MAY 25, 1999 MINUTESCity of Virginia Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF At Larg.~
I/ICE MAYOR WILLIAM D SESSOMS JR At Large
LINWOOD 0 BRANCH II! Dtstrttt 6 Beath
MARGARET L EURE Dtstrtct I Centervtlle
WILLIAM W HARRISON JR Dtstrtct 5 l ynnhaven
HAROLD HEISCHOBER At-Large
BARBARA M HENLEY Dtstrtct 7-Prmcess Anne
LOUIS R JONES Dtstrtct 4 Baystde
~'EBA S MtCLANAN Dtstrtct 3 Rme Itall
NANCY K PARKER At Large
A M (DON) WEEKS Dtstrtct 2 Kempsvdle
JAMES K SPORE Ctty Manager
I ESLIE L LILLEY Ctty Attorney
RUTH HODGES SMITH CMC/AAE Ct/y Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VIRGINIA 23456 9005
PIlONE (757) 427 4~0~
FAX (757) 426 5669
[:MAIL CTYCNCL~CITY VIRGINIA-BEACH VA U
May 25, 1999
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
2:00 PM
Ao
B,
Co
HISTORIC PRESERVATION STRATEGY [30 min.]
C. Mac Rawls, Director, Department of Museums
LASKIN ROAD CORRIDOR- Planning Study [30 min.]
Robert J. Scott, Director, Department of Planning
JUVENILE SECURE, NON-SECURE AND OUTREACH DETENTION SERVICES
Bruce Bright, Court Services
[15 min.]
II. REVIEW OF AGENDA ITEMS [15 min.]
III. CITY COUNCIL COMMENTS [15 min.]
IV. INFORMAL SESSION
- Conference Room -
4:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Fred Sanner
Bow Creek Presbyterian Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
May 11, 1999
G. AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and constdered
tn the or&nary course of bustness by Ctty Counctl to be enacted by one motion.
H. ORDINANCES
o
Ordinance to AMEND Sections 7-50 and 7-57 of the City Code re operation of mopeds and
bicycles on roadways and sidewalks, respectively. (Deferred May 11, 1999)
e
Ordinance to AMEND Sections 35-182, 35-186 and REPEAL Section 35-183 of the City
Code clarifying and limiting the tax on free admissions and providing exemptions for
events benefitting charities. (Deferred May 4, 1999)
,
Ordinance to APPROPRIATE $51,486 in donations and from the Parks and Recreation Girl
Catalog Fund to the FY 1998-1999 Operating Budget of the Parks and Recreation
Department re special events, recreation supplies, replacement equipment and other
activities, as designated by the donor; and, estimated revenue be increased accordingly.
e
Ordinance to ACCEPT and APPROPRIATE a $32,156 grant from the U. S. Department
of Housing and Urban Development to the FY 1998-1999 Operating Budget of the
Department of Housing and Neighborhood Preservation re the administrative support
activities of the Family Self Sufficiency Program; and, estimated revenue from the federal
government be increased accordingly.
.
Ordinance to TRANSFER $835,110 from the General Fund Reserve for Contingencies to
the FY 1998-1999 Operating Budget of the Virginia Beach Court Service Unit re Juvenile
Secure, Non-Secure and Outreach Detention Services. (Deferred May 11, 1999)
,
Ordinance to TRANSFER $120,000 from the Water and Sewer Enterprise Fund Reserve for
Contingencies to the FY 1998-1999 Operating Budget of the Department of Pubhc Utilities
re replacement of a sewer force main in the Carolanne/Sherluck sewer system.
7. REFUNDS:
a. License - $61,995.31
b. Tax - $ 4,914.52
I,
PUBLIC HEARING- PLANNING
PLANNING BY CONSENT - To be determined dunng the Agenda Review Session.
Ordinance in the petition of DeFORD LIMITED, a Virginia Corporation for the
discontinuance, closure and abandonment ora portion of Wishart Point Court beginning on
the Eastern boundary of Battle Royal Circle and running in an Easterly direction a distance
of 538.18 feet, contmmng 14,711 square feet (BAYSIDE DISTRICT).
Deferred for Compliance:
Deferred Additional 180 Days:
Deferred Ad&tional 180 Days:
January 27, 1998
July 14, 1998
January 12, 1999
Recommendation:
FINAL APPROVAL
,
Application of MAHMOND SHEHADEH - ROSEMONT SHELL INC.,fora
Conditional Use Permit for an automobile servme station (auto repmr) at the Northeast comer
of Rosemont Road and South Plaza Trail (300 South Rosemont Road), contaimng 31,851
square feet (ROSE HALL - DISTRICT 3)
Recommendation:
APPROVAL
.
Application of RAYMOND E. CHAPUT for a Conditional Use Permit for a commercial
recreational facility other than that of an outdoor nature on the East side of Ferry Plantation
Road, North of Honeygrove Road (1036 Ferry Plantation Road), containing 1.696 acres
(BAYSIDE- DISTRICT 4)
Recommendation:
APPROVAL
.
Application of TREE OF LIFE CHRISTIAN FELLOWSHIP for a Conditional Use
Permit for a church on the East s~de of Pnncess Anne Road, 574 feet North of Windsor Oak
Boulevard (4402 Princess Anne Road), conta~mng 1.995 acres (KEMPSVILLE - DISTRICT
2)
Recommendation:
APPROVAL
.
Application of FIRST CHURCH OF GOD OF VIRGINIA BEACH for a Conditional Use
Permit for a church (expansion) on the South side of Holland Road, East of South Plaza Trail
(4141 Holland Road), contmnmg 2.38 acres (ROSE HALL- DISTRICT 3)
Recommendation:
APPROVAL
.
Application of FRANCIS ASBURY METHODIST CHURCH for a Conditional Use
Permit for a church addition on the West side of North Great Neck Road, South of Adam
Keeling Road (1871 North Great Neck Road), containing 3.578 acres (LYNNHAVEN -
DISTRICT 5)
Recommendation:
APPROVAL
7,
Applications of ROBERT G. and DONNA S. BREWER 470 feet more or less North of
North Landing Road, 550 feet more or less East of George Mason Drive, containing 3.9 acres
(PRINCESS ANNE- DISTRICT 7)
Change of Zoning District Classification from AG-2 Agricultural District to
Conditional B-lA Limited Community Business District
b. Con&tional Use Permit for a self-storage facihty
Deferred:
Recommendations:
Staff.'
Planning Commission:
May 11, 1999
DENIAL
APPROVAL
.
.
Applications of GILLIAM GROUP ASSOCIATES on the North side of Virginia Beach
Boulevard beginning at a point 140 feet more or less East of Shipps Lane, containing 9.73
acres (BEACH - DISTRICT 6):
ao
Change of Zoning District Classification from B-2 Community Business District and
A-12 Apartment District to Conditional B-2 Community Business District
b. Conditional Use Permit for mini-warehouses
Recommendation:
APPROVAL
Applications of M and M DEVELOPMENT ASSOCIATES, L.L.C., for Change of
Zoning District Classifications (PRINCESS ANNE - DISTRICT 7):
ao
AG-1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional
O-1 Office District on the following 8 acres:
(1) Parcel 1:
West side of General Booth Boulevard beginning at a point
830 feet more or less South of Ferrell Parkway.
(2) Parcel 2:
West side of General Booth Boulevard beginning at a point
480 feet more or less North of Huckleberry Trail.
b,
AG-1 and AG-2 Agricultural Districts and R-20 Residential District to Conditional
A- 18 Apartment District on the Northwest side of General Booth Boulevard, 250 feet
more or less South of Ferrell Parkway, containing 14.76 acres.
10.
11.
Deferred:
Recommendation:
April 27, 1999
APPROVAL
Application of TURNER and ASSOCIATES REALTY, INC., for a Change of Zoning
Classification from AG-2 Agricultural District to Conditional B-2 Community Business
District on the South side of Sandbndge Road at 1ts intersection with Painters Lane,
containing 2.148 acres (PRINCESS ANNE- DISTRICT 7).
Deferred:
Recommendations:
Staff.'
Planning Commission:
April 27, 1999
DENIAL
APPROVAL
Application of BG CONSTRUCTION CORPORATION, a Virginia corporation, for a
Change of Zoning District Classification from AG-1 and AG-2 Agricultural Districts to
Conditional R-10 Residential District with Historic and Cultural District Overlay at the
12.
13.
Northeast comer of Holland and Pnncess Anne Roads, containing 14.83 acres (PRINCESS
ANNE- DISTRICT 7).
Deferred:
Recommendation:
May 11, 1999
APPROVAL
Application of PACE CONSTRUCTION & DEVELOPMENT CORP., for a Change of
Zoning District Classification from AG- 1 & AG-2 Agricultural Districts to Conditional R- 15
Residential District on the West side of Indian River Road beginning at a point 7640 feet
more or less South of Elbow Road, containing 41.9 acres (CENTERVILLE - DISTRICT 1).
Recommendation:
APPROVAL
Ordinance to AMEND Section 801 of the City Zoning Ordinance re hair care centers as
a conditional use in the O-1 and 0-2 Office Districts.
Recommendation: APPROVAL
J. APPOINTMENTS
CHESAPEAKE BAY ASAP POLICY BOARD
HEALTH SERVICES ADVISORY BOARD
SOCIAL SERVICES BOARD
TIDEWATER COMMUNITY COLLEGE BOARD
WETLANDS BOARD
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
05/20/99BAP
AGENDA\05-25-99
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
May 25, 1999
Mayor Meyera E Oberndorf called to order the CITY MANAGER'S BRIEFING re HISTORIC
PRESERVATION STRATEGY tn the Counctl Conference Room, Ctty Hall Butldtng, on May 25, 1999,
at 2 O0 P.M
Counctl Members Present
Margaret L Eure, Harold Hetschober, Barbara M. Henley, Louts R
Jones, Reba S. McClanan, Mayor Meyera E Oberndorf, Nancy K
Parker and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Absent
Ltnwood 0 Branch, III
Wtlltam W. Harrtson, Jr
[ENTERED 2 03 P M.]
[ENTERED 2 13PM]
A M "Don" Weeks [ENTERED 2 08 P.M]
-2-
CI T Y COUNCIL BRIEFING
HISTORIC PRESER VA TION STRATEGY
2:00 P.M.
ITEM # 45001
C Mac Raw& Dtrector- Department of Museums, advtsed two surveys conducted tn the early 1990's, tn
ad&tton to informatton previously collected by the Vtrgtma Department of Htstortc Resources, have resulted
m the tdent~ficatton of over six hundred significant resources in the City The majority of these resources
are tn private hands The Vtrgtma Beach area ongtnally developed wtthout a large central settlement of
htstortc bud&ngs, resulttng tn a scattered &strtbutton Thts arrangement has made tt tmposstble topreserve
a largepercentage of the ctty's htstortcalfeatures through the use of historic district designations Htstortc
preservation has resulted tn economtc opportumty and growth tn many Vtrgtma commumttes and ts hkely
to have an especially postttve impact on tourtsm, housing quahty and commumty tdenttty Honorary and
financtal incenttves have been successfully utdtzed tn many commumttes to encourage htstortcal property
owners to restore and preserve these trreplaceable assets Three groups were tnvolved tn historical
preservation: (1) Team appotnted as a result of the strategtc planmng efforts of the Budget Caucus, (2)
Citizen Group (Preservatton Partnershtp) ; and, (3) PMA - Planners and Archttects to research this issue and
develop a strong program of tncenttves for preservtng htstortc bud&ngs tn Vtrgima Beach Mr Rawls
tntroduced the Principals of PMA, Inc A Jack Stodghdl, AICP and T Jeff Stodghill, AIA
Mr Jack Stodghill advised the primary objective of thts study ts to prepare a Preservatton Incenttve
Program for the Ctty of Vtrgtnta Beach, whtch can be tmplemented through a network of financtal systems.
The program would be butlt prtmartly on tax reducttons that can be made avatlable through a combtnatton
of federal, state and local laws and other resources avatlable to the City Its major focus entatls
approxtmately 650 buildings that were tdenttfied by prior state surveys as" htstortcally stgntficant"
Through the utthzatton of sltdes, Mr. Stodghtll presented information concerntng the Study Of the 650
sttes, a random mail survey of 200 was conducted 65 responses were received and evaluated At the end
of theproject, two focus groups were conducted Mr Stodghtll chsplayed a map deptcttng the htstortcal sttes
tn Vtrgtnta Beach. There was a cluster around the old beachfront and many sites tn the southern portion of
the Ctty Tools available for Historic Preservation were examined:
The Federal lncome Tax Credit The Federal government 's role tn preservatton tncenttves
was tntttated by the Tax Reform Act of 1976. That program was further expanded by the
Economic Recovery Act of 19 71 and the Tax Reform Act of 1986. The laterprovtston, as
expressed tn Treasury Regulation Section 1 48-12, permits a tax credtt for rehabtlitatton of
certatn htstortc butldtngs. The credit ts 20 percent of qualtfied rehabthtatton cost of a
"certified historic structure" or a historically-significant building located tn a regtstered
htstortc chstrtct provtded the end use of the butldtng ts for tncome-productng commerctal,
tndustrtal, agricultural or rental-restdenttal purposes A 10 percent tax credit ts allowed
for the rehabihtatton of"non-historic buildings "constructed before 1936 when the end use
ts for non-restdenttal purposes The 20percent credit applies only to butldtngs that are on
the National Register and those rehabthtated to standards estabhshed by the Secretary of
the Interior The lOpercent credit apphes to butldtngs that were more than 50years old
at the ttme of the 1986 legislation, that ts, butldtngs constructed before 1936
Virginia Income Tax Credit Section 58.1-339.2 of the Vtrgtnta Code provides for a
rehabilitation tax credit that allows for any tndtvtdual, trust, estate or corporatton
tncurrtng ehgtble expenses tn the rehabthtatton of a certtfied historic structure to be
entitled to a credit agatnst certatn state taxes including tncome, corporate, trusts or estates.
Thts law became effective after January 1, 1997, and provtdes a tax credit whtch grew from
lO percent in 1997 and reaches 25percent in 2000. The credit can be used to offset tax
habthty for the year tn which the tax credit was earned and may be carried over unttl the
full credtt us used, not to exceed five years To earn thts tax credit, an apphcant, must
rehabtlitate a "certified historic structure" that. (1) ts listed on the Virginia Landmarks
Register (VLR) or meet the criteria for listing on the VLR: (2) is certified by the VDHR
as contributing to the historic significance of a historic district that is listed in the
VLR;(3) meets the Secretary of Interior's Standards; and (4) involves a capital cost of not
less than 'half the assessed value of the building the year before the building is
rehabilitated Because of tts recent ortgtn and posstbly because the maxtmum benefit does
not occur until after 2000, no examples of use of the program were found as of the date of
this report.
May 25, 1999
-3-
CI T Y COUNCIL B R IE FIN G
HISTORIC PRESER VA TION STRATEGY
ITEM # 45001 (Continued)
Local Property Tax Credits and Exemptions Thts legislatton authorizes local governments
tn Vtrgtnta to provide a partial exemption to real estate tax on improvements made to
eligible historic properties The exempttons may apply to etther the tax value added to a
butldtng as a result of a rehabtlttatton or up to 50percent of the rehabtlttatton cost
*Partial exemption for residential rehabilitation (Va Code Section 58.8- 3220)
Tax credit for residential rehabilitation for buildings with tax liens (Section 58.1-
322o. oD
Partial exemption for rehabilitation of hotel or motel for residential use (Section 58.1- 3220.1)
Partial exemption for rehabilitation commercial or industrial structures (Section 58.1-
3221)
*All requtre local legtslatton Vtrginta Beach has adopted local legtslatton relative restdenttal rehabilitation
Case htstortes of several Vtrgtnta ctttes and other states were examtned relative tncenttve programs for
htstortc places. The majortty of the ctttes permtt restdenttal exemptions, 66% set the mtntmum age at 25
years with the number of years of exemptton ranging from 5 to 15years Otherprograms were uttltzed t e
revolving loans, archttectural design assistance The dominant tool throughout seemed to be the waiver of
property tax The broad program concept recommended for Vtrgtnia Beach ts to create a "gateway"
program that enables owners of htstortcally stgntficant properties to parttctpate voluntarily in a full range
of financtal tncenttves The program ts built around the followtng program concepts
Establish a Virginia Beach Historic Register
Extend the number of years the partial tax exemption applies.
Reduce the minimum age of buildings eligible for the partial tax
exemption
Extend the tax exemption to other categories of buildings included tn the
state law
Accelerate the application of partial tax exemptions.
Allow the use of the "cost method" as an optton for determtmng the
allowable tax exemption for rehabthtation of quahfied butldtngs.
Establish a community partnership for historic preservation
Provide design assistance to owners who parttctpate tn the htstoric
preservation program
Provide a low-interest loan program to be made avatlable to owners who
rehabtlttate qualtfied properttes
Mr Rawls referenced the Webhn House, the oldest house tn Virgtnta Beach and one of the oldest brick
houses tn the United States. Very few people have seen the house or know anythtng about tt Mr. Rawls
belteves the current owner would welcome this house being placed on a tour Mr Rawls recogntzed the
HISTORIC PRESER VA TION AD VISOR Y TEAM
C. Mac Rawls
Chairman
Jerald D. Banagan
Real Estate Assessor
Louis Cullipher
Agriculture
Thomas C. Pauls
Planning
Sharon K. Prescott
Housing and Neighborhood Preservation
Mark A. Reed
Museums and Cultural Arts
John D. Stewart
Public Libraries
May 25, 1999
-4-
CI T Y COUNCIL B R IE FIN G
HISTORIC PRESER VA TION STRATEGY
ITEM # 45001 (Continued)
Mr. Rawls also recogmzed the members of the Virginia Beach Historic Preservation Partnership, whtch
ts a partnership of the Tidewater Assoctatton of Realtors, Prtncess Anne/Vtrgtnta Beach Htstortcal Soctety
and the City of Vtrgtnta Beach' Glenda Knowles -Prestdent of the Historical Soctety, Stdney Vaughn -Vtce
Prestdent of the Htstortcal Soctety, Darlene Kwtatkowskt -Publtc Relattons Director, Ttdewater Assoctatton
of Realtors, 0 B. Ferrebee - Realtor and Joan Wrtght- Chatrman, Historical Review Board Mr Rawls
extended apprectatton to Counctl Laches Henley and Eure
Ordtnances wtll be SCHEDULED for a July City Counctl Sesston relattve establtshment of a Virginia
Beach Historic Register and increased tax incentive
May 25, 1999
-5-
CI T Y COUNCIL B R IE FIN G
LASKIN ROAD CORRIDOR
2:35 P.M.
