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MARCH 26, 1996 MINUTESLity of Vir irzia L3each "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR WILLIAM D. SESSOMS, JR., At -Large JOHN A. BAUM, Blackwater Borough LINWOOD O. BRANCH 111, Virginia Beach Borough ROBERT K. DEAN, Rima Anne Borough W. W. HARRISON, JR., Lynnhaven Borough HAROLD HEISCHOBER, At -Large BARBARA M. HENLEY, Pungo Borough LOUIS R. JONES, Bayside Borough NANCY K. PARKER, At -Large LOUISA M. STRAYHORN, Kempsville Borough JAMES K. SPORE, City Manager LESLIE L. ULLEY, City Attorney RUTH HODGES SMITH, CMC / AAE, City Clerk CITY COUNCIL AGENDA I. CITY MANAGER'S BRIEFING MARCH 26, 1996 281 CITY HALL BUILDING MUNICIPAL CENTER VIRGINIA BEACH, VIRGINIA 23456-9005 (8041 427-4303 - Conference Room - 3:30 PM A. LAKE RIDGE DEVELOPMENT RFI Robert J. Scott, Director of Planning II. AGENDA REVIEW SESSION A. REVIEW OF AGENDA ITEMS B. CITY COUNCIL CONCERNS III. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO EXECUTIVE SESSION IV. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf H. INVOCATION: Reverend Terry Clark Emmanuel Lutheran Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS March 12, 1996 2. SPECIAL FORMAL SESSION - March 19, 1996 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Consent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. RESOLUTIONS 1. Resolutions to request the Virginia Department of Transportation (VDOT) for urban system highway projects; and, that the City pay its share of the total costs: a. Acceptance of corrections/deletions to the revised road inventory for urban maintenance payments. b. Acceptance of additional streets for urban maintenance payments. 2. Resolution to authorize City Staff to make a presentation to the Commonwealth of Virignia Department of Transportation (VDOT): a. Independence Boulevard Phase IV -B b. Reallocation of Urban Funds to promote development / construction of Southeastern Parkway/Greenbelt c. Recommended improvements to 1-64 and Route 44 d. Other initiatives to enhance regional/local access. J. ORDINANCES 1. Ordinance to APPROPRIATE $4.013 from the Fund Balance and $6,563 increased estimated revenue in the Forfeited Asset Sharing Special Revenue Fund to the FY 1995-96 Operating Budget of the Office of the Commonwealth's Attorney re equipment and training to enhance the Office's law enforcement capability. 2. Ordinance to ACCEPT and APPROPRIATE $1,500 in State Grant Funds to enhance traffic safety measures and $40,000 in additional State General Funds to the FY 1995-96 Operating Budget of the Department of Mental Health -Mental Retardation - Substance Abuse (MHMRSA) to purchase a 13 -passenger wheelchair van; and, estimated revenue from the State be increased by $41,500. 3. Ordinance to ACCEPT and APPROPRIATE $64,730 in State Funding, $614 in Federal Funding, and $804 in Funding from the Inmate Telephone Special Revenue Fund for the Department of Mental Health -Mental Retardation -Substance Abuse (MHMRSA) for community-based services to adolescents; estimated revenue from the state and federal governments be increased accordingly; and, the City Manager be authorized to execute the necessary agreements. 4. Ordinance to TRANSFER $41,000 from the Tourism and Growth Investment Fund (TGIF) Reserve for Contingencies to the Performing Arts Festival Support Unit in the FY 1995-96 Operating Budget re additional City support for the festival. 5. Ordinance to authorize a temporary encroachment into a portion of the City's Drainage right-of-way to Ronald L. and Catherine T. Moore re constructing and maintaining a bulkhead and fill- in adjacent to 2005 Falling Sun Lane (PRINCESS ANNE BOROUGH). 6. Ordinance to appoint viewers in the petition of VIRGINIA BEACH SOUTH PARKING, L.L.C. for the closure of a portion of 8th Street beginning at the intersection of the Western right-of- way line of Atlantic Avenue and the Northern right-of-way line of 8th Street (VIRGINIA BEACH BOROUGH). 7. Ordinance to authorize License Refunds in the amount of 85,289.19. K. PUBLIC HEARING - PLANNING 7:00 PM PLANNING BY CONSENT - To be determined during the Agenda Review Session. 1. RECONSIDERATION TO MODIFY CONDITIONS in the January 19, 1988, approved Application of MARIE T. LAMB for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District for LYNN LTD. at the Southwest corner of Bonney Road and Kenley Road (4973 Bonney Road) , containing 7.8 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL 2. Application of LEO C. WARDRUP, III for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance, at 1057 Olds Lane, containing 14,910 square feet (LYNNHAVEN BOROUGH). Recommendation: APPROVAL 3. Application of BRIAN C. LARGE for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created to meet all requirements of the City Zoning Ordinance, at 445 Smith's Lane (LYNNHAVEN BOROUGH). Recommendation: DENIAL 4. Application for TARGET for a Conditional Change of Zoning District Classification from R -5D Residential Duplex District to Conditional 8-2 Community Business District at the Southeast corner of Princess Anne Road and Lynnhaven Parkway, containing 19 acres (KEMPSVILLE BOROUGH). Deferred for Thirty Days: February 27, 1996 Recommendation: DENIAL/Applicant Requests Deferral to 4/9/96 5. Applications of TAYLOR FARM ASSOCIATES, LLC (PRINCESS ANNE BOROUGH): a. Changes of Zoning District Classifications (1) From R-20 Residential District to R-10 Residential District, containing 6.5 acres, on: Parcel 1: South side of London Bridge Road, 1460 feet more or less West of Pine View Avenue Parcel 2: South side of London Bridge Road, 800 feet more or less West of Pine View Avenue. (2) From AG -1 Agricultural District to R-10 Residential 2650 feet more or less Southwest of the intersection of London Bridge Road and Pine View Avenue, containing 11 acres. (3) From R-10 Residential District to PD -H2 Planned Unit Development 2670 feet more or less Southwest of the intersection of London Bridge Road and Pine View Avenue, containing 17.5 acres. b. Modification to the Land Use Plan granted 14 January 1985 to T.C.C. Development Corporation on London Bridge Road West of Pine View Avenue, containing 300 acres. Deferred: Deferred Indefinitely: Recommendation: February 13, 1996 March 12, 1996 APPROVAL 6. Applications of TWIN STAR ENTERPRISES, INC., at Southeast side of North Landing Road, Northeast of Courthouse Drive, at 2371, 2380, 2387, 2388, 2395 and 2396 Court Plaza Drive, containing 6.166 acres (PRINCESS ANNE BOROUGH): Applicant requested DEFERRAL to April 23, 1996. a. Change of Zoning District Classification from B-1 Neighborhood Business District and 0-2 Office District to Conditional 0-2 Office District. b. Conditional Use Permit for a correctional facility. Recommendation: DEFER TO APRIL 23, 1996 7. Applications of the CITY OF VIRGINIA BEACH: a. AMEND Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33-72, 33-74 and 33-75 of the Code of Virginia Beach re right- of-way permits and inspection fees and public utility inspection fees. Recommendation: APPROVAL b. AMEND and REORDAIN Sections 4.1A and 7A.1 of the Site Plan Ordinance re engineer cost estimates for development and construction projects and permit and inspection fees Recommendation: APPROVAL c. Amendments to the City Zoning Ordinance: (1) AMEND and REORDAIN Section 111 of the City Zoning Ordinance re definition of correctional facility d. (2) AMEND and REORDAIN Section 801 of the City Zoning Ordinance by ADDING correctional facilities as a conditional use in the 0-2 Office District. Staff Recommends: APPROVAL ] City Council ] requests Recommendation: DENIAL ] Deferral to 4/23/96 Floodplain Regulations: (1) Repeal Article 12 of the City Zoning Ordinance. (2) Amend and Reordain Sections 238(I)(b) and 240(a) of the City Zoning Ordinance. (3) Amend the Site Plan Ordinance by ADDING Section 5B. (4) Amend the Subdivision Ordinance by ADDING Section 6.1(m). Deferred for Thirty Days: Deferred Indefinitely: Recommendation: November 28, 1995 January 9, 1996 APPROVAL (5) Repeal Section 106(d) of the City Zoning Ordinance. Recommendation: APPROVAL L. APPOINTMENTS FRANCIS LAND HOUSE HOARD OF GOVERNORS REVIEW AND ALLOCATION COMMITTEE (COIG) VIRGINIA CRIME TASK FORCE M. UNFINISHED BUSINESS N. NEW BUSINESS 1. CANCEL or RESCHEDULE CITY COUNCIL SESSIONS - May 7, 1996 (Election Day) 0. ADJOURNMENT * * * * * * * * * * CITY COUNCIL RETREAT WITH PLANNING COMMISSION MARCH 23, 1996 8:30 AM V I P ROOM - VIRGINIA BEACH PAVILION * * * * * * * * * * FY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE Event Date Time Place Budget & C.I.P Presentation Tuesday, April 2 2PM City Council Chamber Council Workshop Tuesday. April 9 9 AM - NOON Conference Room Council Workshop Thursday, April 11 4PM .- 6PM Conference Room Council Workshop (Special Workshop) Tuesday, April 16 1PM - 4PM Conference Room Public Hearing Thursday, April 18 7PM Larkspur Middle School Council Workshop Tuesday. April 23 3PM - 6PM Conference Room Council Workshop (Special Workshop) Thursday, April 25 1PM - 5PM Conference Room Public Hearing Thursday, May 9 2PM City Council Chamber Reconciliation Workshop Thursday, May 9 Following Council Session Conference Room NOTE: May 9 Regular Meeting will replace the May 7 SESSION (Re: Council election) Adopt Budget & C.I.P. 1 Tuesday, May 14 2PM 1 City Council Chamber * * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) * * * * * * * * * * 03/22/96BAP AGENDA\03-26-96.PLN MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia March 26, 1996 Mayor Meyera E. Oberndorf called to order the BRIEFING RE URBAN PARTNERSHIP to the VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, March 26, 1996, at 3:30 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent: None 2 CITY MANAGER'S BRIEFING LAKE RIDGE DEVELOPMENT RFI ITEM # 40540 3:30 P.M. The City Manager advised the Princess Anne Corridor Lake Ridge Tract Request for Interest was distributed to members of City Council and is hereby made a part of this record. The document constitutes a Request for Interest from qualified individuals and/or organizations to develop property owned by the City (Princess Anne Corridor: Lake Ridge Tract). Included in the response should be proposals for development of the tract and a discussion of the financial and organizational capability of implementing the project. This document will be forwarded to the various individuals who expressed interest. This is only a "Request for Interest". The City is under no obligation to proceed with a particular project submitted. One option would be to utilize the assistance of the development authority to meet with the individuals following the development of the Lake Ridge Plan, to determine which suggestions the City would be interested in pursuing. Robert J. Scott, Director of Planning, advised based upon the response of the "Request for Interest'; the Lake Ridge Plan would be formulated. The City has a comprehensive list of entities who would probably be interested in responding to the RFI. Some of these entities are "clearing houses ". Messrs Scott and Donald Maxwell, Director of Economic Development, have discussed the possibility of involving Barker, Campbell and Farley in disseminating this further. Mr. Scott advised the General Requirements: Identify development organization. Indicate any legal relationships, plus length of time that the organization has existed The organizations's previous development experience, particularly in publiclprivate ventures or similar projects Provide the organization's vision or project concept in sufficient detail to respond to the goals established by the City for this project. Include a discussion of the appropriate mix and general site layout of uses being considered. This should include site concept plans, rendering, narrative and whatever other materials that are deemed necessary to convey the concept Evidence that the responding development entity has financial capability to implement the proposed development; information should be submitted in accordance with generally accepted accounting standards, i.e., audited annual financial reports for the previous three years. The City prefers that these statements be audited by a certified public accountant The development entity's proposed project management (organizational) approach for developing the project; identify individuals and their expertise If applicable, the developer's previous experience in the management and operation of similar, completed facilities Developer references, including financial, tenant, and public sector sources (note telephone/facsimile numbers) How weU the submittal meets the mission and goals established for the property March 26, 1996 -3 CITY MANAGER'S BRIEFING LAKE RIDGE DEVELOPMENT RFI ITEM # 40540 (Continued) GOALS Develop a coordinated plan for the Corridor that includes established design and quality standards Provide recreational amenities for residents of the City that fulfill a variety of identified community needs Relocate Princess Anne Park to a site that better integrates the park with the proposed recreational and entertainment uses of the Corridor Support the growth of the tourism industry, especially in the areas of golf recreational, and facilities Support the expansion of our commercial and non-residential tax base through economic development, including such elements as a business park linked to research and educational facilities or a professional and tournament sports opportunity Recapture the return on the investment that the City of Virginia Beach has made to purchase the former Lake Ridge property. The Mayor believed this was an extraordinary opportunity for Lake Ridge. Mr. Scott advised May First was requested as the date for response to the RFI; however as City Council expressed concern relative adequate time, the date of response shall be June First. This will be right after the opening of the amphitheater. March 26, 1996 -4— CITY MANAGER'S BRIEFING PRINCESS ANNE ROAD ACCESS 3:50 P.M. ITEM # 40541 Jim Lawson, Real Estate, spoke as a follow—up to the controlled access for Princess Anne Road — Phase III (Ferrell Parkway) Briefing to City Council on March Twelfth. The main concern was the statements made to City Council concerning the loss of curb cuts. There is nothing in the Court documents that indicate a loss of curb cuts were the main reason damages were awarded in some of the Court's condemnation cases. The Court's instructions to the Commissioners that were heard were to consider payment for the land taken and for any damages to the residue that the Commissioners deemed appropriate. The Commissioners are not required to state their reasons for awarding damages. They consider the evidence and make their decision accordingly. The City Attorney advised if City Council eliminates existing access, it is compensable in a condemnation case. If reasonable access is provided, then it is not an issue in a condemnation case. The City Council and the VDOT Board of Commissioners changed Princess Anne Road to controlled access and went through a specific study to identify the access points for all those properties along that section of Phase III Princess Anne Road that was impacted. Reasonable access was provided to each of those properties. So, damages from access would not enter into the final taking as the status of the road was changed. If the status of the road had not changed, it would have been an issue. The City Council can control the location of that reasonable access; however, the reasonable access cannot be deprived. The City Attorney knows this issue arises with the TARGET application for a Conditional Change of Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District at the southeast corner of Princess Anne Road and Lynnhaven Parkway (KEMPSVILLE BOROUGH). A parcel may not be deprived of all access to the road; however, in Council's land use decision, they may say this use is not consistent with the traffic patterns and the proximity of that access point is too close to the intersection. The City Council may simply say this land use does not work under these existing access situations. If the landowner wishes to change the access to accommodate public health, safety and welfare concerns, they may do so. If they do not wish to do so, the City Council may deny this application. Robert Scott, Director of Planning, advised Word of Life is only one of two parcels involved in the Zoning. The City Attorney advised if ownership was in the name of one party, but there are two separate parcels, it is that property which has the right of access. If you resubdivide and join those parcels, it is the new property that has a right of access. So, not necessarily the best right of access, but reasonable access is all that is permitted to that property. Re the TARGET application, the City Council will work with City staff to ascertain if the proposed use on that site is inconsistent with the access to Princess Anne Road. In other words, if the traffic patterns generated from that proposed use are going to create a problem for the access to Princess Anne Road, the application can be denied. The access point cannot be taken away, but City Council does not have to approve the rezoning. Mr. Scott advised north of Dam Neck Road, there is a small number of large parcels, while south of Dam Neck Road there is large number of small parcels. Different techniques concerning access must be decided. Mr. Lilley advised the Comprehensive Plan is a guide for future development, but it is actually the zoning of the parcel which controls the legislative action. Mr. Scott advised he hopes Lake Ridge generates an atmosphere of higher quality and better planned land use through that area. The hurdle to overcome is the time differential between the positive effects of Lake Ridge versus when these applicants want their land rezoned. City Council should discuss parallel to the Comprehensive Plan further issues involving "big box" retail, facts involving retail capacity in the City based on population, the City's role in economic development and the overall plan for Lake Ridge. March 26, 1996 -5 - CITY MANAGER'S BRIEFING PRINCESS ANNE ROAD ACCESS ITEM # 40541 (Continued) Assistant Attorney Macali advised a comprehensive downzoning has a lot of latitude in the Courts. There just has to be a reasonable relationship between the action taken and the accomplishment of some legitimate public purpose. It is only when a downzoning is performed on a piecemeal, as opposed to a comprehensive basis, that the test is more stringent. The Court will always sustain the determination of the City given the choice between a "reasonable use" suggested by a landowner and a "reasonable use" allowed by the City Council. March 26, 1996 -6 AGENDA REVIEW SESSION 4:50 P.M. ITEM # 40542 Vice Mayor Sessoms advised this item will be discussed further during the Formal Session: 1.2. Resolution to authorize City Staff to make a presentation to the Commonwealth of Virignia Department of Transportation (VDOT): a. Independence Boulevard Phase IV -B b. Reallocation of Urban Funds to promote development construction of Southeastern Parkway 'Greenbelt c. Recommended improvements to 1-64 and Route 44 d Other initiatives to enhance regional/local access. ITEM # 40543 Council Lady Parker had concerns relative: J.4. Ordinance to TRANSFER $41,000 from the Tourism and Growth Investment Fund (TGIF) Reserve for Contingencies to the Performing Arts Festival Support Unit in the FY 1995-96 Operating Budget re additional City support for the festival. The City Manager advised the City Council needs to review the grant process and the role of the Arts and Humanities Commission before additional commitments are made. There is approximately $55,000 recommended for the Boardwalk Art Show next year. Councilman Dean did not understand how one Festival could be approved while others were denied. The City Manager advised the role of the groups needs to be clarified. Council Members Heischober and Jones advised the City Council made no commitment for next year. The Council wished to see the return on the investment. Council Lady Henley advised the Arts and Humanities Commission believed these festivals should be funded but not from the Arts and Humanities Commission. The City needed to define how to fund festivals. Mayor Oberndorf stated the City Council needs to advise the Performing Arts Festival if they do not intend to fund. There are other festivals which are funded, i.e. Fest Events in Norfolk. The Neptune Festival was funded with the intent they become self-sufficient. ITEM # 40544 The City Manager advised of concerns relative a precedent and City staff is discussing same with the applicant. City Staff recommends this Ordinance be DEFERRED INDEFINITELY. J.S. Ordinance to authorize a temporary encroachment into a portion of the City's Drainage right-of-way to Ronald L. and Catherine T. Moore re constructing and maintaining a bulkhead and fill-in adjacent to 2005 Falling Sun Lane (PRINCESS ANNE BOROUGH) March 26, 1996 - 7 - AGENDA REVIEW SESSION ITEM # 40545 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: RESOLUTIONS 1.1 Resolutions to request the Virginia Department of Transportation (VDOT) for urban system highway projects; and, that the City pay its share of the total costs: a. Acceptance of correctionsldeletions to the revised road inventory for urban maintenance payments. b. Acceptance of additional streets for urban maintenance payments. ORDINANCES J.1 Ordinance to APPROPRIATE $4.013 from the Fund Balance and $6,563 increased estimated revenue in the Forfeited Asset Sharing Special Revenue Fund to the FY 1995-96 Operating Budget of the Office of the Commonwealth's Attorney re equipment and training to enhance the Office's law enforcement capability. J.2. Ordinance to ACCEPT and APPROPRIATE $1,500 in State Grant Funds to enhance traffic safety measures and $40,000 in additional State General Funds to the FY 1995-96 Operating Budget of the Department of Mental Health -Mental Retardation -Substance Abuse (MHMRSA) to purchase a 13 - passenger wheelchair van; and estimated revenue from the State be increased by $41,500. J.3. Ordinance to ACCEPT and APPROPRIATE $64, 730 in State Funding, $614 in Federal Funding, and $804 in Funding from the Inmate Telephone Special Revenue Fund for the Department of Mental Health -Mental Retardation -Substance Abuse (MHMRSA) for community-based services to adolescents; estimated revenue from the state and federal governments be increased accordingly; and, the City Manager be authorized to execute the necessary agreements. J.S. Ordinance to authorize a temporary encroachment into a portion of the City's Drainage right-of-way to Ronald L. and Catherine T. Moore re constructing and maintaining a bulkhead and fill-in adjacent to 2005 Falling Sun Lane (PRINCESS ANNE BOROUGH). J.6. Ordinance to appoint viewers in the petition of VIRGINIA BEACH SOUTH PARKING, L.L.C. for the closure of a portion of 8th Street beginning at the intersection of the Western right-of-way line of Atlantic Avenue and the Northern right-of-way line of 8th Street (VIRGINIA BEACH BOROUGH). J.7. Ordinance to authorize License Refunds in the amount of $5,289.19. Item J.5 will be DEFERRED INDEFINITELY BY CONSENT. March 26, 1996 AGENDA REVIEW SESSION ITEM # 40546 Councilman Dean advised concerns relative: K1 RECONSIDERATION TO MODIFY CONDITIONS in the January 19, 1988, approved Application of MARIE T. LAMB for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District for LYNN LTD. at the Southwest corner of Bonney Road and Kenley Road (4973 Bonney Road), containing 7.8 acres (KEMPSVILLE BOROUGH). This item will be discussed during the Formal Session. ITEM # 40547 A deed was submitted to the Circuit Court Clerk's office subdividing property and selling 'half of it. It did not go through the City, it was just entered. The City Attorney advised an Ad Hoc Committee has been formed and meeting for the past six months to investigate this issue with representatives from the Circuit Court Clerk's Office, Mapping and Surveying, City Attorney's Office, Commissioner of Revenue and Planning Department. K2 Application of LEO C. WARDRUP, III for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance, at 1057 Olds Lane, containing 14,910 square feet (LYNNHAVEN BOROUGH). Mr. Ralph Smith, Director of Public Works, advised GPIN numbers of deeds will now be assigned only if a certification is provided. Councilman Harrison advised another method of control. The Circuit Court Clerk's office would not admit to record any deed by meets and bounds description, except by reference to an established parcel number. Councilman Dean advised Page 7 was missing from the verbatim of the Planning Commission. A copy of this missing page will be provided before the Formal Session. ITEM # 40548 Councilman Dean referenced correspondence of Edward Bourdon requesting the item be DEFERRED until either May 14, 1996, or May 28, 1996. Attorney Wright had requested this item will be DEFERRED until the City Council Session of April 23, 1996. Attorney Bourdon will be out of the State. K6 Applications of TWIN STAR ENTERPRISES, INC., at Southeast side of North Landing Road, Northeast of Courthouse Drive, at 2371, 2380, 2387, 2388, 2395 and 2396 Court Plaza Drive, containing 6.166 acres (PRINCESS ANNE BOROUGH): Applicant requested DEFERRAL to April 23, 1996. a. Change of Zoning District Classification from B-1 Neighborhood Business District and 0-2 Office District to Conditional 0-2 Office District. b. Conditional Use Permit for a correctional facility. March 26, 1996 9 AGENDA REVIEW SESSION ITEM # 40549 This item will also be DEFERRED, as it must be decided before consideration of the application of TWIN STAR: K7 Applications of the CITY OF VIRGINIA BEACH: (1) c. Amendments to the City Zoning Ordinance: AMEND and REORDAIN Section 111 of the City Zoning Ordinance re definition of correctional facility (2) AMEND and REORDAIN Section 801 of the City Zoning Ordinance by ADDING correctional facilities as a conditional use in the 0-2 Office District. ITEM # 40550 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K4 Application