JANUARY 8, 2002 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, III, Beach -Dtstrtct 6
MARGARET L EURE, Centervtlle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Prtncess Anne - Dtstru t 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle -Dtstrtct 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
--ach
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ct)'cncl@ctt~, vtrgtnta-beach va us
January 8, 2002
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
1:30 PM
Ao
Bo
PRINCESS ANNE COMMONS Design Criteria/Comprehensive Marketing Plan
Jack Whitney, Director - Department of Agriculture
Karen Prochilo, Community Design Planner- Department of Planning
SHORE DRIVE TRANSPORTATION STUDY
E. Dean Block, Director - Department of Pubhc Works
II. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room-
3:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend J. D. Norris, Jr.
Virginia Beach Freewill Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
December 18, 2001
G. AGENDA FOR FORMAL SESSION
Ho
PUBLIC HEARINGS:
1. ELECTION DISTRICT PRECINCT CHANGES:
a.
Close the Forest voting precinct
Modify the boundaries of the Mahbu voting precinct
Establish new polling places for the Seatack and North Beach voting precincts
2. TAX EXEMPTION REQUESTS:
a.
American Environment Foundation
Beth Sholom Terrace
ORDINANCES/RESOLUTIONS
1. Ordinance to AMEND §10-1 ofthe City Code:
ao
Close the Forest voting precinct
Modify the boundaries of the Malibu voting precinct
Establish new polling places for the Seatack and North Beach voting precincts
.
Resolutions re legislation to designate the following benevolent corporations TAX
EXEMPT re all state and local real estate and personal property:
ao
American Environment Foundation
Beth Sholom Terrace
.
Resolution to ACCEPT the Beaches and Waterways Advisory Commission's Personal
Watercraft Advisory Report; and, request the City Manage to effectuate the appropriate
action.
.
Ordinance to AMEND § 23-51 and § 23.53.1 of the City Code re Tattooing and Body
Piercing (Deferred December 11,2001)
.
Ordinance to AUTHORIZE expenditure of capital project funds in the amount of $160,000
re Sandbridge Corridor improvements and costs associated with the U S Fish and Wildlife
Services acqutsttton of the Lotus Creek property.
6.
Ordinance to declare EXCESS PROPERTY on Lot 1 lA acquired by the City for Harbor
Point Road Extended and exchange said property to F. WAYNE and CHERYL P.
McLESKEY for which they will convey Parcel B and C to the City; and, authorize the City
Manager to execute an agreement for the exchange of said property (Deferred December
18,2001)
.
.
Ordinance to authorize acquisition of property in fee simple for public parking at the
Virginia Beach Pavilion Conference Center, either by agreement or condemnation.
Ordinance to authorize temporary encroachments into a portion of the City' s right-of-way
of Cranston Lane by TIDEWATER IMPORTS, INC., re constructing and maintaining two
(2) - 4" PVC Conduits.
PLANNING
o
Petition of OLD BRANDON INVESTMENT COMPANY, LLC, for the discontinuance,
closure and abandonment of a portion of Old Providence Road west of the intersection at
Indian River Road and Providence Road, and incorporate the area into four adjoining lots,
containing 13,748 square feet.
(CENTERVILLE - DISTRICT 1)
Deferred:
Recommendation:
December 18,2001
APPROVAL
.
MODIFICATION OF CONDITIONS for VOICE STREAM WIRELESS to construct
a 10-foot extension to an existing communication tower approved on a June 9, 1998,
Conditional Use Permit granted SPRINT PCS on the west side of Lawson Road, south of
Thoroughgood Road (1707 Lawson Road), contmnlng 22,500 square feet.
(BAYSIDE- DISTRICT 4)
Recommendation:
APPROVAL
.
MODIFICATION OF CONDITION NO. 1, allowing 80 beds within 76 units on an
approved Conditional Use Permit for housing for the elderly granted to BETH SHOLOM
TERRACE on March 9, 1999 and modified on December 7, 1999, at 1100 College Park
Boulevard, containing 6.131 acres.
(CENTERVILLE - DISTRICT 1)
Recommendation:
APPROVAL
,
Application of FRANK DOCZI for a Conditional Use Permit for a riding academy and
boarding horses at the southwest intersection of Pleasant Ridge Road and Chanty Neck Road
(1613 Pleasant Ridge Road), containing 20.2 acres.
(PRINCESS ANNE- DISTRICT 7)
Deferred:
Recommendation:
December 18, 2001
APPROVAL
Application of WOODFIN HEATING, INC., for a Conditional Use Permit for an
automobile service station (fuel pumps) re unmanned 24-hour fleet fuehng facility at the
southeast comer of Diamond Spnngs Road and Haden Street, containing 6.918 acres.
(BAYSIDE- DISTRICT 4)
Recommendation:
APPROVAL
.
Application of GARY E. WEILER for a Conditional Use Permit for housing for semors at
the southwest Intersection of Lynnhaven Parkway and Indian River Road, containing 7.808
acres.
(CENTERVILLE - DISTRICT 1)
Recommendation: APPROVAL
.
Application of SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST
CHURCH for a Conditional Use Permit for a child care center in a church at thc northwest
and southwest intersections of Sandpiper Road and Bonita Lane (3041 Sandpiper Road,
containing 32,177 square feet and 300 Bonita Lane, containing 25,811 square feet)
(PRINCESS ANNE- DISTRICT 7)
Recommendation:
APPROVAL
.
Application of SHAHPOR MAHGEREFTEH for a Conditional Use Permit for motor
vehicle sales at the northeast comer of Haygood Road and Crossborough Road (4880
Haygood Road), containing 39,988 square feet.
(BAYSIDE - DISTRICT 4)
Recommendation:
APPROVAL
K.
APPOINTMENTS
REVIEW AND ALLOCATION COMMITTEE (COG)
L. UNFINISHED BUSINESS
Mo
NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - November 2001
N. ADJOURNMENT
CITY COUNCIL SESSION
(January 2002)
January 22, 2002
- Administrative & Planning
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
01/04/02BAP
AGENDA\01 \08\02.
www.vlrglnia-beach.va, us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, V~rg~nia
January 8, 2002
Vtce Mayor Wtlham D Sessoms, Jr, called to order the C I T YMANAGER'S BRIEFING re PRINCESS
ANNE COMMONS tn the Ctty Council Conference Room, Ctty Hall Butldtng, on Tuesday, January 8, 2002,
at 1 30 PM
Counctl Members Present
Ltnwood 0 Branch, III, Barbara M Henley, Louts R Jones, Reba S
McClanan, Robert C Man&go, Jr, Nancy K Parker, Vice Mayor
Wtlhams D Sessoms, Jr and Rosemary Wtlson
Council Members Absent
Mayor Meyera E Oberndorf
Margaret L Eure
Wtlham W Harrtson, Jr
[Attendtng spectal called brtefing by
the Governor-Elect Mark Warner re
Economtc and Fzscal Roundtable tn
Rtchmond, as part of the VML
Delegatton
[Entered $ 45 P M]
[Entered 1 40 P M]
[Entered 1 45 P MI
-2-
CITY MANA GER 'S BRIEFING
PRINCESS ANNE COMMONS
Design Criteria/Comprehensive Marketing Plan
1:30 P.M.
ITEM # 49123
Jack Whitney, Director of Agriculture, advised he was tn attendance as a member of the "Athletic Venues
Work Group" Mr Whitney expressed apprectatton to the members of a great Team Mr Whttney ctted the
followtng members tn attendance Sara Hensley, Dtrector, Department of Parks and Recreatton, Karen
Prochtlo -Planntng, and Buddy Wheeler -Conventton and Vtsttor Development The group was gutded
by the Princess Anne Commons Task Force to address opportumttes for athlettc venues wtthtn Princess
Anne Commons The Group presented a Pohcy report to Ctty Counctl relattve the conttnued successful
development of an tntegrated, multt-faceted Athletic Village tn Princess Anne Commons. The current
reahty was dtscussed and the emergtng developments (both pubhc and prtvate tnterest tlr the area) The
Work Group had requested Ctty Counctl's gutdance relattve
Village Planning Goals and Design Standards
Public Involvement Plan
Initial Project Review Process
Athletic Village Master Plan
Comprehensive Marketing Plan
Ctty Counctl dtrected the Work Group to move forward A number of strategtc tssue teams have been
briefed, as well as the Princess Anne Commons Task Force relative the proposed destgn gutdehnes and
markettng Favorable reaction has been recetved The apphcatton of the destgn gutdehnes ts prtmartly three
fold Atd Ctty tn developtng projects and coordtnattng vartous Capttal Improvement ProJects, whtch occur
tn and around Prtncess Anne Commons, provtde a clear communtcatton to theprtvate tnterests whtch mtght
wtsh to locate tn thts area toprovtde a conststent level of quahty and have a relattonshtp between the vartous
venues, and, serve as a companton ptece for the markettng matertals betng prepared
Karen Prochdo, Community Design Planner, dtstrtbuted copies of the Design Guidelines for Princess Anne
Commons. Just as one's home or bustness shouM have an tdenttfiable entrance so do our communtttes The
entrance ts the first tmpresston of our guests, customers and netghbors to Prtncess Anne Commons The use
of brtck, based on the brtck tradttton estabhshed at the old courthouse and Muntctpal Center, has been
retnforced throughout Prtncess Anne Commons wtth curved brtck walls used continually as a recurrtng
theme Ms Prochtlo dtsplayed photographs of the brick walls at Ttdewater Communtty College, TPC, Golf
Course and the Htgher Educatton Center The Commtttee was fortunate to have as members two landscape
archttects Barry Frankenfield (Parks and Recreatton) and Frank Fentress (Landscape Servtces)
Through proper destgn, the entrance should stgnal the end of travel and the begtnntng of a new and dtfferent
expertence The entrance or gateway treatment should provide a strong sense of arrtwtl and become a
"stgnature" of Prtncess Anne Commons Gateway landscaptng at the major gateways should coney a sense
of arrival to visitors and help to estabhsh a theme that can be repeated throughout Princess Anne Commons
Gateway areas should be retnforced through the use of simple landscaptng wtth large masses of brtghtly
colored annual flowers, shrubs and perenntals and trees and/or large evergreens as a backdrop Relattve
venues, once the guest passes the gateway thetr vtsual senses should be engaged by attracttve street
planttngs, hght fixture types, street furntture, banners, pubhc art, etc that provtde elements of conststency
and tdenttfy the area to promote a sense of "place"
Counctl Lady Eure was not m favor of the utthzatton of the "blue"flags The brtck should suffice Ms
Prochtlo advtsed the staff ts matnly concentrattng on the curved brtck walls
The venues tdenttfy each destination point (Amphttheater/Sportsplex) Each untque entrance stgn tnto a
venue should be mounted on a standard brtck base destgned to retnforce these attracttons are all wtthtn
Prmcess Anne Commons Relattve landscaping, smaller masses of the same brightly colored annual flowers
an other landscaptng used at the major gateways should be repeated at the entrances to the venues Thts
landscaptng should be arranged to accent the entrance stgns for the venues
Concerntng connections and linkages, travel corrtdors should provtde vartety and rhythm conststent wtth
the mtenstty and type of adJacent uses The roadway and streetscape configuratton shall allow for future
land use development as well as effictently carry vehicles and enhance thepedestrtan expertence Attentton
to detatl at key tntersecttons would tncorporate the use of brtck pavers, stamped asphalt or concrete for
pedestrtan crosswalks
January 8, 2002
-3-
CITYMANAGER'S BRIEFING
PRINCESS ANNE COMMONS
Design Criteria/Comprehensive Marketing Plan
ITEM # 49123 (Continued)
The Ctty needs to prepare for a vartety of vehicular and non-vehicular movement Roads for vehtcles, such
as automobtles, trolleys, buses (regular & battery operated), golf carts and horse carrtages Ltmtted on-
street parktng wtll be allowed wtthtn close proxtmtty to venues Asphalt multt-purpose tratls ten to twelve
feet tn wtdth to accommodate pedestrtans, joggers, roller bladers, btcycles, or other forms of non-motortzed
vehicles should be incorporated into the site plan &tes for pedestrians should be located throughout the
Prtncess Anne Commons area Ltttle nodes or parkettes should be destgned along tratl routes to allow for
rest stops
There are three (4) types ofhghttng tn Princess Anne Commons standard street hght, pedestrtan scale hght
(Acorn style), Bollard hght, and, parktng lot hght fixtures
The standard street hght fixture, used on Dam Neck Road, should be used throughout Prtncess Anne
Commons Thts type of fixture ts hghter tn color to blend tn with the sky Locatton of pedestrtan scale
hghtmg would be at key areas (commerctal, plazas, etc ) rather than a conttnual row along a roadway
Bollard h ghttng may be used where appropriate to assist tn deterrtng vehtcular traffic from pedestrtan areas
Bollard hghtmg may also be used for evemng tllumtnatton of walktng paths The parking hght fixtures
should be scaled down tn hetght to approximately 14feet to hght only the parkmg areas, not the sktes or
adjacent areas
Relattve stgns, graphtcs and tnformatton system, dtrecttonal stgnage provtdes a clear, untried, tnformatton
system throughout Prtncess Anne Commons for both vehtcular traffic and pedestrtans tn selected areas
Removal of destgnated extsttng stgns would hmtt tnconststenctes Street stgns should be mounted on hght
fixtures tn destgnated pedestrtan areas Roadway stgns are to be standard for safety purposes and easy for
travelers tdenttficatton tn accordance wtth the "Manual for Uniform Traffic Control Devices". Each
untque entrance sign tnto a venue should be mounted on a stgnature brick base wtth an accent strtpe
destgned to retnforce that these attracttons are all wtthtn Princess Anne Commons The Group wishes a
standardtzed brtck base to be utthzed throughout Prtncess Anne Commons An tnformatton stgn ss to be
located tn the Prtncess Anne Park vtctntty as part of the gateway treatment tnto Prtncess Anne Commons
Thts tnformatton stgn should be placed wtthtn a vtsttor shelter wtth short term parktng adjacent to the
structure Venue locattons, events scheduled and spectal announcements should be provtded on the
tnformatton stgn Sketches of stgns wtll be provtded
Extsttng Parktng areas should be paved but use, turnover and envtronmental tmpacts should be constdered
Retrofit extsttng parktng to provtde addtttonal landscape buffers along the pertmeter as well as the tntertor
of the lot Pedestrian connections should be made where appropriate Shared usage between venues should
also be tmplemented When parktng lots are planned, they should contatn a maxtmum of l OOparking spaces
tn order to promote the concept of shared use parktng and chambered lots (parktng areas dtvtded tnto
smaller secttons wtth landscaptng around the pertmeter spaced to encompass a structure) Ms Prochtlo
&splayed tllustrattons through the utthzatton of power potnt Parktng groves for overflow may begtn as
unpaved, but, as needs for parktng tncrease, these areas are to be paved and landscaped stmtlar to the
chambered lots Pedestrtan walkways connecttng parktng areas to butldtngs, venues or otherparktng areas
should be provtded espectally along pertmeters Lan&cape tslands should be a mtmmum of 3, 450 square
feet Larger tslands are encouraged to tncorporate the use of low brtck walls at street entrances and along
the pertmeter Pubhc areas may also be used Larger tslands are encouraged as a means for stormwater
management tn addttton to landscaptng Walkways should be separated from vehtcular traffic by wtde
landscape buffers
Counctl Lady Eure advtsed commerctal budders are requtred to have sprtnkler systems for the landscaptng
wtthtn thetrparktng lots The landscaptng wtthtn the tntertor tslands of theparktng lots should be matntatned
by a sprtnkler system Ms Prochdo &splayed a deptctton of stormwater management located tn a
landscape tsland
Landscapmg for parktng areas should be strategtcally located to provtde vtsual rehef, shadmg of the lot,
green areas and screemng from netghbortng properttes
Ms Prochtlo referenced Consistent Street Scape elements:
Banners/Flags
Pubhc Art
Street Furntture
Vendors
January 8, 2002
-4-
CITY M/INA GER 'S BRIEFING
PRINCESS ANNE COMMONS
Design Criteria/Comprehensive Marketing Plan
ITEM # 49123 (Continued)
Council Lady Parker referenced a cauttonary note regardmg "ktd frzendly "sculptures Whtle vtsttmg the
San Dtego Zoo wtth her mece, one sculpture was very hot as tt had been sunny all day When her niece
grabbed tt, thts sculpture burned her hand Ms Prochtlo advtsed the group would revtew the sculptures at
the Ocean Front to determtne whtch would be "ktd frtendly" Council Lady Eure suggested the gazebo be
large enough to hold a small combo or some type of performance Thzs would also be a beauttful settmgfor
a wed&ng
Relattve landscaptng (pubhc plazas, trelhses, hangtng planters, paving matertals), examples were deptcted
Whereverposstble, the destgn of storm water retentton and detentton systems should support open space or
landscape Stormwater management facthttes should have trregular features versus geometrtc features, no
boxed shapes Plant matertal should be used to soften the appearance and blend tn wtth the natural features
Where practtcal foundattons, benches and pedestrian paths should be mcorporated into the design Open
space should be included as apart of development and located to create a conttnuous connectorpath Other
passtve and acttve recreatton areas are encouraged for use tn open space areas
Concermng General Archttecture, placement of a butl&ng on a stte and its aesthetic appeal are tmportant
tn destgn The relattonshtp of a butl&ng to its surroun&ngs are conveyed through scale, mass, hetght and
proportton Wtthtn Prtncess Anne Commons, the design elements of a structure must asstst tn matntatntng
the character of the area Brtck elements should be tntroduced tn butl&ngfacades Entrances tnto butl&ngs
should provtde ortentatton and be htghly vtstble Street factng wtndows OCenestratton) are encouraged
Incorporated wall plan projects or recesses should confront long lengths of a wall Ltghttng should be
designed as an tntegral part of the butl&ngs's archttecture
Implementation Options
Develop a hghttng revtew plan as an amendment to the zomng or&nance
Estabhsh an overlay &strict to achteve the objecttves of these destgn
gutdehnes
Use an extsttng commtttee or estabhsh a new commtttee to revtew tncomtng
projects
Counctlman Man&go advtsed thts was very stmtlar to the destgn concept of Busch Gardens mtnus the
amusement rtdes Counctlman Man&go suggested shade be provtded for connectmg facthttes due to the
athlettc events
Counctl Lady Henley referenced the ulttmate plan for Prtncess Anne Road whtch would tnvolve an tntenstve
landscaptng plan along the roadway wtth buffers on each site Ms Prochtlo advtsed the Princess Anne
Corridor Study ts being utthzed The two ptans are being coor&nated The lan&cape archttects are aware
of thts study The group ts worktng as well with graphtcs of extsttng tratls and those to be estabhshed There
are opportumttes wtth the neighborhoods on either side (New Castle/Landstown Lakes and Meadows) to
coor&nate wtth their tratls and connectton The connectton at Dam Neck Road needs to be revtewed
Safe accesses should be created wtth the netghborhoods
Counctl Lady Wtlson suggested strategtc plactng of drtnktngfountatns Ms Prochtlo advtsed thts has been
&scussed as well as the utthzatton of vendors wtthtn thts document Drtnktng fountatns wtll be
tncorporated
John Herzke, Ctty Engtneer, advtsed Counctl Lady McClanan the standard roadway hghttng ts
approxtmately 30feet high with pedestrian hghttng betng 12 to 18feet Ms Prochtlo advtsed the Bollard
hght fixtures would be approxtmately 4feet htgh, just gtvtng enough hght to see the ground Thts type of
hghttng ts usually seen on steps Counctl Lady McClanan wtshed thts hghttng be revtewed more carefully
Banners and flags should be arttsttcally and archttecturally appropriate A Board comprtsed of tndtvtduals
with experience tn these matters needs to be involved Obviously, appropriate governmental flags are
necessary, however, thetrplacement should be done tastefully Ms Prochtlo advtsed scale, proportton and
hetght are tncorporated These gutdehnes have been presented to the Princess Anne Commons Task Force
Counctl Lady Eure referenced the tmpresstve water facthty tn Portland, Oregon In the center ts an 8-foot
fountatn spraytng up and out In each corner there are smaller fountatns spraytng a stream of water tnto the
matn foundatton The children cool off tn thts fountatn Thts would be a wonderful ad&tton
January 8, 2002
-5-
CITY MANA GER 'S BRIEFING
PRINCESS ANNE COMMONS
Design Criteria/Comprehensive Marketing Plan
ITEM # 49123 (Continued)
Sara Hensley -Dtrector of Parks and Recreatton, advtsed the Princess Anne Task Force wtll present thetr
recommendattons to the Ctty Counctl durtng the January 15, 2002, Ctty Counctl Workshop There were two
meettngs of the Prtncess Anne Task Force, one whtch encompassed a tour of the area and the other meettng
tnvolved a questions and answer sesston Approximately 60 ctttzens attended the second sesston
Jack Whttney advtsed tn addttton to conststency wtth tnfrastructure destgn and other types of streetscape
elements, there ts an opportuntty for conststency tn markettng This area ts more than a collectton of
tndtvtdual venues (Amphtheater, Sports Plex, soccer complex, Farmer's Market, TPC) There ts an
opportuntty to market the area collecttvely under the umbrella of Prtncess Anne Commons, feedtng off of
each other's events A web stte, or a newspaper arttcle, hsttng an array of acttvtttes and events over a
weekend at Prmcess Anne Commons was suggested Mr Whttney referenced Betsy McBrtde 's excellent
arttcle tn the August edttton of Beach Magaztne concernmg the vtston of Prtncess Anne Commons
accompanted by an arttsttc rendertng of Prtncess Anne Commons Thts year, the Harvest Fatr ts being
conducted at Princess Anne Park tn Princess Anne Commons All of the mformatton has been prepared
by m-house staff
Vtce Mayor Sessoms expressed apprectatton to the Work Group for thetr excellent presentatton
January 8, 2002
-6-
CITY MANA GER 'S BRIEFING
SHORE DRIVE TRANSPORTATION STUD Y
2:25 P.M.
