MARCH 26, 1990 MINUTESCit_ r et vrir ir i [ eacl
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At Large
VICE MAYOR ROBERT E. FENTRESS, Virginia Beach Borough
ALBERT W. BALKO, Lynnhaven Borough
JOHN A. BAUM, Blackwater Borough
HAROLD HEISCHOBER, At Large
BARBARA M. HENLEY, Pungo Borough
REBA S. McCLANAN, princess Anne Borough
JOHN D. MOSS, Kempsville Borough
NAhlCy K. PARKER, At Large
JOHN L. PERRY, Bayside Borough
WILLIAM D. SESSOMS, JR., At Large
AUBREY V. WATTS, IR., City Manager
LESLIE L. LILLEY, City Attorney
RUTH HODGES SMITH, CMC/AAE, City Clerk
CITY COUNCIL AGENDA
MARCH 26, 1990
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9005
1804~ 427-4303
ITEM I. CITY MANAGER'S BRIEFINGS
- Conference Room - 4:00 PH
Be
Ce
MANNING, SAVAGE & LEE
Harland W. Warner, Executive Vice-President
Charles D. Bussey, Senior Counsel
FORESTRY ACTIVITIES IN VIRGINIA BEACH
William L. Pierce, Regional Forester, Virginia Department of Forestry
LABOR DAY COMMUNITY COORDINATION COMMITTEE
Andrew S. Fine, Co-Chair
Dr. Harrison B. Wilson, Co-Chair
ITEM II. COUNCIL CONFERENCE SESSION
- Conference Room - 5:00 PM
A. CITY COUNCIL CONCERNS
ITEM 111. D I N N E R
- Conference Room- 5:20 PM
ITEM IV. INFORMAL SESSION
- Conference Room - 5:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF COUNCIL
C. MOT1 ON TO RECESS 1NTO EXECUTIVE SESS I ON
ITEM V. FORMAL SESSION
- Council Chamber - 6:00 PM
A. INVOCATION: Reverend Thomas Jennings, Jr.
Glenrock National Baptist Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - March 19, 1990
F. PRESENTATI ON
SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, INCORPORATED
A. James DeBellis, President
(Sponsored by Council Lady Nancy K. Parker)
G. RESOLUTIONS/ORDINANCES
Resolution to participate in the merger of the Southeastern
Vl rglnla Planning Distrlct Commission and the Peninsula Planning
District Commlssion creating the Hampton Roads Planning District
Commission under the provisions of the Virginia Area Development
Act.
2. Resolution directing the Planning Co~lsslon to consider and make
its recommendations re:
ao
Proposed adoption of a tree planting, preservation and
replacement Ordinance for Residential Subdivisions;
b. Amendment to the parking lot landscaping Ordinance;
c. Specifications and standards for planting;
d. Amendment to Section 203 of the City Zoning Ordinance re off-
street parking requirements.
Ordinance, upon SECOND READING, to ACCEFT and APPROPRIATE $54,000
from the U.S. Department of Housing and Urban Development for a
Federal Emergency Shelter Grant to assist homeless actlvltles.
4. Ordinances authorizing license refunds in the amount of $3,229.75.
H. PUBLIC HEARING
1. PLANNING
Ordinance for the discontinuancet closure and abandonment of a
portion of Broad Street beginning at the Western boundary of
Southgate Avenue and running in a Westerly direction a distance
of 125 feet, said parcel being 60 feet in width and containing
7,500 square feet in the petition of LOIZOU, INC., T/A A&G AUTO
SALES (BAYS IDE BOROUGH).
DEFERRED 180 days for compliance (September 18, 1989).
Recommendation: FINAL APPROVAL
be
Application of BAYLAKE PINES SCHOOL for a Conditional Use
Permit for a private school on the North side of
Shore Drive, 500 feet more or less East of Greenwell Road
(4444 Shore Drive), containing 4.978 acres (BAYSIDE BOROUGH).
Recommendation: APPROVAL
Application of PAUL KYRUS and MICHAEL XYSTROS for a Conditional
Use Permit for a temporary parkin9 lot at the Northeast corner
of Atlantic Avenue and 31st Street, containing 1.03 acres
(VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
d. Application of ARTHUR N. ROEHLING for a Conditional Use Permit
for a single family dwelling in the AG-1 Agricultural District
on the West side of Blackwater Road, 847.42 feet South of
Pungo Ferry Road, containing 7.34 acres (BLACKWATER BOROUGH).
Recommendation: APPROVAL
e. Application of KI~J~MER TIRE CO., INC. for a Conditional Use
Permit for tire and auto repai[ on the South side of
Dam Neck Road, 250 feet West of General Booth Boulevard,
containing 19,101 square feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
f. Application of H. ERNEST and LEONTINE BRO#N for a Conditional
Zoning Classification from R-20 Residential District to B-lA
Limited Community Business District at the intersection of
Princess Anne Road and Mathews Green, containing 34,848 square
feet (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
g. Application of BISHOP W. L. SULLIVAN, Richmond Diocese, for a
Conditional Use Permit for a church and rectory at the
Northeast corner of Sandbri dge Road and Painters Lane,
containing 7.442 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
h. Application of WILLIAM K. and BETq~¢ L. WlDI3EON for a
Conditional Use Permit for a plant nursery on the North side of
Holland Road, West of Princess Anne Road (2728 Holland Road),
containing 3.149 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
i. Application of WILLIAMS CORPOPJ~TION OF VIRGINIA for a
Conditional Use Permit for filling a borrow pit on the West
side of Centerville Turnpike, 1600 feet more or less North of
Kempsville Road, containing 89.8 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
j. Application of JDH/LBS, a General Partnership, for a Change of
Zoning District Classification from AG-2 Agricultural District
to B-1 Neighborhood Business District on the Northeast side of
Princess Anne Road, 1052 feet more or less Northwest of
Glebe Road, containing 1.74 acres (PRINCESS ANNE BOROUGH).
DEFERRED January 8, 1990.
Recommendation: DENIAL
k. Application of BOOTH HILL JOINT VENTURE for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires all
lots created by subdivision meet all requirements of the City
Zoning Ordinance on the West side of General Booth Boulevard,
450 feet more or less North of Dam Neck Road
(PRINCESS ANNE BOROUGH).
DEFERRED February 26, 1990.
Rec ~ommendation: DENIAL
I. UNFINISHED BUSINESS
J. NEW BUSINESS
e
SURFS I DE AT SANDBR I DGE
Larry S. McBride, Director, Tidewater Regional Office
State Water Control Board
SOUTHEASTERN PUBLIC SERVICE AUTHORITY OF VIRGINIA - RECYCLING
P. Wade Kyle, Administrator, Solid Waste
K. ADJOURNMENT
ClT~ COUNCIL SESSION RESCHEDULED
APRIL 30, 1990 2:00 Pti
(Plannin9 Items)
RESCHEDULE OF APRIL 9, 1990
"PASSOVER" HOLIDAY
(All other Sessions will be in accordance with the City Code)
FY 1990-1991 OPERATING BUDGET
APRIL 2, 1990 2:00 PM
CITY MANAGER'S PRESENTATION TO CITY COUNCIL
(Formal City Council Session)
APRIL 5, 1990 2:00 PM - 4:00 PM
COUNCIL WORKSHOP - SCHOOL BUDGET
Council Conference Room
APRIL 16, 1990
CITY COUNCIL WORKSHOP - CITY BUDGET
APRIL 19, 1990 7:00 PM
PUBLIC HEARING - CITY/SCHOOL BUDGET
Princess Anne High School
APRIL 23, 1990
COUNCIL WORKSHOP
FY 1990-1991 OPERATING BUDGET
MAY 2, 1990 4:00 PM - 6:00 PM
COUNCIL RECONCILIATION WORKSHOP
FY 1990-1991 OPERATING BUDGET
Council Conference Room
MAY 7, 1990 2:00 PM
PUBLIC HEARING AND FIRST READING
APPROPRIATION ORDINANCE
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
MAY 14, 1990 2:00 PM
SECOND READING AND ADOPTION BY CITY COUNCIL
FY 1990-1991 OPERATING BUDGET
(Formal City Council Session)
3-22-90 lbs
Item VI-E.1.
MINUTES
- 12-
ITEM # 32648
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
APPROVED the MINUTES of the INFORMAL AND FORMAL SESSIONS of March 26, 1990,
with the following AMENDMENTS:
ITEM # 32612, Page 17:
Resolution directing the Planning Commission
consider and make its recommendations re:
Proposed adoption of a tree planting,
preservation and replacement Ordinance for
Residential Subdivisions;
Amendment to the parking lot landscaping
Ordinance;
Specifications and standards for planting;
Amendment to Section 203 of the City Zoning
Ordinance re off-street parking requirements.
Modification of certain development
regulations.
to
Exhibit A of the Draft Parking Lot and Foundation
Landscaping Specifications and Standards, Page 1,
Line 20, shall read '2 to 2-1/2 inch calipers',
instead of '2-1/2 to 3 inch calipers'.
Article 2, Section 203, Ordinance re Off-street
Parking, Page 3, Number (29), shall read 'at least
one (1) space per two hundred seventy (270) square
feet of floor area', instead of 'one (1) space per
two hundred fifty (250) square feet of floor area.
Councilwoman Parker advised of corrections to the news article relative the
Virginia Beach Sister Cities Association (ITEM ~32610, Page 15). The article
reflected Councilwoman Parker as sponsoring the delegation from Japan. Pat
Bridges and Dr. Hiro Hamada should receive the credit. Councilwoman Parker
advised she served as Recording Secretary last year.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
April 2, 1990
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 26, 1990
The CITY MANAGER'S BRIEFING relative a CO~CUNICATIONS PLAN FOR VIRGINIA BEACH -
LABOR DAY 1990 by MANNING, SELVAGE & LEE was called to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hall Building, on Monday, March 26,
1990, at 4:00 P.M.
Council Members Present:
Albert W. Balko, John A.. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
-2-
CITY MANAGER'S BRIEFING
MANNING, SELVAGE & LEE
4:03 P.M.
ITEM # 32596
James Ricketts, Director - Department of Convention and Visitor Development,
advised MANNING, SELVAGE & LEE has been engaged to assist the City with their
Public Relations effort concerning LABOR DAY 1990. Mr. Ricketts introduced
Harland W. Warner, Executive Vice President - MANNING, SELVAGE & I.EE and
General Charles D. Bussey, Senior Counsel - MANNING, SELVAGE & LEE.
The City of Virginia Beach has asked MANNING, SELVAGE AND LEE to help seek and
seize opportunities to "reach out to all constituencies and markets" in efforts
to ensure that the "Real Virginia Beach" is effectively portrayed.
Mr. Warner cited a most positive report which was televised Sunday, March 25,
1990, on Channel 5, in Washington, D.C, concerning the Student S-mmit
Conference held this past weekend at the Virginia Beach Resort and Conference
Center. It ended with Mayor Oberndorf stating LABOR DAY 1990 was a "Win/Win
Situation" with her thumbs raised in the air.
The best public relations is performance. The Media are the representatives for
the public.
General Bussey outlined the COMMUNICATIONS PLAN FOR VIRGINIA BEACH - LABOR DAY
1990. The plan is a living document. It will be updated frequently, based on
evaluation results, to build on successes and to refine or revise strategies or
messages where appropriate to achieve The City's goals.
General Bussey reiterated the specific parts of the SCOPE OF WORK:
Recommend how to develop a comprehensive public relations plan for
the City Government using, where possible, the City Government's
existing expertise and resources.
Help the City Manager develop a communications plan to support the
strategies adopted by the City Council. This plan will identify the
various publics the city wants to reach, the messages it wants to
communicate to each public, and the media that will be used to
communicate these messages.
Establish and maintain effective relations with national impact
media, and proactively communicate the City's messages to these
media.
Provide communications counseling for City officials, giving
particular emphasis to responding to requests from national media.
Review Communications logistics and recommend
improvements in the flow of public information.
appropriate
Review and analyze print and electronic media coverage of LABOR DAY
1989 and recommend specific communications strategies for LABOR DAY
1990.
Identify affected publics and determine attitudes,
perceptions and opinions affecting their responses
to LABOR DAY 1989 and their expectations for LABOR
DAY 1990.
From local, regional and national perspectives,
recommend possible strategies for LABOR DAY 1990
and determine how each strategy might impact on
local, regional, national and international
publics.
Identify and train appropriate city spokesperson for LABOR DAY 1990.
Help monitor LABOR DAY 1990 weekend activities.
Provide communications consulting services to City officials throughout the
contract period.
March 26, 1990
-3-
CITY MANAGER ' S BRIEFING
LABOR DAY COMMUNITY COORDINATION COMMITTEE
ITEM # 32596 (Continued)
General Bussey quoted the MISSION STATEMENT: "MANNING, SELVAGE AND T.RR and THE
POLIZOS AGENCY will help Virginia Beach restore and maintain its reputation
among potential visitors, financial institutions, bond rating agencies,
convention planners and corporations as a quality community in which to live, a
desirable family vacation resort, and a prime relocation site for business and
industry. In the process, MS & L will help the City identify and communicate
the many positive steps it has taken, and is taking to put LABOR DAY 1989
behind it and to make traditional events and LABOR DAY 1990 positive and
pleasant experiences."
This COMMUNICATIONS PLAN is a road map which will assist the City in delivering
messages to its various public.
Virginia Beach, Virignia's largest city, with 400,000 residents and a land area
of 310 square miles, has been known as a diverse, growing, hospitable, pleasant
racially harmonious and vibrant city. Such positive characteristics projected
the City as a quality residential community, an attractive family vacation
spot, an excellent location for meetings and conventions, and a desirable home
for business and industry. This changed in 1989. For the first year in modern
times, the City experienced no growth in tourism. Bad weather and competition
were partly responsible. However, one of the major impacts on the City of
Virginia Beach was LABOR DAY 1989. As a result of national coverage of the
events, tarnish was placed on this City's former very bright image. Since LABOR
DAY 1989 had been promoted as GREEKFEST and was attended by thousands of black
college students, the predominately black fraternities and sororities also had
their reputations tarnished. Whatever the cause, or causes, of LABOR DAY 1989
violence, damage to the City's once bright image translates into lost revenue
from tourism and conventions, and must be repaired. LABOR DAY 1990 has to be a
safe and positive event.
General Bussey cited the Research Findings.
City officials seem genuinely concerned about the potential economic
impact of negative perceptions about Virginia Beach and appear committed
to doing what it takes to restore the City's former image.
Positive Steps have been taken involving appointment of the LABOR DAY
TASK FORCE, LABOR DAY COMMUNITY COORDINATION COMMIttEE
The Police Department's Outreach efforts to Historically Black colleges
and University Campuses appear to be successful.
City Officials are willing to help communicate the efforts for LABOR DAY
1990. Their willingness includes participating in sensitivity and
spokesperson training.
Media organizations already are planning how they will cover LABOR DAY
1990.
Student leaders and student groups on various campuses are meeting,
talking and planning positive activities for LABOR DAY 1990. These
include concerts, competitions, athletic contests and a job fair. Not all
young peopole at LABOR DAY 1989 were college students. The crowd included
recently graduated college students, military personnel, high school and
middle school students and probably a goodly number of school dropouts.
March 26, 1990
- 4 -
CITY MANAGER'S BRIEFING
LABOR DAY COMMUNITY COORDINATION COMMITTEE
ITEM # 32596 (Continued)
Many college students desire to clear the reputation of their
fraternities and sororities who perceive the need to affirm their right
to visit any place. They desire and will return to Virginia Beach this
Labor Day.
News coverage of LABOR DAY 1989 and its aftermath was influenced by the
media's inability to speak with authoritative sources. Frustration and
speculation helped fill the news vacuum that developed.
Young African-Americans strongly resented Virginia Beach's employment of
National Guard Troops. Emotionally this carried them back to the civil
rights struggles of the 1960's.
Potential visitors want to know specifically what Virginia Beach is doing
to make LABOR DAY 1990 a pleasant and safe holiday.
General Bussey advised the next step in the process involved serious PLANNING,
of which there are four distinct parts:
The development or identification of specific OBJECTIVES
which will enable achievement of the Mission previously
quoted.
Identifying specific TARGET AUDIENCES.
Identifying the Specific MESSAGES which the City should
communicate to editorial boards, live audiences,
reporters and talk shows.
GENERAL MEDIA LIST to whom Virginia Beach should
routinely provide information. (The listing of
national impact media, regional impact media, local
impact media and specialized media is being developed
and will identify points of contact to include telephone
numbers and mailing addresses.)
Regarding IMPLEMENTATION, the following strategies and techniques can be used
to communicate the City's messages to target audiences, starting now and
continuing to the end of 1990.
Seek opportunities for Senior City officials to appear on such shows as
Today and Good Morning America to talk about the City's many
attractions, as well as LABOR DAY 1990.
Senior City officials and Community Coordination Committee leaders:
Grant interviews with reporters from regional and national
media.
Grant interviews with State AP and UPI reporters
Prepare editorial boards with Hampton Roads newspapers and
with Hampton Roads electronic media executives.
Grant interviews with Hampton Roads reporters and
correspondents.
Appear on Hampton Roads Talk Shows.
Write Opinion-Editorial pieces for Hampton Roads newspapers.
Address Hampton Roads business, religious, civic and
professional organizations.
Address college/university student and staff/faculty
audiences.
Address Hampton Roads high school/middle school
administrators, teachers and students.
March 26, 1990
- 5 -
CITY MANAGER'S BRIEFING
LABOR DAY COMMUNITY COORDINATION COMMI~EE
ITEM # 32596 (Continued)
Seek interview for Mayor with Barbara Reynolds, USA Today Inquiry
Editor.
Seek opportunities for senior City officials to have editorial boards
and interviews with black media.
Encourage national impact media such as the Christian Science Monitor
and the Wall Street Journal to cover planning for LABOR DAY 1990 and
other events.
Routinely provide reporters and correspondents and media that covered
LABOR DAY 1989 information about preparations for LABOR DAY 1990.
Invite specialized media to cover preparations for LABOR DAY 1990 and
other key events.
Continue police outreach to Historically Black colleges and University
Campuses.
Invite Washington Post columnist Bill Rasberry and other columnists to
visit and be briefed on plans for LABOR DAY 1990 and other events.
Performance against this plan will be evaluated frequently. As a minimum, it
will be evaluated at the end of March, April and May; by the tenth day
following a holiday or major event; by August 20 (pre-Labor Day 1990); and by
September 10 (post-Labor Day 1990). A final report will be prepared for the
City Manager at the end of December 1990.
March 26, 1990
-6-
CITY MANAGER'S BRIEFING
FORESTRY ACTIVITIES IN VIRIGNIA BEACH
4:45 P.M.
ITEM # 32597
Louis Cullipher, Director of the Department of Agriculture, introduced William
L. Pierce, Regional Forester, Virginia Department of Forestry.
Mr. Pierce advised during the Summer of 1984, a series of ten (10) workshops
were held throughout the State to gather information from the citizens of the
area regarding forestry needs for the future. The workshops were sponsored by
the Virginia Department of Forestry through a grant from the U.S. Forest
Service. These workshops developed a Strategic Plan for each Social Analysis
Unit that covered the period from 1985-1990. Mr. Pierce distributed the 1985-
1990 Strategic Plan Evaluation for the entire State of Virginia and the
Hampton Roads Social Analysis Unit 1985-1990 Strategic Plan Evaluation. Said
documents are hereby made a part of the record.
Mr. Pierce reiterated the 1989 Report of Forestry Activities in Virginia Beach.
The total acres of Commercial Forest: 41,837:
Forest Fire Data Number
Forest Fires Burned 2
Number of Fires on which suppression costs 1
collected
Number of fire law violations in court
Acres
4
Forest Landowners Assisted
Forest Management Plans
Other examinations and landowner assists
Total landowners assisted
6
9
15
329
650
979
Forest Management Accomplishments
Landowners ordering seedings 7
Number of seedlings planted 51,500
Number of tracts planted or seeded and acreage 3
Natural regeneration
Total reforestation 3
64
64
Number tracts and acreage site prepared
(prescribed burned)
Number of tracts and acreage site prepared
(other)
Total site preparation
Pine stands thinned
Best Management Practices
Log road layout
Stabilization (roads, decks, fire lines)
Buffer strips (streamside wildlife, etc)
Other BMP's
1
2
3
Lin Ft
150
3,945
Information and Education
Articles to news media
Talks (schools, clubs, fire, field trips)
Exhibits, parades
3
52
11
March 26, 1990
-7 -
C I TY NANAGER' S BR I EF I NG
LABOR DAY C01~UNITY COORDINATION COI~ITTEE
4:55 P.M.
ITEM ~ 32598
Mayor Oberndorf congratulated Andrew S. Fine for being the recipient of the
GOOD SCOUT AWARD.
Mr. Fine, Co-Chair - Labor Day Community Coordination Commlttee, advised Dr.
Harrison B. Wilson, Co-Chair, was unable to attend. Dr. Wilson was SCHEDULED
for a Presidential Council Meeting in Richmond this afternoon and conveyed his
apologies for his absence.
Mr. Fine advised the LABOR DAY COMMUNITY COORDINATION COMMITTEE as a whole will
be meeting on a weekly basis with the City Staff and Co-Chairs. Mr. Fine
distributed a list of proposed Members to the LABOR DAY COMMUNITY COORDINATION
COMMll-FEE to create racial balance and obtain the expertise necessary in a
number of areas to satisfactorily perform the Tasks identified by City Council.
These Members will require official appointment by City Council. As said
members are volunteering their time and placing themselves in harm's way, they
would require protection from any liability by the arm of the City.
The Progra~ Committee has identified approximately 30 different activities and
has prioritized the top ten and appear to closely al ign the activities
identified by the Student Summit Conference held this past weekend. An RFP will
be sent to various non-profit groups who will be asked to respond with respect
to their degrees of interest in actually sponsoring some of these activities.
The Logistics and Security Committees are involved with issues related to
Street Closures, guest access to hotels, identifying satellite parking lots and
identifying sites appropriate from which to sponsor entertainment.
Council Members noted there were n~mes on the list who were al ready members of
the LABOR DAY COiVNUNITY COORDINATION COI~IlTTEE.
Councilwoman Parker requested the City Attorney research the liability issue
concerning the volunteers during LABOR DAY 1990, i.e. courtesy patrol.
Councilwoman Henley requested consideration of residents of the Resort Area,
perhaps a representation of the Old Beach Civic League, Shadowlaw~, Lakewood
and North Beach, as possible members.
Mayor Oberndorf requested Mr. Fine and Dr. Wilson to prepare a short biography
for each of the proposed members. The Minutes of the Subcommittees shall be
transmitted to each Council Member for review.
March 26, 1990
ITEMS
-8-
OF THE CITY MANAGER
ITEM # 32599
The City Manager advised on March 22, 1989, a BRIEF SUMMARY of the CIP History
of Community Recreation Centers was distributed to City Council. A letter from
the Inspections Agency indicating the five pumps referred to in a news article
are in compliance with the Code, a copy of a FAX from Charles Krummel,
Architect, indicated a gentlemen did provide extra information relative
alternative facilities for the Bayside Center regarding the filtration
equipment and a copy of a letter of March 22, 1990 from Jim Hicks,
Director/Chief Inspector, Boiler and Pressure Vessel Safety Division, State of
Virginia, concerning information on the ASME Codes and their requirements were
forwarded to City Council. A copy of the design guidelines followed for the
preparation of the pools was also distributed to City Council.
