APRIL 11, 1995 MINUTESCity of Virgilai Beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At Large
VICE MAYOR WILLIAM D SESSOMS JR, At-Large
JOHN A BAUM, Blackwater Borough
LINWOOD 0 BRANCH III Vzrg,ma Beach Borough
ROBERT K DEAN, Pnncess Anne Borough
W W HARRISON JR, Lynnhaven Borough
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY Pungo Borough
LOUIS R JONES Bays,de Borough
NANCY K PARKER, At Large
LOUISA M STRAYHORN, Kemprmlle Borough
JAMES K SPORE C,tv Manager
LESLIE L LILLEY, C,ty Attorney
RUTI4 HODGES SMITH CMC / AAE C,ty Clerk
CITY COUNCIL AGENDA
April 11, 1995
.01~ OUR N~k~
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456-9005
(804; 427 4303
I. WORKSHOP
- Conference Room -
9:00 AM
a,.
FY 1995-1996 OPERATING BUDGET and
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
E. Dean Block, Director, Management and Budget
II. AGENDA REVIEW SESSION
- Conference Room -
12: NOON
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend George Sweet
Atlantic Shores Baptist Church
Ce
De
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
April 4, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
H. PRESENTATION
i ·
VIRGINIA BEACH LOCALITY COMMUNI-LICENSE PLATE Robert R. Matthias, Assistant City Manager
Mac Rawls, Director, Virginia Marine Science Museum
I. CONSENT AGENDA
The Consent Agenda wtll be determined durtng the Agenda Review Session and
considered tn the ordtnary course of bushtess by City Council to be enacted by one
motion.
J. ORDINANCES
·
Ordinance to AMEND and REORDAIN Sections 21-421, 21-422,
21-425, 21-426 and 21-429 and DELETE Section 21-424 of the
Code of the City of Virginia Beach re tow truck service and
enforcement.
·
Ordinance to authorize the City Manager to execute an
Agreement between the Virginia Department of Transportation
(VDOT) and the City of Virginia Beach re development and
administration of Independence Boulevard Phase IV-C (CIP 2-
219).
·
Ordinance to authorize the City Manager to execute a Lease
with Beach Quarters Inn, L.C., re use of an approximately
twenty-two-foot (22') strip of that part of Atlantic Avenue
abutting the West side of the Beach Quarters Inn.
·
Ordinance to APPROPRIATE $129,086 additional revenue from the
Virginia Department of Corrections to the Sheriff's Office
Division of the Community Corrections Budget re support of the
Community Diversion Initiative Program.
·
Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to
the Parks and Recreation Special Revenue Fund for organizing
and planning the After-School Programs at four (4) additional
Middle Schools.
·
Ordinance to APPROPRIATE $9,070 additional revenue from the
State Two-for-Life Fund in the FY 1994-1995 Operating Budget
to the Emergency Medical Services (EMS) Department re purchase
of a defibrillator and data processing equipment.
·
Ordinance to authorize the City Manager to TRANSFER 8802 from
the General Fund Reserve for Contingencies to the Department
of Mental Health's FY 1994-1995 Operating Budget re
reimbursement to two City employees for legal fees and
expenses incurred in their defense of charges arising from the
performance of their official duties.
K. RESOLUTION
·
Resolution to approve issuance of Industrial Revenue Bonds by
the Virginia Beach Development Authority, not to exceed
$3,000,000, for a 33,570 square-foot office/warehouse in
behalf of Al-Anon Family Group Headquarters, Inc. at the
Southeast corner of Dam Neck Road and Corporate Landing
Industrial Park (PRINCESS ANNE BOROUGH).
L. PUBLIC HEARING - PLANNING
3:00 PM
1. PLANNING BY CONSENT - To be determined dunng the Agenda Review Session
·
Application of ERNESTO ANDRADA, JR. and FIRST FILIPINO
BAPTIST CHURCH for a Conditional Use per, it for
a church expansion on the South side of Holland Road, West
of Monet Drive (2969 Holland Road), containing 2.215 acres
(PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
·
Application of KLINE PROPERTIES, a Virginia General
Partnership, for a Conditional Use Permit for a bulk storage
yard {autos onl~ at the Southeast intersection of Mustang
Trail and Lynnhaven Parkway (222 Mustang Trail), containing
1.1 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
·
Application of CONTEL CELLULAR, INC. for a Conditional Use
Permit for a communications tower at the Southwest corner
of First Colonial Road and the Norfolk-Virginia Beach
Expressway (409 First Colonial Road), containing 4.1896 acres
(LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
·
Application of R. K. BUICK, INC. for a Conditional Use Permit
for automobile storage at the Southeast corner of Virginia
Beach Boulevard and Lynnhaven Parkway (2661 Virginia Beach
Boulevard), containing 29,403 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
·
Applications of CH&B ASSOCIATES, THE CAPLAN FAMILY TRUST 1976,
THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS
on Holland Road at the intersection of Windsor Oaks Boulevard
(KEMPSVILLE BOROUGH):
a·
Conditional Change of Zoning from A-12 Apartment District
to Conditional B-2 Community Business District ,
containing 27.9 acres;
be
Conditional Change of Zoning from B-2 Community Business
District to Conditional B-2 Community Business District,
containing 4.1 acres;
Ce
Conditional Ch~nqe of Zoninq from R-7.5 Residential
Distric~ to Conditional B-2 Community Business District,
containing 9.7 acres;
AND,
d. Conditional Use Permi~ for ~utomobile repair,
containing 3.5 acres.
Recommendation:
APPROVE ALL APPLICATIONS
·
Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
a. Sections 111, 203, 901, 1521(c) and ADD Section 233.3 re
use regulations for Flea Markets.
b. Sections 233.1, 1501, 1511 and 1521 re certain eating and
drinking establishments at the Oceanfront.
Recommendation: APPROVAL
M. APPOINTMENTS
SPORTS AUTHORITY OF HAMPTON ROADS
TIDEWATER REGIONAL GROUP HOME COMMISSION
N. UNFINISHED BUSINESS
O. NEW BUSINESS
1. CITY COUNCIL-SPONSORED ITEM:
a·
Ordinance to AMEND and REORDAIN Chapter 6 of the Code of
the City of Virginia Beach by ADDING a new Section 6-16.1
re establishment of a recreational swimming area and
AMENDING Section 6-120.1 re personal watercraft.
(Sponsored by Councilman W. W. Harrison, Jr.)
P. ADJOURNMENT
* * * * * * * * *
SPECIAL SESSION
CITY COUNCIL CHAMBER
Tuesday, April 18, 1995
5:30 PM
Legal Matter
* * * * * * * * *
PUBLIC HEARING Tuesday April 18
7 30 PM Council Chamber
PUBLIC HEARING Thursday April 20 7 PM
Larkspur Middle School
WORKSHOP Tuesday April 25
2 PM - 4 PM Council Conference Room
PUBLIC HEARING Tuesday May 02 3 PM Council Chamber
FINAL WORKSHOP Thursday May 04
9 AM -11 AM Council Conference Room
BUDGET/C I P Tuesday May 09 2 PM Council Chamber
ADOPTION
* * * * * * * * *
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)
03/07/95CMD
AGENDA\ 04-11- 95. PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virglnta Beach, VirginIa
April 11, 1995
Mayor Meyera E. Oberndorf called to order the WORKSHOP - FY 1995-1996 OPERATING BUDGET
and FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM to the VIRGINIA BEACH
CITY COUNCIL in the Council Conference Room, City Hall Butldzng, on Tuesday, Aprzl 11, 1995, at
10:00 A.M.
Council Members Present.
John A Baum, Linwood 0 Branch, III, William W. Harrzson, Jr.,
Barbara M. Henley, Harold Hetschober, Lou~s R Jones, Mayor Meyera
E. Oberndorf and Nancy K. Parker
Council Members Absent.
Robert ~ Dean
[DISNEY WORLD VACATION]
Vice Mayor William D Sessoms, Jr.
[ENTERED: 11 20 A.M.]
Louzsa M Strayhorn [ENTERED 9:35 A M.]
-2-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
9:00 A.M.
ITEM # 39024
E. Dean Block, Director - Management and Budget, introduced the representatives of the Agencies for
short review relative the FY 1995-1996 Operating Budget and FY 1995/1996 - 2000/2001 Capital
Improvement Program.
Mrs. Mary Russo, Coordinator - Volunteer Council, expressed appreciation to the City Council for their
support. Mrs. Russo recognized her Co-Chair, Dtane Roche, and Ruth Hodges Smith - Finance
Chairman, as being a vital part of the Volunteer program for many years. Council Lady Parker referenced
the Volunteer Councd Operating Budget -Ftscal Year 1995-96 the wording: "Because of this significant
contribution, the per capita recognition of the volunteers will be tncreased from $4.00 to $5.00."
Concermng the meaning oft his statement, Mrs. Smtth advised over 7,000 volunteers last year volunteered
an equal value of approximately $11-MILLION The $5.00 is the recognition the City gives to the
Volunteer, not what they bring to the Ctty. This is the quahty of the recognition. It is a "token" of
recognition This particular budget unit has been recommended for a modest increase (Recommended
$27,565).
Relative the Arts and Humanities Commission, included tn this budget is $5,000 to hoM a symposium
on alternative fund raistng to asstst interested cultural organizattons with the development of
supplementary fundtng sources.
Dr Marlene Hagar, General Registrar, was tn attendance to address the Budget of the General Registrar.
Several issues are causing a sharp increase tn the demands placed upon the Office of the General
Registrar. For example, there has been a sizeable tncrease in the number of registered voters in Virgtnia
Beach over the past several years. Off-year elections, which use to experience a turnout of under 40,000
voters, are now expertenctng a turnout of over 40,000 voters, generating the need for new voter precincts
and election offictals to staff the polls Concerning the National Voter Registration Act, the proposed
budget includes $30,000 to address thts unfunded federal mandate. This level of funding may be
tnsufficient to fully meet the scope of the mandate; however, this will not be known for several months.
There are five bills in Congress to repeal the National Voter Registration Act. Dr. Hagar advised the
Governor has vetoed the National Voter Registration Act. New precincts are planned to be open before
the Presidential Election.
Relative the Community Organization Incentive Grants (COIG), the City recognized that nonprofit
organizations fill an important role in the communtty by provt&ng a spectrum of services which leverage
addittonal community resources and which compliment City servtces. The COIG program provides a
means of awarding monetary grants to quahfied nonprofit organizations through a competitive application
process. Mayor Oberndorf expressed apprectatton to Prtscdla M. Beede, Chair Mrs. Beede advised the
COIG Review and Allocation Committee is still evaluating the applications and interviews will commence
this evemng, with subsequent interviews next Thursday and the following Tuesday.
Mr. Block advised the proposed fundtng for the Public Information Office ts 5.6% greater than the
adjusted FY 1994-95 Operattng Budget funding and includes an increase of.25 FTE, which will ensure
stability in the dehvery of prompt customer servtce, and additional funds for prmting and &stributing a
new Cttizen Services Directory. Relattve consolidatton of services wtth the School's Public Information
Office, Pamela Lingle - Director of Public Informatton, advised the City and School Departments have
met, will participate tn joint public relations tratntng, a joint marling will be conducted, mailing lists have
been shared, two pages of the Beach Advisory are devoted to School system information and City
tn formation has been provtded to the Schools for their publication. The City and Schools have two
separate boards and two separate missions. The 5.6% increase in the Budget of Public Informatton is
basically for the Citizen Services Directory. 30,000 copies were published. Information will be provided
relative consolidating the services of the Department of Public Information for City and Schools to reduce
the budget from $1.398-MILLION. 90% of the cost of The Beam, 70% of The Beach Advisory and one-
third of the Citizen Services Directory are pard through advertising.
April 11, 1995
-3-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
ITEM # 39024 (Continued)
The Director of Finance oversees the functions of Administration, Comptroller, Payroll, Purchasing and
Independent Financial Services to ensure direction, planning and coordination for these services. The
Finance Director is also responsible for the overstght of the City's Risk Management Division. The budget
has increased 1 2% During the year a new risk management information system will be developed in
conjunction with the Department of Information Technology, the Schools Risk Management Division and
major user departments. Patricia Philhps, Director of Ftnance, advised relative the increase in cost to
process payroll and the total cost to process deposits and remittances, this amount should be decreased
by the end of the year through process changes Court Orders regarding chtld support have increased
drastically Retirement Counseling has tippled due to the aging work force. Usually there are three
meetings to process a retiree, whether disabihty or normal rettrement; however, a committee has been
formed to investigate the issue of disability rettrements. Over the last five years, there have been 14
posttions removed from the department.
Mr. Block advised the City is involved wtth the International City Manager's Association in a program
with large Cities to develop standards for performance measures in key areas that can be uttlized
throughout the country for compartson.
The Staff hours per bid noted on page 8-6 increasmg from 51 to 55 is a typographical error. This was
utilized to demonstrate percent of staff hours devoted to smaller value ttems has gone from 54 to 45%
and the percent of staff time spent on higher value ttems has actually increased from 45 to 55%. Efforts
have switched from the lower value ttems to the higher value items.
The proposed funding for the Department of Hunmn Resources is 1.9% greater than the adjusted FY
1994-95 Operating Budget funding. The department's new tmtiatives include the new Job Rotation
Program, the Peer Recognition Program, the Long-Term Disability and Supplement Life Insurance,
and the Central Safety and Health Committee. Ad&tionally the department has formed city-wide
committees for standar&zmg safety personal protective gear, traffic control, and compliance with new
VDOT drug testing procedures. These drug testing procedures are a very involved process. Drug testing
will have to be conducted on approximately 1,000 employees. The Department is worla'ng in conjunction
with a contract which encompasses the additional $20,000 mcluded in the budget. This testing involves
the driver of any commerctal vehtcle over a certain weight.
The Community Diversion Initiative is a program which operates on a reimbursement grant from the
State Department of Crimmal Justice Services Funds are provtded based upon the estimated number of
felons and mtsdeameanants to be accepted tnto the program Thts grant provtdes for the diverston, based
on the court's recommendation, of approximately 682 indtviduals who otherwise wouM have been assigned
to the Virginia Beach Correcttonal Center annually. These mdtvtduals are diverted to specialized
programs which provide skills tratnmg, work opportumties, drug intervention, and counseling. The
program's caseworkers screen mdivtduals recommended by the courts for incluston in the program and
arrange a contract between the courts and the person outlimng the con&tions under which the inmate will
be included in the program The caseworkers then momtor the inmates fulfillment of the terms of the
agreement. Bessie Bell, Director, advised relative 26% of felons successfully released from the program,
and the 455 misdemeanants successfully released from the program, approximately 30% go back into the
program.
Regar&ng the Video Services budget, production priorities will continue to reflect the policy targets,
tncluding Lake Gaston, the Virgmia Marine Sctence Museum expansion, and Economic and Convention
and Visitor Development, of the City Council and School Board. Also citizen participation in government
wtll be expanded through enhanced pubhc forum productions and the operation of the "In Touch with
Virignia Beach", an interactive informatton system. Ninety-one processes have been improved over the
last three years. Addressing an ADA mandate, closed-captioning of programs will be provided on an
upon request basis. The budget has increased by $460. Mr. Block wtll research and advise the savings
realized stnce the Ctty and Schools consohdated their respective video services programs. Mr. Block will
provide information relative calls received about Cox Cable durtng the last two months.
April 11, 1995
-4-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
ITEM # 39024 (Continued)
Regarding the Non-Departmental category encompassing Employee Special Benefits Program, Revenue
Reimbursements, Regional Participation and Benefits Administration, Mr. Block advised the tuition
reimbursement rate is approximately 70%. There have been only two cases where a City employee
received his degree through tuition reimbursement, and then left the City within five years, A Survey of
Tuition Reimbursement Programs for Selected Localities will be provided to City Council.
Information relative the impact on the Operation Budget, if the requirements for the elderly to receive real
estate tax exemptions were increased from $70,000 to $150,000, will be provided.
The Regional Participation Program provides the funding mechanism for the local allocation for
participation in regional programs and institutions The recommended allocation for the Medical College
of Hampton Roads is $431,600. The proportional shares of the regional localities in funding various
agencies listed under "Regional Participation" and the proposed percentage increases in administrative
costs and salaries for these agencies will be provided
The City's Compensation Plan will be presented during the City Council Session of April 25, 1995. The
pay system does not have to be ADOPTED May 9, 1995. The Budget simply states there is 3% of payroll
available for paying additional increases in compensation. However, there are differences in how that is
distributed between City and School employees.
Management Services ts 1.0% greater than the adjusted FY 1994-95 Operating Budget Funding and this
level will maintain current services and the expanded activities associated with coordinating the objectives
and performance indicators.
The FY 1995-96 recommended budget for Public Health includes full funding for the State cooperative
budget for which the funding ratio Is 55% State and 45% City. The local match included in the FY 1995-
96 Operating Budget is based on the state allocation of $2,048,622 which would require a City match of
$1,676,145. Among other services and programs, the cooperative budget provides for the department's
administration, vital records keeping, envtronmental health services, health information and promotion,
maternal and child chnics, including immunizations for children, and communicable disease clinics. In
addition to providing match funding for the co-operattve budget, the City provides direct funding for
certain public health programs The City provides unmatched local funding for a dental program which
provtdes emergency dental services to adults and children.
Relative the Social Services Department, the Director of Social Services, Darnel Stone, is also Chair of
the Comprehensive Services. Of the total amount of fundlng appropriated for the Department of Social
Services, 75% is supported by federal state, grant and fee revenue. The General Assembly enacted
legislation which provides for several changes #i the welfare policy. However, the impact of the changes
cannot be determined until after the state develops an implementation plan and the federal waivers are
approved. Therefore, FY 1995-96 funding does not include any changes which may result from welfare
reform legislation The FY 1995-96 recommended Operating Budget continues to provide funding for
Project ADAPT which is a program initiated by the State Department of Social Services to increase the
efficiency of Financial Services programs through automation A total of $249,809, of which $203,283 is
supported by state and federal funding, and 4.2 temporary positions are provided to purchase the
equipment and to provide for the conversion to the new system by July 1996 ADAPT is designed to create
efficiencies in Public Financial Assistance cases by streamlining and simplifying the process so that one
eligibility worker can determine eligibility for several different programs Stnce the State has not provided
additional ChtM Protective Service Workers, City funding is included in FY 1995-96 for an additional
social worker position to respond to the mcreased demand on the staff in the ChiM Protective Services
Unit. The position is 100% City funded Randy Thompson, representing, Social Services advised yearly
there are 3,600 children who have to be #tvestigated for chiM abuse If warranted, once the children are
investigated, they go into a treatment program Technically, workers' should not investigate more than 12
cases per month. However, the City's investigators are handling approximately 15 per month The
department requested 3 75 additional social workers to assist in conducting fieM and court work for chiM
abuse investigations in order to increase the number of chiM abuse cases disposed within State
time frames
April 11, 1995
-5-
WORKSHOP
FY 1995-1996 OPERATING BUDGET
FY 1995/1996 - 2000/2001 CAPITAL IMPROVEMENT PROGRAM
ITEM # 39024 (Continued)
Relative the welfare policy, Randy advised basically there are some regulations effective July First, some
October First, and a number dependent upon waivers from the Federal Government. $10-MILLION has
been appropriated at the State level.
