DECEMBER 1, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
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CITY COUNCIL AGENDA
DECEMBER 1, 1992
CITY COUNCIL WORKSHOP - Council Chamber - 9:00 AM
A. FY 1993-1994 OPERATING BUDGET PRIORITY SETRING
E. Dean Block, Director, Management and Budget
B. COUNCIL FUNCTIONAL LIAISON REPORTS
C. OTHERISSUES
D. PENDING ITEMS UPDATE
E. JANUARY WORKSHOP AGENDA
ii. INFORMAL SESSION - Council Chamber - 12:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECU-NVE SESSION
ill. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Philip J. Holwager
Diamond Springs Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
1. INFORMAL & FORMAL SESSIONS November 24, 1992
G. PUBLIC HEARING
COUNCIL ELECTION RESIDENCY REQUIREMENTS
H. ORDINANCES
1. Ordinance to AMEND Section 3.02:1 of the Charter of the City of Virginia Beach, Virginia,
re election of Councilmen. (Sponsored by Councilman John A. Baum)
2. Ordinance, upon SECOND READING, FY 1992-1993/FY 1997-1998
Capital Improvement Program; and, APPROPRIATE $78,215,805 for the FY 1992-1993
Capital Budget, subject to funds being provided from various sources set forth herein.
3. Ordinance, upon SECOND READING, to AMEND and REORDAIN the Code of the City
of Virginia Beach, Virginia, by ADDING Chapter 39 re Storm Water Management Utility.
4. Ordinance, upon SECOND READING, establishing the Equivalent Residential Unit
(ERU) Rate to be charged by the City of Virginia Beach, Virginia, re Storm Water
Management Utility.
5. Ordinance to AMEND and REORDAIN Chapter 2 of the Code of the City of Virginia
Beach, Virginia, by ADDING Section 2-200 re identification and reappropriation of
excess CIP project funds. (Sponsored by Councilman John D. Moss)
1. RESOLUTIONS
1. Resolution establishing a School Project Fund composed of designated tax generated
and attending interest. (Sponsored by Councilman John D. Moss and
Council Lady Nancy K. Parker)
2. Resolution to provide health care coverage to Virginia Beach City employees who retire
prior to age sixty-five (65) with twenty-five (25) or more years of service; and, on work-
related disability with five (5) or more years of service.
Deferred: November 24, 1992
3. Resolution endorsing Princess Anne Park as the site for development of a Soccer
Complex; directing City Staff continue with issuance of requests for information to
determine site availability in Transition Area Ill and report to City Council in ninety (90)
days; and, further directing that City Staff be prepared to initiate the bid process for the
lease of property upon submission of its report to Council on the feasibility of
Transition Area Ill sites or at such other time as Council may direct.
4. Resolution requesting the Commonwealth of Virginia consummate the sale of
approximately 547 acres of property from outside the main post at Camp Pendieton State
Military Reservation to the City of Virginia Beach; that this TRANSFER take place as
soon as possible; and, this matter be transmitted to the Virginia Beach General Assembly
Delegation and to the Special Study Committee examining the uses of Camp Pendleton.
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 one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 . Resolution requesting the Virginia Department of Transportation award a Grant to the City
of Virginia Beach, Virginia, re alternative fuel program.
2. Resolution referring to the Planing Commission proposed amendments re floodplain
regulations:
a. Section 4 of the Site Plan Ordinance
b. Sections 11 1, 238, 240, 1201, 1202, 1204 and 1205; and, new Section 1206 of the
City Zoning Ordinance.
3. Ordinance to APPROPRIATE $70,383 from the Commonwealth of Virginia to the Sheriff's
Department's FY 1992-1993 Operating Budget re funding for the two percent (2%) salary
adjustment provided by the State Compensation Board, effective January 1, 1993; and
that FY 1992-1993 estimated revenues from the Commonwealth be increased by $70,383
to reflect the additional funding from the State Compensation Board.
4. Ordinances re DEA Seized Assets Fund:
a. APPROPRIATE $80,000 re purchase of digital voice recording equipment and
six microcomputers to increase the efficiency of the Offense Clerks and
Telephone Reporting Unit (TRU); and, increase estimated revenues from the
Federal Government by $80,000;
AND,
b. TRANSFER $12,950 re purchase of microcomputer network for Police Special
Investigative Unit.
5. Ordinance authorizing License Refunds in the amount of $9,195.85.
6. Ordinance authorizing Tax Refunds in the amount of $1,378.63.
K. UNFINISHED BUSINESS
1. Status Report on REAPPORTIONMENT.
Leslie L. Lilley, City Attorney
L. NEW BUSINESS
M. ADJOURNMENT
- CITY COUNCIL PUBLIC HEARING
DECEMBER 8, 1992 Council Chamber 9:00 AM
School Board Interview of Applicants
CITY COUNCIL RESCHEDULED
December 22, 1992, Formal Session to December 15, 1992, at 6:00 PM
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
11/25/92mlm
AGENDA\12-1-92.itm
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
December 1, 1992
Mayor Meyera E. Oberndorf called to order the CITY COUNCIL WORK SESSION of the JIIRGINL4
BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 1, 1992,
at 9:00 A.M.
Council Members Present-
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne and Mayor Meyera E.
Oberndorf and Nancy K Parker,
Council Members Absent:
Robert W. Clyburn (Attending National League of Cities
Annual Conference as the City@
Official Voting Delegate.)
John D. Moss (ENTERED: 10:25 A.M.)
Vice Mayor William D. Sessoms, Jr. (ENTERFD: 9.-45 A.M.)
- 2 -
CITY COUNCIL WORKSHOP
ITEM # 36265
7he following topics were discussed.-
FY 1993-1994 OPERATING BUDGET PRIORITY SETTING
E. Dean Block, Management and Budget
COUNCIL FUNCTIONAL LIAISON REPORTS
OTHER ISSUES
PENDING ITEMS UPDATE
JANUARY WORKSHOP AGENDA
December 1, 1992
- 3 -
ITEM # 36266
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINLI BFACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 1, 1992, at 12:10 P.M.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoim, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W Clyburn
December 1, 1992
- 4 -
ITEM # 36267
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUT@
SESSION, pursuant to Section 21 -344, Code of lrtrginia, as amended, for the following purposes:
PERSONNEL MA TFERS, Discussion or consideration of or interviews
of prospective candidate for employment, assignment, appointinent,
promotiot4 performance, demotion, salaries, disciplining, or resignation
of specific public officers appointees, or employees pursuant to Section
2.1-344(A)(1).
To - Wi t.- Appointinents - Boards and Commissions:
Board of Building Code Appeals
Community Policy and Management Team
Pendleton Project Management Board
Southeastern Public Service Authority
7he Virginia Beach Foundation, Inc.
Volunteer Council
Upon motion by Trice Mayor Sessoms, seconded by Councilman Baum, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
- 5 -
FORMAL SESSION
VIRGINL4 BF,4CH CITY COUNCIL
December 1, ]M
2:00 PM.
Mayor Meyera E. Oberndorf called to order the FO SESSION of the 1,7RGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 1, 1992, at 2:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0 Branck Ill James W. Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessolm, Jr.
Council Members Absent.-
Robert W. Clyburn
IN-VOCATION.- Reverend Philip J. Holwager
Diamond Springs Christian Church
PLEDGE OF ALLEGLINCE TO UNITED STATES OF "ERICA
December 1, 1992
6
Item III-E.I.
CER77FICATION OF
EXECUTIVE SESSION
ITEM # 36268
Upon motion by Vice Mayor Sessolm, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE if7TH 7HE 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 mauers as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City CounciL
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; 111, James W. Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
4k
lttsialuttiltt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHERF-AS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 36267,
Page No. 4, 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.
-Ruth Hodg@s Smith, CMC/AAE
City Clerk December 1, 1992
7
Item Ill-F.I.
MINUTES ITEM # 36269
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of November 24,1992.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Trice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W Clyburn
December 1, 1992
8
Item III-G.I.
PUBLIC HFARING ITEM # 36270
Mayor Meyera Oberndorf DECLARED a PUBLIC HFARING:
COUNCIL ELECTION RESIDENCY REQUIREMENTS
7he following registered to speak.-
Rae H. LeSesne, 5325 7hornbury Lane, Phone: 497-8008, President - Citizen Action Coalition. Mr.
LeSesne spoke in SUPPORT of the Ordinance.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925. Mr. Pace did not believe the Ordinance was the
ans,wer to the problem. 7here should be 11 boroughs of equal population.
77icre being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
December 1, 1992
9
Item III-H.I.
ORDINANCES ITEM # 36271
Upon motion by Councilman Bawn, seconded by Vtce Mayor Sessoms, City Council ADOPTED, AS
CORPXCTED*:
Ordinance to AMEND Section 3.02:] of the Charter of the City of
Virginia Beack Virginia, re residency requirements for the election of
Councilmen. (Sponsored by Councilman John A. Baum)
*A comma shall be inserted on line 14 after the words: "...running at large.. " and before the verbiage
'from the borough of his residence or for mayor.. "
"Each candidate shau state, at the time of filing, whether he is running
at large, from the borough of his residence or for mayor.
Voting: 10-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W Clyburn
December 1, 1992
Requested by Councilman John A. Baum
1 PROPOSED AMENDMENT TO THE CHARTER OF THE CITY
2 OF VIRGINIA BEACH, VIRGINIA, BY AMENDING
3 SECTION 3.02:1 PERTAINING TO ELECTION OF
4 COUNCILMEMBERS
5 See. 3.02:1. Election of aeuneilmon councilmembers.
6 There shall be a general election on the first Tuesday in
7 May in even-numbered years for the election of eeuneilraen
8 councilmembers to replace those whose terms expire at the end of
9 June of that year. The term of office for each eouneilraan
10 councilmember shall commence on July 1 next following the date of
11 election and shall continue until his successor has been duly
12 elected and qualified. All eeuneA:Imen councilmembers and the mayor
13 shall be elected for terms of four years. Each candidate shall
14 state, at the time of filing, whether he is running at large_ from
15 the borough of his residence or for mayor. Notwithstanding the
16 Provisions of general law, any candidate seeking to represent a
17 specific borough must Physically reside in such borough and must
18 have been a resident of such borough for at least six (6) months
19 immediately Preceding the election. Candidates for council shall
20 be nominated only by petition in the manner prescribed by general
21 law.
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the I day of December 1992.
24 CA-4892
25 ORDIN\NONCODE\COUNCIL.ELE
26 R-2
27 Prepared: December 2, 1992
- 10 -
Item III-H.2
ORDINANCES ITEM # 36272
77ie following registered to speak on various issues:
John L. Suddeth, 5755 W. Hastings Arc& Phone: 497-5117 Mr. Suddeth spoke in OPPOSITION to
proposed tax levy on real estate and the Storm Water Utility.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the proposed tax levy
on real estate, and the ERU rate re Storm Water Management Utility.
Al Strazzullo, 3126 Sand Pine Road, Phone: 481-0025, represented the Lynnhaven Colony Civic League.
Mr. Strazzullo spoke in OPPOSITION to both the full and limited Storm Water Management Utility.
Rae H. LeSesne, 5325 7hornbury Lane, Phone; 497-8008, President - CitLens Action Coalition. Mr.
LeSesne again reiterated his OPPOSITION to all tax increases.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED:
Ordinance, upon SECOND READING, FY 1992-1993IFY 1997-1998
CapiMl Improvement Program; and, APPROPRL4TE $78,215,805 for
the FY 1992-1993 Capital Budget, subject to funds being pravided from
various sources set forth herein.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr., Robert
K Dean*, Louis k Jones, Paul J. Lanteigne, John D. Moss** Mayor
Meyera E. Oberndorf Nancy K Parker*** and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
*Councilman Dean registered a Verbal Nay vote on CIP Projects 2-019, 2-133, 2-156, 2-209 and 2-
930
**Councilman Moss registered a Verbal Nay vote on CIP Projects 3-977, 3-994, 3-995 and 3-996
***Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife
was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of $10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part
of the record.
***Council Lady Parker registered a Verbal Nay vote on CIP Nojects 3-977, 3-994, 3-995, 3-996 and
Courthouse Loop Phase II.
December 1, 1992
1 AN ORDINANCE TO ADOPT THE
2 FY 1992-93/FY 1997-98 CAPITAL
3 IMPROVEMENT PROGRAM AND TO APPROPRIATE
4 $78,215,805 FOR THE FY 1992-93
5 CAPITAL BUDGET SUBJECT TO FUNDS BEING
6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
7 WHEREAS, the City Manager, on September 8, 1992, presented to Cfty Council the
8 Capftal Improvement Program for fiscal years 1992-93 through 1997-98,
9 WHEREAS, City Council held public hearings on the program to provide for public
10 comment,
1 1 WHEREAS, based on public comment, Cfty Council has determined the need for certain
12 projects in the Capital Improvement Program,
13 WHEREAS, it is necessary to appropriate furids for the projects underway or beginning
14 in the 1992-93 fiscal year as set forth in said Capital Improvement Program.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17 Section 1: That the program, as modified, for the construction of, or addition to capital
18 facilftles identified for fiscal years 1992-93 through 1997-98 is hereby adoptl-d and that projects listed
19 herein are approved as capital projects.
20 Section 2: That the projects shall be financed from funds to be appropriated periodically
21 by City Council, and until funds are so provided, the projects are for p4anning purposes only and may be
22 deleted, altered, or rescheduled in any manner at any time by Cfty Council.