The City Manager advised there will be the third party impartial attesting by a
national certifying agency the latter part of this week with particular
emphasis on the filtration tanks. Even though the pump has been referenced in
many of the news articles, the Staff is convinced said pump meets the various
Codes. The architect has been requested to investigate an alternate location
for this pump and possibly examine the alternative of a portable pump to be
utilized in each of the three Recreation Centers during the periods of time
when the pools need to be emptied for maintenance.
A TASK FORCE has been formulated within the City Administration for the Bayside
and Southeast Recreational Centers. This TASK FORCE will deal with matters
similar to the Great Neck Recreation Center. Thomas Martinsen, Deputy City
Manager, will coordinate the City's efforts regarding this TASK FORCE.
ITEM # 32600
Last Week, the City Managers of the various localities involved with the
SOUTHEASTERN PUBLIC SERVICE AUTHORITY met with Durwood S. Curling, Executive
Director - SPSA, to review recommended modifications to the SPSA Budget. The
City Manager distributed to City Council a proposed DRAFT letter. The SPSA can
provide their services with a tipping fee of approximately $29.00 a ton. An
enhanced recycling program which would involve investigating different aspects,
not just curbside recycling, has been discussed with Mr. Curling. Mr. Curling
has been requested to hold the curbside recylcing implementation plan in
abeyance until the City has had the opportunity to monitor during this coming
year other plans and specifically the Clean Community proposal.
March 26, 1990
CITY
-9-
COUNCIL
CONCERNS
ITEM # 32601
Counci Iman Perry referenced the NAVPHIBASE FEDERAL CREDIT IJNIT Change of Zoning
ADOPTED by City Council on December 2, 1985. The NAVPHIBASE agreed to dedicate
easements to extend Idlshart Road back into Reedtown. Community Development
advised the funds were not available.
The City Manager will investigate.
ITEM ~ 32602
Councilman Balko advised relative the U.S. Census and redistricting, he has
100,000 plus population in the Lynnh~rven Borough. Councilman Moss has 145,000
population in the Kempsvllle Borough. Councilman Balko advised there were some
disparities in the system and there should be a balancing act.
Councilman Moss advised the Bayside Borough was created in 1957, which had
formally been incorporated within the Kempsvllle Borough. It was determined the
Borough was too large for one representative. Councilman Moss believed the City
should walt for the outcome of the Supreme Court decision relative the Norfolk
decision. Racial issues seems to have affected the Norfolk system. While in
Virginia Beach, the discussion seems to be to equal out the constituent
workload.
ITEM ~ 32603
Councilwoman McClanan distributed a letter to Members of City Council with her
concerns relative the soLrrHF_J~S~ERN EXPRESSldAY. The State needs to take a strong
look at several options which would include the following points: In the Dulles
Toll Road Project in Northern Vlrignia private developers are building the road
with the landowners donating the property. Toll roads being built in the United
States today are having the land contributed in one form or another, either
through impact fees, proffers or outright dedications as in the Dulles Project.
It is essential ly very unfair to have the Southeastern Expressly ProJect be
considered as a totally toll project with no consideration being given to the
reduction of cost through whatever means available. The most recent toll road
in California has something like 49% of the costs of the road being covered by
development fees of one kind or another. The possibility of inclusion of part
of the Route 58 funds in assessing the financial impacts of this roadway is
al so another posslbil ity
BY CONSENSUS, City Council will request Ralph Smith, Deputy Director of Public
Works, during the PRE-ALLOCATION HEARING of Vl)OT relative the soLrrHF_J~STERN
EXP~RESS~/AY, in Suffolk on Tuesday, March 27, 1990, express the concerns of the
City Council relative the potential cost and environmental concerns, as well as
the potential disruption of residences and businesses.
The City Manager distributed the En¥1ronmental Impact S~tement of EPA.
ITEM ~ 32604
Councilwoman Henley referenced receipt of the final segment of the Roport of
the Gro~h lUl~ng~ment Group. Councilwoman Henley advised her interest in the
Princess Anne Historical Society's presentation on Sunday, March 25, 1990,
relative "Vllla~je of Kemps¥111®". Councilwoman Henley referenced a lecture
delivered by Andreas Duanny relative the Traditional Vlll~ge Concept, as well
as two traditional villages he designed. Councilwoman Henley gave a copy of the
VIDEO to the City Manager for review by the City Staff. This concept has
prom i se.
ITEM # 32605
Counci Iman Bau~ referenced Borrow Pits and the appl icatlon of ALOT CORPORATION
for a Conditional Use Permit for fi llin~ a borrow pit 300 feet more or less
northeast of the northern terminus of Buyrm Circle (Princess Anne Borough). The
staff recommends the Borrrow Pit be approximately 10 feet to 10 i/2-feet deep.
All of his experiences in the Soil Conservation Services indicated the deeper a
El~l-ow Pit, the better. Councilman Bau~ requested the City Staff review the
Ordinance prior to the hearing of this application on the Formal Agenda of
April 16, 1990.
March 26, 1990
-10-
CONCERNS OF THE MAYOR
ITEM ~ 32606
Mayor Meyera E. Oberndorf referenced the horrendous fire of an illegal club in
New York City. Mayor Oberndorf inquired relative condemnation of any building
in Virginia Beach. Mayor Oberndorf requested identification of the procedures
necessary to be assured the condemned building is ne~er uti l ized.
The City Manager will provide a report.
March 26, 1990
- 11-
VIRGINIA BEACH CITY COUNCIL
March 26, 1990
6:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday,
March 26, 1990, at 6:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
INVOCATION:
Reverend Thomas Jennings, Jr.
Glenrock National Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
March 26, 1990
-12-
Item V-D. 1.
I NTRO0 UCT 1 ON
ITEM # 32607
Mayor Oberndorf recognized Eric Clark frcm Boy Scout Troop 436, in attendance
during the Formal Session of City Council to earn the Citizenship in the
Community Merit Badge.
-13-
Item V-D. 1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM ~ 32608
THE CITY COUNCIL DID NOT RECESS INTO AN EXECUTIVE SESSION.
March 26, 1990
- 14-
Item V-E. 1.
MINUTES
ITEM # 32609
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the INFORMAL & FORMAL SESSIONS of March 19,
1990.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
0berndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 15-
Item V-F. 1.
PRESENTATION
ITEM # 32610
A. James DeBellis, President - Virginia Beach Sister Cities Association,
provided an update on the activities of the Association. More than three years
ago Dr. Hiro Hamada, a member of the Board and a professor at Old Dominion
University and an active participant in Sister City International along with
Tom Cantell, Pat Bridges, Kay Griggs and others met to consider a more far
ranging international activity to add other cities to the currently active
Moss, Norway, Sister City Program. Earlier this year a new board was elected.
It is made up of a cross section of community leaders with diverse interests.
We have established various committees which we feel are necessary to
accomplish our mission.
The membership committee is planning an outreach program to seek membership
from many of the City's ethnic groups, our other citizens and businesses. These
membership dues will fund the programs.
To achieve the goal to add another city to the Moss, Norway, initiative and
after much deliberation, the Board chose Miyasaki, Japan on Kyushu Island as
the first candidate. Other cities will be considered as resources allow.
Representatives form Miyasaki have met with Mayor Oberndorf, the City's
Economic Development Director as well as Board Members and have indicated an
interest in establishing a sister city alliance. If all goes well, the
Association is planning to have a delegation visit Miyasaki next year. They are
also planning to send a delegation to visit this City in July. On June 22-23,
the Virginia/Japan Society, Hancock International and the Central Business
District Association are sponsoring a visit of 40 international businessmen to
this City. Some of the functions may allow joint activities with the Moss,
Norway, band and parents since their visit coincidentally falls on the same
weekend.
Councilmatic support must be a part of any successful program. Our City leaders
must make a commitment in the form of participation, moral support and
willingness to assist. Ultimately, funding will be needed to have a truly
public/private partnership.
March 26, 1990
-16-
Item V-G. 1
RESOLUT I ONS/ORD I NANC ES
ITEM # 32611
Walter E. Mather, 1769 Greensward Quay, Phone: 481-2065, Citizen appointee to
the Board of Commissioners of the Planning District Commission, spoke in favor
of the Resolution. Mr. Mather expressed concern relative the charter which
provides for a Board of Commissioners comprised of forty (40) individuals. The
City Council will have five members on said Board. Since 40 is unmanageable,
it is contemplated there be an Executive Committee of a smaller number. The
full Board will meet quarterly and then semi-annually. Mr. Mather would prefer
a smaller Board of Commissioners, such a Board would be manageable and capable
of meeting monthly. The majority of these Commissioners should be elected
officials rather than appointed or administrative officials.
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, City
Co un c i I ~DOPTED:
Resolution to participate in the merger of the
Southeastern Vlrglnla Planning District Commission
and the Peninsula Planning Olstrict Commission
creating the H~pton Roads PI ann lng DI strict
Commission under the provisions of the Virginia
Area Development Act.
City Council's concerns relative concept of the Constitution and Bylaws shall
be registered.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balk o, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McCI anan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.'
None
March 26, 1990
A RESOLUTION OF THE CITY OF VIRGINIA BEACH TO
PARTICIPATE IN THE MERGER OF THE SOUTHEASTERN
VIRGINIA PLANNING DISTRICT COMMISSION AND THE
PENINSULA PLANNING DISTRICT COMMISSION TO
CREATE THE HAMPTON ROADS PLANNING DISTRICT
COMMISSION UNDER THE PROVISIONS OF THE
VIRGINIA AREA DEVELOPMENT ACT.
WHEREAS, the fourteen communities comprising Planning
District Twenty and Twenty-one have developed areas of mutual
concern and interest; and
WHEREAS, since the creation of the respective Planning
District Commissions in 1969, the two Standard Metropolitan
Statistical Areas (SMSAs) have been merged into one Metropolitan
Statistical Area (MSA) and opportunities for interaction have
increased with new bridges and tunnels; and
WHRREAS, joint strategies for transportation, environmental
management, and economic development are increasingly being
planned and implemented on a regional basis in the Hampton Roads
area; and
WHEREAS, a continuing need exists for research, information,
infrastructure improvements, economic analysis and public policy
determinations on a regional basis in the Hampton Roads area; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of
Virginia Beach:
That the City of Virginia Beach desires to participate in
the creation of the Hampton Roads Planning District Commission
which will replace the existing Southeastern Virginia Planning
District Commission and the Peninsula Planning District
Commission under the provisions of the Virginia Area Development
Act, with the stipulation that a merged Planning District
Commission will have no implementation or taxing power or
authority and be it further stipulated that the merged Planning
District Commission will in no way initiate any action toward a
consolidation of governments of the localities within the
Planning District Commission.
Adopted by the Council of the City of Virginia Beach on
26 of March
, 1990.
1990 SESSION
LD2726101
I SENATE BILL NO. 498
2 Offered February 2, 1990
i] A BILL to amend and reenact b%g 15.1-1402, 15.1-1404, 15.1-1412, and 36-140 of the Code o/
4 Virginia and to amend the Code of Virginia by adding a section numbered 15.1-1416.1,
5 all relating to planning districts and planning district commissions and providing for
$ the merger of planning districts.
7
8 Patrons-Holland, C.A., Andrews, Fears, Gray, Walker, Scott, Miller, Y.B., Earley, Stallings
and Holland, R.J.
11 Unanimous consent to introduce
12
1{ Referred to the Committee on Local Government
14
15 Be it enacted by the General Assembly of Virginia:
19 1. That §§ 15.1-1402, 15.1-1404, 15.1q412, and 36-140 of the Code of Virginia are amended
17 and reenacted and that the Code of Virginia is amended by adding a section numbered
18 15.1-1416.1 as follows:
19 § 15.1-1402. Definitions.-For the purposes of this chapter:
29 (a) "Planning district" shall mean a contiguous area within the boundaries established
21 by the Department of ~ and 1~ Housing and Community Development .
22 (b) "Service district" shall mean a unit of government created as provided in this
2:1 chapter.
24 (c) "Governmental subdivision" shall mean the counties, cities and towns of this
25 Commonwealth.
29 (d) "Political subdivisions" shall include the governmental subdivisions, sanitary,
27 sanitation and transportation districts, authorities and other such public bodies created
28 under the laws of this Comm~tnwealth.
29 (e) "Governing body" shall include the board of supervisors of a county, the council of
:19 a city or town, the board of commissioners or other board or body in which the powers of
:11 a political subdivision are vested by law.
:12 (f) "Population," unless a different census is clearly set forth, shall mean the number
:1:1 of inhabitants according to the United States census latest preceding the time at which any
:14 provision dependent upon population is being applied, or the time as of which it is being
:15 construed, unless there is available an annual estimate of population prepared by the
:19 Tayloe Murphy Institute of the University of Virginia, which has been filed with the
:17 Department Of r~,,,.,.,{· ..........~ .... ...~ ~ Housing and Community Development , in which
:18 event the estimate shall govern.
:19 (g) "Commission" shall mean the planning district commission and is composed of the
49 duly appointed representatives of the governmental subdivisions which are parties to the
41 charter agreement.
42 § 15.1-1404. Powers of commission generally.-(a) Upon organization of a planning
4:1 district commission, pursuant to charter agreement, it shall be a public body corporate and
44 politic, the purposes of which shall be to perform the planning and other functions
45 provided by this chapter, and it shall have the power to perform such functions and all
49 other powers incidental thereto.
47 (b) Without in any manner limiting or restricting the general powers conferred by this
48 chapter, the planning district commission shall have power:
49 (1) To adopt and have a common seal and to alter the same at pleasure.
59 (2) To sue and be sued.
51 (3) To adopt bylaws and make rules and regulations for the conduct of its business;
52 provided, however, a planning district commission shall not amend its budget once adopted
5:1 during the applicable fiscal year except pursuant to an affirmative vote of the same
54 number of the entire membership of the planning district commission required to adopt the
Senate Bill No. 498 2
I budget.
2 (4) To make and enter into all contracts or agreements, as it may determine, which
3 are necessary or incidental to the performance of its duties and to the execution of the
4 powers granted under this chapter.
5 (5) To make application for and to accept, disburse and administer, for itself or for
$ member governmental subdivisions so requesting, loans and grants of money or materials
7 or property at any time from any private or charitable source or the United States of
8 America or the Commonwealth of Virginia, or any agency or instrumentality thereof.
9 (6) To exercise any power usually possessed by private corporations, including the right
10 to expend such funds as may be considered by it to be advisable or necessary in the
11 performance of its duties and functions.
12 (7) To employ engineers, attorneys, planners, such other professional experts and
la consultants and such general and clerical employees as may be deemed necessary, and to
14 prescribe their po~,ers and duties and fix their compensation.
15 (8) To do and perform any acts and things authorized by this chapter through or by
10 means of its own officers, agents and employees, or by contracts with any persons, firms
17 or corporations.
18 (9) To execute any and all instruments and do and perform any and all acts or things
19 necessary, convenient or desirable for its purposes or to carry out the powers expressly
20 given in this chapter.
21 (lO) To create an executive committee which may exercise the powers and authority of
22 the planning district commission under this chapter. The chairman of the planning district
23 commission shall serve as a member and as the chairman of the executive committee. The
24 composition of the remaining membership of the executive committee, the term of office
25 of its members and any alternate members, their method of selection or removal, the
25 voting rights of members, procedures for the conduct of its meetings, and any limitations
27 upon the general authority of the executive committee shall be established by the bylaws
28 of the planning district commission. Any planning district commission may establish such
29 other special and standing committees, advisory, technical, or otherwise, as it shah deem
30 desirable for the transaction of its affairs.
31 § 15.1-1412. State aid.- A. Upon the organization of a planning district commission, it
32 shall be entitled to receive state financial support to assist it in carrying out its purposes.
33 Such state aid shall be in an amount as provided in the general appropriations act. In
order to be allocated such state aid, each planning district commission shall prepare and
submit annually to the Governor, in such manner as he shall direct, a budget showing its
35 estimated receipts and expenditures during the next fiscal year. After the review of such
37 budget, the Governor with the assistance of the Department of Housing and Community
38 Development shall, subject to the availability of funds, allocate such amount as will, in his
39 judgment, be sufficient to enable the planning district commission to carry out its functions.
40 The fiscal year of the planning district commission shall end June 30.
41 B. In the event that two planning districts are merged to form one district pursuant to
42 ~ 15.1-1416.1, the new district shah be entitled to receive the combined amount of aid to
which the two districts it replaced separately would have been entitled.
44 ~ 15.1-1416.1. Merger of two pla.nning district commissions.-The co.rnrnissiorl~ 0£ any
two planning districts; .. 'upon., ftn~ng ttfat tl~e communtty 3of interest, ea~ of
45 communications and ~,ransportatton, and geograpl~ic factors and natural boundaries among
47 the localities of the two districts are such that the best interest of the localities would be
48 served, may by resolutions concurrently adopted vote to merge into one district and
49 request the Department of Housing and Community Development to declare the districts
so merged. Upon such declaration, ~he commissions of the two districts shah be merged
51 into one commission. The commission of the new district thereupon shah organize as
provided in ~ 15.1-1403, provided that nothing shah prevent the commissions of the two
districts which are to be merged from agreeing to the terms of such organization prior to
54 their vote to merge.
3 Senate Bill No. 498
1 ¢ 36-140. Boundaries of planning district: merger of districts.-The Department of
2 Housing and Community Development shall make studies and surveys of the boundaries of
3 planning districts on a continuing basis and, from time to time may, subject to the
4 provisions of the Administrative Process Act (§ 9-6.14:1 et seq.) and upon the request of a
5 member jurisdiction of a planning district, make such changes as it deems advisable for
S the adjustment of the boundaries of the planning districts subject to the following criteria
7 and procedures:
8 A. Each of the governmental subdivisions of the State shall fall within the boundaries of
9 a planning district.
10 B. Planning districts shall be composed of any combination of governmental
11 subdivisions, provided that there are at least two counties, or two cities, or one county and
12 one city. If any part of a county, city or town is included in a planning district, the entire
13 county, city or town shall be included in such district.
14 C. The determination of the governmental subdivisions to be ir~cluded in a planning
15 district shall be based upon the community of interest among the governmental
16 subdivisions, the ease of communications and transportation, geographic factors and natural
17 boundaries, and the appropriateness of the boundaries of the planning district to the
18 provision of services and performaf~ce of governmental functions in the area by a service
19 district. In making such determination, the Department may also give consideration to the
20 wishes of a governmental subdivision within or surrounding a proposed planning district, as
21 expressed by resolution of its governing body.
22 D. In conducting the studies and surveys above provided for, the Department shall
23 consult with such of the governing bodies of the governmental subdivisions within and
24 adjoining a proposed planning district and shall hold such public and other hearings upon
25 such notice as it may deem advisable; provided at least one public hearing shall be held in
26 each proposed planning district.
27 E. Upon completion of a revision in planning districts, the Department shall so notify
28 the governing body of each affected governmental subdivision of the State and advise such
29 governing body of the designation assigned to the planning district in which such
30 governmental subdivision is included.
31 F. The Department shall declare any two planning districts merged into one district if
32 so requested by concurrent resolutions of the commissions of the two districts seeking to
33 be merged.
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$0
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Official Use By Clerks
Passed By The Senate
without amendment []
with amendment []
substitute []
substitute w/amdt []
Passed By
The House of Delegates
without amendment []
with amendment []
substitute []
substitute w/amdt []
Date:
Clerk of the Senate
Date:
Clerk of the House of Delegates
S.B. 498
A BILL to amend and reenact ~A 15.1-1402, 15.1-1404, 15.1-1412,
and 36-140 of the Code of Virginia and to amend the Code of Virginia
by adding a section numbered 15.1-1416.1, all relating to planning
districts and planning district commissions and providing for the
merger of planning districts.
LD2726101
(SB 498)
Planning districts. Permits two planning districts, and their
respective commissions, to be merged if the commissions so agree.
The resulting district is entitled to the combined amount of state
aid to which the two Separate districts would have been entitled.
Any planning commission also is authorized to create an executive
committee to exercise the commission's powers.
Patrons--Holland, C.A., Andrews, Fears, Gray, Walker, Scott,
Miller, Y.B., Earley, Stallings and Holland, R.J.
SB498
PROCEED
Pg
Page 2, engrossed, line 45, after districts
insert and a majority of the governing bodies of the
local government comprising each district of the
local governments
Page 3, engrossed, line 32, after districts
insert and a majority of the governing bodies of the
local government comprising each district of the
local governments
*MORE*
SB498
Feb 2, 90 $ Unanimous consent to introduce
S Presented & ordered printed
S Referred to Committee on Local Government
Feb 6, 90 S Reported from L.G. 15-Y 0-N
Feb 7, 90 S Constitutional reading dispensed 40-Y 0-N
Feb 8, 90 S Read second time and engrossed
Feb 9, 90 S Read third time and passed Senate 40-Y 0-N
S Communicated to House
Feb 10, 90 H Placed on Calendar
Feb 11, 90 H Read first time
H Referred to Committee on Counties, cities and Towns
Feb 28, 90 H Reported from C.C.T. with amendments 19-Y 0-N
H Committee roll call vote inquiry name = .vo SB498
Mar 1, 90 H Read second time
Mar 2, 90 H Read third time
H Committee amendments agreed to
PROCEED
Pg
H Engrossed by House
H Floor Roll Call Vote Inquiry Name = .vo H1219
H Passed House with amendments 94-Y 1-N
Mar 5, 90 S Placed on Calendar
Mar 6, 90 S Reading of amendments waived
S House amendments agreed to by Senate 40-Y O-N
PROCEED
*MORE*
SB498
*END*
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PLANNING DISTRICT MERGER
In 1966, the General Assembly created the Virginia
Metropolitan Areas Study Commission to examine the State's urban
problems and to recommend solutions. At that time, there were
two regional planning commissions operating in the Hampton Roads
Area under Article 15.1-432 of the Code of Virginia. It was the
duty of these commissions to prepare and recommend a
comprehensive plan for the guidance of the physical development
of the region. Among the matters that may be incorporated in the
comprehensive plan were the following:
so
A system of major parks and other recreational areas and
facilities; .
bo
A system of major streets, highways and transportation
facilities, including ports, airports and supporting
installations;
c. Water supply and sewage disposal facilities and other
utilities;
d. Drainage and flood control system;
e. A general plan for the best utilization of land
throughout the region;
f ·
Facilities for community service, such as penal
institutions, hospitals and welfare instructions.
As a direct result of the Virginia Metropolitan Areas Study
Commission's proposals, the 1968 General Assembly passed the
Virginia Area Development Act. The Division of State Planning
and Community Affairs implemented the Act by delineating twenty-
two planning district areas. In determining district boundaries,
the State consulted with the governing bodies of every county,
city and town of 3,500 people or more and gave consideration to
such factors as transportation, communications, natural
boundaries and a community of interest such as common problems
and opportunities. The creation of two planning district areas
in the Hampton Roads Area was based upon the following:
a. The existence of two regional planning commissions.
b. The physical barrier of Hampton Roads.