Concerning the Police Department, the proposed funding for the Police Department is 2.4% over the
adjusted FY 1995-96 Operating Budget fundtng level, due primartly to the ad&tion of 21 additional
positions: 17 officers (partially funded by a Federal community policing granO as well as the addition
of two detective positions and two forensic techmctans to address the growing workload both with adult
crimes and juvenile crtmes. Thetr mission will be to compliment the efforts of the eight community policing
teams assigned to specific commumttes. Fundtng for the first year of the Ctty's required match is provided
in the FY 1995-96 Proposed Operattng Budget The Police Department operates the City's
Communicattons Center. Thts Center handles all tncommg E911 calls, as well as incoming non-
emergency public safety calls, animal control calls, and calls for various departments after regular
business hours. In additton to these services, the center also handles the dispatching of calls for all
agencies. The total number of telephone calls handled by the Communications Center during 1994 was
916,894. Of these, 22% originated on a E911 telephone line. The others related to non-emergency calls.
Chief Charles Wall advised to conttnue the existtng program and to add additional neighborhoods, the
Police Department has identified a two prong approach to the use of the addittonal 17 officers to be
provided by a Federal Pohcing Grant (COPS Ahead) All 17 officers wouM be assigned to the Beach
Borough from April through September to implement special community policing programs, however
during the school year 10 officers will have an ancillary asstgnment as school resource officers in the ten
senior high schools within the City. One of the major requests submitted, but not included in the
recommendation was the request for 48 additional pohce officers and 8 sergeants to address the growing
youth crtme problem, asstst schools tn assummg a safe learning environment, reducing response times in
the face of increasing demands, and to augment staffing at the Oceanfront durtng the summer months
($3,091,591). Chief Wall advised there ts also tnterventions by other City agencies into neighborhoods
through the Community Actton Resource Empowerment Committee (CARE) to facilitate a rapid service
delivery to families based on identified needs or problems These can include improvements to housing,
counseling, spectalized asststance, and programs to develop a sense of commumty within the
neighborhoods In addition, the Police Department has instituted school liaison programs, which work
with school offictals in deahng wtth known problems The outcome of this worlang relationship has been,
truancy programs whtch have stgntficantly reduced property crimes and programs whtch address school
related violence A meeting has been scheduled for April 25, 1995, with Housing and Neighborhood
Preservation relative CARE. Chief Wall advised the police have been very active relative CARE. Chief
Wall furnish a breakdown of the stattstics relative grand versus petty larceny.
Reserves in the amount of $936,559 would encompass salary adjustments other than the General fund and
the Cay's share of the grant match. The cost to the City per police officer, assuming grant funds are not
involved, wouM encompass approxtmately $50,000 which wouM mclude benefits. The reason for the Police
Department's Capital Outlay decrease by 16% #~ the proposed budget will be provided, as well as a
breakdown relative the increase in Internal Services.
April 11, 1995
-6-
SUMER EVENTS PROGRAM
12:10 P.M.
ITEM # 39025
Bill Reid, President - Cellar Door, advtsed the two main goals of the Summer Events Program were
"heads and beds" and educate as well as entertain residents and their guests. There are three ways by
which one tries to examine programmtng during the course of the entire year: build upon existing
programs, continue the participatory sports program and establish new programs. There will be a kite
festival in March The American Music Festival will be extended to seven days with the first day, Tuesday
(prior to Labor Day), being devoted to a golf tournament and the Festival beginning on Wednesday. Mr.
Reid advised the artists who have confirmed as entertainers tn the American Music Festival are: Wilson
Pickett, America, Three Dog Night, Sawyer Brown, the OJ's, The Band/The Band, the Kingsmen, Rare
Earth and Leon Russell. Under the major entertainment program, seventeen (17) new programs have been
established whtch translates into 35 new days of entertatnment at the Beach. The total number of major
event programs ts 69. Under the general entertatnment heading at Twenty-fourth Street, Seventeenth
Street Stage and Boardwalk Entertainment. new concepts have been developed. Surround Sound has been
developed for the 24th Street Stage, as well as a new video system, which will allow children's movies to
be seen tn the daylight. In additton, Shakespearean plays have been added. On both 24th and 17th Street
stages, 128 acts have been booked between the months of May and September. In addition, there are
twenty-six plays, nineteen movies and ten puppet shows. The total of general entertainment events is 183
during the course of the season. When you combine the number of major events and the number of
general entertainment events, there are 252 events at the beach. Sponsorship levels have exceeded those
of last year.
The first major event scheduled is the Easter Weekend Celebration, which is the City's first major event.
A bonnet parade will be SCHEDULED with an Easter Bunny, clowns, pony rtdes; et cetera, in the
afternoon. On Easter Day, there will be an easter egg hunt, a Spectrum puppet show, fairy tale characters
including Aladdin, a Skate show and musical entertainment. The Eastern Surfing Association will grow
into a major event durtng the course of years. The Virginia Symphony on Memorial Day Weekend will
be the kickoff event of the Pungo Strawberry Festival. The Viva Elvis Festival begins on Thursday
through the next Wednesday. An Afro-Amertcan Elvts, a Mextcan Elvts, Magtc Elvis and Karoke Elvis
has been booked, as well as a Flock of Elvt. There wtll be two Elvts cookbooks sold, one of which is
entitled "Are you Hungry Tonight". Mr Reid &splayed an enlarged check in the amount of $1 -MILLION
to Elvis Aaron Presley, if he appears at the Viva Elvis Festival. Lloyds of London has insured this
amount This SI-MILLION must be given to the charity of Elvts's choice and the real Elvis must be
verified by finger prints.
The North American Fireworks Competition has been moved to June. The fireworks have been
incorporated with the Boardwalk Art Show to create a ten-day show. A youth art show will be held the
Sunday after the fireworks.
Mr. Reid advtsed, in coordination with Dr. Wright, a Surf Fishing Tournament has been arranged. In
the Fall, the African American Festival, PRIDE, has been scheduled in conjunction with the Blues
Festival. In late October, Cellar Door ts tn the process of bookmg entertainers for a New Age Jazz
Festival.
To celebrate the Fiftieth Anniversary of the culmination of World War II, a film festival has been
scheduled for Veterans Day. The Tommy Dorsey Orchestra will be playing in a hanger at Oceana to
recreate a USO Celebration. Mr. Reid is tn commumcation wtth Martha Mitchell, who is endeavoring to
bring recogntzed stars to elaborate on the films tn the World War II era A Band has been booked in
conjunction with the Shriners for Oyster Bowl Weekend. An Oyster Bowl Ball will be held on Saturday
night.
There will be a New Year's Eve Celebration wtth a tent on the 24th Street Stage and a Beach Ball wtll
descend at 12 O0 MIDNIGHT i e. the Time Square "Btg Apple".
The Dolphin has been established as a mascot character. Cellar Door is negotiating with Spectrum
Puppets to make thts character. This character would serve as a rovtng ambassador to fill in the gaps
where entertainment is not available. There will be a total of 15 plays encompassing the Shakespeare By
the Sea series. The Hurrah Players will present two of their plays i.e. "Broadway At the Beach".
Mr. Reid will agatn present informatton relattve The Viva Elvis Festival during the Formal Session.
April 11, 1995
-7-
AGENDA REVIEW SESSION
12:39 P.M.
ITEM # 39026
Councilman Branch inquired concerning changes proposed during the 1995 General Assembly Session
re:
Ordinance to AMEND and REORDAIN Sections 21-421, 21-422,
21-425, 21-426 and 21-429 and DELETE Section 21-424 of the Code
of the City of Virgima Beach re tow truck service and enforcement.
(J-1.)
If the legislaaon changes in the General Assembly, this Ordinance will need to be further AMENDED by
City Council.
ITEM # 39027
Councilman Heischober referenced:
Ordinance to authorize the Ctty Manager to execute an Agreement
between the Virg#ffa Department of Transportation (VDOT) and the City
of Virginta Beach re development and admimstration of Independence
Boulevard Phase IV-C (CIP 2-219). (J-2 )
The City Manager advzsed at the corner of Independence Boulevard and Witchduck Road, there will be
a left turn mgnal.
ITEM # 39028
Pertaining to the Ordinance to authorize the City Manager to execute a Lease with Beach Quarters Inn,
L.C., re use of approximately twenty-two-foot (22') strip of that part of Atlantic Avenue abutting the
West side of the Beach Quarters Inn. (J 3), the City Manager advised in terms of long term redevelopment
plan, the City does not wtsh to give up property Henry Rutz, Parkmg Admimstrator, advtsed tf 22 spaces
were metered, the City would collect approximately $9,900. This would be offset by not having to maintain
and operate this facihty
ITEM # 39029
Relative the Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to the Parks and
Recreation Special Revenue Fund for organizing and plannmg the After-School Programs at four (4)
additional Middle Schools (J-5 ), there will be six schools rematnmg without the After-School Programs.
The selection of the schools for thts program will be done jomtly wtth the School Administration.
April 11, 1995
-8-
AGENDA REVIEW SESSION
ITEM # 39030
BY CONSENSUS of City Council, the followtng items shall compose the CONSENT AGENDA:
IV-J 6.
ORDINANCES/RESOL UTION
Ordinance to AMEND and REORDAIN Sections 21-421, 21-422,
21-425, 21-426 and 21-429 and DELETE Section 21-424 of the Code
of the Ctty of Virgtma Beach re tow truck service and enforcement.
Ordinance to authortze the City Manager to execute an Agreement
between the Virgtnia Department of Transportation (VDOT) and the City
of Virgima Beach re development and administration of Independence
Boulevard Phase IV-C (CIP 2-219).
Ordtnance to authorize the City Manager to execute a Lease wtth Beach
Quarters Inn, L.C., re use of an approximately twenty-two-foot (22')
strip of that part of Atlantic Avenue abuttmg the West side of the Beach
Quarters Inn.
Ordinance to APPROPRIATE $129,086 ad&tional revenue from the Virginia Department
of Corrections to the Shertff's Office Division of the Community Corrections Budget re
support of the Community Diversion Initiative Program.
Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to the Parks and
Recreation Special Revenue Fund for organizmg and planning the After-School
Programs at four (4) addittonal Middle Schools'.
Ordinance to APPROPRIATE $9,070 addtaonal revenue from the State
Two-for-Life Fund in the FY 1994-1995 Operaang Budget to the
Emergency Medtcal Services (EMS) Department repurchase of a
defibrillator and data processing equipment.
Ordinance to authorize the City Manager to TRANSFER $802 from the
General Fund Reserve for Conangenctes to the Department of Mental
Health's FY 1994-1995 Operating Budget re reimbursement to two City
employees for legal fees and expenses incurred tn their defense of
charges arts#tg from the performance of thetr official duties.
Resolution to approve issuance of Industrtal Revenue Bonds by the
Virg#ffa Beach Development Authortty, not to exceed $3,000,000, for a
33,570 square-foot office/warehouse tn behalf of Al-Anon Family
Group Headquarters, Inc. at the Southeast corner of Dam Neck Road
and Corporate Landtng Industrial Park (PRINCESS ANNE BOROUGH).
ITEM # 39O31
Council Lady Parker inquired relattve Application of ERNESTO ANDRADA, JR. and FIRST FILIPINO
BAPTIST CHURCH for a Conditional Use Permit for a church expanston on the South side of Holland
Road, West of Monet Drive (2969 Holland Road), containing 2 215 acres (PRINCESS ANNE BOROUGH)
(L. 2. of the PLANNING AGENDA) Robert J. Scott, Director of Plannmg, advtsed Conditton No. 4.
contained a typographical error. Conditton Number 4 should correctly read. Appropriate acoustical
treatments must be installed tn proposed buddmg structures whtch wouM achieve an outdoor-to-outdoor
indoor noise reduction of at least 30 decibels. Mr. Scott further advised relative the conditton: A right turn
lane, as required, there must be definite volume of traffic generated to demonstrate a need for this right
turn lane. Thts will be determined at site plan review
April 11, 1995
-9-
AGENDA REVIEW SESSION
ITEM # 39032
Councilman Harrison referenced Application of CONTEL CELLULAR, INC. for a Conditional Use
Permit for a commumcations tower at the Southwest corner of First Colomal Road and the Norfolk-
Virginia Beach Expressway (409 First Colonial Road), containing 4.1896 acres
(LYNNHAVEN BOROUGH). (L. 4). Robert Scott advised if the Board of Zomng Appeals does not grant
the vartance, the applicaa'on will not go forward. Councilman Harrison requested the specified distance
of the variance be quanttfied.
ITEM # 39033
Council Lady Strayhorn requested Apphcations of CH&B ASSOCIATES, THE CAPLAN FAMILY
TRUST 1976, THE FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS on
Holland Road at the #ttersectton of Windsor Oaks' Boulevard (KEMPSVILLE BOROUGH). Conditional
Change o_f Zoning from A-12 Apartment Dtstrtct to Condttional B-2 Communiff_ Business District ,
containing 27.9 acres, Condtttonal Change o_f Zoning from B-2 Commum~_ Business District to
Conchttonal B-2 Commumty Business Dtstrict, contatmng 4.1 acres, Condttional Change of Zoning from
R-7 5 Restdential District to Condittonal B-2 Commumff_ Business District, containing 9. 7 acres;
AND, Conditional Use Permtt for automobile repair, containing 3.5 acres (L.6.), be discussed and not
part of the PLANNING BY CONSENT.
ITEM # 39034
BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT
AGENDA:
L. 2.
Application of ERNESTO ANDRADA, JR. and FIRST FILIPINO
BAPTIST CHURCH for a Conditional Use Permtt for
a church expansion on the South side of Holland Road, West of Monet
Drive (2969 Holland Road), containing 2.215 acres
(PRINCESS ANNE BOROUGH)
L. 3
Applicatton of KLINE PROPERTIES, a ~rgtnta General Partnership,
for a Condittonal Use Permit for a bulk storage yard (autos only.) at the
Southeast intersection of Mustang Tratl and Lynnhaven Parkway (222
Mustang Trail), containmg 1 I acres (LYNNHAVEN BOROUGH).
L7
Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
Sections 111, 203, 901, 1521(c) and ADD Section 233.3 re use
regulattons for Flea Marl-ets
Sections 233 I, 1501, 1511 and 1521 re certain eating and drinking
establishments at the Oceanfront
April 11, 1995
- 10 -
ITEM # 39035
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, Aprtl 11, 1995, at 1:05 P.M.
Council Members Present.
John A Baum, Linwood 0 Branch, III, Willtam W Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E
Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Counctl Members Absent
Robert K. Dean
April 11, 1995
- 11 -
ITEM # 39036
Mayor Meyera E Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS; Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promoaon, performance, demotion, salaries, disciplining, or resignaffon
of specific pubhc officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit' Appotntments: Boards and Commissions:
Sports Authority of Hampton Roads
Ttdewater Regional Group Home
LEGAL MATTERS: Consultation with legal counsel or brtefings by staff
members, consultants, or attorneys pertatning to actual or probable
hagat~on, or other specific legal matters requesang the provtston of lega!
advice by counsel pursuant to Secaon 2.1-344(A)(7).
Lake Gaston
Real Estate Matters - Virginia Beach and Lynnhaven Boroughs
Upon moa'on by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn. City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Vottng Aye:
John A Baum, Linwood 0 Branch, III, Wilham W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera E.
Oberndorf, Nancy I~ Parker, Vice Mayor Wilham D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent'
Robert IC Dean
April 11, 1995
- 12 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
April 11, 1995
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, April 11, 1995, at 2:00 P.M.
Council Members Present.
John A Baum, Lmwood O. Branch, III, William W Harrison, Jr.,
Harold Hetschober, Barbara M Henley, Louts R. Jones, Mayor Meyera
E Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Loutsa M. Strayhorn
Council Members Absent.
Robert ~ Dean
[FAMILY VA CATION]
INVOCATION:
Chaplain/Reverend John F. Shoppell
Beech Grove and Bethel Umted Methodist Churches
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank ABSTAINED on the applicaiton
of KLINE PROPERTIES and R. K. BUICK (L 3. AND L. 4.) and disclosed there were no other matters
on the agenda tn whtch he has a "personal interest", as defined in the Act, etther indtvidually or tn his
capactty as an officer of Central Ftdehty Bank The Vice Mayor regularly makes thzs Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessoms' letter of January 10, 1995, ts hereby made a part of the record.
April 11, 1995
- 13 -
Item IV-E. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39037
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council CERTIFIED
THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which thcs certification resolutton apphes,
AND,
Only such public bus~ness matters as were identified tn the motion
convemng the Executive Session were heard, discussed or considered by
Virginia Beach City Counctl
Vottng: 10-0
Council Members Vottng Aye.
John A Baum, Linwood 0 Branch, III, William W Harrison, Jr, Harold
Heischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera E
Oberndorf, Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr and
Loutsa M Strayhorn
Council Members Voting Nay
None
Council Members Absent
Robert K. Dean
April 11, 1995
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 39036, Page No. 11, and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certihes 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.
RRu/tJa Hodges ~ith,' CMC/AAE
Clty
Clerk
April 11, 1995
- 14 -
Item IV- F. 1.
MINUTES
ITEM # 39038
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of April 11, 1995.
Voting. 10-0
Council Members Voting Aye'
John A. Baum, Ltnwood O. Branch, III, William W. Harrtson, Jr., HaroM
Heischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera E
Oberndorf, Nancy K. Parker, Vtce Mayor William D Sessoms, Jr., and
Louisa M Strayhorn
Council Members Voting Nay.
