OCTOBER 23, 2001 MINUTESCity of Virginia Beach
CITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS, JR., At-Large
LINWOOD 0 BRANCH, II!, Beach - District 6
MARGARET L. EURE, Centervdle - District 1
WILLIAM W HARRISON, JR, Lynnhaven - District $
BARBARA M HENLEY, Pnncess Anne - D~stnct ?
LOUIS R JONES, Bay$1de -Dtstrtct 4
REBA S McCLANAN, Rose Hall - District 3
ROBERT C MANDIGO, JR, Kempsvdle - D~tnct 2
NANCY K PARKER, At-Large
ROSEMARY WII.~ON, At. Large
JAMES K SPORE, Cgty Manager
LESLIE L UI!.EY,, C, ty Attorney
RUI7'I HODGES-SM177'I, MMC, City Clerk
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757)427.4304
FAX (757) 426-5669
EMAIL. Ctycncl~ctty vtrgmta-beach, va us
October 23, 2001
I. CITY MANAGER'S BRIEFINGS
- Conference Room-
I:00PM
A.
B.
CELL TOWERS
Robert J. Scott, Director of Planning
FINANCIAL RESULTS - FY 2001
Patricia A. Phillips, Director of Finance
11. CITY ATTORNEY'S BRIEFING
m.
A,
REDISTRICTING - reapportioment of City Council and School Board Residence Districts
Leslie L. Lilley, City Attorney
REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
3:30PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
FORMAL SESSION
- Council Chamber -
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
6:00 PM
B. INVOCATION:
Reverend Henry "Hank" William Brooks
Coastal Community Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
October 9, 2001
Go
AGENDA FOR FORMAL SESSION
Tire Consent,4geud~ will be detetntj~ daring tbe ~d~ Review SessJon ,~ttd coasidexe~ itt tlte
ordjtttty cotwse of badness by City CotmcJl to be enacted by one motion.
He
PUBLIC HEARINGS
1. VACATION OF EASEMENTS and QUITCLAIM re 2248 Hatton Street
2. SCHOOL REVERSION FUND AMENDMENT
I. RESOLUTION
.
Resolution re the City's COMMUNITY LEGISLATIVE AGENDA and requesting the
City's delegation sponsor and/or support this legislation during the 2002 Virginia General
Assembly.
Je
ORDINANCES
Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) easement
and the issuance of its contract obligations at Pungo Ferry Road:
(DISTRICT 7 - PRINCESS ANNE) (This ordinance for acquisition was rescheduled 10/9/01 due
to lack of six affirmative votes on 10/2/01)
(a) Gene G. Bright, David Bright, 63.33 acres $512,973
and Rosanne Ray (2001-40)
.
Ordinance re an Amendment to the Recorded Memorandum of Agreement between the City
and BRANWICK CORPORATE CENTER, LLC to allow for an extension of
construction deadlines.
w
Ordinance to authorize the City Manager to execute a Deed of Vacation and Quitclaim re
an impoundment, maintenance and access easement to property owned by Howard L. and
Victoria B. Porter at 2248 Hatton Street. (DISTRICT 5 - LYNNHAVEN).
.
Ordinance to authorize a temporary encroachment into a portion of the City's property
known as the Lake Gaston Pipeline right-of-way by GLOVER INDUSTRIES, LLC, to
construct and maintain a truck pad, access road and fence. (Greenville County)
..
Ordinance to authorize a temporary encroachment into a portion of the City's property
known as the Bowen River Subdivision by RICHARD S. and CHERLY L. HARRIS IH,
to construct a 2" sanitary force main, 2" water lateral, parking lot and sign in the city's
drainage easements and right-of-way at Holland Road and Darn Neck Road.
.
.
.
Ordinance to APPROPRIATE $1,800,000 of School vending operation revenue to the FY
2001-2002 School budget to support student activities and that School vending operations
be increased by like mount.
Ordinance to ACCEPT and APPROPRIATE a $149,600 grant from the Federal Emergency
Management Agency (FEMA) to the Fire Department's FY 2001-2002 operating budget re
support of Virginia Task Force No.2 search and rescue team and that estimated revenue be
increased accordingly.
Ordinance to APPROPRIATE certain funds from the General Fund to provide interest-free
loans:
a,
$50,000 to Court House / Redmill Volunteer Rescue Squad re the purchase of a
replacement ambulance, to be repaid in five (5) equal annual installments of
$10,000 each
b.
$72,000 to Ocean Park Vqlunteer Park ,re the purchase of a replacement ambulance,
to be repaid in five (5) equal annual installments of $14,500 each
$72,000 to Plaza Volunteer Rescue Squad re the purchase of a replacement
ambulance, to be repaid in four (4) equal annual installments of $18,000 each
·
d.
$28,000 to Chesapeake Beach Volunteer Rescue Squad re the replacement of the
station's roof, to be repaid in three (3) equal annual installments of $9,330 each
K.
PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session
Application of JESSUP CONSTRUCTION L.L.C./FOSTER J. MATTER for a
Variance to § 4.4(b) of the Subdivision ordinance which requires that all newly created lots
meet all requirements of the City Zoning ordinance (CZO), on the west side of Bray Road
on Lot 10, Lynnhaven Acres,
(DISTRICT 5 - LYNNHAVE~
Recommendation:
APPROVAL
,
Application of SAINT AIDAN'S EPISCOPAL CHURCH for a Conditional Use Permit
for a columbarium at the southeast comer of Edinburgh Drive and N. Lynnhaven Road
(3201 Edinburgh Drive), containing 3.566 acres.
(DISTRICT 5 - LYNNHAVE~
Recommendation:
APPROVAL
Application of BIRDNECK BUSINESS CENTER LLC, for a Conditional Use Permit for
an automobile repair facility, painting, restoration and storage area, on the west side of
South Birdneek Road, north of Bells Road (549 S. Birdneck Road), containing 4.962 acres.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
,
Application of TERRYfPETERSON RESIDENTIAL TEN, L.L.C. for a Change of
Zoning District Classification from AG-1 and AG-2 Agricultural Districts to R-10
Residential District on the north side of Princess Anne Road, east of Holland Road,
containing 31.5 acres.
(DISTRICT 2 - KEMPSVILLE)
Recommendation: APPROVAL
.
Applications of CHECKERED FLAG MOTOR CAR CO. at Clearfield Avenue and
Virginia Beach Boulevard (5225 Virginia Beach Boulevard):
(DISTRICT 2- KEMPS~LE)
a.
Change of Zoning District Classification from R-7.5 Residential District to
Conditional B-2 Community Business District, 1.45 acres
b. Conditional Use Permit for motor vehicle sales, 9.92 acres
Recommendation:
APPROVAL
.
Application of OCEAN BAY VENTURES, L.L.C. for a Change qfZoning District Classification
from I-1 Light Industrial and R-SD Residential Duplex to Conditional A-24 Apartment District
on the northwest comer of the Norfolk & Southern Railroad right-of-way and Cypress Avenue,
containing 2.89 acres more or less.
(DISTRICT 6- BEACH)
Deferred:
Staff Recommendation:
Planning Commission Recommendation:
OCTOBER 2, 2001
DENIAL
APPROVAL
.
Ordinances to AMEND the City Zoning Ordinance (CZO):
a.
§ 106: amending the requirements for appeals and variances to the Board of Zoning
Appeals (BZA)
b.
§ 111: add or delete certain definitions included in the ordinance: re alternative
discharging sewer treatment, approximated floodplain, coastal high hazard area,
flood insurance, floodplain, flood fringe, floodway, gross acreage, private sewage
treatment, private utilities, regulatory floodway, utilities (public or private) and
wetlands
Ce
§ 200: providing that certain wetland and floodplain areas not be included in
determining lot coverage and floor area ratio; and, amending the determination of
a zoning lot
do
{} 239.1' amending requirements and restrictions of private sewage treatment
facilities
e.
go
h.
§§ 402 & 405' amending dimensional requirements and altemative residential
development in AG-1 and AG-2
§ 507: amending dimensional requirements for residential zoning districts R-40
through R-SS, open space options and flex suite requirements
§ 1124: amending requirements for land use plans in PD-H2
§{} 4.4 & 6.1, add §§ 1.5 & 1.6: add design standards, plat requirements and
definitions of floodplain and wetland
§§ 1.10, 1.15, 4.4.B & 5.6.B, add §§ 1.17, 1.18, 4.1.B.16 and 4.1.B.17: add site plan
re~iuireaaeataand definitions of floodplain, wetlands, gross acreage and zoning lot
§ 5B: amend requirements for location of residential structures, filling floodplains
subject to special restrictions, establishing requirements for submission of floodplain
variance applications and performance standards pertaining to the granting of
floodplain variances
ko
m.
§ 4, add § 9 of the Stonnwater Management Ordinance and adding definitions for
"floodplain", "wetlands" and "design criteria"
§§ 103, 104 & 110 of the Chesapeake Bay Preservation Area Ordinance: amend the
definition of"nontidal wetlands," the area of applicability and plan of development process
§§ 4 & 8 of the Southern Watersheds Management Ordinance: add, amending design
criteria and definitions for floodplmn / nontidal wetlands
Recommendation:
APPROVAL
§502: reducing rear and side yard setback requirements for certain accessory structures in
all residential zoning districts, increasing rear yard setback requirements for duplex and
semidetached dwellings in R-SR, establishing a maximum limitation on impervmus surface
coverage for duplex and semidetached dwellings in the R-SR; and, including garages in the
determination of floor area ratio for duplex and semidetached dwellings in R-SR
Recommendation:
NO ACTION IS NECESSARY
(Due to lack of advertising)
L.
APPOINTMENT
SENIOR SERVICES OF SOUTHEASTE~ VIRGINIA- SEVAMP
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - September 2001
O. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
10/18/01slb
AGENDA\ 11/23/01
www vbgov.com
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~n~a Beach, V~rg~n~a
October 23, 2001
Vtce Mayor Wtlham D Sessoms, Jr, called to order the Ctty Manager's Briefing re CELL TOWERS tn
the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, October 23, 2001, at 1 O0 P M
Counctl Members Present
Margaret L Eure, Wtlham W Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Nancy K Parker
and Vtce Mayor ~dhams D Sessoms, Jr
Counctl Members Absent
Mayor Meyera E Oberndorf
Ltnwood 0 Branch, III
[Mayor parttctpattng tn the Mayors' Emergency
Safety and Securtty Summit tn Washington, D C
thru Thursday The Mayor ts Co-Chatrtng a
Sesston on Emergency Preparedness]
[Entered 1 30 P MI
Rosemary Wtlson
[Entered 2 05 P M/just returntngfrom Chamber
of Commerce Inter-regional Vtstt (IR ti) as
requested by Mayor]
-2-
CITY MANA GER 'S BRIEFING
CELL TOWERS
1:00 P.M.
ITEM #48 781
The Ctty Manager advtsed the Brtefing was scheduled as a request of Councd Lady Henley to provtde
tnformatton relattve the Ctty's pohctes concermng Cell Towers
Robert d Scott, Dtrector of Planntng, retterated the three (3) key points:
It does not appear posstble for Ctty Staff to predesttne or
predetermtne the sites of all the towers Vtrgtnta Beach and all
the locahttes are challenged to manage thts process tn the best
manner posstble
Through chscusston wtth Counctl Members Henley and Parker,
tt appears very posstble and advtsable to constder alternative
pohctes to those prevtously adopted It has been City Counctl's
tntent wtthm the pohcy to place as many users (co-locate) on
each tower as techntcally manageable Accordingly, the Ctty has
mtntmtzed the number of towers, however, they are taller Thts
has been, wtth Ctty Counctl's support, the tntent for a number of
years Numerous towers can also be co-located on one stte,
which would result tn more towers, but shorter ones
Geographtcally, tn some areas of the City thts mayprove a better
alternattve
The Ctty staff has revtewed the current Or&nance and has
determtned tt sttll feastble and does not requtre revtstng
Language contatned wtthtn the ordtnance encourages co-
locatton tn both senses prevtously dtscussed Stealth technology
could be carefully incorporated t e towers could resemble trees
or could be placed on flag poles Mtxed results have occurred
from thts type of technology
Mr Scott advtsed Councd Lady McClanan the Ctty has been minimizing the number of cell towers and
maximizing the users on each tower, whtch wtll probably conttnue to be approprtate tn many areas of the
Ctty However, the Ctty mtght wtsh to constder the approach of utilizing more towers on one site, which
results in shorter and less obtrusive towers.
Counctl Lady Parker advtsed apparently there are methods to create true stealth, where the tower does not
appear to be there The cell tower representattves are not opposed to co-operating wtth the City The matn
"trunk hne" appears to be estabhshed now because of the demand for usage As the technology ts changtng,
as tn vtdeo streammg whtch allows your telephone to do more than just a bastc call, there wtll be the
necesstty for more band wtdth, whtch mtght result tn even more towers (although dtfferent from what ts
utthzed today) CSA ts butldtng these towers Counctl Lady Parker dtstrtbuted tnformatton relattve thts
Stealth technology, whtch ts hereby made a part of the record
Mr Scott referenced tf the City Counctl ts tnchned to assume the stealth towers, then shorter towers wtll be
necessary If thts tower ts made to resemble a tree, typtcally the hetght of a tree ts 75-80' tall
Counctl Lady Henley advtsed the bastc fact ts tf there are seven (7) carrters tn the Ctty and all have the rtght
to serve the City equally Even the tall towers, which seem to conttnue to be 199-foot, [just under the 200-
foot hghted reqmrement], this may still only allow for three (3) carriers on thts pole Then each carrier has
its own technology, which may means a &fferent pattern of towers ts reqmred to cover the areas Even
though the Ctty cannot predtct what each carrter ts gotng to need, the Counctl must be aware and plan for
a broadposstbthty
Mr Scott advtsed the average hetght ts 140 to 150-foot range Counctl Lady Eure satd tt would depend
upon the locatton Counctl Lady Henley advtsed tf the Ctty ts deahng wtth shorter towers, then the abthty
to utthze the stealth technology extsts, however, tf the taller towers are utthzed, thts posstbthty does not
extst Stephen Whtte, Planntng, referenced a 90-foot tower wtll work Mr Scott satd the Ordtnance would
not have to be amended Counctl Lady Henley referenced the provtders need to be aware of the Ctty's
pohctes tn order to plan thetr systems In the past, the tall towers have blended tn well wtth the tndustrtal
areas, but they are not acceptable tn the more open agrtcultural areas
October 23, 2001
-3-
CITY MANA GER 'S BRIEFING
CELL TOWERS
ITEM g48781 (Continued)
Vtce Mayor Sessoms referenced the posstbthty of utthztng silos.
Councd Lady Henley advised the owners of silos have not been approached Water towers have been utthzed,
but thts took awhtle There ts less to work wtth tn the way of avatlable fttttngs tn the southern portton of the
City The one school tn the southern portton mtght wtsh to utthze the "hghtpole" type as other schools have
done It ts not a questton of whether or not the towers wtll extst, tt ts a questton of the manner tn whtch they
are handled
Counctl Lady Parker advised all the carrters seem to have a different "grid" pattern, based on the
technology utthzed
Mr Scott advtsed Vtce Mayor Sessoms there ts a pohcyfor the towers to be removed, after one [1] year tf
they are no longer utthzed
Counctl Lady McClanan referenced the horrendous towers on 1-264 wtth weed patches surroundtng them
Mr Scott satd the Vtrgtnta Department of Transportatton {VDOT] has placed these on thetr property and
the Ctty does not have any jurtsdtctton relattve thetr locatton or appearance
The industry needs to be aware of the Ctty's needs If Ctty Counctl concurs, tn select areas of the Ctty where
approprtate, the City staff wtll brtng a sertes of apphcattons to City Council In cases near restdenttal
development, other areas that are senstttve from the vtew , the stealth concept could be uttltzed The
industry has been very co-operattve
October 23, 2001
-4-
CITY MANA GER 'S BRIEFING
FINANCIAL RESUL TS - FY 2001
l:27 P. M.
ITEM g48 782
Patrtcta Phtlhps, Dtrector of Ftnance, advised the June 30, 2001 Ftnanctal Results (unau&ted)
General Fund
Revenues exceeded Budget
Expen&tures less than Budget
Fund Balance exceeds 82-1/2% pohcy by $1 5-MILLION
GENERAL FUND REVENUES
For Fiscal Year Ended June 30 2001 (in millions)
Unaudited
Budget Actual Variance % Change Over
Prior Year Actual
Local Revenue $ 558 7 $ 559 8 $1 1 3' 9%
Revenue- State 52 6 52 0 ( 6) (1 1)%
Revenue -Federal 16 1 16 0 ( !) 6 9%
Total General $ 62 7 4 $ 62 7 8 $ 4 3 7%
Fund Revenues
Total revenues exceeded budget by $0.4-MILLION, or 3. 7% over Fiscal Year 2000. Personal property
tax revenue exceeded budget by $3.7-MILLION, but only ~ percent greater than FY2000 actual revenue
Real estate taxes were less than budget by $1. I-MILLION; however, they were 4. 6 % greater than FY2000
actual revenue. General Sales Taxes were down slightly from budget, but still a healthy 3.9%, which is
better than year 2000, but still did not make projections. The Hotel Taxes exceeded budget by only
$300,000, but still were 4.6% greater than last year, but is down from the year 2000, when it was 6%
~reater.
GENERAL FUND
Summary of Expenses
June 30, 2001 (in millions)
Unaudited
Budget Actual Variance
Ctty Expenses $ 427 8 $ 414 7* $13 1
School Expenses 208 2 200 ! 8 1
CIP Expenses from
Fund Balance
City CIP (6/30/00)
School CIP (6/30/00)
Total Expenses
95
116
$657.1
95
116
$6359
$212
General Fund Balance
Current Pohcy ss based on next year's debt servtce Debt service has been dechntng as a % of budget
In the future, debt servtce wtll rtse wtth major project financtng
Generally, rating agencies use revenues as the measure to evaluate
Fund Balance ss at 9 9% of Revenue, whtch ss more tn hne wtth the
recent past
Currently evaluattng a change tn Pohcy based on % of Revenues
October 23, 2001
-5-
CITY MANA GER 'S BRIEFING
FINANCIAL RESUL TS- FY 2001
ITEM #48 782 (Conttnued)
GENERAL FUND
Undesignated Fund Balance
June 30, 2001 (in millions) Unaudited
Unau&ted Total Fund Balance June 30, $ 95 5
2001
Less Reservattons and Designations
Encumbrances $ 7 2
Loans, Prepatds 9 5
Mounted Patrol 7
Boat Tax Approprtatton for FY 02 1 0
Mental Health 2 6
City CIP - 2001 - 2002 1 2
School Revenue Sharing &
Approprtattons
Undestgnated Fund Balance
Less Fund Balance Pohcy - 82 5%
Amount Above Pohcy
109
33 1
62 4
60 9
$ 15
Results 2000 - 2001
School Operating Fund
Revenues less than budget
Expen&tures less than budget
Reverston Amounts $10. 9-MILLION
SCHOOL OPERA TING FUND
Statement of Revenues, Expenses and Encumbrance for
Fiscal Year Ended June 30, 2001 (in millions)
Unaudited
Budget Actual
Revenues
Ct~v
$ 208 2
$ 200 1
Variance
$(8 1)*
Local 54 1 54 1 0 0
From Commonwealth 200 1 197 7 (2 4)
From Federal
Government
Total Revenues
97
$ 472 1
$ 380 9
Expenses
105
$ 462 4
$376 1
Instruction
Admtntstratton,
Attendance & Health
169 148
Puptl Transportatton 22 7 21 2
63 5
$ 484 0
622
$ 474 3
Operations &
Maintenance
Total Expenses &
Encumbrances
$(97)
$48
21
15
$97
*Reverston Amount
October 23, 2001
-6-
CITY MANA GER 'S BRIEFING
FINANCIAL RESUL TS - FY 2001
ITEM #48 782 (Continued)
The current Pohcy ss to provtde the Schools 53.13 %of the following revenues: Real Esmte Taxes, Personal
Property Taxes, Utility Taxes, General Sales Taxes, Business License Revenues, Franchise Fees, Cellular
Telephone Taxes As a result of Ctty Counctl's Pohcy, the City will reserve $10.09-MILLION for the
Schools of which $4.8-MILLION was previously appropriated for the Schools 2002 CIP
The Ctty Manager advtsed recommendattons concermng the economy will be brought back to Ctty Council
tn two weeks, [November 6, 2001]
October 23, 2001
-7-
CITY MANA GER 'S BRIEFING
REDISTRICTING - REAPPORTIONMENT OF City Council and School Board Residence Districts
1:43 P.M.
ITEM g48 783
The City Attorney advtsed the County of Princess Anne merged with the old City of Virginia Beach
January 1, 1963, whtch brought forward a new electoral system, challenged tn its early stages between
1963-67. After several court appearances, the Untted States Supreme Court approved the "7-4 plan" tn
1967 Thts Plan conststed on an II-Member plan, wtth one member rest&ng tn each of the seven (7)
htstortcal Boroughs of the Ctty These Boroughs dtd not have restdency requtrements and were not equally
populated They conststed bastcally of the six (6) magisterial districts of Princess Anne County, with the
seventh being the old Town of Virginia Beach The plan also tncluded four (4) members of City Council
to be elected at large without residency requirements All members were elected by all the voters The
Mayor and Vtce Mayor were selected by the tnchvtdual Ctty Counctl Members In 1987, as a result ora Ctty
Counctl formed study commtsston on local government, the 7-4 Plan was modified wtth the Mayor betng
chrectly elected by the restdents The first election was in 1988. In 1995, the Ctty's Charter for the electron
system was amended to dtvtde the Ctty into seven (7) Districts of equalpopulation One member is to reside
in each of the seven Districts; three (3) members, considered At Large, have no residency requirements
and the Mayor is directly elected by the residents of the City. The General Assembly dtrected the Ctty to
bom a Referendum tn May of 1996 to determtne whether Ctty Council Members wouM be elected by etther
a Ward system or an At-Large system In 1996, the vote was 26,572 and favored an At-Large voting system
with 13,921favoring a Ward system In May 1998, the At Large system was tmplemented and the May
1998 electron reftected thts new system Therefore, thts system has been tn extstence for two electrons 1998
and 2000 The names of the Dtstrtcts were changed In 2000, wtth the census, a new scenarto began The
dtstrtcts are requtred to adjust thetr boundartes conststent wtth the new boundartes The redtstrtcttng
process began wtth recetpt of the census figures tn Spring 2001 Stnce June, the redtstrtcttng mformatton
has been posted on the Ctty's Webstte and a sertes of pubhc brteftngs commenced
June 27, 2001
July 18, 2001
Salem High School
Bayside High School
Informatton was thstrtbuted concerntng propostng a rethstrtctingplan Packets were placed tn the Itbrartes
Mr Ktmball Brace, Prestdent of Electron Data Servtces and our Consultant, was available to both Ctty
Counctl Members and residents to draw redtstrtcttng plans or cite proposals
July 18- 19
August 20 - 21
A sertes ofpubhc &scusstonsfocustng on proposedplans were scheduled
September 5, 2001
September 6, 2001
September 12, 2001
September 13, 2001
Ocean Lakes High School
Cox High School
Kempsville High School
Tallwood High School
Ctty Counctl commenced tts formal constderatton wtth Public Hearings
October 2, 2001
October 9, 2001
Even after recetvtng the Rechstrtcttng Plans on October Ninth, Mr Brace was sttll avatlable to meet wtth
Counctl and the ctttzens on October 26 and 17, 2001 Ctty Counctl's dtrectton to focus on a parttcular Pan
ts necessary Prtor to City Counctl's choostng a plan, thetr constderatton requtres advertising of the date
once a week for two consecutive weeks Once a Plan is chosen, it must be submitted to the United States
Department of Justice. A sixty (60) day pre-clearance process is required. As of January First, candidates
for May election may file petitions. The Ctty Attorney ts strtvtng to brtng thts process to ftnaltzatton by
January First, however, there have been delays which may alter his scheduled plan
October 23, 2001
-8-
CITY MANA GER 'S BRIEFING
REDISTRICTING - REAPPORTIONMENT OF City Council and School Board Residence Districts
ITEM ~18 783 (Continued)
Mr Ldley corrected misstatements of ctttzens during the Pubhc Heartng process
28 of 40 Virginia cities have At-Large voting systems.
11 cities use a combination of a Ward and At-Large Seats or
Ward only seats.
All but 8 towns elect their membership At-Large.
The Composite Plan, whtch was formulated to &splay all comments, is avatlable but Mr Ltlley wtshed to
reference the specific Redistricting Plans submitted
Eure/Mandigo Plan: Attempted to create easdy recogmzable boundaries
tn the Kempsvtlle/Centervtlle Dtstrtcts byfollowtng major htghways where
everposstble Thts plan bastcally "fed off' the Compostte Plan (Bastc 7-4
Plan)
Pembroke Manor Civic League The Ctvtc League made several changes,
however the prtme focus was to keep the Pembroke Manor ClvlC League
along wtth Aragona Village prtmartly tn the Baystde District, a boundary
hne change to preserve the communtttes of tnterest (Bastc 7-4 Plan)
GrovelandPark Civic League Thts ts a boundary change The Plan moves
a specific area, whtch ts south of Groveland Park near Vtrgmta Beach
Boulevard, tnto the Lynnhaven Dtstrtct Thts area was prevtously tn the
Rose Hall Dtstrtct There are some other proposed boundary changes
Thts was to preserve the "communtttes of interest" by changtng major
boundartes utthztng Vtrgtnta Beach Boulevard (Bastc 7-4 Plan)
(The three aforementtonedplans can be combtned The Pembroke Manor and Eure/Mandgo Plans are easdy
combined Dtrectton ts requtred on the Groveland Park Ctvtc League Plan There are some stgntficant
changes from the Beach Dtstrtct movtng porttons into Lynnhaven The Communtty ts also spht along
General Booth Boulevard to the east Approxtmately 1,000 restdents are tnvolved tn this change to the Rose
Hall Dtstrtct.
