JUNE 6, 2000 MINUTESCITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At. Large
VICE ,ILqYOR WILLIAM D. SESSOMS, JR., Ar-Large
JOHN A. BAUM, At-Large
LI.VWOOD O. BRANCtt, III, Dislrict 6. Beach
MARGARET L. EURE, D~stnce l-Ce,eerville
I%tTLLIAM I~: HARRISON, JR., District 5-Lvnnhaven
BARBARA M. HENLEI; District 7 -Princess Anne
LOUIS R. IONES District 4-Ba. vside
REBA S. McCL4NAN, District 3-Rose Hall
NANCY K. PARKER, At-l_~rgc
A.M (DONI WEEKS. District 2-Kempwille
JAMES K. SPORE, City Manager
LESLIE L. LILLE,; City .'lttorn,5'
RUTH HODGES-S3UTH City Clerk
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CFI"V IIALL BI;ILI)IN(; 1
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(757) 42()'56(~()
I:MAIL: CWcnc~at, iw. vi~JnicJ-I)t.t~ch, vtJ.IlX
June 6, 2000
CITY MANAGER' S BRIEFING
A. COUNCIL CHAMBER RENOVATIONS:
David M. Grochmal,
Director of General Services
- Conference Room -
11:30 AM
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
12:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Richard Yates
Beachlawn 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 CLOSED SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS
May 23, 2000
G. AGENDA FOR FORMAL SESSION
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.
H ORDINANCES/RESOLUTIONS
Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire
subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-
four (24) property owners, .(value of the property to be determined by fair market value
appraisal); the City shall retain the right to reserve a 20' drainage and utility easement.
Deferred:
May 23, 2000
Ordinance to AMEND the Agricultural Lands Preservation Ordinance to permit certain
uses as "agricultural" uses; redesignating the area of the city in which the Agricultural
Reserve Program applies; AMEND certain requirements re the repurchase of development
rights and exchange of easements; and, to make specific technical corrections.
Ordinance to APPROPRIATE $67,000 from the General Fund to provide an interest-free
loan to the Kempsville Volunteer Rescue Squad re a replacement ambulance.
Resolutions referring to Planning Commission proposed amendments re large retail
developments and to direct the Planning Commission to forward its recommendations
thereon to the City Council by July 14, 2000.:
Amendments to § 111, 901, 1511 and 1521 of the City Zoning Ordinance (CZO), and
adding a proposed new § 240.1
b. Amendments to the Comprehensive Plan re design guidelines
5. REFUNDS:
License - $79,518.29
Tax - $ 8,630.65
APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HAMPTON ROADS TRANSPORTATION DISTRICT
MINORITY BUSINESS COUNCIL
PERSONNEL BOARD
SHORE DRIVE ADVISORY COMMISSION
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMLYNITY DEVELOPMENT COMMISSION
J. UNFINISHED BUSINESS
K. NEW BUSINESS
ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED FROM
TUESDAY, JULY 4, 2000
TO:
WEDNESDAY JULY 5, 2000
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)
06/01/00slb
AGENDA\06/06/00
www.virginia-beach.va.us
CITY OF I/IRGINIA BEACH
SU,~LiL4RY OF COUNCIL ACTIONS
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DATE: May 23, 2000 R R E J L N A S W
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AGENDA M H E N Y S N F R S S
ITEM # SUBJECT MOTION VOTE
i/A BRIEFING: Arthur R. Shaw
Operations
DRAINAGE SOUTHER~ PART OF THE Engineer,
CITY Department of
Public Works
11/111/ CERTIFICATION OF CLOSED SESSION CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y
IV/V/
E
F MINUTES - Ma}' 9r 2000 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y
G/H/i PUBLIC HEARING: , No Speakers
EXCESS CITY OWNED PROPERTY: Fox
Fire Subdivision
1/i Ordinance DECLARING City r-o-w EXCESS/ DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y
at foxfir¢ AUTHORIZING convey same to 6/06/00 BY
adjacent 24 property owners/City retain fight to CONSENT
reserve 20' drainage/utili~ ¢~¢ment
2 LYNNHAVEN PARKWAY, PHASE IX: ADOPTED BY 1 i-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
a. Resolution locntion/dealgn Public Hearing
to requesl VDOT place aerial utilities
underground
b. Ordinance to AUTHORIZE advance
acquisition of property by purchase or
condemnation
c. Ordinance to ESTABLISH r-o-w between
Lishelle Place/Holland Road as
underground uffilty corridor
d. AUTHORIZE Dir. of Public Works execute
nccessaE/documents
3 Ordinance to AMEND § %50 of City Code REMOVED/ B Y C O N S E N S U S
adding provision four-wheeled bicycles in STAFF
resort area (4-15 thru 9-30) REVIEW/TO BE
RESCHEDULED
4 Ordinance to ABOLISH Erosion ADOPTED BY i 1-0 Y Y Y Y Y Y Y Y Y Y Y
Commission/REPEAL§ 6-16 thru § 6-165 of CONSENT
City Code/ESTABLISH Beaches and
Waterwa}'s Advisor~ Commission
$ Ordinance to AUTHORIZE encroachments ADOPTED .43 11-0 Y Y Y Y Y Y Y Y Y Y Y
into portion of city owned r-o-w 20' alley at CONDITIONED
1500 Atlantic Ave. for EWALBE re 2 security
~ates
6 Ordinance to TRANSFER $3,159 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Housing/Neighborhood Preservation to CONSENT
reimburse cl~ emplo}'ee legal fees/expenses
7 Ordinance to TRANSFER / APPROPRIATE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y y y
$660,535 to Court Service Unit rc Juvenile CONSENT
Detention Services/Group tIome Services
8 Resolution to temporarily change location of ADOPTED BY 10-I Y Y Y Y Y Y N Y Y Y Y
City Council meetings to School CONSENT
Adnflnistraflon Building
9 Resolution REFERRING to Planning Comm ADOPTED W/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
proposed amendments to § I 11 Article two of REVISED
CZO establishing design/standards for retail ORDINANCE
establlshmen~
J/I CAVALIER GOLF/YACHT CLUB closure ADOPTED/ 1 I-0 Y Y Y Y Y Y Y Y Y Y Y
of portion of Cardinal Road at Staffing Court CONDITIONED
(LYNNHAVEN - DISTRICT 5) BY CONSENT
2 CltARLES GJSUSAN L. BARKER closure ALLOWED I 1-0 Y Y Y Y Y Y Y Y Y Y Y
of portion of Southern Blvd. At Kentucky Ave. WITHDRAWAL
(ROSE HALL - DISTRICT 3)
3 JERROLD L. MILLER Variance to APPROVED BY i 1-0 Y Y Y Y Y Y Y Y Y Y Y
Subdivision Ordinance all lots meet CZO at CONSENT
1242 N. Inlynnview Rd. re reducing the width of
an existin[~ lot (LYNNHAVEN - DISTRICT 5)
4 BRENDA CUFFEE/ALBERT ROWSEY APPROVED/ 1 i-0 Y Y Y Y Y Y Y Y Y Y Y
Variance of Subdivision Ordinance re all lots CONDITIONED
have access to public street at Alberthas Dr. BY CONSENT
{LYNNHAVEN - DISTRICT 5}
CITY OF ~TRGINIA BEACH
SUM3L4R Y OF COUNCIL ACTION$
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DATE: May 23, 2000 B R H C R P E
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ITEM # SUBJECT MOTION VOTE
5 MILTON A. PALMER, SR., expanzlon of DEFERRED i 1-0 Y Y Y Y Y Y Y Y Y Y Y
nonconforming use at 309 Shipps Ln. INDEFINITELY
(BEACH - DISTRICT 6) BY CONSENT
6 J.aA~IES M ARNHOLD enlargement of APPROVED/ 10-i Y Y Y Y Y Y N Y Y Y Y
nonconforming 9se at Chesapeake Bay Shores CONDITIONED
(2414 Spinak~r Ct.) (LYNNHAVEN - BY CONSENT
DISTRICT 5)
7 RECONSIDERATION COZ lost to negative APPROVED/3.8 8-3 Y Y N Y Y Y Y N N Y Y
vote March 7, 2000. COLLETT PROFFERED/
PROPERTIES, INC./COLLETT Delete Proffer # 9/
CHESAPEAKE PARTNERS from B-2 to Additional
Conditional B-2 from I-1 to Conditional B-2 at provisions
Parker Ln./Va. Beach Blvd (BEACH - addressed during
DISTRICT 6) site plan review
8 WAWA, INC. CUP auto services (fuel salez) APPROVED/ I 1-0 Y Y Y Y Y Y Y Y Y Y y
with a convenience store at Rosemont Rd./ CONDITIONED
Sentara Way {ROSE HALL - DISTRICT 3) BY CONSENT
9 SPIRIT RENT A CAR, INC./CARTEMPS APPROVED/ I 1-0 Y Y Y Y Y Y Y Y Y Y Y
USA CUP motor vehicle renhal/l 16 S. CONDITIONED
Independence Blvd., Suite # 104 (ROSE HALL BY CONSENT
- DISTRICT 3}
I 0 JOHN DAVID VOGEL CUP: reer~ationai APPROVED/ 1 I-0 ¥ Y Y Y Y Y Y Y Y Y Y
facility corn maze at 2400 London Brdg. Rd. CONDITIONED
{BEACH - DISTRICT 6) BY CONSENT
I I CAPE HENRY COLLEGIATE SCHOOL APPROVED/ I 1-0 Y Y Y Y Y Y Y Y y Y y
CUP expansion ofprivate school at 1320 Mill CONDITIONED
Dam Rd. {LYNNHAVEN - DISTRICT 5) BY CONSENT
12 CITY to AMEND § 401 of COZ recreational APPROVED/ 1 I-0 Y Y Y Y Y Y y y y y y
and amusement in AG-I/AG-2 CONDITIONED
BY CONSENT
K APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S
ARTS AND HUMANITIES COMMISSION
HAMPTON ROADS PLANNING DISTRICT
COMMISSION
HAMPTON ROADS TRANSPORTATION
DISTRICT
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOARD
L/M/ ABSTRACT OF CIVIL CASES RESOLVED - ACCEPTED FOR B Y C O N S E N S U S
I APRIL, 2000 RECORDATION
2 Resolution AUTHORIZING/DIRECTING ADOPTED 1 I-0 Y Y Y y y y y y y y y
ADD City Manager/City Attorney take actions
ON necessa.,3, to upgrade conditions at Resort Area/
help council achieve goal of developing City
i,nto a Worid-Cla~a Resort destination
N ADJOURNMENT: 8:55 PM
CITY COUNCIL SESSIONS
RESCHEDULED FROM
TUESDAY, JULY 4, 2000
TO:
WEDNESDAY JULY 5, 2000
· JAIdES
CITY OF I~IRGINI,'I BEACH
SUMMARY OF COUNCIL ACTIONS
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DATE: June 6, 2000 R R E J L N A S W
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AGENDA M H E N Y S N F R S S
ITEM # SUBJECT MOTION VOTE
FA BRIEFING: David M.
orochmal,
COUNCIL CHAMBER RENOVATIONS Direx$or of
General S~rvie~
II/III/ CERTIFICATION OF CLOSED SESSION CERTIFIED 10ol Y A Y Y Y Y Y Y Y Y Y
F MINUTES - Ma}, 23, 2000 APPROVED ! 1-0 Y Y Y Y Y Y Y Y Y Y Y
G/H/i Ordinance DECLARING EXCESS property aDOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
at Fox Fire AUTHORIZING City Manager to
convey to 24 property owne~/retain right to
2 Ordinance to AMEND Agricultural Lands ADOPTED BY 10-1 y y y Y Y Y N Y Y Y Y
Preservalton Ordlmmce/AMEND CONSENT
requirements re repurchaze of devdopment
rlghts/exhange of easements/make technical
oorre~on-s
3 Ordinance to APPROFRIATE $67,000 to ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
provide interest-free loan to Kempsville CONSENT
Voluntt~r Rescue S_~'_'~d re -~'-
4 R~solution~ referring to Planning Comm. ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
Amendment re large retail developmenta/ CONSENT
rec, ommendatinns to Council by July 14, 2000
a. Amendmen~ to CZO
b. Amendments to Comp. Plan
5 REFUNDS: ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y
CONSENT
a. Licen~ - $79,518.29
b. Tax -$ 8,630.65
I M~POINTMENTS:
ADVERTISING AGENCY "Tourism" ADDED/ 1 !-0 Y Y Y Y Y Y Y Y Y Y Y
SELECTION COMMITTEE APPOINTED
Appointed: No term
Chaimum: RAC - WilliamRoundtte~,h.
President: VBH/MA - James H. Capl~
President: VBRA - Proton Midgett
Presider: VMSM FND- Thomas R, Frantz
Director: VMSM - C. Mac Rawla
Director: VBC&VD - James B. Rickets
ARTS & HUMANITIES COMMISSION APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Appointed: Rob~n~ N. Mdatti 2 yr. t~rm 7/1/00 -
6/30/02
Reappointed: Sharon. L. Fraim 2 yr. ~,tms 7/1/00 -
Manuel ~- Hipol M.D. 6/30/02
Elliott C. Jon~, M.D.
Sheila P. Price
John M. Ryan
Warren E. Sachs, D.D.S.
BEACHES & WATERWAYS COMM. RESCHEDULED B Y C O N S E N S U S
HAMPTON RDS. PLAN.DIST. COMM
HAMPTON RDS. TRANS. DIST.
MINORITY BUSINESS COUNCIL
PERSONNEL BOARD
REVIEW OF ALLOCATION COMM. (COIG) ADDED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y
APPOINTED
Appointed: Charles E. Flowera Unexpired term
thru 1/31/2002
Confrrmed: Maxtha J. Goodman, Ex Officio to rep. V.B.
Fo~_~_nclat~on
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
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DATE: June 6, 2000 R R E J L N A S W
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AGENDA M H E N Y S N F R S S
ITEM # SUBJECT MOTION VOTE
SHORE DRIVE ADVISORY COMM. APPOINTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
Appoin~d: Ronald C. Ripley, Planning 3 yr.
Commission Representative 7/1/00 - 6/30/00
for Bayside
Reappointed: Scott Ayers
Judith IC Connors
Daniel F. Crcedon
Erie Marie Latimer
Robert M. S~anton
TOWING ADVISORY BOARD RESCHEDUI-F-D B Y C O N S E N S U S
VA. BCH. COMM. DEV. COMM. APPOINTED i 1-0 Y Y Y Y Y Y Y Y Y Y Y
Appointed: Elsie M. Barnes Unexpired term
thru 12/20/2003
J/K Ordinanc~ to AMEND City Code § 2 - 4 re ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y
ADD Policc, Fire, Rescue adding Chaplain Aids
ON
ADD Workshop: June 20, 2000 RESCHEDULED
ON I~om 4pm-6pm to
10am - 12 noon
Place to be
announced
L ADJOURNMENT 3:22 pm
CITY COUNCIL SESSIONS
RESCHEDULED FROM
TUESDAY, JULY 4, 2000
TO:
WEDNESDAY JULY 5, 2000
PUBLIC NOTICE:
EFFECTIVE IMMEDIA TEL Y AFTER JUL Y 12, 2000:::
[due to the renovation of the City Council Chamber]
INFORMAL MEETINGS OF THE
CITY COUNCiL and PLANNING COMMISSION
will continue in the City Hall Conference Room, Building No. 1
FORMAL MEETINGS OF THE
CITY COUNCIL, PLANNING C034MISSION and WETLANDS
will be held in the SCHOOL BOARD MEETING ROOM,
Building No. 6
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 6, 2000
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re COUNCIL
CHAMBER RENOVATIONS in the Council Conference Room, City Hall Building, on Tuesday, June 6,
2000, at 1].'30 A.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara
M. Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
William IV. Harrison, Jr.
A. M. "Don" Weeks
[ENTERED: 11:47 A.M. / ATTENDING BANK
MEETING]
[ENTERED: 12:00 NOON]
[ENTERED: 12:55 P.M.]
Robert C. Mandigo, Jr., Councilman-Elect, Kempsville - District No. 2 was present for both the Informal,
Closed and Formal Sessions.
Rosemary Wilson, Council Member - Elect, At Large, was present for the Informal Session and then left the
Closed Session to attend the School Board meeting.
-2-
COMMENTS OF THE MAYOR
ll:30 A.M.
ITEM # 46673
Mayor Oberndorf referenced attending a Conference in Denver, Colorado, sponsored by Governing
Magazine. Mayor Oberndorf's expenses were provided by Governing Magazine. Mayor Oberndorf was
one of the principal speakers concerning Information Technology relative the City's E-Government. She
spoke with the former Mayor of Indianapolis, Indiana, and the Mayor of St. Paul, Minnesota. Mayor
Oberndorf was truly the only "non-techie" in attendance. The Governor of Colorado spoke concerning their
State's utilization of technology. [n Sweden, when an individual purchases a drink the machine recognizes
who you are and the drink is charged to your telephone bill. The Conference booklet will be available for
perusal in the Mayor's office.
ITEM # 46674
Mayor Oberndorf referenced the June 20, 2000. City Council Workshop. Two of the Council Members had
advised they would be unable to attend. Mayor Oberndorf requested this meeting be RESCHEDULED from
4:00 P.M. to 6:00 P.M. to I0.'00 A.M. to 12:00 NOON.
The City Manager referenced the principal item being the presentation of the updated Economic
Development Strategy Plan. The City Manager suggested the Development Authority Members attend. The
location will be determined and City Council advised..
