APRIL 23, 2002 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E OBERNDORE At-Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, 1II, Beach -Dtstrtct 6
MARGARET L EURE, Centervdle -Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstrtct 5
BARBARA M HENLEY, Pnncess Anne - Dtstrwt 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall -Dtstrtct 3
ROBERT C MANDIGO, JR, Kempsvtlle - District 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
JAMES K SPORE, City Manager
LESLIE L LILLEY, Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
of r inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL Ctycncl@ cay wrgmm-beach va us
April 23, 2002
CITY COUNCIL BUDGET WORKSHOP - Conference Room-
FY 2002-2003 Resource Management Plan
I:00PM
II. CITY MANAGER'S BRIEFINGS
- Conference Room -
3:00PM
A
g.
Jamestown 2007 Celebration
C. Mac Rawls, Chatr
Vehicle Decals
Patti Phllhps, Director, Finance Department
III REVIEW OF AGENDA ITEMS
IV CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room -
5:00PM
A CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
VI FORMAL SESSION
- Council Chamber-
6:00 PM
A CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Jack Smith
First Church of the Nazarene
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
.
INFORMAL AND FORMAL SESSION
April 9, 2002
G. AGENDA FOR FORMAL SESSION
H MAYOR'S PRESENTATION
1. PROCLAMATION
a. Special Olympics Day- May 4, 2002
I. PUBLIC HEARING
1 Real Property Tax Increase proposed for Annual Assessments
J PUBLIC HEARINGS
o
Personal Property Tax Increase Proposed
Privately Owned Pleasure Boats
2. FY 2002-2003 Resource Management Plan - Operating Budget
3. FY 2002-2003 Resource Management Plan - Capital Budget
4 General Obligation Bonds Proposed Issuance
$ 59,300,000
5 Water and Sewer Ut~hty Revenue Bonds Proposed Issuance
$ 6,93O,OOO
K PUBLIC COMMENT PERIOD
1. 31 st Street ProJect
L. ORDINANCES
1 Ordinances to AMEND the City Code
a. § 23-58 re commercial parking lots in Resort Tourist D~stncts
c. §§6-16 1, 6-109, 6-110 andADD § 6-121.2 re personalwater craft
.
Ordinance to AMEND the City's open air caf6 regulations ~ncreaslng franchise fees
based on caf6 category; and, to clarify and define physmal and operational crttena for the
cafes
o
Ordinance to ACCEPT and APPROPRIATE a $25,000 grant from Lowe's Home
Safety Councd to the Fire Departments's FY 2001-2002 operating budget re new
displays for the Vlrglma Manne Science Museum and estimated revenues be ~ncreased
accordingly
M. RESOLUTIONS
.
Resolution re proposed Amendments to §§ 111, 1501, 1511, and 1521 of the City Zoning
Ordinance (CZO) defining "Temporary Commercial Parking Lots", establishing
temporary commercial parking lots as a pnnclpal use in the RT-1, RT-2 and RT-3
Resort Tourist Districts; and, the planning Commission to make their recommendation
to City Council within (60) sixty days.
Resolution to AUTHORIZE and promulgate Amendment No. 6 to the Public Works
Specifications and Standards manual.
Resolution supporting the use of alternative fuel vehicles and the Hampton Roads Clean
Cities Coalition in it's regional efforts to promote the use of alternative fuels for
transportation.
N PLANNING
Application ofRJP, LLC. for a Converston ofa Non-Conformtng Use to renovate the
existing duplex into a single family home at 202 87th Street, containing 7,500 square feet.
DISTRICT 5 - LYNNHAVEN
Recommendation:
APPROVAL
.
Apphcatlon of JOHN C. ATKINSON for the enlargement of a non-conforming office
use on Lot 12, Block 3, Ubemeer, at 5307 Atlantic Avenue, containing 6,625 square feet.
DISTRICT 5 - LYNNHAVEN.
Recommendation:
APPROVAL
.
Application of SPRING BRANCH COMMUNITY CHURCH for a Conditional Use
Permit for a church expansion on the east side of N. Great Neck Road, north of Harbor
Lane (1500 N. Great Neck Road), containing 9.11 acres.
(DISTRICT 5 - LYNNHAVEN)
Recommendation'
APPROVAL
.
RECONSIDERATION. Application of PRINCESSBORO DEVELOPMENT
COMPANY, INCORPORATED for a Condtttonal Use Permit re a borrow pit on the
south side of Sandbndge Road, east of Pnncess Anne Road, containing 64 911 acres
(PRINCESS ANNE- DISTRICT 7)
Deferred'
Withdrawn'
January 22, 2002
March 26, 2002
o
Application of CHARLES F. BOWDEN for a Change of Zoning District Classification
from R-30 Residential District to Conditional R-20 Residential District on the west side
of Wakefield Drive, south of Delray Drive on Parcel A, Section 8, Part 4, Thoroughgood.
(DISTRICT 4- BAYSIDE)
Recommendation:
DENIAL
.
Application of BANBURY LAKE VILLAGE COMPANY, L.L.P., for a Change of
Zoning District Classification from B-2 Community Business District to A-18 Apartment
District, south of Old Providence Road containing 15,941.96 square feet
(DISTRICT 1 - CENTERVILLE)
Recommendation. APPROVAL
O. APPOINTMENTS:
COMMUNITY SERVICES BOARD
EASTERN VIRGINIA MEDICAL SCHOOL
VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD
P. UNFINISHED BUSINESS
Qo
NEW BUSINESS
1. ABSTRACT OF CWIL CASES RESOLVED - March 2002
R ADJOURNMENT
If you are physically d~sabled or visually ~mpmred
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing ~mpalred, call TDD only 427-4305
(TDD - Telephomc Dewce for the Deaf)
04/18/02slb
AGENDA\04/23/02
www vbgov eom
I
2002-2003 RESOURCE MANAGEMENT PLAN SCHEDULE - BUDGET
,,
. ;
Council Workshop Reconclhatlon of outstanding resource ~ssues Councd Conference May 9th
room 3 PM
Adoption of FY 2002-2003 City Council Vote on Resource Management Plan Council Chamber May 14
Resource Management 6 PM
Plan (will include Pubhc
Hearing)
.. i
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
Aprd 23, 2002
Mayor Meyera E Oberndorf called to order the BUDGET WORKSHOP tn the Ctty Councd Conference
Room, Ctty Hall Buddtng, on Tuesday, Aprtl 23, 2002, at 1 O0 P M
Counctl Members Present
Margaret L Eure, Barbara M Henley, Reba S McClanan, Robert C
Mandtgo, Jr Mayor Meyera E Oberndorf, Nancy K Parker and Rosemary
Wtlson
Counctl Members Absent
Vtce Mayor Wdham D Sessoms, Jr
Ltnwood 0 Branch, III
Wdham W Harrtson, Jr
[out of ctty on bustness]
[Entered 1 20 P M]
[Entered 1 30 P M]
Louts R Jones [Entered 2 O0 P M]
-2-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
1:00 P.M.
ITEM # 49531
Catheryn Whttesell, Dtrector of Management Servtces, advtsed thts portton of the Budget Workshop focuses
on the areas of Operattonal Support (Human Resources), Safe Community and Family and Youth
Opportunities.
Mayor Oberndorf ANNOUNCED the death of a very great lady, Phyllis Millette, former Dtrector of Human
Resources, for the Ctty of Vtrgmta Beach The Mayor requested a Moment of Stlence tn honor of her
memory Mr Fagan Stackhouse, Dtrector of Human Resources, advtsed he sought her counsel many ttmes
and she wtll be sorely mtssed
Mr Stackhouse advtsed hts budget entatls $3,660,889, whtch ts 0 30% of the total budget A Workforce
Planntng and Development Commtttee (WPDC) was formed and has been worktng together for nearly one
year tn an effort to develop a blueprtnt of how the ctty wtll attract and retatn valuable, quahty employees
tn the future Human Resources had estabhshed a Workforce Planning Model The Human Resources
Department has a responstbthty of addresstng Human Rtghts Issues wtth the Human Rtghts Commtsston and
Commumty The Department wtshes to contmue the work to promote soctal, cultural and tntergroup
harmony Thts wtll cause the request tn the future for addmonal resources for forums
The Ctty ts ajotnt partner wtth the Schools tn the purchase ora new Human Resources/payroll computer
system Contracts have been negotiated tn which the pubhc schools wtll be the first to implement the new
system gtven thetr more presstng needs The school tmplementatton ts scheduled to be completed by June
2002 The Ctty wtll follow the successful tmplementatton of schools wtth a project begmnmg tn FY 2002-
2003 The Ctty 's portton of the project ts esttmated to take 18-24 months at a cost of $3.5-MILLION The
project wtll provtde both organtzattons wtth new commerctal "off the shelf" software gtvtng them the abthty
to integrate and comprehenstvely manage tnformatton on human resources, payroll, compensatton pIans and
benefits Included tn the City/School Human Resources/PayrollSystem ts $300,000 topurchase a database
system (Human Resources Automated Application/Skills ManagemenO that wtll tmprove matchtng
apphcants to postttons This wtll mcrease the number of postttons filled wtthtn a 30 to 60 day pertod from
67% to 85%, enable approxtmately one-thtrd ora Personnel Analyst's ttme to be reallocated to other tasks,
and, reduce the number of times an apphcant needs to submtt an apphcatton
Human Resources ts worktng to create a competitive total compensation program whtle addresstng pay
compression and rising health care costs A presentatton was gtven to Ctty Counctl on February 5, 2002,
to provtde them compensation strategtes to address the tssues The FY 2002-03 tncludes the first year of a
three year Compensatton Plan to address these tssues The staff beheves the market has cooled down
stgmficantly The consultants have advised a market based study could now be conducted every three years
If the Ctty commences a market based study every two years, Mr Stackhouse beheves the area ctttes would
also look at thts stmtlarly
Compression Adjustments At-A-Glance
Current Salary FY 02/03
FY 02/03
Year 1 - $200 each yr tn tttle
FY 03/04
Year 2 - AdJust up to the mtdpotnt
FY 04/05
Year 3-33% of Market Adjustment
Employee A
3 Years tn Tttle
$ 30,000
30,000
32,993
33,537
Employee B
7 Years tn Tttle
$ 30,000
31,400
36,503
37,105
Aprtl 23, 2002
-3-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
ITEM # 49531 (Continued)
Health Care Annual Contributions
Effecttve Date Ctty Employee Only
(Most Cost-Effecttve Plan)
1/1/02 $ 2520 $ 390
7/1/02 $ 2715 $ 195
1/1/03 $ 3155' $ 195
7/1/03 $ 3350 $ 0
*estimated 15% increase tn health care costs
Relattve an tncrease tn Health Care Coverage from $2, 715 to $2,910 on duly 1, 2002 In order to matntam
the Ctty and School's plan to absorb the anttctpated 15% tncrease tn the cost of the plans expected tn
danuary 2003, the Ctty would need an ad&ttonal $958,000
TOTAL COMPENSATION
3 Year Plan
This reflects implementation and additional costs over three years of the recommendation.
Year FY Compensation Elements Cost
1 2002/03
-Compresston AdJustments
($200 per year tn tttle up to 7years)
- Structural AdJustment*
- Pro-rated Mertt Increases
- Work toward meettng goal of
covermg the employee-only cost of
the most cost-effecttve health plan
- 7/1/02 Increase ctty contrtbutton
by $195
- 1/1/03 Increase ctty contrtbutton to
cover esttmated 15% tncrease tn
health care cost
-Mertt Increases** 3 I/2%
Total
$ 650 mtlhon
$ 3 mtlhon
$1 mtlhon
$ 1 45 mtlhon
3 50 mtthon
$6.0 million
2 2003/04
-Compresston AdJustment to the Mtdpotnt
- Pro-rated Mertts
7/1/03 Meet goal of covermg employee-
only cost of most cost-effecttve health
plan
- 1/1/04 Increase ctty contrtbutton to
cover esttmated 15% increase tn
health care cost
-Mertt Increases**
$ 2 2 mtlhon
$ 1 mtlhon
$27
.... TBD ....
Total
$5. O
mtlhon
million
April 23, 2002
Year
-4-
CITY MANA GER 'S BRIEFING
BUDGET WORKSHOP
ITEM # 49531 (Continued)
FY
Compensation Elements
Cost
2004/05
- 33% Compresston Adjustments $1 5
- Structural AdJustments* $ 3
- Pro-rated Mertt Increases $ 1
- Cover 100% of the employee-only cost
of most cost-effecttve health plan***
mtlhon
mtlhon
mtlhon
$ 2 6 mtlhon
-Mertt Increases** .... TBD ....
- Total Compensatton (benefit chotces)
Total
.... TBD ....
$ 4. 5-Million
Assumes 2% Structural AdJustment
Amount to be determtned Each percent equals approxtmately $1-Mtlhon and $ 5-Mtlhon
tn rollover cost
Assumes I5% tncrease tn health care costs tn new plan year
To make the mertt 4-~%, this wouM equate to an additional SI-MILLION, with a roll over effect of
another $1/2-MILLION
Susan Walston, Chtef of Staff advtsed
Ninety-five percent (95%) of the employees are effected by the merit
increase
Health care affects eightypercent (80%) of the employees. When this cost
is fully covered for the employee, this percentage may increase
Sixty percent (60%) of the employees are impacted by compression
Through focus groups and surveys, the most recent ranktng addressed health care, compresston and then
mertt Employees have also stated thetr wtlhngness to absorb anythtng to avotd layoffs There ss no one
tndtvtdual that Mrs Walston beheves speaks for all the employees rather certatn groups There ls probably
a stlent group of the majortty, who do not have a spokesperson on thetr behalf but have responded through
the I I O0 surveys and the slx (6)focus groups conducted and have commented tn the past
A value cannot be placed on the City's "no layoff policy"
The Ctty Manager advtsed relative the mertt increases of netghbortng muntctpahttes
Chesapeake 0 %
Hampton 1 to 5% (majority receiving 3%)
Newport News 3 %
Norfolk TBA
Portsmouth TBA
Suffolk 4 1/2 %
Virginia Beach 3 1/2%
Mayor Oberndorf advtsed Chesapeake ss revtewtng the posstbdtty of reducing thetr workforce by seventy
(70) employees.
The Ctty Manager advtsed the Constttuttonal Officers are under our health system Mrs Whttesell advtsed
the State compensates the Ctty wtth health care payments equal to what they would payfor thetr employees
health care
A Budget Workshop shall be scheduled for April 30, 2002, at 1:00 P.M. to complete the balance of the
toptcs
Quality Physical Environment
Safe Community
Family and Youth Opportunities
Policy and Decision Support
Aprt123, 2002
-5-
CITY MANAGER'S BRIEFING
JAMESTOWN 2007 CELEBRATION
3:05 P.M.
ITEM # 49532
C Mac Rawls, Chart, advtsedFrtday, Aprt126, 2002, wtll be the 395th Anniversary of the Landing at Cape
Henry. The first colomsts who came to Vtrgtnta dedtcated the land on Aprtl 26, 1607 Mr Rawls was
tasked wtth the formatton of thts celebratton He selected volunteers from vartous Ctty departments Thts
was tntttally &scussed to be a small pageant on the beach Thts tdea dtd not last long There was a need to
expand the group beyond the Ctty departments Every htstory group tn the Ctty, as well as vamous
communtty groups, was requested to parttctpate tn the formatton of the celebratton By the fifih meettng,
thtrty-five (35) representattves from vartous groups were tn attendance, rangmgfrom the Vtrgmta Beach
Htstortcal Soctety to the Order of Cape Henry, Ftrst Landtng State Park, business communtty
representattves, Chamber of Commerce and Vtrgtnta Beach Vtstons Thts expanded commtttee wtll also
encompass mthtary representattves tn the future The present and past Commandmg Officer of Fort Story
are now representattves There ts a strong statewtde effort The Jamestown/Yorktown Foundation has been
destgnated as the potnt group for the State of Vtrgtnta tn organtztng acttvtttes whtch wtll take place
throughout the Commonwealth, most spectfically tn Jamestown The Foundatton has May 13th as thetr
Anmversary and wtll have a commemoratton acttvtty with the hope for attendance by members of the Royal
famdy The General Assembly has tncreased the car regtstratton tax and porttons of thts mcrease wtll be
utthzed to fund Commemorattve acttvtttes
The Anntversary ts envtstoned as an event whtch wtll tnvolve the ctttzens of Vtrgmta
Beach and thetr htstory, tnsptrtng them to share thts history wtth others, not only
commemorating 1607, but all 400years of the history of this Ctty
The "worktng tttle" of the event ts proposed as "The Virginia Beach/Jamestown
400tn Anniversary - 1607 to 2007".
The occaston wtll be utthzed not only to commemorate the First Landing in 1607,
but also to tmpart tnformatton about Vtrgmta Beach's htstory over the last four
hundred years, as well as to denote tts current accomphshments and potenttal for the
future
Vtrgtnta Beach's htstortc houses atded by htstortcal soctettes, local colleges,
untverstttes and Vtrgtnta Beach schools wtIl conduct a sertes of programs to examtne
each of the four centuries of the City's history and contemplate recurrmg themes
such as government, ctvtl rtghts, economics, et cetera, as they have extsted over the
course of ttme
Not everythtng that occurred durtng thts 400 years are cause for celebratton (t e
slavery and Nattve Amertcans have tssues concerntng fatr treatment durtng
colomzatton)
The event wtll encompass all elements of our Ctty mthtary and busmess commumty,
as well as recogmze the multi-cultural makeup of our Ctty and tts htstory The
group ss endeavortng to have multi-cultural representatton on the plannmg group
Ohver Perry, Chtef Emerttus of the Nansemond Indtans, ts a valuable member of the
plannmg effort
In Aprtl 2007, the celebratlon committee hopes to include a vtstt by Jamestown's
three ships, at whtch ttme, the landtng at Cape Henry wtll be reenacted as well as
the exploratton by small boats of the Lynnhaven Rtver Mr Rawls does not beheve
many are aware that when the ships landed, they did notjust land, erect the cross and
leave The group stayed for three weeks and explored the surroundmg countrystde
They went by small boat up the Lynnhaven Rtver, checktng tt out as a potenttal stte
for the First Colony As a part of the reenactment, a crutse up the Lynnhaven Rtver
ts envtstoned, stoppmg at "key" htstortcalpomts Ferry Farm, Thoroughgood House
and others Thts wtll be a festtval to celebrate Virginia Beach's past, future and
present
Wherever posstble, acttvtttes of new development such as Town Center, Pavilion
expanston, completton of Shore Drive, wtll be showcased tn the celebratton of our
great Ctty
Aprtl 23, 2002
-6-
CITY MANAGER'S BRIEFING
JAMESTOWN 2007 CELEBRATION
ITEM # 49532 (Continued)
Mr Rawls advtsed a Resolutton wtll be SCHEDULED for the Ctty Counctl Sesston of May 14, 2002,
requesting the appointment of a Steering Committee to coordinate the acttvtttes of The Virginia
Beach/Jamestown 400tn Anniversary - 160 7 to 200 7',.
Mayor Oberndorf requested Mr Rawls Chair thts Steering Committee Mayor Oberndorf ls confident each
member of Ctty Counctl wtll brtng hts or her recommendattons relattve proposed members Mayor
Oberndorf beheved there are ideas concermng a permanent structure at Fort Story or Ftrst Landing near
the Cross to deptct the htstory of the Ctty
Counctl Lady Wtlson advtsed an educattonal center ss betng built at the Lynnhaven House Thts center could
be utthzed for the celebratton of the Anmversary
Mr Rawls advtsed the Admtmstrator of the Lynnhaven House ss a representative tn the formatton of the
celebratton The members have contemplated the suggestton and st has been fatrly well recetved Each of
the htstortc houses would take one hundred (100) years for the four hundred (400) years of htstory
Thoroughgood (1600), (Lynnhaven (1700's), Francis Land (1800's), and old Coast Guard Station
(1900's)
Counctl Lady Eure referenced Morning Star Baptist Church ss one of the oldest churches and ss interested
tn parttctpattng Kemps Rtver was aport for shtpptng Council Lady Eure suggested commerce be mcluded
Mr Rawls beheves the untverstttes and school systems would asstst wtth semtnars Counctl Lady Henley
advtsed she has had the prtvttege of attendtng the majortty of the meettngs for thts celebratton group, all of
whom are volunteers Counctl Lady Henley referenced the video of the story of the creation of Vtrgmta
Beach This story of the merger ss sttll owned by Cox and she hopes the Csty will gam permtsston to utthze
thts tape durmg the celebratton Mayor Oberndorf advtsed Ivan Mapp, former Commtsstoner of Revenue,
was deptcted tn the merger These htstortcal opportuntttes need to be htghhghted and shared John Stewart
was the contact with Cox Cable Counctlman Man&go suggested thts celebratton be documented byfilm and
perhaps pursue a National Geographic grant People cannot attend all the different events
Mr Rawls advtsed representattves from Ltbrartes, Economsc Development and the Central Bustness Dtstrtct
and a Parks and Recreatton representattve ss destred The present commtttee of thtrty-five (35) ss the
Planning Group, whtch could probably tncrease to as many as seventy-five (75) members The Steering
Committee would coor&nate their acttvmes and spearhead some of the efforts for apphcattons and fund
ratstng The Steering Committee would be dtrectly responstble to the Ctty Counctl and composed of
approxtmately twelve (12) to fifieen (15) members
Mayor Oberndorf advtsed the Jamestown 2007 Celebration wtll be documented by Nattonal Geographic
Her daughter's father-tn-law ss the Chtef Archeologtst performtng the dtg for the ortgtnal settlement at
Jamestown Mr Rawls advtsed the Ctty ss a very tmportant part The settlers dtd not just stop at Cape Henry
and ratse a Cross tn honor of the Chrtsttan Ktng of England That Cross meant that land was staked out for
England After they left here, they went to Hampton and erected another Cross to say that land had been
clatmed These were the markers Some of the colontsts rematned tn Hampton, not Vtrgtnta Beach, thus
Hampton claims to be the first permanent Enghsh settlement
Ray Alan Dudley, Prestdent- The Order of Cape Henry 1607, advtsed the settlers were requtred by the rules
of the Ktng to be 50 mtles tnland and since the Lynnhaven was not 50 mtles deep, they could not go up the
Lynnhaven far enough and thus ended up tn Jamestown, whtch possessed very bad soil Jamestown was
abandoned for a while Therefore, Hampton has been continually settled for the longest pertod of trine In
l/trgtnta Beach, they opened the strong box and conducted the first election for the President of the Council
The very first free election held in the western hemisphere took place in Virginia Beach The first trial by
jury to acqutt Captatn John Smtth, tn order for htm to be part of the electron, also occurred tn Vtrgtnta
Beach Mr Dudley advtsed Captatn John Smtth was acquttted of mutiny Thts example became the premtse
for all the other states tn the Umted States and for 90 other countrtes The group needs to make the ctttzens
of Vtrgtnta Beach proud of their heritage Fort Story has the creatton of a Cape Henry/Fort Story History
Museum wtthtn thetr budget In addttton, even tn thts terrtble budget year, the State placed $4-1/2-MILLION
to upgrade the amphttheater at Ftrst Landtng State Park Thts factltty wtll be used for the three (3) outdoor
dramas
Mayor Oberndorf referenced 2003 being the 40tn Anniversary of the City of Virginia Beach Mayor
Oberndorf advtsed the Internattonal Mustc Festtval (comprtsed of the three stster ctttes Bangor, Northern
Ireland, Mtyazakt, Japan, Moss, Norway) wtll also be conducted tn 2003 Perhaps these two events could
be tted together
Aprt123, 2002
-7-
CITY MANAGER'S BRIEFING
VEHICLE DECALS
3:40 P.M.
ITEM # 49533
Patrtcta Phtlhps, Dtrector of Ftnance, advtsed thts Brtefing was to be a follow-up to the revtew of
alternattve approaches to tmprovtng the local vehicle registration process
Alternatives
Combtne the local vehtcle fee wtth the Ctty's dune 5th personal
property tax btll
a keep the decal
b ehmtnate the decal
2 Combtne the local and state vehtcle regtstrattonfees, ehmtnate the
decal
3 Increase the real estate tax, ehmtnate the decal and the decal fee
*Items lb nor 3 wtll not be chscussed further at this ttme
The focus wtll be on la and 2
Mrs Phtlhps advtsed the local vehtcle regtstratton (sttcker whtch goes on your State Ltcense Plate) ts not
betng phased out The dtscusston mvolves the phastng out of the personal property tax tnvolvtng up to
$20,000 of the value of the car
Objectives
Create an easter, more constderate process for ctttzens
Achteve admtntstrattve effictenctes
Mtntmtze budgetary tmpacts tn order to matntatn Ctty servtces
Ia. Combine the Decal Fee with the Personal Property Tax Bill; Keep the Decal
Include the decal fee on the personal property tax btll due tn dune
Upon recetpt of payment for the tax and the vehtcIe regtstratton fee, mad decal to the
taxpayer as proof of payment
Can explore abthty to move collection date earher tn April or May
Implementatton ttme frame dune 2003 or later
II. Combine Local and State Vehicle Registration Fee
DMV collects the local regtstratton fee wtth the state vehtcle regtstratton fee
(Legtslatton ts already tn place)
No local decal issued
In addttton to current collectton methods, VR WP ts used for collectton of
dehnquent personal property taxes
Implementatton timeframe duly, 2003 or later
April 23, 2002
-8-
CITY MANAGER'S BRIEFING
VEHICLE DECALS
ITEM # 49533 (Continued)
Chrts Bonney, Bonney & Company, presented reformation relattve the ctttzen survey concerntng Vtrgtnta
Beach restdent so perceptton of the "Ctty Sticker and Preferred Means of Paying Local Vehicle
Registration Fee
Research Objectives
How btg of an issue ts the "ctty sttcker"?
Do restdents advocate keeping or ehmmate the "ctty sticker "~
How would they most prefer to pay the local vehtcle regtstratton fee ?