Louis Jones Alternative A coordtnated boundary between Kempsvdle and
Baystde It tncorporates the Pembroke Manor Civic League change,
however, not the Groveland Park change It does matntatn the
Eure/Mandtgo Boundary between Kempsvtlle and Centervtlle (Bastc 7-4
Plan)
The Ctty Attorney beheved all four of these Plans could be combtned Relattve mtnortttes
Dtstrtct 1 43%
Dtstrtct 3 41%
Directton ts necessary tf Ctty Council wtshes to combtne these Plans Mr Brace referenced the Rose Hall
Dtstrtct does contatn the htstortc "Rose Hall" home wtthtn and thts ts betng proposed to be moved tnto
Lynnhaven
Henry Ryto Plan The boundartes are stgntficantly dtfferent t e the Beach
area The mtnortty populatton ts 36% tn Dtstrtct 1 and 44 8% tn Dtstrtct
3 Ftve members of Ctty Counctl would be tn Dtstrtct 6, tncludtng
incumbents tn the Lynnhaven and Beach Dtstrtcts There are also two (2)
partngs of School Board members (Kempsvdle/Rose Hall and Lynnhaven
and Beach) Thts Plan sphts the following communtttes Fatrfield, Ktngs
Potnt, Prtncess Anne Plaza and Aragona
Community Coalition for a Better Virginia Beach (Rudy Wilson) l l-
Smgle-Member Dtstrtct Plan thts ts prtmartly concerned wtth the advance
of Mtnortty Vottng rtghts It would requtre a Charter Change and there ts
no provtston for the electron of the Mayor contatned wtthm thts plan The
staff has advtsed the Coahtton, however, a proposal for electron of the
Mayor has not been recetved This plan was the prtmary subject of the
October Second and Ntnth Pubhc Heartngs
CITY MANA GER 'S BRIEFING
October 23, 2001
-9-
CITY MANA GER 'S BRIEFING
REDISTRICTING - REAPPORTIONMENT OF City Council and School Board Residence Districts
ITEM g48783 (Continued)
Henry Ryto Plan 2 10 &ngle-Member Dtstrtct Plan, concerned wtth
minority voting rights The following dtstrtcts reflect mtnortty populattons
District 1 48 %
District 2 21.6%
District 3 28.3 %
District 4 25.4 %
District 5 10. 7%
District 6 35.1%
District 7 21.4%
District 8 31.1%
District 9 3 7. 9 %
District 10 46.2 %
Counctlman Harrtson stated he does not support a Single-Member District ,or Ward Plan, and hopes
lessons have been learned from other ctttes tn the State functtontng wtth these Plans Councilman Harrtson
wtshed the dtscusston hmtted to the Louis Jones Alternative and the Henry Ryto Proposal (At-Large plans)
However, the Ryto proposal makes many dramattc changes as sphtttng Lynnhaven and Baystde tn 'half and
creattng a new Dtstrtct The Louts Jones alternattve accomphshes the Eure/Jglandigo concern and the
concerns of the Pembroke Manor Civic League
Mr Brace advtsed, tn the Louis Jones Alternative, there ts a shght change along Princess Anne Road tn
the Prtncess Anne Dtstrtct Bypulhng Pembroke from Lynnhaven, thts results tn shght rotattons of Dtstrtcts
These changes were only to even out populatton The City Attorney wtll analyze the boundartes and advtse
Counctl Lady Henley whtch communtttes are spht Counctl Lady McClanan advtsed there are shght changes
to the boundaries of the Rose Hall District both to the west and to the northwest The City Attorney advised
the tntent tn drawtng the Plans ts to keep communtttes together A prtntout of the percentages for thts
Alternative wtll be prepared and dehvered to City Council
As the Justtce Department wtll be prtmartly examtntng mtnortty representatton, Counctl Lady Henley
tnqutred tf the Plans were a couple of thousand off m the optimum level of populatton, she would rather have
thts occur than communtttes spht Mr Brace advtsed as long as the mtnortty representatton stays wtthtn
5% above and 5% below, there would be no problem meettng the Department of Justtce crtterta Thts has
been utthzed tn otherjurtschcttons to reflect communtttes
Counctl Lady Wtlson advtse she worked very hard wtth the Community Coalition for a Better Virginia
Beach relattve a compromtse and they were sttll tnststent upon the stngle-member Ward type system The
mtnortty populatton rose from 21% to 31% tn the Ctty durtng the last ten years
Counctlman Jones advtsed both the Pembroke Meadows and Pembroke Manor Ctvtc Leagues feel very
strongly about both of thetr dtstrtcts betng tn the Baystde area They had never been satisfied stnce thetr
spht tn 1998 Counctlman Jones met wtth Counctlman Man&go and he has been very cooperattve
Counctl Lady Eure concurs wtth Councilman Jones' Plan.
Councilman Mandtgo advtsed the ctttzens are comfortable wtth an At-Large vottng mechantsm as they can
vote for all members
Counctl Lady Parker advtsed the cost of runmng a campatgn has been so expenstve for the average person
and thts has been the frustratton tn attempttng to develop a Ward system or Stngle-Member Dtstrtct
Counctl Lady Henley advtsed the District Forum is Thursday, October 25tn and wtshed the areas addressed
whtch would be affected by the redistricting The Ctty Attorney will address these issues
The Ctty Attorney wtll meet wtth Counctl Members Henley and McClanan to fine tune the Louis Jones
Alternative (Council Plan). Prtnt outs of the Plan wtll be provtded The Ctty Attorney wtll meet wtth Dr
Hager relattve the overlap of the State Dtstrtcts and the Polhng Places whtch could result tn mtnor
refinements
October 23, 2001
-10-
AGENDA RE VIEW SESSION
2:30 P.M.
ITEM #48 784
I1
Resolution re the City's COMMUNITYLEGISLATIVE
AGENDA and requesting the City's delegation sponsor and/or
support this legislation during the 2002 V~rglnla General
Assembly.
Robert Matthtas, Assistant to the City Manager, advised two (2) changes tn Commumty Legislative agenda
tn the Transportation Section, the need for high speed rail was htghhghted for the southstde A request for
a study was also added for HRT to utthze technology
Counctl Lady Henley referenced the paragraph concermng the Magnettc Levttatton System (MA GL V), which
states the Council ts ready to enthusiastically support a MAGLEV System Council Lady Henley was not
positive she was tn support and has problems with that verbiage
Vice Mayor Sessoms concurred with Council Lady Henley's comments He and Council Member Parker
received criticism from fellow HRTmembers for mamtamtng thts posttton Council Lady Eure inquired when
thts posttton was taken by City Council City Council does not mind verbiage stating City Council's mterest,
but does not concur with the statement "enthusiastically supports"
Mr Matthtas advised City Council has shown interest tn purstng the MAGLEVproject, which seemed to be
a very attractive alternative to a traditional hght rail system
Councilman Harrison disagreed with the sentence "Councd beheves that any further funding of the Light
Rail System should be put on hold until the MAGLEVproject ts evaluated"
The followtng paragraph on Page 3 under Transportation shall be AMENDED, as follows
The City Council requests that additional funding be made available for
mass transit Mass transit tn Hampton Roads has lost funding necessary to
maintain a critical mass of services Funding must be provided to allow
Han&-Rtde to expand back to its previous service level and allow HRT to
reestabhsh rates that were tn existence on January 1, 2001 Coi, iiicil,'
................. -1 ...... YT~'~r~'_ -~'~'---~-- ~-- ~--7- .......
....... J ~I ........ ~1 ............ d T - -- 1_~ ~ __ I O- --~ ....... O-. _~1 .......... ~ - -- J- ~1- ..
Council Lady Parker referenced opposition to the Issue on Page d19
A pubhc contract may include provisions for modification of the contract
durtngperformance, but no fixed-prtce contract may be mcreased by more
than twenty-five percent of the amount of the contract or $450,000,
whichever ts greater, without the advance written approval of the Governor
or his designee, tn the case of state agencies, or the governing body or the
chief executive officer or his designee tn the case of pohttcal subdivision
In no event may the amount of any contract without adequate consideration
be increased for anypurpose including, but not hmtted to, rehef of an offer
or from the consequences of an error tn Its bid or offer
Patncta Phdhps, Director of Finance, advised, at the present time, any contract, up to twenty-five percent
[25%] can be changed without coming to City Council This will provide more flextbthty to the City
Manager The Governor has this abthty at the state level This ts an administrative Issue
The Pubic Forum scheduled for October 17, 2001, at 5 O0 P M, at the Pavthon, was Chaired by Council
Lady Rosemary Wilson with a General Assembly Liaison moderating Council Lady Wilson advised the
attendees at the Forum were very enthusiastic Due to requests, the staff promised future Forums will be
scheduled earher Council Lady Wilson referenced a suggestion of a "people mover"
October 23, 2001
-II-
AGENDA RE VIEW SESSION
ITEM ~48784 (Continued)
The Chatrman of the School Board has requested an item be tnserted relattve the SOL's being graded at the
local level. Councd Lady Wdson requested Chatrman Edwards forward thts stem to Mr Matthtas for the
Community Legislative Agenda.
Counctl Lady McClanan requested some stems, such as Public Safety tssues, should be evaluated by the
Ctty Attorney Vtce Mayor Sessoms advtsed the smaller our Legtslattve Package, the more successful we
have been tn support from the Legtslators to get legtslatton adopted at the General Assembly
Thts stem wtll be DEFERRED, BY CONSENT, untd the Ctty Councd Sesston of November 6, 2001 Ctty
Councd wtll advtse Mr Matthtas of thetr tndtvtdual concerns before Frtday, October 2~h, so they can be
completed for November {~h Agenda
ITEM ~18 785
J1
Ordinance to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (ARP) easement and the tssuance of tts
contract obhgattons at Pungo Ferry Road (DISTRICT 7 -
PRINCESS ANNE) (This ordinance for acquisition was
rescheduled 10/9/01 due to lack of six affirmative votes on
10/2/01)
(a) Gene G Brtght, Davtd Brtght, 63 33 acre $512,973
and Rosanne Ray (2001-40)
Council Members Eure, McClanan and Wilson will vote a VERBAL NAY
ITEM g48 786
,I2
Ordtnance re an Amendment to the Recorded Memorandum of
Agreement between the Ctty and BRANWICK CORPORA TE
CENTER, LLC to allow for an extenston of constructton
deadhnes
Council Lady Eure wtll vote a VERBAL NAY She feelsjusttfied tn her vote relattve the extenston change
of constructton from Aprtl 11, 2002 to November 11, 2002 There were problems wtth thts apphcant
prevtously Counctlman Harrtson will ABSTAIN as hts law firm provtdes legal servtces
ITEM g48 78 7
J30rdtnance to authorize a temporary encroachment tnto a
portton of the Ctty 's property known as the Lake Gaston Ptpehne
rtght-of-way to GL 0 VER INDUSTRIES, LL C, to construct and
mamtatn a truck pad, access road and fence (GREENVILLE
COUNTY)
Counctl Lady McClanan expressed concern and wondered tf thts encroachment ss located where the
netghbors might object Clarence Warnstaff, Dtrector of Pubhc Works, advtsed thts area ss hght mdustrial
wtth hghted ratlroad tracks, two extsttng commerctal type operattons, and there are no restdences tn close
proxtmtty
Mr Warnstaff advtsed Counctlman Harrison approxtmately etghteen (18) months ago, the Ctty granted
Glover Industrtes, Inc an aertal easement A conveyor belt was constructed tn order to load thetr product
tnto the ratlroad cars Stnce that ttme, the apphcant has recogntzed there ss a need to offload the matertal
from railroad cars and a mechantsm ss reqmred The prtmary goal of the City ts to protect the ptpehne
October 23, 2001
- 12-
AGENDA RE VIEW SESSION
ITEM g48 788
.15 Orchnance to authortze a temporary encroachment tnto a
portton of the Ctty's property known as the Bowen Rtver
Subdtvtston by RICHARD S. and CHERL Y L. HARRIS III, to
construct a 2" santtary force matn, 2" water lateral, parktng lot
and stgn tn the Ctty's dramage easements and rtght-of-way at
Holland Road and Dam Neck Road
Mr Lawson &strtbuted a ptctortal descrtptton of the stgn as per Councd Lady McClanan's request
ITEM # 48 789
B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA:
RESOLUTION
I1
Resolutton re the Ctty's COMMUNITYLEGISLATIVE
AGENDA and requesttng the Ctty's delegatton sponsor and/or
support this legislation durtng the 2002 Vtrgtnta General
Assembly
ORDINANCES
J1
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (ARP) easement and the tssuance of tts
contract obhgattons at Pungo Ferry Road (DISTRICT 7 -
PRINCESS ANNE) (This ordinance for acquisition was
rescheduled 10/9/01 due to lack of six affirmative votes on
10/2/01)
(a) Gene G Brtght, Davtd Brtght,
and Rosanne Ray (2001-40)
63 33 acre $512,973
d 20r&nance re an Amendment to the Recorded Memorandum of
Agreement between the Ctty and BRANWICK CORPORA TE
CENTER, LLC to allow for an extenston of construction
deadhnes
,13
Ordtnance to authortze the Ctty Manager to execute a Deed of
Vacation and Quitclaim re an tmpoundment, matntenance and
access easement to property owned by Howard L. and Victoria
B. Porter at 2248 Hatton Street (DISTRICT 5 - L YNNHA VEN)
J4
Ordtnance to authortze a temporary encroachment tnto a
portton of the Ctty 's property known as the Lake Gaston Ptpehne
right-of-way to GLOVER INDUSTRIES, LLC, to construct and
matntatn a truck pad, access road and fence (GREENVILLE
COUNTY)
J5
Ordtnance to authortze a temporary encroachment tnto a
portton of the Ctty's property known as the Bowen Rtver
Subdtvtston by RICHARD S. and CHERL Y L. HARRIS III, to
construct a 2" samtaryforce matn, 2" water lateral, parktng lot
and sign tn the Ctty's dratnage easements and rtght-of-way at
Holland Road and Dam Neck Road
Or&nance to APPROPRIATE $1,800,000 of School venchng
operatton revenue to the FY2001-2002 School budget to support
student activities and that School vendtng operattons be
tncreased by hke amount
October 23, 2001
-13-
AGENDA RE VIEW SESSION
ITEM g48789 (Continued)
Ordtnance to ACCEPT and APPROPRIATE a $149, 600 grant
from the Federal Emergency Management Agency (FEMA) to
the Ftre Department's FY 2001-2002 operattng budget re
support of Virginia Task Force No. 2 Search and Rescue Team
and that esttmated revenue be increased accordtngly
d 80rdtnance to APPROPRIATE certatn funds from the General
Fund to provtde tnterest-free loans
$50,000 to Court House/Redmdl Volunteer Rescue Squad re the
purchase ora replacement ambulance, to be repatd tn.five (5)
equal annual tnstallments of $1 O, 000 each
$72,000 to Ocean Park Volunteer Park re the purchase of a
replacement ambulance, to be repatd tn five (5) equal annual
installments of $14, 500 each
$72,000 to Plaza Volunteer Rescue Squad re the purchase of a
replacement ambulance, to be repaid tn four (4) equal annual
tnstallments of $18, 000 each
$28,000 to Chesapeake Beach Volunteer Rescue Squad re the
replacement of the statton's roof, to be repaid tn three (3) equal
annual tnstallments of $9,330 each
Item I 1 wdl be presented for DEFERRAL, BY CONSENT, untd the Ctty Councd Sesston of November
6, 2001
Councd Members Eure, McClanan and Wdson wdl vote a VERBAL NAY on Item J 1
Councd Lady Eure wtll vote a VERBAL NAY on Item J.Z
Councdman Harrtson will ABSTAIN on Item J2 as hts law firm provtdes legal servtces
October 23, 2001
-14-
AGENDA RE VIEW SESSION
ITEM # 48 790
K4
Apphcatton of TERRY/PETERSON RESIDENTIAL TEN,
L.L.C. fora Change of Zonmg Dtstrtct Classtficatton from AG-1
and A G-2 Agricultural Districts to R-10 Residential District on
the north side of Prtncess Anne Road, east of Holland Road,
contatnmg 31 5 acres (u~o~uu ~ ~ - ~v~ or l~/UlOllUU l
7 - P~CESS A~E)
Counctl Lady Henley advtsed thts ts wtthtn the Prtncess Anne Dtstrtct and she cannot support thts
apphcatton due to the traffic congestton on thts road
Thts ttem wtll be &scussed durtng the FORMAL SESSION
ITEM # 48 791
K 5 Apphcatton ofOCEANBA Y VENTURES, L.L.C. for a Change
o_f Zontng Dtstrtct Classt_ficatton from I-1 Light Industrial and
R-5D Residential Duplex to Conditional A-24 Apartment
District on the northwest corner of the Norfolk & Southern
Ratlroad rtght-of-way and Cypress Avenue, contatntng 2 89
acres more or less (DISTRICT 6- BEACH)
Thts ttem wtll be chscussed durtng the Formal Sesston
ITEM # 48 792
K 70rdtnances to AMEND the Ctty Zomng Ordtnance (CZO)
a 3~ 106 amending the reqmrementsfor appeals and vartances to the
Board of Zomng Appeals (BZA)
3~111 add or delete certatn defimttons tncluded tn the ordinance
re alternattve chschargtng sewer treatment, approxtmated
floodplatn, coastal high hazard area, flood tnsurance, floodplam,
flood frmge, floodway, gross acreage, prtvate sewage treatment,
prtvate uttlittes, regulatoryfloodway, utthttes (pubhc orprtvate)
and wetlands
3~ 200 providing that certatn wetland and floodplatn areas not
be included tn determtntng lot coverage and floor area ratto,
and, amending the determtnatton of a zomng lot
d 3~ 239 1 amending requtrements and restrtcttons ofprtvate
sewage treatment facthttes
e 3%~ 402 and 405 amending dtmenstonal requtrements and
alternattve restdenttal development tn AG-1 and AG-2
507 amending chmenstonal requtrements for restdenttal
zontng chstrtcts R-40 through R-5S, open space options and flex
sutte requirements
g 3~ 1124 amending requtrementsfor land useplans tn PD-H2
h 3%~ 4 4 and 6 1, add 3%~ 1 5 and 1 6 add design standards, plat
reqmrements and defimttons of floodplatn and wetland
3%~1 10, 1 15, 44Band5 6 B, add 3~ l 17, 1 18, 4 1 B 16and
4 1.B. 17: add stte plan requtrements and defintttons of
floodplatn, wetlands, gross acreage and zontng lot
October 23, 2001
- 15-
,4 GEND,4 RE VIE W SESSION
ITEM # 48 792 (Continued)
Jo
3~ 5B' amend requtrements for locatton of restdenttal
structures, filhng floodplatns subject to special restrtcttons,
establishtng requtrements for submtsston of floodplatn
vartance apphcattons and performance standards
pertatntng to the grantmg of floodplam vartances
3~ 4, add 3~ 9 of the Stormwater Management Ordtnance and
adding defintttons for "floodplatn ", "wetlands" and "destgn
crtterta"
~ 103, 104 and 110 of the Chesapeake Bay Preservation Area
Ordtnance amend the definttton of "nonttdal wetlands", the
area of apphcabthty and plan of development process
m
~ 4 and 8 of the Southern Watersheds Management Ordtnance
add, amen&ng destgn crtterta and defintttons for floodplain /
nonttdal wetlands
NO ,4CTION NECESSARY [due to a variation in the
advertising:
3~502 reducing rear and stde yard setback requtrements for
certatn accessory structures tn all restdenttal zontng dtstrtcts,
increasing rear yard setback requtrements for duplex and
semidetached dwelhngs tn R-5R, estabhshtng a maxtmum
hmttatton on tmpervtous surface coverage for duplex and
semtdetached dwelhngs tn the R-5R, and, tncludtng garages
tn the determmatton of floor area ratto for duplex and semt-
detached dwelhngs tn R-5R
Councd Lady Eure referenced (d) and tnqmred whether this prohibits the Pura FIo system The Health
Department allows thts system tf one meets the crtterta However, the presence of the Pura Flo system has
allowed certatn properttes to develop, whtch the staff was not counttng on betng developed The effect of thts
regulatton, generally, ts to place the rules as close as posstble to pre "Pura Flo" rules Mr Scott advtsed
the "Pura Flo" system ts an advance and whether or not the restdents can utthze thts system ts strtctly up
to the Health Department
Counctl Lady Wilson referenced correspondence concerntng transttton rules requesttng that such plans
accepted on or before this date may be resubmitted wtthtn 30 days of the date of issuance of the
"Dtsapproval Letter" In the event a Plan, whtch falls under the Transttton Rules, ts chsapproved by letter
on three occastons, the Stte Plan wtll then fall under the new Floodplain Regulattons
Counctlman Jones advtsed thts correspondence was tn reference to the &ebert Property Mr Scott advtsed
Transition Rules are requested Apphcants, who have moved forward under extsttng regulations, would hke
the opportuntty to conttnue thetr processtng under those extsttng regulattons Ctty Councd has done thts
wtth other regulattons tn the past and tt ts not an unreasonable request as long as due diligence and a good
faith effort are &splayed If Ctty Counctl concurs, an Ordtnance estabhshtng Transttton Rules can be
constdered Deputy Ctty Attorney Macah advised once City Counctl approves an Ordtnance, plans tn the
"ptpehne" submttted before that approval have to comply wtth the new ordtnance On a number of occastons,
Ctty Counctl has adopted Transttion Rules Mr Macah &strtbuted the proposed Transttton Rules
Mr Scott advtsed he was not aware of the spectfics of the &ebert case and how these regulattons affect thetr
apphcatton
The Ordinance to estabhsh Transttton Rules for Amendments re Floodplatns was dtstrtbuted and shall be
added to the today's Formal Agenda Deputy Ctty Attorney Macah advtsed thts Transttton Rule ordtnance
provtdes any type of plan submttted before the end of bustness today, but has netther been approved nor
dtsapproved, ts subject to the "old" regulattons If the plan ts chsapproved, the apphcant has 30 days from
the date of chsapproval to resubmtt and sttll be under the "old" regulattons. Mr Scott advtsed
approxtmately 4 or 5 stngle famtly homes, plus the Stebertproperty, has the potenttal to be' developed under
the old gutdehnes Counctl Lady Henley referenced Sectton 7 e -Sectton 402 and the absence of verbtage
relattve meet the requtrement so the 1982 Onstte Sewer Regulattons The Ctty staff shall advtse Item 7 j
Sectton5 B, hne 31 wtll be changed to reflect "to a total footprtnt"
October 23, 2001
-16-
AGENDA RE VIEW SESSION
ITEM # 48 792 (Continued)
Councdman Harrsson referenced stem 7n as not besng advertssed correctly and being advertssed for
November 27, 2001 Councdman Harrison snqmred tf thss stem could be scheduled for November 6, 2001
Councdman Harrison advssed thss Or&nance effects the North End and the ressdents there are saasfied wsth
the 400 square foot garage The Planmng Commsssson &d not feel 400feet was large enough for a 4-car
garage, but tf there ss an mchnaaon for 400 square feet, Mr Scott advssed thss stem had been adverased
wsth the "400feet" and he beheves the adverasement ss proper ShouM Csty Councd dessre to conssder
thss wsth "400feet", st could be done today
Councdman Harrison would hke to be present when thss stem ss conssdered and he wdl not be present
November T&rteenth Councdman Harrison would hke to bring thss matter forward as soon as possible wsth
all flaws being corrected Vsce Mayor Sessoms advssed thss ss an extremely controverssal stem and the
Lynnhaven Representaave, Councdman Harrison, should be sn attendance Mr Harrison asked that thss
stem be scheduled for adverasmg to be heard November 2 7, 2001
Charles G Hassen, Development Servsces Coor&nator, chstrsbuted snformatson from a local attorney
concermng clossngs on property relatsve disclosure of properties in the floodplain These &~cuments provsde
nottficaaon of the floodplasn, an agreement sn whsch the lender states the buyer must have flood snsurance
to protect the snvestment, notsce to the borrower of property that ss sn a flood hazard area, a wasver of flood
snsurance and physscal surveys Notes are contasned on these surveys sndscatsng whether or not thss
property ss sn a flood hazard area There are many spectfics relatsve flood snsurance and locatson of
property Mr Hassen cautsoned thss snformatson ss provsded tf the buyer ss utdszsng a len&ng snststuaon
Thss snformatson wsll not be seen, if the sndsvsdual pays cash or borrows the funds from another sndsvsdual
unless thesr attorney ss handhng the clossng and carefully scrutsntzsng these sssues Fsnancsal snststutsons
demand a phystcal survey
ITEM # 48 793
BY CONSENSUS, the followsng shah compose the PLANNING BY CONSENT AGENDA:
K 1 Apphcatson of JESSUP CONSTRUCTION L.L.C./FOSTER J.
MATTER for a Varsance to 3~ 4 4(b) of the Subchvssson
Ordsnance whsch requsres that all newly created lots meet all
requsrements of the Csty Zomng Ordsnance (CZO), on the west
ssde of Bray Road on Lot 10, Lynnhaven Acres, (DISTRICT 5 -
£ r vTVHA rEN)
K2
K3
K5.
