAN 1'-30' APPLICkNT ~EVIN SA,OEqS 2908 ~000 DUC~ Oq VIRGINI~ ~E~CH,VA.23q56 AGEqT: KEN THOMPSON 3705 ~osuq OqlVE CHESAPEaKE,VA 25321 SANDBRIDGE SHORES /o'~ PROPOSED RIP RAP PIER & BOAT RARP IN BASS INLET WEST NORTH bAY (SANOBRI~GE) VIRGINIA SEACH,VA &PPLICANT KEVIN SANDERS SHEET I OF 4 muN _ ~k.__+q_ 0' aiOV~ 0.~/0 00 50{ TO 75l HEAVY · EXCAVATE A [2° TRE#CH ~ELO~ MUD LINE FOR TOE P~OTECTIOq FILTER CLOTH UNOEq ALL I _1 F}XlSH GRADE 6X6'CUR~ CCA TREATED EXIST, OET(qlORATED VO00 Sf ILKI. (TO I! 4EHOVED OR CUT OFF IELO¥ GRAOE) IOKEN CONCRIT! TYPICAL SECTION THRU RiP RAP 3/8'-1'0' APPLICANT: K~vtq ~90~ ¥OOO DUC~ Oq VI~G;#IA AGEqT: KEN THOMPSON 5705 ~osuq O~VE CH~SAP~A~E.VA.~SS~! ,,,, ,, , ,, PROPOSED RIP RAP PIER ~ aOAl RARP l# 1ASS INLET VEST NORTH 1AY (SANOIRIOGE) VIRGINIA ~(ACH,VA. APPLICANT: KE¥IN SAqOiiS SHIET 2 OF 4 PLAN OF WHARF 2XS'OECKI#G,I/q'oPEN JOINTS, NAILS I IA.JOIST 2Xl' JOIST I 2q'oc (MAX) TOE NAIL 8 EA. STRINGER L7'*- CURl TOP STONE FINISH GRADE oHv - 0.00 AY. IOTTOM EL.-q.O' TOE OF STONE 2-2X~0' STRINGERS, v/S/I'd THRU IOLTS,OGQE YASHEI$ LES, 8'dBUTT (#In) SOZ PENETRATION IELOV HUD LINE TYPICAL SECTION THRU VHARF l/~'-l'O' APPLICANT: 2908 WOOD ouc~ VIRGINIA tEACH.VA.23q~b AGENT: KEN THOMPSON 3705 sosuN DRIVE CHESAPEAKE,VA.2332! PROPOSED RiP RAP PiER t BOAT RARP lASS IMLET VEST NORTH ~AY (SANORRIOGE) VI~GiIIA lEACH,VA. APPLICANT: EEVIN SANDERS SHEET 3 OF 4 VALE ~8,0OL0#$ REi#F NC O CONCRETE. / 0 o/ ~GxG'cu~a 2x[0' TSG 8' TOP OF STONE PLAN OF BOA! RA~P [/8'-1'0° SECTION THRU BOAT RA~P ./ ,~,~,,~...-~-RA~E FINISH 1/8'=1'0' ~-IxZ'scrEEO a #8'OC 6'(~t.) ~oc~ e~SE .... ~ ~ '~ ~-~~~' ,_ ~~, 2-c~Yt~S lOllO/llO VVF ~ ~,~ ~. SEC1ION THRU SLAB t'-i'O' %. "' 9C, t" ? 31(?'kl APPLICANT: KEVIN SANDERS 2908 MOOD DUCK DR VIRGINIA BEACH,VA.23qS6 PROPOSED RIP RAP PIER I IOAT RARP IN 1ASS INLET MElT NORTH lAY (IANOIRIDGE) VIRGINIA lEACH, VA. AGENT: APPLICANT: KEN THOHPSON KEri# lANDERS 3705 mOSUN OR CHESAPEAKE,VA.2332J./j~/~ ;HEET 4 OF 4 Api}licant's i"rol}e, 2908 V¥'ood Duck Il 2012 Wood Duck D~' 2904 and 2900 Wood Ducg _~- Similar work on same cani~ Item V-J. I O. -37- ORDINANCES ITEM # 4 7966 Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED: Or&nance to ratify amendments to the Bylaws of the Parks and Recreatton Commtsston re open space, monthly meettng date and number of members Vottng I 1-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, }Vtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 27, 2001 AN ORDINANCE TO RATIFYAMENDMENTS TO THE BYLAWS OF THE PARKS AND RECREATION COMMISSION 10 11 12 13 14 15 16 17 18 WHEREAS, the Parks and Recreation Commission on March 1, 2001, approved various changes to its Bylaws; and WHEREAS, Article 9 of the Commission's Bylaws provides that amendments to the Bylaws must be reviewed and ratified by City Council; and WHEREAS, City Council has reviewed these recommended amendments and finds them to be acceptable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby ratifies the amendments to the Bylaws of the Parks and Recreation Commission, as approved by the Commission on March 1, 2001, a copy of which are attached hereto as Exhibit 1 and hereby incorporated by reference. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th day of March , 2001. CA7979 F:\Data\ATY\Ordin\NONCODE\parks & rec bylaws2.ord.wpd January 30, 2001 Ri APPROVED AS TO CONTENT: Park~n' ' APPR SUFFICIENCY: City Attorney EXHIBIT 1 REVISED 3/1/01 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virginia Beach Parks and Recreation Commission has adopted the following amcles in order to facilitate ~ts powers and duties ~n accordance with the prows~ons of the ordinances and resolutions of the C~ty of V~rg~ma Beach, Virginia. ARTICLE 1 That there ~s hereby created a Commission to be known as the V~rg~nla Beach Parks and Recreanon Commission, hermnafler referred to as the "Comm~sslon". ARTICLE 2 -- Purpose of the Commlss~on The Commission shall serve as an advisory body of the Virginia Beach City Council ("Council") for the purposes set forth in th~s amcle. The Commission shall serve as a hmson between Council, the C~ty Manager, the D~rector of the Department of Parks and Recreation therewith, and the mt~zens of the C~ty. The Commission shall consult w~th and advise the C~ty Manager, the D~rector and the Counml in matters affecting open space opcn ap°cc, parks and recreation pohcies, programs, finances, and the acqms~tion and &sposal of lands and propernes related to the total commumty and open space opcn ap°cc, parks and recreation program, and to its long-range projected program for open space opcn ap°cc, parks and recreation. ARTICLE 3 -- Membership Section 1. -- The Commission will be comprised of eleven (11) members. One (1) member shall be appointed by City Counml from the residents of each of the City's seven (7) elect~on d~stricts, and the remmmng members shall be appmnted from among the residents of the C~ty I g ~-` "' ............. ~--' b ........... '~ -"' .... ~-'-/' ~'' ....... t. .......... ~ .... ,. ,~. ..... ~, , ........... z._., ................ P.,'.~ ........ "~'- ti', ~ .................. ' b ........... ~ -~ ...... fi'O;;; amo;;g t[;~ ..... a ...... ~,,._ ~ ..... ~ , ~,-~,,,~ w ,,,~ ~,,_r ~, ,=, ~ The Co~ss~on members are appmnted by Co~ml for such te~s as Counml shall provide. Members will se~e w~thout pay, but ~d~r ce~ain conditions may be prod expenses ~ncu~d whale perfo~ng thmr duties. C~ty staff shall se~e as ex-officio members with no voting power. Other co--unity members requested by the Co--ms,on and approved by Counml shall se~e m ~ ex-officio capamty with no voting power. They shall s~ on~ ye~ te~s or as necessary ~n an adviso~ capacity. Section 2. -- Vacanmes occasioned by removal, resignatton, or otherwise, shall be reported to the Counml, and shall be filled in like manner as original appmntments, except that the term of office is restricted to the unexpired term of office. No member shall accumulate an annual total of more than three absences for reasons other than personal dlness, the illness or death ofa relatzve, or other mrcumstances beyond the member's control. If this hm~tat~on ~s exceeded, the Chmrperson shall forthwith report to the C~ty Clerk the name of the member whose unexcused absences exceed the hm~tat~on, pursuant to Code of the C~ty of V~rg~ma Beach § 2-3.1. In the event of an antm~pated absence, a member shall ddigentiy attempt to not~fy the Secretary of the absence prior to the meeting. Section 3. -- Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. ARTICLE 4 -- Officers The officers of the Commission shall be Chairperson, Vice-Chairperson and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 -- Meetings Section 1.