JULY 9, 1996
@f @r-ggi@icA
"WORLD'S LARGEST RESORT CffY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At-Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH, III, Virginia Beach Borough
WILLIAM W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
REBA S. McCLANAN, Princess Anne Borough
NANCY K. PARKER, At-Large
LOUISA M. STRAYHORN, Kempsville Borough
Gin H@ BUIWINO
JAMES K. SPORE, City Council CITY COUNCIL AGENDA 201 COURTHOU@ DRIVE
LESLIE L. LILLEY, City Manager VIRGINIA MACH, VIRGIN14 2,3456 9W,5
RUTH HODGES SMITH, CMC/AAE, City Clerk f 7571 427.@,?03
July 9, 1996
I. AGENDA REVIEW SESSION - Conference Room - 12:NOON
II- CITY COUNCIL CONCERNS
III. INFORMAL SESSION - Conference Room - 1:00 PM
A. CALL TO ORDER - Vice Mayor William D. Sessoms, Jr.
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Vice Mayor William D. Sessoms, Jr.
B. INVOCATION: Reverend Lemont Brown, Sr.
Mount Olive Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS July 2, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. RESOLUTION
1. Resolution re the Major Investment Study for the Route 44/I-
264 Corridor (TTDC Light Rail); that the Planning Commission
include Light Rail as an issue to be considered in the process
of amending the City's Comprehensive Plan; and, that the City
Manager direct an analysis of the Light Rail alternative to
meet the strategic needs of the City. (Deferred 6/11/96)
J. ORDINANCES
1. Ordinances re amendments to the City Code:
a. Sections 6-122.1 and 6-122.2; and, ADD Section 6-122.01
re operation of watercraft by persons under the age of
twenty-one (21) after consuming alcohol.
b. Section 21-315 re disregarding a police officer's signal
to stop, bringing the City Code into conformance with new
changes to the state law.
2. Ordinance to authorize the City Manager to enter into an
agreement with Southeastern Public Service Authority (SPSA) re
reimbursement of costs associated with the expansion of Phase
2A of the Virginia Beach Landfill No. 2 and proceed with the
bid award.
3. Ordinance to APPROPRIATE $450,000 additional revenue from the
Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 1996-1997 Operating Budget in support of the
FEMA Urban Search and Rescue Team, Virginia Task Force No. 2,
re personnel, equipment and supplies used in support of the
Team's activities re security plan for the Olympic Games in
Atlanta; and, estimated Federal revenues be increased
accordingly.
4. Ordinances re grant matches from the FY 1996-1997 General Fund
Reserve:
a. Chesapeake Bay Local Assistance Department:
(1) APPROPRIATE $30,000 grant, TRANSFER $15,782
matching funds re continued funding of a full time
temporary Civil Engineer I position within the
Department of Planning.
(2) APPROPRIATE $25,000 grant, TRANSFER $17,929
matching funds re continued funding for a full time
temporary Environmental Planner I position within
the Department of Planning.
b. Virginia Department of Environmental Quality:
(1) APPROPRIATE $20,000 grant, TRANSFER $10,000
matching funds re creation of a full time temporary
Planning Technician I position within the
Department of Planning.
5. Ordinance to declare EXCESS PROPERTY and authorize the
conveyance of approximately five hundred square feet (0.01
acre) on Rosemont Road near the intersection of Landstown Road
with conditions of conveyance. (Requested by Thomas M. and
Julia D. Tye with a subsequent dedication of a sixty-six (66)
foot right-of-way to the City when the property is developed)
(PRINCESS ANNE BOROUGH).
6. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
Hollywood Limousines, Inc.
K. PUBLIC HEARING - PLANNING 3:00 PH
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. Petition of R. LEWIS BOGGS for the discontinuance, closure and
abandonment of the following (VIRGINIA BEACH BOROUGH):
a. Portion of Baltic Avenue beginning at a point 300 feet
South of Laskin Road and running in a Southwesterly
direction along the Eastern property line a distance of
842.52 feet more or less to the Western boundary of Holly
Road, containing 1.131 acres.
b. Parcel 1: Alleyway located between 29th and 30th.trogt.s.
beginning at the Western boundary of Arctic Avenue and
running in a Westerly direction to the Eastern boundary
of Holly Road.
C. Parcel 2: Alleyway located 140.15 feet North of 27th
Street beginning at the Eastern boundary of Holly Road
and running 49.93 feet in an Easterly direction (Parcels
I and 2 contain 6086.45 square feet).
Approved, subject to compliance: January 9, 1996
Recommendation: ADDITIONAL 180 DAYS DEFERRAL
2. Petition of POTTER'S ROAD INVESTMENT GROUP for the
discontinuance, closure and abandonment of a portion of
Potters Road beginning at the Southeast intersection of
Potters Road and Wesley Drive and running in an easterly
direction a distance of 270 feet more or less, containing
6,577.56 square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
3. Application of JOHN E. HAWKINS for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires newly
created lots meet all requirements of the City Zoning
Ordinance and Section 4.4(d) which requires that all lots
created have access to a public street, at 3009 Little Haven
Road (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
4. Application of RETIREMENT UNLIMITED, INC., for a Conditional
Use Permit for a home for the aged on the South side of Shore
Drive beginning at a point 638.47 feet West of Baylake Road,
containing 5.09 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
5 Application of PCS PRIMECO, L.P., for a Conditinnal Use Permit
for a communication tower (extension to existing tower) South
of Thurston Avenue beginning at a point 50 feet more or less
West of Baker Road (1393 Baker Road), containing 2.743 acres
(BAYSIDE BOROUGH).
Recommendation: APPROVAL
6. Application of PRIMECO PERSONAL COMMUNICATIONS, L.P., for a
Conditional Use Permit for a communination tower on the East
side of North Landing Road at its intersection with Princess
Anne Road (2401 North Landing Road), containing 3.97 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
7. Applications of WIRELESS PCS INC., agent for AT & T Wireless
PCS Inc., for rnntiit-innal URP- PAymitst for rooftop unmanned
communication facilities:
a. At the Northeast corner of Parks Avenue and 20th Street
(2101 Parks Avenue), containing 3.1 acres (VIRGINIA BEACH
BOROUGH).
b. On the North side of Shore Drive, West of Beech Street
(2816 Shore Drive), containing 1.42 acres (LVMAVEN
BOROUGH).
C. At the Northeast intersection of Page Avenue and Cherry
Tree Place (3288 Page Avenue), containing 5.2 acres
(LYNNH"EN BOROUGH).
Recommendation: APPROVAL
8. Application of GRACE COVENANT PRESBYTERIAN CHURCH OF PRINCESS
ANNE for a Conditinnal Ilse Permit for a church on the North
side of Princess Anne Road beginning at a point 90 feet more
or less West of Crossroad Trail, containing 4.258 acres
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
9. Application of OUTDOOR OF VIRGINIA BEACH CONDOMINIUM
ASSOCIATION, INC., for a Conditinnal . Permit for a
Recreational Vehicle Resort to add individual docks at the
Northwest intersection of Sandpiper Road and Whitecap Lane
(3665 Sandpiper Road), containing 65.573 acres (PUNGO
BOROUGH).
Recommendation: APPROVAL
10. Application of ELECTRONIC SYSTEMS, INC., for a Change nf
Zoning District Classification from O-2 Office District to
Conditional I-1 Light Industrial District on the South side of
Expressway Drive, 385 feet more or less Southeast of the
easternmost right-of -way line of Southport Circle, containing
5.67 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
11. Application of THE FRANCISCUS COMPANY, INC., for an AMENDMENT
to a 30-acre site of the Green Run Land Use Plan re
REDESIGNATION of 7.5 acres from multiple family to commercial
or multiple family on the North side of Princess Anne Road,
400 feet more or less East of South Independence Boulevard,
containing 30 acres (KEMPSVILLE BOROUGH).
Deferred Indefinitely: January 9, 1996
Recommendation: APPROVAL
L. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
0. ADJOURNMENT
COUNCIL RECESS
JULY 10 31, 1996
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
07/03/96BAP
AGENDA\07-09-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
July 9, 1996
Vice Mayor William D. Sessoms called to order the CITY MANAGER'S BRIEFING for the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 9, 1996, at
12:NOON.
Council Mepnbers Present.
John A Baum, Harold Heischober, Louis P, Jones, Reba S. McCianan,
Nancy K Parker, Vice Mayor William D. Sesso?=, Jr. and Louisa M.
Strayhom
Council Members Absent.
Mayor Meyera E. Oberndorf [HAWAII CELEBR4 TING 35th ANN@R&4RY]
Linwood 0. Branch, III [ENTERED: 12:13 P.M.]
William W Har-rison, Jr. [ON FAMILY VACATION]
Barbara M. Henley [ENTERED: 12:05 P.M.]
2
AGENDA REVIEW SESSION
12 NOON
ITEM # 41008
The City Attorney advised relative:
J-1 Ordinances re amendments to the City Code:
a. Sections 6-122.1 and 6-122.2; and, ADD Section 6-122.01 re
operation of watercraft by persons under the age of twenty-
one (21) after consuming alcohol.
b. Section 21-315 re disregarding a police officer's signal to
stop, bringing the City Code into conformance with new
changes to the state law.
Amendments to the City Code relative operation of watercraft reflect changes adopted by the General
Assembly.
The second Code Amendment re disregarding a police officer's signal to stop: The City Attorney advised
a policy is in place in the Police Department requiring an unmarked car to be operated by a Police
Offlcer in full uniform at all times. The General Assembly has already passed this legislation. 77te City
usually auejnpts to parallel the State legislation.
ITEM # 41009
Council Lady Henley inquired relative the reason these items were not contained within the Budget:
J.4 Ordinances re grant matches from the FY 1996-1997 General
Fund Reserve:
a. Chesapeake Bay Local Assistance Department:
(1) APPROPRIATE $30,000 grant TRANSFER $15,782 matching
funds re continued funding of a full time temporary Civil
Engineer I position within the Department of Planning.
(2) APPROPRIATE $25,000 grant TRANSFER $17,929 matching
funds re continued funding for a full time temporary
Environmental Planner I position within the Department of
Planning.
b. Virginia Department of Environmental Quality:
(1) APPROPRIATE $20,000 grant TRANSFER $10,000 matching
funds re creation of a full time temporary Planning Technician
I position within the Department of Training.
Robert J. Scott, Director of Planning, advised these positions were not included in the Budge4 as they
were not aware during preparation this grant opportunity would be available. An individual has been
filling one of the above positions, but has been transferred to Public Utilities as a fulltime employee.
Council Lady Henley inquired if these type of grant positions are always filled by reserve funds. The City
Manager advised the only other alternative would to assume the City will receive every grant for which
it applies. The City Manager advised this is the General Fund Reserve, and not the Reserve for
Contingencies.
July 9, 1996
3
AGENDA RE VIEW SESSION
ITEM # 41010
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
J.1 Ordinances re amendments to the City Code:
a. Sections 6-122.1 and 6-1222, and ADD Section 6-122.01 re
operation of watercraft by persons under the age of twenty-
one (21) after consuming alcohol
b. Section 21-315 re disregarding a police officer's signal to
stop, bringing the City Code into conformance with new
changes to the state law.
J2 Ordinance to authorize the City Manager to enter into an
agreement with Southeastern Public Service Authority (SPSA)
re reimbursement of costs associated with the expansion of
Phase 2A of the Virginia Beach Landfill No. 2 and proceed
with the bid award.
J.3 Ordinance to APPROPRIATE $450,000 additional revenue
from the Federal Emergency Management Agency (FEMA) to
the Fire Deparhnent's FY 1996-1997 Operating Budget in
support of the FEMA Urban Search and Rescue Team, Virginia
Task Force No. 2, re personnel, equipment and supplies used
in support of the Team's activities re security plan for the
Olympic Games in Atlanta; and estimated Federal revenues be
increased accordingly.
J.4 Ordinances re grant matches from the FY 1996-1997 General
Fund Reserve:
a. Chesapeake Bay Local Assistance Department:
(1) APPROPRIATE $30,000 grant TRANSFER $15,782 matching
funds re continued funding of a full time temporary Civil
Engineer I position within the Department of Planning.
