NOVEMBER 12, 1996 MINUTES
C>f Vir-&4i@iei
"WORLD'S LARGEST RESORT CffY"
CrrY (X)UNCIL
MA" MEVE)TA t OWRNMRP. A.-@,,
VICE 14AVOR WILWAM D M@.t JR.. A,-U,,
PM A. MVhf, @w @h
IJN@T) 0, MAWH Ill. Vf,,i.. &., h
WILUAM W. MM@. JR.. @.h
ftaft= HFJWHOMP. A,.@,,
@M M. @IENUY. P.w @.,-
Louis A JONFJ, B.,@ @h
RZ&4 S @"N@, A... @,h
NANCY K PAMER. Al U,,
LOVISA M. NRAYMOM. X.@14 @,h
(,II I IIALL Hi@IUIIN,i
JAMU k W)RE. Cit, M,@@ CITY COUNCIL AGENDA 2.11 (:')URIIIOUSI@
@E L U@y. VIF(;INIA RE,I(:If. VIR(;INIA 2343@.@.,
R@ HOMES WITH, CMC I AAE, Cil, Cl@k NOVEMBER 12, 1996 11511477,4,303
1. CITY MANAGER'S BRIEFING - Conference Room 10:00 AN
A. COOPERATIVE LEGAL SERVICES WITH THE SCHOOL BOARD
Leslie L. Lilley, City Attorney
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. INFORMAL SESSION - Conference Room 10:30 AM
A. CALL TO ORDER - Mayor Meyers E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER - Mayor Meyers E. Oberndorf
B. INVOCATION: Reverend Kenneth M. Hicks
Providence Presbyterian Church
C. PLZDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS October 29, 1996
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. LEGISLATIVE PACKAGE - City of Virginia Beach
1. CONSENT AGENDA
Ihe Consent Agenda tWIl be determined during the Agenda Review Session and
cmadered In the ordinary course of business by City Council to be enacted by one
motion.
J. RESOLUTIONS
1. Resolution to extend the Maturity of the $1,250,000 Newport
News Redevelopment and Housing Authority Is Multi-tramily Rental
Housing Revenue Bonds (Series 1983) for Lisa Square Associates
re financing construction of a multi-family rental housing
project located at 469 Lisa Square (LYNNHAVEN
BOROUGH).
K. ORDINANCES
1. Ordinance to DECLARE a 20' strip of City-owned property
adjacent to 4766 Open Greens Drive as EXCESS PROPERTY of the
City of Virginia reach, in the petition of THEODORE A. and
FRANKIR B. CLAY; and, to authorize the City Manager to dispose
of same (KEMPSVILLE BOROUGH).
2. Ordinance to authorize a $45,000 interest-free loan to the
Plaza Volunteer Rescue Squad re purchase of a replacement
ambu@ce.
3. Ordinance to APPROPRIATE $97,568 from the HOME and the
Community Development Block Grant (CDBG) Programs to the FY
1996-1997 Department of Housing and Neighborhood Preservation
Operating Budget re additional rehabilitation grants for low
and moderate income clientele; and estimated revenue from the
HOME and CDBG Programs be increas@d accordingly.
4. Ordinance to ACCEPT and APPROPRIATE $22,394 Federal Grant
Funding to the FY 1996-1997 Mental Health-Mental Retardation-
Substance Abuse (MHMRSA) Operating Budget re early
intervention services to handicapped children and their
families and DCJS Cellblock crant for Women's Treatment
Services at the Jail; TRANSFER $1,170 from the Inmate
Telephone Special Revenue Fund to the FY 1996-1997 MHMRSA
Operating Budget to provide the increase in required match
funding; and, estimated revenue from Federal grant funding be
increased accordingly.
5. Ordinance to ACCEPT and APPROPRIATE $7,945 in Grants from the
Rescue Squad Assistance Fund (RSAF) to the Emergency Medical
Services (ZMS) FY 1996-1997 Operating Budget re purchase of
equipment and supplies; and, estimated state revenues be
increased accordingly.
6. Ordinance to authorize a temporary encroachment into a portion
of the right-of-way of 70th Street to Jerry L. and Patricia
Timm re construction and maintenance of a two (2)-foot wooden
fence and installation of Category I landscaping between the
fence and pavement (LYNNHAVEN BOROUGH).
7. Ordinance to authorize License Refunds in the amount of
$7,384.44.
3:00 pH
PUBLIC HEARING - PLANNING
PLANNING 13Y CONSENT - To be determined @ dw Atemda R*Vifw S@MiOn-
1. MODIFICATION OF CONDITIONS to the February 23, 1993, approved
Use Pe application for a for
WILLXMW 8 ZON re permitting the mix of waste
material from sandblasting ("black sand") with sand being
excavated from an existing borrow pit on property 200 feet
more,or loan North of Kampoville Road beginning at a point 290
feet more or less West of Centerville Turnpike , containing
35.7 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
2. Application of NEW BzozNmings CHURCH OF CHRIST for a
Conditional Us& Permit for a at the Northwest corner of
College Park Boulevard and Draw Drive, containing 15,378
Square fast (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
3. Application of LANGLEY and mcDoNam, P.c. (in behalf of Marion
Manor and the Catholic Diocese of Richmond) for a
line Permit for a nursing home (special care for Alzheimer
patients) on the East side of Princess Anne Road beginning at
a point 509 feet more or less South of Green meadows Drive,
containing 8.2 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
4. Application of CRNTEX HOMES for a Change of Zoning District
Classification from B-2 Community Business District to -@
Residential District at the Northeast corner of Las Brisas
Drive and Sandbridge Road, containing 5.58 acres (PRINCESS
ANNE BOROUGH).
Deferred: October 8, 1996
Recommendation: APPROVAL
5. Application Of OLYMPIA DEVELOPMENT CORPORATION for a Change of
Zoning District rinitigifirntlon from H-1 Hotel pintr4Ct to @-
Offic-'8 DiRt@ at the Southwest intersection of South
Lynnhaven Road and Golden Oak@ Court, containing 4.508 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
6. Applications of the City of Virginia Beach:
a. AMEND and REORDAIN Section 5B of the Site Plan Ordinance
re Flood Plain Regulations.
b. AMEND and REORDAIN Section 203 of the City Zoning
Ordinance re on-site vehicular parking requir@to for
restaurants.
Deferred: October 29, 1996
C. AMEND and REORDAIN Section 801 of the City Zoning
Ordinance re roadside stands for sale of agricultural
products in the 0-2 Office District.
Recommendations: APPROVAL
M. APIPOX)MMme
C04WNITY SERVICES BOARD
EROSION COMMZSSXON
HEALTH SERVICES ADVISORY BOARD
RESORT AREA ADVXSORY COMMISSION (RAAC)
N. UNFXNXSHZD BUSINESS
0. UBW BUSINESS
P. ADJOURNMEM
DECEMER COUNCIL KRZTINGS
DECEMER 3, 1996 2:00 PH
DECOMER 17, 1996 2:00 PH
If you are physically disabled or visually @aired
and need assistance at this meeting,
please call the CITY CLERKIS OFFICZ at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
1/08/96BAP
\11-12-96.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November IZ 1996
Mayor Meyera E Oberndorf called to order the CITY AL4NAGER'S BRIEFING for the IIRGINL4
BF.4CH CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday,
November IZ 1996, at 10. 00 A.M.
Council Members Present:
John A. Baum, Harold Heischober, Louis R Jones, Reba & McClanan,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhom
Council Members Absent:
Linwood 0. Branct% III [FNTERED: 10:42 A.M.]
William W. Harrison, Jr. [ENTERED: 10:40 A.M.]
Barbara M. Henley [ENTERED: 10:10 A.M.]
2
CITY MANAGER'S BRIEFING
COOPERATIVE LEGAL SERP7CES WITH THE SCHOOL BOARD
10:00 AM.
ITEM # 41394
City Attorney Leslie Lilley advised the City has Provided legal services to the School Board, however,
the Board and its Animation have retained management of their legal 4ffairs. 7he City Attorney@
offlce has been called %" whenever the &hool Board or the Superintendent thought it appropriate for
the City to be invo@ Representation has been provided at the School BDard meetings for many years.
7he City Attorney t offlce is familiar mth Municipal and School issues and can prowde legal services
at a less ve rate than can be purchased in the private sector.
7he DRAFT Agreement has been coordinated based van the past Agreement and conversations with
Counci@ Harrison, the Council@ representative, Supermt@nt of &hools Dr 7Ymothy R Jenny and
&hool Board Memben Donald E Bennis and Paul J Lanteigne 7here have also been discussions with
the &hool Board in its entirely 7he DRAFT Cowrative Legal Services @ement continues the
cOOperative services Provided in the past. 7his will be the third Year for said Agreement. Normally this
agreement is entered into July First of each year. However, the City is ready now to put a document in
place- In this age of technology, it is no longer essential the Attorney remain in the City Attorney @ Office.
7he Offlce is contemplating locating one (1) City 4ttorney in the &hooIA&ninistration Building as early
as December First, if both governing bodies agree 4ssistant City Attorney John Newhard has been
ProWi*ng services to the &hool Board Mr Newhard mdll still be responsible to the City Attorney. A
Secretary for Mr. Newhard will be Provided by the &hool A&ninistration. 7he &hool Board recognizes
@tional sertices are rNWred beyond those of Mr. Newhard. 7he City Attorney has informed the &hool
Board there will be an average of 1650 service hours provided. It is contemplated the &hool Board will
agree to fund one additional Attorney II who will work in the City Attorney's office. Mr. Newhard will
be on-site and when issues involving Real Estate, Cons&ucdon, Planning, Zoning or Environmental
arise, he %ill contact the City Attorney's Offlce. 7he City Attorney @ offlce will provide Utigadon services,
if they could be provided within the hours budgeted. 7his arrangement will be on a trial basis until June
30, 1997, and the,; hopefully, continue or possibly expand.
7he City Attorney antic@tes the School Board will require more hours than his offlce is able to provide
under the aforesaid arrangement which will encompass 3300 hours of services with overtime which wtll
increase these hours. Tlus City Attorney will work with the School Superintenden4 but %ill report directly
to the &hool Board
@ Agreement contemplates the City Attorney and his @ wUl be the Chief Legal Advisors to the
School Board. 7he City Attorney's offlce %ill assist in managi@g their legal services budget. 7he City
Attorney's office will try to reduce outside counsel cost to the greatest extent possible. 7he hourly rate for
the City Attomey's services will be approximately $64.00 per hour. 7he &hool Board has chosen this
option for the City Attorney to be the Chief Legal Adtisor rather than the option of the &hools hiring
General Counsel and employing the City Attomey@ offlce on a contractual basis.
If there is a move by the City Council that the School Board will not appreciate, this agreement calls for
the @ bodies to recognize this might occur and advise the City Attorney of same. Zhe City Attorney will
advise the &hool Board they need to hire outside Counse4 as he will represent City Council. ihis
agreement contemplates this situation.
If there was a situation where the Board and the Council desired to take legal action, in that instance he
could not represent either body. In that instance, the City Council and the School Board each will have
to hire outside Counsel.
7his Cooperaffve Legal Serpices 4greement will be SCHEDULED for the City Council Session of
November 26, 1996, and the &hool Board Meeting of November 26, 1996.
November IZ 1996
- 3 -
AGENDA REVIEW SESSION
10:28 A.M.
ITEM # 41395
BY CONSENSUS, the following items shall compose the CONSEAT AGENDA:
RESOLUTIONSIORD17VANCES
J-1 Resolution to extend the Maturity of the $1,250,000 Newport
News Redeve@ent and Housing Authority's Mufti-Family
Renud Housing Revenue Bonds (Series 1985) for LAw Square
Associates re financing construction of a multi-family rental
housing project located at 469 Lisa Square (LYNNHAVEN
BOROUGH).
KI Ordinance to DECLARE a 20'strip of City-owned property
adjacent to 4766 Open Greens Drive as EXCESS PROPERTY
of the City of Pzrginia Beac,% in the petition of TREODORE
A. and FRAAWIE B. CL.4Y, ani4 to authorize the City
Manager to dispose of same (KEMPSVILLE BOROUGH).
K2 Ordinance to authorize a $45,000 interest-free loan to the
Plaza Volunteer Rescue Squad re purchase of a replacement
ambulance.
K3 Ordinance to APPROPRL4TE $97,568 fiom the HOME and
the Commnity Development Block Grant (CDBG) Programs to
the FY 1996-1997 Department of Housing and Neighborhood
Preservation Operating Budget re addwonal reUNatation
grants for low and moderate income clientele; antt estimated
revenue from the HOME and CDBG Programs be increased
accordingly.
K4 Ordinance to ACCEPT and APPROPRL4TE $2Z 394 Federal
Grant Funding to the Fy 1996-1997 Mental Health-Mental
Retardation -Substance Abuse (MHMRSA) Operating Budget re
early intervention services to handicapped children and their
fam&es and DCJS CeUblock grant for Womens Treatment
Services at the Jail, TRANSFER $1,170 from the Inmate
Telephone Special Revenue Fund to the FY 1996-1997
MHMR&4 OPerating Budget to provide the increase in required
match funsung, ani4 estimated revenue from Federal grant
funding be increased accordingly.
K5 Ordinance to ACCEPT and APPROPRL4TE $7,945 in Grants
from the Rescue Squad Assistance Fund (R&4F) to the
Emergency Medical Services (EMS) FY 1996-1997 Operating
Budget re Purchase of equipment and supplies; and estimated
state revenues be increased accordingly.
K6 Ordinance to authorize a temporary encroachment into a
portion of the right-of-way of 70(h Street to Jerry L. and
Patricia 71mm re construction and nfaintenance of a two (2)-
foot wooden fence and installation of Category I landscaping
between the fence and pavement (LYNNHA VEN BOROUGH).
K 7 Ordinance to authorize License Refunds in the amount of
$7,384.44.
November 1Z 1996
- 4 -
AGENDA REVIEW SESSION
ITEM t 413%
Council Lady Par*er referenced concerns relative:
L I MODIFIC4TION OF CONDMONS to the February 23,
1993, approved Cm&tional Use Permt application for a
borrow Pit for WILLUMS HOLDING CORPORATION re
permitting the mix of waste material from sandblasting (-black
sand") with sand being excavated fiom an existing borrow pit
on property 200 feet more or less North of KmWsville Road
beginning at a point 290 feet more or less West of Centerville
7'urnPike, containing 35.7 acres (KEMPSVILLE BOROUGH).
Council Members Parker and Henley were concerned relative the water @ monitoring.
ClayBernickadvisedtheprocessutilizedfortheoperation. WilliamsHoldingbringssandblwtgMfrom
area sh4pyards and mixes that with sand at the bottom of the borrow pi4 adding dry cement. 7his
combined mixture then becomes an aggregate which is used as a subgrade for road bed construction on
state highway PrOjects. 7he Process of shipping the sand blast grid is all subject to Department of
Envir@ntal Quality testing and that grid has to meet the acceptable levels. 77tose levels are established
by Environmental Protection Agencies, enforcer monitored and inspected by the Department of
Env'rmmntal QualitY, before the material even arrives in the borrow pit. 77se materia4 when it does
come to the pi4 is segregated from other portions of the operation. 7here is no residual material left in
the pit each day. 7here will also be periodic testing through the proposed conditions of the City by the
operator at the site. Mr. Bernick will provide a list of EPA and DEQ standards and how they compare.
7his material has previouyly gone to a facility in ChesaP@ on the Southern Branch of the Elizabeth
River, where the material has been mixed with cement and other aggregate to make concrete blocks for
the construction industry and has been placed in area landfills. 7his process would remove this material
from the landfill stream and make it a useable product for industry-
Assistant Attorney Macali advised there is a question of whether or not a Federal standard can be
enforced which is more stringent than a State standard. A condition shall be ADDED to the application:
'7'he applicant shall comply with all applicable federa4 state and local water quality standards. 11
City Council suggested DEFERRAL until the City Council Session of November 26, 1996, to assure the
correct legal language is utilized to assure even more stringent oversight.
ITEM # 41397
BY CONSENS@ the following items shall compose the PL4NNING BY CONSENT AGENDA:
L.1 MODIFIC,4TION OF CONDITIONS to the February 23,
1993, aPPrOved COnditional Use Permit application for a
for 97LLL4MS HOLDING CORPORATION re
permitting the mix of waste material from sandblasting ("black
sand") with sand being excavated fi-om an existing borrow pit
on property 200 feet more or less North of Kempsville Road
beginning at a point 290 feet more or less West of Centerville
7'urnP@, containing 35.7 acres (KEMPSPILLE BOROUGH).
L.2 Application of NEW BEGINNINGS CHURCH OF CHRIST
for a Conditional Use Permit for a church at the Northwest
corner of College Park Boulevard and Drew Drive, containing
15,378 square feet (KEMPSP7LLE BOROUCH).
November 12, 1996
- 5 -
AGENDA REVIEW SESSION
ITEM # 41397 (Condnued)
L3 Applicadon of L,4NGLEY and McDONALD, P.C. (in behalf of
Marion Manor and the Catholic Diocese of Richmond) for a
congu@l Use Perfidt for a nursing home (special care for
ALzheiiner patients) on the E4st side of Princess Anne Road
beginning at a point 509 feet more or less South of Green
Meadows Drive, containing 8.2 acres (KEMPSP7LLE
BOROUGH).
L.4 Application of CEATEX HOMES for a
@ct don from B--2 District
to R-15 Residen ;a/ District at the Northeast corner of Las
Brisas Drive and Sandbridge Road, containing 5.58 acres
(PRINCESS ANNE BOROUGH).
L 5 Applzcahon of OL YMPL4 DEVELOPMENT CoRpORA TION
for a Change from H-1 Hotel
District to at the Southwest intersection of
SOuth LYnnhaven Road and Golden Oak Court, containing
4.508 acres (LYNNHAVEN BOROUGH).
L.6 APPlicatiOns of the CitY of Virginia Beach:
a. AMEND and REORDAIN Section 5B of the Site Plan
Ordinance re F@ P@n Reguktions.
b. "END and REORDAIN Sectlon 203 of the City Zoning
Ordinance re on-site vehkular parking requirements for
restaurants.
c. AMEND and REORDAIN Section 801 of the City Zoning
Ordinance re roadside stands for sale of agricultural products
in the 0-2 Office @yict.