-- Regular meetings shall be held the first Thursday of each month dunng the year, or at such other time of the month as may be determined by malonty vote of all members of Section 2. -- Special meetings may be called by the Chairperson or on the written request of at least three members. Section 3. -- The time and place for the meetings shall be designated by the Chairperson. Section 4. -- The first regular meeting in September of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, review of the inventory report, and other business that may need to come before such meetings. The presentation of the annual report shall be in January of each year. Section 5. -- The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that no fewer than seven voting members must be present to constitute a quorum and no fewer than seven voting members shall constitute an orgamzatlonal meeting. Section 6. -- All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into a closed meeting. Section 7. -- Meetings shall be conducted in accordance with procedures prescribed in the by-laws. Section 8. -- The following shall be the order of business of the Commission, but the Rules of order may be suspended and any matters considered or postponed by action of the Commission. Order of Business: -Call to order -Roll call -Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment -Correspondence -Unfinished business -Committee discussions -Reports from Liaisons -Report from Director -New business -AdJournment Section 9. -- The rules of procedure outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found inconsistent with the by-laws or special rules of the Commission. ARTICLE 6 -- Duties and Responsibilities of the Commission Section 1. -- The Commission shall make recommendations for approval by C~ty Council. 1) The establishment of a system of supervised recreation for the C~ty; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas or bmld~ngs owned or leased to or controlled by the C~ty and may suggest ~mprovements of such lands or braidings, and structures as may be necessary to the recreational program w~th~n funds allocated to the Department. 2) The Commtssion shall assist C~ty Council and the City Manager by appointing subcommittees to study and evaluate certmn matters deahng w~th Parks and Recreation as directed by C~ty Council. Section 2. -- The Commission shall adwse Council in the acceptance of any grant, gffi, bequest or donation of any personal or real property offered or made available for recreational purposes and which ~s judged to be of present or possible future use for recreation or parks Section 3. -- The Commission shall interpret the recreation and park services of the Department to the community and ~nterpret the needs and desires of the commumty to the Council, City Manager and Director. Section 4. -- The Commission shall determine and estabhsh the general pohcies to be followed in carrying out the purposes for which the Commission was established. Section 5. -- Finanmal Duties and Responsibilities -- The Commission shall have no authority to enter into any contract or ~ncur any obligation b~nding the Clty. 1) The Commission shall assist the Director in the development and preparation of an annual budget for the Department to be submitted to the City Manager and subsequently to City Council, at the time designated by the City Manager. 2) The Commission shall assist the Director ~n the development and preparation of an annual budget for capital improvements (acqmsltion and development) ~n accordance with the plan for parks and recreation for the C~ty. Section 6. -- Planmng Duties and Responsibihties -- The Commission shall ~nvest~gate and determine the needs and ~nterests of the commumty for recreation facilities and programs, and recommend recreational programs and facilities to meet these needs and ~nterests. ARTICLE 7 -- Duties of Officers and Relationship of the D~rector of Parks and Recreation Section 1. -- Chmrperson -- The Chairperson shall preside at all meetings, sign official papers, appotnt commtttees, call special meettngs when he or she deems ~t adwsable, and perform all such duties as are usually handled by a Chmrperson, except when such duties are properly delegated. The Chmrperson may succeed himself or herself and shall be elected from the Commission members. Section 2. -- Vice-Chairperson. The Vice-Chairperson shall perform all the duties of the Chairperson, ~n the absence of the Chairperson. The Vice-Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. In the absence of both the Chairperson and the Vice-Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the dunes of the Chairperson. Section 3. -- Secretary -- The Secretary shall perform the usual duties pertaining to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. Th~s ~ncludes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to his or her care. Section 4 -- Executive Committee -- The Executive Committee shall consist of the officers elected by the Commission. It will be their duty to review all matters to be brought before the entire Comm~sston, make recommendations and prepare an agenda for the Commission meetings. Meetings of the Executtve Committee will be held as called by the Chmrperson. Section 5. -- D~rector's Relattonsh~p -- The Director shall have a contlnmng responsibility to explain the organization, responsibilities, working relationships and program objectives of the Department of Parks and Recreation to the Commission The Director of Parks and Recreation shall work closely with the Commission in matters of interest to the Commission, involving the operation of an efficient parks and recreation program tn the City of Virgima Beach. The Director is an ex-officio member (by virtue of h~s/her office) and attends the Commission meetings. The Director keeps the Commission informed