for TARGET for a Conditional Change of Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District at the Southeast corner of Princess Anne Road and Lynnhaven Parkway, containing 19 acres (KEMPSVILLE BOROUGH). K7. Applications of the CITY OF VIRGINIA BEACH: a. AMEND Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33- 72, 33-74 and 33-75 of the Code of Virginia Beach re right- of-way permits and inspection fees and public utility inspection fees. b. AMEND and REORDAIN Sections 4.1A and 7A.1 of the Site Plan Ordinance re engineer cost estimates for development and construction projects and permit and inspection fees Item K4. shall be DEFERRED BY CONSENT UNTIL APRIL 9, 1996. March 26, 1996 - 10 - CITY COUNCIL CONCERNS 5:10 P.M. ITEM # 40551 The City Manager distributed the School Board Budget for City Council's review. The City Manager advised if the School Board budget were fully funded, it would require an additional 7 and 8 cents to the tax increase, to be recommended by City Manager next week. The increased school enrollment is at 1% or less. ITEM # 40552 Vice Mayor Sessoms advised the City Attorney the proposed towing ordinance and the issue re placement of offensive material on the oceanfront be SCHEDULED for the City Council Session as soon as possible. ITEM # 40553 Referencing tickets for the Amphitheatere opening performances, Councilman Dean noted the out-of-state ticket scalpers and the company from Connecticut, Tickets Plus (Phone: 1 -800 -Get Tics). At 10:00 A.M. last Saturday, tickets for the Amphitheatre went on sale. The prices of the lawn tickets were $23.25 with reserved under the roof for $36.00. In fifty-eight minutes, they were sold out. The people were told to call 1 -800 -Get Tics. At 11:30 Saturday morning, the lawn tickets increased to $65.00, and at 5:30 P.M. they had increased to $89.00 and this morning they were $99.00. The reserved tickets increased from $36.00 at 10:00 A.M. to $89.00 at 11:30 P.M At 5:30 Saturday afternoon, they increased to $109.00 and this morning they were $119.00 Councilman Harrison advised the tickets were sold at Ticket Master outlets throughout the entire State. All Council Members received the correspondence Councilman Dean referenced. Council Members Harrison, Branch and City Manager Spore had a conference call with Bill Reid, Manager of Cellar Door Productions. Cellar Door has no control over Ticket Master. This outlet has no control over who stands in line and whether they are buying for their own personal consumption or whether they are buying for resale. This is unfortunately a side affect of having a world class Amphitheatre. The City Attorney will confer with the Commonwealth Attorney re counterfeiting of tickets. ITEM # 40554 Councilman Dean referenced the fish pond on McClanan's Road right off of Colchester Road. According to a knowledgeable source, "fish ponds" have an actual life of 10 years. The trucks from the "fish ponds" started on Sunday morning at 6:30 A.M. Another truck went into a ditch on Friday and dumped a load of sand. Councilman Dean was concerned as to who would be paying for the removal. "Fish ponds" do not have to go through environmental or permitting processes. The citizens also do not have any input regarding these 'fish ponds ". Councilman Dean requested the City Attorney DRAFT a Resolution for the City to not purchase excavated material from any "fish pond" in the City. The AG fish ponds are only being accessed for approximately $200. Borrow pit property is being assessed at approximately $14,000 an acre. ITEM #40555 Councilman Dean advised a CIP update is being accomplished on Bow Creek Boulevard. All of the drive way aprons in that area are being redone all the way up to and beyond the sidewalk. The aprons from the street's edge to the curb were curved and had a slight "lip". There was a bounce when cars went off the street into their driveway. Councilman Dean requested this project be reexamined. The driveways are all being redone and these driveways did not have any problems. Therefore, tax payers dollars are being wasted on unwanted portions of this project. March 26, 1996 CITY COUNCIL CONCERNS ITEM # 40556 Councilman Dean referenced the Sandbridge seawalls. The owners who have lawsuits pending with Waterfront Marine go to Court on April 19, 1996. The homeowners have been notifies, as they have failed to comply or adequately respond to the notices to repair or remove the failed bulkheads. The City is taking action to remove the bulkheads. On or about April 1, 1996, the contractor will arrive at the property and commence work. Councilman Dean has requested the City Manager arrange a meeting between Council Members Henley and Dean with City Staff to address these issues and possibly extend this time limit at least until after the Hearing. March 26, 1996 - 12 - ITEM # 40557 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 26, 1996, at 5:28 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Louisa M Strayhorn and Vice Mayor William D. Sessoms, Jr. Council Members Absent: None March 26, 1996 - 13 - ITEM # 40558 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Francis Land House Board of Supervisors Review and Allocation Committee Virginia Beach Crime Task Force Liaison - Planning Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To -Wit: Lake Gaston Water Supply Project PUBLICLY -HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly -held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To -Wt: Southeastern Parkway Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into EXECUTIVE SESSION. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Robert K Dean March 26, 1996 - 14 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL March 26, 1996 6:00 P.M. Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 26, 1996, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Absent: None INVOCATION: Reverend Terry Clark Emanuel Lutheran Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record. March 26, 1996 Item IV—E. CERTIFICATION OF EXECUTIVE SESSION — 15 — ITEM # 40559 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: William W Harrison, Jr. March 26, 1996 Resolution CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40558 Page No. 13 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive 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 Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Smith, CMC/AAE City Clerk March 26, 1996 - 16 - Item IV -F.1. MINUTES ITEM # 40560 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of March 12, 1996. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Abstaining: Nancy K Parker Council Members Absent: None Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of March 12, 1996. March 26, 1996 - 17 - Item IV -F.2. MINUTES ITEM # 40504 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED the Minutes of the SPECIAL FORMAL SESSION of March 19, 1996. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of March 19, 1996. Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of March 19, 1996. March 26, 1996 — 18 — Item IV—G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 40561 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION March 26, 1996 Item IV -L1. RESOLUTIONS - 19 - ITEM # 40562 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Resolutions to request the Virginia Department of Transportation (VDOT) for urban system highway projects; and, that the City pay its share of the total costs: a. Acceptance of correctionsldeletions to the revised road inventory for urban maintenance payments. b. Acceptance of additional streets for urban maintenance payments. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting corrections/deletions to the revised road inventory for urban maintenance payments; and WHEREAS, city personnel have reviewed the revised road inventory prepared by the Virginia Department of Transportation and have determined that some inaccuracies exist; and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these corrections to the revised road inventory; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these corrections and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted this 26th day of March , 1996 CITY OF VIRGINIA BEACH, VIRGINIA BY ATTEST CITY MANAGER/DESIGNEE OF THE CITY MANAGER RUTH HODGES SMITH, CMC/AAE CLERK OF COUNCIL Ali, RI\A CITY AiTC"."vI+ O N 2 0 1- W CA J I- LLS W 2 0 W S qL O :L- 0. a 2 N 10 OOLW.i.0 N - 2 d •� F. < • w > .• 1. .- L_ O 0 gv-M> 4- < W < 5 O OC W J •� N I-0. uB N •-• 0 U U CA g W H N QC W G 3LL W LY c W U atJ d OC W CO 0 It ' W CO • y U y 2 < O J 7 J LI..2• IiU►-O v LANE MILES �t M 0 o CO • 0 N M 0 NO �A 0 CO 0 •1 O -t 0 0 Ai 0 •O 0 •O O e - NUMBER OF LANES N N N N N N co N N N N N CENTER- LINE MILES 11. L� O O N O IA 0 I, 0 CO 0 O 0 lel 0 Al 0 O 0 O MO (A 0 PAVEMENT WIDTH (FEET) • 0 M 0 IA •0 M • •O M • •O M 0 M •O M 0 M 0 M • 0 M • 0 M • 0 M x 1 3 1- W UJ LY �u_ 3 v 0 IA 0 IA 0 In 0 •O 0 •0 0 In 0 •I 0 Ln 0 In 0 N 0 tr 0 In TERMINI FROM TO AUTUMN HARVEST DR PLEASANT CIR PLEASANT CIR INDIAN LAKES BVD FERRELL PW .24ME FERRELL PW .24ME FERRELL PKY LYNNHAVEN PKY LYNNHAVEN PKY BATTLEFIELD RD SHARBOT DR BATTLEBORO DR BELSPRING DR DEAD END ARCHDALE DR DEAD END 0.02MW ARCHDALE DR ARCHDALE DR CHESTWOOD DR .02 MN AMERICAN ELM CT HOLLAND RD SPARSEW00DS CT CHESTW00D DR DEAD END STREET NAME ROUTE NUMBER * PLEASANT VALLEY RD PLEASANT VALLEY RD PLEASANT VALLEY RD PLEASANT VALLEY RD PLEASANT VALLEY RD 1PLEASANT VALLEY RD PLEASANT VALLEY RD LY 0 gg 2 LC OC LIC 0 2 LC LIC !BALD EAGLE RD CHESTWOOD DR ROSE PETAL DR 0 0 0 0 W W W W r W *COUNCIL RESOLUTION & MAP ATTACHED W 1- < 0 ac Lu W W 2 2 2 W ✓ 2 W 0 N W LIC W 1- < 0 CC W W 2 LJ 2 W 0 0. 1- i L. 412 0 W 2 N - • •W 0 N i N . N O W N J f W Z W > 0 O CL CL gU�"C N .•2d•� > - F- < 01 .»F-. t .. F- OptA 0 0 •-• M > m9 • uJ 0 UJ CK < .M -124 W ►- a 0 CA 0-• NU COCA g Z H 162.g aw O W OC .., o 00 VI H J e- W A J 5. O ▪ G E vL. CC W v O_ N_ J = •COUNCIL RESOLUTION 8 MAP ATTACHED w H O OC W UJ Z_ W ✓ z W O y LU 0C 0 W 2 t7 H W M c w F O OC W w 2 C7 W O 0. w O 0. a N r W V1 J 1 - LU 2 0 W Z 0< a 2(/) .-Y 0 Ow -•C N gid? O ••- 0▪ O `UlM� • r<5O in LU?41C UJ _J .- Y 1-. C. u� N •-• Y CJ C7 N 8 z— u. i 1 - IA oC W O 3u. W CC r .1.- M07 E4 OCC W N • (/)ma- C) N� Y uu-W--a. 0 N W W 2 -J J • CC Vl W W CO O < J 2 2 I- W xr Z r W W O W �.IV a. = a Po M es 2 1•- - 0 W OC�LL Z 0 IA O r O 4. 2 Z CC W r FERRELL PW INDIAN LAKES BVD PLEASANT VALLEY RD W 1.- 0 v W 0 CC W UJ W 2 2 (.7 2 C7 W 2 W Q ✓ Ira 2 Y O_ CO O N W_ W CC U. UJ U2 J y U *COUNCIL RESOLUTION B. MAP ATTACHED w O VI 2 0 W U J J OWeoc ILI 1- m OC O co y 2 • 3i - 1It - .- J Ql C0 E d 000e - v W U1 ,y M) U CO >- 2 2 Q 0 J M -I 0.2 IL Ur 0 v Ca Z J J 2 Oo. 0 i' 0 0 IA N IIA 0 N 4 NUMBER OF LANES 4 4 .t .O .t .t CENTER- LINE MILES N O - 0 Al 0 1 0 0 O .." PAVEMENT WIDTH (FEET) M 43 43 CO Ps Al R/W WIDTH (FEET) O IA 0 V1 0 1A 0 IA 0 IA 0 in STREET NAME TERMINI ROUTE NUMBER * FROM TO INDIAN RIVER RD FARRELL PW INDIAN RIVER RD INDIAN RIVER RD .14MW CENTERVILLE .27MW CENTERVILLE INDIAN RIVER RD .27MW CENTERVILLE .47MW CENTERVILLE INDIAN RIVER RD .47 CENTERVILLE LEVEL GREEN BVD INDIAN RIVER RD CENTERVILLE TPK .14MW INDIAN RIVER RD KEMPSVILLE RD CENTERVILLE TPK O O m O u P O U *COUNCIL RESOLUTION & MAP ATTACHED W O O O W y W a D m 0 W W y y -J U 0 N 0 1 - UJ - N J r W C] W • < 0 o< a Z N 0 c) . -'C N r Z -t •� - r< C1 .-. .. L 0 - O0 0N M 2> N `- m W < CO_ 0 OC <++ ✓ d V o N .. 411 p� U_ N O LL Cr▪ ) OC W O 3LL W OC W < •- JOC W ar W OC OC < s� ✓ J I • D E 4 o a< - v 0 0 W *COUNCIL RESOLUTION 8 NAP ATTACHED W 1- 0 O w W W O W w 0 N W OC w 1- U.1 W W 2 t▪ 7 W a 1. - RESOLUTION WHEREAS, the Virginia Department of Transportation requires a council resolution prior to accepting additional streets for urban maintenance payments; and WHEREAS, the attached streets have been constructed in accordance with standards established by the Virginia Department of Transportation; and WHEREAS, the City of Virginia Beach has accepted these streets and has agreed to maintain these streets, and WHEREAS, a representative from the Virginia Department of Transportation has inspected and approved these streets; now THEREFORE BE IT RESOLVED, that the Council of the City of Virginia Beach, Virginia does hereby request the Virginia Department of Transportation to accept these streets and to begin paying urban maintenance payments to the City of Virginia Beach based on the established rate. Adopted this 26th day of March , 1996 CITY OF VIRGINIA BEACH, VIRGINIA BY CITY MANAGER/DESIGNEE OF THE CITY MANAGER ATTEST RUTH HODGES SMITH, CMC/AAE CLERK OF COUNCIL w O • 0 N IMO W in J S— US 2 pD = O O. N r 0 U 0 r C y r <? O 1— 00 • 000.+P > N M m�<50 j = �+ 41 ►- 0. U N• -+d C7 p� L.I O z i 0— VI K w C193 0 OfW URBAN MINOR CITY OF VIRGINIA BEACH MUNICIPALITY y = J J Z N O r O O 03 r r K W W E O < 2 J r 4 4 N N N W W W .=..J _• W J Z 4 0 v O 0 M M =r W 0 0 W OL Z v O N r O r 0 r O N O N O IR 0 r 818' NE PRINCESS ANNE RD 345' NE PRINCESS ANNE RD 345' NE PRINCESS ANNE RD PRINCESS ANNE RD S INDEPENDENCE BV PRINCESS ANNE RD 5 W J S INDEPENDENCE BV 3115' NE PRINCESS 818' NE PRINCESS ANNE RD .1220MS RUDEE INLET BRIDG S END RUDEE INLET BRIDGE NORFOLK AV GENERAL BOOTH BV s N 0 GENERAL BOOTH BV PACIFIC AV S 1 7.4 z 2 W N atW C W tJ CLASSIFIED BY N Z 0 W N J z W Z 0 W acS 0 Q O Z N 10 O O U C N •-• cc > r •- L O O 0N M m W < 0 O CC ELI .J OC Q d7 I— O. u0 N -• d U qCU N O N CC0 W O W OC m O O 0 W W EU W W W *COUNCIL RESOLUTION 8MAP ATTACHED OC ELIW 2 Z W 2 2 W p N W OC W p CC W W 2CO_ 2 Z W O O. CO) 0 O 1- W N JF - W W O CL O c141 u•- C V) • • -a . I- CA N �o 0--M;> O4K N M < 1-Q C O CO W 0 Q++ N 4-au� N•- WU U N OC — O LL 0 r N w 0 LL w W op E d 0 cc LL v W O W O 1- 4- z ,- w m O_ O N W_ W OC LL 2 CO N 0 G J N U 110 W W W W W W W W W W W W N 2 0 r W N J 1- W 2 0 W Z Of >- 0 O G a 2 NZ a-- 03 — OU. C N —2.f•— r -a . CA> .... r - 1- 0 N 0 — 0 0N 0 4C NM m> W R O O O: WJ•.- d 1- Q ( 1- N- 01 C.3 - 0 - N O 2 u_O I- CA IX O W O 0 W O W OL J t m O C,� C J E v • L. 0 t v ▪ O 1U • W W - UJ CU ▪ W W 1� 10. U. 1 W ✓ 0 0 OC W W Z_ Z W z z W 0 N W OC 0 W 2 c0 N W I- ••( 0 0 CC W W Z_ C7 2 W 0 0. 1 - w O N 0 0 1- W V) J Z W Z 0 W < 0 O < Ct. Z N0 24 W Ove C N_ -+ZJ•- > >- -. L N • O O 0 M > 0 < N M Z> N •iw. CO W < 0 O 7 OC< .-N 1-d UB N - 4) U pC UN O U_ N IX O W O O U O W CC W v W N oft . fx)Q) ,- U N i - Z < O J U.U1-0 ICASSELBERRY LN CASSELBERRY LN 50 I 30. I 0.25 2 0.5 II Z J -J Z 0 0 •- 0 - 0 . O N 0 N 0 0 1 0 0 0 • 0 0 0 NUMBER OF LANES N N N N N N N N Al Al Al CENTER- LINE MILES Al O 0 CO 0 O 0 LA N 0 e O 0 O O N 0 0 0 0 0 0 0 PAVEMENT WIDTH (FEET) M M CI M O M M O M O M O M • O M O M O M R/W WIDTH (FEET) O U1 O U1 0 U1 0 U1 0 U1 0 V\ 0 1A 0 IA 0 IA 0 111 0 U1 TERMINI FROM TO WHITLEY PARK DR CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC WHITLEY ABBEY DR CUL-DE-SAC SALEM RD MIDDLEHAM DR DONNINGTON DR SOUTHCROSS DR MOORLAND DR CUL-DE-SAC CASSELBERRY LN CUL-DE-SAC LAMPL AV EDINBURGH DR CASSELBERRY LN CUL-DE-SAC MOORLAND DR CUL-DE-SAC LAMPL AV CASSELBERRY LN STREET NAME ROUTE NUMBER w TUTBURY CT WENLOCK CT WHITLEY ABBEY CT WHITLEY ABBEY DR WHITLEY PARK DR 1- U 1 _ 1- U O m ICASSLEBERRY LN 1 DUNMOOR CT NEATHMOOR CT MOORLAND DR STRATHMOOR CI O C7 O t7 0 C7 W O K W W z 2 W 1- z W O N W Cd O W 2 C7 N LU O CC W W 2 WYLD2 2 W O a 4- N N Z O ✓ W N JF - W Z 2 o > aa 3Lei -. C N -Z �t •0 ra rn > 0 r 0 r 0p of O ppO a N M Z 7 N m W a 0 W I-0.0 H ••• NU U N 2 0 O 2 LL N W O 0 3LL OC LL v W CO • Lei 4-4 U N 3,- 2 2 a O ;gIL U r O CA J _ J Z .0 O ON - 0 CO O N O 0 0 P 0 0 O 0 .1.S2 1 0 r' 0 IA 0 NUMBER OF LANES N Al N N N Al N N N Al N Al CENTER- LINE MILES O O Al IA O PA •- 0 O O w- O J O .1 O S O 0 O N O O O N O PAVEMENT WIDTH (FEET) 0 M • 0 M • 0 M 0 M 0 M • 0 M • O M • 0 M • 0 M • 0 M • O M • O M R/W WIDTH (FEET) (A IA IA IA U1 IA IA `O 0 Y1 0 IA •O •O TERMINI FROM TO MONDRIAN LP CUL-DE-SAC VERMEER DR VERMEER DR MONDRIAN LP MONDRIAN LP WARWICK DR MONDRIAN LP SUGAR MAPLE DR CUL-DE-SAC HOLLAND RD CUL-DE-SAC ICURRITUCK DR CURRITUCK DR ALLEGANY ST ALLEGANY ST CURRITUCK DR PULASKI LOOP ALMANACE CI ALMANACE C1 ALLEGHANY LOOP ALLEGHANY LOOP ALLEGHANY ST PAMLICO ST STREET NAME ROUTE NUMBER MONDRIAN CT MONDRIAN LP VAN LOEN DR VERMEER DR U 1 14C SUGAR MAPLE DR ow U II1 ALLEGHANY LOOP ALLEGHANY ST 0 1 CULPEPPER ST CURRITUCK DR O g M_ x M_ S M_ x M_ x *COUNCIL RESOLUTION 8 MAP ATTACHED W a O CLASSIFIED BY Z t9 2 G 0W r fr) to U �+ - W LL U LL o a J at • a U C W F N •• gW ++ VI OL w O 'O N 0 0 1- W N J 0 2 0 Z 0 o< a 2 N 41 - O ▪ ▪ ow -C N 0+ 2 .t r< a Cf j ... -r-u 0 0 O N O 00p N <>.4- < • M ► <CO CO W 0 CIL CU -1 W HC. U� N«+ W U U N CIC 0+ O Z 1- N qC W o O W CIC CO W N . N m ... CI N I,- 2 < O J 2 u-C.)I-0 PENDER DR CUL-DE-SAC 50 30. 0.02 2 0.04 PENDER DR CUL-DE-SAC 50 30. 0.02 2 0.04 Z J J_0 E ILA 0 0 0 AJ P 0 N 0 4 . 0 N 0 Al NI 0 0 4- NUMBER OF LANES Al Al Al N Al N N N N Al CENTER- LINE MILES N O 0 0 ...tN 0 0 0 A. 0 0 r 0 N 1 0 in O 0 0 PAVEMENT WIDTH (FEET) MMMMMMMMMM 5 -- 3 I- w ix - twi = v> CC < 0 IA 0 N 0 IA 0 to ��pQ `� 0 IA 0 it 0 `O 0 .O 0 1- 2 2 W 2 1- 5 CC w LIVINGSTON ST ALLEGHANY 9T. LIVINGSTON LOOP CUL-DE-SAC CURRITUCK DR CURRITUCK DR PULASKI LOOP PULASKI LOOP NANSEMOND ST NANSEMOND ST CURRITUCK DR NANSEMOND LOOP NANSEMOND LOOP NANSEMOND LOOP NANSEMOND LOOP NANSEMOND LOOP PAMLICO ST PALMICO ST ICURRITUCK DR PAMLICO LOOP STREET NAME ROUTE NUMBER w 0 oL LIVINGSTON CT LIV!NGSTON LOOP 1- N J W 2 N W 2 N 0 CC y� W 0 < = 21 ILI 2 1- N z W ]L 2 J o 0 i 06a N 0 PENDER CT NORTH PENDER CT SOUTH M_ M_ M_ _ M_ M_ M_ M_ S S S S 5 5 S S _ S 5 5 _ S •COUNCIL RESOLUTION & MAP ATTACHED W O O z N N u a L 1- •C o. d c c 0 W w •+ 61 N CC rn 0 r W N J r W p W CC O < a C) N _N O 2 W O U •- C •-• 2 J •^ ON 0 O •M> CI N < M 2 > N v P. CG W< 0 ac W J •••• oI O CC --a u o Cf! • • O) U U H CC •+ O 2 W � N CIC W O W N • y . . UN > M.LJazP. 0 soy • ALLEGHANY LOOP CUL-DE-SAC 110 30. 0.02 2 0.04 BALD EAGLE RD CUL-DE-SAC 50 30. 0.1 2 0.2 RED BARN DR CUL-DE-SAC 50 30. 0.11 2 0.22 CHESTW000 DR CUL-DE-SAC 50 30. 0.09 2 0.18 2 J < •••• J 2 N 0 00 O O O CO 0 O O 0 O • 0 N 0 NUMBER OF LANES Al Al N N N N N N CENTER- LINE MILES PI r' 0 M o 0 0 O 0 Pel 0 N 00 O IV w. 0 PAVEMENT WIDTH (FEET) O M O M O M O M O M O M O M O M IS 2 F- /••- W CIC 0 u. 3 v 0 IA 0 IA 0 IA 0 Ir 0 N N r. 0 V1 0 N STREET NAME TERMINI ROUTE NUMBER + FROM TO ALAMANCE Cl ALAMANCE CI PULASKI ST PULASKI ST CURRITUCK DR PULASKI LOOP PAMLICO LOOP CUL-DE-SAC PAMLICO LOOP CUL-DE-SAC :NORTH LANDING RD CURRITUCK DR WILCOX DR CUL-DE-SAC LIVINGSTON LOOP LIVINGSTON LOOP CIC O ac 2 W a O _ ac J 0 PULASKI ST ROWAN PL UNION PL WEST NECK PY WILCOX CT WILCOX DR J Cl 13.1N _ BALD EAGLE BEND BROADACRES WAY CASSENA CT _ _ _ M M_ M_ M M r 2 S S S S = S 2 M_ S 144 PIO 1140 W 4 O CIC W W 2 2 W 0- 2 W p W OC O W 2 C9 N Oa O W_ W N N J U W r O N H Z 0 UJ W 1- J 1- LU 0 U.1 a Z ••- - O ▪ o V • C — Uf - 1 •- �Q • w > —1-.- --1- p0pN OO Q•t-• P > rei W 0 CC W J •.- d I.-0. 0 N-••• 41) 1...1 CC -•• O e- co CC W O O w W CC FUNC. CLASS (TPD USE ONLY) HOLLAND RD CUL-DE-SAC ! 50 I 30. 0.09 2 0.18 H J J X 1 0 J 0 N O 0 OZ 0 0 0 e 0 0 N 0 -V 0 N 0 NUMBER OF LANES N N N Al N N N N N N N CENTER- LINE MILES N N O N N_ O 0 I!1 0 0 M 0 0 Al 0 0 •O 0 0 In 0 0 • 0 CV 0 0 PAVEMENT WIDTH (FEET) O M • O M 0 M 0 M • 0 M 0 M 0 M • 0 M • 0 M • 0 M 0 M x 1- 3 1- W OC 0 IL 3 v 0 In 0 in 0 in O In 0 In 0 In 0 In 0 In 0 In 0 In 0 In TERMINI FROM TO CHESTWOOD DR CUL-DE-SAC HOLLAND RD CUL-DE-SAC GOOSEBERRY DR CUL-DE-SAC PLEASANT ACRES DR CUL-DE-SAC PLEASANT ACRES DR CUL-DE-SAC PLEASANT ACRES DR CUL-DE-SAC w 0 Q U tY ix Q m 1- U W Z 0 1- N Y W W CC U DENSEW00DS LA CUL-DE-SAC GOOSEBERRY DR CUL-DE-SAC CREEKSTONE CT CUL-DE-SAC MAPLE SHADE DR CUL-DE-SAC STREET NAME ROUTE NUMBER ICHESTW000 BEND CREEKSTONE CT EDGESTONE CT FARMINGDALE CI FENCE POST CT FRESH MEADOW CT GOOSEBERRY DR (GREAT VIEW CT r uW g 1-.. N CC la1 x LAPSTONE CT !MAPLE SHADE CT MAPLE SHADE DR r 004 ONO *COUNCIL RESOLUTION 8 MAP ATTACHED W O CC W W Z C.7 W 1- z W O N W QC 0 w Z N O cn 0 r W N J 1- W W 0 > O0 O - 0 6u.'C cif ►. z J •^ H 6 I <A ] ►. -. L -1- OQN O 0 0N M <O 6 C 0 W 0 0: CU ••-• 0 CIL se 4, 1-0. U� N •-• N U pL C-) N O W H N g W W OC W N . N = U H >- 2 2 6 O J 1=L U I- 0 LANE MILES M 0 CO 0 O o O 0 • O 0 N 0 O 0 O 0 O o 0 o 0 NUMBER OF LANES N N N N N N N N N N N N CENTER- LINE MILES O 0 O 0 O o O CO O o O O 0 O 0 O 0 O 0 O CO O PAVEMENT WIDTH (FEET) • 0 M • 0 M • 0 M 0 M 0 M 0 M 0 M 0 M • 0 M • 0 M • 0 M • 0 M R/W WIDTH (FEET) o IA O IA O IA O IA O IA O IA 0 If1 0 IA 0 IA 0 111 0 111 0 IA TERMINI FROM TO BALD EAGLE RD CUL-DE-SAC PLEASANT ACRES DR CUL-DE-SAC BALD EAGLE RD CUL-DE-SAC PLEASANT ACRES DR CUL-DE-SAC HOLLAND RD HOLLAND RD PLEASANT ACRES DR BARRICADE 'PLEASANT ACRES DR CHRISTOPHER FARMS DR PLEASANT ACRES DR CUL-DE-SAC PLEASANT ACRES DR CUL-DE-SAC ROSE PETAL DR CUL-DE-SAC PLEASANT ACRES DR CUL-DE-SAC MAPLE SHADE DR CUL-DE-SAC STREET NAME ROUTE NUMBER * U Z 1- u v pz Z MYRTLE OAK CT PLEASANT ACRES CT PLEASANT ACRES DR PLEASANT LAKE DR RED BARN DR SAW MILL CT TAYLOR FARM CT WEAK BRANCH CT WHEATHUSK CT WILD CHERRY CT 1.0 Ime *COUNCIL RESOLUTION & MAP ATTACHED W O W W Z W 1- z W O N W OC W a O 8 -J LANE FUNC. MILES CLASS (TPD USE ONLY) UPPER GREENS PL CUL-DE-SAC 50 30. 0.04 2 0.08 UPPER GREENS PL ROAD UNDER CONSTRUCTION 50 30. 0.09 2 0.18 ..- o - o CO o M o N r- N 0 O 0 N 0 IV N 0 N 0 NUMBER OF LANES N N N N N N N N N N CENTER- LINE MILES o O 0 O 0 0 .CO O INJ O O 0 O 0 O irm O NI O PAVEMENT WIDTH (FEET) O M 0 M 0 M 0 M 0 M r. d • 0 0 I 0 -t 0 1,1 R/W WIDTH (FEET) IA NO le. 111 V1 0 .- U1 1!1 CO V1 TERMINI FROM TO COMMODORE DR CUL-DE-SAC OLD DONATION PY TREELINE RD GREAT PINE RD CUL-DE-SAC CUL-DE-SAC CUL-DE-SAC VAUGHAN RD CUL-DE-SAC DAM NECK RD DEAD END - SCHOOL SHADE TREE ST CUL-DE-SAC HIGHGATE GREENS BV CUL-DE-SAC PRINCESS ANNE RD UPPER GREENS PL UPPER GREENS PL MCNELLY LN STREET NAME ROUTE NUMBER * (BECKMAN COVE W. v 5ac (PINE NECK CT CIL W z UJ Ir CO O ac 2 ,- O. a CD 0 FW- < 0 u ar CO m U c CO Co) - CD2 a ILI t7 oc MULKERIN CT SANDERSON LN O r Y Y Y *COUNCIL RESOLUTION & MAP ATTACHED W r 0 0 W 2 V) W 2 - cc oc W W 2 2 2 W O a 1- O 4- W V) J W 2 C W Z N 0 *IC 0. z ti CO O 2 W• o v c N .••• 2 4 1••• rn > .•.►-� L O r 0Q N 00 <VIM> CO W Q 0 O O OC 6•- QJ ro u0 N •-• GI V 0 IA O aL � r Z W CC W O W OC LANE FUNC. MILES CLASS (TPD USE ONLY) co O 0 0 .- 0 ..O 0 0 0 • 0 N 0 CO 0 -* 0 st 0 0 0 `.- 0 NUMBER OF LANES N N N N N N N N N N N N CENTER- LINE MILES • 0 O 0 0. 0 0 0 0 0 N 0 0 0 0 N 0 0 0 0 0 0 0 PAVEMENT WIDTH (FEET) O M O M O M O M • O M • O M • O M O M O M co M O M O M = t- 0 W OC - i.1. 2 v 0 in 0 IA 0 IA 0 IA 0 IA 0 IA 0 IA 0 V1 0 IA 0 V1 0 V1 0 IA 0 I- .-. 2 1 OC W H OC W HIGHGATE GREENS BV LOWER GREENS PL PLEASANT RIDGE RD CUL-DE-SAC PLEASANT RIDGE RD CUL-DE-SAC KITIMAL DR CUL-DE-SAC KITIMAL DR CUL-DE-SAC BOLD RULER DR CUL-DE-SAC CUL-DE-SAC (T -INTERSECT) CUL-DE-SAC SUMMER LAKE LN CUL-DE-SAC BOLD RULER DR SANDY LAKE CT DAM NECK RD CUL-DE-SAC SUMMER LAKE LN CUL-DE-SAC KITIMAL DR CUL-DE-SAC STREET NAME ROUTE NUMBER UPPER GREENS PL PLEASANT RIDGE CT WILLIAMS RIDGE CT HILLSHIRE WY KITIMAL CT cc 0 J t I- IC SANDY LAKE CT SUMMER LAKE CT 2 -4 J OC / TANEVA CT/FRMLY DWYER RD WARM SPRINGS CT 5W OC '•' = 3 N •O •O r r Y J J O_ O_ Z Z Z Z Z O_ Z O_ 2 *COUNCIL RESOLUTION 8 MAP ATTACHED O 0 OC W OC W W _2 W 2 LI2 2 I7 W 2 W Q I- arm 2 3- 0CU CO V) 0 W OC IL W V) 2 V) C7 6 8-8 N U W 2 V.. N 0 0 0 ee O. O. 0 I v W CO • N 7 ^ UVl Y <p J I- vvZ. v . LANE MILES M 0 ir 0 O 0 O 0 M 0 NUMBER OF LANES N N N N N CENTER- LINE MILES d O 0 O 0 O 0 O O PAVEMENT WIDTH (FEET) • 0 M 0 M • 0 M O M • 0 M R/W WIDTH (FEET) 0 In 0 U1 0 U1 0 U1 0 UI TERMINI FROM TO CUL-DE-SAC CUL-DE-SAC BRASILENO DR CUL-DE-SAC BRASILENO DR CUL-DE-SAC VERANO CT CUL-DE-SAC BRASILENO DR CUL-DE-SAC STREET NAME ROUTE NUMBER r c3 a. H W IVALIENTE CT V IVERANO CT I N Z-1 N N r I I Z *COUNCIL RESOLUTION 8 MAP ATTACHED C W 2 0 N W C OC W W 2.1z W 1- z W C N W OC W a 0 0 FUNC. CLASS (TPD USE ONLY) N W W 2 J J Z M f- NUMBER OF LANES IA V1 d CENTER- LINE MILES N N 0 •0 O 0 1A 0• 0 PAVEMENT WIDTH (FEET) 111 1A (, R/W WIDTH (FEET) 0 00 f,) IC O .I- O 1- 2 Z OIC W 1— g ac d PEMBROKE BV N WITCHDUCK RD INDEPENDENCE CI PEMBROKE BV JEANNE ST INDEPENDENCE CI STREET NAME ROUTE NUMBER INDEPENDENCE BV INDEPENDENCE BV INDEPENDENCE BV *COUNCIL RESOLUTION 8. MAP ATTACHED 0 W 2 C7 N W H 0 -J U d d W 0 CO 0 W 1. N N J U N W ▪ - N J F- W 2 O 1 o. a 2 N O O V C • F t • N > O • - P- OO N N • r_ N M 00 p0.--.111> *.ty t 0 0 • W OC 0 ixd 1) N- CIU V N g 1- N OC W o 3u - W OC N ►- J ILI -1 O < WCC 1.1 W 4C� OC O. W W v W N . blm-' 0 N Y 2 Q O J �U1-0 N ILI ILI 2 J_ J= •0 O• 0 CV to N NI IA to N 03 ti 0 NUMBER OF LANES CENTER- LINE MILES NI eN•• O v O a 0 M O tel 0 PAVEMENT WIDTH (FEET) • 03 • i° s • 1 R/W WIDTH (FEET) P COO 11-P O 0 1- 2 1 C[ W 1- 11. 64 OVERPASS REGENT UNIVERSITY DR LEVEL GREEN BV 64 OVERPASS CENTERVILLE TP KEMPSVILLE RD REGENT UNIVERSITY DR CENTERVILLE TP KEMPSVILLE RD SPLIT I.R. RD/ FERRELL PK STREET NAME ROUTE NUMBER * ix OC $$ ac K !INDIAN RIVER RD K ac OC t< $ 0C at CC 2 *COUNCIL RESOLUTION & MAP ATTACHED W r OC W W 2 2 W 1- 2 W O N W CC 0 W 2 G7 N 0 0 O) 0. N O 10 W N J 1- W z 0 W o. a a o co 01 • - ▪ 0 LI C N F <1.