JANUARY 25, 1994 MINUTES
it 1- i iz I
"WORLD'S LARGEST RESORT CITY"
(]I'I'Y (:OUNCIL
-Al, P@,@-@ l@,, -.,l
CITY COUNCIL AGENDA
JANUARY 25, 1994
CITY MANAGER'S BRIEFINGS - Council Chamber - 3:30 PM
A. COMPLIANCE WITH CHESAPEAKE BAY PRESERVATION COMPREHENSIVE PLAN
Robert J. Sooft, Director of Planning
B. RESORT BEACH AND BEACH AREA PARKING PLAN
Robert J. Sooft, Director of Planning
Ii. INFORMAL SESSION - Council Chamber - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
Ill. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdor-f
B. INVOCATION: Reverend Larry E. Lenow
Courthouse Community United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERIIFICATION OF EXECUTIVE SESSION
F. MINUTES
I . INFORMAL & FORMAL SESSIONS - January 11, 1994
G. MAYOR'S PRESENTATION:
PROCLAMATION - TIDEWATER COMMUNITY COLLEGE -- 25TH Anniversary
Dr. Larry Whitworth, President, T-idewater Community College
Dr. Mike LaBouve, Provost, Virginia Beach Campus
Mr. Bill Candier, Director of Communications, District Office
H. PUBUC HEARINGS
1. SOUTHERN RURAL PRESERVATION AREA
2. REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
a. The Council of United Filipino Organizations of Tidewater, Inc.
1. RESOLUTIONS/ORDINANCES
1 Resolution to support legislation at the 1994 General Assembly Session to designate real
and personal property owned by The Council of Unftod Filipino Organl=tlons of
Tidewater, Inc. as being EXEMPT from State and Local Real and Personal Property
Taxation.
2. Resolution to dirw the Planning Commission study and give its recommendation to the
City Council re the Comprehensive Plan Amendmsnts proposed for oonsistency with
the Chesapeake Say Preservation Act and supporting regulations.
3. Resolution to direct the Planning Commission and Resort Area Advisory Commission
review and retum their recommendations to the City Council re the Oceanfront Resort
Area Concept Plan.
4. Ordinance to AMEND and REORDAIN Article VI of Chapter 2 of the Code of the City of
Virginia Beach, Virginia, byAMENDING Sections 2-195, 2-196, 2-197, 2-198 and 2-199
re the Capital Improvement Program Budget.
5. Ordinance to AMEND and REORDAIN Sections 21-440.3, 21-440.4, 21-440.5, 21-440.9
and 21-440.10 of the Code of the City of Virginia Beach, Virginia re Residential Parking
Pormlts.
6. Ordinance to ACCEPT and APPROPRIATE a $1,991,415 Federal Community Policing
Grant, over a three-(3) year period, establishing 28 new Police Officers; APPROPRIATE
a twenty-five (25) percent match of City funds in the FY 1994-1996 Operating Budget;
and, TRANSFER $280,000 from within the FY 1993-1994 Police Department operating
Budget to purchase vehicles related to these positions.
7. Ordinance to authorize the City Manager TRANSFER the Residual Ba@ of the
Eoonomic Development Investment Program (EDIP) to the City of Virginia Beach
Development Authority and direct future appropriations for EDIP purposes be provided in
lump sum to the Authority.
8. Ordinance to TRANSFER $331,060 from Projects #2-211 Secondary Street
Improvements and #2-816 Traffic SafetY Improvements to Project #2-212 Laskin and
Holly Road Intersection Improvements re additional site acquisition and improvement
costs.
J. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary oourse of business
by City Council and will be enacted by one motion in the fbrm listed. If an item is rernoved from
the Consent Agenda, it will be discussed and voted upon separately.
1 . Resolution to authorize and direct the City Manager to execute a Sewer Cost
Participatlon Agreemnt in the amount of $23,107 wfth the City of Virginia Beach School
Board for the construction of sewer facilities in the Corporate Landing Subdivision
(PRINCESS ANNE BOROUGH).
2. Ordinance to AMEND and REORDAIN Section 2-226 of the Code of the City of Virginia
Beach, Virginia, re City Depositories for the City Treasurer.
3. Ordinance to AMEND and REORDAIN Sections 21-364, 21-371 and 21-405 of the Code
of the City of Virginia Beach, Virginia re Parking Violations.
4. Ordinance to APPROPRIATE $1,223 from the Parks and Recreation Gift Fund in accord
with contributions made to the Department and increase revenue from donations
accordingly.
5. Ordinance to ACCEPT and APPROPRIATE $10,000 in Federal Funding to the
Department of Mental Health, Mental Retardation and Substance Abuse to enhanoe
Project Unk re services for substance abusing women and their children; and, $1,500 in
State Funding to enhance the Virginia Department of Motor Vehides Protect Our Kids in
Traffic (POVJI) program re head injuries and handicapping conditions and increase
Federal and State revenues accordingly.
6. Ordinance to ACCEPT and APPROPRIATE $1,500 from a Commonwealth of Virginia
Department of Motor Vehicle Grant re purchase of a portable laser printer to enhance
the inspection of motor carriers hithin the City for the Police Department and increase
revenues accordingly.
7. Ordinance to APPROPRIATE $54,786 in State Intensified Drug Assistance Program Grant
Funds from the City of Norfolk re acquisition of local area network components and
workstations for the Comprehensive Regional Information Management and Exchange
System (CRIMES) and increase revenues accordingly.
8. Ordinance to authorize acquisition of property in fee simple for installation of a permanent
pump station and ouffall fbr Chesapeake Beach Drainage Phase I (CIP #2-817) and the
acquisition of temporary and permanent easements (BAYSIDE BOROUGH).
9. Ordinances appointing viewers in the petitions of the Georgia-Pacific Corporation for
the closure of porbons of streets in the KEMPSVILLE BOROUGH:
a. Mac Street
b. Price Street
10. Request of Home Associates of Virginia, Inc. to accept an open space reservatic>n waiver
payment of $4,000 to be applied to improvements to an existing park in the Foxon Road
Subdivision.
11. Ordinance to authorize tax refunds in the amount of $1,582.31.
12. Ordinance to authorize license refunds in the amount of $6,598.86.
K. PUSUC HEARING
1. PLANNING
a. RECONSIDERATION OF CONDITIONS of the Application of PAUL N. SUTTON,
INC., T/A PAUL'S AUTO SERVICE for a Condkional Use for at 128
Happy Street (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
b. Application of HENRY E. AND MICHELE SPRAY UNDEMAN for an onlarg@t
of a nonconforming use (single family home) at 405 Fountain Drive
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
C. Application of MELBA LOUISE PHILUPS for an onlwg Of a
nonconforming use to construct a 956.68 square foot addition to the rear of an
existing mobile home at 3456 Muddy Creek Road (PUNGO BOROUGH).
Recommendation: APPROVAL
d. Application of AVALON HILLS BAPTIST CHURCH, David Rioks, for a
Conditional Use Permft for a church on the Northeast side of Indian River Road,
182.03 feet Northwest of Strickland Boulevard (5728 Indian River Road),
oontaining 1.2206 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
e. Application of EXXON CORPORATION for a Condit*onal Use Permk for an
automobile servige station at the Northwest corner of Virginia Beach Boulevard
and Thalia Road (4300 Virginia Beach Boulevard), containing 30,483 square feet
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
f. Application of J. D. BAREFOOT, JR. and KENNETH D. BAREFOOT for a
Conditional Use Permit for a recreational faciloty (drevina ranoo and haure miniature
goff oourse) at the Northeast comer of Centerville Tumpike and Lynnhaven
Parkway (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
9. Application of VALLIAM MARK BOYETTE for a Condftional Use Pormft fc)r a
single- on the South side of Old Carolina Road, one (1) mile West
of Blackwater Road (3341 Old Carolina Road), oontaining 7.4 acres
(BLACKWATER BOROUGH).
Recommendation: APPROVAL
h. Application of HAROLD DEAN FLORA, SR. and MARY ELLEN FLORA for a
Conditognal Chan from AG-2 Agricuftural District
to B-2 Community Buseness District on the Northwest side of General Booth
Boulevard, Southwest of Culver Lane (1941 General Booth Boulevard), containing
21,600 square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
i. Applications of BAYMARK CONSTRUCTION CORPORATION for Condk"l
QM at 2812 Hol@ Road (PRINCESS ANNE
BOROUGH):
(1) From AG-1 Agrocultural Dis@ to - 600 feet East
of Holland Road, South of Winterberry Lane, containing 38.45 acres.
(2) From AG-2 Aaricuftural DistrirA to - 0 , on the East
side of Holland Road, South of Winterberry Lane, oontaining 4.82 acres.
Deferred: October 26, 1993
Recommendation: APPROVE BOTH APPUCATIONS
Ordinances to AMEND and REORDAIN Section 201 of the City Zoning
Ordinance:
(1) Dimensional requirements
(2) Setback requirements for chimneys
Recommendation: APPROVE BOTH APPUCATIONS
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1 . COUNCIL-SPONSORED ITEMS:
a. Resolution referring to the Planning Commission an AMENDMENT to the City
Zoning Ordinance re Aircraft Noise Attenuation Features In 13ulidings and
Structures affected by flight operations at NAS Oceana.
(Sponsored by Mayor Meyera E. Obemdorf and Councliman James W. Brazier)
b. Resolution to request the General Assembty ADOPT legislation to allow d*
establishment of a Volunteer Prosecutor program in the Commonweafth
Attorney's Office. (Sponsored by Councilman W. D. Sessoms, Jr.)
C. Ordinance to AMEND and REORDAIN Chapter 2, Article 1 of #% Code of the Cfty
of the City of Virginia Beach, Virginia, by ADDING a new Section 2-3.1 re
attendance records for Boards and Commissions.
(Sponsored by Councilman James W. Brazier, Jr.)
d. Resolution to request the Southeastern Public Service Authority (SPSA)
evaluate options re a Material Recovery Facility.
(Sponsored by Councilman Robert K. Dean)
N. ADJOURNMENT
It you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing Impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Dea@
1/20/94mim/bap
AGENDA\l -25-94.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 25, 1994
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the P7RGINL4
BF,4CH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 25, 1994,
at 3:30 P.M.
Council Members Present:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R Jones, Mayor Meyera E. Oberndorf
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Paul J. Lanteigne [EAFTERED F-XECUTIVF, SF,5,SION.- 4:35 P.M.]
John D. Moss [OUT OF TOWN ON NAVY B USINESS7
Vice Mayor Sessonu, being a Corporate Officer of Central Fidelity Bank, disclosed there were no nwtters
on the agenda in which he has a '@ersonal interest" as defined in the Act either individually or in his
capacity as an officer of Central Fidelity Bank. 77te Vice Mayor regularly files this Dis-closure with the
City Clerk as he may or may not know of the Bank's interest in any application that may come before City
CounciL rice Mayor Sessoms' letter of January 25, 1994, is hereby made a part of the record.
WILLIAM D SESSO.S, JR
lic, m@,o@ 8M GREE@@HIF -Cl
@GIN", BEAC, VIRGINI@ 2315,
(80- @55 113,"
January 25, 1994
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of interests Act
Dear Mrs. Smith:
In accordance with my letter to you dated August 10, 1993, 1 ha've thoroughly
reviewed the agenda for the January 25, 1994, meeting of CitY Council for Ihe purpose of
identifying -y matters in which I niight have an actual or potential conflict under the
Virginia Conflict of interests Act. Based on that review, please be advised that, to the best
of my knowledge, diere are no -atters on the agenda in which I have a "personal interest,"
as defmed in the Act, either individually or in rny capacity as an officer of Central Fidebty
Bank. Accordingly, I respectfully request that you record this letter in the official records
of the Council.
Thank you for your assistance and cooperation in this matter.
Very truly yours,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./dmc
- 2 -
CITY MANAGER'S BRIEFING
COMPLL4NCE WITH CHESAPEAKE BAY PRESERVATION COMPREHENSIVE PL4N
3:30 P.M.
ITEM # 37612
Robert J. Scott, Director of Planning, advised the State requirements relating to mapping, performance
criteria, and zoning ordinance revisions have been accomplished by the City's adoption of the Chesapeake
Bay Preservation Area Orifinance (AppendLx F of the Zoning Ordinance). Staff has iieveloped draft
Comprehensive Plan amendments in order to meet the requirements of the Act relating to Coinprehensive
Plan Elements. The draft amen&nentY include language that addresses comments provided by Chesapeake
Bay Local Assistant Department (CBLAD) staff. 7he Staff is recommending that the DRAFT be referred
to the Planning Commission for review. (See Item III-I.3 RESOL UTIONSIOPDINANCES' of the Formal
Agenda).
January 25, 1994
- 3 -
CITY MANAGER'S BRIEFING
RESORT BF,4CH AND BF,4CH AREA PARKFNG PL4N
3:38 P.M.
ITEM # 37613
Robert J. Scou, Director of Planning, advised the proposed efforts for the ]"re of the Resort Area:
Increased year-round emphasis on activides
Increased &versity of activity
Increased commercial activity
Increased access to the area for City residents
Increased pedestrian movement
Increased freedom from the automobile
Continued emphasis on aesthetics, revitahzadon, family orientation and
quafity-
7he entire Resort Area Plan revolves around four basic concepts:
7he Resorl Area must be changed fiom a collection of individual
businesses to a unified entity. A parking and circuladon system must be
devised aimed at serving this unit, not its parts.
7he City must increase economic development opportunities by
identifying and aggressively marking or developing key ares, particularly
the following four:
7he Pavuion Area: Plans to expand existing convention
facilities and to add a Beach Services Center and possibly a
'flagship" hotel should be coordinated for maximum aes4hetic
and operating benefit, and to encourage private investment on
surrounding tracts.
77ie Dome Site: 7his site and surrounding public property are
large enough and centrally located to provide a prime
development opportunity and an eastern anchor for the
Paviiionl]9th Street Corridor
77ie Rudee Loop: If this area can come under consolidated
ownership, this site, which is now largely underutilize4 can
constitute a spectacular high-quality development opportunity
due to its prime location at the mouth of the Rudee Inlet,-
7he 30th Street property: 7his tract represents the largest
undeveloped piece in the Resort Area and 4he opportunity to
provide an environmentally sound stimulus to the upgrading of
the Laskin Road area.
A @tive funcdon and appearance at each of the three @or gateways
into the area much be developed.- (a) LaAin Road (b) 5th StreetIRudee
BridgelWinston-Salem Avenue (c) Pavdion.
7he City must continue to elevate generally the level of amenity both in
and around the area, and to diversify it as greatly as possible. 7his
includes extending the highly successful streetscape improvements along
Atlantic Avenue to Pacific Avenue and other areas,- iinproving the
BoardwaLk,- opening and iinproving vistas to 4he ocean; connecting the
kikes and other physical amenities with an extensive bu"ay and
pedestrian system; emphasizing aesthetics in the design of roads leading
int4o the area; and taking greater advantage of water vistas in the Rudee
InletlWinston-Salem Avenue area.
Jani4zry 25, 1994
- 4 -
CITY MANAGER'S BRIEFING
RESORT BF,4CH AND BF,4CH AREA PARKING PL,4N
ITEM # 37613 (Continued)
Me most @rtant factor in this p@ is the pa@ and circu&don aspect. A scheme.for parking needs
to be devised that is not just physically but also financially appropriate. A stream of rei@enue needs to be
produced sufficient for the task. Making this task challenging is the fact of a fairly substantial residential
cotnmunity presently existing in this area.
Ihe City Staff is recommending the Planning Commission and the Resort Area Adviyory Commission
review the Concept Plan and forward their findings and recommendations to the City Councit (See Item
III-I.3 RESOLUTIONSIORDINANCES of the Formal Agenda.)
Mayor Oberndorf requested the Planning Staff and Commissz'on examine the entrance 2t Newtown and
Princess Anne Road.
Any mass transit would have to accommodate the Ameticans with DisabiUlies Act
Henry Ruiz, Director - Parking Systems Managetnent Office, advised relative the bike trail in the North
portion of Pacific Avenue, 4he Parking Offlce has been working with the Planning Deparonent and Traffic
Engineering to reroute that trail and make it more effective. 7he trail at Pacific and 38th Street is moving
across to Atlantic Avenue for one block and same will be networked into the boardwalk system. Yhe U"
trail will also be connected at that point to Sea Pines Road going into the community and out towards
Lavkin Road. 7his has resulted in a safer route and reclaimed thirty (30) parking spaces dormant because
of 4he utilization of the bike trail 77ie goal has been to reclaim on-street parking as a result of the
streetscape progra@ which has been averaging a loss of approximately 80 parking spaces a year.
Janmzry 25, 1994
- 5 -
CONCERNS OF THE MAYOR
ITEM # 37614
Mayor Oberndorf referenced the request of SEVAMP relative senior citizens in nursing homes. 7hese
citizens have telephones by their beds, which are charged to the respective senior citizen. SEVAMP has
requested these citizens not be charged the E-911 fee as nurses respond immediately to the citizen and
not 911.
ITEM # 37615
Mayor Obemdorf referenced an announcement by Forward Hampton Roads on Tuesday, January 25,
1994, at 11:00 A.M. at the Virginia Port Authority. "Inc. " Magazine has chosen Hampton Roads as the
site of its 1995 national conference. Governor Allen was in attendance. 77tis conference will bring 700
major business interests to @ region. All regional mayors were invited in an effort to illustrate regional
cooperation in attracting major conventions and showcasing this particular are.2 for economic
development. "Inc." Magazine caters to small businesses. All cities will be involved in this four-day
meeting. Yhis will be an extraordinary opportunity
ITEM # 37616
Mayor Oberndo?f advised January 19-21, 1994, she was given the opportunity by GE Capital and
Forbes Magazine to attend a conference in New York City entitled: "Rebuilding America". 7his
conference related to infrastructure. 7he Mayor served on a roundtable of large city Mayors. Virg@
Beach is truly ahead of its time. In discussions with the media, they are still not aware gf Virginia Beach
being a 365-day City. Most people still believe the City is a sleepy liule town next to th,? Atlantic Ocean.
ITEM # 37617
Mayor Oberndorf referenced the newspaper article relative the CIP request of $321-MILLJON by the
Schools to upgrade existing schools and making others technological correct. A Briefing will be provided
by Dr. Faucette and the School Board relative this request.
January 25, 1994
- 6 -
ITEM # 37618
Mayor Meyera E. Oberndorf called to order the INFORATAL SESSION of the VIRGIM,4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 25, 1994, at 4.-32 PM.
Council Members Present:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Roberr
K DeiM Louis R Jones, Mayor Meyera E. Oberndorf, Nancy K Parkei-
and Vice Mayor William D. Sessoms, Jr
Council Members Absent.-
Robert W Clyburn, Paul J. Lanteigne and John D. Moss,
January 25, 1994
- 7 -
ITEM # 37619
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its, EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the followi@g purpose:
PERSONNEL AL47TERS: Discussion or consideration of or interviews
of prospective candidates for employmen4 assignmena appointment,
promotion, performance, demotior4 salaries, disciplining, or resignation
of speciflc public offlcers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To-Wit: Appointments - Boards and Commissions:
Airport Authority
ASAP Policy Board
Human Mghts Commission
PROSPECTIVE BUSINE&S OR INDUSTRY Discussion concerning a
prospective business or industry where no previous announcement has
been made of the business' or industry's interest in locating in the
community pursuant to Section 2.1-344(A) (5)
LEGAL - Consultation with legal counsel or brieflngs by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other speciflc legal mauers requesting the provisions of
legal advice by counsel pursuant to Section 2.1 -344(A) (7).
To-Wit: Economic Development Incentive Program
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Branck City Council V'oted to proceed
into EXECUTIVE SESSION.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr., Robert K
Dear4 Louis R. Jones, 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, Paul J. Lanteigne and John D. Moss,
J"anuary 25, 1994
- 8 -
FORMAL SESION
VIRGINL4 BF14CH CITY COUNCIL
January 25, 1994
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BF,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 25, 1994, at 6:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branc,% III, James W Brazier, Jr., Robert W.
Clybur?b Robert K Dean, Louis R. Jones, Paul J. lanteigne, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessotm, Jr.
Council Members Absent:
John D. Moss [OUT OF TOW7V ON BUSINESS7
INVOC,4TION.- Reverend Larry E. Lenow
Courthouse Community United Methodist Church
January 25, 1994
9
Item III-E.I.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 37620
Upon motion by Vice Mayor Sessoms, seconded by CounciL-nan Clybur@ City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business mauers lawfully exempted from Open Meeting
require,ments by rzrginia 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; III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dea?L Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D,
Sessom, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CffY COUNCIL
WHEREAS: Tbe Virginia Beach City Council convencd into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 37619, Page No. 7, and in accordance with
the provisions of 'fbe Virginia Freedom of Infomation Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
goveming body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Bcach City Council
hereby certifies that, to thc best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting req,uirements by Virginia law were discussed in Exccutive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convcning this Executive Scssion were heard, discussed or
considered by Virginia Beach City Council.
h Hodges Sith, CMCI@
City Cicrk January 25, 1994
- 10 -
ite,m III-EL.
MINUTES ITEM # 37621
Upon motion by Vice Mayor Sessona, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of January 11, 1993.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, James W. Brazier, Jr., Robert W
Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
Jiinuary 25, 1994
PRESENTATION ITEM # 37622
ADD-ON
Michael J. BarreU, Chairman - Hampton Roads Chamber of Commerce and William A. Schlimgen,
Chairman - Virginia Beach Div@n of the Hampton Roads Chamber of Commerce PRESENTED the
Mayor and the Council of the City of Virginia Beach a fine art print commissioned by fhe Chamber in
honor of its tenth anniversary.
77iis print is a limited edition entitled: ,Hampton Roads on a Rising Tide". 7his print focuses on the
harbor as the most bwrtant asset strategic in Hampton Roads and the five cities surrounding the harbor.
77te Twenty-Fourth Street Park depicts Council's vision in adopting the strategic plan and revitalizing
the Resort Area.
January 25, 1994
12 -
MAYOR'S PRESENTATION ITEM # 37623
Mayor Oberndorf PROCLAIMED:
1 9 9 4
THE
T W E N T Y - F I F T H A N I VE R S A R Y
0 F
TIDEWATER COMUNITY COLEGE
7he PROCLAMATION was ACCEPTED by Dr. Mike LaBouve, Porvost - Virginia Bt!ach Campus and
Dr. Joseph Buchanan - Dean - Virginia Beach Campus. Tidewater Community is the second largest
community college in Virginia and is the largest undergraduate institution of higher lear-ning in Hampton
Roads. 7he City urges all citizens to observe this celebration and recognize the @rtant contribution
this college has made to our City, enabling our citizens to further their education.
January 25, 1994
7ust twentg-five gears agi3, tidewater Canmunitg Cnllege began with
one liacation knawn as the Frederick Campus;
tGda!3, Eidewater CL]imunitl3 Coligge offers over five-hundred
caurses in more than j3ne-hunbred begree and certificate prtigrams,
with znurses cefered at aver thirtg different locatinns throughaut
Hamptnn Roads, including the Chesapeake, Portsmouth, ani) Virginia
Beach campuses, and the Norfolk Center;
Eidewater Cnmmunitg College is the seciind largest ramunit@
C]311gge in I)irginia anb is the largest undergraduate institutinn
af higher learning in Hamptan Ruabs; and,
Cidewater Camunitg College offers a camprehensive jurngram of
credit anb nun-cre6it courses designeb to meet the educat!innal anh
training needs of area, business, communitb, anb gvvernmental
institutions.
NOD, ORE, 1, Megera E. Obernburf, ma@ar of the Citg of I)irginia Beach,
Virginia, du herebg PRocf;Am:
1 9 9 4
c It E
t I E N 9 F X F t R A N N I 0 E 9 2 jk R
0 F
t I D E 10 A t E R C 0 a a a N I t C 0 L; C E g E
in the Cit8 of I)irginia Beach and urge all citizens ta ]3bs@ervg this
celebratinn and recognize the impiartant cantributilin this college has made
ta aur CitB, enabling our citizens to further their education.
IN Ku"$ , I have hereuntxi set mg hanb anb caused the Official Seal
of the Citg of Virginia Beach, Virginia, to be affixed this twentg-fifth da@
af Januarg, Nineteen Hundreb and Kinetg-Four.
M !a-r- Ob@r@dorf
Magar
- 13 -
Ite- III-H. 1.
PUBLIC NG ITEM # 37624
@ayor ob-dorf DECL.4RED A PUBLJC HEApjNG:
SOUTHERN RUP-4L PRESEAVATION pL4N
7he following registered to spek ,pressig arios cocerns:
JOhl, 0. Pa-ele, 1316 Yawl poi,,t, Phone: 481-1259
Ter,y El"Ott, 3888 DawleY ROad, Phone: 721-0291
Maly Heinricht, 50.76 M,,sby Road, Ph.e: 460-0750, represented Defining a I'zsi- fo,, the Southern
Watershed (foc- group)' Mrs- Henricht @ statement @ hereby made apart of the record.
L- Fe@lo., 2224 S,.Ilop ROad, PhOnl: 481-2101, represented the Council of C,,,, Organizafions
Donna Widener, 913 Lost ColOn@t Drive, Phone: 426-5341, repreented S4 VE
Mark YatrlfsAy, 217 e- WaY Norfolk Phone: 627- 52, reprelented the Chesapeak,? Bay Gr,,p
of the Sierra Club Qu 04
Pa' Ingm're, 2933 Seaboard Road, Pho,,e: 721-5549
Herb Culpepper, 1753 Indian River Road, Phoe: 426-6111, President - Bck Bay1pungo (,Ivic League
Sue Carlyle, 1425 Alanton Drive, Phone: 481-2538, rep-ented the Audubon Society
Deb Wallace, 5409 Bu-ard Neck Rod, Phon,: 721-0912
DOuglas Munden, 1377 Princess Anne Road, Phone: 426-2747
J- McCauleY, 4005 Sandpiper Road, Ph,,ne: 721-2412, Deputy Refuge Manage, - Back B,,y Natio I
Re ge. a
fu
MatilYn Danner, 2601 West Landing Road, Phone: 426- 7390
J-- Nx'of; 3644 Chanty Neck Road, Phone: 426- 7838
F,ddie Vaughan, 1628 Mill Landing Road, Phone: 426-6452 represented the Pi-rginia Ba,h F"r,
Bureau
Attorney Fdde Bourdom Pe-brOke one, Fifth Floor, Pho e: 499-8971, represented fa owners,
al area @ho - approxi_tely 10, acres oi, land in
land-n- -d residents of the southern rur n r?n
Pungo and Blackwater. 000
FloYd Taylor, 1209 Princess Anne Road
Michele hean, 1873 Malbon Ro
S ad, certi ed rgnic far er
7here being no further speakers, MaYOr Ob-dOrf CLOSED the PUBLIC HEARING.
January ?5, 1994
14 -
PUBLIC HEARING ITEM # 37625
MaYOr Oberndorf DECL4RED A PUBLIC HEAPJNG:
AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTION
7he Council of United Filipino organ@ions of Tidewater, Inc.
7he following registered to speak:
COnrado 'Dick'Dabu, 317 Raleigh Avenue, Norfolk - Phone: 623-6512, represented the Council of
United Filipino Organizatio,,s of Tidewater ic.
Ron Villanueva, 5408 Wallineord Arc& Phone: 424-5515, represented the Filipino Youth Club, and aid
to Delegate Frank Wagner
Nony E. Abraiano, 972 Aspen Drive, Phone: 671-2434
Coring Padilia, 709 Southleaf I)rive
77tere being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
January 25, 1994
- 15 -
Ite4n III-I.I.
RESOLUTIONSIORDINANCES
ITEM # 37626
Upon motion by Vice Mayor Sesso?=, seconded by Councilman Jones, City Council ADi)PTED.-
Resolution to support legislation at the 1994 General Assembly Session
to designate real and personal property owned by 77ie Council of United
Filipino Organizations of 77dewater, Inc. as being EXEMPT from State
and Local Real and Personal Property
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W Brazier, Jr., Robert W.
Clybur?; Robert K Dean, Louis P, Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
1 A RESOLUTION SUPPORTING LEGISLATION WHICH WILL
2 DESIGNATE REAL AND PERSONAL PROPERTY OWNED BY
3 THE COUNCIL OF UNITED FILIPINO ORGANIZATIONS
4 OF TIDEWATER, INC. AS BEING EXEMPT FROM STATE
5 AND LOCAL REAL AND PERSONAL PROPERTY TAXATION
6 WHEREAS, property located in the City of Virginia Beach
7 and owned by the Council of Unit,d Filipino organizations of
8 Tidewater, Inc. is currently subject to ad orem taxat.ion;
9 WHEREAS, the Council of United Filipino organiz.Ettions of
10 Tidewater, Inc. has requested the Council of the City of Virginia
11 Beach to adopt a resolution in support of its request that the
12 General Assembly act in accordance with Article X, S 6(a) (6) of the
13 Constitution of Virginia to designate the real and personal
14 property of the Council of United Filipino organizall@ions of
15 Tidewater, Inc. as being exempt from state and local real and
16 personal property taxation;
17 WHEREAS, the tax assessed value of real estate owned by
18 the Council of United Filipino organizations of Tidewater, Inc. is
19 $554,518.00, the Council of United Filipino Organizations of
20 Tidewater, Inc. owns no taxible personal property, and. if the
21 organization is not tax exetnpt, real estate taxes wou'Ld total
22 $6,321-52 per year.
23 WHEREAS, pursuant to S 30-19.04 of the Code of Virginia,
24 the Council of the City of Virginia Beach has held a public hearing
25 prior to the adoption of this Resolution and has given all citizens
26 an opportunity to be heard;
27 WHEREAS, the provisions of S 30-19.04 of the Code of
28 Virginia have been examined and considered by the Counci]L of the
29 City of Virginia Beach; and
30 WHEREAS, the Council of the City of Virginia Bea,zh is of
31 the opinion that the council of United Filipino organizations of
32 Tidewater, Inc. should be designated as a benevolent corl)oration
33 within the context of S 6 (a) (6) of Article X of the Constitiition of
34 Virginia and that real and personal property located in the city of
3 5 Virginia Beach owned by the Council Of United Filipino
36 Organizations Of Tidewater, Inc. and used by it e,clusively for
37 benevolent purposes on a nonprofit basis should be e:Xept from
38 state and local real and personal property taxation.
39 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL C)F THE CITY
40 OF VIRGINIA BEACH, VIRGINIA:
41 That the Council of the CitY Of Virginia Beacll supports
42 the enactment of legislation involving the designati()n Of the
43 Council Of United Filipino Organizations Of Tidewater Inc. Is a
44 benevolent corporation within the context of S 6(,)(6)'c)f Article
45 X of the Constitution Of Virginia and that real and personal
46 property owned by the Council Of United Filipino Organizations of
47 Tidewater, Inc. which is located within the CitY Of Virginia Beach
48 and used exclusively for benevolent purposes on a nonprofit basis,
49 be declared exempt from state and local real and personal property
50 taxation.
51 AdOpted by the Council of the CitY Of Virginia Beach,
52 Virginia, on the day of Ja
1994.
53 CA-5455
54 ORDIN\NONCODE\FILIP.RES
55 R-2
56 PREPARED: 01/14/94
2
CH FOP,
APPLICATION '1'0 C:IT'Y OF VIRGINIA BEA
TlOt4 FROM P@ONAL ANT) pRoPF-RTY TAXATIO14
C@ty @ger, ftni.c-'pal. Center,
virgi.ia 23456. -Y wh@r' additi@@l spac. i@ leeded to coplet. yo@
'LC
ans.er to a particul@ questio@, plea-0 utilize a separ,,te sh.@t f paper wid att, -h it to rhis
application.
Formal Name of Corporation/Organization: Council of United
Pi I i L2 i
Address: 4859 Baxterr l@oad, Virainizi Beacli, VA 23464
P.O. B.. 62272, V-1191-111 B
Telephone NLLmbe-: 623-6512 (I)ick Dabu, (-.hairperson/(3irec:t ]-in(,)
1. I-$ the Organi-zatiOn chartered or incorporated under the laws
of the Commonwealth of Virginia? Y,,s
2. For whall purnose is t,ie group charte@ed?
itions aRd
To foster, promote, cherish, and preserve the trad
cultiral heritaae of Filipinos in the State of Virginia.
(See attached coL)Y c)f Articles of Incorpoartion)
3. Describe lri deta-.L@l and specify the location of all. real and
personal property for which exemption is sought,
Parcel AA 2.303 AC'S Parcel BB 0.447 AC'
A) Holland B) Holland
Kempsville KE,mpsville
(See attached Virginia Beach Real Estate Assesor apprai-sal)
*Properties known as the Philippine Cultural Center
4. List the present tax a5sessment of each parcel of real
property for which this exemption is sought:
Parcel 1 4 7 6 17 4886 0000 Parcel 1476 18 3166 0000
Description: Description:
Assessed Value: Assessed Value:
Land: $ Land: $ 1 0 7 0 9 0 -
Improvements: $ 4 5 15 2 Improvement5: s 1 0 0 0
Total Assessed Total Assessed
Value: $ value: $@
List the prescnt tax ass,2ssment, by ta,@< bill, oi- -,ers@@nal
property @lor which the exe.7Pt@On is sought.
Total Assessment for [),)tll
Total Acres: 2.750 (see ('ity AF)@)raisal stat inent)
Total Taxes: $6321.50
6. For what purpose J5 the real property currently blai-ng used?
if there are sevcral types Of use for a sing.le parcel,
indicate such usages by areas of the buildings and floor
locations. ultural Cent(-r. 'I'@ie building
The pr,perty is the site of ttie Philir,)pir)(,
and its surrounding property are designe@(i to @)rovi(3e e(iu(@ationil,
ilil)inc) commu,-Ii,ty at
cultural, and charitable servlces for th-' l@
large, as well as tlie general public.
a. DoeS any other individual, assc)ciation or corpora@lion
occupy or use any part of the premises of any property
for which exemption is sought? if yes, give details.
The property is usec3 I)rimarily for the (-'oulicil of united
of Iriciewater Vir(3inia, Inc. The center is open
Filipino organization9 rate nf $20 @,er/hr. 'Flie
to the public for priva@e us(@ at a riomil@,il
,l tllc, i)uilcling full(i-
rental fee is used for operai-ing
b. Is any incomc derived from the use of any portion of
the real property by other individuals or groups,
whether considered as rent (Dr reimbursement for
necessary expenses for services incurred? if yes, give
all details. the c(,ntl@@ i@; Ivailable f@Dr private
As stated above in answer 6a,
by the general pitbli" Eit a nominal t,@,e.
With regard to personal property, state the i@urpose for
7. which the property is being used and whether income is
derived from the u5e of any such property by irldividuals,
groups or otherwi5e. if so, give all details.
None. There is no @)c-,rsonal property. only [,)rop(,rty owne@d by thr!
CUFOT organization j,.-, the pi-opert fc)l- w[iic7h tlie exemption iF; souqht.
2
Is the organ;@zation exempt @-rcm taxation pursLIanti to Section
I I
501(c) of ttle Internal Reienue C@@de O' 1954? Ii: So, attach
(documeritation.
Yes, the organization is excmpt froni t@ixation
under Internal Revetiu(, Code 509(a) (2) incl 501(c)(3). P,Iso, 1-he orginixati,@
is exempt in the Stat(? of VLrginia un(],,i '@,,c@t. @,fl-1.5l.C'3 (c).