concermng the interests, needs, objectives, the progress of plans and other factors related to Parks and Recreation and considered to be of ~mportance to the Commission. ARTICLE 8 -- Reports The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper ARTICLE 9-- Amendments These by-laws may be amended at any regular meeting of' the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been given at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules and regulations governing its procedure shall not be inconsistent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach City Council. Approved this __day of Recreation Commission. ,2001, by the Virgima Beach Parks and Chairperson Secretary F \USERSXPATTI\COMM\bylaws-old exh~b~tl revised Mar I 2001 wpd Item V-J. 11. - 38- ORDINANCES ITEM # 47967 Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED: Tax Refunds: $2,724 16 Vottng 11-0 (By Consent) Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vwe Mayor Wdham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 27, 2001 AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF TIlE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for tax refunds upon certification of the Treasurer are hereby approved Tax Type Ticket Exoneration Date NAME Year of Tax Number Number Paid Penalty Int. Total Elllott Martha 2000 RE(2/2) 00-036967-5 12/05/99 Haycox, Frederick A III Trustee 2000 RE(2/2) 00-054225-6 06/05/00 Johnson, Robert C & Deborah M 2001 RE(l/2) 01-064737-5 EA 11/30/00 L & S 2001 RE(l/2) 01-071467o6 EA 11/30/00 Mill Dam Landing Associates LLC 1999 RE(l/2) 99-083745-8 05/18/99 Mill Dam Landing Associates LLC 1999 RE(2/2) 99-083745-8 04/26/99 Ray, J Teny 2001 RE(l/2) 01-103304-4 11/08/00 Dye, Stanley B 1996 PP(1/2) 96010645648 EA 10/01/99 Perez, Daniel L 1997 PP(1/2) 97011792405 EA 05/11/00 Bergin, Robert PT 600517 01/18/01 Hllhg, Sonja 2001 AL 23120 02/23/01 Martin, Cliff & Sabrena 2001 AL 19594 03/02/01 Woodman, Jay 2001 AL 19595 02/14/01 TOTAL: 4 32 538 37 10 86 1080 25 229 81 229 81 302 47 37 69 176 58 100 00 2 00 10 00 2 00 2724.16 This ordinance shall be effective from date of adoption The above abatement(s) totaling were approved by the Council of the City of V~rglma Beach onthe 271:h dayof March Ruth Hodges Smith Ctty Clerk Cert~ John Approved as to form ~C~ty Attorney - 39- Item V-K. PLANNING ITEM # 4 7968 1. BARR Y BEHRMAN MODIFICATION OF CONDITIONS/ APPROVED APPLICATION (4/2 7/93) 2. BILL Y W. CHAPLAIN CONDITIONAL CHANGE OF ZONING And CONDITIONAL USE PERMIT 3. P & M CONSTRUCTION SERVICES, INC. CONDITIONAL USE PERMIT 4. ATLANTIC ENTERPRISES, INC. CONDITIONAL USE PERMIT March 27, 2001 Item V-K. 1. - 40 - PLANNING ITEM # 4 7969 Barry Behrman, 5612 Prtncess Anne Road, Phone 499-8900 Upon motton by Counctlman Mandtgo, seconded by Vtce Mayor Sessoms, Ctty Counctl APPROVED apphcatton of BARRY BEHRMAN, for a MODIFICATION OF CONDITIONS on the approved apphcatton of Aprtl 27, 1993 Ordmance upon apphcatton of Barry Behrman for Modtficatton of Condtttons attached to the Condtttonal Use Permtt for tndoor recreatton granted by Ctty Counctl on Aprtl 27, 1993, on property located the east stde of Prtncess Anne Road, approxtmately 30feet south of the mtersectton at Princess Anne Road and Parhament Drtve (GPIN 1467-13- 73 73) Satd parcel ts located at 5612 Prtncess Anne Road and contatns 9 223 acres KEMPSVILLE - DISTRICT 2 The followtng condtttons shall be required 1 No customerparktng shall be allowed behtnd thefactltty The estabhshment shall close at 2 O0 AM, except for the followtng dates when the estabhshment may operate 24 hours a day Aprtl 20-29, 2001 Aprt126-May 5, 2002 April 18-2 7, 2003 Aprtl 9-18, 2004 Aprtl 15-25, 2005 ISeptember 7-19, 2001 September 20-29, 2002 September 12-21, 2003 September 3-12, 2004 September 16-25, 2005 If 24-hour a day operatton ts desired after 2005, a wrttten request must be submttted to the Planmng Dtrector tndtcattng the dates of operatton each year for up to a five-year pertod If the Planntng Dtrector finds that the use has been and ts operattng conststent wtth the provtstons and condtttons of the use permtt, the Dtrector shall allow 24-hour a day operatton to conttnue for the spectfied dates requested so long as the number of events and the duratton of events does not exceed that hsted above Parktng lot securtty shall be provtded for a mtmmum of one (1) hour after clostng, except for the above hsted dates Durtng those dates, parktng lot securtty shall be provtded 24 hours a day 4 No alcohol shall be served after 2 O0 AM The apphcant shall provtde the Chtef of Pohce and the Fourth Pohce Prectnct a schedule of the days the estabhshment wtll be open for 24 hours a day no less than 60 days before the event 6 A one (1) year admtmstrattve revtew shall be requtred to ensure comphance wtth these condtttons 7 Trash dumpsters shall not be emptted before 7 a m 8 Trash shall not be emptted tnto dumpsters after lOp m March 27, 2001 Item V-K. 1. - 41 - PLANNING ITEM # 47969 (Continued) Vottng 7-4 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay Margaret L Eure, Reba S McClanan, Mayor Meyera E Oberndorf and Nancy K Parker Counctl Members Absent None March 27, 2001 Item V-K.2. - 42 - PLANNING ITEM # 47970 Attorney Edward Bourdon represented the apphcant Btlly W Chaplatn, the apphcant represented htmself A MOTIONwas made by Counctlman Branch, seconded by CounctlLady McClanan to DENYan Or&nance upon apphcatton of BILLY W. CHAPLAIN a for a Con&ttonal Change of Zontng and Con&ttonal Use Permtt A SUBSTITUTE MOTION was made by Vtce Mayor Sessoms, seconded by Councdman Harrtson to DEFER unttl the Ctty Counctl Sesston of Aprtl 1 O, 2001, an Ordtnance upon apphcatton of BILL Y W. CHAPLAIN a for a Con&ttonal Change of Zoning and Con&ttonal Use Permtt Vottng 4- 7 (MOTION LOST TO A NEGATIVE VOTE) Counctl Members Vottng Aye Wtlham W Harrtson, Jr, Barbara M Henley, Robert C Man&go, Jr, Vtce Mayor Wtlham D Sessoms, Jr Counctl Members Vottng Nay Ltnwood 0 Branch, III, Margaret L Eure, Reba S McClanan, Louts R Jones, Mayor Meyera E Oberndorf Nancy K Parker and and Rosemary Wtlson Council Members Absent None March 27, 2001 Item V-K.Z - 43 - PLANNING ITEM # 47970 (Continued) Upon motton by Councdman Branch, seconded by Counctl Lady McClanan, Ctty Councd DENIED an Ordmance