Methodology
Four focus groups on Aprtl 3 and 4, 2002
Demographically, racially and geographtcally &verse A good mix of restdents
Telephone survey of 502 Vtrgmta Beach households April 8 - 11, 2002
Executive Summary - Focus Groups
The ctty sttcker ts a "necessary nmsance"
Not one person menttoned tt as one of the major tssues factng the Ctty
Almost everyone has an opinion about the ctty sticker
The majortty advocate ehmtnattng tt
Most do not understand what they are advocattng
Many think they are also ehmtnattng the $25 registration fee
Some members of each group have had to stand tn hne to buy their ctty sttckers
Most constder Treasurer's Office personnel to be professtonal
Members of each group suggested that there must be a "better way"
Many alternatives suggested
Leadtng alternattves were combtnattons wtth either personal
property tax bill or state vehtcle regtstratton bill
Executive Summary - Telephone Survey
The majortty (65%) of restdents tntervtewed advocate ehmtnattng the
ctty sttcker
Even when remtnded that fee does not go away, more than 'half
advocate ehmtnattng the decal
Almost two-thtrds (63%) advocate a change tn the way the local
vehtcle regtstratton fee ts collected
Combine with state registration bill 32%
Combine with personal property bill 20%
Raise real estate tax 16%
Keep the current method 26%
No opinion 5%
April 23, 2002
-9-
CITY MANAGER'S BRIEFING
VEHICLE DECALS
ITEM # 49533 (Continued)
Mayor Oberndorf and Counctl Lady McClanan requested tnformatton relattve the total cost of thts decal
tssue, both tn ttme expended by staff and with the ctttzen survey Mrs Phdhps advtsed she volunteers her
ttme
Mrs Phdhps advised thts ts not an ortgtnal idea of a parttcular tndtvtdual It has been around for a long
ttme She can remember the concept betng suggested tn 1985, but the technology had not been developed to
be practtcal The tdea of combtntng the decal wtth the personal property tax btll has also been a long
outstandtng issue Thts past year has brought these tssues to the forefront
Concerntng recetvtng ttckets re absence of decals tn other locahttes, tn 1985, there was a Court Case
"Commonwealth vs Spencer", whtch says bastcally fatlure to dtsplay a decal alone was notjusttficatton
for a pohce stop If the pohce took the extra step to check the DMV records to determtne and found tt was
vahd, a ttcket could be issued A compact for Mutual Enforcement extstmg between the ctttes needs to be
adjusted The Pohce Chtefs tn the regton do not see thts as a problem Should the ctty dectde upon the DMV
approach, Vtrgtma Beach would be the "pioneer". If we go forward wtth thts alternattve, the DMV would
hke to market this concept to other locahttes throughout the State Mrs Phtlhps advised today the Ctty has
$16.9-MILLION in delinquentpersonalproperty taxes as of March 31, 2002 Thts ts a combmatton offour
years
Recommendations that Should be Evaluated as Soon as Possible
Implement addtttonal payment opttons
Add (VRWP) Vehtcle Regtstratton Wtthholdtng Program to dehnquent
collectton process
Evaluate monthly bdhng of personal property tax supplements
Work to refine extsttng &scovery and btlhng processes for
personal property clean up databases and exoneration process
Alternative I
No Choice on Payment Options
Analysis Underway on Direct Debit
Alternative H
VR WP $20 fee
DMV has reduced fee to no more than $10, negottattons wtll
continue
Cumbersome for Delinquent Taxpayers
Use personalproperty recetpt as proof, even prtor to Ctty
release
DMV wtlhng to have Ctty/Treasurer employee at thetr
offices
Cost
Costs about the same as the current system
Aprt123, 2002
-lO-
CITY MANAGER'S BRIEFING
VEHICLE DECALS
ITEM # 49533 (Continued)
The VR WP Notification Process
The renewal nottce for November ts run August 8 If there ts a "stop on a record",
tt wtll generate a letter tnstead of a renewal nottce The letter nottfies the customer
of the hold on thetr state regtstratton due to nonpayment of personal property
taxes
If the ''stop" ts cleared - a renewal nottce 1s marled
If the stop" ts not cleared - no further nottficatton ts gtven
Both Alternatives
Transition/Implementation
Alt I Ttme to program
(ComlTprojects $400,000 or more)
Alt II DMV wtll program, wtth cooperatton of Constttuttonal Officers to develop
A system ComlT support on personalproperty tax system
Impact on Collections of Delinquent Personal Property
Alt I One ttme sptke tn Year 1, wtth correspondmg decreases tn subsequent
years
Alt II Posstble sptke tf VRWP used chhgently
Both methods should collect same over first two years
Major Benefits and Considerations
Alternative I- Major Benefits
Accelerates personal property tax collectton tn the current year
Shtfts collectton of personal property taxes to an earher pertod - a
one-ttme spike tn the year of implementation should result tn an
esttmated tmpact of $IO mtlhon or more The followmg year dehnquency
collecttons wtll decrease
Reduces, but does not ehmmate, hnes
Alternative I-Other Considerations
Requtres coordtnatton wtth other Ctty offices to create monthly
btlhng of personal property tax supplements
Sttll needs filhng tn of some detatls, e g time frame for decal on
cars acqutred after dune btlhng
Wtll requtre $400,000 - $ 700, 000 to tmplement
Mrs Phtlhps advised there are approximately 320, 000 vehtcle regtstrattons tn Vtrgtnta Beach
Aprt123, 2002
-ll-
CITY MANAGER'S BRIEFING
VEHICLE DECALS
ITEM # 49533 (Continued))
Alternative H - Major Benefits
Decal ts gone
Most convement to taxpayers locattons, payment opttons,
staggered due dates
No Ctty hnes
Personal property tax dehnquency collecttons wtll tncrease stmtlar
to Alternattve I (VR WP)
Majortty selected thts tn ctttzen survey
Alternative H Other Considerations
Must use drtver's hcense as proof of restdency
Must use VR WP (state tag hold) as means to control personal
property tax dehnquenctes
Requtres earnest cooperatton of Treasurers Office to work
with DMV to maxtmtze thts tool
Treasurer and Commtsstoner of Revenue must work together
to reduce erroneous holds
Develop contract wtth DMV that reflects needs of Treasurer and
Commtsstoner of Revenue - which wtll requtre thetr time to develop
an acceptable process
Transttton year wtll requtre prorated fees
Recommendation
Alternative II: Combine Local and State Vehicle Registrations
Ctttzen survey mdtcates thts ts the preferred method
A way that technology can streamhne the way ctttzens do busmess
wtth government
Must have full cooperatton of Constttuttonal Officers
Pubhc Comment
Next Steps
May 28, 2002
Counctl Dtrects Ctty Manager and
Constttuttonal Officers to tmplement
recommendatton
June 4, 2002
Develop Contract wtth DMV
June 4, 2002
Status Report to Counctl
August 2002
Mrs Phdhps advtsed the costs would be approxtmately $320,000 re the decal process, whether handled
by the Ctty Treasurer or State DMV Council Lady McClanan requested tnformatton be provtded relattve
the computatton of thts expense The Ctty Manager hopes the Ctty Treasurer would conttnue tssuance
for an addmonal year Implementatton ss anttctpated for July 2003
BY CONSENSUS, Pubhc Comment shall be scheduled for May 28, 2002, re Combined Local and State
Vehicle Registrations
Aprtl 23, 2002
- 12-
AGENDA RE VIEW SESSION
5:10 P.M.
ITEM # 49534
K 1 PUBLIC COMMENTPERIOD
31st Street ProJect
The Ctty Manager advtsed, prtor to the Pubhc Comment pertod, the developers had been tnvtted to
make a presentatton relative the Mst Street Project.
ITEM #49535
L 1 Ordinances to AMEND the City Code
a 3g 23-58 re commercialparking lots tn Resort Tourtst Dtstrtcts
Counctlman Branch advtsed recetvtng telephone calls relattve thts ttem and he erroneously advtsed thts ttem
was betng Referred to the Planntng Commtsston He had confused thts ttem wtth the Resolutton re
"temporary parktng lots" As thts ordtnance ts not effecttve unttl Aprtl 30, 2003, Counctlman Branch
requested thts ttem be DEFERRED until the City Council Session of May 14, 2002 Councilman Harrtson
advtsed he had recetved concerns relattve the Ordmance not contamtng a grandfather clause Counctl Lady
Eure advtsed Karen Lasley, Zontng Admtntstrator, had advtsed these parktng lots were not betng grand
fathered, as the tntent was to clean them up
ITEM # 49536
MI
Resolutton re proposed Amendments to 111, 1501,
1511, and 1521 of the Ctty Zonmg Ordinance (CZO)
definmg "Temporary Commerctal Parking Lots",
estabhshtng temporary commercial parking lots as a
prtnctpal use tn the R T-1, RT-2 and RT-3 Resort Tourist
Districts, and, the Planmng Commtsston to make thetr
recommendatton to Ctty Counctl wtthtn (60) stxty days
Deputy Ctty Attorney Wtlham Macah chstrtbuted an Amended Resolutton and Ordtnance to only allow
prtnctpal uses tn the RT-1, and RT-2, but not RT-3.
ITEM # 4953 7
M2
Resolutton to AUTHORIZE and promulgate
Amendment No. 6 to the Pubhc Works' Spectficattons
and Standards manual
Counctl Lady McClanan wtll vote NAY on thts ttem
ITEM # 49538
Resolutton to authortze Pohce Agreement (Mutual Aid) wtth York
County re Worm Church of the Creator vtstt May 3-6, 2002
The Ctty Attorney referenced an ADD-ON ttem and the Ctty Manager's correspondence of Aprtl 19, 2002
The Ctty Manager advtsed recently pohce departments throughout Hampton Roads recetved a request for
asststance from the York County Shertff's Department concernmg an upcomtng pubhc forum tn thetr
jumsdtctton The event, scheduled for May 4, 2002, will mvolve members of the World Church of the Creator
and tts leader Reverend Matt Hale T/us orgamzatton promotes as tts cause the survtval, expanston and
advancement of the whtte race Because of past expertences tnvolvtng the World Church of the Creator and
the Antt-Ractst Actton (ARA) group, York County offictals are concerned that the event tn May could result
tn a ctvtl disturbance Chtef dacocks advtsed two squads of officers (approximately 8 to I0 officers with their
sergeants, as well as 8 mountedpatroO will be furntshed They wtll stay for the 1 day event The State Pohce
ts also sendtng a substanttal conttngent Some of the ctttes on the southstde , as well as all the Ctttes on the
Pemnsula, whtch are party to a mutual atd agreement, are asststmg Chtef dacocks ts not aware of any
mthtary parttctpatton
Aprt123, 2002
- 13-
AGENDA RE VIEW SESSION
ITEM # 49538 (Continued)
Deputy City Attorney Macah advtsed there ts an tndemntty provtston York tndemntfies Vtrgtnta Beach for
any personal tnjury or property damage caused by a thtrd party It ts very &fficult to deny a permtt Core
pohttcal acttvtty ts htghly protected by the first amendment
Councd Lady McClanan wall vote a NAY on thts ttem
ITEM # 49539
B Y CONSENSUS, the following shall compose the CONSENTAGENDA:
ADD-ON
ORDINANCES
L 1 Ordtnances to AMEND the Ctty Code
a 3g 23-58 re commercialparking lots tn Resort Tourtst Dtstrtcts
b ~3~ 6-16 I, 6-109, 6-110 andADD 6-121 2 repersonal water craft
L2
Ordtnance to AMEND the Ctty's open air cafd
regulattons mcreasmg franchise fees based on cafd
category, and, to clartfy and define phystcal and
operattonal crtterta for the cafes
L3
Ordtnance to ACCEPT and APPROPRIATE a $25,000
grant from Lowe's Home Safety Councd to the Ftre
Departments 's FY 2001-2002 operattng budget re new
displays for the Vtrgtnta Martne Sctence Museum and
esttmated revenues be tncreased accordtngly
RESOLUTIONS
MI
Resolutton reproposedAmendments to 3g 111, 1501, 1511,
and 1521 of the City Zoning Or&nance (CZO) defimng
"Temporary Commerctal Parktng Lots", estabhshtng
temporary commercial parking lots as a prmctpal use tn
the RT- I, RT-2 and RT-3 Resort Tourist Districts, and, the
Planmng Commtsston to make thetr recommendatton to
Ctty Councd wtthm (60) stxty days
M2
Resolutton to AUTHORIZE and promulgate Amendment
No. 6 to the Pubhc Works' Spectficattons and Standards
manual
M3
Resolutton re use of alternattve fuel vehtcles and the
Hampton Roads Clean Cities Coalition tn st 's regtonal
efforts to promote the use of alternattve fuels for
transportation
Resolutton to authortze Pohce Agreement (Mutual Atd)
wtth York County re World Church of the Creator vtstt
May 3-6, 2002
Item 1 a wtll be DEFERRED, B Y CONSENT, untd Ctty Councd Sesston of May 14, 2002
Councd Lady McClanan will vote NAY on Item M 2 and ADD-ON Item
Aprtl 23, 2002
- 14-
AGENDA RE VIEW SESSION
ITEM # 49540
N2
Apphcatton o f JOHN C. A TKINSON for the enlargement
of a non-conforming office use on Lot 12, Block 3,
Ubemeer, at 5307 Atlanttc Avenue, contatntng 6,625
square feet
DISTRICT 5 - L YNNHA VEN
Thts item will be dtscussed durtng the Formal Sesston Counctlman Harrtson referenced correspondence
tn opposition from the North Virginia Beach Civic League
The stte ts the ortgtnal locatton of the sales office, estabhshed tn 1927 The tmprovement wtll be tn keeptng
wtth the character of the extsttng homes located tn the area and wtll enhance the archttectural appeal of the
existing structure
Counctl Lady Parker ABSTAINED as she and her husband own Parker Pools and Atktnson Realty ts the
managtng agent for one of thetr chents
ITEM # 49541
RECONSIDERATION Apphcatton of PRINCESSBORO
DEVELOPMENT COMPANY, INCORPORA TED for a
Condtttonal Use Permit re a borrow pit on the south stde
of Sandbrtdge Road, east of Prtncess Anne Road,
contatnmg 64 911 acres
(PRINCESS ANNE - DISTRICT 7)
Thts apphcatton wtll be &scussed durtng the Formal Session
ITEM # 49542
N5
Apphcatton of CHARLES F. BOWDEN for a Change of
Zomng Dtstrtct Classtficatton from R-30 Restdenttal
Dtstrtct to Condtttonal R-20 Restdenttal Dtstrtct on the
west side of Wakefield Drtve, south of Delray Drtve on
Parcel A, Section 8, Part 4, Thoroughgood (DISTRICT 4
- B a YSIDE)
Counctlman Jones advtsed the apphcant, through hts attorney, Eddte Bourdon, has requested the Ctty
Counctl refer this apphcatton back to the Planmng Commission for the purpose of amendmg the site plan
and coordtnattng wtth the communtty Counctlman Jones advtsed, tf there was not opposttlon, he would
request thts apphcatton be referred to the Planning Commission, B Y CONSENT.
Steven White, Planntng, advtsed tf thts apphcatton ts referred back to the Planntng Commtsston, adjacent
property owners wtll be nottfied If Ctty Counctl requests, another orange zomng stgn wtll be placed on the
property
ITEM # 49543
B Y CONSENSUS, the followtng shall compose the PLANNING BY CONSENT AGENDA:
N1
Apphcatton of RJP, LLC. for a Converston of a Non-
Conformtng Use to renovate the extsttng duplex tnto a
smgle famtly home at 202 87th Street, contamlng 7,500
square feet
DIS TRI C T 5 - L YNNHA VEN
N3
Apphcatton of SPRING BRANCH COMMUNITY
CHURCH for a Condtttonal Use Permtt for a church
expansion on the east stde of N Great Neck Road, north
of Harbor Lane (1500 N Great Neck Road), contamtng
9 I I acres
(msrmcr ~ - ~ YNNHA VEN)
Aprtl 23, 2002
N5
N6
- 15-
AGENDA RE VIEW SESSION
ITEM # 49543 (Continued)
Apphcatton of CHARLES F. BOWDEN for a Change of
Zoning Dtstrtct Classtficatton from R-30 Restdenttal
Dtstrtct to Conchttonal R-20 Restdenttal Dtstmct on the
west stde of Wakefield Drive, south of Delray Drtve on
Parcel A, Sectton 8, Part 4, Thoroughgood (DISTRICT4
- BA YSIDE)
Apphcatton of BANBURY LAKE VILLAGE
COMPANY, L.L.P., for a Change of Zomng Dtstrtct
Classtficatton from B-2 Community Bustness Dtstrtct
to A-18 Apartment Dtstrlct. south of OM Provtdence
Road contamtng 15, 941 96 square feet
(DISTRICT 1 - CENTER VILLE)
Counctl Lady McClanan wtll vote NAY on Item N. 3.
Item 15 wtll be REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT, tf there ts no
opposttton
Aprtl 23, 2002
-16-
CITY COUNCIL COMMENTS
5:20 P.M.
ITEM # 49544
Counctl Lady Henley advised her opponent has alleged she only conducts the quarterly pubhc forums
because she was &rected by Ctty Counctl to do so smce she had not been respon&ng to Ctty Counctl
concerns tn a Workshop Her opponent stated he was advtsed by several Counctl Members Counctl Lady
Henley requested the City Clerk to search the records of the Mtnutes and tf there ts anythtng whtch remotely
supports thts claim, she be advised Counctl Lady Henley does not remember any dlrecttons by Ctty Counctl
to conduct her forums
The Ctty Clerk advised the records have been searched and thts tnstructton ts not contatned wtthtn these
records
The Ctty Attorney advtsed Ctty Counctl can request anythtng they chose, but they would not &rect an
tn&vtdual Counctl Member to do somethtng of that nature
ITEM # 49545
Councd Lady Wtlson referenced the hghttng legtslatton approved by the General Assembly and whether the
Ctty's hghttng would be effected
C Oral Lambert, Jr, ChtefOperattng Officer, advised the legtslatton has just been recetved and Ctty staff
ts revtewtng same A report wtll be forthcomtng
ITEM # 49546
Mayor Oberndorf referenced the RESOURCE MANAGEMENT PLAN FISCAL YEAR 2002-2003
OPERATING BUDGET and FISCAL YEAR 2002-2003 THRU 2007-2008 CAPITAL IMPROVEMENT
PLAN Pubhc Hearing on Aprt118, 2002 Ms Gallagher referenced HRTfundmg and referenced the north
end restdents must walk three mtles to catch a bus Drtvers are betngpatd for not drtvtng citizens They stt
for four (4) hours out of an etght-hour day Mayor Oberndorf requested Counctl Lady Parker, as the HRT
Representattve, have the Executtve Dtrector respond
Council Lady Parker advtsed thts was one route that was going to be cut durtng the Wtnter based on the
analysts There were so few rtders The Ctty and Dale Castellow worked hard to at least allow for some
rtdershtp tn the mormngs and afternoons so people could go back and forth The bus ts not available durtng
the middle of the day
Mayor Oberndorf advtsed Nancy Borroughs also collaborated the accusattons made Councd Lady Parker
wtll also tnqutre whether parttcular conventtons had rented trolleys durtng the ttme tn questton
ITEM # 4954 7
Council Lady Eure referenced correspondence from the City of Newport News regarding the Aviation
World's Fair and thetr request for fun&ng of $100per captta The Ctty Manager advtsed these funds are
not tn the Operattng Budget
Mayor Oberndorf and the Ctty Manager wtll respond
ITEM # 49548
Mayor Oberndorf referenced the Economtc Development Alhance located the tmport facthty for TARGET
tn Suffolk (approxtmately $130-MILLION e&fice)
Councdman Man&go read the letter re the TARGET &strtbutton center The salartes and postttons
recrutted by them are not what Vtrgtnta Beach has set to be the goal for Economtc Development Mayor
Oberndorf advtsed the other ctttes do not have a "floor "for the type of salartes tn whtch they are tnterested
Counctlman Jones advtsed the staff has followed our pohcy
Mayor Oberndorf advtsed at the Pubhc Heartng on Aprtl 18, 2002, at least three of the ctttzens requested
the regtonal funds be re&rected to the Economtc Development Department to recrutt the types ofbustnesses
destred Counctlman Man&go advised he had asked the Economtc Development Dtrector tf ad&ttonal funds
were necessary and he stated thts was not the issue
Aprtl 23, 2002
-17-
CITY COUNCIL COMMENTS
ITEM # 49549
Counctlman Man&go advtsed stnce the Ctty Councd met last, the Amphtbtous Ready Group with the Bataan
lead came back and brought tn 900 to l, O00 sadors who had not been home tn 7 months Councdman
Man&go advtsed he was tn the "Gator" Navy when he was on acttve duty This Councdman cares for them
and welcomes them back
Mayor Oberndorf satd thts whole Ctty cares for them and joms tn a hearty "Welcome Back"
ITEM # 49550
Councd Lady Parker referenced the recent report on Town Center Thts ts approxtmately the thtrd month
for the analyttcal analysts from Jeff Grtffin, Sumner and Assoctates, who had been overseetng the cost
allocatton, has been mtsstng The Ctty Manager have contracted wtth Mr Grtffin, who left Sumner, to
contmue thts servtce
ITEM # 49551
Councdman Harrtson referenced the Pubhc Comment on the 31" Street project durtng the Formal Ctty
Councd Session Mayor Oberndorf recetved correspondence from Al Wallace, Prestdent of the Councd of
Ctvtc Organtzattons, requesttng DEFERRAL untd the end of dune tn order for the orgamzatton to study
the drafted contract tn depth
Councdman Harrtson wtshes to be assured the Ctty Manager can commence the adverttstng process
necessary so that the obltgattons tn those agreements, should they be approved on May Fourteenth, can
be properly handled under the Public Procurement Act If the Agreements are not approved on May 14,
2002, the adverttstng can be wtthdrawn The State RFP laws are set
The Ctty Manager advised tt would just be an ad announcing the RFP ts avadable for tnspectton
Mayor Oberndorf satd she was not wdhng to adverttse untd a determtnatton had been made
The City Manager advtsed tn order to provtde three weeks to respond to the RFP, the adverttstng must be
commenced prtor to May 14, 2002
The Ctty Attorney advtsed etther there would be a very short turn around tn the adverttsmg of the RFP or
the Ctty would need to renegottate the date of June 30, 2002 (whtch was based on an earher vote) to award
the RFP
Mayor Oberndorf requested a consensus of Ctty Councd to &rect the Ctty Manager to advertise the Request
for Proposal re the 31st Street project
Ltnwood 0 Branch, III,
Margaret L Eure,
Wdham W Harrtson, Jr
Barbara M Henley,
Louts R Jones
Reba S McClanan
Yes
Yes
Yes
Yes
No
No
Robert C Man&go, Jr Yes
Mayor Meyera E Oberndorf No
Nancy K Parker No
Wdham D Sessoms, Jr Absent
Rosemary Wtlson Abstatn
Aprt123, 2002
-I8-
ITEM # 49552
Mayor Meyera E Oberndorf , called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butl&ng, on Tuesday, Aprtl 23, 2002 at 5 45
PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Absent
Robert C Man&go, Jr and Wtlham D Sessoms, dr
Aprt123, 2002
-19-
ITEM # 49553
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followmg purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of
prospecttve can&dates for employment, assignment, appotntment,
promotton, performance, demotion, salartes, &sctphntng, or
restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt Appotntments
Boards and Commtsstons
Commumty Servtces Board
Eastern Vtrgtma Me&cal School
Vtrgmta Beach Health Servtces Advtsory Board
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatmng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtston of legal advice by counsel pursuant to Section 2 1-344(A)(7)
Sportsplex
Anctent Art Tattoo Stu&o, LTD v Ctty of Vtrgtnta Beach,
Robert Loher, Admtntstrator of Permits and Inspections and
Phtlhp d Kellam, Commtsstoner of the Revenue
Robert Herman Properttes, L and Herman, Inc v Oceanstde
Condomtntum Assoctatton, Inc Caton Family L L C, C B M
Company t/a Schooner Motor Inn and City of Vtrgmta Beach
Upon motton by Counctlman Jones, seconded by Councilman Branch, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Vottng 9-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr
Barbara M Henley, Louts R Jones, Reba S McClanan, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Robert C Man&go, Jr and Vtce Mayor Wtlham D Sessoms, Jr
(Time of Closed Session: 5:48 - 6:00 P.M.)
Aprtl 23, 2002
- 20-
FORMAL SESSION
VIRGINIA BEA CH CITY COUNCIL
April 23 2002
6:00 P.M.
Mayor Meyera E Oberndorf, called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Council Chamber, City Hall Bmldtng, on Tuesday, April 23, 2002, at 6 O0 P M
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R dories, Reba S McClanan, Robert C
Man&go, dr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, ,Ir
[Out of Ctty on Bustness]
Mayor Oberndorf ANNOUNCED the death of a very great lady, Phylhs Mtllette, former Dtrector of Human
Services, for the City of Vtrgtnta Beach The Mayor requested a Moment of Silence tn honor of her memory
INVOCATION Counctlman Louts R ,Iones requested Leon M Smtth, husband of the Ctty Clerk Ruth
Smtth, be remembered tn thetr prayers durtng hts recovery
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Aprt123, 2002
Item V-E.
-21 -
CER TIFICA TION OF
CLOSED SESSION
ITEM # 49554
Upon motton by Counctl Lady Parker, seconded by Counctlman Harrtson, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
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 motton
conventng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 9-0
Counctl Members Vottng Aye
Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley, Louts
R clones, Reba S McCIanan, Robert C Man&go, dr, Mayor Meyera E
Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III and Vice Mayor Wtlham D Sessoms, Jr
Aprt123, 2002
RESOLUTION
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 # 49553, page 19, 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, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council
City Clerk
April 23, 2002
Item V-F. 1.
- 22 -
MINUTES
ITEM # 49555
Upon motton by Councd Lady Eure, seconded by Councdman Man&go, City Councd APPROVED the
Mtnutes of the INFOR31AL AND FORMAl, SESSIONS of April 9, 2002.
Vottng 9-0
Councd Members Vottng ,4.ye
Margaret L Eure, Wdham W Harrtson, dr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
Ltnwood 0 Branch, III and Vice Mayor Wdham D Sessoms, dr
Aprd 23, 2002
Item V-G.I.
- 23 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 49556
AGENDA FOR THE FORMAL SESSION
ADD TO AGENDA
Resolutton to authortze Pohce Agreement (Mutual Atd) wtth York
County re Worm Church of the Creator vtstt May 3-6, 2002
Aprzl 23, 2002
Item V-G. 2
- 24 -
ITEM # 49557
Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADDED TO THE
AGENDA:
Resolutton to authorize Pohce Agreement (Mutual Aid) with York
County re World Church of the Creator visit May 3-6, 2002.
Vottng 9-I
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
Reba S McClanan
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Aprt123, 2002
- 25 -
Item ~-H. 1.