The presence of toll crossing facilities that in
separated the two sides of Hampton Roads
equivalent of 1 and 1/2 hour of travel time.
effect
by the
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A lack of any interest on the part of local governments
in the region to cc~bine the north and south sides of
Hampton Roads into one regional planning area.
The purposes of the Virginia Area Development Act were:
To improve public health, safety, convenience and
welfare, and to provide for the social, economic and
physical development of communities and metropolitan
areas of the State on a sound and orderly basis, within
a governmental framework and economic environment which
will foster constructive growth and efficient
administration.
To provide a means of coherent articulation for
community needs, p~oblems, and potential for service in
relation to State government.
To foster planning for such development by encouraging
the creation of effective regional planning agencies and
providing the financial and professional assistance of
the State.
dj
To deter the fragmentation of
service.
governmental units and
The Planning District Ccmmissions authorized by the Act were
charged with the promotion of the orderly and efficient
development of the physical, social and economic elements of the
district by planning, and encouraging and assisting governmental
subdivisions to plan for the future. It shall be not the duty of
a planning district commission to perform the functions ne~_=ssary
to implement the plans and policies established by it or to
furnish governmental service to the district. Further, no action
of planning district commissions shall affect the powers and
duties of local planning commissions by law.
The two planning district commissions in the Hampton Roads
area have been involved in cooperative efforts since 1972 to meet
the objectives of the Virginia Area Development Act that are
related to improving public health, safety, convenience and
welfare; to provide for the social, economic and physical
development and deter the fragmentation of governmental services.
These activities are evidenced by:
The Hampton Roads Joint Transportation study leading to
the development of a third crossing, Interstate 664.
Over the past ten to fifteen years both sides of Hampton
Roads have come together economically. The two separate
Standard Metropolitan Statistical Areas (SMSAs) have
been merged into one Metropolitan Statistical Area
(MSA). Increased vehicular access has been provided at
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the Hampton Roads Tunnel, the James River Bridge and the
soon to be completed, 1-664.
Ce
In recent years, the two Planning Districts within
Hampton Roads have cooperated on a formal basis on water
quality issues as part of the Hampton Roads Water
Quality Agency (HRWQA) and on transportation concerns
with the Report on Regional Transportation Funding
Strategies produced in the fall of 1989. Economic
forecasts and analyses, data books and other research
have been provided by SVPDC on a contractual basis with
PPDC for a number of years. Informal exchanges,
seminars, presentations and like activities by the two
PDCs have increased dramatically to the benefit of the
entire region, its ~ocal governments and businesses.
It is becoming increasingly apparent that success in the
State Capitol, as well as in Washington, D.C. is
dependent on forging coalitions of communities with
mutual interests, concerns, and expectations. The key
to this success is the necessary organization and
research capability to define the issues, explore the
alternatives and costs, and move forward collectively.
The Virginia Area Development Act, under which planning
districts are organized requires the involvement of
local elected officials. A Hampton Roads Planning
District Commission can more easily and efficiently
provide this forum, and focus the required research and
planning to achieve the mutually agreed to objectives.
Common i~.terests, such as the cost and implications of
recent Chesapeake Bay Legislation, Solid and Hazardous
Waste Regulations, Homelessness, Tax Policies and other
issues require collective deliberation and decision-
making without risking the loss of local autonomy. A
Hampton Roads Planning District is a logical vehicle for
such activity and would seem an appropriate next step in
the evolution of the community of Hampton Roads.
It has, however, become apparent that a very pressing need
exists today to provide a means for coherent articulation of
community needs, problems, and potential service in relation to
State government. The number of groups proposing a unified
position for Hampton Roads is becoming more fragmented as time
proceeds. The resources available at the State and Federal level
to address Hampton Roads problems are decreasing or being
diverted to other areas of State. A unification of regional
planning and regional communication through the merger of the two
planning district commissions is warranted in order to meet the
objectives of the Virginia Area Development Act; to provide a
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more efficient administration of regional response to State and
Federal initiatives; and to reduce the fragmentation of regional
approaches to problem solving.
If the Virginia Area Development Act were to have been
passed by the recent session of the General Assembly, the factors
that warranted the creation of two planning districts in 1969
would be viewed in an entirely different context:
A third crossing of Hampton Roads is nearing completion
which will reduce the physical water barrier and enhance
the economy of the area as one region.
b. The toll barrier has been eliminated.
Local governments'on both sides of Hampton Roads are
communicating with one another as they have never done
before. There appears to be a great concern that
Hampton Roads must act as one region if its full
potential is to be realized in dealing with limited
State and Federal resources. Legislative actions at the
State and Federal level can only be effectively
influenced through a unified.approach by units of local
government.
It has been stated that the two Planning Agencies can meet,
cooperate and work as effectively as if there were one agency.
In fact, there is a substantial advantage to the merger. It
would provide an opportmnity to more effectively utilize staff to
meet the program priorities expressed by the region's
communities. For instance, during the transportation funding
strategy meetings it was necessary to have two individuals
present, one representative from the Peninsula and one from
Southeastern, when a single staff person would have been just as
effective. In addition, a work program can be developed to more
effectively support the communities' interests, and modification
to those work programs are more easily accomplished as priorities
change if it is one unified work program rather than two.
The action by the General Assembly members from Hampton
Roads to form a Hampton Roads Caucus was precipitated by the
local jurisdictions desires to increase the area's influence. It
can be anticipated that there will be even greater pressures on
the local governments in the future to respond to General
Assembly activities in a unified position. This type of response
cannot be dealt with in an effective manner by maintaining two
separate planning entities and assigning them to fight the fires
cooperatively. The only effective means of accomplishing this
type of response is through the merger of the two planning
districts to eliminate the time wasted in duplicative
coordination activities.
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The seccnd factor that is ignored in the two can do as well
as one argument is the fact that one agency would be able to
offer more in the way of expertise for both regional and local
technical assistance. While both agencies operate similar basic
programs, each staff represents many years of different
educational and experience levels. A merged staff is not just an
increase in the number of individuals available for a variety of
work activities. Each individual brings a unique level of
capabilities that can expand the total capabilities available to
address individual community and regional concerns. Maintaining
separate staffs will not allow the utilization of personnel in
the most effective manner. One agency can provide better and
more efficient services than two.
While there have been occasions in other parts of the
country where one staff' has served two separate planning
agencies, such arrangements have not been very effective. In
addition, one of the principal advantages of the merger is to
provide a forum for local government elected officials from the
region to meet on common issues on a formal rather than ad hoc
basis.
The merged planning district commission and staff could
support subregional issues and discussions as effectively as the
existing arrangement. An office will be maintained on the
Peninsula and issues which would affect only Peninsula
jurisdictions or only jurisdictions of Southeastern can be
incorporated within the unified work program.
Enclosed is pending legislation which provides for the
creation of an executive committee and holds harmless the funding
currently received by the two com~fssions.
If one is interested in carrying out the purposes of the
Virginia Area Development Act as well as promoting the orderly
and efficient development of the north and south sides of Hampton
Roads, then the conclusion that would be arrived at today would
strongly support the formation of only one planning district area
for both sides of Hampton Roads. The Concept Paper and Draft
Concurrent Resolution attached herewith provide a mechanism to
meet those purposes.
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CONCEPT
1.
Adopt a New Charter and Bylaws
a. Name
Hampton Roads Planning District Commission, commonly
identified as Planning District Commissions 20-21,
hereinafter called the COMMISSION.
b. Principal Office
The Regional ,Building, 723 Woodlake Drive,
Chesapeake, Virginia. The location of the principal
office may be changed with the concurrence of the
COMMISSION and subregional office(s) may be
established. The office at 2017 Cunningham Drive,
Hampton, Virginia, would be continued through May
31, 1991, the current date of termination of the
Peninsula Planning District Commission's current
office lease.
c. Effective Date
July 1, 1990
Attorneys hRve advised that it will be easier to
make the transition by changing the name of the
Southeastern Virginia Planning District Commission
to Hampton Roads Planning District Commission and
expanding its membership so as to allow the
continuation of State and Federal identification
numbers.
After receipt of FY 90 payables and receivables,
completion of FY 90 audit and closeout of the
Peninsula Planning District Commission books, the
Peninsula Planning District Commission would be
dissolved, with the goal to accomplish this by
October 1, 1990.
It is recommended that during the first year~ of
merger, the Hampton Roads Planning District
Commission would meet quarterly to allow for member
familiarization. After that the COMMISSION would
meet at least semi-annually.
Southeastern Virginia Planning District Commission's
auditors, Price Waterhouse, would conduct the FY 90
audits of both the Southeastern Virginia Planning
District Commission and ~the Peninsula Planning
District Commission.
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d. Membership
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Forty (40) members representing
political jurisdictions.
fourteen
(14)
JURISDICTION
Chesapeake
LOCAL
ELECTED
OFFICIALS
CHIEF
ADMINISTRATIVE
OFFICER
CITIZEN
MEMBERS
TOTAL
Franklin 1 I 0 2
Hampton 2 I 0 3
Isle of Wight Co. 1 1 0 2
James City Co. 1 1 0 2
Newport News 2 I 0 3
Norfolk 3 1 1 5
Poquoson 1 1 0 2
Portsmouth 2 1 0 3
1 1 0 2
Southampton Co.
Suffolk 1 1
5 1
0 2
I 7
Virginia Beach
Williamsburg I · I 0 2
York County 1 I 0 2
TOTAL ' 24 14 2 40
Basis for Membership:
o Seven (7) members for each jurisdiction over
300,000 population.
o Five (5) members for each jurisdiction with a
population between 200,000 and 300,000.
o Three (3) members for each jurisdiction with a
population between 100,000 and 200,000.
o Two (2) members for each jurisdiction under
100,000 population.
A majority of the COMMISSION will be local elected
officials.
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Executive Committee
An Executive Committee of the COMMISSION, made up of
one Commission member appointed at the annual
meeting by each local government, will be formed
with the powers provided by the Code of Virginia.
Only another Commission member from the same
locality can substitute on the Executive Committee.
f. Terms of Office
The terms of office of COMMISSION members shall be
coincident with their elected terms of office or
until the governing body of the participating
governmental subdivision shall appoint another
member in his'or her place and certify same to the
COMMISSION. The terms of office of the chief
administrative executive shall be coincident with
the terms of their offices.
Governmental subdivisions which are parties to the
Charter Agreement shall appoint members to the
COMMISSION.
Officers of the COMMISSION shall consist of a
Chairman and Vice-Chairman who shall be elected by
the membership of the COMMISSION at the annual
meeting. The Chairman and Vice-Chairman shall be
elected fo~ a term of two years or until their
successors are elected or until they resign or are
removed from office. The Chairman and Vice-Chairman
must be members of the Executive Committee and must
be from separate jurisdictions. The Chairman and
Vice-Chairman can serve only two (2) consecutive,
two (2) year terms. A Treasurer and Secretary may
be elected, but need not be members of the
COMMISSION.
Voting
Each member of the Commission shall have one equal
vote in all matters before the COMMISSION. There is
no provision for alternates.
h. Vacancies
Vacancies on the COMMISSION shall be filled for the
unexpired term in the same manner as the original
appointment was made.
Any member of the COMMISSION shall be eligible for
reappointment but may be removed for cause by the
governing body which made the appointment.
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Addition or Withdrawal of Members
Any governmental subdivision within Planning
District Number 20-21 which is not a part to the
Charter Agreement at the effective date thereof may
thereafter join the COMMISSION provided that such
governmental subdivision is eligible for membership,
makes written notice to the COMMISSION of intent to
join, and that it adopts and executes this
Agreement. Such joining shall not become effective
until the end of the COMMISSION's then current
fiscal year.
Any governmental subdivision my withdraw from the
COMMISSION ~y submitting to the COMMISSION in
writing a notice of intent to withdraw. Such
withdrawal shall not become effective until the end
of the COMMISSION's then current fiscal year.
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Within sixty (60) days of receipt of such
notification of intent to join or withdraw, the
COMMISSION shall submit a report to the
participating governmental subdivisions that would
recommend modifications to the Charter Agreement as
a result of said addition or withdrawal.
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Upon withdrawal of a governmental subdivision from
the COMMISSION, all of its interests in the assets
shall t~rminate as of the effective date of such
withdrawal. The withdrawing community's share of
the liability, if any, will be payable by the date
of termination.
Upon the addition of a governmental subdivision to
the COMMISSION, its responsibilities for its pro-
rata share of the operation of the COMMISSION shall
begin on the effective date of such addition.
Planning District Co.u~ission - Merger
Upon the ratification of the Charter Agreement, the
Peninsula Planning District Commission shall merge
with the Southeastern Virginia Planning District
Commission. All assets, liabilities, and personnel
of the Peninsula Planning District Commission shall
be transferred to the Hampton Roads Planning
District Commission with the exception of the
Executive Director's position which is hereby
terminated.
Ail assets, liabilities and personnel of the
Southeastern Virginia Planning District Commission
shall be evolved into the Hampton Roads Planning
District Commission.
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Employee transfers will be accomplished with no
reductions in pay or benefits.
The Peninsula Planning District Commission's chart
of accounts would be converted to the Southeastern
Virginia Planning District Commission's chart of
accounts for the beginning of FY 91. All revenue
and expenditures for FY 91 would be handled by the
one accounting system. This would also integrate
the work activity codes of the Southeastern Virginia
Planning District Commission and the Peninsula
Planning District Commission into one accounting
system.
Ail staff personnel during the initial transition
year would be governed by the Hampton Roads Planning
District Commission Executive Director in accordance
with the attached organization chart.
The Southeastern Virginia Planning District
Commission and the Peninsula Planning District
Commission personnel would continue to be governed
by their respective personnel manuals and procedures
until the Hampton Roads Planning District Commission
Executive Director has completed his own personnel
study and a new Hampton Roads Planning District
Commission personnel manual and policies have been
adopted b~ the COMMISSION.
Finances
a. Funds for the operation and administration of the
COMMISSION shall be appropriated by the
participating governmental subdivisions on a pro-
rata basis based on population. Population shall
mean the number of inhabitants according to the
latest United States Census preceding the time at
which any provision dependent upon population is
being applied, or at the time as of which it is
being construed, unless there is available a "final"
annual estimate of population prepared by the Center
for Public Service, University of Virginia, in which
event that estimate shall govern.
The Southeastern Virginia Planning District
Commission cash balance at time of merger would be
retained as the Regional Unallocated Fund and not
used to offset contribution differences with former
Peninsula Planning District Commission
jurisdictions.
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The Peninsula Planning District Commission cash
balance at time of merger would be allocated 2/3
during FY 91 and 1/3 during FY 92 to be used for
operating expenses.
Local contributions by the Southeastern Virginia
Planning District Commission communities are
anticipated to remain constant at forty cents ($.40)
for fiscal years 1992, 1993, and 1994 so as to
provide time to equalize contributions from former
Peninsula Planning District Commission
jurisdictions.
Local contributions by former Peninsula Planning
District Commission communities would increase six
cents ($.06) per capita in FY 1992 and FY 1993, and
seven cents ($.07) per capita for fiscal year 1994
or until equal to former Southeastern Virginia
Planning District Commission community contribution.
f. Legislation has been introduced in the Virginia
General Assembly so that appropriations and
allocation previously assigned to the Peninsula
Planing District Commission and the Southeastern
Virginia Planning District Commission would be
transferred to the Hampton Roads Planning District
Commission with no reduction in the amounts
previously assigned to the original. PDCs.
Metropolitan Planning Organization (MPO)
The current MPO structure cannot be changed, unless and
until the Governor of Virginia makes such a
determination. The MPO staff functions currently
provided by the Peninsula and Southeastern Virginia
Planning District Commission would be transferred to the
Hampton Roads Planning District Commission.
4. ~ampton Roads Water Quality Agency (~IRWQA)
The Hampton Roads Water Quality Agency will be continued
pending further discussion with the Hampton Roads
Sanitation District Commission.
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SCH]~.DULE OF ACTIVITIES
April 1, 1990
Deadline for receipt of local government
resolutions on merger. Begin boundary
change activities with State.
June 1, 1990
Deadline for providing PDC's with names and
addresses of new members of HRPDC. Prepare
Charter and Bylaws.
July 2, 1990
Organization Meeting of HRPDC
Election of Officers and Adoption of
Bylaws.
2. ~ignature Cards for Accounts.
3. Designation of Executive Director
4. Establish regular meeting schedule.
October 1, 1990
Expiration Date of PPDC to allow for completion
of FY 90 Audits and transfer of all assets
and liabilities and close out FY 90
accounts.
7/1/90 to 10/1/90 Add PPDC staff and work program to SVPDC Chart
of Accounts so that receipts and
disbursements flow through one accounting
system.
7/1/90 TO 6/30/91 HRPDC Executive Director condUcts study of
personnel policies, pay structure and
organization structure of HRPDC.
Peninsula Staff continue to be governed by
PPDC personnel manual and FY 91 PPDC
salaries with the exception that the pay
period is changed from Biweekly to Semi-
monthly. All expenditures and revenues are
to be reported in accordance with SVPDC
General Ledger and Transaction Codes.
Southeastern Staff continue to be governed
by SVPDC personnel manual and FY 91 SVPDC
salaries. All expenditures and revenues
are to be reported in accordance with SVPDC
General Ledger and Transaction Codes.
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DRAFT
CONCURRENT RESOLUTION
WHEREAS, the fourteen communities comprising Planning Districts Twenty
and Twenty-one have developed areas of mutual concern and interests; and
WHEREAS, since the creation of the respective Planning' District
Commissions in 1969, the two Standard Metropolitan Statistical Areas(SMSAs)
have been merged into one Metropolitan Statistical Area (MSA) and
opportunities for interaction have increased with new bridges and tunnels; and
WHEREAS, joint strategies for transportation, coastal zone management, and
economic development are increasingly being performed on a Hampton Roads
basis; and
WHEREAS, a continuing need exists for research, information, infrastructure
needs, economic analyses and public policy determinations on a Hampton---
Roads scale; NOW, THEREFORE,
BE IT RESOLVED, it is the desire of the (City of/County of ) to
participate in the creation of the Hampton Roads Planning District Commission
to replace the existing Peninsula Planning District Commission and the
Southeastern Virginia Planning District Commission under the provisions of
the Virginia Area Development Act.
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DISCUSSION POINTS FOR LOCAL GOVERNMENTS
WHEN CONSIDERING THE MERGER OF THE
PLANNING DISTRICTS
Over the past ten to fifteen years both sides of Hampton Roads have come together
economically. The two separate Standard Metropolitan Statistical Areas (SMSAs)
have been merged into one Metropolitan Statistical Areas (MSA). Increased
vehicular access has been provided at the Hampton Roads Tunnel, the James River
Bridge and the soon to be completed, 1-664.
In recent years, the two Planning Districts within Hampton Roads have cooperated
on a formal basis on water quality issues as part of the Hampton Roads Water
Quality Agency (HRWQA) and on transportation concerns with the Report on
Regional Transportation Funding Strategies produced in the fall of 1989. Economic
forecasts and analyses, data books and other research have been provided by
SVPDC on a contractual basis with PPDC for a number of years. Informal
exchanges, seminars, presentations and like activities by the two PDCs have
increased dramatically Io the benefit of the entire region, its local governments and
businesses.
It is becoming increasingly apparent that success in the State Capitol, as well as in
Washington, D.C., is dependent on forging coalitions of communities with mutual
interests, concerns and expectations. The key to this success is the necessary
organization and research capability to define the issues, explore the alternatives
and costs, and move forward collectively. The Virginia Area Development Act,
under which planning districts are organized requires the involvement of local
elected officials. A Hampton Roads Planning District Commission can more easily
and elficiently provide this forum, and focus the required research and planning to
achieve the mutually agreed to objectives.
Common interests, such as the cost and implications of recent Chesapeake Bay
Legislation, Solid and Hazardous Waste Regulations, Homelessness, Tax Policies
and other issues require collective deliberation and decision-making without risking
the loss of local autonomy. A Hampton Roads Planning District is a logical vehicle
for such activity and would seem an appropriate next step in the evolution of the
community of Hampton Roads.
1 February, 1990
It has been stated that the two Planning Agencies can meet, cooperate and work as
effectively as if there were one agency as evidenced by past endeavors. Therefore,
there is no advantage or need to merge. This type ol analysis does not incorporate
two major factors that must be evaluated if one is to plan for the future. First and
foremost is the time required to coordinate two separate staffs and two separate
agencies with different meeting times and program priorities. Providing two staff
persons to coordinate and cooperate is much less efficient than being able to
assign such a task to one individual. At numerous meetings and seminars on
Transportation Funding Strategies there were two individuals present, one from the
Peninsula Planning District Commission and one from the Southeastern Virginia
Planning District Commission when one individual would have been more than
adequate.
Juggling two work programs to adapt to regional priority changes is like a ripple
effect when a stone is thrown in a pond. It is difficult at best to address the
concerns of a number of local governments, two Planning District Commissions, and
still find the time and resources to fight brush fires for both sides of Hampton Roads
as a joint venture.
The action by the General Assembly members from Hampton Roads to form a
Hampton Roads Caucus was precipitated by the local jurisdictions desires to
increase the area's influence. It can be anticipated that there will be even greater
pressures on the local governments in the future to respond to General Assembly
activities in a unified position. This type of response cannot be dealt with in an
effective manner by maintaining two separate planning entities and assigning them
to fight the fires cooperatively. The only effective means of accomplishing this type
of response is through the merger of the two planning districts to eliminate the time
wasted in duplicative coordination activities.
The second factor that is ignored in the two can do as well as one argument, is the
fact that one agency would be able to of/er more in the way of expertise for both
regional and local technical assistance. While both agencies operate similar basic
programs, each staff represents many years of different educational and experience
levels. A merged staff is not just an increase in the number of individuals available
for a variety of work activities. Each individual brings a unique level of capabilities
that can expand the total capabilities available to address individual community and
regional concerns. Maintaim~g seParate staffs will not allow the utilization of
2 February 2, 1990
personnel in the most effective manner. One agency can provide better and more
efficient services than two.
There have been occasions in other parts of the country where one staff has served
two separate planning agencies. Such an arrangement does not work well in having
the capability to sort out the policy priorities o! the ~.o separate entities.
3 February 2, 1990
-17-
Item V-G. 2 a.b.c.d.e.
RESOLUT I ONS/ORD ! NANCES
ITEM ~/ 32612
Upon motion by Councilwoman Parker, seconded by Councilman Baum, City Council
ADOPTED ~
Resolution directing the Planning Commission
consider and make its recommendations re:
Proposed adoption of a tree pi antlng,
preservation and replacement Ordinance for
Residential Subdivisions;
Amendment to the parking lot landscaping
Ordinance;
Specifications and standards for planting;
Amendment to Section 203 of the City Zoning
Ordinance re off-street parking requirements.
Modi f icatlon of certain development
reg ul atlons.
Re Planning Commission is directed to forward its recommendations relative the
Ordinances to the City Council within 60 days.
Councilwoman Henley suggested publicizing the number of trees replanted during
a year within the City. This would establish a level of comfort to the citizens
who only are aware of the trees cut.