Federal Tax Exemptiori 4: 52--123-6,)58
Contact Person Phone number@301) 1)62 4@774
State tax exemption 4: 52-1,@3
9. Has the ABC Board issued a Current annual alcoh@ol beverage
license for the service of alcohol beve-rages for Use on the
property from which tax exemption is here sought?
No
LO.- Is any director or officer of the agency Paid Cc@mpensation
in excess of a reasonab'@e allowance @for salarie,s or other
compensation?
No
Does any part of the earnings, exclusive of sa-laries, of
such organiza'ion inure to the benefit of any ilidividual?
If so, list what portion and to whom fcr each ole the past
three years.
No
12- What portion of the service Provided by such organi'zation is
generated by funds received from donations, contr.ibutions,
or local, state, or federal grants? E)onations shal.1 include
the Providing of Personal servicez or the contri])ution of
any in-kind or other material services.
see attached financial statements col'if,ile(i I)Y (3rc,gor,@ P. marshal],CPA,
101 Mount Pleasant Roac@, Suite 123, VA 23320.
3
1 3 - DOOS the organization pzqvid, er,/@ces tQr the cc@ n 9 cd
of the public? If so, e.-cplai 0 0 1
n in detail including in your
, of
explanation a listing Of the se-@vices Provided, the cos,
the services to the recipient Or-methcd of determ"ng cost of
the services to the recipient, and any other details you
deem pert:incnt.
The organization provides the public t@i@ u@@, c)f th cer)ter at a nominal fe-e
at $20 per/hr.
14. What pa.-t, if any, of the activities cf the orga.riization
involves carrying On prcpaganda, or otherwise attempts to
influence legislati.n?
None.
15. Has the organization ever participated in, contribklted to,
or intervencd in any pqlitical Campaign on behall@ Of a.,Iy
candidate for Public office? 11 the answe-- is yes, please
provide any qualifying informati-Qn ycu deem neQessar@-.
No.
16. State the crganization's rule, regulation, poli@z:y, or
practice concerning discrimination on the basis of religious
conviction, race, color, sex or natural origin.
The organization is a non-partisari, nor-r)rofit organi2:ation which
does not discriminate T)ersons on the b@isi.'3 of religion, ra(7e, color,
sex or natural origin.
(See attached Articles of incorporatlorl)
17. List the name, business address and business telephione of
the president and secretary of the corperation/organization
as well as the managing officer.
Dick Dabu, Cliairniar, losa Bianco, secretary
7 713 Tndependence Blvd. 1)@12 Cay)e lienry i'venue
Virginia Beach, 'JA 23455 rl,)rfc)lk, V@ 23513
(804) 422-0000 (804) 853-667'7
4
IF
@)H Di-H (-IT@T@ TTi IP"17') T@
Z A Tci LLu I Oj, INC.
14Y: N,Rme 1)@k [),tl)tj
Title
T,'a t e 4
c-7TATE OF V.TRGINIA
CT'r-v OF V-IRG-TNIA BEACH, to-w4-t:
'd v"lanueva being duly swrn, dcposes
and says that he/5he is the -@hairpersoii (title) of
the Council of Unit(, [,'ili@)ino Or(iaiii zat ions of I'@,
ownership organi-zation) nained in the wi-thin entitled ap]plication;
that he h,,.s read thc forego.ing informallion sheet and knows th,
content5 "hereof i and that the s e i tr,e t biS own knowledge
exc:ep@ as to the matters herein sla-led to be allq2ged upon
inforniation and belie@4, and as to tho se matters he beli@?ves it to
be t@ic.
Subscribed and sworn to before me thi5 12 day
of January 1994
Notary Public
MY Commission Expires tAA@14 '30, iirl-7
-H -I T I 4
A T T 0 P, @A E
By
Title
Pate
STA'-rE OF V'IFGINIA
CI'rY OF VIRGINIA BEACH, to-w4-t:
beirig duly sworn, dcposes
and 5ays that he/5be is the (title) of
the (leg@il na,,ne of
ownersliip organization) nained ii "he within entitled al)plication;
that ho has read thc foregc)ing informalion sheet and knows the
content5 thereofi and that the sa-,ne is triie to his owri kiiowledge
excep" as to the matters herein s"a-.ed to be al.leged Up(.)n
inforniation aQd belief, and as to those matters he beli-eves it to
be tr@ic.
r)
Subscribed and sworn to before me thi5 day
of 19
Notary Publi,:!
My Commission Expires
-H (-ITY ATTI@FNEY TEL 4 1 t%l,) 0 @l I F
BY:
Titl--
D,ite
@-TA'-PE OF V.'RGINIA
CITY OF VIRGINIA BEACH, to-w4t:
@eing duly swoi:n, dcpose@
and 5ays that he/she z@s tho (title) of
the
(legal na,,ne of
ownei:ship orgaaization) nained in the w4@thin entitied application;
tl,@t ho has read thc fore,:,
,oing iliforme@ion
sheet a d knows the
content5 thereof; and that the s@,,Ile j, tr,,@ tO his own kziowledge
e,<cep-@ a.5 to the matters herein Sla-ed t, b. all,nged uprin
inforniation aad belie,', and as tO those ,ndtters he helic?ves it to
be trlic.
Subscribed and sworn to before mc? thi5 day
of 19-.
N.t..ry pbl,,7
My commission Expires
,H P,(:H CIT", @TTOF'NEY TEI 4 1 P
a664ti-n to the a
infOrmation: @o@e, Plea.le 'Oro,ide the foil,,inj
(a) A copy of the organizallicti,s mclt re-ent@ au ited
financial stateent d
(i.e., current balance sheet and
income and e.,@pense statemen-I for the organ4z,tio,,,
last fiscal period). attacti(,c3
(b) A detailed lis,ing of the cuirerlt sala, les and/or othet
cOmPe.qsation o@ t,,Ie officer@ and directors of the
Orgarlization. In addi-@ion, Please speci@y as to each
officer or dire,tor so listed, the ba,is , tile listed
salary or compensation (i.e., annuallY,'Per meeting,
hourly, commission, etc.). Noit@,
(C) Liz-, the salary z7anges of eacli e.,npioyee pc)sition
classification and list the n-ber Of full--time ard
part-time e:rployees in each such classificatior,,.
None.
(d SpGcifY what percentage of gross i%cot,-,e of the
organizatiori was required to pay real and persc)nal
Property taxes for each of the last three years.
a,ched,@,,,@p ..@n -,-,e ,,,t c,n,i aL3 raisell
(e) i n y c@4 c" n
!tY Cou c' of the City pf
Virginia Beach s.)iould recornmend to the General kssembly
of Virginia that thi5 organization should bo@ exempt
frQm real and perscnal taxaticn i, the City of Ilirgini-a
Beach. Please inc'Lude in your explanatic)n, tlie
services provided by the organizati-on.
This form was prepared by
whose title with the organiza
(Signature)
The Board of Directors
Council Of United Filipino organization,
of Tidewater Virginia, Inc.
4857 Baxter Road
Virginia Beach, Virgi,i,,
The accompanying tatements of assets, liabilities an,d fund
balance of the Council Of U,,ited Filipino Organizations of
Tidewater Virginia, Inc. as of January 31, 1993 and Janualry 31,
1992, and the related statements of revenues collected and ex enses
paid and changes in fund balance for the years then ended havpe been
compiled by me, in accordance with standards established I)y the
A.merican Institute of Certified Public Accountants.
A compilation is limited to presenting in the fo@rm oi
financial statements information that is the representation of
managernent. I have not audited or reviewed the accompzlnying
financial statements and, accordingly, do not express an opin@Lon on
them.
June 10, 1993
Mount Pleasant Road, Suite 123 * Chesapeake, VA 23320 o Telephone (804) 482-6900 o Fax (804) 482-6907
Council of United Filipino Organiz.ti,,..
Of Tidewater Virgiriia, Inc.
Statement of A,sets, Liabilities
and Fund Balalice
(unaudited)
January 31, 1993 and 1992
1 9 9 3 1 9 92
ASSETS ------ ------
Cash (Note 2) $ 52,963 $ 7.1,080
Fixed Assets (Note 3):
Land
Building 1 64 , 0 14 7f; , 523
Furniture & Fixt,res 134,921 8EI,Ogl
1,133
Less: Accumulated Depreciation 1.,133
(49,003) (42,721)
Total Fixed Assets 251,065 123,026
Security Deposits 230 230
------- -------
TOTAL ASSETS $ 304,258 $ 194,336
LIABILITIES AND FUND BALANCE
M,,.rtgages Payable (Note 4) $ 1 6 7 , 0 05 $ 4 1 52 3
Gene.ral Fund Balalce
137,253 152,813
TOTAL LIABILITIES -------
AND FUND BALANCE -------
$ 304,258 $ 194,336
SEE ACCOUNTANT'S COMPILATION REPORT AND ACCOMPANYTIENGMENNTOSTES
WHICH ARE A.N INTEGRA -L PART OF THESE FINANCIAL
Council of United Filipino Orgaiiizations
of Tidewater Virginia, Inc.
Statement of Revenues Collected and
Expenses Paid and Changes in Fund Balance
(Unaudited)
Years ended January 31, 1993
and January 31, 1992
1 9 9 3 1992
------ -------
Revenues:
Fund Raisers $ 23,621 $ 31,.500
Donations/Pledges 11,688 13,.540
Rents 3,387 1,307
Interest 2,021 1,,471
Membership Dues 0 99
------ ------
Total Revenues 40,717 47,-317
Expenditures:
Fund Raisers 22,083 18,:258
Interest 9,384 3,i56l
Depreciation 6,282 4,1579
Real Estate Taxes 4,866 4,-731
Architectural/Development Fees 3,000 3,-750
Property Clearing and Maintenance 2,854 0
Donations/Scholarships 2,095 2,,125
Professional Fees 1,925 :200
Custodial, Repairs & Maintenance 1,881 1,-753
Utilities 1,437 1,-369
Supplies 248 7774
Miscellaneous 128 'L22
Insurance 94 823
------ ------
Total Expenditures 56,277 42,1145
Excess (Deficiency) of revenues
over expenditures (15,560) 5,Z[72
Fund Balance:
Beginning of Period 152 , 8 1 3 147,--@41
End of Period $ 137 , 2 5 3 $ 152,EII3
SEE ACCOUNTANT'S COMPILATION REPORT AND ACCOMPANYING NC)TES
WHICH ARE AN INTEGRAL PART OF THESE FINANCIAL STATEMENI'S.
Council of United Filipino Orgarii.zations
of Tidewater Virgiriia, Ilic.
Notes to Financial Statements
(Unaudited)
January 31, 1993
NOTE I SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES
Accounting Method- The financial stateinents have been piepared
using the accrual basis of accounting.
NOTE 2 CASH
Cash includes amounts in the following accounts:
Bank of Tidewater - Building Fund Account $ 43,'L68
Bank of Tidewater - General account 7,!526
Banc One Mortgage Corporation - Escrow 1,-744
Bank of Tidewater - Folk Dance account 1525
Total $ 52,063
NOTE 3 FIXED ASSETS
Fixed assets are recorded at cost and depreciated ove:c their
estimated useful life on a straight line basis.
NOTE 4 MORTGAGES PAYABLE
The outstanding mortgage balances and the related terms are as
follows:
Monthly IntiE!rest
Balance payment riate
------- -------
Bank of Tidewater $ 99,270 $ 985.00 6.50 %
Banc One Mortgage 40,478 412.09 9.50 %
Private Individuals 27,257 - 0 %
------- --------
$ 167,005 $1,397.09
The mortgage payable to the private individuals bears a stated
interest rate of 0 % The payments remaining on this m,:)rtgage
are due annually for the next six years. The annual payment is
$ 4,542,86 and is due July 1 of each year until paid in full.
The Bank of Tidewater mortgage bears an interest rate that
floats with prime. The current rate is shown above.
The Banc One mortgage interest rate is fixed.
Council of United Filipirio orqaliizatioils
of Tidewater Virgiiiia, Inc.
Notes to Financial Statements
(Unaudited)
January 31, 1993
NOTE 5 ORGANIZATION AND PURPOSE
The Council of United Filipino Organizations of Tidewa,ter
Virqinia, Inc. is a non-profit organization chartered to
provide educational, cultural, and charitable services in
the Tidewater, Virginia area and the Filipino community at
large.
F tl F F, IL F F 1 F @4
Internal Revenue Service De a ti@ien* ot th(@ Treasury
District Director
Date: 08/02/84 Ma@.-ch 30, 1982
F R. D. Morris
c I*Pho@e Mu@ber. 461-3770
COUncil of United Filipino
Org- of Tidewater Virginia Inc.
645 Reasoc Drive
Virginia Beach Va. 23464
This modifies our letter of the above date in which w ted that
you would be treated as an organization which is not a pri foundatiori
until the expiration of your advanue ruling period.
Based on the information you submitted, we have deter e that yoii
are not a pri-vate fouddatiaii within the meaning of section of the
Internal Reveaue Code. because you are an organization of e desc.-ibed
in section )@(2) . Your exempt stalus under sect (c)(3) of the
code is still in effect
Grantors and contributors ruay rely on this deteminat I the
Internal Revenue Service publishes nqtice to the contrary' . a
grantOr or a contributor may not relv on this determinatio as
in part respons4@ble for. or was aware of, the act or failu
resul@ed 4-n your lqss of section 509(.)(7) status
knowledge that the Internal Revenue Service had given no d
be removed from class4-,
.ication as a section
Because this letter could help resolve any question@ te
fQundation status, please keep it in your permanent reco.
If you have any questions, please contact the persoi
telepbone number are shown above
Please see the att2ched changes in filing requiremen
Letter 1050 (DO) (7-77)
16 -
RESOLUTIONSIORDINANCES
ITEM # 3 762 7
U by @,AyS,,..,,.
p- t' V f " @ -6 ,dd by C,,,,cibnan Baum, city C ... il @PTED:
ResOlution to direct the Plannig Cmmission study and give its
-commendation to the City Council re the Comprehensive Plan
,4m-dm-ts Proposed for consistency with the Chesapeak, By
PreserPation Act and supporting regulatons.
Voting: 9-0
Council Members Voting Aye:
JOhn A. Ba-, Jam- W Brazier, jr., Robert W Clyburn, Robert K
Dean, Louis R. Jones, Paul J, Lanteigne, Mayor Meyera E ()berndorf
Nancy K Parker and flice Mayor Willian D. Se,,o,,, Jr.
Council Members Voting Nay:
None
Council Metnbers Absent:
Lipi-d 0. Branch, III and John D. Movs
Januar@ 25, 1994
1
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO STUDY AND GIVE ITS
RECOMMENDATION TO THE CITY COUNCIL
CONCERNING THE COMPREHENSIVE PLAN
AMENDMENTS PROPOSED FOR CONSISTENCY WITH THE
CHESAPEAKE BAY PRESERVATION ACT AND
SUPPORTING REGULATIONS
WHEREAS, the Chesapeake Bay Preservation Area Act and
supporting regulations require local governments to map Cliesapeake
Bay Preservation Areas, adopt performance criteria and a zoning
ordinance that incorporate measures to protect water qviality in
Chesapeake Bay Preservation Areas, and adopt or revise
Comprehensive Plans as necese;ary for compliance with thE! Act and
supporting regulations; and
WHEREAS, the City Council desires to protect the qltality of
waters within the Chesapeake Bay Watershed of the City in order to
protect, maintain, and enhance both the immediate and -Long-term
health, safety and general welfare of the citizens of th(@ City of
Virginia Beach; and
WHEREAS, the City Council. desires to take appropriate measures
to achieve consistency with the provisions of the Chesar)eake Bay
Preservation Area Act and supportinq regulations; and
WHEREAS, draft Comprehensive Plan amendments hzive been
prepared and it is the desire of the City Council to have the
Planning commission examine the draft amendments and foy.,Ward its
recommendation to the City Council concerning the draft am(@ndments;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE' CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Plannincj commission is directed to re,view the
attached proposed Comprehensive Plan amendments and forward its
findings and recommendations to the City Council as soon as they
have completed their review of same.
Adopted by the Council. of the City of Virginiii Beach,
Virginia, on the 2 day f Januarv
1-994.
APPROVED AS TO CONTENTS
7-7r-
MS
Chesapeake Bay Preservatioii Al-ea Program
January 18, 1994
(NOTE: Language to be added is indicated by underline ua el; c
deleted is indicated by strikeout Page refereiices refer to th,e,, 1992
Revised Plan)
COMPREHENSIVE PLAN AMENDMENT 94-1
Amend the Comprehensive Plan to revise the second coluilin oii Page 11-D- @I)y addi 2
the following language:
The geographic location of the other two criteria, hydrophytic veget;itioll and
hydrology, have not been comprehensively inventoried because of the va@;t amoui,it
of land, number of parcels and prohibitive cost that
a study.
ar as of tidal and n
nm n
etland, are based o. the Nationa
The Comprehensive Land Use Mal? which accompanies thi iplan alsi@ identi6cs
environmentally sensitive soils, tidal and nontidal wetlands d floodX,Iai ns. he
Environmental Conservation Areas (ECAS) identified on gw$j@t@ of
a! 6ssed
environmentally sensitive soils, which pose developinent constr ilts
above. The Environrnental Overlay on the Mal2 del2icts tidal and nontidal
wetlands and floodl?llains. The combination of the ECAs and@,Enviironmentat
Overlays on the Mal? mirror the Environmentally Sensitive@@ al)@:inc tid
in the text of the Plan.
The identification of areas of environniental sensitivity ci@ de pi,6 d @@@the
framework for the City's environmental ordinances and la@ @se coritrok For
examl2le, the Chesapeake Bay Preservation Areas include@@Resource Protection
Areas (RPAS) which are comprised of lands at or near t @shoreline. These
RPAs consist of tidal and nontidal wetlands, tidal shores, highly e dible soils ancl
water quality buffers. These lands have an intrinsic water qlialit v;il d@ to
the ecolog-ical and biolog-ical 12rocesses they 12erforin. The City's Ches4w2i Y
Preservation Area Mal2 delineates the yeneral location of resource;p i n areas
and can serve as an initial reference for deterrnininiz if 12 rriay contain
environmentally sensitive features. The inal2vinp- of ecolo tally sensitive areas
is an impor-tant step towards directing proposed developillent into areas which
pose the fewest developinent constraiiits.
COMPREHENSIVE PLAN AMENDMEN@R 94-2:
Amend the Comprehensive Plan by deleting tlie paragraph on page 11-D-4, begitining
with the word, "Localities", aiid ad(ling the followiiig as a iiew paragrapli:
Localities are reqllired to implement the State-adopted reput ti ris@: ni@i o@ ases-
The first phase involves the delineation of Cliesapeake Ba "P rv@@ition' Ar s
and the adol2tion of izeneral performance criteria to al2ply within th(@ delineated
areas. The second 12hase involves the revision of the localities' coniprehensi e
12]ans and the revision of all related land use ordinances, including zonitip,
subdivision, site 121an, stormwater, aiid erosion and seditnent control ordinances
as al2propriate.
COMPREHENSIVE PLAN AMENDMENT 94-3:
Amend the Comprehensive Plan to revise the paragraph on page 11-D-4, beginning witli
2
Proposed Plan Amendinents for Chesapeake Bay Prograill January 18, 1994
the sentence "Virginia Beach's Chesapeake Bay Preservation Area Prograrn represents
a new water quality protectioii initiative for tlle City" to read:
Othef r-eqttifeffients E)f the Ches
amendmefits
l,ikewise, ]an they al2ply to the (hesal2eake
Bay watersh( in tllis Plan in accord th@zthe;@St e
rep-ulations.
COMPREHENSfVE PLAN AMENDMENT 94-4'
Amend the Comprehensive Plan to revise tile second coluiiin oii Page 11-D-4, by addiiig
the following language:
Within the City of Virginia Beach, the geographic extent of the Ches;io e i;Bay
Preservation Act and related regulations apply to all watersheds th t,feed 6 the
ot
Bay, including the Elizabeth River basin. These waters reoresen,t.@.ail@@i Portant
natural and econoinic resource as water-based recreational 0 unities are an
integral component of the City's gliality of life and econoinic health, The City
has a well established rel2utation as a haven for sl2ort fishing@, waterfo ntin
i-ecreational boatinp, crabbing and
Chesapeake Bay and its tribl[taries 12rovide nunierous
for residents and visitors alike. ity continues to 9tow. issues
rei!ardiniz demands for increased public access and water gLialitY 12rot,ection m6 t
be addressed concurrentlv. Prol2er 121anning and
proiects, includin2 water based recreational facilities. shotild includc
to lessen environmental irnl2acts to tidal wetland areas and provide marsh
enhancement as needed, minimize impacts associated with land disturbance, and
incorporate existiny nattiral features of I'a ili St
extent 12racticable.
While much of the land area within the City's Chesal2eake Bay wo,tershedz@ h s
been developed, niany ol2l2ortunities exist for restorine i)reviouslv disi@urbed areas
with approl2riate indip-enous ve2etation. Reveg-etation of buffers can improve
water quality, enhance aesthetics and 12rovide wildlife habitat. A.dditionally,
marsh enhancement and the introdiiction of submer2ed aquatic vilizetation iii
shoreline areas I?rone to erosion can serve as alternative shoreline stabilizatioll
techniques. The use of veyetative shoreline stabilization is ])articularlv
al2l2rol2riate in sinall tidal creek areas typified by low wave enery@,ind iiiinitnal
fetch conditioiis.
3
f., Ches@peake Bay Prorra@i, Jaiiuktry I994
Proposed Plan AMendments . ..... . .
(H.R P.D C. was award d
Local Assista,
du t a stud
d rivate w
and features i
p vario
on of
as
Amend the Comprehensive Plan to revise the second colurnn on Page @4 9
a new paragraph beginning with the existiilg senteiice@
"Water quality control within the City's Southern Watersheds, or tiose areas hat
drain to Back Bay, North Landing River and Northwest River, art@ regulate(l.
-- . . - -- MM ENf 94-6.
Amend the Comprehensive Plan to revise tlie secotid colu,iin on Page ii-D-4, by revising
the last paragraph to read as follows:
Water qtiality control within the City'S SOLithern watersheds, or those areas that
4
Proposed Plan Amendinents for Che@peake Bay Progratil Janu@,ry 18, 1994
... . . ..
drain to Back Bay, North Landing River and Northwest River, are regulat.ed
through the provisions of the Southern Waterslieds Manageiiieiit Prc)gram,,@as
described in this chapter, the Southerii Waterslieds Manage t Ordi
Erosion and Sedinieiit Control Ordinaiice, aiid the Storniw
Ordinance. Owl's Creek, which drains through Rudee lnl ii . e@ @Atlantic
Ocean, @ is influenced by a diversity of waterfront lan.d uses, from natural
are-as to fishing fleet @arinas.
- The Owl's Creek-Rtidee Inlet waters
study includiniz an assessment of all existing envir
used in the northern and. sotithern
reparding actions that are m
to the environmental sensiti increased
development pressure, t on DrO2lam shotild
be develol2ed and iiiil2lemented for this watershed. Pro i ons of Cit ",
Chesal2eake Bay Preservation Area Ordinance and eds
Management Ordinance sholild be considered for inclts,
program aloni iiiec
COMPREHENSIVE PLAN AMENDMENT 94-7:
Amend the Coinprehensive Plaii to i-evise the secoild paragraph on @p ad
as follows:
,kiiothef 'A'at
The National Pollution Discharge Eiiininatio n Systein (NPDES) pr ofthe
U.S. Environmental Protection Agency. will require the City to
implement strategies for managing the pollutant loads carried iii urban storiiiwater
runoff.
COMPREHENSIVE PLAN AME MENT 94-8
Amend the Comprehensive Plan to revise the first coluinn oii Page 11-D-5, b:y adding the
following language as a iiew paragraph imiiiediately preceding the paragraph beginning
with "As developinent proceeds south into..."
The City's NPDES Propram includes but is education
initiatives, storm water field screenin an inventor of the Cit 's itoriii sewer
system, and the adol2tion of the Storiii Sewer System Discharpe Ordi ance. 'Fhe
Ordinance w ol illicit discharpes to the iiiiinicipal toriii sewer
5
Proposed Plan Amendnients for Chesapeake Bay Progra.ii Jiiiiary 18, 19 4
system
as a m
initiati)
ro
!here i
cover
COMPREIIENSIVE PLAN AMENDMENT 94-9
Amend the Comprehensive Plan to revise the second coluiiin ofl Page II I-D-5, @b ing
the paragraph
the following language as a new paragrapli iiiiiiiediately prec
beginning with " The City continues tc) support efforts...":
p the
on a d
surface
term.
The use of nontructural o, e -t,,.
considerable attention within the Cit
of vegetative stormwater control is the retention of e
@sTn
n( k@Ba
rese-ation A,-ea Stormwater P telsheds
6
Proposed Plan Amendinents fo, Chesapeake Bay P,.gr..@@ lanu@uy 19, 1994
COMPREHENSIVE PLAN AMENDMENI'94-10
Amend the Comprehensive Plan to revise the 1-irst col@iiiiii on Page II-l?-7 by addii@g@ithe
following language as a new paragraph iminediately preceding the p ph@] n i'ng
with the words "Air quality is another issue that the City ......
The City also recognizes the need to protect proundwate @@suM]ies@@due.tol@the
reliance on i!roundwater as a I?otable water supply in many f:;t4 @0i:t @: d
the potential for pollution tralisport from grOLindwater to ecologictilisensiti e
surface waters. The City's ability to expeditiously and effectiv nd to@ he
spills of hazardous iiiaterials has been improved with the,:@ 's adi)@tion d
iml2lementation of the NPDES 12rograill purstiant to the requi inents ol- the Clean
Water Act. While the Program 12rovisions involving resl2on5@ to illicit discharges
12rimarily focuses on pollutants entering the storin sewer ktem and receiving
surface waters, the NPDES 12rop-ram will also result in the rCdLICti6 :0@charges
of 12ollutants that wotild otherwise be infiltrated ttirotigh the groundwatef's tteni.
On site sewage disposal systenis, if iiiiproperly designed@ install poorly
maintained, can also pose a threat to $!rotindwater SLI Ii s@ Ntitrients iii
wastewater, such as nitropen and 12hosphorus, can 12ose threats to humans if they
inundate 12otable grolindwater stil2plies. Excessive ntitrients@ conveyed to surface
waters through Proundwater transport or directly discharg@
can also cause water quality 12roblems such as oxyreil dep, @i el@f6: lific
algal growth associate(I with overabundant nlitrielit stipplies.
In addition to the requirements of the Virpinia Departinent of Health rel@ting to
the design and installation of on-site sewape disposal systems, gloundwater
supplies are 12rotected throuph the 12rovisions of the City's Chesapeake A
Preservation Area and Solithern Watersheds Managemetit A@@a Ordinaiices. Botb
ordinances require that adequate area for reserve drainfields i:iden ifl z;onl: fi al
subdivision I?Iats. The Chesal2eake Bay Preservation b@dili@nce a]
requires that all on-site sewave disi2osal systell's be puiiiped out at least once
every five years. The prol2er niaintenance of on-site sewa2e disl2osal systems is
an iml2ortant stel2 towards 12rotectin@ both potable grOLindwater sul2l2lies aild
surface waters witllin the City.
Groundwater quantity is also of concerii to the City as Proundwater remains the
primary source of 12otable water sul2l2ly for inany residents. The inin.@mal use of
iml2ervious surfaces on developnient sites can 12rotect recharge areas for aquifers
while preservinp existing veyetation. The Lise of infiltration @rictices for
stormwater control on development sites can also preserve r(Icharve to
7
Propos.ed Plan Ainendments for Chesai)eake Bay Progra,li JaIlL,ary 18, 1994
groundwater supplies Drovided -,ife, c,.nnrliti@@, @@,I,,,Lve to their se. The
City al
12rivate wells during a declared water @tinnlv l,er de
12age II-E-17 of this Plan.
IDWNT 94-1 1:
Amend the Comprehensive Plan to revise tlie second 10
beginning with the words "Following a NatUFal Heritage p
Following a Natural Heritage presenlatioii to the Cil
the City agreed to fund a systematic iiiventOFY of rare or
ificant plants and
animals.
E-1 fl E-!
14istefi
v
Department of Conservation and Ree
I herita@e
resources incliidinp- y atural corrimuni'ti@es;
rare, t
siiznificant natural resources The. in,'@nt,,,,
three of four phases e @a e id d
as based Lin(in qnf-riek ....... When
comi)leted- the, foiirth fn@l @l,, oase ot
the information utilizinp the, Citv'@
Another critica] nrc)cli,,,t ,f th@ r@@l hase will
I for delineated fierital!e areas.
Assessinlz the 12otential environinental iiii
iml2ortant component of the Citv'@ ninn @f
City ordinances currently require tle ubms,,on ol @nfomation rc
develol2mental
existiiiL
dicted
t Plin which ust be
8
Proposed Plan Amendments for Chesapeake Bay Program
reviewed and approved by the appropriate Ci[y staff prior t¢ the co,,imencem~t
of any land distarbing activities. The Southern Watersh~ -'
- Manal/~
mirrors the Stormwater Management Ordinance with r~gards t~
enwronmental and hydrologic information. -
The City's Chesapeake Bay Preservation Area Ordinance in, eludes provisions for
the sub-mittal of a ~vater quality impact assessment. ~he~l~uroose~ of fha
assessment is to identify potential-adverse impacts on
~evelopment occurring within designated Chesapeake Bay Preserva~i~in Areas is
.c. onducted in a manner least disruptive to sens tive lands-, and~:t~ ~if¥ me~s
.to avoid, minimize or mitigate developmental impact~ }'~:::wat
r~rotection. Water quality assessments are required for any ~:velopment ~tivit.~
conducted within designated Resource Protection Areas, for any buffer area_
.e. ncroachment or reducti~on, and when deemed necessary bY ihe a~mprigtte Cit.y
staff.
.The City's Subdivision Ordinance requires the submission of aNat
.Protection Plan as a co n,,onent ,,~ ......... ,, - · .
gutter requirements ~e . ,-,--~.,4~c~t~ for aomm~stranv~ ~ai~ ~f:~Urb and
- · qmred components of the ~l~fi {~:~iude a tree
~_nventory/protection plan, a wetlands inventory/protection ~ian, and ]~rovisions
for the protection or creation of natural buffer areas_.
· h~le the C~ty s ex~stmg ordinances require varying degr~ 6F:~h~ironmental
gssessment relating to potential developmental impacts, a coidprehensi~ approa~i,
.t.o assessing environmental impacts may be more effective and easier
administer. In late 1991, the Hampton 'Roads Planning Districi:::~:~t;~:missi~n
.(HRPDC) prepared a Model Environmental Assessment Procedure, to be used i~
the r)lan of development review, in order to develop a region-specific am)r6~h
to assessing the environmental impacts of development pro~0sals' Althot~gh t~,
Model Environmental Assessment Procedure is not locality ~}fi~i ~i~fa ~f
the Procedure may be appropr ate components of a
.to environmental asses_sments and p an of deve~rnent review
-.COMPREHENSIVE PLAN AMENDMENT 94-1_2
Amend the Comprehensive Plan by adding the following language as a new paragraph
on Page II-D-10 immediately following the first objective in the second column:
Obiective
Jincourage the use of vegetative Best Management Practice Facilities (BMPs) tbr
9
Proposed Plan Amendinents for Chesap@e Bay Progra,ri Janilary 18, 1994
. .. .. ...
controllin2 stormwater riinoff, when appro
,Ite as an alterllatiive t(o structural
controls. Pro
,r locati n
desijan, and
maintenance of vegetqtivf-. (,.nntrnl@ Th@ ".@@t@tive B Ps
should be iziven Dartictilar Itfentinn n, stormwater'@@d trol
commercial parcels and sinale famil honiesites
Ob'ective
Amend the City Zoniny Ordinance relatina to cond
for marinas, coinmercial, noiiic r tIe
purpose of re
sensitive areas uch amendments should iicilide
relicf to 12arki
ccess to com
Obeective
In order to mi with clc)ck (,,onqtrlirtinn nl
lon2-term facility use, encourage the use of coniiiiunity d s
where MUltiDi@r vate facilities
Ob'ective
Encoura2e land owners desilninp @n(I lirie erosion controf
measures to consider the use of non-strii(,.tiirni
and 12rovide
bilization i
Ob*ective
Utilize the outl2uts of the Hampton Road Coiiimissic d of
shoreline conditions in Hgmnton Rnqcl@ tn @,,i,t
Obiective
Develol2 a public informqtion nrnvr.- of a alable irformation
relating to shoreline stabilizition @nri @@n@,@l @,@ter dependent facil desi n
izuidelines. fo
construction. The consolidated pac ],c @n ti,@
Plannine Det)artment gnd the P@,hii, f@f,,,,,ation Office.
10
Proposed Pl@ Amendments for Ch@@apeake Bay Progra@. Jaiiuary 18, 1994
COMPREHENSIVE PLAN AMENDMENT 94-13:
Amend the Comprehensive Plan to revise the paragrapli oii Page If D- I 1, bel,inning wi@ii
the words "Conduct very soon after the adoptioii... to reaci:
(3onduet 1/2,efy soon af4ef the adoption (3f the Coillpfeheflsi,,,e PI ::@SStiidy to
I I 1-
deterfnine the pre-,ff- @Oufl--f), of afid the iiiest apprepfiette i.p.rater qtiali@)-
fflanagefnefit pfogfafn fef the 91/21/2,1 Cfeele afid Rudee !filet Ettef$ ....@Develol2
and implement a coml2rehensive water quality rnanagement igtoZrAit
r i Owl
Creek and Rudee Inlet watershed. Utilize al2ropriate 12rovisi ns of e
Chesapeake Bay Preservation Area Ordinance and/or Sout Waters s
Manaizement Ordinance alone with other Drotective iiiech-,tni w@ii be
al?12]icable to this watershed.
COMPREHENSIVE PI,AN AMENDMENT 94-14:
Amend the Comprehensive Plan to revise ttie first coluiliii oii Page 11-D-1@l 1, ding
the following language as a new paragraph iiniiiediately preceding ti paragraph
beginning with "Consider adopting an ameiidiiient to..." to read:
Polic
Restore shoreline vegetation and reforest delineated buffer a i "ji@:d d
Chesal2eake Bay Areas for the pua2ose of ilill2rovinp wate Qtiali :::,]en ah ing
aesthetics, 12rovidinp- wildlife habitat, and redLICi roi)ertv owne i intenan e
costs.
Ob*ective
Reduce maintenance, includinp- mowing and nutrient/pesticide illan;li4ement, f
grassed areas adiacent to Derennial waterways and promote r@forestation of buffe@
areas on both publicly and 12rivatelY owned 12rol2ertv. Shorelin n
should include Dractices that Dromote the 2rowth of native vq@P @e
of native seedlin2 121ant materials and other siinilar practices. The rnowinp @6f
grassed areas within delineated water quality buffers shOLIld be disi-ouraized'@in
order to allow for natural reforestation where apl?rol2riate. Initiate demonstration
12roiects on publicly-owned I?rol2erties and develop edlicational 12r,:)2rains aii(i
materials relatiny to bLIffer area manaeieiiient for interested citizens.