None
Councd Members Absent.
Robert K. Dean
April 11, 1995
- 15 -
Item IV-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39039
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 11, 1995
- 16 -
Item IV-H 1.
ITEM # 39040
Mayor Oberndorf RECOGNIZED:
Heidi Winbush
and
First Colonial High School Students
Jasmine Mizell, President of the "Students Against Drunk Driving Just Say No Club" at First Colonial
High School, participating tn the nationwide Prom Promise Campaign Thts Campaign encourages
students to sign a pledge promising not to use alcohol or other drugs especially on Prom Night. This is
a nattonal campatgn whtch wtll reach over 3-MILLION students in 3,500 high schools across the country.
The students presented the Mayor and Members of City Council a symbol of their commitment for a safe
and sober prom night the "Safety Pin ".
April 11, 1995
-17-
Item IV-H. 2
PRESENTATION
ITEM # 39041
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke relative the item
Robert R. Matthias, Assistant City Manager, publicly unveded the Virginia Beach Locality Communi-
License Plate. The license plates are $25.00 each in addition to the $25.00 annual registration fee and
the City will receive $15.00 from the sale of each plate after the 1,000 plates sold.
Delegate and Mrs. Robert Tata were tn attendance to purchase the license plate. Delegate Tata introduced
a Virginia Beach Ltcense Plate tn the 1994 General Assembly and secured the necessary legislation. Since
that time, the City has been working on a design Trevor Foster of VOTECH formulated the design for
the plate. There are approxtmately 278,000 vehtcles registered and the Ctty ts hoping for approxtmately
a 5% market penetration.
Mac Rawls, Director - Virginia Marine Sctence Museum advised the funds derived from the sale of the
plates will be utilized for the Virginia Marine Science Museum Stranding Program.
Mark Swingle, Head of the Stranding Program and Assistant Curator - Virginia Marine Science Museum,
presented slides in conjunction with the Stranding Program.
Mayor Oberndorf and Delegate Tata purchased the first license plates.
April 11, 1995
- 18 -
Item IV-H. 3.
PRESENTATION
ITEM # 39042
ADD-ON
Bill Reid, Cellar Door, presented information relative the SUMMER EVENTS PROGRAM and The Viva
Elvis Festival commencing the first weekend in June. This festival will begin on Thursday and conclude
on Sunday. Three Elvis Presley movies have been booked. An Afro-American Elvis, a Mexican Elvis,
Magic Elvis and Karoke Elvis has also been booked, as well as a Flock of Elvi (sky&vers). Mr. Reid
displayed an enlarged check in the amount of SI-MILLION to be given to Elvts Aaron Presley, if he
shows up at the Viva Elvis Festival. The real Elvls must be verified by fingerprints. Lloyds of London has
insured this amount This SI-MILLION must be given to the charity of Elvis's choice.
Aprtl 11, 1995
- 19 -
Item IV-J./K~
CONSENT AGENDA
ITEM tt 39043
ORDINANCES/RES OL UTION
Upon motion by Vice Mayor Sessorns, seconded by Council Lady Strayhorn, City Council APPROVED
in ONE MOTION, Items 1, 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voang Aye.
John A. Baum, Lmwood O. Branch, III, *William W Harrison, Jr.,
Harold Heischober, Barbara M. tlenley, Louts R Jones, Mayor Meyera
E. Oberndorf, Nancy ~ Parker. Vice Mayor Wilham D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K. Dean
*Councilman Harrison ABSTAINED on Item K 1 (IRB on behalf of Al-Anon) as hts law firm represents
the applicant.
April 11, 1995
- 20 -
Item IV-J. 1.
CONSENT AGENDA
ITEM # 39044
ORDINANCES/RESOL UTION
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Sections 21-421, 21-422,
21-425, 21-426 and 21-429 and DELETE Section 21-424 of the Code
of the Ctty of Virgtnta Beach re tow truck service and enforcement.
Voting: 10-0
Council Members Voting Aye
John A. Baum, Ltnwood O. Branch, III, William W Harrison, Jr.,
HaroM Hetschober, Barbara M. tlenley, Louts R. Jones, Mayor Meyera
E Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr. and
Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
Robert IcL Dean
April 11, 1995
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 21-421, 21-422, 21-425, 21-
426, AND 21-429, AND TO DELETE
SECTION 21-424 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO TOW TRUCKS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 21-421, 21-422, 21-424, 21-425, 21-426 and 21-
429 of the Code of the City of Virginia Beach, Virginia, are hereby
amended and reordained to read as follows:
· · ·
Section 2X-42X. Violations of division·
(a) It shall be unlawful for any person to violate or refuse,
fail or neglect to comply with any of the provisions of this
division ....... ~ ~ .... ~ .... ~ ..... ~ ....... ~ Each day that
continuing violation of the provisions of any section of this
division occurs shall constitute a separate violation.
(h) Any person violating any provision of this division shall
be guilty of a Class 1 misdemeanor.
Section 2X-422. Signs ~equired on property.
(a) Each owner of private property having parking facilities
accessible to the public, and offering parking to it customers,
clientele, residents, lessees or guests, who intends to enforce
parking restrictions by the use of tow truck service, shall post,
at each point of ingress and egress to the parking area, clearly
legible signs, visible and unobstructed day and night upon entering
the parking area, containing the following wording:
PRIVATE PARKING
(Name of business, apartment,
condominium, motel, hotel,
office building, or organization,
whichever is applicable)
RESIDENTS/CUSTOMERS/CLIENTELE/
LESSEES/GUESTS ONLY
TOWING ENFORCED
(HOURS OF ENFORC~ENT)(Indicate hours of enforcement)
Unauthorized cars towed at owner's expense:
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"=" "" ~ ...... ~-~ (Indicate rate
charqed) Call 427-5616 for location and
information concerning return of car if towed.
This sign or an accompanying sign may also indicate whether
the lot is decal-controlled, and shall contain the name and
telephone number of the contracted towing service, if applicable.
(b) The signs required by this section shall be at least
thirty-six (36) inches in width and thirty (30) inches in height.
Lettering for the top eight (8) lines shall be at least three (3)
inches in height and, for all other lines, at least one and one-
half (1%) inches in height· The face of the sign shall be composed
of high intensity reflectorized sheeting or like material· The
name of the business may be on a separate sign, but must be
adjacent to the primary sign containing the information required by
this section· The provisions of subsection (a) above shall be
applicable to parking facilities of apartment houses, condominiums
and nonprofit organizations·
(c) Vehicles may be towed from designated fire lanes approved
by the fire department on private parking areas open to the public
on which are posted signs as required by subsection (a), above,
provided that such fire lanes are properly marked, including the
posting of above grade signs stating FIRE LANE-TOWING ENFORCED.
(d) It shall be unlawful for any tow truck service or
operator to tow or otherwise move a vehicle from any privately
owned land or property within the city, unless such land or
property is properly signed in accordance with this section·
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8e.tion 21-(25. l~oli.~e to l:}e notified o~ remov&l of vehiule.
(a) At the time of removal of any vehicle by a tow truck
service operator, or no later than (30) minutes thereafter, the
police dispatcher shall be notified of such removal, specifying the
location of the storage yard to which the vehicle will be towed and
the telephone number which the owner should call to reclaim the
vehicle. The police dispatcher shall be given the license number
and state of issuance of the license and, if known, the vehicle
identification number and the make, model, and model year of the
vehicle to be towed.
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(b) If notified by the dispatcher or any law enforcement
officer that the vehicle is subject to seizure by law enforcement
authorities for evidentiary purposes, the tow truck operator or
towing service shall forthwith relinquish the vehicle to such
authorities and shall not be entitled to recover any costs or fees_
q.d.t,.~ b,,vq.p q,.p ,&. %,,,r j.. w,.,.,&& .d.J,& m.p&&,.a.k.P w,,.,*&&q,.a~.,.d, q.p %.,,, &,. ·
Sec: 2i-426. "~ ..... '-- & "' ~ '-J -f "-~-'- Rec
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%%4,,/ &qq..;~l..qulW 'b,.&* q,d*q,..'J~lb k.,;q~,,.&. · ,lil.~l~q,~' va. ~,,~.,-&. %,& ~-v.&. h.,?AAq. A,--L.i. '~M'maq.&&. q'.~%.,,' q.,4,&&.,Z 4. q~"q'.'
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-(-e-)- A monetary receipt for each and every ~ fee collected
must be given to those persons whose vehicles have been towed by
the towing service, or released after hook up, upon release of the
vehicle· The information on the receipt must be clearly legible
and include the time, date and place of the tow, the name of the
tow truck operator who made the tow and the name of the towing
service said operator works for. The receipt must also list the
amount of money paid for the release the vehicle, any additional
charges incurred in the tow, and the reason for said additional
charges· A copy of the receipt must be retained by the towing
service for a period of one (1) year and shall be made available
for inspection by city police or the commissioner of revenue during
normal business hours of the tow truck service owner.
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Section 21-429. Miscellaneous prohibited acts by tow truck service
or operator·
Except when acting as an agent in the legal repossession of a
vehicle, it shall be unlawful for any tow truck service or operator
to-
(1) Tow or otherwise move a vehicle from any area or portion
of a public street, without either the consent of the
owner or custodian of the vehicle or authorization from
a police officer or other designated official of the
city.
(2) Block the movement of or tow or otherwise move a vehicle
from any private road, driveway or any other privately
owned land or property within the city, except upon
request of the owner or custodian of the vehicle; or upon
written request of a property owner, lessee or agent in
charge of such property; provided that the foregoing
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restrictions shall not apply to any towing service which
has entered into a written contractual agreement to
remove all unauthorized vehicles from certain property,
and provided further that there is posted on said
property the name and telephone number of the contracted
towing service, as provided by section 21-~21(a) 21-422
(a).
(3) Tow or otherwise move a vehicle from any private road or
driveway, or from any other privately owned land or
property within the city to a place out of the city,
without the consent of the owner or custodian of the
vehicle; provided that, after a period of not less than
twenty-four (24) hours following the initial towing of a
vehicle, as recorded in the police dispatcher's log, any
such vehicle may be moved to a storage area outside the
city, with prior notification to and approval of the
police department.
(4) Block the movement of any vehicle, other than when on the
property of the tow truck service, to prevent the
movement thereof by its owner or custodian who has
appeared and desires to move the vehicle.
(5)
"^N~-~^~ ; ....... N ...... " .... ~o wait for employment
by standing or parking on public property.
(6) Tow or otherwise move a vehicle from any place in the
city utilizing a wrecker or tow truck which is not
insured as required by section 18-55.1 of this code.
(7) Provide false information to any police dispatcher
concerning any vehicle towed.
(8) Require the owner of any towed vehicle to wait for a
period exceeding two (2) hours for release of a vehicle.
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Any delay over two (2) hours caused by failure to monitor
or respond to calls placed to the operator's designated
telephone number shall constitute a violation of this
section.
(9) Move any vehicle to any intermediate place of storage, or
to any location other than to the registered secure
storage yard of a tow truck service, unless specifically
requested by the owner or custodian of said vehicle.
(10) Upon request by any owner or custodian of a currently
licensed vehicle, deny or prevent access to said vehicle
for the purpose of removing personal items, whether or
not the owner or custodian is then able to reclaim the
vehicle.
(11) ~ ..... nny -"~ ...... fcc ;-" ....... ~ "- ~- "'~'~'~'~'-- ~'"
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Adopted by the Council of the City of Virginia Beach, Virginia
on the llth day of ADr~] , 1995.
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CA-5868
%ORD IN,PRO POS ED% 21-421 ET. ORD
R-3
MARCH 17, 1995
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Item IV-J. 2.
CONSENT AGENDA
ITEM # 39045
ORDINANCES/RES OL UTION
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Orchnance to authorize the City Manager to execute an Agreement
between the Virginia Department of Transportation (VDOT) and the Ctty
of Virginia Beach re development and administratton of Independence
Boulevard Phase IV-C (CIP 2-219)
Vottng: 10-0
Counctl Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Wilham W tlarrison, Jr,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera
E Oberndorf, Nancy K~ Parker, Vice Mayor William D. Sessoms, Jr. and
Loutsa M Strayhorn
Council Members Votmg Nay.
None
Council Members Absent:
Robert K. Dean
April 11, 1995
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT FOR
THE DEVELOPMENT AND ADMINISTRATION
OF INDEPENDENCE BOULEVARD
IMPROVEMENTS BETWEEN THE
COMMONWEALTH OF VIRGINIA, DEPARTMENT
OF TRANSPORTATION AND THE CITY OF
VIRGINIA BEACH FOR INDEPENDENCE
BOULEVARD PHASE IV-C, CIP 2-219
PROJECT
WHEREAS, on May 24, 1994, the City Council adopted a
resolution requesting the Virginia Department of Transportation to
include the Independence Boulevard Phase IV-C Project in their Six-
Year Program;
WHEREAS, the project is for the widening of the existing four-
lane roadway to a six-lane arterial highway on a six-lane right-of-
way from Pembroke Boulevard to Haygood Road, a distance of
approximately 5,400 feet, which two-lane expansion will occur
within the current median area, thus minimizing the interruption to
the commercial establishments along the roadway;
WHEREAS, this project will complete Independence Boulevard
between Pembroke Boulevard and the Haygood Road intersections
thereby relieving traffic congestion along this important roadway
segment;
WHEREAS, it is in the City's best interest to administer the
design, acquisition, and construction of this section of
Independence Boulevard from Holland Road to Haygood Road, allowing
the use of the City's project team currently working on
Independence Boulevard Phases IV-A and IV-B to ensure coordination
and timeliness of design and construction.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That City Council hereby approves the agreement
between the Commonwealth of Virginia, Department of Transportation,
and the City of Virginia Beach, a copy of which is attached hereto
and is hereby incorporated by reference.
Section 2. That the City Council hereby authorizes and
directs the City Manager to execute the aforementioned agreement on
behalf of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the llth day of April , 1995.
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CA-5890
NONCODE\CA5890. ORD
MARCH 29, 1995
R-1
~DA~ TO CONTENT8
DEPARTMENT
A(IREEMEI~ FOR TI~ DEVELOPMENT AND ADMINISTRATION
OF INDRPRND~ICE BOULEVARD IMPRO~S
BY TR~ C'rTY OF VIR(IINIA BEACR
THIS AGREEMENT, made and executed in triplicate as of this
day of , 19. , between the COMMONWEALTH
OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter called the
"Department" and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia, hereinafter called the
"City" .
W I T~~~~
WHEREAS, the Department has adopted a Six Year Improvement
Program for Fiscal Years 1994-95 through 1999-2000 for Urban
highways, which includes an allocation of funds for an improvement
project in the City known as Independence Boulevard from Pembroke
Boulevard to Haygood Road, a length of 1.1 miles and designated as
Project 0225-134-F02, PE101, RW201, C501, and referred to
hereinafter as the "Project"; and
WHEREAS, the estimated cost is $434,000.00 for preliminary
engineering, $1,275,000.00 for right-of-way acquisition and utility
relocations, and $2,611,000.00 for construction; for a total of
$4,320,000.00; and
WHEREAS the Department and the City desire to construct the
Project as expeditiously as possible and the City agrees to have
the Project completed within the time frame indicated in the
Department's Six Year Improvement Program;
NOW, THEREFORE, for and in consideration of the premises and
mutual covenants and agreements contained herein, the parties
hereto agree as follows:
1. The City shall consult with, and act as the agent of, the
Department in performing the preliminary engineering,
right-of-way and construction phases of the Project,
specifically including the following:
a. Contract with a consultant to perform the
preliminary engineering, design and plan
development necessary to award a contract for the
construction of the Project. The consultant will
be subject to a pre-award audit by the Department.
The City will perform the administration,
supervision and inspection of the construction of
the Project through final acceptance, in accordance
with Department procedures and policies, including
settlement of any claims and disputes arising from
the Project.
b. Submit each phase of the work to the Department for
review and approval as the Project develops; allow
Department personnel to inspect all phases of the
Project at all times. The Department will perform
all reviews in a timely manner.
c. Prepare plans for the Project, including such items
as general notes, references to specifications and
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standards, typical sections, drainage plans,
erosion and sediment control methods, profiles,
cross sections, summaries, and the like. Plans may
be prepared in accordance with the City's standards
and format, provided the standards are acceptable
to the Department.
Evaluate for potential contaminated and/or
hazardous waste sites during the survey or early
plan development stage. Be prepared to discuss the
presence of these sites and design alternatives at
the preliminary field review. Once contamination
is determined to exist, whether obvious or
established through testing, the City shall notify
the Department and the appropriate regulatory
agency. With Department approval, conduct detailed
studies such as site characterization to determine
the length of time required for clean-up and
potential financial liability for the City and
Department if it is decided to purchase the
property. The first option, however, is to pursue
remediation by the property owner(s) through the
appropriate agencies.
Advertise and conduct a Citizens Information
Meeting and a Location and Design Public Hearing on
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the Project in accordance with Department
requirements and coordinate the Project with
property owners in the Project area.
Prepare right-of-way plans for the Project and
acquire title to all right-of-way needed for the
Project in the name of the City by purchase or by
eminent domain, if necessary.
Abide by Titles 25 and 33 of the 1950 Code of
Virginia, as amended, in the acquisition of rights-
of-way for this Project and follow the policy and
procedures outlined in Section 702.02 of the
Department's Right of Way Manual, which are
incorporated by reference.
Provide relocation assistance to those whose
property is acquired for the Project in conformance
with the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as
amended. (49 CFR Part 24)
Maintain all appraisals, negotiation reports,
relocation assistance files, closing statements,
eminent domain records and the like for a period of
three (3) years after completion of the Project.
Coordinate and authorize utility relocations.
Procure a contractor to construct the Project, in
conformance with applicable provisions of the
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Virginia Public Procurement Act. The City agrees
not to award such contract until the Commonwealth
Transportation Board has accepted and approved the
bid and the contractor, and until a standard
Municipal-State Agreement is executed or earlier
approval is given by the Department. The City
agrees to bear at least two percent (2%) of the
cost of the Project. Department policy will govern
the rate of participation for utility relocations
and storm sewers.
Submit any change orders to the construction
contract to the Department's Resident Engineer for
approval. The Department will review in a timely
manner. Formal notifications may be issued by the
City as necessary to avoid delays and unsafe
situations with the corresponding change order to
follow to the Department.
