NOVEMBER 6, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
jl- j@,,
]01., --,l
CITY COUNCIL AGENDA
.... ...... ..
NOVEMBER 6, 1990
ITEM 1. OOUNCIL CONFERENCE SESSION - Conference Ro(xn - 11:00 Am
A. COMMUNITY SERVICES BOARD
John Y. Richardson, Secretary/Treasurer
ITEM 11. CITY MANAGERIS BRIEFING - Conference Room - 11:15 AM
A. CAPITAL IMPROVEMENT PROGRAM
FY 1990-91 - 1994-95
E. Dean Block, Assistant City Manager for Analysis and Evaluation
ITEM 111. CITY COUNCIL CONCERNS - Conference RO(NN - 12:30 PM
ITEM IV. L U N C H - Conference Room - 1:00 pM
ITEM V. INFORMAL SESSION - Conference Room - 1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
ITEM VI. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Reverend Andrew Jackson
Central Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - October 23, 1990
G. RESOLUTIONS
1. Resolution requesting the General Assembly identify Indigent health
funding as a priority for the 1990's; and, APPROPRIATE additional
funds for Indl gent Heal th Care establ Ishing a formula that takes
into account the needs of the local lties by examining the number
of Indigents, infant mortality rates and other indicators of health
needs.
2. OPTION 1.
Resolutlon to proceed, or not to proceed, with estabi lshing a
Hman Rights Commission.
OPTION 2.
Resolution to enl 1st the help of the Fel lowship Committee in
examining the human relations needs of the community.
H. CONSENT AGENDA
Al I matters I isted under the Consent Agenda are considered In the
ordinary course of business by City Counci I and wi I I be enacted by
one motion in the form listed. If an Item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution approving the issuance of Variable Rate Demand Revenue
Bonds to Patrick Henry Hospital, Inc., (T/A Riverside Regional
Convalescent Center) In the amount of $2,700,000 re financing
acquisition, construction and equipping a 60-bed nursing horne at
1604 Old Donation Parkway, (LYNNHAVEN BOROUGH).
2. Resolution authorizing the City Manager to notify the Virginia
Department of Transportation to proceed with acquisition of right-
of-way for Princess Anne Road Phase Ill East.
3. Ordinance to AMEND and REORDAIN Sections 21-311 and 21-312 of the
Code of the City of Virginia Beach, Virginia, re reckless driving.
4. Ordinance authorizing and directing the City Manager to execute a
Police Mutual Aid Agreement with the Cities of Chesapeake, Hampton,
Newport News, Norfolk, Portsmouth, Suffolk and Virginia Beach; and,
the County of James City.
5. Ordinance declaring EXCESS property located at the Southwest corner
of North Birdneck Road and Americus Avenue, containing 2,384 square
feet; and, authorizing the City Manager to dispose of same.
6. Ordinances, upon FIRST READING:
a. To APPROPRIATE $92,495 In community development excess program
incorne funds for housing loans and grants for the Virginia
Beach Community Development Corporation's transitional housing
program.
b. To APPROPRIATE $5,794 In State SHARE Homeless Intervention
Program funds; and, authorize the City Manager to execute a
contract with The Planning Council to administer these funds.
c. To APPROPRIATE $18,000 from the General Fund to Ocean Park
Rescue Squad re the purchase of an ambulance.
7. Ordinance to authorize a temporary encroachment for a bulkhead Into
a portion of the property known as the waters of Crystal Lake, to
Jeffrey E. Murden (LYNNHAVEN BOROUGH).
8- LOW BIDS:
JOHN D. STEPHENS, INC. Lake Gaston Water $6,257,657.00
Supply Project
(Contract C-1a)
(CIP 5-964)
A. STUART BOLLING Kempsville Suction $ 916,100.00
COMPANY, INC. Main, Phase I
(CIP 5-938)
ARNETTE CONSTRUCTION Great Neck Point $ 613,775.35
& DEVELOPMENT COMPANY Water and Sewerage
Improvements
(Contract 1)
(CIPs 6-942, 5-022)
9. Ordinance to TRANSFER $195,400 from Independence Boulevard, Phase
IV, to Princess Anne/Seaboard Road Intersections. These funds to
be replaced upon approval of the FY 1991-1995 CIP;
AND,
LOW BID:
WILLIAMS CORPORATION Princess Anne/ $ 231,955.10
OF VIRGINIA Seaboard Road
Intersection
(CIP 2-098)
10. Ordinance authorizing tax refunds In the amount of $6,698.01.
11. Ordinance authorizing license refunds In the amount Of $30,594.86.
1. PUBLIC HEARING
1. PLANNING
a. CHESAPEAKE BAY PRESERVATION AREA REGULATIONS
1. Ordinances to AMEND and REORDAIN the Code of the City of
Virginia Beach, Virginia:
(a) ADDING Appendix F to be known as the Chesapeake Bay
Preservation Area Ordinance.
2. Ordinances to AMEND and REORDAIN:
(a) Appendix A, Sections 101, 102, Ill and 200 of the City
Zoning Ordinance re legislative Intent, establishment
of districts and official zoning maps, definitlons and
zoning lots.
(b) Appendix B, Sections 5.10, 6.1 and 6.3 of the
Subdivision Ordinance re underground utilities,
preliminary plats and data generally and final plats
and data.
(c) Appendix C, Sections 2, 3, 4, 5 and 7 of the Site Plan
Ordinance re uses requiring site plan review,
procedures, information required on site development
plan, minimum standards and specifications and
variances and appeals.
(d) ADDING Section 16 re Stormwater Managernent Ordinance
to Appendix D.
(e) ADDING Section 30-78 re erosion and sediment control
and tree protection.
DEFERRED: September 18, 1990; October 23, 1990.
Recommendation: APPROVAL
3. Ordinance to AMEND and REORDAIN Article XXII, Chapter 2, of
the Code of the City of virginia Beach by ADDING Section
2-452.1 re creation of the Chesapeake Bay Preservation Area
Board.
DEFERRED: September 18, 1990; October 23, 1990.
Recommendation: APPROVAL
J. UNFINISHED BUSINESS
K. NEW BUSINESS
L. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
DECEMBER 6, 1990 2:00 PM
Reschedule of December 4
NATIONAL LEAGUE OF CITIES
(All Sessions of City Council are now held weekly on Tuesday)
11/01/90 Igs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Vlrgitila Beacti, Virginla
November 6, 1990
Mayor Meyera E. Oberndorf called to order the COUNCIL CONFERENCE SESSION of the
VIRGINIA BEACH CITY COUNCIL in the Conference Room, City Hall Building, on
Tuesday, November 6, 1990, at 11:00 A.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne,
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Reba S. McClanan (OUT OF THE CITY)
William D. Sessoms, Jr. (ENTERED: 11:53 A.M.)
- 2 -
C 0 U N C I L C 0 N F E R E N C E S E S S I 0 N
COMMUNITY SERVICES BOARD
11:00 A.M.
ITEM # 33645
John Y. Richardson, Secretary-Treasurer - Community Services Board, advised he
was representing the Chair, Priscilla M. Beede, as she was an election official
and unable to attend.
The Community Services Board has just completed a four-year cycle of
exceptional growth. In FY 1986 and FY 1987 there was extensive planning, public
hearings and Interactions with the General Assembly, as well as the benefits
of the Baliles Mental Health Initiative. Over the past five years the Community
Services Board budget expanded more than 50%, while the dependence on the
City's share of that Budget has decreased from 46% to 39%. Aggressive fee
collection, utilization of Federal supports and involvement of Community
organizations toward the enhancement of the quality of life for those persons
with disabilities have been the hallmark of the CSB services. The Board Is
cornprised of eleven dedicated Individuals. Mr. Richardson introduced Father
Edward L. Richardson, the newest member; Robert B. McKenna, Chairman - Mental
Health Committee; Jacqueline B. Beach, Chairman - Mental Retardation and
Developmentally Disabled Committee; and, Michael J. Barrett, Chairman -
Substance Abuse. The Board Is also blessed with an excellent statf. Dr. Dennis
Wool Is Executive Director. Keith Johnson, Executive Director - Beach House,
was recognized as the Outstanding City Employee last year. The CSB received
City Manager's Awards for Creativity and Innovation and has been recognized
nationally for Program Excellence In regard to the mentally Ill. Three
Governor's Gold Medal Awards for Volunteer Excellence have been received for
the Friends of Detox, Infant Stimulation and Beach House. The Annual Drug Free
Award is held through partnership with the Schools, the PTA, "Just Say Noll
Clubs as well as the police and the community. The CBS participated in the
success of "FIRST NIGHT", a substance-free New Year's Eve. There has been
$150,000 In private donations for the Infant Stimulation Building and the
acquisition of fifty (50) properties through the Federal Stuart B. McKinney
Homeless Assistance Program to provide alternative houslng for disabled people,
as well as the cornplete furnishing of these homes through a group called
Concerned Citizens. Through the assistance of the Rotary Clubs, a Rotary
Respite House has been developed for disabled Individuals requiring emergency
assistance. A PUBLIC HEARING is SCHEDULED for 7:00 P.M., Tuesday, November 27,
1990, at the Pavilion. The public will express their concerns relative
services. Mr. Richardson extended appreciation to the City Council for their
continued support.
Michael Barrett, Chair - Substance Abuse, advised the Committee was striving
to assure the services provided make a difference in the indivlduals' lives
enabling them to become self-sufficient and capable of operating In society in
a drug-free state. Hopefully by the provision of these services, the recipients
will become better citizens. Thousands of individuals attend the CSB's
prevention events. A continuum of services are provided by early prevention and
education, by cooperation with law enforcement as well as emergency services
needed In the event prevention or Intervention does not solve the problem.
Jacqueline B. Beach, Chairman - Mental Retardation and Developmental ly
Disabled Committee, advised the emphasis of this Committee is working with
citizens in the community having mental retardation and developmental
disabilities. The Committee serves 900 clients ranging from newborns in Infant
stimulation programs to eighty years old. The degree of handicap varies from
severe to those Individuals who can work In the community and I lve In a smal I
group horne. The Committee assists in training and employment, housing, support
services, early Intervention, case management and Infant stimulation. Fairfax,
the largest Community Services Board in Virginia, does not have al I the
volunteerism and private assistance as the City of Virginia Beach.
- 3 -
C I T Y M A N A G E R tS B R I E F I N G
C014MUNITY SERVICES BOARD
ITEM # 33645 (Continued)
There are currently approximately 260 volunteers. Businesses and Civic
Organizations have also provided support: Junior Women's Club, the Kiwanis, the
Green Run High School Students, Rotary Club, as well as Advocacy Groups
comprised of Friends of Infant Stimulation-and Concerned Citizens for Special
People. The Medicald Waiver appl ies to the mental retardation population and
assists In the support of the citizens In the community rather than
Institutions by providing f unds for case management and behavioral
consultations. Mrs. Beach distributed photographs of the children associated
with the Infant Stimulation Prograrn. The Infant Stimulation Facility Is a
facility on the property of Wycliff Presbyterian Church on Great Neck Road. The
Church donated the property at $1.00 a year. The Friends of Infant Stimulation,
as wel I as the other civic groups, provided the funds and materials to
renovate the building. Mrs. Beach displayed photographs of the building before
renovation and after cornpletion of the first phase. The facility houses
approximately 90 children. The Connunity Services Board provides the
professional staff. Community Alternatives has devised vacations for Mentally
Retarded Adults.
Robert B. McKenna, Chairman - Mental Health Committee, advised of services
rendered by this Committee. Fee schedules were adjusted and new fee schedules
implemented for programs effected by Medicaid. Jim Cornish heads the Emergency
Services Area and he Is knowledgeable on the legal requirements of that area.
Mr. Kornish was addressing changes In the State Code requiring a "face-to-facell
prescreeing for voluntary commitment and how this reflects upon minors. Alice
Russell, Child and Use Service, serves In the School System. The Family
Training Institute Is one of the best programs and is directed by Dr. Susan
Getz. A Seminar In the Spring at Barry Robinson Institute was sponsored by Dr.
Getz. El lzabeth Bimson is in the Outpatient Services Center. Pat Francis is
Director of the Wildwood Clinic, which has had a difficult year but has made
advancements. The major accomplishment was the introduction of the Clozapine
Program, a drlig treatment program for schizophrenic patients. This drug Is
difficult to administer with serious side effects. Her major problem has been
shortage of personnel and the temporary facility Is becoming inadequate. Donna
Siller is Director of the Older Adults' Services with the major program being
Respite Care and most popular with the Citizens. Beach House, whose Director Is
Keith Johnson, Is a cornmunity rehabilitation service. This program was
evaluated In the spring by representatives from New York who initiated the Club
House model nationwide and declared Beach House the best in the nation.
In response to Mayor Oberndorf's Inquiry relative the relationship between the
services of the Community Services Board and the Pendleton Project, Dr. Wool
advised the programs do compliment one another. Pendleton refers youngsters and
families to Community Services and vice versa and there Is an interchange
between 5taff and staff training. However, the Pendleton youngsters are more
behavioral in orientation rather than a clinical psychosis or clearly defined
mental health issue. The staff at Pendleton can work with the families and
teach them some behavioral skills to assist in managing the children and
progress In a normal path the rest of their lives. The children involved with
Community Services are basically going to be mental health clients all their
lives.
- 4 -
I T E M S 0 F T H E C I T Y M A N A G E R
11:40 A.M.
ITEM # 33646
The City Manager Introduced Debbie Divine, the new Recycling Co-ordinator,
employed effective November 1, 1990. Ms. Divine has been a resident of
Virginia Beach for a number of years and Is a graduate of First Colonial High
School and Virginia Commonwealth University with a Bachelor of Science Degree
In Recreation and Resource Management. Previously she was a City Employee for
ten years from 1975 to 1985.
Mayor Oberndorf advised one of the major challenges of this position would be
to locate markets to sell the recyclables now being stored In the landfills.
ITEM # 33647
The City Manager referenced an Ordinance to TRANSFER $195,400 from Independence
Boulevard, Phase IV, to Princess Anne/Seaboard Road Intersections. These funds
to be replaced upon approval of the FY 1991-1995 CIP; AND, LOW BID: WILLIAMS
CORPORATION OF VIRGINIA Princess Anne/Seaboard Road Intersection (CIP 2-098)
In the amount of $ 231,955.10. (See Item VI-9 of the CONSENT AGENDA).
WI[liams Corporation has advised they will not be utilizing Seaboard Road for
any of the construction vehicles associated with this project. The City will be
installing "No thru truck" signs on Seaboard Road. An error was made In
calculations of funds necessary and a new agenda request form has been prepared
reflecting the correct amount with sources of funding Identified. The City
Manager distributed this form with the corrected transter in the amount of
$250,000.
5
C I T Y M A N A G E R IS B R I E F I N G
CAPITAL IMPROVEMENT PROGRAM
FY 1990-91 - 1994 -95
11:45 A.M.
ITEM # 33648
Councilman Jones distributed a Resolution requesting the City Manager submit to
City Council a quarterly financial analysis for certain Capital Projects. The
City Manager would be directed to submit to City Council a financial analysis
on a quarterly basis, a financial analysis of all projects with a total cost in
excess of $250,000, which are expected to be ready to bid for construction or
which will Involve extensive right-of-way acquisition during the upcoming
quarter. The City Council could then decide whether the funding was available
to move forward with each project. Councilman Jones requested this Resolution
be SCHEDULED in concurrence with the adoption of the Capital Improvement
Program. Copy of said Resolution Is hereby made a part of the record.
Mr. Warnstaff, Director of Public Utilities, advised Sandbridge Sanitary Sewer
CIP #6-931 has been identified for funding In Year 4, Year 5 and Years 6-10. In
maintaining City Council's direction of last year, this project has not been
moved frorn Its place. The City is estimating an Initial cost in the Fourth year
of the CIP of approximately $1,938,000 with an increase In Year 5 and Years 6-
10. Mr. Warnstaff advised approximately $1.00 per month or 10% would be the
Impact on Sanitary Sewer rates. However, this Is an estimate made today and is
based on the financial conditions of the utility at the present time. There are
many factors which Influence the financial condition: (1) The total revenues
derived from the water and sewer system (2) Total expenditures which include
debt service on bonds issued and the operation maintenance expense.
Councilwoman Parker advised a portion of the problem is areas where these
septic tanks are overused. These septic tanks were not built for the number of
people to whom the Sandbridge houses are renting. This Budget is proposing
approximately $47-MILLION for Sandbridge In comparison to $68-MILLION for the
Resort Area.
Councilwoman Parker expressed concerns relative middle schools. Councilwornan
Parker had requested E. Carlton Bowyer, Superintendent of Schools, to provide
various enrollment figures and the teacher-student radio In primary grades K-
3, as well as whlch elementary school feeds Into which junior high and which
junior hlgh school feeds into which senior high school. Mr. Bowyer's response
Is hereby made part of the record. Ocean Lakes construction Is not to be
completed until 1995. If this concept Is to be accornplished, there Is not
enough High School space comlng on line. The school construction needs to be
moved forward more expeditiously. Councilwornan Parker believed the priorities
of the CIP should be focused on education. There will be approximately 5,700
students moving frorn the fifth grade class to middle school. The ninth grade
moving to High School Is comprised of approximately 3,743 students.
Councilman Clyburn advised the School Board believed if the Tallwood High
School and the new Landstown Middle School could be constructed, this middle
school program could be Initiated. An Increase of 2,000 students was not
anticipated during this School year. However because of the economic situation,
many students In private schools have returned back to public schools.
Mayor Oberndorf advised a letter would be forwarded from the City Manager and
herself to the Chairman and Superintendent of the School Board advising of
Councilwoman Parker's concerns relative the enrollment figures, the adequacy of
the funds requested In the CIP and the possibility of moving forward the
construction of the High Schools.
Vlce Mayor Fentress requested Information relative the identification of the
road projects in the Capital Improvement Program which are 'locked In" and can
not be deferred.
6
C I T Y M A N A G E R 'S B R I E F I N G
CA,PITAL IMPROVEMENT PROGRAM
FY 1990-91 - 1994 -95
ITEM # 33648 (Continued)
Councilman Heischober advised the total funding of the Five-Year Capital
Improvement Program Is $1.179-BILLION of which $669-MILLION has already been
funded. Therefore, there Is a remalnder of $510-MILLION. It might be wise to
compare this amount with last year's CIP, which was $1.09-BILLION with $609-
MILLION already funded and $409-MILLION left unfunded. Therefore, the City Is
$110-MILLION above last year. Councilman Heischober referenced Councilman Jones
proposed Resolution and suggested the City proceed with the f irst year on a
very timely basis and then proceed depending upon the Information provided by
the Budget DepariTnent.
Mayor Oberndorf advised of her attendance at a meeting with the State School
Board who will be requesting the State General Assembly to mandate the
education of all four-year olds.
Vice Mayor Fentress advised If there is going to be control of economic
development, it must be done with the tourist industry. E. Dean Block,
Assistant City Manager for Analysis and Evaluation, advised the City would need
to extend both the Hotel and the Restaurant Meal Tax through June Thirtieth of
the year 2005 to accumulate a sinking fund sufficient enough to provide for the
debt service of the term of the bond relative Atlantic Avenue Beautification.
Councilman Sessoms believed the Improvements relative the Resort Area needed to
be accanplished as quickly as possible.
Vice Mayor Fentress referenced the correspondence of October Twentieth relative
the CIP Stormwater Section and expressed concern relative the North Beach Phase
Ill Project. C. Oral Lambert, Jr., Director ot Public Works advised, absent a
project, the City would continue to utilize the road as a collection system.
The only possible solution would be to devise methods to commence the pumping
out of the road sooner and Increasing the capacity ot this temporary pump.
Councilman Brazier requested Mr. Lambert provide a list of projects which are
committed and unable to be deferred. Vice Mayor Fentress would like to see the
Phase Ill project moved forward in the near future, even if a portion at a
time.
Mayor Oberndorf advised Senator Andrews declared the funding for the Museums
and other Capital Projects Involving cultural activities will be cut by the
State 25% 1 n th I s Budget and not f unded at a I I i n f uture budgets.
The C i ty Manager adv i sed I n format Ion w] I I be prov I ded rel at lve the acce I erat Ion
or i nter lm so I ut Ion of the North Beach Phase I I I Project. A I I st of h I ghway
proj ects w I I I be pr ior I ti zed as to whether some m ight be def erred and others
which are committed and must proceed.