^N c ▪ 0 N M 0 4- m W 0 O IX.1CM 1 -CL 1)CP N-- CIU U N CC •-• z u- 1 - CI) 1- U) CC W O 31" W CC N 1- W W W U 1 UJ n CC W m N C 0U r H z • sS E OCC 1. v W W 1- t D Of W CC W W z z 0 z 0 W z W caa- 1- /- Hz )- co m 0 0 co) W_ W CC LL 0 — us co LI a J N 0 *COUNCIL RESOLUTION & MAP ATTACHED 0 O 1- W N J 1- W 0 W OC W r N_ *COUNCIL RESOLUTION 8 MAP ATTACHED W 1- a 0 CC W W 0 2 W 1- z W 0 H W ae J W 1� a 0 IL O J Item IV -L2. RESOLUTIONS - 20 - ITEM # 40563 John Herzke, City Engineer, advised basically the Southeastern Expressway, as presently proposed would go from Route 64 at the 464 Interchange through Chesapeake coming up through Virginia Beach crossing Indian River Road, Princess Anne Road going to the Lake Ridge/Dam Neck and then running along the east side of the Oceana Naval Air Base. This will entail three basic phases: Phase I: Phase II: Phase III: Route 44 to Dam Neck. Dam Neck to Princess Anne Road Princess Anne Road to the Chesapeake City Line. E. Dean Bloch Director of Management Services, advised financing will consist of three (3) main sources. It is assumed the facility will not be a toll road. Based on preliminary data, the cost of the facility within Virginia Beach is expected to approach $262 -MILLION. Source #1: VDOT Cash Associations Directly Provided $ 90.5 -MILLION Analysis based on utilizing a portion of the total annual VDOT allocations averaging $22-24-million/year over the project period. Source #2: City of Virginia Beach Charter Bonds $ 96.5 -MILLION The debt service for these bonds will be provided in two ways: $35 -MILLION of the bonds will be supported by the General Fund, as would the City's share of any highway project. $61.5 -MILLION of the bonds will be supported by the use of VDOT allocations for debt service. (State law permits the use of up to one-third of such allocations for debt service These sums are in addition to cash allocations shown above). The City bonds allocated to this project represent less than 18% of all charter bonds projected to be available over the project period. Sale of these bonds can be accommodated within existing debt policies. Source #3: National Highway System Funding. $ 75 -MILLION The City will seek allocations of NHS funds to support the project 1 The first such allocation will not be expected until FY 1999/2000. Total $262 -MILLION The following spoke in SUPPORT of the Southeastern Parkway/Greenbelt: Harry Lester, President - Virginia Beach VISIONS, P.O. Box 68051, Phone: 499-7003, Attorney Kevin Cosgrove, 4512 Virginia Beach Boulevard, Phone: 499-1223 The following spoke in OPPOSITION: Mary Heinricht, 5016 Mosby Road, Phone: 460-0750, represented SAVE Reba S. McClanan, 3224 Burnt Mill Road, Phone: 340-8835 Patricia Ingmire, 977 Donation Drive, Phone: 464-0728 Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065, represented the Back Bay Restoration Foundation Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 March 26, 1996 Item RESOLUTIONS - 21 - ITEM # 40563 (Continued) Councilman Dean requested a division of the question and the Southeastern Expressway Project be voted upon by the citizens in a Public Referendum in the November Presidential 1996 Elections. A motion was made by Vice Mayor Sessoms, seconded by Councilman Harrison to ADOPT: Resolution to authorize City Staff to make a presentation to the Commonwealth of Virignia Department of Transportation (VDOT): a. Independence Boulevard Phase IV -B. b. Reallocation of Urban Funds to promote development / construction of Southeastern Parkway/Greenbelt. c. Recommended improvements to 1-64 and Route 44 d. Other initiatives to enhance regional/local access. A SUBSTITUTE MOTION was made by Council Lady Henley, seconded by Council Lady Parker to ADOPT:Resolution to authorize City Staff to make a presentation to the Commonwealth of Virignia Department of Transportation (VDOT): a. Independence Boulevard Phase IV -B c. Recommended improvements to 1-64 and Route 44 d. Other initiatives to enhance regional/local access. Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE) Council Members Voting Aye: Robert K Dean, Barbara M Henley, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Voting Nay: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None March 26, 1996 Item IV -I.2. RESOLUTIONS - 22 - ITEM # 40563 (Continued) Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Resolution to authorize City Staff to make a presentation to the Commonwealth of Virignia Department of Transportation (VDOT): a. Independence Boulevard Phase IV -B b. Reallocation of Urban Funds to promote development / construction of Southeastern Parkway/Greenbelt c. Recommended improvements to 1-64 and Route 44 d. Other initiatives to enhance regional/local access. The City Council shall appoint Council Liaisons for the Southeastern Parkway/Greenbelt to meet with representatives of Chesapeake regarding their position on the Southeastern Parkway. Voting: 7-4 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Robert K Dean, Barbara M. Henley, Mayor Meyera E. Oberndorf and Nancy K Parker Council Members Absent: None March 26, 1996 1 A RESOLUTION AUTHORIZING CITY STAFF TO MAKE A 2 PRESENTATION TO THE COMMONWEALTH OF VIRGINIA 3 DEPARTMENT OF TRANSPORTATION REGARDING THE 4 PROPOSED INDEPENDENCE BOULEVARD PHASE IV -B 5 PROJECT, THE REALLOCATION OF URBAN FUNDS FROM 6 CERTAIN PROGRAMMED PROJECTS TO PROMOTE THE 7 DEVELOPMENT AND CONSTRUCTION OF THE 8 SOUTHEASTERN PARKWAY AND GREENBELT, 9 RECOMMENDED IMPROVEMENTS TO I-64 AND ROUTE 44, 10 AND OTHER INITIATIVES DESIGNED TO ENHANCE BOTH 11 REGIONAL AND LOCAL ACCESS 12 WHEREAS, City staff has recommended cancellation of the 13 Jeanne Street Project and the reallocation of all programmed funds 14 to a new project, designated as Independence Boulevard Phase IV -B, 15 involving the construction of improvements at the intersection of 16 Haygood Road and Independence Boulevard; 17 WHEREAS, City staff has also recommended a redirection of 18 urban allocations to fund the Southeastern Parkway and Greenbelt 19 Project; 20 WHEREAS, City staff has further recommended designated 21 improvements to Interstate 64 and Route 44; 22 WHEREAS, City staff made a presentation to City Council 23 regarding these recommendations at Council's meeting on March 19, 24 1996; and 25 WHEREAS, the City Manager has requested authorization 26 from City Council for City staff to present these recommendations, 27 and related initiatives, to the Commonwealth of Virginia Department 28 of Transportation at the Suffolk District Preallocation Hearing on 29 March 27, 1996. 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 1. That City Council hereby authorizes City staff to 33 make a presentation to the Commonwealth of Virginia Department of 34 Transportation regarding the proposed Independence Boulevard Phase 35 IV -B Project, the reallocation of urban funds from certain 36 programmed projects to promote the development and construction of 37 the Southeastern Parkway and Greenbelt, recommended improvements to 38 Interstate 64 and Route 44, and other initiatives designated to 39 enhance both regional and local access. 40 2. That the presentation to be made by City staff shall 41 be in substantial conformance with the proposed statement which is 42 attached hereto as "Exhibit A," and is hereby incorporated by 43 reference. 44 Adopted by the Council of the City of Virginia Beach, 45 Virginia, on the26th day of Marrh , 1996. 46 CA -6257 47 ORDIN\NONCODE\PHASEIV.RES 48 R-1 49 PREPARED: 03/20/96 OFFICE OF THE CITY MANAGER (804)427.4242 FAX (804) 427-4135 TDD (804) 427-4305 March 14, 1996 "EXHIBIT A" City of Virgiriia Beach The Honorable Meyera E. Oberndorf and Members of City Council Re: VDOT Preallocation Hearing Dear Council Members: MUNICIPAL CENTER VIRGINIA BEACH. VIRGINIA 23456-9001 For your information, I am enclosing a copy of the comments that we propose to make to the Commonwealth Transportation Board at the State's Preallocation Hearing on Wednesday, March 27, 1996. One new urban project is being proposed for VDOT's consideration. This project represents previously identified transportation needs; however, current City funding availability did not permit programming. This project, Independence Boulevard IV -B, has been designed by the City and is now being requested as a VDOT funded project for acquisition of right-of-way and construction. This is consistent with our VDOT funded project for Independence Boulevard, Phase IV -C and is recommended in lieu of pursuing the Jeanne Street project which has become controversial and is of less importance as a transportation improvement than Independence Boulevard. We are also recommending the reallocation of urban funds from certain programmed projects as detailed in the attached comments to promote the development and construction of the Southeastern Parkway and Greenbelt. We have been discussing these projects with representatives of the State Highway Department, and they will be consistent with the "draft" FY 96-97 VDOT Six -Year Plan provided our preallocation comments support these changes. The Honorable Meyera E. Oberndorf and Members of City Council March 14, 1996 Page 2 Re: VDOT Preallocation Hearing I seek your support of our proposed VDOT program modifications. Any comments or revisions you wish to make, and your concurrence to proceed with our comments to the 1996 Preallocation Hearing on March 27th will be greatly appreciated. With Pride In Our City, Jame K. Spore Ci . anager JKS/BLG/nfe Enclosure STATEMENT OF JOHN W. HERZKE, PE CITY ENGINEER, DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA AT THE COMMONWEALTH OF VIRGINIA DEPARTMENT OF TRANSPORTATION SUFFOLK DISTRICT PREALLOCATION HEARING MARCH 27, 1996 COMMISSIONER AND MEMBERS OF THE COMMONWEALTH TRANSPORTATION BOARD: Good Morning, I am John W. Herzke, representing the Public Works Department, of the City of Virginia Beach. On behalf of the City Council, the City executive staff and the Director of Public Works of the City of Virginia Beach, I am pleased to be here this morning to present this statement regarding the roadway network needs of Virginia Beach motorists. We believe these needs can be most effectively addressed by the continued proactive actions of the Commonwealth Transportation Board, through its Six -Year Improvement Program, and the continued diligent execution of the program by the personnel of the Virginia Department of Transportation at both the Richmond and Suffolk District levels. My remarks will be in three categories: Urban Construction, and its relationship to the Southeastern Parkway and Greenbelt, Interstate 64 Improvements, and Route 44 Improvements. URBAN CONSTRUCTION/SOUTHEASTERN PARKWAY AND GREENBELT First, I would like to thank the Department for the completion of two major projects in Virginia Beach since our last preallocation hearing. The construction of a new highway, South Plaza Trail, which provides a vital transportation link on new alignment from Independence Boulevard to Princess Anne Road, and the construction of a second crossing of Rudee Inlet in our resort area with a completion of the Rudee Inlet Bridge project. Both of these highway improvements have significantly improved travel time, and completed vital links in our north -south transportation corridors. There are three other VDOT funded projects currently under construction in Virginia Beach: 1) Military Highway provides the widening of Route 13 serving the transportation needs of the region including the adjoining cities of Norfolk and Chesapeake. 2) Interchange improvements are being completed at the Birdneck Road intersection with Route 44, and 3) Sound barrier walls are currently under construction along the Independence Boulevard interchange on Route 44. Twenty additional projects are included in the planning, design or right-of-way acquisition stages of the current six-year program. Several projects such as Kempsville Road, Salem Road, Lynnhaven Parkway, and London Bridge Road should begin construction within the next two to three years. The remaining projects for Virginia Beach included in the current VDOT Six -Year Urban Allocation program have planning and engineering efforts underway. Most of these projects are scheduled for construction completion near the end of this six-year program. These projects are vitally needed components of the City's Master Street and Highway Plan. The City understands that several projects were experiencing delays associated with air quality issues. With the completion of the congestion mitigation study for the region, we are confident that the Department can keep our program moving forward. Any and all efforts by VDOT to prevent slippage and to improve on current completion schedules would be greatly appreciated by Virginia Beach. On the basis of our anticipated annual allocation, and the current estimate of funds available within prior allocations, we have identified the following modifications for your consideration in conjunction with this annual updating of the VDOT Six -Year Improvement Plan. First, we would like to request the cancellation of project U000 -134-V38, Jeanne Street and a reappropriation of all programmed funds to a new VDOT project in the Independence Boulevard corridor which is a high priority for Virginia Beach. Specifically, we 2 request the Department to program the acquisition of right-of-way and construction of improvements at the intersection of Haygood Road and Independence Boulevard, which we have designated as Independence Boulevard, Phase IV-B. This project will complete the work of the existing VDOT project which widens Independence Boulevard from Pembroke Boulevard north to Haygood Road. The City is administering the design and construction of the VDOT project which has already been programmed and we would plan on administering the acquisition and construction of this new project if included in the updated six-year program. The City has already undertaken the design work on this major intersection improvement and will have design completed by this spring. Our current estimate to complete acquisition and construction of the Independence Boulevard/Haygood Road intersection is approximately 4.6 million dollars. Our second request involves a redirection of Urban Allocations to fund the Southeastern Parkway and Greenbelt Project. This project has, for many years, been an integral part of the Master Street and Highway Plan of the City of Virginia Beach. Improvements to our roadway network have been planned and implemented on the assumption the roadway would, eventually, be constructed. We ask that you consider delaying Holland Road (Project U000-134-145) and all programmed improvements to the Laskin Road corridor (Project 0058-134-V02, V03 and VO4) and reappropriate those funds towards the design and construction of the Southeastern Parkway and Greenbelt (Project U000-134-F23). These projects currently represent 60.4 million dollars of total urban allocations of which 47 million is already programmed in the current six-year plan. This reallocation of urban funds will provide a means to begin financing of this regional limited access facility and is consistent with the actions taken by the CTB on February 15, 1996 which approved the final corridor alignment and authorized completion of the final Environmental Impact Statement. Our City Council fully endorses this project and it is one of our highest priorities. 3 Also, in support of the Southeastern Parkway and Greenbelt, we ask for a modification of the parallel facility improvements currently planned for Oceana Boulevard and reprogram any excess funds from that project to the Southeastern Parkway and Greenbelt. Specifically, we would request your consideration of a modified project for Oceana Boulevard/First Colonial Road Extension (Project U000-134-118) to construct a two-lane highway on new alignment at the north end of the project from existing First Colonial Road to existing Oceana Boulevard. The modified project would also include a realignment at the southern end of the project from Oceana Boulevard to General Booth Boulevard at its present intersection with Prosperity Road. This alignment would also provide a two-lane facility and an improved intersection at General Booth Boulevard to accommodate local traffic demand. Existing Oceana Boulevard from Southern Boulevard to Harpers Road would not be widened as presently proposed by this project, since the Southeastern Parkway and Greenbelt will be constructed parallel to and just to the east of the First Colonial project. The Southeastern Parkway and Greenbelt project will provide major transportation benefits in this corridor with planned interchange improvements at Route 44, Virginia Beach Boulevard, the Oceana Naval Air Station main gate entrance, and Dam Neck Road. Clearly, our objective in working with the Department is to place a high priority on the progressive development, design and construction of the Southeastern Parkway and Greenbelt as our highest priority project. We encourage the Department to move towards construction as soon as possible on this project, and we will provide as much assistance as we can towards achieving a viable financing and funding plan. 4 INTERSTATE 64 I would like to turn now to a brief discussion of VDOT's planned improvements to Interstate 64, addressing those areas of particular importance to Virginia Beach. First, we acknowledge and thank you for your ongoing efforts to widen I-64 to a six -lane facility with HOV lanes between Route 44 and the Western City Line. Secondly, as previously requested, we would appreciate consideration being given to including HOV access at Northampton Boulevard in the six-year program. This HOV access is essential to preclude motorists, residing in the northern area of the City, from having to travel south to Route 44 to gain access to HOV lanes. It will also reduce traffic on the remaining lanes of I-64 west of Northampton Boulevard. Finally, the Virginia Beach City Council has endorsed a VDOT proposal to construct an additional interchange between Indian River Road and Greenbrier Parkway at the planned junction of City Line Road and Interstate 64. The City has added City Line Road to its Master Street and Highway Plan and, we would like to thank the Department for their addition of this project to the VDOT program. The City supports the rapid progression of this project from the engineering phase to construction completion and again requests your support to move this project to timely completion. ROUTE 44 The following remarks pertain to Route 44, the Virginia Beach Expressway. We would like to thank the Department for all of your efforts to date for the construction of the Route 44/Birdneck Road interchange which has a construction completion date of April 15, 1996. This project, taken together with the VDOT project for upgrading Birdneck Road, will complete the improvements of the Birdneck Road corridor. This will provide greatly improved access to the City's Pavilion area and create a beneficial by-pass of the resort area for southbound traffic. We are again asking that you examine the Route 44/Witchduck Road interchange for improved operational considerations. 5 Increased capacity and smoother traffic flows through the area appear attainable through geometric modifications and other improvements. As part of the assessment, consideration will need to be given to the impacts of planned interchange improvements on the local street network in the area. On balance, we believe both the intersection and the potential of the roadway network in this area can be enhanced, and we seek your assistance to accomplish this. We also ask the Department to program additional improvements at the Rosemont Road interchange. We appreciate the modifications that were completed last October, but these are only interim measures and major modifications are warranted. Thank you for affording me the opportunity to appear before the Board today and present the requests of the City of Virginia Beach. BLG/nfe 3/14/96 6 Item IV -J. ORDINANCES - 23 - ITEM # 40564 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Ordinances 1, 2, 3 , 5 (DEFER INDEFINITELY), 6 and 7 of the CONSENT AGENDA. Item IV -J.5 was DEFERRED INDEFINITELY BY CONSENT. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None Councilman Harrison ABSTAINED on Item J.6 as his law firm represents Virginia Beach South Parking, L.L.C. March 26, 1996 Item IV -J.1. ORDINANCES - 24 - ITEM # 40565 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $4,013 from the Fund Balance and $6,563 increased estimated revenue in the Forfeited Asset Sharing Special Revenue Fund to the FY 1995-96 Operating Budget of the Office of the Commonwealth's Attorney re equipment and training to enhance the Office's law enforcement capability. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 1 AN ORDINANCE TO APPROPRIATE $4,013 OF FUND 2 BALANCE AND $6,563 IN INCREASED ESTIMATED 3 REVENUES IN THE FORFEITED ASSET SHARING 4 SPECIAL REVENUE FUND TO THE FY 1995-96 5 OPERATING BUDGET OF THE OFFICE OF THE 6 COMMONWEALTH'S ATTORNEY 7 8 WHEREAS, the Office of the Commonwealth's Attorney shares drug forfeiture 9 money with local and federal law enforcement agencies; 10 WHEREAS, drug forfeiture funds, once appropriated, may be used for training and 11 equipment to enhance the enforcement capability of the Commonwealth's Attorney 12 Office; and 13 WHEREAS, sufficient funds are available in the Forfeited Asset Sharing Special 14 Revenue Fund to be appropriated; 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, 17 1. That $10,576 be appropriated to the FY 1995-96 Operating Budget of the Office 18 of the Commonwealth's Attorney for equipment and training to enhance the Office's law 19 enforcement capability; and 20 2. That the appropriations be supported by $4,013 of fund balance and $6,563 in 21 increased estimated revenue in the Forfeited Asset Sharing Special Revenue Fund. 22 This ordinance shall be effective on the date of its adoption. 23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th 24 of March , 1996. 25 26 27 28 29 APP'-$ DST • CONTE Walter C. Kr. er, Jr. Resource and Management Services Administrator Department of Management Services APPROVED AS TO LEGAL SUFE ENJOY Item IV -J.2. ORDINANCES - 25 - ITEM # 40566 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $1,500 in State Grant Funds to enhance traffic safety measures and $40,000 in additional State General Funds to the FY 1995-96 Operating Budget of the Department of Mental Health -Mental Retardation -Substance Abuse (MHMRSA) to purchase a 13 passenger wheelchair van; and, estimated revenue from the State be increased by $41,500. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,500 IN STATE GRANT FUNDS AND $40,000 IN 2 ADDITIONAL STATE GENERAL FUNDS FOR A TOTAL OF $41,500 TO THE FY 1995-96 OPERATING 3 BUDGET OF THE DEPARTMENT OF MENTAL HEALTH -MENTAL RETARDATION -SUBSTANCE 4 ABUSE (MHMRSA) 5 WHEREAS, the Community Services Board and the Department of Mental Health, Mental 6 Retardation, and Substance Abuse (MHMRSA) are responsible for the coordination and implementation of 7 mental health, mental retardation, and substance abuse services; 8 WHEREAS, the department has been awarded a $1,500 Mini -Grant from the Commonwealth of 9 Virginia Department of Motor Vehicles for use in enhancing traffic safety measures; 10 WHEREAS, the department has been awarded $40,000 in additional one-time state general funds 11 for Mental Retardation programs; 12 WHEREAS, the department budgets for vehicle replacement through the City's annual budget 13 process, with input from the City Garage as the basis for determining vehicle replacements, but has 14 historically purchased vehicles through mid -year revisions in order to curtail expenses and generate higher 15 revenue; 16 WHEREAS, the department requests that the additional $40,000 in one-time state general funds be 17 appropriated to purchase a 13 passenger wheelchair van needed to transport handicapped clients to 18 Medicaid funded Day Support program activities; 19 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 20 VIRGINIA, 21 1. that $1,500 Mini -Grant from the Commonwealth of Virginia Department of Motor Vehicles 22 and $40,000 in additional one-time State general funds, for a total of $41,500, be accepted and 23 appropriated to the FY 1995-96 Operating Budget of MHMRSA, 24 2. and that estimated revenue from the State be increased by $41,500; 25 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th , day 26 of March , 1996 ,-1— This ordinance shall be effective from the date of its adoption. Approved as to Content Walter C. Kraem-, 'r. Department of Management Service APPROVED AS TO LEGAL SUFFICIENCY FAusers ord CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD FY -96 APPROPRIATIONS & TRANSFERS Appropriations Account Codes 23203 Employment Services 23205 Respite Care 23666 DMV Grant 23201 Program Support TOTAL 01100 Executive Salaries $0 01110 Middle Management Salaries $0 01130 Professional Salaries $0 01150 Technical Salaries $0 01170 Clerical Salaries $0 01180 Skilled Salaries $0 01230 Professional Overtime $0 01270 Clerical Overtime $0 01330 Temp Profess Salaries $0 01370 Temp Clerical Salaries $0 01380 Temp Skilled Salaries $0 01910 Contracted Manpower 3,200 $ 3,200 Total Personnel %1f/%1�l;.v 5o i' ;sr� fill[,,, . ,00 h. so 02101 FICA $0 02102 FICA Service Awards $0 02104 FICA -Medicare $0 02201 Retirement $0 02301 Health & Dental Insur $0 02302 Life Insurance $0 02307 Unemployment Compen $0 • Total Fnn,e Benefits ,,,,��;./. yrrl rr/r �r'rni.f 1. J4,r J1 ; l✓„a. t✓A :% ✓+ ra r'Jii�.G� srrr, r ., s. r. �:r r.+.. 5 sl.,,r. r:r,rl i.�G.... r, $0 03101 Professional Health Svcs $0 03102 Legal Svcs $0 03103 Other Prof Svcs (4,550) ($4,550) 03104 Independent Auditing $0 03201 General Maint & Repair $0 03202 General Maint-Facility $0 03301 Advertising $0 03401 Printing -Outside $0 03402 Laundry & Dry Cleaning $0 03403 Photographic Services $0 03406 Refuse Disposal Svcs $0 03407 Other Contractual Svcs $1,500 $1,500 Total Contractual Services'> i "fir > LI. t� �';a:Cri . $0 04102 Microcomputing Services $0 04201 City Garage Services $0 04301 Central Store Charges $0 04401 Print Shop Charges $0 04501 Risk Management Charge $0 Total Internal Servicesi ! , : J ✓rrr 05101 Electric Services $0 05102 Heating Services $0 05103 Water Services $0 05104 Sewage Services $0 05201 Postal Services $0 05203 Telecommunications $0 05401 Office Supplies $0 05402 Food& Food Service Sup $0 05404 Medical & Lab Supplies $0 05405 Housekeeping& Janitor Sup $0 05406 Household Supplies $0 Appropriations Account Codes 05407 Building Maintenance Sup 05410 Uniforms & Wearing Apparel 05412 Books& Subscriptions 05413 Educational & Library Sup 05414 Recreational Supplies 05415 Computer Supplies 05416 Microfilming Supplies 05417 Photographic Supplies 05421 Construction Mar& Supplies 05423 Other Operating Supplies 05499 Non -Capital Equipment 05501 Professional Improvement 05502 Travel -Routine 05507 Mandated Certification 05508 Training 05708 Regular Foster Care 05801 Dues & Assoc Memberships 05804 Miscellaneous Total Other Charges 07101 Repl Machinery & Equip 07102 Repl Furniture & Fixtures 07103 Repl Communication Equip 07105 Repl Motor Vehicles 07301 Machinery& Equip 07302 Furniture & Fixtures 07303 Communication Equip 07305 Motor Vehicles & Equip 07307 Data Processing Equip Total Ca •' .