MARCH 5, 1991 MINUTES
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"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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MARCH 5, 1991
ITEM 1. CITY MANAGERIS BRIEFINGS - Councll Chamber 10:00 AN
A. SOUTHERN WATERSHEDS
Loui s Cul I i pher, Director of Agriculture
H. Clay Bernick, 111, Director of Environmental Management
B. COMPREHENSIVE LAND USE PLAN
Robert J. Scott, Director of Planning
ITEM 11. COUNCIL CONFERENCE SESSION
A. TAX ASSESSMENTS
Jerald D. Banagan, City Assessor
ITEM 111. INFCRMAL SESSION - Council Chamber - 12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM IV. FCRMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO CRDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Rabbi Aaron Margolis
CHABAD LOBAVITCH of Tidewater
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECIRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFCRMAL & FCRMAL SESSIONS - February 26, 1991
G. PUBLIC HEARING
1. PROPOSED INCREASE IN THE TAX LEVY ON HOTEL/MOTEL LODGING FROM 4.5%
to 5%, EFFECTIVE I MAY 1991 - 1992
H. CRDINANCES
1. Ordinance, upon FIRST READING, to AMEND and REORDAIN Section 35-159
of the Code of the City of Virginia Beach, Virginia, re tax levy on
hotel/motel lodging.
2. Ordinance, upon FIRST READING, to APPROPRIATE $27,500 Into a
special fund in the FY 1990-1990 Operating Budget re financing an
entertainment program at the Resort Area; and, the City of Virginia
Beach to provide a match of revenues generated by the 1/2 percent
Hotel/Motel Room Tax at a rate of 50% of each dol lar generated up
to $200,000, which shall remain in effect until May 1, 1992.
3. COMPREHENSIVE LAND USE PLAN:
a. Ordinance to AMEND and RECRDAIN Article 1, Section 107(h) of
the City Zoning Ordinance re Conditional Zoning.
b. Ordinance to AMEND the Master Street and Highway Plan of the
City of Virginia Beach adding, relocating and deleting certain
roads, (Map/plans on file in the Planning Department).
c. Ordinance to AMEND and RECRDAIN Article 4 of the City Zoning
Ordinance re Agricultural Districts.
d. Ordinance to AMEND and RECRDAIN Article 1, Section 102 (a) of
the Ci ty Zoni ng Ordi nance re establ i shi ng a Rural Preservation
Overlay District;
and,
AMEND and RECRDAIN Zoning Maps of the City of Virginia Beach to
Indicate location of property to be subject to the Rural
Preservatlon Overlay District.
e. Ordinance to AMEND and RECRDAIN Section 201 (e) re requlrements
for fences and walls.
1. RESOLUTION
1. Resolution awarding $39,850,000 General Obligation Public
Improvement Bonds, Series of 1991A, to
In accordance with the terms of their bid which shall bear interest
as set out in such bid.
J. CONSENT AGENDA
All matters listed under the,.,Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by
ons motion in the form listed. If an Item is removed from the Consent
Agenda, It will bediscussed andvoted upon separately.
1. Ordinance to AMEND and RECRDAIN Section 23-13 of the Code of the
City of Virginia Beach, Virginia, re disorderly houses.
2. Ordinance to authorize acquisition of property In fee simple for
right-of-way and the acquisition of temporary and permanent
easements of right-of-way, either by agreement or condemnation, re
traffic control easement for Pacific Avenue at 24th Street (CIP
2-816).
3. Ordinance authorizing the City Manager to enter into a cost
participation agreement with Pembroke Square Associates re
construction of a sewer ptinp station; and, 1RANSFER $250,000 from
Project 6-605 Pump Station Modifications to Proj ect 6-0378
Pembroke/Jeanne Pump Station to cover City's share of construction
costs.
4. Ordinance to 1RANSFER $43,300 within the FY 1990-1991 Water and
Sewer Fund Operating Budget re emergency repairs at Lakes-Tiverton
Sewer Pumping Station.
5. Ordinance to TRANSFER $28,000 within the 1990-1991 General
Services' Operating Budget re Installation of a separate HVAC
system at the Publ lc Safety Bul lding in the Forensic and Photo
Processing Laboratories.
6. Ordinance to TRANSFER $1,800 to the appropriate accounts re 1991
Sailor of the Year event.
7. Ordinances, upon FIRST READING:
a. ACCEPT and APPROPRIATE $500,000 from Virginia Housing and
Community Development for housing rehabilitation; and
authorizing the City Manager to execute appropriate agreements.
b. ACCEPT and APPROPRIATE $55,000 from U. S. Department of Housing
and Urban Development re homeless assistance activities; and,
to authorize the City Manager to execute the necessary
agreements.
C. ACCEPT and APPROPRIATE $21,000 in CDBG Funds from the U. S.
Department of Housing and Urban Development to the Department
of Housing and Neighborhood Preservation re Emergency Housing
Repair, emergency assistance and prevention of hornelessness.
d. APPROPRIATE $44,905 in Rental Rehabilitation Program income
funds re continuation of the rental rehabilitation program.
e. ACCEPT and APPROPRIATE a donation of $150 from the American
Association of Retired Persons to Community Development Loan
and Grant fund re use in housing rehabilitation programs.
f. Ordinance authorizing tax refunds in the amount of $2,652.03.
K. UNFINISHED BUSINESS
L. NEW BLISINESS
M. ADJOLRtf4ENT
3/5/91 gs
3
Item I-F.I.
MINUTES ITEM 34216
Upon motion by Vice Mayor Fentress, seconded by Counci lman Heischober, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 5,
1991, as REVISED.
Vice Mayor Fentress referenced Page 7, ITEM # 34153
The verbiage "to make It economical ly feasible"
shall not be Inserted after the words "..sufficient
user demand" on Page 36, Transportation, (Page I 1-
C-15 of the Cornprehensive Plan Draft)
"Serious consideration of such systems should be
predicated upon a demonstra-tion of suff fcient user
demand to m-ke ';t aroaomir@l ly fea-@ and the
abi I ity to I Ink these faci I lties to simi lar or
other modes of transportation, as may be found
appropriate."
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACFI CITY COUNCIL
Virgitila Beacli, Virglnli
March 5, 1991
Vice Mayor Fentress called to order the CITY MANAGER'S BRIEFING of the SOUTHERN
WATERSHEDS to the VIRGINIA BEACH CITY COUNCIL in the Council Chambers, City
Hall Building, on Tuesday, March 5, 1991, at 10:00 A.M.
Council Members Present:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Reba S. McClanan and Nancy K. Parker
Council Members Absent:
Mayor Meyera E. Oberndorf (ENTERED: 10:17 A.M.)
James W. Brazier, Jr. (ENTERED: 10:15 A.M.)
William D. Sessoms, Jr. (ENTERED: 10:39 A.M.)
"Mayor Oberndorf was Welcoming the Virginia Association
of Soil and Water Conservationists
- 2 -
C I T Y M A N A G E R IS B R I E F I N G
SOUTHERN WATERSHEDS
10:00 A.M.
ITEM # 34152
Clay Bernick, 111, Director of Environmental Mangement, advised the City
Council directed the Staff to investigate options available for Improving water
quality in the Southern Watersheds: Owl Creek, Back Bay, North Landing River,
and a portion of the Northwest River Watershed. Water quality information Is
not always complete. Data has not been collected consistently for these areas.
Water quality monitoring stations are not consistently found through these
watersheds. Mr. Bernick displayed a map depicting the locations of water
quality monitoring stations for the last fifteen years. The City of Norfolk
maintains a monitoring station at Stumpy Lake Reservoir. The blue dots indicate
stations routinely monitored by the Water Control Board, most of which are in
the North Landing River Watershed, with the exception of one located at
SandbridgeRoad by the golf course. The red dots Indicated monitoring stations
on Back Bay of the Game and Inland Fisheries. The Albomarle/Pamlico Study is
progressing and on a timetable which calls for development of a CRAFT
MANAGB4ENT PLAN by Fall 1991. This Plan wi 11 make recommendations for Improving
water quality protection in the entire Albernarle/Pamlico area Including
portions of Virginia.
tAr. Bernick distributed a REVISED SOUTHERN WATERSHEDS WCRK SCHEDULE and a copy
of the Agenda to be utilized in the Workshops. This Schedule and Agenda Is
hereby made a part of the record. The First Round of Public Information
Workshops were spar5ely attended In areas North of the Green Llne, but heavily
attended South of the Green Line. The Second Round of Public Information
Workshops are as follows:
March 7, 1991 7:30 P.M. Creeds Elementary School
March 21, 1991 7-.30 P.M. Virginia Marine Science Museum
March 27, 1991 7:30 P.M. City Council Chamber
The Owl Creek Watershed is unique and does not match in terms of size or
ecosystem to the Back Bay or North Landing Watershed. It is much more similar
to the Lynnhaven or Chesapeake Bay Watershed. The Back Bay/North Landing
Watersheds are quite similar in terms of resources present, types of wetlands,
and shoreline development. A ditferent kind of management strategy would be
necessary for areas already urbanized. The water quality impacts follow the
development action. Water quality filters called "buffers" and utilized
extensively In the Chesapeake Bay Preservation Act, are not necessarily a
"cure,all". If deemed appropriate, the width of the water quality filter could
be determined more specifically by examining the site condition, the slope on
the property, the soil type and the type of vegetative cover on the site. These
factors can provide a better gauge as to the size of a water quality filter to
provide protection rather than an imposition of an automatic specific sized
buffer. Because of their wind-tide conditions and the extreme sensitivity of
these wetlands to minor changes in water quality, full utilization of Best
Management Practices in the watersheds, particularly Back Bay and North Landing
Watersheds, will not be adequate to improve water quality in these watersheds.
BACK BAY/NCRTH LANDING RIVER IMPLEMENTATION OP'TIONS
Administrative
Amend Floodplain Regulations
Amend Erosion and Sedimentation Control Ordinance
Amend City Zoning, Subdivision Ordinance, Site Plan Ordinance
Amend Stormwater Management Ordinance
Improve enforcement of existing programs and ordinances
Enforce new programs and ordinances effectively
Complete Natural Areas inventory
I
3
C I T Y M A N A G E R IS B R I E F I N G
SOUTHERN WATERSHEDS
ITEM # 34152 (Continued)
BACK BAY/NORTH LANDING RIVER IMPLEMENTATION OPTIONS
(Continued)
Administrative/Management
Designate Back Bay/North Landing River Conservation District
Water Quality Protection Area (WQPA)
tidal wetlands
nontidal connected wetlands
water quality filter
Water Quality Management Area
entirety of all parcels adjoining WQPA
Uti I I ze development review process In Conservation Di strict as
defined in CBPA Ordinance
Develop property owner water quality education materials (brochures,
Inserts)
Amend City Stormwater Management Plan
Administrative/Structural
Designate and mark no wake zones
Require variances tor curb and gutter where appropriate
Structural/Management
Establish network of water quality monitoring stations
Retrofit City and private projects with urban BMP'S; City demo
projects and monitor for water quality parameters
Undertake shoreline restoration/enhancement projects
Install water control structures, undertake wetlands
enhancernent/creation projects at selected locations.
Aesthetics
Initiate "Adopt a Shorelinell Program
Establish City conservation easement program on voluntary basis
OWL CREEK WATERSHED IMPLENEKTATION OPTIONS
Administrative
Develop MOA with U.S. Navy on Owl Creek Properties
Amend Erosion and Sedimentation Control Ordinance
Amend City Zoning Ordinance, Subdivision Ordinance, Site Plan
Ordinance
Amend Stormwater Management Ordinance
Improve enforcement of existing programs and ordinances
Enforce new programs and ordinances etfectively
Complete Natural Areas inventory
Administrative/Management
Designate Owl Creek Conservation District
Water Quality Protection Area (WQPA)
tidal wetlands
nontidal connected wetlands
highly erodible soils (6 percent slope or greater)
water quality filter
Water Quality Management Area
entirety ot all parcels adjoining WQPA
Highly Impervious Areas
defined as Intensely Developed Areas (IDA's) in CBPA Ordinance
Uti I I ze development review process in Conservation District as
defined in CBPA Ordinance
Develop property owner water quality education materials (brochures,
inserts)
Amend City Stormwater 14anagement Plan
- 4 -
C I T Y M A N A G E R IS B R I E F I N G
SOUTHERN WATERSHEDS
ITEM # 34152 (Continued)
OWL CREEK WATERSHED IMPLEMENTATION OPTIONS
(Continued)
Administrative/Structural
Designate and mark no wake zones
Structural/Management
Establish network of water quality monitoring stations
Retrofit City and private projects with urban BMP'S; City demo
projects and monitor for water quality parameters
Undertake shoreline restoration/enhancement projects
Aesthetics
Initiate "Adopt a Shorelinell Program
As Land Use intensifies from Forestland to Pastureland to Cropland to Suburban
Development and Urban Development the following factors are evidenced:
Nonpoint Source Pollution increases
Drainage Sophistication Increases
Stormwater Runoff Rate Increases
Water Quality Deteriorates
BACK BAY AND NCRTH LANDING RIVER WATERSHEDS
PROBLEMS
Urban and agricuitural nonpoint source runoff
Highly dynamic and cyclical water quality
conditions due to salinity tiuctuations, wind
tides, natural rainfall and climate cycles and
shallow depths.
Demise of aquatic vegetation and diversity of fish
species populations.
Stress on wetlands from boat wakes, and wetlands
species diversity stress attributable to water
quality changes.
OWL CREEK WATERSHED
PROBLEMS
Shellfish condemnation In effect, covers 99 acres
of nonproductive shelifish beds.
Elevated levels of fecal coliform attributable to
boat pollution associated with marinas, ramps,
private docks
Urban runoff contributes to elevated
bacteriological levels
Oil sheens evidenced on surface waters; minor
oil/fuel spills associated with heavy boat traffic.
Lack of ongoing monitoring activity.
- 5 -
C I T Y M A N A G E R IS B R I E F I N G
SOUTHERN WATERSHEDS
ITEM # 34152 (Continued)
Loul s Cul I I pher, Director of Agriculture, provided information relative the
agricultural signi ticance of the Southern Watersheds. Mr. Cul I I pher distributed
Information which is hereby made a part of the record. With relation to Back
Bay and the North Landing River in the mid 1930's, the CCC camp constructed
sand fences and inhibited the overflow ot salt water. The city pumped salt
water during the 1960's. There was quite a bit of excavation particularly In
the northern portion. Mr. Cul lipher displayed a slide depicting the canals
excavated on the western shore and on the eastern shore in the Sandbridge area.
and a slide depicting s survey prepared by Norman Mitchell of the Fish and
Wildlife Service on nutrients contained in Back Bay, the majority ot which were
below the E.P.A. reference level. However, the total suspended solids and the
organic fraction of the nitrogen were higher than E.P.A. reference levels. 18.8
pounds is lost through surface drainage and 31.1 pounds is lost through
subsurface drainage. Water Control Structures will reduce loss of nutrients,
nitrogen and phosphorous by approximately one-half.
The Virginia Beach Farm Bureau sponsored a well testing program. There were
twenty-three (23) wells analyzed in the southern portion of Virginia Beach. The
average nitrate concentration was 1.7 miiigrams per liter. The Environmental
Protection Agency has advised anything In excess of 10 miligrams of nitrate per
liter Is believed to be a potential problem. Sixteen wells were less than .3
miligrams per liter.
Mr. Cullipher displayed overheads depicting the Great Narrows In 1937 and 1981
reflecting erosion In Back Bay.
Mr. Cullipher displayed slides illustrating an agricultural drainage area and
filter area at Laurel Bay, a layout of paths cut through buffer area at the
Laurel Bay site with sampling station locations and numbering. Locations of
water level recorders, dye study sites and automatic samplers are also shown.
An Integrated coastal water management was also depicted. There are
approximately 800 miles of open ditch drainage.
Buffer strips, if properly constructed and maintained, are very effective as
far as trapping sediment. Buffer or vegetative filter strips are designed to
trap sediment of surface flow. The majority are not functioning properly.