23 Section 3: That funds in the amounts aggregating $78,215,805 for capkal projects
24 underway or beginning in the 1992-93 fiscal year as set forth in said Capital Improvement Program are
25 hereby appropriated, subject to the conditions set forth, as follows:
26 CAPITAL PROJECT APPROPRIATION
27 SCHOOL PROJECTS:
28 1-005 First Colonial High School Modernization $ 3,765,000
29 1-010 Ocean Lakes High School 21,206,632
30 1-053 West Kempsville Area Middle School 15,163,600
31 1-980 Corporate Landing Elementary School 410,000
32 TOTAL SCHOOL PROJECTS 545 232
33 ROADWAY PROJECTS:
34 2-019 Indian Lakes Boulevard - Phase 1 $ 245,693
35 2-021 Rural Road Improvements 300,000
36 2-084 Military Highway 105,188
37 2-132 London Bridge Road Extended 34,509
38 ROADWAY PROJECTS: (concluded)
39 2-133 Shore Drive Intersection $ 42,075
40 2-137 Great Neck Road - Phase IV and
41 London Bridge Road - Phase Ill 105,188
42 2-138 Wesleyan Drive 21,038
43 2-140 London Bridge Road - Phase 11 52,594
44 2-149 Birdneck Road - Phase 11 63,113
45 2-156 Laskin Road - Phase 1 126,225
46 2-173 Bow Creek Bridge 384,462
47 2-174 Doziees Bridge 1,065,564
48 2-209 Courthouse Loop - Phase 11 31,556
49 2-211 Secondary Street Improvements 520,391
50 2-212 Laskin Road and Holly Intersection 1 a5,131
51 2-213 Queen City Street Improvements 210,376
52 2-816 Traffic Safety Improvements 763,909
53 2-837 Various Cost Participation Projects 78,891
54 2-930 Salem Road 31,556
55 2-987 Independence Boulevard - Phase IV-A 3,231,009
56 TOTAL ROADWAY PROJECTS 468
57 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS:
58 2-049 Resort Streetscape Improvements 2,544,871
59 2-066 Oceanfront Connector Parks 700,000
60 2-141 Economic Development Investment Program 300,000
61 2-198 Burton Station (Partial) 3,091,308
62 2-199 Conference/Convention Facilfty 400,000
63 2-214 24th Street Park 1,000,000
64 3-002 Marine Science Museum Expansion 1,000,000
65 TOTAL ECONOMIC AND TOURISM DEVELOPMENT PROJECTS 036 179
66 COASTAL PROJECTS:
67 2-014 Lynnhaven Inlet Maintenance Dredging $ 64,161
68 2-197 Pleasure House Creek Boat Ramp 100,000
69 2-830 Rudee Inlet Dredging 68,929
70 3-933 Landfill #2 - Expansion 10,509,226
71 TOTAL COASTAL PROJECTS 742 316
72 BUILDING PROJECTS:
73 3-005 Underground Storage Tanks - City $ 740,000
74 3-016 Beach Borough Service Center 100,000
75 3-107 Beach Borough Service Center 400,000
76 3-974 General Booth Arpa Library 440,571
77 3-976 Fire Training Center Enhancements 320,000
78 3-977 Judicial Center 800,000
79 3-992 Pendieton Child Service Center Relocation 57,500
80 3-994 District Court Building Renovation 1,733,590
81 3-995 Circuft Court Clerk's Office Renovation 509,380
82 3-996 Circuit Counrooms Renovation 882,571
83 3-018 Fire/Rescue Station - Creeds 100,000
84 3-968 Fire/Rescue Station - General Booth 700,000
85 TOTAL BUILDING PROJECTS 783 612
86 PARKS AND RECREATION PROJECTS:
87 4-949 District/Community Park Development and Renovations $ 539,000
88 4-950 Neighborhood Park Improvement - Backlog Reduction 400,000
89 4-951 Neighborhood/Community Park Acquisition Development -
90 High Priorfty Deficft Area 109,000
91 4-953 Municipal Golf Course Improvements 362,000
92 4-954 Tennis Court Renovations 50,000
93 4-955 Athletic Fields Upgrading and Lighting 50,000
94 TOTAL PARKS AND RECREATION PROJECTS 510 000
95 TOTAL GENERAL IMPROVEMENT PROJECTS 215 805
96 WATER UTILITY PROJECTS:
97 5-068 Comprehensive Water Study - Phase 11 $ 100,000
98 5-069 Small Line Improvements - Phase 11 350,000
99 5-070 Various Highway Projects - Phase 11 100,000
100 5-071 Water Request and Agreement Projects - Phase 11 350,000
101 5-114 London Bridge Road - Phase 11 27,000
102 TOTAL WATER UTILITY PROJECTS 27 000
103 SEWER UTILITY PROJECTS:
104 6-015 Infiltration, Inflow, and Rehabilftation - Phase 11 $ 550,000
105 6-017 Various Highway Projects - Phase 11 100,000
106 6-018 Various Sewer Projects - Phase 11 373,000
107 6-939 Comprehensive Sewer Study 50,000
108 TOTAL SEWER UTILITY PROJECTS I 1,073@OQQ
109 TOTAL WATER AND SEWER UTILITY PROJECTS 000 0 0
110 TOTAL APPROPRIATIONS 215 805
ill To be funded from the following sources:
112 General Appropriations $ 6,559,637
113 1991 Charter Bonds 10,000,000
114 1992 Charter Bonds 41,199,922
115 Water and Sewer Fund 2,000,000
116 Federal Contribution 2,777,460
117 Cerifficates of Participation - Interest 800,000
118 State Contribution 3,820,000
119 Southeastern Public Service Authorfty 10,509,226
120 Other 549,560
121 TOTAL 215 80
122 Amounts appropriated above amend any 1992-93 fisr-al year allocations previously
123 authorized in the FY 1992-93 Operating Budget adopted by the City Council on May 12, 1992.
124 Section 4. That the Resort Program Capital Project Fund shall be used for the purpose
125 of accounting for the revenues, appropriations, expenditures, and encumbrances associated with the
126 resort area capital improvement program.
127 Section 5. That capftal project fund,s appropriated in prior fisgal years are to be
128 adjusted in accordance with said Capital Improvement Program and reallocated as follows:
129 SCHOOL PROJECTS:
130 TRANSFER TO:
131 1-992 Various Schools Reroofing - Phase IV $ 7,500
132 TOTAL TRANSFERS TO 7 500
133 TRANSFER FROM:
134 1-978 CDC Sewer Pump Station Renovation $ 7,500
135 TOTAL TRANSFERS FROM 7 500
136 ROADWAYS, COASTAL, ECONOMIC/TOURISM PROJECTS:
137 TRANSFER TO:
138 2-037 Landstown Road $ 440,185
139 2-040 West Neck Bridge 53,885
140 ROADWAYS, COASTAL, ECONOMIC/TOURISM PROJECTS: (concluded)
141 TRANSFER TO: (concluded)
142 2-049 Resort Streetscape Improvements $ 32,859
143 2-055 London Bridge Road - Phase 1 1,062,256
144 2-078 Courthouse Loop - Phase 1 272,054
145 2-080 Indian River Road - Phase V 80,000
146 2-081 TCC Offske Access Improvements 4,952
147 2-095 Indian River Road - Phase Vi 500,000
148 2-122 Gum Swamp Bridge 290,000
149 2-129 Elbow Road Bridge 8,534
150 2-167 Lynnhaven Parkway - Phase Xi 50,503
151 2-169 Rosemont Road Widening 410,081
152 2-173 Bow Creek Bridge 100,000
153 2-174 Doziees Bridge 100,000
154 2-211 Secondary Street Improvements 12,490
155 2-212 Laskin Road and Holly Intersection 30,000
156 2-305 Ferrell Parkway - Phase 11 229,308
157 2-810 Centerville Turnpike - Phase IA 260,702
158 2-816 Traffic Safety Improvements 208,096
159 2-831 Independence Boulevard - Phase Ill 140,920
160 2-903 Rudee Inlet Bridge 568
161 2-984 Seatack Streets - Phase IIB 224,134
162 2-987 Independence Boulevard - Phase IVA 1,443,006
163 3-018 Fire/Rescue Station - Creeds 300,000
164 3-968 Fire/Rescue Station - General Booth 500,000
165 3-992 Pendieton Relocation 87,500
166 TOTAL TRANSFERS TO: 42
167 TRANSFER FROM:
168 2-OG6 Baxter Road Widening $ 51,272
169 2-007 Constitution Drive - Phase 1 248,003
170 2-019 Indian Lakes Boulevard - Phase 1 500,000
171 2-036 Roadway Advanced Land Acquisition 497,306
172 2-041 South Plaza Trail Bridge 11,363
173 2-061 Lynnhaven Parkway - Phase VII 58,907
174 2-063 Ferrell Parkway - Phase IC 31,204
175 2-064 Independence Boulevard - Phase IIA 17,190
176 2-065 Indian River Road - Phase IV 185,594
177 2-067 Resort Streetscape Demonstration Project 32,859
178 2-070 Northampton Boulevard - Phase 11 160,344
179 2-071 Dam Neck Road - Phase 11 100,000
180 2-074 CIP Implementation Plan 2,202,347
181 2-075 Rosemont Road - Phase IV 36,844
182 2-082 Independence Boulevard - Phase IIA 5,350
183 2-086 South Plaza Trail 83,839
184 2-091 South Independence Boulevard 901,954
185 2-092 Northampton Boulevard - Phase IIA 51,622
186 2-096 Ferrell Parkway - Phase V 1,682
187 2-119 Princess Anne Road at Post Office 1,749
188 2-121 Roadway Impact Reduction Program 27,813
189 2-134 Flanagan's Lane 40,495
190 2-410 Great Neck Road - Phase 11 59,130
191 2-412 Virginia Beach Boulevard - Phase 1 145,798
192 2-600 Virginia Beach Boulevard - Phase 11 13,882
193 2-820 Princess Anne Road - Phase Ill 98,565
194 2-837 Various Cost Participation Projects 10,000
195 2-901 Holland Road - Phase IV 104,547
196 2-910 General Booth Boulevard - Phase 11 650,000
197 2-962 Pungo Ferry Road Bridge 96,373
198 2-925 Northampton Boulevard - Phase 1 194,758
199 2-935 Lynnhaven Parkway - Phase V 19,163
200 2-941 Kompsville Road - Phase Ill 20,915
201 2-943 Queen City 870
202 2-953 Beggars Road Bridge 4,737
203 2-979 Burton Station Streets - Phase 1 10,164
204 2-983 Reedtown Streets 63
205 2-988 Computer Traffic Signal System 47,724
206 2-989 Rosemont Road - Phase Ill 97,607
207 CDBG Project Contingency Fund 20,000
208 TOTAL TRANSFERS FROM 842 33
209 BUILDING PROJECTS:
210 TRANSFER TO:
211 3-994 District Court Building Renovation $ 249,450
212 3-995 Circuft Court Clerk Office Renovation 166,060
213 3-996 Circuft Courtroom 142,938
214 TOTAL TRANSFERS TO 558 448
215 TRANSFER FROM:
216 3-910 Kempsville Public Safety/Library $ 313,873
217 3-912 Stumpy Lake Fire Station Number 21 8,779
218 3-965 Municipal Center Sfte Acquisftion 126,432
219 3-980 Farmers' Market Parking 35,630
220 3-983 North Landing Parking Lot 854
221 3-987 Pendieton/Courthouse School Building 753
222 3-988 Pungo/Blackwater Library/Police Station 2,104
223 3-993 Dome Safety Improvements 70,023
224 TOTAL TRANSFERS FROM 558 448
225 PARKS AND RECREATION PROJECTS:
226 TRANSFER TO:
227 4-956 Owl Creek Boat Ramp $ 125,000
228 4-949 Dis/Comm. Park Development and Renovation 600,000
229 TOTAL TRANSFERS TO: 725 000
230 TRANSFERS FROM:
231 4-939 Neighborhood Park Acquisition/Development $ 125,000
232 4-947 Park Reservation Acquisition/Development wo non
233 TOTAL TRANSFERS FROM: 725 0 0
234 WATER AND SEWER UTILITY PROJECTS:
235 TRANSFER TO:
236 5-005 North London Bridge Road $ 50,000
237 5-118 Computerized Mapping Program 450,000
238 5-119 Flow Monftoring Program 250,000
239 5-120 Military Highway 200,000
240 5-121 Princess Anne Road - Phase V 100,000
241 5-070 Various Highway Projects - Phase 11 100,000
242 5-073 Indian River Road - Phase V 40,000
243 5-090 Lynnhaven Parkway - Phase Xi 35,000
244 5-117 Mapping Computer System-Update 334,536
245 5-711 Centerville Turnpike 100,000
246 5-944 Ferrell Parkway - Phase 11 200,000
247 6-006 Grayson/Bonney Road 295,000
248 6-008 Doziees Bridge 600,000
249 6-010 Red Tide Road 170,000
250 6-017 Various Highway Projects - Phase 11 100,000
251 6-044 Terrace Avenue/14th and Parks 570,000
252 6-045 International Parkway 300,000
253 6-046 Computerized Mapping 450,000
254 6-925 Atlantic Avenue 100,GOO
255 6-937 Aragona Rehabilitation 600,000
256 6-938 Princess Anne Plaza Rehabilitation 400,000
257 6-941 Laurel Manor/Dogwood Acres 1,123,000
258 6-944 Princess Anne Road 1,995,000
259 6-947 Homestead 200,000
260 6-949 Reon Drive 1,000,000
261 6-971 Nonh London Bridge Force Main 200,000
262 6-975 Deerwood Trace Force Main 13,000
263 6-994 Ashmore Drive 146,000
264 6-997 Whftehurst Landing "A" 170,000
265 TOTAL TRANSFERS TO 291 536
266 WATER AND SEWER UTILITY PROJECTS: (concluded)
267 TRANSFER FROM:
268 5-021 Lakeview Park 298,198
269 5-025 Alanton 28,994
270 5-030 River Road 86,739
271 5-036 Ferrell Pkwy Ph IC 14,822
272 5-037 Indian River Rd - Phase [V 159,232
273 5-039 Broad Bay Colony 20,031
274 5-048 Lynnwood/Michaelwood - 51% 300,000
275 5-061 Northampton Boulevard - Ph 1 130,898
276 5-063 Birdneck Pump Station 54,131
277 5-069 Small Line Improvements - Phase 11 600,000
278 5-071 Water Reequest and Agreement Projects - Phase 11 1,000,000
279 5-713 Landstown Suction 400,000
280 5-820 Plaza Park Tank 226,696
281 5-921 London Bridge Road - Phase 1 300,000
282 5-962 Burton Station 337,587
283 5-966 Atlantic Avenue Improvements 500,000
284 5-971 Lynnhaven Parkway - Phase VII 14,472
285 5-977 Kempsville P.S. Modifications 23,178
286 5-990 Virginia Beach Boulevard - Phase 11 200,000
287 5-996 Dam Neck Road - Phase 1 400,000
288 6-016 Pump Station Modifications 500,000
289 6-M8 Various Sewer Projects - Phase 11 1,000,000
290 6-922 Burton Station 972,386
291 6-928 Cavalier Park/North Linkhorn 607,000
292 6-932 Lakeview Park 341,898
293 6-934 Bay Colony 274,000
294 6-935 Broad Bay Colony 500,000
295 6-948 Lynnwood/Michaelwood 700,000
296 6-970 Virginia Beach Boulevard - Phase Ill 178,010
297 6-978 Indian River Road - Phase IV 45,524
298 6-990 Holland Utilities 77,740
299 TOTAL TRANSFERS FROM 291 536
300 Section 6. That additional appropriations and the addition of capital projects shall not
301 be initiated except wfth the consent and approval of the Cfty Council first being obtained.
302 Section 7. That the restriction wfth respect to the expenditure of funds appropriated
303 shall apply only to the totals of each project class.
