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Home My WebLink AboutMARCH 20, 1989 @it@ C:)f NTir-igi@icA "WORLD'S LARGEST RESORT Ciw' CITY COUNCIL -@OR ME- @ OBEM@-, .1 VICE W.- ROBERT E. IE-@, V,,.@i. -h -@RT @. -O, JOHN A MU., -R- HEIX@OUR, f@Hl D, OW. -,i. -1@ -1 . l@R. A@ L- ].HI I IE@Y. @l- -9@ @l- D, JR, .1 281 CITY HALL BUILDING MUNICIPAL GENTER .UB-@ V. --S. JR. Cil, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 23456-9002 j - @l-ON, Cil, A.- (804) 427-4303 R-H HO@@ W-, -1@. Ci@ MARCH 20, 1989 ITEM 1. CITY MANAGERIS BRIEFING Conference Room - 11:00 AM 1. DEVELOPMENT FEE SCHEDULE Patricia Phillips 2. RURAL LAND USE BRIEFING Robert J. Scott ITEM 11. COUNCIL CONFERENCE SESSION - Conference Room - 1:00 PM A. CITY COUNCIL CONCERNS ITEM 111. INFORMAL SESSION - Conference Rom - 1:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF COUNCIL C. RECESS TO EXECUTIVE SESSION ITEM IV. FORP4AL SESSION - Counc II Chamber - 2: 00 PM A. INVOCATION: Reverend John H. Jordan, Jr. Galilee Episcopal Church B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA C. ELECTRONIC ROLL CALL OF CITY COUNCIL D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA E. MINUTES 1. INFORMAL - FORMAL SESSIONS - March 6, 1989 F. PUBLIC HEARING 1. PLANNING - RECONSIDERATION Application of MARY JOSEPHINE LILLEY for a -Conditional Use Permit for Conditional Use Permit (approved October 14, 1985) on property located on the east side of Oceana Boulevard, 860 feet more or less north of Credle Road (566 Oceana Boulevard), containing 11.01 acres (LYNNHAVEN BOROUGH). Scheduled: February 27, 1989 Staff Recommendation: APPROVAL 2. PLANNING a. Application of CRYSTAL POINT ASSOCIATES, INCORPORATED, for a Change of Zoning District Classification from PD-H2 Planned -Fnit Development District to P-1 Preservation District at the southwest intersection ot Northampton Boulevard and Shell Road on Lots R-1, R-2, R-3 and R-4, Crystal Point, containing 1.356 acres (BAYSIDE BOROUGH). Recommendation: APPROVAL b. Application of CHRISTIAN BROADCASTING NETWORK for Changes of Zoninq District Classification (KEMPSVILLE BOROUGH): From 0-2 Office District to H-1 Hotel District on certain property located 800 feet more or less south of Indian River Road beginning at a point 820 feet more or less west of Centerville Turnpike, containing 3.56 acres; AND, Frorn B-2 Community Business District to H-1 Hotel District on certain property located 700 feet more or less southwest of the intersection of Indian River Road and Centerville Turnpike (Relocated), containing 15,750 square feet. Recommendation: APPROVAL FOR BOTH APPLICATIONS c. Application of RANDY BREGMAN for a Oonditional Use Permit for a single-fami ly dw@in in the AG-1 Agricultural District on certain property located 800 feet northeast of the northwest terminus of Weybridge Drive (2424 London Bridge Road), containing 10 acres (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL d. Application of DAVID L. and NANCY C. DOLAN for a C)Onditional Use Perrn i tfor a single-family dwelling 1 n the AG-1 Agricultural District on certain property located on the east side of Blackwater Road, 2942.58 feet south of West Gibbs Road, containing 9.6 acres (BLACKWATER BOROUGH). Recommendation: APPROVAL e . Application of RICHARD L. PHIPPS, Sanders Development Company for a Conditional Use Permit for an automobile repair establishment (JIFFY LUBE) on certain property located on the south side of Dam Neck Road, 200 feet more or less west of General Booth Boulevard, containing 19,101 square feet (PRINCESS ANNE BOROUGH). Recommendation: APPROVAL f. Application of PHILIP A. ROWLAND for a Conditional Use Permit for an automobile repair establishment to include body shop on the north side of Southern Boulevard, 270 feet more or less west of Sykes Avenue (1444 Southern Boulevard), containing 8.92 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL g. Applications of C & P TELEPHONE COMPANY (LYNNHAVEN BOROUGH): Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision to meet all requirements of the City Zoning Ordinance located at the northwest intersection of Cape Henry Drive and North Great Neck Road; AND, RECONSIDERATION of Conditlons placed on the October 10, 1988, approved application for the discontinuance, closure and abandonment of a portion of Holly Avenue (now Cape Henry Drive), in the petition of C & P TELEPHONE COMPANY. Recommendation: APPROVAL tor both applications h. Application of PIPER APARTMENT ASSOCIATES, L.P. for a Conditional Zoning Classification from A-12 Apartment District to A-18 Apartment District on the south side of Virginia Beach Toll Road, 2600 feet more or less west of North Birdneck Road on Lot 29A, Oceana Gardens, containing 16.4 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL i. Application of LINKHORN BAY DEVELOPMENT CORPORATION for a Conditional Zoning Classification from A-12 Apartment District To- A-18 Apartment District on certain property located on the north side of the Virginia Beach Toll Road at the southern terTninus of Freemac Drive, containing 11.0761 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL j. Application of BAJA CORPORATION, a Vlrginia Corporation, for a Change of Zoning District Classification from R-5D Residential @uplex District to B-2 Cornmunit@ Business District on certain property located on the south side of Virginia Beach Boulevard' 500 feet east of Oceana Boulevard, containing 1.52 acres (LYNNHAVEN BOROUGH); Recommendation: APPROVAL, AND, Application of EARL SCHEIB REALTY CORPORATION for a Conditional Use Permit for an automobile body/paint establishment on certain property located on the south side of Virginia Beach Boulevard, 500 feet east of Oceana Boulevard, containing 23,740 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL k Ordinance to AMEND Section 211 of the City Zoning Ordinance of the City of Virginia Beach, pertaining to temporary signs. 1. Ordinance to AMEND and REORDAIN Section 111 of the City Zoning Ordinance pertaining to the definition of the term "sign". G. RESOLUTIONS 1. Resolution to authorize the City Manager to e)<ecute and implement a one-way street system of Arctic Avenue northbound and Baltic Avenue southbound -- from 16th Street to 32nd Street at an estimated cost of $96,200. 2. Resolution resolving that the Virginia Beach City Council supports and endorses Amendments to the Southeastern Vlrginia 2000 Highway Study. 3. Resolution referring to the Planning Commission proposed amendments to the Virginia Beach City Code: a. Ordinance to AMEND Sections 1403(c) and 1603 of the CZO re applications tor permits for wetlands and coastal prlmary sand dunes Ordinance to AMEND Section 3.2 A.2 of the Site Plan Ordinance re procedure for Site Development Plan Approval Ordinance to AMEND and REORDAIN Sections 8.1, AND 8.3 re plat fees and subdivision variance fees Ordinance to AMEND and REORDAIN Sections 106(c), 107(g), AND 221(b) re appeals, variances, amendments, procedural requirements and general standards for condltional uses Ordinance authorizing and directing the Departments ot Public Works and Public Utilities to increase fees for certain Inspections Ordinance to AMEND and REORDAIN Section 3-24 re fees for permits for signs and other advertising devices Ordinance to AMEND and REORDAIN Section 33-113 re application processing fee for encroachments Ordinance to AMEND and REORDAIN Section 21-205 re to special permits for oversize and overweight vehicles generally Ordinance to AMEND and REORDAIN Section 8-32, 8-33, and 8-34 re perTnit fees for pltnblng permits, mechanical and gas permits and electrical permits Ordinance to AMEND and REORDAIN Section 8-31 re building permits and bulldlng permit fees Ordinance to AMEND and REORDAIN Section 33-71 and 33-72 re permit, Inspection and guarantee fees H. ORDINANCES 1. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 35-40 pertaining to real estate taxes generally. 2. Ordinance upon FIRST READING to appropriate $735,000 to Project 6- 993, Old Dam Neck Road/Upton Estates Sewers to al leviate a health prob I em. 1. CONSENT AGENDA A I I matters I i sted und er the Consent Agenda a re cons i d ered i n the ord i n ary co urse of b us I ness by C! ty Co unc i I a nd w i I I be en acted by one motlon in the form listed. If an item is removed from the Consent Agenda, it w! 11 be discussed and voted upon separately. 1. Ordinance to AMEND and REORDAIN the C<)de of the City of Virginia Beach, Virginia, by ADDING a new Section 23-39.1 pertaining to the cutting, et cetera of trees, shrubs or other vegetation upon city property. 2. Ordinance to AMEND and REORDAIN Section 36-57 of the Code of the City of Virginia Beach, Virginia, pertaining to parking or stopping of charter buses. 3. Ordinance upon SECOND READING to APPROPRIATE $84,000 for improvements to the Fire Training Genter and to increase revenue frcm the Commonwealth of Virginia Department of Fire Programs. 4. Ordinance upon FIRST READING to APPROPRIATE $82,767 in additional State funding for the Virginia Beach Comnunity Diversion Project. 5. Ordinance to TRANSFER funds in the amount of $60,000 to Tidewater Community College Project 2-081, access improvements for the expansion of design services. 6. Ordinance to authorize a temporary encroachment into a portion of City property known as 1101 wide man-made canal in Lagomar (2472 Entrada Drive) to M.C. LIEBOLD and MARTHA LIEBOLD, husband and wife, their heirs, assigns and successors In title. 7. BINGO/RAFFLE PERMITS: Council of United Filipino Organization Bingo/Raffle Saint Matthews Home Raffle Virginia Beach City Union of the Kings Daughters Raffle Virginia Beach Skating Club Bingo 8. Ordinance authorizing a tax refund in the amount of $842.64. 9. Ordinance authorizing a speclal tax refund in the amount of $250.31. 10. Ordinance authorizing a license refund in the amount of $2,645.17. J. UNFINISHED BUSINESS K. NEW BUSINESS 1. CANCEL or RESCHEDULE CITY COUNCIL SESSION: Monday, October 9, 1989 (YOM KIPPUR) 2. INTERIM FINANCIAL STATEMENTS for period July 1, 1988, through January 31, 1989 Giles G. Dodd, Assistant City Manager for Administration L. ADJOURNMENT CITY COUNCIL SESSIONS RESCHEDULED FY 1989-1990 OPERATING BUDGET SCHEDULE MARCH 30, 1989 12: NOON CITY MANAGER'S PRESENTATION TO CITY COUNCIL (SPECIAL SESSION) APRIL 10, 1989 10:30 AM - 12: NOON CITY COUNCIL WORKSHOP - SCHOOL BUDGET (With School Board/Administration) APRIL 17, 1989 11:00 AM - 1:00 PM CITY COUNCIL WORKSHOP - CITY BUDGET APRIL 18, 1989 7:00 PM PUBLIC HEARING - CITY/SCHOOL BUDGET Princess Anne High School APRIL 24, 1989 2:00 PM - 4:00 PM CITY COUNCIL WORKSHOP FY 1989-1990 OPERATING BUDGET APRIL 25, 1989 7:00 PM PUBLIC HEARING FY 1989-1990 OPERATING BUDGET (Pavilion - Meeting Rooms) MAY 1, 1989 11:00 AM - 1:00 PM RECONCILIATION WORKSHOP FY 1989-1990 OPERATING BUDGET MAY 8, 1989 2:00 PM PUBLIC HEARING AND FIRST READING APPROPRIATION ORDINANCE (Formal City C)ouncil Session) MAY 15, 1989 2:00 PM SECOND READING AND ADOPTION BY CITY COUNCIL (Formal City Council Session) (All other Sessions will be in accordance with the City Code) M I N U T E S VIRGINIA BEACH CITY COUNCIL Vlrglnla Beacti, Virginla March 20, 1989 The VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, March 20, 1989 at 11:00 A.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Absent: John D. Moss (ENTERED: 11:05 A.M.) John L. Perry (ENTERED: 11:25 A.@1.) - 2 - C I T Y M A N A G E R ' S B R I E F I N G DEVELOPMENT FEE SCHEDULE 11:00 P.M. Ttem # 30887 Patricia Phillips, Director - Research and Strategic Analysis, was requested to analyze the present development-related activities with the objectives of: 1 . Identifying the actual cost of providing these processing and review activities, and the current costs recovered in fees. 2. Determining the appropriate proportion of costs to be recovered from fees that adequately reflect staff costs as well as the benefits received by those who will be asked to pay for them. 3. Providing policy recommendations to the City Manager and City Council. The analysis and ultimate recommendation for fees is based on the following approach: Identification of costs for each activity Analysis of fees charged by other localities. Development of appropriate cost recovery rates. Development of proposed fees to recover tlie appropriate percentage of cost. PROJECTED SUMMARY OF COSTS AND COST RECOVERY DEVELOPMENT-RELATED ACTIVITIES Costs $8,010,113 Recoveries 2,621,207 Difference ($5,388,906) As a result, it was recommended to increase the fees to more closely reflect costs: Initial Recovery - increase fees immediately, but less than the recommended amount to mitigate adverse impacts. Recommended Recovery - increase fees effective July 1, 1990, to the recommended recovery level. In the first year of initial recovery, the City is estimating approximately $1-MILLION in additional revenue ($400,000 in additional cost recovery for the General Fund, $400,000 to establish an Economic Development Contingency Account and $200,000 in additional cost recovery for the Water and Sewer Fund). The second year would entail almost $1.9-MILLION in additional review. The Economic Development Contingency Account is proposed to be created to fund expenditures necessary for economic development activities, particularly capital expenses that will assist in bring businesses to the City. - 3 - C I T Y M A N A G E R ' S B R I E F I N G DEVELOPMENT FEE SCHEDULE Item # 30887 (Continued) The Charts utilized in the Presentation are hereby made a part of the record: Economic Development Contingency Account Objectives of Recommended Fees Land Use/Planning Items Development Review Land Use of Public Facilities in Right-of-Way Permits Wetlands Permits and CPSD Building Permits Impacts The Planning Commission is requested to make its recommendations to City Council within thirty days. The City Council could be in a position to ADOPT the proposed amendments relative fees for development-related activities by mid May. - 4 - C I T Y M A N A G E R ' S B R I E F I N G RURAL LAND USE BRIEFING 12:00 NOON Item # 30888 Robert Scott, Director of Planning, referenced the Staff Paper entitled "Interim Regulation of Growth South of the Green Line". Said paper is hereby made a part of the record. This research paper resulted from discussions on March 9, 1989 of Messrs. J. Dale Bimson - City Attorney, E. Dean Block - Assistant City Manager for Analysis and Evaluation, Louis E. Cullipher - Director of Agriculture, Assistant City Attorney Gary L. Fentress, Thomas M. Martinsen - Deputy City Manager, Robert Matthias - Intergovernmental Relations Co-ordinator, Jack Whitney - Director of Environmental Management and Robert Scott - Director of Planning. There are available for consideration six classes of alternative interim regulatory schemes: The No-Action Approach The Conditional Use Permit Approach The Minimum Lot Size Approach The Overlay approach Moratorium Case-by-Case Subdivision Review Councilman Baum distributed notes regarding Land Use Conflicts South of the Green Line. "Shall we prematurely begin wasting our agricultural forestral resources by allowing conflicting residential usage along rural roads? Councilman Baum referenced an amendment to page 2 of said report related to development of private wells. (Said notes are hereby made a part of the record.) Councilwoman Henley advised agriculture is a very viable industry in the City. A proposed item appropriating funding for the Growth Management Program was distributed to City Council. The total estimated cost for the preparation of the six-element growth management program was $245,000. If authorized the firms of Rogers, Golden and Halpern in association with Siemon, Larsen and Purdy will provide the following: An update of the Comprehensive Plan for areas below the Green Line An Economic and Fiscal Impact Assessment of the TDR and "PDR" (P.rchase of Development Rights) A Refined Transferable Development Rights Ordinance Additional factual and legal support A Public Information and Education Program. Interim Regulations The Resolution referring the Staff Paper entitled "An Outline for Interim Regulation of Growth in Rural Areas" to the Planning Commission shall be ADDED to the Formal Agenda. - 5 - C I T Y C 0 U N C I L C 0 N C E R N S Item # 30889 Vice Mayor Fentress referenced a Resolution to authorize the City Manager to execute and implement a one-way street system of Arctic Avenue northbound and Baltic Avenue southbound -- from 16th Street to 32nd Street at an estimated cost of $96,200. (See Item IV-G.1 of RESOLUTIONS). Vice Mayor Fentress wished to bring this item forward to DEFER INDEFINITELY. ITEM # 30890 Councilman Balko referenced the abundant debris in different sections of Sandbridge from the Storm. The next morning, all the roads were open and Councilman Balko was most impressed Councilman Balko extended appreciation to the City Manager and Staff. Mayor Oberndorf referenced a complimentary letter from Herb Taylor regarding the City Staff's professional response and their ability to rectify the problems at Sandbridge. ITEM # 30891 Councilwoman McClanan referenced a Resolution Declaring a Local Emergency, requesting the Governor to Declare the Sandbridge Area to be Experiencing a Major Natural Disaster, and further to have the Governor request the President to do likewise. This will be ADDED-ON to the Formal Agenda. ITEM # 30892 Councilman Sessoms again referenced Memorandum from George C. Sjolund, M.D., District Director, to Dr. H. McDonald Rimple, Regional Medical Director, regarding "Review of Prenatal Care Service Collapse in Virginia" discussed at the City Council Meeting of March 6, 1989. The March of Dimes held a News Conference at the Regional Health Care Office. The March of Dimes will contribute $5,000 for the Prenatal Care program. Councilman Sessoms has contacted Delegate McClanan, Senator Stallings and Senator Holland who have all agreed to lend assistance. Senator Bobby Scott attended the News Conference and advised State funds were available which could possibly be redistributed. The City Manager distributed a imemorandum from Hector A. Rivera, Assistant City Manager for Human Services, regarding Infant Mortality. Councilman Perry expressed concern over the poor attitude of the administrators, their lack of humanity in dealing with the citizenry. Mayor Oberndorf advised the City of Virginia Beach is expending $375,000 a year which is expected to escalate to $450,000. There is a possibility that the City can recoup $100,000 to $200,000 in fees from Medicade. The request for this type of funding has been repeated each year in the City's Legislative Package. ITEM # 30893 Mayor Oberndorf referenced the Memorandum from Jack Whitney, Director of Environmental Mangement dated March 8, 1989, relative the Catch and Release Designation for Lake Joyce. (Said Memorandum is hereby made a part of the record.) The District Biologist of the Commission of Game and Inland Fisheries does not believe there is any scientific basis for instituting a catch-and- release program for Lake Joyce and, therefore, advises against it. ITEM # 30894 Councilwoman McClanan advised the Public Hearing and Ordinance Authorizing the Issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach in the Maximum Amount of $735,000 was not listed on the AGENDA, although same was contained within the AGENDA. - 6 - Item # 30895 The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf in the Conference Room, City Hall Building, on Monday, March 20, 1989, at 1;18 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None - 7 - Item # 30896 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 purposes: 1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of public officers, appointees or employees. 