Mr. Cullipher itemized the following Managemnt Options:
On-site opportunities:
Water Table Mangement
Nutrient management
Integrated pest management (IPM)
Cropping systems
Off-site opportunities.
Utilizing natural wetland buffers
Canal bank stabilization
Route drainage outlet to least sensitive area
Development is a potential source of erosion. The Fish and Wildlife report
predicts .7 tons erode from farmland.
Pesticides and anlmal wastes are highly regulated. Septic tanks malfunction can
contribute to water quality concerns.
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C I T Y M A N A G E R IS B R I E F I N G
COMPREHENSIVE LAND USE PLAN
11:15 A.M.
ITEM # 34153
Robert Scott, Director of Planning, distributed a list of the issues of the
Cornprehensive Plan and alternative pages to be Inserted into the docunent:
Corrections and Adjustments to Document
Environmental - Soil Types
Open Space Golf Courses
Transportation
Urban Activity Center
Shore Drive Prol>erty
Incorporates Transition Areas I and 2
Deletes Transition Areas 1 & 2
Mayor Oberndorf requested clarification concerning Page 4 (PAGE li-A-22 of the
Comprehensive Plan Draft). "Use a combination of the development potential
allowed under the AG-2 zoning district and, where appropriate, general
development suitability characteristics, including soil percolation
capabilities, lot configuration and environmental conditions, to determine the
appropriate maximum density that may be allowed on property located in the area
of the City South of the Green Line." Mr. Scott advised this verbiage
corresponds with City Council's agenda as opposed to the original suggestion of
the Planning Commission.
Mr. Scott referenced Page 9 PUBLIC FACILITIES (Page li-E-15 of the
Comprehensive Plan Draft). The sentence: "The potential impact, Including fire
flow demand, of a proposed development upon the City's water supply should be a
critical element in any zoning decision." Councilman Sessoms requested "and
avallability of water" be Inserted after the words "The potential impact.." As
per request of City Council, to show emphasis, this sentence shall be a
separate paragraph. City Attorney Li Iley advised the word "availability" in and
of itself would not have any specific attached meaning. Mr. Lilley suggested to
avoid an interpretation later, the terminology be more specific.
To respond to concerns related to Page 11, (Page Ill-K.18 of the Comprehensive
Plan Draft), Mayor Oberndorf suggested the last sentence shall be amended to
read:
"If rezoning Is requested according to a party's legal
right, that application would have to be considered
based upon the following: conditional zoning provision,
including a traffic impact and mitigation study."
Councilwoman Parker expressed concerned relative Page 18 (Page 111-OF-15 of the
Comprehensive Plan Draft) Croatan-Harbour Point Area and the Environmentally
Sensitive Area Maps on pages 21 through 30. Mr. Scott advised these maps
basically reflect an update of the information. This did not effect all study
areas.
With reference to page 18 (Page 11-G-2 ot the Comprehensive Plan Dra"),
Councilman Lanteigne requested the verbiage be deleted "rural resldential
development ordinance" and insert "AG-1 and AG-2 zoning districtsil, after the
verbiage "..under the applicable provisions of the
- 7 -
C I T Y M A N A G E R 'S B R I E F I N G
COMPREHENSIVE LAND USE PLAN
ITEM # 34153 (Continued)
Page I-1 of the Comprehensive Plan Draft - The verbiage "are still underway for
this initiative" shall be deleted and the verbiage "have failed" shall be
inserted.
"A study has been completed identifying the possible use
of transfer of development rights in certain areas of
the City. However, efforts to secure the necessary state
enabling legislation +s
j!zt!Et4abioe have failed."
Page I-7, Column 1, Paragraph 2 and 3 of the Comprehensive Plan Draft
references Transfer of Development Rights. This entire paragraph should be
deleted. Transfer of Development Rights (Abbreviated - T.D.R.) should also be
deleted from the Glossory on page G-8.
Mr. Scott depicted the Environmentally related change, Page 32 (Page II-D-1 of
the Comprehensive Plan Draft). The following sentence was deleted: "These soil
types present considerable developmental hardships and are best avoided if at
all possible." Councilman Baum concurred with this recommendation.
Page 34 (Page II-F.8, Comprehensive Plan Draft). The words "public use" shall
be inserted before the verbiage "golf courses".
The second sentence shall be DELTUD:
"The City should consider offering density bonuses no
greater than five percent of what otherwise would be
allowed on a given tract in exchange for proffering
permanent public assess to such facilities."
On Page 36, Transportation, (Page II-C-15 of the Comprehensive Plan Draft),
Councilwoman Parker suggested the verbiage "to make it economically feasible"
be inserted after the words "..sufficient user demand":
Serious consideration of such systems should be
predicated upon a demonstration of sufficient user
demand 'to make it economically feasible and the
ability to link these facilities to similar or
other modes of transportation, as may be found
appropriate.
Vice Mayor Fentress advised he preferred this verbiage not be inserted. Mass
transportation has always been subsidized by the Federal and State Government
and is not "economically feasible".
Vice Mayor Fentress referenced page 38 (Page III-BS-13 of the Comprehensive
Plan Draft) concerning changing all references showing "Central Business
District" to "Urban Activity Center". Councilman Jones advised this change was
his request as the City Council had not voted upon the Central Business
District Study. The original draft did reflect "Urban Activity Center".
Mr. Scott referenced Page 43, (PAGE 1-9 of the Comprehensive Plan Draft)
related to Transition Area I. Mr. Scott advised the summary was changed to
reflect residential development shall not make up more than 70% of the land
area.
Mr. Scott advised the word "capital" should be inserted after the word "City's"
and prior to the word "budget" in the sentence: "Therefore, any development
south of the Green Line requiring urban type public facilities will be deemed
in compliance with the Comprehensive Plan only if it is accompanied by
conditional zoning proffers that satisfy all on-site and off-site capital
improvement facility needs, as determined by the City, without impact on the
City's capital budget."
- 8 -
C I T Y M A N A G E R IS B R I E F I N G
COMFREHENSIVE LAND USE PLAN
ITEM # 34153 (Continued)
Rel ati ve concerns of Counci I woman McCl anan and Counci Iman Brazier, (the
language In Item No. 3 of the four-part test in Transitional Area 1), shall be
revised to identically read as Item No. 2 of the four-part test in Transitional
Area 11.
On item No. 4 ot Transitional Area 1, Counci Iman Lanteigne expressed concern
with the verbiage: "However, this residential density may be Increased up to 18
units per acre if associated with a particular land use that merits or
necessitates such density." Councilman Lanteigne also would prefer 1 dwelling
unit per acre rather than 2 dwelling units per acre in Item No. 3 of Transition
Area Ii. The words "public use" shall be Inserted before the words "golf
course" in item No. 4 of Transitional Area 11.
Councilman Jones reiterated the concern relative the 1118 unlts per acre,' ,nd
would preferthisverbiageeliminated. Councilman Jones at r,. cncurrd that -rhe
language In Item No. 3 of the four-part test in Transitlonal Area 1, should be
revised to identically read as Item No. 2 of the four-part test in Transitional
Area 11.
Councilman Sessoms also concurred with the recommendation to delete the 1118
units per acre" and would prefer the percentage of 70% commercial/30%
residential and with one dwelling unit per acre in Transition Area 11.
Counci Iman Brazier agreed with the suggestions of Counci lman Sessoms.
Assuming development at an average density of three units per acre, Mr. Scott
advised with the ratio of 70% residential, there wi I I be approximately 5700
units. Uti 11 zing only 10% residential, there would be only 800 units. Uti lizing
the figure of 50% residential, this would amount to 4,000 units.
Council Members Baum and Heischober concurred with the ratio of 70%
commercial/30% residential. Vice Mayor Fentress believed the ratio should be
50% commercial/50% residential.
Counci ]man Jones concurred with the three units per acre in Transition Area I
and the two units per acre In Transition Area 11. Counci Iman Jones would lean
towards the ratio of 70% residential/30% commercial; however he would
compromise at 50%.
Councllman Clyburn also believed the 18 units per acre should be eliminated and
concurred with the three units per acre In Transition Area I and the two units
per acre in Transition Area Ii.
Mayor Oberndorf and Counci lwoman Parker were in OPPOSITION to the Transition
Areas.
9
ITEM 341 54
The INF(RMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bui Iding, on
Tuesday, March 5, 1991, at 1:25 P.M.
Counci I Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
10 -
ITEM # 34155
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
I itigation, or other speci fic legal matters requesting the provision of
legal advice by counsel pursuant to Section 2.1-344 (A) (7).
Actual or probable litigation or other specific legal matters are the
following:
1. Lake Gaston Litigation - Status:
a. North Carolina, et al v. Ronald Hudson, et al
b. North Carolina, et al V. City
1
2. Lake Gaston - Legal steps in Federal Energy Regulatory Commission (FERC)
approval process.
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council voted to proceed Into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
F OR M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
March 5, 1991
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COLJNCIL in the Council Chamber, City Hall Building, on Tuesday,
March 5, 1991, at 2:00 P.M.
Councll Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McC]anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wiillam D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Rabbi Aaron Margolis
CHABAD LOBAVITCH of Tidewater
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 12 -
Item IV-E.l.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34156
Upon motion by Vice Mayor Fentress, seconded by Councilman Jones, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from
Open Meeting requirements by Virginia law were
discussed in Executive Session to which this
certification resolution applies;
AND,
Only such public business matters as were
identified in the motion convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Harold Heischober, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
.6
lit,soluttott
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 34155
Page No. 10 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
R-dth Hodges 9-mith, CMC/AAE
City Clerk March 5, 1991
- 13 -
Item IV-F.I.
MINU,fEs ITEM # 34157
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of February
26, 1991.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
Councilman Heischober ABSTAINED as he was not in attendance during the City
Council Session of February 26, 1991.
- 14 -
Item IV-F.I.a.
PRESENTATIONS
ITEM # 34158
Maurice Jackson, Chairman of the Virginia Beach Clean Community Commission,
PRESENTED to Mayor Oberndorf:
1990 AWARD OF MERIT
Virginia Department of Waste Mangement
Mayor Oberndorf expressed appreciation for their unselfish endeavors.
- 15 -
Item IV-G.I.
PUBLIC HEARING ITEM # 34159
Mayor Oberndorf DECLARED a PUBLIC HEARING:
PROPOSED INCREASE IN THE TAX LEVY ON HOTEL/MOT'EL LODGING FROM 4.5% to 5%,
EFFECTIVE I MAY 1991 - 1992
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION.
Linwood Branch, President of the Virginia Beach Motel/Hotel Association. Mr.
Branch advised the projected revenues do not correlate with the actual sales.
Mr. Branch distributed the Hotel Sales Report for 1990 and requested the
projected revenues match these figures. Said statement is hereby made a part
of the record.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
- 16 -
Item IV-H.l.
ORDINANCES ITEM # 34160
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING:
Ordinance to AMEND and REORDAIN Section 35-159 of
the Code of the City of Virginia Beach, Virginia,
re tax levy on hotel/motel lodging.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Louis R.
Jones, Paul J. Lanteigne, Harold Heischober, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 35-159 OF THE CODE OF THE CITY OP
3 VIRGINIA BEACH, VIRGINIA PERTAINING TO THE TAX
4 LEVY ON HOTEL/MOTEL LODGING
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA THAT SECTION 35-159 OF THE CODE OF VIRGINIA BEACH,
7 VIRGINIA IS HEREBY AMENDED AND REORDAINED AS FOLLOWS:
8 Section 35-159 - Levied; amount.
9 There is hereby levied and imposed on each transient a
10 tax equivalent to fqi.ir- ;inci nnp-half- (4 5) five (5.0) percent of the
11 total amount paid for lodging, by or for any such transient, to any
12 hotel. .
13 This tax rate, effective May 1, 1991, shall remain in
14 effect until May 1, 1992, at which time it shall be reduced by one-
15 half (0.5) percent.
16 T-bir The tax rate, of four and one-half (4.5) percent
17 -Ignuary 1, 1999r shall thereafter remain in effect until
18 June 30, 2005 at which time it shall be reduced by one-half (0.5)
19 percent.
20 This ordinance shall be effective on May 1, 1991.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia on the _ day of 1991.
23 First Reading: March 5, 1991
24 Second Reading:
25 CA-4127
26 \ordin\proposed\35-159.ord
27 R-3
- 17 -
Item IV-H.2.
ORDINANCES ITEM # 34161
Upon rnotion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED, upon FIRST READING, AS REVISED*:
Ordinance to APPROPRIATE $27,500 into a special
fund in the FY 1990-1990 Operating Budget re
financing an entertainment program at the Resort
Area; and, the City of Virginia Beach to provide a
match of revenues generated by the 1/2 percent
Hotel/Motel Room Tax at a rate of 50% of each
dollar generated up to $200,000, which shall remain
in effect until May 1, 1992.
*On Line 7, the verbiage "at the oceanfront" shall be replaced by
the verbiage: "..for the City of Virginia Beach."
4@On Line 21, The word "an" and the verbiage ". at the Resort Area."
shall be deleted. The words "a city-wide.." shall be inserted before
the word entertainment program, to read: "NOW THEREFORE BE IT
ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
that $27,500 be appropriated into a special fund in the FY 1990-91
Operating Budget for the purposes of financing a City-wide
entertainment prograrn.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Louis R. Jones, Paul J. Lanteigne, Harold
Heischober, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Williarn D. Sessorns, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Reba S. McClanan
Council Mernbers Absent:
None
I AN ORDINANCE TO APPROPRIATE $27,500 TO BE COLLECTED IN
2 PY 1991 FROM THE ONE-HALF CENT INCREASE IN TRE TAX ON
3 TRANSIENTS OBTAINING LODGING AND TO PROVIDE A CITY 14ATCH OF
4 REVENUES COLLECTED TO SUPPORT A CITY WIDE ENTERTAINMENT PROGRAM
5 WHEREAS, the Hotel/Motel Association has requested a one year 1/2
6 percent increase in the Hotel/Motel Tax rate to begin May 1, 1991 in order to
7 support an entertainment program for the City of Virginia Beach which will provide
8 sporting events, festivals, and other family entertainments;
9 WHEREAS, thib increase will reBUlt in a Hotel/Motel Room tax rate of 5.0
10 percent of the total amount paid for lodging effective May 1, 1991;
11 WHEREAS, it is ebtimated that thib revenue will generate $27,500 in FY
12 1991 and approximately $454,820 in Fy 1992 for a total of $482,320 during the time
13 the rate increase is in place;
14 WHEREAS, the City will provide, effective July 1, 1991, funds to match
15 the revenue generated by the 1/2 percent Hotel/Motel Room tax increase with the
16 match to be at a rate of 50 percent of each dollar collected up to $200,000 and
17 shall remain in effect until May 1, 1992 at which time the match will be
18 reconsidered by the City Council during the FY 1992-93 Operating Budget diSCUSBions;
19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
20 BEACH, VIRGINIA that $27,500 be appropriated into a special fund in the FY 1990-91
21 Operating Budget for the purposes of financing a city wide entertainment program.
22 BE IT FURTHER ORDAINED THAT, the City of Virginia Beach, Virginia will
23 provide a match of the revenues generated by the 1/2 percent Hotel/Motel Room Tax
24 with the match to be a rate of 50% of each dollar generated up to $200,000 and shall
25 remain in effect until May 1, 1992.
26 This ordinance shall be effective from the day of its adoption.
27 Adopted on this day 1991.
28 First Reading: March 5, 1991
29 Second Reading:
- 18 -
Item V-H.3.a.
COMPREHENSIVE PLAN ITEM # 34162
Sheldon Corner, 325 Susan Constant Drive, Phone: 428-1731, President of the
North Virginia Beach Civic League. Mr. Corner distributed a copy of his
remarks, which are hereby made a part of the record. Mr. Corner concurred with
the North Virignia Beach area remaining zoned for single family and duplex
dwellings.
