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Home My WebLink AboutJULY 1, 1997 MINUTESCITY COUNCIL MAYOR MEYERA E OBERNDORF, At-Large VICE MAYOR VVILLIAM D SESSOMS, JR. At Largt JOHN A BAUM, Blachwat~ Borough LINWOOD 0 BRANCH III Vlrglnza Beach Bm'ough WILLIAM W HARRISON JR Lynnhaven Borough HAROLD HEISCHOBER At LaTge BARBARA M HENLEY, Pungo B~ough LOUIS R ]ONES, Bays~de Borough REBA S McCLANAN Pnncess Anne Borough NANCY K PARKER, At Large LOUISA M STRA YHORN Kempstnlle Borough JAMES K SPORE, City Manager LESLIE L LILLEY C,ty Attorney RUTH HODGES SMITH, CMC / AAE, C~ty Clerk City of Virginia l: each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH VIRGINIA 23456-9005 (757} 427 4303 July 1, 1997 I. CITY MANAQER' S BRIEFING - Conference Room - 11:00 AM Ae STRATEGIC PLAN for CRIMINAL JUSTICE BOARD Robert Matthias, Assistant to the City Manager II. REVIEW OF AGENDA ITEMS I I I . CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 12: 0 0 NOON A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2=00 P~ A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Father James E. Parke Church of the Ascension C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS June 24, 1997 G. AGENDA FOR FORMAL SESSION He CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I · PRESENTATION i . DISTINGUISHED BUDGET PRESENTATION AWARD GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) To: Department of Management Services E. Dean Block, Director J . ORDINANCES i . Ordinance to APPROPRIATE $71,000 additional Grant funding from Housing Opportunities for People with Aids (HPOWA) to the Department of Housing and Neighborhood Preservation's FY 1997-1998 Operating Budget re housing assistance and supportive services for low-income persons living with HIV/AIDS; and, estimated revenue from HOPWA be increased accordingly. . Ordiance to authorize a temporary encroachment into an existing 40' City drainage and canal easement at Duke of York Quay, Lot 67, in Chelsea by BERNARD M. STANTON, JR. and CAROL P. STANTON re construction and maintenance of a wooden bulkhead and dock (LYNNHAVEN BOROUGH). · Ordinances to authorize License Refunds in the amount of $10,279.70. K· PUBLIC HEARING - PLANNING 2: 30 PM PLANNING BY CONSENT - To be demn~ined during the ~4genda Review Session. i · NO ACTION ITEM DEFERRED BY PLANNING COMMISSION - June 11, 1997 a, Application of PRIMECO PERSONAL COMMUNICATIONS, L.P., for a Conditional Use Permi~ for a monoDole communication tower on -- the West side of Sandbridge Road, Northeast of Colechester Road, containing 73.8 acres (PRINCESS ANNE BOROUGH). · Application of F. WAYNE MCLESKEY, JR., for a _Conditional Use Permit for additional boat slips on the East side of Southside Road, North of Hobart Avenue, (416 Southside Drive), containing 4.22 acres (LYNNHAVEN BOROUGH). Recommendat ion: APPROVAL · Application of BEACH FORD for a Conditional Use Permit for motor v~hi¢l~ sale~ and s~rvic~ at the Southeast corner of Virginia Beach Boulevard and Foundry Lane, (2717 Virginia Beach Boulevard), containing 11.69 acres (LYNNHAVEN BOROUGH)· Recommendat ion: APPROVAL 4. Application of WILLIAM MOFFAT for a Conditional Use Permit for a borrow pit (farm pond) 2850 feet more or less North of the intersection of London Bridge Road and Strawbridge Road, (2287 London Bridge Road), containing 5.472 acres (PRINCESS ANNE BOROUGH). Recommendat i on: DENIAL · Application of RICHARD S. PROFFITT for a Conditional Use Permit for a car wash in conjunction with an existing gasoline station at the Southwest corner of Independence Boulevard and North Witchduck Road, (773 Independence Boulevard), containing 21,823.56 square feet (BAYSIDE BOROUGH). Recommendation: APPROVAL · Application of JOSEPH OVERHOLT, TRUSTEE OVERHOLT TRUST, for a Conditional Change of Zoning District Classification from R-10 Residential District to Conditional B-2 Community Business District at the Southwest corner of Lynnhaven Parkway and Salem Road re commercial land use, containing 15 acres (KEMPSVILLE BOROUGH). Deferred: Recommendat i on: June 24, 1997 APPROVAL · Ordinance to AMEND Section 104 of the City Zoning Ordinance re penalties for continuing zoning violations. Recommendat ion: APPROVAL L. UNFINISHED BUSINESS M. NEW BUSINESS i · COUNCIL-SPONSORED ITEMS: a · Resolution to refer to the Planning Commission a proposed amendment to Section 401 of the City Zoning Ordinance re dwelling units in livestock barns in Agricultural Zoning Districts. (Requested by Council Lady Barbara Henley) N. ADJOURNMENT * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * 06/24/97BAP AGENDA\07-01-97.PLN www.virginia-beach.va.us CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 24 June 1997 B R C H C R P E A PAGE: 1 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N · = - I I ' I I i ' =' i i I I BRIEFINGS: A HAMPTON ROADS CROSSING Phil Shucet President Baker Environmental , , B TRANSAMERICA CORRIDOR Chris Lloyd Planning Group Manager C LIBRARY REFERENDUM OPTIONS Martha J Sims Director Public Ubraries D GENERAL OBLIGATION BOND SALE Patricla A 11 June 1997- Results Phillips Director Finance , , , U/Ill/ VICE MAYOR IV/V WILLIAM D SESSOMS JR PRESIDING E CERTIFICATION OF EXECUTIVE CERTIFIED 8-0 Y Y A Y Y Y Y A A Y Y SESSION ,, , , F MINUTES - 10 JUNE 1997 APPROVED 8-0 Y Y A Y Y Y Y A A Y Y G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S H/II1 PUBLIC HEARING: ARP (Blackwater/Pungo Boroughs) · Jill Ordinances to authorize acquisition of ADOPTED b -i A Y A y y y r~ A A Y Y ARP Easements/issuance of contract BY CONSENT B obligations: S T a John A/Wesley L/MarehaH P/Glenn Clark A Baum/Jean Baum Brown/Charlotte Baum I Ives 101.35 Ac No 1997-10 N $128,103.00 (Blackwater Borough) E D and b 465.67 Ac No 1997-11 $ 721,860.00 , c Robert R/Betty S Lusk 304.66 Ac No 1997-12 $587,626 (Pungo Bor) and d 47.98 Ac No 1997-13 $67,898 e Ernest Brown 92.28 Ac No 1997-14 $175,332 (Blackwater Borough) 2 Ordinance to APPROPRIATE $38,500 ADOPTED 8-0 Y Y A Y Y Y Y A A Y Y to Creeds Volunteer Rescue Squad re BY CONSENT replacement truck , , 3 Ordinance to ACCEPT/APPROPRIATE ADOPTED 8~ Y Y A Y Y Y Y A A Y Y a $17,860 Federal Grant to Social BY CONSENT Services re Building a Better Bayside Through Juvenile Delinquency Prevenllon CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H E 0 S H I M B T A S C E S R DATE: 24 June 1997 B R C H C R P E A PAGE: 2 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O O AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N .... i , 11, , i 4 Ordinance to TRANSFER Personnel/ ADOPTED 8-0 Y Y A Y Y Y Y A A Y Y Operating Budget Spending Authority (not BY CONSENT to exceed $805,980) from Schools Repro- graphics to City's FY 1997-1998 'City- Schools Pdnting Services Internal Service Fund"/transfer four FTE positions to City effective I July 1997 , , 5 Ord,nance re Cooperative Agreement ADOPTED 8-0 Y Y A Y Y Y Y A A Y Y between City Council/School Board re BY CONSENT legal services by City Attorney , 6 Ordinance to authorize public beach ADOPTED 8-0 Y Y A Y Y Y Y A A Y Y easements for Sandbridge Beach BY CONSENT Nounshment by agreement or condemnation 7 Ordinances to authorize temporary encroachments a portion of City's easement over London ADOPTED 8-0 Y Y A Y Y Y Y A A Y Y Bndge Creek (2580 Potters Road) by BY CONSENT Dominion Building Co re detention pond for stormwater management, including storm drainage pipe/underground infiltration trench b po~on of City's r-".,-w of Indian Plantation ADOPTED 8-0 Y' Y A Y Y Y Y A A Y Y Dr by Baymark Constr Corp re entrance BY CONSENT feature/bnck wall/columns c portion of City's r-ow of Kempsville Road DEFERRED 8-0 Y Y A Y Y Y Y A A Y Y by Community United Methodist Church INDEFINITELY re 2 church identification s~gns BY CONSENT , 8/a License Refunds. $31,271.91 APPROVED 8-0 Y Y A Y Y Y Y A A Y Y BY CONSENT b Tax Refunds: $72,539.22 , 9 Ordinances to AMEND the Code. ADOPTED 8-0 Y Y A Y Y Y Y A A Y ¥ BY CONSENT a Chapter 21 Sections re motor vehicles b Chapter 38 Section re concealed weapons , K/lla NO ACTION ITEM DEFERRED BY PLANNING WIDENER HOMES, LTD COZ from COMMISSION R-7 5 to Conditional A-12 (527 North 14 MAY 1997 Witchduck Rd (BAYSIDE BOROUGH) 2 Ordinance for closure in Petition of 7-0 Y Y A Y Y Y Y A A A SANCILIO/SIGNET BANK/VIRGINIA B under the will of Israel Steingold S (LYNNHAVEN BOROUGH): T A Phase 1 AUTHORIZED I BY CONSENT N a Wagner Street - 51 69 feet FINAL E APPROVAL D b Avenue E - 52 feet ,,, , Phase 2 ALLOWED 7..0 Y Y A Y Y Y Y A A A ADDITIONAL B a Wagner Street - 10,044 31 sq ft 180-DAY S DEFERRAL T b Avenue E - 162.67 sq ft TO 12/08/97 A BY CONSENT I c First Street - 349.78 ft N E D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS H I M B T A S C E S R DATE: 24 June 1997 B R C H C R P E A PAGE: 3 R R H E J L N A S Y B A I O N O A D R S H A N S B L N N O K O G AGENDA U C O E E E A R E M R ITEM # SUBJECT MOTION VOTE M H N R Y S N F R S N 3 C & C DEVELOPMENT closure of po~on AUTHORIZED 8-0 Y Y A Y Y Y Y A A Y Y of Pleasure House Road at Andrew BY CONSENT Jackson Lane 836 sq ft (BAYSIDE FINAL BOROUGH) APPROVAL Deferred for Compliance 02/26/97 4 Ordinance in Pebtion of BPP ALLOWED 8-0 Y Y A Y Y Y Y A A Y Y DEVELOPERS INC for closure of portion ADDITIONAL of Lynnhaven Ddve East of V~sta Ddve 180-DAY (LYNNHAVEN BOROUGH) DEFERRAL TO Deferred for Compliance: 06/11/96 12/08/97 BY Additional 180-Day Deferral. 