(2) APPROPRIATE $25,000 grant TRANSFER $17,929 matching
funds re continued funding for a full time temporary
Environmental Planner I position within the Department of
Planning.
b. Virginia Department of Environmental Quality:
(1) APPROPRIATE $20,000 grant TRANSFER $10,000 matching
funds re creation of a full time temporary Planning Technician
I position within the Department of Training
K5 Ordinance to declare EXCESS PROPERTY and authorize the
conveyance of approximately five hundred square feet (0.01
acre) on Rosemont Road near the intersection of Landstown
Road with conditions of conveyance. (Requested by Thomas M.
and Julia D. Tye with a subsequent dedication of a sixty-six
(66) foot right-of-way to the City when the property is
developed) (PRTNCESS ANNE BOROUGH).
K6 CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY.-
Hollywood Limousines, Inc.
July 9, 1996
- 4 -
AGENDA REVIEW SESSION
ITEM # 41011
Vice Mayor Sessom advised he spoke with Mr. Caffee who had registered in OPPOSITION, and advised
the applicant had requested DEFERRAL. Councilman Jones advised of another couple, Mr. and Mrs.
Davis, who will probably wish to speak in OPPOSITION.
K3 Application of JOHN E. HAWKINS for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires newly
created lots meet all requirements of the City Zoning Ordinance
and Section 4.4(d) which requires that all lots created have
access to a public street, at 3009 Little Haven Road
(LYNNHAVEN BOROUGH).
This item will be DEFERRED until the City Council Session of August 13, 1996.
ITEM # 41012
Unless there are individuals registered to speak the following item shall be a part of the CONSENT
AGENDA:
K4 Application of RETIREMENT UNLIMITED, INC., for a
Conditional Use Permit for a home for the aod on the South
side of Shore Drive beginning at a point 638.47 feet West of
Bayl4ke Road, containing 5.09 acres (BAYSIDE BOROUGH).
ITEM # 41013
Council Lady McClanan advised she had requested information from the Planning Department relative:
K6 Application of PRIMECO PERSONAL COMMUNICATIONS,
L.P., for a Conditional Use Permit for a c@ication tower
on the East side of North Landing Road at its intersection with
Princess Anne Road (2401 North Landing Road), containing
3.97 acres (PRINCESS ANNE BOROUGH).
ITEM # 41014
Council Lady McClanan advised concerns relative the landscaping not being depicted..
K8 Application of GRACE COVENANT PRESBYTERIAN
CHURCH OF PRINCESS ANNE for a Conditional Use
Permit for a church on the North side of Princess Anne Road
beginning at a point 90 feet more or less West of Crossroad
Trail, containing 4.258 acres (PRINCESS ANNE BOROUGH).
ITEM # 4]OIS
Council Lady Henley requested a copy of the site plan concerning this application.
K9 Application of OUTDOOR OF VIRGINIA BEACH
CONDOMINIUM ASSOCIATION, INC., for a Conditional
Use Permit for a Recreational Vehicle Resort to add individual
docks at the Northwest intersection of Sandpiper Road and
nitecap Lane (3665 Sandpiper Road), containing 65.573 acres
(PUNGO BOROUGH).
July 9, 1996
- 5 -
AGENDA REVIEW SESSION
ITEM # 41016
Council Members Henley and Parker had concerns:
Kll Application of TRE FRANCISCUS COMPANY, INC., for an
AMENDMEA7 to a 30-acre site of the Green Run Land Use
Plan re REDESIGNA77ON of Z5 acres from multt]ple family to
commercial or multiple family an the North side of Princess
Anne Road, 400 feet more or less East of South Independence
Boulevartt containing 30 acres (KEMPSITLLE BOROUGH).
ITEM # 41017
BY CONSFNSUS, the following items shall compose the PLANNING BY CONSEIVT AGEIVDA:
KI Petition of R LEWIS BOGGS for the discontinuance, c@
and abandonment of the following (VIRGINL4 BEACH
BOROUGH):
a. Portion of Baltic Avenue beginning at a point 300 feet South of
Laskin Road and running in a Southwesterly direction along the
Eastern property line a distance of 84252 feet more or less to
the Western bounda?y of Holly Road, containing 1.131 acres.
b. Parcel 1: All@y located between 29th and 30th Streets
beginning at the Western boundary of Arctic Avenue and
running in a Westerly direction to the Fastern boundary of
Holly Road.
c. Parcel 2: All@y located 140.15 feet North of 27th Street
beginning at the Eastern boundary of Holly Road and running
49-93 feet in an Easterly direction (Parcels I and 2 contain
6086.45 square feet.)
K2 Petition of POITF-R'S ROAD @STMENT GROUP for the
discontinuance, closure and abandonment of a portion of
Potters Road beginning at the Southeast intersection of Potters
Road and Wesley Drive and running in an easterly direction a
distance of 270 feet more or less, containing 6,577.56 square
feet (LYNNHAVEN BOROUGH).
K3 Application of JOHN E. HA RUNS for a Va@ce to Section
4.4(b) of the Subdivision Ordinance which requires newly
created lots meet all requirements of the City Zoning Ordinance
and Section 4.4(d) which requires that all lots created have
access to a public street, at 3009 Little Haven Road
(LYNNHAVEN BOROUGH).
K5 Application of PCS PRIMECO, L.P., for a Conditional Use
Pernat for a communication tower (extension to e=ting tower)
South of 7hurston Avenue beginning at a point 50 feet more or
less West of Baker Road (1393 Baker Road), containing 2 743
acres (RAYSIDE BOROUGH).
July 9, 1996
- 6 -
AGENDA REVIEWSESSION
ITEM # 41017 (Continued)
K7 Applications of WIRELESS PCS INC., agent for AT & T
Wireless PCS Inc., for Conditional Use Permits for rooftop
unmanned communication facilities:
a. At the Northeast corner of Parks Avenue and 20th Street (2101
Parks Avenue), containing 3.1 acres (VIRGINLI BEACH
BOROUGH).
b. On the North side of Shore Drive, West of Beech Street (2816
Shore Drive), containing 1.42 acres (LYNNHAVEN
BOROUGH).
c. At the Northeast intersection of Page Avenue and Cherry Tree
Pl"e (3288 Page Avenue), containing 5.2 acres
(LYNNHAVEN BOROUGH).
K9 Application of OU7DOOR OF VIRGINL4 BEACH
CONDOMINIUM ASSOCLITION, INC., for a Conditional Use
Permit for a Recreational Vehicle Resort to add individual
docks at the Northwest intersection of Sandpiper Road and
*hitecap Lane (3665 Sandpiper Road), containing 65.573 acres
(PUNGO BOROUGH).
KIO Application of ELECTRONIC SYSTEMS; INC., for a ChangC
QC Zoning District lion from 0-2 WM District to
Con&donal I-] Light Indus@l District on the South side of
Fxpressway Drive, 385 feet more or less Southeast of the
easternmost right-of-way line of Southport Circle, containing
5.67 acres (KEMPSFILLE BOROUGH).
**Ite,m K3. will be DEFERRED BY CONSENT until the City Council Session of August 13, 1996.
July 9, 1996
- 7 -
CITY COUNCIL CONCERNS
12:18 P.M.
ITEM # 41018
Council Lady Parker referenced the news article relative the fund-raiser tonight for the injured police
officer, Rich Dinapoli. Council Lady Parker expressed concern relative the medical expenses and coverage
by the City's insurance. 7he City Manager will investigate.
ITEM # 41019
Councibnan Branch referenced areas with existing zoning that do not conform to the Comprehensive
Plan. Councibnan Branch requested the City Attorney research the accomplishments of other localities
and methods the City could employ to assist individuals in changing zoning in order to comply with the
Comprehensive Plan.
Robert J Scou, Director of Planning, advised the key would be to place a better alternative zoning before
the owners of said properties. 7he majority of zoning remains fi-om Princess Anne County days by
Legislators who could not possibly have foreseen the issues faced by this Council in 1996. Alternatives
should be provided to propeny owners that work better than the existing zoning. 7he City Council is going
to be encouraged to broaden their range of 'tools". 7he City Counci4 staff and public are all comfortable
utilizing Conditional Zoning, Subdivision Ordinance, etc.
An outline relative these suggestions will be provided to City Council during the RETRF,4T Specifics
relative some of the properties can also be discussed A pro-active rather than reactive approach is
suggested 7hese shall be linked with alternatives and destination points already identified
ITEM # 41020
Council Lady Parker referenced the correspondence rela&e Summer Shakes, Inc. expressing a strong
protest to the circumstances which led to their change of venue. Summer Shakes is a nonprofit
organization which was created to provide family entertainment of high quality for the Hampton Roady
Community. In Jiznuary, Summer Shakes received a letter of commibnent from Beach EventsICellar Door
for two productions at the 24th Stage. When the formal contract arrived some four months later, a key
provision had been changed Unlike previous agreements, the 1996 agreement included the stimulation that
Summer Shakes would not be pai4 if bad weather prevented a production. 77tis provision rendered their
position impossible, the commitments required to mount full productions (complete set, costumes, lighting
cas4 etc) could not be honored under those circumstances. Although other venues have been produced
in the past, such as '&ar-Spangled Girl' they were offered no option but to provide Shakespeare. Beach
EventsICellar Door subsequently agreed to pay 40% of the fee, but that concession was likewise
inadequate and they were forced to cancel both productions and abandon all activities at 24th Street
Stage.
Council Lady Strayhorn advised this was a contract negotiation difference of opinion. Everyone was
@ng forward to this event. 77te City attempts to be as fair as possible.
ITEM # 41021
Councibnan Baum refernced the Business Weekly article of July 6, 1996, entitled 'Some PoderalRuks
dw are Just Plain Stupid". Copies of said article were distributed to members of City Council. 7he
specific section the Army Corps of Engineers uses as a basis for regulating wetlands addresses only
navigabk wafers which the Corps has now determined includes wetlands - - "en dmgh these obviously
are not navigable. Councibnan Baum advised Wetian& ranks first in this list of the 10 Worst Regulations
of the Federal Government.
July 9, 1996
- 8 -
ITEM # 41022
Vice Mayor FKlliam D. Sessonw called to order the INFORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 9, 1996, at 12:30 P.M.
Council Members Present.
John A. Baum, Linwood 0. Branc,% III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba 9 McClanan, Nancy K Parker, Vice Mayor
William D Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
July 9, 1996
- 9 -
ITEM # 41023
Vice Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its
EXECUTIVE SESSION, pursuant to Section 21-344, Code of Virginia, as amendett for the following
purpose:
PERSONNEL MATTERS, Discussion or consideration of or intemews
of prospective candidates for employmen4 assignment appoinonent,
promotior4 performance, demotio?; salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wi t.- Appoinhnents - Boards and Commissions:
Health Services Advisory Board
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 - WI t.. Lake Gaston Water Supply Project
PUBLICLY-HELD PROPERTY, Discussion or consideratwn of the
condition, "quisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value ofproperty owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To-;Kt: Siting of Municipal Facilities
Upon motion by Councibnan Baum, Seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIM SESSION,
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
MaYor Meyera E Oberndorf and William W Harrison, Jr
July 9, 1996
- 10 -
FORMAL SESION
"RGINL4 BEACH CITY COUNCIL
July 9, 1996
2:00 P.M.
Vice Mayor William D. Sessom called to order the FORMAL SESSION of the VDtGVVL4 BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 9, 1996, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba 9 McCianan, Nancy K Parker, Trice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent.
Mayor Meyera E. Oberndorf [HAWAII CELEBRATING 35th
ANNIVERSARY]
William W Harrison, Jr. [ON F"ILY VACATION]
INVOCATION.- Reverend Lemont Brown, Sr.
Mount Olive Baptist Church
PLEDGE OF ALLEGL4NCE TO THE FLAG OF THE UNITED STATES OF "ERic4
July 9, 1996
Item V-E.
CER77FICATION OF
EXECUTIVE SESSION
ITEM # 41024
Upon motion by CounciLnan Jones, seconded by Council Lady Strayhorn, City Council CER77F]ED
ME EXECUT" SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
@ public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies,
AND,
O* such public business matters as were identified in the motion
convening the Fxecutive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S. McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and Mlliam W Harrison, Jr.
July 9, 1996
RESOLUTION
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CYFY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in rMM # 41023 Page No. 9 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, THEREFORK BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council. I
City Clerk July 9, 1996
- 12 -
item V-El.
