AUGUST 8, 1995 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS, JR At Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BRANCH III, V,rg~ma Beach Borough
ROBERT K DEAN, Pnncess Anne Borough
W W HARRISON, JR Lynnhaven Borough
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY Pungo Borough
LOUIS R .[ONES Bays~de Borough
NANCY K PARKER, At Large
LOUISA VI STRAYHORN Kempsmlle Borough
]AMES K SPORE, C~ty Manager
LESLIE L LILLEY, C~ty Attorney
RUTH HODGES SMITH, CMC / AAE C~ty Clerk
CITY COUNCIL AGENDA
August 8, 1995
· ~ OUR N~x\O
281 CITY HALL BUILDING
MUNICIPAL CENTER
V~'RGINIA BEACH, VIRGINIA 23456 9005
(804) 427 4303
I ·
CITY MANAGER'S BRIEFINGS
- Conference Room -
A·
ARCHITECTURAL and ENGINEERING PROCUREMENT POLICY
John Herzke, City Engineer
11:30 AM
II.
AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
A·
Be
CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
1:00 PM
IV.
FORMAL SESSION
- Council Chamber -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
2:00 PM
B. INVOCATION:
Reverend Ted James
First Baptist Church of Virginia Beach
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 and Formal Sessions - August 1, 1995
i
G. ADOPT AGENDA FOR FORMAL SESSION
Ho
CONSENT AGENDA
The Consent Agenda will be determined during the AGENDa4 REVIEW Session and
considered in the ordinary course of business by City Council to be enacted by
one motion.
I ·
MAYOR'S PRESENTATION
I ·
AWARD OF FINANCIAL REPORTING ACHIEVEMENT - Government Finance
Officers Association of the United States and Canada
Patricia A. Phillips, Director, Finance
J. PUBLIC HEARING
1. ELECTION DISTRICTS AND VOTING PLACES
K. ORDINANCES/RESOLUTIONS
i ·
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·
.
·
·
·
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Ordinance to AMEND and REORDAIN Section 10-1 of the Code of
the City of Virginia Beach re Election Districts and Voting
Places.
Ordinance to AMEND and REORDAIN Sections 21-364, 21-371,
21-405 and 21-440.9; and, DELETE Section 21-404 of the Code of
the City of Virginia Beach re parking violations.
Ordinance to ACCEPT and APPROPRIATE a 875,000 Grant from the
Virginia Department of Transportation (VDOT) to the Department
of General Services FY 1995-1996 Operating Budget re
alternative fuels project.
Ordinance to TRANSFER $35,000 from the General Fund Reserve
for Contingencies to the City Attorney's FY 1995-1996
Operating Budget to enable the City to engage the services of
an Election Data Specialist re the reapportionment process.
Authorize cash payment in lieu of park dedication from
Larkspur Farms, as consistent with the 21 February 1995 City
Council approved Policy for Cash Payments in Lieu of Open
Space Dedications of less than one acre.
Resolutions re issuance of Virginia Beach Development
Authority's multi-family rental housing revenue bonds:
a. Sunstates House, L.P. Not to exceed $7,300,000
be
National Housing and Not to exceed $3,500,000
Health Care Trust, Inc.
Deferred:
July 11, 1995
Resolution to authorize the City Manager to initiate the
Procurement Process for the remaining portions of the Lake
Gaston Water Supply Project.
Resolution to establish Virginia Beach Community Criminal
Justice Board.
9. CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Ocean Front Limousine
Deferred:
July 11, 1995
August 1, 1995
Yellow Cab of Virginia Beach, Inc.
Beach Taxi, Inc.
10. Authorize Tax Refunds in the amount of $2,222.71.
L. PUBLIC HEARING - PLANNING
3:00 PM
PLANNING BY CONSENT - To be determined during the AGENDA REVIEW Session
i ·
RECONSIDERATION OF CONDITIONS in the 19 January 1981 approved
Application of DAVID EXUM for a Change of Zoning District
Classification from AG-~ Agricultural District to B-1 Business
Residential District at 2624 Princess Anne Road, containing
0.410 acre (PRINCESS ANNE BOROUGH).
Recommendation
APPROVAL
·
RECONSIDERATION: 27 June 1995 approved Application of
TIDEWATER WESTMINSTER HOMES, INC., for a Gonditional Use
~_~ for a home for the aged at the Southwest corner of
Shore Drive and Sunstates Court, containing 1.891 acres
(LYNNHAVEN BOROUGH).
·
Application of QUINTON J. FERGUSON for an enlargement of a
non-conforming use at 5321 Northampton Boulevard, containing
4.78 acres (BAYSIDE BOROUGH).
Staff Recommendation:
NO ACTION NECESSARY
·
Petition of George Pitsilides, Trustee of the Pitsilides Land
Trust for discontinuance, closure and abandonment of portions
of the following parcels, containing 0.531 acre
(LYNNHAVEN BOROUGH):
Kl~en Street: Beginning at the Northwest intersection of
Kleen Street and Page Avenue and running in a
Northerly direction a distance of 160.49 feet.
Ocean Avenue: Beginning at a point 190 feet more or less
Northwest of the intersection of Kleen Street
and Page Avenue and running in an Easterly
direction a distance of 215 feet more or less.
Recommendation:
APPROVAL
·
Application of BAYVILLE FARMS ASSOCIATES, L.C., for a Variance
to Section 4.4(d) of the Subdivision Ordinance which requires
all lots created by subdivision have direct access to a public
street re construction of a new residence at the Northern
extremity of Spring House Trail (BAYSIDE BOROUGH).
Recommendation: APPROVAL
·
Application of THE LITTLE THEATER OF VIRGINIA BEACH for a
Conditional Use Permit for facilities for the production of
live theater and allied 9urgoses including education in the
theater arts at the Northeast corner of Barberton Street and
23rd Street (540-542 Barberton Drive), containing 9,063 square
feet (VIRGINIA BEACH BOROUGH).
Recommendation:
APPROVAL
0
Application of TENCH H. PHILLIPS, JR., for a Conditional Use
~ for motor vehicle sales at the Southeast corner of
Virginia Beach Boulevard and Opal Avenue (4949 Virginia Beach
Boulevard), containing 6.6 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
e
Application of VIRGINIA BEACH SOCCER JOINT TASK FORCE for a
ConOitional Use Permit for a recreational facility of an
outdoor nature (soccer complex) at the Southern terminus of
Recreation Drive, containing 73 acres more or less
(PRINCESS ANNE and KEMPSVILLE BOROUGHS).
Recommendation:
APPROVAL
·
Application of HERBERT E. and EVELYN K. DUGRO0 for a
Conditional Change of Zoning District Classification from R-20
Residential District to 0-1 Office District on the East side
of General Booth Boulevard, 250 feet more or less South of
Ferrell Parkway, containing 1 acre (PRINCESS ANNE BOROUGH).
Recommendation:
10. Application of THOMAS R. GIROUX (British-European Antique
Imports, Ltd.) for a Chang~ of Zoning District Classification
from I-1 Liaht Industrial District to Gonditional B-2
Community Business District on the South side of Dean Drive,
--
East of Lynnhaven Parkway (2645 Dean Drive), containing
2.450 acres (LYNNHAVEN BOROUGH).
Deferred:
July 11, 1995
Recommendation:
APPROVAL
11. Applications of SEELAKE ASSOCIATES, a Virginia General
Partnership, at 341 Edwin Drive (KEMPSVILLE BOROUGH):
~ to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision meet all requirements
of the City Zoning Ordinance re side yard setback.
Chanae of Zonin~ District Classification from 0-2 Office
District to 0-1 Office District on the West side of Edwin
Drive, South of Expressway Drive, containing 1.47 acres.
Recommendation:
APPROVE BOTH APPLICATIONS
12. Application of DALE CULVER HENNING for a Change of Zoning
District Classification from AG-2 A~ricultural District to
R-20 Residential District on the North side of Culver Lane,
462.91 feet West of Mulholland Drive (1160 Culver Land),
containing 1 acre (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
M. APPOINTMENTS
ADVERTISING AGENCY SELECTION COMMITTEE
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
WETLANDS BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
N. UNFINISHED BUSINESS
O. NEW BUSINESS
P. ADJOURNMENT
* * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
· · * . · , · · . ·
08/03/95CMD
AGENDA\08-08-95. PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 8, 1995
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, August 8,
1995, at 11:30 PM.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold
Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy IC Parker, and Louisa M. Strayhorn
Council Members Absent:
Vice Mayor William D. Sessoms, Jr. [FAMILY VACATION]
William W. Harrison, Jr. [ENTERED: 12:05 P.M.]
-2-
CITY MAN,4GER'S BRIEFING
ARCHITECTURAL AND ENGINEEI~NG PROCUREMENT POLICY
11:30 A.M.
ITEM # 39568
John Herzke, City Engineer, advised the Architectural and Engineering Procurement Policy adopted in
1983 has been a very accepted procedure. In reviewing a sampling of projects in Public Works for a two-
year period from 1993 thru 1995, the City staff was averaging approximately 71 days from posting a
Request for Proposal until selection ora firm. Another 60 days was entailed in negotiating of the contract
before execution. Therefore one of the goals in establishing a new policy was to reduce this time period.
The current process requires the selection and final approval of contracts by the City Manager. During
the process team's development of the proposed policy revisions, concerns were expressed regarding price
considerations during selections. The present procedure, which is in accordance with state requirements
for procurement of professional services, provides for contract negotiations after Architectural and
Engineering selection. Negotiations are undertaken with the selected firm and, if unsuccessful, the
negotiations with that firm are terminated and prohibited from being reopened. The process then
commences with the second ranked firm. The solicitation of competitive bids for ,4 & E services is not
permitted by State Code. However, there is provision within the state and local codes permitting the
submittal of "non-binding" cost estimates by the competing firms. Localities that have exercised the
option to request "non-binding" cost estimates have recognized that such preliminary estimates are
generally of little value because the detailed scope of the most significant design projects was not fully
established until after the interview and selection of the most qualified firm. The Navy and U.S. Corps
of Engineers specifically exclude non-binding cost estimates.
Comparisons with other agencies (i.e., Old Dominion University and School Administration) appear, on
the surface, to indicate lower design costs than those experienced by the City. Further research; however,
revealed that the contract 'fees"for the two ODU projects reflect "basic" design costs only (expressed
as a percentage of estimated construction costs) of 5.57% for their TeleTchNet Center and 6.9% for their
Child Study Center. The Public Works' design contracts for the past three years (1992-1995 to date) have
an average "basic" design fee of approximately 7.30%. Further examination of the two ODU projects
revealed additional design services of 5.04% for thetr TeleTchNet Center for an overall design fee of
10.61% and likewise, additional costs for thetr Child Study Center, wtth an overall design fee of 7.73%.
These fees are comparable to the fees for projects accomplished by the City. The fees for renovations of
the City's three court buildings, work similar in nature to the ODU Child Study Center renovations,
totaled between 6.10% and 7.50% of construction costs, comparing very favorably to the total fees of
both for the ODU projects. Design fees appear to be lower for school projects. However, there are factors
which need to be examined. The programming efforts associated with the architectural services for school
facilities are relatively consistent from one facility to the next. This is due to predetermined facility needs
established by state and local school requirements. Based on discussions with the School Facilities
Administrator, "basic" design fees for Ocean Lakes High School are 4.34%, and when additional design
services essential to complete the project are considered, the design fee will be 5.23% of the construction
costs. In addition, costs associated with employment of a "Clerk Of The Works" are not included within
their construction phase of the School's A & E design contracts; however, Public Works includes such
service as part of the A & E's scope of services and fees. Another example is the fees for
additions/renovations to B.F. Williams and John B. Dey Elementary Schools. The "basic" design fee
for those schools was 5.75% of the construction cost but, when the "additional design services" fees are
included, the total fee will be 7.21% of the construction cost, which is comparable to the fees of 6.10%
to 7.50% for the C~ty's court renovation projects and the overall average fees for the past two and one
half years (7.300/0).