12/17196 CONSENT , , , ,, 5 LIFENET/LIFENET TRANSPLANT APPROVED/ 8-0 Y Y A Y Y Y Y A A Y Y SERVICES for closure of portion of Baker CONDITIONED Road at Ward Court (BAYSIDE BY CONSENT BOROUGH) 6 STEVENS CLYMER Vanance to ALLOWED 8-0 Y Y A Y Y Y Y A A Y Y Section 4 4(b) of Subdivision Ordinance WITHDRAWAL all lots meet CZO on Winston-Salem Ave/ BY CONSENT Rudee Avenue re three non-conforming lots into two lots on 9000-sq ft parcel (VIRGINIA BEACH BOROUGH) , 7 JOSEPH OVERHOLT Conditional COZ DEFERRED 8-0 Y Y A Y Y Y Y A A Y Y from R-10 to Conditional B-2 at TO 07101197 Lynnhaven Parkway/Salem Road re BY CONSENT commercial land use (KEMPSVILLE BOROUGH) 8 McGINNIS REALTY/DEVELOPMENT CO DEFERRED 8-0 Y Y A Y Y Y Y A A Y Y Pnncess Anne Road/Elson Green Avenue INDEFINITELY (PRINCESS ANNE BOROUGH) BY CONSENT a COZ from AG-I/AG-2 to Conditional R-20 b CUP: open space promolion development option L APPOINTMENTS: SOCIAL SERVICES BOARD APPOINTED 8-0 Y Y A Y Y Y Y A A Y Armando P Placldes 4-Year Term 07101/97 to 06/30/2001 YOUTH SERVICES COORDINATING APPOINTED 8-0 Y Y A Y Y Y Y A A Y COUNCIL Barbara Bdnson Unexpired thru 02/28/2000 MIN/1 ABSTRACTS OF VOTES TO BE B Y C O N S E N Primary Election 10 June 1997 RECORDED a ATTORNEY GENERAL b COMMISSIONER OF REVENUE , O ADJOURNMENT: 6:33 PM MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 1, 1997 Mayor Meyera E. Oberndorf called to order the BRIEFINGS tn the Counctl Conference Room, City Hall Building, on Tuesday, July 1, 1997, at 11:00 A.M. Council Members Present: John A. Baum, Linwood O. Branch, HI, Harold Hetschober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker Council Members Absent: Vice Mayor William D. Sessoms, Jr. [ENTERED: 11:48 A.M.] William W. Harrison [FAMILY VA CA TION] Louisa M. Strayhorn [ENTERED: 11:58 A.M.] -2- CITY COUNCIL BRIEFINGS STRATEGIC PLAN FOR CRIMINAL JUSTICE BOARD 11:00 A.M. ITEM # 42324 Robert Matthias, ,4ssistant to the City Manager, advised when the General Assembly developed the Parole and Probation Reform, they rede. fined responsibilitie~ for certain prisoners and prepared a definition of local and state prisoners. The City was requtred by the State to begin a Strategic Planning Process, which was undertaken approximately t~o years ago. The Virginia Beach Criminal Justice Board officially began its strategic planning effort in July 1996, however, during the 12 months prior to developing the Plan, the Board had been briefed by the organizations involved in the Criminal Justice System. Mr. Matthias advised the Board Members comprising the VBCJB: Robert R Matthtas Chatrman Honorable J Dale Btmson General Dtstrtct Court Dwight Bolhng Ctttzen Bruce E Brtght Juvenile Court Servtces Frank Buck Commumty Servtces Board Honorable ~4 Joseph Canada Juventle and Domestic Relattons Mark T Delduca City Attorney's Office Dr Susan 0 Dye Dtrector of Pendleton ChtM Services J Davtd Ennts Pubhc Defender's Office J Wyhe French School ~4dmtntstratton Robert SHtll Magtstrate ' s Office Reeves E Johnson Ctttzen Deborah M Paxson, Esq Commonwealth's ~4ttorney Office Honorable J Davts Reed Juventle and Domesttc Relations Court Honorable ~41an E Rosenblatt Circuit Court Dantel M Stone Department of Soctal Servtces Chtef Charles R Wall Pohce Department Captain Steven M Wtke Shert. ff's Department Dr Dennts I Wool Department of Mental Health/Mental Retardation~Substance Jbuse July 1, 1997 -3- CITY COUNCIL BRIEFINGS STRATEGIC PLAN FOR CRIMINAL JUSTICE BOARD ITEM # 42324 (Continued) Mr. Matthias advised the Staff Support/Facilitator: Leon T. Hedberg (July 1996- PresenO Cathryn R. Whitesell (June 1995- June 1996) Lee Hedberg and Mark Delduca were in attendance during the Briefing. Code of Virginia Section $3.1-182 (Comprehensive Community Corrections Act for Local Responsible Offenders) and Section 19.2-152.3 (Pre-Trial Services Act) require the locality submit a Biennial Plan to the Department of Criminal Justice Services for review and approval. The Plan will be used by DCJS as a basis for providing combined PSA and CCCA grants to those localities. The strategic planning process used by the VBCJB involved the following steps: Determine the mission of the VBCJB Determtne the relattonship of the VBCJB to other groups and agencies having contact with the criminal justice system Identify the characteristtcs of the desired criminal justice system. Identify the Strategic Focuses Identify the key factors that influence the work of the VBCJB Identify key indicators of success or failure in achieving desired outcomes Develop strategic actions to achieve desired outcomes. The mission of the Virginia Beach Criminal Justice Board is to improve the City through the criminal justice system in terms of services, communication between agencies, and funding options. The three highest priority destred outcomes are as follows: I. Enhanced alternatives to incarceration program exist: Electronic monitoring Community service Weekend incarceration Day reporting centers Adult detention centers Restdential treatment centers 2. A true alternative high school is available for kids, grades 9- 12, who get into trouble but do not need to go to jail. 3. A combinatton of famtly responstbility, tougher punishment and preventive programs reduces juvenile crime. July 1, 1997 -4- CITY COUNCIL BRIEFINGS STRATEGIC PLAN FOR CRIMINAL JUSTICE BOARD ITEM # 42324 (Continued) Historically, the Board has been responsible for providing fiscal oversight for the grants offered under the Comprehensive Community Corrections Act; however, the legislatively mandated responsibilities of the local Criminal Justice Boards, as outhned in Section 53.1-185 of the Code of Virginia, are broad enough to allow the Board signtficant flexibility in determining what it may do beyond the parameters of the CCCA. A process involving a grant of approximately $290,000 was reviewed Mr. Matthias advised the groups and agencies having contact with the Criminal Justtce System' Adult Education, Adult Probation, Alternative Education Programs, Children of lncarcerated Parents, Circuit Court, Citizen Advisory Boards, City Attorney's Office, Commonwealth's Attorney's Office, Community Corrections, Comprehensive Services Act (CSA), Corrective Thinking, Crime Prevention Steering Committee, DARE, Detox Center, Electronic Home Monitoring, Families Matter Team, General District Court, Substance Abuse Treatment Program, Juvenile and Domestic Relations Court, Juvenile Intake, Juvenile Probation, Magistrate's Office, Mayor's Task Force on Crime, Mental Health Outpatient, Day and Sex-Offender Programs, Pendleton Child Service Center, Police Department, Pre-Trial, Public Defender's Office, Reverses, Safe Community Team, School Resource Officers, Sheriffs Department, SheriJ~s Workforce, Sheriffs Work Release, Social Services, Substance Abuse Outpatient, Day Support, and Residential Treatment, Tidewater Detention Home, Tidewater Regional Group Home Commission, and Victim }Fitness. July 1, 1997 -5- CITY COUNCIL CONCERNS 11:30 A.M. ITEM # 42325 Councilman Baum referenced the News Release advising Mayor Oberndorf was elected a Trustee of the U.S. Conference of Mayors. Mayor Oberndorf advised, as a Trustee, she can work more closely with the U.S. Conference of Mayors to build a partnership with the federal and state governments. It is imperative that locally elected officials have access to the Clinton Admtnistration and the Congress to talk about legislation and the implications to local government. The U.S. Conference of Mayors is a nonpartisan organization of Cities with populations of 30, 000 or more. Each City is represented in the Conference by its chief elected official, the Mayor. ITEM # 42326 Councilman Branch referenced an article concerning the State Legislature's action with the Virginia Department of Transportation regarding the placement of Communications Towers and the manner in which this affects Virginia Beach. The City Manager advised the staff is attempting to work through the regional planning agency to deal with thts action. /i regional ordtnance has been proposed to instttute aunt. form set of regulations throughout the region. However, the State and VDOT have authorized an agreement with AT & T for placement of the communications towers. ,4 committee has been meeting with VDOT and their approach has been appealed. There are one or two sites which might be in the City's jurisdictional area. The majority of the sites have interstate access The State will receive the revenue. ITEM # 42327 Counctlman Heischober referenced a call from a boater, approximately two weeks ago, concerning two near drownings at Lynnhaven Inlet. /i very strict sign ordinance was adopted by Ctty Councd a long time ago regarding the danger in this area. These signs are no longer present. There is just one sign saytng "D/INGER" The City Manager will investigate this matter as well as the replacement of sufficient signage in thts area. ITEM # 42328 Councilman Baum expressed concern relative E-Mail and Council Members' E-Mail address being spread "throughout the world". He preferred use of the fax as it ts now and his telephone answering machine. Council Lady Parker said it was a question of finding the right mtx. ~Ill members of City Council are learning. ITEM # 42329 Mayor Oberndorf brought a canvas bag of samples from the U.S. Conference of Mayors. The Mayor of San Francisco conducted three walks. The first walk was around the Embarcadero. t97ten the Mayors returned they had breakfast and went to the Farmer's Market, consisting of stripped tents, which is located in downtown San Francisco by the piers./i pamphlet was distributed, which explained their concept of urban farming./i sample of their urban jam, grown from fruits within the City, was distributed to the members present. There are many good tdeas whtch could be considered by Virginia Beach. While waltang through Golden Gate Park, Mayor Oberndorf realized this same idea could be utilized in this Ctty. Conventions visiting Virginia Beach could tour Back Bay National Wildlife Refuge, False Cape State Park and the Farmers Market. July 1, 1997 -6- AGENDA RE VIEW SESSION 11:40 P.M. ITEM # 42330 BY CONSENSUS, the following items shall compose the CONSENT AGENDA' ORDINANCES J1 Ordinance to APPROPRIATE $71,000 additional Grant funding from Housing Opportunities for People with Aids (HPOWA) to the Department of Housing and Neighborhood Preservation's FY 1997-1998 Operating Budget re housing assistance and supportive services for low-income persons living with HIV/AIDS; and, estimated revenue from HOPWA be increased accordingly. ,I. 2 Ordinance to authorize a temporary encroachment into an existing 40' City drainage and canal easement at Duke of York Quay, Lot 67, in Chelsea by BERNARD M. STANTON, JR. and CAROL P. STANTON re construction and maintenance of a wooden bulkhead and dock (LYNNHA VENBOROUGH). J. 3 Ordinances to authorize License Refunds in the amount of $10,279.70. July 1, 1997 -7- AGENDA RE VIEW SESSION ITEM # 42331 Councilman Branch advised of his conversation with Councilman Harrison, advising of his support for the application and deleting Condition 1. K. 2 F. WAYNE MCLESKEY, JR., for a Condttional Use Permit for additional boat slips on the East side of Southside Road, North of Hobart Avenue, (416 Southside Drive), contatmng 4. 