304 All contracts awarded for approved and appropriated capital projects, exclusive of
305 school projects, must be certffied as to the availability of funds by the Director of Finance prior to the
306 inftiation of work on the contract.
307 Section 8. That the Capital Improvement Program debt management policies contained
308 and included in the C.I.P. Policies and Process Section of the Capkal Improvement Program document
309 shall be the policy guidelines of the cfty and that the City Manager shall annually report on the status of
310 those guidelines and the projected impact of the proposed Capital Improvement Program on those
311 guidelines, such information to be included in the Capftal Improvement Program submittal. The City
312 Manager may propose modffications to those policies and guidelines through the Capftal Improvement
313 Program.
314 Section 9. That this ordinance shall be in effect from and after the date of its adoption.
315 Section 10. That if any part or parts, section or sections, sentences, clauses, phrases of
316 this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect
317 the validfty of the remaining portions of this ordinance.
318 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 day of
319 December,1992.
AP
320 First Reading: November 24, 1992
SI@ATURE
321 Second Reading: December 1, 1992
DEPARTMENT
'APPROVED AS TO LEGAL
SUFFICIEN--Y AND FC,,RPl
Item III-H.3.
ORDINANCES ITEM 36273
Upon motion by Vice Mayor Sessotm, seconded by CounciLman Branc,% City Council ADOPTED:
Ordinance, upon SECOND READING, to AMEND and REORDAIN
the Code of the City of Virginia Beack Virginia, by ADDING Chapter
39 re Storin Water Management Utility.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, James W Brazier, Jr., Louis R.
Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent.-
Robert W Clyburn
December 1, 1992
1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF
2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY THE
3 ADDITION OF CHAPTER 39 PROVIDING FOR A STORM
4 WATER MANAGEMENT UTILITY
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That the Code of the City @of Virginia Beach be, and
8 hereby is, amended and reordained by the addition of Chapter 39, to
9 be titled the Storm Water Management Utility, which shall read as
10 follows:
11 CHAPTER 39
12 ILITY
13 Section 39-1. ns.
14 (a) The a unique to)poqralphy which
15 has reauirpci rl.,,.l ------- de
16 and
17 to both limit'- Pinrl +-he volume of
stor@ water to control flood
is events and to prevent dearadati@@ @f +.v,-
19 storm watpr -@---ement.
20 (b) Storm wai--Pr @i,@-@fF oved
21 DroDerties in i-h. tial or non- nd
22 the individual Propertv imnar-t--@ @f @,,,--,p4: are correlated to the
23 amount of
24 activities on Property.
25 (C) infrastructure
26 T)rovide bf-npfii- .@A
27 throuah dirp@-i- of nroperi-v nd thro ntrol of
28 floodina of ----onent of the in and through
29 Protection of the City's natural environment.
3 0 (d)
3 1
0
32
ed
33
34
eme t
35 tem.
36 S,,e3crt3.on 39-2. Definitin..
37
38
39 (a' ERU
40
41 iper dwelli
42
in
43
are
44
45 (b) Ru Rate
46
e.
47 (C)
4 8
4 9
us
50
sidered
51
he
52
53
54
55 (d)
56
to
57
58
59 d other si-il-@ -tru@tu@es.
60 (e)
61
or
62
to
63
Such
2
64
65 townhouss nd .bil. ho....
66 'f'
e.ns
67
68
se
69
70
71
72
73
be
74
75
a
76 hurches.
77 (h) evenues
78
in
79
80
81
82 fees-
83 onds.
84 -r te- e ns the @to,,,
85
86
87
al
h
89
90
al
91
Tn.
92 (i) Storin -r e ,s the
93
nd
94
95 (k)
96
97
es
98
3
99
100 the
101
d
102
n
103 9-4.
104 Section 39-3. Establishm
105 (a)
106
nd
107 ts residents.
108 (b)
109 all col
110
nd
ill
he
112
113 (:L) Ac
114
rm
115 water contr.1 facilitie-
116 (2)
117
al
118
of the
119 tilit
120 (3)
121
or
122
123 (4)
124 (5)
125 (6)
126
nd
127 batement.
128 Section 39-4.
129
13 0
tenance of the
131
of
13 2
4
13 3 cost d i
s
134
e
13 5
13 6 (a) litv
137
the followincf
138 lasse-.
139 (1)
14 0 (2)
141 (3) D
142 (4)
14 3 (b)
144
re
145
14 6
147
of
148
14 9 (C)
150
he
151
152
153
th
154 .1 of a unit.
155 (d)
156
157
158
he
159
160
161
162 (e) The
163
164
165 (f)
166 e@e.
5
167 Section 39-5. Lling d PayMent. TntA@aQi-- T.,.@..
168 The Utiljtv Fee -0
169 Parcel subiect to the UtilitV Fee. Utilitv F@o@ f,, ---A-MiniuTn
170 unit shall be ed to
171 Properties, exceldt Undevelnnprl P .....
172 statements for storm water. services hv th. r)----4---nt f Public
173 Utilities. Thp hill@ - statements sh date by which
174 Payment shall be due- All hill@ -- statements shall be mailed at
175 leas
176 thereon. Pavynpnt-@ ill shall be
177 sublect to -ate established bv ordinnn@.@ @f i-1,@ O,+-,
178 ouncil.
179 (a) n a
180 quarterly basis, in advance, able Prorperty o ners and
181 shall represent charges for nar-h mnni-h @f er of
182 storm watnr qprui,. npaid an
183 account.
184 (b) Anv bill whi@.h h.@ the I be
185 deemed delin@ii.,i- @,,, 4- lecte the
186 DeDartment r)f Piihli, TT+-,l vments and may
187 be r
188 pert
189 rankina on a nA@it-,, lien
190 (C) In the eveni- rest
191 thereon sh date and ac rate
192 established by Ordinance of i-h. rii-,, ,-,,-Cil until such ime as the
193 overdue payment and interest i id.
194 (d) When Developed groperties are brought into the Ut lit
195 fees releas
196 inspection for the t)roperty. In the absence of a t)lumbing
197 inspection, uti
198 rty. A hi I 1 @i I I I,- , --,,ed
199 d fo of
200 full months in whi,h ded.
6
201 (e) In the event of alterati oi)ed
202 Multi-Family pro ed Non-residential Property which
203 alter the amount. of impervious surface area, the Utility Fees will
204 be adiusted upon release of the final he
205 absence of a lity Fees will b usted
206 upon release of the final building insoection. A bill will be
207 issued in t .....cycle an be
208 number of full months in which service was Provided.
209 Section 39-6. Adiustment of Fees, Exemgtions.
210 (a) Full waiver of Fee shall be rovided to
211 Properties owned bv federal
2 12 when n maintenance of storm
213 drainage and ities.
214 (b) Any owner who has naid hi-- TTf-ilii-@ 77.-@ -nd who believes
215 his Utility Fees to be i submit an adiustment reauest
216 to the City Man er or his d s s shall be
217 made the grounds upon which
218 relief is sought...Response
219 Providing an Ying an adiustment, shall be made to
220 the owner by the City Manager or his desianee within sixty- (60)
221 days of r est for adjustment.
222 Section 39-7. Severa
223 The Provisions of this ordinance shall be deemed severable,
224 and it any of the nrovisionq hp@.@f -,- adjudged to b invalid or
225 unenforceablf nin_q Portions of this @),.ll
226 remain in full validity unimpaired.
227 Adopted by the Council of the City of Virginia Beach,
228 Virginia, on this I day ot December , 1992.
FIRST READING: November 24, 1992
229 CA-91-4466 SECOND READING: December 1, 1992
230 \ordin\proposed\39-00let.pro
231 R-10
232 Date: November 18, 1992
7
- 12 -
Item III-H.4.
ORDINANCES ITEM # 36274
Upon motion by Pi-ce Mayor Sessoms, seconded by Councibnan Baum, City Council ADOPTED, AS
AMENDED:
Ordz-nce, uP- SECOND RE4DING, establishing the Equivalent
Residential Unit (ERU) Rate to be charged by the City of frirginia
Beach Virginia, re Storm Water Management Utility.
7'he words, "..of New York Prime plus 3% not to exceed. " on lines 23 and 24 shall be eliminated
Lines 23 and 24 shall read, as amended.-
"Interest on unpaid accounts shau be charged at the rate of 10% per
annum.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Linwood 0, Brancl; III, James W Brazier, Jr., Louis R
Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dear4 John D. Moss, Mayor Meyera E Obemdorf and Nancy
K Parker
Council Members Absent:
Robert W. Clyburn
December 1, 1992
1 AN ORDINANCE TO ESTABLISH THE
2 EQUIVALENT RESIDENTIAL UNIT (ERU)
3 RATE TO BE CHARGED BY THE CITY OF
4 VIRGINIA BEACH, STORM WATER
5 MANAGEMENT UTILITY
6 WHEREAS, by ordinance, the city council of the City of
7 Virginia Beach, Virginia, established a Storm Water Management
8 Utility ; and
9 WHEREAS, that Ordinance requires the City Council to
10 establish an Equivalent Residential Unit (ERU) rate to be charged
11 for storm water management, as well as the rate of interest to be
12 charged against unpaid accounts; and
13 WHEREAS, the City Manager has recommended to the Council
14 a rate schedule to be established.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA, that rates to be charged for storm
17 water management per each Equivalent Residential Unit (ERU) shall
18 be $2.74 (the ERU Rate) per month, multiplied by the number of
19 dwelling units, for each developed residential property, and that
20 developed multi-family residential property and developed
21 nonresidential property shall be charged the monthly rate of $2.74
22 (the ERU Rate) multiplied by the number of ERU per parcel.
23 Interest on unpaid accounts shall be charged at the rate 10% per
24 annum.
25 The foregoing rates shall become effective on and be
26 applied to all property owners in the City commencing July 1, 1993.
27 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
28 VIRGINIA, ON THIS DAY OF Deceml)er , 1992.
29 CA-4467 First Reading: November 24, 1992
30 \ordin\noncode\swrates.ord
31 R-5 Second Reading: December 1, 1992
32 Date: December 2, 1992
- 13 -
Item III-H.5.
ORDINANCES ITEM # 36275
Upon motion by Councibnan Moss, seconded by ;-ice Mayor Sessotm, City Council DEFERPED unfil
the City Council Session December 8, 1992:
Ordinance to AMEND and REOPDAIN Chapter 2 of the Code of the
City of Virginia Beack Virginia, by ADDING Section 2-200 re
idendfication and reappropriadon of excess CIP project funds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancib III James W Brazier, Jr., Robert
K Dea?4 Louis R. Jones, Paul J Lanteigne, John D. Moss, Mayor
Meyera E. Oberndo?f, Nancy K Parker and ;rice Mayor Wzlliam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
- 14 -
Item III-LL.
PESOLUTIONS ITEM # 36276
7he following registered in SUPPORT of the Resolution:
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925,
Rae H. LeSesne, 5325 7hornbury Lane, Phone; 497-8008, President - Citizens Action Coalition.
A motion was made by Council Lady Parker, seconded by Councibnan Moss to ADOPT a Resolution
establishing a School Project Fund composed of designated tax generated and attending interest.
Upon SUBSTITUTE MOTION by Councibnan Lanteigne, seconded by Councilman Brazier, City Council
DEFERPED until the City Council moves forward with the Operating Budget process and Council
Members Parker and Lanteigne have an opportunity to review in total context with the School Board.
Resolution establishing a School Project Fund composed of designated
tax generated and attending interest
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, 111, James W. Brazier, Jr., Louis R.
Jones, Paul J. Lanteigne and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent:
Robert W. Clyburn
December 1, 1992
- 15 -
Item Ill-L2,
RESOLUTIONS ITEM # 36277
Upon motion by Vice Mayor Sessotm, seconded by Councibnan Brazier, City Council DEFERRED unfil
the City Council Session of December 15, 1992:
Resolution to provide health care coverage to Virginia Beach City
employees who retire prior to age sixty-five (65) with twenty-five (25)
or more years of service; and, on work-related disability with five (5) or
more years of service.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% 111, James W. Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
December 1, 1992
- 16 -
Item III-L3.
RESOLUTIONS ITEM # 36278
Michael J. Barreft, 1829 Eden Way, Phone: 422-1568, requested an amendment to the Resolution.
Upon motion by Vice Mayor Sessoms, seconded by CounciLman Brancl; City Council ADOPTED, AS
AMENDED:
Resolution endorsing Princess Anne Park as the site for development of
a soccer complex,- directing City Staff continue with issuance of requests
for information to determine site availability in Transition Area III and
report to City Council in ninety (90) days; and, further directing that City
Staff be prepared to initiate the bid process for a lease agreement as
recommended by the City Manager in the Policy Report of November 18,
1992.
Section 3 on page 2 shall be AMENDED as follows:
3. "77at City Staff is f4rther directed to initiate the bid process for
a lease agreement as recontmended by the City Manager in the
Policy Report of November 18, 1992, but not to award the bid
until Item #2 above is completed.'
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Obemdorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W Clyburn
December 1, 1992
1
2 A RESOLUTION ENDORSING PRINCESS ANNE
3 PARK AS THE SITE FOR DEVELOPMENT OF
4 A SOCCER COMPLEX AND DIRECTING CITY
5 STAFF TO INITIATE THE BID PROCESS
6 WHEREAS, City staff has studied the possibility of
7 entering into a long-term lease agreement with a third party that
8 would provide for the use of approximately fifty (50) acres of
9 City-owned property for the purpose of developing a soccer complex;
10 WHEREAS, basedonmanyconsiderations, including costs to
11 the City, the effect of a soccer complex on the City's CIP and
12 Operating Budget, and anticipated revenues from such a complex,
13 City staff has endorsed the concept of leasing City-owned property
14 to a third party for the development of a soccer complex;
15 WHEREAS, Princess Anne Park and property in Transition
16 Area III are the primary areas that have been considered by City
17 staff for location of the soccer complex;
18 WHEREAS, in a Policy Report entitled "Virginia Beach
19 Soccer Complex" and dated November 18, 1992, City staff provided an
20 analysis of the advantages and disadvantages of locating the soccer
21 complex in Princess Anne Park or Transition Area III; and
22 WHEREAS, based on this analysis, City staff has
23 recommended that Council approve Princess Anne Park as the site for
24 development of the soccer complex, hold a public hearing on the
25 matter, and initiate the bid process for development of the
26 project.
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA:
29 1. That City Council hereby endorses Princess Anne Park
30 as the site for development of a soccer complex;
31 2. That City staff is directed to continue to proceed
32 with issuance of requests for information to determine site
33 availability in Transition Area III for location of a soccer
34 complex and to return to the Council in ninety (90) days with a
35 report on its progress; and
36 3. That City staff is further directed to proceed to
37 initiate the bid process as recommended by the City Manager in the
38 Policy Report of November 18, 1992, but not to award the bid until
39 item #2 above is completed.