ITEM # 45002
Robert J Scott, Dtrector of Planmng, tntroduced Tom Pauls. Coordinator - Comprehensive Planmng
Department, who advtsed when the Comprehenstve Plan was adopted tn 1997, there was an actton plan
component attached to same One of the thtngs identified by City Council as being an tntegral part of the
Comprehenstve Plan ts to do somethtng with the pohctes tdenttfied wtthtn the Plan The Quality Physical
Environment Strategic Team, through Ctty Counctl's approval, proceeded wtth a beauttficatton study of
certatn corrtdors throughout the Ctty, one of whtch ts the Laskin Road Corridor The Corrtdor ts
approximately 1-1/2 mtles commenctng at First Colonial Road and headtng eastbound to Btrdneck Road
There ts a VDOT Project currently underway Some of the tssues tnvolved wtll be creattng a study whtch
tncorporates enough detatl so engineers wtll be aware of what the Ctty wtshes butlt, but not so detailed as
tt becomes a preliminary or final design The results of this study will hopefully bridge the gap between
concept and engineering Some of the focal points wtll entatl gateway treatments, access, bridge
improvements, lighting and landscaping Capital Improvement and matntenance costs esttmates will also
be examtned Mr. Pauls referenced a Public Workshop on March 16, 1999, and an Open House on May
18, 1999. There has been very good turnout wtth the senttments betng mostpostttve The City ts hoptng the
culmtnatton of the study will become a recommendatton of the Comprehenstve Plan by reference, as opposed
to betng a change to the body of the document ttself A Communtty Workshop on the recommended plan is
scheduled for June 29, 1999, at the W T Cooke Elementary School
Mrs Elisabeth Lardner- Lardner /Kletn Landscape Firm, advtsed her firm consists of landscape architects
and urban destgners tn Alexandrta, Virginia, who are worktng wtth a firm from Rtchmond who prepares
envtronmental planntng and traffic engtneertng documentation The Ctty has requested her firm examtne
a number oftssues. The Laskin Road Corridor ts the entrance to the Resort Area, whtch greets vtsttors as
well as an estabhshed netghborhood both restdenttal and commerctal Thts ts also an opportuntty to
enhance a VDOT Plan Her.firm ts tnterested tn coordtnattng wtth both the pubhc and prtvate sector and
attempttng to work wtthtn the right-of-way, but there may be thtngs whtch people mtght want do accomphsh
on prtvate property, as well The tssues entatl safety, multtple curb cuts (whtch repeat themselves along
the Corridor, some of whtch mtght be consolidated when the road becomes 6 and 8 lanes), matntatntng and
enhancement of attractive netghborhoods, connecttons across Laskm Road, retnforcement ora postttve
tmage for Lasktn Road and enhancement of water vtews Two alternattve plans were presented on May 18,
1999. These alternatives are now in the process of being combined for a recommended plan
Concept Plan - Alternative A
Thts concept plan takes a more moderate approach to change within the corridor's right-
of-way and on adjacent parcels. Overhead utthttes remain on both side s and wtH mandate
smaller trees. Hold to VDOT/i/trgtnta Beach cross-sectton - curb~3' grass or
groundcover?5' sidewalk on south side - curb~3' grass or ground cover~10'path on north
stde Relative access management (driveway closures), there will be moderate closures,
generally wtthtn stngle parcel ownershtp Pedestrtan crosswalks across Lasktn Road
located only at traffic stgnahzed tntersecttons
Concept Plan - Alternative B
Thts concept plan takes a more aggressive approach to change within the corridor's right-
of-way and on adjacent parcels This Concept, hke Concept A, ts based on the proposed
I/DOT plan for removtng servtce roads and addtng travel and turn lanes AdJust
I/DOT/I/trginta Beach cross-section -pull stdewalk away from curb (mtntmum &stance
form curb 8'- and, wherever posstble, greater) to edge of right-of-way to allow for tree
plantng between sidewalk and curb. Planted mechans, and where to narrow, pave wtth
concrete umt pavers Pedestrian hghts throughout the corridor, 75feet on center, located
behind (away from the road) the sidewalk and path. Roadside hghttng - fiat lens fixture
mounted on pole Remove utthty lines to back edge of rtght-of-way or place underground
May 25, 1999
-6-
CI T Y COUNCIL B R IE FIN G
LASKIN ROAD CORRIDOR
ITEM # 45002 (Continued)
Relattve Intersection Enhancements, three tntersecttons wtthtn the corrtdor were studied tn more detail
The First Colonial and Laskin Road intersection, as currently drawn by I/DOT, wtll provtde httle or no
public rtght-of-wayfor landscape tmprovements The extsttng and addtttonal rtght-of-way at this tntersectton
wtll be used to provtde turn and travel lanes with a stdewalk on the south stde of Lasktn and a path on the
north side of Lasktn Road If any landscape tmprovements are made here, tt wtll require the cooperatton of
I/DOT and the Ctty, the property owner and the business operator
The intersection of Winwood, Cheval and Laskin presents a different challenge Although right-of-way ts
avatlable for landscape improvements, sight ltnes- safety standards whtch ensure that the drtver entertng
Lasktn Road can see oncomtng traffic - will prohtbtt most of the tntersection from being planted wtth
anythtng over two feet tn hetght The medians are stmtlarly restrtcted and are also very narrow
The tntersectton of Birdneck and Laskin Roads provides plenty of existing rtght-of-way for tmprovements
and because both Birdneck and the Cardinal Road tntersectton have traffic stgnals, stght ltnes do not
greatly tmpact the planttng concept
Concerning access management, how driveways are placed wtll greatly affect the appearance and ease of
use tn the Laskin Road Corridor Planners refer to many drtves, one after another as frtctton, or confltct
points. Reductng confitctpotnts makes the corrtdor's drtve moreprechctable and thus often safer Reductng
the number of drives also reduces the number of stght hnes, and, therefore, creates more opportuntttes for
planting and ltghttng tmprovements Shared drtveways, whtle requtrtng easements and cooperation from
adjacent property owners, may also provtde a larger number of parktngplaces, better ctrculatton and ease
of access for customers. Three sttes wtthtn the Corridor were examtned more closely as Case Studies to see
just what tt would take to reduce driveways and what benefits mtght come from such efforts
The bridge over Linkhorn Bay provides a great opportuntty for ctttzens to work wtth I/DOT and the Ctty
tn enhanctng an element wtthtn the corrtdor Relative Bridge Enhancement, a new brtdge ratltng, perhaps
wtth a pattern reflecttng waves and motton, capped with a ratl and ornamental light fixtures, will create a
gateway and market for the netghborhood and for vtsttors to I/trgtnta Beach
The landscaping will hold this Corrtdor together. The idea is not to create a wall of greenery t.e. 1-64, but
to frame vtews ofbustnesses Theplanting design tn each conceptptcks upon the notton of waves and motton
and matntatns vtews of the signs and businesses along the corrtdor. Realtsttc capttal and maintenance cost
esttmates will be prepared tn order to elevate the attracttveness of Laskln Road as a place to do bustness,
to ltve, to work, to travel and to greet vtsttors to I/trgtnta Beach
Mr Pauls advised the drainage and right-of-way acquisition concerns wtll be addressed wtth the I/DOT
Locatton Destgn Pubhc Heartng later thts year
Mr John Herzke, Ctty Engtneer, advtsed VDOT ts at approxtmately 55% destgn state and have determined
the 8-lane sectton ts needed bastcally up through the Htlltop Shopping Center area and from there eastward
tt transtttons from the 8-lanes to the 6-lanes This ts based on the demands of the traffic counts for that
section of Lasktn Road For thts highly commerctaltzed area, the Ctty staff belteves the recommendation of
VDOT should be followed at the present time to matntatn the tntegrtty of transportation tn that area Mr
Herzke advised the strip of land, whtch runs along the northstde of Lasktn Road adjacent to the servtce road,
ts prtmartly undeveloped and at the present ttme ts platted as stngle famtly lots In chscusstons wtth VDOT
and staff tn planntng, the Ctty does not belteve thts ts a good use and does not anttctpate someone would
want to build stngle-famtly lots One potenttal would be the property be acqutred stmtlar to Independence
Boulevard It is heavily wooded and creates the natural buffer and aesthettc treatment These lots are
approxtmately 150 feet deep, heavily wooded and would provtde the type of buffer destred for the
neighborhood. Mr. Herzke shall provide information relattve the amount of land mass zoned "Bustness" and
traffic comtng through thts intersection at the corner of Independence Boulevard and Virgtnta Beach
Boulevard versus the tntersectton at Ftrst Colontal and Lasktn Road The swales wtll be enclosed between
the servtce road The matn hne and current dratnage situatton tn front of Ltnher wtll be addressed
May 25, 1999
-7-
CI T YMANAGER'S B R IE FIN G
JUVENILE SECURE, NON-SECURE AND 0 UTREA CH DE TENTION SER VICES
ITEM # 45003
3:07P. M.
Relattve the Ordtnance to TRANSFER $835, l l0 from the General Fund Reserve for Conttngencies to the
FY 1998-1999 Operattng Budget of the Vtrgtnta Beach Court Servtce Untt re Juvenile Secure, Non-Secure
and Outreach Detention Services. (Deferred May 11, 1999), Bruce E Brtght, Dtrector- Court Service Untt,
referenced tnformatton forwarded to Ctty Council concernmg the composttton of the detentton population,
t e types of offenses charged to Vtrgtnta Beachjuventles, and the reasons detentton usage was increastng.
Judges Woodrow Lewts and Patrtcta West were tn attendance to respond to Ctty Counctl tnqutrtes. The
Ttdewater Detention Home ts extremely over capactty wtth 180 children in detention It was built for 100
82 incarcerated are from Virginia Beach. The "Snapshot of Virginia Beach Juveniles in Tidewater
Detention Home on May 10, 1999", which ts hereby made a part of the record, tndicated there were 79
chtldren tn detentton from Vtrgtnta Beach Thts day was typtcal wtth the exceptton of the bomb threats.
Normally, there are not four individuals on detentton for bomb threats. These chtldren have stnce been
released on outreach detention.
Judge West addressed the mental health issue Many of the chtldren incarcerated do have mental health
tssues and she has been frustrated tn many respects to have them placed tn mental health factltttes It ts not
her practtce to hold someone tn detentton because they have a mental health problem This mental health
problem ts presenttng itself in the form ora crimmal problem While mental health services may be helpful,
Judge West does not belteve addtttonal mental health servtces are gotng to considerably reduce thejuventle
populatton tn detentton The State Department of Juventle Detentton ts commttted to holding the children
for at least six months.
Judge Lewts advised the courts have no control who comes to them The Judges are only treattng what is
brought to them There ts a tendency to treat pubhc safety, preventton and deference wtth ltp servtce If
servtces are destred, resources must be provtded. Judge Lewts advtsed a concerted effort is made every ttme
there is an unknown tn a petttton, steps are taken to tdenttfy same, as every parent needs to be responstble
Even if one parent does not have custody of the chtld, they have obhgations to support same as opposed to
maktng the chtld a ward of the state The key ts chverston to stop the chtldren early from getttng to detentton
tn the.first place
Judge West took great issue regardtng the locktng up of inapproprtate children For certatn services, as
group homes, tn-home services parents are ordered to pay support on a shchng scale A screentng and
tncome assessment tsperformed Famtltes cannot just "dump "thetrproblem off on someone else Mr Brtght
advtsed at the present time the Code does not allow the parents to pay for detentton and this does need to
be changed. Judge West advised she ts on the Community Criminal Justice Board and has avatlable grant
funds, the Juvenile ~4ccountability Incentive Block Grant Program There are several localtttes who are
performtng a very good job wtth that type of continuum from infancy Jacksonvtlle and Boston are the two
examples Judge West is hopeful to have representattves from the Police Department and Court Service Unit.
The support of the City Counctl ts necessary.
Mr. Bright advised the Health Department is performing a program, under grant, which tdentifies tnfants
whtch may be at rtsk and correcting such things as helptng chtldren bond wtth parents. They have worked
wtth children who have never bonded wtth anyone and have no attachments or feelings.
The City Manager advised the item referenced by Judge West ts scheduled for the City Council Session of
June 1, 1999. Resolutton requesttng Congress to approve legtslatton for addtttonal appropriations for the
Juvenile Accountability Grant Program and to require states to distribute 75 % of the funds received from
thts program to local governments The Ctty Counctl has been examtntng ways to be more effecttve for the
last four or.five years wtth the emphasts on strengthentngfamtltes and youth opportuntttes
May 25, 1999
-8-
AGENDA RE VIE W SESSION
3:36 P.M.
ITEM # 45004
H2
Ordtnance to AMEND Secttons 35-182, 35-186 and REPEAL Sectton 35-
183 of the Ctty Code clartfytng and limiting the tax on free admissions
and providing exemptions for events benefitting charities. (Deferred May
4, 1999
The City Attorney requested this ttem be DEFERRED INDEFINITELY
ITEM # 45005
H. 7 REFUNDS:
a License- $61,995.31
b Tax - $ 4,914. 75
Councd Lady Eure referenced correspondence from the City Treasurer relattve the delay tn ctttzens
recetvtng refunds and suggestmg the process of bemg approved by City Councd be deleted The majortty
of Ctty Councd preferred these ttems contmued to be scheduled for City Councd agendas.
ITEM # 45006
BY CONSENSUS, the followtng ttems shall compose the CONSENT AGENDA
ORDINANCES
HI.
Ordtnance to AMEND Secttons 7-50 and 7-57 of the Ctty Code re
operatton of mopeds and bicycles on roadways and stdewalks, respecttvely
(Deferred May 11, 1999)
H2.
Or&nance to AMEND Sections 35-182, 35-186 and REPEAL Section 35-
183 of the Ctty Code clar~fymg and limiting the tax on free admissions
and providing exemptions for events benefitttng charities. (Deferred May
4, 1999)
H3
Ordinance to APPROPRIATE $51,486 tn donations and from the Parks
and Recreatton Gtft Catalog Fund to the FY 1998-1999 Operatmg Budget
of the Parks and Recreation Department re special events, recreation
supplies, replacement equipment and other acttvtttes, as destgnated by the
donor, and, esttmated revenue be mcreased accordtngly
H4
Or&nance to ACCEPT and APPROPRIATE a $32,156 grant from the U
S Department of Housmg and Urban Development (HUD) to the FY1998-
1999 Operating Budget of the Department of Houstng and Netghborhood
Preservation re the administrative support activities of the Family Self
Sufficiency Program, and, esttmated revenue from the federal government
be tncreased accordingly
H5
Ordtnance to TRANSFER $835,1 l O from the General Fund Reserve for
Conttngenctes to the FY 1998-1999 Operattng Budget of the Vtrgtnta
Beach Court Servtce Umt re Juvenile Secure, Non-Secure and Outreach
Detention Services. (Deferred May 11, 1999)
H6
Ordinance to TRANSFER $120, O00 from the Water and Sewer Enterprtse
Fund Reserve for Conttngenctes to the FY 1998-1999 Operating Budget of
the Department of Pubhc Utdtttes re replacement of a sewer force main tn
the Carolanne?Sherluck sewer system
May 25, 1999
-9-
AGENDA RE VIE W SESSION
ITEM # 45006 (Continued)
H 7 REFUNDS
a Ltcense- $61,995.31
b Tax - $ 4,914. 75
Item H 2 shall be DEFERRED INDEFINITEL Y, B Y CONSENT.
May 25, 1999
- 10-
A GEND~4 RE VIE W SESSION
ITEM # 45007
Apphcatton of MAHMOND SHEHADEH- ROSEMONT SHELL INC.,
for a Conchttonal Use Permtt for an automobtle servtce statton (auto
repair) at the Northeast corner of Rosemont Road and South Plaza Trail
(300 South Rosemont Road), contatntng 31,851 square feet (ROSE HALL -
DISTRICT 3)
Counctl Lady McClanan referenced addtttonal condittons to whtch the apphcant has agreed.
The new sign shall be monument style with landscaping
There will be no truck rental on the site
Eevergreen landscaping shall be year round.