Rae LeSesne, 5325 Thornburg Lane, President of the Cltizens Actions Coalition.
Mr. LaSesne presented the City Council with the statement for former
Councilman John D. Moss concerning the Comprehensive Plan, which Is hereby
made a part of the record. Mr. LeSesne advised the proposed Comprehensive Plan
Is closely related to the City's Operating Budget.
Charles Traub, ]Ii, 784 Glasgow Court, Phone: 340-0956. Mr. Traub advised 20%
of the office space in Hampton Roads is vacant. Mr. Traub spoke in OPPOSITION
to the Transitional Zones. There are 12,000 dwelling units for sale or rent
In the area. Mr. Traub questioned the legality of advertising the
Comprehensive Plan. The City Attorney submitted proof of advertising.
Maurice B. Jackson, 1125 Ditchley Road, Phone: 428-1470, President of the
Council of Civic Organizations. The principle of the GREEN LINE should be
retained until it can be proven there exists demand for expansion.
Glenn Russell, 222 Mustang Trail, Phone: 340-9700, Chairman of the Virginia
Beach Governmental Affairs of the Tidewater Association of Realtors. A letter
frorn the TAR Is hereby made a part of the record. The major concern is the
lack of a reasonable inventory of land for large users. Mr. Russell referenced
a map developed by the TAR depicting the AICUZ areas and spoke In support of
Transition Area 1.
Rick Burnell, 3045 Little Haven Road, Phone: 431-8642, President of
Armanda/Hoffier Real Estate Company. Armada/Hoffler works on a daily basis
with the various economic development departments of the cities within the
Hampton Roads Market Place. Firms seeking location desire preapproved zoned
sites with uti lities in place. Mr. Burnell urged support of the Transition
Areas.
H. L. Gordner, 1928 Weybridge Circle, Phone: 427-6858, represented the
Courthouse-Sandbridge Coalition of Civic Leagues. Mr. Gordner advised the
Coalition of Civic Leagues concurs with the land use plan as it applies to the
General Booth Corridor but does not agree with the Transition Areas.
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Chairman of the Virginia Beach
Municipal Affairs Committee of the Tidewater Builders Association. Mr. Bowie
distributed a copy of the TBA statement which Is hereby made a part of the
record. TBA expressed concerns relative the Conditional Zoning Ordlnance. Mr.
Bowie spoke ]n support of the inclusion of the Transition Area and requested
those In the audience to stand In SUPPCRT.
Melvin Eaton, 2600 West Landing Road, Phone: 426-6020, resident for 71 years.
Mr. Eaton urged the GREEN LINE remain in Its present position.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pace advised an adequate
water supply and roads are the major problefn. Mr. Pace urged the GREEN LINE
remain in Its present position.
Stuart k-lordon, 1150 Horn Point Road, Phone: 721-2002, resident of Pungo. Mr.
Gordon. Mr. Gordon expressed concern relative an adequate water supply and the
Transition Areas.
B. H. "Pat" Bridges, Jr., 557 Longleaf Road, Phone: 422-5222, represnted the
Virginia Beach Beautification Commission and the City's Appearance Task Force.
The Virginia Beach Beautification Commission endorses the Ordinance to AMEND
and RECRDAIN Section 201(e) of the City Zoning Ordinance re requirements for
fences and walls.
Jerry Abbruzese, 2504 Escorial Court, Phone: 721-2542. Mr. Abbruzese urged the
City be built around the Municipal Center, as the seat ot Government. The City
needs to bring In more business.
- 19 -
Item IV-H.3.a.
COMPREHENSIVE PLAN TTEM # 34162 (Continued)
Upon motion, submitted in writing and made a part of the proceedings, by
Councilman Heischober, seconded by Councilman Sessoms, City Council APPROVED
the COMPREHENSIVE PLAN as recommended by the Planning Commission in a document
dated December 12, 1990, AS AMENDED, and a second document dated February 28,
1991, with the following modifications:
THE COMPREHENSIVE PLAN
Corrections and Adjustments to Document dated February 28, 1991
Page 9 PUBLIC FACILITIES (Page II-E-15 of the Comprehensive
Plan Draft). The sentence: "The potential impact and
availability of water, including fire flow demand, of a
proposed development upon the City's water supply should be a
critical element in any zoning decision." This sentence shall
be a separate paragraph to show emphasis.
Page 11 (Page III-K.18 of the Comprehensive Plan Draft).
The last sentence shall be amended to read:
"If rezoning is requested according to a party's legal
right, that application would have to be considered
based upon the following: conditional zoning provision,
including a traffic impact and mitigation study."
Page 18 (Page II-G-2 of the Comprehensive Plan Draft). Delete
the verbiage "rural residential development ordinance" and
insert "AG-1 and AG-2 zoning districts", after the verbiage
"..under the applicable provisions of the .."
Page I-1 of the Comprehensive Plan Draft - The verbiage "are
still underway for this initiative" shall be deleted and the
verbiage "have failed" shall be inserted.
"A study has been completed identifying the possible use
of transfer of development rights in certain areas of
the City. However, efforts to secure the necessary state
enabling legislation A.@e
in4:t4at4.ve have failed.
Page I-7, Column 1, Paragraph 2 and 3 of the Comprehensive Plan
Draft references Transfer of Development Rights. This entire
paragraph should be deleted.
Transfer of Develoment Rights (Abbreviated - T.D.R.) should
also be deleted from the Glossory on page G-8.
Environmental - Soil Types
Open Space
Page 34 (Page 1I-F.8, Comprehensive Plan Draft). The words
"public use" shall be inserted before the verbiage "golf
courses".
DELETE:
The second sentence: "The City should consider offering
density bonuses no greater than five percent of what
otherwise would be allowed on a given tract in exchange
for proffering permanent public assess to such
facilities."
Transportation
Urban Activity Center
Shore Drive Property
- 20 -
Item IV-H.3.a.
C04FREHENSIVE PLAN ITEM # 34162 (Continued)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
None
1991
- 20a -
MOTION TO ADOPT
THE COMPREHENSIVE PLAN
It is moved that the City Council of the City of Virginia Beach adopt
the Comprehensive Plan as recommended by the Plannina Commission with
the following modification(s):
(Witli rcfcrencc to thc Fcbruary 28, 1991 menio of tlie Planning Dircctor - Council should scicct from tlie
following:)
1. Corrections and AdjListments to Document datect Februaiy 28,
1991
F- 2. Environmciitat - Soil Types
E, 3. Open Space
L- 4. Transportation
5. Urban Activity Center
6. Shore Drive Property
0 7. Incorporates Transition Areas 1 & 2
El 8. Deletes Transition Areas 1 & 2
March 5, 1991
- 21 -
Item IV-H.3.b.
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
Upon mot Ion by Counci I man He i schober, seconded by VIce Mayor Fentress, City
Council APPROVED establishing:
TRANSITION AREA I
Voting: 7-4
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne and William D.
Sessorns, Jr.
Council Members Voting Nay:
Louis R. Jones, Reba S. McCianan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
Councilman Jones DISCLOSED pursuant to Conflict of Interests Act, Section 2.1-
639.14(G), Code of Virginia, he owns land with a value in excess of $10,000.
located at the southeast corner of Princess Anne Road and Landstown Road, south
of the GREEN LINE. Counci lman Jones is able to participate in the transaction
fairly, objectively and in the public interest. Councilman Jones' letter is
hereby made a part of the record.
- 22 -
Item IV-H.3.c.
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council APPROVED, AS AMENDED:
TRANSITION AREA I
Item No. 4 of the "four-part test" shall be AMENDED
to read:
Residential development supplementary to
commercial, industrial and institutional uses
should not exceed 3 units per acre in density, nor
@. 30% of the land use area of the project.
However, this residential density may be increased
if associated with a particular land use that
merits or necessitates such density.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne and William D.
Sessoms, Jr.
Council Members Voting Nay:
Louis R. Jones, Reba S. McClanan*, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
Councilman Jones DISC@SED pursuant to Conflict of Interests Act, Section 2.1-
639.14(G), Code of Virginia, he owns land with a value in excess of $10,000.
located at the southeast corner of Princess Anne Road and Landstown Road, south
of the GREEN LINE. Councilman Jones is able to participate in the transaction
fairly, objectively and in the public interest. Councilman Jonest letter is
hereby made a part of the record.
Councilwoman McClanan requested her ABSTENTION be changed to a VERBAL NAY. She
mistakenly voted to ABSTAIN.
LOUIS R JONES 1MB WITCH PONT TRAIL
COUNCILMAN BAYSIDEBOROUGH VIRGINIA BEACH, VIRGINIA 23@55
(W4) 583-0177
March 4, 1991
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of
Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section
2.1-639.14(G) , Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the Council consideration of the
Comprehensive Plan.
2. The nature of my personal interest is that I own land
with a value in excess of $10,000.00 which is located at
the southeast corner of Princess Anne Road and Landstown
Road, south of the "Green Line".
3. Although the City Attorney has advised me that I am not
required to disclose this interest as it does not meet
the criteria of a personal interest in the transaction
under the Conflict of Interests Act, I wish to disclose
this interest and declare that I am able to participate
in the transaction fairly, objectively, and in the public
interest.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Mrs. Ruth Hodges Smith -2- March 4, 1991
Thank you for your assistance and cooperation in this matter.
Sin
4
Lou
Cou
LJ/awj
Enclosure
LESL EL LILLEY MUN CIPAL CENTER
CITY ATTORNEY VIRG NIA BEACI VA 2@56 9W@
(8N) @21 4531
F-X (BN) @26 5681
March 4, 1991
Councilmember Louis R. Jones
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of IntereStS Act Opinion
Dear Mr. Jones:
I am writing in response to your request for an opinion
regarding your ability to participate in Council's consideration
and vote on the proposed Comprehensive Plan.
I. Summary/Conclusion:
From my review of the Conflict of Interests Act and the
information provided by you, I am of the opinion that you have no
personal interest in the transaction of the Council concerning its
review of the proposed Comprehensive Plan. This proposed Plan is
a long-range planning tool which recognizes that a certain portion
of property south of the "Green Line" may be appropriate for
development under certain circumstances. The Plan does not provide
for the rezoning of any property and affects the entire City and
the public at large. However, I recognize the argument that you
may be affected differently than the public at large as a result
of your ownership of property south of the "Green Line" in
Transition Area 1, which is depicted on the attached map. In this
regard, you are a member of a group which is affected, i.e., all
surrounding similarly situated property owners. In response to
Councilmember Louis R. Jones -2- March 4, 1991
this concern, it is my advice and opinion that you may participate
subject to disclosure pursuant to Section 2.1-639.14(G).
I base the aforesaid conclusions on the following facts which
you have presented. Please review and verify the accuracy of the
facts as set forth as you may only rely upon this opinion if they
are correct and complete.
II. Facts Presented:
Your request for an advisory opinion is generated by the
Council's consideration of the proposed Comprehensive Plan,
involving five ordinances scheduled on the Council agenda for March
5, 1991. These ordinances are as follows:
A. ordinance to amend and reordain Article 1, Section 107(h)
of the City Zoning ordinance pertaining to Conditional
Zoning;
B. ordinance to amend the Master Street and Highway Plan of
the City of Virginia Beach adding, relocating and
deleting certain roads, (map/plans on file in the
Planning Department);
C. Ordinance to amend and reordain Article 4 of the City
zoning ordinance pertaining to Agricultural Districts;
D. Ordinance to amend and reordain Article 1, Section 102(a)
of the City Zoning Ordinance to establish Rural
Preservation Overlay Districts;
and
Amend and reordain Zoning Maps of the City of Virginia
Beach to indicate location of property to be subject to
the Rural Preservation Overlay Districts; and
E. ordinance to amend and reordain Section 201(e) pertaining
to requirements for fences and walls.
The Planning Commission approved the proposed Comprehensive Plan
on December 12, 1990.
You have advised that your concern, and reason for requesting
this opinion, is that you own property located on the southeast
corner of Princess Anne Road and Landstown Road. Your property is
valued in excess of $10,000.00 and is zoned AG-2. In addition your
property is subject to a conditional use permit allowing use of the
councilmember Louis R. Jones -3- March 4, 1991
parcel as a cemetery, mausoleum, and columbarium. You indicate
that a portion of your property is currently in use as a cemetery
and the remaining portion is undeveloped. The current
Comprehensive Plan states that your land is suitable for public,
semi-public and institutional uses. Your property is below the
"Green Line" which means that only under unusual circumstances
would the current Comprehensive Plan support rezonings to uses
demanding urban facilities. Under the new Comprehensive Plan
recommended for approval by the Planning Commission, it is
recognized that a certain portion of property south of the "Green
Line" may be appropriate for development under certain
circumstances.
III. Discussion:
The new Comprehensive Plan is a long-range planning tool which
recognizes that a certain portion of property south of the "Green
Line" may be appropriate for development under certain
circumstances. It does not provide for the automatic rezoning of
any property and will affect the public at large. While it is
arguable that you, as a result of ownership of property south of
the "Green Line", are affected differently than the public at
large, you, in any circumstance, are a member of a group which is
affected by the transaction, i.e., all surrounding similarly
situated property owners. Therefore, even if there exists the
appearance of a foreseeable benefit or detriment, you would be
permitted to participate upon disclosure.1
1 This conclusion is consistent with two prior opinions of
this office. Please see my opinion to you dated July 30, 1990, in
which I concluded that although you had a personal interest in the
transaction, you could participate upon disclosure of your interest
since you were a member of a group of persons affected by the
transaction. Also, please see my opinion to you dated December
18, 1990, in which I concluded: (1) that you had no personal
interest in the Council's consideration of whether the Lake Ridge
applications should be heard prior to consideration of the
Comprehensive Plan since its effect on your property was
speculative, remote, or contingent on factors beyond your control;
and (2) that you had no personal interest in Council's review of
the Comprehensive Plan prior to action on the Lake Ridge
applications since the Comprehensive Plan is a long-range planning
tool, affecting the public at large, and in any event, your status
as a member of a group, i.e., similarly situated property owners,
provided for your participation upon disclosure pursuant to Section
2.1-639.11(A)(2). Copies of these opinions are attached for your
information.
Councilmember Louis R. Jones -4- March 4, 1991
If you are concerned that your vote on these ordinances may
create some appearance of impropriety because of the location of
your property, there are three options available to you which may
diffuse any perception problems that may arise:
1. You may either disclose the facts as presented herein and
proceed to vote as to this transaction; or
2. You may abstain from voting and disclose any interest;
or
3. You may abstain from voting as to that specific portion
of the Comprehensive Plan which may affect your property
and disclose any interest.
IV. Disclosure Reciuirements:
Should you decide to declare your interest and vote, a
proposed disclosure letter which complies with section 2.1-
639.14(G) is enclosed for your convenience. You may either make
this declaration orally, which is to be recorded in the written
minutes of the City Council, or you may file a signed written
declaration with the Clerk of City Council, who shall retain and
make this document available for public inspection for a period of
five years from the date of recording or receipt.
If you should desire to abstain from voting entirely or on
portions of the Comprehensive Plan, Section 2.1-639.14(E) provides
that in such instances, the officer shall forthwith make disclosure
of the existence of his interest and his disclosure shall be
reflected in the public records for five years. The following
letters are also attached for your convenience: one addressing
disclosure and abstention from voting on certain portions of the
comprehensive Plan; and one addressing disclosure and abstention
from voting on the entire Plan.
As a final note to any conflict of interests opinion, Section
2.1-639.18(c) provides that a written opinion of the City Attorney
made after a full disclosure of the facts, is advisory and
admissable as evidence that the local officer did not knowingly
violate the Act, while a favorable opinion of the Commonwealth's
Attorney as the enforcing officer of the COIA, provides immunity
from any alleged violation. If you choose to seek an opinion of
the Commonwealth'S Attorney, I will be pleased to assist you in
that regard.
Councilmember Louis R. Jones -5- March 4, 1991
Please contact me should you desire any additional
information.