The City Manager Is investigating other facil ities In the private sector for
the location of the Pendleton Project, which might meet the program's needs and
be provided at a more favorable cost.
7
C 0 N C E R N S 0 F T H E M A Y 0 R
12: 50 P. M.
ITEM # 33649
Mayor Oberndorf referenced the request of COOKE ELEMENTARY SCHOOL to renew the
Adopt-A-School partnership.
BY CONSENSUS, City Council concurred and accepted the partnership in adopting
COOKE ELEMENTARY SCHOOL.
Mayor Oberndorf will advise the School of City Council's decision.
ITEM # 33650
Mayor Oberndorf referenced the telephone call frorn the National League of
Cities relative the article of Louis Cullipher, Director of Agriculture, on
WETLANDS. The NLC expressed their sincere appreciation for this excellent,
factual article appearing in their newspaper.
- 8 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITEM # 33651
Councilman Lanteigne referenced his correspondence of October 29, 1990, to City
Council Members with enclosures consisting of a letter form the Department of
Personnel to a Virginia Beach employee called to active military duty and a
comparable letter sent by the City of Durham to one of its employees. Copies of
same are hereby made a part of the record.
Councilman Lanteigne requested the City Manager correspond directly to the
employees advising of the support of the City Council and their concerns.
The City Manager advised upon receipt of the aforementioned correspondence, he
had initiated additional correspondence with employees already in this
situation and will bring forward proposals relative accomplishing some of the
mechanisms existing in Durham, North Carolina.
ITEM # 33652
Councilman Brazier referenced the Schedule of Professional Service Contracts
(Consultants) provided by Giles Dodd, Assistant City Manager for
Administration. Said list is hereby made a part of the record. This list was
provided as per his and Councilwoman Parker's request. Councilman Clyburn
advised there are numerous items in the aforementioned list, which the City
Staff does not have the expertise to handle. It is actually economically
beneficial to the City to hire consultants in certain areas rather than have
these individuals on the City's staff.
ITEM # 33653
Councilman Baum referenced the CHESAPEAKE BAY PRESERVATION AREA REGULATIONS
(See Item VI-I.1/2/3 of the PLANNING AGENDA). Councilman Baum hoped the
citizens registered to speak would not be lengthy and repetitious. Mayor
Oberndorf advised of concerns of residents abutting Pleasure House Lake
relative the filling of this lake by a developer and whether they would be
protected by the Chesapeake Bay Preservation Act. The City Manager distributed
background information on Pleasure House Lake. Exclusion or inclusion of
Pleasure House Lake in the Chesapeake Bay Preservation Act may be something the
City Council might wish to consider, but would be more appropriately decided
with the adoption of the geographic area MAPS.
Vice Mayor Fentress complimented the City Staff for their diligence and
professional compilation of the CHESAPEAKE BAY PRESERVATION AREA REGULATIONS.
The City Attorney referenced the DECISION POINTS to be used in coordination
with the Annotated Ordinance. Section VIII a and b were reversed on the
original copy distributed with the agenda. The City Attorney distributed the
revised copy.
Mayor Oberndorf extended her sincere appreciation to City Manager Aubrey Watts,
City Attorney Les Lilley and Assistant City Attorney William Macali for the
devoted and diligent efforts encompassing many hours regarding the Annotations.
ITEM # 33654
Councilwoman Parker referenced the request of the Mayor on August 7, 1990, for
Members of City Council to provide information regarding five issues or goals
the City Council needs to address over the next year. Last year a Strategic
Planning retreat was held at the Pavilion.
Mayor Oberndorf will devise proposed dates for a Strategic Planning Session.
- 9 -
F 0 R M A L S E S S I 0 N
VIRGINIA BEACH CITY COUNCIL
November 6, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Co unc i I Chambers, City HAII Bui I ding, on Tuesday,
November 6, 1990, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms
Council Members Absent:
Reba S. McCianan (OUT OF THE CITY)
INVOCATION: Reverend Andrew Jackson
Kempsville Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 10 -
I tem V I -E.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 33655
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
Item VI-F.l.
MINUTES ITEM # 33656
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED the Minutes of INFORMAL AND FORP4AL SESSIONS of October 23,
1990. The Minutes did.not reflect Councilwoman Parker's reason for arriving
late. Councilwoman Parker was attending the Tweni-y/Twenty Growth Panel Meeting
In Richmond and thus arrived at 2:28 P.M. Councilwoman Parker's reason will be
reflected in the Minutes of INFORMAL AND FORMAL SESSIONS of October 23, 1990.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 12 -
Item VI-G.l.
RESOLUTIONS ITEM # 33657
Upon motion by Councilman Sessoms, seconded by Councilwoman Parker, City
Council ADOFRED:
Resolution requesting the General Assembly identify
Indigent health funding as a priority for the
1990's; and, APPROPRIATE additional funds for
Indigent Health Care establishing a formula that
takes into account the needs of the localities by
examining the number of indigents, Infant
mortality rates and other Indicators of health
needs.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
A RESOLUTION REQUESTED BY COUNCILMAN SESSOMS
RESOLUTION REQUESTING THE G ASSEMBLY
To AppRopRIATE ADDITICNAL FUNDS FOR INDIGENT HEALTH
CARE AND ALSO TO ESTABLISH A Fo THAT TAKES
INTO ACCOUNT THE NEEDS OF LOCALITIES BY EXANINING THE
@ER OF INDIGENTS, INFANT NORTALITY AND OTHER
INDICATORS OF HEALTH NEEDS.
WHEREAS the problem providing health care to indigent
residents throughout the commonwealth especially in Virginia Beach,
continues to grow at an alarming rate, and
many of these problems are shared with other
Virginia communities while others have unique aspects, and
WHEREAS the comprehensive outpatient/inpatient medical
care for low income persons - which is the state's responsibility
by statue - has been carried out via medical education funds; and
WHEREAS these funds are only provided to the Medical
College of Virginia and the University of Virginia Medical School
which requires indigent Virginia Beach residents to travel to
either Richmond or Charlottesville to receive such care; and
due to long time funding constraints the amount
of indigent care funding to the city has remained almost constant
whereas our population has grown by 48% just in the last ten years
for example; and
WHEREAS the city is understanding of the fact that it is
not possible to reduce funds received by other localities for
indigent health care but moreover there is a need to have the state
appropriate more funds for this program throughout the state.
NOW THMMFORE BE RESOLVED by the Council of the City of
Virginia Beach that the General Assembly is recfuested to identify
indigent health care funding as one of its priorities for the
decade of the 90's; and
BE IT FURTEEER RESOLVED that as an ef fort to meet this
identified need the state is requested to appropriate additional
funds as necessary to elevate the level of health care available
to indigent Virginians to suitable levels, and whereas this level
should be established through a formula that takes into account the
number of indigents in a locality, infant mortality rates, prenatal
needs and the outpatient/inpatient medical care needs of low income
persons generally as well as consideration of the distance that
many must travel to receive that care at state sponsored medical
hospitals, and
BE IT FURTHER RESOLVED that the General Assembly should
adopt a plan to bring to parity all Virginia localities by the
middle of the decade of the 90's in regards to indigent health care
funding; and
BE IT FINALLY RESOLVED that other governing bodies in
Hampton Roads are requested to adopt this or a similar resolution
and the the City Clerk is requested to forward this resolution to
the Mayors of the Hampton Roads Planning District Cormnission.
RESOLVED by the Council of the City of Virginia beach on
6 day of November -, 1990.
- 13 -
Item VI-G.2.
RESOLUTIONS ITEM # 33658
The following registered in SUPPORT of OPTION I
E. George Minns, President - NAACP, 1429-A Reynard Cescent, Phone: 427-0250
Brenda McCormick, 417 16th Street, Phone: 491-2887, represented Mother's Inc.
and presented a survey on the Homeless single population in Virginia Beach and
a Resolution by the Board of Directors of Mothers Incorporated, endorsing the
formation of a Human Rights Commission. Said information is hereby made a part
of the record.
Reverend John H. Jordan, Jr., Galilie Episcopal Church, 40th and Pacific,
Phone: 428-3573
The following registered in SUPPORT of OPTION 2
Father William Dale, 4853 Princess Anne Road, Phone: 495-1886, represented the
Fellowship Committee
Rabbi David Abrams, 100 Pinewood Road, Phone: 428-6028, represented the
Fellowship Committee
Reverend Tom Murphy, 1109 Hill Road, Phone: 428-4450, represented the
Fellowship Committee
Frank Patterson, 2104 Crew Court, Phone: 481-9072
A MOTION was made by Councilman Brazier to ADOPT a Resolution to proceed, or
not to proceed, with establishing a Human Rights Commission. There being no
SECOND, the motion lost.
Upon motion by Councilman Heischober, seconded by Councilman Jones, City
Council ADOPTED, AS AMENDED*:
Resolution to enlist the help of the Fellowship
Committee in examining the human relations needs of
the community.
*On Line 21, the words "..to be appointed by City
Council" shall be added after the verbiage
"..including the Fellowship Committee which is
composed of citizens of Virginia Beach.."
"On line 38, the words "..by June 30, 1991" shall
be added after the verbiage "..provide a final
report to the City Council...".
- 14 -
Item VI-G.2.
RESOLUTIONS ITEM # 33658 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
Requested by Mayor Meyera oberndorf & Councilman Harold Heischober
1 RESOLUTION TO ENLIST THE HELP OF THE
2 FELLOWSHIP COMMITTEE IN EXAMINING
3 THE HUMAN RELATIONS NEEDS OF THE
4 COMMUNITY
5
6
7
8 WHEREAS, it is the desire of the city council to
9 encourage and foster continuing dialogue which will result in open
10 lines of communication and will help to build bridges between all
11 segments of the City;
12 WHEREAS, the City Council is concerned about the well-
13 being of the community and issues involving safety in the schools
14 and neighborhoods, and other human relations matters;
15 WHEREAS, the City Council has made inquiries of city
16 staff and has received materials and a presentation concerning
17 human rights commissions;
18 WHEREAS, the City Council recognizes that many agencies
19 currently exist to provide human relations services in the
20 cormnunity, including the Fellowship Co=ittee which is composed of
21 citizens of Virginia Beach to be appointed by the City Council who
22 share a concern that the continued healing of relations among all
23 people is a critical factor for the well-beina of our community;
24 WHEREAS, the Fellowship Committee has approached the
25 City Council and the Council wishes to develop an on-going
26 relationship with this Committee, as together they examine the
27 needs of the community.
28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
29 CITY OF VIRGINIA BEACH, VIRGINIA:
30 That the City Council of Virginia Beach ehdorses the
31 efforts of the Fellowship Committee and its interaction with the
32 community in assessing the perceptions and needs of the commiinity.
33 BE IT FURTHER RESOLVED that the City Council requests
34 the Fellowship Committee to provide such quarterly written reports
35 to the City Council as the Council or the Committee deems
36 necessary concerning the human relations needs of the community,
37 to consider the merits of a human rights commission, and to
38 provide a final report to the City Council by June 30, 1991.
39 BE IT FURTHER RESOLVED that the City Council encourages
40 all persons to continue to exercise their human rights and to
41 pursue their legal remedies through agencies and organizations
42 presently providing human relations services.
43 Adopted by the Council of the City of Virginia Beach,
44 Virginia on this 6 day of November 19 90
45
46
47 CA-3984
48 R-3
49 Noncode\Rights3.Res
50
2
1 5
Item VI-H.
CONSENT AGENDA ITEM # 33659
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council APPROYED In ONE MOTION items 1, 2, 3, 4, 5, 6c., 7, 8, 9, 10 and 11 of
the CONSENT AGENDA.
6a and 6b were pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones*, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
*Councilman Louis Jones VERBALLY ABSTAINED on Item VI-H.2. and declared
pursuant to Section 2.1-639.14(E) of the Code of Virginia, he owns land with a
value In excess of $10,000.00, which Is located on the southeastern corner of
Princes Anne Road and Landstown Road, which Is included in Phase Ill of the
Princess Anne Road project. Therefore, this interest meets the criteria of a
personal Interest in the transaction under the Conflict of Interest Act.
Councilman Louis Jones' letter of November 6, 1990, Is hereby made a part of
the record.
- 16 -
Item VI-H.1
CONSENT AGENDA ITEM # 33660
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPRTED:
Resolution approving the Issuance of Variable Rate
Demand Revenue Bonds to Patrick Henry Hospital,
Inc., (T/A Riverside Regional Convalescent Center)
In the amount of $2,700,000 re financing
acquisition, construction and equipping a 60-bed
nursing home at 1604 Old Donation Parkway,
(LYNNHAVEN BOROUGH).
Voting; 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA APPROVING
THE ISSUANCE OF UP TO $2,700,000 IN AGGREGATE PRINCIPAL
AMOUNT OF VARIABLE RATE DEMAND REVENUE BONDS
WHEREAS, the City of Virginia Beach Development
Authority (the "Authority") has considered the application of
Patrick Henry Hospital, Inc., a not-for-profit Virginia non-stock
corporation (the "Applicant"), whose principal business address is
1000 Old Denbigh Boulevard, Newport News, Virginia 23602, for the
issuance of the Authority's variable rate demand revenue bonds in
an amount not to exceed $2,700,000 (the "Bonds") for the benefit
of the Applicant to finance the acquisition, construction and
equipping of a 60 bed nursing home facility located at 1604 Old
Donation Parkway in the City of Virginia Beach, Virginia (the
"Project"); and
WHEREAS, the Authority has held a public hearing
regarding these matters on October 23, 1990; and
WHEREAS, Section 147(f) of the Internal Revenue Code of
1986, as amended (the "Codell), provides that the governmental unit
having jurisdiction over the issuer of industrial development
bonds and over the area in which any facility financed with the
proceeds of the industrial development bonds is located must
approve the issuance of the bonds; and
WHEREAS, the Authority issues its bonds on behalf of the
City of Virginia Beach, Virginia (the "City"); the Project is
located in the City; and the City Council of the City (the "City
Council") constitutes the highest elected governmental unit of the
City; and
WHEREAS, the Authority has recommended that the City
Council approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed upon, a
summary of statements made at the public hearing and a Fiscal
Impact Statement have been filed with the City Council;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council approves the issuance of the Bonds
by the Authority for the benefit of the Applicant, as required by
Section 147(f) of the Code and Section 15.1-1378.1 of the Code of
Virginia of 1950, as amended.
2. The approval of the issuance of the Bonds does not
constitute an endorsement to a prospective purchaser of the Bonds
of the creditworthiness of the Project or of the Applicant.
3. Pursuant to the limitations contained in Temporary
Income Tax Regulations Section 5f.103-2(f)(1), this Resolution
shall remain in effect for a period of one year from the date of
its adoption.
4. This Resolution shall take effect immediately upon
its adoption.
November 6, 1990.
Clerk,
City Council of the City of
Virginia Beach
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCII!G
DATE: October 23,1990
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Patrick Henry Hospital, Inc. T/A Riverside Regional
Convalescent Center
TYPE OF FACILITY: Sixty Bed Nursing Home
1. Maximum amount of financing sought $ 3 , 1 2 0 , 0 0 0
'2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ - o -
3. Estimated real property tax per
year using present tax rates $ - o -
4. Estimated personal- property tax
per year using present tax rates $ - o -
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $ - 0 -
6. Estimated dollar value per year
of goods and services that will
be purchased locally $ 210,000
7. Estimated number of regular
employees on year round basis 45
8. Average annual salary per employee 14,000
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no,independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
B y
vice - Chairman
SUtIMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUITHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
?a-r-*ciz Ennry Hc,'sti@al,
1. PROJECT NAME: :!el-, Or',al -lbr.,,P@iescent Cen@-er
2. LOCATION:
tion Parkwav
Virginia Be,,ch, Virginia
3. DESCRIPTION OF PROJECT:
4. AMOUNT OF BOND ISSUE: $3,12;looo
5- PRINCIPALS:
6- ZONING CLASSIFICATION:
a. Present
zoning
classification of the
Property C,
b. Is rezoning proposed? Yes
No x
C. If sO, to what zoning
classification?
- 17 -
Item VI-H.2
CONSENT AGENDA ITEM # 33661
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Counc l I ADOFITED:
Resolution authorizing the City Manager to notify
the Virginia Department of Transportation to
proceed with acquisition of right-of-way for
Princess Anne Road Phase Ill East.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones*
Council Members Absent:
Reba S. McC]anan
*Councilman Louis Jones VERBALLY ABSTAINED and declared pursuant to Section
2.1-639.14(E) of the Code ot Virginia, he owns land with a value In excess of
$10,000.00, which is located on the southeastern corner of Princes Anne Road
and Landstown Road, which is Included In Phase Ill of the Princess Anne Road
project. Therefore, thls Interest meets the criteria of a personal Interest In
the transaction under the Conflict of Interest Act. Councilman Louis Jones'
letter of November 6, 1990, is hereby made a part of the record.
LOUIS R. JONES 1008 WITCH POINT TRAIL
COUNCILMAN - BAYSIDE BOROUGH VIRGINIA B@CH VIRGINIA 23455
(804) %3-0177
November 6, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to SS2.1-639.14(E), Code of Virginia
Dear Mrs. SMith:
Pursuant to the Virginia Conflict of Interests Act, SS2.1-
639.14(E), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the Resolution Concerning Princess Anne
Road Phase III - Eastern Portion - Access Points.
2. The nature of my personal interest is that I own a parcel
of land on the southeastern corner of Princess Anne Road
and Landstown Road which is included in Phase III of the
Princess Anne Road project.
3. The transaction to be voted on directly affects my
property by deciding which of the 9 access points in
Phase III, including one for my property, will be
granted.
4. The City Attorney has advised me that I am required to
disclose this interest as it meets the criteria of a
personal interest in the transaction under the Conflict
of Interests Act, and that I am disqualified from
participating in the transaction.
Accordingly, I respectfully request that you record this
declaration in the official records of the City Council. I have
enclosed an opinion letter from Leslie L. Lilley, City Attorney,
which addresses this same matter.
Mrs. Ruth Hodges -2- November 6, 1990
Thank you for your assistance and cooperation in this matter.
Since
L @u., s I
Counc
/abe
enclosure
LESLIEL LILLEY MIJ.'Cl@AL CE@TER
CITY ATTC)ANEY RG@N A BEACI VA 23@56 9W@
(80@) @21 4531
F-X (SN) @26 5687
November 6, 1990
Councilman Louis Jones
Municipal Center
Virginia Beach, Virginia 23456
Dear Mr. Jones:
Re: Request for Conflict of Interests Act Opinion:
Resolution Concerning Princess Anne Road
Phase III - Eastern Portion - Access Points
I am wr4lting in response to your request for an opinion as to
whether you may participate in the transaction of the Virginia
Beach City Council on November 6, 1990, regarding the Resolution
approving PrinceSS Anne Road Phase III - Eastern Portion - highway
access points for the eastern phase of the Princess Anne Road Phase
III highway construction project.
Summary/Conclusion:
From my review of the Conflict of Interests Act and the
information provided by you as referenced below, I am of the
opinion that you have a personal interest in a transaction of the
Virginia Beach City Council concerning the Resolution on Princess
Anne Road Phase III - Eastern Portion - Access Points as a result
of ownership of land which is specifically affected by the
Resolution. Therefore, since your property is a subject of this
transaction and is uniquely affected, it is my opinion that you are
disqualified from participating in or voting on this matter. I
have set out the abstention requirements of SS 2.1-639.14(E) at the
end of this letter.
I base the aforesaid conclusions c)n the following facts and
discussions.
Councilman Louis Jones -2- November 6, 1990
Re: Request of Conflict of Interests Act opinion:
Resolution Concerning Princess Anne Road
Phase III - Eastern Portion - Access Points
Facts Presented:
Your request for an advisory cpinion is generated by a
Resolution on City Council's agenda of November 6, 1990, concerning
access points for the eastern portion of Princess Anne Road Phase
III. You have advised that your area of concern with respect to
the Resolution is that you own 38.6 acres of property at the
southeast coriier of Princess Anne Road and Landstown Road. The
property is ,alued in access of $10,000 and is subject to a
conditional use permit allowing use of the parcel as a cemetery/
mausoleum and columbarium. You indicate that a portion of your
property is currently used as a cemetery and the remaining use is
undeveloped. Further, your property is within the boundaries of
the eastern portion of Phase III of the Princess Anne Road project
and access to your property is speci-Fically affected by the
Resolution before Council. The proposed Resolution, a copy of
which is attached, aiso affects nine other access points to
property owned by others. The Resolution restricts access in eight
cases and allows existing access tc) remain in two cases, your
property being one of the two in which access is permitted to
remain.