ITEM # 45008
13
Apphcatton ofRA YMOND E. CHAPUTfor a Conchttonal Use Permtt
for a commerctal recreattonal_facth_ty other than that of an outdoor
nature on the East side of Ferry Plantatton Road, North of
Honeygrove Road (1036 Ferry Plantation Road), contatntng 1 696
acres (BA YSIDE- DISTRICT 4)
Counctl Lady Eure referenced examples of the wall graphics on exterior walls are to be submttted to the
Planning Dtrector; however, this condttton did not hmtt the stze or type Council Lady Eure wanted to be
sure Ctty Council was comfortable wtth same
ITEM # 45009
12
Apphcatton of PA CE CONSTRUCTION& DEVELOPMENT CORP., for
a Change o_f Zoning Dtstrtct Classtficatton from AG-1 and AG-2
Agrtcultural Dtstrtcts to Condtttonal R-15 Restdenttal District on the West
side of Indian River Road begtnntng at a point 7640feet more or less South
ow Road, contatmng 41.9 acres ~ ............. - ......... ~,
(PRINCES S ANNE - DISTRICT 7)
Councd Lady Henley advtsed thts apphcatton ts tn the Prtncess Anne Dtstrtct, not Centervdle. Councd Lady
Henley wtshed to see the plan and requested the apphcants make a brtef presentatton She ts not aware of
any opposttton Counctl Lady Henley referenced the apphcant mdtcated they may or may not de&cate some
property to the City or they may convey tt to the Homeowners Association The Ctty Manager advised tt was
the dectston of Parks and Recreations to acqutre thts property as tt was part of the overall Wetlands system
Thts ts the major back parcel
Councd Lady Henley referenced the upland recreational area approximately 1 2 acres between lots 34, 35
and lots 42, 43 This area will be dedicated to the City or conveyed to the City of Virgtnta Beach. Counctl
Lady Henley beheved the City would need to be prepared to accept thts other parcel, as well
Council Lady Parker expressed concern that the four-way stop sign at Indian River and Elbow Road ts
tricky If addtttonal residents are to be added, the Ctty needs to be prepared for this roadway project tn the
upcomtng CIP Thts whole area ts bastcally R-15 and majority of thatproperty ts vacant at thepresent ttme
May 25, 1999
-11-
AGENDA RE VIE tF SESSION
ITEM it 45010
BY CONSENSUS, the followtng ttems shah compose the PLANNING BY CONSENT AGENDA
L1.
Ordinance tn the petttton of DeFORD LIMITED, a Virginia Corporatton
for the dtscontinuance, closure and abandonment ora portion of Wishart
Point Court begtnmng on the Eastern boundary of Battle Royal Circle and
running tn an Easterly chrectton a distance of 538 18 feet, contatntng
14, 711 square feet (BA YSIDE DISTRICT)
12
Apphcatton of MAHMOND SHEHADEH- ROSEMONT SHELL INC.,
for a Condtttonal Use Permtt for an automobtle service statton (auto
repatr) at the Northeast corner of Rosemont Road and South Plaza Tratl
(300 South Rosemont Road), containing 31,851 square feet (ROSE HALL -
DISTRICT 3)
1.3
Apphcation of RA YMOND E. CHAPUTfor a Conchtional Use Permtt for
a commerctal recreational_facth_ty other than that of an outdoor nature on
the East stde of Ferry Plantation Road, North of Honeygrove Road (1036
Ferry Plantatton Road), containing 1 696 acres (BA YSIDE- DISTRICT4)
14.
Apphcatton of TREE OF LIFE CHRISTIAN FELLOWSHIP for a
Conchttonal Use Permtt for a church on the East side of Princess Anne
Road, 574 feet North of Windsor Oak Boulevard (4402 Prtncess Anne
Road), contatning 1.995 acres (KEMPSVILLE - DISTRICT 2)
15.
Apphcation of FIRST CHURCH OF GOD OF VIRGINIA BEACH for a
Conditional Use Permit for a church (expansion) on the South stde of
Holland Road, East of South Plaza Trail (4141 Holland Road), contatntng
2 38 acres (ROSE HALL - DISTRICT 3)
16
Applicatton of FRANCIS ASBURY METHODIST CHURCH for a
Conchttonal Use Permit for a church additton on the West stde of North
Great Neck Road, South of Adam Keehng Road (1871 North Great Neck
Road), contatntng 3 578 acres (L YNNHA VEN- DISTRICT 5)
18.
Apphcations of GILLIAM GROUP ASSOCIATES on the North stde of
Vtrginia Beach Boulevard beginmng at a potnt 140feet more or less East
of Shtpps Lane, contatmng 9 73 acres (BEACH- DISTRICT 6)
Change of Zontng Dtstrtct Classtfication from B-2 Communtty
Bustness Dtstrtct and A-12 Apartment Dtstrtct to Condtttonal B-2
Communtty Business District
b Conchttonal Use Permit for mtnt-warehouses
L13
Ordinance to AMEND Sectton 801 of the Ctty Zomng Ordinance re hair
care centers as a conchttonal use tn the 0-1 and 0-2 Office Dtstrtcts
Item I 1 wtll be AUTHORIZED FOR FINAL APPROVAL, BY CONSENT.
Item 1 2 will be APPROVED, BY CONSENT, with additional conditions
May 25, 1999
- 12-
CITY COUNCIL COMENTS
3:45 P.M.
ITEM # 45011
Vice Mayor Sessoms referenced the last meettng of the Ttdewater Transportatton Dtstrict Commtsston
attended by he and Counctlman Weeks TTDC wtll be forwarding an amendment to Ctty Council advtstng
tf there were to be a tax increase or a Referendum approved by the voters, before the tax tncrease became
effecttve, tt would requtre 100% approval from all cities involved Thts wtll be SCHEDULED for the Ctty
Counctl Sesston of June 1, 1999
Resolutton re Defimttve Agreement re proposed merger of the TIDEWATER
TRANSPORTATION DISTRICT COMMISSION (TTDC) and the PENINSULA
TRANSPOR TA TIONDISTRICT COMMISSION (PENTRAN) wtth the amendment to the
cost parttctpation agreement approved by the Ctty of Chesapeake and wtth the change of
name of the new commtssion
Counctlman Branch requested chscusston re hght trail Vtce Mayor Sessoms advtsed TRT was informed
unless Ctty Counctl provtdes dt. fferent chrectton, he and Counctlman Weeks would be supporttve of a
Referendum Chesapeake has spoken relattve the posstbtltty of havtng a Referendum as early as November.
Councdman Hetschober referenced the posstbdity that the General Assembly would create an authority
whtch would have fund ratstngpotenttal Would this overcome the enabling legislatton whtch requtres 100%
approval from all cittes? The Ctty Attorney advtsed the General Assembly has the ulttmate say relattve
taxing tssues and could override the Cost Participation Agreement The purpose for the Ctttes ' agreement
is so the area ctties, whtch form a part of the Transportation Distrtct Commission are all tn agreement
relattve tax increases and allocations If the General Assembly wtshed to create a new body, or tmpose the
tax themselves, that is their prerogattve
ITEM # 45012
Counctl Lady Parker requested an update relattve the Stumpy Lake issue concerning changes tn law Many
ctttzens are concerned What role, if any, does the Ctty of Vtrgtnta Beach play tn thts process ? There have
been changes that have occurred on the Federal level relative non-tidal Wetlands.
Councd Lady McClanan recetved several concerns from ctttzens The Ctty Manager advtsed the Ctty has
not been informed relattve the land There have been changes in Federal Law relattve the wetlands statutes
The Ctty ts not doing anythtng to lower the level of the lake The Ctty Manager has heard this ts part of the
proposal to create a more developable ptece of property tn thts victntty. 600 acres are tn Virgtnta Beach wtth
400 tn Chesapeake. The Ctty Manager wtll tnqutre of Norfolk and the Federal Government relative the
reductton tn the stze of the lake and granttng of the permits and when granted
Asststant Ctty Attorney Wilham Macah advised relative the Wetlands rule changes Thts was not a change
in the statute, tt was a Court deciston, which bastcally says that incidental fallback when a wetland area ts
dredged ts not somethtng whtch triggers the statute that requires permits. Thts ts qutte a change tn the law
and just applies in this circuit Thts ts a btg "loop hole".
ITEM # 45013
Councd Lady Parker referenced the arttcle on televtson concermng vandalism in the Bayside area to auto
wtndshtelds. The comment was made by one of the store owners that City Counctl ts pulltngpoltce out of the
back areas of Vtrgtnta Beach and placing them at the Beachfront Council Lady Parker requested
clarification.
The Ctty Manager wtll provtde a response to the news. The City decided to leave the pohce personnel in the
schools unttl the end of the school year
Counctl Lady Henley referenced a call from a reporter relattve more pohce officers being on Atlanttc and
Pact. ftc Avenues than in the enttre First Prectnct
May 25, 1999
- 13-
ITEM # 45014
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Cay Hall Budding, on Tuesday, May 4, 1999, at 3'54
PM
Councd Members Present.
Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W. Harrtson, Jr,
Harold Heischober, Barbara M Henley, Reba S McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor Wdliam D
Sessoms, Jr and ,4. M. "Don" Weeks
Council Members ,4bsent'
Louts R Jones
May 25, 1999
- 14-
ITEM # 45015
Mayor Meyera E Oberndorf, entertatned a motion to permtt City Counctl to conduct tts EXECUTIVE
SESSION, pursuant to Sectton 2 1-344, Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston or constderatton of or intervtews of
prospective can&dates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, &sctphntng, or restgnatton
of specific pubhc officers, appotntees, or employees pursuant to Sectton
2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Chesapeake Bay ASAP Policy Board
Wetlands Board
LEGAL MA TTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertammg to actual or probable
litigation, or other specific legal matters requesting the provtston of legal
advtce by counsel pursuant to Sectton 2.1-344(A)(7).
Contractual Issues Sportsplex
Contractual Issues Ferrell Parkway - Phase VI
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
con&tton, acqutsttton, or use of real propertyforpubhcpurpose, or of the
&spositton of pubhcly-held property, or of plans for the future of an
tnstttutton whtch could affect the value of property owned or destrable for
ownership by such tnstttutton pursuant to Section 2 1-344(A)(3)
To-Wit'
Acqutsttion- Ferrell Parkway - Phase VI
Acqutsition- Prtncess Anne Dtstrtct
Upon motion by Vtce Mayor Sessoms, seconded by Councdman Hetschober, City Counctl voted to proceed
tnto EXECUTIVE SESSION.
Voting 10-0
Counctl Members Vottng Aye.
Ltnwood O. Branch, III, Margaret L Eure, Wtlham W. Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Reba S. McClanan, Mayor Meyera E
Oberndor~, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and A M
"Don" Weeks
Council Members Vottng Nay
None
Counctl Members Absent
Louts R Jones
May 25, 1999
- 15-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
May 25, 1999
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Councd Chamber, Ctty Hall Butldmg, on Tuesday, May 25, 1999, at 6 O0 P.M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrtson, Jr, Harold
Heischober, Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, Jr
and A. M "Don" Weeks
Council Members Absent
None
INVOCATION:
Reverend Fred Sanner
Bow Creek Presbytertan Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, dtsclosed there were no matters on the
agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tn&vtdually or tn hts capactty as
an officer of Wachovia Bank with the exceptton of K. 7 (ROBERT G AND DONNA S BREWER) and
K 10 (TURNER AND ASSOCIATES) for which he will ABSTAIN The Vice Mayor regularly makes thts
Dtsclosure as he may not know of the Bank's interest tn any application that may come before Ctty Counctl.
Vtce Mayor Sessoms' letter of January 4, 1999, ts hereby made apart of the record
May 25, 1999
~em ~E
-16-
CER TIFICA TION OF
EXECUTIVE SESSION
ITEM # 45016
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Heischober, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bus~ness matters lawfully exempted from Open Meeting
reqmrements by Vtrgtma law were &scussed tn Executive Sesston to which
this certtficat~on resolution apphes,
AND,
Only such pubhc bus~ness matters as were tdenttfied tn the motion
convemng the Executtve Sesston were heard, discussed or considered by
Vtrginia Beach Ctty Councd
Voting 10-0
Council Members Vottng Aye.
Margaret L. Eure, Wtlham W. Harrison, Jr., Harold Hetschober, Barbara
M. Henley, Louts R. Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A
M "Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III
May 25, 1999
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The V~rginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM it 45015, Page 14, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
goveming body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law 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.
.~h Ho'dgesd~mith'~CMC/AAE
City Clerk
May 25, 1999
Item V-F 1.
-17-
MINUTES
ITEM # 45017
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Eure, Cay Councd APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of May 11, 1999.
Vottng 10-0
Council Members Vottng Aye
Margaret L. Eure, Wdham W Harrison, Jr., Harold Heischober, Barbara
M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Nancy K. Parker, Vtce Mayor Wdham D Sessoms, Jr and A
M "Don" Weeks
Councd Members Vottng Nay
None
Councd Members Absent.
Ltnwood 0 Branch, III
May 25, 1999
Item F-G.I.
- 18-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 45018
BY CONSENSUS, City Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
May 25, 1999
Item V-G. 2.
-19-
PROCLAMATION
ITEM # 45019
Mayor Oberndorf PROCLAIMED:
MA Y 25, 1999
KEMPSVILLE MIDDLE SCHOOL
BO YS BASKETBALL TEAM DA Y
Head Coach Samuel Hallums ACCEPTED the PROCLAMATION The Kempsville Middle School Boys
Basketball Team had a very successful season and went all the way to the Ctty Champtonshtp Kempsvtlle
Middle School Braves Mtke Albero, Justtn Aube, Patrtck Glenn, Chrts Hall, Gabrtel Hall, Matt Hedley,
Kevtn Kielbasa, Scott Lemm, Justtn Mayfield, Corey Mclntosh, Robert Rodrtguez, Mtke Shamas, Josh
&mmonds and Scott Thompson gave thetr all to give thetr team a wtnntng season Head Coach Samuel
Hallums, Asststant Coach Thomas Cooke, Asststant to the Coaches Chrtstte Smtth and Manager Doug
Shamas deserve much cre&t for lea&ng the team to thetr success
May 25, 1999
W~ereas: The Kempsville Middle SclioolRoys Rasketball Team l~ad a very successful
season a~zdz,ent allthe way to tile Oty C~ampionship; and
Whereas: Kempswlle Middle SclioolRraves Mike Albero, Justin Aube, Patrick Glenn,
Chris Hall, GabrielHall, Matt Hedley, Kevin KIelbasa, Scott Lemm, Justin
May~'elcl,, Corey McIntosh, Robert Rodnguez, Mike ghamas, Josh S~mmonds,
a~dScott Thompson gave their all to glve thezr team a ~wnning season; and
Whereas: Head Coach SamuelHallums, Assistant Coach Thomas Cooke, Assistant to
the Coaci~es Christie Smith andManager ~oug Shamas deserve much credlt
for lea~'n~l the team to their success; and
Whereas: Hard u,orbu determi~ation and d1'scipline characterize th~s team. Practicing
a~dplay~ng hard took them to the City Champzonship; and
Whereas: The Kempsville Middle School Rraves al~vays exhibit good sportsma~ship,
teamxvork and great school spMt. We in Virginia Reach are very proud of
them
HOw, Therefore, I, Meyera B. Oberndorfi, Mayor of the City of Virginia Reach, Virgz,~ia,
do hereby Proclaim:
May 25, 1999
Kempsville Middle School
~oys ~asketballTeam ~ay
In Vir~li~ia Reach, a~dencoura~le all citizens to con~Iratulate them on tlieiroreat success.
In Witness Whereof, I have hereunto set my handandcausedthe Officialgealof the Oty
of V~r~linul Reach, Viroima, to be afl, ed this Txventy-founh day of May, Hineteen
Hu ~dred a ~d Hu~e t y-H~ ne.
Mayor
Item V-H.
- 20 -
ORDINANCES
ITEM # 45020
Upon motton by Vice Mayor Sessoms, seconded by Councd Lady Eure, Ctty Counctl APPROVED IN ONE
MOTION, Ordtnances 2 (DEFERRED INDEFINITELY), 3, 5, 6 and 7 of the CONSENT AGENDA
Item 2 was DEFERRED INDEFINITELY
Voting 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Heischober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wilham D Sessoms, Jr and A M "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Absent
None
May 25, 1999
Item V-H. 1.
- 21 -
ORDINANCES
ITEM # 45021
Attorney William A Wahab, 641 Lynnhaven Parkway #20, Phone. 463-9000, represented Moped Ctty
Rentals, Inc and spoke tn OPPOSITION.
Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, City Counctl ADOPTED:
Or&nance to AMEND Sections 7-50 and 7-57 of the Ctty Code re
operatton of mopeds and bicycles on roadways and stdewalks, respectively
(Deferred May 11, 1999)
Vottng. 9-2
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L. Eure, Wilham W Harrtson, Jr,
Harold Hetschober, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker and Vtce Mayor Wtlltam D Sessoms, Jr
Counctl Members Vottng Nay
Barbara M. Henley and .A M "Don" Weeks
Counctl Members Absent'
None
May 25, 1999
AN ORDINANCE TO AMEND SECTIONS 7-50 AND 7-57
OF THE CITY CODE PERTAINING TO THE OPERATION
OF MOPEDS AND BICYCLES ON ROADWAYS AND
SIDEWALKS, RESPECTIVELY
SECTIONS AMENDED: 7-50 AND 7-57
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 7-50 and 7-57 of the City Code are hereby
9 amended and reordained to read as follows:
10
11
Sec. 7-50.
Riding bicycles and mopeds on roadways and bicycle
paths.
12
(a) Any person operating a bicycle or moped upon a roadway
13 shall ride as close as practicable to the right-hand curb or edge
14 of the roadway, except under any of the following circumstances:
15
(1) When overtaking and passing any vehicle proceeding mn the
16
same direction;
17
(2) When preparing for a left turn at an intersection or into
18
a private road or driveway; and
19
(3) When reasonably necessary to avoid conditions including,
2O
but not limited to, fixed or moving objects, parked or
21
moving vehicles, pedestrians, animals, surface hazards,
22
or substandard width lanes that make it unsafe to
23
continue along the right-hand curb or edge. For purposes
24
of this section, a "substandard width lane" is a lane too
25
narrow for a bicycle or moped and another vehicle to pass
26
safely side by smde within the lane.
27
(b) Persons riding bicycles upon a highway shall not ride two
28 (2) or more abreast except on paths or parts of highways set aside
29 for the exclusive use of bicycles.
3O
(c) The czty manager may designate a lane for the exclusive
31 use of bicycles and mopeds. A motor vehmcle may enter or cross
32 this lane for the purpose of access to adjacent property, but a
33 motor vehicle shall not be driven or parked zn thms lane.