Receive Department approval of any claims prior to
settlement.
Maintain accurate records of the Project and
documentation of all expenses for which
reimbursement will be requested, and make such
records available for inspection and/or audit by
the Department at any time.
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o. Submit to the Department's Resident Engineer on a
monthly basis a certification of all Project
expenses incurred and paid during the preceding
month for all preliminary engineering, right-of-way
or construction. All preliminary engineering
charges shall cease on the date the construction
contract is awarded. The final billing shall be
made on the basis of final actual costs,
reconciling any differences with previously billed
amounts. Interim and final billings shall be
submitted on the Department's Form AS-5.
p. Agree to bear 100% of all costs expended in the
event the Project is terminated by the City during
any phase of work.
The Department will coordinate with, cooperate with, and
assist the City in implementing the Project, and
specifically agrees to:
a. Review each phase of the Project and respond in an
expeditious manner to requests from the City for
b ·
assistance.
Prepare the
coordinate
Project environmental document,
the Project through the State
Environmental Review Process and carry out the
functions necessary to clear the Project
environmentally and obtain the necessary permits.
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However, should the Project be classified as a
major action and scoping meetings become necessary,
the City may be required to participate with VDOT
in reviewing the Project with the state resource
agencies to ensure coordination of plan and
environmental development.
c. Provide reimbursement of actual Project
expenditures for the previous month or for the
final billing, within thirty (30) days of receiving
from the City an acceptable invoice of the
expenses.
d. Audit all Project costs and records as may be
required or appropriate.
e. Provide funding for the Project pursuant to the
Department's Six Year Improvement Program.
Nothing herein shall be construed as creating any
personal liability on the part of any officer, employee,
or agent of the parties, nor shall it be construed as
giving any rights or benefits to anyone other than the
parties hereto.
This Agreement shall be binding upon the parties hereto,
and their respective successors and assigns.
Upon the execution of this Agreement by both parties, the
City is hereby authorized to commence with the Project.
This Agreement may be modified with the mutual consent of
the Department and the City.
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IN WITNESSETH WHEREOF, the parties hereto have caused this
Agreement to be executed by their duly authorized officers.
ATTEST:
CITY OF VIRGINIA BEACH
CITY CLERK
CITY MANAGER
APPROVED AS TO FORM:
BY:
ASSISTANT CITY ATTORNEY
WITNESS:
COMMONWEALTH OF VIRGINIA,
DEPARTMENT OF TRANSPORTATION
BY:
COMMISSIONER
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Old ~
Donofion
Scl~ol ~'
o
Pembroke
Meodows
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Item IV-J.$.
CONSENT AGENDA
ITEM # 39046
ORDINANCES/RESOL UTION
Upon motion by Vice Mayor Sessorns, seconded by Councd Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize the City Manager to execute a Lease with Beach
Quarters Inn, L.C., re use of an approximately twenty-two-foot (229
strip of that part of Atlantic Avenue abutting the West szde of the Beach
Quarters
Voting. 10-0
Council Members Voting Aye.
John A. Baum, Linwood 0 Branch, III, William W Harrison, Jr,
Harold Heischober, Barbara M. Henley, Louis R Jones, Mayor Meyera
E. Oberndorf, Nancy IC Parker, Vice Mayor William D Sessoms, Jr. and
Louisa M. Strayhorn
Councd Members Voting Nay.
None
Council Members Absent
Robert K. Dean
April 11, 1995
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AN ORDINANCE AUTHORIZING THE CITY
MANAGER TO EXECUTE A LEASE WITH
BEACH QUARTERS INN, L.C. FOR THE USE
OF AN APPROXIMATE 22' STRIP OF THAT
PART OF ATLANTIC AVENUE ABUTTING THE
WEST SIDE OF THE BEACH QUARTERS INN
WHEREAS, the City is the owner of that certain strip of
land delineated in red upon the attached plat labelled "Exhibit 1"
entitled "ALTA/ACSM Land Title Survey of Lot 7 and a Portion of
Lots 1, 8, 9 and 20' Alley, Block D as shown on Plat Entitled
~N.S.R.R. RIFLE RANGE TRACTS' 300 Atlantic Avenue, Virginia Beach,
Virginia, for Beach Quarters Inn, L.C., dated March 2, 1994 and
made by Engineering Services, Inc. and being approximately twenty-
two feet (22') of that part of Atlantic Avenue abutting the west
side of Lessee's property; and
WHEREAS, the approximate twenty-two foot (22') strip is
not currently used or occupied by the City; and
WHEREAS, Beach Quarters Inn, L.C. desires to lease the
approximate twenty-two foot (22') strip for additional customer
parking at its motel located contiguous to Atlantic Avenue; and
WHEREAS, Beach Quarters Inn, L.C. will pay the City
$7,500 annual rent and abide by all terms, covenants and conditions
contained in the proposed Agreement between the City of Virginia
Beach and Beach Quarters Inn, L.C. dated March 16, 1995.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to execute a
lease in a form substantially the same as the Agreement between the
City of Virginia Beach and Beach Quarters Inn, L.C. dated March 16,
1995, and attached hereto and incorporated by reference.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the llth day of April , 1995.
CA-5863
ORDINLNONC ODE\BEACHQTR. ORD
R-1
03/15/95
APPROVED AS TO CONTENT
l~a~ent of Publl~ Works/bi'flee of Real Estate
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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SUBJECT
SITE
WALL
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ItOJO INN
IIEvTSICI4S & LPDAI'F.S FROM/d,IqqK)V~ I, IGHIAY · SITE PLANS
IMY BE NCORPO~"TTD ON 114S MAP.
~ ~ ~: ~ · ~ ~ ~,~ ~TE ~//~C
ORIGINAL
4OO
ti' I I~ f~ 84 & "I 3~!
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A'ILANT,TC OC£AN
·
THIS AGREEMENT, made this/0cK day of Hatch , 1995, by and between
the CITY OF VIRGINIA BEACH (GRANTOR/LESSOR), a municipal corporation of the
Commonwealth of Virginia, hereinafter referred to as "CITY" or "Lessor," party of the first
part; and BEACH QUARTERS INN, L.C. (GRANTEE/LESSEE), hereinafter referred to as
"BEACH QUARTERS" or "Lessee," party of the second part.
WITNESSETH:
WHEREAS, the CITY is the owner of that certain strip of land delineated in red upon
:
the attached plat labelled "Exhibit 1" entitled "ALTA/ACSM Land Title Survey of Lot 7 and
a portion of Lots 1, 8, 9 and 20' Alley, Block D as shown on Plat Entitled 'N.S.R.R. RIFLE
RANGE TRACTS' 300 Atlantic Avenue, Virginia Beach, Virginia, for Beach Quarters Inn,
L.C., dated March 2, 1994, and made by Engineering Services, Inc. and being that part of
Atlantic Avenue abutting the west side of Lessee's property (the Leased Premises), as more
particularly described on Exhibit I (the Lessee's Property) reference being made to said survey
for the dimensions and descriptions thereof; and
WHEREAS, the Leased Premises is not currently used or occupied by the CITY; and
WHEREAS, in its present state, said strip or parcel of land is difficult to maintain
to prevent littering and misuse by the public; and
WHEREAS, BEACH QUARTERS desires to utilize the Leased Premises for
additional customer parking at its motel located contiguous to the Leased Premises; and
WHEREAS, BEACH QUARTERS will, in addition to the other covenants and
agreements contained herein, maintain and police said area.
NOW, THEREFORE, THIS AGREEMENT WITNESS~:
1. That for and in consideration of the sum of $7,500.00 per year, payable in two
(2) installments of $3,750.00, the CITY does hereby lea~ and demise unto BEACH
QUARTERS the Leased Premises. The installments are payable as foUows: ./."~I'-~"~.~
IN.D-Ill'"~- ~'""'
On or before January 1, 1995, the sum of $3,750.00 {~a~ ~
On or before Sune 30, 1995, the sum of $3,750.00
In the event that BEACH QUARTERS fails to make any rental payment or portion ther
the due date, the CITY may assess a penalty equal to 10% of the annual rent with interest at
8 % per annum, compounded daily on the unpaid balance.
2. The term of this Agreement shall be for one year from January 1, 1995, to
December 31, 1995. This lease may be renewed for four successive one (1) year terms based
on the following conditions and stipulations:
A. The Lessee must request, in writing, a renewal not later than September
30 before the lease shall expire.
B. The rental amount is subject to negotiation for each year's renewal.
C. All other terms and conditions of the original lease shall remain in force
for each renewal term.
3. Notwithstanding any condition to the contrary, it is expressly agreed that
BEACH QUARTERS' leasehold interest for the Leased Premises shall be subject to the
following conditions:
A. Use of Premises:
Lessee shall comply with all laws, rules and regulations of Lessor and
all other governmental authorities respecting the use, operation and activities on the Leased
Premises, and shall not make, suffer or permit any unlawful, improper or offensive use of such
premises or permit any nuisance thereon.
It is expressly understood and agreed that all activities on the Leased
Premises are solely that of the Lessee and Lessee, in no way, represents or acts on behalf of
the Lessor or any department thereof.
Lessee shall use the Leased Premises only for the purposes listed herein
and any other use thereof unless necessarily incidental to such listed and allowed uses shall
constitute a breach of the Agreement and cause its immediate termination.
B. Assignment and Sub-Lease:
This lease may not be assigned or transferred, and the Leased Premises
may not be sublet, either in whole or in part, by Lessee without Lessor's prior written consent.
C. Lessee shall not be entitled to renew this Agreement in the event Lessee
is in default in the performance of any of the covenants, terms, or conditions of this
Agreement.
D. The CITY reserves the right at any time without prior written notice to
enter upon the Leased Premises for any public purpose making reasonable efforts not to disrupt
BEACH QUARTERS' business.
E. The parties acknowledge that the CITY has certain powers, purposes
and responsibilities. To discharge its powers, purposes or responsibilities, the CITY shall have
the right to require BEACH QUARTERS to immediately dismantle and remove any and all
improvements from the Leased Premises, within four hours after notice is given to BEACH
QUARTERS or its managerial agent. Then the CITY shall have the exclusive right to use the
Leased Premises, and BEACH QUARTERS shall surrender possession and control as
the CITY deems necessary. The CITY shall exercise this right only in cases of emergen~'~.,Ff'~
F. BEACH QUARTERS understands and agrees that the CIT'l~s
continuing to evaluate alternative uses for the Leased Premises; therefore, the CITY reserv~'~
the right to terminate this lease by giving written notice to BEACH QUARTERS at least ninety
(90) days in advance of the date of termination. Any rent paid in advance by BEACH
QUARTERS shall be returned by the CITY in an amount prorated according to the actual
period of occupancy during the months of May through October of the lease year.
G. It is agreed that the power of the CITY to terminate or interrupt
BEACH QUARTERS' use of the Leased Premises shall not be arbitrarily or capriciously
exercised.
4. BEACH QUARTERS will maintain the improvements placed upon the
Leased Premises in a safe, clean, and orderly condition; be responsible for the orderly
conduct of its patrons on the Leased Premises; and will act immediately in response to
any notices by the CITY with reference to the foregoing.
5. It is further understood and agreed as part of the consideration hereof, that
BEACH QUARTERS shall be responsible for the maintenance and/or repair of the Leased
Premises arising out of BEACH QUARTERS' usage of the Leased Premises. Should any
maintenance and/or repair work be required during the term of this Agreement and any
determination of BEACH QUARTERS' liability for said maintenance and/or repair work be
deemed necessary, then the decision of the CITY as to the scope of the required work and the
amount of such liability shall control and be binding on BEACH QUARTERS.
6. Upon termination thereof pursuant to the terms hereof, BEACH QUARTERS
shall promptly restore the Leased Premises to the same conditions existing prior to its
occupancy.
7. BEACH QUARTERS shall indemnify and save harmless the CITY and all its
employees from and against all losses and expenses incurred because of claims, demands,
payments, suits, actions, recoveries, and judgments of every nature and description brought
or recovered against them by reason of any injuries to property or person, including death,
occurring on the Leased Premises or arising out of BEACH QUARTERS' use of the Leased
Premises. During the term of the lease, BEACH QUARTERS shall obtain and keep in force
All Risk Property Insurance and General Liability Insurance or such insurance as is deemed
necessary by the CITY, and all insurance policies shall name the CITY as additional named
insured or loss payee, as applicable. BEACH QUARTERS agrees to carry comprehensive
general liability insurance in an amount not less than $1,000,000.00, combined single limits
of such insurance policy or policies. BEACH QUARTERS shall provide endorsements
providing at least thirty (30) days written notice to the CITY prior to the cancellation or
termination of, or material change to, any of the insurance policies. It is the intent of this
Agreement that BEACH QUARTERS shall assume all responsibilities and liabilities, vested
or contingent, with relation to the Leased Premises.
8. APPLICABLE LAW/COMPLIANCE WITH ALL LAWS/VENUE:
Applicable Law. This Agreement shall be deemed to be a Virginia Agreement
and shall be governed as to all matters whether of validity, interpretations, obligations,
performance or otherwise exclusively by the laws of the Commonwealth of Virginia, and all
questions arising with respect thereto shall be determined in accordance with such laws.
5
Regardless of where actually delivered and accepted, this Agreement shall be deemed to have
been delivered and accepted by the parties in the Commonwealth of Virginia.
Venue. Any and all suits for any claims or for any and every breach or
dispute arising out of this Agreement shall be maintained in the appropriate court of competent
jurisdiction in the City of Virginia Beach.
9. If any section, paragraph, subparagraph, sentence, clause or phrase of this
Agreement shall be declared or judged invalid or uficonstitutidnal, such adjudication shall not
affect the other sections, paragraphs, subparagraphs, sentences, clauses or phrases.
IN WITNESS WHEREOF, the parties hereto have each caused this Agreement to be
executed by their proper representatives as of the day and year first above written.
CITY OF VIRGINIA BEACH
(SEAL)
ATTEST:
BY
City Manager/Authorized
Designee of the City Manager
Ruth Hodges Smith
City Clerk
AP~'ROVEL' AS TO CC,,NTC~NTS
SICNATU'Z,E
D[PARTMENT
APPROVED AS TO LEGAL
'"" ~: C'Et',ICY AND FORM
r IT/' ~',TTC, RN[ f
BEACH QUARTERS INN, L.C.
By: Professional Hospitality
Resources, Inc., Co-Manager
Vine President
By:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I,
Golden Sands, Inc.,
Co-Manager
By:
Secretary
, a Notary Public in and for the City and
State aforesaid, do hereby certify that , City
Manager/Authorized Designee of the City Manager, whose name is signed to the foregoing
writing, bearing date the~ day of
me in my City and State aforesaid.
Given under my hand this
,1995, has acknowledged the same before
day of , 1995.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, , a Notary Public in and for the City and
State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, whose name is
signed to the foregoing writing, bearing date the day of , 1995, has
acknowledged the same before me in my City and State aforesaid.
Given under my hand this day of , 1995.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH , to-wit:
I, ~',',~,,.berl~ '~ f~q¢~ t~ , a Not~ Public in and for the City and
Stateaforesaid, doherebyce~that ~e(4 ~. ~wa~ , ~;~ ~/~5~t~
on behflf of Beach Queers, Inc., Co-Manager, whose name is signed to the foregoing
writing, bearing date the/(~tL day of Hatch , 1995,, has acknowledged the same before
me in my City and State aforesaid.
Given under my hand this
My Commission Expires:
/~,-- day of ]4q a~ re~
,1995.
·
0
STATE OF VIRGINIA
CITY OF L/~,- ~ a~,. , to-wit:
I, ~,~ ~,r t~ ~. /qA,'c~~ ~,/~ ,a Notary Public in and for the City and
Stateaforesaid, doherebycertifythat L~a,~,~ ~/'~,V¢[~ , ~ear.e-bt~,.-~j,
on behalf of Golden Sands, Inc., Co-Manager, whose name is signed to the foregoing writing,
bearing date the [ 6,q~. day of f~ ct~c~ , 1995, has acknowledged the same before me in
my City and State aforesaid.
Given under my hand this
day of ~V~, ~& , 1995.
My Commission Expires:
- 23 -
Item IV-J. 4
CONSENT AGENDA
ITEM # 39047
ORDINANCES/RESOL UTION
Upon motion by Vice Mayor Sessoms, seconded by Councd Lady Strayhorn, City Council ADOPTED:
Ordmance to APPROPRIATE $129,086 additional revenue from the
Virgmta Department of Corrections to the Sheriff's Office Divtsion of the
Community Corrections Budget re support of the Community Diversion
Initiative Program.
Voang. 10-0
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, William W Harrison, Jr,
Harold Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera
E Oberndorf,, Nancy lC Parker. Vice Mayor William D. Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voang Nay:
None
Councd Members Absent.
Robert lC Dean
April 11, 1995
AN ORDINANCE TO APPROPRIATE $129,086 IN ADDITIONAL REVENUES
FROM THE VIRGINIA DEPARTMENT OF CORRECTIONS TO SUPPORT
THE COMMUNITY DIVERSION INITIATIVE PROGRAM
WHEREAS, the Commumty D~vers~on Imt~at~ve Program ~s a state grant program whose funding ~s
based upon the number of state inmates d~verted from mcarcerabon, and
WHEREAS, the V~rglma Department of Corrections has ~ncreased the grant funding for th~s
program due to ~ncreased numbers of chents served by the V~rg~ma Beach Program, and
WHEREAS, penodlcally the C~ty's Approved Operating Budget needs to be reahgned w~th the
State's grant budget
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $129,086 ~n add~bonal revenues from the V~rglma Department of Correcbons be
appropnated ~n the FY 1994-95 Operabng Budget to support the Commumty D~vers~on Imt~abve Program and that
where necessary the C~ty's Operabng Budget accounbng be adJusted to reflect the State's Budget
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BE IT FURTHER ORDAINED, that FY 1994-95 esbmated revenues from the Commonwealth be
~ncreased by $129,086 to reflect the ~ncreased grant amount
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Adopted by the Council of the C~ty of V~rg~ma Beach, V~rg~nla on the ll~day of April , 1995
Approved as t.o Content
' Walter Kmeme
Management and Budget
CRW-D \OB95\SHERIFF~CDI ORD
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front yard; where the activity is conducted on the
premises which is the bona fide residence of the
principal practitioner, and no person other than
members of the immediate family occupying such
dwelling unit is employed in the activity; where
such activity is conducted only in the principal
structure on the lot; where there are no sales to
the general public of products or merchandise from
the home; and where the activity is specifically
designed or conducted to permit no more than one
(1) patron, customer, or pupil to be present on the
premises at any one time. The following are
specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops,
auto repair shops, or similar establishments.