MINUTES ITEM # 41025
UPon motion bY Council Lady Strayhorn, seconded by Councibnan Brancl; City Council APPROVED,
the Minutes of the INFORMAL AND FORAL4L SESSIONS of July Z 1996.
Voting: 9-0
Council Members Voting Aye:
John A. Ba@ Linwood 0. Branc); III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McCianan, Nancy K Parker, Pice Mayor
Wzlliam D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
MaYor Meyera E. Oberndorf and William W Harrison, Jr,
July 9, 1996
- 13 -
Item V- G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 41026
BY CONSENSUS, City Council ADOPTED.-
AGENDA FOR THE FORAL4L SESSION
July 9,1996
- 14 -
Item V-Li.
RESOLUTIONS ITEM # 41027
The following spoke in SUPPORT of light rail:
Grigsby Scifres, Chairman of the Board/Hampton Roads Chamber of Commerce/Virginia Beach Division,
Phone: 664-2575, reiterated the support of the Chamber of Commerce and the Virginia Beach Business
Community and requested DEFERRAL.
Cyndy Bourquard, 3113 Lynn Acres Road, President - Hampton Roads Public Transportation Alliance
The following spoke in OPPOSITION to light rail:
Richard Robertson, 5544 Parliament Drive
W. Thomas Sawyer, 1461 Carolyn Drive, Phone: 428-9255
David Silverman, 4002 Thomas Jefferson Drive, Phone: 486-6853
Jane Whitney, Director/Project Manager - Tidewater Regional Transit, responded to City Council's
concerns.
Council Lady Strayhorn read into the record the letter of Rear Admiral R. S. Cole, Commander - Naval
Base, Norfolk. Said letter strongly supported a connection to the Norfolk Naval Base in the first phase
of the Light Rail and is hereby made a part of the record.
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council DEFERRED
INDEFINITELY.
Resolution re the Major Investment Study for the Route 44/I-264
Corridor (TTDC Light Rail):
The Major Investment Study (MIS) is modified to include spurs
to the Naval Base and the Airport in the first phase.
The MIS Modffied to include consideration of grade separations
at Newtown Road, Witchduck Road, Rosemont Road, Birdneck
Road, Lynnhaven Parkway and Oceana Boulevard
The City of Norfolk by action of its City Council agrees to
include the Naval Base and Airport spurs in Phase I and agrees
to include the purchase of the alignment in Phase I of the
project.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood a Branc,% III, Harold Heischober, Barbara M.
Henley, Louis P- Jones, Reba S McCianan, Nancy K Parker, kz'ce Mayor
William D. Sessopm, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
MaYor Meyera E OberndDrf and William W Harrison, Jr
City Council RECESSED at 3:45 P.M. to 4:00 P.M. to clarify the MOTION.
July 9, 1996
- 15 -
item V-Ll,
RESOLUTIONS ITEM # 41027 (Continued)
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council RECONSIDERED
PREVIOUS MOTION re Resolution re the Major Investment Study for the Route 44/I-264 Corridor
(TTDC Light Rail).
Voting: 9-0
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branc& III, Harold Heischober, Barbara M.
Henley, Louis P, Jones, Reba 9 McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
THIS RECONSIDERATION was heard at the end of the FORMAL AGENDA.
July 9, 1996
- 16 -
itein Y-Li.
RESOLUTIONS ITEM # 41027 (Cantinued)
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council DEFERRED
INDEFINITELY UNTIL:
Resolution re the Major Invesonent Study for the Route 44/I-264
Corridor (TTDC Light Rail) is modified as follows:
1. The Major Investment Study (MIS) is modified to include
alternative connections to the Norfolk Airport and NorfoLk
Naval Base.
2. The City of Norfolk by resolution of its Council concurs in this
modification and approves inclusion of light rail service to the
NorfoLk Airport and NorfoLk Naval Base.
3. Tidewater Transportation District Commission (TTDC) agrees
that acquisition of right-of-way for the connections to the
Norfolk Airport and Norfolk Naval Base will be included in
Phase I of any project.
4. TTDC agrees to include elevated grade crossing assessments
for all major intersections along the light rail/Virginia Beach -
Norfolk Corridor in the Draft Environmental Impact Statement
(DEIS),
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, Harold Heischober, Barbara M
Henley, Louis R Jones, Reba S. McClanan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhom
Council Members Vofing Nay:
None
Council Members Absent.-
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
THIS RECONSIDERATION was heard at the end of (he FORMAL AGENDA.
July 9, 1996
- 17 -
item V-J.
CONSEAT AGENDA
ORDEVANCES ITEM # 41028
Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council APPROVED
in ONE MOTION Ordinances 1, 2, 3, 4, 5 and 6 of the CONSENT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branc/4 III, Harold Heischober, Barbara M.
Hen@, Louis R Jones, Reba S. McCiaman, Nancy K Parker, Vice Mayor
William D. Sessorm, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent,
Mayor Meyera E. Obemdorf and William W Harrison, Jr.
July 9, 1996
- 18 -
item V-Jl.
CONSENT AGENDA
ORDINANCES ITEM # 41029
Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances re amendments to the City Code:
a. Sections 6-122-1 and 6-122.2; and ADD Section 6-122.01 re
operation of watercraft by persons under the age of twenty-
one (21) after consuming alcohol.
b. Section 21-315 re disregarding a police officer's signal to
stop, bringing the City Code into conformance with new
changes to the state law.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S. McClanan, Nancy K Parker, Vice Mayor
William D. Sessom, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E Obemdorf and William W Harrison, Jr
July 9, 1996
1
2 AN ORDINANCE TO AMEND THE CITY CODE
3 BY ADDING NEW PROVISIONS PERTAINING
4 TO THE OPERATION OF WATERCRAFT BY
5 PERSONS UNDER THE AGE OF 21 AFTER
6 CONSUMING ALCOHOL
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 6-122.1 and 6-122.2 of the Code of the City of
10 Virginia Beach, Virginia, are hereby amended and reordained, and
11 Section 6-122.01 is hereby added, to read as follows:
12 Goo. 6-122.01. Persons under age twenty-one operating watercraft
13 after consuming alcohol; penalty.
14 (a) It shall be unlawful for any Person under the age of
15 twenty-one to operate any watercraft or motorboat upon the waters
16 of the commonwealth after consuming alcohol. Any such person with
17 a blood alcohol concentration of 0.02 percent or more by weight by
18 volume or 0.02 grams or more per two hundred and ten (210) liters
19 of breath but less than 0.08 by weight by volume or less than 0.08
20 grams Per two hundred and ten (210) liters of breath as indicated
21 by a chemical test administered in accordance with section 6-122.2
22 shall be in violation of this section.
23 (b) A violation of subsection (a) shall be punishable by
24 denial bv the court of such Person's privilege to operate a
25 watercraft or motorboat for a period of six (6) months from the
26 date of conviction and by a fine of not more than $500. Any person
27 convicted of a violation of this section shall be eligible to
28 attend an Alcohol Safety Action Program under the provisions of
29 section 29.1-73.8.5 of the Code of Virginia, as amended.
30 See. 6-122.1. Analysis of breath to determine alcohol content of
31 blood.
32 Any person who is suspected of a violation of subsection (a)
33 of sections 6-122 or 6-122.01 shall be entitled, if such equipment
34 is available, to have a preliminary breath analysis for the purpose
35 of obtaining an analysis of the probable alcohol content of his or
36 her blood. The procedures and requirements of Code of Virginia,
37 section 18.2-267, shall apply, mutatis mutandis.
38 Sec. 6-122.2. Consent to blood or breath test.
39 (a) Any person who operates a watercraft or motorboat which is
40 underway upon waters of the commonwealth shall be deemed thereby,
41 as a condition of such operation, to have consented to have samples
42 of his or her blood, breath or both blood and breath taken for a
43 chemical test to determine the alcohol, drug or both alcohol and
44 drug content of his or her blood, if such person is arrested for
45 operating a watercraft or motorboat which is underway in violation
46 of subsection (a) of sections 6-122 or 6-122.01, within two (2)
47 hours of the alleged offense. Any person so arrested for a
48 violation of clause (i) or (ii), or both, of section 6-122(a), or
49 for a violation of section 6-122. ol (a) , shall submit to a breath
50 test. If the breath test is not available, or the person is
51 physically unable to submit to a breath test, a blood test shall be
52 given. The accused shall, prior to the administration of the test,
53 be advised by the person administering the test that he/she has a
54 right to observe the process of analysis and to see the blood-
55 alcohol reading on the equipment used to perform the breath test.
56 If such equipment automatically produces a written printout of the
57 breath test result, this written printout, or a copy thereof, shall
58 be given to the accused in each case.
59 (b) Any person, after having been arrested for a violation of
60 clause (iii) or (iv) of section 6-122 (a), or for a violation of
61 section 6-122.01(a), may be required to submit to a blood test to
62 determine the drug or both drug and alcohol content of his or her
63 blood. When a person, after having been arrested for a violation of
64 clause (i) or (ii) , or both, of section 6-122 (a), or for a
65 violation of section 6-122.01(a) , submits to a breath test, in
66 accordance with subsection (a) of this section, or refuses to take
67 or is incapable of taking such a breath test, he/she may be
68 required to submit to tests to determine the drug or both drug and
69 alcohol content of his or her blood if the law-enforcement officer
70 has reasonable cause to believe the person was operating a
71 watercraft or motorboat under the influence of any drug or
72 combination of drugs, or the combined influence of alcohol and
73 drugs.
74 (c) If a person, after being arrested for a violation of
75 subsection (a) of sections 6-122 or 6-122.01 and after having been
2
76 advised by the arresting officer that a person who operates a
77 watercraft or motorboat which is underway upon the waters of the
78 commonwealth shall be deemed thereby, as a condition of such
79 operation, to have consented to have a sample of his or her blood
80 and breath taken for a chemical test to determine the alcohol or
81 drug content of his or her blood, and that the unreasonable refusal
82 to do so constitutes grounds for a court to order him or her not to
83 operate a watercraft or motorboat which is underway upon the waters
84 of the commonwealth, then refuses to permit the taking of a sample
85 of his or her blood or breath or both blood and breath samples for
86 such tests, the arresting officer shall take the person arrested
87 before a committing magistrate. If he/she again so refuses after
88 having been further advised by such magistrate of the law requiring
89 a blood or breath sample to be taken and the penalty for refusal,
90 and so declares again his or her refusal in writing upon a form
91 provided by the Supreme Court of Virginia, or refuses or fails to
92 so declare in writing and such fact is certified as prescribed in
93 Code of Virginia, section 18.2-268.3, then no blood or breath
94 sample shall be taken even though he/she may thereafter request
95 same.
96 (d) When any person is arrested for operating a watercraft or
97 motorboat which is underway in violation of subsection (a) of
98 section 6-122, the procedures and requirements of Code of Virginia,
99 sections 18.2-268.1 through 18.2-268.11 shall apply, mutatis
100 mutandis, to this section.
101 (e) If the court or jury finds the defendant guilty of
102 unreasonably refusing to permit a blood or breath sample to be
103 taken, the court shall order such person not to operate a
104 watercraft or motorboat which is underway for a period of twelve
105 (12) months for a first offense and for twenty-four (24) months for
106 a second or subsequent offense of refusal within five (5) years of
107 the first or other such refusal. However, if the defendant pleads
108 guilty to a violation of subsection (a) of sections 6-122 or
109 122.01, the court may dismiss the refusal warrant.
3
110 Adopted by the City Council of the City of Virginia Beach on
ill this 9th day of July 1996.
112 CA-6381
113 DATA/ORDIN/PROPOSED/6-122ETC.ORD
114 JULY 3, 1996
115 Rl
APPROVED AS TO LEGAL
SUFFICIENCY
ent of Iaw
4
1
2 AN ORDINANCE TO AMEND SECTION 21-315
3 OF THE CITY CODE, PERTAINING TO
4 DISREGARDING A POLICE OFFICER'S
5 SIGNAL TO STOP, BY BRINGING IT INTO
6 CONFORMANCE WITH NEW CHANGES TO THE
7 STATE LAW
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Section 21-315 of the Code of the City of Virginia Beach,
11 Virginia, is hereby amended and reordained to read as follows:
12 See. 21-315. Same--Disregarding signal to stop by police
13 officers.