Item L.] will be DEFERRED until the City Council Session of November 26, 1996.
Item L6b @ll be DEFERRED INDEFINITELY; however, this item was be discussed in the Executive
session.
November 12, 1996
- 6 -
CITY COUNCIL CONCERNS
10:50 AM.
ITEM # 41398
Counci@ Baum referenced the announcement of the 77d#water @ Con&ol Show on November 16
(P. 00 " so S. 00 PAO and November 17, 19% (9. 00 AM to 4. 00 PAO, at the Pavgion. 7his program
is to benefit the Childrens Hospital of the Kings Daugkers. An article %WI appear in the BEACON on
Fr@, Moveinber 15, 1996. 7his is a hobby enjoyed by many. Revenue is brought to the City by the
competitors in these @s.
November 12, 1996
- 7 -
ITEM # 41399
Mayor Meyera F, Oberndorf called to order the RVFORMAL SESSION of the P7RGINL4 BF,4CH CITY
COUNCIL in the City Council Conference R@ City Hall Building, on nesd2y, November IZ 1996,
at 10.,55 A.M.
Council Members Present.-
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heisch0ber, Barbara M Henley, Louis R Jones, Reba S McClanan,
Mayor Meyera E. Obemdorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Absent:
None
November IZ 1996
- 8 -
ITEM # 41400
Mayor Meyera E Oberndorf, entertained a motion to permit City Council to conduct its EXECUT@
SESSION, pursuant to Section 2 1 -344, Code of Virginia, as amendea for the following purpose:
PERSO,NWEL )WA ITFRS, Discussion or consideration of or interviews
of prospective candidates for employmen4 assignmen4 appointpnent,
proinotior; performance, demotior4 salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2 1 -344 (A) (1).
To Wi t: City Manager@ Contract
Appointinents - Boards and Commissions:
Community Services Board
Erosion Commission
Health Services AdvLvory Board
Resort Area Advisory commission
PUBLIC[ Y-UPLI) PROPERTY.- Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held propen),, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 21-344(A)(3).
To- Wit: Princess Anne Borough
I,ynnhaven Borough
Southeastern Parkway and Greenbelt
LEGAL MAZTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1 -344(A)(7).
To - Wit: City of Virginia Beach v ell &Associates, p. C
COntractual Negotiation - Sports Arena
W Cason Barco v. Bard of Zoning Appeals, Janezeck and
CitY of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Councibnan kaum, City Council voted to proceed into
EXECUT" SESSION.
Voting: 11-0
Council Members voting Aye:
John A. Baum, Linwood 0. Branch, III, 4-tiliam W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S McCianan,
MaYOr MeYera E. Oberndorf Nancy K Parker, Vice Mayor Williain D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
November 12, 1996
NWOUD 0 BRANCH SOUTH SHORE RESORT NN
@@o@JNCItMAN VIRGNIABEACHBOR U(@@ 1000 ATLANTIC AVENUE
i'tO4) 428 6141 1 422 4902 VIRGIN A BEACH, VIRG NIA 2345'
November 12, 1996
Mrs. Rudi Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smidi:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuant to the Virginia Conffict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
I . The transaction for which I ain executing this written disclosure is the
Councit's discussion and vote on the City's possible purchase of property
owned by Mr. Grayson Wbitehurst as part of its ovemb acquisition of right-of-
way for the proposed Southeastern Parkway and Greenbelt.
2. The nature of my personal interest is that Mr. Whitehurst is one of my distant
cousins (our grandmothers are sisters). However, Mr. Whitehurst and I do not
live in the same household, neither one of us is a dependent of the other, and
I do not have any interest, financial or otherwise, in the subject property.
3. Aidiough the City Attorney has advised me that this interest does not meet the
criteria of a personal interest m the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and m the pubhc interest.
Mrs. Ruth Hodges Smith -2- November 12, 1996
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Accordingly, I respec@y request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Ammy, which addresses @ same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Linwood 0. Branch III
LOBE[[./clb
Enclosure
LESLIE L LILLEY MUNICIPAL CENTER
CITY ATTORNEY 2401 COURTHOUSE DRIVE
V RGINIA BEACH VA n456-9@4
(767) 427-4531
In Reply Refer To Our File No. OP-397 FAX (757) 426 5687
TDD (757) 427 4305
November 12, 1996
Counc@ Linwood 0. Branch IE[I
773 Arctic Avenue
Virginia Beach, Virginia 23451
Re: Request for Conflict of Interests Act Opinion
Dear CounciM= Branch:
I am writing in response to your request for an opinion as to whether or not you are
permitted to participate in the Council's discussion and vote on the City's possible purchase
of property owned by Mr. Grayson Whitehurst as part of its ovemu acquisition of right-of-
way for the proposed Southeastern Parkway and Greenbelt.
SUMMARY CONCLIJRION
Based upon the facts presented, I conclude that you are permitted to participate in the
Council's discussion and vote on the City's possible purchase of property owned by Mr.
Grayson Whitehurst as part of its overall acquisition of right-of-way for the proposed
Southeastern Parkway and Greenbelt.
I base this conclusion on the following facts which you have presented. Please
review, and verify the accuracy of, the facts since you may only rely upon this opinion to
the extent that the facts are complete and accurate.
FAM
You have advised that Mr. Grayson Wlutehurst, one of your distant cousins (your
grandmothers are sisters), owns a borrow pit located in the path of the proposed route for
the Soud=stern Parkway and Greenbelt. You have further advised that City Council wiR
Counc@ Linwood 0. Branch III -2- November 12, 1996
Re: Request for Conflict of Interests Act Opinion
be discussing, and possibly voting upon, the purchase of Mr. Whitehurst's property as part
of die City's overall acquisition of right-of-way for the Parkway. And finally, you have
advised that you and Mr. Whitchurst do not reside in the @ household, that neither of you
is a dependent of the other, and that you do not have any interest, financial or otherwise, in
the subject property. You have inquired whether or not you may participate in the Council's
discussion and vote on the City's possible purchase of the property owned by Mr.
Whitehurst.
ISSUE
Are you permiued to participate in the Council's discussion and vote on the City's
possible purchase of property owned by Mr. Grayson Whitehurst as part of its overall
acquisition of right-of-way for the proposed Southeastern Parkway and Greenbelt?
DISCUSSION
The State and @ Government Conflict of Interests Act is set forth in §§ 2.1-639.1
et seq. of the Code of Virginia (1950), as aniended. The prinalry focus of the Act is on the
Personal interests of an officer or employee of state and local govcmmnt in the transactions
of, and contracts with, the governmental or advisory agency of which he or she is a member.
The critical inquiry, therefore, is whether or not you have a personal interest in the Council's
discussion and vote on the City's possible acquisition of Mr. Whitehurst's property by virtue
of the fact that he is your distant cousin.
"Personal interest in a transaction" is defined in the Act as
a personal interest of an officer or employee in any matter
considered by his agency. Such personal interest exists when an
officer or employee or a niember of @ immediate family has a
interest in V=lu or a business, or represents any
individual or business and such property, business or
represented individual or business (i) is the subject of the
transaction or (ii) may reahm a reasonably foreseeable direct or
indirect benefit or detriment as a result of the action of the
agency considering the transaction.
(Emphasis added.)
CounciW= Linwood 0. Branch M -3- November 12, 1996
Re: Request for Conflict of Interests Act Opinion
You have advised that the property which wiU be the subject of Council's discussion
and vote is owned by your distant cousin, Mr. Grayson Whitchurst, and that you have no
interest, financial or otherwise, in the property. Therefore, unless he is a member of your
"immediate @y," as that tem is defined in the Act, you do not have a personal interest
m the transaction.
te family" is defined as "(i) a spouse and (n) any other person residmg m
the same household as the officer or employee, who is a dependent of the officer or
employee or of whom die officer or employee is a dependent. " You have indicated that you
and Mr. Whitehurst do not reside in the same household, and that neither of you is a
dependent of the other. Therefore, Mr. Whitehurst is not a member of your "immediately
family' for purposes of the Act.
CONCLUSION
Based upon the facts presented, and the application of the law to those facts, I
conclude that you are permitted to participate in the Council's discussion and vote on the
City's possible acquisition of property owned by Mr. Grayson Whitehurst as part of its
overall acquisition of right-of-way for the proposed Sou@tem Parkway and Greenbelt.
The Confiict of Interests Act deals with the @s of influences upon a public officer's
judgmnt which are clearly improper. The law does not, however, protect against all
appearances Of unproper @nce. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial.
P@ contact nie should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
cb/coi/branpkwy.coi
- 9 -
FORMAL SESION
117RGINL4 BEACH CITY COUNCIL
November 12, 1996
2:17 PM.
MaYor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRG17VL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November IZ 1996, at 2:17 P.M.
Council Members Present:
John A. Baum, Linwood 0. Branci4 III, William W Harrison, Jr,, Harold
Heischober, Barbara M. Henley, Louis R, Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf Nancy K Parker and Vice Mayor William
D. Sessom, Jr and Louisa M. Strayhorn
Council Members Absent.-
None
INVOCATION., Reverend Kenneth M. Hicks
Providence Presbyterian Church
PLEDGE OF AUEGL4NCE TO THE FLAG OF THE UNITED STATES OF AME)Uc4
November 12, 1996
- 10 -
Item V-E.
CEA77FICATION OF
EXECUTNT SESSION
ITEM # 41401
Upt)n motion by Vice Mayor Sessom, seconded by Council Lady Strayhom, City Council CERTIFIED
THE EXECUTIM 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,
OnlY such Public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker,, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
November 12, 1996
troolitt*
tatt
CERTIF'ICA'NON OF EXECUTIVE SESSION
VIRGINIA BEACH CrrY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ffEM 0 41400 Page No. 8 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 certlflcatfon by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each mcmber'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.
City Clerk November 12, 1996
item V-El.
AUNUTES ITEM 41311
Upon motion by Ilice Mayor Sessom, seconded by Council Lady Parker, City Council APPROVED, the
Minutes of the INFORMAL AND FORAL4L SESSIONS of October 29, 1996.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Reba S. McCianan,
MaYor Meyera E. Oberndorf Nancy K Parker, rzce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
November 12, 1996
12 -
ADOPT AGENDA
FOR FORMAL sEssioN ITEM # 41402
By CONSENSU@ City Council ADOPTED.
AGENDA FoR THE FORMAL SESSION
AND ADDED,
Resolutwn to endorse Mayor Meyera E Oberndorf as a candidate for
POsition of Second Vice President of the National League of Cities.
A ND,
Ordinance for extension of City Manager's contract (November 25, 1996
- November 30, 2001) adding Health Insurance Benefits.
November 12, 1996
- 13 -
item V-H.I.
PUBL[C HEARIIVG ITEM # 41403
Mayor Oberndorf DEC A PUBLJC HEARING:
LEGISL.4TIVE PACK4GE
CITY OF VIRG17VL4 BE,4CH
7he following registered to speak.
Hen?y Richardsor; Coinfort Inn, 28(h and Pacific, Phone: 428-2203, President - HotellMotel
Association. Letter in support of several key issues is hereby made a part of the record.
7'here being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 12, 1996
14 -
JWSOLUTION ITEM # 41404
Upon motion by Vzce Mayor Sessoms, seconded by Council Lady Strayhom, City Council ADOPTED:
Resolution to extend the Maturity of the $1,250,000 Newport News
Redevelopnent and Housing Authority's Muki-FamUy Rental Housing
Revenue Bonds (Serin 1985) for Lisa Square Associates re financing
consouc@ of a multi-family rental housing project located at 469 Lisa
Square (LYNNHAVEN BOROUGH).
Voting: 11-0
Council Meinbers Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
November 12, 1996
RESOLUTION OF
CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
WHEREAS, the Newport News Redevelopment and Housing Authority (the
Housing Authority) has approved the request of Lisa Square Associates (the Borrower)
and Life Savings Bank, FSB (the Bondholder) to extend the maturity of the Housing
Authority's Multi-Family Rental Housing Revenue Bonds (Lisa Square Associates
Project), Series of 1985 (the Bonds), the proceeds of which were used to finance the
construction of a multi-family rental housing project located at 469 Lisa Square in the
City of Virginia Beach, Virginia (the Project), from March 1, 2005, to September 1, 2016;
and
@REAS, a copy of the Housing Authority's resolution approving the
modification of the Bonds and other details relating to the modification of the Bonds
adopted on September 17, 1996, immediately after a public hearing held by the Housing
Authority, together with a copy of the resolution adopted on October 8, 1996, by the City
Council of the City of Newport News approving such modification, have been filed with
the Clerk of the City Council; and
@REAS, since the Project is located in the City of Virginia Beach, it is
necessary for the City of Virginia Beach Development Authority (the Development
Authority) to hold a public hearing in connection with the modification of the Bonds and
for the City Council of the City of Virginia Beach, as the highest elected governmental
officials of the City of Virginia Beach, to approve the modification of the Bonds in order
for the Bonds to continue to qualify as an issue providing a project for residential rental
property within the meaning of Section 103(b)(4)(A) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, the Development Authority has held a public hearing with respect to
the Bonds and has recommended adoption of this resolution;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRG@:
1. The modification of the Bonds to extend the maturity thereof as described
herein is hereby approved.
2. The approval granted herein does not constitute any representation or
warranty as to the creditworthiness of the Project or the Borrower and the Bonds shall
continue to provide that neither the Housing Authority nor any other political subdivision
of the Commonwealth of Virginia shall be obligated to pay the Bonds or the interest
thereon or other costs incident thereto except from the revenues and monies pledged
therefor and derived ftom the Project or the Borrower and neither the faith or credit nor
the taxing power of the Conunonwealth of Virginia or any political subdivision thereof
shall be pledged to the payment of the Bonds.
3. This resolution shall take effect inunediately upon its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day
of November, 1996.
Clerk, City Council of the City of Virginia
Beach
307932
7
VIRGINIA
BE,-AICH Development Authority
one Columbus Center, Suite 300
Virginia Beach, VA 23462
(804) 499-4567
FAX (804) 499-9894
Kenneth F. Palmer, Chai@t,
Robin D. Ray, Vtce-Chairman
F. Dudley Fulton, Trmwff
Kenneth D. Barefoot, Secreta?Y
W. Brantley Basaight III
David A. King, Jr.
Thomas J. Lyons, Jr
October 15. 1996
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Municipal Center
Virginia Beach, VA 23456
Re: Lisa Square Associates, a Virginia limited partnership
Multi-Fatnily Rental Housing Revenue Bonds
Series 1985
We submit the following in connection with a project for Lisa Square Associates, a
Virginia limited partnership located at 469 Lisa Square in Virginia Beach, Virginia.
(1) Evidence of publication of the notice of hearing is attached as Erhibit A , and a
summary of the statements made at the public hearing is attached as Erhibu B . The City of
Virginia Beach Development Authority's (the "Authority") resolution recommending Council's
approval is attached as Exhibit C .
(2) The Disclosure Statement is attached as Erhibit D .
(3) The statement of the Authority's reasons for its approval as a benefit for the City of
Virginia Beach and its recommendation that City Council approve the modification of the bonds
described above is attached as Exhibit E .
(4) The Fiscal Impact Statement is attached as Erhibit F .
The Honorable Meyera E.
Oberndorf, Mayor
Members of City Council -2- October 15, 1996
(5) Attached as Exhibit G is a summary sheet setting forth the type of issue, and
identifying the Project and the principals.
(6) Attached as Erhibit H is a letter from the appropriate City department commenting
on the Project.
Very truly yours,
Robin Ray u
Chairman
RR/GLF/rab
Enclosures
114
EXFIIBIT A ISILLED ACCTOI AD HUPISSR 144VC NUMBER
93 02 W064080 730096001
BZT-LED ACCO@T
ENTM AM@
0.6 4.OF I
JENCLOSSO PAY MT a ow
KAUFMAN AND CAMOLES
P.O. BOX 3037
NCRFOLX VA 23314
Issue KOZIRION zwe NM CoomzpTxok SIZE anoss Mr.
10/01/" FULL 734096001 LISA @E ax 0035 187.60
10/08/96 FuLt- 730096002 LIU MARI 2x 0033 187.60
TOTAL 375.20
State of Virginia AFFIDAVIT
City of Norfolk
This day Lisa V. Welln personally sopeared before me and after being duly sworn made oath tha
(1) (Me) (She) is affidavit clerk of The Virginian-Pilot a newspaper Published y Landmark
Communications Inc., in the cities of Norfolk, Portsmouth, Chesapeake, Suffolk irginia
Reach, State of Virginia;
(2) That the advertisement hereto annexed at LISA SQUARE has been ad in
said newspaper during the following dotes: 10/02/96 - 10/0$/96
0 Affiant
Subscribed and sworn to before me in my city and state aforesaid this 13TH day f OCTOBER
1996
KY commission expirem DECEMBER 31, 1999
CO tl
NT-t ary Public
TOTAL P.02
EXHIBIT A
NOTICE OF PUBLIC HEARING
BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
Lisa Square Associates, a Virginia Limited
partnership (the Borrower), whose principal place of
business is 814-H Greenbrier Circle, Chesapeake, Virginia
23320, has requested the Newport News Redevelopment and
Housing Authority (the Housing Authority) to assist in
the modification of certain documents and instruments
relating to the Housing Authority's $1,250,000 Multi-
Family Rental Housing Revenue Bonds (Lisa Square
Associates Project) Series 1985 (the Bonds) which were
issued on April 12, 1985, to finance the acquisition,
construction and equipping of a multi-family rental
housing project located at 469 Lisa Square in the City of
Virginia Beach, Virginia (the Project). Such
modifications include the extension of the maturity of
the Bonds and the inclusion, for the benefit of the
holder of the Bonds, Life Savings Bank, FSB, of the right
to require the redemption of the Bonds on or after
September 1, 2003. In order to seek the advice of
citizens as required by law, the City of Virginia Beach
Development Authority (the Development Authority) will
conduct a public hearing on Tuesday, October 15, 1996, at
its monthly Board of Commissioners meeting at 8:30 a.m.
at the Development Authority's offices at one Columbus
Center, Suite 300, Virginia Beach, Virginia. Further
information may be obtained by contacting the Housing
AUthority's Community Development Director at 247-9701.
