JANUARY 24, 2006 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MA YOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR LOUIS R. JONES, Bayside - District 4
HARRY E. DIEZEL Kempsville - District 2
ROBM/I'M. DYER, Centerville - District I
REBA S. McCLANAN, Rose Hall - District 3
RICHARD A. MADDOX, Beach - District 6
JIM REEVE, Prmcess Anne - District 7
PliT/ilI W SCHMlDT; AI-I.arge
RON A. VILLANUEVA, AI-I.arge
ROSEMARY WILSON, AI-Large
JAMh'S L. WOOD, Lynnhaven -DistricI 5
CITY MANAGER - JAME~ K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
City CLERK - RUTH HODGES SMITH. MMC
CITY COUNCIL AGENDA
24 JANUARY 2006
1.
CITY MANAGER'S BRIEFING
- Conference Room -
A. 1-264 IMPROVEMENT
Horace A. Welch, Transportation Engineer, Sr.
Virginia Department of Transportation (VDOT)
B. COMPENSATION PLAN
Susan Walston, Chief of Staff
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA ITEMS
IV. INFORMAL SESSION
- Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 427-4303
FAX (757) 426-5669
E-MAIL: Ctycncl@vbgov.com
1:30 PM
4:00PM
I I
'I
V. FORMAL SESSION
- Council Chamber -
6:00 P.M.
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend D. P. Staton
Police Chaplain
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL AND FORMAL SESSIONS
January 10,2006
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
1. RESOLUTIONS/ORDINANCES
1. Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re permits for the
selective pruning of certain vegetation in areas around billboards. (Sponsored by Mayor
Meyera E. Oberndorf, Council Lady Reba S. McClanan and Council Lady Rosemary Wilson).
2. Resolution to REFER to the Planning Commission an Ordinance to amend Sections 501,901
and 1001 of the City Zoning Ordinance (CZO) re prohibiting incompatible uses of Zoning
Districts in the CLEAR ZONE.
3. Resolutions REQUESTING the Virginia Department of Transportation (VDOT)
ACCEPT:
a. additional streets for urban maintenance payments
b. corrections to the road inventory for urban maintenance payments
4. Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX) an
extension to the Request for Formal Renewal Proposal to February 28,2006 re cable
franchise.
5. Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney.
6. Ordinance to AUTHORIZE acquisition of property, by agreement, for replacement of the
existing Presidential Boulevard Pump Station (#517).
7. Ordinance to AUTHORIZE the City Manager to lease property at 4797 East Indian River
Road (Stumpy Lake Golf Course) to the Development Authority re advertising a Request
for Proposal (RFP) for the long-term operation, management and renovation of the golf
course.
8. Ordinance to ACCEPT and APPROPRIATE $390,399 from the U.S. Department ofJustice
to the FY 2005-2006 operating budget to provide equipment and training for City
Responders (EMS, Fire, ComIt) to support the response to and coordination of weapons of
mass destruction events.
9. Ordinances re the Department of Housing and Neighborhood Preservation's FY 2005-2006
operating budget:
a. APPROPRIATE $360,682 from the Home Program Income to fund non-profit
organizations' housing rehabilitation projects to create affordable rental housing or
very low-income homeless families, assist additional households to become first-time
homeowners and assist current homeowners with reconstruction of their housing
b. APPROPRIATE $354,225 from the HUD Community Development Block Grant
(CDBG) program income and TRANSFER federal funds of $616,435 to assist
homeowners with repairs, provide additional housing for homeless families and
individuals and fund various operational improvements.
c. ACCEPT and APPROPRIATE $297,565 in U.S. Department of Housing and
Urban Development (HUD) Section 8 Housing Choice Voucher revenue to fund
rental subsidies for qualifying residents at Morgan Terrace and Ebbetts Plaza
Apartments
J. PLANNING
1. Application of BULLFROGS and BUTTERFLIES for a Conditional Use Permit re
child care education center at 2844 North Landing Road (DISTRICT 7 - PRINCESS
ANNE)
RECOMMENDATION:
APPROVAL
2. Application of LISA BARLOW for a Conditional Use Permit re a home occupation
(animal rehabilitator) at 948 Morgan Trail (DISTRICT 2 - KEMPSVILLE)
RECOMMENDATION:
APPROV AL
3. Application of PAMELA J. JOHNSON for a Conditional Use Permit re a home
occupation (daycare) at 3005 Redbud Court (DISTRICT 3 - ROSE HALL)
RECOMMENDATION:
APPROV AL
4. City Zoning Ordinances (CZO) re Historic Kempsville Master Plan:
a. ADD Article 20, Sections 2000 through 2004, establishing the Overlay District,
boundaries, use regulations and dimensional, density, landscape and buffering
requirements
b. AMEND and REORDAIN Section 102, re the establishment of districts and
official zoning maps
c. AMEND and REORDAIN Article 9, Sections 900 through 906, re the legislative
intent, use regulations, dimensional requirements, landscape screening and
buffering regulations, height regulations, sign regulations, and off-street parking
regulations for the B-4K Mixed Use District
d. AMEND the Official Zoning Map by the designation and incorporation of the
Overlay District
e. AMEND the Comprehensive Plan to incorporate the Master Plan
RECOMMENDATION:
APPROV AL
L. APPOINTMENTS
BEACHES and WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
PERSONNEL BOARD
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
M. UNFINISHED BUSINESS
N. NEW BUSINESS
O. ADJOURNMENT
** * * * * * * * *
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305
(TDD - Telephonic Device for the Deaf)
***********
Agenda O1!24/20061gw
www.vbgov.~om
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
24 January 2006
Vice Mayor Louis R. Jones called to order the CITY MANAGER'S BRIEFING re 1-264 Improvement
in the Council Conference Room, City Hall, on Tuesday, January 24,2006, at 1:30 PM.
Council Members Present:
Harry E. Diezel, Vice Mayor Louis R. Jones, Reba S. McClanan,
Richard A. Maddox, Peter W. Schmidt, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Hospitalized recovering from surgery)
Robert M. Dyer
[Entered: 2:00 PM.]
Jim Reeve
[Out of City)
II
- 2-
C IT Y MANA G E R 'S B R IE FIN G
1-264 IMPROVEMENT
1 :30 P.M.
ITEM # 54799
The City Manager introduced Horace A. Welch, Senior Transportation Engineer - Virginia Department of
Transportation (VDOT) and William Cashman, Principal Transportation Planner - URS, Inc. The City has
been preparing an analysis of and the improvements necessary for the Interstate 264 Corridor.
Mr. Welch advised re thefour (4) interchanges along 1-264: (1-264-64, WitchduckRoad, Rosemont Road and
Lynnhaven Interchanges), VDOT advertised these proposed improvements and is in the process of awarding
the design contract. Federal Highways recommended an Interstate 264 Corridor Study be conducted to
review the needs of additional lanes with the design year 2021. In 2003, URS was contracted as the
Consultant for the Interstate 264 Corridor Study. At the same time, the Virginia Department of
Transportation, Hampton Roads Planning District Commission and the localities were in the process of
updating the 2021 Plan to 2026. Due to financial constraints, three (3) of these Interchanges were removed
from the Plan. The 1-64/264 Interchange remained.
Mr. Cashman detailed the Interstate 264 Corridor Study, Project No. 0264-122-F08, PE-106. . A 4-lane
divided tollway was opened in 1967 as State Route 44. In the 1980's, widening activities ensued and the
First Colonial Interchange was added. In the 1990's, the road was ultimately widened to eight (8) lanes.
HOVs were added, removed and re-added with the use of the shoulders. The tolls were removed in 1995 and
incorporated into 1- 2 64 in 1999. As part of this incorporation. there was an agreement between the Virginia
Department of Transportation and the Federal Highway Administration that there would be improvements
to interchanges and construction would bring the existing facility into compliance with current design
standards. The present lane widths on the majority of 1-264 in the Independence Boulevard area and west
are eleven (11) feet wide, while the minimum width is twelve (12) feet. The shoulders are not standard.
1-264 Corridor Study
Purposes
Improvements for mainline freeway
Improvements to five (5) Interchanges
Likely impacts and design exceptions
The study consisted of conceptual design (no field survey). Planning costs estimates (which are preliminary
and will change as each of the projects and improvements advance toward design) were utilized where
building and properties were identified. There were no appraisals or detail as associated with a definite
project. Sketch planning of impacts utilized existing mapping and preliminary alternative development.
Organization
Virginia Department of Transportation (VDOT) - prime Contractor
Study Management Team
Federal Highway Administration
City of Virginia Beach Staff
Hampton Roads Planning District Commission
City of Norfolk Staff
January 24, 2006
- 3 -
C IT Y MANA G E R 'S B R IE FIN G
1-264 IMPROVEMENT
ITEM # 54799 (Continued)
Content
Documented existing conditions
Develop Year 2030 volumes and deficiencies
Developed and evaluated improvement alternatives
Identified recommendations
Relative Level of Services is different on afreewayand intersection. The level of service onfreeways relates
to speed and is afunction of density (number of vehicles per mile, per existing lanes). The more vehicles, the
more dense and the lower the level of service (los) .