upon apphcatton of BILLY W. CHAPLAIN a for a Conchttonal Change of Zonmg and Conchttonal Use Permtt ORDINANCE UPON APPLICATION OF BILLY W CHAPLAIN FOR A CONDITIONAL CHANGE OF ZONING FROM A-12 AND RT-3 TO CONDITIONAL B-2 Ordtnance upon apphcatton of Bally W Chaplatn for a Conchttonal Change of Zomngfrom A-12 Apartment Dtstrtct and RT-3 Resort Tourist District to Condtttonal B-2 Commumty Bustness Dtstrtct on the west stde of Washtngton Avenue begtnntng at potnt 140 feet more or less south of Vtrgtnta Beach Boulevard, 849 and 853 Vtrgmta Beach Boulevard (GPIN #2417-86-2074) and contams 23,850 square feet BEACH- DISTRICT 6 AND, ORDINANCE UPON APPLICATION OF BILLY W CHAPLAIN FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD Or&nance upon apphcatton of Bally W Chaplatn for a Con&ttonal Use Permit for a bulk storage yard at the southwest corner of Virginia Beach Boulevard and Washtngton Avenue (GPIN #2417-86-2074) Satd parcel ts located at 849 & 853 Vtrgtnta Beach Boulevard and contatns 19,000 square feet BEA CH - DISTRICT 6 Vottng 9-2 Councd Members Vottng Aye Ltnwood O Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr , Reba S McClanan, Robert C Man&go, ,Ir, Louts R Jones, Mayor Meyera E Oberndorf Nancy K Parker and and Rosemary Wdson Councd Members Vottng Nay Barbara M Henley and Vtce Mayor Wtlham D Sessoms, Jr Councd Members Absent None March 27, 2001 Item V-K.$. - 44 - PLANNING ITEM # 47971 Paula Loudermtlk, owner, spoke tn SUPPORT Upon morton by Councdman Man&go, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED wtth REVISED CONDITIONS, Ordtnance upon Apphcatton of P & M CONS TR UCTION SER VICES, INC., for a Conchttonal Use Permit. ORDINANCE UPON APPLICATION OF P & M CONSTRUCTION SERVICES, INC. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R03013040 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Or&nance upon apphcatton of P & M Constructton Servtces, Inc for a Con&ttonal Use Permtt for a bulk storage yard on property located on the east stde of Davts Street north of Vtrgtnta Beach Boulevard (GPIN 1467- 48-4990) Satd parcel ts located at 418 Davts Street and contatns 547 acres KEMPSVILLE - DISTRICT 2 The followtng con&ttons shah be requtred Category Vl landscaptng, as spectfied tn the Landscape, Screemng and Buffering Spectficattons and Standards of the Ctty of Vtrgtnta Beach, shall be tnstalled around the pertmeter of the storage yard The equtpment and storage yard may be gravel, provtded a watver of on-stte tmprovements ts requested and approved by the Planntng Dtrector All apphcable Ctty of Vtrgtnta Beach or&nance requirements, unless spectfically watved wtthtn these con&ttons, shall apply to thts proposal All necessary requtrements shall be deptcted on an up-to-date stte plan that reflects current con&ttons and shall be submttted to the Development Servtces Center for revtew and approval These requtrements tnclude, but are not hmtted to, the treatment of stormwater management as set forth tn the Chesapeake Bay Preservatton Area Or&nance A stngle tngress/egress tnto the storage yard shall be provtded, as shown on the submitted stte, approxtmately seventy (70)feet from the Dams Street rtght-of-way wtth a stngle gate wtth a maxtmum wtdth of twenty (20)feet The area between the Davts Street rtght-of-way and the fence that provides tngress/egress for the storage yard shall be landscaped wtth Category I matertal as spectfied tn the Landscape, Screentng and Buffertng Spectficattons and Standards of the Ctty of Vtrgtnta Beach A landscape plan shall be submttted to the Planntng Department for revtew prtor to approval of the final stte plan The entrance ra&t to thts stte shall be tncreased to twenty-five (25) feet to accept the turntng movement of large trucks and traders March 27, 2001 Item - 45 - PLANNING ITEM # 47971 (Continued) A stte plan shall be submtttedfor revtew to the Development Servtces Center deptcttng the above tnformatton as well as all requtrements set forth tn Ctty Ordtnances Dady use of the bulkstorage yard shall not begtn before 7 30 am. 9 The apphcatton shall be sublect to admtntstrattve revtew wtthtn one year. Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Or&nanc.e Adopted by the Councd of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twent_¥-seventh of March, Thousand One Two Vottng 6-5 Counctl Members Vottng Aye Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrison, Jr, , Robert C Man&go, Jr, Vtce Mayor Wdham D Sessoms, Jr and Rosemary Wdson Counctl Members Vottng Nay Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E Oberndorf and Nancy K Parker Councd Members Absent None March 27, 2001 Item V-K. 4. - 46- PLANNING ITEM # 47972 Upon motion by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl ADOPTED Ordtnance upon apphcatton of ATLANTIC ENTERPRISES, INC for a Condtttonal Use Permtt ORDINANCE UPON APPLICATION OF ATLANTIC ENTERPRISES,, INC FOR A CONDITIONAL USE PERMIT FOR A PARKING LOT R03013041 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordtnance upon apphcatton of Atlanttc Enterprtses, Inc for a ConchttonaI Use Permtt for a parktng lot at the southwest tntersectton of Atlanttc Avenue and 30th Street (GPIN #2428-01-6618) Satd parcel ts located at 2906 Atlanttc Avenue and contatns 36,120 square feet 9 8231 acres (DISTRICT 1 - CENTER VILLE), The followtng condtttons shall be requtred' The condtttonal use permtt for a commerctal lot ts approved for a maxtmum period of one (1) year Hours of operatton shall be from 8 O0 a m to 12 O0 a m, seven (7) days per week An attendant shall be on duty at all ttmes durtng hours of operatton All potnts of vehtcular access wall be secured by a chatn or gate durtng the hours that the parktng lot ts closed A lot attendant statton shall be located a mtmmum offifty (50)feet east of the western rtght-of-way of Atlanttc Avenue, toprovtde for on-stte stacktng and shall be sttuated so as to be on the drtvers stde of vehtcles entertng the parktng lot Pertmeter landscaping shall be tnstalled along the northern, western and eastern property hnes, except for deptcted potnts of vehtcular access The parking lot shall be designed substantially as deptcted on the stte plan filed by the apphcant and all stte area not occupted by parktng spaces or drtve atsles shall have a vegetattve