JANUARY 9, 1996 MINUTES~_~it,3r o1' Vir~i~-ti~.q !-lcacl~
"WORLD'S LARGEST RESORT C[IN'
CITY COUNCIL
JAMES K. SFORE. City M,aaeler
LESLJE L LILLEY, City At~
RUTH HODGES SM/TH, CMC / AAE. Cit~ Cle, k
CITY COUNCIL AGENDA
CITY HALL BUlL.DING
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 2.!456.9005
i~O~ 427-430.]
January 9, 1996
I. AGENDA REVZ~/ SESSION
- Conference Room -
z:o0 PM
Ae
REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
II. INFORMAL SESSION
- Conference Room -
1:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION
- Councll ChamBer -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
The Reverend Kelly J. Burris
Kempsville Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - January 2, 1996
ADOPT AGENDA FOR FORNAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. MAYORVS PRESENTATION
RESOLUTION TO EXPRESS APPRECIATION OF CITY COUNCIL
Beth Barber, former Beacon Editor
J. PUBLIC HEARING
REAL AND PERSONAL PROPERTY STATE AND LOCAL TAX EXEMPTIONS:
a. Outreach for Christ, Inc.
K. RESOLUTIONS
me
Resolutions to support legislation designating the following
benevolent corporations re real and personal property state
and local tax exemption:
ae
Conservation, Inc.
Deferred:
January 2, 1995
Outreach for Christ, Inc.
Resolution to request the Planning Commission study potential
Land Use Regulations for drive-through facilities; and, report
its conclusions and recommendations to City Council within
sixty (60) days.
(Sponsored by Councilman Linwood O. Branch III)
L. ORDINANCES
Ordinance to AMEND and REORDAIN Chapter 18 of the Code of the
City of Virginia Beach re the Business, Professional and
Occupational (BPOL) License Tax.
e
Ordinance appointing viewers in the petition of AMERICAN-
OCEANIC COATINGS CORPORATION for the closure~ discontinuance
and abandonment of a portion of unimproved excess right-of-way
- DuPont Circle - (1596.7 square feet) adjacent to Lots 7 and
8, Block 19, Ocean Park (BAYSIDE BOROUGH).
M. PUBLIC HEARING - PLANNING 3:00 PM
PLANNING BY CONSENT - To b~ determined during the A~enda Review Session.
Petition for the discontinuance~ closure and abandonment
of a portion of Reliance Drive beginning at a point
505.74 feet West of International Parkway and running in
a Westerly direction a distance of 555 feet more or less, in
the petition of BAY PROPERTIES, containing 35,817 square feet
(PRINCESS ANNE BOROUGH).
Deferred:
27 June 1995
Recommendation:
ADDITIONAL 180-DAY DEFERRAL
Petitions of R. LEWIS BOGGS for the discontinuance, closure
and abandonment of the following (VIRGINIA BEACH BOROUGH):
Portion of Baltic Avenue beginning at a point 300 feet
South of Laskin Road and running in a Southwesterly
direction along the Eastern property line a distance of
842.52 feet more or less to the Western boundary of Holly
Road, containing 1.131 acres
Parcell: Alleyway located between 29th and 30th Streets
beginning at the Western boundary of Arctic Avenue and
running in a Westerly direction to the Eastern boundary
of Holly Road
~: Alleyway located 140.15 feet North of
27th Street beginning at the Eastern boundary of Holly
Road and running 49.93 feet in an Easterly direction
(Parcels 1 and 2 contain 6086.45 square feet)
Recommendation:
APPROVAL
Application of ELVIN RAY and HESTER L. WATERFIELD for a
Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision meet lot width
requirements of the City Zoning Ordinance at 2037 Munden Point
Road (PUNGO BOROUGH).
Recommendation:
APPROVAL
Application of MICHAEL and PATRICIA NELSON for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires all
lots created by subdivision meet all requirements of the City
Zoning Ordinance at 2741 West Landing Road (PRINCESS ANNE
BOROUGH).
Recommendation:
APPROVAL
Application of ULTIMATE COUNTRY CLUB, LLC for a Conditional
Use Permit for an indoor recreational facility on the North
side of Virginia Beach Boulevard, East of Newtown Road
(5600 Virginia Beach Boulevard, #101, #102 and #103),
containing 3.5 acres (BAYSIDE BOROUGH)·
Recommendation:
APPROVAL
Application of KEMPSVILLE CONSERVATIVE SYNAGOGUE for a
Conditional Use Permit for a child car~ center in ~ religious
~ at the Northern terminus of Indian Lakes Boulevard
(952 Indian Lakes Boulevard), containing 3.658 acres
(KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
Application of STALLINGS OIL COMPANY for a Conditional Use
Permit for an gasoline pumps in conjunction with a convenience
store and a car wash at the Southeast corner of Dam Neck Road
and General Booth Boulevard, containing 1.556 acres (PRINCESS
ANNE BOROUGH).
Recommendation:
APPROVAL
Application of THOMAS H. WILKINSON for a Conditional Use
Permit for an bulk storage on the South side of Holland Road,
East of Rosemont Road (3565 Holland Road), containing 19 acres
(PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
e
Application of the City of Virginia Beach re Amendments to the
City Zoning Ordinance re Bed and Breakfast
Inns:
Article 2, ADD Section 225.1 re number of permitted
lodging rooms, accessory uses, parking and sign
requirements; and, outline of information to be submitted
with the conditional use permit request.
Article 13 re light co~mercial uses within the Historic
and Cultural District, e.g., Bed and Breakfast Inns,
Antique Sales, Art Galleries and Specialty Shops.
Co
Sections 111 and 232.1 re definition of "Bed and
Breakfast Inns".
Recommendation:
APPROVAL
10.
Application of JAHN W. and LESLIE T. SUMMS for a Conditional
L~ for a Bed and Breakfast Inn at the Southwest corner
of Church Point Road and Meeting House Road (4001 Church Point
Road), containing 2.7 acres (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
11.
Application of VIRGINIA BEACH INVESTMENT COMPANY for a
Conditional Change of Zoning District Classification from B-2
Community Business District to Conditional A-24 Apartment
D~ on the West side of College Park Boulevard, 245 feet
North of Auburn Drive, containing 11.13 acres (KEMPSVILLE
BOROUGH).
Recommendation:
APPROVAL
12.
Application of JASON B. COWAN for a Change of Zoning District
Classification from A-18 Apartment District to R-5S
Residential Sinale-Familv District at the Northwest
intersection of Lincoln Avenue and Alabama Avenue, containing
19,000 square feet (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
13.
Application of THE FRANCISCUS COMPANY, INC. for an amendment
to a 30-acre site of the Green Run Land Use Plan re
REDESIGNATION of 7.5 acres from multiple family to commercial
or multiple family on the North side of Princess Anne Road,
400 feet more or less East of South Independence Boulevard,
containing 30 acres (KEMPSVILLE BOROUGH).
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
14.
Applications of the City of Virginia Beach:
a. City Code Amendments:
(1) Article II, Chapter 30, Section 30-16, re borrow
pits
be
Ce
(2)
Chapter 33, ADD Section 33-114.3 re Administrative
approval of certain encroachments in the B-3A
Pembroke Central Business Core District
Deferred:
Recommendation:
28 November 1995
APPROVAL
Amendments to the City Zoning Ordinance . . . :
(1)
(2)
Sections 111 and 227 to be consistent in wording
with Chapter 30 of the City Code re definitions of
borrow pits and City's withdrawal from the Mineral
Mining Program.
Sections 501 and 601 re use regulations for fish
ponds and fish hatcheries in residential and
apartment districts.
Recommendation:
Floodplain Re~ulations:
(a)
(b)
(c)
Recommendation:
APPROVAL
City Zoning Ordinance Sections 238, 240 and
1200 through 1206
Subdivision Ordinance Section 6.1
Site Plan Ordinance Section 5B (proposed new
section)
DEFERRAL
N. APPOINTMENTS
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
REVIEW AND ALLOCATION COMMITTEE - (COIG)
SOUTHEASTERN HAMPTON ROADS DISABILITY SERVICES BOARD
O. UNFINISHED BUSINESS
P. NEW BUSINESS
Q. ADJOURNMENT
* * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
01/04/96/CMD
AGENDA\01-09-96.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
January 9, 1996
Vice Mayor William D. Sessoms, Jr. called to order the AGENDA REVIEW SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, January
9, 1996, at 1:00 P.M.
Council Members Present:
John A. Baum, Robert I~ Dean, Barbara M. Henley, Louis IL Jones,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf
[ATTENDING LARRY MEDNICK FUNERAL
ENTERED FORMAL SESSION: 2:27 P.M.]
Linwood O. Branch, III
[DEATH OF FATHER]
William W. Harrison, Jr.
[ENTERED: 1:20 P.M.]
Harold Heischober [DOCTOR'S VISIT]
-2-
AGENDA REVIEW SESION
I:00 P34.
ITEM # 40251
Vice Mayor Sessoms referenced request of Randolph Stokes to WITHDRAW:
RESOLUTIONS
Resolution to support legislation designating the following
benevolent corporation re real and personal property state and
local tax exemption:
a. Conservation, Inc.
ITEM # 40252
Vice Mayor Sessoms advised Councilman Branch has meet with Robert Vakos, Chairman of the Planning
Commission, and he requested the time be expanded to 180 days for the recommendations of the Planning
Commission.
K, 2 Resolution to request the Planning Commission study potential
Land Use Regulations for drive-through facilities; and, report
its conclusions and recommendations to City Council within
sixty (60) days.
(Sponsored by Councilman Linwood O. Branch III)
The City Attorney will distribute a revised resolution~
ITEM# 40253
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS
K. 1
Resolution to support legislation designating the following
benevolent corporation re real and personal property state and
local tax exemption:
a. Conservation, Inc.
K.2
Resolution to request the Planning Commission study potential
Land Use Regulations for drive-through facilities; and, report
its conclusions and recommendations to City Council within
~ix~/-(~n~q~ one hundred eight_ (180) da.vs.
(Sponsored by Councilman Linwood O. Branch III)
Item ICI will BE ALLOWED FOR WITHDRAWAL BY CONSENT.
ORDINANCES
L.1
Ordinance to AMEND and REORDAIN Chapter 18 of the
Code of the City of Virginia Beach re the Business,
Professional and Occupational (BPOL) License Tax.
L.2
Ordinance appointing viewers in the petition of AMERICAN-
OCEANIC COATINGS CORPORATION for the closure,
discontinuance and abandonment of a portion of unimproved
excess right-of-way - DuPont Circle - (1596. 7 square feet)
adjacent to Lots 7 and 8, Block 19, Ocean Park (BAYSIDE
BOROUGH).
January 9, 1996
-3-
AGENDA REVIEW SE$10N
ITEM # 40254
Councilman Dean requested discussion:
M. 2 Petition for the discontinuance, closure and abandonment
of a portion of Reliance Drive beginning at a point 505. 74 feet
West of International Parkway and running in a Westerly
direction a distance of 555 feet more or less, in the petition of
BAY PROPERTIES, containing 35,8I 7 square feet
(PRINCESS ANNE BOROUGH).
ITEM # 40255
Council Lady Henley inquired whether there could be an adjustment in the subdividision from the manner
depicted in the agenda.
M. 3 Application of ELVIN RAY and HESTER L. WATERFIELD for
a Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created by subdivision meet lot width requirements
of the City Zoning Ordinance at 2037 Munden Point Road (PUNGO
BOROUGH).
The applicants will actually be enlarging the smaller lot. They want to be assured the parcel maintains
eligibility for the land use taxation.
Assistant City Attorney MacaIi and Robert Scott advised this was permissible as long as the applicant was
trying to adhere to the general intent of City Council.
ITEM # 40256
Vice Mayor Sessoms referenced concerns relative:
M. 7 Application of STALLINGS OIL COMPANY for a Conditional
Use Permit for gasoline pumps in conjunction with a
convenience ~tor¢ and a car wash at the Southeast corner of
Dam Neck Road and General Booth Boulevard, containing
1.556 acres (PRINCESS ANNE BOROUGH).
ITEM # 40257
Vice Mayor Sessoms also advised concerns:
M. 8 Application of THOMAS H. WILKINSON for a Conditional
Use Permit for a bulk storage on the South side of Holland
Road, East of Rosemont Road (3565 Holland Road), containing
19 acres (PRINCESS ANNE BOROUGH).
January 9, 1996
-4-
AGENDA REP'IEW SESION
ITEM # 40258
Council Lady Parker referenced concerns:
Mll Application of VIRGINIA BEACH INVESTMENT COMPANY
for a Conditional Change o_f Zoning District Classification from
B-2 Community Business District to Conditional
Apartment District on the West side of College Park
Boulevard, 245 feet North of Auburn Drive, containing 11.13
acres (KEMPSVILLE BOROUGH).
ITEM # 40259
Councilman Dean advised of questions relative:
M.14 Applications of the City of Virginia Beach:
a. City Code Amendments:
(1) Article II, Chapter 30, Section 30-16, re borrow pits
Chapter 33, ADD Section 33-114.3 re Administrative approval
of certain encroachments in the B-3A Pembroke Central
Business Core District
b. Amendments to the City Zoning Ordinance ...:
Sections 111 and 227 to be consistent in wording with Chapter
30 of the City Code re definitions of borrow pits and City's
withdrawal from the Mineral Mining Program.
(2) Sections 501 and 601 re use regulations for fish ponds and fish
hatcheries in residential and apartment districts.
c. Floodplain Regulations:
(a) City Zoning Ordinance Sections 238, 240 and 1200 through
1206
(b) Subdivision Ordinance Section 6.1
(c) Site Plan Or&'nance Section 5B (proposed new section)
January 9, 1996
-5-
AGENDA REVIEW SESION
ITEM # 40260
BY CONSENSUS of City Council, the following items shall compose the PLANNING BY CONSENT
AGENDA:
M. 1
Petition for the discontinuance, closure and abandonment
of a portion of ~ beginning at a point 505. 74 feet
West of International Parkway and running in a Westerly
direction a distance of 555 feet more or less, in the petition of
BAY PROPERTIES, containing 35,817 square feet
(PRINCESS ANNE BOROUGH).
M. 3
Application of ELVIN RAY and HESTER L. WATERFIELD
for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires all lots created by subdivision meet lot width
requirements of the City Zoning Ordinance at 2037 Munden
Point Road (PUNGO BOROUGH).
M. 4 Application
Variance to
requires all
of the City
(PRINCESS
of MICHAEL and PATRICIA NELSON for a
Section 4.4(b) of the Subdivision Ordinance which
lots created by subdivision meet all requirements
Zoning Ordinance at 2741 West Landing Road
ANNE BOROUGH).
M. 5
Application of ULTIMATE COUNTRY CLUB, LLC for a
Conditional Use Permit for an indoor recreational facili~_ on
the North side of Virginia Beach Boulevard, East of Newtown
Road (5600 Virginia Beach Boulevard, #101, #102 and #103),
containing 3.5 acres (BAYSIDE BOROUGH).
M. 6
Application of KEMPSVILLE CONSERVATIVE
SYNAGOGUE for a Conditional Use Permit for a chiM care
center in a religious facili~, at the Northern terminus of Indian
Lakes Boulevard (952 Indian Lakes Boulevard), containing
3.658 acres (KEMPSVILLE BOROUGH).
M. 9 Application of the City of Virginia Beach re ~Onendments to the
City Zoning Ordinance re Bed and Breakfast Inns:
Article 2, ADD Section 225.1 re number of permitted lodging
rooms, accessory uses, parking and sign requirements; and,
outline of information to be submitted with the conditional use
permit request.
Article 13 re light commercial uses within the Historic and
Cultural District, e.g., Bed and Breakfast Inns, Antique Sales,
Art Galleries and Specialty Shops.
c. Sections 111 and 232.1 re definition of "Bed and Breakfast
Inns".
MI O Application of JAHN W. and LESLIE T. SUMMS for a Con-
ditional Use Permit for a Bed and Brea~_ast Inn at the
Southwest corner of Church Point Road and Meeting House
Road (4001 Church Point Road), containing 2.7 acres
(BAYSIDE BOROUGH).
January 9, 1996
-6-
AGENDA REVIEW SESION
ITEM # 40260 (Continued)
M12 Application of JASON B. COWAN for a Change o_f Zoning
District Class(t¥cation from ,4-18 Apartment District to R- 5S
Residential Single -Family District at the Northwest intersection
of Lincoln Avenue and Alabama Avenue, containing 19,000
square feet (PRINCESS ANNE BOROUGH).
M13 Application of THE FRANCISCUS COMPANY, INC. for an
amendment to a 30-acre site of the Green Run Land Use Plan
re REDESIGNATION of 7.5 acres from multiple family to
commercial or multiple family on the North side of Princess
Anne Road, 400 feet more or less East of South Independence
Boulevard, containing 30 acres (KEMPSVILLE BOROUGH).
Item M. 1. shall be APPROVED FOR AN ADDITIONAL 180-D,4Y DEFERRAL BY CONSENT.
Item M. 13 shall be DEFERRED INDEFINITELY BY CONSENT.
January 9, 1996
-7-
ITEM # 40261
Vice Mayor Sessoms called to order the INFORMAL SESSION of the VIRGINL4 BF~CH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 9, 1996, at 1:10 P.M.
Council Members Present:
John A. Baum, Robert K~ Dean, Barbara M. Henley, Louis t~ Jones,
Nancy I~ Parker, Vice Mayor 14qlliam D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Absent:
Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober
and Mayor Meyera E. Oberndorf
January 9, 1996
-8-
ITEM # 40262
Vice Mayor William D. Sessoms entertained a motion to permff City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
West Neck Creek Golf Course
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(.4)(3).
To- Wit: Burton Station
Agricultural Reserve Program
PROSPECTIVE BUSINESS OR INDUSTRY: Discussion concerning a
prospective business or industry where no previous announcement has
been made of the business' or industry's interest in locating in the
community pursuant to Section 2.1-344(A) (5).
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Robert IC Dean, Barbara M. Henley, Louis tZ Jones,
Nancy 14. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober
and Mayor Meyera E. Oberndorf
January 9, 1996
-9-
FORMAL SESION
FIRGINIA BEACH CITY COUNCIL
January 9, 1996
2:00 P.M.
Vice Mayor Sessoms called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 9, 1996, at 2:00 P.M.
Council Members Present:
John A. Baum, Robert IC Dean, William W.. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf
[ATTENDING L4RRY MEDNICK FUNERAL
ENTERED FORMAL SESSION: 2:27 P.M.]
Linwood O. Branch, III
[DEATH OF FATHER ON MONDAY,
JANUARY 8~ 19961
Harold Heischober
[DOCTOR'S APPOINTMENT]
INVOCATION:
The Reverend Kelly J. Burris
Kempsville Baptist Church
PLEDGE OF ,4LLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank The Vice Mayor regularly makes this 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, is hereby made a part of the record.
January 9, 1996
- 10 -
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40263
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters iawfully exempted from Open Meeting
requirements by l~rginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert IC Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Mayor Meyera E.
Oberndorf
January 9, 1996
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to thc affirmative vote rccordcd in ITEM # 40262 Page No. 8 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requiremcnts by Virginia law were discusscd 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, disc~ussed or
considered by Virginia Beach City Council.
Ruth Hodges Smith, CMC/AAE
City Clerk
January9, 1996
- 11 -
Item III-F. 1.
MINUTES
ITEM # 40264
Upon motion by Council Lady Strayhorn, seconded by Councilman Dean, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of January 2, 1996.
Voting: 7-0
Council Members Voting Aye:
John A. Baum, Robert 32 Dean, William W. Harrison, Jr., Barbara 34.
Henley, Louis R. Jones, Vice Mayor William D. Sessorns, Jr. and Louisa
M. Strayhorn
Council Members l/'oting Nay:
None
Council Members Abstaining:
Nancy 32 Parker
Council Members Absent:
Linwood O. Branch, III, HaroM Heischober and Mayor Meyera E.
Oberndorf
Council Lady Parker ABSTAINED, as she was not in attendance during the City Council Session of
January 2, 1996.
January 9, 1996
- 12 -
Item III-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 40265
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 9, 1996
- 13 -
Item III-L1.
MAYOR'S PRESENTATION
ITEM # 40266
Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, City Council ADOPTED:
RESOLUTION TO EXPRESS APPRECIATION OF CITY COUNCIL
Beth Barber, former Beacon Editor
Beth Barber ACCEPTED the Resolution with appreciation.
This Resolution recognized Beth Barber as Editor of the Beacon's Editorial Page. Ms Barber was
successful in creating a balance of opinions essential to a regional publication and a regional audience.
Ms. Barber's objective, creativity and untiring spirit will be greatly missecL
Voting: 8-0
Council Members Voting Aye:
John A. Baurn, Robert IC Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis ~ Jones, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members ~lbsent:
Linwood O. Branch, HI, Harold Heischober and Mayor Meyera E.
Oberndorf
January 9, 1996
- 14 -
Item III-J.l.a.
ITEM # 40267
Vice Mayor Sessoms DECLARED A PUBLIC HEARING:
REAL AND PERSONAl, PROPERTY STATE AND LOCAL TAX EXEMPTIONS:
Outreach for Christ, Inc.
The following spoke in SUPPORT:
Wayne H. Sla'nner, 518 22nd Street, Phone: 428-8227
There being no further speakers, Vice Mayor Sessoms CLOSED THE PUBLIC HEARING.
January 9, 1996
- 15 -
Item IV-I~
CONSENT AGENDA
ITEM # 40268
RESOLUTIONS
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council APPROVED in
one motion Resolutions la and 2 of the CONSENT AGENDA - RESOLUTIONS.
*Item la. was APPROVED FOR WITHDRAWAL.
*Item 2 was ADOPTED, AS REVISED.
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, Fe~lliam lIE. Harrison, Jr., Barbara M.
Henley, Louis 1~ Jones, Nancy I~ Parker, Vice Mayor ~illiam D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Mayor Meyera E.
Oberndorf
January 9, 1996
- 16 -
Item IV-K. Ia.
CONSENT AGENDA
ITEM # 40269
RESOLUTIONS
The following spoke in OPPOSITION:
Maxine C. Graham, 3057 South Sandpiper Road, Phone: 721-3000
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council ~4LLOWED
WITHDRAWAL:
Resolution to support legislation designating the following benevolent
corporation re real and personal property state and local tax exemption:
Conservation, Inc.
Voting:
8-0 (By Consent)
Council Members Voting .dye:
John A. Baum, Robert IC Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Mayor Meyera E.
Oberndorf
January 9, 1996
-17-
Item IV-IC lb.
RESOLUTIONS
ITEM it 402 70
BY CONSENSUS, City Council DEFERRED INDEFINITELY:
Resolution to support legislation designating the following benevolent
corporation re real and personal property state and local tax exemption:
Outreach for Christ, Inc.
This item was CONSIDERED AFTER THE PLANNING AGENDA.
Januar~ 9, 1996
- 18 -
Item IF-KZ
CONSENT AGENDA
ITEM # 40271
RESOLUTIONS
Lou Pace, 1908 Hunts Neck Court, spoke in OPPOSITION to the Resolution
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council ADOPTED, AS
REVISED:
Resolution to request the Planning Commission study potential Land Use
Regulations for drive-through facilities; and, report its conclusions and
recommendations to City Council within sixty-(6~ one hundred eight_
(18o) days.