34
(d) Notwithstandmng the foregoing provzsions, zt shall be
35 unlawful for any person to operate a moped on Atlantic Avenue from
36 Rudee Inlet to 42nd Street durinq the period of April 15 throuqh
37 September 30, inclusive.
38
(e) The provisions of subsection (d) of this section shall
39 not be applicable to (i) any police officer or other cmty employee
40 operatinq a moped in the performance of official dutmes, or (ll)
41 any person operatinq a moped for the purpose of travelinq to or
42 from his or her place of employment via the most direct route.
43 Sec. 7-57.
Riding on sidewalks.
44
(a) It shall be unlawful for any person to ride a moped on
45 any sidewalk or designated bicycle route within the city.
46
(b) It shall be unlawful for any person to ride a bicycle on
47 any sidewalk of Atlantic Avenue from Rudee Inlet to 42nd Street
48 during the scason from S-00 p.,m ..... on thc F~-~--~ ....... ~-~ ~. ......... .... ~i Day
49 ~'~-~'^-~ t~ 5-~ - -- ~-
............. ~ .......... Day period of April 15 throuqh September
50 30, inclusive. B~cycle riding is otherwise permitted on the
51 sidewalks of the city, subject to the provisions of thzs sectmon
52 and section 6-9 of this Code.
53
54
55
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 25th day of May, 1999.
56
57
58
59
CA-7222
DATA/ODIN/PROPOSED/07-050et. ORD
R3
PREPARED: May 14, 1999
Item V-H.2.
- 22 -
ORDINANCES
ITEM # 45022
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Council DEFERRED
INDEFINITEL Y:
Ordinance to AMEND Sections 35-182, 35-186 and REPEAL Sectton 35-
183 of the Ctty Code clartfytng and limiting the tax on free admissions
and providing exemptions for events benefitttng charities. (Deferred May
4, 1999)
Vottng 11-0 (By Consen0
Council Members Vottng Aye
Linwood O. Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D. Sessoms, Jr and A. M "Don" Weeks
Counctl Members Voting Nay'
None
Council Members Absent'
None
May 25, 1999
Item V-H.3.
- 23 -
ORDINANCES
ITEM # 45023
Upon motton by Vtce Mayor Sessoms, seconded by Council Lady Eure, Ctty Counctl ADOPTED
Ordinance to APPROPRIATE $51,486 tn donattons and from the Parks
and Recreatton Gift Catalog Fund to the FY 1998-1999 Operattng Budget
of the Parks and Recreatton Department re special events, recreation
supplies, replacement equipment and other acttvtttes, as destgnated by the
donor, and, estimated revenue be increased accordtngly
Voting. 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E Oberndo~ Nancy K Parker, Vtce Mayor
Wtlliam D Sessoms, Jr and A. M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent
None
May 25, 1999
AN ORDINANCE TO APPROPRIATE $51,486 OF
DONATIONS AND FUND BALANCE FROM THE PARKS AND
RECREATION GIFT FUND TO THE FY 1998-99 PARKS
AND RECREATION OPERATING BUDGET
WHEREAS, the Parks and Recreation Gift Fund annually
6 receives cash donations from citizens for designated and
7 undesignated purposes related to Parks and Recreation programs and
8 activities; and
WHEREAS, the City wishes to use a total of $51,486 in
10 donations, of which $18,542.76 has been received during FY 1998-99
11 and $32,943.24 has accumulated in the Gift Fund fund balance, for
12 a variety of purposes, including special events, recreation
13 supplies, other purchased services, replacement equipment, and
14 other unspecified Parks and Recreation-related activities, as may
15 have been designated by the donor.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
1. That a total of $51,486 in donations and fund balance
19 is hereby appropriated, of which $18,542.76 has been received
20 during FY 1998-99 and $32,943.24 has accumulated in the Parks and
21 Recreation Gift Fund fund balance, to the Parks and Recreation FY
22 1998-99 Operating Budget to be used for a variety of purposes,
23 including special events, recreation supplies, other purchased
24 services, replacement equipment, and other Parks and Recreation
25 activities, as may have been designated by the donor.
26
2. That estimated revenues are hereby increased in the
27 amount of $51,486.
28 Adopted by the Council of the City of Virginia Beach,
29 Virginia, on the 25th day of MAY
, 1999.
30
Requires an affirmative vote by a majority of the members
31 of City Council.
APPROVED AS TO CONTENT APPROVED AS TO LEGAL
SUFFICIENCY
Department~~aw
CA-7368
ORDIN/NONCODE/GIFT ORDINANCE 3
MAY 19, 1999
Ri
Item V-H.4.
- 24 -
ORDINANCES
ITEM # 45024
Upon motton by Vice Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Councd ADOPTED
Ordinance to ACCEPT and APPROPRIATE a $32,156 grant from the U
S Department of Housing and Urban Development (HUD) to the FY 1998-
1999 Operattng Budget of the Department of Houstng and Netghborhood
Preservatton re the administrative support activities of the Family Self
Sufficiency Program, and, estimated revenue from the federal government
be increased accordingly
Vottng 11-0 (By Consent)
Councd Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L Eure, William W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S.
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wtlltam D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay'
None
Counctl Members Absent
None
May 25, 1999
AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT
IN THE AMOUNT OF $32,156 FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
TO THE FY 1998-1999 OPERATING BUDGET OF THE
DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION FOR THE PURPOSE OF FUNDING THE
ADMINISTRATIVE SUPPORT ACTIVITIES OF THE
FAMILY SELF SUFFICIENCY PROGRAM
WHEREAS, the Virginia Beach Department of Housing and
10 Neighborhood Preservation receives Federal grant funding through
11 the Family Self Sufficiency (FSS) program administered through the
12 U.S. Department of Housing and Urban Development;
13
WHEREAS, the Federal grant provides funding for
14 supportive services that enable participating families to achieve
15 economic independence and self-sufficiency; and
16
WHEREAS, the purpose of the Federal grant is to fund the
17 continuing administrative support activities associated with
18 executing the grant.
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH, VIRGINIA:
21
1. That a grant in the amount of $32,156 is hereby
22 accepted from the U. S. Department of Housing and Urban Development
23 and appropriated to the FY 1998-1999 Operating Budget of the
24 Department of Housing and Neighborhood Preservation for the purpose
25 of funding the administrative support activities of the Family Self
26 Sufficiency Program.
27
2. That estimated revenue from the federal government is
28 hereby increased in the amount of $32,156.
29
30
Requires an affirmative vote by a majority the members of
City Council.
31
32
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25th day of May 1999.
CA-7347
ORDIN\NONCODE\FSS99.ORD
APRIL 20, 1999
APPROVED AS TO CONTENT:
Management Ser~/'cces
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney s Office
Item V-H. 5.
- 25 -
ORDINANCES
ITEM # 45024
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Councd ADOPTED:
Or&nance to TRANSFER $835, l 10 from the General Fund Reserve for
Conttngenctes to the FY 1998-1999 Operattng Budget of the Vtrgtnta
Beach Court Servtce Unit re Juvenile Secure, Non-Secure and Outreach
Detention Services. (Deferred May 11, 1999)
Voting 11-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louis R Jones, Reba S
McClanan, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor
Wtlliam D Sessoms, Jr and A. M "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Absent
None
May 25, 1999
AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
OF $835,110 FROM THE GENERAL FUND RESERVE FOR
CONTINGENCIES TO THE FY 1998-99 VIRGINIA BEACH
COURT SERVICE UNIT OPERATING BUDGET FOR
JUVENILE SECURE, NON-SECURE AND OUTREACH
DETENTION SERVICES
WHEREAS, the Virginia Beach Court Service Unit has the
8 responsibility of obtaining both secure and non-secure detention
9 services and community based treatment services for juveniles under
10 their supervision that are ordered by the Virginia Beach Juvenile
11 and Domestic Relations District Court ("Court");
12
WHEREAS, the Court may order a child placed into any of
13 these programs, with the cost of these services to be borne by the
14 locality;
15
WHEREAS, the costs for these services have been rising
16 over the last eight years as a result of increases in admissions
17 and length of stay in these programs, due to increased numbers of
18 juveniles processed through the Virginia Beach Court Service Unit's
19 Intake and coming before the Court having severe criminal and
20 emotional problems that threaten the community;
21
WHEREAS, the Virginia Beach Court Service Unit now
22 projects usage of secure detention for FY 1998-99 to increase to
23 approximately 22,667 days (averaging 62 juveniles per day) at a
24
25
total cost of $2,268,367, which exceeds FY 1998-99 budgeted amounts
based on anticipated usage of 17,505 da~s (48 juveniles per day) at
26 a total cost of $1,750,450;
27
WHEREAS, the Virginia Beach Court Service Unit now
28 projects usage of non-secure detention, outreach detention and
29 community based treatment services for FY 1998-99 to increase to
30 approximately 40,917 days (averaging 112 juveniles served per day)
31 at a total cost of $3,332,130, which exceeds FY 1998-99 City and
32 State budgeted amounts based on anticipated usage of 25,968 days
33 (71 juveniles per day) at a total cost of $3,014,937; and
34 WHEREAS, the Virginia Beach Court Service Unit has
35 requested that City Council provide additional funding in the
36 amount of $835,110 to meet these increased needs.
37
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
38 OF VIRGINIA BEACH, VIRGINIA:
39
That funds in the amount of $835,110 are hereby
40 transferred from the General Fund Reserve for Contingencies to the
41 Virginia Beach Court Service Unit FY 1998-99 Operating Budget to
42 fund increased costs associated with juvenile secure, non-secure
43 and outreach detention services.
44
Requires an affirmative vote by a majority of the members
45 of City Council.
46
Adopted by the Council of the City of Virginia Beach,
47 Virginia, on the 25th day of MAY
, 1999.
48
49
50
51
CA-7359
ORDIN~NONCODE~JUVENILE DETENTION.ORD
APRIL 30, 1999
R1
52
53
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
55 Management S~es
City Attorney' ~ Offf~e
Item V-H. 6.
- 26-
ORDINANCES
ITEM # 45025
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED
Ordtnance to TRANSFER $120, O00 from the Water and Sewer Enterprtse
Fund Reserve for Conttngenctes to the FY 1998-1999 Operattng Budget of
the Department of Pubhc Utthttes re replacement ora sewer force main tn
the Carolanne?Sherluck sewer system
Voting:
11-0 (By Consent)
Counctl Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S
McClanan, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Absent
None
May 25, 1999
AN ORDINANCE TO TRANSFER FUNDS IN
THE AMOUNT OF $ 120,000 FROM THE
WATER AND SEWER ENTERPRISE FUND
RESERVE FOR CONTINGENCIES TO THE FY
1998-1999 OPERATING BUDGET OF THE
DEPARTMENT OF DEPARTMENT OF PUBLIC
UTILITIES TO PROVIDE FUNDS TO
REPLACE A SEWER FORCE MAIN
WHEREAS, the Department of Public Utilities maintains and
10 repairs the water and sewer system infrastructure;
11
WHEREAS, recently, a 40 year-old sewer force main in the
12 Carolanne~Sherluck sewer system deteriorated, resulting in leakage;
13 and
14
WHEREAS, the replacement of this sewer force main is
15 essential to public health.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
17 OF VIRGINIA BEACH, VIRGINIA:
18
That $120,000 is hereby transferred from the Water and
19 Sewer Enterprise Fund Reserve for Contingencies to the FY 1998-1999
20 Operating Budget of the Department of Public Utilities for the
21 purpose of providing funds to replace a sewer force main in the
22 Carolanne/Sherluck sewer system.
23
24
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 25th ,day of MAY , 1999.
25 CA-7377
26 ORDIN\NONCODE\SEWER FORCE MAIN.ORD
27 MAY 18, 1999
28 R3
29
30
31
32
APPROVED AS TO CONTENT:
Management Services
APPROVED AS TO LEGkL
SUFFICIENCY:
City Attorn~ Offfc~
Item V-H. 7.
-27-
ORDINANCES
ITEM ii 45026
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED
REFUNDS.
Ltcense- $61,995.31
Tax - $ 4,914. 75
Vottng: 11-0 (By Consent)
Council Members Vottng Aye'
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Harold Hetschober, Barbara M. Henley, Louts R Jones, Reba S
McClanan. Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay.
None
Counctl Members Absent
None
May 25, 1999
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA'
That the following apphcatlons for tax refunds upon certification of the Treasurer are hereby approved
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Paid Penalty Int.
Woodard Realty, LLC 1999
Rogers, P Douglas & Vivlan 1999
Grass, Jody H 1999
Monroe, Jr William, & Lynne 1998
Monroe, Jr William, & Lynne 1998
Monroe, Jr William, & Lynne 1999
Bleakney, Robert P 1999
Wlggleton, Mark N 1999
White, Thomas N 1999
McVelgh, Alex 1999
Crestar Mortgage Corp 1999
Fowler, Robert 1999
Scarborough, Ada 1999
Rlggs, Michael R & Lisa B 1999
Miller, Robert E & Ferne E 1999
Ferguson, Raymond E & Judith 1999
Hernandez, Maria P 1999
McCutcheon, Terrie & P H Nash 1999
Cornelius, James L & Roberta L 1998
King, Edward & Brenda Mitchell 1997
King, Edward & Brenda Mitchell 1997
King, Edward & Brenda Mitchell 1996
King, Edward & Brenda Mitchell 1996
King, Edward & Brenda Mitchell 1998
King, Edward & Brenda Mitchell 1998
Caruana Const & Development 1999
Black, Doris E 1999
Young, J Nathaniel 1999
Vaughan, Robert P 1998
Sandbrldge, Thomas E & Lynn 1999
Butler, Kenneth L & Nancy 1999
Thompson, Lllhan J 1995
Neal, George W 1993
TOTAL:
RE(l/2) 99-135931-0
RE(l/2) 99-104740-7
RE(l/2) 99-047932-6
RE(l/2) 98-084332-6
RE(2/2) 98-084332-6
RE(l/2) 99-085366-1
Parking Ticket #531424
Parking Ticket #542806
Parking Ticket #542094
Dog Tag #V17933
RE(l/2) 99-019849-7
RE(l/2) 99-041877-6
RE(l/2) 99-098770-4
RE(I/2) 99-102312-0
RE(l/2) 99-084210-2
RE(l/2) 99-039376-6
RE(l/2) 99-055024-8
RE(l/2) 99-080501-8
RE(2/2) 98-025619-3
RE(l/2) 97-066009-6
RE(2/2) 97-066009-6
RE(l/2) 96-065158-8
RE(2/2) 96-065158-8
RE(l/2) 98-066384-0
RE(l/2) 98-066384-0
RE(l/2) 99-020507-8
RE(l/2) 99-010843-2
RE(l/2) 99-137399-1
RE(2/2) 98-139182-9
RE(1/2) 99-107631-2
RE(l/2) 99-017768-8
PP(2/2) 95023018801
PP(1/2) 93011256738
11/27/96 and
12/04/98
11/19/98
12/02/98
12/04/97
06/05/98
12/01/98
02/16/99
02/12/99
02/26/99
04/08/99
12/05/98
03/19/99
12/17/98
11/10/98
03/04/99
03/17/99
03/17/99
11/18/98
09/29/98
11/18/96
05/19/97
11/24/95
05/17/96
12/03/97
06/01/98
12/03/98
12/04/98
02/28/99
11/06/98
03/31/99
03/31/99
07/13/98
07/11/96
57 77 20 34
58 34 20 53
66 68 23 47
10 00 1 21
45 71 16 09
51 54 13 61
82 62 29 08
58 65 20 65
306 1553
1000 1595
Total
392 23
123 83
1,617 62
107 11
107 11
107 11
15 00
10 00
10 00
8 00
186 30
1,013 16
11 22
78 11
78 87
90 15
1121
77 62
61 80
24 21
24 21
23 57
23 57
18 16
18 16
61 00
42 88
65 15
109 23
111 70
79 30
111 86
95~07
$4,914.52
This ordinance shall be effective from date of adoption
The above abatement(s) totahng
$4,914.52 were approved by
the Cou~l ~lf the City oflvy~_rglnlqt J3~gch
on the ',og day of ay, a.~
Ruth Hodges Smith
City Clerk
d as to pay~ent~
J h ~T Atl~mson, Treasurer
Approved as to form
'L-~lie L~
FORM NO C A 8 REV 3/~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
That the following apphcat~ons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
CHENG JAMES S 1999
CITRUS GROUP INC THE 1999
COASTAL COMPUTER SERVICES INC 1999
COMBINES COMPUTER SERVICES INC 1999
COMPUTER NETWORK SPECIALIST INC 1999
CPI IMAGES LLC 1999
CRELOR LAND & DEVELOPMENT CO 1999
CLIFTON VENTURES INC 1999
COMMONWEALTH HOME HEALTH CARE INC 1999
CUTTERS INC THE 1999
DAUGHERTY INC 1999
DEALS ON WHEELS INC 1999
DENNEY CORP 1999
DESKS INC 1999
DETAILS LTD 1999
DIAMOND EQUIPMENT CONTRACTOR INC 1999
DIVARIS PROPERTY MANAGEMENT CORP 1999
DIVARIS REAL ESTATE INC 1999
DMP INC 1999
DOLLAR TREE STORES INC 1999
DOMINION COMPUTER SERVICES INC 1999
DOORS INC 1999
DRAGAS ASSOCIATES LC 1999
E JEANNE SALEMI INC 1999
EASTERN DATA OF VA INC 1999
F A MACHINERY LOGISTICS INC 1999
FAMILY CONSELING CENTER INC 1999
03/25/99 24 52 0 00 24 52
04/19/99 44 92 0 00 44 92
03/25/99 70 00 0 00 70 00
03/30/99 100 00 0 00 100 00
03~24~99 50 00 0 00 50 00
04/06/99 50 00 0 00 50 00
04~06~99 170 74 0 00 170 74
04/08/99 277 54 0 00 277 54
04/09/99 57 60 0 00 57 60
04/01/99 367 73 0 00 367 73
04~20~99 50 00 0 00 50 00
04/18/99 50 00 0 00 50 00
04~02~99 50 00 0 00 50 00
04/21/99 162 37 0 00 162 37
04~28~99 50 00 0 00 50 00
04/07/99 50 00 0 00 50 00
04/12/99 50 00 0 00 50 00
04~09~99 50 00 0 00 50 00
04~02~99 50 00 0 00 50 00
03/26/99 420 00 0 00 420 00
03~30~99 100 00 0 00 100 00
03~22~99 50 00 0 00 50 00
04/02/99 180 15 0 00 180 15
04~06~99 10 00 0 00 10 00
04~08~99 50 00 0 00 50 00
04/16/99 95 50 0 00 95 50
03/14/99 50 00 0 00 50 00
Th~s ordinance shall be effective from date of
adopbon
The above abatement(s) totahng
City of V~rg~nla Beach on the
$2,731 07
25th
P'hd~l~ J '~ellar~ ~ --"
Commissioner of the Revenue
%'eshe E L~lley
City Attorney
were approved by the Councd of the
day of MAY ,19 99
Ruth Hodges Smith
C~ty Clerk
FORM NO C A 8 REV 3/88
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 apphcabons for hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AD VENTURES SPECIALTIES INC 1999
ADONIS PAINTING CONTRACTORS INC 1999
ALLIED ELECTRONICS INC 1999
ARCHITECTURAL GRAPHICS INC 1999
ASIA RESTAURANT INC 1999
ASSURED CONSTRUCTION INC 1999
ATLANTIC TELEPHONE SYSTEMS INC 1999
BAY WOLFGANG J DMD 1999
BEACH ACCOUNTING & PAYROLL LTD 1999
BEACH EYE CARE INC 1999
BEAMON & LASSITER INC 1999
BEHRMAN BARRY S 1999
BENNETT INVESTMENT INC 1999
BEST WAY TOWlNGINC 1999
BIRK PETER MD 1999
,
BLUE RIDGE MOUNTAIN SPORTS LTD 1999
BOLLING TERRY L 1999
BROWNING GROUP INC 1999
BSQUARE INC 1999
BTTW INC 1999
BUMP REBECCA T 1999
BURKE COMMERCIAL FURNISHINGS 1999
BURLINGTON COAT FACTORY WAREHOUSE 1999
BUTLER USCHI 1999
CAPE HENRY BUILDF__.~S INC 1999
CASUAL CONCEPTS INC 1999
CHARLES BARKERS TOYOTANOLKSWAGEN 1999
04/02/99 98 77 0 oo 98 77
04/03/99 217 42 0 oo 217 42
04/05/99 50 oo 0 oo 50 oo
03/30/99 50 oo 0 oo 50 oo
03~30~99 215 oo 0 oo 215 oo
03/12/99 50 oo 0 oo 50 oo
04/06/99 100 oo 0 oo 100 oo
03/12/99 50 oo 0 oo 50 oo
03~22~99 10 oo 0 oo 10 oo
03~26~99 50 oo 0 oo 50 oo
03/18/99 50 oo 0 oo 50 oo
04/08/99 72 07 0 oo 72 07
03~24~99 50 oo 0 oo 50 oo
04/02/99 62 75 0 oo 62 75
03/30/99 50 oo 0 oo 50 oo
04/08/99 150 oo 0 oo 150 oo
04/02/99 50 oo 0 oo 50 oo
04/02/99 100 oo 0 oo 100 oo
03/26/99 50 oo 0 oo 50 oo
04~02~99 72 82 0 oo 72 82
04/20/99 218 61 0 oo 218 61
03/26/99 50 oo 0 oo 50 oo
04/05/99 50 oo 0 oo 50 oo
04/06/99 16 43 0 oo 16 43
03~30~99 50 oo 0 oo 50 oo
04~08~99 50 oo 0 oo 50 oo
03/31/99 150 oo 0 oo 150 oo
Th~s ordinance shall be effecbve from date of
adoption.