Very truly yours,-@
City Attorne
LLL/EEF/awi
Enclosures
7
kobertKJ@ -H
- 23 -
Item IV-H.3.d.
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
Upon motion by Councilman Lanteigne, seconded by Vice Mayor Fentress, City
Council APPROVED:
TRANSITION AREA II
Item No. 3 of the "four-part test" shall be AMENDED
to read:
Residential development should be at a density not
exceeding @ 1 dwelling unit per acre. Commercial
development ;hould be located on parcels at least
10 acres in size located at major intersections and
when located along Indian River Road, or the 150-
foot arterial, the two major gateways to the area,
special emphasis through conditional zoning, should
be given to landscaping, sign controls and other
aesthetic aspects.
Voting: 7-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne and William D.
Sessoms, Jr.
Council Members Voting Nay:
Louis R. Jones, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
None
Councilwoman McClanan ABSTAINED as her husband was born on a parcel of property
contained in Transition Area II. Delegate McClanan and Councilwoman McClanan
also own a small parcel of property contained in Transition Area II.
- 23a -
Ivowever, recent state law has been passed enabling certain local
approach
s r
I sykstems,
ions, among othe ta e the
form of lan b, or a com n o these. This
Comprehens the retention c Green Line in its
currentlocat to the north where
public fundi: needed
@ublic faciiii ='noo' foufnding I'S
@vailable to owever, even though
the City may nal funds at this time
to support sL part of the Virginia
Beacb, it does not mean t within this ar@a is
absolutely unachievable. Up assume the cost for
new capiial proiects in the,/area sou 0 reen Line, the burden of
r id,n facility land, st tures, or funds within the
p ov itio
tran., e reslionsibility o ose who wish to pursue
urban re, tfirough the iate
conditio ons. Tlef-efore, th of
the Gre( type Vblic f med in
c m I
onyliai r nsive an oi nied by
co tio that satisfy all c Fapital
etermined b impact
Transition Area I
Transition Area I has been established to provide additional oppor-
tunities to enhance the economic development potential of Virginia
Beach. By virtue of this Comprehensive Plan and the Economic
Development Strategic Plan, the City of Virginia Beach is committing
itself to the long term attainment of a tax base whereby no more than 70
percent of the real estate tax revenue comes from residential sources.
Tbe long term benefits of this policy to the City are numerous but it
must be recognized that it necessitates a different land use mix more
intensive in certain designated areas than the mix we now know. It
necessitates the location of major employment and commerce centers,
which ideally should be removed from and sheltered from existing
Pagel
March 5, 1991
23b -
stable residential neighborhoods. Tbis strategy, together with a strategy
of expanding and developing other business centers, is seen as the
preferred way to change our land use mix without endangering our
current stable residential neighborhoods. Transition Area I is seen as
an area where a greater proportion of non-residential development can
be located, provided related public facility impacts are paid for by the
developers of this area.
Tlius, the following four-part test should apply:
1. There must be a showing of positive fiscal impact to be derived by
the City as a result of the construction of the project,
2. Conditional zoning should be used to control the phasing of the
projects so that transition can properly occur and to establish
design criteria for the appearance of the project to assure that it
will be a positive contribution to the City's land use and tax base,
3. All on-site roadways needed for adequate traffic flow should be the
responsibility of the developer, and the developer should pay the
projects pro rata share of all other needed capital improvements, in-
cluding but not limited to off-site roadways, drainage, schools,
libraries, and fire stations, through conditional zoning proffers. Ad-
ditionally, the proffers should guarantee that the development will
be delayed or phased until the long-term roadway network needed
to adequately serve the project is in place. For that part of the
development that goes forward prior to that point, the proffers
should in addition guarantee that the critical rural roadway points
shown on Map II-2 are substantially avoided or improved to ade-
quately handle the impact generated,
4. Residential development supplementary to commercial, industrial
and institutional uses should not exceed 3 units per acre in density,
nor 30% of the land use area of the project. However, this residen-
tial density may be increased if associated with a particular land use
that merits or necessitates such density.
Transitional Area 11
Transition Area II has been established to Provide opportunities for
residential development at densities that are comlidtible with the
surrounding envirdmnentally sensitive land and with -the rural area of
the City adracent to it. Tlis @rea includes the large Courthouse Estates
tract that fias already been committed to devel6pment throuph court
action. Thus, to serve that area and the rest of Transition Ari-a II, the
Page 2
March 5, 1991
- 23c -
150 foot arterial roadway is to be moved forward in the CIP during its
next revision.
Accordingly, the following four-part test should apply in this area:
1. Conditional zoning should be used to control the phasing of the
projects so that transition can properly occur and to establish
design criteria for the appearance of the project, where appropriate,
2. All on-site roadways needed for adequate traffic flow should be the
responsibility of the developer, and the developer should pay the
projects pro rata share of all other needed capital improvements, in-
cluding but not limited to off-site roadways, drainage, schools,
libraries, and fire stations, through conditional zoning proffers. Ad-
ditionally, the proffers should guarantee that the development will
be delayed or phased until the long-term roadway network needed
to adequately serve the project is in place. For that part of the
development that goes forward prior to that point, the proffers
should in addition guarantee that the critical rural roadway points
shown on Map II-2 are substantially avoided or improved to ade-
quately handle the impact generated,
3. Residential development should be at a density not exceeding 1
dwelling unit per acre. Commercial development should be lo-
cated on parcels at least 10 acres in size located at major intersec-
tions, and when located along Indian River Road or the 150-foot
arterial, the two major gateways to the area, special emphasis
through conditional zoning should be given to landscaping, sign
controls, and other aesthetic aspects,
4. At least 20% of each project should be set aside in permanent open
space either in public or private ownership, to create a coordinated,
continuous belt of open space. Such open space may be improved
or left in its natural state. The development of such facilities as
public use golf courses in this area is encouraged.
Page 3
March 5, 1991
- 24 -
Item IV-H.3.e.
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Baum, City Counci I
ADOPTED, AS AMENDED:
Ordinance to AMEND and RE(IRDAIN Article 1, Section
107(h) of the City Zoning Ordinance re Conditlonal
Zoning.
Voting: 8-2
Council Members Voting Aye-.
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
Nancy K. Parker
Council Members Voting Nay:
Reba S. McCianan and Mayor Meyera E. Oberndorf
Council Members Absent:
William D. Sessoms, Jr.
1
2 AN ORDINANCE TO AMEND AND REORDAIN
3 ARTICLE 1, SECTION 107(H)
4 OF THE CITY ZONING ORDINANCE
5 PERTAINING TO CONDITIONAL ZONING
6
7
8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA:
10
11 That Article 1, Section 107 (h) , Conditional Zoning, of the
12 City Zoning ordinance be amended and reordained in part as follows:
13
14 (h) Conditional Zoning.
15
16 (1) Purpose. It is the purpose of this section to provide
17 a procedure by which conditional zoning may be used in
18 accordance with the enabling legislation provided in the
19 Code of Virginia. It is the policy of the City of
20 Virginia Beach to encourage the voluntary proffering of
21 conditions by the applicant in cases where the use of
22 traditional zoning methods is inadequate to achieve
23 certain desired goals and where the proffered conditions
24 will offset identified problems to the extent that the
25 proposed rezoning is thus acceptable; but to discourage
26 its use where the proffered conditions do not
27 sufficiently offset or are unrelated to identified
28 problems or where traditional zoning methods are adequate
29 to achieve certain desired goals. It is further the
30 purpose of this section to allow for complete and timely
31 review and evaluation of the proffered conditions by the
32 city staff, the public, the planning commission and the
33 city council.
34
35 (2) Criteria for proffers. Proffers shall only be accepted
36 as conditions attached to the rezoning if they meet the
37 following criteria: (1) the rezoning itself must give
38 rise for the need for the condition; (2) such conditions
39 shall have a reasonable relation to the rezoning; @
40 P4-il@h. aond.i.tiqng rh;;3-1- nmt, ;]. 0-agh tn
41 the Gity, (4) giic:b nnt m.gndat Gr-,y
42 i-Qn Qf r-.;4i or personal property for open spage,
43 par-ks, sGhGole, fir-e depar-tments or- other-
44 not other-wire pr-e,4ided f-er- in gl3hdi@ligion A(f)
45 tlh.A cnci.p of
46 nnt. inr-lude payment for- or-
47 off-R.i-tp irapr-E),vements exgept thesp for- in
48 A(j) Of SeGti-t4n I-r,-I--466 Qf thA C:C3Glq Qf
49 Vir-GJI;4!a, (6) nO Gg;iGlition rhall be pr-gffor-,.Ci th;at ig not
50 tc4 the physigal developmeiat ar- phys!Gal: eper-;atiqn
51 of the pr-Gper-ty; (7) (3) all such conditions shall be in
52 conformity with the comprehensive plan; @ (4) such
53 conditions shall be capable of being readily and
54 effectively enforced by the City of Virginia Beach at the
55 time of development of the property; +9+ (5) such
56 conditions shall be deemed necessary and sufficient to
57 offset identified problems caused by the rezoning in a
58 manner not made available by traditional zoning methods.
59
60 (3) Proffers which include the dedication of real
61 Property or payment of cash.
62
63 In the event Proffered conditions include the dedication
64 of real propertv or payment of cash, such Property shall
65 not transfer and such Payment of cash shall not be rnade
66 until the facilities for which such Property is dedicated
67 or cash is tendered are included in the capital
68 improvement Program, Provided that nothing herein shall
69 prevent the City from accepting Proffered conditions
70 which are not normally included in such capital
71 improvement Program. If proffered conditions include the
72 dedication of real Property or the Dayment of cash, the
73 proffered conditions shall Provide for the disposition
74 of such ijroperty or cash i)avment in 'the event the
75 property or cash payment is not used for the Purpose for
76 which proffered. Nothing in this section shall be
77 construed to affect or impair the authority of the City
78 Council to accept proferred conditions which include
79 provisions for timing or phasing of dedications, Payments
80 or improvements or to impose or accei)t conditions of
81 conditional use permits.
82
83 In the event proffered conditions include the dedication
84 of real Property or Payment of cash which is not to be
85 made until the facilities for which such 1prolperty is
86 dedicated or cash is tendered are included in the capital
87 improvement program, the City Attorney shall advise the
88 Planning coinmission and the City Council of the adequacy
89 of i)rovisions securing to the city the timely Performance
90 of such conditions.-
91
92
93 (4) Legal form of proffer. All proffers shall be in writing
94 and shall be in a form suitable for recordation in the
95 deed books maintained by the clerk of the circuit court
96 of the City of Virginia Beach. No proffer shall be
97 accepted by the city council which has not received the
98 approval of the city attorney as to legal form and
99 sufficiency.
100
101 (5) Title certificate. Each conditional zoning petition
102 shall be accompanied by a certificate of title, prepared
103 and signed by an attorney licensed to practice law in the
104 Commonwealth of Virginia. The title certificate shall
105 describe the property that is the subject of the petition
106 and shall identify all parties having a recorded interest
107 in the property, including legal and equitable owners,
108 and shall state the source of title or interest for each
109 party. The certificate of title shall state the date
110 through which the attorney examined the title to the
ill property, which date shall not be more than six (6)
112 months prior to the date of the filing of the petition.
113 The city attorney shall reject any certificate of title
114 which, in his opinion, is incomplete or is otherwise
115 insufficient.
116
117 (6) Parties to sign the proffer. The written proffer shall
118 name as grantors all owners of the property and shall be
119 signed by all such parties. In the event that the
120 applicant for the rezoning is a contract purchaser, such
121 purchaser shall also be made a part to the proffer and
122 shall sign same. The foregoing provisions shall not be
1 2 3 construed as limiting the authority of the city attorney
124 to require that any additional person, firm, association
12 5 or corporation be made a party and sign the proffer,
12 6 when, in his opinion, the inclusion of such person, firm,
12 7 association or corporation is necessary to protect the
128 city's interest. Nor shall the foregoing be construed
129 as limiting the authority of the city attorney to require
13 0 that the proffer be approved by a court of competent
131 jurisdiction in the case of church property, or in any
132 other instance when the approval of the court is, in his
133 opinion, necessary.
134
2
13 5 (7) Procedure for proffering. Any rezoning applicant may at
13 6 his option submit a written proffer of conditions to
137 accompany his rezoning petition. Such written proffers,
138 together with the title certificate described in
139 subsection (4), shall be submitted to the planning
140 director at. I-Pagt gi-xty (60) days prier to the planning,
141 Bien publig hear-i:ng for- whial; Gon.ri-der-ation of thta
14 2 petitiqn i-g as part of the application. In
14 3 complying with the notice requirements set- for:Eh in
144 Section 107 (c) and 107 (e) of this ordinance, the planning
14 5 commission and city council shall state whether
146 conditions have been proffered, and such proffers shall
147 be made available for public review by the planning
148 director as part of the public documents in the case.
149 No later than thirty (30) days prior to the OGh.edli-,,I-ed,
150 planning GOTATA i gg i nn bparing, after receipt of the
151 proffers, the planning director shall subinit to the
152 petitioner a written statement containing the following:
153
154 (a) A list of identified problems or reasons, if any,
155 where the proposed rezoning may be deemed to fall
156 short of compliance with the various goals or
157 recommended land uses of the comprehensive plan or
158 the legislative intent of the Zoning Ordinance or
159 otherwise fail to comply with any city ordinance or
160 policy;
161
162 (b) The degree to which the proffered conditions respond
163 to the identified problems;
164
165 (c) A list of those proffered conditions, if any, that
166 do not respond to identified problems, are
167 insufficient to offset them, or that are not in
168 keeping with the criteria set forth in this section;
169
170
171 (d) A statement transmitted from the city attorney as
172 to whether the form of the written proffer is
173 legally sufficient.
174
17 5 (e) An indication of whether the identified problems,
176 in order to be adequately offset, will require the
177 proffer of cash contribution; dedication of real or
17 8 Personal Property, or Payment for or construction
179 of offsite improvements; and
18 0
181 (f) A date for the planning commission hearing, which
18 2 shall be within forty-five (45) days of the date of
183 the report if the indication in (e) above is
184 negative, and within seventy-five (75) days if
185 positive.
186
187 A copy of the written statement from the planning
188 director shall also be forwarded to the planning
189 commission at a time established by it. Upon receipt of
190 the statement, the petitioner may make any changes he
191 deems appropriate to the icritten proffer, provided that
192 they are submitted in writing at least fifteen (15) days
193 prior to the planning commission public hearing.
194 Provided however, that where the written Proffer 1provides
195 for a cash contribution, dedication of real or personal
196 property or payment for or construction of offsite
197 improvements, the planning director may reguire that the
198 iproffer be submitted at least forty-five (45) days iprior
199 to the public hearinq when, in his opinion, such
200 additional time will,be necessary to allow for adequate
201 staff review of the sufficiency of such proffers. Upon
2 02 receipt of the amended proffers, the planning director
2 03 shall make them part of the public record. The planning
2 04 commission shall not consider any proffer not made
3
2 05 available for public review for at least fifteen (15)
2 06 days prior to the public hearing. After holding a public
2 07 hearing on the proposed rezoning, the planning
2 08 commission, in taking its action on the proposal, may
2 09 recommend acceptance of all, acceptance of some and
210 rejection of some, or rejection of all of the proffers.
211 The planning commission may also, with the concurrence
212 of the petitioner, defer action to a later meeting for
213 the purpose of considering revised proffers, but only so
2 14 that such revisions are submitted and reviewed on the
215 same time schedule as for the original proffers, as
216 established in this section. Upon completion of planning
217 commission action, the matter shall be forwarded to the
2 18 city council in the manner of all rezonings. The city
2 19 council, in acting on the proposal may accept all, accept
2 2 0 some and reject some, or reject all of the proffers. The
2 2 1 city council may also modify any proffered condition, but
222 only with the concurrence of all parties to the proffer,
223 and only after a new public hearing is held to consider
2 2 4 the modified proffer with the modified proffer being
2 2 5 submitted in writing to the planning director at least
2 2 6 ten (10) days prior to said public hearing. The planning
227 commission and city council may reject any proffer for
2 2 8 failure to submit it in form acceptable to the city
2 29 attorney, and the city council shall accept only those
2 3 0 proffers submitted in form acceptable to the city
2 3 1 attorney. No proffer may be modified or added except in
2 3 2 accordance with these provisions. After the effective
233 date of this subsection, the city council shall attach
234 no condition to nor accept any proffer with a rezoning
235 except in accordance with this section. Nothing herein
236 shall be deemed to supersede any provisions of Section
237 107(a) through (f) of this ordinance.