B Y CONSENSUS, the City Council Workshop shall be SCHEDULED for 10:00 A.M. to 12:00 NOON, June
20, 2000. This Workshop shall be taped by Video Services.
June 6, 2000
-3-
CITY MANAGER'S BRIEFING
COUNCIL CHAMBER RENOVATIONS
11:33 A.M.
ITEM # 466 75
David M. Grochmal, Director of General Services, advised the City Council Chamber is 32 years old.
Asbestos was installed as fireproofing on the structure of the building when constructed. Renovations are
presently being conducted on the third floor and asbestos is being removed. The ceiling of the Council
Chamber has been failing for several years. It has been patched periodically and with tile repairs continues
to weaken. Last Fall, the staff noticed the ceiling had severely separated in several places. Above the ceiling
is the asbestos, which has delaminated and is now laying on top of the ceiling tiles, light fixtures and
speakers. Asbestos creates dangerous conditions and increases costs of all work involved. If the ceiling
should fail, then the room would be contaminated.
REASONS FOR RENOVATIONS
Ceiling is beginning to fail
Asbestos above ceiling makes work difficult
Poor lighting quality
Audience
TV Broadcast
Poor sound quality
Carpet (original still in City Council Chamber) and upholstery
showing significant wear
WHAT WILL BE DONE:
Asbestos removal
New ceiling and audience lights
New carpet, drapes, blinds and wall fabric
Re-upholster audience seating
Refinish woodwork as required
Upgrade sound system
New TV lights and camera
New staff work area with microphones
After an analysis of the existing cameras and lighting versus several alternatives for new lighting, it proved
to be the same cost to install new television cameras and lower level lighting on the City Council dais. This
would reduce by one-half the lighting that shines on City Council Members; however, it would increase the
quality of the television broadcast. For several years, there have been requests from the staffs of the different
departments supporting the City Council relative work space. Most modern areas are equipped with staff
tables. Additional speakers will improve the sound quality, both at the dais and in the audience.
Approximately 20years ago, there were lavalier microphones at the dais, which caused problems with the
wires being broken.
Mr. Grochmal displayed, through the utilization of powerpoint, concepts of the renovated City Council
Chamber. The firm of Waller, Todd and Sadler as Architects and Pace Colloborative, the Electrical
Engineers were engaged. The staff work area will encompass removing two rows of audience seating in the
front, right side. The back of the room depiction reflected the new coffered-drop ceiling in the center of the
room, which will provide formality. These are being installed in courtrooms. All of the light fixtures and
speakers will be housed within the individual coffers of the ceiling and be of the same color as the ceiling.
June 6, 2000
-4-
CITY MANAGER'S BRIEFING
COUNCIL CHAMBER RENO VA TIONS
ITEM # 46675 (Continued)
A view depicted the television recessed lighting on the dais. This type ofpendant lighting is being utilized
in the School Board room. Another view reflected the new carpet and general colors of the new seating. A
view directly from behind the Mayor's Chair depicted new curtains with valances, the carpet's new design
with a boarder, new seating covering, staff work area and ceiling.
The carpet throughout the entire City Hall building is to be replaced. Computer connections will be
established on the City Council dais. Conduits will be installed now within the Council Chamber for access
to the City's Internet. The City Attorney has requested this be placed at his seat, so he may utilize a lap top
during the City Council Session. Richard Dyer advised there will be LAN connections to each of the dais
locations, which will be in addition to the new Electronic Voting project.
Mr. Grochmal noted the carpet will be multicolored and the seating selected to match the carpet selection
will be predominately blue with purples and grey.
Chuck Davis, Director - Building Maintenance, advised, because of the HVAC upgrade, there should be
consistent temperatures in the City Council Chamber.
Assurances of the quality of sound will be provided.
Mr. Grochmal referenced the Engineer's estimate for the refurbishing of City Council Chamber is
$360,000.
June 6, 2000
-5-
AGENDA RE VIEW SESSION
12:05 P.M.
ITEM # 46676
H. 1
Ordinance DECLARING certain City right-of-way EXCESS
property at Fox Fire subdivision and AUTHORIZING the City
Manager to convey same to the adjacent twenty-four (24)
property owners, (value of the property to be determined by fair
market value appraisal); the City shall retain the right to reserve
a 20' drainage and utility easement.
Council Lady Henley advised she had not heard from the President of the Fox Fire Civic League. However,
the City staff has met with the residents. The residents adjoining the park still desire to purchase the excess
property; however, the Parks and Recreation Commission recommend the property only be conveyed to 24
land owners rather than all of the 31 owners who had petitioned the City to purchase this property. The
areas adjacent to seven of the lots nearest the City Park are not recommended as EXCE$S property to
provide the public area to be as large as possible and to provide access to this public area from Esplanade
Drive. Approximately $20,000 is projected to be gained from the sale of these parcels which funds will be
utilized to clean-up the area.
ITEM # 46677
1-1.2
Ordinance to AMEND the Agricultural Lands Preservation
Ordinance to permit certain uses as "agricultural" uses;
redesignating the area of the city in which the Agricultural
Reserve Program applies; AMEND certain requirements re the
repurchase of development rights and exchange of easements;
and, to make specific technical corrections.
Council Lady Eure referenced the proposed Ordinance Amendments. Council Lady Eure requested an
explanation of the last sentence in Section 6: "The City Council has complete control over the decision
whether or not to extend an offer to any applicant;for that reason, there is no need of a legal nature to
impose a cap on the per-acre amount of any purchase in order to keep the Program solvent."
Assistant City Attorney Macali advised one issue City Council is attempting to resolve is whether or not
there should be a "cap" on the total amount of per acre price which could be offered for parcels. In the
meantime, the issue involves the area in which the ARP program is applicable. Because the Comprehensive
Plan has changed from Transition Area 1, 2 and 3 to just a Transition Area, the terminology in the
Ordinance has to be changed. In order that City Council is not forced into the decision as to whether or not
to maintain a cap, the staff is just changing the terminology, but keeping the area the same. This Ordinance
further clarifies that City Council will be able to decide whether or not to cap an offer on a case-by-case
basis. Basically, the staff is just trying to preserve City Council's options on each individual offer.
Council Lady McClanan will vote a VERBAL NAY on this item.
ITEM # 46678
H. 4 Resolutions referring to Planning Commission proposed
amendments re large retail developments and to direct the
Planning Commission to forward its recommendations thereon
to the City Council by July 14, 2000.:
a. Amendments to 3~ 111, 901, 1511 and 1521 of the City Zoning
Ordinance (CZO), and adding a proposed new 3q 240.1
b. Amendments to the Comprehensive Plan re design guidelines
Council Lady Henley referenced the two "big boxes ", the Home Depot and the WalMart to be constructed
in the Red Mill area. Council Lady Henley had been under the impression these were backed up against
Ferrell Parkway; however, these buildings are up-front adjoining Princess Anne Road, directly across
Newstead Road, which is a residential street. There are very nice homes along Newstead. Council Lady
Henley distributed depictions for City Council's information. Council Lady Henley referenced the previous
recommendation of Council Lady McClanan to consider large retail establishments as conditional uses. If
those uses had been approved when first proposed, this situation could have been alleviated.
June 6, 2000
-6-
AGENDA RE VIEW SESSION
ITEM # 46678 (Continued)
Councilman Branch also referenced the suggestions of Joe Taylor, Vice President - Taylor's Do It Center,
and requested the Planning Commission research these suggestions. Robert J. Scott - Director of Planning,
will advise the Commission.
ITEM # 46679
City Attorney Les Lilley referenced an ADD-ON to the Agenda:
Ordinance to AMEND and REORDAIN 3~ 2 - 4 of the City Code pertaining
to Recognition of Police, Fire Companies and Rescue Squads as part of
public safety program by ADDING Chaplains' aides and making
housekeeping changes.
The Chaplains' aide positions are not covered under the Workmen's Compensation Act. This Amendment
will add these positions on line 44 and 45 of the Ordinance. The other changes in said Ordinance are just
housekeeping changes reflecting the names of the various Rescue Squads.
ITEM # 46680
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES/RESOL UTIONS
H. 1
Ordinance DECLARING certain City right-of-way EXCESS
property at Fox Fire subdivision and AUTHORIZING the City
Manager to convey same to the adjacent twenty-four (24)
property owners, (value of the property to be determined by fair
market value appraisal); the City shall retain the right to reserve
a 20' drainage and utility easement.
H. 2
Ordinance to AMEND the Agricultural Lands Preservation
Ordinance to permit certain uses as "agricultural" uses;
redesignating the area of the city in which the Agricultural
Reserve Program applies; AMEND certain requirements re the
repurchase of development rights and exchange of easements;
and, to make specific technical corrections.
11.3
Ordinance to APPROPRIATE $67, O00 from the General Fund
to provide an interest-free loan to the Kempsville Volunteer
Rescue Squad re a replacement ambulance.
H. 4
Resolutions referring to Planning Commission proposed
amendments re large retail developments and to direct the
Planning Commission to forward its recommendations thereon
to the City Council by July 14, 2000.:
a. Amendments to ~ 111, 901, 1511 and 1521 of the City Zoning
Ordinance (CZO), and adding a proposed new ~ 240.1
b. Amendments to the Comprehensive Plan re design guidelines
H. 5 REFUNDS:
a. License- $79,518.29
b. Tax - $ 8,630.65
June 6, 2000
-7-
CITY COUNCIL COMMENTS
12:13 P.M.
ITEM # 46681
Council Lady Henley advised as per the request of the Manager of the Back Bay Wildlife Refuge, she will
be presenting to City Council the Annual Revenue Sharing Payment "in lieu of taxes".
ITEM # 46682
Council Lady Henley advised tonight, June 6, 2000, is the last Public Meeting on the Open Space Plan,
which is scheduled for the Pavilion from 7:00 P.M. - 9:00 P.M. The DRAFT Open Space Plan will be
distributed to those present. Council Lady Henley expressed appreciation to the stafffor their extraordinarily
hard work.
ITEM # 46683
Council Lady Henley advised she had been approached by residents of Atwoodtown Road (Lago Mar and
the Lotus Creek Subdivisions) who have prepared a package for distribution to City Council relative the
Floodplain variance for Lotus Creek Associates. This letter is to request City Council re-evaluate its
January 4, 2000, decision to grant a floodplain variance to Lotus Creek Associates. The residents have
documented and witnessed possible wetland violations in the Lotus Creek Development. City staff and
Environmental Agencies have been notified. Council Lady Henley distributed photographs. There has been
no public posting of a "Floodplain Variance" sign. At no time during City Council's recent consideration
of the Floodplain variance on three separate dates of September 28, 1999, November 23, 1999, and January
4, 2000, was a sign posted on Atwoodtown Road notifying residents of a variance application to amend
section 5B of the Floodplain Regulations. Therefore, the residents did not have the opportunity to appear
before City Council when Lotus Creek Associates requested this Variance. The residents are concerned
relative the creation of a subdivision which will be continuously flooded. The Atwood grave sites have also
been disturbed. A petition containing the signatures of 57 residents supporting the correspondence of the
residents of Lago Mar and Lotus Creek is hereby made a part of the record. Correspondence from the
Department of Environmental Quality is also made a part of the record. The residents were assured of a
Public Hearing on June 28, 2000, by the Department of Environmental Quality; however, later
correspondence indicates a Public Hearing might not be scheduled.
Councilman Branch advised there will be additional impervious service which will make the flooding
situation even worse
The City staff will address same. The City Manager will review and advise. In terms of the roads and
building sites, the actual construction process is the responsibility of the City. A report will be presented
to City Council relative the status of this project.
ITEM # 46684
Council Lady Eure requested an appropriate Ordinance to transfer the funding for the Lake James drainage
problem be scheduled for a future City Council Session.
The City Manager expressed concern relative this process of changing the Operating Budget when it was
just adopted and does not take effect until July First. The City Manager will review and advise.
ITEM # 46685
Council Lady Parker referenced correspondence from the Birdneck Civic League and their concerns
relative the Phase H-Lynnhaven Parkway design. Mayor Oberndorf advised the Civic League did not wish
the lO-foot sound walls, a high rate of speed on the Street and they do not want the Street.
Council Lady Eure referenced the attendance of 180 individuals last evening, June 5, 2000, at a meeting
held jointly by the Brigadoon and Charlestown Civic Leagues. The residents had their own survey, in
addition to the requested surveys for VDOT. However, at the VDOT Hearing, only 18 were in attendance.
A summary of the surveys will be compiled and evaluated by VDOT. The City staffwill also evaluate the
surveys and determine if there is an alternative. The Sound Walls are optional. Once all the information is
assimilated, Council Lady Eure will meet with City Staff. Council Lady Eure advised it is common
knowledge the roadway is going through. The question is how.
June 6, 2000
OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757} 427-4135
TDD (757) 427-4305
June 12, 2000
City of Virginia
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
The Honorable Meyera E. Obemdorf and
Members of Council
RE: Lake James Project (CIP 7-018)
Dear Mayor and Members of Council:
Attached is a memo from Dean Block outlining Public Works' plan of action for the Lake James
Project.
Public Works will also contact the Lake James Civic League and provide the project information.
Please let me know if you require any additional information.
With Pride in our City,
JKS/MAJ/po
Attachment
cc: Dean Block
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and (~Quality in the Public Sector.
(lTV 01: ¥1 GINII:I 1:,q(11:
C:O UNII'Y FOR A I. IF :TI I
Department of Public Works
Municipal Center
Virginia Beach, Virginia 221456-9041
Ph: (757) 427-4167 FAX} (757) 426-5783
Date: June 12, 2000
To: James K. Spore
From: E. Dean Block
Subject:
Lake James Project (CIP 7-018)
In response to the Council Comments this week we have reviewed the Lake James Project schedule
and taken action to accelerate its completion. As background, the Lake James Project was added
to the Storm Water CIP as part of the CIP reconciliation with funding in the FY 2001-02 fiscal year
at $220,000. The scope of the project is to construct a bypass canal from the inflow and outflow
points at Lake James. The purpose of the bypass canal is to allow the daily low water flows from the
upstream land use to flow past Lake James and not enter the lake. Over the past years Public Works
has been working with the Lake James CMc League discussing the water quality of the lake. As you
may know, the Civic League employed an internationally recognized independent consultant to study
their concerns. Public Works had previously completed a drainage study to size the canal, which the
Lake James Civic League's consultant concurred with the bypass canal concept and size.
The project requires design completion, environmental permitting, and construction document
preparation before construction can commence. From our experience working with the regulatory
agencies to obtain permits, and including the design and contract preparation time, we know that
approximately one year is needed to be ready to advertise for construction. This is an external reality
beyond our control, and impacts all stormwater projects. This places the earliest possible construction
start in FY 2001-02 regardless of how much construction funding is available at this time. To achieve
this accelerated construction schedule and maintain project momentum, Public Works has reallocated
work assignments and will request an approximate $25,000 internal budget transfer to complete the
design, commence the permitting request process, and prepare the construction documents with in-
house forces this year. Dependent on permit request results, we expect to accelerate construction
start to FY 2001-02. In view of this, movement of the CIP funds fi.om FY 2001-02 into FY 2000-01
is not required as recommended.
In addition, Public Works/Operations is currently cleaning the outlet canal from Lake James to Indian
River Road to provide optimum flow of storm water during storm events.
James K. Spore
June 12, 2000
Page 2
Public Works will inform the Lake James Civic League of the City's plan of action.
Please let me know if any additional information is required.
Public Works Director
EDB/MAJ/po
cc: John W. Herzke
-8-
CITY COUNCIL COMMENTS
ITEM # ,16686
Mayor Oberndorf referenced a concern from a citizen relative the side of Home Depot's building on
Princess Anne Road appeared to be too close to the road. City Staff has reviewed the approval of this
application and Home Depot has not violated any stipulations in their construction. There will be fifieen feet
of vegetation to buffer this side of the site.
June 6, 2000
-9-
ITEM # 46687
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, June 6, 2000, at 12.'38
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
A. M. "Don" Weeks
June 6, 2000
- 10-
ITEM # 46688
Vice Mayor Sessoms, entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion , consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit:
Annual Review of Council
Boards and Commissions:
Advertising Agency Selection Committee
Arts and Humanities Commission
Beaches and Waterways Commission
Community Review and Allocation Board
Hampton Roads Planning District Commission
Hampton Roads Transportation District
Health Services Advisory Board
Minority Business Council
Personnel Board
Shore Drive Advisory Commission
Social Services Board
Towing Advisory Board
Virginia Beach Community Development Corporation
Appointees.
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition of
publicly-held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.1-344(A)(3).
To-Wit Acquisition - Centerville District
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, where such consultation or briefing in open meetings would
adversely affect the negotiating or litigatingposition of the public body and
consultation with legal counsel employed or retained by a public body
regarding specific matters requiring the provision of legal advice by such
counsel pursuant to Section 2.1-344(A)(7).
To- Wit:
FLSA Cases
Michael T. Carey and Lewis Thurston v. City of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into
CLOSED SESSION.
Voting: 1 O- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
A. M. "Don" Weeks (arrived at 12:55 P.M.)
(Time of Closed Session: 12:40 P.M. to 2:25 P.M.)
June 6, 2000
-Il-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
June 6, 2000
2:35 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 6, 2000, at 2.'35 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William
D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
None
INVOCATION:
Reverend Richard Yates
Retired
Beachlawn Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia Bank disclosed there were no other 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 Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not
know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter
of January 4, 2000, is hereby made a part of the record.
June 6, 2000
Item V-E.