The proposed Administrative Directive for the procurement of,4 & E services has been developed by a
team from the Departments of Public Works, Pubhc Utilities and Finance. This Directive is hereby made
a part of the record. This proposed ,4dministrative Directive provides a streamlined procedure, which is
consistent with the 1983 policy adopted by City Council, while enhancing the process, reducing processing
time, and satisfying appropriate legal requirements. The main revision in the review and final approval
of these ,4 & E selections and contract negotiations will be accomplished by the City Purchasing Agent
in the form of a third party review, and will no longer involve the City Manager's Office in the routing
process. Notification of all A & E selections and contract awards will still be provided to the City
Manager and City Council. This revised process will be similar to the process used to award construction
contracts.
August 8, 1995
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CITY MANAGER'S BRIEFING
ARCHITECTURAL AND ENGINEERING PROCUREMENT POLICY
ITEM # 39568 (Continued)
This Administrative Directive, coupled with internal procedural improvements within Public Works and
Public Utilities, is expected to achieve not only the highest caliber of professional services to
appropriately match the applicable project, but also accomplish the process in reduced time. The total
will be to use a qualification-based selection method for cost-effective design services.
,4ll RFP'S will be advertised in a local newspaper a minimum of ten days prior to the selection. ,4 copy
of the RFP shall be forwarded to the Purchasing Division for posting on the City's bid board, and to the
Tidewater Regional Minority Purchasing Council. The City also does a direct mading of all RFP's to
firms on the City's mailing list.
The criteria to be considered for evaluation and selection shall be as follows.
1. Professional qualifications of the staff or design team to be
assigned to the project.
2. The extent of specialized experience of the firm in the type of
work required.
3. The capacity of the firm to accomplish the work in the required
time.
The degree of familiarity of the firm with the particular
project's' requirements, and the conceptual approach proposed
by the firm to address these requirements.
5. The quality of the past performance of the firm on similar
projects in general and City projects in particular.
6. Experience and qualifications of any consultants to be used by
the architect and engineer.
7. Evidence of cost control effectiveness.
8. Current work volume of the firm that could affect the ability of
the firm to complete the work in the requtred ttme frame.
9. Accessibility of the project team to the project site.
Currently the average time frame for Public Works projects in the ,4 & E Selection entails 131 to 161
days. With the proposed ,4 & E Selection process, the total average time would be reduced to 84 to 114
days.
Concern was expressed relative final approval not being required by the City Manager. ,4 licensed
architect has been hired in Public Works to supervise the building program. ,4 contingency fund is being
established in the Capital Improvement Program for change orders.
Information relative percentage of change orders in regard to projects will be provided.
Resolution relative the Policy will be SCHEDULED for the City Council Session of August 22, 1995.
,4ugust 8, 1995
-4-
AGENDA
REVIEW
12:35 P.M.
SESION
ITEM # 39569
Council Lady Parker and Councilman Harrison referenced:
I~2 Ordinance to AMEND and REORDAIN Sections 21-364, 21-
371, 21-405 and 21-440.9; and, DELETE Section 21-404 of
the Code of the City of Virginia Beach re parking violations
Henry Ruiz, Director - Parking Systems Management, advised the parla'ng on 23rd Street and 24th Street
has been designated as "angle parking". The marla'ngs may have eradicated over time and perhaps need
to be readdressed, but those streets were designated as "angle parking ". This situation will be corrected.
Councilman Harrison expressed concern relative the Code Section pertaining to ticketing vehicle parked
on a public street with a "for sale" sign, which is in violation of Section 21-365.
Councilman Harrison advised relative Rudee Loop, surfing is permitted at all hours next to the Inlet. The
surfers surf until dark, which is after 8. O0 P.M. With the meter parking, right across the street, the vehicle
must be moved right after 8:00 P.M. Individuals are receiving tickets at 8:04 P.M. Councilman Harrison
requested the hours be increased to 9:00 P.M. The City Manager advised the limitation was due to
complaints relative inchviduals congregating in this vicinity.
Mr. Ruiz advised City Parla'ng at the Fourth Street Parking Lot after closure is FREE. This lot is not
locked. This parla'ng facility was renovated approximately one month ago.
This item will be clarified during the Formal Session.
ITEM # 3957O
Council Members Baum, Dean and Henley inquired relative.
K. 3 Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant
from the Virginia Department of Transportation (VDOT) to the
Department of General Services FY 1995-1996 Operating
Budget re alternative fuels project.
The City Manager advised hopefully if this pilot procedure is satisfactory, many of the vehicles in the fleet
will be converted. Virginia Code Section 46.2-1179.1 authorizes' the State Air Pollution Control Board
to adopt, by regulation, alternative fuel fleet standards consistent with provisions of the Federal Clean
Air Act for model years beginning with 1998 for Northern Virginia, greater Richmond and Hampton
Roads.
August 8, 1995
-5-
AGENDA RE VIEW SESION
ITEM # 39571
Councilman Harrison referenced:
IC4 Ordinance to TRANSFER $35,000 from the General Fund
Reserve for Contingencies to the City Attorney's FY 1995-1996
Operating Budget to enable the City to engage the services of
an Election Data Specialist re the reapportionment process.
The City Attorney advised the firm utilized since 1992 specializes in National and City electoral plans.
The City Attorney will provide a letter affirming they do not represent any indiwdual or entity in the City
of Virginia Beach.
ITEM # 39572
Councilman Dean referenced:
K. 5 Authorize cash payment in lieu of park dedication from
Larkspur Farms, as consistent with the 21 February 1995 City
Council approved Policy for Cash Payments in Lieu of Open
Space Dedications of less than one acre.
Councilman Dean advised the Real Estate Assessor had determined the property was valued at $19,985
per acre. The City will receive $10,392 for the .52 acre dedication. Councilman Dean advised lots in the
adjacent area were selling for $42,000 per lot The City Manager advised this is the unimproved cost.
ITEM # 39573
Councilman Dean inquired relative:
K. 7 Resolution to authorize the City Manager to initiate the
Procurement Process for the remaining portions of the Lake
Gaston Water Supply Project
The City Manager advised re Lake Gaston, the cost of bidding, evaluating and awarding the construction
contracts is approximately $100,000.
August 8, 1995
-6-
AGENDA RE VIEW SESION
ITEM # $9574
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
RES OL UTION/ ORDINANCES
ICI
Ordinance to AMEND and REORD~N Section 10-1 of the
Code of the City of Virginia Beach re Election Districts and
Voting Places:
a. Ocean Lakes Precinct to be split and create Culver Precinct
b. Bellamy and Glenwood Precincts to be split and create
Rosemont Forest Precinct
Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant
from the Virginia Department of Transportation (VDOT) to the
Department of General Services FY 1995-1996 Operating
Budget re alternative fuels project
~4
Ordinance to TRANSFER $35,000 from the General Fund
Reserve for Contingencies to the City Attorney's FY 1995-1996
Operating Budget to enable the City to engage the services of
an Election Data Specialist re the reapportionment process.
K. 5
Authorize cash payment in lieu of park dedication from
Larkspur Farms, as consistent with the 21 February 1995 City
Council approved Policy for Cash Payments in Lieu of Open
Space Dedications of less than one acre
~6 Resolutions re issuance of Virginia Beach Development
Authority's multi-family rental housing revenue bonds:
*a. Sunstates House, L.P.
Not to exceed $7,300,000
*b. National Housing and
Health Care Trust, Inc.
Not to exceed $3,500,000
K. 7
Resolution to authorize the City Manager to initiate the
Procurement Process for the remaining Portions of the Lake
Gaston Water Supply Project.
I~8 Resolution to establish Virginia Beach Community Criminal
Justice Board.
K. 9 CERTIFICATES OF PUBLIC CONVENIENCE AND
NECESSITY:
*a. Ocean Front Limousine
b. Yellow Cab of Virginia Beach, Inc.
c. Beach Taxi, Inc.
KIO Authorize Tax Refunds in the amount of $2,222.71.
*Item 6. a. will be DEFERRED to August 22, 19995 BY CONSENT.
*Item 6. b. will be WITHDRAWN BY CONSENT.
*Item 9. a. will be DEFERRED to August 22, 1995 BY CONSENT.
August 8, 1995
-7-
AGENDA RE VIEW SESION
ITEM # 39575
Council Lady Henley expressed concern relative:
L. 1 RECONSIDERATION OF CONDITIONS in the 19 January
1981 approved Application of DAVID EXUM for a Change of
Zoning District Classification from AG-2 Agricultural District
to B-1 Business Residential District at 2624 Princess Anne
Road, containing 0. 410 acre (PRINCESS ANNE BOROUGH).
This item has been utilized for commercial since 1981. Council Lady Henley inquired as to the reason
reconsideration of the conditions was just now being requested. This item will be discussed during the
Formal Session.
ITEM # 39576
Councilman Harrison requested the City Attorney provide a ruling as to the appropriateness of legal
issues relative this item.
L. 4 Petition of George Pitsilides, Trustee of the Pitsilides Land
Trust for discontinuance, closure and abandonment of portions
of the following parcels, containing 0.531 acre
(L YNNHA VEN BOROUGH).
Kleen Street:
Beginning at the Northwest
intersection of Kleen Street and
Page Avenue and running in a
Northerly direction a distance of
160. 49 feet.
Ocean Avenue:
Beginning at a point 190 feet
more or less Northwest of the
tntersection of Kleen Street and
Page Avenue and running in an
Easterly direction a distance of
215 feet more or less.
ITEM # 39577
Council Lady Henley expressed concern relative the size of the lot regarding:
L. 5. Application of BAYIqLLE FARMS ASSOCIATES, L.C., for
a Variance to Section 4.4(d) of the Subdivision Ordinance
which requires all lots created by subdivision have direct
access to a public street re construction of a new residence at
the Northern extremity of Spring House Trail
(BA YSIDE BOROUGH).
August 8, 1995
-8-
AGENDA RE VIEW SESION
ITEM it 39578
Councilman Dean had several questions relative the following and needed to understand staffs position:
L. 8.
Application of VIRGINIA BEACH SOCCER JOINT TASK
FORCE for a Conditional Use Permit for a recreational facili~_
of an outdoor nature (soccer complex) at the Southern terminus
of Recreation Drive, containing 73 acres more or less
(PRINCESS ANNE and KEMPSVILLE BOROUGHS).
Application of HERBERT E. and EVELYN K. DUGRO0 for
a Conditional Change of Zoning District Classification from R-
20 Residential Dtstrict to 0-1 Office District on the East side
of General Booth Boulevard, 250 feet more or less South of
Ferrell Parkway, containing 1 acre (PRINCESS ANNE
BOROUGH).
ITEM # 39579
BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT
AGENDA:
L.2o
RECONSIDERATION: 27 June 1995 approved Application
of TIDEWATER WESTMINSTER HOMES, INC., for a
Conditional Use Permit for a home for the aged at the
Southwest corner of Shore Drive and Sunstates Court,
containing 1.891 acres (LYNNHAVEN BOROUGH).
L. 3.
Application of QUINTON J. FERGUSON for an enlargement
of a non-conforming use at 5321 Northampton Boulevard,
containing 4. 78 acres (BAYSIDE BOROUGH).
L. 6.
Application of THE LITTLE THEATER OF VIRGINIA
BEACH for a Conditional Use Permit for facilities for the
production of live theater and allied purposes including
education in the theater arts at the Northeast corner of
Barberton Street and 23rd Street (540-542 Barberton Drive),
containing 9,063 square feet (VIRGINIA BEACH BOROUGH).
L. 7.
Application of TENCH H. PHILLIPS, JR., for a Conditional
Use Permit for motor vehicle sales at the Southeast corner of
Virginia Beach Boulevard and Opal Avenue (4949 Virginia
Beach Boulevard), contatning 6.6 acres (BAYSIDE
BOROUGH).