(Sponsored by Councilman Linwood O. Branch III)
Voting:
8-0 (By ConsenO
Council Members Voting Aye:
John A. Baurn, Robert IC Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R~ Jones, Nancy IC Parker, Vice Mayor William D.
Sessotns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, Harold Heischober and Mayor Meyera E.
Oberndorf
January 9, 1996
Requested by Councilmember Linwood O. Branch, III
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A RESOLUTION REQUESTING THE PLANNING
COMMISSION TO STUDY POTENTIAL LAND
USE REGULATIONS FOR DRIVE-THROUGH
FACILITIES AND REPORT ITS
CONCLUSIONS AND RECOMMENDATIONS TO
THE CITY COUNCIL
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BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That the Planning Commission be, and hereby is, requested to
study potential land use regulations for drive-through facilities
within the City of Virginia Beach, including, but not limited to,
minimum lot size requirements and landscaping standards, and to
report its findings and recommendations to the city Council within
one hundred eighty (180) days of the date of adoption of this
Resolution.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of January , 1996.
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CA-95-6188
\noncode\drivthru.res
R-2
01-09-96
Post-ItTM brand fax transmittal memo 7671 J # of pages ·
- 19 -
Item III-L.
CONSENT AGENDA
ITEM # 40272
ORDINANCES
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council APPROVED in
one motion Ordinances 1 and 2 CONSENT AGENDA.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R~ Jones, Mayor Meyera E. Oberndorf,, Nancy I~ Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
- 20 -
Item III-L. 1
CONSENT AGENDA
ITEM # 40273
ORDINANCES
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance to A34END and REORDAIN Chapter 18 of the Code of the
City of Virginia Beach re the Business, Professional and Occupational
(BPOL) License Tax.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis I~ Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker,
V~ce Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
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AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 18
OF THE CODE OF THE CITY OF VIRGINIA BEACH,
VIRGINIA PERTAINING TO THE LICENSE TAX (BPOL)
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BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA ·
That Sections 18-2, 18-5, 18-8, 18-10, 18-15, 18-16, 18-18,
18-27, 18-76.1, 18-77, 18-86, 18-87, 18-89, 18-90, 18-92, 18-95,
18-99, 18-100.1, 18-101 and 18-102 of the Code of the City of
Virginia Beach, Virginia, are hereby amended and reordained,
Sections 18-6, 18-7, 18-11, 18-76.2 and 18-79 are repealed, and
Sections 18-10.1, 18-10.2, 18-32, 18-33 and 18-100.2 are hereby
added to read as follows:
Sec. 18-2. Definitions.
Except where the context clearly indicates a different meaning
or there is an express provision to the contrary, the following
words and phrases, when used in this chapter, shall have the
following respective meanings:
or profesfl cn 1~'-e .... -
"Affiliated group" means:
(a) One or more chains of includible corporations connected
through stock ownership with a common parent corporation which is
an includible corporation if:
(i) Stock possessing at least eighty percent of the
voting power of ali classes of stock and at least eighty percent of
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each class of the nonvoting stock of each of the includible
corDorations, except the common parent corporation, is owned
directly by Qne or more of the other includible corporations: and
(ii) The common parent corporation directly owns stock
possessing at least eighty percent of the voting power of all
classes of stock and at least eighty percent of each class of the
nonvoting stock of at least one of the other includible corpora-
tions.
As used in this definition, the term "stock" does not include
nonvoting stock which is limited and preferred as to dividends.
The term "includible corporation" means any corporation within the
affiliated group irrespective of the state or country of its
incorporation; and the term "receipts" includes gross receipts and
gross income.
(b) Two or more corporations if five or fewer persons who are
individuals, estates or trusts own stock possessing:
(i) At least eighty percent of the total combined votinq
power of all classes of stock entitled to vote or at least eiqhty
53 percent of the total value of shares of all classes of the stock of
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each corporation; and
(ii) More than fifty percent of the total combined votinq
Dower of all classes of stock entitled to vote or more than fifty
57 percent of the total value of shares .of all classes of stock of
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each corporation, taking into account the stock ownership of each
such person only to the extent such stock ownership is identical
with respect to each such corporation.
When one or more of the includible corporations, including the
common parent corporation, is a nonstock corporation, the term
"stock" as used in this definition shall refer to the nonstock
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corporation membership or membership voting rights, as is appro-
priate to the context.
"Assessment" means a determination as to the proper rate of
tax, the measure to which the tax rate is applied, and ultimately
the amount of tax, including additional or omitted tax, that is
due. An assessment shall include a written assessment made
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pursuant to ~otice by the assesSina official or a self-assessment
made by a taxpayer upon the filina of a return or otherwise not
pursuant to notice. Assessments shal~ be deemed made by an
assessing official when a written notice of assessment is
delivered to the taxpayer by the assessin~ official or an employee
of the assessin~ official, or mailed to the taxpayer at his last
known address. Self-assessments shall be deemed made when a return
is filed, or if no return is required, when the tax is paid. A
return filed or tax paid before the last day prescribed by this
chapter or any other provision of law for the filing or payment
thereof shall be deemed to be filed or paid on the last day
specified for the filing of a return or the payment of tax, as the
case may be.
"Assessor" means the commissioner of the revenue of the City
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of Virginia Beach.
"Base year" means the calendar year preceding the license
year, except for contractors subject to the provisions of ~ 58.1-
3715 of the Code of Virginia, as amended.
"Business" means a course of dealing which requires the time,
attention and labor of the person so engaged for the purpose of
earning a livelihood or profit. It implies a continuous and
regular course of dealing, rather than an irregular or isolated
transaction. A person may be engaged in more than one business.
The following acts shall create a rebuttable presumption that a
person is engaged in a business: (i) advertising or otherwise
holding oneself out to the public as being engaged in a particular
business; or (ii) filing tax returns, schedules and documents that
are required only of persons engaged in a trade or business.
"Contractor" shall have the meaning prescribed in ~ 58.1-3714B
of the Code of Virginia, as amended, whether such work is done or
offered to be done by day labor, general contract or subcontract.
"Definite place of business" means an office or a location at
which occurs a regular and continuous course of dealing for thirty
consecutive days or more. A definite place of business for a
person engaged in business may include a location leased or
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otherwise obtained from another person on a temporary or seasonal
basis; it may also include real mromert¥ leased to another, A
person's residence shall be de.~ed to be a definite mla~e
business if there is no definite mlace of business maintaine,']
elsewhere and the merson is not licensable as a meddler or
itinerant merchant.
"Financial services" shall mean the service for compensation
by a credit agency, an investment company, a broker or dealer in
securities and commodities, or a security or commodity exchange,
unless such service is otherwise provided for in this chapter.
Rendering financial services includes, without limitation, thn
following activities:
Buying installment receivable~
Chattel mortgage financing
Consumer financing
Credit card service~
Credit Unions
Factors
Financing accounts receivable
Industrial loan companies
Installment financing
Inventory financing
Loan or mortgage brokers
Loan or mortgage companie~
Safety deposit box companies
Security and commodity brokers and services
Stockbroker
Working capital financing
As used in the definition of "financial services":
"Broker" shall mean an agent of a buyer or a seller who
buys or sells stocks, bonds, commodities, or services,
usually on a commission basis.
"Commodity" shall mean staples such as wool, cotton,
etc., which are traded on a commodity exchange and on
which there is trading in futures.
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"Dealer." for purposes of this chapter shall mea~ any
person engaged in the business of buying and selling
securities for his or her own account, but does not
include a bank, or any person buying or selling
securities for his or her own account, either
individually or in some fiduciary capacity, but not am
Dart of a regular bus,ness,
"Security," for purposes of this chapter shall have the
same meaninq as in the Securities Act (~ 13.1-501 et
seq.) of the Code of Virginia, as amended, or in similar
laws of the United States regulating the sale of
securities.
"Gross receipts" means the whole, entire, total receipts
attributable to the licensed privilege, without deduction,
except as may be limited by the provisions of Chapter 37 of
Title 58.1 of the Code of Virginia, as amended.
"License year" (Effeative ~¥ 1, 1995 through Deaemher 31,
1996) means the period from May 1, 1996 to December 31, 1996).
"License year" (Delaye4 effeotive date), effective January 1,
1997, means the calendar year for which a license is issued for the
privilege of engaging in business.
"Personal services" shall mean rendering for compensation any
repair, personal, business or other services not specifically
classified as "financial, real estate, or professional services"
under this chapter, or rendered in any other business or occupation
not specifically classified in this chapter unless exempted from
local license tax by Title 58.1 of the Code of Virginia, as
amended.
"Professional services" shall mean rendering any service
specifically enumerated below or engaged in any occupation or
vocation in which a professed knowledge of some department of
science or learning, gained by a prolonqed course of specialized
instruction and study, is used by its practical application to the
affairs of others, either advising, guiding, or teaching them, and
in serving their interests or welfare in the practice of an art or
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science founded on it. "Profession" and "professional" imply
attainments in professional knowledge as distinguished from mer~
skill, and the application of knowledge to uses for others as a
vocation, and included, but without limitation, such attainments
attributed to the following:
Architects
Attorneys-at-law
Certified public accountants (to include account-
ing, auditing, and bookkeeping services}
Dentists and Dental Surgeons
Engineers
Industrial Designers
Land surveyors
Practitioners of the healing arts (the art or
science or group of arts or sciences dealing with
the prevention, diagnosis, treatment and cure or
alleviation of human physical or mental ailments,
conditions, diseases, pain or infirmities)
Surqeons
Veterinarians
"Purchases" shall mean all goods, wares and merchandise
received or offered for sale at each definite place of business of
every wholesaler or wholesale merchant, and shall not be construed
to exclude any goods, wares or merchandise otherwise coming within
the meaninq of such word, including such goods, wares and merchan-
dise manufactured by a wholesaler or wholesale merchant and sold or
offered for sale as merchandise.
"Real estate services" shall mean rendering a service for
compensation as lessor, buyer, seller, agent or broker and
providing a real estate service, unless the service is otherwise
specifically provided for in this chapter. Such services include,
but are not limited to, the following:
Appraisers of real estate
Escrow agents, real estate
Fiduciaries, real estate
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Lessors of real property
Real estate a~ents, brokers and managerm
Real estate sellin~ a~ents
Rental a~ents for rea~ estate
"Retailer" or "Retail Merchant" shall mean any person O~
merchant who sells ~oods. wares and merchandise for use o¥
consumption by the Purchaser or for any PurPose other than resalo
by the purchaser, but does not include sales at wholesale to
institutional, commercial and industrial users.
"Services" shall mean things purchased by a customer which do
not have physical characteristics, or which are not goods, wares,
or merchandise.
"Wholesaler" or "Wholesale Merchant" shall mean any person or
merchant who sells wares and merchandise for resale by the
purchaser, including sales when the goods, wares and merchandis~
will be incorporated into goods and services for sale, and also
includes sales to institutional, commercial and industrial users
which because of the quantity, price, or other terms indicate that
they are consistent with sales at wholesale.
Sec. 18-5. General requirements.
(a) Every person who, in the City of Virginia Beach, engages
in any business, trade, profession, occupation or calling
(collectively hereinafter a "business") as defined in this chapter,
unless otherwise exempted by law, shall apply for a license for
each such business if (i) in the case of professional services,
such person (1) maintains a definite office in the City of Virginia
Beach, or (2) if such person does not maintain a definite office in
the Commonwealth of Virginia but does maintain a residence in tho
City of Virginia Beach, which residence, for the purposes of this
chapter, shall be deemed a definite place of business; or (ii) in
the case of any other business, such person has a definite place of
business or maintains an office in the City of Virqinia Beach; or
(iii) such person is engaged as a peddler or itinerant merchant,
carnival or circus as specified in ~ 58.1-3717, 3718, or 3728,
respectively of the Code of Virqinia, as amended, or is a
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contractor subject to ~ 58.1-3715 of the Code of Virqinia, am
amended, or is a public service corporation subject to S 58.1-3731
of the Code of Viruinia. as amended. A separate license shall bm
reuuired for each definite place of business. A person en~aued in
two or more businesses or professions carried on at the same place
of business may elect to obtain one license for all such businessec
and Drofesslons if all of the following criteria are satisfied: (i)
each business or profession is licensable at the location and ha~
satisfied any requirements imposed by state law or other provisions
of the ordinances of the City of Virginia Beach; (ii) all of the
businesses or professions are subject to the same tax rate, or, if
subject to different tax rates, the licensee agrees to be taxed on
all businesses and professions at the hiqhest rate; and (iii} tho
taxpayer agrees to supply such information as the commissioner of
the revenue may require concerninq the nature of the several
businesses and their gross receipts.
~-, (b) It shall be unlawful for any person to engage in or
conduct a business, occupation or profession or do any other thing
for which a license tax is required under this chapter, without
first obtaining the requisite license and any tag, sign or other
evidence thereof required by this chapter.
+b~ (c) Unless otherwise provided, violation of this section
shall constitute a misdemeanor punishable by a fine of not less
than ~ ...... ~ ~.~
f~.~ d~ll~_ (e= ..) two hundred fifty dollars ($250.00) nor
more than one thousand dollars ($1,000.00) and each day of default
shall constitute a separate offense. Conviction of such violation
shall not relieve any person from the payment of any license tax
imposed by this chapter.
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Sec. 18-6.
Reserve~.
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--~ ~-~ ..... I ....... ~ .... cc =n ...... l.d-t~d anount =hall bc
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8eo. 18-7. Reserved.
=hall bc con=id=rod
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Sec. 18-8.
(a)
Levy an~ purposes of taxes.
~ffective ilmllediately and until December 31, 1996,
beginning with the first day of May and ending with the
---~N -~ .... ~ there
thirty-first day of December, 1996 'f-'~-'~~, ............ ~,
are hereby imposed and levied, and there shall be collected, for
the annual license taxes set
forth in this chapter,
on persons conducting or engaged in thc
businesses,
occupations or professional employments in the City of Virginia
-- which license taxes shall be
Beach -~ .... ~ ~ ~ ~- ~- -~--~-
for the purpose of providing funds for the operation of the city
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government, the payment of the city debt and for other municipal
purposes.
Cb) CDelayed effective date! Effective January 1. 1997, for
each year. beainnin, with the first day of January and ending w~th
the thirty-first day of December following, there are hereby
imposed and levied, and there shall be collected, the annual
license taxes set forth in this chapter, on persons conducting or
en~aaed in businesses, occuDatio~a or professional employments in
the City of Virginia Beach, which license taxes shall be for the
purpose of providing funds for the operation of the city
government, the payment of the city debt and for other municipal
purposes.
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Sec. 18-10. Measurement of tax based on gross receipts, gross
sales, etc.
(a) Whenever in this chapter it is provided that any person
shall pay a license tax based or partly based on gross receipts,
gross sales, gross purchases, gross commissions, gross contracts or
orders or graduated in any other way (hereinafter, "qross"), so
much of the license tax as is so based shall be measured by the
preceding calendar year ending on the thirty-first day of December;
provided, however, that whenever any such person was not engaged in
such business, occupation or professional employment on which such
license tax is imposed for the full preceding calendar year ending
on the thirty-first day of December, so much of such license tax
as s based on qross ~ ......... ~._, ~ ......... , ~ .... ~ ......... ,
e~ shall be measured by the estimated gross ~ ......... ~t~,
ordcru -- -~ ..... ~---~ basis that will be made and received from
the first day of M~y the then current of thc license year to the
e~ last day of such license year, unless otherwise specifically
provided in this chapter. Whenever any person begins a business,
occupation or professional employment on or after the first day of
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Ma~ of the license year, so much of the license tax imposed by
this chapter as is based on gross
~ .............. ~ ...... ~'ay shall be measured by the estimated gross
---~---~ ..... ~ ...... ~--~"-~-~ ~-~ that will be made and
received from the co~encement of the business, occupation or
professional emplo~ent to the end of the license year.
~ ~ ...... ~ ...... ~ ~ ..... ~ ~"-~ .... ~-- thc f ii
(b)~ ~enever a license tax is assessed on the basis of
estimated gross - '
every underestimate thereof shall be subject to correction by the
co~issioner
of
the
revenue, and it shall be or her his duty to
assess such person with such additional license tax as may be found
to be due after the close of the license year on the basis of the
true amount of such gross .... ~-~ ......
basis.
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Sec. 18-10.1 Situs of gross receipts.
(a) General rule. Whenever the tax imposed by this ordinance
is measured by gross receipts, the qross receipts included in the
taxable measure shall be only those gross receipts attributed to
the exercise of a licensable privilege at a definite place of
business within the City of Virginia Beach. In the case of
activities conducted outside of a definite place of business, such
as during a visit to a customer location, the gross receipts shall
be attributed to the definite place of business from which such
activities are initiated, directed, or controlled. The situs of
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gross receipts for different classifications of business shall be
attributed to one or more definite places of business Qr offices as
follows=
(1) The gross reoe~pts of a contractor shall be
attributed to the definite place of business at which services are
performed, or if services are not performed at any definite place
of business, then the definite place of business from which
services are directed or controlled, unless the contractor i~
subject to the provisions of ~ 58.1-3715 of the Code of Virginia,
as amended.
(2) The gross receipts of a retailer or wholesaler shall
be attributed to the definite place of business at which sale~
solicitation activities occur, or if sales solicitation activities
do not occur at any definite place of business, then the definite
place of business from which sales solicitation activities are
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directed or controlled.
(3) The gross receipts of a business rentinq tangibl~
personal property shall be attributed to the definite place of
business from which the tangible personal property is rented or, if
the property is not rented from any definite place of business,
then the definite place of business at which the rental of such
property is managed.
(4) The gross receipts from the performance of persona]
services shall be attributed to the definite place of business at
which the services are performed or, if not performed at any
definite place of business, then the definite place of business
from which the services are directed or controlled.
(b) Apportionment. If the licensee has more than one
definite place of business and it is impractical or ~mpossible to
determine to which definite place of business gross receipts should
be attributed under the general rule and the affected jurisdictions
are unable to reach an apportionment agreement, except as to
circumstances set forth in ~ 58.1-3709 of the Code of Virginia, as
amended, the gross receipts of the business shall be apportioned
between the definite places of businesses on the basis of payroll.
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Gross receipts shall not be apportioned to a def~Pite place of
business unless some activities under the applicable general rule
occurred at. or were controlled from. such defSn~te p~ace of
business. Gross receipts attributable to a definite place of
business in another jurisdiction shall not be attributed to the
City of Virainia Beach in the event the other jurisdiction does not
impose a tax on the gross receipts attributable to the definite
place of business in such other jurisdiction.
(c) Agreements. The commissioner of the revenue may enter
into agreements with any other political subdivision of Virginia
concerning the manner in which gross receipts shall be apportioned
among definite places of business. However, the sum of the gross
receipts apportioned by the agreement shall not exceed the total
gross receipts attributable to all of the definite places of
business affected by the agreement. In the event the commissioner
of the revenue is notified or becomes aware that his or her method
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of attributing gross receipts is fundamentally inconsistent with
the method of one or more political subdivisions in which th-
taxpayer is licensed to engage in business and that the differenc~
has, or is likely to result in, taxes on more than 100% of it~
gross receipts from all locations in the affected jurisdictions,
the commissioner of the revenue shall make a good faith effort to
reach an apportionment
subdivisions involved.
agreement with the other political
Sec. 18-10.2 Exclusions and deductions from "gross receipts."
(a) General Rule. Gross receipts for license tax purposes
shall only include amounts derived from the exercise of the
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450
licensed privilege to engage in a business or profession in the
ordinary course of business or profession.
(b) The following items shall be excluded from gross
receipts:
(1) Amounts received and paid to the United States, the
Commonwealth of Virginia or any county, city or town for the
Virginia retail sales or use tax, or for any local sales tax or any
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461
local excise tax on cigarettes, or for any federal or state excise
taxes on motor fuels.
(2) Any amount reDresentina the li=uidation of a debt or
conversion of another asset to the extent that the amount i~
attributable to a transaction previously ta~ed.
(3) Any amount representing returns and allowances
granted by the business to its customer.
(4) ReceiPts which are the proceeds of a loan
transaction in which the licensee is the obligor.
(5) Receipts representing the return of principal of a
loan transaction in which the licensee is the creditor, or the
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468
return of principal or basis upon the sale of a capital asset.
(6) Rebates and discounts taken or received on account
of purchases by the licensee. A rebate or other incentive offered
to induce the recipient to purchase certain goods or services from
a person other than the offeror, and which the recipient assigns to
the licensee in consideration of the sale of goods and services
shall not be considered a rebate or discount to the licensee, but
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472
shall be included in the licensee's gross receipts together with
any handling or other fees related to the incentive.
(7) Withdrawals from inventory for which no
consideration is received and the occasional sale or exchange of
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479
assets other than inventory, whether or not a gain or loss is
recognized for federal income tax purposes.
(8) Investment income not directly related to the
privilege exercised by a licensable business not classified as
rendering financial services. This exclusion shall apply to
interest on bank accounts of the business, and to interest,
dividends and other income derived from the investment of its own
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482
funds in securities and other types of investments unrelated to the
licensed privilege. This exclusion shall not apply to interest,
late fees and similar income attributable to an installment sale or
483
other transaction that occurred in the regular course of business.
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5O8
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516
Sec. 18-11. Reserved,
:hall bc
Sec. 18-15. ~-- ~ .... ' ~ .... ~'- ppl~
............ ~ .... Dates for a cation and paymene
{a) {i) Fro~ May 1, 1996 through December 31, 1996, each
person subject to a license tax imposed by this chapter shall apply
for a license no later than May 1 of the current license year if he
or she had been issued a license for the preceding license year.
~hen a person subject to a license tax shall begin the business,
occupation or e~ployment that ~akes him or her subject to the ta~
after May 1 of the license year, such tax shall be due and payable
at the time the person commences business.
(ii) (Delaye~ effective ~ate) Effective January 1, 1997,
each person subject to a license tax imposed by this chapter'shall
apply for a license prior to beginning business if he or she was
not licensable in the City of Virginia Beach on or before January
i of the license year; persons issued a license for the preceding
license year shall apply no later than March i of the current
license year.
(iii) In either case, the application shall be on
forms prescribed by the commissioner of the revenue.
(b) The tax shall be paid with the application in the case of
any license not based on gross receipts or purchases.
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519
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522
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526
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528
529
(i) From May 1, 1996 through December 31, 1996, if the
tax is measured by the gross receigts or purchases of the business,
the tax shall be paid on or before June lQ, 1996.
(ii~ CDelaved effeative date) Effective January 1, 1997,
if the tax is measured by the gross receipts or purchases of the
business, the tax shall be paid on or before March 1.0~ the l~cense
year.
(c) The commissioner of the revenue may, for good cause,
grant an extension of time, not to exceed ninety (90) days, in
which to file an application for a license. The extension may be
conditioned upon the timely payment of a reasonable estimate of the
appropriate tax, subject to adjustment to the correct tax at the
end of the extension together with interest from the due date until
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532
the date paid and, if the estimate submitted with the extension is
found to be unreasonable under the circumstances, a penalty of ten
(10) percent of the portion paid after the due date.