LOS A: Free Flow Operations
LOS B: Reasonably Free-Flow
LOS C: Stable Operations
LOS D: Borderline Unstable
LOS E: Extremely unstable
LOS F: Breakdown
Existing Deficiencies: Interchanges
Ramp
Newtown Road Westbound off Ramp (A.M. peak)
Witchduck Road Westbound Off Ramp (A.M. peak)
Witchduck Road Westbound On Ramp (A.M. & P.M. peak)
Independence Boulevard Eastbound Off Ramp (P.M. peak)
Independence Boulevard Westbound Off Ramp (A.M. peak)
Independence Boulevard Westbound On Ramp (A.M. peak)
Local Street Merge
Witchduck Road Eastbound off Ramp (P.M. peak hour)
Independence Boulevard Eastbound Off Ramp (P.M. peak hour)
Lynnhaven Parkway Eastbound off Ramp (A.M. & P.M. peak hours)
One of the problems with urban highways is WEA VE movements. These are short areas with heavy
volumes creating conflicting movements (a "loop" on-ramp is immediately followed by an exiting "loop"
ramp)
Weave
Westbound 1-64 to Eastbound 1-264 Newtown Off Ramp (A.M. and P.M. peak hour)
West Bound 1-264 to Newtown On-Ramp to Westbound 1-264 (A.M. and peak hour)
Eastbound 1-264 Collector-Distributor at Newtown (A.M. and P.M. peak hour)
Eastbound 1-264 Weave at Witchduck (P.M. peak hour)
Westbound 1-264 Weave at Independence (A.M. peak hour)
Eastbound 1-264 Weave at Independence (A.M. and P.M. peak hour)
Westbound 1-264 Weave at Lynnhaven Parkway (A.M. peak hour)
January 24, 2006
- 4 -
CITY MANA GER 'S BRIEFING
1-264 IMPROVEMENT
ITEM # 54799 (Continued)
The Hampton Roads Planning District Commission evaluated one hundred fifty-one (I 51) Interstate
Freewav se~ments, examinin~ crash frequencv and severitv of those sef!ments.
Crash Severity Overall 1-264 Segment - Overall Interstate Rank
Eastbound Westbound
1-64 and Newtown Road 36 18
Newtown and Witch duck Roads 14 54
Witchduck Road and 28 63
Independence Boulevard
Independence Boulevard & 77 99
Rosemont Road
Rosemont Road and L ynnhaven 22 139
Parkway
Lynnhaven Parkway and Laskin 92 90
Laskin Road and First Colonial 125 135
Two (2) improvement alternatives were developed:
Level of Service C: This included improvements that when implemented would
produce a forecasted year Level of Service C for all the interchange roadway
segments, ramps and weaves. It would also meet Federal Highway design
guidelines.
Reduced Impact: Capacity of Level of Service D or better and identified design
exceptions to reduce impacts
If there are no improvements on 1-264 from Independence to the west (I/4-Million vehicles - Newtown Road
area), which is the busiest freeway outside of Northern Virginia, all of the levels of service in the peak
direction will be at Level of Service F and there is deterioration to a Level of Service E on the east side
of Independence in the A.M.
Evaluation Criteria
Capacity - LOS C or better
Weave Removal
Local Street Ramp Spillback
Safety
Cost: cost for improving an interchange area includes the cost of widening the
mainline freeway lanes through the Interchange area
Right-ol-Way Impacts
Environmental Impacts: Wetlands, Section 4(j) properties, and historic
resources
Interstate to Interstate Access: two (2) lanes for each connection between 1-64
and 1-264
Lane Balancing and Lane Continuity
Consistency with Local Plans
Ability to Sign: Design is consistent with sign regulations
January 24,2006
- 5 -
C IT Y MANA G E R 'S B R IE FIN G
1-264 IMPROVEMENT
ITEM # 54799 (Continued)
Mr. Cashman illustrated improvements to the 1-64/264 Interchanges and segments. The Federal Highway
Administration design guidelines wish ramp speeds to be high, thus no major change in speed on the main
interstate. The Federal Highway Administration (FHA) prefers a minimum of 35 miles per hour ramp
speeds. The higher the speed, the wider the radius. Mr. Cashman advised for the improvements to be
adequate, Newtown Road needs to be a 6-lane facility. This is the one point, not consistent with local plans.
Freeway Pavement Width
Segment Existing LOSC Reduced Impact
1-64 - Newtown 200 308 296
Newtown- Witchduck 200 264 264
Witchduck - Independence 156 252 228
Independence - Rosemont 156 204 204
Rosemont - Lynnhaven 130 130 130
Lynnhaven - Great Neck 130 130 130
Summary of Costs (2005 $'s)
Interchange or Segment LOSC Reduced Impact
Newtown Road $ 541,903,000 $ 319,345,000
Newtown - Witchduck $ 60,709,000 $ 60,709,000
Witchduck Road $ 261,829,000 $ 207,832,000
Witchduck - Independence $ 4,925,000 $ 4,588,000
Independence Boulevard $ 306,957,000 $ 182,600,000
Independence - Rosemont $ 110,639,000 $ 60,278,000
Rosemont Road $ 174,797,000 $ 125,585,000
Lynnhaven Parkway and Greta Neck Road $ 55,492,000 $ 55,492,000
TOTAL $1,517,251,000 $1,016,429,000
Mr. Cashman advised the impact is very serious between 1-64 and Independence Boulevard interchanges.
Once adopted, the plan for improvements to the 1-264 freeway lanes will serve as a guide in the design of
improvements to the Interstate.
Mr. Welch advised the Federal Highway Administration has informed the Study Management Team the City
Council could not proceed with any alternatives that included removing the HOV lanes along 1-264. Usage
has not improved on the HOV's and there have been many accidents due to the "weaving in and out" of
traffic.
The City Manager referenced consideration of a toll feasibility study as being a realist method to fund some
of these projects.
January 24,2006
- 6-
CITY MANA GER 'S BRIEFING
COMPENSATION PLAN
2:20 P.M.
ITEM # 54800
Susan Walston, Chief of Staff, advised December 13, 2005, City Council was provided a policy report and
a briefing on Public Safety Compensation. Based on the City Council's discussion and directive during the
December meeting, the proposed 1 O-Step Pay System and the Police Supervisors' Association Pay Proposal
have been combined as a new alternative and are included in this supplemental report. The Current System
Enhanced, Police Supervisors' Association Pay Proposal and the Current System have been further
refined. Mrs. Walston advised members of the Steering Committee in attendance are City Manager James
K. Spore, Chief of StafJ - Susan Walston, Chief Operating Officer Charles Meyer, Fagan Stackhouse,
Director of Human Resources, Fire Chief Gregory Cade, Chief Bruce Edwards - Emergency Medical
Services, Catheryn Whitesell- Director, Management Services and Gwen Cowart, Chief of Communications
and Technology (E- 911 center) and Reginia Hilliard - Staffing and Compensation Service Manager - Human
Resources. Police Chief A.M. Jacocks (due to a death in thefamily) and Charles Meyer, Chief Operating
Officer (out of the City), were unable to attend.
Since December, the Steering Committee has met with the City Council Liaisons, Council Members Diezel.
and Wood. The options have been refined to address the issues of recruitment, retention, compression
(horizontal and vertical), structure and market adjustments. The City's overall stafJ turnover average has
been 4.2. The average for Public Safety is 5.2, with pockets of concern. The E-911 turnover rate is
approaching 14%.
CURRENT SYSTEM ENHANCED
Continues open pay range
Features apply to all eligible employees
Provides actual increases to pay ranges and salaries
Addresses horizontal compression
Addresses vertical compression over a three-year period
Cost: $12.41-MILLION
Advantages:
Fully addresses horizontal compression
Provides a plan andformula for addressing vertical compression at a moderate
cost
Provides general increases to prevent future horizontal compression and to
reflect as much as possible increases in cost-of-living
Provides market increases based on market data (that is shared with all
employees)
Provides merit increases that are based on afJordability
Addresses concerns of public safety employees and all other City employees
Alternative is compatible with the current Human Resources/payroll system
Gives maximum flexibility to City Council in order to balance priorities
Does not "guarantee' increases in salary
Reflects competitive changes in the relative position of jobs in the economy
Allows the City to put more resources to jobs in higher demand and save
dollars overall.
January 24, 2006
- 7 -
CITY MANA GER 'S BRIEFING
COMPENSATION PLAN
ITEM # 54800 (Continued)
CURRENT SYSTEM ENHANCED
Continued
Disadvantages:
Alternative does not offer predictability from minimum to maximum of pay
range
Does not 'guarantee" pay increases (employee perspective)
Offering general increases and market pay increases may require lowering
merits and other components of total compensation in order to be affordable,
fair to taxpayers and consistent with private sector raises
COMBINED 1 O-STEP PAY SYSTEM
WITH POLICE SUPERVISORS' ASSOCIATION PAY PROPOSAL
Provides a step system for public safety positions
Uses current pay range maximums
Places employees in public safety on pay step
Uses Current System Enhanced for other positions
Cost: $I8.08-MILLION
Advantages:
Provides general increases to prevent future horizontal compression and to
support as much as possible increases in the cost-of-living
Provides market increases that are competitive
Reflects competitive changes in the relative position of jobs in the economy
Allows the City to put more resources to jobs in higher demand and save dollars
overall
Disadvantages:
Alternative is not compatible with the current Human Resources/Payroll system
Depending on the amount of non-public safety employee merit amount, uniform
public safety employees may receive a larger merit (step) increase
Offering general increases and market increases may require lowering merits
and other components of total compensation
Creates different systems for public safety and remainder of workforce
January 24, 2006
-8-
C IT Y MANA G E R 'S B R IE FIN G
COMPENSATION PLAN
ITEM # 54800 (Continued)
POLICE SUPERVISORS' ASSOCIATION PAY PROPOSAL
Provides step system for public safety employees with placement on step based
on years of service
Expands pay range maximums for public safety positions
Provides vertical compression adjustments in the first two years with placement
on a step the third year for public safety
Uses Current System Enhanced for other positions
Cost: $ 16.55-MILLION
Advantages:
Provides general increases to prevent future horizontal compression and to
support as much as possible increases in the cost-of-living
Provides market increases that are competitive
Reflects competitive changes in the relative position of jobs in the economy
Allows the City to put more resources to jobs in higher demand and save
dollars overall
Disadvantages:
Alternative is not compatible with the current Human Resources/Payroll system
Depending on the amount of non-public safety employee merit amount,
public safety employees may receive a larger merit (step) increase
Offering general increases and market increases may require lowering merits
and other components of total compensation
A large number of public safety employees will immediately progress to the top
of their pay range. All deputy police chiefs, police captains, fire district officers,
battalion officers; almost all police lieutenants; most fire captains and police
sergeants; and a large percentage of master police officers and master firefighters
would be topped out.