The above abatement(s) totahng
City of V~rgm~a Beach on the
$2,183 87
25th
~h,l,~ J 'Kella'm'''-4''
Commissioner of the Revenue
'"Lesh~ L,Iley C~ty Attorney
were approved by the Counc,I of the
day of MAY ,1999
Ruth Hodges Smith
C~ty Clerk
FORM NO C A 8 REV 3/8~
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 apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
FASTENAL COMPANY
FF ACQUISITION LLC
FITZ RANDOLPH STIRLING E
FORMOSA INC
GALLUP SURVEYORS/ENGINEER LTD
GARRIS TRAVEL SERVICE LC
GENERAL MOTORS ACCEPTANCE CORP
GERALD L DAVIS & ASSOC INC
GJH INC
GLASSE LYNNE H
GOLD MINE JEWELRY LLC
GOODMAN SEGAR HOGAN RES SALES
GRAVES WILLIAM B III
GRECO RESEARCH ENGINEERING CO
GREENWOOD GARDEN SERVICE INC
·
GRETZ HERB G
GUARDIAN CORPORATION
GYMSTRADA SCHOOL INC
GYMSTRADA SCHOOL INC
GYMSTRADA SCHOOL INC
HAHN AUTOMOTIVE WHSE INC
HAMPTON ROADS WIRELESS INC
HAVERTY FURNITURE COMPANY INC
HECHT-LEAVITT CHARLES MD
HMR CORPORATION
HOBBS & ASSOCIATES INC
1999 04/23/99 100 oo 0 oo 100 oo
1999 03~22~99 509 62 0 oo 509 62
1999 04~06~99 144 22 0 oo 144 22
1999 04/16/99 27 61 0 oo 27 61
1999 03~26~99 50 oo 0 oo 50 oo
1999 03/18/99 40 oo 0 00 40 oo
1999 04~08~99 100 oo 0 oo 100 oo
1999 04/08/99 50 oo 0 oo 50 oo
1999 03~30~99 50 oo 0 oo 50 oo
1999 04~03~99 50 oo 0 oo 50 oo
1999 04/16/99 101 12 0 oo 101 12
1999 03/30/99 300 oo 0 oo 300 oo
1999 04~02~99 3 oo 0 oo 3 oo
1999 03/22/99 50 oo 0 oo 50 oo
1999 03/30/99 50 oo 0 oo 50 oo
1999 04~06~99 50 oo 0 oo 50 oo
1999 03/18/99 100 oo 0 oo 100 oo
1999 04/05/99 50 oo 0 oo 50 oo
1999 04~06~99 50 oo 0 oo 50 oo
1999 04/06/99 50 oo 0 oo 50 oo
1999 03~26~99 146 84 0 oo 146 84
1999 03/12/99 50 oo 0 oo 50 oo
1999 03~30~99 50 oo 0 oo 50 oo
1999 03~30~99 50 oo 0 oo 50 oo
1999 04/08/99 59 39 0 oo 59 39
1999 04~20~99 16 45 0 oo 16 45
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng
C~ty of V~rg~ma Beach on the
$2,298 25
25th
P]~l,p J' KellY61"
Commissioner of the Revenue
"~eshe E Ldley
C~ty Attorney
were approved by the Council of the
day of MAY ,1999
Ruth Hodges Smith
City Clerk
FORM NO C A 8 REV 3/88
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 apphcabons for hcense refunds, upon ced~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
HOGAN PAUL E
HOLMANS PHOTOGRAPHY STUDIO INC
HOOD JOSEPH W JR
HOSEK ERIC ADDS PC
HUDGINS & EGE PC
IERVOLINO ROBERT A
INDIAN RIVER WATER COMPANY
INTEGRATED BUSINESS SOLUTIONS INC
J HARRY MOTE & SON GEN CONTRACTOR
JAMES M SYKES CONSTRUCTION CO
JEWISH MOTHER INC THE
JOHN W NEWTOWN DDS PC
JOHN-TOM INC
JOHNSON CAROLYN C
JOHNSON PATRICIA P & JAC D
JORDAN-KITT MUSIC INC
JP S COPIER SERVICE INC
JPE INC
JU WOOK JA
JUBILEE TECH INTERNATIONAL INC
K & B COACH COMPANY INC
KFC NAT MGT CO/ACCT PAYABLE
KING & OSTRAND INC
KLEMT & ASSOCIATES PC
KRISPY KREME DOUGHNUT CORP
LANDSEA SYSTEMS INC
LANE DONALD E & LESTER DAVID W
1999 03/18/99 50 oo 0 oo 50 oo
1999 03~25~99 50 oo 0 oo 50 oo
1999 04~04~99 50 oo 0 oo 50 oo
1999 03/12/99 50 oo 0 oo 50 oo
1999 04/19/99 20 05 0 oo 20 05
1999 04/08/99 428 oo 0 oo 428 oo
1999 04~20~99 50 oo 0 oo 50 oo
1999 04/22/99 50 oo 0 oo 50 oo
1999 03/10/99 50 oo 0 oo 50 oo
1999 04~22~99 50 oo 0 oo 50 oo
1999 03/31/99 50 oo 0 oo 50 oo
1999 03/22/99 50 oo 0 oo 50 oo
1999 04/05/99 100 oo 0 oo 100 oo
1999 04/15/99 2 oo 0 oo 2 oo
1999 04/20/99 7 50 0 oo 7 50
1999 04/05/99 10 oo 0 oo 10 oo
1999 03/30/99 100 oo 0 oo 100 oo
1999 04/23/99 870 02 0 oo 870 02
1999 03/12/99 50 oo 0 oo 50 oo
1999 03/15/99 50 oo 0 oo 50 oo
1999 04~09~99 362 96 0 oo 362 96
1999 04~23~99 50 oo 0 oo 50 oo
1999 04~09~99 174 48 0 oo 174 48
1999 03~30~99 50 oo 0 oo 50 oo
1999 04~30~99 100 oo 0 oo 1 oo oo
1999 04/08/99 50 oo 0 oo 50 oo
1999 03/12/99 49 85 0 oo 49 85
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng
C~ty of V~rg~ma Beach on the
$2,974 86
25th
Commissioner of the Revenue
'E'~she E~ L,Iley
C~ty Attorney
were approved by the Councd of the
day of tv¢.¥ ,19 99
Ruth Hodges SmIth
C~ty 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 apphcabons for I~cense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
LANIER WORLDWIDE INC
LERNER NEW YORK INC #779
LERNER NEW YORK INC #310
LETORNEAU JODY M/MIHALY M S
LEVERETT MARCIA K
LIM ANGELITA A
LONDON BRIDGE TRADING CO LTD
LOYOLA ENTERPRISES INCORPORATED
LUCKY STAR OF VA BEACH INC THE
MACMILLAN & WRIGHT INC
MAIL DEPOT INC
MAIL DEPOT INC
MARINA SHORES LTD
MAURICES INCORPORATED
MCCLANAN GLENN B
·
MCELWDEE DANIEL F
MEDICAL REFERRAL SERVICES INC
METRO INFORMATION SERVICE INC
MICHAEL J SIMS DMD PC
MID ATLANTIC TANK INSPECTION
MITCHELLS MANAGEMENT CORP
MODLINGER RONALD E
MORAY INC
MY DOLL HOUSE OF HILLTOP INC
NATURAL LANDSCAPING & MAINT INC
NEWTON PIANO CO INC
OFFICE FURNITURE WAREHOUSE INC
1999 04~23~99 50 00 0 00 50 00
1999 03/12/99 50 00 0 oo 50 00
1999 03/12/99 50 00 0 00 50 oo
1999 04/05/99 4 04 0 oo 4 04
1999 03/30/99 296 03 0 00 296 03
1999 04/06/99 40 00 0 00 40 00
1999 04/23/99 100 00 0 00 100 00
1999 04/23/99 41 35 0 oo 41 35
1999 03/31/99 50 00 0 00 50 00
1999 03/16/99 50 00 0 00 50 00
1999 04~04~99 4 00 0 00 4 00
1999 04/05/99 49 00 0 00 49 00
1999 04/20/99 42 97 0 00 42 97
1999 03~24~99 50 00 0 00 50 00
1999 03/22/99 422 88 0 00 422 88
1999 04~22~99 50 00 0 00 50 oo
1999 04/02/99 271 91 0 00 271 91
1999 03/31/99 10 00 0 00 10 00
1999 03/30/99 50 00 0 00 50 00
1999 03/31/99 50 00 0 00 50 00
1999 03/30/99 100 00 0 00 100 oo
1999 03/20/99 50 00 0 00 50 00
1999 03/16/99 50 00 0 00 50 00
1999 04/23/99 50 00 0 00 50 00
1999 03/31/99 281 50 0 00 281 50
1999 04~05~99 204 79 0 00 204 79
1999 03124199 50 oo 0 00 50 00
This ordinance shall be effecbve from date of
adoption
The above abatement(s) totahng
C~ty of V~rg~ma Beach on the
$2,518 47
25th
Commissioner of the Revenue
Approved as to form
Leslie L LiIley
City Attorney
were approved by the Council of the
day of _~A¥ ,19 99
Ruth Hodges SmIth
C~ty Clerk
FORM NO C A 8 REV 3/8~
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 apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
OSWAKS ROY M MD LTD PC
PAGEANTRY UNLIMITED INC
PAN WEST INC
PARKERS AUTO PARTS INC
PATEL DARSHAK
PET CARE VETERINARY HOSPITAL
PHILLIPS OLDSMOBILE INC
PINKSTON LARRY M
PITNEY-BOWES INC
PRIME SERVICE INC
PROFESSIOAL HOSPITALITY RESOURCES
PUNGO EXXON INC
Q E D SYSTEMS INC
R K BUICK INC
R K BUICK INC
R K CHEVROLET INC
R T R CREDIT CORP
RADIO HOLLAND USA BV
RANDY OVERACRE PAINTING INC
REALTYSMART INC
RECORD TOWN INC
RENT A CENTER INC
RESIDENTIAL PROF MORTGAGE LLC
RGB INC
RIVERS & REFS PET SHOP INC
ROSES STORE INC
RTR INC
1999 04/23/99 50 00 0 oo 50 00
1999 04/20/99 211 17 0 00 211 17
1999 04/06/99 50 oo 0 oo 50 oo
1999 03/31/99 50 oo 0 oo 50 oo
1999 04/02/99 1,078 72 0 oo 1,078 72
1999 04/02/99 1,044 oo 0 oo 1,044 oo
1999 04~20~99 150 00 0 oo 150 oo
1999 03/16/99 50 00 0 00 50 oo
1999 04~20~99 100 00 0 00 100 00
1999 03/31/99 50 00 0 oo 50 oo
1999 03~22~99 50 00 0 oo 50 00
1999 04~24~99 319 73 0 00 319 73
1999 04/01/99 50 00 0 oo 50 oo
1999 03/31/99 41 00 0 oo 41 oo
1999 03/31/99 150 oo 0 oo 150 oo
1999 03/31/99 150 oo 0 oo 150 oo
1999 04/21/99 50 00 0 oo 50 oo
1999 04/23/99 39 04 0 oo 39 04
1999 04/16/99 50 00 0 oo 50 oo
1999 04/12/99 50 00 0 oo 50 oo
1999 03/24/99 50 oo 0 oo 50 oo
1999 03/15/99 717 47 0 00 717 47
1999 04/16/99 435 oo 0 oo 435 oo
1999 04~23~99 172 27 0 oo 172 27
1999 04/16/99 93 82 0 oo 93 82
1999 03/25/99 1 oo oo 0 oo 100 oo
1999 04/18/99 80 57 0 oo 80 57
This ordinance shall be effecbve from date of
adopbon
The above abatement(s) totaling
C~ty of V~rg~ma Beach on the
$5,432 79
25th
Commissioner of the Revenue
"'Eeshe-L L,Iley
C~ty Attorney
were approved by the Counc,I of the
day of MAY ,19 99
Ruth Hodges Smith
C~ty Clerk
FORM NO C A 8 REV 3/86
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 apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
RTR INC
RTR INC
RUNNYMEDE CORP THE
S & R TRANSPORT COMPANY
SCAN WORLD INC
SCHLUEB GARY H
SHARPNACK THOMAS E
SHEALY-HODGES CORP
SHERRY INC
SHONYS INC
SIZEMORE E N JR MRS
SMART BEEP INC
SOURCE LLC THE
SOUTHERN AMUSEMENT CORP
SOUTHERN KINETICS INC ,
SPOKES INC
STANTON CHARLES C
STRAWBRIDGE FAMILY SKATING CENTER
STROUD PENCE & ASSOC LTD
SUNBELT SUPPLY CO
SUNVIEW INC
T E U INC
TALREJA ROSHAN S MD
TAMPICO ENTERPRISES INC
TAPE RESOURCES INC
TARBUTTON ASSOCIATES INC
TAZEWELL GARAGE CORP
1999 03/31/99 100 00 0 00 100 00
1999 04/14/99 126 88 0 00 126 88
1999 04/10/99 100 00 0 00 100 00
1999 04/15/99 50 00 0 00 50 00
1999 04/28/99 4 62 0 00 4 62
1999 04/02/99 40 00 0 00 40 00
1999 04/28/99 2 35 0 00 2 35
1999 04/28/99 100 00 0 00 100 00
1999 04/15/99 50 00 0 00 50 00
1999 03/30/99 50 00 0 00 50 00
1999 04/20/99 6 38 0 00 6 38
1999 03/31/99 50 00 0 00 50 00
1999 03/30/99 134 73 0 00 134 73
1999 03/30/99 623 51 0 00 623 51
1999 04/29/99 50 00 0 00 50 00
1999 03/29/99 67 92 0 00 67 92
1999 03/18/99 334 26 0 00 334 26
1999 03/25/99 60 00 0 00 60 00
1999 03/26/99 50 00 0 00 50 00
1999 04/20/99 50 00 0 00 50 00
1999 03/10/99 56 42 0 00 56 42
1999 04/20/99 50 00 0 00 50 00
1999 04/06/99 50 00 0 00 50 00
1999 04/15/99 8 95 0 00 8 95
1999 04/04/99 50 00 0 00 50 00
1999 03/24/99 206 56 0 00 206 56
1999 03/31/99 291 00 0 00 291 00
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng
City of V~rg~n~a Beach on the
$2,763 58
25th
Cerbfled as to paymen~ . ~.