-12-
CERTIFICATION OF
CLOSED SESSION
ITEM # 46689
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
CLOSED 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 Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 1 O- 0
Council Members Voting Aye:
John A. Baum, Margaret L. Eure, William W. Harrison, Jr., Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and A. M. "Don"
Wee~
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
June 6, 2000
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 46688, Page 10, 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 Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
l~uth Hodges~Smith-~MMC
City Clerk
June 6, 2000
- 13-
Item V-F. 1.
MINUTES
ITEM# 46690
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of May 23, 2000.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
-14-
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 46691
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following shall be ADDED TO THE AGENDA:
Ordinance to AMEND and REORDAIN ~ 2 - 4 of the City Code
pertaining to Recognition of Police, Fire Companies and Rescue Squads
as part of public safety program by ADDING Chaplains' aides and
making housekeeping changes
June 6, 2000
- 15-
V-G. 2.
PRESENTATION
ITEM # 46692
Council Lady Henley advised the Manager of the Back Bay Wildlife Refuge would be out of the City and
requested she deliver the check to the City of Virginia Beach for the Fiscal Year Revenue Replacement.
Council Lady Henley read into the record accompanying correspondence
During the recent series of public meetings hosted by the City of Virginia Beach regarding the preservation
of Open Space, citizens expressed concerns relative the loss of revenue from removing open space form the
tax base. The U.S. Fish and Wildlife Service and the United States Congress established the Refuge
Revenue Sharing Act to expressively address these types of concerns. Under the Refuge Revenue Sharing
Act, localities like Virginia Beach receive an annual share payment to help compensate for the revenue that
would have been collected from taxes if Refuge Land were in private ownership. The Revenue Sharing Fund
consists of net income from the sale of products or privileges within the National Wildlife Refuge system.
Typically revenue sharing payments are based on 3/4 of l % of the fair market value of the land. However,
since there has been insufficient funds in the revenue sharing account since the early 1980s, Congress has
been authorized to use appropriated funds to make up the difference. Congress decides the actual amount
of the payment each year. During the period for Fiscal Year 1990 thru Fiscal Year 1999, the City has
received $2,342,715 in revenue sharing payments.
Council Lady Henley presented the Annual Revenue Sharing Payment "in lieu of taxes' in the amount of
$185,025, from the U.S. Fish and Wildlife Service.
June 6, 2000
-16-
ORDINANCES/RESOL UTIONS
ITEM # 46693
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED
APPROVED, B Y CONSENT, Items 2, 3, 4 and 5 of the CONSENT AGENDA.
Voting: ! I- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a Verbal Nay on Item H.2.
June 6, 2000
-17-
V-H. 1.
ORDINANCES/RESOL UTIONS ITEM ii 46694
The following registered to speak in SUPPORT:
Rick Murphy, 2436 Esplanade Drive, Phone: 468-2496
Bonnie Garin, 2441 Esplanade Drive, Phone: 430-1066
The following registered to speak in OPPOSITION:
Doug Hovermale, 2341 Esplanade Drive, Phone: 430-0668
Upon motion by Council Lady Henley, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance DECLARING certain City right-of-way EXCESS property
at Fox Fire subdivision and AUTHORIZING the City Manager to
convey same to the adjacent twenty-four (24) property owners, (value of
the property to be determined by fair market value appraisal); the City
shall retain the right to reserve a 20' drainage and utility easement.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
1
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3
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AN ORDINANCE DECLARING CERTAIN
PROPERTY EXCESS AND AUTHORIZING
CITY MANAGER TO' CONVEY SAME TO
THE ADJACENT TWENTY-FOUR (24)
OWNERS.
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WHEREAS, the City of Virginia Beach acquired ownership of the hereinafter
described property by deed recorded in Deed Book 2417, at page 1540; and
WHEREAS, the City Council is of the opinion that the property is in excess
of the needs of the City of Virginia Beach and should be sold to the adjacent twenty-four (24)
landowners;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the following described property is hereby declared to be in excess
of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to
convey the property to the adjacent twenty-four (24) landowners. The following property
shall be sold and is more particularly described as follows:
All that certain lot, piece or parcel of land situate in the Princess
Anne Borough of the City of Virginia Beach, Virginia, and
designated and described as "PROPERTY TO BE DECLARED
EXCESS OF THE CITY'S NEEDS SHOWN ON ATTACHED
DRAWING MARKED EXHIBIT "A" a copy of which is
attached hereto as Exhibit A.
IT BEING the same property conveyed to Grantor by deed dated
April 18, 1985, and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Deed Book
2417, at Page 1540.
2. The value of the property will be determined by a fair market value
appraisal and said amount is to be the sale price of the subject property. The City shall retain
2 9 the right to reserve a 20' drainage and utility easement over the land and such other property
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day of
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 6
June 2000.
,
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CA-
ORDIN~NONCODE
R-1
PREPARED: April 14, 2000
APPROVED AS TO CONTENT
P~lic Works
APPROVED AS TO LEGAL
SUFFICIENCY ~~
Department of Law
'15
PROPOSED BIKE ROUTES
WEST NECK CREEK
AREA
SCALE 1" - 1,600'
MAY 2, 2000
~ PROPOSED BIKE
--, m ,-,, 66' STRIP SOLD
66' STRIP OWNED
~ BY CITY
I
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PUBLIC HEARING
SALE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING on the sale of a 66'
abandoned railroad right of way of City owned property, Tuesday, May 23, 2000 at 6:00 PM
in the City Council Chamber. The property is located through the Fox Fire Subdivision
adjacent to Lots 199 through 211, Lots 229 through 233, Lots 262 through 270, Lots 279,
280, 299, and 300. The purpose of this hearing will be to obtain public input to decide
whether this property should be declared "Excess of the City's Needs", and sold.
Any questions concerning this matter should be directed to the Department of Public Works,
Real Estate Division, 2405 Courthouse Drive, Virginia Beach, VA 23456. The telephone
number for the Real Estate Agent handling this matter is (757)427-4161. If you are
physically disabled, or hearing or visually impaired, and you need assistance at this meeting,
please call (757)427-4305 Voice/TDD.
Ruth Hodges Smith, CMC/AAE
City Clerk
THE BEACON MAY 14, 2000
PUBLIC HEARING
SALE OF CITY PROPERTY
The Virginia Beach City Council will hold a PUBLIC HEARING on
the sale of a 66' abandoned railroad right of way of City owned
property, Tuesday, May 23, 2000, 6:00 PM in the City Council
Chamber. The property is located through the Fox Fire Subdivision
adjacent to Lots 199 through 211, Lots 229 through 233, Lots
262 through 270, Lots 279, 280, 299, and 300. The purpose of
this hearing will be to obtain public input to decide whether this
property should be declared "Excess of the City's Needs", and
sold.
Any questions concerning this matter should be directed to the
Department of Public Works, Real Estate Division, 2405 Court-
house Drive, Virginia Beach, VA 23456. The telephone number for
the Real Estate Agent handling this matter is (757) 427-4161. If
you are physically disabled, or hearing or visually impaired, and
you need assistance at this meeting, please call (757) 427-4305
Voice/TDD. Ruth Hodges Smith, MMC
City Clerk
- 18-
V-H.2.
ORDINANCES/RESOL UTIONS
ITEM it 46695
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to AMEND the Agricultural Lands Preservation Ordinance
to permit certain uses as "agricultural" uses; redesignating the area of
the city in which the Agricultural Reserve Program applies; AMEND
certain requirements re the repurchase of development rights and
exchange of easements; and, to make specific technical corrections.
Voting:
lO-1 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
Reba $. McClanan
Council Members Absent:
None
June 6, 2000
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AN ORDINANCE TO AMEND THE AGRICULTURAL LANDS
PRESERVATION ORDINANCE BY PERMITTING CERTAIN
USES AS "AGRICULTURAL USES," REDESIGNATING THE
AREA OF THE CITY IN WHICH THE AGRICULTURAL
RESERVE PROGRAM APPLIES, AMENDING CERTAIN
REQUIREMENTS REGARDING THE REPURCHASE OF
DEVELOPMENT RIGHTS AND EXCHANGE OF EASEMENTS,
AND MAKING CERTAIN TECHNICAL CORRECTIONS
Sections Araended: Agricultural Lands
Preservation Ordinance Sections 3, 4, 6, 7, 8,
9, 10, 11, and 12
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 3, 4, 6, 7, 8, 9, 10, 11, and 12 of the
Agricultural Lands Preservation Ordinance be, and hereby are,
amended and reordained to read as follows:
Sec. 1. Title.
This Ordinance shall be known as the "Agricultural Lands
Preservation Ordinance of the City of Virginia Beach."
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Sec. 2. Purpose.
The purpose of this Ordinance is to promote and encourage the
preservation of farmland in the rural southern portion of the City,
where agricultural uses predominate, by means which are voluntary,
rather than regulatory. The preservation of farmland will promote
and enhance agriculture as an important industry which contributes
to the maintenance of a diverse and healthy local economy. In
addition, the preservation of farmland will:
(a) Preserve the rural character of the southern portion of
the City;
(b) Conserve and protect environmentally sensitive lands,
waters and other resources;
(c) Reduce and defer the need for major urban infrastructure
improvements in the southern portion of the City and the
expenditure of public funds for such improvements;
(d) Preserve open space; and
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(e)
Assist in shaping the character, direction and timing of
community development.
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Sec. 3. Findings.
Agriculture is an integral component of the City's economy.
Agriculture, tourism and the military are the three ~ major
industries in Virginia Beach, and maintaining the continued
vitality of all three ~ is necessary in order to achieve and
preserve a balanced tax base and a diverse, healthy economy
benefitting all of the citizens of the City.
Agriculture is more, however, than just an important facet of
the City's economy. It is an equally important part of the City's
cultural heritage, having existed, and flourished, in Virginia
Beach for more than three ~ centuries. Just as agriculture
contributes to the diversity of the City's economy, so does it
contribute to the diversity of the City's character.
Notwithstanding the economic and cultural importance of
agriculture, its continued viability in Virginia Beach is unsure.
The amount of farmland within the City, both north and south of the
Green Line, has dwindled from approximately fifty-one thousand
(51,000) acres in 1982 to about thirty thousand (30,000) acres in
1993. More farmland is converted to residential and other
nonagricultural uses every year. Because of the fundamental
incompatibility between agricultural and residential uses, as more
and more farmland is converted to residential subdivisions, farmers
are often forced to alter or cease certain practices, to the
detriment of their businesses, or are discouraged from making
investments in farm improvements, or both. The result is the
decline of agriculture.
As the Comprehensive Plan recognizes, effective and
affirmative agricultural preservation strategies must be
implemented. Agricultural preservation is an important economic,
environmental, land use, and cultural issue.
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Sec. 4. Definitions.
(a) Accessory use means a use which is clearly incidental to,
and customarily found in connection with, the principal use of the
same parcel or group of contiguous parcels under common ownership
and operated as an agricultural enterprise.
(b) Agricultural land preservation easement or preservation
easement means a nonpossessory interest in land, perpetual in
duration, pursuant to which the exercise of development rights on
the subject property is prohibited.
(c) Agricultural support service means a commercial operation
upon which the agricultural industry generally depends. The term
includes, but is not limited to, suppliers of fertilizer, seed and
plant protection products, equipment dealers and large-scale buyers
of farm products.
(d) Agricultural use means the bona fide production of crops,
animal or fowl, including, but not limited to, the production of
fruits, vegetables, honey, grains, meat, poultry and dairy
products; the raising of livestock and poultry; and the production
and harvest of products from horticultural, silvicultural or
aquacultural activity. The term also includes (i) the repair,
expansion or replacement of no more than one (1) bona fide dwelling
occupied by the landowner or tenant as of the date of application
for entry in the agricultural reserve program and no more than one
(1) freestanding mobile home, as permitted by Section 19-19 of the
City Code;--a~d (ii) accessory or conditional uses directly related
to agricultural activities conducted on the same property,
including the sale of agricultural products permitted by Section
401(b) of the City Zoning Ordinance and doq kennels, riding
academies, horses for hire or boardinq of horses allowed under
Section 401(a) of the City Zoninq Ordinance; (iii) recreational and
amusement activities allowed under Section 401 (c) of the City
Zoninq Ordinance; and (iv) septic tanks and drainfields approved by
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the Health Department and which cannot be located within an area
not encumbered by an aqricultural land preservation easement.. The
term does not include the processing of agricultural,
silvicultural, horticultural or aquacultural products, except as an
accessory use.
(e) Animal unit, as used in the farmland ranking system,
means a unit of measurement equal to one thousand (1,000) pounds of
live body weight of livestock.
(f) Batch means a grouping of contiguous parcels for purposes
of making application for the sale of development rights.
(g) City attorney means the city attorney or his designee.
(h) City manager means the city manager or his designee.
(i) Commission means the agricultural advisory commission.
(j) Development right means the right to develop property for
any use other than an agricultural use. The term includes, but is
not limited to, the right to develop property for any commercial,
industrial or residential use except as expressly permitted by this
Ordinance.
(k) Director means the director of the department of
agriculture or his designee.
(1) Farmland ranking system or system means the formula by
which applications for the sale of development rights are ranked in
order of priority of acquisition of such rights.
(m) High-value crops means crops which require intensive
management and greater than normal inputs. Examples include, but
are not limited to, strawberries, blackberries, sweet corn, sweet
potatoes, tomatoes, lima beans, green beans, pumpkins, watermelons,
cantaloupes and Christmas trees.
(n) Landowner means the equitable owner of the fee simple
title to a parcel of land or, with respect to a parcel not
encumbered by a deed of trust or mortgag%, the legal owner of such
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title. Where more than one person or entity is the legal or
equitable owner, the term refers to all such persons jointly.
(o) Parcel means a lot or tract of land, lawfully recorded in
the clerk's office of the circuit court of the City of Virginia
Beach.
(p) Program means the
established by this Ordinance.
agricultural reserve program
(q) Significant timber harvest means a merchantable harvest
for the commercial market. The term does not include minor harvests
for such things as firewood, poles, posts, blind material or
greenery.
Sec. 5. Agricultural reserve program.
There is hereby established the agricultural reserve program
of the City of Virginia Beach, which shall be a program by which
the City acquires, in accordance with the provisions of this
Ordinance and to the extent of available funding, the development
rights on eligible parcels of farmland in the areas of the City
described in section 6. The acquisition of development rights
shall be accomplished by the purchase of agricultural land
preservation easements upon such parcels. In conjunction with the
program, the city manager is hereby authorized and directed to
establish, subject to the approval of the city council and
applicable requirements of law, methods of payment for such
easements, including, but not limited to, incurring long-term
obligations in the nature of installment purchase agreements
pursuant to which the City pays to the landowner interest only on
an annual basis for a period of years and principal at the
expiration of such period.
Sec. 6. Applicability.
(a) The agricultural reserve program shall apply in that
portion of the City~ ................... ~=~ ~= G~een Line, ~o-- delineated on
the map entitled "AREA OF APPLICABILITY, AGRICULTURAL RESERVE
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PROGRAM," dated June 2000, which map is on file in the Department
~-- the Comprehensive ..... except in those areas
of Aqriculture, ~, ~
d--~nated therein ......... ~=~ ....... i ................. Area ~T and
~ under the ownership or control of the United States of
America or the Commonwealth of Virginia, or an agency or
instrumentality thereof.
(b) Nothing in this Ordinance shall be construed as a
limitation upon the City's authority to acquire land for public
purposes other than those set forth in this Ordinance.
Sec. 7. Eligibility criteria.
Preservation easements may be purchased only upon pz~rct~-~
property meeting all of the following criteria:
(a) The ~ property shall be no less than ten (10) acres
in area, or be included in a batch in which the combined
area of contiguous ~ property is no less than ten
(10) acres in area.
(b) The ~ property shall be wholly located within a
residential zoning district, an AG-1 or AG-1 Agricultural
District or a P-1 Preservation District, or any
combination of such zoninq districts;
(c) The p~wt~r property shall be capable of being subdivided
or developed for nonagricultural uses without the
approval of the city council;
(d) The p~rt-e-~ property shall be located within that portion
of the city described in Section 6;
(e) The ~ property shall not contain any land required
to be reserved or set aside for open space, recreation or
similar purposes pursuant to the provisions of a
conditional use permit, conditional zoning agreement,
subdivision variance, or other action by the city
council~ or any ordinance or regulation;
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(f) No uses or structures, other than those permitted by
preservation easements, shall be located upon the p~ce~r
property; and
(g) No portion of the ~ property shall contain any of
the following soil types:
(2)
(3)
(4)
Back Bay Mucky Peat;
Dorovan Mucky Peat;
Nawney Silt Loam; or
Pamlico Mucky Peat, Ponded.
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Sec. 8. Application; evaluation.
(a) Applications to sell development rights shall be on a
form prescribed by the director and shall be signed by the
landowner and submitted to the director. The director may require
supporting documentation, including deeds, surveys or other legal
instruments, to be submitted with the application. A landowner may
submit an application for each parcel or may submit a single
application for more than one contiguous parcel. Applications for
batched parcels shall follow the same procedure, but shall be
signed by all landowners.
(b) The director shall review each application to determine
whether the eligibility criteria set forth in Section 7 are met and
all required information is provided, and shall notify the
landowner of his determination. Incomplete or otherwise deficient
applications shall be rejected and returned to the landowner with
a statement of reasons for the rejection.
(c) In the event a parcel, or portion thereof, fails to meet
the eligibility criteria set forth in Section 7, ~ such parcel, or
portion thereof, shall not be considered for inclusion in the
program. In the event the ineligibility of a parcel, or portion
thereof, renders the remaining ~ property which are is the
subject of the application ineligible, none of the pz~rt~3-1-~ property
shall be considered for inclusion.