LIO
Application of THOMAS R. GIROUX (British-European
Antique Imports, Ltd.)for a Change of Zoning District
Classification from 1-1 Light Industrial District to Conditional
B-2 Community Business District on the South side of Dean
Drive, East of Lynnhaven Parkway (2645 Dean Drive),
containing 2 450 acres (LYNNHAVEN BOROUGH).
August 8, 1995
-9-
AGENDA RE VIEW SESION
ITEM # 39579 (Continued)
Lll Applications of SEELAKE ASSOCIATES, a Virginia General
Partnership, at 341 Edwin Drive (KEMPSFILLE BOROUGH):
Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision meet all requirements
of the City Zoning Ordinance re side yard setback.
Change o_f Zoning District Classification from 0-2 Office
District to 0-1 Office District on the West side of Edwin Drive,
South of Expressway Drive, containing 1.47 acres.
L12
Application of DALE CULl/ER HENNING for a Change of
Zoning District Classification from AG-2 Agricultural District
to R-20 Residential District on the North side of Culver Lane,
462.91 feet West of Mulholland Drive (1160 Culver Land),
containing 1 acre (PRINCESS ANNE BOROUGH)
Item L. 2 will be DEFERRED to August 22, 1995, BY CONSENT.
Item L. 3. will be WITHDRAWN BY CONSENT.
Item L. IO will be DEFERRED to September 12, 1995 BY CONSENT.
ITEM # 39580
Due to the Vice Mayor's absence, APPOINTMENTS shall be RESCHEDULED.
August 8, 1995
- 10 -
COUNCIL CONCERNS
1:08 P.M.
ITEM # 39581
Councilman Dean requested information relative the status of swimming pools in the City's Recreation
Centers. The City Manager advised information will be forwarded to City Council of an analysis of the
bids for repairs. These bids exceed the esttmates. A presentation is SCHEDULED for the City Council's
Executive Session August 22, 1995. This item will also be SCHEDULED for City Council's vote during
the Formal Session.
ITEM # 39582
Councilman Dean understood a bid was due back to the City on August Sixteenth with a contract effective
date of September 1, 1995, with New England CRINC (Mount Trashmore II). Councilman Dean has been
informed the City is engaging in flow control situations. Before btds are accepted, Councilman Dean
wouM like a Staff presentation.
Mayor Oberndorf referenced correspondence in the City Council's agenda concerning New England
CR/NC based on a more favorable cost.
The City Manager advised review by the City Attorney and staff believed significant funds would be saved.
Councilman Dean believed the contract should be renegotiated for the recyclables.
A presentation concerning the RECYCLING CONTRACT BID PROCESS shall be presented during the
City Council Workshop on August 15, 1995.
ITEM # 39583
Mayor Oberndorf advised she will not be in attendance during the City Council Workshop of August 15,
1995, as she will be leading a delegation of Virginia Beach citizens to Moss, Norway (The City's Sister
City) to celerate their 275th Anniversary.
August 8, 1995
- 11 -
ITEM # 39584
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, August 8, 1995, at 1:15 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa M. Strayhorn
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 12 -
ITEM # 39585
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose.
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
City Attorney's Office
LEGAL MATTERS. Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To- Wit:
Apphcation of George Pitsilides - Agenda Item L 4.
Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Counctl voted to
proceed into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 13 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
August 8, 1995
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, August 8, 1995, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndoff, Nancy K. Parker and Louisa M. Strayhorn
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
[FAMILY VA CA TION]
INVOCATION: The City Clerk
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
August 8, 1995
- 14 -
Item IV-E.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39586
Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting .,lye:
John A Baum, Linwood O. Branch, III, Robert K. Dean, William IV..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
Beso u on
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 39585 Page No. 11 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law wcrc discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
[~t~h Hodges Sn~th, CMC/AAE
City Clerk
August 8, 1995
- 15 -
Item IV-E1.
MINUTES
ITEM # 39587
Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSION of August 1, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IL Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy 14. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 16 -
Item 1V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39588
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
August 8, 1995
-17-
Item IV-I. 1.
MA YOR 'S PRESENTATION
ITEM # 39589
Mayor Oberndorf PRESENTED:
AWARD OF FINANCIAL REPORTING ACHIEVEMENT
Patricia A. Phillips
Director, Finance
Mrs. Phillips ACCEPTED the Award of Financial Reporting Achievement and recognized Robert Hayes,
Comptroller, Don Barnett, Assistant Comptroller, for their unselfish dedication. This Award is the highest
form of recognition in governmental accounting and financial reporting, and its attainment represents
significant accomplishment by a government and its management.
August 8, 1995
- 18 -
Item IV-I. 2.
MA YOR 'S PRESENTATION
ITEM tt 39590
Mayor introduced Luis Gonzalez, Director of Traffic Division, Ministry of Transportation, Public Works
in San Jose, Costa Rica.
Mr. Gonzalez accompanied by Colonel Morales was visiting the City to ACCEPT the gift of Traffic
Signals from the City of Virginia Beach.
Mr. Gonzales extended a warm greeting and sincere thanks from the President and Minister of
Transportation and Public Works of Costa Rica.
August 8, 1995
- 19 -
Item IV-J. 1.
PUBLIC HEARING
ITEM# 39591
Mayor Oberndorf DECLARED A PUBLIC HEARING:
ELECTION DISTRICTS AND VOTING PLACES
There being no speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
August 8, 1995
- 20 -
Item IV-IC
CONSENT AGENDA
ITEM # 39592
ORDINANCES/RESOL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED in one
motion Items, 1, 3, 4, 5, 6 a, 6b., 7, 8, 9a., 9b., 9c. and 10 of the CONSENT AGENDA.
Item IV-K. 6a. was DEFERRED until the City Council Session of August 22, 1995.
Item IV-K. 6b. was WITHDRAWN.
Item IV-K. 9a. was DEFERRED unttl the City Council Session of September 5, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 21 -
Item IV-K 1.
CONSENT ,4 GENDA
ITEM # 39593
ORDINANCES/RESOLUTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 10-1 of the Code of the
City of Virginia Beach re Election Districts and Voting Places:
1. Ocean Lakes Precinct to be split and create Culver Precinct
2. Bellamy and Glenwood Precincts to be split and create
Rosemont Forest Precinct
Voting:
10-0 (By Consent)
Council Members Voting ,4ye:
John `4. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf. Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
Vice Mayor William D. Sessorns, Jr.
August 8, 1995
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 10-1 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO ELECTION DISTRICTS AND
VOTING PLACES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Sec. 10-1. Establishment of election districts and voting places.
There are hereby established in the city the following
election districts and their respective voting places, as set forth
below:
Election District
Alanton
Aragona
Arrowhead
Baker
Bayside
Bellamy
Blackwater
Bonney
Brandon
Cape Henry
Capps Shop
Centerville
Chesapeake Beach
College Park
Courthouse
Creeds
Culver
Davis Corner
Fairfield
Forest
Glenwood
Voting Place
Alanton Elementary School
Bayside Middle School Grade 6
Arrowhead Elementary School
Heritage United Methodist Church
Bayside Elementary School
Indian Lakes Elementary School
Blackwater Fire Station
Center for Effective Learning
Brandon Middle School
Research and Enlightenment Building
(Edgar Cayce Library)
P.A. Mosquito Control Building
Centerville Elementary School
Bayside Baptist Church
College Park Elementary School
Courthouse Fire Station
Creeds Fire Station
Ocean Lakes High School
Bettie F. Williams Elementary
School
Fairfield Elementary School
Kings Grant Elementary School
Glenwood Elementary School
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Great Neck
Green Run
Holland
Homestead
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
Malibu
Meadows
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Oceana
Old Donation
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Salem
Seatack
Shannon
Sherry Park
Sigma
South Beach
Francis Asbury United Methodist
Church
Green Run Elementary School
Holland Elementary School
Providence Presbyterian Church
St. Nicholas Catholic Church
Kingston Elementary School
Shelton Park Elementary School
Landstown Community Church
St. Andrews United Methodist Church
The Evangelical Lutheran Church of
the Good Shepherd
St. Aidan's Episcopal Church
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Pembroke Meadows Elementary School
Windsor Woods Elementary School
Galilee Episcopal Church
Ocean Lakes Elementary School
Bayside Christian Church
Scott Memorial United Methodist
Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
Point O'View Elementary School
Kempsville Recreation Center
Fire Training Center
Rosemont Forest Elementary School
Salem Baptist Church
Seatack Elementary School
Church of the Ascension
St. Matthews Catholic Church
Tabernacle United Methodist Church
Virginia Beach Center for the Arts
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Stratford Chase
Thalia
Thoroughgood
Timberlake
Trantwood
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Election
District
Providence Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Eastern Shore Chapel
Avalon Church of Christ
Agriculture/Voter Registrar
Building
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These changes will become effective following their
approval by the U. S. Department of Justice pursuant to the Voting
Rights Act of 1965, as amended.
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this
Adopted by the City Council of the City of Virginia Beach on
8
day of Au§ust 1995.
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CA-6037
DATA/ORDIN/PROPOSED/10-1. ORD
JULY 17, 1995
R-2
APPROVED AS TO CONTENT
Voter Registrar
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
- 22 -
Item IV- I~ 2.
ITEM # 39594
ORDINANCES/RESOL UTIONS
Upon motion by Councilman Harrison, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 21-364, 21-371,
21-405 and 21-440.9; and, DELETE Section 21-404 of the Code of the
City of Virginia Beach re parking violations.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 21-364, 21-371, 21-405, AND
21-440.9, AND TO DELETE SECTION 21-
404 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA PERTAINING
TO PARKING VIOLATIONS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Code of the City of Virginia Beach is hereby amended
and reordained to read as follows:
Sec. 21-364. General parking prohibitions: Denalties for violation.
(a) No person shall park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic-control device, in any of
the following places:
(1) Within fifteen (15) feet of a fire hydrant.
(2) Within any designated fire lane.
(3) At any place so as to block any fire department
connection.
(4) Within fifteen (15) feet of the driveway entrance to any
fire station and, on the side of a street opposite the
entrance to any fire station, within seventy-five (75)
feet of the entrance, when properly signposted.
(5) Within fifteen (15) feet of the entrance to a building
housing rescue squad equipment or ambulances, provided
such buildings are plainly designated.
(6) In front of a public or private driveway.
(7) Within an intersection.
(8) On the roadway side of any vehicle parked at the edge or
curb of a street (double parking).
(9) Upon any bridge or other elevated structure upon a street
or highway or within a tunnel.
(10) On the left-hand side of roadway of a two-way street.
(11) At any place so as to impede or render dangerous the use
of any street or highway.
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(11 At any place, angle parked or perpendicular to a curb,
unless street markings permit.
(12) On any street or highway or any city parking lot,
displaying a sign or lettering indicating that the
vehicle is offered for sale or rent.
(c) No person shall park on any street or highway, or on any
city parking lot, any vehicle which fails to display one or more of
the following:
(1) A valid local vehicle license decal as required by
section 21-72.
(2) A valid state vehicle safety inspection decal.
(3) Valid state license plates.
~ (d) When a notice or citation is attached to a vehicle
found parked in violation of any provision of this section, the
owner of the vehicle may, within fourteen (14) calendar days
thereafter, pay to the city treasurer, in satisfaction of such
violation, a penalty of fifteen dollars (15.00), for a violation of
any provision of subsection (a) or (c), or ten dollars (10.00) for
a violation of any provision of subsection (b), for each hour or
fraction thereof during which such vehicle was unlawfully parked.
Such payment shall constitute a plea of guilty of the violation in
question. If such payment is not postmarked or received by the city
treasurer within fourteen (14) calendar days after receipt of such
notice or citation, the penalty shall be thirty dollars ($30.00)
for a violation of any provision of subsection (a) or (c) of this
section and twenty dollars ($20.00) for a violation of any
provision of subsection (b) of this section.