Project information is available at the Housing
Authority's offices for public review. If any person
wishing to comment is disabled and will require an
accommodation in order to participate in the public
hearing, assistance may be obtained by contacting the
Development Authority at 499-4567.
THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
BY:
T
(;:XUSM"@@WOMMA[330.MB
EXHIBIT B
CRFY OF VIRGINIA BEACH DEVELOPMENT AUTHORRFY
RECORD OF PUBLIC HEARING
(Lisa Square Associates Project)
The Chainnan of the City of Virginia Beach Development Authority (the "Authority")
announced the commencement of a public hearing on the request of Lisa Square Associates, a
Virginia liraited partnership (the "Boffower"), and that a notice of the hearing was published once
a week for two consecutive weeks in a newspaper having genew circulation in the City of
Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the
hearing and the second publication being not more than twenty-one (2 1) days prior to the hearing.
The Chairman indicated that a copy of the notice and a certificate of publication of such notice
have been filed with the records of the Authority and will be filed with the City Council of the
City of Virginia Beach.
The following individuals appeared and addressed the Authority:
Mr. George L. Consolvo appeared on behalf of the Borrower. Mr. Consolvo gave a brief
de@ption of the Project (below defined). He explained that the proposed transaction is a
modification of the payment terms of the Newport News Redevelopment and Housing Authority
(the "Issuer") Multi-Fan3ily Rental Housing Revenue Bonds (Lisa Square Associates Project),
Series 1985 (die "Bonds"), the proceeds of which were used to finance the construction of a 80-
unit multi-family rental housing project known as "Lisa Square Apartrnents" located at 469 Lisa
Square in the City of Virginia Beach, Virginia (the "Project"). He related that public approval
was given prior to the issuance of the original financing in 1985 and that, subject to receipt of
the requested City of Virginia Beach approval, the Issuer has authorized modification of the
Bonds. This approval is being requested at this time as technically required by the Intemal
Revenue Code in connection with the modification of the Bonds because the weighted average
life of the Bonds is being extended. The original benefits of the Project - the provision of safe,
attractive and sanitary housing for low to moderate inrome families within the City of Virginia
Beach - will continue. The @fication of the Bonds will extend the restriction placed upon the
property when the initial financing was entered into in 1985 thereby assuring the City of Virginia
Beach that the benefit of the income restrictions applicable to these apartments will continue.
No other persons appeared to address the Authority and the Chairman closed the public
heazing.
The Authority then adopted a resolution recommending that the City Council approve the
modification of the Bonds, directing the =sniission to the City Council of a Fiscal MVact
Statement and recommending that this matter be considered at the Council's meeting on the 12th
day of November, 1996.
309715
EXHMrr C
RESOLUTION OF
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
@REAS, the Newport News Redevelopment and Housing Authority (the Housing
Authority) has approved the request of Lisa Square Associates (the Borrower) and Life Savings
Bank, FSB (the Bondholder) to extend the maturity of the Housing Authority's Multi-Family
Rental Housing Revenue Bonds (Lisa Square Associates Project), Series of 1985 (the Bonds), the
proceeds of which were used to finance the construction of a mulfi-family rental housing project
located at 469 Lisa Square in the City of Virginia Beach, Virginia (the Project), ftom March 1,
2005, to September 1, 2016; and
@REAS, a copy of the Housing Authority's resolution approving the Modification of
the Bonds and other details relating to the modification of the Bonds adopted on September 17,
1996, irmnediately after a public hearing held by the Housing Authority, together with a copy
of the resolution adopted on October 8, 1996, by the City Council of the City of Newport News
approving such modification, have been filed with the City of Virginia Beach Development
Authority (the Development Authority); and
@REAS, since the Project is located in the City of Virginia Beach, it is necessary for
the Development Authority to hold a public hearing in connection with the modification of the
Bonds and for the City Council of the City of Virginia Beach (the Council), as the highest
elected governmental officials of the City of Virginia Beach, to approve the modification of the
Bonds in order for the Bonds to continue to qualify as an issue providing a project for residential
rental property within the meaning of Section 103(b)(4)(A) of the Internal Revenue Code of
1954, as amended; and
WHEREAS, the Development Authority has held a public hearing with respect to the
Bonds inunediately prior to its consideration of this resolution;
BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT
AUTHORITY:
I . The Development Authority hereby recommends that the Council approve the
modification of the Bonds to extend the maturity thereof as described herein at the Council's
meeting scheduled for the 12th day of Noveriber 1996. The Development Authority
hereby finds that such modification has bee-n previously au@thorized by the Housing Authority and
the City Council of the City of Newport News, Virginia, and hereby directs the Chairman to
subniit a Fiscal linpact Statement to the Council as required by law.
2. The reconiinendation given herein does not constitute any representation or
warranty as to the creditworthiness of the Project or the Borrower and the Bonds shall continue
to provide that neither the Housing Authority nor any other political subdivision of the
Commonwealth of Virginia shall be obligated to pay the Bonds or the interest thereon or other
costs incident thereto except fi-om the revenues and monies pledged therefor and derived from
the Project or the Borrower and neither the faith or credit nor the @g power of the
Conmionwealth of Virginia or any political subdivision thereof shall be pledged to the payment
of the Bonds.
3. This resolution shall take effect immediately upon its adoption.
Adopted this 15th day of October, I ir@@
Secretary, Ci Virginia ch Development
Authority
307521
EXHIBRI D
DISCLOSURE STATEMENI
Date: October 15, 1996
Applicant's Naine(s): Lisa Square Associates
All Owners (if different from applicant):
Type of Application:
Rezoning From To
Conditional Use Permit:
Street Closure:
Subdivision Variance:
Other: Bond Modification
'Me follovang is to be completed by or for the Applicant:
1. If the applicant is a CORPORATION, list all of the officers of the Corporation:
2. If the applicant is a PAKFNERSHIP, FHW or other LJnincorporated Organization, list all members or
partners in the organization:
John W. Ainslie, Sr. as Managinp General Partner of Mark Four Associates, L.P., Jeffrey W. Ainslie
The following is to be completed by or for the Owner (if different from the applicant)
1. If the applicant is a CORPORATION, list all of the officers of the Corporation:
2. If the applicant is a PARTNERSHIP, FMM or other ljruncorporuted Organization, list all members or
partners in the org@7,ation
L's
By:
30623 (reneral Panner
@-T
NOR F A
A4A[IT)N Ivan
F'@RATES
ik
RINC
r
ALAN N
DR
Pr
L
ament
H
s
c
s
A H
jo/fis Map
VIRGINIA
BE.,AILCH Development Authority
One Columbus Center, Suite 300
V@ Beach, VA 23462
(804) 4994567
FAX (804) 499-9894
Kenneth F. @r, C@n
Robin D. Ray, Vtce-Chairman
F. Dudley Fulton, Tremwff
Kenneth D. Barefoot, Seaetary
W. Brantley Banfight III
David A. King, Jr.
T'homas J. Lyons, Jr.
EXHIBIT E
MODIFICATION OF
NEWPORT NEWS REDEVELOPMENT AND HOUSING AUTHORITY
MULTI-FAMILY RENTAL HOUSING REVENUE
BONDS, SERIES 1985
(LISA SQUARE ASSOCIATES PROJECT)
The Authority recommends approval of the captioned transaction. Public approval was given
prior to the issuance of the original financing in 1985 which financed the construction by Lisa
Square Associates of the Lisa Square Apartments (the "Project"). The approval is being
renewed at this time as technically required by the Internal Revenue Code because the weighted
average life of the bonds is being "tended. The original benefits of this Project - the provision
of safe, attractive and sanitary housing for low to moderate income families within the City of
Virginia Beach - continues to be the basis for recommendation. The modification will preserve
and extend the restrictions placed upon the property when the initial bond financing was entered
into in 1985, thereby assuring the City of Virginia Beach that the benefits of the income
restrictions applicable to these apartments will continue.
EXHIBIT F
FISCAL IMPACT STATEMENT
FOR LISA SQUARE ASSOCIATES PROJECT
DATE: OCTOBER 15,1996
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: LISA SQUARE ASSOCIATES
TYPE OF FACILRFY: MULTI-FAMILY RENTAL HOUSING
1. Maximum amount of financing sought $ 1,250,000
2. Estimated taxable value of the facility's
real property located in the municipality $ 2,181,000
3. Estimated real property tax per year using
present tax rates $ 25,910
4. Estimate personal property tax per year using
present tax rates $ 125
5. Estimated merchants' capital (business license)
tax per year using present tax rates N/A
6. Estimated dollar value per year of goods and
services purchased locally S 130,955
7. Estimated number of regular employees on year
round basis 2
8. Average annual salary per employee $ 16,700
The informafion contained in this Statement is based solely on facts and estimates
provided by Lisa Square Associates, and the Authority has made on independent
investigation with respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By.
309835
EXHIBIT G
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
MULTI-FAMILY RENTAL HOUSING REVENUE BONDS
1. PROJECT NAME: Lisa Square Apartments
2. LOCATION: 469 Lisa Square
3. DESCRIPTION OF PROJECT: Multi-family residential rental facility
4. AMOUNT OF BOND ISSUE: $1,250,000
5. PRINCIPALS: John W. Ainslie, Sr.
Jeffrey W. Ainslie
6. ZONING CLASSIFICATION:
a. President zoning classification
of the Property Multi-family residential (A-18)
b. Is rezoning proposed? No
C. If so, to what zoning
classification? N/A
3098"
@-atIBIT I'
AW IXf(;U'NL I CKi it, A
(IF I-Alli hot Ni Of I K)LONG AN(' Vlflr,'NiA JIF AC!"
NiKilitoo"U r,4 srRVOkIKM
(,,) A,'C, IVI
t Ax I&@ @ 426 i.,@
i(it) KM) 4pr@ @1,94
(;CWI LNFCJIICIMF"L
,S,) ,7.4411
October 10- 1996
Mr. Kenneth Palmer
Virginia Beach Development Authority
Virginia Beach, Virgin!,, to$ $1,250,000 Multi FAMHY
Re: Extension Of maturity for Lisa Square Associ&
Rental Housing RevenuO aorid - 469 Lis& Square
Dear Mr. Palmer: sistent with the public purpose
The proposed modification of the existing bonds Is con on that 20o/o of the units Must
of th .a I itial bond issuance, which Included the provisi
n a meeting certain Income guidelines.
be rented to person ement and therefore, continues
maturity also extends that requir
This extension of the bonds.
to Serve the public Purpose of the
Sin
Ar Friedman
Director
AMF:18P
c: Gary Fentress
- 15 -
Item V-J.Za.
RESOLUTION ITEM # 41405
ADD-ON
Upon motion by Vice Mayor Sessom, seconded by Councibnan Harrison, City Council AGREED TO
ADD TO THE AGENDA:
Resolution to endorse Mayor Meyera E. Obemdorf as a candidate for
@den of Second Vice President of the National League of Cities.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis F, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sesso?w, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Navember IZ 1996
- 16 -
Item V-J. 2 b,
)TESOLUTION ITEM # 41406
Upon motion by Vice Mayor Sessom, seconded by Councibnan Harrison, City Council ADOPTED:
Resolution to endorse Mayor Meyera E. Oberndorf as a candidate for
Posidon of Second Vice President of the Nadonal League of Cities.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl4 III, William W Harrison, jr., Ila,ld
Heischober, Barbara m Henley, Louis P, Jones, Reba S McClanan,
Nancy K Parker, Vice Mayor Willwm D. Sessoms, Jr and Louisa M
Strayhom
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf
Council Members Absent.-
None
November 12, 1996
WHEREM: Marm Merern E. km the Clir of Vimjbda Beackfaithfulirfor the past
Mdy "m as member then Chair of the Pubfk UbnuT @ m a of the Gir
Coundk then Vk-e Marer and now Is serving her third term as Maror of @nia
Bmk-
WHERRAS: Aferor Oberndorf b nedweir lawwred in the National League of Ci"es, as a past
of the BmM of oW a @ cf the Cm" mtd
as Chairman of the Steering Commigget on Encrgr, EnWromment and Natural
@mes,
WHEREAS: Marm Wm kw been @ In the U.& of hiarm br wrwng as a
member of the AdvWrr Bmr4 Chair of the Women Maroes Group, Chair of the
S@ glee an MW tf and
ComnumkoimuComndHee,
WHEREAS: Marw has the @in Afunki"f League as Prgaidenk PreWdent-
Elect, First Vice Pmidcnt, Second Vice President, as a member of the Executive
Comadl@ Chairman of the U@ Secfiot4 Chairman of the I"@re C4onunitice
and ChWnnmt of Ow @ QmMtr Mq Cmndller,
WHEREAS: Maror of is a leader In Kn@ Hamplan Ron& organiwifons, Including
ff@on @ lf@on Roado Ma"m and Chaim the liamplon
PIMWng DWrid C oW the Said public Authorlir,
WHEREAS: The ViriMin Beach Citr Coundl bdk-m Mariw Oberndorf will make a slani I
!ftcan
Om to @ Na"W @ of Cities br @ m vice 1;
NOW, THEREFOR4 BE if RMLVEO BY ME COUNCIL OF ME Cfff OF "RGIMA BRACH nMY-
"w clir ComMi don hembren&m the of Marm for the POWlion of second Wre
PmWdmt of the National @ne of Cities and that a can of &b @@ be sent lo the of the
Na@ League of Cities Noodmtlng Conutdifim
Giwn @ our hands mid seats this hvdfth Darof N Mneinn Hu@ and Mneir-Six
Dauin UK"" a B@ HI
M. li@
@S.M La*a M. Stmp*om
- 17 -
Ite,m V-K
CONSEAIT AGENDA
ORDINANCES ITEM # 41407
UPON MOtiOn by Vice MaYOr SessOms, seconded bY COuncil Lady Strayhorn, City Council APPROVED
BY CONSENT in ONE MOTION Items 1, 2 3, 4, 5, 6 and 7 of Ordinances.
Voting: 11-0
COUnCil MemberS Voting Aye:
John A. Baum, Linwood 0. Branch, III, ;Klliam W
. Harrison, Jr., Harold
He'schober, Barbara M Henley, LOuis R Jones, Reba S McCianan,
M4YOr MeYera E. Oberndorf Nancy K Parker, Vice Mayor William D
Sessoms, Jr and Louisa M Strayhon
Council Members Voting Nay:
None
Council Meinbers Absent.-
None
November 12, 1996
Item V-KI.
CONSEA7 AGENDA
ORDINANCES ITEM 41408
Upon motion by Trice Mayor Sessoms, seconded by Council Lady Sfrayhorn, City Council ADOPTED:
Ordinance to DECLARE a 20'strip of City -owned property adjacent to
4766 Open Greens Drive as EXCESS PROPERTY of the City of Virginia
Beac*% in the petition of 77MODORE A. and FRANJUE D. CLAY, and,
to authorize the City Manager to dispose of same (KEMPSVTLLE
BOROUGH).
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, william W Harrison, jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba S. McClanan,
MaYOr MeYera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
November IZ 1996
AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING THE
CITY MANAGER TO DISPOSE OF SAME
WHEREAS, the City of Virginia Beach acquired ownership
of the following described property by Deed of Dedication
recorded in Deed Book 2468, Page 1790; and
WHEREAS, the City Council is of the opinion that the
following described property is in excess of the needs of the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE i
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 subject to the condition contained in
Paragraph number 2. The property is more particularly
described as follows:
ALL THAT certain piece or parcel of land,
with the improvements thereon and the
appurtenances thereunto belonging, situate,
lying and being in the City of Virginia
Beach, Virginia, known, numbered and
designated as "AREA TO BE ACQUIRED (2474
SQ.FT./O.057 ACRE)", as shown on that
certain plat entitled "PLAT SHOWING A
PORTION OF PARCEL 2 AS SHOWN ON PLAT
,CARNES,BOURDON
& AHERN. P C,
NEYS AT "W PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
ENTITLED 'PLAT SHOWING KEMPSVILLE MEADOWS
GOLF COURSE FOR KEMPSVILLE PROPERTIES' (D.B.
2454, P. 1625-1628) TO BE ACQUIRED BY TED
CLAY FROM THE CITY OF VIRGINIA BEACH,
VIRGINIA", dated October 20, 1993, marked
--Exhibit A'O, attached hereto and made a part
hereof.
IT BEING a portion of the property conveyed
to the City of Virginia Beach by Deed of
Dedication dated December 20, 1985 recorded
in the Clerk's office of the Circuit Court
of the City of Virginia Beach in Deed Book
2468, at Page 1790.
2. The property shall be shown on an approved
Resubdivision Plat and shall be combined with the adjoining
property of the Petitioners to form one parcel of land. Said
plat shall be properly executed by all parties and recorded
simultaneously with the conveyance document.
3. This Ordinance shall be effective upon compliance
with all the conditions referenced above.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 2@ day of _ November 1 1996.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
SYKES, CARNES, BOURDON Law
& AHERN. P. C@
ATTORNEYS AT LAW
6034i
2
PETITION TO DECLARE CERTAIN PROPERTY EXCESS
AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS
PROPERTY OWNER
P E T I T I 0 N
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioners, THEODORE A. CLAY and FRANKIE B.
CLAY, husband and wife, by counsel, respectfully represent as
follows:
1. That Petitioners apply to the Mayor and the
Council of the City of Virginia Beach, Virginia, for an
ordinance declaring the hereinafter described property to be in
excess of the needs of the City of Virginia Beach and to
authorize the City Manager to convey the property to the
Petitioners upon payment of fair market value as determined by
qualified appraisal and in accordance with City policy.
2. That your Petitioners own the property contiguous
to the hereinafter described property and the subject property
has no utility unless joined to the contiguous property of
Petitioners.
3. The property your Petitioners are asking to be
declared in excess of the needs of the City of Virginia Beach
so that they may purchase same is hereby described as follows:
PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
SYKES, CARNES. BOURDON
& AHEFTN. P C
ATTORNEYS AT @W
ALL THAT certain Piece or parcel of land,
with the improvements thereon and the
appurtenances thereunto belonging, situate,
lying and being in the City of Virginia
Beach, Virginia, known, numbered and
designated as "AREA TO BE ACQUIRED (2474
SQ.FT./O.057 ACRE)", as shown on that
certain plat entitled "PLAT SHOWING A
PORTION OF PARCEL 2 AS SHOWN ON PLAT
ENTITLED 'PLAT SHOWING KEMPSVILLE MEADOWS
GOLF COURSE FOR KEMPSVILLE PROPERTIES' (D.B.
