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HomeMy WebLinkAboutJANUARY 28, 2003 MINUTES ITY CITY COUNCIL ~4 YOR MEYERA E OBERNDORF At-Large qC E MA YOR LOUIS dONES Baystde -Dtstrtct 4 ]ARRY E DIEZEL Kempavtlle -Dtstrtct 2 dARGAREF L EURE, Centervtlle -Dtstrtct 1 ~EBA S McCLANAN, Rose Hall -Dtstrtct 3 UCHARD A MADDOX- Beach -Dtstrtct 6 rim REEF~ - Princess Anne -Dtstrtct 7 >ETER W SCHMIDT- At-Large TON A VILLANUEVA - At-Large ~OSEMAR¥ WILSON, At-Large tAMES L WOOD Lynnhaven -D~str~ct 5 dAMES K SPORE Ctty Manager LESLIE L L1LLh Y Cay Attorney RUTH HODGES SMITH, MbtC, Ctty Clerk OF VIRGINIA t3 EACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA January 28, 2003 CITY HALL BUILDING 1 2401 COUR£HOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE (757) 427-4303 FAX (757) 426-5669 E MAIL Ctycncl~vbgov corn I. CITY COUNCIL BRIEFING -Conference Room- 2:00 PM II. mo SHORE DRIVE Kal Kassir, Chairman, Shore Drive Adwsory Committee CITY MANAGER'S BRIEFINGS mo B STUMPY LAKE PLAN Mary Cole, Acting Director, Department of Parks and Recreation UPDATE REGARDING SENTARA AGREEMENT Steve Thompson, Chief F~nanc~al Officer III REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. 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 VI. FORMAL SESSION - Council Chamber - 6:00 PM A CALL TO ORDER - Mayor Meyera E Oberndor£ B INVOCATION C Reverend W Samuel Walton United Baptist Church 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 I INFORMAL AND FORMAL SESSIONS January 14 2003 G AGENDA FOR FORMAL SESSION H PUBLIC HEARINGS AGRICULTURAL RESERVE PROGRAM (ARP) - 2 SCHOOL CAPITAL BUDGET - {.Reversion Funds) Amendment to the ClP Renovations, replacement and site acquisition Ives Road $7,493,278 PUBLIC COMMENT I TRANSITION AREA MASTER PLAN ORDINANCES Ordinance to AUTHORIZE the acquisition of an Agrlcultut al LandPreservatton (ARP)Easemenl and the issuance of it's contract obhgattons tn the maximum principal amount of $278,41 l to Barry D and Paula W Knight on Ives Road containing 106 72 acres (DISTRICT 7 - PRINCESS ANNE) Ordinance to ACCEPT and APPROPRIATE a $150 000 grant /rom the Federal Emergency Management Agency (FEMA) to the Fire Department re equipment and tralmng support of the Urban Search and Re~cue Team 3 Ordinance to AUTHORIZE temporary encroachments into City-owned properties a TERRY COMPANIES FOUR, LLC re an existing pedestrian bridge in the City's K b PLANNING 1 drainage easement at Wynd Crest Condom~mums off Salem Road (DISTRICT I - CEN FERVlLLE) JAMES R and JANICE P ANDERSON re constructing and mmntammg aprlvatepte~ gangwa) andfloat into Lake Rudee at 3 Caribbean Avenue, Shadow Lawn Heights (DIS I'RiCT 6 - BEACH) Apphcatlons of KENNETH A HALL FAMILY LIMITED PARTNERSHIP for a dl~conlmuance closute and abandonment (DISTRICq 3 - KOSEHALL) a 8,487 square feet of a portion of Pine Street and 1-264 b 13,927 square feet of a portion of Second Street between Poplar and Pine Streets Staff Recommendation Planning Commission Recommendation DENIAL APPROVAL Apphcation of H GORDON and ELIZABETH K HUEY and BERNICE T WILLIAMS for the discontinuance closure and abandonment of a 15-foot alley on Lots E - H on 48~ Street and Lots 180 - 184 on 49~ Street, containing 4,050 square feet (DISTRICT 6 - BEACH) Recommendation APPROVAL Application of BLUE HORSESHOE TATTOO TWO, LTD for a Con&nonal Use Permit re a tattoo and body p~ercmg studio at London Bridge Road and Bowland Parkway (513 London Bridge Road) containing 1 272 acres (DISTRICT 6 - BEACH) Recommendanon APPROVAL Application of SANDRA BALLWEG for a Con&tional Use Permit re home occupation (day care) at DuBois Place and Jansen Way (2933 DuBois Place), containing 5,490 square feet (DISTRICT 7 - PRINCESS ANNE) Recommendanon APPROVAL Ordinance to AMEND the City Zoning Ordinance (CZO) re dtmenstonal requirements for nonconforming lots m the R-5S Residential Dlstrtcl Staff Recommendat,on Planning Commission Recommendation APPROVAL of ALTERNATE VERSION DENIAL L APPOINTMENTS PERSONNEL BOARD RESORT ADVISORY COMMISSION (R_AC) M UNFINISHED BUSINESS N NEW BUSINESS A ABSTRACt[ OF CIVIL CASES RESOLVED - November 2002 O ADJOURNMENT If you are physically disabled or visually Impmred and need asststance at this meeting, please call the CITY CLERK'S; OFFICE at 427-4303 Hearlnglmpalred call TDD only 427-4305 (TDD - Telephonic Device for the Deaf) Agenda 01/28/02sb www vbgov corn MINUTES VIRGINIA BEACH CITY COUNCIL VfrgEma Beach, VErgfma 28 January 2003 Mayor Meyera E Oberndorf called to order the CITY COUNCIL BRIEFING re SHORE DRIVE tn the Ctty Councd Conference Room Ctty Hall Butldtng on Tuesday January 28 2003 at 2 O0 P M Council Members Present Harry E Dzezel Margaret L Eure Vtce Mayor Louts R Jones Reba S McClanan R~cbardA Maddox MayorMeyeraE Oberndorf Jtm Reeve Peter W Schmtdt Ron ,4 Vtllanueva Rosemary [Vtlson and James L Wood Counctl Members Absent None -2- CI T Y CO UNCIL BRIEFING SHORE DRIVE 200PM ITEM # 50662 Kal Kasstr President - Shore Drive /ldvtsory Committee briefed CiD Council re the hi~tor~ and accomplishment* of this Committee Ctt~ Council commissioned a $I00,000 Urban Land Institute (ULI) study (ULI} relative the Shore Drive Corridor which }*as completed tn the Summer oJ 1997 Mr Kassir cited the observations of the Study Resort community not destination Lack of clear image or unifying tdenttO Lack of defimttve vision Major Recommendations Three (3) opportuntty areas tFaterman'g }Folk, Fisherman's Pork, Manna Vdlage Lesner Bridge as focalpoint Extend bike path Retain four-lane road Create/ldvtsor) Commission Develop Landscape design plan Develop pubhc beach plan Demonstration projects Improve development review and enforcement Create overlay district City Council ADOPTED a Resolution February 10 1998 creating the Shore Drive/ldvtsory Committee (SD~lC) Their mt~ston was to serve m an advtsory capacity to Cttv Counctl wtth respect to development and improvement of the Shore Drtve Corrtdor The membership was comprised of members of the Planning Commission business ctvic and development communtty representatton and two Cit.~ Counctl Ltatsons .lit the time of creation the Crt) Council f~taisons were WtHtam W Har~ lso~i Jr (L Fnnhaven Distrlr t 5} and Louts R .Jones (Ba),s~de - District 4) Council Member James L Wood (L.~nnhaven District 5) ha~ ~tnce replaced foTmer Council Member Harrison The SD~lC held two (2) Special Pubhc Meetings and forty seven (47} Committee Meetings with opportuntty for publtc comment January 28 2003 3 CI T Y CO UNCIL BRIEFING SHORE DRIVE ITEM # 50662 (Conttnued) Mtsston Statement Famtltartze ttself wtth the ULI Bayfront Study and tssues assoctated wtth development of the corrtdor Develop an aesthettcs and urban destgn plan for the ~ orrtdor ustng the ULI Study a~ a foundatton ldenttfy and prmmttze a sertes of reco~nmended projects and acttons to tmplement the aeslhettcs and urban design plan Facthtate estabhshment of pubhc prtvate partnershtps to acbteve tts goal~ and recommendattom and those of the ULI Study lnvesttgate alternattve fundtng sources for projects tn the Corrtdor Engage tn pubhc tnformatton effortt regarding Committee work Monttor the progress of tmplemented prolecls and plans ACCOMPLISHMIc. NTS I Shore Drtve Corrtdor P/an /ldopted Match 2000 as amendment to Comprehenst~ e Plan Establtsh~s x t~tOtt for corrtdot Shore Drtve Transportanon Study Completed b) HRPDC Framework fo! future transportaaon studtes Shor, D~ tve Tramportatton Plan Completed Decembe~ 2001 Short and long range recommendattom (ape Henry Trat[ Grants for tenovattons to eYtstmg tratl Grants for dade Street txtenston Marlin Bm to Bavstde Recreatton Center e~xtenston Shore Drtve Destgn Gutdeltnes Voluntary aesthettt standards fot stgns and ~tructures Growtng acceptant e from development t ommuntO Shore Drt*e Landscaptng GuMehnes Voluntat) standards for tnformal natural look Adapted to untqtte natural condmons near the Bm Shore Drtve Overlay Dtstrtct Adopted Fall 1998 Defines boundat tea for development standards Cay Zomng Ordtnance Revtstons Reduces ~e~tdenttal development denstttea baaed on parcel ~tze tncreases aelbac~.v between structures Condtttonal us, permtts for more uses Sunstates Property/tcqutsttton Ne** Ftre Statton stle Ltnlage to Cape Hem'* Tratl Lynnhaven Boat Ramp & Beach Act ess G~ ants for construction Createa focal point for commumty activates Januan, 28 2003 -4- CI T Y CO UNCIL BRIEFING SHORE DRIVE ITEM # 50662 (Continued) PROJECTS UNDERW~4 Y Diamond Spring~ Road Gateway Traffic Safety Improvement Project Commumty Colors Project Shore Drive Demonstration Project First Court Road to Marhn Bay Drive Multi-Purpose trail Landscaping Signs Intersection Itnprovements Open Space Acquisition Pleasure House ~ reek Area (approximately 60 acres) wrap.~ around from Shore D~ ive aH the way lo the Lynnhaven Inlet Communications Plan Enhanced Webstle Public Forums Annual Pubht Meeting The evolving role of the SDAC encompassed ProJect overaight and review of pubhc projects Jorum.[or public exposure to private projects and improved communications with Shore Drive Community Needs Refined Mission Statement Better reflect ~ volvmg role Acknowledge and remove completed tasks Ctty Council re adoption btmor Funding Support Clerical support for minutes maihngs Public forums support for handouts supplies Displays for special events The Shore Drive Advisory Committee meets monthly on the first Thursday, 3 30 P M, usually at the Baystde Commumty Recreatwn Center There ts a Public Commentpenod at each meeting Mr Kas*tr expressed appreciation to Robert M Stanton (former Chair) who }*,as the mottvatingforceJrom the ver~ beginning Norm Carrick Vtce Chair - SDAC Ronald C Ripley Chair - Planning Commission Robert Scott Director ofPlanning and Clay Bernick Envtronmental Manage~nent Councdman Wood also recognized Katherine K Katstas - Planmng Commission Lynnhaven District No 5 and Liaison to the SDAC January 28 2003 CI T Y C 0 UN CIL BRIEFING SHORE DRIVE HTEM # 50662 (Contmued) Mr Kasstr advised the SDs4 C beheves the residents of this area should be involved relatt ve financtng This area has about nineteen (19) small Ctvtc £eagues The SD 4 C ~uggested a Coalition be formed to include the business community This has evolved into the Shore Drive Coalition This Coalition meets once a month Scott Avers Member Shore Drive Advtsom, Committee ts al~o a member of this Coalition ,4 report ts given each month to the SD.