Ob*ective
Identify 12ublicly-owned sites that can be candidates for wetlands and buffer
restoration I?rojects and develof) a cooderative Dro2ram for wetland,; and bul-fer
restoration/enhancenient proiects w h t ie assistance of a rol2riate Ci ncies
Proposed Plan AmendinenLs for Chesapeake Bay Prograiii laiiuary 18, 1994
the Virginia Department of Forestry, and interested citizen@@@@roul2s. Pursuete
funding of planting proiects throueh citizen and corporate@ contribl]tions, grt
funds and th inonies collected as civil char2es for wetiaIds
violations 12ursuant to ChaDter 13 of Title 28.2 of the Code 6 it
91
COMPREHENSIVE PLAN@ AMENDMENT 94-15:
Amend the Comprehensive Plan to revise ttie first coluiiin on Page 11-D by add
the following language as a new paragraph after the words "...the site@'S@.@sci ;wetland,
and water characteristics" to read:
Obiective
Consider the consolidation of the City's Storniwater ManaEement Or@Jinance, the
Southern Watersheds Mana2ement Ordinance, the Chesape ke 8 @Wservation
Area Ordinance and the Erosion and Sediment Control Ordinanc@@ t4) t the
use of a coMDrehensive environmental assessinen and standardiz r
management requireinents, as appropriate.
COMPREHENSIVE PLAN AMENDMENT 94-16:
Amend the Comprehensive Plan to revise thc first col ujllfl of Page 11 D-22@:b adding
following language: ]@ @ @ @ : 6 @
Explore available funding inechanisiiis to condLICt a corn rehensi e
groundwater study.. .
COMPREHENSIVE PLAN AMENDMENT 94-17:
Amend the Comprehensive plan to revise the second coluiyin of pag@ 1, mg
the following language as a new paragraph after the words .@@ti u@h the use of,
conditional zoning" to read:
Obeective
Vully utilize f the Subdivision Ordinance relai@iny to the
preservation of noteworthv features in order to Drotect larle tree@s and other
desirable growths and incoa?orate stich noteworthv features into the subdivision
development.
12
Proposed Plan Aineiidments fr Ch-.1,@.ke Bay Prg,@@,. Ja@iua@y 18, 1994
COMPREHENSfVE PLAN AMENDMENT 94-18:
Amend the Comprehensive Plan to revise the last paragraph oii page @ll-D-24, begi niiig
with the words, "Create a coniputer..'@ to read:
"Obiective
Create a computer based environiyiental inventory systeiii.... stab is @thi :t U h
ajoint effort including the Planning Departinent and the
Del2artment of Public Works/Envineerinp Division ureau of
Mal2piniz and Stirve s..."
COMPREHENSIVE PLAN AMENDMENT 94-19:
AmendtheComprehensiveplanto revisethe firstcoluilill on pagell-E-17',,,b@@adding the
following language as a new paragraph @tfter tlie t'itst paragr@lph endiiig wittl@ the
words ... majority of property owners" to read:
In the fall of 1991, a Water Supply Systeill Status Report@@@ @ollided to the
City Council. The Reoort stiminarized the water SLIP121y availability to the Citv
duriniz critical drOL12ht conditions alict concllided that existing watcr demands
exceeded the i)r-udent available sui)Dlv (dlirina drou@ht candil O@);@b n
gallons per day (mgd). The Report also recognized that lit-n i6 s It e
placed upon increases in water deiiiand uiitil more reliable additi nal water
supplies are i rt noted that the Citv of Norfolk had vised t e
City of Virizinia Beach that Virginia Beach stiould restrict its use cif .the Norfb-lk
water supl?ly svstem to an annual avera2e of 30 ingd. In order to ineet the 30
mgd limitation, it was recoe!nized that the city would have to rc@duce wa
consuml2tion bv al)Droximateiv 2 mpd.
The Water Sul2ply System Status Report recoiliniended tha
a proizram to 1) limit new connections to the water supl?ly svstem. 2) SUSDE d
enforcement relatine to iiiandatory water conriections@
iml2lement mandatory water consei-vation, 4) purs
City to iml2lement plilnibin2 code ordinances wi rictive tlian
those contained in the Statewide Uniforiii Building Code, 5) defer all
neighborhood water CIP proiects not under construction. 6) DLirsue State
legislation to Piv conservation Drovisions to Eroundwater tise,
and 7) increa
13
Proposed Plan Amendinents for Chesal)@e Bay Pr.gr@ll, Ja,l.ary 18, 1994
In resl2onse to the recoinmendations contained in the Rep6. t, the (lity CounI
initiated several actions. An ordinance declarin@ a water sqpply eiii,-r2ency ad
establishiniz an interiln proizrain for the conservation of ptibli @water :311pplies as
adol2ted in the sl2rinP- of 1992. It is anticipated that this ordin hw.ill rem *ii in
effect until the completion of a reliable Citv water SOLirce. (I @O inance
prohibits new connections to. the DLiblic water stipply systein arld describes
exemi2tions to this 12rohibition. The Ordinance also defers'@@ eighborhood@wateIr
proiects, funded in the CIP, and associated sewer 12roiects. 6 i ionl:were:@ado
to allow for the extension of 12ublic sewer facilities into nei I ghborh s wher6@@a
majority of the prol2erty owners are desirolis of such improvem
The prohibition of nonessential Lises Of tlle DLiblic water stipply systei durin the
n
duration of the declared water sul2ply eillerpency is a maior comi)onent of the
City's comprehensive water conservation pro@raiii. Prohibit or restricted LISes
described in the Ordinance include 1) the wateriii2 of veg-et tion@@ washinv
of automobiles, sidewalks, streets, 12arking areas, -service station ai)r,Dns:@ d the
exteriors of residential and cominercial bl[ildings, 3) the operation Of CoTnmerclal
fountains, 4) the filling of swimmine and wadin2 pools, 5) the use.:
z er froiii
fire hydrants for any purpose ther than tilose necessary rrimental Lise,
and 5) the serviny of drinkiII14 water in restaltrants tinless- ciuested..
In addition to the water conservation tneaSLires relatiiip to th 0@o
the City has an oni4oing water conservation/awareness progtd Ill
Sotember 1990, the City hired a flill-titne Water Conservation Co inator
expand existinp City i)roE!rams. Exl2anded provraiiis incILide school nd pliblic
information 12resentations and a Pluilibitl2 retrofit pro2raiii. Details@rt tding@ the
City's water conser-vation Droi!raiiis are incltided in the A12pendix ol' this Plan,
Recojinizini4 that lone-terin Dtit se and connection restrictions
may stimulate 2roLindwater use, the City also plirsued leyi@ 6 i i ia
General Assembly to allow the Citv to aDDly consery ti6n 1211 s LO
groundwater use. This is esl2eciallY il"12ortant since ttie shallov/ Yorktown
aguifer, which uiiderlies the City, is the sole SOLirce of drinkilig water in the
southern 12ar-t of the City and in certain neivhborhoods in the northerin part of the
City. The aqliifer has shown evidence of stress due to over-use and d,-velopiiient.
The City now has the authority to restrict Linnecessary Lises of 2roun,jwater froiii
private wells the saine way that it restricts the LISI
supply emereencv. The abilit individtial
wells allows the Citv to take steps, when necessary, to preserv(-, dwindline
groundwater residetits wliose only solirce of wat(,,r is private
wells.
1 4
Proposed Plan Amendinents for Chesal)eake Bay Progralli Jaluary 18, i994
In addition to apl2lying water conservation restrictions to izr6 indwater use duri
emergency conditions, the City has also established I?rocedu s relati ota:le
izroundwater SUDD]ies as a coml2onent of preliniinarv site .d SLibdivision :iilan
review. Procedures require de ),@the@@ @ Lt ia
Beach 14ealth District of the Virginia Health DU
the availabilitv and (iualitv of DrODOsed on-site @rotindwater Lises. Rgquired
information includes-the identification of potential sour of:@DOIlUtion:la
rgpresentative water ciualitv salliDlinE Drior to final plat req d ii
COMPREHENSIVE PLAN AMENDMENT 94-20:
Amend the Comprehensive Plan to revise the last paragraph in the first column on II-E-
17, beginning with the words "Water conservation..." to read:
3A'ater eeiisen,ation is anothef felale--' ul;]:@
...,y ssEie.- The City has @a p-o6d:; ord
showing prudent Llse of potable water suppjies.
COMPREHENSIVE PI,AN AMENDMENT 94-21:
Amend the Comprehensive Plan to revise the Objective on page 11- 0
. b gir:l.ning@ tb
the sentence "Extend city water and sewer..." to read:
Ob*ective
In accordance with other current City policies and ordinances, exten City wa r
and sewer into those neighborhoods where the tise of wells and septic tanks is not
a feasible or desirable alternative for water SLIPPIY or sewage disposal.
COMPREHENSIVE PLAN AMENDMENT 94-22:
Amend the Comprehensive Plan to revise the second column on Page II-E-20, by adding
the following language after the words "...for water supply and sewage disposal" to read:
Obiective
During the duration of a declared water SUDDiv einereencv. vieorously enforce
City ordinan 12rovisions of the City Code relating to the
mandatoEy conservation of public water SUDDlieS. ADDIV mandatorv conservation
measures, durina declared water sUI2121Y emerrencies, to impacted Froundwater
supi2lies as necessary in order to enSLire tlie continued availability of Lroundwater
15
Proposed Plan Amendments fr Chesapeake Bay Pr.grain Jailuary 18, 1994
for ]2otable water suj)l)ly.
Obiective
At such time that an adequate and reliable City water supply is i-n lable,
reinstate and rigorously enforce those sections
mandato@ water con@ections.
COMPREHENSIVE PLAN AMENDMENT 94-23:
Amend the Comprehensive Plan to revise the second coluinn oii Page 11-F-'), by adding
the following language as a iiew paragraph after ttle paragraph ending with "...to
accomplish defined planning objectives", to read:
The City's desi:znated Scenic Waterway system provides side nis with
ol2l2ortunities al resource corridors throuizhout the@ e
City's Scenic Waterway System is the first locally deve]ODW mprenensive
waterway trail system in Virizinia. ThiS Liilique recreati ility" is the
12roduct of citizen initiative and cOODeration anionp local: regional, and state
ap-encies. Additionally, the Systeiii and the 12rol2osed West Neck Creek Linear
Park are 12art concept as defined by the t
of Conservation and Recreation.
Due to the uniqueness of the Scenic Waterway Systeiii, a coiiiprehen
should be develoi2ed to iinprove, expand, protect, and proiiiote the:
City has already initiated this Drocess bv allocatin2 funding in-the Capi@l
Iml2rovement Prolzram and establishin@ a staff coininittee in order to imi2ro c
access to the System. In addition to utilizine allocated: fundinj4 for Svsto
exl2ansion, the City should develOD a DroLram for @ E!Itl:l I
maintenance and mechanisms fo
provided by the Hampton Roads PlanninE District Co niinissiorl reizard
shoreline erosion and pliblic access should be Lltilized as a reference for @si@te
selection for public access facilities.
COMPREHENSIVE PI,AN AMENDMENT 94-24:
Amend the comprehensive plan to revise the first coluinn on Page 11-F-8, b)/ adding the
following language as a new paragraph after the words can serve as appropriate
active and passive recreation sources", to read:
1 6
Proposed Plan Ainendmeiits for Chesal)eake Bay Prograiii Jajiuary 18, 1994
@b ective
Site selectio for.l?ublicly-owned beach and wat
incltide an assessment of the coml2at
and vehicular traffic conflicts, and the possible eff
natural resou
boat, and p(
protecting se
COMPREHENSIVE PI,AN AMENDMENT 94-25:
Amend the Comprehensive Plan to revise the first coluniii on Page 11-F-8, b,v adding the
following language as a riew paragraph after the words and high quality t-mployinent
centers", to read:
Poric
Develop a coinprehensive Sceni W,,iteFwa S@te
System expa
Ob*ective
Expand the City's Scenic Waterwav Svsteiii in
greater op]2oLtunities to access Lir:
City. Identif candidate areas
facilities. and
System.
Obweetive
Aggressively Is Adopt-A-Waterway proi!raiii foi- continti
regular maint
Ob'ective
Preserve and
as dedication onin2, conservation easeiiients, and onditional
zoning 12rovisions.
COMPREHENSIVE PLAN AMENDMENT 94-26:
Amend the Comprehensive Plan to revise ttie last paragraph in the first coluinn on Page
11-G-3, beginning with the words "The city is coiniiiitted to ...... to read:
17
Proposed Plan Amendments for Chesapeake Bay Prograin Jar.,uary 18, 1994
The City is conimitted to supportiiig the local tourist i,ndustry l@hrough t , e
beautification of Atlaiitic Avenue, the boardwalk, construe on of tlie Pavili
Convention Center@, Doiiie, Visitor Inforiiiation Center, Virp-ihia Mai-ine Scien e
Museum, and the creation of the Convention and VlSS't vel melit
Department. The City is CLirrrntly purstiinp an extensive ex@an.s,i h@6f the
Virizinia Marine Science Museum which will triple the ,size of l@he existia.g
facilities. Architectit@al 121anning has comnienced for the @l ned@ ex
COMPREHENSIVE PLAN AMENDMENT 94-27:
Amend the Comprehensive Plan to revise the first coluiiiii on Page 11-,G-7, following the
words "... to include gradliate level coursework", by adding the following laliguage:
The City is rich in natural resources which range from tidal s @Marsh areas
associated with the Lynnhaven River and Rudee Inlet complexe to extensive
nontidal wetland areas associated with Back Bay and the North LandinIg:,,@RivIer
coml2lex. Manv of these natural resource areas are included in., e
and Federal parks and wildlife refupes such as Sf-.ashore e@@Park, Back Bay
National Wildlife RefLige, False Cape State Park, and Mackay Island National
Wildlife Refup-e. Additionally, the City's Scenic Waterway System is the first
locally develoi2ed, coml2rehensive waterwav trai
abundant and diverse natural resources provide oDDorttinities ; t visitot@ @and
residents alike tO Darticioate in recreational activities ranginy from bixl@pg, hiki
and canoeing to bird watchinv, huntinp and fishiny-
Several designated 2arks within the City ol-fer particil2atory 12rograms ran2ing
from birdwatching and marsh hikes to educational seininars. These 12rop-rams
12romoted by the Darks and wildlife reflipes theiiiselves. The Citv's Del2artme t
of Econoinic DevelODment also incltjdes general inforina on@@re2 di e
natural areas in the Department's business develoi)menti in @mati T4e
develoi2ment ensive strate2v for proiiiotion of the Cit
natural resources could serve as both an economic development tool as well a
means of 12ro tal education.
COMPREHENSIVE PLAN AMENDMENT 94-28:
Amend the Comprehensive Plan to revise ttie first paragraph iii the second column on
Page II-G-7, beginning with the words "Coordinate latid Llse ...... to read:
18
Proposed Pl@ Ainendinents for Cliesai)eake Bay Progra.n Jailuary 18, 1994
Policy
Coordinate land use, transportation, environinental and pu.,.I.jc facility planni 9
and development processes with the econoiiiic developiiieiit'goals of the Cit
COMPREHENSIVE PLAN AMENDMENT 94-29:
Amend the Comprehensive Plan to revise the first coluinn on Page 11 G-@@b dding !he
following as a new paragraph after the paragraph ending witli the 'Ords in
accordance with the Cotiipreliensive Plan, to read:
Obiective
Develop a comprehensive stratepy for proiiioting the City's i),4tural resources witli
the Uprol2riate City del2artments, federal and state aizencies, d interested citizen
proups for the pu[pose of economic develol2inent and envi nm6 liotication.
COMPREHENSIVE PLAN AMENDMENT 94-30:
Amend the Compreheiisive Plan to revise the glossary adding the following laiiguage as
a new definition:
Environmentally Sensitive Soils - Those soil types which@; @:SSOme evel of
develol2ment constraint due to their erodibility or wetness. Envi niiientally
Sensitive Soils include: Back Bay Mticky Peat, Beaches, Corolla ine Sand,
Duckston 12ortion of Corolla-Duckston Fine Sands, Dorovan M
Duckston Fine Sand, Fripp Sand (2% to 30% slopes), LakehLirst Vzlriant 4nd,
Nawney Silt Loam, Newhan Fine Sand ( 2% to 30% slopes), New.han-Corolia
FineSands (O% to 15% slopes), Painlico Mucky Peat, Painli@o-Lakehurst Vari X
Coml2lex, Pocaty Peat, Rapl2ahannock Mucky Peat (stron I ine @ @@
Fine Sandy Loani (6% to 30% slopes). I I
19
I
I
- 17 -
item iii-I.3.
P.ESOLUTIONSIORDINANCES
ITEM # 37628
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council,4DOPTED.
Resolution to direct the Planning Commission and Resort Area Advisory
Commission review and return their recommendations to the City Council
re the Oceanfront Resort Area Concept Plan.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clybur?4 Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf
Nancy K Parker and rice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch III, and John I). Moss
January 25, 1994
A RESOLUTION DIRECTING THE PLANNING COMMISSION
AND RESORT AREA ADVISORY COMMISSION TO
REVIEW AND RETURN THEIR RECOMMENDATIONS
TO THE CITY COUNCIL CONCERNING THE OCEANFRONT
RESORT AREA CONCEPT PLAN
WHEREAS, the Oceanfront Resort Area contributes significantly to the
economic well being of all Virginia Beach citi@ens; and
WHEREAS, the City Council desires to continually improve the
Oceanfront Resort Area, as exemplified through its TGIF initiative and other
efforts; and
WHEREAS, a need exists to formulate a plan that will establish
organizing principles to help guide the Oceanfront Resort Area transe)ortation and
land use systems; and
WHEREAS, a draft of the Oceanfront Resort Area Concept Plan has been
completed and it is the desire of the City Council to ha@e the Planning
Commission and Resort Area Advisory Commission revie. this plan and 2.eturn their
recommendations with approp@iate revisions, if any, to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIT)L OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission and the Resort Area Advisor,( Commission
are directed to review the attached Oceanfront Resort Area Concept Plan and
forward their findings and reco=endations to the City Council as soon as they
have completed their review of same.
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 25 day of January 1994.
7-
APPRC',',!L':)
- 18 -
Item III-L4.
RESOLUTIONSIORDINANCES
ITEM # 37629
UPOn motion bY Vice Mayor Sessoms, seconded by Council Lady Parker, City Council 4DOPTED.
Ordinance to AMEND and PEORDAIN Article VI of Chapter 2 of the
Code of the City of Virginia Beaci4 Virginia, by AMENDING Sections
2-195, 2-196 2-19Z 2-198 and 2-199 re the Capital Improvement
Program Budget.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W Brazier Jr., Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf
Nancy K Parker and Vice Mayor William D. Sessotm, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branck III, and John D. Moss
January 25, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE VI
2 OF CHAPTER 2 OF THE CODE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA BY AMENDING SECTIONS
4 2-195, 2-196, 2-197, 2-198 AND 2-199
5 PERTAINING TO THE CAPITAL IMPROVEMENT PROGRAM
6 BUDGET
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 2-195, 2-196, 2-197, 2-198 and 2-199 c)f the Code
10 of the City of Virginia Beach, Virginia, are hereby amended and
11 reordained to read as follows:
12 Section 2-195. Preparation of capital improvement program.
13 en er- bef-er-e the seeefid ifeejul:ar- raeetinej ef the ei:t!,F
14 eeafiej:l i:n Septefnber- ef eaeh year, the Each department, board,
15 commission, office or agencv supported in whole or in part by
16 funding by the city shall file at such a time and in such a manner
17 as the city manager maV prescribe estimates of revenues and
18 exipenditures for the capital improvement program. The ci-ty manager
19 shall prepare and submit to the city council at least ninety (90)
20 days prior to the beginning of each budget year, a capital
21 improvement program, which shall include the city manager's
22 recommendations, and estimates of the cost of proposed capital
23 improvements and the means of financing them@.to be und.ertaken in
24 a period not to exceed six (6) years. the eurrent fiseal year a--@
25 in a pei-ied net te e3feeed the ne)ft nine (9) year-s--.
26 Section 2-196. Introduction of capital budget.
27 At the same time that the city manager siibmits the
28 capital improvenent program, the city manager shall int-roduce and
29 recommend to the council an appropriation ordinance, based upon the
30 earr-ent first fiscal year of the capital improvement procjram, which
31 shall be the capital budget. The city manager shall alsc) introduce
32 at that same time any ordinance levyinq a new tax or altering the
33 rate on an existing tax and introduce any ordinance for the
34 authorization of bonds or any other ordinances re(juired for
35 balancing the capital budget. In no event shall the expenditures
36 recommended by the city manager in the capital budqet exceed the
37 receipts estimated.
38 Section 2-197. Capital improvement program and capital budget -
39 public hearing.
40 The council shall hold a public hearing on the capital
41 improvement program and the capital budget as submitted, at which
42 time any citizen of the city shall have the right to attend and
43 state his views thereon. The hearing shall be held at least seven
44 (7) davs prior to the apdroval of the capital budget and capital
45 improvement lprogram.
46 The council shall cause a brief synopsis of the capital
47 improvement program and a descriptive notice of thE@ proposed
48 capital budget to be published in a newspaper havirig general
49 circulation in the city, enee a 1/2iee]E fer t1/2ce sueeessive icee!Es at
50 least seven (7) days prior to the date set for such hearing. The
51 seeend pablieatien sheuld net be seener than sev days after-
52 the first pubiieatien and the publie hearing shall net be seener
53 than seven (:7) days after the seeend publieatien.
54 The publication shall include a statement that: a copy of
55 the full text of the capital improvement program and capi.tal budget
56 are on file and available for public inspection at the ci.ty clerk's
57 office and the city manager's office.
58 The publication and notice shall be for informative and
59 fiscal planning purposes only. The council may recess or adjourn
60 from day to day or time to time during such hearing. @ hear-ings.
61 After the public hearing, the council may make such chariges in the
62 capital improvement program and capital budget as it may deterinine.
63 Section 2-198. Adoption.
64 (a) The capital improvement program and capital budget
65 shall be adopted by the vote of at least a majority of all of the
66 members of the council no later than the first regular meeting ef
67 the eity eeuneil in BeeeFftber- ef- eaeh than thirty (30) days prior to
68 the end of the current fiscal year. In no event shall t@he council
69 adopt a capital budget in which the estimated expenditures exceed
70 receipts, unless at the same time it adopts measures to provide
2
7 1 additional revenue estimated to be sufficient to make up the
72 difference.
73 (b) Adeptien shal:l: r-eeluir-e eensider-ation ett tife (2)
74 separate meetings, the seeenel ef- i;hieh fray net be s@than three
75 (3) days after the first.
76 @ (b) The capital improvement program a]-id capital
77 budget shall become effective upon adeptien. the first dav of the
78 fiscal year. However, in no case shall preparation, publication
79 and approval of the capital improvement program be deeME!d to be an
80 appropriation.
81 Section 2-199. Amendments - Capital improvement program; capital
82 budget.
83 (a) The city council may amend the capital improvement
84 program and capital budget appropriation ordinance fr()m time to
85 time to increase the aggregate amounts thereof, pr-ovide for
86 supplemental appropriations from available revenue, add or delete
87 projects and transfer funds between projects.
88 (b) Supplemental appropriations to the capital budget
89 shall be adopted by the vote of at least a majority of all of the
90 members of council. and sha4:4: r-eqa4:re eensi:der-atien at t1/2fe (2)
91 separ-ate meetinejs, the seeend ef 1/2ihieh -er than thr-ee
92 (3) days after the fir-st. However, any such supplemental
93 appropriation which exceeds one percent of the total revenue shown
94 in the eui-r-ent fiseal year- approved capital budget may only be
95 accomplished after providing a public hearinq on the proposed
96 amendment. Notice shall be qiven by publishing a nc,tice of a
97 meeting and public hearing once in a newspaper havilig general
98 circulation in the city, seven (7) days prior to siich public
99 hearing and meeting. The notice shall state the council's intent
100 to amend and include a brief synopsis of the proposed amendment.
101 (c) Subject to any applicable restrictions of law or
102 restrictions of any bonds or bond issue, amendments wh@ich do not
103 require supplemental appropriations, but which involve a transfer
104 of funds between projects or additions or deletions of projects or
3
105 in the case of the capital improvement program an increase in the
106 aggregate amount thereof, may be made without requirement of a
107 public hearing by a majority of all of the members of city council
108 at the same meeting at which such amendment is intrcduced.
109 Furthermore, subject to any applicable restrictions of law or of
110 any bonds or bond issue, the city manager is authorized to transfer
ill funds between projects in amounts not to exceed $10,000.
112 Section 2-200 - 2-205. Reserved.
113 Adopted by the Council of the City of Virginia Beach, Virginia
114 on the 25 day of January
1994.
115 CA-5400
116 \ORDIN\PROPOSED\2-195ET.ORD
117 R-4
118 JANUARY 19, 1994
APPR'
L@GAL
A
4
- 19 -
Item Ill-L5.
RESOLUTIONSIORDINANCES
ITEM # 37630
Upon motion by 1-ice Mayor Sessoms, seconded by Council lady Parker, City Council ADOPTED:
Ordinance to AMEND and P.EORDAIN Sections 21-440.3, 21-440.4,
21-440.5, 21-440.9 and 21-440.10 of the Code of the City of Virginia
Beac,% Virginia re Residential Parking Permits.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dea@ Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branc,% III, and Jbhn D. Moss
January 25, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 21-440.3, 21-440.4, 21-
3 440.5, 21-440.9 AND 21-440.10 OF THE
4 CODE OF THE CITY OF VIRGINIA BEACH,
5 VIRGINIA, PERTAINING TO RESIDENTIAL
6 PARKING PERMITS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O.F VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 21-440.3, 21-440.4, 21-440.5, 21-440.9 and 21-
10 440.10 of the Code of the City of Virginia Beach, Vir,ginia, are
11 hereby amended and reordained to read as follows:
12 Sec. 21-440.3. Designation of residential permit parking areas.
13 The City Manager or his designee shall designate as
14 residential permit parking areas street blocks within residential
15 areas when the following criteria have been met:
16 (a) A petition requesting such designation, signed by at
17 least one (1) adult resident or Property owner of no less
18 than fifty-one (51) per cent of the residences located
19 within such blocks, is filed with the City Manager or his
20 designee; and
21 (b) The residential area sought to be designated as a
22 residential permit parking area, or any pal-t of such
23 residential area, is located within one-half mile of a
24 city meter-regulated parking area.
25 Sec. 21-440.4 Parking restrictions.
26 In any area designated as a residential permit par-king area,
27 it shall be unlawful for any person to park any motor vehicle on
28 the street between the hours of 11:00 p.m. and 6:00 a.m. unless
29 there is affixed to the left side ef the- interier driver's side
30 exterior surface of the rear winde%; windshield of such motor
31 vehicle a valid residential parking permit; provided, however, that
32 the provisions of this section shall not apply to emergency or
33 governmental vehicles, to delivery or service vehi(--les while
34 engaged in such delivery or service, or to vehicles di.splaying a
35 valid guest pass plainly visible from the exterior of the vehicle.
36 Sec. 21-440.5 Permits generally.
37 (a) Following the designation of a residential perm.it parking
38 area by the City Manager or his designee, the City
39 Treasurer shall issue residential parking permi-ts for the
40 area so designated. One (1) permit shall be issued, upon
41 application and payment of the prescribed fee, for each
42 motor vehicle owned by a person residing or[ a street
43 within the residential permit parking area. Lcst, stolen
44 or damaged permits may be reissued upon pro()f of such
45 loss, theft or damage and payment of the prescribed fee.
46 (b) An applicant for a permit shall present his mot.or vehicle
47 registration and operator's license with the application.
48 No permit shall be issued in the event either the
49 registration or operator's license shows an address not
50 within the residential permit parking area, unless the
51 applicant demonstrates to the satisfaction o:E the City
52 Treasurer that he is, in fact, a resident of such area.
53 Registered residential parking permit holders may obtain
54 nen transferable guest passes by applying to either the
55 City Treasurer's Office or the City's Parking Systems
56 Management Off ice. Such passes shall be Lssued and
57 validated for three (3) davs, seven (7) days, @ fourteen
58 (14) days_ or one (1) year. ?ie ejeest pas,4 sha3:3: be
59 issaed fer a peried emeeeding feurteen (14)
60 (c) Business parking permits shall be issued b@, the City
61 Treasurer's Office or the City's Parking Systems
62 Management Office to businesses licensed to operate in
63 city meter-regulated parking areas. Such permits shall
64 be issued for one (1) year at the prescribed fee and
65 shall be limited to the maximum number of employees in
66 one (1) shift required to work after 11:00 p.m.
67 (d) Lodging parking permits shall be issued by, the City
68 Treasurer's Office or the City's Parking Systems
69 Management Office to lodging establishments which are
70 located within residential permit parking areas and which
2
71 do not have sufficient on-site parking avai.lable for
72 their guests. Such permits shall be issued for one (1)
73 year at the prescribed fee and shall be I.imited in
74 quantities to the number of rooms within ttie lodging
75 facility not having on-site parking.
76 (e) Permits issued pursuant to subsection (a) shall be valid
77 for a period of one (1) year, shall not be transferable,
78 and may be revoked in the event the City Treasurer
79 determines that the owner of the vehicle fc,r which a
so permit has been issued no longer resides in the
81 residential permit parking area. UPOTI written
82 notification of such revocation, the holder of the permit
83 shall surrender such permit to the City Treasurer. The
84 willful failure to surrender such permit shall be
85 punishable by a fine in the amount of Twenty-Five Dollars
86 ($25.00).
87 (f) Permits issued pursuant to subsections (c) and@ (d) shall
88 be valid for a period of one (1) year, shall be
89 transferable, and may be revoked in the even-t the City
90 Treasurer's Office determines that the number of permits
91 exceeds the allowable number according to the criteria
92 set forth in subsections (c) and (d).
93 Sec. 21-440.9. Violations.
94 (a) Parking in violation of section 21-440.4 shall be
95 punishable by a fine in the amount of Twenty-Fi.ve Dollars
96 ($25.00), and shal:]: mav subject the vehicle unlawfully
97 parked to being towed. In the event such f.ine is not
98 paid within a period of thiee (3) 1/20e@ fourteen (14)
99 calendar days, the amount thereof shall be Fifty Dollars
100 ($50.00).
101 (b) A violation of section 21-440.7 or 21-440.El shall be
102 punishable by a fine in an amount not to E!xceed One
103 Hundred Dollars ($100.00).
3
104 Sec. 21-440.10. Fees
105 Fees required under this division shall be as follows:
106 (a) For the initial issuance of residential parking permits,
107 Fifteen Dollars ($15.00).
108 (b) For replacements of lost or damaged permits by the same
109 holder and for the same motor vehicle, Epioe"ty E)ella@
110 Five Dollars ($5.00). upon Presentation of
ill receipt for original purchase.
112 (c) For business parking permits, initial or replacement,
113 Twenty Dollars ($20.00).
114 (d) For lodging parking permits, initial or replacement,
115 Twenty Dollars ($20.00).
116 (e) For three-day guest permits, Two Dollars ($2.00).
117 (f) For seven-day quest permits, Five Dollars ($5.00).
118 (g) For fourteen-day guest permits, Ten Dollars ($10.00).
119 (h) For yearly transferable quest Permits, Twenty-Five
120 Dollars ($25.00).
121 Adopted by the Council of the City of Virginia Beach, Virginia
122 on the 25 day of January 1994.
123 CA-5412
124 \ORDIN\NONCODE\21-440ET.ORD
125 JANUARY 14, 1994
126 R-4
TO CONTEN"
A,(C,S
iT
i%@ TO LE(-@Ai
su NDFORM
CITY AITORNEY
4
- 20 -
Item III-L6.
RESOLUTIONSIORDINANCES
ITEM # 37631
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Clyburn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4TE a $1,991,415 Federal
Community Policing Gran4 over a three- (3) year perioi4 establishing 28
new Police Officers; APPROPRL4TE a twenty-five (25) percent match
of City funds in the FY 1994-1995 Operating Budget; ant 7RANSFER
$280,000 from within the FY 1993-1994 Police Department Operating
Budget to purchase vehicles related to these positions.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
AN ORDINANCE TO ACCEPT A FEDERAL COMMUNITY POLICING GRANT
ESTABLISHING 28 NEW POLICE OFFICERS AND
TO TRANSFER $280,000 TO PURCHASE THE VEHICLES RELATED TO THESE POSITIONS
I WHEREAS, the Virginia Beach Police Department applied for and was aw@3rded a U.S. Department
2 of Justice, Office of Justice Programs, "Police Hiring Supplement Program Grant" of $1,99'1,415 over a three year
3 period to enhance the City's community policing efforts through the hiring of 28 additional pdlice officers,
4 WHEREAS, this grant will begin in September/October of 1994 allowing th,a appropriation of both
5 the federal grant funds and the 25% required match from the City in conjunction with the F@' 1994-95 Operating
6 Budget, however, due to the need to hire and train the 28 additional positions beginning in April of 1994, there is a
7 need to authorize the 28 new positions prior to the new fiscal year,
8 WHEREAS, the Police Department, due to current position vacancies has sufficient funds within
9 the Department's FY 1993-94 to pay these recruits during their participation in the police training academy and to
10 provide funding for the purchase of 14 vehicles required for these positions and to minimize the impact on the FY
11 1994-95 Operating Budget,
12 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA, that the U.S. Department of Justice, Office of Justice Programs, "Police Hiring Supplement
14 Program Grant" be accepted, 28 Police Officer Recruit positions be established, and that $280,000 be transferred
15 from within the FY 1993-94 Police Department Operating Budget to allow for the purchase ()f the vehicles related to
16 these positions.
17 BE IT FURTHER ORDAINED, that the development of FY 1994-95 Operating Budget reflect
I 8 sufficient funds to cover the City's required match and the appropriation of the federal grant.
19 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 dai of January
.1 1994.
APPROVED AS TO
LEGAL- SUFF@C@E'@@CY
21 -
RESOLUTIONSIORDINANCES
ITEM # 37632
UPOn -tion by Vice Mayor Sessoms, seconded by Councibnan Brazier, City Council ADOPTED, with
EXIMBIT A, "EADED:
Or&nance to authorize the City Manager TRANSFER the Residual
Balance of the Economic Development Invest?nent Program (EDIP) to the
City of Virginia Beach Development Authority and direct future
appropriations for EDIP purposes be provided in lump sum to the
Authority.
*Item 8 page 3, shall be revised with the Authority providing City
Council semi-annul reports, rather than annual reports. Item 8 shall
correctly read.-
"8. 7he Authority shall provide City Council semi-annual reports, on
or before June 30 and December 31 of each year, outlining, in detai4 the
manner in which the funds were provided. Such reports shall include, at
a minim@ the information required by subsections a, b, and c of
Paragraph 5, and information demonstrating compliance with the
provisions of this Policy and Procedure.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W
Clyburr4 Robe'rt K Dean, Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
January 25, 1994
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 TRANSFER THE RESIDUAL BALANCE OF THE ECONOMIC
3 DEVELOPMENT INVESTMENT PROGRAM ACCOUNT TO THE
4 CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
5 AND DIRECTING THAT FUTURE APPROPRIATIONS TO
6 THE ACCOUNT BE PROVIDED IN LUMP Sum TO THE
7 AUTHORITY
8 WHEREAS, the City of Virginia Beach Development Authority
9 (the "Authority") was created pursuant to Chapter 643 of the Acts
10 of Assembly of 1964, as amended (the "Act'-);
11 WHEREAS, one of the primary purposes of the Act is to
12 enable development authorities "to promote industry and develop
13 trade by inducing manufacturing, industrial, governmental and
14 commercial enterprises to locate in or remain in the
15 Commonwealth.... '-;
16 WHEREAS, pursuant to S 6 of the Act, the Authiority has
17 the power, "to sell, exchange, donate and convey any or all of its
18 facilities or other properties whether realty or p,ersonalty
19 whenever the Authority shall find any such action -to be in
20 furtherance of the purposes for which the Authority was organized;"
21 WHEREAS, pursuant to SS 7 of the Act, "the Authority may
22 foster and stimulate the development of industry in the ar-ea within
23 its jurisdiction ... [and] may accept, and expend for the purposes
24 stated above, money from any public or private source ....