ITEM # 49124
E Dean Block, Director of Pubhc Works, &strtbuted the Shore Drive Transportation Study, copies of the
Power Potnt presentatton and correspondence from Robert M Stanton, Chatrman- Shore Drtve Advtsory
Commtttee The western termtnus of the study ts the Northampton Boulevard tnterchange The eastern
termtnus for the study ts North Great Neck Road Satd tnformatton ts hereby made apart of the record The
purpose of the Shore Drtve Transportation Study ts first to tdenttfy and address the tssues and concerns of
safety, capactty, mobtltty, access, aesthetics, open space, landscape features and architectural features
Secondly, the purpose of the study ts to facthtate the development of an tntegrated package of capttal
tmprovements Thtrd, the purpose of the study ts to generate pubhc and stakeholder tnput on the tssues and
to test the alternattves that address those tssues tn a fatr and pubhc workshop Mr Block ctted the three
Primary Study Elements Traffic and transportation, landscape and aesthettc destgn and open space
elements
SHORE DRIVE HISTORICAL BACKGROUND
1963 2 lanes to 4-lane divided
1966 Lesner Bridge expanded to 4 lanes
19 70's Master Transportation Plan included Shore
Drive
1985 Hampton Roads MPO included Shore Drive on
the Regional Transportation Plan
1986 Identified as a Backlog Project
199 7 Urban Land Institute Report
1998 Shore Drive Advisory Committee/Appointed by
City Council
March 2000 City Council Adopted Shore Drive Advisory
Council (SDAC) Corridor Plan
August 2000 Parsons Brinckerhoff began Shore Drive
Transportation Study
October 2000 Clark Nexsen Report - Lesner Bridge
CONDITIONS ANAL YSIS - TRANSPOR TA TION
Intersection Failures in Year 2000
Northampton Boulevard/Shore Drtve Interchange
First Court Road/Shore Drtve Intersectton
Intersection Failures in Year 2020
3 of 9 &gnahzed Intersecttonsfad tn the AM
4 of 9 &gnahzed Intersecttonsfad tn the PM
*Mainline Capacity Failure, Year 2020
In the AM Westbound through movements from West Great Neck
Road to Ftrst Court Road fatl
In the PM, Eastbound through movements also fatl from the
Ftrst Court Road to West Great Neck Road
Comparable 4 to 6- Lane expanstons
Lesner Bridge - Remaining Useful life is 10 to 15years.
*At the present ttme there are approxtmately 46, 000 vehtcles per day that traverse thts area of Shore Drive,
the Ctty projects, conservattvely, that by the year 2020, this figure wtll rtse to approxtmately 52,500
vehtcles
January 8, 2002
-7-
CITY MANA GER 'S BRIEFING
SHORE DRIVE TRANSPORTATION STUD Y
ITEM # 49124 (Continued)
When permttttng, destgn and financtng tssues are constdered related to abrtdge of thts magmtude and one
whtch wall be a stgnature brtdge, the Ctty ts looktng at rune to ten years before constructton ts commenced
CONDITION ANAL YSIS - LANDS CAPING/AES THE TICS
Limited Public Right-of- Way
RO W Intruston
Inconststent Edge Treatment
Median
Vartable Mechan Wtdth
Poor Sod Conchttons
Dratnage tn the Me&an
Landscaping
Ltmtted to Newer Development
Inconststent
Inapproprtate Vegetation
Poor Matntenance
No Theme
Lack of Pubhc Landscapmg
Limited Pedestrian / Bicycle Circulation
Limited Architectural, Signage & Aesthetic Amenities
Photographs of these tssues along the Corrtdor were dtsplayed
Councd Lady Eure referenced page 13 of the Study dtsplays vartous alternattves for the Lesner Brtdge
Savannah has the Stgnature Cable Stay Brtdge, whtch resembles a huge sad boat Councd Lady Eure urged
constderatton of thts archttecture rather than arches Mr Block advised thts brtdge handles approxtmately
20% of the tourtsm traffic Councd Lady Wdson advtsed there ts also a gorgeous stgnature brtdge tn
Delaware
Mr Block advtsed Councd Lady Parker and Councdman Man&go the bridge has thtrO,-five (35)feet of
clearance from mean low water to the bottom of the brtdge The assumpttons are the brtdge would rematn
at tts current height
PUBLIC PARTICIPATION COMPONENTS
Travehng Pubhc - 6,200 on mathng hst
Stakeholders - SDAC plus 12 orgamzattons
Stakeholder Intervtews
Stakeholder Workshop
Pubhc Informatton Meettng
January 8, 2002
-8-
CITY MANA GER 'S BRIEFING
SHORE DRIVE TRANSPORTATION STUDY
ITEM # 49124 (Continued)
Mr Block advtsed the Stakeholders are
VDOT,
Coast Guard
First Landing State Park
Fort Story Army Post
NAB Little Creek
Shore Drive Community Coalition
Cape Story by the Sea Civic League
Baylake Pines Civic League
Cape Henry Shores Civic League
Lynnhaven Colony Civic League
Ocean Park Civic League
Shore Drive Advisory Committee
Shore Drive Business Association
In November 2000, stakeholder interviews were held whtch provtded the basts forprojectpurpose and need
prevtously described The Stakeholder Design Workshop, conducted tn June 2001, provtded feedback on
alternattves and recommendations There were a total of thirty-two (32) meetings held with a variety of
groups to dtscuss this project
GENERAL PUBLIC OUTREA CH
Public Information Meeting - Great Neck Recreation Center July 2001
6,200 Postcards Dtstrtbuted
Newspaper Ads (2)
Vartable Message &gns Adverttstng (8 days)
Press Release
3, 000 Newsletter/Booklets Dtstrtbuted
36 Exhtbtts Provtded
44 7 Attendees
181 Comment Cards generated
41 Questtonnatres completed
Matntatntng the 4-lane tntegrtty of the Shore Drtve Corrtdor for as long as ts practtcally posstble ts an
tmportant constderatton to the restdents of the area The need to replace the Lesner Brtdge ts clearly
understood Reductng conflict potnts, tmprovmg the crtttcal tntersecttons and provtdmg aesthettc
apphcattons ts necessary ,4 conceptual landscaptng plan ts deptcted tn the report
Mr Block ctted the recommendatton
Alternative A - Maintain 4 Travel Lanes Along Shore Drive
Components
Replace Northampton Blvd Interchange
Replace Lesner Brtdge
Demonstration ProJects at Ftrst Court Road,
Marhn Bay Drtve and North Great Neck Road
Landscape, Stgnage, Ltghttng, ROW, Tratl&
Open Space Features, Corrtdor Wtde
Expand Archttectural Gutdehnes
Fun&ng Source
VDOT Urban Funds
VDOT Urban Funds
Local Funds
Local Funds
Planmng Department and Shore Drtve Advisory
Councd
Counctl Lady McClanan requested the demonstratton project be deptcted from the road, not an aertal
deptctton
January 8, 2002
-9-
CITY MANA GER 'S BRIEFING
SHORE DRIVE TRANSPORTATION STUD Y
ITEM # 49124 (Continued)
MAJOR ELEMENTS
Northampton Boulevard Interchange
Deficiency
No Capacttyfor Addmonal Turning and Through
Movements
Aesthettc/Landscaptng Features
Gateway
Smgle Potnt Urban Interchange (SPUI)
Gateway to the City
Single Point Urban Interchange (SPUD
Maxtmtze Safety of Turning Movements
Operationally Efficient- 1 Stgnal
Allows Gateway Signature
Includes Landscaping and Stdewalks
Lesner Bridge Replacement
Deficiency
Rematnmg Useful Ltfe 10- 15 Years
No Capacity for Addtttonal Through Movements
No Capacity for Multi-Purpose Trail
Plan for Signature Bridge
Location & Construction Options to be Determined
Need for 4 lanes open during constructton
Fifty year dectston
6-Lane Capability - 4 -Lanes Operations
Shore Drive Intersection Enhancements & Beautification
First Court Road
Add Right Turn Lane
(Eastbound Shore Drtve to Southbound Ftrst Cour0
Add Right Turn Lane
(Northbound Ftrst Court to Eastbound Shore Drtve)
Improve &gnal Structures
Marlin Bay Drive/Shady Oaks Drive:
Wtden Southbound Shady Oaks to accommodate
left turn and a Through Right Turn
Improve Stgnal Structures
North
Great Neck Road
Improve Signal Structures
A est hettc/Lands cape Enhancements
Corridor Wide Improvements
Aesthetic~Landscape Enhancements
Stgnage
Lighting
ROW
Trail
Open Space Features
January 8, 2002
- IO-
CITYMANAGER'S BRIEFING
SHORE DRIVE TIL4NSPOR TA TION STUD Y
ITEM # 49124 (Continued)
Council Lady Wtlson expressed concern as the Lesner Bridge blocks all the major waterways ehmtnattng
boats of any stgmficant stze from crossing Counctl Lady Wtlson was hopmg there wtll be constderatton of
maktng the brtdge higher The York River Brtdge was completed tn secttons and then floated down the river
for an expansion of this Brtdge Mr Block was not sure thts could be accomphshed tn the Ocean, but this
concept would be revtewed
Mr Block advzsed constdertng the hetght of the Brtdge and tts relattonshtp to the surroundtng properttes,
as the brtdge ts ratsed tn hetght, the tmpact ts greater on those properttes on each stde of the Brtdge At
this potnt, the Study assumes the Brtdge wtll not be ratsed as one of the crtterta was mtntmtztng the tmpact
of the properttes surroundtng the brtdge Counctlman Harrtson advtsed on the Intercoastal Waterway, the
non-draw bridges are stxty-five (65)feet infixed hetght Counctl Lady Eure advtsed on Domtnton Boulevard,
over the Intercoastal Waterway near the Oakgrove Connector, abrtdge ts going to be built 65feet htgh
whtch wtll extend 600feet on either stde Because thts Brtdge ts open only one ttme a year and a maxtmum
of twice a year, the Coast Guard ts lobbytng the State and the City of Chesapeake to butld thts brtdge mnety
(90) feet so the Samson's Crane can be drtven through
Counctl Lady Eure suggested stgnage be provtded for pubhc access potnts at the Beach As an example,
Counctl Lady Eure ctted the very neat small stgns utthzed at Myrtle Beach She also suggested there be
parktng spaces provtded where at least twenty-five cars could park People who hve along the Oceanfront
do not hke people parktng tn thetr yards Counctl Lady Wtlson advtsed the Beaches and Waterways
Commtsston has been revtewtng these tssues and a report and Pubhc Heartng wtll be scheduled next month
Mr Block advtsed the next steps
Resolution for Adoption of the Shore Drive Transportation Study
(Scheduled - January 22, 2002, City Council Session
Resolution to proceed with Demonstration Projects
(utilizing funds available)
Adopt/Prioritize other Elements in the Capital Improvement Program
Northampton Boulevard interchange Lesner Bridge
January 8, 2002
January 7, 2001
SHORE DRIVE ADVISORY COMMITTEE
4141 First Court Road
Virginia Beach, VA 23455
Mayor Meyera E. Oberndorf & Members of City Council
Office of the Mayor
Municipal Center
Virginia Beach, VA 23456
RE:
Shore Drive Transportation Study
Capital Improvement ProJect #2-114
Dear Mayor Oberndorf and Members of City Council.
I am writing to you in my capacity as Chairman of the Shore Drive Advisory Committee
to endorse the above referenced study with certain reservations. We feel that the study
adequately addresses traffic concerns in the Shore Dnve corridor but does not
adequately address peripheral issues such as design guidelines for road improvements,
landscaping, design guidelines for public and private development in the corridor, and a
plan for dealing with parts of Shore Drive that are not covered by the study. The
commrttee ~s working w,th the city staff in an effort to answer the aforemenboned
concerns and expects to be ~n a position to mal(e recommendatmns to council with
regard thereto by the third quarter of this year.
Shore Drive ~s classified as a "principal urban arterial" in the report. It is our
understanding that such classification may carry with it characteristics that we do not
feel would be appropriate for this artery. We do not object to the nomenclature but we
would hope that the design standards, which are being developed at this time, should
take precedence or be used wherever possible. We do not want such status to conflict
with good engineenng practices, but we believe an aesthetics focus for Shore Drive is
critical.