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537
538
539
540
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547
548
549
550
551
See. 18-16. Penalties and interest for late payment of tax.
forth 5_ subsection
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.,1 "14
(a) A penalty of ten (10) percent of the tax or ten dollars
($10.00) f whichever is greater, may be imposed upon the failure to
file an application or the failure to pay the tax by thP
appropriate due date. Only the late filing penalty shall be
imposed by the commissioner of the revenue if both the application
and payment are late; however, both penalties may be assessed if
the commissioner of the revenue determines that the tawpayer has a
history of noncompliance. In the case of an assessment of
additional tax made by the commissioner of the revenue, if th~
application and, if applicable, the return were made in good faith
and the understatement of the tax was not due to any fraud, or any
reckless or intentional disregard of the law by the taxpayer, there
shall be no late payment penalty assessed with the additional tax.
If any assessment of tax by the commissioner of the revenue is not
paid within thirty (30) days, the treasurer may impose a ten (10)
percent late payment penalty. Any such penalty when so assessed
shall become a part of the tax. The penalties shall not b~
imposed, or if imposed, shall be abated by the official who
assessed them, if the failure to file or pay was not the fault of
the taxpayer. In order to demonstrate lack of fault, the taxpayer
must show that he or she acted responsibly and that the failure wa~
due to events beyond his or her control.
For purposes of this section, "acted responsibly" means that:
(i) the taxpayer exercised the level of reasonable care that a
prudent person would exercise under the same or similar
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circumstances in determining the filing obligations for the
business, and (ii) the taxpayer undertook significant steps to
avoid or mitigate the failure, such as requesting appropriate
extensions (where applicable), attempting to prevent a foreseeable
impediment, acting to remove an impediment once it occurred, and
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592
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597
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600
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610
611
612
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DromDtlV rectif¥in~ a failure once the impediment was removed
the failure discovered.
.."Events beyond the ts~Dayer's control" include, but are nor
limited to. the unavailability of records d~e to fire or othe~
casualtY= the unavoidable absence (due to death or serious illness)
of the person with the sole responsibility for t~ compliance~
the taxpayer's reasonable reliance in ~ood faith UDOn erroneou~
written information from the commissioner of the revenue, who was
aware of the relevant facts relating to the taxpayer's business
when the erroneous information was provided.
(b) Interest shall be charged on the late payment of the ta~
from the due date until the date paid without regard to fault
other reason for the late payment. Interest shall be ~posed at
rate of nine and six-tenths (9.6) percent per annu~ during thc
first year of delinquency and at the rate of ten and eight-tenths
(10.8) percent per annum during the second and subsequent years oF
~elinquency. Whenever an assessment of additional or omitted ta~
by the commissioner of the revenue is found to be erroneous, ali
interest and penalty charged and collected on the amount of the
assessment found to be erroneous shall be refunded together wit~
interest on the refund from the date of payment or the due date,
whichever is later. Interest shall be paid on the refund of
tax paid under this chapter from the date of payment or due date,
whichever is later, whether attributable to an amended return or
other reason. Interest on any refund shall be paid at the same
rate charged under ~ 58.1-3916 of the Code of Virginia, as amended.
(c) No interest shall accrue on an adjustment of estimate~
tax liability to actual liability at the conclusion of a base year.
No interest shall be paid on a refund or charged on a late payment,
in event of such adjustment, provided the refund or the lat~.
payment is made not more than thirty (30) days from (i) the date of
the payment that created the refund, or (ii) the due date of th~
taxi or (iii) the date of the taxpayer's application for a refund,
whichever is later.
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627
628
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633
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653
Sec. 18-18. Proration of tax.
Ca) From the date of the adoption of this ordSnance and until
January 1, 1997, in the event any person required to pay a license
tax under the provisions of this chapter, which tax is not measured
by gross receipts, gross sales, gross purchases, gross commissions,
gross contracts or orders or graduated in any other way, shall
begin any business, occupation or employment after the first day of
May of the license year, the license tax shall be prorated as
follows: If such business, occupation or employment is begun prior
to the first day of ~ July of the license year, the full
license tax shall be paid; if begun on or after the first day of
~-embe~ July and prior to the first day of Dcccmbcr September of
the license year, three-fourths of the license tax shall be paid;
if begun on or after the first day of ~aeembe~ September and prior
to the first day of Fcbruary November of the license year, one-half
of the license tax shall be paid; and if begun on or after the
first day of ~ November of the license year, one-fourth of
the license tax shall be paid; provided, however, that no such
license tax shall be subject to such proration where proration is
expressly prohibited or where the amount of the license tax is
fixed for any part of the license year or where the license tax for
the whole year is ........ ...A
...... z .... doll~ '~= ~"' thir dollars
($30.00} or less.
(b) (Delayed effeotive date) Effective January 1, 1997, in
the event any person required to pay a license tax under the
provisions of this chapter, which tax is not measured by gross
receipts, gross sales, gross purchases, gross commissions, gross
contracts or orders or graduated in any other way, shall begin any
business, occupation or employment after the first day of January
of the license year, the license tax shall be prorated as follows:
If such business, occupation or ~mployment is begun on or before
March 31 of the license year, the full license tax shall be paid;
if begun after March 31 and on or before June 30 of the license
654
655
year, three-fourths of the license tax shall be paid; if begun
after June 30 and on or before September 30 of the license year,
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666
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one-half of the license tax shall be paid; and if bequn after
September 30 of the license year. one-~Qurth of the license tax
shall be paid: provided, however, that no such license tax shall be
sub4ect to such proration where proration is expressly Drohibite~
or where the amount of the license tax is fixed for any Dart of th~
license year or where the license tax for the whole year is thirty
dollars ($30.00) or less.
+b~ (c} Regardless of the basis or method of measurement or
computation, in the event a person ceases to engage in a business
within the city during a year for which a license tax based on
qross receipts on a business, trade, profession, occupation or
calling has already been paid, the taxpayer shall be entitled upon
application to the commissioner of the revenue to a refund for that
portion of the license tax already paid, prorated on a monthly
basis so as to ensure that the license privilege is taxed only for
that fraction of the year during which it is exercised within the
city. In no event shall the city refund any part of a flat fee or
minimum flat tax.
18-27. ?= ...... · .... -- '- ...... ,,=----~*~Weoor~Wee"~n'
and
audits.
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700
701
702
703
704
705
706
707
708
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710
(a) Every person who is assessable with a license tax shall
keep sufficient records to enable the co~missioner of the r~venu~
to verify the correctness of the ta~ paid for the license Yearr
assessable, and to enable the commissioner o~ the revenue to
ascertain what is the correct amount of tax that was assessable for
each of those years. All such records, books of accounts and other
information shall be open to inspection and examination by the
commissioner of the revenue to allow the comm'lSSloner' to establish
whether a particular receipt is directly attributable to the
taxable privileqe exercised within the City of Virginia Beach. Th~
commissioner of the revenue shall provide the taxpayer with the
option to conduct the audit in the taxpayer's local business
office, if the records are maintained there. In the event the
records are maintained outside the City of Virginia Beach, copies
of the appropriate books and records shall be sent to the
commissioner's office upon demand.
~e~ (b) Any person who shall fail or refuse to keep the
invoices and records required by this section shall be guilty of a
Class 4 misdemeanor.
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8eo. 18-32. Permit required.
(a) No person shall engaqe in the activities of a dealer as
defined in section 18-76.1, pawnbroker, junk dealer, or secondhand
dealer without first obtaining a permit from the chief of police.
(b) To obtain a permit, the applicant shall file with th~
chief of police an application form which includes the applicant's
full name, any aliases, address, age, date of birth, sex, and
fingerprints; the name, address, and telephone number of the
applicant's employer, if any; and the location of the applicant's
place of business. Upon filing this application and the payment of
the permit fee set forth in subsection (g) of this section, the
applicant shall be issued a permit by the chief of police or his or
her designee, provided that the applicant has not been convicted of
a felony or crime of moral turpitude within seven (7) years prior
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726
79.7
79.8
79.9
730
731
732
733
734
735
736
737
738
739
740
~o the date of aDDlication. Further. the Dermit shall be denied if
the applicant has been denied a permit or has had a permit revoke~
under any statute or ordinance similar in substance to the
provisions of this section, and mav be denied if the applicant
been a principal or associate in any partnershiP, corporation or
other business enterprise which has been subject to civil or
criminal penalty or any order to cease doing business issued by
federal, state, or local governmental law enforcement or consumer
protection agency.
(c) The chief of Dolice. Prior to issuance or renewal of
permit, shall determine that the applicant intends to conduct
business at a fixed and permanent location, and shall require proof
of ownership of the proposed business premises by the applicant or
the applicant's employer, or evidence of a valid lease of such
premises held by the applicant or the applicant's employer of no
less duration than the term of the license. Conduct of business
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749
75O
751
752
753
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757
758
from a hotel, motel, temporary lodging unit or similar location
shall not satisfy the requirements of this section.
(d) No more than sixty (60) days prior to issuance of the
permit reguired by this section, the applicant must have any
weighing devices used in the business inspected and approved by
local or state weights and measures officials and present written
evidence of such approval to the chief of police or his or her
designee.
(e) This permit shall be valid until the end of the current
business license year and may be renewed in the same manner as such
permit was initially obtained upon payment of an annual permit fee.
No permit shall be transferable.
(f) If the business of the applicant is not operated without
interruption, with Saturdays, Sundays and recognized holidays
excepted, the applicant shall notify the chief of police of ali
closings and reopenings of such business. The business of a
applicant shall be conducted only from the fixed and permanent
location specified in the application for a permit.
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769
770
Cg) The initial and annual permit fee sh~l be two hundred
dollars ($200.00~ for a dealer as defined in section 18-76.1, an~
twenty-five dollars ($25.00) for a pawnbroker, iunk dealer Or
secondhand dealer; provided, however, that if an applicant applies
for an initial or renewal permit as a dealer of precious metals ~n~
aems at the same time as the applicant aPPlies for an initial or
renewal permit as a junk dealer or secondhand dealer, the aDplican~
need only DaY the two hundred dollar ($200.00~ permit ~ee, If the
chief of police refuses to issue such permit, the applicant shall
be notified, in writing, of the reasons for the refusal and the
applicant may appeal such refusal to the city council within thirty
(30} days from the date of such notice.
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792
Sec. 18-33 Limitations, extensiong, appeals and rulings.
The enforcement of the provisions of this chapter including
limitations with respect thereto, the correction of any assessment
hereunder and any appeal by the City of Virginia Beach of a
correction made by the commissioner of the revenue or by any person
assessed with taxes hereunder and aggrieved by such assessment
shall be pursuant to Chapter 39, Title 58.1 of the Code of
Virginia, as amended; provided, however:
(a) Any person assessed with a tax under this chapter as the
result of an audit may within the period provided in ~ 58.1-3980 of
the Code of Virginia, as amended, apply to the commissioner of the
revenue for a correction of the assessment. The application must
be filed in good faith and sufficiently identify the taxpayer,
audit period, remedy sought, each alleged error in the assessment,
the grounds upon which the taxpayer relies, and any other facts
relevant to the taxpayers's contention. The commissioner of the
revenue may hold a conference with the taxpayer if requested by the
taxpayer, or require submission of additional information and
documents, further audit, or other evidence deemed necessary for a
proper and equitable determination of the applications. The
assessment shall be deemed prima facie correct. The commissioner
of the revenue shall undertake a full review of the taxpayer's
793
claims and issue a determination to the taxpayer setting forth the
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797
798
799
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816
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818
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828
commissioner's position. Every assessment pursuant to an audit
shall be accompanied by a written explanation of the ~axPaYer's
riaht to seek correction and the specific procedure to be follQwe~
in the City of Virainia Beach,
(b) Provided an application is made within ninety (90) days
of an assessment, collection activity shall be suspended until
thirty (30) days after the final determination is issued by the
commissioner of the revenue, unless the commissioner determines
that collection would be jeopardized by delay or that the taxpayer
has not responded to a request for relevant information after a
reasonable time. Interest shall accrue in accordance with the
provisions of subsection (b) of section 18-16 of this chapter, but
no further penalty shall be imposed while collection action is
suspended. The term "jeopardized by delay" includes a findinq that
the application is frivolous, or that a taxpayer desires (i) to
depart quickly from the locality, (ii) to remove property
therefrom, (iii) to hide or hide property therein, or (iv) to do
any other act tending to prejudice, or to render wholly or
partially ineffectual, proceedings to collect the tax for the
period in question.
(c) Any taxpayer may request a written ruling from the
commissioner of the revenue regarding the application of the tax to
a specific situation. Any person requesting such a ruling must
provide all the relevant facts for the situation and may present a
rationale for the basis of an interpretation of the law most
favorable to the taxpayer. Any misrepresentation or change in the
applicable law or the factual situation as presented in the rulin~
request shall invalidate any such ruling issued. A written ruling
may be revoked or amended prospectively if (i) there is a change in
the law (including court decisions), or (ii) the commissioner of
the revenue notifies the taxpayer of a change in the policy or
interpretation upon which the ruling was based. However, any
person who acts in reliance upon a written ruling which later
becomes invalid shall be deemed to have acted in good faith during
the period in which such ruling was in effect.
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833
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863
BOO. 18-76.1. Dealers ~n preo~ous met&ls end gems--_~ ....... .....
(a) Definitions. For the purposes of this section, the
following definitions shall applyc
(1) "Coin" means any piece of gold, silver or other
metal fashioned into a prescribed shape, weight and degree of
fineness, stamped by authority of a government with certain marks
and devices, and having a certain fixed value as money.
(2) "Dealer" means any person, firm, partnership or
corporation engaged in the business of purchasing, acquiring or
selling secondhand precious metals or gems, or precious metals or
gems removed in any manner from manufactured articles not then
owned by such person, firm, partnership or corporation. "Dealer"
includes all employers and principals on whose behalf a purchase is
made, and any employee or agent who makes any purchase for or on
behalf of an employer or principal.
This definition shall not be construed so as to include
persons engaged in the following:
a. Purchases of precious metals or gems
directly from other dealers, manufacturers, or wholesalers for
retail or wholesale inventories.
b. Purchases of precious metals or gems from
a duly qualified fiduciary who is disposing of the assets of the
estate being administered by such fiduciary in the administration
of an estate.
c. Acceptance by a retail merchant of trade-
in merchandise previously sold by such retail merchant to the
person presenting that merchandise for trade-in.
d. Preparing, restoring or designing jewelry
by retail merchant, if such activities are within the normal course
of business.
e. Purchases of precious metals or gems by
industrial refiners and manufacturers, insofar as such purchases
are made directly from retail merchants or wholesalers.
f. Persons regularly engaged in the business
of purchasing and processing nonprecious scrap metals which
25
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865
866
867
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870
871
872
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879
incidentally may contain traces of precious metals recoverable as
a by-product.
(3) "Gems" means any items containing precious or
semiprecious stones customarily used in jewelry.
(4) "Precious metals" means any item except coins
composed in whole or in part of gold, silver, platinum or platinum
alloys.
(b) Tax levied on receipts. Every dealer engaged in business
in the city of purchasing, acquiring or selling secondhand precious
metals or gems shall pay a license tax equal to the greater of
$30.00 or thirty-six one hundredths of one percent of all gross
receipts received in the resale of such precious metals or gems
made during the preceding calendar year.
(c) Dealers shall obtain a permit from the chief of polic~
prior to obtaininq a license under this chapter in accordance with
section 18-32.
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890
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892
893
894
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899
900
8e~. 18-76.2.
................. ~ .................. ~ .... t .... k~d und=r any
26
901
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903
904
9O5
906
907
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910
911
912
913
914
915
916
917
918
919
920
921
922
923
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925
926
927
928
%y~vv, vv/ ·
/.¢%
929
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931
932
933
934
935
Bec. 18-77. Detectives, detective agencies, watchmen services,
security patrols and similar security services.
(a) Every person operating a detective agency or engaged in
the business of a detective shall pay a license tax the greater of
$30.00 or thirty-six one hundredths of one percent of the gross
receipts in such business during the preceding calendar year· Any
person or agency obtaining a license under this subsection may
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940
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946
947
948
949
950
951
952
953
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955
conduct the business of furnishing watchmen for compensation,
without securing an additional license under subsection (b) of this
section for so doing.
(b) Every person or agency furnishing watchmen, security
patrols or similar security services for compensation shall pay a
license tax of the greater of $30.00 or thirty-six one hundredths
of one percent of the gross receipts in such business during the
preceding calendar year.
(c) As a prerequisite to obtaining the license required by
this section, every person operating a detective agency, watchmen
service, security patrol or similar security service or engaged in
the business of a detective or watchman must have (1) an approved
private security services business license from the Virginic
Department of Criminal Justice Services or its successor agency ae
required under Virginia Code sections 9-183.1 through 9-183.12;
and. (2) the written approval of the chief of police of the city as
to badges, insignia and uniforms that will be used by such
detective, detective agency, security patrol, security service,
watchmen or watchmen service, and as to the insignias, lettering or
decals to be used on private security patrol vehicles.
956
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960
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963
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965
966
967
968
969
970
8so. 18-79.
hlcl
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1000
1001
1002
1003
1004
Sec. 18-86. Junk dealers and .... ...... =_=:==; secondhand dealers.
(a) Every person engaged in business in the city as a junk
dealer or secondhand dealer shall pay a license tax equal to the
greater of $30.00 or thirty-six one hundredths of one percent of
the gross sales, whether paid for or not, in such business during
the preceding calendar year.
(b) No license to en~a~e in bus,ness as a ~unk dealer= and
....... =A__ and or secondhand dealere in the city shall ow~ain be
issued until the applicant therefor has obtained a permit from the
chief of police ' ii in
accordance with section 18-32. If the chief of police refuses to
issue such permit, he or she shall notify the applicant, in
writing, of his the reasons therefor and the applicant may appeal
such refusal to the city council within thirty days from the date
of such notice.
Bec. 18-87. Marinas.
Every person engaged in the business of keeping or operating
a marina shall pay a license tax equal to the greater of $30.00 or
thirty-six one hundredths of one percent of the gross receipts,
including the gross receipts from ~ .... -~ic As~ ..... ~linc, -~- ....... ~i~,
· ' ~ .... repairs ~-
.... ~ .... ~ and from the berthing of boats, in such business during
the preceding calendar year.
Bec. 18-89. Merohants, retail.
(a) Every person engaged in the business of a retail
merchant~ as defined in section 18-2, shall pay a license tax equal
to the greater of $30.00 or twenty one hundredths of one percent of
the gross sales, whether paid or not, in such business during the
preceding calendar year.
~-, (b) For the purposes of this section, the gross sales of
a motor vehicle dealer may be computed after consideration of
29
lO05
1006
1007
1008
1009
1010
1011
1012
1013
1014
allowances for cash discounts given and used motor vehicles taken
in trade. When used or secondhand vehicles are sold, the price
received therefor shall be considered as sales.
~-, .(c) Where a merchant conducts both a retail and a
wholesale business, separate license taxes shall be paid on the
retail and wholesale parts of such business; provided, however,
that any retail merchant who desires to do a wholesale business
also may elect to do such wholesale business under h~e~ retailer's
license by paying license taxes under this section as a retailer on
both hiu the retail business and h~e the wholesale business.
1015
1016
1017
1018
1019
1020
1021
1022
1023
1024
1025
1026
1027
1028
1029
1030
1031
1032
1033
1034
1035
1036
1037
1038
1039
Sec. 18-90. Merchants, wholesale.
(a) Every person engaged in the business of a wholesale
merchant, as defined in section lS-2, shall pay a license tax equal
to twelve one hundredths of one percent of all gross purchases in
excess of ~ $25,000.00 in such business during the
preceding year; however, persons engaged in the business of a
wholesale merchant whose qross purchases amounted to $25,000 or
less during the preceding year shall pay a minimum license tax of
$30.00.
~,'~' (b) When a merchant conducts both a wholesale and a
retail business, separate license taxes shall be paid on the
3O
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049
1050
1051
wholesale and retail parts of such business; provided, however,
that any wholesale merchant who desires to do a retail business
also may elect to do so under a retailer's license by paying the
license taxes as a retailer on both ~ie the retail business andh..~=
the wholesale business.
~-, .(c) Any person who maintains no place of business in
the city and who stores goods, wares and merchandise in a public
warehouse or public warehouses in the city, for ultimate
distribution to wholesalers only or to the federal or state
government, or to any agency of either of such governments, shall
not be classified as a wholesale merchant and shall not be subject
to a license tax as such.
1052
1053
1054
1055
1056
1057
1058
1059
1060
1061
1062
1063
1064
1065
1066
1067
1068
1069
1070
1071
1072
1073
1074
Bec. 18-92. Pawnbrokers.
(a) Every person engaged in business as a pawnbroker shall
pay a license tax of the greater of $30.00 or thirty-six one
hundredths of one percent of the gross receipts in such business
during the preceding calendar year.
(b) For the purpose of this section, -.,z ~ ......... ~-z~..~ ~v
pawnbroker is any person meeting the definition provided at S 54.1-
4000 of the Code of Virginia, as amended.
(c) No license to engage in business as a pawnbroker in the
city shall be issued under this chapter unless the appTicant
therefor shall produce to the commissioner of the revenue the
license required by statc law.* S 54.1-4001 of the Code of
Virqinia, as amended.
(d) No license to engage in business as a pawnbroker in the
city shall be issued until the applicant therefor has .... ~ ---~
scction~ =~-"~ ~ =~-~ ~ ~ ~ ~ ~ Virginia obtained
permit from the chief of police in accordance with section 18-32.
If the chief of police refuses to issue such permit, he shall
notify the applicant, in writing, of his reasons therefor and the
applicant may appeal such refusal to the city council within thirty
(30) days from the date of such notice.
31
1075
1076
1077
1078
1079
1080
1081
1082
1083
1084
1085
1086
1087
1088
1089
1090
1091
1092
1093
1094
1095
1096
1097
1098
1099
1100
1101
1102
1103
1104
1105
1106
1107
1108
(e) Upon conviction of the holder of a license to engage in
business as a pawnbroker in the city for the violation of any state
law or provision of this code or other ordinance of the city
concerning pawnbrokers, such license shall be deemed forfeited
without further adjudication.
Seo. 18-95. Peddlers of ice cream, oandy, etc., from vehicles.
(a) Every person peddling ice cream and other ice
confectioneries, candies and confections from vehicles on the
streets of the city shall pay a license tax of $50.00. No such
license tax shall be prorated and the license shall not be
transferrable.
(b) No person licensed under this section shall sell, or
offer for sale, ice cream and other ice confectioneries, candies
and confections, unless each operator covered by such license has
obtained a permit from the chief of police. If the chief of police
refuses to issue such permit, he or she shall notify the applicant,
in writing, of h~e the reasons therefor and the applicant may
appeal such refusal to the city council within thirty (30) days
from the date of such notice;
Sec. XS-99. Personal service businesses.
(a) Every person engaged in any personal service business as
defined in section 18-2 shall pay a license tax equal to the
greater of $30.00 or thirty-six one hundredths of one percent of
the gross receipts in such business during the preceding calendar
year.
(b) Personal service businesses referred to in this section
shall include, but not be limited to, those businesses set out
below and any miscellaneous personal service business not elsewhere
classified:
(1)
(2)
(3)
(4)
Laundries, family and commercial.
Linen supply.
Diaper service.
Coin-operated laundries and dry cleaning.
32
1109
1110
1111
1112
1113
1114
1115
1116
1117
1118
1119
1120
1121
1122
1123
1124
(5)
(6)
(7)
(8)
(9)
Dry cleaning and dyeing.
Rug cleaning and repairing.
Industrial launderers.
Photographic studios, including commercial.
Photography.
(10) Shoe repair shops, shoe shine parlors and hat
cleaning shops.