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(d) In the event available fundinq is insufficient to
purchase the development riqhts on all properties which are the
subject of pendinq applications under this ordinance, the The
director shall evaluate each application, using the criteria of the
farmland ranking system set forth in Section 12, and shall
ascertain all necessary facts and information for ranking the
priority of acquisition of the lands included in the application.
In performing such evaluation, the director may request the
assistance of such other city departments and agencies as may be
appropriate and beneficial. The evaluation shall include a
recommendation for the number of farmland ranking system points to
be assigned to the application. No later than ninety (90) days
after receipt of the completed application, he shall forward a copy
of the evaluation to each member of the commission and to the city
manager and the landowner.
(e) The submission of an application shall not be deemed to
constitute a binding contractual offer to convey any interest in
the landowner's property, but shall be revocable at will by the
landowner prior to the execution of an installment purchase
agreement, without penalty.
Sec. 9. Review of applications by commission.
(a) In the event available fundinq is insufficient to
purchase the development rights on all properties which are the
subject of pendin~ applications, The the commission shall, at a
regular or special meeting called for such purpose, review
applications and evaluations provided by the director and shall
make a determination of farmland ranking system points to be
assigned to each application. Its determination shall be final and
unappealable. In the event of disagreement among the members of
the commission as to the number of points to be assigned to a given
application, each member shall state the number of points he
believes should be assigned and the average number of points so
obtained, rounded upwards to the nearest point, shall constitute
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the action of the commission. The secretary of the commission
shall promptly transmit a report of the commission's action to the
city manager.
(b) All discussion and deliberation concerning the evaluation
of applications and assigning of points shall be conducted in open
session, notwithstanding any contrary provision of the Virginia
Freedom of Information Act.
(c) No member of the commission shall be disqualified from
selling the development rights on any parcel in which he has a
financial interest by reason of his membership, but such
transactions shall be governed by the Virginia State and Local
Government Conflict of Interests Act.
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Sec. 10. Procedure for acquisition of development rights.
(a) u~ zecezpt of .... ~= repozt of .... ~= co~ission, ~= The
city manager shall ascertain the value of the development rights of
the property, which value shall be equal to the difference between
the fair market value of the property without encumbrance by a
preservation easement and the fair market value of the property so
encumbered. The city manager is hereby authorized, but not
required, to contract with qualified appraisers in ascertaining the
value of the development rights.
(b) The city manager shall ~ communicate to the
landowner, or the designee of the landowner, in writing, an offer
to purchase the development rights of the subject property. Prior
to ~ communicating any such offer, however, the city
manager may seek the approval of the city council therefor. Such
offer shall be in an amount determined by the city manager to
represent the value of such development rights and shall be subject
to available funding~ ~ the approval of the city council, and
such other terms and conditions as the city manaqer may deem
appropriate. It shall also be conditioned upon the absence of any
defects in title or other restrictions or encumbrances which may,
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in the opinion of the city attorney, adversely affect the city's
interests in accomplishing the purposes of this ordinance.
(c) In the event an agreement as to the termsa~,~ ............ ~~ions
u~ purchase, ~.~~..~ ~ purchase price a..u manner of ~.~nt, :-
reached with the offer is accepted by the landowner, the city
manager shall place the matter before the city council for
approval. The city council may approve the purchase of development
rights only with respect to such applications for which there is
available funding, in a priority determined by points assigned
under the farmland ranking system, and only upon finding that the
proposed terms and conditions of purchase, including the purchase
price and manner of payment, are fair and reasonable and in
furtherance of the purposes of this ordinance. In the event there
is sufficient available funding for the purchase of only a portion
of the property included in an application, the landowner shall be
given the opportunity to submit a revised application including a
lesser amount of property.
~ If an agreement
of purchase~o~- not reached after
~==oo,,=~= efforts have .......... ~==~ ,,,=~= to negotiate ~,~=~.y acceptable
~,,u~=,~,, ~.,u shall cease ~u=~,,== negotiations.
{e) (d} Consideration of applications which are the subject
of an agreement of purchase, but for which there is insufficient
available funding in the then-current fiscal year, shall be
deferred to the next fiscal year or until such other time as
available funding is sufficient unless the landowner withdraws the
application. No preference shall be given to such applications
except as indicated by the farmland ranking system.
~ (e} Within ten (10) days after the acquisition of a
preservation easement, the planning director shall cause to be made
on the official zoning map a notation of such acquisition and the
date thereof.
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Sec. 11. Nature of rights acquired; repurchases; exchanqes.
(a) No interest in land other than a perpetual agricultural
land preservation easement shall be acquired by the City pursuant
to the provisions of this Ordinance, and no such interest shall be
acquired by the exercise of the power of eminent domain.
(b) The acquisition of a preservation easement by the City
shall not extinguish any rights of the landowner except for the
right to develop the property for any use other than an
agricultural use, and shall not confer upon the public any right of
entry or access, or any other rights, express or implied.
(c) Upon the expiration of twenty-five (25) years from the
date on which a preservation easement is recorded, the landowner or
successor in interest to the property which is subject to the
easement may petition the city council to repurchase the
development rights on such property. The city council may, by vote
of no less than three-fourths of all of its members, and in
accordance with all other procedural requirements then governing
the sale of municipal interests in land, authorize the sale of such
development rights to the petitioning party at the then-current
fair market value of such development rights and upon such terms
and conditions as may be fair and reasonable. No such sale shall
be authorized, however, unless the city council ~-i~ determines by
ordinance that~
~ (1) the sale of such development rights is essential to
the orderly development and growth of the CityT~ and
~-~(2) the development of the property for nonagricultural
uses would not be in conflict with the Comprehensive Plan then
in effect.
(d) In each instance in which development rights to property
are sold by the City, other preservation easements of (i) at least
equal fair market value, (ii) of qreater value as permanent open
space, and (iii).of as nearly as feasible equivalent usefulness and
location for use as permanent open-space land as the property which
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is the subject of the petition of approximately equivalent
usefulness for the accomp ............... purposes of thio
shall be acquired wz~. a ~=ao~.~= ~..,= not
=~=u~.~ one (t)
~, unless the city council determines by ordinance that: (i)
~ the preservation easements upon the property which is the
subject of the petition are is no longer needed, (ii) that
substitution of other preservation easements is not feasible, and
(iii) that no state or federal funds were used in connection with
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the acquisition of the development riqhts upon the property which
is the subject of the petition.
(e) Notwithstanding any other provision of this section, at
any time after a preservation easement on a parcel has been
acquired, the landowner may petition the city council for the
extinguishment of such easement in exchange for the conveyance to
the City of a preservation easement on a different portion of the
landowner's property meeting all of the eligibility criteria set
The city council shall approve such exchange
forth in Section 7.
upon a finding that:
(1)
The acquisition of the proposed preservation easement in
lieu of the existing easement does not adversely affect
the City's interests in accomplishing the purposes of
this Ordinance;
(2) The proposed easement area meets all of the eligibility
requirements set forth in Section 7 of this Ordinance;
and
(3) ~h=~ value of .... ~= development r~o of the I~ ..... propos--~
for exchangeKo~-no less ...... ~ the value of the
........ f ................. the ' ' g
~o O ~= ~,~ u~ .~ existln easement
~ The exchanqe complies with the requirements of
subsection (d).
(f) The consideration for any acquisition of a preservation
easement pursuant to subsection (e) shall consist solely of the
extinguishment of the existing preservation easement.
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Sec. 12. Farmland ranking system.
(a) The farmland ranking system is hereby adopted. The system
shall be the sole means by which the priority of acquisition of
development rights under the program is determined when available
funding is insufficient to purchase the development rights on all
available ~ property which are is the subject of ~
applications for the ~ri-cgta~ sale of such rights. The number of
farmland ranking system points assigned to property shall not be
used in determining the value of development rights or the amount
of any offer to purchase such rights.
(b) There shall be five
evaluation under the system.
(5) categories of criteria for
In each such category, certain
factors descriptive of the characteristics of ~ property
souqht to be included in the aqricultural reserve proqram are
included. Each factor is assigned a numerical weight signifying
its importance relative to all other factors in that category. Each
factor is also stratified into a range of possible point values
ranging from zero (0) to ten (10). To determine the total points
assigned to a parcel or batch such property, the value~ for all
five (5) categories are added. Parcels or batches Property having
the highest total scores shall be those ranking rank highest in
priority of acquisition. The maximum total score is 100 points.
The categories, with their respective factors and weights, are as
follows:
(1) Quality of the farmland (productivity capability)
constitutes thirty-five (35) percent of the number of
points in the system. Factors and weights are as
follows:
A. Size of farm (Weight = 10)
100 acres or more 10
60 to 99 acres 7
20 to 59 acres 4
10 to 19 acres 2
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450
451
452
453
454
455
456
457
458
459
460
C.
D.
E.
F.
Less than 10 acres 0
Soils--Percentage in United States Department of
Agriculture Natural Resources Conservation Service
Land Capability
Capability Class 1,
(Weight = 10)
80% or more
60 to 79%
40 to 59%
20 to 39%
Less than 20%
Classification System Land
2E, 2W, 3W, and 4W undrained
10
8
6
3
0
80% or more
60 to 79%
40 to 59%
20 to 39%
Less than 20%
Percentage of farm in cropland or pasture (Weight =
8)
10
7
4
2
0
On-farm agricultural infrastructure and improvements
(Weight = 8)
Unique regional services 10
Headquarters farm 9
Good farm buildings 7
Adequate farm buildings 3
No farm buildings 0
80% or more
60 to 79%
40 to 59%
20 to 39%
Less than 20%
Percentage of farm in high-value crops (Weight = 6)
10
7
5
3
0
Amount of animal units produced on the farm (Weight
= 6)
250 animal units or more 10
150 to 249 animal units 8
75 to 149 animal units 5
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483
484
485
486
487
488
489
490
491
492
493
494
495
496
(2)
(3)
25 to 74 animal units
Less than 25 animal
units
Circumstances supporting
3
0
agriculture
constitutes
twenty-five (25) percent of the number of points in the
system. Factors and weights are as follows:
A. Number of nonfarm rural residences within one-half
mile of the farm (Weight = 10)
0 to 3 dwelling units 10
4 to 7 dwelling units 8
8 to 12 dwelling units 5
13 to 18 dwelling units 3
More than 18 units 0
Proximity of parcel to other farms with agricultural
reserve program or other perpetual easements (Weight
= 10)
Contiguous
Within 1/4 mile
Within 1/2 mile
Within 1 mile
Greater than 1 mile
10
8
5
3
0
Proximity to significant or unique agricultural
support services (Weight = 10)
Contiguous 10
Within 1 mile 8
Within 2 miles 5
Within 3 miles 3
Greater than 3 miles 0
D. Batch application with contiguous parcels (Weight =
10)
Contiguous 10
Not contiguous 0
Likelihood of conversion to nonfarm use (development
pressure) constitutes twenty (20) percent of the number
of points in the system. Factors and weights are as
follows:
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498
Urgency of circumstances
(Weight = 10)
favoring
conversions
499
50O
Farm subject to potential
forced sale 10
497
498
499
500
501
502
503
504
505
506
507
508
509
510
511
512
513
514
515
516
517
518
519
520
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
536
537
538
539
540
Do
Urgency of circumstances
(Weight = 10)
Farm subject to potential
forced sale
Farm subject to estate
settlement sale
Farm actively marketed.
for voluntary sale
Other
10
favoring conversions
6
0
residential
Farm suitability for conversion --
Percentage of well or moderately well-drained soils
on the farm (Weight = 6)
80% or more 10
60 to 79% 8
40 to 59% 6
20 to 39% 3
Less than 20% 0
Percentage of farm offered to agricultural reserve
program (Weight = 10)
90% or greater 10
70 to 89% 6
Less than 70% 0
Amount of public road contiguous to farm (Weight =
10
8
7
4
0
10)
1,000 linear feet
or more
600 to 999 feet
300 to 599 feet
100 to 299 feet
Less than 100 feet
Aesthetic value of forest on the farm (Weight = 8)
No significant timber
harvest within 20 years
10
4
2
Significant timber
harvest within 10
to 20 years
Significant timber
harvest within 5
to 10 years
Significant timber
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548
549
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554
555
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557
558
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561
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(4)
(5)
harvest within 5 years,
land cut over within
10 years and not re-
forested, or land cut
over within 5 years
and not reforested
Environmental quality constitutes fifteen (15) percent of
the number of points in the system. Factors and weights
are as follows:
ao
Percentage of farm in upland forest
swamp) (Weight = 10)
(excluding
80% or more 10
60 to 79% 8
40 to 59% 6
20 to 39% 3
Less than 20%
0
Proximity to areas identified as having high
environmental value, such as state or federal parks,
areas within the Back Bay National Wildlife Refuge
designated expansion boundary, exemplary wetlands,
critical areas and endangered species habitat, as
shown in "A Natural Areas Inventory of the City of
Virginia Beach", Natural Heritage Technical Report
93-14 (Weight = 10)
Contiguous 10
Within 1/2 mile
8
Within 1 mile
5
Within 1-1/2 miles
2
Greater than 1-1/2 miles 0
Proximity of farm to perennial stream or waterway
(Weight = 10)
Farm either includes
or is adjacent to
perennial waterway
10
Ail other 0
Historic, scenic, and application frequency constitutes
five (5) percent of the number of points in the system.
Factors and weights are as follows:
Proximity to historic or cultural features (Weight
= 6)
On-farm exceptional
features favorable to
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590
591
592
593
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595
596
597
598
599
600
preservation, as noted
in the Reconnaissance
Architectural Survey
Report, City of
Virginia Beach
10
Exceptional features
favorable to preserva-
tion within 1/4 mile
Exceptional features
within 1/2 mile
Exceptional features
further than 1/2 mile
0
Frequency of application submittal (Weight = 10)
Third or more time
10
Second time 5
First time 0
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Adopted by the City Council of the City of Virginia Beach on
this 6th day of June, 2000.
CA-6795
Wmm/ordres/arpamdmt s. ord
R-3
May 2, 2000
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V-H. 3.
ORDINANCES/RESOL UTIONS
ITEM it 46696
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance to APPROPRIATE $67,000 from the General Fund to
provide an interest-free loan to the Kempsville Volunteer Rescue Squad
re a replacement ambulance.
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor tVilliam D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
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AN ORDINANCE TO APPROPRIATE $67,000
FROM THE GENERAL FUND, FUND BALANCE
FOR THE PURPOSE OF PROVIDING AN
INTEREST-FREE LOAN TO THE KEMPSVILLE
VOLUNTEER RESCUE SQUAD FOR THE
PURCHASE OF A REPLACEMENT AMBULANCE
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WHEREAS, the Kempsville Volunteer Rescue Squad ("Rescue
Squad") has determined that it is not feasible to continue to use
one of its current ambulances, given its high mileage and
reliability problems;
WHEREAS, the Rescue Squad does not presently have adequate
funds to purchase a replacement ambulance, but has represented that
fund-raising efforts will provide sufficient funds to repay an
interest-free loan from the City of Virginia Beach in the amount of
$67,000; and
WHEREAS, the Rescue Squad has previously received interest-
free loans from the City and has repaid such loans on time or ahead
of schedule.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That funds in the amount of $67,000 are hereby appropriated
from fund balance in the General Fund for the purpose of providing
an interest-free loan to the Kempsville Volunteer Rescue Squad so
that it may purchase a replacement ambulance;
2. That the loan is to be repaid in (4) equal annual
installments of $16,750 due on the 30th day of June each year, with
the first payment to be made on or before June 30, 2001 and the
last payment to be made on or before June 30, 2004.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 6 day of June , 2000.
Requires an affirmative vote by a majority of the members of
the City Council.
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CA7724
F: ~Data~ATY~Ordin~NONCODE~Kempsville Vol Res. ord.wpd
R-2
May 31, 2000
37 APPROVED AS TO CONTENT
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APPROVED AS TO LEGAL
SUFFICIENCY
c rgy~~'~
- 20 -
V-H4.
ORDINANCES/RESOL UTIONS
ITEM # 4669 7
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Resolutions referring to Planning Commission proposed amendments re
large retail developments and to direct the Planning Commission to
forward its recommendations thereon to the City Council by July 14,
2000.:
Amendments to 3g 111, 901, 1511 and 1521 of the City Zoning
Ordinance (CZO), and adding a proposed new 3g 240.1
Amendments to the Comprehensive Plan re design guidelines
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. OberndorJ;, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTIONS
111, 901, 1511 AND 1521 OF THE CITY ZONING
ORDINANCE, AND A PROPOSED NEW SECTION 240.1
PERTAINING TO CERTAIN LARGE RETAIL
DEVELOPMENTS
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WHEREAS, large retail establishments, whether in the form of
single establishments or shopping centers, provide the City and its
citizens with significant benefits, they can also have significant
visual, environmental, economic, traffic and other impacts upon the
community; and
WHEREAS, the development of large retail establishments is
permitted as a matter of right in the B-lA, B-2, B-3, B-4, RT-2 and
RT-3 Zoning Districts, and under existing zoning regulations, the
City has little control over the siting, design, and other
characteristics of such establishments; and
WHEREAS, it is the sense of the City Council that, in light of
the potential impacts of large retail establishments, their siting,
design, and other characteristics should be more closely regulated
than is possible under existing zoning regulations;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, proposed amendments to Sections
111 (definitions), 901 (use regulations in Business Districts),
1511 (use regulations in the RT-2 Zoning District) and 1521 (use
regulations in
Section 240,1
retail establishments), of the City Zoning Ordinance.
of such proposed amendments is hereto attached.
the RT-3 Zoning District), and a proposed new
(standards for conditional use permits for large
A true copy
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BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission is hereby directed to make and
transmit its recommendation to the City Council by no later than
July 14, 2000.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on the 6 day of .l,,n~ , 2000.