Creates different systems for public safety and remainder of workforce
Mrs. Walston advised on Monday, January 25, 2006, the Steering Committee met with members of the
Employee Input Group. The Public Safety Employee representatives were concerned relative this option
being titled: Police Supervisors' Association Pay Proposal. The Public Safety representatives advised their
plan was to address compression issues within public safety not all City emplovees. The cost was $13-
MILLION, with the agreement of phased in ($4.3-MILLIONfirst two (2) years with remainder the third
year). The step system would be implemented the third year with the new Human Resources/Payroll system.
The representatives were also concerned the cost for the remainder of the work force was included in the
Steering Committee's proposal.
January 24, 2006
-9-
C IT Y MANA G E R 'S B R IE FIN G
COMPENSATION PLAN
ITEM # 54800 (Continued)
CURRENT SYSTEM
Continues open pay range plan
Provides structure and market increases to City's pay plans
(a merit increase of 4.5%).
Cost: $ 10.25-MILLION
Advantages:
System consistently applies to all employees
Provides merit increases that are based on affordability
Reflects competitive changes in the relative position of jobs in the economy
Allows more resources to jobs in higher demand and save dollars
overall
Alternative is compatible with the current Human Resources/payroll system
Disadvantages:
Providing structure and market increases without commensurate base pay
increases will result in further salary compression
Alternative does not offer predictability from minimum to maximum
Alternative does not have a component to address vertical compression, only
horizontal compression
Anticipated compensation increases for FY 2006/07
Cost Amount Real Estate Tax Rate Impact
Virginia Retirement System $ 6.4-MILLION 2.91f
(Pension)
Life Insurance $ 3.7-MILLION 1.68f
Health Insurance $ 2.3-MILLION 1.05f
TOTAL $12.4-MILLION 5.64f
The total compensation costfor FY 2005-2006 is $378,083,021 (61% of the Budget)
January 24,2006
- 10-
C IT Y MANA G E R 'S B R IE FIN G
COMPENSATION PLAN
ITEM # 54800 (Continued)
Alternative (options) Cost Implications
Cost Current System Combined IO-Step Police Supervisors' Current System
Enhanced Pay System with Association Pay
Police Supervisors' Proposal
Association Proposal
Year 1 $I2.4I-MILLION $I8.08-MILLION $ I6.55-MILLION $IO.25-MILLION
FY 2006/07
Real Estate Tax 5.64 cents 8.22 cents 7.52 cents 4.66 cents
Rate impact
Year 2 $ 19. 66-MILLION $ 25. 74-MILLION $ 24.2I-MILLION $IO.25-MILLION
FY 2007/08
Real Estate Tax 8.94 cents 11.70 cents 11.00 cents 4.66 cents
Rate impact
Year 3 $ II.89-MILLION $ II.89-MILLION $I6.3I-MILLION $IO.25-MILLION
FY 2008/09
Real Estate Tax 5.40 cents 5.40 cents 7.41 cents 4.66 cents
Rate impact
Mrs. Walston referenced the Current System Enhanced is the recommended plan. The Current System
does not address vertical compression; therefore, part of the Current System Enhanced cost is the
additional $5.2-MILLION to address first vertical compression in public safety and then throughout the
work force. A portion of the cost relates to increases in salaries based on adjustments to the pay ranges.
Fagan Stackhouse, Director of Human Resources, advised the total proposal relative the Police Supervisors'
Plan was initially to address vertical and horizontal compression. The $13-MILLION total for this plan did
not include any general, merit or market increases.
Councilman Wood wished the information provided concern onlv the public safety employees. Councilman
Wood requested a review of the turnover rates, the retirement factor, deaths and the number of individuals
involved (i. e. a 13.64% turnover in laborers and the difficulty in replacing versus a 5.2% turnover in Police
and 13. 7% in E-911). One of the best sources of public safety recruitment is satisfied individuals within the
organization. Councilman Wood expressed concern re some individuals earning less than those just
employed.
Councilman Diezel advised a cost of living is not presented unless it is "across the board" to all employees.
Council Members Diezel and Wood will make a recommendation which will probably be at odds to the City
staff recommendation in a number of areas. The City Council members are held accountable for decisions
and he is concerned relative staff remarks concerning 'fairness to the taxpayer ". Councilman Diezel has
requested future market surveys be restricted to the Hampton Roads area with a caveat that every year, with
the budget submittal, the entry level salaries of comparable public safety positions be provided to City
Council. Councilman Diezel will prepare a report relative his recommendations.
The City Manager advised the E-911 is the high turnover area which presents concern.
January 24, 2006
- 11 -
C IT Y MANA G E R 'S B R IE FIN G
COMPENSATION PLAN
ITEM # 54800 (Continued)
Mrs Walston advised in addition to the issue of public safety, there are recruitment issues being addressed
concerning engineering clinical positions.
The City Manager advised in some types of positions, the City has been hiring above the minimum range in
order to recruit the personnel.
Councilman Maddox referenced his attendance at Civic League meetings and the citizen's concerns relative
the sufficient number of police officers to provide safety. The citizens are willing to increase the real estate
taxes for needed public services. There is a national crises in public safety. Councilman Maddox requested
the compensation plan information be provided onlv for public safety personnel.
Kenneth Pravetz, President - Virginia Beach Professional Fire Fighters, advised the proposal specific to
the market adjustments ($8-MILLION) was discussed relative splitting over three (3) years so the market
impact would not be as significant.
Vice Mayor Jones expressed concern relative the length of time (January 2008) required to replace the
antiquated Human Resources Payroll system.
Gwen Cowart, Director - Communications and Information Technology, advised the payroll system was
written in-house in 1989. Some of the options suggested were to move to a step program. The previous step
program ended in 1996. A separate Payroll project for the City was scheduled for City Council 2001.
Funding was not available and this project was placed in the Capital Improvement Program for 2010. Last
year, the City Council approved funding this project. This system is an I8-month project to install the core
Human Resources Payroll, which is necessary to meet planned adjustments. The project for installation of
other components would involve a longer length of time.
January 24, 2006
- 12-
CITY COUNCIL COMMENTS
3:16P.M.
ITEM # 54801
Councilman Schmidt referenced the City Council's adoption of the Ordinances re the Base Realignment and
Closure Commission (BRAC) Compliance Plan (December 20, 2005) and the financial feasibility of
establishing a Tax Increment Financing (TIF) district for the Resort.
The City Manager advised a TIF District has been discussed with hypothetical modeling of the boundaries
of a proposed District, which has been shared with the Resort Advisory Commission (RAC) and the
Hotel/Motel Association. However, the City staff has not proceeded further with establishing a TIF.
Councilman Schmidt requested a Briefing to City Council to determine if a TIF would be an appropriate
vehicle.
January 24,2006
- 13-
AGENDA RE VIE W SESSION
3:27 P.M.
ITEM # 54802
I1. Resolution in OPPOSITION to Senate Bill No. 87 and House
Bill No. 665 re permits for the selective pruning of certain
vegetation in areas around billboards. (Sponsored by Mayor
Meyera E. Oberndorf, Council Lady Reba S. McClanan and
Council Lady Rosemary Wilson).
Deputy City Attorney William Macali referenced a typographical error in the Resolution on Line 12 and
distributed a copy of the corrected Resolution.
IJOtl5e BiN llo. 87 should be House Bill No. 665
Council Lady McClanan advised writing individual letters to the members of the City's General Assembly
delegation would certainly show stronger support.
ITEM # 54803
BY CONSENSUS, these items shall compose the CONSENT AGENDA:
I2. Resolution to REFER to the Planning Commission an Ordinance
to amend Sections 501, 901 and 1001 of the City Zoning
Ordinance (CZO) re prohibiting incompatible uses of Zoning
Districts in the CLEAR ZONE.
I3. Resolutions REQUESTING the Virginia Department of
Transportation (VDOT) ACCEPT:
a. additional streets for urban maintenance payments
b. corrections to the road inventory for urban maintenance payments
I4. Resolution GRANTING Cox Communications of Hampton
Roads, LLC (COX) an extension to the Request for Formal
Renewal Proposal to February 28, 2006 re cable franchise.
I5. Resolution APPOINTING Elizabeth C. Kalocay as Assistant City
Attorney.