- I Duda 08001 Lease/Rent of Equip 08002 Lease/Rent of Buildings Total Leases & Rentals Total Revenue Account Codes 23203 Employment Services 23205 Respite Care 23666 DMV Grant 23201 Program Support ($3,200) $47,750 ($4,550) $47,750 TOT/ $ $ $( $( $( $( $(, $( $( $o $G $o $0 $o $o $0 $0 $0 $0 $0 $0 $47,750 $0 $0 $0 $0 $0 '.i 80 $0 $0 $0 $41,500 241360 MR -DMV Kindergarten Grt 241304 MH& Retardation:Warrants 512101 Trf from General Fund 23203 Employment Services 23205 Respite Care 23666 DMV Grant Total New Appropriations ($3,200) ($3,200) ($4,550) ($4,550) $1,500 $1,500 23201 Program Support $40,000 $7,750 $47,750 TOTAL $1,500 $40,000 $0 $0 $0 $41,500 TIMOTHY A. KELLY, Ph. D. COMMISSIONER fl COMMONWEALTH of VIRGINIA DEPARTMENT OF Mental Health, Mental Retardation and Substance Abuse Services January 24, 1996 Mr. James P. Duffy Assistant Director Finance and Evaluation Virginia Beach CSB Pembroke Six, Suite 208 Virginia Beach, VA 23462-2891 Dear Mr. Duffy: P. O. BOX 1797 RICHMOND. VA 23214 (804) 786-3921 (804) 371-8977 VOICE/TDO Please be advised that S295.896.00 will be transmitted to your agency by Financial EDI (Electronic Data Interchange) for the first semi-monthly payment for February. This deposit should be reflected in the locality's Bank record on January 31, 1996. If you do not receive this amount or if you received a different amount, please notify Arlene Good immediately. If you need additional information or have questions please call Arlene Good at 786-1550 or me at 786-3924. MC/acg xc: Paul Gilding Arlene Good Sincerely, Mike C`�sasnovas Assistant Fiscal Director FOR@NOWN J1.1291111111 COMMUNITY SERVICES BOARD ( EQUEST FOR WARRANT l - DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCE ABUSE SERVICES SERVICES BOARD: WARRANT PAYABLE TO: MAIL WARRANT TO: FIN#: 54-0722061-00 DATE: 01/12/96 Virginia Beach Community Services Board Ms. Patti Phillips, Director of Finance City of Virginia Beach Municipal Center Virginia Beach, VA 23456 This approval of a State Grant of Funds is authorized by Chapter 10, Title 37.1, Sections 37.1-194 through 37.1-200 of the Statutes of Virginia and funded by Item 410 of the Appropriations Act. Please be advised that funding for the programs indicated has been approved and submitted to the State Comptroller for payment. PROGRAM Administration (1) Mental Health Services Mental Health Services (2) Mental Retardation Services Mental Retardation Services (3) One—Time MR Waiver State GF CVTC(Itr.11/13/95) One—Time MR Waiver State GF CVTC (Itr.1/04/96) Substance Abuse Services — STATE Substance Abuse Services (4) Greenstreet (5) L. 3 ON PAGE 2 DOLLARS 9,953.00 89, 753.00 73, 503.00 0.00 25,000.00 40,143.00 3,148.00 REQUEST FOR WARRANT VIRGINIA BEACH CSB PAGE 2_. Mental Health — FEDERAL FBG / SED C & A (CFDA # 93.958] (6) PATH (CFDA # 93.150] (7) Substance Abuse Services — FEDERAL SA Alcohol FBG fCFDA # 93.9591 (8) SA Drug FGB [CFDA # 93.959] (9) SA Primary Prevention FBG fCFDA # 93.959] (10) SA SARPOS FBG fCFDA # 93.959] (11) FBG LINK — Prevention fCFDA # 93.959] (12) FBG LINK — Treatment Alcohol fCFDA # 93.959] (13) FBG LINK — Treatment Drug fCFDA # 93.959] (14) SA HIV/AIDS FBG (CFDA# 93.959] (15) 5,771.00 1,003.00 10, 235.00 12, 623.00 9,404.00 0.00 833.00 1,667.00 1,667.00 11,193.00 AMOUNT OF STATE FUNDS REQUESTED FOR THIS WARRANT: Two Hundred Ninety—Five Thousand, Eight Hundred Ninety—Six Dollars & No Cents DUE DATE 01/31/96 VENDOR DESCRIPTION TOTAL AMOUNT 788990 PAYMENT 15 OF 24 295,896 9 COST FUND 325 788 823 05 325 788 824 05 325 788 830 05 325 788 815 05 ACCT PROJECT 1431 9000000 1431 9000000 1431 9000000 1431 9000000 325 788 827 99 1431 325 788 837 99 1431 325 788 818 99 1431 325— - 788 -816 99 1431 325 788 826 99 1431 325 788 825 99 1431 325 788 826 99 1431 325 788 938 99 1431 325 788 814 99 1431 325 788 826 99 1431 SEE NOTES PAGE 3 CONTINUED ON PAGE 3 5091500 5093600 5094500 5094500 5094500 5095500 5095500 5095500 5097500 5097500 PROGRAM 88823 88824 88830 88815 88827 88837 88818 88816 88826 88825 88826 88938 88814 88826 $295,896.00 INV DATE 12—Jan-96 AMOUNT 9,953 89,753 98,503 43,291 1,003 5,771 10,235 0 1,667 12,623 1,667 11,193 9,404 833 C REQUEST FOR WARRANT VIRGINIA BEACH CSB PAGE 3 (1) Regular payment 238,878 / 24 9,953.00 (2) Regular payment 2,154,079 / 24 89,753.00 (3) Regular payment 1,541,540 / 24 64, 231.00 Medicaid Non—Waiver 14,058 / 24 586.00 Medicaid Non—Waiver 10,696 / 24 446.00 Medicaid Non—Waiver 5,000 / 24 208.00 Medicaid Non—Waiver 50,000 / 24 2,083.00 Medicaid Non—Waiver 20,000 / 24 833.00 Medicaid Non—Waiver 15,000 / 24 625.00 OBRA -87 Initiative Funding 107,784 / 24 4,491.00 Adjusted payment 73,503.00 (4) Regular payment 963,441 / 24 40,143.00 (5) Regular payment 75,544 / 24 3,148.00 (6) Regular payment 76,400 / 24 3,183.00 Regular payment 62,110 / 24 2,588.00 CONTRACT # 904-95 Adjusted payment 5,771.00 (7) State FY 96 payments 20,060 / 20 1,003.00 (8) Regular payment 245,647 / 24 10,235.00 (9) Regular payment 302,947 / 24 12,623.00 (10) Regular payment 225,700 / 24 9,404.00 (11) Regular payment 33,000 / 4 0.00 PAID QUARTERLY (12) Regular payment 20,000 / 24 833.00 (13) Regular payment 40,000 / 24 1,667.00 (14) Regular payment 40,000 / 24 1,667.00 (15) Regular payment 134,321 / 12 11,193.00 • DEPARTMENT of MENTALHEALTH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES NOTIFICATION OF FUNDING Community Services Board: Executive Director: Virginia Beach Dennis Wool CONSUMER NAME START DATE 1 Claude Voliva 1/15/96 2 Letcher Travis 1/15/96 3 Cynthia Huntington 1/15/96 4 Allen Miller 1/15/96 5 Allen Seagle 1/15/96 CONSUMER NAME 67 8 9 10 START DATE Number of new Waiver slots issued for above Consumers Number of above Consumers currently receiving SPO Case Management 0 5 Approved Allocation: WAIVER FEES (FFP and Match) WAIVER MATCH PROVIDED BY OR THROUGH DEPARTMENT WAIVER MATCH PROVIDED BY CSB FY -96 $178,966 FY -97 $390,471 $87,604 $189,886 SPO FEES (FFP and MATCH) $0 $4,821 for CASE MANAGEMENT �` CASE MANAGEMENT SPO MATCI- PROVIDED BY THE DEPARTMENT CASE MANAGEMENT SPO MATCI-( PROVIDED BY THE CSB MR STATE GENERAL FUNDS (not Medicaid Match) $0 $10,520 $2,360 $5,116 $0 $0 ONE—TIME MR STATE GENERAL FUNDS $25,000 $0 $0 $0 FUNDING SOURCE FY -96 FY -97 CVTC INITIATIVE $114,964 $195002 CSB CONVERSION — WAIVER $0 $0 CSB CONVERSION — SPO CM $0 $0 ' Approved: Ooe Robert H. Shackelford, Jr., As istant Commissioner Finance and Administration Date: i f 1) 40 STATE GF ONETIME/ START-UP STATE GF ONETIME/ START-UP FUNDING ALLOCATION WORKSHEET FY -96 PRO -RATED CM SPO MO.S SVC. ANNUAL COST CONSUMER 1 C.V. 5.5 964 2 LT. 5.5 964 3 C.H. 5.5. 964 4 A.M. 5.5 964 5 A.S. 5.5 TOTAL 964 $4,822 WAIVER SERVICES MO.S SVC. ANNUAL COST CONSUMER $ 1 C.V. 5.5 35793 2 LT. 5.5 35793 3 C.H. 5.5 35793 4 A.M. 5.5 35793 5 A.S. TOTAL 5.5 35793 $178,965 WAIVER ENV/AT ONE TIME ONLY TOTAL COST CONSUMER 1 2 3 4 5 TOTAL $ 0 0 0 0 0 $0 DOLLAR AMOUNT $25,000 NON -WAS GENERAL FUNDS MO.S SVC. ONGOING FUNDING REQUIRED FY -96 SPO CM FY -96 WAIVER FY -96 GEN. FUNDS REQUIRED TOTAL FUNDING FY -96 FEE FY -97 ANNUALIZED CM SPO MO.S SVC. ANNUAL COST CONSUMER $ 1 C.V. 12 2104 2 LT. 12 2104 3 C.H. 12 2104 4 A.M. 12 2104 5 A.S. TOTAL 12 2104 $10,520 • WAIVER SERVICES CONSUMER MO.S SVC. ANNUAL COST $ 1 C.V. 12 78094 2 LT. 12 78094 3 C.H. 12 78094 4 A.M. 12 78094 5 A.S. TOTAL 12 78094 $390,470 WAIVER ENV/AT ONE TIME ONLY TOTAL COST CONSUMER 1 2 3 4 5 TOTAL $ 0 0 0 0 0 $D DOLLAR AMOUNT $0 NON -WAV GENERAL FUNDS MO.S SVC. ONGOING FUNDING REQUIRED MATCH $4,822 . $2,360 $178,965 $87,604 $25,000 $25,000 0114,964 FY -97 SPO CM FY -97 WAIVER FY -97 GEN. FUNDS REQUIRED TOTAL FUNDING FY -97 C C FEE MATCH $10,520 $5,116 $390,470 $189,886 $0 $0 1 $195,0011 DEPARTMENT of MENTAL HEALTH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES NOTIFICATION OF FUNDING Community -Services Board: Executive Director: CONSUMER NAME Virginia Beach Dennis Wool START DATE 2 3 4 CONSUMER NAME START DATE 6 7 8 9 10 Number of new. Waiver slots issued for above Consumers Number of above Consumers currently receiving SPO Case Management Approved Allocation: WAIVER FEES FFP and Match WAIVER MATCH, PROVIDED BY OR THROUGH DEPARTMENT FY -96 WAIVER MATCH PROVIDED BY CSB SPO FEES (FFP4and MATCH) for CASE MANAGEMENT $o FY -97 $o so $o CASE MANAGEMENT SPO MATC PROVIDED BY THE DEPARTMENT CASE MANAGEMENT SPO MATC PROVIDED BY THE CSB MR STATE GENERAL FUNDS not Medicaid Match ONE—TIME MR STATE GENERAL FUNDS mom $15 000 so iiP',i �v Approved: Robert H. Shackelfor" , Jr., Assistant Commissioner Finance and Administration RICHARD D. HOLCOMB COMMISSIONER Dear Ms. Phelps, COMMONWEALTH of VIRGINIA Department of Motor Vehicles 2300 West Broad Street February 12, 1996 MAIL ADDRESS POST OFFICE BOX 27412 RICHMOND, VIRGINIA 23269-0001 I am pleased to inform you that a Mini -Grant for $1,500.00 for P.O.K.I.T. has been approved and you may proceed with your project as outlined in your application. Your Grant # is OP96- 06-52006-2. Please include it on all correspondence. A reminder that the Mini -Grant is given on a reimbursement system and only those items approved in the application are eligible for reimbursement. Also you will be required to submit an activity report at the conclusion of your project. Guidelines are attached that will give you further details on the reimbursement procedure and final report. I appreciate your willingness to enhance the traffic safety measures in your locality and I look forward to hearing from you on the progress of your program. Please contact me at 363-3930 if I can be of further assistance. Sincerely, e rOG, Martha R. Haley Community Traffic Safety Program Supervisor dr, A Partnership With the Public Item IV -J3. ORDINANCES - 26 - ITEM # 40567 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $64,730 in State Funding, $614 in Federal Funding, and $804 in Funding from the Inmate Telephone Special Revenue Fund for the Department of Mental Health - Mental Retardation -Substance Abuse (MHMRSA) for community-based services to adolescents; estimated revenue from the state and federal governments be increased accordingly; and the City Manager be authorized to execute the necessary agreements. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $64,730 IN STATE FUNDING, 2 $614 IN FEDERAL FUNDING, AND $804 IN FUNDING FROM THE INMATE 3 TELEPHONE SPECIAL REVENUE FUND FOR A TOTAL AMOUNT OF $66,148 IN 4 ADDITIONAL FUNDING FOR THE DEPARTMENT OF MENTAL HEALTH - 5 MENTAL RETARDATION -SUBSTANCE ABUSE 6 WHEREAS, the Community Services Board and the Department of Mental Health, 7 Mental Retardation, and Substance Abuse (Mf MRSA) are responsible for the coordination 8 and implementation of mental health, mental retardation, and substance abuse services; 9 WHEREAS, the Department has received $64,730 in additional state funding for 10 community-based services for adolescents with Substance Abuse problems; 11 WHEREAS, the Department has received $614 more than originally estimated for the 12 Department of Criminal Justice Services grant for which the $804 in required match funding 13 will be provided by the appropriation of fund balance in the Sheriff's Inmate Telephone 14 Special Revenue Fund; 15 WHEREAS, the requested increases in appropriations are subject to the continuation of 16 funding; 17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA, 19 1. That $66,148 be appropriated to the FY 95-96 Mental Health - Mental Retardation - 20 Substance Abuse Operating Budget; 21 2. That estimated revenue from the state and federal governments be increased by 22 $64,730 and $614, respectively, along with the appropriation of $804 from the fund balance of 23 the Inmate Telephone Special Revenue Fund; 24 3. That the appropriations are subject to the continuation of funding; 25 4. That the City Manager is hereby authorized to execute any grant agreements 26 associated with the acceptance and appropriation of these funds. 27 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 28 7hth , day of March , 1996. 29 This ordinance shall be effective from the date of its adoption. Approved as to Content Ag'�i'}a� �tf'.��. d' t:�O i_...3 AS TO LEGAL SUFFICIENCY Walter C. Kraemer, Jr Department of Management Services F:\users\mgentry\mhmrsa\approrida.two CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD FY -96 ADDITIONAL REVENUES & APPROPRIATIONS Appropriations Account Codes 23302 Outpatient Services 23305 Prevention Services TOTAL 01100 Executive Salaries $0 01110 Middle Management Salaries $0 01130 Professional Salaries $0 01150 Technical Salaries $0 01170 Clerical Salaries $0 01180 Skilled Salaries $0 01230 Professional Overtime $0 01270 Clerical Overtime $0 01330 Temp Profess Salaries $0 01370 Temp Clerical Salaries $0 01380 Temp Skilled Salaries $0 01910 Contracted Manpower $32,940 $32,940 Total Personnel J;...ws., .,, , , , .. % C r ria 02101 FICA $0 02102 FICA Service Awards $0 02104 FICA -Medicare $0 02201 Retirement $0 02301 Health & Dental Insur $0 02302 Life Insurance $0 02307 Unemployment Compen $0 Total Frin , e Benefits r .' �.sJ.r,L.'s,.,.1,�✓., 'YA � ✓„l.J..,✓Y%„'i ,... r/.=✓ r,✓%✓✓i/I .,/�,�ll 03101 Professional Health Svcs $0 03102 Legal Svcs $0 03103 Other Prof Svcs $0 03104 Independent Auditing $0 03201 General Maint & Repair $0 03202 General Maint-Facility $0 03301 Advertising $0 03401 Printing -Outside $0 03402 Laundry & Dry Cleaning $0 03403 Photographic Services $0 03406 Refuse Disposal Svcs $0 03407 Other Contractual Svcs $1,418 $16,110 $17,528 Total Contractual Services %/ ' ` 04102 Microcomputing Services $0 04201 City Garage Services $0 04301 Central Store Charges $0 04401 Print Shop Charges $0 04501 Risk Management Charge $0 Total Internal Services ,,, r. ��r ..�,�,�,,�,!� ��',✓' ` f,,y .,/A v .. r„,'r:✓ '41:404'i., 05101 Electric Services $0 05102 Heating Services $0 05103 Water Services $0 05104 Sewage Services $0 05201 Postal Services $0 05203 Telecommunications $0 05401 Office Supplies $1,000 $1,000 05402 Food& Food Service Sup $0 05404 Medical & Lab Supplies $0 05405 Housekeeping& Janitor Sup $0 05406 Household Supplies $0 FTE Request Revenue Account Codes Appropriations Account Codes 23302 Outpatient Services 23305 Prevention Services 241304 MH&Retardation:Warrants TOTAL 05407 Building Maintenance Sup $614 $614 530405 Trf from Sheriff Sp Rev Jail 9 $804 $0 05410 Uniforms & Wearing Apparel $64,730 $64,730 $0 05412 Books& Subscriptions $1,418 $64,730 $66,148 $0 05413 Educational & Library Sup $3,330 , $3,330 05414 Recreational Supplies $11,350 $11,350 05415 Computer Supplies $0 05416 Microfilming Supplies $0 05417 Photographic Supplies $0 05421 Construction Mat'& Supplies $0 05423 Other Operating Supplies $0 05499 Non -Capital Equipment $0 05501 Professional Improvement $0 05502 Travel -Routine $0 05507 Mandated Certification $0 05508 Training $0 05708 Regular Foster Care $0 05801 Dues & Assoc Memberships $0 05804 Miscellaneous $0 Total Other Chargesa fi g 'i 1 F,. °! , M:'••::;,:, r:,yr f r im %% • 0 07101 Repl Machinery & Equip $0 07102 Repl Furniture & Fixtures $0 07103 Repl Communication Equip $0 07105 Repl Motor Vehicles $0 07301 Machinery& Equip $0 07302 Furniture & Fixtures $0 07303 Communication Equip $0 07305 Motor Vehicles & Equip $0 07307 Data Processing Equip $0 Total Capital Outlay .,,, 4 l POW 4 „J, 01 %' ri ; i% 0 08001 Lease/Rent of Equip $0 08002 Lease/Rent of Buildings $0 Total Leases & Rentals �,, % 1z'/ Total $1,418 $64,730 $66,148 FTE Request Revenue Account Codes 23302 Outpatient Services 23305 Prevention Services TOTAL 241304 MH&Retardation:Warrants $0 3413fDCJS/SA Jail Grant $614 $614 530405 Trf from Sheriff Sp Rev Jail 9 $804 $804 241362 SA Youth Grant $64,730 $64,730 $0 Total New Appropriations $1,418 $64,730 $66,148 TIMOTHY A. KELLY, Ph. D. COMMISSIONER COMMONWEALTH of VIRGINIA DEPARTMENT OF Mental Health, Mental Retardation and Substance Abuse Services February 22, 1996 Mr. Dennis I. Wool, Ph.D. Executive Director Virginia Beach Community Services Board Pembroke Six - Suite 208 Virginia Beach, Virginia 23462 Dear Mr. Wool: P. O. BOX 1797 RICHMOND, VA 23214 (804) 786-3921 (804) 371-8977 VOICE/TDD I have enclosed the following documents for your signature: Three (3) copies of Standard Contract #1013-96 for the period commencing upon contract execution and terminating on February 28, 1997. Three (3) copies of Memorandum of Understanding #1013-96 for the period commencing upon contract execution and terminating on February 28, 1997. Please sign all three copies of the Standard Contract and the Memorandum of Understanding and return to me. Once completed, we'll send you a copy of both for your records. This contract will not become binding upon this agency until it has been approved by our Commissioner, Timothy A. Kelly. Should you have any questions, please contact me at (804) 786-3915. Sincerely, Michael J. CO Grants and tr.. t S•-cialist COMMONWEALTH OF VIRGINIA DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES STANDARD CONTRACT CONTRACT NUMBER: #1013-96 This contract entered into this 23rd day of February 1996, by Virginia Beach Community Services Board, hereinafter called the "Grant Recipient" and Commonwealth of Virginia, Department of Mental Health, Mental Retardation and Substance Abuse Services hereinafter called the "Granting Agency". WITNESSETH that the Grant Recipient and the Granting Agency, in consideration of. the mutual covenants, promises and agreements herein contained and or attached, agree as follows: SCOPE OF SERVICES: The Grant Recipient shall provide the services to the Granting Agency, as set forth in the Contract Documents. PERIOD OF PERFORMANCE: The period of this Agreement is from date of contract execution through February 28. 1996. COMPENSATION AND METHOD OF PAYMENT: The Grant Recipient shall be paid by the Granting Agency a total award amount of $64,730. Payments shall be made to the Grant Recipient on a semi- monthly basis. CONTRACT DOCUMENTS: The contract Documents shall consist of this signed contract, the RFGP #720-96703M issue date August 10, 1995, the Grant Recipient's proposal dated September 28, 1995 as amended, the Memorandum of Understanding dated February 23, 1996. IN WITNESS WHEREOF, The parties have caused this Contract to be duly executed intending to be bound thereby. Virginia Beach Community Services Board By: Dennis I. Wool, Ph.D. Executive Director Date: Department of Mental Health, Mental Retardation and Substance Abuse Services By: Timothy A. Kelly, Ph.D. Commissioner Date: COMMONWEALTH OF VIRGINIA MEMORANDUM OF UNDERSTANDING THIS DOCUMENT CONSTITUTES A GRANT AGREEMENT BETWEEN: Virginia Beach Community Services Board referred to as "Grant Recipient", AND The Department of Mental Health, Mental Retardation and Substance Abuse Services, hereinafter referred to as "Granting Agency" AND IS DATED February 23, 1996. CONTRACT NUMBER: 1013-96 By result of negotiations between the parties, the following agreements are made: 1.0 Grant Recipient shall not be required to submit the Subgrantee Expenditure Report as stated in RFGP #720-96703M, Section 3.0, Number 3.1. Grant Recipient shall be required to report quarterly expenditures for this agreement on a form #5, which is part of the performance contract. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. Virginia Beach Community Services Board By: ' Dennis I. Wool, Ph.D. Executive Director Date: Department of Mental Health, Mental Retardation and Substance Abuse Services By: Timothy A. Kelly, Ph.D. Commissioner Date: Bruce C. Morris Director COMMONWEALTH of VIRGINIA Department of Criminal Justice Services May 22, 1995 Mr. James K. Spore City Manager City of Virginia Beach Municipal Center Virginia Beach, VA 23456 Re: Program: Drug Control and Criminal Justice Improvements Project Title: Intensive Sub. Abuse Cellblock/Aftercare Pgm. Grant Number: 96-C8110AD95 805 East Broad Street, Tenth Floor Richmond, Virginia 23219 (804) 786-4000 FAX 804-371-8981 TDD (804)786-8732 Dear Mr. Spore: The Department of Criminal Justice Services has completed its review of your grant application. Based on our review, I am pleased to inform you that we are awarding $36,555.00 in federal funds for this project, provided that you agree to contribute $12,185.00 in local cash match. This will result in a total grant award of $48,740.00. `f ?, Z MPPit-*Pp-i,-7100 A Statement of Grant Award, with an approved project budget and grant conditions for this award, will be issued prior to July 1, 1995. In the meantime, if you have any questions, please feel free to contact our Grants Administrator, Joe Marshall, at 804-786-1577. Sincerely, Bruce C. Morris Director cc:, Ms. Kathryn B. Hall, Program Director Ms. Patricia Phillips, Director of Finance Lloyd Young, DCJS Criminal Juane Server Board • Committee on Training • Juvenile Justice and Delinquency Praw+tlon Advisory Committee Advisory Committee to Court Appointed Spacial Advocate and Chlldrsn's Justice Act Programs P, vats Saoursy Serwcss Advisory Board • Crinnal Justice Inlormstron Systems Ca,vnmw - 27 - Item IV -J.4. ORDINANCES ITEM # 40568 Upon motion by Kee Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $41,000 from the Tourism and Growth Investment Fund (TGIF) Reserve for Contingencies to the Performing Arts Festival Support Unit in the FY 1995-96 Operating Budget re additional City support for the festival. Voting: 9-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: Robert K Dean and Nancy K Parker Council Members Absent: None March 26, 1996 AN ORDINANCE TO TRANSFER $41,000 FROM THE TOURISM AND GROWTH INVESTMENT FUND RESERVE FOR CONTINGENCIES TO THE PERFORMING ARTS FESTIVAL SUPPORT UNIT IN THE FY 1995-96 OPERATING BUDGET TO PROVIDE ADDITIONAL CITY SUPPORT TO THE FESTIVAL 1 WHEREAS, the Virginia Beach Center for the Arts is expanding the Boardwalk Art Show with the 2 goal of becoming a 10 day major East Coast cultural and educational event for the benefit of residents and visitors, 3 and 4 WHEREAS, there is sufficient funding within the Tourism and Growth Investment Fund Reserve for 5 Contingencies to provide this additional funding, 6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA, that $41,000 be transferred from the Tourism and Growth Investment Fund Reserve for 8 Contingencies to the Performing Arts Festival Support Unit in the FY 1995-96 Operating Budget to provide additional 9 support to the festival, 10 Adopted by the Council of the City of Virginia Beach, Virginia on the 26 ttlay of March , 1996. APPROVED AS TO LEGAL, SUF C, _ •1.. Co ntent C R W -D: \O B 96\Visitor\festival. o rd Walter C. Kra r Management and Budget Item IV -J.5. ORDINANCES - 28 - ITEM # 40569 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY: Ordinance to authorize a temporary encroachment into a portion of the City'sirainage right-of-way to Ronald L. and Catherine T. Moore re constructing and maintaining a bulkhead and fill-in adjacent to 2005 Falling Sun Lane (PRINCESS ANNE BOROUGH). Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 Item IV -J.6. ORDINANCES - 29 - ITEM # 40570 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to appoint viewers in the petition of VIRGINL4 BEACH SOUTH PARKING, L.L.C. for the closure of a portion of 8th Street beginning at the intersection of the Western right-of-way line of Atlantic Avenue and the Northern right-of-way line of 8th Street (VIRGINIA BEACH BOROUGH) The Viewers are: David M Grochmal Director of General Services Robert J. Scott Director of Planning Ralph A. Smith Director of Public Works Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Abstaining: William W. Harrison, Jr. Council Members Absent: None Councilman Harrison ABSTAINED as his law firm represents Virginia Beach South Parking, L.L.C. March 26, 1996 ORDINANCE APPOINTING VIEWERS WHEREAS, VB/South Parking, L. L. C., a Virginia limited liability company, (VB/South") has given due and proper notice, in accordance with Section 15.1-364 of the Code of Virginia, 1950, as amended, that it will on the 26th day of March, 1996, apply to the City Council of the City of Virginia Beach, Virginia, for the appointment of Viewers to view the hereinafter described portion of a street and report in writing to the Council whether, in the opinion of said Viewers, any, and if any, what inconvenience would result from the discontinuance of a portion of such street; and WHEREAS, VB/South has filed such application with the Council. NOW, THEREFORE, be it ORDAINED by the Council of the City of Virginia Beach, Virginia: THAT Robert J. Scott David M. Grochmal and Ralph A. Smith are hereby appointed to view the hereinafter described portion of a street and report in writing to the Council, as soon as possible, whether in their opinion, any, and if any, what inconvenience would result from the discontinuing and vacating of the portion of the street located in the City of Virginia Beach, Virginia, and more particularly described as follows: THAT certain portion of a street designated as "8TH STREET 80' R/W 0.522 ACRES" on that certain plat entitled "EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" dated February 27, 1996, attached hereto and made a part hereof. The plat described above is intended to be recorded with the Ordinance closing the portion of the street described above. ADOPTED by the City Council of the City of Virginia Beach, Virginia, this mthday of March , 1996. ORDINANCE NO.: IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT PORTION OF 8TH STREET AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" DATED FEBRUARY 27, 1996, ATTACHED HERETO AND MADE PART HEREOF. WHEREAS, it appearing by affidavit that proper notice has been given by VB/South Parking, L. L. C., a Virginia limited liability company, that it would apply to the Council of the City of Virginia Beach, Virginia, on March 26, 1996, to have the hereinafter described portion of a street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that a portion of such street be discontinued, closed, and vacated; NOW, THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described portion of a street be discontinued, closed, and vacated: ALL THAT portion of a street designated as "8TH STREET 80' R/W 0.522 ACRES" on that certain plat entitled "EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" dated February 27, 1996, attached hereto and made apart hereof. SECTION II A certified copy of this Ordinance shall be filed in the Office of the Circuit Court of the City of Virginia Beach, Virginia, indexed in the name of the City of Virginia Beach, as grantor. SECTION III ADOPTED by the City Council of the City of Virginia Beach, Virginia, this day of , 1996. GPIN NO: NOTICE PLEASE TAKE NOTICE, that at the meeting of the City Council of the City of Virginia Beach, Virginia, to be held on the 26th day of March, 1996, at 6:30 p.m., in the City Council Chambers, City Hall, Municipal Center, Virginia Beach, Virginia, 23456, the undersigned will petition the Council for the appointment of Viewers to view the hereinafter described portion of 8th Street and report to the City Council whether in the opinion of the Viewers, what, if any, inconvenience would result from the vacation, closure and discontinuance of such portion of 8th Street located in Virginia Beach, Virginia, and described as follows: Beginning at the point of intersection of the western right-of-way line of Atlantic Avenue and the northern right-of-way line of 8th Street; thence S13°39'15"E along the western right-of-way line of Atlantic Avenue a distance of 80.97 feet to the point of intersection of said right-of-way line with the southern right-of-way line of 8th Street; thence S76°06'29"W along the southern right-of-way line of 8th Street a distance of 251.08 feet to a point in the right of way; thence S36°07'30"W along said right-of-way a distance of 27.76 feet to the point of intersection of said right-of-way with the eastern right-of-way line of Pacific Avenue; thence N16°57'29"W along the eastern right-of-way line of Pacific Avenue a distance of 120.29 feet to the point of intersection of said right-of-way with the northern right-of-way line of 8th Street; thence S59°03'47"E along said right-of-way a distance of 30.24 feet to a point in the right-of-way; thence N76°06'29"E along said right-of-way a distance of 257.67 feet to the point of Beginning. At that time, any affected person may appear and present his or her views. At the next regular meeting of the City Council after receipt of the report of the Viewers, or as soon thereafter as the matter may be placed on the Council agenda, the undersigned will Petition the City Council to vacate, close and discontinue the above described portion of 8th Street containing 0.522 acres. VB/South Parking, L. L. C. By �. \ chrd H. Matthews, Of Counsel Richard H. Matthews PENDER & COWARD 192 Ballard Court Virginia Beach, VA 23462 (804) 490-3000 TO: IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING THAT PORTION OF A STREET AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" DATED FEBRUARY 27, 1996, ATTACHED HERETO AND MADE PART HEREOF. PETITION THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your Petitioner, VB/South Parking, L. L. C., respectfully represents as follows: 1. That pursuant to the provisions of Section 15.1-364 of the 1950 Code of Virginia, as amended, the Petitioner applies for the vacating, closing, and discontinuance of a portion of that certain street which is more specifically described as follows: ALL THAT portion of 8th the "8TH STREET 80' R/W certain plat entitled PORTION OF 8TH STREET TO street designated as 0.522 ACRES" on that "EXHIBIT SHOWING A BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" dated February 27, 1996, attached hereto and made apart hereof. 2. That no inconvenience will result to any person by reason of the closing, vacation and discontinuance of a portion of the street; and the Petitioner prays that this Honorable Council appoint viewers as provided by law to view the portion of the platted street proposed to be closed and to report in writing to the Council as soon as practicable as to whether, in the opinion of said Viewers, what inconvenience, if any, would result from the discontinuance and the closing of the portion of the street described herein above. 3. That on the 17th day of March, 1996, and on the 24h day of March, 1996, notice of the presentation of this application was published in the Virginian -Pilot & Ledger -Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. 4. That the owners of the fee simple interest in the land adjacent to the portion of the street described in paragraph 1 of this Petition is Burlage Associates, a Virginia general partnership, which will, as the adjacent land owner, become the fee simple owner of the closed portion of the street. Respectfully submitted, VB/Southarking, L. L. C. By Richard H. Matthews Pender & Coward, P. C. 192 Ballard Court Virginia Beach, VA 23462-2483 Lt f Counsel AFFIDAVIT STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, Charles M . Salle, attorney for VB/South, L. L. C., a Virginia limited liability company ("VB/South"), being first duly sworn, deposes and states: 1. That I am an attorney at law and represent VB/South. 2. That on the 17th day of March, 1996, and on the 24th day of March, 1996, notice of the presentation of the application, on behalf of VB/South, to close that portion of 8th Street designated as the "8TH STREET 80' R/W 0.522 ACRES" on the attached plat will be published in the Beacon section of the Virginian -Pilot & Ledger - Star, a newspaper of general circulation in the City of Virginia Beach, Virginia. 1996. And further the deponent saith not. 1, C`�7 Charles M. Salle Subscribed and sworn to before me this 19th day of March, LLL., Notary Public My Commission Expires:. H. LEE ADDISON. III DAVID L. ARNOLD SHARON E. CONNAUGHTON DARRELL A. DRINKWATER RANDOLPH C. DuVALL• LAWRENCE H. GLANZER DOUGLAS J. GLENN ELIZABETH S. HODGES DAVID L. HORNE PHILIPJ. INFANTINO DOUGLAS E. KAHLE JAMES B. LONEROAN BURKE W. MARGULIES RICHARD H. MATTHEWS MICHAEL E. ORNOFF CHARLES M. SALLE DANIEL M. SCHIEBLE MARK E. SLAUGHTER GLEN W. THOMPSON LYNN K. TIEDGE JOHN A. TILHOU W. ROBERT TURNER, 111 JOSEPH T. WALDO BONNIE M. WHEELER GUION H. WILLIS SARAH J. ZECCA 'ALSO OF NORTH CAROLINA SAR PENDER & COWARD A PROFESSIONAL CORPORATION ATTORNEYS AND COUNSELLORS AT LAW FOURTH FLOOR, GREENWICH CENTRE 192 BALLARD COURT VIRGINIA BEACH, VIRGINIA 23462-6557 TELEPHONE (804) 490-3000 FACSIMILE 1604) 497-1914 February 27, 1996 CERTIFICATE OF VESTING OF TITLE NEWTOWN SQUARE OFFICE 160 NEWTOWN ROAD, SUITE 311 VIRGINIA BEACH, VIRGINIA 23462-2463 WILLIAM C. PENDER 11693.19791 NELSON W. COWARD 11916.19891 MEMBER COMMONWEALTH LAW GROUP, LTD. DIRECT DIAL NUMBER 490-6279 I, Richard H. Matthews, Attorney for the Petitioner, VB/South Parking, L. L. C., a Virginia limited liability company ("VB/South"), do hereby certify that: 1. I am an attorney at law and represent VB/South. 2. If the portion of 8th Street designated as "8TH STREET 80' R/W 0.522 ACRES" on the attached plat is discontinued, closed and vacated by the Council of the City of Virginia Beach, Virginia, then title to the closed portion of 8th Street will vest in Burlage Associates, a Virginia general partnership, as the owner of the fee simple interest in the land adjacent to the street. Veil Richard H. Matthews ours, C EXHIBIT A Beginning at the point of intersection of the western right-of-way line of Atlantic Avenue and the northern right-of-way line of 8th Street; thence S13°39'15"E along the western right-of-way line of Atlantic Avenue a distance of 80.97 feet to the point of intersection of said right-of-way line with the southern right-of-way line of 8th Street; thence S76°06'29"W along the southern right-of-way line of 8th Street a distance of 251.08 feet to a point in the right of way; thence S36°07'30"W along said right-of-way a distance of 27.76 feet to the point of intersection of said right-of-way with the eastern right-of-way line of Pacific Avenue; thence N16°57'29"W along the eastern right-of-way line of Pacific Avenue a distance of 120.29 feet to the point of intersection of said right-of-way with the northern right-of-way line of 8th Street; thence S59°03'47"E along said right-of-way a distance of 30.24 feet to a point in the right-of-way; thence N76°06'29"E along said right-of-way a distance of 257.67 feet to the point of Beginning. MIND MIMS ATLANTIC AVE. 80' R/W S 13'39'15" E 80.97' co u) N GPIN 2427-24-4096-0000 N \F 15 BURLAGE ASSOCIATES DB 2798, PG. 1242 (M.B. 1, P.G. 20) W 0) c0 O CO 3'1 w (S 6'47'50" E) GPIN 2427-23-6816-0000 TIN 2427-23-6816-0000 GPIN 2427-23-6816-0000 N \F BUkLAGE ASSOCIATES O Ui 12400, PG. 615 (M.6 161, P.G. 32) GPIN 2427-23-5815-0000 O VIII •11, GPIN 2427-23-4857-0000 GPIN 2427-23-4824-0000 S 59'03'46" E 30.24' 42.5' +75.87 CONSTRUCTION CENTERLINE 21 0 N 16'57'29" w 120.29' PACIFIC AVE VAR. R/W 194+00 195+00 (N 6'47'50" W) S 36'07'30" W 27.76' P.O.T. 194+35.88 PACIFIC AVE. P.I. 10+00 8TH STREET EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND VACATED AS A PUBLIC RIGHT—OF—WAY VIRGINIA BEACH BOROUGH LEGEND VIRGINIA BEACH, VIRGINIA 0 Proj.No.: LOT NUMBER DRILL HOLE FOUND PROPERTY UNE R.O.W. AREA TO BE CLOSED MONUMENT FND. PHR3/4 PATTON HARRIS RUST it ASSOCIATES, PC 4542 BONBEACH, M NEY ROAD 23482A Professional Corporation VIRGINIA( 4) 7-� (so4) 4a�-�4r1 FAx En�gineers,Surveyors,Planners and Landscape Architects Fairfax. Va./Bridgewater, Va./Leesburg, Va./Virginia Beach, Va./Chantily, Va./Winchester, Va. 9421-1-0 Date: 02/27/96 Scale: 1# =501 Acad File: 8thplat Drawn/Checked JLS/WPC Item IV -J.7. ORDINANCES - 30 - ITEM # 40571 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance authorizing License Refunds in the amount of $5,289.19 upon application of certain persons and upon Certification of the Commissioner of the Revenue. Voting: 11-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 FORM NO. C.A. t REV. 9066 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Grant, David W 94-95 Audit 13.20 13.20 T/A Grants Lawn Service 4104 Shoreline Cir 154 Virginia Beach, Va 23452 Latimer Corp The 93-94 Audit 147.94 147.94 T/A Cats Meow The 636 Piney Point Road Virainia Beach, Va 23452 Pritchard Kerry & Register JM 93-94 T/A Olearys Fish Market 841 Whispering Woods Court Virginia Beach, Va 23456 Ware & Wood Enterprises, Ltd 1994 T/A Merry Maids 1706 Franklin Street Fredericksburg, Va 22401 This ordinance shall be effective from date of adoption. Audit Audit 36.00 36.00 15.94 15.94 Certified as to Payment: obert P. Vaughan Commissioner of the Revenue Approved as to form: Les le L Lilley City Attorney The above abatement(s) totaling $ 213.08 were approved by the Council of the City of Virginia Beach on the 26th day of March , 19 95 Ruth Hodges Smith City Clerk FORM NO. CA 6 REV. 3416 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Kyler Escalera & Augusta Woodruff AUDIT 60.00 60.00 T/A Advanced Auto Sound Security 1516 Virginia Beach Boulevard Virginia Beach, Va. 23454 First Financial Title Agency of Virginia, Inc. 3074 Brickhouse Court AUDIT 3,806.56 3,806.56 Virginia Beach, Va. 23452 Foyco Enterprises, Inc. AUDIT 633.99 633.99 T/A Chop Chop 301 Cedarwood Lane Chesapeake, Va. 23320 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $4,500.55 of the City of Virginia Beach on the 26th day of Ruth Hodges Smith City Clerk Certified as to Payment: obert P. Vaughan Commissioner of the evenue Approved as to form: L ie . Lilley City Attorney were approved by the Council March ,19 95 FORM NO. CA a REV. 3/196 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total Kitchen Corporation 1993-95 Audit 462.14 462.14 T/A Sea Hawk Motel/Restaurant 594 Tenbee Lane Virginia Beach, VA 23451 Travel Network, Inc. 1995 Audit 83.42 83.42 1832 Longdale Drive Norfolk, VA 23518-4942 Wiley's Maintenance & Repair, Inc. 213 Driftwood Road 1994-95 Audit 30.00 Virginia Beach, VA 23452 Certified as to Payment: 30.00 Obert P. Vaughan Commissioner of the Revenue Approved as to form: L. Lilley City Attorney This ordinance shall be effective from date of adoption. The above abatement(s) totaling $575.56 were approved by the Council of the City of Virginia Beach on the 26th day of March 1995 Ruth Hodges Smith City Clerk - 31 - Item IV -K PUBLIC HEARING ITEM # 40572 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. LYNN LTD. 2. LEO C. WARDRUP, III 3. BRIAN C. LARGE 4. TARGET 5. TAYLOR FARM ASSOCIATES, L.L.C. 6. TWIN STAR ENTERPRISES, INC. 7. CITY OF VIRGINIA BEACH RECONSIDERATION TO MODIFY CONDITIONS (Marie T. Lamb appr. 1/19/88) VARIANCE VARIANCE CONDITIONAL CHANGE OF ZONING CHANGES OF ZONING AND MODIFICATION TO THE LAND USE PLAN CHANGE OF ZONING AND CONDITIONAL USE PERMIT AMEND AND REORDAIN SEC. CITY CODE/re INSPECTION FEES AMEND AND REORDAIN SITE PLAN ORDINANCE RE ENGINEER COST ESTIMATES AMEND CZO CORRECTIONAL FACILITIES FLOODPLAIN REGULATIONS March 26, 1996 Item IV -K PUBLIC HEARING PLANNING BY CONSENT - 32 - ITEM # 40573 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council APPROVED IN ONE MOTION Items 4 (Deferred to April 9, 1996) and 7 a.b. of the PLANNING BY CONSENT AGENDA. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Louis R. Jones March 26, 1996 Item IV -K 1. PUBLIC HEARING PLANNING - 33 - ITEM # 40574 Upon motion by Council Lady Strayhorn, seconded by Councilman Dean, City Council REFERRED BACK TO PLANNING COMMISSION the RECONSIDERATION TO MODIFY CONDITIONS in the January 19, 1988, approved Application of MARIE T. LAMB for a Change of Zoning District Classification from R-8 Residential District to A-1 Apartment District for LYNN LTD. at the Southwest corner of Bonney Road and Kenley Road (4973 Bonney Road), containing 7.8 acres (KEMPSVILLE BOROUGH). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 Item IV -K2. PUBLIC HEARING PLANNING - 34 - ITEM # 40575 The Honorable Leo C. Wardrup, III, represented his application. Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROVED the Application of LEO C. WARDRUP, III for a Variance to Section 4.4(b) of the Subdivision Ordinance, which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance. Appeal form Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance. subdivision for Leo C. Wardrup, Jr., & Leo C. Wardrup, III. proeprty is located at 1057 Old Lane. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 - 35 - Item IV -K3. PUBLIC HEARING ITEM # 40576 PLANNING Lance C. Large, 3284 Edinburgh Drive, Phone: 431-1041, represented the applicant The following registered in OPPOSITION: Gerard Dworske, Jr., 445 Smiths Lane, Phone: 340-3125 Louis L. Chappell, 441 Smiths Lane, Phone: 340-3843 Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council DENIED Application of BRIAN C. LARGE for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires all lots created to meet all requirements of the City Zoning Ordinance: Appeal from Decisions of Administrative Officers in regard to certain elements of the subdivision ordinance. Subdivision for Brian C. Large. Property is located at 445 Smith's Lane. LYNNHAVEN BOROUGH. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 Item IV -K4. PUBLIC HEARING PLANNING BY CONSENT - 36 - ITEM # 40577 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council DEFERRED UNTIL CITY COUNCIL SESSION OF APRIL 9, 1996 the Application for TARGET for a Conditional Change of Zoni g District Classification: ORDINANCE UPON APPLICATION OF TARGET, FOR A CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R -5D to B-2 Ordinance upon application of Target for a Conditional Change of Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community Business District at the southeast corner of Princess Anne Road and Lynnhaven Parkway. The proposed zoning classification change to B-2 is for general commercial land use. The Comprehensive Plan recommends use of this parcel for suburban high density residential at densities that are compatible with single family use in accordance with other plan policies. (The plan also recognizes this site as an opportunity area with potential for mixed use development) Said parcel contains 19 acres. KEMPSVILLE BOROUGH Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Louis R. Jones March 26, 1996 Item IV—K5. PUBLIC HEARING PLANNING — 37 — ITEM # 40578 Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant/ Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED, subject to the required right—of—way alignment reservation for the Southeastern Parkway and Greenbelt shall be reserved with the proviso that the City will notify the developer in three years as to whether or not the City would require this right—of—way; however, the City shall not be required to purchase such right—of—way for a period of five (5) years; and, accepted revised Condition 2C Ordinances upon application of TAYLOR FARM ASSOCIATES, LLC for Changes of Zoning and Modification to the Land Use Plan: ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-20 to R-10 Z03961487 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA A N D, Ordinance upon application of Taylor Farm Associates, LLC for a Change of Zoning District Classification from R-20 Residential District to R-10 Residential District on the following parcels: Parcel 1: South side of London Bridge Road, 1460 feet more or less West of Pine View Avenue. Parcel 2: South side of London Bridge Road, 800 feet more or less West of Pine View Avenue. The proposed zoning classification change to R-10 is for single family residential land use on lots no less than 10,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcels contain 6.5 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 TO R-10 Z03961488 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Taylor Farm Associates, LLC for a Change of Zoning District Classification from AG -1 Agricultural District to R-10 Residential District on certain property located 2650 feet more or less southwest of the intersection of London Bridge Road and Pine View Avenue. The proposed zoning classification change to R-10 is for single family residential land use on lots no less than 10,000 square feet. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 11 acres. PRINCESS ANNE BOROUGH. March 26, 1996 - 38 - Item IV -L.5. PUBLIC HEARING ITEM # 40578 (Continued) PLANNING A N D, ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROMR-10 TO PD -H2 PLANNED UNIT DEVELOPMENT ZO3961489 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA A N D, Ordinance upon application of Taylor Farm Associates, LLC for a Change of Zoning District Classification from R-10 Residential District to PD -H2 Planned Unit Development on certain property located 2670 feet more or less southwest of the intersection of London Bridge Road and Pine View Avenue. The proposed zoning classification change to PD -H2 is for planned development. The Comprehensive Plan recommends use of this parcel for suburban low density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 17.5 acres. PRINCESS ANNE BOROUGH. ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES; LLC FOR A MODIFICATION TO THE LAND USE PLAN FOR T.C.C. DEVELOPMENT CORPORATION Ordinance upon application of Taylor Farm Associates, LLC for a modification to the Land Use Plan for T.C.C. Development Corporation which was granted on January 14, 1985. Property is located on London Bridge Road west of Pine View Avenue. Said parcel contains 300 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: 1. Until March 26, 1999, the February 2, 1996 plan will govern development of the property. If the right-of-way for the Southeastern Parkway and Greenbelt is acquired before that date, then that plan will continue to govern thereafter. If the right-of-way is not acquired by that date, then the November 1995 plan will govern commencing on March 26, 1999; provided, however, that the City shall not be required to purchase such right-of-way for a period of five (5) years. 2. Development shall be in accordance with the submitted development regulations dated February 5, 1996, except that minimum sideyard setbacks shall be as follows: A. 5000 to 6000 square foot lots - 5' on one side and 10' on the other. B. 7,500 square foot lots - 5' on one side and 10' on the other. C. AMENDED - Sideyard adjacent to a street - 15' for all lots, plus a minimum of 10' landscaped common area to be owned and maintained by the Property Owners Association between the streets and the side lot lines, to provide the equivalent of at least a 25' setback March 26, 1996 Item IV -,L.5, PUBLIC HEARING PLANNING - 39 - ITEM # 40578 (Continued) These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of March. Nineteen Hundred and Ninety -Six. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 -40 - Rem IV -L.6. PUBLIC HEARING ITEM # 40579 PLANNING Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant. Matthew S. Brown, General Manager, Family Ventures, 2425 George Mason Drive, Phone: 427-0187, was in OPPOSITION. Upon motion by Councilman Baum, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL SESSION OF MAY 28, 1996 Ordinances upon application of TWIN STAR ENTERPRISES, INC. and, ORDINANCES UPON APPLICATION OF TWIN STAR ENTERPRISES, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM B-1 AND 0-2 TO CONDITIONAL 0-2 Ordinance upon application of Twin Star Enterprises Inc., for a Change of Zoning District Classification from B-1 Neighborhood Business district and 0-2 Office District to Conditional 0-2 Office District on the southeast side of North Landing Road, northeast of Courthouse Drive. The proposed zoning classification change to 0-2 is for office land use. The Comprehensive Plan recommends use of this parcel for retail/service use in accordance with other plan policies. Said parcels are located at 2371, 2380, 2387, 2388, 2395 and 2396 Court Plaza Drive and contain 6.166 acres. PRINCESS ANNE BOROUGH ORDINANCE UPON APPLICATION OF TWIN STAR ENTERPRISES, INC. FOR A CONDITIONAL USE PERMIT FOR A CORRECTIONAL FACILITY Ordinance upon application of Twin Star Enterprises, Inc. for a Conditional Use Permit for a correctional facility on the southeast side of North Landing Road, northeast of Court House Drive. Said parcel are located at 2371, 2380, 2387, 2388, 2395 and 2396 Court Plaza Drive and contain 6.166 acres. PRINCESS ANNE BOROUGH. IF ORDINANCES TO AMEND SECTIONS 111 AND 801 RE CORRECTIONAL FACILITY ARE DENIED ON APRIL 23, THEN THESE APPLICATIONS WILL NOT BE RESCHEDULED Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 Item IV -L.7. a. b. PUBLIC HEARING PLANNING BY CONSENT -41 - ITEM # 40580 Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED: Ordinances upon application of the CITY OF VIRGINIA BEACH: a. AMEND Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33- 72, 33-74 and 33-75 of the Code of Virginia Beach re right- of-way permits and inspection fees and public utility inspection fees. B. AMEND and REORDAIN Sections 4.1A and 7A.1 of the Site Plan Ordinance re engineer cost estimates for development and construction projects and permit and inspection fees Voting: 9-0 (By Consent) Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III and Louis R. Jones March 26, 1996 1 2 AN ORDINANCE TO AMEND THE SITE PLAN ORDINANCE 3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY 4 REQUIRING THE PROVISION OF AN ENGINEER'S COST 5 ESTIMATE ON SITE PLAN APPLICATIONS FOR 6 DEVELOPMENT AND CONSTRUCTION PROJECTS AND 7 MODIFYING THE PROCEDURE FOR PAYMENT OF PERMIT 8 AND INSPECTION FEES. 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Sections 4.1A and 7A.1 of the Site Plan Ordinance of the 12 City of Virginia Beach, Virginia, are hereby amended and reordained 13 to read as follows: 14 Sec. 4. Information required on site development plan. 15 4.1. Nine (9) copies of a site plan, prepared, stamped and 16 endorsed by a registered engineer, surveyor or other persons duly 17 licensed by the Commonwealth of Virginia to practice as such, shall 18 be submitted with every application for approval, and shall contain 19 the following information: 20 A. Property and ownership information: 21 1. A location map at a scale of not less than one inch 22 equals 1,600 feet with the site plan clearly marked on 23 the location map identifying the location of the 24 property; 25 2. Present recorded property owner and map book and page 26 reference and deed book and page reference of the site 27 property; 28 3. Owners, lot numbers and map book/page reference of all 29 adjacent properties; 30 4. A boundary survey of the parcel prepared at a scale of 31 one inch equals fifty (50) feet or larger; no sheet shall 32 exceed 24 x 36 inches in size. The survey shall include 33 the acreage and/or square footage of the site and 34 indicate all boundaries by course and distance; 35 5. Iron pins 3/8 inch in diameter and 36 inches in length 36 shall be shown and installed at all lot corners, points 37 of tangents and any angle point along a given course of 38 the parcel; 39 6. All property information shall be certified by the 40 engineer or surveyor of the project; 41 7. Existing zoning; 42 8. Geographical parcel identification number. 43 9. Effective January 1, 1995, every site plan for a 44 structure in the residential use group, as defined in the 45 Virginia Uniform Statewide Building Code, containing any 46 land located in an aircraft accident zone as designated 47 on the geometric specifications and height limitations 48 map and/or in noise zone 3, 2 or M as designated on the 49 city zoning map, shall delineate the boundaries of such 50 zones and such site plan shall state as follows: "THIS 51 SITE LIES WITHIN AIRCRAFT ACCIDENT ZONE AND/OR NOISE 52 ZONE(S) AND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR 53 ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO 54 AIRPORT OPERATIONS. NOISE ZONE ATTENUATION MEASURES FOR 55 NEW CONSTRUCTION ARE REQUIRED IN ACCORDANCE WITH THE 56 AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND HEIGHT 57 RESTRICTIONS HAVE BEEN IMPOSED IN ACCORDANCE WITH SECTION 58 202(b) OF THE CITY ZONING ORDINANCE." 59 10. An engineer's cost estimate for the construction of 60 stormwater management facilities and all infrastructure 61 located within the public rights-of-way and easements. 