22 acres (L YNNHA VEN BOROUGH) Council Lady Parker expressed concern relative certain statements within the evaluatton of the Planning Commission: "Subject to the conditions below, increasing the capacity of this marina from 16 to 22 would not greatly increase the tmpact to the surrounding neighborhood. ";and, "Because of this limitation, the applicant has agreed to restrict the types of boats mooring at this marina to those which will not generate excessive vehicular traffic." Karen Laslie, Planning Coordinator, advised by adding non-commercial 6 boat slips, these will not generate a lot of excess traffic. Condition No. 4 shall enforce the types of boats at the aforementioned manna. ,4 City Council Policy, adopted in 1973, states all structures must be "25- foot off the channel", however, there are exceptions. These are considered by the Coastal Engineer and the Coastal Zoning Administrator. The detailed plan for this application has not been submttted. Assistant City Attorney MacaH advised the removal of conditton means the applicant will not have to return for the full Conditional Use Permit process to place a mooring pole 25-feet within the boundary. This does not mean the applicant has the right to do so. He must go through the City's review process and the Army Corps of Engineers has jurisdiction. Council Lady Parker advised boats generate more space than one car per parking space. The City Manager advised Councdman Branch the dredging report relative Rudee Inlet would be presented to Ctty Council in August. Councilman Branch believed Harbor Point Road Extended needs to be accelerated ITEM # 42332 Mayor Oberndorf distributed correspondence from Thomas A. Barton relative his application for a Conditional Use Permit. K. 3 Application of BEACH FORD for a Conditional Use Permttfor motor vehicle sales and service at the Southeast corner of Virginia Beach Boulevard and Foundry Lane, (2717 Virginia Beach Boulevard), containing 11.69 acres (LYNNHAVEN BOROUGH). Councilman Branch advised Councilman Harrison expressed support of this aforementioned application and the inclusion of the paging system, deleting Condition 4. Council Lady Parker inquired if the landscaptng would be extended around to Mustang Trail. Karen Laslie advised "standard landscaping" would be required. Thomas .4. Barton, President - Beach Ford, stated the paging system will decrease the number of speakers. He wtll attempt to landscape as much as possible. July 1, 1997 -8- AGENDA RE VIEW SESSION ITEM # 42333 Councilman Heischober requested an additional condition restricting, a left turn from the station south onto Witchduck Road. The pumps have been reoriented and there is an inclination to come out on Witchduck Road and make a left turn, thus creating traffic problems K. 5 Application of RICHARDS. PROFFITTfor a Con&tional Use Permit for a car wash tn conjunction with an existing gasoline station at the Southwest corner of Independence Boulevard and North Witchduck Road, (773 Independence Boulevard), containing 21,823.56 square feet (BA YSIDE BOROUGH). ITEM # 42334 Council Lady Parker inquired whether this was the first major commercial area fronting on Salem Road. Mrs. Laslie advised staff was concerned and agreed this application sets the tone for Salem Road. The staff is now comfortable due to the amended proffers of the applicant. All the buildings are now coordinated as a result of architecture, styles and colors. The memorandum from Robert J. Scott, Director of Planning and the revised renderings were referenced. Mrs. Laslie advised Counctlman Jones the parcel not being developed at the present time will have to be brought to City Council details of development. K. 6 Application of JOSEPH OVERHOLT, TRUSTEE OVERHOLT TRUST, for a Con&tional Chanee of Zoning District Classification from R-lO Residential District to Condtttonal B-2 Communtty Business Distrtct at the Southwest corner of Lynnhaven Parkway and Salem Road re commerctal land use, contaimng 15 acres (KEMPSVILLE BOROUGH). This issue wtll be dtscussed dunng the Formal Session ITEM # 42335 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K2 Application ofF. WA YNE MCLESKEY, JR., for a Con&ttonal Use Permit for addttional boat slips on the East side of Southstde Road, North of Hobart Avenue, (416 Southside Drive), containing 4.22 acres (L YNNHA VEN BOROUGH). K3 Application of BEA CH FORD for a Conditional Use Permtt for motor vehicle sales and service at the Southeast corner of Virginia Beach Boulevard and Foundry Lane, (2717 Virginia Beach Boulevard), containing 11.69 acres (LYNNHAVEN BOROUGH). K7 Ordinance to AMEND Section 104 of the City Zoning Ordinance re penalties for continuing zoning violations If there is OPPOSITION, Beach Ford will not be on the Consent Agenda. -9- AGENDA RE VIEW SESSION ITEM # 42336 Council Lady Henley referenced her Resolution. The proposed amendment would allow one dwelling unit to be located within a livestock barn in the Agricultural Districts. This wouM be in addition to any principal dwelling unit on the site. NE W BUSINESS Ia Resolution to refer to the Planmng Commission a proposed amendment to Section 401 of the Ctty Zoning Ordinance re dwelling units in livestock barns tn Agrtcultural Zoning Dtstncts. (Requested by Councd Lady Barbara Henley) July 1, 1997 - I0- ITEM # 42337 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Buildmg, on Tuesday, July 1, 1997, at 12:00 NOON. Council Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K Parker, Vice Mayor William D Sessoms, Jr and Louisa M. Strayhorn Council Members Absent: William W. Harrison, Jr. July 1, 1997 -11- ITEM # 42338 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appotntment, promotion, performance, demotion, salaries, disciplining, or resignation of spectfic public officers, appotntees, or employees pursuant to Section 2.1-344 (A) (1). Appointments - Boards and Commissions: Arts and Humanities Commission Performance Evaluation: City Councd Appointees P UBLICL Y-HELD PROPER IT: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of pubhcly-held property, or of plans for the future of an institution whtch couM affect the value of property owned or destrable for ownershtp by such instttutton pursuant to Section 2.1-344(A)(3). A cquisition/Disposition/ Use of Public Property 31st Street Southeastern Parkway and Greenbelt LEGAL MATTERS: Consultation with legal counsel or brtefings by staff members, consultants, or attorneys pertaining to actual or probable Htigation, or other spectfic legal matters requesting the provision of legal advice by counsel pursuant to Sectton 2.1- 344(A)(7). M & G Associates v. City of Virginia Beach Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Council voted to proceed tnto EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. July 1, 1997 - 12- FORMAL SESSION VIRGINIA BEA CH CITY COUNCIL July 1, 1997 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 1, 1997, at 2:00 P.M. Councd Members Present: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba $. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr. and Louisa M. $trayhorn Counctl Members Absent: William W. Harrtson, Jr. INVOCATION: Father James E. Parke Church of the Ascension PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Ftdelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's tnterest in any application that may come before City Council. Vice Mayor $essoms' letter of January 1, 1997, is hereby made a part of the record. July 1, 1997 - 13- Item V-E. CER TIFICA TION OF EXECUTIVE SESSION ITEM # 42339 Upon motion by Councilman Heischober, seconded by Council Lady Parker, C2ty Councd CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE MTH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed tn Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or constdered by Virginia Beach City Councd. Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, IIL Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William IV. Harrtson, Jr., Vice Mayor William D. Sessoms, Jr., Louisa M. Strayhorn CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42338 Page No. 11 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. P~h Hodge(Smiih, CMC/AAE City Clerk July 1, 1997 - 14- Item VoF. 1. MINUTES ITEM # 42340 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 24, 1997. Voting: 6-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louts R. Jones, Reba S. McClanan Council Members Voting Nay: None Council Members Abstatning: Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: William }K. Harrison, Jr., Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Mayor Oberndorf and Council Lady Parker ABSTAINED as they were not in attendance during the City Council Session of June 24, 1997. July 1, 1997 - 15- Item V-G. 1. ADOPT AGENDA FOR FORMAL SESSION ITEM # 42341 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION - 16- Item V-I. 1. PRESENTATION Mayor Oberndorf PRESENTED: ITEM # 42342 DISTINGUISHED BUDGET PRESENTATION A WARD GO VERNMENT FIN,4NCE OFFICERS ASSOCI,4 TION (GFOA) E. Dean Block, Director- Department of Management Services, ,4CCEPTED the Presentation. This award is the highest form of recognition in governmental budgeting and represents a significant achievement by the City. The award represents a significant achievement by the entity It reflects the commitment of the governing body and staff to meeting the highest principles of governmental budgeting. In order to receive the budget award, the entity had to satisfy nationally recognized guidelines for effective budget presentation. These guidelines are designed to assess how well an entity's budget serves as: policy document financial plan ,4n operations guide communications device July 1, 1997 -17- Item V-L2. RECOGNITION ITEM # 42343 Mayor Oberndorf and Vice Mayor Sessoms displayed the Mayor's gtft, a San Francisco Trolley Bell. This gift was presented to the Mayor at the U.S. Conference of Mayor's by Mayor Willie Brown. July 1, 1997 - 18- Item V~. ORDINANCES ITEM # 42344 Upon motion by Counctlman Jones, seconded by Councdman Branch, City Council APPROVED BY CONSENT in ONE MOTION Ordinances 1, 2 and 3. Voting: 8-0 Council Members Voting Aye. John A. Baum, Linwood 0 Branch, III, Harold Heischober, Barbara M Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Vottng Nay: None Councd Members .4bsent: William W. Harrison, Jr., Vice Mayor Wtlliam D. Sessoms, Jr. and Louisa M. Strayhorn - 19- Item V-J. 1. ORDINANCES ITEM # 42345 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $ 71,000 additional Grant funding from Housing Opportunities for People with Aids (HPO WA) to the Department of Housing and Neighborhood Preservation's FY 1997-1998 Operating Budget re housing assistance and supportive services for low-income persons living with HIV/AIDS; and, estimated revenue from HOPWA be increased accordingly. Voting: 8-0 (By Consent) Council Members Voting Aye: John A Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Willtam W.. Harrison, Jr., Vtce Mayor William D. Sessoms, Jr and Louisa M. Strayhorn July 1, 1997 AN ORDINANCE TO APPROPRIATE $71,000 IN ADDITIONAL ESTIMATED REVENUE FROM HOUSING OPPORTUNITIES FOR PEOPLE WITH AIDS - FEDERAL GRANT TO FY 1997-98 DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION OPERATING BUDGET WHEREAS, the Virginia Beach Department of Housing and Neighborhood Preservation 6 receives Federal grant funding through the Housing Opportumt~es for People With AIDS (HOPWA) 7 program administered through the United States Department of Housing and Urban Development 8 WHEREAS, the Federal grant provides funding to localities for assistance and supportive 10 services for low - income persons living with HIV/AIDS in eligible areas, 11 WHEREAS, the City of Virginia Beach receives funding for the region which includes 12 Gloucester County, Isle of Wight, James City, Matthews, York, Chesapeake, Hampton, Newport 13 News, Norfolk, Poquoson, Portsmouth, Suffolk, Williamsburg, and Cumtuck, 14 WHEREAS, the FY 1997-98 Operating Budget includes an estimated amount of $485,000 15 in revenue and associated appropriations through HOPWA based on preliminary allocations from 16 HUD, 17 WHEREAS, the final allocation for HOPWA grant funding ~s $556,0000, a $71,000 increase 18 over estimated revenue, and 19 WHEREAS, the Department of Housing and Neighborhood Preservation requests that the 20 additional $71,000 in HOPWA grant funding be appropriated to the FY 1997-98 Operating Budget 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA 23 That the ad&t~onal $71,000 be appropriated to the Department of Housing and 24 Neighborhood Preservation FY 1997-98 Operating Budget 25 BE IT FURTHER ORDAINED 26 That estimated revenue from HOPWA grant funding be increased by $71,000 This ordinance shall be effective July 1, 1997 Approved as to Content Walter C Kraeme~-J~ Department of Management Services APPROVED AS TO F, I u~rs~entryXhotmu~lXordmanc~ ~d - 20- Item V-J. 2. ORDINANCES ITEM # 42346 Upon motion by Councilman Jones, seconded by Councilman Branch, City Counctl ADOPTED: Ordinance to authorize a temporary encroachment into an existing 40' City drainage and canal easement at Duke of York Quay, Lot 67, in Chelsea by BERNARD M. STANTON, JR. and CAROL P. STANTON re construction and maintenance of a wooden bulkhead and dock (L YNNHA YEN B OR O UGH) The following conditions shah be required: o That said temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location. . This temporary encroachment shall terminate upon notice by the City of Virginia Beach to the party of the second part and that within thirty (30) days after such notice is given, such temporary encroachments shall be removed from the City's 40- foot drainage and canal easement at Duke of York Quay, Lot 67, Chelsea, Virginia Beach, Virgtnia, by the party of the second part, and that the party of the second part shall bear aH costs and expenses of such removal. o The party of the second part shall indemnify and hold harmless the City of Virginia Beach, tts agents and employees from and against aH claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment . Nothing in the agreement shah be construed to enlarge such permission and authority to permit the matntenance or construction of any encroachment other than that specified and to the limited extent specified, nor to permit the matntenance and construction of any encroachment by anyone other than the party of the second part. 5. The party of the second part agrees to matntain said encroachment so as not to become unsightly or a hazard. The party of the second part must obtain a permit from either the Development Servtces Center or Waterfront Operations, prior to commencing any construction with the City's forty-foot drainage and canal easement. July 1, 1997 - 21 - Item V-J. 2. ORDINANCES ITEM # 42346 (Continued) The City of Virginia Beach, upon revocation of authority and permission granted, may remove any such encroachment and charge the cost thereof to the party of the second part and collect the cost in any manner provided by law for the collection of local or state taxes; or request the party of the second part to remove such encroachment and if such removal shall not be made within the time ordered, the City shall impose a penalty in the sum of One Hundred Dollars ($100) per day for each and every day that such encroachment ts allowed to continue. Voting: 8-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood 0 Branch, III, Harold Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: Wdliam W. Harrison, Jr., Vice Mayor Wdham D. Sessoms, Jr. and Louisa M. Strayhorn July 1, 1997 2 3 4 5 6 7 8 9 10 il Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO AN EXISTING 40' CITY DRAINAGE AND CANAL EASEMENT AT DUKE OF YORK QUAY, LOT 67, IN CHELSEA BY BERNARD M. STANTON, JR. AND CAROL P. STANTON, HUSBAND AND WIFE, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE 12 WHEREAS, BERNARD M. STANTON, JR. and CAROL P. STANTON, 13 husband and wife, desire to construct and maintain a wooden 14 bulkhead and dock into an existing 40' City drainage and canal 15 easement located at Duke of York Quay, Lot 67, ~n Chelsea. 16 17 WHEREAS, City Council is authorized pursuant to §~ 15.1- 316 and 15.1-893, Code of Virginia, 1950, as amended, to authorize 18 a temporary encroachment upon the C~ty's r~ght-of-way subject to 19 such terms and conditions as Council may prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA' 22 That pursuant to the authority and to the extent thereof 23 24 contained in §§ 15.1-316 and 15.1-893, Code of Virginia, 1950, as amended Bernard M. Stanton, Jr. and Carol P. Stanton their heirs, 25 assigns and successors in t~tle are authorized to construct and 26 27 28 maintain a temporary encroachment for a wooden bulkhead and dock in an existing 40' City drainage and canal easment as shown on the map entitled' "PROPOSED PRIVATE BULKHEAD & DOCK IN MANMADE CANAL LOT 29 67, CHELSEA VIRGINIA BEACH, VIRGINIA APPLICANT- B. M. ST~kNTON, JR. 30 31 32 33 34 35 SHEET 1 OF 7 DATE' MARCH 19, 1997 SCALE- 1"=40' " , a copy of which · s on f~le ~n the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachment · s expressly subject to those terms, conditions and criteria contained in the Agreement between the City of V~rg~n~a Beach and 36 Bernard M. Stanton, Jr. and Carol P. Stanton, (the "Agreement") 37 which is attached hereto and incorporated by reference; and 38 BE IT FURTHER ORDAINED that the City Manager or his 39 4O authorized designee ~s hereby authorized to execute the Agreement. BE IT FURTHER ORDAINED, that this Ordinance shall not be 41 in effect until such t~me as Bernard M. Stanton, Jr. and Carol P. 42 43 Stanton, husband and wife, and the City Manager or his authorized designee execute the Agreement. 44 Adopted by the Council of the City of V~rg~n~a Beach, 45 Virginia, on the lS¥ day of Jury , 1997. 46 CA-#g&~J 47 pwaldokKennedyk stanton. ORD 48 R-1 49 PREPARED: 6/10/97 .~D AS TO CONTENTS SIGNATURE_ DE PARTMENT ' APPROVED AS TO LEGAL SUFFICIENCY AND FORM PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTIONS 58.1-811 (a)(3) AND 58.1-811 (c)(4) REIMBURSEMENT AUTHORIZED UNDER SECTION 25-249 THIS AGREEMENT, made this ~ ?~ day of ~~ , 19 97 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, party of the first part, and BERNARD M. STANTON, JR. and CAROL P. STANTON, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part (even though more than one). WITNESS ETH: That, WHEREAS, it is proposed by the party of the second part to construct and maintain a wooden bulkhead and dock in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such wooden bulkhead and dock, it is necessary that the said party of the second part encroach into a portion of an existing City 40' drainage and canal easement; and said party of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such wooden bulkhead and dock within a portion of the City's 40' drainage and canal easement. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the party of the second part and for the further consideration of One Dollar ($1.00), in hand paid, to the said party of the first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the party of the second part a temporary GPIN 1499-85-6519 encroachment to use a portion of the City's 40' drainage and canal easement for the purpose of constructing and maintaining such wooden bulkhead and dock. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public Works Department's specifications and approval as to size, alignment and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City's 40' drainage and canal easement described as: "PROPOSED WOODEN BULKHEAD" and "PROPOSED DOCK 6' x 24'" as shown on that certain plat entitled: "PROPOSED PRIVATE BULKHEAD & DOCK IN MANMADE CANAL, LOT 67, CHELSEA, VIRGINIA BEACH, VIRGINIA, APPLICANT: B.M. STANTON, JR.," Sheet 1 of 7, Revised: April 15, 1997, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from the City's 40' drainage and canal easement by the party of the second part; and that the party of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the party of the second part shall indemnify and hold harmless the 2 City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the party of the second part. It is further expressly understood and agreed that the party of the second part agrees to maintain said encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the party of the second part must obtain a permit from either the Development Services Center or Waterfront Operations, whichever is applicable, prior to commencing any construction within the City's 40' drainage and canal easement. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost thereof to the party of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the party of the second part to remove such temporary encroachment; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such encroachment is allowed to continue thereafter, and shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, BERNARD M. STANTON, JR. and CAROL P. STANTON, husband and wife, the said party of the second part, has caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (SEAL) ATTEST: CITY OF VIRGINIA BEACH City Manager/Authorized Designee of the City Manager City Clerk APPROVED AS TO LEGAL SUFFICIENCY Bernard M. Stanton, Jr. Carol P. Stanton STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. My Commission Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of ~ , 19 ~7 , by Bernard M. Stanton, Jr. and Carol P. Stanton, husband and wife. My Commission Expires: ?/3 Notary Public SITE LOCATION MAP oooo SCALE: 1" = 2640' - / / / / / / / / / / ! / ~©0,' , © I SE ITE eeI' LOCATION MAP SHOWING r PROPOSED ENCROACHMENT INTO ~ ..~ 40' CITY DRAINAGE & CANAL EASEMENT· ~. ~ AT DUKE OF YORK QUAY, LOT 67 .,:...'~... ~ CHELSEA FOR B.M. STANTON, JR. , ~.,~~ ~ / / / / ~/,;:.