~C Mr St ott advt~ed the Urban Land lnstltute designed a Jesttve area (o~adoor &rang encompa3stng lanterns over the bridge) T]te Shore Drive Advisor), Committee expended a lot of time purstng that idea with the property owners in the area Another volunteer gro,p also destgned a concept of this festive area The propel ty owners have not come to a meeting of the minds ~ elattve this ~ oncept Mr Ka~ ~ir mel twice with the four or five property owners who were ercited but could not come to ali agreement .]anua~ 28 2003 CITY MANAGER'S BRIEFING STUMPY LAKE PLAN 235PM ITEM # 50663 Mary Cole Acttng Dtrector- Departtnent of Parks and Recreatton mtroduced Barry Frankenfteld Destgn and Development Admtnt~trator to present mformation relative Envtronmental Constraints and Use Compattbthty Analysts for Stumpy Lake Stumpy Lake ls comprtsed of app~ oxtmateIy 1,500 acres and was acqutred tn June 200 l for $13-MILLION Stumpy Lal~e not onl3 encompasses wlldltfe and wetlands but ts a pre~ervatton area a spectacular b.dtng area and contatns a Robert T~ent Jones Golf C'ourse In essen~ e Stumpy Lake is a vtsuall) envtronmentall) valuable site The Open ttouse and Dedtcatton nas October 2001 There was also a ctttzen tnput sur~e~, with the most s~tpport being for trads and lease of the golf course rather than boattng attdJTshtng Envtronmental Constraints & Use Compattbthty Analysts Draft Report reviewed by City staff Park~ and Recreation Commts~ton Open Space Subcommtttee and FIG (Field In vesttgatton Group) an ad hoc committee of cttlzens tnterested iii Stumpy Lake Undeveloped Land 970 acres (+/-) Wetlands - 650 acres Uplands 320 acres Iake 278 acres Golf Course Area 152 atres (total leased are 300 acres) The Cultural Resource Analysts encotnpassed posslble archaeological resources and hlstortc at chttectural properttes One gravestone was discovered at att old homestead The golf course was developed tn 1950 so anythmg of historical stgnlficance would no longer be m erlstence Possible archaeologtr al tesources are tn lhe areas noled on the map as high probabdity (undtsturbed land) on the map The undeveloped land of apptoxtmatelv 970 acres (+/-) ts unsutlable for development Jurtsdtcttonal wetlands encompasses a majortty of the forested land The Bald Eagle nest has a 1,320foot restrtcttve buffer radtus The Lake ts really a watershed area encompassing 6,641 acres This Lake ts not onl) a pubhc water source, but ts a huge ~tormwater management facdtty Stumpy Lake - 270 acres Multt-functtonal Amemty Visually/aesthetically valuable storm water management factho, pubhc water resource wtldhfe sanctuar2, Shallow maxtmum depth 4 3feet over half the lake less than 3 3feet deep Obstacles Stumps and fallen trees Stagnant Poor flushmg results tn stagnant condlttons most of the },ear Poor Ftshmg Mostly carp Poor Water quahty turbtdtty algae danuarv 28 2003 -7- CITY MANAGER'S BRIEFING STUMPY LAKE PLAN ITEM # 50663 (Continued) The Dam butlt tn 191 O, ts about 2 O00 feet long Basically Elbow Road ts the Dam The concrete Sptllway encompasses approxzmately lOO feet and ts about 12feet htgh In duly 2002 the State passed the Dam Safety Act The Dam and Spdlway wdl have to be tmproved to meet current State ~tandards £ ondmons of theDamandSpdlwayarebemgmvest~gatedbythePubhcUttlttte3Depa~tment lmprovementswdlreqtatc r~moval of trces to stabthze banks However thts t ~ an opportumO for trad~ elc vated platJo~ ms and vtewmg areas The"pump"tsoutvtdeofthePumpStattonbuddtng Thebuddtnghasalargeopenareaandwould be an opportunity area for interpretative exhlbtts pa~ king and az cess to trails Potenttal Uses Compattbthty Analysts Active Recreatton ballfields soccer fields, et cetera Boattng Ftshtng Ptcntc and Playgrounds Golf course expansion Camping Btrdmg Htktng, biking and equestrtan trads Parks and Recreatton compded thts report the pubbc tnvolvement and recommended btrdmg htkmg ptcmcktng and golfas apptoprtate recreattonal u~es but dtd not recommend acttve recreation boating fishing Golf Curae expanston campzng btktng and equestrtan trads It may be posstble as lmpro,.ement to the dam area ~nsues and park:ng and a launch location are developed boating and fishmg mm be approprmte Preservation ts the number one need and interest tn Stumpy Lake Key Areas Eagles Nest and Protecttve Radtu~ Dam Area Frads and elevated platJorms Pump Station Education Center parking and tradhead In&an Rtver Road tratls vt,.wing and pat ktng Brtgadoon Pines Park Soft trads and acces~ Golf Curse Entrance Soft trads and erhtbtts danuarv 28 2003 -8- CITY MANAGER'S BRIEFING STUMPY LAKE PLAN ITEM # 50663 (Continued) Actions - Time hne Pubhc Education Program Post report and recommenda~ons on City Webs~te VBTV Program Pubhc Education Open House Spring 2003 Dam/Spdlway Planning Scope schedule costs of improvements Summer 2003 Golf Course Management Recommendation ,June 2003 Update Road Projects impacts and relationships Spring 2003 Comprehensive Natural Resource Management Plan and Master Plan June 2003 Clarence Warnstaff Director of Pubhc Utthttes advised Stumpy Lake ts a part of the Crt), s water supply The existing water services contract with Norfolk was modified and Norfolk ts obhgated to receive water from Stumpy Lake as a part of the City s water resource~ This Lake adds to Virginia Beach s water system TheStatcrequtrestht~Dambematntatnedtnaccordancewtthstatestandards Costesttmatesforrepatrtng and rebuilding the Dam and Spdlway and modifications to the ptpehne leading away from the Lake to the Norfolk system will be approxtmately $I 6-MILLION This Lake has multtple pnrposes as a water supply, storm water retention and as part of the City's natural asset Eventually o~ et time the Lake will have to be cleaned where tt becomes ineffective as part of the CtO, s stormwater management program Relative the borrow pit approved by the Ctt? of Chesapeake Clay Berntcl. displayed the property (south of Elbow Road) on the Watershed Map Concurrent with this apphcatlon the City ts also working with Chesapeake relative the Centervdle Properties' land on the north side of Elbow Road Both applications are owned bv the same parties although different proposals This would be a mt~ed use prtma~dy restdenttal project Thet e ts also another plan for an office complex ultimately to go a~ ound the bot row ptt area utilizing the ponds as the BMP s Both applications are outs tde the tmmedtale sub watershed but at e part of the Gum Swamp/North Landing Water~hed The Ctly Council of Chesapeake granted a pet mit Jot the borrow ptt Chesapea]te has an old land use plan approved for the Centervdle Properties to which the prospecttvedevelopertspropostngmodtficattons ThePlanntngDepattmenltsmonttortnglhlsappltcatton The Ctly otaff wdl also be monitoring the office complex around the bot row ptt The applicant has received a permit to operate a borrow pti from the Department of Mines Minerals and Energy boa ever the), do not have approved pemntt* tn hand from the Amny Corps of Engineers Department of Environmental QualtoJ or Wetlands for either of these projects January 28 2003 CITY MANAGER'S BRIEFING STUMPY LAKE PLAN ITEM # 50663 (Connnued) The City Manager advised City Council at their Retreat, directed the staff pursue the development of a Parkg and Recreation Master Plan Mary Cole Acting Director - Department of Parkz and Recreation referenced the components of the Parks and Recreation Master Plan Virglnm Beach Outdoors Plan Updated and coordinated with the Comprehensive Plan The Plan would encompass Open Space acquisition ,4ctive Recreation (parks athletic facihttes) Greenways and Trails Scenic Wat~ rway a~ ces ~ and Skate Parks as well as special projects Indoor Recreation Facdtttes Plan 7hts is not tn existence at the present time but the similar process utthzed m the formation of the Outdoors Plan wdl be followed Th~s Plan would encompass Current Inventory Infrastructure Condition ,4ssessment Needs ,4s~essments Alternatives Strategies and Implementation recommendations Golf Course Development and Management Plan Management alternatives and recommendatlon, (all four (4) golf courses)and Infrastructure Condition ,4sse*sment Staffing Organizational Plan Revenue/Fundtng Plan Cost Analysis and re~ommendattons t~any revised Fee Schedules to meet the obje~ tires Time Line Data Collection and Research Ongoing Pubhc Input - September 2003 Parks and Recreation Comtmsston -Brtefing October 2003 City Council Briefing - Draft "Plan" and recommendations November 2003 Relative the overcrowchng of the Kempsvdle Recreation Center, Ms Cole advised thc needs assessments wtll encompass the current usage of all the Recreatton Centers There was ove~ cro~.dtng ln the fitness areas of Great Neck and Princess Anne Recreation Centers ,4 project was recentl} completed to erpand these fitness areas into under utlltzed parts of the buddmg Relative the skateboard parks and utthztng vacant 'big boxes staff researched and detertntned this concept would not fit into this area lttformation ~hall be provided A akateboard is going to be built at Mount Trashmore but not the exa~ t design (Concrete Bowl) requested by the Skateboard Committee This could not be phystcall) be built at Mount Trashmore danua~y 28 2003 -IO- CITYMANAGER'S BRIEI~ING STUMPY LAKE PLAN ITEM # 50663 (Contmued) Mr Frankenfield advised the Concrete Bowl ts expensive to build and also has drainage and structural issues An alternative design will bepresented to the Skateboard Committee Th~s design meets theproposed budget of $3OO, OOO and ts a component sl;stem Park.