(11) Funeral service and crematories.
(12) Garment pressing, alteration and repair.
(c) For each vehicle or conveyance used by a person who has
been licensed to solicit for laundry, cleaning, dyeing and pressing
work, as set forth in this section, the commissioner of revenue
shall issue a tag or number plate, in form prescribed by him the
commissioner of the revenue, to evidence the payment of the license
tax imposed by this section, which tag or number plate shall be
attached to such vehicle or conveyance.
1125
1126
1127
1128
1129
1130
1131
1132
1133
1134
1135
1136
1137
1138
1139
1140
1141
1142
1143
Bec. 18-100.1. Professional service businesses and professions.
Every person engaged in any professional service business
or profession as defined in section 18-2 shall pay a license tax
equal to the greater of $30.00 or fifty-eight one hundredths of one
percent of the gross receipts in such business during the preceding
calendar year.
%.,-/
/,)%
~..,/
lA%
%"./
(8)
33
1144
1145
1146
1147
1148
1149
1150
1151
1152
1153
1154
1155
1156
1157
1158
1159
1160
!161
1162
]163
1164
1165
Sec. 18-100.2 Research and development servioes.
Every person, firm or corporation desiqnated as the principal
or prime contractor receivinq identifiable federal appropriations
for research and development services as defined in section 31.205-
18(a) of the Federal Acquisition Requlation in the areas of
computer and electronic systems, (b) computer software, (c} applied
sciences, (d} economic and social sciences and (e) electronic and
physical sciences shall be subject to a license tax rate of three
cents ($0.03) per one hundred dollars ($100.00) of such federal
funds received in payment of such contracts upon documentation
provided by such person, firm or corporation to the commissioner of
the revenue.
1166
]167
1168
1169
1170
1171
1172
1173
1174
1175
1176
1177
Bec. 18-101. Real estate and~-iaaaeefinancial services businesses.
Every person engaged in any real estate or fTnancc
financial services businesses as defined in section 18-2 shall pay
a license tax equal to the greater of $30.00 or fifty-eight one
hundredths of one percent of the gross receipts in such business
during the preceding calendar year.
ola=sificd:
(2)
34
1178
1179
(3)
1180
1181
1182
1183
1184
1185
1186
1187
1188
1189
1190
1191
1192
1193
1194
1195
1196
1197
1198
1199
1200
1201
1202
1203
1204
1205
1206
1207
1208
1209
1210
1211
1212
Sec. 18-102. Repair serviae businesses.
(a) Every person engaged in any repair service business shall
pay a license tax equal to the greater of $30.00 or thirty-six one
hundredths of one percent of the gross receipts in such business
during the preceding calendar year.
(b) Repair-service businesses referred to in this section
shall include those businesses set out below and any miscellaneous
repair service business not elsewhere classified:
(1) Bicycle repair shop.
(2) Boiler repair shop.
(3) Coppersmith.
(4) Electrical appliance repair shop.
(5) Engine repair shop.
(6) Fountain pen repairing.
(7) Fountain repairing.
(8) Furniture repairing or cleaning.
(9) Harness and leather repairing.
appliance
(10) Household and office
repairing or cleaning.
(11) Lawn mower repairing.
(12) ~--~--"~ (Reserved }
(13) Luggage repair.
(14) Machine shop.
(15) Mattress renovating and repairing.
(16) Motor repairing and rewinding.
(17) Musical instrument repairing.
(18) Radio or television repair shop.
(19) Refrigerator repair shop.
(20) Rug cleaning.
(21) Scale repairing.
(22) Sewing machine repair shop.
(23) Tailor (repair work).
(24) Tank repair shop.
35
or equipment
1213
1214
(25) Upholstering establishment.
(26) Watch and jewelry repairing.
1215
This ordinance shall be effective immediately.
1216
1217
Adopted by the Council of the City of Virginia Beach, Virginia
on the 9th day of January , 1996.
1218
1219
1220
1221
CA-5552
\ORDIN\NONCODE\18ETSEQ.
R-14
JANUARY 4, 1996
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
Department ot~ Law
36
- 21 -
Item Ill-I,.2
CONSENT AGENDA
ITEM # 40274
ORDINANCES
Upon motion by Councilman Baum, seconded by Council Lady Strayhorn, City Council ADOPTED:
Ordinance appointing viewers in the petition of AMERICAN-OCEANIC
COATINGS CORPORATION for the closure, discotttint4anc¢ and
abandonment ora portion of unimproved excess right-of-way - DuPont
Circle - (1596. 7 square feeO adjacent to Lots 7 and 8, Block 19, Ocean
Park (BAYSIDE BOROUGH).
The Viewers are:
David M. Grochmal
Robert J. Scott
Ralph A. Smith
Director of General Services
Director of Planning
Director of Public Works
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John .4. Baum, Robert I~ Dean, William W. Harrison, Jr., Barbara 34.
Henley, Louis R~ Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members .4bsent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
SYKES, CARNES, BOURDON
& AHERN, E C.
AI'FORNEYS ATLAW
ORDINANCE APPOINTING VIEWERS
WHEREAS, AMERICAN-OCEANIC COATINGS CORPORATION has
given due and proper notice, in accordance with the statutes
for such cases made and provided that they will on the 9th day
of January, 1996, apply to the City Council of the City of
Virginia Beach, Virginia, for the appointment of Viewers to
view the below described property and report in writing to the
Council whether, in the opinion of said Viewers, any, and if
any, what inconvenience would result from the discontinuance of
the hereinafter described portion of that certain street of
variable width, and has filed such application with said
Council.
NOW, THEREFORE, be it ORDAINED by the Council of the
City of Virginia Beach, Virginia:
THAT, Ralph A. Smith
David M. Grochmal
and Robert J. Scott a r e
hereby appointed to view the below described property and
report in writing to the Council on or before January 9, 1996,
whether in their opinion, any, and if any, what inconvenience
would result in the discontinuing and vacating of a portion of
that certain street of variable width located in the City of
Virginia Beach, Virginia, and more particularly described as
follows:
SEE ATTACHED EX}{IBIT "A"
Ail of the above as shown upon that certain plat
entitled, "EXHIBIT 'A' SHOWING PART OF UNIMPROVED RIGHT OF WAY
DUPONT CIRCLE TO BE CLOSED AND EXCESS PROPERTY TO BE ACQUIRED
'OCEAN PARK', Bayside Borough, Virginia Beach, Virginia", which
plat is attached hereto and made a part hereof and intended to
be recorded with the Ordinance closing the afore described
street.
5631i
ADOPTED: January 9, 1996
- 1 -
SYKES, CARNES. BOURDON
& AHERN, P, C.
ATTORNEYS AT LAW
EXHIBIT #A"
UNIMPROVED RIGHT OF WAY ADJACENT TO LOTS 7 AND 8,
BLOCK 19, PLAT OF SECTION 'B" OF OCEAN PARK
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE BAYSIDE BOROUGH OF VIRGINIA BEACH, VIRGINIA
designated "UNIMPROVED R/W 1596.7 SQ. FT." on that plat
entitled "EXHIBIT 'A' SHOWING PART OF UNIMPROVED RIGHT OF WAY
OF DUPONT CIRCLE TO BE CLOSED AND EXCESS PROPERTY TO BE
ACQUIRED 'OCEAN PARK', Bayside Borough, Virginia Beach,
Virginia", prepared by T.E.S., Inc. dated 11/27/95, wh
parcel is more particularly described as Beginning at a point
along the northern right of way line of Dupont Circle at the
southeastern corner of Lot 7, Block 19, Plat of Section "B" of
Ocean Park, and from said Point of Beginning, following the
northern right of way line of an unimproved portion of Dupont
Circle in a southwesterly direction along a curve with a radius
of 400.00o an arc distance of 151.62 feet to a point along the
southern boundary of Lot 8, Block 19, Plat of Section "B" of
Ocean Park; thence turning and proceeding in a southwesterly
direction along a curve with a radius of 150.00o an arc
distance of 52.93 feet to a point; thence turning and
proceeding in a northeasterly direction along the southern
right of way line an unimproved portion of Dupont Circle along
a curve with a radius of 415.00° an arc distance of 81.73 feet
to a point; thence proceeding in a northeasterly direction
along a curve with a radius of 150.00° an arc distance of 18.95
feet to a point; thence proceeding in a northeasterly
direction along a curve with a radius of 15.00° an arc distance
of 9.70 feet to the Point of Beginning.
5629i
- 2 -
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City
Council of the City of Virginia Beach, Virginia, to be held on
the 9th day of January, 1996, at 2:00 p.m., at the City Hall of
the City of Virginia Beach, at Princess Anne, the undersigned
will petition the Council for the appointment of Viewers to
view the below described portion of a certain street and to
report to the City Council whether in the opinion of the
Viewers, what, if any, inconvenience would result from the
vacating, closing and discontinuance of same, the said portion
of said street being described as follows:
SEE ATTACHED EXHIBIT
At that time, anyone affected may appear and be heard.
After the report of the Viewers is received, at the
next regular meeting of the City Council, or as soon thereafter
as the matter may be placed on the agenda, the undersigned will
Petition the City Council to vacate, close and discontinue the
portion of that street in the City of Virginia Beach, Virginia,
described above.
AMERICAN-OCEANIC COATINGS CORPORATION
R. Edward Bourdon, Jr.
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One, The Fifth Floor
Virginia Beach, Virginia 23462-2989
(804) 499-8971
'(KES, C.,IJ:INES, BOURDON
& AHERN, P. C.
ATTORNEYS AT LAW
5629i
- 1 -
YKES, CARNES, BOUROON
& AHERN, P. C.
AT'rORNEYS AT LAW
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
I, R. Edward Bourdon, Jr., attorney for
AMERICAN-OCEANIC COATINGS CORPORATION, being first duly sworn,
deposes and states:
1. That I am an attorney at law and represent
AMERICAN-OCEANIC COATINGS CORPORATION.
2. That on the 1st day of January, 1996, I posted
notice of the application to close that certain 1596.7 square
feet of unimproved excess right of way adjacent to Lots 7 and 8
in Block 19, Plat of Section "B" of Ocean Park on behalf of
AMERICAN-OCEANIC COATINGS CORPORATION, for the appointment of
Viewers, and said Notice was posted at the following location:
(a) COURTHOUSE - Circuit Court of the City of
Virginia Beach, Virginia, Bulletin Board;
(b) The premises to be closed.
3. That on the 15th day of December, 1995 and the
22nd day of December, 1995, the above referenced Notice was
published in the Virginia Beach Sun, a newspaper of general
circulation in the City of Virginia Beach, Virginia as
evidenced by the publisher's affidavit attached hereto.
And further the deponent saith not.
R. Edward Bourdon, Jr.
Subscribed and sworn to before me this
December, 1995.
day of
Notary Public
My Commission Expires: August 31, 1998
5633i
- 1 -
YKES, CARNES. I}OURDON
& AHERN. P. C.
ATTORNEYS AT LAW
EXHIBIT
UNIMPROVED RIGHT OF WAY ADJACENT TO LOTS 7 AND 8,
BLOCK 19, PLAT OF SECTION "B" OF OCEAN PARK
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE BAYSIDE BOROUGH OF VIRGINIA BEACH, VIRGINIA
designated "UNIMPROVED R/W 1596.7 SQ. FT." on that plat
entitled "EXHIBIT 'A' SHOWING PART OF UNIMPROVED RIGHT OF WAY
OF DUPONT CIRCLE TO BE CLOSED AND EXCESS PROPERTY TO BE
ACQUIRED 'OCEAN PARK', Bayside Borough, Virginia Beach,
Virginia", prepared by T.E.S., Inc. dated 11/27/95, which
parcel is more particularly described as Beginning at a point
along the northern right of way line of Dupont Circle at the
southeastern corner of Lot 7, Block 19, Plat of Section "B" of
Ocean Park, and from said Point of Beginning, following the
northern right of way line of an unimproved portion of Dupont
Circle in a southwesterly direction along a curve with a radius
of 400.00° an arc distance of 151.62 feet to a point along the
southern boundary of Lot 8, Block 19, Plat of Section "B" of
Ocean Park; thence turning and proceeding in a southwesterly
direction along a curve with a radius of 150.00° an arc
distance of 52.93 feet to a point; thence turning and
proceeding in a northeasterly direction along the southern
right of way line an unimproved portion of Dupont Circle along
a curve with a radius of 415.00° an arc distance of 81.73 feet
to a point; thence proceeding in a northeasterly direction
along a curve with a radius of 150.00° an arc distance of 18.95
feet to a point; thence proceeding in a northeasterly
direction along a curve with a radius of 15.00" an arc distance
of 9.70 feet to the Point of Beginning.
5633i
- 2 -
JON M, AHERJq
R. EDWARD BOURDON, JR.
THOMAS S. CARNES
JAMES T CROMWELL
LINDA NYE HUSS
KIILK B. LEVY
TODD M. LYNN
JENNIFER D. OKAM-SMITH
JAMES L. PEDIGO, JR.
HOWARD R. SYKES, JR.
SY s, Cam,ms, BotnmoN lk Amm, L P. C.
ATTORNEYS AND COUNSELORS AT LAW
PEMBROKE OFFICE PARK
PEM~ROICE ONE-TI-LE FIFTH FLOOR
VIRGINIA BEACH, VIRGINIA 23462-2989
December 12, 1995
TELEPHONE 499-8971
AR/rr.A CODE 804
FACSIMILE (804) 456-5445
OR 671-1454
I, R. Edward Bourdon, Jr. attorney for
American-Oceanic Coatings Corporation, do hereby certify that:
1. I am an attorney at
American-Oceanic Coatings Corporation.
law and represent
2. That based upon my examination of title, it is my
opinion that if the portion of the street sought to be closed
is discontinued, closed and vacated by the Council of the City
of Virginia Beach, Virginia, then title to said street will
vest in the City of Virginia Beach, Virginia, a municipal
corporation, subject to the rights of the abutting property
owner.
3. The portion of street to be closed, referred to
herein is described as follows:
UNIMPROVED RIGHT OF WAY ADJACENT TO LOTS 7 AND 8,
BLOCK 19, PLAT OF SECTION "B" OF OCEAN PARK
ALL THAT CERTAIN PIECE OR PARCEL OF LAND
SITUATE, LYING AND BEING IN THE BAYSIDE BOROUGH
OF VIRGINIA BEACH, VIRGINIA designated
'UNIMPROVED R/W 1596.7 SQ. FT.' on that plat
entitled 'EXHIBIT 'A' SHOWING PART OF
UNIMPROVED RIGHT OF WAY OF DUPONT CIRCLE TO BE
CLOSED AND EXCESS PROPERTY TO BE ACQUIRED
'OCEAN PARK', Bayside Borough, Virginia Beach,
Virginia', prepared by T.E.S., Inc. dated
11/27/95, which parcel is more particularly
described as Beginning at a point along the
northern right of way line of Dupont Circle at
the southeastern corner of Lot 7, Block 19,
Plat of Section "B' of Ocean Park, and from
said Point of Beginning, following the northern
right of way line of an unimproved portion of
Dupont Circle in a southwesterly direction
along a curve with a radius of 400.00° an arc
distance of 151.62 feet to a point along the
southern boundary of Lot 8, Block 19, Plat of
Section 'B' of Ocean Park; thence turning and
SYKES, CARNES, BOURDON & AHERN, ~. C.
December 12, 1995
Page 2
proceeding in a southwesterly direction along a
curve with a radius of 150.00° an arc distance
of 52.93 feet to a point; thence turning and
proceeding in a northeasterly direction along
the southern right of way line an unimproved
portion of Dupont Circle along a curve with a
radius of 415.00" an arc distance of 81.73 feet
to a point; thence proceeding in a
northeasterly direction along a curve with a
radius of 150.00° an arc distance of 18.95 feet
to a point; thence proceeding in a
northeasterly direction along a curve with a
radius of 15.00° an arc distance of 9.70 feet
to the Point of Beginning.
SYKES, CARNES, BOURDON & AHERN, P.C.
R. Edward Bourdon, Jr.
5628i
.~YKES, CARNES, BOURDON
& AHERN, E C.
ATTORNEYS AT LAW
PETITION
TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, AMERICAN-OCEANIC COATINGS CORPORATION
respectfully represents as follows:
1. That pursuant to the provisions of Section
15.1-364 of the 1950 Code of Virginia, as amended, the
petitioner applies for the vacating, closing, and
discontinuance of a portion of that certain platted street,
which is more specifically described as follows:
SEE ATTACHED EXHIBIT "A"
Said parcel of land being a portion of excess, unimproved right
of way adjacent to Lots 7 and 8, Block 19, Plat of Section "B"
of Ocean Park, as indicated on that certain plat entitled,
"Exhibit 'A' Showing Part of Unimproved Right of Way of Dupont
Circle to be Closed and Excess Property to be Acquired 'OCEAN
PARK', Bayside Borough, Virginia Beach, Virginia', which plat
is attached hereto and made a part hereof and intended to be
recorded with the Ordinance closing the afore described street.
2. That no inconvenience will result to any persons
by reason of said closing, vacation, and discontinuance of said
street; and the petitioner prays that this Honorable Council
appoint viewers as provided by law to view said platted street
proposed to be closed and to report in writing to the Council
on or before the 9th day of January, 1996, as to whether in the
opinion of said Viewers, what inconvenience, if any, would
result from the discontinuance and closing of this portion of
said street, as herein reported and described.
3. That on the 1st day of January, 1996, Notice of
the presenting of this Application was posted at the Courthouse
of the Circuit Court of the City of Virginia Beach, Virginia,
and by sign in accordance with Section 33-111.1 of the Code of
the City of Virginia Beach on the premises to be closed, as
- 1 -
SYKES, CARNES, BOURDON
& AHERN, P, C,
ATTORNEYS AT LAW
evidenced by the Affidavit attached hereto, and a copy of said
Notice.
4. That the Petitioner is the owner in fee simple of
all land along and adjacent to the said portion of the platted
street to be closed.
Respectfully submitted,
AMERICAN-OCEANIC COATINGS CORPO~TION
Of Counsel
R. Edward Bourdon, Jr., Esquire
SYKES, CARNES, BOURDON & AHERN, P.C.
Pembroke One - Fifth Floor
Virginia Beach, Virginia 23462
(804) 499-8971
5630i
- 2 -
SYKES, CARNES, BOUROON
& AHERN, R C.
AT'FORNEYS AT LAW
EXHIBIT "A"
UNIMPROVED RIGHT OF WAY ADJACENT TO LOTS 7 AND 8,
BLOCK 19, PLAT OF SECTION "B" OF OCEAN PARK
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE BAYSIDE BOROUGH OF VIRGINIA BEACH, VIRGINIA
designated "UNIMPROVED R/W 1596.7 SQ. FT." on that plat
entitled "EXHIBIT 'A' SHOWING PART OF UNIMPROVED RIGHT OF WAY
OF DUPONT CIRCLE TO BE CLOSED AND EXCESS PROPERTY TO BE
ACQUIRED 'OCEAN PARK', Bayside Borough, Virginia Beach,
Virginia", prepared by T.E.S., Inc. dated 11/27/95, which
parcel is more particularly described as Beginning at a point
along the northern right of way line of Dupont Circle at the
southeastern corner of Lot 7, Block 19, Plat of Section "B" of
Ocean Park, and from said Point of Beginning, following the
northern right of way line of an unimproved portion of Dupont
Circle in a southwesterly direction along a curve with a radius
of 400.00° an arc distance of 151.62 feet to a point along the
southern boundary of Lot 8, Block 19, Plat of Section "B" of
Ocean Park; thence turning and proceeding in a southwesterly
direction along a curve with a radius of 150.00° an arc
distance of 52.93 feet to a point; thence turning and
proceeding in a northeasterly direction along the southern
right of way line an unimproved portion of Dupont Circle along
a curve with a radius of 415.00~ an arc distance of 81.73 feet
to a point; thence proceeding in a northeasterly direction
along a curve with a radius of 150.00" an arc distance of 18.95
feet to a point; thence proceeding in a northeasterly
direction along a curve with a radius of 15.00" an arc distance
of 9.70 feet to the Point of Beginning.
5630i
- 3 -
SYKES, CARNES, BOURDON
& AHERN. R C.
ATTORNEYS AT LAW
EXHIBIT 'A'
UNIMPROVED RIGHT OF WAY ADJACENT TO IX)TS 7 AND 8,
BLOCK 19, PLAT OF SECTION "B" OF OCEAN PA]~K
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE BAYSIDE BOROUGH OF VIRGINIA BEACH, VIRGINIA
designated "UNIMPROVED R/W 1596.7 SQ. FT." on that plat
entitled "EXHIBIT °A' SHOWING PART OF UNIMPROVED RIGHT OF WAY
OF DUPONT CIRCLE TO BE CLOSED AND EXCESS PROPERTY TO BE
ACQUIRED 'OCEAN PARK', Bayside Borough, Virginia Beach,
Virginia", prepared by T.E.S., Inc. dated 11/27/95, which
parcel is more particularly described as Beginning at a point
along the northern right of way line of Dupont Circle at the
southeastern corner of Lot 7, Block 19, Plat of Section "B" of
Ocean Park, and from said Point of Beginning, following the
northern right of way line of an unimproved portion of Dupont
Circle in a southwesterly direction along a curve with a radius
of 400.00° an arc distance of 151.62 feet to a point along the
southern boundary of Lot 8, Block 19, Plat of Section "B" of
Ocean Park; thence turning and proceeding in a southwesterly
direction along a curve with a radius of 150.00° an arc
distance of 52.93 feet to a point; thence turning and
proceeding in a northeasterly direction along the southern
right of way line an unimproved portion of Dupont Circle along
a curve with a radius of 415.00° an arc distance of 81.73 feet
to a point; thence proceeding in a northeasterly direction
along a curve with a radius of 150.00° an arc distance of 18.95
feet to a point; thence proceeding in a northeasterly
direction along a curve, with a radius of 15.00° an arc distance
of 9.70 feet to the Point of Beginning.
5631i
- 2 -
SYKES, CARNES, BOURDON
& AHERN, P. C.
ATTORNEYS AT LAW
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF UNIMPROVED
EXCESS RIGHT OF WAY ADJACENT TO LOTS 7 AND
8, BLOCK 19, PLAT OF SECTION "B" OF OCEAN
PARK, AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "EXHIBIT 'A' SHOWING PART OF
UNIMPROVED RIGHT OF WAY OF DUPONT CIRCLE TO
BE CLOSED AND EXCESS PROPERTY TO BE
ACQUIRED 'OCEAN PARK', Bayside Borough,
Virginia Beach, Virginia".
WHEREAS, it appearing by affidavit that proper notice
has been given by AMERICAN-OCEANIC COATINGS CORPORATION, that
they would make application to the Council of the City of
Virginia Beach, Virginia, on January 9, 1996, to have a portion
of the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that the
portion of said street be discontinued, closed, and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
SEE ATTACHED EX}{IBIT "A"
Said parcel of land being a portion of excess right-of-way
adjacent to Lots 7 and 8, Block 19, Plat of Section "B" of
Ocean Park as indicated on that certain street closure plat of
property to be vacated adjoining and adjacent to the properties
of the Petitioner located in the Bayside Borough, Virginia
Beach, Virginia, which plat is to be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach,
Virginia, upon adoption of this ordinance, and which is made a
part hereof by reference.
- 1 -
SYKES, CARNES, BOURDON
&AHERN, E C.