Idhd~p J 'l~ellam -' '~
Commissioner of the Revenue
[eshe L'"E,Iley
C~ty Attorney
were approved by the Council of the
day of MAY ,1999
Ruth Hodges Smith
City Clerk
FORM NO C A 8 REV ~81~
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 apphcabons for hcense refunds, upon cert~flcabon
of the CommIssioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
THEN ALEXANDER C
THOMAS CHERYL S
THURMAN JAMES AMERY
TIDEWATER AIR FILTER INC
TRADE SECRET INC
TRAVEL OUTLET OF VA INC
TVE LTD
TWO BEARS LTD
UTTERBACK & UTTERBACK DMD PC
VA BEACH EXECUTIVE SUITES INC
VICCELLIO JEANNE P
VIRGINIA BEACH DODGE INC
VIRGINIA BEACH FISHING PIER GRILL
VIRGINIA BEACH RADIOLOGY PC
VIRGINIA EXPRESSO SALES CORP
VIRGINIA GEORGE CO INC
WADDELL & REED INC
WADE POWELL INC
WAREINGS GYM INC
WARREN H FOER MD PC
WEDGEWOOD MOBILE HOME PARK
WHITE ELECTRIC COMPANY
WILD RIVER OUTFITTERS INC
WILLIAM FRANK T FARMS
WINDOW WAREHOUSE LTD
1999 03/22/99 20 00 0 00 20 00
1999 04/05/99 10 00 0 00 10 00
1999 04~05~99 21 88 0 oo 21 88
1999 03/29/99 100 00 0 00 100 00
1999 03~05~99 26 87 0 00 26 87
1999 04~28~99 55 95 0 00 55 95
1999 04~22~99 40 79 0 00 40 79
1999 04~24~99 10 00 0 00 10 00
1999 04/12/99 50 00 0 00 50 00
1999 04/15/99 50 00 0 00 50 00
1999 03/16/99 200 00 0 00 200 00
1999 03~29~99 150 00 0 00 150 00
1999 03/16/99 50 00 0 00 50 00
1999 03/18/99 49 73 0 00 49 73
1999 03/16/99 50 55 0 00 50 55
1999 04/18/99 50 00 0 00 50 00
1999 04/06/99 50 00 0 00 50 00
1999 03/29/99 50 00 0 00 50 00
1999 04/28/99 32 00 0 00 32 00
1999 03/24/99 50 00 0 oo 50 oo
1999 03/24/99 50 00 0 oo 50 oo
1999 03/12/99 50 oo 0 00 50 oo
1999 04/15/99 50 00 0 00 50 00
1999 04/02/99 50 00 0 00 50 00
1999 03/31/99 49 04 0 00 49 04
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totaling
C~ty of V~rginia Beach on the
$1,366 81
25t:h
I~h~l~'r~-.]' 'Kell~m- ~'- ,.-~ -
CommissIoner of the Revenue
'"~eshe'L'-Ldiey
C~ty Attorney
were approved by the Council of the
day of tvlA¥ ,19 99
Ruth Hodges Smith
City Clerk
FORM NO C A 8 REV 3/1~
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 hcense refunds, upon certification
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
WlRTH DEVELOPMENT CORP
WYNGATE GROUP INC THE
1069 VENTURES LC
3 D COMPUTER & GAMING INC
1999 04/14/99 50 oo 0 oo 50 oo
1999 03/26/99 227 oo 0 00 227 00
1999 04/16/99 15 11 0 oo 15 11
1999 04~06~99 50 oo 0 oo 50 oo
This ordinance shall be effective from date of
adoption
The above abatement(s) totahng
C~ty of V~rg~ma Beach on the
$342 11
25th
Certified as o p en '
P~hl~ J/l'(ellam ....
Commissioner of the Revenue
heSSe L"L'f[ley
C~ty Attorney
were approved by the Councd of the
day of NAY ,19 99
Ruth Hodges Smith
C~ty Clerk
I
FORM NO C A 8 REV 3/86
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 apphcabons for hcense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
A M FOHL INC 04/29/99
AAMES FUNDING CORPORATION 04/28/99
ADVANCE VIDEO SERVICE INC 04/23/99
AMBIENT AIR CARE INC 04/29/99
ANA BOAT DOC OF VIRGINIA INC 1999
ANCHOR FINANCIAL GROUP INC 04/28/99
BREEZE-IN INCORPORATED 04/30/99
BULLARD RANDALL K 1999
CARDINAL SIGN CORP 1999
CAVALIER MAINTENANCE SERVICES 1999
CHINA GARDEN RESTAURANT INC 04/23/99
C JET CORPORATION 1999
CLARK ERNEST G 1999
DALAI MOHAMAD 1999
DIAZ RICARDO 1999
·
DONNELLY BRUCE R 1999
F & R ASSOCIATES LLC 1999
FOOD LION STORES INC 04/30/99
INSIGHT GROUP INCORPORATED (THE) 1999
ISSUES & ANSWERS NETWORK INC 1999
LANYI KEITH G 1999
LECLAIRE LINDA ANN 1999
MASSEY ENTERPRISES INC 1999
MCCUTHEON TROY L 1999
NOCELO ROBERT & ESPERANZA 04/29/99
PACIFIC AVENUE COMPANY 1999
PRINCESS ANNE PLUMBING & ELECTRICAL SU 1999
AUDIT 100 00 5 42 105 42
AUDIT 1,012 50 0 00 1,012 50
AUDIT 227 42 68 65 296 07
AUDIT 37 06 3 74 40 80
04/22/99 50 22 0 00 50 22
AUDIT 10 00 0 00 10 00
AUDIT 1,831 22 183 04 2,014 26
05/01/99 80 00 0 00 80 00
05/01/99 676 49 0 00 676 49
05/04/99 220 00 0 00 220 00
AUDIT 956 71 95 63 1,052 34
04/23/99 1,447 94 0 00 1,447 94
04/29/99 5 66 0 00 5 66
04/26/99 9 50 0 00 9 50
04/26/99 53 84 0 00 53 84
04/22/99 19 58 0 00 19 58
04/30/99 10 00 0 00 10 00
AUDIT 24,354 75 2,442 92 26,797 67
04/22/99 69 14 0 00 69 14
05/03/99 1,149 83 0 00 1,149 83
05/03/99 2 35 0 00 2 35
04/28/99 40 00 0 00 40 00
04/24/99 54 46 0 00 54 46
05/08/99 50 00 0 00 50 00
AUDIT 329 55 26 95 356 50
05/04/99 3 01 0 00 3 01
05/01/99 90 51 0 00 90 51
Th~s ordinance shall be effecbve from date of
adopbon
The above abatement(s) totahng
City of V~rg~ma Beach on the
$35,718 09
25th
,~llam
Commissioner of the Revenue
..~she'L~'L,iley C~ty Attorney
were approved by the Council of the
day of MAY ,19 99
Ruth Hodges Smith
C~ty Clerk
FORM NO C A 8 REV 3/86
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 I~cense refunds, upon cert~flcabon
of the Commissioner of the Revenue are hereby approved
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
POMEROY STEPHEN A
PORTSIDE IMPORTS VA BEACH
ROBERT E TITCOM O D P C
SCHLEGEL ROBERT E
SOLAR SERVICES INC
TIDEWATER BEVERAGE SERVICE INC
TOWNE DEVELOPMENT CORP
UNITED FIRST MORTGAGE INC
WAGENBRENNER DAVID
WISE RECYCLING LLC
YATES OVERHEAD DOOR CO INC
YI SUN YONG
1999 12/30/99 8 81 0 00 8 81
04/28/99 AUDIT 390 40 39 02 429 42
1999 05/03/99 5 86 0 00 5 86
1999 04~22~99 119 61 0 00 119 61
1999 05/01/99 93 17 0 00 93 17
1999 05/01199 190 54 0 00 190 54
1999 05/03/99 1.469 31 0 00 1,469 31
04~29~99 AUDIT 615 19 0 00 615 19
1999 04~23~99 4 50 0 00 4 50
1999 04~23~99 193 06 0 00 193 06
1999 04/20/99 51 57 0 00 51 57
04~23~99 AUDIT 440 35 44 02 484 37
Th~s ordinance shall be effecbve from date of
adopbon.
The above abatement(s) totaling
C~ty of V~rgima Beach on the
$3,665 41
251:h
p J ,Kellam
Commissioner of the Revenue
C~ty Attorney
were approved by the Council of the
day of tviA¥ ,19 99
Ruth Hodges Smith
C~ty Clerk
Item V-I
- 28 -
PUBLIC HEARING
ITEM # 4502 7
PLANNING
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on'
PLANNING
1. DeFORD LIMITED
STREET CLOSURE
2. MAHMOND SHEHADEH-
ROSEMONT SHELL, INC.
CONDITIONAL USE PERMIT
3. RAYMOND E. CHAPUT
CONDITIONAL USE PERMIT
4. TREE OF LIFE CHRISTIAN FELLOWSHIP
CONDITIONAL USE PERMIT
5. FIRST CHURCH OF GOD OF VIRGINIA BEACH
CONDITIONAL USE PERMIT
6. FRANCIS ASB UR Y ME THODIS T CHUR CH
CONDITIONAL USE PERMIT
7. ROBERT G. AND DONNA S. BREWER
CONDITIONAL CHANGE
OF ZONING
CONDITIONAL USE PERMIT
8. GILLIAM GROUP ASSOCIATES
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
9. M AND M DEVELOPMENT ASSOCIATES, L.L. C.
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL CHANGE OF
ZONING
10. TURNER AND ASSOCIATES REALTY, INC.
CONDITIONAL CHANGE OF
ZONING
11. B G CONSTRUCTION CORPORA TION,
CONDITIONAL CHANGE OF
ZONING
12. PA CE CONSTRUCTION & DEVELOPMENT CORP.
CONDITIONAL CHANGE OF
ZONING
13. CITY ZONING ORDINANCE AMENDMENT
Section 801?re hair care
centers in the 0-1 and
0-2 Districts.
May 25, 1999
Item V-L
PUBLIC HEARING
PLANNING
- 29 -
ITEM # 45028
Upon motion by Vice Mayor Sessoms, seconded by Councdman Harrtson, Cay Counctl APPROVED in one
motton Items 1, 2, 3, 4, 5, 6, 8 and 13 of the PLANNING BY CONSENT
Item 2 was APPROVED, BY CONSENT, with addtttonal condittons
Vottng 10-0
Council Members Vottng Aye.
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wtlliam D Sessoms, Jr and A
M "Don" Weeks
Counctl Members Voting Nay.
None
Counctl Members Absent
Harold Hetschober
May 25, 1999
Item V-I.
PUBLIC HEARING
PLANNING
- 30-
ITEM # 45029
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Harrison, Ctty Counctl AUTHORIZED
FINAL APPROVAL of the Ordtnance upon apphcatton of DeFORD LIMITED, a Vtrgtnta Corporatton,
for the chsconttnuance, closure and abandonment ora portton of Wtshart Potnt
Ordinance upon applicatton of DeFord Ltmtted, a Vtrgtnta Corporatton for
the dtsconttnuance, closure and abandonment of a portton of Wtshart Potnt
Court beginning on the Eastern boundary of Battle Royal Ctrcle and
runntng tn an easterly chrectton a &stance of 538 18 Satd parcel ts 30feet
tn wtdth and contatns 14, 711 square feet DISTRICT 4 - BA YSIDE
Voting. 10-0 (By ConsenO
Counctl Members Vottng Aye.
Linwood O. Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wtlliam D Sessoms, Jr and A.
M "Don" Weeks
Councd Members Voting Nay
None
Counctl Members Absent
Harold Heischober
May 25, 1999
- 31 -
Item VJ. 2.
PUBLIC HEARING
ITEM # 45029
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Harrtson, Ctty Counctl ADOPTED
Ordtnance upon apphcatton of MAHMOND SHEHADEH-ROSEMONT SHELL, INC for a Conchttonal
Use Permit
ORDINANCE UPON APPLICATION OF MAHOND SHEHADEH-
ROSEMONT SHELL, INC, FOR A CONDITIONAL USE PERMIT
R05992270
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Mahmond Shehadeh - Rosemont Shell Inc ,
for a Conchtional Use Permit for an automobtle servtce station (auto repatr)
at the northeast corner of Rosemont Road and South Plaza Trtal Said
parcel is located at 300 South Rosemont Road and contatns 31,851 square
feet DISTRICT3 - ROSE HALL
The following conchttons shall be requtred
The project shall be developed as depicted on the submttted site
plans and rendertngs presented to the City Counctl and on file in
the Planntng Department
No outstde storage vehicles or outside repatr work shall be
permttted All vehtcles scheduled for repair must be stored tnstde
the service bays when the repair facthty ts closed. No auto body
work ts permitted
The Zoning Admtntstrator has tnchcated that there are two non-
conformtng free-stan&ng stgns located on the stte The stgns
shall be removed and replaced wtth a single
monument style stgn wtth landscaptng.
Addtttonal plant matertal, to include low level shrubs and
annuals, shall be added to the extsttng grassed areas along the
road frontage Year round shrubs shah be included.
5. There shall be no truck rental allowed
This Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgtma, on the Twen_ty-_~fth ofMa¥,Ntneteen Hundred
and Ntnety-Ntne
Vottng. 10-0 (By ConsenO
Council Members Voting Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrison, Jr,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor Wtlham D Sessoms, Jr and A
M "Don" Weeks
Counctl Members Vottng Nay
None
Counctl Members Absent:
Harold Hetschober
May 25, 1999
Item VJ. 3
- 32 -
PUBLIC HEARING
ITEM # 45030
PLANNING
Carter McCrowell, 236b Mustang Tratl, hone 498-3602, represented the applicant and requested the
Conditton #2 be deleted
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrtson, City Counctl ADOPTED an
Ordtnance upon apphcatton of RA YMOND E. CHAPUT for a Condtttonal Use Permtt
ORDINANCE UPON APPLICA TION OF RAYMOND E CHAP UTFOR A
CONDITIONAL USE PERMIT FOR A COMMERCIAL RECREATIONAL
FACILITY OTHER THAN OF AN OUTDOOR NATURE R05992271
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Raymond E Chaput for a Condtttonal Use
Permit _for a commerctal recreational facili_ty other than of an outdoor
nature on the east stde of Ferry Plantatton Road, north of Honeygrove
Road Satd parcel ts located at 1036 Ferry Plantatton Road and contams
1 696 acres DISTRICT 4 - BA YSIDE
The following con&tions shall be requtred
The stte development shall be tn substanttal accordance with the
submitted site plan tttled "Haygood Skating Center", dated
February 15, 1999 and prepared by Boundary First, P C The
development shall also be in accordance wtth the elevattons and
matertals submttted with the conchttonal use permit apphcatton
and on ftle with the Planmng Department
The extsttng sign ts to be removed and replaced wtth a brick
monument type stgn The locatton and stze shall be tn accordance
wtth the Ctty's Zoning Ordtnance requtrements
Examples of the proposed wall graphtcs for the exterior walls are
to be submitted to the Planntng Dtrector for revtew and approval
Prtor to the commencement of any land disturbance acttvtty on
thts stte, an erosion control plan must be approved by the
Development Services Center An approprtate surety must be
posted prtor to the issuance ora land chsturbtng permtt
Security ts to be provtded outstde the facdttyfrom one hour before
closing unttl one-half hour after closmg.
The apphcant must secure a vartance from the Board of Zomng
Appeals for the deficiency tn the requtred parktng
Thts Ordinance shall be effective tn accordance with Section 107 ~ of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Virginia, on the Twen _tv-fifih of Ma¥,Ntneteen Hundred
and Ninety-Ntne
May 25, 1999
Item V-I.3
- 33 -
PUBLIC HEARING
ITEM # 45030 (Continued)
PLANNING
Voting 10-0 (By ConsenO
Council Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L. Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and A
M "Don" Weeks
Council Members Vottng Nay:
None
Council Members Absent'
Harold Heischober
May 25, 1999
Item V-L4.
- 34-
PUBLIC HEARING
ITEM # 45031
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councilman Harrtson, City Counctl ADOPTED an
Ordinance upon apphcatton of TREE OF LIFE CHRIS TIANFELLO WSHIP for a Condtttonal Use Permit
ORDINANCE UPON APPLICATION OF TREE OF LIFE CHRISTIAN
FELLOWSHIP FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R05992272
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Tree of Ltfe Chrtsttan Fellowshtp for a
Conditional Use Permtt for a church on the east side of Princess Anne Road,
5 74 feet north of Wtndsor Oak Boulevard Said parcel ts located at 4402
Princess Anne Road and contatns 1 995 acres DISTRICT 2 -
KEMPSVILLE
The followtng condition shall be requtred.
1 This conchtional usepermtt ts vahdfor three (3)years
This Ordinance shall be effecttve tn accordance with Section 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrginta, on the Twen~-fifih of MaY, Nineteen Hundred
and Ntne_ty-Ntne
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Linwood O. Branch, III, Margaret L. Eure, Wtlham W. Harrtson, Jr,
Barbara M. Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E.