~ and Recreatton is propostng a concrete slab wtth half pipes etc Thts destgn can be btd ln March and opened tn early Summer Thts meets the need~ of the majorttv of the skateboarders although not those of the World Tour athletes This design }~ ill encompass a 30,000 square foot skate park one of the largest tn Vtrgtma Although not a Concrete Bowl tt meets the community need~ Other locations wtll be rt vtewed for the posstbdttv ora Concrete Bowl A list of the Skateboard Committee and their representation will be provided lnfortnatton telattve the long ret m plan of retrofitting ertsttng pa~I, s for skateboards at well as the hub mother of all skateparks perhaps at Sentata will be provtded Mr Frankenfield concurred the Princess Anne Commons area it obvtou;l) the [ot. atton for an extreme type of sport headquarters The goal would beJor ever~ Dtstrtct Park to ha*e a small skateboard park Usage record~ shall be provided relative City View Park. Councdman Vdlanueva advised the skateboard parks must be looked at not only for recreation but from an economic development standpoint Members of the Skateboard Committee are hoping to work ~tlh the City tn developing a long term plan to bring the W Games to Vtrgtma Beach Economic de* elopment initiatives will be brought forward Mr Frankenfield advised there are eight (8) District Parks, eight (8) Commumty Parks and one hundred ntnety-two (192) Netghborhood Parks The cost to butld five (5) small skateboard rarnps, compnstng T, 000 square feet would be approximately $$0,000 Mayor Oberndorf advtsed a temporary solution might need to be devised ~the skateboard park wdl not be ready tn the Spring Ms Cole advised after the meeting with the Skateboard Committee an update wdl be forwarded to Ctty Councd danuatT 28 2003 CITY M,4 N~4 GER 'S BRIEFING SENTARA OFFICE PARK ENHANCEMENTS 3 40PM ITEM # 50664 Mr Steve Thompson Chief Financial Oj~tcer advised re the Sentara Office Park discussion ensued over several years to find a method to replace the Ballfields at P~mcess Anne Commons while bringing tn a quality employer The employer should brmg tn cash up front to a~stst in buildmg the Ballfields An ert ensive public input pt ocess ensued As a result of meetings with neighborhoods and recrealtonal leagues the goal of estabhshing contmuous use and access to the ball. fields was estabhshed A nattonal Request for Proposal (RFP) resulted tn only om response (Sentara) A sales agreement was negotiated Mr Thompson &splayed asttt map depicting Buddmg A (first proposed building) The developers wouM prefer to accele~ ate construction of Butldtng A l'Vith the commttment of conttnuous access to the ballftelds and no less parking methods had to be devised lo make this acceletation possible The developers will construct a 3entara Office Building comprised of medical offic es and pt treat3, care physi~ ians and conststmg of 50,000-60,000 square feet The Parking Lot construction will cominence Spring 2003 **tth building ~onstruction commencing tn August - December 2003 Mr Thompson cited the four conditions requested of the developer Replace/mamtmn continuous part~mg at or above present amount of 427 spaces Maintain continuous access to ballfields Maintain continuous ball. field operation Handicapped access to restrooms/snack area Mr Th~mps~nadvtsedthestaffwi~tneetw~ththene~ghb~rh~dgr~up~andtherecreati~nalleag~testelative the acceleration and their support January 28 2003 13 AGENDA REVIEW SESSION ITEM # 50667 K1 Apphcattons of KENNETH A HALL FAM1L Y LIMITED PARTNERSHIPfor a discontinuance closure and abandonment (D[SFP~CT 3 - ROSE HALL) a 8487squarefeetofaporttonofPlneStreetand1264 b 13 927 square feet ora poraon of Second Street between Poplar and Pine Streets Council Lad), McClanan supported the applicant The City Manger advised there are two issues The proposed use has not been dehneated and future use for tmprovetnents at 1-264 and 1-64 Mr Scott adrtsed the apphcant is agreeable that the City would not be hable for the cost of att) .nprovements placed on the property This property is tn conjunction with thc Rosemont Road mtet r hange and mtght not be needed for fifteen (15) years There have been a number of alternative layouts designed for that mterchange and e, eryone of the alternatives includes the use of this propetrt, ITEM # 50668 K4 Apphcatton of SANDRA BALLWEG for a Conditional Use Permit re home occupation (day care) at DuBoi* Place and Jansen Way (2933 DuBois Place) ~onta.nng 5 490 ~quare.[eet (DISTRICT 7- PRINCESS ~NNE) Stephen White Planmng referenced a correction to Condition 3 · ~ ~,m,.~,, ........ o .......... ,*;"' w ~'" I ~'~ ~, A four (4) fool troth .fence shall be mstalled to create an enclosed play area a~ identified on the site plan prior to issuance of any hcen ~e Said fence shall be maintained at all times Councdman Schmidt expressed concern relative children s access from the house to the hot tub or pool area Mr White advised the applicants moved here from another area and had previously been Da~ Care provider s Councd Lady Eure beheved the fence should be slx (6)feet from the house in the vicinity of the shdmg glass doors to the play area This item will be discussed with the apphcant during the Formal Session Januan, 28 2003 -14 AGENDA REVIE~V SESSION ITEM # 50669 K5 Ordinance to AMEND the Ctty Zomng Ordinance (CZO) re dtmenslonal requtrements for nonconformtng lots tn the R 5S Restdentta[ Dtstrtct The City Attorney advts~d Counctlman Maddor had distributed an addtttonal or&nance Ordinance establtshmg Transttton Rules for the subdtvtston of Nonconformtng Lots tn lhe R-5S Restdenttal Dtstrtcts ITEM # 50670 BY CONSENSUS the following shall compose the PLANNING BY CONSENT AGENDA K2 4pphcatton t~H GORDON and ELIZABETH K HUEY and BERNICE T WILLIAMS for the dtscontmuance closure and abandonment ora 15 foot alle) on [ ors E- H on 48'~ Street and Lot~ 180- 184 on 49~ Street contatmng 4 050 square feet (DISTRICT 6- BEACH) K3 Appltcatton of BLUE HORSESHOE TATTOO TWO, LTD for a Condtttonal Use Permtt re a tattoo and body pterctng studio at London Brtdge Road and Bowland Parkway (513 London Brtdge Road) containing ] 272 acres (DISTRICT 6 - BEACH) danua~,28 2003 15- CITY COUNCIL COMMENTS 400PM ITEM # 506 71 Councd Lad), Eure and Councdman Vdlanueva -Ltatsons wtth the School Moderntzatton Committee met tndtvtdually wtth the Cay staff News from the School Board wdl be recetved ( oncernmg escalattng the moderntzanon Ma~;or Oberndot f and Vlce Mayor dones met wtth the Dr Ttmothv dennev Supertntendent- Virgmla Beach Ctty Schools the School Board Chatr and Vice Chatr who tnfotmed them of the tnoderntzatton tsxue attd a number of other tssues to be dtscussed £ ounctl Lady McClanan expressed concern relattve the Pubhc Hearmg concerntng School Capital Budget (Reverston Funds) and the proposed Ordtnance (Scheduled for February 4 2003) to 4PPROPRIATE $7,493,000 from FY 2001-02 schools reverston funds to FY 2002-03 capttal budget and TtL4NSFER $507,500 re vartous school projects and to cstabhsh one new capttal improvement project re school bus renovatton and expansion Council Lady McClanan inquired relattve construction of a Mlddl~ School close to the new Con,.~.ntlon Cent~ r The Ctty Manager advtsed a formal School Capllal Improvemenl Program request will be necessary Vtrglnta Beach Ctty Schools is reviewing sites to rep[ace Vtrgtnta Beach Mtddle School and hm e met with the Ctty staff The SOM plan tndtcated opportunities south of the Conventton Center attd south of the new Ltbrary stte to create a very tmportant ctvlc space along lqh Street fher~, ts a posstblhty tn terms of redeveloptng the old school site Robert Scott has been workmg wtth the school staff There are two mlddle schools Great Neck and Vtrgtnta Beach which require reconstructton due to modermzation There is an env~ronmentall), sensttr~e area }~ hlch mtght prohibit reconstructton t~ Vtrgtnta Beach Mtddle School tn the same wcmtt¥ Council Lady Wilson referenced the School Stte Selection Commtttee composed of Ctty Councd Member s and School Board Members The City Manager advtsed this committee has not been active fo~ many ~ear~ Thts Commtttee might be considered for reactivation Council Lady ~llson advised Cooke Elementary secured a vartance fortn the State where they renovated and modernized ITEM # 50672 Council Lad), Eure referenced thc ongolng problem concernmg stgn nottficanon for changes of u~e on property CurtentIy the 3lgn must be in place fifteen (15) days prior to actton Council Lad), Eure requested pubhc nottce be extended to thirty (30) days Deputy City Attorney Macah advtsed The Cttv ma), lawfully require stgns lo be placed on the property thlrti (30) days prior to the meettng at wht~ h the apphcatton concernmg the propert¥ will be heard In order to increase the time of posttng from fifteen (15) to thtrty (30) da2, s all that ts necessary ts an antendment to Sectton 108 of the City Zoning Ordinance Council Lady Eure also requested nonces to adjacent property owners be maded fifteen (15) days prtor to the heanng, rather than ten (10) days danua~ 28 2003 -16- CIT} COUNCIL COMMENTS ITEM # 506 73 Councd Lady Eure referenced correspondence from VBTV (V~rgmta Beach Telev~swn) She was very pleased with thetr responve to the expendttures tnvolved tn thetr productton ITEM # 50674 Counctlman Schmtdt advised Saturday February 8 2003 ts the Polar Plunge to benefit Specml Olympws He encouraged hts four (4) new Ctty Counctl Members to plunge wtth htm ITEM # 50675 Mayor Oberndorf announced the lnternattonal Stster Ctty Musw Festival for promotmg everlastlng peace and under~tandmg the sptrtt of goodwtll and brotherhood and ststerhood of the world thru musw The Cttv of Vtrgtnta Beach. Moss, Norway Mtyazakt, Japan, and, Bangor, North Down, Ireland a tll parttclpate Thursday, February 13,h 700-830PM Pavthon "Vowes of Love and Peace" Jotnt Choral Concert and Chamber Works presented by the Mtyazakt Phdharmonw, Japan Tlckets $I0 Frtday, February 14~ 7 00- 900PM Pavthon "Ode to Joy" Ntnth Symphony of Beethoven Vtrgtnta Beach Symphony Orchestra Mtyazakt Phdharmontc Orchestra Sister Chotrs Tickets $15 January 28 2003 17- ITEM # 50676 Mayor Meyera E Oberndorf called to order the INFOR~I,4L SESSION oJ the VIRGINIA BEACH CITY COUNCIL tn the Ctl), Councd Conference Room C~t~v Hall Butldtng on Tuesday January 28 2003 at 4 /6PM Counct[ Members Present Harry E Dtezel Margaret L Eure lqce Mayor Louts R Jones Reba S McClanan RtchardA Maddox MayorMeyeral~ Oberndotf Jtm Reeve Peter W Schmzdt Ron A Vtllanueva RosemarF ~ilsou and James I Wood Counczl Members Absent danuam, 28 2003 -18 ITEM # 50677 Mayor Meyera E Oberndorf entertained a motion to permlt City Council to conduct ltv CLOSFD SESSION pursuant to Section 2 I 344(A) Code of l/trginta as amended for theJollowlng purpos¢ PERSONNEL MATTERS Discussion consideration or lntervlew~ of prospective candidates for etnployment assignment appointment promotion performance demotion salaries disciplining or resignation of specific pubhc officer~ appointees or employees pursuant to Section 2 2-3711 (A) (1) To Wit Appointments Boards and Comtmsstons Personnel Board Resort Advisory Commtsaton L~GAL MATTERS Consultation with legal counsel or briefings