~-b~e) The failure of any owner to make payment in accord
with subsection (c) above or present the notice or citation for a
violation of this section at an office of the city treasurer for
certification to the general district court, within thirty (30)
days shall render such .......... ~~ ~ .... ~ --~~
, owner, ~ ................................ ,
subject to a fine of not more than fifty dollars ($50.00), in
addition to the penalty prescribed by subsection (d).
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Sec. 21-371. Parking in space reserved for persons with
disabilities.
(a) It shall be unlawful for any person to park any vehicle in
a parking space reserved for persons with disabilities which limit
or impair their ability to walk, unless such vehicle is displaying
disabled parking license plates, an organizational removable
windshield placard, a permanent removable windshield placard or a
temporary removable windshield placard issued under Code of
Virginia, section 46.2-731; or DV disabled license plates issued
under Code of Virginia, section 46.2-739, subsection B. Spaces
reserved for persons with disabilities shall be identified by above
grade signs in accordance with the provisions of Code of Virginia,
section 36-99.10. The words, ''Minimum penalty for violation $50.00
($100.00),'' may be posted on an accompanying sign.
(b) It shall be unlawful for any person without a disability
which limits or impairs his or her ability to walk to park a
vehicle with disabled parking license plates, an organizational
removable windshield placard, a permanent removable windshield
placard or a temporary removal windshield placards in any parking
space reserved for persons with disabilities which limit or impair
their ability to walk, except when transporting such a disabled
person in the vehicle.
~ (c) Any operator of a motor vehicle parked in violation
of this section in a parking space reserved for disabled persons on
public property or at a privately owned parking area shall be
subject to a fine of not more than two hundred and fifty dollars
($250.00) and may be issued a summons or parking ticket, without
the necessity of a warrant being obtained by the owner of such
private parking area obtaining a warrant.
~e+ (d) When a notice or citation is attached to a vehicle
found parked in violation of this section, the owner of the vehicle
may, within fourteen (14) calendar days thereafter, pay to the city
treasurer, in satisfaction of such violation, a penalty of fifty
dollars ($50.00) one hundred dollars ($100.00). Such payment shall
constitute a plea of guilty for the violation in question. If such
payment is not postmarked or received by the city treasurer within
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fourteen (14) calendar days of the city after receipt of such
notice or violation, the penalty shall be cnc two hundred dollars
'~ ~' $200 00) The failure of any owner to make payment as
prescribed above, or to present the notice or citation for a
violation of this section at an office of the city treasurer for
certification to the general district court, within thirty (30)
days, shall render such owner, upon conviction of such violation,
subject to a fine of not more than two hundred fifty dollars
($250.00).
q,d, ,.i. v
person '-'~ .... "~ any yah~^ ~ ";~~^~ ~ .... prcvis~'~-
vv Z A ',,.~ .L~/t..~ J.. J~. ~.~ .i. ,~.~ .&. %.. .L.&Z V .A, ~,.~ .J.. t.,~ t....I. ,~,~ & & ~,./ .Z. q.A & A.A~
........... an vch clc ....... · .... o~
· · ·
Sec. 21-405. Prepayment of penalty for parking in metered spaces
in violation of division.
(a) When a notice is attached to a vehicle pursuant to
section 21-403, the owner of the vehicle may, within fourteen (14)
calendar days thereafter, pay to the city treasurer, in
satisfaction of the violation for which the notice was given, a
penalty of twelve dollars ($12.00) for each hour or fraction
thereof during which such vehicle occupied a parking meter space
illegally. Such payment shall constitute a plea of guilty to the
violation in question. If such payment is not postmarked or
received by the city treasurer within fourteen (14) calendar days
after receipt of such notice, the penalty for each hour or fraction
thereof during which such vehicle occupied a parking meter space
illegally shall be twenty-four dollars ($24.00).
(b) The failure of any owner to make payment in accord with
subsection (a) above or present the citation or notice of violation
at any office of the city treasurer for certification to the
general district court, within thirty (30) days, shall render such
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(b) No person shall park a vehicle, except when necessary to
avoid conflict with other traffic or in compliance with the
directions of a police officer or traffic-control device, in any of
the following places:
(1) On a sidewalk.
(2) On a crosswalk.
(3) Within twenty (20) feet of a crosswalk at an
intersection; provided, however, that where there is no
crosswalk at an intersection, no person shall so park a
vehicle within twenty (20) feet from the intersection of
curb lines or, if none, then within fifteen (15) feet of
the intersection of property lines.
(4) Within thirty (30) feet upon the approach to any flashing
beacon, stop sign or traffic-control signal located at
the side of a roadway.
(5) Between a safety zone and the adjacent curb or within
thirty (30) feet of points on the curb immediately
opposite the ends of a safety zone, unless a different
length is indicated by official signs or markings.
(6) Within fifty (50) feet of the nearest rail of a railroad
grade crossing.
(7) Alongside or opposite any street excavation or
obstruction, when such parking would obstruct traffic.
(8) At any place where official signs prohibit, reserve or
restrict parking.
(9) In a residential or apartment district (area), if such
vehicle is a commercial vehicle in excess of twenty (20)
feet in length and/or seven (7) feet in height. This
restriction shall not apply to commercial vehicles parked
while engaged in the normal conduct of business or in the
delivery or provision of goods or services in a
residential or apartment district (area).
(10) At any place so as to prevent the use of a curb ramp
located on public property or on privately owned property
open to the public.
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owner ~ .................................... ~, ......
...... ~'~A~ ~ ..... ~"^- 21-4~A a fine of not more than fifty dollars
($50.00) in addition to the penalty set forth in subsection
· · ·
Sec. 21-440.9. Vio'-~iv...-.---= Penalties for violation of residential
parking restrictions.
.
(a) When a notice or citation is attached to a vehicle parked
in violation of section 21-440.4, the owner may within fourteen
(14) calendar days thereafter, pay to the city treasurer, in
satisfaction of such violation, a penalty of twenty-~ive dollars
($25.00). If such payment is not postmarked or received by the
city treasurer within fourteen (14) calendar days after receipt of
such notice or citation, the penalty therefore shall be fifty
dollars ($50.00). Additionally, any vehicle parked in violation of
section 21-440.4 may be towed at the direction of a law
enforcement officer.
(b) The failure of any owner to make payment in accordance
with subsection (a) above or to present the notice or citation fo~
a violation of section 21-440.4 at an office of the c~ty treasurer
for certification to the general district court within thirty (30)
days, shall render such owner subject to a fine of not more than
fifty dollars ($50.00), in addition to the penalty set forth in
subsection (a), above.
~4~ (c) A violation of section 21-440.7 or 21-440.8 shall be
punishable by a fine in an amount not to exceed one hundred dollars
($100.00).
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Adopted by the Ci~guCs~uncil of the City of Virginia Beach on
this o day of 1995.
CA-5839
DATA/ORDIN/PROPOSED/21-364ET.ORD
JULY 24, 1995
R5
APPROVED AS TO CONTENT:
KPPROVED AS TO LEGAL
SUFFICIENCY:
- 23 -
Item IV-K. 3.
CONSENT AGENDA
ITEM # 39595
ORDINANCES/RES OL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $75,000 Grant from the
Virginia Department of Transportation (I/DOT) to the Department of
General Services FY 1995-1996 Operating Budget re alternative fuels
project.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
AN ORDINANCE TO ACCEPT AND APPROPRIATE A
$75,000 GRANT FROM THE VIRGINIA DEPARTMENT OF
TRANSPORTATION TO THE DEPARTMENT OF GENERAL
SERVICES FY 1995-96 OPERATING BUDGET FOR AN
ALTERNATIVE FUELS PROJECT
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WHEREAS, the Clean Air Act passed by the United States
Congress requires localities to develop strategies for the use of
alternative fuels;
WHEREAS, funds are available from the Virginia Department
of Transportation (VDOT) to set up projects to assist localities in
this effort;
WHEREAS, the City of Virginia Beach has applied for and
been chosen to receive such an alternative fuels grant from VDOT in
the amount of $75,000; and
WHEREAS, VDOT has submitted an Agreement for Services
which the City must execute in order to obtain these grant funds;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby accepts and appropriates a
grant in the amount of $75,000 from the Virginia Department of
Transportation to the Department of General Services FY 1995-96
Operating Budget for an alternative fuels project.
BE IT FURTHER ORDAINED:
That the City Manager is hereby authorized and directed
to execute, on behalf of the City of Virginia Beach, an Agreement
for Services with VDOT for participation in an alternative fuels
project which agreement shall contain substantially the same terms
and conditions as those set forth in the attached draft agreement
entitled "Commonwealth of Virginia Department of Transportation
(VDOT) Alternative Fuels Revolving Fund Agreement for Services."
BE IT FURTHER ORDAINED:
That estimated revenues from the Commonwealth of Virginia
are hereby increased by $75,000.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of August 1995
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CA95-6029
\noncode \vdot. ord
07/06/95
R-2
PREPARED: 07 / 21 / 95
APPROVED AS TO CONTENT
Management Services ~
APPROVED AS TO LEGAL
SUFFICIENC~
Agreement # 95-2
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION (VDOT)
ALTERNATIVE FUELS REVOLVING FUND
AGREEMENT FOR SERVICES
A. Scope of Services
The City of Virginia Beach (the City) shall perform an alternative fuel project
which w~ll include
I Constructing (or have under contract to construct), by December 31, 1995,
one compressed natural gas (CNG) fast-fill refueling facility and appurtenances.
2 Monitoring and evaluating fuel consumption, m~leage data, and maintenance
and repair costs collected from the vehicle for a minimum of 12 months after the vehicle
~s placed in service Such data should be evaluated in comparison to the vehicle in a
convenbonally powered (d~esel or gasoline) form This paragraph applies only if
paragraph I includes vehicles.
3 Ensuring that vehicle conversions are in accordance with the prowsions of
~16.2-1048 of the Code of Virginia, which regulates emission control equipment
modifications
4 Providing VDOT w~th quarterly progress reports, energy savings and cost
sawngs data resulting from th~s project, and a final report summarizing the cost and
energy savings resulting from the project
5 Ensuring appropriate public awareness of the grant through use of the local
med~a. Vehicles (except school buses) shall also have affixed front and rear identifying
bumper sbckers to be provided by VDOT.
AGREEMENT FOR SERVICES, cont'd
B. A~reement Document_s_
_
The AGREEMENT FOR SERVICES documents shall consist of:
1. This form, when executed; and
2. The applicant's PROJECT APPLICATION FORM, inclusive of any modifying
addenda, e g, altering of the proposal, amount of grant request etc.
all of which are documents incorporated herein.
C. Financial Arrangements
VDOT will reimburse the City an amount not to exceed $75,000 for the costs of
this project as specified ~n §A 1 of this AGREEMENT. Request for reimbursement
shall include an ~nvo~ce showing payment by the City of all project-related costs
covered by this AGREEMENT Payment by VDOT will be made within 30 days of
receipt of an approved invoice and necessary documentation
Reimbursement requests from jurisdictions located Jn the Northern Virginia air
quality non-attainment area must ~nclude verification that conversion kits and ~nstallers
or original equipment manufacturer (OEM) vehicles meet U.S. Environmental Protection
Agency (EPA) and/or California A~r Resources Board (CARB) certification.
D. Time Frame
All work under this AGREEMENT shall be completed on or before December 31,
1996 unless grunted a written extension by the Commonwealth Transportation
Commissioner
E. Monitorincl
During the time frame of this AGREEMENT, VDOT reserves the right to monitor
the financial and programmatic records maintained for this project.
AGREEMENT FOR SERVICES, cont'd
F. Subcontractinq
Any subcontracting pursuant to this AGREEMENT will be in accordance with the
Virginia Public Procurement Act and any other applicable laws governing public
contracts.
G. Compliance with Federal Rules and Requlations_
To the extent required by law, any services or any activities performed pursuant
to this AGREEMENT will be made in accordance with the U.S. Department of Energy
Financial Assistance Rules (10 CFR PART 600) and OMB CIRCULAR (A-128).