2454, P. 1625-1628) TO BE ACQUIRED BY TED
CLAY FROM THE CITY OF VIRGINIA BEACH,
VIRGINIA", dated October 20, 1993, marked
"Exhibit A", attached hereto and made a part
hereof.
IT BEING a portion of the property conveyed
to the City of Virginia Beach by Deed of
Dedication dated December 20, 1985 recorded
in the Clerk's Office of the Circuit Court
of the City of Virginia Beach in Deed Book
2468, at Page 1790.
4. That no inconvenience will result to any person
or property owner by reason of the sale of the hereinabove
described property.
WHEREFORE, your Petitioners pray that the Mayor and
City Council of the City of Virginia Beach, Virginia, declare
the hereinabove described property to be in excess of the needs
of the City of Virginia Beach and to authorize the City Manager
to convey same to your Petitioners upon payment to the City of
SYKES, CARNES, BOURDON
& AHERN, P. C,
ATTORNEYS AT LAW
2
Virginia Beach, for the fair market value of said property as
determined by qualified appraisal.
Respectfully submitted,
THEODORE A. CLAY AND FRANKIE B.
CLAY
By:
of Counsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
(757)499-8971
6033i
YKES, CARNES, BOURDON
& AHERN, P C.
A-rrORNEYS AT LAW
3
QUITCLAIM DEED
THIS DEED, made this _- day of 1996,
by and between the CI F VIRGINIA BEA H, a municipal
corporation of the State of Virginia, GRANTOR, party of the
first part, and THEODORE A. CLAY and FRANKIE B. CLAY, husband
and wife, GRANTEES, party of the second part, whose address is
4766 Open Greens Drive, Virginia Beach, Virginia 23462.
w I T N E a 5 E T H
That for and in consideration of the sum of Three
Thousand Seven Hundred and 00/100 Dollars ($3,700.00), the
party of the first part does hereby QUITCLAIM, release, and
convey unto the party of the second part any and all right,
title, and interest it may possess in and to the following
described property:
ALL THAT certain piece or parcel of land,
with the improvements thereon and the
appurtenances thereunto belonging, situate,
lying and being in the City of Virginia
Beach, Virginia, known, numbered and
designated as "AREA TO BE ACQUIRED (2474
SQ.FT./O.057 ACRE)", as shown on that
certain plat entitled "PLAT SHOWING A
PORTION OF PARCEL 2 AS SHOWN ON PLAT
ENTITLED 'PLAT SHOWING KEMPSVILLE MEADOWS
GOLF COURSE FOR KEMPSVILLE PROPERTIES' (D.B.
2454, P. 1625-1628) TO BE ACQUIRED BY TED
CLAY FROM THE CITY OF VIRGINIA BEACH,
VIRGINIA", dated October 20, 1993, marked
"Exhibit A", attached hereto and made a part
YKES. CARNES. BOURDON hereof.
A AMEFIN. P C.
AT-RORNEYS AT LAW
PREPARED BY SYKES, CARNES, BOURDON & AHERN, P.C.
IT BEING a portion of the property conveyed
to the City of Virginia Beach by Deed of
Dedication dated December 20, 1985 recorded
in the Clerk's Office of the Circuit Court
of the City of Virginia Beach in Deed Book
2468, at Page 1790.
IN WITNESS WHEREOF, the City of Virginia Beach has
caused these presents to be executed in its name and behalf by
James K. Spore, City Manager, and its corporate seal to be
hereto affixed and duly attested by
Deputy City Clerk, pursuant to Ordinance adopted.
CITY OF VIRGINIA BEACH
By: -
James K. Spore, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM AND CORRECTNESS:
Deputy City Attorney
KES, CARNES, BOURDON
& AHERN, P C,
ATTORNEYS AT LAW
2
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public in
and for the City of Virginia Beach in the State of Virginia do
hereby certify that James K. Spore, City Manager and
. Deputy City Clerk, of the City of
Virginia Beach, whose names as such are signed to the foregoing
Deed bearing date on the - day of 1 1996,
have acknowledged the same before me in my City and State
aforesaid.
Given under my hand this - day of
19 9 6 .
Notary Public
My Commission Expires:
6035i
CARNES, ROURDON
& AHERN. P C.
ATTORNEYS AT LAW
3
MERIDIAN SOURCE BASED ON PLAT RE(@")Rl',F ) IN
DFED BOOK 2459, PAGES 726-729.
2@ THIS PLAT DOES NOT CONSTITUTE A @;IJBDIIASION
OF LAND.
REMAINING PORTION OF
PARCEL 2
PLAT SHOWNG
KEMPS\ALLE MEADOWS GOLF COURSE
FOR KEMPS\ALLE PROPERTIES, LTD.
(D.B. 2454. P.1625-1628)
N 87'@ 20' DRAINAGE EASEMENT
B. 2454, P.1625-1628)
LOT 4- A
BLOCK M LOT 1
< BLOCK N
RESUBDIVISION OF tri :3 r,
LOTS 1,2,3 AND 4. BLOCK K. C4 ain c,4
I 00 SUBDI)ASION OF
LOTS 1.2.3 AND 4. BLOCK L < uj KEMPS\ALLE GREENS
AND LOTS 1.2.3 AND 4, BLOCK M SECTION TWO
C4 'c4 (D.B. 2459, P.726-729)
KEMPS\ALLE GREENS !,) ci
SECTION TWO C4
(D.B. 2745. P.1291) lp in PROPERRY OF THEODORE A. & I
m < CD TE B. CLAY
0 w -t 0
re r,
z <,t V)
C4
20' DRAINAGE EASEMENT
(D.B. 2454. P.1625-1628)
20.00' 813. 10'
S 80'07'28" W
OPEN GREENS DRI\/E (50@)
(D.B. 2459, P.726-729)
PLAT SHOVANG A PORTION OF
PARCEL 2
AS SHOV44 ON PLAT ENNTLED
"PLAT SHOVANG KEMPSVILLE MEADOWS GOLF COURSE
FOR KEMPS\AUZ PROPERNES' (D.B. 2454. P.1625-1628)
TO BE ACQUIRED BY
TED CLAY
FROM THE CITY OF MRGINIA BEACH, \ARGINIA
KEMPS\ALLE BOROUGH \ARGINIA BEACH. \ARGINIA
SCALE-. 1 *-30' OCTOBER 20. 1993
JOHN E. SIRINE AND ASSOCIATES, LTD.
SURVEYORS o ENGINEERS o PLANNERS
\ARGINIA BEACH. \ARGINIA
0 30 60 90 120 FEET
I
SITE
LOCATION MAP SHOWING EXCESS CITY OWNED
PROPERTY (0.057 ACRES ) 201 STRIP ADJACENT
TO 4766 OPEN GREENS DR.
SCALE: 1" 200'
- 19 -
Ite?n V-K2
CONSEAIT AGENDA
ORDINANCES ITEM # 41409
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Swayhom, City Council ADOPTED.-
Ordinance to authorize a $45,000 interest-free loan to the Plaza
Volunteer Rescue Squad re purchase of a replacement ambulance.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
November 12, 1996
I AN ORDINANCE AUTHORIZING AN INTEREST-FREE LOAN
2 IN THE AMOUNT OF $45,000 TO THE PLAZA
3 VOLUNTEER RESCUE SQUAD FOR THE PURCHASE OF A
4 REPLACEMENT AMBULANCE
5 WHEREAS, the Plaza Volunteer Rescue Squad has determined
6 that their current ambulance has a high maintenance liability, and
7 often experiences service failures;
8 WHEREAS, the Plaza Volunteer Rescue Squad does not
9 presently have adequate funds to purchase the replacement squad
10 truck, but believes that fund-raising efforts will provide
11 sufficient funds to repay an interest-free loan from the City of
12 Virginia Beach Loans to Rescue Squads program in the amount of
13 $45,000; and
14 WHEREAS, the Plaza Volunteer Rescue Squad has previously
15 received interest-free loans from the City, has repaid such loans
16 on time or ahead of schedule, and foresees no deviation from their
17 past performance in the repayment of this loan.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 That City Council hereby authorizes an interest-free loan
21 in the amount of $45,000 to the Plaza Volunteer Rescue Squad for
22 the purpose of purchasing a replacement ambulance with the loan to
23 be repaid in three (3) equal annual installments of $15,000 due on
24 the 15th day of December each year, beginning December 15, 1997,
25 and ending on December 15, 1999.
26 Adopted by the Council of the City of Virginia Beach,
27 Virginia, on the 12th day of November 1996.
28 CA-6473
29 ORDIN\NONCODE\PLAZA. ORD
30 R-1
31 PREPARED: 11/06/97
APPROVED AS TO CONTENT
D @,nt of Mamsement i@
APPROVED AS TO LEGAL
SUFFICIIENCY
@w
Cit@ C>f IB@ek@ta
DEPARTMENT OF EMERGENCY MEDICAL SERVICES 1917 ARCTIC AVENUE
OFFICE OF THE DIRECTOR VIRGINIA BEACH VIRGINIA 23451
(757) 437-4850
FAX (757) 425 7@
DATE: October 4, 1996
TO: Mr. James K. Spore, City Manager DEVF: Executive
VIA: Mr. Dean Block, Director DEPT: DMB
FROM: Bruce W. Edwards,)5irector DEPT: EMS
SUBJ: No Interest Loan to Plaza Volunteer Rescue Squad
Attached please find a letter from Ms. Debbie Brennainan, President of the Plaza
Volunteer Rescue Squad, requesting a no interest loan to assist them in rechassising an
ambulance.
The Department of EMS agrees with this request and recommends that the City grant the
squad a no interest loan from the Loans To Rescue Squads program. Their request is for
$45,000.00 to be repaid over a three year period in equal annual payments of $15,000.00. This
loan, in conjunction with State matching funds of $20,000 (already approved), would be used
to rechassis Unit 1622. The matching ftmds must be used by December 31, 1996.
Attached please find an agenda request reflecting a summary of this request.
If you have any questions please let me know.
BWE/rs
PC: Mr. William S. Kiley, Deputy Director
Mr. Paul Harris, Budget Analyst
Ms. Debbie Brennaman
96100401.BWE
PLAZA VOLUNTEER RESCUE SQUAD
P.O. Box 2128
Virginia Beach, VA 23450
TO: Bill Kil@
irector
Medical Services
FROM: Debbie Brennaman
President
Plaza Volunteer Rescue Squad
SUBJECT: Loan For Ambulance Rechassis
DATE: September 10, 1996
Per our conversation September 6, 1996, the Plaza Volunteer
Rescue Squad would like the Department of Emergency Medical
Services to ask City Council for a no-interest loan for $45,000.
The loan repayment would be $15,000 annually for three years.
This loan in conjunction with state matching funds would be used
to rechassis an ambulance. The matching funds must be used by
December 31, 1996.
If you have any questions about this request or need additional
information, please contact me.
cc: @ruce Edwards
Board of Directors
file
- 20 -
Item V-K3.
CONSENT AGENDA
ORDINANCES ITEM # 41410
UPon motion by Vice Mayor Sessona, seconded by council Lady Sfrayhom, City Council ADOPTED:
OrtUnance to APPItOPRL4TE $97,568 fi-orn the HOME and the
COmmunitY Development Block Grant (CDBG) Programs to the Fy
1996-1997 Department of Housing and Neighborhood Preservation
opera"ng Budget re additional rehabilitation grants for to,, d
moderate income clientele; an4 estimated revenue from the HOME and
CDBG Programs be increased accordingly.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Bau?n, Linwood o. Branc,% III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
MaYOr MeYera E. Oberndorf Nancy K Parker, face Mayor William D
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
November 12, 1996
1 AN ORDINANCE TO APPROPRIATE AN ADDITIONAL
2 $97,568 FROM THE HOME AND THE COMMUNITY
3 DEVELOPMENT BLOCK GRANT PROGRAMS TO THE FY
4 1996-97 DEPARTMENT OF HOUSING AND NEIGHBORHOOD
5 PRESERVATION OPERATING BUDGET
6 WHEREAS, each year, the Approved Operating Budget for the
7 Department of Housing and Neighborhood Preservation estimates
8 program income that will be generated from loans that are issued to
9 low and moderate income clients for purposes of the rehabilitation
10 or repair of their homes;
11 WHEREAS, these loans, which are issued from the Community
12 Development Block Grant (CDBG) Program and the HOME Program, are
13 budgeted for rehabilitation projects;
14 WHEREAS, HOME Program income has exceeded estimated
15 revenue and associated appropriations by $55,901, and CDBG Program
16 income has exceeded estimated revenue and associated appropriations
17 by $41,667, for a total of $97,568 in additional revenue; and
18 WHEREAS, the Department requests that the additional
19 $97,568 in revenue from these Programs be appropriated to
20 Departments FY 1996-97 Operating Budget to finance additional
21 rehabilitation grants for low and moderate income clientele through
22 these Programs.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
24 OF VIRGINIA BEACH, VIRGINIA:
25 That funds in the amount of $97,568 are hereby
26 appropriated to the FY 1996-97 Department of Housing and
27 Neighborhood Preservation operating Budget to provide funding for
28 additional rehabilitation grants for low and moderate income
29 clientele; and
30 BE IT FURTHER ORDAINED:
31 That estimated revenue from the HOME and CDBG Programs is
32 hereby increased by $97,568.
3 3 Adopted by the Council of the City of Virginia Beach,
34 Virginia, on the 12 day of Noveniber -1 1996.
35 This ordinance shall be effective from the date of its adoption.
36 CA-6472
37 ORDIN\NONCODE\HOME.ORD
38 R-1
39 PREPARED: 11/06/96
APFROVED AS TO CONTENT
of Mana@t
APIPROVED AS TO LEGAL
SUMCEWY
-bepartment of Law
2
- 21 -
Item V-K4.
CONSEAT AGENDA
O"IIVANCES ITEM # 41411
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Sfrayhorn, City Council ADOPTED:
Ordinance to ACCFPT and APPROPRL4TE $22,394 Federal Grant
Funding to the FY 1996-1997 Mental Health-Mental Retardation-
Substance Abuse (MHMR&4) Operating Budget re early intervention
serykes to @capped children and their f@es and DCJS Conblock
grant for Women's Treatment Services at the Jail; SFER $1,170
fi,om the Inmate Telephone Special Revenue Fund to the FY 1996-1997
MHMR&4 Operating Budget to prowde the increase in required match
fundung, and, estimated revenuefrom Federal grantfunding be increased
accordingly.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McCianan,
MaYor MeYera E Oberndorf Nancy K Parker, ;rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
November 12, 1996
I AN ORDINANCE TO ACCEPT AND APPROPRIATE AN ADDITIONAL $22,394 IN
2 FEDERAL GRANT FUNDING AND TO TRANSFER $1,170 IN FUNDING FROM THE
3 INMATE TELEPHONE SPECIAL REVENUE FUND TO THE FY 1996-97 MENTAL
4 HEALTH-MENTAL RETARDATION-SUBSTANCE ABUSE (MHMRSA) OPERATING
5 BUDGET
6 WHEREAS, the Community Services Board and the Department of Mental
7 Health, Mental Retardation, and Substance Abuse (MHMRSA) are responsible for the
8 coordination and implementation of mental health, mental retardation, and substance
9 abuse services;
10 WHEREAS, the Department has received an additional $20,683 in Federal Part
I 1 H grant funding for early intervention services to handicapped children and their
12 families,
13 WHEREAS, the Department has also been awarded an additional $1,711 in
14 Federal grant funding for the DCJS Celiblock grant for Women's Treatment Services at
15 the Jail;
16 WHEREAS, the Virginia Beach Sheriffs department has agreed to fund the
17 $1,170 increase in the required match funding for the Cellblock grant; and
18 WHEREAS, the fund balance of the Inmate Telephone Special Revenue Fund is
19 sufficient to fund the required $1,170 increase in match funding,
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA,
22 1 That $22,394 in Federal grant funding is hereby accepted and appropriated to
23 the FY 1996-97 MHMRSA Operating Budget,
24 2. That $1,170 in additional funding from the fund balance Inmate Telephone
25 Special Revenue Fund is hereby appropriated to the FY 1996-97 Inmate
26 Telephone Special Revenue Fund and transferred to the FY 1996-97 MHMRSA
27 Operating Budget to provide the increase in required match funding; and
28 3. That estimated revenue from Federal grant funding be increased by $22,394.
29 Adopted by the City Council of the City of Virginia Beach, Virginia, on the
30 Twelf th November
day of 1996.'@
This ordinance shall be effective from the date of its adoption
APPROVED AS TO CONTE,\Tl'
Walter C. Krae
f , ,
- 22 -
Itein V-K5.
CONSEA7 AGENDA
ORDINANCES ITEM # 41412
Upon mohon by Vice Mayor Sessoms, seconded by Counczl Lady Strayhorn, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRUTE $7,945 in Grants from the
Rescue Squad Assbance Fund (RSAF) to the Fmergency Medical
Services (EMS) FY 1996-1997 Operating Budget re purchase of
equipment and supplies; an4 estimated state revenues be increased
accordingly.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Ba@ Linwood 0. Branc/4 III, William W Harrison, Jr., Harold
Heisch0ber, Barbara M. Henley, Louis P- Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessolm, Jr. and Louisa M. Strayhorn
Council Members voting Nay:
None
Council Meinbers Absent
None
November 12, 1996
AN ORDINANCE TO ACCEPT AND APPROPRIATE $7,945 IN GRANTS FROM
THE RESCUE SQUAD ASSISTANCE FUND (RSAF) TO THE EMERGENCY MEDICAL SERVICES
DEPARTMENT'S FY 1996-97 OPERATING BUDGET TO PURCHASE EQUIPMENT AND SUPPLIES.