14 (a) Any person who, having received a visible or audible
15 signal from any law enforcement officer to bring his motor vehicle
16 to a stop, shall operate such motor vehicle in a iii:lful er- willful
17 and wanton disregard of such signal shall be guilty of a class 4
18 misdemeanor.
19 (b) Any person who, having received a visible or audible
20 signal from any law enforcement officer to bring his motor vehicle
21 to a stop, drives such motor vehicle in a willful or wanton
22 disregard of such signal so as to interfere with or endanger the
23 operation of the police vehicle or endanger other property or
24 person, or who shall increase his speed and attempt to escape or
25 elude such police officer, shall be guilty of a Class 1
26 misdemeanor.
27 @c When any person is convicted under this section, in
28 addition to the penalties provided herein, the operator's or
29 chauffeur's license of such person may be suspended by the court or
30 judge for a period not to exceed one year. However, in any case
31 where the speed of the accused is determined to have exceeded the
32 maximum allowed by fifteen (15) miles per hour, where the maximum
33 speed is fifty-five (55) miles per hour or greater, the operator's
34 or chauffeur's license shall be suspended by the court or judge
35 trying the case for a period of not less than ninety (90) days. In
36 case of conviction and suspension, the court or judge shall order
37 the surrender of the license to the court, where it shall be
38 disposed of in accordance with the provisions of Code of Virginia
39 section 46.2-398.
40 Adopted by the City council of the City of Virginia Beach on
41 this 9th day of July 1996.
42 CA-6382
43 DATA/ORDIN/PROPOSED/21-315.ORD
44 JULY 3, 1996
45 Rl
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
2
- 19 -
itm V-J.Z
CONSENT AGENDA
ORDINANCES ITEM # 41030
Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to authorize the City Manager to enter into an agreement with
Southeastem Public Service Authority (SPSA) re reimbursement of costs
associated with the expansion of Phase 2A of the Virginia Beach
Landfill No. 2 and proceed with the bid award.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Sfrayhorn
Council Members Voting Nay:
Non e
Council Members Absent.
Mayor Meyera E. Oberndorf and William W Harrison, Jr
July 9, 1996
I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 ENTER INTO AN AGREEMENT WITH THE SOUTHEASTERN
3 PUBLIC SERVICE AUTHORITY OF VIRGINIA FOR THE
4 REIMBURSEMENT OF COSTS ASSOCIATED WITH THE
5 EXPANSION OF PHASE 2A OF THE VIRGINIA BEACH
6 LANDFILL
7 WHEREAS, City Council has established CIP project 8-933
8 to provide for the expansion of Landfill #2 with funding to be
9 provided by the Southeastern Public Service Authority (hereinafter
10 "SPSA") under the terms of the Agreement for the Disposal of Ash
11 and Process Residue between the City and SPSA;
12 WHEREAS, there is a need to proceed with the development
13 and opening of additional landfill capacity in order for the City
14 to continue to receive ash and residue;
15 WHEREAS, the City has received favorable bids for the
16 development of Phase 2A and it is in the City's interest to proceed
17 with the award of the bid;
18 WHEREAS, SPSA has requested that it be allowed to
19 reimburse the City, with interest, over a period of five (5) years,
20 beginning July 1, 1997, for the full cost of the development and
21 opening of Phase 2A; and
22 WHEREAS, SPSA has agreed to execute an agreement to
23 reimburse the City, and to execute a promissory note or other
24 evidence of indebtedness to secure the agreement;
25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
26 OF VIRGINIA BEACH, VIRGINIA:
27 That the City Manager is hereby authorized to enter into
28 an agreement with SPSA to reimburse the City for the costs of the
29 development and opening of Phase 2A of Landfill #2, in substantial
30 conformance with the agreement attached which is attached hereto as
31 Exhibit A and is hereby incorporated by reference; the City Manager
32 is further authorized to enter into any addenda which may be
33 necessary to provide for reimbursement to the City in the event of
34 change orders or cost overruns.
35 BE IT FURTHER ORDAINED:
3 6 That the City Manager is hereby authorized to proceed
37 with the award of bids for the development of Phase 2A.
38 Adopted by the Council of the City of Virginia Beach,
39 Virginia, on the 9 day of July 1996.
40 CA-6379
41 ORDIN\NONCODE\SPSA.ORD
42 R-3
43 PREPARED: July 3, 1996
0 CONTENT
Department of Finance
APPROVED AS TO LEGAL
SUMCIIENCY
Department of Law
2
EXHIBIT A
AGREEMENT
The Southeastern Public Service Authority (SPSA) and the City of Virginia
Beach (City) enter into this agreement on the 24th day of July, 1996:
1. The City provides for the disposal of SPSA's ash and residue at the
City's landfill on Centerville Turnpike;
2. The City's landfill will not be capable of accepting additional ash and
residue within the next year unless it expends its capacity to receive same;
3. The City has designed, solicited, and received bids to expand the
City's landfill (Phase 2A);
4. The design costs total $287,600 and the low bid for the expansion of the
City's landfill is $4,492,800, and it is advantageous to accept this bid;
5. In accordance with the ash and residue agreement between SPSA and
the City, SPSA is responsible for all costs of the landfill, including capital costs, at the
time of their expenditure or accrual;
6. At the request of SPSA, the City agrees to a one-time exception to
the terms of the ash and residue agreement by allowing SPSA to amortize the payment of
these costs to the City over a period of five (5) years;
7. In consideration of the City's agreement to amortize SPSA's required
payment, SPSA agrees to pay the City $4,780,400, as set forth above in section 4 of this
agreement, in five (5) equal yearly installments, along with any additional reasonable and
necessary costs incurred in the completion of the expansion project as the result of change
orders or cost overruns for the expansion project as referenced herein; and
8. SPSA further agrees to execute a promissory note or similar document
as evidence of the indebtedness set forth herein, and to provide an opinion of its counsel
that such note or document (1) has been duly authorized and executed and (2) is a valid
and binding obligation of SPSA, enforceable against SPSA in accordance with its terms.
CITY OF VIRGINIA BEACH
By
James K. Spore
City Manager
Date:
SOUTHEASTERN VIRG@ PUBLIC
SERVICE AUTHORITY
By
Durwood Curling
Executive Director
Date:
2
20 -
CONSEA'T AGENDA
ORDVVANCES ITEM # 4io3i
Upon motion by Councibn4n Heischober, seconekd by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $450,000 additional revenue from the
Federal Emergency Management Agency (FEMA) to the Fire
Department's FY 1996-1997 Operating Budget in support of the FEMA
Urban Search and Rescue Team, Virginia Task Force No 2 re
personnel equipment and supplies used in support of the Team's activities
re security plan for the Olympic Games in Atlanta; and, estimated
Federal revenues be increased accordingly.
voting-, 9-0 (By Consent)
Council Members Voting Aye:
@n A Baum, Linwood 0. Branc,% III, Harold Heischober, Barbara M,
Henley, Louis R Jones, Reba S. McCianan, Nancy K Parker, Vice Mayor
William D. Sessonw, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Mernbers Absent.
Mayor Meyera E. Obemdorf and William W Harrison, Jr
July 9, 1996
AN ORDINANCE TO APPROPRIATE $450,000 IN ADDITIONAL REVENUES FROM
THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO THE FIRE DEPARTMENT'S FY 1996-97
OPERATING BUDGET IN SUPPORT OF THE FEMA URBAN SEARCH AND RESCUE TEAM, VIRGINIA TASK
FORCE NO. 2, FOR PERSONNEL COSTS, EQUIPMENT, AND SUPPLIES USED IN SUPPORT OF
THE TEAM'S ACTIVITIES REGARDING SECURITY PLAN FOR THE OLYMPIC GAMES IN ATLANTA.
1 WHEREAS, the Olympic Games will be held in Atlanta, Georgia from July 16th to August 1 Oth;
2 WHEREAS, the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, comprised of
3 personnel from the City of Virginia Beach, as well as from across the Hampton Roads Region, was activated to
4 provide security plan at the Olympic Games in Atlanta, Georgia from July 18th to July 25th; and
5 WHEREAS, under federal law and the agreement between FEMA and the City, which establishes
6 the City as the fiscal agent for the regionaf FEMA Team, all incurred costs associated with the actual deployment of
7 the Team, including personnel costs and consumed supplies and equipment, as well as the cost of equipment
8 necessary to bring the Team up to FEMA approved standards is fully reimbursable from FEMA.
9 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
1 0 BEACH, VIRGINIA, that $450,000 in additional revenues from the Federal Emergency Management Agency be
11 appropriated in the Fire Department's FY 1996-97 Operating Budget for all incurred costs associated with the
12 response of the FEMA Urban Search and Rescue Team, Virginia Task Force No. 2, to provide security at the
13 Olympic Games in Atlanta, Georgia,
14 BE IT FURTHER ORDAINED, that estimated Federal revenues in the Fire Department's FY 1996-
1 5 97 Operating Budget be increased by $450,000.
16 Adopted by the Council of the City of Virginia Beach, Virginia on the 9 day of JulY 1996.
APPROVED AS TO
LEGALSUFFIC!ENCY
AP a s 0 C ntent
to C@K Jr.
me ag , ent and Budget
C @pd
21 -
CONSENT AGENDA
ORDIIVANCES ITEM # 41032
Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances re grant matches from the FY 1996-1997 General Fund
Reserve:
a. Chesapeake Bay Local Assistance Department:
(1) APPROPRIATE $30,000 grant TRANSFER $15,782 matching
funds re continued funding of a full time temporary Civil
Engineer I position within the Department of Planning.
(2) APPROPRIATE $25,000 grant, TRANSFER $17,929 matching
funds re continued funding for a full time temporary
Environmental Planner I position within the Department of
Planning.
b. Virginia Department of Environmental Quality:
(3) APPROPRIATE $20,000 grant TRANSFER $10,000 matching
funds re creation of a full time temporary Planning Technician
Iposition within the Department of Planning.
Voting: 9-0 (By Consent)
Council Members Voting Aye:
@n A. Baum, Linwood 0. Brancl; III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
July 9, 1996
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 IN THE AMOUNT OF $30,000 FROM THE VIRGINIA
3 CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT
4 AND TO TRANSFER $15,782 AS A GRANT MATCH
5 FROM THE FISCAL YEAR 1996-1997
6 GENERAL FUND RESERVE
7 WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local
8 Assistance Department has provided a grant in the ai-nount of $30,000 to support the
9 continuation of a full time temporary Civil Engineer I position for one year's duration to
10 carry out day to day engineering work for the City of Virginia Beach Chesapeake Bay
I I Preservation Area Program;
12 WHEREAS, this grant requires a cash match of $15,782 which is available in
13 the FY 1996-1997 General Fund Reserve;
14 WHEREAS, the work to be provided through these resources are considered
15 vital to the continuing work in Chesapeake Bay preservation in Virginia Beach.
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA, that a $30,000 grant be accepted from the
18 Commonwealth of Virginia, and be appropriated to the Department of Planning for
19 Chesapeake Bay preservation work, and that estimated Revenue from the Commonwealth be
20 increased by $30,000.
21 BE IT FURTHER ORDAINED that $15,782 be transferred from the FY 1996-
22 1997 General Fund Reserve to the Department of Planning for a required cash match for the
23 grant.
24 BE IT FURTHER ORDAINED that a full time temporary Civil Engineer 1
25 position be continued within the Department of Planning to carry out the work of this grant.
26 This ordinance shall be effective from the date of its adoption.
27 Adopted the 9 day of July 1996, by the Council of the City of
28 Virginia Beach, Virginia.
I " -@"OVED AS TO
R CO EW
OV
a ter C. Krae r.
Dept. of Management Ser-v-'Lces
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 IN THE AMOUNT OF $25,000 FROM THE VIRGINIA
3 CHESAPEAKE BAY LOCAL ASSISTANCE DEPARTMENT
4 AND TO TRANSFER $17,929 AS A GRANT MATCH
5 FROM THE FISCAL YEAR 1996-1997
6 GENERAL FUND RESERVE
7 WHEREAS, the Commonwealth of Virginia's Chesapeake Bay Local
8 Assistance Department has provided a grant in the ai-nount of $25,000 to support the
9 continuation of a full time temporary Environmental Planner I position for one year's
10 duration to carry out day to day oversight and educational work of the City of Virginia Beach
I I Chesapeake Bay Preservation Area Program;
12 WHEREAS, this grant requires a cash match of $17,929 which is available in
13 the FY 1996-1997 General Fund Reserve;
14 WHEREAS, the work to be provided through these resources are considered
15 vital to the continuing work in Chesapeake Bay preservation in Virginia Beach.