by staff members consultants oi attorneys pertammg to actual or probable htlgation or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2 2 3711(A)(7) Adams Outdoor Advertising L P v CiO, of Virginia Beach Adatns Outdoor Advertising L P v Board of Zomng Appeals Beach Tttle Bsu~ Oceanfront Upon motion by V~ce Mayor Jones ~econded by Count tl Lady Eure Cay Council voted to procet d into CLOSED SESSION ?ottng 11-0 Councd Members l/ottng Ave Harrv E Dlezel Margaret L Eure Vice Mayor Louts R Jones Reba S McClanan Richard A Maddor Mayor Me3era E Oberndorf Jim Reeve Peter W Schmldt Ron A Vdlanueva Rosemary Wilson and James L Wood Council Member~ Voting Nay Nora Council Members Absent None (4 16-4 30PM Break) (4 30PM-6OOPM) danuar328 2003 -]9- FORMAL SESSION VIRGINIA B&ACH CITI COUNCIL January 28, 2003 600PM Mayor Meyera E Oberndorf called to order the FOR3IAL SESSION of the VIRGINIA BEACH CITY COUNCIL ttt the Counctl Chamber Crt} Hall Brig[ding on fuesday danuarv 28 2003 at 6 O0 P M Counctl Members Present Harry E Dtezel Margaret L Eure gtce Mayor Louts R dones Reba S McClanan RtchatdA Maddox Maj,orMeyeraE Oberndorf dtm Reeve Peter W Schmtdt Ron A Vtllanueva Rosemary Fbdson and dames L t~ood Counctl Members Absent None INVOCATION Reverend W Samuel Walton Unton Bapttst Church PLFDGE OF ALLEGI 4N( E TO THE FLAG OF THE UNITED STATES OF AMERIC 4 danuar3 28 2003 Item V-E - 20- CERTIFICATION OF CLOSED SESSION ITEM # 50678 Upon motion by Council Lady Wdson seconded by Counctbnan Schmtdt Cffv Councd CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS Only pubhc business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed tn Closed Session lo which this certification resolution applies AND Only such pubhc business matter~ as were Identified tn the motion convening the Clo,ed Session were heard discussed or considered by Vtrgmta Beach City Council Voting 11~0 Councd Members Voting Ave Harry E Dtezel Margaret I Eure Vice Mayor Louts R dones Reba S McClanan RtchardA Maddox Mayor Me3era E Oberndorf Jtm Reeve Peter W Schmldt Ron A Vdlanueva Rosemary Wilson and James L Wood Council Members Voting Nay None Councd Members Absent None danuar3 28 2003 R SO ION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS The V~rglma Beach City Council convened ~nto CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 50677, page 18, and ~n accordance w~th the promslons of The Virglma Freedom of Information Act and, WHEREAS Section 2 2 3711 (A) of the Code of Vlrgmm reqmres a certfficatton by the governing body that such Closed Sessmn was conducted m conformity w~th Virginia law NOW, THEREFORE, BE IT RESOLVED That the V~rgmm Beach C~ty Cotmcfl hereby certtfies that, to the best of each member's knowledge, (a) only public bus~ness matters lawfully exempted from Open Meeting reqmrements by V~rg~ma law were d~scussed ~n Closed Sesston to whmh this certificatmn resolution apphes, and, (b) only such pubhc business matters as were ~dentffied m the motion convemng th~s Closed Session were heard, d~scussed or considered by V~rg~ma Beach C~ty Council J;i'fth Hodges ~"mtth,-MMC City Clerk January28 2003 Item V-F J 2/- MINUTES ITEM # 50679 Upon motton by Counctlman Schmtdt seconded by Counctl Lady ~dson Ctty Councd APPROVED the Mmutes of the INFORMAL AND FORMAL SESSIONS of January 14, 2003 11 0 Councd Members Voting Aye Harry £ Dtezel Margaret L Eure Vtce Mayor Louts R Jones Reba S McClanan RtchardA Maddox MayorMeyeraE Oberndorf dtm Reeve Peter W Schmtdt Ron A Vdlanueva Rosemary Wdson and James L Wood Councd Members Vottng Nay None Counctl Members ~lbsent January 28 2003 Item V-G ADOPT AGENDA FOR FORMAL SESSION - 22 - ITEM# 50680 BY CONSENSUS Crt3 Counctl ADOPTED AGENDA FOR THE FORMAL SESSION danuao 28 2003 Item V-H 1 PUBLIC HEARING ~ 23 ITEM # 50681 Mayor Oberndorf DECLARED A PUBLIC HEARING AGRICULTURAL RESERVE PROGRAM (,4RP) - Ives Road There betng no ¢peakers Mayor Oberndorf CLOSED THE PUBLIC HEARING danuar¥ 28 2003 Item V-H 2 PUBLIC HEARING - 24 ITEM # 50682 Mayo~ Oberndorf DECL~RED A PUBLIC HEARING SCHOOL CAPITAL BUDGET- (Reversion Funds) Amendment to the CIP Renovattons, replacementandstteacqmsttton $7,493,278 There betng no speakers Mayor Oberndorf CLOSED THE PUBLIC HEARING January 28 2003 Item V-I 1 25- PUBLIC COMMENT ITEM # 50683 Robert Scott Dtrector of Planntng stated that on A,tgust 2 7 2002 Ctty Counctl e* tabhshed (by Resolutton) the Transition Area Techmcai Advisory Committee (TATAC) A cop), of the Transition Area Repot t was distributed to City Council on January 14 2004 The purpose of the TATAC was to recommend lo the Planning Commission techmcal means of clarifying the portton of the Comprehensive Plan concermng the Tl ansttlon Area consistent wlth the vtews of the Ctty Councll expressed in the thetr Workshop of August 20 2002 The Plannlng Commtsslon ADOPTED a Resolution acceptmg and approvtng the Report of the Virginia Beach Transttlon Area Technical Advisory Committee and recommending the City Counct! designate the recommendations therein as interim gutdehnes for the interpretation and apphcatton of the Comprehensive Plan The TATAC recommended the maximum density allowed tit the Transition Area should be one (]) dwelling untt per acre That one dwelling umt pet acre should not be considered by right but earned by good design which basically adheres lo criteria contained in the Transition Plan M~ Scott dtstmbuted a map entitled Transition Area Trails and Desttnations Mr Scott also dtstrtbuted a Tl ansitlon Area Comparison (Comprehensive Plan adopted tn 1997 and points tn which the T 4 TAC ts recommen&ng clarification} Catheryn WhtteseH Dtrertor - Resource Management referenced the Dt?MFT Deftnitlons and Concept~ used tn Transition Area Financing Analysts Concurrency This ts a rrtttcal concept This definition of concurrency would mean that the Infrastructure would be substantially in place bv 2026 Fiscal Neutrahty Projects and services whose need ts ~ubslanttally generated by new development tn the Transition Area should not rely on support from real estate or other taxes paid by people or businesses elsewhel e in the City The Transition 4rea should be self-rehant in this regard VDOT funchngfor toadway Infrastructure utll not based on current state budget issues and previous commitments be available until at least afie~ 2010 Even then avadabdity ts subject to VDOT approval and overall communtt'~, prtorltte~ Homes ~n the Transition Area are assumed to be constructed a, follows 250 tn 2004 250 in 2005 200 homes tn 2006 2007 and 2008 and then approximately 165 each year thereafter untd the 3 000 homes are built The present value of Incremental real estate revenue $108 000 000 - $120 000 000 (Avelage value of new home tn the Tran~ttion Area = $400 000 minus average value of New Home in City = $230 000 Appreciation ts projected at 5% first three years and 2 5% roi out Fears Dlsr ount ~actor is 6% Potential ~chool infrastructure ts *ery prelimtnar~ in the DtL~FT Some of the roads listed tit the Financing Plan may be ehgible for fillure VDOT fundlng Satd Dt~FT ts hereby made apart oJ the record Mayor Oberndorf DECLARED PUBLIC COMMENT TI~4NSITION AREA MASTER PLAN The following registered lo speak Robert 0 Connol 204 52"a Street Phone 428-0902 requested DEFERRAL of February 4'~ Crt) Council Bernard Bvrne 2728 Esplanade Court Phone 430-0571 requested DEFERRAL Fred Adams 154 Edgewater Drive Phone 467-2775 Chair Sierra Club requested DEFERRAL Jo Howren 3560 Dandelion Crescent Phone 427-5805 requested DEFERRAL (not rush tojudgemenO Herb Jonea 2313 Sandpiper Road Phone 721-1103 requested DEFERRAL Sal Pegnaton 2676Alameda Drive Phone 430-1625 regtstered in OPPOSITION Sue Carlyle 1013 Fleming Circle Phone 417 7018 registered tn OPPOSITION Cheryl Petttcre~ 308 Swordfish Lane Phone 426 5221 iegtstered in OPPOSITION danuam, 28 2003 Item V-I 1 - 26 - PUBLIC COMMENT ITEM # 50683 (Continued) GeorgetteConstant l1082"'t Street Phone 422-2948 requestedfurtherpubhcmvolvementandDEFERRAL Nancy Parker 604 Goldsboro Avenue Phone 425-1589 requested DEFERRAL and more detad~d financxal mformatton be provtded Ttm Barrow 1928 Thunderbtrd Drtve Member of the Transttton Area Techmcal Advtsory Commtttee requested further anal)sis and explamed why he dtd not stgn the report Chrt~ Carolbtne 1956 Munden Point Road Phone 426 2462 regt~tered tn OPPOSITION Mtchele Shears 405 22~'~ Street Phone 427-0378 regtstered tn OPPOSITION There betng no further speakers Mayor Oberndorf CLOSED THE PUBLIC COMMENT 4 MOTION was made by ( ouncdman Schmtdt seconded by Councd Lad), Wdson and further AMFNDED by Councdman Vtllanueva to RECFIVE the Report of the Vtrgmta Beach Transttton Area Techntcal Advtsory Committee A more comprehenstve financtal analysts and clearer dehneatton of the Transttton Area Master Plan wtll be prepared wtth asststam e of Planmng staff Management Servtres and representattves of the Vtrgtnta Beach Ctty Schools Satd MOTION WAS WITHDRAWN Thts matter wdl be placed on the Agenda for February 4 2003 danuarv 28 2003 Item V-J ORDINANCES -27- ITEM # 50684 Upon motton by Vice Mayor Jones seconded by Counctlman Maddox City Council APPROVED IN ONE MOTlON ltems 1 2 and Sa/b of the CONSENT AGENDA Vottng 11-0 (By ConsenO Council Members Voting Aye Harry E Dlezel Margaret L Eure Vtce Mayor Louis R Jones Reba S McClanan Rlchard A Maddor Mayor Meyera E Oberndorf dtm Reeve Peter tV Schmidt Ron A Vlllanueva Rosemary tVllson attd Jameo L Wood Counctl Members Vottng Nay None Councd Members Absent None Council Lady McClanan voted a VERBAL NAY on Item J l (Kntgbt ARP) danua~ 28 2003 Item V-J 1 ORDINANCES 28- ITEM # 50685 Upon morton by Councdman ,]ones seconded by Councdman Maddor Ctty Counctl ADOPTED Or&nance to AUTHORIZE the acqutsttton oJ an Agrtcultural Land Preservatton (.4RP)Easement and the tssuance of ti s contract obltgattons tn the maximum prtnc~pal amount of $278 4 ] 1 to Barry D and Paula W Kntght on Ives Road contatntng 106 72 acres (DISTRICT 7 PRINCESS,4NNE) gottng 10 1 (By Consent) Councd Members Vottng Aye Harry E Dtezel Margaret L Eure Vtce Mayor Louts R dones Rtchard A Maddox Mayor Meyera E Oberndorf Jtm Reeve Peter W Schmtdt Ron A Vdlanueva Rosemary Wtlson and .lames L Wood Counctl Members Vottng Nay Reba S McClanan Councd Members ~4bsent None January 28 2003 - 12- AGENDA RE VIEW SESSION 3 47PM ITEM # 50665 ,]1 Ordtnance to AUTHORIZE the acqulsttton of an Agricultural Land