Vot ing: 11 -0
Council Members Voting Aye:
Albert W. Balk o, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McCI anan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
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A RESOLUTION DIRECTING THE PLANNING COMMISSION
TO CONSIDER AND MAKE ITS RECOMMENDATIONS
CONCERNING THE PROPOSED ADOPTION OF A TREE
PLANTING, PRESERVATION AND REPLACEMENT
ORDINANCE FOR RESIDENTIAL SUBDIVISIONS, AN
AMENDMENT TO THE PARKING LOT LANDSCAPING
ORDINANCE, SPECIFICATIONS AND STANDARDS FOR
PLANTING IN ACCORDANCE WITH THESE ORDINANCES,
AND AN AMENDMENT TO SECTION 203 OF THE CITY
ZONING ORDINANCE PERTAINING TO OFF-STREET
PARKING REQUIREMENTS
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WHEREAS, the Committee to examine the City's Landscaping
Regulations has completed its assigned responsibility and has
forwarded its recommendations to the City Council for the adoption
and/or amendment of certain City ordinances pertaining to
landscaping in connection with development, and
WHEREAS, the City Council desires the Planning Commission
to review the Committee's suggestions and to forward its
recommendations to the City Council.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, THAT:
1. The Planning Commission is hereby directed to examine and
make its recommendation to the City Council concerning
a. An ordinance to amend and reordain ordinance number
486, site plan ordinance, by amending section 5A pertaining to
parking lot landscaping and adding thereto foundation landscaping;
b. An ordinance to amend and reordain the Code of the
City of Virginia Beach, Virginia, by adding Appendix E to establish
regulations and requirements for tree planting, preservation and
replacement on residential lots and along residential streets for
new subdivisions;
c. Specifications and standards
accordance with the foregoing ordinances;
for planting in
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d. An ordinance to amend and reordain Section 203 of
the City Zoning Ordinance pertaining to off-street parking
requirements.
2. The Planning Commission is hereby directed to forward its
recommendations to the City Council within 60 days of the date
of adoption of this Resolution.
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Adopted by the Council of the City of Virginia
Virginia, on the 26 day of March , 1990.
Beach,
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GLF/dhh
CA-90-3678
03/21/90
~ordin\noncode\landscap.res
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DRAFT
AN ORDINANCE TO AMEND AND REORDAIN
ORDINANCE NUMBER 486, SITE PLAN
ORDINANCE, BY AMENDING SECTION
5A PERTAINING TO PARKING LOT
LANDSCAPING AND ADDING THERETO
FOUNDATION LANDSCAPING
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
That Ordinance Number 486, Site Plan Ordinance, $_e_c.t!..0~..~A
Parking Lot Landscaping, is hereby amended and reordained which
reeaas to read as follows:
Section 5A Parking Lot and Foundation Landscaping.
Section SA. ! Intent and Purpo__s..e_s_.
--'~ ........... ~" .... ~t A~ - ,natural drainagc system ~,,,d reduce
............ preserve ~,,,d promote
The City Council of VirQ
_c,_i_ty and that the
.m_ _a_k e S __i.,t.._ _~. __d__e_~s_i.?_.e. a__b .1~ _]~!._a_q _e._ _f_q..r..., ..~_e_~ _i...d..e_n,t_ S..:...._9 _w, n_9 r_$,.t ~ n..d... ~..i _s..
_a..l_.i_..k.9_.Z_~..n._d.__.~h.a_t_._t_hg.._...amp.e_..a..r.~ .n...c_e......9.?..._.v..i_~.g.&n_._i..~_..Be_a.c.._h._f,~r~,p,.~...~ he.. p.u_: .b.
_w_a_ys contributes
economi c_~..r._os_R.e_,A.i_~.y- o__f__..t..h..e..._..g_.i...t,..y :____a.n_d__..a__l_.s 0 .......t_h_a_t......_.~.~.e _...g.~qvt h... ~.n._d.._
development attracted to the
natural beauty, often times
plant material, thereby
.,
valuable natural resource, therefore, it is
preserve and restore this valuable asset, The
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declares the intent a.n__d Ru__r. poses of this ordinance to be as
follows:
a. To aid in stabi~zing-.the~-9en-~v-i--r-~.~n~m~9D-t-~-.s-~.~e-~c~.~-9g`~qg~b~.9-n-~9~
bM contributing to the processes of air p_ur__i_f_..~,q~,~t_i,.q~.~,
r_9~enerat ion, g_~_qu___nd~w.a.~_e_r_ .... ..r....e.~.~.a_.r~g...e_,. .... _.a.~d' ...... _s__tp_r_~.r_w_.~...t...e.,.r.
retardation, while at the same time aidinq in
heat abatement;
b. To encouraq..e.._t_.h_e_._.R.r....e..~.9.r_?_a~.~_.i, qn.' .... p..~ .... _ex_i.s..t....i.n,g__.t...reg. S.... a~d
desirable vegetation;
c. To assist in providinq__c.!.9_a.n_._.a.,.i.?..,~_,
d. To provide visual
of the City;__
e, To safeguard and
public and private investment;
environment of the Ci _tf~_o_f_.~.~.r.,g.$_.n_i__a_,B.e_,_ag_~._.a_n...~.R~.e_Mg~M.9,.~.h_e
base attracted to the ci_tf~L_..b.y_...S...U.~c~.h__~_a_c_~o_r_s_i-
s a f e t ¥.:__.a__n._d_
otherwise occur or be found in urban and suburban environments,
Section SA. 2 Applicability,
The provisions of this section shall apply to
private parking lots designed for ten (10) or more spaces
include display .__ai_e_a_s_,___c_o_..m_m_e_r..q..i...a~l....
~tarages, and shall also include dum. p...s_t_e__r.s_:_._t..r__a_s_~.._r_.~._c.._.e_p..t_a__c~e_s_.,~__a_~.
loading docks that may b-e--v...i-e-W.9~-~..f.-r-9m-~..-.a~.¥-.~`..~..i~....c--.~.~.~`~p..~..~-~`..a.~...- A
parking lot shall be defined as any area or structure where motor
vehicles are stored for the purpose of temporary, daily, or
overnight off-street parking.
an area generally considered accessible to the
auto/truck sales, leasing_ and rental lots, recreational vehicle
sales and rental lots, boat sales lots, manufactured home sales
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lots, and trailer sales lots, A loadinq__d_o_~__~..h_a_l_.l_..~.e_....~..e..f..i..~e_~___a.s__
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a platformed space within the buildinQ or that
buildinq for the standinq~_ l__o_~l~q, or unloadinq_p_f___t..E~q~..~_
(a) Ne--~ew Parking lot~_ of ten (~0) or more t-et-e~
spaces shall not be constructed until a landscape plan
sections 5A.4 and 5A.§L_of the parking lot has been approved by the
administrator of landscape services or his desigD_~_~.~ T-he
~d,,,i..i~t.~t~.~..~-~-~ ..~t approv~ any 1 ....... -~,,,~ t~
,t .... f ............ rcqu;rsmcnts
(b) N~ Existing parking lot.s_of ten (10) or more spaces and
~ existing parking lot~ of less than ten (10) spaces whose
enlargement will increase it to ten (10) P~_~9~.~ spaces ~
shall not be enlarged or reconstructed until a landscape plan of
the parkin~ lot has been approved by the administrator
services. Landscaping shall be provided in the new parking area
in proportion to its enlargement or reconstruction, and not in
proportion to the total parking area for the site.
i s de fined as cons t ruc t i on ac t i vi t~j~Y~3_q~_D~
lot requi r inq a si te p~a~._~h!.~.h_%.qg.~!..~dg.M._~hg_~i_~pn~..~f.~
or concrete for the R~pose of facilitatiD~ drainage and the
addition of curbinq and/or curb and ~tter. Patching, resurfacin~
and restr$~%n~are considered maintenance activities and not
reconstruction. The addition of islands in an existinq_.pD_~_lot
f o r t_he_~_P,urRg_s,e o f 1 ands cap i_n_g__s_b~l_l_~.o_~t _g_0B~_i_.t_~_t.e__~9_q.o_D_s._t.r._u_q..t_i.R_n_~-
-~ .............. th ..... t
(c) Display areas shall not be constructed until a landscapg._
p~l,an (see sections 5A.4 and
approved by the administrator of landscap.e__s_e_.r._v_i_c_e_S_: ..... __D_.i...~,R.l.~y__a..r_e_a_s-
shall be c/early_ indicated on the
employee p_arkin~ ,spaces should not be included in the indicated
area). Existing displ~a¥ areas shall not be ex~a_n_~_e_d___u_n_t_.~_/__a__
landscape plan has been approved b_~__t__h_e__a__d_m_ini_s_t_r__a_t_p_r__.o..f___l__a_n_d_s_g_~.9-
services. Landscaping shall be provided in
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expans ion, and not in Pr op.o__r..
.(d) Commercial and public buildings s____h_a__l_~___np_t._.~_e___c_o_n_s,,_t_,rp,~_t_e~_
until a foundation landsc_a.p_9_,._p.l__a~n _(.~_e_e__.,s_e_,c_~t.,..i._q_n~.,,_5_6.,~,6__} ........
approved by th_.e administrator of landscap__e_._..s._e_r.E~..c..e_s_.' ........
c cram e r c i a 1 bu i 1 d i .n_qs__~_h__a_lJ_.._n__o t___._b.e__.._e_x_p.a__.n_.d e_d___.u~.!.l' ...... ~.._~,9~ _d. ~a~
landscape p_lan has been
services, Land_s_capi_ng~ s~..a.__l..% ........ b_e.__p~.O_..v_!g!g .... i__n___p_r_qpp, r__t,_i,o_n_.._.,._t,p,__.t_h__e-
buildtn~.~,,~s, exp~n__s_i_pn, and not in t~p,g~..t.,.~_o_n__,to
for the site.
( e ) Parkln~
street frontaoe landscape p!~a_n l,s_!,e_.__s,._e_.cJjP_n._,_5__A_.._5_,} .....
landscape l~la..n__.(see section 5A.61, whichever is
been at~t~roved .by the administrator of
If.) ....Dumpsters and/or trash rece. ptacles shall not be
until a landscape_10,!a~8, (see section 5A.?I has
administrator of landscape services.
(g) Loading docks shall not be constructed until a landscape,_
plan lsee section §A.?I has been approved
_l_a_n_d_d s_ ~_a_p_e _...s_e_r y !_c_~_s_.
Section SA. 3 Procedures.
{a) Landscape plans submitted pursuant to this s~ction
_qF_~.i_~_anqe__ shall be prepared in the manner specified in this
ordinance and in "PARKING LOT ~ ........... ~.QP~,..D. AX !..0~N.. LANDSCAPING
SPECIFIOATIONS AND STANDARDS" and shall be submitted in conjunction
with the site development plan.
(b) After the landscape plan has been submitted, it shall be
reviewed and processed by the administrator for conformance to this
section 5A and other applicable regulations in conjunction with the
pl -- --''--' ~ ~--- ~
site development an ..... ...... l ....h~-~.~ ~,~- ~-.,,~ ~-t~--. The
administrator ma¥___~P-R~_oy_e_ ...... ~D3 ...... _l_~n_~,$ c. a p._9. _ _ p_l.~_~ ........... ~h_.~ _c.~ .......... _t_h e.
administrator determines to meet or exceed the ob~!!!jXp.~..._0_f__.,~!..S
ordinance.
Section 5A.4 Parking Lot Interior Covera!Ie Requirements.
(a) There shall be provided within the perimeter of the
parking lot or between any two (R) parking spaces, e landscaped
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area(s) ~ which together total f~ft .... (15) ~~
square feet for each z~ parking space.
l~.). There shall be
designated display, area, landscaped are_~l~.~___~h__i...q~...~.gq~b.9~..~p~_a_!-
twelve (12) percent of the display area.
~,'~' __:.(c)~ Trees shall be provided within the landscaped area
in the proportion of one (1) tree per one hundred and fifty (150)
square feet of total landscaped area, except t-he~ any fractional
tree shall not be counted as a whole tree.
~, (d) To encourage dispersement of landscaped areas
throughout the parking lot, in parking lots of less than one
hundred (100) spaces any portion of a single landscaped area
exceeding three hundred fifty (350) square feet shall not be given
credit toward satisfying 5A.4 R~.~__ lot interior coverage
requirements; and in parking lots of one hundred (100) spaces or
more any portion of a single landscaped area exceeding fifteen
hundred (1,500) square feet shall not be given credit towards
satisfying 5A.4 parkin~ lot interior coverage requirements,
in cases when existinq tree(g_J__Dre retained and
construction, then the maximum square
apply as, specified in the "PARKING LOT AND FOUNDATION LANDSCAPING
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SPECIFICATIONS AND STANDARDS" tree retention section.
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shall entrance islands or g~gu_ps of entrance islands be credited
with more than a total of three hundred and
for each entrance toward s a t i s f-fl i__ng__ t__h_e...__~iD__t _e.._r._~.~_r
requirements.
( e ) ..... To
the displ_a.j area, in di~j~lay, areas of less than thirty~ thousand
credit toward satisf3_~nc 5A 4 arkin lot interior coy r
........................................................................... : .............. R ................. g. .e...
_f...e.....e._.t__...o_r.__m o ~_e._ an~-p-~.-r-t~i~.~.~.n~.~`.9~f.-..~a.~""s..~..n..g~.~e.~.~./.~..n-d"~.s~p~.e~ ~- ...a,..~.~ ~ .....~.x g ~ ~d.i.~g
f i f teen hundred i-~.~.5-~.~-)-.-s.~.a-6.-e...--f~e-e~..--s...h.a-.~.-~--D"q~.~b-~9~.".g.~`y9.
towards satisfy_i_n~ 5A.4 p.-a.-r-k-.~i.-ng-`.~.~`9"t-.i.~.~e~.~-i~96-~-~e-~-a-g~...~r~.e~.qu".i..~"e.r~ent.s:
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~,'~' (f) Planting which is required for screening along the
perimeter of any parking lot by the provisions of the comprehensive
zoning ordinance, conditional use permit, e~
street frontage requirements lsee section 5A. 5)~,__...o..
requirements .(see section 5A.?L_shall not be considered as part of
the interior landscaping requirements.
covcra~c rsqulramants.
(f) (g) Provisions of 8A.4 parkinq lot interior coverage
requirements, shall not apply to parking garages and areas in
industrial uses not devoted to required off-street parking spaces.
Section 5A.5 Parkin~ Lot Street Frontage Retirements.
(a) In addition to the requirements of 5A.4
interior requirements, landscaping shall be required along any side
the ground levelkthat abuts the right-of-way of any street more
than twenty (20) feet in width. For
businesses and/or offices on the NX9~.~__~.~..,
foundation landscapi~uirement s
section.
(b) A landscapin~ strip ~_~.$D~_~.~_m__gf~. ten (10) feet in width
shall be located between the~-- ~-~-- ~-~ ~-,,,~ ~b~tt~,,~~ -- '--~,,~-'~ ..... ~k ~--'-
,,,~-,~- ~ ,,~,~,~ .... ~,,-=- -,,~,,-'---' abuttin~e~9 of the sidewalk and parkinq
lot curb line or where there is no sidewalk, from the riGht-of-way
line and the parking lot curb line, except where driveways or other
openings may be required. For ~_~.~$~.gF~es, a landsca~.~_.~_$_~_~p_
a mi n i mum o f ~e~_~A~e~A._.!n_~!d~h_,~h~j__~__~A.9~.~_g_DA.$~,gA...
abuttinq ed~9 _of the sidewalk and
where there is no sidewalk, from the
~g~. be regg~e~-~-~.~.~.-'g~i~.~9~.`~`~-~-"`..~-~-~`gD~g`~R`i~G~-P~.~p
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(c) Trees, hedge forms, and other treatment in accordance
with the specifications of the "PARKING LOT ~ ......
LANDSCAPING SPECIFICATIONS AND STANDARDS" shall be placed within
the landscaping strip.
(d) Where street landscaping required by 5A.5
street frontage requirements conflicts with adequate sight
distances required at driveways and street intersections by the
comprehensive zoning ordinance, Section 201 ~_ the regulations
and provisions of the latter shall govern.
(e) The requirements of 5A.5 R~~_3_o_~_ street frontage
requirements shall not apply where p'lanting is required along
scenic easements designated on the master street and highway plan.
Section 5A.6 Foundation Landsc~p_t_n.g_~_gq~_,lrements.
provided in planters adjacent to
right-of-way of any street more than twent~_~[~9~) ...... f~e~,~_~.$.~_~.~,~
The landscapin~ str.ip may be bisected ~ necessary entrances to the
buildinq and may include pedestrian sidewalks servicinq such
entrances.
(b) A minimum of fif~_y_ (%9i percent of the side of the
buildinq facin~ ~_p3blic r~h_t_~_).r0~_ry~y shall be landscaR~.~-
.(C) The minimum width of the landsc~p~.~__~F_e~_.~h~.!_.~_~h__r_9.9-
( 3 ) feet and shal 1 be des3.~Be_d_.,~_~qb~!~.~__v_~h!qM~._,R.yg~R.g
/_~) Shrubs or trees shall be ~r~y~_~.~.t_h_~_~,_~.h~_~D.~pR~
area in the pro_p_qrtion of at least one [1l shrub or one (~ tree
per fifteen (15) sq~re feet of total re~_~.r_9~_~.~p_.c_~.9~__~e_~a
except ~n~ractional shrub or tree shall not be counted
shrub or tree.
Sectlon 5A.~ Screenlnq Requlrements.
~sters and/or trash receptacles shall be screened from
view from the ri~ht-of-way of any street more than
in width.
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,,(b,) Loadinq docks not screened ~_y_~5._i_n_~y~.!~g...~q~!~D.g
shall be screened from view from the
for necessary access.
Section ~Av6 ~_8_ Installation and Bonding Requirements.
(a) Al/ required landscaping shall be installed according to
the "PARKING LOT AND FOUNDATION LANDSCAPING SPECIFICATIONS AND
STANDARDS."
(b) Where landscaping is required, no certificate of
occupancy shall be issued until the required landscaping is
completed in accordance with the approved landscape plan as
certified by an on-site inspection by the administrator or his
desiqnees. When the occupancy of a structure is desired prior to
the completion of the required landscaping, a certificate of
occupancy may be issued only if the owner or developer provides to
the city a form of surety satisfactory to the city attorney in an
amount equal to the remaining plant materials, related materials,
and installation costsz_ %with the costs a~ ~D~r.q~9~_by the
administrator of landscape services~.
(c.) . For expanded or reconstructed
areas which do not include buildin~__~p~qv__e~.~_n_t__s_~.~.~__~b_~r~.~p_re
no certificate of occupancy is requ.ir_e~__~.
the city attorney must be posted at the time the
is released to cover the cost of all landscap%n__q_~_q~_9_d_.~_Lh_e-
landscape plan, as determined ~/f__~he_a~~.tr~_pr
services.
~, (d) All required landscaping must be installed and
approved by the end of the first planting season following issuance
of certificate of occupancy or bond surety '~ill 9h__a..~..be forfeited
to the city.
~, l~J_ The owners and their agents shall be responsible for
providin~, protecting, and maintaining all landscaping in healthy
and growing conditions, replacing unhealthy fi
more dead or completel~dead, e~--aZee~ plant material '-'~,,~,~,, .... ~,,~ ~'"'~,
..... = ~= ~ ~ ~ ~-~- .... ~= ~ .... ~ first within
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ninety (90) davs upon written notice
should be delayed because of seasonal factors until the next
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planting season. Replacement material shall conform to the
original intent of the landscape plan as determine~__~...__t~9_.
administrator of landscape services.
Adopted by the 0ouncil of the City of Virginia Beach,
Virginia, on the 4th day of November, 1985.
REV. 3/21/90
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DRAFT
EXHIBIT A
PARKING LOT AND FOUNDATION
LANDSCAPING SPECIFICATIONS AND STANDARDS
Parking lot and foundation landscaping as required in Section SA,
Parking Lot and Foundation Landscaping, of the Site Plan Ordinance
shall be provided in conformance with the following criteria:
A. Parkinq Lot Interior Coverage
Trees required by 5A.4 ~r~_~_~9.~_interior coverage requirements
shall be of the following type and size:
1. ~~v.~"--=~ ...... ~_~gP.Y_ Trees
D~duous t-~ -~ be ~f ~ spec~ ~"~
those trees ~y~ i c a 1 ~y____~ p ~ i_~9_r_~._d___ ~D~ ~.~.~ ........ ~.~.~
services, shall have final aR~?_gxgl
are to be classified as canopy_.~StP_e_.~9~..~.. A minimum
~-- -~ -~--~-- -~-~ ~ ...... ~--= of two and half
( 2 ~ ,~ 2,,) , !~_c.~_~!!Pe,r_[gr_ad~_~_~p_~D~
p~antinq~
(b) Trees must be
square foot planting area. These
provide a minimum four
of the tree trunk to any curb.
~.__ Turfgrass, Groundcovers, and Ornamental Shrubs
All interior coveraq9 .... g~.__~
g_roundcovers, or ornamental shrubs.
B. Parkinq Lot Street Frontage
1. Trees required by 5A.5 R~r__k~_N._.jq~ street frontage
requirements may vary in size at maturity but shall
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conform to the following specifications at time of
planting:
Mature Size
Small
Medium
Max. Space~_
15 Feet
25 Feet
Large 40 Feet
Min. Size at Planting
6 - 7 Feet
1-1/4 - 1-1/2 Inch
Caliper
2 - 2-1/2 Inch Caliper
*To encourage creativity, tree__s_m__ay
as long as the total number of trees required are
2. Trees of species whose roots are known to cause damage
p ..... works !R.~.~r~g~.9 ....... ~mP~..0.~9~D~, whose
branches are known to be subject to a high incidence of
breakage, and whose fruit is considered a nuisance or
high maintenance shall not be utilized.
3. Continuous ~yq~g~ ...... [.~.~._~,~ .......~.qq~ .......~r,9.~.).,_ hedge forms
shall be planted between the trees.
garages ~ t__he hedge .f_o~.E.~.~_s_.h~l__RD~ be located within the
ten (10) foot landsc_a_R~_n~L_s_~_~_i~ The hedge forms shall
have a minimum height of two (2) fact
inches at time of planting, ~Daging shall be such that
adjacent plants will be touchin%__w~&~i_~_JH9
after planting. In lieu of providing hedge forms, walls
or solid fences mav be utilized which conform to the
minimum fencing standards as ~Re__c~f__i.q~.___i~ ....... ~h_e_
Landscaping, Screeninq, and Bufferinq_S_D~_~.~.g~a~_%p~ a~
Standards of the ComRre___h_9~k~.y~,_Z_o. ni_ ~..._9.E~.DDD_c..~
in height shall be required in addition to the hedg.9~..~.r_m._
requirement ~h-ll ~----~ ..... ~ ~ ~ .......
other alignment---~- f ...... ~-~I =
wood. Chain-link fences may not be used to meet the
requirements of this section. Minimum height of walls
or fences sh~ll be three (3) feet.
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4.. Berms, a minimum of three [3--1 feet in
in conjunction with or in lieu of a continuous everq~_e_e_n.
hedge form. Berms that are
exceed a horizontal to vertical
those berms covered wi th turfq_r.~ss ._s_h_a_l_l__~n_.q~___e.x_q._e.~_d_.a___3..:_l-
slope ratio.