Apphcation of SAINT AIDAN'S EPISCOPAL CHURCH for a
Condstsonal Use Permit for a columbarium at the southeast
corner of Edsnburgh Drsve and N Lynnhaven Road (3201
Edsnburgh Drsve), contasmng 3 566 acres
(DiStRIct 5- £ YNNHA VEN)
Apphcatson of BIRDNECK BUSINESS CENTER LLC, for a
Con&tsonal Use Permst for an auWmobile repair facility,
painting, restoration and storage area, on the west ssde of South
Bsrdneck Road, north of Bells Road (549 S Bsrdneck Road),
contasnsng 4 962 acres
(DISTRICT 6- BEA CH)
Apphcatsons of CHECKERED FLAG MOTOR CAR CO. at
ClearfieM Avenue and Vsrgsnsa Beach Boulevard (5225 Vsrgsnsa
Beach Boulevard)'
(DISTRICT 2 - KEMPSVILLE)
Change qf Zomng District Classtficatson from R- Z 5 Residential
District to Conditional B-2 Community Business District, 1 45
acres
b Conchtsonal Use Permstfor motor vehicle sales, 9 92 acres
October 23, 2001
-17-
AGENDA RE VIEW SESSION
ITEM # 48793 (Continued)
K 70r&nances to AMEND the City Zomng Ordtnance (CZO)
e 3q 106 amending the requtrementsfor appeals and vartances to the
Board of Zomng Appeals (BZA)
~111 add or delete certain defintttons tncluded tn the ordtnance
re alternattve chschargtng sewer treatment, approxtmated
floodplatn, coastal htgh hazard area, flood insurance, floodplain,
flood frtnge, floodway, gross acreage, private sewage treatment,
prtvate utthttes, regulatory floodway, utthttes (pubhc orprtvate)
and wetlands
3~ 200 providing that certatn wetland and floodplatn areas not
be tncluded tn determining lot coverage and floor area ratto,
and, amending the determtnation of a zoning lot
d 3~ 239 1 amending requirements and restrtcttons ofprtvate
sewage treatment facthttes
e 3%~ 402 and 405 amending dtmenstonal requtrements and
alternattve restdenttal development tn AG-1 and AG-2
507 amending dtmenstonal requtrements for restdenttal
zontng dtstrtcts R-40 through R-5S, open space opttons and flex
state requtrements
g ~ 1124. amending requtrementsfor land useplans tn PD-H2
h 3%~ 4 4 and 6 1, add ~3~ 1 5 and 1 6 add destgn standards, plat
requtrements and defimttons of floodplatn and wetland
3%~110, l15, 4 4 B and 5 6 B, add 3%~ l17, l l 8, 41B16 and
4 1 B 17 add stte plan requtrements and defintttons of
floodplatn, wetlands, gross acreage and zomng lot
m
3~ 5B' amend requtrements for locatton of restdenttal
structures, filhng floodplams subject to spectal restrtcttons,
estabhshtng requtrements for submtsston of floodplatn
vartance apphcattons and performance standards
pertamtng to the granttng of floodplam vartances
3~ 4, add 3~ 9 of the Stormwater Management Ordtnance and
adding defintttons for "jToodplatn ", "wetlands" and "destgn
crt terta"
~3~ 103, 104 and 110 of the Chesapeake Bay Preservatton Area
Ordtnance amend the definttton of "nonttdal wetlands", the
area of apphcabthty and plan of development process
3%~ 4 and 8 of the Southern Watersheds Management Ordtnance
add, amendtng destgn crtterta and defimttons for floodplatn/
nonttdal wetlands
Item K 7e d and k wtll be ADOPTED, BY CONSENT, AS REVISED.
ITEM # 48 794
Counctlman Branch requested the APPLICATION OF PAUL CLOWN FOR A CONDITIONAL USE
PERMIT FOR A RESIDENTIAL MULTIPLE FAMILY DWELLING (3 restdenttal umts) (Dtstrtct 5 -
LYNNHAVEN) (Lost to a negative vote - October 2, 2001), be SCHEDULED and advertised for
RECONSIDERATION on November 27, 2001 Thts wtll be added under NEW BUSINESS
October 23, 2001
- IS-
CITY COUNCIL COMMENTS
3:27P. M.
ITEM It 48 795
Counctl Lady McClanan was very tmpressed wtth Vtrgtnta Beach City Schools results on the Standards of
Learning Tests (SOLs). Counctl Lady McClanan requested Dr Jenney and the School Board provtde an
assessment
Vtce Mayor Sessoms advtsed the Five Year Forecast wtll be presented jotntly wtth the School Board tn
November ,4 Resolution in Recognition relattve the excellent SOL results will be presented durtng thts
meeting
ITEM # 48 796
Counctlman Harrtson referenced the Mayor's request to constder movtng the Councilmanic Election date
from May to November asked that thts be constdered durtng the Redistrictingprocess Vtce Mayor Sessoms
requested the Councilmanic Election be dtscussed durtng the Informal Session of November 6, 2001
ITEM # 48 79 7
Counctl Lady Parker referenced the Town Center and the issue concermng the garage cost allocatton There
ts &sagreement and a meettng has been scheduled between the Ctty Manager and ,4rmada Hoffler Counctl
Lady Parker requested the Ctty ,4ttorney also attend thts meettng The Ctty Manager advtsed the Ctty
,4ttorney always attends all meetings relattve the Town Center
ITEM # 48 798
Counctlman Man&go referenced a request from one of the Cay's members relattve deducttng war bonds
from the employee's compensatton, once the Congress dectdes to tssue same
Patrtcta Phtlhps, Dtrector of Ftnance, advtsed payroll deducttons for Savtngs Bonds are currently betng
made The staff has tnqmred wtth the Savings Bond representattve whether war bonds, when avatlable,
could be utthzed
A promotton ts betngplanned to support andpromote Savtngs Bonds tn the nextpaypertod At thepresent
ttme, the staff ts not certatn whether or not there will be any tssue of war bonds
October 23, 2001
- 19-
ITEM # 48 799
Vtce Mayor Wtlham D Sessoms, Jr, called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Buddtng, on Tuesday, October
23, 2001, at 3 30 P.M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wdhams D Sessoms, Jr
and Rosemary Wdson
Councd Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 20-
ITEM # 488OO
Vice Mayor l/Vtlham D Sessoms, Jr entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of l/'trgtnta, as amended, for the followmg purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, assignment, appotntment,
promotion, performance, demotion, salartes, &sctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Section 2 1-344 (A) (1)
To Vgtt Appotntments
Boards and Commtsstons
Sentor Servtces of Southeastern l/'trgtnta
Vtrgtnta Beach Communtty Development Corporatton
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhc purpose, or of the &sposttton
of pubhcly-held real property, where &scusston tn an open meettng
would adversely affect the bargatntngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Taylor Farms Assoctates L L C v Ctty of Vtrgtma Beach
Zehmer Property - Sandbrtdge
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatntng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtston of legal advtce by counsel pursuant to Sectton 2 1-344(A)(7)
Re&strtcttng
Taylor Farms Assoctates L L C v City of Vtrgtma Beach
Wtlham L Pully, Sr v Ctty of Vtrgtnta Beach, Sergeant Zucaro and R Wtn
Sentara Enterprtses v Ctty of Vtrgtma Beach and Phthp J Kellam
Upon motton by Counctlman Branch, seconded by Counctl Lady McClanan, City Counctl voted to proceed
tnto CLOSED SESSION.
Vottng 10-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, Jr
and Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
(Time of Closed Session: 3:30 P.M. to 5:45 P.M.)
October 23, 2001
- 21 -
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
October 23, 2001
6:00 P.M.
Vtce Mayor Wtlham D Sesoms, Jr called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL tn the Counctl Chamber, City Hall Budding, on Tuesday, October 23, 2001, at 6 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vice Mayor Wdhams D Sessoms, Jr
and Rosemary Wtlson
Councd Members Absent
Mayor Meyera E Oberndorf
INVOCATION
Reverend Henry "Hank" Wdham Brooks
Coastal Commumty Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
October 23, 2001
Item VI-E
- 22 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48801
Upon motton by Councdman Branch, seconded by Councd Lady Wdson, Ctty Councd CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meetmg
requtrements by Vtrgtnta law were discussed tn Closed Sesston to which
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convenmg the Closed Sesston were heard, &scussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 10-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wdhams D Sessoms, Jr anti
Rosemary Wdson
Councd Members Voting Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 48800, page 20, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
R~th Hodges ~'mith~-MMC
City Clerk
October 23, 2001
Item VI-F. 1.
- 23 -
MINUTES
ITEM # 48802
Upon motton by Counctlman Harrison, seconded by Counctlman Branch, Ctty Counctl APPROVED the
Mtnutes of the INFORMA£ AND FORMAL SESSIONS of October 9, 2001
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, Jr and
Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 24 -
Item VI-G.I.
ADOPT.4 GENDA
FOR FORMAL SESSION
ITEM # 48803
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
The followtng ttems were ADDED
Ordtnance to estabhsh "Transttton" rules for Amendments re Floodplatns
SCHEDULED for RECONSIDERATION, PA UL C. LOWN apphcatton
for Condtttonal Use Permtt (3 restdenttal umts) at Urchm Road/Ocean
Avenue (Dtstrtct 5 - L YNNHA VEN)
October 23, 2001
- 25 -
Item VI-H. 1.
PUBLIC HEARING
TEM # 48804
Vtce Mayor Sessoms DECLARED A PUBLIC HEARING:
VACATION OF EASEMENTS AND QUITCLAIM re 2248 Hatton Street
There betng no speakers, Vtce Mayor Sessoms CLOSED THE PUBLIC HEARING
October 23, 2001
- 26-
Item VI-H.2.
PUBLIC HEARING
ITEM # 48805
Vtce Mayor Sessoms DECLARED A PUBLIC HEARING
SCHOOL REVERSION FUND AMENDMENT
There betng no speakers, Vtce Mayor Sessoms CLOSED THE PUBLIC HEARING
October 23, 2001
Item VI-I~&
-27-
RESOL UTION/ORDINANCES
ITEM # 48806
Upon motion by Counctlman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl APPROVED IN
ONE MOTION, Resolutton 1 (DEFERRED)/Or&nances 1, 2, 3, 4, 5, 6, 7 and 8a/b/c/d o.[ the CONSENT
AGENDA.
Item I 1 wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of November 6, 2001
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, l, Vtlltam W Harrtson, .Ir,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, .Ir, Nancy K Parker, Vice Mayor Wdham D Sessoms, dr and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
Counctl Members, Eure, McClanan and }Vtlson voted a VERBAL NAY on Item J.I.(ARP-BRIGHT)
Counctl Lady Eure voted a VERBAL NAY on Item J. 2. (BRANWICK)
Councilman Harrtson ABSTAINED on Item J. 2 (BRANWICK), as hts law firm provtdes legal servtces
October 23, 2001
- 28 -
Item VI. 1.
RESOLUTION
ITEM # 48807
Upon motton by Councdman Harrtson, seconded by Council Lady Eure, Ctty Counctl DEFERRED unttl
the Ctty Counctl Sesston of November 6, 2001
Resolutton re the Ctty's COMMUNITY LEGISLATIVE AGENDA and
requesttng the Ctty's delegation sponsor and/or support thts legtslatton
durtng the 2002 Vtrgtnta General Assembly
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, .Ir,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlltam D Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 29 -
Item VI-J. 1.
ORDINANCES
ITEM # 48808
Upon motton by Counctlman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Or&nance to AUTHORIZE the acqutsttton of Agrtcultural Reserve.
Preservatton (ARP) easement and the tssuance of tts contract obhgattons
at Pungo Ferry Road (DISTRICT 7 - PRINCESS ANNE) (This ordinance
for acquisition was rescheduled 10/9/01 due to lack of six affirmative
votes on l O/2/OD
(ay Gene G Brtght, Davtd Brtght,
and Rosanne Ray (2001-40)
63 33 acre $512,973
Vottng 7-3 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III,, Wtlham W Harrtson, Jr, Barbara M Henley;
Louts R Jones, Robert C Man&go, Jr, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
Margaret L Eure, Reba S McClanan and Rosemary Wdson
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $512,973
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WHEREAS, pursuant to the Agricultural Lands Preservation
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
material terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Office) for the
acquisition of the Development Rights (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described in Exhibit B of the
Installment Purchase Agreement for a purchase price of
$512,973; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and in compliance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The City Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and r~asonable and in furtherance of the purposes of
the Ordinance, and the City Manager or his designee is hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 5.10%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the City to fund
such unpaid principal balance; provided, however, that such
rate of interest shall not exceed 7.10% unless the approval of
the City Council by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his designee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions which do not materially
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the City
to, and attest same on, the Installment Purchase Agreement.
The City Council expressly authorizes the incurrence of the
indebtedness represented by the issuance and delivery of the
Ins~alimen~ Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Finance Act of 1991 and hereby
66
constitutes the indebtedness a contractual obligation bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 23rd day of October , 2001.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8230
wmm\brightpfrorn, wpd
R-1
August 24, 2001
77
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APPROVED AS TO CONTENT:
Agriculture Department
APPROVED AS TO LEGAL
Law Department
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CERTIFIED AS TO AVAILABILITY OF FUNDS:
Director ~Fi~ancev - %,
AGRICULTURAL RESER PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-40
SU1VIMARY OF MATERIAL TERMS
SELLER: Gene G. Bright, David Bright, and Rosanne Ray
PROPERTY LOCATION: Pungo Ferry Road
PURCHASE PRICE: $512,973
EASEMENT AREA: 63.33 acres, more or less
DEVELOPMENT POTENTIAL: 8 single-family dwelling building sites (8 acquired, 0 reserved
for future development)
DURATION: Perpetual
INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase
price, but not less than 5.10% (actual rate to be determined when STRIPS are purchased prior to
execution of Installment Purchase Agreement). Rate may not exceed 7.10% without approval of
City Council.
TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years fi.om IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery of IPA.
ARP Boundary Line
Under
Consideration
Bright Family
- 30-
Item VI-J.2.
ORDINANCES
ITEM # 48809
Upon motion by Counctlman Harrtson, seconded by Counctl Lady Eure, City Counctl ADOPTED
Ordtnance re an Amendment to the Recorded Memorandum of Agreement
between the Ctty and BRANWICK CORPORA TE CENTER, LLC to allow
for an extenston of constructton deadhnes
Votmg 8-1 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham
D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
Margaret L Eure
Counctl Members Abstatntng
Wtlham W Harrison, Jr
Counctl Members Absent
Mayor Meyera E Oberndorf
Counctlman Harrtson ABSTAINED as hts law firm provtdes legal servtces for BRANWICKASSOCIA TES
October 23, 2001
1
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AN ORDINANCE TO APPROVE AN
AMENDMENT TO THE RECORDED
MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF VIRGINIA BEACH AND
BRANWICK CORPORATE CENTER LLC
WHEREAS, on July 11, 2001, Branwick Corporate Center LLC ("Branwick")
7 purchased from the City of Virginia Beach (the "City") certain parcels of real property containing
8 approximately 11.907± acres located on Bonney Road (the "Property")
WHEREAS, on July 5, 2001, Branwick and the City entered into a Memorandum of
10 Agreement (the "MOA") which outlined Branwick's post-settlement obligations with regard to the
11 progress report to the City Manager and commencement of construction of the proposed office
12 building on the Property;
13
WHEREAS, the MOA was duly recorded in the office of the Clerk of the Circuit
14 Court of the City of Virginia Beach in Deed Book 4458, at page 0178, in order to provide record
15 notice of Branwick's post-settlement obligations;
16
WHEREAS, the tragic events of September 11, 2001, have affected Branwick's
recruiting and development plans for the proposed office building as set forth in Branwick's letter
18 to the City Manager attached hereto as Exhibit A;
19
WHEREAS, Branwick's has requested an extension on its post-settlement obligations
pertaining to the progress report to the City Manager and commencement of construction of the
21 office building to address the economic impact of the events of September 11,2001, upon Branwick
9.9. and potential tenants of the office building;
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WHEREAS, the City staff has determined that Branwick's request is reasonable and
2 4 ~n the best interest of the City; and
25
WHEREAS, Branwick's request for an extension, will necessitate an amendment to
26 the recorded MOA.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
2 8 VIRGINIA BEACH, VIRGINIA:
29
1. That an Amendment to the Recorded Memorandum of Agreement between the
3 0 City and Branwick Corporate Center, LLC allowing an extension on the required dates for the
31 the progress report to the City Manager and commencement of construction of the office building
32 ~s hereby approved.
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2. That the C~ty Manager or his designee is hereby authorized to execute such
34 Amendment w~th the final wording thereof to be satisfactory to the C~ty Attorney.
35
3. That the approval of the Amendment to the Memorandum of Agreement be
36 conditioned upon (i) Branwmk's execution of the Amendment, and (11) and that the Amendment be
37 recorded in the Office of the Clerk of the Circmt Court of the City of Virgima Beach.
38
ADOPTED by the Council of the C~ty of Virgima Beach, Virginia, on the 23 day
39 of October ,2001.
Comment
The proposed Amendment to the recorded Memorandum of Agreement will grant Branwick
Corporate Center an additional six (6) months to provide the City Manager with a written progress report on
July 11, 2002 ( originally January 11, 2002) and to commence construction on November 11,2002 (originally
April 11, 2002). All other provisions of the Memorandum of Agreement shall remain in full force and effect.
APPROVED AS TO CONTENT
I~epartment of Eco~~t
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
CA-8264
F \Users\LTatem\WP\WORK\vv\branwmk2 ord wpd
R-I
0/09/01
Partnering For ~r.h ~o~c~ B ~,nuthwmk, }'re.~dcm & Lh~e~ F..xccutwe Officer
Iobn C Brogan, IV, P...xe~u~,ve Vine Pre~,dcnt & Chief Financial Officer
October l, 2001
Mr James K Spore, Ctty Maria,;er
Ca) of Vugrma Beach
Bmlchng 1, Mumc:pal Cente~
Vtrg~ma Beach.. VA 23462
Dear
ha hght of the tragm events sunoundmg September 11, 2001, the compames that we are having
dtscusslon$ wath regarding expansions and relocations have put their plans on hold. Th~s has had
an ob~uous ~mpact on om recrm~tmg and development pla.ns
In vaew of this, we request an extension of sxx (6) months on the development tamelme outlined in
our Agreerae~t
Develo_mnent Achv~ .ty
· S~te Plan Approval Expiration
* Project Update
, Commence Construcuon
Scheduled Dale
November 24, 200l To
January 11, 2002 To
April 11, 2002 To
May 24, 2002
July I 1, 2002
November 11, 2002
Obvmusly, as cucumstances permit, we will move forward prim to the cxtensmn dates
We apwecmte your consxderat~on and look forward to approval
Sincerely,
Robert B. Srruthwmk
RBS/bks
Copy Mr Donald L Maxwell, D~rector
Department of Econo~,fic Development
4571 Columbus Street. V~rg~nla Beach, Virginia 23462 · Phone (757) 490-0650. Fax. (757) 490-1964
TOTCL ~. ~2
- 31 -
Item VI-&$.
ORDINANCES
ITEM # 48810
Upon motton by Counctlman Harrison, seconded by Council Lady Eure, Ctty Counctl ADOPTED
Ordtnance to authortze the Ctty Manager to execute a Deed of Vacation
and Quitclaim re an tmpoundment, maintenance and access easement to
property owned by Howard L. and Victoria B. Porter at 2248 Hatton
Street (DISTRICT 5 - L YNNHA VEN)
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A DEED OF VACATION AND QUITCLAIM
CONCERNING AN IMPOUNDMENT AND MAINTENANCE
EASEMENT AND AN ACCESS EASEMENT RELATING TO
PROPERTY OWNED BY HOWARD L. PORTER, III AND
VICTORIA B. PORTER
WHEREAS, Howard L. Porter. III and Victoria B. Porter, husband and w~fe (the
"Owners"), are the fee simple owners of a parcel of land by that certain plat entitled "PLAT
3 SHOWING VARIABLE WIDTH IMPOUNDMENT AND MAINTENANCE EASEMENT AND
VARIABLE WIDTH ACCESS EASEMENT ON LOT 18, BLOCK 10, CAPE HENRY
5 SECTION G(M B. 7, p 142)" and duly recorded ~n the Clerk's Office of the C~rcuit Court
of the City of Virginia Beach, Virginia, in Map Book 226, at page 27 (the "Plat").
WHEREAS, by Deed of Easement, dated February 4, 1993, duly recorded ~n the
8 Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book
9 3200, at page 592, Owners' predecessor in btle dedicated to the City of Virginia Beach
3.0 (the "C~ty")a perpetual variable w~dth ~mpoundment and maintenance easement of
3.3. approximately 1,400 square feet or 0.032 acre and more fully described by the said Plat;
3.2
WHEREAS, by Deed of Easement, dated February 4, 1993, duly recorded ~n the
3.3 Clerk's Office of the Circuit Court of the City of Virginia Beach, V~rginia, in Deed Book
3200, at page 588, Owners' predecessor in title granted to the City a perpetual variable
3.5 width access easement of approximately 784.5 square feet or 0.080 acre and more fully
3.6 described by the sa~d Plat,
17
WHEREAS, the Owners have requested that the City vacate the aforesaid variable
3.8 width impoundment and maintenance easement and variable width access easement (the
3.9 "Easements"), all as shown on the aforesaid Plat, and
20
WHEREAS, it has been determined by the Department of Public Works that the
2 3. Easements to be vacated are in excess of the needs of the City.
22
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
23 VIRGINIA BEACH, VIRGINIA:
24
1 That the Easements to be vacated are in excess of the needs of the City and
25
are hereby vacated.
26
2 ? 2. That the City Manager is hereby authorized to execute a Deed of Vacation
28
29
and Quitclaim between the City of V~rginia Beach and Howard L Porter, Ill and
Victoria B Porter releasing the C~ty's interest in the Easements to be vacated
30
This ordinance shall be effective from the date of its adoption.
31
32
Adopted by the Council of the City of V~rginia Beach, V~rginia, on the ~. ~,-d
October , 2001.
day of
33
ca-8o83
34
PREPARED: 04/26/01
35
36
THE AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL MEMBERS OF THE CITY
COUNCIL IS REQUIRED.
37
38
39
40
Approved as to Content
merit of Public Worlds
Office of Real Estate
Approved as to Content
D~par~m-~nt of Public
~/orks
Approved as to Legal
Sufficiency
City Attorney
BOUNDARY, SmE[T~~O~ER LI~SHO~ ON ~'S PLAT.
~O)~mOR OF PEA~NI~G, Cl~ OF ~RGINIA BEACH, ~GINIA
APPRO~D~ ~~ O. ~.~__ DA~:
W~ ~DIRECTO~F ~UBLIC WoRks, c~ OF ~ROINIA BEACH, ~RGINIA
NO~S: F '
1. IMPOUNDMENT EASEMENT SHALL BE AVAILABLE FOR ~E REUNION OF STORM WA~RS
BE~EN ELEVA~ONS (ELEVA~ONS BASED ON U.S.O. A g. DA~M) 2.0 AND 4.0 INCLUSI~.
BANK SIDE SLOPES OF 3:1 SHALL BE MAINTAINED FROM ~E BOUNDARY OF ~E IMPOUND-
MENT AT ELEVA~ON 4.0 DO~ TO ELEVATION 2.0. NO AL~RA~ONS ~ATSOE~R OF
LAKE AND ITS BANK SIDE SLOPES ~IN THE LIMITS OF ~E IMPOUNDMENT EASEMENT IS
PERMI~D ~OUT ~E APPROVAL OF ~E ~RGINIA BEACH DEPAR~ENT OF PUBLIC WORI,
CI~ MAIN~NANCE SHALL BE LIMI~D TO ~AT REQUIRED FOR ADEQUA~ FLOW OF STORM
WA~R.
2. EASEMENTS TO BE DEDIOA~D BY DEED.
17
!
19 J 21
s....l. 3'09' E 50'
.. 40.00'
I"' J VARIABLE WIDTH IMPOUNDMENT
. ~ .1_ AND MAINTENANCE EASEMENT
~Jo ~ ~ . TO I~E DEDICATED TO THE CITY
~l~ ~ 8J OF ~R~,N,A BE^CH, ~R~N~A
"~'~. ~ ~ 0,~oo s~.~T, o~ o.o32 ACRE)
I w
,~_ / ,~o. oo' ..
O.oo.
,,., .~ ,g,,~,- o~,~
~\~' 40.00'
" N 13'09' W
HA1 TON (40')
S 13'09'00" ,
-.6.67'
N 76°51'00" E
VARIABLE WIDTH ACCESS EASEME!
-r'o /~E DEDICATED TO THE CITY
OF VIRGINIA BEACH, VIRGINIA
(784.5 SQ.FT. OR 0.0180 ACRE)
Z
I III
50' ' ' 43~ TO ----
CAPE HENRY DR.
STREET
PLAT SHOWING
VARIABLEWIDTH IMPOUNDMENT AND MAINTENANCE EASEMENT
-, AND
VARIABLE :WID~ "AOCESS EASEMENT
LOT 18, BLOCK 10, CAPE HENRY, SECTION O
Ac,- (M.B.7, P.142)
IAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA
SCALE: 1"=20' , OCTOBER 7, 1992
JOHN F_ SIRINE AND ASSOCIATES, LTD.