2. PUBLICLY HELD PROPERTY: DiscussioD or consideration of the condition, acquisition or use of real property for public purpose, or of the disposition of publicly held property, or of plans for the future of an institution which could effect the value of property owned or desirable for ownership by such institution. 3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants or attorneys, pertaining to actual or potential litigation, or other legal matters within the jurisdiction of the public body pursuant to Section 2.1-344 (a) (6). Upon motion by Councilman Moss, seconded by Councilman Perry, City Council voted to proceed into EXECUTIVE SESSION. Voting: 9-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Barbara M. Henley and Nancy K. Parker - 8 - F 0 R M A L S E S S I 0 N VIRGTNIA BEACH CITY COUNCIL March 20, 1989 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, March 20, 1989, at 2:00 P.M. Council Members Present: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Absent: None TNVOCATION: Reverend John H. Jordan, Jr. Galilee Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 9 Item IV-D. INTRODUCTION Item # 30897 ADD-ON The Honorable Robert G. Jones PRESENTED Daffodils to the Mayor and Members of City Council from OPERATION SUNBURST and the AMERICAN CANCER SOCIETY. The Daffodil is the "flower of hope". Robert Jones introduced Pat Bridges, Chairman of the Task Force on the City's Appearance, and Beth Wright, Landscape Service Employee, who was instrumental in achieving the planting of thousands of daffodils in the City. - 10 - Item IV-E. I MINUTES Item # 30898 Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City Council APPROVED, AS AMENDED, the MINUTES of the INFORMAL AMD FORMAL SESSIONS of March 6, 1989. Councilman Moss referenced Page 24, ITEM # 30873: The following shall be stated as part of the MOTION: As a result of this action, no additional curb cuts will be allowed on either Kempsville or Indian River Roads. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 11 - Item IV-E.2- PUBLIC BEARING Item # 30899 Mayor Oberndorf DECLARED a PUBLIC HEARING: Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $735,000. There being no speakers, the Mayor CLOSED the PUBLIC HEARING. - 12 - Item IV-F.1/2. PUBLIC HEARING Item # 30900 Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. PLANNING - RECONSIDERATION (a) MARY JOSEPHINE LILLEY CONDITIONAL USE PERNIT 2. PLANNING (a) CRYSTAL POINT ASSOCIATES, INCORPORATED CHANGE OF ZONING (b) CHRISTIAN BROADCASTING NETWORK CHANGES OF ZONING (c) RANDY BREGMAN CONDITIONAL USE PERMIT (d) DAVID L. AND NANCY C. DOLAN CONDITIONAL USE PERMIT (e) RICHARD L. PHIPPS, SANDERS DEVELOPMENT CONDITIONAL USE PERMIT COMPANY (f) PHILIP A. ROWLAND CONDITIONAL USE PERMIT (g) C & P TELEPHONE COMPANY VARIANCE and RECONSIDERATION OF STREET CLOSURE CONDITIONS (h) PIPER APARTMENT ASSOCIATES CONDITIONAL ZONLNG (i) LINKHORN BAY DEVELOPMENT CORPORATION CONDITIONAL ZONING (j) BAJA CORPORATION, a Virginia Corporation CHANGE OF ZONING AND, EARL SCHEIB REALTY CORPORATION CONDITIONAL USE PERMIT (k) TEMPORARY SIGNS AMEND CZO Section 211 (1) DEFINITION OF THE TERM "SIGN" AMEND CZO Section 111 - 13 - Item IV-F.I. PUBLIC HEARING PLANNING Item # 30901 G. Dewey Simmons, Jr., 3148 Lynnhaven Drive, Phone: 481-7155, Jeffrey W. Greene, 4109 Rundel Lane, Phone: 340-5806, Consulting Engineer for the Erosion Council Upon motion by Councilman Balko, seconded by Councilman Perry, City Council APPROVED the WAIVER of notes #7 and #11* and AUTHORIZED the applicant's request (Virginia Beach Erosion Control Commission) to allow lowering of surface water by five feet (5') in the Application of MARY JOSEPHINE LILLEY for a Conditional Use Permit (approved October 14, 1985) on property located on the east side of Oceana Boulevard, 860 feet more or less north of Credle Road (566 Oceana Boulevard), containing 11.01 acres (LYNNHAVEN BOROUGH). 117. Hydraulic dredging shall be utilized, therefore a sediment basin will not be necessary 11. Dewatering is not allowed. The applicant states the reason for RECONSIDERATION is "removal of sand by hydraulic dredging is not practical for a truck haul operation to nourish the beach, and the surface level of water needs to be lowered five (5) feet to complete excavation of the pit. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 14 - Item IV-F.2.a. PUBLIC HEARING PLANNING Item # 30902 Gary Haste, 2877 Guardian Lane, Phone: 340-0322, Talbot and Associates, represented the applicant Upon motion by Councilman Perry, seconded by Councilman Heischober, City Council ADOPTED the Ordinance upon application of CRYSTAL POINT ASSOCIATES, INCORPORATED for a Change of Zoning District Classification: ORDINANCE UPON APPLTCATION OF CRYSTAL POINT ASSOCIATES, INCORPORATED FOR A CHANGE OF ZONING DISTRICT CLASSTFICATION FROM PD-H2 TO P-1 Z03891236 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of I-rystal Point Associates, Incorporated for a Change of Zoning District Classification from PD-H2 Planned Unit Development District to P-1 Preservation District at the southwest intersection of Northampton Boulevard and Shell Road on Lots R-1, R-2, R-3 and R-4, Crystal Point. Said parcels contain 1.356 acres. BAYSIDE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth Day of March, Nineteen Hundred and Eighty-nine. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Ilenley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and John L. Perry Council Members Voting Nay: None Council Members Abstaining: William D. Sessoms, Jr. Council Members Absent: None Councilman William D. Sessoms ABSTAINED due to business purposes. - 15 - Item IV-F.2.b. PUBLIC HEARING PLANNING Item # 30903 Attorney R. J. Nutter, II, 2809 South Lynnhaven Road, Phone: 431-3100, represented the applicant Upon motion by Councilman Moss, seconded by Vice Mayor Fentress, City Council ADOPTED Ordinance upon application of CHRISTIAN BROADCASTING NETWORK for Changes of Zoning District Classification: ORDINANCE UPON APPLICATION OF CHRISTIAN BROADCASTING NEn4ORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM 0-2 TO H-1 Z03891237 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from 0-2 Office District to H-1 Hotel District on certain property located 800 feet more or less south of Indian River Road beginning at a point 820 feet more or less west of Centerville Turnpike. Said parcel contains 3.56 acres Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. A N D, ORDINANCE UPON APPLICATION OF CHRISTIAN BROADCASTING NETWORK FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2 TO H-1 Z03891238 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Christian Broadcasting Network for a Change of Zoning District Classification from B-2 Community Business District to H-1 Hotel District on certain property located 700 feet more or less southwest of the intersection of Indian River Road and Centerville Turnpike (Relocated). Said parcel contains 15,750 square feet. Plats with more detailed information are available in the Department of Planning. KEMPSVILLE BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth Day of March, Nineteen Hundred and Eighty-nine. - 16 - Item IV-F.2.b. PUBLIC HEARING PLANNING Ttem # 30903 (Continued) Councilman Moss advised in the future, if the performance level of the highways is to be maintained, the City cannot afford the luxury of investigating the cumulative impact of what has already been utilized and what is available. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 17 - Item IV-F.2.c. PUBLIC HEARING PLANNING Item # 30904 Randy Bregman, 521 Old Great Neck Road, Phone: 498-3635, represented the applicant Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council ADOPTED an Ordinance upon application of RANDY BRECMAN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RANDY BREGMAN FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY DWELLING IN THE AG-1 AGRICULTURAL DISTRICT R03891200 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Randy Bregman for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located 800 feet northeast of the northwest terminus of Weybridge Drive. Said parcel is located at 2424 London Bridge Road and contains 10 acres. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Only one single-family residence will exist on the property. A caretaker may reside in a detached existing building. 2. City services will not be provided. Garbage collection and maintenance of the road will be provided by the applicant. 3. An agreement stating these deed restrictions, subject to review and approval by the City Attorney, shall be recorded with the Clerk of the Circuit Court prior to the issuance of the building permit. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth Day of March, Nineteen Hundred and Eighty-nine. - 18 - Item IV-F.2.c. PUBLIC HEARING PLANNING Item # 30904 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 19 - Item IV-F.2.d. PUBLIC HEARING PLANNING Item # 30905 Nancy C. Dolan, 4508 Clyde Street, Phone: 363-2068 Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council ADOPTED the Ordinance upon application of DAVID L. AND NANCY C. DOLAN for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF DAVID L. AND NANCY C. DOLAN FOR A CONDITIONAL USE PERMIT FOR A SINGLE- FAMILY DWELLING IN THE AC-1 AGRICULTURAL DISTRICT R03891201 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of David L. & Nancy C. Dolan for a Conditional Use Permit for a single family dwelling in the AG-1 Agricultural District on certain property located on the east side of Blackwater Road, 2942.58 feet south of West Gibbs Road. Said parcel contains 9.6 acres. Plats with more detailed information are available in the Department of Planning. BLACKWATER BOROUGH. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth Day of March, Nineteen Hundred and EightV-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, @layor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 20 - Item IV-F.2.e. PUBLIC HEARING PLANNING Item # 30906 Letter from Ronald J. Mickiewicz, P.E. representing Mickiewicz-Robertson and Associates, Ltd., Consulting Engineers dated March 13, 1989, requesting WITHDRAWAL, is hereby made a part of the record. Upon motion by Vice Mayor Fentress, seconded by Councilwoman McClanan, City Council ALLOWED WITHDRAWAL of an Ordinance upon application of RICHARD L. PHIPPS, Sanders Development Company for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF RICHARD L. PHIPPS, SANDERS DEVELOPMENT COMPANY FOR A CONDITIONAL USE PER@IIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT (JIFFY LUBE) Ordinance upon application of Richard L. Phipps with Sanders Development Company for a Conditional Use Permit for an automobile repair establishment (Jiffy Lube) on certain property located on the south side of Dam Neck Road, 200 feet more or less west of General Booth Boulevard. Said parcel contains 19,101 square feet. Plats with more detailed information are available in the Department of Planning. PRINCESS ANNE BOROUGH. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None This item was MOVED FORWARD on the Agenda. - 21 - Item IV-F.2.f. PUBLIC HEARING PLANNING Iteri # 30907 Philip Rowland, 1873 Karen Lane, Phone: 491-2310 (W) Upon motion by Councilman Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of PHILIP A. ROWLAND for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF PHILIP A. ROWLAND FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT TO INCLUDE BODY SHOP R03891202 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Philip A. Rowland for a Conditional Use Permit for an automobile repair establishment to include body shop on the north side of Southern Boulevard, 270 feet more or less west of Sykes Avenue. Said parcel is located at 1444 Southern Boulevard and contains 8.92 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The applicant must obtain a variance from the Board of Zoning Appeals to the Category VI landscape screening requirement. 2. No outside storage of automobile parts or inoperative automobiles will be allowed. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth Day of March, Nineteen Hundred and Eighty-nine. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay; None Council Members Absent: None - 22 - Item IV-F.2.g. PUBLIC HEARING PLANNING Item # 30908 Delegate Glenn Croshaw, Phone: 490-6000, represented the applicant Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council APPROVED the Variance and request for a revision in the condition of a street closure for C & P TELEPHONE COMPANY: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for C & P Telephone Company. Property is located at the northwest intersection of Cape Henry Drive and North Great Neck Road. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH A N D, Application of Chesapeake & Potomac Telephone Company of Virginia, Inc. for the RECONSIDERATION of conditions placed on the application for the closure of a portion of Holly Avenue (now Cape Henry Drive) which was granted on October 10, 1988. More detailed information is available in the Department of Planning. LYNNHAVEN BOROUGH. The applicant is requesting RECONSIDERATION of the following condition, as the applicant does not intend to incorporate the subject site into the adjoining lot: Resubdivision of the property and vacation of internal lot lines to incorporate the closed area into adjoining parcels, as well as to ensure that all lots have access to a public street. The following condition shall be substituted: 1. The property shall be utilized only for a C & P switching station. - 23 - Item IV-H.2.g. PUBLIC HEARING PLANNING Item # 30908 (Continued) Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. @IcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker," John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Abstaining: Albert W. Balko Council Members Absent: None *Verbal Aye *"Councilman Balko ABSTAINED as he is retired from Chesapeake & Potomac Telephone Company - 24 - Item IV-F.2.h. PUBLIC HEARING PLANNING Item # 30909 Attorney R. J. Nutter, 2809 South Lynnhaven Road, Phone: 431-3100 represented the applicant LCDR Mark Terrell, NAS Oceana, Phone: 433-2408, registered in OPPOSITION but WITHDREW his OPPOSITION Upon motion by Cuncilman Balko, seconded by Vice Mayor Fentress, City Council ADOPTED an Ordinance upon application of PIPER APARTMENT ASSOCIATES, L.P. for a Conditional Zoning Classification: ORDINANCE UPON APPLICATTON OF PIPER APARTMENT ASSOCIATES, L.P. for A CONDITIONAL ZONING CLASSIFICATION FRO@L A-12 TO A-18 Z03891239 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA Ordinance upon application of Piper Apartment Associates, L.P., for a Conditional Zoning Classification from A-12 Apartment District to A-18 Apartment District on the south side of the Virginia Beach Toll Road, 2600 feet more or less west of North Birdneck Road on Lot 29A, Oceana Gardens. Said parcel contains 16.4 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The agreement encompassing the proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. 2. Installation of a fence at the corner of rental buildings, (as agreed to by Mr. John W. Ainslie). This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth Day of March, Nineteen Hundred and Eighty-nine. - 25 - Item IV-H.2.h. PUBLIC HEARING PLANNING Item # 30909 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None THIS AGREEMENT, made this day of January, 1989, by and between PIPER APARTMENT ASSOCIATES, L.P., a Virginia limited partnership (hereinafter referred to as Grantor), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as Grantee). W I T N B S S E T H WHEREAS, the Grantor has initiated an amendment to the Zoning Nap of the City of Virginia Beach, Virginia, by petition of the Grantor addressed to the Grantee, so as to change the classification of the Grantor's property from Multi-Family (A-12) to Multi-Family (A-18), on certain property containing 16.4 acres, more or less, in the Lynnhaven Borough, in the City of Virginia Beach, Virginia, more particularly described as follows: ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the Lynnhaven Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot 29A as shown on that certain plat entitled, "Amended Resubdivision of Lots 28 and 29 Oceana Gardens, M.B. 3, PG. 51, for Pipers Landing Associates, a Virginia Limited Partnership, Lynnhaven Borough, Virginia Beach, Virginia, January 22, 1987, Scale 111 = 100111, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2621 at Page 1027. Reference to said plat is hereby made for a more particular description of said property. IT BEING the same property conveyed to Piper Apartment Associates, L.P., a Virginia limited partnership, by Deed of Pipers Landing Associates, a Virginia limited partnership, dated October 5, 1987 and duly recorded in the aforesaid Clerk's Office in Deed Book 2679 at Page 945 and by GIO.D@NO . -111@. ICorrection Deed of Bargain and Sale dated February 11, 1988 recorded in the aforesaid Clerk's Office in Deed Book 709 at Page 1152. WHEREAS, the Grantee's policy is to provide only for the orderly development of land, for various purposes, including Multi-Family purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the subject property and at the same time to recognize the effects of the changes, and the need for various types of uses, including those listed above, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned A-18 are needed to cope with the situation which the Grantor's rezoning application gives rise to; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in the existing A-18 zoning district by the existing Comprehensive Zoning Ordinance, the following reasonable conditions related to the physical development and operation of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the property described above, which have a reasonable relation to the rezoning and the need for which is GIORD-. k "JILE. P.C A....... generated by the rezoning; and 2 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amehdment 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 said 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. 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 GIORD-. -.iLZ. P@c any element of compulsion of auid Dro cruo for zoning, 3 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 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. Grantor agrees that no more than 153 dwelling units may be constructed on the property. 2. All references hereinabove to the A-12 and A-18 districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of November 21, 1988, which is by reference incorporated herein. 