2 3 8
239 (8) Recordation of proffer and amendment of zoning map. If
2 4 0 the city council approves the rezoning petition and
2 4 1 accepts the written proffer, the city attorney shall,
2 4 2 within ten (10) days of the city council's action,
2 4 3 examine the appropriate records so as to determine
244 whether any change in the interest in the property has
245 occurred since the date of the title certificate
24 6 described in subsection (iv) . In the event that the city
247 attorney determines that no such change in interest has
248 occurred, he shall, within the said ten (10) day period,
249 present the proffer to the clerk of the circuit court for
250 recordation. if the city attorney determines that a
251 change in interest in the property has taken place, and
2 5 2 that, in his opinion, such change may adversely effect
2 5 3 the city's interest, he shall notify the applicant in
254 writing that the proffer will not be recorded and that
2 55 the city council's action in approving the rezoning will
256 be rescinded and void unless an appeal is filed for a
257 hearing before the city council within sixty (60) days
258 of the date of the city attorney's letter. The city
259 attorney shall mail the notice described herein to the
260 applicant at the address given by the applicant on the
2 6 1 rezoning petition. In the event that the applicant files
262 an appeal within sixty (60) days of the date of the city
263 attorney's letter, he shall be given the opportunity for
2 64 a hearing before the city council. At the conclusion of
2 65 such hearing, the city council may, in its legislative
2 66 discretion, permit the applicant a certain amount of time
2 67 in which to correct the object raised by the city
268 attorney or may rescind its earlier action in approving
2 69 the rezoning. If either the applicant fails to file his
2 70 appeal within the said sixty (60) day period or upon
271 hearing the appeal the city council acts to rescind its
2 72 earlier action, the approval of the rezoning application
2 7 3 shall be void. In no event shall the zoning map be
2 7 4 changed to reflect the city council's approval of the
4
2 7 5 conditional zoning application until the planning
276 director receives written notice from the city attorney
277 that the proffer has been properly recorded.
2 7 8
2 7 9 (9) Effect of recorded proffers. Once proffered and accepted
2 80 as part of an amendment to the zoning ordinance, such
281 conditions shall continue in full force and effect until
2 82 a subsequent amendment changes the zoning on the property
2 83 covered by such conditions; provided, however, that such
284 conditions shall continue if the subsequent amendment is
2 8 5 part of the comprehensive implementation of a new or
2 86 substantially revised zoning ordinance. The zoning
287 administration officer is hereby vested with all
288 necessary authority to enforce such conditions.
2 8 9
290 (10) Amendments to accepted proffers. No amendment shall be
291 made to any accepted proffer except in the manner of a
292 new rezoning application as set forth herein.
2 9 3
294 (i) Petitions Not Meeting Minimum Requirements. Any petition
295 for which the parcel involved or structure on the parcel does not
296 meet minimum area or dimensional restrictions shall be processed
297 nevertheless, but shall not be approved by Council unless it finds
298 that either special circumstances pertinent to the site or special
299 conditions attached to the petition pursuant to Section (h) above
300 satisfactorily offset the negative effects inherent in the area or
301 dimensional deficiency.
3 0 2
3 03
304 Adopted by the City Council of the City of Virginia Beach,
305 March
306 Virginia, on the 5 day of 1991.
3 07
5
- 25 -
Item IV-H.3.f.
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
Upon motion by Councilman Jones, seconded by Councilman Brazier, City Council
ADOPTED:
Ordinance to AMEND the Master Street and Highway
Plan of the City of Virginia Beach adding,
relocating and deleting certain roads, (Map/plans
on file in the Planning Department).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE To AMEND
TTIE @ gl= AND HIGMAY PLAN
DATED DECEM13ER 16, 1974
BE IT 0 BY 'BIE COMCIL OF nIE CIRY OF VIRGINIA BFAal, VI@INIA:
@t @ Master Street @ Ilighway Plan dated r 16, 1974, is
hereby amended as follows:
1. Relor-ating the proposed 4-lane parkway @ion parallel to and
north of North I-anding Road now shown to terminate at Salem Road
so that it intersects with Indian River Road, as shown on drawings
on file in the Plannincj Deparbnent.
2. Including the Courthouse Loop as a 4-lane divided roadway as shown
on drawincjs on file in the Plaming DeparbTkent.
3. Including city Line Road as a 4-lane divided roadway from K ille
Road to I-64 as shown on drawings on file in the Planning DepaLrtment.
4. R@ing West Neck Road as a 4-lane divided roadway with bikeway
from North landing Road to Indian River Road as shown on drawings
on file in the Planning Deparbnent.
5. Removing a 4-lane parkway palrallel to and south of North landing
Road from Indian River Road to Princess Anr)e Road as shown on
drawings on file in the Plann@ Department.
6. RemovirKj a 4-lane divided roadway shmm to extend from the
intersection of Princess Anne Road aricl Holland Road southeasterly
to inter@ Pr@s Anne Road again north of seaboard Road as
shown on drawings on file in the Planning Deparbnent.
Adopted by the Council of the city of Virginia Beach, Vircjinia, on
the- 5 day of March 1990.
ikki
.2 2F-@/
- 26 -
Item IV-H.3.g.
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Article 4 of the
City Zoning Ordinance re Agricultural Districts.
This MOTION will accomplish the following:
(1) The Agricultural Lands Overlay District is
REPEALED.
(2) New Zoning Regulations are established.
(3) The Zoning maps are rejected, as they are not
needed.
(4) The perfunctory change to Section 102 is
rejected, because a new zoning district is not
created.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor
Robert E. Fentress, Harold Heischober, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan and
William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Robert W. Clyburn
AN ORDINANCE '10 AMR-ND AND REORDATN
ARrICLE 4 OF THE CII'Y ZONING OIZDINANCE
PERrAINING TO 'niE AGRECUI,'IIJPAL DIGMCTS
BE IT ORDAINED BY 'nlE ODUNCIL OF IIIE CITY OF @INIA BEAC7[, VI@NIA:
liliat Article 4 of the City Zonimj ordiiiance be amended and reordained
as follows:
Sec. 400. @i.slative intent.
@e purpose of the AG-1 and AG-2 Acjricultural Districts is to protect
and preserve agrictiltural lands for agric-ultural functionsr@@l-@@@
d@ and to protect and
preserve agricul.tural larids and activities in the rliral areas of the ci.ty in
hargiony witli_reasonable I.evels of rural residential development and in
keepiLng wi.th tlie ial rural cliaracter, eiivironmental protection needs,
and Iiiiiited rural iiifrasti-Licttii.-e availai@le.
@r-400@05-. Aejr@l-@l-@ -A@ @lay
PLt -ard-47nt-ent-.---The-
area!3 -of --- t+@ @i-t-p @ f- -V i L-g i n i a - @@ -f@ -
siial4
nce f - th e - ei t- Vit*tA@ @f-i i-,- -t@ be
or r@@titm
e,f--the
Ir-with-eaeh-dM
--- In-tlie
it-ted reminim
Any-stiMivisian-thiere all
ord
AtV-stIM4vis4ei,%
(4y
Eki
-with-"nwd-l- -is
ed t]@] t"vat-i bl &wi-th
The e4 -d@l
in4he-@rm@f
thie-w@@@
or eu,tt@ive@,
1,5ji
V-T
w@ the
Sec. 401. Use regulations.
(a) Principal and conditional uses. lilhe following chart lists those
uses permitted within the AG-1 aiid AC-2 Acjricultural Districts. Those uses
and structures in the respective agriculttiral districts smil be @tted
as either principal uses indicated by a "Pll or as conditional uses indicated
by a "C." Uses and structures indicated by an "XII shall be prohibited in
the respective districts. No uses or structures other than as specified
shall. be permitted.
AG-1 AG-2
AqricultLiral, aguacultural and hor-ticultural uses,
including orchards, vineyards, nurseries, vineyards,
nurseries and the raising and qrazing of livestock anel
@ swine and the keeping of bees p p
Airports, heliports and helistops c c
Animal hospitals, pounds, shelters, @.cial ard
residential kennels c c
Borrow pit c c
Cemetery, col@rium, crematory and musoleum c c
Child care education centers in connection with public
or private elementary schools or churches p p
Child care education centers, day nlirseries, other than
those permitted as principal uses and structures, wlien
not operated by a public agency c c
Cliurchc-@ c c
ity centers c c
CDuntry inns c c
Drive-in tlieaters c c
Dwelling, sirxgle-family addition p p
Dwellings, duplex x x
DwellirKgs, single-family c P c
Family care hc)ines, foster homes or group homes c c
Fish hatcheries and fish ponds p p
Forests and forestry p p
Fraternity and sorority houses, sti-ident dortnitoripg and
student centers; provided that they be located within
a one-mile radius of a college or university c c
Game preserves p p
Golf @urses, including par 3 witli a min!mlim area of io
acres, and miniature golf courses c c
Home o=ipations, inciiiding those conducted outside the
principal structures c c
Hcmes for the aged, disabled or handicapped, including
convalescent or nursing homes c c
flospitals and sanitariums c c
AG-1 AG-2
Lodges for fraternal organizations c c
marinas, no rcial and @inity boat docks c c
maternity hcuies c c
Monasteries and convents c c
Muse@ and art galleries wtien not operated by a public
ageiicy c c
Private sdiools havii)U cLirric-ulLmis similar to publi.c
schoc)].s c c
@iblic elementary, iiitermediate and li.i.gli schools, colleges
and tiniversities# day ntirseries in connectio@i witli public
or private elernentary schools or churdies p p
Public @rks, recreational areas, bot-aili@l arK] zoc)logical
gardeiis, golf cotirses, m. riiias an(i otlier PLIBI ic Lmild@s
ar)d tises p p
Public utility @tallations and suL-Gtatic)ns; provided
offices, storage or mintenance faciliti.es sliall not
be permitted; a@ provided, further, tliat utilities
SLibstatioiis otlier tliaii i.iidividlial transfonrers, shall
be surrolitided by Cateuot-y v screenincj, solid except
for etitxai@s at)d exit-s; and provided also, traiistonner
vaiii,ts for titidergroliid utilities ai-Ki t-lie like sliall
require Category I suree-ni@, solid except for access
openiiigs p p
PLiblic titility ti@iiisformer st-atioiis and mjor transmission
statiojis and mjc)r traiismissioii lines and towers (50,000
volts or more) c c
Recreation and anisement facilities of an outdoor nature
oUier Uian those specified as priiicipal tises, %Aiich my
be partially or teayporarily enclosed on a seasonal
basis, with the approval of city coulici.1 c c
Repair of agricult-ural eql]i@t c c
Recreational campcjrolir)ds c C'
Ret,dil sales of garde-ii SLIPPlies, e(]Llir)lrent, arK] mterial,
as a stibsidiary tise to a plarit niirsery, I)rovided tliat
tlie sales i.s enclosed aiyl liniite(i to a iiiixiiiitlm floor
area of five hundred (500) @iare feet c c
Ridii-Kj academies, liorses for Iiire or boardixig c c
Shel.ter for farm employees c c
Storage and mintenaiice iiistallatioiis for ptiblic uti.lities c c
Televisioii or otlier broadcasting stations and line-of-sicjht
relay devices c c
tqells, water reser-voirs, a@ water control. str-uctures p p
(b) Accessory LLses atid structlires. Uses and stnictures which are
customrily accessor-y and cle-irly incidental and subordinate to principal
uses and structures, including but not 1!iTiited to:
(1) In connection witli acjricultural Lise, no more than one (1) rc)adside
stand for sale of agric-Lilttiral prCdLICtS PrOdLiced L)y the operator of the
roadside stat)d, provided tliat:
No slich stand shall exceed ne tilolisarkd
(1000) square feet in floor area;
No stajid sliall be erected within feet
of the property line fronting on any street;
'Ibe operator of the stzkrd mist be the owner or operator of
the agricLiltLiral proper-Ly on @iich tlie stancl is located;
(iv) At least fifty (50) per@it by value of the produce sold frcm
ttie stand sliall liave been prol]uced
wit@-t-4@@nd-i-s- ie o rator of e roadside sta@.
(2) An accessory activi.ty operated for profit in a residential dwellir)g
uiiit iaiere tl)ere is no cliamje in tlie outside appearance of the btil.lding
or preinises or any visible c)r alidible evidence detectable fruit outside
Uie building lot, eitlier pertnane-iitly or intermittently, of the coi)duct
of such busi.pess except for one (1) nonilluninated identification sign
not more than one (1) sqliare foot in area @i)ted flat against the
residence; ,Aiere no traf f ic is generated, incliidincj traf f ic by @cial
delivery vehicles, by sucli activity in greater volumes than would
normall.y be expected in tlie neigliborliood, and any need for parking
generated by the condtict of suc@li activity is met off the street and
otlier thaii in a reqllired front yard; ,Aiere tlie activity is conducted on
the premises wiiich is Uie L)ona fide resideiiee of the principal
practitioner @ no person other than rs of the i@iate family
OCC-Lipyll@ SLI@ii dwell.ilkg L)nits is eitiployed in tlle activity; where such
activity is corbdlicted only in tjie princi@l strucl-ure on the lot; udiere
tAiere are no sales to the general ptiblic of produ@ or merc-ha@.se
from the tiome; ancl wtiere tlie activity is speci.fically designed or
condticted to permit no more iaian one patron, customer, or pi-ipil to be
prese-iit on tlie premises at aiiy one time. lilie fol.l.owi@ are specifically
prohibited as aocessory activities: Conval.eseent or nursim h@,
toiirist li@, mssage parlors, radio or televisic)n re@ir sliops, a'uto
rel@iz7 sli@, or similar establjsliiretit--s.
Sec,,. 402. Dimensional. reqtiir@iitis.
'ilie following c@liart lists tlie reqllireinents witliin tlie AG-1 and AG-2
Agric,Liltural- Districts for ininimum I.ot area, width, yard spacing, mxirntun
lot coverage and liei.glit regulatioiis for sii)gle-family dwellings.
(a) For siilgle-family dwelliiqs: Aqr@i@iltural Di.stricts
AG-1 AG-2
(1) Miilimum lot area: Iacre Iacre
(2) Mi.iiii@ lot width: 150 feet 150 feet
(3) Miniimim front yard setw-ck: 50 feet 50 feet
(4) MininRim side yard se@clc: 20 feet 20 feet
(5) Mininitim rear yard setback: 20 feet 20 feet
(6) Maxinwm lot coverage: 15 percent 15 percent
(7) Maxilmim heiglit: 35 feet 35 feet
(8) '11)e setback for ai)y yard tliat adjoins amjor street or right@f-
way desi(jmted on the official. transportation plan shall be 50 feet.
'Ibe followi@ cl@ lists the requir@its within tlie AC-1 and AG-2 Agricultural
Distri@ for minimum lot area, widtli, yard @cing, maxiiaim lot ooverage
and height reVIations for uses arK] structtires other than dwelli.ngs.
(b) ror uses other than dwellit)gs: Agricultural Districts
AG-1 AG-2
(1) Minimum lot area: 3 acres 3 acres
(2) Minimum lot width: 150 feet 150 feet
(3) Minimm froiit yard setlack: 50 feet 50 feet
(4) Ite setback for roadside stands for any yard adjacent to street
shall be 20 feet.