SURVEYORS 'ENGINEERS *PLANNERS
VIRGINIA BEACH, VIRGINIA
6
FEET
GRAPHIC SCALE GPIN NO. 1590-61
LOCATION MAP
SCALE :1" -- 1,600'
SITE MAP FOR
VACATION OF CITY EASEMENTS
fON PROPERTY OF'~~
HOWARD L. PORTER,~~ /
AND VICTORIA B. PORTER
\ SCALE: 1" -- 100' ~
PREPARED BY P/W ENG. DRAFT. 9/12,01
- 32 -
Item VI=J. 4.
ORDINANCES
ITEM # 48811
Upon motion by Counctlman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED
Or&nance to authortze a temporary encroachment tnto a portton of the
City's property known as the Lake Gaston Ptpehne rtght-of-way to
GLOVER INDUSTRIES, LLC, to construct and matntatn a truck pad,
access road and fence (GREENVILLE COUNTY)
The followtng conchttons shall be requtred
The temporary encroachment shall termtnate upon nottce by the
Ctty to the apphcant and, wtthtn thtrty (30) days after such
nottce ts gtven, the temporary encroachment must be removed
from the encroachment area by the apphcant and the apphcant
wtll bear all costs and expenses of such removal
The apphcant shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst all clatms, damages,
losses and expenses, tncludmg reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothing heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent specified herein, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the apphcant
4 The apphcant agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The apphcant shall obtatn and keep tn force all rtskproperty
tnsurance and general habthty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named insured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than Five Hundred Thousand
Dollars ($500,000), combtned stngle hmtts of such tnsurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days'written nottce to the Ctty prtor
to the cancellatton or termtnatton of, or matertal change to, any
of the tnsurance poltctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
The apphcant shall submtt for revtew and approval a survey of
the area being encroached upon, certtfied by a regtstered
professtonal engtneer or a hcensed land surveyor and/or "as
bmlt" plans of the temporary encroachment, sealed by a
regtstered professional engtneer, tf requtred by the Ctty
Engtneer's Office
No constructton acttvtty or placement of any structures or
facthttes wtthm Ctty property or easements ts to occur unttl the
Ctty has been provtded seven (7) days advance nottce
October 23, 2001
Item VI4.4.
- 33 -
ORDINANCES
ITEM # 48811 (Continued)
10
Constructton contractors wtll be tnstructed, by the apphcant, to
coordtnate wtth the Ctty's representattves wtth respect to
constructton acttvtttes, schedules and any means or methods that
may be necessary toprotect the City's Lake Gaston Ptpehne, "the
Ptpehne"
No loachngs greater than AASHTO HS 20 standard loadtngs wtll
occur over the Ptpehne or wtthtn twenty-five (25)feet of the
centerhne of the Ptpehne
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the apphcant and collect the cost tn any
manner provtded by law for the collectton of local or state taxes,
may requtre the apphcant to remove such temporary
encroachment, and, penchng such removal the Ctty may charge
the apphcant for the use of such portton of the Ctty's rtght-of-way
encroached upon the equtvalent of what would be the real
property tax upon the land so occupted tf tt were owned by the
apphcant, and tf such removal shall not be made wtthtn the ttme
spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum
of One Hundred Dollars ($100 00)per day for each and every
day that such temporary encroachment ts allowed to continue
thereafter, and, shall collect such compensatton and penalttes tn
any manner provtded by law for the collectton of local or state
taxes
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT ONTO A
PORTION OF CITY OWNED RIGHT OF WAY
AND RIGHT OF WAY EASEMENT KNOWN AS
THE LAKE GASTON PIPELINE RIGHT OF WAY
BY GLOVER INDUSTRIES, L L C, ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
9 VIRGINIA
10
That pursuant to the authority and to the extent thereof contained in Sections 15 2-
2009 and 15 2-2107, Code of Virginia, 1950, as amended, Glover Industries, L L C, its assigns and
successors in title are authorized to construct and maintain a temporary encroachment onto the City
13 owned right of way and fight of way easement known as the Lake Gaston P~peline Right of Way,
located in Jarrett, Virginia
15
That the temporary encroachment herein authorized is for the purpose of constructing
and maintaining a truck pad, rock access road and safety fence and that said encroachment shall be
17 constructed and maintained in accordance with the City of Virginia Beach Public UtiliUes
Department's specifications as to size, alignment and location, and further that such temporary
19 encroachment is more particularly described as follows
20
21
22
23
24
25
26
27
28
29
30
31
An area of encroachment into a portion of the City's
right of way and fight of way easement known as the
Lake Gaston Pipeline l*aght of Way as shown on the
certain plat entitled "SURVEY OF
ENCROACHMENT AREA FOR GLOVER
INDUSTRIES NOTTOWAY MAGISTERIAL
DISTRICT GREENSVILLE COUNTY,
VIRGINIA SCALE 1" = 80' APRIL 27, 2001
LEGAL REF.: D.B. 256 PG. 590 PLAT
REVISED: JUNE 5, 2001", a copy of which is
attached hereto as Exhibit "A" and to which reference
is made for a more particular description
32
PROVIDED, HOWEVER, that the temporary encroachment herein authorized shall
33
34
35
terminate upon notice by the City of Virginia Beach to Glover Industries, L L C, its assigns and
successors in title and that witlun thirty (30) days at~er such notice is given, said encroachment shall
be removed from the City's right of way and right of way easement at the rear of 230 South Allen
36
37
Road, Jarrett, Virginia and that Glover Industries, L L C, its assigns and successors in title shall bear
all costs and expenses of such removal
38
39
AND, PROVIDED FURTHER, that ~t is expressly understood and agreed that Glover
Industries, L L C, its assigns and successors in title, hereinafter referred to as Party of the Second
40 Part, shall indemnify and hold harmless the City of Virginia Beach, its agents and employees,
4 :t hereinafter referred to as City, from and against all claims, damages, losses and expenses including
reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the
4 3 location or existence of such encroachment
44
AND, PROVIDED FURTHER, that the Party of the Second Part agrees to maintain
said encroachment so as not to become unsightly or a hazard
46
AND, PROVIDED FURTHER, that no construction activity or placement of any
4 7 structures or facilities within City property or easement is to occur until City has been provided seven
48 (7) days advance notice
49
AND, PROVIDED FURTHER, that construction contractors will be instructed, by
5 0 the Party of the Second Part, to coordinate with City's representatives with respect to construction
51 activities, schedules, and any means or methods that may be necessary to protect City's Lake Gaston
52 pipeline
53
AND, PROVIDED FURTHER, that no loadings greater than AASHTO HS 20
54 standard loadings will occur over the pipeline or within twenty-five (25) feet of the centerline of the
5 5 pipeline
56
AND, PROVIDED FURTHER, that the Party of the Second Part agrees to carry
57 General Liability Insurance in an amount not less than $500,000 00 and have City named additional
58 insured
59
AND, PROVIDED FURTHER, that this ordinance shall not be in effect until such
60 time that an authorized officer of Glover Industries, L L C executes an agreement with the City of
Virginia Beach encompassing the aforementioned provisions
62
Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 3 day of
63 October ,2001
6 4 CA-8245
6 5 PREPARED 9-25-00
APPROVED AS TO CONTENTS
CT~ RE L EstATE AGENT
APPROVED AS TO LEGAL
SUFFICIENCY AND
CITY ATTORNEY¢
PREPARED BY VIRGINIA BEACH
CITY ATFORNEY'S OFFICE
EXEMlYI~D FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(aX3)
AND 58 1-811(¢X4) REIMBURSEMENT
ALrlTIORI7.ED UNDER SECTION 25-249
THIS AGREEMENT. made this Z/,st day of.~'¢? 7~m ~,/' , 200 I, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and GLOVER INDUSTRIES, L.L.C., ITS ASSIGNS AND SUCCESSORS IN
TITLE, "Grantee", even though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel
of land containing 2.127 Acres, designated and described as "230 South Allen Road,
Jarratt, Virginia 23867; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain a
truck pad, rock access road and safety fence for a chip mill, "Temporary Encroachment", in
Greenville County, Virginia; and
WHEREAS, in constructing and maintaining the Temporary Encroachment,
it is necessary that the Grantee encroach into a portion of an existing City of Virginia
Beach Right of Way and a City of Virginia Beach Right of Way Easement, utilized for
the Lake Gaston Pipeline, "The Encroachment Area", and the Grantee has requested that
the City permit a Temporary Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the
City doth grant to the Grantee permission to use The Encroachment Area for the purpose
of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will
be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as
shown on that certain plat entitled: "SURVEY OF
ENCROACHMENT AREA FOR GLOVER INDUSTRIES
NOTTOWAY MAGISTERIAL DISTRICT GREENSVILLE
COUNTY, VIRGINIA SCALE 1" = 80' APRIL 27, 2001
LEGAL REF.: D.B. 256 PG. 590 PLAT REVISED: JUNE 5,
2001" SHOWING ENCROACHMENT ONTO PROPERTY
AND EASEMENT OF CITY OF VIRGINIA BEACH TOWN
OF JARRATT NOTTOWAY MAGISTERIAL DISTRICT
GREENSVILLE COUNTY, VIRGINIA," a copy of which is
attached hereto as Exhibit "A" and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from The Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify
and hold harmless the City, its agents and employees, from and against all claims,
damages, losses and expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location or existence of the
Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain and
keep in force all-risk property insurance and general liability or such insurance as is
deemed necessary by the City, and aH insurance policies must name the City as additional
named insured or loss payee, as applicable. The Grantee also agrees to carry
comprehensive general liability insurance in an amount not less than $500,000.00,
combined single limits of such insurance policy or policies. The Grantee will provide
endorsements providing at least thirty (30) days written notice to the City prior to the
cancellation or temfination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to
the Temporary Encroachment.
It is further expressly understood and agreed that the Grantee must submit for
review and approval, a survey of The Encroachment Area, certified by a registered
professional engineer or a licensed land surveyor, and/or "as built" plans of the
Encroachment sealed by a registered professional engineer, if required by either the City
Engineer's Office or the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that no construction activity or
placemem of any structures or facilities within City property or easements is to occur until
the City has been provided seven (7) days advance notice.
It is fimher expressly understood and agreed that construction contractors will
be instructed, by the Grantee, to coordinate with City's representatives with respect to
construction activities, schedules, and any means or methods that may be necessary to
protect the City's Lake Gaston Pipelme, "the Pipeline".
It is fin'ther expressly understood and agreed that no loadings greater than
AASHTO HS 20 standard loadings will occur over the Pipeline or within twenty-five (25)
feet of the centerline of the Pipeline.
It is further expressly understood and agreed that the City, upon revocation
of such authority and permission so granted, may remove the Temporary Encroachment
and charge the cost thereof to the Grantee, and collect the cost in any manner provided
by law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the Grantee
for the use of The Encroachment Area, the equivalent of what would be the real property
tax upon the land so occupied if it were owned by the Grantee; and if such removal shall
not be made within the time ordered hereinabove by this Agreement, the City may impose
a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or
state taxes.
IN WITNESS WHEREOF, the said Glover Industries, LLC has caused this
Agreement to be executed in its corporate name and on its behalf by its president, and its
corporate seal to be hereto affixed and duly attested by its corporate secretary with due
authority by its board of directors. Further, that the City of Virginia Beach has caused
this Agreement to be executed in its name and on its behalf by its City Manager and its
seal be hereunto affixed and attested by its City Clerk.
APPROVED "e TO
LEGAL SUFFiCiENCY
(SEAL)
ATTEST:
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
City Clerk
/A~,P_P, OVED AS TO CONTENI'
SIGNA'I1J ~E
DEPARTMENT
(SEAL)
'e~et'ary
~~GLOVER IN~
CBri~ K. G~-~ve-~, President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit'
The foregoing instrument was acknowledged before me this
dayof
,2001, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing insmanent was acknowledged before me this
day of
, , , 2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
Notary Public
My Commission Expires:
STATE OF ~'~ 0~-,
O
CITY/C-Ob'tq-T¥ OF
to-wit:
The foregoing instrument was acknowledged before me this
,,~t5~ dayof
2001, by Brian K. Glover, President, on behalf of Glover Industries, LLC.
My Commission Expires:
lqotlry l~ublic
STATE OF ~Dt~',t~tl~ .... _
CITY/C~Y OF, ~?t~tuo.~ , to-wit:
The foregoing instrument was acknowledged before me this
day of
~ .... ,2001, by ll~/~t~ ~. ~//~ttt~ , Secretary, on behalf of Glover
Industries, LLC.
My Commission Expires:
6? 'Da ~,~ 't~'d
Z~
L_L]
Z ~::~ ~-~
w >
(j I ~ CFI-- ,~) W
Z '-~
w L~I <w o~
W
~_~o ..
>_ ]~ ~ nx W
W E~ F1ZW CZ
)tJVE' ,6~"/_£
I (81 'gd O[ '8'd 33S)
iI 3IJlOVd VlD~lO3D
I
- 35 -
Item VI-J.$.
ORDINANCES
ITEM # 48812 (Continued)
10
11
12
The apphcant shall connect wtth samtary sewer facthttes when
they become avadable, wtthtn the time sttpulated by the Ctty and
plans must be submttted to the Department of Pubhc Utthttes for
revtew
The temporary encroachment must conform to the mtntmum
setback requtrements as estabhshed by the ctty
The Ctty, upon revocation of such authortty and permtsston so
granted, may remove the temporary encroachment and charge the
cost thereof to the apphcant and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
requtre the apphcant to remove such temporary encroachment,
and, pendtng such removal, the Ctty may charge the apphcant for
the use of such portton of the Ctty's rtght-of-way encroached upon
the equtvalent of what would be the real property tax upon the
land so occupted tf tt were owned by the apphcant, and tf such
removal shall not be made wtthtn the time spectfied by the Ctty,
the Ctty shall tmpose a penalty tn the sum of One Hundred Dollars
($100 00) per day for each and every day that such temporary
encroachment ss allowed to conttnue thereafter, and, shall collect
such compensatton and penalttes tn any manner provtded by law
for the collectton of local or state taxes
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
i Requested by Department of Public Works
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO
A PORTION OF THE RIGHT-OF-WAY
OF HOLLAND ROAD AND THREE (3)
DRAINAGE EASEMENTS LOCATED
ADJACENT TO HOLLAND ON A
CERTAIN LOT, TRACT, OR PARCEL OF
LAND DESIGNATED AND DESCRIBED
AS PARCEL A 1.1 ACRE' BOWEN
RIVER SUBDIVISION (M.B 58, PG. 38)
BY RICHARD S. HARRIS III AND
CHERLY L. HARRIS, HUSBAND AND
WIFE, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE
16
WHEREAS, RICHARD S HARRIS III AND CHERLY L. HARRIS, husband
17 and wife, desire to construct and maintain 2" sanitary sewer force main into the City's rights-of-
way located at Holland Road approximately 164'+ North of the intersection of Dam Neck Road
19 and Holland Road and a 2" sanitary force main, 2" water lateral, parking lot, and sign on three
2 0 (3) City drainage easements located adjacent to Holland Road on the subject property.
21
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15 2-2107,
2 2 Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's
23 right-of-way and easements subject to such terms and conditions as Council may prescribe.
24
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
2 5 OF VIRGINIA BEACH, VIRGINIA:
26
That pursuant to the authority and to the extent thereof contained in §§ 15 2-2009
2 7 and 15 2-2107, Code of Virginia, 1950, as amended RICHARD S HARRIS III and CHERLY
28 L. HARRIS, husband and wife, their heirs, assigns and successors in t~tle are authorized to
2 9 construct and maintain a temporary encroachment for a 2" sanitary force main in the City's right-
3 0 of-way and a 2" sanitary force main, 2" water lateral, parking lot, and sign in three City drainage
31 easements as shown on the maps entitled: "EXHIBIT A" PROPOSED WATER LATERAL
32 ENCROACHMENTS INTO EXISTING PUBLIC DRAINAGE EASEMENT ALONG
33 HOLLAND ROAD APPLICANT: RICHARD S. HARRIS III & CHERLY L. HARRIS ·
34 SCALE 1"=50' GPIN: 1495-15-5131 · JUNE 12, 2001 · "EXHIBIT B" PROPOSED SAN
35 SEWER ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY OF HOLLAND ROAD &
36 DRAINAGE EASEMENTS APPLICANT' RICHARD S. HARRIS III & CHERLY L. HARRIS
37
SCALE 1"=50'' GPIN: 1495-15-5131 · JUNE 12, 2001 · "EXHIBIT C" PROPOSED
PARKING LOT ENCROACHMENTS INTO EXISTING PUBLIC DRAINAGE EASEMENTS
ALONG HOLLAND ROAD APPLICANT: RICHARD S. HARRIS III & CHERLY L.
40 HARRIS. SCALE 1"=50'. GPIN: 1495-15-5131. JUNE 12,2001. "EXHIBIT D"PROPOSED
SIGN ENCROACHMENT INTO EXISTING PUBLIC DRAINAGE EASEMENT ALONG
42 HOLLAND ROAD APPLICANT: RICHARD S HARRIS III & CHERLY L. HARRIS.
43 SCALE 1"=50" GPIN: 1495-15-5131 · JUNE 12, 2001," copies of which are on file in the
4 4 Department of Public Works and to which reference is made for a more particular description,
4 s and
46
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
4 7 subject to those terms, conditions and criteria contained in the Agreement between the City of
4 8 Virginia Beach and RICHARD S. HARRIS, III and CHERLY L. HARRIS, husband and wife,
4 9 (the "Agreement") which is attached hereto and incorporated by reference; and
SO
BE IT FURTHER ORDAINED that the City Manager or his authorized designee
is hereby authorized to execute the Agreement.
52
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
5 3 such time as RICHARD S. HARRIS, III and CHERLY L. HARRIS, husband and wife, and the
54 City Manager or his authorized designee execute the Agreement.
55
Adopted by the Council of the City of Vlrglma Beach, Virginia, on the 2 3rd day
56 of October ,2001.
57
58
CA- 8~a Cy
PREPARED September 20,2001
AP~A~OVED AS TO CONTENTS
03IGNAT~
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY~_a.~5:~ AND~ F~
CITY ATTORNEY
SITE
LOCATION MAP
//
//
//
//
//
//
C)
SCALE : 1" -- 1,600'
/.
\
.,,, \
1495-IS-St31
R¥ HEAVY TIMBER
~~~., ~.?~' LOCATION
%
t
%
%
%
I
MAP FOR
ENCROACHMENT
%
Rip,CHARD S. HARRIS sill &~
CHERLY L. HARRI
PIN 1495-15-5131
AGENDA BRJ'rr. DGN /MJ.S.
SCALE: 1" = 100' ,' ,
PREPARED BY PAN ENG. DRAFT. AUG. 29, 2001
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this 15th day of August, 2001, by and between the CITY
OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and RICHARD S
HARRIS III and CHERLY L HARRIS, husband and wife, THEIR HEIRS, ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", even though more than one
WITNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "PARCEL A. I 1 ACRE- BOWEN RIVER SUBDIVISION (M B 58,
PG 38)" and being further designated and described as GPIN 1495-15-5131, and
That, WHEREAS, it ~s proposed by the Grantee to construct and mmntain a 2" water
lateral, 2"sanitary force main, parking lot, and sign, "Temporary Encroachment", in the City of
Virginia Beach, and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as Holland
Road and three (3) City drmnage easements located adjacent to Holland Road on the subject
property, approximately 164'+ North of the ~ntersection of Dam Neck Road and Holland Road "The
Temporary Encroachment Area", and the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Areas
GPIN 1495-15-5131
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar
($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the C~ty doth
grant to the Grantee permission to use The Encroachment Area
for the purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment wall be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the
C~ty of Virginia Beach, and in accordance with the City's specffications and approval and ~s more
particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Areas as shown
on that certain plats entitled: "EXHIBIT A" PROPOSED WATER
LATERAL ENCROACHMENT INTO EXISTING PUBLIC
DRAINAGE EASEMENT ALONG HOLLAND ROAD APPLICANT.
RICHARD S. HARRIS III & CHERLY L. HARRIS SCALE 1"=50'
GPIN: 1495-15- 5131, "EXHIBIT B" PROPOSED SAN. SEWER
ENCROACHMENTS INTO PUBLIC RIGHT-OF-WAY OF
HOLLAND & EXISTING DRAINAGE EASEMENTS APPLICANT
RICHARD S. HARRIS III & CHERLY L. HARRIS SCALE: 1"=50'
GPIN: 1495-15-5131, "EXHIBIT C" PROPOSED PARKING LOT
ENCROACHMENTS INTO EXISTING PUBLIC DRAINAGE
EASEMENTS ALONG HOLLAND ROAD APPLICANT: RICHARD
S HARRIS III & CHERLY L. HARRIS SCALE: 1"=50' GPIN: 1495-
15-5131, "EXHIBIT D" PROPOSED SIGN ENCROACHMENT INTO
EXISTING PUBLIC DRAINAGE EASEMENT ALONG HOLLAND
ROAD APPLICANT: RICHARD S. HARRIS III & CHERLY L.
HARRIS SCALE: 1"=50' GPIN: 1495-15-5131," copies of which are
attached hereto to which reference is made for a more particular
description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after
the notice is given, the Temporary Encroachment must be removed from The Encroachment Area
by the Grantee; and that the Grantee will bear all costs and expenses of such removal
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment
It is further expressly understood and agreed that nothing here~n contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must submit and have
approved a traffic control plan before commencing work in The Encroachment Area
It is further expressly understood and agreed that the Grantee agrees that no open cut
of the PUBLIC roadway will be allowed except under extreme circumstances Requests for
exceptions must be subnntted to the Highway Operations Division, Department of Public Works,
for final approval
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as ~s deemed necessary by
the City, and all insurance policies must name the City as additional named insured or loss payee,
as applicable The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000 00, combined single limits of such insurance policy or policies The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or terrmnation of, or material change to, any of the insurance policies The
Grantee assumes all responsibilities and liabilities, vested or contingent, wath relation to the
Temporary Encroachment
It is further expressly understood and agreed that the Grantee connect with sanitary
sewer facilities when they become available, within the time stipulated by the City and that plans
must be subnutted to the Department of Public Utilities for review
It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as established by the City
It is further expressly understood and agreed that the C~ty, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes, may require the Grantee to remove the Temporary Encroachment, and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee, and
if such removal shall not be made within the time ordered hereinabove by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100 00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes
IN WITNESS WHEREOF, RICHARD S HARRIS III AND CHERLY L HARRIS,
the said Grantee has caused this Agreement to be executed by their signature and seal duly affixed
Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and
on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the C~ty Manager
(SEAL)
ATTEST
City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this ~ day of
2001, by
CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY
MANAGER
Notary Public
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this ~ day of
2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH
Notary Public
My Commission Expires
STATE OF
CITY/COUNTY OF , to-wit
The foregoing instrument was acknowledged before me this [/-~ day of
2001, by RICHARD S HARRIS III
Notary Public
My Commission Exp,res C'~ ~F~-~ C)\
STATE OF
CITY/COUNTY OF ., to-wit
The foregoing instrument was acknowledged before me this ]~ day of
2001, by CHERLY L HARRIS
Notary Pubhc
My C omrmssion Exp,res ~ ~ O ~
APPROVED AS TO
LEGAL SUFFICIENCY
APPROVED AS TO CONTENT
ST^T ^O NT
I--
7
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//
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//
-///
/
- 36-
Item VI-J. 6.
ORDINANCES
ITEM # 48813
Upon motton by Councilman Harrtson, seconded by Counctl Lady Eure, City Counctl ADOPTED
Ordtnance to APPROPRIATE $1,800,000 of School ven&ng operatton
revenue to the FY 2001-2002 School budget to support student activities
and that School vendtng operattons be tncreased by hke amount
Vottng 10-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor l, gtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
AN ORDINANCE TO THE SCHOOL VENDING
OPERATIONS SPECIAL REVENUE FUND
APPROPRIATE $1,800,000 OF NEW
REVENUE TO THE FY 2001-02 SCHOOL
OPERATING BUDGET OF TO SUPPORT
STUDENT ACTIVITIES AT EACH SCHOOL
SITE
10
WHEREAS, the School Operating Budget does not provzde
support to the individual schools for student activities, so that
all support for student activities is generated at the individual
11 school level; and
12
WHEREAS, the School Administration proposes that
13
14
15
$1,800,000 in anticipated additional revenue from a recently
approved centralized vending contract be appropriated by City
Council to the School Board to fund student activities at each
16 school site.
17
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA'
19
1. That $1,800,000 in estimated revenue from a
20 centralized vendmng contract is hereby appropriated to the School
21 Vending Operations Special Revenue Fund in the FY 2001-02 School
22 Operating Budget to provide funding for student activities at
23 each school site.
24
25
26
2. That revenue in the FY 2001-02 Operatmng Budget
provided from school vending operations is hereby increased by
SI,S00,000.
27
28
29
Adopted by the Council of the City of Vzrginia Beach,
Virginia, on the 23rd day of October , 2001.
30
31
Requires an affirmative vote by a majority of the members of City
Council.