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA, that a $25,000 grant be accepted from the
18 Commonwealth of Virginia, and be appropriated to the Department of Planning for
19 Chesapeake Bay preservation work, and that estimated Revenue from the Commonwealth be
20 increased by $25,000.
21 BE IT FURTHER ORDAINED that $17,929 be transferred from the FY 1996-
22 1997 General Fund Reserve to the Department of Planning for a required cash match for the
23 grant.
24 BE IT FURTHER ORDAINED that a full time temporary Environmental
25 Planner I position be continued within the Department of Planning to carry out the work of
26 this grant.
27 This ordinance shall be effective from the date of its adoption.
28 Adopted the 9 day of July 1996, by the Council of the City of
29 Virginia Beach, Virginia.
Appgo 0 0 w
alter c- -raemer
Dept. of nageme@ srvices
I AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
2 IN THE AMOUNT OF $20,000 FROM THE VIRGINIA
3 DEPARTMENT OF ENVIRONMENTAL QUALITY
4 AND TO TRANSFER $10,000 AS A GRANT MATCH
5 FROM THE FISCAL YEAR 1996-1997
6 GENERAL FUND RESERVE
7 WHEREAS, the Commonwealth of Virginia's Department of Environmental
8 Quality has provided a grant in the amount of $20,000 to allow for the development of a
9 Chesapeake Bay Watershed Habitat Conservation and Restoration Inventory and
10 Demonstration Project in the City of Virginia Beach;
I I WHEREAS, this grant will support the creation of a temporary Planning
12 Technician I position for one year's duration to carry out day to day responsibilities for
13 completion of this project;
14 WHEREAS, this grant requires a cash match of $10,000 which is available in
15 the Fiscal Year 1996-1997 General Fund Reserve; and
16 WHEREAS, the work to be provided through these resources will significantly
17 enhance the opportunity to restore, enhance and conserve valuable natural resource amenities
18 upon public lands within the City and thereby provide a unique opportunity to augment both
19 passive recreational opportunities and environmental education.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA, that a $20,000 grant be accepted from the
22 Commonwealth of Virginia, and be appropriated to the Departi-nent of Planning for
23 development of a Chesapeake Bay Watershed Habitat Conservation and Restoration Inventory
24 and Demonstration Project, and that estimated Revenue from the Commonwealth be
25 increased by $20,000.
26 BE IT FURTHER ORDAINED that $10,000 be transferred from the Fiscal
27 Year 1996-1997 General Fund Reserve to the Department of Planning for a required cash
28 match for the grant.
29 BE IT FURTHER ORDAINED that a full time temporary Planning Technician
30 1 position be created within the Department of Planning to carry out the work of this grant.
31 This ordinance shall be effective from the date of its adoption.
32 Adopted the 9 day of 1996, by the Council of the City of
33 Virginia Beach, Virginia.
A T@,
.,EG I Fi
APPROVED AS TO CONTENT
Dept. of Management Services
- 22 -
Ite)n V-J 5.
CONSEA7 AGENU4
ORDINANCES ITEM 8 41033
Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to declare EXCESS PROPERTY and authorize the
conveyance of approximately five hundred square feet (0.01 acre) on
Rosemont Road near the intersection of Landstown Road with conditions
of conveyance. (Requested by Thomas M. and Julia D. Tye with a
subsequent dedication of a sixty-six (66) foot right-of-way to the City
when the property is developed) (PRINCESS ANNE BOROUGH).
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S. McClanan, Nancy K Parker, Vice Mayor
;Klliam D. Sessoms, Jr. and Louisa M. Strayhom
Council Members Voting Nay:
None
Council Meinbers Absent:
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
July 9, 1996
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE CITY MANAGER
TO DISPOSE OF THE SAME
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
WHEREAS, the City of Virginia Beach acquired ownership of
the following described property by deed recorded in Deed Book
1019, Page 47; and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of the
City of Virginia Beach; and
WHEREAS, Thomas M. Tye and Julia D. Tye, by Proffer
Agreement/Deed Restriction dated June 23, 1992 and recorded in
the Clerk's office of the Circuit Court of the City of
Virginia Beach, Virginia, in Deed Book 3116, at Page 683,
agreed as follows:
"Grantor shall dedicate a sixty six (66)
foot right of way along the northwestern
portion of the property and shall install
improvements in accordance with Public
Engineering standards. Said dedication
shall be made prior to subdivision or
site plan approval of any portion of the
property."
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby
declared to be in excess of the needs of the City of Virginia
Beach and that the City Manager is authorized to convey said
property in the manner he deems in the best interests of the
City of Virginia Beach reserving therein any and all easements
pertaining thereto, and further that such property to be
declared in excess of the needs of the City is more
particularly described as follows: (See attached Exhibit A).
2. Any building site created shall connect to public
water and sewer where available.
3. The City Manager and the City Clerk are further
authorized and directed, upon proper payment and satisfaction
of conditions, to sign the Resubdivision plat entitled:
"RESUBDIVISION PLAT OF PROPERTY OF THE CITY OF
VIRGINIA BEACH (DB 1019, PG 47) (MB 73, PG 10) AND
PROPERTY OF THOMAS M. AND JULIA D. TYE ( DB 2695,
PG 1526) (DB 2695, PG 1561) (MB 213, PG 44),
PRINCESS ANNE BOROUGH-VIRGINIA BEACH, VIRGINIA"
4 . Any submittal for site plan approval of the property
described on the above referenced Resubdivision plat, shall
include a dedication to the City of Virginia Beach, of the
property described in Exhibit A.
5. This ordinance shall be effective from the date of
its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia
on the 9th day of July, 1966.
APPROVED AS TO CONTENT
TU
DEPARTMENT
APPROVED AS'TO
LEGAL SUFFICIENCY
I
EXHIBIT A
ALL THAT certain piece or parcel of land, with the
buildings and improvements thereon and the
appurtenances thersunto belonging, situate, lying
and being in the City of Virginia Beach, Virginia
designated as "500 SF FROM CITY OF VIRGINIA BEACH
TO THOMAS M. & JULIA D. TYE", and being a portion
of Gpin 1495-02-0400 and identified on that certain
plat entitled: "Resubdivision Plat of Property of
The City of Virginia Beach (DB 1019, PG 47) (MB 73
PG 10) and property of Thomas M. and Julia D. Tye
(DB 2695, PG 1526) (DB 2695, PG 1561) (MB 213, PG
44), Princess Anne Borough-Virginia Beach,
Virginia" dated November 10, 1995, made by Miller-
Stephenson & Associates, P.C. and duly recorded in
the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book at
page
It being a part of the same property conveyed unto
Grantor by deed of the City of Norfolk, a municipal
corporation, dated August 3, 1967, and recorded in
the aforesaid Clerk's office in Deed Book 1019, at
page 47.
PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO
AUTHORIZE DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
P E T I T I O N
TO: THE MAYOR AND MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, Thomas M. Tye and Julia D. Tye,
respectfully represents as follows:
1. That Petitioners apply to the Mayor and the council
of the City of Virginia Beach, Virginia, for an ordinance
declaring the hereinafter described property to be in excess
of the needs of the City of Virginia Beach and to authorize
the City Manager to convey the property to the Petitioners
upon payment of fair market value.
2. That your Petitioners own the property contiguous to
the hereinafter described property and are the only property
owners contiguous to the rear property line of said site.
3. The property your Petitioners are asking to be
declared in excess of the needs of the City of Virginia Beach
so that the petitioners may purchase same is hereby described
as follows:
(See attached Exhibit A)
4. That no inconvenience will result to any person or
property owner by reason of the sale of hereinabove described
property.
5. That the Petitioners have offered to purchase the
aforesaid property for the fair market value.
6. Petitioners have agreed to dedicate this property
back to the City of Virginia Beach at such time as the
adjacent property is developed.
7. That simultaneous with this petition, your
petitioners have caused to be prepared a proposed
resubdivision plat to vacate the former lot lines and
establish a new lot, and is designated:
ALL THAT certain piece or parcel of land, with the buildings
and improvements thereon and the appurtenances thereunto
belonging, situate, lying and being in the City of Virginia
Beach, Virginia designated as 11500 SF FROM CITY OF VIRGIMIA
BEACH TO THOMAS M. & JULIA D. TYE" and being a portion of
Gpin 1495-02-0400 and identified on that certain plat
entitled: "Resubdivision Plat of Property of The City of
Virginia Beach (DB 1019, PG 47) (MB 73 PG 10) and property of
Thomas M. and Julia D. Tye (DB 2695, PG 1526) (DB 2695, PG
1561) (MB 213, PG 44), Princess Anne Borough-Virginia Beach,
Virginia" dated November 10, 1995, made by Miller-Stephenson
& Associates, P.C. and duly recorded in the Clerk's office of
the Circuit Court of the City of Virginia Beach, Virginia in
Map Book at page _
WHEREFORE, your Petitioners pray that the Mayor and
City Council of the city of Virginia Beach, Virginia, declare
the hereinabove described property to be in excess of the
needs of the City of Virginia Beach and authorize the City
Manager to convey the property to your Petitioners upon
payment to the city of Virginia Beach the fair market value of
said property.
Respectfully submitted,
Thomas ia D. Tye
BY
Thom
I I
1- ia 6. Ty#
EXHIBIT A
ALL THAT certain piece or parcel of land, with the
buildings and improvements thereon and the
appurtenances theraunto belonging, situate, lying
and being in the City of Virginia Beach, Virginia
designated as 11500 SF FROM CITY OF VIRGINIA BEACH
TO THOMAS M. & JULIA D. TYE" . and being a portion
of Gpin 1495-02-0400 and identified on that certain
plat entitled: "Resubdivision Plat of Property of
The City of Virginia Beach (DB 1019, PG 47) (MB 73
PG 10) and property of Thomas M. and Julia D. Tye
(DB 2695, PG 1526) (DB 2695, PG 1561) (MB 213, PG
44), Princess Anne Borough-Virginia Beach,
Virginia" dated November 10, 1995, made by Miller-
Stephenson & Associates, P.C. and duly recorded in
the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia in Map Book at
page
It being a part of the same property conveyed unto
Grantor by deed of the City of Norfolk, a municipal
corporation, dated August 3, 1967, and recorded in
the aforesaid Clerk's office in Deed Book 1019, at
page 47.
THIS DEED OF QUITCLAIM, made this day of
1996, by and between the CITY OF VIRGINIA BEACH, a municipal
corporation of the State of Virginia, "Grantor," party of the
first part, and THOMAS M. TYE and JULIA D. TYE, husband and wife,
"Grantees," parties of the second part, whose mailing address is
6062 Indian River Road, #104, Virginia Beach, Virginia 23464.
W I T N E S S E T H:
That for and in consideration of the sum of TEN DOLLARS
($10.00) and other good and valuable consideration, the receipt
of which is hereby acknowledged, the Grantor hereby releases,
vacates, and forever QUITCLAIMS unto the Grantees as tenants by
the entireties with the right of survivorship as at common law,
all right, title, interest it may posses in and to the following
described property, to-wit:
ALL THAT certain piece or parcel of land, with
the buildings and improvements thereon and the
appurtenances thereunto belonging, situate,
lying and being in the City of Virginia Beach,
Virginia, and designated as 11500 SF FROM CITY
OF VIRGINIA BEACH TO THOMAS M. Cc JULIA D.
TYE," and being a portion of GPIN 1495-02-0400
and identified on that certain plat entitled:
"RESUBDIVISION PLAT OF PROPERTY OF THE CITY OF
VIRGINIA BEACH (DB 1019, PG 47) (MB 73, PG 10)
AND PROPERTY OF THOMAS M. AND JULIA D. TYE (DB
2695, PG 1526) DB 2695, PG 1561) (MB 213, PG
44) PRINCESS ANNE BOROUGH-VIRGINIA BEACH,
VIRGINIA," dated November 10, 1995, made by
Miller-Stephenson & Associates, P.C. and duly
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach in map
Book -, at page _.