(5) MinimLun side yard se@ck: 20 feet 20 feet
(6) Miniuim rear yard setback: 20 feet 20 feet
(@7) Maximim lot coverage 15 percent 15 percent
(8) 'llie setJDack for any yard that adjoins a major street or right-of-
way desigriated on the off icial transPOrtation plan shall be 50 feet.
(9) 'lliere shall be no noxiiiium lieiglit requireinents for uses otlier than
dwelli@s in the Acjricultural Districts except that no building or
other struc-ttire slial.l. exceed the I)eight limit established by
@ion 202(b) recjardii)g air navigatioll.
Sec. 403. Sign regulations.
(a) Not to ex@ one (1) identifi.cation sign not mre tllan sixteen
(16) sqitare feet in area for eacli princi,pal entrance or frontage of any Lise
except chtirches ani educational. iiisti,tutions, for whicli tlie nex@ area per
sigii sliall not exceed tliirl-y-two (32) sqliare feet.
(b) Signs advertisincj property for sale, lease or rent, provided t-hat
no sticii siqn shall exceed tliirty-two (32) sqliare feet in area, tjlat not more
ttian one (1) sucli sigii sl)all be erected for eacli one hurkked (100) feet of
lot line at tlie stxeet riglit-of-way, and that not more tlian fotlr (4) such
signs slial.1 be erected on any property. Any proper-ty having less fron@ge
or lot line adjoining a street niay liave one (1) sign not ex@ing si.xteen
(.16) @iare feet of skirfa@ arei.
(c) Agri(,ulttiral prodiicts sicilis displayed on any fann by the owner or
o@ator for tl)e piirpose oE identifyii)g stic@ti farm and adverti.sit)g the prc)dL]@
or crops t-liereof; provided that no sticti sign stiall exceed tliirty-two (32)
scffiare feet in area, tliat iiot more than oiie (1) stich si.gn sliall be erected
for eacli fi.ve liliiy-lred (500) feet of lot line at tlie street right-of-way, and
tliat suc@ll sicp-s sl@1.1. lDe removed proniptly followirq the harvest season. In
no event sliall stich sigiis be displayed for over six (6) mntlis in any (--alendar
year.
Sec. 404. Parkirxg regulations.
Parking shal.1 be retiired for al.1 Llses and structlires permitted in the
AG-1 and AG-2 Agric-,tiltL]ral. Distri.cts in ac)cordance wi.th section 203.
Sec. 405. Other Regulations Applicable to Residential Develo@t
Notwithstandir
regulations shall
Districts.
@a Cow)cil Pav at the
number of res ial
Council shall oonsider:
been allowed by ricthtc ion of the tract under the
t)rovisions of the AG-
as they isted on I&-
residual a-
development furthers t
lbl Cc)uncil rmv at the
rate of devel an the tract. I
Council @ it the rate
to no than 2 lo n 12 @n
cr6ated by subdivision for esident
oc)r)ditional use
the subject pror
(c) Council mav at co@itions
onto the existinci rural roads, and in
conditic)n other
character
lots in the future. the number-of
shall be kept to the low
than two lots fr4 of
the ordinance be served bv new dr
ancl the t must be
flowever, if the existirx
on existing roads th_en
with dri
11 exis
(d) All otlier reciuirements
in effect. thi here
use ly created as of th of
Adc)ptecl by the Council of the City of Virginia Beach, Virginia, on the
5 day of March 1990.
- 27 -
Item IV-H.3.h.
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
BY CONSENSUS, City Council, afer adopting the Amendment to Article 4 of the CZO
re "Agricultural Districts", REJECTED:
Ordinance to AMEND and REORDAIN Article 1, Section
102(a) of the City Zoning Ordinance re establishing
a Rural Preservation Overlay District;
AND,
AMEND and REORDAIN Zoning Maps of the City of
Virginia Beach to indicate location of property to
be subject to the Rural Preservation Overlay
District.
Voting: BY CONSENSUS
(These amendments were not applicable)
- 28 -
Item IV-H.3.i
COMPREHENSIVE PLAN ITEM # 34162 (Continued)
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, registered in OPPOSITION.
Upon motion by Councilman Heisc@ober, seconded by Vice Mayor Fetress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 201(e) of
the City Zoning Ordinance re requirements for
fences and walls.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr. and Paul J. Lanteigne
Council Members Absent:
None
AN ORDTNANCE TO AMEND AND REORDAIN
SECTION 201 (e) OF THE CITY ZONING ORDINANCE,
3 PERTAINING TO REQUIREMENTS FOR FENCES AND WALLS
4 BE IT ORDAINED BY TEE CITY COUMCIL OF TBE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That Section 201(c) of the City Zoning ordinance,
7 pertaining to requirements for fences and walls, be, and hereby is,
8 amended and reordained, and stiall read as follows:
9 sec. 201. Yards.
10 (a) Gencral. All roquired yards shall be unobstructed by any
11 structure or other improvement which excceds sixteen (16) inches
11 in height as measured from ground elevation; provided, however, the
13 following improvements may be located i.n a yard:
14 (1) In-ground swinuning pools may extend to within five
15 (5) f(,et of any side or rear property line, provided
16 however, that no in-ground swimming pool shall
17 extend into any required yard adjacent to a street.
18 The following improvements may be located in a yard
19 without regard to height unless regulated by other
20 sections of this ordinance:
21 (2) Fences, walls, poles, wires and customary yard
22 accessories;
23 (3) Roof overhangs or eaves which do not extend more
24 than four (4) feet into the yard;
25 (4) Residential heating and cooling equipment which does
26 not extend iiiore tban five (5) feet into the yard and
27 which is no closer than five (5) feet to the nearest
28 lot line; and
29 (5) C.@timneys whicli do not extend more than twenty-four
(24) incbes into tbe yard.
31 No provision of this sccti-on shall be iriterpreted to permit
32 the construction of a jacuzzi, hot tub or similar apparatus in any
33 yard regardloss of hoight; nor shall this section be interpreted
34 to inean that ariy structiire or improvement listed above need not
35 coinply with other sections of this Code pertaining to height
36 limi.tations and obstruction of visibility.
37 In addition, certain other structures, uses or accessories may
38 be prohibited iri certain yards as set forth in the applicable
39 district regulations.
40 (b) Relationship to ultimate right-of-way. As an exception
41 to tlie requireinents above, whcre transportation plans have been
42 approved and adopted by thc city council, all yard requirements
43 shall be ineasured from the ultimate right-of-way line established
44 on said transportation plan or the street frontage line, whichever
45 is tlic greater distance from the established centerline of the
46 traiisportation plan.
47 Wheiiever the sidc or rear yard of lot abuts a public
48 right-of-way not,more than twcnty (20) feet in width, the side or
49 rear yard adjacent to such public right-of-way shall comply with
50 the side or rear yard requiremcnt which woiild apply to that lot if
51. it did not abut a public right-of-way.
52 (d) Requirements relating to garages and carports in yards.
53 No portion of any ga.rage or carport shal.1 occupy any required
54 front, side or rear yard.
55 (e) Requiremerits for fenccs and walls.
56 (I.) Fences and walls shall not exceed a height of eight (8)
57 feet. walls and fencos may project into or encl.ose any
58 part of any yard; provided, however, that any fence or
59 wall which projects into or encloses a required front or
60 side yard ad.jacent to a street shall not excecd a height
61 of four (4) feet cxcept in the case of a through lot when
62 a required front yard setback is clearly and physically
63 tbe rear of the dwelling, an eight-foot fence will be
2
G4 allowed, and provided further that no fence or wall may
65 be erected closer than five (5) feet to any right-of-
66 way lirie, aiid wlir--,i:e it is cic)ser than tcn (10) feet to
67 ally rigbt-of-way line,_@t shall have inslalled between
68 it and the right-of--way line Category I landscaping.
69 (2) Barbed wire and c]-ectrified fences are prohibited in all
70 residential and apartment districts or within fifteen
11 15) f ect thercof . Cliaiii link f ences shall be permitted,
72 provided that Cateqory I landscaping stiall be installed
73 between the entire
74 public right-of-way.
75 .(3) Fences sliall be proliibited alorig tbat portion of a
76 parkirig area of oiic (1) or mot-e parking spaces which is
77 adjacent to a strect, unless required by other sections
78 of thi,- ordinaiice or a conditional use permit; except
79 this shall riot pertain to a decorative fence (excluding
80 wire woven ferice) with aL least seventy-five (75) per
81 cerit unobstructcd light penetration which meets all
82 applicable height limits for ferices.
83 (4) All required fences and walls shall be erected and
84 iiiaintained in acc:ordance with the standards and
85 specifications set f ortli iii the Virginia Beach
86 Landscaping, Screening and Buffering Specifications and
87 Standards.
88 (5) Al.1 feiices and walls, or porlions tlicrcof, whicb arc
89 located wi.thin thirty (30) feet of, and are substantially
90 parallel to, ariy public right-of-way shall comply with
91 tlie standards pertaining to fences and walls set forth
92 in the Virginia Beach Landscapinq, Screening and
93 Btiffering Specifications and Standards. Any such fence
94 at wall located on a throuqh lot shall also have a gate
95 through which ingress and egress.is provided.
96 (6) No nonconforining fence or wall located within thirty (30)
97 feet of, and substantially Parallel to, anv Public right-
98 of-way sliall be enlarged, extended, relocated. or
3
99 tecoristruf-,tecl, nor. shal.1 more than fifty (50) per cent
00 of any nonconforminq fencc or wall be replaced within anV
103. two-year period, unless sucb fence or wall is brought
102 .!-nto conformitv wi.th the provisions of this section. As
1 03 used horein, the term "nonconforming fence or wall" shall
104 inean any fence or wall which was lawfull.v constructed
105 prior to the adoption of this scction and which fails to
1.06 conform to any of the requirements of this section.
107 These provisions shall apply notwithstanding that the
108 replacemcnt, reconstruction or relocation of a fence or
109 wall, or portion thereof, is made necessarv or otherwise
110 Dccasioned by rcason of condemnation or involuntary
ill destruction or deterioration of, or damage to, such fence
112 or wall or portion thereof.
113 (7) The provisions of tllis section shall not apply to fences
114 or walls used principally for agri.cultural or
L15 hort.iciiltural purposes.
L16 tf) vision clearance at inters(,ctions. Visibility triangles,
L17 within which nothing shall be erected, pl.aced, or parked, planted
@18 or allowed to grow, in such a manner as to impede vision bctween a
.19 height of two and one-half (2 1/2) and eight (8) feet above the
20 centerlines of intersecting trafficways shall be provided as
21 follows:
22 (1) Street intersections. A visibility triangle shall be
23 required at all street intersections including at least the are
24 wi.thin the first twenty (20) feet along the intersecting right-
25 of-way (projected if rounded) and a line corinecting the ends of
26 such twenty-foot lines. Where sidcwalks hav-c been provided within
27 the right-of-.way line.
28 (2) Intersections of driveways with streets. No wall, fence
29 or otlier strticture shall exceed a height of thirty (30) inches
30 above the finished elevation of a drivcway within a visibility
31 triangle created by measuring ten (10) feet in from the
12 intersection of a driveway boundary and property lines away from
@3 the driveway with the ends of the two (1) tend-foot lines connected
4
1 3 4 in a straight line to form the visibility triangle. The thirty-
1115 j-nch height for any portion within the triangle shall be computed
136 from the elevation of the drivcway which is perpendicular to that
137 portio of wall or structure within the triangle.
ADOPTED: March 5,1991
3.38 CA-3860
139 Noncode\CZO201.ORN
1.40 Rl
- 29 -
Item IV-1. 1.
BID ITEM # 34163
GI les Dodd, Assi stant City Manager for Admi ni stration, advi sed at I 1:00 A.M. ,
March 5, 1991, the Clty received five (5) Bids tor $39,850,000 General
obligation Public Improvement Bonds, Series of 1991A.
Syndicate He B True Interest Cost
Smith Barney 6.5876 %
Chase Securieties 6.59625
J. P. Morgan 6.59806
Goldman Sachs 6.60949
Manufacturers Hanover 6.62233
This year's Interest Rate (6.5876%) is the lowest in twelve (12) years.
- 30 -
Item IV-1.2.
CITY MANAGER'S RECOMMENDATION ITEM # 34164
The City Manager's letter reflected the bids on the $39,850,000 General
Obligation Public Improvement Bonds, Series of 1991A, are Indicative of current
market conditions and the market's continued positive perception of the City's
credit quality. The City's financial advisors, Government Finance Associates,
Inc. and the Government Finance Research Center recommend the City accept the
low bid of Smith Barney, Harris Upham and Company, Inc. and recommend the
prompt award of the bonds.
- 31 -
Item 1V-I.3.
RESOLUTION ITEM # 34165
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
council ADOPTED:
Resolution awarding $39,850,000 General Obligation
Public Improvement Bonds, Series of 1991A, to
SMITH BARNEY in accordance with the terms of their
bid which shall bear interest at 6.5876 percent as
set out in such bid.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
This item was MOVED FORWARD on the Agenda.
The undersigned City Clerk of the City of Virginia Beach,
Virginia, hereby certifies that:
1. A regular meeting of the City Council of the City of
Virginia Beach, Virginia (the "Council"), was held on March 5,
199i, at which the following members were present and absent:
PRESENT:
John A. Baum
James W. Brazier, Jr.
Robert W. Clyburn
Vice Mayor Robert E. Fentress
Harold Heischober
Louis R. Jones
Paul J. Lanteigne
Reba S. McClanan
Mayor Meyera E. Oberndorf
Nancy K. Parker
William D. Sessoms, Jr.
ABSENT:
None
2. A resolution entitled "Resolution Awarding $39,850,000
General obligation Public Improvement Bonds, Series of 1991AII was
adopted by an affirmative roll call vote of a majority of all
members of the Council, the ayes and nays being recorded in the
minutes of the meeting as shown below:
MEMBERS VOTE
John A. Baum Aye
James W. Brazier, Jr. Aye
Robert W. Clyburn Aye
Vice Mayor Robert E. Fentress Aye
Harold Heischober Aye
Louis R. Jones Aye
Paul J. Lanteigne Aye
Reba S. McClanan Aye
Mayor Meyera E. Oberndorf Aye
Nancy K. Parker Aye
William D. Sessoms, Jr. Aye
3. Attached hereto is a true and correct copy of such
resolution as recorded in the minutes of the meeting on March 5,
1991, and as approved by the Mayor.
4. This resolution has not been repealed, revoked,
rescinded or amended and is in full force and effect on the date
hereof.
RESOLUTION AWARDING $39,850,000 GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS, SERIES OF 1991A
WHEREAS, the Council of the City of Virginia Beach, Virginia
(the "City"), by resolution adopted on February 12, 1991 (the
"Bond Resolution"), authorized the sale of $39,850,000 General
obligation Public Improvement Bonds, Series of 1991A (the "Series
of 1991A Bonds"); and
WHEREAS, pursuant to sale procedures set forth in the City's
Notice of Sale, sealed bids for the Series of 1991A Bonds were
received in the office of the City Manager at 11:00 a.m., local
time, on this date. Each of the bids offered to pay par, a
premium as indicated and accrued interest on the Series of 1991A
Bonds from the date of the Series of 1991A Bonds to the date of
delivery:
1. Bid of Manufacturers Hanover
off ering to pay a premium of $ 5,605.45 or the Series of 1991A
Bonds bearing interest at the rates set forth in Column 1 on
Exhibit A attached hereto.
2. Bid of J.P. Morgan
off ering to pay a premium of $ 5,372. for the Series of
1991A Bonds bearing interest at the rates set forth in Column 2
on Exhibit A attached hereto.
3. Bid of Chase
offering to pay a premium of $ 8.50 for the Series of i991A
Bonds bearing interest at the rates set forth in Column 3 on
Exhibit A attached hereto.
4. Bid of Smith Barney
offering to pay a premium of $ 2,202.50 for the Series of
1991A Bonds bearing interest at the rates set forth in Column 4
on Exhibit A attached hereto.