cover or other decorattve treatment approved by the Planmng Dtrector or destgnee Thts Or&nance shall be effecttve tn accordance wtth Section 107 (1) of the Zontng Or&nance Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twen~_ -seventh Of March, Thousand One Two March 27, 2001 Item V-K. 4. -47- PLANNING ITEM # 47972 (Continued) Vottng 10-0 (By ConsenO Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Vtce Mayor Wtlham D Sessoms, Jr and Rosemary Wilson Counctl Members Vottng Nay None Counctl Members Abstatntng Nancy K Parker Counctl Members Absent None Counctl Lady Parker ABSTAINED as she and her husband own Parker Pools The apphcant has been thetr chent for years March 27, 2001 - 49- Item V-M. 1. NE W BUSINESS ITEM # 47973 Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrtson, Ctty Counctl ADDED-ON, and ADOPTED Resolutton chrecttng the Planntng Commtsston to constder proposed amendments to the City Zontng Ordtnance (CZO) estabhshtng defintttons of, and requtrements pertatntng to personal servtce/body pterctng estabhshments and Tatoo Parlors Vottng 11-0 Counctl Members Vottng Aye Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson Counctl Members Vottng Nay None Counctl Members Absent None March 27, 2001 - 48 - Item V-L. 1. APPOINTMENTS ITEM # 47972 B Y CONSENSUS, Ctty Counctl RESCHEDULED thefollowtng Appointments BEACHES AND WA TER WA YS COMMISSION COMMUNITY SER VICES BOARD (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS March 27, 2001 A RESOLUTION DIRECTING THE PLANNING COMMISSION TO CONSIDER PROPOSED AMENDMENTS TO THE CITY ZONING ORDINANCE ESTABLISHING DEFINITIONS OF, AND REQUIREMENTS PERTAINING TO, PERSONAL SERVICE ESTABLISHMENTS, BODY PIERCING ESTABLISHMENTS, AND TATTOO PARLORS 10 11 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ' That the Planning Commission is hereby directed to con~der proposed amendments to the City Zoning Ordinance establishing definitions of, and requirements pertaining to, personal service 14 15 16 17 establishments, body piercing establishments and tattoo parlors at its next regular meeting and to transmit its recommendations to the City Council immediately thereafter. A true copy of the proposed amendments is hereto attached. 18 19 Adopted by the City Council of the City of Virginia Beach, Virginia, on the . 27th day of March~ , 2001. 20 21 22 23 CA-8071 wmm~ordres~perserv, res R-1 March 27, 2001 24 APPROVED AS TO CONTENT: 25 26 Planning Department 27 28 29 APPROVED AS TO LEGAL SUFFICIENCY: AN ORDINANCE ADDING TO THE CITY ZONING ORDINANCE DEFINITIONS OF THE TERMS "PERSONAL SERVICE ESTABLISHMENT," "BODY PIERCING ESTABLISHMENT" AND "TATTOO PARLOR," ESTABLISHING BODY PIERCING ESTABLISHMENTS AND TATTOO PARLORS AS CONDITIONAL USES IN THE B-2 COMMUNITY BUSINESS DISTRICT AND PROVIDING CERTAIN LOCATIONAL AND OTHER REQUIREMENTS 9 10 11 SECTIONS AMENDED: City Zoning Ordinance Sections 111, 401, 501, 601, 901, 1001, 1511, 1521 and 1531 12 13 Section Added: City Zoning Ordinance Section 242.1 14 WHEREAS, the public necessity, convenience, general welfare 15 16 17 18 and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 That Sections 111, 401, 501, 601, 901, 1511, 1521 and 1531 of 20 the City Code are hereby amended and reordained, and a new Section 21 242.1 is added, to read as follows: 22 ARTICLE 1. GENERAL PROVISIONS 23 24 Sec. 111. Definitions. 25 For the purpose of this ordinance, words used in the present 26 tense shall include the future; words used in the singular number 27 include the plural and the plural the singular; the use of any 28 gender shall be applicable to all genders; the work word "shall" is 29 mandatory; the word "may" is permissive; the word "land" includes 30 only the area described as being above mean sea level; and the word 31 "person" includes an individual, a partnership, association, or 32 corporation. 33 In addition, the following terms shall be defined as herein 34 indicated: 36 Body piercing establishment. An establishment in which body 37 piercing takes place. For purposes of this definition, the term 38 "body piercing" means the act of penetrating the skin to make a 39 hole, mark, or scar, generally permanent in nature, but does not 40 include the use of a mechanized, pre-sterilized ear-piercing system 41 that penetrates the outer perimeter or lobe of the ear, or both. 42 43 Personal service establishment. An establishment in which 44 personal, financial, technical or similar services are provided, 45 including barbershops, beauty shops, shoe repair shops, cleaning, 46 dyeing, laundry, .pressing, .dressmaking, tailoring and garment 47 repair shops, linen supply establishments, photography studios and 48 similar establishments, but not including automobile repair 49 establishments, tattoo parlors, body piercing establishments or any 50 other use allowed separately as a principal or conditional use in 51 a zoning district. 52 53 Tattoo parlor. Any place in which is offered or practiced the 54 placing of designs, letters, scrolls, f.iqures, symbols or any other 55 marks upon or under the skin of any person with ink or any other 56 substance, resulting in the permanent coloration of the skin, 57 including permanent make-up or permanent jewelry, by the aid of 58 needles or any other instrument designed to touch or puncture the 59 skin, except when performed by a medical doctor, veterinarian, 60 registered nurse or any other medical services personnel licensed 61 pursuant to Title 54.1 of the Code of Virginia in the performance 62 of his professional duties. 63 COMMENT 64 65 66 67 The proposed amendments set forth a definition of the terms "body piercing establishment," "personal service establishment," and "tattoo parlor." The definition of "personal service establishment" specifically excludes certain uses, including automobile repair establishments, body piercing establishments, tattoo parlors, and any other use allowed separately in a zouing district. 68 ARTICLE 2. 69 GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS 70 71 C. CONDITIONAL USES AND STRUCTURES 72 73 Sec. 242.1. Tattoo parlors and body piercinq establisb_ments. 