L6. Ordinance to AUTHORIZE acquisition of property, by
agreement, for replacement of the existing Presidential
Boulevard Pump Station (#517).
January 24, 2006
-14 -
AGE N DA REV IE W S E S S ION
ITEM # 54803 (Continued)
1. 7. Ordinance to A UTHORIZE the City Manager to lease
property at 4797 East Indian River Road (Stumpy Lake
Golf Course) to the Development Authority re advertising
a Request for Proposal (RFP) for the long-term operation,
management and renovation of the golf course.
1.8. Ordinance to ACCEPT and APPROPRIATE $390,399
from the Us. Department of Justice to the FY 2005-2006
operating budget to provide equipment and training for
City Responders (EMS, Fire, ComIt) to support the
response to and coordination of weapons of mass
destruction events.
1.9. Ordinances re the Department of Housing and
Neighborhood Preservation's FY 2005-2006 operating
budget:
a. APPROPRIATE $360,682 from the Home Program
Income to fund non-profit organizations' housing
rehabilitation projects to create affordable rental housing
or very low-income homeless families, assist additional
households to become first-time homeowners and assist
current homeowners with reconstruction of their housing
(Burton Station)
b. APPROPRIATE $354,225 from the HUD Community
Development Block Grant (CDBG) program income and
TRANSFER federal funds of $616,435 to assist
homeowners with repairs, provide additional housingfor
homeless families and individuals and fund various
operational improvements.
c. ACCEPT and APPROPRIATE $297,565 in US.
Department of Housing and Urban Development (HUD)
Section 8 Housing Choice Voucher revenue to fund rental
subsidies for qualifYing residents at Morgan Terrace and
Ebbetts Plaza Apartments
January 24, 2006
- 15 -
AGENDA RE VIE W SESSION
ITEM # 54804
1.2. Application of LISA BARLOW for a Conditional Use
Permit re a home occupation (animal rehabilitator) at
948 Morgan Trail (DISTRICT 2 - KEMPSVILLE)
This item shall be discussed during Formal Session
ITEM # 54805
1.4. City Zoning Ordinance (CZO) re Historic Kempsville
Master Plan:
a. ADD Article 20, Sections 2000 through 2004, establishing
the Overlay District, boundaries, use regulations and
dimensional, density, landscape and buffering
requirements
b. AMEND and REORDAIN Section 102, re the
establishment of districts and official zoning maps
c. AMEND and REORDAIN Article 9, Sections 900 through
906, re the legislative intent, use regulations, dimensional
requirements, landscape screening and buffering
regulations, height regulations, sign regulations, and off-
street parking regulations for the B-4K Mixed Use District
d. AMEND the Official Zoning Map by the designation and
incorporation of the Overlay District
e. AMEND the Comprehensive Plan to incorporate the Master Plan
This item has speakers registered for the Formal Session.
Council Lady McClanan shall ABSTAIN on this item (Historic Kempsville Master Plan) as she and her
husband are major property owners in this area. Council Lady McClanan has not participated in any
discussions relative this matter.
ITEM # 54806
BY CONSENSUS, these items shall compose the PLANNING BY CONSENT AGENDA:
PLANNING
1.1. Application of BULLFROGS and BUTTERFLIES for a
Conditional Use Permit re child care education center at
2844 North Landing Road (DISTRICT 7 - PRINCESS
ANNE)
1.3. Application of PAMELA J. JOHNSONfora Conditional
Use Permit re a home occupation (daycare) at 3005
Redbud Court (DISTRICT 3 - ROSE HALL)
January 24, 2006
- 16-
ITEM # 54807
Vice Mayor Louis R. Jones entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion, consideration 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 2.2-3711 (A) (1).
To Wit: Appointments: Boards and Commissions:
Beaches and Waterways Commission
Community Medical Advisory Commission
Francis Land House Board of Governors
Governance Committee for Historic Sites
Hampton Roads Economic Development Alliance
Health Services Advisory Board
Investment Partnership Advisory Committee- PPEA
Personnel Board
Resort Advisory Commission
Transportation District Commission of Hampton Roads
Virginia Beach Community Development Corporation (VBCDC)
PROSPECTIVE BUSINESS OR INDUSTR Y: Discussion concerning a prospective
business or industry where no previous announcement has been made of the business'
or industry's interest in locating in the community pursuant to Section 2.2-3711 (A)(5)
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 2.2-3711 (A)(3).
Bayside District
LEGAL MA TTERS: Consultation with legal counselor briefings by staff members,
consultants, or attorneys pertaining to actual or probable litigation, or other specific
legal matters requiring the provision of legal advice by counsel pursuant to Section
2.2-3711 (A)(7).
Joshua Blaine Shephred
BRAC
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (3:37 P.M.).
January 24, 2006
- 17-
ITEM # 54807 (Continued)
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, James L. Wood and
Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
[Recovering from surgery, hospitalized]
Richard A. Maddox
[Left at 3:20 P.M., still recovering
from surgery]
Jim Reeve
[Out of City]
(Closed Session: 3:37 P.M. - 5:00 P.M.)
(Dinner: 5:30 P.M. - 5:50 P.M.)
January 24, 2006
- 18-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
January 24, 2006
6:00 P.M.
Vice Mayor Louis R. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 24, 2006, at 6:00 P.M.
Council Members Present:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba
S. McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary
Wilson and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf
[Hospitalized recovering from surgery]
Richard A. Maddox
[Left at 3:20 P.M., is still recovering
from surgery]
Jim Reeve
[Out of City]
INVOCATION: Reverend D.P. Staton
Police Chaplain
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm of Goodman
and Company and is directly and indirectly involved in many of Goodman and Company's transactions.
However, due to the size of Goodman and Company and the volume of transactions it handles in any given
year, Goodman and Company has an interest in numerous matters in which her husband is not personally
involved and of which she does not have personal knowledge. In order to ensure her compliance with both
the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to
thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters
in which she might have an actual or potential conflict. If, during her review she identifies any matters, she
will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council.
Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is
hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not
personally involved and of which she does not have personal knowledge. In order to ensure her compliance
with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her
practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any
matters in which she might have an actual or potential conflict. If, during her review she identifies any
matters, she will prepare andfile the appropriate disclosure letter to be recorded in the official records of
City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January
27, 2004, is hereby made a part of the record.
January 24, 2006
- 19-
Item V-E.
CERTIFICATION OF
CLOSED SESSION
ITEM # 54808
Upon motion by Council Lady Wilson, seconded by Councilman Schmidt, City Council CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 54807, page 16, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the
governing body that such Closed Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
~~"
th Hodges mith, MMC
City Clerk
January 24, 2006
- 20-
Item V- F.1.
MINUTES
ITEM #54809
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED Minutes
of the INFORMAL AND FORMAL SESSIONS of January 10, 2006.
Voting: 7-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Peter W.
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Vice Mayor Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
Council Lady McClanan ABSTAINED, as she was ill and could not attend the City Council Session of
January 10, 2006.
January 24, 2006
- 21 -
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM #54810
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
January 24, 2006
- 22-
Item V-G.1.
RECOGNITION
ITEM #54811
Vice Mayor Jones recognized the following Boy Scouts in attendance to fulfill requirements for their
Citizenship in the Community Merit Badge
Troop 443
Church of Jesus Christ of Latter-Day Saints
Erik Bruning
Scoutmaster
Jon Zondler
Assistant Scoutmaster
Keagan Zondler
Senior Patrol Leader
Logan Fike
Jacob Ankney
Tyler Marlowe
Josh Seymour
Troop 179
St. John the Apostle Catholic Church
Sean Kane
Ben Jerauld
Cody Kissinger
Adam Tucker
Jerry Kane
Brad Cayo
Renee Wert
Lisa Jerauld
Mark Cayo
Leaders
Vice Mayor Jones presented each with City Seal pins
January 24, 2006
- 23-
Item V-I.
RESOLUTIONS/ORDINANCES
ITEM # 54812
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED IN
ONE MOTION Items 2, 3a/b, 4, 5, 6,7,8 and 9a/b/c of the CONSENT AGENDA.
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24,2006
- 24-
Item V-Ll.
RESOLUTIONS/ORDINANCES
ITEM # 54813
The following group, representing the Virginia Beach Beautification Commission, registered in
SUPPORT:
Nancy Parker, 604 Goldsboro Avenue, Phone: 425-1589, was the representative speaker
Demaris Yearick
Pat and Betty Bridges
Johnnie Miller
Jeanette Willen brink
Vice Mayor Jones read into the record Mayor Oberndorj's letter requesting support of this Resolution to
oppose Senate Bill 87 and House Bill 665
Councilman Wood requested a listing of the members of the Transportation Committee be provided in order
for the Council Members to also write individual letters.
Upon motion by Council Lady Wilson, seconded by Council Lady McClanan, City Council ADOPTED:
Resolution in OPPOSITION to Senate Bill No. 87 and House Bill No. 665 re
permits for the selective pruning of certain vegetation in areas around
billboards. (Sponsored by Mayor Meyera E. Oberndorf, Council Lady Reba S.
McClanan and Council Lady Rosemary Wilson).