-.::,-, .., ~ / ~-~ ----, L -a.o ..,,P"'a CN?'// d- PREPARED BY P/W ENG. DRAFT. 27-MAY-1997 ® 1499-85-1567 NOW OR FORMERLY MICHAEL P & ELSY E MARAIA 12' RETURI~ gALL 35 TOP OE' 177 90 · . " MATCH LIN£ - SEE SHEET 1499-85-5823 NOW OR FORMERLY ELIZABETtl MH & JA 5 5TALNAKER TOP OF WALL RE 1 URN WALL 1499-85-5426 NOW OR FORMERL JAMES F & PARTRICIA GRISW{; ADJACENT PROPERTY OWNERS· G~) GRISWOLD Q KROP Q 5TALNAKER {~ MARAIA PROPOSED DWELLING A-35 48' R-50 O' DUKE OF YORK QUA Y (50') PLAN VIEW WOOD BULKHEAD & DOCK SCALE: 1'-40' ALL MATERIALS AND WORK TO BE PROVIDED BY BARGE NO STAGING OR OTHER LAND DIS I URBANCE ON-SITE SILT FENCE WILL BE INSTALLED AND MAINTAINED AT THF TOP OF THE NEW BULKHEAD PRIOR TO ANY BACKFILLING AND UNTIl PFRENNIAI_ VEGETATIVE COVER I$ ES HA VERSHAM CI. OSE (50) REVISED: APRIL 15. 1997 PROPOSED PRIVATE BULKHEAD & DOCK IN MANIvlADE CANAL LOT 67. CHELSEA VIRGINIA BEACH. VIRGINIA APPLICANT B.M. STANTON. JR SHEET I OF 7 DATE MARCH 19. 1997 - 22 - Item V-J.3. ORDINANCES ITEM # 42347 Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing license refunds tn the amount of $10,279. 70, upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 8-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr., Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn July 1, 1997 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Adcock, Wayne H 4521 Lookout Road Va Beach VA 23455 Bartlett, Robert E 4614 Fern Oak Court Va Beach VA 23452 Brumsey, Walter E 2016 Square Dance court Va Beach VA 23456 Busby, Pamela K 1212 Jurgen Court Va Beach VA 23456 1995-96 Audit 1995-96 Aud,t 24 00 24 00 20 66 20 66 1995 Audit 12 82 12 82 1995-96 Audit Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $99.48 of the C~ty of V~rg~n~a Beach on the [ST 42 00 42 00 Cerhhed as to Payment Commissioner of the Revenue Approved as to form Les~e ~' Ldley - -~---~'-----~ C~ty Attorney were approved by the Council day of JULY ,19 c.)7 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: ! , Ucense Date Base Penalty Int. NAME Year Paid Chauncey, Sharon C. 1219 Foursome Lane Virginia Beach, VA 23455 Coastal Cars, Inc. Route 1 Box 801 Roseland, VA 22967 Cote, Kimallison 2624 C Bordelon Loop KMCB Kallua, HI 96734 CSIS Venture, Inc. P.O. Box 28512 2300 PHI Columbus, OH 43228 1995 Audit 33.68 1995 Audit 451.76 1995-96 Audit 33.31 1995-96 Audit 1,047.58 Total 33.68 451.76 33.31 1,047.58 Th~s ordinance shall be effective from date of aclopt~on. The above abatement(s) totahng si. 566.3;] of the City of VirginIa Beach on the l ST day of Certihed as to Payment: Approved as to form: L~'~ie' L. Lilley- City Attorney were approved by the Council JULY ,19 97 Ruth Hodges Smith C~ty Clerk I AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Dash~el, WHharn E 1529 Brendel Court Va Beach VA 23464 Dectron, Inc 2697 International Pkwy 1 S201 Va Beach VA 23452-7805 Dettloff, Parn J 733 H~lda Pine Dr~ve Chesapeake VA 23322 D~scount Eyeglass Center, Inc 12 Green Acres Road Valley Stream NY 11581 1996 Audit 1994-95 Aud ~t 24 45 24 00 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $150.31 of the C~ty of V~rg~ma Beach on the ZST 1995 Audit 19 88 24 45 1995 Audit 81 98 24 00 19 88 81 98 Certified as to Payment ~-...Ro'~ert P Vaugh~n Commissioner of the Revenue Approved as to form City Attorney were approved by the Council day of JULY ,19 97 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for hcense refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Dominion Investment Group, PLLC 276 Overholt Dnve Va Beach VA 23462 E V Wdhams Co, Inc P O Box 938 Norfolk VA 23501 Edwards Peggy D & Kenneth B 4498 Paddock Lane Va Beach VA 23464 Estes John M 4496 Oceanv~ew Ave [] Va []each VA 23455 1995-96 Audit 1995-96 Audit 1995-96 Audit 34 80 Th~s ordinance shall be effective from date of adoption The above abatement(s) totaling $5,952.71 of the C~ty of V~rg~n~a Beach on the 5,289 43 54 14 34 80 1995 AudIt 574 34 5,289 43 1ST 54 14 574 34 Cerbhed as to Payment Commissioner of the Revenue Approved as to form C~ty Attorney were approved by the Council day of JULY ,19 5)7 Ruth Hodges Smith C~ty Clerk FORM NO CA ~REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAM E LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL Gagmers' Taekwondo, Inc 3270 Suntree Blvd s2 Melborne FL 32940 1995-97 Aud ~t Gresham Budding Systems, Inc P O Box 1077 Norfolk VA 23501 193 56 JP&SNInc 2320 Stable Road Va Beach VA 23456-6016 1997 Audit 455 04 1995-97 Audit Audit Lynnhaven Yacht Manna Sales & Serv Inc 5295 Greenwich Road 1996 Va Beach VA 23462 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totaling $1,043 99 of the C~ty of V~rg~n~a Beach on the ].ST 193 56 455 04 211 37 211 37 184 O2 184 02 Cerhfled as to Payment ~;.~l~obert P Vaughan Commissioner of the Re-'V~nue Approved as to form s~e(-L L,iI~ CIty Attorney ----'----- were approved by the Council day of JULY ,19 97 Ruth Hodges Smith C~ty Clerk FOI~M NO CA ~REV ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved NAME LICENSE DATE BASE YEAR PAID PENALTY INTEREST TOTAL M~chael S Morgan, DDS PC 3145 Va Beach Blvd 104 Va Beach VA 23452 Neale, Ronald S 939 Lena Street Norfolk VA 23518 Norfolk Auto Co~n Laundry Inc 1419 Polndexter Street Chesapeake VA 23324 R J A Construction Co 1132 Md~ssa Court Va Beach VA 23464 1996 Audit 212 46 1994-95 Audit 1995-96 Audit 1996-97 Aud ~t Th~s ordinance shall be effective from date of adoption The above abatement(s) totahng $551.09 of the C~ty of V~rg~n~a Beach on the 212 46 24 59 24 59 246 75 246 75 67 29 67 29 Certrhed as to Payment ~-~Robert P Vaughan Commissioner of theG;~venue Approved as to form ~s-~;e L L,II~ ~ City Attorney were approved by the Council day of Ruth Hodges Smith C~y Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPUCATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: i NAME Ucense Date Base Penalty Year P~d Smith, Eli3ah C. 1632 Castlefield Road Va. Beach, VA 23456 1997 06-02-97 10.00 Tidewater Industrial Service, Inc. 1341 Lakeside Road Va. Beach, VA 23455 1995-96 Wright, W R & W N P.O. Box 1153 Va. Beach, VA 23451 Audit 134.63 1996 Audit 771.16 Int. Total 10.00 134.63 771.16 Th~s ordinance shall be effective from date of aclopt~on The above abatement(s) totahng $915.79 of the City of V~rglma Beach on the 1ST day of Cerbfied as to Payment Approved as to form: ~E~ L. Lilley - / City Attorney // were approved by the Councd JLLY ,19 97 Ruth Hodges Smith C~ty Clerk - 23 - Item V-K. PUBLIC HEARING ITEM # 42348 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. NO ACTION ITEM a. PRIMECO PERSONAL COMMUNICATIONS, L.P. CONDITIONAL USE PERMIT 2. F. WA YNE MCLESKEY, JR. CONDITIONAL USE PERMIT 3. BEACH FORD CONDITIONAL USE PERMIT 4. WILLIAM MOFFA T CONDITIONAL USE PERMIT 5. RICHARD S. PROFFITT CONDITIONAL USE PERMIT 6. JOSEPH OVERHOL T, TRUSTEE OVERItOL T TRUST CONDITIONAL USE PERMIT 7. CITY ZONING ORDINANCE AMEND Section 104 re penalties for continuing zoning violations. July 1, 1997 - 24 - Item V-K. PUBLIC HEARING ITEM # 42349 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED in one motion Items 2, 3 and 7 of the PLANNING BY CONSENT. Item V-K. 2. was APPROVED, with Condition 1 deleted. Item V-K. 3. was APPROVED, including the paging system, and deleting Condition 4. Voting: 9-0 Council Members Voting ,,lye: John ,4. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor Wilham D. Sessoms, Jr. and Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Louisa M. Strayhorn July 1, 1997 - 25 - Item V-K.I.a. PUBLIC HEARING ITEM # 42350 PLANNING City Council TOOK NO ACTION: Application of WIDENER HOMES, LTD. for a Change of Zomng District Classification from R-7.5 &ngle Fami!¥ District to Conditional ,4-12 Apartment Distrtct (527 North Witchduck Road, containing 2.2 acres (BA YSIDE BOROUGH). This item was deferred by the Planning Commission on June 11, 1997. July 1, 1997 - 26- Item V-K.2. PUBLIC HEARING ITEM # 42351 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Counctl ADOPTED an Ordinance upon application ofF. WAYNE McLESKEY, JR. for a Conditional Use Permit. ORDINANCE UPON APPLICATION OF F. WA YNE McLESKEY, JR. FOR A CONDITIONAL USE PERMIT FOR ADDITIONAL BOAT SLIPS R07972121 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of F. Wayne McLeskey, Jr., for a Conditional Use Permit for additional boat shps on the east stde of Southside Road, north of Hobart Avenue. Said parcel is located at 416 Southside Drtve and contains 4 22 acres. LYNNHA VEN BOROUGH. The following conditions shall be required: 1. DELETED 2. No moored vessels shall be located tnside of the channel boundary. If and when channel maintenance dredgtng is needed within the vicimty of this area, all moored vessels must be removed completely from the area. No commercial or charter boats shall be moored tn the area destgnated on the submitted site plan as "additional boat mooring area for up to six boats" unless and until the access road from General Booth Boulevard is constructed from the tntersection of Harbor Point Drtve and on-stte tmprovements are made which bring the facihty into compliance with then extsting City ordinances. No boat lifts or launching ramps shall be permitted on thts stte unless the parla'ng area is redestgned to conform with Sec 236(b) of the Zoning Ordinance, which requires one space per boat shp to have a minimum dimenston of 12 feet by 40 feet. . The existing chain link fence must be removed if and when on- site improvements are made to thts site If the applicant chooses to replace the fence, the hetght and location of the fence and required landscaping shall be in accordance wtth Sec 201(e) of the Zoning Ordtnance. (Note On-site improvements shall not be interpreted to include constructton related to the boat slips, such as mooring pilings.) No more than six boats shall be moored in the area labeled "Additional Boat Mooring Area for Up to Six Boats" on the submitted stte plan ("Plat Showing Additional Boat Mooring Area on Property of F Wayne McLeskey, Jr, Revtsed 5719/97"), and all boats moored in this area shall be moored parallel to the shorehne. July 1, 1997 - 27- Item V-K.2. PUBLIC HEARING ITEM # 42351 (Continued) PLANNING This Ordinance shall be effecttve in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginta, on the First of July Nineteen Hundred and Nine~-Seven. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E Oberndorf, Nancy K. Parker and Vice Mayor Wdliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent. Wtlliam W. Harrison, Jr. and Loutsa M. Strayhorn July 1, 1997 - 28 - Item V-K.