Park~n~ ~araoe Lan_d_s_capin_g__R_e.q~?_e~m_e_n_~_s.-
1. There are no interior coveraq~__r_e_qu_i_r_e_m_e_n_t_s....._f_pr_..p~?...k~._ng
garages. Parking
f oundat i on 1 ands capiD_g_., ...... ........ _F....o...r_.
parking garages with parkinq._p_n-
5A. 5 parkinci lot street frontage_ req~r_e_.m_e..D_%_s ........ ~ha!./
apply. For p _a r k i n__q__qp_r.a__q_e_s__~b_a_t_ _ _h_a_y_e_ b_ U. S_i..n_ e._s_~_ _ ~ D!/..9 r
offices on the ground level, section 5A.6 foundation
.2_.= P a r.k_~_n_g__~[a r a_ g_e_,_s__W,!~,b_m a_ r_k_i_n_g__ 9 ~..
h_e_igh__t__a.n_~__i_s__ma__d.~_.q,f._~h,.e. ~a.~e.
.3_._ s_h_q.,u, l_d___a_. _p_a___r _k_/_n_g_ ga,_r_a, g~- _h,A. _v_e__a_. s~e_~.e_n_d_ _!_e_ ,v_ g~ ,. _o.,,v_e__r,b,a, ~.g.~.~ g..
des i gna t ed by t h~,,,, a_d_m__i_n_i_s_AF_a_t_o_r_
shal 1 be planted ,a_d_j_a___ce__n_t__t__o__ea__qh___s.,~.,e__.t_~_a.,t___f,~_q,e,~
r i ght - o f-way o f any s t_.r_e_e__t___m.9,r,...e,.,,
width. Trees may be__planted in the ri_g_h_t_-_q.f_zw_a_¥ 9,~¥
with written authorization from the administrator of
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landscape services. Trees mav. be _s.p.a_c_.e.~.d___a..~,..m...a_.x...~_U.~.__o.~-
t h i r t ¥- f i v e ( 35 ) f e e t _ap_a_r_t__.__._C o__/_u__m~_a_r- ..~ .r_e_ e__s__
least two and one-half (,.2__l_./_Sl.,~_t.,9__t_hr__e_e~__J_,3.,J__.~._n_c,h.,q_a.!,..ilqe_~._'
at the time of planting. Should trees be located within
a sidewalk(s)., steel grates shall be placed around each
tree. Tree gr.ates shall be cast iron and
inches in diameter and
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with tree grate collar' and g_r__a_t_e__f.._r_.a.~9___f.o._~...~.~ppg..r.~..~
Display Area Land. sca~_t_ng...__R.e_~u_iremen~.s_
To satisfy the interior canopy tree
for each one hundred and fift¥__~_50) square feet of total_
landscaped area shall be provided, excep_~_a_ny._f~ra_c._tkg_n...~_l.._~t.~r_9..e__
shall not be counted as a whole tree. In addition, disp_l_a~.y_
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areas must satisfy the street frontaqe req_u_i_r_~e_~e__n_t~s_:..
Foundation Lands~aping Requirements
1. Shrubs or trees shall be
area in the prop_o_~p__n__p_f_
area,
counted as a whole shrub or tree.
2. Shrubs shall be at least
~_p~ap_t_e.. ~..._i_m ~_e~! ~ ~_ e_~ y_ ~.d.3_9_C. 2.n_ ~._~.p _ Lh_e.__b~.~ ..1....d...~..~g..
$creenin~ l~equir~ents
shall be accomplished
a minimum of six (6). feet hiq_h__~_n_~d is___m_~.d_e._~_,_..~_..h~_sa_~.._
or compatible material and color of the
buildinq in terms of texture and _qualitv.~. ..... _A__d_d~.t_~p_n_._a_$-
plant materials shall be p_r.2~._id__e_d- sq.__t_h_.a._.t____np_..~g_~e
two-thirds
9r___w_a 11.__!_s___vj_s_!!b_!_ ~__f.~.q..m.._t_h_9._..s_t..~,.e...~__w.%_.~h_i.~_....t.~.~,9 9.._[3..)... ~_9~-
of erection of the structure.
Screeninq for
solid fence or wall which is a minimum of six
~ualit¥. A__d. dit tonal
o f t he c 1 o s ed. _f e__n_c_e_ o__~_~ _w_a_l_~l__.i_s._.._.v...i~s_~i~_~.-
wi thin three ( 3 ) ye._a.?....s._p_f e.._r.e_.c.._.t..i_o__n._~o_f_~.h_.e__s_t_~.~_.c__~y_.e_. .... !_.n...
lieu of providinq, a fence or wall. the screenin_qg_.~a_~y_.~...e_.
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accomplished with ever~ree__n_,plant material which can be
expected to reach six _(_~J__f_e_e__t__py__q~r_9.~.t_9_r,_U~$~_iB,_.._t. hr_e~e-
( 3 ) vears of plant inq.: ....... A___n_y__pla_n_t__m_~_t..e._r..i...a..l_s___~_s.~__t_O-
ful f i 11 these req~_~.~n_~ ..~sh__a_~_l_ b__e__~., m~_i._n_i_~u_~_p.,~,_~,,~_r~.~r-
six ( $6 ) _i_nches in heiqb_t_._w_~_e_.n__.Rl_a_~Ag_d_,
spaced so that the
three ($) years.
Tree Retention
1. E_,xistinG treeLs_).__m_a~f, be retained and credit
to satisfy the interior tree and/or street frontaq_e_..$_r_9,9-
r__eguirement(s)_ provided the
~ood condition and provided the tree~_).__a_r_~e___~l._o_f.g.t~9~._i_~-
the area(si, of the site where tree pl__a_n_~t_i. DG_~.,p__U.~q~_~_e~_~.
Tree Cs~ to be retained .!q_r_.p,~.e.~._a.,~.e_ s__u_~,j.e_,.c.~,.,~_9..~ppr_p~g
_b.y__t.he _. a_dm i____n3_.s_ ..t_r_ .a_ _~p_ .r- _ _0..f_ ._l_a__n.d_s .c_~p ,e_.~ _S. e__r. ~_i_ g._9.~ ~..
Diameter of Tree·
Number of Trees Credited
4 "-5 . 9" 1
12"-17.9"
18"-23 .9"
3
4
24" + 5
diameter four and one-half
DBH) above Ground level.
2. Before construction actiy~_~_ins,-
must be securely in_lo_lace. Anv tree
utilized must be__approved by the administrator of
landscape services. Minimum undisturbed areas shall be
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determined by multipllA~D~__~the tree's Diameter Breast
Heiqht_(.DBHk__b¥ one___.~.$J foot. This is the minimum
diameter that must be left undisturbed around each tree.
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This area is approximatelv,,,t.h.e__a_~_e_a__o__f__.t_h_e_._o_u..~9.r_._.m.o_s~.~_
branches ~drip-li_ne) . All construction activities shall
be prohibited within the minimum disturbed areas Rr_gM_i~
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satisfy_~g the interior coverag_e_ an_d/__o__,r__.S_t_.r_e.__e_t__f_r_.0....n.t._a~.e
requirement ( s ) , A11 te..mj~q_r__a_r¥ _¢__o~n_st__r_u_q~._n__a_c___t_i_.v_%_t_i_e~..s-
shall also be prohibited within the minimum undisturbed
areas, including al_ 1 ...... 9~_q_a3_a._t_!D_q, fillinq, trenchinq.,__
construction s t oraq_e_ and ,d__u_,_m~D~.', and p.a_r__k_i.n~ ......
construction equipment/vehicles.__o__r__e, mpl~o_yee vehicles.
_3. A plan for tree pr0~p_..c_t_i~_o..r~_._d_q~.~_n~, construction must be
included with the landscap.e plan submittal or no credit
will be Given for tree retention.
4. Should the retained tree{s~ die or the crown be at least
fifty. .( 50~p~e_rcent dead wi th in three
o f a c c ep_t._a_n c.._e- ...... _o f_.__,._t,~.9 .......... !a,,n~..S_C ~R,i. D~g_ ...... ~ Y ....... ~b_~ .........
_a_s_ , c r e__d_i_~__a_n..d__ _s_~h _a_l_!...._b.~., ....a..t__ _l_9~_s_t__._%w.9_a.._n_d.._.9 n. e.-_ha.!..._f...._(. 8....! _/. ~. )_ ..
to three 1_3_). inch
t r e e r e q_u i__~__e_m._e_.~..t.._...a_n.d.../,,q ~... ~.~.n. ~.r~u. ~_...$_.i...z.. e.....a_% _ p...! .~n .t.%_,.n..g._.
---"'-- '-' Plant Materials
All plant materials shall be living plants (artificial plants are
prohibited), and shall meet the following requirements:
1. ~ _A~c_a_ b_l_~ _ P_U~ l_i_c_~_t i~
a. Plant materials used in conformance with the
provision of these standards shall conform to the
standards of the most recent edition of the
"American Standard for Nursery Stock", published by
the American Association of Nurserymen.
b. Plant names used in conformance with the
g_.f__t_h_e s__e_ _s_t_a- 'nLd._a .r.~.g__ 9_ .h.~..1.. _l..._.,g_O,..n_f_o. r__m__%.q _.._t_~_e __s_%,a_~.d._a_r.._d
of the most recent edition of the "Standardized
Plant Names"
Committee on Horticulture Nomenclature.
Horticulture definitions shall conform to the most
recent edition of "A Technical
Horticulture and Landscape Termznolo ~ublished
bM t he__.H_o r___t_i c___u.,1.._t_u_.~_a 1 ~e__s_e_a_._~_c_h._.I__n_s,.~_i~ t_.u__t..e...~.~,...I._n.~ ..
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Recommended Trees
a. A list of recommended trees by group
unacceptable trees ' -"- ~' ~-~ ~ ~---
~~"--- d~''~--~~, are provided in section M.
A.
.requirements (see section B,
d, T~ees shall be at least six
foundation tree re~.~.~g_m~n.~.] see sectiq~.
Shrubs and ~edge Fo~ms
a. Shrubs shall be at least ..... ~,,~,~'-- ('2,
inches in height and or width at time of planting
if utilized to satisfy the parking_.~.9~_.$~_~_9.Fi- o_~-
shrub requirement (
reaching, a minimum
1 oadinq__d_q~ ..... ~b~.
_(3) years to satisfy the
~equi foment (,~,e~_~_~~....~.)_~_
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5= 4. Vines
Vines shall be at least six (6) inches in length at time
of planting and are generally used in conjunction with
walls or fences.
6~. 5. Grass or Ground Cover
a. Grass of a perennial nature shall be planted in
species normally grown as permanent lawns in
Virginia Beach and may be sodded, plugged, sprigged,
or seeded. Where applicable, the requirements of
the Erosion Sedimentation Control Standards and
Specifications shall be met. Grass sod shall be
clean and free of weeds and noxious pests or
diseases.
b. Ground covers shall be planted in such a manner as
to present a finished appearance and seventy-five
(75) percent of complete coverage after two (2)
complete growing seasons, with a maximum of fifteen
(15) inches on center. In certain cases, if
approved by the~v~,,~-" a~ant administrator of
landscape services, ground cover also may consist
of rocks, pebbles, sand, and similar approved
materials.
B~. I. Installation
Ail landscaping shall be installed in a sound, workmanship-like
manner and according to accepted, good planting practices and
procedures with the quality of plant materials as hereinafter
described. Landscaped areas shall require protection from
vehicular encroachment by such means as, but not limited to, wheel
stops or concrete or bituminous curbs. Plant material requiring
support for proper growth shall be installed as directed by the
following specifications.
1. Setting Plants
Unless otherwise specified, all plants should be planted
in pits, centered and set on six (6) inches of compacted
topsoil to such a depth that the finished grade level at
the plant after settlement will be the same as that at
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which the plant was grown. They should be planted
upright and faced to give the best appearance or
relationship to ad3acent plants. Wire and surplus
binding from top ~ of the balls should be
removed. Roots of bare root plants only shall be spread
in their normal position. Ail broken or frayed roots
should be cut off cleanly. Topsoil should be placed and
compacted carefully to avoid injury to roots and to fill
all voids. When the hole is nearly filled, add water as
necessary and allow it to soak away. Fill the hole to
finished grade and form a shallow saucer around each
plant by placing a ridge of topsoil around the edge of
each pit. After the ground settles, additional topsoil
should be filled into the level of the finished grade.
Staking, Guying and Wrapping ~
Stakes for supporting trees should be two and one-half
(2 1/2) inches square or round, by eight (8) feet sound
pressure treated wood or painted metal rib-back fence
posts. Steel anchors ma~_~.~_9_.~.~__.~.~.~..~.~.~....~_._~y_~
trees and shall be instal led accordinq..~ ..... ~qq~pt__e~
9~Dd___a~_d...~_~_ Stakes should be equally spaced about each
tree and ~- --~ ' ...... ~ '"~ ..... ~ .......... ~'--' shall
be driven vertically into the ground to a depth of two
and one-half (2 1/2) to three (3) feet in such a manner
as not to in3ure the ball or roots. Trees should be
fastened to each stake at a height of about five (5) feet
by means of two (2) strands of wire. Wire for guys or
fastening trees to stakes should be No. 12 gauge,
pliable, galvanized iron ~9~_. Hose to encase guys or
wires, used for fastening trees to stakes should be two-
ply reinforced rubber garden hose. Wrapping for tree
trunks should be woven -~---~ .... ~--~- ---~-~ I$ x 14
........... ~ .......... or kraft-paper wrap. .......... Trunks
of all shade trees should be wrapped from the ground to
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the height of the first strong complement of branches.
Wrapping material should be wound t-w-i-ee around the trunk
and fastened with twine at the base and top.
3. Ground Cover Beds
Ground cover should be planted in beds having a minimum
depth of six (6) inches of topsoil above the subsoil.
The topsoil used should be thoroughly mixed with one-
third (1/3) peat and lightly compacted. Plants should
be evenly spaced and set to finished grade level after
settlement.
4. Mulching
All plants should be mulched within two (2) days after
planting. The approved mulching materials can either be
organic or inorganic.
E~. J. Maintenance
The owner of the property shall be responsible for the continued
proper maintenance_~__~.~p_~.~_~ ...... ~ .......~p.~.~ of all landscaping
materials, and areas in accordance with the
and shall keep them in a proper, neat, and orderly appearance, free
from refuse and debris at all times. All unhealthy, fifty (50)
percent or more dead or completely dead, plant materials shall be
replaced --'~= .... '"' ....... ~-' ~= ...... planting
......................... as directed the administrator of
landscape services. Ail landscaped areas should be provided with
a readily available water supply. Maintenance should include
weeding, cultivating, mulching, tightening, e~ repairing of guys
and stakes, removal of guyg_~,nd
years, and resetting plants to proper grades or upright position,
restoration of the planting saucer, fertilizing, pruning, and other
necessary operations. Maintenance should begin immediately
following the last operation of installation for each portion of
lawn and for each plant. ~ ....
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have n i ne ~y_~ 90 ), days. in. ~J.~_.~._qg~_q~_...a_l_~_.X~_9._~
in those cases when plant material
because of seasonal factors until the next plantin~._~_~9~_~_~
requires written ~pproval ~y.. ~_~.g .... ~_~.~__ator___o~
services. Failure of the owner to
above shall constitute a violation of the site
Pr. K. Parkinq Lot Visibility Triangle Requirements
As specified in the Comprehensive Zoning Ordinance, visibility
triangles, within which nothing shall be erected, placed, parked,
planted or allowed to grow in such a manner as to impede vision
between a height of two and one-half (2 1/2) and eight (8) feet
above the center lines of intersecting trafficways shall be
provided as follows:
1. Street Intersections
A visibility triangle shall be required at all street
intersections including at least the area within the
first twenty (20) feet along the intersecting rights-of-
way (projected if rounded) and a line connecting the ends
of such twenty-foot line. Where the sidewalks have been
provided within the right-of-way line, vision clearance
measurements shall be taken from the curb line, rather
than the right-of-way line.
2. Intersections of Driveways with Streets
No wall, fence or other structure shall exceed a height
of thirty (30) inches above the finished elevation of a
driveway within a visibility triangle created by
measuring ten (10) feet in from the intersection of a
driveway boundary and property lines away from the
driveway with the end of the two (2) ten-foot line
connected in a straight line to form the visibility
triangle. The thirty .{~gJ_inch height for any portion
within the triangle shall be computed from the elevation
of the driveway which is perpendicular to that portion
of wall or structure within the triangle.
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6=. ~,.. Plan Submission and Approval
Whenever any property is affected by these landscaping standards,
the property owner or developer shall prepare a landscape plan for
submission in conjunction with a site development plan.
l. Plan
The lands cap~__~ lan must be prepared
landscape architect, a
with a two (,21 or four
horticulture with a sp~p_~i~,.~_¥ in
of the Virginia S o c i e t y_._..~__.~ a g~ a_p_~__~9~~
certified Virqinia Nurserymg~
of the_person responsible for the
be shown on the plg~.~._
~=. 2. Plan Content
The contents of the landscape plan shall include the
following:
Landscape plans shall clearly show and label by name
and dimension all existing and proposed property
lines, easements, buildings, and other structures,
vehicular use areas (including parking stalls,
d~iveways, service areas,
docks, dumpster and trash recep~_~~_square
footage etc.) and landscape materials (including
height, width or caliper, whichever is more
appropriate, at planting time, and on-center
planting dimensions for all plants). All plant
material is to be listed in a "Planting Schedule".
Title box with the pertinent names and addresses
(property owner, engineer, designer, scale, date,
north arrow).
R~. 3. S~te Plan Approval
Where landscaping is required, no site plan shall be
approved until the required landscaping plan has been
submitted and approved by the administrator? ~landscape
services~,~:--~-~--v,~,~,,. In no case shall a site plan be
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--approved wherein the design ~.~alls for the R!..g...n_.~_i._n_g_.9.~.'
p 1 an t ma t e r i a 1 s ov e r an.M....__u._n_d_e_~_q r_p_u.__n, d___~.~._a__t_,e_r__.,~.~.
areas .(BMP's),.,
4. Plant Materials Substitutions.
P_~l a.n t ..._m_a_,7_.e__~.~i_a_.~..$__..sp,e__c__~_f._i..e, _d,_,.o.. ~......t. hg__!a___n~.~s_~a_p_.e,..,._p.3_,~ _n...,~,Y....b
s im i X ar .,~Y~..t, .h e,
REV. 0a/21/90
13
425 M. Tree Lists
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1. Recommended trees for parking lot ~_~.eg~._~.~.9~.g~_,
SMALL TREES
BOTANICAL NAME
Chionanthus virqinicus
Crataequs_phaenop_yrum
Koelreuteria paniculata
ka_gerstroemia indica
Malus floribunda
Prunus serrulata 'Kwanzan'
~uercus robur 'Fastigiata'
COMMON NAME
White Fringe Tree
Washington Hawthorn
Golden Rain Tree
Crape Myrtle
Japanese Flowering Crab
Kwanzan Cherry
Pyramidal English Oak
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453.
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MEDIUM TREES
Acer platanoides 'Columnare'
Acer rubrum 'Columnare'
Acer rubrum 'October Glory'
Ginkqo biloba
Gleditsta triacanthos var.
inermis
Nyssa sylvatica
Pyrus callervana (all cultivars)
Columnar Norway Maple
Columnar Red Maple
'October Glory' Red Maple
Ginkgo (Male Cultivars only)
Maidenhair Tree
Thornless Honey Locust
Sour Gum
Callery Pear (cultivars only)
LARGE TREES
Acer saccharum 'Columnare'
Acer saccharum 'Green Mountain'
Celtis occidentalis
Fraxinus pennsylvanica
Fraxig~s pennsylvanica
'Marshall's Seedless'
Liriodendron tulipifera
MaGnolia Grandiflora
Metasequoia glyptostroboides
Pinus elliottii
Pfnus taeda
Platanus x acerifolia 'Bloodgood'
Platanus occidentalis
Quercus acutissima
Quercus darlinqtonia
Ouercus macrocarpa
Quercus niGra
Quercus phellos
Quercus prinus
Quercus velutina
Zelkova serrata
Zelkova serrata 'Village Green'
Columnar Sugar Maple
'Green Mountain' Sugar Maple
Hackberry
Green Ash
'Marshall's Seedless'
Green Ash
Tulip Poplar
Southern Magnolia
Dawn Redwood
Slash Pine
Loblolly Pine
'Bloodgood' London Plane Tree
American Sycamore
Saw Tooth Oak
Darlington Oak
Bur Oak (favors moist soil)
Water Oak
Willow Oak
Chestnut Oak
Black Oak
Japanese Zelkova
'Village Green' Zelkova
*Note: Trees that can be utilized are not limited to those listed.
470 Rev. 3/21/90
14
4?7 canopy trees* for parking lot .i~__i~
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2. Recommended
coveraqe.
MEDIUM TREES
BOTANIOAL NAME
COMMON NAME
Acer rubrum 'Columnare'
Acer rubrum (all cultivars)
Gleditsia triacanthos var.
inermis
Nyssa sylvatica
Pyrus calleryana_(all cultivars)
Columnar Red Maple
Red Maple (cultivars)
Thorn/ess Honey Locust
Sour Gum
Callery Pear (cultivars only)
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LARGE TREES
Acer saccharum 'Columnare'
Acer saccharum (all cultivars)
Celtis occidentalis
Fraxinus penns~lvanica
Fraxinus pennsylvanica
'Marshall's Seedless'
Liriodendron tul~_p_ifg~
~Nnolia grandiflora
Metasequoia glyptostroboides
Pinus elliottii
Pinus taeda
Platanus x acerifolla 'Bloodgood'
Platanus occtdentalts
Quercus acuttssima
Quercus darlinqtonia
Quercus macrocarpD_
Quercus niqra_
Quercus phellos
Quercus prinus
Quercus velutina
Zelkova serrata
Zelkova serrata 'Green Vase'
Zelkova serrata 'Village Green'
Columnar Sugar Maple
Sugar Maple (cultivars)
Hackberry
Green Ash
'Marshall's Seedless'
Green Ash
Ginkgo (Male Cultivars only)
Maidenhair Tree
Tulip Poplar
Southern Magnolia
Dawn Redwood
Slash Pine
Loblolly Pine
'Bloodgood' London Plane Tree
American Sycamore
Saw Tooth Oak
Darlington Oak
Bur Oak (favors moist soil)
Water Oak
Willow Oak
Chestnut Oak
Black Oak
Japanese Zelkova
'Green Vase' Zelkova'
'Village Green' Zelkova
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COLUMNAR TREES
Botanical N~me
Common Name
Acer platanoides 'Columnare'
Acer rubrum 'Columnare'
Acer saccharum 'Columnare'
Quercus robur 'Fastigiata'
Columnar Norway Maple
Columnar Red Maple
Columnar Sugar Maple
Upright English Oak
*Note: Trees that can be utilized are not limited to those listed.
520 Rev. 3/21/90
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3. Non acceptable tree species
BOTANICAL NAME COMMON NAME
Acer negundo Box Elder
Acer saccharinum
Ailanthus alttsstma
Albizia julibrissin
Betula papyrifera
Catalpa bignonioides
Ginkgo biloba
Laburnum anaqyroides
Melia azedarach
Morus spp~
Paulownia tomentosa
Picea abies
Picea pungens
Pinus strobus
Ptnus sylvestris
Populus alba
Populus deltoides
Populus nigra
'Italica'
Prunus serotina
Salix spp.