ITEM # 49558
Mayor Oberndorf PROCLAIMED:
May 4, 2001
SPECIAL OLYMPICS DA Y
Spectal Olymptcs ts an tnternattonal movement of sports tratntng and competition which gtves chddren and
adults who are mentally challenged an opportuntty to develop thetrphystcal skdls, dtsplay thetr abthttes and,
most tmportantly, fulfill thetr human potenttal Vtrgmta Beach Spectal Olymptcs provtdes mentally
challenged ctttzens wtth the opportuntty to parttctpate tn athlettc tratntng and competttton, as well as other
soctal events The Area II Annual Track and Fteld games tncludtng Vtrgtnta Beach Spectal Olymptcs wdl
be held on Saturday, May 4, 2002, at Kellam Htgh School The l/trgtnta Beach Games wall be on May 11,
2002, at Plaza Middle School Openmg ceremomes for both commence at 10 O0 A M
Robert Mallet, l&ce Prestdent- Area Il and Prestdent of Vtrgtma Beach Spectal Olymptcs, Anthony Sweeney,
Athlete, and Courtney Buffington, Member of the Board and Coach, accepted the PROCLAMATION.
Anthony Sweeney sang the Star, Spangled Banner
Aprtl 23, 2002
Whereas:
Special Olympics is an international program of sports training and
competition ~vhich gives children andadults who are mentally challengedan
opportunity to develop their physicalskills, display their abilities and, most
importantly, fulfipltheir human potentiao and
Bie Virginia (Beach Special Olympics provides mentally challenged citizens
with the opportunity to participate in athletic training and competition os
xvell as other social events; and
This year, the Area 1I Annual Track and q:ieldaames including Virginia
(Beach SpecialOlympics will be heldon Saturday, May 4, 2001 at Kellam
91igh School in Virginia (Beach; and
Whereas: This will be the eleventh year of the Virginia (Beach City Councips tradition
of honoring Special Olympics:
Hoxv, Therefore, I, Meyera B. OberndoOc,, Mayor of the City of Virginia (Beach, Virginia,
do hereby Proclaim
9ff a~ 4, 2002
Special Olympics &ay
In Virginia (Beach, andl encourage allcitizens to support the games on 9vlay 4, 2002. I
further encourage allcitizens to recognize the courage of SpecialOlympians, the spirit and
adventure of SpecialOlympics, andthe contributions of mentally challengedcitizens to our
community.
In Witness Whereof, I have hereunto set my handandcausedthe OfficialSealof the City
of Virginia (Beach, Virginia, to be afftxed this Twenty-third day of Apri6 Two Thousand
Two.
~eyem ~,. Obemdotf
9ffayor
Item V-H. 2.
- 26-
RECOGNITION
ITEM # 49559
Mayor Oberndorf recogmzed Kevtn Groggm, Teacher, Virginia Beach Friends School accompanied by
fourteen (14) of hts students who are studymg "American Government"
Aprd 23, 2002
-27-
Item VI-L1.
PUBLIC HEARING
ITEM # 49560
Mayor Oberndorf DECLARED A PUBLIC HEARING:
Real Property Tax Increase proposed for Annual Assessments
The followtng regtstered to speak
Robert O'Connor, Prestdent- Czttzens Action Coalition, 204 52"' Street, #A 23451, 428-0902, requested
general assessment of real estate every two years
Chuck Guthre, President - Lynnhaven Marine Botel, 492 Haversamp Close 23454, Phone 481-1732,
opposed to the boat tax
Ken McLeskey, represented McLeskey Yacht Consultants, 524 Winston Salem Avenue, Ste 200 23451, Phone
491-5800, opposed to the boat tax
John D Moss, represented the l,'trgtnta Beach Tax Payers 'Alhance, 4109 Rtchardson Road 23455,
Phone 363-7745, registered tn opposttton to real property tax zncrease
Ben Krause, represented the I,'trgtnta Beach Tax Payers 'Alhance 1436 Ftve Hill Trail, 23452, Phone, 486-3721, registered tn opposition to real property tax mcrease
Al Strazzullo, 3120 Sand Ptne Road 23451, Phone 481-0024, regtstered tn opposttton to real property tax
increase
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
Aprzl 23, 2002
NOTICE OF PROPOSED
REAL PROPERTY TAX INCREASE
AND PUBLIC HEARING
Tax Increase Caused by Increase in Annual Assessment
The City of Virginia Beach proposes to increase property tax levies
,
Assessment Increase: Total assessed value of real property,
excluding additional assessments due to new construction or
improvements to property, exceeds last year's total assessed
value of real property by 6.12 percent.
2~
Lowered Rate Necessary to Offset Increased Assessment: The
tax rate which would levy the same amount of real estate tax
as last year, when mult~phed by the new total assessed value of
real estate w~th the exclusions mentioned above, would be
$1.1496 per $100 of assessed value Th~s rate will be known
as the "lowered tax rate."
.
Effective Rate Increase: The C~ty of Virginia Beach proposes to
adopt a tax rate of $1.22 per $100 of assessed value. The
difference between the lowered tax rate and the proposed rate
would be $.0704 per $100, or 6.12 percent Thru difference
w~li be known as the "effective tax rate ~ncrease."
Individual property taxes may, however, increase at a
percentage greater than or less than the above percentage
4.
Proposed Total Budget Increase: Based on the proposed real
property tax rate and changes ~n other revenues, the total
budget of the C~ty of V~rgm~a Beach w~ll exceed last year's by
3.21 percent.
NOTE: Although the FY 2002-2003 Operating Budget as submttted
to Council does not propose an increase ~n the current real estate
tax rate of $1 22 on each $100 of assessed valuation, the
assessment for individual propertms ~ncreased by an average of
6.12%. Smcethe ~ncrease ~sover 1.00%, the preceding
informat~on was provided pursuant to Sectmn 58.1-3321 of the
Code of V~rg~n~a.
Public Hearing
A public hearing on the increase w~ll be held on Tuesday, Ap,I 23,
2002, at 6:00 P.M. m Council Chamber on the second floor of the
C~ty Hall Building, Municipal Center, V~rgmla Beach, Virginia.
Interested persons may appear at such t~me and place to present
their views. Individuals desiring to provide oral or written
comments may do so by contacting the City Clerk's office at 427-
4303. If you are physically disabled, or hearing or visually
impaired, and you need assistance at th~s meeting, please call 427-
4305 Vo~ce/TDD.
Note:
1. Heading to be at least 18-point s~ze.
2. Advertisement to appear m the Beacon on April 14;2002.
3. Ad size to be at least one-e~ghth page.
4. Ad is not to be placed m that portion of the newspaper reserved
for legal notices or classified advertmement.
- 28 -
Item VI-I. 2.
PUBLIC HEARING
ITEM # 49561
Mayor Oberndorf DECLARED A PUBLIC HEARING:
Personal Property Tax Increase Proposed
Privately Owned Pleasure Boats
FY 2002-2003 Resource Management Plan - Operating Budget
FY 2002-2003 Resource Management Plan - Capital Budget
General Obligation Bonds Proposed Issuance $ 59,300,000
Water and Sewer Utility Revenue Bonds Proposed Issuance $ 6,930,000
The followtng regtstered to speak
Tarra Ferguson-Davts, represented the Endependence Center, 3824 Betsy Crescent 23456,
Phone 471-6060, dtstrtbuted the 2001 Annual Report, whtch ts hereby made a part of the record
Captatn D R Staton, 3709 Beacon Lane 23452, Phone 431-2193, spoke re salartes of pohce, firefighters
and teachers
Al Strazzullo, 3120 Sandptne Road 23451, Phone 481-0024, requested constructton of a new conventton
center and relocatton of a communtty theatre be shelved and expanston of the Pavdton Conventton Center
be considered
Ttm Solamc, Member - Ocean Park Ctvtc League, 3612 Du Pont Ctrcle 23455, Phone 464-6922, re
CIP 2-168 (Lesner Brtdge replacemenO and requested alternattves presented by the Shore Drtve
Commumty Coahtton be considered
Barbara Messner, Frtends of 3Ist Street Park, 1413 Kara Court 23454, Phone 422-1902, spoke relattve
pubhc safety
Maury Jackson, Ctttzen's for a Park Only On 31st Street, 1125 Dttchley Road 23451, Phone 428-1470
Vtctorta Rtzzt, Frtends of 3?' Street Park, Phone 424-0607, spoke tn opposttton to tncreased taxes
Ben Krause, represented the Virginia Beach Tax Payers ' Alhance, 1436 Ftve Htll Tratl 23452, Phone 490-5614, concerned relattve ctty corporate culture
Iva Nash, Vtce Prestdent of Vtrgtnta Beach Educatton Assoctatton 540 Cedar Lane 23452, Phone 486-3146, spoke tn support of mcreased salartes for teachers and health care
dohn D Moss, represented the Vtrgtnta Beach Tax Payers 'Alhance, 4109 Rtchardson Road 23455,
Phone 363-7745, spoke relattve a better balance than drawn wtth reexamtntng the 70/30 strategy
Todd Solomon, Shore Drtve Commumty Coahtton, 2260 Ftrst Landtng Land 23451, Phone 496-5733,
opposed to CIP 2-168 (Lesner Bridge ReplacemenO Lesner Brtdge should be mcluded tn the budget as
an engtneermg destgn analysts
Mary Puryear Butler, 3300 Don Caster Road 23452, Phone 340-3300, comphmented the budget, however
requested the Ctty utthze a larger percentage of funds to take care of the tnfrastructure tn the older
commumttes and less on pubhc/prtvate partnershtp
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
Aprtl 23, 2002
NOTICE OF PUBLIC HEARING
Proposed Increase of Personal Property Tax
on Privately Owned Pleasure Boats
The City of Virginia Beach proposes to increase the tax rate on all
privately owned pleasure boats and watercraft used for recreational
purposes only, as described in Section 58.1-3506(A)(10),(A)(26),and
(A)(27) of the Code of Virginia. The proposed new rate would be
one dollar ($1.00) on each one hundred dollars ($100) of assessed
valuation. If approved, the increase in the tax rate would go ~nto
effect January 1, 2003. The complete ordinance is available for
examination by the public in the City Clerk's Office, the City
Manager's Office, or the Department of Management Services, in the
City Hall Building (Bldg. #1), 2401 Courthouse Drive, Virginia Beach,
Virginia.
The public hearing will be conducted on Tuesday, Aprd 23, 2002 at
6:00 p.m. in Council Chamber on the second floor of the City Hall
Building, Mumclpal Center, Virginia Beach, Virginia. Interested
persons may appear at such time and place to present their wews.
Indlwduals des~nng to provide oral or written comments may do so
by contacting the City Clerk's office at 427-4303. If you are
physically d~sabled, or hearing or visually impaired, and you need
assistance at th~s meeting, please call 427-4305 Voice/TDD.
F~th Hodges"Sm~th, MMC
Note:
1. Advertisement to appear in the Beacon on: Sunday, April 7, and
Sunday, Apnl 14, 2002.
NOTICE OF PUBLIC HEARING
Thursday, April 18, 2002 - Frank W. Cox High School - 6:00 P.M.
Tuesday, April 23, 2002 - Council Chamber/City Hall Building - 6:00 P.M.
Pursuant to Section 5.07 of the City Charter and Section 2-197 of the City Code, the Council of the City of V~rg~ma
Beach, Virginia will hold public hearings as noted above, on the City Manager's Proposed Operating Budget for the fiscal
year beginning July 1, 2002 and ending June 30, 2003, and on the six-year Capital Improvement Program including the F
2002-2003 Capital Budget. A brief synopsis follows:
PROPOSED FISCAL YEAR 2002-2003 OPERATING BUDGET
Summary of Expenditures
BUSINESS AREA
Cultural & Recreational
Opportunities
- Museums and Cultural Arts
- Parks and Recreation
Economic Vitality
- Agriculture
- Convention & Visitor
Development
- Economic Development
- Housing and Neighborhood
Preservation
Family & Youth Opportunities
- Comprehensive Services Act
- Health
- MH/MR/SA
Social Services
Operational Support
- Audit Services
- City Real Estate Assessor
- City Treasurer
Commissioner of the Revenue
Communications and Info Tech
- Finance
- General Serwces
- Human Resources
- Non Departmental-Operational
Support
Policy and Decision Support
- C~ty Manager
- General Registrar
981,985
$7,432,135 - Law 2,998,476
22,049,595 - Legislative 965,812
- Management Services 1,343,286
1,095,316 - Non-Departmental 1,836, 221
Quality Education and
15,668,040 Lifelong Learning
1,682,785 - Education 581,888,186
- Library 12,944,959
15,039,572
Quality Physical Environment
4,280,953 - Planmng & Commumty
Development 1 O, 225,802
2,717,911 - Pubhc Utd,tms 59,080,562
29,280,658 Pubhc Works 67,506,507
31,395,373 Safe Community
- Commonwealth's Attorney 4,913,448
704,911 - Commumty Corrections 516,045
2,331,202 - Courts and Court Support 5,787,120
4,755,742 Emergency Medical 2,907,429
Serwces
3,816,450 - Fire 29,586,592
9,409,177 - Pohce 63,344,181
4,167,735 -Shenff and Corrections 20,420,155
27,914,163 OTHER
3,660,889 Capital Projects 36,460,846
Debt Service 104,524,706
5,027,635
Reserve for Contingencies
TOTAL EXPENDITURES
2,039,111
29,019,868
$1,231,721,539
General Property Taxes
Other Local Taxes
Permits, Privilege Fees, and
Regulatory L~censes
Fines and Forfeitures
Use of Money and Property
Charges for Services
Summary of Revenues
$411,325,626
194,267,600
4,339,238
4,487,89O
13,859,380
128,892,526
M~scellaneous Revenue
From the Commonwealth
From the Federal
Government
Non-Revenue Receipts
Reserves
TOTAL REVENUES
7,702,660
366,227,720
83,698,164
4,264,428
12,656,307
$1,231,72!,539
PROPOSED CAPITAL IMPROVEMENT PROGRAM AND
CAPITAL BUDGET FOR FISCAL YEAR 2002-:)003
BUSINESS AREA
Cultural & Recreational Opportunities
Economic Vltahty
Family & Youth Opportunities
Operational Support
Pohcy and Decision Support
Quality Education and L~felong Learning
Quality Physical Environment
Safe Commumty
TOTALS
FY 2002-2003
CAPITAL BUDGET
$25,635,OOO
157,373,510
0
10,620,347
2,000,000
41,432,247
55,905,689
1.8,319,7.8.5
$311,286,578
SIX YEAR
CAPITAL PROGRAM
$134,659,959
321,198,706
1,178,971
79,611,405
3,766,565
430,516.853
627,644,339
143,960.390
$ 1,742,537,.1. 88
MEANS OF FINANCING
General Approp.at~ons
Local Bond Issues
Fund Balance
Storm Water Utility Fund
Water and Sewer Fund
Federal Cont.but~on
State Contribution
Sale of Property
Other Locaht~es
Proceeds of Lease-Purchase Agreements
Other
TOTALS
$ 28,976,536 $ 341,200,869
64,230,000 676,251,890
10,771,480 116,735,775
3,734,310 44,320,896
3.750,000 46,044,627
140,000 8,467,371
18,928,402 174,418,975
6,380,850 16,877,842
0 28,668,627
174,150,000 287,635,834
225,000 1 ..91,4,482
$311,286,578 81,742,537,188
The Proposed Operating Budget and Proposed Capital Improvement Program/Capital Budget documents are avadable at
Central Library and all branch libraries. Copies are also available for examination at the C~ty Manager's Ofhce, the City
Clerk's Office, and the Department of Management Serwces between 8:30 a.m. and 5:00 p.m, Monday through F.day.
These documents can be wewed at the C~ty's web page located at www vbgov, com.
All hearings are open to the public, and all interested persons will have an opportunity to be heard To prowde an
opportunity for all persons to be heard, speakers are asked to make oral comments within three minutes or such other
reasonable time limit as shall be determined by C~ty Council. Written comments may be presented at the hea.ng
Individuals desiring to provide oral or written comments may do so by contacting the C~ty Clerk's office at 427-4303 or I
reglstenng with the City Clerk's office on the second floor of the City Hall Building prior to the hearings If you are
physmally dmabled, hearing ~mpaired, or visually impaired, and you need assistance at these hea.ngs, please call 427-
4305 Voice/TDD
~['uth H°dges ~mlth, MMC '
Ad to appear in the Sunday, Aprd 7, and Sunday April 14, 2002 Beacon
NOTICE OF PUBLIC HEARING
Proposed Issuance of General
Obligation Bonds in the Estimated
Maximum Amount
of $ 59,300,000
On Tuesday, Aprd 23,2002, the Councd of the City
of V~rgmla Beach, Wrglnla, will hold a pubhc hearing
on the proposed msuance by the C~ty of general
obhgat~on bonds in the estimated maximum amount
of $59,300,000. The purpose of the bonds is to
finance various pubhc facdity and ~mprovement
projects, including Schools, Roadways, Coastal,
Buddings, Economm and Tourism, Parks and
Recreation, and other pubhc facility and ~mprovement
prolects.
The pubhc heanng wdl be conducted at 6:00 p.m. m
Councd Chamber on the second floor of the City Hall
Building, Municipal Center, Virginia Beach, Virginia
Interested persons may appear at such t~me and
place to present their v~ews. Individuals desiring to
provide oral or written comments may do so by
contacting the C~ty Clerk's office at 427-4303. If
you are physically d~sabled, or hearing or visually
~mpa~red, and you need assistance at th~s meeting,
please call 427-4305 Voice/TDD.
Et o gesS'~ i ,MMC
Note:
1. Heading to be at least 18-point size.
2. Advertisement to appear ~n the Beacon on:
Sunday, Aprd 7 and Sunday, Aprd 14, 2002.
NOTICE OF PUBLIC HEARING
Proposed Issuance of Water & Sewer
Utility Revenue Bonds in the
Estimated Maximum Amount
of $6,930,000
On Tuesday, Aprd 23, 2002, the Councd of the C~ty
of V~rg~n~a Beach, V~rgm~a, wdl hold a pubhc hearing
on the proposed ~ssuance by the C~ty of water and
sewer utd~ty system revenue bonds ~n the estimated
maximum amount of $6,930,000. The purpose of
the bonds is to finance improvements and expansions
to the C~ty's water and sewer system.
The pubhc heanng wdl be conducted at 6:00 p m. m
Councd Chamber on the second floor of the City Hall
Building, Mumc~pal Center, Virginia Beach, Virg~ma
Interested persons may appear at such t~me and
place to present their v~ews. Individuals desiring to
provide oral or written comments may do so by
contacting the C~ty Clerk's office at 427-4303. If
you are physically disabled, or hearing or wsually
~mpa~red, and you need assistance at this meeting,
please call 427-4305 Vo~ce/TDD.
'Ruth Hodges S"m~th, MMC
Note:
1. Heading to be at least 18-point size.
2. Advertisement to appear in the Beacon on:
Sunday, Aprd 7 and Sunday, Apnl 14, 2002.
Item VI-K. 1.
- 29 -
PUBLIC COMMENT
ITEM # 49562
The followtng presented tnformatton relattve the 31s~ Project
Attorney Tom Frantz, Wtlhams, Mullen, Clark & Dobbins, represented Thtrty-first Street, L C, and
requested approval of the amended and restated Development ,,tgreement by and among Thtrty-first Street,
L C, the Ctty and the Development Authortty The document has been submttted and stgned by thetr chent
and submitted to the City along with the related documents for the purchase of the Oceanfront stte at 31s'
Street and for the sale of the Beach Quarters Inn at Rudee Loop
Robert F Uhrtn AIA, Archttect- Cooper Carry, 3520 Ptedmont Road, NE, Atlanta, Georgta 30305-1594,
Phone (404) 23 7-2000, charged to design for Vtrgmta Beach a world class resort hotel Mr Uhrtn ctted
examples of thetr archttecture downtown Norfolk Marrtot, Renatssance tn Portsmouth and Inter Harbor
Marrtott Hotel tn Balttmore, Maryland (all pubhc prtvate partnershtps) The archttects were charged wtth
destgntng a parktng garage, whtch dtd not look hke a garage Thetr firm wttl brtng the same experttse to the
project as tn the Francts Marton Parktng Garage tn downtown Charleston Mr Uhrtn &splayed the
proposed destgn
Bruce L Thompson, Thtrty-first Street, L C, developer, advtsed thts tdea was first concetved tn 1987 The
developer had a vtston which tncluded a 20-story landmark hotel The vtston also contemplated complete
redevelopment tn accord with the Resort Concept Plan of the "Thtrty-first Street Gateway" The tntttal btd
was for a 168-room hotel wtth a Datry Queen and a small park The Ctty Counctl tnqutred tf the developer
was mterested tn butl&ng a 300 room four-star hotel The property was acqmred The prodect envisioned
entatls approxtmately $60-MILLION, mcluchng the Ctty's contrtbutton The finance communtty wtll allow
recognttton tn the development tf $55-MILLION (approxtmately $6-MILLION tn pubhc tmprovements are
dtscounted)
Mayor Oberndorf DECLARED A PUBLIC COMMENT PERIOD
31st Street Project
The followtng regtstered to speak tn SUPPORT
Attorney Donald Redmond, 331 Ferdtnand Ctrcle, 23462 Phone 497-6705
Ron Thompson, Hotel Consultant, 1012 Sable Mtst Court, Las Vegas, Nevada, 89144
The followtng regtstered to speak tn OPPOSITION:
Barbara Messner, Frtends of the 31~' the Street Park, 1413 Kara Court, 23454, Phone 422-1902
Maury Jackson, Citizens 'for a Park Only On 31st Street, 1125 Dttchley Road, 23451, Phone 428-1470
Vtctorta Rtzzt, Frtends of 31st Street Park, Phone 424-0607
Ed Wilcox, 5711 Constance Court, 23462 (Mtchael Ntxon spoke on hts behalf)
Robert O'Connor, Prestdent of Ctttzens Actton Coahtton, 204 52"a Street, #A, 23451, Phone 428-0902
Mtchael Ntxon, 4221-125 Pleasant Valley #138, 23464, Phone 472-2153, "Needs further study"
Stacy Gardner, 546 Btltmore Drtve, 23454, Phone 270-1595
Henry Ryto, 864 Old Vtrgtnta Beach Road, 23451, Phone 428-2 763, spoke relattve theparktng garage 800-
spaces not adequate
Ben Krause, represented the Vtrgtnta Beach Tax Payers' Alhance , 1436 Ftve Hill Trail, 23452,
Phone 490-5614, procurement expert and spoke tn opposttton
Norman Kahn, 154 Lasktn Road 23451, Phone 428-3091
Mary Puryear Butler, 3300 Don Caster Road, 23452, Phone 340-3300
Nancy Burroughs, 1009 Chenquaptn Lane #202, Phone 591-8298
Al Wallace, Prestdent of Counctl of Ctvtc Organtzattons, 4601 Chtppendale Court, 23455,
Phone 497-2187, requested delay of the vote on May 14th, to enable the communtty to revtew the
amended documents Mr Wallace comphmented the very tnformattve presentatton
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC COMMENT PERIOD.
April 23, 2002
Item L/M.
- 30-
ORDINANCES/RES OL UTIONS
ITEM # 49563
Upon motion by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl APPROVED IN ONE
MOTION, Ordtnances la (DEFER), lb, 2 and3 and Resoluttons 1, 2, 3 andADD-ONResolutton re Pohce
Agreement (Mutual Aid) with York County of the CONSENT AGENDA.
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Rosemary Wilson
Counctl Members Voting Nay
None
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Counctl Lady McClanan voted NA Yon Item M 2 and ADD-ONM 4 Pohce Agreement (Mutual Aid) with
York County
Aprt123, 2002
Item Ll.a.
-31 -
ORDINANCES/RESOL UTIONS
ITEM # 49564
Upon motton by Councilman Jones, seconded by Councdman Branch, City Council DEFERRED to May
14, 2002:
Ordtnances to AMEND the Ctty Code
23-58 re commercial parking lots tn Resort Tourtst Dtstrtcts
Vottng 10-0
Councd Members Vottng Ave
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 and
Rosemary Wzlson
Council Members Voting Nay
None
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
April 23, 2002
Item Ll.b.
- 32 -
ORDINANCES/RESOL UTIONS
ITEM # 49565
Upon motton by Councdman ,Jones, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordtnances to AMEND the Ctty Code
6-16 1, 6-109, 6-110 and ADD ~ 6-121 2 re personal water craft
Vottng 10-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr.
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, .Ir, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
Vtce Mayor Wdham D Sessoms, Jr
Aprd 23, 2002
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AN ORDINANCE AMEND THE CITY CODE PERTAINING TO
PERSONAL WATERCRAFT
SECTIONS AMENDED' ~ 6-16.1, 6-109, AND 6-110
SECTION ADDED' § 6-121.2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 6-121.2 is added, and Sections 6-16.1, 6-109, AND
6-110 of the City Code are hereby amended and reordained, to read
as follows:
Sec. 6-16.1. Recreational area for swimmzng and other water
activities.
(a) The City of Virginia Beach hereby finds and declares
that, due to the large number of adults and children who engage in
swimming, wading, crabbing, fishing and other water activities in
the waters adjacent to the sand beaches of the Chesapeake Bay and
the Atlantic Ocean, the operation of motorboats in such waters when
close to shore presents a substantial danger to the publzc. By
adoption of this section, it is the intent of the city to promote
the public health, safety, welfare and good order by restrmcting
the operation of motorboats in such waters, and thereby alleviating
this danger.
(b) During the period May 1 through October 15 of each year,
from 10:00 a.m. until sunset, the area adjacent to the beaches of
the Chesapeake Bay, extending one hundred (100) yards seaward from
the shoreline, and extending eastward from the eastern boundary of
the Little Creek Naval Amphibious Base to the western boundary of
Ft. Story, along with the area adjacent to the beaches of the
Atlantic Ocean, extending one hundred (100) yards seaward from the
shoreline, and extending northward from the northern boundary of
the Back Bay National Wildlife Refuge to the southern boundary of
Ft. Story, are is hereby designated as ~ recreational area~ for
swimming, wading, crabbing, fishmng and other water actmvities not
involving the use of motorboats; provided, however, that the area~
so establmshed shall not be deemed to include the navigable waters
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of the Lynnhaven Inlet. Within such designated area~, it shall be
unlawful for any person to operate any motorboat except when
proceeding to or from the beach or an anchorage, at an angle
perpendicular to the shoreline, at the minimum speed required to
maintain steerage and headway, and while maintaining a distance of
no less than one hundred (100) feet from any person or persons in
the water.