3. The Grantor covenants and agrees that (1) the Zoning Administrator of the City of Virginia Beach, virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or GIORD@O "IILE. P.C proceedings; (2) the failure to meet all conditions shall A@ 4 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 CZO or this Agreement, the Grantor shall petition to the governing @ody 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 signatures and seals: PIPER APARTMENT ASSOCIATES, L.P., ie, Genetal Partner etal Partner By: Bernie Ji./Grablowskv, G eral Partner By:@ L. Bert Reavis, General Partner Sli@LEWOR@H. -UL.'F, GIORD-0 & "IILE. PC 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this all day of January, 1989 by John W. Ainslie, General Partner of Piper Apartment Associates, L.P. Nota'ry Public My Commission Expires:Augu@ @, lqqg. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this la 1-h day of January, 1989 by Jeffrey W. Ainslie, General PartRer-of Piper Apartment Associates, L.P. A iijj,)j Not-aW Public My Commission Expires:Augusi S. ICIC/2- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Subscribed and sworn to before me this @4-Aday of January, 1989 by Bernie J. Grablowsky, General Partner of Piper Apartment Associates, L.P. Notary Public my Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: subscribed and sworn to before me this day of Z.A January, 1989 by L. Bert Reavis, General Partner f Piper Apartment Associates, L.P. IU@L@WORTII. R.L.11, Notary Public IORDMO h "HLE. P.C A@ ...... my Commission Expires: 9 9 0 sks/docs/pip.proff 6 - 26 - Item IV-F.2.i. PUBLIC HEARING PLANNING Item # 30910 Attorney Robert Cromwell, Pembroke One, Phone; 499-8971, represented the applicant The following spoke in OPPOSITION: LCDR Mark Terrell, NAS Oceana, Phone: 433-2408. LCDR Terrell advised the subject site lies in the AICUZ Zone and High Noise Zone 3. Georgette Constant Davis, 110 82 Street, Phone: 422-2948 Upon motion by Councilinan Balko, seconded by Councilman Perry, City Council ADOPTED an Ordinance upon application of LINKHORN BAY DEVELOPMENT CORPORATION for a a Conditional Zoning Classification: ORDINANCE UPON APPLICATION OF LINKHORN BAY DEVELOPMENT CORPORATION FOR ACONDITIONAL ZONING CLASSIFICATION FROM A-12 to A-18 Z03891240 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINTA BEACH, VIRGINIA Ordinance upon application of Linkhorn Bay Development Corporation for a Conditional Zoning Classification from A-12 Apartment District to A-18 Apartment District on certain property located on the north side of the Virginia Beach Toll Road at the southern terminus of Freemac Drive. Said parcel contains 11.0761 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The agreement encompassing the proffers including limiting the density to 96 units (14.6 units per acre), sball be recorded with the Clerk of the Circuit Court and is hereby made a part of the proceedings. 2. A disclosure statement shall be provided to residents advising the application lies in the AICUZ significant accident potential and high noise zone area. This Ordinance shall be effective upon the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twentieth Day of March, Nineteen Hundred and Eighty-nine. - 27 - Item TV-H.2.i. PUBLIC HEARING PLANNING Item # 30911 Voting: 6-5 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, John L. Perry and William D. Sessoms, Jr. Council 14embers Voting Nay: Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf and Nancy K. Parker Council Members Absent: None Linkhorn Bay Development Corporation, a Virginia corporation TO (COVENANTS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this @@day of February, 1989, by and between Linkhorn Bay Development Corporation, a virginia corporation, collectively Grantor, party of the first part, and CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part, W I T N E S S E T H WHEREAS, the Grantor is the owner of a certain parcel of property located in the Lynnhaven Borough of the City of Virginia Beach, Virginia, containing 11.6945 acres, and which said property is more fully described in Schedule 'A" attched hereto and incorporated herein by this reference, said property hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the zoning classifi- cation of the property from A-12 District to A-18 District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including various residential purposes, through zoning and other land develo@ment legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of residential uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change and the need for recreational facilities and open space in the area, certain GUY,CROMWELL,BETZ reasonable conditions governing the use of the Property for the & LUSTIG. P.C. .IT ... 11. T L@. protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proferred, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning map relative and applicable to the Property, which has as reasonable relation to the rezoning and the need for which is generated by the rezoning; NOW, THEREFORE, the Grantor, for themselves, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or cluid 212 @ for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, their succes..,., personal representatives, assigns, grantees, and other successors in interest or title: 1. The Property shall be developed at a density not to exceed ninety-six (96) units. 2. The Property shall be developed in substantial conformance with the SITE DEVELOPMENT PLAN for HERON'S POINT APARTMENTS, Freemac Drive on Linkhorn Bay, Lynnhaven Borough, GUY, CROMWELL, BETZ Virginia Beach, Virginia, for Covington and Associates, dated LUSTIG. P.C. December 10, 1988, prepared by G. F. Sutton & Associates, Inc., and which said SITE DEVELOPMENT PLAN is on file with the City 2 of Virginia Beach, Department of Planning, OperationS BUilding, Room 115, 2405 Courthouse Drive, virginia Beach, Vir4inia 23456-9002. The above conditions, having been proferred by the Grantor and allowed and accepted by the Grantee as part of the amendment to the zoning ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the zoning ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised zoning ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. All references hereinabove to A-12 and A-18 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning ordinance and Subdivision Ordinance of the City of virginia Beach, Virginia, in force as of the l@-h day of February, 1989, which are by this reference incorporated herein. ;Uy, CROMWELL, BETZ The Grantor covenants and agrees that: & LUSTIG, P.C. .IT-..Yl T L.. (1) The Zoning Administ.rator of the City of Virginia Beach, Virginia, shall be ves@ed with all necessary authority, 3 on behalf of the governing body of the city of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions 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 these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting pro6eedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances 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 they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, virginia, and indexed in the names of the Grantor and the Grantee. The foregoing conditions and restrictions may also be enforced by any person residing in a nearby neighborhood or by any civic leagues representing any nearby neighborhoods, which civic leagues shall be deemed to be persons with standing to sue with respect to any legal action brought to enforce the foregoing conditions and restrictions. GUY, CROMWELL, BETZ & LUSTIG, P.C. 4 WITNESS the following signature and seal Linkhorn Bay Development Corporation, a virginia corpora By! -(SEAL) ige P. Covi President State of Virginia, City of Virginia Beach, to wit: ,pe fooregoing instrument was acknowledged before me this /@,@ dav f 1 1989, by Joe P. Covington, Jr., President of ay Development Corporation, on behalf of said corporation. my commission Expires LW GUY,CROMWELL.BETZ & LUSTIG, P.C. T L@. 0403b 5 Schedule "A" ALL THAT certain piece or parcel of land, situate in the Lynnhaven Borough of the City of Virginia Beach, Virginia, consisting of 11.6945 acres and being shown on a plat entitled "Physical Survey of Property for James Murphy", made by G. F. Sutton & Associates, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on July 12th, 1985, as Instrument No. 32550. (Said Property is also shown on Sheets 503-12 and 503-13, State Highway Project 0044-123-101, RW201, which sheets are recorded in the aforesaid Clerk's Office in Map Book 168, at page 37. IT BEING the same property conveyed to Linkhorn Bay Development Corporation, a Virginia Corporation, by Deed from Ameribanc Savings Bank (formerly known as First American Savings and Loan Association, a Virginia Corporation), dated November 7, 19 8 8 , recorded in Deed Book 2784 at page 0309. GUY, CROMWELL, BETZ 0403b & LUSTIG, P.C. 6 - 28 - Item IV-F.2.i. PUBLIC HEARING PLANNING Item # 30912 Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the applicant and requested said applications be REFERRED back to the Planning Commission for amendment to Conditional Zoning. Earl Scheib has not signed a final lease. Preliminary Development Package, from Sedel and Associates Realty, Salasky-Sedel, Inc. and letter from the President of the Oceana Community Civic League stating no opposition, is hereby made a part of the record. The following registered in favor of the application but did not speak: Patricia Y. Patterson, 1448 Hiteshew Place, Phone: 422-4323 LCDR Mark Terrell, NAS Oceana, Phone: 433-2408 Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council REFERRED BACK TO THE PLANNING COMMISSION to allow applicant to change application to "conditional zoning" and the applicant shall pay all advertising costs: Ordinance upon application of BAJA CORPORATION, a Virginia Corporation, for a Change of Zoning District Classification AND, Application of EARL SCHEIB REALTY CORPORATION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF BAJA CORPORATION, A VIRGINIA CORPORATION, FOR A CHANGE OF ZONTNG DISTRICT CLASSIFICATION FROM R-5D TO B-2 Ordinance upon application of BAJA Corporation, a Virginia Corporation, for a Change of Zoning District Classification from R-5D Residential Duplex District to B-2 Community Business District on certain property located on the south side of Virginia Beach Boulevard, 500 feet east of Oceana Boulevard Said parcel contains 1.52 acres. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. A N D, ORDINANCE UPON APPLICATION OF EARL SCHEIB REALTY CORPORATION FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE BODY/PAINT ESTABLISHMENT ON CERTAIN PROPERTY Ordinance upon application of Earl Scheib Realty Corporation for a Conditional Use Permit for an automobile body/paint establishment on certain property located on the south side of Virginia Beach Boulevard, 500 feet east of Oceana Boulevard. Said parcel contains 23,740 square feet. Plats with more detailed information are available in the Department of Planning. LYNNHAVEN BOROUGH. - 29 - item .2. pUBLic HEARING PLANNING Item # 30912 (Continued) Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress,4@ Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 30 - Item IV-F.2.k. PUBLIC HEARING PLANNING Item # 30913 William J. Holloran, Executive Director - Virginia Beach Council - Hampton Roads Chamber of Commerce, 4312 Virginia Beach Boulevard, Phone: 490-1221, read their Statement of Position Michael Tacoronte, 750 Lord Dunmore, Phone: 474-1300 Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City Council REFERRED BACK TO THE PLANNING COMMISSION: Ordinance to AMEND Section 211 of the City Zoning Ordinance of the City of Virginia Beach, pertaining to temporary signs, along with the Chamber of Commerce's proposal re "Baloons". Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council llembers Absent: Albert W. Balko 1 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY 2 ZONING ORDINANCE OF THE CITY OF VIRGINIA 3 BEACH, PERTAINING TO TEMPORARY SIGNS 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 5 BEACH, VIRGINIA: 6 That Section 211 of the City Zoning Ordinance of the 7 City of Virginia Beach, pertaining to temporary signs, be, and 8 hereby is, amended and reordained to read as follows: 9 Section 211. Signs permitted in all districts. 10 The following types of signs are exempted from all of the 11 provisions of this ordinance, except for illumination, 12 construction and safety regulations and the following standards: 13 * * * 14 (b) Temporary signs. 15 (1) Temporary signs announcing any public, charitable, 16 educational, or religious or other noncommercial event or 17 function, located entirely w-ith-i-n upon the premi-s@-ef,- 18 inatitdtion property on which such event or function is held and 19 set back no less than ten-1-1-61 seven (7) feet from the property 20 line, up-+@-a and having a maximum sign area of thirty-two (32) 21 square feet. Such signs shall be allowed no more than thirty 22 (30) days prior to the event or function and must be removed 23 within seven (7) days after the event or function. Such signs 24 may be illuminated in accordance with the restrictions set forth 25 is section 213 hereof. If building-mounted, these such signs 26 shall be flat wall signs and shall not project above the 27 roofline. If ground-mounted freestanding, the top height of any 28 such sign shall be no more than eight-tbf twelve (12) feet above 29 ground level. 30 (2) Temporary signs of a commercial nature announcing grand 31 openings or other special events or promotions, subject to the 3 2 limitations as to size, height and location set forth in 33 subdivision (1) hereof. Such signs shall be displayed no more 34 than twice per year by any business or establishment, nor for any 35 period in excess of seven (7) days. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the _ day of 1989. 38 WMM/dhh/epm 39 03/01/89 40 03/16/89 41 CA-89-3198 42 \ordin\proposed\45-21lczo.pro 2 - 31 - Item IV-F.2.1. PUBLIC HEARING PLANNING Item # 30914 William J. Holloran, Executive Director - Virginia Beach Council - Hampton Roads Chamber of Commerce, 4312 Virginia Beach Boulevard, Phone: 490-1221, read their Statement of Position (Said Statement of Position is hereby made a part of the record.) Attorney Morris Fine spoke in support of the proposal re "Corporate Flags". Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section Ill of the City Zoning Ordinance pertaining to the definition of the term "sign". A N D, REFERRED TO THE PLANNING COMMISSION: Proposal from the Chamber of Cornmerce re "Corporate Flags". Voting: 10-0 Council Members Voting Aye: John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara 14. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Albert W. Balko 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 111 OF 2 THE CITY ZONING ORDINANCE, PERTAINING TO THE 3 DEFINITION OF THE TERM "SIGN" 4 WHEREAS, the City of Virginia Beach has, for many 5 years, administratively distinguished signs from paintings, 6 murals and other pictorial representations on the basis of usage 7 for commercial purposes; and 8 WHEREAS, the present definition of the term "sign" in 9 the City Zoning Ordinance has become the subject of recent legal 10 controversy; and 11 WHEREAS, it is the intent of the City Council to 12 eliminate any doubt as to the meaning of the term "sign" as it is 13 used in the City Zoning ordinance and to adopt a formal 14 definition of the term which is in accordance with the 15 administrative interpretation of the term, but not to change the 16 meaning of the term; 17 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF 18 THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 That Section 111 of the City Zoning Ordinance be, and 20 hereby is, amended and reordained to read as follows: 21 Section 111. Definitions. 22 ... 23 Sign. Any-deviee-designed-to-inform-ar-attraet-the-attentien-ef 24 25 prov+.ded7-hewever7--that-fldgS--and-inSigMi&-ef-dnY-gevernment-er 26 menprofit-erganizationgT-emeept-when-displayed-in-eanneetien-with 27 28 the-reguidtions-hereint 29 Any structure, display, device or other object or thinq.1 30 including, but not limited to, any word, letter, series of words 31 or letters, painting, mural, logo, insignia, emblem, service mark 32 or other graphic or pictorial representation,@I,hich identifies or 33 advertises, or directs or attracts attention to, any product, 34 merchandise, service, business or establishment or which suggests 35 the identity or nature of any business or establishment or which 36 invites or proposes a commercial transaction. 37 WMM/dhh 38 SIGNDEF.ORD 39 CA-2929 40 10/04/88 @VED AS @O CONTEi@'fS APPROVED AS TO LEGAL ADOPTED: March 20, 1989 2 32 - Item TV-G.l. RESOLUTIONS Item # 30915 Larry Van Nostrand, 413 23rd Street, Phone: 428-1827 represented the Old Beach Civic Association, and extended appreciation to City Council Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council DEFERRED INDEFINITELY: Resolution to authorize the City Manager to execute and implement a one-way street system of Arctic Avenue northbound and Baltic Avenue southbound -- from 16th Street to 32nd Street at an estimated cost of $96,200. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, liarold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor illeyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay; None Council Members Absent: None - 33 - Item IV-G.2. RESOLUTIONS Item # 30916 Ken Taylor, representing CBN, Phone: 424-7777, registered but did not answer the call to speak. Upon motion by Councilman Baum, seconded by Vice Mayor Fentess, City Council ADOPTED: Resolution resolving that the Virginia Beach City Council supports and endorses Amendments to the Southeastern Virginia 2000 Highway Study. Voting: 10-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and William D. Sessoms, Jr. Council Members Voting Nay: None Council flembers Absent: John L. Perry RESOLUTION WHEREAS, the Southeastern Virginia 2000 Highway Study is being amended to serve as input to the state-wide Transportation Plan; WHEREAS, there are a number of proposed changes to the Region's existing 2000 Long Range Highway Plan; WHEREAS, the proposed Plan amendments are responsive to existing and anticipated travel patterns; WHEREAS, the City's Executive Committee member of the "MPO" has voted to endorse the Plan amendments at the March 15, 1989, MPO meeting; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council supports these amendments and thereby formally endorses the amendments to the Southeastern Virginia 2000 Highway Needs Study. Adopted by the Council of the City of Virginia Beach on 20 March the day of 1989. - 34 - Item IV-G.3. RESOLUTIONS Item # 30917 Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution referring to the Planning Commission proposed amendments to the Virginia Beach City Code: Ordinance to AMEND Sections 1403(c) and 1603 of the CZO re applications for permits for wetlands and coastal primary sand dunes Ordinance to AMEND Section 3.2 A.2 of the Site Plan Ordinance re procedure for Site Development Plan Approval Ordinance to AMEND and REORDAIN Sections 8.1, AND 8.3 re plat fees and subdivision variance fees Ordinance to AMEND and REORDAIN Sections 106(c), 107(g), AND 221(b) re appeals, variances, amendments, procedural requirements and general standards for conditional uses Ordinance authorizing and directing the Departments of Public Works and Public Utilities to increase fees for certain inspections Ordinance to AMEND and REORDAIN Section 3-24 re fees for permits for signs and other advertising devices Ordinance to AMEND and REORDAIN Section 33-113 re application processing fee for encroachments Ordinance to AMEND and REORDAIN Section 21-205 re special permits for oversize and overweight vehicles generally Ordinance to AMEND and REORDAIN Section 8-32, 8-33, and 8-34 re permit fees for plumbing permits, mechanical and gas permits and electrical permits Ordinance to AMEND and REORDAIN Section 8-31 re building permits and building permit fees Ordinance to AMEND and REORDAIN Section 33-71 and 33-72 re permit, inspection and guarantee fees The Planning Commission is to be sensitive to single-family home fee. Only under AG-1 does a Single-family home require a Conditional Use Permit. These particular fees are not to be increased. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None APPROVED AS TO CONtP@'t@ SIGIA@IE DEPARTMENT APPROVED AS TO LEGAL SOFFICIENCY AND FORM RESOLUTION FT WHEREAS, City Council is interested in a more equitable recovery of@ costs tbrough fees to users of current City services; and WHEREAS, City C@)uncil has fiunded certain development-related review activities and processes that currently do not recover their costs or a sul)stantial portion thereof, and WHEREAS, an analysis of@ development-related activities as well as recommended f@s to recover a portion ot' th()se costs is contained in the report "Development-Related Fees in the (@ity of* Virginia Beach," prepared by the Office of F?,esearch and Strategic Analysis, dated March, 1989; and WEEREAS, certain f@es contained in the aforementioned report must b(, reviewed and have recommendations from the Planning Commission priot- to City Council action: NOW, THEREFORE, BE IT RESOLVED, BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, that the attached proposed amendments to the City Code are hereby referred to the Planning Commission fi)t- its consideration and recommendation: Wetlands Permit Application Section t 403--Zoning Ot-dinance Coastal Primary Sand Dune Permit Applications Section 160,3--Zoning Ordinance Site Plan Review Section '3.2 A.2--Site Plan Ordinance Subdivision Review Section 8. 1--Subdivision Ot@dinance Subdivision Variance Section 8.3--Subdivision 01-dinance Zoning Vat-iance Section 106--Zoning Ordinance Change of@ Zoning Section 107--Zoning Orditiance Conditional Use Permits Section 221--Zoning Ordillance Subdivision Inspection Unnumbei-ed Water and Sewer Inspection Unnumbered The Planning Commission is herei)y requested to make its i,ecommendations to City Council within :10 days of' the date of@ this Resolution. Adopted by the Council of@ the City of@ Virginia Beach, Virginia, on the 20 day of* March 1989. SCHEDULE OF PROPOSED ORDINANCES AND PITOPOSED SCHEDULE FOII ADOP'I'ION Schedule of Exhibits--Proposed ordinances requiring Planning (@ominissioll action: Exhibit Wetlands Permit Application Section 1403--Zoning Ordinance Coastal Primary Sand Dune Permit Applications Section 1603--Zoning Ordinance Site Plan Review Section 3.2 A.2--Site Plan Ordinance Subdivision Review Section 8.1--Subdivision Ordinance Subdivision Variance Applications Section 8.3--Subdivision Ordinance Zoning Variance Applications Section 106--Zoning Ordinance Change of Zoning Applications Section 107--Zoning Ordinance Conditional Use Permits Applications Section 221--Zoning Ordinance Subdivision Inspection Unnumbered Water and Sewer Inspection Unnumbered Those i-equiring only City Council action: 6 Billboard Fees' Section 3-24--City Code 7 Encroachments- Section 33-113--City Code 8 Moving and Hauling of Oversize/Overweight Vehicles- Section 21-205--City Code 9 Plumbing, Mechanical, Gas. and Electrical Permits- Sections 8-32, 8-33 and B-34--City Code 10 Building Permits- Section 8-31--City Code 11 Site Permits (permit, inspection and guarantee fees) Sections 33-71 and 33-72--City Code Advertisement not required. PROPOSED SCHEDULE FOR ADOPTION Target Date Planning Comission: - 1st Required Advertisement (Exhibits 1-5) March 26 - 2nd Required Advertisement (Exhibits 1-5) April 2 - Regular Meeting(s) (additional special meetings(s) may be required at the discretion of the Planning Commission) April 11 C)t Council: -Resolution referring proposed ordinances to the Planning Commission (Exhibits 1-5 above) March 20 -1st required advertisement for Exhibit #11 above March 26 -2nd required advertisement for Exhibit #11 above April 2 -Council action on ordinances not requiring Planning Commission recommendations (Exhibits 6-11) April 17 -Recommendations received from the Planning Commission (Exhibits 1-5) April 20 -1st Required Advertisement (Exhibits 1-5) April 23 -2nd Required Advertisement (Exhibits 1-5) April 30 -Council action on Planning Comission recomendations (Exhibits 1-5) May 15 Exhibit 1 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 14 0 3 (c) ,AND 1603 OF THE CITY ZONING 3 ORDINANCE OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO APPLICATIONS FOR 5 PERMITS FOR WETLANDS, AND APPLICATIONS FOR 6 PERMITS FOR COASTAL PRIMARY SAND DUNES 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 Tliat Sections 1403(c) and 1603 of the City Zoning 11 ordinance of the City of Virginia Beach, virginia, are hereby 12 amended and reordained to read as follows: 13 14 Section 1403. Applications for permits. 15 (a) Any person who desires to use or develop any wetland 16 within this city, other than for those activities specified in 17 section 1402 above, shall first file an application for a permit 18 with the wetlands board directly or through the Commission. 19 (b) An application shall include the following: The name 20 and address of the applicant; a detailed description of tbe 21 proposed activity and a map, drawn to an appropriate and uniform 22 scale, showing the area of wetland directly affected, with the 23 location of the proposed work thereon, indicating the area of 24 existing and proposed fill and excavation, especially the 25 location, width, depth and length of any proposed channel and the 26 disposal area; all existing and proposed structures; sewage 27 collection an treatment facilities, utility installations, 28 roadways, and other related appurtenances or facilities, 29 including those on adjacent uplands, and the type of equipment to 30 be used and the means of equipment access to the activity site; 31 the names and addresses of owners of record of adjacent land and 32 known claimants of water rights in or adjacent to the wetland of 33 whom the applicant has notice; an estimate of cost; the primary 34 purpose of the project; any secondary purposes of the project, 35 including further projects; the public benefit to be derived from 36 the proposed project; a complete description measures to be taken 37 during and after the alteration to reduce detrimental offsite 38 effects; the completion date of the proposed work, project, or 39 structure and such additional materials and documentation as the 40 wetlands board may deem necessary. 41 (c) A nonrefundable processing fee to cover the cost of 42 processitig the application, 43 with-due 44 45 each-applicationt shall be set as follows: 46 1) From the effective date of this ordinance through 47 June 30, 1990, seven tenths of one percent (.7%) of the 48 total construction value of the permit item for commercial 49 applications with a minimum fee of two hundred dollars 50 ($200.00) and one quarter of one percent (.25%) of the total 51 construction value of the permit item for residential 52 applications with a minimum fee of one hundred dollars 53 ($100.00). 54 2) From and after July 1, 1990, one and four tenths 55 percent (1.4%) of the total construction value of the permit 56 item for commercial applications with a minimum fee of two 57 hundred dollars ($200.00) and one half of one percent (.50%) 58 of the total construction value of the permit item for 59 residential applications with a minimum fee of one hundred 60 dollars ($100.00). 61 3) These fees shall apply to original applications, 62 re-applications and requests for variance approval after the 63 fact. 64 65 Section 1603. Applications for permits. 66 Any person who desires to use or alter any coastal primary 67 sand dune within the City of Virginia Beach, other than for those 68 activities specified in section 1602 herein, shall first file an 69 application with the wetlands board at the office of the city 70 engineer in accordance with section 4 of Section 62.1-13.5 of the 71 Code of virginia. The-wetlands-@-rd-may -i@ 72 2 73 of-Virginiav A nonrefundable processing fee to cover the cost of 74 processing the application, shall be set as follows: 75 1) From the effective date of this ordinance through 76 June 30, 1990, seven tenths of one percent (.7%) of the 77 total construction value of the permit item for commercial 78 applications with a minimum fee of two hundred dollars 79 ($200.00) and one quarter of one percent (.25%) of the total so construction value of the permit item for residential 81 applications with a minimuin fee of one hundred dollars 82 ($100.00). 83 2) From and after July 1, 1990, one and four tenths 84 percent (1.4%) of the total construction value of the permit 85 item for commercial aP21ications with a minimum fee of two 86 hundred dollars ($200.00) and one half of one percent (.50%) 87 of the total construction value of the permit item for 88 residential applications with a minimum fee of one hundred 89 dollars ($100.00). 90 3) These fees shall apply to original applications, 91 re-applications and requests for variance approval after the 92 fact. 93 No person shall be required to file two (2) separate 94 applications for permits, if the project to be undertaken would 95 require that a permit be filed in accordance with Section 62.1- 96 13.5 of the Code of Virginia as well as this article. Under such 97 circumstances, the fee accompanying the application required by 98 Section 62.1-13.5 shall also be the fee for the purpose 6f this 99 article. 100 101 Adopted by the Council of the City of Virginia Beach, 102 Virginia, on the day of 1989. 103 104 KJC/epm 105 03/10/89 106 CA-3216 107 \ordin\proposed\45-1403et.pro 3 Exhibit 2 1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 2 3.2 A.2 OF THE SITE PLAN ORDINANCE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING 4 TO PROCEDURE FOR SITE DEVELOPMENT PLAN 5 APPROVAL 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That Section 3.2 A.2 of the Site Plan Ordinance of the 10 City of Virginia Beach, Virginia, is hereby amended and 11 reordained to read as follows: 12 Section 3.2. Procedure for site development plan approval: 13 A.l. The developer shall cause to be prepared a site 14 development plan with other material as set forth in 15 sections 4 and 5. 16 A.2. 17 18 19 20 of -the-@-ty-. At the time the site development plan is 21 presented, the following fees shall be due and payable 22 from the effective date of this ordinance through June 23 30, 1990: 24 a) Residential site plan for two (2) or more 25 residences - five hundred dollars ($500.00) plus forty 26 dollars ($40.00) per unit on the first twenty (20) 27 residential units and twenty dollars ($20.00) per unit 28 on all residential units over twenty (20). 29 b) Non-residential site plan - one thousand dollars 30 ($1,000.00) plus forty dollars ($40.00) per acre on the 31 first twenty (20) acres and twenty dollars ($20.00) per 32 acre for each additional acre or part thereof over 33 twenty (20). 34 c) Duplex site plan - four hundred dollars ($400.00). 35 d) There shall be no site plan review fee charged for 36 a site plan encompassing only one (1) single family 37 dwelling unit. 38 e ) There shall be no resubmission fee for any site 39 plan resubmitted within sixty (60) days of the date of 40 completion of the prior review. 41 From and after July 1, 1990, the following fees shall be due 42 and payable at the time the site development plan is presented: 43 a) Residential site plan for two (2)- or more 44 residences - two thousand seven hundred dollars 45 ($2,700.00) plus forty dollars ($40.00) per unit on the 46 first twenty (20) residential units and twenty dollars 47 ($20.00) per unit on all residential units over twenty 48 (20). 49 b) Non-residential site plan - three thousand dollars 50 ($3,000.00) plus eighty dollars ($80.00) per acre on 51 the first twenty (20) acres and twenty dollars ($20.00) 52 per acre for each additional acre or part thereof over 53 twenty (20). 54 c) Duplex site plan - four hundred dollars ($400.00). 55 d) There shall be no site plan review fee charged for 56 a site plan encompassing only one (1) single family 57 dwelling unit. 58 e) There shall be no resubmission fee for any site 59 plan resubmitted within sixty (60) days of the date of 60 completion of the prior review. 61 All fees shall be payable to the city treasurer. 62 B. After the site development plan, related rnaterials and 63 fees have been submitted, it shall be reviewed and 64 processed by the city agent and other affected city 65 agencies for conformity to this ordinance and other 66 applicable regulations. The city agent shall act upon 67 the site development plan and related material as 68 submitted by the developer, or as modified by the site 69 development review process, within twenty (20) working 70 days, unless extensive modification to the plan or 71 extenuating circumstances require additional time, and 72 if approved, shall certify its approval and state the 2 73 conditions of such approval, if any, or if disapproved, 74 shall indicate its disapproval and the reasons 75 therefor. 76 .... 77 78 Adopted by the Council of the City of Virginia Beach, 79 Virginia, on the day of 1989. 80 81 KJC/epm 82 03/10/89 83 03/15/89 84 CA-3212 85 \ordin\proposed\46-003-2.pro Exhibit 3 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 8.1, AND 8.3 OF THE SUBDIVISION ORDINANCE OF 3 THE CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO PLAT FEES AND SUBDIVISION 5 VARIANCE FEES 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That Sections 8.1 and 8.3 of the Subdivision Ordinance 10 of the City of Virginia Beach, Virginia, is hereby amended and 11 reordained to read as follows: 12 Section 8.1. Plat fees. 13 14 15 thirty-4-ive 16 17 --p@@ided F-- 18 19 payable-to-the-treasurer-cf-the-cityT 20 (a) At the time preliminary subdivision plats are 21 submitted, the following fees shall be due and payable from the 22 effective date of this ordinance through June 30, 1990: 23 1) Residential two (2) lot plats - two hundred dollars 24 ($200.00). 25 2) Residential three (3) to (5) five lot plats - five 26 hundred dollars ($500.00) plus one hundred dollars ($100.00) 27 per lot. 28 3) Residential six (6) or more lot plats - five 29 hundred dollars ($500.00) plus thirty dollars ($30.00) per 30 lot on the first thirty (30) lots and five dollars ($5.00) 31 per lot on all lots over 32 4) Non-residential plats - one thousand dollars 33 ($1,000.00) plus twenty dollars ($20.00) per lot. 34 (b) At the time preliminary subdivision plats are 35 submitted, the following fees shall be due and payable from and 36 after July 1, 1990: 37 1) Residential two (2) lot plats - two hundred dollars 38 ($200.00). 39 2) Residential three (3) to five (5) lot plats - five 40 hundred dollars ($500.00) plus one hundred dollars ($100.00) 41 per lot. 42 3) Residential six (6) or more lot plats - two 43 thousand two hundred fifty dollars ($2,250.00) plus forty 44 dollars ($40.00) per lot on the first thirty (30) lots and 45 fifteen dollars ($15.00) per lot on all lots over thirty 46 (30). 47 4) Non-residential plats - three thousand two hundred 48 fifty dollars ($3,250.00) plus three hundred dollars 49 ($300.00) per lot on the first four (4) lots and fifty 50 dollars ($50.00) per lot on all lots over four (4). 51 (c) At the time final subdivision plats are submitted, the 52 following fees shall be due and payable from the effective date 53 of this ordinance through June 30, 1990: 54 1) Residential six (6) or more lot plats - five 55 hundred dollars ($500.00) plus thirty dollars ($30.OQ) 56 per lot on the first thirty (30) lots and five dollars 57 ($5.00) per lot on all lots over thirty (30). 58 2) Non-residential plats - one thousand dollars 59 ($1,000.00) plus twenty dollars ($20.00) per lot. 60 (d) At the time final subdivision plats are submitted the 61 following fees shall be due and payable from and after July 1, 62 1990: 63 1) Residential six (6) or more lot plats - two 64 thousand two hundred fifty dollars ($2,250.00) plus 65 forty dollars ($40.00) 2er lot on the first thirty (30) 66 lots and fifteen dollars ($15.00) per lot on all lots 67 over thirty (30). 68 2) Non-residential plats - three thousand two hundred 69 fifty dollars ($3,250.00) plus three hundred dollars 70 ($300.00) per lot on the first four (4) lots and fifty 71 dollars ($50.00) per lot on all lots over four (4). 2 72 (e) If an applicant, at any time during subdivision review, 73 submits a revised plan or portion thereof, or makes a change to 74 the plan under review, such. revision shall be accompanied by a 75 fee of two hundred dollars ($200.00) per sheet that is revised or .76 changed. 77 (f) If a subdivision plat does not create a greater number 78 of lots, such plat when submitted shall be accompanied by the 79 following fees: 80 1) Residential plat - fifty dollars ($50.00). 81 2) Non-residential plat - two hundred dollars 82 ($200.00). 83 (g) When a plat is submitted encompassing land within a 84 community development target area, no plat fee shall be due from 85 property owners who qualify as low and moderate income as 86 determined by the secretary of housing and urban development or 87 by the Virginia Housing Development Authority under one (1) or 88 more of their rental assistance or homeowner mortgage programs. 89 Through agreement with the city, waiver of plat fees may also be 90 provided to builders who are building under the aforementioned 91 programs for low and moderate income families. 92 (h) All fees shall be payable to the city treasurer. 93 94 Section 8.3. Subdivision variance fees. 95 Any-a 96 97 98 Any appeal for a variance shall be accompanied by the 99 following fees to cover the costs of processing the appeal and 100 publication of the notice of public hearing: 101 1) From the effective date of this ordinance through 102 June 30, 1990, three hundred eighty five dollars ($385.00). 103 2) From and after Jul.y 1, 1990, seven hundred seventy- 104 five dollars ($775.00). 105 3 106 Adopted by the Council of the City of Virginia Beach, 107 Virginia, on the day of 1 1989. 108 109 KJC/epm 110 03/10/89 ill 03/15/89 112 CA-3209 113 \ordin\proposed\47-008-ietc.pro i Exhibit 4 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 106(c), 107(g), AND 221(b), OF THE CITY 3 ZONING ORDINANCE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO APPEALS AND 5 VARIANCES, AMENDMENTS, AND PROCEDURAL 6 REQUIREMENTS AND GENERAL STANDARDS FOR 7 CONDITIONAL USES 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 That Sections 106(c), 107(g), and 221(b) of the City 12 Zoning Ordinance of the City of Virginia Beach, Virginia, are 13 hereby amended and reordained to read as follows: 14 15 Section 106. Appeals and variances. 16 .... 