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(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof:
(1) Automobile and small engine repair establishments,
provided that all repair work shall be performed
within a building;
(2) Automobile service stations; provided that, where
there is an adjoining residential or apartment
district without an intervening street, alley or
permanent open space over twenty-five (25) feet in
width and where lots separated by a district
boundary have adjacent front yards, a six-foot
solid fence shall separate the automobile service
station use from the adjacent residential district
and no ground sign shall be within fifty (50) feet
of the residential or apartment district;
(3) Car wash facilities, provided that:
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(4)
(5)
(6)
(i';)
(7)
(8)
(9)
(10)
(11)
(12)
(i) No water produced by activities on the zoning
lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent
properties;
(ii) A minimum of three (3) off-street parking
spaces for automobiles shall be provided for
each car wash space within the facility;
Churches;
Dormitories for marine pilots;
Eatinq and drinking establishments where all four
three of the following occur:
(i) Alcoholic beverages are served;
(ii) The establishment operates at any time between
12:00 midnight and 2:00 a.m.; and
i~ The establishment excludes mi.norm (persons
under cightccn ~t~ twenty-one (21) years of
age~ during any part of the day,
including convalescent or nursing homes; maternity
homes; child care centers, other than those covered
hereinabove, when not operated by a public agency;
Home occupations;
Hospitals and sanitariums;
Marinas, including facilities for storage and
repair of boats and sale of boating supplies and
fuel;
Mini-warehouses, provided that the yard shall be
completely enclosed except for necessary openings
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(13)
(14)
(15)
(16)
(17)
(18)
for ingress and egress by a fence or wall not less
than six (6) feet in height;
Motor vehicle sales and rental, provided the
minimum lot size is twenty thousand (20,000) square
feet;
Passenger transportation terminals;
Public utility storage or maintenance
installations;
Radio and television broadcasting stations and
line-of-sight relay devices;
Recreational and amusement facilities of an outdoor
nature, which may be partially or temporarily
enclosed on a seasonal basis with approval of city
council, provided that, in the development of such
properties, safeguards are provided to preserve and
protect the existing character of adjacent
properties, except that riding academies and
recreational campgrounds shall not be allowed as a
conditional use or otherwise.
Satellite wagering facility.
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the
Adopted by the Council of the City of Virginia Beach on
llth day of April , 1995.
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50O
CA-94-5737
~ordin\noncode\E&D. orn
R-4
February 16, 1995
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- 41 -
Item IV-M. 1.
APPOINTMENTS
ITEM # 39060
Upon NOMINATION of Vice Mayor Sessoms, City Council APPOINTED:
SPORTS AUTHORITY OF HAMPTON ROADS
Walter J. Wilkins
Unexpired term thru 05/31/98
Voting. 10-0
Council Members Voting Aye
John A. Baum, Ltnwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf,, Nancy K. Parker, Vtce Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
Robert K. Dean
April 11, 1995
- 42 -
Item 1V-M. 2.
APPOINTMENTS
ITEM # 39061
Upon NOMINATION of Vice Mayor Sessorns, City Council APPOINTED:
TIDEWATER REGIONAL GROUP HOME COMMISSION
Jody M. Wagner
Unexpired tertn thru 06/30/98
Voting: 10-0
Council Members Voting Aye'
John A Baum, Ltnwood 0 Branch, III, William W Harrtson, Jr, Harold
Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E.
Oberndorf, Nancy K~ Parker, Vice Mayor Wilham D. Sessoms, Jr and
Loutsa M Strayhorn
Council Members Voting Nay:
Nolle
Counctl Members Absent.
Robert K. Dean
April 11, 1995
Item IV-O. 1.
CITY COUNCIL SPONSORED ITEM ITEM it 39062
Upon moa'on by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordmance to AMEND and REORDAIN Chapter 6 of the Code of the
City of Virginia Beach by ADDING a new Section 6-16.1 re
establishment of a recreational swimming area and AMENDING
Section 6-120 1 re personal watercraft.
(Sponsored by Councdman W. W. Harrison, Jr)
Vottng: 10-0
Council Members Voting Aye:
John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay'
None
Councd Members Absent.
Robert I~ Dean
This item was BROUGHT FORWARD prior to the Planning Agenda
April 11, 1995
Requested by Councilmember William W. Harrison, Jr.
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AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 6 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA BY ADDING A
NEW SECTION 6-16.1 AND AMENDING
SECTION 6-120.1 PERTAINING TO
ESTABLISHMENT OF RECREATIONAL
SWIMMING AREA, AND PERSONAL
WATERCRAFT, RESPECTIVELY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 6 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained by adding a new Section
6-16.1 and amending Section 6-120.1 to read as follows:
Bec. 6-16.1. Recreational area for swimming and other water
activities.
(a) The City of Virginia Beach hereby finds and declares
that, due to the large number of adults and children who engage in
swimming, wading, crabbing, fishing and other water activities in
the waters adjacent to the sand beaches of the Chesapeake Bay. the
operation of motorboats in such waters when close to shore presents
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a substantial danger to the public. By adoption of this section,
it is the intent of the city to promote the public health, safety,
welfare and good order by restricting the operation of motorboats
in such waters, and thereby alleviating this danger.
(b) During the period May 1 through October 15 of each year,
from 10:00 a.m. until sunset, the area adjacent to the beaches of
the Chesapeake Bay, extending one hundred (100) yards seaward from
the shoreline, and extending eastward from the eastern boundary of
the Little Creek Naval Amphibious Base to the western boundary of
Ft. Story, is hereby designated as a recreational area for
swimming, wading, crabbing, fishing and other water activities not
involving the use of motorboats; provided, however, that the area
so established shall not be deemed to include the navigable waters
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of the Lynnhaven Inlet. Within such designated area, it shall be
unlawful for any person to operate any motorboat except when
proceeding to or from the beach or an anchora_~e, at an angle
perpendicular to the shoreline, at the minimum speed required to
maintain steerage and headway, and while maintaining a distance of
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no less than fifty (50) feet from any person or persons in the
water.
/~ Any person engaged in the business of the rental of
motorboats, and any person who provides, for a fee, a ramp or other
launching services for the launching of motorboats into waters
accessible to the area designated in subsection (b) of this
section, shall be required to post, in a clear, conspicuous and
sufficient manner, a sign indicating that local law prohibits any
person from operating a motorboat in such designated area from May
1 through October 15 of each year, except when proceeding to or
from the beach or an anchorage, at an angle perpendicular to the
shoreline, at the minimum speed required to maintain steerage and
headway, and while maintaining a distance of no less than fifty
(50) feet from any person or persons in the water.
· · ·
Sec. $-X20.X. Personal watercraft; flotation device required;
hours of operation; distance from shore, etc.
(a) No person shall, in any waters of the city, including the
marginal adjacent ocean:
(1) Operate a personal watercraft unless any person riding or
being towed behind the personal watercraft is wearing a
type I, type II, type III or type V personal flotation
device of a type approved by the United States Coast
Guard;
(2) Operate a personal watercraft at any time between sunset
and sunrise;
(3) Operate a personal watercraft at a distance of less than
fifty (50) feet from any shore, pier, bulkhead or the
boundary of any designated swimming area, or from
swimmers in the water, except when proceeding to and from
waters where operation of personal watercraft is not
restricted;
(4) Operate a personal watercraft unless he/she is at least
fourteen (14) years of age;
(5) Operate a personal watercraft unless the lanyard is
attached to his person, clothing, or personal flotation
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device, if the personal watercraft is equipped with a
lanyard-type engine cut-off switch;
(6) Operate a personal watercraft while carrying a number of
passengers in excess of the number for which the craft
was designed by the manufacturer.
(7) When launchinq or landing a personal watercraft, (i)
approach or depart from any beach at other than an angle
perpendicular to the shoreline, or (ii) proceed at a
speed greater than that which is necessary to maintain
control of such watercraft.
· · ·
Adopted by the City Council of the City of Virginia Beach on
this llth day of April 1995.
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CA-5804
DATA/ORDIN/PROPOSED/6-16-1ET.ORD
APRIL 6, 1995
R8
APPROVED AS TO LEGAL
Department of Law
Item IV-P.
ADJOURNMENT
ITEM # 39063
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:35 P.M.
Beverly 0 Hooks, CMC
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virgmia Beach
Virgtnia
April 11, 1995
- 24 -
Item IV-J. 5
CONSENT AGENDA
ITEM # 39048
ORDINANCES~RES OL UTI O N
Upon motion by Vice Mayor Sessoms, seconded by Counctl Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE the $31,850 Grant from NationsBank to
the Parks and Recreation Spectal Revenue Fund for orgamzing and
planning the After-School Programs at four (4) addittonal Middle
Schools.
Voan g : 10-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera
E. Oberndorf, Nancy K. Parker, Vice Mayor Wdliam D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members [/ottng Nay
None
Council Members Absent.
Robert K. Dean
April 11, 1995
AN ORDINANCE TO APPROPRIATE THE $31,850 GRANT FROM NATIONSBANK
TO THE PARKS AND RECREATION SPECIAL REVENUE FUND FOR
ORGANIZING AND PLANNING THE AFTER SCHOOL PROGRAMS AT FOUR
ADDITIONAL MIDDLE SCHOOLS
WHEREAS, the Department of Parks and Recreation currently operates after school
6 programs at Virginia Beach's 52 elementary schools and at Lynnhaven Middle School; and
WtW~REAS, the Department of Parks and Recreation, in cooperation with the Virginia
8 Beach Public Schools, has determined that it is feasible to open four additional after school
9 programs for middle school youth; and
10
WI-IE~, the locations of these programs are yet to be decided, but they will be placed
11 in those schools perceived to have the greatest demand for such programs; and
12
WI-IEREAS, an appropriation in the amount of $75,490 to cover operating expenses for
13 four additional programs was requested and recommended for approval in the FY 1995-96
14 operating budget, to be fully offset by registration fees; and
15
WHEREAS, the Department of Parks and Recreation has received a grant for $31,850
16 from Work/Family Directions Development Corporation, Boston, Massachusetts, on behalf of
17 NafionsBank, for organizing and planning the expansion of the after school program for middle
18 school youth in Virginia Beach.
19
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA; that $31,850 be appropriated from the Parks and Recreation
21 Special Revenue Fund to the Department of Parks and Recreation's FY 1994-95 operating budget
22 to be used for organizing and planning the after school programs at four additional middle schools;
23 and
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BE IT FURTHER ORDAINED THAT; estimated revenue in the Parks and Recreation
25 Special Revenue Fund be increased by $31,850.
26 Adopted by the Council of the City of Virginia Beach on the 11 th day
27 of
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April, 1995
Approved as to Content:
Walt Kraemer
Department of Management and Budget
- 25 -
Item IV-J. 6.
CONSENT AGENDA
ITEM # 39049
ORDINANCES~RES OL UTION
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to APPROPRIATE $9,070 addittonal revenue from the State
Two-for-Life Fund #~ the FY 1994-1995 Operating Budget to the
Emergency Medical Services (EMS) Department repurchase of a
defibrillator and data processing equipment
Voting: 10-0
Council Members Votmg Aye
John A. Baum, Ltnwood 0 Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera
E. Oberndorf, Nancy IE Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay
None
Council Members Absent.
Robert K Dean
April 11, 1995
AN ORDINANCE TO APPROPRIATE $9,070 IN ADDITIONAL REVENUES FROM THE
STATE TWO-FOR-LIFE FUND IN THE FY 1994-95 OPERATING BUDGET TO PURCHASE A DEFIBRILLATOR
AND DATA PROCESSING EQUIPMENT FOR THE EMERGENCY MEDICAL SERVICES (EMS) DEPARTMENT
WHEREAS, the State Two-For-L~fe Program has provided Emergency Medical Services an
add~bonal $9,070 ~n funds which must be used for supphes and equipment to support the volunteer EMS service,
equipment, and
WHEREAS, the Department has ~dentifled a need for an add~bonal defibrillator and data processing
WHEREAS, there is no required C~ty match for these funds
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that $9,070 be appropnated to the FY 1994-95 Operabng Budget to purchase a defibrillator and
data processing equipment for the Emergency Medical Services Department, and
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$9,070
BE IT FURTHER ORDAINED, that esbmated revenues from the Commonwealth be ~ncreased by
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Adopted by the Council of the C~ty of V~rg~n~a Beach, V~rg~ma on the _L],~b day of ~, 1995
APPROVED AS TO
Approved as to Content
CRW-D \OB95\EMS\EMS ORD
- 26 -
Rem IV-J. Z
CONSENT AGENDA
ITEM # 39050
ORDINANCES/RES OL UTION
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to authorize the City Manager to TRANSFER $802 from the
General Fund Reserve for Contingencies to the Department of Mental
Health's FY 1994-1995 Operating Budget re reimbursement to two Ctty
employees for legal fees and expenses incurred in their defense of
charges artsmg from the performance of thetr offictal duties
Vottng: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr.,
HaroM Heischober, Barbara M Henley, Louts R Jones, Mayor Meyera
E. Oberndorf, Nancy I~ Parker, Vice Mayor Wtlham D. Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent
Robert K. Dean
April 11, 1995
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AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
TRANSFER FUNDS IN THE AMOUNT OF $802.00 FROM
THE GENERAL FUND RESERVE FOR CONTINGENCIES TO
THE DEPARTMENT OF MENTAL HEALTH'S FY 94-95
OPERATING BUDGET FOR THE PURPOSE OF
REIMBURSING TWO CITY EMPLOYEES FOR LEGAL FEES
AND EXPENSES INCURRED IN THEIR DEFENSE OF
CHARGES BROUGHT AGAINST THEM ARISING OUT OF
THE PERFORMANCE OF THEIR OFFICIAL DUTIES
WHEREAS, two employees of the Virginia Beach Department
of Mental Health were each charged with obstruction of justice for
actions arising out of the performance of their official duties;
WHEREAS, the charges against the employees were nol
prossed in the Virginia Beach General District Court on March 1,
1995, and it has been determined that no further charges will be
brought against either employee;
WHEREAS, in their defense of said charges, the employees
incurred legal fees and expenses of $802.00 and have requested the
City to reimburse them for such fees and expenses;
WHEREAS, Code of Virginia Section 15.1-19.2:1 provides
that "[i]f any officer or employee of any county, city or town
shall be ... prosecuted on any criminal charge arising out of any
act committed in the discharge of his official duties, and no
charges are brought or the charge is subsequently dismissed or upon
trial he is found not guilty, the governing body of the
jurisdiction wherein he is appointed may reimburse such officer or
employee for reasonable legal fees and expenses incurred by him in
defense of such... charge ...."-, and
WHEREAS, the City Attorney's Office has reviewed the
circumstances of the case, assessed the itemized bill submitted by
the employees' legal counsel, and determined that the legal fees
and expenses incurred by each employee are reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is hereby authorized to transfer
funds in the amount of $802.00 from the General Fund Reserve for
37
38
39
40
41
42
43
Contingencies to the Department of Mental Health's FY 94-95
Operating Budget for the purpose of reimbursing two employees for
legal fees and expenses incurred by them in their defense of
criminal charges brought against them arising out of the
performance of their official duties.
Adopted by the Council of the City of Virginia Beach,
Virginia on this ]]th day of Anr{] , 1995.
44
45
46
47
CA-5897
DATA~ORDIN~NONCODE ~FEES . ORD
R-3
APRIL 3 1995
APPROVED AS TO COHTEHT
Depariment of-Ma~agefl~t and Budget
APPROVED AS TO LEGAL
SUF~CIENCY
I~'~tment of Law
- 27 -
Item IV-ICI.
CONSENT AGENDA
ITEM # 39051
ORDINANCES~RES OL UTION
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council ADOPTED:
Resolution to approve issuance of Industrtal Revenue Bonds by the
Vtrgmta Beach Development Authority, not to exceed $3,000,000, for a
33,570 square-foot office/warehouse in behalf of Al-Anon Family
Group Headquarters, Inc. at the Southeast corner of Dam Neck Road
and Corporate Landing Industrial Park (PRINCESS ANNE BOROUGH).
Voang: 9-0
Council Members Voang Aye
John A. Baum, Ltnwood O. Branch, III, HaroM Hetschober, Barbara M.
Henley, Louts R. Jones, Mayor Meyera E. Obcrndorf, Nancy K. Parker,
Vice Mayor Wilham D. Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Vottng Nay:
None
Council Members Abstaining.
Wilham W. Harrison, Jr.
Counctl Members Absent.
Robert K Dean
Councilman Harrison ABSTAINED as hts law firm represents the applicant.
April 11, 1995
SUMblARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
PROJECT NAME:
2. LOCATION:
A~l.-Anon Fam_il~ Group Headquarters, Inc.
World Service Office
Southeast Corner of Dam Neck Road a.nd~Corporate
t_anding Parkway in Corporate Landing Industrial Par. k
3. DESCRIPTION OF PROJECT:
foot offiLce/w~rehouse facility
4. AMOUNT OF BOND ISSUE:
Not to exceed $3,000,00_0
5. PRINCIPALS:
None
6. ZONING CLASSIFICATION:
a. Prese. nt zoning
classification of the
Property
b. Is rezoning proposed?
c. If so, to what zoning
classification?
I-1
Yes
N/A
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE s Feb~u&~y 2~, 1995
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Al-Anon Faintly G~oup Headquarters, Inc.
TYPE OF FACILITY:
1. Maximum amount of financing sought $_3,000.000 .
2. Estimated taxable value of the '
facility's real property to be
constructed in the municipality
·
·
·
·
·
Estimated real property tax per
year using present tax rates
Estimated personal property tax
per year using present tax rates
Estimated merchants' capital
(business license) tax per
year using present tax rates
·
Estimated dollar value per year
of goods and services that will
be purchased locally
·
Estimated number of regular
employees on year round basis
62
8. Average annual salary per employee
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
Chairman'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH APPROVING THE ISSUANCE OF INDUSTRIAL
DEVELOPMENT REVENUE BONDS TO AL-ANON FAMILY GROUP
HEADQUARTERS, INC.