(c) Any person engaged in the business of the rental of
motorboats, and any person who provides, for a fee, a ramp or other
launching services for the launching of motorboats into waters
accessible to the area~ designated in subsection (b) of this
section, shall be required to post, in a clear, conspicuous and
sufficient manner, a sign indicating that local law prohibits any
person from operating a motorboat in such designated area~ from May
1 through October 15 of each year, except when proceeding to or
from the beach or an anchorage, at an angle perpendicular to the
shoreline, at the minimum speed required to maintain steerage and
headway, and while maintaining a distance of no less than one
hundred (100) feet from any person or persons in the water.
Sec. 6-109. Muffling devices for motor boats.
(a) The exhaust of every internal combustion engine used on
any motor boat on the waters within the city shall be effectively
muffled by equipment so constructed and used as to muffle the noise
of the exhaust in a reasonable manner. The mufflinq device shall
exhaust at or below the water line or it shall be equipped with
mechanical baffles. The use of cutouts is prohibited, except as
approved by the Department of Game and Inland Fisheries or the U.S.
Coast Guard. for motor boats competing in a regatta or boat race
approved ao provmded mn sectmon ~-~07 and for such motor boato
' ' --- _1 .... 2 _ __
whmle on trmal ru~ls, ~u~ng a period not to =~ceed forty-emght (40)
hours ir~ediately preceding such regatta or race and for such
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motorboats whmle competmng mn offmcmal trmals for ~p==u z=~u=uo
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uu~ a perzod not to exceed fort--3-=~9~,~-'-~ = (48)~uu=s is~,edzatel3
following such regatta or race.
(b) Any person convicted of violating this section shall be
punished by a fine ef not more than two hundred f~fty dollars
($250.O0).
Sec. 6-110. Noise created by persons aboard boat or other water
craft; boat operator responsible for noise created
by operation of boat.
(a) It shall be unlawful and a Class 4 misdemeanor for any
person, while aboard any motor boat, vessel, barge or any other
water craft, whether under way, drifting, berthed or at anchor, to
make or create any loud, disturbing or unreasonable noise of such
character, intensity or duration as to be detrimental to the health
or life of any person or to unreasonably disturb or annoy the
quiet, comfort or repose of any person.
(b) It shall be unlawful and a Class 4 misdemeanor for any
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person to operate any motor boat, vessel, barge or any other water
craft, whether under way, drifting, berthed or at anchor, mn such
a way as to make or create any loud, disturbing or unreasonable
noise of such character, intensity or duration as to be detrimental
to the health or life of any person or to unreasonably disturb or
annoy the quiet, comfort or repose of any person.
Sec. 6-121.2 Reckless operation of a personal watercraft.
A person shall be guzlty of reckless operatIon of a motorboat
or vessel who operates any personal watercraft recklessly or at a
speed or in such a manner so as to endanqer the life, limb or
property of any person, which shall include, but not be limited to:
1. Weavinq through vessels which are underway, stopped, moored
or at anchor wh~le exceeding a reasonable speed under the
circumstances and traffic conditions ex~stinq at the t~me;
2. Followinq another vessel or person on water skis or other
similar device, crossing the path of another vessel, or jumping
the wake of another vessel more closely than is reasonable and
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prudent, having due regard to the speed of both vessels and the
traffic on and the condition of the waters at the time;
3. Crossing between the towing vessel and a person on water
skis or other device; or
4. Steering toward an object or person and turning sharply in
close proximity to such object or person in order to spray or
attempt to spray the object or person with the wash or jet spray
of the personal watercraft.
A person who violates this section shall be guilty of a Class
1 misdemeanor, and for a second or subsequent offense, the court
shall order the person not to operate a personal watercraft which
is underway upon the waters of the Commonwealth for a period of
twelve months.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on this 23rd day of April, 2002.
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CA-8437
DATA/ODIN/PROPOSED/06-16etalord.wpd
RI
March 15, 2002
Item L 2.
- 33 -
ORDINANCES/RES OL UTIONS
ITEM # 49566
Upon motton by Councdman Jones, seconded by Councdman Branch, City Counctl ADOPTED:
Ordtnance to AMEND the Ctty's open air cafd regulattons tncreasmg
franchise fees based on card category, and, to clartfy and define physical
and operattonal crtterta for the cafes
Voting 10-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, V/tlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Aprt123, 2002
AN ORDINANCE TO AMEND THE CITY'S
OPEN AIR CAF~ REGULATIONS TO
INCREASE THE FRANCHISE FEES BASED ON
CAF~ CATEGORY AND TO CLARIFY AND
FURTHER DEFINE PHYSICAL AND
OPERATIONAL CRITERIA FOR THE CAFES
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WHEREAS, by resolution adopted November 15, 1985, City
Council authorized the City Manager to promulgate Open Air Caf~
Regulations which had been drafted, reviewed, and approved by the
Resort Advisory Commission (RAC);
WHEREAS, the Regulations have been amended, from time to
time, upon recommendation of the RAC, to address concerns and
issues that have arisen during the development of the open air caf~
program;
WHEREAS, the franchise fees set forth in the Regulations
have not been revised since the program was established in 1985,
but the resort area property values have increased over the past
sixteen years; and
WHEREAS, City staff along with the Resort Area Advisory
Commission have recommended clarification and further definition of
some of the physical and operational criteria for open air cafes;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the City Manager is hereby authorized to amend
the Open Air Caf~ Regulations to increase the current franchise fee
of $3.25 per square foot as follows:
a. Boardwalk Caf~ square foot fees shall increase
to $4.00 in 2002, $5.00 in 2003, $6.00 in
2004, and $7.00 in 2005;
b. Connector Park Caf~ square foot fees shall
increase to $4.00 in 2002, $4.75 in 2003,
$5.50 in 2004; and $6.00 in 2005;
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c. Atlantic Avenue Sidewalk Caf~ square foot fees
shall increase to $4.00 in 2002, $4.50 in
2003, and $5.00 in 2004;
d. Atlantic Avenue Sidestreet Caf~ square foot
fees shall increase to $4.00 in 2002; and
e. The square foot franchise fees for all open
air cafes shall increase at an annual rate of
three percent (3%) beginning in 2006.
2. That the City Manager is hereby authorized to amend
the Open Air Caf~ Regulations to clarify and further define the
physical and operational criteria for open air cafes, including'
a. Fast food establishments shall not be eligible
for an open air caf~ franchise;
b. No cafes shall be allowed west of Pacific
Avenue;
c. Perimeter fences must be of a durable quality,
and canopies must be of a soft top, temporary
nature;
d. If an applicant is required to demolish or
remove a caf~ or any portion thereof, the
applzcant must submit approval plans to the
Department of Planning for review;
e. With respect to Boardwalk Cafes, a minimum
setback of ten (10) feet from the western edge
of the bicycle path shall be required;
f. Holiday lights and ceiling fans shall be
permitted; and
g. Canopies shall be prohibited on Atlantic
Avenue Sidewalk Cafes.
3. That the City Manager is hereby authorized to amend
the Open Air Caf~ Regulations to establish an administrative fee of
one-hundred dollars ($100.00) for the processing of franchise
applications.
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4. That this amendment to the Open Air Caf~ Regulations
shall become effective May 1, 2002.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of April , 2002.
CA-8204
ORDIN~NONCODE~openairregs .wpd
R-1
April 12, 2002
7776 APP~ONTENT-
78 ~s
79 itor
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APPROVED AS TO LEGAL
SUFFICIENCY-
C~ty Attorney
REVISED RESORT OPEN AIR CAFI~ REGULATIONS
SECTION 1. GENERAL PURPOSE
Rev 3/8/02
1.1
The Resort Open Air Caf6 regulations are for the RT-1, RT-2, and RT-3 zoning
districts located in the resort area specifically identified as adjacent to the Boardwalk,
Connector Parks, Atlantic Avenue, or Atlantic Avenue side streets. The regulations
are designed to encourage cafes where they are appropriate, and promote an
ambiance conducive to public health, safety, general welfare, and would serve as a
public amenity. These general goals include, among others, the following specific
purposes:
1.1.A
To promote cafes as visual amenities which improve the appearance and
pedestrian ambience of the Boardwalk, Connector Parks, Atlantic Avenue
sidewalks, and Atlantic Avenue side streets.
1.1.B To preserve and enhance the character of the resort area.
1.1.C To ensure that adequate clearance is maintained for pedestrians and bicyclists
adjacent to cafes.
1.1.D To establish administrative and enforcement procedures for Open Air Cafes
that are effective, efficient, and enforceable.
1.1.E
To promote the construction of lightweight removable structures and the most
desirable use of public property. Materials permitted for use in caf6
construction are indicated in Section 5, "Caf6 Requirements". The structure
must be dismantled easily and not permanently attached to adjacent building.
SECTION 2. DEFINITIONS
2.1
Resort Open Air Caf6 is an outdoor restaurant directly adjoining an existing
restaurant facility in the RT-1, RT-2 or RT-3 Zomng District which is exempt from
additional off-street parking requirements. Cafes are franchised to operate on public
property and are required to provide walter and wmtress full table service in a
specific semi-enclosed space as described here~n. No portion of an Open Air Caf6
shall be used for any purpose other than dining or related c~rculat~on. Cafes must
have d~rect access to the host restaurant. All cafes and the required adj acent/operating
business will meet all ADA Standard disability access reqmrements 0nclud~ng rest
room facilities). There are four types of cafes
Category A - Boardwalk Caf6 A resort open air/boardwalk caf6 is located on
public property facing the boardwalk in the RT-1 zoning district.
Category B - Connector Park Caf6. A resort connector park caf6 is to be located
on public property in a Connector Park in the RT-1 zoning districts. The Caf6 ~s not
to extend East of the building's property line.
Category C - Atlantic Avenue Sidewalk Caf6. An Atlantic Avenue sidewalk caf6
is to be located on the public sidewalk along Atlantic Avenue directly adjoining an
existing restaurant facility in the RT-2 Zoning Districts. Cafes are not permitted
between 15th and 24th Streets on Atlantic Avenue.
Category D - Atlantic Avenue Side Street Caf6. A resort side street caf6 is to be
directly adjoining an existing restaurant facihty in the RT-2 or RT-3 zoning district;
is to be located on public property; and is to be located on side streets only between
Atlantic and Pacific Avenues. No cafes are authorized west of Pacific Avenue.
SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFl~ PROGRAM
3.1
Fast Food Establishments. An establishment franchised or otherwise that offers
quick food service of items already prepared and held for service, or prepared, fried,
griddled quickly or heated in a device such as a mmrowave oven Orders arc not
generally taken at the customer's table and food is generally served from a counter
in disposable wrapping or containers, exclusive of full wa~ter/wmtress table service.
Fast Food establishments will not be considered for outdoor cafes.
SECTION 4. ENTERTAINMENT/AMPLIFIED MUSIC
4.1
Live or recorded entertainment is allowed under the following conditions ~n all
outdoor cafes:
4.1.A During the hours 12:00 p.m. to 10:00 p.m.
4.1.B Solo or duo live entertainment only. Connecting caf6 do not constitute more
than one entertainment venue.
4.1.C All patrons of cafes shall be seated when being served in the caf6 area.
4.1.D
The caf6 franchise agreement administrator/city officials shall have the sole
discretion in determining if the music sound level emanating from the caf6
is considered loud or disturbing. Amplification of music shall be d~rected
within caf6 area.
4.1.E
Caf6 operators shall receive one written warning that the music is not
complying to the caf6 regulations. Upon notice of a second violation, the
caf6 will forfeit their entertainment within the caf6. Continued violations or
disregard will be grounds to terminate the caf6 franchise agreement.
SECTION 5. CAFl~ REQUIREMENTS
5.1
Category A - Boardwalk Caf6. A resort open air/boardwalk caf6 is located on
public property facing the boardwalk in the RT-1 zoning district.
5.1.A
Setbacks: Category A cafes shall have a minimum setback of ten (10) feet
form the western edge of the bicycle path. Pending review of specific caf6
site plans, additional setbacks and clear path space may be required.
5.1.B
Floor: Floor shall be a smooth clean permanent surface as required by the
City of Virginia Beach Health Department. Footings, pavers and concrete
flooring are permissible.
5.1.C
Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches
in height and maximum 42" height. It shall be constructed of finished
painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.1.D
Canopy: Boardwalk Cafes shall have a sof~ top, temporary canopy
constructed as specified herein. The canopy shall only cover the top of the
Boardwalk Cafes, except that transparent vinyl or plastic curtains may be
used on the sides as windbreaker. At no point shall the height of the canopy
be lower than eight (8) feet above the floor of the Boardwalk Caf6. The
valence of the awning shall not exceed twelve (12) inches in width.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.1.E
Fixtures: The furnishings of the interior of a resort open air caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary or the canopy.
Planter boxes on caf6 railing are allowed. All movable objects required for
operation of a resort caf6 shall be removed from the caf6 area and stored out
of view during adverse weather conditions acclaimed by the City during, the
off-season, or when the caf6 is not in operation for more than a five (5) day
period. These objects include tables, chairs, furnishings, and decorative
fixtures.
5.1.F
Planting: Planting shall be promded and properly maintained by the
owner/applicant around the perimeter of the Boardwalk Caf& Width of
planting beds to be a mimmum of five (5) feet. The City Landscape Services
Department shall review and approve the applicants landscape plan prior to
operating the caf6.
5.1.G
Access: Only one well-defined entrance opening connected to an existing or
new walkway system which connects to the boardwalk should be permitted.
Access will meet all ADA Standard Disability Access requirements.
5.1.H Size: The overall size of the Boardwalk Caf6 is not to exceed 800 square feet.
5.1.1
Maintenance: Cleanup and necessary maintenance of the area of a Resort
Open Air/Boardwalk Caf6 including landscape areas and City property
adjacent to caf6 is the sole responsibility of the designated franchmee.
5.1.J Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling
fans are permitted on the interior of the Boardwalk Caf6.
5.1.K Storage: Storage of any kind is not permitted on public property; including
trash or refuse.
5.1.L
Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square feet.
The name of the establishment may be painted or sewn ~n a single location
on the valence of the canopy with a maximum of eight (8)-inch lettenng.
5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be
integrated with the caf6 improvements. The bicycle parking area will be
approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or
similar paved area with a single load bicycle rack. This area will not be
included in franchise caf6 area allowance, however, it should be made
available for general public use.
5.2
Category B - Connector Park Caf6. A resort connector park caf6 is to be located
on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not
to extend East of the bmlding's property hne.
5.2.A
Setbacks: Category B Cafes shall be a required to have minimum setback of
ten (10) feet from the Atlantic Avenue curbline. The Caf6 is not to extend
East of the building's property line. Pending review of specific caf6 site plans,
additional setbacks and clear path space may be required.
5.2.B
Floor: The existing paved park surface may be used. In addition to floor
requirements, the floor shall be a smooth clean permanent surface as reqmred
by the City of Virginia Beach Health Department. Footings, pavers and
concrete flooring are permissible.
5.2.C
Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches
in height and maximum 42" height. It shall be constructed of finished
painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.2.D
Canopy: Canopies are permitted but not required. If specified, canopies for
Category B Cafes (Connector Park Cafes) should have a soft top, temporary
canopy constructed as specified herein. The canopy shall only cover the top
of Category B Cafes (Connector Park Cafes), except that transparent vinyl or
plastic curtains may be used on the sides as windbreaker. At no point shall
the height of the canopy be lower than eight (8) feet above the floor of the
Category B Caf6 (Connector Park Cafes). The valence of the awning shall
not exceed twelve (12) inches in width. Umbrellas are permitted.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.2.E
Fixtures: The furnishings of the interior ora resort open air caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary or the canopy.
Planter boxes on caf6 railing are allowed. All movable objects required for
operation of a resort caf6 shall be removed from the caf6 area and stored out
of view during adverse weather conditions acclaimed bythe City during, the
off-season, or when the caf6 is not ~n operation for more than a five (5) day
period. These objects include tables, chairs, furnishings, and decorative
fixtures.
5.2.F Planting: Additional planting may be required by City Staff for Category B
Cafes (Connector Park Cafes). The C~ty Landscape Services Department shall
review and approve the applicants landscape plan.
5.2.G
Access: One well-defined opening is reqmred. Orientation of that opening
will be reviewed by the City staff according to pedestrian safety and the
aesthetic requirements of each location. Access will meet all ADA Standard
Disability Access requirements.
5.2.H Size: The overall size of a Category B Caf6 (Connector Park Caf6) is not to
exceed 800 square feet.
5.2.1
Maintenance: Cleanup and necessary mmntenance of the area of a Category
B (Connector Park Caf6) including landscape areas and City property
adjacent to caf6 is the sole responsibility of the designated franchisee.
5.2.J
Lighting: Only incandescent lighting, candles, Christmas lights, and ceiling
fans are permitted on the interior of the Category B Caf6 (Connector Park
Caf6).
5.2.K Storage: Storage of any kind is not permitted on pubhc property; including
trash or refuse.
5.2.L
Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square feet.
The name of the establishment may be painted or sewn in a single location
on the valence of the canopy with a maximum of eight (8)-inch lettering. If
umbrellas are used the name of the caf6 may appear on the valence of each
umbrella.
5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed ~n the
Connector Parks. Category B Cafes (Connector Park Cafes) must use
existing parking racks.
5.3
Category C - Atlantic Avenue Sidewalk Caf6. An Atlantic Avenue sidewalk caf6
is to be located on the public sidewalk along Atlantic Avenue directly adjoining an
existing restaurant facility in the RT-2 Zoning Districts. Cafes are not permitted
between 15th and 24th Streets on Atlantic Avenue. Canopies are not allowed for
Category C cafes. However, awnings are permitted as defined in Section 5.3.D,
Awnings. Category C Cafes are to be temporary in nature and designed so that all
chairs, tables, planters, fences, etc. can be removed during periods of non-use.
5.3.A Setback: Category C Cafes are reqmred to be setback a m~mmum of eight (8)
feet from the curbline and all obstructions in the pubhc right-of-way.
Pending review of specific caf6 site plans, additional setbacks and clear path
space may be required. The minimum distance shall be measured from the
portion of the caf6 frontage which is nearest the obstruction. For the purpose
of these guidelines obstructions shall be defined as vertical public
infrastructure improvements such as traffic signal poles, sign poles, light
poles, planting areas, trees, trash receptacles, benches, bike racks, parking
meters, etc.
5.3.B
Floor: Only the existing paving or sidewalk is to be used for placement of
removable caf6 furnishings. Should the building be setback from the curb
line, the development of new surfaces for seating may be permitted.
5.3.C
Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches
in height and maximum 42" height. It shall be constructed of finished
painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal rafting system.
5.3.D
Awnings: Canopies are not allowed for Category C Cafes(Atlantic Avenue
Sidewalk Cafes), but awnings as allowed through the Resort Area Facade
Program are permitted; awnings extending beyond the dimension permitted
in the Resort Area Facade Program (3') may be permitted based on review by
City staff and the Resort Advisory Commission (RAC). Umbrellas are
permitted. If umbrellas are used the name of the caf6 may appear on the
valence of each umbrella.
5.3.E
Fixtures: The furnishings of the interior of a resort open air caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary or the canopy.
Planter boxes on caf6 raihng are allowed. All movable objects required for
operation of a resort caf6 shall be removed from the caf6 area and stored out
of view during adverse weather conditions acclaimed by the City during, the
off-season, or when the caf6 is not ~n operation for more than a five (5) day
period. These objects include tables, chmrs, furnishings, and decorative
fixtures.
5.3.F
Planting: Perimeter planting ~n planters or planter boxes will be reqmred;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or within the caf&
5.3.G
Access: Only one well-defined entrance opemng is permitted to the caf6 area;
the caf6 area must be connected to the corresponding business entrance.
Orientation of that opening will be reviewed by the City staff according to
pedestrian safety and the aesthetic requirements of each location. Access will
meet all ADA Standard Disability Access requirements.
5.3.H
Size: Category C Cafes may not cover more than the front face of the
operating business building. In addition, the scale, proportion, and overall
design of the caf6 shall be reviewed by City staff to ensure the caf6 is
compatible with the adjacent building, the street block face, and the overall
goals of the Resort ga'ea Facade Program and the Resort Streetscape
Improvements.
5.3.1 Maintenance/Operation: The Category C Caf6 operator will be responsible
to maintain an attractive and clean caf6 area at all times.
5.3.J
Lighting: Only incandescent lighting, candles, and Christmas lights are
permitted on the interior of the Category C Caf6 (Atlantic Avenue Sidewalk
Caf6).
5.3.K Storage: Storage of any kind is not permitted on public property; including
trash or refuse.
5.3.L
Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes The menu board shall not be larger than five (5) square feet.
If umbrellas are used the name of the caf6 may appear on the valence of each
umbrella.
5.3.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed
on City Property. Category C Cafes (Atlantic Avenue Sidewalk Cafes) must
use ex~sting bike racks.
5.4
Category D - Atlantic Avenue Side Street Caf6. A Category D Caf6 (Atlantic
Avenue Side Street Caf6) is to be directly adjoining an existing restaurant facility in
the RT-2 or RT-3 zoning district; is to be located on public property; and is to be
located on side streets only between Atlantm and Pacific Avenues. No cafes are
authorized west of Pacific Avenue. Category D Cafes are to be temporary in nature
and designed so that all chairs, tables, planters, fences, etc. can be removed dunng
periods of non-use. Canopies are allowed for Category D cafes but not required.
5.4.A
Setback: Category D Cafes (Atlantic Avenue Side Street Cafes) are
recommended to be setback eight (8) feet, but a minimum distance of (6) feet
clear sidewalk width, free from obstruction, is required for all Category D
Cafes.
Pending review of specific caf6 site plans, additional setbacks and clear path
space may be required. The m~nimum distance shall be measured from the
portion of the caf6 frontage which is nearest the obstruction. For the purpose
of these guidelines obstructions shall be defined as vertical public
infrastructure improvements such as traffic signal poles, sign poles, light
poles, planting areas, trees, trash receptacles, benches, bike racks, parking
meters, etc.
5.4.B
Floor: Only the existing paving or sidewalk is to be used for placement of
removable caf6 furnishings. Should the building be setback fi.om the curb
line, the development of new surfaces for seating may be permitted.
5.4.C
Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches
in height and maximum 42" height. It shall be constructed of finished
painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.4.D
Canopy: Canopies are permitted but not required. If specified, a Category D
Cafe (Atlantic Avenue Side Street Cafe) shall have a soft top, temporary
canopy constructed as specified herein. The canopy shall only cover the top
of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that
transparent vinyl or plastic curtmns may be used on the sides as windbreaker.
At no point shall the height of the canopy be lower than eight (8) feet above
the floor of the Category D Caf6 (Atlantic Avenue Side Street Cafes). The
valence of the awning shall not exceed twelve (12) inches in width.
Umbrellas are permitted. If umbrellas are used the name of the caf6 may
appear on the valence of each umbrella.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
City.
5.4.E
Fixtures: The furnishings of the interior of a resort open mr caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary or the canopy.
Planter boxes on caf6 railing are allowed. All movable objects required for
operation of a resort caf6 shall be removed from the caf6 area and stored out
of view dunng adverse weather conditions acclaimed by the City during, the
off-season, or when the caf6 is not ~n operation for more than a five (5) day
period. These objects include tables, chairs, furnishings, and decorative
fixtures.
5.4.F
Planting: Perimeter planting in planters or planter boxes will be required;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or w~thin the caf6.
5.4.G Access: Only one well-defined entrance opening is permitted to the caf6 area;
the caf6 area must be connected to the corresponding business entrance.
Orientation of that opening will be reviewed by the City staff according to
pedestrian safety and the aesthetic requirements of each location. Access will
meet all ADA Standard Disability Access requirements.
5.4.H Size: A Category D Caf6 (Atlantic Avenue Side Street Caf6) may not cover
more than the front face of the operating business building. In addition, the
scale, proportion, and overall design of the caf6 shall be reviewed by City
staff to ensure the caf6 is compatible with the adjacent building, the street
block face, and the overall goals of the Resort Area Facade Program and the
Resort Streetscape Improvements.
5.4.I Maintenance: The Category D Caf6 operator will be responsible to maintain
an attractive and clean caf6 area at all times.
5.4.J
Lighting: Only incandescent lighting, candles, Christmas lights and ceiling
fans are permitted on the interior of the Category D Caf6 (Atlantic Avenue
Side Street Caf6).
5.4.K Storage: Storage of any k~nd is not permitted on public property; including
trash or refuse.
5.4.L
Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square feet.
The name of the establishment may be painted or sewn in a single location
on the valence of the canopy with a maximum of eight (8)-inch lettering. If
umbrellas are used the name of the caf6 may appear on the valence of each
umbrella.
5.4.M Bicycle Parking Area: B~cycle parking areas are not allowed to be installed
on City Property, Category D Cafes (Atlantic Avenue S~dewalk Cafes) must
use existing bike racks.
10
SECTION 6. ADMINISTRATION AND ENFORCEMENT
6.1 Requirements for Application
In order to create a Resort Open Air Caf6, the granting of a franchise agreement will
be required. Applications (per Section 6.2) will be made to the Office of the City
Manager or his designated representative, the Department of Convention and Visitor
Development/Resort Management Office and the Design & Planning Committee of
the Resort Advisory Commission, and shall ensure continued compliance with
applicable policies and guidelines in addition to those specifically stated herein.
These requests will be reviewed by the Office of the City Manager or his designated
representative, the Department of Convention and Visitor Development (Resort
Management Office), with recommendation for approval/disapproval from the Resort
Advisory Commission, and will be reviewed and acted upon by the City Council of
the City of Virginia Beach.
The regulations herein are intended to establish the necessary criteria with which the
Resort Open Air Cafes shall first comply in order to be eligible for consideration for
such a franchise agreement.
Request for a variance to any of the following regulations may be reviewed by staff
and the Resort Advisory Commission. Such consideration shall apply only to
conditions relevant to the site and placement of the cafe, NOT construction material.
Approval of the City of Virginia Beach Health Department and (when applicable) the
State of Virginia Alcoholic Beverage Control Board is required for operation of
Resort Open Air Cafes.
A fee of one-hundred dollars ($100.00) shall be paid to the City for the processing
of an application for a franchise. The City Manager or his designated representative
shall not accept any application unless such fee be paid at the time application is
filed. Applications for caf6 franchises to be received no later than March 1,
proceeding summer season of anticipated construction and operation. No application
shall be processed for the year in question that fails to meet the apphcation deadhne.
The City Manager or his designated representative, ~s hereby authorized and directed
to prepare and adopt a procedure for the processing of such apphcations and the
reporting to City Council of any detrimental effect which requested franchise may
have on the public health, safety, welfare, and interest.