25 WHEREAS, pursuant to S 10 of the Act, the City of
26 Virginia Beach (the "City") "is authorized and empowere(i to make
27 appropriations and to provide funds for the operatioiri of the
28 Authority and to further its purposes;"
29 WHEREAS, the economic development goals and objectives of the
30 city include achieving a higher ratio of nonreside@ntial to
31 residential real estate assessments, investing in Land and
32 infrastructure to benefit future economic growth, and maximizing
33 the return of economic development efforts through the development
34 and implementation of programs and strategies that facil" Ltate new
3 5 business investment and encourage retention and expansion
3 6 activities thereby improving the overall quality of life in the
37 City;
38 WHEREAS, the City has established the Economic Development
39 Investment Program (IIEDIP") in the FY 1993-94/FY 1998-99 Capital
40 Improvement Program as part of its overall effort to enhance the
41 City's ability to accomplish these goals and objectives; and
42 WHEREAS, pursuant to the authority and empowerment set forth
43 in S 10 of the Act, City Council has determined that it ',Fould be in
44 the best interests of the City to transfer the funds iin the EDIP
45 account to the Authority and to provide future EDIP appropriations
46 to the Authority to enable the Authority to more effectively
47 continue its efforts to foster and stimulate economic development
48 by inducing enterprises to locate or remain in the City.
49 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL CIF THE CITY
50 OF VIRGINIA BEACH, VIRGINIA:
51 1. That the City Manager is hereby authorized to
52 transfer the residual balance of the Economic Development
53 Investment Program (IIEDIP") Account (C.I.P. Project 2-1@41) in the
54 General Fund to the City of Virginia Beach Development Authority
55 (the "Authority") upon execution by the City of Virginia Beach (the
56 "City") and the Authority of the Economic Development 'Envestment
57 Program Policy and Procedure which is attached hereto @is Exhibit
58 "All, and is hereby incorporated by reference, the purpose of which
59 shall be to implement specific conditions with respect 1--o the use
60 of EDIP funds;
61 2. That the Mayor is hereby authorized to execute the
62 EDIP Policy and Procedure on behalf of the City; and
63 3. That City Council hereby directs that future
64 appropriations for EDIP purposes shall be provided in ltimp sum to
65 the Authority subject to the provisions of the EDIP Policy and
66 Procedure, as may be amended, from time to time, with the prior
67 consent and approval of the City and the Authority.
2
68 Adopted by the Council of the City of Virginia Beach,
69 Virginia on the 25 day of January 1994.
70 CA-5391
71 \ORDIN\NONCODE\ECONOMIC.ORD
72 R-6
73 PREPARED: January 5, 1994
3
EXHIBIT "All
ECONONUC DEVELOPMENT
U'iVESTMEENT PROGRAM
POLICY AND PROCEDURE
WHEREAS, the City of Virginia Beach Development Authority (the
"Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as
amended (the "Act");
WHEREAS, one of the primaiy purposes of the Act is to enable
development authorities "to promote industry and develop trade by iriducing
manufacturing, industriai, govemmental and commercial enterprises to locate in or remain
in the Commonwealth.... ';
WHEREAS, pursuant to SS 6 of the Act, the Authority has the power, inter
alia, "to seil, exchange, donate and convey any or all of its facilities or other properties
whether realty or personalty whenever the Authority shall find any such acfion to be in
furtherance of the purposes for which the Authority was organized";
WHEREAS, pursuant to SS 7 of the Act, "the Authority may foster and
stimulate the development of industry in the area within its jurisdiction... [and] may
accept, and expend for the purposes stated above, money from any public or private
source....";
WHEREAS, pursuant to SS 10 of the Act, the City of Virginia Beach (the
"City") "is authorized and empowered to make appropriations and to prov,ide funds for
the operation of the Authority and to further its purposes';
WHEREAS, the economic development goals and objectives of the City
include achieving a higher ratio of nonresidenfial to residential real estate assessments,
investing in land and infrastructure to benefit future economic growth, and maximizing
the retum of economic development efforts through the development and implementation
of programs and strategies that facilitate new business investment and encourage retention
and expansion activities thereby improving the overall quality of life in the City;
WHEREAS, the City has established the Economic Development Investment
Program ("EDIP") in the FY 1993-94/FY 1998-99 Capital Improvement Program as part
of its overall effort to enhance the City's ability to accomplish these goals and objectives;
WHEREAS, pursuant to the authority and empowerment set forth in SS 10
of the Act, City Council has determined that it would be in the best interests of the City
to transfer the funds in the EDIP account to the Authofity and to provide future EDIP
appropriafions to the Authority to enable the Authority to more effecfively confinue its
efforts to foster and stimulate economic development by inducing businesses to locate or
remain in the City; and
WHEREAS, the City and the Authority have agreed that the provision of
funds in the EDIP account to the Authority for economic development purposes, and the
subsequent provision of such funds by the Authority to qualifying businesses, should be
subject to policies and procedures which will ensure that the expenditure of such funds
is in the public interest and is in furtherance of the purposes for which the EDIP was
established;
NOW, THEREFORE, the City of Virginia Beach and the City of Virginia
Beach Development Authority hereby adopt the following Economic Development
Investment Program Policy and Procedure:
I The animating purpose of the Economic Development Investment
Program shall be to enhance the ability of the City of Virginia Beach Development
Authority to foster and stimulate economic development in the City by inducing new
businesses to locate in the City, and existing businesses to remain in the City or to expand
their operations. All expenditures of EDIP funds shall be in keeping with this Policy and
Procedure and may enure only incidentally to the benefit of private interests. EDIP funds
may aiso be ufilized to conduct architectural and engineering studies directly related to
specific economic development inifiafives and/or projects being conducted by the
Authority on behalf of the City.
2. Whenever the Director of Economic Development, acting on behalf
of the Authority, determines the need to provide EDIP funds to a specific business, he
or she shall make a formal presentation and recommendation to the Authority at a
regularly-scheduled or special meeting of the Authority. Except as otherwise provided
in paragraph 3, prior to maldng such a recommendation, the Director of Economic
DeveIopment must determine, and must advise the Authority, that one cir more of the
foflowing criteria have been met:
a. Tbe net amount of direct tax revenues retumed
to the City by a business to which EDIP funds are provided
will exceed the amount of EDIP funds so provided no latei-
than thirty (30) months from the date on which the business
commences operations at a new or renovated facility;
b. For every one dollar ($1.00) in EDIP funds
provided, the business to which such funds are provided will
spend twenty-five dollars ($25.00) or more in new capital[
investmentincludingbuildings, furnishings, and/orequipment;
and/or
C. Every one thousand dollars ($1,000.00) in EDIP
funds provided will yield at least one (1) new "full-fime@
equivalent" employment opportunity in the business to which[
such funds are provided.
These criteria shall be reviewed by the Director of the Department of
Economic Development and the Director of the Department of Management and Budget
on a bi-annual basis beginning on December 1, 1995; provided, however, that in
accordance with paragraph 9, the criteria shall not be amended without the prior consent
and approval of the City and the Authority.
3. If the Director of Economic Development, acting on behalf of the
Authority, determines the need to provide EDIP funds to a specific business, but the
criteria set forth in paragraph 2 have not been met, the Authority shafl obtain specific
approval from City Council prior to its approval of the provision of EDIP funds to such
business.
4. Based upon the recommendation of the Director of Economic
Development, the Authority shall either approve or disapprove of the proposed provision
of EDIP funds to the business; provided, however, that prior to approval, the Authority
must make the following findings:
2
a. That the animating purpose of the proposed
provision of EDIP funds to the business is to serve the public
purpose of fostering and sfimulating economic development irl
the City of Virginia Beach, and that the expenditure of suc@i
funds will only incidentally enure to the benefit of private
interests, if at all; and
b. That the proposed provision of EDIP funds tco
the business is in furtherance of the purposes for which thc:
Authority was created.
5. Approval by the Authority of the provision of EDIP funds to a
specific business shall be in the form of a resolution which shall include the following
information:
a. The name, location, and nature of the business
to which the funds will be provided;
b. The amount of funds that will be provided;
C. The purpose or purposes for which the funds
will be provided;
d. A statement that the criteria set forth iri
paragraph 2 of this Policy and Procedure have been met; or,
in the altemative, that City Council has specifically approved@
provision of EDIP funds to the business pursuant to paragraphi
3; and
e. A statement that the findings set forth iri
paragraph 4 of this Policy and Procedure have been made by,
the Authority.
6. Once the provision of EDIP funds to a business has been approved
by the Authority, the funds shall only be provided to the business upon the submission
of invoices showing the actual costs incurred by the business for the purpose or purposes
for which the funds were provided.
7. EDIP funds shall be maintained by the Authority in a separate
account and shall not be commingled with other Authority funds.
8. 'ne Authority shall provide City Council semi-annual reports, on or
before June 30 and December 31 of each year, outlining, in detail, the manner in which
the funds were provided. Such reports shall include, at a minimum, the informafion
required by subsections a, b, and c of paragraph 5, and informafion ijemonstrating
compliance with the provisions of this Policy and Procedure.
9. The provisions of this Policy and Procedure shall not be amended
without the prior consent and approval of the City and the Authority.
10. This Policy and Procedure is specifically applicable to the expenditure
of Economic Development Investment Program funds. This Policy and Procedure is not
intended to be, nor shall it be deemed to be, applicable to the use of public funds from
any source other than the EDIP.
3
11, This Policy and Procedure shall become effective immediately upon
its approval by the City of Virginia Beach and the City of Virginia Beach Development
Authority, which approval shall be evidenced by signature of the Mayor of the City of.
Virginia Beach and the Chairman of the City of Virginia Beach Development Authority
acting by, and on behalf of, the City and the Authority, respectively.
Mayor, City of Virginia Beach
Chairman, City of Virginia Beach
Development Authority
EDtP2. POL
Oir25/N
- 22 -
Item Ill-L&
RESOLUTIONSIORDINANCES
ITEM # 37633
Upon motion by Vice Mayor Sessoms, seconded by CounciLman Clyburn, City Council.ADOPTED.
Ordinance to TR4NSFER $331,060 from Projects #2-211 Secondary
Street Improvements and #2-816 Traffic Safety Improvements to Projeci'
#2-212 @n and HoUy Road Intersection Improvements re additional
site acquisition and iinprovement costs.
Voting: 8-2
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert W
Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E.
Obemdorf and Vice Mayor William D. Sessom, Jr.
Council Members Voting Nay:
Robert K Dean and Nancy K Parker
Council Members Absent:
John D. Moss
January 25, 1994
1 AN ORDINANCE TO TRANSFER FUNDS OF $331,060
2 TO PROJECT #2-212 LASKIN AND HOLLY ROAD
3 INTERSECTION IMPROVEMENTS TO COVER ADDITIONAL
4 SITE ACQUISITION AND IMPROVEMENT COSTS
5 WHEREAS, the Capital Improvement Program includes project #2-212 Laskin Road and Holly
6 Road Intersection Improvements which includes site acquisition and construction to prollide a right turn
7 lane off Holly Road at the northwest corner of the intersection, along with sidewalk, arid traffic signal
8 upgrades at an estimated cost of $232,244;
9 WHEREAS, after negotiations with the affected property owner, additional property must
10 be acquired to allow for a total take of the property including the demolition of the existing structure
11 resulting in a cost increase of $331,060;
12 WHEREAS, the additional amount needed may be transferred from projects #2-211
13 Secondary Street Improvements and #2-81 6 Traffic Safety Improvements.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT'( OF VIRGINIA
15 BEACH, VIRGINIA: That funds in the amount of $331,060 are hereby transferred as shown below
16 to provide for additional site acquisition and improvement costs for project #2-212 Laskin Road and
17 Holly Road Intersection Improvements.
18 Transfer from:
19 Project 2-211 Secondary Street Improvements $ 131,060
20 Project 2-816 Traffic Safety Improvements 200,000
21 Transfer to:
22 Project 2-21 2 Laskin and Holly Road
23 Intersection Improvement $ 331,060
24 This ordinance shall be effective on the date of its adoption.
25 Adopted by the Council of the City of Virginia Beach, Virginia on the 25 day of
January
26 1994.
Approved as to Content
APPPOVED As TO
Depirtment of LEGAL3UFF@rl.@@@-i-@
Management and Budget
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE
3 SIMPLE FOR RIGHT OF WAY FOR LASKIN
4 ROAD AND HOLLY ROAD INTERSECTION
5 PROJECT AND THE ACQUISITION OF
6 TEMPORARY AND PERMANENT EASEMENTS OF
7 RIGHT OF WAY, EITHER BY AGREEMENT OR
8 CONDEMNATION
9 WHEREAS, in the opinion of the Council of the City
10 of Virginia Beach, Virginia, a public necessity exists for the
11 construction of this important roadway to provide tr@insportation
12 and for other public purposes for the preservation of the safety,
13 health, peace, good order, comfort, convenience, ELnd for the
14 welfare of the people in the city of Virginia Beach:
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
16 CITY OF VIRGINIA BEACH, VIRGINIA:
17 Section 1. That the City Council aut@horizes the
is acquisition by purchase or condemnation pursuant to Se(::tions 15.1-
19 236, et seq., 15.1-898, 15.1-899, and Section 33.1-89, et sect.,
20 Title 25-46.1 et seq., Code of Virginia of 1950, as Elmended, all
21 that certain real property in fee simple, including te@mporary and
22 permanent easements of right of way as shown on the pl@ins entitled
23 "LASKIN ROAD AND HOLLY ROAD INTERSECTION IMPROVEMENTS CIP 2-212,,,
24 these plans being on file in the Office of Real EStatE@ Department
25 of Public Works, Virginia Beach, Virginia.
26 Section 2. That the City Manager is hereby
27 authorized to make or cause to be made on behalf of the City of
28 Virginia Beach, to the extent that funds are a,iailable, ,
29 reasonable offer to the owners or persons havi-ng an interest in
30 said lands. If refused, the City Attorney is hereby atithorized to
31 institute proceedings to condemn said property.
32 Adopted by the Council of the City of Virginia
33 Beach, Virginia, on the 25 day of January 1994
34 CA-5393 APPROVED AS TO CONTENTS
NONCODE\CA5393.ORD
R-1
URE
MENT
APPROVED AS TO LEGAT,
'Y AN@ F@
,@FICIENC
L;.LTY ATTORNEY
- 23 -
item iii-i
CONSEA'T AGENDA ITEM # 37634
Upon motion by P-ice Mayor Sessoms, seconded by Council Lady Parker, City Council.,IPPROVED in
ONE MOTION items 1, 2, 3, 4, 5, 7, 9, 11 and 12 of the CONSEAIT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W Brazier, Jr., Robert W Clyburn, Robert K
Dean, Louis R Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Brancli, III, and John D. Moss
January 25, 1994
- 24 -
Item III-J. I
CONSENT AGENDA ITEM # 37635
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council IDOPTED:
Resolution to authorize and direct the City Manager to execute a Sewer
Cost Pafttcjpation Agreement in the amount of $23,107 with the City of
Virginia Beach School Board for the construction of sewer facilities in
the Corporate Lan&ng Subdivision (PRINCESS AIVNE BOROUGH).
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W Brazier, Jr., Robert W. Clybur?4 Robert K
Deam Louis R Jones, Paul J. Lanteigne, Mayor Meyera E Obemdorf,
Nancy K Parker and P-ice Mayor William D, Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III, and John D. Moss
January 25, 1994
1 A RESOLUTION TO AUTHORIZE AMD DIRECT THE CITY
2 MANAGER TO EXECUTE A SEWER COST PARTICIPATION AGREEMENT
3 WHEREAS, City of Virginia Beach S,h,,l Board, hereinafter referred t, a.
4 "Owner," is desirous of improving certain property in the Corpol:ate Landing
5 Subdivision in the Princess Anne Borough in accordance with the ter,l and
6 conditions of the City ordinances;
7 WHEREAS, in order for the Owner to provide sewer servic, to the project
8 area, it is necessary for owner to construct certain sewer facilities;
9 WHEREAS, the City has requested that such construction be greater in scope
10 than is necessary to provide service to customers other than those within the
11 project limits and to prevent the City from incurring additional cost@s at a later
12 date;
13 WHEREAS, the City desires to enter into a cost participation agreement with
14 the City'S Bhare of costs at $23,107;
15 WI-IEREAS, funding for the City's cost is available from Project 6-018
16 Various Sewer Projects- Phase II;
17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA;
19 That the City Manager is hereby authorized and directed to execute a sewer
20 cost participation agreement with City of Virginia Beach School Board for the
21 construction of sewer facilities. Said proposed agreements are hereby attached
22 and approved.
23 This ordinance shall be effective on the date of its adoptior,,.
24 Adopted by the Council of the City of Virginia Beach, Virginia on the
25 25 day of January 1994.
APPROVED AS TO CONTENT:
Date
KIO-302
/jb (10/06/93)
CITY OF VIRGINIA BEACH
DEPARTMENT OF PUBLIC UTILITIES
COST PARTICIPATION AGREEMENT (SEWER)
1-
THIS AGREEMENT, Made this @)aay of 1993, by and between
City of Virginia Beach School Board hereinafter referred to as "Owner",
and the CITY OF VIRGINIA BEACH, VIRGINIA, hereinafter referred to a!; the "City".
WHEREAS, Owner is seized in fee simple of property known as Parcel RD I and
residual parcel in Corporate Landing ; and
WHEREAS, Owner is desirous of improving the Project in accordance with the terms
and conditions of the City ordinances and agrees to conform to said I)rdinances; and
WHEREAS, in order for Owner to provide sewer service to this Project, it is
necessary for Owner to construct certain sewer facilities; and
WHEREAS, the City has requested that such construction be greater in scope than
is necessary to provide service to this Project; and
WHEREAS, such construction is of value to the City in providing service to
customers other than those within the Project limits;
NOW, THEREFORE, in consideration of the mutual promises and benefits accruing
hereto, the parties agree that:
1. Owner shall construct a sewer system (hereinafter the "System") according
to plans and specifications approved by the Department of Public Utilities, a copy
of which is on file with the Department.
2. The City shall make cash payment to Owner in the amount c,f $ 23,107
TWENTY-THREE THOUSAND, ONE HUNDRED SEVEN DOLLARS after successful completion of the
System and acceptance thereof by the City in accordance with approved plans.
3. The City shall have the right at any time to make, connect, or permit the
connection of any other sewer facility to the System. Any such conne,:tion may be at
any point, and the City shall have the right at any time to use the !System to serve
I
persons within and without the Project limits.
4. Upon successful completion of the System and acceptance thereof by the
CitY, Owner hereby agrees that the System, including but not limited to sewer
connections, sewer mains, laterals, pipes, and all other facilities, shall be deemed
dedicated to the City of Virginia Beach as of the date of the Cit;y's written
acceptance thereof.
5. Owner shall indemnify and hold the City harmless from any and all liability
of whatever nature arising out of the design, approval, construction and/or
installation of the System providing that any such liability does not arise out of
the City's negligence. In the event any claim is made against the City, either
independently or jointly with Owner, lessee, or purchaser on account hereof, the
Owner at its sole cost shall defend the City against such claims.
6. This Agreement shall inure to the benefit of and be bindirig upon-the
parties hereto and their respective heirs, successors and assigns.
7. Upon execution of this Agreement, it shall be recorded by the City in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, at Owner's
expense.
2
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K10-302 MLS 9/15/93
SCALE: 1"=1600'
RO
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IN WITNESS WHEREOF, the parties hereto have executed and sealedl
this Agreement as of the day and year first above written.
CITY OF VIRGINIA BEACH, VIRGINIA
ty Manager/Athried Desi@nee
of the City Manager
DATE-
ATTEST:
(SEAL)
ity Clerk
SCHO CITY OF VIRGINIA BEACH, VA
DATE-
ATTEST;/
(SEAL)
Cle
APPROVED
D s
F tion
APPROVEQ AS TO FORM:.
y s office
CERTIFIED AS TO AVAILABILITY OF FUNDS:
L)epartment of FiaWnce6/-)
3
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by
, City Manager/Authorized Designee of the City Manager,
Of the City of Virginia Beach, this day of 1993.
ota,y Pblic
MY Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me by Ruth Hodges Smith,
CitY Clerk of the CitY of Virginia Beach, this -- day of __, 1993.
otary Public
MY Commission Expires:
09/28/93
4
25 -
CONSENT AGENDA ITEM # 37636
U on ce M yor sso , seco ed n dy Parker, City Coucil, PTED.-
Pon by "I a Sf! Ms nd by Cou cil La 4DO
Ordinance tO AMEND and REOWAIN Section 2-226 of the Code of
the CitY of rlrginia Beac% rlrginia, re CitY DePositois fr the City
Treasurer.
Voting: 9-0
COuncil Members Voting Aye:
John A. Ba-, J-- W. Brazier, jr., Robert W. Clyburn, Robert K
DeaP; LOuis R Jones, Paul J. Lanteigne, MaYor MeYera E. Oberndof
Nancy K Parker and Vice M4YOr William D. 5essoms, Jr.
Council Members Voiing Nay:
None
Council Members Absent.-
Linwood 0. Branch, III, a@d John D. Moss
January 25, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 2-226 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA
4 PERTAINING TO CITY DEPOSITORIES
5 GENERALLY
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY O.F VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 2-226 of the Code of the City of Virgi@nia Beach,
9 Virginia, is hereby amended and reordained to read as f(Dilows:
10 Section 2-226. City depositories generally.
11 (a) The city treasurer is authori,ed to deposit 017 cause to
12 be deposited all funds of the city in any of the followj-ng listed
13 banks or savings and loan associations:
14
15 (1) Bank of the Commonwealth;
16 +3+ Signet Bank;
17 L3a Central Fidelity Bank;
18 Coramerce Bank;
19 (5) irst Union National Bank;
20 +9+
21 (6)
22 (7) First Virqinia Bank of Tidewater;
23 (8) +9+ ations Bank-
24 (9) (19) Crestar Bank;
25 +44+
26 (10) Life Savings Bank;
27 (11) Cenit Bank for Savings, SFB
28 (4:4)
29 (12) (15) Bank of Tidewater;
30 @3
31
32 (14) effersn Natinal Bank-
33 (3:8) P
34 @5 Princess Anne Bank.1
35 (16) @ Resource Bank
36 (b) No money shall be deposited in any bank or savings
37 and loan association referred to in this section until the bank or
38 savings and loan association has complied with the@ Virginia
39 Security for Public Deposits Act, as amended, and other provisions
40 of state law.
41 Adopted by the Council of the City of Virginia Beacl7.L, Virginia
4 2 on the 25 day of January 1994.
43 CA-5448
44 \ORDIN\PROPOSED\02-226.ORD
45 R-1
46 JANUARY 14, 1994
2
26 -
CONSENT AGENDA ITEM # 37637
UPOn -tion by Vtce Mayor Sessolm, seconded by Council I ady Parker, City Councii! ADOPTED:
Orgfinance to AMEND and REORDAIN Sections 21-364, 21-371 and
21-405 of the Code of the City of Virginia Beac/4 lrtrginia re Parking
Violations.
Voting: 9-0
Council Members Voting Aye:
JOhn A. Baum, James W Brazier, Jr., Robert W. Clyburr4 Robert K'
Dea?4 LOuls R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf@
NancY K Parker and Vice Mayor William D. Sessona, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch, III, and John I). Moss
January 25, 1994
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-364, 21-371 AND 21-405 OF
3 THE CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 PARKING.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Sections 21-364, 21-371 and 21-405 of the Cc)de of the
9 City of Virginia Beach, Virginia, are hereby amended and :reordained
10 to read as follows:
11 Section 21-364. General parking prohibitions.
12 (a) No person shall park a vehicle, except when necessary to
13 avoid conflict with other traffic or in compliance with the
14 directions of a police officer or traffic-control device, in any of
15 the following places:
16 (1) Within fifteen (15) feet of a fire hydralit.
17 (2) Within any designated fire lane.
18 (3) At any place so as to block any fire (lepartment
19 connection.
20 (4) Within fifteen (15) feet of the driveway entrance
21 to any fire station and, on the side of@ a street
22 opposite the entrance to any fire stati()n, within
23 seventy-five (75) feet of the entrance, when
24 properly signposted.
25 (5) Within fifteen (15) feet of the entrance to a
26 building housing rescue squad equipment or
27 ambulances, provided such buildings are plainly
28 designated.
29 (6) In front of a public or private driveway.
30 (7) Within an intersection.
31 (8) On the roadway side of any vehicle parr@ed at the
32 edge or curb of a street (double parking.@.
33 (9) Upon any bridge or other elevated structilre upon a
34 street or highway or within a tunnel.
35 (10) on the left-hand side of roadway of two-way street
36 against the direction of traffic.
3 7 (b) No person shall park a vehicle, except when necessary to
38 avoid conflict with other traffic or in compliance with the
39 directions of a police officer or traffic-control device,, in any of
40 the following places:
41 (1) on a sidewalk.
42 (2) On crosswalk.
43 (3) Within twenty (20) feet of a crosswalk at an
44 intersection; provided, however, that where there
45 is no crosswalk at an intersection, no person shall
46 so park a vehicle within twenty (20) feet from the
47 intersection of curb lines or, if none, then within
48 fifteen (15) feet of the intersection o:f property
49 lines.
50 (4) Within thirty (30) feet upon the approach to any
51 flashing beacon, stop sign or traffic-control
52 signal located at the side of a roadway.
53 (5) Between a safety zone and the adjacent curb or
54 within thirty (30) feet of points on the curb
55 immediately opposite the ends of a saf'ety zone,
56 unless a different length is indicated b,@ official
57 signs or markings.
58 (6) Within fifty (50) feet of the nearest rail of a
59 railroad grade crossing.
60 (7) Alongside or opposite any street excavation or
61 obstruction, when such parking would obstruct
62 traffic.
63 (8) At any place where official signs prohibit, reserve
64 or restrict parking.
65 (9) In a residential or apartment district (area) if
66 such vehicle is a commercial vehicle in excess of
67 twenty (20) feet in length and/or seven (7) feet in
68 height. This restriction shall not apply to
69 commercial vehicles parked while engaged in the
2
70 normal conduct of business or in the delivery of
71 provision of goods or services in a residential or
72 apartment district (area).
73 (10) At any place so as to prevent the use of a curb
74 ramp located on public property or on privately
75 owned property open to the public.
76 (c) When a notice or citation is attached to a veb.icle found
77 parked in violation of any provision of this section, the owner of
78 the vehicle may, within fourteen (14)
79 calendar days thereafter, pay to the city treasurer, in
80 satisfaction of such violation, a penalty of fifteen dollars
81 ($15.00), for a violation of any provision of subsecti,Dn (a), or
82 ten dollars ($10.00) for a violation of any provision of subsection
83 (b), for each hour or fraction thereof durinq which such vehicle
84 was unlawfully parked. Such payment shall constitute a plea of
85 guilty of the violation in question. If such payment is not
86 postmarked or received by the city treasurer within thi-ee (3)
87 wer!Eing fourteen (14) calendar days ef the eity after :receipt of
88 such notice or citation, the penalty shall be thirt@y dollars
89 ($30.00) for a violation of any provision of subsection (a) of this
90 section and twenty dollars ($20.00) for a violaticin of any
91 provision of subsection (b) of this section.
92 (d) The failure of any owner to make payment in accord with
93 subsection (c) above or present the notice or citation for a
94 violation of this section at any office of the city treasurer for
95 certification to the general district court, within tliirty (30)
96 days, shall render such owner, upon conviction of such 'violation,
97 subject to a fine of not more than fifty dollars ($50.OD).
98 Section 21-371. Parking in space reserved for handicapped persons.
99 (a) It shall be unlawful for a nonhandicapped ope:rator of a
100 motor vehicle to park in a parking space reserved for the
101 handicapped on public property or at privately owned parking areas,
102 unless such operator is using the motor vehicle to t]:-ansport a
103 handicapped person who has obtained a special license 1)late or a
104 special vehicle parking permit from the division of motor vehicles.
3
105 Any vehicle parked in a parking space reserved for the handicapped
106 shall display either a special license plate or a special vehicle
107 parking permit visible through the front windshield. Spaces
108 reserved for the handicapped shall be identified by above grade
109 signs in accordance with the provisions of Virginia Code Section
110 36-99.10. The words, "minimum penalty for violation $50.00,11 may
ill be posted on an accompanying sign.
112 (b) Any operator of a motor vehicle parked in vi,:)lation of
113 this section in a parking space reserved for the hand@Lcapped on
114 public property or at a privately owned parking area shall be
115 guilty of a Class 4 misdemeanor and may be issued a summons by a
116 police officer, without the necessity of a warrant beinig obtained
117 by the owner of such private parking area.
118 (c) When a notice or citation is attached to a vehicle found
119 parked in violation of this section, the owner of the vehicle may,
120 within eity iier]EinEj fourteen ( calendar days
121 thereafter, pay to the city treasurer, in satisfaction of such
122 violation, a penalty of fifty dollars (50.00). Such payinent shall
12 3 constitute a plea of guilty for the violation in question. If such
124 payment is not postmarked or received by the city treasu:r-er within
125 4ier-ldn@ days of the c@ity after
12 6 receipt of such notice or violation, the penalty sha.11 be one
127 hundred dollars ($100.00). The failure of any ownel,- to make
128 payment as prescribed above, or to present the notice ol- citation
129 for a violation of this section at an office of the city treasurer
13 0 for certification to the general district court, within tl,'Iirty (30)
131 days, shall render such owner, upon conviction of such Nriolation,
132 subject to a fine of not more than two hundred and fift,.y dollars
133 ($250.00).
134 Section 21-405. Prepayment of penalty for parking in violation of
135 division.
136 (a) When a notice is attached to a vehicle pursuant to
137 section 21-403, the owner of the vehicle may, within thr-ee (3) eity
138 wer!Eing fourteen (14) calendar days thereafter, pay to the city
139 treasurer, in satisfaction of the violation for which t@he notice
4
14 0 was given, a penalty of twelve dollars ($12.00) for each hour Or
141 fraction thereof during which such vehicle occupied a pal-king meter
142 space illegally. Such payment shall constitute a plea of guilty
14 3 to the violation in question. If such payment is not pos;tmarked or
144 received by the city treasurer within iier-]Einej ourteen
145 (14) calendar days after receipt of such notice, the penalty for
146 each hour or fraction thereof during which such vehicle occupied a
147 parking meter space illegally shall be twenty-fou.r dollars
148 ($24.00).
149 (b) The failure of any owner to make payment in accord with
150 subsection (a) above or present the citation or notice of violation
151 at any office of the city treasurer for certification to the
152 general district court, within thirty (30) days, shall render such
153 owner subject to prosecution for such violation and ttie penalty
154 prescribed by section 21-404.
155 Adopted by the council of the City of Virginia Beach, Virginia
156 on the 25 day of January 1994.
157 CA-5427
158 \ORDIN\PROPOSED\PARKING.ORD
159 R-2
160 JANUARY 12, 1994
AS I IGAI,
CJTY ATTORNEY
5
27 -
CONSENT AGENDA ITEM # 37638
UPon -tion by Vice Mayor sessoms, seconded by Council Lady Parker, City Council tl)OpTED:
Or,fi-- to APPROPRL4TE $1,223 from the Parb and Recreation
Gift Fund in accord with contributions made to the Department and
increase revenue fi-om donations accordingly.
Voting: 9-0
Council Members Voting Aye:
JOhn A. Baum, James W. Brazier, Jr., Robert W. Clyburn, Robert K
Dear4 Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf
Nancy K Parker and @ice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branch, III, and John D. Moss
January 25, 1994
I AN ORDINANCE TO APPROPRIATE $1,223 FROM THE
2 PARKS AND RECREATION GIFT FUND
3 IN ACCORD WITH CONTRIBUTIONS MADE TO THE DEPARTMENT
4
5 WHEREAS, the Parks and Recreation Gift fund receives cash do:aations from
6 citizens designated in trust agreements for the purchase of equipment;
7 WHEREAS, the Department of Parks and Recreation would like to appropriate
8 contributions in accord with trust agreements signed by private do,.'Iors;
9 WHEREAS, $1,223 in private donations ere contributed for equif)ment and are
10 residing in the fund balance of the Parks and Recreation Gift Fund;
11 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
12 that funds in the $1,223 be appropriated in the Parks and Recreati,Dn Gift Fund
13 in accord with trust agreements from private contributors;
14 BE IT FURTHER ORDAINED, that estimated revenue from donations in the Parks
15 and Recreation Gift Fund be increased by $1,223@
16 This ordinance shall be effective from the date of its adopt:Lon.
17 Adopted by Council of the City of Virginia Beach, Virgi.nia on the
18 25 January 11)94
of
APPROVED AS TO
LEGAL SUffiCIENCY
APPROVED AS TO CONTENT
Walter C. Kraemer, Jr.
Department of Management and Budget
28 -
CONSEAFT AGENDA ITEM # 37639
Upon motion by Vice Mayor SessonLs, seconded by Council Lady Parker, City Council ADOPTED.
Ordinance toACCEPT andAPPROPRL4TE $10,000 in Federal Funding
to the Deparhnent of Mental Healti4 Mental Retardation and Substance
Abuse to enhance Project Link re services for substance abusing women
and their children; anc4 $1,500 in State Funding to enhance the Virginia
Departinent of Motor Vehicles Protect Our Kids in Traffic (POKTT)
program re head injuries and handicapping conditions and increase
Federal and State revenues accordingly.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W Brazier, Jr., Robert W. Clybur?; Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,
Nancy K Parker and @ice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branch, III, and John D. Moss
January 25, 1994
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL
2 FUNDING IN THE AMOUNT OF $10,000 AND STATE FUNDING IN THE AMOUNT OF
3 $1,500 TO THE DEPARTMENT OF MR.NTAL HEALTH, MENTAL RETARDAI'ION,
4 AND SUBSTANCE ABUSE TO PROVIDE SERVICES FOR SUBSTANCE ABUSING
5 WOMEN AND THEIR CHILDREN AND TO SUPPLEMENT THE
6 VIRGINIA DEPARTMENT OF MOTOR VEHICLES POKIT PROGFAM
7
8 WHEREAS, the Community Services Board and the Department of Mental
9 Health, Mental Retardation, and Substance Abuse are respons;ible for the
10 coordination and implementation of mental health, inental retardation,
11 and substance abuse services;
12 WHEREAS, the department has received federal funding i-n the amount
13 of $10,000 to enhance Project Link which provides services f.or substance
14 abusing women and their children;
15 WHEREAS, the department has received state funding in t-he amount of
16 $1,500 for the Protect Our Kids in Traffic (POKIT) program designed to
17 prevent head injuries and handicapping conditions;
18 WHEREAS, the funding requires no local funding match or FTE'S.
19 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
20 VIRGINIA BP.ACH, VIRGINIA: 1. That funding in the amount of $10,000 be
21 accepted and appropriated from the federal government to en)7..ance Project
22 Link; 2. That funding in the amount of $1,500 be aLCcepted and
23 appropriated from the St@ate to enhance the Virginia DepartTr,ent of Motor
24 Vehicles POKIT program; 3. That appropriations be offset ]Dy a $10,000
25 increase in federal revenue and a $1,500 increase in state revenue for
26 the duration of the grants.