40 Adopted by the Council of the City of Virginia Beach,
41 Virginia, on the day of December 1992.
42 CA-4889
43 ORDIN\NONCODE\SOCCER7.RES
44 R-7
45 PREPARED: December 3, 1992
2
- 17 -
Item III-L4.
PESOLUTIONS ITEM # 36279
Upon motion by Councilman Moss, seconded by Councibnan Brazier, City Council ADOPTED:
Resolution requesting the Commonwealth of ;rzrginia consummate the
sale of approximately 547 acres of property from outside the main post
at Camp Pendleton State Military Reservation to the City of Virginia
Beach; that this TRANSFER take place as soon as possible; an4 this
mauer be transmitted to the Virginia Beach General Assembly Delegation
and to the Special Study Committee @amining the uses of Camp
Pendleton.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Lznwood 0. Branch, 111, James W. Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndo?f Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
I A RESOLUTION REQUESTING THE COMMONWEALTH TO
2 TRANSFER PROPERTY FROM OUTSIDE THE MAIN POST
3 AT THE CAMP PENDLETON STATE MILITARY
4 RESERVATION IN ACCORDANCE WTTH THE AGREEMENT
5 REACHED BETWEEN THE CITY OF VIRGINIA BEACH AND
6 THE COMMONWEALTH IN 1989
7 WHEREAS, the City has been leasing approximately 415
8 acres of land at the Camp Pendleton Military Reservation for a
9 variety of public uses;
10 WHEREAS, these uses entail an elementary school, a fire
11 training center, a fire station, tennis center, and golf course;
12 WHEREAS, the Commonwealth declared these properties and
13 an additional 130 acres surplus in 1987 and allowed the City the
14 first opportunity to purchase these properties;
15 WHEREAS, City staff negotiated with the Commonwealth for
16 these properties and reached a settlement that was agreeable to the
17 Commonwealth in 1989; and
18 WHEREAS, this agreement would have the City purchase
19 approximately 547 acres of property outside the main post at Camp
20 Pendleton Military Reservation for a total cost of $4,718,500.
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
22 OF VIRGINIA BEACH, VIRGINIA:
23 That the Commonwealth is requested to consummate the sale
24 of these properties to the City as previously agreed, i.e., upon
25 the payment of $1.0 million as a down payment, and the payment of
26 the balance in five (5) equal installments payable on July I of
27 each year.
28 BE IT FURTHER RESOLVED:
29 That this transfer take place as soon as possible.
30 BE IT FURTHER RESOLVED:
31 That this request be transmitted to the General Assembly
32 Delegation from Virginia Beach, and especially to the study
33 committee that is examining the uses of Camp Pendleton.
34 Adopted by the Council of the City of Virginia Beach,
35 Virginia, on the 1 day of December 1992.
36 CA-4912
37 ORDIN\NONCODE\PENDLETON.RES
38 R-1
39 PREPARED: 11/25/92
SICNATUR@
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENWAND FC)RM
2
- 18 -
item iii-J.
CONSENT AGENDA
ITEM # 36280
Upon motion by Vice Mayor Sessotm, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 1, Z 3, 4, 5 and 6 of the CONSEAT AGENDA.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
- 19 -
item iii-il.
CONSEA'T AGENDA
ITEM # 36281
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AD40PTED:
Resolution requesting the Virginia Depart?nent of Transportation award
a Grant to the City of ;rirginia Beach, ;rzrginia, re alternative fuel
program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and ;-ice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
I A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO
3 AWARD A GRANT TO THE CITY OF
4 VIRGINIA BEACH FOR AN ALTERNATIVE
5 FUEL PROGRAM
6 WHEREAS, the Clean Air Act passed by Congress requires
7 localities to develop strategies for the use of alternative fuels;
8 WHEREAS, funds are available from the Virginia Department
9 of Transportation to set up pilot programs to assist localities in
10 this effort; and
11 WHEREAS, an application has been forwarded to the
12 Department of Transportation for the award of a grant to assist the
13 City in setting up such a pilot program.
14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16 That City Council hereby requests the Virginia Department
17 of Transportation to act favorably on its application and to award
18 a grant to the City of Virginia Beach to assist the City in setting
19 up a pilot alternative fuel program.
20 BE IT FURTHER RESOLVED:
21 That the City Clerk is hereby directed to forward a
22 certified copy of this Resolution to the Virginia Department of
23 Transportation.
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on the I day of December 1992.
26 CA-4921
27 ORDIN\NONCODE\FUEL.RES
28 R-1
29 PREPARED: NOVEMBER 24, 1992
TAEN f /i T
APPROVE;.,@ A LEGAV
@L) FORM
- 20 -
Item III-.L2.
CONSENT AGENDA
ITEM # 36282
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Resolution referring to the Planing Commission proposed amendments re
floodplain regulations:
Section 4 of the Site Plan Ordinance
Sections 111, 238, 240, 1201, 1202, 1204 and 1205; ant new
Section 1206 of the City Zoning Ordinance.
Councilman Dean noted grammatical corrections to the City Zoning Ordinance sections.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Brancb, Ill James W. Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Non
Council Members Absent.-
Robert W Clyburn
December 1, 1992
I A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION PROPOSED AMENDMENTS TO SECTION 4 OF
3 THE SITE PLAN ORDINANCE, PERTAINING TO
4 FLOODPLAIN REGULATIONS
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That there is hereby referred to the Planning commission,
8 for its consideration and recommendation, proposed amendments to
9 Section 4 of the Site Plan ordinance, pertaining to floodplain
10 regulations. A true copy of such proposed amendments is hereto
11 attached.
12 Adopted by the City Council of the City of Virginia
13 Beach, Virginia, on the I day of December 1992.
14 CA-92-4752
15 \wmordres\siteflood.res
16 R-1
@PP@ED AS T@NTENTS
Sic@TURE
OEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND F
1 AN ORDINANCE TO AMEND AND REOR
2 SECTION 4 OF THE SITE
3 ORDINANCE, PERTAINING TO FLOODP
4 REGULATIONS.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 4 of the Site Plan Ordinance is hereby
8 amended and reordained, and shall read as follows:
9 Sec. 4. Information required on site development plan.
10 4.1 Nine (9) copies of a site plan, prepared, stamped and
11 endorsed by a registered engineer, surveyor or other persons duly
12 licensed by the Commonwealth of Virginia to practice as such, shall
13 be submitted with every application for approval, and shall contain
14 the following information:
15 A. Property and ownership information:
16 1. A location map at a scale of not less than one inch
17 equals 1,600 feet with the site plan clearly marked on
18 the location map identifying the location of the
19 property;
20 2. Present recorded property owner and map book and page
21 reference and deed book and page reference of the site
22 property;
23 3. Owners, lot numbers and map book/page reference of all
24 adjacent properties;
25 4. A boundary survey of the parcel prepared at a scale of
26 one inch equals fifty (50) feet or larger; no sheet shall
27 exceed 24 X 36 inches in size. The survey shall include
28 the acreaqe and/or square footage of the site and
29 indicate all boundaries by course and distance;
30 5. Iron pins 3/8 inch in diameter and 36 inches in length
31 shall be shown and installed at all lot corners, points
32 of tangents and any anqle point along a given course of
33 the parcel;
3 4 6. All property information shall be certified by the
35 engineer or surveyor of the project;
36 7. Existing zoning;
37 8. Geographical parcel identification number.
38 B. Existing and required site features and improvements:
39 1. Streets and easements, their names, rights-of -way status
40 (public or private), numbers and widths. Type (class)
41 and width of pavement, curbs, and sidewalks.
42 2. All property line and property line curve data or
43 centerline and centerline curve data including radius,
44 delta angle, length of arc, chord and tangent shall be
45 shown on the site development plan.
46 3. Utilities of all types.
47 4. The topographic survey, showing the elevation of streets,
48 alleys, buildings, structures, water courses and their
49 names. The topography shall be shown by adequate spot
50 elevations. The finished grade for the entire site shall
51 be shown and the proposed f-irst lowest floor elevation of
52 all buildings (except for detached garages and storage
53 areas which shall be located at or above the one-hundred-
54 year flood elevation) shall be a minimum of one foot
55 above the elevation of (a) the flood water of record or
56 (b) the intermediate flood level as determined by the U.
57 S. Army Corps of Engineers or (c) the f lood level as
58 determined by the department of public works, whichever
59 is greater. All elevations shall be certified and
60 referenced to @;atienal Geean Sur-vey (USG and GS) National
61 Geodetic Vertical Datum of 1929, 1972 adiustment (NGVD)
62 datum 0.00 mean sea level. All horizontal dimensions
63 shown on the site development plan shall be in feet and
64 decimals of a foot. All bearings in degrees, minutes and
65 seconds. Additionally, on all residential site plans
66 (single-family, two-family, duplex and townhouses) the
67 following information must be provided:
2
68 (a) The following statements shall appear on the site
69 plan:
70 (1) "The lot grading on this plan is in accordance
71 with the latest subdivision construction plan
72 submitted to and approved by the city engineer
73 on (indicate date of approval)."
74 (2) "The lowest f-inished floor elevation shown is
75 one foot above the one-hundred-year floodplain
76 as adopted by the City of Virginia Beach."
77 (Exception - detached residential garages and
78 storage areas shall be located at or above the
79 one-hundred-year flood elevation.)
80 (3) The elevation of the curb (if existing or
81 proposed) in front of each lot shall be
82 indicated.
83 (4) Elevations of the top of bank and toe of slope
84 and limits of fill necessary to construct the
85 dwelling unit, including access, shall be
86 indicated.
87 5. Number of floors, dimensions, and location of each
88 building and proposed use for each building shall be
89 indicated. If a multi-family, townhouse, or hotel
90 development is submitted, a specific schedule showing the
91 following information shall be included on the face of
92 the plan:
93 a. The dwelling units and/or lodging units per gross
94 acre of the project;
95 b. Breakdown of the number of bedrooms;
96 C. Percent of parcel devoted to recreation. Provided
97 further, if the breakdown of number of bedrooms
98 should change prior to the issuance of a building
99 permit, the builder or developer shall notify the
100 city agent by letter of such change; if the number
101 of units does not increase and if the dimensions or
102 position of the building structures do not change
3
103 then additional site plan approval will not be
104 necessary.
105 6. All off-street parking and parking bays, loading spaces
106 and walkways indicating type of surfacing, size, angle of
107 stalls, width of aisles and a specific schedule on the
108 face of the site plan showing the number of parking
109 spaces provided and the nurnber required in accordance
110 with the Virginia Beach zoning ordinance.
ill 7. Existing and proposed storm drainage easements and the
112 direction of drainage flow in streets, storm sewers,
113 valley gutters, streams and ditches. Indicate all
114 contributing areas in acres for storm drainage
115 calculations. Drainage area maps and drainage
116 calculations shall be submitted to the city agent upon
117 request.
118 8. All existing and proposed water, sanitary sewer
119 facilities indicating pipe sizes, types and grades shall
120 be shown. Connections into existing or proposed central
121 water and sewer systems shall be shown.
122 9. Provision and schedule for the adequate control of
123 erosion and sedimentation shall be in accordance with
124 article III of chapter 30 of the Code of the City of
125 Virginia Beach (City Code sections 30-56 through 30-78).
126 10. Landscape design and land use buffer plan in accordance
127 with the design standards of the department of planning,
128 as approved by the council of the City of Virginia Beach,
129 shall be required. Where Chesapeake Bay Preservation
13 0 Areas are located on a site, landscaping design and
131 buffer area plans shall be in accordance with section 110
132 of the Chesapeake Bay Preservation Area Ordinance
133 [Appendix F).
134 11. A def inite distance tie to an existing street
135 intersection shall be provided.
4
13 6 12. Location and identification of existing graves and
1 3 7 objects or structures marking a place of burial shall be
138 shown.
13 9 13. For development or redevelopment having a construction
140 footprint exceeding two thousand five hundred (2,500)
141 square feet in Chesapeake Bay Preservation Areas, there
142 shall, except if waived as unnecessary by the GhesapeajEe
143 Bay Preser-va--@e- '----.a Revieii, Gemm Planninct director,
144 also be provided all elements of the plan of development
145 as required by section 110 of the Chesapeake Bay
146 Preservation Area Ordinance [Appendix F] . The terms
147 "development," "redevelopment" and "construction
148 footprint" shall be as defined in section 103 of the
149 Chesapeake Bay Preservation Area Ordinance.
150 14. Where required by section 109 of the Chesapeake Bay
151 Preservation Area Ordinance [Appendix F] , there shall
152 also, except if waived as unnecessary by the Ghesapea)Ee
153 ]3ay Pr-eser-,vatien ALea Revieif Gemmittee iplanning director.,
154 be provided a water quality impact assessment containing
155 all of the elements required therein.
156 Adopted by the Council of the City of Virginia Beach,
157 Virginia on the day of 1992.
158
159 CA-4751
160 \wmordres\siteflood.orn
161 R-1
5
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION PROPOSED AMENDMENTS TO SECTIONS
3 111, 238, 240, 1201, 1202, 1204 AND 1205, AND
4 A NEW SECTION 1206, OF THE CITY ZONING
5 ORDINANCE, PERTAINING TO FLOODPLAIN
6 REGULATIONS
7 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That there is hereby referred to the Planning commission,
10 for its consideration and recommendation, proposed amendments to
11 Sections 111, 238, 240, 1201, 1202, 1204 and 1205, and a new
12 Section 1206, of the City Zoning Ordinance, pertaining to
13 floodplain regulations. A true copy of such proposed amendments
14 and addition is hereto attached.
15 Adopted by the City Council of the City of Virginia
16 Beach, Virginia, on the I day of December 1992.
17 CA-92-4750
18 \wmordres\czoflood.res
19 R-1
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 111, 238, 240, 1201, 1202,
3 1204, AND 1205 AND TO ADD A NEW
4 SECTION 1206 OF THE CITY ZONING
5 ORDINANCE, PERTAINING TO FLOODPLAIN
6 REGULATIONS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Sections 111, 238, 240, 1201, 1202, 1204, and 1205
10 of the City Zoning Ordinance are hereby amended and reordained, and
11 a new Section 1206 of the City Zoning Ordinance is added, and shall
12 read as follows:
13 Sec. 111. Definitions.
14 . . .
15 Flood insurance Studv. The flood insurance studv for the City
16 of Virginia Beach prepared bv the United States Federal Emergency
17 Management Agency (FEMA) . dated August 18, 1992, and subsequent
18 revisions.
19 Floodplain. That land adjoining a river, stream, watercourse,
20 ocean, bay, or lake, which is subject to inundation. Floodplains
21 shall be determined as the land situated below the elevation of:
22 (a) That recorded by the maximum elevation of the flood water
23 of record;
24 (b) The intermediate flood level as determined by the U.S.