74 Tattoo parlors and body piercinq establishments shall be 75 permitted only as conditional uses in the B-2 Community Business 76 District, and, in addition thereto: 77 (a) Tattoo parlors and body piercinq establishments shall be 78 subject to the requirements pertaininq to tattoo parlors and body 79 piercinq establishments set forth in Chapter 23 of the City Code, 80 which requirements shall be deemed to be conditions of the 81 conditional use permit; and 82 (b) No tattoo parlor or body piercing establishment shall be 83 located within five hundred (500) feet of another tattoo parlor or 84 body piercinq establishment, Residential or Apartment District or 85 use, park, school, or any eatinq and drinkinq establishment which 86 serves alcoholic beveraqes for on-premises consumption and which 87 excludes any person on the basis of aqe durinq any part of the day 88 or which provides entertainment audible from an adjoininq property. 89 9O COMMENT 91 92 The new Section 242.1 establishes locational and other restrictions upon tattoo parlors and body piercing establishments. 93 Article 4. AGRICULTURAL DISTRICTS 94 95 Sec. 401. Use regulations [Agricultural Districts]. 96 97 (b) Accessory uses and structures. Uses and structures which 98 are customarily accessory and clearly incidental and subordinate to 99 principal uses and structures, including but not limited to: 100 101 (2) An accessory activity operated for profit in a 102 residential dwelling unit where (i) there is no change in 103 the outside appearance of the building or premises or any 104 visible or audible evidence detectable from outside the 105 building lot, either permanently or intermittently, of 106 the conduct of such business except for one 107 nonilluminated identification sign not more than one 108 square foot in area mounted flat against the residence; 109 (ii) no traffic is generated, including traffic by 110 commercial delivery vehicles, by such activity in greater 111 volumes than would normally be expected in the 112 neighborhood, and any need for parking generated by the 113 114 conduct of such activity is met off the street and other than in a required front yard; (iii) the activity is 115 conducted on the premises which is the bona fide 116 residence of the principal practitioner, and no person 117 other than members of the immediate family occupying such 118 dwelling units is employed in the activity; (iv) such 119 activity is conducted only in the principal structure on 120 the lot; (v) there are no sales to the general public of 121 products or merchandise from the home; and (vi) the 122 activity is specifically designed or conducted to permit 123 no more than one patron, customer, or pupil to be present 124 on the premises at any one time. Notwithstanding the 125 provisions of clauses (ii) and (vi) hereof, ministers, 126 marriage commissioners and other persons authorized by 127 law to perform the rites of marriage may permit a maximum 128 of eight (8) persons on the premises at any one time in 129 connection with the performance of such rites, provided 130 that all other requirements of subdivision (b) (2) are 131 met. The following are specifically prohibited as 132 accessory activities: Convalescent or nursing homes, 133 tourist homes, massage or tattoo parlors, body piercing 134 establishments,, radio or television repair shops, auto 135 repair shops, or similar establishments. 136 13 7 COMMENT 138 139 The amendment clarifies that tattoo parlors and body piercing establishments are not allowed as a residential accessory activity in Agricultural Districts. 140 ARTICLE 5. RESIDENTIAL DISTRICTS. 141 Sec. 501. Use regulations. 142 143 (b) Accessory uses and structures. Uses and structures which 144 are customarily accessory and clearly incidental and subordinate to 145 principal uses and structures and where such accessory structures 146 do not exceed the height of the principal structure and do not 147 exceed five hundred (500) square feet of floor area or twenty (20) 148 percent of the floor area of the principal structure, whichever is 149 greater. Such accessory uses and structures include but are not 150 limited to: 151 . 152 (5) An accessory activity operated for profit in a 153 residential dwelling unit where (i) there is no change in 154 the outside appearance of the building or premises or any 155 visible or audible evidence detectable from outside the 156 building lot, either permanently or intermittently, of 157 the conduct of such business except for one 158 nonilluminated identification sign not more than one 159 square foot in area mounted flat against the residence; 160 (ii) no traffic is generated, including traffic by 161 commercial delivery vehicles, by such activity in greater 162 volumes than would normally be expected in the 163 neighborhood, and any need for parking generated by the 164 conduct of such activity is met off the street and other 165 than in a required front yard; (iii) the activity is 166 conducted on the premises which is the bona fide 167 residence of the principal practitioner, and no person 168 other than members of the immediate family occupying such 169 dwelling units is employed in the activity; (iv) such 170 activity is conducted only in the principal structure on 171 172 the lot; (v) there are no sales to the general public of products or merchandise from the home; and (vi) the 173 activity is specifically designed or conducted to permit 174 no more than one patron, customer, or pupil to be present 175 on the premises at any one time. Notwithstanding the 176 provisions of clauses (ii) and (vi) hereof, ministers, 177 marriage commissioners and other persons authorized by 178 law to perform the rites of marriage may permit a maximum 179 of eight (8) persons on the premises at any one time in 180 connection with the performance of such rites, provided 181 that all other requirements of subdivision (b) (5) are 182 met. The following are specifically prohibited as 183 accessory activities: Convalescent or nursing homes, 184 tourist homes, massage or tattoo parlors, body piercinq 185 establishments, radio or television repair shops, auto 186 repair shops, or similar establishments. 187 18 8 COMMENT 189 190 The amendment clarifies that tattoo parlors and body piercing establishments are not allowed as a residential accessory activity in Residential Districts. 191 ARTICLE 6. APARTMENT DISTRICTS. 192 193 Sec. 601. Use regulations. 