City of Virginia Beach
David R Gehr
Commonwealth Transportation
Commissioner
TItle
Date
Date
APPROVED AS TO CONTENTS
,
- 24 -
Item IV-IC 4.
CONSENT AGENDA
ITEM # 39596
ORDINANCES/RES OL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baurn, City Council ADOPTED:
Ordinance to TRANSFER $35,000 from the General Fund Reserve for
Contingencies to the Czty Attorney's FY 1995-1996 Operating Budget to
enable the City to engage the services of an Election Data Specialist re
the reapportionment process
1 O- 0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R Jones,
Mayor Meyera E. Oberndorf, Nancy IcL Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
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AN ORDINANCE AUTHORIZING THE TRANSFER OF
$35,000 FROM THE GENERAL FUND RESERVE FOR
CONTINGENCIES TO THE CITY ATTORNEY'S FY 1995-
96 OPERATING BUDGET TO ENABLE THE CITY TO
ENGAGE THE SERVICES OF AN ELECTION DATA
SPECIALIST
WHEREAS, during its 1995 Session, the General Assembly
amended the City's councilmanic electoral plan by providing that
the City shall be divided into seven (7) residence districts of
approximately equal population, and further providing that on or
before March 1, 1996, the boundaries and names of such districts
shall be established by ordinance; and
WHEREAS, the City Attorney has advised that the services
of an election data specialist are necessary to enable City Council
to properly review proposed plans and to determine whether or not
such plans comply with Voting Rights Act and Department of Justice
requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby authorizes the transfer of
$35,000 from the General Fund Reserve for Contingencies to the City
Attorney's FY 1995-96 Operating Budget to enable the City to engage
the services of an election data specialist to assist the City in
the reapportionment process.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of August 1995
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CA-6044
ORDIN~NONCODE~ELECTION.ORD
R-1
PREPARED: 08/02/95
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL
-O~partment of Law
Item IV-K. 5.
CONSENT AGENDA
ITEM it 39597
ORDINANCES/RESOL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council AUTHORIZED:
Cash payment in lieu of park dedication from Larkspur Farms, as
consistent with the 21 February 1995 City Council approved Policy for
Cash Payments in Lieu of Open Space Dedications of less than one acre.
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold He~schober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
August 8, 1995
CITY OF VIRGINIA BEACH
Parks and Recreation/Administration
Mumclpai Center
Virg~ma Beach, VA 23456
Phone: (804) 563-1100/Fax (804) 563-1130
SECTION 4.5 OF THE SUBDIVISION ORDINANCE
CASH PAYMENT IN LIEU OF PARK RESERVATION
PLANNING/DSC FILE # E08-308
SUBDIVISION NAME: Larkspur Farms
PLANNING AREA: Kempswlle
ZONING: R-10
(location map attached)
(stabstical analysis attached)
SUBDIVISION ACREAGE FOR DEDICATION CALCULATION' 13.0989 acres
DEDICATION REQUIREMENT: 52 acre
(.08 x 13.10/2 = .52)
ASSESSED VALUE PER ACRE: $19,985
(assessment attached)
ASSESSED VALUE FOR DEDICATION REQUIREMENT' $10,392 ($19,985 x .52)
("dedication requirement" x "assessed value per acre")
The undersigned representing L~¢~'~r.x~' ~"~-/L.L.d does hereby agree th~s
date, 0'~'/~/¢?~'-" , to the following cash payment in lieu of park reservation:
Parks and Recreabon
Estate A
ib/ubhc Works/F~eal Estate
Planning/DSC?
~'Attorney s 0f~e
/kcf (6/6/95)
Attachments
CITY OF VIRGINIA BEACH
PARKS AND RECREATION
PARKLAND STATISTICAL ANALYSIS
Proposed Subdivision (Larkspur Farms) - James F. Krahenbill
Property Adjacent to Larkspur Middle School (1~.0989 Acres);
GPIN #1476-34-2659; Map Book 220, Pages 87 & 88; .52 Acre Park
Dedication Requirement
Kempsville Pl~ingArea
958440 Statistical Area
(Park Standard = 4 acres per
1,000 population)
Population:
Park Standard (acres):
Neighborhood/Community
Parks (acres):
Schools (acres):
Kempsville Meadows ES
Quasi-Public (acres):
Kempsville Greens
Total Acres:
SURPLUS/(DEFICIT) ACRES:
/kcf
11/18/94
1,733.00
Kempsville Planninq
Area/Statistics
89,665.00
1.10 40.06
6.61 492.51
.31 133.83
5.51 174.65
0.00 277.80
6.92 358.68
CITY OF VIRGINIA BEACH
Parks and Recreabon/AdmmzstraUon
Mumc~pal Center
V~rloma Beach, VA 23456
Phone: (804) 563-1100/Fax (804) 563-1130
NOV ~S 1994
November 18, 1994
OFF]CE OF THE
REAL ESTATE ASSESSOR
TO: Jerald D. Banagan, City Assessor
FROM: J. Barry Frankenfield, Parks and Recreation Planner~_-~
SUBJECT: Cash in Lieu of Park Reservation for Larkspur Farms
Subdivision (Krahenbill property); 13.0989 acres in the Kempsville
Planning Area
I have received a request for a cash payment in lieu of park
dedication. The dedication requirement is .52 acre. The assessed
value of the property is $19,985/acre. The recommended payment is
$10,392.
The statistical analysis of the site and assessment information is
attached.
Please sign below and return if you concur that the current
assessed land value for this property is $19,985 per acre. Thank
you for your assistance.
rald D. Bana~an, C~ssessor
JBF/kcf
Attachments
C:
Susan Do Walston, Director of Parks and Recreation
Ray A. Emerson, Parks Administrator
Joe Pulley, Planning/DSC
City Council Policy
T~tle: Cash Payment in Lieu of Park Reservation
Date of Adoption: I Date of Revision'
I
Index Number: 3 01
Page 1 of 2
1.0 Purpose and Need for Policies and Procedures
Section 4.5 of the Subdivision Ordinance, Public S,tes and Open Spaces, has been used as the tool to acquire
neighborhood parks and open space In developing areas. Section 4.5 is also a tool for acquiring sensitive
environmental land. It requires the developer to reserve a parcel of land for open space and recreational
purposes according to a formula based on lot size. The City has the option of purchasing th~s reserved land
within five years at current market value. The following alternatives to reservation are currently available in the
Subdivision Ordinance:
Dedication: Dedication of land at no cost to the City. Dedication is one-half of reservation requirement
specified ~n the Subd~wsion Ordinance.
Other Arrangements: Other mutually agreeable arrangements approved by City Councd which could ~nclude
a cash payment.
Homeowners' Association: Estabhsh a homeowners' assomatlon which would own the property and would
constitute an equivalent recreational amemty.
As noted, Section 4.5 of the Subdivimon Ordinance allows for cash payments as an alternative to reservations.
Cash payments in heu of a reservation or dedication ~s desirable when the dedication requirement ~s small (less
than one acre) or due to an analysis of ex~sting open space/recreation amenities in relation to standards based
on population, it is determined that additional land is not needed. This pohcy ~s needed to clarify the process
and value for determining cash payments to ensure a consistent and equitable approach for cash payments.
This policy is intended as a guide for determining cash in lieu of reservations or dedications. The current
subdivision ordinance cannot require cash payment in lieu of reservations or dedications. Once received, the
cash payments are to be designated for ~mprovements within the planning area of the developing subdiv~mon.
2.0
Policy
Cash payments are recommended as an acceptable alternative to dedication of open space area when the
dedication requirement ~s such that the resulting park space would not be a useful amemty based on statistical
criteria and standards used for acquisition of park space (generally less than one acre) All cash ~n lieu of
payments are to be determined by the City Real Estate Assessor and based on the dedication requirement
multiplied by the assessed land value. In the case where a property t~as a current land value and market value
due to land use taxation for qualifying farm and reforested property, the market value will be used to determine
the cash payment. Cash payments wdl be due upon approval by City Councd unless other arrangements are
approved by City Council.
3.0 Procedure to Accomplish Policy
Subdivision plans are currently reviewed for compliance with the Subdivision Ordinance as coordinated by the
Planning Department. Parks and Recreation reviews all subdivision plans required to meet Section 4.5 of the
Subdivision Ordinance. The procedures and pohc~es are in place to determine the reservation or dedication
requirement. The assessed value of properties is determined by the City Assessor's Office.
4.0 Responsibility and Authority
The Director of Parks and Recreation shall be responsible for coordinating the review process for cash payments.
Representat,ves from the Department of Parks and Recreation, Public Works/Real Estate, City Assessor's Office,
Department of Planmng, and the City Attorney's Office will review cash in lieu of payments. The City
Assessor's Office wdl determine the assessed land value. The Director of Parks and Recreation wdl review the
proposal for cash ~n lieu dedicatmn/reservat~on agmnst the City's Outdoors Plan and attach a s~gned finding of
conformity/compliance with the Plan.
5.0 Definitions
Dedication Requirement: Defined in Section 4.5 of the Subdivision Ordinance. The dedication requirement is
one half of the reservation requirement.
Assessed Value: Current monetary value of the property as determined by the City Assessor's Office.
6.0 Specif. ic Requirements
All cash payments in lieu of park dedications are to be approved by City Council as identified in the Subdivision
Ordinance. Staff will provide statistical analysis, apprmsal information, calculation of the cash payment, and
agreement from the developer. A cash in lieu of form and agreement wdl be used in this process (see attached).
These ~tems are to be ~ncluded in the Agenda Request for approval of the cash payment.
to Content:
Director/Administrator Date
Approved as
to Legal Sufficiency:
Reviewed by:
APPROVED BY
CITY COUNCIL:
City Attorney
C~anager
Date ~' J
Date
CITY OF VIRGINIA BEACH
Parks and Recreation/Admimstration
Municipal Center
VIr~ma Beach, VA 23456
Phone: (804) 563-11001Fax (804) 563-1130
SECTION 4.5 OF THE SUBDIVISION ORDINANCE
CASH PAYMENT IN LIEU OF PARK RESERVATION
PLANNING/DSC FILE #:
SUBDIVISION NAME:
PLANNING AREA:
ZONING:
TOTAL SUBDIVISION ACREAGE/AVERAGE LOT SIZE:
(location map attached)
(statistical analysis attached)
DEDICATION REQUIREMENT:
("total acreage" x"_"%)
ASSESSED VALUE PER ACRE:
(assessment attached)
ASSESSED VALUE FOR DEDICATION REQUIREMENT:
("dedication requirement" x "assessed value per acre")
The undersigned representing does hereby agree this
date, , to the following cash payment in lieu of park reservation:
Company Representative/title
Parks and Recreation
Real Estate Assessor
Planning/DSC
Public Works/Real Estate
/kcf (12/8/94)
Attachments
City Attorney's Office
- 26 -
Item IV- K 6a.
CONSENT AGENDA
ITEM # 39598
ORDINANCES/RESOL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council DEFERRED TO
THE 22 AUGUST 1995 CITY COUNCIL SESSION:
Resolution re issuance of Virginia Beach Development Authority's
multi-family rental housing revenue bonds:
Sunstates House, L.P.
Not to exceed $7,300,000
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 27 -
Item IV-K. 6b.
CONSENT AGENDA
ORDINANCES~RESOLUTIONS
ITEM # 39599
Upon motion by Council Lady Parker, seconded by Councilman Baurn, City Council ALLOWED
WITHDRAWAL:
Resolution re issuance of Virginia Beach Development Authority's
multi-family rental housing revenue bonds:
National Housing and
Health Care Trust, Inc.
Not to exceed $3,500,000
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 28 -
Item IV-K. Z
CONSENT A GEND,4
ITEM # 39600
ORDINANCES/RES OL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED:
Resolution to authorize the City Manager to initiate the Procurement
Process for the remaining portions of the Lake Gaston Water Supply
Project.