Preservatton (ARP)Easement and the ts~uance of tts contract obligalton~ tn the maximum prlnctpal amount of $278 411 to Barry D and Paula W Kntght on Ives Road contamtng ]06 72 acres (DISTRICT7 PRINCESS ANNE) Councd Lady McClanan wall vote NAY ITEM# 50666 BY CONSENgUS the followtng shall compose the CONSENT AGENDA J! ,I2 .I3 b Ordinance to AUTHORIZE the acqutsltton of an Agricultural Land Preservation (ARP)Easement and the issuance of it s contracl ob[lgalton~ tn the maximum prmctpal amount of $278 411 to Barry D and Paula Knight on Ive~ Road rontatntng 106 72 acrev (DISTRICT 7 - PRINCESS ANNE) Ordinance to A CCEPT and APPROPRIA TE a $150 000 grant from the Federal Emergency Management Agencl2 (FEMA) to the Fire Department rc equtpment and tratntng support of the Urban Search and Resr ue Team Ordtnance to AUTHORIZE temporary encroachments tnto City-owned properties TERRY COMPANIES FOUR, LLC re an exlsttng pedestrtan brtdge In the Ctty s drainage easement at W}nd Crest Condomtntums off Salem Road (DISTRICT 1 - CENTERVILLE) JAMES R and JANICE P ANDERSON rc constru( ting and tnaintaintng a prt*ate pter gangway and float ~nto Lake Rudee at 3 Caribbean Avenue Shadoa Lawn Hetght~ (DISTRICT 6- BEACH) Councd Lady McClanan will vote NAY on Item .1 1 .1anuary28 2003 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 A RESOLUTION ACCEPTING AND APPROVING THE REPORT OF THE VIRGINIA BEACH TRANSITION AREA TECHNICAL ADVISORY COMMITTEE AND RECOMMENDING THAT THE CITY COUNCIL DESIGNATE THE RECOMMENDATIONS THEREIN AS INTERIM GUIDELINES FOR THE INTERPRETATION AND APPLICATION OF THE COMPREHENSIVE PLAN WHEREAS, resolution Committee on August 27, the Virginia Beach Transition Area Technical (the "Committee"), and WHEREAS, the Committee was charged with 2002, City Council established by Advisory the responsIbility of recommending to the Planning Commission 5echn~cal means of clarifying the port~on of the ComprehensIve Plan concerning the Transition Area consistent w~th the vision for the Transition Area as expressed by City Council during its August 20th workshop, and WHEREAS, the Planning CommIssion was briefed on the Committee's report and recommendatIons on January 13, 2003, and a final version of such report and recommendations was presented to the Planning Commission on January 27, 2003, at which time members of the public were given the opportunity to comment upon the said report and recommendations, NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the Planning Commission hereby accepts and approves the final report of the Committee presented on January 27, 2003, and recommends to the C~ty Council that the report and the 30 31 32 33 34 recommendations therein serve as interim guidelines for the interpretation and application of the provisions of the ComprehensIve Plan as it applies to the Transition Area until such time as the Comprehensive Plan is reviewed and amended in accordance with applicable law 35 36 37 38 Adopted V~rglnla Beach, V~rgznla, on the C~r, Planning Commission by the ?lann~ng Commission of the City of ~-? day of ~ ~, 2003 Item V-J 2 ORDINANCES - 29- ITEM# 50686 Upon motion by Councdman Jones seconded by Councdman Maddox Ctty Councd ADOPTED Or&nance to ACCEPT and.4PPROPRIATE a $150 000 grant from the Federal Emergency Management Ag6ncv (FEMA) to the Ftre Department re equipment and tratnmg support of the Urban Search and Re~ cue Team l/otmg 11-0 (By Consen0 Counctl Members Voting Aye Harry E Dtezel Margaret L Eure Vtce Mayor Louts R lones Reba S McClanan Rtchard A Maddor Mayor Meye~ a E Oberndo~ f Jtm Reeve Peter W Schmtdt Ron A Vdlanueva Roaemary Wdson and James L Wood Counctl Members Voang Nay None Counctl Members Absent None danuary28 2003 Item I/-J 3 ~ ORDINANCES 30- ITEM # 50687 Upon motion by Councilman Jones seconded by Councdtnan Maddox City Council ADOPTED Ordmance to AUTHORIZE temporary encroachments into City-owned properties TERRY COMPANIES ~ OUR, LLC re an extsttng pedestrtatt bridge tn the City s drutnage easement at Wynd Crest Condomtmums off Salem Road (DISTRICT 1 - CENTER VI££E) The following conditions shall be required The temporary encroachment shah be constructed and maintained tn accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and ltl accordance with the City s spectficatlons and app~ oval as to size alignment and location 2 The temporary encroachment shall terminate upon notice by the City to the applicant and within thirty (30} days after such notice is given the temporat), encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal 3 The applicant shall indemnify and bom harmless the City its agents and etnployees from and against all claims damages losses and expenses including reasonable attorney s fee~ tn case It shall be necessary to file or def6nd an action arising out of the localton or extstenc6 of the temporary encroa~ hmenl 4 Nothing herein contained shall be construed to enlarge the pemmaston and authority to permit the maintenance or construction of anj, enctoachment olher than that specified herein and to the hmtted extent specified herein nor to permit the maintenance and construction of ani encroachment bi' anyone other than the applwant 5 Theappltcantagreestomalntatnthetemporaryencroachmentso as not to become unsightly or a hazard 6 The applicant must obtain a permit from the Office of Development Services Center~Planning Department prior to commencing any construction within the encroachment area Prior to issuance ora right-of-way permit the applicant must post sureties tn accordance with lhe ProJect Engtnee~ s cost ~sttmatt. to the Office of Development Services Center/Planmng Department danuarv 28 2003 ! 2 3 4 5 6 7 8 9 lO [2 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $150,000 GRANT FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY FOR EQUIPMENT AND TRAINING SUPPORT OF THE URBAN SEARCH AND RESCUE TEAM WHEREAS, the City of Virginia Beach Fire Department has received an additional $150,000 in federal funds from the Federal Emergency Management Agency to support equipment and training needs of the Urban Search and Rescue Team NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That a $150,000 federal grant from the Federal Emergency Management Agency is hereby accepted and appropriated to the Fire Department's FY 2002-03 Operating Budget, with revenue increased accordingly Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of January 2003 CA-8723 data/noncode/$150,000 grant ord wpd R3 January 17, 2003 Approved as to Content Approved as to Legal Sufficiency Department Law Item V-J $ a ORDINANCES 31 ITEM# 50687(Con~nue~ 8 9 10 11 The apphcant shall obtain and keep tn force all rtsk property insurance and general liability or such insurance as ts deemed necessary by the Cttx, attd all insurance pohctes must natne the Crt5 as additional named insured ot loss payee as apphcable The applicant must also carry comprehensive general habiltty insurance tn an antount nol [ess than Five Hundred Thousand Dollars ($500 O00J combined single hmtts of such insurance pohty or pohctes The applicant tnust provide endotsements provtdtng at least thirty (30) days written notice to the Cttv prlot to the cancellation or termtnatlon of or matertal change to an), of the insurance pohctes The apphcant a~sumes all reaponsibdtttesandhablhttes vestedorcontmgent }*tthrelatton to the temporar3 encroachment The apphcanl agrees that the Grantee connect with vamtary sewer facdmes when they become avadable withm the time stipulated by the City and that plans must be submitted to the Department of Pttbhc Uti httes for re view The apphcant must submit for review and approval a survey for the encroachment area certified by a registered professional engineer or a hcensed land ~urveyor arid/or as budt plans of the Tetnporary Encroachment sealed bl a regtstered projess tonal engineer tf reqmred by either the City Engineer s Office or the Engineering Division of the Public Uttlmes Department The City upon revocation of such authortO, and pernusston ~o granted may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the cost tn arty manmr provtded by law for the collection of local ot state taxes may require the applicant to remove ~uch tetnporarv encroachment and pendmg such removal the City tnal charge the apphcant for the use of such portton of the City's t tght-of-way encroached upon the equivalent of v~hat wouM be the teal properO, tax upon the land so oct upted t fit wer~ ovrned by the apphcant and if such removal shall not be made within the time specified by the City the City shall impose a penalty tn the sum of One Hundred Dollar* ($100 00) per day for each and every day that such temporary encroachment ts allowed to continue thereafter and shall collect such compensation and penalltes tn any manner provided b), law for the collection of local or state laxe3 January28 2003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 02 23 24 AN OREINANCE AUTHORIZING THE ACQUISITIDN ~JF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUAN{E Bt THE CITY OF ITS CONTPACT OBLIGATIONs IN THE MAvIMUM PPINCIPAL AMOUNT OF >27~,411 WHEREAS, pursuant to the AgrNzultural Land5 Presezvdtlon Ordinance (the "OrdiNance"} , ~ppendl, 7 ef t~e C3ie o~ the Cztt of Vz~q~nia Beach, the~e h~s been pLesenr~t Ceutlczl a request for appreval ~:f on Installment Purchase AgreemenE (the ferm and standard prov~slens ef which have h~en pre%lcUSl~ dnpzovsd b the City [ oun,~ll, a m]mmdr/ o~ the material %~rms of which is hezeto attached, and a true ef which is en f~ke ~n the City ntterney's OIflce) fer the acquzs~t~en ef the Devezopment P~ghts fas der:hen zn the Installment Purcha%e Agreement) en ceztaln property, lec~ted in tile City and more fully desc~ ~bed in [ -h~hk[ B Installment Purchase Agreement Por a purchase price of e27%,4!!, and WHEREAS, the aforesaid Development R~hts ~hall be acquired through the acquisition or a perpetual agtlzultutal land preservation easement, as d~tlned in, and in ,~umpllence ,,~lth, the re~L]l~ements of the Or,J~nance ~ml WHEREAS, the C~ty Council has reviewed the proposed t-rms and conditions of the pulchase as evidenced by the Installment Purchase Agr aemen: 25 26 27 28 29 30 31 32 33 35 36 37 38 39 4O 41 42 43 44 45 46 47 48 NOW, THEREFORE, BE IT ORDAINED BY THE CITf COUNt IL OF THE CITi OF wIuq!w!n BEACH, VIPGINI~ 1 The Cltk Council hereb% determ,nes dnd f~nds that thc proposes terms