The Lesner Bridge is viewed as being a significant opportunity for the c~ty to develop an
icon for the area, ~f not the city itself, with the bridge being designed with serious
attention being given to the architectural detail of the bridge as well as to its function as
a way to get from one side of the river to the other We want to make it clear that we do
not endorse the design on the cover of the report. We are advised that design is used
for illustrative purposes only and in no way represents a suggestion as to what the
bridge should look like. It is merely trying to illustrate the fact that the bridge should be
architecturally s~gmficant.
£O/~,O'd cJO:P'I ~.0, Z u~C
I
89ZE-ZE9-Zc:jZ: xe.:l '3NI 'S~3NI~IUJ NOINUIS
Mayor Meyera E Oberndorf &
Members of City Council
January 7, 2002
Page 2
Finally, we understand that the city staff strongly recommends alternative A, whiCh ~s
consistent with the Shore Drive Advisory Committee's thinking with regard to the
number of lanes required to satisfactorily handle traffic at this time. Alternative A is a 4-
lane alternative.
We think that the transportation study is a good step forward but as noted above, much
more work needs to be done before plans are implemented and we are ready to
proceed with the effort to refurbish, revitalize and renovate the Shore Ddve corridor.
We would like to take this opportunity to commencl Dean Block, Ty Lee and other
members of the city staff for the effort put forth in developing this document. We believe
that the public information process was outstanding. We are advised that the effort
employed to involve the public in this project was more extensive than had ever been
used in previous matters of this sort. We think that the public's input has resulted in a
much better conclusion than would have otherwise been the case. We urge the city to
follow this model in future projects of this type.
With 13est regards,
Sincerely,
Robert M. Stanton
Chairman
Shore Drive Advisory Committee
RMS/asm
<;'0/<;'0'd 90:F1: ~,0, /_ ue_f'
I
89Z~-Z~9-dSd:xe~ '3NI 'S~3N£~Ud NOLNU±S
-ll-
AGE NDA RE VIEW SESSION
3:25 P.M.
ITEM #49125
12
Resolutton re legtslatton to destgnate the followtng benevolent
corporattons TAX EXEMPT re all state and local real estate
and personal property:
a Amertcan Environment Foundatton
Vtce Mayor Sessoms advtsed the apphcant has requested DEFERRAL until January 22, 2002.
ITEM # 49126
12
Resolutton re legtslatton to destgnate the following benevolent
corporattons TAX EXEMPT re all state and local real estate
and personal property:
a Beth Sholom Terrace
Counctl Lady Parker tnqutred relattve pohcy gutdehnes concermng semor houstng The Ctty Attorney
advtsed Ctty Council has not estabhshed a pohcy
Counctlman Harrtson advised he ts aware that the Vtrgtnta Beach Development Authortty has an agreement
wtth Westmtnster Canterbury Westmtntster Canterbury whereby they wtll not seek a tax exemptton for thetr
own real estate, so long as the City does not grant a tax exemptton for a compettngfacthty This agreement
was made tn connectton wtth Westminster Canterbury's apphcatton for tndustrtal revenue bonds through
the Ctty of Vtrgtnta Beach Development Authortty A pohcy ts necessary and the agreements need to be
documented
The Ctty Attorney requested Councd Ltatsons to asstst him tn the estabhshment of a pohcy
Counctlman Man&go tnqutred tf the Ctty wtshes to preempt an exemptton where the property ts not owned
but the apphcant ts planntng to create an assisted hvtngfacthty
Vtce Mayor Sessoms requested nottce be gtven to Attorney Nusbaum and the apphcatton be DEFERRED
The Ctty Attorney shall develop an outhne of pohcy gmdehnes for the Ctty Counctl
Counctl Lady Henley referenced thetr apphcatton on the Plannmg Agenda for a MODIFICATION OF
CONDITION NO. I, allowmg 80 beds wtthtn 76 umts on an approved Con&ttonal Use Permtt. for houstng
.for the elderly granted to BETH SHOLOM TERRACE on March 9, 1999 Counctl Lady Henley expressed
concern relative the addttton of 8 beds for caretakers Counctl Lady Henley wtshed clartficatton as to
whether the apphcant would have a certain number of beds for low to moderate income
ITEM # 4912 7
14 Ordznance to AMEND ~ 23-51 and 3g 23 53 1 of the Ctty Code re
Tattooing and Body Piercing (Deferred December 11, 2001)
The Ctty Attorney advtsed relattve the amendments the only subsequent tssues are the "chaperone" issue
and the amendment reductng the length of trine records pertatntng to the tattootng of tndtvtdual patrons must
be kept from four years to two years or, tn the case of ajuvemle customer, to two years from the date of the
juventle's 18th btrthday Deputy Ctty Attorney Wtlham Macah dtstrtbuted an amended verston of thts
Ordinance The Ctty Attorney's office has been tn communtcatton wtth both the Health Department and
tndustry representatives and made certain revisions as requested
A presentation concerning the Tattoo ordinance followed review of the entire agenda. (See Item No.
49139)
January 8, 2002
- 12-
A GE NDA RE VIE W SESSION
ITEM #49128
15
Or&nance to AUTHORIZE expendtture of capttal project funds
tn the amount of $160, 000 re Sandbridge Corridor tmprovements
and costs assoctated wtth the U S Fish and Wildlife Services
acqutsttton of the Lotus Creek property
The Ctty Manager advtsed the funds are betng dertved from the Sandbridge Road project Counctl Lady
Henley advtsed Catheryn Whttesell -Dtrector of Management Servtces, satd thts had been anttctpated tn
the Budget but not approprtated The Ctty Manager advtsed there will sttll be $647,000 tematntng tn thts
account
Counctlman Jones DISCLOSED he must ABSTAIN as he has an ownershtp tnterest tn Resource Bank
which exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creek property
Councd Members Eure, McClanan and Wilson, wtll vote NA Y on thts ttem
ITEM #49129
16
Ordtnance to declare EXCESS PROPERTY on Lot llA
acqutred by the Ctty for Harbor Potnt Road Extended and
exchange satd property to F. WAYNE and CHERYL P.
McLESKEY for whtch they wtll convey Parcel B and C to the
Ctty, and, authorize the Ctty Manager to execute an agreement
for the exchange of satd property (Deferred December 18,
2000
Councdman Branch requested thts ttem be DEFERRED INDEFINITELY The property ts RT-3, whtch
requtres commerctal development Obvtously, thts site ts not approprtate for commerctal development For
a change of zoning on the property, tt must go through the Planntng Commtsston and come back to Ctty
Counctl
ITEM # 49130
18
Or&nance to authorize temporary encroachments tnto a portton
of the Ctty's rtght-of-way of Cranston Lane by TIDEWATER
IMPORTS, INC., re constructtng and matntatntng two (2) - 4"
P VC Condmts
dtm Lawson advtsed Counctl Lady Eure the condmts would be underground
ITEM # 48131
B Y CONSENSUS, thefollowtng shall compose the CONSENTAGENDA:
ORDINANCES/RESOL UTION
I 1 Ordmance to AMEND 3~10-1 of the City Code
Close the Forest vottng prectnct
Mo&fy the boundartes of the Mahbu vottng prectnct
Estabhsh new polhng places for the Seatack and North Beach vottng prectncts
12
Resoluttons re legtslatton to destgnate the followtng benevolent
corporattons TAX EXEMPT re all state and local real estate
and personal property:
American Envtronment Foundation
Beth Sholom Terrace
January 8, 2002
- 13-
.4 GE NDA RE VIE W SESSION
ITEM #49131 (Continued)
13
Resolutton to ACCEPT the Beaches and Waterways Advtsory
Commtsston's Personal Watercraft Advisory Report, and,
request the Ctty Manage to effectuate the approprtate actton
16
Ordtnance to declare EXCESS PROPERTY on Lot llA
acqutred by the City for Harbor Potnt Road Extended and
exchange satd property to F. WAYNE and CHERYL P.
McLESKEY for whtch they wtll convey Parcel B and C to the
Ctty, and, authorize the Ctty Manager to execute an agreement
for the exchange of satd property (Deferred December 18,
2001)
17
Ordmance to authorize acqutsttton of property m fee simple for
public parking at the Virginia Beach Pavilion Conference
Center, either by agreement or condemnatton
18
Ordtnance to authorize temporary encroachments tnto a portton
of the Ctty's rtght-of-way of Cranston Lane by TIDEWATER
IMPORTS, INC., re constructtng and matntatntng two (2) - 4"
P VC Condutts
Items 2a/b will be DEFERRED untzl the City Council Session of January 22, 2002, BY CONSENT
Item 6 will be DEFERRED INDEFINITEL Y, B Y CONSENT
January 8, 2002
- 14-
AGENDA RE VIE W SESSION
ITEM # 49132
J 1 Petttton of OLD BRANDONINVESTMENTCOMPANY, LLC,
for the discontinuance, closure and abandonment ofa portton of
Old Provtdence Road west of the tntersectton at In&an Rtver
Road and Providence Road, and mcorporate the area mto four
adjommg lots, contammg 13, 748 square feet
(CENTER VILLE- DISTRICT 1)
Stephen Whtte, Planntng, advtsed a revtsed Ordtnance wtth a revtsed Condttton 6 ts betng chstrtbuted All
the tssues have been resolved
All new butlcltngs developed on the combtned property must be
conststent and compattble (determtned by the Planntng Dtrector)
tn archttectural and stte destgn detatls Access to Old
Provtdence Road shall be provtded on the stte plan If plans for
any butldtng to be developed on the combtned propert_y have not
been approved by the Ct_O; wtthtn 365 days approval qf the
closure, thts requtrement _for plan approval bY the Planmng
Dtrector may be sattsfied for purposes of paragraph 7 bY
recordtng a restrtctton for the benefit qf the Ct_ty of Vtrgtnta
Beach, tn _form and content acceptable to the Cttv AttorneY,
tmpostng such requtrement on any undevelopedparcel contatned
tn the combtnedpropert_y Provtded further, such restrtctton must
be stgned bY all approprtate parties, and dehvered to and
approved by the Ctty Attorney prtor to the exptratton Of the 365
day pertod
Counctlman Harrtson wtll ABSTAIN, as the apphcant ts a chent of the law firm Counctl Lady McClanan
wtll vote NAY on this ttem
J3
ITEM # 49133
MODIFICATION OF CONDITION NO. 1, allowtng 80 beds
wtthtn 76 untts on an approved Conchttonal Use Permtt for
houstngfor the elderly granted to BETH SHOLOM TERRA CE
on March 9, 1999 and mo&fled on December 7, 1999, at 1100
College Park Boulevard, contamtng 6 131 acres
(CENTER VILLE- DISTRICT 1)
The tax exemptton ts unrelated to thts ttem Counctl Lady Henley wtshed clartficatton as to whether the
apphcant would have a certain number of beds for low to moderate income
ITEM # 49134
J 4 Apphcatton ofFRANKDOCZIfor a Conchttonal Use Permttfor
a rtdtng academy and boarding horses at the southwest
tntersectton of Pleasant Rtdge Road and Chanty Neck Road
(1613 Pleasant Rtdge Road), contamtng 20 2 acres
(PRINCESS ANNE - DISTRICT 7)
Counctl Lady Henley DISCLOSED and wiII ABSTAIN, Pursuant to Sectton 2 2-3114(E), Code of Vtrgtnta
that she ts a parttal owner of property located adjacent to the apphcant at 1613 Pleasant Rtdge Road The
Ctty Attorney has advtsed her that she ts requtred to dtsclose her personal tnterest as tt rneets the crtterta
of a personal tnterest tn the transactton under the Confltct of Interests Act, and that she ts dtsquahfied from
parttctpatton tn thts transactton Counctl Lady Henley's letter of December 18, 2001, ts hereby made apart
of the record
January 8, 2002
- 15-
AGENDA RE VIEW SESSION
ITEM # 49134 (Continued)
Stephen Whtte, Planning, referenced and chstrtbuted an addtttonal conchtton
12
There shall be one access to the stte The access shall be
discussed wtth and approved by the Director of Planning, or hts
or her designee, and shall be destgned so as to mtntmtze to the
greatest extent posstble confltcts with traffic on the extstmg
roadway
Vtce Mayor Sessoms advised the restdents wtshed 35-mtle per hour speed hmtts, however, the staff beheves
the speed hmtt should rematn at 45 Vtce Mayor Sessoms requested the Ctty Staff revtew thts agatn to
determme tf there ts any harm caused by reducmg thts speed hmtt
Counctlman Man&go dtd not beheve the Pleasant Rtdge access would work Mr Whtte advtsed thts ts the
general consensus
Thts ttem wtll be DEFERRED unttl the Ctty Counctl Sesston of January 22, 2002, to allow for dtscusston,
tn order for the apphcant to confer wtth Traffic Engtneertng and the communtty relattve thts access
ITEM # 49135
d 5 Apphcatton of WOODFINHE.4 TING, INC., for a Condtttonal
Use Permtt for an automobtle servtce statton (fuel pumps) re
unmanned 24-hour fleet fuehng facdtty at the southeast corner
of Dtamond Sprtngs Road and Haden Street, contatmng 6 918
acres
(BA YSIDE- DISTRICT 4)
Counctlman Jones advtsed there wtll be speakers regtstered
ITEM # 49136
Apphcatton of G.4RYE. WEILER for a Condtttonal Use Permtt
for houstng _for sentors at the southwest tntersectton of
Lynnhaven Parkway and In&an Rtver Road, contammg 7 808
acres
(CENTER VILLE- DISTRICT 1)
Counctl Lady Eure advtsed there are speakers regtstered
Asststant Ctty Attorney Kay Wtlson advtsed an addtttonal condttton
8
All areas outstde the hmtts of dtsturbance as labeled on the
Prehmtnary Site Development Plan of LYnnhaven/Indtan Rtver
Sentor Ltvtng Factht_¥ _for MARL YN DEVELOPMENT
CORPORATION, dated 11/16/01, shall not be developed or
dtsturbed tn any manner, except as shown on the Plan referenced
above
ITEM # 4913 7
Apphcatton of SH/tHPOR M,4HGEREFTEH for a Conchttonal
Use Permit for motor vehtcle sales at the northeast corner of
Haygood Road and Crossborough Road (4880 Haygood Road),
contatnmg 39, 988 square feet
(RA rSIDE - DISTRICT 4)
Counctlman Jones advtsed the apphcant has agreed to DEFERRAL unttl the Ctty Counctl Sesston of January
22, 2002
January 8, 2002
-16-
AGENDA RE VIEW SESSION
ITEM # 49138
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
J1
Petttton o fOLD BRANDONINVESTMENT COMPANY, LL C,
for the dtsconttnuance, closure and abandonment of a portton of
Old Providence Road west of the tntersectton at In&an River
Road and Provtdence Road, and tncorporate the area mto four
adjotntng lots, contatntng 13, 748 square feet
(CENTER VILLE- DISTRICT 1)
J2 MODIFICATION OF CONDITIONS for VOICE STREAM
WIRELESS to construct a lO-foot extenston to an extsttng
communtcatton tower approved on a June 9, 1998, Conchttonal Use
Permtt granted SPRINT PCS on the west side of Lawson Road,
south of ThoroughgoodRoad (170 7Lawson Road), contatnmg 22, 500
square feet
(BA YSIDE - DISTRICT 4)
J4
Apphcatton of FRANK DOCZI for a Condtttonal Use Permtt for
a rtdmg academy and boardtng horses at the southwest
mtersectton of Pleasant Rtdge Road and Chartty Neck Road
(1613 Pleasant Rtdge Road), contatntng 20 2 acres
(PRINCESS ANNE - DISTRICT 7)
J5
Apphcatton of WOODFIN HEA TING, INC., for a Condtttonal
Use Permtt for an automobtle servtce statton (fuel pumps) re
unmanned 24-hour fleet fuehng facthty at the southeast corner
of Dtamond Sprtngs Road and Haden Street, contatnmg 6 918
acres
(BA YSIDE - DISTRICT 4)
J7
Apphcatton of SANDBRIDGE COMMUNITY CHAPEL
UNITED METHODIST CHURCH for a Condtttonal Use
Permtt for a chtld care center tn a church at the northwest and
southwest mtersecttons of Sandptper Road and Bontta Lane
(3041 Sandptper Road, containing 32,177 square feet and 300
Bontta Lane, contatmng 25, 811 square feeO
(PRINCESS ANNE - DISTRICT 7)
Item J 1 wtll be APPROVED, BY CONSENT, wtth revtsed Or&nance
Item J 4 will be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of January 22, 2002
January 8, 2002
-17-
BRIEFING
E4 TTO0 ORDINANCE
3:50 P.M.