Issue:
Are you precluded from participating in the discussion and
voting on the Resolution concerning Princess Anne Road Phase III
- Eastern Portion - Access Points because of your ownership of
property which is effected by this Resolution?
Discussion:
I. Applicable Definitions:
A. City Council is a governmental agency, as it is a
legislative branch of local government as defined in SS 2.1-639.2
of the Virginia State and Local Government Conflict of Interests
Act.
B. You are an officer within the meaning of SS 2.1-639.2 of
the abcve-referenced Act.
C. The resolution to be voted on by City Council is a
"transaction" as defined by the Act. The Act defines a transaction
as "any matters considered by any ... governmental agency on which
official action is taken or contemplated." Section 2.1-639.2
Councilman Louis Jones -3- November 6, 1990
Re: Request of Conflict of Interests Act Opinion:
Resolution Concerning Princess Anne Road
Phase III - Eastern Portion - Access Points
D. "Personal interest" is defined in SS 2.1-639.2 as being a
financial benefit or liability which accrues to an officer,
employee, or to an immediate family member. The interest exists
by reason of one of five categories specified therein as: 1)
ownership in a business if the ownership interest exceeds 3% of
the total equity of the business; (2) annual income from ownership
in real or personal property or a business in excess of $10,000.00;
3) sa--ary from the use of property or paid by a business that
exceeds $10,000.00 annually; 4) ownership of real or personal
property when the interest exceeds $10,000.00 in value, exclusive
of ownership in a business, or salary; and 5) personal liability
incurred or assumed on behalf of a business which exceeds 3% of the
asset value of the business.
E. Section 2.1-639.2 defines a "personal interest in the
transaction" as existing when an officer or employee or a member
of his immediate family has a personal interest in property or a
business or represents any individual or business and such
property, business or represented individual (i) is the subject of
the transaction or (ii) may realize a reasonably foreseeable direct
or indirect benefit or detriment as the result of the agency
considering the transaction.
II. Application of Definitions:
A. Personal Interest
A "personal interest" exists by reason of one of five
spe f ; @-d categories, as noted above in the def inition of "personal
interez-c." Specifically, my review of those categories and the
facts presented indicate that you have a personal interest in your
property located on Princess Anne Road by the virtue of the fact
that its value is in excess of $10,000.00. Therefore, you have a
personal interest as defined under the Conflict of Interests Act.
B. Personal Interest in the Transaction
In order to have a personal interest in the transaction, your
property must be either the subject of the transaction or realize
a reascnably foreseeable direct or indirect benefit or detriment
as a result of the transaction. Clearly, you have a personal
interest in the transaction in this case as your property is a
subject of the transaction, and it is reasonably foreseeable that
you may realize a direct or indirect benefit or detriment as a
result of City Council's action on this proposed Resolution.
Councilman Louis Jones -4- November 6, 1990
Re: Request of Conflict of Interests Act Opinion:
Resolution Concerning Princess Anne Road
Phase III - Eastern Portion - Access Points
III,. Transactions
Section 2.1-639.11(A) restricts the ability of an officer to
participate in an official transaction before his agency when the
officer has a personal interest in the transaction. If the
transaction applies solely to property or business in which the
has a personal interest, SS 2.1-639.11(A)(1) requires the
officer ransaction
officer's disqualification from participation in the t
and the recordation of that disqualification. if the transaction
affects a group Of individuals or businesses and the officer is a
member of that group or has a personal interest in a business that
member of the group, SS 2.1-639.11(A)(2) provides that the
is a member of
officer 11[mlay participate in the transaction if he is a
a ... group, the members of which are affected by the transaction",
complies with the declaration requirements of [SS 2.1-
an@ he the officer to
63@,14!@l)l. Section 2.1-639.11(A)(3) permits
pa-f-@@c;-pate in a transaction without any disclosure or declaration
req@-@@rE-nent, if the transaction affects the public generally, even
though the personal interest in the officer, as a members of the
pub,-ic, also may be affected.
iv. ification from Voting on
Yc,u have a personal interest in the property owned by you
roperty exceeds $10,000-00 in value.
because your interest in the p will have a reasonably
In the facts you present, the transaction
foreseeable direct or indirect benefit on your property as well as
that of several other property owners. The criteria for absolute
disqualification, pursuant to SS 2.1-639.11 provides that if the
transaction has application "solely" to property or a business in
which you have a personal interest, then you would be unable to
participate. The statutory language causes somewhat of a problem
when here we are dealing with individual parcels of real estate,
each of which is the subject of the resolution and each of which
is affected uniquely by the decision before the Council.' For
prz,ctical purposes, each of these "access points" can be voted upon
individually and their combination into one transaction is a matter
of convenience for the governing body. Further, the decision to
permit or deny highway access points is unique to each property and
depends upon a number of factors. Property owners may be and are
'The Attorney General has opined that disqualification is
required where an officer/landowner has a reasonable expectation
that his property "would be affected in a specific and unique way"
by the transaction. COI Adv. Op. No. 9-AO 6 (1989).
Councilman Louis Jones -5- November 6, 1990
Re: Request of Conflict of Interests Act Opinion:
Resolution Concerning Princess Anne Road
Phase III - Eastern Portion - Access Points
treated differently as here, eight access points are recommended
for closure and two are recommended to remain open, thus it cannot
be said that the members of the "qroup" of parcels to be voted on
are siffilarly situated with each other. In such a case although
ot-@-r @roperty owners are affected by the transaction, it is my
int:@-rpreration that you are not a member of a group @or the
pu,poses ci-' the Conflict of Interests Act and that you are
disqualified from participating in this transaction because you may
anticipate that your property will be affected in a specific and
unique way.
V. Disclosure Requirements of Section 2.1-639.14(E)
Based upon the conclusion that neither of the exceptions to
disqualification apply (i.e., S 2.1-639.11(2), members of a group,
or SS 2.1-639.11(3) where the public is generally affected), it is
my opinion that you must disqualify yourself from participating in
the transaction. You must disclose your personal interest in
accordance with SS 2.1-639.14(E), enclosed if a declaration form
for these purposes, and you must file this written declaration with
the Clerk of City Council who shall retain and make this document
available for inspection for a period of five years from the date
of recording or receipt.
I would like to further advise you that the Conflict of
Interesr-s Act requires a liberal interpretation to accomplish its
purposes.@ In that regard, this opinion unlike other opinions
which require only a straightforward reading of the Act, involves
an interpretation which hinges upon the fact that real estate owned
by you is one of the subjects of the transaction before the
Council, and because the access points contemplated by the Council
are unique as to each individual property.
A strict interpretation of that Code Section may not require
disqualification, but I also feel that such an interpretation would
not further ttle purposes of the Act. one possible alternative if
you desire tc vote on the Resolution would be to request the
Council to consider two separate Resolutions: one regarding only
your property, the other regarding the nine other parcels. You may
then vote on the Resolution concerning the nine other parcels but
'COI Adv. Op. 7-A41, COI Adv. Op. 8-A21, COI Adv. Op. 9-AO6,
COI Adv. Op. 9-Al2. Members of a group must be similarly situated.
'Section 2.1-639.1 of the Code of Virginia
Co,in@c@,@@-inan LouiS Jones -6- November 6, 1990
Re: Request of Conflict Of Interests ACt Opinion:
Resolution Concerning Princess Anne Road
Phase III - Eastern Portion - Access Points
would be required to disclose Your interest as a member of a group
consisting of neighboring property owners all Of whom may be
affected by the transaction. You would still be disqualified from
voting on the resolution solely affecting your property.
As a final note to any conflict of interest opinion, Section
2.1-639.18(c) provides that a written opinion of the City Attorney
made after a full disclosure of the facts, is disory and
admissible as evidence that you did not knowingly violate the Act,
while a favorable opinion of the Commonwealth's Attorney as the
enforcing officer of the COIA, pro ides .nimunity from any alleged
violation.
Please contact me should you desire any additional
information.
Very truly yours,
Lesli
City
LLL/clb/ccm
Enclosure
CC: Robert Humphreys, Esquire
A RESOLUTION AUTHORIZING THE CITY
MANAGER TO NOTIFY THE VIRGINIA
DEPARTMENT OF TRANSPORTATION OF
ACCEPTABLE ACCESS POINTS LOCATED ON
PRINCESS ANNE ROAD PHASE III EAST
WHEREAS, the Princess Anne Road Phase III is designated in
the City's Master Street and Highway Plan as a controlled access
highway; and
WHEREAS, On September 4, 1990, the City Council of Virginia
Beach reaffirmed by resolution the continued designation of
Princess Anne Road as a controlled access roadway; and
WHEREAS, on September 25, 1990, the City Council of Virginia
Beach requested the Virginia Department of Transportation by
resolution to proceed with right-of-way acquisition of the
western section of the Princess Anne Road Phase III project with
retention of eight access points; and
WHEREAS, Virginia Department of Transportation (VDDT) has
requested that the City of Virginia Beach approve the retention
of two access points as shown on that certain drawing attached
hereto as "Exhibit A" and entitled "PRINCESS ANNE ROAD PHASE III
EAST PREPARED BY PW/ENGINEERING DRAFTING DATE 10/17/90"; and
WHEREAS, said access points are for access to existing
private properties which presently have direct access to Princess
Anne Road; and
WHEREAS, the City Council of the City of Virginia Beach
agrees that the two access points are acceptable to the City, as
shown on Exhibit A;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager is directed to notify VDOT that they
are authorized to proceed with acquisition of the authorized
right-of-way as depicted on Exhibit A, thus ensuring that the two
access points depicted thereon as being acceptable to the City,
will provide reasonable access to the property owners located
contiguous to Princess Anne Road.
AdoptL-d by the Council of the City of Virginia Beach,
Virginia, on the6 day of November 1 1990.
0 0
Item VI-H.3
CONSENT AGENDA ITEM # 33662
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 21-311 and
21-312 of the Code of the City of Virglnia Beach,
Virginia, re reckless driving.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTIONS 21-311 AND
3 312 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, AA
4 r.
5 PERTAINING TO RECKLESS DRIVING.
THE CITY COUNCIL OF THE C!2
6 BE IT ORDAINED BY
7 BEACH, VIRGINIA:
8 That Sections 21-311 and 21-312 of the code of the City of
9 Virginia Beach, Virginia, are hereby amended and reordained to read
10 as follows:
11 Section 21-311. General rule as to reckless driving.
12 Irrespective of the maximum speeds provided f or in this
13 article, any person who drives a vehicle upon a highway recklessly
14 or at a speed or in a manner so as to endanger the life, limb or
15 property of any person shall be guilty of reckless driving.-r
16
17
18
19
20 Section 21-312. Specific instances of reckless driving-Generally.
21 A person shall be guilty of reckless driving who shall:
22 (1) Drive a vehicle when not under proper control or with
23 inadequate or improperly adjusted brakes upon any highway of this
24 city;
25 (2) While driving a vehicle, over take and pass another
26 vehicle proceeding in the same direction, upon or approaching the
27 crest of a grade or upon or approaching a curve in the highway,
28 where the driver's view along the highway is obstructed, except
29 where the overtaking vehicle is being operated on a highway having
30 two (2) or more designated lanes of roadway for each direction of
31 travel or on a desicrnated one-waN7 street or highway;
32 (3) Drive a vehicle when it is so loaded, or when there are
33 in the front seat such number of persons, as to obstruct the view
34 of the driver to the front or sides of the vehicle or to interfere
35 with the driver's control over the driving mechanism of the
36 vehicle;
36 (4) Pass or attempt to Pass two (2) other vehicles abreast,
37 moving in the same direction, except on highways having separate
38 roadways of three (3) or more lanes for each direction of travel,
39 or on designated one-way streets or highways; however, this
40 subsection shall not apply to a motor vehicle passing two (2)
41 other vehicles, in accordance with provisions of this chapter,
42 when one or both of such other vehicles is a bicycle or moped; nor
43 shall this subsection apply to a bicycle or moped passing two (2)
44 other vehicles in accordance with the provisions of this chapter.
45 (5) Drive any motor vehicle, including any motorcycle, so as
46 to be abreast of another vehicle in a lane designated for one
47 vehicle, or drive any motor vehicle, including any motorcycle, so
48 as to travel abreast of any other vehicle traveling in a lane
49 designated for one vehicle; provided, however, this subsection
50 shall not apply to any validly authorized parade, motorcade or
51 motorcycle escort; nor shall it apply to a motor vehicle traveling
52 in the same lane of traffic as a bicycle or moped;
53 (6) overtake or pass any other vehicle proceeding in the
54 same direction at any steam, diesel or electric railway grade
55 crossing or at any intersection of highways unless such vehicles
56 are being operated on a highway having two (2) or more designated
57 lanes of roadway for each direction of travel or unless such
58 intersection is designated and marked as a passing zone pursuant
59 to the provisions of sections 46.2-803 and 46.2-830 of the Code of
60 Virginia or on a designated one-way street or highway, or while
61 pedestrians are passing or about to pass in front of either of
62 such vehicles, unless permitted to do so by a traffic light or
63 police officers;
64 (7) Fail to stop, when approaching from any direction, a
65 school bus, whether publicly or privately owned, which is stopped
66 on any highway or school driveway for the purpose of taking on or
67 discharging children, elderly, mentally or physically handicapped
68 persons, and to remain stopped until all children, elderly,
69 mentally or physically handicapped persons are clear of the
70 highway or school driveway and the bus is put in motion. The
2
71 driver of a vehicle, however, need not stop upon approaching a
72 school bus when such bus is stopped on the other roadway of a
73 divided highway, on an access road, or driveway is separated from
74 the roadway on which he is driving by a physical barrier or an
75 unpaved area. The driver of a vehicle also need not stop upon
76 approaching a school bus which is loading or discharging
77 passengers from or onto property iminediately adjacent to a school
78 if such driver is directed by a police officer or other duly
79 authorized uniformed school crossing guard to pass such school
80 bus. This subsection shall apply to school buses which are
81 equipped with warning devices prescribed in section 46.2-1090 of
82 the Code of Virginia and are painted yellow with the words "School
83 Bus, Stop, State Law" in black letters at least six (6) inches
84 high on the front and rear thereof. If space is limited on the
85 front, the words "School Bus" may be in letters at least four (4)
86 inches high. This subsection shall also apply to school buses
87 which are equipped with warning devices as prescribed in section
88 21-111 and which are painted yellow with the words "School Bus" in
89 black letters at least eight (8) inches high on the front and rear
90 thereof. Only school buses as defined in section 21-2 which are
91 painted yellow and equipped with the required lettering and
92 warning devices shall be identified as school buses;
93 (8) Fail to give adequate and timely signals of intention to
94 turn, partly turn, slow down or stop, as required by section 21.-
95 237;
96 (9) Exceed a reasonable speed under the circumstances and
97 traffic conditions existing at the time regardless of any posted
98 speed limit;
99 (10) Drive a motor vehicle upon the highways of this city at
100 a speed of twenty (20) or more miles per hour in excess of the
101 applicable maximum speed limits
102 (1) , (2) , (3) and -11-:7 or in
103 excess of eighty (80) miles per hour regardless of the posted
104 speed limit;
3
106 (11) Fail to bring his vehicle to a stop immediately before
107 entering a highway from a @ide road when there is traffic
108 approaching upon such highway within five hundred (500) feet of
109 such point of entrance, unless a "yield right-of-way" sign is
110 posted; or where such sign is posted, fail, upon entering such
ill highway, to yield the right-of-way to the driver of a vehicle
112 approaching on such highway from either direction; or
113 (12) Drive or operate any automobile or other motor vehicle
114 upon any driveway or premises of a church, or school, or of any
115 recreational facilities or of any business property open to the
116 public, or on the premises of any industrial establishment
117 providing parking space for customers, patrons or employees, or
118 upon any highway under construction or not yet open to the public,
119 recklessly or at a speed or in a manner so as to endanger the life,
120 limb or property of any person.
121 Adopted by the Council of the City of Virginia Beach, Virginia
122 on the 6th day of NOVEMBER 1990.
123 CA-3977
124 \ordin\proposed\21-311.pro
125 R-2
4
- 19 -
Item VI-H.4
CONSENT AGENDA ITEM # 33663
Upon motion by Counci Iman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance authorizing and directing the City
Manager to execute a Police Mutual Aid Agrement
with the Cities of Chesapeake, Hampton, Newport
Nows, Norfolk, Portsmouth, Suffolk and Virginia
Beach; and, the County of James City.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wil liam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
TJ C-@.'14TENTO
su lrzm
1 AN ORDINANCE AUTHORIZING AND DIRECTING
2 THE CITY MANAGER TO EXECUTE A POLICE
3 MUTUAL AID AGREEMENT WITH THE CITIES OF
4 CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK,
5 PORTSMOUTH, SUFFOLK AND VIRGINTA BEACH AND
6 THE COUNTY OF JAMES CITY
7 WHEREAS, Virginia law authorizes local governments to
8 enter into reciprocal agreements for mutual aid and for cooperation
9 in the furnishing of police services; and
10 WHEREAS, it is deemed mutually beneficial to the cities
11 of Chesapeake, Hampton, Newport News, Norfolk, Portsmouth, Suffolk,
12 and Virginia Beach and the County of James City to enter into an
13 agreement concerning mutual aid and cooperation with regard to law
14 enforcement, increasing the ability of the local governments to
15 promote the safety and welfare of the entire area;
16 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18 That the accompanying Police Mutual Aid Agreement is
19 approved and that the City Manager be directed to execute said
20 Agreement on behalf of the City of Virginia Beach.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on this 6 day of November 1990.
23 CA-3775
24 \ordin\noncode\police.res
25 R3
POLICE MUTUAL AID AGREEMENT
THIS AGREEMENT, made this - day of 1990,
by and among the Cities of CHESAPEAKE, HAMPTON, NEWPORT NEWS,
NORFOLK, PORTSMOUTH, SUFFOLK and VIRGINIA BEACH, each a municipal
corporation of the Commonwealth of Virginia, and the County of
JAMES CITY.
WHEREAS, Virginia law authorizes local governments to enter
into reciprocal agreements for mutual aid and for cooperation in
the furnishing of police services; and
WHEREAS, the eight local governments have determined that the
provision of pc)lice aid across jurisdictional lines will increase
their ability to preserve the safety and welfare of the entire
area; and
WHEREAS, it is deemed to be mutually beneficial to the parties
hereto to enter into an agreement concerning mutual aid and
cooperation with regard to law enforcement; and
WHEREAS, the parties desire that the terms and conditions of
this Police Mutual Aid Agreement be established; NOW, THEREFORE,I
WITNESSETH
That for and in consideration of the mutual benefits to be
derived from a Police Mutual Aid Agreement, the parties hereto
covenant and agree as follows:
1 Each party will endeavor to provide police support to the
jurisdictions which are parties to this Agreement within the
capabilities available at the time the request for such support
is made and within the terms of this Agreement.
2. Requests for assistance pursuant to the terms and
conditions of this Agreement shall be made by the requesting
jurisdiction's City Manager or County Administrator, whichever is
applicable, or their respective designee.
3. The requesting jurisdiction shall be responsible for
designating a radio corntnunications system for use by the requested
jurisdiction. Use of the Tidewater Emergency Communications
Association of Police (TECAP) system as a link channel through the
dispatch center of each jurisdiction shall constitute fulfillment:
of this requirement.
4. The personnel of the requested jurisdiction shall render,
such assistance under the direction of the Chief of Police of thei
requesting jurisdiction.
5. Law enforcement support provided pursuant to this@
Agreement shall include, but not be limited to, the following!
2
resources: uniformed officers, canine officers, aerial support
when maintained, forensic support, plainclothes officers, special
operations personnel and related equipment.
6. Subject to the terms of this Agreement, and without
limiting in any way the other circumstances or conditions in which
mutual aid may be requested and provided under this Agreement, the'
parties hereto agree to provide assistance to the requesting
jurisdiction in situations requiring the mass processing of
arrestees and transportation of arrestees. The parties to this,
Agreement further agree to assist the requesting jurisdiction with
security and operation of temporary detention facilities.
7. Nothing contained in this Agreement should in any manner@
be construed to compel any of the parties hereto to respond to a
request for police support when the police personnel of
jurisdiction to whom the request is made are, in the opinion of@
the requested jurisdiction, needed or are being used within thel
boundaries of that jurisdiction, nor shall any such request compell
the requested jurisdiction to continue to provide police support!
to another jurisdiction when its police personnel or equipment,
in the opinion of the requested jurisdiction, are needed for other
duties within the boundaries of its own jurisdiction.