32
33
34
35
CA-8279
OrdinkNONCODEkSchoolVendingOPSord.wpd
October 12, 2001
RI
36
37
38
39
Approved As to Content'
Management Services
Approved As To Legal
Sufficiency-
City Attorney
. SEP-27-2001 15:38
BUDGET DEVELOPMENT
757 4~7 8?3? P.03/04
IRGINIA BEACH
CITY PUBLIC
SCHOOLS
AHEAD OF THE CURVE
RESOL~ION REGARDING SCHOOL VENDING OPERATIONS FIIND
~REA$, the School Operating Budget does not provide supper! to the individual schools for student
activities; and
~REA. St ali support for studctit activities is generated at the individual school level; and
~t/'H~REASt die revenues from vending operations at each individual school goes to support student
activities in die schools; and
Vtr[~~AS~ the Administration explored centralized vending contracts in an effort to maximize the
revenues available to the schools to support student activities; and
~[]~RI~AS, the Administration has completed a procurement of a centralized drink vending operation;
'~nd
~/'[~~A$, the primary purpose of ~e procurement was to maximize the revenue available to the
schools for funding student activities at each school site; and
~/'H~R~AS, benefits of thc ccnt[alized vending contract in addition to thc increased revenues
include:
· elimination of individual vending contracts at each school site
elimination of the need for each self-service vending site to maintain adequate control over vending
inventory, restock machines and collect, £oll and deposit coins from the machines;
now therefore be it
R~,SOLVED: That the Board requests the City Council to appropriate the School Vending Operations
Special Revenue Fund in the amount of $1,800,000 for Fiscal Year 200i/20C}2; and be it further
RE~OL~/"J[O: That a copy of this resolution be spread across the official minutes of this Board, and the
Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City
Council, the City Manager, and the City Clerk. '
Adopted by the School Board of the City of Virginia Beach this 25m day of September 200 I.
SEAL ~
Attest:..
Dhnne P. Alexander, Clerk of the Board
Sclmel Adminlm~e~ guildi~ · 2S 12 Ge·q· Plao~ Drive · R O. Box ~38 · Virglni~ ha:h, VA 234S6-0038
Item VI-d. 7.
-37-
ORDINANCES
ITEM # 48814
Upon motton by Counctlman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED:
Or&nance to ACCEPT and APPROPRIATE a $149,600 grant from the
Federal Emergency Management Agency (FEMA) to the Ftre Department's
FY 2001-2002 operattng budget re support of Virginia Task Force No. 2
search and rescue team and that estimated revenue be mcreased
accordtngly
Vottng 10-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $149,600 GRANT FROM
THE FEDERAL EMERGENCY MANAGEMENT
AGENCY TO THE FIRE DEPARTMENT'S FY
2001-02 OPERATING BUDGET TO SUPPORT
THE OPERATIONS OF THE FEMA URBAN
SEARCH AND RESCUE TEAM, VIRGINIA
TASK FORCE NO.2
10
11
WHEREAS, the City of Virginia Beach has been awarded a
$149,600 grant from Federal Emergency Management Agency that does
not require a city match.
12
13
14
15
16
17
18
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That a $149,600 grant is hereby accepted from the Federal
Emergency Management Agency and appropriated to the Fire
Department's FY 2001-02 Operating Budget to support the FEMA Urban
Search and Rescue Team, and estimated revenue in the FY 2001-02
Operating Budget from the federal government is hereby mncreased
accordingly.
20
21
Adopted the 23rd day of Oct, 2001, by the Council of the
City of Virginia Beach, Virginia.
CA-8274
Noncode~FEMA-WMD.ord.wpd
October 12, 2001
R2
APPROVED AS TO CONTENT:
Department of Mana~
APPROVED AS TO LEGAL
SUFFICIENCY:
Department of
Federal Emergency Management Agency
Washington, D.C. 20472
September 8, 2001
Mr. Steven Cover
Virginia Beach Fire Department
Special Operations Municipal Center
2408 Courthouse Drive, Building//21
Virginia Beach, VA 23456-9065
Dear Mr. Cover:
Enclosed for your records please find a fully executed copy of
Amendment MOO 1 issued under Cooperative Agreement No. EMW-2001-
CA-0177. This amendment provides $149,600.00 in additional grant
funding to the Virginia Beach Fire Department (VA TF-2) in order to
prepare for structural collapse rescues in the aftermath of a weapon of
mass destruction (WMD) incident.
If you have any questions, please contact me at (202) 646-4572.
Sincerely,
L~sa A. Lewis
Grants Management Specialist
Enclosures
- 38-
Item VI-J. & a/b/c/d.
ORDINANCES
ITEM # 48815
Upon motton by Councilman Harrtson, seconded by Councd Lady Eure, Ctty Councd ADOPTED:
Or&nance to APPROPRIATE certatn funds from the General Fund to
provtde tnterest-free loans
$50,000 to Court House/Redmtll Volunteer Rescue Squad re the
purchase of a replacement ambulance, to be repaid tn five (5)
equal annual installments orS1 O, 000 each
$ 72,000 to Ocean Park Volunteer Rescue Squad re the purchase
of a replacement ambulance, to be repatd tn five (5) equal annual
tnstallments of $14, 500 each
$72,000 to Plaza Volunteer Rescue Squad re the purchase ora
replacement ambulance, to be repaid tn four (4) equal annual
tnstallments orS18, 000 each
$28,000 to Chesapeake Beach Volunteer Rescue Squad re the
replacement of the statton's roof, to be repatd tn three (3) equal
annual installments of $9,330 each
Voting'
10-0 (By ConsenO
Counctl Members Voting Aye'
Ltnwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, Jr,
Barbara M. Henley, Louis R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vice Mayor Wtlham D. Sessoms, Jr and
Rosemary Wilson
Counctl Members Vottng Nay:
None
Council Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
AN ORDINANCE TO APPROPRIATE $50,000
OF FUND BALANCE FROM THE GENERAL
FUND FOR THE PURPOSE OF PROVIDING
AN INTEREST-FREE LOAN TO THE COURT
HOUSE/REDMILL VOLUNTEER RESCUE
SQUAD FOR THE PURCHASE OF A
REPLACEMENT AMBULANCE
WHEREAS, the Court House/Redmzll Volunteer Rescue Squad
10
11
("Rescue Squad") has determined that it is not feaszble to
continue to use one of its current ambulances, given its h~gh
12 maintenance cost and reliability problems; and
13
WHEREAS, the Rescue Squad does not presently have adequate
14 funds to purchase a replacement ambulance, but has represented
15 that fund-raising efforts will provide sufficient funds to repay
16
17
an interest-free loan from the City of Virginia Beach in the
amount of $50,000.
18
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA'
20
1. That $50,000 zs hereby approprzated from fund balance in
21
22
23
the General Fund for the purpose of providing an interest-free
loan to the Court House/Redmill Volunteer Rescue Squad so that
it may purchase a replacement ambulance.
24
25
26
27
28
2. That this loan is to be repaid in five (5) equal annual
znstallments of $10,000 that shall be due on the 15th day of
November each year, with the first payment to be made on or
before November 15, 2002 and the last payment to be made on or
before November 15, 2006.
29
30
Adopted by the Council of the City of Virginma Beach,
Virginia, on the23rd day of October , 2001.
31
32
33
34
35
36
Requires an affirmative vote by a majority of the members of
the City Council.
CA8277
Ordin~NONCODE~courthouse. ord.wpd
October 9, 2001
RI
37 APPROVED AS TO CONTENT
38
40 Management
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Offmce
Court House/Redmill
Volunteer Rescue Squad
Post Office Box 6344
Virginia Beach, l/?rgtnta 23456
Serving the Community S~nce 1947
PHncess Anne Courthouse
Rescue Squad #5
P.O. Box 6344
Virginia Beach, VA 23456
Bruce Edwards, Director
,Department of EMS
1917 Arctic Avenue
,Virginia Beach, VA 23451
Dear Chief Edwards:
'The organization of Rescue #5 would like to apply for a no-interest loan from City Council.
The loan would be used for the purpose of purchasing our new ambulance.
We are replacing our old unit #522, a Wheel Coach vehicle with high mileage and maintenance
problems that dose relate to its use and age.
The following costs arc associated with the purchase of the new Vehicle:
Pumhase of the ambulance $78,500
Lettering and striping. $ 1,500
Radios N/A
Eattit~ment outfit ( stretcher, etc. ) N/A
Total $80,000~--~ ,
·
We have been approved for a state grant in the amount of $30,000 to assist with purchase
of the ambulance, leaving us with a balance of $50,000 in which we would l~e to Itl~ly for a
loan in this amount.
We propose to repay this amount over a period of five years in equal payments of $10,O00.
We would like to make the first payment one-year after receipt of loan, with the remaining
four payments being made annually.
We sincerely hope that this request will meet with your approval. If you have any questions, or
desire additional information and documentation, you may contact me by e-mail at
divel dive/~)home, com or you may page me at 347-1261.
President
Courthouse Rescue #5
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
AN ORDINANCE TO APPROPRIATE $72,000
OF FUND BALANCE FROM THE GENERAL
FUND FOR THE PURPOSE OF PROVIDING
AN INTEREST-FREE LOAN TO THE OCEAN
PARK VOLUNTEER RESCUE SQUAD FOR THE
PURCHASE OF A REPLACEMENT AMBULANCE
WHEREAS, the Ocean Park Volunteer Rescue Squad ("Rescue
Squad") has determined that it is not feasible to continue to use
one of its current ambulances, given its high mileage and
reliability problems; and
WHEREAS, the Rescue Squad does not presently have adequate
funds to purchase a replacement ambulance, but has represented
that fund-raising efforts will provide sufficient funds to repay
an interest-free loan from the City of Virginia Beach in the
amount of $72,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $72,000 is hereby appropriated from fund balance in
the General Fund for the purpose of providing an interest-free
loan to the Ocean Park Volunteer Rescue Squad so that it may
purchase a replacement ambulance.
2. That this loan is to be repaid in five (5) equal annual
installments of $14,500 that shall be due on the 15th day of
November each year, with the first payment to be made on or
before November 15, 2002 and the last payment to be made on or
before November 15, 2006.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of October , 2001.
Requires an affirmative vote by a majority of the members of
the City Council.
CA8275
Ord~nkNONCODEkoceanparkord.wpd
October 9, 2001
RI
APPROVED AS TO CONTENT
Management Services
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Offmce
Ocean Park Volunteer Fire and Rescue
P O Box 5545
Virgtma Beach, Virgtma 23455
Non-Emergency Number ( 757 ) 464-0594
Fax ( 757 ) 464-5031 www.opvrs.com
Bruce Edwards, Director
Department of EMS
1917 A. rcttc Avenue
V~rg~ma Beach, VA 23451
Dear Chief Edwards:
Our squad would hke to apply for a no-~nterest loan from C~ty Council. The loan would be used
for the purchase of our new ambulance.
We are replacing our old unit 120, a fifteen-year-old ambulance w~th a history of mmntenance
problems related to tts age, w~th a new Frmghthner ambulance.
The following costs are associated w~th the purchase of the new ambulance:
Purchase of the ambulance
Lettenng and striping
Radsos
Equipment outfit (stretcher, etc.)
Total expenses
$103,000.00
3,500 00
3,000.00
5.500.00
$115,000 00
We have been approved for a state grant ~n the amount of $43,000 to assist w~th the purchase of
the ambulance, leaving us w~th a balance of $72,000. We would hke to apply for a loan tn th~s
amount.
We propose to repay the loan over a five-year period tn five equal payments of $14,500. We
propose to make the first payment 12 months after recetpt of the loan, w,_th the remmn,_ng four
payment made annually.
We hope that you can help us with ttus request. If you have any quesuons, or ~f you need further
documentauon, you may contact me by ematl at lanneyk@nswccd.navy rml, or you may page
me at 475-8760.
Sincerely,
Kreg Kinney, Prestdent
JUL 1 3 2001
DEPARTMENT or EMERGENC~--
MEDICAL SERVICES
AN ORDINANCE TO APPROPRIATE $72,000
OF FUND BALANCE FROM THE GENERAL
FUND FOR THE PURPOSE OF PROVIDING
AN INTEREST-FREE LOAN TO THE PLAZA
VOLUNTEER RESCUE SQUAD FOR THE
PURCHASE OF A REPLACEMENT AMBULANCE
WHEREAS, the Plaza Volunteer Rescue Squad ("Rescue Squad")
8 has determzned that it is not feasible to continue tc use one
9 of its current ambulances, given its high maintenance costs and
10 reliability problems; and
11
WHEREAS, the Rescue Squad does not presently have adequate
12 funds to purchase a replacement ambulance, but has represented
13
14
15
that fund-raising efforts will provzde sufficient funds to repay
an interest-free loan from the Cmty of Vmrg~nia Beach in the
amount of $72,000.
16
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA'
18
19
20
21
1. That $72,000 is hereby appropriated from fund balance zn
the General Fund for the purpose of providing an interest-free
loan to the Plaza Volunteer Rescue Squad so that mt may purchase
a replacement ambulance.
22
23
24
25
26
2. That this loan is to be repamd in four (4) equal annual
installments of $18,000 that shall be due on the 15th day of
November each year, with the f~rst payment to be made on or
before November 15, 2002 and the last payment to be made on or
before November 15, 2005.
27
28
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of October , 2001.
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30
31
32
33
34
Requires an affirmative vote by a majority of the members of
the City Council.
CA8278
OrdinkNONCODEkplazaordl001.wpd
October 9, 2001
Ri
35
36
37
38
39
APPROVED AS TO CONTENT
Management
APPROVED AS TO LEGAL
SUFFICIENCY
~ity Attorn~s ~f~mce
Chief
Departmem of EMS
1917 Arctic Avenue
Virginia Beach, VA. 23451
September 17, 2001
The PlaTa Vohm. C. aer Rescue Squad needs to replace its aging 1994 Ford E-350
Ambulance (1620) with a new Ambulance. This will ensure continuation of quality
emergency services ~ate of the art equipment.
Ambulance 1620 is the oldest of four ambulances in the Plaza Rescue Squad inventory.
Over the past ye..~ we have experienced increased mechanical problems including
transmission, brake, and electrical failure resulting in towing service and uascheduled
periods of down time. We atm'bute this, in part, to the following:
The actual gross weight of the Ford E-350 is 9840 lbs, minus crew and patient(s)
and is very near the rated gross weiglit limit of 10,500 lbs. This brings extra stress
on the chassis of the vehicle and failure of the aforementioned critical areas.
Unit 1620 is a 1994 model year chassis with a 1987 box (,patient compartment). The
ambulance received a re-chassis in 1994 and a minimal upgrade to the patiem
compartment. The patient eompartmem is now 14 years old and in dire need of
replacement. It is not cost effective to upgrade, as the flooring, electrical systems, air
conditioning, and upholstery all need replacement. At its present mileage of 138,000
with the aforementioned problem areas it has become unreliable.
With the proposed Virginia EMS regulatio~ limiting the weight limit to 700 lbs. less
than the rated gross weight limit ofthe vehicle (see attached e-mail), the Ford E-350
chassis is unacceptable.
Plaza Volunteer Rescue Squad has researched and priced ambnlanees and has decided
on an ambnlance with all Iltterllafional Il'tick chassis. P!a?a Rescue Squad currently has
three (3) ambulances with the same chassis type in its inventory and its members are
familiar with the driving and handling of this type ambulance chassis. Also with three
(3) other International chassis' in the inventory the maintenance facilities ut41i~ed by
Plaza Rescue are already in place.
AN ORDINANCE TO APPROPRIATE $28,000
OF FUND BALANCE FROM THE GENERAL
FUND FOR THE PURPOSE OF PROVIDING
AN INTEREST-FREE LOAN TO THE
CHESAPEAKE BEACH VOLUNTEER RESCUE
SQUAD FOR THE REPLACEMENT OF THE
STATION'S ROOF
10
11
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14
15
16
17
18
19
20
21
22
23
24
25
26
WHEREAS, the Chesapeake Beach Volunteer Rescue Squad
("Rescue Squad") has determined that the roof of the station is
beyond repair and in need of replacement; and
WHEREAS, the Rescue Squad does not presently have adequate
funds to replace the roof, but has represented that fund-raising
efforts will provide sufficient funds to repay an interest-free
loan from the City of Virginia Beach mn the amount of $28,000.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That $28,000 is hereby appropriated from fund balance in
the General Fund for the purpose of providing an interest-free
loan to the Chesapeake Beach Volunteer Rescue Squad so that it
may replace the roof of the station.
2. That this loan is to be repaid in three (3) annual
installments ($9,335 for the first two years and $9,330 for the
final payment) that shall be due on the 15th day of November each
year, with the first payment to be made on or before November 15,
2002 and the last payment to be made on or before November 15,
2004.
27
28
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of October , 2001.
29
30
31
32
33
34
35
36
37
Requires an affirmative vote by a majority of the members of
the City Council.
CA8276
OrdinkNONCODEkchesbeachord.wpd
October 9, 2001
RI
APPROVED AS TO CONTENT
Management
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney'~ Office
Ch esapeake Beach Volunteer Fire
and Rescu oD eoP r ent, [nc.
Virgmm Beach, Vtrgtma 23455 · Tel. 460-7509
Chief
Department of EMS
1917 Arctic Avenue
Virginia Beach, VA 23451
Dear Sir,
Chesapeake~h Volunteer Fire a~d Rescue Dept. [nc (CBVRS) request a n~--interes~
l,oan from the City Council of Vh'ginia Beach.
CB~ requests the sum of $lfl.9~ to replace tke roof ofour building at 2444 Pleasure
House Rd in Vir~dnia BeacK Our roof has been determined to be beyond repair and is in need of
replacing. We have had four separate contractors bid on replacin~ the building and the cost will
I~ approximately ~28,000.
During the roof replacement neither the Rescue Squad nor the members of Fire Company
Four will need to be displaced.
CBV~ is requesting a term ofthree (3) years with a payback of $9335.00 for the first
two years and a fin~ paymem of $9330.
Thank you.
Chesapeake Beach Volunteer Fire
and Rescue Dept. In¢
- 39-
Item VI-K.
PLANNING
ITEM # 48816
1. JESSUP CONSTRUCTION L.L. C./
FOSTER J. MA TTER
VARIANCE
2. ST. AIDAN'S EPISCOPAL CHURCH
CONDITIONAL USE PERMIT
3. BIRDNECK BUSINESS CENTER LLC
CONDITIONAL USE PERMIT
4. TERR Y/PETERSON RESIDENTIAL TEN, L.L. C.
CHANGE OF ZONING
5. CHECKERED FLAG MOTOR CO.
CONDITIONAL CHANGE OF
ZONING
CONDITIONAL USE PERMIT
6. OCEAN BAY VENTURE, L.L. C.
CONDITIONAL CHANGE OF
ZONING
7. CITY ZONING ORDINANCE
AMENDMENTS (floodplain)
October 23, 2001
- 40-
Item VI-K.
PLANNING
ITEM # 48817
Upon motton by Counctlman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl APPROVED in ONE
MOTION Items 1, 2 ,3, 5 and 7a/b/c/d/e (Revised)/f/g/h/t/j (Revised)/k (Revised) of the PLANNING
AGENDA.
Item 7 e/ilk APPROVED, BY CONSENT, AS REVISED
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 41 -
Item VI-K. 1.
PLANNING
ITEM # 48818
Upon motton by Counctlman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl APPROVED, AS
CONDITIONED, BY CONSENT, Appltcatton of JESSUP CONSTRUCTION L.L.C./FOSTER J.
MA TTER for a Variance to ~ 4 4(b) of the Subdtvtston Ordtnance whtch requtres that all newly created lots
meet all requirements of the Ctty Zontng Ordtnance (CZO)
Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn elements
of the Subdtvtston Ordtnance, Subdtvtston for Jessup Constructton
£ L C/Foster J Matter Property ts located on the west stde of Bray Road
on Lot 10, Lynnhaven Acres (GPIN #1498-20-5882) DISTRICT 5 -
L YNNHA VEN
The followtng conchttons shall be requtred
All condtttons of the CBPA vartance granted on August 27, 2001, are
deemed to be condtttons of thts subchvtston vartance
Dual eroston and sedtmentatton control measures shall be
tnstalled prtor to any land &sturbance and shall be matntatned
unttl such ttme as vegetattve cover ts estabhshed
A temporary chatn hnk fence shall be tnstalled adjacent to
construction hmtts Thts chain hnk fence ts tn addttton to
requtred E & S control measures In addttton, said temporary
chatn hnk fence shall be tnstalled along the enttre drtveway
All area outstde constructton hmtts shall rematn tn a natural
state, mcludmg the forest floor (leaf htter) left mtact Satd
concltttons shall be noted on the stte plan Constructton hmtts
shall he a maxtmum of 20' outboard of all tmpervtous cover
The drtveways shall be constructed of gravel, or comparable
pervtous matertal, wtth the exceptton of the turn around and
parktngpads as shown on theplan submttted wtth the apphcatton
5 Tree compensatton shall be at a 1 1 ratto
6 All stormwater from tmpervlous cover shall be conveyed to a
structural stormwater management facthty
If and when the shorehne ts hardened, a rtp-rap revetment shall
be tnstalled, tn lteu of a verttcal retatntng structure Satd
condttton shall be noted on the stte plan
Payment to the Vtrgtnta Oyster Herttage Foundatton ts requtred
and shall be based on the amount of tmpervtous cover "shown"
wtthtn the buffer The formula for computattonpurposes ts square
footage chvtded by 27, which equals cubtc yards, multtphed by 15
(#of bushels to one cubtc yard) x $1 65 (the cost of tnstallatton)
This computatton assumes a shell plant of12 tnches
9 Any future accessory structures, pools, decks, sheds, etc, shall he
wtthtn the subject constructton hmtts
October 23, 2001
- 42 -
Item VI-K. 1.
PLANNING
ITEM # 48818 (Continued)
10
11
12
The pedestrtan accessway to navtgable waters, for the eastern lot,
shall be shown on the revtsed stte plan Satd accessway wtll he
along the area of highly ero&ble sods As such, said accessway
shall be of pervtous matertal and shall be located so as to
mtntmtze the removal of any trees It may be necessary to
construct satd accessway, or some porttons thereof, as an
open-ptle structure The apphcant shall convene an on-stte
meettng wtth the Planmng Department staff prtor to the
tnstallatton of thts tmprovement This condttton shall be so noted
on the stte plan
A revised stte plan shall be submitted to the Department of
Planmng, Development Services Center, for revtew and approval
prtor to the tssuance of a butldtng permtt
Prior to clearing for stte hne vtstas or general woodlot
management, a consultatton shall be convened on-stte wtth the
Planntng Department Staff Please call Rtck Scarper or Ltnda
Bersch at 427-4621 to schedule this meettng
Vottng 10-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr and
Rosemary Wdson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 43 -
Item VI-K.2.
PLANNING
ITEM # 48819
Upon motton by Councdman Harrison, seconded by Counctl Lady Eure, City Council ADOPTED an
Or&nance upon apphcatton of SAINT AIDAN'S EPISCOPAL CHURCH for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF SAINT AIDAN'S EPISCOPAL
CHUR CH FOR A CONDITIONAL USE PERMIT FOR A COL UMBARIUM
R010013084
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordtnance upon Apphcatton of Satnt Ardan's Eptscopal Church for a
Con&ttonal Use Permtt for a columbartum at the southeast corner o.f
Edtnburgh Drtve and N Lynnhaven Road (GPIN #1497~07-2219) Said
parcel ts located at 3201 E&nburgh Drive and contatns 3 566 acres
DISTRICT 5 - L YNNHA VEN
The followtng con&ttons shall be requtred
The columbartum shall be located tn the area shown on the
submttted stte plan entttled "Satnt Atdans Columbartum
Condtttonal Use Permtt," by W P Large dated 7-16-01
Landscaptng shall be tnstalled and maintained as shown on the
submttted landscape plan entttled "Memorial Garden Proposal,"
by Wtnesett Nursery dated 02/01
Each wall shall be constructed of stone and mortar wtth
&menstons not to exceed five feet htgh, eight feet wtde and two
feet deep The roches shall face toward the mtertor of the
property
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance
Adopted by the Counctl of the Ctty of Vtrgmta Beach, Vtrgtnta, on the Twenty-thtrd of October, Two
Thousand One
Voting 10-0 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 44-
Item VI-K.$.
PLANNING
ITEM # 48820
Upon motton by Councdman Harrtson, seconded by Council Lady Eure, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of BIRDNECK BUSINESS CENTER LLC, for a Conchttonal Use Permtt
ORDINANCE UP ONAPPLICA TION OF BIRDNE CK BUSINESS CENTER
LLC, FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR FACILITY, PAINTING, RESTORATION AND STORAGE
R010013085
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Btrdneck Bustness Center, L L C, a Vtrgtma
ltmtted habthty company for a Conchttonal Use Permit for an automobile
repatr facthty, patnttng and restoratton& automobtle storage area on the
west stde of South Btrdneck Road, 840feet north of Bells Road (GPI #2416-
48-2808) Satd parcel ts located at 549 South Btrdneck Road and contatns
4 962 acres DISTRICT 6- BEACH
The followtng con&ttons shall be required
The automobtle repatr, patnttng, and restoratton facthty and
automobile storage area shall be located on the stte as shown on
the submttted site plan tttled "use permtt plan automottve repatr
and restoratton at 549 S Btrdneck Road, Btrdneck Bustness
Center, for Scan Forsyth, Vtrgznta Beach, Vtrgmta", prepared by
Land Design and Development, Inc, dated 12 July 2001 SaM
plan ts on file wtth the Ctty of Vtrgtnta Beach Planntng
Department
A butlchngpermtt shall be obtatned and all necessary tnspecttons
shall be conducted on the patnt booth or automottve patnt area
tn the butl&ng tn accordance wtth the Untform Statewtde Butldtng
Code before occupancy of the butldmg
All automottve repatr, patnttng and restoratton shall take place
tnstde the butldtng All doors to the repatr, patnttng and
restoration area shall be kept closed except when vehtcles are
entertng or leavtng the butldtng
4 There shall be no outstde storage ofequtpment orparts
All vehtcles wtth obvtous body damage shall be stored tnstde the
butldtng or tn the storage compound destgnated on the submttted
stte plan
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twen_ty-thtrd Of October,
Thousand One
Two
October 23, 2001
Item VI-K.$.