25 Army Corps of Engineers; or
26 (c) The flood level as determined by the department of public
27 works, whichever is greater.
28 Any changes in the delineation of the intermediate flood level are
29 subject to approval by the federal insurance administrator.
30 A "floodplain" is divided int:e :tioe (2) areas may include one or
31 more of the following components:
32 (1) Floodway. A natural watercourse with definite bed and
33 banks to confine and conduct flood flows. 'Phe tep ef- the
34 ban!Es ferm the dividinej lines bet1/2ieeii the f-leeeliiay and
APPROVED AS TO CONT@NTS
DEPAP @-t@EIIJT
APK3VED AS TO LE(@'A!@
1 AN ORDINANCE TO AMEND AND REORDAIIi-,Yv@-o,
2 SECTIONS 111, 238, 240, 1201, 1202,
3 1204, AND 1205 AND TO ADD A NEW
4 SECTION 1206 OF THE CITY ZONING
5 ORDINANCE, PERTAINING TO FLOODPLAIN
6 REGULATIONS
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That Sections 111, 238, 240, 1201, 1202, 1204, and 1205
10 of the City Zoning Ordinance are hereby amended and reordained, and
11 a new Section 1206 of the City Zoning Ordinance is added, and shall
12 read as follows:
13 Sec. 111. Definitions.
14 . . .
15 Flood Insurance Studv. The flood insurance study for the City
16 of Virainia Beach Prepared by the United States Federal Emergency
17 Management Agencv (FEMA), dated August 18, 1992, and subsequent
18 revisions.
19 Floodplain. That land adjoining a river, stream, watercourse,
20 ocean, bay, or lake, which is subject to inundation. Floodplains
21 shall be determined as the land situated below the elevation of:
22 (a) That recorded by the maximum elevation of the flood water
23 of record;
24 (b) The intermediate flood level as determined by the U.S.
25 Army Corps of Engineers; or
26 (c) The flood level as determined by the department of public
27 works, whichever is greater.
28 Any changes in the delineation of the intermediate flood level are
29 subject to approval by the federal insurance administrator.
30 A "floodplain" is diVided inte tiie (2) ar-eas may include one or
31 more of the following components:
32 (1) Floodway. A natural watercourse with definite bed and
33 banks to confine and conduct flood flows. The tep ef- the
34 ban!Es f-erm t--- lines between the fleedway and
3 5 the f-! . Floodway lines must be established in
36 such a manner that some loss of storage and hydraulic
37 conveyance attributable to guiding future development
38 outside the floodway will not increase flood heights more
39 than applicable regulatory standards. Pending floodway
40 delineations from a storm drainage master plan, minimum
41 natural floodways shall be identified by the city soil
42 scientist. As a minimum, the floodway is as shown in the
43 Flood Insurance Study and accomnanying maps.
44 (2) Flood fringe. The relatively flat area or low lands
45 adjoining a floodway which has been or may infrequently
46 be covered by flood water.
47 (3) Ap@oximated -floodplain. The area for which no detailed
48 flood Profiles or elevations are Provided, but where a
49 one hundred-year floodplain boundary has been
50 approximated.
51 (4) coastal high hazard area. An area of special f lood
52 hazard extending from offshore to the inland limit of a
53 coastal Primary sand dune along an open coast and any
54 other area subiect to high velocity wave action from
55 storm or seismic sources. As a minimum, the coastal high
56 hazard areas are identified as V zones in the Flood
57 Insurance Study and accompanying maps.
58 . . .
59 Substantial damage. Damage from any cause sustained by
60 a structure as a result of which the cost of restoring such
61 structure to its t)re-damaged condition equals or exceeds fifty (50)
62 Percent of its market value prior to the occurrence of such damage.
63 . . .
64 Sec. 238. Mobile homes.
65 (I) Mobile home parks shall be subject to the following
66 conditions:
67 (a) Minimum allowances. In districts where allowable,
68 minimum area for a mobile home park shall be
2
69 twenty-five (25) acres. Streets, other than alleys
70 and service entrances used for general vehicular
71 entrances, and exits shall be sixty (60) feet; for
72 portions containing lots for buildings generally
73 open to occupants, minimum front yard dimension
74 shall be two hundred (200) feet. Minimum number of
75 lots completed and ready for occupancy before first
76 rentals are permitted shall be one hundred (100).
77 (b) Tract. The mobile home park shall comprise a
78 single tract except where divided by public streets
79 or alleys or where the total tract includes
80 separate parcels for necessary utility plants,
81 maintenance or storage facilities with appropriate
82 access to the park. All lands involved shall be so
83 dimensioned and related as to facilitate efficient
84 design and management. Density shall not exceed
85 seven (7) units per gross acre. The f-ell:ewing
86 shall apply te @Any mobile home park located in a
87 floodplain ineluding ne1/2i faebj:l:e heme paries afid
88 raebil:e heme sttbdivisiens, te emisti:ng
89 mebil:e heme heme sabdivi-iens@ and-
90 e)fistinej mebi3:e hefne -1--r-]Es and mebile heine
91 sabdivisiens iihei-e :the
r-epa+r-I r-eeensti-uetien ei-a
92 iiapievements ef the str-eets, util:ities and pads-
93 equals er e3feeeds fifty 1-0) pereent ef the value
94 ef- the sti-eets, utiliti-es aftel pads before the
95 --,-.-1 ---- nstruetien er imprevement has eermeneed-
96 shall also be sublect to the Provisions of Article
97 12 of this ordinance. For purposes of floodplain
98 management, the terms "mobile home", "mobile home
99 Park" and "mobile home subdivision" shall have the
100 same definitions as the terms "manufactured home"
101 and "manufactured home Dark or subdivision".
102 respectively, set forth in Section 1201 of this
103 ordinance.
3
104 (1) Stands be e'-eva--e-- efi
105 fill or- nejs se the -le1/2ies-- flee,- e#
106 the mebil:e heme iiill: be at er- abe've :the base
107 fleed !eve-l,-
108 (2) Adeqaate BaL-f-aee dr-ainaeje and ------ess fer a
109 hau!el- shall be pr-evi
110 (3) in the ..stanee ---- --Ievatieii en pilinejs, lets
ill shall be lai-cje eneugh te per-nit steps, pilinel
112 fetindatiens shall be 4n sta--'--- ne faet--
113 than ten f-ee-- apar-t, and r-einfel-eement
114 shall be pr-evided fer- .-IinEjs faere than Bi3f
115 (6) feet abeve the gr-eunel level.
116 (c) Permitted principal uses and structures are as
117 follows:
118 (1) One-faraily detached mobile homes;
119 (2) Parks, playgrounds, community centers, and
12 0 noncommercial recreational facilities, such as
121 golf courses, shuffleboard courts, swimming
122 pools, tennis courts, marinas, gamerooms,
123 libraries, and the like;
124 (3) Structures and uses required for operation of
125 a public utility, performance of a government
126 function, or performance of any function
12 7 necessary for the construction, operation or
128 maintenance of the mobile home park.
129 (d) Permitted accessory uses and structures. Uses and
13 0 structures which are customarily accessory and
131 clearly incidental and subordinate to permitted
132 principal uses and structures, including approved
133 storage facilities.
134 (e) Permissible uses and structures. In addition to
135 principal and accessory uses and structures
136 permitted by right, as indicated above, facilities
137 planned for development as part of the district and
138 serving needs not otherwise served in the general
4
139 area may be permitted by city council as part of
140 the MH-Park provided:
141 (1) That such facilities include only service,
142 commercial and office uses intended primarily
143 to serve the needs of persons in the MH-Park;
144 (2) Are of a nature permitted in the B-1
145 Neighborhood Business Residential: District and
146 conform to the requirements of that district
147 for such uses;
148 (3) Are designed and located to protect the
149 character of the district and surrounding
150 residential districts; and
151 (4) Shall occupy in total not more than f ive (5)
152 percent of the land area of the district.
153 (f) No sales lots for mobile homes or other moveable
154 dwellings or component modulars shall be permitted
155 in any such district.
156 (g) Off-street parking requirenients. At least two (2)
157 off-street parking spaces shall be provided for
158 each dwelling unit. Such spaces need not be
159 located on lots occupied by such dwelling units,
160 but at least one (1) such space shall be reserved
161 for and shall be located within one hundred (100)
162 feet of the entrance of the dwelling unit by normal
163 pedestrian routes.
164 (h) Recreational facilities. Not less than ten (10)
165 percent of the total area of any mobile home park
166 established under these regulations shall be
167 devoted to common recreational areas and
168 facilities, such as playgrounds, swimming pools and
169 community buildings. Where only one (1)
170 recreational area is provided, it shall be in a
171 central location conveniently accessible to all
172 dwellings. In larger parks, decentralized
173 facilities may be provided. No central recreation
5
174 area shall be credited toward meeting these
175 requirements unless it contains at least thirty
176 thousand (30,000) square feet. Recreational areas
177 shall be so located, designed and provided as to
178 minimize traffic hazards to users and adverse
179 effects on surrounding residential uses.
180 (II) Shelter for farm employees shall be subject to the
181 following conditions:
182 (a) They shall be located on land otherwise used for
183 agricultural purposes.
184 (b) They shall not exceed ten (10) per farming
185 business, even if all parcels of land involved in
186 such business are not contiguous.
187 (c) They shall be allowed only with farming business
188 involving at least one hundred (100) contiguous
189 acres under the same ownership.
190 (d) They shall be removed from the land at such time as
191 the farming business ceases to comply with the
192 conditions set forth herein.
193 (e) No such unit, excluding the first unit, shall be
194 located closer than five hundred (500) feet from a
195 public street.
196 (f) There shall be at least twenty (20) feet distance
197 between each unit.
198 (g) Quarterly inspections shall be conducted by
199 appropriate city inspections agencies pertaining to
200 minimum housing, health, zoning and fire. Each
201 unit shall be on an individual site of at least one
2 02 (1) acre in area and at least one hundred f if ty
2 03 (150) feet in width. Determination of dimensions
2 04 shall be in accordance with section 200 of this
205 ordinance.
206 (h) The property owner shall submit an affidavit to the
2 07 department of planning within the first ten (10)
2 08 days of each calendar year assuring that the
6
209 residents of each shelter for farm employees on his
210 property are bona fide farm employees and their
211 families.
212 Sec. 240. Recreational campgrounds.
2 13 Recreational campgrounds shall be subject to the
214 following conditions:
215 (a) Physical character of site. Condition of soil,
2 16 groundwater level, drainage and topography shall
217 not create hazards to the property or the health or
218 safety of the occupants. The site shall not be
2 19 exposed to objectionable smoke, noise, odors, or
22 0 other adverse influences, and no portion subject to
2 2 1 unpredictable and/or sudden flooding, subsidence or
222 erosion shall be used for any purpose which would
223 expose persons or property to hazards.
224 Recreational campgrounds located within f loodiplains
225 shall also be sublect to the provisions of Article
226 12 of this ordinance.
2 27 (b) Location and access. No recreational campground
228 shall be created in any location unless it is
2 2 9 served by roads so located and improved as to
230 assure safe access during periods of operation.
2 3 1 (c) Permitted principal uses and structures are as
232 follows:
2 3 3 (1) Uses of transportable recreational housing,
2 3 4 other than for permanent occupancy as dwelling
235 units, except as specified in subsection (d),
236 provided that storage of unoccupied units not
237 in a condition for safe occupancy and sale of
2 3 8 units shall be prohibited. It shall be the
239 responsibility of the recreational campground
24 0 operator to enforce the provisions of this
241 subdivision.
7
242 (2) Structures and uses required for the
2 43 operation, maintenance and management of the
244 recreational campground.
245 (d) Permitted accessory uses and structures. Includes
246 uses and structures customarily accessory and
247 clearly incidental and subordinate to permitted
248 uses and structures, including permanent mobile
249 homes with a maximum of one mobile home per one
250 hundred fifty (150) recreational campground spaces,
251 not to exceed five (5) mobile homes, for the
252 specific purpose of occupancy of employees
253 operating and maintaining the recreational
254 campground. Private sewage treatment facilities
255 shall not be permitted except by conditional use
256 permit.
2 57 (e) Permissible uses and structures. In addition to
2 58 principal and accessory uses and structures
2 59 permitted by right, facilities planned for
260 development as part of the district and promoting
2 61 the comfort, convenience or enjoyment of campers
262 within the district may be permitted by the
2 63 governing body subject to limitations and
2 64 requirements stated below in particular, and to
2 65 such additional conditions and safeguards as may be
266 established by the governing body as appropriate to
267 the circumstances of the particular district and
268 its relation to surrounding property. Such
269 facilities include the following:
2 70 (1) Recreational campground convenience
27 1 establishments. Establishments for the sale
272 or rental of supplies or for provision of
273 services, for satisfaction of daily or
274 frequent needs of campers, within the district
275 may be permitted. Such establishments include
276 those providing groceries, ice, sundries,
8
277 bait, fishing equipment, self-service laundry
278 equipment and the like but not sale of
279 gasoline to automobiles. Such establishments
280 shall be designed to serve only the needs of
281 campers within the campground, but shall not,
282 including their parking areas, occupy more
2 8 3 than two (2) percent of the area of the
284 campground and shall not be so located as to
285 attract patronage from outside the grounds,
286 nor to have adverse effects on surrounding
287 land uses.
288 (2) Marinas, launching ramps. Marinas, launching
289 ramps and the like may be permitted when
290 appropriate to the character and location of
291 the campground, provided that such
292 installations shall not provide facilities for
2 93 long term storage of boats other than those
294 rented in connection with the campground
295 operation, or for major repair or overhaul of
296 boats. Requirements and restrictions applied
297 in particular cases may include limitations on
298 hours and manner of operation, requirements
299 for appropriate parking space for boat
300 trailers, and the like.
301 (f) minimum dimensional requirements:
3 02 (1) Minimum area for creation of a recreational
3 03 campground shall be twenty-five (25) acres.
304 At the opening of any recreational campground
3 05 for occupancy by units, all required
3 06 facilities and improvements shall have been
3 07 completed, and the minimum number of spaces
3 08 available and ready for occupancy shall be
3 09 fifty (50). Maximum density in recreational
310 campgrounds shall not exceed twelve (12)
311 spaces per acre. Signs shall be as allowed in
9
312 the district where the use is first permitted
313 as a conditional use.