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy ~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
INITIATE THE PROCUREMENT PROCESS FOR
THE REMAINING PORTIONS OF THE LAKE
GASTON WATER SUPPLY PROJECT
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WHEREAS, on February 11, 1992, the City Council declared that
there existed within the City of Virginia Beach an emergency
arising out of a shortage of public water supplies; and
WHEREAS, pursuant to that declaration of emergency, the City
Council imposed severe restrictions upon the use of public water
supplies and upon new connections to the City water supply system
pending completion of the Lake Gaston Water Supply Project; and
WHEREAS, because the Lake Gaston Project has not been
completed in the period three and one-half years which has passed
since the imposition of the aforesaid restrictions, the state of
emergency still exists; and
WHEREAS, the Lake Gaston Project has been the subject of many
judicial and administrative decisions, over the course of more than
a decade, establishing and confirming that the Project will not
cause any significant adverse environmental, socioeconomic or other
impacts, and that the Project is fully justified and in the best
interests of the public; and
WHEREAS, the remaining administrative approval needed for
construction of the Project was granted by the Federal Energy
Regulatory Commission on July 26, 1995; and
WHEREAS, the only means by which the City can obtain a safe,
reliable and sufficient supply of water at a reasonable cost is by
completing the Lake Gaston Project; and
WHEREAS, the occurrence of a drought during the time preceding
the completion of the Lake Gaston Project will cause great hardship
and serious risk to the health and well-being to the residents and
businesses of the City; and
WHEREAS, even in the absence of a drought, the City and its
citizens and businesses will continue to suffer adverse effects
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from the absence of a sufficient supply of water until the Lake
Gaston Project has been completed; and
WHEREAS, in order to expedite, to the greatest practicable
extent, the completion of the Lake Gaston Project, it is necessary
at this time to initiate the procurement process required by law
for the award of construction contracts for the remaining portions
of the Project; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and hereby is, authorized and
directed forthwith to initiate the procurement process, and to take
all necessary measures in accordance with applicable law and
established procurement practices of the City, in connection with
contracts for the construction of the remaining portions of the
Lake Gaston Water Supply Project, through and including the
tendering of recommendations to the City Council concerning the
award of each such contract.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That no such contract shall be awarded except by formal action
of the City Council taken at a public meeting.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this E~§hth day of Au§ust , 1995.
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CA-95-6043
\wmordres \ gaston, res
R-1
8-2-95
APPROVED~i,,~ ~) ,AS TO~
APPROVED AS TO LEGAL
SU CY -
Department of Law
- 29 -
CONSENT AGENDA
ITEM # 39601
ORDINANCES/RESOL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baurn, City Council ADOPTED:
Resolution to establish Virginia Beach Community Criminal Justice
Board.
10-0 (By Consent)
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis IL Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
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A RESOLUTION ESTABLISHING THE
VIRGINIA BEACH COMMUNITY CRIMINAL
JUSTICE BOARD
WHEREAS, the Virginia General Assembly has adopted legislation
entitled the Comprehensive Community Corrections Act for Local
Responsible Offenders (Sections 53.1-180 et seq. of the Code of
Virginia) and the Pretrial Services Act (Sections 19.2-152.2 et
seq. of the Code of Virginia), both of which, as amended, became
effective July 1, 1995;
WHEREAS, the Virginia Beach Community Diversion Incentive
Program and Pretrial Services Program have in the past provided the
judicial system with sentencing alternatives for certain
misdemeanants and persons convicted of non-violent felonies; and
WHEREAS, Sections 53-1.183 and 19.2-152.5 of the Code of
Virginia provide that each city establishing a community
corrections program and pretrial services program shall also
establish a community criminal justice board.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That, pursuant to the Comprehensive Community Corrections
Act for Local Responsible Offenders and the Pretrial Services Act,
City Council hereby establishes, effective upon adoption of this
Resolution, the Virginia Beach Community Criminal Justice Board
(the "Board"). In accordance with these Acts, the Board shall
include the Chief Judge of the Circuit Court or his designee; the
Chief Judge of the General District Court or his designee; the
Chief Judge of the Juvenile and Domestic Relations District Court
or his designee; the Chief Magistrate; the Chief of Police; the
Commonwealth's Attorney or his designee; the Public Defender or his
designee; the Sheriff or his designee; the Superintendent of City
Public Schools or his designee; and a representative of the
Virginia Beach Community Services Board. Additional members shall
include the City Attorney or his designee; the Director of Social
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Services or his designee; a representative of the Office of the
City Manager; and two citizens at large designated by the City
Manager and appointed by the Council. Of citizens at large first
appointed, one shall be appointed to serve for two years and one
for three years. Thereafter both shall be appointed for terms of
three years.
2. That the Board shall have the powers and duties
prescribed by the Comprehensive Community Corrections Act for Local
Responsible Offenders and the Pretrial Services Act.
3. That the City of Virginia Beach shall act as the
administrator and fiscal agent for the funds awarded for purposes
of implementing the City's community corrections programs.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 8 day of August , 1995.
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CA-6030
ORDIN \NONCODE \ JUSTI CE \ RES
R-5
JULY 28, 1995
APPROVED AS TO CONT~..~..NT
Offic~o~l~ (~ty Mah"'ff-age'r'- v -
APPROVED AS TO LEGAl.,
SUFFICIENCY
Department of Law
Members
Local Criminal Justice Board
Office
Phone Fax
Number Number
Robert Matthias
Judge Dale Bimson
Judge Alan Rosenblatt
Judge Ronald H Marks
Mr Reeves E Johnson
Mr Ernest T. Buchanan
Captain Steven M Wilke
Ms. Pamela H Albert
Mr David Ennis
Mr. Bill Byman
Mr Robert Hill
Chief Charles R Wall
Mr Frank Buck
Mr. Wylie French
Mr. Daniel M. Stone
City Manager's Office
General District Court
Circuit Court
Juvenile & Domestic Relations Court
Citizen (lqom±nee)
Citizen (t~om±nee)
Sheriff's Department
Commonwealth's Attorney
Public Defenders' Office
City Attorney's Office
Magistrate's Office
Police Department
Community Services Board
School Administration
Social Services
427-4242 427-4135
427-8783 563-1065
427-4262 426-5860
427-4391 426-5683
428-2201 ---
427-7244 427-0418
427-4920 427-2606
427-8651 427-9647
427-4675 427-4884
427-4531 426-5687
427-8969 426-5815
427-4141 427-9163
473-5667 490-5736
427-4540 426-5680
437-3201 427-3300
Staff Support:
Catheryn R. Whitesell Management Services 427-4593 426-5875
- 30 -
Item IV-l~9. a.
CONSENT AGENDA
ITEM # 39602
ORDINANCES~RES OL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council DEFERRED TO
THE 5 SEPTEMBER 1995 CITY COUNCIL SESSION:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Ocean Front Limousine
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 31 -
Item IV-I~9. b/c.
CONSENT AGENDA
ITEM # 396O3
ORDINANCES/RESOL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council APPROVED:
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY:
Yellow Cab of Virginia Beach, Inc.
Beach Taxi, Inc.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Itarold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 32 -
Item IV-K. IO.
CONSENT AGENDA
ITEM # 39604
ORDINANCES/RESOL UTIONS
Upon motion by Council Lady Parker, seconded by Councilman Baum, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $2,222.71 upon
application of certain persons and upon Certification of the City
Treasurer for payment.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
August 8, 1995
"ORM NO C A 7
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the follow~ng applications for tax refunds upon certification of the Treasurer are hereby approved:
NAHE Tax Type Ticket Exonera- Date Penalty Int.
Year of Tax Number tton No. Paid
Total
Dominion Property
Dinsmore, Evans &
Dinsmore,
Din smo re,
Dinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
Oinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
D in smo re,
Dinsmore,
Dinsmore,
Dinsmore,
Dinsmore,
Inc. 95 RE(l/2) 036758-4 12/5/94
Bryant 95 RE(l/2) 003425-7 4/21/95
Evans & Bryant 95 RE(l/2) 007484-6 4/21/95
Evans & Bryant 95 RE(l/2) 007483-7 4/21/95
Evans & Bryant 95 RE(l/2) 016606-0 4/21/95
Evans & Bryant 95 RE(l/2) 016605-1 4/21/95
Evans & Bryant 95 RE(l/2) 031891-3 4/21/95
Evans & Bryant 95 RE(l/2) 031892-2 4/21/95
Evans & Bryant 95 RE(l/2) 031890-4 4/21/95
Evans & Bryant 95 RE(l/2) 121666-5 4/21/95
Evans & Bryant 95 RE(l/2) 121667-4 4/21/95
Evans & Bryant 95 RE(l/2) 121674-5 4/21/95
Evans & Bryant 95 RE(l/2) 121673-6 4/21/95
Evans & Bryant 95 RE(l/2) 121668-3 4/21/95
Evans & Bryant 95 RE(l/2) 007480-0 4/21/95
Evans & Bryant 95 RE(l/2) 007486-4 4/21/95
Evans & Bryant 95 RE(l/2) 057485-0 4/21/95
Evans & Bryant 95 RE(l/2) 057486-9 4/21/95
Evans & Bryant 95 RE(l/2) 121669-2 4/21/95
Evans & Bryant 95 RE(l/2) 121671-8 4/21/95
Evans & Bryant 95 RE(l/2) 121672-7 4/21/95
Evans & Bryant 95 RE(l/2) 121675-4 4/21/95
95.17
104.28
95.52
95.92
70.70
94.55
95.74
111.61
94.55
94.55
104.28
104.28
109.40
108.36
105.99
105.99
107.35
107.35
102.57
105.99
105.99
102.57
TOTAL
2,222.7]
This ordinance shall be effective from date of adoption.
The above abatement(si totaling
$2,222.71 were approved by
the Council of the City of V~rg~nia
Beach on the 8. day of
L995
Ruth Hedges Smith
C~ty Clerk
ed as to y ent; '
) n . Atkinson, Treasurer
Approved as to form.
Lesh~ L L,,,~, C'R'y ~ney~
- 33 -
Item 1V-L.
PUBLIC HEARING
ITEM # 39605
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. DAVID EXUM
RECONSIDERATION
2. TIDEWATER WESTMINSTER HOME, INC.
CONDITIONAL USE PERMIT
3. QUINTON J. FERGUSON
(British-European Antique Imports, Ltd.}
CHANGE OF ZONING
4. GEORGE PITSILIDES, TRUSTEE OF THE
PITSILIDES LAND TRUST
STREET CLOSURE
5. BAYVILLE FARMS ASSOCIATES, L.C.
VARIANCE
6. THE LITTLE THEATER OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
7. TENCH H. PHILLIPS, JR.
CONDITIONAL USE PERMIT
8. VIRGINIA BEACH SOCCER JOINT TASK FORCE
CONDITIONAL USE PERMIT
9. HERBERT E. AND EVELYN K. DUGRO0
CONDITIONAL CHANGE OF
ZONING
lO. THOMAS R. GIROUX
(British-European Antique Imports, Ltd.)
CHANGE OF ZONING
11. SEELAKE ASSOCIATES
VARL4NCE
CHANGE OF ZONING
12. DALE CULVER HENNING
CHANGE OF ZONING
August 8, 1995
- 34 -
Item IV-L.
PUBLIC HEARING
ITEM # 39606
PLANNING B Y CONSENT
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 2, 3, 6, 7, 10, 11 and 12 of the PLANNING BY CONSENT AGENDA.
Item 2 was APPROVED for DEFERRAL to August 22, 1995.
Item 3 was APPROVED for WITHDRAWAL.
Item 10 was APPROVED for DEFERRAL to September 12, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 35 -
PUBLIC HEARING
ITEM it 396O7
PLANNING
A motion was made by Councilman Dean, seconded by Council Lady Henley to DENY RELEASE FROM
THREE CONDITIONS upon application of DAVID EXUM for a Change of Zoning District
Classification from AG-2 Agricultural District to B-1 Business Residential District imposed in the 19
January 1981 approved Application (Webb Deaver, Jr., and Marie Deaver).