- 45-
PLANNING
ITEM # 48820 (Continued)
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, dr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wilson
Counctl Members Vottng Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 46-
Item VI-K. 4.
PLANNING
ITEM # 48821
Attorney R J Nutter, 4425 Corporatton Lane, Sutte 420, Phone 687-7500, represented the apphcant
The followtng spoke tn OPPOSITION and requested DEFERRAL:
Ray Amuruso, 2333 Litchfield Way, Phone 563-0762
Steve Pntewskt, 2309 Litchfield Way, Phone, 42 7-5668
Glenn Fox, 2305 Lttchfield Way, Phone 427-9993
Upon morton by Counctlman Jones, seconded by Counctl Lady Wdson, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of TERR Y/PETERSON RESIDENTIAL TEN, L.L. C. for a Change of Zomng
Dtstrtct Class(ficatton
ORDINANCE UPON APPLICATION OF TERR Y/PE TERSON
RESIDENTIAL TEN, L L C FOR A CHANGE OF ZONING FROM AG-1
AND AG-2 TO R-10 ZOlO011211
BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Terry/Peterson Restdenttal Ten, L L C, for
a Change of Zomng Dtstrtct Classtficatton from AG-1 and AG-2
Agrtcultural Dtstrtcts to R-10 Restdenttal Dtstrtct on certatn property
located on the north stde of Princess Anne Road, 1,200feet more or less east
of Holland Road (GPIN #2404-13-3853) The proposed zontng
classtficatton to R-10 ts for stngle famtly land use at a density no greater
than 3.0 dwelhng umts per acre The Comprehenstve Plan recommends use
of thts parcel for suburban restdenttal/low denstty that ts compattble wtth
stngle famtly use tn accordance wtth other Plan pohctes Satd parcel
contatns 31 5 acres DISTRICT 7 - PRINCESS ANNE
The followtng condtttons shall be reqmred
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Proffer 3 AMENDED
3 d All homes shall contatn an element of brick, stone or stmdar
matertal of the net extertor wall area below the cormce hne
conststtng of the followtng percentages Homes adjacent to
Prtncess Anne Road - 80%, one-story homes (2, 000-2, 400 square
feet tn stze)- 95%, Two-Story Homes (2, 200-2, 400 square feet tn
size) - 80%, One-or-Two Story Homes (2,401-2,999 sq fi tn stze)
- 65%, One-or-Two Story homes (3,000 sq fi and above) - 50%
Followtng verbtage shall be added after "The landscape
easement shall be landscaped accordtng to the plan of the
Developer"
3h
to include crepe myrtle and bayber~_ Not less than two [2]
flowertng or shade trees shall be tnstalled between the home and
--71 7_ 7 ....~7_-
Prtncess Anne Road
· ,~,, ~e landscaptng as deptcted on Exhtbtt B at the corner
Lot 1 wtll conttnue along the rear of Lots 1-6 An~ _fence
const~cted by etther the Developer or Budder along the rear
Lots 1-3 will be of the same s~le and matertal as the_fence to be
constructed along Prtncess ~nne Road
October 23, 2001
-47-
Item VI-K. 4.
PLANNING
ITEM # 48821 (Continued)
*BMP features shah be part of the larger regtonal system The City
has to co-ordtnate these connectton features The BMP features wtll
be adjacent to the features of LttchfieM Manor The lot sizes and set
back requtrement wtll be larger than the adjacent subdtvtstons. There
wtll be a smaller lot coverage requtrement. Correspondence of
October 3, 2001, to Rtchard Bowie -Prestdent - Terry Peterson,
concermng requests of the LttchfieM Manor Homeowners Association
was addressed.
Thts Or&nance shall be effecttve tn accordance wtth Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the Ctty of Vtrginta Beach, Vtrgtnta, on the Twen_ty-thtrd of October,
Thousand One
Two
Vottng 7-2
Counctl Members Vottng Aye:
Ltnwood O. Branch, III, Margaret L. Eure, Wilham W Harrtson, Jr., Louis'
R Jones, Reba S McClanan, Robert C. Man&go, Jr, Vtce Mayor William
D Sessoms, Jr. andRosemary Wtlson
Councd Members Voting Nay'
Barbara M. Henley and Nancy K. Parker
Council Members Abstatntng
Wtlham W Harrtson, Jr
Council Members Absent:
Mayor Meyera E. Oberndorf
Councilman Harrtson ABSTAINED as hts law firm represents some of the tnchvtduals who form
Terry/Peterson Restdenttal Ten, L L C
October 23, 2001
- 48-
Item VI-K. 5.
PLANNING
ITEM # 48822
Upon motton by Councdman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED Ordtnances
upon apphcatton of CHECKERED FLAG MOTOR CAR CO. for a Condtttonal Change of Zontng and a
Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR
CAR COMPANY FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R- 7 5 TO CONDITIONAL B-2 ZO10011212
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Checkered Flag Motor Car Co, for a
Change of Zoning Dtstrtct Classt_ficatton from R~ 7 5 Restdenttal Dtstrtct to
Condtttonal B-2 Community Bustness Dtstrtct on the east stde of Clearfield
Avenue, south of Vtrgtma Beach Boulevard (GPIN #1467-66-35 78, #1467-
66-2543, #1467-66-3453, #1467-66-2390) The proposed zomng
classtficatton change to Condtttonal B-2 ts for commercial land use The
Comprehenstve Plan recommends use of thts parcel for suburban
restdenttal/low density at denstttes that are compatible wtth stngle-famtly
use tn accordance with other Plan pohctes Satd parcel ts located at 5225
Vtrgtnta Beach Boulevard and contatns 1 45 acres DISTRICT 2 -
KEMPSVILLE
The followtng condttton shall be requtred
An Agreement encompassing proffers shall be recorded wtth the
Clerk of Ctrcutt Court
AND,
ORDINANCE UPON APPLICATION OF CHECKERED FLAG MOTOR
CAR CO, FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE
SALES RO10013086
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Checkered Flag Motor Car Co, for a
Condtttonal Use Permit for motor vehtcle sales at the southeast tntersectton
of Vtrgtnta Beach Boulevard and ClearfieldAvenue (GPIN #1467-66-35 78,
#1467-66-2543, #1467-66-3453, #1467-66-2390) Satd parcel ts located
at 5225 Vtrgtma Beach Boulevard and contatns 9 92 acres DISTRICT 2 -
KEMPSVILLE
The followtng conchttons shall be requtred
All tmprovements and landscaptng shall substanttally conform to
the "Conceptual Stte Layout and Landscape Plan of Checkered
Flag Toyota, Vtrgtnta Beach, Vtrgtnta," dated dune 14, 2001,
prepared by MSA, P C, provtded, however, that the plan may be
revtsed as necessary to conform with requtrements of apphcable
Ctty ordtnances
2 No loud speakers or outdoor speaker system shall bepermttted on
site
3 All parktng lot hghttng shall be &rected tnward and shall not
reflect toward the adjacent restdenttal or surroun&ngproperttes
The extsttng "nonconformtng" free standing stgn, fronttng
Vtrgtnta Beach Boulevard and near the main entrance of the site,
shall be removed Thts stgn may be replaced, provtded tt meets
the stgn regulattons outhned tn the Ctty Zoning Ordinance
October 23, 2001
- 49-
Item VI-K.$.
PLANNING
ITEM # 48822 (Continued)
Evergreen shrubs planted a mtntmum of four (4) feet on center
and a mtntmum hetght of three (3) to four (4)feet at the ttme of
mstallatton shall be tnstalled along the southern property hne,
where the site abuts the adjacent office development stte
A fifteen foot (15') wide, Category IV landscape buffer shall be
tnstalled along all property hnes that abut restdenttally zoned
property In addttton, all other apphcable landscape
requtrements set forth tn Ctty ordinances shall be implemented
All garage doors shall remain closed other than for the
maneuvering of vehtcles tn and out the servtce bays
d stxfoot (6') high prtvacyfence shall be tnstalled adjacent to the
northern property hne and eastern property hne of Lot 19 (2 70
Clearfield Avenue)
These Ordtnances shah be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgmta, on the Twen_ty-thtrd of October
Thousand One
Two
Votmg 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
Item VI-K. 6.
PLANNING
- 50-
ITEM # 48823
The followtng regtstered tn SUPPORT of the apphcatton
Attorney R E Bourdon, Phone 499-8971, represented the apphcant
Garrett Johnson, 212 Rudee Avenue, Phone 472-8521, Shadowlawn restdent
Dennis Deans, 3852 Little Neck Point, Phone 640- 7292, Shadowlawn restdent
Btlly Ray Davts, Jr, 828 12tn Street, Phone 422-3878
Sean A Lovas, 913 Carohna Avenue, Phone 425-7145, Shadowlawn restdent
The followtng regtstered tn OPPOSITION
MaryAnne Nixon, 607 16th Street, Phone 428-4277, represented the Resort Beach Ctvtc League Coahtton
Jtm Flanagan, 708 Arcttc Avenue, Phone 428-2456
Upon motion by Councilman Branch, seconded by Council Lady Parker, City Councd DEFERRED to the
CITY COUNCIL's FORMAL SESSION of November 27, 2001, Ordinance upon apphcatton of OCEAN
BAY VENTURES, L.L.C. for a Condtttonal Change of Zonmg
ORDINANCE UPONAPPLICA TION OF OCEANBA Y VENTURES, L L C,
A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM I-I AND R-5D TO
CONDITIONAL A-24
An Or&nance upon Apphcatton of Ocean Bay Ventures, L L C, a Vtrgtnta
hmtted habthty company, for a Change of Zoning Dtstrtct Classtficatton
from I-1 Ltght Industrtal Dtstrtct and R-5D Restdenttal Duplex Dtstrtct to
Condtttonal A-24 Apartment Dtstrtct on certatn property located at the
northwest corner of the Norfolk & Southern Railroad right-of-way and
Cypress Avenue (GPIN #2417-94-4482) Theproposedzomng classtficatton
change to Condtttonal A-24 ts for multt-famtly land use at a denstty no
greater than 24 dwelhng untts per acre The Comprehenstve Plan
recommends use of these parcels for suburban restdenttal/medtum and high
denstty use Satd parcel contains 2 89 acres more or less DISTRICT 6 -
BEACH
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
Item VI-K. 7. a-m
- 51 -
PLANNING
ITEM # 48824
Upon motton by Councdman Harrtson, seconded by Counctl Lady Eure, Ctty Counctl ADOPTED Ordtnances
to AMEND the Ctty Zontng Ordtnance (CZO)
3~ 106 amending the requtrements for appeals and vartances to
the Board of Zomng Appeals (BZA)
~ 111 add or delete certatn defintttons tncluded tn the ordtnance
re alternattve dtschargtng sewer treatment, approxtmated
floodplain, coastal high hazard area, flood insurance, floodplain,
flood frtnge, floodway, gross acreage, prtvate sewage treatment,
prtvate utthttes, regulatory floodway, utthttes (pubhc or prtvate)
and wetlands
~ 200. providing that certatn wetland andfloodplatn areas not be
tncluded tn determtntng lot coverage and floor area ratto, and,
amending the determination ora zomng lot
3~ 239 1 amending requtrements and restrtcttons of prtvate
sewage treatment facthttes
AS REVISED, [see hne 28 added re "on-stte sewer regulattons]
~ 402 & 405 amending dtmenstonal requtrements and
alternattve restdenttal development tn AG-1 and AG-2
3~ 50 7 amending chmenstonal requtrements for restdenttal zontng
chstrtcts R-40 through R-5S, open space opttons and flex sutte
requtrements
g 3~ 1124 amending requtrementsfor land useplans tn PD-H2
m
~3~ 4 4 & 6 1, add 3~3~ 1 5 & 1 6 add destgn standards, plat
reqmrements and defimttons of floodplatn and wetland
3q3ql I0, 1 15, 4 4B&5 6B, add3~l 17, 1 18, 4 1B I6and4 I B 17
add stte plan requtrements and defintttons of floodplatn, wetlands,
gross acreage and zontng lot
AS REVISED, {see hne 31 re addttton of total foot prtnt] ~ 5B
amend requtrements for locatton of restdenttal structures, filhng
floodplatns subject to spectal restrtcttons, estabhshtng
requtrements for submtsston of floodplatn vartance apphcattons
and performance standards pertatntng to the granting of
floodplain variances
AS REVISED, [see replacement page 2] 3~ 4, add 3~ 9 of the
Stormwater Management Ordtnance and adding defintttons for
"floodplatn ", "wetlands" and "destgn crtterta"
3~ 103, 104 & 110 of the Chesapeake Bay Preservatton Area
Ordtnance amend the defimtton of "nonttdal wetlands", the
"area of apphcabthty" and "plan of development process"
3~3~ 4 & 8 of the Southern Watersheds Management Or&nance
add, amendtng design crtterta and defintttons for "floodplatn" and
"nonttdal wetlands"
October 23, 2001
- 52 -
Item VI-K. 7.a-re.
PLANNING
ITEM # 48824 (Continued)
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
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AN ORDINANCE AMENDING THE REQUIREMENTS FOR
APPEALS AND VARIANCES TO THE BOARD OF ZONING
APPEALS
SECTION AMENDED' City Zoning Ordinance ~ 106
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA-
That Section 106 of the City Zoning Ordinance is hereby
amended and reordained to read as follows-
Sec. 106. Appeals and variances.
· · ·
(c) Every application concerning a single-family residence,
semi-detached residence or duplex to the board of zoning appeals
shall be accompanied by a fee of two hundred dollars ($200.00),
and all other applications shall be accompanied by a fee of three
hundred dollars ($300.00), which shall be applied to the costs of
advertising and expenses incidental to the processing of the
application. Each ~ lot upon which a variance is requested
shall be the subject of a separate application and a separate fee;
provided, however, that variances from the setback and landscaping
provisions of section 201(e) (1), pertaining to fences and walls,
may be the subject of a single application and fee where the
following conditions are met'
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23rd day of October, 2001.
CA-8110
DATA/ORDIN/PROPOSED/czosecl06ord.wpd
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PREPARED- May 18, 2001
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AN ORDINANCE AMENDING, ADDING OR DELETING
CERTAIN DEFINITIONS INCLUDED IN THE CITY
ZONING ORDINANCE: "ALTERNATIVE DISCHARGING
SEWER TREATMENT SYSTEM," "APPROXIMATED
FLOODPLAIN," "COASTAL HIGH HAZARD AREA,"
"FLOOD INSURANCE STUDY," "FLOODPLAIN," "FLOOD
FRINGE," "FLOODWAY," "GROSS ACREAGE," "PRIVATE
SEWAGE TREATMENT FACILITY," "PRIVATE.
UTILITIES," "REGULATORY FLOODWAY," "UTILITY
INSTALLATION (PUBLIC OR PRIVATE)" AND
"WETLANDS"
SECTION AMENDED: City Zoning Ordinance ~ 111
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 111 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the w~ word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated:
Alternative discharginq sewaqe treatment system. Any device
or system which results in a point source discharge of treated
sewaqe for which the Department of Health may issue a permit
authorizinq construction and operation when such system is
regulated by the State Water Control Board (SWCB) pursuant to a
general Virqinia Pollution Discharqe Elimination System (VPDES)
permit issued for an individual sinqle-family dwellinq with flows
less than or equal to one thousand (1,000) gallons per day on a
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yearly average. Such a system is desiqned to treat sewaqe from a
residential source and dispose of the effluent by discharging ~t to
an all weather stream, an intermittent stream, a dry ditch, or
other location approved by the department of health.
Approximated floodplain. The area for whmch no detailed flood
profiles or elevations are provided, but where a 100 year
floodplain boundary has been approximated.
Coastal hiqh-hazard area. Coastal high-hazard area. An area
of specmal flood hazard extendinq from offshore to the inland l~mit
of a coastal primary sand dune along an open coast and any other
area subject to hiqh-velocity wave action from storm or seismic
sources. As a minimum, the coastal hiqh-hazard areas are identified
as V zones in the flood insurance study and accompanying maps.
Flood frinqe. The relatively flat area or iow lands adjoininq
a floodway which has been or may infrequently be covered by flood
water.
Flood insurance study. The flood ~nsurance study for the C~ty
of Virginia Beach prepared by the United States Federal Emergency
Management Agency (FEMA), dated August 18, 1992, and subsequent
revisions as further set forth in section 5B of the Site Plan
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Ordinance (Appendix C).
Floodplain. That land area adjoining a rmver, stream,
watercourse, ocean, bay, or lake, which is subject to inundation.
Floodplains shall be determined as the land situated below the
elevation of:
(a) That recorded by the maximum elevatmon of the flood water
of record;
(b) The intermediate flood level as determined by the U.S.
Army Corps of Engineers; or
(c) The flood level as determined by the department of public
works, whichever is greater.
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Any changes in the delineation of the intermediate flood level are
subject to approval by the federal insurance administrator.
~ I! _1__ I ' n I! 2 _ _ 1 . _ _1 _
n flooup~ai may~l,~uu= one (I) or more of ==-~,= following
components-
~ Floodway A ,natural watercourse with definite~=~'--= and
~=~o to confine and conduct ~= ..... ~
---- 2 1--..~ _1_ 1 -- ' '
storag~ and~,y~--~ ...... ~~- conveyance attr~~= to guiding
future development outsiu= the floodway will ~et zncreao=
flood heights more than applicable regulatory standards.
=,,~ng floodway delineations ~o~, a storm ~rainage
mast=~ ~I=~, minimum nat=~=~ floodways s,~=~l be
identified by the city soil scientist. As a minimum, the
floodway is as ~,~,~ in
~,, flood insurance o~u~ and
accompanying maps.
(2) Flood f~ing= ~= r=latively flat ar=a or low la
ad3oining a floodway --~=-=
' ,~,~, has been or may infrequently
be covered by =~oo= water.
(3) Approximated =~--=-~-~-- ~=
~oo~p~==~,. ~= a~ea for ~~ no detailed
flood profil=o or elevations ar= prov===~, but where a
100-year floodplain boundary has been approximated.
'~' Coastal high-hazard area An area of special flood hazard
\~J ·
extending fro~, offshore to the in==~ ~=l~ of a coastal
primary sand dune along an open coast and any other area
subject to high-velocity wave action from storm
o=~smic source°. As = minimum, the coastal hi~,-hazard
areas are identified as V zones zn the~=~ood insurance
study and accompanying maps.
F2oodway. A natural watercourse with definite bed and banks
to confine and conduct flood flows. Floodway lines must be
established in such a manner that some loss of storage and
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hydraulic conveyance attributable to guiding future development
outside the floodway will not increase flood heights more than
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applicable regulatory standards. Pending floodway delineations from
a storm drainaqe master plan, minmmum natural floodways shall be
identified by the city soil scientist. As a minimum, the floodway
is as shown in the flood insurance study and accompanymng maps.
Gross acreage, m~_l~= total area measured zn acres wzthin the
boundaries of a zoning lot.
Private sewage treatment facility. Any works, owned or
operated by a person or entity other than the City of Virginia
Beach or the Hampton Roads Sanitation District, for the treatment
of sewage generated by one or more privately owned structures. The
term shall include treatment works, interceptor sewers, outfall
sewers which provide surface discharge into a ditch, stream or body
of water, sewage conveyance systems, and their equipment and
appurtenances, but shall not include on-site septic tank systems or
similar in-ground systems serving indivzdual approved by the
Virginia Beach Health Department residential lots or facilities
connected to the public sewer system.
Pr~vat= u~==~ties. For the purpos=s of thzs ordinance,
private--=~=' ~ ........ ~ .... ' -
u=mmz=ies are z~u=~u=u to i~zude private sewage tr=atment
plants and private water suppl=-s~= servzng reszdential~uwuz=--=szon$~
or ~er groups of uses or structures, p~u~u=~ ~= ~= ~=~
" ............. ~==~--" -=-~ not =--~--~- cesspools --~ .... ~'--~
' -- ' ~ _1 2 ' _1._ _ 7
household septzc tank oystems, z~vz~u~= househoTM~ septic t .....
........ '--'~--~ ........... ~-~ ~ b' - .... ~'-~' ~ ~" I .......
oyo==~o, i~umvm~u~m ~luuo=~m~ aero lc units, o~l~ ~ll~ivm~ua w~u~z
supplies.
Regulatory floodway. The channel of a river or other
watercourse and the adjacent land areas that must be reserved in
order to discharge the base flood without cumulatively increasing
the water surface elevation more than a designated height. Also,
as set forth in section 5B of the Site Plan ordinance (Appendix C).
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Utility Installation ~ubl~c or private).. A use or structure
~' .... u~c3 services,
used directly in distr~uu~on or transmission of
~--= ' ' .... ~ ....... offices, warehouses, machine shops
~u~ ~ot i~c~uu~g storag=
and the like. Any plant, er equzpment er other faczlzty used fer
the production, transmissien or distr~butzon to the public ef
telecemmunications, electric, natural gas, water, cable, stermwater
er sewaqe service; provided, hewever that the term shall not
include communication towers or other uses er structures l~sted
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separately in this ordinance·
Wetlands. Areas shall include those defzned in sectmon 1401
149 (e) (f)(j) of this ordinance and shall also znclude tmdal wetlands,
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which are vegetated and nonvegetated wetlands, as defined zn
section 1401 of this ordinance; and nontzdal wetlands, which are
those wetlands, other than tidal wetlands, that are inundated or
saturated by surface or qround water at a frequency and duration
sufficient to support, and that under normal circumstances do
support, a prevalence of vegetation typically adapted for life ~n
saturated soil conditions, as identified or referred to mn the Cmty
of Virginia Beach Soil Survey by soil names Backbay Mucky Peat;
Duckston portion of Corolla-Duckston Fine Sands; Dorovan Mucky
Peat; Duckston Fine Sand; Nawney Silt Loam; Pamlico Mucky Peat;
Pamlico-Lakehurst Variant Complex; Rapahannock Mucky Peat, Strongly
Saline or Pocaty Peat; and any other lands which under normal
conditions are saturated to the qround surface and connected by
surface flow and contiguous to tidal wetlands or tributary streams.
Adopted by the City Council of the City of V~rg~nia Beach,
Virginia, on this 23r~ day of October, 2001.
CA-8109
DATA/ORDIN/PROPOSED/czolllord.wpd
R4
PREPARED- July 23, 2001
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AN ORDINANCE PROVIDING THAT CERTAIN WETLAND
AND FLOODPLAIN AREAS ARE NOT TO BE INCLUDED IN
DETERMINING THE LOT COVERAGE AND FLOOR AREA
RATIO AND AMENDING THE DETERMINATION OF ZONING
LOT
Section Amended' City Zoning Ordinance § 200
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 200 of the City Zoning Ordinance of the City of
Virginia Beach be, and hereby is, amended and reordained to read as
follows'
Sec. 200. ~ ~Lots.
(a) Dens~tym allowance lot coverage, floor area ra~io and lot
area. For purposes of determining allowable dwelling
unit or lodging unit density~ for determining lot
coveraqe, floor area ratio and minimum lot s~ area
requirements, the gross area of a zoning lot s~hall be the
total area within the lot lines of .... ~= zoning~u~,
including following shall be included-
(1) Public and private utility easements, se long as
the total width of the easement is twenty (20) feet
er less;
(2) Easements for ingress and egress in laver ef others;
(3) N~ws~r~a~~leod fringes;
(4) Manmade drainage areas and the easements over them
constructed primarily for storage and retention of
stermwater runoff en the let and cenveyance from
the lot except that only the first ten (10) feet ef
such areas closest to their boundary shall ceunt
reward minimum lot size requirements;
(b) The following shall not count toward be included in
determining the gross area of a zoning=u~'-= allewable
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dwellinq unit or lodqing unit density, lot coverage,
floor area ratio and minimum lot area requlrements-
(~) The floodway portion of any r~ktrr~r floodplain
(~) Any body of water except as mentioned above;
($~) Any manmade drainage areas such as borrow pits and
the easements over them constructed primarily for
purposes other than storage and retention of
stormwater;
(~)Wetlands~ as defined in section 1401 of this
ordznance, and such other wet~z=~m~ ..... as are
Wme~m~ resource protection areas, and
(e~) Any part of a public or private utility easement
whose total width zs more than twenty (20) feetrl
and
(c) Floodplains subject to special restrictions pursuant to
section 5B.5 (c) of the Site Plan Ordinance (Appendix C)
shall not be included in determinmnq minimum lot area
requirements.
(~) Lot width.
(1) Lots abutting rights-of-way that are straight or
where the radius of curvature is ninety (90) feet
or more shall meet the following standards-
(i) The width of the ~ lot shall be
determined by measuring across the rear of the
required front yard. Each lot shall be
configured so that a straight lzne drawn
across the rear of the required front yard is
equal to or greater in length than the m~n~mum
lot width for the d~str~ct in whmch the lot ~s
located.
(ii) A straight line drawn between the points of
intersection of the side lot lines with the
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right-of-way line shall constitute the street
line frontage of the Torri~ lot. Each lot
shall be configured so that the width of this
frontage is at least equal in length to eighty
(80) percent of the required minimum lot
width.
(2) Lots abutting rights-of-way when the radius of
curvature is less than ninety (90) feet or on the
turning circle of cul-de-sacs shall meet the
following standards:
(1) The width of such a zoning lot shall be
determined by the following method. First, a
straight line is drawn between the two (2)
points where the side lot lines intersect the
right-of-way line; second, a straight line is
drawn from the center of curvature through the
midpoint of the first line into the lot;
third, a straight line is drawn perpendicular
to the second line and a distance back from
the right-of-way line equal to the required
front yard in the applicable district. The
length of this third line between the side lot
lines is the width of the ~ lot. Each
lot shall be configured so that the width
meets the minmmum requirement for the distr~ct
in which it is located. The drawing below
illustrates the necessary relationships.