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
1
2
3
4
5
6
7
8
9
10
11
REQUESTED BY MAYOR MEYERA E. OBERNDORF, COUNCILWOMAN
REBA S. McCLANAN AND COUNCILWOMAN ROSEMARY WILSON
A RESOLUTION IN OPPOSITION TO SENATE
BILL NO. 87 AND HOUSE BILL NO. 665,
PERTAINING TO PERMITS FOR THE SELECTIVE
PRUNING OF CERTAIN VEGETATION
WHEREAS, Senate Bill No. 87 and its identical counterpart,
12 House Bill No. 665, have been introduced into the 2006 General
13 Assembly Session; and
14
WHEREAS, if enacted, the aforesaid bills would allow VDOT
15 to issue permits, without the City's consent and over the City's
16 objection, for the "selective pruning" of trees and other
17 vegetation that obstructs motorists' view of billboards located
18 on any road within the City that the public uses for purposes of
19 vehicular travel; and
20 WHEREAS, VDOT's current authority to issue such permits is
21 limited to billboards that are visible from interstate highways,
22
National
Highway
System highways
and
federal-aid primary
23 highways, as the former federal-aid primary highway system
24 existed on June 1, 1991; and
25
WHEREAS, there are a significant number of billboards
26 within the City that are currently not within the jurisdiction
27 of VDOT, but that would be made subj ect to VDOT's jurisdiction
28 if the proposed legislation is enacted; and
1
29
WHEREAS,
the
proposed
legislation
was
introduced
in
30 reaction to VDOT's refusal to issue a selective pruning permit
31 application filed by Adams Outdoor Advertising (Adams), in which
32 Adams sought to cut down, to a height of four feet, sixty-seven
33 (67) Crepe Myrtles trees, four (4) Zelkova trees and other
34 vegetation located in the median and on the south side of
35 Virginia Beach Boulevard, on the basis that VDOT lacked the
36 authority to issue the permit because the portion of Virginia
37 Beach Boulevard on which the trees were located is not an
38 interstate highway, National Highway System highway or federal-
39 aid primary highway, as the former federal-aid primary highway
40 system existed on June 1, 1991; and
41
WHEREAS,
the
legislation
punishes
those
localities,
42 including the City of Virginia Beach, that have spent money to
43 landscape their roadways, business districts, downtown areas and
44 other important locations in order to create a more attractive
45 environment for economic development and tourism; and
46
WHEREAS, the proposed legislation also provides a strong
47 disincentive for localities to landscape such areas so as to
48 improve their appearance and create attractive roadways for the
49 enjoyment of motorists and pedestrians; and
50
51
WHEREAS,
the proposed bills
constitute purely
benefit only the
special
outdoor
interest legislation, in that they
2
52 advertising industry to the detriment of the public interest and
53 common good; and
54
WHEREAS, the regulation of signs and billboards has been
55 traditionally considered a matter of local land use traditional
56 left to the discretion and authority of municipal and county
57 governing bodies that are elected by, and directly responsible
58 to, their citizens; and
59
WHEREAS, it is the sense of the City Council that the
60 proposed legislation represents an unwarranted and unnecessary
61 intrusion into a matter that has heretofore been within the
62 regulatory province of localities;
63
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
64 OF VIRGINIA BEACH, VIRGINIA:
65
That the City Council hereby expresses its opposition to
66 Senate Bill No. 87 and House Bill No. 665, and respectfully
67 requests the General Assembly to decline to enact either bill or
68 any similar or amended legislation of like import.
69
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
70 VIRGINIA BEACH, VIRGINIA:
71
That the City Clerk is hereby directed to transmit a
72 certified copy of this Resolution to each member of the City's
73 General Assembly delegation.
74
3
75
Adopted by the Council of the City of Virginia Beach,
76 Virginia on the 2ALh day of January
, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
CA-9893
OID\Land Use\ordres\SB87res.doc
R-2
January 18, 2006
4
- 25 -
Item V-I.2.
RESOLUTIONS/ORDINANCES ITEM # 54814
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution to REFER to the Planning Commission an Ordinance to amend
Sections 501, 901 and 1001 of the City Zoning Ordinance (CZO) re
prohibiting incompatible uses of Zoning Districts in the CLEAR ZONE
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
1
2
3
4
5
6
7
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE TO AMEND SECTIONS
501, 901 AND 1001 OF THE CITY ZONING
ORDINANCE BY PROHIBITING USES DESIGNATED AS
INCOMPATIBLE IN THE PORTIONS OF RESIDENTIAL,
BUSINESS AND INDUSTRIAL ZONING DISTRICTS
WITHIN THE CLEAR ZONE
8
WHEREAS, the public necessity, convenience, general
9 welfare and good zoning practice so require;
10
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
11 CITY OF VIRGINIA BEACH, VIRGINIA:
12
That the above-entitled ordinance, a copy of which is
13 hereto attached, is hereby referred to the Planning Commission
14
for
its
consideration and recommendation.
The
Planning
15 Commission is directed to consider, and make its recommendation
16 on, such ordinance at its February 8, 2006 public hearing and
17 forthwi th to transmit to the City Council its recommendation
18 thereon.
19 Adopted by the Council of the City of Virginia Beach,
20
Virginia, on the
24th
day of January
, 2006.
CA-9885
OID\ordres\refer Clear Zoneordin.res
R-1
January 9, 2006
At;;}J;;i;~~7CY:
City Attorney's Office
APPROVED AS TO CONTENT:
.
1
2
3
4
5
6
7
8
9
AN ORDINANCE TO AMEND SECTIONS 501, 901 AND
1001 OF THE CITY ZONING ORDINANCE BY
PROHIBITING USES DESIGNATED AS INCOMPATIBLE IN
THE PORTIONS OF RESIDENTIAL, BUSINESS AND
INDUSTRIAL ZONING DISTRICTS WITHIN THE CLEAR
ZONE
Sections Amended: CZO ~~ 501, 901 and 1001
10
WHEREAS, the public necessity, convenience, general welfare
11 and good zoning practice so require;
12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
13 OF VIRGINIA BEACH:
14 That Sections 501, 901 and 1001 of the City Zoning Ordinance
15 are hereby amended and reordained, to read as follows:
16
17 Sec. 501. Use regulations [Residential Districts].
18
19
20
21
22 (c) Special restrictions in Accident Potential Zone 1 (APZ-
23 1). No use or structure shall be permitted on any property located
24 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless
25 such use is designated as Compatible in APZ-1 or the Clear Zone, as
26 the case may be, in Table 2 ("Air Installations Compatible Use
27 Zones Land Use Compatibility in Accident Potential Zones") of
28 Section 1804; provided, however, that any use or structure not
29 designated as Compatible shall be permitted as a replacement of the
30 same use or structure if the replacement use or structure is of
31 equal or lesser density or intensity than the original use or
1
32 structure.
33 COMMENT
34 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
35 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section
3 6 1804 in portions of Residential Districts within Clear Zones. The amendment, which has the same effect
3 7 in Clear Zones as the APZ-1 Ordinance adopted on December 20, 2005, allows replacement uses and
3 8 structures so long as they are of lesser or equal density or intensity as the original use or structure.
39
40
41 Sec. 901. Use Regulations [Business Districts] .
42
43
44 (a) Principal and conditional uses. The following chart lists
45 those uses permitted within the B-1 through B-4C Business
46 Districts. Those uses and structures in the respective business
47 districts shall be permitted as either principal uses indicated by
48 a "P" or as conditional uses indicated by a "C." Uses and
49 structures indicated by an "X" shall be prohibited in ,the
50 respective districts. No uses or structures other than as specified
51 shall be permitted.
52
53 (c) Special restrictions in Accident Potential Zone 1 (APZ-l).
54 No use or structure shall be permitted on any property located
55 within Accident Potential Zone 1 (APZ-1) or the Clear Zone unless
56 such use is designated as Compatible in APZ-1 or the Clear Zone, as
57 the case may be, in Table 2 ("Air Installations Compatible Use
58 Zones Land Use Compatibility in Accident Potential Zones") of
59 Section 1804; provided, however, that any use or structure not
60 designated as Compatible shall be permitted as a replacement of the
2
61 same use or structure if the replacement use or structure is of
62 equal or lesser density or intensity than the original use or
63 structure.
64 COMMENT
65
66 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
67 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section
68 1804 in portions of Business Districts within Clear Zones. The amendment, which has the same effect in
69 Clear Zones as the APZ-1 Ordinance adopted on December 20, 2005, allows replacement uses and
70 structures so long as they are of lesser or equal density or intensity as the original use or structure.
71
72
73
74
75 Sec. 1001. Use regulations [Industrial Districts].
76
77
78
79 (c) Special restrictions in Accident Potential Zone 1 (APZ-l).
80 No use or structure shall be permitted on any property located
81 within Accident Potential Zone 1 (APZ-l) or the Clear Zone unless
82 such use is designated as Compatible in APZ-l or the Clear Zone, as
83 the case may be, in Table 2 ("Air Installations Compatible Use
84 Zones Land Use Compatibility in Accident Potential Zones") of
8 5 Section 1804; provided, however, that any use or structure not
86 designated as Compatible shall be permitted as a replacement of the
8 7 same use or structure if the replacement use or structure is of
8 8 equal or lesser density or intensity than the original use or
89 structure.
90
91 COMMENT
92
93 The amendment prohibits new uses and structures that are incompatible under Table 2 ("Air
94 Installations Compatible Use Zones Land Use Compatibility in Accident Potential Zones") of Section
95 1804 in portions of Industrial Districts within Clear Zones. The amendment, which has the same effect
3
9 6 in Clear Zones as the APZ-l Ordinance adopted on December 20, 2005, allows replacement uses and
97 structures so long as they are of lesser or equal density or intensity as the original use or structure.