City Council may deny or grant a franchise subject to such terms and conditions as
City Council may, in its discretion deem proper Notwithstanding any other
provision of law, City Council shall deny any franchise request ~t determines, in its
11
discretion, to be detrimental to the public health, safety, and welfare or interest.
6.2 Documents and Review Required for Application
Three (3) copies of a preliminary site development plan, including a current physical
survey, no older than 90 days, from building to the curb line, finish schedule, a
landscape plan, and elevation drawings showing canopies and their relationship to
the support buildings.
Engineering/Site Plan review will be necessary for cafes requiring construction of a
concrete slab and/or temporary improvements in the public right-of-way. Fifteen
(15) copies of the final site plan will be required and should be submitted to the
Development Services Center, Room 180, at the Municipal Center Operations
Building (Building//2).
Photographs of the proposed caf6 site and building facade.
RAC - Design Committee review and recommendation for approval/denial.
Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and shall
show by name and dimension all existing property lines, easements, buildings, and
other structures, vehicular use areas (including parking stalls, driveways, service
areas, etc.), proposed and existing walkway systems, and proposed Open Air Caf6.
Physical survey by land surveyor showing clear path and all obstructions.
Elevations: Elevation drawings shall be prepared using a minimum scale of 1" -
10'0" and shall show all existing and proposed structures directly adjoining the
proposed caf6 structures. Two elevations are required: one front elevation and one
side elevation and/or section drawing.
Finish Schedule: Finish schedule shall include all finish materials proposed for the
Open Air Caf6 construction including a landscape plan.
Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be
accepted.
6.3 Insurance and Fees
Applicant will provide liability insurance coverage not less than one million dollars
($1,000,000) for personal injury and property damage as reqmred.
The franchise fee is to be determined on a gross square foot basis/per year, payable
to the City of Virginia Beach no later than May of the year in affect. The fees are as
follows:
12
Category A:
Category B:
Category C:
Category D:
Boardwalk Caf6
Connector Park Caf6
Atlantic Avenue S~dewalk Caf6
Atlantic Avenue Sidestreet Caf6
2001 2002 2003 2004 2005
Category A 3 25 4 00 5 00 6 00 7 00 3% **
Category B 3 25 4 00 4 75 5 50 6 00 3% **
Category C 3 25 4 00 4 50 5 00 5 00 3% **
Category D 3 25 4 00 4 00 4 00 4 00 3% **
Prior to commencement of operations the Grantee must execute a bond or letter of
credit in favor of the City of Virginia Beach in the amount of ten thousand dollars
($10,000) as determined by the Public Works Department and the Resort
Management Office.
6.4 Enforcement
The franchise period shall be for one (1) year for the first year of operation. Based
upon compliance with these regulations and the Council's desire to continue to allow
Open Air Cafes, an extension of the franchise may be authorized by the City Council
for up to an additional five (5) year period.
During the period in whmh the franchise is in effect, the Office of the City Manager
or his designated representative is to enforce the provisions of the franchise
agreement, and is authorized to suspend the agreement ~f there is a violation of the
agreement.
In the event the C~ty determines that the Grantee has failed to properly comply with
any of the terms or conditions of this Agreement, Grantee shall be given a minimum
of twenty-four (24) hours and a maximum of ten (10) calendar days to remedy its
non-conformance. The amount of t~me that Grantee shall be permitted to gain
compliance shall be determined in the sole discretion of the City, by its authorized
officer, agent, or employee. However, such time shall be reasonable and shall be
based upon the level of severity of the noncompliance. If Grantee fails to effect
compliance within the time allowed, the City shall have the right to suspend
Grantee's operation, in whole or in part, until such time as Grantee shall
remedy its non-compliance.
No portion of the open air/boardwalk cafes shall open or project beyond the
designated perimeters of the caf6 area.
13
SECTION 7. DEMOLITION
If applicant is required to demolish or remove caf6 or any portion thereof, the applicant must
submit approval plans to the Department of Planning for review.
14
REDLINE COMPARISON OF OPEN AIR CAFI~ REGULATIONS
SECTION 1. GENERAL PURPOSE
1.1
The Resort Open Air Caf6 regulations are for the RT-1, RT-2, and RT-3 zoning
districts located in the resort area specifically identified and as adjacent to the
bBoardwalk, eConnector pParks, Atlantic Avenue or Atlantic Avenue side streets.
The regulations are designed to encourage cafes where they are appropriate, and
promote anti-protect an ambiance conductive to public health, safety, general welfare,
and would serve as a public amenity. These general goals include, among others, the
following specific purposes:
m 1.1.A
To promote cafes as visual amenities which improve the appearance and
pedestrian ambience of the bBoardwalk, eC__onnector pP_arks, and Atlantic
Avenue side streets.
br. 1.1.B To preserve and enhance the character of the resort center area.
er. 1.1.C To ensure adequate space clearance is maintained for pedestrians and
bicyclists adjacent to cafes.
dr. 1.1.D To establish administrative and enforcement procedures for Open Air Cafes
that are effective, efficient, and enforceable.
1.1.E To promote the construction of lightweight removable structures and the most
desirable use of land ---' "- ..... -' '---'~ ~:-
,~,u ,,,,,~ conserve thc value -"'--- ~ --
property. Materials permitted for use in caf6 construction are indicated in
Section 5, "Caf~ Requirements". The structure must be dismantled easily and
not permanently attached to adlacent building.
SECTION 2. DEFINITIONS
2.1
pr-Resort Open Air Caf6 lS an outdoor restaurant directly adjoining an existing
restaurant facility in the RT-1, RT-2 or RT-3 Zoning District which is exempt from
additional off-street parking requirements. Cafes are franchised to operate ~
toeated on public property;, and are required to provides waiter and waitress full table
service in a specific semi-enclosed space as described herein. No portion of an Open
Air Caf6 shall be used for any purpose other than dining or circulation. Cafes must
have direct access to the host restaurant. All cafes and the required
adjacent/operating business will meet all ADA Standard disability access
requirements (including rest room facilities). There are four t~es of cafes.
· yp~, of Reso~ .... Air Cafes:
Category A- Resort, ,~,peii Air/Boardwalk Caf6. A resort open air/boardwalk caf6
is located on public property facing the boardwalk in the RT-1 zoning district. Pr
oar wa ,.,,.5 is required to iave .. canopy .,,
sth-facc---'" ....... defined
w.. 11,~.5 tO bo .........
%.,UIIDLI L{.t,.,tSU. d.D 1151 5111.
Category_ B - Re$oi1 Open Air Connector Park Cafr. A resort Connector Park caf6
is to be located on public property in a Connector Park in the RT-1 zoning districts.
The Caf6 is not to extend East of the building's property_ line. Canopies are not
..... _'__ _1 ___ _1 ~.1__ 1'1 ....... 1"___ _'_ ~_ !__ ~.t. ....1 .....-'___
Category C - Atlantic Avenue Sidewalk Caf& An Atlantic Avenue Sidewalk caf6
is to be located on the public sidewalk along Atlantic Avenue directly adjoining an
existing restaurant facility in the RT-I or RT-2 Zoning Districts;. Cafes are not
permitted except between 15th and 24th Streets where o__~n Atlantic Avenue Cafes
........ L_~L-~I_ J
Category_ D - Reao~ Open Air Atlantic Avenue Side Street Cafr. A Resort Side
Street Caf6 is to be directly adjoining an existing restaurant facility in the RT-2 or
RT-3 zoning district; is to be located on public property; and is to be located on side
streets only between Atlantic and Pacific Avenues. No cafes are authorized west of
Pacific Avenue.
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dcsi~iated representative,
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· ,
Air~-~-- _1__11 ~ ......... 1 ........ 1- '
~,,~,o,~ for a fimnchise ..........
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~5,i,5~L for a variance or exein ion to ashy of "-- "-" .... -'-- -'--" '- ........... J ---J
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SECTION 3. RESTAURANTS NOT CONSIDERED FOR THE CAFi~ PROGRAM
3.1 Fast Food Establishments. An establishment franchised or otherwise that offers
quick food service of items already prepared and held for serv, ce, or prepared, fr, ed,
griddled quickly or heated in a device such as a microwave oven. Orders are not
generally taken at the customer's table and food is generally served from a counter
in disposable wrapping or containers, exclusive of full waiter/waitress table service.
Fast Food establishments will not be considered for outdoor cafes.
SECTION 4. ENTERTAINMENT / AMPLIFIED MUSIC
Live or recorded entertainment is allowed under the following conditions in all
outdoor cafes:
~' .... During the hours 12:00 p.m. to 10:00 p.m.
-1-: 4.1.A .... '--- '
1~111,K;l LallllllSllL
4.1.B Solo or duo entertainment only. Connecting caf6 do not constitute more than
one entertainment venue.
4.1.C All patrons of cafes shall be seated a___, .......... - ........-1
uu,.,,~ ~,.L~.L~,.,,~.~,.~ o~u when being
served in the caf6 area.
4-:. 4.1.D
The caf6 franchise agreement administrator/city officials shall have the sole
discretion in determining if the music sound level emanating from the caf6
is considered disturbing. Amplification of music shall be directed within caf6
area.
& 4.I.E
Caf~ operators shall receive one written warning that the music is not
complying to the caf~ regulations. Upon not, ce of a second violation, the
caf~ will forfeit their entertainment within the caf6 for 6 months. Continued
violations or disregard will be grounds to terminate the caf6 franchise
agreement.
SECTION 5. CAFl~ REQUIREMENTS
5.1
Catel~orv_ _ A- "',~o, .... [ ~,p~-~--- Air/Boardwalk and Connector Park cafes ~,,,~,,
('") feet '-':---' .......... '---'--'-'- " ..... ~" "--" "---
recommended setback often ~,, t'.J
[llliillilltllll O~tU~l~ 13 tU beIULli l~.,~t] ti
.t ..........edge -~"-- ~-' .... '- path ' curb ~'t- ~---~ .... "-
tileVViSBtGIII UI LII~5 IYl~J?~l~ 0r a~l_
tllK> vv~3tUlll Ul tli~ UU~LIUI~aZtlIK~ 11 tile
separate ..~y~.~ l'~"' ~v~ i~ot exist, ~1
L,,~a, a ~lvu [oI ,uut iiiiiiiiiiiini setback
11 UlII
adjacent ....'-" ....] '-- '
l~o-,. ,~-~,,~,~private propeily lines is required for Reso~ '"
I 2_/'l~_ __.J .... 11-
· -,,,, ~,~,,~,,~,~,~,~ ,..,,.~,. A resort open air/boardwalk caf~ is located on public property
facing the boardwalk in the RT-1 zoning district.
_____.,.1 ----~' .............. --~---- _11 T'~ __ ~ ~ ....A 2_ ~ .,L -- T~----I .... I O2-1 .....11-
,L.-- ..... .~--- /'""l,f~\ .~__,t ' .~1 ...... 1--1-'_ ~'--1--~. ----~ ......
5.1.A
Setbacks: Category_ A cafes shall have a minimum setback of ten (10) feet
from the western edge of the bicycle path. Pending review of specific caf6
site plans, additional setbacks and clear path space may be required.
$.I.B
Floor: Floor shall be a smooth clean permanent surface as required by the
City of Virginia Beach Health Department. Footings, pavers and concrete
flooring are permissible.
5.1.C
Perimeter Fence: An~h-acfia~ perimeter fence shall be required in all resort
..... _'_/1_ _ __J ....11_ _
re, t,, ,,., o,,,~,~,~,,,~ ~,,.to ,,,, a minimum of thirty (30) inches in height and
maximum 42" height. It shall be constructed of finished painted wood,
factory-finished metal glass or masonry block, or a manufactured fiberglass
or metal railing system. Entrance tv t.t caf6 is provided by- mn opening in "- -
tilt
L~tIIU IJUIlIIU{{i ~. I~{U {JUl tiUii UI trOUt t UlYtil alt/UUOi UW Ililt k~lttO OII~IIi OWIIt~ Ut
L .........1 a.l__ _1__:____,a.__.1 ____2'____~. .... .L'~,a.t. ..... ~ ...... 2--
5.1.D
Canopy:~,*" "~to,,,[ Open Air/Boardwalk Cafes shall have a soft top,
temporary_ canopy constructed as specified herein. The canopy shall only
cover the top of the Resoi2 Open Air/Boardwalk Cafes, except that
transparent vinyl or plastic curtains as approv-~tu by .Ltllt_ I-___'I-{-'__UtXlit.i,i,~ inspector'
may be used as windbreaker. At no point shall the height of the canopy be
lower than eight (8) feet above the floor of the Resort Open Air/Boardwalk
Caf& The valence of the awning shall not exceed twelve (12) inches in
width.
All ~ canopies shall be constructed of fire resistant vinyl fabric or
canvas as approved by City of Virg,nia Beach Building Depai-hiient Planning
Department/Permits and Inspect, on Division, and shall meet all applicable
Building, Structural, and Fire Codes. Supporting Structure shall be metal
pipe or tube system may to exceed 2" in Diameter. Deviat,ons shall be
individually reviewed by the City.
5.1.E
Fixtures: The furnishings of the interior of a resort open air caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary or the canopy'or
impede traii..~,..,~,,~ as required '--" .... '
........... ,., ~.~,,~ regulations. Planter boxes on caf6
railing are allowed. All movable objects required for operation of a resort
caf6 shall be removed from the caf6 area and stored out of view dunng
adverse weather conditions acclaimed by the City, during the off-season, or
when the caf6 is not in operation for more than a five (5) day period. These
objects include tables, chairs, furnishings, and decorative fixtures.
5.1.F
Planting: Planting shall be provided and maintained by the fram'hisee
owner/operator around the perimeter of the Resort Open Air/Boardwalk Caf&
Width of planting beds to be a minimum of five (5) feet The City Landscape
Services Department shall review and approve the applicants landscape plan
prior to operating the caf&
5.1.G Access: Only one well-defined entrance opening connected to an existing or
new walkway system which connects to the boardwalk should be permitted.
Access will meet all ADA Standard Disability Access requirements.
5.1.H Size: The overall size of the Reso~ Open Air/Boardwalk Caf6 is not to
exceed 800 square feet per restaurant.
5.1.I
Maintenance: Cleanup and necessary maintenance of the area of a Resort
Open Air/Boardwalk Caf6 (including landscape areas) and City property
adjacent to caf6 is the sole responsibility of the designated franchisee
operator.
5.1.J Lighting: Only incandescent lighting and candles are permitted on the
interior of the Resort Open Air/Boardwalk Caf&
__t' ......
5.1.K Refnse Storage: I'4o storage ~,, refuse ,.,~ be placed on p.~,,~ property.
Storage of any kind is not permitted on public property; including trash or
refuse.
5.1.L
Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square feet.
The name of the establishment may appear painted or sewn in a single
location on the valence of the canopy :-
,,, one location with a maximum of
eight (8)qnch lettenng.
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J.2,11L[.,,ltlllllilll;,lll. IIUUIi~ l/...[/t/ lJ.lll. Lt) l%/.IJIJ JJ.lll.
ou,u m uuu ~lXt~,ta,,,,,,~,,t
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The caf6I11~ ..... (lllk, llli~S1--'--sx [ ' -1- have
a--eeiiien' -
~Zmlliilli~ ti atui / t.,x tyofficials--11
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thc, sole -1:..... :--in -1 ...... :------- ---~".1- -- ' ..... a I .... 1
U~3t~iZ~X lilXllXXl[ 11
~_ ....ii_ _ _----~i ' ..... .... -- J J J; --_---1- '-- --
- ...... 1. ,----- __ ._ ,{.1__ _.-~£ ..... 1..
J-1. - - - .t,£ __ _! 11* ,1- _ -- _ *
roi-reit u,~. eiit~i-taii-u~ieiit -- ':'t' ---- .1- _
,~ ,.,,,, .,~ caf~.,,.-- 6 months.
LII~
111
5.1.M Bicycle Parking Area: Bicycle parking areas are recommended to be
integrated with the caf6 improvements. The bicycle parking area will be
approximately eight (8) feet by eleven (11) feet concrete, brick pavers, or
similar paved area with a single load bicycle rack. TNs area will not be
included in franchise caf6 area allowance, however, it should be made
available for general public use.
Z-ill UI tllti> fl. UUYg;; Ili>~LIJIILIUIIi} lllJl./l.~ LU l'tli}~Ul{, ~,,,UIIlIliit.,{,UI llillk ~.vlllf;~i) I~Ai.,I;,IJ{, (li~ IIU{.tiJU UUJU¥¥.
5.2
Category B - Connector Park Caf& A resort connector park caf6 is to be located
on public property in a Connector Park in the RT-1 zoning districts. The Caf6 is not
to extend East of the building's property hne.
5.2.A
Setbacks: Category_ B Cafes shall be required to have minimum setback of
ten (10) feet from the Atlantic Avenue curbline. The Caf6 is not to extend
East of the bu8ildin's property line. Pending review of specific caf6 site
plans, additional setbacks and clear path space may be required.
5.2.B
Floor: The speeifim~ existing paved park surface may be used-~orthe
p,,.,~,,x~x,, of removable -1--:-- ,.,,ax. ~ and ' _1_ 1
-- -
,,~x~. In addition to floor requirements,
the floor shall be a smooth clean permanent surface as required by the City
of Virginia Beach Health Department. Footings. paves and concrete flooring
are permissible.
5.2.C
Perimeter Fence: A penmeter fence perimeter enclosure,-.a,,-1--" be ..... x~,t,,,x~,,:--~
-'__ .L_ .~ ..... _t"----1.~ ......... -' ....1 ........ 21 .... 11----f¢ h b
ltl LIIU IUIIII UI ~it-v'uIJFUtLitt[ iiees, salle a
~./i~Lllt~13, ieLllili[~, aii~l/ul
mimmum of thirty (30) inches in height and maximum 42" height, It shall be
constructed of finished painted wood, factory-finished metal glass or masonry
block, or a manufactured fiberglass or metal railing system.
5.2.D
Canopy: Canopies as defined "--' .... -1 .... 11 ........ -'.._-1 1- _.
~. Canopies are permitted but not required. If specffied, canopies for
Category B Cafes (Connector Park Cafes) should have a soft top, temporary
canopy constructed as specified herein. The canopy shall only cover the top
of Category_ B Cafes (Connector Park Cafes_, except that transparent vinyl
or plastic curtains may be used on the sides as windbreaker. At no point shall
the height of the canopy be lower than eight (8) feet above the floor of the
Category_ B Caf6 (Connector Park Cafes). The valence of the awning shall
not exceed twelve (12) inches in width. Umbrellas are permitted.
.... I___11 ......... _1 z.l~ ........ .g'~.a.1-_ ___,r,,_~ ............... z.1 ..... 1 ..... _t" ___!_
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by Ci_ty of Virginia Beach Planning Department/Permits and
Inspection Division, and shall meet all applicable Building, Structural, and
Fire codes. Supporting Structure shall be metal pipe or tube system may to
exceed 2" in Diameter. Deviations shall be individually reviewed bythe City.
$.2.E Fixtures: The furnishings of the interior of a resort open air caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary_ or the canopy.
Planter boxes on caf~ raihng are allowed. All movable objects required for
operation of a resort caf~ shall be removed from the caf~ area and stored out
of view during adverse weather conditions acclaimed by the C~ty, during the
off-season, or when the caf6 is not in operation for more than a five (5) day
period. These objects include tables, chairs, furnishings, and decorative
fixtures.
5.2.F
Planting: Additional planting may be required by City Staff for Reso~ Open
Air Coih-iector Park Cafes Category_ B Cafes (Connector Park Cafes). The
City Landscaping Services Department shall review and approve the
applicant's landscape plan.
5.2.G
Access: One well defined opening t~, a ~,,~,,,l~ Open Air COrl~iector Park
is required. Orientation of that opening will be ~ reviewed by the
City staff according to pedestrian safety and the aesthetic requirements of
each location. Access will meet all ADA Standard Disability Access
requirements.
5.2.H Size: The overall size of a Category_ B Caf6 {Connector Park Caf6) is not to
exceed 800 square feet.
5.2.1
Maintenance: Cleanup and necessary mmntenance of the area of a ~esrrrt
~ Category_ B £Connector Park Caf6} (including landscape areas) and
City property adjacent to the caf6 is the sole responsibihty of the designated
franchisee ~.
5.2.J
Lighting: Only incandescent lighting and candles, Christmas lights, and
ceiling fans are permitted on the interior of the Category_ B Caf6 (connector
Park Caf6).
5.2.K Storage: Storage of any kind is not permitted on public property; including
trash or refuse.
5.2.L
Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square feet.
The name of the establishment may appear painted or sewn in a single
location on the valence of the canopy-with a maximum of eight (8)-inch
lettering. If umbrellas are used, the name of the caf6 may appear on the
valence of each umbrella.
5.2.M Bicycle Parking Area: Bicycle parking areas are not allowed in the
Connector Parks. Category_ B Cafes (Connector Park Cafes) must use
existing parking racks.
ivl/lill/ililfll~l; IV ltll trig BU~UI t /~tl Cil 1' {It, iltlU · S I/{~! illl] I li~ UtiilUIII~ (t}/}/l~Vlll~ IUI
t"~-'J ..... 11_
OIU~VValI~ ~,~:1.1~ UIXt~IUa~IIIIIUIIt,'~ Will
F d " ........ '-'---' ~-': ....
acs e _r IU[lCld. I1 U U. lU~llll~;~,
5.3
Category C - Atlantic Avenue sidewalk Caf& An Atlantic Avenue sidewalk caf6
is to be located on the public sidewalk along Atlantic Avenue directly adjoining an
existing restaurant facility in the RT-2 Zoning districts. Cafes are not permitted
between 15th and 24th Streets on Atlantic Avenue. Canopies are not allowed for
Category_ C cafes. However, awnings are permitted as defined in Section 5.3.D,
Awnings. Catego _ry C Cafes are to be temporary_ in nature and designed so that all
chairs, tables, planters, fences, etc. can be removed during periods of non-use.
5.3.A
Setback: '" *" .... :- * ........ °:' ..... 11_
~-.,, .-..,...,~ ~v~,,.~ o,.,~,~.,~ Cafes are raco~niended to be
~L _1 .... ~ ....... ~ _~ L~ /0% ~ ~ ~ ~11 --~ -~ .-- 2 ....2~ ~1 .....~1~_ ~ ~L~
~LU~bK ~ IIIIIIIIIIUIII UI UI~IIL ~0] I~UL IIUIIi ~11 UU~LI U~LIUII~ 111 LIIU ~gOllb l I~IIL-
UI-W~. fitl~lltlb ~V~IIU~ OIU~LI~L L~IU~ fll~ I~bUIIIIII~IIU~U tU U~
UI~IIL [0] 155t~ UUt fli5 15qUIISU tU U5 ~StUd~ ~ IIIIilIIIIUIII UI ~IA ~UJ IUUt IIUIII
_11 · wC
a,, obstFdctioiis :- .t .... t,:_ e _,_. _ e ......
,- -,~ r~o,,~ ,,~.-o,-.~s. Cat,go_ Cafes ~e required to
5.3.B
5.3.C
5.3.D
5.3.E
be setback a minimum of eight (8) feet from the curbllne and all obstructions
in the public right-of-way.
Pending review of specific caf6 site plans, additional setbacks and clear path
space may be required. The minimum distance shall be measured from the
portion of the caf6 frontage which is nearest the obstruction. For the purpose
of these guidelines, obstructions shall be defined as vertical public
infrastructure improvements such as traffic signal poles, sign poles, light
poles, planting areas, trees, trash receptacles, benches, bike racks, parking
meters, etc.
Floor: Only the existing paving or sidewalk is to be used for placement of
removable caf6 furnishings. Should the operating building be setback from
the fight-of-way curb line, the development of new surfaces for seating may
be permitted.
Perimeter Fence: A perimeter fence shall be a minimum of a
d l,J-llli,all 111~1.1
l. JSlllll$l~l1~111~,,,~;; ~IIL~Ii./~LIIK> ~llflll I, J5 15gllJ. ll~'gl. 111 tl15 liJllll IJl 3~II--~LI.IJI, JiJILIIIi~
~1 ___.a. .....;1-' ...... _1
l.,zasstw~, za.,.,/~., m~u~u, fCiiCe$, thirty (30) inches in height and maximum
42" height. It shall be constructed of finished painted wood, factory-finished
metal glass or masonry_ block, or a manufactured fiberglass or metal railing
system.
Laam~ Awnings: Canopies are not allowed for Category C Cafes
(Atlantic Avenue Sidewalk Cafes), but Pr_awnings ~ as allowed
through the Resort Area Facade Program are permitted; awnings-~eam:~
extending beyond the d~mension permitted in the Resort Area Facade
Program (3') may be permitted based on review by City staff and the Resort
~. .......... .LI_ _
Advisory_ Commission (RAC).. . L,, ~,.~,l~ L.~ canopy is
_J; .... a 1~___'1_1~' ...... _1 .,.1__ -.,-----~. 1-1---1- _t, ...... _1 ~.1 ...........~'_ ____~C ........ ~-L--,1
., the ---'-'--
~,~,~,.,~ fight-of-way. Umbrellas are permitted. If umbrellas are used,
the name of the caf6 may appear on the valence of each umbrella.
Fixtures: The fumishings of the interior of a resort open air caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary or the canopy.
Planter boxes on caf6 railing are allowed. All movable objects reqmred for
operation of a resort caf6 shall be removed from the caf6 area and stored out
5.3.F
of view during adverse weather conditions acclaimed by the City, during the
off-season, or when the caf6 is not ~n operation for more than a five (5) day
period. These objects include tables, chairs, fumishings, and decorative
fixtures.
Planting: Perimeter planting in planters or planter boxes will be required;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or within the caf6.
5.3.G Access: Only one well defined entrance opening is permitted to the caf6 area;
the caf6 area must be connected to the corresponding business entrance.
Orientation of that opening will be reviewed by the City staff according to
pedestrian safety and the aesthetic requirements of each location. Access will
meet all ADA Standard Disability Access requirements.
5.3.H
Size: The
o,,~t,,:,,~,.~,~,t Catego _ry C Cafes may not cover more than the front
face of the operating business building. In addition, the scale, proportion, and
overall design of the caf6 shall be reviewed by City staffto ensure the caf6 is
compatible with the adjacent building, the street block face, and the overall
goals of the Resort Area Facade Program and the Resort Streetscape
Improvements.
5.3.I Maintenance/Operation: The Sidewalk Caf~ CategoryC Caf6 operator will
be responsible to maintain an attractive and clean caf6 area at all times.