(ii) In no case shall the length of the first l~ne,
which shall be deemed the street line
frontage, be less than fifteen (15) feet.
(3) With regard to the measurement of any line for the
purpose of determining compliance with minimum
standards, no portion of any line that crosses a
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part of the lot not counting toward meetzng minimum
area requirements shall count toward meeting
minimum width requirements.
(4) Notwithstanding the above, on a corner lot or
through lot, the lot width shall be measured with
regard to the narrowest part of the lot by which
legal access is available to the abutting street or
streets.
(~) Lots of unusual depth. When an existing lot is of
sufficient area to permit the creation by subdivision of
more than one (1) building lot in residential districts,
one (1) additional building lot may be permitted through
resubdivision of the lot, provided that the lot can be
resubdivided in accordance with applicable zoning
requirements and subdivision regulations, and that a
fifteen-foot easement of right-of-way meeting the
requirements of subdivision regulatzons is provided and
duly recorded in the clerk's office of the circuit court
of the City of Virginia Beach. Such arrangements shall be
permissible only where no public expenditures for streets
or extensions of utilities are involved, and where the
following special conditions are satisfied:
(1) That a portion of the lot to be resubdivided be
adjacent to a public street.
(2) That for reasons of unusual shape, dimensional
restrictions, topography or area limitations, a
normal street dedication of fifty (50) feet cannot
be made.
(3) That the lot to be resubdiv~ded shall exist as an
isolated example and that it not reoccur in a
repetitive manner in the area or subdivision.
(~f_) Lot location. Except as herein provided, every building
hereafter erected or moved shall be on a lot adjacent to
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a public street and all structures shall be so located on
lots as to provide safe and convenient access for
serviczng, fire protection, or required off-street
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parking.
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(e~) Erection of structures on lot. Except as herein provided,
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there shall be no more than one (1) single-family
detached dwelling, semidetached dwelling or duplex
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erected on a lot.
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Adopted by the City Council of the City of Virginma Beach on
the 23r~ day of October, 2001.
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CA-7870
ordinkproposedkczo200ordin, wpd
R-4
May 29, 2001
AN ORDINANCE AMENDING THE REQUIREMENTS AND
RESTRICTIONS PERTAINING TO PRIVATE SEWAGE
TREATMENT FACILITIES
SECTION AMENDED' City Zoning Ordinance ~ 239.1
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WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 239.1 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 239.1. Private sewage treatment facilities.
(a) An application for a conditional use permit for a private
sewage treatment facility shall be accompanied by an engineering
study, which shall include a bioassay of the receiving waters and
a wasteload allocation. Such study shall be reviewed by approprzate
departments of the city to determmne whether the effluent
discharged from the proposed facility will degrade the ambient
water quality of the receiving stream or other waterbody or have an
adverse effect upon groundwater. Only those applicatzons in which
the engineering study demonstrates that the ambient water quality
of the receiving stream or other waterbody will not be degraded,
and that the groundwater will not be adversely affected, by the
effluent discharged by the proposed facility shall be transmitted
to the planning commission by the planning director. Ail other
applications shall be returned to the applicant by the planning
director.
(b) Private sewage treatment faczlities shall be permmtted
only as conditional uses in the AG-1 and AG-2 Agricultural
Districts and in residential districts. No such facilzty shall be
permitted in any district as an accessory use or in a resource
protection area.
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(c) No such facility shall be permitted on any site for which
public sewer systems are reasonably available. The public
utilities director shall determine whether public sewer systems are
reasonably available.
(d) The following requirements and restrictions shall be
conditions of all conditional use permits granted by the city
council pursuant to this section, whether or not expressly stated:
(1) In the event a public sewer system operated by the City
of Virginia Beach or the Hampton Roads Sanitation
District becomes reasonably available to a site served by
a private sewage treatment facility, the facility shall,
within such time as may be prescribed in the conditional
use permit, be decommissioned and its sewage conveyance
system connected to the public system. The cost of
decommissioning and connection to the public sewer system
shall be borne by the owner or operator of the facility
and shall be bonded or otherwise secured by appropriate
surety prior to the issuance of a building permit;
(2) Such facilities shall be configured so as to facilitate
connection to the public sewer system;
(3) Such facilities shall be subject to inspection by the
city at all reasonable times and upon reasonable notice;
(4) The operator of the facility shall take samples of
influent and effluent from the facility on a daily basis
and shall analyze, or contract with a laboratory to
analyze, such parameters as may be deemed necessary by
the director of the~~=-~ .... ~ environmental management
planning. Analyses shall be submitted to the director
monthly.
At a minimum, such parameters shall, unless waived by the
director, include the following'
(i) Biochemical oxygen demand (BOD);
(ii) Total suspended solids (TSS);
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(iii) Fecal coliform;
(iv) Total residual chlorine, if chlorine is used;
(v) Ammonia (as elemental nitrogen);
(vi) Oil and grease;
(vii) Discharge flow;
(viii) Dissolved hydrogen (pH);
(ix) Temperature;
(x) Total organic carbon (TOC);
(5) In the event any discharge parameter set forth in the
facility's Virginia Pollutant Discharge Elimination
System (VPDES) permit is exceeded, the operator shall
immediately notify the planning director. The director
may, in such cases, require submissions of effluent
analyses more frequently than once per month;
(6) There shall be an annual fee paid by the owner or
operator of the plant in such amount as will defray the
cost of inspection and monitoring by the city;
(7) Operators shall be certified in accordance with the rules
and regulations of the state board for certification of
operators of wastewater works.
(e) An existing single-family or duplex septic system that
experiences a complete system failure shall be exempt from the
provisions of this section, and shall not be required to obtain a
conditional use permit for an alternative discharging sewage
system. However, for this exemption to apply, public sanitary
sewer must not be readily available and all available in-ground
sewage treatment systems must not be able to function on the site.
The alternative discharging sewer treatment system shall be
approved by the department of health and shall comply with all
department of health requirements and regulations.
(~_f) The provisions of this section shall be deemed to be
severable.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23rd day of October, 2001.
CA-8108
DATA/ORDIN / PROPOSED/c z o239-1 ord. wpd
R4
PREPARED: June 1, 2001
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AN ORDINANCE AMENDING DIMENSIONAL REQUIREMENTS
AND ALTERNATIVE RESIDENTIAL DEVELOPMENT IN THE
AG-1 AND AG-2 ZONING DISTRICTS
SECTIONS AMENDED: City Zoning Ordinance ~ 402 and 405
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 402 and 405 of the City Zoning Ordinance are
hereby amended and reordained to read as follows:
Sec. 402. Dimensional requirements. [AG-1 and AG-2]
The following chart lists the requirements within the AG-1 and
AG-2 Agricultural Districts for minimum lot area, width, yard
spacing, and height regulations for single-family dwellings. Note,
however, that minimum lot area, as stated in section 402(a) (1),
shall not be used to calculate density allowance. Allowable
density shall be determined in accordance with section 402(b).
(b) Residential density. The allowable density on each
tract of land as existing on the effective date of this ordinance
[June 28, 1994] shall be one dwelling unit for each fifteen (15)
acres of land capable of suppo~tin~ septic systems as described in
the comprehensive plan as soil area ~1 and soil area #2. Nothing
herein shall be construed as prohibiting the use by right of a lot
lawfully created on or prior to the effective date of this
ordinance for the purpose of constructing one single-family
dwelling, provided that such lot shall be connected to the public
sewerage system or meet the requirements of the 1982 Onsite Sewer
Requlations established by the Virginia Health Department. Such
dwellinqs must comply with the current Health Departments
regulations, and section 5B.5(b)and section 5B.5(d) of the S~te
Plan Ordinance. Additionally, any lot fifteen (15) acres or larger
meetinq the requirements of section 200(a) of this ordinance
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lawfully created on or prior to the effective date of this
ordinance may be subdivided of right into a total of two (2)
building sites provided that each lot satisfies all state and local
development regulations.
Sec. 405. Alternative residential development pursuant to
conditional use permits.
As an alternative to the residential development permitted by
right in the agricultural districts, the council may award a use
permit to allow residential development at a density greater than
that which is permitted by right. The following regulations shall
apply to residential development in the AG-1 and AG-2 Districts
pursuant to conditional use permits'
(a) Council may attach conditions to the use permit
governing the number of residential lots allowed on
the tract. In so doing, council shall apply the
following development criteria that are consistent
with the adopted provisions of the comprehensive
plan-
(l) On land that is nearly level well-drained or
moderately well-drained soils, as ~rf~ described
in appendix II-14 of the comprehensive plank
technical report as soil area ~1, with a seasonal
high-water table ~ from one and ~
(11/2) five-tenths (1.5) feet below grade t~
~=a~=~ ~,,~,~ ~uu~ (4) f==t as determined by the
Virginia Department of Health and meeting the
density allowances in section 200(a) of this
ordinance, the maximum density shall be one (1)
dwelling unit for each five (5) acres of land.
(2) On land that is nearly level with somewhat poorly,
poorly, or very poorly drained soils, as ~
described in o~p=~u~ ~-~ of the comprehensive
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(3)
plan, technical report as soil area ][2, with a
seasonal high-water table ranging from zero (0) to
'~ '~' five-tenths (1 5) feet
one and one-half ~/~j .
below qrade as determined by the Virginia
Department of Health ~ which occurs at more than
ri-' ..... J _---- 1---1 zr ICl /~ .....
above an elevation of five and five-tenths (5.5)
feet, based on National Geodetic Vertical Datum
(NGVD) of 1929 (~72 ADJ), and meeting the density
allowances in section 200(a) of this ordinance, the
maximum density shall be one (1) dwelling unit for
each ten (10) acres of land. These soils are those
termed sozl drazn=ge management
The acreage used to calculate rural residential
...... ~-- -1--~' ~- defined ' ---~-- ~'-' of
this ordinance. Evaluation of the soils of a
parcel for the purpose of determining the density
shall be conducted by a certified soil scientist
with confirmation of the results provided by the
~,,,=,,= ~ ,,=~Ith director of
aqriculture.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23rd day of October, 2001.
CA-8107
R4
ORDIN/PROPOSED/czo402-405ord.wpd
July 13, 2001
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AN ORDINANCE TO AMEND THE CITY ZONING
ORDINANCE PERTAINING TO FLEX SUITES
REQUIREMENTS
SECTION AMENDED' CZO ~ 507
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 507 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 507. Flex suites.
(a) Purpose. The purpose of this section is to enhance the
opportunities for affordable housing and independent living
available to senior citizens and disabled persons, while
maintaining the tranquility and integrity of single-family
residential neighborhoods.
(b) Requirements. Subject to the following provisions, flex suites
shall be allowed only by permit issued pursuant to subsection
(c) and only in single-family dwellings in zoning districts in
which they are permitted as principal uses:
(1) No more than one flex suite shall be permitted on any
~ lot;
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on this 23rd day of October, 2001.
CA-8106
DATA/ODIN/PROPOSED/czo507ord.wpd
R2 - PREPARED- August 20, 2001
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AN ORDINANCE AMENDING THE REQUIREMENTS FOR
LAND USE PLANS IN THE PD-H2 ZONING DISTRICT
SECTION AMENDED: City Zoning Ordinance § 1124
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 1124 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 1124. PD-H2 land use plan.
The land use plan shall provide for development of the
property within the PD-H2 District in a manner which is compatible
with the development and zoning of the land adjacent to the
district. The land use plan shall show how the proposed development
of the property would differ from that which would otherwise be
permitted in the underlying zoning district and the public benefit
to be gained by developing the property in a PD-H2 Dlstrzct.
The land use plan shall provide the following:
(a) Location of proposed streets;
(b) Proposed number of dwelling units;
(c) Total acreage of the site;
(d) Proposed housing types, location of areas devoted to each
housing type, acreage and number of units for each such
area, and the minimum lot size proposed for each area and
housing type;
(e) Location and nature of other proposed uses;
(f) Locatzon of proposed open spaces, public sites, and
recreational areas, nature of recreational facilities
proposed, ~n~means of maintenance of such and acreage of
each site;
(g) Regulations governing the hezght, setback requirements,
off-street parking requirements and sign restrictions for
each area within the PD-H2 project=~
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(h) Location and acreage of floodplain, flood frlnqe,
floodway and wetlands.
When adopted, the ?D-H2 land use plan shall serve as a
supplement to and, where they conflict, as a replacement for, the
zoning regulations of the underlying district. The land use plan
shall not, however, supplement or replace any of the requirements
of the subdivision ordinance.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23~d day of October, 2001.
CA-8105
DATA/ORDIN/PROPOSED/czol124ord.wpd
Ri
PREPARED- May 18, 2001
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AN ORDINANCE AMENDING AND ADDING SITE PLAN
REQUIREMENTS AND DEFINITIONS OF "FLOODPLAIN,"
"AND "ZONING LOT"
" "GROSS ACREAGE,
"WETLANDS,
TO THE SITE PLAN ORDINANCE
SECTIONS AMENDED' Site Plan Ordinance §~ 1.10,
1.15, 4.4.B, and 5.6.B
SECTIONS ADDED'
Site Plan Ordinance ~ 1.17,
1.18, 4.1.B.16 and 4.1.B.17
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Sections 1.10, 1.15, 4.4.B, and 5.6.B of the Site Plan
Ordinance are hereby amended and Sections 1.17, 1.18, 4.1.B.16 and
4.1.B.17 are added to read as follows-
Sec. 1. Definitions.
1.10. Reserved. Gross acreage, m~_~= total area measu==~ zn
........ :~- .... L .......... : .... i g lot ..... of ng
lot o~1= be the total area ~=~ the lot l~n=s of the zoning lot,
including utility easements but exclusive of rig~hts-of-way for
ingress or egress in favor of others, of easements for major
draznage channels, and of major wuu~=s of wat=r.
1.15. Zoning lot. A lot or any portion thereof, or contiguous
lots of the same ownership within a single zoning district which
are to be used, developed or built upon as a unit. For the purpose
of this definition, lots of the same ownership separated solely by
an alley of no more than twenty (20) feet in w~dth and by a
distance not exceedinq the width of the alley shall be considered
contiguous.
1.17. Floodplain. That land area adjoinzng a river, stream,
watercourse, ocean, bay, or lake, which is subject to inundation.
Floodplains shall be determined as the land situated below the
34 elevation of'
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(a) That recorded by the maximum elevation of the flood
water of record;
(b) The intermediate flood level as determined by the U.S.
Army Corps of Engineers; or
(c) The flood level as determined by the department of
public works, whichever is greater.
Any changes in the delineation of the intermediate flood level are
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subject to approval by the federal insurance administrator.
1.18. Wetlands. Areas shall include those defined in section
1401 (e) (f) (j) of the City Zoning Ordinance (Appendix A) and shall
also include tidal wetlands, which are vegetated and nonveqetated
wetlands, as defined in section 1401 of the City Zoning Ordinance
(Appendix A); and nontidal wetlands, which are those wetlands,
other than tidal wetlands, that are inundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated
soil conditions, as identified or referred to in the Czty of
Virginia Beach Soil Survey by soil names Backbay Mucky Peat;
Duckston portion of Corolla-Duckston Fine Sands; Dorovan Mucky
Peat; Duckston Fine Sand; Nawney Silt Loam; Pamlico Mucky Peat;
Pammlco-Lakehurst Variant Complex; Rapahannock Mucky Peat, Strongly
Saline or Pocaty Peat; and any other lands which under normal
conditions are saturated to the ground surface and connected by
surface flow and contiguous to tidal wetlands or tributary streams.
Sec. 4. Information required on site development plan.
B. Ex~stmng and required s~te features and ~mprovements'
.
The topographic survey, showing the elevation of streets,
alleys, buildings, structures, water courses and their
names. The topography shall be shown by adequate spot
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elevations. The finished grade for the entire site shall
be shown and the proposed lowest floor elevation of all
buildings (except for detached garages and storage areas
which shall be located at or above the one-hundred-year
flood elevation) shall be a m~nimum of one foot above the
elevation of (a) the flood water of record of [or] (b)
the intermediate flood level as determined by the U.S.
Army Corps of Engineers or (c) the flood level as
determined by the department of public works, whichever
is greater Ail elevations shall be ce~t~ ..... ~
referenced to National Geodetic Vertical Datum (NGVD) of
· ~T~, datum 0 00 mean sea level
1929, 1972 adjustment (~,~ . .
Ail horizontal dimensions shown on the s~te development
plan shall be in feet and decimals of a foot. Ail
bearings in degrees, minutes and seconds. Additmonally,
on all residential site plans single-family, two-family,
duplex and townhouses, the following information must be
provided-
a. The following statements and information shall
appear on the site plan'
(5) "THE PROPOSED RESIDENTIAL DWELLING STRUCTURE
IS NOT LOCATED IN A SPECIAL FLOOD HAZARD AREA
AS DETERMINED FROM THE NATIONAL FLOOD HAZARD
INSURANCE PROGRAM FLOOD INSURANCE RATE MAP
(FIRM) COMMUNITY-PANEL NO.
DATE D ,"
for any residential lot located wholly or
partially within the floodplains sub7ect to
special restrictions of section 5B.5(c) of
this ordinance and recorded after the
effective date of this ordinance ( ).
(6) "ALL OR A PORTION OF THIS SITE IS LOCATED IN A
SPECIAL FLOOD HAZARD AREA, AS DETERMINED FROM
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INSURANCE RATE MAP (FIRM) COMMUNITY-PANEL
NO. DATED ," for any land located
in the Special Flood Hazard Area, as shown on
the most recently City Council adopted Flood
Insurance Rate Map (FIRM) prepared by the
United States Federal Emergency Management
AGency.
16. Location and identification of wetlands.
17. Location and identification of the floodplain.
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Sec. 5. Minimum standards and specifications requmred.
5.6.B. A percentage of the gross acreage lot area within
all multifamily developments shall be devoted to
recreation and/or usable open space, as prescribed
by the zoning ordinance.
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Adopted by the City Council of the City of Vlrginma Beach,
Virginia, on this 23r'~ day of October, 2001.
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CA-8103
DATA/ODIN/PROPOSED/siteplanl-4-5ord.wpd
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PREPARED- June 4, 2001
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AN ORDINANCE AMENDING AND ADDING DESIGN
STANDARDS, PLAT REQUIREMENTS, AND DEFINITIONS
OF "FLOODPLAIN" AND "WETLAND" TO THE
SUBDIVISION ORDINANCE
SECTIONS AMENDED: Subdivision Ordinance ~§ 4.4, and 6.1
SECTIONS ADDED: Subdivision Ordinance §~ 1.5
and 1.6
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 4.4, and 6.1 of the Subdivision Ordinance are
hereby amended and Sections 1.5 and 1.6 are added to read as
follows:
Sec. 1.5. Floodplain.
That land area adjoining a river, stream, watercourse, ocean,
bay, or lake, which is subject to inundation. Floodplazns shall be
determined as the land situated below the elevation of:
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(a) That recorded by the maximum elevatzon of the flood water
of record;
{b) The intermediate flood level as determined by the U.S.
Army Corps of EnGineers; or
(c) The flood level as determined by the department of public
works, whichever is greater.
Any changes in the delineation of the intermediate flood level are
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subject to approval by the federal insurance administrator.
Sec. 1.6. Wetlands.
Areas shall znclude those defined in section 1401 (e) (f) (~) of
the City Zoning Ordinance (Appendix A) and shall also include tidal
wetlands, which are vegetated and nonveGetated wetlands, as defined
in section 1401 of the City Zoning Ordinance (Appendzx A); and
nontidal wetlands, which are those wetlands, other than tidal
wetlands, that are inundated or saturated by surface or Ground
water at a frequency and duration sufficient to support, and that
under normal circumstances do support, a prevalence of vegetatzon
typically adapted for life in saturated soil conditions, as
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identified or referred to in the City of Virginia Beach Soil Survey
by soil names Backbay Mucky Peat; Duckston portion of Corolla-
Duckston Fine Sands; Dorovan Mucky Peat; Duckston Fine Sand; Nawney
Silt Loam; Pamlico Mucky Peat; Pamlico-Lakehurst Variant Complex;.
Rapahannock Mucky Peat, Strongly Salzne or Pocaty Peat; and any
other lands which under normal conditions are saturated to the
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ground surface and connected by surface flow and contiguous to
tidal wetlands or tributary streams.
Sec. 4.4· Lots.
(a) Lot size, width, depth, shape and orientation and m~n~mum
building setback lines shall be approprmate for the location of the
subdivision and the type of development and use contemplated.
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(1) Ail subdivision lots created in the floodplain must meet
all requirements in section 5B of the Site Plan Ordinance (Appendzx
c).
Sec. 6.1. Preliminary plats and data--Generally.
The preliminary plat shall be at a scale of not less than one
inch equals one hundred (100) feet and may be of one or more sheets
as necessary. The plat shall include or be accompanied by the
following:
(j) Topographic map of a suitable scale and contour ~nterval,
as determined by the city engineer, where a grading and
drainage plan is required by the specmfications of the
department of public works, as approved by the councml of
the City of Virginia Beach. Vertzcal control shall be
based on U ~ Coast and ....... ~- Survey
.o. -- Data "mean s=
level" as =o~ou~o~=u zn l~u9 National Geodetic Vertzcal
Datum (NGVD) of 1929, 1972 adjustment.
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(n) Where wetlands are within a subdivision, the preliminary
plat shall identify and delineate the location of all
such wetlands.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23rd day of October, 2001.
CA-8104
DATA/ORDIN/PROPOSED/subordl-5etalord.wpd
R4
PREPARED- June 4, 2001
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AN ORDINANCE AMENDING REQUIREMENTS FOR
LOCATION OF RESIDENTIAL STRUCTURES, FILLING IN
FLOODPLAINS SUBJECT TO SPECIAL RESTRICTIONS
AND ESTABLISHING REQUIREMENTS FOR THE
SUBMISSION OF FLOODPLAIN VARIANCE APPLICATIONS
AND PERFORMANCE STANDARDS PERTAINING TO THE
GRANTING OF FLOODPLAIN VARIANCES
Section Amended: Site Plan Ordinance ~5B
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 5B of the Site Plan Ordinance of the City of
Virginia Beach be, and hereby is, amended and reorda~ned to read as
follows:
Sec. 5B. Floodplamn regulations.
5B.5.
Special requirements applicable to the floodplain'
(b) Regulation of flood fringes and approximated floodplain. New
construction or substantial improvements to existing
structures permztted in the flood fringe and approximated
floodplain shall be so located, elevated, and constructed so
as to resist flotation and to offer minimum obstruction to
flood flow. Residential dwellinq structures shall not be
located within the floodplains subqect to special restrmctzons
set forth in section 5B.5(c) of this ordinance on lots created
after the effective date of this ordinance (October 23, 2001)
Residential dwellinq structures located in the floodplains
subject to special restrictIons as of the effective date of
this ordinance (October 23, 2001) may be expanded with
attached additions to a total footprint of less than one
thousand (1000) square feet; such additions shall also comply
with the requirements set forth in section 5B.4(c) of this
ordinance.
(c) Floodplains subject to special restrictions. Notwithstanding
any provision~ of this section to the contrary, theze shall be
no filling shall be permitted, includinq fillinq with material
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excavated from the same floodDlalnL in any of the following
floodplains:
(1) North Landing River and its tributaries south of
Lynnhaven Parkway;
(2) West Neck Creek and its tributaries south of Shlpps
Corner Road, ~ London Bridge Road and that portion of
Dam Neck Road east of its ~ntersection w~th London Bridge
Road; and
(3) Bays, creeks, lakes, guts, coves, wetlands, marshes and
swamps and their tributaries comprising the Back Bay
watershed south of South Birdneck Road and east of
Princess Anne Road and General Booth Boulevard.
for the purpose of altering the contour of the land and that would
decrease the flood storage capacity or adversely affect storm water
Glow condztzons as ~=~L~=~ upon review b~ the city engzneer
except for 1) the purpose of public roadway constructzon or other
smmilar public works constructional and except or 2) the
maintenance of bonafide agricultural d~tches or swales, or those
ditches required for proper lot drainage; to provzde t~he minimum
~,L~ ~ ~ ~ ~o~ adequate functmoning of a septzc tank
~ 3) as provided in subsection 5B.5(d); or 4) the C~ty
Manager, or his designee, may approve the placement of f~ll
provided that the following criteria are met-
(a) One hundred percent (100%) of the proposed fill
within the floodplain must be mitigated to result
in no decrease in flood storage.
(b) The mitigation must also provide a one (1) for one
(1) replacement for the flood storage volume of
floodplain filled.
(c) The areas of mitigation or replacement must be
contiguous to the existing floodplain.
(d) The proposed fill w~thmn the floodplazn must be
limited to the smallest amount of area and f~ll
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possible to correct irregularities within the
boundary of the project, and shall not exceed five
percent (5%) of the total area within the flood
frinqe located on the property to be f~lled.
d). One hundred percent (100%) m~tlgat~on must be
provided on-site.
(d) Previously recorded sinGle-family lots. Notwmthstandinq the
provisions set forth in subsection (c) above, the followmng
provisions shall apply to lots on whmch smngle-famlly
dwellings are permitted by right and whmch were recorded prmor
to the date of adoption of this subsection and meet the
requirements of section 402(b) of the Czty Zonmng Ordinance:
(1) the minimum necessary fill shall be permmtted for a
driveway or other on-site parking area and to ensure the
proper functioninq of a septic system;
(2) the minimum necessary fill shall be permitted to ensure
proper lot drainaqe given the existmng and proposed
development in the immediate area; and
(3) the minimum necessary fill shall be permitted to meet
Virginia Uniform Statewlde Building Code requirements for
slab or crawl foundations.