5. Bid of Goldman Sachs
offering to pay a premium of $ 12,UbU.@b for the Series of 1991A
Bonds bearing interest at the rates set forth in Column 5 on
Exhibit A attached hereto.
6. Bid of
offering to pay a premium of $ for the Series of
1991A Bonds bearing interest at the rates set forth in Column 6
on Exhibit A attached hereto.
7. Bid of
offering to pay a premium of $ for the series of 1991A
Bonds bearing interest at the rates set forth in Column 7 on
Exhibit A attached hereto.
8 . Bid of
offering to pay a premium of $ for the Series of
1991A Bonds bearing interest at the rates set forth in Column 8
on Exhibit A attached hereto.
9. Bid of
offering to pay a premium of $ for the Series of 1991A
Bonds bearing intbrest at the rates set forth in Column 9 on
Exhibit A attached hereto.
10. Bid of
offering to pay a premium of $ for the Series of
1991A Bonds bearing interest at the rates set forth in Column 10
on Exhibit A attached hereto.
WHEREAS, representatives of Government Finance Associates,
Inc. and Government Finance Research Center, the City's financial
advisors reported that the bid of Smith Barney
, a copy of which
bid is attached hereto and made a part hereof, offered to
purchase the Series of 1991A Bonds at the lowest cost to the
City, determined in accordance with the Notice of Sale, and
recommended acceptance of the bid.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGIllIA THAT:
The Series of 1991A Bonds, the form and details of which
have heretofore been prescribed by the Bond Resolution are hereby
awarded to Smith Barney in accordance with the
terms of their bid and shall bear interest as set out in such
bid.
Adopted this 5th day of March, 1991, by the Council of the
City of Virginia Beach, Virginia.
APPROVED:
MAYOR
EXHIBIT A
SUMMARY OF BIDS FOR
$39,850,000 CITY OF VIRGINIA BEACH GENERAL OBLIGATION
PUBLIC IMPROVEMENT BONDS, SERIES OF 1991A
Maturity Amount 1 2 3 4 5
1992 1,995,000 6. 50 6.60 6. 30 6. 25 6. 50
1993 1,995,000 6. 50 6.60 6. 30 6. 25 6.50
1994 1,995,000 6.50 6. 60 6. 30 6. 25 6.50
1995 1,995,000 6. 50 6. 60 6. 30 6.25 6.50
1996 1,995,000 6.50 6. 60 6. 30 6. 30 6. 50
1997 1,995,000 6. 50 6. 60 6.35 6. 30 6. 50
1998 1,995,000 6.50 6.60 6.35 6.30 6.50
1999 1,995,000 6.50 6. 60 6. 35 6. 30 6.50
2000 1,995,000 6. 50 6.60 6. 35 6.30 6. 50
2001 1,995,000 6. 50 6. 60 6. 35 6. 30 6.50
2002 1,990,000 6. 60 6.60 6. 35 6. 30 6.50
2003 1,990,000 6. 60 6. 60 6. 50 6.40 6.50
2004 1,990,000 6.60 6. 60 6.60 6.60 6.50
2005 1,990,000 6. 60 6. 60 6. 70 6. 70 6. 60
2006 1,990,000 6. 70 6. 60 6. 75 6.75 6. 70
2007 1,990,000 6. 70 6. 60 6.80 6. 80 6. 75
2008 1,990,000 6. 70 6. 60 6. 80 6. 875 6. 75
2009 1,990,000 6. 75 6. 60 6.80 6. 875 6. 75
2010 1,990,000 6. 75 6. 60 6.85 6.875 6.75
2011 1,990,000 6. 75 6. 60 6. 85 6. 875 6.75
Maturity Amount 6 7 8 9 10
1992 1,995,000
1993 1,995,000
1994 1,995,000
1995 1,995,000
1996 1,995,000
1997 1,995,000
1998 1,995,000
1999 1,995,000
2000 1,995,000
2001 1,995,000
2002 1,990,000
2003 1,990,000
2004 1,990,000
2005 1,990,000
2006 1,990,000
2007 1,990,000
2008 1,990,000
2009 1,990,000
2010 1,990,000
2011 1,990,000
WITNESS my signature and the seal of the City of Virginia
Beach, Virginia, this _ day of March, 1991.
City Clerk, City of Virginia
Beach, Virginia
(SEAL)
I
- 32 -
Item IV-J.
CONSENT AGENDA ITEM # 34166
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED In ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 a/b/c/d/e and 8 of the
CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and Wiiliam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 33 -
Item ]V-J.l
CONSENT AGENDA ITEM # 34167
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 23-13 of
the Code of the City of Virginia Beach, Virginia,
re disorderly houses.
Voting. 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay.
None
Council Members Absent:
None
APPROVED AS TO CONTE?,,Tr
SIGNAIURE
@-.PPPOVFD AS TO LEGAL
1 s ND FORM
2 AN ORDINANCE TO AMEND AND
3 REORDAIN SECTION 23-13 OF THE eliy ATTORNEY
4 CODE OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA, PERTAINING TO
6 DISORDERLY HOUSES.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 23-13 of the Code of the City of Virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 23-13. Disorderly houses.
12 (a) It shall be unlawful for any person in the city to keep,
13 maintain or operate, for himself or as an officer of or agent for
14 any corporation, association, club, lodge or other organization,
15 or under the guise of any corporation, association, club, lodge or
16 other organization, any disorderly house or place where disorderly
17 persons meet or may meet for the purpose of illegally dispensing
18 or indulging in intoxicating liquors or illicit drucrs. or to
19 engage in boisterous or other disorderly conduct. In any
20 prosecution for this offense, the general reputation of the place
21 in question may be proved.
22 (b) It shall be unlawful for any person to frequent, reside
23 in or visit any place referred to in subsection (a) of this
24 section for the purpose of illegally dispensing or indulging in
25 intoxicating liquors or illicit drugs, or to eng in boisterous
26 or other disorderly conduct.
27 (c) A violation of any provision of this section shall
28 constitute a Class 1 misdemeanor.
29 Adopted by the Council of the city of Virginia Beach,
30 Virginia, on the 5th day of March 1991.
31 CA-3580
32 \ordin\proposed\23-013.pro
33 R-1
34
- 34 -
item IV-J.2
CONSENT AGENDA ITEM # 34168
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOP'TED:
Ordinance to authorize acquisition of property in
fee simple for right-of-way and the acquisition of
temporary and permanent easements of right-of-way,
either by agreement or condemnation, re traffic
control easement for Pacific Avenue at 24th Street
(CIP 2-816).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Mayera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 kN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR
3 PACIFIC AVENUE AT 24TH STREET (CIP 2-816)
4 TRAFFIC CONTROL EASEMENT AND THE ACQUISITION
5 OF TEMPORARY AND PERMANENT EASEMENTS OF RIGHT
6 OF WAY, EITHER BY AGREEMENT OR CONDEMNATION
7 WHEREAS, in the opinion of the Council of the City of
8 Virginia Beach, Virginia, a public necessity exists for the
9 construction of the traffic control and for other public purposes
10 for the preservation of the safety, health, peace, good order,
11 comfort, convenience, and for the welfare of the people in the City
12 of Virginia Beach:
13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
14 OF VIRGINIA BEACH, VIRGINIA:
15 Section 1. That the City of Virginia Beach is hereby
16 authorized to acquire by purchase or condemnation pursuant to
17 Sections 15.1-236, et seq., 15.1-898, 15.1-899, and Section 33.1-
18 89, et seq., Code of Virginia of 1950, as amended, all that certain
19 real property in fee simple, including temporary and permanent
20 easements of right of way as shown on the plans entitled "PLAT
21 SHOWING TRAFFIC CONTROL EASEMENT CONVEYED TO THE CITY OF VIRGINIA
22 BEACH FROM THE SOUTHLAND CORPORATION VIRGINIA BEACH BOROUGH -
23 VIRGINIA BEACH, VIRGINIA BUREAU OF SURVEYS AND MAPPING ENGINEERING
24 DIVISION DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH,
25 VIRGINIA," these plans being on file in the Office of Real Estate
26 Department of Public Works, Virginia Beach, Virginia.
27 Section 2. That the City Manager is hereby authorized
28 to make or cause to be made on behalf of the City of Virginia
29 Beach, to the extent that funds are available, a reasonable offer
30 to the owners or persons having an interest in said lands, if
31 refused, to request the City Attorney to institute proceedings to
32 condemn said property.
33 That an emergency is hereby declared to exist and this
34 ordinance shall be in force and effect from the date of its
35 adoption.
36 Adopted by the council of the City of Virginia Beach,
37 Virginia, on the 1991.
38 CA-3947
39 NONCODE\PACIFIC.
40 R-1
3nN3AV OlzilOVd
2@i
El
C@A
LOCATION MAP
- 35 -
Item IV-J.3
CONSENT AGENDA ITEM # 34169
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance authorizing the City Manager to enter
Into a cost participation agreement with Pembroke
Square Associates re construction of a sewer pump
station; and, TRANSFER $250,000 from Project 6-605
Pump Station Modifications to Proj ect 6-0378
Pembroke/Jeanne Pump Station to cover City's share
of construction costs.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McC[anan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
C)ounci I Members Absent:
None
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
2 INTO A COST PARTICIPATION AGREEMENT FOR THE CONSTRUCTION
3 OF A SEWER PUMP STATION AND TO TRANSFER $250,000
4 TO PROJECT 6-037 PEMBROKE/JEANNE PUMP STATION TO
5 COVER THE CITY'S SHARE OF CONSTRUCTION COSTS
6 WHEREAS, projected future sewage flows in the Independence Boulevard/
7 Jeanne Street area would raise the level of surcharge and increase the potential
8 for overflow in the Pembroke Manor Pump Station and the surrounding gravity
9 system and will result in increased maintenance costs as well as potential
10 clean-up costs, fines and lawsuits;
11 WHEREAS, to serve existing zoning and Comprehensive Plan densities and
12 provide the ability to receive added flow, the city seeks to enter into a cost
13 participation agreement with Pembroke square Associates for construction of a
14 new sewer pump station, force main, and gravity lines;
15 WHEREAS, the projected cost of new facilitieb is $450,000 of which
16 Pembroke Square Associates will contribute a maximum of $200,000 with the city
17 to contribute the balance up to a maximum of $250,000;
18 WHEREAS, the city's share of costs was programmed in project 6-605 Pump
19 Station Modifications but warrants the establishment of a separate project,
20 6-037 Pembroke/Jeanne Pump Station, to allow for a better accounting of costs.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That the City Manager is hereby authorized to enter into a cost
24 participation agreement with Pembroke Square Associates for construction of a
25 sewer pump station in the Independence Boulevard and Jeanne Street area.
26 BE IT FURTHER ORDAINED:
27 That funds in the amount of $250,000 be transferred from project 6-605
28 Pump Station Modifications to 6-037 Pembroke/jeanne Pump Station to pay for the
29 city's share of construction costs.
30 ThiB ordinance shall be effective on the date of itB adoption.
31 Adopted by the Council of the City of Virginia Beach, Virginia on the
32 5 day of March 1991.
- 36 -
Item IV-J.4
CONSEffT AGENDA ITEM # 34170
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to TRANSFER $43,300 within the FY 1990-
1991 Water and Sewer Fund Operating Budget re
emergency repairs at Lakes-Tiverton Sewer Pumping
Station.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Oouncil Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER $43,300 WITHIN THE FY 1990-91
2 WATER AND SEWER FUND OPERATING BUDGET FOR EMERGENCY
3 REPAIRS AT THE IAKES-TIVERTON SEWER PUMPING STATION
4 WHEREAS, the Department of Public Utilities is responsible for the
5 maintenance and repair of sewer pumping stations;
6 WHEREAS, emergency repairs totaling $43,300 were required at the Lakes-
7 Tiverton Sewer Pumping Station;
8 WHEREAS, cost for these repairs can be covered by a transfer from the Water
9 and Sewer Fund Reserve for Contingencies.
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA, that funds in the amount of $43,300 be transferred within the
12 FY 1990-91 Water and Sewer Fund Operating Budget for emergency repairs required
13 at the Lakes-Tiverton Sewer Pumping Station.
14 This ordinance shall be effective from the date of its adoption.
15 Adopted by the Council of the City of Virginia Beach, Virginia on the
16 5 day of March 1991.
APPIZOVED AS TO C0.14TE
Sl(.t4ATURE
AV.",@,V[,D AS TO Ll('gAi.
TITY ATTOPNEY
- 37 -
Item IV-J.5
CONSENT AGENDA ITEM # 34171
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Co un c i I ADOPTED:
Ordinance to IRANSFER $28,000 within the 1990-1991
General Services' Operating Budget re lnstaliation
of a separate HVAC system at the Public Safety
Building in the Forensic and Photo Processing
Laboratories.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO TRANSFER $28,000 WITHIN THE DEPARTMENT
2 OF GENERAL SERVICES FY 1990-91 OPERATING BUDGET
3 FOR THE INSTALIATION OF A SEPARATE HVAC SYSTEM
4 IN THE FORENSIC IABORATORY AND PHOTO PROCESSING
5 LABORATORY AT THE PUBLIC SAFETY BUILDING
6 WHEREAS, the Department of General Services is responsible for the proper
7 operation of all HVAC systems in city-owned buildings;
8 WHEREAS, ventilation problems in the Forensic Laboratory and Photo
9 Processing Laboratory at the Public Safety Building have created a health hazard
10 for employees working in this area;
11 WHEREAS, installation of a separate HVAC system is necessary to properly
12 ventilate this area and alleviate any potential health hazards;
13 WHEREAS, funds can be allocated within the Department of General Services
14 FY 90-91 Operating Budget for this purpose.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA, that funds in the amount of $28,000 be transferred within the
17 Department of General Services FY 1990-91 operating Budget for installation of
18 a separate HVAC system in the Forensic Laboratory and Photo Processing Laboratory
19 at the Public Safety Building.
20 This ordinance shall be effective from the date of its adoption.
21 Adopted by the Council of the City f Virginia Beach, Virginia on the
22 5 day of March 1991.
INTS
- 38 -
Item IV-J.6
CONSENT AGENDA ITEM # 34172
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, C,tY
Council ADOPTED,.
Ordinance to 7RANSFER $1,800 to the appropriate
accounts re 1991 Sailor of the Year event.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
council Members Absent:
None
1 AN ORDINANCE TO TRANSFER FUNDS
2 IN THE AMOUNT OF $1,800 TO SPONSOR THE RECEPTION FOR
3 THE SAILOR OF THE YEAR FOR 1991 EVENT
4 WHEREAS, the City of Virginia Beach has received a request in the amount
5 of $1,800 from the Hampton Roads Chamber of Commerce to sponsor the reception
6 preceding the Atlantic Fleet Sailor of the Year for 1991 events;
7 WHEREAS, the City desires to participate by contributing as it had in 1990;
8 WHEREAS, appropriations within the Municipal Council's FY 1990-91 budget
9 can be transferred for this purpose;
10 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
11 VIRGINIA, that funds in the amount of $1,800 are hereby transferred to the
12 appropriate accounts for the Sailor of the Year for 1991 event.
13 This ordinance shall be in effect from the date of its adoption.
14 Adopted the 5 day of March 1991, by the Council of the City
15 of Virginia Beach, Virginia.
16
- 39 -
Item IV-J.7 a.
CONSENT AGENDA ITEM # 34173
Upon motion by VIce Mayor Fentress, seconded by Counci I man He!sch ober, City
Council APPROVED, upon FIRST READING.