CA-00-7727
wmm~ordres~retailestablish.res
R-1
May 30, 2000
APPROVED AS TO CONTENT
Planning Department
APPROVED AS TO LEGAL
Department of l_aw
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AN ORDINANCE TO AMEND SECTIONS 111, 901, 1511
AND 1521 OF THE CITY ZONING ORDINANCE AND ADD
NEW SECTION 240.1, PERTAINING TO LARGE RETAIL
ESTABLISHMENTS
Sections Amended: §§ 111, 901, 1511 AND 1521
Section Added: § 240.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 11t, 901, 1511 and 1521 of the City Zoning
Ordinance are hereby amended, and a new Section 240.1 is hereby
added, to read as follows:
Sec. 111. 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 work "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:
Retail establishment. Any buildinq used for the display and
sale of merchandise to the general public at retail.
Shoppinq center.
A qroup of two (2) or more retail or other
commercial establishments havinq any or all of the followinq
characteristics:
(a) The establishments are connected by party walls,
partitions, canopies or similar features;
33 (b) Some or all of the establishments are located in separate
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buildings which are designed as a single commercial group
sharing common parking areas and vehicular ways and which
are connected by walkways or other accessways;
The establishments are under the same management or
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association for the purpose of enforcing reciprocal
agreements controlling management or parking; or
The establishments are structurally designed in an
integrated fashion around or along the sides of a
promenade, walkway, concourse or courtyard.
COMMENT
The City Zoning Ordinance currently lacks a definition of the term "retail establishment."
The inclusion of the proposed definition is intended to rectify that omission.
The definition of the term "shopping center" is included in light of the amendments requiring
conditional use permits for large retail developments set forth in the proposed Section 240.1.
Sec. 240.1. Larqe retail developments.
(a) The City Council finds that:
(1) While retail establishments, whether in the form of
single establishments or shopping centers, are
critical to the continued economic vitality of the
City and to the well-being of its citizens, they
can also have significant aesthetic, economic,
traffic-related and other impacts upon the
community;
(2) Because the viability of retail establishments
depends in large part upon high visibility from
public streets and location in busy areas of the
City, their building and site design has an
especially significant impact upon the character
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and attractiveness of the City in qeneral and its
streetscapes in particular;
(3) The protection and enhancement of the positive
aesthetic qualities of the City, includinq its
commercially developed areas, has a direct and
substantial bearinq upon its continued economic
vitality, especially in liqht of the City's
reliance upon the economic benefits provided by its
tourism industry; and
(4) As noted by the Virqinia General Assembly, the
visual environment confronted by individuals in
their daily routines has a profound effect on
personal attitudes and productive capacities.
(b) It is the intent of the City Council in adopting this
section to promote retail development which utilizes hiqh-quality
desiqn and buildinq features in such manner as to enhance the
functional, as well as aesthetic, attributes thereof, and thereby
to protect and enhance the continued positive economic development
of the City, its businesses and its citizens.
(c) The provisions of this section shall apply to retail
establishments and shoppinq centers havinq a total of 80,000 qross
square feet or more of floor area and to additions or expansions
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thereof where the gross square footaqe of floor area is increased
by fifty per cent (50%) or more and the resultinq floor area will
equal or exceed 80,000 qross square feet.
(d) In addition to the information required by Section
22~(a), an application for a conditional use permit shall include
the followinq:
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(1) A plan of
(2)
(e)
220, in
a larqe
development showing
structures and other
all proposed
improvements,
other existing
buildings,
landscaping, areas
features are to be preserved, environmentally
sensitive areas, siqnaqe, lightinq and parking
where trees or
elevations
showinq
areas;
Building
the architecture,
materials and colors of proposed buildinqs;
analysis
traffic
employee
pedestrial circulation,
projected traffic impact
A traffic
of existinq
qeneration, qeneral traffic
and customer parkinq,
service and loading areas,
impact study which includes an
conditions, projected
circulation,
upon
existinq roadways, and roadway improvements
unavoidable traffic impacts.
standards set forth in Section
for a conditional use permit for
City Council shall consider the
required to mitigate
In addition to the qeneral
acting upon applications
retail development, the
the proposed development conforms to the
Larqe Retail Establishments set forth
Comprehensive Plan.
extent to which
Guidelines For
Appendix to the
The proposed amendments:
COMMENT
Set forth certain findings of the City Council;
Declare the intent of the City Council in adopting the amendments;
Desiqn
in the
(a)
(b)
(c)
require conditional use permits for retail establishments and shopping centers
having a total of 80,000 gross square feet or more of floor area and for additions or
expansions thereof where the gross square footage of floor area is increased by 50%
or more and the resulting floor area will equal or exceed 80,000 gross square feet;
(d)
require certain information to be submitted in connection with a conditional use
permit application, in addition to the general information required of all such
applications; and
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(e) requires the City Council to consider the exte~ to which a proposed development
con~rms to the Design Guidelines For Large Retail Establishments set ~rth in the
Appendix to the Comprehensive Plan.
Sec. 901. Use regulations.
(a) Principal and conditional uses. The following chart
lists those uses permitted within the B-1 through B-4 Business
Districts. Those uses and structures in the respective business
districts shall be permitted as either principal uses indicated
by a "P" or as conditional uses indicated by a "C." Uses and
structures indicated by an "X" shall be prohibited in the
respective districts. No uses or structures other than as
specified shall be permitted.
Use B-1 B-lA B-2 B-3 B-3A B-4
Retail establishments
other than those
listed separately,
and those subject
to the provisions
of Section 240.1,
including the inci-
dental manufacturing
of goods for sale
only at retail on
the premises; retail
sales and display
rooms and lots,
provided that yards
for storage of new
used building
materials or yards
for any scrap or
salvage operations
or for storage or
display of any scrap,
salvage or second-
hand building
materials or auto-
mobile parts shall
not be allowed, and
further provided that
adult book stores
Shall be prohibited
from locating within
five hundred (500)
feet of any apartment
X P P P P P
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or residential
district, single-
or multiple-family
dwelling, church,
park, or school
Retail establishments
subject to the pro-
visions of Section
240.1
Shopping centers
except as subiect
Section 240.1
Shoppinq centers
subject to the
provisions of
Sections 240.1
x_ p P _P R P
COMMENT
The amendments establish retail establishments and shopping centers which are subject to the
provisions of new Section 240.1 as conditional uses in the B-lA, B-2, B-3, B-3A and B-4 Business
Districts and maintain the existing regulations as to retail establishments and shopping centers not
subject to Section 240.1. Section 240.1, which is set forth above, requires conditional use permits for
retail establishments and shopping centers having a total of 80,000 gross square feet or more of floor
area and for additions or expansions thereof where the gross square footage of floor area is increased
by fifty per cent (50%) or more and the resulting floor area will equal or exceed 80,000 gross square
feet.
195 ....
196 Sec. 1511. Use regulations [RT-2 Resort Tourist District].
197 (a) Principal uses and structures: For parcels less than
198 fourteen thousand (14,000) square feet in size, any one of the
199 following is allowed; provided, however, that drive-through
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facilities shall not be permitted as a principal or accessory use:
· · · ·
(17)
Retail establishments, other than those subject to the
provisions of Section 240.1, including the incidental
manufacturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
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materials or yards for any scrap or salvage operations or
for storage or display of any scrap, salvage or
secondhand building materials or automobile parts shall
not be allowed, further provided that adult bookstores
shall be prohibited from locating within five hundred
(500) feet of any apartment or residential district,
single- or multiple-family dwelling, church, park or
school.
(17.5) Shoppinq centers, other than those subject to the
provisions of Section 240.1.
(c) Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof; provided, however, that except as set
forth in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use:
(17.5) Retail establishments subject to the provisions of
Section 240.1.
(18.5) Shoppinq centers subject to the provisions of
Section 240.1.
COMMENT
The amendments establish retail establishments and shopping centers which are subject to the
provisions of new Section 240.1 as conditional uses in the RT-2 Resort Tourist District and maintain
the existing regulations as to retail establishments and shopping centers not subject to Section 240.1.
Sec. 1521. Use regulations [RT-3 Resort Tourist District).
(a) Principal uses and structures: For parcels less than
twenty thousand (20,000) square feet in size, any one (1) of the
following is allowed; provided, however, that except as provided in
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subdivision (5.5) of subsection (c), drive-through facilities shall
not be permitted in any portion of the district:
(18) Retail establishments, other than those subject to the
provisions of Section 240.1, including the incidental
manufacturing of goods for sale only at retail on the
premises; retail sales and display rooms and lots,
provided that yards for storage of new or used building
materials or yards for any scrap or salvage operations or
for storage or display of any scrap, salvage or
secondhand building materials or automobile parts shall
not be allowed, and further provided that adult book
stores shall be prohibited from locating within five
hundred (500) feet of any apartment or residential
district, single or multiple-family dwelling, church,
park or school.
(19) Shoppinq centers, other than those subject to the
provisions of Section 240.1.
(c)
Conditional uses and structures: Uses and structures
hereinafter specified, subject to compliance with the provisions of
part C of article 2 hereof; and provided, that except as set forth
in subdivision (5.5), drive-through facilities shall not be
permitted as a conditional or accessory use in any portion of the
district east of Arctic Avenue, south of Winston-Salem Avenue and
4th Street, or north of 35th Street:
(17.5)
Retail establishments subject to the provisions of
Section 240.1.
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( 18.5 ) Shoppinq centers subject to the provisions of
Section 240.1.
COMMENT
The amendments establish retail establishments and shopping centers which are subject to the
provisions of new Section 240.1 as conditional uses in the RT-3 Resort Tourist District and maintain
the existing regulations as to retail establishments and shopping centers not subject to Section 240.1.
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Adopted by the City Council of the City of Virginia
Virginia, on this day of , 2000.
CA-00-7728
wmm~ordres~retailestabtish.ord
R-1
May 30, 2000
APPROVED AS TO CONTENTS:
Planning Department
Beach,
APPROVED AS TO LEGAL
SUFFICIENCY: /
Department of Law
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO THE
COMPREHENSIVE PLAN PERTAINING TO DESIGN
GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS AND
DIRECTING THE PLANNING COMMISSION TO FORWARD
ITS RECOMMENDATIONS THEREON TO THE CITY
COUNCIL BY JULY 14, 2000
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WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, proposed amendments to the
Comprehensive Plan pertaining to design guidelines for large retail
establishments. A true copy of such proposed amendments is hereto
attached.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission be, and hereby is, directed to
forward to the City Council its recommendations concerning the
aforesaid amendments by no later than July 14, 2000.
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Adopted by the City Council of the City of Virginia
6 June
Beach, Virginia, on the day of , 2000.
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CA-00-7726
wmm~ordres~retailcompplan.res
R-1
May 26, 2000
APPROVED AS TO CONTENT
Planning Department
APPROVED AS TO LEGAL
S ICIE ¥ ~
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AN ORDINANCE TO
COMPREHENSIVE PLAN BY
OF DESIGN GUIDELINES
RETAIL ESTABLISHMENTS
Section Amended:
Comprehensive Plan
AMEND THE
THE ADDITION
FOR LARGE
Appendix to
BEACH,
BE IT ORDAINED BY THE
VIRGINIA:
That the Comprehensive
COUNCIL OF THE CITY OF VIRGINIA
Plan of the City of Virginia Beach
be, and hereby is, amended and reordained by the
Guidelines for Large Retail Establishments With
or More (LARGE RETAIL
Plan. A true copy of the
Establishments With 80,000
GUIDELINES is hereto
Comprehensive Plan.
addition of Design
80,000 Square Feet
DESIGN GUIDELINES) to the Appendix to the
said Design Guidelines for Large Retail
Square Feet or More (LARGE RETAIL DESIGN
attached and is hereby incorporated into the
COMMENT
The proposed ordinance amends the Comprehensive Plan by adding a section to the Plan's
Appendix setting forth design guidelines for large retail establishments (i. e., any retail establishment,
or combination thereof, in a single building and occupying 80,000 gross square feet or more of floor
area). The guidelines include standards for facades and exterior walls, roofs, materials and colors,
entryways, signs, outdoor display areas, vending machines and ground level mechanical equipment,
lighting, site layout, parking, entrances, pedestrian access, central features and community spaces,
landscaping and buffering, signs and lighting, and best management practice ponds.
Virginia,
Adopted by the Council of the City of
on the day of , 2000.
Virginia Beach,
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CA-00-7725
wmm~ordres~retailcompplan.orn
R-1
May 26, 2000
APPROVED AS TO CONTENT:
Planning
APPROVED AS TO LEGALSUFFICIENCY:
DepaSth~t-- o ~ Law
DESIGN GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS
These guidelines are intended to apply to retail establishments or shopping
centers (as defined by Section 111 of the City Zoning Ordinance) having a total
of 80,000 gross square feet and to additions or expansions thereof where the
gross square footage of floor area is increased by fifty per cent (50%) or more
and the resulting floor area will equal or exceed 80,000 gross square feet
(Section 240. l(c) of the City Zoning Ordinance).
Retail establishments present several land use concerns for the City of Virginia
Beach, primarily regarding aesthetic and transportation impacts. Because retail
establishments depend on high visibility from major public streets, the building
and site design have significant impacts on the character and attractiveness of
the city's major streetscapes. As noted by the Virginia General Assembly, the
visual environment confronted by individuals in their daily routines has a
profound effect on personal attitudes and productive capacities.
These standards and guidelines are intended to encourage development that
contributes to the uniqueness of the communities of Virginia Beach by reflecting
their physical character and sense of place and by enhancing those qualities in
appropriate ways.
In addition, these design guidelines incorporate the principles of crime
prevention through environmental design (CPTED). CPTED advocates that
natural access control, natural surveillance and territorial reinforcement be
incorporated into sight design to help minimize crime opportunities.
The City of Virginia Beach already has development regulations and standards
that apply city-wide and design guidelines have been adopted for some portions
of the City. These guidelines are intended to augment those with more specific
criteria that apply to the design of large retail developments.
J:\Documents\LargeRetailGuidelines Page 3
A. Facades and Exterior Walls
Facades should be articulated to reduce the massive scale and the one dimensional
appearance of large retail buildings and to provide visual interest. The overall intent
is to encourage a more human scale. The following are desired:
ae
Facades greater than 150 feet in length,
measured horizontally, visible from
a public street, should incorporate
wall plane projections or
recesses having a depth
of at least 3 feet to break '
up the expansiveness of the
exterior. All recesses should be
well-lit to encourage a safe
environment.
Building fronts and sides of
buildings oriented toward a
public street should incorporate
arcades, display windows, entry areas, awnings
or other such features. Any side of a building oriented toward a public street or an
internal street used by the public should incorporate display windows, false
windows, awnings or other features to add visual interest.
Facades that do not face streets should incorporate a repeating pattern that
includes color change, texture change and material change, each of which should
be integral parts of the building -- not superficially applied trim, graphics, or
paint. At least one of these elements shall repeat horizontally. In addition, the
structural or architectural bay pattern of the building should be expressed on the
exterior through the use of reveals, projecting ribs, or offsets to a minimum
depth of at least 12 inches.
J :\Documents\LargeRetailGuidelines Page 4
Any facade that is not visible from a public street or from a private internal street
used by the public, should be painted a coordinating color to complement the
front and side facades.
e. See comments below in the Site Design / Entrances section for additional
comments related to design of facades.
e
In higher-intensity areas of the city, characterized by urban-type development,
developers are encouraged to reduce the footprint of large retail establishments by
designing a store with multiple levels.
Roofs
Variations in roof lines
should be incorporated to add
interest. Overhanging eaves,
parapets, entrance features, or
height variations are
appropriate. The front of the
building should incorporate
at least one three dimensional
feature.
Parapets should conceal flat
roofs and all rooftop
equipment such as heating,
ventilation, and air
conditioning (HVAC) units
from typical street level view.
Such parapets should feature
three dimensional cornice
treatment (not a two
dimensional superficial
treatment).
J :\Documents\LargeRetailGuidelines Page ..~
C. Materials and Colors
Exterior building materials for all portions of a building should be of high quality and
should exceed the level of quality required by the Virginia Uniform Statewide
Building Code. Predominant exterior building materials should include any
combination of brick, wood, stone, or tinted and textured concrete masonry.
The exterior building materials may include smooth-faced concrete block, tilt-up
concrete panels, or pre-fabricated steel panels only when these materials have been
incorporated into the overall design of the shopping facility in an architecturally
pleasing fashion and reflect an overall appearance of a high-quality retail center.
e
The predominant exterior building material should be incorporated into the design of
the facades facing public rights-of-way consistent with the facade design criteria of
Section I(A)(1)(a) and (b), utilizing the building material as a key means of
developing variety in the facade.
0
Facade colors for all portions of the building should be low reflectance, subtle, neutral
or earth tone colors (no primary colors). Building trim and accent areas may feature
brighter colors, including primary colors.