ITEM # 49139
Frank Scanlon, Envtronmental Health Dtrector, advtsed the Health Department ts sattsfied wtth the
amendments relattve Ordinance to AMEND ~ 23-51 and ~ 23 53 1 of the Ctty Code re Tattooing and Body
Piercing (Deferred December 1I, 200I) The amendments, which &rectly affect pubhc health, are very
mtntmal housekeeptng ttems
Deputy Ctty Attorney I'['tlham Macah referenced the Ordinance tn Ctty Counctl's agenda Relative the
chaperomng tssue commenctng on page 9, Subsectton 19, the ordtnance presently prohtbtts all tattootng of
certatn body parts of a member of the oppostte sex Thts revtston states "wtth prtor wrttten consent" Ltnes
274 thru 275 keep tn hne wtth all the other defintttons of obscemty statutes and ordinances (parallels other
ttems tn the ctty code on thts subjecO "anyportton of the breasts of any female below the aureole "Thts
ts also stated tn the alternattve verston The chaperontngportton would allow a member of one sex to tattoo
one or more of those body parts of a member of the oppostte sex tf a chaperone of the same gender as the
patron ts present durtng the enttre procedure (commences on hne 2 75)
Counctl Members Eure and I4'tlson requested there be a portton related to refustng tattootng to an
mtoxtcated tnchvtdual The Ctty Attorney advtsed thts was removed as thts concept ts dt. fficult to regulate
Ltnes 228 - 230 and Ltnes 482 - 484 were removed
(13) Tattoo artists and tattoo operators shall refuse service to any person
whom the tattoo artist or tattoo operator knows, or has reason to beheve,
ts tntoxtcated
(12) Body ptercers and body ptercmg operators shall refuse servtce to any
person whom the tattoo arttst or tattoo operator knows, or has reason to
beheve, ts tntoxtcated
Counctlman Harrtson requested the concept of tattooing orpterctngprtvate parts not be allowed tn the Ctty
of Vtrgtnta Beach
The Ctty Attorney advtsed, the staff beheves the Ordtnance can rematn wtth certatn body parts not betng
allowed to be pterced, however, the tndustry beheves thts cannot be prohtbtted Ltne 275, begtnntng wtth
the word "unless ", through Ltne 289 would be struck
"unless the patron has given his or her prtor wrttten consent thereto and
a chaperone qfthe same gender as the patron ts present durtng the enttre
procedure Such chaperone mar be chosen by the patron Prtor to
commenctng the tattootng o_f such patron, tn addttton to the dtsclosure
requtred under subsectton (g) hereof, the tattoo arttst shall tnform the
patron, tn wrtttng, that he or she may have a chaperone of the patron's
chotce and of the same gender as the patron present durtng the enttre
procedure and that tattootng not tn the presence Of such a chaperone ts a
vtolatton of thts sectton The name and address of the chaperone shall be
entered tnto the records of the tattoo parlor and matntatned tn accordance
wtth the provtstons of subdtvtston (9) of subsectton (D hereon
Counctlman Harrtson stated he wtshed the Ordtnance to state
No tattoo arttst or tattoo operator shall tattoo the genttals, pubhc area or
buttocks of any member of any sex, nor tattoo any portton of the breasts
of any female below the aureole
Mr Scanlon was unaware of any Medical position requtred relattve tattootng other than people that are
board certtfied tn plasttc surgery tn certatn tnstances One of the stster ctttes, Hampton, requtres a
physician to be present which effecttvely ehmtnates a legal issue The Health Department requtres the arttst
to have a TB assessment to evaluate the tndtvtdual whether or not they are at rtsk for tuberculosts There
ts also a requtrement for a Hepatitis B immunization Blood borne pathogen tratntng must also be recetved
on an annual basts This ts not a surgtcal expertence although tnstruments must be sterthzed and gloves
worn
,January 8, 2002
- 18-
BRIEFING
TA TTO0 ORDINANCE
ITEM # 49139 (Continued)
Counctlman Harrtson suggested competttton wtll make the servtce better Counctlman Harrtson advtsed the
locattons are restrtcttve He would prefer quahty operattons that meet strtngent standards and are able to
open tn more locations
The Ctty Attorney advtsed the General Assembly has provtded that Ctttes can regulate the tattoo/body
ptectng tndustry But, tn most cases, where tnvolvtng health professtonals, even barbers and beauttctans are
regulated by the State However, the State has chosen not to regulate thts area and the courts have satd the
ctttes cannot prohtbtt them And the state has mandated that ctttes must regulate
The City Attorney requested thts or&nance be DEFERRED unttl the Ctty Counctl Sesston of February 5,
as staff needs to research the legahttes The Ctty Attorney requested Ctty Counctl Ltatsons be appotnted to
asstst staff tn developtng amendments to the ordtnance
January 8, 2002
- 19-
CITY COUNCIL COMMENTS
4:20 P.M.
ITEM # 49140
Vtce Mayor Sessoms referenced &scusstons wtth Robert Jones, Chatrman- Development Authority and
Patrtcta Phtlhps, Dtrector of Ftnance Vtce Mayor Sessoms ts requesttng the Development Authority brtef
the Ctty Counctl relattve the Balance Sheet Relative the Bank of Amertca loan, there are contracts tn place
whtch wtll "wtpe out" the rematntng $300,000 debt There ts sttll debt deptcted on the balance sheet to the
Ctty of Vtrgtnta Beach (gotng back to 1974) The Ctty ts at a turntng potnt where t. f the Authority's land sales
conttnue, tt wtll allow them to butld up some cash reserve Corporate Lan&ng wtll requtre expen&tures
related to roads Vtce Mayor Sessoms would prefer the Development Authortty utthze cash reahzed from
land sales for thts type of tnfrastructure vs requesttng the funds from Ctty Counctl The Ctty Council had
prevtously stated the Development Authority would not borrow funds wtthout Ctty Counctl approval Vtce
Mayor Sessoms wtll be requesttng the Development Authority's debt be removed from the Balance Sheet
There are reserves for these loans
ITEM # 49141
Counctlman Man&go comphmented the new boat ramp facility at the Lesner Bridge There ts adequate
clearance and room for boats comtng and gotng There ts adequatepter space for them to rte up Counctlman
Man&go &d not nottce any bumpers on the pilings Thts wtll be tmportant to protect the boats agatnst
damage Counctlman Man&go wtshed to congratulate the Ctty Manager, Parks and Recreatton, and all
other Ctty personnel tnvolved tn thts project
January 8, 2002
- 20-
ITEM # 49142
Vtce Mayor Wdham D Sessoms, Jr, called to order the INFORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL tn the Ctty Councd Conference Room, Ctty Hall Budding, on Tuesday, January
8, 2002, at 4 25 P M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, }Vdham }V 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
January 8, 2002
- 21 -
ITEM # 49143
Vice Mayor Wdham D Sessoms, Jr, entertained a motion to permit City Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospective can&dates for employment, assignment, appointment,
promotton, performance, demotton, salartes, dtsctphntng, or
restgnatton of spectfic pubhc officers, appomtees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wit Appointments
Boards and Commissions
Revtew and Allocatton Commtttee
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where dtscusston tn an open meetmg
would adversely affect the bargatntng posttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Agrtcultural Reserve Program -Prtncess Anne Dtstrtct- two parcels
LEGAL MATTERS 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)
Neptune's Corner Restaurant, Inc, et al v Ctty of Vtrgtnta Beach
Upon motton by Counctlman Harrtson, seconded by Counctlman Branch, Ctty Counctl voted to proceed
tnto CLOSED SESSION.
Vottng 10-0
Counctl Members l/'ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham PV Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, dr
and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Mayor Meyera E Oberndorf
(Time of Closed Session: 4:30 P.M. to 5:00 P.M.)
.January8, 2002
- 22 -
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 8, 2002
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, Ctty Hall Butldtng, on Tuesday, danuary 8, 2002, at 6 O0 P M
Councd Members Present
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice
Mayor Wdhams D Sessoms, Jr and Rosemary Wdson
Council Members Absent
None
INVOCATION
Reverend Danny 0 'Neal
Princess Anne Plaza Umted Metho&st Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal mterest", as defined tn the Act, either mdtvtdually or tn hts
capactty as an officer of Wachovta Bank whtch recently merged wtth Ftrst Union Nattonal Bank The Vtce
Mayor regularly makes thts Dtsclosure as he may not know of the Bank's tnterest tn any apphcatton that may
come before Ctty Councd Vtce Mayor Sessoms' letter ts hereby made a part of the record
danuary 8, 2002
~em ~E
- 23 -
CER TIFIC/I TION OF
CLOSED SESSION
ITEM # 49144
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc busmess matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
this certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convening the Closed Sesston were heard, dtscussed or considered by
Vtrgmta Beach Ctty Counctl
Voting I0-0
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, dr, Nancy K Parker, Vtce Mayor Wtlhams D Sessoms, dr and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Mayor Meyera E Oberndorf
Counctl Members Absent
None
Mayor Oberndorf ABSTAINED as she as not tn attendance durtng the Closed Sesston She was returmng
from Rtchmond where she was atten&ng a special called brtefing by Governor-Elect Mark Warner re
Economtc and Ftscal Roundtable as part of the VML Delegatton
January 8, 2002
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 # 49143, page 21, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(A) 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, Co) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
l(uth Hodges ~mith, MMC
City Clerk
January 8, 2001
Item V-F. 1.
- 24 -
MINUTES
ITEM # 49145
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Jones, Ctty Councd APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of December 18, 2001.
Vottng 11- 0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham IV Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, Mayor MeyeraE Oberndorf Nancy K Parker, Vtce Mayor
IVtlham D Sessoms, dr and Rosemary IVtlson
Councd Members Vottng Nay
None
Councd Members Absent
None
,January 8, 2002
- 25 -
Item V-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 49146
BY CONSENSUS, City Councd ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 8, 2002
- 26-
Item V-G. 2.
M,4 YOR 'S PRESENT,4 TION
ITEM # 49147
Mayor Oberndorf recogntzed the followtng Boy Scouts tn attendance to earn thetr mertt badge
TROOP 364
Sponsored by Bayside Presbyterian Church
Jeff }Failer
,4dult Leader
TROOP 441
Sponsored by the Church of Latter Day Saints.
Rusty Mosley
,4dult leader
January 8, 2002
-27-
Item V-H. 1.
PUBLIC HEARING
ITEM # 49148
Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING:
ELECTION DISTRICT PRECINCT CHANGES:
a. Close the Forest voting precinct
b. Modify the boundaries of the Malibu voting precinct
c. Establish new polling places for the
Seatack and North Beach voting precincts
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
January 8, 2002
- 28-
Item V-H. 2. a.
PUBLIC HEARING
ITEM # 49149
Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING:
TAX EXEMPTION REQUESTS
American Environment Foundation
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
January 8, 2002
- 29-
Item V-H. 2. b.
PUBLIC HEARING
ITEM # 49150
Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING:
TAX EXEMPTION REQUESTS
Beth Sholom Terrace
Attorney Wtlham L Nusbaum, 1700 Domtmon Tower, Norfolk, Phone 622-4226, who represented the
apphcant, ts tn agreement with the DEFERRAL until the City Counctl Sesston of January 22, 2002
Mr Nusbaum advtsed the apphcant ts under a "ttght" deadltne wtth the General Assembly
The Subcommittee constdertng thts apphcatton wtll meet on January 14th and 21st and are not certatn
they will meet after these dates The Resolutton must be presented prtor to approval by the full Committee
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
.January 8, 2002
Item V-I.
- 30-
ORDIN,4NCES/RESOL UTION
ITEM # 49151
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ,4PPROVED IN
ONE MOTION, Ordtnances/Resoluttons 1, 2 a/b (Deferred), 3, 4 (Deferred), 6 (Deferred) 7 and 8 of the
CONSENT,4 GEND,4.
Items 2a/b wtll be DEFERRED, BY CONSENT, until the Ctty Counctl Sesston of January 22, 2002
Item 4 wtll be DEFERRED, BY CONSENT, unttl the Ctty Counctl Sesston of February 5, 2002
Item 6 wtll be DEFERRED INDEFINITEL Y, B Y CONSENT
Votmg 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 8, 2002
Item V-I. 1.
-31 -
ORDINANCES/RES OL UTION
ITEM # 49152
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to AMEND ~10-1 of the Ctty Code
a Close the Forest vottngprectnct
b Mo&fy the boundartes of the Mahbu vottngprectnct
c Estabhsh new polhngplacesfor the Seatack and
North Beach vottng precmcts
Voting I 1-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Absent
None
January& 2002
AN ORDINANCE TO AMEND AND REORDAIN
CITY CODE ~ 10-1 BY CLOSING THE
FOREST PRECINCT AND ESTABLISHING
NEW POLLING PLACES FOR THE SEATACK
AND NORTH BEACH PRECINCTS
SECTION AMENDED: ~ 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sectmon 10-1 of the Cmty Code ms hereby amended and
10 reordained to read as follows:
11 Sec. 10-1. Establishment of precincts and polling places.
12 There are hereby establmshed in the city the followmng precincts
13 and their respective polling places, as set forth below:
14 Precinct
Polling Place
15 Alanton
Alanton Elementary School
16 Aragona
Kemps Landing Magnet School
17 Arrowhead
Arrowhead Elementary School
18 Baker
Heritage United Methodist Church
19 Bayside
Bayside Elementary School
20 Bellamy
Salem Middle School
21 Blackwater
Blackwater Fire Station
22 Bonney
Center for Effective Learning
23 Brandon
Brandon Middle School
24 Brookwood
Brookwood Elementary School
25 Buckner
Holy Spirit Catholic Church
26 Cape Henry
27
28
29 Capps Shop
Research and Enlightenment Building
(Edgar Cayce Library)
P.A. Mosquito Control Building
30 Centerville
Centerville Elementary School
31 Chesapeake Beach
Bayside Baptist Church
32 College Park
33 Colonial
34 Colony
35 Courthouse
College Park Elementary School
Colonial Baptist Church
Lynnhaven Colony Congregational Church
Courthouse Fmre Statmon
36 Creeds Creeds Fire Station
37 Culver Ocean Lakes H~gh School
38
39
4O
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
6O
61
62
63
64
65
66
67
68
69
Dahlia
Davis Corner
Eastern Shore
Edinburgh
Fairfield
Foxfire
Glenwood
Great Neck
Green Run
Hmlltop
Holland
Homestead
Hunt
Indian Lakes
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
London Bridge
Lynnhaven
Magic Hollow
Malibu
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Park
Oceana
Green Run High School
Bettie F. Williams Elementary School
Eastern Shore Chapel
St. Aidan's Epzscopal Church
Fairfield Elementary School
~,ings ~rant ~,lementary School
Princess Anne Middle School
Glenwood Elementary School
Ail Saints Episcopal Church
Green Run Elementary School
Good Shepherd Lutheran Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
Indian Lakes Elementary School
St. Nicholas Catholmc Church
K~ngston Elementary School
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Virginia Beach Community Chapel
London Bridge Baptist Church
Grace Bmble Church
Roma Lodge No. 254
Malibu Elementary School
Windsor Woods Elementary School
Galilee Epzscopal Church
First Baptist Church of Virginia Beach
Ocean Lakes Elementary School
Bayside Christian Church
Scott Memorial United Methodist Church
70 Old Donation Old Donation Center for Gifted
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Roundhill
Rudee
Salem
Seatack
Shannon
Shell
Shelton Park
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Thalia
Thoroughgood
Timberlake
Trantwood
Village
Windsor Oaks
Witchduck
Wolfsnare
Woodstock
Central Absentee
Voter Precinct
Pembroke Elementary School
Lynnhaven Elementary School
Kempsville Church of Chrzst
Kempsville Recreatmon Center
Fare Training Center
Rosemont Forest Elementary School
Salem High School
Virginia Beach Volunteer Rescue Squad
Building
Salem United Methodist Church
Virginia Beach Law Enforcement
Training Academy
Seatack Cemmunity Recreatien Center
Church of the Ascension
Unity Church of Tzdewater
Shelton Park Elementary
St. Matthews Catholic Church
St. John the Apostle Catholic Church
Contemporary Art Center of Virginia
Provmdence Elementary School
Strawbridge Elementary School
Thalia Elementary School
Independence Mmddle School
White Oaks Elementary School
Virginia Beach Christian Church
Thalia Lynn Baptmst Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Virginia Beach Christian Life Center
Avalon Church of Christ
Agriculture/Voter Registrar Building
103 BE IT FURTHER ORDAINED'
104
That the Malibu precmnct boundaries are expanded to
105 encompass the former Forest precinct, as detailed on the map
106 titled "Precinct Boundary Changes" filed with the City Clerk
107 on January 8, 2002, are hereby approved.
108
109
110
111
112
113
114
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this ~th day of .~n,~, , 2002.
CA-8290
DATA/ORDIN/PROPOSED/10-1. ord. wpd
R3
December 18, 2001
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY:
~epar%hent of
OLD
',VBRC
BON, CREEK
.,
PARK
HI
NEW
41
VBRC
Bo-W-, ~REEK
]NE
PARK
I..-I I
Item V-L2.
- 32-
ORDINANCES/RES OL UTION
ITEM # 49153
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl DEFERRED TO
CITY COUNCIL MEETING OF JANUARY 22, 2002
Resoluttons re legtslatton to destgnate the followtng benevolent
corporattons TAX EXEMPTre ail state and local real estate and personal
property:
a Amertcan Envtronment Foundatton
b Beth Sholom Terrace
Vottng I 1-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Council Members Vottng Nay
None
Counctl Members Absent
None
January 8, 2002
- 33 -
Item V-I. 3.