Ulmus americana
Ulmus pumila
*Street Onlv
Revised 3/21/90
Silver Ma9,1e
Tree of Heaven
Mimosa
Paper Birch
S_o_~_%h~ ~ ~ t__a,~.~
PROBLEM~$_L
weak wood, short
lived, insects
weak wood, insects,
shallow roots,
prolific seedinQ.
offensive odor
poor landsca~
mimosa wilt disease
insects
G i n kg o___1~.9~_~3 e~ o__f~gj~ .._~?.~!~__9.~.9_r-
P_%l_ant).
Golden Chain Tree environmental stress
Chinaberr~ ~a~ ~9_o_d~....~_~.~_
suckers
Mulberries p~b_~9~.~.e_.~r_U_i_~
~mpress Tree seed pq~_
Norway Spruce environmental stress
/heat,
Blue Spruce environmental stress
/heat,
White Pine decline and insects
Scotch Pine environmental stress
White or S i lver w_~ea__k__.~gp_d_.~__~.i~.~_~.
Poplar
Eastern Cottonwood
root system,
seeding
Lombardy_poplar extensive root
short lived, disease
Wild Black Chert_y_ pbjectionable fruit,
insects
Willow* weak wood, roots
American Elm dutch elm disease
Siberian Elm .~hort.
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DRAFT
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AN ORDINANCE TO AMEND AND REORDAIN
THE. CODE OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, BY ADDING APPENDIX
E TO ESTABLISH REGULATIONS AND
REQUIREMENTS FOR .TREE PLANTING,
PRESERVATION AND REPLACEMENT ON
RESIDENTIAL LOTS AND ALONG
RESIDENTIAL STREETS FOR NEW
SUBDIVISIONS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the'Code of :.the City of Virginia Beach, Virginia, is
hereby amended and reordained by adding sections 1.1 e_~t seq. to
read as follows:
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Section 1.1. NARRATIVE
Trees are proven producers of oxygen~ a necessary element fo~
the survival of man. Trees appreciably reduce the ever-increasinQ
and environmentally-dangerous carbon dioxide contents in the air,
and they play a vital role in purifying the air that man breathes.
Trees precipitate' dust and other particulate airborn,-.
pollutants to settle on the ground.
Trees, through their root systems{ stabilize the water table
and play an important and effective part in soil conservation and
Trees are an invaluable physical and psycholoqica]
counterpart to the urban setting, making urban life moro
comfortable by providing shade and cooling of the air and land{
and reducing noise levels'and glare..
The City Council of Virginia Beach has determined that the
planting and preservation of trees within Virginia Beach is no~
only desirable but essential to the present and future health{_
~afety and welfare of all the citizens.
Section 1.2. INTENT
It is the i'ntent of the City of Virginia Beach to require the
planting of trees on residential, lots and along residential
erosion control.
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streets, within new residential developments. It is further
intended to e. p_~etuate tree_.q_rowth through these_provisions, to
encourage tree_preservation,_~rovide ade._quate tree cano_.~__~
numbers, in the best interests of the heal~ and welfare
9f present and future citizens.
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Section 1.3. DEFINITIONS
For the purposes of this ordinance, certain terms are defined
as follows:
CALIPER: The diameter of a tree measured six_~ inches above
existing grade.
CANOPY COVER: The crown "branch" area 'of a tree measured in
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square feet after ten~010~ears from installation as specified in
this ordinance.
CULTIVAR: A "varie~lant denoting an assemblae..g~__~
cultivated individuals which are distin uished b an si nificant
characteristics and which~ retain their distin~
characteristics.
DRIP LINE: An ima~endicular line that extends downward
from the outermost tips of the branches to the~
LOT SIZE: That portion'of the lot allowed for use in determining
the minimum lot size retirements as stated in section 200 of the
City Zoning Ordinance.
MULTI-STEM TREE: A tree having more than one stem "trunk"
9merging from the root system.
RESIDENTIAL LOT: A~arcel of land abuttin__~_on a street
and created ~al instrument u_.pon which is to be built
one or more dwellin~ 'units' and shall include detached sin__n.q~
family (type) condominiums.
RESUBDIvISION: Subdividin~ an existin_~_s.ubdivision to chane_.q~_~
shoe or size of the lots without increasi_ng the number of lots.
SPECIES: The unit in the botanical classification of ~
STANDARD TREE: A tree~ro~ith a sinl~ erect stem.
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TREE: An self-su ortin wood lant of a s_~ecies'which normal_~
~inia Beach, at a commonla_~ted maturitt.~._.~
overall height of a minimum of fifteen ~
Section 1.4. APPLICATION
The terms and_pr6visions of this ordinan~e shall a 1._~_~_~
property as follows:
~. Residential
All residential lots sha'll have trees_planted,' or
~rovided, based u_]~on
requ rements by lot size:
a®
the following
-.4,999 square feet
.(il' ~ small tree_per attached townhouse.
interior lot.
small, or medium, trees for
attached townhouse end lots.
small or medium trees for all
other lots
b. 5,000 - 7,499 square feet
300 square-foot canopy cover
c_~. 7,500 - 9,999 square feet
~00 square-foot canopy cover
d__. 10,000 - 14,999 square feet
~00 square-foot canopy cover
e__. 15,000 - 19,999 square feet
~50 square-foot canopy cover
f._~. 20,000 - 29,999 square feet
~.00 square-foot' canopy cover
9_~ 30,000 - 43~559 square feet
~,000 square-foot, canopy cover
h__. 43,560 - 87,119 square feet
500__~_~uare-foot cano_p.y_cover for each one-half
acre
i. 87,120 square feet and greater
2,000 square-foot'canopy cover
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500 square-foot canopy cover for each one-half
acre
i. 87,200 square feet and greater
2,000 square-foot canopy cover
2. Trees shall be selected from the Specifications and
Standards and shall be a minimum of five (5) to six (6) feet
height for small trees at the time of planting and two (2) inche~
to two and one-half (2 1/2) inches caliper for medium and largo
trees at the time of planting. Planting shall be accomplished in
accordance with the Specifications and Standards.
3. Existing or relocated trees on individual lots may
be used to satisfy Section 1.4.A. provided that:
a. The trees meet or exceed the quantities
required for lots 1 to 4,999 square feet or
~anopy cover as listed in Section 1.4.A.1.;
and
b. The trees have been protected in accordance
with Section 1.4.A.5. during construction and
are physically and structurally in good
condition per the City Arborist or him
designee.
c. Trees that have canopy extending over
adjoining lots will receive credit for only
that portion of canopy covering the lot from
which the tree is growing. Credit for canopy
cover will be given when trees on adjoining
lots have canopy extending over an individual
lot, but only that portion extending will be
credited towards the required canopy cover for
the individual lot. Canopy cover for street
trees shall be credited toward residential
lots in the amount of area on the individual
lot measured from the right of way line.
4. Non-Acceptable Trees: Trees selected for
residential use shall not be of a specie, variety
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or cultivar from the non-acceptable tree list, in
the SpecifiCations and Standards.
Tree Protection during Construction: Existing
trees that are to be used to meet the requirements
of Section 1.4 shall be protected in accordanco
with the following:
Before construction activity begins,
protective barriers must be securely in place.
Minimum undisturbed areas shall be determined
by multiplying the tree's Diameter Breast
Height (DBH), measured at four and one half (4
1/2) feet, by one (1) foot. This is th,
minimum diameter that must be left undisturbed
around each tree. This' area is approximately
the area of the outermost branches (drip
line). Ail construction activities shall be
prohibited within the minimum undisturbed
areas, provided for any tree(s) for which
credit is given toward satisfying the
residential canopy requirements. Ali
temporary construction activities shall also
be prohibited within the minimum undisturbed
areas, including all excavating, filling,
trenching, construction storage and dumping,
and parking of construction equipment/vehicles
or employee vehicles.
Bond: Prior to the issuance of any subdivision
permit, the developer shall provide a performanco
bond with surety, cash escrow, irrevocable letter
of credit, any'combination'thereof, or such other
legal arrangement acceptable to the city attorney
to cover the costs of such trees and their
planting. : Should the city be required to tako
action to see that the trees are purchased and/or
planted, the city may collect from the developer
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for the difference should the amount of tho
reasonable cost of such action exceed the amount of
security held.
Inspection: Ail lots shall be inspected and
approved prior to the release of the bond.
Individual sections of subdivisions may bo
inspected and bond release authorized. Inspection
shall be performed by the City arborist or his
designee.
Street Tree Planting
1. Trees shall be planted within all public rights of
way in conjunction with new residential development
except resubdivisions, undeveloped rights of way
and townhouse developments where the street design
does not provide greenspace for street trees.
Trees shall be planted in accordance with a Master
Street Tree Plan, Section 1.4.B.4., that is to be
included with the subdivision construction plans.
The Master Street Tree Plan is to be prepared in
accordance with Section 1.4.B.4. and approved by
the City Arborist.
Ail street trees shall be a minimum of one and
three-fourths (1 3/4) to two (2) inch caliper at
time of planting for standard trees and five (5)
feet to six (6) feet in height for multi-stem trees
at time of planting. Trees shall be guaranteed to
be in good physical condition as determined by thn
City Arborist or his designee, for a period of OhO
(1) year by the developer. The one-year period
shall commence from the time of final inspection.
Tree Selection: Trees shall be selected from the
Specifications and Standards. Tree selection shall
be small or medium size and spaced according to th~
Recommended List of Street Trees in tho
Specifications and Standards when distance between
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sidewalk and curb is four (4) feet. Tree selection
shall be medium or large size and spaced accordin9
to the RecOmmended List of Street Trees in the
Specifications and Standards where the distance
between sidewalk and curb is greater than four (4)
feet or if a sidewalk is not required.
Master Street Tree Plan: A Master Street Tree Plan
'shall be prepared and contain the following
information:
b®
A landscape plan drawn to the same scale as
the subdivision plan showing the location and
spacing of all trees to be planted.
Botanical names, common names, sizes and
Cm
quantities.
Planting details.
Location of all curb lines, sidewalks and
major utilities. Utilities conflicting with
placement of trees shall require an adjustment
of tree spacing. When adjustment is
necessary, spacing shall not exceed tho
maximum allowable spacing. No trees shall be
placed'within ten (10) feet of a street light
pole nor encroach within the visibility
triangle as defined by $ 201(f) of the City
Zoning Ordinance. Generally, a minimum of
four (4) feet of green space on either side of
sidewalk shall be required.
Trees on residential lots shall not be used to
meet the requirements of Street Tree Planting,
except when a lot or group of lots are heavily
wooded and the planting of street trees would
physically conflict with the canopy of the
residential trees. The Street treo
Requirements may be deleted ~
· n these areaa
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C®
Do
only. The City arborist or his designee shall
determine if such a conflict exists.
Bonding: A bond for trees and installation shall
be required to cover the guarantee period.
Exemptions:
The requirements of section 1.4 of this appendix
shall not apply to resubdivisions or to unimproved
rights of way.
The requirements of section 1.4.B shall not apply
to townhouse developments where the street design
does not provide adequate greenspace for street
trees.
Compatibility with Best Management Practices (BMPS). In
no case shall a subdivision be approved wherein the
~esign calls for the planting of trees over any
underground water retention areas.
Section 1.5. Violations and Penalties.
Any person who violates any of the provisions of this
ordinance shall, upon conviction thereof, be guilty of a
misdemeanor punishable by a fine of not less than ten dollar:~
($10.00) nor more than one thousand dollars ($1000.00). Each day
that a violation continues shall be considered a separate offense.
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Section 1.6.
ae
Variances and Appeals.
The city manager is authorized, upon appeal in specific
cases, to grant a variance from the terms of the
ordinance as will not be contrary to the publi,':
interest, when owing to special conditions, a literal
enforcement of the provisions' will result
unnecessary hardship, provided that the spirit of tho
ordinance shall be observed and substantial justice
done, as follows:
1. Strict application of the terms of the ordinance
will effectively prohibit or unreasonably restrict
the use of the property.
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Be
Ce
2. Granting of such variance will alleviate a clearly
demonstrable hardship approaching confiscation as
distinguished from a special privilege.
In authorizing a variance the city manager may impose
such conditions as may be necessary in the publi,';
interest.
It is further provided that any decision of the cit~
manager may be modified, reversed or affirmed by the
city council upon appeal by any aggrieved party to such
decision, if such appeal is filed within thirty (30)
days of such decision.
Final decision under this ordinance shall be subject to
review by the appropriate court of record, if filed
within thirty (30) days from the date of council action.
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3O8
Adopted by the Council of the City of Virginia Beach,
Virginia, on the
, 1990.
RRH:jk
5/15/89
NEW/lmt/ccm
5/23/89
5/30/89
5/31/89
6/20/89
7/19/89
8/22/89
lO/lO/89
10/30/89
10/31/89
11/27/89
12/1/89
02/26/90
CA-3336
~ORDIN\PROPOSED\TREES.PRO
day of
Section 1.5. LANDSCAPING SPECIFICATIONS AND STANDARDS
Ail landscaping required shall be provided in
conformance with the followinq criteria:
A. Qualit¥i All trees used in conformance with the
provisions of this ordinance shall conform to the most
recent addition of the "American Standard for Nursery
Be
Stock" published by the American Association of
Nurserymen. All trees shall be balled and burlapped or
container-qrown.
Installation: Ail trees shall be installed in a soundt
workmanship-like manner and accordinq to accepted, good
plantinq practices and procedures as hereinafter
described.
Settinq Trees:
Ail trees should be planted in pitst Centered and
set on six (6) inches of compacted topsoil to such
a depth that the finished qrade level of the plant
after settlinq will be the same as that when the
tree was grown. Trees shall be planted upright and
faced to give the best appearance in relationship
to streets or residences. Wire and surplus binding
from top and sides of balls should be removed.
Topsoil should be placed and compacted carefully to
avoid injury to roots and to fill all voids. When
the hole is nearly filled, add water as necessary
and allow it to soak away. Fill the hole to
finished grade and form a shallow saucer around each
Dlant by Dlacing a ridqe of topsoil around the edge
of each pit. After the ground settles~ additional
topsoil should be filled to the level of the
finished grade.
Staking, Guying and Wrapping:
Stakes for supporting trees should be two and one-
half (2 1/2) inches square or round, by eight (8)
feet long, Dressure treated wood or painted rib-back
posts. Steel anchors may also be utilized in guying
trees and shall be installed according to accepted
standards. Stakes should be equally spaced about
each tree and shall be driven vertically into the
ground to a depth of two and one-half (2 1/2) to
three (3) feet in such manner as not to injure the
ball or roots. Trees should be fastened to each
stake at a height of about five (5) feet be means
of two (2) strands of wire. Wire for guys or
fastening trees to stakes should be No. 12 gauge,
pliable~ galvanized steel. Hose to encase guys or
wires~ used for fastening trees to stakes~ should
be two-ply reinforced rubber garden hose. Wrapping
for tree trunks should be kraft-paper wrap. Trunks
of all shade trees should be wrapped from the ground
to the height of the first strong complement of
branches. Wrapping material should be wound around
the trunk and fastened With twine at the base and
top.
3
Section 1.8. TREE LISTS.
ae
RECOMMENDED LIST OF RESIDENTIAL TREES
SMALL TREES
BOTANICAL NAME
COMMON NAME
CANOPY COVER
Amelanchier canadensis
Cercidiphyllum japonicum
Cercis canadensis
Chionanthus virginicus
Comus mas
Koelreuteria paniculata
Lagerstroemia spp.
Magnolia x soulangiana
Magnolia stellata
Malus spp.
Prunus serrulata
Prunus subhirtella 'Pendula'
Prunus yedoensis
Stewartia monadelpha
Styrax japonicus
Serviceberry
Katsura Tree
Redbud
White Fringe Tree
Cornelian Cherry
Golden-Rain Tree
Crape Myrtle (all species
and cultivars except Dwarf
and Semi-Dwarf)
Saucer Magnolia
Star Magnolia
Flowering Crabapple (all
species and cultivars)
Japanese Flowering Cherry
(all cultivars)
Weeping Higan Cherry
Yoshino Cherry (all cultivars)
Tall Stewartia
Japanese Snowbell Tree
100 sq. ft.
for all
small trees
MEDIUM TREES
COMMON NAME
BOTANICAL NAME
CANOPY COVER
Acer campestre
Acer ginnala
Acer rubrum
Betula alba
Betula niqra
Betula platyphylla var.
japonica
Crataequs phaenopyrum
Gleditsia triacanthos var.
inermis
Ilex opaca
Magnolia virqiniana
Nyssa sylvatica
Pinus nigra
Pyrus calleryana
Quercus acuta
Quercus acutissima
Quercus robur 'Fastigiata'
Quercus virqiniana
Sophora japonica
Tilia cordata
Hedge Maple
Amur Maple
Red Maple
(all cultivars)
European White Birch
River Birch
Japanese White Birch
150 sq. ft.
for all
medium trees
Washington Hawthorn
(large thorns)
Thornless Honey Locust
(all cultivars)
American Holly
Sweet Bay Magnolia
Sour Gum
Austrian Pine
Callery Pear (Cultivars only)
Japanese Evergreen Oak
Sawtooth Oak
Pyramidal English Oak
Live Oak
Pagoda Tree (all cultivars)
Little Leaf Linden (all cultivars)
BOTANICAL NAME
Acer platanoides
Acer saccharum
Celtis spp.
Fraxinus pennsylvanica
Fraxinus pennsylvanica
'Marshall's Seedless'
Ginkqo biloba
Liriodendron tulipifera
Magnolia grandiflora
Metasequoia glyptostroboides
Pinus elliottii
Pinus taeda
Platanus x acerifolia
'Bloodqood'
Platanus occidentalis
Quercus bicolor
Quercus coccinea
Quercus darlingtonia
Quercus macrocarpa
Quercus nigra
Quercus phellos
Quercus prinus
Quercus robur
Quercus velutina
Taxodium distichum
Zelkova serrata
Zelkova serrata
'Village Green'
LARGE TREES
COMMON NAME
Norway Maple
(all cultivars)
Sugar Maple
(all cultivars)
Hackberry
Green Ash
'Marshall's Seedless'
Green Ash
Ginkgo (Male Cultivars
only) Maidenhair Tree
Tulip Poplar
Southern Magnolia
Dawn Redwood
Slash Pine
Loblolly Pine
'Bloodqood' London Plane
Tree
American Sycamore .
Swamp White Oak
Scarlet Oak
Darlinqton Oak
Bur Oak (favors moist soil)
Water Oak
Willow Oak
Chestnut Oak
English Oak
Black Oak
Bald Cypress
Japanese Zelkova
'Village Green' Zelkova
CANOPY COVER
200 sq. ft.
for all
large trees
2
B. RECOMMENDED LIST OF STREET TREES
SMALL TREES
BOTANICAL NAME
COMMON NAME
Katsura Tree
CercidiDhyllum japonicum
Koelreuteria paniculata
Laqerstroemia spp.
Prunus serrulata
Prunus yedoensis
Golden-Rain Tree
Crape Myrtle (all
species and cultivars
except Dwarf and
Semi-Dwarf species
and cultivars)
Japanese Flowering
Cherry (all cultivars)
Yoshino Cherry
(all cultivars)
MAX. SPACING
20' for all
small trees
BOTANICAL NAME
Acer rubrum
Betula niqra
Betula platyDhylla var.
JaDonica
Crataequs phaenoDyrum
Gleditsia triacanthos var.
inermis
Pyrus calleryana
Quercus acuta
Quercus acutissima
Quercus robur 'Fastiqiata'
Quercus virqiniana
Sophora jaDonica
Tilia cordata
MEDIUM TREES
COMMON NAME
MAX. SPACING
30' for all
medium trees
Red Maple
(all cultivars)
River Birch
Japanese White Birch
Washinqton Hawthorn
(large thorns)
Thornless Honey Locust
(all cultivars)
Callery Pear (Cultivars
only)
Japanese Everqreen Oak
Sawtooth Oak
Pyramidal Enqlish Oak
Live Oak
Pagoda Tree (all cultivars)
Little Leaf Linden
(all cultivars)
3
BOTANICAL NAME
Acer platanoides
Acer saccharum
Celtis spp.
Fraxlnus pennsylvanica
Fraxinus pennsylvanica
'Marshall's Seedless'
Ginkgo biloba
Metasequoia glyDtostroboides
Platanus x acerifolia
'Bloodqood'
Quercus bicolor
Quercus coccinea
Quercus darlinqtonia
Quercus macrocarpa
Quercus nigra
Quercus phellos
Quercus prinus
Quercus robur
Quercus velutina
Taxodium distichum
Zelkova serrata
Zelkova serrata
'Green Vase'
Zelkova serrata
'Village Green'
LARGE TREES
COMMON NAME
MAX. SPACING
50' for all
large trees
Norway Maple
(all cultivars)
Sugar Maple
(all cultivars)
Hackberry
Green Ash
'Marshall's Seedless'
Green Ash
Ginkgo (Male Cultivars
only) Maidenhair Tree
Dawn Redwood
'Bloodqood' London Plane
Tree
Swamp White Oak
Scarlet Oak
Darlinqton Oak
Bur Oak (favors moist soil)
Water Oak .,
Willow Oak
Chestnut Oak
English Oak
Black Oak
Bald CyDress
Japanese Zelkova
'Green Vase' Zelkova
'Village Green' Zelkova
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AN ORDINANCE TO AMEND AND
REORDAIN ARTICLE 2, SECTION 203
OF THE CITY ZONING ORDINANCE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, PERTAINING TO OFF-
STREET PARKING REQUIREMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Article 2, Section 203 of the City Zoning Ordinance of
the City of Virginia Beach, Virginia, is hereby amended and
reordained to read as follows:
Section 203. Off-street parking requirements.
(a) The following specified uses shall comply with the off-
street parking requirements designated therefor:
(1) Animal hospitals, business studios, eleemosynary and
philanthropic institutions, veterinary establishments,
commercial kennels, animal pounds and shelters,
wholesaling and distribution operations, financial
institutions other than banks, laboratories other than
medical, passenger transportation terminals and
broadcasting studios: at least one (1) space per four
hundred (400) square feet of floor area;
(2) Auditoriums, assembly halls and union halls; commercial
recreation facilities: at least one (1) space per one
hundred (100) square feet of floor area or at least one
(1) space per five (5) fixed seats, whichever is
greater;
(3) Banks, credit unions, savings and loans, and other such
financial institutions: at least'one (1) space per one
hundred twenty-five (125) square feet of floor area;
(4) Botanical and zoological gardens: at least, one (1)
space per ten thousand (10,000) square feet of lot area;
(5) Bowling alleys: at least five (5) spaces per alley;
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~5
~6
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18
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2
3
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7
8
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0
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2
3
4
5
6
7
8
(6) Child care centers and child care education centers: at
least one (1) space per three hundred (300) square feet
of floor area;
(7) Churches: at least one (1) space per five (5) seats or
bench seating space in the main auditorium;
(8) College or university: at least one (1) space per five
(5) seats in the main auditorium or five (5) spaces per
classroom, whichever is greater;
(9) Convalescent or nursing home: at least one (1) space
per four (4) patient beds;
(10) Country inns: at least one (1) space per room provided
for lodging transients;
(11) Drive-in eating and drinking establishments: at least
one (1) space per fifty (50) square feet of floor area;
(12) Dwellings, single-family, semidetached, duplex and
attached: at least two (2) spaces per dwelling unit;
(13) Dwellings, multifamily: at least two (2) spaces per
dwelling unit for the first fifty (50) units located on
a zoning lot and at least one and three quarters (1 3/4)
spaces per dwelling unit for all units in excess of
fifty (50) units;
(14) Eating and drinking establishments: at least one (1)
space for each seventy-five (75) square feet of floor
area;
(15) Eating and drinking establishments accessory to a hotel:
at least one (1) space for each three hundred (300)
square feet of floor area in dining area.