98
99
100
101
102
103 Adopted by the City Council of the City of Virginia Beach,
104 Virginia, on this day of , 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
4) JIM ;1,&J
City Attorney's Office
CA-9881
OID\ordres\AICUZ\Clear Zone ordin.doc
R-1
January 6, 2005
4
- 26-
Item V-I.3a/b.
RESOLUTIONS/ORDINANCES
ITEM # 54815
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Resolutions REQUESTING the Virginia Department of Transportation
(VDOT) ACCEPT:
a. additional streets for urban maintenance payments
b. corrections to the road inventory for urban maintenance payments
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24,2006
1 A RESOLUTION REQUESTING THE VIRGINIA
2 DEPARTMENT OF TRANSPORTATION TO ACCEPT
3 ADDITIONAL STREETS FOR URBAN
4 MAINTENANCE PAYMENTS
5
6
7 WHEREAS, the Virginia Department of Transportation
8 requires a City Council resolution prior to accepting additional
9 streets for urban maintenance payments;
10
WHEREAS,
the
13.48
(12.68
Local/Collector,
.80
11 Arterial) lane miles of streets listed on Exhibit A (attached)
12 have been constructed in accordance with standards established
13 by the Virginia Department of Transportation;
14
WHEREAS, the City of Virginia Beach has accepted and
15 agreed to maintain these streets; and
16
WHEREAS, a representative from the Virginia Department
17 of Transportation has inspected and approved these streets.
18
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
19 CITY OF VIRGINIA BEACH, VIRGINIA:
20
That
City
Council
hereby
requests
the
Virginia
21 Department of Transportation to accept the streets listed on
22 Exhibit A, attached hereto and incorporated by reference, and to
23 begin paying urban maintenance payments to the City of Virginia
24 Beach based on the established rate.
25 Adopted by the Council of the City of Virginia Beach,
26
Virginia, on the
24th day of January, 2006.
27
Approved as to Content:
Approved as to Legal Sufficiency:
~~ff~ {bJ~
PublJ.c Works
Jamu~~(;;c
City Attorney's ffice
CA9891
H:\PA\GG\OrdRes\VDOT Urban Maint. RES
R-2
January 13, 2006
1
2
3
4
5
6
7
A RESOLUTION REQUESTING THE VIRGINIA
DEPARTMENT OF TRANSPORTATION TO ACCEPT
CORRECTIONS TO THE ROAD INVENTORY FOR
URBAN MAINTENANCE PAYMENTS
WHEREAS, the Virginia Department of Transportation
8
requires
a
City
Council
resolution
prior
to
accepting
9 corrections or deletions to the revised road inventory for urban
10 maintenance payments;
11 WHEREAS, City personnel have reviewed the revised road
12 inventory prepared by the Virginia Department of Transportation
13 and have determined that some inaccuracies exist;
14
WHEREAS, corrections to the revised road inventory
15 have been made as shown on Exhibit A (attached), which will
16 result in a net increase of 4.93 (.77 Local/Collector, 4.16
17 Arterial) lane miles; and
18 WHEREAS, a representative from the Virginia Department
19 of Transportation has inspected and approved these corrections.
20
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
22
That
Ci ty Council
hereby requests
the Virginia
23 Department of Transportation to accept the corrections listed on
24 Exhibit A, attached hereto and incorporated by reference, and to
25 begin paying urban maintenance payments to the City of Virginia
26 Beach based on the established rate.
27
Adopted by the Council of the City of Virginia Beach,
28 Virginia, on the 24th
day of January, 2006.
Approved as to Content:
Approved as to Legal Sufficiency:
P!if(;A. f1,~
Publi Works
':
CA9890
H:\PA\GG\OrdRes\VDOT Urban Maint. (2) RES
R-2
January 13, 2006
URBAN DIVISION Page of 11
Form U-1
(Rev. 1-1-87) VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
ADDITIONS/REPLACE DELETIONS MUNICIPALITY CITY OF VIRGINIA BEACH
LOCAL
STREET NAME TERMINI PAVEMENT CENTER- NUMBER LANE FUNC.
WIDTH LINE OF MILES CLASS
ROUTE NUMBER FROM TO (FEET) MILES LANES (TPD USE
ONLY)
B08 SUNNYSIDE DR MORGAN TR HUNTS POINTE DR 36 0.39 2 0.78
C05 BUCKINGHAM CT N WEBLlN DR CUL-DE-SAC 40 0.08
C05 BUCKINGHAM CT S WEBLlN DR CUL-DE-SAC 40 0.08
C11 GARNER LA L YM DR 30' W OF ANTONICK LA 30 0.30
C11 HEALD WY BIZZONE CI S DEAD END 60 35 1.08
-------- __m____
D05 BACKWOODS RD MEADOW GROVE TL KINDLEWOOD DR 50. 30 0.26 2 0.52
E11 ADAIR DR DARDEN DR N CUL-DE-SAC 50 0.25 2 0.50
107 FAIR LADY RD POTTERS RD N DEAD END 0.15 0.30
J05 CALYPSO LA OLD DONATION PK OLD CUTLER RD 50 30 0.38 0.76
L11 HAVILAND DR DA VINCI DR DA VINCI DR 50 30 0.71 1.42
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED j~-I1- !l. " . A. ~ --jr___l~J,06
MUNICIP~- DAT€-L
SIGNED " _______________
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY ""."._______
TPD ENGINEER
DATE
Form U-1
(Rev, 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
ADDITIONS/REPLACE DELETIONS
URBAN MINOR ARTERIAL
MUNICIPALITY
CITY OF VIRGINIA BEACH
STREET NAME TERMINI
ROUTE NUMBER FROM TO
107 FAIR LADY RD ELON DR POTTERS RD
110 DRAKESMILE RD SHIPPS CORNER RD DAM NECK RD
J10 LONDON BRIDGE RD 1.72MN INTERNATIONAL ELON DR
PKWY
J10 LONDON BRIDGE RD INTERNATIONAL PKWY 1.72MN INTERNATIONAL PKWY
RIW PAVEMENT CENTER- NUMBER LANE FUNG.
WIDTH WIDTH LINE OF MILES GLASS
(FEET) (FEET) MILES LANES (TPD USE
ONLY)
50 30 0.20 2 0.40
0.32 4 1.28
50 30 0.16 4 0.64
50 23 1.72 4 6.88
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED PA, f'h. Vh..()A'7f)-- //DLA-T3 (~b_
MUNICI~Ft~-- Ifr6. ~LC.
SIGNED______
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY
TPD ENGINEER
DATE
Form U-1
(Rev. 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
Deletions
LOCAL
STREET NAME TERMINI
ROUTE NUMBER FROM TO
D05 BACKWOODS DR MEADOW GROVE TRL KINDLEWOOD LA
D07 MORRIS AV GRAYSON RD CUL-DE-SAC
L11 AZTEC CT CUL-DE-SAC
MUNICIPALITY
CITY OF VIRGINIA BEACH
RfW
WIDTH
(FEET)
PAVEMENT
WIDTH
(FEET)
CENTER-
LINE
MILES
NUMBER
OF
LANES
LANE
MILES
40.
20
0.15
0.52
50.
31
0.26
50
30
0.04
0.08
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED PiJi fir-. .~n.C'vru-r
MUNICI~~;;r~lkll\.-
_j~J~b
DATfr-"
SIGNED___ .
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY_u_
TPD ENGINEER
DATE
URBAN DIVISION Page of 11
Form U-1
(Rev. 1-1-87) VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
DeletionsfTo be replaced MUNICIPALITY CITY OF VIRGINIA BEACH
LOCAL
STREET NAME TERMINI RJW PAVEMENT I CENTER- NUMBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
ROUTE NUMBER FROM TO (FEET) (FEET) , MILES LANES (TPD USE
ONLY)
B08 SUNNYSIDE DR MORGAN TR DEAD END 50 37 2 0.68
C05 BUCKINGHAM CT N WEBLlN DR WEBLlN DR 20 0.09 0.09
C11 GARNER LA 110' W OF LYM DR 30' W OF ANTONICK LA 50 0.13 2 0.26
C11 GARNER LA L YM DR 110' W OF L YM DR 50 0.02 2 0.04
C11 HEALD WY 99' N OF L YM DR (PHASE 113' S OF LYM DR 60 30 2 0.08
L1NE-PH3. SEC1)
C11 HEALD WY BIZZONE CI S DEAD END 60 35 2 1.00
C11 HEALD WY PHASE LINE E DEAD END 50 30 2 0.30
C11 HEALD WY S DEAD END PHASE LINE 50 2 I 0.26
D05 BACKWOODS RD END OF CONST KINDLEWOOD DR 50
E11 ADAIR DR DARDEN DR CUL-DE-SAC 50 30 0.07
107 LONDON BRIDGE RD POTTERS RD GREAT NECK RD
107 LONDON BRIDGE RD POTTERS RD GREAT NECK RD
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED ~i6ip~.n i~Ob
SIGNED
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY___
TPD ENGINEER
DATE
Form U-1
(Rev. 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
DeletionsfTo be replaced
LOCAL
MUNICIPALITY
CITY OF VIRGINIA BEACH
ROUTE NUMBER
FROM
TO
RJW PAVEMENT CENTER- NUMBER LANE FUNG.