ORDINANCES/RES OL UTION
ITEM # 49154
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton to ACCEPT the Beaches and Waterways Advtsory
Commtsston's Personal Watercraft Advisory Report, and, request the CtO,
Manage to effectuate the approprtate actton
Votmg 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 8, 2002
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
A RESOLUTION TO RECEIVE AND ACCEPT THE BEACHES
AND WATERWAYS ADVISORY COMMISSION'S PERSONAL
WATERCRAFT ADVISORY REPORT AND TO REQUEST
APPROPRIATE ACTION BY THE CITY MANAGER
WHEREAS, the Beaches and Waterways Advisory Commissmon
was charged with preparing a Personal Watercraft Advisory Report,
which reviews the City's regulations and policies related to
personal watercraft; and
WHEREAS, a subcommittee of the Advisory Commmsslon, the
Personal Watercraft subcommittee, researched the ~ssues involved
and prepared a comprehensive report, which includes recommendations
as to public education on personal watercraft operation, as well as
suggested City Code and State Code revisions; and
WHEREAS, the Beaches and Waterways Advisory Commission on
May 15, 2001 adopted the report.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the report entitled "Personal Watercraft
Advisory Report," dated May 2001, and attached hereto, zs hereby
received and accepted by the City Council.
2. That the City Manger is hereby requested to take
appropriate actions necessary to effectuate the recommendations of
the report.
Adopted by the Council of the City of V~rginma Beach,
V~rginia, on the 8th day of January , 2002.
CA-8341
ORDINkNONCODEkbeachesres.wpd
R-2 - January 2, 2002
APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL SUFFICIENCY'
C~ty Attorney
City V rginia Beach
Personal Wate;'craft Advi;ory Report
May 2001
BACKGROUND: This report presents the Beaches and Waterways Advisory Commission's
response to City Council's request of October 2000 for a review of the City's regulations and
policies related to personal watercraft and recommendations to enhance boating safety. This task
was subsequently expanded through Council Member and public coordination to include noise
impacts for waterfront neighborhoods and to include all classes of vessels.
While boating safety was the initial task, this referral appeared to have resulted from a petition
signed by over 100 waterfront property owners in the Linkhorn Bay area seeking relief from boating
safety and noise impacts related to the proliferation of personal watercraft .an.d loud vessels in
general. The revisions to the task's scope appear to be more responsive to the community's request.
In response to this assignment, the Commission formed a Personal Watercraft Subcommittee to
perform research and public coordination and to form the basis for the Commission's
recommendations. The Subcommittee was Chaired by Commissioner Garland Payne and included
Commissioners Dan Brockwell and Whitt Sessoms. The Subcommittee met eight times, including
a boat tour and a public workshop, with staff and interested members of the public to review the
relevant regulations and discuss and evaluate potential recommendations for improvement.
STAFF INPUT: The Subcommittee was supported in this task by the City Attorney's Office, the
Police Department's Marine Patrol, General Service's OcCupational Health and Safety, and the
Departments of Public Works, Parks and Recreation and Emergency Services. City staff assisted by
gathering the relevant regulations and participating in discussions related to operational and budgetary
considerations of potential recommendations.
PUBLIC INPUT: Interested members of the public were invited and encouraged to participate in
all of the Subcommittee's meetings, except the boat tour due to space limitations. Representatives of
the waterfront property owners who signed the original petition and personal watercraft industry
members and enthusiasts regularly attended the Subcommittee's meetings and contributed to the
discussions. An advertised Public Workshop was conducted by the Subcommittee on April 19,
attended by approximately 20 interested citizens. The input received at the Public Workshop was of
great value, and in general the public in attendance appeared to concur with or helped form the
recommendations in this report.
RECOMMENDATIONS: The following recommendations are separable into three parts: public
education, code revisions and enforcement.
Public Education:
It is recommended that a brochure be produced and distributed to all City-registered boat
owners, and be made available at all public boat ramps and to the boating retail industry,
seeking voluntary compliance with a request for minor behavior modifications. A map on the
brochure would identify those waterway areas in our City where the width of the waterway is
not sufficient for 'open use' without impacting the quiet repose of the adjoining waterfront
property owners. These areas would be designated as 'Courtesy Zones' where boaters would
be asked to limit or modify their activities to allow the adjoining neighbors to safely use the
waterway in unmotored craft and to enjoy reasonable noise levels. The message in the brochure
should be clear that this is a voluntary program of behavior modification, seeking to ease the
impacts on the adjoining neighborhoods, and that if a change does not result new regulations
limiting the lawful use of the waterway may be necessary. The brochure audience should
include all vessels, not just personal watercraft.
It is recommended that the brochure also be distributed to waterfront property owners in the
City, to assist them in understanding what activities are considered appropriate in the
waterways, and to provide them with a easier method of contacting the Marine Patrol to report
code violations and seek help in advancing the voluntary program. It is recommended that the
Marine Patrol desk number be automatically transferred to the Police non-emergency number
when unmanned so that a dispatcher can assure contact with the Marine Patrol.
It is recommended that a volunteer waterway patrol program be explored, where personal
watercraft and boating clubs would be encouraged to establish patrols to enhance compliance
with the Courtesy Zone restrictions and general boating safety regulations.
Code Revisions:
It is recommended that City expand the bayfront swimming area designated in City Code 6-
16.1, Recreational Area for Swimming, to include the Atlantic Ocean coast, requiring the
operation of all motorboats within 100 yards of the shoreline be subject to terms defined therein.
It is recommended that City Code 6-16.1, Recreational Area for Swimming, be evaluated for
potential changes to enhance enforceability of the requirement to remain 100-feet clear of
swimmers.
It is recommended that City Code 6-109, Muffling Devices for Motor Boats, be reviewed for
consistency with vehicle exhaust regulations and modified to enhance enforceablility.
It is recommended that City Code 6-110, Noise Created By Persons Aboard Boat or Other
Water Craft, be modified to clarify that the noise under regulation includes noise generated by
the boat or watercraft.
It is recommended that Section 29.1-738.03 of the Code of Virginia, Reckless Operation of
Personal Watercraft, be incorporated into Chapter 6 of the City Code to allow citations to be
written under local authority.
It is recommended that the City encourage the General Assembly to modify Section 29.1-744.1,
Local Regulation of Personal Watercraft Distance From Shore, to allow a locality to enact a
distance greater than the fifty feet currently provided.
It is recommended that the City encourage the General Assembly to enact a law allowing
localities to create a new waterway designation, a Pass Through Zone, wherein boaters would
be restricted to transiting the designated waterway at cruising speed, but would not allowed to
loiter or maneuver for recreation.
It is recommended that the City encourage the General Assembly to enact a law requiring the
use of spill-proof fueling devices for personal watercraft.
Enforcement:
It is recommended that the Police Department be directed to temporarily reallocate staff at the
beginning of each boating season to the Marine Patrol to bolster the patrol's presence and to set
the tone for the season. The additional resources should assist with the dissemination of the
brochures and message to the marine retail industry and at public boat ramps, work with the
boating and personal watercraft clubs to establish courtesy patrols, and show a higher presence
on the waterways to promote compliance with existing laws and with the voluntary behavior
program.
It is recommended that the Police Department be directed to limit the number of warnings
issued for boating violations, and that more citations be issued to promote safety on our
waterways.
It is recommended that future issuance of conditional use permits for personal watercraft rental
operations within Rudee Inlet be limited or curtailed.
By and for the Virginia Beach, Beaches and Waterways Advisory Commission, May 15, 2001:
GV. G~trla~ci-Payne ~ ¥
Personal Watercraft Subcommittee Chairman
Thomas E. Fraim( '~ ~
Chairman, Beaches and Waterwaya
Advisory Commission
Item V-I. 4.
- 34-
ORDINANCES/RES OL UTION
ITEM # 49155
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Counctl DEFERRED until
CITY COUNCIL MEETING OF FEBRUARY 5, 2002:
Ordtnance to AMEND ~ 23-51 and ,~ 23 53 1 of the Ctty Code re
Tattooing and Body Piercing (Deferred December 11, 2001)
Votmg I I-0 (By ConsenO
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
January 8, 2002
Item V-I. 5.
- 35-
ORDINANCES/RES OL UTION
ITEM # 49156
Andrea Ktlmer, 801 Costa Grande Drtve, Phone 721-2908, regtstered tn OPPOSITION
A MOTION was made by Vtce Mayor Sessoms, seconded by Counctl Lady Henley to ADOPT an
Ordtnance to AUTHORIZE expendtture of capttal project funds tn the amount of $160,000 re
Sandbridge Corridor tmprovements and costs assoctated wtth the US Fish and Wildlife Services
acqutsttton of the Lotus Creek property
A SUBSTITUTE MOTIONwas made by CounctlLady Eure, seconded by Counctl Lady McClanan
to DENY an Ordtnance to AUTHORIZE the expendtture of capttal project funds tn the amount of
$160,000 re Sandbridge Corridor tmprovements and costs assoctated wtth the U S Fish and
Wildlife Services acqutsttton of the Lotus Creek property
Vottng
3-7 (MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Vottng Aye
Margaret L Eure, Reba S McClanan, and Rosemary Wtlson
Counctl Members Vottng Nay
Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf , Nancy K Parker
and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
None
Counctlman Jones DISCLOSED and ABSTAINED as he has an ownershtp tnterest tn Resource Bank whtch
exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creek property
January 8, 2002
Item V-I. 5.
- 36-
ORDINANCES/RESOLUTION ITEM # 49156 (Continued)
A SUBSTITUTE MOTION was made by Counctl Lady Wdson, seconded by Counctl Lady Eure, to
DEFER, unttl a response can be provtded durtng the Closed Sesston, an Ordtnance to AUTHORIZE
the expendtture of capttal project funds tn the amount of $160,000 re Sandbridge Corridor
improvements and costs associated wzth the US Fish and Wildlife Services acqmsttton of the Lotus
Creek property
Vottng
3-7 (MOTION LOST TO A NEGATIVE VOTE)
Counctl Members Vottng Aye
Margaret L Eure,, Reba S McClanan, and Rosemary Wtlson
Counctl Members Voting Nay
Lmwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf , Nancy K Parker
and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
None
Counctlman Jones DISCLOSED and ABSTAINED as he has an ownershtp interest tn Resource Bank whtch
exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creek property
January 8, 2002
Item V-I. 5.
-37-
ORDINANCES/RESOLUTION ITEM # 49156 (Continued)
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Henley, Ctty Counctl ADOPTED:
Ordtnance to AUTHORIZE expendtture of capttal proJect funds tn the
amount of $160,000 re Sandbridge Corridor tmprovements and costs
assoctated wtth the U S Fish and Wildlife Services acqutsttton of the
Lotus Creek property
Vottng 7-3
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M Henley,
Robert C Man&go, Jr, Mayor Meyera E Oberndorf , Nancy K Parker
and Vice Mayor Wtlham D Sessoms, dr
Council Members Voting Nay
Margaret L Eure, Reba S McClanan and Rosemary Wtlson
Counctl Members Abstatntng
Louts R Jones
Counctl Members Absent
None
Counctlman.Jones DISCLOSED and ABSTAINED as he has an ownershtp tnterest tn Resource Bank whtch
exceeds 3% of the asset value of the bank Resource Bank holds a note on the Lotus Creek property
January 8, 2002
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AN ORDINANCE TO AUTHORIZE THE
EXPENDITURE OF $160,000 FROM CAPITAL
PROJECT #2-151, SANDBRIDGE CORRIDOR
IMPROVEMENTS, FOR COSTS ASSOCIATED
WITH THE IINITED STATES OF AMERICA'S
ACQUISITION OF THE LOTUS CREEK
PROPERTY
WHEREAS, the City desires to preserve as open space certamn
real property owned by Lotus Creek Associates, L. P. ("Lotus
Creek") and has agreed to pay to Lotus Creek $160,000 to settle any
and all claims that Lotus Creek may have against the City and to
ensure the sale of the property to the United States of America;
and
WHEREAS, funds are available in Capital Project #2-151,
Sandbridge Corridor Improvements, that may be authorized by City
Council to be used for the payment described above.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the City Council authorizes that $160,000 avazlable in
Capital Project #2-151, Sandbridge Corridor Improvements, be paid
to Lotus Creek Associates, L. P. to settle any and all potential
claims that it may have against the City and to ensure that the
property is sold to the United States of America to be administered
by the U. S. Fish and Wildlife Service as part of the Back Bay
National Wildlife Refuge.
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Adopted by the Council of the City of V~rgmn~a Beach,
Virginia, on the 8th day of ~!a]lL~r_y, 2002.
CA-8359
Ordin/noncode/USA-LOTUS CREEK.ord
January 2, 2001
R2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
City Atto~n~'- ~ /
- 38-
Item V-I. 6.
ORDINANCES/RES OL UTION
ITEM # 4915 7
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd DEFERRED
INDEFINITELY
Or&nance to declare EXCESS PROPERTY on Lot 1 IA acqutred by the
Ctty for Harbor Pomt Road Extended and exchange satd property to F.
WA YNE and CHERYL P. McLESKEY for whtch they wtll convey Parcel
B and C to the City, and, authorize the City Manager to execute an
agreement for the exchange of satd property (Deferred December 18,
2001)
Votmg 11-0 (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, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 8, 2002
Item V-I. 7.
- 39-
ORDINANCES/RES OL UTION
ITEM ii 49158
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to authorize acqutsttton of property tn fee stmpte for public
parking at the Virginia Beach Pavilion Conference Center, etther by
agreement or condemnatton
Vottng 11-0 (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, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 8, 2002
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AN ORDINANCE TO AUTHORIZE ACQUISITION
OF PROPERTY IN FEE SIMPLE FOR PUBLIC
PARKING AT THE VIRGINIA BEACH PAVILION
CONFERENCE CENTER, THE ACQUISITION OF
THE PROPERTY TO BE EITHER BY
AGREEMENT OR BY CONDEMNATION
WHEREAS, in the opinion of the Council of the City of Vlrglma Beach, Virginia,
a public necessity exists for the construction of this important site to provide pubhc parking at the
Virginia Beach Pavilion Convention Center, and for other public purposes for the preservation of
the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the
City of Virginia Beach.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1 That the City Council authorizes the acquisition by purchase or by
condemnation, pursuant to Sections 15 2-1901, et seq., and Section 15.2-967 of the Code of Vlrg~ma
of 1950, as amended, of all that certain real property in fee s~mple, described as:
Parcel
01
02
03
04
06
07
08
09
10
11
12
13
14
15
16
17
18
36
37
38
39
40
41
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49
50
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60
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GPINNumber
2417-86-4990
2417-86-5907
2417-86-5944
2417-86-5986
2417-76-1445
2417-76-9797
2417-76-9707
2417-76-8738
2417-76-6482
2417-76-7305
2417-86-6937
2417-86-7976
2417-87-7032
2417-76-8228
2417-76-9265
2417-86-0229
2417-86-1209
2417-76-7492
2417-76-4254
2417-76-0418
2417-76-8750
2417-76-2195
2417-76-3130
2417-76-3413
2417-76-9665
2417-65-7915
2417-66-8229
2417-86-1707
2417-86-1371
2417-86-1397
2417-86-1482
2417-86-1549
2417-86-1614
2417-86-1627
2417-86-2321
58
59
6O
61
62
63
64
65
66
67
68
69
7O
71
72
73
74
75
76
77
78
79
8O
81
82
83
84
85
86
87
88
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90
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93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
Parcel GPINNumber
64 2417-66-9082
65 2417-87-8077
66 2417-87-9013
67 2417-87-9056
68 2417-76-1028
69 2417-76-5408
70 2417-76-5505
71 2417-76-4692
72 2417-76-4679
73 2417-86-8979
74 2417-87-8011
75 2417-76-9842
77 2417-76-7479
79 2417-66-9172
80 2417-66-9295
83 2417-87-7084
85 2417-86-2729
86 2417-86-0864
87 2417-86-0811
88 2417-86-1712
89 2417-86-1552
90 2417-86-1467
94 2417-76-7227
95 2417-76-7230
98 2417-76-5273
100 2417-86-1877
104 2417-86-2838
105 2417-86-3828
106 2417-86-3990
107 (comprising 55 condominIumunlts) 2417-76-9571
on that certain plat entitled: "PAVILION SITE LAND
ACQUISITION," dated December 14, 2001, which plat is on file in
the Department of Public Works, Engineering Division (address), and
being further described as all that property identified within the
acquisition boundary on said plat.
Together with the improvements thereon and all right, title and
interest ~n and to the streets, alleys and other rights-of-way abutting
said parcels.
Section 2 That the C~ty Manager is hereby authorized to make or cause to be made
on behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to
the owners or persons having an interest ~n said lands. If refused, the City Attorney 1s hereby
authorized to institute proceedings to condemn said property.
Adopted by the Council of the C~ty of Vlrglma Beach, V~rglnla, on the 8th day of
Januarv , 2002
DATE PREPARED December 21,2001
APPROVED AS TO LEGAL
SU.FFi, CIEI~CY AN,I~ F,ORM
CITY ATTORNEY
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Item V-L&
- 40-
ORDINANCES/RES OL UTION
ITEM # 49159
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to authorize temporary encroachments tnto a portton of the
Ctty's rtght-of-way of Cranston Lane by TIDEWATER IMPORTS, INC.,
re constructtng and matntatntng two (2) - 4" PVC Conduits
The followtng condtttons shall be requtred
The temporary encroachment wtll be constructed and
mamtatned tn accordance wtth the laws of the Commonwealth of
Vtrgtnta and the Ctty of Vtrgmta Beach, and tn accordance wtth
the City's spectficattons and approval
The temporary encroachment authortzed termtnates upon nottce
by the Ctty to the Grantee, and that wtthtn thtrty (30) days after
the nottce ts gtven, 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
The Grantee shall tndemntfy and hold harmless the Ctty, tts
agents and employees, from and against all clatms, damages,
losses and expenses tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
location or existence of the temporary encroachment.