27 Adopted by the City Council of the City of Virginia Beach,
28 Virginia, on the 25t f, day of January 1994.
29 This ordinance shall be effective from the date of its adoption.
30 APPROVED AS TO CONTENT APPROVED AS TO
31 LM& SUffiCIENCY
32
29 -
CONSEA7'AGENDA ITEM # 37640
Up- -tion by Vice Mayor Sessoms, seconded by Councibnan Lanteigne, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRL4TE $1,500 from a
Commonwealth of Yzrginia Depart)nent of Motor Vehicle Grant re
purchase of a portable laser printer to enhance the inspection of motor
carriers within the City for the Police Departinent and increase revenues
accordingly.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, James W. Brazier, Jr., Robert W
Clyburn, Robert K Dear4 Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and rice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
Jariuary 25, 1994
AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,500 FROM A COMMONWEALTH OF
VIRGINIA DEPARTMENT OF MOTOR VEHICLE GRANT TO PURCHASE A PORTABLE LASER
PRINTER FOR THE MOTOR CARRIER SAFETY INSPECTIONS PROGRAM
1 WHEREAS, the Police Department applied for and received A "mini-grant" from the
2 Commonwealth of Virginia Department of Motor Vehicles to purchase a portable laser printer to use
3 in conjunction with a portable computer;
4 WHEREAS, funds from this grant is provided to the City on a reimburserrient basis;
5
6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA, that the grant frorn the Commonwealth of Virginia Department of
8 Motor Vehicles in the amount of $1,500 be accepted and appropriated for the purpose of
9 purchasing a portable laser printer to enhance the inspection of motor carriers within the City.
10
1 1 BE IT FURTHER ORDAINED, that estimated revenues from the Cc)mmonwealth in the
1 2 FY 1 993-94 Operating Budget be increased by $1,500.
1 3 Adopted by the Council of the City of Virginia Beach on 25 da,@ of January 1 994.
AS TC
ICIENCY
ro bd@lam@i@@to@ C te t@
- 30 -
Item 111-J. 7.
CONSENT AGENDA ITEM # 37641
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council .4DOPTED:
Ordinance to APPROPRL4TE $54,786 in State Intensified Drug
Assistance Program Grant Funds from the City of NorfoLk re acquisition
of local area network consponents and works@ons for the
Comprehensive Regional Information Management and Fxchange System
(CRIMES) and increase revenues accordingly,
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W Brazier, Jr., Robert W Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D ';essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Linwood 0. Branch, III, and John D. Moss
January 25, 1994
AN ORDINANCE TO APPROPRIATE $54,786 IN STATE INTENSIFIED DRUG ASSISTANCE PROGRAM GRANT
FUNDS FROM THE CITY OF NORFOLK FOR ACQUISITION OF COMPUTER TECHNOLOGY FOR THE
COMPREHENSIVE REGIONAL INFORMATION MANAGEMENT AND EXCHANGE SYSTEM (CRIMES)
1 WHEREAS, the City Council agreed to participate in the inter-jurisdictional agreement
2 related to the development and operation of a regional criminal justice reporting systerri (the
3 Comprehensive Regional Information Management and Exchange System, CRIMES);
4 WHEREAS, under this agreement the City of Norfolk is the fisca agent for the
5 region, and as such receives and distributes State grant funds which are recei\,ed to support the
6 development of the CRIMES project;
7 WHEREAS, the third year grant funds from the State Department of Criminal Justice
8 Services have been accepted with the City of Virginia Beach to receive $54,786;
9 WHEREAS, these funds will allow the City to purchase local area network
10 components and workstations required to allow inter-jurisdictional communications;
11 WHEREAS, the City has already provided its part of the required match for
12 participation in the regional grant, and no other budgetary impact of acceptanc:e of these funds is
13 anticipated in FY 1993-94.
14 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA, that $54,786 be appropriated for the purpose of 13urchasing necessary
16 local area network components and workstations related to the regional CRIME:S project.
17 BE IT FURTHER ORDAINED, that estimated revenues in the FY 1 993-94 Operating
18 Budget be increased by $54,786.
19 Adopted by the City Council of the City of Virginia Beach on 25_ day of
20 January 1994.
APPROVED AS TO
LIGAL SUFFICIENCY
31 -
CONSEA7'AGENDA ITEM # 37642
Upon motion by Councibnan Jones, seconded by Vice Mayor Sessoms, City Council ADOPTED.-
Ordinance to authorize acquisition of property in fee simple for
installation of a permanent pump station and outfall for Chemapea&e
Beach Drainage Phme I (CIP #2-817) and the acquisition of temporary
and permanent easements by agreement or condemnation(BAMDE
BOROUGH).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W Brazier, Jr., Robert W.
Clybur@ Robert K Dea?4 Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and ;'ice Mayor William D.
Sessona, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
1 AN ORDINANCE TO AUTHORIZE
2 ACQUISITION OF PROPERTY IN FEE
3 SIMPLE FOR INSTALLATION OF A
4 PERMANENT PUMP STATION AND OUTFALL
5 FOR CHESAPEAKE BEACH DRAINAGE PHASE
6 I (CIP 2-817) AND THE ACQUISITION OF
7 TEMPORARY AND PERMANENT EASEMENTS
8 EITHER BY AGREEMENT OR CONDEMNATION
9 WHEREAS, in the opinion of the Council of the City
10 of Virginia Beach, Virginia, a public necessity exists for the
11 installation of a permanent pump station and outfall to provide
12 normal elevation and control lake rises for the preservation of the
13 safety, health, peace, good order, comfort, convenience, and for
14 the welfare of the people in the City of Virginia Beach:
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
16 CITY OF VIRGINIA BEACH, VIRGINIA:
17 Section 1. That the City Council authorizes the
is acquisition by purchase or condemnation pursuant to Sect@ions 1.5.1-
19 236, et sea., 15.1-898, 15.1-899, Title 25-46.1 et sea., Code of
20 Virginia of 1950, as amended, all that certain real property in fee
21 simple, including temporary and permanent easements as shown on the
22 plans entitled "CHESAPEAKE BEACH DRAINAGE PHASE I C.I.P. #2-817
23 SCALE: 111 = 4001,11 this plan being on file in the office of Real
24 Estate Department of Public Works, Virginia Beach, Virginia.
25 Section 2. That the City Manager is hereby
26 authorized to make or cause to be made on behalf of t.he City of
27 Virqinia Beach, to the extent that funds are ava,ilable, a
28 reasonable offer to the owners or persons having an interest in
29 said lands. If refused, the City Attorney is hereby aut@horized to
30 institute proceedings to condemn said property.
31 Adopted by the Council of the City of Virginia
32 Beach, Virginia, on the 25 day of January 1994.
33 CA-5415
34 NONCODE\CA5415.ORD
35 R-1 APPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENR
APPROVED As TO LEGAL
S@fFici@NCY A= FO#x
..ICITY ATTORNEY
- 32 -
item iii-J.9.
CONSEAT AGENDA ITEM # 37643
Upon motion by ilice Mayor Sessona, seconded by Council Lady Parker, City Council .4DOPTED:
Ordinances appointing viewers in the petitions of the Georgia-Pacific
Corpomdon for the closure of portions of streets in the KEMPSVILLE
BOROUGH
a. Mac Street
b. Price Street
7he Viewers are:
David M. Grochmal Director of General @rvices
Robert J. Scott Director of Planning
Ralph A. &nith Director of Public Works
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W Brazier, Jr., Robert W Clybur?4 Robert K
Dea?4 Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf
Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branck III, and John D. Moss
January 25, 1994
ORDINANCE APPOINTING VIEWERS
WHEREAS, GEORGIA-PACIFIC CORPORATION has given due and
proper notice, in accordance with the statutes for such cases
made and provided that they will on the 25th day of January,
1994, apply to the City Council of the City of 'Virginia Beach,
Virginia, for the appointment of Viewers to view the
below-described property and report in writing to the Council
whether, in the opinion of said Viewers, any, aild if any, what
inconvenience would result from the discontinuance of the
hereinafter described portions of those certain streets of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT,
and are
hereby appointe escribed property and
report in writing to the Council on or before
1994, whether in their opinion, any, and if any, what
inconvenience would result in the discontinuing and vacating of
Portions of those certain streets of variable wi.dth located in
the City of Virginia Beach, Virginia, and more particularly
described as follows:
SEE ATTACHED EXHIBIT -A'
All of the above as shown upon tbat certain plat
entitled, "PRELIMINARY RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE: STREET AND A
PORTION OF MAC STREET, Kempsville Borough, Virginia Beach,
Virginia", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
afore-described street.
Adopted bv the Council of the City of Virginia Beach, Virginia, on
the 25 dy f January i994.
4271i
ES. C..@ES BOU.00@
-ER@ &S.AIIRO @ C
IA.
EXHIBIT 'A-
LEGAL DESCRIPTION
PORTION OF MAC STREET (UNIMPROVED)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled 'PRELIMINARY RESUBDIVISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Inc., designated
as MAC STREET (50- R/W) and being more particu'Larly described
as beginning at the point of intersection of the southern
right-of-way line of 30 foot wide right-of-way known as Rouse
Drive and the western right-of-way line of an unimproved 50
foot wide right-of-way known as Mac Street, south 191 55' 00"
East along the western@ right-of-way line of Mac Street a
distance of 20 feet tb the TRUE POINT OF BEGINNING, thence
south 19' 55' 00' East 355.82 feet along the western
right-of-way line of Mac Street to the point cof intersection
with the northern right-of-way line of State Route 44; thence
following the northern right-of-way line of State Route 44, in
a southeasterly direction along the arc of a curve with a
radius of 3709.72 feet an arc distance of 80.53 feet to the
point of its intersection with the eastern right-of-way line of
MAC STREET; thence north 191 55' 00" west 418.95 feet along
the eastern right-of-way line of Mac Street to the point of its
intersection with the southern right-of-way ]@ine of Rouse
Drive; thence south 70' 05' east 50 feet to the TRUE POINT OF
BEGINNING.
4262i
ES C.A@ES SO..CO@
E.@ A S..@.AO . C
.110.@@s .1 I..
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS MAC STREET, SHOWN UPON
THAT CERTAIN PLAT ENTITLED, --PRELIMINARY
RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF
PRICE STREET AND A PORTION OF MAC STREET,
KEMPSVILLE BOROUGH, VIRGINIA BEACH,
VIRGINIA".
WHEREAS, it appearing by aefidavit that@ proper notice
has been given by GEORGIA-PACIFIC CORPORATION, that they would
make application to the Council of the City of ifirginia Beach,
Virginia, on January 25, 1 9 9 4 ,to have a portion of the
hereinafter described street discontinued, closed., and vacated;
and
WHEREAS, it is the judgment of the Council that the
portion of said street be discontinued, closed, aiid vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter descril)ed street be
discontinued, closed, and vacated:
SEE ATTACHED EXHIBIT 'A'
Said parcel of land being a portion of Mac Street as indicated
on that certain street closure plat of property to be vacated
adjoining and adjacent to the properties of the Petitioners
located in the Kempsville Borough, Virginia Beach, Virginia,
which plat is to be recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, 'Virginia, upon
adoption of this ordinance, and which is made a part hereof by
reference.
SECTION II
'@ES C.@@ES .0@.00@
@.E.@ & S.",.O I c
A certified copy of this ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
- 1
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
SECTION III
This Ordinance shall be effective one hundred eighty
(180) days from the date of its adoption.
SECTION IV
Adopted:
4264i
@ES C..@ES, 80@.00.
A@E@. & S.A@1.0 @ C
Al 1.@
2
EXHIBIT 'A'
LEGAL DESCRIPTION
PORTION OF MAC STREET (UNIMPROVED)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled "PRELIMINARY RESUBDIIJISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSVILLE' BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., In,::., designated
as MAC STREET (50- R/W) and being more particuli)rly described
as beginning at the point of intersection of the southlrn
right-of-way line of 30 foot wide right-of-way k.nown as Rouse
Drive and the western right-of-way line of an unimproved 50
foot wide right-of-way known as Mac Street, south 19- 55, 00,-
East along the western right-of-way line of Mac Street a
distance of 20 feet to the TRUE POINT OF BEGINNING, thence
south 19@ 5 5 ' 00" East 3 5 5 . 8 2feet along the western
right-of-way line of Mac Street to the point of@ intersectio,
with the northern right-of-way line of State Route 44; thence
following the northern right-of-way line of State Route 44, in
a southeasterly direction along the arc of a curve with a
radius of 3709.72 feet an arc distance of 80.5:3 feet to the
point of its intersection with the eastern right-cf-way line of
MAC STREET; thence north 19* 55' 00" west 418.95 feet along
the eastern right-of-way line of Mac Street to the point of its
intersection with the southern right-of-way li-ne of Rouse
Drive; thence sotith 70, 05' east 50 feet to the TRUE POINT OF
BEGINNING.
4262i
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V rginia Bsach, VA 23452 Nafte
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fiidavit
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STATE OF VIRGINIA Of
CITY OF VIRGINIA BEACH
to wit: to
V@ m
This day Cindy Sessoms
personally appeared before me do
and after being duly sworn made
oath:
(1) (He) (She) is affidavit rlerk of
a newspaper published by Byedy
Publications, in the cily of Virginia ALL THAT CORTAIN Ma
01 PARCEL OF LA"
Beach, State of Virginia; SRMAM LYM AND REM
(2) That the advertisement IN THR KEMPSVILLS
BOROUGH OF VIROINIA
hereto annexed of BMM Vilta@ u dio" c*
R. E@id $,,,Ado., J4, - E6Q@te 6m piK @ @ARY
has been published, in said
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dates:
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this i th day of tA womm d&-d."Y -
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19 94
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GEORGIA-PACWIC
P- Ed@ @ J'@
E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, GEORGIA-PACIFIC CORPORATION
respectfully represents as follows:
1. That pursuant to the provisioi,.Is of Section
15.1-364 of the 1 9 5 0Code of Virginia, aE; amended, the
petitioner applies for the vacating, closing, and
discontinuance of a portion of that certain platted street,
which is more specifically described as follows:
SEE ATTACHED EXHIBIT 'A-
Said parcel of land being a portion of Mac Stree@t (50' R/W), as
indicated on that certain plat entitled, "PRELIMINARY
RESUBDIVISION PLAT OF PROPERTY OF GEORGIA-PACIFIC CORPORATION
FOR CLOSURE OF PRICE STREET AND A PORTION OF MAC STREET,
Kempsville Borough, Virginia Beach, Virginia", which plat is
attached hereto and made a part hereof and i.ntended to be
recorded with the Ordinance closing the afore-described street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance of said
street; and the petitioner prays that this Hoilorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the day of 1 9 9 4 ,as to
whether in the opinion of said viewers, what in,::onvenience, if
any, would result from the discontinuance and c:losing of this
portion of said street, as herein reported and described.
3. That on the 10th d a y o f J-uary --, 1 9 9 4 ,
Notice of the presenting of this Application was posted at the
Courthouse of the Circuit Court of the City of Virginia Beach,
Virginia, on the premises to be closed, and at the City Hall
IKES, C ... ES 80@.00@ Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia,
..E.. a S..@1.0 @ c
as evidenced by the Affidavit attached hereto, and a copy of
said Notice.
4 . That the Petitioner is the owner :Ln fee simple of
all land along and adjacent to the said portion of the platted
street to be closed.
Respectfully stibmitted,
GEORGIA-PK4@' CORPORATION
By.
Of Counsel.
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One - Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
4263i
'@ES CA.@ES BO@.00@
..EA. & S.A@.@O @ C
2
EXHIBIT 'A'
LEGAL DESCRIPTION
PORTION OF MAC STREET (UNIMPROVED)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled 'PRELIMINARY RESUBDIVISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSNRILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Iric., designated
as MAC STREET (50- R/W) and being more particularly described
as beginning at the point Of intersection of the southern
right-of-way line of 30 foot wide right-of-way :known as Rouse
Drive and the western right-of-way line of an unimproved 50
foot wide right-of-way known as Mac Street, south 19- 55, Oo,-
East along the western right-of-way line of Mac Street a
distance of 20 feet to the TRUE POINT OF BEGINNING, thence
south 19* 5 5 ' 00" East 3 5 5 . 8 2feet along the western
right-of-way line of Mac Street to the point of intersection
with the northern right-of-way line of State Route 44; thence
following the northern right-of-way line of State Route 44, in
a southeasterly direction along the arc of a curve with a
radius of 3709.72 feet an arc distance of 80.53 feet to the
point of its intersection with the eastern right-of-way line of
MAC STREET; thence north 191 55' 00" west 418.,95 feet along
the eastern right-of-way line of Mac Street to the point of its
intersection with the southern right-of-way line of Rouse
Drive; thence south 701 05' east 50 feet to the TRUE POINT OF
BEGINNING.
4262i
ES C..@ES so@.Do@
-ER. A S..@IRO @ C
@O-@ I @E
PLEASE TAKE NOTICE, that at the meeting of the Cit,
Council of the City of virginia Beach, Virginia, to b, h,ld
the 25th day of January, 1994, at 6:00 p.m., at: the City Hall
of the City of Virginia Beach, at Princess Anne, the
undersigned will petition the Council for the appointment of
viewers to view the below-described portion of a certain
street and to report to the City Council ,Thether in the
opinion of the Viewers, what, if any, inconvenience would
result from the vacating, closing and discontir.uance of same,
the said portions of said streets being describeci as foll,ws:
PORTION OF MAC STREET (Unimproved)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND
SITUATE, LYING AND BEING IN THE KEMPCVILLE
BOROUGH OF VIRGINIA BEACH, VIRGINIA as shown
on that plat entitled "PRELINIINARY
RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF
PRICE STREET AND A PORTION OF MAC ST'REET,
KEMPSVILLE BOROUGH, VIRGINIA BEACH,
VIRGINIA", prepared by T.E.S., Inc.
designated as Mac Street (50' R/W) and being
more particularly described as beginnizig at
the point of intersection of the southern
right-of-way line of a 30 foot wide
right-of-way known as Rouse Drive and the
western right-of-way line of an unimproved
50 foot wide right-of-way known as Mac
Street, south 19' 55' 00" East along the
western right-of-way line of Mac StrE!et a
distance of 20 feet to the TRUE POI@IT OF
BEGINNING; thence south 191 5 5 .00" East
355.82 feet along the western right-of-way
line of Mac Street to the point' of
intersection with the northern right-of-way
line of State Route 44; thence following
the northern right-of-way line of State
Route 44, in a southeasterly direction along
the arc of a curve with a radius of 3709.72
feet an arc distance of 80.53 feet tc, the
point of its intersection with the eastern
right-of-way line of MAC STREET; t.@ence
north 191 55' 00" west 418.95 feet alon(I the
eastern right-of-way line of Mac Street to
the point of its intersection with the
southern right-of-way l@.ne of Rouse Drlive;
thence south 70' 0 5 ' east 50 feet to the
TRUE EIOINT OF BEGINNING.
I.ES. CA@@ES 00.@OO@
..E@. I S.A@l@O @ C
At that time, anyone afeected may appear and be heard.
After the report of the viewers is received, at t@le
next regular meeting of the City Council, or as soon thereafter
as the matter may be placed on the agenda, the Jndersigned will
Petition the City Council to vacate, close and discontinue t@,e
portions of that street in the City of Ilirginia Beach,
Virginia, described above.
GEORGIA-PACIFIiC CORPORATION
By
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON 8, AHERN, P,C.
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-2989
(804) 499-8971.
4266i
Sl@ES C..@ES 80@.00.
&
2
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, R. Edward Bourdon, Jr., attorney for
GEORGIA-PACIFIC CORPORATION, being first duly sworn, deposes
and states:
1. That I am an attorney at law and represent
GEORGIA-PACIFIC CORPORATION.
2. That on the 10th day of January, 1994, I posted
notice of the application to close a portion of that certain
platted street of variable width designated as ]?rice Street on
behalf of GEORGIA-PACIFIC CORPORATION, for the appointment of
Viewers, and said Notice was posted at the follo',Fing locations:
(a) COURTHOUSE - Circuit Court of the City
of Virginia Beach, Virginia, Bulletin Bc,ard;
(b) CITY HALL ANNEX - 19th street and
Arctic Avenue, Virginia Beach, Virg[inia,
Bulletin Board; and
SEE ATTACHED EXHIBIT 'A'
3. That on the 7th day of January, 1994 and the 14th
day of January, 1994, the above referenced notice was published
in the Virginia Beach Sun, a newspaper of general circulation
in the City of Virginia Beach, Virginia as evidenced by the
publisher's affidavit attached hereto.
And further the deponent s
Subscribed and sworn to before me this 18th day of
January, 1994.
No @ry Pubffc--
My Commission Expires: August 31, 1994
I.ES C.@@ES 00@.@O@
A.E.. a S..Il@o I C
4275i
EXHIBIT -A'
LEGAL DESCRIPTION
PRICE STREET
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled "PRELIMINARY RESUBDIVISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Iric., designated
as PRICE STREET (50' R/W) and being more particu'Larly described
as Beginning at the point of intersection of the southern
right-of-way line of ROUSE DRIVE and the westel:n right-of-way
line of PRICE STREET, south 191 55' 00" east 566.51 feet along
the western right-of-way line of Price Street to a point,
thence along the right-of-way line of Price Street in a
southerly direction along the arc of a curve with a radius of
50' an arc distance of 36.14 feet to a point, thence along the
right-of-way line of Price Street in a southerly direction
along the arc of a curve with a radius of 50' an arc distance
of 88.50 feet to a point; thence south 191 55' 00" east 8.16
feet along the western right-of-way line of Price Street to its
point of intersection with the northern right-c)f-way line of
STATE ROUTE 44; thence following the northern right-of-way
line of State Route 44 in a southeasterly direction along the
arc of a curve with a radius of 3709.72 feet an arc distance of
70.74 feet to the point of its intersection with the eastern
right-of-way line of Price Street; thence north 191 55' 00"
west 58.20 feet along the eastern right-of-way line of Price
Street to a point; thence along the right-of-way line of Price
Street in a northerly direction along the arc of a curve with a
radius of 50 feet an arc distance of 88.50 feet@ to a point;
thence along the right-of-way line of Price Street in a
northerly direction along the arc of a curve with a radius of
50 feet an arc distance of 36.14 feet to a point; thence north
191 55' 00' west 566.51 feet along the eastern right-of-way
line of Price Street to a point; thence south 71)' 05' west 50
feet to the point of Beginning.
4268i
ES C.R@ES B01.00@
.E.N A S..@l@O I C
."O.N@IS .1 1.@
SYKES, CARNES, BOURDON& AHERN, P. C.
JON M. AHEPN ATTOR-NEYS AND COUNSELORS IT LA'
R EDWAR.D BOUR.DON, JR. TELEPHONE 499 8971
THOMAS S. CARNES PEMBROKE OFFICE PAPK AREA CODE 804
LJNDA NYE HUSS PEMBROKE ONE-THE FIFTH FLOOR FACSIMILE (804) 456-5445
KEITH L. KIMBALL VIRGINIA BEACH, VIRGINIA 23462 2989 OR 671-1454
KIR,K B. LEVY
JENNIFER D. ORAM-SMITH December 28, 1993
JAMES L@ PEDIGO, JR.
HOWAP,D R. SYKES, JR.
I, R. Edward Bourdon, Jr. attorney for Georgia-Pacific
Corporation do hereby certify that:
1. am an attorney at law and represent
Georgia-Pacific Corporation.
2. That based upon my examination of title, it is my
opinion that if the portion of the street sought to be closed
is discontinued, closed and vacated by the Council of the City
of Virginia Beach, Virginia, then title to said st@reet will
vest in the City of Virginia Beach, Virginia, a municipal
corporation, subject to the rights of the abutting property
owner.
3. The portion of street to be closed, referred to
herein is described as follows:
SEE ATTACHED EXHIBIT 'A'
SYKES, CAR OURDON & AHERN, P.C.
By:
4278i
ORDINANCE APPOINTING VIEWERS
WHEREAS, GEORGIA-PACIFIC CORPORATION has given due and
proper notice, in accordance with the statutes for such cases
made and provided that they will on the 25th (Jay of January,
1994, apply to the City Council of the City of Virginia Beach,
Virginia, for the appointment of Viewers to view the
below-described property and report in writing to the Council
whether, in the opinion of said viewers, any, and if any, what
inconvenience would result from the disconti.nuance of the
hereinafter described portions of those certain streets of
variable width, and has filed such applicat.ion with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT, Scc)tt
Ralph A Smit-h
and Daviti M Grc)r-hmql
are
hereby appointed to view the below describel pro@erty and
report in writing to the Council on or before
19 94 , whether in their opinion, any, and if any, what
inconvenience would result in the discontinuing and vacating of
portions of those certain streets of variable width located in
the City of Virginia Beach, Virginia, and more particularly
described as follows:
SEE ATTACHED EXHIBIT 'A-
All of the above as shown upon that certain plat
entitled, "PRELIMINARY RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE STREET AND A
PORTION OF MAC STREET, Kempsville Borough, ilirginia Beach,
Virginia", which plat is attached hereto and made a part hereof
and intended to be recorded with the Ordinance closing the
afore-described street.
Adopted by the Council of the City of Virginia Bc@ach, Virginia, on
the 25 day of January 1994.
4265i
SI.ES "A@ES 801.00.
..Eq@ & S.A@IRO I c
EXHIBIT 'A'
LEGAL DESCRIPTION
PRICE STREET
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled 'PRELIMINARY RESUBDIVISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Ilic., designated
as PRICE STREET (50' R/W) and being more particularly described
aS Beginning at the point Of intersection of the southern
right-of-way line of ROUSE DRIVE and the westel@n right-of-way
line of PRICE STREET, south 19- 55- 00' east 566.51 feet along
the western right-of-way line of Price Street to a point,
thence along the right-of-way line of Price Street in a
southerly direction along the arc of a curve with a radius of
50' an arc distance of 36.14 feet to a point, thtence along the
right-of-way line of Price Street in a southerly direction
along the arc of a curve with a radius of 50- an arc di,tance
of 88-50 feet to a point; thence south 19' 55' 00" east 8.16
feet along the western right-of-way line of Price Street to its
point of intersection with the northern right-of-way line of
STATE ROUTE 44; thence following the northern right-of-way
line of State Route 44 in a southeasterly direc!tion along the
arc of a curve with a radius of 3709.72 feet an arc distance of
70.74 feet to the point of its intersection with the east,,n
right-of-way line of Price Street; thence north 191 55' 00"
west 58.20 feet along the eastern right-of-way line of Price
Street to a point; thence along the right-of-way line of Price
Street in a northerly direction along the arc of a curve with a
radius of 50 feet an arc distance of 88.50 feet: to a point;
thence along the right-of-way line of Price Street in a
northerly direction along the arc of a curve with a radius of
50 feet an arc distance of 36.14 feet to a point; thence north
191 55' 00" west 566.51 feet along the easterl',l right-of-way
line of Price Street to a point; thence south 701 05' west 50
feet to the point of Beginning.
4268i
..E.@ a S..@1.0c
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET, KNOWN AS PRICE STREET, SHOWN UPON
THAT CERTAIN PLAT ENTITLED, ..PRELIMINARY
RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF
PRICE STREET AND A PORTION OF MAC STREET,
KEMPSVILLE BOROUGH, VIRGINIA BEACH,
VIRGINIA".
WHEREAS, it appearing by affidavit that proper notice
has been given by GEORGIA-PACIFIC CORPORATION, t-.hat they would
make application to the Council of the City of Virginia Beach,
Virginia, on January 25, 1994, to have a portion of the
hereinafter described street discontinued, close(J, and vacated;
and
WHEREAS, it is the judgment of the Cc,uncil that th,
portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the C4@ty of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
SEE ATTACHED EXHIBIT -A'
Said parcel of land being a portion of Price Street as
indicated on that certain street closure plat of property to be
vacated adjoining and adjacent to the prope@rties of the
Petitioners located in the Kempsville Borough, ifirginia Beach,
Virginia, which plat is to be recorded in the ClE@rk's office of
the Circuit Court of the City of Virginia Beach, Virginia, upon
adoption of this ordinance, and which is made a part hereof by
reference.
SECTION II
'@ES C@.@ES BOUROON
S.-,@O @ C
A certified copy of this Ordinance sha@Ll be filed in
the office of the Circuit Court of the City of %Firginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
SECTION III
This Ordinance shall be effective one hundred eighty
(180) days from the date of its adoption.
SECTION IV
Adopted:
4270i
@ES C ... ES 80@ROO@
@-E-N&S.A@IAO @C
All.@.EIS .1 1.@
2
EXHIBIT 'A'
LEGAL DESCRIPTION
PRICE STREET
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled 'PRELIMINARY RESUBDIVISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Inc., designated
as PRICE STREET (50' R/W) and being more particularly described
as Beginning at the point of intersection of the southern
right-of-way line of ROUSE DRIVE and the western right-of-way
line of PRICE STREET, south 19- 55- 00" east 56E;.51 feet along
the western right-of-way line of Price Street to a point,
thence along the right-of-way line of Price Street in a
southerly direction along the arc of a curve with a radius of
50' an arc distance of 36.14 feet to a point, thence along the
right-of-way line of Price Street in a southerly direction
along the arc of a curve with a radius of 50- an arc distance
of 88.50 feet to a point; thence south 19' 55. 00" east 8.16
feet along the western right-of-way line of Price Street to its
point of intersection with the northern right-l:)f-way line of
STATE ROUTE 44; thence following the northern right-of-way
line of State Route 44 in a southeasterly direc:tion along the
arc of a curve with a radius of 3709.72 feet an arc distance of
70.74 feet to the point of its intersection with the eastern
right-of-way line of Price Street; thence north 191 55' 00"
west 58.20 feet along the eastern right-of-way line of Price
Street to a point; thence along the right-of-way line of Price
Street in a northerly direction along the arc of a curve with a
radius of 50 feet an arc distance of 88.50 feet to a point;
thence along the right-of-way line of Price Street in a
northerly direction along the arc of a curve with a radius of
50 feet an arc distance of 36.14 feet to a point,; thence north
19* 55' 00" west 566.51 feet along the eastern right-of-way
line of Price Street to a point; thence south 701 05' west 50
feet to the point of Beginning.
4268i
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The Virginia Beach Sun
138 South Rosemont Road, Suite 209
Virginia Beach, VA 234521 I
T@ MNCE. tmt
at de @ of tk CUy Cbuncil
affidavit of tm City of V@ Bwb,
@ to bo kM on cM UM dey
of J@. 19%, a 6.M P.M.. at
STATE OF VIRGINIA tk City Haff of die City of
CITY OF VIRGINIA BEACH V@ @ at
tk pbod wiU PaUdon tbe
to wit: @H for the @tment of
vimm io view the below@
This day . Cindy Sessoms @@ofs mw
md to @ ID ik Cky
personally appeared before me w@ In the opinim of the
Vi--. what. if any. Ww@
and after being duly sworn made @ "W ma fiam the mu.
oath: in, @ Ed of
(1) (He) (She) is affidavit clerk of ume. dw =W of @d
@bft u f@
a newspaper published by Byedy FORTION OF MAC STREET
Publications, in the city of Virginia ftm
Beach, State of Virginia; -LAND
(2) That the advertisement 13EM
XEMPSVILLE
hereto annexed of @,6F VntOlMA
R.EdwAd BouAdon.JL..E6ouiAe B VIRGIMA n @ on
dim go addw ARY
has been published, in said Ri7@DIVISION PLAT OF
newspaper on the following PROPERTY Olu OBORGIA-li
PACIRC CORPORATION POR
dates: - CLA)SURE OF MCE
1-14-94 AND A POlt7loN OF MAC
1- 7-94 STREET, KEMPSVILLE
BOROUOK VDTGDRA BRACK
KEMPSVILLE BOROUGH,
19 VMOIMA BRACK VOtOn",.
T.B,S, im
n mu sum (W R/W) and-Wn
ffiant is be.
rn to before Um Of
me in my city and state aforesaid
this 17 th day of uaA riskof-way Ha of an mft@
1 9 94 SD foot M& d&-d-ww @ n
mu s@ MA 19, 55, 00, EM
My commission expires ows dw w@ d&-a-way Hoe
Marc 19 97 of Mw Sum a dimm of 20 im
to the TRUE PODIT OF
BBO . dmn @ 191 $r
Notary Public 00' Ean 355.82 fou @ the
@ dsbt-of-way un of Mac
Suw to the polm of
with the ri&-d-way line
of Stm Roue 44; dmm fo@
dw @ irism-of-way Ii" of
State Roum 44, In a y
OWS dw wt of a mm
vdth a r"us 4 3709.72 fea an arc
of 80 113 fed eD tbe point
of Its don widi dhe antem
fight-of-way , line of MAC
. @ north 190 55, ov
west 41"5 fm @ tbe @
right-cf-way Hae of Rouse Ddvo:
@ md 701 05'mK 50 fca ic
the TRUE POINT OF
BW
At dat dme, anyow affamd ow
@ mdbe@
Afher dw @ of ft Viewm Is
@V04 at the next m@ @
of the Cfty Co@. or as @
ther@ as tbe matt" may be
p*M on the agenda, dw ander-
siSned will Pedtion the City
Council to mm. clan OW @
dnua the @$ of dku @ In
the City of Virginia Beach,
V@ @bed @
GEORGIA-PACIFIC
CORPORA71ON
R. Ed"M Bourdon, Jr.,
SYKES, CARNES, BOURD014
& AHERN, P.C-
Peinbroke One, 77w Fifth @ r
Virginia Bench. Viqinis 23462-
2989
(804) 499,8971
1-9
P T I T N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, GEORGIA-PACIFIC CORPORATION
respectfully represents as follows:
1. That pursuant to the provisioris of Section
15.1-364 of the 1950 Code of Virginia, as amended, the
petitioner applies for the vacating, closing, and
discontinuance of a portion of that certain E)Iatted street,
which is more specifically described as follows:
SEE ATTACHED EXHIBIT 'A-
Said parcel of land being a portion of Price Sti7eet (50- R/W),
as indicated on that certain plat entitled,, "PRELIMINARY
RESUBDIVISION PLAT OF PROPERTY OF GEORGIA-PACIF,IC CORPORATION
FOR CLOSURE OF PRICE STREET AND A PORTION OF MAC STREET,
Kempsville Borough, Virginia Beach, Virginia", which plat is
attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the afore-des(@ribed street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discont@Lnuance of said
street; and the petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the day of 1994, as to
whether in the opinion of said Viewers, what inconvenience, if
any, would result from the discontinuance and c@.Losing of this
portion of said street, as herein reported and described.
3. That on the 10th day of _l __, 1 9 9 4 ,
Notice of the presenting of this Application was posted at the
Courthouse of the Circuit Court of the City of Virginia Beach,
Virginia, on the premises to be closed, and at the City Hall
@ES C ... ES BOI.00- Annex, 19th Street and Arctic Avenue, Virginia Beach, Virginia,
..E@. A S.All@O
as evidenced by the Affidavit attached hereto, iind a copy of
said Notice.