Oberndorf Nancy K. Parker, Vtce Mayor Wtlliam D Sessoms, Jr and A
M "Don" Weeks
Council Members Voting Nay'
None
Counctl Members Absent
Harold Hetschober
May 25, 1999
Item V-L5
- 35-
PUBLIC HEARING
ITEM # 45032
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrison, Ctty Counctl ADOPTED an
Ordtnance upon applicatton of FIRST CHURCH OF GOD OF VIRGINIA BEACH for a Condtttonal Use
Permit
ORDINANCE UPON APPLICATION OF FIRST CHURCH OF GOD OF
VIRGINIA BEA CH FOR A CONDITIONAL USE PERMIT FOR A CHUR CH
(EXPANSION) R059922 73
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Ftrst Church of God of Vtrgtnta Beach for
a Conchttonal Use Permit for a church (expanston) on the south stde of
Holland Road, east of South Plaza Trail Satd parcel ts located at 4141
Holland Road and contains 2 38 acres DISTRICT 3 - ROSE HALL
The following conditions shall be requtred
The stte development shall be tn substanttal accordance wtth the
submttted stte plan titled, "&te Plan of First Church of God,"
dated February 24, 1999, andprepared by Horton and Dodd, P C
The site development shall also be tn accordance with the
submttted rendertngs of the same title and prepared by Cosco and
Assoctates, Incorporated
The mechamcal units, shown on the southwest elevatton, are to be
screened from the adjacent subchvtston This can be accomphshed
by etther conttnutng the parapet along thts side of the butldtng or
adding a wooden partttton wall to thts stde of the butldtng The
wall will need to be approxtmately 4- to 5 -foot tall
Prtor to the commencement of any land &sturbtng acttvtty, a
stormwater management plan (eroston control plan) shall be
submttted, revtewed and approved by the Development Services
Center Adequate surety shall be posted prtor to the tssuance of
a land chsturbtngpermtt
All landscaptng shall be provided in accordance wtth the Ctty
Zontng Ordtnance and the Stte Plan Ordtnance In addttton,
foundation landscaptng ts also requtred on the eastern stde of the
butldtngfor the first fifty feet (50') of the butldtng A mtntmum of
stx (6) Leyland Cypress (5foot to 6foot tall) shall be plantedjust
to the east of the stairway and to the rear of the butldtng
A fifteen-foot (15') right-of-way de&catton, for an ulttmate 120-
foot rtght-of-way on Holland Road, shall be dechcated to the Ctty
of Virginia Beach prior to the release of an approved stte plan for
this development
Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Ordinance
Adopted by the Counctl of the Ctty of Vtrgtma Beach, Vtrgima, on the Twenty-fifth of Ma¥, Ntneteen Hundred
and Ntnety-Nine
May 25, 1999
Item V-I. 5
- 36-
PUBLIC HEARING
ITEM # 45032 (Continued)
PLANNING
Vottng'
10-0 (By Consent)
Council Members Voting Aye.
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M. Henley, Louts R Jones, Reba $. McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and A
M "Don" Weeks
Counctl Members Voting Nay
None
Council Members Absent
Harold Hetschober
May 25, 1999
Item V-I. 6.
-37-
PUBLIC HEARING
ITEM # 45033
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Harrison, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of FRANCIS ASB UR YME THODIST CHURCH for a Conchttonal Use Permtt
ORDINANCE UPONAPPLICA TION OF FRANCIS ASB UR Y METHODIST
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
ADDITION R 059922 74
BE IT HE. BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcatton of Francis Asbury Metho&st Church for a
Condtttonal Use Permtt for a church addition on the west stde of north
Great Neck Road, south of Adam Keeling Road Said parcel is located at
18 71 North Great Neck Road and contatns 3.5 78 acres DISTRICT 5 -
L IqVNHA VEN
The following conchttons shall be required
The proposed church addttton and parktng shall adhere
substanttally to the stte plan entttled, "Prehmtnary Layout of
Butldtng Addttion for Francis Asbury Methodtst Church, "by Stte
Improvement Associates, Inc , dated 3/28/99
The proposed renovations and ad&tion shall adhere substanttally
to the submttted archttectural rendertng entttled, "Proposed
Addtttons and Renovattons for Francis Asbury Methodtst
Church," by HBA, dated 2/12/99, and match the extsttng structure
tn destgn, color and materials
The church wtll connect to the ctty sewer system by constructtng
a gravity sewer hne to the sttefrom the existtng, off-stte manhole
approxtmately 200feet away.
Stormwater runoff from the existtng tmpervtous surfaces on the
site shall be treated, at a minimum, for a l O percent reductton of
pollutant loachngs. The stormwater runoff from the proposed
development shall be treated for both quahty and quantity as
required by Ctty ordtnances
No land disturbance shall occur within the seaward fifty-foot (50')
of the buffer. Limits of land disturbance shall be clearly marked
on the stte plan The hmtts of land disturbance for the stormwater
management facdtty (BMP) shall be phystcally marked on the stte
with silt fence and/or orange fencing.
Fourteen (14) new trees shall be planted on thts site as mtttgatton
for the trees tmpacted by construction acttvtty
This Ordtnance shall be effective tn accordance with Section 107 09 of the Zoning Or&nance
Adopted by the Councd of the City of Vtrgtma Beach, Vtrgtma, on the Twen _ty-_~fih of Ma¥,Ntneteen Hundred
and Ninety-Ntne
May 25, 1999
Item V-I. 6.
- 38-
PUBLIC HEARING
ITEM # 45033 (Continued)
PLANNING
Vottng. 10-0 (By ConsenO
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and A
M "Don" Weeks
Council Members Vottng Nay'
None
Councd Members Absent.
Harold Hetschober
May 25, 1999
Item V-I. 7.
PUBLIC HEARING
PLANNING
- 39-
ITEM # 45034
Attorney R. Edward Bourdon, Pembroke One, 5tn Floor, Phone' 499-8971, represented the applicant
Matthew Brown, Manager - Brewer's East Restaurant, represented hls famdy
Upon motion by Council Lady Henley, seconded by Council Lady McClanan, City Council ADOPTED
Ordinances upon application of ROBERT G. AND DONNA S. BREWER for a Conditional Change of
Zoning and Conchtlonal Use Permit
ORDINANCE UPON APPLICATION OF ROBERT G AND DONNA S.
BREWER FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG-2 AGRICULTURAL DISTRICT TO CONDITIONAL B-IA
LIMITED COMMUNITY B USINESS DISTRICT Z05991132
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert G and Donna S Brewer for a
Change of Zomng District Classtficatlon from A G-2 Agricultural District to
Conchtional B-IA Limited Community Business District on certain property
located 4 70feet more or less north of North Landing Road, beginning at a
point 550 feet more or less east of George Mason Drive The proposed
zoning classtficatlon change to Conchtlonal B-IA is for low intensity
commercial land use The Comprehensive Plan designates this parcel as
being in the Transltton Area This area is planned for appropriate growth
opportumttes, conststent wtth the economic vitality policies of Vtrgtma
Beach in accordance with other Plan policies Satd parcel contains 3 9
acres PRINCESS ANNE- DISTRICT 7
The following condttion shah be required'
1 An Agreement encompasslngproffers shah be recorded with the
Clerk of Circmt Court
AND,
ORDINANCE UPON APPLICATION OF ROBERT G AND DONNA S
BREWER FOR A CONDITIONAL USE PERMIT FOR A SELF-STORAGE
FA CILITY R059922 75
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Robert G and Donna S Brewer for a
Condttional Use Permit for a self-storage facility on certain property
located 4 70feet more or less north of North Landtng Road, beginning at a
point 550 feet more or less east of George Mason Drive Said parcel
contains 3 9 acres PRINCESS ANNE - DISTRICT 7
The following conchtions shall be required.
In accordance with Section 23 7 of the City Zoning Ordinance, aH
outdoor lights shall be shielded to direct light and glare onto the
mini-warehouse premises, said lighting and glare shah be
deflected, shaded, and focused away from all adjoinlng property
Any outdoor hghtingfixtures shah not be erected any higher than
fourteen (14) feet
The approvedproject is for a mini-warehouse storage facdity No
businesses are to be operated from the proposed mini-storage
facility that require any work to be conducted on site No office
uses are to be operated from the site, with the exception of the
admtmstratlve office for the mini-warehouses
May 25, 1999
Item V-I. 7.
- 40 -
PUBLIC HEARING
ITEM # 45034 (Continued)
PLANNING
3. No outstde storage shah be permttted.
(New) The exterior surface of the walls of the building on all
four (4) sides shah be a reddish-brown brick as proffered with
the rezoning application.
The color of the stan&ng seam metal roof must be "Forest
Green ", as tndicated to the Historic Review Board at their March
18, 1999, meeting
6 All lighting for the site and on the building must be Colonial style
or ora style to be approved by the Director of Planmng
7 No barbed wire, razor wire or any other fencing devtces shall be
installed on the roof or walls of the building
o
The applicant will work with the Traffic Engineering office to
comply with the requirements of that office prlor to final site plan
review
The only Identtfication sign for this development shah be the
monument style sign as indicated on the submitted "LANDSCAPE
PLAN & BUILDING ELE VA TIONS OF JAMES MADISON SELF
STORA GE FOR NICHOLSON, INC , REAL TORS", prepared by
Porterfield Destgn Center
ADD 10.
The southern and eastern walls of the building and adjacent
landscaping shall be developed as depicted and described on the
"BUILDING ELEVATIONS OF JAMES MADISON SELF
STORA GE FOR NICHOLSON, INC., "prepared by Porterfield
Design Center.
This Ordinance shah be effecttve in accordance with Sectton 107 09 of the Zoning Ordinance
Adopted by the Council of the Ctty of Virglnla Beach, Virginia, on the Twen _ty-_~fth of May, Ntneteen Hundred
and Ninety-Nine
Voting: 5-4
Council Members Voting Aye
Harold Heischober, Barbara M Henley, Reba S McClanan, Mayor Meyera
E. Oberndorf and Nancy K Parker
Councd Members Voting Nay:
Linwood 0 Branch, III, Margaret L Eure, Louts R. Jones and A M. "Don"
Weeks
Council Members Abstatning
Vice Mayor William D Sessoms, Jr and Wdham W Harrison, Jr.
Council Members Absent
None
Vtce Mayor Sessoms ABSTAINED, as hts bank, Wachovta, has a hen on the property.
Councilman Harrison ABSTAINED, as his law firm represents Wachovia Bank.
May 25, 1999
Item V-I. 8.
PUBLIC HEARING
PLANNING
- 41 -
ITEM # 45035
Upon motton by Vice Mayor Sessoms, seconded by Councilman Harrison, City Counctl ADOPTED
Ordtnances upon apphcation of GILLIAM GROUP ASSOCIA TES for a Conchotnal Change of Zomng and
Condittonal Use Permtt'
ORDINANCE UPON APPLICA TION OF GILLIAM GR 0 UP ASSOCIATES
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-2
AND A-12 TO CONDITIONAL B-2 Z05991133
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of Gtlham Group Assoctates for a Change of
Zoning Dtstrtct Classtfication from B-2 Community Business Dtstrict and
A-12 Apartment Distrtct to Conchttonal B2-2 Communtty Business District
on the north stde of Vtrgtnta Beach Boulevard begtnntng at a point 140feet
more or less east of Shtpps Lane. The proposed zontng classtficatton change
to Conditional B-2 ts for commerctal retail land use The Comprehenstve
Plan recommends the stte zoned A-12 to be used as multt-famtly and the
sttes zoned B-2 to be used as commerctal retatl use tn accordance wtth other
Plan polictes Satd parcel contatns 9 73 acres. BEACH- DISTRICT 6
The followtng conditton shall be requtred:
1 An Agreement encompasstngproffers shall be recorded with the
Clerk of Circutt Court
AND,
ORDINANCE UPON APPLICA TION OF GILLIAM GR 0 UP ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR MINI-WAREHOUSES
R05992276
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcation of Gtlliam Group Assoctates for a Condittonal
Use Permit for mint-warehouses on certain property located on the north
stde of Virginta Beach Boulevard beginning at a potnt 140feet more or less
east of Shtpps Lane Satd parcel contastn 9 73 acres DISTRICT6- BEACH
The following condtttons shall be required
The site shall be developed tn accordance with the stte plan
entitled, "Prehmtnary Layout for Amertcan Classic Self Storage
Facthttes, dated 3/26/99, prepared by &te Improvement
Assoctates, Inc, whtch has been exhtbtted to City Counctl and is
on file wtth the Vtrgtnta Beach Planning Department The stte
plan may be revtsed to accommodate a fifteen-foot (15') buffer
along property lines abutttng A-12 zoning if a variance is not
granted by the Board of Zontng Appeals. However, all warehouse
butldtngs must rematn at least sixty feet (60')from the top-of-
bank Top-of-bank ts referenced on the stte plan as "RPA Line ".
There shall be no land &sturbance withtn fiftyfeet (50') of the top-
of-bank Wtth the exceptton of the out. fall, the stormwater
management facthty shall not be located wtthin fifty feet (50') of
the top-of-bank This undisturbed area shall rematn tn a natural
state to include leaf htter left intact The outfall may requtre a
Joint Permtt Applicatton submisston to the apphcable federal,
state, and local ttdal wetlands authorities.
May 25, 1999
- 42 -
Item V-I. 8.
PUBLIC HEARING
PLANNING
ITEM # 45035 (Continued)
Dual erosion and se&ment controls shall be tnstalled prtor to any
land chsturbance.fiftyfeet (50'.)from the top-of-bank In addttton,
orange safety fenctng shall be installed to delineate the ltmtts of
construction
Landscaptng shall be installed as tndtcated on the submttted
Landscape Plan prepared by Kathleen Zeren, dated 3/30/99,
whtch has been exhtbtted to Ctty Counctl and ts on file wtth the
Vtrgtnta Beach Planntng Department.
The archttectural destgn and matertals of the office/manager
residence budding shall be constructed as depicted tn the
submttted enlarged photograph The front gates shall be black
aluminum metal "wrought tron" style.
Only one entrance shall be permitted to the site Thts entrance
shall be 30 to 40feet in width, with a rachus of 25 feet
7 These condtttons shall be noted on the final site plan
These Ordtnance shall be effecttve in accordance wtth Section 107 (f) of the Zontng Ordtnance.
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twen _tF-fifih of Ma¥, Nineteen Hundred
and Ntnety-Ntne
Voting 10-0 (By Consent)
Counctl Members Vottng Aye:
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrison, Jr,
Barbara M. Henley, Louts R Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wtlliam D. Sessoms, Jr and A
M "Don" Weeks
Counctl Members Voting Nay
None
Counctl Members Absent'
HaroM Hetschober
May 25, 1999
Item V-I. 9.
- 43 -
PUBLIC HEARING
ITEM # 45036
PLANNING
R J McGtnnis, General Booth, represented the applicant- developer
Attorney R J. Nutter, II, 4425 Corporatton Lane, Phone' 518-3200, represented the apphcant
Glenn Tatnter 2140 Kenwood Drive, Phone' 427-1929, President- Courthouse/Sandbridge Coahtton
The followtng spoke tn OPPOSITION:
Beverly Sawyer, 223 7 General Booth Boulevard, Phone: 42 7-3283
Judy G White, 2252 General BoothBoulevard, Phone 426-7807
A MOTION was made by Council Lady Henley, seconded by Counctlman Branch, to DENY Ordinances
upon apphcatton of M and M DEVELOPMENT ASSOCIA TES, LL. C., for Condtttonal Change of Zomng
Distrtct Class{fications (PRINCESS ANNE - DISTRICT 7)
Upon SUBSTITUTE MOTION by Vtce Mayor Sessoms, seconded by Councilman Harrison, Ctty Council
ADOPTED Ordinances upon apphcatton of M and M DEVELOPMENT ASSOCIATES, L.L.C., for
Conditional Change of Zomng Dtstrtct Classtficattons (PRINCESS ANNE- DISTRICT 7)'
ORDINANCE UPON APPLICATION OF M AND M DEVELOPMENT
ASSOCIATES, L LC FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FR OM A G-1 AND AG-2 AGRICULTURAL DISTRICT
AND R-20 TO CONDITIONAL 0-1 Z05991134
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcation of M and M Development Associates, L L C for
a Change of Zontng Dtstrtct Classtficatton from AG-1 and AG-2
Agricultural District and R-20 Residenttal Dtstrtct to Conditional 0-1
Office District on the following parcels
Parcel 1'
West stde of General Booth Boulevard beginning at a
potnt 830feet more or less South of Ferrell Parkway
Parcel 2
West side of General Booth Boulevard begtnntng at a
potnt 480feet more or less North of Huckleberry Tratl
The proposed zomng classtficatton change to Condtttonal 0-1 ts for office
land use The Comprehensive Plan recommends use of thts parcel for
suburban restdenttal/low density at denstttes that are compattble wtth stngle
famtly use tn accordance wtth other Plan pohctes. Satd parcels contatn 3
acres. DISTRICT 7 -PRINCESS ANNE
1 An Agreement encompassmgproffers shall be recorded wtth the
Clerk of Ctrcutt Court.
AND,
May 25, 1999
- 44-
Item V-I. 9.
PUBLIC HEARING
ITEM # 45036 (Continued)
PLANNING
ORDINANCE UPON APPLICATION OF M AND M DEVELOPMENT
ASSOCIATES, L L C FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 and AG-2 AGRICULTURAL DISTRICTS
AND R-20 TO CONDITIONAL A- 18 Z0599I 135
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon apphcatton of M and M Development Assoctates, L.L C for
a Change of Zomng Dtstrict Class~ficatwn from AG-1 and AG-2
Agrwultural Dtstncts and R-20 ResMential Dtstrtct to Conditwnal A-18
Apartment Dtstrwt on certain property located on the northwest sMe of
General Booth Boulevard 250feet more or less south of Ferrell Parkway
The proposed zonmg class~ficatwn change to/ConditwnalA-18 ts for multt-
famdy resMenttal land use at a density no greater than 18 dwelhng umts per
acre The Comprehenstve Plan recommends use of thts parcel for suburban
resMenttal/low denstty at densmes that are compattble wtth smgle famdy
use in accordance wtth other Plan pohctes
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Circmt Court
These Ordinances shall be effecttve tn accordance wtth Sectton 107 (1) of the Zomng Or&nance
Adopted by the Counctl of the City of Vtrgtma Beach, Vtrginta, on the Twen_ty-fifth of May, Nineteen Hundred
and Nine_ty-Nine
Voting: 6-4
Council Members Vottng Aye
Margaret L Eure, Wdham W Harrtson, Jr, HaroM Hetschober, Reba S
McClanan, Vice Mayor Wtlham D Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay.