$. PUBLIC HEARING ITEM # 42352 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED an Ordinance upon application of BEACH FORD for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BEACH FORD FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES AND SERVICE R07972122 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Beach Ford for a Conditional Use Permit for motor vehicle sales and service at the southeast corner of Virignta Beach Boulevard and Foundry Lane. Said parcel is located at 2717 Virginia Beach Boulevard and contains 11.69 acres. L YNNHAVEN BOROUGH. The following condittons shall be required: . The site shall be developed in accordance with the site plan dated April 22, 1997, and the architectural renderings dated March 25, 1997, with the exception of the landscaping shown. Landscaping for the project must meet all of the requirements of the Site Plan Ordinance f or foundation landscaping, street frontage landscaping and interior parla'ng lot and display area landscaping. Tree caliper must also meet the minimum standards of the ordinance. ~ All auto repair work must be conducted inside the building, and no outside storage of parts or equipment ts permitted. 3. Hours of operation shall be between 7:00 AM and 9:00 PM. 4. DELETED Doors will be closed at all times except when cars are entering or exiting. 6. A Paging System shall be allowed. This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Vtrgtnia, on the First of July Nineteen Hundred and Ninety-Seven. July 1, 1997 - 29 - Item V-K.3. PUBLIC HEARING ITEM # 42352 (Continued) PLANNING Voting: 9-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndo~ Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Louisa M. Strayhorn July 1, 1997 - 30- Item V-K. 4. PUBLIC HEARING ITEM # 42353 PLANNING Upon motion by Council Lady McClanan, seconded by Vice Mayor Sessoms, City Councd DENIED an Ordinance upon application of WILLIAMMOFFATfor a Conditional Use Permit ORDINANCE UPON APPLICATION OF WILLIAM MOFFAT FOR A CONDITIONAL USE PERMIT FOR A BORROW PIT (FARM POND) Ordinance upon application of William Moffat for a Conditional Use Permit for a borrowpit (farm pond) on certain property located 2850feet more or less north of the intersection of London Bridge Road and Strawbridge Road. Said parcel is located at 2287 London Bridge Road and contains 5.472 acres. PRINCESS ANNE BOROUGH Voting: 9-0 Council Members Voting Aye: John A. Baum, Ltnwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent William W. Harrison, Jr. and Louisa M. Strayhorn July 1, 1997 -31 - Item V-K. 5. PUBLIC HEARING ITEM # 42354 PLANNING Attorney R. Edward Bourdon, Pembroke One, Phone: 499-8971 represented the applicant Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED an Ordinance upon application of RICHARD S. PROFFITT for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD S. PROFFITT FOR A CONDITIONAL USE PERMIT FOR A CAR WASH IN CONdUNCTION WITH AN EXISTING GASOLINE STATION R07972123 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon applicatton of Richard S. Proffitt for a Conditional Use Permit for a car wash in conjunction with an existing gasoline statton at the southwest corner of Independence Boulevard and North Witchduck Road. Satd parcel is located at 773 Independence Boulevard and contains 21,823.56 square feet. BAYSIDE BOROUGH. The followtng conditions shall be required: Development of the site shall conform to the site plan entitled "Proposed Car Wash Addttional for Independence Citgo, "' except that: The width of the Independence Boulevard Entrance shall be reduced to comply wtth Public Works Standards and Spectfications. b. Two additional off-street parking spaces shall be provided, unless a BZA variance is obtained. C. Street frontage landscaping shall be improved to meet current code requirements applicable to parla'ng lots of ten or more spaces; the proposed car wash structure shall conform with foundation planting requirements. Pavement shall be ehminated in the area between the car wash and associated drtve aisles, and the southern property line. The area shall be planted with, at a minimum, grass or other vegetative ground cover. e. The stte shall be brought into conformance with any applicable BMP requirement (s). f. No left turn from station shall be allowed south onto Witchduck Road. The nonconforming sign shall be removed by the applicant, and any replacement sign shall conform with all current code requirements. However, removal of the nonconforming sign may be deferred until commencement of the Independence Boulevard Improvement project adjacent to the site. July 1, 1997 - 32 - Item V-K.5. PUBLIC HEARING ITEM # 42354 (Continued) PLANNING . With the exception of the removal of the nonconforming sign, site improvements required by these conchtions of approval, where they fall within areas to be impacted by right-of-way acquisition or temporary construction easements, may be deferred until completion of the Independence Boulevard Improvement project, provided that such site improvements are bonded to ensure installation upon completion of the project, or upon its removal from the Capital Improvement Program. This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the First of JulY Nineteen Hundred and Nine~-Seven. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor William D Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. and Louisa M. Strayhorn July 1, 1997 Item V-K. 6. - 33 - PUBLIC HEARING ITEM # 42355 PLANNING Attorney John Rtchardson, represented the apphcant Bob Miller, 5033 Rouse Drtve, Phone: 490-9264, represented the apphcant The followtng regtstered tn OPPOSITION Rodney A Voelker, 1640 Grey Friars Chase, Phone' 471-1123, and presented pettttons in OPPOSITION, which are hereby made a part of the record Angelica George, 1708 Grey Friars Chase, Phone 471-4832 Upon motton by Council Lady Strayhorn, seconded by Vtce Mayor Sessoms, City Counctl ADOPTED an Ordinance upon apphcation of JOSEPH 0 VERtlOL T, TRUSTEE O VERtlOL T TR UST for a Conchtional Change of Zoning Dtstrtct Classtficatton: ORDINANCE UPONAPPLICA TION OF JOSEPH 0 VERHOL T, TRUSTEE 0 VERHOLT TRUST FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-10 to B-2 Z06971079 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon apphcatton of Joseph Overholt, Trustee Overholt Trust, for a Conchttonal Change of Zontng District Classificatton from R-10 Residential Dtstrict to Conchtional B-2 Commumty Business Dtstrtct on certatn property located at the southwest corner of Lynnhaven Parkway and Salem Road. The proposed zoning classification change to B-2 ts for commerctal land use The Comprehenstve Plan recommends use oft his parcel for suburban mechum denstty restdenttal use at denstttes that are compatible with stngle famtly use tn accordance wtth other Plan policies. Said parcel contatns 15 acres KEMSPVILLE BOROUGH The followtng con&tion shall be requtred: Agreement encompassing proffers shall be recorded with the Clerk of the Ctrcutt Court and ts hereby made a part of the record This Ordinance shall be effecttve tn accordance wtth Sectton 107 (D of the Zoning Or&nance Adopted by the Counctl of the City of Virgtma Beach, Vtrgtma, on the First of July Ntneteen Hundred and Nine~-Seven. July 1, 1997 - 34 - Item V-K.S. PUBLIC HEARING ITEM # 42355 (Continued) PLANNING Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Mayor Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: William W Harrison, Jr. July 1, 1997 City of Virginia Beach DEPARTMENT OF PLANNIN~ (757) 427-4621 FAX (7~7) 426-5867 MUNICIPAL CENTER BUILDING 2. ROOM ~15 2405 COURTHOUSE DRIVE VIRQINIA BEACH. VA 23456-9040 June 26, 1997 TO: James K. Spore FROM: Robert J. Scot~ DEPT: City Manager DEPT: Planning RE: Application of Joseph Overholt, Trustee, Overholt Trust/W'gliam and Millie J. Overholt Irrevocable Trust of a Change of Zoning to Conditional B-2 Community Business District, Southwest comer of Lynnhaven Parkway and Salem Road, Kempsville Borough, 15 Acres, City Council A~enda on Juicy 1~ 1997. City Council deferred the Overholt request on June 24, 1997 to allow the applicant to amend the proffered architectural renderings in keeping with the recommendations of the Planning Commission's Design Advisory Group. No changes have been made to the medical office building. The revised renderings show that the retail office building and the restaurant building will complement the larger medical office structure. The buildings are well designed with good architectural detail. Building materials consist ofbeige brick and cream colored dryvit. All buildings will have blue tinted windows. The revisions ensure that this office/retail center will be unified and coordinated ns to architectural style and building materials and approval is recommended. City of Virginia Beach INTER-OFF CE CORRESPONDENCE In Reply Refer To Our File No. DF-4240 DATE: June 12, 1997 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali~ DEPT: City Attorney Conditional Zoning Application - Overholt Irrevocable Trust The above-referenced conditional zoning application is scheduled to be heard by the City Council on June 24, 1997. I have reviewed the subject proffer agreement, dated May 27, 1997, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. WMM/ Enclosure Prepared by' Stallings and Richardson, P.C. irginia Beach, Virginia THIS AGREEMENT, made this ~ day of ~,~~, 1997, by and between Joseph Overholt as Trustee of a Declaration of Trust dated December22~ 976, known as the WILLIAM J. OVERHOLT AND MILLIE J. OVERHOLT IRREVOCABLE TRUST and HASSELL LEE BARNES, JR. and DENISE G. BARNES, husband and wife, (collectively "Grantors"), and the CITY OF VIRGINIA BEACH, ("Grantee"). a Municipal Corporation of the Commonwealth of Virginia WITNESSETH: WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, changing the classification of Grantors' property from R-10 to B-2 Conditional on certain property containing a total of 13.98 acres, more or less, in the Kempsville Borough, of the City of Virginia Beach, Virginia, more particularly described in the attach~ Exhibit A (the "Overholt Property") and Exhibit B (the "Barnes Property"), hereinafter collectively called the "Property"; and WHEREAS, this Agreement has been proffered by the Grantors and accepted by the Grantee and such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that smd instrument is consented to by the Grantee in writing as evidenced by a certified copy of ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.1-431, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. Prepared by: Stallings and Richardeon, P.C. ¥irginia Beach, Virginia NOW, THEREFORE, the Grantor, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of a~uid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby makes the following declaration of conditions and restrictions as to the physical development and operation of the Property and governing the use thereof and hereby tenders the following covenants running with the said Property, which shall be binding following the approval of Grantor's rezoning Petition by Grantee upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When the property is developed, it shall be developed substantially as shown on the Exhibit entitled "Preliminary Site Plan of Salem Community Commons", prepared by MSA (Miller- Stephenson & Associates, PC), dated May 27, 1997, it being the same exhibit submitted to City Council and on file in the Planning Department of the City of Virginia Beach, Virginia. 