3
8 In those situations not involving the provision of mutual
gents and other employees of
aid upon request, police officers, a
any city or county may also enter any other jurisdiction in
furtherance of law enforcement purposes, concerning any offense
in which the entering police department rnay have a valid interest;
provided, that the entering personnel shall, as soon as practical,
make such presence known to the Chief of Police of the entered
jurisdiction, or his designated representative.
9. The responsibility for investigation and subsequent
actions concerning any criminal offense shall remain with the
police agency of the locality whose court has original
jurisdiction over the offense. Entering police personnel shall
promptly notify the police agency of the entered locality upon
discovery of a crime over which the court of the entered locality
has original jurisdiction.
10. Officers acting pursuant to this Agreement shall be:
granted authority to enforce the laws of the Commonwealth of
Virginia and to perform the other duties of a law enforcement
officer; such authority shall be in conformance with Virginia Code
Sections 15.1-131; 15.1-131.3 and Section 15.1-131.5, as may be
appi icable; however, pol ice of f icers of any j urisdiction who might 1
be casually present in any other jurisdiction shall have power to
apprehend and make arrests only in such instances wherein an
apparent, immediate threat to public safety precludes the optioni
4
of deferring action to the local police agency.
11. All police officers, agents, and other employees of the
parties to this Agreement who are acting pursuant to this
Agreement shall have the same powers, rights, benefits,
privileges, and immunities in each jurisdiction subscribing to
this Agreement, including the authority to make arrests in each
such jurisdiction subscribing to this Agreement.
12. The services performed and expenditures made under this
Agreement shall be deemed to be for public and governmental
purposes and all immunities from liability enjoyed by the local
government within its boundaries shall extend to its participation
in rendering assistance outside its boundaries. It is understood
that for the purposes of this Agreement, the responding party is
rendering aid once it has entered the jurisdictional boundari'es
of the party receiving assistance.
13. All pension, relief disability, worker's compensation,
life and health insurance, and other benefits enjoyed by said.
employees shall extend to the services they perform under thisi
Agreement outside their respective jurisdictions. Each par+-A,7
agrees that provisions of these benefits shall remain the@
responsibility of the primary employing jurisdiction.
5
14. Each party agrees that, in activities involving the
rendering of assistance to a requesting jurisdiction pursuant to
this Agreement, each party shall (i) waive any and all claims
against all other parties thereto which may arise out of their
activities outside their respective jurisdictions; and (ii)
er parties from all claims by
indemnify and save harmless the oth
third parties for property damage or personal injury which may
arise out of the activities of the other parties outside their
respective jurisdictions. It is expressly understood that the
provisions of this paragraph shall not apply to entry of police
officers, agents or other personnel into another jurisdiction
pursuant to paragraph 8 of this Agreement.
-L !D .The parties shall not be liable to each other for
reimbursement for injuries to personnel or damage to equipment
incurred when going to or returning from another jurisdiction.
Neither shall the parties be liable to each other for any other
costs associated with, or arising out of, the rendering of
assistance pursuant to this Agreement.
16. This Agreement rescinds and supersedes all previous
written agreements and oral understandings relating to the!
provision of mutual police services.
17. Any of the parties hereto may withdraw from this,
Agreement by giving thirty (30) days written notice to that effect
6
to the other parties hereto.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their respective city managers and
county administrator, the official seal of each city and county
affixed hereto and attested by their respective city and county
clerks, and indicating thereafter the ordinance or resolution
authorizing the execution.
ATTEST: CITY OF CHESAPEAKE
By: By:
City Clerk C ty Manager
Resolution/Ordinance No.
Adopted on
ATTEST: CITY OF HAMPTON
By: By:
City Clerk C ty Manager
Resolution/ordinance No.
Adopted on
ATTEST: CITY OF NEWPORT NEWS
By: By:
City Clerk City Manager
7
Resolution/Ordinance No.
Adopted on
ATTEST: CITY OF NORFOLK
By: By:
City Clerk City Manager
Resolution/ordinance No.
Adopted on
ATTEST: CITY OF PORTSMOUTH
By: By:
City Clerk City Manager
Resolution/ordinance No.
Adopted on
ATTEST: CITY OF SUFFOLK
By: By:
c City Manager
Resolution/ordinance No.
Adopted on
8
ATTEST: CITY OF VIRGINIA BEACH
By: By:
City Clerk C ty Manager
Resolution/ordinance No.
Adopted on
ATTEST: COUNTY OF JAMES CITY
By: By:
County Clerk County Administrator
Resolution/ordinance No.
Adopted on
#1/kmisc3l
9
- 20 -
Item VI-H.5
CONSENT AGENDA ITEM # 33664
Upon motion by Councilman Sessofns, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance declaring EXCESS property located at the
Southwest corner ot North Birdneck Road and
Americus Avenue, containing 2,384 square feet; and,
authorizing the City Manager to dispose of same.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Requested by Department of Real Estate/Public Works
AN ORDINANCE DECLARING
CERTAIN PROPERTY EXCESS
AND AUTHORIZING THE CITY
MANAGER TO DISPOSE OF
SAME.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership
of the following described of the following described
property by deed recorded in Deed Book 2913, at page 0841;
and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of
the City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA;
1. That the following described property is hereby
declared to be in excess of the needs of the City of
Virginia Beach and that the City Manager is authorized to
convey said property in the manner he deems in the best
interests of the City of Virginia Beach reserving therein
any and all easements pertaining thereto, and further that
such property be declared in excess of the needs of the City
and is more particularly described as follows:
ALL THAT CERTAIN triangular parcel of land with
aPPurtenances and improvements thereto situated
near N. Birdneck Road and the old 30, R/W of
Birdneck Circle, in the Lynnhaven Borough,
EVANS, WILLIAMS Virginia Beach, Virginia, which said contains
LEVINSON 2,384 sq. ft. or 0.05473 ac., more or less, as
shown on that certain plat entitled "Survey of
@l@. IA
Parcel 1, Lot 6 and Viola Wheaton Tract, DB
2794, PG 188, DB 2893, PG 514 prepared by
Waterway Surveys and Engineering, Ltd., Virginia
Beach, Virginia, dated April 4, 1990, and
recorded in Map Book 202, at page 47, to
which reference is made for a more particular
description.
2. Any building site created shall connect to public
water and sewer where available.
3. This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of November 1990.
Nine (9) affirmative votes of Council are required for
passage of this Ordinance.
APPROVED AS TO CONTENTS
na ure
Departme t
EVANS, WTLLIAMS
& LEVINSON
-110@N@ls . 1-
VI@.I.IA .,AC.
VI@GI.IA
PETITION TO DECLARE CERTAIN PROPERTY EXCESS
AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY OWNER
E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, William R. Wood, Michael E. Wood and
Andre Evans, by counsel, respectfully represent as follows:
1. That Petitioners apply to the Mayor and the Council
of the City of Virginia Beach, Virginia, for an ordinance
declaring the hereinafter described property to be in excess
of the needs of the City of Virginia Beach and to authorize
the City Manager to convey the property to the Petitioners
upon payment of fair market value as determined by a
qualified appraisal.
2. That your Petitioners own the property contiguous
to the hereinafter described property and are the only
property owners contiguous to said site; and that further,
the hereinafter described property has no utility unless
joined to the ccntiguous property of Petitioners.
3. The property your Petitioners are asking to be
declared in excess of the needs of the City of Virginia
Beach, so that they may purchase same, is hereby described
as follows:
ALL THAT CERTAIN triangular parcel of land with
appurtenances and improvements thereto situated
near N. Birdneck Road and the old 301 R/W of
Birdneck Circle, in the Lynnhaven Borough,
Virginia Beach, Virginia, which said contains
2,384 sq. ft. or 0.05473 ac., more or less, as
shown on that certain plat entitled "Survey of
@VANS W LLIAMS Parcel 1, Lot 6 and Viola Wheaton Tract, DB
LEVINSON 2794, PG 188, DB 2893, PG 514 prepared by
Waterway Surveys and Engineering, Ltd., Virginia
Beach, Virginia, dated April 4, 1990, and
recorded in Map Book 202, at page 47, to
which reference is made for a more particular
description.
4. That no inconvenience will result to any person or
property owner by reason of the sale Of the hereinabove
described property.
WHEREFORE, your Petitioners pray that the Mayor and
City Council of the City of Virginia Beach, Virginia,
declare the hereinabove described property to be in excess
of the needs of the City of Virginia Beach and to authorize
the City Manager to convey same to your Petitioners upon
payment to the City of Virginia Beach, of the fair market
value of said property as determined by qualified appraisal.
Respectfully submitted,
William,l. Wood, et al.
By nse
Andre Evans
EVANS, WILLIAMS & LEVINSON
115 South Lynnhaven Road
Virginia Beach, Virginia 23452
t',@L0
EVANS. @ILLIAMS
& LEVINSON
LA.
IA
THIS DEED, Made this day of 1990,
by and between the City cf Virginia Beach, a Virginia
municipal corporation, Grantor, party of the first part, and
William R. Wood, Michael E. Wcod and Andre Evans, Grantees,
parties of the second part, whose mailing address is 115
South Lynnhaven Road, Virginia Beach, Virginia 23452.
W I T N E S S E T H
That for and in ccnsideration of the sum of Ten Dollars
($10.00) cash in hand paid, and other good and valuable
consideration, the receipt of which is hereby acknowledged,
the said party of the first part does hereby grant and
convey with SPECIAL WARRANTY unto the said parties of the
second part, William R. wood, Michaei E. Wood and Andre
Evans, the following described property,
to-wit:
ALL THAT CERTAIN triangular parcel of land with
appurtenances and improvements thereto situated
near N. Birdneck Road and the old 30' R/W of
Birdneck Circle, in the Lynnhaven Borough,
Virginia Beach, Virginia, which said contains
2,384 sq. ft. or 0.05473 ac., mcre or less, as
shown on that certain plat entitled "Survey of
Parcel 1, Lot 6 and Viola Wheaton Tract, DB
2794, PG 188, DB 2893, PG 514 prepared by
Waterway Surveys and Engineering, Ltd., Virginia
Beach, Virginia, dated April 4, 1990, and
recorded in Map Book 202, at page 47, to
which reference is made for a more particular
description.
This conveyance is made subject to conditions,
VINS. ILLJA.S
& LEVINSO.
GPIN # 2417-56-5681
restrictions, easements and reservations of record, if any,
affecting the aforesaid property and constituting
constructive notice.
WITNESS the following signature and seal:
CITY OF VIRGINIA BEACH,
a Virginia municipal corporation
By:
Aubrey V. Watts, Jr., City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me
this day of 1 1990, by Aubrey V.
Watts, Jr., CitY Manager of the l@tY of Virginia Beach, a
Virginia municipal corporation, on behalf of said municipal
corporation.
My Commission Expires: Notary Publi
@APPROVED AS CONTENT
@TI?
EVANS. WTLLIAMS
& LEVINSON RE
@T L-
@l..I.@A EA..
VI.Gl.@A
DEPARTMENT
- 21 -
Item VI-H.6.a.
CONSENT AGENDA ITEM # 33665
The following spoke In OPPOSITION to the Ordinance:
Jeff Cantell, 417 16th Street, represented Mother's, Inc.
Brenda McCormick, 417 16th Street, Phone: 491-2887, represented Mother's Inc.
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $92,495 In community
development excess program Income funds for housing
ioans and grants for the Virginia Beach Community
Development Corporation's transitional housing
program.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
AN ORDINANCE TO APPROPRIATE $92,495 IN COMMUNITY DEVELOPMENT
EXCESS PROGRAM INCOME FUNDS FOR HOUSING LOANS AND GRANTS
AND FOR THE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
TRANSITIONAL HOUSING PROGRAM
WHEREAS, the City receives Community Development Block Grant
funds to be used to benefit low and moderate income Dersons, and
WHEREAS, one of the uses of such funds is to make loans and
grants for the rehabilitation of housing, and
WHEREAS, income from the repayment of such loans is
regularly received by the City, and
WHEREAS, income in excess of the amount previously estimated
and appropriated has been received, and
WHEREAS, there is a need for additional funds for housini
loans and grants before the next allocation of CDBG funds is
received, and
WHEREAS, there is a need for funding for t@e Virginia Beach
Community Development Corporation's Transitional Housing Program
to match the Federal grant it has received,
NOW, THEREFORE BE IT ORDAINED that excess program income
funds in the amount of $72,745 be appropriated to the Community
Development loan and grant fund, and
BE IT FURTHER ORDAINED that excess program income funds in
the amount of $19,750 be approdriated to the Virginia Beach
Community Development Corporation (VBCDC) for the Transitional
Housing Program, and that the City Manager is Authorized to enter
into a contract with the VBCDC for the continuation of such
program.
Adopted by the Council of the City of Virginia Beach this
- day of 1990.
Anproved as to Content Approved as to Form
Mary-" tor ci@
Dept. of Housing and
Neighborhood Preservation
FIRST READING: November 6, 1990
- 22 -
Item VI-H.6.b.
CONSENT AGENDA ITEM # 33666
The following spoke in OPPOSITION to the Ordinance:
Jeff Cantell, 417 16th Street, represented Mother's, Inc.
Brenda McCormick, 417 16th Srteet, Phone: 491-2887, represented Mother's Inc.
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $5,794 in State SHARE
Homeless Intervention Program f unds; and,
authorize the City Manager to execute a contract
with The Planning Council to administer these
f unds.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
ORDINANCE TO APPROPRIATE $5,794 IN STATE
SHARE - HOMELESS INTERVENTION FUNDS
WHEREAS, the City is currently receiving funds under a grant
agreement for the operation of a Homeless Intervention Program
funded by the Commonwealth of Virginia Department of Housing and
Community Development, and
WHEREAS, the Commonwealth of Virginia Department of Housing and
Community Development has notified the City that an additional
$5,794 is available for this program, and
WHEREAS, such funds will be used under the terms of the grant
agreement to prevent homelessness in the City of Virginia Beach;
NOW, THEREFORE, BE IT ORDAINED THAT the Council of the City of
Virginia Beach, Virginia hereby appropriates $5,794 for the purposes
of carrying out a Homeless Intervention Program and increases
revenue from the Commonwealth in that amount.
Adopted by Council this day of 1990.
APPROVED AS TO CONTENTS:
Mar I. ust@
Dep nt of Housing and
Neighborhood Preservation
APPROVED AS TO FORM:
ty@torney
FIRST READING: November 6, 1990
- 23 -
Item VI-H.6.c.
CONSENT AGENDA ITEM # 33667
Joseph P. Kernan, 2933 Lynnhaven Drive, Phone: 481-6798, registered In
Opposition. (Mr. Kernan did not speak untli after the adoption of the
Chesapeake Bay Preservation Regulations. Upon being advised these funds were
an advance of the Twc-For-Life State Funds expected to be received In
February 1992, he withdrew his Opposition)
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council APPROYED upon FIRST READING:
Ordinance to APPROPRIATE $18,000 from the General
Fund to Ocean Park Rescue Squad re the purchase of
an ambulance.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I lam D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
AN ORDINANCE TO AUTHORIZE $18,000 TO
OCEAN PARK RESCUE SQUAD FOR PURCHASE
OF AN AMBULANCE
WHEREAS, the city assists volunteer rescue squads in
purchasing major equipment through loans, grants, or direct
purchases, depending on a squad's ability to pay, and
WHEREAS, the Ocean Park Rescue Squad has identified a
need for an ambulance to enhance its first line rescue
operations, and
WHEREAS, the Department of Emergency Medical Services
(EMS) has scheduled $18,000 for Ocean Park Volunteer Rescue Squad
from Two-For-Life funds to be paid to the City during the early
part of calendar 1992, and
WHEREAS, EMS recommends that these funds be advanced to
Ocean Park Rescue Squad at this time in order to purchase a much
needed ambulance.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of
$18,000 be authorized and advanced from the General Fund to Ocean
Park Rescue Squad for the purchase of an ambulance. It is
understood that these funds are an advance of the Two-For-Life
state funds expected to be received in February 1992.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the - day of 1990.
First Reading November 6, 1990
Second Reading
- 24 -
Item VI-H.7.
CONSENT AGENDA ITEM # 33668
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED.
Ordinance to authorize a temporary encroachment for
a bulkhead Into a portion of the property known as
the waters of crystal Lake, to Jeffrey E. Murden
(LYNNHAVEN BOROUGH).
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
nottfied by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result f tho
encroachment.
3. The owner agrees to maintain sald encroachment so
as not to become uns[ghtly or a hazard.
4. The owner or his agent must obtaln a permit from
the Waterfront Operations Division f Public Works
Engineering prior to commencing work within the
City's property.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
I
Council Members Absent:
Reba S. McC]anan
2 AN ORDINANCE TO AUTHORIZE
3 A TEMPORARY ENCROACHMENT
4 INTO A PORTION OF THE
5 PROPERTY KNOWN AS THE
6 WATERS OF CRYSTAL LAKE
7 TO JEFFREY E. MURDEN, HIS
8 HEIRS, ASSIGNS AND
9 SUCCESSORS IN TITLE
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That pursuant to the authority and to the extent thereof
13 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
14 Jeffrey E. Murden, his heirs, assigns and successors in title is
15 authorized to construct and maintain a temporary encroachment into
16 the City owned property known as the waters of Crystal Lake.
17 That the temporary encroachment herein authorized is for
18 the purpose of constructing and maintaining a bulkhead and that
19 said encroachment shall be constructed and maintained in accordance
20 with the City of Virginia Beach Public Works Department's
21 specifications as to size, aligriment and location, and further that
22 such temporary encroachment is more particularly described as
23 follows:
24 An area of encroachment into a
25 portion of the City's property known
26 as the waters of Crystal Lake, on the
27 certain plat entitled: "PROPOSED
28 BULKHEAD FOR JEFFREY ERVIN MURDEN
29 5 5 0 6 MEER STREET VA. BCH VA. , " a copy
30 of which is on file in the Department
31 of Public Works and to which
32 reference is made for a more
33 particular description.
34 PROVIDED, HOWEVER, that the temporary encroachment herein
35 authorized shall terminate upon notice by the City of Virginia
36 Beach to Jeffrey E. Murden, his heirs, assigns and successors in
37 title and that within thirty (30) days after such notice is given,
38 said encroachment shall he removed from the City's property known
39 as the waters of Crystal Lake and that Jeffrey E. Murden, his
40 heirs, assigns and successors in title shall bear all costs and
41 expenses of such removal.
42 AND, PROVIDED FURTHER, that it is expressly understood
43 and agreed that Jeffrey E. Murden, his heirs, assigns and
44 successors in title shall indemnify and hold harmless the City of
45 Virginia Beach, its agents and employees from and against all
46 claims, damages, losses and expenses including reasonable
47 attorney's fees in case it shall be necessary to file or defend an
48 action arising out of the location or existence of such
49 encroaclunent.
50 AND, PROVIDED FURTHER, that the party of the second part
51 agrees to maintain said encroachment so as not to become unsightly
52 or a hazard.
53 AND, PROVIDED FURTHER, that the party of the second part
54 agrees to obtain a permit from the Waterfront Operations Division
55 of Public Works Engineering Prior to conunencing any construction
56 within the City's property.
57 AND, PROVIDED FURTHER, that this ordinance shall not be
58 in effect until such time that Jeffrey E. Murden executes an
59 agreement with the City of Virginia Beach encompassing the
60 aforementioned provisions.
61 Adopted by the Council of the City of Virginia Beach,
62 Virginia, on the - 6 day of November 1 9 90
2
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the city's property known as the waters of
Crystal Lake as shown on that certain plat
entitled: "PROPOSED BULKHEAD FOR JEFFREY
ERVIN MURDEN 5506 MEER STREET VA. BCH VA.,,,
a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more
particular description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's property known as the waters of Crystal Lake by the party
of the second part; and that the party of the second part shall
bear all costs and expenses of such removal.