ATTORNEYS ATLAW
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor.
GPIN NOS.: 1489-49-5444 1489-49-5494
SECTION III
This Ordinance shall be effective one-hundred and
eight (180) days from the date of its adoption.
SECTION IV
Adopted:
5632i
- 2 -
,YKES, CARNES. BOURDON
& AHERN, R C.
ATTORNEYS AT LAW
EXHIBIT
UNIMPROVED RIGHT OF WAY ADJACENT TO LOTS 7 AND 8,
BLOCK 19, PLAT OF SECTION "B" OF OCEAN PARK
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE BAYSIDE BOROUGH OF VIRGINIA BEACH, VIRGINIA
designated 'UNIMPROVED R/W 1596.7 SQ. FT." on that plat
entitled "EXHIBIT 'A' SHOWING PART OF UNIMPROVED RIGHT OF WAY
OF DUPONT CIRCLE TO BE CLOSED AND EXCESS PROPERTY TO BE
ACQUIRED 'OCEAN PARK', Bayside Borough, Virginia Beach,
Virginia", prepared by T.E.S., Inc. dated 11/27/95, which
parcel is more particularly described as Beginning at a point
along the northern right of way line of Dupont Circle at the
southeastern corner of Lot 7, Block 19, Plat of Section 'B" of
Ocean Park, and from said Point of Beginning, following the
northern right of way line of an unimproved portion of Dupont
Circle in a southwesterly direction along a curve with a radius
of 400.00° an arc distance of 151.62 feet to a point along the
southern boundary of Lot 8, Block 19, Plat of Section "B' of
Ocean Park; thence turning and proceeding in a southwesterly
direction along a curve with a radius of 150.00° an arc
distance of 52.93 feet to a point; thence turning and
proceeding in a northeasterly direction along the southern
right of way line an unimproved portion of Dupont Circle along
a curve with a radius of 415.00° an arc distance of 81.73 feet
to a point; thence proceeding in a northeasterly direction
along a curve with a radius of 150.00- an arc distance of 18.95
feet to a point; thence proceeding in a northeasterly
direction along a curve with a radius of 15.00" an arc distance
of 9.70 feet to the Point of Beginning.
5632i
- 3 -
(,MB 5 PG 1.37)
z
-hO. ~DIU$
1 150.00'~-
, ~-
2 15o.oo ~
3 21.00"
4 150.00'
5 150.00'
6 15.00'
7 400.00':~
8 415.00'
ARC
52.93'
39.54
44.45'
29.43'
'18.95'
9.70'
51.62'
81.73'
N O0 '55'12" E*-"'"
LOT 8
G.P.I.N.
1489-49-5444
LOT 7
G.P.I.N.
1489-49-5494
CURVE TABLE
DELTA TANGENT CHORD i
-~'0 ' 13'05" 26.74' 52.66') 5-76 '~2'58" E
15'06'07" 19.88; 59.42' S59'13'35"E
121 '16'11" 37.52' 36,60' N75'O9'O7"E
7 ' 14'18" 9,49' 18,94' N 50 '38'50" E
37 ' 02'37" 5.03' 9.53' N 52 ' 05'33" E
21 '43'02" 76.73' 150.71~ S7~'17'44;;W
950600
EXHIBIT "A"
SHOWING PART or UNIMPROVED RIGHT OF WAY
OF I)UPONT CIRCLE TO BE CLOSED
AND EXCESS PROPERTY TO BE AQUlRED
"OCEAN PARK"
BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA
PREPARED BY
TECHNICAL AND ENVIRONMENTAL SERVICES
SURVEYING DIVISION
5625 PROVIDENCE ROAD
VA. BEACH VIRGINIA 23464
(804) 420-4462
FAA (804) 420-4465
The Virginia Beach Sun
affidavit
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
to wit:
This day Andrea Greene
personally appeared before me
and after being duly sworn made
oath:
(1) (He) (She) is affidavit clerk of
a newspaper published by Byedy
Publications, in the city of Virginia
Beach, State of Virginia;
(2) That the advertisement
hereto annexed of
~. _~dward Bourd~n, J.-..
has been published, in said
newspaper on the following
dates: 12-15-9~5
12-22-95
Subscribed and sworn to before
me in my city and state aforesaid
this 22nd dayof December
19 95
My commission expires
/ Jun,e30 /'} F 19 99
Notary P~
138 South Rosemont Road, Suite 209
Virginia Beach, VA 23452 ~ PUB ' -' -
~iCE -'~-
PLEASE ....
oil of ~o Ci~ of V~ B~h,
-d~y of ']anu~y, ~, at 2:00
of V~inia Beach, az
~ion ~o Council f~ ~o
mcnt of Viewers to
below descried P~tion of a
ce~in s~t ~d ~. reda
City Council whether
~pinion of ~e Vlewe~,
any, ~convenience would ~t
from ~e vaca~ng, closing ~d
,~ on o~ ~id s~ ~ing de- [
~d~ ~ follows:
~ E~"A- .
~IMPROVED RIGHT OF
WAY AD]A~ TO ~TS 7
~ 8..B~K 19, PEAT
SECTION ,,~- OF OCE~
P~K ~L ~AT ~T~
P~ OR P~C~ OF
SI~A~, L~O ~ BErG
~ T~ BAYSIDE BOROUO~
~ON VIRGI~A BEACH, V~
~G~A designa~ '~RO.
~D ~ I~.7 SQ. ~
plai eniideg "EXHIBIT A
SHOWING P~T ON ~IM~
PROVED RIG~ OF WAY O~
DUPONT CIRCLE TO BE
C~SED ~ EXCESS PRO-'
PERTY TO BE ACQUIRED
'~EAN P~K,'-Bayside Bor-
~ough, Vkg~ B~h, V~,-
prep~ by T.E.S., Inc.
I 1~7~, which P~I ~ mo~
p~icul~ly d~c~ ~ ~gin.
~gh~ of way ~ of Du~i C~le
~i ~e ~u~iem corner of
~7. Bilk 19, PI~ ~ ~g~
Po~i of Beaning. ~o~o~
no~ gShi of wa~ li~ 'of
Item III-L. 3.
RECESS INTO
EXECUTIVE SESSION
ITEM # 40275
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:
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly-heM property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(./1)(3).
To- Wit: Burton Station
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION (2:30 P.M.).
Voting: 9-0
Council Members F'oting Aye:
John ./1. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members l~oting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and HaroM Heischober
January 9, 1996
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACil CITY COUNCIl.,
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40275, Page No. 22 and in accordance with
thc provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by thc
governing body that such Executive Session was conduclcd ill confinmity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfull), 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, dis~:ussed or
considered by Virginia Beach City Council.
R th Hodgcs ~mith, CMC/AAE
City Clerk
January9, 1996
ITEM # 40276
Vice Mayor William D. Sessoms, Jr., RECONVENED the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 9, 1996, at 3:10 P.M.
Council Members Present:
John A. Baum, William IV.. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Nancy 32 Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Linwood O. Branch, III, Robert 32 Dean, and Harold Heischober, Mayor
Meyera E. Oberndorf and Louisa M. Strayhorn
January 9, 1996
- 24 -
Item III-L. 4.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 40277
Upon motion by Councilman Baum, seconded by Councilman Harrison, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 6-0
Council Members Voting Aye:
John A. Baurn, William W. Harrison, Jr., Barbara M. Henley, Louis R.
Jones, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members ~lbsent:
Linwood O. Branch, III, Robert I~ Dean, and Harold Heischober, Mayor
Meyera E. Oberndorf and Louisa M. Strayhorn
January 9, 1996
Item III-M.
PUBLIC HEARING ITEM # 40278
PLANNING
Vice Mayor Sessoms DECLARED a PUBLIC HEARING on:
PLANNING
1. BAY PROPERTIES
2. R. LEWIS BOGGS
3. ELVIN RAY AND HESTER L. WATERFIELD
4. MICHAEL AND PATRICIA NELSON
5. ULTIMATE COUNTRY CLUB, LLC
6. KEMPSVILLE CONSERVATIVE SYNAGOGUE
7. STALLINGS OIL COMPANY
8. THOMAS W. WILKINSON
9. CITY ZONING ORDINANCE
10.IAI-IN W. /.ND LESLIE T. SUMMS
II.VIRGINIA BEACH INVESTMENT COMPANY
12,IASON B. COWAN
13. THE FRANCISCUS COMP/NY, INC.
14.CITY OF VIRGINIA BEACH
CITY CODE AMENDMENTS
CITY ZONING ORDINANCE AMENDMENTS
FLOODPLAIN REGULATIONS
STREET CLOSURE
STREET CLOSURE
VARIANCE
VARIANCE
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
BED AND BREAKFAST INNS
Article 2, ADD Section 225.1
Article 13
Sections Ill and 232.1
CONDITIONAL USE PERMIT
CHANGE OF ZONING
CHANGE OF ZONING
AMENDMENT / GREEN RUN
LAND USE PLAN
Article II, Chapter 30
re Borrow Pits
Chapter 33~Section 23-114.3
re B-3A Pembroke Central
Business Core District
Sections 111 and 227
re Borrow Pits
Sections 501 and 601
re fish ponds and hatcheries
CZO 238, 240 and 1200
thru 1206
Subdivision Ordinance
Section 6.1
Site Plan Ordinance
Section 5B
January 9, 1996
Item III-M.
PUBLIC HEARING ITEM # 40279
PLANNING
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council APPROVED in
one motion Items 1, 3, 4, 5, ~ 9, 10, 12, and 13 of PLANNING BY CONSENT.
Item III-M. 1 was ,4LLOWED AN ADDITIONAL 180-DAY DEFERRAL BY CONSENT
Item III-M. 13 was DEFERRED INDEFINITELY BY CONSENT.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis tZ Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
Mayor Oberndorf DISCLOSED re application of The Franciscus Company, Inc., pursuant to Section
2.1-639.14(G) of the Code of Virginia, she is a member of the Board of Directors of Tidewater Health
Care, Inc. However, she does not receive any salary or other compensation from Tidewater Health Care,
Inc. The property which is the subject of the application of The Franciscus Company, Inc., is owned by
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc.
Mayor Oberndorf declared she was able to participate in the transaction fairly, objectively and in the
public interest. Mayor Oberndorfs letter of January 9, 1996, is hereby made apart of the record.
Vice Mayor Sessoms DISCLOSED re application of The Franciscus Company, Inc., pursuant to Section
2.1-639.14(G) of the Code of Virginia, he is a member of the Board of Directors of Tidewater Health
Care, Inc. However, he does not receive any salary or other compensation from Tidewater Health Care,
Inc. The proeprty which is the subject of the application of The Franciscus Company, Inc., is owned by
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc. Vice
Mayor Sessoms declared he was able to participate in the transaction fairly, objectively and in the public
interest. Vice Mayor Sessoms' letter of January 9, 1996, is hereby made apart of the record.
Council Lady Henley DISCLOSED re application of The Franciscus Company, Inc., pursuant to Section
2.1-639.14(G) of the Code of Virginia, she is a member of the Board of Directors of Tidewater Health
Care, Inc. However, she does not receive any salary or other compensation from Tidewater Health Care,
Inc. The property which is the subject of the application of The Franciscus Company, Inc., is owned by
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc.
Council Lady Henley declared she was able to participate in the transaction fairly, objectively and in the
public interest. Council Lady Henley's letter of January 9, 1996, is hereby made apart of the record.
January 9, 1996
- 27 -
Item III-M. 1.
PUBLIC HEARING
ITEM # 40280
PLANNING
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ALLOWED
ADDITIONAL 180-DAY DEFERRAL (July 9, 1996): Petition of BAY PROPERTIES for the
discontinuance, closure and abandonment of a portion of Reliance Drive.
Petition of Bay Properties for the discontinuance, closure and
abandonment of a portion of Reliance Drive beginning at a point 505. 74
feet west of International Parkway and running in a westerly direction a
distance of 555 feet more or less. Said parcel contains 35,817 square
feet. PRINCESS ANNE BOROUGH.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William FK. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker,
Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
Item III-M.Z
P~BLIC ~NG
ITEM # 40281
PLANNING
Attorney Charles Salle; 192 Ballard Court, Phone: 490-3000
Upon motion by Vice Mayor Sessoms, seconded by Council Ixtdy Strayhorn, City Council APPROVED
the Petitions of R. LEWIS BOGGS for the discontinuance, closure and abandonment of the following
(I/IRGINL4 BEACH BOROUGH):
Portion of ~ beginning at a point 300 feet South of Laskin
Road and running in a Southwesterly direction along the Eastern
property line a distance of 842.52 feet more or less to the Western
boundary of Holly Road, containing 1.131 acres
Parcel I: Alleyway located between 29th and 30th Streets beginning at
the Western boundary of Arctic Avenue and running in a Westerly
direction to the Eastern boundary of Holly Road
Parcel2: Alleyway located 140.15 feet North of 27~ ~reet beginning
at the Eastern boundary of Holly Road and running 49.93 feet in an
Easterly direction (Parcels I and 2 contain 6086.45 square feeO.
The following conditions shall be required:
The City Attorney's Office shah make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures'; approved by City Council.
Copies of the policy are available in the Planning Department.
The value of the area to be dedicated for relocated Baltic
Avenue shall be deducted from the purchase price.
2.
The applicant is required to resubdivide the property and
vacate internal lot lines to incorporate the closed area into the
adjoining parcel.
An easement, satisfactory to HRSD, is required over the
existing facilities within Parcel 1. Please contact Steve
Richendollar, HRSD Real Estate Agent at 460-2261.
The applicant is responsible for determining if any private
utilities are located within the area proposed for closure and
working with the private utility companies to provide any
necessary easements.
The applicant will work with the Department of Public Utilities
to locate the force main which appears to be located within the
portion of Baltic Avenue proposed for closure. If located
within the right-of-way proposed for closure, the applicant
shah accommodate this force main to the satisfaction of Public
Utilities through easements or relocation.
6.
An acceptable schedule for dedication and construction of
relocated Baltic Avenue shall be submitted. During the
construction of relocated Baltic Avenue, provisions shah be
made to accommodate through traffic at aH times.
January 9, 1996
- 29 -
PUBLIC HEARING
ITEM # 40281 (Continued)
PLANNING
7.
Prior to final street closure approval by City Counci~ an
agreement shall be finalized between the developer and the
City. The agreement will specify a schedule of improvements
and agreed upon participation by the City regarding all aspects
of the projecg including reconstruction of Baltic Avenue.
Closure of the rights-of-way shall be contingent upon
compliance with the above-stated conditions within 180 days
of the approval by City Council (July 9, 1996).
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, V~ce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
Councilman Harrison ABSTAINED as he represents Mr. Boggs on certain legal matters.
January 9, 1996
Item III-M. 3.
PUBLIC HEARING
ITEM # 40282
PLANNING
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council APPROVED the
Application of ELVIN RAY and HESTER L. WATERFIELD for a Variance to Section 4.4(b) of the
Subdivision Ordinance which requires all lots created by subdivision meet lot width requirements of the
City Zoning Ordinance.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Elvin Ray &
Hester L. WaterfieM. Property is located at 2037 Munden Point Road.
PUNGO BOROUGH.
Voting:
9-0 (By ConsenO
Council Members Voting .dye:
John .d. Baum, Robert I~ Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy I~ Parker,
Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members .dbsent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
- 31 -
Item III-M. 4.
PUBLIC HEARING
ITEM # 40283
PLANNING
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council APPROVED the
Application of MICHAEL AND PATRICL4 NELSON for a Variance to Section 4.4Co) of the Subdivision
Ordinance which requires all lots created by subdivision meet lot width requirements of the City Zoning
Ordinance.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Michael &
Patricia Nelson. Property is located at 2741 West Landing Road.
PRINCESS ANNE BOROUGH.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John ,4. Baton, Robert K. Dean, William W. Harrison, Jr., Barbara 3/1.
Henley, Louis 1~ Jones, Mayor Meyera E. Oberndoff, Nancy I~ Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members ,4bsent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
Item III-M.$.
PUBLIC HEARING
ITEM # 40284
PLANNING
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of the ULTIMATE COUNTRY CLUB for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THE ULTIMATE COUNTRY
CLUB, LLC. FOR A CONDITIONAL USE PERMIT FOR AN INDOOR
RECREATIONAL FACILITY R01962006
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ultimate Country Club, LLC. for a
Conditional Use Permit for an indoor recreational facility on the north
side of Virginia Beach Boulevard, east of Newtown Road. Said parcel is
located at 5600 Virginia Beach Boulevard, #101, #102 & #103, and
contains 3.5 acres. BAYSIDE BOROUGH.
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 Ninth o_f Janua~_. Nineteen
Hundred and Nine~. -Six.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Robert IC Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis P~ Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
Item III-M. 6,
PUBLIC HEARING
ITEM # 40285
PLANNING
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an
Application of KEMPSVILLE CONSERVATIVE SYNAGOGUE for a Conditional Use Permit for a chiM
care center in a religious facil#y:
ORDINANCE UPON APPLICATION OF KEMPSVILLE CONSERVATIVE
SYNAGOGUE FOR A CONDITIONAL USE PERMIT FOR A CHILD
CARE CENTER IN A RELIGIOUS FACILITY R01962007
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Kemspville Conservative Synagogue for
a Conditional Use Permit for a child care center in a religious facility on
certain property located at the northern terminus of Indian Lakes
Boulevard. Said parcel is located at 952 Indian Lakes Boulevard and
contains 3.658 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A maximum of 100 children may be cared for at this site.
2. Hours of operation shall be limited to Monday through Friday,
6 AM to 6 PM.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of Janua~_. Nineteen
Hundred and Nine~_ -Six.
Voting:
9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William F~. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker,
Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
- 34 -
Item III-M. 7.
PUBLIC HEARING
ITEM # 40286
PLANNING
The following spoke in SUPPORT of the application:
Attorney t~ Edward Bourdon, Jr., Pembroke One, Fifth Floor, Phone: 499-8971, represented the
applicant
Robert Beaman, Executive Vice President - Stallings Oil Company
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
Maxine Graham, 3057 South Sandpiper Road, Phone: 721-3000
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of STALLINGS OIL COMPANY for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF STALLINGS OIL COMPANY
FOR A CONDITIONAL USE PERMIT FOR GASOLINE PUMPS IN
CONJUNCTION WITH .4 CONVENIENCE STORE R01962008
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Stallings Oil Company for a Conditional
Use Permit for gasoline pumps in conjunction with a convenience store
and a car wash on certain property located at the southeast corner of
Dam Neck Road and General Booth Boulevard. Said parcel contains
1.556 acres. PRINCESS ANNE BOROUGH.
The following conditions shah be required:
Colors of the facility shah be as shown on the submitted
rendering. The architectural rendering shall be substantially
adhered to.
2. Neon signage will be permitted only on the front of the
building, at the top.
The electronic drive-through order board will be turned off at
11 PM, throughout the year. Drive-through orders may be
taken verbally at the window until 11:00 PM (November 1 thru
April 30) and 1 AM (May 1 thru October 30).
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth o_f Janua~.. Nineteen
Hundred and Nine~_ -Six.
January 9, 1996
PUBLIC HEARING
ITEM # 40286 (Continued)
PLANNING
Voting: 8-0
Council Members Voting Aye:
John A. Baum, Robert I~ Dean, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
Councilman Harrison ABSTAINED as his law firm represents the applicant, F. Wayne McLeskey, on
certain matters.
January 9, 1996
- 36 -
Item III-M.8.
PUBLIC HEARING
ITEM # 40287
PLANNING
Attorney Donald H. Clark, Clark and Stang represented Lowe's Companies.
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of THOMAS H. WILKINSON for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF THOMAS H. WILKINSON FOR
A CONDITIONAL USE PERMIT FOR BULK STORAGE R01962009
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&'nance upon application of Thomas H. Wilkinson for a Conditional
Use Permit for bulk storage on the south side of Holland Road, east of
Rosemont Road. Said parcel is located at 3565 Holland Road and
contains 19 acres. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
The 12,000 square-foot area, depicted on the submitted &'te
Plan dated 10-1-95, planned for use as a temporary bulk
storage area, shall be used exclusively for greenhouse products
and landscape materials.
2. The conditional use permit is approved for a period of one (1)
year.
3. Landscape screening shall be provided along the Rosemont
Road right-of-way, in accordance with the following:
ao
Within the area lying South of the Rosemont Road access drive,
add a second planting bed five (5) feet from the edge of the
existing landscaping bed, to be planted with Southern Wax
Myrtles, 3.5 to 4 feet at planting and spaced no more than five
(5) feet on center. Plants in both the existing and new planting
beds shall remain unsheared, in order to provide maximum
screening effect.
Extend the landscape screening as described in Paragraph 4(a),
above, following the existing curb line to the East for a
distance of 120 feet.
In order to avoid the required Category VI Landscaping for
bulk storage facilities, the applicant shall petition the Board of
Zoning Appeals for a variance.
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 Ninth of January. Nineteen
Hundred and Nine~_ -$ix.
January 9, 1996
- 37 -
Item III-M.8,
PUBLIC IIEARING
ITEM # 40287 (Continued)
PLANNING
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
Item III-M. 9.
PUBLIC HEARING
ITEM # 40288
PI~.NNING
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED:
Application of the City of Virginia Beach re Amendments to the City
Zoning Ordinance re Bed and Breakfast Inns:
Article 2, ADD Section 225.1 re number of permitted lodging rooms, accessory uses,
parking and sign requirements; and, outline of information to be submitted with the
conditional use permit request.
Article 13 re light commercial uses within the Historic and Cultural District, e.g., Bed
and Breakfast Inns, Antique Sales, Art Galleries and Specialty Shops.
Sections 111 and 232.1 re definition of "Bed and Breakfast Inns".
Voting:
9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Robert IC Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker,
Vice Mayor William D. Sessorns, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
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AN ORDINANCE TO ADD A NEW SECTION 225.1 TO THE
CITY ZONING ORDINANCE, PERTAINING TO
CONDITIONAL USE PERMITS FOR BED AND BREAKFAST
INNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Zoning Ordinance of the City of Virginia
Beach be, and hereby is, amended and reordained by the addition of
a new Section 225.1, pertaining to conditional use permits for bed
and breakfast inns, to read as follows:
Sec. 225.1. Bed and breakfast inns.
In addition to general requirements, bed and breakfast
inns shall be subject to the following requirements, which shall be
deemed to be conditions of the conditional use permit:
(a) No more than ten (10) lodging units may be provided,
and no such units shall have direct ingress or egress to the
outside of the buildinq. Livinq quarters for the owner or manager
of the inn may be provided in addition to lodging units.
(b) Antiques may be sold at retail as an accessory use,
provided that such sales are conducted from within the same
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building in which the lodging units are located and that no more
than twenty (20) per cent of the total floor area of the building
shall be used in the conduct of such sales.
(c) Food and beverages may be served only if expressly
permitted by the conditional use permit, and in no event shall
seating capacity exceed twenty-five (25) persons, including lodging
guests.
(d) Notwithstanding any contrary provision of this
ordinance, signage shall be limited to one identification sign not
exceeding nine (9) square feet per face, and may be displayed only
upon a finding by the Historic and Cultural Review Board that the
proposed signage is appropriate to the character and appearance of
the district.
(e) At least one (1) vehicular parking space per lodging
unit shall be provided on the site. Additional parking capacity
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may be required by the City Council if food service serving
capacity exceeds the number of lodging.