194 195 (b) Accessory uses and structures. Uses and structures which 196 are customarily accessory and clearly incidental and subordinate to 197 principal uses and structures, including but not limited to: 198 199 (2) An accessory activity operated for profit in a 200 residential dwelling unit where there is no change in the 201 outside appearance of the building or premises or any 202 visible or audible evidence detectable from outside the 203 building lot, either permanently or intermittently, of 204 the conduct of such business except for one (1) 205 nonilluminated identification sign not more than one (1) 206 square foot in area mounted flat against the residence; 207 where no traffic is generated, including traffic by 208 commercial delivery vehicles, by such activity in greater 209 volumes than would normally be expected in the 210 neighborhood, and any need for parking generated by the 211 conduct of such activity is met off the street and other 212 than in a required front yard; where the activity is 213 conducted on the premises which is the bona fide 214 residence of the principal practitioner, and no person 215 other than members of the immediate family occupying such 216 dwelling units is employed in the activity; where such 217 activity is conducted only in the principal structure on 218 the lot; where there are no sales to the general public 219 of products or merchandise from the home; and where the 220 activity is specifically designed or conducted to permit 221 no more than one (1) patron, customer, or pupil to be 222 present on the premises at any one time. The following 223 are specifically prohibited as accessory activities: 224 Convalescent or nursing homes, tourist homes, massage or 225 tattoo parlors, body piercinq establishments, radio or 226 television repair shops, auto repair shops, or similar 227 establishments. 228 2 2 9 COMMENT 230 231 The amendment clarifies that tattoo parlors and body piercing establishments are not allowed as a residential accessory activity in Apartment Districts. 232 ARTICLE 9. BUSINESS DISTRICTS. 233 234 Sec. 901. Use regulations. 235 (a) Principal and conditional uses. The following chart lists 236 those uses permitted within the B-1 through B-4 Business Districts. 237 Those uses and structures in the respective business districts 238 shall be permitted as either principal uses indicated by a "P" or 239 as conditional uses indicated by a "C." Uses and structures 240 indicated by an "X" shall be prohibited in the respective 241 districts. No uses or structures other than as specified shall be 242 permitted. 243 Use B-1 B-iA B-2 B-3 B-3A B-4 244 Body piercinq estab- 245 lishments X X_ C X X X_ 246 247 Tattoo parlors 248 249 (b) Accessory uses and structures. Uses and structures which 250 are customarily accessory and clearly incidental and subordinate to 251 the principal uses and structures, including, but not limited to: 252 (1) An accessory activity operated for profit in a 253 residential dwelling unit where there is no change in the 254 outside appearance of the building or premises or any 255 visible or audible evidence detectable from outside the 256 building lot, either permanently or intermittently, of 257 the conduct of such business except for one 258 259 nonilluminated identification sign not more than one square foot in area mounted flat against the residence; 260 where no traffic is generated, including traffic by 261 commercial delivery vehicles, by such activity in greater 262 volumes than would normally be expected in the 263 neighborhood, and any need for parking generated by the 264 conduct of such activity is met off the street and other 265 than in a required front yard; where the activity is 266 conducted on the premises which is the bona fide 267 residence of the principal practitioner, and no person 268 other than members of the immediate family occupying such 269 dwelling unit is employed in the activity; where such 270 activity is conducted only in the principal structure on 271 the lot; where there are no sales to the general public 272 of products or merchandise from the home; and where the 273 activity is specifically designed or conducted to permit 274 no more than one patron, customer, or pupil to be present 275 on the premises at any one time. The following are 276 specifically prohibited as accessory activities: 277 Convalescent or nursing homes, tourist homes, massage or 278 tattoo parlors, radio or television repair shops, auto 279 repair shops, or similar establishments. 280 281 COMMENT 282 283 284 285 The amendments allow tattoo parlors and body piercing establishments as conditional uses in the B-2 Community Business District. Within the B-2 District, however, their location restricted by the provisions of Section 242.1. In addition, the provisions of Chapter 23 of the City Code are deemed to be conditions of any use permit authorizing a tattoo parlor or body piercing establishment. 286 287 In addition, the amendments to this section clarify that tattoo parlors and body piercing establishments are not allowed as a residential accessory activity in Business Districts. 288 ARTICLE 15. RESORT TOURIST DISTRICTS 289 290 B. RT-2 291 RESORT TOURIST DISTRICT 292 Sec. 1511. Use regulations. 293 294 (b) Accessory uses and structures: Uses and structures which 295 are customarily accessory and clearly incidental and subordinate to 296 the principal uses and structures; provided, however, that 297 drive-through facilities shall not be permitted: 10 298 (1) An accessory activity operated for profit in a 299 residential dwelling unit where there is no change in the 300 outside appearance of the building or premises or any 301 visible or audible evidence detectable from outside the 302 building lot, either permanently or intermittently, of 303 the conduct of such business except for one (1) 304 nonilluminated identification sign not more than one (1) 305 square foot in area mounted flat against the residence; 306 where no traffic is generated, including traffic by 307 commercial delivery vehicles, by such activity in greater 308 volumes than would normally be expected in the 309 neighborhood, and any need for parking generated by the 310 conduct of such activity is met off the street and other 311 than in a required front yard; where the activity is 312 conducted on the premises which is the bona fide 313 residence of the principal practitioner, and no person 314 other than members of the immediate family occupying such 315 dwelling unit is employed in the activity; where such 316 activity is conducted only in the principal structure on 317 the lot; where there are no sales to the general public 318 319 of products or merchandise from the home; and where the activity is specifically designed or conducted to permit 320 no more than one (1) patron, customer, or pupil to be 321 present on the premises at any one time. The following 322 are specifically prohibited as accessory activities: 323 Convalescent or nursing homes, tourist homes, massage o__r 324 tattoo parlors, body piercinq establishments, radio or 325 television repair shops, auto repair shops, or similar 326 establishments. 