/'"n 1 ...... ' ·
,~,~,,.up &qd neeessa,-y maintenance of
.,~ ~ of ~ Rcso~ Open Air
illtU ~/tlOll~ l~ilt-Ul-
Lilt l./ti illl~ Ltl
5.3.J
Lighting: Only incandescent lighting, candles, and Christmas lights are
permitted on the interior of the Category_ C Caf6 (Atlantic Avenue Sidewalk
Caf6).
5.3.K Storage: Storage of any kind is not permitted on public property; including
trash or refuse.
5.3.L
Menu Boards Signs: One (1) menu board is permitted within the perimeter
of the resort open air cafes, r,,--,-,- - ---, ,-,--,,-
~,~0~,~ ~,,~,~ menu boards or easels placed
v,,,,,,,, ,,,t ~,t,,,,,t,t~ ,,. ,,,~ ~,,.t .,,, ot pt.,,,,,t.. The menu board will-be
no shall not be larger than five (5) square feet. If umbrellas are used, the
name of the caf6 may appear on the valence of each umbrella.
l'tillll3illll~, lilt ltlllllhlllll~ ~91 tilt lllttll~)l ~)l tilt L~tllt ~)IlClll UUII31~L UI
tcinporacy fixtures; no pci-iiiaient : .................... . _- 11 1_.1___
10
5.3.M Bicycle Parking Area. Bicycle parking areas are not allowed to be installed
on City Property. Category_ C Cafes (Atlantic Avenue sidewalk Cafes) must
use existing bike racks.
5.4
Category D - Atlantic Avenue Side Street Caf& A Category_ D Caf6 (Atlantic
Avenue Side Street Caf6) is to be directly adjoining an existing restaurant facility in
the RT-2 or RT-3 zoning district; is to be located on public property_; and is to be
located on side streets only between Atlantic and Pacific Avenues. No cafes are
authorized west of Pacific Avenue. Category_ D Cafes are to be temporary_ in nature
and designed so that all chairs, tables, planters, fences, etc. can be removed during
periods of non-use. Canopies are allowed for Category D cafes but not required.
5.4.A
Setback: Category D Cafes (Atlantm Avenue Side Street Cafes) are
recommended to be setback eight (8) feet, but a minimum distance of(6) feet
clear sidewalk width, free from obstruction, is required for all Category D
Cafes.
Pending review of specific caf6 site plans, additional setbacks and clear path
space may be required. The minimum distance shall be measured from the
portion of the caf6 frontage which is nearest the obstruction. For the purpose
of these guidelines obstructions shall be defined as vertical public
infrastructure improvements such as traffic signal poles, sign poles, light
poles, planting areas, trees, trash receptacles, benches, bike racks, parking
meters, etc.
5.4.B
Floor: Only the existing paving or sidewalk is to be used for placement of
removable caf6 furnishings. Should the building be setback from the curb
line, the development of new surfaces for seating may be permitted.
5.4.C
Perimeter Fence: A perimeter fence shall be a minimum of thirty (30) inches
in height and maximum 42" height. It shall be constructed of fimshed
painted wood, factory-finished metal glass or masonry block, or a
manufactured fiberglass or metal railing system.
5.4.D
Canopy: Canopies are permitted but not required. If specified, a Category D
Caf6 (Atlantic Avenue S~de Street Caf6) shall have a soft top, temporary
canopy constructed as specified here~n. The canopy shall only cover the top
of Category D Cafes ( Atlantic Avenue Side Street Cafes), except that
transparent vinyl or plastic curtains may be used on the sides as windbreaker.
At no point shall the height of the canopy be lower than e~ght (8) feet above
the floor of the Category D Caf6 (Atlantm Avenue Side Street Cafes). The
valence of the awning shall not exceed twelve (12) inches in width.
Umbrellas are permitted. If umbrellas are used the name of the caf6 may
appear on the valence of each umbrella.
All canopies shall be constructed of fire resistant vinyl fabric or canvas as
approved by the City of Virginia Beach Planning Department/Permits and
11
Inspection Division, and shall meet all applicable Building, Structural, and
Fire Codes. Supporting Structure shall be metal pipe or tube system not to
exceed 2" in Diameter. Deviations shall be individually reviewed by the
Ci.ty.
5.4.E Fixtures: The furnishings of the interior of a resort open air caf6 shall consist
solely of moveable tables and chairs and decorative accessories. In no event
shall such objects penetrate the exterior perimeter boundary_ or the canopy.
Planter boxes on caf6 railing are allowed. All movable objects required for
operation of a resort caf~ shall be removed from the caf~ area and stored out
of view during adverse weather conditions acclaimed by the City dunng, the
off-season, or when the caf6 is not in operation for more than a five (5) day
period. These objects include tables, chairs, furnishings, and decorative
fixtures.
5.4.F
Planting: Perimeter planting in planters or planter boxes will be required;
selection of planting will be determined by City staff. All such planters or
plantings shall be on or within the caf6.
5.4.G
Access: Only one well-defined entrance opening is permitted to the caf6 area;
the caf6 area must be connected to the corresponding business entrance.
Orientation of that opening will be reviewed by the City staff according to
pedestrian safety and the aesthetic requirements of each location. Access will
meet all ADA Standard Disability Access requirements.
5.4.H Size: A Category_ D Caf6 (Atlantic Avenue Side Street Caf6) may not cover
more than the front face of the operating business building. In addition, the
scale, proportion, and overall design of the caf6 shall be reviewed by City
staff to ensure the caf6 is compatible with the adjacent building, the street
block face, and the overall goals of the Resort Area Facade Program and the
Resort Streetscape Improvements.
5.4.I Maintenance: The Category_ D Caf6 operator will be responsible to maintain
an attractive and clean caf6 area at all times.
5.4.J
Lighting: Only incandescent lighting, candles, Christmas lights and celhng
fans are permitted on the interior of the Category D Caf6 (Atlantic Avenue
Side Street Caf6).
5.4.K
Storage: Storage of any kind is not permitted on public property; including
trash or refuse..
5.4.L
Signs: One (1) menu board is permitted within the perimeter of the resort
open air cafes. The menu board shall not be larger than five (5) square feet.
The name of the establishment may be painted or sewn in a s~ngle location
on the valence of the canopy with a maximum of eight (8)-inch lettering. If
12
umbrellas are used the name of the caf6 may appear on the valence of each
umbrella.
5.4.M Bicycle Parking Area: Bicycle parking areas are not allowed to be installed
on Ci_ty Property, Category_ D Cafes (Atlantic Avenue Sidewalk Cafes) must
use existing bike racks.
9:. SECTION 6. ADMINISTRATION AND ENFORCEMENT
aw. 6..! Requirements for Application
Fk~}JIIL~I~LIUII~ IUI l1 llllll~lll3~ IUI tll~ UJJ~IIILIUII tYl tJJl UIJ~II Fkll ~1~ Blldll U~ III~U~
th ~=---~- ~'~--M ag --~:-d 'g d .......... ~':--- * ~-- -~
IIUIIUI ¢U UUII~ D [~ I VU.VV] DIIGII U5 palU to tll~ ~lt~ iUl tll~ ~lU¢~lll[ Ul fill
_~ 2 __ 2 ~ ....... ~ I 2__ ~L - ~2~-- i · .... 1_2 J _2 ~ J .... 2___ 1
I ~ ...................... ~ ~
~_ _~ _ ......... ~ .... 1:__~ ..... 1 ..... ._ 1_ ~-_ ~ _ ~--~J -~ ~t_ ~: ........ 1:---~---- : - ~1 -- J
IIUL abbg~t ally a~iibatlUll Uillg~3 ~Ubil iWG Ug ~aiU at LIIG tlliiG dp~ilbatlUll 1~ ilIGU,
~llb6tlUll~ IUl b~lG il 611blll~G~ LU UG 1GbGI V GU IIU I~LGI tll~l i' GUI ~y i ) ~IUbGGUIII~
In order to create a Resort Open Air Caf6, the granting of a fi'anchise agreement will
be required. Applications (per Section 6.2) will be made to the Office of the City
Manager or his designated representative, the Department of Convention and Visitor
Development/Resort Management Office and the Design & Planning Committee of
the Resort Advisory Commission, and shall ensure continued compliance with
applicable policies and guidelines in addition to those specifically stated herein.
These requests will be reviewed by the Office of the City Manager or his designated
representative, the Department of Convention and Visitor Development (Resort
Management Office), with recommendation for approval/disapproval from the Resort
Advisory_ Commission, and will be reviewed and acted upon by the City Council of
the City of Virginia Beach.
The regulations herein are intended to establish the necessary criteria w~th which the
Resort Open Air Cafes shall first comply in order to be eligible for consideration for
such a franchise agreement.
Request for a variance to any of the following regulations may be reviewed by staff
and the Resort Advisory_ Commission. Such consideration shall apply only to
conditions relevant to the site and placement of the caf6, NOT construction material.
Approval of the City of Virginia Beach Health Department and (when applicable) the
State of Virginia Alcoholic Beverage Control Board is required for operation of
Resort Open Air Cafes.
A fee of one-hundred dollars ($100.00) shall be paid to the C~ty for the processing
of an application for a franchise. The City Manager or his designated representative
shall not accept any application unless such fee be paid at the time apphcation is
filed. Applications for caf6 franchises to be received no later than March 1,
13
proceeding summer season of anticipated construction and operation. No application
shall be processed for the year in question that fails to meet the application deadline.
The City Manager or his designated representative, is hereby authorized and directed
to prepare and adopt a procedure for the processing of such applications and the
reporting to City Council of any detrimental effect which requested franchise may
have on the public health, safety, welfare, and interest.
City Council may deny or grant a franchise subject to such terms and conditions as
City Council may, in its discretion deem proper Notwithstanding any other
provision of law, City Council shall deny any franchise request it determines, in its
discretion, to be detrimental to the public health, safety, and welfare or interest.
b:. 6.2 A-dditionat Documents and Review Required for Application
Three (3) copies of a preliminary site development plan, including a current physical
survey, no older than 90 days, from building to the curb line, finish schedule, a
landscape plan, and elevation drawings showing canopies and their relationship to
the support buildings.
Engineering/Site Plan review will be necessary for cafes requiring construction of a
concrete slab and/or pennan-em temporary improvements in the public right-of-way.
Fifteen (15) copies of the final site plan will be required and should be submitted to
the Development Services Center, Room 180, at the Municipal Center Operations
Building (Building//2).
Photographs of the proposed caf6 site and building facade.
RAC - Design Committee review and recommendation for approval/denial.
Plan Content: Plans shall be prepared using a minimum scale of 1" = 10'0" and shall
show by name and dimension all existing property lines, easements, buildings, and
other structures, vehicular use areas (including parking stalls, driveways, service
areas, etc.), proposed and existing walkway systems, and proposed Open Air Caf6.
Physical survey by land surveyor showing clear path and all obstructions.
Elevations: Elevation drawings shall be prepared using a minimum scale of 1" =
10'0" and shall show all existing and proposed structures d~rectly adjoining the
proposed caf6 structures. Two elevations are required: one front elevation and one
side elevation and/or section drawing.
Finish Schedule: Finish schedule shall include all finish materials proposed for the
Open Air Caf6 construction including a landscape plan.
Blueprints/Copies: All drawings shall be in reproduced form, no originals shall be
accepted.
14
e-:. 6.3 Insurance and Fees
Applicant will provide liability insurance coverage not less than one million dollars
($1,000,000) for personal injury and property damage as required.
The franchise fee is to be determined on a gross square foot basis/per year, payable
to the City of Virginia Beach no later than May of the year in affect.. (T,h¢ l%e niay
va,-~ ...... ' .... ' .... ' ........ '-- dj -' "'" "~ "--
yt,~,y, ,,~ fct is t~,,,t,,,y a ustcd ,,L ,,_,.~.., s.f. l,,, l~,:..,~. The fees are as
follows:
Category_ A:
Category_ B:
Category_ C:
Category_ D:
Boardwalk Caf6
Connector Park Caf6
Atlantic Avenue Sidewalk Caf6
Atlantic Avenue Sidestreet Caf6
2001 2002 2003 2004 2005
Cateltorv A 3 25 4 00 5 00 6 00 7 00 3% **
Cater,orr B 3 25 4 00 4 75 5 50 6 00 3% **
Cate~torv C 3 25 4 00 4 50 5 00 5 00 3% **
Cateltory D 3 25 4 00 4 00 4 00 4 00 3% **
6.4
Prior to commencement of operations the Grantee must execute a bond or letter of
credit in favor of the City of Virginia Beach in the amount of ten thousand dollars
($10,000) as determined by the Public Works Department and the Resort
Management Office.
fi ~)tttlllL,y Uti./U~III UUIIki 1,~'111 Ut lt%,lUlltU ~:1~) UtLtllllllltU U,,)'tilt I BUilt ¥¥ UIK~
/llg5 lll:l,l.'L, lllDt YYIII IJ~5 ID~IJ. tL[ I,~.t Lilt I./I.[llLllll~.~ ~JYYIItl.
Enforcement
The franchise period shall be for one (1) year for the first year of operation. Based
upon compliance with these regulations and the Council's desire to continue to allow
Open Air Cafes, an extension of the franchise ---:"-,~,,, ,,,~ ......... ,~,,,,,L'- .... niodifications may
be authorized by the City Council for up to an additional five (5) year period.
During the period in which the franchise is ~n effect, the Office of the City Manager
or his designated representative is to enforce the provisions of the franchise
agreement, and is authorized to suspend the agreement if there is a violation of the
agreement.
15
In the event the City determines that the Grantee has failed to properly comply with
any of the terms or conditions of this Agreement, Grantee shall be given a minimum
of twenty-four (24) hours and a maximum of ten (10) calendar days to remedy its
non-conformance. The amount of time that Grantee shall be permitted to gain
compliance shall be determined in the sole discretion of the City, by its authorized
officer, agent, or employee. However, such time shall be reasonable and shall be
based upon the level of severity of the noncompliance. If Grantee fails to effect
compliance within the time allowed, the City shall have the right to suspend
Grantee's operation, in whole or in part, until such time as Grantee shall
remedy its non-compliance.
No portion of the open air/boardwalk cafes shall open or project beyond the
designated perimeters of the caf6 area.
'1"i1___ t"l___.~___~.. 1~1 ..... 1__11 1_ ......... _1 .......... ;__; ........... 1-- _.f 1t1 __ 1/!1/~11 ____1 _1__11 _'L ....
1_ ......... J J; ...... ~'___ _11 __2_a_!
U~/ lift. III50. IIU. U. IIII~IIDIUII fiji 5AIDLIII~
' __._11 ......... J
cx~sting ~ ~ ~j s~-stenis,~ proposed --- Air
'1'?;~-'__1- C1__1__ ____1__1__.T~..~'__~'_1- .......... 1- _1__1_ 1-_11 L__1___1_ --11 ~ 1_ .... ~- ! _1 ............. J _t~ ~.L _ t'~ A~'--
f IIIIDII OtAISU. U. 15. f IIIIDII i)bllSUtll~.,, OllO. ll lllbltlU5 I:111 IIIIIDII 111t11.5111:11i~ IJl UIJUOtiSU IUl 1.115 UIJK.,II /-'kll
kaJ,15 ~UII~LI IAbLIUII.
l.}ltlli>lJl lllLD/k,~UlJlS~. /'tll UI llVY 1111~00lli{ll U[; Ill 15[JIUUUt, A,,~U IUI Ill, ItU UI l{~llllllO ~llfl, ll U5 llt,.,,t,.,,SiJ LSU.
SECTION 7. DEMOLITION
If applicant is required to demolish or remove caf6 or any portion thereof, the applicant must
submit approval plans to the Department of Planning for review.
F \UserskRIngram\WP\WORK\Ordmances\Open Air Caf~ Regulatlons~regcompare wpd
16
Item L. 3.
- 34-
ORDINANCES/RES OL UTIONS
ITEM # 49567
Upon motion by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordtnance to A CCEPTand APPROPRIA TEa $25,000 grant from Lowe's
Home Safety Counctl to the Ftre Departments's FY 2001-2002 operattng
budget re new displays for the Vtrgmta Martne Sctence Museum and
esttmated revenues be tncreased accordtngly
Votzng i0-0
Counctl Members Vottng Ave
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 and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Vtce Mayor Wzlham D Sessoms, Jr
Aprtl 23, 2002
10
11
12
13
14
15
16
17
AN ORDINANCE TO ACCEPT AND
APPROPRIATE A $25,000 GRANT FROM
LOWE'S HOME SAFETY COUNCIL TO THE
FIRE DEPARTMENT'S FY 2001-02
OPERATING BUDGET TO FUND NEW DISPLAYS
FOR THE MARINE SCIENCE MUSEUM
WHEREAS, the City of Virginia Beach's Fire Department has
been awarded a $25,000 grant from Lowe's Home Safety Council to
construct new displays for the Virginia Marine Science Museum's
Weather Room, and this grant requires no matching funds.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That a $25,000 grant from Lowe's Home Safety Council is
hereby accepted and appropriated to the Fire Department's FY 2001-02
Operating Budget to fund additional displays at the Virginia Marine
Science Museum, and estimated revenues are hereby increased
accordingly.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of April , 2002,
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CA-8457
Ordin/Noncode/lowesord.wpd
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April 4, 2002
APPROVED AS TO CONTENT'
Department of Ma~a s
APPROVED AS TO LEGAL
SUFFICIENCY-
Department o f~L~w
LOWE'S
HOME SAFETY
COUNCIL
March 12, 2002
Battalion Chef Donna Brehm
Cttv of Vtrg~ma Beach Fire Department
2408 Courthouse Drive. Mumc~pal Center, Budding 21
Virgurua Beach, VA 23456-9065
Dear Cluef Brehm
T'ms letter comes to you as the formal confu'maaon of the Lowe's Home Safety. Council's ("LHSC'~
gram to the City of Virginia Beach Fire Department ("Grantee"). The grant, in the amount of $25,000, is
to be used by Grantee for the creation, construction and promotion of a hurncane preparedness ~xla~bit at
the Virgima Marine Science Museum ("the Program"), beginning March 2002 and ending January. 2003
Tl~s amount ~s to cover out-of-pocket costs and ~cpenses recurred during the Program. Included w~th th~
grant letter is the Program Services Agreement. Please note that this grant is contingent upon Grantee
s~gmng the Program Services Agreement and rc~xu'ning it to LHSC along vath Grantee's Certificate of
Insurance evidencing the insurance requirements set forth in the Agreement.
Sincerely yours,
David J. Oliver
Executive Director
Lowe's Home Saf,~y Council
Elana E. Meats
Program Manager
Lowe's Home Safety Council
PROGRAM SERVICES AGREEMENT
THIS PROGRAM SERVICES AGREEMENT. (heremafler referred to as the "Agreement") t~
hereby made thts 12th day of March, 2002 ("Effective Date"), by and benveen Lowe's Home Safety
Counmi ("LHSC") w~th offices located at 1605 Cures Bridge Road, Wilkesboro, North Carohna 28697
and V~rgmm Beach Ftre Department ("Grantee") w~th a mmhng address of 2408 Courthouse Drive.
Mummpal Center, Building 21, Virg~ma Beach. VA 23456-9065
WHEREAS, LHSC Is a charitable orgamzanon winch strives to empower mchv~duals, farmhes
and commumUes to make their homes sager places; and
WHEREAS, Grantee is a customer service orgamzauon parmermg w~th commumues, members,
c~ttzens and vmtors to foster the feeling of safety, any place, any ume through planning, mmgauott,
response and restomnon; and
WHEREAS, In March 1999 the C~ty of Virginia Beach was named a FEMA ProJect Impact City,
focusing on "Building a Dtsaster Resistant Commumty;" and
WHEREAS, The VBFD and Project Impact have partnerships or memberstups wrth the
following groups: AARP, American Red Cross, Intemanonal Association of Emergency Managers,
National F~re Protection Association and the National Safety Council.
WH[EREAS, Lowe's is also a Nanonal Partner in FEMA's ProJect Impact; and
WHEREAS, In 2000, Virginia Marine Science Museum (VMSM) joined the ProJect Impact team
to help educate the public on how to prepare for disasters - the VMSM opened June 15, 1986 and
immediately became the highest attended museum in the state; and
WHEREAS, VSMS's mission is to increase the public's knowledge and appreciation of
Virginia's marine environment and inspire commitment to preserve its existence and has an annual
attendance of 600,000; and
WHEREAS, Grantee desires to partner with Lowe's Home Safety Council on a Disaster
Preparedness Exhib/t; and
WHEREAS, LHSC and C.n'antee have agreed to set forth thc terms and conditions associated
with the services provided by Grantee through the Program.
NOW, THE~FO~, in comsidemtion of the mutual covenants and premises set forth herein
and other good and valuable consideration, including the monetary grant from LHSC to C. wam~, thc
receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound do
hereby agree as follows:
I. Services to be. Performed by G~nte*. Services to be performed by ~ through thc Program
arc set forth on ExPloit "A', attached hereto and made a part hereof ("Services").
2. Term ofAtreemcnt.-
the grant lett~.
This Agremn~ shall commence and terminate on the dates set forth in
3. Proeram Goals; Quantifiable Obiectiv_~_. The parties have agreed to certain program goals and
quanfifmble objectives that are forth on Exhib/t "A'.
4 Grant Payment Schedule and Proiect Timeline LHSC will remit payment of the grant vm
multiple checks to Grantee upon receipt of written mvotces from Grantee Imtlal payment will be m. ade
upon LHSC's receipt of the s~gned Agreement and Grantee's Cemficate of Insurance Invoices should be
marled to Lowe's Home Safety Council, 1605 Curus Bridge Road. Wflkesboro, North Carohna 28697,
attentton LHSC Grants Program. The ProJect umehn¢ ~s set forth m Exhibit "A"
5 Amendment of Exhibits and Schedules. All E.,dubtts and Schedules attached to tins Agreement
shall be governed by the terms thereof. However, any Extub~t or Schedule may be replaced or amended
by written agreement of the part~es hereto and such replacement or amendment shall m no way invahdate,
void or cause the termination of this Agreement ff the terms of the Exhibits or Schedules comehct with
flus Agreement, the terms ofttus Agreement shall control.
6 Ownership of Mat..edais.
be the property of LHSC.
All matenals developed and used during the course of the Progratn will
7. Confidentiality.
7 I Aay mformauon, including but not limited to customer idenlaties, customer profiles, market
research data, sales information, or any other business informanon of any kind, commumcated by either
party to the other party in the course of performance under flus Agreement shall be considered
¢onfidentml and proprietary informatmn under the terms of this Section. The pames shall take reasonable
steps to protect the confidentiality thereof and to prevent its disclosure to any third pames. The parties
shall use all such information only for purposes of performance under flus Agreement, and not for any
other purpose whatsoever. The obligations ofth~ Sectioa shall survtve the termination of thi_n
Agreement.
7.2. Information communicated pursuant to this Agreement shall not be considered confidential
and shall not be subject to the provisions of Section 7.1 if the information:
7.2. I has become known to the public through no fault, act or omission of the
receiving party;
7.2.2 was already known to thc receiving party at thc timc of disclosure as proved by
prior documents or records;
7.2.3 was disclosed to the receiving party by a third-party who has no obligation to
maintain thc information in confidence;
7.2.4 is ordered to be released pursuant to a court order issued by a court of compctent
jurisdiction or otherwise legally rcqu~ to be disclosed, but in such case thc party so ordered
or required to disclose shah notify the other party of such order or requirement prior to
disclosure; or
7.2.5 is the subject of an express agreement in writing by the originating party to
release such inform~on from thc terms ofth;-~ Agreement.
8. rublidty.
8.1. LHSC shah not, without C. nantce's prior written approval, use Grantce's name, service marks
or wademarks for any marketing advertising, sales or promotional purpose.
,~ 2 Grantee shall not, w~thout LHSC's prior written approval, use LHSC's name, service marks
or trademarks for any markeung, advert,stag, sales or promouonal purpose
Relationship of Parties. Noth,ng tn th~s Agreement shall be construed as creating an employment
relat~onslup, parmersh~p or joint venture between Grantee and LHSC
10 No Authority to Bind LHSC. Grantee has no authority to enter into contracts or agreements on
behalf of LHSC
11 Declaration bv Grantee. Grantee declares that Grantee has complied or wall comply w~th all federal,
state and local laws regarding business permits and licenses that may be reqmred to carry out ~
obligauons under this Agreement.
12 Notices. Any notices, authorizations, consents or approvals called for hercnmder shall be in writing.
All written nouces are to be delivered personally or sent by overmght delivery service or certified mail,
r~trn receipt requested, and shall be sent to the part~es at their respective offices located at their
addresses set forth below Any not~ce vail be deemed to have been received by a party, the next day ff sent
by overnight delivery., and vnthm 3 (three) days from the date sent ff gnven by certffied mail, return
receipt requested.
For LHSC:
Lowe's Home Safety Council
1605 Cures Bridge Road
Wilkesboro, NC 28697
Arm: Elana Meats, Grants Program Manager
For Grantee:
City of Virginia Beach
2408 Courthouse Drive, Municipal Center, Building 21
Virginia Beach, VA 23456-9065
Arm: Battalion Chief Donna Br~hm
13 Assienability. This Agreement may not be assigned, in whole or in part, by either party without thc
other party's prior written consent. This Agreement shall be binding upon and shall inure to thc benefit of
LHSC, Grantee and their re, peeve successors and permitted assignees.
14. Indemnification. Crmnt~ will indenmi~, defend and hold LHSC free and harmless against any
suit, claim, loss, liab/lity or expense (including reasonable attorney's fees) to the extent aris~ out of or
as a result of ~'s performance or non-performance of Services pursuant to this Agre~nent~
15. Choice of Law. This Agreement shall be governed with respect to all issues of formation,
construction, performance and breach by the substantive laws of the State of North Carolina, applied
without regard to its choice of law rules.
16. Headings. The Section and Subsection headings of this Agreement are solely for the purpose of
reference and shah not in any way affect the meaning or interpretation of this Agreement
17. Non-Waiver. Either party's delay in or failure to enforce any right, obligation or r~nedy hereunder
shall not constitute a waiver of any later enforcement of that same right, obligation or remedy or of any
other ri~ht~ obli~tion or remedy under thi.~ Agreemeat.
18. ,~-verabHity. If any part of this ~ent shah be held unenfo~le, the remainder of this
Agreement will nevertheless remain in full force and effect.
19. Entire Agreement. This ~s the entire agreement ot thc partzcs and cannot be changed or modified
orally, rather any modification to this Agreement wdl be binding on the parties oniv tf ~n writing and
approved by both parties .