314 (2) Recreation area. Not less than eight (8)
315 percent of the area of the recreational
3 16 campground shall be devoted to recreation
317 area. Such recreation area may include space
318 for cominon walkways and related landscaping in
319 block interiors provided that such common open
320 space is at least twenty (20) feet in width,
321 as passive recreation space, but shall include
322 at least half of the total required
323 recreational area in facilities for active
324 recreation, such as swimming pools or beaches,
325 ballfields, shuffleboard courts, play lots for
326 small children and the like, of a nature so
327 designed to serve the type of campers
328 anticipated and so located as to be readily
329 available from all spaces and free from
330 traffic hazards.
331 ARTICLE 12. FLOODPLAIN REGULATIONS
3 3 2 Sea. 1200. Legislative intent. The purpose of this article is to
333 establish and identify those areas to be known as the floodplain
3 34 and which would be subject to special regulations. These
335 regulations are intended to implement a policy of protecting the
3 3 6 natural floodplains in the city by requiring that any filling
3 3 7 operations taking place maintain the same flood storage capability
3 3 8 and storm water flow characteristics as those that naturally exist.
3 39 The purpose of establishing such areas is to protect life and
34 0 property, to reduce public costs for flood control, rescue and
341 relief efforts, and construction and maintenance of manmade
3 42 drainage facilities, to preserve the highest possible level of
34 3 water quality in the waterways of the area, and to support and
344 conform to the National Flood Insurance Program.
10
345 Sea. 1201. Definitions.
346 For the purpose of this article, the following terms
347 shall be defined as herein indicated:
3 4 8 Basement. Any area of the building having its floor
349 below ground level on all sides.
350 Geasta3: hiejh hazard at-ea. The ar-ea 91/2ibjeet te high
3 51 vel:eeity watet-9, inel:,ading but net I:ifaiteEl t-s hurr-ieane waveifash et--
352 tsunamis. The area is debignated en a fleed insuranee rate
353 (FIP4!) aB zene ;zl: 39.
354 Coastal primary sand dune. A mound of unconsolidated
355 sandy soil which is contiguous to mean hiah water, whose landward
356 and lateral limits are marked by a change in grade from ten (10)
357 ipercent or greater to less than ten (10) percent, and ut)on any part
358 of which is growing on July 1, 1980, or grows thereon subseciuent
359 thereto, any one or more the following: American beach grass
360 (Ammophilla brevilicrulata) ; beach heather (Hudsonia tometosa) ; dune
361 bean (Strophostylis umbellata var, paludigena); dusty miller
362 (Artemisia stelleriana); salt-meadow hay (Spartina Patens);
3 63 seabeach sandwort (Arenaria t)eploides); sea oats (Uniola
364 ipaniculata); sea rocket (Cakile edentula); seaside goldenrod
365 (solidago semipervirens) ; and short dune grass (Panicum ararum) .
366 "Coastal primary sand dune" shall not include any mound of sand,
367 sandy soil, or dredge soil which has been deposited by man for the
368 Purpose of the temporary storage of such material for later use.
369 Flood. A general and temporary condition of partial or
370 complete inundation of normally dry land areas from:
371 (a) The overflow of inland or tidal waters.---
3 72 (b) The unusual and rapid accumulation of runoff or
373 surface waters from any source@l or
374 (c) Mudslides (i.e., mudflows) which are proximately
375 caused or precipitated by accumulations of water on
376 or under the ground. The collapse or subsidence of
377 land along the shore of a lake or other body of
378 water as a result of erosion or undermining caused
11
3 79 by waves or currents of water exceeding anticipated
3 80 cyclical levels or suddenly caused by an unusually
381 high water level in a natural body of water,
382 accompanied by a severe storm, or by an
383 unanticipated force of nature, such as flash flood
384 or an abnormal tidal surge, or by some similarly
385 unusual and unforeseeable event which results in
386 flooding as defined in (a) of this section.
387 Floodplain. That land area adjoining a river, stream,
388 watercourse, ocean, bay, or lake, which is subject to inundation.
389 Floodplains shall be determined as the land situated below the
390 elevation of:
3 91 (a) That recorded by the maximum elevation of the flood
392 water of record;
393 (b) The intermediate flood level as determined by the
394 U. S. Army Corps of Engineers; or
395 (c) The flood level as determined by the department of
396 public works, whichever is greater.
397 Any changes in the delineation of the intermediate flood level are
398 subject to approval by the federal insurance administrator.
3 99 A "floodplain" is divided into t1/2ie (2) ai-eas may include
400 one or more of the following components:
401 (1) Floodway. A natural watercourse with definite bed
402 and banks to confine and conduct flood flows.
4 03 tep ef- the ban!Es f-errfi the dividing 3:ines between
404 the fleedway and the fleed fi-inge. Floodway lines
405 must be established in such a manner that some loss
406 of storage and hydraulic conveyance attributable to
407 guiding future development outside the floodway
408 will not increase flood heights more than
409 applicable regulatory standards. Pending floodway
410 delineations from a storm drainage master plan,
411 minimum natural floodways shall be identified by
4 12 the city soil scientist. As a minimum, the
12
413 floodway is as shown in the Flood Insurance Study
414 and accompanying mans.
415 (2) Flood fringe. The relatively flat area or low
416 lands adjoining a f loodway which has been or may
417 infrequently be covered by flood water.
418 (3) App.-roximated floodplain. The area for which no
419 detailed flood Profiles or elevations are Provided,
4 2 0 but where a one hundred-year floodiplain boundary
421 has been approximated.
422 (4) Coastal high hazard area. An area of special flood
423 hazard extending from offshore to the inland limit
424 of a coastal Primary sand dune along an open coast
425 and any other area subiect to high velocity wave
42 6 action from s orm or sei mic sources. As a
42 7 minimum, the coastal high hazard areas are
428 identified as v zones in the Flood Insurance Study
429 and accompanying mays.
430 Lowest floor. The lowest floor of the lowest enclosed
4 3 1 area (including basement). An unfinished or flood-resistant
432 enclosure, usable solely for parking of vehicles, building access
4 3 3 or storage, in an area other than a basement area, is not
434 considered a building's lowest floor, provided that such enclosure
435 is not built so as to render the structure in violation of the
436 applicable nonelevation design requirements of this article.
4 37 Manufactured home. A strueture, transpel-tabi-
4 3 8 mere seetiens, iehieh i:s bailt en a-perfaanent ehassis and
4 3 9 designed f-er tise with er- iiithetit a per-faanent fatindatien wher
44 0 eenneeted to the reqaired t*tilities. Fer fleedplain raanagement
441 pui-peses, the ter-m I'manufaetui-ed heme" alse ineludes par-!E tr-ail:e@,
442 travel trailers, and ether similar vehieles plaeed en a site fer
443 ejLeateL, than ene hundr-ed eiejhty (3:8()) eenseeetive days. F-OP
444 -peseb, the teiem "inantifaetar-ed hemell dees net ine
445 par!E trailers, travel trailers, and ether similar vehieles.
446 A structure sublect to federal regulations, which is transportable
447 in one or more sections; is eight (8) body feet or more in width
13
448 and forty (40) body feet or more in length in the travelling mode,
449 or is three hundred twenty (320) or more square feet when erected
450 on site; is built on a permanent chassis; is designed to be used as
451 a single family dwelling, with or without a Permanent foundation
4 52 when connected to the reguired facilities; and includes the
453 plumbing, heating, air conditioning and electrical systems
454 contained in the structure.
455 Manufactured home park or subdivision. A parcel or
456 contiguous parcels of land divided into two (2) or more
457 manufactured home lots for rent or sale.
458 One hundred-year flood. The f lood having a one (1)
459 percent chance of being equalled or exceeded in any given year,
460 also referred to as "base flood" or intermediate level flood.
461 Recreational vehicle. A vehicle which is:
462 (a) Built on a single chassis;
463 (b) Four hundred (400) square feet or less when
464 measured at the largest horizontal proiections;
465 (c) Designed to be self-propelled or permanently
466 towable by a light duty truck; and
467 (d) Desicrned Primarily not for use as a Rermanent
468 dwelling but as a temporary living cruarters for
469 recreational camping, travel or seasonal use.
470 Regulatory floodway. The channel of a river or other
471 watercourse and the adjacent land areas that must be reserved in
472 order to discharge the base flood without cumulatively increasing
473 the water surface elevation more than a designated height.
474 Start of construction. Includes substantial improvement,
475 and means the date the building permit was issued, provided the
476 actual start of construction, repair, reconstruction, placement, or
477 other improvement was within one hundred eighty (180) days of the
478 permit date. The actual start means either the first placement of
479 permanent construction of a structure on a site, such as the
480 pouring of a slab or footings, the installation of piles, the
481 construction of columns, or any work beyond the stage of
482 excavation; or the placement of a manufactured home on a
14
483 foundation. For substantial imiprovements, the actual start of
484 construction means the first alteration of any wall, ceiling,
485 floor, or other structural Part of a building, whether or not the
486 alteration affects the. external dimensions of the building.
487 Permanent construction does not include land preparation, such as
488 clearing, grading and filling; nor does it include the installation
489 of streets and/or walkways; nor does it include excavation for a
490 basement, footings, piers, or foundations or the erection of
491 temporary forms; nor does it include the installation on the
492 property of accessory buildings, such as garages or sheds not
493 occupied as dwelling units or not part of the main structure.
494 Sec. 1202. Establishing the floodplain areas.
495 The floodplain shall include areas subject to inundation
49 6 by waters of the one hundred-year flood. The basis for the
497 delineation of these areas shall be the flood insurance study for
498 the city of Virginia Beach prepared by the U.S. Federal Emergency
499 Management Agency, Federal Insurance Administration, dated Tuly 9::7,
500 1984 August 18, 1992, and subsequent revisions. Any land included
501 within a floodplain shall be subject to the use regulations and the
502 special requirements relating to floodways, @ flood fringes_
503 approximated f loodplains, and coastal high hazard areas as set
504 forth in this article, provided that any permitted development is
505 further subject to all federal and state rules and regulations.
506 The floodplain shall be established in conformance with the
507 definition of floodway, @ flood fringe, approximated floodplain,
508 and coastal high hazard area.
509 (a) The "regulatory floodway" is delineated for
510 purposes of this article using the criteria that a
511 certain area within the floodplain must be capable
512 of carrying the waters of the one hundred-year
513 flood without increasing the water surface
514 elevation of that flood more than one (1) foot at
515 any point. These areas are specifically defined in
516 table 4 5 of the abeve refereneed fleed instiranee
517 stady dated 3tily 4:q, 1984 Flood Insurance Study,
15
518 and shown on the accompanying f lood boundary and
519 floodway map, which is a part of the fleed
520 instir-anee s@ Flood Insurance Study which is
521 declared to be a part of this article and which
52 2 shall be kept on file at the office of the city
523 engineer.
52 4 (b) The flood fringe shall be that area of the one
525 hundred-year floodplain not included in the
526 floodway. The basis for the outermost boundary of
52 7 this area shall be the one hundred-year flood
528 elevations contained in the flood profiles of the
529 abeve refereneed fleed insuranee st'dd!,F Flood
53 0 Insurance Study and as shown on the above
531 referenced flood boundary and floodway map.
532 (c) The approximated floodplain shall be that
53 3 floodplain area for which no detailed flood
534 profiles or elevations are provided, but where a
535 one hundred-year floodplain boundary has been
536 approximated. Such areas are shown on the maps
53 7 accompanying the abeve refereneed fleed insaranee
538 study Flood Insurance Study. In determining the
539 necessary elevations for the purposes of this
540 article, the city engineer shall obtain, review and
541 reasonably utilize any base flood elevation and
542 floodway data available from a federal, state, or
54 3 other source, as criteria for requiring that new
544 construction, substantial improvements, or other
545 development in zone A comply with the provisions of
546 section 1204 of this article. Such sources of date
547 include:
548 (i) Corps of Engineers--Floodplain information
549 reports.
550 (ii) U. S. Federal Emergency Management Agency--
551 Flood insurance rate maps and flood boundary
552 and floodway maps.
16
553 (iii) u. s. Geological Survey--Floodprone
554 quadrangles.
555 (iv) City of Virginia Beach soil scientist--Flood
556 hazard analyses.
557 (v) Known high water marks from past floods.
558 (vi) Other sources, e.g., hydrologic and hydraulic
559 analyses by professional engineer.
560 (d) The coastal high hazard area shall be those
561 portions of the floodplain subject to inundation by
562 high velocity waters and wave action and identif ied
563 as V zones on the maps accompanying the abeve
564 ief-ei-eneed f-leed insuranee study Flood Insurance
565 StudV.
566 (e) Where no regulatory floodway has been mapped, the
567 floodway shall be deemed to consist of any and all
568 areas of marsh, swamp, or permanently saturated
569 soils as further defined in section 1201 of this
570 article.
571 (f) Initial interpretations of the boundaries of the
572 floodplain shall be made by the city engineer. Any
573 person aggrieved by the decision or determination
574 of the city engineer may appeal same to the board
575 of zoning appeals. Such appeal shall be taken
576 within thirty (30) days after the decision
577 appealed, by filing the appropriate notice as
578 referenced in Section 15.1-496.1 of the Code of
579 Virginia.
580 Sec. 1203. Use regulations.
581 All uses, activities, and development occurring within any
582 floodplain shall be undertaken only upon the issuance of a permit.
583 Such development shall be undertaken only in strict compliance with
584 the provisions of this article and with all other applicable codes
585 and ordinances such as the Virqinia Uniform Statewide Building
586 Code. Prior to the issuance of any such permit, the permit official
17
587 shall require all applications to include compliance with all
588 applicable state and federal laws.
589 Under no circumstances shall any use, activity, and/or
590 development adversely affect the capacity of the channels or
591 floodways of any watercourse, drainage ditch, or any other drainage
592 facility or system.
593 Prior to any proposed alteration or relocation of any channel
594 or of any watercourse, stream, etc., a permit shall be obtained
595 from the United States Army Corps of Engineers, the Virainia State
596 Water Control Board, and the Virginia marine Resources Commission
597 shall: be netif-iee-l (a ioint permit application is available from any
598 of these organizations). Further, notification of the proposal
599 shall be given by the applicant to all affected adjacent
600 munieipalit@ iurisdictions, the Division of soil and Water
601 Conservation of the Department of Conservation and Recreation, and
602 the Federal Insurance Administration. Gepi:es ef- sueh neti:f-ieatiens
603 shall be f-erwar-ded te beth the Vii-ejinia ?4ar-ine Reseai-ees Gemmissi:en
604 and the U.S. Fedei-al Eraet-Ejeney ?Iafiageffient Aejeney, F-edel-al insai-anee-
605 Administrati @.
606 (a) In the floodway areas of the floodplain, the following
607 uses and structures may be permitted, subject to the
608 requirements of this article:
609 (1) Public and private outdoor recreational facilities;
610 (2) Agricultural uses, including farming, grazing and
611 the raising of poultry or livestock; provided, that
612 poultry or livestock shall not be housed within
613 five hundred (500) feet of any residential,
614 apartment or hotel district;
615 (3) Open uses, such as off-street parking or loading
616 and unloading areas related to uses in adjoining
617 districts;
618 (4) Commercial mining, soil removal and sand pits,
619 subject to regulations applicable to extractive
62 0 industries as set forth in the conditional use
621 provisions;
18
62 2 (5) Public improvements, such as dams, levees and
62 3 channel improvements, and utility installations and
624 substations, including temporary storage of
625 materials, except flammable, toxic or noxious
626 materials, and temporary location of maintenance
627 installations;
628 (6) Uses and structures customarily accessory and
629 clearly incidental and subordinate to uses listed
63 0 above, including in connection with agricultural
631 uses; roadside stands for the sale of agricultural
632 products produced on the premises, provided that:
63 3 (i) Only one (1) such stand shall be permitted per
634 lot,
635 (ii) No such stand shall exceed five hundred (500)
636 square feet in floor area, and
637 (iii) No such stand on the street frontage shall be
638 erected within twenty (20) feet of the
639 property line.