Nothtng heretn contained shall be construed to enlarge the
permtsston and authortty to permit the matntenance or
constructton of any encroachment other than that specified
heretn and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the Grantee
The Grantee agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The Grantee must submtt and have approved a traffic control
plan before commenctng work tn the encroachment area
The Grantee agrees that no open cut of the pubhc roadway wtll
be allowed except under extreme ctrcumstances Requests for
excepttons must be submitted to the Htghway Operattons
Dtvtston, Department of Pubhc Works, for final approval
The Grantee must obtam a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthm the encroachment area
Prtor to tssuance of a rtght-of-waypermtt, the Grantee must post
surettes, tn accordance wtth thetr Engtneer's cost esttmate, to the
Office of Development Servtces Center/Planntng Department
January 8, 2002
Item V-I. 8.
- 41 -
ORDINANCES/RESOLUTION ITEM # 49159 (Continued)
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The Grantee must obtatn and keep tn force all-rtskproperty
insurance and general habthty or such tnsurance as ts deemed
necessary by the Ctty And all msurance pohctes must name the
Ctty as addtttonal named msured or loss payee, as apphcable
The Grantee also agrees to carry comprehenstve general habdtty
insurance tn an amount not less than $500,000, combtned stngle
hmtts of such insurance pohcy or pohctes The Grantee wtll
provtde endorsements provtdtng at least thtrty (30) days wrttten
nottce to the Ctty prtor to the cancellatton or termtnatton of, or
matertal change to, any of the tnsurance pohctes The Grantee
assumes all responstbthttes and habthttes, vested or conttngent,
wtth relatton to the temporary encroachment.
The Grantee must submtt for revtew and approval, a survey of
the encroachment area, certtfied by a regtstered professtonal
engtneer or a hcensed land surveyor, and/or "as butlt "plans of
the encroachment sealed by a regtstered professtonal engineer,
tf requtred by etther the Ctty Engineer's Office or the
Engtneertng Dtvtston of the Pubhc Utthttes Department
The Ctty, upon revocatton of such authortty and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the Grantee and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
reqmre the Grantee to remove the temporary encroachment; and
pending such removal, the Ctty may charge the Grantee for the
use of the encroachment area, the equtvalent of what would be
the real property tax upon the land so occupted tf tt were owned
by the Grantee, and tf such removal shall not be made wtthtn the
ttme ordered heretnabove by thts agree~nent, the Ctty may tmpose
a penalty tn the sum of One Hundred Dollars ($100)per day for
each and every day that the temporary encroachment ts allowed
to conttnue thereafter, and may collect such compensatton and
penalties tn any manner provtded by law for the collection of
local or state taxes
Votmg 11-0 (By Consent)
Counctl Members Votmg 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, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Council Members Voting Nay
None
Counctl Members Absent
None
.January 8, 2002
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY OF CRANSTON LANE BY
TIDEWATER IMPORTS, INC., ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, Tidewater Imports, Inc., desire to construct and
maintain 2 - 4" PVC Conduits into the City's right-of-way located
at Cranston Lane off of Virginia Beach Boulevard.
WHEREAS, C~ty Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize a temporary encroachments upon the C~ty's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended Tidewater Imports, Inc., ~ts heirs, assigns and successors
· n t~tle is authorized to construct and maintain a temporary
encroachment for 2 - 4" PVC Conduits in the City's r~ght-of-way as
shown on the map entitled: "ENCROACHMENT REQUESTED BY TIDEWATER
IMPORTS, INC. INTO CRANSTON LANE NORTH OF VIRGINIA BEACH
BOULEVARD," a copy of which is on f~le in the Department of Public
Works and to which reference ~s made for a more particular
description; and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
T~dewater Imports, Inc., (the "Agreement") which is attached hereto
and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or h~s
authorized designee is hereby authorized to execute the Agreement.
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BE IT FURTHER ORDAINED, that this Ordmnance shall not be
in effect until such time as Thaddeus J. Nowak, CFO Executive Vice
President of T~dewater Imports, Inc., and the City Manager or hms
authorized designee execute the Agreement.
Adopted by the Council of the City of Vmrginia Beach,
Vmrginia, on the 8th day of January ' 2002.
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CA-#
gsalmons/tldewater/ord.
R-1
PREPARED: 11.29.01
9~ROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LE~
SUFFICIENCY AND F(~BM }
CITY ATTOI~EY
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-81 l(cX4) REIMBURSEMENT
ALrI'}IORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this IC~q~- day of ]X~O0~/' ,20 O~, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and TIDEWATER IMPORTS, INC, a Virginia Corporation, ITS ASSIGNS AND
SUCCESSORS IN TITLE, "Grantee", party of the second part
WITNESSETH
That, WHEREAS, the Grantee ~s the owner of that certain lot, tract, or parcel of
land designated and described as "Parcel 'B', AREA = 2 919 ACRES, DEDICATED AREA -
0 108 ACRE, TOTAL AREA = 3 027 ACRES" as shown on "PLAT OF PARCEL 'B' FOR
BEACHVARD CORP, SCALE 1"=100', MARCH 27, 1972" by Talbot, Wermers, & Standing,
LTD and recorded in D B 1265, at page 114 in the Clerks Office of the Circuit Court of the C~ty
of Virginia Beach and being further designated and described as 3152 Virginia Beach Boulevard,
Virgima Beach, Virginia 23452, and
That, WHEREAS, it is proposed by the Grantee to construct and maintain two, four
~nch PVC Conduits, "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 street known as Cranston
Lane north of V~rginia Beach Boulevard, "The Temporary Encroachment Area", and the Grantee
has requested that the City permit a Temporary Encroachment within The Encroachment Area
GPIN 1497-05-4679-0000
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 m 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' "PLAN SHOWING
PROPOSED ENCROACHMENT INTO CITY OF VIRGINIA
BEACH RIGHT OF WAY AT CRANSTON LANE NORTH
OF VIRGINIA BEACH BOULEVARD FOR TIDEWATER
IMPORTS, INC. VIRGINIA BEACH, VIRGINIA SCALE:
1'-20' OCTOBER 3, 2001REVISED 10-31-01" a copy of
which is attached hereto as Exhibit "A" and to which reference
is made for a more particular description.
It ~s 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 g~ven, 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 submit
and have approved a traffic control plan before commencing work in The Encroachment
Area
It ~s 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 submitted 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 ~ssuance of a right
of way permit, the Grantee must post sureties, ~n 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 is
deemed necessary by the Clty, 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 hability 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 termination 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 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 w~thin the time ordered hereinabove by th~s Agreement, the City may ~mpose
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 T~dewater Imports, Inc., has caused this
Agreement to be executed in its corporate name and on its behalf by Its CFO Executive
Vice President, and its corporate seal to be hereto affixed w~th due authority by its board
of directors. Further, that the City of Virginia Beach has caused this Agreement to be
executed in ~ts 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
(SEAL)
ATTEST'
C~ty Clerk
~ROVED AS TO CONTENI
I / . SIGNAT'LJRE
OEPARTMENT
By
City Manager/Authorized
Designee of the City Manager
APPROVED AS TO
LEGAL ~ ' ~' '
oUFF, CIEN~Y
CFO Executive Vice President
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,20__, by
, CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-w~t.
The foregoing instrument was acknowledged before me this
day of
,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF
VIRGINIA BEACH.
Notary Public
My Commission Expires.
OUNTY~'OF V{t'~)[, ,[61..Pot¢((/~. to-wit
The foregoing instrument was acknowledged before me this ~1
J O¢¢ffL )bC ., 2o0l, by Thaddeus J Nowak, CFO Executive Vice President on
__ day of
behalf of Tidewater Imports, Inc.
Notary Public
My Comm,ss,on Expires' '.3~bgltOJ~ Z~9, ~0~,..~
LOCATION MAP
SCALE: 1" --
1,600'
t
LOCATION
MAP SHOWING
ENCROACHMENT REQUESTED BY
TIDEWATER IMPORIS, INC.
INTO CRANSTON LANE NORTH OF
VIRGINIA BEACH BOULEVARD
SCALE: 1" -- 100'
PREPARED BY P/W ENG. DRAFT. 21-DEC-2001
PARCEL TWO
NOW OR FORMERLY
4ALL TIDEWATER, LTD. PARTNERSHIP
(D.B. 21~, P. ~79) (M.B. 161, P. r~)
GPtN: 1(97-05-2565
ZONED B-2
4" D I. SAN. I. AT
(APPROX LOCATION,)
~10 PARKING
SIGN
,l" Cl
8'CI
SMH
RIM= 12 81
INV =9 96
EXIST GAS LINE
COBRA
ST. LIGHT
MERCURY VAPOR
30' H T CONC POLE
100 WATTS
~YH-22
EXISTING
BUILDING
·
THE PROPOSED 4"
CONDUITS WILL BE USEC
I FOR COMPUTER CABLES
BETWEEN THE TWO (2)
DEALERSHIPS.
* APPROXIMATE LOCATIONS.
CONTRACTOR MUST VERIFY
IN FIELD.
NOW OR FORMERLY
TIDEWATER IMPORTS. INC.
(DB 2167, P 0809) (M.B. 133, P. 1)
C,~IN. 1497-05-4437
(DB. 1560, P. 0687) (M.B. 1265, P 114)
GPIN: 1497-05-4879
ZONED B-2
FOR
gGNAL
MANHOLE
K 15" RCP
WM.
CA TCH
BASIN (4,)
RIM- 13. 65
INV ,-5 05
CONC.
~ T.B.M.
SOUTHEAST
-- CORNER OF
CATCH BASIN VIRGINIA
ELEV,=13.65
20" WA TER (APPROX LOCA lION)
42" RCP ST
OVERHEAD POLE FOR
TRAFFIC SIGNAL LIGHTS
SDMH
RIM,- 1 J 56
INV,,=436
2¥" HRSD FORCE MAIN (APPROX LOCATION,)
BEACH BOULEVARD
(VAR~LE ~DTH R/W)
(Id B 161, P
PLAN SHOWING
Exhibit "A"
PROPOSED ENCROACHMENT INTO CITY OF VIRGINIA BEACH
RIGHT-OF-WAY
AT
CRANSTON LANE
NORTH OF VIRGINIA BEACH BOULEVARD
FOR
IIDEWA1ER IMPORTS, INC.
VIRGINIA BEACH, VIRGINIA
SCALE: 1'=20" OCTOBER 3, 2001
0 10 20 40 60 80 FEET
REVISED
_
10-31-01
GRAPHIC SCALE
I I I I IIll -" lB - - III ...... II IIII III ......
JO ~ 69.076
II ......
- 42 -
Item V-J.
PLANNING
ITEM # 49160
1. OLD BRANDON INVESTMENT
COMPANY, LLC
STREET CLOSURE
2. VOICE STREAM WIRELESS
MODIFICATION OF CONDITIONS
(June 9, 1998 APPROVED CUP
granted SPRINT PCS)
3. BETH SHOLOM TERRACE
MODIFICATION OF CONDITION
NO. 1 (March 9, 1999 AND
MODIFIED December 7, 1999
APPROVED CUP)
4. FRANK DOCZI
CONDITIONAL USE PERMIT
5. WOODFIN HEA TING, INC.
CONDITIONAL USE PERMIT
6. GAR YE. WEILER
CONDITIONAL USE PERMIT
7. SANDBRIDGE COMMUNITY CHAPEL
UNITED METHODIST CHURCH
CONDITIONAL USE PERMIT
8. SHAHPOR MAHGEREFTEH
CONDITIONAL USE PERMIT
January 8, 2002
Item V-J.
- 43 -
PLANNING
ITEM # 49161
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE
MOTION Items 1, 2, 4 (DEFER), 5 and 7.
Item 4 was DEFERRED, B Y CONSENT, unttl the Ctty Counctl Sesston of January 22, 2002
I/'ottng 11-0 (By ConsenO
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I4' Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary kVtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Counctlman Harrtson VERBALL YABSTAINED on Item K 1 (Old Brandon) as the apphcant ts a chent of
hts law firm
Counctl Lady McClanan voted a VERBAL NAY on Item K 1 (Old Brandon)
Counctl Lady Henley VERBALL YDISCLOSED AND ABSTAINED, Re Item K 4 (Frank Docz0 Pursuant
to Sectton 2 2-3114(E), Code of Vtrgtnta that she ts a parttal owner of property located adjacent to the
apphcant at 1613 Pleasant Ridge Road The City Attorney has advised her that she ts required to &sclose
her personal tnterest as tt meets the crtterta of a personal tnterest tn the transactton under the Confltct of
Interests Act, and that she ts dtsquahfied from parttctpatton tn thts transactton Counctl Lady Henley's letter
of December 18, 2001, ts hereby made a part of the record
January 8, 2002
Item V-J. 1.
- 44 -
PLANNING
ITEM # 49162
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED the
REVISED ORDINANCE, CONDITIONED UPON COMPLIANCE WITHIN 365 DA YS, the Petttton of
OLD BRANDON INVESTMENT COMPANY, LLC, for the &sconttnuance, closure and abandonment of
a portton of Old Provtdence Road
Or&nance upon Apphcatton of Old Brandon Investment Company, L L C,
for the chscontmuance, closure and abandonment of a portton of Old
Provtdence Road begtnntng at a potnt 209 38feet west of the mtersectton
of lndtan Rtver Road and Provtdence Road Satd parcel contains 13, 748
square feet DISTRICT1- CENTERVILLE
The followtng conchttons shall be requtred
The Ctty Attorney's Office wtll make the final determtnatton
regardmg ownershtp of the underlytngfee The purchase prtce to
be pard to the Ctty shall be determtned accordtng to the "Pohcy
Regardmg Purchase of Ctty 's Interest tn Streets Pursuant to Street
Closures," approved by Ctty Counctl Coptes of the pohcy are
avatlable tn the Plannmg Department
The portton of the rtght-of-way proposed for closure ts currently
fully tmproved wtth curb, gutter and asphalt and dratnage
structures The apphcant shall be responstble for removtng or
relocattng the tmprovements to the sattsfactton of the Department
of Pubhc Works and wtll also be responstble for dedtcattng
addtttonal rtght-of-way on Old Provtdence Road and constructtng
a new turn around at the new termtnus of Old Provtdence Road
meettng the Pubhc Works Spectficattons and Standards
The apphcant ts requtred to resubdtvtde the property and vacate
tnternal lot hnes to tncorporate the closed area tnto the adjotntng
parcels Theplat must be submttted and approved for recordation
prtor to final street closure approval
The apphcant shall vertfy the extstence or non-extstence of any
prtvate utthttes wtthtn the right-of-way proposed for closure
Prehmtnary comments from the utthty compantes tn&cate that
there are Dommton Power facthttes wtthm the rtght-of-way
proposed for closure Easements sattsfactory to Dommton Power
must be provtded If other prtvate utthttes do extst, easements
sattsfactory to the utthty company(s) shall be provtded
An 8-tnch gravtty samtary sewer hne extsts wtthtn the rtght-of-
way proposed for closure The determination of the continued
need for thts sewer hne wtll be made by Pubhc Utthttes durtng
stte plan revtew A pubhc utthty easement shall be dedtcated tf
Pubhc Utthttes deems thts necessary
All new butMtngs developed on the combtned property must be
conststent and compatible (determtned bY the Planning Dtrector)
tn archttectural and stte destgn detatls Access to Old Provtdence
Road shall be provtded on the stte plan If plans for any butldmg
to be developed on the combtnedproperty have not been approved
bY the Ctty wtthtn 365 days approval o_f the closure, thts
reqmrement for plan approval bY the Planmng Director may be
satts_fiedfor purposes of paragraph 7 bY recordtng a restrtctton
for the bene_fit of the Ctty Of Vtrgtnta Beach, tn_form and content
acceptable to the Ct _ty AttorneF, tmposmg such requirement on any
undevelopedparcel contamed tn the combtnedpropert¥ Provtded
further, such restrtctton must be stgned bY all approprtate parttes,
and dehvered to and approved bY the Ct~ Attorne¥ prtor to the
exptratton of the 365 daf pemod
January 8, 2002
Item V-d. 1.
- 45-
PLANNING
ITEM # 49162 (Contmued)
Closure of the rtght-of-way shall be conttngent upon comphance
wtth the above stated conditions wtthm 365 days of approval by
Ctty Counctl If the condtttons noted above are not accomphshed
and the final plat ts not approved wtthm one year of the Ctty
Counctl vote to close the rtght-of-way, thts approval shall be
considered null and votd
Vottng 9-1 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure,, Barbara M Henley, Louts R
Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K
Parker, Rosemary Wtlson and Wtlham D Sessoms, dr
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Abstatntng
Wtlham W Harrtson, Jr
Counctl Members Absent
None
Counctlman Harrtson ABSTAINED as the apphcant ts a chent of hts law firm
January 8, 2002
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS "OLD PROVIDENCE ROAD" AS SHOWN ON
THAT CERTAIN PLAT ENTITLED "STREET CLOSURE
EXHIBIT OF OLD PROVIDENCE ROAD, VIRGINIA BEACH,
VIRGINIA," A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT "A".