4 . That the Petitioner is the owner i.n fee simple of
all land along and adjacent to the said portion of the platted
street to be closed.
Respectfully suibmitted,
GEORGIA- C@ CORPORATION
By
Of Counsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One - Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
4269i
I.ES CA@@ES BOI@00.
..E@@&S.All@O IC
2
EXHIBIT 'A'
LEGAL DESCRIPTION
PRICE STREET
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled 'PRELIMINARY RESUBDIVISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", prepared by T.E.S., Inc., designated
as PRICE STREET (50' R/W) and being more particul.arly described
as Beginning at the point of intersectio, f the southern
right-of-way line of ROUSE DRIVE and the western right-of-way
line of PRICE STREET, south 19- 55- 00" east 566.51 feet along
the western right-of-way line of Price Street: to a point,
thence along the right-of-way line of Price Street in a
southerly direction along the arc of a curve with a r,dius f
50' an arc distance of 36.14 feet to a point, thence along the
right-of-way line of Price Street in a Southerly direction
along the arc of a curve with a radius of 50' aii arc distance
of 88.50 feet to a point; thence south 19' 55, 00" east 8.16
feet along the western right-of-way line of Price Street to its
point of intersection with the northern right-cf-way line of
STATE ROUTE 44; thence following the northerrl right-of-way
line of State Route 44 in a southeasterly direction along the
arc of a curve with a radius of 3709.72 feet an arc distance of
70.74 feet to the point of its intersection with the eastern
right-of-way line of Price Street; thence north 19' 55- 00-'
west 58.20 feet along the eastern right-of-way line of Price
Street to a point; thence along the right-of-way line of Price
Street in a northerly direction along the arc of a curve with a
radius of 50 feet an arc distance of 88-50 feet to a point;
thence along the right-of-way line of Price Street in a
northerly direction along the arc of a curve with a radius of
50 feet an arc distance of 36.14 feet to a point; thence north
19* 55' 00" west 566-51 feet along the easterr@ right-of-way
line of Price Street to a point; thence south 7C)l 05. west 50
feet to the point of Beginning.
4268i
ES C--@ES 80@@DO@
E.. & S..@IRO @ C
-110.@E'S .1 I..
@@T I c E
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia,, to be h,ld n
the 25th day of January, 1994, at 6:00 p.m., al: the City Hall
of the City of Virginia Beach, at Pr i NCE@S S Anne, th(@
undersigned will petition the (-ouncil for the appointment of
Viewers to view the below-described portion Of a certairi
street and to report to the City Council ;Qhether in thE@
opinion of the Viewers, what, if any, inconvenience would
result from the vacating, closing and discontitiuance of same,
the said portions of said streets being describe,J as follows:
PORTION OF PRICE STREET
ALL THAT CERTAIN PIECE OR PARCEL OF LAND
SITUATE, LYING AND BEING IN THE KEMP@3VILLE
BOROUGH OF VIRGINIA BEACH, VIRGINIP,, as
shown on that plat entitled "PRELI14INARY
RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF
PRICE STREET AND A PORTION OF MAC S'CREET,
KEMPSVILLE BOROUGH, VIRGINIA 13EACH,
VIRGINIA", prepared by T.E.S., Inc.,
designated as PRICE STREET (50' R/W) and
being more particularly described as
Beginning at the point of intersecti,:)n of
the southern right-of way line of ROUSE
DRIVE and the western right-of-way line of
PRICE STREET, south 19' 55' 00" east E@66.51
feet along the western right-of-way line of
Price Street to a point, thence alon(I the
right-of-way line oE Price Street in a
southerly direction along the arc of a curve
with a radius of 50 ' an arc distan(,,e of
3 6 . 14 feet to a point, thence along the
right-of-way line of Price Street in a
southerly direction along the arc of a curve
with a radius of 5 0 an arc distanc@e of
88.50 feet to a point; thence south 191 55'
00" east 8.16 feet along the western
right-of-way line of Price Street to its
point of intersection with the northern
right-of-way line of STATE ROUTE 44; thence
following the northern right-of-way lilie of
State Route 44 in a southeasterly direction
along the arc of a curve with a raditis of
3709.72 feet an arc distance of 70.74 feet
to the point of its intersection witti the
eastern right-of-way line of Price Street;
thence north 191 55' 00" west 5 8 . 2 0 f eet
along the eastern right-of-way line of Price
S@-ES C..@ES 80.@DO@
..ER@ A S..@,@O I C Street to a point; thence along the
right-of-way line of Price Street :Ln a
north,-rly direction along the arc oE a curve
with a radius of 50 fee@ an arc distanc@e of
8 8 . 5 0feet to a point thence along the
right-of-way line of Price Street in a
northerly direction along the arc of a curve
with a radius of 50 feet an arc distance of
36.14 feet to a point; thence north 19' 55'
00" west 566.51 feet along the eastern
right-of-way line of Price Street to a
point; thence south 701 05' west 50 feet tc
the point of Beginning.
At that time, anyone affected may appear and be heard,
After the report of the Viewers is receiv ed, at tile
next regular meeting of the CitY COLincil, or as soon thereafte@r
as the matter may be placed on the agenda, the undersigned wi@Ll
Petition the City Council to vacate, close and discontinue tlie
portions of that street in the City of Virginia Beach,
Virginia, described above.
GEORGIA-PACIFIC CORPORATION
By
ounsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-2989
(804) 499-8971
4272i
sl@ES@ C-@ES so@@col
..Eq@ I S..@1.0 I c
2
VIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, R. Edward Bourdon, Jr., attorney for
GEORGIA-PACIFIC CORPORATION, being first duly sworn, deposes
and states:
1. That I am an attorney at law and represent:
GEORGIA-PACIFIC CORPORATION.
2. That on the 10th day of January, 1994, I posted
notice of the application to close a portion of that certain
platted street of variable width designated as unimproved Mac
Street on behalf of GEORGIA-PACIFIC CORPORATION, for the
appointment of Viewers, and said Notice was posted at the
following locations:
(a) COURTHOUSE - Circuit Court of the City
of Virginia Beach, Virginia, Bulletin Boiard;
(b) CITY RALL ANNEX - 19th street and
Arctic Avenue, Virginia Beach, Virg.Lnia,
Bulletin Board; and
SEE ATTACHED EXHIBIT 'A'
3. That on the 7th day of January, 1994 and the 14th
day of January, 1994, the above referenced notice was published
in the Virginia Beach Sun, a newspaper of general circulation
in the City of Virginia Beach, Virginia as evi.denced by the
publisher's affidavit attached hereto.
And further the deponent
R. Edwa
Subscribed and sworn to before me this 18th day of
January, 1994.
Notary Publ
My Commission Expires: August 31, 1994
.ES C.RNES 80@ADO@
..ER@ & S.A@ISO @ C
.110.@E@S Al I..
4277i
EXHIBIT 'A'
LEGAL DESCRIPTION
PORTION OF MAC STREET (UNIMPROVED)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled "PRELIMINARY RESUBDIVISION PLAT OF
PROPERTY OF GEORGIA-PACIFIC CORPORATION FOR CLOSURE OF PRICE
STREET AND A PORTION OF MAC STREET, KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA', prepared by T.E.S., Inc., designated
as MAC STREET (50' R/W) and being more particularly described
as beginning at the point of intersection of the southern
right-of-way line of 30 foot wide right-of-way known as Rouse
Drive and the western right-of-way line of an unimproved 50
foot wide right-of-way known as Mac Street, solith 19' 55' 00.1
East along the western right-of-way line of Mac Street a
distance of 20 feet to the TRUE POINT OF BE(".INNING, thence
south 191 55' 00' East 355.82 feet along the western
right-of-way line of Mac Street to the point Df intersection
with the northern right-of-way line of State Rolite 44; thence
following the northern right-of-way line of State Route 44, in
a southeasterly direction along the arc of a curve with a
radius of 3709.72 feet an arc distance of 80.53 feet to the
point of its intersection with the eastern right-of-way line of
MAC STREET; thence north 191 55' 00' west 418.95 feet along
the eastern right-of-way line of Mac Street to the point of its
intersection with the southern right-of-way line of Rouse
Drive; thence south 701 05' east 50 feet to th(:! TRUE POINT OF
BEGINNING.
4262i
IKES C@.@ES BO..LO@
..Eq@ & S..Pl.o @ c
Al@O..Ell @, I..
SYKES, CARNES, BouRDON & AHERN, P. C.
JON M. AHEFLN ATTORNEYS AND COUNSELORS AT LAW TELEPHONE 499-8971
R EDWAPD BOURDON, JR@ PEMBROKE OFFICE PARK AREA CODE 804
THOMAS S. CAPNES FACSIMILE (804) 456-5445
LINDA NYE HUSS PEMBROKE ONE THE FIFTH FLOOR Olk 671-1454
KEITH L KIMBALL VIRG(MIA BEACH, VIRGINIA 23462-2989
KIFLK B. LEVY
JENNIFER D. ORAM-SMITH December 28, 1993
JAMES L PEDIGO, JR.
HOWAP,D R. SYKES, JR.
I, R. Edward Bourdon, Jr. attorney for Georgia-Pacific
Corporation do hereby certify that:
1. I am an attorney at law and represent
Georgia-Pacific Corporation.
2. That based upon my examination of title, it is my
opinion that if the portion of the street sought to be closed
is discontinued, closed and vacated by the Council of the City
of Virginia Beach, Virginia, then title to said street will
vest in the City of Virginia Beach, Virginia, a municipal
corporation, subject to the rights of the abutting property
owner.
3. The portion of street to be closed, i-eferred to
herein is described as follows:
SEE ATTACHED EXHIBIT 'A'
SYKES, CARNES, BOURDON & AHERN, P.C.
By:
R. Edward Bourdon, Jr.
4276i
- 33 -
Item 111-J. I 0
CONSEAT AGENDA ITEM # 37644
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
Request of Home Associates of Virginia, Inc. to accept an open space
reservation %Wver payment of $4,000 to be applied to improvements to
an @ting park in the Foxon Road Subdivision.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 Ill, James W Brazier, Jr., Robert W
Clyburn, Robert K Deap; Louis R Jones, Paul J Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
January 25, 1994
34 -
CONSEAT AGENDA ITEM # 37645
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $1,58231 upon
application of certain persons and upon certification of the City
Treasurer for Payment
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W. Clyburp; Robert K
Deat4 Louis R Jones, Paul J. Lanteigne, Mayor Meyera E Oberndorf
Nancy K Parker and Vice Mayor William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branck III, and John D. Moss
January 25, 1994
IORM -0. C,A., 1 1/4/94 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGI@JIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket E xonera- Date l@enalty t nt. Total
Year of Tax Number tion No. Paid
Martin L & Trudy Waranch 92 RE(1/2) 120963-0 11/22/91 48,93
Martin L & Trudy Waranch 92 RE(2/2) 120963-0 12/5/91 48.93
William T&P Moscoffian 91 RE(1/2) 80828-2 4/4/91 43.26
William T&P Moscoffian 91 RE(2/2) 80828-2 6/5/91 41.28
William T&P Moscoffian 91 RE(1/2) 80829-1 4/4/91 43.26
William T&P Moscoffian 91 RE(2/2) 80829-1 6/5/91 41.28
William T&P Moscoffian 91 RE(1/2) 80831-7 4/4/91 43.26
William T&P Moscoffian 91 RE(2/2) 80831-7 6/5/91 41.28
William T&P Moscoffian 91 RE(1/2) 80830-8 4/4/91 32.20
William T&P Moscoffian 91 RE(2/2) 80830-8 6/5/91 30.96
William T&P Moscoffian 92 RE(1/2) 81275-7 3/24/93 36.75
William T&P Moscoffian 92 RE(2/2) 81275-7 3/24/93 35.32
William T&P Moscoffian 92 RE(1/2) 81276-6 3/24/93 36.75
William T&P Moscoffian 92 RE(2/2) 81276-6 3/24/93 35.32
William T&P Moscoffian 92 RE(1/2) 81273-9 3/24/93 36.75
William T&P Moscoffian 92 RE(2/2) 81273-9 3/24/93 35.32
William T&P Moscoffian 92 RE(1/2) 81274-8 3/24/93 36.75
William T&P Moscoffian 92 RE(2/2) 81274-8 3/24/93 35.32
Thelma A & Effie Baker 91 RE(1/2) 5122-2 12/5/90 131.58
Thelma A & Effie Baker 91 RE(2/2) 5122-2 5/23/91 131.58
Thelma A&Effie Baker 92 RE(1/2) 5034-8 12/2/91 138.98
Thelma A&Effie Baker 92 RE(2/2) 5034-8 5/29/92 138.98
James A Holt 91 RE(2/2) 130179-0 4/3/92 55.86
James A Holt 92 RE(1/2) 129426-2 4/3/92 143.43
James AHolt 92 RE(2/2) 129426-2 6/5/92 138.98
Total 1,582.31
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling as to t;
$1,582.31 were approved by
the Council of the City of Virginia
Beach on the 25day of Janua@, 1994
Jln T. Alkins surer
Approved as to form:
Ruth Hodges Smith
City Clerk
@l,e'f LillE
- 35 -
Ite,m 111-J.12.
CONSEAFT AGENDA ITEM # 37646
Upon modon by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council,4DOPTED.
Ordinance authorizing License refunds in 4he amount of $6,598.86 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W Brazier, Jr., Robert W Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf
Nancy K Parker and Kice Mayor William D. 5essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood 0. Branch III, and."n D. Moss
January 25, 1994
@.0 CAs @.3"
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 Commissic)ner of the
Revenue are hereby approved:
NAME License Oate Base Penalty Int. Total
Year Paid
Coyle, John W. L990-91 Audit 58.14 58.14
T/A Sh@rock Enterprises
310 Boerum Court
Virginia Beach, VA 23452
Filges, David A. L993 Audit 389.95 389.95
T/A V C R Doctor
904 Cogliandro Drive
Chesapeake, VA 23320
Forbes Candies Inc. 1991-92 Audit 123.88 123.88
T/A Forbes Candies
2692 Dean Drive
Virginia Beach, VA 23452
Certified as to Pe,yment:
Robert P Vaugha@
Commissioner of the Revenue
Approved as to fidrm:
@eslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 571. 97 were approved by the Council
2') JanLi,,ir v 0,
of the City of Virginia Beach on the -- day of 19 -
Ruth Hodges Smith
City Clerk
MR. @ C.@
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, VIRGINI@K
That the following applications for license refunds, upon cerlification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Hembree, Jeffrey S. 1992-93 Audit 275.67 275.67
T/A Hembree Chiropractic Cel,.ter
329 Caren Drive
Virginia Beach, VA 23452
Hwangs Food Inc. 1993 Audit 488.67 488.67
T/A China Harbor Delivery
632 Virginia Beach Blvd.
Virginia Beach, VA 23454
Hyllberg Enterprises Inc. 1992-93 Audit 2,556.83 2,556.83
T/A A Plus Auto Parts
835 Virginia Beach Blvd.
Virginia Beach, VA 23451
lertifie- as to Paymeit@
Robe,t c' Vaugne@
Commiss;one, of tme Revenue
AlDprovec as to fc)rm
Lisiie-L. Lilley
City Attorney
This ordinance shail be effective from cate of
adoption.
The above abatement(s) totaling $ 3,321.17 were approved t@ the Counc:
of the City of Virginia Beach on the - 21@ day of Janti@arv 19 1)4
Ruth Hodges Smith
City Clerk
.0 c@. a R@
AN ORDINANCE AUTHORIZING LICENSE REFUND-R
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@. VIRGINI,K
That the following applications for @icense refunds, upon cerlification of the Commissicner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Kenmar Management Inc. @991-93 Audit @180.75 180.75
T/A East of NAPA
2224 Virginia Beach Blvd.
Virginia Beach, VA 23454
Landel, Arthur & Mary A.
T/A Mary's Art Works 1992-93 Audit 20.00 20.00
4813 Shell Road
Virginia Beach, VA 23455
Lopez, Hector 1992 Audit 48.17 48.17
T/A Artistic Jewelry
3312 Ashaway Road
Virginia Beach, VA 23452
Ce,tifiec as to Paymeit:
Commissioner of veiue
Aooroved as tc tc)rm:
Lesiie'L Lilley
City Atiorney
This ordinance shail be effective from cate of
adoption.
The above abatement(s) tctaling $ 248A92 were approvea by the Counc:l
Januaiy 9/1
of the City of Virginia Beach on the day of 19 -
Ruth Hodges Smitt)
City Clerk
c@ a R@
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AN[)
UPON CERTIFICATION OF: THE COMMISSIONER
OF THE REVENUE
BE iT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINI@K
That the following applications for license refunds, upon certification of the Commiss;oner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
McCollum, David B. 1993 12/6/93 3).O(D 30.00
T/A Thomas Computer Institute
536 Longfellow Avenue
Virginia Beach, VA 23462
Neal, Jeffrey A. 1991-92 Audit 50.00 50.00
T/A J A Neal Distributing Company
311 Virginia Beach Blvd. #1
Virginia Beach, VA 23451
Pool Plastering Perfection Inc.
P.O. Box 82 1991-92 Audit 43.97 43.97
Virginia Beach, VA 23451
Ce,i fiec as to @a@lme,,it
Commissioner of ttie Revenue
Acc)rovea as to form
Le-siie L. Liliey
Citv Attorney
This ordinance shall be effective trom cjate of
adcption.
The above abatement(s) totaling @ 12 3. 97 were aporoved bv the Counc
of the City of Virginia Beach on the 1) day of J,-nuar@ 1)4
Ruth Hodges Smith
City Clerk
NO C.@ 8 REI, 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 Commissic,ner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
Proper Management Inc. 1993 Audit 1,610.87 1,610.87
P.O. Box 150888
Nashville, TN 37215
Rienerth, Randall V. 1992 Audit 63.45 63.45
T/A Tidewater Marketing
2208 Colonial Acres Court
Virginia Beach, VA 23456
Roberts, Carolyn J. 1991-92 Audit 34.00 34.00
T/A Dog Gone Yogurt
1737 N. Woodhouse Road
virqinia Reach, VA 23454
Certified as to Paymen@
Commissioner o evenue
Approved as to form:
@,z -
L@s i i'e L - L l@l e@
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1 - 708 - 32 were approved by the Council
of the City of Virginia Beach on the 25 day of jalt!@@r 1 94-
Ruth Hodges Smith
City Clerk
KAM @ CA 8 REV@ 3U
AN ORDINANCE AUTHORIZING LICENSE REFUND,")
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 Commissic)ner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Satins & Lace Inc. 1991 Audit 109.84 109.84
1614 Hilltop West
Virginia Beach, VA 23451
Sealey, Gail P. 1992 A.dit 178.12 178.12
9 Tree Bark Place
Hampton, VA 23666
Simpson, William E. 1990-93 Audit io.oo 30.00
507 20th Street
Virginia Beach, VA 23451
Certified as to Payment:
n
Commissioner o the 4;enue
Approved as to form@
Leslie L Lilley
C@ty Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 317. 96 were approved by the Counci
JA@@IJLI t-y 94
of the City of Virginia Beach on the day of 19 -
Ruth Hodges Smith
City Clerk
NO c@, a 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 Commissic,ner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Solange Coiffures Inc. 1992-93 Audit q8.14 88.14
1817 Cascade Court
Virginia Beach, VA 23456
Staples, Ellen L. & Elizaheth C. Richard
T/A Southern Ladies Transport
3613 Dupont Circle 1990-93 Audit 20.39 20.39
Virginia Beach, VA 23455
Teja, Paul M. 1990-93 Audit 30.00 30.00
T/A Student Assist
P.O. Box 65218 #112
Virginia Beach, VA 23467
Wells, Alford W. 1992-93 Audit 1 8.02 168.02
429 Appian Avenue
Virginia Beach, VA 2 3452 ertified as tc Payment
n
Commissioner of the@@enue
AiDproved as to fc)rm:
ie
@esi L Lill@y
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 306. 55 were approved by the Coun@
Janii@iry
of the City of Virginia Beach on the day of 19
Ruth Hodges Smith
City Clerk
36 -
PUBLIC HEARING ITEM # 37647
PLANNVVG
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1.
(a) PAUL N. SUTTON RECONSMEk4TION OF
CONDI77ONS
(b) HENRY E. AND MICHELE SPRAY LINDEMAN ENLARGEMENT OF A
NONCONFORWING USE
(c) MELEA LOUISE PHILLIPS ENLARGEMENT OF A
NONCONFORM17VG USE
(d) AVALON HILLS BAPTIST CHURCH, DAP7D RIEKE CONDITIONAL USE PERMIT
(e) EXXON CORPOR,4TION CONDITIONAL USE PERMIT
(t) J D. BAREFOOT, JR., AND KENNETH D BAREFOOT CONDITIONAL USE PERMIT
(g) 97LLL4M MARK BOYE7TE CONDITIONAL USE PERMIT
(h) HOWARD DE,4N FLOR,4, SR. AND AL4RY ELLEN FLOR4 CONDITIONAL CHANGE OF
ZONING
(i) BA CONSTRUC77ON CORPORATION COADMONAL CHANGES OF
ZONING
CITY ZONING ORDINANCE AMEND AND REORDAIN
Section 502(a) and (e) -
cUmensional requirements
Secdon 201 - chimneys
January 25, 1994
37 -
PUBLIC HEARING ITEM # 37648
PLANNING
AttOrney R J. Nutter represented the applicant
Upon -tion by Councibnan Clyburn, seconded by Councibn- Brazier, City Council APPROVED the
exPansion of the existing auto repair facility in the RECONSIDER,4 77ON OF CONDITIONS Appliciin
of PA UL N. SUTTON, INC., TIA PA ULS AUTO SERUCE for a Conditional Use (prevj'ouyly approved
8122188 and 119189) for re air
ORI)INANCE UPON APPLICATION OF PAULS MOTOR COMPANY
FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE AND
AUTOMOBILE REPAIR GARAGE RO]891194
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF 117RGINL4 BE,4CH, ;17RGrNIA
Ordi-nce upon application of Paul's Motor Co-pany for a Conditional
Use Per-it for bulk storage and an auto.,bile repair garage on certain
property located on the east side Of Happy Street, 265 feet south of
BOnneY Road. Said parcel contains 1,205 acres. Plats with nore detailed
infO-ation are available in the Department of Planning. KEMPSVILLE
BOROUGH.
7he applicant is hereby granted Permission to expand the existing auto repair facility to include a 2,150
sq-- foot (41 x 50) addition.
Voting: 10-0
Council Members voting Aye:
John A. Bawn, LinwOOd 0. Brancl; Iii, james W. Br-ier, Jr., Robert W
ClYb-,% Robert K Dea?; LOUIS P, jones, Paul J. Lanteigne, Mayor
Mey- E. Obe-dorf Nancy K Parker and Pice Mayor William D.
Sessoms, Jr.
Council Members Voling Nay:
None
COuncil Members Absent.-
John D. Moss
Janua@, 25, 1994
37 -
PUBLIC HEARING ITEM # 37648
PLANNING
Attorney R. J. Nutter represented the applicant
Upon motion by CounciLman Clyburp; seconded by Councibnan Brazier, CitY Council APPROYED the
expansion of the @ting auto repairfacility in the REcONSIDEK4TION OF COND177OIVS Application
of PAUL N. SUTTON, INC., TIA PAULS AUTO SERV7CE for a Conditional Use (previ@usly approved
8122188 and 119189) for r air
ORDINANCE UPON APPLICITION OF PAULIS MOTOR COMPANY
FOR A CONDITIONAL USE PERMIT FOR BULK STORAGE AND
AUTOMOBILE RFPAIR GARAGE RO]891194
BE IT HEREBY ORDAINED BY THE COUNCIL OF THF CITY OF P7RGINL4 BF,4CIf, VIRGINL4
Ordinance upon application of Paul's Motor Company for a Conditional
Use Permit for bulk storage and an automobile repair garage on certain
property located on the east side of Happy Street, 265 feet south ol'
Bonney Road. Said parcel contains 1.205 acres. Plats with more detailed
inforination are available in the Departinent of Planning. KEMPSYIILE
BOROUGH.
7'he applicant is hereby granted permission to expand the @ting auto repair facility to include a 2,150
square foot (41 x 50) addition.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W Brazier, Jr., Robert H@
Clybur?; Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William L).
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
38 -
PUBLIC HEARING ITEM # 37649
PLANNING
Michele S. Lindeman, 405 Fountain Drive, Phone: 425-073Z the applicant
Upon motion by Councibnan Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED the
application of HENRY E. & MICHELE SPRAY LJNDEMAN for an enlargement of c,@ nonconforming
use.
Application of Henry E. and Michele Spray Lindeman for an eniargemenl.'
in a nonconforming use on Property located at 405 Fountain Drive. Said
parcel contains 30,492 square feet. LYNNHAVEN BOROUCH-
Resolution authorizing the enlargement of a nonconforming use locateii
at 4o5 Fountain Drive, property of Henry E. and Michele Sprqv
Ldndeown, Borough of Lynnhaven.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, LinwoodaBranci4 III, James W Brazier, Jr., Robert W
Clyburr4 Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
v)
> Z
0 A RESOLUTION AUTHORIZING THE
ENLARGEMENT OF A NONCONFORMING USE
LOCATED AT 405 FOUNTAIN DRIVE,
V-)
PROPERTY OF HENRY E. AND MICHELE
SPRAY LINDEMAN, BOROUGH OF LYNNHAVEN
6 WHEREAS, Henry E. and Michelle Spray Lindeman, hereinafter
7 referred to as the Applicants, are the owners of a single-family
8 dwelling located at 405 Fountain Drive, Borough of Lynnhaven, in
9 the A-12 Apartment District; and
10 WHEREAS, the Applicants desire to enlarge the said single-
11 family dwelling by constructing additions to it; and
12 WHEREAS, the present use of the property does not conform to
13 the provisions of the City Zoning ordinance because single-family
14 dwellings are not permitted uses within the A-12 Apartment
15 District; and
16 WHEREAS, pursuant to Section 105(d) of the Ci.ty Zoning
17 Ordinance, the City Council may authorize the enlargement of a
18 nonconforming use if it finds that the use as enlarged is equally
19 appropriate or more appropriate to the zoning district than is the
20 existing nonconformity;
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That City Council hereby finds that the proposed single-family
24 dwelling of the Applicants, as enlarged, would be equally
25 appropriate to the zoning district in which it is locatetl as is the
26 existing nonconformity.
27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
28 BEACH, VIRGINIA:
29 That the City Council hereby authorizes the enlargement of the
30 Applicants' dwelling in accordance with the plans submitted in
31 connection with the application.
32 Adopted by the Council of the City of Virginia Beach,
33 Virginia, on the day of 'Jantiary 1994.
34 CA-5456
35 ORDIN\NONCODE\CA5456.RES
36 R-1
37 PREPARED: 1/13/94
39 -
PUBLIC HEARING ITEM # 37650
PL4AWING
Melba L. Phillips, 3456 Muddy Creek Road, Phone: 721-2804, the applicant
Upon motion by Councibnan Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED the
Application of MELBA LOUISE PHILLIPS for an enlargement of a nonconforming @rise to construct
a 95668 square foot addition to 4he rear of an existing mobile home.
Application of Melba Louise Phillips for an enlargement in a
nonconforming use on certain property located at 3456 Muddy Creek
Road. Said parcel contains 27 878 square feet. PUNCO BOROUGH.
Resolution authorling the enlargement of a nonconforming use located
at 3456 Muddy Creek Road, property of Melba Louise PhiUips, Borough
of Pungo.
Voting: 10-0
Council Members Voting Aye:
John A Baum, Linwood 0. Branci4 III, James W Brazier, Jr., Robert W
Clyburn, Robert K Deap4 Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessonu, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
January 25, 1994
z z
0
<
A RESOLUTION AUTHORIZING THE
i2 ENLARGEMENT OF A NONCONFORMING USE
13 LOCATED AT 3456 MUDDY CREEK ROAD,
4 PROPERTY OF MELBA LOUISE PHILLIPS,
5 BOROUGH OF PUNGO
WHEREP..S, Melba LoUiSe Phillips, hereinafter referre,l to as the
7 kpplicant, is the owner of a mobile home located at :3456 Muddy
3 --reek Road, Borough of Pungo, in the AG-2 Agricultural District;
and
WHEREAS, the Applicant desires to enlarge the said n,obile home
1L by constructing an addition to it; and
1:? WHEREAS, the present use of the property does not conform to
1:3 the provisions of the City Zoning Ordinance because mobile homes,
14 such as this one, are not permitted uses within the AG-2
15 Agricultural District; and
16 WHEREAS, pursuant to Section 105(d) of the City Zoning
17 Ordinance, the City Council may authorize the enlargement of a
18 nonconforming use if it finds that the use as enlarged is equally
19 appropriate or more appropriate to the zoning district than is the
20 existing nonconformity;
21 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF T]iE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 That City Council hereby finds that the proposed m(:)bile home
24 of the Applicant, as enlarqed, would be equally appropri@ate to the
25 zoning district in which it is located as is the existing
26 nonconformity.
27 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY 014, VIRGINIA
28 BEACH, VIRGINIA:
29 That the City Council hereby authorizes the enlargement of the
30 Applicant's mobile home in accordance with the plans sut)mitted in
31 connection with the application.
32 Adopted by the Council of the City of virgin@La Beach,
33 Virginia, on the 25 day of JanLiary _, 1994.
34 CA-5454
35 ORDIN\NONCODE\CA5454.RES
36 R-1
37 PREPARED: 1/13/94
40 -
PUBLIC HEARING ITEM # 37651
PL4NNING
Pastor David D. Rieve, 5740 Indian River Road, Phone: 420-3256, represented the applicant
Upon motion by Counc@n Clybur?; seconded by P-ice Mayor Sessoms, City Council ADOPTED
Application of AVALON HILLS BAPTIST CHURCH, David Rieke, for a o i ni
ORDINANCE UPON APPLIC,4TION OF AVALON HILLS BAPTIST
CHURCH, DAVID RIEKE, FOR A COVDITIONAL USE PERMIT FOR
A CHURCH RO]941869
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CHY OF YIRGINLI BEACH, 117RGINLI
Ordinance upon applicadon ofavalon Hills Baptist Church, David Rieke,
for a Conditional Use Permit for a church on the northeast side of Indian
River Road, 182.03 northwest of Strickland Boulevard. Said parcel is
located at 5728 Indian River Road and contains 1.2206 acres.
KEMPSVILLE BOROUGII
77le following conditions shall be required:
1. A stormwater management facility meeting the requirements of
the City's Stormwater Management Ordinance will be installed
within the property.
2. Category [V landscaping shall be installed along the Northern
property line adjacent to the proposed addition only.
7he Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinunce.
Adopted by the Council of the City of Virginia Beacl4 Virginia, on the Twenty-afth Qf Januaty- Nineteen
I - 0
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc.% III, James W Brazier, Jr., Robert W
Clybur?; Robert K Dear4 Louis P, Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf Nancy K Parker and P-ice Mayor William D.
Sessona, Jr.
Council Members Voting Nay:
None
Council Members Absent.,
John D. Moss
January 25, 1994
- 41 -
Itein Ill-KI.e.
PUBLIC HEAR17VG ITEM # 37652
PLANNING
Ronald Mickiewicz 325 Office Square Lane, Phone: 497-5862, represented the applicant
Upon motion by Councibnan Clyburn, seconded by Vi-ce Mayor Sesso?w, City Council ADOPTED an
Ordinance upon application of EXXON CORPOR4TION for a Con&tional Use Permii.,
ORDINANCE UPON APPLICATION OF EXXON CORPOR,4 TION FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERk7CE
STATION R01941870
BE IT HEREBY ORDAINED BY TIIE COUNCIL OF THE CHY OF TIIRGINLI BEACH, VIRGINLI
Ordinance upon application of @n Corporation for a Conditional use
Permit for an automobile service station at the northwest corner of
Virg@ Beach Boulevard and Thalia Road Said parcel is located at 430
Virginia Beach Boulevard and contains 30,483 square feet.
KEMPSVILLE BOROUGH.
77te following conditions shall be require&
1. Columns for Lhe canopy will have brick finish. Applicant will
submit a rendering of the finish for review by City staff.
2. 7he canopy will match the existing roof
3. Landscaping consisting of low height shrubs will be required
along Virginia Beach Boulevard and Zhalia Road in the
grassed areas.
4. All repair and service activities will be conducted inside the building.
7he Ordinance shall be effective in accordance with ';ection 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Krginia Beach, Krginia, on the w@ly-fia Qf Ja-riuaty, Nineteen
Hundred and Ninely-Four.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W
Clyburr4 Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf Nancy K Parker and rice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
January 25, 1994
42 -
PUBLIC HFARING ITEM # 37653
PL4NNING
Kenneth D. Barefoot, represented the applicant
Upon molzon by Councibnan Clyburn, seconded by Councibn- Jones, City Council ADOPTED an
Ordinance upon application of J. D. BAREFOOT, JR, AND KENNETH D. BAREFOOT for a
Conditional Use Permit.-
ORDINANCE UPON APPLICATION OF J. D. BAREFOOT, JP,, AVD
KENNETH D. BAREFOOT FOR A CONDITIONAL USE PERMIT FOR
A RECREATIONAL FACILITY OFAN OUTDOOR NATURE R01941871
BE IT HEREBY ORL)AINED BY THF, COUNCIL OF THL CIIY OF VIRGINL4 BF,4CH, YIRGINLI
Ordinance upon application of J, D. Barefoot, Jr., and Kenneth D.
Barefoot for a Conditional Use Permit for a recreational facility of an
outd-r nature (driving range &future miniature golf course) on certain
proeprty located at the northeast corner of Centerville Turnpike and
Lynnhaven Parkway. Said parcel contains 20.5 acres. K-EMPSVILLE
BOROUGH.
7he following conditions shall be required:
1. 7he applicant must obtain a variance from the Board of Zoning
@als for the range barrier netting which exceeds the
maxiinum allowed fence height as per Section 201(e)(1) of the
City Zoning Ordinance.
2. 7he applicant must also obtain a variance to the required
Category TV landscape screening or it must be depicted during
detailed site plan review.
3. "en the proposed future mini-golf course is developed, the
applicant must meet with the Design Advisory Group to address
aesthetic concerns.
4. 7he proposed entrance on Centerville Turnpike is only
approved for the subject recreational facilities. "en this site
develops commercially, a detail traffic control plan will be
required.
5. 7he facility shall be open to the public between the hours of 8
a.m. and 10 p.m.
6 Target lighting is pole mounted at a 30' height and shall be
oriented inward and down toward target green areas as shown
on the site plan.
7. Parking lot shall be all gravel.
8. Additional netting and fencing requirements, if any, will be
determined by staff after a 90-day monitoring period from
opening date of this facility. Staff will review safety concerns
with the operator and adjoining property owners prior to
making a determination.