Upon SUBSTITUTE MOTION by Councilman Baum, seconded by Councilman Branch, City Council
AUTHORIZED RELEASE FROM THREE CONDITIONS upon application of DAVID EXUM for a
Change of Zoning District Classification from AG-2 Agricultural District to B-1 Business Residential
District imposed in the 19 January 1981 approved Application (Webb Dearer, Jr., and Marie Dearer).
Application of DA VID EXUM for reconsideration of conditions (Release
from three (3) conditions) placed on the January 19, 1981, approved
Change of Zoning Distrtct Classification from AG-2 Agricultural District
to B-1 Business Residential District at 2624 Princess Anne Road (Webb
Dearer, Jr, and Mane Dearer) 2624 Princess Anne Road, containing
0.410 acre (PRINCESS ANNE BOROUGH).
The three con&tions to be released are:
1. Standard improvements as required by the Site Plan Ordinance.
2. City water and sewer.
Right-of-way improvements will be necessary along Princess
Anne Road; this includes pavement widening, curb and gutter,
sidewalk and drainage facdities.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Louis R. Jones, and Louisa M. Strayhorn
Council Members Voting Nay:
Robert IC Dean, Barbara M Henley, Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr
August 8, 1995
- 36 -
Item IV-L.Z
PUBLIC HEARING
ITEM it 39608
PLANNING
Correspondence from Attorney R. J. Nutter requesting DEFERRAL is hereby made a part of the record.
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council DEFERRED until
the City Council Session of August 22, 1995:
RECONSIDERATION: Application of TIDEWATER WESTMINSTER
HOMES, INC., for a Conditional Use Permit for a home for the aged at
the Southwest corner of Shore Drive and Sunstates Court, containing
1.891 acres (LYNNHAVEN BOROUGH)-- (approved by City Council
27 June 1995). (Sponsored by Councilman Robert IC Dean)
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 37 -
Item IV-L. 3.
PUBLIC HEARING
ITEM # 39609
PLANNING
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ALLOWED
WITHDRAWAL of application of QUINTON J. FERGUSON for an enlargement of a non-conforming
use.
Application of Quinton J. Ferguson for an enlargement of a non-
conforming use at 5321 Northampton Boulevard, containing 4.78 acres
(BA YSIDE BOROUGH)
NO ACTION BY CITY COUNCIL IS REQUIRED.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W..
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 38 -
Item IV-L. 4.
PUBLIC HEARING
ITEM # 39610
PLANNING
The following spoke in SUPPORT of the application:
Attorney Charles Salle', 192 Ballard Court, represented the applicant
Tom Hansen, 192 Ballard Court, represented the applicant
Paige O'Shaughnessy, 2217 Trant Lake Drive, Laurel Cove, Phone: 496-9479
Tim O'Shaughnessy, 2217 Trant Lake Drive, Laurel Cove, Phone: 496-9479
R. E. "Mike" O'Shaughnessy, 3145 Paige Avenue,
Pattie Brogan, 8105 Atlantic Avenue, Phone: 425-0404
Michael R. Greaney, 2977 Lynnhaven Drive, Phone: 481-3028
Wendy S. Keller, 3717 Beacon Lane, Phone: 340-4079
Bill Buono, 3109 Lynnhaven Drive, Phone: 481-1740, represented the Great Neck Association of Civic
Leagues
Kenneth Scandell, 2325 Estuary Court, Phone: 481-1568
Kathleen Hutton, 2977 Lynnhaven Drive, Phone: 481-3028
Kdt Callahan, 3145 Page Avenue, Phone: 481-4349
The following spoke in OPPOSITION to the application:
Attorney Michael Inman, presented petitions in OPPOSITION to a pedestrian access easement. Said
petitions are hereby made a part of the record.
Dr. Greg Morando, 2302 Page Court/152 Leslie Drive, Hubert, North Carolina 28539, Phone: 910 326-
4324
Greta Snidow, Post Office Box 5672. Phone: 481-5633
Maria Morando, 2302 Page Court, 152 Leslie Drive, Hubert, North Carolina 28539, Phone: 910 326-
4324
Lyle C. Snidow, 2306 Page Court, Phone. 481-5633
Upon motion by Councilman Harrison. seconded by Councilman Branch, City Council APPROVED the
Petition of GEORGE PITSILIDES, TRUSTEE OF THE PITSILIDES LAND TRUST for
discontinuance, closure and abandonment of portions of Kleen Street and Ocean Avenue.
Petition of George Pitsilides, Trustee of the Pitsilides Land Trust for the
discontinuance, closure and abandonment of the following parcels:
Kleen Street: Beginning at the Northwest intersection of Kleen Street and
Page Avenue and running in a Northerly direction a distance of 160.49
feet.
Ocean Avenue: Beginning at a point 190 feet more or less Northwest of
the intersection of Kleen Street and Page Avenue and running in an
Easterly direction a &stance of 215 feet more or less,
Said parcels contain 0.531 acre. LYNNHAVEN BOROUGH.
August 8, 1995
- 39 -
Item IV-L. 4.
PUBLIC HEARING
ITEM # 39610 (Continued)
PLANNING
The following con&tions shall be required:
.
The City Attorney's Office shall make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regardtng Purchase of the City's Interest in Streets
Pursuant to Street Closures", approved by City Council.
Copies of the policy are available in the Planning Department.
The value of the area to be dedicated as a public access
easement will be considered when calculating the purchase
price.
The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into the
adjoining parcel.
.
A seven-foot (7') wide public ingress-egress easement shall
be dedicated along the Western property line. However, this
easement shall be expanded to a width of ten feet (10') from a
point twenty feet (20') to the South of the first ninety-degree
turn to a point fifteen feet (15') North of the second turn. This
will create a wider accessway through these tight turns.
To help create a more open and safe public accessway, the
applicant will NOT erect a SOLID six-foot (6') prtvacy fence
adjacent to the public access. The fence shall be six feet in
height, with the bottom four feet (4') to be solid and the top two
feet (2') open lattice work.
The applicant is responsible for dedicating
easements for any private utilities located
right-of-way proposed for closure, if required.
appropriate
within the
Closure of the right-of-way shall be contingent upon
compliance with the above-stated conditions within 180 days
of the approval by City Council (February 13, 1996).
The City Manager was directed to negotiate with the applicant for the
construction of a six-foot (6') solid fence and slatted boardwalk to
preserve the integrity and privacy of the homeowners at The Dunes.
Voting. 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K~ Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
Item IV-L. 5.
PUBLIC HEARING
ITEM # 39611
PLANNING
Robert Kellam, Kellam-Gerwitz Engineers, 2232 Virginia Beach Boulevard, Suite 108, represented the
applicant
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council APPROVED the
Application of BAYVILLE FARMS ASSOCIATES, L.C., for a Variance to Section 4.4(d) of the
Subdivision Ordinance which requires all lots created by subdivision have direct access to a public street.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Bayville Farms
Associates, L.C. Property is located at the northern extremity of Spring
House Trail. BAYSIDE BOROUGH.
The following conditions shall be required;
.
A note must be included on the final plat indicating that no
development can occur within the Resource Protection Area on
Parcel A-3.
2.
Restrictive covenants for Lot ,4-3 indicating that no
development can occur within the Resource Protection Area
must be submitted for revtew and recorded with the final plat.
The Deed Book and Page Number for the covenants must also
be included on the final plat.
3. The final plat must also depict the limits of the Resource
Protection Area for both lots.
Voting: 7-0
Council Members Vottng Aye:
John A. Baum, Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy I~ Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstatning:
William W. Harrison, Jr.
Council Members Absent:
Linwood O. Branch, III, Robert I~ Dean and Vice Mayor William D.
Sessorns, Jr.
Councilman Harrison ABSTAINED as his firm represents the applicant.
August 8, 1995
- 41 -
]tern IV-L. 6.
PUBLIC HEARING
ITEM # 39612
PLANNING
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application of THE LITTLE THEATER OF VIRGINIA BEACH for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF THE LITI'LE THEATER OF
VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT FOR
FACILITIES FOR THE PRODUCTION OF LIVE THEATER R08951976
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtt, VIRGINIA
Ordinance upon application of The Little Theater of Virginia Beach for
a Conditional Use Permit for facilities for the production of live theater
and allied purposes including education tn the theater arts at the
northeast corner of Barberton Street and 23rd Street. Said parcel is
located at 540-542 Barberton Drive and contains 9,063 square feet.
VIRGINIA BEACH BOROUGH.
The following conditions shall be required:
1. The existing six-foot (69 high wooden fence shall remain along
the Southern and Eastern property lines.
2. The duplex structures shall not be used for restdential purposes
after 1 January 1997.
3. Crusher run gravel shall be installed in the proposed parking
area.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Counctl of the City of Virginia Beach, Virginia, on the Eighth of August, Nineteen
Hundred and Nine~_ -Five.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 42 -
]tern 1V-L. 7.
PUBLIC HEARING
ITEM # 39613
PLANNING
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED an
Ordinance upon application of TENCH H. PHILLIPS, JR., for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF TENCH H. PHILLIPS, JR.,
FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES
R08951977
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACtl, VIRIGNIA
Ordinance upon application of Tench H. Phillips, Jr., for a Conditional
Use Permit for motor vehicle sales at the southeast corner of Virginia
Beach Boulevard and Opal Avenue. Said parcel is located at 4949
Virginia Beach Boulevard and contains 6.6 acres. BA¥SIDE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of August. Nineteen
Hundred and Nine~_ -Five.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baurn, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
]tem IV-L. 8.
PUBLIC HEARING
ITEM # 39614
PLANNING
Gerrit W.. Benson, 1718 Valhalla Arch, Phone: 481-1377, represented the Hampton Roads Soccer Council
Bob Miller, 5033 Rouse Drive, Phone: 490-9264
William M. Thorn, 709 Grey Dove Lane, Phone: 471-5484, represented the Salem Lakes Civic League
Upon motion by Councilman Dean, seconded by Council Lady Strayhorn, Ctty Council ADOPTED an
Ordinance upon application of VIRGINIA BEACH SOCCER JOINT TASK FORCE for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF VIRGINIA BEACH SOCCER
JOINT TASK FORCE FOR A CONDITIONAL USE PERMIT FOR A
RECRF~TIONAL FACILITY OF AN OUTDOOR NATURE (SOCCER
COMPLEX) R08951978
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach Soccer Joint Task Force
for a Conditional Use Permit for a recreational facility of an outdoor
nature (soccer complex) on certain property located at the southern
terminus of Recreation Drive. Said parcel contains 73 acres more or less.
PRINCESS ANNE & KEMPSVILLE BOROUGHS.
The following conditions shall be required:
1. No lighting shall be installed which may shine onto any of the
adjacent residential properties.
2. All trees located on the site must be retained to the maximum
extent possible.
A twenty-foot (20') wide landscaped buffer consisting of a
double row (staggered) of wax myrtle or an equivalent species
of evergreen shrub shall be incorporated into the site design on
the Western side of the proposed parla'ng area. The spacing for
the required landscaped materials shall be a maximum of eight
feet (8'), on center, with the intent of providing a continuous
buffer for the adjacent residential homes. A plan incorporating
this condition must be submitted and approved by the Planning
Department prior to final site plan approval. Landscaping
material shall be placed on the parla'ng lot side of the ditch.
All natural vegetation in the area between the soccer fields and
the residential lots shall remain to provide a buffer. The area
between Field #1 and the lots on Grey Dove Lane is not heavily
wooded. The area on the residential side of the lease line shall
be reforested. The area between Field #7 and Lots #17, 18 and
19 on Sherman Oaks Avenue is not vegetated. The area on the
residential side of the lease line shall be reforested.