2. When the property is developed Grantors shall install landscaping upon the premises substantially as shown on the Exhibit entitled "Preliminary Landscape Plan of Salem Community Commons" prepared by MSA (Miller-Stephenson & Associates, PC), dated May 27, 1997, said exhibit being the same exhibit submitted to City Council and on file in the Planning Department of the City of Virginia Beach, Virginia. The City shall not issue a final certificate of occupancy until the aforesaid landscaping is installed. 3. Grantor shall restrict vehicular access to the property from Salem Road and Lynnhaven Parkway in accordance with the Site Plan. 4. The trees upon the property will be preserved in accordance with a site plan that ~repared by: &tailings and Richardson, P.C. rginia Beach, Virginia indicates specific trees or treed areas to be preserved. 5. The exterior of the commercial center shown on the site plans shall be substantially similiar in appearance to the elevation and title "Site Elevations of Salem Community Commons" prepared by MSA (Miller-Stephenson & Associates, PC) dated May 27, 1997, said exhibit being the same exhibit as the color coordinated exhibit on file in the Planning Department of the City of Virginia Beach, Virginia (hereinafter the "Rendering"). 6. The extemal building materials used for the buildings shall be primarily brick, drivit and/or stucco, wood and beige or brown shingles on the rooves of the buildings, it being the intention of the Grantor to encourage compatibility without requiring uniformity. 7. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 8. The Grantor shall restrict the commercial uses of the property to the following uses: Animal hospitals, pounds, shelters, commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings; Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on the premises; Business studios, offices and clinics; Child care and child care education centers; Commercial recreation facilities other than those of an outdoor nature; Prepared by' Stallings and ~ichard$on, P.C. Virginia Beach, Virginia Drugstores, beauty shops, barbershops and other personal service establishments; Eating and drinking establishments without drive-through windows; Financial institutions; Florists, gift shops, antique shops and stationary stores; Furniture repair and upholstering, repair services for radio and television and household appliances other than those with gasoline engines, service and repair services for business machines, carpet and linolemn laying, tile setting, sign shops and other small businesses; Laboratories and establishments for the production and repair of eye glasses, hearing aids and prosthetic devices; Laundry and dry cleaning agencies; Medical and dental offices; Medical laboratories; Museums and art galleries; Job and commercial printing Public buildings and grounds; Public utilities installations andsubstationss provided storage or maintenance facilities shall not be permitted; and provided, further, that utility substations, other than individual transformers, shall be surrounded by Category VI screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screening, solid except for access openings; Public utilities offices; 'r~pared by: btallings and Richardeon, P.C. rginia Beach, Virginia Radio and television broadcasting stations, cellular telephone antenna and line-of-sight relay devices; Repair and sales for radio and television and other household appliances, except where such establishments exceed two thousand five hundred (2500) square feet of floor area Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retailsales and display rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building materials or automobile parts shall not be allowed, further provided that adult bookstores shall be prohibited from locating within five hundred (500) feet of any apartment or residential district, single-or multiple-family dwelling, church, park or school Specialty Shops Veterinary establishments and commercial kennels, provided that all animals shall be kept in soundproofed, air-conditioned buildings a) Accessory uses and structures shall be permitted as set forth in Section 901 of the Virginia Beach Code. All references hereinabove to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Stallings and ~chard$on, P.C Virginia Beach, Virginia Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shown by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and Grantee. WITNESS the following signature and seal: WILLIAM J. OVERHOLT AND MILLIE OVERHOLT IRREVOCABLE TRUST By: Pml~red by: Stallings and Richardson, P.C. qrllinla Beach, Virginia CITY/COUNTY OF~ ~/~.-~l~ , to-wit: Subscribed and sworn to before me this__~day of/9,?~aff ,1997, by Joseph Overholt, T~tees of ~e ~LL~ ~ O~~OLT ~LLIE J. OVE~OLT I~VOC~LE TRUST. ' N~ Public ~ My co~ssion expires: ~ ~ ~u. ~ 6, ~M STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this FIASSELL LEE BARNES, JR. __ day of , 1997 by My commission expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this DENISE G. BARNES. __ day of ,1997 by My commission expires: Notary Public Prepared by: Stallings and Richardson, P.C. Virginia Beach, Virginia WILLIAM J. OVERHOLT AND MILLIE J. OVERHQLT IRREVOCABLE,TRUST Henry Oflerholt, Tmstei~ - STATE OF , CITY/COUNTY OF ~rrit~ 60~ , to-wit: Subscribed and sworn to before me this __{$__ day of (~Lq~t ~ ,1997, by Henry Overholt, Trustee of the WILLIAM J. ¢)VERHOLT AJgD MILLIE J. OVERHOLT IRREVOCABLE TRUST. ~ ;~t~,;. M,~o~ co~nt~. ;~~ Publ{¢ My commission expires: ~ EXHIBIT A ~11 that certain tract, piece or parcel of land, vith the build~ngs and ~rovements :/3ereon, and the appurtenances thereunto belonging, situate, lying and being in the City Virginia Beach, V£rgfnfa, on Salem Road (£oromrly North Lan~Lng Road) and bounded and ~cr~bed as £ollo~s: the East b~ Salem Road (formerly North I, an~ng Road) lea~Lng to Kempsville; on the rth b~ the lands no~ or foromrly of Baxter, no~ of Jordan; on the #est b~ the lands .~ozmerly of Moses w. MoClanan; on the South b~ the lands formerly of #alter J. Hurphy. 3aid tract of land containing 55 acres, more or less. THERE IS EXCEPTED THERE~OH, two (2) parcels of land acquired bM the United States of Vaer~oa bM "Order on Declaration of Ta~Lng", dated November 22, 1954, and duly recorded in Clerk's O££ice o£ the Circuit Court o£ the Cit~Z of Virginia Beach, Virginia, in Deed )k 383, Page 456 and sho~n in l~p Book 37, page 45; T~act designated A-101-1, containing L3.17 acres, more or less, and T~act designated A*101-E*2, containing 2.47 acres, more or L-es; reference to said Order being hereb~ erode for a ~ore particular desc~ption and ~.ation of the excepted parcels. AND EXCEPT that portion of the property conveyed to the City of Virginia Beach for oeeC purposes bM Deed of Ded/cation, dated December 12, 1985, recorded in Deed Book page 788, and shown on plat recorded An Deed Book 2474, page 444. :-sS AND EXCEPT that portion of the property conveyed to the City of Virginia Beach for t .-reation Drive Bridge Replacement bM instrument dated January 26, 1989, recorded in Deed ~ook 2804, page 1532, and shown on plat recorded in Deed Book 2?86, pages 1201 and 1202. : ~S A~D EXCEPT that portion of the propert-/ conveyed to MSGP Corp. in Deed Book 2326, .~.~e 963, 6.958 acres. ~--~S AND EXCEPT that portion of the property conveyed to MSGP Corp. in Deed Book 2326, : 3'e 970, 20.737 acres. :.~SS ~D EXCEPT that portion of the propert~ taken bM the United States of 7Vnerica bM der of Declaration of Taking, dated June 1, 1955, recorded in Deed Book 406, page 311, ~-d S~4x~r to the easement acquired therein. £ ss A~D EXCEPT that portion of the property taken bM the United States of ;Unerica by f strument dated July 8, 1954, recorded in Deed Book 364, page 407. BEING a part of the same property conveyed to HENRY OVERHOLT and JOSEPH OVERHOLT, as ~rustees of a Declaration of Trust dated December 22, 1976, known as the William J. ~erholt and Millie J. Overholt Irrevocable Trust bM deeds from: £. William J. Overholt and N/llie J. Overholt, husband and wife (1/2 interest), dated ~cember 22, 1976, recorded in Deed Book 1625, page 426; and 2. William J. Overholt and N/11ier J. Overholt, husband and wife (1/2 interest), dated ~anuax~ 2, 1977, recorded in Deed Book 1629, page 289. , Prepared by: Stallings and Richardson, P.C. Virginia Beach, Virginia EXHIBIT B ALL THAT certain lot, piece or parcel of land, together with the appurtenances thereunto belonging, situate, lying ,,and being in the Kempsville Borough, City of Virginia Beach, Virginia as "Homesite 1.02 AC. on a certain plat entitled "SURVEY OF PROPE,RTY OF W. K. OVERHOLT, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA ', dated July 14, 1967, made by W. B. Gallup - Surveyor, said property being more particularly boundedand described as follows: Beginning at a j~in on the western side of Salem Road, said pin being located 290.34 feet in a northwesterly direction from a pin along the said road on the line between property retained by the grantors herein and the property now or formerly owned by Lyman Basnight, and from said point of beginning running South 75° 44' 30" West 257 feet to a pin; thence turning and running North 14° I5' 30"West 173 feet to a pin; thence turning and running North 75° 44' 30" East 257 feet to a pin in the western side of Salem Road; thence turning and running along said road in a southeasterly direction 173.7 feet to a point of beginning. LESS and EXCEPT that portion of property conveyed to the City of Virginia Beach, for Lynnhaven Parkway Phase V, conveyed and described in Deed Book 2761 at page 1060, dated 5/5/88, recorded 8/22/88 (616 square feet, 0.014 acres), together with temporary construction easement and a variable width permanent drainage easement. - 35 - Item V-K. 7. PUBLIC HEARING ITEM # 42356 PLANNING Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Counctl ADOPTED: Ordinance to AMEND Section 104 of the City Zoning Ordinance re penalties for continuing zoning violations. Voting: 9-0 (By ConsenO Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor Wilham D. Sessoms, Jr. Council Members Voting Nay None Council Members Absent: Wdliam W. Harrison, Jr. and Louisa M. Strayhorn July 1, 1997 AN ORDINANCE TO AMEND AND REORDAIN THE CITY ZONING ORDINANCE PERTAINING TO PENALTIES FOR CONTINUING ZONING VIOLATIONS SECTION AMENDED: Section 104 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: That Section 104 of the City Zoning Ordinance is hereby 9 amended and reordained to read as follows: 10 Sec. 104. Violations and penalties. 