62 COMMENT 63 The requirement of providing an engineer's cost estimate on site plan applications will enable the Planning Department 64 to assess the appropriate inspection fees for a construction or development project. It is anticipated that this change will increase 65 the efficiency of inspection and fee collection services while decreasing the City's costs as well as the developer's costs 66 associated with such services. 67 . . . 68 Sec. 7A. Permit and inspection fees. 69 7A.1. At the timc of installation of improvcment3, p Permit 70 and inspection fees shall be as generally provided for permits and 71 inspections specified in other ordinances of the city. For permits 72 and inspections not elsewhere specified, fees shall be based on 73 cost, and shall be payable, as determined by the agency involved_, - 74 =- ._ - =- = =. Failure to 2 75 pay within the period stipulated may be penalized by imposition of 76 a stop -work order, withholding of occupancy permits or such other 77 actions as is deemed warranted in the circumstances of the case. 78 COMMENT 79 The first phrase of Section 7A.1 was deleted because all fees must be paid at the time a permit is issued not at the time 80 of the installation of the improvements. 81 The 30 day billing period has been eliminated to streamline the payment and collection of permit and inspection fees. 82 This ordinance shall become effective the fifteenth day of 83 April, 1996. 84 Adopted by the City Council of the City of Virginia Beach on 85 this 26th day of March, 1996 86 CA -6186 87 DATA/ORDIN/PROPOSED/4-1-7-1.COM 88 March 20, 1996 89 R-4 3 APPROVED AS TO CONTENT (7‘h) Planning Department APPROVED AS TO LEGAL SUFFICIENCY tit6ti- ‘ --- Department of Law 1 AN ORDINANCE TO AMEND THE CITY CODE BY 2 MODIFYING THE DEFINITION OF THE TERM 3 "STRUCTURE;" REQUIRING THE PROVISION OF A 4 TRAFFIC CONTROL PLAN AND AN ENGINEER'S COST 5 ESTIMATE ON PERMIT APPLICATIONS FOR 6 CONSTRUCTION OF IMPROVEMENTS IN PUBLIC RIGHTS - 7 OF -WAY AND EASEMENTS; AND MODIFYING AND 8 CLARIFYING THE AMOUNT OF PERMIT AND INSPECTION 9 FEES FOR CONSTRUCTION OF IMPROVEMENTS IN 10 PUBLIC RIGHTS-OF-WAY AND EASEMENTS 11 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33-72, 33-74, 17 and 33-75 of the Code of the City of Virginia Beach, Virginia, are 18 hereby amended and reordained to read as follows: 19 20 Sec. 33-29. Definitions. 21 For the purposes of this article, the following words shall 22 have the meanings respectively ascribed to them by this section: 23 Permittee. The word "permittee" shall mean any person to 24 whom a permit is issued pursuant to this article. 25 Street. The word "street" includes alleys, avenues, 26 boulevards, parks, public rights-of-way and all other public places 27 or easements. 28 Structure. The word "structure" means any building, pole 29 and appurtenance thereto, fixture, post, wire, guy and tower and 30 cable, vault, culvert, drainage system as defined in the stormwater 31 management ordinance (appendix D), manhole and other underground 32 installations. 33 34 COMMENT 35 The term drainage system was added to the definition of structures to reflect the reality that such structures are 36 reviewed and inspected under Chapter 33. This change is a housekeeping issue. 37 38 . . . 39 40 Sec. 33-51. General requirement. 41 42 Except as otherwise provided in this article, it shall be 43 unlawful for any person to perform any work in connection with the 44 erection, construction, removal, relocation or maintenance of any 45 structure, drainage system, surface, overhead or underground 46 installation or to cut, trim or spray trees or to place signs, if 47 such work, cutting, trimming, spraying or placing is on, under or 48 over a street or affects a street, until such person has obtained 49 a permit therefor in accordance with the provisions of this 50 division. 51 52 COMMENT 53 Similar to the amendment in Section 33-29, drainage systems and structures located in public rights-of-way and 54 easements have always required a permit under this chapter. However, these items were not expressly addressed in the 55 ordinance. 56 57 58 59 Sec. 33-53. Application. 60 61 (a) Application for a permit required by this division shall 62 be filed on forms supplied by the city. Such application shall show 63 all required information and be signed by the applicant or his 64 authorized agent. Such application shall include a description of 65 the work to be done and a sketch or site plan showing such work, if 66 required by the city manager or his designee. 67 (b) Sketches or site plans filed with an application under 68 this section shall show the following: 69 (1) The nature of the work to be done. 70 (2) Property lines, where appropriate, and street right -of - 71 way lines with location of the work with reference to a 72 fixed point on the street. 73 (3) Where surface or underground work is involved, a cross 74 section indicating conditions and proposed changes. 75 (4) Where grading operations are involved, the pavement, 76 shoulder, ditch and slope. 77 (5) Any tree which is to be removed. 78 III A traffic maintenance/control plan. 79 la An engineer's cost estimate of the total construction 80 costs of any improvements located within public rights - 81 of -way and easements. 82 (c) In addition to the information required in subsection (b) 83 above, a sketch or site plan filed with Aan application filcd under 84 this section for a permit involving underground installations shall 85 be accompanied by a sketch 3howIng also show the following: 86 (1) The exact location and dimensions of conduits, pipes, 87 vaults, manholes, crossings and other installations. 88 (2) Type (concrete, iron, etc.). 89 (3) Depth of covering material. 2 90 (4) Outlets, showing type and size. 91 (5) Design and location of identification indicators. 92 93 COMMENT 94 The addition of site plans to an application for improvements in public rights-of-way and easements addresses 9 5 the issue that site plans may be required in lieu of sketches because the nature of some of the improvements in the rights - 9 6 of -way or easements may require details and profiles beyond those normally provided in a sketch. 97 98 The requirement of a traffic control plan is addressed in Section 33-32.1. However, the ordinance was silent 9 9 as to when, in the review process, a developer would be required to submit the plan. This change requires the developer 10 0 to provide the traffic control plan at the time he applies for a permit. 101 102 The requirement of an engineer's cost estimate will facilitate the assessment of appropriate inspection fees. 103 . . . 104 105 Sec. 33-57. Issuance for logging roads, tram roads and other 106 temporary entrances. 107 108 The city manager or his designee may issue a permit under this 109 division authorizing a logging road, tram road or other temporary 110 private entrance, if in addition to all other applicable 111 requirements of this division, there is posted a bond, satisfactory 112 to the city manager or his designee, conditioned that off-site 113 drainage shall not be disrupted and that the permittee shall 114 maintain erosion and sediment controls, drainage, including off - 115 site drainage, during his operations and that his failure to do so 116 will result in the cancellation of his permit. No such bond shall 117 be released until the entrance and all drainage, including off-site 118 drainage, has been inspected and found to be in at least the same 119 condition as existed at the time of the issuance of the permit. 120 121 COMMENT 122 The maintenance of erosion of sediment controls requirement was added because these devices are an integral 123 part of construction projects and their maintenance is subject to inspection. The amendment clarifies that maintenance 124 of erosion and sediment controls is a requirement under the permit. 125 126 . . . 127 128 Sec. 33-71. Schedule. 129 130 (a) Exccpt a3 providcd in subscction (b), pPermit, inspection 131 and guarantee fees for work for which a permit is required by this 132 article shall be required or not required in accordance with the 133 following schedule: 134 3 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 Typc Pcrmit Minimum guarantcc fcc of projcct and incpcction €tee A. ENTRANCES: Non $25.00 Dcpo3it in rcsidcntial and rcsidcntial othcr than two accordancc with single or family dwclling3 estimated coat (including work to relatcd Site plan review, logging tram roads, temporary roads, entrances commercial service drainage roads, ditches and improvements a3 construction plana).... B. STRUCTURES: 1. Stcp3, $25.00 $25.00 sidewalks.... 2. Polc3, $0.25 Deposit in unless by cach with 4-2-5-3-44-mInImum authorised franchise accordance with or catimatcd cost certificate of convcnicncc and necessity.... 3. Cuy3 $0.25 Dcpo3it in and/or cach with $25.00 ,. ' �.h ,.,.a .,...z-wi-� anchors, unless authorised by franchiac minimum catimatcd cost or certificate of convenicncc and necessity.... $0.25 Dcpo3it in including each with ith guy $25.00 minimumaccordancc wirco, unlcs3 by cstimatcd cost authorizcd franchise or certificate of eenvenIenee-e..a necessity.... 5. Underground Actual Dcposit in installations, coot ($25.00 ; th reran,. unless authorised by franchise estimated cost or certificate of convcnicncc and nccessity.... 6. Structurca Nene Nene (including any of the foregoing) by authorizcd ranchi3c or icatc ccrtif of convcnicncc and nccc:rity.... 4 193 194 195 196 197 198 199 200 201 202 203 204 C. SPECIAL: Trcc trimming, cutting or spraying, unlc3 authorized by franchi3c or certificate of eenvenIenee-ena itv.... $25.00 minimum $25.00 MISCELLANEOUS: All others.... Actual coot Deposit in aeee,.a..,..,.,. ; }h estimated co3t 205 206 (b) The permit fee for work for which a permit i3 rcquircd by 207 this articic Shall be twenty dollars ($20.00) when work to be 208 performed is on, or is adjacent to, or otherwise benefits or 209 affects, a singlc or two family dwclling. 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 TYPE OF PROJECT PERMIT INSPECTION FEE MINIMUM FEE GUARANTEE FEE (a) One (1) permit $25 Based on 1.5% Deposit in for work of a the total cost accordance continuing nature of construction with as provided in estimated the engineer's cost cost estimate, excluding water, sewer and street light costs, with a $50 minimum. (b) Logging road, $25 $50, Deposit in tram road and other accordance temporary entrances with estimatedcost (c) Cutting, trimming $25 $50 $25 or spraying trees or shrubs (d) Blanket permit $25 $50 Deposit in accordance with estimated cost (e) Single or two- $20, 11 $0 family driveway aprons If) Work authorized $25 la 10 by franchise or certificate of convenience and necessity 5 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 (g) All other work $25 Based on 1.5% of the total cost of construction as provided in the engineer's cost estimate, excluding street light costs, with a $50 minimum provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7500 plus 1.5% of the construction cost in excess of $7500, with a $50 minimum. 266 267 COMMENT 2 6 8 This section was consolidated to simplify the permit, inspection and guarantee fee schedules for the public. The 2 6 9 consolidation will also facilitate the assessment and implementation of such fees. The new section provides for separate 2 7 0 permit, inspection and guarantee fees and sets forth the procedure for assessment of such fees based on the nature of the 2 71 improvement. This section also combines the fees previously addressed in Section 33-72. 272 2 7 3 Rather than assessing inspection fees on a per hour basis, the inspection fees for certain improvements will be 2 7 4 assessed on a percentage basis. It is anticipated that under this procedure, the inspection fees paid by developers will be 2 7 5 less and the cost of services provided by City staff will decrease. 276 277 278 279 Sec. 33-72. Reserved. 280 281 282 Exccpt as to the minimum fces set forth in scction 33 71, 283 forty dollars ($40.00) per hour. Inspcction3 made shall be tho3c 284 285 and orderly manncr. 286 287 288 COMMENT The inspection fees are now set forth in Section 33-71(g). 289 . . . 290 291 Sec. 33-74. Sufficiency of guarantee fees. 292 293 Guarantee fees under this division shall be sufficient to 294 cover the cstimatcd inspection fccs and the estimated cost of 295 completing the work and/or restoring the street to a satisfactory 296 condition should the holder of a permit issued under the provisions 297 of this article fail to do so. 298 299 COMMENT 300 This amendment addresses the situation where a developer fails to complete the work required under the permit 301 and the City must undertake completion to ensure the public health and safety. 302 303 6 304 Sec. 33-75. Return of guarantee fee. 305 306 Whenever work done pursuant to a permit provided for in this 307 article is completed and approved by the city manager or his 308 designee or the city has made the necessary corrections, the city 309 manager or his designee shall return the guarantee fee, after 310 deducting therefrom the any inspection fee and such other 311 deductions as are provided for in this article, to the permittee. 312 COMMENT 313 This amendment addresses re -inspection fees which may be assessed after initial inspection fees are paid. 314 Normally such fees are not billed unless the guarantee fee was not required initially. 315 316 This ordinance shall become effective on the fifteenth day of 317 April, 1996. 318 Adopted by the City Council of the City of Virginia Beach on 319 this 26th day of March 320 CA -6157 321 DATA/ORDIN/PROPOSED/33-ETC.COM 322 March 20, 1996 323 R-4 7 1996. APPROVED AS TO CONTENT Department of Planea 0 Department of Public Utiliti s APPROVED AS TO LEGAL SUFFICIENCY Department of Law Item IV-L.7c. PUBLIC HEARING PLANNING - 42 - ITEM # 40581 Upon motion by Councilman Baum, seconded by Councilman Branch, City Council DEFERRED UNTIL CITY COUNCIL SESSION of April 23, 196, applications of the CITY OF VIRGINIA BEACH: Amendments to the City Zoning Ordinance: (1) AMEND and REORDAIN Section 111 of the City Zoning Ordinance re definition of correctional facility (2) AMEND and REORDAIN Section 801 of the City Zoning Ordinance by ADDING correctional facilities as a conditional use in the 0-2 Office District. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 - 43 - Item IV-L.7d. PUBLIC HEARING ITEM # 40582 PLANNING Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council: Applications of the CITY OF VIRGINIA BEACH: Floodplain Regulations: 1. REPEALED Article 12 of the City Zoning Ordinance. 2. ADOPTED Amend and Reordain Sections 238(I)(b) and 240(a) of the City Zoning Ordinance. 3. ADOPTED Amend the Site Plan Ordinance by ADDING Section 5B. 4. ADOPTED Amend the Subdivision Ordinance by ADDING Section 6.1(m). 5. REPEALED Section 106(d) of the City Zoning Ordinance. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 1 AN ORDINANCE TO REPEAL ARTICLE 12 OF THE CITY 2 ZONING ORDINANCE, PERTAINING TO FLOODPLAIN 3 REGULATIONS 4 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 That Article 12 of the City Zoning Ordinance, pertaining to 8 floodplain regulations, be, and hereby is, repealed: 9 ARTICLE 12. FLOODPLAIN RECULATIONO 10 11 12 13 subject to 3pceial rcgulations. These rcgulations are intcndcd 14 to implcmcnt a policy of protccting thc natural floodplain3 in 15 thc city by rcquiring that any filling operation3 taking place 16 ma-intain thc same flood Storage capability and storm watcr flow 17 characteristics a3 tho3c that naturally cxiat. The purpose of 18 19 20 21 to prc3crvc thc highest po33iblc lcvcl of watcr quality in the 22 watcrways of thc area, and to support and conform to thc National 23 Flood In3urancc Program. 24 25 26 27 28 29 30 31 soil which i3 contiguous to mean high water, whooc landward and 32 33 perccnt or greater to less than tcn (10) percent, and upon any 34 part of which is growing on July 1, 1980, or grows thcrcon 35 3ub:.cqucnt thcrcto, any one or more thc following: American beach 36 grass (Ammophilla brcviligula.ta) ; beach heather (Hudsoni3 37 tomctoaa); dunc bean (Strophostylis umbcllata var, paludigcna); 38 dusty miller (Artemisia stcllcriana); salc meadow hay (spartina rcducc public costs for fleod control, rescue and rclicf cffort3, Boo. 1201. Dofinitiono. be defined a3 hcrcin indicated: Bascmcnt. Any arca of thc ground level on all sides. Co3atal primary Sand dunc. building having its floor bclow A mound of unconsolidated sandy 39 40 paniculata); sea rockct (Cakilc edcntula); 3casidc goldcnrod 41 (8olidago scmpervircna); and short dune gra33 (Panicum ararum). 42 "Coa3tal primary Sand dune" shall not include any mound of 43 and, Dandy Soil, or drcdgc Soil which has bcen dcpo3itcd by man 44 for thc purpo3c of thc temporary 3toragc of such material for 45 later u.sc. 46 Flood. A gcncral and temporary condition of partial or 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Floodplain. That land arca adjoining a river, 3trcam, 64 watcrcour3c, ocean, bay, or lakc, which is 3ubjcct to inundation. 65 Floodplains ohall be determined a3 thc land 3ituatcd below the 66 cicvation of: 67 (a) That recorded by thc maximum cicvation of thc flood 68 watcr of rccord; 69 (b) Thc intermediate flood level a3 dctermincd by thc U.E. 70 Army Corp3 of Enginccr3; or 71 (c) Thc flood level a3 determined by thc department of 72 public work3, whichever i3 greater. (a) Thc overflow of inland or tidal watcr3; (b) Thc unusual and rapid accumulation of runoff or surface ....L F........ ....... ......vim.• (c) Hud3lidcs (i.c., mudflow3) which are proximately caused or precipitated by accumulations of watcr on or under thc ground. Thc collap3c or 3ub3ide of cro3ion or undcrmining cau3cd by wavc3 or currcnt3 of watcr cxcccding anticipatcd cyclical lcvcl3 or 3uddcnly cau3cd by an unusually high watcr level in a or by an unanticipated forcc of naturc, Such a3 fla3h flood or an abnormal tidal 3urgc, or by Dome Similarly unuoual and unforc3ecablc event which rc3ults in flooding a3 defincd in (a) of this 3cction. 2 73 74 75 A "floodplain" may includc one (1) or more of thc 76 77 (1) Floodway. A natural watcrcour3c with dcfinitc bcd and 78 79 80 81 82 83 84 85 86 87 88 (2) Flood fringc. The rclativcly flat arca or 89 adjoining a floodway which has bccn or 90 bc covered by flood watcr. 91 (3) Approximatcd floodplain. 92 detailed flood profilcs or cicvations arc providcd, but 93 whcrc a 100 year floodplain boundary has bccn 94 approximated. 95 (4) Coa3tal high hazard arca. 96 97 98 99 100 101 102 Lowcst floor. Thc lowc3t floor of the lowc3t cnclo3cd arca 103 (including basement). An unfinished or flood rc3i3tant 104 cnclo3urc, u3ablc 3olcly for parking of vehicles, building acce33 105 or Storage, in an arca othcr than a ba3cmcnt arca, 13 not 106 con3idcrcd a building'3 lowc3t floor, providcd that such 107 cnclo3urc i3 not built so a3 to rcndcr thc structure in violation bank3 to confine and conduct flood flow3. Floodway linc3 mu3t bc catabli3hcd in such a manner that Some to guiding future development outside thc floodway will from a 3torm drainagc maotcr plan, minimum natural floodway3 Shall bc identified by thc city 3011 3cicnti3t. A3 a minimum, the floodway i3 a3 Shown in Thc arca for may low Janda infrequently which no An arca of spccial flood hazard extending from offshore to the inland limit of a othcr arca subject to high vclocity wave action from 3torm or 3cismic 3ourcc3. A3 a minimum, the coa3tal flood inaurancc Study and accompanying map3. 3 143 thc permit date. The actual Start mens cithcr thc first 144 placcmcnt of permancnt construction of a Structure on a Site, 145 such a3 the pouring of a slab or footings, the installation of 146 piles, thc construction of columna, or any work beyond thc Stage 147 of excavation; or thc placcmcnt of a manufactured home on a 148 foundation. For substantial improvcmcnts, the actual start of 149 construction mens thc first altcration of any wall, ceiling, 150 floor, or othcr Structural part of a building, whcthcr or not the 151 alteratien affects the cxter 152 Permanent construction does not includc land preparation, such as 153 clearing, grading and filling; nor docs it includc thc 154 installation of strccts and/or walkways; nor docs it includc 155 excavation for a basement, footings, picrs, or foundations or the 156 crcction of temporary forms; nor docs it includc thc installation 157 on thc property of acccssory buildings, such as garagcs or sheds 158 159 160 161 162 waters of thc 100 year flood. Thc basis for thc delineation of 163 these ares shall bc thc flood in3urancc study for thc City of 164 Virginia Beach prepared by thc U.S. Fcderal Emcrgcncy Management 165 Agency, Fcdcral Insurancc Administration, datcd August 18, 1992, 166 and subsequent revisions. Any land included within a floodplain 167 shall be s bj-ect to t -= - 168 requirements rclating to floodway3, flood fringes, approximated 169 floodplain3, and coastal high hazard ares a3 act forth in this 170 article, providcd that any permitted development is further 171 3ubjcct to all fcdcral and State rules and regulations. Thc 172 173 174 175 176 177 178 ZZZZ definition of floodway, flood fringc, approximated floodplain, and coastal high hazard arca. (a) Thc " rcgulatory floodway" is dclinetcd for purposes within thc floodplain must bc capable of carrying the waters of the one hundred -year flood without increasing 5 108 109 110 111 112 113 114 115 of thc applicable noncicvation dc3ign rcquircmcnto of thin articic. Manufactured home. A 3tructurc subject to fcdcral 13 cight (8) body feet or more in width and forty (40) body feet or more in lcngth in thc traveling mode-, or is three hundrcd twenty (320) or more squarc fcct when erected on 3itc; i3 built 116 dwclling, with or without a permancnt foundation whcn connected 117 to the rcquircd facilities; and includes thc plumbing, heating, 118 air conditioning and cicctrical 3y3tcm3 containcd ince 119 3tructurc. 120 Manufactured homc park or 3ubdiviaion. A parccl or 121 contiguou3 parccls of land divided into two (2) or more 122 manufactured home lots for rcnt or Sale. 123 100 ycar flood. The flood having a onc (1) perccnt chance 124 of bcing cquallcd or exceeded in any given year, alio rcfcrrcd to 125 a3 "ba3c flood" or intcrmcdiatc level flood. 126 Recreational vchicic. A vehicle which i3: 127 (a) Built on a 3inglc cha33i3; 128 (b) Four hundrcd (400) squarc fcct or les3 whcn mca3ured at 129 thc largcot horizontal projcction3; 130 (c) De3igned to be 3clf propelled or permanently towable by 131 a light-duty truck; and 132 (d) Dcsigncd primarily not for use as a permanent dwclling 133 134 135 136 137 138 139 140 141 actual start of con3truction, rcpair, rcconstruction, placcmcnt, 142 or othcr improvcmcnt wa3 within onc hundrcd eighty (180) day3 of but a3 a temporary living quarters for rccreational camping, travcl or 3ca3onal u3c. Rcgulatory floodway. The channcl of a rivcr or othcr watcrcour3c and the adjacent land areas that must be rcscrvcd in order to dischargc thc ba3c flood without cumulatively increa3ing Start of construction. Includc3 substantial improvcmcnt, 4 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 floodplain shall bc undertaken only upon thc issuance of a 238 permit. Such dcvclopmcnt shall bc undertaken only in Strict 239 240 241 Statcwidc Building Codc. Prior to thc is3uancc of any such 242 permit, thc permit official shall rcquirc all applications to 243 hazard analy3cs. (v) Known high water marks from past floods. (vi) Othcr Sources, c.g., hydrologic and hydraulic analyses by profc3sional cnginccr. (c) (f) thc floodplain subjcct to inundation by high vclooity Whcrc no rcgulatory floodway has bccn mapped, tho €Ioodway shall be dccmcd to consist of any and all arcus of marsh, swamp, or permanently aaturatcd coils Q3 furthcr dcfincd in Section 1201 of this article. Initial interpretations of thc boundaries of tho floodplain shall bc made by thc city cnginecr. Any person aggrieved by thc decision or determination of thc city cnginccr may appeal same to thc board of zoning appeals. Such appeal shall bc taken within thirty (30) days aftcr thc decision appealed, by filing the pM p -'-o =ticc as reforcneed - =en -1-5-T All usc3, activitics, and dcvclopmcnt occurring within any 244 245- 246 247 drainage facility or 3yatcm. 7 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 thc water 3urfacc cicvation of that flood more than one (1) foot at any point. Thcsc arcus arc specifically defined in tablc 5 of thc Flood Insurance Study, and Z ZZ map, which i3 a part of thc Flood Insurance Study which ginccr. (b) Thc flood fringc shall bc that arca of thc 100 year floodplain not includcd in the floodway. Thc basis for year flood cicvations contained in thc flood profiles rcfcrcnccd flood boundary and floodway map. (c) Thc approximatcd floodplain shall bc that floodplain arca for which no dctailcd flood profiles or cicvation3 arc providcd, but whcrc a one hundred year floodplain boundary has bccn approximatcd. Cuch areas arc shown deten«ing thc necessary cicvation3 for thc purposca of this articic, thc city cnginccr shall obtain, rcvicw floodway data availablc from a fcdcral, state, or othcr sourcc, as critcria for requiring that new development in sone A comply with thc provisions of section 1204 of this articic. Such sources of data includc: (i) corps of Enginccrs Floodplain information epertev- (ii) U.S. Fcdcral Emcrgcncy Management Agcncy--Flood (iii) U.S. Ccological Curvcy Floodpronc quadranglc3. 