Entryways
Entryway design elements and variations should give orientation to the building and
produce an aesthetically pleasing character. The building should have clearly defined,
highly visible customer entrances featuring two or more of the following:
1. Canopies or porticos
2. Overhangs
3. Recesses/projections
4. Arcades
5. Raised corniced parapets over the door
6. Peaked roof forms
7. Arches
8. Outdoor patios
9. Display windows
10. Architectural details such as tile work and moldings which are integrated into the
building structure and design
11. Integral landscaped areas and/or places for sitting (no self-standing planters)
J:\Documents\LargeRetailGuidelines Page 6
E. Signs
The style, size, color, and building material of all signs on the site should be
coordinated, including signs for any outparcel development, on-site directional signs,
and signs to be located on the face of any structure. Colors and materials should be in
keeping with the colors used on the primary structure(s). Colors should be primarily
neutral or earth tone (no primary colors). A limited amount of brighter accents
(primary colors), such as those found in corporate logos, are acceptable.
Any freestanding sign associated with a retail use should be monument style with a
maximum height of 8 feet. A minimum of 75 square feet of landscaping, consisting
of at least 50% evergreens, should be included at the base of the sign. Sign materials
should be durable, attractive and coordinated with materials used on the primary
structure(s). Colors should follow the same guidelines as noted above in item 1.
3. Signs using neon are not encouraged.
F. Outdoor Display Areas, Vending Machines and Ground Level Mechanical
Equipment
All outdoor display areas, including garden centers and any seasonal sales, should be
enclosed on all sides with high-quality fencing. Chain-link fences are strongly
discouraged. All outdoor display areas must be designated on the site plan and must
not extend into parking areas.
Vending machines must not be visible from a public street. If vending machines are
present, building facades should include an area screened from public streets but
visible to security personnel.
Mechanical or HVAC equipment must not be installed at ground level along any
portion of a building facing a public or internal street unless such location is
necessitated by the nature and design of the building it serves. Such equipment must
be screened by a solid fence or wall and native plants, such as wax myrtle or leyland
cypress, having good screening characteristics. Shrubs must be at least three (3) feet
high, and trees must be at least six (6) feet high, at planting. Plants must be spaced as
directed by the City's Landscaping, Screening and Buffering Specifications and
Standards, be maintained at all times in good condition and must not be trimmed to a
height lower than the mechanical equipment they screen.
J:\Documents\LargeRetailGuidelines Page 7
G. Lighting
All outdoor lighting should be coordinated as to style, material and color. Neutral and
earthtone color (no primary colors) lighting fixtures are encouraged. Lighting throughout
the site should overlap, creating an even level of illumination throughout the parking
area. The use of pedestrian level lighting should be considered along any pedestrian
walkways.
'II.
A. Shopping Center Site Layout
Buildings on shopping center outparcels shall be located so as to encourage pedestrian
traffic and highlight architectural details of the buildings. No parking should be
located on outparcel sites between such buildings and public streets.
For retail establishments and shopping centers on sites exceeding five (5) acres in
size, there should be no buildings, parking surfaces or other above-ground
improvements, except as follows, within thirty (30) feet of a public street. The area
within such setback should contain a heavily-landscaped berm having a minimum
height of three (3) feet measured from the level of the abutting public street. There
may be a reduction in the thirty (30) foot setback to no less than ten (10) feet,
provided that heavy landscaping and other features, such as brick walls, are located so
as to reduce the visual impact of the parking lot from the abutting public street.
B. Entrances
Where possible, depending on the use of the retail establishment, multiple entrances to
buildings should be utilized in order to reduce the walking distance from cars and to
facilitate pedestrian and bicycle access from public streets and sidewalks.
C. Parking
1. Vehicular parking areas should be distributed around at least three (3) sides of retail
buildings in order to reduce the overall scale of the paved parking surface.
2. The vehicular circulation system which provides access to the parking area should be
J:\Documents\LargeRetailGuidelines Page 8
e
designed to reduce the number of vehicular conflicts to a minimum. Adequate
stacking for vehicles should be provided at the access points from the parking area.
The use of alternative porous pavement finishes is encouraged, especially for those
areas of the parking lot that typically will only be used seasonally.
4. Pedestrian walkways should provide access from the parking area to the primary
building in such manner that
pedestrians using walkways
will be required to traverse the
vehicular parking aisle to the
minimum extent possible.
Such walkways should be
located so that no customer
entrance is farther than one
hundred (100) feet from the
nearest walkway. The
walkways should feature
adjoining landscaped areas
that include trees, shrubs,
benches, flower beds, ground
cover or similar materials to
enhance the appearance of the
walkway areas. Walkways
should be readily
distinguishable from driving
surfaces where they traverse
such surfaces through the use
of durable, low-maintenance
surface materials such as
pavers, bricks, scored concrete
or similar architectural
treatments.
D. Pedestrian Access
Providing pedestrian accessibility opens auto-oriented developments to any surrounding
existing or planned residential or office / retail community areas, thereby reducing traffic
impacts and enabling the development to project a friendlier, more inviting image. This
section sets forth guidelines for public sidewalks and internal pedestrian circulation
systems that can provide user-friendly pedestrian access as well as pedestrian safety,
shelter, and convenience within the center grounds.
J :\Documents\LargeRetailGuidelines Page 9
Sidewalks are required along public rights-of-way in accordance with Public Works
Engineering Specifications and Standards.
Continuous internal pedestrian walkways, no less than four feet in width, should be
provided from the public sidewalk or right-of-way to the principal customer entrance
of all principal buildings on the site. Outparcels should be connected to each other, to
the main shopping center and to the public sidewalk system by pedestrian walkways.
In addition, walkways should connect focal points of pedestrian activity such as, but
not limited to, transit stops, street crossings, building and store entry points, and
parking areas. The walkways should feature adjoining landscaped areas that include
trees, shrubs, benches, flower beds, ground covers or other such materials to enhance
the appearance of the walkway areas. These walkways should also be designed with
safety in mind. Clear sightlines allowing for good natural surveillance and adequate
lighting should be incorporated. Landscaping along the walkways should be
maintained at no more than three feet in height or limbed up to at least seven feet so
that visibility in not hindered.
Entrances should include weather protection features such as awnings or arcades
having a width at least double that of the doorways over which they are located.
All internal pedestrian walkways should be distinguished from driving surfaces
through the use of durable, low maintenance surface materials such as pavers, bricks
or scored concrete to enhance pedestrian safety and comfort, as well as the
attractiveness of the walkways.
Provision of bike racks is encouraged. Bike racks should be in a well lighted area and
placed in a location visible from the entrance and/or parking area.
E. Central Features and Community Spaces
Retail sites should offer attractive and inviting pedestrian scale features, spaces and
amenities. Entrances and parking lots should be configured to be functional and inviting
with walkways conveniently tied to logical destinations. Transit stops and drop-off/pick-
up points should be integrated into the site. Pedestrian ways should be anchored by
special design features such as towers, arcades, porticos, pedestrian light fixtures, planter
walls and other architectural elements that define circulation ways and outdoor spaces.
Each retail establishment containing over 100,000 square feet and each shopping center
containing 5 acres or more should provide at least two of the following:
1. Patio/seating area
2. Pedestrian plaza with benches
J:\Documents\LargeRetailGuidelines 'Page 10
3. Window shopping walkway
4. Outdoor playground area (needs to be carefully located for safety)
5. Kiosk area
6. Water feature or stormwater management facility with amenities such as
fountains, benches, walking trails, pedestrian furniture or lighting
7. Clock Tower
8. Outdoor sculpture
As a substitute, any other focal feature or amenity may be provided that in the judgement of
the Planning Commission and City Council adequately enhances community and public
spaces.
All such features and community spaces should connect to intemal or public walkways and,
if present, to the bikeway network, and should be constructed of materials of at least equal
quality to that of the principal materials of the building and landscape.
F. Landscaping and Buffering
In addition to meeting the minimum City requirements for parking lot landscaping,
foundation landscaping and buffering, it is recommended that retail establishments also
provide the following:
Any loading operations within view of a residential, office, or apartment zoning
district or a public right-of-way should be screened by a landscaped berm or a solid
wall with landscaping on the outside.
Large parking areas should be enhanced with additional landscaping. Creative site
design, to include preservation of existing stands of trees and clustered landscaped
areas, is encouraged over symmetrical rows of small landscaped islands.
3. Sites with existing trees and vegetation along the street frontage should retain those
landscape features and integrate them into the landscape plan for the center.
4. To the greatest extent possible, 25 % of the landscaping should be evergreen species.
To the greatest extent possible, planting pits should be backfilled with 36 inches of
topsoil to provide the most conducive growing environment for new landscape
planting.
To the greatest extent possible, landscape islands should be designed so that plant
material is not located on the first one (1) foot of the edge of the island, where it is
most likely to be trampled by individuals exiting and entering parked vehicles. Such
J:\Documents\LargeRetailGuidelines Page l I
edge should be mulched or paved with porous paving material.
G. Stormwater Management Facility Ponds
On-site stormwater management facility ponds should be attractively landscaped
amenities. Wetlands benching, fountains, and the incorporation of walking trails and
pedestrian benches around the perimeter of the ponds are all encouraged. Lighting of
these areas is also encouraged for safety.
2. The use of chain link fencing to enclose stormwater management ponds is strongly
discouraged.
3. To the greatest degree possible, stormwater management should utilize existing
regional stormwater management facilities.
J:\Documents\LargeRetailGuidelines Page 12
- 21 -
V-H. 5.
ORDINANCES/RESOL UTIONS
ITEM # 46698
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council APPROVED:
REFUNDS:
License - $79,518.29
Tax - $ 8, 630. 65
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William }V.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
AKHIGBE SAMUEL ORIAREWO
AMERICAN GENERAL FINANCE INC
ANIMAL KINGDOM INC
ATLANTIC PROTECTIVE SERVICES
ATLAS TRAVEL SERVICE INC
BEACHSlDE LC
BRITO CORP THE
BROWN ROSS M
CARDINAL SIGN CORP
CAVALIER HOTEL CORP
CITRUS GROUP INC THE
CORBIN & COMPANY LTD
CREATIVE SERVICES FOR ADVERTISING INC
CTX MORTGAGE COMPANY
DALTON CHARLES M
DOMII~ION CONTRACT CARPETS INC
DONALD CRAIG & ASSOCIATES
DUKES & CO INC
EAST COAST APPLIANCE REPAIR SERV SALES
EL CAMINO MOTOR LODGE CORP
EXAMINATION MGT SERVICES INC
FITNESS WORKS INC
FORTUNE ENTERPRISES INC
FOUR C CONSTRUCTION INC
FOUR DS INC
GARRIS TRAVEL SERVICE LC
GLOBAL HUMAN RESOURCE SPEC INC
GRECO RESEARCH ENGINEERING CO
HABERDASH CONTRUCTION INC
HAMPTON ROADS HVAC SERVICE INC
HARDIN AND ASSOCIATES INC
HAWK ELECTRIC SERVICE INC
HAYES GAYLAN J
HECHINGER INVESTMENTS CO OF DELAWARE INC
HENCHEL VALERIE J
HERBOSO BEN N
HONEYCU'Fr PROF STYLING PRODUCT
HORNER CORPORATION THE
HOTT PRODUCTS INC
HOUSING MANAGEMENT SERVICES INC
IMBUR DONALD J MD PC
INVESTMENT RESEARCH CORP
ITEMS UNLIMITED INC
JESSUP CONSTRUCTION LLC
KJK INC
2000 4/28/00 40.00 0.00 40.00
1999 02/24/99 2,289.46 0.00 2,289.46
04/10/00 AUDIT 348.65 22.64 371.29
2000 04/12/00 1,043.69 0.00 1,043.69
2000 04/26/00 13.71 0.00 13.71
04/18/00 AU D IT 424.12 67.72 491.84
04/07/00 AU DIT 260.31 20.02 280.33
2000 04/26/00 57.38 0.00 57.38
2000 03/31/00 90.96 0.00 90.96
1999 04/28/00 125.00 0.00 125.00
2000 04/26/00 29.75 0.00 29.75
04/11/00 AUDIT 502.11 19.15 521.26
2000 04/06/00 113.44 0.00 113.44
1999 04/12/00 547.13 0.00 547.13
1999 04/24/00 477,29 0.00 477.29
1997-99 04/19/00 399.70 0.00 399.70
04/05/00 AUDIT 424,48 33.98 458.46
04/26/00 AUDIT 224.50 34,58 259.08
03/17/00 AUDIT 290.41 50,22 340.63
04/24/00 AU DIT 102.76 20.54 123.30
03/30/00 AUDIT 176.09 0.00 176.09
04/18/00 AUDIT 500.29 65.46 565.75
2000 04/28/00 40.00 0.00 40.00
04/07/00 AUDIT 52.10 49.76 101.86
2000 04/10/00 63.21 0.00 63.21
2000 03/28/00 229.03 0.00 229.03
2000 04/24~00 43.34 0.00 43.34
03/13~00 AUDIT 0.00 99.92 99.92
04/21/00 AUDIT 20.80 2.25 23.05
03/21/00 AUDIT 10.63 0.00 10.63
2000 05/01/00 2,336.59 0.00 2,336.59
04/14/00 AUDIT 26.39 5.04 31.43
04/08/00 AUDIT 34.80 6.96 41.76
04/19/00 AUD IT 48,901.81 4,571.97 53,473.78
04/10/00 AUDIT 680.58 73.70 754.28
04/05/00 AUDIT 18.92 0.00 18.92
2000 04/25/00 46.87 0.00 46.87
04/12/00 AUDIT 6.57 1.31 7.88
04/20/00 AUDIT 123.03 14.52 137.55
04/07/00 AUDIT 105.42 0.00 105.42
04/18/00 AUDIT 571.42 166.60 738.02
04/19/00 AUDIT 10.00 2.00 12.00
2000 05/01/00 50.33 0.00 50.33
2000 04/25/00 15.50 0.00 15.50
2000 04127/00 24.85 0.00 24.85
Certified ~as to Daymen~
bom~issio'ner ~t~e'R~venue
C~ty Attorney's Office
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
67,221.76 were approved by the Council of the
6 day of June ,20 O0
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE INTEREST TOTAL
YEAR PAID
L T MCGOVERN INC
LARRY AND DON°S AUTO BODY REPAIR SHOP
LBC MABUHAY NORTH AMERICA CORP
LIBERTY EXCHANGE INC
LIFETIME TILE & MARBLE INC
LITTLE CAESARS ENT INC
OTTO LAWRENCE CORP
QUALITY BUILDING PRODUCTS INC
QUALITY CONTROL SERVICES LLC
RACK ROOM SHOES INC
SAWYER LAKES LLC
SHAMPINE BARRY A
SHONEYS INC. Al'TN BUDDY STARTUP
TECHNOLOGY MANAGEMENT GROUP
THERMATEX OF TIDEWATER LLC
TOONE ROGER LOUIS
UNCLE HARRY'S CONES & CREAM
VETERANS REALTY INC
WEST BUCKLEY B
04/21/00 AUDIT 2,306.47 376.42 2,682.89
04/18/00 · AUDIT 119.32 0.99 120.31
2000 04/28/00 10.00 0.00 10.00
2000 04/20/00 10.00 0.00 10.00
04/07/00 AUDIT 59.92 0.00 59.92
04107/00 AUDIT 1,477.40 0.00 1,477.40
2000 05/01/00 28.00 0.00 28.00
2000 04/25/00 46.81 0.00 46.81
04/03/00 AUDIT 32.88 0.00 32.88
03/24/00 AUDIT 2,003.45 775.76 2,779.21
1999 04/13/00 720.82 0.00 720.82
2000 04/24/00 14.00 0.00 14.00
04/06/00 AUDIT 3,631.75 44.61 3,676.36
2000 05/01/00 85.01 0.00 85.01
04/07/00 AUDIT 91.06 6.80 97.86
1999 04/26/00 40.00 0.00 40.00
2000 04/27/00 381.06 0.00 381
04/28/00 AUDIT 10.00 0.00 10.00
2000 04/26/00 24.00 0.00 24.00
Certified as to payment:
domm'i~sione-r 0f~{fie l~evenue
l~ity Attorney's Office
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling
City of Virginia Beach on the
12,296.53 were approved by the Council of the
6 day of June ,20 00
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Paid Penalty Int.
Total
Odubela, Tokunbo A. & Irati 2000
Odubela, Tokunbo A. & Irati 1997
Odubela, Tokunbo A. & Irati 1997
Odubela, Tokunbo A. & Irati 1998
Odubela, Tokunbo A. & Irati 1998
Odubela, Tokunbo A. & Irati 1999
Odubela, Tokunbo A. & Irati 1999
Randolph, Parthenia R. 2000
Patei, Margaret 2000
Harry R. Purkey, Jr. Attorney 1998
Harry R. Purkey, Jr. Attorney 1998
Siewinski, Mark A. & Darlene 2000
Touzos, Andrianos G & D Kouioukis 2000
Gallop Earnest W. Estate 2000
Sewell, Gerald 2000
Knight, Clyde Jr & Stephanie N. 2000
Browning, Randall et al 2000
Browning, James R. & Olive G. 1999
Browning, James R. & Olive G. 1999
Browning, James R. & Olive G. 1998
Browning, James R. & Olive G. 1998
Browning, James R. & Olive G. 1997
Browning, James R. & Olive G. 1997
Reynolds, Jane 2000
RE(l/2) 00-092485-1 EA 12/03/99
RE(l/2) 97-090048-9 EA 11/18/96
RE(2/2) 97-090048-9 EA 05/19/97
RE(l/2) 98-090664-1 EA 11/25/97
RE(2/2) 98-090664-1 EA 05/19/98
RE(l/2) 99-091412-3 EA 12/04/98
RE(2/2) 99-091412-3 EA 06/01/99
RE(I/2) 00-101721-4 EA 12/05/99
RE(I/2) 00-095755-7 EA 11/19/99
RE(I/2) 98-072854-9 11/25/97
RE(2/2) 98-072854-9 06/05/98
RE(l/2) 00-114006-3 11/19/99
RE(l/2) 00-125730-2 EA 12/05/99
RE(l/2) 00-044229-3 EA 12/05/99
RE(l/2) 00-112384-9 EA 12/05/99
RE(l/2) 00-068826-9 EA 11/19/99
RE(I/2) 00-016066-7 EA 12/02/99
RE(l/2) 99-015908-3 EA 12/05/98
RE(2/2) 99-015908-3 EA 06/05/99
RE(l/2) 98-015470-2 EA 12/05/97
RE(2/2) 98-015470-2 EA 06/05/98
RE(l/2) 97-015201-9 EA 12/05/96
RE(2/2) 97-015201-9 EA 06/05/97
Dog License #23246 & #23245 03/09/00
22.77
19.23
19.23
21.47
21.47
22.77
22.77
137.12
1002.35
396.50
396.50
6.25
1534.76
61.00
63.97
27.56
692.99
692.99
692.99
692.99
692.99
692.99
692.99
4.00
TOTAL:
$8,630.65
This ordinance shall be effective from date of adoption.
e ab,oxe ~atement(s)
~, 63U.~ totaling
were approved by
the Council of the City of Virginia Beach
onthe 6 dayof June, 20.00
Ruth Hodges Smith
City Clerk
Certi
John
Appr
~°psen~
Atk~nson, Treasurer
~ed as to form:
Item V-I.