1 WHEREAS, the Two-for-Life Program collects two additional dollars an each state automobile
2 license purchased annually and distributes them to localities via direct contribution and grants;
3 WHEREAS, the Virginia Department of Emergency Medical Services (EMS) received two RSAF
4 grants,
5 WHEREAS, the first grant is for $5,445 and will be used to purchase additional VHF radios,
6 required for the State Emergency Medical Disaster Plan, for EMS response vehicles. This grant requires a match
7 with funds already allocated in the Department's budget;
8 WHEREAS, the second grant is for $2,500 and will be used to create promotional pamphlets to
9 recruit volunteers to the department; and
10 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA: That additional grants in the amount of $7,945 are hereby accepted from the RSAF and
12 appropriated in the EMS Department's FY 1996-97 Operating Budget for equipment and promotional literature .
13 BE IT FURTHER ORDAINED: That estimated state revenues in the EMS Department's FY 1996-
14 97 Operating Budget are hereby increased by $7,945.
15 Adopted by the Council of the City of Virginia Beach, Virginia on the I 2thday of November , 1996.
LEGAI.
p d as to Co t
it Jr@
Manag Co$
- 23 -
Item V-K.6.
CONSEAT AGEND,4
ORDINANCES ITEM # 41413
Upon motion by ;rice Mayor Sessona, seconded by Council Lady Strayhom, City Council ADOPTED.
Oriffnance to audwize a temporary encroachment into a portion of the
right-of-way of 70th Street to Jerry L. and Pairicia nmm re
construction and maintenance of a mv (2)-foot wooden fence and
installation of Category I landscaping between the fence and pavement
(LYNNIL4VEN BOROUGH), subject to:
77te following conditions shall be required.-
77ie owner agrees to remove the encroachment when notified by
the City of Virignia Beach, at no expense to the City.
2. 7he owner agrees to keep and hold the City free and harmless
of any liability as a result of the encroachment.
3. 7he owner agrees that permission is granted only for the fence
and landscaping which is Npecified in the agreement.
4. 77ie owner agrees to maintain the fence and landscaping so it
is not unsightly or a hazard
5. 77te owner agrees to submit and have an approved traffic
control plan.
6. 7he owner agrees to carry general liability insurance in an
amount not less than $500,000 and have the city named as an
additional insured.
7 7he owner agrees to conform to the minimum setback
requirements.
8. 7he fence shall not exceed four feet above the natural grade at
the curb and Category I landscaping shall be installed between
the fence and pavement.
9. 7he owner agrees that upon revocation ofpermission, the City
may remove the encroachment at the owner's expense; and the
City may require the owner to remove the encroachment and
@se charges for use of the right of way at $100 per day
pending removal in the event &he encroachment is not removed
within the time allowed.
November IZ 1996
- 24 -
Item V-K.6.
CONSEA7 AGENDA
ORDINANCES ITEM # 41413 (Continued)
Voting: 11-0 (By Consent)
Council Meinbers Vohng Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis P, Jones, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, rice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent
None
November 12, 1996
I AN ORDINANCE TO AUTHORIZE
2 A TEMPORARY ENCROACHMENT
3 INTO A PORTION OF THE
4 RIGHT-OF-WAY OF 70TH
5 STREET TO JERRY L. AND
6 PATRICIA TIMM, THEIR
7 HEIRS, ASSIGNS AND
8 SUCCESSORS IN TITLE
9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That pursuant to the authority and to the extent thereof
12 contained in Section 15.1-893, Code of Virginia, 1950, as amended,
13 Jerry L. and Patricia Timm, their heirs, assigns and successors in
14 title are authorized to construct and maintain a temporary
15 encroachment into the right-of-way of 70th Street .
16 That the temporary encroachment herein authorized is for
17 the purpose of constructing and maintaining a fence and that said
18 encroachment shall be constructed and maintained in accordance with
19 the city of Virginia Beach Public Works Department's specifications
20 as to size, alignment and location, and further that such temporary
21 encroachment is more particularly described as follows:
22 An area of encroachment into a
23 portion of the City's right-of-way
24 known as 70th Street on the
25 certain plat entitled: Physical
26 Survey of Lot 19, Block 10, Cape
27 Henry, Section - E Virginia Beach,
28 Virginia For Jerry L. Timm," a copy
29 of which is on file in the
30 Department of Public Works and to
31 which reference is made for a more
32 particular description.
33 PROVIDED, HOWEVER, that the temporary encroachment herein
34 authorized shall terminate upon notice by the City of Virginia
35 Beach to Jerry L. and Patricia Timm, their heirs, assigns and
36 successors in title and that within thirty (30) days after such
37 notice is given, said encroachment shall be removed from the City's
38 right-of-way of 70th Street and that Jerry L. and Patricia Timm,
39 their heirs, assigns and successors in title shall bear all costs
40 and expenses of such removal.
41 AND, PROVIDED PURT4ER, that it is expressly understood
42 and agreed that Jerry L. and Patricia Timm, their heirs, assigns
43 and successors in title shall indemnify and hold harmless the City
44 of Virginia Beach, its agents and employees from and against all
45 claims, damages, losses and expenses including reasonable
46 attorney's fees in case it shall be necessary to file or defend an
47 action arising out of the location or existence of such
48 encroachment.
49 AND PROVIDED FURTHER, that it is expressly understood and
50 agreed by the party of the second part that nothing contained in
51 the said agreement shall be construed to enlarge such permission
52 and authority to permit the maintenance or construction of any
53 encroachment other than that which is specified therein, nor to
54 permit the maintenance and construction of any encroachment by
55 anyone other than the party of the second part.
56 AND, PROVIDED FURTHER, that the party of the second part
57 agrees to maintain said encroachment so as not to become unsightly
58 or a hazard.
59 AND, PROVIDED FURTHER, that the party of the second part
60 submits and has an approved traffic control plan before commencing
61 work in the city's right of way.
62 AND, PROVIDED FURTHER, that prior to issuance of a
63 building permit, the party of the second part must show proof of
64 public liability insurance of a minimum of five hundred thousand
65 dollars ($500,000).
66 AND, PROVIDED FURTHER, that any above ground
67 encroachments shall conform to the minimum setback requirements as
68 established by the City Traffic Engineer's Office and Department of
69 Planning, Zoning Administration Division.
70 AND, PROVIDED FURTHER, that the encroaching fence not
71 exceed four (4) feet above the natural grade at the curb, and
72 category I landscaping shall be installed between the fence and the
73 paved area of the street.
74 AND, PROVIDED FURTHER, that it is agreed and understood
75 by the party of the second part that the city, upon revocation of
2
76 such authority and permission so granted, may remove any such
77 encroachment and charge the cost thereof to the party of the second
78 part, and collect the cost in any manner provided by law for the
79 collection of local or state taxes; may require the party of the
80 second part to remove such temporary encroachment; and pending such
81 removal, the city may charge the party of the second part
82 compensation for the use of such portion of the city$s right of way
83 encroached upon the equivalent of what would be the real property
84 tax upon the land so occupied if it were owned by the party of the
85 second part; and if such removal shall not be made within the time
86 ordered hereinabove by said agreement, the City shall impose a
87 penalty in the sun of One Hundred Dollars ($100) per day for each
88 and every day that such encroachment is allowed to continue
89 thereafter, and shall collect such compensation and penalties in
90 any manner provided by law for the collection of local or state
91 taxes.
92 AND, PROVIDED FURTHER, that this ordinance shall not be
93 in affect until such time that Jerry L. and Patricia Timm execute
94 an agreement with the city of Virginia Beach encompassing the
95 aforementioned provisions.
96 Adopted by the Council of the City of Virginia Beach,
12 November 96
97 Virginia, on the day of 19 -
98 10/l/96
99 psd
3
THIS AGREEMENT, made this day of
19 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a
municipal corporation, Grantor, party of the first part, and
JERRY L. TIMM and PATRICIA TIMM, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, Grantee, parties of the second part.
W I T N E S a E T H:
That, WHEREAS, it is proposed by the party of the
second part to construct and maintain a fence in the City of
Virginia Beach; and
WHEREAS, in constructing and maintaining such fence, it
is necessary that the said party of the second part encroach into
a portion of an existing City right-of-way known as 70th Street;
and said party of the second part has requested that the party of
the first part grant a temporary encroachment to facilitate such
fence within a portion of the City's right-of-way known as 70th
Street.
NOW, THEREFORE, for and in consideration of the
premises and of the benefits accruing or to accrue to the party
of the second part and for the further consideration of one
Dollar ($1.00), in hand paid, to the said party of the first
part, receipt of which is hereby acknowledged, the party of the
first part doth grant to the party of the second part a temporary
encroachment to use a portion of the City's right-of-way known as
70th Street for the purpose of constructing and maintaining such
fence.
It is expressly understood and agreed that such
temporary encroachment will be constructed and maintained in
accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City of
Virginia Beach Public Works Department's specifications and
approval as to size, alignment and location and is more
particularly described as follows, to wit:
An area of encroachment into a portion of
the City's right-of-way known as 70th Street
as shown on that certain plat entitled:
"PHYSICAL SURVEY OF LOT 19, BLOCK 10, CAPE
HENRY, SECTION - E VIRGINIA BEACH, VIRGINIA
FOR JERRY L. TIMM," a copy of which is
attached hereto as Exhibit "All and to which
reference is made for a more particular
description.
It is further expressly understood and agreed that the
temporary encroachment herein authorized shall terminate upon
notice by the City of Virginia Beach to the party of the second
part, and that within thirty (30) days after such notice is
given, such temporary encroachment shall be removed from the
City's right-of-way known as 70th Street by the party of the
second part; and that the party of the second part shall bear all
costs and expenses of such removal
It is further expressly understood and agreed that the
party of the second part shall indemnify and hold harmless the
City of Virginia Beach, its agents and employees, from and
against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file
or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that
nothing herein contained shall be construed to enlarge such
2
permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein
and to the limited extent specified herein, nor to permit the
maintenance and construction of any encroachment by anyone other
than the party of the second part.
It is further expressly understood and agreed that the
party of the second part agrees to maintain said encroachment so
as not to become unsightly or a hazard.
It is further expressly understood and agreed that the
party of the second part must submit and have approved a traffic
control plan before commencing work in the City's right-of-way.
It is further expressly understood and agreed that
prior to issuance of a building permit, the party of the second
part must show proof of public liability insurance of a minimum
of Five Hundred Thousand Dollars ($500,000.00).
It is further expressly understood and agreed that any
above ground encroachments shall conform to the minimum setbacks
requirements, as established by the City Traffic Engineer's
Office and Department of Planning, Zoning Administration
Division.
It is further expressly understood and agreed that the
encroaching fence not exceed four (4) feet above the natural
grade at the curb, and category I landscaping shall be installed
between the fence and the paved area of the street.
It is further expressly understood and agreed that the
party of the first part, upon revocation of such authority and
3
permission so granted, may remove any such encroachment and
charge the cost thereof to the party of the second part, and
collect the cost in any manner provided by law for the collection
of local or state taxes; may require the party of the second part
to remove such temporary encroachment; and pending such removal,
the party of the first part may charge the party of the second
part compensation for the use of such portion of the City's
right-of-way encroached upon the equivalent of what would be the
real property tax upon the land so occupied if it were owned by
the party of the second part; and if such removal shall not be
made within the time ordered hereinabove by this Agreement, the
City shall impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such encroachment
is allowed to continue thereafter, and shall collect such
compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, Jerry L. Timm and Patricia
Timm, the said parties of the second part have caused this
agreement to be executed by their signatures and seals duly
affixed. Further, that the city of Virginia Beach has caused
this agreement to be executed in its name and on its behalf by
its City Manager and its seal be hereunto affixed and attested by
its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
4
(SEAL)
ATTEST:
City Clerk
Jerry L. Timm
Pitricia Timm
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, -Y
a Notary
Public in and for the City and State aforesaid, do hereby certify
that , CITY MANAGER/AUTHORIZED DESIGNEE OF
THE CITY MANAGER, whose name is signed to the foregoing Agreement
bearing date on the - day of --@ 1 19_, has
acknowledged the same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
my commission Expires:
"OVED AS To CUII[L-i@1)
DFPAPTiA'lll
5
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, a Notary Public
in and for the City and State aforesaid, do hereby certify that
RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH,
whose name is signed to the foregoing Agreement bearing date on
the - day of 1 19 .--, has acknowledged the
same before me in my City and State aforesaid.
GIVEN under my hand this day of
19-.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
a Notary Public
in and for the City and State aforesaid, do hereby certify that
Jerry L. Timm and Patricia Timm, whose names are signed to the
foregoing writing, bearing date the - )I, day of
,/ @ k A,)(" --",, have acknowledged the same before
me in my City and State aforesaid.
Given under my hand this day of
19-
Notary Piiblic
My Commission Expires:
6
IMS IS TO CER WY 7HA T I ON APRIL 12, 1996 SURWYRD 7HE PROPERTY SHO*N
ON 7HIS PLAT AND THAT 7HE R7LE LINES AND 7HE WALLS OF' 7HE BUILDINGS ARE SHOW ON 7H/S PLAT.
'HE BUILDINGS STAt4D S7RIC7LY WTHIN THE 777LE LINES AND THERE ARE NO ENCROACHMENIS OF
07HER 19UILDINGS ON 7)qE PROPERTY E'XCEPT AS SHOIIIV.
SIGNED.
Aw @p@ -6H@wO A#M
I-IAI
10
(14 LA l@,r,
i5, iozr
(H a
Lw LI"6
L@ IT
e4
(H E5 Ito)
IZ@
f'&et,641j:lll
P. 15 1417'f, fb ?CO
VD 'ECli6,f,4 zi@
6cc
v 15 1-1'lq, f'@ 17Z4
(.i f5 tio "Wtl A)
51 CA LIOW@
lCt5
PHYSICAL SURVEY
OF
10, CAPE [IENRY, SECTION E
VIRGINIA BEACH, VIRGINIA
FOR
JERRY L. TIMM
AS SHOW ON 771E FLOOD INSURANCE RAIR
LEE S. ROOD, P. C kAP, 7HIS PROPLRTY APPEARS TO FALL IN
Land Surveyors "C.',
f t OOD ZONE (S)
5737 BARrEc SrREEr ry No.
NORFOLK, VIRGINIA 23502 515531
J) name mw Ph. (804) 466-1111 PANama 10D DA U. 8/18/9
mama w itu IMSEROODB"ARON
sum- lm=25' VA.L3rA" ra6Fl P962.6-@
I
-@l- -
..
OCATION MAP
- 70TH STREET
SCALE: 1" = 200"
- 25 -
Item V-K.7.
CONSENT AGENDA
ORDINANCES ITEM # 41414
UPon motion bY Vgce MaYor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of $7,384.44 upon
application of certain persons and upon certification of the Commissioner
of the Revenue.
Vodng: 11-0 (By Consent)
Council Members Vodng Aye:
John A. Baum, Linwood 0. Branc,% III, William W Harrison, Jr., Harold
Heisch0ber, Barbara M HenleY, Louis R Jones, Reba S. McCianan,
Mayor Meyera E. Oberndorf, Nancy K Parker, 1-ice Mayor William D,
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
November 12, 1996
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF V12GINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE P EST TOTAL
YEAR PAID
Suni Enterprises, Inc. l@-96 Audit 262 83 262 83
2124 Wake Forest Street
Virginia Beach VA 23451
Transaction Technology Corp
P 0 Box 8695 1995-96 Audit 1 038 56 1 038 56
Greenville, SC 2@
Virginia Landscape Maintenance, Inc
1272 Great NeckRoad #384 1995 Audit 337 11 337 11
Virginia Beach, VA 23454
Certified as to Payment:
art P Vaug an
Commissioner of the Revenue
Approved as to form:
@i@. LillCy 2
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,638.50 were approved by the Council
of the City of Virginia Beach on the Twelfth day of November lg 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE C@ OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
R & G C., Inc. 1995-96 Audit 276 36 276 36
783 Old Hickory Blvd. 360
Brentwood TN 37027
Sansone, Joseph A. & John W.
3381 Kings Neck Drive 1995 Audit 186 62 186.62
Virginia Beach, VA 23452
Sims, Deborah L 19M-96 Audit 155 32 155 32
2929 Wood Duck Drive
Virginia Beach VA 23456
Spivey, Charles & Whittman, Daniel
P. 0. Box 588 1995 Audit 10 00 10 00
Cape Charles VA 23310-0588
Certified as to Payment:
@ert P. Vauahan
Commissioner of the Revenue
Approved as to form:
Led,@. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $628.30 were approved by the Council
of the City of Virginia Beach on the Twelf th day of November lg 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Ocean House, Inc
P, 0. Box 1642 1995 Audit 302 02 302 02
Virginia Beach, VA 23451-9642
Pounders, Emma & Henry 19% 09-10-96 30 00 30 00
3876 Sterncroft Drive
Virginia Beach, VA 23456
Smith, Julia C 1995 Audit 41 81 41 81
1057 Belvoir Lane
Virginia Beach, VA 23464
Certified as to Payment:
@obert P. Vaugh@
Commissioner of the Revenue
Approved as to form:
@idL. Lilfey-
City Attorney
This ordinance shall be effective from date of
adoption,
The above abatement(s) totaling $373.83 were approved by the Council
of the City of Virginia Beach on the Twel f th day of November lg 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Chris and Jim Inc. 1996 09-17-96 40 00 40,00
1801 C Atlantic Ave.
Virginia Beach, VA 23451
Codi Associates 1993-96 Audit 472 18 472 18
11 12 Kingswood Avenue
Norfolk, VA 23502
Gym Corporation 1995 Audit 276 00 276 00
621 Fairfield Drive
Chesapeake, VA 23320
lnterscapes, Inc. 1994-95 Aud@t 73 66 173 66
1 01 W Plume Street
Norfolk, VA 23510
Certified as to Payment:
@@o art P. Vaughan
Commissioner of the Revenue
Approved as to form
L
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $961.84 were approved by the Council
of the City of Virginia Beach on the 'Twelfth day Of November '19 96
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Barkley, John 0
T/A S & H Shell 1995-96 Audit 243 55 243 55
1800 Buttonwood Street
Chesapeake, VA 23324
Bimson, Elizabeth P 1993-95 Audit 40 00 40,00
3824 Little Neck Point
Virginia Beach, VA 23452
EMJ Corporation 1996 08-08-96 2,518 18 2,518 18
6148 Lee Highway S-200
Chattanooga, TN 37421
Morris Enterprises, Inc
1224 Cedar Road 1995 Audit 980 24 980,24
Chesapeake, VA 23320
Certified as to Payment:
.a
@obert P. Vaugh
Commissioner of the Revenue
Approved as to form:
@esl6 L. Lilley Z
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $3,70+.@ were approved by the Council
of the City of Virginia Beach on the I'wel f th day of November lg 96
Ruth Hodges Smith
City Clerk
- 26 -
Ite,m V-L.