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
2
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
permission and auttiority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must obtain a permit from the
Waterfront Operations Division of Public Works Engineering prior
to commencing any construction within the City's property.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
3
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of one Hundred Dollars
($100-00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Jeffrey E. Murden, the said party
of the second part has caused this Agreement to be executed by
his signature and seal duly affixed. Further, that the City of
Virginia Beach has caused tliis Agreement to be executed in its
name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
(SEAL) City Manager
ATTEST:
City Clerk
JefArIVy E/ Murdbn
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary
Public in and for the City and State aforesaid, do hereby certify
KOPROVED AS TCJ 4
LEGAL SUFFICIENCY
that AUBREY V. WATTS, JR., City Manager for the CITY OF VIRGINIA
BEACH, whose name is signed to the foregoing Agreement bearing
date on the. day of , 19_, has acknowledged
the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
My Cormnission Expires: Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid,,do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the day of , 19 -, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, 4@r,,,o /-/ , a Notary Public
in and for the City and State aforesaid, do hereby certify that
Jeff rey E. Murden, whose name is signed to the foregoing writing,
5
bearing date the day of
has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of
i 9
MY Commission Expires: Notary Public
@oP@A)
6
12.207,000 1 2.213.090 1 2,21 9,000 1 2,125.000
F-EE CRIO LO
LOCATION MAP
CRYSTAL LAKE
EX"
K Qaavg," T,)
2'RLrTURN TiLr To
EXISTING HW
BULKHEAD
LW
w &La PM
s@: r- low
C)
3c 1 Story Brick Frorne
0
9-
co 0
w
w
z
C3
LL
k)
60.01
c S 8'56'E
M E E R STREET
Pu--It, STOP EROSION PROPOSED BULKHEAD PROPOSED OULKFF-AD
DATum M.LW. . FOR
A@NT P@RTY JEFFREY ERVIN MURDEN m CRYSTAL LAKE
GLENN HERSH 5506 MEER STREET - VA. OCH.
RODGER MILLER VA. BCH VA. ciry OFVA.BCH. STAREVA.
3, W. /-/,l /e le,'.S A"UCANON &Y J. MURT) IIN
SHIErr I Of, 2 -IE 6-3-90
- 25 -
Item VI-H.8.
CONSENT AGENDA ITEM # 33669
Attorney Michael Levinson, 4004 Oceanfront, registered In OPPOSITION and
represented the Yates Construction Company (Attorney Levinson did not speak
until after the adoption of the Chesapeake Bay Preservation Regulations).
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council APPROVED:
LOW BID
JOHN D. STEPHENS, INC. Lake Gaston Water $6,257,657.00
Supply Project
(Contract C-1a)
(CIP 5-964)
A. STUART BOLLING Kempsville Suction $ 916,100.00
COMPANY, INC. Main, Phase I
(CIP 5-938)
ARNETTE CONSTRUCTION Great Neck Point $ 613,775.35
& DEVELOPMENT COMPANY Water and Sewerage
Improvernents
(Contract 1)
(CIPs 6-942, 5-022)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 26 -
Item VI-H.9.
CONSENT AGENDA ITEM # 33670
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED, AS AMENDED:
Ordinance to TRANSFER $-+@,490 $2 @ "'o frorn Independence Boulevard,
Phase IV, to Princess Anne/Seabord Road Intersections. These funds
to be replaced upon approval of the FY 1991-1995 CIP;
AND,
LOW BID:
WILLIAMS CORPORATION Princess Anne/ $ 231,955.10
OF VIRGINIA Seaboard Road
Intersection
(CIP 2-098)
Voting: 10-0
Council Members Voting Aye:
John A. BaLrn, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McCianan
I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUXT OF 6250,000
2 TO PRINCESS ANNE/SEABOARD ROAD INTERSECTION (2-098) To FULLY
3 COVER THE CONSTRUCTION BID AND SITE ACQUISITION COSTS
4 AND TO AWARD THE CONSTRUCTION CONTRACT
5 WHEREAS, the intersection improvements at Princess Anne and Seaboard
6 (2-098) will require $54,600 in additional funds to cover increased costs for
7 site acquisition;
8 WHEREAS, the city has recently received bids for construction of Project
9 2-098 Princess Anne Road/Seaboard Road Intersection with the low bid of
10 $231,955.10 received from Williams Corporation of Virginia;
11 WHEREAS, the project is scheduled to receive an additional $195,400 as
12 noted in the Proposed FY 1991-92/1994-95 Capital Improvement Program scheduled
13 for approval in December;
14 WHEREAS, to award the contract and to avoid any delay in conbtruction,
15 $195,400 may be transferred from project 2-987 Independence Boulevard-Phase IV
16 with the funds to be replaced upon approval of the PropoBed Capital Improvement
17 Program;
18 WHEREAS, to cover the increased cost of site acquisition $54,600 may be
19 transferred from Project 2-119 Princess Anne Road/Post Office Turn Lane due to
20 savings in that project.
21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA that funds in the amount of $250,000 are hereby
23 transferred to Project 2-098 Princess Anne - Seaboard Road Intersection from the
24 following: $195,400 from Project 2-987 Independence Boulevard-Phase IV to cover
25 the construction bid price with the funds to be replaced in project 2-987 upon
26 approval of the FY 1991-92/1994-95 Capital Improvement Program and $54,600 from
27 Project 2-119 Princess Anne Road/Post Office Turn Lane to cover increase site
28 acquisition costs.
29 BE IT FURTHER ORDAINED, that the construction contract in the amount of
30 $231,955.10 is hereby awarded to Williams Corporation of Virginia.
31 This ordinance shall be effective on the date of its adoption.
32 Adopted by the Council of the City of Virginia Beach, Virginia on the
33 6 day of November , 1990.
- 27 -
Item VI-H.10.
CONSENT AGENDA ITEM # 33671
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED, AS AMENDED:
Ordinance authorizing Tax Refunds in the amount of
$6,698.01 upon application of certain persons and
upon certification of the City Treasurer for
payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
RM NO. C.A 7 10/18/90 ETIC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
New Hope Baptist Church 86 RE(1/2) 020706-2 10/22/85 76.00
New Hope Baptist Church 86 RE(2/2) n2O7O6-2 5/14/86 76.00
New Hope Baptist Church 87 RE(1/2) 021767-5 11/17/86 76.00
Ne@v Hope Baptist Church 87 RE(2/2) 021767-5 5/22/87 76.00
Stuart R.Gordon 87 RE 073010-1 9/12/90 85.27
First Union Mortgage 88 Dlr(112) 000678-6 12/5/87 294.52
First Union Mortgage 88 RE(2/2) 000678-6 6/3/88 294.52
First I.!nion @lortgage 89 RE(1/2) nOO775-7 11/30/88 313.63
First Union tqortgage 89 RE(2/2) 000775-7 6/2/89 313.63
First Union Mortgage 90 RE(1/2) 000755-8 12/1/89 359.72
First Union Mortgage 90 RE(2/2) 000755-8 5/31/90 359.72
Cityfed riortgage Co 90 RE(2/2) 089082-5 ',:/8/90 134.32
Dominion Building Corp 90 Rr(1/2) 029975-1 4/13/00 1,740.82
Dominion Building Corp 90 RE(2/2) 029975-1 4/16/90 1,521.70
First Union Mortgage 90 RE(1/2) 033770-0 12/1/89 465.08
First Union Mortgage 90 RE(2/2) 033770-0 5/31/90 465.08
Amy M. Owens N/A Pkng 293634 9/21/90 20.00
Stephen P Delaney N/A Pkng 301861 9/14/90 12.00
Irving Friedman N]/A Pknq 301939 7/24/90 10.00
Allen W Patrick 90 Dog V22509 10/12/90 2.00
T K Sharpe 90 Do.o V22378 9/20/90 2.00
Total 6,698.01
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling Mont;
$6,698.01 were approved by
the Council of the City of Virginia
Beach on the 6 dav of _ November, 1990
surer
Approved as to form:
Ruth Hodges Smith
City Clerk
E-esli-e L. Lilley-I City pdtorney 17
- 28 -
Item VI-H.11.
CONSENT AGENDA ITEM # 33672
Upon motion by Councilman Sessoms, seconded by Vice Mayor Fentress, City
Council ADOPTED, AS AMENDED:
Ordinance authorizing License Refunds in the amount
of $30,594.86 upon application of certain persons
and upon certification of the Commissioner of the
Revenue.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
FORM NO. C.A. 0 REV. "6
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 cerfification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Anderson, Robert L. 1989 Audit 49.53 49.53
T/A Norwegian Woodworker
8137 Beatty Street
Norfolk, VA 23518
Atlantic Rest. Ventures, Inc.
T/A Fuddruckers 1988-90 Audit 1,980.85 1,980.85
7700 Old Branch Avenue, Suite 205 A
Clinton, MD 20735
Cheamitru, Thomas N. 1989 Audit 160.00 160.00
T/A Custom Security
2515 Vineyard Lane
Crofton, MD 21114
Certified as to Payment:
Robert P. Vaughan
Commissioner of the
Approved as to form:
Leslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2, 190. 38 were approved by the Council
of the City of Virginia Beach on the 6day of November
- 19 90
Ruth Hodges Smith
City Clerk
FOFIM NO, C.& 0 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Freedom Party Sales, Inc. 1987-90 Audit 2,704.63 2,704.63
T/A Freedom Party Sales
400 Investors Place, Suite 102
Virginia Beach, VA 23452
Holland Road Transmission Systems
T/A Cottman Transmission Systems
5225-C Indian River Road 1988-89 Audit 562.23 562.23
Virginia Beach, VA 23464
Homler, Carol D. 1988-89 Audit 20.00 20.00
T/A Virginia Beach Treasure Chest
P. 0. Box 3336
Virginia Beach, VA 23454
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to form:
slie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling 3,286-86 were approved by the Council
6 November 90
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.k A REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon cerfification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Hubba Enterprises, Tnc. 1990 Audit 142.95 142.95
T/A Subway Sandwiches & Salads
4584 Picasso Drive
Virginia Beach, VA 23456
Jacks Launch Service, Inc.
2125 Indian Creek Road 1985-88 Audit 1,693.35 1,693.35
Chesapeake, VA 23320
John G. Kolbe Tnc. 1989 Audit 838.19 838.19
P. 0. Box 27407
Richmond, VA 23261
Certified as to Payment:
@-R6ert P. Vaughan -77
Commissioner of the Revenue
Approved as to form:
Lkfie L. Lilley
This ordinance shal@ be effective from date of City Attorney
adoption.
The above abatement(s) totaling 2,674-49 were approved by the Council
6 November 90
of the City of Virginia Beach on the - day of 19
Ruth Hodges Smith
City Clerk
FORM NO, C.@ a REV, "6
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 CFTY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for licen,, refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date
Year Paid Base Penalty Int. Total
Hubba Enterprises, Inc. 1990 Audit 142.95 142.95
T/A Subway sand,,iches & Salads
4584 Picasso Drive
Virginia Beach, VA 23456
Jacks Launch service, Inc.
2125 Indian creek Road 1985-88 Audit 1,693.35 1,693.35
Chesapeake, VA 23320
John G. Kolbe Inc. 1989 Audit 838.19 838.19
P. 0. Box 27407
Richrnond, VA 23261
Certified as to Payment:
ommissioner of th
Approved as to form:
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $ 2,674. 49 were approved by the Council
6 November 90
of the City of Virginia Beach on the - day of 19
.th Hdges Sm@th
City Clerk
FORM NO. C.A. 8 FIEV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Keric Corp. 1990 Audit 366.68 366.68
T/A A-1 Beach Bikes
4702 Virginia Beach Blvd.
Virginia Beach, VA 23462
Kline Acquisition Corp. 1988-90 Audit 11,023.64 11,023.64
T/A Kline BMW
1495 S. Military Hwy.
Chesapeake, VA 23320
Kyker, Dawn R. 1988-89 Audit 22.03 22.03
T/A Shady Grove
432 Crossett Street
Virginia Beach, VA 23452
Certified as to Payment:
R rt
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of City Attorney
adoption.
The above abatement(s) totaling were approved by the Council
of the City of Virginia Beach on the6 November 90
- day of 19
Ruth Hodges Smith
City Clerk
FORM NO. C.1 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Keric Corp. 1990 Audit 366.68 366.68
T/A A-1 Beach Bikes
4702 Virginia Beach Blvd.
Virginia Beach, VA 23462
Kline Acquisition Corp. 1988-90 Audit 11,023.64 11,023.64
T/A Kline BMW
1495 S. Military Hwy.
Chesapeake, VA 23320
Kyker, Dawn R. 1988-89 Audit 22.03 22.03
T/A Shady Grove
432 Crossett Street
Virginia Beach, VA 23452
Certified as to Payment:
@ -t4@
(R@ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
@eslie L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling @ 1 1 .41 2. 1 were approved by the Council
6 November 90
of the City of Virginia Bea:ch on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO. C.k 8 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds. upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Michaels, Marianne M. 1988-89 Audit 30.00 30.00
T/A Michaels Custom Interiors
1921 Frizzell Drive
Virgihia Beach, VA 23455
Parker Oil Company Inc. 1990 8-13-90 1,907.13 1,907.13
P. 0. Box 120
South Hill, VA 23970
Ponder, Joseph E. 1989 Audit 206.20 206.20
T/A Sports Stop
402 Maryland Court
Virginia Beach, VA 23451
Certified as to Payment:
Ro@rt P''Vaugh-an
Commissioner of the Revenue
Approved as to form:
@slie@L-Lille;-
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2, 143- 33 were approved by the Council
6 November 90
of the City of Virginia Beach on the - day of 19 -
Ruth Hodges Smith
City Clerk
FORM NO C.1 6 REV.
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Robinson Auto Sales, Ltd. 1989 Audit 1,450.00 1,450.00
6512 Virginia Beach Blvd-
Norfolk, VA 23502
Rudee Inlet Yacht Sales, Tnc.
573 Susan Constant Drive 1988 Audit 1,756.00 1,756.00
Virginia Beach, VA 23451
Tracor Applied Services Inc.
6500 Tracor Lane 1989 Audit 5,587.59 5,587.59
Austin, TX 78725-2050
Certified as to Payment:
@o6ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
LeVie L. Lillec-
City Attorney
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $ 8, 79 3. 59 were approved by the Council
of the City of Virginia Beach on the6 day of November 90
19
Ruth Hodges Smith
City Clerk
FORM NO. C.k 8 REV. Wu
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty Int. Total
Year Paid
Watson, John A. & Potter, Kenneth
T/A P & W Services 1969-90 Audit 39.86 39.86
6320 Baylor way
Virginia Beach, VA 23464
Wood Office Supply Inc. 1988-89 Audit 54.00 54.00
2415 Almeda Ave.
Norfolk, VA 23513
Certified as to Payment:
Commissioner of tt
Approved as to form:
esl 'e L LIl-
This ordinance shall be effective from date of ty Att.,ny
adoption.
The above abatement(s) totaling $ 93.86 were approved by the Council
of the City of Virginia Beach on the6day of November 19 90
Ruth Hodges Smith
City Clerk
- 29 -
Item VI-I.
PUBLIC HEARING
PLANNING ITEM # 33673
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNINC
(a) CHESAPEAKE BAY PRESERVATION AREA
CITY CODE AMENDMENTS ADDING Appendix F to be
known as Chesapeake Bay
Preservation Area Ordi-
nance.
Appendix A, Sec. 101,
102, 111 and 200 of CZO.
Appendix B, Sec. 5.10, 6.1
and 6.3 of the Subdivision
Ordinance
Appendix C, Sec. 2, 3,
4, 5 and 7 of the Site
Plan Ordinance
ADDING Section 16 re
Stormwater Management
Ordinance to Appendix D
Section 30-78 re erosion
and sediment control and
tree protection
ORDINANCE TO AMEND and REORDAIN Chesapeake Bay Preser-
Article XXII, Chapter 2 vation Area Board.
- 30 -
Item VI-I.a.l.
PUBLIC HEARING
PLANNING ITEM # 33674
The following spoke relative the CHESAPEAKE BAY PRESERVATION AREA REGULATIONS:
Jennifer Brooks, 1117 Voss Court, Phone: 468-4683, represented the Old
Donation Environmental Club and spoke in SUPPORT of the CHESAPEAKE BAY
PRESERVATION AREA REGULATIONS (Age 11).
Cicely Rodgers, 2621 Meckley Court, Phone: 426-6619, represented the Old
Donation Environmental Club and sp6ke in SUPPORT of the CHESAPEAKE BAY
PRESERVATION AREA REGULATIONS (Age 11).
Lee Tourgee, 2156 Lords Landing, represented the Old Donation Environmental
Club and spoke in SUPPORT of the CHESAPEAKE BAY PRESERVATION AREA
REGULATIONS (Age 11).
Leya Speasmaker, 2417 Runners Way, Phone: 481-9042, represented the Old
Donation Environmental Club and spoke in SUPPORT of the CHESAPF-AKE BAY
PRESERVATION AREA REGULATIONS (Age 11). Statements of all the Members of the
Old Donation Environmental Club are hereby made a part of the record.
Delegate Glenn Croshaw, One Columbus Center, Phone: 490-6000, represented the
Tidewater Chapter of the National Swimming Pool and Spa Institute and
requested support of the language on line 953 relative swimming pools.
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented the Tidewater
Builders Association, as Chairman of the Virginia Beach Municipal Affairs
Committee. Mr. Bowie outlined the position of the TBA relative the various
Decision Points.
Ronaid D. Morrison, 1105 Brattleboro Avenue, Phone: 490-3141, represented
himself. Mr. Morrison believed these regulations only effected future
development, as it might possibly effect the clean water of the Chesapeake
Bay.
Sharon Adams, 929 Windsor Road, represented SAVE, which is a regional group of
citizens interested in protecting the very valuable natural resources of the
Southeastern Virginia region. Mrs. Adams spoke in SUPPORT of the Staff
Ordinance. Mrs. Adams' statement is hereby made a part of the record.
William M. Davenport, Post Office Box 5000, Phone: 422-0232, Landscape
Architect, requested the Staff Version be adopted with the annotations on page
28 and 37 relative certified landscape architects.
E. Andrew Heatwole, Tidewater Association of Realtors, Phone: 340-9700. Mr.
Heatwole distributed their position statement, which is hereby made a part of
the record.
- 31 -
Item VI-I.A
PUBLIC HEARING
PLANNING ITEM # 33674 (Continued)
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED, AS AMENDED*:
CHESAPEAKE BAY PRESERVATION AREA REGULATIONS
Ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia:
(a) ADDING Appendix F to be known as the
Chesapeake Bay Preservation Area Ordinance.
1. Decision point II.b, pertaining to the extent
of Resource Management Areas (page 10-11 of
annotated ordinance);
2. Decision point IV.b, pertaining to the issue
of approved Best Management Practices (page 23
of annotated ordinance);
3. Decision point V.a., pertaining to the
preparation of Water Quality Impact
Assessments by certified landscape architects
(pages 28-29 of annotated ordinance);
4. Decisi6n point VI.c., pertaining to the
preparation of Environmental Features Surveys
by certified landscape architects (page 37 of
annotated ordinance)
5. Decision point VI.d., pertaining to the
preparation of landscape plans by quality
professionals (pages 37-38 of annotated
ordinance);
6. Decision point VI.e., pertaining to the
certification of structural stormwater
management facilities (page 38 of annotated
ordinance);
7. Decision point VIII.b., pertaining to swimming
pools with best management practices as
exemptions in Resource Protection Areas (page
43 of annotated ordinance).
This Ordinance shall be effective January 1,
1991.
All property owners to be classified as IDA
(Intensely Developed Areas) will be notified
before the MAPS identifying the geographic
extent are presented for consideration.
- 32 -
Item VI-I.A
PUBLIC HEARING
PLANNING ITEM # 33674 (Continued)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AMEND THE CODE
2 OF THE CITY OF VIRGINIA BEACH
3 BY ADDING AN APPENDIX F, TO BE
4 KNOWN AS THE CHESAPEAKE BAY
5 PRESERVATION AREA ORDINANCE
6 WHEREAS, the General Assembly has enacted the
7 Chesapeake Bay Preservation Act, Virginia Code Sections 10.1-
8 2100 through 10.1-2115; and
9 WHEREAS, the Act requires localities to define and
10 protect certain lands which, if improperly developed, may result
11 in substantial damage to the quality of the waters of the
12 Chesapeake Bay and its tributaries; and
13 WHEREAS, the Chesapeake Bay Local Assistance Board has
14 promulgated regulations intended to implement the provisions of
15 the Chesapeake Bay Preservation Act; and
16 WHEREAS, it is the intention of the City Council to
17 adopt a local program consistent with the purpose and spirit of
18 the Chesapeake Bay Preservation Act and the regulations
19 promulgated thereunder;
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22 That there is hereby added to the Code of the City of
23 Virginia Beach an Appendix F thereto, which shall be known as the
24 Chesapeake Bay Preservation Area Ordinance, and which shall read
25 as follows:
2 6 Section 100. Title.