APPOINTMENTS
- 22 -
ITEM # 46699
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BEACHES AND WA TER WA YS COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HAMPTON ROADS TR/INSPOR TA TION DISTRICT
MINORITY B USINESS COUNCIL
PERSONNEL BOARD
SOCIAL SER VICES BOARD
TOWING AD VISORY BOARD
June 6, 2000
- 23 -
Item V-I.2.
APPOINTMENTS
ITEM # 46700
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Chairman - Resort Leadership Council - William Roundtree, Jr.
President - Virginia Beach Hotel/Motel Association - James H. Capps
President - Virginia Beach Retailers Association - Preston Midgett
President - Virginia Marine Science Museum Foundation - Thomas R. Frantz
Director - Virginia Marine Science Museum - C. Mac Rawls
Director - Virginia Beach Convention and Visitor Development - James B. Ricketts
ADVERTISING AGENCY "Tourism" SELECTION COMMITTEE
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
Item V-L3
- 24 -
APPOINTMENTS
ITEM # 46701
Upon NOMINATION by Vice Mayor Sessoms, City Council:
APPOINTED:
REAPPOINTED:
Robert N. Melatti
2 year term
7/1/00- 6/30/02
Sharon L. Fraim
Manuel A. Hipol, M.D.
Elliott C. Jones, Ph.D.
Sheila P. Price
John M. Ryan
Warren E. Sachs, D.D.S.
2 year terms
7/1/00 - 6/30/02
ARTS AND HUMANITIES COMMISSION
Vo ting: 11 - 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
Item V-I. 4.
- 25-
APPOINTMENTS
ITEM # 46702
Upon NOMINATION by Vice Mayor Sessoms, City Council:
APPOINTED:
CONFIRMED:
Charles E. Flowers
Unexpired term thru 1/31/2002
Martha J. Goodman
Ex Officio to represent Virginia Beach Foundation, Inc.
REVIEW AND ALLOCATION COMMITTEE (COG)
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
Item V-I. 5.
- 26-
/IPPOINTMENTS
ITEM # 46703
Upon NOMINATION by Vice Mayor Sessoms, City Council:
REAPPOINTED:
Scott/iyers
Judith K. Connors
Daniel F. Creedon
Erie Marie Latimer
Robert M. Stanton
3-year term
07/01/2000- 06/30/03
APPOINTED:
Ronald C. Ripley
Planning Commissioner representing Bayside District No. 4
SHORE DRIVE ~ID VISOR Y COMMISSION
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, dr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
-27-
Item V-I. 6.
APPOINTMENTS
ITEM # 46705
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Elsie M. Barnes
Unexpired term thru 12/20/2003
VIRGINIA BEA CH COMMUNITY DEVELOPMENT CORPORA TION
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June ~ 2000
- 28 -
Item V-K. 1.
NEW BUSINESS
ITEM # 46707
ADD-ON
Uponmotion ~ ~ceMayorSessoms, secon~d~ CouncilmanHa~ison, ~ CouncilADDEDtothe
A~n~:
Ordinance to AMEND and REORDAIN 3~ 2 - 4 of the City Code
pertaining to Recognition of Police, Fire Companies and Rescue Squads
as part of public safety program by ADDING Chaplains; aides and
maldng housekeeping changes.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William V~.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
- 29-
Item V-K.2.
NEW B USINESS
ITEM # 46708
ADD-ON
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN ~ 2 - 4 of the City Code
pertaining to Recognition of Police, Fire Companies and Rescue Squads
as part of public safety program by ADDING Chaplains ', aides and
making housekeeping changes.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
June 6, 2000
1
2
3
4
5
6
7
8
9
10
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 2-4 OF THE CITY CODE
PERTAINING TO RECOGNITION OF POLICE,
FIRE COMPANIES AND RESCUE SQUADS AS
PART OF PUBLIC SAFETY PROGRAM BY
ADDING CHAPLAINS' AIDES AND MAKING
HOUSEKEEPING CHANGES
SECTION AMENDED: ~ 2-4
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
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25
26
27
28
29
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36
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Sec. 2-4. ReCognition of police, fire companies and rescue squads
as part of public safety program.
In gratitude to and in recognition of the valuable and
necessary services performed by police, fire companies and rescue
squads and the individual members thereof, both professional and
volunteer, which service the city, the following police agencies
and chartered fire companies and rescue squads are recognized and
acknowledged to be an integral part of the official public safety
program of the city, and the volunteer members of these police, and
chartered and nonchartered fire companies and rescue squads, shall
be deemed employees for the purposes of the Virginia Workers'
Compensation Act:
%
Blackwater Volunteer Fire Department and Rescue Squad, Incorporated
Chesapeake Beach Volunteer Fire and Rescue ~ Department,
Incorporated
Creeds Volunteer Fire Department and Rescue Squad, Incorporated
Davis Corner Volunteer Fire Department and Rescue Squad,
Incorporated
Green Run Volunteer Fire Company
Kempsville Volunteer Rescue Squad, Incorporated
Item svi~= v~u~,~==~ ~= De artment, incorporated
London Bridge Volunteer Fire Department, Incorporated
Ocean Park Volunteer Fire and Rescue Unit, Incorporated
Oceana Volunteer Fire Department, Incorporated
Plaza Volunteer Fire Company and Life Savln~ and Rescue Squad,
Incorporated
Princess Anne Courthouse Volunteer Res~ue Squad and Fire
Department, Incorporated
~9
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42
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44
4B
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Sandbridge Rescue and Fire ~, Incorporated
Thalia Volunteer Fire Department, Incorporated
Virginia Beach Auxiliary Police
Virginia Beach Borough Volunteer Fire Department, Incorporated
Virginia Beach Rescue Squad, Incorporated
Virginia Beach Volunteer Law Enforcement Chaplains and Chaplains'
Aides
Virginia Beach Volunteer Water Rescue ~ Team
City of Virginia Beach, Department of Emergency Medical Services.
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Adopted by the Council of the City of Virginia Beach, Virginia,
on the 6th day of June, 2000.
CA-7740
ORDIN%PROPOSED\2-4.ord
R2
JUNE 5, 2000
2
,,coMMUNITY FOR A t..tFETIME"
CITY coUNCIL
blAYOR MEYERA E. oBERNDORF, At-Large
vICE vIAYOR wILLIAM D. SEssOMS, JR., At-Large
JOHN A. BAUM, At'Large 6. Beach
LINqY/OOD O. BRANCH, III, District
· . l.Centerville
MARGARET L. EURE, Dts[rkt . - 5_Lvnnhaven
~IARaRISON, JR., D~strtct -
V/ILLIAM YV. District 7 .princess Anne
BARBARA 3L HENLEY,
LOUIS R tONES' District 4.Bayside
REBA S. McCLANAN, District 3-Rose Hall
~qANCY K. pARKER, At-Large
Add. (DON) wEEKS, District 2_Kemp~'ille
JAMES K. sF~RE, Cikv Manager
LESLIE L. LILLEY, Cikv Auornq
RuTH HoDGES-SM[TH' City CIerk
CiTY coUNCIL AGENDA
June 6, 2000
. Conference Room -
CITY MANAGEW S BRIEFING
A. COUNCIL cHAMBER RENOVATIONS:
David M. Grochmal,
Director of General Services
REVIEW OF AGENDA ITEMS
CITY tAI,I BUILI)IN(~ I
O[ WI'It()US '2/)RIVE
2401 C ~ r' \ 2 ~45(
JNq % IWACI VI ~GIN~, ' '
'1,I l( ;NE: ~757)327-4304
,,v ~757 426-566t~
11:30 AM
III.
IV.
CITY coUNCIL coMMENTS
INFORMAL SESSION
. Conference Room -
CALL TO ORDER - Mayor Meyera E. Oberndoff
12:30 P~
ROLL CALL OF CITY CoUNCIL
RECESS TO CLOSED SESSION
FORMAL SESSION
. Council Chamber -
2:00
CALL TO oRDER - Mayor Meyera E. Oberndorf
B. INvoCATION:
Reverend Richard Yates
Beachlawn Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMEKIC
D
ELECTKONIC ROLL CALL OF CITY CoUNCIL
CERTIFICATION OF CLOSED SESSION
MINUTES
1. INFORMAL & FORMAL SESSIONS
May23,2000
AGENDA FOR FORMAL SESSION
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.
H
ORDiNANCESfRESOLUTIONS
Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire
subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-
four (24) property owners, ,(value of the property to be determined by fair market value
appraisal); the City shall retain the right to reserve a 20' drainage and utility easement.
Deferred: May 23, 2000
Ordinance to AMEND the Agricultural Lands Preservation Ordinance to permit certain
uses as "agricultural" uses; redesignating the area of the city in which the Agricultural
Reserve Program applies; AMEND certain requirements re the repurchase o.f development
rights and exchange of easements; and, to make specific technical corrections.
Ordinance to APPROPRIATE $67,000 from the General Fund to provide an interest-free
loan to the Kempsville Volunteer Rescue Squad re a replacement ambulance.
Resolutions referring to Planning Commission proposed amendments re large retail
developments and to direct the Planning Commission to forward its recommendations
thereon to the City Council by July 14, 2000.:
Amendments to § 111,901, 1511 and 1521 of the City Zoning Ordinance (CZO), and
adding a proposed new § 240.1
Amendments to the Comprehensive Plan re design guidelines
5. REFUNDS:
License - $79,518.29
Tax . $ 8,630.65
APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
BEACHES AND WATERWAYS COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HAMPTON ROADS TRANSPORTATION DISTRICT
MINORITY BUSINESS COUNCIL
PERSONNEL BOARD
SHORE DRIVE ADVISORY COMMISSION
SOCIAL SERVICES BOARD
TOWING ADVISORY BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT COMMISSION
UNFINISHED BUSINESS
K. NEW BUSINESS
ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED FROM
TUESDAY, JULY 4, 2000
TO:
WEDNESDAY JULY 5, 2000
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 iDeaf)
06/01/00slb
AGENDA\06/06/00
www.virginia-beach.va.us
CITY OF VIRGINIA BEACH
SUM~IARY OF COUNCIL ACTIONS
DATE: May 23, 2000
PAGE: I
AGENDA
BRIEFING:
DRAINAGE SOUTHERN PART OF THE
CITY
CERTIFICATION OF CLOSED SESSION
VOTE
Arthur R. Shaw
Operations
Engineer,
Department of
CERTIFIED
PUBLIC HEARING:
EXCESS C1TY OWNED PROPERTY: Fox
Ordinance DECLARING City r-o-w EXCESS/
at foxiire AUTHORIZING convey same to
adjacent 24 prope~y owners/City r~ain right to
LYNNHAVEN PARKWAY, PHASE IX:
a. Resolution location/design public Hearing
to request VDOT place aerial utilities
underground
b. Ordinance to AUTHORIZE advance
acquisition of property by purchase or
condemnation
c. Ordinance to ESTABLISH r-o-w b~'wcen
Lishelle Place/Holland Road as
underground utility corridor
d. AUTHORIZE Dir. of Public Works execute
necessary documentS
No Speakers
DEFERRED TO
6/06/00 BY
CONSENT
ADOPTED BY
CONSENT
AMEND § %50 of City Code
adding provision four-wheded bicycles in
resort area (4-15 thru 9-30)
Ordinance to ABOLISH Erosion
Commission/REPEAL§ 6-16 thru § 6-165 of
City Code/ESTABLISH Beaches and
AUTHORIZE encroachmenLs
into portion of city owned r-o-w 20' alley at
1500 Atlantic Ave. for EWALBE re 2 security
STAFF
REVIEW/TO BE
ADOPTED BY
CONSENT
ADOPTED AS
CON DITIONED
Ordinance to TRANSFER $3,159 to
Housing/Neighborhood Preservation to
reimburse,
TRANSFER / APPROPRIATE
$660,535 to Court Service Unit re Juvenile
ADOPTED BY
CONSENT
ADOPTED BY
CONSENT
Resolution to temporarily change location of
City Council meetings to School
Resolution REFERRING to Planning Corem
proposed amendments to § 111 Article two of
CZO establishing design/standards for retail
ADOPTED BY
CONSENT
ADOPTED W/
REVISED
ORDINANCE
CAVALIER GOLF/YACHT CLUB closure
of portion of Cardinal Road at Starling Court
CHARLES GdSUSAN L. BARKER closure
of portion of Southern Blvd. At Kentucky Ave.
HALL - DISTRICT
JERROLD L. MILLER Variance to
Subdivision Ordinance all lots meet CZO at
1242 N. Irdynnview Rd. re reducing the width of - DISTRICT
BRENDA CUFFEE/ALBERT ROWSEY
Variance of Subdivision Ordinance re all lots
have access to public street at Alberthas Dr.
ADOPTED/
CONDITIONED
BY CONSENT
ALLOWED
WITHDRAWAL
APPROVED BY
CONSENT
APPROVED/
CONDITIONED
BYCONSENT
CITY OF VIRGINIA BEACH
SUMMARY OF COUNCIL ACTIONS
0
H M B
A C E S
DATE: May 23, 2000 B R H C R P E
PAGE: 2 R R E J L N A S W
B A E I N O A D R S E
A N U S L N N O K O E
U C R O E E A R E M K
AGENDA M H E N Y S N F R S S
ITEM # SUBJECT MOTION VOTE
5 MILTON A. PALMER, SR., eximuslon of DEFERRED 11-0 Y Y Y Y Y Y y y y y y
nonconforming use at 309 Shipps Ln. INDEFINITELY
(BEACH - DISTRICT 6) BY CONSENT
6 JAMES M ARNHOLD enlargement of APPROVED/ 10-1 Y Y Y Y Y Y N Y Y Y Y
nonconforming use at Chesapeake Bay Shores CONDITIONED
(2414 Spinak~r Ct.) (LYNNHAVEN- BY CONSENT
DISTRICT 5)
7 RECONSIDERATION COZ lost to negative APPROVED/A~ 8-3 Y Y N Y Y Y Y N N Y Y
vote March 7, 2000. COLLETT PROFFERED/
PROPERTIES, INC./COLLETT Delete Proffer # 9/
CHESAPEAKE PARTNERS fi.om B-2 to Additional
Conditional B-2 fi.om I-I to Conditional B-2 at provisions
Parker Ln./Va. Beach Bird (BEACH - addressed during
DISTRICT 6) site plan review
8 WAWA, INC. CUP auto services (fuel sales) APPROVED/ 11-0 Y Y Y Y Y y y y y y y
with a convenience store at Rosemont Rd./ CONDITIONED
Sentara Way (ROSE HALL - DISTRICT 3) BY CONSENT
9 SPIRIT RENT A CAR, INC./CARTEMPS APPROVED/ 11-0 Y Y Y Y Y y y y y y y
USA CUP motor vehicle rentaF! 16 S. CONDITIONED
Independence Blvd., Suite # 104 (ROSE HALL BY CONSENT
- DISTRICT 3)
I 0 JOHN DAVID VOGEL CUP: recreational APPROVED/ 11-0 Y Y Y Y y y y y y y y
facility corn maze at 2400 London Brdg. Rd. CONDITIONED
(BEACH - DISTRICT 6) BY CONSENT
11 CAPE HENRY COLLEGIATE SCHOOL APPROVED/ 11-0 Y Y Y y y y y y y y y
CUP expansion of private school at 1320 Mill CONDITIONED
Dam Rd. (LYNNHAVEN - DISTRICT 5) BY CONSENT
12 CITY to AMEND § 401 of COZ recreational APPROVED/ 11-0 Y Y Y Y y y y y y y y
and amusement in AG-I/AG-2 CONDITIONED
BY CONSENT
K APPOINTMENTS: RESCHEDULED B Y C O N S E N S U S
ARTS AND HUMANITIES COMMISSION
HAMPTON ROADS PLANNING DISTRICT
COMMISSION
HAMPTON ROADS TRANSPORTATION
DISTRICT
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOARD
L/M/ ABSTRACT OF CIVIL CASES RESOLVED - ACCEPTED FOR B Y C O N S E N S U S
I APRIL, 2000 RECORDATION
2 Resolution AUTHORIZING/DIRECTING ADOPTED 11-0 Y Y Y y y y y y y y y
ADD City Manager/City Attorney take actions
ON necessary to upgrade conditions at Resort Area/
help council achieve goal of developing City
into a World-Class Resort destination
N ADJOURNMENT: 8:55 PM
CITY COUNCIL SESSIONS
RESCHEDULED FROM
TUESDAY, JULY 4, 2000
TO:
WEDNESDAY JULY 5, 2000
Item V-L.