It being a part of the same property conveyed
unto Grantor by deed of the City of Norfolk, a
municipal corporation, dated August 3, 1967,
and recorded in the aforesaid Clerk's Office
in Deed Book 1019, at page 47.
GPIN:
This conveyance is made subject to conditions,
restrictions, easements, and reservations of record in the chain
of title, if any, constituting constructive notice including, but
not limited to, that proffer agreement dated June 23, 1992 and
recorded in the aforesaid Clerk's Office in Deed Book 3116, at
page 683.
IN WITNESS WHEREOF, the City of Virginia Beach, a
municipal corporation, has caused this Deed of Quitclaim to be
executed in its name on its behalf, and its corporate seal to be
hereto affixed and duly attested by its proper party, thereunto
duly authorized.
CITY OF VIRGINIA BEACH
By
uily manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
xurn moages Smith
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of 1996, by I
City Manager/Authorized Designee of the City Manager, on behalf
of the City of Virginia Beach, Virginia.
Notary Pu lic
(Seal)
My commission expires:
2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
- day of , 1996, by RUTH HODGES SMITH, City Clerk,
i on behalf of the City of Virginia Beach, Virginia.
Notary Public
(Seal)
My commission expires:
3
SITE
LOCATION MAP FOR CONVEYANCE
OF EXCESS CITY OWNED PROPERTY
ON ROSEMONT ROAD
LOCATION NORTHWEST PORTION OF
LANDSTOWN PUMP STATION
SCALE: 1" 200'
ROAD
;its b
51
-17
La
i3
z
rr
9i
Z5
E3
- 23
Item V-.L6
CONSENT AGENDA
ORDINANCES ITEM # 41034
Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council APPROVED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY
Hollywood Limousines, Inc.
Voting., 9-0 (By Consent)
Council Members Voting Aye:
John A Baum, Linwood 0. Brancl; III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McClanan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent.-
Mayor Meyera E. Oberndorf and ;Klliam W Harrison, Jr.
July 9, 1996
- 24 -
item V-K
PUBLIC HFARING ITEM # 41035
PLANNING
Vice Mayor Sessoms DECLARED a PUBLIC HEARING on:
PLANNING
1. R. LEWIS BOGGS STREET CLOSURE
2. POTTER'S ROAD INVESTMENT GROUP STREET CLOSURE
3. JOHN E. HAWKINS VARIANCE
4. RETIREMENT UNLIMITED, INC. CONDITIONAL USE PERMIT
5. PCS PRIMECO, L.P. CONDITIONAL USE PERMIT
6 PRIMECO PERSONAL COMMUNICATIONS, L.P CONDITIONAL USE PERMIT
7. WIRELESS PCS,INC.
AGENT FOR AT & T WIRELESS PCS INC. CONDITIONAL USE PERMITS
8. GRACE COVENANT PRESBYTERIAN
CHURCH OF PRINCESS ANNE CONDITIONAL USE PERMIT
9. OUTDOOR OF VIRGINIA BEACH CONDOMINIUM
ASSOCIATION, INC. CONDITIONAL USE PERMIT
10. ELECTRONIC SYSTEMS, INC. CHANGE OF ZONING
11. THE FRANCISCUS COMPANY, INC. AMENDMENT/GREEN RUN
LAND USE PLAN
July 9, 1996
- 25 -
item V-K.
PUBLIC HEARING ITEM # 41036
PLANNING BY CONSENT
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council APPROVED
in ONE MOTION Items 1, 2, 3*, 5, 7, 9 and 10 of the PLANNING BY CONSENT AGENDA.
Item K3. was DEFERRED until the City Council Sessona of August 13, 1996.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McCianan, Nancy K Parker, Vice Mayor
William D. Sasom, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent:
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
July 9, 1996
- 26 -
IBM V-Xl.
PUBLIC HEARING ITEM # 41037
PLANNING BY CONSENT
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council DEFERRED
FOR ADDITIONAL 180 DAYS (January 14, 1997), the Petition of R. LEWIS BOGGS for the
discontinuance closure and abandonment of the followint (VIRGINIA BEACH BOROUGH):
Portion of Baltic Avenue beginning at a point 300 feet South of Laskin
Road and running in a Southwesterly direction along the Eastern
property line a distance of 842.52 feet more or less to the Western
boundary of Holly Road, containing 1.131 acres
Parcel 1: Alleyway located between 29th and 30th Streets beginning at
the Western boundary of Arctic Avenue and running in a Westerly
direction to the Eastern boundary of Holly Road
Parcel 2: Alleyway located 140.15 feet North of 27th Street beginning
at the Eastern boundary of Holly Road and running 49.93 feet in an
Easterly direction (Parcels I and 2 contain 6086.45 square feet).
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A Baum, Linwood 0. Branc,% III, Harold Heischober, Barbara M
Henley, Louis R Jones, Reba & McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Mayor Meyera E. Obemdo?f and William W Harrison, Jr.
July 9, 1996
- 27 -
Item V-LZ
PUBLIC HEARING ITEM # 41038
PLANNING BY CONSENT
Upon motion by Councilman Branch seconded by Council Lady Strayhorn, City Council APPROVED
SUBJECT 7-0 COMPLIANCE OF CONDITIONS BY JANUARY 14, 1997, the Petition of POTTER'S
ROAD INVESTMENT GROUP for the discontinuance, closure and abandonment of a portion of Potters
Road,
Application of Potters Road Investment Group for the discontinuance,
closure and abandonment of a portion of Potters Road beginning at the
southeast intersection of Potters Road and Wesley Drive and running in
a easterly direction a distance of 270 feet more or less. Said parcel
contains 6,57756 square feet. LYHWHAVEN BOROUGH.
The following conditions shall be required.
1. 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 npolicy Regarding Purchase of City's Interest in Streets Pursuant
to Street Closures', approved by City CounciL Copies of the policy are available
in the Planning Department.
2 The applicant is required to resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcel 7he plat must be submitted
and approved for recordation prior to final approval.
3. Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 180 days of approval by City Council.
Voting: 9-0 (By Consent)
Council Meinbers Voting Aye:
@n A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M.
Ilenley, Louis R Jones, Reba & McClanan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent
Mayor Meyera E. Oberndorf and William W. Harrison, Jr
July 9, 1996
- 28 -
Itein V-L3.
PUBLIC HEARING I7EM # 41039
PLANNING BY CONSENT
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council DEFERRED
UNTIL CITY COUNCIL MEETING OF AUGUST 13, 1996, BY CONSENT the application of JOHN
E. HAWKINS for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires newly created
lots meet all requirements of the City Zoning Ordinance and Section 4.4(d) which requires that all lots
created have access to a public street.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for John E. Hawkins.
Property is located on Site 14, Little Haven, at 3009 Little Haven Road.
LYNNHAYEN BOROUGH
Voting: 9-0 (By Consent)
Council Members Voting Aye:
JMn A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S. McClanan, Nancy K Parker, Vice Mayor
William D. Sessorm, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absen
Mayor Meyera E. Obemdorf and William W Harrzson, Jr
July 9, 1996
- 29 -
Item V-L4.
PUBLIC HEARING ITEM # 41040
PLANNING
The Following spoke in SUPPORT of the application:
Attorney Edward R. Bourdon; Pembroke One, Fifth Floor, Phone: 499-8971
Robert Miller, 5033 Rouse Drive, Phone: 490-9264, Project Engineer
John Painter, 2212 Indian Hill Road, Phone: 464-1007, President - Baylake Pines Civic League, spoke
in support of the application, but expressed concerns relative water. Letter discussing alternatives
allowing acceptable use of well water by the applicant is hereby made a part of the record.
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon Application of RETIREMENT UNLIMITED, INC., for a Conditional Use Permit for
a home for the aged:
ORDINANCE UPON APPLICATION OF RETIREMENT UNLIMITED,
INC FOR A CONDITIONAL USE PERMIT FOR A HOME FOR THE
AGED R07962046
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Retirement Unlimited, Inc. for a
Conditional Use Permit for a home for the aged on the south side of
Shore Drive beginning at a point 638.47 feet west of Baylake Road Said
parcel contains 5.09 acres.BAYSIDE BOROUGH.
The following conditions shall be required:
1. This Conditional Use Permit approval shall allow for the
establishment of an assisted living facility consisting of 72
individual units and associated common areas and accessory
support facilities, including a dining area, parlors, a library, a
hair saloy; a recreation center, and administrative offices. In
addition, the applicant shall provide residents with
transportation to off-site activities and services.
2. Development of the facility shall substantially conform with the
submitted site plan entitled "Bayville Assisted Living Facility
Preliminary Plan' with revisions as noted.
3. Exterior design shall conform with the proposed elevations
entitled "Baylake Assisted Living, Virginia Beach, Virginia, A
Fralin and Waldron Development" dated 4/11/96.
4. The final site plan shall depict a 4.5 foot wide reservation for
future right-of-way acquisition along the Shore Drive frontage
of the site. Site layout shall be adjusted as necessary to
provide for a minimum ten foot street frontage landscape strip,
measured from the southern boundary of the 4.5 foot right-of-
way reservation.
5. The right turn lane on Shore Drive shall be revised on final site
plan to conform to minimum City standards.
6. Prior to final site plan approval the applicant shall work with
the Department of Public Works to achieve an intersection
configuration for the site access to Baylake Road that is
acceptable to the City Engineer.
July 9, 1996
- 30 -
Itm V-L4.
PUBLIC HEARING ITEM # 41040 (Continued)
PLANNING
7 The final site plan and subdivision plat shall provide an
interparcel access east along for the use of the Baylake
Road access drive by future residential development of the
residual parcel to the east of the subject site.
& The final site plan shall reserve adequate area to accommodate
an additional fourteen parking spaces, in the event that
additional parking should be needed
9. Upon recision of the Water Emergency Ordinance, the site shall
connect to the City water supply system.
This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac,% Virg@, on the Ninth of July, Nineteen Hundred
and Ninety-Six,
Voting: 9-0
Council Members Voting Aye:
John A. Baum; Linwood 0. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba S. McClanan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
July 9, 1996
- 31 -
Item V-L.5.
PUBLIC HEARING ITEM # 41041
PLANNING BY CONSENT
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon Application of PCS PRIMECO, L.P, for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF PCS PRIMECO L P FOR A
CONDITIONAL USE PERMIT FOR A COMMUNICATION TOWER
(EXTENSION TO EXISTING TOWER) R07962047
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF FIRGINL4 BEACH, VIRGINLI
Ordinance upon application of PCS PRIMECO, LP. for a Conditional
Use Permit for a communicaion tower (extension to existing tower) south
of Thurston Avenue beginning at a point 50 feet more or less West of
Baker Road. Said parcel is located at 1393 Baker Road and contains
2.743 acres (BAYSIDE BOROUGH).
The following condition shall be required:
I. The approved tower must be constructed in substantial
conformance with the photo rendering submitted to the
Planning Commission on June 12, 1996 and on file in the
Planning Department.
This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beaci; Virginia, on the Ninth of July, Nineteen Hundred
and Ninety-Six,
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancp% III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Reba & McClanan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E. Oberndorf and FKlliam W Harrison, Jr.
July 9, 1996
- 32 -
Item Y-L,6.
PUBLIC HEARING ITEM # 41042
PLANNING
Attorney Mark Williamson, represented the applicant, 9001 World Trade Center, Phone: 640-3713
Upon motion by Council Lady McClanan, seconded by Council Lady Strayhorn, City Council ADOPTED
an Ordinance upon Application of PRIMECO PERSONAL COMMUNICATIONS, L.P., for a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF PRIMECO PERSONAL
COMMUNICATIONS, L.P, FOR A CONDITIONAL USE PERMIT FOR
A COMMUNICATION TOWER R07962048
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of PrimeCo Personal Communications, L.P.
for a Conditional Use Permit for a communication tower on the east side
of North Landing Road at its intersection with Princess Anne Road. Said
parcel is located at 2401 North Landing Road and contains 3.97 acres.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The towers will be developed in substantial conformance with
the plans presented to the Planning Commission on June IZ
1996. These plans are further identified as Preliminary Study
for Tower Sfte Princess Anne Road and North Landing Road,
prepared hy Kellam and Gerwitz Engineering, revised May 30,
1996.