(4) The minimum fill shall be permitted to construct any
attached addition less than one thousand (1000) square
feet, to an existing single-family dwellinq as of the
date of this ordinance (October 23, 2001).
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5B.8. Floodplain ~v_ariances'
(a) Notwithstanding any other provision of this ordinance, the
city council may grant such variances from the terms of th~s
section as will not be contrary to the public interest in
cases in which the strict application of the provisions of
this section would effectively prohibit or unreasonably
restrict the use of the subject property; provided, however,
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that no variance shall be granted unless the city council
finds that (1) such variance will not create or result in
unacceptable or prohibited increases in flood heights,
additional threats to public safety, extraordinary publmc
expense, nuisances, fraud or victimization of the public; (2)
the granting of such variance will not be detrimental to other
property in the vicinity; (3) the circumstances giving rise to
the variance application are not of a general or recurring
nature; (4) such circumstances arise from the physical
character of the property or from the use or development of
adjacent property and not from the personal situation of the
applicant; and (5) the granting of such variance will not be
in conflict with any ordinance or regulatmon of the city.
(e) Applications for variances from the requirements of this
section shall be made to the city council and fmled with the
director of planning. The fee for such applications shall be
Four Hundred Sixty-Seven Dollars ($467.00). The director
shall not accept any application not accompanied by payment of
the required fee. The procedure for the advertmsing, hearing
and determination of applications for floodplain variances
shall be in accordance with the requmrements pertainmng to
applications for subdivision variances, as set forth mn
Section 9.4 of the Subdivision Ordinance. Applications shall
be accompanied by the following-
(1) A separate map, on a 1" = 100' or greater scale,
identifying all proposed land disturbance and the limmts
of the existinq and proposed floodplain; and
(2) A preliminary floodplain study addressinq the physmcal
and environmental characteristics of the floodplain
located on adjoining properties and in the general area.
Such study shall be sufficient to show that the variance,
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if granted, will meet the performance standards set forth
in subsection (f), and in addition thereto, shall:
(i) contain supporting data and calculations as
appropriate, given the preliminary nature of the
floodplain study;
(ii) comply with all applicable Public Works
Specifications and Standards; and
/iii) be certified by a licensed professional engineer or
other qualified professmonal.
(f) No variance shall be granted unless the following performance
standards are met:
(1) filling shall be limited to the smallest volume and area
possible;
(2) floodplain storage capacity shall be mitmgated at a one-
to-one ratio of storage capacity created for area f~lled
to ensure no net loss of storage occurs as a result of
filling;
(3) all floodplain mitigation shall be located on the pro~ect
site and shall be located contiguous to the existing
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floodplain;
(4) the general characteristics and functions of the
floodplain shall not be adversely affected; and
(5) wetlands protection and buffer area requirements set
forth in section 7 of the Southern Watersheds Management
Ordinance (Appendix G) are met or a variance therefrom ms
granted.
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Adopted by the City Council of the City of Virginia Beach on
the 23~d day of October, 2001.
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CA-00-7849
ordin\proposed\floodplainordinB.wpd
R-10
August 23, 2001
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AN ORDINANCE AMENDING AND ADDING DEFINITIONS
FOR "FLOODPLAIN" AND "WETLANDS" AND DESIGN
CRITERIA TO THE STORMWATER MANAGEMENT
ORDINANCE
SECTION AMENDED: Stormwater Management Ord.
Section 4
SECTION ADDED: Stormwater Management Ord.
Section 9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 4 of the Stormwater Management Ordinance
hereby amended and Section 9 is added to read as follows:
Sec. 4. Definitions.
Unless specifically defined below, words or phrases shall be
interpreted so as to give them the meaning they have in common
usage and to give this ordinance its most effective application.
Words used in the singular shall include the plural, and the plural
the singular; words used in the present tense shall ~nclude the
future tense. The word "shall" connotes mandatory and not
discretionary; the word "may" is permissive.
Floodplain means those areas adjoining a river, stream,
' ..... ~-= ~==1 to be covered
channel, ocean, ual or lake w.~ch are I~ ...... by
~ adjoining a river, stream, watercourse, ocean, bay, or
lake, which are subject to inundatmen. Fleodplalns shall be
determined as the land situated below the elevatien el'
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(a) That recorded by the maxmmum elevation of the flood water
of record;
(b) The intermediate flood level as determined by the U.S.
Army Corps of Engineers; or
(c) The flood level as determined by the department of public
works, whichever is qreater.
Any chanqes in the delineation of the intermediate flood level are
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subject to approval by the federal insurance adminmstrator.
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Wetlands means those areas where defined in section 1401
(e) (f) (j) of the City Zoninq Ordinance (Appendix A) and shall also
include tidal wetlands, which are veqetated and nonveqetated
wetlands, as defined in section 1401 of the Cmty Zoning Ordinance
(Appendmx A); and nontidal wetlands, which are those wetlands,
other than tidal wetlands, that are mnundated or saturated by
surface or ground water at a frequency and duration sufficient to
support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for lmfe in saturated
soil conditions, as mdentified or referred to mn the City of
Virginia Beach Soil Survey by soil names Backbay Mucky Peat;
Duckston portion of Corolla-Duckston Fine Sands; Dorovan Mucky
Peat; Duckston Fine Sand; Nawney Smlt Loam; Pamlico Mucky Peat;
Pamlico-Lakehurst Variant Complex; Rapahannock Mucky Peat, Strongly
Saline or Pocaty Peat; and any other lands which under normal
conditmons are saturated to the ground surface and connected by
surface flow and contiguous to tidal wetlands or tributary streams.
' ' .... 12 .... 2 1 .. ' _
(I) m~_~= soil is u~u~=~y saturated with water,
(2} The dominant plant cos~Lun~ty is one {I) u~ ~,,u~= u= ~uo=
species designated by the U. o. n~m~ Corps of~ngineers
as identifying wetlands or the transitional zone of
wetlands; or
{3) m~=z= =~st vegetated .... 1-'-~-"
· ~ ~=~uo or "nonvegetated
wetlands" as deli--~=u in the ....... ~==~u~uo~ zoning ordinance.
Sec. 9. Design criteria.
To ensure attamnment of the objectives of thzs ordmnance and
to ensure that performance standards will be met, the design
construction and maintenance of drainage systems shall be in
accordance with the specifications outlined in the manual of
stormwater management practices described zn section 11 and shall
meet the following design criteria:
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(u) No structural stormwater management facilities shall be
constructed within the one hundred-year floodplain of the
floodplain subject to special restrmctions, as enumerated mn
5B.5(c) of the Site Plan Ordinance (Appendix C) or mn the southern
watersheds as enumerated in 2(a) of the Southern Watersheds
Management Ordinance (Appendix G).
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Adopted by the City Council of the City of Vmrginia Beach,
Virginia, on this 23rd day of October, 2001.
CA-8102
DATA/ODIN/PROPOSED/swmo4&9ord.wpd
R4
PREPARED- May 30, 2001
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AN ORDINANCE AMENDING THE DEFINITION OF
"NONTIDAL WETLANDS" AND THE AREA OF
APPLICABILITY AND PLAN OF DEVELOPMENT PROCESS
TO THE CHESAPEAKE BAY PRESERVATION AREA
ORDINANCE
SECTIONS AMENDED' Chesapeake Bay Preservation
Area Sections 103, 104, and
110
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Sections 103, 104, and 110 of the Chesapeake Bay
Preservation Area Ordinance are hereby amended and reordained to
read as follows'
Sec. 103. Definitions.
The following words and terms used in this ordinance shall
have the following meanings, unless the context clearly indicates
otherwise.
· · .
Nontidal wetlands. Those wetlands other than tidal wetlands
that are inundated or saturated by surface or ground water at a
frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically
adapted for life in saturated soil conditions identified or
referred to in the City of Virginia Beach Soil Survey by so~l names
Backbay Mucky Peat; Duckston portion of Corolla-Duckston Fine Sand;
Dorovan Mucky Peat; Duckston Find Sand; Nawney Silt Loam; Pamlico
Mucky Peat; Pamlico-Lakehurst Variant Complex; Pocaty Peat; or
Rappahannack Mucky Peat, Strongly Saline; and any other lands which
under normal conditions are saturated to the qround surface and
connected by surface flow and contiquous to tidal wetlands or
tributary streams.
Sec. 104. Areas of applicability.
(A) The Chesapeake Bay Preservation Area Ordinance shall apply to
all lands which are included in the Chesapeake Bay watershed
within the City of Virginia Beach. Such lands are designated
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as Chesapeake Bay Preservation Area on the Chesapeake Bay
Preservation Area Map.
(B) Resource protection areas shall include the following
components·
(1) Tidal wetlands;
(2) Nontidal wetlands~ consisting of soil types Dackbay Mucky
Feat; Corolla-Duc~oton sm,,= ~,,uo, uuzuv~,, ,~y Peat, Duckston
~--~= ....... = ........... ~--= Compl--- Pocaty Peat- Rapp ........ k
Muc'~ ..... F=~t, Strongly S-~--- '
=~=; and any other lands whzch---~-r normal
saturated t the ground
ou~e flow and contzguouo to tmu~ wetlands or trzbutary st~=ams,
(3) Tidal shores;
(4) Highly erodible soils; and
(5) A one-hundred-foot vegetated buffer area located adjacent
to and landward of the components listed in (1) through
(4) above, and along both sides of any tributary stream.
· ·
Sec. 110. Plan of development process.
(A) General plan of development process. Except as otherwise
provided herein, the plan of development process for any
development or redevelopment in a Chesapeake Bay Preservation
Area shall consist of the plans and information identified
below-
(1) A site plan or a subdivision plat which meets the
requirements of the Site Plan Ordinance [Appendix C] or
Subdivision Ordinance [Appendix BI, as the case may be,
and which clearly delineates the following environmental
features-
(a) Tidal wetlands;
(b) Tidal shores;
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(c) Nontidal wetlandsl as ~=~ forth
1 ~ - ordinance The location and
v~(~) (2) of thi~
extent of the nontidal wetlands shall be determined
in accordance with the procedures specified in the
Federal Manual for 7=~=~~ and Delzneatmng
Jurisdictional Wetlands United States Corps of
Enqineers' Wetland Delineation Manual, Technical
Beport Y-87-1, January 1987, Final Report, as
restricted by section 104(B) (2) 103 of this
ordinance.
(d) Highly erodible soils; and
(e) A buffer area one hundred (100) feet in width,
located adjacent to and landward of components (a)
through (d) and along both sides of any tributary
stream.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23~ day of October, 2001.
CA-8101
DATA/ODIN/PROPOSED/cbpaord.wpd
R3
PREPARED' May 29, 2001
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AN ORDINANCE ADDING AND AMENDING DESIGN
CRITERIA AND DEFINITIONS FOR "FLOODPLAIN" AND
"NONTIDAL WETLANDS" TO THE SOUTHERN WATERSHEDS
MANAGEMENT ORDINANCE
SECTIONS AMENDED: SWMO ~ 4 AND 8
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 4 and 8 of the Southern Watersheds Management
Ordinance are hereby amended and reordained to read as follows:
Sec. 4. Definitions.
The following words and terms used in this ordinance shall
have the following meanings, unless the context clearly indicates
otherwise:
(n) Floodplain' That land area adjoininq a river,
stream, watercourse, ocean, bay, or lake, which is subject to
inundation. Floodplains shall be determined as the land s~tuated
below the elevation of:
(a) That recorded by the maximum elevation of the flood water
of record;
(b) The intermediate flood level as determined by the U.S.
Army Corps of Enqineers; or
(c) The flood level as determined by the department of publzc
works, whichever is qreater.
Any changes in the delineation of the intermediate flood level are
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subject to approval by the federal insurance administrator.
Ahn-~ (o) Forebay: An extra storage area provided near the
inlet to a best management practice facility to trap incoming
sediments.
~ (p) Grade control structures: A mechanical device used
to collect surface water from a given elevation and outlet it at a
lower elevation for purposes of minimizing erosion of a slope or
ditch bank.
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~ (q) Hoe drain or power take-off drain: A shallow surface
drain constructed perpendicular to the orientation of rows of crops,
used for the purpose of collecting and transporting excessive water.
~ (r) Impervious surface: A surface which is compacted or
covered with a layer of material so that it is highly resistant to
infiltration by water, including, but not limited to, most
conventionally surfaced streets, roofs, sidewalks, parking lots, and
other similar structures.
~ (s) Land disturbance: Any activity which causes,
contributes to, or results in the removal, destruction or covering
of the vegetation upon any land, including, but not limited to,
clearing, dredging, filling, grading or excavating. The term shall
not include minor activity such as home gardening, individual home
landscaping and home maintenance.
~ (t) Natural heritage resources: Rare, threatened or
endangered species and their habitat, rare or state-significant
natural communities or geologic sites, and similar features of
scientific interest benefiting the welfare of the citizens of the
commonwealth pursuant to the Virginia Natural Area Preserves Act of
1989.
~ (u) Natural system: A system which predominantly
consists of or uses those communities of plants, animals, bacteria
and other flora and fauna which occur indigenously on the land, in
the soil, or in the water.
~ (v) Nontidal wetlands: Those wetlands, other than tidal
wetlands, that are inundated or saturated by surface or ground water
at a frequency and duration sufficient to support, and that under
normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, as
identified or referred to in the City of Virginia Beach Soil Survey
by soil names Backbay Mucky Peat; Duckston portion of
Duckston-Corolla Corolla-Duckston Fine Sands; Dorovan Mucky Peat;
Duckston Fine Sand; Nawney Silt Loam; Pamlico Mucky Peat;
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Rapahannock Mucky Peat, Strongly Saline ern~ or Pocaty Peat; and any
other lands which under normal conditions are saturated to the
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70 wetlands or tributary streams.
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~v~ (w) Noxious weed' A plant which is undesirable because
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it conflicts with, restricts or otherwise interferes with management
objectives of this ordinance, including, but not limited to,
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Johnsongrass, Purple Loosestrife and Shattercane.
~ (x) Person' An individual, fiduciary, corporation, firm,
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partnership, association, organization, municipal corporation or
other entity or combination thereof.
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~ (y) Property line ditch: A ditch or canal used as, or
located upon, a boundary between adjacent properties in private
ownership.
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Receiving body: Any water body, watercourse or
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83 ditches or in a closed conduit system.
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(aa) Retention' The collection and storage of runoff
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{aa) (bb) Sediment' Particulate material, whether mineral or
87 organic, that is in suspension or has settled in a water body.
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(cc) Sedimentation facility: Any structure or area which
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is designed to hold runoff water until suspended sediments have
settled.
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~ (dd) Shoreline' The interface between land and the
92 ordinary high-water mark.
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~ (ee) Silviculture' The care and cultivation of forest
94 trees.
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{ee) (ff) Site' Any tract or parcel of land, or combination of
tracts, lots or parcels of land which are in common ownership or are
contiguous and in diverse ownership where development is to be
performed as part of a subdivision or construction project.
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edifice or building of any kind or any piece of work artificially
built up or composed of parts joined together in some definite
manner, but not including fences or signs.
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~ (hh) Subdivision: The division of any parcel of land into
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two (2) or more lots or parcels. The term shall include all changes
in lot lines, the creation of new lots involving any division of an
existing lot or lots and, if a new street is involved in such
division, any division of a parcel of land. When appropriate to the
context, the term shall also include the process of subdividing and
the territory subdivided.
~ (ii) Tidal wetlands: Vegetated and nonvegetated wetlands,
111 as defined in section 1401 of the City Zoning Ordinance [Appendix
112 A] .
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(ii) (j j) Tillage equipment' Farm equipment commonly used to
114 invert the soil surface layer, including, but not limited to, disc
115 harrows and moldboard plows.
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(jj) (kk) Trzbutary stream' A watercourse contiguous to
117 wetlands or shorelines, as defined in this ordinance.
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(kk) (11) Vegetation' Ail plant growth, including, but not
119 limited to, trees, shrubs, vines, ferns, herbs, mosses and grasses.
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(II) (mm) Waters or community of waters' Any and all water on
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or beneath the surface of the ground, including the water in any
watercourse, water body or drainage system and diffused surface
water and water percolating, standing or flowing beneath the surface
of the ground, as well as coastal waters.
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~ (nn) Watercourse' Any natural or artificial stream,
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river, creek, channel, ditch, canal, conduit, culvert, drain,
waterway, gully, ravine, swale or wash in which water flows, either
continuously or intermittently, and which has a definite channel,
bed or banks.
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t~ (oo) Water-dependent facility: A development of land
which must be located on a shoreline by reason of its intrinsic
nature, including, but not limited to, ports, intake and outfall
structures of power plants, water treatment plants, sewage treatment
plants, storm sewer outfalls, marinas and other boat docking
structures, beaches and other public water-oriented recreational
areas, fisheries or other marine resource facilities and shoreline
protection measures as authorized under the provisions of the
Wetlands Zoning Ordinance. [Appendix A, ~ 1400 et seq.]. In the case
of facilities having both water-dependent components and components
which are not water-dependent, only those portions which are
water-dependent shall fail within this definition.
t~ (PP) Wetlands: Tidal and nontidal wetlands as defined
herein.
Sec. 8. Design criteria.
In order to ensure that the objectives of this ordinance and
the performance standards set forth hereinabove will be attained,
development subject to the provisions of section 7(e) shall be in
accordance with the following requirements, which shall be in
addition to the requirements of subsections (a), (b), (c) and (d)
of section 7:
(1) No structural best management practice (BMP) facility
shall be constructed within the ~ one hundred-year
dpl i j .......... ' ...... ' ......
River Road and adjacent to the North Landing River south
to North Landing~v~,--= to ~nc~= S~l=,,, Canal;
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23r~ day of October, 2001.
CA-8111
DATA/ODIN/PROPOSED/swmo4-8ord.wpd
R2
PREPARED: May 30, 2001
- 53 -
Item VI-K. 7. n.
PLANNING
ITEM # 48825
BY CONSENSUS, City Council took NO ACTION thts date, however, they scheduled for advertising
thts Amendment for the Ctty Counctl Formal Sesston November 2 7, 2001:
Ordtnance to AMEND the Ctty Zomng Ordtnance (CZO)
~502 reducing rear and stde yard setback reqmrements for certatn
accessory structures tn all restdenttal zontng dtstrtcts, tncreastng rear yard
setback requtrements for duplex and semtdetached dwelhngs tn R-SR,
estabhshtng a maxtmum hmttatton on tmpervtous surface coverage for
duplex and semtdetached dwelhngs tn the R-5R, and, tncludtng garages tn
the determtnatton offloor area ratto for duplex and semtdetached dwelhngs
tn R-SR
October 23, 2001
- 54 -
Item VI-L. 1.
APPOINTMENTS
ITEM # 48826
Upon NOMINATION by Councdman Jones,, Ctty Counctl APPOINTED
Delceno C. Miles
Unexpired plus 2 years thru 12/31/03
SENIOR SER VICES OF SOUTHEASTERN VIRGINIA - SEVAMP
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, I'Vdham W Harrison, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Nancy K Parker, Vtce Mayor IJ,'tlham D Sessoms, dr and
Rosemary I'Vtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 55-
Item VI-L.2.
APPOINTMENTS
ITEM # 4882 7
ADD-ON
Upon NOMINATION by Councdman Jones,, Cay Counctl APPOINTED
Christopher J. Fanney
Unexpired plus 4 years thru 12/31/05
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION- VBCDC
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 56-
Item VI-N. 1.
NE W BUSINESS
ITEM # 48828
B Y CONSENSUS, the Ctty Clerk wtll Record the ABSTRA CT OFLEGAL CIVIL CASES - Resolved
By the Ctty Attorney - September 2001
October 23, 2001
-57-
Item VI-N.2
NE W BUSINESS
ITEM # 48829
Gregg Johnson, Engtneertng Servtces, 3351 Stoneshore Road, Phone 468-6800, represented Jean Stebert,
and spoke tn SUPPORT of the Or&nance
Upon motton by Councdman Jones, seconded by Counctl Harrtson, Ctty Counctl ADDED:
Ordtnance to estabhsh "Transition" rules for Amendments re
Floodplains.
Vottng 10-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Mayor Meyera E Oberndorf
October 23, 2001
Item VI-N. 3
- 58-
NEW BUSINESS
ITEM # 48830
Gregg Johnson, Engtneertng Servtces, 3351 Stoneshore Road, Phone 468-6800, represented Jean &ebert,
and spoke tn SUPPORT of the Ordtnance
Upon motion by ounctlman Jones, seconded by Councilman Harrtson, Ctty Counctl ADOPTED
Ordinance to estabhsh "Transition" rules for Amendments re
FLOODPLAINS
Vottng" 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, ,Ir,
Barbara M Henley, Louts R Jones, Reba S McCIanan, Robert C
Mandtgo, Jr, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, dr
and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Member Absent
Mayor Meyera E Oberndorf
October 23, 2001
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AN ORDINANCE ESTABLISHING TRANSITION
RULES FOR AMENDMENTS IN REGARD TO
FLOODPLAINS
WHEREAS, on October 23, 2001, the City Council adopted
ordinances amending Sections 106, 111, 200, 239.1, 402, 405, 507,
and 1124 of the City Zoning Ordinance; Sections 4.4, 6.1, 1.5 and
1.6 of the Subdivision Ordinance; Sections 1.10, 1.L5, 4.4.B,
5.6.B, 1.17, 1.18, 4.1.B, 4.1.B.17, and 5B of the Site Plan
Ordinance; Sections 4 and 9 of the Stormwater Management Ordinance;
Sections 103, 104, and 110 of the Chesapeake Bay Preservation Area
Ordinance; and Sections 4 and 8 of the Southern Watersheds
Management Ordinance; hereinafter referred to as "the Ordinances."
WHEREAS, the Ordinances became effective on the date of
their adoption; and
WHEREAS, it is the sense of the C~ty Council that
transition rules should be adopted to govern cases in which plans
for development of establishments subject to the provisions of the
Ordinances have been submitted, but not approved, prior to the
effective date of the Ordinances.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That site plans and subdivision plats for
developments which are subject to the provisions of the Ordinances
which were accepted for review, but neither approved nor
disapproved, on or before the close of bus,ness on the effective
date of the Ordinances, shall not be subject to the provisions of
the Ordinances, but shall be required to comply with the ordinances
and regulations of the City applicable to such developments on the
date of their acceptance for review;
2. That any such site plan or subdivision plat which
was accepted for review on or before the close of business on the
effective date of the Ordinances, but which was d~sapproved, or
which is hereinafter disapproved, shall, if resubmitted within
thirty (30) days of the date of disapproval, or within thirty (30)
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days of the effective date of the Ordinances, whichever is later,
be subject to the ordinances and regulations of the C~ty applicable
to such developments on the date of their acceptance for review;
3. That the provisions of Paragraph 2 hereinabove shall
apply only to the first resubmittal of a site plan or subdivlsmon
plat whzch has been disapproved, such that if disapproved upon
resubmittal after the effective date of the Ordinances, all further
development of the subject property shall conform to the proviszons
of the Ordinances, as well as to all other applicable laws,
ordinances, regulations, and standards; and
4. That nothing in this Ordinance shall be construed to
deprzve or deny any person of any vested rights which existed as of
the effective date of the Ordinances.
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Adopted by the Council of the City of V~rgin~a Beach,
Virginia, on the 23rd day of October, 2001.
CA-8284
ORDINkNONCODEkfloodtranord.wpd
R-1
October 23, 2001
NEW BUSINESS
- 59 -
ITEM # 48831
Upon motton by Counctlman Branch, seconded by Counctlman Harrtson, Ctty Counctt ADDED:
RECONSIDERATION 11/27/01, PA UL C. L OWN app h c a t t o n for
Condtttonal Use Permtt (3 restdential untts) at Urchtn Road/Ocean
Avenue.(Dtstrtct 5 - L YNNHAVEN) (LO9ST TO A Negattve Vote -
October 2, 2001)
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham IV Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor IVtlham D Sessoms, Jr and
Rosemary IVtlson
Counctl Members Vottng Nay
None
Counctl Members Absent'
Mayor Meyera E Oberndorf
Item VI-O.
October 23, 2001
- 60 -
NE W BUSINESS
ITEM # 48832
Upon motion by Counctlman Branch, seconded by Counctlman Harrtson, Ctty Counctl scheduled to be
advertised for the City Counctl Formal Sesston November 27, 2001:
RECONSIDERATION of the PAUL C. LOWN apphcatton for a
Con&tional Use Permit [3 umts] stngle restdenttal development
at Urchtn Road and Ocean Avenue, (Distrtct 5 - L YNNHA VEN)
{Thts ttem was LOST to a Negattve Vote on October 2, 2001}
Voting' 10-0
Councd Members Vottng Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlliam W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Robert C
Man&go, Jr, Nancy K Parker, Vtce Mayor Wtlham D. Sessoms, Jr
and Rosemary Wtlson
Counctl Members Voting Nay.
None
Counctl Member Absent
Mayor Meyera E Oberndorf
October 23, 2001
- 61 -
ADJOURNMENT
ITEM # 48833
Vtce Mayor Wtlham D Sessoms, Jr DECLARED the Ctty Counctl Formal Sesston ADJOURNED at
7:50p. m.
Beverly igF~Hoo~, CMC
Chtef Deputy Ctty Clerk
Wtlham D Sessoms, Jr
Vtce Mayor
Ruth Hodges Smtth, MMC
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
October 23, 2001