- 30-
ADJOURNMENT
ITEM # 46707
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 3:12 P.M.
Chief Deputy City Clerk
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 6, 2000
~I41A.B£,
!,,_.]ff~ ~it3~ of Virginia f~cach
OFEICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-4135
TDD (757) 427-4305
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VA 23456-9001
June 1, 2000
The Honorable Meyera E. Oberndorf, Mayor
Members of City Council
Dear Councilmembers:
Attached is a Policy Report and a draft ordinance establishing a Council Appointed
Advertising Agency Selection Committee. This item will be placed on Council's June 13, 2000,
agenda for your action.
dsc
Sincerely,
C. Oral Lambert, Jr.
Chief Operating Officer
Attachments
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and ~uality in the Public Sector.
Policy Report
Advertising Agency Selection Process
BACKGROUND
The Department of Economic Development has maintained contracts for advertising and public relations
services since 1972. Contracts were amended to include the Department of Convention and Visitor
Development as a separate entity when it was established. Currently, a contract for advertising and
public relations services for the Departments of Convention and Visitor Development, Economic
Development, and the Department of Museums & Cultural Arts exists with the firm of Barker Campbell
Farley and Mansfield. The existing contract expires on December 31, 2000. There are no remaining
options for additional renewal of the existing contract.
The Department of Economic Development has elected, on the recommendation of an independent
consultant, not to be included in the new Advertising and Public Relations contract. Economic
Development's consulting firm suggests a new marketing image for business attraction and relocation
and to break away from an image of a tourist destination. With this recommendation in mind, the
Department of Economic Development will be soliciting their own proposals for an advertising and
public relations firm.
In order to select and prepare competent advertising and public relations counsel by January 1, 2001,
a process to select appropriate representation should commence presently.
CONSIDERATIONS
1)
2)
Operational Considerations
An informal RFP committee comprised of representatives of Convention and Visitor
Development, Public Information, Museums, Finance/Purchasing and City Attorney will be
formed to draft an RFP for services as outlined in the recommendations.
Legal Considerations
The City Attorney's Office concurs with the departments' interpretation of state purchasing laws
and policies and supports their findings, which indicate that while there is no requirement to do
so, City Council may appoint an Advertising Agency Selection Committee. Further,
§ 2-451 of the Code of the City of Virginia Beach allows such short-term advisory agencies to
be appointed by City Council, to be abolished when their mission is accomplished and their
report filed with the City Clerk for distribution to City Council.
3)
Budgetary Impacts and Considerations
Fiscal year 00-01 budget appropriations for advertising, publicity and promotional materials will
be disbursed through the existing accounts with Barker Campbell Farley & Mansfield for work
done during the remainder of the calendar year, and to the agency(s) chosen by the Advertising
Agency Selection Committee beginning January 1, 2001.
No federal funding involved.
1)
2)
ALTERNATIVE COURSES OF ACTION
Council appoints Advertising Agency Selection Committee:
Council-appointed Advertising Agency Selection Committees have chosen the City's advertising
and public relations agencies and/or determined to exercise options to renew existing contracts
for the past 10 years. The procedure has worked well. The committees have been comprised of
members of the public and private sector.
Council directs City Manager to establish a city staff committee comprised of members of the
following departments/agencies:
Finance/Purchasing, City Attorney, Convention and Visitor Development, Museums and Public
Information. A city staff committee could competently complete the selection process should
Council determine not to involve the private sector in the decision-making process. A city staff
review committee would enable the city to allow staff professionals with knowledge of day-to-
day operations, direct input into the quality expectations of the services through the selection
process. However, public perception of staff bias could result.
RECOMMENDATIONS
1)
2)
3)
That an Advertising Agency Selection Committee be appointed no later than June 15, 2000, to
review and approve the RFP, review responses to the RFP, choose agencies for presentation,
view presentations and determine which agency(s) can most effectively represent the City of
Virginia Beach.
That the RFP prepared by staff be distributed to an Advertising Agency Selection Committee for
review and final approval, asking for proposals for full-service advertising and public relations.
The selection process must be complete by October 1, 2000 to ensure appropriate planning for
the transition of publicity and related activities should the incumbent not be the successful bidder.
That full-time advertising and public relations services be performed for Convention and Visitor
Development, Museums and/or any other City department or agency desiring such services.
2
4)
5)
Departments other than those specifically listed would not be "required" to use the services of
the contracted firm, but would be encouraged to realize the economies of scale by taking
advantage of existing resources to ensure consistency of image. The Department of Economic
Development will seek their own contract in a separate RFP process in conjunction with a recent
consulting firm's strategy which recommends a totally new high-tech marketing image
specifically targeted to business and industry.
That the Advertising Selection Committee continue with a consolidated advertising and public
relations services agreement under one contract, by a single agency. Consolidation of advertising
and public relations contracts under one agency allows simplification and streamlining of related
marketing programs, encourages joint publicity endeavors and results in cost benefits for city
agencies.
That a Council appointed Advertising Agency Selection Committee be comprised of the
following voting members'
B.
C.
D.
E.
F.
G.
Chair of the Resort Leadership Council
Chair of the Hotel/Motel Association
Chair of the Restaurant Association
Chair of Retail Association
Director of the Department of Convention and Visitor Development
Director of the Department of Museums
Chair of the Virginia Marine Science Museum Board
Submitted by:
~a0~s B. Ricketts, Director /
vention & Visitor Development
Reviewed by:
Ciky_2~lanager
Date:~'~-~ c>~-/
Date:
3
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO:
FROM:
ITEM:
The Honorable Mayor and Members of Council
James K. Spore, City Manager
Advertising Agency Selection Process
MEETING DATE:
Background:
The Department of Economic Development has maintained contracts for advertising and public relations
services since 1972. Contracts were amended to include the Department of Convention and Visitor
Development as a separate entity when it was established. Currently, a contract for advertising and public
relations services for the Departments of Convention and Visitor Development, Economic Development, and
the Department of Museums & Cultural Arts exists with the firm of Barker Campbell Farley and Mansfield.
The existing contract expires on December 31, 2000. There are no remaining options for additional renewal
of the existing contract.
The Department of Economic Development has elected, on the recommendation of an independent consultant,
not to be included in the new Advertising and Public Relations contract. Economic Development's consulting
firm suggests a new marketing image for business attraction and relocation and to break away from an image
of a tourist destination. With this recommendation in mind, the Department of Economic Development will be
soliciting their own proposals for an advertising and public relations firm.
In order to select and prepare competent advertising and public relations counsel by January 1, 2001, a process
to select appropriate representation should commence as soon as possible.
Considerations:
All operational, legal and budgetary considerations have been reviewed and discussed with the appropriate City
departments to ensure compliance with City and State Codes. These include selection of committee members
to draft the RFP for services, legal interpretation of state purchasing laws and policies and appointment by City
Council of a short-term Advertising Advisory Selection Committee. Budget appropriations for advertising,
publicity and promotional materials will be disbursed through existing accounts with Barker Campbell Farley
& Mansfield for work done during the remainder of calendar year 2000, and to the agency chosen by the
Advertising Agency Selection Committee beginning January 1, 2001. No federal funding is involved.
Public Information:
The requests for proposals for the subject advertising and public relations contract will be announced in local
and national publications.
Alternatives:
(1) Council appointed Advertising Agency Selection Committee chooses the City's new advertising and public
relations agency. This procedure has worked well for the past 10 years. The committees have been comprised
of members of the private sector.
(2) Council directs City Manager to establish a city staff committee comprised of members of
Finance/Purchasing, City Attorney, Convention and Visitor Development, Museums and Public Information.
A city staff committee could competently complete the selection process should Council determine not to
involve the private sector.
Recommendations:
1)
Advertising Agency Selection Committee be appointed no later than June 15, 2000 to review and
approve the RFP, review responses to the RFP, choose agencies for presentation, view presentations
and determine which agency(s) can most effectively represent the City of Virginia Beach. The selection
process must be complete by October 1, 2000 to ensure appropriate planning for the transition of
publicity and related activities should the incumbent not be the successful bidder.
2)
The RFP prepared by staff be distributed to an Advertising Agency Selection Committee for review and
final approval, asking for proposals for full-service advertising and public relations.
3)
That full-time advertising and public relations services be performed for Convention and Visitor
Development, Museums and/or any other City department or agency desiring such services.
Departments other than those specifically listed would not be "required" to use the services of the
contracted firm, but would be encouraged to realize economics taking advantage of existing resources
to and ensure consistency of image. The Department of Economic Development will seek their own
contract in a separate RFP process in conjunction with a recent consulting firm's strategy which
recommends a totally new high-tech marketing image specifically targeted to business and industry.
4)
The Advertising Selection Committee continue with a consolidated advertising and public relations
services agreement under one contract, by a single agency. Consolidation of advertising and public
relations contracts under one agency allows simplification and streamlining of related marketing
programs, encourages joint publicity endeavors and results in cost benefits for city agencies.
5)
The Council appointed Advertising Agency Selection Committee be comprised of the following voting
members:
A. Chair of
B. Chair of
C. Chair of
D. Chair of
E. Director
F. Director
G. Chair of
the Resort Leadership Council
the Hotel/Motel Association
the Restaurant Association
Retail Association
of the Department of Convention and Visitor Development
of the Department of Museums
the Virginia Marine Science Museum Board
Attachments:
Copy of Advertising Agency Selection Process Policy Report
Copy of City of Virginia Beach Ordinance
Recommended Action: Appoint Advertising Agency Selection Committee as
recommended
Submitting Department/Agency: Convention and Visitor Development
City Manager:
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~7~CE TO ESTABLISH THE
VIRGINIA BEACH ADVERTISING AGENCY
SELECTION COMMITTEE
WHEREAS, the City's existing contract for advertising and
public relations services, and all renewals thereof, expires on
December 31, 2000;
WHEREAS, by ordinance adopted July 11, 1995, City Council
established an Advertising Agency Selection Committee, and
appointed representatives of the City and the private sector to
examine and evaluate proposals received in response to the City's
RFP for advertising and public relations services;
WHEREAS, pursuant to that ordinance, the Committee
automatically dissolved upon the City's award of a contract for
such services;
WHEREAS, in the next several months, City staff will be
drafting a new Request for Proposals ("RFP") to solicit proposals
from qualified agencies interested in providing such services to
the City beginning January 1, 2001; and
WHEREAS, the Department of Convention and Visitor
Development has recommended that City Council establish a new
Advertising Agency Selection Committee, comprised of designated
City and private sector representatives, for the purpose of
reviewing and approving the RFP prepared by staff, reviewing and
evaluating the proposals received in response to the RFP, and
selecting and recommending to City Council an agency to provide
advertising and public relations services to the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby establishes the Virginia
Beach Advertising Agency Selection Committee;
2. That the Committee shall be comprised of the
following members:
a.
his designee;
The Chair of the Resort Leadership Council or
b. The President of the Virginia Beach Hotel and
Motel Association or his designee;
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c. The President of the Virginia Beach Restaurant
Association or his designee;
d. The President
Association or her designee;
of the Resort Retailers
e. The President' of the Virginia Marine Science
Museum Foundation, Inc. or his designee;
f. The Director of the Department of Convention
and Visitor Development; and
go
Cultural Arts.
The Director of the Department of Museums and
3. That the purpose of the Committee shall be to review
and approve the RFP for advertising and public relations services
prepared by City staff, to review and evaluate proposals received
in response to the RFP, and to select and recommend to City Council
an agency to provide advertising and public relations services to
the City beginning January 1, 2001; and
4. That the Conunittee shall automatically dissolve upon
the City's award of a new contract for the provision of advertising
and public relations services to the City.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2000.
CA-7723
ORDIN\NONCODE\ADVERTISE SELECT COMM.ORD
R4
JUNE 1, 2000
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
Convention & Visitor
Development
City Attorney's Office
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OFFICE OF THE CITY MANAGER
(757) 427-4242
FAX (757) 427-4135
TDD (757) 427-4305
City of Virginia
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VtRGINIA BEACH, VA 23456-9001
June 2, 2000
The Honorable Mayor and
Members of Council
RE: Poficy Report on Location of Recovery Center
Dear Councilmembers:
Attached is a Policy Report from the Community Services Board regarding
alternative locations for a new Recovery Center facility. This item wi//be discussed at
your briefing session on Tuesday, June 13.
Sincere/y,
C. Oral Lambert, Jr.
Chief Operating Officer
COLjr/kma
Attachment
Proud Recipient of the 1998 U.S. Senate Medallion of Excellence for Productivity and Quality in the Public Sector.
Policy Report
LOCATION OF RECOVERY CENTER
BACKGROUND:
Over the past fourteen years, the Community Services Board has operated a recovery
program for substance abuse consumers in portable buildings located on the grounds of
Open Door Chapel. The purpose of the program is to provide immediate substance abuse
detoxification services and divert individuals from the criminal justice system. This service
is required as a community based diversion program in order to receive state funding for
the planned jail expansion.
The Recovery Center has a current capacity of 14 beds with an average length of stay of
3 days/admission. Approximately 1,000 persons are provided services through this
program on an annual basis. Data from community agencies including the Police
Department indicates that the need for the service continues to grow with the majority of
referrals coming from the second precinct area of the city. Based upon service demand,
a 20 bed facility is needed. In May of 1999, City Council approved the inclusion of a new
facility in the CIP in the amount of $1,259,000 and asked that staff explore alternative
locations which would best meet program and community needs.
CONSIDERATIONS:
Mental health staff have worked closely with staff from Public Works, General Services,
Management Services, and the Planning Departments in order to identify appropriate
alternative facility options which would address the following considerations ·
2.
3.
4.
5.
6.
Service delivery needs of the population
State program licensure requirements
Accessibility for referrals by community agencies and citizens
Compatibility with neighborhood interests
Co-location potential with other agencies
Available resources
Based upon extensive analyses of these considerations, three primary alternatives have
been explored.
ALTERNATIVE ONE- GEICO BUILDING:
The facilities team considered the possibility of purchasing and renovating the Geico
Building on Virginia Beach Boulevard. The site offered a number of potential strengths
including:
location is convenient and located adjacent to the current facility
the building provided more space than currently needed thereby allowing for
program growth and/or co-location of other services needing space
adequate parking
However, given the age of the building and the extensive renovations required in order to
meet code and ADA standards, the cost of the project was judged to be significantly more
than budgeted in the ClP. This alternative was removed from further consideration when
we were notified that the owner had received another offer.
ALTERNATIVE TWO - TRICARE BUILDING:
This building, located on Lynnhaven Parkway near the intersection with Holland Road, had
received extensive staff consideration last summer when the building was originally offered
for purchase. But an engineering analysis of the exterior of the building revealed that
significant repairs would be required to address moisture damage. Consequently, the
feasibility of purchasing and renovating this building within existing budgeted resources
was reevaluated. Ultimately the building was purchased by another party who is currently
marketing the building for resale.
This site offers several important advantages including:
good location
the interior could be easily renovated to meet the program needs of the facility
surplus space could be made available to other agencies
The primary disadvantage continues to be the cost of the building including the expense
of interior renovations and the repairs necessitated by moisture damage. Neighborhood
response to the facility in this area is also unknown.
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AL TERNA TIVE THREE - OLD SEA TACK E£~_MENTARY SCHOOL:
The final alternative that has received consideration is the co-location of the recovery
program with the Law Enforcement Academy on the grounds of the old Seatack
Elementary School. Working closely with the police and sheriff's departments, the facilities
team has extensively analyzed this option over the past year. Preliminary site reviews by
Public Works staff suggest that the building can be located on the south side of the school
which will allow the programs to operate in a compatible manner. The configuration of the
building on the site would meet the AICUZ requirements for residential facilities. Two
extended discussions have been held with community leaders in the Seatack community,
and they have provided written endorsement of the project.
Key advantages to this site are:
proximity to the second precinct which is the primary source of referrals
estimated cost of the project is within budget
the community appears to be receptive to the program and has identified
opportunities for additional collaborations with services
program compatibility with the law enforcement academy
proximity to emergency medical services
community leaders have offered to assist us in providing a public presentation in
order to solicit public input on the design of the facility
RECOMMENDATION:
Based upon the year long analysis of these sites and the need to relocate this program
from the existing facility, we recommend that City Council direct staff to pursue the old
Seatack Elementary School alternative. Further we propose that the following course of
action would be undertaken including:
Work with the Seatack Community and the Public Information Office to provide a
public forum in which staff could review the program plan and respond to questions
and issues that might be identified by forum participants. Feedback from the forum
would be reviewed with the goal of incorporating feedback and suggestions in order
to complement the neighborhood. Staff are committed to a public process that
involves community leaders in helping to plan and implement this project in a
manner that produces a quality facility that will enhance the neighborhood.
Engage architectural contract staff to begin the process of defining the project
scope and construction schedule.
Continue to collaborate with the police and sheriff's departments to assure that the
renovation of the school and the construction of the project are coordinated efforts.
Staff will be available at the June ~- 3 briefing session to discuss this further and to receive
Council's direction.
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Prepared and
Reviewed By:
Approved as
to Content:
Approved as
to Legal
Sufficiency:
Approved:
k¢~ns, Ph.D.
Department Director
Chief Operating Officer
,.,' .x' /'
City Attorney
Date
Date
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