2. The tower height (for each tower) will not exceed 135 feet.
3. Antennas placed on the top portion of each tower must be flush
mounted panels andlor whip antennas. 7he second array of
antennas placed on each of the proposed towers must be of the
'low proftle' style. (Photo examples of each of the permitted
antennas are included in the Planning Commission files).
4. There shall be minimal disturbance of vegetation.
This Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beac& Virginia, on the Ninth of July. Nineteen Hundred
and Ninety-Six,
July 9, 1996
- 33 -
Item V-L.6
PUBLIC HEARING ITEM # 41042 (Continued)
PLANNING
Voting: 8-0
Council Members Voting Aye:
JMn A. Baum, Harold Heischober, Barbara M. Henley, Louis P- Jones,
Reba & McCianan, Nancy K Parker, Kice Mayor William D. Sessoms,
Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
Mayor Meyera E. Obemdorf Linwood 0. Branci4 III and William W
Harrison, Jr
July 9, 1996
- 34 -
itein V-L z
PUBLIC HEARING ITEM # 41043
PLANNING BY CONSENT
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon Applicadons of WIRELESS PCS INC., agent for AT & T Wireless PCS Inc., for
Conditional Use Permits for rooftop unmanned communication facilities:
ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT
FOR AT & T WTRELESS PCS INC., FOR A CONDITIONAL USE
PERMIT FOR A ROOFTOP UNMANNED COMMUNICATION
FACILITY R07962049
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINLI
Ordinance upon application of Wireless PCS Inc., Agent for AT & T
Wireless PCS Inc., for a Conditional Use Permit for a rooftop unmanned
communication facility at the northeast corner of Parks Avenue and 20th
Street. Said parcel is located at 2101 Parks Avenue and contains 3.1
acres. VIRGINIA BEACH BOROUGH.
The following condition shall be required:
1. The tower will be a panel antenna style tower/cell site
consisting of a maximum of nine antennas, and will be
constructed as depicted on the submitted plans.
AND,
ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT
FOR AT & T WIRELESS PCS INC., FOR A CONDITIONAL USE
PERMIT FOR A ROOFTOP UNMANNED COMMUNICATION
FACILITY R07962050
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application Wireless PCS Inc., Agent for AT & T
Wireless PCS Inc., for a Conditional Use Permit for a rooftop unmanned
communication facility on the north side of Shore Drive, west of Beech
Street. Said parcel is located at 2816 Shore Drive and contains 1.42
acres. LYNNHAVEN BOROUGH.
77te following condition shall be required:
1. 77te tower will be a panel antenna style towerlcell site with a
maximum of nine antennas, and will be constructed as depicted
on the submitted plans.
A N D,
July 9, 1996
- 35 -
item V-L. 7
PUBLIC HEARING ITEM # 41043 (Continued)
PLANNING BY CONSENT
ORDINANCE UPON APPLICATION OF WIRELESS PCS INC., AGENT
FOR AT & T WIRELESS PCS INC., FOR A CONDITIONAL USE
PERMIT FOR A ROOFTOP UNMANNED COMMUNICATION
FACILITY R07962051
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wireless PCS Inc., Agent for AT & T
Wireless PCS Inc., for a Conditional Use Permit for a rooftop unmanned
communication facility at the northeast intersection of Page Avenue and
Cherry Tree Place. Said parcel is located at 3288 Page Avenue and
contains 5.2 acres. LYNNHAVEN BOROUGH.
The following condition shall be required:
1. The tower will be a panel antenna style tower/cell site
consisting of a maximum of nine antennas, and will be
constructed as depicted on the submitted plans.
These Ordinances shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Nineth of Ju& Nineteen Hundred
and Nine(y -Six,
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, Harold Heischober, Barbara M.
Henley, Louis P, Jones, Reba & McCianan, Nancy K Parker, Irice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E Oberndorf and IKIliam W Harrison, Jr
July 9, 1996
- 36 -
Y-L8.
PUBLIC HEARING ITEM # 41044
PLANNING
William David Timberlake, 2101 Parks Avenue, Phone: 422-1678, represented the applicant
Upon motion by Council Lady McClanan, seconded by Council Lady Strayhorn, City Council ADOPTED
an Ordinance upon application of GRACE COVENANT PRESBYTERIAN CHURCH OF PRINCESS
ANNE for a Conditional Use Permit.-
ORDINANCE UPON APPLICATION OF GRACE COVENANT
PRESBYTERIAN CHURCH OF PRINCESS ANNE FOR A
CONDITIONAL USE PERMIT FOR A CHURCH R07962052
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CIIY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Grace Covenant Presbyterian Church of
Princess Anne for a Conditional Use Permit for a church on the north
side of Princess Anne Road beginning at a point 90 feet more or less
west of Crossroad Trail. Said parcel contains 4.258 acres. PRINCESS
ANNE BOROUGH.
As the landscape plan was not submitted with the application, the applicant shall allow Council Lady
McClanan to review when completed.
The following conditions shall be required:
1. The use shall be developed in substantial conformance with the
submitted site plan and renderings.
2. The applicant shall re-stripe Princess Anne Road to provide a
clearly demarcated left turn lane for east bound traffic into the
site.
3. Category IV landscape screening shall be installed along that
portion of the northeastern property line lying between the
parking area and the adjacent dwellings
Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the Ninth of July, Nineteen Hi4ndred
and Ninefy-Six-
July 9, 1996
- 37 -
Item V-L8.
PUBLIC HEARING ITEM # 41044 (Continued)
PLANNING
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, Harold Heischober, Barbara M.
Henley, Louis k Jones, Reba S. McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent
Mayor Meyera E. Obemdorf and William W. Harrison, Jr.
July 9, 1996
- 38 -
ite.m V-L.9.
PUBLIC HEARING ITEM # 41041
PLANNING BY CONSENT
Upon motion by Counclman Brancg, seconded by Council Lady Strayhorn, City Council ADOPTFD an
Ordinance upon application of OUTDOOR OF VIRGINIA BEACH CONDOMINIUM ASSOCIATION,
INC., for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF OUTDOOR OF VIRGINIA
BEACH CONDOMINIUM ASSOCL4TION, INC FOR A CONDITIONAL
USE PERMIT R07962053
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, P7RGINLI
Ordinance upon application of Outdoor of Trirginia Beach Condominium
Association, Inc. for a Conditional Use Permit for a Recreational Yehicle
Resort to add individual docks at the northwest intersection of Sandpiper
Road and Nitecap Lane. Said parcel is located at 3665 Sandpiper Road.
PUNGO BOROUGH
Ihe following conditions shall be required:
1. This conditional use permit shall allow construction of up to 25
private boat docks at the Outdoor Resorts of America Virginia
Beach Recreational Vehicle Resor4 at any of the locations
indicated on the submitted site plan. Construction of docks in
excess of 25 shall require City Council approval of an
additional modification to the Conditional Use Permit.
2. Dimensions of the individual boat docks shall not exceed those
depicted on the submitted site plan.
3. Approval of the conditional use permit shall not be construed
as approval for dredging of surrounding waterways.
4. In accordance with the approved Southern Watersheds
Management Plan for the site, a 3-foot planted buffer shall be
maintained along the per@ter of the property, and shall
cmwly with the specifications for CBPA Planting Bed #2.
5. A walkway not more than 3-feet in width may be provided
through the required planting bed on each site, between
campsite pads and decks and the individual boat docks.
6. A waterfront construction permit shall be obtained for each
dock prior to construction.
7 No fuel pumps are to be installed in conjunction with this conditional use permit
77tis Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virginia, on the Ninth QfJu4L Nineteen Hundred
and Nineo!-Siy-
July 9, 1996
- 39 -
item v-L9.
PUBLIC HEARING ITEM # 41"1 (Condnued)
PLANNING BY CONSENT
Voting: 9-0 (By Consent)
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Branck 111, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McCianan, Nancy K Parker, Vice Mayor
William D. Sessoms, Jr. and Louisa M. Sfrayhorn
Council Members Voting Nay:
None
Council Meinbers Absent.-
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
July 9, 1996
- 40 -
Itein Y-LIO,
PUBLIC HEARING ITEM # 41042
PLANNING BY CONSENT
Upon motion by Councilman Branch, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of ELECTRONIC SYSTEMS, INC., for a Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF ELECTRONIC SYSTEMS INC
FOR A CHANGE OF ZONING DISTRTCT CLASSIFICATION FROM O-
2 TO I-1 Z07961495
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Electronic Systems, Inc. for a Change of
Zoning District Classification from O-2 Office District to Conditional I-
1 Light Industrial District on the south side of Expressway Drive, 385
feet more or less southeast of the easternmost right-of-way line of
Southport Circle. The proposed zoning classification change to I-1 is for
light industrial land use. The Comprehensive Plan recommends use of
this parcel for office in accordance with other plan policies. Said parcel
contains 5.67 acres. KEMSPVILLE BOROUGH.
Ihe following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the
Clerk of the Circuit Court and is hereby made a part of the
record.
This Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beact% Pirginia, on the Ninth of July, Nineteen Hundred
and Ninety-Six
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, Harold Heischober, Barbara M.
Henley, Louis R Jones, Reba & McClanan, Nancy K Parker, Vice Mayor
Wtlliam D. Sessoms, Jr. and Louisa M. Sfrayhorn
Council Meinbers Voting Nay:
None
Council Members Absent.
Mayor Meyera E. Oberndorf and William W Harrison, Jr.
July 9, 1996
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our FRe No. DF-96-4160
DATE: July 9, 1996
TO: Leslie L. Lilley DEPT: City Attorney
FROM: W. M. Macali DEPT: City Attorney
RE: Conditional Zoning Application
Electronic Systems, Inc.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on July 9, 1996. I have reviewed the subject proffer agreement, dated May
15, 1996, and have determined it to be legally sufficient and in proper legal form. A copy
of the agreement is attached.
Please feet free to call me if you have any questions or wish to discuss this matter
further.
Enclosure
AGREEMENT
TO COVENANTS & RESTRICTIONS
ELECTRONIC SYSTEMS, INC.
TO
CITY OF VIRGINIA BEACH,
a Municipal Corporation of
the Commonwealth of Virginia
THIS AGREEMENT, is made this 15th day of May 1996, between
ELECTRONIC SYSTEMS, INC. (the "Grantor") and CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, (the "Grantee");
WITNESSETH
WHEREAS, 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 O-2 District, to I-1 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 I-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 I-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 haye a reasonable relation to the use of the Property as rezoned I-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 subsequent
amendment 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 instrum ent 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 15.143 1, which said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent;
NOW THEREFORE, ELECTRONIC SYSTEMS, fNC., for itself, its successors, personal
representatives, assigns, grantees and other successors in title and interest, voluntarily and without
any requirement by or extraction from the Grantee or its governing body and without any element
of compulsion of quid pro quo for zoning, rezoning, site plan, building permit for subdivision
approval, hereby makes the following declaration of conditions and restrictions which shall restrict
and govem the physical development, operation and use of the Property and hereby covenants and
agrees that this declaration shall constitute covenants running with the Property, which shall be
2
binding upon all parties and persons claiming under or through the Grantor, its successors, personal
representatives, assigns grantees, and other successors in interest or title:
A. The site plan submitted by the Grantor to the Department of Planning with this
Agreement and entitled "ESI Business Center", dated March 25, 1996, (the "Site Plan") is
incorporated herein by referenre and forms a part of this Agreement
B. Landscaping on the southeastern and southwestern sides of the Property shall utilize
plant nuderials designated for Category I Screening and shall be situated in a variable width planting
bed as shown on the Site Plan.
C. The Property shall only be used for the following uses:
I . Automotive rental, parts and supply store, provided that no outside storage
is included (excluding operative equipment) No truck rental shall be
permitted.
2. Business, medical, financial, nonprofit, professional and similar office buildings.
3 . Child care and child care education center, provided a conditional use permit
is obtained.
4. Conunercial parking lots.
5. Establishments such as linen suppliers, communication services and canteen
services.
6. Assembly, packaging, or fabricating establishments; provided that all of the
foregoing is accomplished within a building and provided that the following
uses shall not be allowed: (i) explosive manufacturing, storage and
disttibufion; (ii) petroleum processing; (iii) processing or storage of salvage,
scrap or junk.