Ordinance to ACCEPT and APPROPRIATE $500,000 from
Virginia Housing and Communlty Development for
housing rehabilitation; and authorizing the City
Manager to execute appropriate agreements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE TO ACCEPT AND APPROPRIATE $500,000
FROM THE VIRGINIA HOUSING PARTNERSHIP FUND
FOR HOUSING REHABILITATION
2 W@IEREAS, the Department of Housing and Neighborhood
3 Preservation operates housing rehabilitation PT09fams fOT thc-
4 benefit of the Citi7enS Of Virginia Be@@c@l, and
5 WHEREAS, tt-,e Virgir,ia Department of Housing and
6 Community Development has notified the City that it has made
7 available for the continlied c)peration of a LOCZ41 Housing
a Rehabilitation Loan Program, and
9 WHEREAS, the Department of Housing and Neighborhood
ic) Pre,-ervatic)n is currl-ntly operating such la progtam and wil@@
11 continue it @iith the use of these funds,
12 NOW, THEREFORE BE IT ORDAINED THAT THE COUT,[CIL OF -@HE
13 CITY OF VIRGINIA BEACH accepts and appropriates for use
14 as specified by the Virginia Department of Housing and Community
15 Developfnent, and
16 BE IT FURTHER RESOLVED THAT the City Ilanager is
17 authorized to execute an agreement to carry out Fuch program.
is
19 Adopted by the Council of the City of Virginia Beach
21--) this ........ day of ............. 1991.
21
22 Approved as to Conten-I Approved a-- -,O
23
24
25
26 City arney
Ma'y- -@t, D .ct@
27 Dp.,t Housirig and
28 I\Ieighborhood Preservation
29
30 March 5, 1991
31 ----------------------
32 First Reading
33
34 ----------------------
35 Second R2ading
- 40 -
item IV-J.7 b.
CONSENT AGENDA ITEM # 34174
Upon motion by Vice Mayor Fentress, seconded by Counci lman Heischober, City
Council APPROVED, upon FIRST READING:
ordinance to ACCEPT and APPROPRIATE $55,000 from U.
S. Department ot Housing and Urban Development re
homeless assistance activitles; and, to authorize
the City Manager to execute the necessary
agreements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE TO ACCEPT AND APPROPRIATE $55,000
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AUTHORIZE
THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS
2 WHEREAS, the Stewart B. Mckinney HomelesS ASsistance Act
3 provides funds to local governments and others for homeless
4 assistance activities, and
5 WHEREAS, the U.S. Department of Housing and urban
6 Development has notified the City that Emergency Shelter Grant
7 funds under this act in the amount of $55,000 have been authorized
8 for the city, and
9 WHEREAS, the Department of Housing and Neighborhood
10 Preservation has developed proposals for the use of such funds,
11 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH that the City Manager be authorized to apply for
13 such funds, and that the funds be accepted and appropriated;
14 AND, BE IT FURTHER ORDAINED that the City Manager be
15 authorized to execute a Grant agreement with the U.S. Department
16 of Housing and urban Development accepting such funds, and to
17 execute agreements including the granting of funds to non-profit
18 agencies for the carrying out of homeless assistance activities,
19 and
20 BE IT FURTHER ORDAINED that the City of Virginia Beach
21 will comply with all requirements of the grant agreement and
22 regulations of the U.S. Department of Housing and Urban Development
23 regarding such funds.
24 Adopted by the Council of the City of Virginia Beach this
25 day of 1991.
26
27 Approved as to Content Approved as to Form
28
29
30
31 r
32
33
34
35 March 5, 1991
36 First Reading
37
38
39 Second Reading
40
41
CITY OF VIRGINIA BEACII
EMERGENC'Y SHELTER GRANI' PROC;RAt4
DESC!RIPTION OF PROPOSED USE OF F.'IJNDS -- 1991
FEBRUARY, 1.991
I. VIRGINIA BEACH ECUMENICAI. HOUSIN(;, INC.
Proposed allocation: $32,000 for ol)erai:joii/nia@Liiteiiaiice
8,000 for sei-vi.ces
Ftiiids will be used to provide slielter aticl se!rvices for
liomeless families and battered woiiieii and (,Iiildreti at VBEH
sites.
II. VIRGINIA BEACH COMPREHENSTVE MENTAL HEALTII SERVICES
Proposed allocatioii: $8,500 for servi-ce-s
Funds will be used for to provide 708 liotii:s of iiieiital. liealtli
outreach services foi.- homeless j-i)divi.diial-s alid failri.li.p-s at
variotis sites.
III. VIRGINTA BEACH DEPT. OF SOCIAL SERVICES
Proposed allocation: $6,500 for li@)iliel.ess pieveiitioii
Ftinds will be tised to avoid evicti.ojis aiid prevent liolliplessiiess
by provi.diiig reiit, titilities aiid --,ectirity deposiLs fc,r
families aiid individuals experiejiciiig teniporary liotisiiig
crises.
(ESG) esg9l.app (af)
- 41 -
Item IV-J.7 c.
CONSENT AGENDA ITEM # 34175
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE $21,000 in CDBG
Funds from the U. S. Department of Housing and
Urban Development to the Department of Housing and
Neighborhood Preservation re Emergency Housing
Repair, emergency assistance and prevention of
homelessness.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE TO ACCEPT AND APPROPRIATE $21,000 IN CDBG FUNDS
FROM THE U.S- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR HOUSING REPAIR AND HOMELESS ASSISTANCE ACTIVITIES
1 WHEREAS, the City i-eceives ansiual fundiilg fi-Om the U.S.
2 Department of Housing and Urban Development under the CDBG
3 program to carry out activities benefitting low and moderate
4 income people, and
5 WHEREAS, the U.S. Department of Housing and Urban
6 Development has notified the City that an additional allocation
7 of $Rl,000 under this program has been made, and
a WHEREAS, the Department of Housing and Neighborhood
9 Preservation has determined that there is a need for such funds
10 under current programs,
11 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIR61NIA BEACH that $21,()00 in CDBG funds be accepted, and that
13 $11,000 in CDBG funds be appropriated to the Department of
14 Housing and Neighborhood Preservation for the purpose of
15 providing Emergency Housing Repair funds, and that $10,000 be
16 appropriated for the purpose of providing emergency assistance to
17 pre?vent homelessness and to assist the homeless under the
is Homeless Emergency Program, and
19 BE IT FURTHER ORDAINED that the City Manager be authorized
20 to amend the existing Grant agreement with the U.S. Department of
21 Housing and Urban Development accepting such funds, and
22 BE IT FURTHER ORDAINED that the City of Virginia Beach will
23 comply with all requirements of the grant agreement and
24 regulations of the U.S. Department of Housing and Urban
25 Development regarding such funds.
26 Adopted by the Council of the City of Virginia Beach this
27 -------- day of ............ 1991.
28
29 Approved as to Content v F
30
31
32
... iV
ttorney
33 DE ousing and
34 Neighborhood Preservation
35
36 First Reading Second Reading
37
38 March-5,-1991 -------- ------------------
- 42 -
item IV-J.7 d.
CONSEKr AGENDA ITEM # 34176
Upon motion by Vice Mayor Fen tress, seconded by Counci ]man He] schober, CIty
Council APPROVED, upon FIRST READING,.
Ordinance to APPROFRIATE $44,905 in Rental
RehabII 1 tation Program Income f unds recontin uation
of the rental rehabilitation program.
Voting: 11-0
Counci I Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
ORDINANCE TO APPROPRIATE $44,905
IN RENTAL REHABILITATION PROGRAM INCOME FUNDS
2
3 WHEREAS, the Department of Housing and Neighborhood
4 Preservation currently operates a Rental Rehabilitation Program
5 using Federal funds provided by the U.S. Department of Housing
6 and Urban Development, and
7 WHEREAS, this program makes forgivable loans to owners
8 of apartments for the purpose of rehabilitating multifamily
9 housing, and
10 WHEREAS, funds in the amount of $44,905 have been
11 received as a repayment of one such forgivable loan, and
12 WHEREAS, HUD regulations allow the use of program
13 income for all activities under the Rental Rehabilitation
14 Program,
15 NOW THEREFORE BE IT ORDAINED THAT $44,905 in Rental
16 Rehabilitation Program income be appropriated to the Rental
17 Rehabilitation fund for the continuation of the program operated
18 by the Department of Housing and Neighborhood Preservation.
19 Adopted by the Council of the City of Virginia Beach
20 this_ day of 1991.
21 Approved as to Content: Approved as to form:
2 2
23 Mar
24 Dep using and
25 Neighborhood Preservation
26 C:\DATA\WP\RRPINC.ORD\ADM2
-r,
S@.,,d R@@di,,g
- 43 -
item IV-J.7 e.
CONSENT AGENDA ITEM # 34177
Upon motion by Vice Mayor Fentress, seconded by Gounci I man Hei schober, City
Council APPROVED, UpOn FIRST READING:
ordinance to ACCEPT and APPROPRIATE a donation ot
$150 from the American Association of Retired
Persons to Community Development Loan and Grant
fund re use In housing rehabilitation programs.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndort, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
None
ORDINANCE TO APPROPRIATE DONATION OF $150
FRON THE AMERICAN ASSOCIATION OF RETIRED PERSONS
To THE CDBG LOAN AND GRANT MM
2 WHEREAS, the Department of HoUsing and Neighborhood
3 Preservation operates housing rehabilitation programs for the
4 benefit of the citizens of Virginia Beach using Federal Community
5 Development BloCk Grant and other funds, and
6 WHEREAS, the American ASSOCiation of Retired Persons
7 wishes to contribute to these programs and has provided a donation
8 of $150 for this purpose,
9 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH that the donation of $150 from the American
11 ASSOCiation of Retired Persons be appropriated to the Community
12 Development Loan and Grant fund for use in housing rehabilitation
13 programs.
14
15 Adopted by the Council of the City of Virginia Beach this
16 day of 1991.
17
18 Approved as to Content Approved as to Form
19
20
21
22 tor City Attorrfey'
23 Housing and
24 Neighborhood Preservation
2 5
2 6
27 (esg)aarpdon.ord\af
Fir8t REading: March 5, 1991
- 44 -
Item IV-J.8
CONSENT AGENDA ITEM # 34178
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordi nance authorl zi ng Tax Ref unds i n the amount of
$2,652.03 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent;
None
2/ 7/91 EMC
ORM NO, C.A. 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exonera- D ate Penalty I nt. Total
NAME Year of Tax Number tion No. Paid
Francis A. & Joanne Pineno 90 RE(1/2) 89543-8 12/5/8q 437.94
Francis A. & Joanne Pineno 90 RE(2/2) 89543-8 6/5/90 437.94
Carteret Savings Bank 89 RE(1/2) 101516-7 11/23/88 88.81
Carteret Savings Bank 89 RE(2/2) 101516-7 5/4/89 88.81
Ralph J & Susan Cerino 87 RE(1/2) 17870-7 11/1/86 56.40
Ralph J & Susan Cerino 87 RE(2/2) 17870-7 5/21/87 56.40
Robert S. Sergeant 91 RE(1/2) 103364-2 1/3/91 24.51
Henry & Betty B Sargent 91 RE(1/2) 100308-7 11/27/90 10.32
Juliet E Wild 91 RE(1/2) 123639-9 11/7/90 140.92
Sumner J III & Elizabeth Bell 91 RE(1/2) 8180-5 11/14/90 696.60
John A Johnson 91 RE(1/2) 57471-0 12/5/90 24.38
Diana P Hill 91 RE(1/2) 51096-8 11/21/90 77.40
National Mortgage 91 RE(1/2) 102974-6 11/27/90 330.83
R Harry Boyce et als Trustees 91 RE(1/2) 11657-3 11/9/90 5.16
Robert L. Hawkins 91 RE(1/2) 49038-3 12/5/90 168.61
David Cool 91 Dog V17242 1/9/91 7.00
Total 2,652.03
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
$2,652.03 were approved by
the Council of the CitY of Virginia
Beach on the@ day of
reasurer
1991
A
Ruth Hodges Smith
City Clerk
L(
- 45 -
Item IV-K.l-
LINFINISHED BUSINESS ITEM # 34179
TAX ASSESSMENTS
Jerald Banagan, City Assessor, advised that on march 8, 1991, the Assessorts
Office will mal I notices ot Appraisal for the Fiscal Year 1992 Real Estate
Assessment to al I property owners.
The projected 1992 Assessment is $16,415,000,000, which will generate
$169,406,000 In revenue at the current 1991 real etate tax rate of $1.032 per
$100 of assessed value. Each penny of the tax rate relates to $1,(>40,000 in
revenue. This Is approximately a 2.7% increase in revenue and will result in an
additional $5.4-MILLION over the current year.
There are 129,000 pelces of proeprty in the City. Other Hampton Roads cities
compare with approximately 55,000 to 72,000. There are approximately 112,000
houses of varying types: town-houses, single-family and condominiums. The Mean
Assessment for a single-family home is $104,900 and the Median Assessment Is
$83,000.
ALL RESIDENTS
35% Assessed Less Than $ 75,000
68% Assessed Less Than 100,000
89% Assessed Less Than 150,000
4% Assessed Over 250,000
The typical assessment Increase for individual properties is approxmately 1.6%
with the average depreciation on commercial property being 2%. Five percent
(5%) of the properties decreased in value which equates to approximately 6700
properties. 6150 of these properties are residential. Approximately 52% of the
properties did not recieve an increase in assessment which equates to 65,000
properties, with 60,000 of those being residential.
FROPERTIES ASSESSED
68% Increase less than 2%
85% Increase less than 4%
90,Y Increase less than 5%
1-
New construction for the past 12 months amounted to $278,258,186 which Is a
decrease from the previous year of $77,050,737 or 22%. Growth amounts to 1.4%
of the tax base. Mr. Banagan is projecting new construction wi I I drop 33% next
year.
Mr. Banagan referenced Page 11, "Assessment Comparison by Classification".
- 46 -
Itern iv-K.I.
UNFINISHED BUSINESS ITEM # 34179 (Continued)
TAX ASSESSMENTS
Mr. Banangan referenced page 12 of the doclnent ItChange In Property Value By
Classification". $83,767,308 was lost on Hotel Assessment, a 16% reduction In
this class of property. There was a decline in assessments of Office Buildings
by $20,586,115, a 4% reduction in this class of property.
FY 1992 ASSESSMENTS AS OF JANUARY 1991
Borough Total Assessment Change
Bayside $ 2,881,102,503 increased 3.5%
Blackwater 36,943,408 increased 6.6%
Kempsville 4,762,527,259 increased 3.0%
Lynnhaven 5,280,630,539 Increased 5.0%
Princess Anne 2,088,421,208 increased 4.6%
Pungo 191,947,291 increased 5.4 %
Virginia Beach 1,013,794,100 Decreased -7.5%
Total $16,255,366,308 increased 3.2%
On the bottom of page 21, the LAND USE AGRICULTLRAL VALUES were denoted.
Mr. Banangan displayed slides depicting office Buildings in Foreclosure in the
last year.
- 47 -
Item IV-K.2.
UNFINISHED BUSINESS ITEM # 34180
ADD-ON
Mayor Oberndorf ANNOUNCED her creation of a MAYOR'S HOMECOMING COMMITTEE to
plan and conduct the "Welcome Home" for the valiant men and women of Operation
Desert Storm and their families. Public funds will not be utilized.
Mayor Oberndorf will forward Members of City Council a list of the Comittee
Members. The 14AYOR'S HOMECOMING COMMITTEE will hold their First Meeting
Thursday, March 7, 1991, at 4:00 P.M. in the Central Library (Meeting Room B).
- 48 -
Item IV-K.3.
UNFINISHED BUSINESS ITEM # 34181
ADD-ON
Counci Iman Lanteigne sponsored Michael A. and Kristin W. Rohrer to speak
regarding Inadequate health care for Indigent men and wornen.
Last Friday, March 1, 1991, Mr. Rohrer was 1 1 1 and the cllnic at 3432 Virgini a
Beach Boulevard was not operating as the Doctor was on vacation and a
replacement had not been secured.
The City Manager wi I I provide a report relative Health Care and the locations
of the Clinics.
- 49 -
item IV-M-1-
ADJOIRNMENT ITEM # 34182
Upon motion by Vice Mayor Fentress, and By CONSENSUS, City Council ADJOLRNED
the Meeting at 6:00 P.M-
re
Chief Deputy City Clerk
cm
Clerk
City ot Virginia 13each
Virginia
1991