and condlt,oh~ of th= pulchdse at the Development R~qhts pursuan~ to the Installmen~ Purchase qgreement, N~clud~ng the putchase pr,ce and manner o£ payment, are f~r and reasonable and ~n furtherance of the Sutposes of the Ordinance, and the City Manager or h~s designee is hereby a~t~,o~ =zed to approve, upon, or before ~Ne ~ec dt~cn and del.,er} o~ ~he Installment [uzchmse Aq~ment, tN- ~t~ of · nteresr te a_crue }n the unpaid prNlc~p~l halahce of ~he purchase price set forth here~nabuze as the greater ,~t 4 00~ Der annum or the Der annum rate whhch is ecual tc the y~el J on Un,ted States Treasury STRIPS purchased by th~ C~r_y tu~ fund m~ch unpazd p~znc~pal balance p~ v~ded, howe~er, that ~uch kate of ~nt~ze~t sna±l not e~eee 6 00 unzess the apl ~o, e± of tile :~mt/ CouncLl by resolution duly adopted ~s f.rst obta~ued 2 The C~ty Council here} y fuAthe~ determines ~hat funding is available fo~ Zhe acquisition of tile Development 9~ghts ollrslJ~nt to the Inst ~llmen~ Pu~ch~ Agre~m-nt reims ~nd co~dltlORS Set forth th~ relR 3 Th~ Cztf Council here[ y expressl~ approves the installment Puzcnase Ag~e~ menr and, suol~cn Lo rne determination of the C~ty Attorne% that th~ze ate 2 5O 51 52 53 5~ 55 56 57 58 59 6O 62 ~3 66 67 in title to the property or othez restrictions o~ encumbrdNces tnezeon which ma}, ill the oplnlOll of the ,~lty Attolhey, adverselp a£fect thc City's interests, authorizes the Cltp Mdndgei or his des~gne~~ to e}ecute ~nd deliver the Instdllment [ut~h~se ~rN eement :n st~bst~t lall~ the s~me ~erm ~nd substance a approved herePf with sdch r~hor medz[ ~c~t insertions, completions or omls~l(u~s Whlch do hOE matez ~ ally alter the purchase price er manner ef pa}ment, 8b the C~y Nanager or h~s designee shall ~1 prove The C~ fartl er d~rects tPe ~=t/ Cl~r~ t~ ~tf=- ~he sell Ee, and attest same on, th~ Installment Purchase AqreemenE The C~ty Council expressly authoz~zes the lncurren~ e ci the indebtedness represented by the ~ssuance ~nd d~l~ver} oI the ~stall~ent Purchase Agree~ePt 4 The C~ty Ceunc~l hezel>y elects to ~osu~ the · mlebtedn~sb und~ the Chdtte~ ~f th~ {_it} r~thez than pursuant te the Public F~nan~e Act of lqel end hereby conmtltutes the lndebt~i~less ~ contrectual ohl!get!o~/ bestLng the full faith and c~edlt ef the 68 69 Atopted by the Oouncll ut the (lty of \l~gln~ Be~ch, V~rclnl~, on this 2~th_ qay of .!~n~ry , 2002 Adoption requires an aft~rmat~¥e vote of a maJorl~/ of all members of the City Ceuncll CA8716 a~ppurchase'knlg¼t/~nzgb~orJ wpd R-1 7~nuazy 7, ~003 A:PNOVED AS TO cONTENT A} PROVED AS FO LEtAL Ldw Department APPROVED AS TO AVAILABILITY OF FUNDS Item V-J 3 a 32- ORDINANCES ITEM # 50687 (Conttnued) Vottng 11-0 (By ConsenO Councd Members Vottng Aye Harry E Dtezel Margaret [ Eure Vtce Mayor Louts R Jones Reba S McClanan Rtchard A Maddox Mayor Meyera E Oberndorf &m Reeve Peter W Schmldt Ron A I~tl[anueva Rosemary PVllson and Jantes L Wood Councd Members Vottng Nay None Count ~l Members Absent None January 28 2003 - 33 - Item V-J3 b ORDINANCES ITEM # 50688 Upon motion bv Councilman Jones seconded by Councdman Maddox, City Council ADOPTED Or&nance to AUTHORIZE temporar~ encroachments Into City owned properties JAMES R and JANICE P ANDERSON re constructing and maintaining a pt tvate pter gangway and float into Lake Rudee at 3 Caribbean Avenue Shadow Lawn Hetghta (DISTRICT 6- BEACH) The following conchttons shall be required The tetnporary encroachment shall be construttedand maintained in accordance with the laws of the Commom~ ealth of Virginia and the City of Virginia Beach and in accordance with the Clt3 s specifications and approval as to size ahgnment and location The temporary encroachment shall terminate upon notice by the City to the apphcant and within thirty (30) days after such notice ts given the temporary encroachment mu~t be removed from the encroachment area by the apphcant attd the applicant will bear all costs and expenses of such removal The applicant shall mdemmfy attd hold harmless the CtO its agents and employees from and against all claims damages losse~ and expenses including reasonable attorney s fees tn case tt shall be necessar)/ to file or defend an action at tsmg out of the location or existence of the temporary encroachment 4 Nothing herein contained shall be tonstrued to enlarge the permission and aulhorlty to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specl/led herein nol to permit the maintenance and construction of any encroachment by anyone other than the applicant 5 Theapphcantagreestomatntamthetemporaryencroachmentso as not to become unsightly or a hazard 6 The apphcant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing an), construction within the encroachment area Prior to issuance ora rtght-of-wa~, pertntt the apphcant must post ~urettes in accordance with the Project Engineer s cost estimate to the Office of Development Services Center~Planning Department Januao 28 2003 Item V-J $ b ORDINANCES - 34 ITEM # 50688 (Conttnued) The apphcant shall obtatn and keep tn .force all rtsk property tnsurance and general habthly or such tnsurance as ts deemed necessary by the Ctty and all tnsurance pohctes must name the Ctty as addtttonal named insured or loss payee as apphcable The applicant must also carry comprehenstve general habtlttv tnsurance in an amount not less than Frye Hundred Thousand Dollars ($500 000) combtned single h~mts of such tn*utance pohcy or poltctes The appltcant must pro*tde endor*ementa provtdmg at least thtrty (30) days' wrttten nottce to the CiO, pt tot to the cancellatton or termmatton of or tnatema[ chang* to arty of the tnsurance pohctes The apphcant as~utnes all respons~btltttes and ltabtltttes vested or contmgent w~th t elatton to the temporary eno oachment The Ctty upon revocatton of such authortty attd permt*mon so granted may remove the temporary encroachment and charge the cost thereof to the apphcant and collect the co~t .t any manner provtded by laa for the collectton of local or ~tate taxes may requtre the apphcant to remove ~uch temporary enooachment and pending such temoval the Ctty ma) charge the apphcant for the u~e of such po~ t~on of the Cttv's right-of way encroached upon the equt~ alent of what would be the real proper ty lax 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 Ctt¥ the Ctty shall tmpose a penalty tn the sum of Om. Hundred Dollars ($100 00) per dab, for each and ever), day that ~uch temporary encroachment ts allowed to rontmue thereafter and shall collect such cotnpensatton and penaltte~ tn any manner provtded b), law for the collectton of local ot *tate tale* Votmg 11 0 (By ConsenO Counctl Members Votmg Aye Harry E Dtezel Margaret L Eure Vtce Mayor Louts R Jones Reba S McClanan RtchardA Maddax Mayor MeyeraE Oberndorf Jtm Reeve Peter W Schmtdt Ron .4 Vtllanueva Rosemary Wdson and James L Wood Councd Members Votmg Nay None Counctl Members ,4bsent None danuao 28 2003 Item V-K PLANNING 1 KENNETHA HALL 35- ITEM # 50689 STREET CLOSURE 2 H GORDON and ELIZABETH K HUEY and BERNICE T WILLIAMS STREET CLOSURE 3 BLUE HORESHOE TATTOO TWO, LTD CONDITIONAL USE PERMIT 4 SANDIL4 BALLWEG CONDITIONAL USE PERMIT 5 CITY OF VIRGINIA BEACH AMEND CZO re dtmenstonal requtrements for nonconformtng lots tn the R-5S January 28 2003 ~6 Item .V lg ITEM ~ 50690 ,-'- ~N ONE ?L ~NN1NG - '~o~ C~rv CoUnct~ 4~gO~ ~V ~ ~., ~ tce biayor ~' ~ANNINU ~ ,r n~.lotlo~V n nd3 ~TION Items ~ a- Vottng 1 ! 0 (BY ¢o~sent) , Jones R~ba S - ,e ~,,~ax, or Louts R. ,( J~m Reeve hers l*ottng ~¥ ~ £ure Vtct .. ~..~ obernU°'~ jameS L Mem~ , ~argaret ~ -,~,,or Me,er" ,qdson Mtclana . ~ .dr Roa ~ Wood CounCd Members Vottng Na'~ CoUnctl Members Absent None january28 Item V-J 1 PLANNING -37- ITEM # 50691 Attorney R E Bourdon represented the apphcant// Upon motion by Councd Lady McClanan seconded by Councthnan Schmtdt City Council ADOPTED Ordinances upon apphcatton of KENNETH A HALL FAMILY LIMITED PARTNERSHIP ~or a discontinuance closure and abandonment 8 487 square feet ora portion of Pine Stl eet and 1-264 and 13 927 square feet of a portion of Second Street between Poplal and Pine Streets Or&nance upon apphcation of Kenneth A Hall Famdy Limited Partnership for the discontinuance, closure and abandonment oJ a portion of Pine Street beginning at the northern boundary, of[ 264 and running northerly a distance of apprortmately 140 83feet Satd pa~cel contains 8 487 square feet DISTRICT3 ROSE HALL Ordinance upon apphcatton of Kenneth A Hall Family Limited Partnership for the dtscontmuance, closure and abandonment ora portion of Second Street between Poplar Street and Pine Street and between Lott 8 and 16 Block 4 and Lots I and remains of Lot 11 Block lO Jacl~ondale Parcel ts 50feet tn width and contains 13 927 square feet DISTRICT3 ROSE HALL The following ~ ondtttons shall be required The City Attorney s Office will make the final determination regarding ownership of the underlying fee The purcha~e prtce to be paid to the City shall be determined a~cordtng to the Policy Regarding Purchase of Crt) s Interest tn Streets Pursuant to Street Closures approv, d b~, Cit3 Councd Copies of the pohcy are available tn the Planning Department 2 The apphcant ts required to resubdivtde the property attd vacate internal lot lines to incorporate lhe closed area into the adjotnmg parcels The plat must be submitted and approved for recordation prior to final street closure approval The applicant ts reqmred to provide pubhc utihty easement* over existing water and sewer facthtte~ to the satisfaction of Pubhc Utditles These easements musl be shown on the streel clo*ure plat The City reserves for fifteen (15) years from the date of recordation of the closure the right to repurchase the a~ea of closure at the same price paid b) the applicant to the City plus a factor of 3% a year without compensation for any improvements or for damage to the ~estdue of the apphcants property This repurchase right shall be included m the deed or tn a separate agreement to be recorded tn the Clerk s Office of the Circuit Courl of the City of Virginia Beach The deed o~ agreement shall be acceptable to the City Attorney Jclnuat'v 28 2003 Item V-K 1 PLANNING - 38 ITEM # 50691 (Continued) 5 6 The apphcant ts requtred to verify that no private utthttes extst wtthtn the rtght-of-way proposed for closure Prehmtnary comments from the utthty cotnpames tn&cate that there are no prtvate utdtttes wtthtn the