6 248 Prior to any propoacd alteration or relocation of any 249 channcl or of any watercourse, stream, ctc., a permit 3ha11 be 250 obtained from thc Unitcd Statc3 Army Corp3 of Engineers, the 251 Virginia Statc Watcr Control Board, and thc Virginia Marino 252 Reaourcc3 Commi33ion (a joint permit application is available 253 254 255 jurirdiction3, the Divi3ion of Coil and Watcr Conservation of the 256 257 258 (a -}—in thc floodway areas of thc floodplain, thc following 259 u3C3 and 3tructurc3 may bc permitted, Subject to thc 260 requirements of thirt' c 261 (1) Public and privatc outdoor recreational 262 facilities, 263 (2) Agricultural uscs, including farming, grazing and 264 thc raising of poultry or livestock; providcd, 265 that poultry or livestock shall not bc housed 266 within fivc hundred (500) feet of any residential, 267 apartment or hotcl district; 268 (3) Open u3C3, such as off Street parking or loading 269 and unloading areas rclatcd to u3C3 in adjoining 270 districts; 271 (4) Commercial mining, Soil removal and sand pita, 272 subject to regulations applicablc to extractive 273 industries as act forth in thc conditional u30 274 provisions; 275 (5) Public improvcmcnta, such as dams, levees and 276 channcl improvcmcnts, and utilitic3 installations 277 and substations, including temporary storagc of 278 matcrial3, cxccpt flammable, toxic or noxious 279 matcrial3, and tcmporary location of maintenance 280 in3tallationa; 281 (6) Use3 and 3tructurc3 customarily accc33ory and 282 clearly incidcntal and 3ubordinatc to u3C3 listed from any of thc3c organization3). Furthcr, notification of the 8 283 above, including in conncction with agricultural 284 u3C3: Road3idc stands for thc 3alc of agricultural 285 products produccd on thc premises; provided that: 286 (i) Only one (1) Such stand Shall bc permitted 287 per lot, 288 (ii) No such Stand Shall cxcccd five hundred (500) 289 oquarc fcct in floor arch, and 290 (iii) No such stand on thc 3trcct frontagc Shall be 291 292 293 294 295 296 297 298 299 300 301 notwithstanding, no use or 3tructurc or substantial improvement 302 to an cxisting 3tructurc Shall bc permitted in any floodway, if 303 3uch U3C or 3tructurc or substantial improvcmcnt will adversely 304 affect normal flood flow, or will increase flooding of lands 305 abovc or below thc property, or will increase erosion within or 306 adjoining the floodway, or will cause divcr3ion of flood waters 307 in—any a zy to create damage than docs flow in a 308 normal coursc, or will increase peak flows or vclocitie3 in a 309 manner likcly to lead to addcd property damagc or hazards to 310 lifc, or will increase amounts of damaging materials (including 311 tho3c likely to be injurious to health) which might bc carried 312 downstream in floods. Encroachments, including fill, new 313 construction, substantial improvements, and othcr development 314 315 316 ba3c flood di3chargc is 3pccifictially prohibitcd. No variance 317 318 rcgulatory floodway that would ctiau3c any incrca3c in flood created within twenty (20) fcct of thc property line. of thc floodplain, land Shall bc subject to thc uac g s of t approximated floodplain a3 3ct forth in this articic. (a) Regulation of floodway3. Any provision to thc contrary within thc rcgulatory floodway that would result in any increase 9 319 heights. If a structure is allowed or grantcd a variancc to be 320 looted within a regulatory floodway, it Shall also mcct the 321 regulations for flood fringc3 and approximatcd floodplains. 322 (b) Regulation of flood fringes and approximated floodplain. 323 Evcry Structure or substantial improvement to an existing 324 325 floodplain Shall be 30 located, cicvatcd, and constructed as to 326 resist flotation and to offer minimum obstruction to flood flow. 327 The lowest floor (including basement) of cvcry atructurc shall be 328 329 except as providcd for in Section 4.1.B.4. of thc site plan 330 ordinance. No U3C shall bc permitted if Such U3C will increase 331 thc amounts of potentially damaging matcriala (including those 332 likcly to bc injurious to health) which might be carried 333 downstream in floods. Electrical, heating, ventilation, 334 plumbing, and air conditioning cquipmcnt and other Service 335 facilities shall bc designed and/or looted so as to prcvcnt 336 watcr from entcring or accumulating within the components during 337 conditions of flooding. For all new construction and Substantial 338 improvements, fully encloscd ares bclow thc lowest floor that 339 arc 3ubjcct to flooding shall bc designed to automatically 340 equalise hydrostatic flood forces on cxtcrior walls by allowing 341 for thc cntry and cxit of flood watcrs. Designs for meeting this 342 requirement must cither bc certified by a rcgistcrcd professional 343 cnginccr or architcct or must mcet or cxcccd thc following 344 minimum criteria: 345 (i) A minimum of two (2) opcnings having a total net arca 346 of not 1c33 than one (1) square inch for cvcry square 347 foot of enclosed arca 3ubjcct to flooding Shall bo 348 provided. 349 (ii) The bottom of all opcnings Shall be no highcr than one 350 (1) foot above gradc. 351 (iii) Openings may bc cquippcd with Screens, louvers, or 352 othcr covcrings or devices providcd that thcy permit 353 thc automatic cntry and cxit of flood watcrs. 10 354 355 356 357 (c) Floodplaina subject to special rcatrictions. 358 opacity or adversely affect storm watcr flow condition3 as 359 dctcrmincd upon review by the city cnginccr except for the 360 purpose of roadway construction or othcr similar public works 361 = _ 362 363 thc following floodplain3: 364 365 366 367 368 369 (1) North Landing Rivcr and it3 tributaries South of Corner Road and London Bridge Road; and (3) Bay3, crccks, lakes, guts, coves, marahc3 and swamps 370 South of South Birdncck Road and cast of Princcao Anne 371 372 373 374 375 376 waves, and erosion drainage. Removal of such barriers will be 377 allowcd only if thc landowner agrees to con3truct artificial 378 barricr3 in thcir place, such as seawalls, bulkheads, jcttic3, or 379 groin3, providing an equal or greater protcction from wind, wave 380 and watcr action. 381 (a) Coa3tal high hazard arca. In thc coastal high hazard 382 Sand dunes, barricr beaches and othcr natural protcctivc 383 384 385 386 387 388 arca (zonc3 V1 30), thc following rcgulations 311311 (1) No land bclow thc level of thc 100 year tidal flood may be developed unless or 3ub3tantial improvcmcnt: thc new con3truction i. I3 looted landward of thc reach of thc mean high tidc; 11 389 ii. I3 cicvatcd on adcquatcly anchorcd pilcs or 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 columna, and securely anchorcd to Such piles or columna 30 that thc lowest portion of the otructural members of thc lowc3t floor is cicvatcd to at least one (1) foot abovc the 100 ycar maximum wavc creat elevation, as iii. Has bccn ccrtificd by a registered professional enginccr or architcct that it is pilings or columna in order to withstand iv. Has thc space bclow the lowest floor cithcr frcc of obstruction or constructcd with latticcwork, or insect screening intcndcd to causing oollap3c, displacement, or othcr For thc purposes of this article, a breakaway wall shall have a design 3afc loading resistance of not leas than tcn (10) and no morc than twcnty (20) pounds per square foot. 3afc loading rcoi3tancc of twcnty (20) pounds rcquircd by local or state codes) may be permitted only if a rcgistcrcd professional engineer or architcct ccrtific3 that the designs proposed mcct thc following conditions: 12 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 (i) Breakaway wall collapoe shall rc3ult from a watcr load 1c33 than that which would occur during thc ba3c flood; and (ii) The elevated portion of thc building and bc 3ubjcct to collap3c, displaccmcnt, or othcr Structural damage duc to the oimultancou3ly on all building loading valuco to bc uocd in thio percent chance of bcing cquallcd or year mean recurrcncc interval) . Such for parking of vchicics, building or Storage. V. Doc3 not utilise fill for structural Support of building3 or structurc3. vi. Hai thc electrical, heating, ventilation, plumbing, and air conditioning equipment and located 30 a3 to prcvcnt watcr from entering or accumulating within the componcnts during condition3 of flooding. vii. Mcct3 all othcr applicable requirements for con3truction in high hazard sonc3 found in (2) In thc coa3tal hazard arca of thc floodplain, land Shall bc 3ubjcct to thc u3c rcgulation3 of the appropriate zoning di3trict, a3 wcll a3 the 3pccial rcgulation3 rclating to coa3tal high hazard arca3 aS 3ct forth in thi3 article. 13 457 Existing nonconforming uzcs and/or structurc3 458 locatcd on land bclow thc level of 100 year 459 maximum wavc crc3t cicvation, a3 Shown in the 460 Flood In3urancc Ctudy and accompanying map3, Shall 461 not bc expanded. 462 (3) The manmade alteration of Sara a...,...,. d 463 incrcaoc potcntial flood damage i3 prohibited. 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 491 3itc3 within a coa3tal high hazard arca Shall comply with the (a) Manufactured homcs placcd or sub3tantially improved on 3itc3 within a flood fringc or approximated floodplain 3ha11: (1) Bc elevated on a permanent foundation Such that the lowcit floor of thc manufactured home i3 elcvatcd to or an adequately anchored foundation 3y3tcm to rc3i3t flotation, collap3c and latcral movcmcnt; providcd; (3) In thc in3tancc of elevation of piling°, bc on Iota largc cnough to permit Steps, havc piling foundation3 in Stable coil no more than tcn (10) fcct apart, and havc reinforcement provided for piling3 more than Six (6) fcct above thc ground; (4) Havc electrical, heating, ventilation, plumbing, and air conditioning cquipmcnt and othcr 3crvioc facilitic3, dc3igncd and/or locatcd so a3 to prcvcnt water from entering or accumulating within the (5) componcnt3 during condition3 of flooding; and Havc fully cnoloscd arca3 bclow thc lowest floor that rcquircmcnt3 dc3cribcd in 3cction 1204(b) of thio articic. (b) Manufactured homcs placcd or substantially improved on 14 492 493 h areao. 494 495 496 either, (0) Recreational vehicics placcd or substantially improvcd 497 (1) Be on the site for fewer than one hundred eighty (180) 498 499 (2) Bc fully lioonacd and ready for highway usc/ or 500 (3) Mcct all applicable permit rcquircmcnts for placement 501 502 503 A rccreational vehicle is ready for highway usc if it is on and the elevation and anchoring rcquircmcnts for 504 505 disconnect typc utilities and ocourity dcvioco, and has no 506 507 (d) Recreational vchicica placed or substantially improvcd 508 on aitcs within a ooaatal high hazard arca shall either: 509 (1) Bc on the eitc for fewcr than one hundred cighty (180) 510 eenscoutivc days -t 511 (2) Bc fully liocnacd and rcady for highway usc; or 512 (3) Mcct the same otandarda applicable to conventional 513 housing in coastal high hazard area3. 514 515 Adopted by the City Council of the City of Virginia 516 Beach, Virginia, on the 26th day of March , 1996. 517 CA -95-5994 518 /wmordres/45-1200et.pro 519 R-1 520 10-10-95 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 15 APPROVEDA$ TO CONTENT Planning t 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 238 AND 240 OF THE CITY ZONING ORDINANCE, PERTAINING TO MOBILE HOMES AND RECREATIONAL CAMPGROUNDS IN FLOODPLAINS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 238 and 240 of the City Zoning Ordinance, pertaining to mobile homes and recreational campgrounds, be, and hereby are, amended and reordained, and shall read as follows: Section 238. Mobile homes. (I) Mobile home parks shall be subject to the following conditions: (b) Tract. The mobile home park shall comprise a single tract except where divided by public streets or alleys or where the total tract includes separate parcels for necessary utility plants, maintenance or storage facilities with appropriate access to the park. All lands involved shall be so dimensioned and related as to facilitate efficient design and management. Density shall not exceed seven (7) units per gross acre. mobile home park located in a floodplain shall also subject to the provisions of Section 5B of the Site Plan Ordinance (Appendix C) of the City of Virginia Beach. For purposes of floodplain management, the terms "mobile home", "mobile home park" and "mobile home subdivision" shall have the same definitions as the terms "manufactured home" and "manufactured home park or subdivision", respectively, as set forth in section 1201 of thin ordinance 5B of the Site Plan Ordinance (Appendix C) of the City of Virginia Beach. Any be 34 Section 240. Recreational campgrounds. 35 Recreational campgrounds shall be subject to the following 36 conditions: 37 (a) Physical character of site. Condition of soil, 38 groundwater level, drainage and topography shall not 39 create hazards to the property or the health or safety of 40 the occupants. The site shall not be exposed to 41 objectionable smoke, noise, odors, or other adverse 42 influences, and no portion subject to unpredictable 43 and/or sudden flooding, subsidence or erosion shall be 44 used for any purpose which would expose persons or 45 property to hazards. Recreational campgrounds located 46 within floodplains shall also be subject to the 47 provisions of Articic 12 of thi3 ordinance Section 5B of 48 the Site Plan Ordinance (Appendix C) of the City of 49 Virginia Beach. 50 . . . . 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the 26th day of March , 1996. 53 CA -95-6067 54 \wmordres\45-238.pro 55 R-1 56 October 10, 1995 2 APPROVE AS TO CONTENT Planning Department AP ROVED AS TO LEGAL plk G epartment of Law 1 AN ORDINANCE TO AMEND AND REORDAIN THE SITE 2 PLAN ORDINANCE OF THE CITY VIRGINIA BEACH BY 3 THE ADDITION OF A NEW SECTION 5B, PERTAINING 4 TO FLOODPLAIN REGULATIONS 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That the Site Plan Ordinance of the City of Virginia Beach be, 8 and hereby is, amended and reordained by the addition of a new 9 Section 5B, pertaining to floodplain regulations, which shall read 10 as follows: 11 Sec. 5B. Floodplain Regulations. 12 5B.1. Legislative intent. The purpose of this section is to 13 establish and identify those areas to be known as the floodplain 14 and which would be subject to special regulations. These 15 regulations are intended to implement a policy of protecting the 16 natural floodplains in the city by requiring that any filling 17 operations taking place maintain the same flood storage capability_ 18 and storm water flow characteristics as those that naturally exist. 19 The purpose of establishing such areas is to protect life and 20 property, to reduce public costs for flood control, rescue and 21 relief efforts, and construction and maintenance of manmade 22 drainage facilities, to preserve the highest possible level of 23 water Quality in the waterways of the area, and to support and 24 conform to the National Flood Insurance Program. 25 5B.2. Definitions. For the purpose of this section, the 26 following terms shall be defined as herein indicated: 27 Basement. Any area of the building having its floor below 28 ground level on all sides. 29 City manager. The city manager or such other person or 30 persons as he may designate to perform the duties, or to exercise 31 the authority, of the city manager pursuant to the provisions of 32 this section. 33 Coastal primary sand dune. A mound of unconsolidated sandy 34 soil which is contiguous to mean high water, whose landward and 35 lateral limits are marked by a change in grade from ten (10) 36 percent or greater to less than ten (10) percent and upon any part 37 of which is growing on July 1, 1980, or grows thereon subsequent 38 thereto, any one or more of the following: American beach grass 39 fAmmophilla breviligulata); beach heather (Hudsonia tometosa); dune 40 bean (Strophostylis umbellata var. paludigena); dusty miller 41 (Artemisia stelleriana); salt meadow hay (Spartina patens); 42 seabeach sandwort (Arenaria peploides); sea oats (Uniola 43 paniculata); sea rocket (Cakile edentula); seaside goldenrod 44 (Solidago sempervirens); and short dune grass (Panicum ararum). 45 Coastal primary sand dune shall not include any mound of sand, 46 sandy soil, or dredge soil which has been deposited by man for the 47 purpose of the temporary storage of such material for later use. 48 Development. Any man-made change to improved or unimproved 49 real estate including, but not limited to, buildings or other 50 structures; the placement of manufactured homes; streets; paving, 51 mining, dredging. filling, grading, excavation or drilling 52 operations; storage of equipment or materials; and the subdivision 53 of land. 54 Flood. A general and temporary condition of partial or 55 complete inundation of normally dry land areas from: 56 /al The overflow of inland or tidal waters; 57 11 The unusual and rapid accumulation of runoff or surface 58 waters from any source; or 59 lgl Mudslides (i.e., mudflows) which are proximately caused 60 or precipitated by accumulations of water on or under the 61 ground. The collapse or subsidence of land along the 62 shore of a lake or other body of water as a result of 63 erosion or undermining caused by waves or currents of 64 water exceeding anticipated cyclical levels or suddenly_ 65 caused by an unusually high water level in a natural bodv 66 of water. accompanied by a severe storm, or by an 67 unanticipated force of nature, such as flash flood or an 68 abnormal tidal surge, or by some similarly unusual and 69 unforeseeable event which results in flooding as defined 70 in (a) of this section. 2 71 Flood insurance study. The flood insurance study for the City 72 of Virginia Beach prepared by the United States Federal Emergency 73 Management Agency, dated August 18, 1992, and subsequent revisions 74 which is declared to be a part of this section and which shall be 75 kept on file at the office of the city engineer. 76 Floodplain. That land area adjoining a river, stream, 77 watercourse, ocean, bay, or lake, which is subject to inundation. 78 Floodplains shall be determined as the land situated below the 79 elevation of: 80 (a) That recorded by the maximum elevation of the flood water 81 of record; 82 _chi The intermediate flood level as determined by the United 83 States Army Corps of Engineers; or 84 jcl The flood level as determined by the office of the city 85 engineer, whichever is greater. 86 Any changes in the delineation of the intermediate flood level are 87 subject to approval by the federal insurance administrator. 88 A floodplain may include one (1) or more of the following 89 components: 90 Ill Floodway. A natural watercourse with definite bed 91 and banks to confine and conduct flood flows. 92 Floodway lines must be established in such a manner 93 that some loss of storage and hydraulic conveyance 94 attributable to guiding future development outside 95 the floodway will not increase flood heights more 96 than applicable regulatory standards. Pending 97 floodway delineations from a storm drainage master 98 plan, minimum natural floodways shall be identified 99 by the city soil scientist. As a minimum, the 100 floodway is as shown in the flood insurance study 101 and accompanying maps. 102 j2 Flood fringe. The relatively flat area or low 103 lands adjoining a floodway which has been or mav_ 104 infrequently be covered by flood water. 3 105 /21 Approximated floodplain. The area for which no 106 detailed flood profiles or elevations are provided, 107 but where a one hundred (100) year floodplain 108 boundary has been approximated. 109 /Al Coastal high hazard area. An area of special flood 110 hazard extending from offshore to the inland limit 111 of a coastal primary sand dune along an open coast 112 and any other area subject to high velocity wave 113 action from storm or seismic sources. As a 114 minimum, the coastal high hazard areas are 115 identified as V zones in the flood insurance study_ 116 and accompanying maps. 117 Historic Structure. Any structure which is: 118 /Al Listed individually in the National Register of Historic 119 Places maintained by the Department of the Interior or 120 preliminarily determined by the Secretary of the Interior 121 as meeting the requirements for individual listing on the 122 National Register; 123 _(b� Certified or preliminarily determined by the Secretary of 124 the Interior as contributing to the historical 125 significance of a registered historic district or a 126 district preliminarily determined by the Secretary to 127 aualifv as a registered historic district; 128 iL Individually listed on a state inventory of historic 129 places in states with historic preservation programs 130 which have been approved by the Secretary of the 131 Interior; or 132 _WI Individually listed on a local inventory of historic 133 places in communities with historic preservation programs 134 that have been certified either: 135 Dj__ By an approved state program as determined by the 136 Secretary of the Interior; or 137 in Directly by the Secretary of the Interior in states 138 without approved programs. 4 139 Lowest floor. The lowest floor of the lowest enclosed area, 140 including basement area. An unfinished or flood resistant 141 enclosure, usable solely for parking of vehicles, building access 142 or storage, in an area other than a basement area, is not 143 considered the lowest floor in a building, provided that such 144 enclosure is not built so as to render the structure in violation 145 of the applicable nonelevation design requirements of this section. 146 Manufactured home. A structure subject to federal 147 regulations, which is transportable in one (1) or more sections; is 148 eight (8) body feet or more in width and forty (40) body feet or 149 more in length in the travelling mode, or is three hundred twenty 150 (320) or more square feet when erected on site; is built on a 151 permanent chassis; is designed to be used as a single family 152 dwelling, with or without a permanent foundation when connected to 153 the required facilities; and includes the plumbing, heating, air 154 conditioning and electrical systems contained in the structure. 155 Manufactured home park or subdivision. A parcel or contiguous 156 parcels of land divided into two (2) or more manufactured home lots 157 for rent or sale. 158 One hundred (100) year flood. The flood having a one (1) 159 percent chance of being equalled or exceeded in any given year, 160 also referred to as base flood or intermediate level flood. 161 Recreational vehicle. A vehicle which is: 162 Built on a single chassis; 163 111 Four hundred (400) square feet or less when measured at 164 the largest horizontal projections; 165 lgl Designed to be self propelled or permanently towable by_ 166 a motor vehicle; and 167 141 Designed primarily not for use as a permanent dwelling 168 but as a temporary living quarters for recreational 169 camping, travel or seasonal use. 170 Regulatory floodway. The channel of a river or other 171 watercourse and the adjacent land areas that must be reserved in 172 order to discharge the base flood without cumulatively increasing 173 the water surface elevation more than a designated height. 5 174 Start of construction. Includes substantial improvement, and 175 means the date the building permit was issued, provided the actual 176 start of construction, repair, reconstruction, placement, or other 177 improvement was within one hundred eighty (180) days of the permit 178 date. The actual start means either the first placement of 179 permanent construction of a structure on a site, such as the 180 pouring of a slab or footings, the installation of piles, the 181 construction of columns, or any work beyond the stage of 182 excavation; or the placement of a manufactured home on a 183 foundation. For substantial improvements, the actual start of 184 construction means the first alteration of any wall, ceiling, 185 floor, or other structural part of a building, whether or not the 186 alteration affects the external dimensions of the building. 187 Permanent construction does not include land preparation, such as 188 clearing, grading and filling; nor does it include the installation 189 of streets and/or walkways; nor does it include excavation for a 190 basement, footings, piers, or foundations or the erection of 191 temporary forms; nor does it include the installation on the 192 property of accessory buildings. such as garages or sheds not 193 occupied as dwelling units or not part of the main structure. 194 Substantial damage. Damage of any origin sustained by a 195 structure whereby the cost of restoring the structure to its before 196 damaged condition would equal or exceed fifty (50) percent of the 197 market value of the structure before the damage occurred. 198 Substantial improvement. Any reconstruction, rehabilitation, 199 addition, or other improvement of a structure, the cost of which 200 equals or exceeds fifty (50) percent of the market value of the 201 structure before the start of construction of the improvement. 202 This term includes structures which have incurred substantial 203 damage, regardless of the actual repair work performed. The term 204 does not, however, include either: 205 ,jai Any project for improvement of a structure to correct 206 existing violations of state or local health, sanitary, 207 or safety code specifications which have been identified 6 208 by the local code enforcement official and which are the 209 minimum necessary to assure safe living conditions, or 210 (b) Any alteration of a "historic structure", provided that 211 the alteration will not preclude the structure's 212 continued designation as a "historic structure". 213 5B.3. Establishing the floodplain areas. The floodplain 214 shall include areas subject to inundation by waters of the one 215 hundred (100) year flood. The basis for the delineation of these 216 areas shall be the Flood Insurance Study (FIS) and accompanying 217 maps for the City of Virginia Beach prepared by the Federal 218 Emergency Management Agency, dated January 17, 1985, or the most 219 recent revision thereof. Any land included within a floodplain 220 shall be subject to the use regulations and the special 221 requirements relating to floodways, flood fringes, approximated 222 floodplains, and coastal high hazard areas as set forth in this 223 section, provided that any permitted development is further subject 224 to all federal and state rules and regulations. The floodplain 225 shall be established in conformance with the definition of 226 floodway, flood fringe, approximated floodplain, and coastal high 227 hazard area. 228 jal The regulatory floodway is delineated for purposes of 229 this section using the criteria that a certain area 230 within the floodplain must be capable of carrying the 231 waters of the one hundred (100) year flood without 232 increasing the water surface elevation of that flood more 233 than one (1) foot at any point. These areas are 234 specifically defined in Table 5 of the flood insurance 235 study and shown on the accompanying flood boundary and 236 floodway map, which is a part of the Flood Insurance 237 Study. 