WHEREAS, the City of Virginia Beach Development Authority (the"Authority") has
considered the application of Al-Anon Family Group Headquarters, Inc., a New York
nonstock corporation (the "Company"), for the issuance of the Authority's industrial
development revenue bonds in an amount not to exceed $3,000,000 (the "Bonds") to assist in
the financing of the Company's acquisition, construction and equipping of a 33,570 square
foot office/warehouse headquarters facility (all improvements and land being collectively
referred to as the "Facility") to be located on approximately a 5 2 acre parcel of land situated
at the southeast comer of Dam Neck Road and Corporate Landing Parkway in Corporate
Landing Industrial Park, and has held a public hearing thereon on February 21, 1995; and
WHEREAS, the Authority has requested that the City Council (the "Council") of the
City of Virginia Beach, Virginia (the "City"), approve the issuance of the Bonds to comply
with Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"); and
WHEREAS, Pursuant to § 15.1-1378.1 of the Code of Virginia of 1950, as amended,
a copy of the Authority's resolution approving the issuance of the Bonds, subject to terms to
be agreed upon, and a reasonably detailed summary of the comments, if any, expressed at
the public hearing have been filed with the Council of the City;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
1. The Council of the City approves the issuance of the Bonds by the Authority
in a principal amount not to exceed $3,000,000 for financing the acquisition, construction
and equipping of the Facility for the benefit of the residents of the City, to the extent
required by Section 147(0 of the Code, to permit the Authority to assist in the financing of
the Facility.
2. The approval of the issuance of the Bonds does not constitute an endorsement
of the Bonds or the creditworthiness of the Company; but, pursuant to Chapter 643, Virginia
Acts of Assembly of 1964, as amended, the Bonds shall provide that neither the City nor the
Authority shall be obligated to pay the Bonds or the interest thereon or other costs incident
thereto except from the revenues and moneys pledged therefor, and neither the faith or credit
nor the taxing power of the Commonwealth, the City or the Authority shall be pledged
thereto.
3. In approving this Resolution, the City, including its elected representatives,
officers, employees and agents, shall not be liable and hereby disclaims all liability for any
damages to any person, direct or consequential, resulting from the Authority's failure to
issue bonds for the Facility for any reason.
4. That this Resolution shall be take effect immediately upon its adoption.
Adopted by a majority of a quorum of the Council of the City of Virginia Beach,
Virginia, on March 28, 1995.
I certify the foregoing to be a true and correct copy of a resolution adopted by the
City Council of the City of Virginia Beach, Virginia, at a regular meeting held March 28,
1995.
Dated: 11 April , 1995
Clerk, City Council of the City of
Virginia Beach
Doc No 94279
February 28, 1995
ECONOMIC IMPACT
FOR
BOND ALLOCATION REVIEW
Economic Impact Statement
1. Amount of investment Upto
2. Amount of industrial revenue bond
financing sought Up to
3. Estimated taxable value of the
facility's real property to be
constructed in the City of
Virginia Beach
4. Estimated real property tax per
year using present tax rate
5. Estimated personal property tax
6. Economic impact statement
demonstrating the overall
return to the City:
ae
B ,
Ce
De
E,
Number of new jobs 60
Payroll generated $ 2,~0,000
Number of jobs retained
Fe
$ 3,000,000
$ -0- (tax-exempt)
-0-
'0-
Av. Wage $ 40,000
Payroll retained $ ---
Ay. Wage
Estimate of the value of goods and services
purchased within the geographic boundary of
Virginia Beach by type (inventory, machinery,
professional services, insurance, motor vehicles,
etc. ):
.
Type Value
Direct Expenditures
$1,347,300
Indirect and Induced Expenditures
$ 293,400
Estimated building permit fee
and other municipal fees
Ge
H ·
I ·
J ·
Estimated construction payroll
Estimated value of construction
material to be purchased within
the City of Virginia Beach
Estimated number of
construction jobs
Any other items of which the
applicant feels the Authority
should be made aware of in
evaluating the project
$ 87 $, 000
lO0
7. Is the site currently zoned for the use of being
proposed for industrial revenue bond financing?
Yes x No
8. Has a bond purchase agreement/commitment been accepted
by the applicant? (attach a copy) Yes No x
9. Will the bond financing close within 90 days from the
date of adoption of the inducement resolution?
Yes - No x
10. Location of project (attach location map)
11. Explanation of alternative financing that has been
reviewed for project
I hereby certify that the information stated in the
above Economic Impact Statement is accurate and true in all
respects.
APPLICANT:
AL-ANON FAMILY GROUP
HEADQUARTERS
-AH~o~2~Pa~ters°n
Subscribed and sworn to before me this~___ day of February, 1995.
My Commission Expires:
Notary Public
Exhibit A
0
e
e
Se
e
7,
.
1
10.
11.
12.
14.
15.
16.
17.
18.
WHAT AFG ~ TO REIDCATION SITE
by Bill Sill
Internationally known educatioml/~i~ not for profit corporation with
32,000 groups worldwide.
Headquarter corporation serving U.S./Canada and 102 other
Publishes literature - annual outsource budget $1,200,090
60 person payroll/benefits total $2,400,000
Property rental/lease at $250,000 annual
Approximately 12 top salaried employees transferring to area for
rental/purchase of property
Will be hiring about 50 skilled/semi-skilled employees in the $15,000 to
$40,000 range
Publishes a magazine with 600,000 units distributed annually
Purcha~ paper supplies/printing supplies for 4,000,000 imprinted, on
premises, items annually
Banking services including MasterCard/Visa of 2,000 transactions per year.
Visitors from all 50 states and 10 prov~ in Canada; approximately 200
each year
Arrivals at local airport, business, volunteer and staff of approximat~y
400 per year
Requires the services of outside printers to produce approximately 500,000
books and 12,000,000 pamphlets per year
Annual week-longConference for approximately 100 at--ers from theU.S.
and Canada
200 motel nights and associated meals
Use of taxi/car service 400 to airport; 50 ~etween office/hotel
Mailing service of 1,000,000 units per year
warehouse operations that fills approximately 36,000 orders annually,
employing UPS, USPS and trucking firms for delivery of approximately
50,000 boxes of material
11/16/93
file: reports~site-ben, afg
- 28 -
Item 1V-L.
PUBLIC HEARING
ITEM # 39052
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
2. ERNESTO ANDRADA, JR. AND
FIRST FILIPINO BAPTIST CHURCH
CONDITIONAL USE PERMIT
3. KLINE PROPERTIES
CONDITIONAL USE PERMIT
4. CONTEL CELLULAR, INC.
CONDITIONAL USE PERMIT
5. R. K. BUICK, INC.
CONDITIONAL USE PERMIT
6. CH & B ASSOCIATES, THE CAPLAN FAMILY TRUST 1976,
THE FLEDER FAMILY TRUST 1976 AND THOMAS C. AND
ELAINE M. KYRUS
CONDITIONAL CHANGE OF
ZONINGS AND
CONDITIONAL USE PERMIT
7. CITY ZONING ORDINANCE
AMEND Secs/Flea Markets
Certain Eating and
Drinking Establishments
Aprtl 11, 1995
- 29 -
Item 1V-L. 1.
PUBLIC HEARING
ITEM # 39053
PLANNING B Y CONSENT
Upon moaon by Councilman Jones, seconded by Council Lady Parker, City Council ,~PROVED IN
ONE MOTION Items 2, 3, and 7.
Voting. 10-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, William W Harrison, Jr.*,
HaroM Hetschober, Barbara M. Henley, Louts R. Jones, Mayor Meyera
E. Oberndorf, Nancy K. Parker, Vice Mayor William D Sessoms, Jr **
and Loutsa M. Strayhorn
Counctl Members Voting Nay
None
Council Members Absent.
Robert I~ Dean
*Councilman Harrison ABSTAINED on Item L. 3. as his law firm represents Kline Properties.
**Vice Mayor Sessoms ABSTAINED on Item L. 3. as his bank deals with Khne Properttes.
Aprd 11, 1995
- 30 -
Item IV-L. 2.
PUBLIC HEARING
ITEM # 39054
PLANNING
Upon motion by Councdman Jones, seconded by Council Lady Parker, City Council ADOPTED an
Application of ERNESTO ANDRADA, JR. and FIRST FILIPINO BAPTIST CHURCH for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ERNESTO ANDRADA, JR,
AND FIRST FILIPINO BAPTIST CHURCH FOR A CONATIONAL USE
PERMIT FOR A CHURCH EXPANSION R04951948
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI~ OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicatton of Ernesto Andrada, Jr., and First Filipino
Baptist Church for a Con&ttonal Use Permit for a church expanston on
the south stde of Holland Road, west of Monet Drive SaM parcel ts
located at 2969 Holland Road and contains 2.215 acres. PRINCESS'
ANNE BOROUGH.
The following conditions shall be required:
.
A 25-foot landscape buffer wdl be maintamed on the Southern,
Eastern and Western sides of the property Existtng vegetation
shall be preserved withm the buffer.
2 At least 35 trees wdl be planted wtthin the landscape buffer on
the Eastern stde as tdenttfted on the submttted plan
3 A right-turn lane shall be installed, as required.
Appropriate acoustical treatments must be tnstalled in proposed
buildmg structures which would achieve an outdoor-to-indoor
noise reductton of at least 30 dectbels
.
The exterior wall fimsh wdl be of Dryvit and the roofing
material wdl be shingles. The apphcant agrees that the colors
of these materials shall be approved by the Destgn Advtsory
Group
The tnterior layout and extertor appearance of the church will
substantially adhere to the plans approved by the Destgn
Advisory Group and on file with the Planning Department
The Ordinance shall be effective tn accordance with Section 107 09 of the Zomng Or&nance
Adopted by the Council of the City of Virgmta Beach, Virgmta, on the Eleventh of April, Nineteen
Hundred and Nmety-Ftve
April 11, 1995
- 31 -
Item IV-L. 2.
PUBLIC HEARING
ITEM # 39054 (Continued)
PLANNING
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., HaroM
Heischober, Barbara M. Henley, Louts R Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay'
None
Council Members Absent:
Robert K. Dean
April 11, 1995
- 32 -
Item IV-L. 3.
PUBLIC HEARING
ITEM # 39055
PLANNING
Upon motion by Counctlman Jones, seconded by Council Lady Parker, City Council ADOPTED an
Application of KLINE PROPERTIES, A Virginia General Partnership, for a Conditional Use Permtt:
ORDINANCE UPON APPLICATION OF KLINE PROPERTIES, A
VIRGINIA GENERAL PARTNERSHIP FOR A CONDITIONAL USE
PERMIT FOR A BULK STORAGE YARD (autos only) R04951949
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACIt, VIRGINIA
Ordinance upon application of Khne Properttes, a Virginia General
Partnership for a Con&tional Use Permit for a bulk storage yard (autos
only) at the southeast mtersectton of Mustang Tratl and Lynnhaven
Parkway. Satd parcel is located at 222 Mustang Trail and contains 1 1
acres LYNNHAVEN BOROUGH
The following conchtions shall be reqmred:
1. Stormwater Management Plan will be requtred for this site.
The Board of Zoning Appeals must constder the vartance
request to required Category VI screening
3. No loudspeakers will be allowed on thts site
The Ordinance shall be effecttve tn accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Counctl of the Ctty of Virginia Beach, Virgtnta, on the Eleventh of April, Ntneteen
Hundred and Ninety-Five
April 11, 1995
I
- 33 -
Item IV-L. 3.
PUBLIC HEARING
ITEM # 39055 (Continued)
PLANNING
Voting: 8-0 (By Consent)
Council Members Voang Aye.
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker,
and Loutsa M Strayhorn
Counctl Members Voting Nay'
Nolte
Council Members Abstatmng:
William W. Harrison, Jr. and Vice Mayor William D Sessoms, Jr.
Council Members Absent
Robert ~ Dean
*Councilman Harrtson ABSTAINED as his law firm represents Kline Properties.
**Vice Mayor Sessoms ABSTAINED as hts bank deals wtth Kline Properttes
April 11, 1995
- 34 -
Item IV-L. 4.
PUBLIC HEARING
ITEM # 39O56
PLANNING
John Midgett, 1200 NaaonsBank Center. Norfolk, Phone. 623-3000, represented the applicant
Upon motion by Councilman Harrison, seconded by Council Lady Parker, Ctty Council ADOPTED an
Ordinance upon applicaaon of CONTEL CELLULAR, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR, INC.
FOR A CONDITIONAL USE PERMIT FOR A COMMUNICATIONS
TOWER R04951950
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon applicaaon of Contel Cellular, Inc. for a Conditional
Use Permit for a communications tower at the southwest corner of First
Colonial Road and the Norfolk-Vtrgtnia Beach Expressway. Said parcel
ts located at 490 Ftrst Colomal Road and contains 41896 acres.
L YNNHA VEN BOROUGH
The following condition shall be required:
The requested tower shall be shifted as far Westward on the
site as posstble A vartance to the required 50-foot setback,
from roadways, shouM be presented to the Board of Zoning
Appeals (BZA) for consideratton. A mm~mum 15-foot setback
from Route 44 should be maintained.
The spectfic s~te plan, dated January 1995, as shown to City
Council this date shall be the plan presented to the Board of
Zoning Appeals (BZA) for consideratton.
The Ordinance shall be effective in accordance wtth Section 107 09 of the Zoning Ordinance.
Adopted by the Councd of the City of Virginia Beach, Virginia, on the Eleventh of April, Nineteen
Hundred and Nine~_ -Ftve
April 11, 1995
- 35 -
Item IV-L. 4.
PUBLIC HEARING
ITEM # 39056 (Continued)
PLANNING
Voting. 10-0
Council Members Voting Aye:
John A. Baum, Ltnwood O. Branch, III, Wilham W. Harrtson, Jr., Harold
Heischober, Barbara M Henley, Louis R Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vtce Mayor William D Sessoms, Jr. and
Louisa M Strayhorn
Council Members Vottng Nay.
None
Council Members Absent:
Robert IC Dean
April 11, 1995
- 36 -
Item IV-L 5.
PUBLIC HEARING
ITEM # 39057
PLANNING
Hugh L. Paterson, 1800 NationsBank Center, represented the applicant
Upon motion by Councilman Branch, seconded by Councilman Heischober, City Council ADOPTED an
Ordinance upon application of R. K. BUICK, INC. for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF R. IC BUICK, INC. FOR A
CONDITIONAL USE PERMIT FOR AUTOMOBILE STORAGE
R04951951
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of R. IC Buick, Inc. for a Conditional Use
Permit for automobile storage at the southeast corner of Virginia Beach
Boulevard and Lynnhaven Parkway. Said parcel is located at 2661
Virginia Beach Boulevard and contains 29,403 square feet. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
1. All cars will be parked on grassed pavers.
2. This Use Permit shall expire I January 1996.
The Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of April, Nineteen
Hundred and Ninety-Five.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker,
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr and Vice Mayor William D. Sessoms, Jr.
Council Members Absent.
Robert IC Dean
*Councilman Harrison ABSTAINED as his law firm represents Kline Properties
**vice Mayor Sessotns ABSTAINED as his bank deals with Kline Properties.
April 11, 1995
- 37 -
Item IV-L. 6.
PUBLIC HEARING
ITEM # 39058
PLANNING
The following registered in SUPPORT'
Attorney R. J. Nutter, represented the applicant
Adam Jack, Professional Engineer, 3647 Coleridge Court, Board of Chimney Htll Associates, spoke in
SUPPORT of the application.
William Cashman, Langley and McDonald, represented the applicant
William Schlimgen, Engineer, represented the applicant
The following regtstered tn OPPOSITION:
Peggie Lee Kennedy, 805 Ad&son Court, Phone. 631-0900
Robert Williams, 3521 Davies Court, Phone: 340-2858
Gary W Stone, 3642 Chtmney Creek Drive, Phone. 498-3462
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessoms, City Council ADOPTED
Ordinances upon Apphcation of CH&B ASSOCIATES, THE CAI'LAN FAMILY TRUST 1976, THE
FLEDER FAMILY TRUST 1976 AND THOMAS C. and ELAINE M. KYRUS for Con&tional Changes
of Zonmg and a Condittonal Use Permtt.
ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE
CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976
& THOMAS C. ELAINE M. KYRUS FOR A CONDITIONAL CHANGE'
OF ZONING DISTRICT CLASSIFICATION FROM A-12 TO B-2
Z04951445
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AND,
Ordinance upon application of CH & B Assoc., The Caplan Family Trust
1976, The Fleder Family Trust 1976 & Thomas C & Elaine M Kyrus for
a Condttional Change of Zoning District Classification from A-12
Apartment Distrtct to Conditional B-2 Commumty Business District on
certain property located on the southeast side of Holland Road beginnmg
at a point 40 feet more or less northeast of the intersectton with Windsor
Oaks Boulevard The proposed zoning classification change to
Condttional B-2 ts for commercial land use. The Comprehenstve Plan
recommends use of thts parcel for htgh density residenttal use at denstties
that are compatible with multi-family use tn accordance wtth other plan
pohcies. Said parcel contains 27 9 acres. KEMPSVILLE BOROUGH
ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE
CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976
& THOMAS C. ELAINE M. KYRUS FOR A CONDITIONAL CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM B- 2 TO
CONDITIONAL B-2 Z04951446
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon apphcation of CH & B Assoc., The Caplan Family Trust
1976, The Fleder Family Trust 1976 & Thomas C. & Elame M. Kyrus for
a Conclmonal Change of Zomng District Classification from B-2
Community Bustness District to Conchttonal B-2 Commumty Business
District on certatn property located on the southeast side of Holland
Road at the southeast mtersectton wtth Windsor Oaks Boulevard. The
proposed zomng classtficatton change to Conditional B-2 is for
commerctal land use The Comprehensive Plan recommends use of this
parcel for retail/service use in accordance with other Plan pohcies. Said
parcel contains 4 1 acres KEMPSVILLE BOROUGH.
April 11, 1995
Item IV-L. 6.