17 (c) Every appeal to the board of zoning appeals shall be 18 accompanied by a fee of one hundred dollars ($100.00) which shall 19 be applied to the costs of advertising and expenses incidental to 20 reviewing, publishing and reporting the facts. From and after 21 July 1, 1990, this fee shall be increased to one hundred thirty- 22 five dollars ($135.00). 23 .... 24 25 Section 107. AlTiendments. 26 .... 27 (g) Fee. A petition of any property owner to amend, 28 supplement or change the regulations, district boundaries, or 29 classification of property shall be accompanied by a--fee @-@ 30 ee5L--oE-pttbli:eat4:em 31 Of @.----Howevet-,--etny 32 pet+tion- as -an 33 amendm,"-t--to--a-it- -@-t@-seet-ion 34 le:ifht- -doilars 35 f$566TO6tT the following fee: 36 (1) From the effective date of this ordinance through June 37 30, 1990, five hundred fifty dollars ($550.00) plus ten dollars L 38 ($10.00) per acre for each acre or part thereof over one hundred 39 (100) acres. 40 (2) From and after July 1, 1990, six hundred fifty dollars 41 ($650.00) plus twenty dollars ($20.00) per acre for each acre or 42 part thereof over one hundred (100) acres. 43 This Eee covers the cost of processing the petition and 44 publication of notice of public hearing. 45 .... 46 47 Section 221. Procedural requirements and general standards for 48 conditional uses. 49 50 .... 51 (b) Fees. The application shall be accompanied by a-fee-of 52 one- -of 53 the 54 following fees to cover the costs of processing the application 55 and publication of the notice of public hearing: 56 1) From the effective date of this ordinance through 57 June 30, 1990, six hundred dollars ($600.00) for all 58 applications except those either submitted by a non-profit 59 organization or an application for a home occupation under s 60 234 of the city zoning ordinance. The fee for these 61 applications shall be one hundred twenty-five dollars 62 ($125.00). 63 2) From and after July 1, 1990, one thousand two 64 hundred twenty-five dollars ($1,225.00) for all applications 65 except those either submitted by a non-profit organization 66 or an application for a home occupation under SS234 of the 67 city zoning ordinance. The fee for a non-profit 68 organization application shall be three hundred fifty 69 dollars ($350.00). The fee for a home occupation shall be 70 one hundred twenty-five dollars ($125.00). 71 72 .... 73 2 7 4 Adopted by the Council of the City of Virginia Beach, 75 Virginia, on the day of 1989. 76 77 KJC/epm 78 03/10/89 79 CA-3208 80 \ordin\proposed\45-106etc.pro 3 Exhibit 5 1 AN ORDINANCE AUTHORIZING AND DIRECTING THE 2 DEPARTMENTS OF PUBLIC WORKS AND PUBLIC 3 UTILITIES TO INCREASE FEES FOR CERTAIN 4 INSPECTIONS 5 WHEREAS, pursuant to Section 8.2 of the Subdivision 6 Ordinance and Section 7A.1 of the Site Plan Ordinance, permit and 7 inspection fees not specified within the City Code are to be 8 based on cost, as determined by the agency involved; and 9 WHEREAS, the current inspection fees charged by the 10 City for subdivisions are 1% of the estimated construction costs 11 for Public Works inspection and 2% of the estimated construction 12 costs for Public Utilities inspections and fees charged by the 13 City for site plans are $16.50 per hour for Public Works 14 inspections and $22.00 per hour for Public Utilities inspections; 15 and 16 WHEREAS, a report prepared by City staff demonstrates 17 that these current fees do not recover actual costs expended by 18 the City in providing these services; and 19 WHEREAS, the City has the power to impose inspection 20 fees to recover all its costs expended in providing these 21 services, but chooses to recover a lesser amount at this time: 22 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 1. The Department of Public Works is hereby authorized 25 and directed to increase its fee for inspections pursuant to 26 Section 8.2 of the Subdivision ordinance from 1% of the estimated 27 construction costs to 1.8% of the estimated construction costs 28 and pursuant to Section 7A.1 of the Site Plan Ordinance from 29 $16.50 per hour to $40.00 per hour. 32 2. The Department of Public Utilities is hereby 33 authorized and directed to increase its fee for inspections 34 pursuant to Section 8.2 of the Subdivision Ordinance from 2% of 35 the estimated construction costs to 5% of the estimated 36 construction costs and pursuant to Section 7A.1 of the Site Plan 37 Ordinance from $22.00 per hour to $40.00 per hour. 38 KJC/dhh 39 03/15/89 40 CA-89-3211 41 \ordin\proposed\inspfee.ord 2 Exhibit 6 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 3-24 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO FEES FOR PERMITS FOR 5 SIGNS AND OTHER ADVERTISING 6 DEVICES 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 3-24 of the Code of the City of Virginia 11 Beach is hereby amended and reordained to read as follows: 12 13 14 Section 3-24. Fee. 15 16 Each application for a permit under this article shall 17 be accompanied by a permit fee of twenty- 18 three dollars ($23.00). 19 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the day of 1989. 22 23 KJC/epm 24 03/09/89 25 CA-03204 26 \ordin\proposed\03-024.pro 27 28 Exhibit7 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 33-113, OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO APPLICATION 5 PROCESSING FEE FOR ENCROACHMENTS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 33-113 of the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 33-113. Application; processing fee. 14 15 Applications for encroachments into public streets and 16 other public ways, places or property shall be made to the 17 department public works. A fee of one hundred fifty dollars 18 f$100700t ($150.00) shall be paid to the city for the processing 19 of an application for an encroachment into any public street or 20 other public way, place or property. The director of public 21 works or his authorized representative shall not accept any 22 application unless such fee be paid at the time the application 23 is filed. The department of public works is hereby authorized 24 and directed to prepare and adopt a procedure for the processing 25 of such applications and the reporting to city council of any 26 detrimental effect which a requested encroachment may have on the 27 public health, safety, welfare or interest. 28 City council may deny or grant permission to encroach 29 subject to such terms and conditions as city council may, in its 30 discretion, deem proper. Notwithstanding any other provision of 31 law, city council shall deny any encroachment request it 32 determines, in its discretion, to be detrimental to the public 33 health, safety, welfare or interest. 34 Permission by city council granted hereunder to any 35 person to construct and maintain an encroachment into any public 36 street or other public way, place or property shall not relieve 37 such person or encroachment of complying with all other 38 applicable laws, regulations and requirements. 39 40 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on the day of , 1989. 43 44 KJC/epm 45 03/10/89 46 CA-03207 47 \ordin\proposed\33-113.pro r ill i@ 2 Exhibit 8 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 21-205 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO SPECIAL PERMITS FOR 5 OVERSIZE AND OVERWEIGHT VEHICLES 6 GENERALLY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 21-205 of the Code of the City of Virginia 11 Beach is hereby amended and reordained to read as follows; 12 13 14 Section 21-205. Special permits for oversize and overweight 15 vehicles generally. 16 17 (a) The city manager may, in his discretion, upon 18 application in writing accompanied by a fee of twenty-five 19 ($25.00) dollars to cover the cost of processing the application, 20 except for the permits referenced below, and good cause being 21 shown therefor, issue a special permit in writing authorizing the 22 applicant to operate or move a vehicle upon the highways of the 23 city of a size or weight exceeding the maximum specified in this 24 article. Except as otherwise specifically provided, every such 25 permit may designate the route to be traversed and conta,in any 26 other restrictions or conditions deemed necessary by the city 27 manager. 28 (b) Special permits to operate or move a vehicle upon 29 the highways of the city of a weight exceeding the maximum 30 specified in this article shall be granted without cost where the 31 vehicle is hauling or carrying containerized cargo in a sealed, 32 seagoing container bound to or from a Virginia seaport and has 33 been or will be transported by marine shipment, provided the 34 single axle weight does not exceed twenty thousand (20,000) 35 pounds, the tandem axle weight does not exceed thirty-four 36 thousand (34,000) pounds and the gross weight does not exceed 37 seventy-eight thousand (78,000) pounds, and provided the contents 38 of such seagoing container are not changed from the time it is 39 loaded by the consignor or his agents to the time it is delivered 40 to the consignee or his agents. Cargo moving in vehicles 41 conforming to specifications shown in this subsection but 4 2 exceeding axle and gross weight limitations shown in this 43 subsection shall be considered irreducible and eligible for 44 permits under regulations of.the state highway and transportation 45 commission. The requirement of this paragraph that the container 46 be bound to or from a Virginia seaport need not be met if the 47 cargo in the container (i) is destined for a seaport outside 48 Virginia and (ii) consists wholly of farm products grown in that 49 part of Virginia separated from the larger part of the 50 commonwealth by the Chesapeake Bay. 51 (c) The city manager upon application in writing made 52 by the owner or operator of three-axle vehicles used exclusively 53 for the mixing of concrete in transit or at a project site or for 54 transporting necessary components in a compartmentalized vehicle 55 to produce concrete immediately upon arrival at the project site, 56 and having a gross weight not exceeding sixty thousand (60,000) 57 pounds, a single axle weight not exceeding twenty thousand 58 (20,000) pounds, and a tandem axle weight not exceeding forty 59 thousand (40,000) pounds, shall issue to such owner or operator, 60 without cost, a permit in writing authorizing the operation of 61 such vehicles upon the highways of the city. No such permit 62 shall be issued authorizing the operation of the vehicles 63 enumerated in this subsection for a distance of more than twenty- 64 five (25) miles from a batching plant; however, the said permit 65 shall not designate the route to be traversed nor contain 66 restrictions or conditions not applicable to other vehicles in 67 their general use of the highways. 68 (d) The city manager, upon application in writing made 69 by the owner or operator of three-axle passenger buses, 70 consisting of two (2) sections joined together by an articulated 71 joint with the trailer being equipped with a mechanically steered 72 rear axle, and having a gross weight not exceeding sixty thousand 73 (60,000) pounds, a single axle weight not exceeding twenty-five 74 thousand (25,000) pounds and a width not to exceed one hundred 75 two (102) inches, shall issue to such owner or operator, without 76 cost, a permit in writing authorizing the operation of such 77 vehicles upon the highways. 2 78 (e) No permit issued under this section providing for 79 a single axle weight in excess of twenty thousand (20,000) pounds 80 or for a tandem axle weight in excess of thirty-four thousand 81 (34,000) pounds shall be issued to include travel on the federal 82 interstate system of highways. 83 (f) Each vehicle, when loaded according to the 84 provisions of a permit issued under this section, shall be 85 operated at a reduced speed. The reduced speed limit shall be 86 ten (10) miles per hour slower than the legal speed limit in 87 fifty-five (55), forty-five (45) and thirty-five (35) miles per 88 hour speed limit zones. 89 (g) Every permit issued under this section shall be 90 carried in the vehicle to which it refers and shall be open to 91 inspection by any officer and it shall be a misdemeanor for any 92 person to violate any of the terms or conditions of such special 93 permit. 94 95 Adopted by the Council of the City of Virginia Beach, 96 Virginia, on the day of 1989. 97 98 KJC/epm 99 03/09/89 100 CA-03203 101 \ordin\proposed\21-205.pro 102 103 3 3 Exhibit 9 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 8-32, 8-33, and 8-34 OF 3 THE CODE OF THE CITY OF VIRGINIA 4 BEACH, VIRGINIA, PERTAINING TO 5 PERMIT FEES FOR PLUMBING PERMITS, 6 MECHANICAL AND GAS PERMITS AND 7 ELECTRICAL PERMITS. 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 8-32, 8-33, and 8-34 of the Code of the 12 City of Virginia Be6ch is hereby amended and reordained to read 13 as follows: 14 15 16 Section 8-32. Same - Plumbing permits. 17 18 (a) The fee for a permit for plumbing work, as 19 required by the building code, shall be ten fifteen dollars 20 f$10700t ($15.00) and, in addition thereto, the following: 21 (1) Each plumbing fixture, floor drain 22 or tap: Four dollars ($4.00). 23 (2) Each house sewer connection: Ten 24 dollars ($10.00). 25 (3) Each house water connection: Ten 26 dollars ($10.00). 27 (4) Each septic tank or drajnfield: 28 Twenty-five dollars ($25.00). 29 (5) On-site sanitary sewer collector 30 lines, per building: Fifty dollars 31 ($50.00). 32 (6) On-site portable water distribution 33 lines, per building: Fifty dollars 34 ($50.00). 35 (b) The fees prescribed in this section shall be in 36 addition to the sewer and water connection fees and charges 37 provided for in chapters 28 and 37 of this Code. 38 39 Section 8-33. Same - Mechanical and gas permits. 4 0 The minimum fee for any mechanical or gas permit 41 required by the building code shall be ten fifteen dollars 4 2 f $1670,81 ($ 1 5 .0 0) with the exception that the fee for the 43 installation of gas outlets for a gas piping system shall be ten 44 fifteen dollars f$10706t ($15.00), plus two dollars ($2.00) for 45 each additional outlet over two (2). For the installation or 46 replacement of mechanical systems or equipment, the fee shall be 47 at the rate of four dollars ($4.00) per one thousand dollars 48 ($1,000.00) of the current value of all service, labor, materials 49 and equipment. 50 51 Section 8-34. Same - Electrical permits. 52 (a) The fee for a permit for electrical work, as 53 required by the building code, shall be as specified in this 54 section. 55 (b) There shall be charged a minimum fee of ten 56 fifteen dollars f$10700t ($15.00) for each permit issued. 57 (c) For a permit issued for a temporary service, such 58 as a trailer, house meter or meter loop added to an existing 59 serviceT-'n@-@ the fee shall 60 be ten fifteen dollars f$10700t ($15.00). P o r - -s uc h- d- @@-t- -f@ 61 t h a s e - + efn@-r a r y- F-L-he-fee 62 shall-be-fifteen-dollers-f$15TOOfT 63 (d). For a permit for any special condition, such as 64 and including buildings moved, swimming pools, carnivals, 65 services relocated but not increased and the like, the fee shall 66 be a minimum of ten fifteen dollars f$1070ot ($15.00). The fee 67 for a permit for prefabricated buildings for out-of-city use 68 shall be twenty dollars ($20.00). 69 (e) For a permit issued for original construction, the 70 following fees include all equipment outlets only if specifically 71 listed on the application and installed by the permit holder 72 before the final inspection, such fees being based on the maximum 73 current carrying capacity of each set or subset of service 74 conductors installed, to the nearest fifty (50) amperes: 75 (1) Single phase: Fifteen dollars 76 ($15.00) per fifty (50) amperes. 2 77 (2) Three (3) phase: Twenty dollars 78 ($20.00) per fifty (50) amperes for 79 the first one thousand (1,000) 80 amperes and ten dollars ($10.00) 81 per ampere in excess of one 82 thousand (1,000) amperes. 83 When services are increased or phases added, the fee shall be 84 one-half the rate above, plus the added equipment fee. For fee 85 purposes, the service-panel nameplate amperage rating shall be 86 used. 87 (f) The following fees shall apply in regard to a 88 permit with reference to wiring or equipment connected to an 89 existing service. For each piece of equipment connected and for 90 each circuit or feeder installed, extended, relocated or 91 repaired, the fee shall be: 92 Amperes Conductor Size Fee 93 0-- 30 #14, 12, 10 $ 3.00 each 94 31-- 60 #B, 6 $ 4.00 each 95 61--100 #4, 3, 2 $ 5.00 each 96 101--200 #1, 0, 00, 000 $10.00 each 97 Over 200 Over 000 $15.00 each 98 (g) On any electrical work commenced before an 99 electrical permit has been issued and the requisite fee paid 100 therefor, a civil penalty of twenty-five fifty dollars f$257@Ot 101 ($50.00) per unit shall be added to the fee due. Payment of such 102 penalty shall not in any way relieve the violator from such 103 penalties as may be imposed by the courts. 104 105 Adopted by the Council of the City of Virginia Beach, 106 Virginia, on the day of 1989. 107 108 KJC/epm 109 03/09/89 110 03/15/89 ill CA-03205 112 \ordin\proposed\08-032ETC.pro 3 Exhibit 10 r 7 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 8-31 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO BUILDING PERMITS AND 5 BUILDING PERMIT FEES. 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 8-31 of the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 8-31. Permit fees - Building permits. 14 15 (a) It shall be unlawful for any person to construct, 16 enlarge, alter, repair or demolish a any building or structure 17 18 by as defined in the Virginia Uniform Statewide 19 Building Code, without first obtaining the- @ a building 20 permit therefor7 and paying the permit fees as-hereby-established 21 and set out forth in the--f@4@-ng- this section7 22 and--i@ 23 building-cbde. 24 (b) The minimum fee for any building permit shall be 25 ten fifteen dollars f$10700t .00 . 26 (c) For the construction of any building or addition 27 thereto where the floor area is increased and for the 28 installation or erection of any industrialized building unit, the 29 fee shall be based on the floor area to be constructed, as 30 computed from exterior building dimensions at each floor, as 31 follows: 32 fi+--ResiAentialt 33 a-r -feet 34 35 36 37 38 b7 39 40 i--the 41 @-twenty 42 43 t hed sand - 5qua re- -f@-Pld 9 44 f ive- h ti nd red 45 46 ev per--fi7,ce- 47 t e@ @ft e -- hd@@d t h@&rt d 48 Lhe --f-ee 49 s@L-Y 50 d he--fi " t 51 EiVe- -f57666t- -feet 52 P-lt2s 53 54 thereeft 55 For-@ 56 Sqdare-7f 57 be--@trr- 58 f $ -4-,@& 7 iB -O-)- - -f@ - 59 htindred- 60 61 h ti ii 8-r@ - sqdtff@ - i ee+-- -o r - -f-r-&e L- i7c n 62 thereCE7-Withodt-lifflitT 63 f 2t--Btisime"-atnd-mereantileT 64 ft7 -feet 65 66 f 2 7 e 0 0 67 b e- - s @rt - -4 o -1 -1@" - - " -7 r 68 h ti nd-r@ - sqti@@ - f ee +-- o r - -f- r-& c t- i7 c n 69 thereefv 70 bT P o r - - t w o - - L-h (5 Lt s a n el - - @ Z0 0 0tt a r e 71 fe@-@-@- and 72 thottsand-@-l@,@- -@t-;- - t h e 73 f e e - - @ h et 4 i - - b e - -o n e - -ittr n 8 r e d - - f-t5 r t y 74 dollars-f$i4676Of-for-the-fir@t-tW(5 75 t h o t 9 a m d - -(-2-,@)- - s q u a r e - -pits 2 7 6 77 78 CT- Po-r--@ft- 79 80 81 the-fee-shall-be-six-hundred-twenty 82 83 thc)usand-l-l@,@- -@t--p3:tts 84 85 86 d-. Per- f-@ - -t -f257000t 87 s q u a r e - f ee t - s h a -1 3: 88 be--on@--t a nd- - t h-r@ - r-ed 89 90 E4:r5t-twenty-five-thousand-f2570@Ot 91 5 q@ --f@L- t-- -P -Id-5- - -f @@a7r' 5 92 f$47@0t-@- -@L--or 93 94 f-3t--institttionsT 95 aT P o r - @ -itttnd@ - f, e e L- 96 u p and- - i.