WIDTH WIDTH LINE OF MILES GLASS
(FEET) (FEET) MILES LANES (TPD USE
ONLY)
50 30 0.11 2 0.22
50 30 0.07
STREET NAME
TERMINI
J05
CALYPSO LA
OLD CUTLER RD
CREW CT
L11
HAVILLAND DR
DAVINCI DR
DAVINCI DR
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED ,f;iJiJ~!diL_~A~b
SIGNED_
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY
TPD ENGINEER
DATE
1----
Form U-1
(Rev. 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
DeletionslTo be replaced
URBAN MINOR ARTERIAL
MUNICIPALITY
CITY OF VIRGINIA BEACH
STREET NAME TERMINI
ROUTE NUMBER FROM TO
110 LONDON BRIDGE RD SHIPPS CORNER RD DAM NECK RD
EXT
J10 LONDON BRIDGE RD 1.72MN INTERNATIONAL POTTERS RD
PKWY
J10 LONDON BRIDGE RD INTERNATIONAL PKWY 1.72MN INTERNATIONAL PKWY
RJW PAVEMENT CENTER- NUMBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
(FEET) (FEET) MILES LANES (TPD USE
ONLY)
0.32 4 1.28
50. 30 0.16 2 0.32
50. 23 1.72 2 3.44
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED jjNI~P~
_l~ 3 0b
1~T{k
SIGNEQ_m _ n __m__m _________
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY m _______
TPD ENGINEER
DATE
Form U-1 URBAN DIVISION Page of 11
(Rev. 1-1-87) VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
New Street MUNICIPALITY CITY OF VIRGINIA BEACH
LOCAL
STREET NAME TERMINI RJW PAVEMENT CENTER- NUMBER LANE FUNC.
WIDTH WIDTH LINE OF MILES CLASS
ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (TPD USE
ONLY)
B08 CARDAMON DR HUNTS POINTE DR 50 30 0.16 2
B11 BARKIE CT CORBIN DR N CUL-DE-SAC 50 31 0.03 2
B11 CORBIN DR KEMPSVILLE RD BLADE CT 50 31 0.04 2
B11 KEMPSVILLE KEMPSVILLE RD CUL DE SAC 60 36'2" 0.29 2 0.58
CROSSING LN
C05 ADMISSIONS CT S CUL-DE-SAC HERBERT MOORE RD 50 2 0.12
C11 ANTONICK LA L YM DR W DEAD END 60 25 2 0.02
C11 L YM DR END OF CONSTRUCTION 50 25 0.54 2
C11 SILVERIA ST S DEAD END 50 30 0.02 2
E11 FL YFISHER CT INDIAN RIVER RD CUL-DE-SAC 50 25 0.10 2
F02 LAUDERDALE A V E DEAD END 22 0.04 2
F07 BUDDING AV S BONNEY RD 30 2
F08 BROOKSIDE CT BROOKSIDE LA CUL-DE-SAC 30 2
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED. !}fj, 0 '-1/)....~~m-~43/Db
MUNICIP~~K- U D,.((r
SIGNED ___________
RESIDENT ENGINEER
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY__ ________
TPD ENGINEER
DATE
DATE
,- URBAN DIVISION Page of 11
Form U-1
(Rev. 1-1-87) VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
New Street MUNICIPALITY CITY OF VIRGINIA BEACH
LOCAL
STREET NAME TERMINI RIW PAVEMENT CENTER- NUMBER LANE FUNG.
WIDTH WIDTH LINE OF MILES GLASS
ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (TPD USE
ONLY)
F11 BUCKHORN CT BUCKHORN PL CUL-DE-SAC 0.03 2 0.06
F12 BOYSENBERRY CT DEWBERRY LA (NB) W CUL-DE-SAC 50 26 0.10 2 0.20
F12 CRANBERRY CT DEWBERRY LA (NB) W CUL-DE-SAC 50 26 0.07 2 0.14
F12 DEWBERRY LA CUL-DE-SAC INDIAN RIVER RD 50 26 0.27 2 0.54
F12 SPICEBERRY CT DEWBERRY LA (NB) W CUL-DE-SAC 50 26 0.02 2 0.04
F12 TEABERRY CT DEWBERRY LA (NB) E CUL-DE-SAC 26 0.03 0.06
--- --- ---------.---
G04 MATOAKA PLACE LITTLE NECK RD E CUL-DE-SAC 40 30 0.09 0.18
H04 WATERSEDGE CT WATERSEDGE DR E CUL-DE-SAC 50 25 0.07 0.14
H13 BACH LA EINSTEIN DR HEMINGWAY RD 50' 24 0.07 2
H13 EINSTEIN DR END OF CUL-DE-SAC EINSTEIN DR 50' 24 0.92 2
H13 HEMINGWAY RD CADENCE WY EISNTEIN DR 60 44 0.03 I 2
H13 HEMINGWAY RD EINSTEIN DR 50' 24 0.14 2
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED1N~~~
~3!ob
DAtE'--
SIGNED_______
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY_____n
TPD ENGINEER
DATE
----------
URBAN DIVISION Page of 11
Form U-1
(Rev, 1-1-87) VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
New Street MUNICIPALITY CITY OF VIRGINIA BEACH
LOCAL
STREET NAME TERMINI R/W PAVEMENT CENTER- NUMBER LANE FUNG.
WIDTH WIDTH LINE OF MILES GLASS
ROUTE NUMBER FROM TO (FEET) (FEET) MILES LANES (TPD USE
ONLY)
H13 STEPHENSON CT EINSTEIN DR END OF CUL-DE-SAC 50' 0.03 2 0.06
H21 MANSFIELD LA BLACKWATER RD W CUL DE SAC 60 0.74 2 1.48
113 BLAKE ST EINSTEIN DR EINSTEIN DR 50' 0.12 2 0.24
113 LONGWORTH CT EINSTEIN DR END OF CUL-DE-SAC 50' 0.12 2 0.24
-------+---
113 STEINBECK CT EINSTEIN DR END OF CUL-DE-SAC 50' 0.03 0.06
114 STONE WOOD STONEWOOD DR STONEWOOD DR 50' 0.06 0.12
CROSSING
-- -------
114 STONE WOOD DR 330' NORTH OF INDIAN DEAD END AT CUL-DE-SAC 50' 0.49 0.98
PLANTATION DR
J12 CABOT CT FENWICK WY S CUL-DE-SAC 50 0.11 0.22
J12 FENWICK WY PRINCESS ANNE RD RAYBURN LN 50 0.20 2
J12 FENWICK WY RAYBURN LA E CUL-DE-SAC 50' 0.20 2 0.40
J12 KNOX CT FENWICK WAY E CUL-DE-SAC 50 0.06 2 0.12
J12 PIERCE LA S DEAD END W CUL DE SAC 50 30 0.07 2 0.14
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED .~u 111L. . - .- ;:\,. J-j---
MUNICIP~
;J. 110,6
DA-lt'"
SIGNEDu un___
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY
TPD ENGINEER
DATE
Form U-1
(Rev, 1-1-87)
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
Page
of 11
New Street
LOCAL
STREET NAME TERMINI
ROUTE NUMBER FROM TO
J12 RAYBURN LA FENWICK WY PIERCE LA
M12 ALBUQUERQUE DR NIMMO PK RIO RANCHO DR
M12 CHAMBERINO DR S CUL-DE-SAC N CUL-DE-SAC
M12 DASA LEO CT ALBUQUERQUE DR W CUL-DE-SAC
M12 RIO RANCHO DR CHAMBERINO DR W CUL-DE-SAC
M12 VALLE RIO WY W CUL-DE-SAC E DEAD END
MUNICIPALITY
CITY OF VIRGINIA BEACH
RfW PAVEMENT CENTER- NUMBER LANE FUNC,
WIDTH WIDTH LINE OF MILES CLASS
(FEET) (FEET) MILES LANES (TPD USE
ONLY)
50 30 0.08 2 0.16
50 30 0.17 2 0.34
50 30 0.18 2 0.36
50 30 0.06 2 0.12
50 30 0.16 2 0.32
50 30 0.13 2 0.261
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNED PIlL_~""" .r>. {)~;jt
MUNICIP~...
;j~Io~
DA ~-L-
SIGNED
RESIDENT ENGINEER
DATE
Submit to
Resident Engineer in Triplicate
CLASSIFIED BY
TPD ENGINEER
DATE
Form U-1
(Rev. 1-1-87)
New Street
URBAN MINOR ARTERIAL
STREET NAME
ROUTE NUMBER
FROM
107
LONDON BRIDGE RD
ELON DR
'COUNCIL RESOLUTION AND MAP ATTACHED
SIGNEDE/i fL 'I./J..^~p
MUNICIP~~d:t' '^'.
Submit to
Resident Engineer in Triplicate
URBAN DIVISION
VDOT
REQUEST FOR STREET ADDITIONS OR DELETIONS
FOR MUNICIPAL ASSISTANCE PAYMENTS
Section 33.1-41.1
Code of Virginia
TERMINI
R/W
WIDTH
(FEET)
TO
POTTERS RD
;/,3106
~~
Page
of 11
MUNICIPALITY
CITY OF VIRGINIA BEACH
PAVEMENT
WIDTH
(FEET)
CENTER-
LINE
MILES
0.20
SIGNED
RESIDENT ENGINEER
NUMBER
OF
LANES
CLASSIFIED BYn n _ u'm
TPD ENGINEER
LANE
MILES
4
DATE
DATE
FUNC,
CLASS
(TPD USE
ONLY)
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-27-
Item V-I.4.