640 (b) In the flood fringe and approximated floodplain
641 areas of the floodplain, land shall be subject to
642 the use regulations of the appropriate zoning
643 district as well as the special regulations
644 relating to flood fringe and approximated
645 floodplain as set forth in this article.
646 See. 1204. special requirements applicable to the floodplain.
647 (a) Regulation of floodways. Any provision to the contrary
648 notwithstanding, no use or structure or substantial improvement to
649 an existing structure shall be permitted in any floodway, if such
650 use or structure or substantial improvement will adversely affect
651 normal flood flow, or will increase flooding of lands above or
652 below the property, or will increase erosion within or adjoining
653 the floodway, or will cause diversion of flood waters in any manner
654 more likely to create damage than does flow in a normal course, or
655 will increase peak flows or velocities in a manner likely to lead
656 to added property damage or hazards to life, or will increase
19
657 amounts of damaging materials (including those likely to be
658 injurious to health) with might be carried downstream in floods.
659 Encroachments, including fill, new construction, substantial
660 improvements, and other development within the regulatory floodway
661 that would result in any increase in flood levels within the
662 community during the occurrence of the base flood discharge is
663 specif ically prohibited. No variance shall be granted for any
664 development, use, or activity within any regulatory floodway that
665 would cause any increase in flood heights. If a structure is
666 allowed or granted a variance to be located within a regulatory
667 floodway, it shall also meet the regulations for flood fringes and
668 approximated floodplains.
669 (b) Regulation of flood fringes and approximated floodplain.
670 Every structure or substantial improvement to an existing structure
671 permitted in the flood fringe and approximated floodplain shall be
672 so located, elevated, and constructed as to resist flotation and to
67 3 offer minimum obstruction to flood flow. The lowest floor
674 (including basement) of every structure shall be a minimum of one
675 (1) foot above the elevation of the floodplain except as provided
676 for in section 4.1.B.4 of the site plan ordinance. No use shall be
677 permitted if such use will increase the amounts of potentially
678 damaging materials (including those likely to be injurious to
679 health) which might be carried downstream in floods. Electrical,
680 heating, ventilation, plumbing, and air-conditioning equipment and
681 other service facilities shall be designed and/or located so as to
682 prevent water from entering or accumulating within the components
683 during conditions of flooding. For all new construction and
684 substantial improvements, fully enclosed areas below the lowest
685 floor that are subject to floodinq shall be designed to
686 automatically equalize hydrostatic flood forces on exterior walls
687 by allowinq for the entry and exit of flood waters. Designs for
688 meeting this requirement must either be certified by a registered
689 professional engineer or architect or must meet or exceed the
690 followinq minimum criteria:
20
691 (i) A minimum of two (2) openings having a total net area of
692 not less than one (1) square inch for every square foot
693 of enclosed area subject to flooding shall be provided.
694 (ii) The bottom of all openings shall be no higher than one
695 (1) foot above grade.
696 (iii) openings may be equipped with screens, louvers, or other
697 coverings or devices provided that they permit the
698 automatic entry and exit of flood waters.
699 (c) Floodplains subject to special restrictions. Not-
700 withstanding provisions of this article to the contrary, there
701 shall be no filling permitted for the purpose of altering the
702 contour of the land and that would decrease the flood storage
703 capacity or adversely affect storm water flow conditions as
704 determined upon review by the city engineer except for the purpose
705 of roadway construction or other similar public works construction,
706 and except to provide the minimum amount of fill to assure adequate
707 functioning of a septic tank system, in any of the following
708 floodplains:
709 (1) North Landing River and its tributaries south of
710 Lynnhaven Parkway;
711 (2) West Neck Creek and its tributaries south of Shipps
712 Corner Road and London Bridge Road; and
713 (3) Bays, creeks, lakes, guts, coves, marshes and swamps and
714 their tributaries comprising the Back Bay watershed south
715 of South Birdneck Road and east of Princess Anne Road and
716 General Booth Boulevard.
717 Bee. 1205. special requirements applicable to coastal areas.
718 Sand dunes, barrier beaches and other natural protective
719 barriers shall remain intact to provide protection against wind,
72 0 waves, and erosion damage. Removal of such barriers will be
72 1 allowed only if the landowner agrees to construct artificial
722 barriers in their place, such as seawalls, bulkheads, jetties, or
723 groins, providing an equal or greater protection from wind, wave
724 and water action.
21
72 5 (a) Coastal high hazard area. In the coastal high hazard
72 6 area (zones VI-30), the following regulations shall apply in
727 addition to the regulations cited above:
72 8 (1) No land below the level of the one hundred-year tidal
729 flood may be developed unless the new construction or substantial
730 improvements:
731 i. Is located landward of the reach of the mean high
732 tide;
733 ii. Is elevated on adequately anchored piles or
7 3 4 columns, and securely anchored to such piles or
7 3 5 columns so that the lowest portion of the
736 structural members of the lowest floor is elevated
7 37 to at least one (1) foot above the one hundred-year
738 tidal fleed level maximum wave crest elevation, as
739 shown in the Flood Insurance StudV and accompanying
740 malps;
741 iii. Has been certified by a registered professional
742 engineer or architect that it is securely anchored
743 to adequately anchored pilings or columns in order
744 to withstand velocity waters and hurricane
745 wavewash;
746 iv. Has the space below the lowest floor either free of
747 obstruction or constructed with nonsupporting
748 breakaway walls, open wood latticework, or insect
749 screening intended to collapse under wind and water
750 loads without causing collapse, displacement, or
751 other structural damage to the elevated portion of
752 the building or supporting foundation system. For
753 the purposes of this article, a breakaway wall
754 shall have a design safe loading resistance of not
755 less than ten (10) and no more than twenty (20)
756 pounds per square foot. Use of breakaway walls
757 which exceed a design safe loading resistance of
758 twenty (20) pounds per square foot (either by
759 design or when so required by local or state codes)
22
760 may be permitted only if a registered professional
761 engineer or architect certifies that the designs
762 proposed meet the following conditions:
763 (i) Breakaway wall collapse shall result from a
764 water load less than that which would occur
765 during the base flood; and
766 (ii) The elevated portion of the building and
767 supporting foundation system shall not be
768 subject to collapse, displacement, or other
769 structural damage due to the effects of wind
770 and water loads action simultaneously on all
771 building components (structural and non-
772 structural). Maximum wind and water loading
773 values to be used in this determination shall
774 each have a one (1) percent chance of being
775 equalled or exceeded in any given year (one
776 hundred-year mean recurrence interval). Such
777 enclosed space shall be usable solely for
778 parking of vehicles, building access, or
779 storage.
780 V. Does not utilize fill for structural support of
781 buildings or structures.
782 vi. Has the electrical, heating, ventilation, plumbincr,
783 and air-conditioning eguipment and other service
784 facilities designed and/or located so as to Prevent
785 water from entering or accumulating within the
786 components during conditions of flooding,
787 vii. Meets all other applicable requirements for
788 construction in high hazard zones found in the
789 Virginia uniform Statewide Building Code.
790 (2) In the coastal hazard area of the floodplain, land shall
791 be subject to the use regulations of the appropriate
792 zoning district, as well as the special regulations
793 relating to coastal high hazard areas as set forth in
794 this article. Existing nonconforming uses and/or
23
795 structures located on land below the level of one
796 hundred-year tida3: f-]:eed maximum wave crest elevation, as
797 shown in the Flood Insurance Study and accomipanying mat)s.
798 shall not be expanded.
799 (3) The manmade alteration of sand dunes which would increase
800 potential flood damage is prohibited.
801 Sao. 1206. special recruirements for manufactured homes and
802 recreational vebicles.
803 (a) Manufactured homes placed or substantially improved on
804 sites within a flood fringe or approximated floodplain shall:
805 (1) Be elevated on a permanent foundation such that the
806 lowest floor of the manufactured home is elevated
807 to or above the base flood elevation and securely
808 anchored to an adequately anchored foundation
809 system to resist flotation, collapse and lateral
810 movement;
811 (2) Have adecluate surface drainage and access for a
812 hauler Provided;
813 (3) In the instance of elevation on pilings, be on lots
814 large enough to permit steips, have piling
815 foundations in stable soil no more than ten (10)
816 feet aipart, and have reinforcement 1provided for
817 Pilings more than six (6) feet above the ground;
818 (4) Have electrical, heating, ventilation, Plumbing,
819 and air-conditioning eauilpment and other service
820 facilities, designed and/or located so as to
821 Prevent water from entering or accumulating within
822 the components during conditions of flooding; and
82 3 (5) Have fully enclosed areas below the lowest floor
824 that are subiect to flooding meet the applicable
825 reauirements described in section 1204(b) of this
826 article.
827 (b) Manufactured homes placed or substantially improved on
828 sites within a coastal high hazard area shall comply with the same
24
82 9 standards as set forth for conventional housing in coastal high
830 hazard areas.
831 (c) Recreational vehicles t)laced or substantially improved on
8 3 2 sites within a flood frincfe or aipproximated floodiplain shall
833 either:
8 3 4 (1) Be on the site for fewer than one hundred eighty
835 (180) consecutive days;
836 (2) Be fully licensed and ready for highway use; or
837 (3) Meet all applicable permit reauirements for
838 Placement and the elevation and anchoring
839 requirements for manufactured homes.
840 A recreational vehicle is ready for highway use if it is on wheels
841 or iackincr system, is attached to the site only by quick disconnect
842 -type utilities and security devices, and has no Permanently
843 attached additions.
844 (d) Recreational vehicles placed or substantially improved on
845 sites within a coastal high hazard area shall either:
846 (1) Be on site for fewer than one hundred eighty (180)
847 consecutive days;
848 (2) Be fully licensed and ready for highway use; or
849 (3) Meet the same standards applicable to conventional
850 housing in coastal high hazard areas.
851 Adopted by the Council of the city of Virginia Beach,
852 Virginia on the day of 1992.
853 CA-4749
854 \wmordres\czoflood.orn
855 R-3
25
- 21 -
Item III-.L3.
CONSENT AGENDA
ITEM # 36283
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council AD40PTED, AS
AMENDED.-
Ordinance to APPROPRL4TE $70,383 from the Commonwealth of
Virginia to the Shetiff's Departinent's FY 1992-1993 Operating Budget
re funding for the two percent (2'Yo) salary adjustment provided by the
State Compensadon Board, effective January 1, 1993; and that FY
1992-1993 estitnated revenues from the Commonwealth be increased by
$70,383 to reflect the additional funding from the State Compensation
Board
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
AN ORDINANCE TO APPROPRIATE $70,383 FROM THE COMMONWEALTH OF
VIRGINIA TO PROVIDE FUNDING FOR THE 2% SALARY ADJUSTMENT
PROVIDED BY THE STATE COMPENSATION BOARD
1 WHEREAS, the State Compensation Board has approved a 2%
2 cost-of-living adjustment effective January 1, 1993, for State
3 employees and has provided funds for that purpose;
4 WHEREAS, the Sheriff's office was allocated $70,383 by
5 the Compensation Board for this purpose.
6 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
7 CITY OF VIRGINIA BEACH, VIRGINIA, that $70,383 be appropriated in
8 the Sheriff's Department's FY 1992-93 Operating Budget to provide
9 funds for a 2% cost-of-living adjustment to be effective January 1,
10 1993.
11 BE IT FURTHER ORDAINED, that FY 1992-93 estimated
12 revenues from the Commonwealth be increased by $70,383 to reflect
13 the additional funding from the State Compensation Board.
14 Adopted by the City Council of the City of Virginia
15 Beach, Virginia on this day December I 1992.
Appro ed aSS tb Cbhtbht
Jr.
Deputy bik6dt6ti
Manaqement ahd Budlet
- 22 -
e- III- b
CONSEA'T AGENDA
ITEM # 36284
Up- -tion bY Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED, AS
AMENDED:
Ordinances re DF,4 Seized Assets Fund.-
APPROPRL4TE $80,000 re purchase of digital voice recording
equipment and sLr microcomputers to increase the efficiency of the
Offense Clerks and Telephone Reporting Unit (TRu);
AND,
TRANSFER $12,950 re purchase of microcomputer network for Ponce
Special Investigative Unit.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Brancl; III James W. Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
AN ORDIINANCE TO APPROPRIATE $80,000 FROM WITHIN THE DEA SEIZED
ASSETS FUND FOR THE PURPOSE OF PURCHASING DIGITAL VOICE RECORDING
EQUIPMENT ALONG WITH SIX MICROCOMPUTERS TO INCREASE THE
EFFICIENCY OF THE OFFENSE CLERKS AND THE TELEPHONE REPORTING UNIT
1 WHEREAS, the Police Department currently operates both
2 a Telephone Reporting Unit and an Offense Clerk Unit, both of
3 which process police Offense reports. The Telephone Reporting
4 Unit allows callers to place police reports without having to
5 have a patrol officer respond and the Offense Clerk Unit provide
6 transcription of those calls where a patrol officer responded;
7 WHEREAS, these two units are being combined to allow
8 for greater response capacity to both internal report
9 transcribing and to low priority calls, those where it is not
10 necessary for a patrol officer to respond;
11 WHEREAS, in order to accomplish this goal the Police
12 Department needs to replace and upgrade existing technologies.
13 The current voice transcriber system is 10 years old and is at
14 the end of its useful life and requires replacement. In
15 addition, the combined unit will require access to six (6)
16 additional microcomputer work stations;
17 WHEREAS, the City has received additional funds from
18 the DEA Seized Assets program to allow for this purchase.
19 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA, that $80,000 be appropriated in
21 DEA Seized Assets Fund for the purpose of purchasing a digital
22 voice transcriber system and additional microcomputer equipment.