5. Hours of operation for the proposed soccer complex shall be
limited to Sunrise to 11 PM.
August 8, 1995
]rem IV-L. 8.
PUBLIC HEARING
ITEM # 39614 (Continued)
PLANNING
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of August. Nineteen
Hundred and Nine~_ -Five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
]tern IV-L. 9.
PUBLIC HEARING
ITEM # 39615
PLANNING
Attorney Charles M. Salle; 192 Ballard Court, Phone: 490-3000, represented the applicant
Upon motion by Councilman Dean, seconded by Councilman Baurn, City Council ADOPTED an
Ordinance upon application o/HERBERT E. and EVELYN K. DUGRO0 for a Conditional Change o_f
Zoning District Classification:
ORDINANCE UPON APPLICATION OF HERBERT E. & EVELYN
DUGRO0 FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-20 TO 0-1 Z08951461
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Herbert E. & Evelyn K. Dugroo for a
Conditional Change of Zoning District Classificatton from R-20
Residential District to 0-1 Office District on certain property located on
the east side of General Booth Boulevard, 250 feet more or less south of
Ferrell Parkway. The proposed zoning classification change to 0-1 is for
Office land use. The Comprehensive Plan recommends use of this parcel
for single family residential use at densities that are compatible with
single family use in accordance with other plan pohcies. Said parcel
contains 1 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Orchnance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth o_f August. Nineteen
Hundred and Nine~, -Five.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis t~ Jones,
Mayor Meyera E. Oberndo~ Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
· OI~M WO P S lB
·
City o£ Virginia Beach
in Rep~y Refe~ To Our File Iio. DF-95-3907
DATE: July 25, 1995
TO: Leslie L. Lilley DEPT: City Attorney
FROM: William M. Maeali L/LL~/'~ DEPT: City Attorney
Conditional Zoning Application
Herbert E. Dugroo, et ux
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on August 8, 1995. I have reviewed the subject proffer agreement, dated April
10, 1995, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM
Enclosure
HgRBBRT E. DUGRO0
BVEI.~YN K. DUGRO0
TO (COVE~S AND RESTRICTIONS)
CITY OF VIRGINIA BEACH,
a Municipal Corporation of
the Conunonwealth of Virginia
THIS AGIt~EMENT, made this 10th day of April, 1995, between
HERBERT B. DUGRO0 AND EVELYN K. DUGROO, husband and wife,
(collectively the 'Grantor') and CITY OF VIRGINIA BEACH, a
municipal corporation
· Grantee' );
of the Convnonwealth of Virginia, (the
WITNESSETH THAT
WHEI~EAS, the Grantor has initiated an amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition of the
Grantor addressed to the Grantee, so as to change the
classification of the Grantor's property from R-20 Residential
District, to 0-1, Office District on certain property (the
"Property") in Princess Anne Borough, in the City of Virginia
Beach, Virginia, described in Exhibit A attached hereto and made a
part hereof;
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including office
development, through zoning and other land development legislation;
WHEREAS, the Grantor acknowledges that in order to prevent
incompatible land use certain reasonable conditions governing the
use of the Property, in addition to the regulations generally
applicable to land similarly zoned 0-1, are required to cope with
the situation arising out of the grantor's rezoning application;
WHEREAS, the Grantor has voluntarily proffered in writing, in
advance of and prior to the public hearing before the Grantee, as a
part of the proposed amendment to the Zoning Map, in addition to the
regulations provided for the 0-1 zoning district of the Zoning
Ordinance, the following reasonable conditions related to the physical
development and operation of the Property and the Adjacent Property to
be adopted as a part of the amendment to the Zoning Map relative to
the Property, which have a reasonable relation to the use of the
Property as rezoned 0-1 and the need for which is generated by the
rezoning; and
WHEREAS, the conditions having been proffered by the Grantor and
allowed and accepted by the Grantee as part of the amendment to the
Zoning Ordinance, such conditions shall continue in full force and
effect until a subsequent amendment changes the zoning on the
Property; provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequentamendment is
part of a comprehensive implementation of a new or substantially
revised zoning ordinance, unless, notwithstanding the foregoing, these
conditions are amended or varied by written instrument recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time
of recordation of such instrument; provided, further, that the
instrument is consented to by the Grantee in writing as evidenced by
a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the
Grantee advertised pursuant to the provisions of the Code of Virginia,
Section 15.1-431, which said ordinance or resolution shall be recorded
along with said instrument as conclusive evidence of such consent~
NOW, TH~EPOU, the Grantor, for itself, its successors, assigns,
grantees, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or~tL~Pro~M~
for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and
restrictions as to the physical development and operation of the
Property and governing the use thereof and hereby covenants and agrees
that this declaration shall constitute covenants running with the
Property which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantor, their heirs,
personal representatives, assigns, grantees and other successors in
interest or title, namely:
1. The property shall only be used for the following principal
uses and their accessory uses and structures:
a. Business offices;
b. Medical and dental offices and clinics and
laboratory; legal, engineering, architectural
and other professional offices; accounting
and bookkeeping offices;
c. Florist retail.
2. Access to the Property from General Booth Boulevard shall be
in accordance with the Deed of Easement and Agreement dated December
16, 1991 and recorded in the Office of the Clerk of the Circuit Court
of the City of Virginia Beach in Deed Book 3055 at Page 2018, except
that as long as the Property is only used for residential purposes,
access to General Booth Boulevard shall be allowed at the existing
curb cut.
3. Lighting on the Property shall be directed inward and not
toward surrounding property.
4. The existing residential structure shall be maintained and
exterior improvements of any structure located on the Property will be
constructed and maintained in a manner aesthetically compatible with
adjoining residential uses and with Nimmo Church.
5. The Property shall be developed in accordance with the Site
Plan filed with the Planning Department entitled 'Rezoning Exhibit
Property of Herbert E. & Evelyn K. Dugroom, dated March 29, 1995,
prepared by The TAF Group and exhibited before the Planning
Commission.
6. Any free standing sign will be a monument sign and will be
lighted from the exterior.
7. Further conditions may be required by the Grantee during
detailed site plan and/or subdivision review and administration of
applicable city codes by all co(jnizant City agencies and departments
to meet all applicable city code requirements.
Ail references hereinabove to zoning districts and to regulations
applicable thereto refer to the Comprehensive Zoning Ordinance of the
City of Virginia Beach, Virginia, in force as of the date the
conditional zoning amendment is approved by the Grantee.
The Grantor covenants and agrees that the Zoning Administrator of
the City of Virginia Beach, Virginia, shall be vested with all
necessary authority on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing
conditions, including (i) the ordering in writing of the remedying
of any noncompliance with such conditions, and (ii) the bringing of
legal action or suit to insure compliance with such conditions,
including mandato~ or prohibito~ injunction, abatement, damages
or other appropriate action, suit or proceedings. The failure to
comply with all conditions shall constitute cause to deny the
issuance of the required building or occupancy permits as may be
appropriate. If aggrieved by any decision of the Zoning
Administrator made pursuit to the provisions, the Grantor shall
petition the gove~ing body for the review thereof prior to
instituting proceedings in court. Appropriate symbols may be noted
on the zoning map to indicate the existence of conditions attaching
to the zoning of the Property. The ordinance and the conditions may
be made readily available and accessible for public inspection in
the Office of the Zoning Administrator and in the Planning
Department and that they may be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and
indexed in the name of the Grantor and Grantee.
WITNESS the following signatures and seals.
Herbert E. I:mgroo ~
Evelyn F~ D;dgroo (~
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, the undersigned, a Nota~ Public in and for the City and
State aforesaid, do hereby certify that Herbert E. Dugroo and
Evelyn K. Dugroo, whose names are signed to the foregoing
instrument bearing date on the 10th day of April, 1995, have
acknowledged the same before me in my City and State aforesaid.
Notary Public
~XHIBIT A
ALL THAT certain parcel of real property situate in the City
of Virginia Beach, Virginia, and designated as lot "B" on that
certain plat entitled "SUBDIVISION OF PROPERTY OF CHARLES C.
HICKMAN ET UX" and recorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach, Virginia, in Map Book
146 at Page 44.
]tern IV-L. iO.
PUBLIC HEARING
ITEM # 39616
PLANNING
Correspondence of August 3, 1995, from Attorney R. J. Nutter, II, requesting DEFERRAL until the City
Council Session of September 12, 1995, is hereby made a part of the record.
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council DEFERRED until
the City Council Session of September 12, 1995, an Ordinance upon application of THOMAS R.
GIROUX (British-European Anticlue Imports, Ltd.) for a Change of Zoning:
ORDINANCE UPON APPLICATION OF THOMAS R. GIROUX
(BRITISH-EUROPEAN ANTIQUE IMPORTS LTD ) FOR ,4 CHANGE
OF ZONING DISTRICT CLASSIFICATION
Ordinance upon application of Thomas R. Giroux (British-European
Antique Imports Ltd.) for a Change of Zoning District Classification from
I-1 Light Industrial District to Conditional B-2 Community Business
District on the south side of Dean Drive, east of Lynnhaven Parkway. The
proposed zoning classification change to B-2 is for commercial land use.
The Comprehensive Plan recommends use of this parcel for industrial use
in accordance with other Plan policies. Said parcel is located at 2645
Dean Drive and contains 2.450 acres.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
- 47 -
Item IV-L. 11.
PUBLIC HEARING
ITEM # 39617
PLANNING
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED the
Application of SEELAKE ASSOCIATES, a Virginia General Partnership for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all lots created by subdivision meet all requirements
of the City Zoning Ordinance re side yard setback; AND, ADOPTED an Ordinance for a Change of
Zoning:
AND,
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Or&nance, Subdivision for Seelake
Associates, a Virginia General Partnership. Property is located at 341
Edwin Drive. KEMPSVILLE BOROUGH.
ORDINANCE UPON APPLICATION OF SEELAKE ASSOCIATES, ,,1
VIRGINIA GENERAL PARTNERSHIP FOR ,4 CHANGE OF ZONING
DISTRICT CLASSIFICATION Z08951462
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Seelake Associates, a Virginia General
partnership for a Change of Zoning District Classification from 0-2
Office District to 0-1 Office District on the west side of Edwin Drive,
south of Expressway Drive. The proposed zoning classification to 0-1
is for office land use. The Comprehensive plan recommends use of this
parcel ,for office land use. Said parcel is located at 341 Edwin Drive and
contains 1.47 acres. KEMPSVILLE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth o_f August. Nineteen
Hundred and Ninety-Five.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
August 8, 1995
]tern IV-L. 12.
PUBLIC HEARING
ITEM # 39618
PLANNING
Upon motion by Councilman Harrison, seconded by Council Lady Parker, Ctty Council ADOPTED an
Ordinance upon application of DALE CULVER HENNING for a Change of Zoning:
ORDINANCE UPON APPLICATION OF DALE CULVER HENNING
FORA CHANGE OF ZONING DISTRICT CLASSIFICATION Z08951463
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Dale Culver Henning for a Change of
Zoning District Classification from AG-2 Agricultural District to R-20
Residential District on certain property located on the north side of
Culver Lane, 462.91 feet west of Mulholland Drive. The proposed zoning
classification change to R-20 is for single family residential land use on
lots no less than 20,000 square feet. The Comprehensive Plan
recommends use of this parcel for suburban high density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Smd parcel is located at 1160 Culver Lane and
contains 1 acre. PRINCESS ANNE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eighth of August, Nineteen
Hundred and Nine~_ -Five.
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
August 8, 1995
- 49 -
]tern IV-M.
APPOINTMENTS
ITEM # 39619
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ADVERTISING AGENCY SELECTION COMMITTEE
DEVELOPMENT AUTHORITY
PARKS AND RECREATION COMMISSION
PUBLIC LIBRARY BOARD
WE TLANDS BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
August 8, 1995
- 50 -
Item IV-P.
.ADJOURNMENT
ITEM # 39620
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:18 P.M..
Beverly O. Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
August 8, 1995