January 25, 1994
- 43
PUBLIC HEARING ITEM # 37653 (Conanued)
PLANNING
The Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Pirginia Beacl4 Virginia, on the Twenty-ftA o
f Janualy, Nineteen
an i -
Voting: 10-0
Council Members Voting Aye:
@n A. Baum, Linwood 0. Branck III, James W Brazier, Jr., Robert W
Clyburr4 Robert K Dea?4 Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Jbhn D. Moss
January 25, 1994
44 -
PUBLIC HEARING ITEM # 37654
PL,4NNING
William Mark Boyette, 4484 Blackwater Road, Phone: 421-0020
A MOTION way made by Councibnan Baum, seconded bY Councibnan Dean to DEFER for one month
the ordinance upon application of Application of 97LLL4M MARK BOYEZTE for a
Permit for a on the South side of Old Carolina Road, one (1) mile West of
Blackwater Road (3341 Old Carolina Road), containing 74 acres (BL4CKWATER BOROUGH)-
Upon SUBSTITUTE MOTION by Councibnan Clybur@ seconded by Councilman Lanteigne, City Council
ADOPTED an Or&nance upon application of HILLI" BOYE7TE for a Conditional Use
Permit.-
ORDINA)vCE UPON APPLICATION OF HYLLL4M MARK BOYE7TE
FOR A CONATIONAL USE PERMIT FOR A SINGLE-FAMILY
DWELLING RO]941872
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY 0,F VIRGINLI BF-4CH, l,7RGINL4
Ordinance upon application of William Mark Boyeue for a Conditional
Use Permit for a single family dwelling on certain proeprty located on
the south side of Old Carolina Road, one (1) mile west of Blackwater
Road. Said parcel is located at 3341 Old Carolina Road and contains 7 4
acres. BL4CKWATER BOROUGH
77te Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of lrzrginia Beach, Virginia, on the o n
a
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dear4 Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.,
John D. Moss
January 25, 1994
45 -
PUBLIC HEARING ITEM # 376SS
PLANNING
AttO-ey Fd BO-dO?4 Pembroke one, Fifth Floor, Phone: 499-8971, represented the applicant
UPOn -tion bY Councibnan Dean, seconded by Vice MaY- Sessona, City Council 4DOPTED the
Ordl-nce upon applicati- of HAROLD DEAN FLOR,4, SR AND MARY ELLEN FLORA for a
Conditional Change of Zoning District Classification:
ORDINANCE UPON APPLICL TION OF HAROLD DEAV FLORA, SR,
AND MARY ELLEN FLORA FOR A CONDITIONAL CHANGE OF
ZONING DISTRICT CL4SSIFICITION ZO]941410
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY 0,F VIRGINLL BEACH, P7RGINL4
Ordinance upon application of Harold Dean Flor@ Sr., and Mary Ellen
Flora for a Conditional Change of Zoning District Classification from
AG-2 Agricultural District to B-2 Community Business District on the
northwest side of General Booth Boulevari4 southwest of Culver Iane.
77,e proposed zoning classification change to B-2 is for general
commercial @ use. 7he Comprehensive Plan recommends use of this
parcel for businesslresearch center in accordance with other Plan
policies. Said parcel is located at 1941 General Booth Boulevard and
contains 21,600 square feet. PRINCES,-; ANNF BOROUGH.
7he following condition shall be required.-
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court.
7he Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci; Virginia, on the n
e -
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, James W. Brazier, Jr., Robert W.
Clyburp; Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sf!ssoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent.-
John D. Moss
January 25, 1994
CITY OF VERGE41A BEACH
INTER-OFFICE CORRESPOADEN(-E
In Reply Refer To our File No. DF-3523
DATE: January 18, 1994
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress DEPT: City Attorney
RE: Harold Dean Flora, Sr., et ux
Proffer Agreement
Council Action Date: January 25, 1994
The enclosed Agreement, submitted by the referenced
applicants, is acceptable as to legal form.
GLF/lmt
Enclosure
HAROLD DEAN FLORA, SR. and MARY ELLEN FLORA
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 22nd day of December, 1993,
by and between HAROLD DEAN FLORA, SR, and MARY ELLEN
husband and wife, GRANTOR, party of the first part, and JU
CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, GRANTEE, party of tbe second part.
W I T N E S S E T H
WHEREAS, GRANTOR is the owner of a certain parcel of
property located in the Princess Anne Borough of th,e City of
Virginia Beach, containing approximately Twenty-One Thousand
Six Hundred square feet (21,600) and described in Exhibit 'A'
attached hereto and incorporated herein by this reference,
said property hereinafter referred to as the 'Property'; and
WHEREAS, the GRANTOR has initiated a conditional
amendment to the Zoning Map of the City of virgin.ia Beach,
Virginia, by petition addressed to the GRANTEE so as to change
the Zoning Classification of the Property from AG-2 to B-2; and
WHEREAS, the GRA.NTEE'S policy is to provide@ only for
the orderly development of land for various purpose@s through
zoning and other land development legislation; and
WHEREAS, the GRANTOR acknowledges that the competing
and sometimes incompatible uses conflict and that ini order to
permit differing uses on and in the area of the Propel:ty and at
the same time to recognize the effects of change, and the need
for various types of uses, certain reasonable conditions
governing the use of the Property for the protection of the
cormnunity that are not generally applicable to land similarly
@ES 00@-00- to which the
S...,.o . czoned are needed to cope with the situation
GRANTOR'S rezoning application gives rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in
writing, in advance of and prior to the public hearing before
the GRANTEE, as a part of the proposed amendment to the Zoning
Map, in addition to the regulations provided for the B-2 Zoning
District by the existing overall Zoning Ordinance, the
following reasonable conditions related to the physical
development, operation, and use of the Property to be adopted
as a part of said amendment to the Zoning Map relative and
applicable to the Property, which has a reasonable relation to
the rezoning and the need for which is generated by the
rezoning.
NOW, THEREFORE, the GRANTOR, for himself, his
successors, personal representatives, assigns, GRANTEE, and
other successors in title or interest, voluntarily and without
any requirement by or exaction from the GRANTEE or its
governing body and without any element of compulsion or
g= for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of
conditions and restrictions which shall restrict and govern the
physical development, operation, and use of the Property and
hereby covenants and agrees that this declaration shall
constitute covenants running with the Property, 1,lhich shall be
binding upon the Property and upon all parties and persons
claiming under or through the GRANTOR, their successors,
personal representatives, assigns, GRANTEE, and other
successors in interest or title:
1. The GRANTOR covenants and agrees to use Best
Management Practices for controlling stormwater runoff which
are reasonably applicable to the development of the site and in
keeping with the recommendations of the Southern Watershed
Management Ordinance.
ES C--@ES 60@.EO. 2. The GRANTOR covenants and agrees to submit a
@E-. . S..".0 . C
detailed tree protection plan at the time cif site plan
submittal.
2
3,. Any building constructed on the premises will
adhere to the following requirements: Minimum setback from
General Booth BoUlevard - 35 feet; Minimum setback f].-om side
lproperty lines - 15 feet; Minimum setback from rear property
line - 15 feet; Maximum floor area ratio - 1.8; Maximum
Building and Paved Area Coverage - 8B%; Maximum Height - 35
feet.
4. Continuous evergreen and/or low berm screening
shall be provided along any side of a parking lot that abutts
General Booth Boulevard. Berms and landscape screenii-ig shall
be employed to screen any loading areas. Exterior storage will
not be pert. :ted.
5. The uSe of fencing on the property, other than
for required screening of trash or equipment, is not pel@mitted.
6. Lighting shall adhere to the design criteria
currently on file with the City Clerk, for conunercial areas
within the adjacent Corporate Landing Development.
7. Free-standing signage shall be of a monument
style and externally illuminated with lighting positioned at
ground level and designed to avoid glare onto adjacent
properties.
8. Exterior building material shall primarily be
either glass, stone, stone faced block, pre-cast concrete or
stucco. The exterior surfaces shall be in an earth tone color
with any trademark colors limited to accents and signage.
9. The following uses shall be the oilly uses
ermitted on the premises. Those uses requiring a conditional
se permit from City Council shall continue to be relluired to
btain said conditional use permit, and City Council by
ccepting this proffer, does not grant the right to place any
onditional uses within the property.
.Es so@ALIO@
S..,..o Ic
3
usp,
(1) Bakeries, confectioneries and delicatessens,
provided that products prepared cr processed on
the premises shall be sold only at retail and
only on the premises.
(2) Business studios, offices, and clir@ics.
(3) Child care and child care education@ centers.
(4) Drugstores, beauty shops and barber shops.
(5) Eating and drinking establish@ments without
drive-through windows.
(6) Financial institutions.
(7) Florists, gift shops and stationery, stores.
(8) Ser,ice and repair services for business
machines, sign shops and other small service
businesses.
(9) Grocery stores, carry-out food stores and
convenience stores in a structure with a gross
floor area of less than five thousand (5,000)
square feet.
(10) Laboratories and establishments for the
production and repair of eye gl.asses, hearing
aids and prosthetic devices.
(11) Laundry and dry cleaning agencies.
(12) Medical and dental offices.
(13) Museums and art galleries.
(14) Job and commercial printing.
(15) Personal service establishments, other than those
listed separately.
(16) Public utilities installations and substations,
including offices.
(17) Repair and sales for radio and television and
@15 C.-.ES 00@-CIO. other household appliances.
..E.. & S..@1.0 I c
(18) Retail establishments, other thazi those listed
separately, including the incidental
4 -
manufacturing of goods for sale only at retail on
the premises; retail sales and display rooms.
(19) Veterinary establishments and comrnerc:ial kennels,
provided that all animals Shall be kept in
soundproofed, air-conditioned buildings.
(20) Accessory uses and structures wh:ich may be
reviewed and approved by City of Virginia Beach
Zoning Administrator which are clearly incidental
and subordinate to principal uses iin accordance
with the Virginia Beach Comprehensive Zoning
Ordinance.
The above conditions, having been proffe@red by the
GRANTOR and allowed and accepted by the GPANTEE as part of the
amendment to the Zoning Ordinance, shall continue iii full force
and effect until a subsequent amendment changes ttle zoning of
the Property and specifically repeals such condit@ions. Such
conditions shall continue despite a subsequent amendment to the
Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantiially revised
Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Ci.rcuit Court
of the City of Virginia Beach, Virginia, and executed by the
record owner of the Prcperty at the time of recordat:ion of such
instrument, provided that said instrument is consented to by
the GRANTEE in writing as evidenced by a certified copy of an
ordinance or a resolution adopted by the governing body of the
GRANTEE, after a public hearing before the GRANTEE which was
advertised @ursuant to the provisions of Section 15.1-431 of
the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as
C--@ES 60@.00@ conclusive evidence of such consent, and if not so recorded,
4 s ... 1.0 @c
said instrument shall be void.
5
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia
Beach, Virginia, shall be vested with all necessary authority,
on behalf of the governing body of the City of %Firginia Beach,
Virginia, to administer and enforce the foregcing conditions
and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be
remedied, and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all cc)nditions and
restrictions shall constitute cause to deny the i.ssuance of any
of the required building or occupancy permit:s as may be
appropriate;
(3) If aggrieved by any decision of the Zoning
Administrator, made pursuant to these provisions, the IRANTOR
shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol
on the map the existence of conditions attaching to the zoning
of the Property, and the ordinances and the conditions may be
made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department, and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the names of the GRANTOR and the GRANTEE.
WITNESS the following signatures and seals:
GRANTOR:
By: @/ - EAL)
ES C..@ES 90@.00. Harold Dean Flora, Sr.
-E S.....o - c
a @@ SEAL)
By:-
Mary tlldn Flora
6 -
ALL THAT certain lot, piece or parcel of land with the
improvements thereon and the appurtenances thereunto belonging,
lying, situate and being in the City of Virginia Beach,
Virginia and being known, numbered and designated as Lot 'A',
as shown on that certain plat entitled "Subdivision of Part of
IFarm No. 1, Plat of L.L. Winder Property', Princess Anne
lBorough, Virginia Beach, VA., for William H. and Rosa H.
Smith', said plat is duly recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach, Virginia, in Map
Book 71, at Page 7.
3972i
5 c ... ES go@.Clo.
E.. & S.....o . c
46 -
PUBLIC HEARING ITEM # 37656
PLANNING
Robert S. Miller, III, President - Miller-Stephenson &Associates, 5033 Rouse Drive, Phone: 490-9264
represented the applicant
Upon motion by Counc@an Dea@ seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon application of BA CONSTRUC77ON CORPORATION ji?r Condifional
Changes of Zoning Distiict Classification:
ORDINANCE UPON APPLICATION OF R4 YMARK CONSTRUCTION
CORPORATION FOR A CONDITIONAL CHANGE OF ZONING FROM
AG-1 TO R- 75 ZO]941411
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, WRGINLI
Or&nance upon application of Baymark Construction for a Conditional
Change of Zoning Disttict Classification from AG-1 Agricultural District
to R- 75 Residential District on property located 600 feet east of Holland
Road, south of Winterberry Lane. 77te proposed zoning classification
change to R- 75 is for single-family residentiw at a density no greater
dian 3.5 dwelling units pe acre. 77ie Comprehensive Plan recommends
use of this parcel for low density residential use at densities that are
compatible with single -family use in accordance with other Plan policies.
Said parcel is located at 2812 Holland Road and contains 38.45 acres.
PR[NCESS ANNI@' BOROUGH.
A ND,
ORDINANCE UPON APPLICATION OF R4 YMARK CONSTRUCTION
CORPORATION FOR A CONDITIONAL CHANGE OF ZONING FROM
AG-2 TO R-75
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI7y OF IqRGINL4 BEACH, VIRGINL4
Ordinance upon application of Baymark Construction Corporation for a
ConiUlional Change of Zoning District Classij7cation form AG-2
Agricultural District to R-75 Resident@ District on the east side of
Holland Road, south of Winterberry Lane. 7he proposed zoning
classification change to R - 7 5 is for single -family residential land use
at a density no greater than 3.5 dwelling units per acre. 77ie
Compre,hensive Plan recommends use of this parcel for low density
residential at densities that are compatible with single-family use in
accordance with other Plan policies. Said parcel is located at 2812
Holland Road and contains 4.82 acres. PRINCFSI; ANNE BOROUGH.
The following con&tion shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court.
7he,se Ordinances shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci; Virginia, on the n
Hundred and Ninefy-Four,
January 25, 1994
47 -
PUBLIC HEARING ITEM # 37656 (Continued)
PLANNING
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, James W Brazier, Jr., Robert W
Clybur?4 Robert K Deapt Louis R Jones, Mayor Meyera E. Oberndorf,
Nancy K Parker and Vice Mayor William D. ';essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
Paul J. Lanteigne and John D. Moss
January 25, 1994
lWrER-OFFICE CORRESPONDENCE
Tn ;toply Refer To - File No. DF3524
DATE, October 15, 1993
TO: Leslie L. Lilley DEPT: City Attorney
FROM: Gary L. Fentress6Lr DEPT: City Attorney
RE: Baymark Construction Corp., et als
Proffer Agreement
Council Action Date: october 26, 1993
Enclosed is a copy of the proffer agreement submitted by the
referenced applicants. The agreement is acceptable as to legal
form.
Proffer number 2 provides that the grantor will dedicate the
western 35 feet of the property adjacent to Holland Road for future
road improvements. The proffer further provides that if the
proposed road improvements have not been included in the 5 year CIP
at the time of site plan or subdivision approval, the grantor will
execute an agreement, acceptable to the City Attorney to assure
that such dedication will be made upon the inclusion of the project
in the CIP- This provision assures that the city will be able to
accluire the property at such time as the improvements are included
in the CIP-
GLF/rab
Enclosure
THIS AGREEMENT, Made thi5 24th day of August, 1993, by and
between EVELYN R. PRADIA, MILLARD F. REID, SR., BERTIE B. ALLEN,
VIOLET R. POWELL, LAURA WILSON, THOMAS R. REID and LEROY R. REID,
SR. , (the heir!s at law of FILLMORE F. REID, deceased) GRANTORS; and
THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, GRANTEE.
W I T N E S S E T H
WHEREAS, the Grantors have initiated an amendment to the
Zoning Map of the City of Virginia Beach, Virginia, by petition of
the Grantors addressed to the Grantee, so a5 to change the
classification of the Grantors' real property frovi AG-1 and AG-2
(Agricultural) to R-7.5 (Residential) on certain property which
contains a total of forty-three (43) acres, more c)r less, in the
Princess Anne Borough, of the City of Virginia Beach, Virginia,
more particularly described in the attached Exhibit A, hereinafter
"the Property".
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
re5idential purposes, through zoninq and other land development
legislation; and
WHEREAS, the Grantors acknowledge that competing and sometimes
incompatible uses conflict and that in order to permit differing
uses on and in the area of the subject Property and at the same
time to recoqnize the effects of the changes, and the need for
various types of uses, including those listed above, certain
reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to
land similarly zoned R-7.5 are needed to cope with the situation to
which the Grantors' rezoninq application gives rise; and
WHEREAS, the Grantors have voluntarily proffered in writing in
W" advance of and prior to the public hearing before the Grantee, as
.w cam" tor
part of the proposed amendment to the Zoning Map, in addition to
the regulations provided for in the existing R-7..5 zoning district
by the existing Comprehensive Zoning Ordinance, the followinq
reasonable conditions relating to the physical development and
operation of the Property to be adopted as part of said amendment
to the new Zoning Map relative to the Property described above,
which have a reasonable relation to the rezoning and the need for
which is generated by the rezoning; and
WHEREAS, said conditions having been proffered :by the Grantors
to be effective upon the rezoning of the Property and allowed and
accepted by the Grantee as part of the amendment to the Zoning
Ordinance, such conditions shall continue in full force and effect
until a subsequent amendment changes the zoning on the Prop@--y
covered by such conditions; provided, however, that such conditions
shall continue despite a subsequent amendment if the subsequent
amendment is part of the comprehensive implementati.on of a new or
substantially revised zoning ordinance, unless, notwithstanding the
foregoing, these conditions are amended or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and executed by the record
owner(s) of the !subject Property at the time of recordation of such
instrument; provided, further, that said instrument is consented to
by the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governin,g body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia,, Section 15.1-
431, which said ordinance or resolution shall be recorded along
with said instrument as conclusive evidence of sucli consent.
NOW THEREFORE, the Grantors, for themselves, their successors,
assigns, grantee!s, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the
Grantee or its governing body and without any element of compulsion
of quid Pro quo for zoninq, rezoning, site plan, building permit or
subdivision approval, hereby makes the following declaration of
conditions and restriction!s as to the physical development and
operation of the Property and governing the use thereof and hereby
tenders the following covenants running with the said Property,
which shall be binding following the approval of Grantors' rezoning
Petition by Grantee upon the Property and upon all parties and
2
persons claiming under or through the Grantors, their heirs,
personal representatives, assigns, grantees and other successor3 in
interest or title, namely:
1. Grantors shall adhere to applicable Best Management
Practices (BMP's) in the development of the Property.
2. Grantors shall dedicate the westernmost tlhirty-five (35)
feet of the Property adjacent to Holland Road to provide for an
ultimate four lane divided roadway as proposed by' the Grantee's
Master Street and Highway Plan. The right-of-way (iedication will
be made prior to or concurrent with the recordaticn of the first
subdivision plat. In the event that the roa,i improvement.9
contemplated in the proffer have not been included in the City's 5-
year CIP at the time of the site plan or subdivisiori approval, the
Grantors agree to execute an appropriate agreeinent, in form
acceptable to the City Attorney, to assure that such dedication
will be conveyed to the City upon the inclusion of siaid projects in
the CIP. If the property and/or improvements prc)ffered by the
Grantors in this paragraph are not u3ed by the Grantee anytime
within the next 20 years for the purpose for which they are
proffered, then such property and/or any funds paid and unused may
be used by the City of Virginia Beach for open space.
3. The Grantors shall dedicate to the Grantee t:hat portion of
the Property adjacent to West Neck Creek, to become a portion of
the West Neck Linear Park owned by Grantee. Such portion of the
Property shall extend westerly from the easternmost property line
to the westernmost property line of that portion of the Property
determined to be wetlands by the United States Army Corps of
Engineers. The dedication will be made prior to o@r- concurrently
with the recordation of the first subdivision plat applicable to
the subdivision of the Property.
4. No more than three (3) single-family detached dwelling
wla units per acre shall be built upon the property (i.e. three unit3
for each acre that qualifies for density credit un(ler applicable
city regulations).
5. Those persons and/or companies that construct single-family
3
dwellings upon the property shall reasonably cooperate with the
United States Navy and the City in utilizing sound attenuating
materials in said construction.
6. Further conditions may be required by the Grantee during
detailed site plan and/or subdivision review and administl-ation of
applicable City codes by all applicable City agencies and
departments to meet all applicable City Code requil-ements.
All references hereinabove to zoning dist:ricts and to
regulations applicable thereto refer to the Comprehensive Zoning
Ordinance of the City of Virginia Beach, Virginia, in force as of
the date and conditional zoning amendment is approved by the
Grantee.
The Grantor3 covenant and agree that (I.) the Zoning
Administrator of the City of Virginia Beach, Virgi.nia, !shall be
vested with all necessary authority on behalf of the governing body
of the City of Virginia Beach, Virginia to administer and enforce
the foregoing conditions, including (i) the ordering in writing of
the remedying of any noncompliance with such conditions, and (ii)
the bringing of legal action or suit to ensure compliance with such
conditions, including mandatory or prohibitory injunction,
abatement, damages or other appropriate action, suit or
proceedings; (2) the failure to meet all conditions shall
constitute cause to deny the issuance of any of the required
building or occupancy permit!s as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator made pursuant
to the provision of the City Code, the CZO or this A,qreement, the
Grantors shall petition to the governing body for the review
thereof prior to instituting proceedings in court; and (4) the
Zoning Map shown by an appropriate symbol on the map the existence
of conditions attaching to the zoninq of the subjec@t Property on
W," the map and that the ordinance and the conditions may be made
COL@ tow
readily available and accessible for public inspection in the
office of the Zoning Admini3trator and in the Planning Department
and that they shall be recorded in the Clerk's Office of the
4
Circuit Court of the City of Virginia Beach, Virginia, and indexed
in the name of the Grantors and Grantee.
WITNESS the following signatures and 3eals:
225-22-8824 @ (?. 6) (SEAL)
Evelyn'R. Pradia
227-07-I260 8k r- (SEAL)
Mi @rd F. Reid- Sr.
23I-26-8007 (0@@ @ EAL)
Bertie B. Allen
225-42-4210 R. p (SEAL)
Violet R. Powell
227-26-5925 (SEAL)
Laura Wilson
228-I2-6igo Ie @. _ (SEAL)
Thomas R. Reid
225-07-6go4
(SEAL)
Leroy R. Reid, Sr.
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State, do hereby certify that Evelyn R. Pradia whose name is signed
to the foregoing writing, has acknowledged the same before me this
@OA day of 1993.
W."
emca@uw @ , e,-@
(,TN@ary Public
My Commission Expires:
5
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersiqned, a Notary Public in and for the City and
State aforesaid, do hereby certify that Millard F. Reid, Sr. whose
name is signed to the foreqoing writinq, has acknowledqed the same
before me this ;AA day of 1993.
ry Public
My Commission Expires:
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
the undersiqned, a Notary Public in and for the City and
State, do hereby certify that Bertie B. Allen whose name is signed
to the foreqoing writing, has acknowledged the same before me this
day of 1993.
N@al Publi.c
My Commission Expires: 3
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
i, the under3igned, a Notary Public in and for the City and
State aforesaid, do hereby certify that Violet R. Powell whose name
is signed to the foregoing writing, has acknowledged the same
before me this day oi 1993.
(jnofkry Public
My Commission Expires:-7-3/-@'-/
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Notary Public in and for the City and
State, do hereby certify that Laura Wil3on whose name is signed to
the foregoinq writing, has acknowledged the same before me this
@A4 day of 1993.
& W." (N Publi@
-M CMM" LOOP
My Commission Expires: -7 -
954
6
EXHIBIT A
LEGAL ESCRIPTION
ALL THOSE certain pieces or parcels of land, with the
buildings and improvements thereon and the appurtenances
thereunto belonging, situate, lying and being in the City of
Virginia Beach, Virginia, and designated as "Now or Formerly
Fillmore Reid Site No. 5", "Now or Formerly Fillmore Reid Site
No. 4" and "Now or Formerly Evelyn Reid Pradia", all as shown
on that certain plat entitled "SURVEY OF PROPERTY SITES 4 & 5,
SURVEY OF THE HARGROVE TRACT ON THE HOLLAND ROAD, M.B. 1, P.
6A, PRINCESS ANNE BOROUGH, VA. BEACH, VIRGINIA", dated July 9,
1991, made by Gallup Surveyors & Engineers, Ltd., which plat
is duly recorded in the Clerk's Office of the Circui.t Court of
the City of Virginia Beach, Virginia in Map Book 214, at Pages
87, 88 and 89; said property taken as a whole contains
1,885,048 square feet or 43.27 acres.
48
PUBLIC HEARING ITEM # 376S7
PL4NNING
Atto-ey Fd Bo-do?; Pembroke One, Fifth Floor, Phone: 499-8971
Upon -olion by Counci@ Brancl; seconded by Councibnan Jones, City Council ADC)PTED:
Ordinances to AMEND and PEOPDAIN Sections 201 and 502 of the
City Zoning Or&nance:
A. Setback requirements for chimneys, Section 201.
B. Dimensional requirements, Section 502 (a) and (e)
Voting: 10-0
Council Members Voting Aye:
JOhn A. Baum, Linwood 0. Branc,% III, James W. Brazier, Jr., Robert W.
Clyburr4 Robert K Dean, Louis R Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and We Mayor William D
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
John D. Moss
January 25, 1994
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 201 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO YARDS.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIFTGINIA
6 BEACH, VIRGINIA:
7 That Section 201 of the Code of the City of Virginia Eleach,
8 Virginia, is hereby amended and reordained to read as follo@rs:
I Sec. 201. Yards.
2 (a) General. All required yards shall be unobstructed I)y any
3 structure or oth.r improvement which xceed. ixteen (16) inclies in
4 height as measur.d from ground elevation; provided, howevet,, the
s following improvements may be located in a yard:
6 (1) In-ground swimming pools may extend to withiii five
7 (5) feet of any side or rear property line,
a provided however, that no in-ground swimminc@ pool
9 shall extend into any required yard adjacent. to a
10 street.
11 The following improvements may be located in ii yard
12 without regard to height unless regulated by other
13 sections of this ordinance:
14 (2) Fences, walls, poles, wires and customary yard
is accessories;
16 (3) Roof overhangs or eaves which do not extend[ more
17 than four (4) feet into the yard;
is (4) Residential heating and cooling equipment which
19 does not extend more than five (5) feet int@o the
20 yard and which is no closer than five (5) ff@at to
21 the nearest lot line; and
22 (5) chimneys which do not extend more than twentl(-four
23 (24) inches into the yard and which are no @,loser
24 tban five (5) feet to the nearest lot line.
69
2 5 No provision of this section shall be interpreted to permit
26 the construction of a jacuzzi, hot tub or similar apparatus in any
27 yard regardless of height; nor shall this section be interpreted to
26 mean that any structure or improvement listed above need not; comply
29 with other sections of this Code pertaining to height limitations
30 and obstruction of visibility.
31 In addition, certain other structures, uses or accessor,ies may
32 be prohibited irp certain yards as set forth in the applicable
33 district regulations.
34 (b) Relation.hip to ultimate right-of-way- As an ,c,pti,n
35 to the requirements above, where transportation plans have been
36 approved and adopted by the city council, all yard requirem,nts
37 shall be measured from the ultimate right-of-way line established
38 on said transportation plan or the street frontage line, hichever
39 is the greater distance from the established centerline of the
40 transportation plan.
41 (c) Whenever the side or rear yard of lot abuts a public
42 right-of-way not more than twenty (20) feet in width, the side or
43 rear yard adja@ent to such public right-of-way shall coinply with
44 the side or rear yard requirement which would apply to that@ lot if
45 it did not abut a public right-of-way.
46 (d) R@irements relating to garages and carports in yards.
47 No portion of any garage or carport sball occupy any required
48 front, side or rear yard.
49 (e) Requirements for fences and walls.
so (1) Fences and walls shall not exceed a height of eight (s)
51 feet. Walls and fences may project into or enclose any
52 part of any yard; provided, however, that any fence or
53 wall which projects into or encloses a required f@.ront or
54 side yard adjacent to a street shall not exceed aL height
55 of four (4) feet except in the case of a through ].ot when
56 a required front yard setback is clearly and phy,sically
57 the rear of the dwelling, an eight-foot fence will be
se allowed, and provided further that no fence or sFall may
59 be erected closer than five (5) feet to any right;-of-way
70
60 line, and where it is closer than ten (10) feet to any
61 right-of-way line, it shall have installed between it and
62 the right-of-way line Category I landscaping.
63 (2) Barbed wire and electrified fences are prohibited in all
64 residential and apartment districts or within fifteen
65 (15) feet thereof. Chain link fences shall be peraiitted,
66 provided that Category I landscaping shall be ins@talled
67 between the entire length of any such fence and the
68 public right-of-way.
69 (3) Fences shall be prohibited along that portion of a
70 parking area of one (1) or more parking spaces wt,ich is
71 adjacent to a street, unless required by other sc@ctions
72 of this ordinance or a conditional use permit; except
73 this shall not pertain to a decorative fence (exc:luding
74 wire woven fence) with at least seventy-five (75) per
7S cent unobstructed light penetration which meets all
76 applicable height limits for fences.
77 (4) All required fences and walls shall be erected and
78 maintained in accordance with the standards and
79 specieications set forth in the Virginia Beach
so Landscaping, Screening and Buffering Specificatic)ns and
81 Standards.
@82 (5) All fences and walls, or portions thereof, which are
83 located within thirty (30) feet of, and are substatitially
84 parallel to, any public right-of-way shall comp3.y with
as the standards pertaining to fences and walls set f,Drth in
86 the Virginia Beach Landscaping, Screening and Bul-fering
87 Specifications and Standards. Any such fence c,r wall
as located on a through lot shall also have a gate lhrough
89 which ingress and egress is provided.
90 (6) No nonconforming fence or wall located within thirty (30)
91 feet of, and substantially parallel to, any public right-
92 of-way shall be enlarged, extended, relocai:ed or
93 reconstructed, nor shall more than fifty (50) per cent of
94 any nonconforming fence or wall be replaced wittiin any
71
95 two-year period, unless such fence or wall is lorought
96 into conformity with the provisions Of this section. A,
97 used herein, the term "nonconforming fence or walll- rhall
98 mean any fence or wall which was lawfully cons,tructed
99 prior to the adoption of this section and which fails to
100 conform to any of the requirements of this s@Bction.
101 These provisions shall apply notwithstanding ttiat the
102 replacement, reconst@ction r relocation of a f,E!nce or
103 wall, or portion thereof, is made n.cessary or otlie@ise
104 occasi.ned by reason of c.ndemnation or involuntary
los destruction or deterioration of, or damage to, such fence
106 or wall or portion thereof.
107 (7) The pro@isions of this section shall not apply to fences
10 a or walls used principally for agricultural or
109 horticultural purposes.
110 (f) Vision clearance at intersections. Visibility triiangles,
ill within which nothing shall be erected, placed, or parked, ]planted
112 or allowed to grow in such a manner as to impede vision between a
113 height of two and one-half (2 1/2) and eight (8) feet above the
114 centerlines of intersecting trafficways shall be provided as
115 follows:
116 (1) street intersections. A visibility triangle sliall be
117 required at all street intersections including at least t--he are
118 within the first twenty (20) feet along the intersecting ri@4ht-of-
119 way (projected if rounded) and a line connecting the ends @Df such
120 twenty-foot lines. Where sidewalks have been provided witliin the
121 right-of-way line.
122 (2) Intersections of driveways with streets. No wall, fence
12 3 or other structure shall exceed a height of thirty (30) inch.s
124 above the finished elevation of a driveway within a visibility
125 triangle created by..@measuring ten (10) feet in frc)m the
126 intersection of a driveway boundary and property lines awity from
127 the driveway with the ends of the two (1) tend-foot lines colinected
128 in a straight line to form the visibility triangle. The 'thirty-
129 inch height for any portion within the triangle shall be c,:)mputed
72
130 from the elevation of the driveway ,hich is perpendicular -t, that
131 portio of wall or structure within the triangle.
1 3 2 Adop5@d by the Co,,ncilff t,,heyC,-ty Virginia Beach, V.Lrginia
1 3 3 on the day of .. 19 904f
134 CA-5348
135 \ORDIN\PROPOSED\45-0201.PRO
136 R-1
137 PREPARED: OCTOBER 27, 1993
73
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 502 OF THE ZONING ORDINANCE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO DIMENSIONAL
5 REQUIREMENTS.
6 BE IT ORDAINED BY @HE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 5.2 of the Zoning Ordinance of the City of
9 Virginia Beach, Virginia, is hereby amended and reordained to read
10 as follows;
11 Section 502. Dimensional requirements.
12 The following chart lists the requirements within the R-40
13 through R-5S Residential Districts for minimum lot area, width,
14 yard spacing and maximum lot coverage for single-family dw,ellings.
15 (a) For single-family dwellings:
16 Residential Distrias
1 7 R-40 R-30 R-20 R-15 R-10 R-2.5 R-5D R-5R R-5S
18 (1) Minimum lot area in square feet: 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
19 (2) Minimum lot area outside of water,
20 marsh, or wetlands: 24,000 24,000 20,000 15,000 10.000 7,51)0 5,000 5,000 5,000
21 (3) Minimum lot width in feet: 125 100 100 100 80 7@; 50 50 50
22 (4) Minimum front yard setback in feet: 50 50 50 30 30 3CI 20 20 20
2 3 (5) Minimum front yard setback when
24 adliacent to a 40-foot right-of-way
25 created in accordance with section
26 4. 1 (m) of the subdivision ordinance
27 in feet: 55 S5 55 35 35 35 2.5 25 25
28 (6) Minimum side-yard setback except when
29 adjacent to a streea in feet: 20 15 15 10 10 S&IO 8 8 5 & 10
30 (7) Minimum side yard setback adjacent
31 to a street in fed: 30 30 30 30 30 30 18 18 15
3 2 (8) Minimum side yard seaback when adjacent
3 3 to a 40-foot right-of-way created in
34 accordance with section 4. 1 (m) of the
35 subdivision ordinance in feet: 35 35 35 35 35 35 23 23 AO
36 (9) Minimum rear yard setback except for
37 a@ry structures in feet: 20 20 20 20 20 20 20 20 20
3 8 (10) Minimum rear yard se@k for @ry
3 9 structures only in feet: 20 15 15 10 10 10 10 10 10
40 (I 1) As an exception, the setback for any
41 yard adjacent to the Atlantic Ocean for
42 any structures shall be 30 feet in the
3 R-5R District NA NA NA NA NA N,k NA 30 MA
44 (12) Maximum lot coverage in percent: 25 25 25 30 30 35 40 35 40
4 5 (13) Maximum building floor area expressed
4 6 as a percentage of @ximum allowable
4 7 lot coverage: NA NA NA NA NA NA NA 200% NA
48 (b) For duplex and semidetached dwellings in the R--5D and R-
49 5R Residential Districts:
50 Dup@es Semidetached
51 (1) Minimum lot area 10,000 square feet 5,000 square feea
5 2 (2) Minimum lot width 75 feet 35 feet
53 (3) Minimum front yard 20 feet 20 feet
54 (4) Mintraum front yard setback when adjacent t.