rtght-of-way proposed for closure If prtvate utthttes do extst easements sattsfactory to the utthtv company must be provtded Closure of the right of-way shah be contmgent upon comphance wtth the above stated con&aons wtthtn 365 days of app~ oval by Ctly Counctl lf the con&ttons noted above are not accomphshed and the final plat t~ not approved wtthtn one year of the C~ty Counctl vote to close the rtght of-aay tht~ approval ~hall be considered null and votd Vottng 11-0 Councd Members Vottng Aye Harry E Dtezel Margaret L Eure ~'tce Mayor Louts R dories Reba S McClanan Rwhard A Maddox Mavor Meyera E Oberndorf Jtm Reeve Peter W Schmtdt Ron A Vdlanueva Rosemary Wtlson and Jamet L Wood Councd Members Vottng Nay None Councd Members Absent None January 28 200 :t - 39 Item V-K 2 PLANNING ITEM # 50692 Upon morton by Vtce Mayor Jones seconded by Counctlman Maddox City Counctl ADOPTED an Ordmance upon apphcatwn of H GORDON and ELIZABETH K HUEY and B ER)VICE T WILLIAMS for the dtsconttnuance closure and abandonment of a 15-foot alley Ordtnance upon apphcatton of H Gordon & Ehzabeth K Huey and Berntce T Wtlhams for the dtsconttnuance, closure attd abandonment of a 15foot alley begtnntng on the west side of Ocean Avenue and runmng a dtstance of 27O feet to lhe east stde of Atlanttc Avenue The proposed closure abuts the rear property hne~ of Lots E - H on 48t~ Street and Lots 180 - 184 on 49'~ Street SaM parcel contatns 4 050 square feel DISTRICT 6 - BEACH The followmg condtttons shall be reqmred The Ctty Attorne) s Office shall make the final determtnatton regardmg ownershtp of the underlytngfee The purchase prtce to be pard to the Ctty shall be det~rmtned accordtng to th, Pohcy Regardtng Purchase of Ctty s btte~est tn Streets Pur~ uant to Street Closures approved by Ctty Counctl Coptes of the pohcy are avatlable tn the Planmng Department The apphcants and other affected property owners shall resubdtvtde their properttes and *acate mternal lot hnes to tncorporate the closed alley area mto the adjomtng parr els The plat~ *hall be submttted and approved for recordatton prtor to final ~treet closure approval All plats shall be submtlted together Prehmtnary comments from the Vtrgtma Natural Gas and Dommton Vtrgtma Power tndtcale that there are prtvate utthttes wtthtn the rtght-of way proposed fo~ closure The apphcant ts requtred to vertfy that no other prtvate uldtttes exist wtthtn the rtght-of-wayproposedfor closure Easements sattsfactory to the utdtty compames shall b~ provided 4 A utthly easement ts requtred to be dedtcated as spectfied by Pubhc Utthttes and Pubhc }[orks No structures shall be permttted wtthtn the easement but fences may be permttted wtth an approved encroachment agreement Th* easement ~hall be shoan on the final plat 5 Closure of the rtght-of-way shall be conttngent upon cotnphance wtth the above stated condtttons wtthtn 365 days of approval by Ctty Counctl If the condtttons noted above are not accomphshed and the final plat ts not recorded wtthtn one year of the Ctty Counctl vote to close the rtght-of-way thts approval shall be constdered null and votd January 28 2003 Item V-K 2 4O PLANNING ITEM # 50692 (Conttnued) Voting 1 I-0 (By ConsenO Council Members Vottng Aye Hart-), E Dlezel Margaret L Eure Vtce Mayor Louis R Jones Reba S McClanan Rtchard 4 Maddox Mayor Meycra E Oberndorf Jlnl Reeve Peter W Schmtdt Ron A Vdlanueva Rosetnarv Wdson and James L Wood Councd Members Vottng Nay None Councd Members Absent None Januao, 28 2003 Item V-K 3 -41 PLANNING ITEM # $0693 Upon morton by ~lce Mayor Jones set onded by Counctlman Maddox CiO Council ADOPTED an Ordinance upon appllcatton of BL UE HORSESHOE TA TTO0 TWO, LTD for a Condtttonal Use Permit ORDINANCE UPON APPLICATION OF BLUI~ HORSESHOE TATTOO TWO LTD FOR A CONDITIONAL USE PERMIT FOR A TA TTO0 AND BODY PIERCING STUDIO ROI 033! 074 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordtnance upon Apphcatton of Blue Horseshoe Tattoo Two Ltd for a Condtttonal Use Permit for a tattoo and body plerctng studio on the northwest corner of London Brtdge Road and Bowland Parkway (GPIN 1496899764) Parcel is located at 513 London Brtdge Road and contalns 1 272 acres DISTRICT6 - BEACH The followlng cotlchttons shah be required 2 3 4 5 The conditional use permit for a tattoo / bodyptercing establishment ts approved for a period of one year wtth an admtntstrattve revtew every year thereafter A business hcense shall not be tssued to the apphcant without the approval of the Health Department for consistency with the provlston~ of Chapter 23 of the City Code No stgnage more than four (4) square feet of the enttre glass area of the exterior wall(s) shall be permltted on the wtndows There shall be no other signs including neon signs or neon accents tnstalled on any wall area of the exterlo~ of the butldtng wtndows attd / or doors The actual tattootng/ body ptercmg operation on a customer shall not be vtslble from any pubhc rtght-of-way adjacent to the establishment The hours of operation shall be lO O0 a m to lO OOp m Monday through Saturday and 1200pm to 800pm on Sunda~, danuary 28 2003 Item V-K 4 43 PLANNING ITEM# 50694 Sandra R BaHweg 2933 DuBots Place Phone 468-3050 the apphcant represented herself Upon motton by Councdman Reeve seconded by Counctlman Vtllanueva Ctty Counctl ADOPTED an Ordtnance upon apphcatzon of SANDRA BALLWEG for a Condlttonal Use Pertmt ORDINANCE UPON APPLICATION OF SANDRA BALLWEG FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAY CARE) R010331075 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA Or&nam e upon Apphcatton of Sandra Ballweg for a Condtttonal Use Permit for a home occupatton (day care) on the south stde oJ DuBots Plat e 72 42feet west of Jansen Wa) (GPIN 1496316991) Parcel t~ located at 2933 DuBots Place and contatns apprortmatel} 5 490 square feet DISTRICT 7 - PRINCESS ANNE The following condtttons shall be required The home daycare shah be hmtted to a total often (10) chddren other than chtldren hvtng tn the home There shall be no more titan five (5) chtldren unde~ the age of 2% tn the home at one ttme 2 No more lhan one person other than a r~lattve re~ldtng tn the home ~hal[ be employed by the home dayra~e 3 A ~ohdfence mtmmum hetght ofo~ (6) four (4)feet wtth the smooth stde of the fence toward the play area shall be mstalled to create an enclosed pla) area as tdenttfied on the stte plan prtot to tssuance of am, hcense Said fence shall be malntatned at aH trines 4 Any loose matertals ot equtpment tn the yard shah be remo~.ed or stored m an enclosed building 5 No atgns adverttslng the hotne daycare shall be permitted on the lot or 6utldtngs on the lot at any t~me 6 The apphcant shall maintain a faintly daycare home hcense wtth the Commonwealth of Vtrgtnta Fadure to malntatn a faint/) daycare home hcense shall terminate thts condtttona[ use permtt 7 TheapphcantshallrecetveaCerttficateofOccupancy/rotnthe Bmldmg Offictal for the home daycare/restdent~al use January 28 2003 1 REQUESTED BY COUNCILMEMBER RICHARD A MADDOX 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 AN ORDINANCE ESTABLISHING TRANSITION RULES FOR THE SUBDIVISION OF NONCONFORMING LOTS IN THE R-SS RESIDENTIAL DISTRICT WHEREAS, the City Counczl adopted an ordinance on January 28, 2003, entitled "AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO DIMENSIONAL REQUIREMENTS FOR NONCONFORMING LOTS IN THE R-5S RESIDENTIAL DISTRICT (hereinafter the 'Ordinance')," and WHEREAS, the Ordinance is to become effective slx months from the date of its adoption, said effective date being July 28, 2003, and WHEREAS, it is the sense of the City Council that transition rules should be adopted to govern cases in which subdivision plats have been submitted, but not approved, by the City prior to the effective date of the Ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 1 That any subdzvlslon plat pertaining to property affected by the Ordinance which has been accepted for review, but has been neither approved nor disapproved, by the City on or before the close of business on the effective date of the Ordinance, shall not be subject to the amendments set forth in the Ordinance, but shall be required to comply with the ordinances and regulations of the City applicable to such property on the date such plat was accepted for review, 27 28 29 30 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 45 46 2 That any such subdzvlslon plat which has been accepted for review on or before the close of business on the effective date of the Ordinance, but whzch zs thereafter dzsapproved, shall, if resubmmtted wlthzn thirty (30) days of the date of dzsapproval or wmthln thirty (30) days after the effective date of the Ordinance, whichever lS later, be sub3ect to the ordinances and regulations of the City applicable to such property on the date such plat was lnltzally accepted for review, 3 That the provlsmons of Paragraph 2 heremnabove shall apply only to one (1) resubmlttal of a subdivision plat which has been disapproved, such that mf the plat ms disapproved upon resubm~ttal after the effective date of the Ordinance, all further development of the sub3ect property shall conform to the provlszons of the Ordmnance, as well as to all other applIcable laws, ordinances, regulatzons and standards, and 4 That nothing mn this ordinance shall be construed to affect any vested rmghts which exzsted as of the effective date of the Ordmnance Adopted by the Council of the C~ty of Vmrg~nma Beach, Vlrglnma, on the 28t~ day of January, 2003 CA-8728 wmm\ordres\R-5S Transltmon January 27, 2003 R-2 Rules wpd 2 Item V-K $ - 42 - PL/INNING ITEM # 50693 (Continued) Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zomng Ordtnance Adopted by the Councd of the Ctty of Vtrgtnta Beach Vtrgmta on the Twentl;-etghth of danuar) Thousand Three Two l/ottng 11-0 (By ConsenO Counctl Members Vottng Ave Harry E Dtezel Margaret I Eure Vice Mayor Louts R done~ Reba S McClanan Rtchard A Maddox Mayor Meyera E Oberndot f dtm Reeve Peter }V Schmtdt Ron A gtllanueva Rosemat3, Wtlson attd dames L Wood Councd Members l/ottng Nay None Counctl Members Absent None danuam28 2003 - 49- Item V-O 1 ADJOURNMENT ITEM# 50699 Mayor Meyera E Oberndorf DECLARED the Ctty Council Meetmg ADJOURNED at 10 15 P M Beverly 0 Hooks CMC Chtef Deputy Cay Clerk ~ges S, mth -~-t-~l-~- Ctty Cletk Meyera E Oberndorf Mayor Ctty of Vtrgtnta Beach Vtrgtnta &muar~28 