(16) Fraternity or sorority house, student dormitory: at
least one (1) space per two (2) lodging units or one (1)
space per three (3) occupants, whichever is greater;
(17) Furniture or appliance stores, machinery equipment,
automotive and boat sales and service: at least one (1)
space per nine hundred (900) square feet of floor area;
!
(18) Golf courses.' at leas
· t five (5) spaces per hole in the
main course;
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3
4
5
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3
4
5
6
7
8
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2
3
(19) Greenhouses and plant nurseries: at least one (1) space
per one thousand (1,000) square feet of selling area;
(20) Homes for the aged, disabled or handicapped: at least
one (1) space per unit;
(21) Hospitals: at least two and one-half (2 1/2) spaces per
patient bed;
(22) Lodging units: at least one (1) space per lodging unit;
(23) Marinas: at least one (1) space per boat slip;
(24.) Medical, optical, and dental offices and clinics, and
medical laboratories: at least one (1) space per two
hundred fifty (250) square feet of floor area;
(25) Meeting rooms and convention hall facilities accessory
to a hotel: at least one (1) space per twenty (20)
seating capacity;
(26) Museums and art galleries: not less than ten (10)
spaces and one (1) additional space for each three
hundred (300) square feet of floor area or fraction
thereof, in excess of one thousand (1,000) square feet;
(27) Nightclubs, bars, taverns, and dance halls: at least
one (1) space per one hundr'ed (100) square feet of floor
area;
(28) Nurses homes and similar housing for institutional
employees: at ~east. one (1) space per four (4)
occupants;
(29) Offices: at least one (1) space per two hundred fifty
(250) square feet of floor area;
(30) Personal service establishments: at least one (1) space
per two hundred (200) square feet of floor area;
(31) Printing and publishing establishments: at least one
(1) space per one thousand (1,000) square feet of floor
area;
(32) Private clubs and lodges, social centers, athletic clubs
and commercial recreation facilities other than bowling
alleys: at least one (1) space per one hundred (100)
square feet of floor area;
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(36) Sanitariums:
patient beds;
(33) Public buildings and funeral homes: at least one (1)
space per five hundred (500) square feet of floor area;
(34) Retail establishments, repair establishments, plumbing
and heating establishments and service establishments
other than personal service establishments: at least
one (1) space per two hundred (200) square feet of floor
area;
(35) Restaurants other than drive-in eating and drinking
establishments: at least one (1) space per seventy-five
(75) square feet of floor area;
at least one (1) space per four (4)
(37) Service or repair establishments, motion picture
studios, utility installations, manufacturing,
industrial, processing, packaging, fabricating, research
or testing labs, warehouse establishments, printing,
publishing, and plumbing and heating establishments: at
least one (1) space per employee on maximum working
shift;
(38) ~^--:- ....... - ,A_~_
(i) Shopping centers containing more than eight
individual uses or businesses and located on a zoning
4
5
6
17
lot five (5) to ten (10) acres in size shall have
total of:
one (1) space per two hundred (200) square feet
of floor area of all uses except restaurants and
theate.rs; '
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(e) Requirements for access by disabled persons. The
following requirements shall be applicable for all public and
nonresidential buildings:
(1) Off-street parking requirements for handicapped persons
shall be in accordance with the following table:
Total Parking in Lot Required No. of Accessible Spaces
5 to 50 1
51 to 100 2
101 to 200 3
Over 201 3 plus 1% of spaces in
excess of 200
(2) Parking spaces for disabled persons shall have a minimum
dimension of eight (8) by eighteen (18) feet, and have
an adjacent access aisle with a minimum dimension of
five (5) feet wide. Such parking access aisles shall be
part of the accessible route to the building or facility
entrance. Two (2) such accessible parking spaces may
share a common access aisle. Accessible parking spaces
shall be designated as reserved for the disabled by a
sign showing the symbol of accessibility. Such signs
shall have the lower edge of the sign no lower than four
(4) feet above grade.
(f) Residential parking requirements. Any area within a
garage or within an enclosed or covered space may be counted
toward meeting off-street parking requirements except where
specifically prohibited in the applicable district regulations.
,8
9
0
1
2
3
Adopted by the Council of the City of Virginia Beach,
Virginia on the ... day of , 1990.
WMM/ccm
3/13/90
CA-03666
~ordin~proposed~45-203.pro
.39
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one (1) space per two hundred (200) square feet
of floor area of restaurants and theatera
occupying, in the aqgregate, five (5) per cent or
less of the total floor area of the shopping
center;
one (1) space per seventy-five (75) square feet
of floor area of restaurants in excess thereof;
and
one (1) space per one hundred (100) square feet
of floor area of theaters in excess thereof.
(ii) Shopping centers containing more than eight (8)
individual uses or businesses and located on a zoning
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54
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59
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(iii)
lot ten (10) to thirty (30) acres in size shall have a
total of:
.(a) ~ one (1} space per two hundred (200) square feet
of floor area of all uses except restaurants and
theaters;
.(b) one (1) space per two hundred (200) square feet
of floor area of restaurants and theaters
occupying, in the aggregate, ten (10) per cent or
less of the total floor area of the shopping
(c)
center;
one (1) space per seventy-five (75) square feet
of floor area'of restaurants in excess thereof;
,(d)
and
one (1) space per one hundred (100) square feet
of floor area of theaters in excess thereof.
Shopping centers containing more than eight (8)
individual uses or businesses and located on a
(a)
zoning lot greater than thirty (301 acres in sizo
shall have a total of:
one (1) space per two hundred (200) square feet
of floor area of all uses except restaurants and
theaters;
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(d)
one (1) space per two hundred (200) square feet
of floor area of restaurants and theatern
9ccupying, in the aggregate, fifteen (15) per
cent or less of the total floor area of the
shopping center;
one (1) space per seventy-five (75) square feel-
of floor area of restaurants in excess thereof;
and
one (1) space per one hundred (100) square feet
of floor area of theaters in excess thereof.
...(iv) Notwithstanding the foregoing provisions, in the event
the total parking requirement of the individual use~
within a shopping center is less than that required
pursuant to (i) or (ii) hereinabove, the lesse~
requirement shall apply.
(39) Vocational, technical, industrial and trade schools: at
leas~ six (6) spaces per classroom;
(40) Uses permitted under conditional use permits shall
comply with the specific off-street parking requirements
attached to the conditional use permit.
(b) General Standards. Any off-street parking space,
including spaces provided above the minimum required, shall have
minimum dimensions of nine (9) by eighteen (18) feet; provided
that minimum dimensions for parallel parking spaces shall be nine
(9) by twenty-two (22) feet; provided that within a parking lot or
an enclosed parking garage or structure ..:~ t l~t .... ~.--~--~
~-~, spaces, ~-h-~t'~-2q~ ~wenty-five (25) pee~e per cent of the
spaces provided may be designated for compact cars, provided that
the~minimum dimensions shall be eight (8) by seventeen (17) feet
for regular spaces or eight (8) by twenty (20) feet for parallel
spaces and that all such compact car spaces be clearly marked with
the wording "Compact Cars Only". Each space shall be
unobstructed, shall have access to a street and shall be so
arranged that any automobile may be moved without moving another,
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except in the case of parking for one- and two-family dwellings
and in the case of parking for employees on the premises. All
spaces shall be provided and maintained with an allweather
surface. Where parking areas are illuminated, all sources of
illumination shall be so shielded as to prevent any direct
reflection toward adjacent premises in residential, apartment or
hotel districts. In addition:
(1) Park.ing areas for three (3) or more automobiles shall
have individual spaces marked, except in the case of parking for
one- and two-family detached dwellings, and spaces shall be so
arranged that no maneuvering directly incidental to entering or
leaving a parking space shall be on any public street~, alley or
walkway,
(2) Minimum aisle width required for parking areas shall be
according to the following table:
Parking angle
(in degrees)
Aisle Width
(in feet)
0-44 12
45-59 13.5
60-69 18.5
70-79 19.5
80-89 21
90 22
(c) Parking for accessory uses.
Unless otherwise specified
in the district regulations, accessory uses shall conform to the
parking requirements applicable to such uses, which requirements
shall be in addition to any parking required of the principal use.
(d) Commercial vehicular parking. Parking of a commercial
vehicle in residential or apartment districts Shall be prohibited,
except that one (1) commercial vehicle of one (1) ton or less may
be parked on any lot where there is located a main building by a
resident of the premises. This restriction shall not apply to
commercial vehicles during the normal conduct of business or in
the delivery or provision of service to a residential area. The
parking of semitrailers for commercial or industrial storage is
prohibited except on bona fide construction sites.
!
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2
3
4
5
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO STUDY AND GIVE ITS
RECOMMENDATION TO THE CITY COUNCIL
CONCERNING THE MODIFICATION OF
CERTAIN DEVELOPMENT REGULATIONS
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WHEREAS, the City's Committee to
regulations has completed its work and has
Council its recommended changes to the
regulations; and
study landscape
forwarded to the
City's landscape
WHEREAS, during the Committee's study and investigation,
the Committee identified certain development regulations which, if
relaxed or modified, may serve to enhance landscape beautification
efforts and/or reduce development costs, thereby serving to off-
set costs associated with a required increase in landscaping; and
WHEREAS, the City Council desires the Planning
Commission to examine these matters and to forward its
recommendation to the Council concerning any amendments which may
be appropriate;
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the Planning Commission is directed to review
the City's development regulations for the purpose of determining
whether landscape beautification efforts may be enhanced and/or
development costs reduced by relaxing or modifying development
regulations as follows:
(a) Development regulations concerning townhouse
development so as to encourage parking in the rear of units;
(b) Reducing the City's paved roadway widths in
cases where a reduced width should be acceptable;
(c) Reconsideration of the City's requirement of
curbs and gutters instead of grass swales where development costs
could be reduced and BMP's could be further encouraged.
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(d) Reducing parking stall lengths for:
(1) Compact cars
(2) Parking adjacent to interior parking lot
landscaping areas and street frontage landscaping strips.
2. That the Planning Commission shall forward its
findings and recommendation to the City Council at its earliest
convenience.
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41
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of March , 1990.
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GLF/dhh
CA-90-3686
03/26/90
\ordin\noncode\devreg.res
-18-
Item V-G. 2
RESOLUT I ONS/ORD I NANC ES
ITEM ~ 32613
ADD-ON
Upon motion by Councilwoman Parker, seconded by Councilman Baud, City Council
ADOPTED ~
A Resolution directing the City Manager to Study
and give his recommendation to the Ctiy Council
concerning the City's position and ragulations
regarding Open Burn lng as it relates to new
construction and development, and street IIght
design and spacing.
Vot ing: 11-0
Council Members Voting Aye:
Albert W. Balk o, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McCI anan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
1
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3
4
5
6
7
8
A RESOLUTION DIRECTING THE CITY
MANAGER TO STUDY AND GIVE HIS
RECOMMENDATION TO THE CITY COUNCIL
CONCERNING THE CITY'S PRACTICES AND
REGULATIONS REGARDING OPEN BURNING
AS IT RELATES TO NEW CONSTRUCTION
AND DEVELOPMENT, AND STREET LIGHT
DESIGN AND SPACING
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
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WHEREAS, the City's Committee to study landscape
regulations has completed its work and has forwarded to the
Council its recommended changes to the City's landscape
regulations; and
WHEREAS, during the Committee's study and investigation,
the Committee identified certain development regulations which, if
relaxed or modified, may serve to enhance landscape beautification
efforts and/or reduce development costs, thereby serving to off-
set costs associated with a required increase in landscaping; and
WHEREAS, the City Council desires the City Manager to
examine these matters and to make his recommendation to the
Council concerning any amendments which may be appropriate;
NOW, THEREFORE, BE IT RESOLVED BY ~HE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
That the City Manager is directed to examine and give
his recommendation to the City Council as to whether the Council
should amend its regulations concerning open burning as it relates
to new construction and development, and street light design and
spacing, and that the City Manager is further directed to advise
the Council as to whether the modification of such regulations
would serve to reduce development costs, thereby off-setting costs
associated with increased landscaping requirements.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 26 day of March , 1990.
33
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GLF/dhh
CA-90-3687
03/26/90
\ordin\noncode\landreg.res
-19-
Item V-G. 3
RESOLUT I ONS/ORD ! NANC ES
ITEM # 32614
The following spoke In OPPOSITION:
Peggy Bolanos, recipient of a Court Order for being homeless as of April 18,
1990, her children will be taken from her to be placed in a foster home. She
receives no child support for her six children. Mrs. Bolanos only receives
$435 from Social Services.
Steven Hal berstadt, 417-1/2 Sixteenth Street, has been working for the homeless
for sixteen years. Mr. Halberstadt read a Statement from a Homeless group
which is hereby made a part of the record.
Michel le Lahue, resident of a motel and homeless mother of two young children
Mrs. Lahue is working third shift at a motel while her husband is attending
ECPI.
Jeff Cantrel I , 780 Queens Way, Phone: 428-1463, with the Innerserve
Corporation. The Ordinance does not seem to comply with Section 401 of the
Stuart B. McKinney Homeless Assistance Act criteria.
Brenda McCormick, 417 Sixteenth Street, Phone: 491-2887, Executive Director of
Mother's, Incorporated. Brenda McCormick requested the City implement a "Per
Diem" Style System. Mrs. McCormick distributed a statement from Dee Chapman
who previously spoke in SUPPORT of St. Columba Ministries for a "Day Center
for the Homeless".
Upon motion by Vice Mayor Fentress, seconded by Councilman Baud, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIAI~ $54,000 from
the U. So Depar ~men t of Hous Ing and Urban
DeYelopme~t for a Federal Emergency Shelter Grant
to assist h~eless actlvltl®s.
Mr. Hector Rivera, Assistant City Manager for Human Services, shall review Mrs.
Bolanos' situation and attempt to obtain rel lef before the children are lost,
if this proves appropriate with the processes of the Court.
As per request of Counc i lman Moss, Robert Matth las, Director -
Intergovernmental Relations, and the City Attorney in conjunction with Jeanne
Evans of Congressman Pickett's office, prepare clarification of the Stuart B.
McKlnney Homeless Assistant Act criteria.
Vot ing: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Barn, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McCI arian, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
Will iam D. Sessoms, Jr.
Council Members Vot!ng Nay:
None
Councll Members Absent:
None
March 26, 1990
ORDINANCE TO ACCEPT AND APPROPRIATE $54,000
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR HOMELESS ASSISTANCE ACTIVITIES AND TO AUTHORIZE
THE CITY MANAGER TO EXECUTE AGREEMENTS REGARDING SUCH FUNDS
WHEREAS, the
provides funds to local
assistance activities, and
Stewart B. Mckinney Homeless Assistance Act
governments and others for homeless
WHEREAS, the U.S. Department of Housing and Urban
Development has received the Gity's application for Emergency
Shelter Grant funds under this act in the amount of $54,000, and
WHEREAS, the City's application specifies the activities to
receive such funds,
NOW, THEREFORE BE IT ORDAINED BY THE GOUNGIL OF THE CITY OF
VIRGINIA BEAGH that a Grant of $54,000 from the U.S. Department
of Housing and Urban Development be accepted, and
BE IT FURTHER ORDAINED that the City Manager be authorized
to execute a Grant agreement with the U.S. Department of Housing
and Urban Development acceptinG such grant, and
BE IT FURTHER ORDAINED that funds in the amount of $54,~
be appropriated to the Department of Housing and Neighborhood
Preservation to be used as specified in such grant application,
including the Granting of funds to non-profit agencies for the
carrying out of homeless assistance activities, and
BE IT FURTHER ORDAINED that the City of Virginia Beach will
comply with all requirements of the grant agreement and
regulations of the U.S. Department of Housing and Urban
Development regarding such funds.
Adopted by the Gouncil of the City of Virginia Beach this
26 day of March , 199~.
Approved as to Content
Margarita. Ustick, Director
Department of Housing and
Neighborhood Preservat ion
Approved as to Form
Attorney
FIRST READING: March 19, ].990
SECOND READING: March 26, 1990
- 20 -
Item V-G. 4
RESOLUT IONS/ORD I NANCES
ITEM # 32615
Upon motion by Vice Mayor Fentress, seconded by Councilman Balko, City Council
^DoI~rED .-
Ordinance authorizing license refunds in the amount
of $3,2;29.75 upon application of certain persons
and upon certification of the Commlssloner of the
Vot ing: 11 -0
Council Members Voting Aye.'
Albert W. Balk o, John A. Baud, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McCI anan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
FORM NO. C~ 8 REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penalty Int. Total
Brown, Bess 1988-89 Audit
T/A Brown's Landscape Design/Consul.
3R13 Chimney Creek Drive
Virginia Beach, VA 23462
Dibuoho, Tom V. 1988-89
T/A American Carpet
1808 Settlers Landing
Virqinia Beach, VA 23456
21.16 21.16
Eskins, Dawn B.
T/A Graphic Impact
436 Deal Drive
Chesapeake, VA 23323
Audit 62.61 62.61
1988-89 Audit 72.00 72.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 15 5.7 7
26
of the City of Virginia Beach on the day of
Certified as to Payment:
~b~ P. Vaughan
Commissioner of the Revenue
Approved as to form:
Leslie
City Attorney - ~
were approved by the Council
March
9O
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int.
NAME Year Paid
Total
Great Neck Restaurant Assoc.
T/A Greensleeves American Cafe
860 Greenbrier Circle, S-600
Chesapeake, VA 23320 1988
Gregory, James J. 1988-89
T/A James J. Gregory, Attorney
804 Newtown Road, S-104
Virginia Beach, VA 23462
Jolliff, Parile C. 1988
T/A J J Pipe Company
296 S. Parliament Drive
Virginia Beach, VA 23462
Audit 408.75
Audit 95.78
Audit 205.20
408.75
95.78
205.20
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 709,7 3
26
of the City of Virginia Beach on the day of
Certified as to Payment:
Robert P. Vaughan //-
Commissioner of the RevenuCe
Approved as to form:
City Attorney -' '~,
were approved by the Council
March 90
,19 .
Ruth Hodges Smith
City Clerk
FORM NO, C.A. 8 REV. 3,'86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int. Total
NAME Year Paid
1989 Audit 72.00 72.00
Lee, Dorothy J.
T/A Steves Lawn Service
929 Norfleet Road
Virginia Beach, VA 23462
Morgan, Ralph A. 1987-88
T/A Convenient Auto Reoair
1084 Willowbrook Court
Virginia Beach, VA 23464
Naulty Varieties Inc. 1988
T/A Ben Franklin
2344 Croix Drive
Virqinia Beach, VA 23451
Audit 58.64 58.64
Audit 283.52 283.52
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 414.16
26
of the City of Virginia Beach on the day of
Certified as to Payment:
~rt P. Vaughan
Commissioner of the Revenue
Approved as to form:
City Attorney
were approved by the Council
March
.19
90
Ruth Hedges Smith
City Clerk
FORM NO. C.A. 8 REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date Base Penalty Int.
NAME Year Paid
Total
Pollie, D.G. 1989
641 East Lynn Shores Circle
Virginia Beach, VA 23452
Rose, Thomas W. 1988
T/A Rose & Assoc
816 Moraan Trail
Virqinia Beach, VA 23464
Rosson, Ella Mae 1989
T/A The Lottery Guide
645 Cavendish Drive
Virginia Beach, VA 23455
Audit 168.17
Audit 25.94
1/10/90 30.00
168.17
25.94
30.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 2 2 4.11
of the City of Virginia Beach on the 26 day of
Certified as to Payment:
(---'R'~o~ert P. Vaughan //
Commissioner of the F~venue
Approved as to form:
City Attorney ~-t
were approved by the Council
March , 1990
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3/86
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
License Date
NAME Year Paid Base Penal~ Int. Total
Ship Analytics Inc. 1988-89 Audit 502.12 502.12
North Stonington Ct., Rt. 184
North Stonington, CT 06359-9801
The Southland CorD.
T/A 7-Eleven #25109
7931 Halprin Drive
Norfolk, VA 23518
V P & B Inc.
805 ~ontebello Circle
Chesapeake, VA 23320
1988-89 Audit 997.44 997.44
1989 Audit 90.41 90.41
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $ 1,5 8 9.9 7
26
of the City of Virginia Beach on the__ day of
Certified as to Payment:
(Rob-~rt P. Vaugh~n ~
Commissioner of the ReVenue
Approved as to form:
Leslie L, Lilley~--~
City Attorney "~
were approved by the Council
March
.19__
90
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV.
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:
License Date Base Penalty Int.
NAME Year Paid
Total
Valerio, Andrea M.
T/A Creative Dimensions
726 Coquina Lane
Virginia Beach, VA 23451
1989 Audit 42.00
Virginia Urology PC 1988
1856-B Colonial Medical Center
Virginia Beach, VA 23452
Audit 94.01
42,00
94.01
This ordinance shale be effective from date of
adoption.
The above abatement(s) totaling $ 13 6.0 '1
of the City of Virginia Beach on the 26 day of
Certified as to Payment:
~o~ert P. V~ug-han
Commissioner of the,Revenue
Approved as to form:
Leslie L,'Lilley ~
City Attorney
were approved by the Council
March , 19 9D
Ruth Hodges Smith
City Clerk
-21 -
I tern V-H.
PUBLIC HF. AR I NG
PLANN I NG
ITEM ~ 32616
Mayor Meyera E. 0berndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. PLANNING
(a) LOIZOU, INC., T/A A & G AUTO SALES
STREET CLOSURE
(b) BAYLAKE P I NES SCHOOL
CONDITIONAL USE PERt41T
(c) PAUL KYRUS AND MICHAEL XYSTROS
CONDITIONAL USE PEP, NIT
(d) ARTHUR N. ROEHLING
CONDITIONAL USE PERMIT
(e) KRAMER TIRE CO., INC.
COND I T IONA L US E PERM I T
(f) Ho ERNEST AND LEONT I NE BROWN
CONDITIONAL USE PERMIT
(g) BISHOP W. L. SULLIVAN, Richmond Diocese
CONDITIONAL USE PERMIT
(h) WILLIN4 K. AND BETTY L. WIDGEON
CONDtTONAL USE PERMIT
(I) WILLIANS CORPORATION OF VIRGINIA
CONDITIONAL USE PERNIT
(j) JDH/LBS
CHANGE OF ZONING DISTRICT
CLASSIFICATION
(k) BOOTH HILL JOINT VENTURE
VARIANCE
March 26, 1990
- 22 -
I rem V-H. 1.