(f) The following plans shall be submitted with the
application for conditional use permit:
1. A floor plan delineating, at a minimum, the
total floor area of the building, the number
and dimensions of lodging units, the location
and dimensions of areas to be used for food
service and antique sales, if applicable, and
the location of all entrances and exits; and
2. A plan delineating the location, dimensions,
colors, materials and illumination of proposed
signage.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of January , 1996.
CA-95-6147
wmm\ordres\45-225-1.pro
R-1
December 1, 1995
APPROVED AS TO CONTENT
APPROVED AS TO L'E~AL . //
S CY,~ ·
D~pa~'n~"o [ Law o' ' · I -
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AN ORDINANCE TO ADD A NEW SECTION 1305 TO THE
CITY ZONING ORDINANCE, PERTAINING TO
CONDITIONAL USES IN THE HISTORIC AND CULTURAL
DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Zoning Ordinance of the City of Virginia
Beach be, and hereby is, amended and reordained by the addition of
a new Section 1305, pertaining to conditional uses in the Historic
and Cultural District, to read as follows:
Sec. 1305. Conditional uses.
In order to promote the preservation of historic
structures, the following uses shall be permitted within the
Historic and Cultural District, reqardless of the underlyinq zoning
district classification, if authorized by a conditional use permit.
A conditional use permit may be granted only if the City Council
finds that the operation of the use will not produce adverse
impacts, such as excess traffic, noise or on-street parking demand,
upon the surrounding area:
(1) Bed and breakfast inns;
(2) Antique shops;
(3) Museums and art qalleries; and
(4) Specialty shops.
No conditional use permit shall be required for any such usa
allowed as a principal use in the zoninq district underlyinq the
Historic and Cultural District unless living quarters are provided.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of 3anUary 1996
CA-95-6163
wmm\ordres\45-1305.pro
R-1
December 1, 1995
APPROVED AS TO CONTENT
~la~nning /
APPROVED AS TO LEGAL
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AN ORDINANCE TO AMEND SECTION 111 OF THE CITY
ZONING ORDINANCE BY ADDING A DEFINITION OF BED
AND BREAKFAST INNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 111 of the City Zoning Ordinance of the City
of Virginia Beach be, and hereby is, amended and reordained by the
addition of a definition of bed and breakfast inns, to read as
follows:
Sec. 111. Definitions.
Bed and breakfast inn. A buildinq within an Historic and
Cultural District in which not more than ten (10) rooms ara
provided for lodqinq transients, for compensation, on daily or
weekly terms, with or without board.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of January 1996
, ·
CA-95-6146
wmm\ordres\45-111B.pro
R-1
December 1, 1995
~6~gO,~VED AS TO CONTENT
APPROVED AS TO LEGAL //
S IE Y
D~/m~'nt ~£ L~w I I -
Item III-M. IO.
PUBLIC HEARING
ITEM # 40289
PLANNING
Upon motion by Councilman Jones, seconded by Council l_xtdy Strayhorn, City Council ADOPTED
Ordinance upon application of JAtlN W. and LESLIE T. SUMMS for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JAHN W. AND LESLIE T.
SUMMS FOR A CONDITIONAL USE PERMIT FOR A BED AND
BRFMKFAST INN R01962010
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Jahn W. and Leslie T. Summs for a
Conditional Use Permit for a Bed and Breakfast Inn at the southwest
corner of Church Point Road and Meeting House Road. Said parcel is
located at 4001 Church Point Road and contains 2. 7 acres. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. Food service is limited to a maximum seating capacity of 25 at
any time.
2. A maximum of ten (10) lodging rooms may be rented at any
given time.
3. The carriage house area must be rezoned to Historic and
Cultural District.
The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth o_f January. Nineteen
Hundred and Nine~. -Six.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Robert IC Dean, William gE. Harrison, Jr., Barbara M.
Henley, Louis t~ Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members l~'oting Nay:
None
Council Members Absent:
Linwood O. Branch, Ill, and Harold Heischober
January 9, 1996
Item III-M. 11,
PUBLIC HEARING
ITEM # 40290
PLANNING
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 624-3059, represented the applicant and presented
plans of the apartment project (Jamestown Commons, primarily serving residents 55 years of age and
oPer) o
Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessorns, City Council ADOPTED an
Ordinance upon application of VIRGINIA BEACH INVESTMENT COMPANY for a Conditional
Change of Zoning:
ORDINANCE UPON APPLICATION OF VIRGINIA BE~ICH
INVESTMENT COMPANY FOR A CONDITIONAL CHANGE OF
ZONING DISTRICT CL4SSIFICATION FROM B-2 TO A-24
Z01961479
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Virginia Beach Investment Company for
a Conditional Change of Zoning District Classification from B-2
Community Business District to Conditional A-24 Apartment District on
the west side of College Park Boulevard, 245 feet north of Auburn Drive.
The proposed zoning classification change to A-24 is for multtfamily
land use at a density no greater than 24 dwelling units per acre. The
Comprehensive Plan recommends use of this parcel for office use in
accordance with other Plan policies. Said parcel contains 11.13 acres.
KEMPSVILLE BOROUGH.
The following condition shah be required
1. An Agreement encompassing proffers shah be recorded with the
Clerk of Circuit Court.
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 Ninth o_f January. Nineteen
Hundred and Nine~_ -Six.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W.. Harrison, Jr., Barbara M.
Henley, Louis R, Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
Iro~m HO. P.S. tO
City o£ ¥ir'~inia Beach
Reply Refer To Our F~ No. DF-95-3992
DATE: December 27, 1995
TO:
FROM:
RE:
Leslie L Lilley
William M. Macali
Conditional Zoning Application
Virginia Beach Investment Company
DEPT: City Attorney
DEPT: City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on January 9, 1996. I have reviewed the subject proffer agreement, dated
November 28, 1995, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
enc
· TI[IS AGREEMENT, made this 28th day of November, 1995, by and
between VIRGINIA BEACH INVESTMENT COMPANY, a Virginia general
partnership (hereinafter referred to as "Grantor"); and the CITY
oF VIRGINIA BEACH, a municipal corporation of the Commmonwealth of
Virginia (hereinafter referred to as ("Grantec").
WITNESS ETH:
WHEREAS, the Grantor has initiated a conditional amendment to
the Zoning Map of the City of Virginia Beach, Virginia, by
conditional rezoning application of the Grantor addressed to the
Grantee, so as to change the classification of a 11.139 Acre
portion of Parcel A, 15.130 Acres, Subdivision of Parcel A For
College Park Square IV Associates, owned by the Grantor, from B-2
(Commercial) to A-24 (Apartments), located in the Kempsville
Borough of the City of Virginia Beach, Virginia, said 11.13 Acre
portion being 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 multi-
family purposes, through zoning and
legislation; and
WHEREAS, the Grantor acknowledges
other land development
that the competing and
sometimes incompatible uses conflict, and that in order to permit
differing uses on and in the area of the subject Property and at
the same time to recognize the effects of the change, and ~he need
for various types of uses, including those listed above, certain
reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to
land similarly Zoned A-24 are needed to cope with the situation to
which the Grantor,s rezoning application gives rise; and
WHEREAS, the Grantor has voluntarily proffered in writing in
advance of and prior to the public hearing before the Grantee, as
part of the proposed conditional amendment to the Zoning Map, in
addition to the regulations provided for in the existing A-24
zoning district by the existing City's Zoning Ordinance (CZO), the
following reasonable conditions related to the physical
development, operation and use of the Property to be adopted as a
part of said amendment to the new Zoning Map relative to the
Property, all of which have a reasonable relation to the rezoning
and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantor, for themselves, their
successors, assigns, grantees, and other sUCcessors in title or
interest, voluntarily and Without any requirement by or exaction
from the Grantee or its governing body and without any element of
compulsion of u~ pro ~ for zoning, rezoning, sits'plan,
building permit or subdivision approval, hereby makes the
following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation and use of
~he Property if developed for a use permitted under the A-Z4
zoning classification, and hereby covenants and agrees that these
Proffers shall constitute covenants running with the said
-2-
Property, which shall be binding upon the Property and upon
parties and persons claiming under or through the Gran~or, its
heirs, personal representatives, assigns, grantees and other
successors in interest or title, namely~
1. All residential units constructed upon the Property
shall be occupied by elderly households qualified under the Low
Income llousing Tax Credit Program (Section 42) whose head, spouse
or sole member is 55 years of age or older, handicapped or
disabled, in compliance with the Fair Housing Act [42 U.S.C.
@@3601-3619 (1977 and 'Supp. 1994}] and applicable regulations
promulgated pursuant thereto and the Virginia Fair Housing law
~36-96.1 et seq. Code of Virginia, 1950 as amended. The
residential units constructed on the Property shall be operated
and maintained in compliance with the applicable provisions of the
Virginia Fair Housing law and the Fair Housing Ac2 that are
applicable to the Property at the time of site plan approval.
2. The Property shall be developed substantially as shown
on the Site Plan entitled "SITE PLAN FOR JAMESTOWN COMMONS AT
COLLEGE PARK", dated November 27, ~995 (hereinafter "Site Plan")
which Site Plan was exhibited to the Virginia Beach City Council
a~ its Public Hearing held to consider Grantors' applicat~on and
which is on file i~ the Planning Depart]nent.
3. The Property shall be landscaped substant~a11~ as shown
on ~he Exhibi~ entitled "LANDSCAPE CONCEPTUAL PLAN FOR JAMESTOWN
COMMONS", da~ed November 27, 1995 (hereinafter "landscape Plan")
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in a manner consistent with', the phasing schedule for the two
Principle structures on ~he Property, which Landscape Plan was
exhibited to the Virginia Beach CAty Council at ~ts Public Hearing
held to consider Grantors applicat$on and which is on file in the
Planning Department.
4. The exterior of the principle rcs/dent/al buildings
constructed on the Property shall be built of materials equal to
or greater in quality than those listed in tho attached Exhibit B,
entitled "JAMESTOWN COMMONS MATERIALS SPECIFICATIONS.. When
completed, the principle residential buildings shall be
substantially as shown on ~he Rendering entitled "RENDERINGS FOR
JAMESTOWN COMMONS AT COLLEGE PARK", dated November 27, 1995,
(hereinafter "Rendering-) which Rendering was exhibited to the
Virginia Beach City Council at its Public Hearing held to consider
Grantor's application and which is on file in the Planning
Department.
Housing
credits
Grantor shall apply for credits from the VirginLa
and Development Authority and e~bJect to receipt of
from that agency, 100% of the residential units
constructed on the Property shall be rent restricted and occupied
by persons whose incomes are 80% or less of the area median
income, adjusted for family size, as established for the ~ewport
News-Norfolk Standard Metropolitan Statist~cal Area as published
on January 18, 1995 by the Department of Housing and Urban
Development.
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All re£erenoes hereinabove to zoning districts and to
regulations applicable thereto refer to the City Zoning Ordinance
of the City of Virginia Beach, Virginia~ in force as of the date
of the conditions! zoning amendment is approved by the Grantee.
?he Grantors covenant and agrees that (1) the Zoning
Administrator of the City of Virginia Beach, Virginia shall be
vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia to administer and
foregoing conditions, Including {i) the ordering in
enforce the
writing of
conditions,
the remedying
and (ii) the
ensure compliance with such
of any noncompliance with such
bringing of legal action or suit to
conditions, including mandatory or
prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings~ (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 £or
the review thereof prior to instituting proceedings in court~ and
(4) the Zoning Map show by an appropriate 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 condi~ions may
be made readily available and accessible for public inspection in
the office of the Zoning Administrator and in the Planning
Department and that they shall be recorded in the Clerk's Office
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of the Circuit Court of the City of Virginia Beach, Virginia and
indexe4 in the name of the Grantors and Grantee.
WITNESS the following signatures and seals.
VIRGINIA BEACH INVESTMENT COMPANY
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The ~c%regoing instrument was acknowledged before me this ~z~-,
day of ~/~z~'~....~,. , ~995, by Laurence j. Goldrlch, General
Partner of VIRGINIA BEAC~ INVESTMENT COMPANY a Virginia general
partner~hi~. . ,
My Commission Expires:
Notary Public
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~XMIBIT B
,3 AMF. S'~'OWN COMMONS
MA'J'ERIA]. SPEC1F1 CATION
Ma~t'ia~ Specif~cat~ons
1. Wood frame on 9xade - engineered roof and floor t---Usaee.
2. --Main surf&ce - Norerntex Premium 9xade 7- beaded e~d~n9
3. ~der v~ndov aocenC - Norande~ ~r~ ~ade triple 3- a~d~ng
4. Gable facing - Alcoa ~ooenC P~elo
5. Entrance and front surface ascent details - oversize brick
(.
6. Wlndovs- all vinyl, lnsulaked, double loc)ce v~h tilt sash
?. Roof~n9 - CerCaLnCeed 20 Mr. f~berglaee - "Wea~-hered #sod-
S. Railings'- Superior aXua~nun heavy-duty series
Doors - insulated, fire rated steel doors with dead bolt and
peep hole
10. ~xterior tr&to - rood vrappsd v~th PVC coated aluminum - color
vhito -
PUBLIC HEARING
PLANNING
ITEM # 40291
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council ADOPTED an
Ordinance upon application of JASON B. COWAN for a Change o_f Zoning District Classification:
ORDINANCE UPON APPLICATION OF JASON B. COWAN FOR A
CHANGE OF ZONING FROM A-18 to R-SS Z01961480
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CI'IY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Jason B. Cowan for a Change of Zoning
District Classification from A- 18 Apartment District to R- 5S Residential
Single Family District on certain property located at the northwest
intersection of Lincoln Avenue and Alabama Avenue. The proposed
zoning classification to R-5S is for single family residential land use on
lots no less than 5,000 square feet. The Comprehensive Plan recommends
use of this parcel for urban medium low density residential at densities
that are compatible with use in accordance with other plan policies. Said
parcel contain 19,000 square feet. PRINCESS ANNE BOROUGH.
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 Ninth o_f Januam_. Nineteen
Hundred and Nine~_ -Six.
Voting:
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, Ill, and Harold Heischober
January 9, 1996
Item III-M.I$,
PUBLIC HEARING
ITEM # 40292
PLANNING
Correspondence of January & 1996, from Attorney Eric A. Hauser requesting INDEFINITE
DEFERRAL.
Upon motion by Councilman Jones, seconded by Council Lady Strayhorn, City Council DEFERRED
INDEFINITELY an Ordinance upon application of THE FRANCISCUS COMPANY, INC. for an
amendment to a 30-acre site of the Green Run Land Use Plan re REDESIGNATION of Z5 acres from
multiple family to commercial or multiple family:
Voting:
Ordinance upon application of The Franciscus Company, Inc., for an
amendment to a 30 acre site of the Green Run Land Use Plan. The
proposal is to redesignate 7.5 acres from multiple family to commercial
or multiple family. The site is located on the north side of Princess Anne
Road, 400 feet more or less east of South Independence Boulevard and
contains 30 acres. KEMPSV1LLE BOROUGH.
9-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William VK. Harrison, Jr., 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
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
Mayor Oberndorf DISCLOSED re application of The Franciscus Company, Inc., pursuant to Section
2.1-639.14(G) of the Code of Virginia, she is a member of the Board of Directors of Tidewater Health
Care, Inc. However, she does not receive any salary or other compensation from Tidewater Health Care,
Inc. The property which is the subject of the application of The Franciscus Company, Inc., is owned by
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc.
Mayor Oberndorf declared she was able to participate in the transaction fairly, objectively and in the
public interest. Mayor Oberndorfs letter of January 9, 1996, is hereby made apart of the record.
Vice Mayor Sessoms DISCLOSED re application of The Franciscus Company, Inc., pursuant to Section
2.1-639.14(G) of the Code of Virginia, he is a member of the Board of Directors of Tidewater Health
Care, Inc. However, he does not receive any salary or other compensation from Tidewater Health Care,
Inc. The proeprty which is the subject of the application of The Franciscus Company, Inc., is owned by
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc. Vice
Mayor Sessoms declared he was able to participate in the transaction fairly, objectively and in the public
interest. Vice Mayor Sessoms' letter of January 9, 1996, is hereby made apart of the record.
Council Lady Henley DISCLOSED re application of The Franciscas Company, Inc., pursuant to Section
2.1-639.14(G) of the Code of Virginia, she is a member of the Board of Directors of Tidewater Health
Care, Inc. However, she does not receive any salary or other compensation from Tidewater Health Care,
Inc. The property which is the subject of the application of The Franciscus Company, Inc., is owned by
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care, Inc.
Council Lady Henley declared she was able to participate in the transaction fairly, objectively and in the
public interest. Council lardy Henley's letter of January 9, 1996, is hereby made apart of the record.
January 9, 1996
MEYERA E. OBERNDORF
MAYOR
City of Virginia 13each
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9000
(804) 427-4581
FAX (804) 426-5669
January 9, 1996
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the
Council's discussion and vote on the application of The Franciscus Company,
Inc. for an amendment to the Green Run land use plan by redesignating 7.5
acres of a 30-acre parcel to allow either multi-family or commercial use. The
property which is the subject of the application is owned by Virginia Beach
Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care,
Inc.
The nature of my personal interest is that I am a member of the Board of
Directors of Tidewater Health Care, Inc. However, I do not receive any
salary or other compensation from Tidewater Health Care, Inc., do not have
an ownership interest in the corporation, and do not incur or assume any
personal liability on behalf of the corporation.
Mrs. Ruth Hodges Smith -2- January 9, 1996
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
o
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Meyera E. Oberndorf
Mayor
MEO/clb
Enclosure
City of Virginia Bcach
MUNICIPAL CENTER
LESLIE L. LILLEY VIRGINIA BEACH VIRGINIA 2345~9004
CITY ATTORNEY (804) 427-4,531
FAX (804) 426-5687
TOO (804} 4274.305
In Reply Refer To Our File No. OP-338
January 9, 1996
The Honorable Meyera E. Obemdorf, Mayor
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Opinion
Dear Mayor Oberndorf:
I am writing in response to your request for an opinion regarding your ability to
participate in City Council's discussion and vote on the application of The Franciscus
Company, Inc. for an amendment to the Green Run land use plan by redesignating 7.5 acres
of a 30-acre parcel to allow either multi-family or commercial use. The application is
scheduled for the January 9, 1996, meeting of the Council.
SUMMARY CONCLUSION
From my review of the State and Local Government Conflict of Interests Act (the
"Act") and the information provided by you as referenced below, I am of the opinion that
you do not have a personal interest in the application of The Franciscus Company, Inc. for
an amendment to the Green Run land use plan. Thus, you would be permitted to participate
in Council's discussion and vote on the application without restriction. For your
information, I have outlined the disclosure requirements of § 2.1-639.14(G) of the Act should
you desire to disclose your relationship and participate. I have also outlined the applicable
provisions for abstention set forth in § 2.1-639.14(E) of the Act should you choose not to
participate.
Honorable Meyera E. Oberndorf, Mayor -2-
Re: Conflict of Interests Opinion
lanuary 9, 1996
FACTS PRESENTED
Your request for an advisory opinion is generated by the Council's discussion and
vote on the application of The Franciscus Company, Inc. for an amendment to the Green
Run land use plan. The owner of the property which is the subject of the application is
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health
Care, Inc. You have advised that your concern and reason for requesting this opinion is that
you are a member of the Board of Directors of Tidewater Health Care, Inc. You have
further advised, however, that you do not receive any salary or other compensation from
Tidewater Health Care, Inc., do not have any ownership interest in the corporation, and do
not assume any liability on behalf of the corporation.
Please review and verify the accuracy of the facts as set forth as you may only rely
upon this opinion if they are correct and complete.
ISSUE PRESENTED
Does the Conflict of Interests Act preclude you from participating in City Council's
discussion and vote on the application of The Franciscus Company, Inc. for an amendment
to the Green Run land use plan?
I. Applicable Definitions of the Act..
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Act.
B. You are an officer within the meaning of § 2.1-639.2.
C. Council's discussion and vote on the application of The Franciscus Company,
Inc. constitutes a "transaction" as defined by the Act. A transaction includes any matter
considered by any governmental agency on which official action is taken or contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit of liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
Honorable Meyera E. Oberndorf, Mayor -3-
Re: Conflict of Interests Opinion
January 9, 1996
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may reali?e a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions.
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to Tidewater Health Care, Inc., you do not receive
any salary or other compensation from the corporation, do not have any ownership interest
in the corporation, and do not incur or assume any personal liability on behalf of the
corporation. Therefore, I conclude that you do not have a "personal interest" in Tidewater
Health Care, Inc. as defined by the Act.~
~Three opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who serves on the advisory board of directs of a
private bank and who receives $800 annually from the bank for his services is not required to disqualify
himself from transactions involving the college because he does not have a personal interest in the bank.
COI Adv. Op. No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid
director of a county community action agency is not required by the Act to disqualify himself from the
board's consideration of the agency's funding request absent the member having a financial interest in
the agency. COI Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also
serves as chairman of a county service authority and who does not receive in excess of $10,000 from both
the commission and the authority does not have a ~personal interest' in either body and, thus, need not
disqualify himself from participating in a transaction involving both bodies. COI Adv. Op. No. 76
(1986).
Honorable Meyera E. Oberndorf, Mayor -4-
Re: Conflict of Interests Opinion
lanuary 9, 1996
B. Personal Interest in the Transaction
You do not have a "personal interest" as defined above; therefore, you cannot have
a 'personal interest in the transaction" as defined in the Act.
m. Disclosure Rea_uirements
Based on the fact that you do not have a personal interest in the application of The
Franciscus Company, Inc. for an amendment to the Green Run land use plan, you are not
restricted in voting as to the application. Nevertheless, if you are concerned that your
participation in Council's discussion and vote on the application may create some appearance
of impropriety because of your position, there are two options available to you which may
diffuse any perception problems that may arise:
You may either disclose the facts as presented herein and proceed to vote as
to the application; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against all
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in Council's discussion and
vote on the application without restriction. I have also opined that you may choose to
disclose your interest and participate. However, if you are concerned that participating, even
after disclosure, could create an unacceptable appearance, you may abstain from participating
under § 2.1-639.14(E) provided that you first disclose your interest in the transaction.
Honorable Meyera E. Obemdorf, Mayor -5-
Re: Conflict of Interests Opinion
January9, 1996
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosures
City o f Viv g in ia Bc ac h
BARBARA M. HENLEY
COUNCILWOMAN- PUNGO BOROUGH
(804) 426-7501
FAX(804) 42~5669
3513 CHARITY NECK ROAD
VIRGINIA BEACH, VIRGINIA 23456
Janua~ 9, 1996
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the
Council's discussion and vote on the application of The Franciscus Company,
Inc. for an amendment to the Green Run land use plan by redesignating 7.5
acres of a 30-acre parcel to allow either multi-family or commercial use. The
property which is the subject of the application is owned by Virginia Beach
Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care,
Inc.
The nature of my personal interest is that I am a member of the Board of
Directors of Tidewater Health Care, Inc., and serve on its Executive
Committee. However, I do not receive any salary or other compensation from
Tidewater Health Care, Inc., do not have an ownership interest in the
corporation, and do not incur or assume any personal liability on behalf of the
corporation.