27 This ordinance shall be nown as the Chesa eake Ba
28 Preservation Area ordinance f the Cit of Vir inia Beach.
29 Section 101.
30 The Chesapeake ributa
31 systems in the world,
32 lial benefits to the citizens Of the
33 alth of Vi
34 tributaries he
35 its citizens.
36 The Chesalpeake Bay w ;iqnificantly
37 by many sources of lpollutin incldi. nn lnt sour-- .1ltion
38 from land develolpment. Exi.sting waters are worthv
39 from further degradation. Certain lands that are roximate to
40 shorelines have an intrins @ to the
41 ecolocrical and biological Processes they Perform. With proper
42 inanagement, they offer significant ecological bene
43 pollution control as
44 well as flood and shoreline erosion control. These lands
45 designated by the City Counil s Chesa eake Ba Presrvati.@
46 Areas, shall be developed in such manner as
47 ualit of water in the Ba .
48 Section 102. Purpose and Intent.
49 A. This ordinance is adopted in order to implement the
50 requirements and stated pur oses of The Chesa eake Ba
51 Preservation 10.1-2100 through 10.1-2115 of the
52 code of Virginia) and the C
53 Designation and Management Regulations Promulaated hereunder.
54 The intent of City.Council and the Purpose of this ordinance
55 are to: (1) protect existing high quality state waters; (2)
56 prevent anv increase in pollution; and (3) restore state waters
57 to a condition or quality that wi reasonable public
58 uses and will support the r d growth.of all aquatic
59 life, includin am. flh which i ht reasnabl be ex cted t.
60 inhabit them.
61 The performance standards established bV this ordinance
62 provide the means to minimize erosion and sedimentation
2
ients nd
63
64 @ation ground cover,
in holdin 1 in
65 esp,
66 place )n. Exist
67 -limizing imidervioll@ @N7pr- ra-.
68 runoff is. reduced.
69 B. The designation of any area as a Chesa eake Ba
70 Preservati Lon to,
71 the zoning district clas
72 iparcel of lan
73 ninq district
74 f the Ci all be
75 subject to all applicable provisions
76
77 Section 103. Definitions.
78 The following word. and tr-s sed i. this ordnance shall
79 have the following me clearlv indicates
so otherwise.
81 Agricultural lands. Those lands used for the Dlantinq and
82 harvesting of crops or plant growth of any kind in the open-
83 pasture, horticulture, dairy far
84 raising of poultry or livestock.
85 Applicant.-Any-p.erson submitting any aiDiDlication reguired
86 or permitted ny of the Provisions of this ardinance_
87 and any Derson on whose be
88 Best management practice. A practice, or a combination Of
89 practices, determined to be th
90 preventing or reducing the amount of pollution gene d b
91 nonipoint soui 1 compatible with water quality goals.
92 Board. The Chesapeake Bay Preservation Area Board.
93 Buffer area. An area of existin
94 managed to protect other components of a ResOurce PrOtectiOn Area
95 and state waters froin significant degradation due tO land
96 disturbances.
3
97 a tree measured six inches above
98
99 Chesapeake Bay Prese ?sianated as
100 I Preserva ion Area Ma ado ted b the
101 city council, subject to the determination of the Commit ee on a
102 site-specific basis. A Chesapeake Bay Preservation Area shall
103 :.ection Area and a Resour
104 Iv designated Intensely Develo ed Areas.
105 Committee. The Chesapeake
106 Coinmittee.
107 rhe area of all iin
108 created by development or redevelopment of land includin but
109 eas and
110 sidewalks, and any other land disturbed for the construction of
ill such improvements.
112 Develonment. The construction or installation of an
113 improvement upon a parcel o
114 associated therewith.
115 Diameter at Breast Height. The diameter of a tree measured
116 at a point four and one-half feet above t
117 Director. The Director of the De
118 Services or his designee.
119 Dripline. An imaginar er endiular line etendin
120 downward from the outermost tips of the.branches of a tree to the
121 ground.
122 Highly Erodible Soils. Those soil
123 erodible soils in the City of Virginia Beach Soil Survey,
124 Impervious cover. A surface comdosed of any material which
125 significantly impedes or prevents natural infiltration of water
126 into the soil, including, but not limited to buildin s and other
127 structures and the components thereof, concrete, asphalt, or
128 compacted gravel surface.
129 Intensely Developed Area. Any land designated as such
130 the ChesaiDeaP ation Area Map adodted bv the CitV
131 Council.
4
132 Land disturb, ivity upon 1
133 or results.in the rmv.1 or cvri. of the
134 veq o,
135 excavati The term
13 6
137 individual home landscaping and home maintenance.
138 Pollution consistin of
139 nutrien
14 0 f@nyn diffuse s(
141 - and use.
142 ---*4A.1 -aflands. Those wetlands other than tidal wetlands
14 3
144
145 normal circumste nce of ve tation
146 typically adapt
147 Virginia Beach Soil surve b soil
148 Corolla- Sands; Dorovan
149 Silt Loam2 Pamlic ck
150 Peat, Ponded; Pamlico-I,akehurst eat- and
151 -r
152 Person. An individual, fiduciary, corporation firm
153 ipart@ership. association, or -ntiiTt-V oLr
154 combination thereof.
155 Redevelop ;ubstantial alter tion or
156 installation of any improvement upon a lot or.parcel
157 portion of which is or has been developed, or any land
158 disturbance associat
159 definition, any lot in existence Prior to October 1, 989 shall
160 be deemed to remain a separate lot irresipective of
161 vacation of one or more of its lot lines.
162 Resource b a. That com
163
164 Area. Resource Managemen
165 improperly used or develope ave the otential for causin
5
166
167 )urce Protection
168 Resource Protection Area. 5apeake
169 Bav . ed of land, thp shorelin-
170 which have an i triinsjic water qua -oqical
171 r are s
172 Eicant degradation to the ualit Of
173 state Kate-rs-
174 Subdivision. T f any
175 els. The.term shall include all chan es
176 involving any division of
177 an existing lot or lots and, if a new street is involved i such
178 and. When approlpriate to
179 Li also include the rocess Of
180 subdividina and.the territ bdivided-
181 Tidal shore. The area between the mean low water and mean
182 L waters.
183 Tidal wetlands. Vegetated as
184 E the city
185 Tributary stream. Any pere
186 the most recent U.S. Geologial Sur@. 7-1 2 minute t. . ra hic
187 uadran le ma scale 1,24 000 -
188 Water-deDendent faci . A devel. ent of land which
189 cannot exist outside of a Resource Protection Area and wh ch must
190 be located on the shoreline by reason of the intrinsi na-tlure ofL
191 its operation. These facilities include, but are not llinited to
192 ports, intake and outfall structures of power plants, water
193 tr s, sewage wers, marinas
194 and other boat docking s ructures beaches and other blic
195 water-oriented recreation areas, fisher Tnarine
196 resources facilities and shoreline protection ineasures as
197 authorized under the provisions of the W
198 Wetlands. ntidal wetlands as defin d herein.
6
199 S..ti.. 104. A@.. of A licabilit -
200 A. The Ch
201 eake Bay Preservation
2 02
203 shall inc owing
2 04
205 (1) Tidal wetland-
206 (2) Nontidal wetland-
207 (3) Tidal shore-
2 08 (4)
209 (5) @r area loca d adiacent
2 10
211 throuc[h (4) above, a
212 tributary stream.
213 C. one
214
215 a Resource Protection Are -ee acres
216 in size, or the than or e 1 to three
217 (3) acres in size abu ndward of,.a Resource
218 Protection Area.
219 D. The Chesapeake E
220 general loca ion of Chesa eake Ba
221 @ommittee shall have the final authorit
222 e extent o
223 Preservation Areas by ap lication of the riteri. set frth in
224 tbis section.
225 E. If the area encompassed by a
226 Preservation Area includes a rtin of a lot less than or e ual
227 to three (3) acres in lze the entire lot shall be ubect to
228 :)rdinance. A
229 October 1, 1989 less than three (3) acres in size
230 and within a Chesalpeake B
231 sublect to tt s of this ordinance.
7
232 Section 105.
2 3 3
2 34 Lnfill si tle of the natural
235 that one or more of
236 )ctober 1, 1989:
237 (1) Develoioment h natural state
2 3 8
239 per cent impervious surfac-
240 (2) The lo 7er and water' or
241 (3) The density of de alled or exceeded
242 r acre.
243 B. The designation of a lot as. @a
244
245 such lot. Redev lo ment
246 upon any lot designated as an Intensel Develo ed Area shall be
247 sublect to all of the requirements of this ordinance ex as
248 otherwise sipecifical ted in .betion B. f Setion 108 of
249 this o dinance-
250 Section 106. Resource Protection Area Re ulations-
251 There shall be no
252 excelpt for the construction, install,ation or maintenance of
2 53
254 subject to the recfuirements of this rdinance-
255 Section 107. interpretation of Chesapeake Bay Preservation Area
256 oundaries.
257 The Chesapeake Bay Preservation Area Map adopted by the City
258 Council shall be used as e general location of
259 ChesaT)eake Be, n Areas. The site-specific oundaries
260 of a Chesapeake Bay Preservation Area shall initiall be
261 delineated bv the applicant, and shall be sublect..to app oval and
262 modification by the Committee on the basis of the riteria set
263 forth in Section 104 (B) ance. In ma
264 determination, the ComTnittee mav consider any relevant
265 information and may perform site inspections. When a delineation
8
266 2!rva any component thereof
2 67
268 Bay Prese atio. Ara Ma hall be ame,,ded to reflect such
269 delineation.
270 section io8. Performance standards-
271 The Perfo
272 intended to pre
273 from new develo ment, achii@evve a ten (10
274 from redevelopment, and achieve a fort
275 (40) per cent reduction in nonpoint sourc
276 ards shall apply ia a-11
277 )n Areas.
278 A. irds for Develop ent and
279 Redevelopment-,
280 (1) Land disturbance shall be liinited to the area
281 e or
282 development. The limits of land disturbance
283 including clearing or grading, shall be st tl
284 defined by the construction foot rint as shown on
285 the approved Plan of developmen . Clearin shall
286 be allowed only to provide necessar access site
287 drainage, water quality best management
288 installation of utili
289 drainfield sites as detailed on a Vir inia
290 Department of Health Sewage DiSposal construction
291 Permit. These limits shall be clearly shown on
292 submitted plans and physically marked on the
293 develoument site.
294 (2) Indigenous vegetation shall be preserved to the
295 maximun extent loossible consistent with the use
296 and development Permitted and in accordance with
297 the most recent edi.tion of the Virgi la ErosiOn
298 and Sediment Control Handbook.
9
299 a
300 manaqement Plan-for
301 that site, exi n six
302 (6) inches diarnete )e
303 V)reserved i-h. nngtruction footprint.
304 Diseased r age,
305 storm, fire, or other inur ina be removed.
306 b. Lng, suitable
307 protectiv fencilrnlq,
308 shall be erect of
309 anV tree eserved.
310 These protectiv
311 erected throughout all hases Of
312 construction. The storage of e ent
313 materials, debris, or fill shall not be
314 allowed ea protecte b the
315 barrier.
316 (3) Land developmen is cover
317 consistent with tbe use or development per itted
318 through the incorporation.of strilctural or
319 nonstructural urban
320 as described in the most recent edition of
321 the Urb
322 of the
323 b. as described in the City of Virginia Beach
324 Stormwa
325 (4) Notwithstanding any other provision of this
326 ordinance, anv land disturbance exceeding 2 5-00
327 square feet, including construction of 11 sin le-
328 family houses, septic tanks and drainfields
329 shall comiolv with the requirements of Article 3 of
330 Chapter 30 of the Code of the City of Vir inia
331 Beach (City Code Sections 30-56 through 30-78).
332 (5) All on-site sewage dispos
333 a Virginia Pollutant Discharge Elimination System
10
334 VPDES) P e pum
335 every five (5) year-S,
336 (6) Ilerved
33 7
338 sewage disposal drai at
3 39
s
34 0
34 1 Ly-,
342
343 loarcel is not slifficient in ca acit to
344 accommodate a reserv ld
345
346 District o rtlmeinitu.
347 Buildi im ace
3 4 8
349 disposal dainfield si
350
351 3public
352 rm@it.
353 (7)
354 runoff shall be est
355 management Practices that achieve the
356 esult-.
357 For development, the post
358 source Pollutin runff lad hall not exceed
359 the predevelopment load.
360 b. For Intensely Developed Areas or other
361 redeveloloment sites the nOn Oint source
362 V)ollution load shall be rediiced by at least
363 ten (10) Der c ive
364 or modify this requirement for redeveloiomen
365 sites t d best
366 management Practices for stormwater runoff
367 cruality control, provided that-
11
3 68 1 - relo@nt
369 nn -i-t s--r-e 011-ti-n r"Off load
370 exc id; and
371 2. -acilities
372 sha @r and
373 Lev ls@of
374 ser re a
375 rev desi n
376 and such
377 fac iance with
378 thi
379 exe-,,*i-, f Pw maintenan e aqreelmilent
380 to @se
381
382 Predevelopment and postdevelop
383 shall b )rocedures.
384 d. For a redevelopment site inore
385 (90) per )V
386 impervi of a minimum
387 of an a cent of the
388 site to be deemed
389 the ecfu cent
390 reduction in nonpoint source polllltion load.
391 (8) Prior to the au orization of radin or other
392 on-site activities on any portion of a lot or
393 parcel, all permits recfuired bv
394 Zoning ordinance and Sections 401 and 404 of the
395 Clean Water Act (33 U.S.C. 1341 1344 shall be
396 obtained and evidence of such subinitted bY t-he
397 cant.
398 (9) Land upon which agricultural activities are
399 conducted shall have a soil and water quality
400 conservation plan. Such
401 the Fiel.d office Technical Guide of the U.S.
402 Department of Agriculture Soil conservation
12
4 03 s
Dian shall
4 04
4 05
406 ra
407 (10) listurbed area@
ntrol
408
409 benefits.
410 (11) nder
411 Section 6-
412 ince, and
413 authorized tla onin
414 ordinance, shal
415 so as to m -he buffer.
416 (12) Fill for P )division (11)
417
418 to
419 effectively inaintain the i
420 (13) 1 Tnaterial shall be
421 located and sta iffer.
422 B.
423 To minimize the adverse effects of development activities on
424 tion Areas, state waters
425 :)ot wide buffer area of ve etation that
426 nting ero ion and
427 pollution from runoff shall be retaind
428 if Present and established where it does not exist.
429 The buffer area shall be
430 other components of a Resource Prtetion Area. The full buffer
431 area sball be designated as the landward component.of the
432 Resource Protection Area.
433 The 100-foot buffer area ed to.achieve a
434 seventy-five (75) per cent reduction of sediments and a forty
435 (40) per cent reduction of nutriente;. A .Tnbination of . buffer
436 (50) feet in width and aDDro riate best
437 management Practices located la buffer area which
13
438 collectively
439 t the equivalent of the
440 ed in lieu of the 100-
441 )val of the committee after
442 Assessment.
443 The buffer area shal ed to meet the fo.ilowing
444 additional Performance standar-ds.-
445 (1) In order to mai of the
446 buffer shall be
447 removed except to provide for reaso
448 lines, access t)aths, general woodlot mana ement
449 and best manaqement Practices as follow--
450 a. Trees may be Priined or removed as necessary
451 to provide for sight lines and vistas
452 provided that where removed, they shall be
453 replace
454 equally effective in retarding runoff,
455 preventing erosion, and filtering nonpoint
456 source pollution from runoff.
457 b. Any Path shall be constructed and surfaced so
458 as to e
459 Dead, diseasc rees or
460 may be removed at the discretion of the
461 landowner.
462 d. For Prolects re u@iiring ipermits iinder Section
463 6-136 of the City Code or Section 1403 of th.
464 Wetlands onin ordinance and for roect.
465 authorized by Section 1402 of the Wetlands
466 Zoning ordinance, trees and woody vegetation
467 may be retnoved, necessary control
468 employed, ro
469 established to protect or stabilize the
470 shoreline in accordance with the best
471 available technical advice and a able
472 permit conditions or r
14
47 3 (2
474 result in the loss o t or
475 9, the
476 Committee may allow reductions of the width of the
477 buffer area in riteri--
478 a. Encroacbments upon, or reductions in the
479 width of, the
480 minimum 1 reasoini-alb@l@e
481 ncipal
482 structur om lete
483 the va
484 foot
485 according to the landscap lan-
486 b. vegetat
487 in size to the area of the buffer reduced or
488 encroached upon shall be es ablished
489 elsewhere on the lot in such manner as to
490 inaxiinize water quality protection' and
491 In no case shall the reduced Po tion of the
492 buffer area be less than fifty (5 eet in
493 width.
494 (3) On acfricultural lands
495 shall be managed to prevent concentrated flows of
496 surface water from breaching, and noxious weeds from
497 invading, the buffer area. The agricultural buffer
498 area may be reduced as follows:
499 To a minimum width of fifty (5 ) feet when
500 the subiect land is implementina a federal,
501 state, or locally-funde 1 best
502 mana ement ratie. ro ra. rvided that
503 the combination of the r area
504 and the best management practices achieve
505 water guality Protection, Pollutant removal
506 and water resource conservation at least the
507 equivalent of the 100-foot buffer area as
15
508 determin
509 Water Conservation District,,
510 b. To a miimm width f t,,.nt -@ive 25 feet
511 when a soil and water quality conservation
512 plan, as approved by th
513 and Water Conservation District,.has been
514 implemen
515 shall be d u on the Field Office
516 Technical Guide of the U.S. Department of
517 Agricultiire Soil Conservation Service and
518 accomplish water gualit ection
519 consistent with this ordinance.
520 The buffer area shall not be r
521 agricultural draina e ditches if the subect
522 agricultural land ha lace best
523 management practices in accordance with a
524 conservation plan approved by the Virginia
525 Dare Soil and Water Conservation District.
526 C. The provisions of subsection B. hereof shall not apply
527 to lands designated as Intensely Developed Areas, except that
528 consideration shall be aiven by the
529 maintaining a vegetated buffer of sufficient width to reduce the
530 no pollution load by at lea er cent.
531 Section 109. Water ouality Impact Assessment.
532 A. The purpose of a water quality impact assessment is to:
533 (i) identify the potentially adverse inuacts of Proposed
534 develooment on water aualitv and lands within Chesapeake Bay
535 Preservation Areas; (ii) ensure that, where development or
536 redevelopment takes place within Chesapeake Bay Preservation
537 Areas, it will be located on those Dortions of a site and in a
538 manner that will be least disruptive to the natural functions of
539 Resource Protection Areas and other sensitive lands; and (iii)
540 specify means to avoid, minimize or mitigate the impacts of
541 development for water quality protection.
16
542 B. A wate t sha d (i)
543 for any development or redevel
d
544
545 for in Section 1 iii) where. water
546 Ls deemed n
547 evelopment or
548 redevelopment upon water auality or !a by
549 e site ity
550 )Ielopment.
551 C. The following elements sha
552 uc
553 judcrment of the t be reasonably necessary in
554 development or
555
556 (1) Location of the components of the Resource
557 Protection Area, including the 100 foot buffer
558 area;
559 (2) Type and location of ro osed best inana ement
560 practices to initigat
561 reduction of, the buffer area;
562 (3) A scaled plan and text that.
563 Describes the existin to o ra h soil
564 information, including ndwater
565 and infiltrati.on rate where approprilate,
566 surface and groundwater hydrology, etlands
567 on the site and, if nec age
568 patterns from adjacent lands;
569 b. Describes the impacts of the Proposed
570 development on topographv, soils,-_surface and
571 groundwater hydrology on the site and
572 adjacent lands;
573 Describes Potential adverse impacts on
574 wetlands@
575 d. Indicates the source location and descri tion
576 of proposed excavation rial;
17
577 e. Indicates, for anv water-dependent activity,
578 the location of. and Potential adverse
579 impacts udon, shellfish beds, submerged
580 aguatic vegetation, and fish spawning and
581 nursery areas;
582 f. Lists all federal, state and local permits
583 required for the development of the site; and
584 q. Describes the proposed mitigation measures
585 for the Potential adverse hvdroaeological
586 impacts of the idrolect:
587 (4) A landscape element that:
588 a. Identifies and delineates the location of all
589 trees of six-inch (611) or greater diameter at
590 breast height. Where there are groups of
591 trees, stands may be outlined;
592 b. Describes the impacts the Proposed
593 development or redevelopment will have on
594 existing vegetation. Such information shall
595 include:
596 1. Limits of
597 anticipated improvements, including
598 buildings, drives, and utilities;
599 2. Del 11 trees which will be
600 removed; and
601 3. Descripti
602 disturbed or removed.