PUBLJC HEARING ITEM # 4141S
P@N17VG
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. 97LLL4MS HOLDING CORPOR,4TION MODIFIC,4TION OF
CONDITIONS
2. NEW BEGINN17VGS CHURCH OF CHRIST CONDMONAL USE PERMIT
3 L4NGLEY AAD MCDONALD, PC. CONDITIONAL USE PERMIT
(17V BEH" OF MAR[ON MANOR AND THE
C4THOLIC DIOCESE OF RICHMOND)
4. CEATEX HOMES CHANGE OF ZOARING
S. OLYMPL4 DEVELOPMENT CORPORATION CHANGE OF ZONING
6. CITY OF VIRGINL4 BF-4cH AMEND AND REORDAIN
St@n SBISite Plan Ordinance
re F@ Plain Regu@ns
Section 203 CZOI
on-site vehicular parking
requirements for restaurants
Secdon 80]lsale ofagricukural
products in the 0-2 Ofice
Dimrict.
November 12, 1996
- 27 -
198M V-L.
PUBLJC HEARING ITEM # 41416
PLANNING BY CONSEAT
Upon motion by ;rice Mayor Sessoms, seconded by CounciL7tan Harrison, City Council APPROVED in
ONE MORION rtems 2, 3, 4 and 5 of the PLAMVING BY CONSEAT AGENLL4.
Voting: 11-0
Council Members Voting Aye:
.Wn A. Baum, Linwood 0. Branc& 111, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis P, Jones, Reba S McClanan,
Mayor Meyera E Obemdorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
Navember IZ 1996
28 -
PUBLJC HFARING ITEM # 41417
PL4NNING
Attorney R Edvmrd Bourdop; Pembroke One, 5th Floor, Phone: 499-8971
Upon motion by Pice Mayor Sessonw, seconded by Council Lady Strayhorn, City Council ADOPTED AS
AMENDED the request for MODIFIC47YON OF COND177ONS to the February 23, 1993, approved
Co"@ Use Pernut application for a borrow pil for S HOLDING COPPOPATION re
permitting the mix of waste material from sandblasting ('black sand) with sand being excavated from
an existing borrow pit on property 200 feet more or less North of Kempsville Road beginning at a point
290 feet more or less West of Centerville Turnpike, containing 35.7 acres (KEMPS BOROUGH).
7he following conditions shall be required:
1. All conditions of previously approved conditional use permits
remain applicable.
2 Prior to the commencement of the "black sand' recycling
operation, a plan for dust suppression shall be submitted and
approved by the Planning Department.
3. Prior to commencement of the 'black sand" recycling operation,
there shall be an ongoing water monitoring and testing
procedure approved by the Planning Department.
4. Prior to commencement of the "black sand' recycling operation,
the applicant shall have the blended black sand materia4 after
it has been used for sandblasting by Norshipco, tested for
organics and antifoulants and submit the results to the
Planning Deparhnent. 7he material shall not exceed applicable
limits set by the Environmental Protection Agency and enforced
by the Deparonent of Environmental Quality.
5. 7he black sand material shall not be stored on-site in an
unblended condition.
6 77te applicant shall comply with all applicable federal state
and local water quality standards.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc/4 III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Meinbers Voting Nay:
Reba S. McCianan
Council Members Absent:
None
November IZ 1996
- 29 -
item V-Lz
PUBL[C HEARING ITEM # 41418
PL,4NNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Harrison, City Council ADOPTED an
Ordinance upon application of NEW BEGINNINGS CHURCH OF CHR[ST for a Conditional Use
Permit:
ORDINANCE UPONAPPLICATION OFNEWBEGINNINGS CHURCH
OF CHRIST FOR A CONDMO@ USE PERMRT FOR A CHURCH
R011962074
BE IT HEREBY ORDAIIVED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, k7RGINL4
Ordinance upon application of New Beginnings Church of Christ for a
Conditional Use Permit for a church at the northwest corner of College
Park Boulevard and Drew Drive. Said parcel contains 15,378 square feet.
KEMPSVMM BOROUGH.
7he following conditions shall be require&
1. All exterior lighting shall be directed onto the site.
2. Due to the size of the site and a limited amount of on-site
parking, the Conditional Use Permit is granted for a period of
three (3) years.
Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of lrirginia Beaci; Virginia, on the Twea QtNovember, Nineteen
Hundred and Nine@
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baun4 Linwood 0. Branc& III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhom
Council Members Voting Nay:
None
Council Members Absent:
None
November IZ 1996
30 -
PUBLIC G ITEM # 41419
PL4NNJIVG BY CONSENT
Upon motion by ;rice Mayor Sessoms, seconded by Counci@ Harrson, City Council ADOPTED an
@nanc@ P'ka 'GLEY and MCDONALD, P-C- (in behalf Of Mallon Manor and the,
Catholic es ;Tf Ric for a Conditional use permit.-
ORD'NANCE UPONAPPLIC-4 TIOIV OF Le4NGLEy AARD MCDONALD
PC (IN BEHALF OF @ON @OR AVD THE CATHOLIC
DIOCESE OF PJCHMOND) FOR A CONDITIONAL USE pERAI,,fT
R011962075
BE IT HEREBY ORDAINED BY THE CouNCIL OF THE C OF RGIN B C
RGIN
ITY L4 EA H P7 L4
Ord"n' @ aPPI'calOn Of Langley and McDonalt PC for a
Conditional Use Permit for a nursing home on certain property loc,,td
on the east side Of Princess Anne Road beginning at a Point 509 feet
more Or less south of Green Meadows Drive. Said parcel contains &2
acres. KEAFPSVILLE BOROUGH.
7he following con&tions shall be required..
1. 77'is conditional use permit is approved a 120-bed nursing
pecial carelassisted living facility.
homers for
2. 77'e facility shall be developed substantially in accordance with
the sie plan prepared by Collins & Kronstadt, dated 1017196,
On file with the Department of planning.
3- LandscaPing shown on the site plan in the northwestern and
northeastern corners of the site shal4 at a minimun; comply
with the Provisions of CategorY I landscape screening, for the
Protection of abutting single-family dwellings
4. 7he facility shall be constructed substantially in accordance
with he Photo rendering On file with the Department of
Planning, entitled "Our Lady of Perpetual Help, Pirginia
Beaclk Vlrginia". Materials shall c
with wood and drivit accents and wh, t
solariwn construction as shown in
and @ibited to the Planning Commission and City Council.
5. Free-standing signs shall be limited to one monument style
sign, not more than eight (8) feet in heigh4 utiliing materials,
colors and design complementary to the nursing home structure,
7his Ordinance shall be effective in accordance with Section 107 (t) of the Zoning Ordinance.
Adopted by the Council of the CitY Of Vlrginia Beack Virginia, on the
November 12, 1996
- 32 -
Item V-L.4.
PUBLIC HE4Ri7VG ITEM # 41420
PLA,NWING BY CONSENT
Upon motion by Vice Mayor Sessonw, seconded by Counci@ Harrison, City Council ADOPTED an
Ordinance upon application of CENTEX HOMES for a Change Qf Zoning:
ORDINANCE UPON APPLIC,4TION OF CENTEX HOMES FOR A
CHANGE OF ZONING DISTRICT CL4SSIFIC4TION FROM B-2 TO
R-15 ZOI]961505
BE IT HEREBY ORDAINED BY THE COUNCII, OF THE CITY OF P7RCINL4 BEACH, P7RGINL4
Ordinance upon application of Centex Homes for a Change of Zoning
District Classification from B-2 Community Business District to R-15
Residential District on certain property located at the northeast corner
of Las Brisas Drive and Sandbridge Road The proposed zoning
classification change to R - 15 is for single family residential land use on
lots no less than 15,000 square feet. 7he Comprehensive Plan
recommends use of this parcel for commercial land use in accordance
with other Plan policies. Said parcel contains 5.58 acres. PRINCESS
ANNE BOROUCH
77iis Ordinance shall be effective in accordance with Section 107 (o of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beack Virgin@ on the Twelfth of November, Nineteen
Hundred and Ninety-Six.
Voting: II - 0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branc,% III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P- Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
Non e
Council Members Absent:
None
November 12, 1996
- 33 -
item V-L.S.
PUBLIC HFARING ITEM # 41421
PLAMVING BY CONSENT
Upon motion by Trice Mayor Sessoms, seconded bY COunci@ Harrison, City Council ADOPTED an
Ordinance upon application of OLYMPL4 DEVELOPMENT CORPOR,4TION for a Change of Zoning:
ORDINANCE UPON APPLIC4TION OF OLYMPL4 DEVELOPMENT
CORPOR,4TION FOR A CHANGE OF ZONING DISTRICT
CL4SSIFICATION FROM H-1 to 0-1 ZOI]961504
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE C17Y OF VIRGINL4 BE,4CH, VIRGINL4
Ordnance upon application of Olympia Development Corporation for a
Change of Zoning District Classification from H- I Hotel District to 0-2
Office District on certain property located at the southwest intersection
of South Lynnhaven Road and Golden Oak Court. 77te proposed zoning
classification change to 0-2 is for office land use. 7he Comprehensive
Plan recommends use of this parcel for office land use in accordance
with other Plan policies. Said parcel contains 4.508 acres. LYNNIL4 VEN
BOROUGH.
77tis Ordinance shall be effective in accordance with Section 107 (t) of the &ning Ordinance.
Adopted by the Council of the City of Virginia Beaci; Virginia, on the Tweft of November, Nineteen
Hundred and Nino-Six,
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A Baum, Linwood 0. Branc& III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R @es, Reba S McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessona, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.-
None
November IZ 1996
- 34 -
Item V-L.6.a.c.
PUBLJC HEANNG ITEM # 41422
PLAAWING
Upon motion by Trice Mayor Sessoms, seconded by CounciL-nan Harrison, City Council ADOPTED
Applications of the City of Vwginia Beach:
a. Ordinance to "END and REORDAi7V Section 5B of the Site
Plan Ordinance re F@ Plain Regulations.
C. Ordinance to "END and REORDAIN Section 801 of the
City Zoning Ordinance re roadside stands for sale of
agricukuml products in the 0-2 Offtce @rict.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branck III, William W Harrison, jr,, Harold
Heisch0ber, Barbara M. HenleY, Louis R Jones, Reba S. McCianan,
MaYor MeYera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Meinbers Absent:
None
November 12, 1996
I AN ORDINANCE TO ANEND CITY FL40ODPLAIN
2 REGULATIONS FOR PURPOSES OF CONSISTENCY
3 WITH NATIONAL FLOOD INSURANCE PROGRAM
4 REQUIREMENTS
5 SECTION AMENDED: SITE PIAN
6 ORDINANCE SECTION 5B
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 5B of the Site Plan Ordinance is hereby amended
10 and reordained to read as follows:
11 See. SB. Floodplain Regulations.
12 SB.l. Legislative intent. The purpose of this section is to
13 establish and identify those areas to be known as the floodplain
14 and which would be subject to special regulations. These
15 regulations are intended to implement a policy of protecting the
16 natural floodplaine in the city by requiring that any filling
17 operations taking place maintain the same flood storage capability
18 and storm water flow characteristics as those that naturally exist.
19 The purpose of establishing such areas is to protect life and
0 property, to reduce public costs for flood control, rescue and
1 relief efforts, and construction and maintenance of mannade
2 drainage facilities, to preserve the highest possible level of
3 water quality in the waterways of the area, and to support and
4 conform to the National Flood Insurance Program.
5 SB.2. Definitions. For the purpose of this section, the
6 following terms shall be defined as herein indicated:
7 Area of AhA7?^-
8 a co one
9 an averaaa
0 derth
does not
where ye e t
by pondi low,
desi ncy.
Basement. Any area of the building having its floor below
ground level on all sides.
38 city manager. The city manager or such other person or
39 persons as he may designate to perform the duties, or to exercise
40 the authority, of the city manager pursuant to the provisions of
41 this section.
42 Coastal primary sand dune. A mound of unconsolidated sandy
43 soil which is contiguous to mean high water, whose landward and
44 lateral limits are marked by a change in grade from ten (10)
45 percent or greater to less than ten (10) percent and upon any part
46 of which is growing on July 1, 1980, or grows thereon subsequent
47 thereto, any one or more of the following: American beach grass
48 (Ammophilla breviliclulata) ; beach heather (Hudsonia tometosa) ; dune
49 bean (Strophostylis umbellate var. paludigena) ; dusty miller
50 (Artemisia stelleriana) ; salt meadow hay (Spartina patens) ;
51 seabeach sandwort (Arenaria peploides); sea oats (Uniola
52 paniculata) ; sea rocket (Cakile edentula) seaside goldenrod
53 (Solidago sempervirens) ; and short dune grass (Panicus ararum) .
54 Coastal primary sand dune shall not include any mound of sand,
55 sandy soil, or dredge soil which has been deposited by man for the
56 purpose of the temporary storage of such material for later use.
57 Development. Any man-made change to improved or unimproved
58 real estate including, but not limited to, buildings or other
59 structures; the placement of manufactured homes; streets; paving,
60 mining, dredging, filling, grading, excavation or drilling
61 operations; storage of equipment or materials; and the subdivision
62 of land.
63 Flood. A general and temporary condition of partial or
64 complete inundation of normally dry land areas from:
65 (a) The overflow of inland or tidal waters;
66 (b) The unusual and rapid accumulation of runoff or surface
67 waters from any source; or
68 (c) Mudslides (i.e., mudflows) which are proximately caused
69 or precipitated by accumulations of water on or under the
70 ground. The collapse or subsidence of land along the
71 shore of a lake or other body of water as a result of
72 erosion or undermining caused by waves or currents of
2
73 water exceeding anticipated cyclical levels or suddenly
74 caused by an unusually high water level in a natural body
75 of water, accompanied by a severe storm, or by an
76 unanticipated force of nature, such as flash flood or an
77 abnormal tidal surge, or by some similarly unusual and
78 unforeseeable event which results in flooding as defined
79 in (a) of this section.
so Flood insurance study. The flood insurance study for the City
Si of Virginia Beach prepared by the United States Federal Emergency
82 Management Agency, dated August 18, 1992, and subsequent revisions
83 which is declared to be a part of this section and which shall be
84 kept on file at the office of the city engineer.
85 Floodplain. That land area adjoining a river, stream,
86 watercourse, ocean, bay, or lake, which is subject to inundation.
87 Floodplains shall be determined as the land situated below the
88 elevation of:
89 (a) That recorded by the maximum elevation of the flood water
90 of record;
91 (b) The intermediate flood level as determined by the United
92 States Army Corps of Engineers; or
93 (c) The flood level as determined by the office of the city
94 engineer, whichever is greater.
95 Any changes in the delineation of the intermediate flood level are
96 subject to approval by the federal insurance administrator.
97 A floodplain may include one (1) or more of the following
98 components:
99 (1) Floodway. A natural watercourse with definite bed
100 and banks to confine and conduct flood flows.
101 Floodway lines must be established in such a manner
102 that some loss of storage and hydraulic conveyance
03 attributable to guiding future development outside
04 the floodway will not increase flood heights more
05 than applicable regulatory standards. Pending
06 floodway delineations from a storm drainage master
07 plan, minimum natural floodways shall be identified
3
108 by the city soil scientist. As a minimum, the
109 floodway is an shown in the flood insurance study
110 and accompanying maps.
ill (2) Flood fringe. The relatively flat area or low
112 lands adjoining a floodway which has been or may
113 infrequently be covered by flood water.
114 (3) Approximated floodplain. The area for which no
115 detailed flood profiles or elevations are provided,
116 but where a one hundred (100) year floodplain
117 boundary has been approximated.
118 (4) Coastal high hazard area. An area of special flood
119 hazard extending from offshore to the inland limit
120 of a coastal primary sand dune along an open coast
121 and any other area subject to high velocity wave
122 action from storm or seismic sources. As a
123 minimum, the coastal high hazard areas are
124 identified as V zones in the flood insurance study
125 and accompanying maps.
126 Historic Structure. Any structure which is:
127 (a) Listed individually in the National Register of Historic
128 Places maintained by the Department of the Interior or
129 preliminarily determined by the Secretary of the Interior
130 as meeting the requirements for individual listing on the
131 National Register;
13 2 (b) Certified or preliminarily determined by the Secretary of
13 3 the Interior as contributing to the historical
134 significance of a registered historic district or a
135 district preliminarily determined by the Secretary to
36 qualify as a registered historic district;
37 (c) Individually listed on a state inventory of historic
38 places in states with historic preservation programs
39 which have been approved by the Secretary of the
40 Interior; or
4
141 (d) Individually listed an a local inventory or historic
142 places in communities with historic preservation progress
143 that have been certified either:
144 (1) By an approved state program as determined by the
145 Secretary of the Interior; or
146 (2) Directly by the Secretary or the Interior in states
147 without approved programs.
148 Lowest floor. The lowest f loor of the lowest enclosed area,
149 including basement area. An unfinished or f loc>d resistant
150 enclosure, usable solely for parking of vehicles, building access
151 or storage, in an area other than a basement area, is not
152 considered the lowest floor in a building, provided that such
153 enclosure is not built so as to render the structure in violation
154 of the applicable nonelevation design requirements of this section.
155 Manufactured home. A structure subject to federal
56 regulations, which is transportable in one (1) or more sections; is
57 eight (8) body feet or more in width and forty (40) body feet or
58 more in length in the travelling mode, or is three hundred twenty
59 (320) or more square feet when erected on site; is built on a
60 permanent chassis; is designed to be used as a single ramily
61 dwelling, with or without a permanent foundation when connected to
62 the required facilities; and includes the plumbing, heating, air
63 conditioning and electrical systems contained in the structure.
64 Manufactured home park or subdivision. A parcel or contiguous
65 parcels of land divided into two (2) or more manufactured home lots
66 for rent or sale.