@ 1-@ i7rM -t h a d s a n d 97 98 99 h u nd-r@ - squtff@ - fe e-t- -o r - -f- r-a7c L- i 0 n 100 thereoft 101 b-. 102 103 i--the 104 105 106 thousand-l-$-ii@- -@t--plus 107 108 109 eT Pof --f-i7ve- 110 n@@@-twenty ill thatisand--(-2@,@- -@L-F--the 3 11 2 f 113 de-l-l@@-i 114 f ive- -tsToeot- -feet 115 p -1 ti s - -f-i@ - @ 1- 4: -a-r@ - -re r 116 h t -nd-r@ - isq t@@ - f e e + - - e) r - -f-r-are t i o n 117 there(5f T 118 dT Fe)r-twenty-the)usand-f297666t-square 119 feet-e-r-@@,-@@@a7l-l--be-one 120 thettand-@@-p@1-1-a-@-f$17060760f 121 f-,"--+-@-@"C---L-we-n-t@--t a7ftd 122 f -2 -O-, @)- - @a7" - -@ e - -@o tt r 123 d o 3: 1- a r s - I -s-4-.4H - @ @@@ - s q u a r e 124 feet-@-fraction- j--withott 125 126 f4t--AssemblyT 127 87 -f-eet 128 u p - -a nd- - i7@l-@ i-n - h a n d 129 f ITOOBt-'S'gtia-f@ 130 131 132 thereeft 133 bT 134 135 thousand-@@, )--square- i--the 136 137 138 139 @-sqtare 140 141 CT POT--@i7re- -l-,,@--sqttare 142 143 thettsend-l-l@,@- -@t-F-the 144 145 146 five- -fs7ooot- -feet 147 P-ltls 4 148 149 150 151 152 153 154 155 156 -thereof-7 157 without-limitt 158 fst--Storaget 159 -feet 160 161 162 163 164 b-. 165 166 feet-i--the 167 jeee 168 169 f -2-,@)-- feet--@l-"--L-itree 170 "4-sqtare 171 172 e F,5-r- - @f-" e M- - t 173 s q u a r e - -f e et - @- @i- @ - @ - 5 h a I 1 174 b e - - f- o u r - -It tt n d r e d - -sre v & n t y - @ 1- I a r 5 175 f @,4 - -f @- - 'c h e- - f, i7 r s t - - f- i7 f- L- e e n 176 177 178 sqtia-re--feeL-- or --f-r@-ion -thereof-7 179 without-limitt 180 f61/2--fmdtistrialT 181 aT -f-eet 182 183 f 2 7 0 0 0sqda-r@ 5 184 185 186 b7 Fer--twe- -t-hatt send--cts2 70001-@ttere 187 f e@-- u@ --t@ - a-m@ - -f-@ve 188 thou sa e- i--the 189 f -dollars 190 191 thousetnd--(-2-,@)--sqttare- -plus 192 193 194 eT For--f-@VL.- -1@,@--Sqttere 195 196 hund-r@--twenty--del-iar2--(-$-2 @0,7&Ot 197 for-the-first-five-thousand-f57000f 198 S qd@ - -f - @ 1- 1- er r' 5 199 -@L--or 200 201 202 87 P a r - -1,Hi - -f-eet 203 ti p - @ -a:@ - -i ng- t h o u s a n d 204 f 5 7 0 0 0 t - -5,qd-d-r@ -f 205 be-fe)ut-dollars-f$47OOf-per-hundred 206 207 b-. POr--f-i-ve- 208 E, e @ - @ - @ - @ - -i- it c -1 e n 209 -@t-i--thL- 210 -dollars 211 212 thousend--i@,@)--square- -plus 213 three-@-l@-f $3700f -@-htndred 214 square-feet-or-fraet+en-thereofT 215 er FO-f 216 217 t 218 219 6 2 20 two--dollaT-s--f $27,0101--per--ittrrtdred 221 or --f-r@-i@-thereofT 222 without-limitv 223 224 Type of Size in Base Additional 225 Building Permit Square Feet Fee Rate Per 226 100 Sq Ft 227 228 229 (1) Residential 100- 2,000 - $6.00 230 2,000- 5,000 $120 5.00 231 5,000-100,000 270 4.00 232 ioo,ooo+ 4,070 3.00 233 234 (2) Business/ 100- 2,000 - $7.00 235 mercantile 2,000- 10,000 $140 6.00 236 10,000- 25,000 620 5.00 237 25,000+ 1,370 4.00 238 239 (3) Institutions 100- 1,000 - $7.00 240 1,000- 5,000 $70 6.00 241 5,000- 20,000 310 5.00 242 20,000+ 1,060 4.00 243 244 (4) Assembly, churches 100- 1,000 - $7.00 245 and government 1,000- 5,000 $70 6.00 246 buildings 5,000- 15,000 310 5.00 247 15,000+ 810 4.00 248 249 (5) Storage 100- 2,000 - $4.00 250 2,000- 15,000 $80 3.00 251 15,000+ 470 2.00 252 253 (6) Industrial -100- 2,000 - -$5.00 254 2,000- 5,000 $100 4.00 255 5,000+ 220 3.00 7 2 56 257 (7) Hazardous storage 100- 5,000 $4.00 258 or occupancy 5,000- 10,000 $200 3.00 259 io,ooo+ 350 2.00 260 261 (8) Residential 0- 1,000 - $4.00 262 accessory 1,000+ $40 2.00 263 buildings 264 265 (9) Farm buildings 0- 2,000 - $3.00 266 2,000+ $60 2.00 267 268 fBt(10) Alterations, repairs, private piers, bulkheads, pools, 269 elevators, commercial interior finish, miscellaneous structures: 270 a. For a valuation of less than one hundred 271 dollars ($100.00), no fee shall be required, 272 unless an inspection is necessary, in which 273 case there shall be a t-en fifteen dollar 274 F$IOTOOI ($15.00) fee. 275 b. The minimum fee shall be ten fifteen dollars 276 f$10-.eOt ($15.00). 277 C. For a valuation up to five thousand dollars 278 ($5,000.00), the fee shall be ten dollars 279 ($10.00) per thousand or fraction thereof. 280 d. For a valuation up to and including twenty 281 thousand dollars ($20,000.00), the fee shall 282 be fifty dollars ($50.00) for the first five 283 thousand dollars ($5,000.00) plus five 284 dollars ($5.00) for each additional one 285 thousand dollars ($1,000.00) or fraction 286 thereof. 287 e. For a valuation up to and including one 288 hundred thousand dollars ($100,000.00), the 289 fee shall be one hundred twenty-five dollars 290 ($125.00) for the first twenty thousand 291 dollars ($20,000.00) plus four dollars 8 29 2 ( $ 4 . 0 0) for each additional thousand or 293 fraction thereof. 294 f. For a valuation over one hundred thousand 295 dollars ($100,000.00) the fee shall be four 296 hundred forty-five dollars ($445.00) for the 297 f i r s t one hundred thousand dollars 298 ($100,000.00) plus three dollars ($3.00) for 299 each additional thousand or fraction thereof, 300 without limit. 301 t9f-- 302 residential-buildingst 303 -f-17060t 304 sqtiare- fee @a7l-l--be- -do-liars 305 f$47OOt-@ 306 thereeft 307 b-r 308 309 the-@ -one- -fiTOOOt- -feet 310 -square 311 feet-or-fraction-thereOE7-W-ithatt-limitT 312 flO+-Farm-buildingst 313 2700@t 314 -dal:-Iars 315 316 thereef7 317 b-r F(Dr-two-thedSaMd-f276OOt-Square-feet-or-mare7 318 319 t h e - -f-i-r@- -thettsand--(@,@- @-feet7 320 p I t 5 - @ - d 0 1 1 a r - p e r - -square 321 feet-or-fraction-thereoET-without-limitT 322 (11) Moving of buildings or structures: 323 a7 P o -r - - t h n g - -E r, 0 m - -0 n e 324 325 or- -atrelt-@ -not 326 r e q ti + r e -m 0 v e d - e 11- i--t-h&-fee 327 9 328 b7 -gerage-@-a 329 one-stery- -btri-idi-rig-vi+h-@-Iiv i7ng 330 qu ar -th e- -@e - 1-1-- -do3:3:a r 8 331 332 CT -ro@ -one 333 I-oca tion - -i@ -@L-y - +@ -@a7L-@ - -i n 334 335 acc,&r 1-i7shed--in 336 337 8-r any-bd-i-ld-ing- -the 338 339 another--l 340 s 341 342 ev 343 -1 o 344 ee 345 ht2mdred-f4:fty-dolletrs-f$256TOOtT 346 E7 347 348 within-+he-@-t-p,-@@@a7l-l--be-deterftiined 349 in- -with- -fees- -i -in 350 Pftragraphs-fettit-through-f2etT 351 For the moving of any building or structure 352 into, out of, through or within the city, the 353 fee shall be calculated in accordance with 354 section B-31(c)(1). 355 (12) Demolitions: 356 a7 For the demolition of any 357 dec@ building or 358 structure, the fee shall be fl:ve twenty-five 359 dollars f$5700t ($25.00). 360 bT For- r-@-f-ee 361 362 @-the 363 fee-shal+-be-twenty-dallers-f$20vootT 10 364 365 i:nstai-lation-@-@ 366 367 fl4t(13). Signs: 368 a. Fees for the erection, painting, placing, 369 replacing, repairing, hanging or rehanging of 370 signs 371 secti:on shall be based on the total surface 372 area of total all sign faces, and shall be as 373 follows: 374 --------- 375 2 5 - t 0- 4,9- 'Sq'd d-f@ -f - - - - - - - - 376 56-te --74- -sqd-a-f --------- 377 --------- 378 --------- 379 --------- 380 Repair-of-exi:sting-mignsTTT ---- 6700 381 (1) Single face signs 382 4-32 square feet .......... $ 40.00 383 33-75 square feet .......... $ 60.00 384 76-150 square feet ......... $100.00 385 (2) Double face signs 386 4-32 square feet .......... $ 80.00 387 33-75 square feet .......... $100.00 388 76-150 square feet ......... $120.00 389 bT 390 t:went--r-f-i:ve 391 dollars-f$25TOOt-for-each-sign-so-erectedT 392 e.b. The fee for a permit for the repair of a 393 billboard shall be ten-@l- -f$3:076of in 394 accordance with section B-31(c)(10). 395 C. Fees for the erection, painting, placing, 396 replacing, repairing, hanging or rehanging of 397 temporary signs shall be in an amount equal 398 to one-half (1/2) of the fee chargeable for 399 permanent signs of like size. 11 400 fl5t(14) Penalty: If any construction, alteration, repair, or 4 01 other work requiring a permit under this article is commenced 402 before said permit is secured and fee paid for same, a penalty of 403 fifty dollars ($50.00) shall be added to the fee due. Payment of 404 such penalty shall not in any way relieve the violator of any 405 criminal prosecution. 406 407 chttrehes- or F--@-no 408 409 accupancyt 410 fl:@f(15) Tents: Tents and other temporary structures permit fee 411 shall be fifteen dollars ($15.00). 412 flBt(16) Reinspection fee: There shall be a minimum of t-en 413 dolia7rs--f $10-. "i twenty-five dollars ($25.00) additional fee 414 charged for each reinspection. 415 fl9t(17) Appeal: The fee for submitting an appeal to the board 416 of building code appeals shall be twenty-five dollars ($25.00). 417 Such fee shall be paid by the appellant. 418 f28f(18) Reconnect or change of use: There shall be a minimum 419 fee of twenty dollars ($20.00) for each inspection. 420 (19) Application for septic tank soil evaluation: 421 The fee shall be fifty dollars ($50.00) paid at the time of 422 application. If the application is approved, the septic tank 423 permit shall be issued with no additional fee. 424 425 Adopted by the Council of the City of Virginia Beach, 426 Virginia, on the day of 1989. 427 428 KJC/WMM/epm 429 07/23/87 430 08/10/87 431 08/17/87 432 03/09/89 433 03/15/89 434 CA-02363 435 \ordin\proposed\08-031.pro 12 Exhibit 11 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTIONS 33-71 AND 33-72, OF THE 3 CODE OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, PERTAINING TO PERMIT, 5 INSPECTION AND GUARANTEE FEES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 33-71 and 33-72 of the Code of the City 10 of Virginia Beach is hereby amended and reordained to read as 11 follows: 12 13 14 Section 33-71. Schedule. 15 16 Minimum permit, inspection and guarantee fees for work 17 for which a permit is required by this article shall be required 18 or not required in accordance with the following schedule: 19 20 Permit and inspection Miniinum guarantee 21 Type of project fee fee 22 A. ENTRANCES: 23 1. PrivateTT7777777 24 (including temporary 25 entrances, private 26 service roads, and 27 private drainage 28 ditches .............. $I!.rOO$lO.00 None. 29 2. CommercialTTTT77 30 (including work 31 related to site plan 32 review, logging 33 roads, tram roads, 34 commercial service 35 roads, and 36 improvements as 37 shown on approved 38 construction plans) $5700$25.00 Deposit in accordance 39 with estimated cost. 40 41 -37 begging-reads7-tretm - 42 roads-and-other-tem- 43 perary-pr+vate-ent- 44 trance877TvTv77T77 -$5760 45 46 --4v Service-roadST7777 -$ITOO 47 48 --ST -$ITOO ce 49 with-e5timated-eostT 50 B. STRUCTURES: 51 1. Steps, sidewalks.. $1700$25.00 $25.00 52 2. Poles, unless 53 authorized by 54 franchise or 55 certificate of 56 convenience and 57 necessity ...... $ 0.25 each with Deposit in accordance 58 $5700$25.00 with estimated cost. 59 minimum 60 3. Guys and/or 61 anchors, unless 62 authorized by 63 franchise or 64 certificate of 65 convenience and 66 necessity ....... $ 0.25 each with Deposit in accordance 67 $5700$25.00 with estimated cost. 68 minimum 69 4. Wire crossings, 70 including guy 71 wires, unless 72 authorized by 73 franchise or 74 certificate of 75 convenience and 76 necessity ..... $ 0.25 each with Deposit in accordance 2 77 $5700$25.00 with estimated cost. 78 minimum 79 5. underground 80 installations, 81 unless authorized 82 by franchise or 83 certificate of 84 convenience and 85 necessity ...... Actual cost ($5700 Deposit in accordance 86 $25.00 minimum) with estimated cost. 87 6. Structures 88 (including 89 any of the 90 foregoing) 91 authorized by 92 franchise or 93 certificate of 94 convenience and 95 necessity ..... None None. 96 C. SPECIAL: 97 17 Tree trimming, 98 cutting or 99 sprayingTT-.77 100 unless authorized 101 by franchise or 102 certificate of 103 convenience and 104 necessity ...... $Sv@0$25.00 $25.00 105 (minimum) 106 -2-. Tree-trimming- 107 and-cuttimg 108 authorized-by 109 franchi8e-or 110 eertificate-of ill conveniemee-and 112 necessityT-.77v None NoneT 3 113 D. MISCELLANEOUS: 114 All others ..... Actual cost Deposit in accordance 115 with estimated cost. 116 117 Section 33-72. Amount of inspection fees. 118 Except as to the minimum fees set forth in section 33-71, 119 inspection fees under this article shall be the-@@- -of 120 mak-ing charged at the rate of forty dollars ($40.00) per hour. 121 Inspections made shall be those inspections necessary to assure 122 that the work is done in a proper and orderly manner. 123 124 Adopted by the Council of the City of Virginia Beach, 125 Virginia, on the day of 1989. 126 127 KJC/epm 128 03/10/89 129 03/15/89 130 CA-03206 131 \ordin\proposed\33-071ETC.pro 4 - 35 - Item IV-G.4. RESOLUTIONS Item # 30918 ADD-ON Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council ADOPTED: Resolution referring the staff paper entitled "An Outline for Interim Regulations of Growth to Rural Areas" to the Planning Commission. The Planning Commission will forward its recommendation to City Council for an appropriate change to the City Zoning Ordinance necessary to bring about immediate regulation of this problem. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 36 - Item IV-G.4.a RESOLUTIONS Item # 30919 ADD-ON Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City Council APPROVED AMENDING THE PREVIOUS MOTION and ADOPTED, AS AMENDED*: Resolution referring the staff paper entitled "An Outline for Interim Regulations of Growth to Rural Areas" to the Planning Commission. The Planning Commission will forward its recommendation to City Council for an appropriate change to the City Zoning Ordinance necessary to bring about immediate regulation of this problem. *The Planning Commission shall forward its recommendation to the City Council at the earliest possible time within a maximi,m of thirty (30) days. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None RESOLUTION WHEREAS, there is some concern regarding current patterns of residential development in the rural parts of the City; WHEREAS, there are a number of alternatives available for regulating such development; WHEREAS, problems being created will continue unless some immediate action is taken; WHEREAS, further study of available alternatives is necessary before final action is decided upon; WHEREAS, the Council has received a staff paper entitled, "An Outline for Interim Regulation of Growth in Rural Areas"; NOW, THEREFORE, BE IT RESOLVED, that this paper be referred to the Planning Commission requesting that it forward to the City Council at the earliest possible time, within a maximum of thirty (30) days, its recommendation for appropriate change to the City Zoning Ordinance necessary to bring about immediate regulation of this problem, with the request that its consideration include, but not t>e limited to, Alternatives 3 and 4, as listed in the staff paper. ADOPTED: 14anch 20, 1989 - 37 - Item IV-G.5. RESOLUTIONS Item # 30920 ADD-ON Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City Council ADOPTED: Resolution Declaring a Local Emergency, requesting the Governor to Declare the Sandbridge Area to be Experiencing a Major Natural Disaster, and further to have the Governor request the President to do likewise. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None A RESOLUTION DECLARING A LOCAL EMERGENCY, REQUESTING THE GOVERNOR TO DECLARE THE SANDBRIDGE AREA TO BE EXPERIENCING A MAJOR NATURAL DISASTER, AND FURTHER, TO HAVE THE GOVERNOR REQUEST THE PRESIDENT TO DO LIKEWISE. WHEREAS, the Sandbridge area of the city has experienced a succession of "northeaster" storms over the past several weeks; and wHEREAs, these storms have produced exceptionally high tides and strong winds, which have caused severe beach erosion, destruction of homes and other private property and also destruction of public property resulting in a local emergency I as defined by the Code of virginia; and WHEREAS, the Governor has within his authority the ability to declare a disaster area under certain conditions such as those experienced by the Sandbridge community; and WHEREAS, this would allow possible intervention by the federal government with assistance to the Sandbridge community; NOW, 'I'HEREFORE LET IT BE RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, that a major natural disaster does exist in the Sandbridge Community of the city. BE IT FURTHER RESOLVED, that the Governor of Virginia, Gerald L. Baliles, is respectfully requested to declare the Sandbridge community a major natural disaster area and to forward his declaration to the proper agencies in the United States Government so that any assistance possible can be given to the Sandbridge community and its residents as quickly as possible; and BE IT FURTHER RESOLVED that a copy of this resolution will be sent to the virginia Beach General Assembly Delegation and the Congressional Delegation from the Commonwealth of Virginia. Resolved by the council of the city of Virginia Beach, Virginia on this 20 day of 1989. - 38 - Item IV-1f.l. ORDINANCES Ttem # 30921 Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING Section 35-40 pertaining to real estate taxes generally. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CITY CODE OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, BY ADDING 4 SECTION 35-40 PERTAINING TO REAL 5 ESTATE TAXES GENERALLY. 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 That Section 35-40 be added to the Code of the City of 9 Virginia Beach, Virginia, to read as follows: 10 Section 35-40. Release of lien on portion of real estate upon 11 payment of delinquent taxes. 12 When an individual purchases or acquires a portion of a 13 tract of real estate, the individual or treasurer may apply to 14 the commissioner of revenue, or the real estate assessor to 15 determine the amount of any tax or assessment that is properly 16 chargeable against such portion of real estate. The treasurer 17 shall release such portion of real estate from any lien for 18 delinquent taxes, upon receipt of payment for the total amount of 19 taxes and penalty and interest due on such portion of real 20 estate. 21 This Ordinance shall become effective immediately upon 22 adoption. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia on 20 day of March 1989. 25 JAR/LLL/lmt 26 9/22/87 27 7/26/88 28 CA-02450 29 \ordin\proposed\35-40.PRO 30 State Code Ref. Section 58.1-3226.1 - 39 - Item IV-H.2. ORDINANCES Item # 30922 Upon motion by Councilwoman McClanan, seconded by Councilman Baum, City Council APPROVED upon FIRST READING: Ordinance to appropriate $735,000 to Project 6-993, Old Dam Neck Road/Upton Estates Sewers to alleviate a health problem. A N D, Ordinance Authorizing the Issuance of Water and Sewer Revenue Bonds of the City of Virginia Beach in the Maximum Amount of $735,000. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE To APPROPRIATE IN TfiE AMOUNT OF $735,000 TO PRCIJECT 6-993 OLD DAM NECK RO.AD/UPION ESTATES S@ TO ALLEVIATE A HEALTH PROBLEM the cl=ent capi+-al nprov@t program 2-ncludes in the "Reques@ BLit Not Funded" section, the Old Dam Neck Road/LJpton Est-a@ Sewer project which has been identified by the local Health Deparbnent as a Class II health prcblem indicating potential health pr-oblems in the next five to ten y-, and WHEREAS, as a result of a recent survey by the Health Deparbuent, the project area has been reclassified and is now identified as a class I health problem indicat iate need for sewers to prevent condemnations of dwell- ings which my with future septic tank failures, ar)d WHEREAS, the city has received more than 51% signed petitions from area residents requesting city sewer service, and WHEREAS, the cost of the project is estimted at $735,000 with project funds to be made available thrc)ugh the issuance of revenue bonds. NOW, T=FORE, BE IT O@ BY = OC)UNCIL OF THE CITY OF WMINIA BEACH, that project 6-993 old Dam Neck Road/Upton Estates Sewer is hereby established as a capital pro3ect and that fur)ds in the @t of $735,000 are hereby appropriated to the pro3ect. BE IT FURTBM ORDAINED that the appropriations be offset by $735,000 of estimted revenues from the proceeds of water and sewer revenue bc)rids. ,Ihis ordinance shall be effective frcgn the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 1989. First Reading: March 20, 1989 Ser-ond Readirxg: 1 AN ORDINANCE AUTHORIZING THE ISSUANCE 2 OF WATER AND SEWER REVENUE BONDS OF 3 THE CITY OF VIRGINIA BEACH IN THE 4 MAXIMUM AMOUNT OF $735,000 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 1. It is hereby determined to be necessary and 9 expedient for the City of Virginia Beach, Virginia (the City), to 10 continue its program of improving and extending its water and 11 sewer system (the System) which will promote the public welfare 12 of the City and its inhabitants and will facilitate the orderly 13 growth, development, and general welfare of the City, and to 14 finance the costs thereof through the borrowing of $735,000 and 15 issuing the City's revenue bonds therefor. 16 2. Pursuant to the City Charter and the Public Finance 17 Act, there are hereby authorized to be issued water and sewer 18 system revenue bonds of the City in the maximum amount of 19 $735,000 to provide funds, together with other available funds, 20 for financing the costs of improvements to the System. 21 3. The bonds shall bear such date or dates, mature at 22 such time or times not exceeding 40 years from their dates, bear 23 interest at such rate or rates not to exceed 15% per year, be in 24 such denominations and form, be executed in such manner and be 25 sold at such time or times and in such manner as the City Council 26 may thereafter provide by appropriate resolution or resolutions. 27 4. The System is an undertaking from which the City 28 may derive a revenue. The bonds shall be limited obligations of 29 the City, payable as to principal, premium, if any, and interest 30 solely from the revenues derived by the City from the System and 31 shall not be included within the otherwise authorized indebted- 32 ness of the City. The bonds shall not be deemed to create or 33 constitute an indebtedness of or a pledge of the faith and credit 34 of the Conunonwealth of Virginia or of any county, city, town, or 35 other poiitical subdivision of the Commonwealth, including the 36 City, and shall so state on their face. The issuance of the 37 bonds and the undertaking of the covenants, conditions, and 38 agreements to be contained in resolutions to be adopted or 39 agreements to be entered into hereafter shall not directly, 40 indirectly, or contingently obligate the Commonwealth, the City 41 or any other political subdivision of the Commonwealth to levy 42 and collect any taxes whatsoever or make any appropriation 43 therefor, except from the revenues pledged to the payment of the 44 principal of and premium, if any, and interest on the bonds. 45 5. Such resolutions to be adopted and agreements to be 46 entered into hereafter authorizing the issuance of the bonds and 47 providing the details thereof shall contain appropriate covenants 48 requiring the City to fix, charge, and collect such rates, fees, 49 and other charges for the use of and the services furnished by 50 the System and to revise the same from time to time and as often 51 as shall be necessary so as to produce sufficient net revenues to 52 pay principal of and premium, if any, and interest on the bonds 53 as the same become due and to provide a margin of safety there- 54 for. Such resolutions and agreements shall also include such 55 additional covenants, agreements, and other terms as are custom- 56 ary for the protection of the holders of water and sewer revenue 57 obligations. 58 6. This Ordinance shall be in full force and effect 59 from its passage. 60 ADOPTED by the Council of the City of Virginia Beach, 61 Virginia, on this day of 1989. 62 APPROVED: 63 64 65 Mayor 66 67 ATTEST: 68 69 70 71 City Clerk FIRST READING: March 20, 1989 SECOND RFADING: -C !T 2 - 40 - Item IV-I. CONSENT AGENDA Item # 30923 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 of the CONSENT AGENDA. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 41 - Item IV-I-1 CONSENT AGENDA Item # 30924 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia, by ADDING a new Section 23-39.1 pertaining to the cutting, et cetera of trees, shrubs or other vegetation upon city property. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and Willia. D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None 1 AN ORDINANCE TO AMEND AND REORDAIN 2 THE CODE OF THE CITY OF VIRGINIA 3 BEACH, VIRGINIA, BY ADDING A NEW 4 SECTION 23-39.1 PERTAINING TO THE 5 CUTTING, ETC. OF TREES, SHRUBS OR 6 OTHER VEGETATION UPON CITY PROPERTY 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That the Code of the City of Virginia Beach is hereby 11 amended and reordained by adding a new section 23-39.1 to read as 12 follows: 13 Section 23-39.1. Cutting, etc. of trees, shrubs or other 14 vegetation upon city property. 15 (a) It shall be unlawful and a Class one misdemeanor 16 for any person to cut, trim, damage, deface or remove any tree, 17 shrub or other vegetation upon city property, or to cause, 18 procure or direct the cutting, trirftming, damaging, defacing or 19 removal of any such tree, shrub or other vegetation, without the 20 written authorization of the landscape services administrator or 21 the city arborist. If any person shall commit any of the acts 22 prohibited herein upon more than one tree or shrub, a separate 23 violation of this section shall be deemed to have occurred with 24 respect to each such tree or shrub. 25 (b) The provisions of this section shall not apply to 26 any cutting or trimming of vegetation required by section 23-50 27 of this Code or to routine trimming of shrubbery upon city 28 property, and shall not apply to city personnel engaged in the 29 performance of their duties. 30 Adopted by the Council of the City of virginia Beach, 31 Virginia, on the 20th day of March 1989. 32 Wmm/dhh/epm 33 01/20/89 34 03/01/89 35 CA-2990 36 ordin/proposed/23-039-l.pro - 42 - Item IV-T.2 CONSENT AGENDA Item # 30925 Upon inotion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to AMEND and REORDAIN Section 36-57 of the Code of the City of Virginia Beach, Virginia, pertaining to parking or stopping of charter buses. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None @OVED AS To CONTENTS ApppoVED AS TO LEGAL SU7F!CIENCY AND FC@RM 1 CITI A "'y AM ORDINANCE TO AMEND AND REORDAIN 2 SECTION 36-57 OF THE CODE OF THE 3 CITY OF VIRGINIA BEACH, VIRGINIA, 4 PERTAINING TO PARKING OR STOPPING 5 OF CHARTER BUSES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 36-57 the Code of the City of Virginia 10 Beach is hereby amended and reordained to read as follows: 11 12 13 Section 36-57. Parking or stopping of charter buses. 14 15 (a) Except as otherwise provided herein, the parking 16 of any charter bus or stopping of any charter bus for the purpose 17 of picking up or discharging passengers shall be prohibited from 18 and including the Friday preceding Memorial Day through and 19 including the Tuesday following Labor Day every calendar year on 20 all municipal parking lots and all public streets in the 21 following areas: 22 (1) The Virginia Beach Borough, except that charter 23 buses may stop for no more than fifteen (15) 24 minutes to pick up or discharge passengers on the 25 -e-iv-i@-eenter 26 f Be@- - @-r-k-i@ - -1@ - -1 Averttte 27 28 -Parki:ng-.11 19th Street at 29 Arctic Avenue in a zone designated 1115 minute 30 Charter Bus Loading and Unloading." Furthermore, 31 the 4th Street Public Parking Lot located by Rudee 32 Inlet Loop has been designated as a pick-up and 33 discharge zone with fee parking for charter buses 34 on a first-come, first-served basis. 35 (2) An area in the Lynnhaven Borough bounded on the 36 south by the northern boundary of the Virginia 37 Beach Borough, on the west by the Linkhorn Bay and 38 Seashore State Park, on the north by 89th Street, 39 and on the east by the Atlantic Ocean; including 40 but not limited to those communities denoted as 41 North Virginia Beach, Princess Anne Hills, Bay 42 Colony and Cavalier Park. 43 (3) An area in the Lynnhaven Borough bounded on the 44 south by the property owned by the Commonwealth of 45 Virginia, on the west by Lake Rudee, on the north 46 by Rudee Inlet, and on the east by the Atlantic 47 Ocean; including but not limited to those 48 communities denoted as Southside, Herber Harbour 49 Point and Croatan Beach. 50 (b) The city manager or his duly authorized agent may 51 authorize the parking or stopping of charter buses in locations 52 and/or at times otherwise prohibited by subsection (a) above. 53 Such authorization, if granted, shall be in writing, a copy of 54 which shall be in the possession of the charter bus driver. 55 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia, on the 20th day f March 1989. 58 59 KJC/epm 60 02/02/89 61 02/09/89 62 CA-03149 63 \ordin\proposed\36-057.pro 64 2 - 43 - Item IV-I.3 CONSENT AGENDA Item # 30926 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED upon SECOND READING: Ordinance to APPROPRIATE $84,000 for improvements to the Fire Training Center and to increase revenue from the Commonwealth of Virginia Department of Fire Programs. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice @layor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None A ORDDWCE TO APPROPRTATE $84,000 FOR MW TO TM FIRE AND TO INCREASE FRCM nM MMNWEALTH OF @ @ DEP OF FIRE WHEREAS, the Comwrlwealth of Virgi-nia, through its DePartment of Fire Programs, provides resources to assist oralities in enhancing 1-1.fire progr-, and WHEREAS, the City of Virginia Beach has directed these funds towards development of the Fire Training Center structure, irnPrOvements, and equipmp-nt, and WHEREAS, additional resources are needed as a contingency for CIP PrOject 3-976 (Fire Training Center/Wareho- Facility) and for construction Of se-rity fencing for the Fire Training Cent- site, and WHEREAS, the state DeparbTv--nt of Fire Progra- has provided a written estiimte of $285,000 in Fire Furxis for the City of Vi@ia Beach f- Fy 88-89, NCW MMFORE BE IT REsoLvED By nm CCUNCIL OF TM CITY OF @DffA BEACH, that funds in the amount of $84,000 be appropriated to the Fire Fund for additions to the Fire Training Center and installation of @ity fencing at the Training Center, and that Rev-ue frcm the Commonwealth of virginia Department of Fire be iricreased by $84,000. This ordinance shall be effective from the date of its adoption. Adopted by the Couricil of the City of Virginia Beach, Virginia on the- of March 1989. First Readim March 6, 1989 March 20, 1989 seoond Readim - 44 - Item IV-I.4 CONSENT AGENDA Item # 30927 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council APPROVED UPON FIRST READING: Ordinance to APPROPRIATE $82,767 in additional State funding for the Virginia Beach Community Diversion Project. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN CRD TO $82,767 IN ADDITICNAL STAGE FONDIW. FUR nE -ACE 13 COWM'IY D CN WEERFAS, the Comunity Diversion Initiative was established by the State Department of Corrections as a mechanisn for diverting "non-violent" offenders frcin incarceration, and , the n@r of offenders diverted frorn the court systern was initially targeted at seven hundred (700) rrdsdemeanants and fort@five (45) felons, and the actual n@r of mis&manants diverted by the prograrn is nine hundred fortr-five (945), a progranmtic increase of 35%, and , the Adult Ccmunity Corrections Division of the Virginia Depar@nt of Corrections has increased the funding allocation to the Virginia Beach program by $82,767 to nsate for the increased n@r of diversions, and , these additional funds will be needed for contractual support services for the Ccmunity Diversion program, for program staff state-maridated training, and for other related cperatior)al expenditures. NCN, , BE IT BY THE OCLIRCM OF TIIE CITY OF VIW@ RMM, @MM, that additional funds in the amount of $82,767 be apprcpriated in support of the activities of the Virginia Beach Ccimunity Diversion Initiative Program. This ordinance shall be in effect fr(xn the date of its adcption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 1989. March 20, 1989 First Reading: Second Reading: - 45 - Item IV-1.5 CONSENT AGENDA Item # 30928 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to TRANSFER funds in the amount of $60,000 to Tidewater Community College Project 2- 081, access improvements for the expansion of design services. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoiiis, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE TC) TRANSFER @ IN TBE AMOUNT OF $60,000 TO 2-081 TIDEWATER 00 ACCESS IMPROVEMENTS FIOR THE EXPANSION OF DESIGN SERVICES the a=ent Capital Impravmmt Program includes $71,000 for the design of project 2-081 Tidewater Community Cc)llege Offsite Access Irprove- ments involv@ @rovements to access po3.nts to the Virginia Beach Cainpus, and WHEREAS, the scope of work was expanded to include a preliminary traffic circulation plan for the college as well as allow coordination require- ments with two adjoining proj@, Princess Ame Road-Phase III and Rosemnt Road-Phase IV, and WHEREAS, the additional desicjn cost for proj@ 2-081 totals $60,000 and may be provided by an appropriations transfer fran project 2-820 Princess Anne Road-Phase III since this project has excess design furkis. NOW, MMFORE, BE IT O@ BY THE ODUNCIL OF THE CITY OF BEACH, @INIA that funds in the amunt of $60,000 are hereby transferred fr(xn project 2-820 Princess Anne Road-Phase III to Project 2-081 Tidewater C@ity College Offsite Access Irnprovemnts to provide for the ion of design servic,es. This ord@ce shall be effective frm the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 20 March day of 1989. - 46 - Item IV-I.6 CONSENT AGENDA Item # 30929 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council ADOPTED: Ordinance to authorize a temporary encroachment into a portion of City property known as 110' wide man-made canal in Lagomar (2472 Entrada Drive) to M.C. LIEBOLD and MARTHA LIEBOLD, husband and wife, their heirs, assigns and successors in title. The following conditions shall be required: 1. The owner agrees to remove the encrochment when notified by the City of Virginia Beach, at no expense to the City. 2. The owner agrees to keep and hold the City free and harmless of any liability as a result of the encroachment. 3. The owner agrees to maintain said encroachment so as not to become unsightly or a hazard. 4. The owner must obtain an approved waterfront permit. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. NIcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None I Reqiiested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 A TF.MPORARY ENCROACHMENT 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS 110' 7 WIDE MAN MADE CANAL. IN 8 1,AGOMAR TO M. C. LIEBOLD AND MARTHA LIEBOLD, 10 HUSBAND AND WIFE, THEIR 11 HEIRS, ASSIGNS AND 12 SUCCESSORS IN TITLE 13 14 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 3.6 That pursuant to the authority and to the extent 17 thereof contained in Section 15.1-893, Code of Virginia, 1950, as 18 amended, M. C. Liebold and Martha Liebold, husband and wife, 19 their heirs, assi-gns and successors in title are authorized to 20 construct and maintain a temporary encroachment into City 21 property known as 1101 wide man made canal in Lagomar. 22 That the temporary encroachment herein authorized is 23 for the purpose of constructing and maintaining a bulkhead and 24 that said encroachment shall be constructed and maintained in 25 accordance with the City of Virginia Beach Public Works 26 Department's specifications as to size, alignment and location, 27 and further that such temporary encroachment is more particularly 28 described as follows: 2 9 30 An area of encroachment into a 31 portion of the City property known 32 ds 1101 wide man made canal in 33 Lagomar as shown on that certain 34 plat enti.tled: "PLAN VIEW FOR 35 CHUCK LIEBOLD,ll a copy of which is 36 on file in the Department of 37 Public Works and to which reference 38 is made for a more particular 39 description. 40 41 PROVIDED, HOWEVER, that the temporary encroachment 42 herein aiithorized shall terminate upon notice by the City of 43 Virginia Beach to M. C. Liebold and Martha Liebold, husband and 44 wife, their heirs, assigns and successors in title and that 45 within thirty (30) days after such notice is given, said 46 encroachment shall be removed @rom City property known as 1101 47 wide man made canal in Lagomar and that M. C. Liebold and Martha 48 Liebold, liusbarid and wife, their heirs, assigns and successors in 49 title shall bear all costs and expenses of such removal. 50 AND, PROVIDED FTJRTHER, that it is expressly understood 51 and agreed that M. C. Liebold and Martha Liebold, husband and 52 wife, their heirs, assigns and successors in title shall 53 indemnify and hold harmless the City of Virginia Beach, its 54 agents and employees from and against all claims, damages, losses 55 and expenses including reasonable attorney's fees in case it 56 shall be necessary to file or defend an action arisi.ng out of the 57 location or existence of such encroachment. 58 AND, PROVIDED FURTHER, that this ordinance shall not be 59 in effect until such time that M. C. Liebold and Martha Liebold, 60 husband and wife, execute an agreement with the City of Virginia 61 Beach encompassing the aforementioned provisions. 62 Adopted by the Council of the City of Virginia Beach, 63 Virginia, on the 20 day of March 19 89 64 65 66 JAS/jls 67 01/23/89 APPRO@!ED AS TO Co,@I TENTS 68 CA-88-3098 69 (encroach\liebold.ord) C 'AF -.@AL SL) Y ATTORNEY@ TIIIS AGREEMENT, made this day of 19 by and between the CITY OF VIRGINIA BEAC H, VIRGINIA, a municipal corporation, party of the first part, and M. c. LIEBOLD AND MARTHA LIEBOLD, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, parties of the second part. W I T N E S S E T H: Tha.t, WHEREAS, it is proposed by the parties of the second part to construct and maintain a bulkhead in the City of Virginia Beach; and WHEREAS, in constructing and maintaining such bulkhead, it is necessary that the said parties of the second part encroach into a portion of existing City property known as 110' wide man made canal in Lagomar; and said parties of the second part has requested that the party of the first part grant a temporary encroachment to facilitate such bulkhead within a portion of City property known as 1101 wide man made canal in Lagomar. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the parties of the second part and for the further consideration of One Dollai- ($1.00), in hand paid, to the said party of the GPIN 2414-93-1232 first part, receipt of which is hereby acknowledged, the party of the first part doth grant to the parties of the second part a temporary encroachment to use a portion of the city property known as 1101 wide man made canal in Lagomar for the purpose of constructing and maintaining such bulkhead. It is expressly understood and agreed that such temporary encroachment will be constructed and maintained in accoraance 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, aligrunent and location and is more particularly described as follows, to wit: An area of encroachment into a portion of the City property known as 1101 wide man made canal in Lagomar as shown on that certain plat entitled: "PLAN VIEW FOR ji CHUCK LIEBOLD,ll a copy of which is attached hereto and to which reference is made for a more particular description. It is further expressly understood and agreed that the temporary encroachment herein authorized shall terminate upon notice by the City of Virginia Beach to the parties of the second part, and that within thirty (30) days after such notice is given, such temporary encroachment shall be removed from City property known as 1101 wide man made canal in Lagomar by the parties of the second part; and that the parties of the second part shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the parties of the second part shall indemnify and hold 2 harmless the City of Virginia Beach, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of such temporary encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge such permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the parties of the second part. It is further expressly understood and agreed that the party of the first part, upon revocation of such authority and permission so granted, may remove any such encroachment and charge the cost ttiereof to the parties of the second part, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the parties of the second part to remove such temporary encroachment; and pending such removal, the party of the first part may cha@@- the parties of the second part compensation for the use of such portion of City property encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the parties of the second part; and if such remova.). shall not be made within the time ordered hereinabove by this Agreement, the City shall impose a penalty in the sum 3 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, M. C. Liebold and Martha Liebold, husband and wife, the said parties of the second part have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager (SEAL) ATTEST: City Clerk By M. C. Liebol-d By, Martha Liebold 4 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that AUBREY V. WATTS, JR. , City Manager for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreement bearing date on the day of 1 19 1 has acknowledged the same before me in my City and State aforesaid. GIVEN under my hand this day of 19 Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH [IODGES SMITfl, City Clerk for the CITY OF VIRGINIA BEACH, whose name is signed to the foregoing Agreeinent bearing date on the day of 1 19 1 has acknowledged the same before me in my City and state aforesaid. GIVEN under iny hand this day of 19-. Notary Public My commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, a Notary Public in and for the City and State aforesaid, do hereby certify that M. C. Liebold, whose narne is signed to the foregoing writing, bearing date the -1,44- day of F-(- i3p v (j, i 9 @ll has acknowledged the same before me in niy City and State aforesaid. Given under my hand this day of Notd@y Publid My Cormnission Expires: Nly,@'onmi@L@ori Lxpires lvlarcli 9,199,0- STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: a Notary Public in and for the City and State aforesaid, do hereby certify that Martha Liebold, whose name is signed to the 6 foregoing writing, bearing date the day of r-,&80ua) i -1 19,?l has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of 19 Rotary Public c h 9 1990 My Commission Expires: TA EYI)I JAS/jls Date: 01/23/89 CA-3098 (encroach\liebold.agr) APPROVED AS TO CONTENTS SU CA, 7 ,,Al Wlt Z. -7 Zd 7- .9,$ 7.2 @-r@04 @Yt ovopost:PREVENT EROSION PLAN VIEW PROPOSED bLiLK,HD.# FILL imyw USC f G 0.00 FOI-@: Asi.icim @nty @Nsi MAN MAT)E CANAL LAGOMAR CAPPS LOT 315 CHUCK r,UIE,@o n at VA BCH stait VA a HARRIS LOT 317 C LIEBOLD or 3 BATEB-18-88 PROJECT SIT lt?ol LOCATION MAP - 47 - Item IV-I.7 CONSENT AGENDA Item # 30930 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council APPROVED: BINGO/RAFFLE PERMITS: Council of United Filipino Organization Bingo/Raffle Saint Matthews Home Raffle Virginia Beach City Union of the Kings Daughters Raffle Virginia Beach Skating Club Bingo Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 48 - Item IV-I.8 CONSENT AGENDA Item # 30931 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council APPROVED: Ordinance authorizing Tax Refunds in the amount of $842.64 upon application of certain persons and upon certification of the City Treasurer for payment Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. @loss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None ORM NO. C.A. 7 2/23/89 EMC AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Penalty Int. Total Y ear of Tax Number tion No. Paid Breeden Taylor Development 89 RE(1/2) 12439-0 1/17/89 206.17 Dinsmore Evans Bryant etc 89 RE(2/2) 70613-6 12/5/88 302.76 Sovran Mortgage Corp 89 RE(1/2) 103003-3 11/29/88 333.71 Total 842.64 This ordinance shall be effective from date of adoption. The above abatement(s) totaling were approved by the Council of the City of Virginia Beach on the- day of J@hn T. (Atkinson, Treasurer Approved as t Ruth Hodges Smith City Clerk Bi-m@on,- City Attorney - 49 - Item IV-I.9 CONSENT AGENDA Item # 30932 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council APPROVED: Ordinance authorizing Special Tax Refunds in the amount of $250.31 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice 14ayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None AN ORDINANCE AUTHORIZING SPECIAL TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND [JPON CERTIFIR-ATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for special tax refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Mrs. Ann Harrington T/A Brunch-n-Lunch 6555 College Park Sq. Virginia Beach, VA 23462 1988 10/24/88 $236.52 $13.79 $250.31 Certified as to Payment: han Commission(r of talevenue o form: This ordinance shall be effective from date of adoption. The above abatement(s) totaling $250.31 were approved by the Council of the City of Virginia Beach on the day of 19 Ruth Hodges Smith City Clerk - 50 - Item IV-1.10 CONSENT AGENDA Item # 30933 Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council APPROVED: Ordinance authorizing License Refunds in the amount of $2,645.17 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. DIcClanan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None FOFIM .0. C.1 8 REV. 3W AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE B# IT ORDAINED BY THE COUNCIL OF THE CrrY 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 Penafty Int. Total Year Paid Tobak Ltd., Inc. 1987/88 Audit 144.68 144.68 3144 Kline Drive Virginia Beach, VA 23452 Tyro Enterprises Inc. 1986/87 Audit 75.88 75.8R T/A Summers Restaurant P.0 Box 2165 Che;ap.eak@, VA 23320 Certified as to Payment: rt P, Vaughan Commissioner of the Revenue Apprpved as to forr)i: eale-Bimso@ ty Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $ 220.56 were approved by the Council of the City of Virginia Beach on the- day of '19 Ruth Hodges Smith City Clerk FORM NO. C.& 8 REV. 3M 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: License Date Base Penalty Int. Total NAME Year Paid Jeanne's Mailing Service Inc. 4477 Bennett Lane 1987 Audit 30.03 30.03 Virginia Beach, VA 23462 Saburn, Richard R. 1987 Audit 418.28 418.28 T/A Saburns Gulf 301 Faulk Road Norfolk, VA 23502 Terry Realty Corp. 1987/88 Audit 1,447.18 1,447.18 1119 Executive Blvd. St. A Chesapeake, VA 23320 Certified as to Payment: @o6ert P. Vaughan Commissioner of the Revenue Appro ,yed as to for @,/C61e-birTTsoK /City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1 , 8 9 5 . 4 9 were approved by the Council of the City of Virginia Beach on the- day of '19 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. 3M 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 C@ OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty Int. Total NAME Year Paid House of Unpainted Furniture Ltd. T/A Unpainted Furniture Center 415 N. Military Highway Norfolk, VA 23502 1987 Audit 68.91 68.91 Levy, Izzy I. 1987/88 Audit 329.60 329.60 T/A Between Us the Fashion Club 100 Pinewood Road Virginia Beach, VA 23451 Jackson, W. A., Jr. 1986/88 Audit 42.45 42.45 T/A Mail Room 1401 Doe Court Virginia Beach, VA 23464 Certified as to Payment: Robert P. Vaughan Commissioner of the Revenue 6a(e Bimson ity Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 4 4 0 . 9 6were approved by the Council of the City of Virginia Beach on the- day of 19 Ruth Hodges Smith City Clerk FORM NO. C.k 8 REV, 3M 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 Penalty Int. Total Year Paid Bunker, Barry D 1986/88 Audit 41.28 41.28 4692 State Road Drexel Hill, PA 19026 Clay, Wilma L. 1988 Audit 36.88 36.88 T/A The Bus Stop 500 Pacific Avenue #702 Virginia Beach, VA 23451 Duke, Anya S. 1988 Audit 1.0.00 10.00 T/A Anyas A Touch of Europe 2209 Sunvista Drive virginia Beach, VA 23455 Certified as to Payment: bert P. Vaughan Commissioner of the Revenue .le Bm or, City Attorney This ordinance shall be effective from date of adoption. Theaboveabatement(s)totaling $ 88,16 were approved by the Council of the City of Virginia Beach on the- day of .19 Ruth Hodges Smith C;ly --Ierk - 51 - Item IV-J.I. UNFINISHED BUSINESS Item # 30934 Councilwoman Henley redistibuted to the Mayor and Members of City Council copies of her letter of April 20, 1987. Said letter is hereby made a part of the proceedings. This letter posed questions which required definitive answers as the City determines what the future course of action should be. The contents of said letter still apply today. One-third of the City's acreage is agricultural. Councilman Baum and Councilwoman Henley referenced the proposed item appropriating funding for the Growth Management Program. The total estimated cost for the preparation of the six-element growth management program was $245,000. Councilwoman Henley cited the Ordinance APPROVED upon FIRST READING to appropriate $735,000 to Project 6-993, Old Dam Neck Road/Upton Estates Sewers to alleviate a health problem (sewer for 44 homes on Dam Neck Road). Mayor Oberndorf referenced an Economic and Fiscal Impact Assessment of the TDR and "PDR" (Purchase of Development Rights) and would appreciate exploration of this to the fullest extent to enable citizens to understand what the infrastructure improvement costs would be if allowed to develop as the Northern portion of the City has developed. @it-@ c:>f April 20, 1987 The Honorable Robert G. Jones, Mayor and Members of City Council Municipal Center Virginia Beach, Virginia 23456 Dear Mayor and Members of City Council: The question of whether or not to maintain controls on residential subdivisions in the AG-1 zoning area has become an issue of concern. Since eight people now serving on council were not a part of the City Council wilen this issue was last discussed (1979), I thought that it would be valuzlble for you to have the background information which led to the present zoning categories and the conditional use permit process. I also believe that there are a number of qu6stions which need definitive answers as we determine what the future course of action should be. Certainly the problems of the grain farrners are very great. As we attempt to assess the needs of that secjment of the agricultural industry, we must explore the facts of the total situation as completely and as objectively as possible. I, there- fore, request that the following questions be addressed: 1. one of the primary considerations in the development of the present zoning considerations in unsewered areas on poorly drained soils was the testimony that the land management provision was not intended by the State Health Depart- ment for widespread use. Has anything occurred to alter that position? Pre- cisely what would be the effect, if any, on the land managemnt arrangement for Virginia Beach if present controls are relaxed or removed? How successful are the land management systems,which have been approved over the-last ten years? What, if any, are the problems? 2. I understand that two applications are now being considered for the use of one for a business and one for an individual home- owner. Are package treatment plants a possibility for usage in tlie rural areas? What would be tlie recjulations? What are the advantages and the disadvantages of the use of treatment plants as opposed to the traditional septic systems? If approved, what can the City of Virginia Beach expect its ultimate responsi- bilities will be? Will they be better than those private systems previously utilized in the northern part of the city? 3. There have been several technical studies which would relate to this issue undertaken by the City since 1979, including the Betz, Converse and Murdock groundwater study, the Back Bay study, and the stormwater management plan whic is now underway. Have any of these studies, or any other new information we now have available, produced any findings which would recom- mend a change in the policies established in 19797 Please cite specific findings to support that recommendation. 4. If development controls are relaxed, it can be assumed from the experience elsewhere in the city that 12ublic sewer and water will ultimately be required. What can be the reasonable expectation for that demand, and what, if any, steps need to be taken to provide for it? 5. Both the Virginia Beach Tomorrow Task Force on Economic Development and the Task Force on Land Use/Environment enumerated goals relating to enhancing the . The Comprehensive Plan and staff goals also recognize the importance of agriculture to the City's tax base. Given the grain market situation and the dim grain market outlook for the future, what steps could be taken to strengthen the other segments of the agricultural industry in order to fill that void? (Exa-mple - livestock industry, pork, horse breeding and board- ing, cattle; nursery; fruits and vegetables; etc.) What, if anything, is the State Department of Agriculture doing to assistin alleviating the farm problem? In the recent studies done by VPI, "The Role of Agriculture in virginia Beach: An Assessment of Current and Future Trends as Seen by City Farmers" and "Preserv- ing Virginia Beach Farms and FarTnlands: A Review of Selected Cptions and Stra- tegies," various strategies and alternatives are discussed. Which, if any, seem to provide viable alternatives for Virginia Beach to pursue? 6. If it is deemed that the alternative should be the removal of development restric , development policies and potential need to be reviewed. How many housing units can be built in the Pungo and Blackwater boroughs using the cri- teria of one acre for well-drained soils and three acres for soils requiring land management techniques? what services will that number of units require? (How many vehicle trips per day would be generated? School children? Etc.) What projects need to be included in the CIP to anticipate that impact? What design techniques should be encouraged or required? For example, is a series of cul-de-sacs off existing roadways the desirable highway design or should new streets provide for tie-in to otber new streets as in other developments in the city? Should residential curb cuts in these developments be on existing roads or should interior access be provided? Should this residential subdivision development be a function of agricultural zoning or should it-be R-1 zoned to recognize that such uses as swine production would not be a good princi- pal use within the lots of such a subdivision? 7. with increased development, wbat will be the impact on property assess- ments in the area? Will there be any anticipated impact on the land use taxa on system and any carry-over detriment to the City's ability under State law to provide that taxation relief? 8. What does the Virginia Right to Farm Act mean in Virginia Beach? What rights does it give to the farmers? What caveats does it imply for residen- tial dwellers? Are there concomitant responsibilities for the City? If the City broadens policies to allow residential subdivisions in agricultural areas, does it carry any liability to the City in disputes arising over agricultural practices? 9. What can be the anticipated conflicts between new developments and continued farm operations? ilow have other localities coped with those conflicts? What Ewe een t e@r"ults? flow successful? 10. How would residential subdivisions in the rural areas fit in the overall comprehensive land use plan for the city? llow would such development relate to the findings of the Harland Bartholomew study of the Courthouse/Sandbridge area? I feel certain that other members of the City Council and the Planning Commission will have additional questions. Clearly, all questions need to be fully explored and considered before any responsible decisions can be made. Very truly yours, @ A. Barbara M. Henley Councilwoman Pungo Borough BMI/sw - 52 - Item IV-K.I. NEW BUSINESS Item # 30935 Upon motion by Councilwoman McClanan, seconded by Councilman Moss, City Council CANCF.TJ.F.D: City Council Sessions of October 9, 1989 (YOM KIPPUR) The City Clerk will advise City Council of dates the VML and NLC are scheduled this Fall to RESCHEDULE the City Council Sessions of October 9, 1989. Voting: 11-0 Council Members Voting Aye: Albert W. Balko, John A. Baum, Vice Mayor Robert E. Fentress, Harold Heischober, Barbara M. Henley, Reba S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker, John L. Perry and William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: None - 53 - Item IV-K.2. NEW BUSINESS Item # 30936 Giles Dodd, Assistant City Manager for Administration, distributed copies of the INTERIM FINANCIAL STATEMENTS for period July 1, 1988, through January 31, 1989. Said information is hereby made a part of the record. - 54 - Item IV-K.2. NEW BUSINESS Item # 30936 Councilman Moss distributed letters to the Mayor and Members of City Council referencing his attendance at the INSTITUTE OF TRANSPORTATION ENGINEERS WORKSHOP: A TOOL BOX FOR ALLEVIATING TRAFFIC CONGESTION. It was a privilege and an excellent opportunity to attend the subject workshop. A copy of the draft report entitled "A Toolbox for Alleviating Traffic Congestion" is being made for each Member of City Council. This information should prove most useful in the updating of the COMPREHENSIVE PLAN. (Said letter is hereby made a part of the record.) - 55 - Item IV-L.I. AD,JOURNMENT Item # 30937 Upon motion by Vice Mayor Fentress and BY ACCLAMATION, City Council ADJOURNED the Meeting at 5:05 P.M. Beverly U. Hooks Chief Deputy City Clerk @uth Hodge@ Smith, CMIC M-Y r- Oberirf City Clerk M.Yr City of Virginia Beach Virginia