2003 Item V-K 4 PLANNING - 44 - ITEM # 50694 (Continued) This Ordmance shall be effettwe tn accordance wtth Set t~on 107 09 oJ the Zoning Ordtnance Adopted by the Councd of the Ctty of Vtrgtma Beach Vtrgmta on the Twenty eighth of danuat3 Thousand Three Vottng 10-1 Councd Members Vottng Aye Harry E Dtezel Matgaret L Eure Vtce Mayor Loms R Jones Rtchard A Maddox Mayor Meyera E Oberndorf &m Reeve Peter W gchmidt Ron A Vdlanueva Rosemary Wtlson and James L Wood Cottncd Memberv Votmg Nay Reba S McClanan Council Membets Absent January 28 2003 - 45- Item V-K 5 PLANNING ITEM # 50695 The following spoke tn SUPPORT Glen Knutson 830 Carolina Avenue Phone 422-3392 Bruce C Dowe 527 Pinewood Drive Phone 425-9066 Kathy Browning 708 Terrate Avenue Phone 422 3876 Diane Gdlespte 710 Winston Salem Phone 437 1422 Ktm Whttley 715 Winston Salem Avenue Phone 425 6817 deffKnowles 724 Terrace Avenue Phone 428 7013 Sandy Neveu 515 Pinewood Drive Phone 491-0307 Jim Flanagan 708 Arctic Avenue Phone 428-2456 Past President and curent Treasurer of Shadow[awn Civic League B ,~ Andrew~ 820 GoldsboroAvenue Phone 425-8625 The following registered tn OPPOSITION Phdtp Morgan 627 Delaware Avenue Phone 425-1084 Steven Btshard 408 54r~ Street Phone 422-3539 Upon motion bv Councthnan Maddox seconded by Councilman Dtezel City Councd ADOPTED Alternate ordinance ESTABLISHED Transition Rules andALLOWED six (6) months for a home owner to record the approved plat AMEND the City Zoning Ordinance (CZO) re dtmenslona] requirements for nonconforming lots tn the R-5S Residential District Voting 11-0 Councd Members Voting Ave Harry E Dlezel Margaret L Eure Vice Mayor Louis R Jones Reba S McClanan Rtchard A Maddox Mayor Meyera E Oberndorf Jim Reeve Peter W Schmldt Ron A Vdlanueva Rosemary, Wilson and James L Wood Council Members Voting Nay None Council Members Absent None danuary 28 2003 Item V-K 1 ~4PPOINTMENT 46- ITEM# 50696 BY CONSENSUS Ctty Councd RESCHEDULED the following APPOINTMENT PERSONNEL BOARD January 28 2003 Item V-K 2 -47- APPOINTMENT ITEM tl 50697 Upon NOMINATION by Councdman Maddor Ctiv Councd APPOINTED Wdham Bleu Matthew T Faivey John Gtbson Jean Stbert Josh Thompson 3yr term 1/1/03- 12/31/05 RESORT ADVISOR Y COMMISSION (R~C) Vottng 11-0 Councd Members gottng Ape Harry E Dtezel Margaret L Eure gtce Mayor Louts R Jones Reba S McClanan Rtchard A Maddox Mayor Meyera E Oberndorf Jtm Reeve Peter W Schmtdt Ron A Vdlanueva Rosemary Wdson and James L Wood Counctl Members Voting Nay None Councd Members Absent None danuarv 28 2003 Item V-N 1 APPOINTMENT BY CONSENSUS Ctty Clerk to RECORD - 48- ITEM # 50698 ABSTRACT OF CII'IL CASES RESOLVED - November 2002 danuao28 2003 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 i7 18 19 2O 21 22 23 24 25 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO A CITY DRAINAGE EASEMENT BY THE TERRY COMPANIES FOUR, LLC ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS The Terry Compames Four, LLC desires to maintain an ex~st~ng pedestrian bridge upon the C~ty's easement located adjacent to Wynd Crest Condom~mums off Salem Road WHEREAS, C~ty Councd ~s authorized pursuant to §§ 15 2-2009 and 15 2-2107 Code of V~rg~ma 1950 as amended, to authorize temporary encroachments upon the C~ty's easement subject to such terms and conditions as Councd may prescribe NOW THEREFORE BE IT ORDA~NEE) BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA That pursuant to the authority and to the extent thereof contained ~n §§ 15 2-2009 and 15 2-2107 Code of Vlrg~ma, 1950, as amended, The Terry Companies Four, LLC ~ts he~rs, assigns and successors ~n t~tle are authorized to construct and maintain a temporary encroachment for an ex~st~ng pedestrian bridge ~n the C~ty s easement as shown on the map entitled BRIDGE PLAN OF WYND CREST FOR O&R DEVELOPMENT KEMPSVILLE BOROUGH VIRGINIA BEACH' a copyofwh~ch ~s attached as Exh~b~tA and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms conditions and criteria contained ~n the Agreement between the C~ty of V~rg~ma Beach and The Terry Compames Four, LLC (the "Agreement ), which ~s attached hereto and ~ncorporated by reference, and 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O 41 42 43 44 BE IT FURTHER ORDAINED, that the C~ty Manager or h~s authorized designee is hereby authorized to execute the Agreement, and BE IT FURTHER ORDAINED, that th~s Ordinance shall not be ~n effect untd such time as The Terry Compames Four, LLC and the C~ty Manager or h~s authorized designee execute the Agreement Adopted by the Councd of the C~ty of V~rg~ma Beach, V~rgm~a, on the January 2003 CA PREPARED December 5 2002 H \WP8~2002\Lawson\ENC\terryco ord wpd ~.~.¢ay of APPROVED AS TO CONTENTS S I GNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIEN~TD FOR24 CItY ATTORNEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO A POR]ION OF CITY PROPERTY ON LAKE RUDEE BY JAMES R ANDERSON AND JANICE P ANDERSON, ASSIGNS AND SUCCESSORS IN TITLE WHEREAS, James R Anderson and Janlce P Anderson, husband and wzfe, desire to construct and mazntamn a prmvate pzer, gangway, and float mnto the C~ty's property located at the rear of 3 Carmbbean Avenue known as Lake Rudee WHEREAS, Cmty Councml ms authorized pursuant to §§ 15 2- 2009 and 15 2-2107, Code of Vlrgmnza, 1950, as amended, to authormze a temporary encroachments upon the Cmty's property sub]ect to such terms and condmt~ons as Councml may prescribe NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CIqY OF VIRGINIA BEACH, VIRGINIA That pursuant to the authorzty and to the extent thereof contained mn §~ 15 2-2009 and 15 2-2107, Code of Vmrg~nla, 1950, as amended James R Anderson and Janlce P Anderson, assigns and successors mn tmtte are authorized to construct and mamntamn a temporary encroachment for a private pier, gangway, and float in the Cmty's property as shown on the map entitled "ENCROACHMENT REQUEST PROPOSED PRIVATE PIER FOR JAMES R AND JANICE P ANDERSON LOT C, RESUB LOTS 1 THRU 5, BLK 40, SHADOW LAWN HIGHTS BEACH 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 DISTRICT VIRGINIA NOVEMBER 11, 2002", Public Works and to description, and BE IT FURTHER ORDAINED, are expressly sub]ect to those BEACH, VA (INST NO 200208203019176) DATE a copy of which is on file in the Department of which reference ms made for a more partmcular that the temporary encroachments terms, conditions and criteria contained mn the Agreement between the City of Virginia Beach and James R Anderson and Janmce P Anderson, (the "Agreement") whmch ms attached hereto and incorporated by reference, and BE IT FURTHER ORDAINED that the City Manager or hms authorized desmgnee is hereby authorized to execute the Agreement BE IT FURTHER ORDAINED, that thms Ordinance shall not be in effect untzl such t~me as James R Anderson and Janlce P Anderson and the Czty Manager or his authorized designee execute the Agreement Adopted by the Councml of the City of Vzrglnla Beach, Vzrglnla, on the 28th day of January , 2003 42 43 44 45 46 47 48 49 50 51 52 CA-~{ gsalmons/ander$on/ord PREPARED 01 07 03 2  OVED A~ TO CONTENTS DEPARTMENT SECTION III It the preceding conditions are not fulfilled on or betore January 27 2004 lh~s Ordinance will be deemed null and void wtthout lurther action by the City Council 2 If all condtuons are met on or before January 27 2004, the date of final closure is the date the street closure ordinance ~s recorded by the C~t5 Attorney SECTION IV 3 A certified copy of th~s Ordinance .hall be filed ~n the Clerk's Olfice ot the C~rCUlt Court o! the City ol Vlrg~ma Beach Vlrglma and ~ndexed ~n the name ot the CITY OF VIRGINIA BEACH ag Grantor Adopted by the Council ol the Cay oi Vlrgmm Beach V~rglma on th~s 28th day o1~___ 2003 CA 8610 Dale C \Documents and Se.mgs\bduk¢\kocal beam ~s\Temp\(. A8610 ORD FRM APPROV/~ AS TO CONTENT Planmng Del(6'artm~ent APPROVED AS I O L[ GAL..~U~v-.I~IENCY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 Alternative Requested by Councllmember Richard Maddox AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE PERTAINING TO DIMENSIONAL REQUIREMENT FOR NONCONFORMING LOTS IN THE R-5S RESIDENTIAL DISTRICT SECTION AMENDED CZO ~502 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY BEACH, VIRGINIA OF VIRGINIA That Section 502 of the City Zoning Ordinance is hereby amended and reordalned to read as follows Sec 502 Dlmens~onal Requirements (e) (1) (2) NonconformIng lots Where a lot has less than the m~nlmum requirements for the R-5S Residential District and said lot has continuously been a lot of record, in single and separate ownership from adjacent property, prior to and sznce the passage of this ordinance, said lot may be developed for any purpose permitted within the R-5S Residential District However, if the owner of a lot which does not meet the minimum requirements of the R-5S Residential District, is the owner of or becomes the owner of another substandard lot ad]acent to it and located in the same R-5S Residential Dlstr~ct, he is not entitled to the exception in (1) above owner of the two (2) or more adjacent combine the two (2) or more lots to In this instance, the substandard lots must form one which will meet 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 5O 51 52 53 54 55 (3) (4) or more closely approximate the frontage and area requirements of the ordInance appllcable within the R-SS Residential District The owner of contiguous substandard lots is prohibited from conveying one (1) or more of the substandard lots with the result that both the grantors and the grantee possess lots entitled to an exceptIon from the m~nlmum lot requirements Status as a s~ngle and separate owner may not be acquired after enactment of th~s ordinance by selling a parcel and reducing the remainder below the m~n~mum lot requirements nor may an owner of several contiguous nonconformIng parcels combine them so as to leave a substandard lot, and assert the ................. feet ........ f~ve ....... satisfied -- ~-'" ............................ (1) 2 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 setba~; For adjacent where the other the purposes of this sectzon, lots are not regarded as they form an "L", part of one being contiguous to Thls ordinance shall be effective s~x of adoption (6) months from the date Adopted by the Council of the C~ty of Vlrgznla Beach, Vlrgzn&a, on the 28~ day of January, 2003 CA-8626 Proposed\czo 502(e) R-4 January 22, 2003 3