11 327 . . 328 COMMENT 329 330 331 The amendments to this section clarify that tattoo parlors and body piercing establishments are not allowed as a residential accessory activity in the RT-2 Resort Tourist District. 332 C. RT-3 RESORT TOURIST DISTRICT 333 334 Sec. 1521. Use regulations. 335 336 (b) Accessory uses and structures: Uses and structures which 337 are customarily accessory and clearly incidental and subordinate to 338 the principal uses and structures; provided, however, that 339 drive-through facilities shall not be permitted as an accessory 340 use: 341 (1) An accessory activity operated for profit in a 342 residential dwelling unit where there is no change in the 343 outside appearance of the building or premises or any 344 visible or audible evidence detectable from outside the 345 building lot, either permanently or intermittently, of 346 the conduct of such business except for one ( 1 ) 347 nonilluminated identification sign not more than one (1) 348 square foot in area mounted flat again against the 349 residence; where no traffic is generated, including 350 traffic by commercial delivery vehicles, by such activity 351 in greater volumes than would normally be expected in the 352 neighborhood, and any need for parking generated by the 353 conduct of such activity is met off the street and other 354 than in a required front yard; where the activity is 355 conducted on the premises which is the bona fide 356 residence of the principal practitioner, and no person 12 357 other than members of the immediate family occupying such 358 dwelling unit is employed in the activity; where such 359 activity is conducted only in the principal structure on 360 the lot; where there are no sales to the general public 361 of products or merchandise from the home; and where the 362 activity is specifically designed or conducted to permit 363 no more than one (1) patron, customer, or pupil to be 364 present on the premises at any one time. The following 365 are specifically prohibited as accessory activities: 366 Convalescent or nursing homes, tourist homes, massage 367 tattoo parlors, body piercing establishments, radio or 368 television repair shops, auto repair shops, or similar 369 establishments. 370 371 COMMENT 372 373 374 The amendments to this section clarify that tattoo parlors and body piercing establishments are not allowed as a residential accessory activity in the RT-3 Resort Tourist District. 375 D. RT-4 RESORT TOURIST DISTRICT 376 377 Sec. 1531. Use regulations. 378 379 (b) Accessory uses and structures: Uses and structures which 380 are customarily accessory and clearly incidental and subordinate to 381 the principal uses and structures: 382 (1) An accessory activity operated for profit in a 383 residential dwelling unit where there is no change in the 384 outside appearance of the building or premises or any 385 visible or audible evidence detectable from outside the 386 building lot, either permanently or intermittently, of 13 387 the conduct of such business except for one ( 1 ) 388 nonilluminated identification sign not more than one (1) 389 square foot in area mounted flat against the residence; 390 where no traffic is generated, including traffic by 391 commercial delivery vehicles, by such activity in greater 392 volumes than would normally be expected in the 393 neighborhood, and any need for parking generated by the 394 conduct of such activity is met off the street and other 395 than in a required front yard; where the activity is 396 conducted on the premises which is the bona fide 397 residence of the principal practitioner, and no person 398 other than members of the immediate family occupying such 399 dwelling unit is employed in the activity; where such 400 activity is conducted only in the principal structure on 401 the lot; where there are no sales to the general public 402 of products or merchandise from the home; and where the 403 activity is specifically designed or conducted to permit 404 no more than one (1) patron, customer, or pupil to be 405 present on the premises at any one time. The following 406 are specifically prohibited as accessory activities: 407 408 Convalescent or nursing homes, tourist homes, massage tattoo parlors, body piercinq establishments, radio or 409 television repair shops, auto repair shops, or similar 410 establishments. 411 412 COMMENT 413 414 The amendments to this section clarify that tattoo parlors and body piercing establishments are not allowed as a residential accessory activity in the RT-4 Resort Tourist District. 14 415 Adopted by the City Council of the City of Virginia Beach, 416 Virginia, on this day of , 2001. 417 418 419 420 CA-8046 wmm\ordres\czolll-401etalord.wpd R-3 March 27, 2001 APPROVED AS TO CONTENTS: Planning D~partment APPROVED AS TO LEGAL SUFFICIENCY: ~/ Department of Law 15 - 50- Item V-M. 2. NE W BUSINESS ITEM # 47974 Mayor Oberndorf referenced the Ctty of Norfolk ts evoktng strtngent regulattons relattve Ladtes and Gentlemen of the evemng Mayor Oberndorf requested the Ctty Attorney assure our Ctty's ordtnances are as strmgent as the Ctty of Norfolk's March 27, 2001 - 51 - Item V-N. 1 ADJOURNMENT ITEM # 47975 Mayor Meyera E. Oberndorf DECLARED the Ctty Council Meeting ~4DJOURNED at 8:28 P.M. Beverly 0 Hooks, CMC Chtef Deputy Ctty Clerk City Clerk Meyera E. Oberndorf Mayor Ctty of Virginia Beach Virginia March 27, 2001