PUBLIC HEARING
ITEM # 39058 (Continued)
PLANNING
AND,
ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE
CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976
& THOMAS C. ELAINE M. KYRUS FOR A CONDITIONAL CHANGE
OF ZONING DISTRICT CLASSIFICATION FROM R- 7.5 TO
CONDITIONAL B-2 Z04951447
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CH & B Assoc., The Caplan Family Trust
1976, The Fleder Family Trust 1976 & Thomas C. & Elaine M. Kyrus for
a Conditional Change of Zoning District Classification from R-7.5
Residential District to Conditional B-2 Community Business District on
certain property located 700 feet more or less southeast of the
intersection of Holland Road and Windsor Oaks Boulevard. The proposed
zoning classification change to Conditional B-2 is for commercial land
use. The Comprehensive Plan recommends use of the parcel for low
density residential use at densities that are compatible with single family
use in accordance with other Plan policies. Said parcel contains 9.7
acres. KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF CH & B ASSOC., THE
CAPLAN FAMILY TRUST 1976, THE FLEDER FAMILY TRUST 1976
& THOMAS C. & ELAINE M. KYRUS FOR A CONDITIONAL USE
PERMIT FOR AN AUTOMOBILE REPAIR ESTABLISHMENT
R04951952
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of CH & B Assoc., The Caplan Family Trust
1976, The Fleder Family Trust 1976 & Thomas C. & Elaine M. Kyrus for
a Conditional Use Permit for an automobile repair estabhshment on
certain property located at the southeast intersection of Holland Road
and Windsor Oaks Boulevard. Said parcel contains 35 acres.
KEMPSVILLE BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded with the
Clerk of Circuit Court.
These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh of April, Nineteen
Hundred and Ninety-Five.
April 11, 1995
- 39 -
Item IV-L. 6.
PUBLIC HEARING
ITEM # 39058 (Continued)
PLANNING
Voting: 10-0
Council Members Voting Aye.
John A. Baum, Linwood 0 Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louts R. Jones, Mayor Meyera E
Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Vottng Nay
None
Council Members Absent.
Robert K. Dean
April 11, 1995
fORM NO P $. TB
City ot'" Virginia Reach
7'ER-OFF CE CORRESPOt ENCE
la Reply Refer To Our File No. DF-94-3503
DATE: March 27, 1995
TO: Leslie L. Lilley DEPT: City Attorney
William M. Macali (/~
FROM: DEPT: City Attorney
Conditional Zoning Application - CH&B Associates, et al
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 11, 1995. I have reviewed the subject proffer agreement and have
determined it to be legally sufficient and in proper legal form. Although some of the
signatures appear on individual pages, they are binding in all respects nevertheless.
Paragraph 6 of the agreement references a certain landscape plan on file in the
Planning Deparunent. That plan does not show foundation and parking lot landscaping
sufficient to meet City requirements; that matter has, however, been the subject of
discussions between the applicant's attorney and the Planning Department, and it has been
made clear that the provisions of Paragraph 6 do not supplant the City's ordinances.
Paragraph 10 of the agreement, in fact, expressly allows the City to impose further
conditions during Site Plan review.
Please feel free to call me if you have any questions or wish to discuss this ma, tter
further. A copy of the agreement is attached.
WlVtM
Enclosure
THIS AGREEMENT, made this 21st day of February 1995, by
and between CH&B ASSOCIATES, a Vi rginia General Partnership
comprised of the CAPLAN FAMILY TRUST 1976, General Partner by
ROSE CAP~, Trustee and the FLEDER FAMILY TRUST 1976,
General Partner by ~STK~R FLEDER, ~ rustee; and ROSE CAPLAN,
Trustee of the CAPLAN FAMILY TRUST 1976; and ESTHER F?.~.DER,
Trustee of the FLEDER FAMILY TRUST 1976; and THOMAS C. KYRUS
and ELAINE M. KYRUS, (hereinafter collectively referred to as
Grantors), and the CITY OF VIRGINIA BEACH, a municipal
corporation of the Commonwealth of Virginia (hereinafter
referred to as Grantee).
WITNE ~ S E TH ~
WHEREAS, Grantors have initiated a series of
applications for an amendment to the Zoning Map of the City
of Virginia BeEch, Virginia, by petition addressed to the
Grantee, so as to change the classification of the Grantor's
Property from B-2 (Commercial), A-11 (Multi-family) and R-7.5
(Single Family) to B-2 Conditional, on certain Property which
contains a total of 41.7 acres, more or less, in the
Kempsville Borough, of the City of Virginia Beach, Virginia,
more particularly described in the attached Exhibit' A,
hereinafter "the Property".
WHEREAS, the Grantee's policy is to provide only for the
orderly development of land, for various purposes, including
office purposes, through zoning and other land development
legislation~ and
WHEREAS, the Grantors acknowledge that the competing and
sometimes incompat~ble uses conflict and that in order to
permit differing uses on and in the area oE the subject
Property and at the same time to recognize the effects of the
changes, and the need for various types of uses, including
those listed above, certain reasooable conditions governing
the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned B-2
are needed to cope with the situation which the Grantors
rezoning application gives rise to~ and
WHEREAS, the Grantors have voluntarily proffered in
writing in advance of and prior to the public hearing before
the Grantee, as part of the proposed amendment to the Zoning
Map, in addition to the ~egulat£ons provided for in the
existing B-2 zoning district by the existing City Zoning
Ordinance, the following reasonable conditions related to the
physical development and operation of the Property to be
adopted as a part of said amendment to the new Zoning Map
relative to the Property described above, which have a
reasonable relation to the rezoning and the need for which is
generated by the rezoning~ and
WHEREAS, said conditions having been proffered by the
Grantors and allowed and accepted by the Grantee as part of
the amendment to the Zoning Ordinance, such conditions shall
-2-
continue in full force and effect until a subsequent amend-
ment changes the zoning on the Property covered by such
conditions~ provided, however, that such conditions shall
continue despite a subsequent amendment if the subsequent
amendment is pa~t~ of the comprehensive implementation of a
new or substantially revised zoning ordinance, unless,
notwithstanding the foregoing, these conditions are amended
or varied by written inst~ument recorded in the Clerk's Of-
lice of the Circuit Cou~c of the City of Virginia Beach,
Virginia, and executed by the record owner of the subject
Property at the time of recordation of such instrument~
provided, further, that said inst~ument is consented to by
the Grantee in writing as evidenced by a certified copy of
ordinance or resolution adopted by the governing body of the
Grantee, after a public hearing before the Grantee advertised
pursuant to the provisions of the Code of Virginia, Section
15.1-431, which said ordinance or resolution shall be
recorded along'with said instrument as conclusive evidence of
such consent.
NOW, THEREFORE, the Grantors, ~or themselves, their suc-
cessors, assigns, grantees, and other successors in title or
interest, voluntarily and without any requirement by or exac-
tion from the Grantee or its governing body and without any
element of compulsion of quid pro quo for zoning, rezon~ng,
Site Plan, building permit or subdivision approval, hereby
makes the following declaration of conditions and restric-
tions as to the physical development and operation of the
-3-
Property and governing the use thereof and hereby tenders the
following covenants running with the said Property, which
shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, its heirs,
personal represent~tives, assigns, grantees and other succes-
sors in interest or title, namely=
1. The Property shall be developed substantially as
show~ on the exhibit entitled "Preliminary Site Plan Super
Kmart Virginia Beach, Virginia" dated February 16, 1995, and
prepared by Langley and McDonald, P.C., said exhibit being
the same exhibit being submitted to the City Council and on
file in the Planning Department of the City of Virginia Beach
(hereinafter "Site Plan").
2. Grantor shall dedicate a 96 foot wide right-of-way
extension on Windsor Oaks Boulevard from the current
intersection of Windsor Oaks Boulevard and Holland Road to
the intersection of Windsor O~ks Boulevard and South
Independence Boulevard. Said dedication shall be made upon
the completion of the improvements to Windsor Oaks Boulevard
as specified in the Proffer 3.
3. Grantor shall construct, to applicable Virginia
Beach standards, a four lane divided extension for Windsor
Oaks Boulevard within the proposed right-of-way referenced
in Proffer 2. Within the portion of the right-of-way
contiguous to the Super Kmart Center, Grantor shall install
turn lanes, median strips, a bike path, sidewalk and
landscaping within the median strips. Within the balance of
-4-
the right-of-way, south of the Super Kmart Center, Grantor
shall install a bike path, sidewalk and landscaped median
islands in addition to thu four lane divided arterial
roadway in accordance with the applicable City standards.
The improvements referenced within this Proffer shall be
installed substantially as shown on the exhibit entitled
"Typical Section N.T.S. Windsor Oaks Boulevard Extended",
dated 2/20/95, prepared by the TAF Group, said exhibit being
the same exhibit being submitted to the City Council and on
file in the Planning Department of the City of Virginia Beach
(hereinafter "Cross Section").
4. Grantor shall install traffic signalization at the
access to the Property at the intersection of Governor's Way
and Holland Road.
5. Grantor shall complete all of the above-referenced
dedications, street improvements and traffic signalization
installation prior to the opening of the Super Kmart Center
on the Property. In the event that the improvements and
dedications referred to in proffer~ 2, 3 and 4 have not been
included in the City's five year CIP at the time of the
proposed dedication, the Grantors agree to execute an
appropriate agreement in a form acceptable to the City
Attorney, to assure that such dedications and improvements
will be conveyed to the City upon the inclusion of said
projects in the CIP. If the Property and/or improvements
proffered by the Grantors in proffers 2, 3 and 4 are not used
by the Grantee within the twenty years for the purpose for
-5-
which they proffered, then such Property and/or funds paid or
unused may be used by the Cit~ of Virginia Beach for
additional right-of-way improveme~ts at Holland Road and
Windsor Oaks Boulevard.
6. Grantor shall construct fencing, berming and
landscaping on the Property substantially as shown on the
landscape plan entitled "Conceptual Planting Plan Kmart and
Out Parcels, Virginia Beach, Virginia" dated February 16,
1995 and prepared by Langley and McDonald, P.O., said exhibit
being the same exhibit being submitted to the City Council
and on file in the Planning ~epartment of the City of
Virginia Beach (hereinafter "Landscape Plan")
7. Free standing signs located on the Property shall
all be of a monument type design substantially similar to
that depicted in the attached exhibit entitled "Super Kmart
Center Sign", dated 2/20/95, said exhibit being the same
exhibit being submitted to the City Council and on file in
the Planning Department of the City of Virginia Beach
(hereinafter "Sign Plan"). The mon~lment style freestanding
sign located at the entrance to the Property at Governor's
Way and Holland Road shall be similar in design to the sign
depicted on the Sign Plan but not identical in order to
facilitate tenants within the azea shown as "Future
Development" on the Site Plan. Tx the extent the number of
freestanding signs require the apgroval of the Board of
Zoning Appeals, such signs shall substantially comply with
the exhibit designated as the "Sign Plan".
-6-
8. Lighting installed along the western boundaries of
the Property shall be either directed inwardly toward the
Property or if mounted on the exterior of the buildings and
lhielded lo al ti= prevent any direct reflection toward the
adjacent residential districts. In addition, the truck
loading areas and dumplter areas shall be located
substantially as shown on the Site Plan. Any loading areas
and dumpster areas on Out Parcel No. 1, shall be screened by
fencing from the western property line and oriented away from
the western property line.
9. The exterior of the Super Kmart building shown on
the Site Plan shall be substa~ tiall¥ similar in appearance to
the rendering entitled "Super Kmart Center", prepared by
Walker, Woodward Architects, P.C., dated 2/20/95, said
exhibit being the same exhibit being submitted to the City
Council and on file in the Planning Department of the City of
Virginia Beach (hereinafter "Rendering"). The architectural
style and the building material~ to be used in the
construction of the building denoted as "Future Development"
on the Site Plan shall be substantially similar with the
architecture and building materials used in the Super Kmart
building, except as necessary to accommodate a regionally or
nationally recognized, consistent building exterior of the
applicable building space.
10. Further conditions may be required by the Grantee
during detailed site plan and/or subdivision review and
administration of applicable city codes by all cognizant City
-7-
agencies and departments t¢ meet all applicable city code
requirements.
All references hereinabove to zoning districts and to
regulations applica~le thereto refer to the Zoning Ordinance
of the City of Virginia Beach, Virginia, in force as of the
date the conditional zoning amen~_ment is approved by the
Grantee.
The Grantors covenants and agrees that (1) the Zoning
A~ministrator of the City of Virginia Beach, Virginia shall
be vested with all necessary authority on behalf of the
governing body of the City of Virginia Beach, Virginia to
administer and enforce the foregoing conditions, including
(i) the ordering in writing of the remedying of any
noncompliance with such conditions, and (ii) the bringing of
legal action or suit to ensure compliance with such condi-
tions, including mandatory or prohibitory injunction, abate-
ment, damages or other appropriate action, suit or proceed-
ings~ (2) the failure to meet all conditions shall constitute
cause to deny the issuance of any of the required building or
occupancy permits as may be appropriate~ (3) if aggrieved by
any decision of the Zoning Administrator made pursuant to the
provisions of the City Code, the CZO or this Agreement, the
Grantors shall petition to the governing body for the review
thereof prior to instituting proceedings in court~ and (4)
the Zoning Map show by an a[propriate symbol on the map the
existence of conditions attaching to the zoning of the
subject Property on the map and that the ordinance and the
-8-
conditions may be made readily available and accessible for
public inspection in the office of the Zoning Administrator
and in the Planning Depa~cment and that they shall be
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia and indexed in the name of
the grantors and grantee.
-9-
WITNESS the following signatures and seals:
CH&BASSOCIATES
The Caplan Family Trust 1976,
General Partner
-10-
The Fleder Family Trust 1976,
General Partner
, Trustee
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THE C. APLAN F~L¥ TRUST 1976
-12-
THE FLEDER FAMILY TRUST 1976
, Trustee
-13-
THONAS C. KYRUS
ELaiNE Ho KYRUS
-14--
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this ,~.-~.,,, day of
February, 1995 by Rose Caplan, Trustee, on behalf of The
Caplan Family Trust 1976, ~eneral Partner for CH&B
Associates.
·
N0t~ r~ PUb l~ic -
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this '~"' day of
February, 1995 by ~.%~ %"e~ ,.c , Trustee, on behalf
The Fleder Family Trust 1976, General Partner for CH&B
Associates. of CH&B Associates.
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this '3fJ day of
February, 1995 by Rose Caplan, Trustee for The Caplan Family
Trust 1976.
Notary l:~bl ic
My Commission Expires:
-15-
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this ,]~ day of
February, 1995 by ~!~%~a ~,~'~ , Trustee for The
Fleder Family Trust 1976.
Notar~ Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this ~ day of
February, 1995 by Thomas C. Kyrus.
Nota~f Pub 1 ic
My Commission Expires:
'113 q ,q
! ·
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
Subscribed and sworn to before me this
February, 1995 by Elaine M. Kyrus.
day of
Nota-~ Public
My Commission Expires:
sll/forms/proffers. ~
-16-
E~IBIT
Legal Description for Proposed Kmart Site
A certain parcel of land lying situate and being In the Kempsville Borough, City of Virginia
Beaoh, Brite of Virginia, being a portion of the land gener~,lly known as the Mast Farm and
more partloularly ~lesorlbed as follows=
Beginning at a pin, said pin being the northeast corner of th~ property herein described and on
· the south side of Holland Road and on the line separating ,he property herein described and
the property now or fr, rmerly known aa Chimney Hill Sec=lot Three and recorded In Map Book
147, Page 44 located in the Clerk of the Circuit Court, Cit./of Virginia Beach; thence South
25=05'31'' West a distance of 1637.00 feet to a point: thence, South 25"09'20" VVest a distance
of 98.00 feet to a point; thence North 64054'29" West a el!stance of 1110,00 feet to a point;
thence running In a northerly direction along e curve to the right with a radius of 1000,00 feet
and an arc length of 195,00 feet to a point: thence North 25°05'31" East a distance of 700.00
feet to a point; thence along a curve to the left with a radius of 612.00 feet and an arc length of
142.79 feet to a point: thence North 11°43'28" East a distar~e of 200.00 feet to a point on the
south side of Holland Road; thence along the south sic e of Holland Road the following
courses and distances:
South 89057'14" East a distance of 30.00 feet to a point; thence North 0002'46" East a
d~stance of 27.65 feet to a point; thence North 44033'26" F. asta d~stance of 45.17 feet to a
found VDOT concrete monument; thence North 85°51'42" ,=.as= a distance of 248.56 feet to a
found VDOT concrete monument; thence along a curve to the right with a radius of 2501.48
feet and an arc length of 535.81 feet to a found VDOT concrete monument; thence South
34°20'54" East a distance of 25.60 feet to a point; [hence South 9°13'32" West a distance of
10.00 feet to a point; thence South 80046'28" East a dis=ar,ce of 60.00 feet to a point: thence
North 9°13'32" East a distance of 10.00 feet to a point; therce North 53035'30" East a distance
of 25.93 feet to a point; thence along a curve to the right v :th a radius of 2501.48 feet and an
arc length of 331.07 feet to a found VDOT concrete monu =-tent; thence South 72005'20" East
a distance of 35.90 feet to the Point of Beginning.
- 40-
Item IV-L 7
PUBLIC HEARING
ITEM # 39059
PLANNING
Upon motton by Councilman Jones, seconded by Counctl Lady Parker, Ctty Councd ADOPTED
Ordtnances to AMEND and REORDAIN the City Zoning Ordinance.
Secttons 111, 203, 233.3, 901 and 1521(c) re use regulations for Flea
Markets
Secttons 233 1, 1501, 1511 and 1521 re certain eating and drinking
establishments at the Oceanfront
Voting:
10-0 (By ConsenO
Councd Members Vottng Aye
John A Baum, Linwood 0 Branch, III, Wtlliam W Harrtson, Jr, Harold
Hetschober, Barbara M Henley, Louts R. Jones, Mayor Meyera E
Oberndorf Nancy K. Parker, Vice Mayor Wilham D. Sessoms, Jr and
Louisa M Strayhorn
Council Members Vottng Nay:
None
Counctl Members Absent
Robert K. Dean
April 11, 1995
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AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
111, 203, 901 AND 1521 AND TO ADD A SECTION
233.3 OF THE CITY ZONING ORDINANCE, PERTAINING
TO FLEA MARKETS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111, 203, 901 and 1521 of the City Zoning
Ordinance of the City of Virginia Beach, pertaining to definitions,
vehicular parking requirements and use regulations in Business
Districts and the RT-3 Resort Tourist District, be, and hereby are,
amended and reordained, and Section 233.3 of the City Zoning
Ordinance, pertaining to flea markets, is hereby added, and shall
read as follows:
Bec. 111. Definitions·
· · · ·
RlcaAWark¢& An open-air market for the retail sale of new or
used merchandise, whether operated by a single vendor or composed
of stalls, stands or spaces which are rented or otherwise provided
to vendors. The term does not include the outside display of
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merchandise as an incidental part of retail activities reqularly
conducted from a permanent building on sidewalks or other areas
immediately adjacent to, and upon the same lot as, such building.