55 40-foot right-of-way created in accordance
56 with section 4. 1 (m) of the subdivision ordinance 25 feet 25 feet
57 (5) Minimum side yard except when adjacent to a street 10 feet 10 feet
58 (6) Minimum side y@ when adjacent to a street 20 feea 20 feea
59 (7) Minimum side yard setback when adja@nt to
60 40-foot right-of-way created in accordance
61 with section 4. 1 (m) of the subdivision ordinance 25 feet 25 feet
62 (8) Minimum rear yard 10 feet 10 feet
63 (9) As an ex@ption, the setback for any yard
64 adjacent to the Atlantic Ocean for any
65 structures shall be 30 feet in the R-5R District
66 (10) Maximum lot coverage 35 percent 35 percmt
67 (i 1) Maximum building floor area expre&sed as a
6 8 percentage of maximum allowable lot coverage 200 percent 200 percent
69 The following chart lists the requirements within I:he R-2.5
70 Residential Districts for minimum lot area, average lot ilrea, lot
7 1 width ' yard spacing, maximum 10t coverage and maximum rIUmber r
72 units that can be attached for attached dwellings (townh()uses).
73 (c) For attached dwellings (townhouses):
74 ReyidewWD@
75 R-2.5
76 (1) Minimum lot area 1,400 @ feet
77 (2) Average minimum lot area :!,500 square feet
7 8 (3) MirLimum lot width, iuterior lo@ 20 feet
7 9 (4) Minimum lot width, exterior ]oL, 30 feet
80 (5) Minimum front yard 30 feet
8 1 (6) Minimum front yard where all required parking
82 is provided in the rear 15 feet
8 3 (7) Minimum side yard exterior lot when
84 not adliacent to a street 10 feet
2
85 (8) Minimum rear yard dwellings 20 feea
86 (9) Minimum rear yard @ry buildings
87 less than 100 square feea 5 feea
88 (10) Maximt,- lot covemge 40 percent
89 (I 1) Maximum number of attached dwellings that may
9 0 be constructed in any one (1) group, without
9 1 required side yards 6 urlits
92 (12) Any side yards adjacent to a st@t shau be a
9 3 . .mum of 30 feet, except when adjacent to a
9 4 40-foot right-of-way created in acrordance with
9 5 section 4. 1 (m) of the subdivision ordinance,
9 6 then a 35-foot side yard is required.
9 7 The following chart lists the requirements within the R-40
98 through R-2.5 Residential Districts for minimum lot area, width,
99 yard spacing and maximum lot coverage for uses and structu@res other
00 than dwellings.
01 (d) For uses other than dwellings:
02 Residential Districts
03 R-40 R-30 R-20 R-15 R-10 R-7.5 R-SD R-5R R-5S R-2.5
04 (1) Minimum lot
05 area in
06 square feet: 40,000 30,000 20,000 15,000 10,000 10,000 10,000 io,ooo 10,000 10,000
07 (2) Minimum lot
08 area outside
09 of water, marsh,
10 or wetlands 24,000 24,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000
11 (3) Minimum lot
12 width in feet: 125 100 100 100 100 100 too 100 100 100
113 (4) Minimum front
114 yard setback
15 in feet: so 50 50 30 30 30 30 30 30 30
116 (5) Minimum front
17 yard setback in
118 feet when
119 adjacent to a
120 40-foot right-of-
121 way created in
12 2 accordance with
123 section 4. 1(m)
124 of the subdivision
125 ordinance: 55 55 55 55 35 35 35 35 35 35
12 6 (6) Minimum side
127 yard setback
128 except when
129 adjacent to
130 a street in feet: 25 25 25 25 20 15 15 15 15 15
13 1 (7) Minimum rear
13 2 yard setback
13 3 in feea: 25 25 25 25 20 15 15 15 15 15
134 (8) As an exception,
13 5 the setback for
13 6 any yard
3
178 lot requirements nor may an owner of several
179 contiguous nonconforming parcels combine them so as to
180 leave a substandard lot, and assert the right to
181 exception in (1) above.
182 1..2l As an exception to (e) (2). (e) (3) and ee) (4) above.
183 the owner of xwo (2) or more contiguous substandard lots
184 in the R-5S Residential District. which are substandard
185 as to lot width and/or area as of the date of the passage
186 of this ordinance. may convey one (1) substandard lot to
187 a separate owner and such lot may be developed for any
188 purpose permitted in the R-5S Residential District.
189 provided that the lot has a minimum width of 35 feet and
190 area of 3.500 square feet. and provided that conditions
191 are satisfied as follows:
192 ill All contiguous substandard lots in common
193 ownership shall be resubdivided so as to describe no
194 more than one (1) substandard lot of not less than 35
195 feet in width and 3.500 sauare feet in area. The
196 rernainina contiauous substandard lots shall be
197 resubdivided so as to describe a lot or lots in
198 conformity with all reaulations in the R-5S
199 Residential District. The resubdivision of all
200 contiguous substandard lots in common ownership shall
201 be described on one (1) subdivision plat.
202 (ii) Owners who seek to develop on substandard lots
203 shall be encouraged to adhere to the "Shadowlawn
204 Infill Development Guidelines" as described in the
205 Comprehensive Plan.
206 As an exception to section 502 (a) (6). the minimum side yard
207 setback for a substandard lot in the R-5S Residential District
208 which is developed pursuant to this subsection shall be five (5)
209 feet.
210 For the purposes of this section, lots are not regarded as
211 adjacent where they form an ilL", part of one being contiguous to
212 the other.
5
213
Adopted by the Council of the City of Virginia Beach, Virginia
214
on the 25
, day of January, 1994.
215 CA-5111
216 \ORDIN\PROPOSED\45-0502.0RD
217 R-5
218 OCTOBER 21, 1993
APt'KOVED AS 10 CONI tN I S
~
SIGNATURE
&l~~~~
DEP RTM!;NT
r~~ :A,PPROVED AS TO LEGAL
Jt:!;..;~SU FFICIENCY ... ORM
'llo", /'
..lt~;: ;. ~
1- /1-9'1
6
- 49-
Item III -L.1.
UNFINISHED BUSINESS
ITEM # 37658
ADD-ON
Councilman Lanteigne referenced the School's Capital Improvement Program and requested the City
investigate the parity issues of the City's Cilpital Improvement Program regarding public safety, i. e.
number of fire and police stations located within the City and the older deficient fire and police stations.
Parity should also be investigated in amenities such as libraries, recreational facilities, et cetera.
January 25, 1994
- 50-
Item III-L.2.
UNFINISHED BUSINESS
ITEM # 37659
ADD-ON
Council Lady Parker referenced the OCEAN OCCASIONS issue and requested the City Manager provide
comments regarding same.
The City Manager advised regarding the expenditures of the Memorial Day Weekend, the City is satisfied
there was adequate record keeping. Receipts were available for all expenditures. A total audit has not
been performed on all of the services of Ocean Occasions, only that particular event was addressed. There
are a number of changes being made in their operation. The Staff is currently working on a new contract
with the direction of City Council to extend that agreement another six months. This contract will be
brought to City Council during a February Session.
January 25, 1994
- 51 -
Item III-L.3.
UNFINISHED BUSINESS
ITEM # 37660
ADD-ON
Council Lady Parker again reiterated Councilman Moss's and her request for a Briefing by TRT relative
the Light Rail issue.
The City Manager advised TRT has been invited and this will be SCHEDULED for a February City
Council Session.
January 25, 1994
- 52 -
Item III-LA.
UNFINISHED BUSINESS
ITEM # 37661
ADD-ON
Council Lady Parker requested an update be provided to the Citizens regarding the water situation.
The City Manager advised Clarence Warnstaff, Director of Public Utilities will provide a BRIEFING to
City Council on February 8, 1994. The Public Information Office will distribute information to the citizens
after this Briefing.
January 25, 1994
- 53 -
Item III-L.5.
UNFINISHED BUSINESS
ITEM # 37662
ADD-ON
Councilman Dean referenced the correspondence of January 20, 1994, relative an update on the Race
Track improvements. A start date has been established for the design work in January.
The City Manager stated the letter was advising the consultant selection process had begun, which is
anticipated to take until the end of March to complete. The design work will commence around April
First.
It is anticipated the racing commission will make a decision hopefully in June.
January 25, 1994
- 54-
Item III-M.l.
NEW BUSINESS
ITEM # 37663
Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council ADOPTED:
Resolution referring to the Planning Commission an AMENDMENT to
the City Zoning Ordinance re Aircraft Noise Attenuation Features in
Buildings and Structures affected by flight operations at NAS Oceana.
(Sponsored by Mayor Meyera E. Oberndorf and Councilman James w:
Brazier)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James w: Brazier, Jr., Robert w:
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
Requested by Mayor Meyera E. Oberndorf
and Councilmember James W. Brazier
1 A RESOLUTION REFERRING TO THE
2 PLANNING COMMISSION AN AMENDMENT TO
3 THE CITY CODE PERTAINING TO AIRCRAFT
4 NOISE ATTENUATION FEATURES IN
5 BUILDINGS AND STRUCTURES AFFECTED BY
6 FLIGHT OPERATIONS AT NAS OCEANA.
7 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That the attached amendment to the City zoning Ordinance
10 pertaining to noise attenuation is hereby referred to the Planning
11 Commission for its consideration and recommendations.
12
The Planning Commission is hereby requested to make its
13 recommendation to the City Council within ninety (90) days of the
14 date of this resolution.
15
Adopted by the Council of the City of Virginia Beach,
16
virginia, on this
25
day of January
, 1994.
17 CA-5453
18 ordin\noncode\noise.res
R-1
Prepared: 01/12/94
Requested by Mayor Meyera E. Oberndorf
Councilmember James W. Brazier, Jr.
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH BY THE ADDITION OF AN APPENDIX
4 H THERETO, TO BE KNOWN AS THE
5 AIRPORT NOISE ATTENUATION ORDINANCE
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That the Code of the City of Virginia Beach be, and hereby is,
9 amended and reordained by the addition of an Appendix H thereto, to
10 be known as the Airport Noise Attenuation Ordinance, which shall
11 read as follows:
12
See. 1.
Title.
13 This ordinance shall be known as the Airport Noise Attenuation
14 Ordinance of the city of Virainia Beach.
15 See. 2. PurDose and intent.
16 (A) The intent of city council and the purpose of this
17 ordinance are to: (1) protect the public health. safety and welfare
18 from the adverse impacts associated with excessive noise from
19 flight operations at NAS Oceana; to insure that the construction of
20 buildings and structures or portions thereof. which are located
21 within those areas of Virqinia Beach that are likely to be affected
22 by aircraft noise associated with flight operations at NAS Oceana.
23 provide for appropriate sound reduction to minimize the impact of
24 such noise on occupants: and to insure that purchasers or lessees
25 of property within airport noise zones are aware of the associated
26 noise levels.
27
The acoustical performance standards established by this
28 ordinance deal with noise attenuation in construction and with
29 disclosure to potential purchasers or lessees of the existence of
30 associated aircraft noise.
31
lB)
The designation of any parcel of land as lying in an
32 airport noise zone shall be in addition to. and not in lieu of. the
33 zonina district classification of such parcel. such that any parcel
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
of land situated within an airport noise zone shall also lie in one
or more of the zoning districts established pursuant to section 102
of the city zoning ordinance (Appendix A] and shall be subject to
all ap~licable provisions of this ordinance and the city zoning
ordinance.
Sec. 3.
Definitions.
As used in this ordinance. the term "Qermits and inspections
division" or "division of permits and inspections" shall mean the
division of Dermits and inspections of the department of public
works and the term "building official" shall mean the building
code administrator of the permits and inspections division.
Sec. 4. Airport noise zones and boundaries.
(A) The Airport Noise Overlay Map adopted bY the city council
shall be used as a guide to the general location of the airport
noise zones. The site-specific boundaries of the airport noise
zones shall include all the lands shown as being within the 65 dB
Ldn contour of the NAS OCEANA/ ALF FENTRESS AICUZ FOOTPRINT. as
updated. Such map shall be located in permits and inspection
division.
(B) For purposes of
provisions of this ordinance.
noise zones:
administering and enforcinq the
there shall be three (3) airport
(1) 65-69 dB Ldn
(2) 70-74 dB Ldn
(3) 75 dB Ldn or qreater
The purpose of the establishment of three (3) airport noise
zones is to distinguish between the severity of the level of noise
impacts so that appropriate acoustical performance standards can be
established to mitigate the adverse impacts of aircraft noise.
Sec. 5. Acoustical performance standards.
(A) Except as otherwise provided. any structure or addition
built or placed within an airport noise zone after Julv 1. 1994.
shall be constructed to provide acoustical treatment measures which
achieve a maximum interior noise level of 45 dB Ldn.
2
68 (1) within the 65-69 dB Ldn contour line. the use of
69 roof and exterior wall assemblies which have a laboratory sound
70 transmission class (STC) of at least 39. and doors and windows
71 which have a laboratory STC of at least 28 shall be required.
72 (2) within the 70-74 dB Ldn contour line. the use of
73 roof and exterior wall assemblies which have a laboratory sound
74 transmission class (STC) of at least 44. and doors and windows
75 which have a laboratory STC of at least 33 shall be reauired.
76 111 within the 75 or areater dB Ldn contour line.
77 the use of roof and exterior wall assemblies which have a
78 laboratory sound transmission class (STC) of at least 49. and doors
79 and windows which have a laboratory STC of at least 38 shall be
80 reauired.
81 (B) The standards specified in subsection (A) hereof shall be
82 met by one of the followina:
83 (1) A certification by an acoustical engineer that the
84 construction practices and/or materials of the structure shall
85 achieve the required interior noise level. The acoustical
86 professional shall submit all relevant information pertinent to the
87 certification to allow the permits and inspections division to
88 verifY that the proposed measures will achieve the interior noise
89 level standard. or
90 (2) A determination by the division of permits and
91 inspection that the interior noise level standard is met based on
92 the exterior and/or interior wall and roof assemblies.
93 Sec. 6. Nonconforming buildinas and structures.
94 (A) Any use. buildina or structure which lawfullY existed on
95 the effective date of this ordinance and which is not in conformity
96 with anyone or more of the provisions of this ordinance. and any
97 use. building or structure which lawfully existed on the date of
98 adoption of any amendment to this ordinance and which is not in
99 conformity with such amendment. shall be deemed nonconformina.
100 (B) All chanaes of use or extension. enlaraement. relocation
101 or substantial alteration of a nonconforming use. buildina or
102 structure shall be subject to the acoustical Derformance standards
3
103 specified in section 5 of this ordinance unless otherwise
104 authorized bY the buildinq official pursuant to subsection (D).
105 (C) Nothing in this section shall be construed to ~rohibit
106 the reconstruction or restoration of any nonconforming building or
107 structure which is destroyed or damaged by reason of casualty loss.
108 provided that the area encompassed by such buildinq or structure.
109 as reconstructed or restored is not extended or enlarged.
110 Relocation of a building or structure shall be allowed only as
111 provided in subsection (B) hereof.
112 (D) The building official shall review any application for a
113 change of use or extension. enlargement. relocation or substantial
114 alteration of a nonconforming use. building or structure to
115 determine if the acoustical performance standards specified in
116 section 5 of this ordinance will be required. In making the
117 determination. the buildinq official may impose reasonable and
118 appropriate conditions which will ensure that the health. safety
119 and welfare of the occut)ants of any such nonconforming use.
120 building or structure will not be unduly endangered. The building
121 official may establish such review policies as deemed expedient in
122 effectuatinq the intent of this section.
123 Sec. 7. Exemotions.
124 The acoustical performance standards specified in section 5 of
125 this ordinance shall not apply to the construction of buildings or
126 structures classified in the Virginia Uniform Statewide Building
127 Code as use group B (business. offices). F (factory and
128 industrial). M (mercantile). S (storaqe. warehouse). and U (utility
129 and miscellaneous).
130 Sec. 8. Appeals.
131 (A) Any determination or decision made by the building
132 official or any administrative officer in the administration or
133 enforcement of this ordinance may be appealed in writing to the
134 local board of buildinq code appeals within thirty (30) days from
135 the date of such determination or decision. The appeal shall be
136 filed in the office of the building official. In the event such an
4
137 appeal is filed. the local board of building code appeals shall
138 schedule at least one public hearina on the matter and render its
139 decision in writina to the appellant within fourteen (14) working
140 days from the date of the public hearina.
141 (B) Any party aagrieved bv anv decision of the local board of
142 buildina code appeals may. within thirty (30) days of the date of
143 such decision. petition the circuit court of the City of Virainia
144 Beach to review such decision. The procedure in such cases shall
145 be as provided in section 15.1-497 of the Code of Virainia. 1950.
146 as amended. No party having failed to appear at the hearina
147 before the local board of building code appeals and object to the
148 appeal at that time shall be deemed to be an aaarieved party.
149 Sec. 9. Disclosure.
150 (A) The followina statement shall be placed on all
151 subdivision plats. site plans. and deeds pertainina to properties
152 lying within an airport noise zone: "Noise Disclosure - This
153 property. either partially or wholly lies within the City of
154 Virainia Beach's airport noise zone and mav be subiect to above
155 averaae noise levels due to its proximity to the fliaht operations
156 at NAS Oceana."
157 (B) Any person marketina property for sale or lease within an
158 airport noise zone shall provide written disclosure to all
159 prospective purchasers or lessees that such property is within an
160 area affected by aircraft noise. Such written notification shall
161 also be placed in all sales contracts. leases. brochures. and
162 promotional documents. as well as in all Homeowners Association
163 documents. and shall read as follows: "Noise Disclosure - This
164 propertv. either partiallY or wholly. lies within the city of
165 Virginia Beach's airport noise zone and may be subject to above
166 average noise levels due to its proximity to the fliaht operations
167 at NAS Oceana. New buildina construction in this area is required
168 to mitiaate for the above average noise levels."
5
169 Seo. 10. Violations.
170 (A) A violation of any of the provisions of this ordinance
171 shall be a misdemeanor punishable bY a fine in an amount not
172 exceeding two thousand five hundred dollars ($2.500) or confinement
173 in iail for a period not exceedina twelve (12) months. or both.
174 (B) In addition to. and not in lieu of. the penalties
175 prescribed in subsection (A) hereof. the city may applY to the
176 circuit court of the City of Virainia Beach for an iniunction
177 aqainst the continuinq violation of any of the provisions of this
178 ordinance and may seek any other remedy authorized by law.
179 (C) Upon notice from the permits and inspections division
180 that any activity is being conducted in violation of any of the
181 provisions of this ordinance. such activity shall be immediatelY
182 stopped. An order to stop work shall be in writing and shall state
183 the nature of the violation and the conditions under which the
184 activity may be resumed. No such order shall be effective until it
185 shall have been tendered to the owner of the property upon which
186 the activity is conducted or his aaent or to any person conductina
187 such activity. Any ~erson who shall continue an activity ordered
188 to be stopped. shall be auilty of a violation of this ordinance.
189 Seo. 11. Severability.
190 The provisions of this ordinance shall be deemed to be
191 severable. and if any of the provisions hereof are adjudged to be
192 invalid or unenforceable. the remaining portion of this ordinance
193 shall remain in full force and effect and their validity shall
194 remain unimpaired.
195 Seo. 12. Vested rights.
196 The provisions of this ordinance shall not affect the vested
197 riqhts of any person under existinq law.
198 Seo. 13. Administration and enforoement.
199 This ordinance shall be administered and enforced by the
200 buildina official and any inspector assianed to the permits and
201 inspections division. who shall exercise all authority of police
202 officers in the performance of their duties. Such authority shall
6
203 include. without limitation. the authority to issue summonses
204 directina the a~pearance before a court of competent jurisdiction
205 of any person alleged to have violated any of the provisions of
206 this ordinance.
207 Sec. 14. Effective Date.
208 This ordinance shall become effective on the first day of
209 July. 1994.
210 Adopted by the Council of the City of Virginia Beach, Virginia
211
on the
day of
, 1994.
212 CA-5413
213 ORDIN\PROPOSED\APPENDIX-H.ORD
214 JANUARY 12, 1994
215 R-2
7
- 55 -
Item III-M.2.
NEW BUSINESS
ITEM # 37664
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolution to request the General Assembly ADOPT legislation to allow
the establishment of a Volunteer Prosecutor program in the
Commonwealth Attorney's Office.
(Sponsored by Vice Mayor w: D. Sessoms, Jr.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James w: Brazier, Jr., Robert w:
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
Requested by vice-Mayor William D. Sessoms, Jr.
1
2
3
4
A RESOLUTION REQUESTING THE GENERAL ASSEMBLY
ADOPT LEGISLATION TO ALLOW THE ESTABLISHMENT
OF A VOLUNTEER PROSECUTOR PROGRAM IN THE
COMMONWEALTH ATTORNEY'S OFFICE
5
WHEREAS, the Office of the Commonwealth Attorney is
6 responsible for prosecuting violations of the state Code;
7 WHEREAS, State funding for the Office has fallen behind
8 in recent years;
9 WHEREAS, this insufficient funding has caused a shortage
10 of prosecutors;
11 WHEREAS, the Commonwealth Attorney has been forced to
12 prioritize the cases that may be prosecuted, thereby resulting in
13 the reduction in prosecutorial efforts against those charged with
14 lesser offenses; and
15
WHEREAS, legislation is needed which will allow local
16 attorneys to be involved in a pro bono prosecutors program which
17 will provide free prosecutorial assistance to the Commonwealth
18 Attorney's Office.
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21 That the General Assembly of Virginia is requested to
22 adopt legislation that would allow volunteer prosecutors to assist
23 the Office of the Commonwealth Attorney in the City of Virginia
24 Beach.
25 Adopted by the Council of the City of Virginia Beach,
26
Virginia, on the 25
day of January
, 1994.
27 CA-5463
28 ORDIN\NONCODE\CAVOL.RES
29 R-1
30 PREPARED: 01/19/94
- 56-
Item III-M.3.
NEW BUSINESS
ITEM # 37665
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS
REVISED:
Ordinance to AMEND and REORDAlN Chapter 2, Article 1 of the Code
of the City of Virginia Beach, Virginia, by ADDING a new Section 2-3.1
re attendance records for Boards and Commissions. (Sponsored by
Councilman James w: Brazier, Jr.)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James w: Brazier, Jr., Robert w:
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Obemdorf, Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
Requested by Councilmember James W. Brazier, Jr.
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 2, ARTICLE 1 OF THE CODE OF
3 THE CITY OF VIRGINIA BEACH, VIRGINIA
4 BY ADDING A NEW SECTION 2-3.1
5 PERTAINING TO BOARDS AND COMMISSIONS
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Chapter 2, Article 1 of the Code of the City of Virginia
9 Beach, Virginia is hereby amended and reordained by adding a new
10 section 2-3.1 to read as follows:
11 Sec. 2-3.1. Boards and commissions generally.
12
igl Except as otherwise provided by law. attendance records
13 shall be kept at each meeting of every board and commission of the
14 city, or other council-appointed aqency. which records shall be
15 provided to City Council throuah the City Clerk's office at least
16 forty-five (45) days prior to the scheduled term expiration date
17
for the members of each such board. commission or aqency.
No
18 member of any such board. commission or aaency shall accumulate an
19 annual total of more than three (3) absences, or be absent from
20 more than one-fourth of the total number of meetinas held by such
21 board. commission or agency within a aiven calendar year. for
22 reasons other than personal illness, the illness or death of a
23
relative, or other circumstances beyond the member's control.
If
24 this limitation is exceeded. the chairperson of such board,
25 commission or aqency shall forthwith report to the city Clerk the
26 name of the member whose unexcused absences exceed the number
27 allowed herein. The city Clerk shall then notifY such member in
28 writinq. with a COPy of such notification to the members of the
29 city Council, that due to unexcused absences in excess of the
30 number allowed herein. his or her term of membership on the board,
31 commission or aaency has terminated.
32
1Ql Notwithstandina the provisions of subsection (a). and
33 except as otherwise provided by law. all members of boards and
34 commissions of the city. and other Council-appointed aaencies.
35 shall serve at the pleasure of the city Council.
36 Adopted by the Council of the City of Virginia Beach, Virginia
37
on the
25
day of
January , 1994.
38 CA-5447
39 \ORDIN\PROPOSED\2-3-1.0RD
40 R-3
41 JANUARY 25, 1994
- 57-
Item III -M.4.
NEW BUSINESS
ITEM # 37666
Upon motion by Councilman Dean, seconded by Councilman Brazier, City Council ADOPTED, AS
REVISED:
Resolution to request the Southeastern Public Service Authority (SPSA)
evaluate options re a Material Recovery Facility. (Sponsored by
Councilman Robert K. Dean)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James w: Brazier, Jr., Robert w:
Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
January 25, 1994
Requested by Councilmember Robert K. Dean
1 A RESOLUTION REQUESTING THE SOUTHEASTERN
2 PUBLIC SERVICE AUTHORITY TO EVALUATE OPTIONS
3 CONCERNING A MATERIAL RECOVERY FACILITY
4
5
6 WHEREAS, the Southeastern Public Service Authority (SPSA)
7 has planned the development of a Material Recovery Facility (MRF)
8 within its service area;
9 WHEREAS, such MRF could be constructed through the use of
10 public funds;
11 WHEREAS, there are now in operation in the Hampton Roads
12 area several MRFs owned and operated by the private sector; and
13 WHEREAS, the MRFs already in existence may provide ample
14 capacity for material recovery operations in the region, such that
15 the expenditure of public funds by SPSA for the construction of a
16 new MRF may be premature and unnecessary;
17 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
18 OF VIRGINIA BEACH, VIRGINIA:
19 That the Southeastern Public Service Authority, be, and
20 hereby is, requested to evaluate and consider options including
21 proposals from the private sector concerning a Material Recovery
22 Facility to serve the needs of the citizens of Hampton Roads.
23 The City Clerk is hereby directed to transmit a true copy
24 of this Resolution to the Executive Director and members of the
25 Board of Directors of SPSA.
26 Adopted by the Council of the City of Virginia Beach on
27
the
25
day of January
, 1994.
28
29 CA-5430
30 \noncode\mrf.res
31 R-4
32 1/25/94
- 58-
Item III -M.s.
NEW BUSINESS
ITEM # 37667
Council Lady Parker distributed a proposed Resolution:
Resolution in Support of Governor Allen's Proposal that any increase in
state income or stlles taxes must be approved by a two-thirds affirmative
vote of both houses of the General Assembly.
This Resolution will be SCHEDULED for the City Council Session of February 1, 1994.
January 25, 1994
- 59-
Item III -M.6.
NEW BUSINESS
ITEM # 37668
Mayor Oberndorf referenced Delegate Frank Wagner's Legislative Bill relative removing the toUs on 1-44.
This information has gone to a subcommittee. Delegate Wagner requested City Council consider taking
a position on whether or not the governing body would support removing the toUs. Delegate Wagner was
very concerned that City Staff, as opposed to a member of the elected body, presented the position of the
City at the General Assembly.
Financial Statistics relative removal of the tolls was forwarded by Delegate Wagner
January 25, 1994
Item III-N.1.
ADJOURNMENT
-60-
ITEM # 37669
Mayor Obemdorf DECLARED the Meeting ADJOURNED at 9:05 PM.
~__&_Z!~______
Beverly O. Hooks, CMC
Chief Deputy City Clerk
th Hodges Smith, CMC/AAE
City Clerk
City of Virginia Beach
Virginia
Meyera E. Obemdorf
Mayor
January 25, 1994
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE: January 25, 1994 B R L T R P E
PAGE: 1 R A Y J E N A S
B A Z B D 0 I M D R S
A N I U E N G 0 0 K 0
AGENDA U C E R A E N S R E M
ITEM II SUBJECT MOTION VOTE M H R N N S E S F R S
I BRIEFINGS:
A COMPLIANCE/CHESAPEAKE BAY Robert J Scott
PRESERVATION COMP PLAN Dir Planning
B RESORT BEACHJBEACH AREA Robert J Scott
PARKING PLAN Dir Planning
1I/l11/E CERTIFICATION OF EXECUTIVE CERTIFIED 9-0 Y Y A Y Y Y Y A Y Y Y
SESSION
F MINUTES: January 11, 1944 APPROVED 9-0 Y Y A Y Y Y Y A Y Y Y
G MAYOR'S PRESENTATION: Dr Larry
Whitworth
PROCLAMATION President TCC
TCC - 25TH ANNIVERSARY Dr Mike
laBauve
Provost
VB Campus
Dr ET
Buchanan
Dean TCC
H PUBLIC HEARINGS:
1 SOUTHERN RURAL
PRESERVATION AREA
2 REALJPERSONAL PROPERTY
STATElLOCAL TAX EXEMPTION
a Council of United Filipino Organizations
of Tidewater. Inc.
1/1 Resolution to support legislation at 94 ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
General Assembly to designate
reaVpersonal property owned by Council
of United Filipino Organizations of
Tidewater Inc as EXEMPT from
State/Local ReaVPersonaJ Property
Taxation
2 Resolution to direct Planning Commission ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
recommendation re Comp Plan
Amendments for consistency with
CBPA/regulations
3 Resolution to direet Planning ADOPTED 9-0 y y A y y y y A Y y y
CommissionJRMC recommendations re
Oceanfront Resort Area Concept Plan
4 Ordinance to AMEND Article VI of ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
Chapter 2 of Code AMENDING
See 2-195 2-196 2-197 2-198 2-199
re CI P Budget
5 Ordinance to AMEND See 21-440.3 ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
21-440.4 21-440.5 21-440.9
21-440.10 of Code re Residential Parking
Permits
6 Ordinance to ACCEPT/APPROPRIATE a ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
$1,991.415 Federal Community Policing
Grant establishing 28 new Police Officersl
appropriate 25% match In FY 1994-1995
BudgevrRANSFER $280.000 to purchase
vehicles
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE: January 25, 1994 B R L T R P E
PAGE: 2 R A Y J E N A S
B A Z B D 0 I M D R S
A N I U E N G 0 0 K 0
AGENDA U C E R A E N S R E M
ITEM 1# SUBJECT MOTION VOTE M H R N N S E S F R S
7 Ordinance to authorize City Manager ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
TRANSFER residual balance of EDlP to AS
Development Authority/future AMENDED
appropriations be provided in lump sum to
the Authority
8 Ordinance to TRANSFER $331,060 to ADOPTED 8-2 Y Y Y Y N Y Y A Y N Y
Laskin/HoIly Road Intersection re
additional site acquisition/improvements
J/1 Resolution to authorize a Sewer Cost ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
Participation Agreement of $23,107 with
School Board for construction of sewer
facilities in Corporate Landing Subdivision
(PRINCESS ANNE BOROUGH)
2 Ordinance to AMEND See 2-226 of Code ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
re City Depositories for the City Treasurer
3 Ordinance to AMEND See 21-364 ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
21-371 21-405 of Code re Parking
Violations
4 Ordinance to APPROPRIATE $1,223 from ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
Parks/Rec Gift Fund in accord with
contributionslincrease revenue from
donations
5 Ordinance to ACCEPT/APPROPRIATE ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
$10,000 in Federal Funding to MHlMRlSA
to enhance Project Unk/$1,500 in State
Funding to enhance VDOT Protect Our
Kids in Traffic (POKIT) Program
6 Ordinance to ACCEPT/APPROPRIATE ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
$1,500 from VDOT Grant re purchase of
portable laser printer to inspect motor
carriers for Police
7 Ordinance to APPROPRIATE $54,786 in ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
State Intensified Drug Assistance
Program Grant from City of Norfolk re
acquisition of local area network
components/Workstations for CRIMES
8 Ordinance to authorize acquisition of ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
property in fee simple for installation of a
permanent pump station/outfall for
Chesapeake Beach Drainage
Phase/easements by agreement or
condemnation (BAYSIDE BOROUGH)
9 Ordinances appointing viewers in petitions ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
of Georgia-Pacific Corp for closure of
portions of streets in KEMPSVILLE
BOROUGH:
a Mac Street
b Price Street
10 Request of Home AssocIates of Virginia ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
100 to accept open space reservation
waiver payment of $4,000 to be applied to
improvements to an existing park in
Foxon Road Subdivision
11 Tax Refunds $1,582.31 ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
12 Ucense Refunds $6,598.86 ADOPTED 9-0 Y Y A Y Y Y Y A Y Y Y
K/1/a RECONSIDERATION OF CONDITIONS APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
Application of PAUL N. SUTTON INC EXPANSION OF
T/A PAUL'S AUTO SERVICE for AUTO REPAIR
Conditional Use for auto repair at 128 FACIUTY
Happy Street (KEMPSVILLE BOROUGH)
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
L 0
A B
B C N E S
DATE: January 25, 1994 B R L T R P E
PAGE: 3 R A Y J E N A S
B A Z B D 0 I M D R S
A N I U E N G 0 0 K 0
AGENDA U C E R A E N S R E M
ITEM 1# SUBJECT MOTION VOTE M H R N N S E S F R S
b HENRY EJMICHELE SPRAY UNDEMAN APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
enlargement of nonconforming use
(single-family home) at 405 Fountain
Drive (LYNNHAVEN BOROUGH)
c MELBA LOUISE PHIWPS enlargement APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
of nonconforming use to construct
addition to rear of existing mobile home at
3456 Muddy Creek Road
(PUNGO BOROUGH)
d AVALON HIlLS BAPTIST CHURCH APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y
CUP: church on Indian River CONDITIONED
Road/Strickland Blvd
(KEMPSVILLE BOROUGH)
e EXXON CORP CUP: auto service sta at APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y
4300 Virginia Beach Blvd CONDITIONED
(KEMPSVILLE BOROUGH)
f J D BAREFOOT JR/KENNETH D APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y
BAREFOOT CUP: recreational facility CONDITIONED
(driving range/miniature golf course) at AS REVISED
Centerville Turnpike/Lynnhaven Parkway
(KEMPSVILLE BOROUGH)
g WILLIAM MARK BOYETTE CUP: single- APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
family dwelling on Old Carolina Road/
Blackwater Road (BLACKWATER
BOROUGH)
h HAROLD DEAN FLORA SA/MARY APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y
EUEN FLORA Conditional COZ from AS
AG-2 to B-2 on 1941 General Booth PROFFERED
Blvd (PRINCESS ANNE BOROUGH)
i SA YMARK CONSTR CORP Conditional APPROVED 9-0 Y Y Y Y Y Y A A Y Y Y
COZ at 2812 HoUand Road AS
(PRINCESS ANNE BOROUGH): PROFFERED
(1) From AG-1 to R-7.5
(2) From AG-2 to R-7.5
j Ordinances to AMEND Sections of CZO: ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
(1) Dimensional requirements-See 502(a)/(e)
(2) Setback requirements for chimneys-
See 201
l/M/ Resolution referring to Planning ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
1/a commission AMENDMENT to CZO re
Aircraft Noise Attenuation at NAS Oceana
(Sponsored by
Mayor Meyera E. Oberndorf/
Councilman James W. Brazier)
b Resolution to request General Assembly ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
ADOPT legislation to allow the
establishment of a Volunteer Prosecutor
Program in the Commonwealth Attorney's
Office (Sponsored by
VICe Mayor W. D. Sessoms Jr)
c Ordinance to AMEND Chapter 2, Article 1 ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
of the Code by ADDING See 2-3.1 re
attendance records for Boards and
Commissions (Sponsored by
Councilman James W. Brazier Jr)
d Resolution to request SPSA evaluate ADOPTED 10-0 Y Y Y Y Y Y Y A Y Y Y
options re a Material Recovery Facility
(Sponsored by
Councilman Robert K. Dean)
N ADJOURNMENT: 9:05 PM