603 c@ Describes the proposed measures for
604 mitigation, which should include:
605 1. A replanting schedule for trees and
606 oth
607 construction, including a list of plants
608 and trees to be used;
609 2. A demonstration that t the
610 plan will preserve to the greatest
611 extent possible any trees and vegetation
18
612 on the site and will provide maximum
613 erosion control and overland flow
614 benefits from such vegetation; and
615 3. A demonstration that indigenous plants
616 are to be used to the greatest extent
617 possible.
618 D. Submission and Review Requirements.
619 (1) There shall be submitted to the Director for
620 review such number of copies of all site drawings
621 and other required information as the Director may
622 reguire.
623 (2) All information required in this section shall be
624 prepared by a professional engineer, a certified
625 landscape architect or a certified land surveyor,
626 Provided, however, that the landscape element inay
627 be prepared by a qualified professional, as
628 defined by the Virginia Beach Landscape Ordinance.
629 (3) A water guality impact assessment shall be
630 prepared and submitted to the Director and
631 reviewed by the Committee in conlunction with
632 Section 110 (Plan of Development Process) of this
633 ordinance.
634 Section 110. Plan of Development Process.
635 Any development or redevelopment having a construction
636 footprint exceeding 2,500 square feet shall be accomplished
637 through a plan of development process prior to anV clearing or
638 grading of the site or the issuance of any building permit.
639 A. Required Information.
640 The following plans shall be submitted, unless
641 otherwise Provided for or deemed unnecessary by the Committee:
642 (1) A site plan or a subdivision Plat meeting the
643 requirements of the Site Plan ordinance or
644 Subdivision ordinance, as the case may be;
645 (2) An environmental features survey;
19
646 (3) A landscat)e iplan;
647 (4) A stormwater management plan meetincf the
648 requirements of the Stormwater Management
649 Ordinance;
650 (5) An erosion and sediment control Plan meeting the
651 requirements of the City's Erosion and Sediment
652 Control and Tree Protection Ordinance; and
653 (6) A water quality impact assessment, if reguired by
654 Section 109 of
655 B. Environmental Features Survey,
656 An environmental features survey shall be submitted in
657 conjunction with final subdivision plat or site Plan review.
658 (1) Such plan shall be drawn to scale and clearly
659 delineate the following environmental features:
660 (a) Tidal wetlands,,
661 (b) Tidal shores;
662 (c) Nontidal wetlands connected by Perennial
663 surface flow and contiguous to tidal wetlands
664 or tributary streams;
665 (d) Highly erodible soils;
666 (e) A buffer area one hundred (100) feet in
667 width, located adjacent to and landward of
668 components (a) through (e) and along both
669 sides of any tributary stream.
670 (2) The location and extent of nontidal wetlands
671 referred to in (c) hereinabove shall be determined in
672 accordance with the procedures specified in the Federal
673 Manual for Identifying and Delineating Jurisdictional
674 Wetlands, as restricted by the definition of nontidal
675 wetlands set forth in Section 103 of this ordinance.
676 (3) The environmental features survey plan shall be
677 drawn to the same scale as the preliminary site
678 plan or subdivision plat, and shall be certified
679 as complete and accurate by a professional
2 0
680 engineer, certified landscape architect or certified
681 land surveyor.
682 C. Landscane Plan.
683 (1) A landscape plan shall contain the f llowin -
684 a. A delineation of the location, size, and
685 description of existinq and Dronosed idlant
686 material. Ali existina trees on the site of
687 six-inch or greater diameter at breast height
688 shall be shown on the landscadinq plan.
689 Where the
690 be outlined instead. The specific number of
691 such trees to be preserved outside or within
692 the construction footprint shall be indicated
693 on the plan. Trees to be removed to create a
694 desired construction footprint shall be
695 clearly delineated on the landscape Plan;
696 b. A delineation of any required buffer area
697 and any plant material to be added to
698 establish or supplement the buffer area;
699 C. Within the buffer area, a designation of the
700 trees to be removed for sight lines vistas
701 access paths and best management Practices,
702 and any veaetation redlacing trees removed
703 from the buffer area'
704 d@ A designation of the trees to be removed for
705 shoreline stabilization Prolects and any
706 replacement veaetation;
707 e. A depiction of grade changes or other work
708 adjacent to trees which would adversely
709 affect them. Specifications shall be
710 provided as to how arade, drainage, and
711 aeration would be maintained around trees to
712 be preserved; and
21
713 fo Specifications for the protection of ex tin
714 trees during clearing, grading, and all
715 phases of construction.
716 (2) Plant Specifications.
717 Plant specifications shall be as follows:
718 a. All plant materials necessary to suPT)lement
719 the buffer area or vegetated areas outside
720 the construction..footprint shall be installed
721 according to standard planting Practices and
722 procedures.
723 b. All supplementary or replacement Plant
724 materials shall be in a healthy condition.
725 Plant materials shall conform to the
726 standards of the most recent edition of the
727 American Standard for Nurserv Stock,
728 published bv the ATnerican Association of
729 Nurserymen.
730 C. Where areas to be Dreserved are encroached
731 upon, replacement of existing trees and other
732 vegetation shall be achieved at a ratio of
733 three (3) trees Dlanted to one (1) tree
734 greater than six (6) inches diameter at
735 breast height removed, or by such other
736 measures as in the judgment of the Committee
737 will adequately compensate for the removal of
738 such trees and other vegetation. Replacement
739 trees shall be a minimum two (2) to two and
740 one-half inches (2 1/2") caliper at the time
741 of planting.
742 (3) Maintenance.
743 Maintenance of vegetation shall be as follows:
744 a. The applicant shall be responsible for the
745 inaintenance and replacement of all vegetation
746 required by the provisions of this ordinance.
2 2
747 b. In buffer as outside of the
748 construction footprint, plant material shall
749 be tended and maintained in a heal rowin
750 condition and free from refuse and debris.
751 Unhealthy, d-yi s
752 shall be replaced durin the next lantin
753 season, as reguired by the Provisions of this
754 ordinance.
755 (4) The landscape Plan shall be drawn to the same
756 scale as the ioreliminary site plan or final
757 siibdivision Plat and shall be submitted as
758 complete and accurate by a giialified professional,
759 as defined by Beach Landsc @e
760 ordinance.
761 D. Stormwater Management Plan.
762 A starmwater managernent pla bmitted as part of
763 the plan of development process required by this ordinance and in
764 conlunction with preliminary site plan or final subdivision plat
765 val.
766 (1) The stormwater management plan shall con
767 charts, graphs, tables, photoaraphs, narrative
768 descriptions, explanations, and supporting references.
769 At a minimum, the stormwater management plan shall
770 contain the following:
771 a. Location and desian of all planne stormwater
772 control devices;
773 b. Procedures for implementing non-structural
774 stormwater control practices and hni ues,
775 c. Predevelopment and postdevelopment nonpoint
776 source pollutant loadings with supporting
777 documentation of all utilized coefficients
778 and calculations;
779 d. For stormwater manaaement facilities,
780 verification of structural soundness, which
2 3
781 shall be certified
782 or a cert
783 (2)
784 accordance with ciirrent CitV 0
785 Works Standards and Specifications.
786 (3) The Plan shall establish a long-term schedule for
787 inspecti.on a er
788 m the City's StorMwater
789 m
790
791 rements o
792 of Article 3 of Chapter 30 of the Code of the
793 30-56 throug d
794 with the preliminary site plan or final subdivision lat.
795 F. Performance and
796 (1) No aiDT)roved Dlans required by this section shall
797 be released until the applicant orovides
798 t performance bonds or other form of surety
799 acceptable to the City Attorney, ided
800 however, that w
801 desired Prior t. the om ltin f th. re uird
802 landscaping, stormwat
803 other specifications of an ar ed plan,.a
804 building permit and c
805 -. provides
806 Virginia Beach a form of surety
807 the City Attorney in an amount equal to the
808 estimated cost of con truction related materials
809 and installation costs of the required landsc@n
810 or other specifications and maintenan e costs for
811 any required stormwat
812 (2) All required hall be installed as
813 approved by the end of t
814 following issuance of a cer ificate of occu anc
815 or the surety shall be forfeited to the CitV.
2 4
816 (3)
817 other sipecificati installed and
818 118) months of prolect
819 c
82 0
821 -ed by the ap
822 t I to the Cit ch ma
823 also collect f cant the amount by
824 which he reas f
825 exceeds the amount of
826 (4) After all reguired actions of the appr lan
827 have been completed, the applicant shall ubmit to
828 the Director a written recruest for.a final
829 inspection. If the requirements ed
830 iplan have been completed, su
831 unobligated Portion 0
832 refunded to the a erminated within
833 sixty (60) days following the receipt of the
834 applicant's request f
835 (5) Prior to the issuance of an radin buildin or
836 other permit for activities involvina site
837 development activities, the applicant shall
838 furnish to the City a reasonable performance bond-
839 cash escrow, le er of credit or other le al
840 surety, or any combination thereof accept ble to
841 the City Attorney, to ensure that mea
842 taken by the City-,-...at the apf)licant's expense-
843 should he fail, after proper notice, within the
844 time specified, to initiate r maintain
845 appropriate conservation action which ma be
846 reguired of him as a result of his site
847 development.
848 (6) Any applicant, or Potential applicant, mav confer
849 with such departments-and other agenc es of the
850 city as mav e concerning a general
2 5
851 d f ore
852 s
853 s
854 0 plan of develo ment
855 a
856 aploroval o
857 Section 13.1. Nonconform es.
858 A. ture which lawfull ed
859
860 con: visions of this
861
e
8 62
863 -mity ndment. shall be
864 deemed nonc
ion
865
8 66
867
868 - the proced -ed in Section
869 114 of this ordinance.
870 C. Any action of t
871 the extension,.enlargemen )n of a us.e,
872 building or structure sublect to the ?n
hs frotn its
873 shall be null and void tw,
874 adoption u d is dilig 1
875 ued.
876 D. lall be construed to ibit
877 . ..... @f-@iir-t-ion or restoration of any nonconform
878 or structure which is dest 1 of casua t@
879
880 structure, as reconstructed or restored, is not extended or
861 enlarged. Relocation of a building or structure shall be allowed
882 only as Provided in subsection B here0f-
883 Section 112. Exemiptions.
26
884 Exemptions for Public Facilities.
885 (1) I nd
886 m I telephone lines
887 rai.iroads, Public roads and their tenant
888 structures in accordance with all recruirements of
889 Article III of Chapter 30 of the Code of the city
890 of Virginia Beach (city Code secti ns 30-56
891 through 30-78)-.hall be deemed to be 1. c.. liance
892 w
893 shall include, b Ldges,
894 c Lnage facilities
895 lighting and traffic control devices, fences and
896 berins.
897 (2) Construction, installation and maintenance Of
898 w orm
899 drains, and their a of
900 pumiping 8tations, fi h d]
901 communication devi.ces and Power facilities that
902 are an essen dental com t of
903 public water oiects, shal xem t
904 from this ordin
905 a. To the degree practicable, the 1 cation of
906 such utilities and facilities shall be
907 outside Resource Protection AreaS*
908 b. No more land shall be disturbed than is
909 necessar@ or the desired
910 installation;
911 c. All construction, installation and
912 maintenance of such litilities and facilities
913 shall comply with all tate and
914 federal reguirements an
915 designed and constructed in a manner that
916 protects water quality; and
917 d. Any land disturbance exceeding an area of
918 2,500 sqiiare feet compl es With all
27
919 reguireme 30 of
920 the Code
921 Code Sect
922 (3) 1 and inainte ance of
923 stormwater cfualitv control structures such as
924 ilverts, detention and
925 r ;siioating d vices and
926 d L are required or
927 regulated by cit )iv with
928 the recruirements of Article III of Chap er 30 of
929 the code of the C - Code
930 Sections 30-56 throucf 30-78)
931 be in comipliance with this ordinance.
932 B. Exemptions for slivicultural Activities.
933 Si.lvicultural activiti.es shall be exempt rom the
934 recruirements of this ordinance provided that uch activities
935 ocedures P
936 agement Practices Handbook
937 for Forestry Operations."
938 C. Exeiniptions in Resource Protection Areas.
939 The following uses of 1 ce Protection Areas
940 shall be exempt fro ons of this ordinanc-- i water
941 wells; (ii) passive recreation facilities, including, but not
942 limited to, swimming ng best management Practices,
943 boardwalks, trails and Pathways; (ii reservation and
944 archaeological a d (iv) fences which do not inhibit
945 strated to the
946 satisfaction of the Committee that:
947 (1) Any reguired permits, except those to which this
948 exemption specifically applies, shall have been
949 issued, and
950 (2) Any land disturbance exceeding an area of 2,500
951 sauare feet shall com 1 with all re uirements Of
952 Article 3 of Chaloter 30.of the Code of
2 8
953 V: ections 30-56 through
954 3 8
955 section 113. Review comm ttee-
956 A. Bav Preservation
957 Area Revii be
958 Lculture, ces,
959 Peri ctions,
960 ironmental ement'
961 ective
962 shall hav
963 this ordinance.
964 B. from
965
966
967 malority of a
968 7en (7) members, and shall adO t
969 rescind and amend such rule
970 1 and laws.
971 Lsable.
972 Section 114. Variances.
973 A. Applications for variances is
974 in writin d filed with the
975 ential impacts
976 of the i)roposed variance on water quality and on lands within the
977 Resource Protection Area through the performance of a water
978 which com
979
980 Director unless a anied by a nonrefundable fee in the amount
981 -1 .00 -
982 B. The Cominittee shall review the
983 and provide he Board
984 with an evaluation of the potential im acts of the ro osed
985 variance and such oth the Board in
986 considering the application. It shall tra
29
987 and su ortin i
988
989 ap lication.
davs af t)t of an
990 C.
991
992 le time and 1
993 be Pub
994 I news
995
996
997
998 D. Lng requirements the
999 apio osted he
e
1000
1001 ublic
1002 De
1003 state the natur of the
1004 arin
1005
1006 may deny or defer the a lication. An
1007 ompliance with
1008 the posting @f this section
1009 heard iinless an in the amou t of One
1010 Hundred Dollars ($100-00) is paid.
1011 E. and rescind rules for its
1012 it with th
1013 iprovided, however, th ess than a
1014 nbers of the Board, and provided
1015 further, that the conctirring vote of a maorit of the full
1016 membership of the Board shall be reqiiired to arant any variance.
1017 F. No variance shall be granted unless the B ard finds
1018 that:
1019 (1) Grantincf the variance will not confe n the
1020 applicant any special privileges not accorded to
3 0
1021 other owners 0
1022 p
1023 (2) The applicati.- j. .t b..ed . n .. ditions or
1024
1025 i. sed b the li..nt or his redecessor in
1026 title-
1027 (3) The -,arlne i. the in-imum necessary to afford
1028 relief,
1029 (4) The va with th ose
1030
1031
1032 blic welfar- and
1033 (5) There will be no net increase in nonpoint ource
1034 llution load.
1035
1036 imposed w
1037
1038 it -
1039 G. Any party aggri Board may,
1040 within thirty (30) days of the decision, petition
1041 the circuit Court to revi )cedure in such
1042 cases shall be as provided in Section 15 1-497 of the Code of
1043 Virginia, as amended. No part at the
1044 And object to the application at that
1045 time shall be deemed to be an a rieved art rovided, however,
1046 3t ;ion of the
1047 Board irrespective of not having appeared before the Board as
1048 otherwise reguired by this section.
1049 H. The circuit Coul: reverse or
1050 decision of the
1051 1 however, t rd
1052 shall be disturbed unless the court shall find that.'
1053 (1) The decision appealed
1054 -he criteria set forth in
31
1055 s bsection (F
1056 . , th.. th..e et f.,th therei-
1057 (2) There ,.- ,. .bt.-ti.1 ,,id..ce u on which the
1058 Board .uld ha,,e ade all findin s re uired b
1059 subsection F
1060 (3)
1061 (4) e Bard fald to im ose nd
1062
o a
1063
1064 degradation of water it -
1065 Section 115. als.
1066 A. )r decision b the
1067
1068 ap Board
1069 the Director within fifteen 15
1070 mination or ecision-
1071 Such application shall. st @ arounds
1072 of such appeal. ion failin to do so shall be
1073 rejected by the e filing of an appeal shall not
1074 stay anv uroceedings in furtherance of the ar-ti.,, a ealed
1075 from.
1076 B. @nts and ldrocedures
1077 pertaining to appeals shall be as set forth in Section 114;
1078 le provisions of subsection B
1079 ereof shall not a 1 .
1080 C. Any Party actc[rieved of anv determina ion of the
1081 Board shall. have the right to petition the Circuit court tO
1082 review a decision of the Board made pursuant s section.-
1083 The provisions of subsection (G) of Section 114.of this
1084 ordinance shall a 1 in such cases.
1085 Section 13.6. lolations.
1086 A. A violation of any of
1087 e in an
3 2
r
1088 amount not excee,
1089
1090 months either or both.
1091 B.
1092
1093 the Circuit court for ar
1094 ovi
1095 seek any other remed authorized b law.
1096 c. upon notice from the cit Mana er or his desi nee
1097 4 conducted in violation of an of
1098 the Provisions of this ordinan e such activit shall
1099 kn order to stop in
1100 writing and sha] violation and the
1101
1102 order shall be E 1 it shall have been tendered tO
1103 the owner of th activity is
1104 such
1105
1106
1107 shall be guilty
1108 Section 117. severability-
1109 The provis 11 be dee ed to be
1110 severable, and if any of the iorovisions hereof
1111 to be invalid or unenforceable, the remaining portions of
1112 this ordinance shall remain in full force and effect and
1113 their validity shall remain unimpaired.
1114 section 118. Vested Rights.
1115 The provisions of this ordinance shall not affect the
1116 vested ricfhte n under ex
1117 Section 119. Enforcement.
1118 This ordinance shall be enforce
1119 his designee, who shall exer ority of Police
3 3
1120 officers in th. erformance c ority
issue
1121
1122
1123 comi person al
1124 any of the provisions of this Ordinance,
1125 Section 120. Effective Date.
1126 This ordin e on the f
1127
1128 Adopted by the Council of the City of Virginia Beach,
1129 Virginia on the 6 day of November 1990.
1130 CA-3777
1131 \ordin\proposed\50.pro
1132 R-4
3 4
- 33 -
Item VI-I.a.2.
PUBLIC HEARING
PLANNING ITEM # 33675
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
(a) Appendix A, Sections 101, 102, 111 and 200 of the
City Zoning Ordinance re legislative intent,
establishment of districts and official zoning
maps, definitions and zoning lots.
(b) Appendix B, Sections 5.10, 6. 1 and 6. 3 of the
Subdivision Ordinance re underground utilities,
preliminary plats and data generally and final
plats and data.
(c) Appendix C, Sections 2, 3, 4, 5 and 7 of the Site
Plan Ordinance re uses requiring site plan review,
procedures, information required on site
development plan, minimum standards and
specifications and variances and appeals.
(d) ADDING Section 16 re Stormwater Management
Ordinance to Appendix D.
(e) ADDING Section 30-78 re erosion and sediment
control and tree protection.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
lieischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf, Nancy K. Parker and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 FINAL STAFF RECOMMENDATION
2 AN ORDINANCE TO AMEND AND REORDAIN
3 SECTIONS 101, 102, 111, AND 200 OF
4 THE CITY ZONING ORDINANCE, PERTAINING
5 TO CHESAPEAKE BAY PRESERVATION AREAS
6 WHEREAS, the Chesapeake Bay Preservation Act (the Act)
7 requires localities to have zoning ordinances which incorporate
8 measures to protect the quality of state waters in Chesapeake Bay
9 Preservation Areas, consistent with the provisions of the Act and
10 the regulations promulgated thereunder; and
11 WHEREAS, the City Council has adopted the Chesapeake Bay
12 Preservation Area Ordinance; and
13 WHEREAS, in order to incorporate the measures to protect
14 the quality of state waters required by the Act into the City
15 Zoning Ordinance;
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA:
18 That Sections 101, 102, ill and 200 of the City Zoning
19 ordinance be, and hereby are, amended and reordained, and shall
20 read as follows:
21 Sec. 101. Legislative Intent.
22 This ordinance is enacted to promote and protect the health,
23 safety and general welfare of the people of the city. It is the
24 intention of the city council that the provisions of this ordinance
25 will implement the purpose and intent of the comprehensive plan of
26 the city by encouraging the most desirable use of the land for
27 residential, recreational, agricultural, forestry, commercial,
28 industrial, conservation, public service, floodplain, drainage, and
29 other purposes, and the most desirable density of population in the
30 several parts of the city, and by encouraging the most appropriate
31 use and occupancy of buildings, ving -t-hne
32 thin an a@acent to the cit and by
33 promoting good civic design and arrangement. The provisions of
3 4 this ordinance provide reasonable standards with respect to the
35 location, height, bulk, size of buildings, and other structures,
36 yard areas, courts, off-street parking facilities and other open
37 spaces, density of population, and the use of buildings,
38 structures, and land for trade, industry, business, residence, or
39 other purposes.