WHEREAS, on January 8, 2002, OLD BRANDON INVESTMENT COMPANY,
L L C., a V~rgm~a l~m~ted l~abll~ty company, applied to the Council of the City of V~rgm~a Beach,
V~rgmia, to have the hereinafter described street d~scontmued, closed, and vacated, and
WHEREAS, ~t ~s thejudgment of the Council that smd street be discontinued, closed,
and vacated, subject to certain conditions having been met on or before January 7, 2003;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the C~ty of Virginia Beach, Virginia, that the
hereinafter described streets be discontinued, closed and vacated, subject to certain conditions being
met on or before January 7, 2003.
All that certain lot, piece or parcel of land, sttuate, lying and being m the City of
Virginia Beach, Vlrglma, designated and described as "RIGHT OF WAY TO BE
VACATED, AREA = 0.26 AC. (11,157 SQ FT.), as shown on the plat entitled,
"STREET CLOSURE EXHIBIT, PORTION OF OLD PROVIDENCE ROAD,
VIRGINIA BEACH, VIRGINIA", dated 11/30/01, prepared by The TAF Group, a copy
of winch ~s attached hereto as Exlub~t "A", said property bmng more particularly
described as
Commencing at a pmnt ~n the right of way at the western ~ntersectton of Providence
Road and Indian R~ver Road and leamng said right of way in a westerly direction
along a bearing of N 79° 30' 49" W a d~stance of 209 38 feet to the tree pmnt of
beg~nmng, thence turning and proceeding in a southelly dlrectmn along a bearing orS
10° 29' 11" W a d~stance of 64 13 feet to a pmnt, thence turning and proceeding along
a beanng of N 79° 36' 39" W a d~stance of 73 60 feet to a pmnt, thence turning and
proceeding along a bearing of N 10° 29' 11" E a d~stance of 20 00 feet to a point, thence
turning and proceeding along a beanng of N 78° 45' 31" W a d~stance of 122.12 feet to
a point, thence turning and proceeding in a northerly direction along a beanng ofN 11 °
14' 29" E a d~stance of 39 86 feet to a point; thence turning and proceeding along a
beanng of N 47° 05' 23" W a distance of 21 47 feet to a point, thence turning and
proceeding along a bearing of S 79° 43' 27" E a distance of 136 01 feet to a point,
thence turning and proceeding along a beanng ofS 31° 47' 33" W a d~stance of 10.22
feet to a point, thence turning and proceedIng along a bearing of S 79° 43' 27 E a
d~stance of 81 01 feet to the true point of beginning Said parcel contains 11,157 sq
ft / 0 26 acres
GPIN'
SECTION II
The following conditions must be met on or before January 7, 2003
I The Ctty Attorney's Office will make the final determination regarding
ownership of the underlying fee The apphcant shall dedicate certmn right of way to the C~ty for Old
Providence Road, lndtan R~ver Road and Providence Road as depicted on the Exhibits filed with this
application The net area of right of way being closed and vacated by the City, in excess of the area
of right of way being dedicated to the C~ty by the applicant will be purchased fl-om the Ctty The
purchase price to be paid to the City shall be determined according to the "Pohcy Regarding
Purchase of Ctty's Interest ~n Streets Pursuant to Street Closures," approved by Ctty Council Copies
of the policy are avazlable In the Planning Department
2 The portion of the right of way proposed for closure is currently fully
nnproved wttb curb, gutter and asphalt and drainage stnlctures The applicant shall be responsible
for removing or relocating the ~mprovements to the satisfaction of the Department of Public Works
and will also be responsible for dedicattng additional right of way on Old Providence Road and
constructing a ne turn around at the new tern~lnus of Old Providence Road meettng the Public Works
Spectficattons and Standards
3 The apphcant ts required to resubdzvtde the property and vacate ~nternal lot
lines to incorporate the closed area IntO the adjoining parcels The plat must be submitted and
approved for recordation prior to final street closure approval
4. The applicant shall verify the existence or non-existence of any private
utlhttes, wttlun the right of way proposed for closure Preltnunary comments from the utlltty
companies tndlcate that there are Domlmon Power facll~ttes within the right of way proposed for
closure Easements satisfactory to Dominion Power must be provided If other private utilities do
exist, easements satisfactory to the utility company(s) shall be provided
5 An 8-tnch gravity sanitary sewer line exists within the right of way proposed
for closure. The deterlninatzon of the continued need for thts sewer line shall be made by Public
Utilities during the plan review A public utility easement shall be dedicated ~f Public Utilities
deems this necessary.
6. All new buildings developed on the combined property must be consistent and
compatible (determined by the Planmng Director) tn architectural and site design detatls Access
to Old Providence Road shall be promded on the site plan. If plans for any building to be developed
on the combined property have not been approved by the Ctty within 365 days of approval of the
closure, this requtrement for plan approval by the Planning Director may be sattsfied for purposes
of paragraph 7 by recording a restriction for the benefit of the C~ty of Virglma Beach, in form and
content acceptable to the City Attorney, lmpomng such reqmrement on any undeveloped parcel
contmned in the combined property Prowded further, such restriction must be signed by all
appropriate parties, and delivered to and approved by the City Attorney prior to the expiration of the
365 day period.
7. Closure of the right-of-way shall be contingent upon comphance with the
above stated conditions within 365 days of approval by City Council. If all con&tions noted above
are not accomplished and the final plat is not approved within one year of the C~ty Council vote to
close the roadway, this approval shall be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before January 7, 2003, this
Ordinance will be deemed null and void without further action by the C~ty Council.
2. If the preceding con&tions are met on or before January 7, 2003, this
Ordinance shall be recorded in the Clerk's Office of the Circuit Court of the C~ty of V~rgima Beach,
Virginia, and the street will be deemed closed
SECTION IV
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit
Court of the City of Virgima Beach, Vlrg~ma, and ~ndexed In the name of the CITY OF VIRGINIA
BEACH as "Grantor."
Adopted by the Council of the City of Virgima Beach, Virginia, on this 81:h day
of January ,2002.
CA-8265
12/4/200 !
12/7/2002
F \DataXATY~ormsXDeeds\STCLOSU~WORKlNGXca8265 2 ord
APPROVE D AS~ TO CQNTENT.
w- ,' _ --I '~"°2'P~n~g I~epartment
APPROVED AS TO LEGAL SUFFICIENCY
C~ty Attorney
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Item V4.2.
- 46-
PLANNING
ITEM # 49163
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd MODIFIED, WITH
CONDITIONS OF June 9, 1998, PLUS FOUR (4) NEW CONDITIONS, BY CONSENT, for VOICE
STREAM WIRELESS to construct a I O-foot extenston to an extsttng communtcatton tower approved on a
June 9, 1998, Condtttonal Use Permtt granted SPRINT PCS.
An Ordtnance upon Apphcatton of Votce Stream Wtreless for a Mo&ficatton
o_q[Condtttons, placed on a con&ttonal usepermtt for a communtcatton tower
granted to Sprint PCS on June 9, 1998 The parcel ts located on the west
stde of Lawson Road, south of Thoroughgood Road (GPIN #14 79-14-8203,)
Satd parcel ts located at 1707 Lawson Road and contatns 22,500 square
feet DISTRICT 4 - BA YSIDE
The followtng conchttons shall be requtred
Condtttons from June 9, 1998 Condtttonal Use Permtt
1 Futurejotnt useforprtmary and secondary tower users must be
accommodated on thts tower at reasonable terms
The proposed tower must be designed and constructed tn similar
fashton as the extsttng monopole structure, tncludtng coloratton
and hghttng of the tower However, no addtttonal strobe hghttng
shall be permttted wtthout wrttten vertficatton from the FAA that
the hghttng ts requtred for safety purposes
3 In the event that the tower ts tnacttvefor a pertod of two years, tt
must be removed at the apphcant's expense
The plant spectes shown on the submttted plan must be changed
to a more approprtate plant matertal to screen the tower
compound It ts recommended that the apphcant constder Wax
Myrtle or Red Tt Phottma In addttton to the landscaptngplanned
around the tower compound, the apphcant must also tnstall a
planttng bed 120feet wtde along the enttre frontage of the stte as
tt adjotns Lawson Road (except at the two approved entrances)
Leyland Cypress trees, 6-8 feet tn hetght at planttng, shall be
planted 20feet on center wtthtn the bed
5 No addtttonal uses shall be permttted on the stte wtthout
reconstderatton by Ctty Councd
New Con&ttons
The project shall be developed substanttally tn keeptng with the
site plan entitled "Sprmt/Lawson Road #1 VAIO355-A" dated
08/30/01 prepared by Lewts Whtte and Assoctates
The apphcant shall apply to the Board of Zomng Appeals for a setback
vartance from Independence Boulevard If the vartance ts not granted,
the site plan must be modified to meet the reqmred setback tn
accordance wtth the Ctty Zomng Ordtnance
Unless a waiver ts obtatned from the Ctty of Vtrgtnta Beach
Department of Commumcattons and Informatton Technology
(COMIT), a radto frequency emtsstons study, (RF Study),
conducted by a quahfied engtneer hcensed to practtce tn the
Commonwealth of Vtrgtma, showtng that the tntended user(s) wdl
not tnterfere wtth any Ctty of Vtrgtnta Beach emergency
communtcaaons facthttes, shall be provided prtor to stte plan
approval for the ortgtnal tower user and all subsequent users
January 8, 2002
-47-
Item V4.2.
PLANNING
ITEM # 49163 (Continued)
In the event tnterference wtth any Ctty emergency communtcattons
facthttes artses from the users of thts tower, the user(s) shall take
all measures reasonably necessary to correct and ehmtnate the
mterference If the tnterference cannot be ehmtnated wtthtn a
reasonable ttme, the user shall tmmedtately cease operatton to the
extent necessary to stop the tnterference
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 8, 2002
Item V-J. 3.
- 48 -
PLANNING
ITEM # 49164
Attorney Wtlham L Nusbaum, 1700 Domtmon Tower, Norfolk, Phone 622-4226, represented the apphcant
and referenced a typographtcal error tn the Agenda as the apphcatton ts allowtng 80 beds tn 72 untts, not
76 (authortztng 8 rooms to have a second bed room)
Bryan R Mesh, Executtve Vtce Prestdent- Beth Sholom Terrace
Upon motton by Counctl Lady Eure, seconded by Vtce Mayor Sessoms, Ctty Counczl MODIFIED TO
ALLOW80 BEDS IN 72 UNITS WITHEIGHT (8) 2-BED ROOMS, an approved Con&ttonal Use Permtt
for houstng_for the elderly granted to BETH SHOLOM TERRACE on March 9, 1999, and modtfied on
December 7, 1999
Ordtnance upon Apphcatton of Beth Sholom Terrace for a modtficatton of
condtttons placed on the apphcatton for a condtttonal use permtt for
houszng for the elderly, approved by Ctty Counctl on March 9, 1999, and
mo&fled on December 7, 1999 Property ts located at 1100 College Park
Boulevard and contatns 6 131 acres (GPIN #1456-111-5266) DISTRICT
1 - CENTER VILLE
The following conchttons shall be requtred
All conchttons wtth the exceptton of Number 1 attached to the
Condtttonal Use Permit granted by the Ctty Counctl on March 9
1999, and as modified by Ctty Counctl on December 7 1999,
rematn tn affect
Condttton Number 1 of the December 7, 1999, modtfied
Conditional Use permtt ts deleted and replaced with the
followtng
The Condtttonal Use Permtt approved as modtfied, shall allow the
development of an asststed hvtng facthty conststtng of 80 beds
wtthtn 72 untts and shall substanttally adhere to the prehmtnary
stte plan, dated December 1998, on file tn the Department of
Planntng office
Voting 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, dr,
Barbara M Henley, Louts R clones, Reba S McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, dr and Rosemary I/Vtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
January 8, 2002
Item V-J. 4.
- 49-
PLANNING
ITEM # 49165
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Council DEFERRED TO
CITY COUNCIL SESSION OF JANUARY 22, 2002, Or&nance upon apphcatton of FRANK DOCZI for
a Conditional Use Permttfor a riding academy and boarding horses
ORDINANCE UPON APPLICATION OF FRANK DOCZI FOR A
CONDITIONAL USE PERMIT FOR A RIDING ACADEMY AND
BOARDING HORSES
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Frank Doczt for a Condtttonal Use Permtt
for a rtdtng academy and boardtng horses at the southwest tntersectton of
Pleasant Rtdge Road and Chanty Neck Road (GPIN #2411-58-8925) Satd
parcel ts located at 1613 Pleasant Rtdge Road and contatns 20 2 acres
DISTRICT 7 - PRINCESS ANNE
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and
Rosemary Wilson
Counctl Members Vottng Nay
None
Council Members Abstaining
Barbara M Henley
Counctl Members Absent
None
Counctl Lady Henley DISCLOSED and ABSTAINED, Pursuant to Sectton 2 2-3114(E), Code of Vtrgtma
that she ts a parttal owner of property located adjacent to the apphcant at 1613 Pleasant Ridge Road The
Ctty Attorney has advtsed her that she ts required to &sclose her personal tnterest as tt meets the crtterta of
a personal tnterest tn the transactton under the Confltct of Interests Act, and that she ts dtsquahfiedfrom
parttctpatton tn thts transactton Council Lady Henley's letter of December 18, 2001, ts hereby made apart
of the record
January 8, 2002
Item V-J. 5.
- 50-
PLANNING
ITEM # 49166
Attorney R d Nutter, II, 4425 Corporation ane, Phone 687-7500, represented te apphcant
Upon motton by Counctlman Jones, seconded by Councilman Man&go, City Counctl ADOPTED an
Ordinance upon apphcatton of WOODFIN HEA TING, INC., for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICA TION OF WOODFIN HEA TING, INC, FOR
A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SER VICE
STATION ROI 023101
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton ofWoodfin Heattng, Inc , for a Condtttonal Use
Permtt for an automobile service station on certatn property located at the
southeast corner of Dtamond Springs Road and Haden Street (GPIN 141469-
16-6330) Satd parcel contains 22,651 square feet DISTRICT 4 -
BA YSIDE
The followtng condtttons shall be reqmred
Trees of the same spectes as those to be planted tn the streetscape
shall be planted along the southern parcel hne, spectfically from
the southwest corner of the lease hne to the proposed
tngress/egress depicted on the stte plan, a &stance of
approxtmately 85feet from the rtght-of-way
Trees of the same spectes as those planted tn the streetscape shall
be planted along the eastern parcel hne, spectfically from the
northeast corner of the lease hne to the proposed one-story
maintenance butldtng deptcted on the site plan, a &stance of
approxtmately 105 feet from the rtght-of-way
Addtttonal planttngs shall be tnstalled along the eastern stde of
the matntenance butldtng to match the planttngs surroundtng the
proposed dumpster area
There shall be no canopy above the fuel dtspensers or any other
structure tnstalled on the property beyond that shown on the
submttted plans wtthout revtew and approval of the Vtrgtnta
Beach Ctty Counctl as a mo&ficatton of con&ttons to the
Condtttonal Use permtt
5 The proposed stgn shall be monument tn style wtth a brtck base
The storage of hazardous, flammable or combusttble matertals on-
stte shall be wtthtn the scope of the Vtrgtnta Statewtde Ftre
Preventton Code and NFPA Operator must supply on-stte and
hazard mtttgatton ktt for fuel sptlls
The facthty shall not be open to the general pubhc but shall be for
the sole use of spectfically destgnated fleet customers
A certtficate of Occupancy shall be obtained from the Budchng
Offictal prtor to occupancy
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Etghth of Janua~_ , Two Thousand Two
January 8, 2002
-51 -
Item V-J.$.