Ltnwood 0 Branch, III, Barbara M Henley, Nancy K Parker and Mayor
Meyera E Oberndorf
Counctl Members Abstatntng
Louts R. Jones
Council Members Absent.
None
Counctlman Jones ABSTAINED pursuant to Sectton 2 1-639 14(E), Code of Vtrgtnta, he owns property
located on Prtncess Anne Road directly across the street from the parcels which are the subject of the
apphcattons His property ts valued tn excess of $10, 000 The Ctty Attorney has advtsed he ts a member of
a group, the members of which could be affected by any action taken by Counctl on the apphcattons.
Councilman Jones wishes to dtsclose thts interest and ABSTAIN from parttctpatton tn City Counctl's
dtscusston and vote on the apphcattons Councilman Jones' letter of April 27, 1999, ts hereby made apart
of the record
May 25, 1999
Item Vd. lO.
- 45-
PUBLIC HEARING
ITEM # 4503 7
PLANNING
Attorney Bill Bischoff, 512 Bushmell Drive, represented the applicant and presented petittons in support of
the Food Lton expansion
Donme Powell, 1421 New Mall Drtve, Chesapeake, Phone' 458-2961, represented Food Lion
Glenn Tainter, 2140 Kenwood Drtve, Phone 427-1929, represented the Courthouse/Sandbridge Coahtton
of Ctvtc Organizattons and regtstered in OPPOSITION
A MOTION was made by Councd Lady Henley, seconded by Councd Lady Parker to DENYan Or&nance
upon applicatton of TURNER & ASSOCIATES REALTY, INC for a Condtttonal Change of Zontng,
Upon SUBSTITUTE MOTION by Councdman Harrtson, seconded by Councdman Jones, Ctty Councd
ADOPTED an Ordinance upon apphcatton of TURNER & ASSOCIA TES REAL TY, INC for a Conchttonal
Change of Zoning
OI~INANCE UPON APPLICATION OF TURNER & ASSOCIATES
REALTY, INC FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO CONDITIONAL B-2 Z05991136
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatton of Turner &Assoctates Realty, Inc for a
Change of Zontng Dtstrtct Classtficatton from A G-2 Agricultural Dtstrtct to
Conditional B-2 Community Business District on certatn property located
on the south stde of Sandbrtdge Road at tts tntersectton with Patnters Lane
The proposed zontng classtficatton change to Condtttonal B-2 ts for
commercial land use The Comprehenstve Plan destgnates thts parcel as
betng tn the Transttton area This area ts planned for approprtate growth
opportuntttes, conststent wtth the economic vttahty pohctes of Vtrgtnta
Beach tn accordance with other Plan pohctes Satd parcel contains 2 148
acres DISTRICT 7 - PRINCESS ANNE
The followtng condition shall be requtred.
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcuit Court
Thts Ordinance shall be effective in accordance wtth Sectton 107 (f) of the Zomng Ordtnance.
Adopted by the Councd of the Ctty of Vtrgtma Beach, Virgtnia, on the Twen~-fifth of Ma¥, Ntneteen Hundred
and NmetF-Ntne
May 25, 1999
Item V-110
- 46-
PUBLIC HEARING
ITEM # 4503 7 (Continued)
PLANNING
Vottng. 7-3
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr,
HaroM Hetschober, Louts R. Jones, Reba S. McClanan, Mayor Meyera E
Oberndorf
Council Members Vottng Nay.
Barbara M Henley, Nancy K Parker and A M "Don" Weeks
Council Members Abstatntng.
Vtce Mayor Wdham D Sessoms, Jr
Counctl Members Absent
None
Vice Mayor Sessoms ABSTAINED as his bank has a loan on some of the property owned by Prtncessboro
Development Company.
May 25, 1999
Item V-I. 11
-47-
PUBLIC HEARING
ITEM # 45038
PLANNING
Attorney Edward Bourdon, Pembroke One, 5'h Floor, Phone 499-8971, represented the apphcant and
presented pettttons tn SUPPORT of the apphcatton
John 0 Venner, 1404 Crystal Parkway, Phone 437-1407, an apphcant
The followtng regtstered tn OPPOSITION.
Jacquehne K. Bonney, 2356 Prtnces Anne Road, Phone 427-3602, presented pettttons tn OPPOSITION
Bill Snow, 2360 Prtncess Anne Road, Phone. 430-1965
Donavan Bonney, 2356 Prtncess Anne Road, Phone' 427-3602
A MOTION was made by Councd Lady Henley, seconded by Mayor Oberndorfto DENY an Ordinance
upon apphcatton of BG CONSTRUCTION, a Vtrgtma Corporation, for a Con&ttonal Change of Zomng
Voting.
3-8 (MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Vottng Aye
Barbara M Henley, Mayor Meyera E Oberndorf and Nancy K Parker
Council Members Vottng Nay
Ltnwood O. Branch, III, Margaret L. Eure, William W Harrtson, Jr,
Harold Hetschober ,Louts R Jones, Reba S. McClanan V~ce Mayor Wdham
D Sessoms, Jr and A M "Don" Weeks
Council Members Absent
None
May 25, 1999
Item V-I. 11
- 48-
PUBLIC HEARING
ITEM # 45038 (Continued)
PLANNING
Upon motion by Counctl Lady Eure, seconded by Vtce Mayor Sessoms, City Counctl ADOPTED an
Ordinance upon apphcation of BG CONSTRUCTION, a Vtrgtnta Corporation, for a Conchttonal Change
of Zomng'
ORDINANCE UPON APPLICATION OF BG CONSTRUCTION
CORPORATION, A VIRGINIA CORPORATION FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 AND AG-2 TO
CONDITIONAL R-lO Z0599113 7
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcation of BG Constructton Corporatton, a Vtrgtnta
Corporatton for a Change of Zoning Dtstrtct Class~catton from AG-1 &
AG-2 Agricultural Dtstrtcts to Conchttonal R-10 Restdenttal Dtstrtct wtth
Htstortc and Cultural Dtstrtct Overlay on certain property located at the
northeast corner of Holland Road and Prtncess Anne Road The proposed
zontng class~catton change to Conchttonal R-10 ts for stngle family
restdenttal land use on lots no less than 10,000 square feet The
Comprehenstve Plan recommends use of thts parcel for suburban
restdenttal/low density at denstttes that are compattble with stngle famtly
use tn accordance with other Plan policies Satd parcel contatns 14 83
acres PRINCESS ANNE- DISTRICT 7
The following conchtion shall be required.
1 Agreement encompasstng proffers shall be recorded with the
Clerk of the Ctrcutt Court
This Ordtnance shall be effecttve in accordance wtth Sectton 107 (f) of the Zomng Ordtnance
Adopted by the Council of the City of Vtrgtnta Beach, Vtrgima, on the Twen _ty-_~fth of Ma¥, Nineteen Hundred
and Ninety-Nine
Vottng' 8-3
Council Members Voting Aye:
Linwood O. Branch, III, Margaret L Eure, Wdliam W. Harrison, Jr,
Harold Hetschober ,Louts R Jones, Reba S. McClanan Vtce Mayor Wtlliam
D Sessoms, Jr and A M "Don" Weeks
Counctl Members Vottng Nay:
Barbara M Henley,, Mayor Meyera E Oberndorf and Nancy K
Parker
Counctl Members Absent'
None
May 25, 1999
Item V-L 12
- 49 -
PUBLIC HEARING
ITEM # 45038
PLANNING
James E. Morns, gtce President/Secretary - Pace Construction & Development Corporatton
Gerry Porterfield, Porterfield Destgn Group, 905 Clear Sprmgs Court, Chesapeake, Phone 458-4852,
represented the apphcant.
Upon motion by Councd Lady Henley, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED an
Ordinance upon apphcatton of PACE CONSTRUCTION & DEVELOPMENT CORPORATION for a
Conchttonal Change of Zontng
ORDINANCE UPON APPLICATION OF PA CE CONSTRUCTION &
DEVELOPMENT CORPORATION FOR A CHANGE OF ZONING
DISTRICT CLASSIFICA TION FR OMA G- 1 AND A G-2 TO CONDITIONAL
R-15 Z05991138
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Pace Constructton& Development
Corporatton for a Change of Zontng Dtstrtct Classtficatton from AG-1 &
AG-2 Agrtcultural Dtstrtcts to Condittonal R-15 Restdenttal Dtstrtct on
certatn property located on the west side of lnchan Rtver Road beginning at
a point 7640feet more or less south of Elbow Road The proposed zontng
classtficatton change to Conditional R-15 ts for smgle famtly restdenttal
land use on lots no less than 15,000 square feet The Comprehenstve Plan
recommends use of this parcel for suburban restdential/low density at
denstttes that are compatible wtth stngle family use tn accordance wtth other
Plan pohctes. Satd parcel contains 41 9 acres PRINCESS ANNE -
DISTRICT 7
The followtng con&tton shah be required
1 Agreement encompassing proffers shall be recorded wtth the
Clerk of the Circutt Court and ts hereby made apart of the record
This Ordtnance shah be effecttve in accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Twen~-fifth of Ma¥, Nineteen Hundred
and Ntne~-Ntne
Voting 11-0
Council Members Voting Aye.
Linwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and A M "Don" Weeks
Council Members Vottng Nay'
None
Counctl Members Absent.
None
May 25, 1999
Item VJ. 13
- 50-
PUBLIC HEARING
ITEM # 45039
PLANNING
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Harrison, Ctty Councd ADOPTED
Ordinance to AMEND Section 801 of the Ctty Zontng Ordtnance re hair
care centers as a condittonal use tn the 0-1 and 0-2 Office Dtstrtcts
Voting:
10-0 (By ConsenO
Councd Members Vottng Aye:
Ltnwood O. Branch, III, Margaret L Eure, Wdham W. Harrtson, Jr,
Barbara M. Henley, Louis R Jones, Reba S McClanan, Mayor Meyera E
Oberndorf, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr and A
M "Don" Weeks
Councd Members Vottng Nay
None
Counctl Members Absent
Harold Heischober
May 25, 1999
AN ORDINANCE TO AMEND SECTION 801 OF THE CITY
ZONING ORDINANCE BY ALLOWING HAIR CARE CENTERS
AS A CONDITIONAL USE IN THE O-1 AND 0-2 OFFICE
DISTRICTS
SECTION AMENDED: CZO § 801
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 801 of the City Zoning Ordinance is hereby
9 amended and reordained to read as follows:
10 Sec. 801. Use regulations.
11
(a) Principal and conditional uses. The following chart lists
12 those uses permitted within the O-1 and 0-2 Office Districts. Those
13 uses and structures in the respective Office Districts shall be
14 permitted as either principal uses indicated by a "P" or as
15 conditional uses indmcated by a "C." Uses and structures indicated
16 by an "X" shall be prohibited in the respective districts. No uses
17 or structures other than as specified shall be permitted.
18 Use O1 02
19
20 Hair care centers includinq
21 barber shops and beauty salons
22
23
(b) Accessory uses and structures. Uses and structures which
24 are customarily accessory and clearly incidental and subordinate to
25 principal uses and structures, mnclud~ng but not l~mmted to:
26
(1) As appropriate to the principal use, ethical pharmacies,
27
dental laboratories, and the fztt~ng and sale of
28
eyeglasses, hearing aids, prosthetic appliances, and the
29
like, provided that no such accessory use in combination,
30
shall occupy more than ten (10) percent of the total
31 floor area involved in the principal use.
32 Adopted by the City Council of the City of Virginia Beach,
33
34
35
36
37
38
Virginia, on this 25th day of May, 1999.
CA- 7282
DATA/ORD IN / PRO POSED / 45 - 0801. ORD
R-2
PREPARED: March 5, 1999
Item V-d. 1.
- 51 -
APPOINTMENTS
ITEM # 45040
B Y CONSENSUS, Ctty Counctl RESCHEDULED:
HEAL TH SER VICES AD VISOR Y BOARD
May 25, 1999
Item V-J.2.
- 52 -
APPOINTMENTS
ITEM # 45041
Upon NOMINATION by Vice Mayor Sessoms, Ctty Councd REAPPOINTED:
Robert K. Dean
CHESAPEAKE BA Y ASAP POLICY BOARD
3-Year Term 07/01/99- 06/30/2002
Vottng 11-0
Counctl Members Voting Aye:
Ltnwood 0 Branch, III, Margaret L Eure, Willtam W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S. McClanan,
Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor Wtlltam D
Sessoms, Jr and A M "Don" Weeks
Counctl Members Voting Nay:
None
Councd Members ~4bsent'
None
May 25, 1999
Item V-J. 3.
- 53 -
APPOINTMENTS
ITEM # 45042
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Catherine H. Giordano
Unexpired term thru 9/30/99 plus 5-Year Term 10/01/99- 09/30/2004
WETLANDS BOARD
Voting 11-0
Council Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wilham W Harrison, Jr,
Harold Hetschober, Barbara M Henley, Louts R Jones, Reba S McClanan,
Mayor Meyera E Oberndorf Nancy K. Parker, Vice Mayor Wtlham D
Sessoms, Jr and A M "Don" Weeks
Council Members Voting Nay
None
Council Members Absent
None
May 25, 1999
Item V-K. 1.
- 54 -
UNFINISHED BUSINESS
ITEM # 45043
Councdman Weeks &strtbuted a copy ofhts statement tn response to remarks of Counctlman Harrtson during
the Ctty Counctl Session of May 11, 1999, regarding Tidewater Regional Transit Counctlman Weeks stated
he had spoken (the comments of concern) and was commentmg as a layman, ustng the term genertcally, not
to descrtbe the Commtsstoners or thetr actions, but to descrtbe hts concern over TRTmanagement's devtatton
from standard management and poltcy practtces Said remarks are hereby made apart of the record
May 25, 1999
Statement by Councilman A. M. (Don) Weeks
May 25, 1999
Madam Mayor, ~f I may. I would like to take this opportunity to briefly respond to
remarks Councilman Harnson made two weeks ago regarding news accounts of my
statements about Tidewater Regional Trans~.
Mr Harnson called me last week ancl pnvately apologized . I applaud h~m for being
so forthnght w~h me. And Bill ... I accept your apology. You were very gracIous.
I may have mis-spoken ... in the strict legal definition of the worci 'corrupt' .. ~n
describing problems I'd discovered at TRT
When I made the statements, I wa6 ccmmenting as a layman, using the term
generically .. not to de~=ribe the commissioners or their actions ... but to de~cribe my
concern over TRT management's dewation from s~ndard, norm~ anti ~
management and policy practices.
These include.
· Awarding a personnel engineenng contract ... w~thout beneffi of pubflc
competitive bidding ... to the former vice cl'ta~rwoman of the corniness,on .
and she made the original motion to hire and set the salary of the current
interim director
· Arbitranly awarding a marketing contract., despite allegatons that tine
process may have been subject to selection interference or tarnpedng
· Fa,lure to conduct a full background investigation of the current intedm
director to assess his employment history and qualifications for the job
Questions have been rs,ced about h;s past from supposedly 'reliable'
sources and there are still r~umerous rumors. These are detrimental to the
,nter,m d~rector, the staff, and the commiss]on. The commissIon needs a
rel3utable background investigation to clear his name and reputation, ~f
untrue .. to take remedial action, if true. We have been unable to get suc,~ a
report. We are representatives of the people, not apologists for TRT
Page 2 of 2
management or any other bureaucracy, this inveebgation should be
conducted by a reputable private ~nvestigation firm to close this matter once
and for all
· Proceeding with the merger of TRT and PENTRAN and lying to or
misleading commissioners on the status of reclu~red approval from all
affected citie~
· Selling public property without pubhc b~ddang . a trolley to a Norfolk lawyer
and then refurbish~ng It ~nto a 'party trolley' for him. Using public employees
with public equipment ... on public property and with thousands of dollars
in public funds ... without even the benefit of a contract for the work? Th,s
elegantly restored trolley now sits useless ... unused ... and unclaimed The
lawyer., in absence of a contract authorizing such costly ~mprovements,
refused to pay the tens of thousands of dollars in renovation costs
· Despite a private investigation into employee complaints that d~scovered no
real problerns' ... conducted without commission knowledge or authorization
I have been told employee lawsuits against the commission are pending
.Because of potential ht~gation, I'm not at hberty to discuss specifics.
Supposedly there ~s more to come on this
I could go on. but I think council gets the picture Corrupt Rotten Mismanaged
Suspect However you want to refer to it . there are big problems that have been ~gnored
or overlooked, that seriously ~mpact the taxpayers of Virginia Beach
And as long as I'm a member of TRT... ! will continue to be this city's taxpayer
watchdog Quesbonmg Probing. And exposing when necessary acbons I believe are
nat ~n our citizens' best interests. I appreciate your continued support m keeping our city's
position protected and visible and pledge to continue to work w~th all part,ss involved to *.he
best of my ability
=~-
C '~MY~,V~imI~iw'n~¢i wpcl
Itetn VI-O.
- 55 -
ADJOURNMENT
ITEM # 45044
Mayor Meyera E Oberndorf DECLARED the Cay Counctl Meettng ADJOURNED at 9:47 P.M.
Beverly 0 Hooks, CMC/AAE
Chtef Deputy Cay Clerk
~h, CMC/AAE
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
May 25, 1999