23 BE IT FURTHER ORDAINED, that estimated revenue from the
24 Federal Government be increased by $80,000.
ADOPTED: December 1, 1992
proved a, o Content
Waltot C.
be y
Ma n
AN ORDINANCE TO TRANSFER $12,950 FROM WITHIN THE DEA SEIZED
ASSETS FUND FOR THE PURPOSE OF PURCHASING A MICROCOMPUTER
NETWORK FOR THE POLICE SPECIAL INVESTIGATIVE UNIT
1 WHEREAS, the Police Special Investigative Unit utilizes
2 old stand alone microcomputers to process case documents,
3 maintain evidence inventories, and other records;
4 WHEREAS, both the Police Special Investigative Unit and
5 the Commonwealth Attorney's Office have a need to actively
6 communicate on various cases and this can be accomplished through
7 the acquisition of a microcomputer network to allow transference
8 of case files between the two agencies;
9 WHEREAS, sufficient funds exist in the DEA Shared
10 Assets Account to purchase this computer equipment.
11 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA, that funds in the amount of
13 $12,950 be transferred from the Reserve account within the DEA
14 Shared Assets Fund.
ADOPTED: December 1, 1992
- 23 -
Item III-.L5.
CONSENT AGENDA
ITEM # 36285
Upon motion by Vzce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing ficense refunds in the amount of $9,195.85 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
FORM NO. C,A. 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Livingwell (South) Inc. 1989 11/5/92 1,349.66 1,349.66
T/A Livingwell Fitness Center
520 Post Oak Blvd., S-240
Houston, TX 77027
Certified as to Payment:
Commissioner of the Revenue
Approved as to form
Le LIley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1, 349. 66 were approved by the Council
of the City of Virginia Beach on theIday of December '19 92
Ruth Hodges Smith
City Clerk
FORM NO C . 8 FIEV
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Allison-Erwin Co. 1990-92 Audit 61(,.21 616.21
P. 0. Box 32308
Charlotte, NC 28232
Atlantic Ocean Cove Inc. 1991 Audit 46.07 46.07
T/A Harbor House Motor inn
411 26tli Street
Virginia Beach, VA 23451
Big Girl Fashions Inc. 1991-92 Audit 264.74 264.74
T/A Marcia Big Girl Fashions
4772 Stone Drive
Tucker, GA 30084
Certified as to Payment:
ommissioner of the Revenue
Approved as to form-
Lesl'IE
City
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 927-02 were approved by the Council
of the City of Virginia Beach oti the 1 day of December 92
19
Ruth Hodges Smith
City Clerk
FORM NO. C.@ 8 RE@.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BF:ACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty lnt. Total
Black, Sandra K. 1991 Audit 3c.00 36.00
T/A Eclectic Tnteriors
4400 Wishart Road
Virginia Beach, VA 23455
cheng, Yee Clii & Ying Cha Cheng
T/A Jing iiang Restaurant 1991-92 Audit 129.44 129.44
1861 Gettysburg Road
Virginia Beach, VA 23464
Commonwealth Rehab Inc. 1990-91 Audit 460.88 460.88
520 S. Independence Blvd.
Virginia Beach, VA 23452
Certified as to Payment:
e Revenue
Approved as to form:
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling 626-32 were approved by the Council
of the City of Virginia Beach on the I day of December 92
19
Ruth Hodges Smith
City Clerk
FORM NO. C.A 0 FIEV 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Dunhill Resume & Research Ltd.
T/A Marshe & Assoc./TRC Tempory Serv.
5041 Corporate Woods Drive 1988-91 Audit 199.49 199.49
Virginia Beach, VA 23462
F & W Construction Co. Inc. 1991 Audit 557.07 557.07
1204 Brassie Court
Chesapeake, VA 23320
Gallagher, Diana L., President
Industrial Consultants Inc. 1989-91 Audit 247.23 247.23
1336 Lake James Drive
Virginia Beach, VA 23464
Certified as to Payment:
P.Vaugh
C c ssioner Revenue
Approved as to form
L;@lie @L. Lilley
City Attorney
This ordinance shall be effective irom date of
adoption.
The above abatement(s) totaling 1,003-79 were approved by the Council
of the City of Virginia Beach on the I day of December '19 92
Ruth Hodges Smith
Cily Clerk
FOR. NO. C.' 8 REV,
AN ORDINANCE AUTHORIZING LICENSE RR:FUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty Int. Total
Holland, Stephen B. 1990-91 Audit 122.52 122.52
T/A Rose liall Florist
433 Lee Highlands Blvd.
Virginia Beach, VA 23452
Holland, W. Michael 1991 Audit 952.72 952.72
T/A Chinese Corner Exxon
498 Century court
Virginia Beach, VA 23462
Holly Development Co. Inc. 1990 Audit 3,476.09 3,476.09
Attn: Teresa B. Brown
2712 Southern Blvd. #100
Virginia Beach, VA 23452
Certified as to Payment:
obert P. Vaughan,
Commissioner of the Revenue
Approved as to form
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling were approved by the Council
of the City of Virginia Beach on the I day of December 92
Ruth Hodges Smith
City Clerk
FOfIM NO, C.k 8 REV. M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Image Inc. 1991 Audit 107.83 107.83
T/A Image Inc. (iindo Furs)
P. 0. Box 9160
Lyndhurst, NJ 07071
Jarrad, J. Kenneth, Jr. 1988-89 Audit 83.06 83.06
T/A Asphalt Consultants
2219 Maple Street
Virginia Beach, VA 23451
Mattressworks Inc./R. Ambrose
T/A Mattressworks Inc. 1991 Audit 140.00 140.00
5402 Virginia Tech Court
Virginia Beach, VA 23455
Certified as to Payment:
c evenue
Approved as to form:
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling 110-89 were approved by the Council
of the City of Virginia Beach on the 1- day of December 19 92
Ruth Hodges Smith
City Clerk
FOFIM NO. C@A. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
McCuen, Douglas R. 1990-91 Audit 276.84 276.84
T/A Pungo Texaco
3509 Coral Key West
Virginia Beach, VA 23452
Taylor, Patricia K. 1992 10/7/92 30.00 30.00
T/A Pats Artistic Nails & Wearing
1620 High Plains Drive
Virginia Beach, VA 23464
Certified as to Payment:
Approved as to form:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling .84 were approved by the Council
of the City of Virginia Beach on the 1 day of December 19 92
Ruth Hodges Smith
City Clerk
- 24 -
Item III-.L6.
CONSEA7 AGENDA
ITEM # 36286
Upon motion by Vice Mayor Sessoins, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $1,378.63 upon
application of certain persons and upon certification of the City
Treasurer.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Robert W. Clyburn
December 1, 1992
O@M NO. C... 7 11/ 121 92 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY TME COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type T icket Exonera- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Richard C & Sandra Burlage 92 RE(2/2) 157 23- 3 9/8/92 82 . 77
Sandra FTabaclinick 92 RE(1/2) 112867-4 11/25/91 77.88
Sandra FTabachnick 92 RE(2/2) 112867-4 5/29/92 77.88
Sandra FTabachnick 91 RE(1/2) 112355-4 12/5/90 71.07
Sandra FTabachnick 91 RE(2/2) 112355-4 6/5/91 71.07
Sandra FTabachnick 90 RE(1/2) 111119-4 11/21/89 68.48
Sandra FTabachnick 90 RE(2/2) 111119-4 6/5/90 68.48
Karen H Higgins 92 pp 93739-1 8/20/92 10.00
Paging Network of Washington 92 PS-TP 12 6/5/92 9.00
Executive Services Paging Co 92 PS-TP 7 6/3/92 820.00
Jeffrey Vinson 92 Dog 20934 10/14/92 7.00
Ronald M De]Duca N/A Pkng 344544 10/21/92 15.00
Total 1,378.63
This ordinance shall be effective from date of adoption.
Th@@")T,qatement(s) totaling
ere approved by
the Council of ttw City of V@gni.%
er
Beach on the-- day of
Approved as to form:
Ruth Hodges Smith
City Clerk
L L@l Y, y
25 -
APPOINTMENTS
ITEM # 36287
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED.-
COMMUNITY POLICY AND AFANAGEMENT TEAM
(CSA At Risk Youth & Families)
Delores Bartel
Special Education Services - Virginia Beach
2-year term
January 1, 1993 thru December 31, 1994
Katherine Channel
Parent
Bernadette Colander
Parent
Sue Davis
Assistant Vice President - Nations Bank
Mary L. Edmondson
Parent
John M. Grandfield
Parent
Diane Leffler
Adoptive Parent
Dorothy Nance
Gran¬her - Parent
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and rice Mayor William D.
Sessolm, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
December 1, 1992
- 26 -
e- I -K
APPOINTMEATTS
ITEM # 36288
Upon NOMINATION by Vice Mayor Sessona, City Council REAPPOINTED:
BOARD OF BUILDING CODE APPEALS
Building Maintenance Division
Ruth W. Bell
Jimmie A. Koch
Henry B. McDonald
Vincent R Olivieri
Daniel H. Templeton
Electrical Division
Edward k Orenduff (Virginia Power)
Archie R. Sinith (Master Electrician)
Robert H. Smith, Jr. (Master Electrician)
Richard Yhomas (Master Electrician)
James S. Witcher (Master Electrician)
New Construction Division
William M. Davenport (Surveyor Land Planner)
Darrel J. Hughes (State Registeredl
License General Contractor)
Sterling S. Montgomery (Building Supply Business)
Donald P, Trueblood (State Registered Professional
Engineer in Design)
Plumbing & Mechanical Division
Richard S. Corner (LicensedIRegistered
Architect)
William L. Hendricks (LicensedIRegistered
Master Mechanical Worker)
Donald D. Jones, Jr. (LicensedIRegistered
Master Plumber)
Peter C Striffler (licensedIRegistered
F,ngineer)
James D. Wells (LicensedIRegistered
Building Contractor)
2-year term
January 1, 1993 thru December 31, 1994
December 1, 1992
- 27 -
mi -
APPOINTMENTS
ITEM # 36288 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, LinwOOd 0. Branck III, James W Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
SCSSOMS, Jr.
Council Members Voting Nay:
None
Council Members Absent.
Robert W Clyburn
December 1, 1992
- 28 -
e- III- 3
APPOINTMENTS
ITEM # 36289
Upon NOMINATION by Trice Mayor Sessonts, Czty Council REAPPOINTED.
SOUTHFASTERIV PUBLIC SER117CE AUTHORITY
7'he Honorable Meyera E. Oberndorf
Mayor
James K Spore
City Manager
(Alternate)
4-year term
111193 thru 12131196
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W. Brazier, Jr, Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and ;rice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.,
Robert W. Clyburn
December 1, 1992
- 29 -
e- III- 4
APPOINTMEA'TS
ITEM # 36290
Upon NOMINATION by ;rice Mayor Sessonts, City Council REAPPOINTED:
VOLUNTEER COUNCIL
Mary C Russo
3-year term
111193 thru 12131195
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert
K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and rice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn
December 1, 1992
- 30 -
em II -K
APPOINTMENTS
ITEM # 36291
Upon NOMINATION by Vice MaYor Sesso?m, City Council POIATED:
PENDLETON PROJECT AL4NAGEMENT BOARD
Robeif B. Beasley, Jr
3-year term
111193 thru 12131195
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W Brazier, Jr., Robert
K Dean, Louis R Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera R Oberndo?f Nancy K Parker and Vice Mayor William D.
Sesso?=, Jr.
Council Members Voting Nay:
None
Council Members Absent,-
Robert W. Clyburn
December 1, 1992
- 31 -
e- III-L.1
STATUS REPORT
ON REAPPORTIONMENT ITEM # 36292
7he CitY Attorney distributed the Prefiminary Draft Schedule and Proposed Work Plan for Review and
AnalYsis of Electoral SYstem, revised November 23, 1992.
August 3, 1992 Presentation to Council.- plus 60 days to
acquire technical ability for electronic
-pping.
October 6-13, 1992 Mapping sqftware received; staff
training in use of mapping
program begins.
October 23, 1992- Prepare analysis of 7-4 Plan; voting
January 19, 1993 trends; demographics makeup;
pros and cons; hire and involve
demographer; identify baseline
for plan comparison; prepare
report to CounciL
January 19 - Identify baseline for analysis for
February 19, 1993 proposed plans for alternate
electoral system. Prepare report
to Council on baseline for
analysis of plans which may be
prop-ed, -iting forth required
Justice Departinent criteria.
February 19 - Advertise public hearingslforums;
March 19, 1993 identify interest groups and
leaders; provide computer
nwpping areasfor interest groups
and Councibnembers.
March 19 - Continue computer access to interest
April 15, 1993 groups and Councibnembers,-
analyze specific proposed plans.
Aptil 15 - Hold three public hearingslforums in
May 1, 1993 varied locations to receive
comments on current alternate
electoral plans.
May I - June 1, 1993 Identify a preferred plan and
hold public hearing on preferred
plan; direct any necessary
modifications.
July I - Dependent upon Counci4 adopt a
August 15, 1993 proposed charter change and
schedule a voter referenduin.
Nove,mber 1993 November voter referendum
March 1994 General Assembly approval;
submit plan for Departinent of
Justice approval
July 1994 Department of Justice
preclearance approval
December 1, 1992
- 32 -
e-I - . .
UNFINISHED BUSINESS ITEM # 36293
Councilman Moss expressed concern relative the 1993 Legislative Package.
Robert Mauhias, Assistant to the City Manager, advised an inforinal opinion has been received fi-om
Senator Holland relative Senate Bill 251. Resolutions pertaining to this bill and the entire Legislative
Package will be SCHEDULED for the City Council Session of December 8, 1992.
December 1, 1992
- 33 -
Item III-L.2.
UNFINISHED BUSINESS ITEM # 36294
Councilman Baum referenced the extensive building in Chesapeake and requested Robert Scott, Director
of Planning, advise the number of residences having septic tanks and private wefls as compared to the
City of Pirginia Beach.
December 1, 1992
- 34 -
item iii-Ml.
NEW BUSINESS ITEM # 36295
Councilman Lanteigne distlibuted to City Council:
Resolution inviting parties interested in the establishment of a
racetrack for horse racing in the City of Virignia Beach to
contact the City Manager.
77iis Resolution wiU be SCHEDULED for the City Council Session of December 8, 1992.
December 1, 1992
- 35 -
It m III-N.I.
ADJOURNMENT ITEM # 36296
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 4.-00 P.M.
----------
B,,erly 0. o.
Chief Deputy City Clerk
-------- ------------------------
Rulth Hodges Smith, CMCIAIE Meyera E. Oberndorf
City Clerk Mayor
CitY of Virginia Beach
frirginia
December 1, 1992