PUBLIC HEARING
PLANN I NG
ITEM ~ 32617
Attorney Lorln Daniel Hay, 4336 Virginia Beach Boulevard, Phone: 486-1551
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council AUll~ORIZED FINAL APPf~OVAL of an Ordinance upon appl icatlon of LOIZOU,
INC., T/A A & G AIJTO SALES for the discontinuance, closure and abandonment of a
portion of Broad Street.
Application of Loizou Inc., T/A A & G Auto Sales
for the discontinuance, closure and abandonment of
a portion of Broad Street beg inning at the western
boundary of Southgate Avenue and running in a
westerly direction a distance of 125 feet. The
parcel is 60 feet in width and contains 7500 square
feet. BAYS IDE BOROUGH.
Voting: 10-1
Council Members Voting Aye:
Albert W. Balk o, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sesscms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Co un c i I Member s Ab sen t:
None
March 26, 1990
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT
CERTAIN STREET OF VARIABLE WIDTH, KNOWN
AS BROAD STREET, AS SHOWN ON THAT CERTAIN PLAT
ENTITLED
"RESUBDIVISION OF LOTS' 1, 2, 3, 22, 23, 24, 25, & 26 BLOCK 27
& CLOSED PORTION OF BROAD STREET, EUCLID PLACE, BAYSIDE BOROUGH,
VIRGINIA BEACH, VIRGINIA"
WHICH PLAT IS ATTACHED HERETO
WHEREAS, it appearing by affidavit that proper notice has been
given by Loizou, Inc., that it would make application to the
Council of the City of Virginia Beach, Virginia, on
1989, to have the hereinafter street discontinued, closed, and
vacated; and
WHEREAS, it is the judgement of the Council that said street
be discontinued, closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the council of the City of Virginia Beach,
Virginia that the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain lot, piece or parcel of land
situate, lying and being in the City of
Virginia Beach, Virginia and being known and
designated as "CLOSED PORTION OF BROAD STREET"
as shown on that certain plat entitled
"RESUBDIVISION OF LOTS 1, 2, 3, 22, 23, 24,
25, & 26 BLOCK 27 & CLOSED PORTION OF BROAD
STREET, EUCLID PLACE, BAYSIDE BOROUGH,
VIRGINIA BEACH, VIRGINIA" dated September 20,
1989, and made by W.P. Large, Inc., and being
more particularly bounded and described as
follows:
GPIN No. 1467-95-2752-0000
Beginning at a pin located at the northwest
corner of Lot 22, Block 27, as shown on that
certain plat entitled "EUCLID PLACE" duly
recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia,
in Map Book 4, at pages 62 and 63 herein
referred to as the "plat", and thence running
North 0° 15' 02" West 60 feet to a pin thence
running South 89° 44' 58" West 115 feet, to a
pin and thence along a arc a distance of 15.71
feet to a pin on the western edge of Southgate
Avenue and thence running South 0° 15' 02" East
along the Western edge of Southgate Avenue 70
feet to a pin on the Northeastern corner of
Lot 22, Block 27 as shown on the"plat"; thence
running north 89° 44' 58" East 125 feet, to the
point of beginning. "Save and except all that
certain portion of Broad Street which is
shaded on the hereinafter referenced plat, and
is hereby dedicated to the City of Virginia
Beach, Virginia, as a thirty (30) foot utility
easement."
Said area of closure is more particularly shown on the plat
entitled "RESUBDIVISION OF LOTS 1, 2, 3, 22, 23, 24, 25, & 26 BLOCK
27 CLOSED PORTION OF BROAD STREET, EUCLID PLACE, BAYSIDE
BOROUGH,VIRGINIA BEACH, VIRGINIA" which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia upon adoption of the ordinance, and is made a part by
reference.
SECTION II
A Certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the City of Virginia Beach as Grantor.
Adopted:
GPIN #:
FINAL APPROVAL: March 26, 1990
1467-95-2752-0000
OP~DI NANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN
STREET OF VARIABLE WIDTH, KNOWN AS BROAD STREET,
AS SHOWN UPON, THAT CERTAIN PLAT ENTITLED "
WHICH PLAT IS ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has
been given by Loizou, Inc. that it would make application to the
Council of the City of Virginia Beach, Virginia on
1989, to have the hereinafter street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said
street be discontinued, closed and vacated;
NOW THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia that the hereinafter described street be
discontinued, closed and vacated:
ALL THAT certain lot, piece or parcel of land
situate, lying and being in the City of Virginia
Beach, Virginia, and being known and designated as
"BROAD STREET TO BE VACATED AND CLOSED" on that
certain physical survey entitled "PHYSICAL SURVEY OF
BROAD STREET, WEST OF SOUTHGATE AVENUE EUCLID PLACE,
BAYSIDE BOROUGH, VA. BEACH, VA.", dated March 11,
1989, and made by MGM Engineering & Surveying, and
being more particularly bounded and described as
follows:
BEGINNING at a pin located at the northeast corner
of Lot 22, Block 27, as shown on that certain plat
entitled "EUCLID PLACE", duly recorded in the
Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 4, at pages 62
and 63 (the "Plat"), and thence running South 89c
44' 58" West 125 feet, more or less, along the
northern line of Lot 22, Block 27, as shown on the
Plat to the northwest corner of Lot 22, Block 27, as
shown on the Plat; thence running North 0c 15' 02"
West 60 feet, more or less, along an extension in a
northerly direction of the western line of Lot 22,
Block 27, as shown on the Plat to the northern line
of Broad Street; thence running North 89~ 44' 58"
East 125 feet, more or less, along the northern line
of Broad Street, to the western line of Southgate
Avenue; thence running South 0" 15' 02" East 60
feet, more or less, along the western line of
Southgate Avenue, to the point of beginning.
Said parcel of land designated as"
~! as
GPIN 1467 95 2752 0000
indicated on that certain plat of property in Virginia Beach,
Virginia, which plat is to be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, upon
adoption of this ordinance, and is made a part by reference.
SECTION II
A Certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, 'Virginia, and indexed in the name of the City of Virginia
Beach as Grantor.
Adopted:
GPIN# 1467 95 2752 0000
'7'/4/5 /~ "TO cE,~'-r/~Y 'TH,,~T Z, O,'V m'/,O~.C.,~' //, /.089 $U/~V£Y~'L) 'THE
..2HOw/v ON THI,5 zOLAT, ,,~A/D T'NAF THC TITLE L/NE$ AND Tt4£ ~4/~L~$
.-,'NE5 /fiND TIV~,qE' ~,qE' A"O' '.15 r'N~c' TI
MOTOR
A .550CIAT£,5
,5',k'. Z 7 ~; J
LOT/,
f~LOCK ~7
'EUCLID PLACE
OF'
,SEC'iT. 13
,~ ,Y I ,5 'r. $ ~ r,,l l "F ,~ lr? y .fEI/JEt?,
~8~o/"4D 3TI~EET TO'BE' 1/11 CLOSED
?~ ,¢. oo
A,fOT 22. BLOCK 22'
LI CLID ~L,~CE,
/'V O'/'E 5:
0,172.2 AC.
,,'a~E BI1,,?£D ON . N. 5, V, O. 192.~
5IG/VZD :
AZG ENGIN£.ERINIG
$ LLtR VE Y/A/
PHYSICAL SURVEY OF. ,,
~ O~TH~A~E AVEMUE
PLACE, BAY61DE SORO~H ,
DE/ICH, VA.
5CiqLE : i;'--30'
DA 7'b-: 3,-/1.-.89 ,
DRN BY.:
A PR.
- 23 -
Item V-H.I.b.
PUBL lC HEARING
PLANNING ITEM ~ 32618
Attorney Robert B. Cromwell, Pembroke One,
applicant
Phone: 499-8971, represented the
Upon motion by Councilman Heischober, seconded by Councilman Sessoms, City
Council ADOP~I~D an Ordinance upon application of BAYI_AKE PINES SCHOOL for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BAYLAKE PINES SCHOOL
FOR A CONDITIONAL USE PEI~IIT FOR A PRIVATE SCHOOL
R03901290
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Baylake Pines School
for a Conditional Use Permit for a private school
on the north side of Shore Drive, 550 feet more or
less east of Greenwell Road. Said parcel is located
at 4444 Shore Drive and contains 4.978 acres. More
detailed Information is available in the Department
of Planning. BAYSIDE BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of March~ Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 24 -
Item V-H. 1 .c.
PLE~L lC HEAR lNG
PLANNING
ITEM ~ 32619
Michael Xystros, 5018 Amboy Court, Phone: 497-2445, represented himself
Upon motion by Vice Mayor Fentress, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon appltcation of PAUL KYRUS AND MICHAEL XYSTROS for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PAUL KYRUS AND
MICHAEL XYSTROS FOR A CONDITIONAL USE PEI:~IlT FOR A
TEMPORARY PARK I NG LOT R03901291
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of Paul Kyrus and
Michael Xystros for a Conditional Use Permit for a
temporary parking lot on certain property located
at the northeast corner of Atlantic Avenue and 31st
Street. Said parcel contains 1.03 acres. More
detailed information is available in the Department
of pi ann lng. VIRGIN IA BEACH BOROUGH.
The following conditions shall e required:
1. A 4-foot split rail fence or concrete or timber
wheel stops shall surround the site and del ineate a
5-foot no parking setback which must be maintained
along all sides of the site.
2. The use permit shall be for a period of one (1)
year.
e
The parking lot surface shall be repaired and
maintained with 2 inches of crush and run,
compacted and fine graded.
4. Entrance shall be secured by a chain or gate during
non-operation hours.
5. Only one entrance/exit onto Atlantic Avenue shall
be allowed.
6. A barrier channel ling vehicles as far on-site as
possible should be erected thereby alleviating
enter ing vehicl es from stacking into Atl antic
Avenue.
7. Close the existing curb cut and provide a 36-foot
CG-9D entrance with 15 feet radial flares located
further south than the existing, to alleviate
southbound left turning movements from impeding the
Laskin Road/Atlantic Avenue intersection.
8. Trash receptacles shall be available on the lot.
9. Fence shall be maintained in good condition at all
times.
10. There shall be no operation of the parking lot
until all conditions have been satisfied.
March 26, 1990
- 25 -
Item V-H. 1.c.
PUBLIC HEARING
PLANN 1 NG
ITEM ~ 32619 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twent)/-
sixth of March~ Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye.-
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 26 -
Item V-H.l.d.
PUBLIC HEARING
PLANNING
ITEM # 32620
Arthur N. Roehling, 3877 Charity Neck Road, Phone: 721-2225, represented the
applicant
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED an Ordinance upon application of ARTHUR N. ROEHLING for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF ARTHUR N. ROEHLING
FOR A CONDITIONAL USE PERMIT FOR A SINGLE FAMILY
DWELLING IN THE AG-1 AGRICULTURAL DISTRICT ON
CERTAIN PROPERTY R039012912
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Arthur N. Roehling
for a Conditional Use Permit for a single family
dwelling in the AG-1 Agricultural District on
certain property located on the west side of
Blackwater Road, 847.42 feet south of Pungo Ferry
Road. The parcel contains 7.34 acres. More detialed
information is available in the Department of
Planning. BLACKWATER BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of March~ Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 27 -
Item V-H. 1.e.
PUBLIC HEARING
PLANNING
ITEM # 32621
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of KRAMER TIRE CO., INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KRAMER TIRE CO., INC.
FOR A CONDITIONAL USE PERMIT FOR TIRE AND AUTO
REPAIR R03901293
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Kramer Tire Co., Inc.
for a Conditional Use Permit for tire and auto
repair on the south side of Dam Neck Road, 250 feet
west of General Booth Boulevard. Said parcel
contains 19,101 square feet. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. There shall be no outside storage of vehicles
during non-business hours.
2. Ail repairs are to be made inside the building. No
outside repairs will be allowed.
3. Ail trash and new or used automobile parts,
including tires, shall be stored within the
building.
4. This site is approved only for those uses specified
by the applicant and those uses permitted at
automobile service stations and defined in Section
111 of the City Zoning Ordinance under the
definition of "automobile service station". No
heavy engine, transmission or body repairs will be
allowed.
5. Perimeter parking lot landscaping is required.
6. If a trash receptacle is necessary on the outside
of the building, same shall be screened.
March 26, 1990
- 28 -
Item V-H.I.e.
PUBLIC HEARING
PLANNING
ITEM # 32621 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of March~ Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 29 -
Item V-H.I.fo
PI.BL lC HEARING
PLANNING
ITEM ~/ 32622
Attorney Charles Salle', 192 Ballard Court, Phone: 490-3000, represented the
applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Baun, City Council
ADOPT]ED an Oridnance upon application of Ho EI~NEST AND LEONTINE BROWN for a
Conditional Zoning Classification:
ORDINANCE UPON APPLICATION OF H. ERNEST & LEONTINE
BROWN FOR A CONDITIONAL ZONING CLASSIFICATION FROM
R-20 TO B-lA Z03901277
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRIGNIA
Ordinance upon application of H. Ernest & Leontine
Brown for a Conditional Zoning Classification from
R-20 Residential District to B-lA Limited Community
Business District on certain property located at
the intersection of Princess Anne Road and Mathews
Green. Said parcel cotains 34,848 square feet. More
detailed information is available in the Department
of PI ann lng. PRINCESS ANNE BOROUGH.
The following conditons shall be required:
1. The proffers contained in the agreement recorded in
the Clerk's Office of the Circuit Court of the City
of Virginia Beach.
2. The design of any structure located on the property
shall be approved by the Virginia Beach Historical
Review Board and the applicant shall comply with
the ir standards.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of March~ Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balk o, John A. Baud, Vice Mayor Robert E.
Fentress, Harold Helschober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 30 -
Item V-H. 1.g.
PUBLIC HEARING
PLANNING
ITEM # 32623
Reverend Dwight E. Shrader, 1404 Pacific Avenue, Phone: 426-2180, represented
the applicant
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of BISHOP W. L. SULLIVAN,
RICHMOND DIOCESE, for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BISHOP W. L.
SULLIVAN, RICHMOND DIOCESE, FOR A CONDITIONAL USE
PERMIT FOR A CHURCH AND RECTORY R03901294
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bishop W. L.
Sullivan, Richmond Diocese, for a Conditional Use
Permit for a church and rectory on certain property
located at the northeast corner of Sandbridge Road
and Painters Lane. Said parcel contains 7.442
acres. More detailed information is available in
the Department of Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. The eastern entrance shall have a minimum width of
36 feet to allow for one lane entering and two
lanes exiting the site as left and right turns.
Dedicated right and left turn lanes will also be
required on Sandbridge Road.
2. The western entrance shall align with the entrance
approved for the commercial site located across
Sandbridge Road.
3. A right-of-way reservation is required along this
site's entire Sandbridge Road frontage to provide
for a standard 60-foot right-of-way (an approximate
15 foot right-of-way reservation).
4. Category I landscaping screening shall be required
along the entire northern property line.
5. A tree protection plan shall be approved by the
City Arborist before the commencement of any land
disturbing activity.
6. A rendering of the application, shall be prepared,
as soon as possible and reviewed by Council Lady
McClanan.
March 26, 1990
- 31 -
Item V-H. 1. g.
PUBLIC HEARING
PLANNING
ITEM # 32623 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of March, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 32 -
Item V-H.i.h.
PUBLIC HEARING
PLANNING
ITEM # 32624
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Fentress, City
Council DEFERRED INDEFINITELY an Ordinance upon application of WILLIAM K. AND
BETTY L. WIDGEON for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAM K. AND BETTY
L. WIDGEON FOR A CONDITIONAL USE PERMIT FOR A PLANT
NURSERY
Ordinance upon application of William K. & Betty L.
Widgeon for a Conditional Use Permit for a plant
nursery on the north side of Holland Road, west of
Princess Anne Road. Said parcel is located at 2728
Holland Road and contains 3.149 acres. More
detailed information is avialable in the Department
of Planning. PRINCESS ANNE BOROUGH
This application was DEFERRED as the applicant was not in attendance.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 33 -
Item V-H.l.i.
PUBLIC HEARING
PLANNING
ITEM # 32625
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-08971, represented the
applicant
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
ADOPTED an Ordinance upon application of WILLIAMS CORPORATION OF VIRGINIA for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WILLIAMS CORPORATION
OF VIRGINIA FOR A CONDITIONAL USE PERMIT FOR
FILLING A BORROW PIT RO3901295
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Williams Corporation
of Virginia for a Conditional Use Permit for
filling a borrow pit on the west side of
Centerville Trunpike, 1600 feet more or less north
of Kempsville Road. Said parcel contains 89.8
acres. More detailed information is available in
the Department of Planning. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The borrow pit filling operation will be operated
in a dust free manner.
2. Operating hours shall be 7:00 a.m. until 7:00 p.m.,
Monday through Saturday. No Sunday operation shall
be permitted.
3. Undrained pockets and stagnant pools resulting from
surface drainage shall be sprayed in accordance
with requirements of the State Board of Health to
eliminate breeding places for mosquitoes and other
insects.
4. In accordance with the City's current Master Street
and Highway Plan, a right-of-way dedication will be
required along the entire Centerville Turnpike
frontage to provide for an ultimate six lane
divided arterial with bikeway and scenic easement.
A variable width right-of-way dedication is
required.
5. Right and left turn lanes are to be installed on
Centerville Turnpike before the beginning of the
filling operation. Additional right-of-way
dedications may be required for the installation of
these turn lanes.
6. The subdivision of the subject site into
residential lots, as shown on the conceptual plan,
is not approved with this application.
7. Only inert, non-toxic materials shall be deposited
on this site.
March 26, 1990
- 34 -
Item V-H. 1.i.
PUBLIC HEARING
PLANNING
ITEM # 32625 (Continued)
8. The property adjacent to the antennae farm is to be
conveyed back to that owner.
9. During the hours of operation, the owner shall
provide and maintain a full-time, on-site Inspector
to inspect the trucks and maintain a daily log to
verify only inert, non-toxic materials have been
deposited on this site.
10. These reports, when requested by the City, shall be
submitted for review.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
sixth of March, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 35 -
Item V-H.1..j.
PUBLIC HEARING
PLANNING
ITEM # 32626
The Honorable Moody (Sonny) Stallings, represented the applicant
A MOTION was made by Councilwoman McClanan, seconded by Councilwoman Henley to
DENY an Ordinance upon application of JDH/LBS, a General Partnership, for a
Change of Zoning District Classification from AG-2 to B-1.
Upon SUBSTITUTE MOTION by Councilman Perry, seconded by Vice Mayor Fentress,
City Council DEFERRED for six months until the City Council Meeting of
September 24, 1990, an Ordinance upon application of JDH/LBS for a Change of
Zoning District Classification:
ORDINANCE UPON APPLICATION OF JDG/LBS, A GENERAL
PARTNERSHIP FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-2 TO B-1
Ordinance upon application of JDG/LBS, a General
Partnership for a Change of Zoning District
Classification from AG-2 Agricultural District to
B-1 Neighborhood Business District on certain
property located on the nrotheast side of Princess
Anne Road, 1052 feet more or less northwest of
Glebe Road. Said parcel contains 1.74 acres. More
detailed information is available in the Department
of Planning. PRINCESS ANNE BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, John D. Moss,
and Mayor Meyera E. Oberndorf
Council Members Absent:
None
March 26, 1990
- 36 -
Item V-H. 1.k.
PUBLIC HEARING
PLANNING
ITEM # 32627
The Honorable Moody (Sonny) Stallings, represented the applicant and advised
the applicant has requested a "flag lot". The applicant is not requesting the
curb cut on General Booth Boulevard at the present time.
Upon motion by Councilwoman McClanan, seconded by Councilman Perry, City
Council APPROVED the application of BOOTH HILL JOINT VENTURE for a Variance to
Section 4.4(b) of the Subdivision Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for Booth Hill Joint
Venture. Property is located on the west side of
General Booth Boulevard, 450 feet more or less
north of Dam Neck Road. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Dedication of appropriately sized scenic and
controlled access easements along the frontage on
General Booth Boulevard.
2. Trees shall remain as a buffer along rear of said
property.
3. Approval of a Reconsideration of Conditions request
by City Council is required on that portion of this
subdivision with the B-2 Community Business
District Zoning pending.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Reba S. McClanan,
Mayor Meyera E. Oberndorf, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, John D. Moss and Nancy K. Parker
Council Members Absent:
None
March 26, 1990
- 37 -
item V-J.1.
NEW BUSINESS
ITEM # 32628
The City Manager advised correspondence and background information relative
SURFSIDE AT SANDBRIDGE had been forwarded to Members of City Council. Said
information is hereby made a part of the record.
Larry S. McBride, Regional Director of the State Water Control Board,
introduced Robert Goode, Supervisor of the Permit Section.
Mr. McBride advised a new application has just recently been received from
SURFSIDE AT SANDBRIDGE. There will be a lengthy review of said application,
followed by a PUBLIC NOTICE and a PUBLIC HEARING.
The State Water Control Board will make the ultimate decision regarding the
Permit either in their September or December Meeting. One of the conditions to
be placed in the permit, if granted, would be: "Upon availability of central
sewers, this project would tie into the sewer system." The applicant has agreed
to this condition.
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council:
AUTHORIZED the City Attorney and City Staff to
attend the June 1990 Public Hearing of the State
Water Control Board to oppose the issuance of a
VPDES permit for a proposed Sewerage Treatment
Works to serve Surfside at Sandbridge Campground
located in the City of Virginia Beach.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1990
- 38 -
Item V-J.2.
NE'~ BUSINESS
ITEM ~ 32629
P. Wade Kyle, Administrator - Solid Waste, advised the SPSA curbslde pllot
program has shown that it costs approximately $125 per ton to col I ect
recyclable materials door-to-door. At the present time it only costs
approximately $70 per ton to collect and dispose of garbage tn the City of
Virginia Beach.
Mr. Kyle recommended the City establish the recommended Bureau of Waste
Reduction in the Waste Management Division. This would not require any
additional funding and can be set up with existing vacant positions within the
Waste Management Division. Mr. Kyle further recommended that SPSA establish
with the assistance of each local ity, a series of very small drop-off centers
that could be contracted out to the private sector for complete operations or
staffed with SPSA personnel and contract out just the haul ing portion. These
centers could be strateglcally located that would not be detrlmental to
residential neighborhoods but also convenient to City residents. Mr. Kyle did
not bel leve the curbslde recycllng is cost/beneficial at the present time.
However, it could certainly be a further expansion of a drop-off recycllng
progr~a in the future.
City Council complimented the City Manager, Wade Kyle and Walter C. Kraemer,
Jr., relative their excellent and comprehensive review of the FY 1991 proposed
operating budget for the SOUTHEASTERN PUBLIC SERVICE AUTHORITY.
March 26, 1990
- 39 -
Item V-K. 1.
ADJOURNMENT
ITEM # 32630
Upon motion by Vice Mayor Fentress and BY CONSENSUS, City Council ADJOURNED the
Meeting at 9:50 P.M.
Hooks
Chief Deputy City Clerk
~uth Hodge~ Smith, CMC
City Clerk
Mayor
City of Virginia Beach
Virginia
March 26, 1990