Mrs. Ruth Hodges Smith -2- January 9, 1996
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
BMH/clb
Enclosure
Barbara M. Henley
Councilmember
City of Virginia lqcach
LESLIE L. LILLEY
CITY A~rORNEY
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 2"345~-9004
(804) 427-4531
FAX (804) 426-5687
TOO (804) 427-4305
In Reply Refer To Our File No. OP-337
Janu~y 9, 1996
Councilmember Barbara M. Henley
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Opinion
Dear Councilmember Henley:
I am writing in response to your request for an opinion regarding your ability to
participate in City Council's discussion and vote on the application of The Franciscus
Company, Inc. for an amendment to the Green Run land use plan by redesignating 7.5 acres
of a 30-acre parcel to allow either multi-family or commercial use. The application is
scheduled for the January 9, 1996, meeting of the Council.
SUMMARY CONCLUSION
From my review of the State and Local Government Conflict of Interests Act (the
"Act") and the information provided by you as referenced below, I am of the opinion that
you do not have a personal interest in the application of The Franciscus Company, Inc. for
an amendment to the Green Run land use plan. Thus, you would be permitted to participate
in Council's discussion and vote on the application without restriction. For your
information, I have outlined the disclosure requirements of § 2.1-639.14(G) of the Act should
you desire to disclose your relationship and participate. I have also outlined the applicable
provisions for abstention set forth in § 2.1-639.14(E) of the Act should you choose not to
participate.
Councilmember Barbara M. Henley -2-
Re: Conflict of Interests Opinion
January 9, 1996
FACTS PRESENTED
Your request for an advisory opinion is generated by the Council's discussion and
vote on the application of The Franciscus Company, Inc. for an amendment to the Green
Run land use plan. The owner of the property which is the subject of the application is
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health
Care, Inc. You have advised that your concern and reason for requesting this opinion is that
you are a member of the Board of Directors of Tidewater Health Care, Inc., and serve on
its Executive Committee. You have further advised, however, that you do not receive any
salary or other compensation from Tidewater Health Care, Inc., do not have any ownership
interest in the corporation, and do not assume any liability on behalf of the corporation.
Please review and verify the accuracy of the facts as set forth as you may only rely
upon this opinion if they are correct and complete.
ISSUE PRESENTED
Does the Conflict of Interests Act preclude you from participating in City Council's
discussion and vote on the application of The Franciscus Company, Inc. for an amendment
to the Green Run land use plan?
DISCUSSION
I. Applicable Definitions of the Act.:
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Act.
B. You are an officer within the meaning of § 2.1-639.2.
C. Council's discussion and vote on the application of The Franciscus Company,
Inc. constitutes a "transaction" as defined by the Act. A transaction includes any matter
considered by any governmental agency on which official action is taken or contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit of liability
which accrues to an officer, employee, or to an mediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
Councilmember Barbara M. Henley -3-
Re: Conflict of Interests Opinion
January 9, 1996
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction~ exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may reali?e a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest.
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to Tidewater Health Care, Inc., you do not receive
any salary or other compensation from the corporation, do not have any ownership interest
in the corporation, and do not incur or assume any personal liability on behalf of the
corporation. Therefore, I conclude that you do not have a "personal interest" in Tidewater
Health Care, Inc. as def'med by the Act.t
tThree opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who serves on the advisory board of directs of a
private bank and who receives $800 annually from the bank for his services is not required to disqualify
himself from transactions involving the college because he does not have a personal interest in the bank.
COI Adv. Op. No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid
director of a county community action agency is not required by the Act to disqualify himself from the
board's consideration of the agency's funding request absent the member having a financial interest in
the agency. COI Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also
serves as chairman of a county service authority and who does not receive in excess of $10,000 from both
the commission and the authority does not have a ~personal interest" in either body and, thus, need not
disqualify himself from participating in a transaction involving both bodies. COI Adv. Op. No. 76
(1986).
Councilmember Barbara M. Henley -4-
Re: Conflict of Interests Opinion
January 9, 1996
B. Personal Interest in the Transaction
You do not have a "personal interest" as defined above; therefore, you cannot have
a "personal interest in the transaction" as defmed in the Act.
m. Disclosure Requirements
Based on the fact that you do not have a personal interest in the application of The
Franciscus Company, Inc. for an amendment to the Green Run land use plan, you are not
restricted in voting as to the application. Nevertheless, if you are concerned that your
participation in Council's discussion and vote on the application may create some appearance
of impropriety because of your position, there are two options available to you which may
diffuse any perception problems that may arise:
You may either disclose the facts as presented herein and proceed to vote as
to the application; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shah retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against all
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in Council's discussion and
vote on the application without restriction. I have also opined that you may choose to
disclose your interest and participate. However, if you are concerned that participating, even
after disclosure, could create an unacceptable appearance, you may abstain from participating
under § 2.1-639.14(E) provided that you first disclose your interest in the transaction.
Councilmember Barbara M. Henley -5-
Re: Conflict of Interests Opinion
January 9, 1996
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosures
City of Virginia Flcach
WILLIAM D. SESSOMS, JR.
VICE MAYOR
809 GREENTREE ARCH
VIRGINIA BEACH, VIRGINIA 23451
(804) 473-3926
January 9, 1996
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the
Council's discussion and vote on the application of The Franciscus Company,
Inc. for an amendment to the Green Run land use plan by redesignating 7.5
acres of a 30-acre parcel to allow either multi-family or commercial use. The
property which is the subject of the application is owned by Virginia Beach
Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care,
Inc.
The nature of my personal interest is that I am a member of the Board of
Directors of Tidewater Health Care, Inc. However, I do not receive any
salary or other compensation from Tidewater Health Care, Inc., do not have
an ownership interest in the corporation, and do not incur or assume any
personal liability on behalf of the corporation.
Mrs. Ruth Hodges Smith -2- January 9, 1996
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
o
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
William D. Sessoms, Jr.
Vice-Mayor
WDS,Jr./clb
Enclosure
City of Virginia Beach
LESLIE L LILLEY
CITY ATTORNEY
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 2345~9004
(804) 427 ~4,5.31
FAX (804) 426-5687
TDO (804) 427-4305
In Reply Refer To Our File No. OP-339
January 9, 1996
The Honorable William D. Sessoms, Ir., Vice-Mayor
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Opinion
Dear Vice-Mayor Sessoms:
I am writing in response to your request for an opinion regarding your ability to
participate in City Council's discussion and vote on the application of The Franciscus
Company, Inc. for an amendment to the Green Run land use plan by redesignating 7.5 acres
of a 30-acre parcel to allow either multi-family or commercial use. The application is
scheduled for the January 9, 1996, meeting of the Council.
SUMMARY CONCLUSION
From my review of the State and Local Government Conflict of Interests Act (the
"Act") and the information provided by you as referenced below, I am of the opinion that
you do not have a personal interest in the application of The Franciscus Company, Inc. for
an amendment to the Green Run land use plan. Thus, you would be permitted to participate
in Council's discussion and vote on the application without restriction. For your
information, I have outlined the disclosure requirements of § 2.1-639.14(G) of the Act should
you desire to disclose your relationship and participate. I have also outlined the applicable
provisions for abstention set forth in § 2.1-639.14(E) of the Act should you choose not to
participate.
Honorable William D. Sessoms, Jr.
Vice-Mayor
-2- lanuary 9, 1996
Re: Conflict of Interests Opinion
FACTS PRESENTED
Your request for an advisory opinion is generated by the Council's discussion and
vote on the application of The Franciscus Company, Inc. for an amendment to the Green
Run land use plan. The owner of the property which is the subject of the application is
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health
Care, Inc. You have advised that your concern and reason for requesting this opinion is that
you are a member of the Board of Directors of Tidewater Health Care, Inc. You have
further advised, however, that you do not receive any salary or other compensation from
Tidewater Health Care, Inc., do not have any ownership interest in the corporation, and do
not assume any liability on behalf of the corporation.
Please review and verify the accuracy of the facts as set forth as you may only rely
upon this opinion if they are correct and complete.
ISSUE PRESENTED
Does the Conflict of Interests Act preclude you from participating in City Council's
discussion and vote on the application of The Franciscus Company, Inc. for an amendment
to the Green Run land use plan?
DISCUSSION
I. Applicable Definitions of the Act,
A. City Council is a governmental agency, as it is a legislative branch of local
government as def'med in § 2.1-639.2 of the Act.
B. You are an officer within the meaning of § 2.1-639.2.
C. Council's discussion and vote on the application of The Franciscus Company,
Inc. constitutes a "transaction" as defined by the Act. A transaction includes any matter
considered by any governmental agency on which official action is taken or contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit of liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
Honorable William D. Sessoms, Jr.
Vice-Mayor
-3- January 9, 1996
Re: Conflict of Interests Opinion
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A ..personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to Tidewater Health Care, Inc., you do not receive
any salary or other compensation from the corporation, do not have any ownership interest
in the corporation, and do not incur or assume any personal liability on behalf of the
corporation. Therefore, I conclude that you do not have a "personal interest" in Tidewater
Health Care, Inc. as defined by the Act.a
~Three opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who serves on the advisory board of directs of a
private bank and who receives $800 annually from the bank for his services is not required to disqualify
himself from transactions involving the college because he does not have a personal interest in the bank.
COI Adv. Op. No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid
director of a county community action agency is not required by the Act to disqualify himself from the
board's consideration of the agency's funding request absent the member having a financial interest in
the agency. COI Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also
serves as chairman of a county service authority and who does not receive in excess of $10,000 from both
the commission and the authority does not have a "personal interesU in either body and, thus, need not
disqualify himself from participating in a transaction involving both bodies. COI Adv. Op. No. 76
(1986).
Honorable William D. Sessoms, Jr.
Vice-Mayor
-4- January 9, 1996
Re: Conflict of Interests Opinion
B. Personal Interest in the Transaction
You do not have a "personal interest" as defined above; therefore, you cannot have
a "personal interest in the transaction~ as defined in the Act.
m. Disclosure Requirements
Based on the fact that you do not have a personal interest in the application of The
Franciscus Company, Inc. for an amendment to the Green Run land use plan, you are not
restricted in voting as to the application. Nevertheless, if you are concerned that your
participation in Council's discussion and vote on the application may create some appearance
of impropriety because of your position, there are two options available to you which may
diffuse any perception problems that may arise:
You may either disclose the facts as presented herein and proceed to vote as
to the application; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against all
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in Council's discussion and
vote on the application without restriction. I have also opined that you may choose to
disclose your interest and participate. However, if you are concerned that participating, even
after disclosure, could create an unacceptable appearance, you may abstain from participating
under § 2.1-639.14(E) provided that you first disclose your interest in the transaction.
Honorable William D. Sessoms, Jr.
Vice-Mayor
-5- January 9, 1996
Re: Conflict of Interests Opinion
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosures
LESLIE L LILLEY
CITY ATTORNEY
City of Virginia Ficach
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9004
(804) 427 4531
FAX (804) 426-5687
TDD (804) 427 4305
In Reply Refer To Our File No. OP-338
January 9, 1996
The Honorable Meyera E. Obemdorf, Mayor
Municipal Center
Virginia Beach, Virginia 23456
Re: Conflict of Interests Opinion
Dear Mayor Oberndorf:
I am writing in response to your request for an opinion regarding your ability to
participate in City Council's discussion and vote on the application of The Franciscus
Company, Inc. for an amendment to the Green Run land use plan by redesignating 7.5 acres
of a 30-acre parcel to allow either multi-family or commercial use. The application is
scheduled for the January 9, 1996, meeting of the Council.
SUMMARY CONCLUSION
From my review of the State and Local Government Conflict of Interests Act (the
"Act") and the information provided by you as referenced below, I am of the opinion that
you do not have a personal interest in the application of The Franciscus Company, Inc. for
an amendment to the Green Run land use plan. Thus, you would be permitted to participate
in Council's discussion and vote on the application without restriction. For your
information, I have outlined the disclosure requirements of § 2.1-639.14(G) of the Act should
you desire to disclose your relationship and participate. I have also outlined the applicable
provisions for abstention set forth in § 2.1-639.14(E) of the Act should you choose not to
participate.
Honorable Meyera E. Oberndorf, Mayor -2- January 9, 1996
Re: Conflict of Interests Opinion
FACTS PRESENTED
Your request for an advisory opinion is generated by the Council's discussion and
vote on the application of The Franciscus Company, Inc. for an amendment to the Green
Run land use plan. The owner of the property which is the subject of the application is
Virginia Beach Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health
Care, Inc. You have advised that your concern and reason for requesting this opinion is that
you are a member of the Board of Directors of Tidewater Health Care, Inc. You have
further advised, however, that you do not receive any salary or other compensation from
Tidewater Health Care, Inc., do not have any ownership interest in the corporation, and do
not assume any liability on behalf of the corporation.
Please review and verify the accuracy of the facts as set forth as you may only rely
upon this opinion if they are correct and complete.
ISSUE PRESENTED
Does the Conflict of Interests Act preclude you from participating in City Council's
discussion and vote on the application of The Franciscus Company, Inc. for an amendment
to the Green Run land use plan?
DISCUSSION
I. Applicable Definitions of the Act.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Act.
B. You are an officer within the meaning of § 2.1-639.2.
C. Council's discussion and vote on the application of The Franciscus Company,
Inc. constitutes a "transaction" as defined by the Act. A transaction includes any matter
considered by any governmental agency on which official action is taken or contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a fmancial benefit of liability
which accrues to an officer, employee, or to an immediate family member. The interest
exists by reason of one of five categories specified therein as: 1) ownership in a business
if the ownership interest exceeds 3 % of the total equity of the business; 2) annual income
from ownership in real or personal property or a business in excess of $10,000.00; 3) salary
Honorable Meyera E. Obemdorf, Mayor -3- January 9, 1996
Re: Conflict of Interests Opinion
from the use of property or paid by a business that exceeds $10,000.00 annually; 4)
ownership of real or personal property when the interest exceeds $10,000.00 in value,
exclusive of ownership in a business, or salary; and 5) personal liability incurred or assumed
on behalf of a business which exceeds 3 % of the asset value of the business.
E. A "personal interest in the transaction" exists when an officer or employee or
a member of his immediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest". Specifically, my review of those categories and the
facts presented indicate that with respect to Tidewater Health Care, Inc., you do not receive
any salary or other compensation from the corporation, do not have any ownership interest
in the corporation, and do not incur or assume any personal liability on behalf of the
corporation. Therefore, I conclude that you do not have a "personal interest" in Tidewater
Health Care, Inc. as def'med by the Act.~
~Three opinions of the Attorney General dealing with directors or board members are of
relevance: President of a Virginia Community College who serves on the advisory board of directs of a
private bank and who receives $800 annually from the bank for his services is not required to disqualify
himself from transactions involving the college because he does not have a personal interest in the bank.
CO1 Adv. Op. No. 46 (1984). A member of a local board of supervisors who also serves as a nonpaid
director of a county community action agency is not required by the Act to disqualify himself from the
board's consideration of the agency's funding request absent the member having a financial interest in
the agency. COI Adv. Op. No. 81 (1986). By definition, a sanitation commission member who also
serves as chairman of a county service authority and who does not receive in excess of $10,000 from both
the commission and the authority does not have a "personal interest" in either body and, thus, need not
disqualify himself from participating in a transaction involving both bodies. COI Adv. Op. No. 76
(1986).
Honorable Meyera E. Oberndorf, Mayor -4- January 9, 1996
Re: Conflict of Interests Opinion
B. Personal Interest in the Transaction.
You do not have a "personal interest" as defined above; therefore, you cannot have
a "personal interest in the transaction" as defined in the Act.
m. Disclosure Requirements
Based on the fact that you do not have a personal interest in the application of The
Franciscus Company, Inc. for an amendment to the Green Run land use plan, you are not
restricted in voting as to the application. Nevertheless, if you are concerned that your
participation in Council's discussion and vote on the application may create some appearance
of impropriety because of your position, there are two options available to you which may
diffuse any perception problems that may arise:
You may either disclose the facts as presented herein and proceed to vote as
to the application; or
2. You may abstain from voting and disclose any interest.
Should you decide to declare your interest and vote, a proposed disclosure letter
which complies with § 2.1-639.14(G) is enclosed for your convenience. You may either
make this declaration orally, which is to be recorded in the written minutes of the City
Council, or you may file a signed written declaration with the Clerk of the City Council,
who shall retain and make this document available for public inspection for a period of five
years from the date of recording or receipt.
The Conflict of Interests Act deals with the types of influences upon a public officer's
judgment which are clearly improper. The law does not, however, protect against all
appearance of improper influence. In that respect, the Act places the burden on the
individual officer to evaluate whether the facts presented create an appearance of impropriety
which is unacceptable or which would affect the confidence of the public in the officer's
ability to be impartial. I have opined that you may participate in Council's discussion and
vote on the application without restriction. I have also opined that you may choose to
disclose your interest and participate. However, if you are concerned that participating, even
after disclosure, could create an unacceptable appearance, you may abstain from participating
under § 2.1-639.14(E) provided that you first disclose your interest in the transaction.
Honorable Meyera E. Obemdorf, Mayor -5-
Re: Conflict of Interests Opinion
January 9, 1996
Please contact me should you desire any additional information.
Very truly yours,
City Attorney
LLL/RMB/clb
Enclosures
City of Virginia Beach
MEYERA E. OBERNDORF
MAYOR
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456.9000
(804) 427-4581
FAX (804) 426-5669
Janua~ 9, 1996
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the
Council's discussion and vote on the application of The Franciscus Company,
Inc. for an amendment to the Green Run land use plan by redesignating 7.5
acres of a 30-acre parcel to allow either multi-family or commercial use. The
property which is the subject of the application is owned by Virginia Beach
Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care,
Inc.
The nature of my personal interest is that I am a member of the Board of
Directors of Tidewater Health Care, Inc. However, ! do not receive any
salary or other compensation from Tidewater Health Care, Inc., do not have
an ownership interest in the corporation, and do not incur or assume any
personal liability on behalf of the corporation.
Mrs. Ruth Hodges Smith -2- January 9, 1996
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and declare that I am able to participate in
the transaction fairly, objectively, and in the public interest.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
MEO/clb
Enclosure
Meyera E. Obemdorf
Mayor
City of Virginia Bcach
MEYERA E. OEIERNDORF
MAYOR
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9000
(804) 427-4581
FAX (804) 426-5669
January 9, 1996
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
The transaction for which I am executing this written disclosure is the
Council's discussion and vote on the application of The Franciscus Company,
Inc. for an amendment to the Green Run land use plan by redesignating 7.5
acres of a 30-acre parcel to allow either multi-family or commercial use. The
property which is the subject of the application is owned by Virginia Beach
Health Foundation, Inc., a wholly-owned subsidiary of Tidewater Health Care,
Inc.
The nature of my personal interest is that I am a member of the Board of
Directors of Tidewater Health Care, Inc. However, ! do not receive any
salary or other compensation from Tidewater Health Care, Inc., do not have
an ownership interest in the corporation, and do not incur or assume any
personal liability on behalf of the corporation.
Mrs. Ruth Hodges Smith -2- lanuary 9, 1996
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of Virginia
Although the City Attorney has advised me that this interest does not meet the
criteria of a personal interest in the transaction under the Conflict of Interests
Act, I wish to disclose this interest and abstain from participating in this
transaction.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Meyera E. Obemdorf
Mayor
MEO/clb
Enclosure
Item lll-M.14.a.(l~b.(3/4)
PUBLIC HEARING
ITEM # 40293
PLANNING
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Applications of the City of Virginia Beach:
City Code Amendments:
Article II, Chapter 30, Section 30-16, re borrow pits
(Staff report will be received within 120 days)
Amendments to the City Zoning Ordinance . . .:
AS REVISED: Sections 111 and 227 to be consistent in
wording with Chapter 30 of the City Code re definitions of
borrow pits and City's withdrawal from the Mineral Mining
Program (Eliminate word "reasonable" on line 141).
Sections 501 and 601 re use regulations for fish ponds and fish
hatcheries in residential and apartment districts.
Mayor Oberndorf and Councilman Dean requested City Staff to further study the tax implications of said
Ordinance, working with the Builders Association and Borrow Pit Representatives and bring forward
proposals. Letter of January 5, 1996 from Baillio Sand Company, Inc. was referenced and made a part
of the record. This Ordinance with the recommendations will be returned to City Council within 120 days.
Councilman Baum requested the Director of Planning, Robert Scott, provide the number of acres
delineated as wetlands in Courthouse Woods.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy 14. Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 30-16 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO THE DEFINITION OF A
BORROW PIT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 30-16 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Sec. 30-~$. Definition.
For the purpose of this article, the term '~borrow pit'' means
any operation involving the breaking or disturbing of the surface
soil or rock, where the primary purpose of the operation is to
facilitate or accomplish the extraction or removal of sand, 'soil,
gravel, fill or other similar material. Specifically exempt from
this definition are the following:
(1) Any excavation for roads, drainage, stormwater management
facilities as defined in the city stormwater manaqement
ordinance (Appendix D), or similar features necessarily
incidental to~ and in accordance with~ the approved
construction plans for a residential subdivision or other
similar development activity, even though the excavated
material may be hauled offsite or sold.
(2) Any excavation for the sole purpose of conducting a bona
fide agricultural operation, including, but not limited
to, excavations to improve drainage, provide watering
facilities for livestock or create a holding lagoon for
animal wasteT; provided that none of the excavated
material may be hauled off site or sold.
(3) Any excavation which is less than one (1) acre in area
and less than five hundred (500) tons of material.
(4) Any trench, ditch or hole for utility lines, drainage
pipes or other similar public works facilities or
projects where the excavation is in accordance with the
approved construction plans.
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Adopted by the City Council of the City of Virginia Beach on
this 9 day of January 199 6
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CA-6142
DATA/ORDIN/PROPOSED/30-16
NOVEMBER 28, 1995
R2
APPROVED ~.S TO CONTENT
Planr~W~Department- v ~,
APPROVED AS TO LEGAL
SUFFICIENCY
a.. /.
Department of Law
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AN ORDINANCE TO AMEND AND REORDAIN
SECTIONS 111 AND 227 OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, ZONING
ORDINANCE PERTAINING TO BORROW PITS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111 and 227 of the City Zoning Ordinance are
hereby amended and reordained to read as follows:
Sec. Z~. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated:
Borrow pit. Any operation involving the breaking or disturbing
of the surface soil or rock where the primary purpose of the
operation is to facilitate or accomplish the extraction or removal
of sand, soil, gravel, fill, or other similar material ,_~A_ ~.
~----'~' -~ -----~---' Specifically exempt from this definition are
the following:
(a) Any excavation for roads, drainage, stormwater manaqement
facilities as defined in the city stormwater manaqement
ordinance (Appendix D), or similar features necessarily
incidental to, and in accordance with, the approved
construction plans for a residential subdivision or other
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similar development activity, even though the excavated
material may be hauled off-site or sold.
(b) Any excavation for the sole purpose of conducting a bona
fide agricultural operation, including but not limited to
excavations to improve drainage, provide watering
facilities for livestock, or create a holding lagoon for
animal wasteT; provided that none of the excavated
material may be hauled off site or sold.
(c) Any excavation which is less than ~A~ ~ ...... ~ ,,~ nn~
~ ........ one (1) acre in area and less than cnc
~ ...... ~ '~ ~' ~"~ ..... ~- five hundred (500)tons ~-
"A~. ~..~ of material.
(d) Any trench, ditch or hole for utility lines, drainage
pipes or other similar public works facilities or
projects where the excavation is in accordance with the
approved construction plans.
Se~. ZZ?. Borrow ~i~s.