IN WITNESS WHEREOF. the paxt:es. ~ntenchng to be legally bound hereby, have caused th~s
Agreement to be executed and do each hereby warrant and represent that their respectave s~gnatory, whose
s~gnature appears belo~v has been and is on the date set forth below, duly authorized, by ail necessary, and
appropriate actton, to execute thts Agreement
LOWE'S HOME SAFETY COUNCIL
Bv'
David J Ohver
Its Executive Director
(Tale)
Date
· GRANTEE, I[
/ v JMes Spore
Its-/~'~. ~iw Manager
(Title),
Exh~b,t A
Services to be Prov,ded by Grantee through the Program
* Grantee w~ll prowde LHSC vnth dctmled specs for the proposed extub~t at VMSM No
construcuon, computer progranumng or brochure pnnung wall commence unul LHSC has
approved the exhibit plan.
· Grantee wall develop a brochure for the exhibtt OR wall include LHSC mformauon on e.mstmg
brochure - grantee will work with LHSC to make demsion. LHSC wall provide access to low-cost
printing options.
· Grantee wall only use LHSC grant money for design, constmcuon and pnnted materials for the
humcane preparedness exlubit.
· Grantee wall create an online "LHSC/VMSM Dtsaster Preparedness Exhzbit" that would be
hosted by both the VMSM and by LHSC.
· Grantee wall mention exhibit in two public programs during the months of August through
October 2002. These programs would include VMSM, Va. Beach Emergency Management and
VBFD Life S~ Education.
· Grantee will provide monthly actiwty reports to LHSC (v~a e-mad to
elana e mears,~lloweshomesafety erg) by the 5u' of each month, deta,ling the previous month's
· Grantee will design and construct a permanent plaque al the exhibit to recognize LHSC's
involvement in the project. Plaque face should measure no less than 8 x 10 inches and be durably
constructed. Plaque must be approved by LHSC.
· Grantee will complete a final report by January 2004 that shows how successful the grantee was
at achieving the quanufiable objectives below. (Virginia Marine Science Musetun will be
responsible for survey admmistrauon and follow up, as well as formulation of those evaluation
results.)
Ouantifiable Objectives.
Create an interactive disaster preparedness exhibit at VMSM.
Create a co-branded disaster prep~ess brochure.
Distffoute 10,000 brochures from June 2002 until December 2002.
· Conduct exit interviews of al least 100 people over a four-day period (total interviews of 100-400
people) between August I and September 30, 2002.
· Exit interviews will show that 50 percent of attendees learned something that they can use to
protect their home or themselves; surv~ will specifically ask respond~ to list 1-3 lessons they
plan to implement at home (this information will be used during Tollow-up calls).
· Follow-up phone calls with surveyed attendees (to take place no sooner ~ three weeks and no
more than three months after attendee's visit to VMSM) will show that al least 50 percent of
attendees who learned something al the exlfibit implemented the lesson(s) learned since their
museum visit (i.e. building a disaster prep kit, putting phone their hurricane p~-pamtness plan,
posting Red Cross numbers, r=vi~ escape route w/family, etc.)
· Cr~ue an online presence for the exhibit and LHSC at VMSM's Web site.
· Collect a total 500,000 bits (unique page views) on the onUne e~u~it description page on
VMSM's Web site.
IH. Project Timeline' Grantee Deliverables and Grant Pavment Schedule
LHSC will remit payment via multiple bank checks to Grantee upon receipt of written invoices from
Grantee. Inmal payment will be sent automatically upon receipt of signed agreement. Subsequent
payments will require invoice from Grantee as indicated below. Signed letter of agreement and invoices
should be mailed to Lowe's Home Safety Council, 1605 Curtis Bridge Road, Wilkesboro, N.C., 28697,
attn: LHSC Grants Program. The final report should be received no later than ]anuary 31, 2003
G~ ddiverable Spr 02 Sum 02 Fall 02 Win 02 Jan 03
Sign iet~r of agreement and recede fw~ Mar 28
payment ($5,000)
Submit suggested broch~ to LHSC (if Apr 15
developing one, it is due April 15)
Submit exhibit floor plan and programming Apr 8
details to LHSC for approval
If neces~, submit echted ex~'blt plans to Apr
LHSC for approval. 30
Mail invoice for $18,000 (to be paid upon X
LHSC approval of plans)
Exhibit constmctmn X X
File monthly ping.ss reports X X X X
Pro~mm cvaluation/~ follow.up X X
Submit f'mal report with invoice for fmal Jan 31
$2,000
Please sign and return this document - your first payment will be processed upon approval of these
forms. Lowe's Home Safety Council, 1605 Curtis Bridge Road, Wilkesboro, N.C., 28697, attn:
LHSC Grants Program.
Agreed:
Date
, Head Curator
Head Curator, Vuginia Marine Science Museum
Date:
Date
Date
VIRGINIA
BEACH
Dcp.irtmt:n[ ,~I Museums and
t.ulrur.fl ~rts
717 General Booth Boulevard
V~rgm~a Beach. VA 33451
(757~ 437-a949
F~X (757) 4~7-4976
September 7, 2001
Chief Gregory. Cade
Fire Department
City of'Virginia Beach
Dear Greg,
Paul Harris of Management Services has asked me to write you this letter which acknowledges
the joint effort between the Fire Department and the Department of Museums and Cultural Arts in
applying for a grant from the Lowe's Home Safety Council. The Fire Department is the lead
organization for this grant application. The money from this grant is intended for exhibits located
in the museum's Weather Room. The museum will be responsible for the operation and
maintenance of the exhibits after they are inxtalled in the museum.
I look forward to our working together on this important and worthy project.
Sincerely,
C. Mac Rawls
Item V-M.I.
- 35 -
RES OL UTIONS/ORDINANCES
ITEM # 49568
Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Council ADOPTED:
Resolutton to refer to the Planntng Commtsston re proposed Amendments
to 393g 11I, I50I, 15II, and 1521 of the Ctty Zoning Ordmance (CZO)
defintng "Temporary Commerctal Parktng Lots ", estabhshtng temporary
commercial parking lots as a prtnctpal use tn the RT-1, RT-2 aiid RT-3
Resort Tourist Districts, and, the Planmng Commtsston to make thetr
recommendation to Ctty Counctl wtthm (60) sixty days
Vottng 10-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Aprt123, 2002
REVISED VERSION
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTIONS
111, 1501 AND 1511 OF THE CITY ZONING
ORDINANCE, PERTAINING TO A DEFINITION OF
TEMPORARY COMMERCIAL PARKING LOTS AND
ESTABLISHING TEMPORARY COMMERCIAL PARKING LOTS
AS A PRINCIPAL USE IN THE RT-1 AND RT-2
RESORT TOURIST DISTRICTS
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, proposed amendments to Sections
111, 1501 and 1511 of the City Zoning Ordinance, pertaining to a
definition of temporary commercial parking lots and establishing
temporary commercial parking lots as a principal use in the RT-1
and RT-2 Resort Tourist Districts. A true copy of such proposed
amendments is hereto attached.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission be, and hereby is, dzrected to
transmit to the City Council its recommendation concerning the
aforesaid amendments no later than sixty(60) days after the date of
adoption of this Resolution.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 23~d day of April, 2002.
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CA-8458
wmmkordreskcommpkinglotres.wpd
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April 18, 2002
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REVISED VERSION
AN ORDINANCE TO AMEND THE CITY ZONING
ORDINANCE PERTAINING TO A DEFINITION OF
TEMPORARY COMMERCIAL PARKING LOTS AND
ESTABLISHING TEMPORARY COMMERCIAL PARKING LOTS
AS A PRINCIPAL USE IN THE RT-1 AND RT-2 RESORT
TOURIST DISTRICTS
SECTIONS AMENDED' CZO §§ 111, 1501 and 1511
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Sections 111, 1501 and 1511 of the of the Czty Zoning
Ordinance are hereby amended and reordained, to read as follows'
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the followmng terms shall be defmned as herein
indicated-
Park~nq lot, commercial, temporary. A commercial parking lot
that operates for one (1) year or less.
COMMENT
This amendment establishes a definition for a temporary commercial parking lot as one
that operates for one (1) year or less.
Sec. 1501. Use regulations. IRT-1 - Resort Tourist Dis~rmct]
(a) Principal uses and structures'
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(7) Temporary commercial parking lots, provided that adjacent
to any public right-of-way perimeter landscaplnq meetinq
the requirements of the City Code, Appendix C - Site Plan
Ordinance, Section 5A and the Public Works Specifications
and Standards Manual shall be installed, and temporary
surface treatment in accordance with the standards for
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temporary parkinq lots in the Public Works Specifications
and Standards Manual shall be allowed.
COMMENT
This amendment establishes temporary commercial parking as a principal use in the
RT-1 Resort Tourist District with perimeter landscaping. Temporary surface treatment shall
be allowed.
Sec. 1511. Use regulations. IRT-2 - Resort Tourist District]
(a) Principal uses and structures' For parcels less than
fourteen thousand (14,000) square feet in size, any one of the
following is allowed; provided, however, that drive-through
facilities shall not be permitted as a principal or accessory use'
(17.5) Temporary commercial parkinq lots, provided that adjacent
to any public riqht-of-way perimeter landscapinq meeting
the requirements of the City Code, Appendix C - Site Plan
Ordinance, Section 5A and the Public Works Specifmcations
and Standards Manual shall be installed, and temporary
surface treatment in accordance with the standards for
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temporary parking lots in the Public Works Specifications
and Standards Manual shall be allowed.
COMMENT
This amendment establishes temporary commercial parking as a principal use in the
RT-2 Resort Tourist District with perimeter landscaping. Temporary surface treatment shall
be allowed.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23rd day of April , 2002.
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wmm~ordres ~commp kinglotordin, wpd
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April 18, 2002
APPROVED AS TO CONTENTS'
APPROVED AS TO LEGAL
SUFFICIENCY-
Planning Department
Law Department
Item V-M.2.
- 36-
RES OL UTIONS/ORDINANCES
ITEM # 49569
Upon motton by Councdman Jones, seconded by Councdman Branch, Ctty Councd ADOPTED:
Resolutton to AUTHORIZE and promulgate Amendment No. 6 to
the Pubhc Works' Spectficattons and Standards manual
Vottng 9-1
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham It/ Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf Nancy K Parker and Rosemary Wdson
Council Members Voting Nay
Reba S McClanan
Councd Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Aprt123, 2002
A RE SOLUT ION AUTHORI ZING THE
ADOPTION AND PROMULGATION OF
AMENDMENT NUMBER 6 TO THE PUBLIC
WORKS SPECIFICATIONS AND STANDARDS
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WHEREAS, there exists a requirement for the published
engineering standards to be maintained as current and to provide
and promulgate technical design criteria, policy interpretations
and ordinance application to be utilized by City staff and the
engineering consulting community in the preparation, review and
approval of all development related plans throughout the City, for
the design of all engineering projects by the city, and to
promulgate these criteria for contracts awarded by the City and for
Public Works infrastructure accepted by the City;
WHEREAS, by resolution adopted June 14, 1994, City
Council authorized the adoption and promulgation of the
Specifications and Standards Manual ("Manual") developed by the
Engineering Division of the Department of Public Works;
WHEREAS, pursuant to Section 1.2 of the Manual, all
amendments to the Manual must be presented to City Council for
formal adoption;
WHEREAS, since its original adoption and promulgation in
1994, the Manual has undergone five (5) Council-approved annual
amendments as follows: Amendment Number 1, approved March 14, 1995;
Amendment Number 2, approved April 23, 1996; Amendment Number 3,
approved April 1, 1997; Amendment Number 4, approved March 3, 1998;
and Amendment Number 5, approved April 27, 1999; and
WHEREAS, over the past year, employees of the Department
of Public Works, Engineering Division have developed revisions and
updates to all existing engineering materials, details, and
technical requirements relating to the Manual and have compiled an
Amendment Number 6 to be inserted into the working document
consisting of the following additions or revisions: (1), Chapter 2,
(2) Chapter 3; (3) Chapter 4; (4) Chapter 5; (5) Chapter 6; (6)
Chapter 7; (7) Chapter 8; (8) Chapter 10; (9) Chapter 11; (10)
Chapter 15; (11) Chapter 18; (12) Appendix E; and (13) Appendix G.
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NOW, THEREFORE, BE ITRESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Council approves and authorizes the adoption and
promulgation of the Amendment Number 6 of the Specifications and
Standards Manual developed by the Engineering Division of the
Department of Public Works as identified herein and whose summary
of changes is attached hereto. A complete copy of all the changes
is on file in the Department of Public Works.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 23rd day of April , 2002.
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APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL SUFFICIENCY-
Ibabert A.
r'~b~ W.
Johe M. R~d~iff
O~nlng ~
Johe W Am~ 'e Jr.
Wdlmm B
RO~ F ~Fo~
J. ~m~oT
~ ~n R~e Jr
C~eren~ E
~am 8. Tnu~ond
~n B Van Le~
14 ~ac Wuwr I,
~dw~r6 ~ Xoder
Joseon C Add ~ Jr
Julian e,rk
H~ar~ V We~rg
~B PaR
NAH~ ~e
E~a~ ~ 8~gan
~ce ~ Gol~ri~
R~e~A ~
5~1'~ J. Magula Jr
~r~en~ J. Na=~*'tano
Mi~eel O N~e
Judah
Mi~ee, ~
HBAV P~
Oavld A. H~
F~den~ J N~hmno Sr
V~nt A Nooohtang
T~ S.
Oeuglm W. Tabor
Smnl~We~
H~a~ Memb~
~e. ~
Match 4, 2002
dewnter Buii,
Mr. Phillip D. PuUen
Dept. of PubIic Works
Municipal Center, Bldg. 2
2405 Courthouse ])rive
Va. Beach, VA 234~6-903!
Deay Mz. Pullen:
On behalf of the Vir§ima Beach Mumclpal Affa/:s Committee of the Tidewater Builders
Association. I want to ~ank the staff'for thc opportunities for the ~ndustzy attd the consultant
community to re,new the revis:or~s to the 2002 Public Works Specifications and Standards. As of
this date, we have no concerns with these technzctl amendn~nts.
As always, we w~ll notify the city. with any corrrments/concer~s, which couid come up in the year to
come tot evaluat/on, it'rnatiets appear.
Agmn. we want to thank the c:ry For taking time to solicit the mput from the rosuJated comrmm~ty.
Sincerely.
John Amsh¢
Chairman
Va Beach Mumc~pal Affa~ Comm~c
2117 SmlthAvenue. Che.mpeake. VA23320-2SlS · Phone:(757)420-2434 · Fax:(7~714DI-DP54 · A~i~ted with the Hema
Variances Approved During 1999
All Saint's Episcopal Church {July 22, 1999}
Deferral of handicapped ramp ~nstallations is approved by the Planning Department Pubhc
Works Specifications and Standards Manual, Chapter 6, Section 6 3 3 (a-0 requirements were
deferred until the s~dewalks are constructed along Woods~de Lane At that time, the church will
install the hand~cap ramps as required
Merritt Office Building {May 18, 1999}
Stormwater management facility (SWMF) setback variance was approved by the Planning
Department from fifteen feet (15') to four feet (4') at the southern port~on of the pond adjacent to
the nearest property line only Pubhc Works Specifications and Standards Manual, Chapter 8,
Section 8 12 (a-d)
Oil Equipment Properties (Car Wash) November 19, 1999
Stormwater management facility (SWMF) variance was approved by the Planning Department to
allow an eight-foot (8') setback from the right-of-way hne provided that landscaping ~s ~nstalled as
shown on the preliminary site plan approved by City Council Pubhc Works Specifications and
Standards Manual, Chapter 8, Section 8 12 (a-d)
South Lynnhaven Office Building for Waller Enterprises (December 2, 1999)
Detention facility setback variance from 15 feet to 10 feet from Robert Jackson Drive was
approved by the Planning Department Public Works Specifications and Standards Manual,
Chapter 8, Section 8 12 (a-d)
Variances Approved During 2000
None
Variances Approved During 2001
Buckner Farms Phase IV (December 7, 2001}
Waiver of piping ditch, greater than 18" deep, approved by the Planmng Department
Public Works Specifications and Standards Manual, Chapter 8, Section 8 8
Walgreen's Pharmacy, Virginia Beach Blvd. (June 1, 2001)
Variances to the 1 O-vehicle stacking requirement approved by the Planning Department
Pubhc Works Specifications and Standards Manual, Chapter 11, Section 11 11 c
S-Turn Condos, Sandpiper Road (.March 7, 2001)
Variance from required right-of-way improvements approved by the Planning Department
Villages at West Neck, Village E {December 18, 2001)
Waiver of piping a ditch greater than 18" deep approved by the Planning Department,
Public Works Specifications and Standards Manual, Chapter 8, Section 8 8
Glenwood Links {March 19, 2001)
Waiver of the 2-foot cover over storm drain pipe approved by the Planning Department
Summary of Changes to the
Public Works Engineering Specifications and Standards Manual
February 2002
Several chapters of the Manual were rewritten to provide a more consistent style and format, to
correct grammatical errors, to reduce redundancy and conflicting information and to improve cross
referencing. They include Chapters 1, 4, 5, 6, 7, 8, 10, 11, 12, 15 and Appendix E.
Various technical changes were made to specific chapters as follows:
CHAPTER 2
Section 2.2.1 - Allowable Pipes
Section 2.2.2 - Pipe Joints
Section 2.2.7 - Pipe Cover
Section 2.4 - Permanent
Monuments
Ductile Iron Pipe was added as an allowable pipe.
The stipulation that storm sewer pipe joints must be soil tight
was added. Also, the requirement for sealing and wrapping
the pipe joints was revised.
A requirement was added for concrete pipe to be installed
with minimum 3.0 feet of cover (during construction) and 2.0
feet (finished). If2.0 feet of cover cannot be provided, ductile
iron pipe can be used if approved by the Director of Public
Works.
The detail for permanent monuments was revised.
CHAPTER 3
Section 3.8 Streets and Alleys
Section 3.8.1 - General
The criteria for the design of roadways relative to flooding,
was revised to state that all roads in the City of Virginia
Beach shall be designed such that they are "passable" for the
100-year static storm elevation and the 100-year peak water
surface elevation of the SWMF which serves the roadway
(See Ch. 8 - Storm Water Management).
Section 3.8.9 - Right-of-Way
Permit Specifications
A guideline was added stating that no permit shall be issued
for any mailbox or other structure which is considered an
obstruction to traffic.
A specification regarding above-ground utihties was added
which requires Virginia Power be contacted and be present
on-site when working within 10 feet of an overhead
electrical line.
Section 3.8.11 - Unimproved
Street Improvements
This section was revised to refer the reader to the newly
created Section 18.
Section 3.8.14 - North Beach
Improvements
This section was revised to remove the requirement for the
developer to record an agreement confirming he will pay
100% of the cost for standard right of way improvements.
Also, this section was revised to refer the reader to the
newly created Section 18.
CHAPTER 8
This chapter was revised in its entirety. The main revision was a re-organization of storm water
requirements that were found throughout the Manual, were taken from other chapters and
consolidated in Chapter 8. The main technical changes are as follows: 1. A requirement was
added that all roads in the City of Virginia Beach shall be designed such that they are "passable"
at both the 100-year static storm elevation and the 100-year peak water surface elevation which
serves the roadway. 2. No BMP's are allowed in the floodplain. 3. A requirement was added
mandating designers check the City's Storm Water Management Study regarding tmlwater
elevation, and other criteria.
CHAPTER 10
Section 10.14 Plat Plan
Requirements
Specffic changes were made relative to the requirement for
monuments.
CHAPTER 18
This chapter was created by taking the current "North Beach Street Improvement" Section out of
Chapter 6 and adding a new "Unimproved Street Improvement" Section. These two sections
provide guidelines for improving rights-of-way using a cost participation procedure.
The "North Beach Street Improvement" Section was revised to reflect the adoption of a recent
"Parking in Public Right-of-Way" Policy. The basic change is a requirement for parking pads to
be constructed as much as practical on private property. Also, the Cost Participation Section was
revised to reflect a straight pro-rata share based on property frontage.
APPENDIX E
Several tables listing product information including manufacturer's name, description, etc., were
deleted because they were outdated or no longer used.
APPENDIX G
This appendix was created by taking the manual and publication references from Chapter 1 -
Introduction and inserting them here.
Item V-M. 3.
-37-
RESOL UTIONS/ORDINANCES
ITEM it 495 70
Upon motion by Councdman Jones, seconded by Counctlman Branch, City Counctl ADOPTED:
Resolutton re use of alternattve fuel vehtcles and the Hampton Roads
Clean Cities Coalition tn tt's regtonal efforts to promote the use of
alternattve fuels for transportatton
Vottng 10-0
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, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Vice Mayor Wtlham D Sessoms, Jr
Aprtl 23, 2002
A RESOLUTION SUPPORTING THE USE OF ALTERNATIVE FUEL VEHICLES AND
THE HAMPTON ROADS CLEAN CITIES COALITION IN ITS REGIONAL EFFORTS
TO PROMOTE THE USE OF ALTERNATIVE FUELS FOR TRANSPORTATION
WHEREAS, the use of alternabve, domesbcally-produced fuels for transportabon
increases the energy independence and energy security of the United States, and
WHEREAS, the use of alternative fuels ~n on-road vehicles reduces emissions of
ozone-forming compounds and compounds that have been shown to be toxic to human
health, and
WHEREAS, because of ~ts air quality maintenance area designabon, the
Hampton Roads area needs to do everything possible to ~mprove its a~r quality, such as
the use of alternative fuel vehicles, and
WHEREAS, the use of domesbcally-produced alternabve fuels d~rectly reduces
the U.S annual trade deficit, and
WHEREAS, the Hampton Roads Clean Cities Coalition has been acting as a
cleanng house for ~nformation on the alternabve fuel vehicles and grant opportun~bes for
jurisd~cbons and pnvate cibzens ~n Hampton Roads.
NOW THEREFORE, BE IT RESOLVED that the C~ty Council encourages all C~ty
Departments to consider alternative fuel vehicles when making purchasing decisions
and to work with the Coallbon in determining appropnate and feasible opportunities to
acquire vehicles capable of operabng on alternabve fuels, and to operate these vehicles
on alternative fuels.
BE IT FURTHER RESOLVED that the Hampton Roads Transportation D~stnct
Commission ~s requested to also consider the use of alternative fuel vehicles when
making purchasing decisions, and
BE IT FURTHER RESOLVED that the Hampton Roads Clean Cibes Coalition ~s
to be congratulated on ~ts efforts ~n ~ncreas~ng the use of alternabve fuel and finding
funding opportun~bes for localities and other governmental and private industries for the
use of such fuels
ADOPTED by the Councd of the C~ty of V~rg~nia Beach, Virginia, th~s
day of Apr±] ,2002.
CA-8463
23rd
APPROVED AS TO
Item V-M. 4.
- 38-
RES OL UTIONS/ORDINANCES
ITEM # 495 71
ADD-ON
Upon motton by Councilman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Resolutton to authortze Pohce Agreement (Mutual Atd) wtth York
County re World Church of the Creator vtstt May 3-6, 2002
Vottng 9-1
Counctl Members Votmg Ave
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 and Rosemary Wtlson
Counctl Members Votmg Nay
Reba S McClanan
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
April 23, 2002
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AN RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A POLICE
COOPERATION AGREEMENT WITH THE
COUNTY OF YORK
WHEREAS, Virginia law authorizes local governments to
enter into reciprocal agreements for cooperation in the furnishing
of police services; and
WHEREAS, it is deemed mutually beneficial to the City of
Virginia Beach and the County of York to enter into an agreement
concerning cooperation with regard to law enforcement, increasing
the ability of the local governments to promote the safety and
welfare of the entire area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA'
That the accompanying Police Cooperation Agreement is
hereby approved, and the City Manager is hereby authorized and
directed to execute said Agreement on behalf of the City of
Virginia Beach. A summary of the material terms is hereto attached
and a true copy of the Agreement is on file with the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of April , 2002.
CA-8465
ORDINkNONCODE\York County Cooperation Agmt.ord
April 22, 2002
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APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICI,ENCY'
City Attorney's Office
SUMMARY OF MATERIAL TERMS
Event - A public demonstration by the World Church of the Creator, a white supremacy
group, at the Tabb Library in York County. It is expected protesters from an opposing group,
the Anti-Racist Action group, wall also be in attendance
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Pohce Cooperation Agreement - An agreement between the City of Vlrglma Beach and the
County of York entered ~nto in anticipation of racial unrest hkely to erupt in York County
on May 4, 2002, during a public demonstration where two opposing groups, both violent in
the past, are hkely to clash.
Nature - Allows the City of Vlrg~ma Beach to provide police manpower and equipment,
available, in an effort to maintain pubhc safety during the above described event.
Term - This agreement is effective from May 3, 2002 through May 6, 2002, or as needed, to
maintain public safety during the above referenced Event.
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Insurance - Insurance requirements are met through the City of Virgima Beach's self
insurance program adm~mstered by Risk Management
CITY OF VIRGINIA BEACH
AGENDA ITEM
TO: The Honorable Mayor and Members of Council
FROM: James K. Spore, City Manager
ITEM: Cooperabon Agreement between the City of Virginia Beach and York County
MEETING DATE: April 23, 2002
Background:
The York County Sheriff contacted Chief Jacocks requesting police service cooperation
from the C~ty of Virginia Beach for an upcoming demonstration by the members of the
World Church of the Creator, a white supremacy group, scheduled for May 4, 2002 ~n their
jurisdiction. The possibility that this gathenng wdl also attract the Anti-Racist Action Group
and result ~n c~vil disturbance is high. The County of York anticipates it has insufficient law
enforcement capacity to provide security for th~s meebng, even with the a~d promised by
the State Police. Dunng a past event ~nvolwng th~s organ~zabon ~n York, Pennsylvania, ~n
March 2001, wolent disturbances erupted between supporters of the World Church of the
Creator and protestors from the Anb-Rac~st Action (ARA) group. Th~s d~sturbance ~nvolved
more than 400 ind~wduals and led to numerous arrests. More than 200 law enforcement
officers were present dunng the event; however, they were unable to control the s~tuation.
Based on th~s ~nformabon, the C~ty has been asked to provide police support, if able.
Considerations: The City currently has neither an agreement to furnish police services
nor a mutual a~d agreement with the County of York Although the County of York ~s a
member of the Statew~de Mutual A~d Agreement, the provisions of that agreement are not
applicable under the current c~rcumstances In order for the City to provide the requested
assistance, the City must enter ~nto an agreement to provide police services w~th York
County; th~s can be accomplished under the authority granted to C~ty Council by Code of
V~rg~nia § 15.2-1726.