The term also does not include merchandise sold at festivals or
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other special events, temporary in duration, at which the display
and sale of merchandise is incidental to the primary cultural,
informational or recreational activities of such festival or
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special event.
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Seo. 203. Off-street parking requirements.
(a) The following specified uses shall comply with the off-
street parking requirements designated therefor:
· · · ·
(29) Retail establishments, including flea markets, repair
establishments, plumbing and, heating establishments and
service establishments other than personal service
establishments: At least one (1) space per two hundred
(200) square feet of floor area;
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8eo. 233.3. Flea Markets·
(a) Applications for conditional use permits shall include,
in addition to the information required by Section 221 of this
ordinance, the following information:
(1) A plan depicting the layout of the site, including
dimensions, of the sales area, accessways, parking
areas and location of trash receptacles;
(2) Specific days and hours of operation requested; and
¢3) The means, such as stalls, tables or other
structures, by which merchandise is to be
displayed.
(b) In addition to any other standards or requirements of
this ordinance, flea markets shall be subject to the following
requirements, which shall be deemed to be conditions of the
conditional use permit:
(1) Vehicular parking shall be provided on-site and
shall comply with the provisions of Section 203 of
this ordinance;
There shall be no less than one (1) trash
receptacle per one thousand (1,000) feet of sales
area, all trash receptacles shall be emptied
regularly so as not to overflow, and litter and
debris shall be not be allowed to accumulate;
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(3) Merchandise, stalls or other materials shall not be
stored outdoors while the use is not open for
business;
(4) Operation shall be restricted to the time between
9:00 a.m and 5:00 p.m., unless otherwise specified
in the conditional use permit; and
(5) The operation shall not disturb the tranquility of
residential areas or other areas in close proximity
or otherwise interfere with the reasonable use and
enjoyment of neighboring property by reason of
excessive noise, traffic or overflow parkinq.
The City Council may impose any other condition it deems
necessary or appropriate to minimize noise or other
potential adverse effects upon neighborinq areas.
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Sec. 901. Use regulations.
(a) Pdnc~alandconditional ~es. The following chart lists those
uses permitted within the B-1 through B-4 Business Districts.
Those uses and structures in the respective business districts
shall be permitted as either principal uses indicated by a "P" or
as conditional uses indicated by a "C." Uses and structures
indicated by an "X" shall be prohibited in the respective
districts. No uses or structures other than as specified shall be
permitted.
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U~e
B-1 B-IA B-2 B-3 B-4
Flea Markets X X C C C
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Sec. 1521. Use regulations (RT-3 Resort Tourist District)·
· · · ·
(c) Conditional uses and structures. Uses and structures hereinafter
specified, subject to compliance with the provisions of part C of
93 article 2 hereof:
4 · · · ·
95
96
(6.1)
Flea markets;
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98
Adopted by the Council of the City of Virginia Beach on the
llth day of April , 1995.
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101
102
CA-95-5860
~noncode~fleamkt.orn
R-1
2-28-95
AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 233.1, 1501, 1511 AND 1521
OF THE CITY ZONING ORDINANCE,
PERTAINING TO CERTAIN EATING AND
DRINKING ESTABLISHMENTS
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24
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 233.1, 1501, 1511 and 1521 of the City Zoning
Ordinance, pertaining to certain eating and drinking
establishments, be, and hereby are, amended and reordained, and
shall read as follows:
Sec. 233.1. Eating and drinking establishments serving
alcoholic beverages.
In addition to general requirements, eating and drinking
establishments which serve alcoholic beverages, as defined in
section 4-2 of the Code of Virginia, for on-premises consumption
and which are located within five hundred (500) feet of any
residential or apartment district or have on-site parking within
three hundred (300) feet of any residential or apartment district,
or which are located within the RT-1, RT-2 or RT-3 Resort Tourist
District, shall be subject to the following requirements, which
shall be deemed to be conditions of the conditional use permit:
(a) Category VI landscaping shall be installed along
any lot line adjoining a residential or apartment
district without an intervening street, alley or
body or water greater than fifty (50) feet in
width. The fencing element of such landscaping
shall not be less than six (6) feet nor more than
eight (8) feet in height. Landscaping shall be
maintained in good condition at all times.
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(b) The operation of such establishments shall not
disturb the tranquility of residential areas or
other areas in close proximity or otherwise
interfere with the reasonable use and enjoyment of
neighboring property by reason of excessive noise,
traffic, overflow parking and litter.
(c) Operators of such establishments shall not allow
loitering or congregations of individuals in the
parking lot or other exterior portions of the
premises, except for areas in which the consumption
of alcoholic beverages is specifically permitted by
the terms of the establishment's Alcoholic Beverage
Control license, and shall keep all entrance and
exit doors closed at all times of operation.
~e~ Cd) Such establishments shall be required to implement
any other measures the city council deems necessary
or appropriate to minimize noise or other potential
adverse effects upon neighboring residential areas.
A violation of any of the aforesaid requirements shall be
grounds for revocation of the conditional use permit.
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Bec. ~50~. [RT-~] Use regul&ticns.
(a) Principal uses and structures:
(1) Except as provided in Section 1501 (b) C2), ~
hotels and motels, which may have in conjunction
with them any combination of restaurants, outdoor
cafes, retail commercial use and convention
facilities, provided that uses in conjunction with
hotels and motels may not occupy more than ten (10)
percent of the floor area of all structures
(excluding parking) located on the lot, subject to
the following:
(i) The structure enclosing the uses permitted in
conjunction with hotels and motels shall be
fully enclosed at all times by solid exterior
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(3)
Walls and roof With no exterior Opening, Other
than Passage-way dOOrs as may be required by
the Virginia Un/form Statewide BUilding Code;
(ii) Such enclosed Structure shall be lOCated
entirely within the same structure enclosing
(iii) the Principal Use; and
No entrances or exit to a Use permitted in
conjunction With hotels and motels Shall be
located on the Side of the Structure facing
the boardwalk, Unless such entrance or exit
Provides access to a courtyard or intervening
Open area, in Which Case such Open area Shall
be fully fenced or Walled to a height of at
least four (4) feet and Without any entrances
or exits facing the boardwalk. The Only
exceptions to this
boardwalk Cafes as condition apply to
regulations Permitted by Spec/al
established in franchise
agreements approved by city cOUncil.
(iv) Parking Structures Shall be
Permitted in
conjunction With hotels and motels Provided
that ground level Parking fronting Atlantic
Avenue, the boardwalk, or any PUblic Park or
Open Space is PrOhibited except for necessary
access drives and ramps.
PUblic buildings and grounds
Public Utilities installat.'
·
~nCluding o~: lons and Substations
~races; PrOVided Storage or maintenance
facilities shall not be e ·
further.
· u'~u Utilitie. a..u PrOVided
indivia,,=~ _ o SUbstations, Other .
-~ =ransf°rmers, sh than
wall, Sol' all be sUrrOUnded by a
. ~d except for entrances and exits, or b
ence W~th a SCreenin~ ~_~_ Y a
£eet in height; _ = ,~=uge five (5) to si
Vaults for u and PrOVided also, - x (6)
nderground u~:~ transformer
~a=ies and the like Shall
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require only a landscaped screening hedge, solid
except for access opening.
(4) Bicycle rental establishments in conjunction with
hotels and motels, subject to the following:
(i) Such establishments shall be no less than two
hundred (200) feet in area and shall have
minimum dimensions of ten (10) feet by twenty
(20) feet;
(ii) The area upon which bicycles are displayed
shall be paved and the perimeter thereof
delineated by 8" x 8" timber curbing, except
at the point of ingress and egress;
(iii) No more than twenty (20) bicycles shall be
stored or displayed in the rental area at any
one time, repairs shall not be conducted in
the rental area, and no rental activity shall
be conducted on public property;
(iv) No more than one (1) sign identifying any such
establishment shall be permitted, and no such
sign shall exceed four (4) square feet per
face in surface area, be illuminated, or
encroach into any portion of the public right-
of-way; and
(v) Points of ingress of any such establishment
located adjacent to public property shall be
directly connected to the boardwalk bicycle
path by means of an existing sidewalk, street
or connector park.
(b) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof:
(1) Commercial parking lots and parking garages.
(2) Restaurants operated in conjunction with hotels or
motels where all three of the following occur:
¢i) Alcoholic beverages are served;
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~-~ (_3)
+4+ (5)
(ii) The establishment operates at any time between
12:00 midnight and 2:00 a.m.; and
(iii) The establishment excludes minors (persons
under twenty-one (21) years of age during any
part of the day.
Heliports and helistops.
Recreational and amusement facilities of an outdoor
nature, which may be partially or temporarily
enclosed on a seasonal basis with approval of city
council, provided that, in the development of such
properties, safeguards are provided to preserve and
protect the existing character of adjacent
properties, except that riding academies and
recreational campgrounds shall not be allowed as a
conditional use or otherwise.
Satellite wagering facility.
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Sec. 1511. [RT-2] Use regulations.
(a) Principal uses and structures: For parcels less than
fourteen thousand (14,000) square feet in size, any one of the
following is allowed:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
Auditoriums and assembly halls;
Boat sales;
Business studios, offices, clinics and medical
laboratories;
Bicycle rental establishments;
Child care and child care education centers;
Commercial parking lots, parking garages and
storage garages;
Commercial recreation facilities other than those
of an outdoor nature;
Eating and drinking establishments, except as
specified in subsection (c) (6);
Financial institutions;
Funeral homes;
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(11)
(12)
(13)
(14)
(15)
(16)
(17)
Museums and art galleries;
Off-site parking facilities, provided the
provisions of section 1505 are met;
Personal service establishments, including barber
and beauty shops, shoe repair shops, cleaning,
dyeing, laundry, pressing, dressmaking, tailoring
and garment repair shops with processing on the
premises;
Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
Public buildings and grounds;
Public utilities installations and substations
including offices; provided storage or maintenance
facilities shall not be permitted; and provided,
further, that utilities substations, other than
individual transformers, shall be surrounded by a
wall, solid except for entrances and exits, or by a
fence with a screening hedge five (5) to six (6)
feet in height; and provide also, transformer
vaults for underground utilities and the like shall
require only a landscaped screening hedge, solid
except for access opening;
Retail establishments, including the incidental
manufacturing of goods for sale only at retail on
the premises; retail sales and display rooms and
lots, provided that yards for storage of new or
used building materials or yards for any scrap or
salvage operations or for storage or display of any
scrap, salvage or secondhand building materials or
automobile parts shall not be allowed, further
provided that adult bookstores shall be prohibited
from locating within five hundred (500) feet of any
apartment or residential district, single- or
multiple-family dwelling, church, park or school.
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For parcels greater than fourteen thousand (14,000) square feet,
any one of the following additional uses is allowed:
(18) Multifamily dwellings;
(19) Motels and hotels which may have in conjunction
with them any combination of restaurants, retail
commercial use and convention facilities, provided
that uses in conjunction with hotels and motels may
not occupy more than ten (10) percent of the floor
area of all structures (excluding parking) located
on the lot.
For parcels greater than forty thousand (40,000) square feet, any
of the above permitted uses may be used in combination on the same
zoning lot with other permitted uses.
(b) Accessory uses and structures: Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures:
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change
in the outside appearance of the building or
premises or any visible or audible evidence
detectable from outside the building lot, either
permanently or intermittently, of the conduct of
such business except for one (1) nonilluminated
identification sign not more than one (1) square
foot in area mounted flat against the residence;
where no traffic is generated, including traffic by
commercial delivery vehicles, by such activity in
greater volumes than would normally be expected in
the neighborhood, and any need for parking
generated by the conduct of such activity is met
off the street and other than in a required front
yard; where the activity is conducted on the
premises which is the bona fide residence of the
principal practitioner, and no person other than
members of the immediate family occupying such
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dwelling unit is employed in the activity; where
such activity is conducted only in the principal
structure on the lot; where there are no sales to
the general public of products or merchandise from
the home; and where the activity is specifically
designed or conducted to permit no more than one
(1) patron, customer, or pupil to be present on the
premises at any one time. The following are
specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes,
massage parlors, radio or television repair shops,
auto repair shops, or similar establishments.
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof:
(1) Automobile and small engine repair establishments,
provided that all repair work shall be performed
within a building;
(2) Automobile service stations; provided that, where
there is an adjoining residential or apartment
district without an intervening street, alley or
permanent open space over twenty-five (25) feet in
width and where lots separated by a district
boundary have adjacent front yards, a six-foot
solid fence shall separate the automobile service
station use from the adjacent residential district
and no ground sign shall be within fifty (50) feet
of the residential or apartment district;
(3) Car wash facilities, provided that:
(i) No water produced by activities on the zoning
lot shall be permitted to fall upon or drain
across public streets or sidewalks or adjacent
properties;
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(4)
(5)
(6)
(iv)
(7)
(8)
(9)
(10)
(11)
(12)
(ii) A minimum of three (3) off-street parking
spaces for automobiles shall be provided for
each car wash space within the facility;
Churches;
Dormitories for marine pilots;
Eatinq and drinkinq establishments where all four
three of the following occur:
(i) Alcoholic beverages are served;
~,'~""' (ii)_ The establishment operates at any time between
12:00 midnight and 2:00 a.m.; and
(iii) The establishment excludes minors (persons
under
~ ....... (I~°) twenty-one (21) years of
ageT during any part of the day, or provi~cs
~,,,*,,& & ,~,,'~.,~,.&.. ,~,.,,. ~.,,~ ,.,f,. & &a&&'~,,..,.,,& ,a, ~, ,..~ ,,.~,~..~ ..1..i.,,,..~ ~.. .a.. &.. '~.,~,a.l.& ~,.,~'~,,.,~,,~ ,~,,,,,~ ,,.,&,.,,& ,& ,,.&. &,[',,~
Heliports and helistops;
Homes for the aged, disabled or handicapped,
including convalescent or nursing homes; maternity
homes; child care centers, other than those covered
under permitted principal uses and structures
hereinabove, when not operated by a public agency;
Home occupations;
Hospitals and sanitariums;
Marinas, including facilities for storage and
repair of boats and sale of boating supplies and
fuel;
Mini-warehouses, provided that the yard shall be
completely enclosed except for necessary openings
for ingress and egress by a fence or wall not less
than six (6) feet in height;
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(13)
(14)
(15)
(16)
(17)
(18)
Motor vehicle sales and rental, provided the
minimum lot size is twenty thousand (20,000) square
feet;
Passenger transportation terminals;
Public utility storage or maintenance
installations;
Radio and television broadcasting stations and
line-of-sight relay devices;
Recreational and amusement facilities of an outdoor
nature, which may be partially or temporarily
enclosed on a seasonal basis with approval of city
council, provided that, in the development of such
properties, safeguards are provided to preserve and
protect the existing character of adjacent
properties, except that riding academies and
recreational campgrounds shall not be allowed as a
conditional use or otherwise;
Satellite wagering facility.
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Sec. 1521. [RT-3] Use regulations.
(a) Principal uses and structures: For parcels less than
twenty thousand (20,000) square feet in size, any one (1) of the
following is allowed:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
Auditoriums and assembly halls;
Boat sales;
Business studios, offices, clinics and medical
laboratories;
Bicycle rental establishments;
Child care and child care education centers;
Commercial parking lots, parking garages and
storage garages;
Commercial recreation facilities other than those
of an outdoor nature;
Eating and drinking establishments, except as
specified in subsection (c) (6);
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351
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356
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361
362
363
364
365
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369
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(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
Financial institutions;
Funeral homes;
Museums and art galleries;
Off-site parking facilities, provided the
provisions of section 1505 are met;
Personal service establishments, including barber
and beauty shops, shoe repair shops, cleaning,
dyeing, laundry, pressing, dressmaking, tailoring
and garment repair shops with processing on the
premises;
Private clubs, lodges, social centers, eleemosynary
establishments and athletic clubs;
Public buildings and grounds;
Public utilities installations and substations
including offices; provided storage or maintenance
facilities shall not be permitted; and provided,
further, that utilities substations, other than
individual transformers, shall be surrounded by a
wall, solid except for entrances and exits, or by a
fence with a screening hedge five (5) to six (6)
feet in height; and provided also, transformer
vaults for underground utilities and the like shall
require only a landscaped screening hedge, solid
except for access opening;
Retail establishments, including the incidental
manufacturing of goods for sale only at retail on
the premises; retail sales and display rooms and
lots, provided that yards for storage of new or
used building materials or yards for any scrap or
salvage operations or for storage or display of any
scrap, salvage or secondhand building materials or
automobile parts shall not be allowed, further
provided that adult bookstores shall be prohibited
from locating within five hundred (500) feet of any
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apartment or residential district, single- or
multiple-family dwelling, church, park or school.
For parcels greater than twenty thousand (20,000) square feet, any
of the following additional uses are allowed and may be used in
combination with any of the permitted uses listed above:
(18) Multifamily dwellings when developed in conjunction
on the same parcel with other allowed uses where
the floor area of the multifamily dwelling does not
exceed seventy (70) percent of the total floor area
of the entire project;
(19) Motels and hotels which may have in conjunction
with them any combination of restaurants, retail
commercial use and convention facilities, provided
that uses in conjunction with hotels and motels may
not occupy more than ten (10) percent of the floor
area of all structures (excluding parking) located
on the lot.
(b) Accessory uses and structures: Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures:
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change
in the outside appearance of the building or
premises or any visible or audible evidence
detectable from outside the building lot, either
permanently or intermittently, of the conduct of
such business except for one (1) nonilluminated
identification sign not more than one (1) square
foot in area mounted flat again against the
residence; where no traffic is generated, including
traffic by commercial delivery vehicles, by such
activity in greater volumes than would normally be
expected in the neighborhood, and any need for
parking generated by the conduct of such activity
is met off the street and other than in a required
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