(a) Application. Each application
for a use permit for a
borrow pit shall include the following information in addition to
the general information required by this ordinance:
(1) A boundary survey of the subject property, together with
the proposed location of the limits of excavation;
(2)The means of vehicular access to the proposed excavation;
(3)The number of cubic yards to be excavated;
(4) The areas proposed for the storage of overburden and
other spoil during the process of excavating;
(5) The proposed date on which excavating will commence, the
proposed date on which the excavation will be completed
and the proposed date that all required restoration
measures are to be completed;
(6) The location of all haul roads leading to public streets
and highways within the area, and the location of all
service roads on site;
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(7) A statement listing the public streets and highways to be
used as haul routes;
(8) A plan showing the proposed use of the property once
excavation has been completed, including the location of
proposed lots, streets, structures, and other features;
(9) A plan for filling of the borrow pit, if this is
intended, once excavation has been completed. No filling
of the borrow pit will be allowed unless plans for the
filling have been approved by city council as a part of
or as an amendment to the use permit application, and
until the~t~-~ ..... ~..~..~ .... director of planning has issued
a fill permit for such activity.
(b) Special requirements.
(1) Undrained pockets and stagnant pools resulting from
surface drainage shall be sprayed in accordance with
requirements of the state board of health to eliminate
breeding places for mosquitoes and other insects.
(2) Off-street parking areas adequate for all employees'
vehicles and trucks shall be provided.
(3) The edge of the area to be excavated shall be located at
least one hundred (100) feet from all exterior property
lines. The setback area shall not be used for any purpose
during the period of excavation, including overburden and
spoil storage, except the setback area may be used for
access roads. Exterior limits of all work shall be
monumented with iron markers no less than five (5) feet
above surface of the earth.
(4) Access roads. Access roads to any excavation where
hauling is being conducted shall be maintained in a dust-
free manner. All access roads shall be constructed so as
to intersect as nearly as possible at right angles with
public streets and highways and no access road shall
intersect any public road at any angle of less than sixty
(60) degrees.
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(5) Operating hours. Operating hours of excavation shall be
restricted to between 7:00 a.m. and 7:00 p.m. or such
lesser hours of operation as the city council may deem
appropriate. No Sunday operations shall be permitted.
(6) Construction of buildings. All buildings used for the
production and processing of excavated material shall be
constructed and maintained as required by the building
code of the city.
(7) Roadside landscape. Existing trees and ground cover along
public street frontage shall be preserved and maintained,
and replaced during the period of excavation if the
appropriate city authorities deem it necessary.
(8) Excavation permits. No excavation on the site shall
commence until all permits required by chapter 30 of the
City Code~..~-~ ~v~ ~ ~ vAA~ V~--~--~ .... ~ ~-- ~= I--I~i ~----~
have been received from the Department of ~--~- '~-~~
Planning ~-~ ~AVirglnla' ' ' ~ ....... ~ ~ ~ ~-~- --~ .... ~-
--~ ~ ...... and all requirements of chapter 30 of the
been met ..... ~i~ ~ ---~
(c) Factors relating to approval. Before issuing any use
permit for the excavation or fill of a borrow pit, the city council
shall give due consideration to the following factors:
(1) Effect of the proposal upon groundwater supply and
drainage in the area;
(2) Effect of the proposal upon the city streets of the area,
including but not limited to the factor of traffic
safety;
(3) Impact from noise, dust, odor or other nuisance, upon
surrounding properties;
(4) Effect of the proposal as a potential health or safety
hazard.
(d) ~ Bonding requirements -~ ...... ~-~ .... ~ ~- ~ -=
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'f The city council may requir d
...... z .................. e abon
or letter of credit in an amount and with surety satisfactory to
the department of planninq, securing to the city compliance with
the conditions and limitations set forth in the use permit. No
excavation on the site shall commence until such bond, if required,
has been filed and accepted by the director of planning.
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Adopted by the City Council of the City of Virginia Beach on
this 9 day of 3anuary 1995.
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CA-5892
DATA/ORDIN/PROPOSED/lll-227.0RD
DECEMBER 13, 1995
R3
APPROVED AS TO CONTENT
APPROVED AS TO LEOAL
SUFFICIENCY
Department of Law
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AN ORDINANCE TO AMEND AND REORDAIN
APPENDIX A, SECTIONS 501 AND 601 OF
THE CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, PERTAINING TO USE
REGULATIONS FOR FISH PONDS AND FISH
HATCHERIES
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9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That Appendix A, Sections 501 and 601 of the Code of the City
of Virginia Beach, Virginia, is hereby amended and reordained to
read as follows:
Bec. 50~. Use requla~ions.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the R-40 through R-2.5 Residential
Districts. Those uses and structures in the respective residential
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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24
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26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
uses
Agricultural and
horticultural uses except
for the keeping of poultry~
and livestock, fish ponds
and fish hatcheries
Borrow pit C
Cemetery, columbarium, X
crematory and mausoleum
Child care centers and child P
care education centers in
conjunction with public or
private elementary schools
Child care centers and child C
care education centers in
churches
Churches
Colleges and universities,
public
Community centers, public
Convalescent homes, private
Dormitories, student
provided that they are
located within a one mile
radius of an established
college or university
Residential Districts
R-40 R-30 R-20R-15R-10 R-7.5 R-SD R-5R R-5S R-2.5
P P P P P P P P P P
C C C C C C C C C
X X C C C C C C X
P P P P P P P P P
C C C C C C C C C
c c c c c c c c c c
P P P P P P P P P P
P P P P P P P P P P
x x x c c c c c c x
c c c c c c c c c X
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82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
Dwellings, attached
Dwellings, duplex
Dwellings, semidetached
Dwellings, single-family
Family care homes
Foster homes
Flex suite
Fraternity and sorority
houses provided that they
are located within a one-
mile radius of an
established college or
university
Golf courses,
nonilluminated, including
par 3 but not miniature,
with a minimum area of 10
acres, together with such
uses which are incidental to
golf courses, provided that
such uses shall be designed
and scaled to meet only the
requirements of the members,
guests, or users of the golf
course, and no signs or
other indications of such
uses shall be visible from
any public way
X X X X X X X X X P
X X X X X X P P X X
X X X X X X P P X
P P P P P P P P P
C C C C C C C C C
C C C C C C C C C
P P P X X X
C C C C C C
X
X
C
C
X X X X
C C C X
C C C C C C C C C C
Group homes C C C C C C C C C C
Home occupation
Homes for the aged,' disabled
when not operated by a
public agency
Horse stables, including
barns or other structures
built for the purpose of
boarding horses, provided
that no stable or barn shall
be located within 300 feet
of a property line
Hospitals and sanitariums
C C C C C C C C C C
X X X C C C C C C X
C X X X X X X X X X
X X X C C C C C
C C C C C C C C
C C C C C C C C
C C C C C C C C
X X ~ C C C C C
C C C C C C C C
P P P P P P P P
Kennels, residential
Marinas, noncommercial and
community boat docks
Museums and art galleries,
private
Nursing homes, when not
operated by a public agency
Private sewage treatment
facilities
Public parks, recreational
areas, botanical and
zoological gardens, and
other public buildings and
uses
C X
C X
C C
C C
C X
C C
P P
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104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
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122
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125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
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147
148
149
150
151
152
Public utility installations P
and substations; provided
offices, storage or
maintenance facilities shall
not be permitted; and
provided, further, that
utilities substations other
than individual
transformers, shall be
surrounded by Category V
screening, solid except for
entrances and exits; and
provided also, transformer
vaults for underground
utilities and the like shall
require Category I
screening, solid except for
access openings
Recreation and amusement C
facilities of an outdoor
nature other than those
specified as principal uses,
which may be partially or
temporarily enclosed on a
seasonal basis, with the
approval of city council,
except that riding academies
and recreational campgrounds
shall not be allowed
Schools, private when having C
academic curriculums similar
to public schools
Schools, public P
P P P P P P P P P
C C C C C C C C C
C C C C C C C C C
P P P P P P P P P
Storage or maintenance
installation for public
utilities
Television or other
broadcasting stations,
cellular telephone antenna
and line-of-sight relay
devices
C C C C C C C C C C
C C C C C C C C C C
Theaters for live production C C C C C C C C C C
Bec. 601. Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the A-12 through A-36 Apartment
Districts. Those uses and structures in the respective apartment
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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156
157
158
Use
Agricultural and ho=ticultural uses except for the
keeping of poultry, livestock~ :nd bees, fis~ ponds
and fish hatcheries
Borrow pits
Child care centers
A-12 A-18 A-24 A-36
P P P P
c c c c
P P P P
3
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160
161
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163
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165
166
167
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169
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172
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174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
Child care education centers in conjunction with
public or private elementary schools or churches
Churches
Clubs, private and/or athletic
Dwellings, attached (townhouses)
Dwellings, duplex
Dwellings, multiple-family
Dwellings, semidetached
Dwellings, single-family additions
Facilities for the production of live theater and
allied purposes including education in the theater
arts
Family care homes, foster homes or group homes
Fraternity and sorority houses, student centers and
student dormitories
Golf courses, nonilluminated, including par 3 but
not miniature, with a minimum area of 10 acres
Home occupation
Homes for the aged, disabled or handicapped,
including convalescent or nursing homes
Hospitals and sanitariums
Lodges for fraternal organizations
Marinas, noncommercial and community boat docks
Maternity homes
Mobile home parks
Museums and art galleries when not operated by a
public agency
Nurse's homes and similar housing for institutional
employees, monasteries and convents
Public parks, recreational areas, botanical and
zoological gardens and other public buildings and
uses
Public elementary, intermediate and high schools;
colleges and universities
Public utility installations and substations;
provided offices, storage or maintenance facilities
shall not be permitted; and provided, further, that
utilities substation so other than individual
transformers, shall be surrounded by Category V
screening, solid except for entrances and exits;
and provided also, transformer vaults for
underground utilities and the like shall require
Category I screening, solid except for access
openings
Private schools when having academic curriculums
similar to public schools
C
C
C
C
C
X
C
C
C
C
C
P
P
C
P
C
X
C
C
C
C
C
X
C
C
C
C
C
P
C
P
C
C
P
P
P
P
P
C
C
C
C
C
C
C
P
C
C
X
P
P
P
P
C
C
C
C
C
C
C
C
C
C
C
C
C
4
205
206
207
208
209
210
211
212
Recreation and amusement facilities of an outdoor
nature other than those specified as principal
uses, which may be partially or temporarily
enclosed on a seasonal basis, with the approval of
city council, except that riding academies and
recreational campgrounds shall not be allowed
Television or other broadcasting stations, cellular
telephone antenna and line-of-sight relay devices
C C C C
C C C C
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Adopted by the
this ~ day of
City Council of the City of Virginia Beach on
January 1996
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CA-6124
DATA/ORDIN/PROPOSED/501-601.ORD
NOVEMBER 3, 1995
R1
APPROVED AS TO CONTENT'
Phka~g/D$C Department
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
Item III-M.14~.(2)
PUBLIC HEARING
ITEM # 40294
PLANNING
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Chapter 33, ADD Section 33-114. 3 re Administrative approval of certain
encroachments in the B-3A Pembroke Central Business Core District
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert 32 Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy 32 Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
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AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 33
OF THE CITY CODE BY ADDING A NEW SECTION 33-
114.3, PERTAINING TO ADMINISTRATIVE APPROVAL
OF CERTAIN ENCROACHMENTS IN THE B-3A PEMBROKE
CENTRAL BUSINESS CORE DISTRICT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Chapter 33 of the City Code be, and hereby is, amended
and reordained by adding thereto a new Section 33-114.3, which
shall read as follows:
Sec. 33-114.3. A~ninistrative appgOV&l Of certain encroachments
vithin the B-3& pembroke Central Business Core
District,
Notwithstanding the provisions of section 33-114.1 of this
Code, the city manager or his desianee may. and is herebv vested
with the authority to, approve the encroachment, upon or over any
public street or sidewalk in the B-JA pembroke Central Business
Core District, of outdoor cafes or portions thereof or other
storefront uses, provided at least ten (10) feet of sidewalk width
with eight (8) or more feet of vertical clearance remains
unobstructed alona such eDcroachments. Such encroachments must
conform with all applicable ~oning and buildin~ codes, regulations
and standards.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 9 day of January , 1996.
WMM/ORDRES / 33-114. pro
R-3
September 18, 1995
APPROVED AS TO CONTENT
Planning Deparm~at
APPROVED AS TO LEGAL
l~-~nrtme, nt ot taw
Item llI-M. 14.c.
PUBLIC HEARING
ITEM # 40295
PLANNING
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council
DEFERRED INDEFINITEL Y:
Floodplain Regulations:
City Zoning Ordinance Sections 238, 240 and 1200 through
1206
Subdivision Ordinance Section 6.1
Site Plan Ordinance Section 5B (proposed new section)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert IC Dean, William W. Harrison, Jr., Barbara M.
Henley, Louis 1~ Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker,
Vice Mayor William D. Sessoms, Jr. and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Harold Heischober
January 9, 1996
Item III-N.
APPOINTMENTS
ITEM # 40296
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
HEALTH SERVICES ADVISORY BOARD
HUMAN RIGHTS COMMISSION
REVIEW ,4ND ,4LLOCATION COMMITTEE - (COIG)
SOUTHEASTERN H,4MPTON ROADS DISABILITY SERVICES BOARD
January 9, 1996
- 47 -
Item III-0,
UNFINISHED BUSINESS
ITEM # 40297
Councilman Dean referenced the Minutes of the Meeting of the Tidewater Transportation District
Commission, provided in City Council's FYI of December 13, 1995.
Councilman Dean referenced House Joint Resolution 656. Relative the funding mechanism for public
transportation, Councilman Dean was in support of a 2% tax on gasoline with a reduction in some other
areas. Councilman Dean understood this tax had risen to 4 1/2%.
Council Lady Henley advised The Study Commission did not have a quorum and was not able to make
any final decisions. Council Lady Henley advised City Council adopted a Resolution supporting a
dedicated funding source re public transportation on December 12, 1995, but no specific amount was
stated:
"That the Virginia Beach City Council respectfully request that the HJR
656 Sub-Committee recommend a stable and reliable dedicated funding
source for public transportation to be provided directly to Hampton
Roads Communities and that this stable and reliable dedicated funding
source be patterned after that authorized in the Northern Virginia
Transportation District and the Potomac-Rappahannock Transportation
District Commission."
January 9, 1996
Item 1V-P.
ADJOURNMENT
ITEM # 40298
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 5:35 P.M..
Beverl~ O. Hooks, CMC
Chief Deputy City Clerk
William D. Sessoms, Jr.
l~ce Mayor
Ruth Hodges Smith, CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 9, 1996
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE: January 9, 1995 B R C H R P E A
PAGE: I R R H E J N A S Y
B A D I O N O D R S H
A N E S B L N O K O O
AGENDA U C A O E E E R E M R
ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N
I/A REVIEW OF AGENDA
II/i11/ CERTIFICATION OF EXECUTIVE CERTIFIED 8-0 Y A Y Y A Y Y A Y Y Y
E SESSION
F/1 MINUTES January 2, 1996 APPROVED 7-0 Y A Y Y A Y Y A A Y Y
B
S
T
A
I
N
E
D
G AGENDA FOR FORMAL SESSION ADOPTED B Y C O N S E N S U S
H/I/ MAYOR'S PRESENTATION: ADOPTED 8-0 Y A Y Y A Y Y A Y Y Y
AND
1 RESOLUTION TO EXPRESS PRESENTED
APPRECIATION OF CITY COUNCIL TO BETH
BARBER
Former Beacon
Editor
J PUBLIC HEARING:
1 REAL/PERSONAL PROPERTY STATE/
LOC.ad. TAX EXEMPTIONS:
a Outreach for Christ, Inc.
K/1 Resolutions to support legislation
designating benevolent corporations re
real/pemonal property state/local tax
exemptions
a Conservation, Inc. ALLOWED 8-0 Y ^ Y Y ^ Y Y A Y Y Y
WITHDRAWAL
BY CONSENT
b Outreach for Christ, Inc. DEFERRED B Y C O N S E N S U S
INDEFINITELY
2 Resolution to request Planning ADOPTED 8-0 Y A Y Y A Y Y A Y Y Y
Commission study potential Land Use AS REVISED
Regulations for drive-through facilities/ to allow 180
report to City Council in 60 days days for
(Sponsored by Councilman Branch) Planning
Commission's
recommendation
/BY CONSENT
I/1 ordinance to AMEND Chapter 18 of the ADOPTED 9-0 Y A Y Y A Y Y Y Y Y Y
Code re BPOL License Tax
2 Ordinance appointing viewers in pe{ition ADOPTED 9-0 Y A Y Y A Y Y Y Y Y Y
of AMERICAN-OCEANIC COATINGS BY CONSENT
CORPORATION for closure of portion of
DuPont Circle - Ocean Park
(BAYSIDE BOROUGH)
ADO- RECESS TO EXECUTIVE SESSION APPROVED 9-0 Y ^ Y Y ^ Y Y Y Y Y Y
ADD- CERTIFICATION OF EXECUTIVE CERTIFIED 6-0 Y A A Y A Y Y A Y Y A
ON SESSION
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE: January 9, 1995 B R C H R P E A
PAGE: 2 R R H E J N A S Y
B A D I O N O D R S H
A N E S B L N O K O O
AGENDA U C A O E E E R E M R
ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N
M/1 Petition for closure of portion of Reliance ALLOWED 9-0 Y A Y Y A Y Y Y Y Y Y
Drive at International Parkway in petition ADDITIONAL
of BAY PROPERTIES (PRINCESS ANNE 180-DAY
BOROUGH) DEFERRAL
TO 07/09/96
BY CONSENT
2 Petitions of R LEWIS BOGGS for closure ADDED 8-0 Y A Y A A Y Y Y Y Y Y
(VIRGINIA BEACH BOROUGH): STAFF'S B
2 CONDITIONS/ S
a Portion of Baltic Avonue at Laskin Read/ APPROVED T
Holly Road SUBJECT TO A
COMPEANCE I
b Parcel 1 Alleyway between 29th/30{h BY 07/09/96 N
Streets E
D
c Parcel 2 Alleyway North of 27th Street
3 ELVIN/HESTER WATERFIELD Variance APPROVED 9-0 Y ^ Y Y A Y Y Y Y Y Y
to Sec 4,4(b) of Subdivision Ordinance all BY CONSENT
lots meet CZO at 2037 Munden Point
Road (PUNGO BOROUGH)
4 MICHAEIJPATRIClA NELSON Variance APPROVED/ 9-0 Y A Y Y A Y Y Y Y Y Y
to Sec 4.4(b) of Subdivision Ordinance all CONDITIONED
lots meet CZO at 2741 West Landing BY CONSENT
Road (PRINCESS ANNE BOROUGH)
5 ULTIMATE COUNTRY CLUB CUP: APPROVED 9-0 Y A Y Y A Y Y Y Y Y Y
indoor recreational facility at 5600 Virginia BY CONSENT
Beach Boulevard (BAYSlDE BOROUGH)
6 KEMPSVlLLE CONSERVATIVE APPROVED/ 9-0 Y A Y Y A Y Y Y Y Y Y
SYNAGOGUE CUP: child care center at CONDITIONED
952 Indian Lakes Boulevard BY CONSENT
(KEMPSViLLE BOROUGH)
7 STALLINGS OIL COMPANY CUP: APPROVED/ 8-0 Y A Y A A Y Y Y Y Y Y
gasoline pumps/car wash at Dam Neck CONDITIONED B
Road/General Booth Boulevard S
(PRINCESS ANNE BOROUGH) T
I
N
E
D
8 THOMAS H WlLKERSON CUP: bulk APPROVED/ 9-0 Y A Y Y A Y Y Y Y Y Y
storage 3565 Holland Reed CONDITIONED
(PRINCESS ANNE BOROUGH)
9 Application of City re Amendments to APPROVED 9-0 Y A Y Y A Y Y Y Y Y Y
CZO re Bed/Breakfast Inns: BY CONSENT
a Article 2/ADD Sec 225.1 re permitted
lodging rooms/accessory uses/
parking/sign requirements/information to
be submitted with conditional use permit
request
b Article 13 re light commercial uses within
Historic/Cultural Distric~ e.g. Bed/
Breakfast Inns/Antique Sales/Art
Gaileries/Specialty Shops
c Sections 111 and 232.1 re definition of
"Bed and Breakfast Inns"
10 JAHN W/LESLIE T SUMMS CUP: Bed APPROVED/ 9-0 Y A Y Y A Y Y Y Y Y Y
and Breakfast Inn at 4001 Church Point CONDITIONED/
Road (BAYSIDE BOROUGH) BY CONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
H
E 0 S
H I B T
A S E S R
DATE: January 9, 1995 B R C H R P E A
PAGE: 3 R R H E J N A S Y
B ^ D I O N O D R S H
A N E S B L N O K O O
AGENDA U C A O E E E R E M R
ITEM # SUBJECT MOTION VOTE M H N N R Y S F R S N
11 VIRGINIA BEACH INVESTMENT CO APPROVED/ 9-0 Y A Y Y A Y Y Y Y Y Y
Conditional COZ from B-2 to Conditional PROFFERED
A-24 on College Park Boulevar~Auburn
Drive (KEMPSVILLE BOROUGH)
12 JASON B COWAN COZ from A-18 to APPROVED 9-0 Y A Y Y A Y Y Y Y Y Y
R-5S at Lincoln Avenue/Alabama Avenue BY CONSENT
(PRINCESS ANNE BOROUGH)
13 FRANCISCUS CO INC Amendment to DEFERRED 9-0 Y A Y Y A Y Y Y Y Y Y
Green Run Land Use Plan re INDEFINITELY
REDESIGNATION of 7.5 acres from BY CONSENT
multiple family to commerc~l on Princess
Anne Road/South Independence
Boulevard (KEMPSVILLE BOROUGH)
14 Applications of the City:.
a City Code Amendments:
1 Article II/Chapter 30/Sec 30-16 re APPROVED 9-0 Y A Y Y ^ Y Y Y Y Y Y
borrow pits City St~ff to
further study/
come beck
within 120 days
2 Chap{er 33/ADD Sec 33-114.3 re APPROVED 9-0 Y A Y Y A Y Y Y Y Y Y
Administrative approval of certain
encroachments in B-3A Pembroke
Central Business Core District
b Amendments to CZO... APPROVED 9-0 Y ^ Y Y A Y Y Y Y Y Y
AS REVISED
1 Sections 111/227 to be consistent with
Chapter 30 of City Code re definitions of
borrow pits/City's withdrawal from
Mineral Mining Program
2 Sections 501/601 re use regulations for APPROVED 9-0 Y A Y Y A Y Y Y Y Y Y
fish ponds/hatcheries in residential/
apartment districts
c Floodplain Regulations: DEFERRED 9-0 Y ^ Y Y ^ Y Y Y Y Y Y
INDEFINITELY
1 CZO Sections 238/240/1200-1206
2 Subdivision Ordinance Section 6.1
3 Site Plan Ordinance Section 5B
(proposed new section)
N APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S
HEALTH SERVICES ADVISORY
BOARD
HUMAN RIGHTS COMMISSION
REVIEW' AND ALLOCATION
COMMITTEE (COIG)
SOUTHEASTERN HAMPTON ROADS
DISABIETY SERVICES BOARD
O/P/ ADJOURNMENT 5:13 PM
Q