40 Sec. 102. Establishment of districts and official zoning maps.
41 . . .
42 (c) Uses allowed. No use shall be allowed in any zoning
43 district except those which may be allowed as principal uses,
44 conditional uses, and accessory uses; provided, however, that no
45 ource P as excelpt as may
46
47 --e.
48 Sec. 111. Definitions.
49 . . .
50 Chesapeake Bay Preservation Area. An land desi nated as such on
51 Map. adopted by t cit
52 council, subiect to the determination of the C
53 tommittee on a site-specific basis. A
54 Chesapeake Bav Preservation Area shall consist of a Resource
55 shall inqlude
56 S.
57 Resource Protection Area. That comiponent of a Chesaipeake Bay
58 Preservation Area comprised of lands at or near the shoreline which
59 have an intrinsic water alit value due to the ecolo ical and
60 biological processes they Perform or to impacts which
61 may result in significant de radation to the ualit of state
62 waters.
2
63 esource Mana em
64
65
er
66 used or deve
the fu e of a
67
68 Resource Protection Area.
69 Sec. 200. zoning lots.
70 (a) Density allowance and lot area. For purposes of
71 determining allowable dwelling unit or lodging unit density and for
72 determining minimum lot size requirements, the gross area of a
73 zoning lot shall be the total area within the lot lines of the
74 zoning lot, including:
75 (1) Public and private utility easements, so long as the
76 total width of the easement is twenty (20) feet or less;
77 (2) Easements for ingress and egress in favor of others;
78 (3) Natural flood fringes;
79 (4) Manmade drainage areas and the easements over them
so constructed primarily for storage and retention of
81 stormwater runoff on the lot and conveyance from the lot
82 except that only the first ten (10) feet of such areas
83 closest to their boundary shall count toward the minimum
84 lot size requirements;
85 The following shall not count toward the gross area of
86 a zoning lot:
87 (5) The floodway portion of any natural floodplain;
88 (6) Any body of water except as mentioned above;
89 (7) Any manmade drainage areas such as borrow pits and the
90 easements over them constructed primarily for purposes
91 other than storaqe and retention of stormwater;
92 (8) Wetlands, as defined in of this ordinance
93 and such other wetlands as are included within Resource
94 Protection Area- and
3
95 (9) Any part of a public or private utility easement whose
96 total width is more than twenty (20) feet.
97 . . .
98 Adopted by the city Council of the city of Virginia
99 Beach, virginia, on the 6 - day of November , 1990.
100 CA-3778
101 \ordin\proposed\czobay2.orn
102 R-1
4
I AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 5.10, 6.1 AND 6.3 OF THE
3 SUBDIVISION ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, PERTAINING TO
5 CHESAPEAKE BAY PRESERVATION AREAS
6 WHEREAS, the Chesapeake Bay Preservation Act (the Act)
7 requires localities to have subdivision ordinances which
8 incorporate measures to protect the quality of state waters in
9 Chesapeake Bay Preservation Areas, consistent with the provisions
10 of the Act and the regulations promulgated thereunder; and
11 WHEREAS, the City Council has adopted the Chesapeake Bay
12 Preservation Area ordinance; and
13 WHEREAS, in order to incorporate the measures to protect
14 the quality of state waters required by the Act into the
15 Subdivision ordinance;
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
17 THE CITY OF VIRGINIA BEACH, VIRGINIA:
is That Sections 5.10, 6.1 and 6.3 of the Subdivision
19 ordinance of the City of Virginia Beach be, and hereby are,
20 amended and reordained, and shall read as follows:
21 Sec. 5.10. Underground Utilities.
22 (a) Except as provided below, transmission, distribution,
23 and customer service utility facilities carrying or used in
24 connection with electric power, street lights, telephone,
25 telegraph, cable television, petroleum, gas or steam, shall be
26 placed below the surface of the ground. Exceptions are as
27 follows:
28 (1) Equipment such as electric distribution
29 transformers, switchgear, meter pedestals,
30 telephone pedestals, meters, service connections
31 and the like normally installed aboveground in
32 accordance with accepted utility practices for
33 underground distribution.
34 4-b+ (2) Temporary overhead facilities required for
35 construction purposes.
36 (3) High tension transmission lines, fifty thousand
37 (50,000) volts or more.
38 All installations shall be in accord with applicable codes
39 and the specifications of the department of public works, as
40 approved by the council of the city of Virginia Beach, and shall
41 be in accordance with charges as approved by the state corporation
42 commission.
43 The requirements of this provision shall not apply to
44 subdivisions with lot sizes of three (3) acres or More.
45 (b) Constr
46 facilities mentioned in th
47 Preservation Areas shall be in accordanc
48 @ake Bay Preservation Area ordinance.
49 Sec. 6.1. Preliminary plats and data--Generally.
50 The preliminary plat shall be at a scale of not less than one
51 inch equals one hundred (100) feet, and may be of one or more
52 sheets as necessary. The plat shall include or be accompan d b
53 the following:
54 . . .
55 (1) Where Chesay)eakK lie wit in a
56 subdivision, the Prelininary plat shall, unles waived
57 by the Chesapeake Bay Preservation Area Review
58 Committee, delieate the boundaries of all Resource
59 Protection Areas, Resource Man
60 Developed Ar sposal drainfield
61 sites as reauired by Section 1(
62 Preservation Area Ordinance.
63 Sec. 6.3. Final plats and data.
2
64 The final subdivision plat shall be prepared by a certified
65 civil engineer or land surveyor in ink on an approved durable
66 tracing medium at a scale of 1" = lool unless a different scale is
67 approved by general rule for classes of cases or by the planning
68 director in a particular case. All original tracings shall be
69 presented between the following sizes: 81/2" x ill' and 1811 x 24".
70 Lettering shall be no less than one-tenth inch or 2.54 mm. in
71 height. Lettering and line weight shall be no less than .050
72 inches or .3302 mm. Letter and line spacing for control pencil
73 drawings shall be no less than .050 inches and for ink drawings no
74 less than .040 inches. When more than one sheet is required, all
75 sheets shall be numbered and of the same size, with match marks to
76 guide preparation if composite maps, and an index map on a sheet
77 of the same size as the sectional maps shall be filed, which shall
78 show, among other things, sectional map numbers, all lot and block
79 numbers, and street names. In addition, a small scale location
80 map showing the property shall be required. The final plat shall
81 show the following data, and shall be completed and processed as
82 indicated:
83 . . .
84 (t) Where
85 subdi
86 unnecessar b the chesa eake
87 Bay Preservatio w Committee or Previously
88 submitted in conlunction with Prel vision
89 review:
90 (1) A survey of environmental feature@s,
91 (2) A landscape plan,
92 (3) A stormwater management plan;
93 @nt cont 1 lan, and
94 (5) A water guality impact
95 bV Section 109 of the Chesapeake Bay Pre e-ation
96 Area Or inance.
3
97 The matp-rials s, (1) th all
e
98
99 Chesapeake Bay Preservation Area Ordinance.
100 (u) Every
all
101
[IS
102 state as follow IS SUBDIVISION
103 IS LOCATED IN A
BAY
104
105 PRESERVATION AREA ORDINANCE".
106 (v) EverV final plat of land
107 located in a
108 delineate the I n
109 Areas, Resource Management Areas, Intensel elO ed
110 Areas and reserve sewage disposal drainfield sit s as
ill recruired by Section 108 of the Chesapea Ba
112 -.e.
113 Adopted by the City Council of the city of Virginia
114 Beach, Virginia, on the 6 - d,y of November 1990.
115 CA-3779
116 \ordin\proposed\subbay.orn
117 R-4
4
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 2, 3, 4, 5 AND 7
3 OF THE SITE PLAN ORDINANCE
4 OF THE CITY OF VIRGINIA BEACH,PERTAINING TO
5 CHESAPEAKE BAY PRESERVATION AREAS
6 WHEREAS, the General Assembly has enacted the Chesapeake
7 Bay Preservation Act; and
8 WHEREAS, pursuant to the regulations promulgated
9 thereunder, most development within Chesapeake Bay Preservation
10 Areas is required to be accomplished through a plan of development
11 review process; and
12 WHEREAS, the City Council has adopted the Chesapeake Bay
13 Preservation Area ordinance; and
14 WHEREAS, it is necessary to amend certain sections of the
15 Site Plan ordinance of the City of Virginia Beach in order to
16 implement the provisions of the Chesapeake Bay Preservation Area
17 Ordinance;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20 That Sections 2, 3, 4, 5 and 7 of the Site Plan Ordinance
21 of the City of Virginia Beach be, and hereby are, amended and
22 reordained, and shall read as follows:
23 Sec. 2. Uses requiring site plan review.
24 2.1. After the effective date of this ordinance, the developer
25 of any parcel desiring to put it to use shall submit a site plan
26 to the city agent.
27 2.2. The following site uses, including additions, alterations
28 or changes in the following uses, shall require site plan review:
29 A. Any structure or improvement permitted by the zoning ordinance
30 as a principal or conditional use in any district, with the
31 following exceptions:
32 1. Agricultural uses, as defined in this ordinance.
3 3 2 single or two-family homes previously approved as a
34 subdivision in accordance with the subdivision ordinance
35 adopted June 22, 1970, and as amended.
36 B. condominiums. The sections of this ordinance which require
37 standard site improvements shall pertain to condominium
38 development.
39 C. Notwithstanding the provisions of subdivision A hereof, any
40 development or redevelopment having a construction foo int
41 exceeding 2,500 sauare feet in a Chesapeake Bay Prese ation
42
43 accordance with Section 1 eservation
44 Area ordinance. The terms "development". "re
45 "construction f on 103
46 of the Chesapeake Bay- ce.
47 Sec. 3. Procedures.
48 3.2. Procedure for site development plan approval:
49 . . .
50 D.3. For develolomen !ct to the lan of
51 development Process set foi esaneake
52 Bay Preservation Area Ordinance, there shall also be furnished
53 a certified check, bond, irrevocable lette other
54 surety satisfactory to the cit attorne in an amunt e al
55 to the estimated cost. includi terials of installation
56 of recruire(
57 Cost estimates shall be based upon the an of
58 develoioment and shall be subiect to the ani)
59 director o services. The terms I'developm nt" and
60 loredeveloipment" shall be in Section 103 f the
61 Chesapeake Bay Preservation Area Ordinance.
2
62 Sec. 4. Information required on site development plan.
63 4.1. Nine (9) copies of a site plan, prepared, stamped and
64 endorsed by a registered engineer, surveyor or other persons dUlY
65 licensed by the Commonwealth of Virginia to practice as such, shall
66 be submitted with every application for approval, and shall contain
67 the following information:
68 . . .
69 B. Existing and required site features and improvements:
70 . . .
71 9. Provision and schedule for the adequate control of erosion and
72 sedimentation shall be in accordance with
73
74 the City of Virginia BeaGh G)n N64'FAMbOr- Article III
75 of Chapter 30 of the Code of the City of Virginia Beach it
76 -78 .
77 10. Landscape design and land use buffer plan in accordance with
78 the design standards of the department of planning, as
79 approved by the council of the City of Virginia Beach, shall
80 be required. Where Chesapeake Bay Preservation Areas are
81 located on a site, landscaping design and buffer area plans
82 shall be in acc, ke Bay
83 Preservati ance.
84 . . .
85 13. For developmen uction
86 footprint exceeding 2,500 scruare feet ke Bav
87 Preservat
88
89 Committee, alsc all elements of the lan of
90 development as reauired aideajke rbav
91 Preservation Area OLdiln_an
92 "redevelopment" and "construction footurintif shall be as
93 defined ir f the Chesaipeake BaV Preservation Area
94 Ordinance.
95 14. Where reauired Chesapeake Bay
96 Preservation Area -ordinance, there shall also, t if
3
Area
97 waived as unnece
98 Review committee, I,. rvided wate-, alit im act
99
100 Sec. 5. Minimum standards and specifications.
101 . . .
102 5.13. Where installation of a septic tank is necessary,
103 and where the director of public health determines that the su]Dject
104 property should be neither approved nor disapproved for septic tank
105 installation, but instead approved subject to compliance with
106 criteria for septic tank installation in poorly drained soil, then
107 he shall require a land management plan consisting of a location
108 of proposed septic tank or tanks and a proposed drainage plan to
109 be submitted for his approval. Furthermore, he shall require
110 covenants providing for satisfactory construction, repair,
ill maintenance, and operation of the total system at the cost of the
112 landowner to be executed and recorded prior to the issuance of a
113 ]Duilding permit. For selptic tank systems to be located in
114 Chesapeake Bay Preservation Areas, that
115 the property an area sufficient to
116 eserve sal drainfield site h
117 aci1tcy e pr
118 lth of d of
119 Health Sewaae Handling and Di .hall also
120 reauire a coven ruction of any structure
121 or other imoervious surface uipon the area set aside for the rese-e
122 drainfield site ime as t e ro ert is served b the
123 Public sewer tem.
124 5.15. Pumping stations and other sewer collection
125 facilities shall be provided by the developer in accordance with
126 the standards of the department of public utilities in areas where
127 central or putlic sewer systems are available. Construction of
128 sewer collection facilities shall be in accordance with Se tion 112
129 of the Chesapeake BaV Preservation Area ordinance.
130 5.16. Underground utilities. Except as provided below,
131 transmission, distribution, and customer service utility facilities
4
132 carrying or used in connection with electric power, street lights,
13 3 telephone, telegraph, cable television, petroleum, gas or steam,
134 shall be placed below the surface of the ground. Exceptions are
135 as follows:
136 (a) Equipment such as electric distribution transformers,
137 switchgear, meter pedestals, telephone pedestals, meters,
138 service connections and the like normally installed
139 aboveground in accordance with accepted utility practices
140 for underground distribution.
141 (b) Temporary overhead facilities required for construction
142 purposes.
143 (c) High tension transmission lines, fifty thousand (50,000)
144 volts or more.
145 All installations shall be in accord with applicable codes and the
146 specifications of the department of public works, as approved by
147 the council of the City of Virginia Beach, and shall be in
148 accordance with charges as approved by the state corporation
149 commission.
150 (d) Consti
151 facilities mentioned in this subsection and located in ChesaDeak
152 BaN
153 of Section 112 of the Chesapeake Bay Preservation Area ordinance.
154 Sec. 7. Variances and appeals.
155 . . .
156 7.4 Notwithsta
157 variances and appeals arising from provisions of the
158 Bay Preservation Area Ordinance included or incordc
159 ordinance shall be in accordance with Section 114 or section 115
160 of the ChesaDea e Bay P as the c ma
161 be.
162 Adopted by the City Council of the City of Virginia
163 Beach, Virginia, on the 6 day of November 1990.
164 CA-3780
165 \ordin\proposed\sitebay.orn
166 R-5
5
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE STORMWATER MANAGEMENT ORDINANCE
3 OF THE CITY OF VIRGINIA BEACH, PERTAINING TO
4 STORMWATER MANAGEMENT REQUIREMENTS
5 IN CHESAPEAKE BAY PRESERVATION AREAS
6 WHEREAS, the City Council has adopted the Chesapeake Bay
7 Preservation Area Ordinance; and
8 WHEREAS, the said ordinance has special requirements
9 pertaining to stormwater management in Chesapeake Bay Preservation
10 Areas;
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
12 OF VIRGINIA BEACH, VIRGINIA:
13 That the Stormwater Management ordinance of the City of
14 Virginia Beach be, and hereby is, amended and reordained by the
15 addition of a new section, numbered Section 16, which shall read
16 as follows:
17 Sea. 16. Incorporation of Chesalpeake Bav Preservation Area
18 ordinance. The the Chesapeake Bay Pres
19 hereto are hereby adopted
20 d by reference as reauir n
21 ,hich the a 1 S..h roviion. shall
22 be deemed to be
23 of this ordinance except in cases of conflict, in which ev nt the
24 more restrictive Provision shall adr)lv.
25 Adopted by the City Council of the City of Virginia
26 Beach, Virginia, on the 6 day of November 1990.
27 WMM/dhh
28 06/04/90
29 CA-03782
30 \ordin\proposed\stormbay.orn
1 AN ORDINANCE TO AMEND AND REORDAIN THE
2 CODE OF THE CITY OF VIRGINIA BEACH BY
3 ADDING A SECTION NUMBERED 30-78,
4 PERTAINING TO EROSION AND
5 SEDIMENT CONTROL AND TREE PROTECTION
6 WHEREAS, the City Council has adopted the Chesapeake Bay
7 Preservation Area ordinance; and
8 WHEREAS, the said ordinance has special requirements
9 pertaining to erosion and sediment control in Chesapeake Bay
10 Preservation Areas;
11 NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
12 CITY OF VIRGINIA BEACH, VIRGINIA:
13 That there is hereby added to Article III of Chapter 30
14 of the Code of the City of Virginia Beach a new section, numbered
15 Section 30-78, which shall read as follows:
16 Sec 30-78.
17 ordinance. The 1provisions of the Chesapeake Bay Preservation Area
18 ordinance, and anv future amendments thereto, are her do ted
19 e as r e in
20 the areas of the city to which they apply. Such provisions shall
21 in lieu of, the provisions
22 of this article
23 more restrictive provision shal 1
24 Adopted by the City Council of the City of Virginia
25 Beach, Virginia, on the 6 day of Novetber 1990.
26 WMM/dhh
27 06/04/9 0
28 CA-03781
29 \ordin\proposed\esbay.orn
- 34 -
Item VI-I.a.3-
PUBLIC HEARING
PLANNING ITEM # 33676
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Article XXII,
Chapter 2, of the Code of the City of Virginia
Beach by ADDING Section 2-452.1 re creation of the
Chesapeake Bay Preservation Area Board.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Robert W. Clyburn, Vice Mayor Robert E.
Fentress, Harold Heischober, Louis R. Jones, Paul J.
Lanteigne, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
James W. Brazier, Jr.
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE XXII OF CHAPTER 2 OF THE
3 CODE OF THE CITY OF VIRGINIA BEACH
4 BY THE ADDITION OF A NEW SECTION 2-
5 452.1
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Article XXII of Chapter 2 of the Code of the City
9 of Virginia Beach be, and hereby is, amended and reordained by the
10 addition of a new Section 2-452.1, which shall read as follows:
11 Sec. 2-452.1. Chesapeake Bay Preservation Area ibioarda.
12 (a)
13 Preservation Area Board, which
14 conferred upon it by the provisions of the Chesapea Ba
15 Preservation Area Ordinance. Such Board shall consist of five
16 members and two alternates, who shall be appoin ed b the cit
17 council. for terms of five veare
is apipointments shall be made for such terms that the term of one
19 member will expire each year. Members and alternates ma se-e
20 for no more tha r terms in addition to an
21 initial term, if such initial term is less than five years, but a
22 member whose term expires shal.1 continue to serve until his
23 successor is aippointed and atialifies. Appointments to fill
24 ! unexpi
25 and alternates of the board shall be compensated in the mount of
26 Fifty Dollars r meeting attended and shall be
27 reimbursed for their necessar e. enses in dischar i. their
28 duties.
29 (b) The board shall elect from its membership a chair
30 and a vice-chair. The chair shall Preside at all meetinqs of the
3 1 t the of
32 n
33 for its procedures, consi e or the citv,
34 @ation, Sections 114 and 115 of the
35 s
36 of the Commonwealth.
37 Adopted by the City Council of the City of Virginia Beach,
38 Virginia, on the 6 day of November 1990.
39 CA-3925
40 \ordin\proposed\02-452-l.pro
41 R-1
2