67 one hundred (.100) year flood. The f lood having a one (1)
68 percent chance of being equalled or exceeded in any given year,
69 also referred to as base flood or intermediate level flood.
0 Recreational vehicle. A vehicle which is:
I (a) Built on a single chassis;
2 (b) Four hundred (400) square feet or less when measured at
3 the largest horizontal projections;
4 (c) Designed to be self propelled or permanently towable by
5 a motor vehicle; and
5
176 (d) Designed primarily not for use an a permanent dwelling
177 but as a temporary living quarters for recreational
178 camping, travel or seasonal use.
179 Re@atory floodway. The channel of a river or other
iso watercourse and the adjacent land areas that must be reserved in
181 order to discharge the base flood without cumulatively increasing
182 the water surface elevation more than a designated height.
183 Start of construction. Includes substantial improvement, and
184 means the date the building permit was issued, provided the actual
185 start of construction, repair, reconstruction, placement, or other
186 improvement was within one hundred eighty (180) days of the permit
87 date. The actual start means either the first placement of
as permanent construction of a structure on a site, such as the
89 pouring of a slab or footings, the installation of piles, the
90 construction of columns, or any work beyond the stage of
91 excavation; or the placement of a manufactured home on a
92 foundation. For substantial improvements, the actual start of
93 construction means the first alteration of any wall, ceiling,
94 floor, or other structural part of a building, whether or not the
95 alteration affects the external dimensions of the building.
96 Permanent construction does not include land preparation, such as
97 clearing, grading and filling; nor does it include the installation
98 of streets and/or walkways; nor does it include excavation for a
99 basement, footings, piers, or foundations or the erection of
00 temporary forms; nor does it include the installation on the
01 property of accessory buildings, such as garages or sheds not
02 occupied as dwelling units or not part of the main structure.
03 Substantial damage. Damage of any origin sustained by a
04 structure whereby the cost of restoring the structure to its before
05 damaged condition would equal or exceed fifty (50) percent of the
6 market value of the structure before the damage occurred.
7 Substantial improvement. Any reconstruction, rehabilitation,
8 addition, or other improvement of a structure, the cost of which
9 equals or exceeds fifty (50) percent of the market value of the
0 structure before the start of construction of the improvement.
6
211 This term includes structures which have incurred substantial
2 12 damage, regardless of the actual repair work perrorned. The term
213 does not, however, include either:
214 (a) Any project for improvement or a structure to correct
215 existing violations of state or local health, sanitary,
216 or earety code specifications which have been identified
217 by the local code enforcement official and which are the
218 minimum necessary to assure sare living conditions, or
219 (b) Any alteration or a "historic structure", provided that
220 the alteration will not preclude the structure's
221 continued designation as a "historic structure".
2 22 5B.3. Establishing the floodplain areas. The f loodplain
223 shall include areas subject to inundation by waters or the one
224 hundred (100) year flood. The basis for the delineation of these
225 areas shall be the Flood Insurance Study (FIS) and accompanying
226 maps f or the City of Virginia Beach prepared by the Federal
27 Emergency Management Agency, dated januar
28 1996, or the most recent revision thereof. Any land included
29 within a floodplain shall be subject to the use regulations and the
30 special requirements relating to floodways, flood fringes,
31 approximated floodplains, and coastal high hazard areas as set
32 forth in this section, provided that any permitted development is
33 further subject to all federal and state rules and regulations.
34 The rloodplain shall be established in conformance with the
35 definition of floodway, flood fringe, approximated floodplain, and
36 coastal high hazard area.
37 (a) The regulatory floodway is delineated for purposes of
38 this section using the criteria that a certain area
39 within the floodplain must be capable of carrying the
40 waters of the one hundred (100) year flood without
41 increasing the water surface elevation of that riood more
42 than one (1) f oot at any point. These areas are
43 specifically defined in Table 5 of the flood insurance
4 study and shown on the accompanying flood
7
245 f I:ee"ay insurance rate map, which is a part of the Flood
246 Insurance Study.
247 (b) The flood fringe shall be that area of the one hundred
248 (100) year floodplain not included in the floodway. The
249 basis for the outermost boundary of this area shall be
250 the one hundred (100) year flood elevations contained in
251 the flood profiles of the flood insurance study and as
252 shown on the above-ref erenced f lood beundary and f loodway
253 insurance rate map.
254 (c) The approximated f loodplain shall be that f loodplain area
255 for which no detailed flood profiles or elevations are
256 provided, but where a one hundred (100) year floodplain
257 boundary has been approximated. Such areas are shown on
258 the maps accompanying the flood insurance study. In
259 determining the necessary elevations for the purposes of
260 this section, the city engineer shall obtain, review and
261 reasonably utilize any base flood elevation and floodway
262 data available from a federal, state, or other source, as
263 criteria for requiring that new construction, substantial
264 improvements, or other development in Zone A comply with
265 the provisions of section 5B.5. of this section. Such
266 sources of data include:
267 (1) United States Army Corps of Engineers - Floodplain
268 information reports.
269 (2) United States Federal Emergency Management Agency -
270 Flood insurance rate maps and flood boundary and
271 floodway maps.
272 (3) United States Geological Survey - Floodprone
273 quadrangles.
274 (4) City of Virginia Beach soil scientist - Flood
275 hazard analyses.
276 (5) Known high water marks from past floods.
277 (6) Other sources; e.g., hydrologic and hydraulic
278 analyses by professional engineer.
a
279 (d) The coastal high hazard area shall be those portions of
280 the floodplain subject to inundation by high velocity
281 waters and wave action and identified as VZ zones on the
282 maps accompanying the flood insurance study.
283 (a) Where no regulatory floodway has been napped, the
284 floodway shall be deemed to consist of any and all areas
285 of wetlands, marsh, swamp, or permanently saturated soils
286 as further defined in section 5B.2. of this section.
287 (f) Interpretations of the boundaries of the floodplain shall
288 be made by the office of the city engineer.
289 58.4. Use regulations. All uses, activities, and development
290 occurring within any floodplain shall be undertaken only upon the
291 issuance of a permit. Such development shall be undertaken only in
292 strict compliance with the provisions of this section and with all
293 other applicable codes and ordinances such as the Virginia Uniform
294 Statewide Building Code. Prior to the issuance of any such permit,
295 the city manager shall require all applications to include
296 compliance with all applicable state and federal laws.
297 Under no circumstances shall any use, activity, and/or
298 development adversely affect the capacity of the channels or
99 f loodways of any watercourse, drainage ditch, or any other drainage
300 facility or system.
01 Prior to any proposed alteration or relocation of any channel
02 or of any watercourse, stream, etc., a permit shall be obtained
03 from the United States Army Corps of Engineers, the Virginia
04 Department of Environmental Quality, and the Virginia Marine
05 Resources Commission. A Joint permit application is available from
06 any of these agencies or the city. Further, notification of the
07 proposal shall be given to all affected adjacent jurisdictions, the
08 Division of soil and Water Conservation of the Virginia Department
09 of Conservation and Recreation, and the Federal Insurance
10 Administration.
11 (a) In the floodway areas of the floodplain, the following
12 uses and structures may be permitted, subject to the
13 requirements of this section:
9
3 14 (1) Public and private outdoor recreational facilities;
3 15 (2) Agricultural uses, including farming, grazing and
316 the raising of poultry or livestock; provided, that
317 poultry or livestock shall not be housed within
318 five hundred (500) feet of any residential,
319 apartment or hotel district;
320 (3) Open uses, such as off street parking or loading
32 1 and unloading areas related to uses in adjoining
322 districts;
323 (4) Commercial mining, soil removal and sand pits,
324 subject to regulations applicable to extractive
325 industries as set forth in the conditional use
326 provisions of the Zoning ordinance of the City of
327 Virginia Beach;
328 (5) Public improvements, such as dams, levees and
329 channel improvements, and utilities installations
330 and substations, including temporary storage of
331 materials, except flammable, toxic or noxious
332 materials, and temporary location of maintenance
333 installations;
334 (6) Uses and structures customarily accessory and
335 clearly incidental and subordinate to uses listed
336 above, including in connection with agricultural
337 uses; roadside stands for the sale of agricultural
338 products produced on the premises; provided that:
339 (i) Only one (1) such stand shall be permitted per
340 lot;
341 (ii) No such stand shall exceed five hundred (500)
342 square feet in floor area; and
343 (iii) No such stand on the street frontage shall be
344 erected within twenty (20) feet of the
345 property line.
346 (b) In the flood fringe and approximated floodplain areas of
347 the f loodplain, land shall be subject to the use
348 regulation of the appropriate zoning district as well as
10
349 the special r@lations relatinq to f lood frinq* and
350 approximated floodplain as set forth in this section.
351 Any structure or use of a structure vhich layfullv
352 existed Rrior to the adoption of this section, but vhich
353 in not in conformity vith the Rrovisions of this section,
354 may be continued subject to the following conditions*
355 LU No structure in the f loodvay area shall be eXR@ed
356 or enlarged unless it has been demonstrated through
357 hydrologic and hydraulic analyses iperfo mod in
358 accordance vith standard engineering Rractices that
359 the Rro2osed expansion or enlargement vill not
360 result in any increase in the loo-year flood
361 elevation:
362 la With reorect -to any modification, alteration,
363 re2air, reconstruction or improvement of any kind
364 to a structure or use located in any f loodriain
365 area to an extent or amount of less than fiftv Rer
366 cent (50%) @f its market value, elevation or
3 67 floodgroofing. or both, should be cons to the
368 greatest extent ROssible: and
369 In The modification. alteration, repair,
3 70 reconstruction or improvement of a . to a
371 structure or use located in anv nart of a
372 floodplain al @+. or amount equalling or
373 exceeding fifty per cent (50%,' t value
374 shall be undertaken oniv in full compliance with
375 the Rrovisi section and the Virginia
376 Uniform Statewide Buildina Code,
77 Within any zone desicmated as Ao on the flood insurance
78 rate may, he lowest floor, includi. basements, of all
79 new con ntial nts of
so residenti tures shall be eleva
81 highest adjacent grade an amount no a depth
82 number sp the flood insurame rate
83 maR or, it less than tvo feet,
384 Within any zone designated -a AO on the flood insurance
385 @e MR. the lowest. floor, including basements, of All
386 nay construction and - in2rovemants- of
387 nonresidential struct=es shall (i@ elevated @ve the
388 hiaheat A4mcent grade an so than the depth
389 n@r specified, flood insurance rate
390 map or, if no depth is specified not less than two feet,
391 or (iii t2gother wil- sanitary
392 faciliti I g the id
393 level to mee: the f
394 this ordinance,
395 5B.5. special requirements applicable to the floodplain.
396 (a) Regulation of floodvays. Any provision to the contrary
397 notwithstanding, no use or structure or substantial
398 improvement to existing structure shall be permitted in
399 any floodway, if such use or structure or substantial
400 improvement will adversely affect normal flood flow, or
401 will increase flooding of lands above or below the
402 property, or will increase erosion within or adjoining to
03 floc>dway, or will cause diversion of flood waters in any
04 manner more likely to create damage than does flow in a
05 normal course, or will increase peak flows or velocities
06 in a manner likely to lead to added property damage or
07 hazards to life, or will increase amounts of damaging
08 materials, including those likely to be injurious to
09 health, which might be carried downstream in floods.
10 Encroachments, including fill, new construction,
11 substantial improvements, and other development within
12 the regulatory floodway that would result in any increase
13 in flood levels within the community during the
14 occurrence of the base flood discharge is specifically
is prohibited. No variance shall be granted for any
16 development, use, or activity within any regulatory
7 floodway that would cause any increase in flood heights.
8 If a structure is allowed or granted a variance to be
12
419 located within a regulatory f loodway, it shall also meet
420 the regulations for rlood fringes and approximated
421 floodplains.
422 (b) Regulation of flood fringes and approximated floodplain.
423 New construction or substantial improvements to existing
424 structures permitted in the flood f rings and approximated
425 floodplain shall be so located, elevated, and constructed
426 so as to resist flotation and to orfor minimum
427 obstruction to flood flow. The lowest rloor, including
428 basement, or every structure shall be a minimum of one
429 (1) root above the elevation of the rloodplain except as
430 provided for in section 4.1.B.4. of this ordinance. No
431 use shall be permitted ir such use will increase the
432 amounts of potentially damaging materials, including
433 those likely to be injurious to health, which might be
434 carried downstream in floods. Electrical, heating,
435 ventilation, plumbing, and air conditioning equipment and
436 other service facilities shall be designed and/or located
437 so as to prevent water from entering or accumulating
438 within the components during conditions or flooding. For
439 all new construction and substantial improvements, fully
440 enclosed areas below the lowest floor that are subject to
441 flooding shall be designed to automatically equalize
42 hydrostatic flood rorces on exterior walls by allowing
43 for the entry and exit of floodwaters. Designs for
44 meeting this requirement must either be certified by a
45 registered professional engineer or architect or must
46 meet or exceed the following minimum criteria:
47 (1) A minimum of two (2) openings having a total net
48 area of not less than one (1) square inch for ev @
49 square root or enclosed area subject to rlooding
50 shall be provided.
51 (2) The bottom of all openings shall be no higher than
52 one (1) foot above grade.
13
453 (3) opening* may be owipped with screens, louvers, or
454 other coverings or devices provided that they
455 Permit the automatic entry and exit of floodwaters.
456 (c) Floodplaing subject to special restrictions
457 Notwithstanding provisions of this section to the
458 contrary, there shall be no filling permitted for the
459 purpose of altering the contour of the land and that
460 would decrease the flood storage capacity or adversely
461 affect storm water flow conditions as determined upon
462 review by the city engineer except for the purpose of
463 roadway construction or other similar public works
464 construction, and except to provide the minimum amount of
465 fill to assure adequate functioning of a septic tank
66 system, in any of the following floodplains:
67 (1) North Landing River and its tributaries south
68 of Lynnhaven Parkway;
69 (2) West Neck Creek and its tributaries south of Shipps
70 Corner Road and London Bridge Road; and
71 (3) Bays, creeks, lakes, guts, coves, wetlands, marshes
72 and swamps and their tributaries comprising the
73 Back Bay watershed south of South Birdneck Road and
74 east of Princess Anne Road and General Booth
75 Boulevard.
76 5B.6. Special requirements applicable to coastal areas. Sand
77 dunes, barrier beaches and other natural protective barriers shall
8 remain intact to provide protection against wind, waves, and
9 erosion drainage. Any person who desires to use or alter any
0 coastal primary sand dune, other than for the purpose of conducting
I the activities specified in section 1602 of the Zoning Ordinance of
2 the City of Virginia Beach, shall first file an application for a
3 permit with the Wetlands Board at the planning department.
4 Coastal high hazard area. In the coastal high hazard area
5 (zones Vl-30), the following regulations shall apply in addition to
6 the regulations cited above:
14
487 (a) NO land below the level of the one hundred (100) year
488 tidal flood may be developed unless the now construction
489 or substantial improvement:
490 (1) Is located landward of the reach of the mean high
491 tide;
492 (2) Is elevated on ad@ately anchored piles or
493 columns, and securely anchored to such piles or
494 columns so that the lowest portion of the
495 structural members of the lowest floor is elevated
496 to at least one (1) foot above the one hundred
497 (100) year maximum wave crest elevation, as shown
498 in the flood insurance study and accompanying maps;
99 (3) Has been certified by a registered professional
00 engineer or architect that it is securely anchored
01 to adequately anchored pilings or columns in order
02 to withstand velocity waters and hurricane wave
03 wash,
04 (4) Has the space below the lowest floor either free of
05 obstruction or constructed with nonsupporting
06 breakaway walls, open wood lattice work, or insect
7 screening intended to collapse under wind and water
a loads without causing collapse, displacement, or
9 other structural damage to the elevated portion of
0 the building or supporting foundation system. For
1 the purposes of this section a breakaway wall shall
2 have a design safe loading resistance of not less
3 than ten (10) and no more than twenty (20) pounds
per square foot. Use of breakaway walls which
exceed a design safe loading resistance of twenty
(20) pounds per square foot, either by design or
when so required by local or state codes, may be
permitted only if a registered professional
engineer or architect certifies that the designs
proposed meet the following conditions:
15
521 (i) Broakaway wall collapse *hall result from a
522 water load less than that which would occur
523 during the base flood; and
524 (ii) The elevated portion of the building and
525 supporting foundation system shall not be
526 subject to collapse, displacement, or other
527 structural damage due to the effects of wind
528 and water loads action simultaneously on all
529 building components, both structural and
530 nonstructural. Maximum wind and water loading
531 values to be used in this determination shall
532 each have a one (1) percent chance of being
533 equalled or exceeded in any given year, one
534 hundred (100) year mean recurrence interval.
535 Such enclosed space shall be usable solely for
536 parking of vehicles, building access, or
537 storage.
38 (5) Does not utilize fill for structural support of
39 buildings or structures.
40 (6) Has the electrical, heating, ventilation, plumbing,
41 and air conditioning equipment and other service
42 facilities designed and/or located so as to prevent
43 water from entering or accumulating within the
44 components during conditions of flooding.
5 (7) Meets all other applicable requirements for
6 construction in high hazard zones found in the
7 Virginia Uniform Statewide Building Code.
8 (b) In the coastal hazard area of the floodplain, land shall
9 be subject to the use regulations of the appropriate
0 zoning district, as well as the special regulations
1 relating to coastal high hazard areas as set forth in
this section. Existing nonconforming uses and/or
structures located on land below the level of one hundred
(100) year maximum wave crest elevation, as shown in the
16
555 rlood insurance study and accompanying maps, &hall not be
556 expanded.
557 (c) The mannade alteration or sand dunes which would increase
558 potential rlood damage is prohibited.
559 5B.7. Special zwpirements for manufactured homes and
$60 recreational vehicles.
561 (a) Manufactured homes placed or substantially improved on
562 sites within a f lood fringe or approximated rloodplain
563 shall:
564 (1) Be elevated on a permanent foundation such that the
565 lowest floor of the manufactured home is elevated
566 to or above the base flood elevation and securely
567 anchored to an adequately anchored foundation
68 system to resist flotation, collapse and lateral
69 movement;
70 (2) Have adequate surface drainage and access for a
71 hauler provided;
72 (3) In the instance of elevation of pilings, be on lots
73 large enough to permit steps, have piling
74 foundations in stable soil no more than ten (10)
75 feet apart, and have reinforcement provided for
76 pilings more than six (6) feet above the ground;
7 (4) Have electrical, heating, ventilation, plumbing,
8 and air conditioning equipment and other service
9 facilities designed and/or located so as to prevent
0 water from entering or accumulating within the
1 components during conditions of flooding; and
2 (5) Have fully enclosed areas below the lowest rlc>or
3 that are subject to flooding meet the applicable
requirements described in section 5B.S.(b) of this
section.