PLANNING
ITEM # 49166 (Continued)
Vottng 10-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor Meyera
E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D Sessoms, Jr and
Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
None
January& 2002
Item V4.6
- 52 -
PLANNING
ITEM # 4916 7
The followtng regtstered tn SUPPORT:
Attorney R J Nutter, II, 4425 Corporatton Lane, Phone 687-7500, represented the apphcant, and dtstrtbuted
an tnformatton packet "Lynnhaven Cove - Independent Ltvtngfor Vtrgtnta Beach Sentors" Gary E Wetler
and Sidney N Johnson, Partners, have created a stmtlar facthty tn Norfolk
Mtles Proctor -Envtronmental Consultant, advtsed thts stte was utthzed for Agrtculture about 25 years ago
The following regtstered tn OPPOSITION:
Fred Adams, 154 East Edgewater Drtve, Phone' 467-2 775, represented Ctttzens for Stumpy Lake
Steve Toth,, 1700 Bagptpers Court, Phone 479-2941, Prestdent- Brtgadoon Ctvtc League
Paul Hamaker, 1813 Barkachng Court, Phone 479-3133,
Nancy Epley, 1265 Drtve, Phone 495-0708
Wtlham Dampman, 1724 Whttlow Street, Phone 479-0616, represented Ctttzens for Stumpy Lake
Btll Pratt, 4495 Paddock Lane, Phone 467-9148, represented Ctttzens for Stumpy Lake
Jo Howren, 3560 Dandehon Crescent, Phone 427-5804
Upon motton by Councd Lady Eure, seconded by Vtce Mayor Sessoms, Ctty Council ADOPTED an
Ordtnance upon apphcatton of GARY E. WEILER for a Condtttonal Use Permtt for housing_for semors
ORDINANCE UPON APPLICATION OF GARY E WEILER FOR A
CONDITIONAL USE PERMITFOR HOUSING FOR SENIORS R01023102
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Gary E Wetlerfor a Conchttonal Use Permtt
for houstng for semors on certatn property located at the southwest
tntersectton of Lynnhaven Parkway and In&an Rtver Road (GPIN #1465-
73-6651) Satdparcel contatns 7 808 acres DISTRICT1 - CENTER VILLE
The following condtttons shall be reqmred
The site shall be developed tn substantial accordance with the
submttted stte plan entitled, "Prehmtnary &te Development Plan of
Lynnhaven/Indtan Rtver Sentor Ltvmg Facthty for MARLY~V
DEVELOPMENT CORPORATION, Vtrgtnta Beach, Vtrgtnta, dated
November 16, 2001 "by John E Strtne Assoctates, LTD on file wtth the
Planntng Department
The proposed project shall substanttally adhere to the submttted
rendertng deptcttng the front, right stde and left stde elevattons, color
and extertor butldtng matertals entitled, "Lynnhaven/Indtan Rtver
Semor Ltvtng Facthty Vtrgtnta Beach, Vtrgtma, dated November 15,
2001, by Krosktn Destgn Group PC on file wtth the Planntng
Department
The proposed project shall substanttally adhere to the submttted
landscape plan, entttled, "Landscape Plan of Lynnhaven/Indtan Rtver
Sentor Ltvtng Facthtyfor Marlyn Development Corporatton, Vtrgmta
Beach, Vtrgtnta, dated November 16, 2001", by John E Strtne
Assoctates, LTD, on file wtth the Planmng Department
4 On-stte management seven (7) days a week durtng dayttme hours shall
be provtded
January& 2002
Item V-J. 6
- 53 -
PLANNING
ITEM # 49167 (Continued)
d A key access box for Fire ~'~t-,-,,,,,~,,, key access ~,,,.,,, be
....
The apphcant and the City Ftre Marshall shall meet to revtew the
budding and stte plans and shall agree to_fire safety measures_for
the_factht¥ that are satts_facto~_ to and enforceable bY the Fire
Marshall
6 As per the Umform Statewtde Buddtng Code, non-ambulatory
restdents shall occupy no more than 10% of the floor space
7 On-stte van servtce shall be provtdedfor the reszdents
All areas outstde of the hmtts of &sturbance as labeled on the
Prehmtna~ Stte Development Plan of LYnnhaven/Indtan Rtver
Sentor Ltvtng Facthty _for MARL YN DEVELOPMENT
CORPORATION, dated 11/16/01, shall not be developed or
dtsturbed tn any manner, except as shown on the Plan referenced
above
January 8, 2002
Item V-J. 6
- 54 -
PLANNING
ITEM ii 49167 (Continued)
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Or&nance
Adopted by the Counctl of the City of Vtrgtnta Beach, Vtrgtnta, on the Eighth of Janua~_ , Two Thousand Two
Robert Scott, Dtrector of Planntng, referenced the note on Page 14 "Further con&ttons may be required
during the admtntstratton of apphcable Ctty Or&nances The stte plan submttted wtth thts con&ttonal use
permtt may requtre revtston durtng detatled stte plan review to meet all apphcable Ctty Codes Con&ttonal
use permtts must be acttvated wtthtn 12 months of Ctty Counctl approval" The bastc stte plan ts noted on
Page 15 The apphcant, Planmng staff and Traffic Engtneertng need to revtew the tssue and prescrtbe
adjustments tf necessary to the length of the left hand turn lane Mr Scott commented the left hand turn lane
wtth a me&an cut ts the probably a supertor solutton to a U-turn at the extsttng me&an cut
Vottng 8-3
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham I'V Harrtson, Jr,
Barbara M Henley, Louts R Jones, Nancy K Parker, Vtce Mayor l, Vtlham
D Sessoms, Jr and Rosemary I'Vtlson
Counctl Members Vottng Nay
Mayor Meyera E Oberndorf, Reba S McClanan and Robert C Man&go, Jr
Counctl Members Absent
None
January 8, 2002
Partly cloudy, chance of thunderstorms
wsth a h~gh ~n the upper 70s / D8
JS 2000: HAMPTON ROADS
LVCH tile
tirement community
VI C I{I'C I~ 0 NI S~ T~ I~ ¥ tl~ ~TAI~I L~OT
class at the community's pool.,
VMI's first female students
rise from rats to graduates
Figures show
Hampton Roads,
especially Virginia
Beach, grew Older
faster thannation
BY MARC DAVIS
THE VIRGINIAN PILOT
When Arch~e Clapp retired
two years ago from a desk job
in Northern V~rg~ma, he was
determined to leave the Wash-
~ngton beltway far behind He
searched for a calmer place,
maybe near the ocean
He found AtlanUc Shores, a
retLrement commumty off Dam
Neck Road ~n V~rg~ma Beach
"Northern V~rglma was just
getting umnhabltable It was
a constant hassle," the 77-
year-old Clapp said
Clapp is part of a trend that
has turned Hampton Roads w
Virginia Beach, ~n partacular
-- into a haven for the elderly
The proof is zn cens.u$~g.~.,es
to be released toda~' ~
city and county m Vfrglflla.
It is no surprise that 'Ameri-
ca grew older during the
1990s That was expected
What was surprising was that
V]rglma and Hampton Roads
-- especially V~rglma Beach
-- have grown older faster
than the nat~on as a whole
The trend ~s even more
starthng for the very elderly,
people who are 85 and older
· In the Umted States,
the very elderly grew 38 per-
cent during the past decade
That's triple the country's
overall growth rate
· In Vlrg]ma, the very-
elderly populatwn grew even
even faster, by 46 percent
· In Hampton Roads, ~t
grew faster still, by 56 percent
· And ~n Vlrg~ma Beach,
Please see Age, Page A6
Ya. prisons stop
option of having ex-
tended family take care
of you because we're too
spread out."
Marlo Obe~vetter, Atlantic Shores employee
er Even Norfolk and Ports-
mouth, winch lost populataon m
the past 10 years, have more
residents who are 85 or older
In fact, Portsmouth has the
second-oldest population m
South Hampton Roads, w~th a
mechan age of almost 35 That
means half of all residents are
older and half are younger
Suffolk is the oldest city, wath
a median age of 36 Norfolk,
with its huge populataon of sail-
ors and their famlhes, is the
youngest city in Hampton
Roads, with a median age of 30
In every city, the median age
has gone up tv,o, three or four
years dunng the 1990s
But Hampton Roads remmns
the youngest region in Virginia
-- younger even than Char-
lottesvflle, a~ small metro area
of 160,000 with a large student
populatton at the University of
Virginia
The median age m Hampton
Roads is 331/2 It is 34¥2 in Char-
lotteswlle, the second-youngest
regaon of Vn'glma
That means Hampton Roads
began the 1990s as a young re-
gaon, largely because of the
Navy, and has become less
young as the Navy shrank and
the elderly populatton grew
Where did all those new elder-
ly residents come from'~
Betty Miles provades a clue
Four years ago, she faced a
farrnly quandary: Her elderly
mother was hvang alone ~n
Richmond, recently vadowed
far from family When Atlantac
Shores opened in 1997, Miles
,helped her mother move to Vlr-
gama Beach
"It was easier for us and bet-
ter for her," Males said "Tins is
a demrable locataon for many
people The weather ~s moder-
ate, it's neai- the ocean, it's not
too far north or too far south"
One-quarter of the 425 resi-
dents at AtlanUc Shores came
from outside the region
"A lot of people are moving
parents to fins area," smd Ma-
ne Oberwetter, AtlanUc Shores'
assistant general manager
"For a lot of older people, it's no
longer an optaon of having ex-
tended family take care of you
because we're too spread out"
Many of the new elderly in
Hampton Roads have been here
all along They just got 10 years
older dunng the past decade
But many elderly are moving
to Virginia Beach as facfllUes
catering to senior citizens open
There are dozens in the city
There are 120 licensed assist-
ed living facilities in Hampton
Roads, where the average age is
83 and the vast majority are
single women Many of those
facfl~ues d~dn't exist 10 years
ago
"The demograplucs are real-
ly outrageous," said Chris Bird,
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'L
ring Out Your Best In Pictures-
City approves rezon request
for independent-hying facility
By MICHELLE MIZAL-ARCHER
Semors seelang to hve ~nde-
pendently can look forward to
one more place to settle in
Vlrg~ma Beach
Last month, the C~ty Coun-
cd unanimously agreed to re-
zone about 3 acres on Shore
Drive near Northampton Bou-
levard for an Independent hv-
~ng semors' home for those
wtth moderate tncomes Vtc-
tona Place will house 122
apartments in a four-story
bmld~ng
It's the mty's latest effort to
meet the Ingh demand for
such housing, smd city plan-
ner Robert A Davis
"Tins semor home provides
a type of housing for a seg-
ment of the populaUon that
needs ~t," Davis smd
V~rgm]a Beach has the
lughest concentratton of rem-
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of Owner, Tara Bocock,
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dents 60 or older ~n South
Hampton Roads, smd John N
Skarven, executtve chrector of
Semor Sermces of Southeast-
ern V~rglma Sk~rven smd
2000 Census projec~ons Indi-
cate that V~rgtma Beach has
about 42,319 remdents 60 or
older -- roughly 10 percent of
the city's 436,000 total
populauon
The Beach's percentage of
semors ~s comprised of 5,000
m~nonues, 7,000 veterans and
8 percent who are at or below
the poverty level, Sk~rven
smd
The census also projects
34,123 residents who are 60 or
older living ~n Norfolk, 24,914
hying ~n Chesapeake, 11,885
semors ~n Suffolk and 19,037
hying in Portsmouth
Sklrven attributes the
Beach's growung semor popu-
laUon to those moving ~nto the
area to reUre or to live closer
to other family members He
said Beach officials have
worked hard to provide hous-
Ing to semors but have a long
way to go
"Watch out, the seniors are
coming." Skwmn smd
Foreseeing that, the city's
special committee on senior
housing released a report
about 2V2 years ago saying
that the percentage of city
remdents 65 or older rose
from 5 3 percent to 7 3 per-
Please see SENIORS, Page 18
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SENIORS
continued from Page 16
cent between 1990 and 1997
The city esUmated that 8 per-
cent of its residents will be 65
or older by 2002
That study also emphasized
that the city needs to improve
housing for low- and moderate-
income seniors
Some see Victoria Place as a
step m that direct-ton, especially
for an area in the city where
such housing is scarce
"The city's been working
very cooperaUvely with people
interested in developing this
kind of housing where there's
an idenUfied need There is a
shortage of these houses for
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Iohn N. Skirven, director of Senior Services of
Southeastern Virginia, attributes the Beach's grow-
ing senior population to those moving into the
area to retire or to live closer to family members.
moderate-income seniors," said
Kathleen B O'Connor, actang
supermsor for Older Adult Ser
wces, part of the city's Commu-
mty Sermces Board
O'Connor also smd Victoria
Place will be geographically
unique for the Shore Drive
area Westminster Canterbury
on Chesapeake Bay retirement
community on Shore Drive ap-
peals mostly to the affluent, and
the Bay Lake retirement facility
on Shore Drive caters mostly to
seniors who need assisted care,
O'Connor smd
Victoria Place IS strictly for
seniors who want to live on
their own but can't afford to
live in places such as Westrmn-
ster Canterbury, said Ronald C
Rlpley, a Planning Commission
member and president of R_tp-
ley Heatwole, a Virginia Beach-
based property management
company of more than 2,000
apartments for seniors and
families in the region
He smd the average rent at
Vmtona Place will be about
$500 to $600 for a one- or two-
bedroom apartment
The proposed project will be
partly fm,'mced through the Vir-
ginia Housing Tax Credit Pro-
gram, which allows housing
credits to be sold to Investors
who help pro,~ude eqult3.' That
eqmty helps lower the mone-
tary loans on the property and
therefore lowers the rent
.
P~pley s company will help
manage Victoria Place R H
(Rlpley Heatwole) Builder's
Inc will construct the building
Construction will start this tall
and will take about a year to
build
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Item VoJ. 7
PLANNING
ITEM # 49167
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of SANDBRIDGE COMMUNITY CHAPEL UNITED METHODIST
CHURCH for a Condtttonal Use Permtt for a chtld care center tn a church
ORDINANCE UPON APPLICATION OF SANDBRIDGE COMMUNITY
CHAPEL UNITED METHODIST CHURCH FOR A CONDITIONAL USE
PERMIT FOR A CHILD CARE CENTER RO1023103
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Sandbrtdge Communtty Chapel Umted
Methodist Church for a Conchttonal Use Permtt for a child care center tn
a church at the northwest and southwest intersections of Sandpiper Road
and Bontta Lane (GPIN #2433-42-0899, #2433-42-1690) Satdparcels are
located at 3041 Sandptper Road and 300 Bonita Lane and contatn 45, 089
square feet DISTRICT 7 - PRINCESS ANNE
The followtng condttton shall be reqmred
The apphcant shall obtatn all necessary permtts and tnspecttons
from the Permtts and Inspecttons Dtvtston of the Planntng
Department, the Ftre Department and Soctal Servtces Before
occupancy of the butldtng, the apphcant shall obtain a Certificate
of Occupancy from the Permtts and Inspecttons Dtvtston of the
Planntng Department
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Council of the City of Virginia Beach, Vtrgtma, on the Eighth of Janua~_ , Two Thousand Two
Vottng 11-0 (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, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Voting Nay
None
Counctl Members Absent
None
January 8, 2002
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Item V-J. 8
PLANNING
ITEM # 49168
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Councd DEFERRED TO THE
CITY COUNCIL SESSION OF JANUAR Y22, 2002, the Apphcation of SHAHPOR MAHGEREFTEH for
a Condmonal Use Permit for motor vehicle sales
ORDINANCE UPON APPLICATION OF SHAHPOR MAHGEREFTEH
FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES
An Ordinance upon Apphcatton of Shahpor Mahgerefieh for a Conchtional
Use Permit for motor vehicle sales at the northeast corner of Haygood Road
and Crossborough Road (GPIN #1478-15-0073). Satd parcel ts located at
4880 Haygood Road and contatns 39,988 square feet. DISTRICT 4 -
BA YSIDE
Voting. I I-O
Council Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Voting Nay'
None
Councd Members Absent
None
January 8, 2002
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Item V-K. 1.
APPOINTMENTS
ITEM # 49169
BY CONSENSUS, Ctty Councd RESCHEDULED the following APPOINTMENTS
REVIEW AND ALLOCATION COMMITTEE (COG)
January 8, 2002
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Item V-M. 1.
NE W BUSINESS
ITEM # 49170
CITY CLERK TO RECORD, B Y CONSENSUS,
ABSTRA CT OF CIVIL CASES RESOLVED - November 2001.
January 8, 2002
Item V-M. 2.
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ITEM # 49171
Mayor Meyera E Oberndorf entertatned a motton topermtt Ctty Counctl to conduct tts CLOSED SESSION,
pursuant to Sectton 2 2-3711(A), Code of Vtrgtnta, as amended, for the followtng purpose
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the dtsposttton of
pubhcly-held real property, where dtscusston tn an open meeting would
adversely affect the bargatntngposttton or negottattng strategy of the pubhc
body pursuant to Sectton 2 2-3711(A)(3)
31st Street Project
LEGAL MATTERS Consultaaon wtth legal counsel or brtefings by staff
members, consultants, or attorneys pertaining to actual or probable
httgatton, or other specific legal matters requesting the provtston of legal
advtce by counsel pursuant to 2 2-3711 (A)(7)
31s' Street ProJect
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd voted to proceed tnto
CLOSED SESSION.
Vottng 11-0
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, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Voting Nay
None
Counctl Members Absent
None
(Time of Closed Session: 8:15 P.M. 10:55 P.M.)
Councd Lady Wtlson left at 8 20 P M
January 8, 2002
Item V-N.
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CERTIFICATION OF
CLOSED SESSION
ITEM # 49172
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Parker, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meetmg
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch thts
certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motion
convenmg the Closed Sesston were heard, discussed or considered by
Vtrgtnta Beach Ctty Council
Vottng 10-0
Counctl Members Voting Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and Vtce
Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
Rosemary Wtlson
January 8, 2002
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recordeA in ITEM # 49171, page 59, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711(.4) of the Code of Virginia requires a certification by the
govermng 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
Virgima Beach City Council.
City Clerk
January 8, 2001
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Item V-N.
ADJOURNMENT
ITEM # 49173
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 11:00 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
~xlrtn ~oages ami , ~
Ctty Clerk
Meyera E OberndorJ
Mayor
Ctty of Vtrgmta Beach
Vtrgtnta
January 8, 2002