Recommendations: If Council decides the C~ty should provide the requested support to
York County, then it is recommended the Council enact an ordinance granbng the City
Manager the authority to execute the attached Agreement with the County of York
Public Information: N/A
Attachments: Resolution and Summary of Material Terms of Agreement.
Recommended Action:
Submitting Department/Agency
City Manager
F \Users\STs~outs\Wp\Work\York County Agenda 2 wpd
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A RESOLUTION AUTHORIZING THE CITY
MANAGER TO EXECUTE A POLICE
COOPERATION AGREEMENT WITH THE
COUNTY OF YORK
WHEREAS, Virginia law authormzes local governments to
enter into reciprocal agreements for cooperatzon in the furnishing
of police services; and
WHEREAS, it is deemed mutually beneficial to the City of
Virginia Beach and the County of York to enter into an agreement
concerning cooperation with regard to law enforcement, increasing
the ability of the local governments to promote the safety and
welfare of the entire area.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the accompanying Police Cooperation Agreement is
hereby approved, and the City Manager is hereby authorized and
directed to execute said Agreement on behalf of the City of
Virginia Beach. A summary of the material terms is hereto attached
and a true copy of the Agreement is on file with the City Attorney.
Adopted by the Counczl of the City of Virginia Beach,
Virginia, on the 23rd day of April , 2002.
CA-8465
ORDINkNONCODEkYork County Cooperation Agmt.ord
April 22, 2002
R3
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APPROVED AS TO CONTENT'
~%1 ic~partment/
APPROVED AS TO LEGAL
SUFFICI,ENCY ·
C[t~ ~t-orney s ~ffice
POLICE COOPERATION AGREEMENT
THIS AGREEMENT, made this
day of
2002, by and among the City of Virginia Beach ("City"), a municipal corporation of the
Commonwealth of Virginia, and the County of York ("County").
WHEREAS, Virginia law authorizes local governments to enter into a reciprocal
agreements for cooperation in the furnishing of police services;
WHEREAS, the County anticipates that it has the insufficient law enforcement
capacity to provide security for a public demonstration scheduled to take place in York
County on May 4, 2002;
WHEREAS, these local governments have determined that the provision of police
aid across jurisdictional lines will increase their ability to preserve the safety and welfare
of these areas;
WHEREAS, it is deemed to be mutually beneficial to the parties hereto to enter
into an agreement concerning cooperation with regard to law enforcement; and
WHEREAS, the parties desire that the terms and conditions of this Police
Cooperation Agreement be established. NOW, THEREFORE,
WITNESSETH
That for and in consideration of the mutual benefits to be derived from
cooperation in the furnishing of police services, the parties hereto covenant and agree
as follows:
1. The City will endeavor to provide police support to the County within the
capabilities available at the time the request for such support is made and within the
terms of this Agreement.
2. Requests for assistance pursuant to the terms and conditions of this
Agreement shall be made by the County Administrator to the City Manager
3. The County shall be responsible for designating a radio communications
system for use by the Virginia Beach Police responding to said request.
4. The personnel of the City shall render such assistance under the direction
of the Sheriff of the County.
5. Law enforcement support provided pursuant to this Agreement shall
include, but not be limited to, the following resources: uniformed officers, canine officers,
aerial support when maintained, forensic support, plainclothes officers, special
operations personnel and related equipment.
6. Nothing contained in this Agreement should in any manner be construed
to compel the City to respond to a request for police support when in the opinion of the
Virginia Beach Chief of Police or his designee, these resources are needed or are
being used within the boundaries of the City, nor shall any such request compel the City
to continue to provide police support to the County when its police personnel or
equipment, in the opinion of the Chief of Police or his designee, are needed for other
duties within the boundaries of its own jurisdiction.
7. The responsibility for investigation and subsequent actions conceming any
criminal offense shall remain with the police agency of the locality whose court has
original jurisdiction over the offense. Entering police personnel shall promptly notify the
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police agency of the entered locality upon discovery of a crime over which the court of
the entered locality has original jurisdiction.
8. Officers acting pursuant to this Agreement shall be granted authority to
enforce the laws of the Commonwealth of Virginia and to perform the other duties of a
law enforcement officer; such authority shall be in conformance with Virginia Code
Section 15.2-1724 and Section 15.2-1726, as may be applicable.
9. All police officers, agents, and other employees of the parties to this
Agreement who are acting pursuant to this Agreement shall have the same powers,
rights, benefits, privileges, and immunities in each jurisdiction subscribing to this
Agreement, including the authority to make arrests in each such jurisdiction subscribing
to this Agreement.
10. The services performed and expenditures made under this Agreement
shall be deemed to be for public and governmental purposes and all immunities from
liability enjoyed by the local government within its boundaries shall extend to its
participation in rendering assistance outside its boundaries. It is understood that for the
purposes of this Agreement, the City is rendering aid once it has entered the
jurisdictional boundaries of the County.
11. All pension, relief disability, worker's compensation, life and health
insurance, and other benefits enjoyed by City employees shall extend to the services
they perform under this Agreement. Each party agrees that provisions of these benefits
shall remain the responsibility of the primary employing jurisdiction.
12. Each party agrees that, in activities involving the rendering of assistance
to the County pursuant to this Agreement, each party shall (i) waive any and all claims
against the other party thereto which may arise out of its activities outside its jurisdiction;
and (ii) indemnify and save harmless the other party from all claims by third parties for
property damage or personal injury which may arise out of the activities of the other
party outside its jurisdiction.
13. The County shall not be liable to the City for reimbursement for injuries to
personnel or damage to equipment incurred when going to or returning from the County.
Neither shall the parties be liable to each other for any other costs associated with, or
arising out of, the rendering of assistance pursuant to this Agreement.
14. This Agreement rescinds and supersedes all previous written agreements
and oral understandings relating to the provision of mutual police services between
these parties, and is effective from May 3, 2002 through May 6, 2002, or as needed to
provide security for the public demonstration currently scheduled to take place in York
County on May 4, 2002.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed by their respective city manager and county administrator, the official
seal of each city and county affixed hereto and attested by their respective city and
county clerks, and indicating thereafter the ordinance or resolution authorizing the
execution.
ATTEST: CITY OF VIRGINIA BEACH
? Cit~ Cierk ' ~) City Man g ~
Ordinance No.
Adopted on
ATTEST:
COUNTY OF YORK
By:
County Clerk
By:
County Administrator
F:\Users\STslouts\WP\WORK~York County CooperatIon Agreement wpd
SUMMARY OF MATERIAL TERMS
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Event - A public demonstration by the World Church of the Creator, a white supremacy
group, at the Tabb Library in York County It is expected protesters from an opposing group,
the Anti-Racist Action group, will also be in attendance.
.
Police Cooperation Agreement - An agreement between the City of Vlrglma Beach and the
County of York entered into in anticipation of racial unrest hkely to erupt in York County
on May 4, 2002, dunng a public demonstration where two opposing groups, both violent in
the past, are likely to clash.
Nature - Allows the City of Virginia Beach to provide police manpower and equipment,
available, in an effort to maintain public safety dunng the above described event
.
Term - This agreement is effective from May 3, 2002 through May 6, 2002, or as needed, to
maintain public safety dunng the above referenced Event.
o
Insurance - Insurance requirements are met through the City of Virginia Beach's self
insurance program administered by Risk Management
Item V-N.
- 39-
PLANNING
ITEM # 495 72
1. RJP LLC
NON-CONFORMING USE
2. JOHN C. A TKINSON
NON-CONFORMING USE
3. SPRING BRANCH COMMUNITY CHURCH
CONDITIONAL USE PERMIT
4. PRINCESSBORO DEVELOPMENT COMPANY, INC. RECONSIDERATION
5. CHARLES F. BOWDEN
CONDITIONAL CHANGE OF
ZONING
6. BANB UR Y LAKE VILLAGE COMPANY, L.L.P.
CHANGE OF ZONING
Aprt123, 2002
Item VI-N.
- 40-
PLANNING
ITEM # 495 73
Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Councd APPROVED in ONE
MOTION Items i, 3 and 6 as PLANNING BY CONSENT
Vottng 10-0 (By Consent)
Councd Members Votmg Ave
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 and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Vtce Mayor Wdham D Sessoms, Jr
Councd Lady McClanan voted NAY on Item N 3
Aprt123, 2002
Item VI-N. 1.
- 41 -
PLANNING
ITEM # 495 74
Upon by Councilman Jones, seconded by Counctlman Branch, Ctty Counctl APPROVED the apphcatton
of RJP, LLC. fora Converston of a Non-Con_formtng Use to renovate the extsttng duplex mto a stngle famtly
home
Resolutton authortztng the converston o fa non-conformtng use on property
located at 202 87th Street Satd parcel contatns 7,500 square feet (GPIN
#2510-51-1165) DISTRICT 5 - LYNNHAVEN
The following condtttons shall be requtred
Two (2) 9" X 18' parktng spaces shall be tnstalled on the stte
The spaces may be asphalt, concrete, or pavers
2 There shall be no further addtttons and/or alterattons to the
structure without the approval of the Ctty Counctl
The second floor extertor shall be faux cedar shake stdtng tn a
'neutral' color and/or earth tomes The first floor extertor shall
be patnted to match the color of the stdtng
4 There shall be no further addtttons to the stte, such as accessory
structures, wtthout the approval of the Ctty Counctl
Vottng 10-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
Vice Mayor Wtlham D Sessoms, dr
Aprtl 23, 2002
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A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING USE ON PROPERTY LOCATED AT 5307
ATLANTIC AVENUE, IN THE DISTRICT OF LYNNHAVEN
WHEREAS, John Claiborne Atkinson, (hereinafter the
"Applicant") has made application to the City Council for
authorization to enlarge a nonconforming use on a certain lot or
parcel of land having the address of 5307 Atlantic Avenue, in the
R-5R Residential Resort District;
WHEREAS, the said structure is not allowed to be used as
a commercial structure in the R-5R Zoning District and is therefore
a nonconforming use in the R-5R Zoning District; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the enlargement of a nonconforming use is unlawful in
the absence of a resolution of the City Council authorizing such
action upon a finding that the proposed use, as enlarged, will be
equally appropriate or more appropriate to the zoning district than
is the existing use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed use,
as enlarged, will be equally appropriate to the district as is the
existing use.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed enlargement of the Applicant's
nonconforming use, commercial structure, is hereby authorized, upon
the following conditions:
1. The proposed additions to the existing structure are
limited to those additions depicted on the submitted site plan
entitled "CONCEPT PLAN FOR ERA ATKINSON REALTY, INC., OFFICE
ADDITION, VIRGINIA BEACH, VA." prepared by Gallup Surveyors and
Engineers, Ltd., dated 19 March 2002. Said plan is on file in the
City of Virginia Beach Planning Department.
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2. The exterior materials for the structure shall be
faux shake siding in neutral earth tones. The awnings shall be
pastel colors.
3. The three (3) existing parking spaces shall be re-
located to the southern portion of the site to include a minimum
drive aisle as required by the City Zoning Ordinance, Section 203
(b) (2). A ten (10) foot landscape bed shall be installed along the
eastern, southern and western property lines abutting the parking
area (spaces and drive aisle). The landscaping along the eastern
and southern property lines shall be Category IV screening. The
landscaping along the western property line adjacent to Atlantic
Avenue shall be iow growing, a minimum of eighteen (18) inches in
height at planting and no more than thirty (30) inches in height at
maturity, to provide for adequate site distance when exiting the
site.
4. A maximum twenty (20) foot wide driveway apron shall
be installed at the entrance to the new parking area; the location
shall be determined by Public Works/Traffic Engineering.
5. The "existing paved parking area" along Atlantic
Avenue and 54=h Street shall be removed to accommodate a minimum
five (5) foot landscape bed in those areas. The landscaping shall
be Iow growing, a minimum of eighteen (18) inches in height at
planting and no more than thirty (30) inches in height at maturity.
6. The existing shed (on skids) may be relocated on the
site to provide for the installation of the parking area. The shed
shall meet a minimum twenty (20) foot setback from the property
lines along Atlantic Avenue and 54TM Street, and a minimum ten (10)
foot setback from the eastern and southern property lines.
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Adopted by the Council of the City of Virginia Beach,
Virginia on the 23rd day of April , 2002.
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CA-8462
bkw/work/nonconat kinson, wpd
R-1
April 12, 2002
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APPROVED AS TO CONTENT'
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APPROVED AS TO LEGAL
SUFFICIENCY'
Department of Law
Item VI-N. 2.
- 42 -
PLANNING
ITEM # 495 75
John C Atktnson, apphcant, represented himself and advtsed meettng personally wtth the North Vtrgtnta
Beach Ctvtc League
Upon motton by Counctlman Harrtson, seconded by Counctlman Branch, City Counctl APPROVED the
apphcatton of JOHN C. ,4 TKINSON for the enlargement of a non-conformmg office use
Resolutton authortztng the enlargement of a non-conformtng use on Lot 12,
Block 3, Ubermeer, at 5307 Atlanttc Avenue, contatntng 6, 625 square feet
(GPI #2418-89-3869)
(DISTRICT 5 - Z YNNHA VEN)
The followtng condtttons shall be requtred
The proposed addttton to the extsttng structure ts hmtted to the
addttton deptcted on the submttted stte plan entttled "CONCEPT
PLAN FOR ERA A TKINSON REALTY, INC, OFFICE
ADDITION, VIRGINIA BEACH, VA" prepared by Gallup
Surveyors and Engmeers, Ltd, dated 19 March 2002 Satd plan
ts on file tn the Ctty of Vtrgtnta Beach Planmng Department
The extertor materials for the structure shall be faux cedar shake
stdtng tn neutral earth tones The awmngs shall be pastel colors
The three (3) extsttng parktng spaces shall be re-located to the
southern portton of the stte to tnclude a mtntmum drtve atsle as
requtred by the City Zoning Ordtnance, Section 203(b)(2) A ten-
(lO)/foot landscape bed shall be mstalled along the eastern,
southern, and western property hnes abutttng the parktng area
(spaces and drtve atsles) The landscapmg along the eastern and
southern property hnes shall be Category IV screemng The
landscaptng along the western property hne adJacent to Atlanttc
Avenue shall be low growing, a mtntmum of etghteen (18) roches
tn hetght at planttng and no more than thirty (30) mches tn
hetght at maturtty, to provtde for adequate stte &stance when
extttng the site
A maxtmum twenty-(20)foot wtde drtveway apron shall be
tnstalled at the entrance to the new parktng area, the locatton
shall be determmed by Pubhc Works / Traffic Engtneermg
The "extsttng paved parktng area" along Atlantic Avenue and
54th Street shall be removed to accommodate a mmtmum five-(5)
foot landscape bed tn those areas The landscaptng shall be low
growtng, a mtntmum of eighteen (18) mches tn height atplantmg
and no more than thtrty (30) tnches tn hetght at maturtty
The extsttng shed (on sktds) may be relocated on the stte to
provide for the tnstallatton of the parktng area The shed shall
meet a mtntmum twenty-(20) foot setback from the property hnes
along Atlanttc Avenue and 54th Street, and a mtmmum ten-(lO)
foot setback from the eastern and southern property hnes
Aprt123, 2002
- 43 -
Item VI-N.2.
PLANNING
ITEM # 495 75 (Continued)
Vottng 9-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, .Ir,
Barbara M Henley, Louts R .Iones, Reba S McClanan, Robert C
Man&go, .Ir, Mayor Meyera E Oberndorf and Rosemary Wtlson
Counctl Members Vottng Nay
None
Council Members Abstatmng
Nancy K Parker
Counctl Members Absent
Vice Mayor Wtlham D Sessoms, dr
Counctl Lady Parker ABSTAINED as she and her husband own Parker Pools and Atkmson Realty ss the
managtng agent for one of thetr chents
Aprt123, 2002
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A RESOLUTION AUTHORIZING THE ALTERATION OF A
NONCONFORMING USE ON PROPERTY LOCATED AT 202
87TM STREET, IN THE DISTRICT OF LYNNHAVEN
WHEREAS, RJP, L.L.C., (hereinafter the "Applicant") has
made application to the City Council for authorization to alter a
duplex structure to a nonconforming single family dwelling situated
on a certain lot or parcel of land having the address of 202 87th
Street, in the R-5R Residential Resort District;
WHEREAS, the said duplex structure is not allowed in the
R-5R Zoning District and the proposed single family dwelling is a
nonconforming use, in that two single family dwellings will occupy
the same parcel; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the alteration of a nonconforming structure is unlawful
in the absence of a resolution of the City Council authorizing such
action upon a finding that the proposed structure, as altered, will
be equally appropriate or more appropriate to the zoning district
than ms the existing structure;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
structure, as altered, will be equally appropriate to the district
as is the existing structure.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed alteration of the Applicant's duplex
structure to a single family dwelling is hereby authorized, upon
the following conditions:
1. Two (2) 9' x 18' parking spaces shall be installed
on the site. The spaces may be asphalt, concrete or pavers.
2. There shall be no further additions and/or
alterations to the structure without the approval of the City
Council.
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3. The second floor exterior shall be faux cedar shake
siding in a ~neutral' color and/or earth tones. The first floor
exterior shall be painted to match the color of the siding.
4. There shall be no further additions to the site,
such as accessory structures, without the approval of the City
Council.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23rd day of April , 2002.
CA-84 61
bkw/work/nonconRJP, wpd
R-1
April 12, 2002
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APPROVED AS TO CONTENT'
APPROVED AS TO LEGAL
SUFFICIENCY:
Dep~rtment of Law
- 44-
Item VI-N. 3.
PLANNING
ITEM # 49576
Upon by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED an Or&nance upon
apphcatton of SPRING BRANCH COMMUNITY CHURCH for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF SPRING BRANCH
COMMUNI~ CHURCH FOR A CONDITIONAL USE PERMIT FOR A
CHURCH R040231020
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton of Sprtng Branch Communtty Church for a
Condtttonal Use Permtt for a church expanston on the east stde of N Great
Neck Road begtnntng at a potnt 104 09feet north of Harbor Lane (GPIN
#2409-10-2222) Satd parcel ts located at 1500 N Great Neck Road and
contains 9 l 1 acres DISTRICT 5 - L YNNHA VEN
The followtng conchttons shall be reqtured
One modular untt may be added behind the extsttng church
butldtng tn the area of the parking lot shown on the submttted
stte plan entttled "Overall Index Plan of Sprtng Branch
Community Church "by MSA, P C, dated 7/29/99 Thts untt
shall be removed wtthtn two years of the approval date of thts
Condtttonal Use Permit
Large planters wtth evergreen shrubs at a mtntmum hetght of stx
(6) feet from the ground shall be placed on the north and south
stdes of the trader to screen the butldmg from adjacent
properttes The type of planter and plant matertal shall be
approved by the Planntng Director or hts Destgnee prtor to
tssuance of the Certificate of Occupancy
The rematntng area of the parktng lot (currently graveled and
destgnated as "Phase H" on the stte plan approved by the
Development Servtces Center on August 23, 1999) shall be
tmproved to meet Ctty Code requtrements wtthtn two (2)years of
the approval date of thts Condtttonal Use Permit
Thts Ordtnance shall be effecttve tn accordance with Sectton 107 09 of the Zomng Ordmance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of Aprtl, Two Thousand
Two
Vottng 9-1 (By ConsenO
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr.
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker and Rosemary Wtlson
Counctl Members Vottng Nay
Reba $ McClanan
Counctl Members Absent
Vtce Mayor Wdham D Sessoms, Jr
Aprtl 23, 2002
- 45-
Item VI-N. 4.
PLANNING
ITEM # 495 77
Attorney Edward Bourdon, Pembroke Office Park, 281 Independence Boulevard, Ftfth Floor,
Phone 499-8971, referenced hts faxed correspondence to Ctty Counctl, whtch ts hereby made a
part of the record Mr Bourdon advtsed he, nor the apphcant, had recetved nottficatton of the
Reconstderatton with the exception of the phone call message from Stephen Whtte, Planmng, on April 22,
2002 Mr Bourdon returned today from betng out of the country Mr Bourdon requested deferral to
allow adequate time to prepare a response and presentatton
The followtng spoke tn OPPOSITION to the borrow ptt
Mtchael Gaubke, 2020 Shubert Drzve, Phone 434-8728
John Kummers, Tennyson Road, Phone 430-9219
Matte Danner, 804 Sandbrtdge Road, Phone 721-7606
Kevtn Wong, 1993 Sandbrtdge Road, Phone 426-1700
Wtlham Munden, 2064 Prtncess Anne Road, Phone 721-3777
Jan Munden, 2064 Prtncess Anne Road, Phone 721-3777
Dawn Mtller, 2608 Casa Court, Phone 426-5160, dtstrtbuted pettttons tn OPPOSITION
Todd Smtth, 1208 Whttestone, Phone 427-1328
Upon motton by Council Lady Henley, seconded by Counctlman Branch, City Counctl RECONSIDERED
and DENIED, Ordtnance upon apphcatton of PRINCESSBORO DEVELOPMENT COMPANY,
INCORPORA TED for a Condtttonal Use Permtt re a borrow ptt
ORDINANCE UPON APPLICATION OF PRINCESSBORO
DEVELOPMENT COMPANY, INCORPORA TED FOR A CONDITIONAL
USE PERMIT FOR A BORROW PIT
Ordinance upon apphcatton of Prtncessboro Development Company,
Incorporated for a condtttonal usepermtt for a borrowptt on the south stde
of Sandbrtdge Road, 720feet more or less east of Prmcess Anne Road
(GPIN #2414-31-4249, #2414-22-4025) Said parcel contams 64 911
acres DISTRICT 7 - PRINCESS ANNE
Vottng 9-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, 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 and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Abstatntng
Margaret L Eure
Counctl Members Absent
Vtce Mayor Wtlham D Sessoms, Jr
Counctl Lady Eure ABSTAINED as she was concerned about the Reconstderatton Subsectton (b) 8'107 of
the Comprehenstve Zontng Ordtnance deals wtth wtthdrawals and there ts no provtston theretn for a
Reconstderatton Subsectton 09 of ~107 of the CZO ts the only sectton of the CZO whtch authortzes a
Reconstderatton of any vote by Ctty Counctl on a zoning matter 3~107 clearly requires both apubhc heartng
and a vote "resulttng tn approval or dental" of the proposed amendment as pre-requtstte to a subsequent
effort by a Counctlperson on the prevatltng stde to have an approval or dental of the amendment
reconstdered It ts not proper to reconstder an apphcatton, whtch had no qffictal actton
Aprtl 23, 2002
- 46-
Item VI-N.$.
PLANNING
ITEM # 49578
Attorney Edward Bourdon, Pembroke Office Park, 281 Independence Boulevard, Ftfth Floor,
Phone 499-8971, represented the apphcant and requested REFERRAL BACK TO THE PLANNING
COMMISSION
The followmg regtstered tn OPPOSITION
Davtd Redmond, 1453 Ewell Road, Phone 464-4114
dohanna Kralowetz, 1404 Chrtsttan Ctrcle, Phone 464-6384
James Chapman, 4317 Delray Drtve, Phone 363-0781
Kathy Wdhams, Prestdent- Elect - Thoroughgood Ctvtc League, 1600 Keehng Landtng Road,
Phone 464-9405
Dan Sykes, 4305 Delray Drtve, Phone 363-8553
Upon motton by Councdman Jones, seconded by Councdman Harrtson, Ctty Councd DEFERRED to June
11, 2002, Ordtnance upon apphcatton of CHARLES F. BOWDEN for a Condtttonal Change of Zomng
ORDINANCE UPON APPLICATION OF CHARLES F BO WDEN FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-30 TO
CONDITIONAL R-20
Or&nance upon Apphcatton of Charles F Bowden for a Change of Zoning
Dtstrtct Classtficatton from R-30 Restdenttal Dtstrtct to Condtttonal R-20
Restdenttal Dtstrtct on certatn property located on the west stde of
Wakefield Drtve, south of Delray Drtve on Parcel A, Sectton 8, Part 4,
Thoroughgood (GPIN #1479-60-5795) DISTRICT 4- BAYSIDE
Vottng 9-0
Counctl Members Vottng Aye
Margaret L Eure, Wdham W Harrison, dr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Man&go, Jr, Mayor Meyera E
OberndorJ, Nancy K Parker and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
Ltnwood 0 Branch, III, and Vtce Mayor Wdham D Sessoms, Jr
Aprt123, 2002
-47-
Item VI-N. 6.
PLANNING
ITEM # 495 79
Upon motton by Counctlman Jones, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of BANB UR Y LAKE VILLA GE COMPANY, L.L.P., for a Condtttonal Change
of Zontng Dtstrtct Classtficatton
ORDINANCE UPON APPLICATION OF BANBUR Y LAKE VILLA GE
COMPANE L LP, FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 TO ,4-18 Z04021219
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton of Banbury Lake Vtllage Company, L L P ,for
a Change Of Zoning Dtstrtct Classtficattonfrom B-2 Communtty Bustness
Dtstrtct to A-18 Apartment Dtstrtct on certatn property located 65 34feet
south of Old Provtdence Road begtnntng at a potnt 7SO feet more or less
west from the eastern termtnus of Old Provtdence Road (GPIN #1456-33-
4300) Satd parcel contatns 15,941 96 square feet DISTRICT 1 -
CENTER VILLE
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 OO of the Zomng Or&nance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twenty-thtrd of Aprtl, Two Thousand
Two
Vottng 10-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker and
Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
Vtce Mayor Wdham D Sessoms, Jr
Aprt123, 2002
- 48-
Item VI-O. 1.
APPOINTMENTS
ITEM # 49580
BY CONSENSUS, City Counctl RESCHEDULED APPOINTMENTS:
COMMUNITY SER VICES BOARD
EASTERN VIRGINIA MEDICAL SCHOOL
VIRGINIA BEACH HEAL TH SER VICES AD VISOR Y BOARD
Aprt123, 2002
- 49-
Item VI-Q. 1.
NEW BUSINESS
ITEM # 49581
B Y CONSENSUS CITY CLERK TO RECORD
ABSTRA CT OF CIVIL CASES RESOLVED - March 2002
Aprtl 23, 2002
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Item VI-R. 1.
ITEM ii 49582
ADJOURNMENT
Mayor Meyera E Oberndorf DECLARED the Ctty Counctl Meettng ADJOURNED at 11:22 P.M.
oks, CMC
Chtef Deputy City Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
Aprtl 23, 2002