7. Motion picture studios.
8. Printing, lithographic or publishing establishments.
9. Public buildings and grounds.
3
10. Public Schools, colleges and universities, and private schools, colleges and
uriversities having similar academic curriculums, provided a conditional use
permit is obtained.
11. Radio or television transnussio@ ceutdar telephone antenna and relay stations,
provided a conditional use permit is obtained.
12. Recreational facilities other than those of an outdoor nature.
13. Repair establishments provided that no outside storage is included (excluding
mobile operative equipment). No automotive or heavy equipment repair shall
be permitted.
14. Satellite wagering facility, provided a conditional use permit is obtained.
15. Vocational, technical, industrial and trade schools, provided that no outdoor
activities are included.
16. Wholesaling, warehousing, storage or distribution establishments, provided
that no tractor-trafler type vehicles shall be permitted to remain on the site for
more than twenty-four hours.
2. The Grantor covenants and agrees that:
A. The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with
all nemaq authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions, including the authority (a) to order
in writing that any non-compliance with such conditions including mandatory or prohibitory
injunction, abatement, damages or other appropriate action, suit or proceedings.
B - Failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate.
C. If aggrieved by any decision of the Zoning Ad@strator made pursuant to these
provisions, the Grantor shall petition the goveniing body of Grantee for the review of such decision
4
prior to instituting proceedings in court.
ELEC STE
By:
Presi'dent
STATE OF VUTGINIA
CITY OF VIRGE4]A BEACH, to %it;
L Michael A. a Notary Public in and for the City and State aforesaid
do hereby certify that Willicun G. Kamaxek . President of Electronic
Systm* I=., a Virginia corporation did acknowledge the foregoing instrument before me this 15th
day of May, 1996.
Notary Public
My Commission Expires:
August 31, 1998
a:cloc.ryKZoning Fonns Disk)
5
EXHIBIT A
All that certain tract, piece or parcel of land, lying, situate and being in the City of V'
Beach, Virginia, and being known as Parcel B-A, containing 5.670 acres of land. more or
less, as shown on that certain plat entitled "Resubdivision of Parcel B, Subdivision of a
portion of the Estate of Hugh E. Owens. Sr., and a portion of Branksome Drive, Kempsville
Borough, Virginia Beach, Virginia" which plat is recorded in the Clerk's Offlce of the Circuit
Court of the City of Virginia Beach. Virginia, in Deed Book 2458 at page 2197.
Together with non exclusive easements in, on, over and across Parcel A (as shown on the
aforementioned plat) for access, ingress and egress to and from Parcel B-A to Holland Road
created pursuant to, and subject to and governed by that certain "DecLaration of Easements
Affecting Holland Office Park Parcel A and Parcel B-A" dated August 22, 1991 made by
Holland Office Park Associates, et al, and recorded in the Clerk's Office of the Circuit Court
of the City of Vir&Wa Beach, Virginia in Deed Book 3040 at page 1654.
Being a part of the same property conveved to NationsBank of Virginia, N.A. by trustee's
deed dated October 5, 1993 and recorded in the Clerk's Office of the City of Virginia Beach.
Virginia in Deed Book 3289 at page 76.
- 41 -
item V-L I I.
PUBLIC HEARING ITEM # 41042
PLANNING
The following spoke in SUPPORT of the application:
Attorney R. Edward Bourdon, Pembroke One Fifth Floor, Phone: 499-8971, represented the applicant
Jim Tucker, representing TARGET Dayton/Hudson Corporation, Minneapolis
Randy Royal, Project Engineer - Engineering Services
UPON motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED, the Ordinance upon application of THE FRANCISCUS COMPANY, INC., for an
AMENDMENT to a 30-acre site of the Green Run Land Use Plan re REDESIGNATION of 7.5 acres
from multiple family to commercial or multiple family:
ORDINANCE UPON APPLICATION OF THE FRANCISCUS
COMPANY, INC FOR AN AMENDMENT TO A 30-ACRE SITE OF
THE GREEN RUN LAND USE PLAN Z07961496
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Franciscus Company, Inc., for an
amendment to a 30-acre site of the Green Run Land Use Plan. The
Proposal is to redesignate 75 acres from multiple family only to allow
either commercial or multiple family use. The site is located on the north
side of Princess Anne Road, 400 feet more or less east of South
Independence Boulevard and contains 30 acres. KEMPSVILLE
BOROUGH.
The following conditions shall be required.
1- The eastern boundary of that portion of Parcel H to be
redesignated for either commercial use or multiple -family use
shall be the eastern boundary of the Target Shopping center
site, running fiom the northern right-of-way line of Princess
Anne Road to the southern right-of-way line of Buckner Blvd,
as depicted on the site plan dated June 27, 1996 entitled
"Preliminary Site Plan of Target Shopping Center at South
Independence and Princess Anne Road". No improvements
associated with the proposed commercial development shall
extend to the east of that boundary, with the exception of the
shared landscape buffer.
2. Development shall be substantially in conformance with the site
plan dated June 27, 1996 and exhibited to the City Council at
Public hearing, with the following revisions:
a. The "pylon sign" depicted at the northeast corner of South
Independence Blvd and Princess Anne Road, on Parcel C-2A,
shall be replaced with a monument style sign. The landscaped
berm along Princess Anne Road shall be extended to the
location of the freestanding sign.
b. The gap depicted between the eastern end of the Princess Anne
Road berm and the southern end of the eastern property line
berm shall be closed, with the height tapering from three feet
to six feet at the southeastern corner of the site.
C. The 13 excess parking spaces shall be replaced by additional
interior parking lot or street frontage landscaping.
July 9, 1996
- 42 -
Ite)n V-Lll.
PUBLIC HEARING ITEM # 41042 (Continued)
PLANNING
3. Along the Buckner Blvd and Princess Anne Road street
frontages, that portion of the landscaped buffer lying between
the right-of-way line and the proposed structure shall be
planted so as to achieve at maturity a dense, evergreen
vegetative screen. The applicant will work with City staff prior
to final site plan submittal to select a landscape design and
specific plant species capable of providing an effective
landscape screen, using the planting specifications for Category
IV Landscaping as a guide. Plantings along the remainder of
the Princess Anne Road and Buckner Blvd street frontages
shall meet or exceed the requirements for parking lot street
frontage landscaping.
4. The landscape buffer along the eastern boundary, between the
commercial and residential portions of Parcel H, shall consist
of a minimum 40-foot wide buffer, up to half of which may be
provided on the residential Portion of the property. 7he buffer
shall contain a 6-foot berm an4 at a minimun; Category VI
landscaping with a solid masonry wall as depicted on the site
plan-
5. All berms shall have a maximum slope of one foot rise to three
feet of rur; and shall have a top width of not less than 3 feet to
accommodate approved landscaping.
6. Prior to site plan approval architectural renderings acceptable
to the Planning Director shall be submitted, depicting the
following:
a. On the building front and the side along Princess Anne Road,
sufficient architectural detail and articulation of building walls
and roof line to create an appearance complementary to the
adjacent residential neighborhoods, and exhibiting a quality of
design and materials consistent with recently approved
development in the Princess Anne corridor.
b. Exterior siding consisting of brick, or significant use of brick
detailing in conjunction with color matched split-face block.
7 Buckner Blvd shall be improved to a four-lane, divided
roadway from the intersection with South Independence Blvd,
to the eastern property line of the site, to accommodate the
increased trip generation associated with the requested land use
plan amendment.
8 A traffic study shall be submitted prior to or in conjunction
with final site plan submittal to assess the need for any
adeutional street improvements associated with the proposed
development, including acceleration/deceleration lanes possible
widening of proposed points of ingress/egress, and signalization
on Buckner Blvd.
July 9, 1996
- 43 -
Itein V-LI].
PUBLIC HFARING ITEM # 41042 (Con@ed)
PL4NNING
9. Minor revisions to the approved plan may be permiffed to
accommodate on-site BMPs and bwovements required in
conjunction with the traffic study. However, such revisions
shall conform with the following criteria:
a. Separation between ingresslegress drives and interior parking
lot circulation shall be Maintained as shown on the above-
referenced plan.
b. AU depicted pedestrian circulation facilities shall be retained.
C. 7he height and width of @scaped berms shall not be reduced
below that shown on the above-referenced preliminary site
plan.
10. Development of the ouiparcels that are a portion of Parcel H,
as noted on the plan as nfuture development' shall require
approval of an additional @ use plan amen&nent Mese
areas may, however, be utilized for onsite stormwater
management facilities, if needed.
7his Ordinance shall be effective in accordance with Section 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of llirginia Beack Virginia, on the Ninth QtJul_t Nineteen Hundred
and Nine&-Six,
Voting: 5-3
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, Harold Heischober, Vice Mayor
William D. Sessonw, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan and Nancy K Parker
Council Members Absent.-
Mayor Meyera E. Oberndorf, Willmm W Harrison, Jr and Louis R
Jones
face Mayor Sessoms DISCLOSED re application of 7he Franciscus Company, Inc., pursuant to Section
2.1-639.14(G) of the Code of lrtrginia, he is a meinber of the Board of Directors of Tidewater Health
Care, Inc. However, he does not receive any salary or other compensation from Tidewater Health Care,
Inc. 7he proeprty which is the subject of the application of 7he Franciscus Coynpany, Inc., is owned by
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc. Vice
Mayor Sessoms declared he was able to participate in the transaction fairly, objectively and in the public
interest. Vice Mayor Sessoms' letter of January 9, 1996, is hereby made apart of the record.
Council Lady Henley DISCLOSED re application of 7he Franciscus Coinpany, Inc., pursuant to Section
2 I -639.14(G) of the Code of Virginia, she is a member of the Board of Directors of Tidewater Health
Care, Inc. However, she does not receive any salary or other compensation fiopn Tidewater Health Care,
Inc. 77te property which is the subject of the application of 77ie Franciscus Company, Inc., is owned by
Virg@ Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc.
Council Lady Henley declared she was able to participate in the transaction fairly, objectively and in the
public interest. Council Lady Henley's letter of January 9, 1996, is hereby made apart of the record.
July 9, 1996
City of Virginia Beach
FAX TRANSMITTAL
Department of Planning / Operations Division
Municipal Center, Building 2
Virginia Beach, VA 23456
Phone: (757) 427-4621 FAX: (757) 426-5667
November 24, 1996
TO: Randy Royal FAX: 468-4966
Engineering Services, Inc.
FROM: Suellen Stewart # of Pages (including cover page)
1
I
RE: Your FAX, Nov. 21, 1996 - SITE PLAN Of TARGET STORE AND 56,000
SQUARE FOOT MAJOR TENANT (DSC File F10-503)
cc: Barbara Duke, Planning/Development Services Center
COMMENTS: I agree that it is reasonable to delay the extension of the berm along the Princess
Anne Road frontage of Parcel C-2E until that parcel is developed, and would suggest adding a
note to that effect to the plan. As you have noted, the retention of the full length of the berm was
not a point of discussion prior to Council action on the revised plan, and I can understand your
feeling that it was merely an oversight on your part. However, I can assure you that - had the full
berm not been included - we would have requested that it be retained in order to provide a more
coordinated appearance for the enlarged commercial area. Please contact me at 427-4790 if you
need additional assistance in resolving this issue.
(Also, please remind your client that, although the Planning Director has approved the rendering
for the Target Store, the additional brick sample must be submitted prior to final site plan
approval.)
- 44 -
item V-N.I.
PUBLIC HEAR17VG ITEM # 41043
BY CONSENSUS City Council RESCHEDULED the following APPOINTMENTS:
HEALTH SERVICES ADVISORY BOARD
July 9, 1996
- 45 -
ftm IV-0.1.
ADJOURNMENT nzm# 410"
Vice Mayor Sessoms DECLARED the City Council Meeting ADJOURNED at 5:20 P.M.
Beverly 6.'Jlooks, CMCIAAE William D. Sessoms, Jr.
Cluef Deputy City Clerk Vice Mayor
--- ---------------
--------------------------
Ruth Hodges Smitk CMCIAAE Meyera E. Obemdorf
City Clerk Mayor
CitY of lrtrginta Beach
Virg@
July 9, 1996