(b) Manufactured homes placed or substantially improved on
sites within a coastal high hazard area shall comply with
the same standards as set forth for conventional housing
in coastal high hazard areas.
17
590 (c) Recreational vehicles placed or substantially improved on
591 sites within a flood fringe or approximated fi@plain
592 shall either:
593 (1) Be on the site for fewer than one hundred eighty
594 (180) consecutive days;
595 (2) Be fully licensed and ready for highway use; or
596 (3) Meet all applicable permit requirements for
597 placement and the elevation and anchoring
598 requirements for manufactured homes.
599 A recreational vehicle is ready for highway use if it is
600 on wheels or jacking system, is attached to the site only
601 by quick disconnect type utilities and security devices,
602 and has no permanently attached additions.
603 (d) Recreational vehicles placed or substantially improved on
604 sites within a coastal high hazard area shall either:
605 (1) Be on site for fewer than one hundred eighty (180)
606 consecutive days;
607 (2) Be fully licensed and ready for highway use; or
608 (3) Meet the same standards applicable to conventional
609 housing in coastal high hazard areas.
610 5B.8. Variances.
611 Notwithstanding any other provision of this ordinance,
612 the City Council may grant such variances from the terms
613 of this section as will not be contrary to the public
614 interest in cases in which the strict application of the
615 provisions of this section would effectively prohibit or
616 unreasonably restrict the use of the subject property;
617 provided, however, that no variance shall be granted
618 unless the City Council finds that (1) such variance IM
619 not create or result in unacceptable or prohibited
620 increases in flood heiahts, additional threats to gublic
621 safety - extraordinary Rublic exrense, nuisanc raud gx
622 victimization of the Rublic: is not eentrary to the
623 purpeas and intent -E this seetient (2) the granting of
624 such variance will not be detrimental to other property
18
625 in the vicinity; (3) the circumstances giving rise to the
626 application are not of a general or recurring nature; a*&
627 (4) such circumstances arise fron the physical character
628 of the property or from the use or development of
629 adjacent property and not from the personal situation of
630 the applicant. and
631 not be i
632 the City.
633
634
635 (C)
636 that th c
637 below t
638 risks tg.- 2 W
639 increas e
640 (d) A cord
641 u@t t
642 notific s th' shall be
643 maintained e
644 granted shall be noted in
645 submit e e e
646 Adopted by the City Council of the City of Virginia Beach,
647 Virginia on the 12th day of November, 1996.
648 CA-6401
649 WMK/Ordres/46-5B.ORD
650 10/3/96
651 R-2
19
I Requested by Councilman William W. Harrison, Jr.
2
3 AN ORDINANCE ESTABLISHING ROADSIDE STANDS FOR
4 THE SALE OF AGRICULTURAL PRODUCTS AS A
5 CONDITIONAL USE IN THE 0-2 OFFICE DISTRICT
6 SECTION AMENDED: CITY ZONING ORDINANCE SECTION 801
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 801 of the City Zoning Ordinance is hereby
10 amended and reordained to read as follows:
11 Sec. 801. Use r @ rations.
12 (a) Principal and conditional uses. The following chart
13 lists those uses permitted within the 0-1 and 0-2 Office Districts.
14 Those uses and structures in the respective Office Districts shall
15 be permitted as either principal uses indicated by a "P" or as
16 conditional uses indicated by a "C." Uses and structures indicated
17 by an "XI' shall be prohibited in the respective districts. No uses
is or structures other than as specified shall be permitted.
19 Use 0-1 0-2
20 Business offices of advertising,
21 real estate, insurance, commercial
22 or industrial establishments p p
23 cemeteries c c
24 Child care centers p p
25 Child care education centers in
26 connection with public or private
27 elementary schools or churches p p
28 Churches c c
29 Eating and drinking establishments,
30 establishments for sale of
31 convenience goods and personal
32 service establishments other than
33 those permitted as principal uses,
34 provided that such uses shall be in
35 connection with a principal use and
36 shall in combination not occupy more
37 than ten (10) percent of the total
38 floor area involved in the principal
39 use c c
40 Finance agency offices, banks p p
41 Florists retail p p
42 Funeral homes c p
43 Governmental centers and offices and
44 other public uses and structures
45 appropriate to the character of the
46 district, necessary to its
47 servicing, or requiring location
48 within the district
49 p p
50 Hospitals and sanitariums x c
51 Kedical, optical and dental offices
52 and clinics; legal, engineering,
53 architectural and similar
54 professional offices, accounting,
55 auditing and bookkeeping service
56 offices p p
57 Kuseums, art galleries, auditoriums,
58 arenas, civic or cultural centers,
59 historic exhibits, botanical
60 gardens, parks, recreational
61 facilities and the like, when
62 operated by a public agency or not
63 for profit x p
64 Nursing or convalescent homes,
65 maternity homes, homes for the aged
66 and similar institutions for the
67 shelter and care of persons x c
68 offices in which goods, wares or
69 merchandise are not commercially
70 created, displayed, stored,
71 exchanged or sold p p
72 offices of miscellaneous business
73 services such as consumer credit
74 reporting agencies, mailing list and
75 stenographic services, business and
76 management consulting services p p
77 offices of nonprofit organizations,
78 such as professional organizations,
79 civic, social and fraternal
so associations, p o 1 i t i c a 1
81 organizations, religious
82 organizations, and labor unions;
83 provided, however, that no hiring
84 halls shall be permitted in this
85 district p p
86 Off-street parking in conjunction
87 with permitted uses in an adjoining
88 business district, provided such
89 parking shall be limited to that
90 zoning lot contiguous with the
91 business district use for which the
92 parking is provided but in no event
93 shall such off-street parking extend
94 more than two hundred (200) feet
95 into the 0-2 District x c
96 Private clubs and lodges, social
97 centers, eleemosynary establishments
98 and athletic clubs x c
99 Public schools, colleges and
100 universities, and private schools,
101 colleges and universities having
102 similar academic curriculums c p
2
103 Public utilities installations and
104 substations, provided storage or
105 maintenance facilities shall not be
106 permitted; and provided, further,
107 that utilities substations, other
108 than individual transformers, shall
109 be surrounded by a wall, solid
110 except for entrances and exits, or
ill by a f once with a screening hedge
112 five (5) to six (6) feet in height;
113 and provided also, transformer
114 vaults for underground utilities and
115 the like shall require only a
116 landscaped screening hedge, solid
117 except for access opening
118 p p
119 Public utilities business offices x p
120 Roadside stands for the sale of
121 agricultural products, provided
122 that (1) no such stand shall exceed
123 one thousand (1,0001 scruare feet in
124 floor area: (2) no such stand shall
125 be located within fifty (501 feet of
126 any streets (3) the operator of such
127 stand shall be the owner or orerator
128 of the property on which the stand is
129 located: and (4) no less than fifty
130 (501 iper cont, by value, of the
131 products offered for sale at the
132 stand shall have been produced by the
133 operator of the stand x c
134 Television or radio transmission
13 5 towers, cellular telephone antenna
136 and line-of-sight relay devices c c
137 (b) Accessory uses and structures. Uses and structures which
138 are customarily accessory and clearly incidental and subordinate to
139 principal uses and structures, including but not limited to:
140 (1) As appropriate to the principal use, ethical pharmacies,
141 dental laboratories, and the fitting and sale of
142 eyeglasses, hearing aids, prosthetic appliances, and the
143 like, provided that no such accessory use in combination,
144 shall occupy more than ten (10) percent of the total
145 floor area involved in the principal use.
146 Adopted by the City Council of the city of Virginia Beach,
147 Virginia, on this 12th day of November, 1996.
148 CA-6422
149 data/ordin/noncode/45-801.ord
150 9/13/96
151 R-1
3
- 35 -
Item V-L.6.a.c.
PUBLJC HEARING ITEM # 41423
PL4NNING
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Harrison, City Council ALLOWED
NWHDP,4WAL:
Applications of the City of Virginia Beach:
Ordinance to AMEND and REORDAIN Section 203 of the City Zoning
Ordinance re on-site vehicular parking requirements for restaurants.
7'he CitY Manager was requested to provide a report on the parking situation in the Rudee Inlet area for
City Council's review.
Voting: 11-0
Council Meinbers Voting Aye:
John A. Baum, LinwoodaBrancl; 111, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis P, Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
November 12, 1996
36 -
NEW BUSINESS ITEM # 41424
Upon 'nollon by rzce Mayor Ses$Oms, seconded bY COuncibnan Jones, City Council AGREED TO,4DD
go the AGENDA:
Ol,*nance for extension of City Managers c@c, (November 25, 1996
- Nove@r 30, 2001) adding Health Insurance Benefits.
Voting: 11-0
Council Meinbers Voting 4ye:
John A. Daum, Linwood 0. Branck III, William W Harrison, Jr., Harold
He'sch0ber, Barbara M Henley, Louis R Jones, Reba s McClanan,
MaYOr MeYera E- Oberndorf Nancy K Parker, Vice Mayor 411tiam D.
Sessoms, Jr. and Louisa M. Strayho,
Council Members Vollng Nay:
None
COuncil Meinbers Absent,-
None
November IZ 1996
37 -
NEW BUSINESS ITEM # 41425
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Jones, City Council ADOPTED:
Ordinance for extension of City Manager's contract (November 25, 19%
- November 30, 2001) adding Health Insurance Benefits.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branci4 III, William W Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor William D. Sessom, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
November 12, 1996
I AN ORDINANCE TO EXTEND THE CITY MANAGERIS
2 CONTRACT OF EMPLOYMENT TO NOVEMBER 30, 2001
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA:
5 That James K. Spore's contract of employment as City
6 Manager for the City of Virginia Beach, Virginia, is hereby
7 modified and extended from November 25, 1996, to November 30, 2001,
8 as reflected in the revised Agreement which is attached hereto.
9 Adopted by the Council of the City of Virginia Beach,
12 Novembei-
10 Virginia, on the day of 1996.
11 CA-6487
12 ORDIN\NONCODE\MANAGER.ORD
13 R-1
14 PREPARED: 11/19/96
This Agmmnt is entered into this _ day of November, 19%, by and
between the CrrY OF VIRGWU BEACH, VIRG@, a municipal corporation,
he ref@ to as OCity* and JAMES K. SPORE, hereinafter referred to as
*]Employee. a
WITNESSF,TH
WHEREAS, by agreement dated November 12, 1991, the City of Virginia
Beach employed Janies K. Spore as its City Manager for a terrn conunencing November
25, 1991, and ending November 24, 1996;
WHEP,EAS, the City wishes to continue the employment of Janies K. Spore
as its City Manager;
and S, James K. Spore agrees to accept such continued employment;
S, the parties hereto desire to set forth herein the wm and
conditions of such continued employmnt;
NOW, TEMREFORE, for and in consideration of the muuw covenants and
obligations set forth herein and other good and valuable consideration, the parties hereto
agme as follows:
I - Alties
(a) Employee "H perform the functions and duties of die position of
City Manser in accordance with die provmons of the Charter of the City of Virguua
and aU other applicable statutes and ordinances.
(b) Employee @ perform such functions and duties in accordance with
the policy and direction of the City Council.
(c) Employee shall also perform any other legally permissible duties or
functions as the City Council may deem appropriate to assign him at any fim during the
term hereof.
11 - Term of t
(a) Except as otherwise provided herein, this Agreement @ comnience
November 25, 1996, and end November 30, 2001.
(b) Except as provided by Article M, below, during the term hereof,
Employee agrees to remain in the exclusive employ of the City.
(c) Nothing herein shall be deemed to @t in any way the authority of
City Council to terminate the Employee at any time; provided, however, that such
termination shall be in accordance with the provisions of Article M below.
(d) Nothing herein shall be deemed to @t the right of Employee to
volun@y resign; provided, however, that such resignation shall be in accordance with
Article IH below.
Ar&le M - Te@ation and Resignation@ Severance Pay
(a) In the event the Employee is terminated by the City before the
expiration of the term of this Agreement, he shall receive as severance pay an amount
equal to the greater of six (6) months of his base salary or one (1) month of his base
salary for each full year of service. AU other benefits hereunder shall cease as of the date
2
of tion. However, if Employee is terminated for niisfeumce, malfeasance, or
nonfeasance in office, all compensation by the City shall end as of the date of termination.
(b) If Employee voluntarily resigns, then all compensation and benefits
shall cease as of the effective date of such resignation. Employee shau give the City
ninety (90) days written notice of any such resignation; provided, however, it is expressly
understood that City Council may, in its sole discretion, waive any of all of this ninety
(90) day notice requirement.
(c) In the event the City, at any time during the employment of
Employee, reduces the @ or other fringe benefits of Employee by a percentage greater
than the percentage of any across-the-board reduction for all City employees, or refuses
to comply with any other provisions of this Agreement benefitting Employee, or in the
event Employee resigns following the request of a majority of the members of City
Council that he resign; then Employee may, at his option, be deemed to have been
'terminated,' and shall receive severance pay in accordance with Article M of
Agreement.
IV - c tion
Beginning on December 1, 1996, City agrees to pay Employee for services
Tendered pursuant hereto an annual gross @ of One Hundred Twenty-Five Thousand
Four Hundred DoMn ($125,400.00), payable in ins@ents at the same time and in the
mm manner as other City employees are paid. Such annual gross @ will be
in annually by an amount no less than the average increase for all other City
3
employees for the comsponding fiscal year unless Employee has received an
unsatisfactory perfommce evaluation.
In addition to the @ described above, the City agrees to contribute
Seven Thousand Five Hundred Dollars ($7,500) per year as deferred compensation, for
die benefit of Employee, to the International City Managers Association.
Article V - Automobfle Allowance
In lieu of supplying a City-owned vehicle for use by Employee in
conducting City business, City agrees to pay Employee a car allowance as additional
in the sum of Five Hundred DoIL-irs ($500.00) per month and in addition, Employee
be reimbursed for business mileage at the same rate at which other City employees
are reimbursed. Said sum for car allowance may be increased from fim to fim by action
of the City Council. In consideration thereof, Employee shall provide his own vehicle and
AO be solely responsible for all fuel, maintenance, insurance, and other expenses related
thereto.
Artidle VI - @ Benefits
(a) In addition to the Compensation set forth in Article IV and the
Automobile Allowance set forth in Article V, the City agrees to provide the same
hospi@tion and medical insurance coverage available to all City employees and to pay,
on behalf of Employee, the total premium for Way hospi@tion and medical
ce, including vision and dental coverage as provided all other City employees.
4
(b) Employee shau receive fringe benefits such as annual leave, sick
leave, life ce, hospitalization, Virginia Retirement System, etc. in accordance with
existing City policies and ordinances as applicable to aU other City employees. Nothing
herein shau be constructed to prevent changes in the nature of such benefits to Employee
should such benefits be subsequently altered for aU other City employees.
Article VII - Hours of Emplo3mnt
It is recognized that the nature of Employee's position requires flexible
hours. Therefore, Employee in consideration of his compensation sh&U work whatever
hours are necessary to satisfactorily perform the functions and duties of City Manager.
VM - Dues and SubsailWonq
City agrees to pay professional dues and subscriptions of Employee
for its membership and participation in national, regional, state, and local
associations and organizations of a job-related nature and for travel and associated
expenses of Employee to @ his attendance at professional meetings arW conference,
as budgeted and approved by the City Council.
Artlcle IX - General Bus@ Related ExMnses
Except as specifically provided in Article V and VM, the City agrees to
reimburse Employee for job-related expenditures in accordance with existing City policy.
5
x - Ternu and Conditions of
(a) The City agrees to evaluate the performance of Employee at least
once each year. All aspects of such evaluation @ be treated confidentially by the City
and Employee subject to the provisions of the Freedom of information Act.
(b) The City Council may at any fim prescribe any other terms and
conditions of employment related to Employee's performance as City Manager as it my
deem , provided such terms and conditions are not inconsistent with the specific
provwm of this Agreement.
(C) City agrees to provide self- ce coverage and legal counsel for
Employee in matters relating to his official duties within the scope of his employment, as
is provided to all other City employees.
(d) AU provisions of state or city law or policy relating to terms and
conditions of mumcipal employment generally as they now exist or may hereafter be
amended shall apply to Employee; provided, however, that should any such law or pohcy
be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed
amended so as to comply with such law or policy.
(e) The text herein shall constitute the entire Agreement between the
and shad only be amended by a writing executed by both @.
(f) If any provision hereof shall be deemed unlawfiil, invalid, ultra wires,
or otherwise unenforceable, the remainder of the Agreement Aa be deemed severable
and SW remain in full force and effect.
(g) This Agreement supersedes any other agreement between die parties.
6
IN WHEREOF, the City of Virginia @ has this
Agreement to be executed in its behalf by its niayor in accordance with an ordinance of
the City Council authorizing such execution, and Employee, James K. Sport, has executed
this Agreenient, both the day and year first above written.
CRFY OF VIRG@ BEACH
By
Mayor
Jams K. Spore
7
- 38 -
item V-Ml.
APPOINTMENTS ITEM # 41426
BY CONSENSUS, City Council RESCHEDULED:
COMMUA7TY SERP7CES BOARD
EROSION COMMISSION
HEALTH SERP7CES ADP7SORY BOARD
RESORT ARF,4 ADI,7SORY COMMISSION (R,4AC)
November 12, 1996
- 39 -
Ite,m V-P.
ADJOURNMEAT ITEM # 41427
MaYor MeYera E. Obemdorf DECL4RED the City Council Mee@g ADJOUPJVED at 3:12 P.M.
Beverly 0. 'Hooks, CMCIAAE
Chief Deputy City Clerk
---- --------------------------
Ruth HOdges -%it,% CMCIAAE Meyera E. Oberndorf
City Clerk Mayor
CitY of Virginia Beach
Virginia
November IZ 1996