238 j121 The flood fringe shall be that area of the one hundred 239 1100) year floodplain not included in the floodway. The 240 basis for the outermost boundary of this area shall be 241 the one hundred (100) year flood elevations contained in 242 the flood profiles of the flood insurance study and as 7 243 shown on the above-referenced flood boundary and floodway 244 map. 245 jc1 The approximated floodplain shall be that floodplain area 246 for which no detailed flood profiles or elevations are 247 provided, but where a one hundred (100) year floodplain 248 boundary has been approximated. Such areas are shown on 249 the maps accompanying the flood insurance study. In 250 determining the necessary elevations for the purposes of 251 this section, the city engineer shall obtain, review and 252 reasonably utilize any base flood elevation and floodwav 253 data available from a federal, state, or other source, as 254 criteria for requiring that new construction, substantial 255 improvements, or other development in Zone A comply with 256 the provisions of section 5B.5. of this section. Such 257 sources of data include: 258 j1 United States Army Corps of Engineers - Floodplain 259 information reports. 260 /21 United States Federal Emergency Management Agency - 261 Flood insurance rate maps and flood boundary and 262 floodway maps. 263 j3j. United States Geological Survey - Floodprone 264 quadrangles. 265 1.11 City of Virginia Beach soil scientist - Flood 266 hazard analyses. 267 j51 Known high water marks from past floods. 268 j61 Other sources; e.g., hydrologic and hydraulic 269 analyses by professional engineer. 270 141 The coastal high hazard area shall be those portions of 271 the floodplain subject to inundation by high velocity_ 272 waters and wave action and identified as V zones on the 273 maps accompanying the flood insurance study. 274 jet Where no regulatory floodway has been mapped, the 275 floodway shall be deemed to consist of any and all areas 276 of wetlands, marsh, swamp, or permanently saturated soils 277 as further defined in section 5B.2. of this section. 8 278 If) Interpretations of the boundaries of the floodplain shall 279 be made by the office of the city engineer. 280 5B.4. Use regulations. All uses, activities, and development 281 occurring within any floodplain shall be undertaken only upon the 282 issuance of a permit. Such development shall be undertaken only in 283 strict compliance with the provisions of this section and with all 284 other applicable codes and ordinances such as the Virginia Uniform 285 Statewide Building Code. Prior to the issuance of any such permit, 286 the city manager shall require all applications to include 287 compliance with all applicable state and federal laws. 288 Under no circumstances shall any use, activity, and/or 289 development adversely affect the capacity of the channels or 290 floodways of any watercourse, drainage ditch, or any other drainage 291 facility or system. 292 Prior to any proposed alteration or relocation of any channel 293 or of any watercourse, stream, etc., a permit shall be obtained 294 from the United States Army Corps of Engineers, the Virginia 295 Department of Environmental Quality, and the Virginia Marine 296 Resources Commission. A joint permit application is available from 297 any of these agencies or the city. Further, notification of the 298 proposal shall be given to all affected adjacent jurisdictions, the 299 Division of Soil and Water Conservation of the Virginia Department 300 of Conservation and Recreation, and the Federal Insurance 301 Administration. 302 LL In the floodway areas of the floodplain, the following 303 uses and structures may be permitted, subject to the 304 requirements of this section: 305 /11 Public and private outdoor recreational facilities; 306 /21 Agricultural uses, including farming, grazing and 307 the raising of poultry or livestock; provided, that 308 poultry or livestock shall not be housed within 309 five hundred (500) feet of any residential, 310 apartment or hotel district; 9 311 p_ Open uses, such as off street parking or loading 312 and unloading areas related to uses in adioininq 313 districts; 314 141 Commercial mining, soil removal and sand pits, 315 subject to regulations applicable to extractive 316 industries as set forth in the conditional use 317 provisions of the Zoning Ordinance of the City of 318 Virginia Beach; 319 151 Public improvements, such as dams, levees and 320 channel improvements, and utilities installations 321 and substations, including temporary storage of 322 materials, except flammable, toxic or noxious 323 materials, and temporary location of maintenance 324 installations; 325 /0_ Uses and structures customarily accessory and 326 clearly incidental and subordinate to uses listed 327 above, including in connection with agricultural 328 uses; roadside stands for the sale of agricultural 329 products produced on the premises; provided that: 330 (i) Only one (1) such stand shall be permitted per 331 lot; 332 (ii) No such stand shall exceed five hundred (500) 333 square feet in floor area; and 334 (iii) No such stand on the street frontage shall be 335 erected within twenty (20) feet of the 336 property line. 337 (b) In the flood fringe and approximated floodplain areas of 338 the floodplain, land shall be subject to the use 339 regulation of the appropriate zoning district as well as 340 the special regulations relating to flood fringe and 341 approximated floodplain as set forth in this section. 342 5B.5. Special requirements applicable to the floodplain. 343 fa) Regulation of floodways. Any provision to the contrary 344 notwithstanding, no use or structure or substantial 345 improvement to existing structure shall be permitted in 10 346 anv floodwav, if such use or structure or substantial 347 improvement will adversely affect normal flood flow, or 348 will increase flooding of lands above or below the 349 property, or will increase erosion within or adjoining to 350 floodway, or will cause diversion of flood waters in any 351 manner more likely to create damage than does flow in a 352 normal course, or will increase peak flows or velocities 353 in a manner likely to lead to added property damage or 354 hazards to life, or will increase amounts of damaging 355 materials, including those likely to be injurious to 356 health, which might be carried downstream in floods. 357 Encroachments, including fill, new construction, 358 substantial improvements, and other development within 359 the regulatory floodway that would result in any increase 360 in flood levels within the community during the 361 occurrence of the base flood discharge is specifically_ 362 prohibited. No variance shall be granted for any 363 development, use, or activity within anv regulatory_ 364 floodwav that would cause any increase in flood heights. 365 If a structure is allowed or granted a variance to be 366 located within a regulatory floodway, it shall also meet 367 the regulations for flood fringes and approximated 368 floodplains. 369 u Regulation of flood fringes and approximated floodplain. 370 New construction or substantial improvements to existing 371 structures permitted in the flood fringe and approximated 372 floodplain shall be so located, elevated, and constructed 373 so as to resist flotation and to offer minimum 374 obstruction to flood flow. The lowest floor, including 375 basement, of every structure shall be a minimum of one 376 (1) foot above the elevation of the floodplain except as 377 provided for in section 4.1.B.4. of this ordinance. No 378 use shall be permitted if such use will increase the 379 amounts of potentially damaging materials, including 380 those likely to be injurious to health, which might be 11 381 carried downstream in floods. Electrical, heating, 382 ventilation, plumbing, and air conditioning equipment and 383 other service facilities shall be designed and/or located 384 so as to prevent water from entering or accumulating 385 within the components during conditions of flooding. For 386 all new construction and substantial improvements, fully 387 enclosed areas below the lowest floor that are subject to 388 flooding shall be designed to automatically equalize 389 hydrostatic flood forces on exterior walls by allowing 390 for the entry and exit of floodwaters. Designs for 391 meeting this requirement must either be certified by a 392 registered professional engineer or architect or must 393 meet or exceed the following minimum criteria: 394 u A minimum of two (2) openings having a total net 395 area of not less than one (1) square inch for every 396 square foot of enclosed area subject to flooding 397 shall be provided. 398 /al The bottom of all openings shall be no higher than 399 one (1) foot above grade. 400 L1Openings may be equipped with screens, louvers, or 401 other coverings or devices provided that they 402 permit the automatic entry and exit of floodwaters. 403 (c) Floodplains subject to special restrictions. 404 Notwithstanding provisions of this section to the 405 contrary, there shall be no filling permitted for the 406 purpose of altering the contour of the land and that 407 would decrease the flood storage capacity or adversely_ 408 affect storm water flow conditions as determined upon 409 review by the city engineer except for the purpose of 410 roadway construction or other similar public works 411 construction, and except to provide the minimum amount of 412 fill to assure adequate functioning of a septic tank 413 system, in any of the following floodplains: 414 111 North Landing River and its tributaries south 415 of Lynnhaven Parkway; 12 416 /21 West Neck Creek and its tributaries south of Shipps 417 Corner Road and London Bridge Road; and 418 /21 Bays, creeks, lakes, guts, coves, wetlands, marshes 419 and swamps and their tributaries comprising the 420 Back Bay watershed south of South Birdneck Road and 421 east of Princess Anne Road and General Booth 422 Boulevard. 423 5B.6. Special requirements applicable to coastal areas. Sand 424 dunes, barrier beaches and other natural protective barriers shall 425 remain intact to provide protection against wind, waves. and 426 erosion drainage. Any person who desires to use or alter anv 427 coastal primary sand dune, other than for the purpose of conducting 428 the activities specified in section 1602 of the Zoning Ordinance of 429 the City of Virginia Beach, shall first file an application for a 430 permit with the Wetlands Board at the planning department. 431 Coastal high hazard area. In the coastal high hazard area 432 (zones V1-30), the following regulations shall apply in addition to 433 the regulations cited above: 434 ,Lai No land below the level of the one hundred (100) year 435 tidal flood may be developed unless the new construction 436 or substantial improvement: 437 (1) Is located landward of the reach of the mean high 438 tide; 439 _(2)_ Is elevated on adequately anchored piles or 440 columns, and securely anchored to such piles or 441 columns so that the lowest portion of the 442 structural members of the lowest floor is elevated 443 to at least one (1) foot above the one hundred 444 (100) year maximum wave crest elevation, as shown 445 in the flood insurance study and accompanying maps; 446 /31 Has been certified by a registered professional 447 engineer or architect that it is securely anchored 448 to adequately anchored pilings or columns in order 449 to withstand velocity waters and hurricane wave 450 wash; 13 451 ,L41 Has the space below the lowest floor either free of 452 obstruction or constructed with nonsupportinq 453 breakaway walls, open wood lattice work, or insect 454 screening intended to collapse under wind and water 455 loads without causing collapse, displacement, or 456 other structural damage to the elevated portion of 457 the building or supporting foundation system. For 458 the purposes of this section a breakaway wall shall 459 have a design safe loading resistance of not less 460 than ten (10) and no more than twenty (20) pounds 461 per square foot. Use of breakaway walls which 462 exceed a design safe loading resistance of twenty 463 (20) pounds per square foot, either by design or 464 when so required by local or state codes, may be 465 permitted only if a registered professional 466 engineer or architect certifies that the designs 467 proposed meet the following conditions: 468 ,Li1 Breakaway wall collapse shall result from a 469 water load less than that which would occur 470 during the base flood; and 471 ii The elevated portion of the building and 472 supporting foundation system shall not be 473 subject to collapse, displacement, or other 474 structural damage due to the effects of wind 475 and water loads action simultaneously on all 476 building components, both structural and 477 nonstructural. Maximum wind and water loading 478 values to be used in this determination shall 479 each have a one (1) percent chance of being 480 equalled or exceeded in any given year, one 481 hundred (100) year mean recurrence interval. 482 Such enclosed space shall be usable solely for 483 parking of vehicles, building access, or 484 storage. 14 485 /51 Does not utilize fill for structural support of 486 buildings or structures. 487 S61 Has the electrical, heating, ventilation, plumbing, 488 and air conditioning equipment and other service 489 facilities designed and/or located so as to prevent 490 water from entering or accumulating within the 491 components during conditions of flooding. 492 .l. Meets all other applicable requirements for 493 construction in high hazard zones found in the 494 Virginia Uniform Statewide Building Code. 495 In the coastal hazard area of the floodplain, land shall 496 be subject to the use regulations of the appropriate 497 zoning district, as well as the special regulations 498 relating to coastal high hazard areas as set forth in 499 this section. Existing nonconforming uses and/or 500 structures located on land below the level of one hundred 501 (100) year maximum wave crest elevation, as shown in the 502 flood insurance study and accompanying maps, shall not be 503 expanded. 504 jgj The manmade alteration of sand dunes which would increase 505 potential flood damage is prohibited. 506 5B.7. Special requirements for manufactured homes and 507 recreational vehicles. 508 Sal Manufactured homes placed or substantially improved on 509 sites within a flood fringe or approximated floodplain 510 shall: 511 /11 Be elevated on a permanent foundation such that the 512 lowest floor of the manufactured home is elevated 513 to or above the base flood elevation and securely 514 anchored to an adequately anchored foundation 515 system to resist flotation, collapse and lateral 516 movement; 517 /21 Have adequate surface drainage and access for a 518 hauler provided; 15 519 131 In the instance of elevation of pilings, be on lots 520 large enough to permit steps, have piling 521 foundations in stable soil no more than ten (10) 522 feet apart, and have reinforcement provided for 523 pilings more than six (6) feet above the ground; 524 Ill Have electrical, heating, ventilation, plumbing, 525 and air conditioning equipment and other service 526 facilities designed and/or located so as to prevent 527 water from entering or accumulating within the 528 components during conditions of flooding; and 529 111 Have fully enclosed areas below the lowest floor 530 that are subject to flooding meet the applicable 531 requirements described in section 5B.5.(b) of this 532 section. 533 /h1 Manufactured homes placed or substantially improved on 534 sites within a coastal high hazard area shall comply with 535 the same standards as set forth for conventional housing 536 in coastal high hazard areas. 537 /g1 Recreational vehicles placed or substantially improved on 538 sites within a flood fringe or approximated floodplain 539 shall either: 540 111 Be on the site for fewer than one hundred eightv 541 (180) consecutive days; 542 /21 Be fully licensed and ready for highway use; or 543 L3)_ Meet all applicable permit requirements for 544 placement and the elevation and anchoring 545 requirements for manufactured homes. 546 A recreational vehicle is ready for highway use if it is 547 on wheels or jacking system, is attached to the site only 548 by Buick disconnect type utilities and security devices, 549 and has no permanently attached additions. 550 /11 Recreational vehicles placed or substantially improved on 551 sites within a coastal high hazard area shall either: 552 (1) Be on site for fewer than one hundred eighty (180) 553 consecutive days; 16 554 LL Be fully licensed and ready for highway use; or 555 jfl Meet the same standards applicable to conventional 556 housing in coastal high hazard areas. 557 5B.8. Variances. 558 Notwithstanding any other provision of this ordinance, the 559 City Council may grant such variances from the terms of this 560 section as will not be contrary to the public interest in cases in 561 which the strict application of the provisions of this section 562 would effectively prohibit or unreasonably restrict the use of the 563 subject property; provided, however, that no variance shall be 564 granted unless the City Council finds that (1) such variance is not 565 contrary to the purpose and intent of this section; (2) the 566 granting of such variance will not be detrimental to other property 567 in the vicinity; (3) the circumstances giving rise to the 568 application are not of a general or recurring nature; and (4) such 569 circumstances arise from the physical character of the property or 570 from the use or development of adjacent property and not from the 571 personal situation of the applicant. 572 Adopted by the Council of the City of Virginia Beach, 573 Virginia, on the 26th day of March , 1996. 574 CA -95-5995 575 \wmordres\46-5Bet.pro 576 R-3 577 January 11, 1996 17 APPROVED AS TO CONTENT Planning APPROVED AS TO LEGAL 1 AN ORDINANCE TO AMEND SECTION 6.1 OF THE 2 SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA 3 BEACH, PERTAINING TO THE DELINEATION OF 4 FLOODPLAINS ON PRELIMINARY SUBDIVISION PLATS 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 6.1 of the Subdivision Ordinance of the City of 8 Virginia Beach be, and hereby is, amended and reordained, and shall 9 read as follows: 10 Sec. 6.1 Preliminary plats and data - Generally. 11 1111 Where floodplains lie within a subdivision, the 12 preliminary plat shall delineate the boundaries of all 13 floodways, flood fringes, approximated floodplains, and 14 coastal high hazard areas as required by Section 5B of 15 the Site Plan Ordinance (Appendix C) of the City of 16 Virginia Beach. 17 Adopted by the Council of the City of Virginia Beach, 18 Virginia, on the 26th day of March , 1996. 19 CA -95-6068 20 \Wmordres\47-6-1.pro 21 R-1 22 October 10, 1995 APPROVED AS TO CONTENT Planning Departt entt AP ' ' OVED AS TO LEGAL ii ix iittha 1. D artment of Law 1 AN ORDINANCE TO AMEND AND REORDAIN 2 SECTION 106 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO VARIANCES 4 FROM CITY FLOODPLAIN REGULATIONS 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 6 BEACH, VIRGINIA: 7 That Section 106 of the City Zoning Ordinance be, and hereby 8 is, amended and reordained to read as follows: 9 Sec. 106. Appeals and variances. 10 (a) The board of zoning appeals shall hear and decide appeals 11 from any order, requirement, decision, or determination made by an 12 administrative officer in the administration or enforcement of this 13 ordinance. In addition thereto, the board shall have such other 14 powers and duties as are set forth in Section 15.1-495 of the Code 15 of Virginia; provided, however, that the board shall have no 16 authority to hear and decide applications for conditional use 17 permits. 18 (b) The membership, organization and procedures of the board 19 of zoning appeals shall be as set forth in Sections 15.1-494 20 through 15.1-497 of the Code of Virginia, as amended. In the event 21 the board denies an application for a variance, substantially the 22 same application shall not be considered by the board for a period 23 of one (1) year from the date of denial. 24 (c) Every application to the board of zoning appeals shall be 25 accompanied by a fee of one hundred fifty dollars ($150.00), which 26 shall be applied to the costs of advertising and expenses 27 incidental to the processing of the application. Each zoning lot 28 upon which a variance is requested shall be the subject of a 29 separate application and a separate fee; provided, however, that 30 variances from the setback and landscaping provisions of section 31 201(e)(1), pertaining to fences and walls, may be the subject of a 32 single application and fee where the following conditions are met: 33 (1) The lots upon which the variance is requested are 34 contiguous lots within a single subdivision block, 35 as shown on the recorded plat of the subdivision in 36 which the lots are located; 37 (2) The fence or fences which are the subject of the 38 variance are located wholly upon property owned by 39 a bona fide homeowners' association created by 40 legal instrument recorded in the office of the 41 clerk of the circuit court, or upon which there is 42 a recorded perpetual easement allowing such 43 homeowners' association, or the members thereof, to 44 construct and maintain a fence upon such property; 45 (3) Such fence or fences are owned by the homeowners' 46 association; and 47 (4) The individual signing the application certifies to 48 the zoning administrator, in writing, that he or 49 she is vested with the authority to act on behalf 50 51 52 53 54 55 56 oubotantial improvcmcnta to bc erected on a lot of one half (1/2) 57 acre or less in Size contiguous to and surrounded by lots with 58 cxi3ting atructurca con3tructcd below thc base flood level, in of the homeowners' association in the matter and that such association has authorized, in the manner prescribed by its by-laws or other instrument, the filing of the application. 59 60 61 62 63 64 65 66 67 cxpcn3c, creat 68 69 (1) Variances Shall only bc issued upon a Showing of good and Sufficient cau3e, a determination that failure to exceptional grant thc variance hardship to thc would rc3ult in applicant, and a not rc3ult in incrca3cd flood heights, additional threats to public safety, extraordinary public victimisation of thc public, or conflict with cxi3ting local law3 or ordinancc3. 2 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 (2) Varianccs Shall only be issued upon a dctcrmination that thc variancc i3 thc minimum nccc33ary, (3) Thc City of Virginia Beach shall notify thc applicant in writing ovcr thc signature of a city official that thc issuance of a variancc to will result in increased premium rates for flood insuranoc up to amounts as high ao twenty five dollars ($25.00) per one hundred dollars ($100.00) property. Such notification shall be maintained in paragraph (4) below. (4) Thc City of Virginia Beach shall maintain a record of all variancc actions, including justification for thcir issuancc, and rcport such variances issued in its annual rcport submitted to the 89 administrator. 90 91 Beach, Virginia, on this 26th day of March 1996. Adopted by the City Council of the City of Virginia 92 CA -6198 93 WMM/ORDRES/45-106.PRO 94 JANUARY 11, 1996 95 R-2 3 APPROVED AS TO CONTENT Planning Departs nt AP : ' OVED AS TO LEGAL '9 I Y (C/P� � : a of w - 44 - Item IV -L.1. APPOINTMENTS ITEM # 40583 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: REVIEW AND ALLOCATION COMMITTEE (COIG) VIRGINIA CRIME TASK FORCE March 26, 1996 - 45 - Item IV -L.2. APPOINTMENTS ITEM # 40584 Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED: FRANCIS LAND HOUSE BOARD OF GOVERNORS Betty Cimmino unexpired term thru 12/31/98 Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 - 46 - Item IV -L.3. APPOINTMENTS ITEM # 40585 MAYOR APPOINTED CITY COUNCIL LIAISONS: Comprehensive Plan: W. W. Harrison, Jr. Barbara M. Henley Southeastern Parkway/Greenbelt: Harold Heischober Louisa M. Strayhorn March 26, 1996 — 47 — Item IV -M.1. UNFINISHED BUSINESS ITEM # 40586 Councilman Baum referenced fish ponds. The City Attorney shall be directed to draft an appropriate document re fees. March 26, 1996 - 48 - Item IV -N.1. NEW BUSINESS ITEM # 40587 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council: RESCHEDULED CITY COUNCIL SESSIONS from May 7, 1996 (Election Day) to May 9, 1996, at 2:00 PM Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 ITEM # 40588 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose: LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). To -Wit: Lake Gaston Water Supply Project Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into EXECUTIVE SESSION (9:48 P.M.). Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None March 26, 1996 - 50 - ITEM # 40589 Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 26, 1996, at 11:08 P.M. Council Members Present: John A. Baum, Robert K Dean, William W Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Absent: Linwood O. Branch, III, and Louisa M Strayhorn March 26, 1996 CERTIFICATION OF EXECUTIVE SESSION — 51 — ITEM # 40590 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III, and Louisa M. Strayhorn March 26, 1996 1ttftwtutinn CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40588 Page No. 49 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive 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 Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Hodges S th, CMC/AAE City Clerk March 26, 1996 - 52 - Item IV -P. ADJOURNMENT ITEM # 40591 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:10 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia March 26, 1996