11 Any person who violates any of the provisions of this 12 ordinance shall, upon conviction thereof, be guilty of a 13 misdemeanor punishable by a fine of not less than ten dollars 14 ($10.00) nor more than one thousand dollars ($1,000.00) . If the 15 violation is uncorrected at the time of the conviction, the court 16 shall order the violator to abate or remedy the violation in 17 compliance with this ordinance, within a time period establmshed by 18 the court. Failure to remove or abate a violation within the 19 specified time period shall constitute a separate misdemeanor 20 offense punishable by a fine of not less than ten dollars ($10.00) 21 nor more than one thousand dollars ($1,000.00) and any such failure 22 during any succeeding thirty-day period shall constitute a separate 23 misdemeanor offense for each thirty-day period punishable by a fine 24 of not less than ten dollars ($10.00) nor more than one thousand 25 dollars ($1,000.00). 26 Adopted by the City Council of the City of Virginia Beach on 27 this ! day of 3~_Y 1997. 28 29 30 31 CA-6642 DATA/ORDIN/PROPOSED/45-104.ORD MAY 6, 1997 RI - 36 - Item V-M. 1. NE W BUSINESS ITEM # 42357 Upon motion by Council Lady Henley, seconded by Council Lady Parker, City Council ADOPTED: Resolution to refer to the Planning Commission a proposed amendment to Section 401 of the City Zoning Ordinance re dwelling units in livestock barns tn Agricultural Zoning Districts. (Requested by Councilwoman Barbara Henley) This Resolution shall be SCHEDULED for the August Planning Commission agenda and E)~EDITED to City Council. Voting: 10-0 Council Members Vottng Aye: John A. Baum, Ltnwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vtce Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr July 1, 1997 REQUESTED BY COUNCILWOMAN BARBARA M. HENLEY A RESOLUTION REFERRING TO THE PLANNING COMMISSION A PROPOSED AMENDMENT TO SECTION 401 OF THE CITY ZONING ORDINANCE, PERTAINING TO DWELLING UNITS IN LIVESTOCK BARNS IN AGRICULTURAL ZONING DISTRICTS 10 11 12 13 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That there is hereby referred to the Planning Commission, for its consideration and recommendation, a proposed amendment to Section 401 of the City Zoning Ordinance, pertaining to dwelling units in livestock barns in agricultural zoning districts. A true copy of such proposed amendment is hereto attached. 14 15 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 1s¥ day of 3~_Y , 1997. 16 17 18 19 20 21 22 CA-97-6703 wmm~ordres~45-401.res R-1 June 17, 1997 APPROVED AS TO CONTENT: Planning 23 24 25 26 APPROVED AS TO LEGAL SUFFICIENCY: / Department of Law REQUESTED BY COUNCILWOMAN BARBARA M. HENLEY AN ORDINANCE TO PERMIT DWELLING UNITS IN LIVESTOCK BARNS IN AGRICULTURAL ZONING DISTRICTS SECTION AMENDED: CZO SECTION 401 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: That Section 401 of the City Zoning Ordinance ms hereby 9 amended and reordained to read as follows: 10 Sec. 401. Use regulations. 11 (a) Principal and conditional uses. The following chart 12 lists those uses permitted within the AG-1 and AG-2 Agricultural 13 Districts. Those uses and structures in the respective agricultural 14 districts shall be permitted as either principal uses indicated by 15 a "P" or as conditional uses indicated by a "C." Uses and 16 structures indicated by an "X" shall be prohibited in the 17 respective districts. No uses or structures other than as specified 18 shall be permitted. 19 20 Use AG-1 AG-2 21 22 23 24 Dwelling units, not to exceed one (1), located within livestock barns, in addition to a principal dwelling p _p 25 26 (b) Accessory uses and structures. Uses and structures which 27 are customarily accessory and clearly incidental and subordinate to 28 principal uses and structures, including but not limited to: 29 (1) In connection with agricultural use, no more than 30 one (1) roadside stand for sale of agricultural 31 products produced by the operator of the roadside 32 stand, provided that: 33 (i) No such stand shall exceed one thousand 34 (1,000) square feet in floor area; 35 (ii) No stand shall be erected within fifty (50) 36 feet of the property line fronting on any 37 street; 38 (iii) The operator of the stand must be the owner or 39 operator of the agricultural property on which 4O the stand is located; 41 (iv) At least fifty (50) percent by value of the 42 produce sold from the stand shall have been 43 produced by the operator of the roadside 44 stand. 45 (2) An accessory activity operated for profit in a residential dwelling unit where there is no change 47 in the outside appearance of the building or 48 premises or any visible or audible evidence 49 detectable from outside the building lot, either 5O permanently or intermittently, of the conduct of 51 such business except for one (1) nonilluminated 52 identification sign not more than one (1) square 53 foot in area mounted flat against the residence; 54 where no traffic is generated, including traffic by 55 commercial delivery vehicles, by such activity in 56 greater volumes than would normally be expected in 57 the neighborhood, and any need for parking 58 generated by the conduct of such activity is met 59 off the street and other than in a required front 60 yard; where the activity is conducted on the 61 premises which is the bona fide residence of the 62 principal practitioner, and no person other than 63 members of the immediate family occupying such 64 dwelling units is employed in the activity; where 65 such activity is conducted only in the principal 66 structure on the lot; where there are no sales to 67 the general public of products or merchandise from 68 the home; and where the activity is specifically 69 designed or conducted to permit no more than one 7O (1) patron, customer, or pupil to be present on the 71 premises at any one (1) time. The following are 72 specifically prohibited as accessory activities: 73 Convalescent or nursing homes, tourist homes, 74 massage parlors, radio or television repair shops, 75 auto repair shops, or similar establishments. 76 COMMENT 77 78 The amendment permits one (1) dwelling unit, in addition to a principal dwelling on the same lot, to be located within a livestock barn in the AG-1 and AG-2 Agricultural Districts. 79 8O 81 82 83 84 85 on this Adopted by the City Council of the City of Virginia Beach day of , 1997. CA-6656 WMM/ORDRES/45 -401. com 6/17/97 R-2 APPROVED AS TO CONTENT: Planning''/ APPROVED AS TO LEGAL -37- Item V-M.Z NE W BUSINESS ITEM # 42358 Council Lady Parker advised the Comprehensive Land Use Plan is now available for public comment. Three are two documents available: COMPREHENSIVE PLAN- CITY OF VIRGINIA BEACH AND COMPREHENSIVE PLAN TECHNICAL REPORT. There are four (4) public meetings scheduled: Monday July 7, 1997 Kempsville High School Tuesday July 8, 1997 Cooke Elementary School Wednesday July 9, 1997 Kellam High School Thursday July 10, 1997 Sheiton Park Elementary School These are open houses with public input sessions between 8:00 and 9:00 P.M. The Planning Commisston PUBLIC HEARING will be on Monday, ~4ugust 11, 1997, at 6:00 P.M. in the City Council Chamber. July 1, 1997 - 38 - RE CESS INTO EXECUTIVE SESSION ITEM # 42359 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MA TTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (I). Performance Evaluation: City Council Appointees P UBLICL Y-HELD PR OPER IT: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an tnstitution whtch couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). A cquisitton/Disposition/ Use of Pubhc Property Southeastern Parkway and Greenbelt LEGAL MATTERS: Consultation wtth legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other spectfic legal matters requesttng the proviston of legal advice by counsel pursuant to Section 2.1-344(A)(7). To-Wit. M & G Associates v. Ctty of Virginta Beach Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council voted to proceed into EXECUTIVE SESSION (3:25 P.M.) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Hetschober, Barbara M. Henley, Louis R. Jones, Reba S McClanan, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wdliam D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: William I~. Harrison, Jr. - 39 - ITEM # 42360 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, Ctty Hall Buil&ng, on Tuesday, July 1, 1997, at 3:58 P.M. Council Members Present. John A. Baum, Linwood 0 Branch, III, Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdliam D Sessoms, Jr. and Louisa M. Strayhorn Council Members .4bsent: William W. Harrison, Jr. July I, 1997 - 40- Item V-N. CERTIFICATION OF EXECUTIVE SESSION ITEM # 42361 Upon motion by Councilman Heischober, seconded by Council Lady Strayhorn, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which thts certtfication resolution applies; AND, Only such public business matters as were identified tn the motion conventng the Executive Sesston were heard, discussed or considered by Virginia Beach City Councd. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meivera E. Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr and Loutsa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W. Harrison, Jr. July 1, 1997 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 42359 Page No. 38 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, disqussed or considered by Virginia Beach City Council. Rtith Hodges ,~mith, CMC/AAE City Clerk July 1, 1997 - 41 - Item V-N. ADJOURNMENT ITEM # 42362 Mayor Meyera E. Oberndorf DECLARED the Ctty Counctl Meeting ADJOURNED at 4:00 P.M. Beverly O. Hooks, CMC/AAE Chief Deputy City Clerk City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virgtnia - 41 - Item V-N. AD JO URNMENT ITEM # ~2362 Mayor Meyera E. Oberndorf DECLARED the City Counctl Meettng ADJOURNED at 4:00 P M Beverly 0 Hooks, CMC/AAE Chief Deputy City Clerk Ruth Hodges Smtth, CMC//IAE City Clerk Meyera Obern~'orf ~ Mayor City of Vtrgtnta Beach V'trginta July 1, 1997