RESOLUTIONS/ORDINANCES
ITEM # 54816
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution GRANTING Cox Communications of Hampton Roads, LLC (COX)
an extension to the Requestfor Formal Renewal Proposal to February 28, 2006
re cable franchise.
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
1
2
3
4
5
6
A RESOLUTION GRANTING COX
COMMUNICATIONS OF HAMPTON ROADS,
LLC AN EXTENSION TO RESPOND TO THE
CITY'S REQUEST FOR FORMAL RENEWAL
PROPOSAL REGARDING THE CITY'S
CABLE FRANCHISE
7
WHEREAS, by resolution dated November 22, 2005,
City
8 Council authorized the City Manager to issue a Request for
9 Formal Renewal Proposal to Cox Communications of Hampton Roads,
10 LLC ("Cox") regarding the City's cable franchise with Cox; and
11
WHEREAS, pursuant to the formal renewal process set forth
12 in 47 U.S.C. ~546, the City may establish a date by which Cox
13 must issue a response to the Request for Formal Renewal
14 Proposal; and
15
WHEREAS, the existing deadline for Cox to issue a response
16 is January 23, 2006; and
17
WHEREAS, Cox has requested that the said deadline be
18 extended by the City;
19
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
20 OF VIRGINIA BEACH:
21 That City hereby extends the deadline for Cox to respond to
22 the City's Request for Formal Renewal Proposal to February 28,
23 2006.
24 Adopted by the City Council of Virginia Beach, Virginia on
25 this 24th day of January , 2006.
APPROVED AS TO CONTENTS:
~t~
H:\PA\GG\OrdRes\Cox Amendment res
R-2
January 13, 2006
C A 9 B 89
APPROVED AS TO LEGAL
SUFFICIENCY:
if f I~
City Attorney Off1ce
- 28-
Item V-I.5.
RESOLUTIONS/ORDINANCES
ITEM # 54817
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Resolution APPOINTING Elizabeth C. Kalocay as Assistant City Attorney.
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
1
2
A RESOLUTION APPOINTING ELIZABETH C.
KALOCAY AS AN ASSISTANT CITY ATTORNEY
3 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA:
5 That, pursuant to ~ 2-166 of the Code of the City of Virginia
6 Beach, Elizabeth C. Kalocay is hereby appointed as Assistant City
7 Attorney, effective February 1, 2006.
8
Adopted by the Council of the City of Virginia Beach,
9 Virginia, on the 24th day of January
, 2006.
APPROVED AS TO LEGAL SUFFICIENCY:
;e~
City Attorne~fice
CA9892
H:\GG\Ordres\Kalocay.Appointment.Res.doc
R-1
January 12, 2006
- 29-
Item V-I.6.
RESOLUTIONS/ORDINANCES
ITEM # 54818
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to AUTHORIZE acquisition of property, by agreement, for
replacement of the existing Presidential Boulevard Pump Station (#517).
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
1 AN ORDINANCE TO AUTHORIZE ACQUISITION OF
2 PROPERTY IN FEE SIMPLE FOR THE
3 PRESIDENTIAL BOULEVARD PUMP STATION SITE,
4 BY AGREEMENT, FOR THE FOLLOWING SANITARY
5 SEWER PROJECT, PUMP STATION #517
6
7 6-066 Presidential Boulevard Pump Station
8 WHEREAS, in the opinion of the Council of the City of Virginia
9 Beach, Virginia, a public necessity exists for the construction of
10 this important water and sanitary sewer project to provide needed
11 improvements to the City's water and sanitary sewer systems and for
12 other public purposes including the preservation of the safety,
13 health, comfort, and convenience, and for the general welfare of
14 the people in the City of Virginia Beach:
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
1.
That the City Council finds there is a public necessity
18 for this sanitary sewer project, and authorizes the acquisition by
19 agreement pursuant to Section 15.2-1800, Code of Virginia, 1950, as
20 amended, of all that certain real property in fee simple, including
21 temporary and permanent easements and rights-of-way (collectively,
22 the "Property") as may be necessary to construct the project and as
23 is shown on the plans for the project, and as is more specifically
24 described on the acquisition plat for the project (collectively,
25 the "Plans"), and the Plans are on file in the Engineering
26 Division, Department of Public Utilities, City of Virginia Beach,
27 Virginia. Such acquisition will be made only after compliance with
28 Administrative Directive 3.14 for "Public Input for Public
29 Infrastructure Projects Undertaken in the City."
30
2 .
That the City Manager is hereby authorized to make or
31 cause to be made on behalf of the City of Virginia Beach, to the
32 extent that funds are available, a reasonable offer to the owners
33 or persons having an interest in the Property.
34 Adopted by the Council of the City of Virginia Beach,
35
Virginia, on the 24th day of
January
, 2006.
~
APPROVED AS TO LEGAL
~7fICIEN~ ~D FO.. RM
~~~~
City ttorney
CA9827
F:\Data\ATY\OID\REAL ESTATE\Encroachments\PU Ordinances\Presidential Pump
Station\PresidentialCA9827.v2doc.doc
R-2
January 12, 2006
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- 30-
Item V-I. 7.
RESOLUTIONS/ORDINANCES
ITEM # 54819
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to A UTHORIZE the City Manager to lease property at 4797 East
Indian River Road (Stumpy Lake Golf Course) to the Development Authority
re advertising a Request for Proposal (RFP) for the long-term operation,
management and renovation of the golf course.
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
1 AN ORDINANCE AUTHORIZING THE
2 CITY MANAGER TO LEASE CITY
3 PROPERTY LOCATED AT 4797 EAST
4 INDIAN RIVER ROAD, VIRGINIA
5 BEACH, VIRGINIA (STUMPY LAKE
6 GOLF COURSE) TO THE CITY OF
7 VIRGINIA BEACH DEVELOPMENT
8 AUTHORITY
9
10 WHEREAS, the City owns approximately 296.03 acres of
II real property located at 4797 East Indian River Road,
12 Virginia Beach, Virginia, also known as Stumpy Lake Golf
13 Course and as shown on Exhibit A ("the Property");
14 WHEREAS, the Property is currently being leased to
15 Stumpy Lake Golf Course, Incorporated for the management
16 and operation of the Property as a public golf facility,
17 which lease will expire on September 30, 2006;
18 WHEREAS, the City desires to lease the Property to the
19 Virginia Beach Development Authority for the purpose of
20 initiating a Request for Proposal (RFP) process for the
21 long-term lease, management, and renovation of the
22 Property; and
23 WHEREAS, the long-term management and renovation of
24 the Property will serve to enhance the economic interests
25 of the citizens of the City of Virginia Beach.
26 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
27 CITY OF VIRGINIA BEACH, VIRGINIA:
28 That the City Manager is hereby authorized on behalf
29 of the City of Virginia Beach to enter into a lease with
30 the Virginia Beach Development Authority for approximately
31 296.03 acres of real property located at 4797 East Indian
32 River Road, Virginia Beach, Virginia, known as Stumpy Lake
33 Golf Course in accordance with the Summary of Terms
34 attached hereto and such other terms, conditions, or
35 modifications as may be satisfactory to the City Attorney
36 and the City Manager.
37 Adopted by the Council of the City of Virginia Beach,
38 Virginia, on the 24th day of January 2006.
CA-9831
H:IOIDIREAL ESTATEILEASESISTUMPY LAKEIStumpy Lake Lease Ordin.doc
R-l
January 3, 2006
Depar
Recrea
APPROVED AS TO LEGAL
SUFFICIENCY:
Cit
--....----------.--........- - -..
Exhibit A
. PIN (F)
+ CORNER NOT SET
STUMPY lAKE
LINE DATA CHART
NUMBER DIRECTION DISTANCI
Ll S 2 .53'38 E 30.57'
L2 S 77.13'08" W 1278.42'
L3 S 02.37'13" E 302.20'
L4 S 74.38'45" W 3,0.72'
5 N 02.37'13" W 307'50'
L6 N 77.13'08" E 1272.53'
L7 N 74.38'45" E 207.91'
L8 S 10.04 07" E283.31'
L9 S 17.55 45" E 390.17'
LID S 30~10'48"E 682.61'
11 S 30.36'37" E 1356.28'
l12 S 63.41'19" E 208.17'
L13 S 41.23'43" E 3~3.27'
L14 S 09.34'41" E 167.5~'
LIS S 53.07'00" E 128.71'
L16 S 46.45'47" E 538.76'
L17 S 12.09'51" W 111.95'
L18 S 15.22'38" E 420.60'
L19 S 04.20'17" E 482.02'
L20 S 59.30'47" W 244.61'
L21 N 56.25'19" W 764.09'
L22 N 84.43 21" W 388.36'
L23 N 73.13'24" W 582.56'
L24 S 76.01'59" W 1097.39'
L25 S 79.14'00" W 732.78'
L26 N 49.23'10" W 768.05'
L27 S 20.41.14" W 143.15'
L28 N 84"03'03" W 143.56'
L29 N 11.34' 12" W 756.41'
L30 N 02'09'37"E 473.53'
Ul N 41.05' 13" E 185.57'
U2 N09.49' 16" E 540.64'
L33 N 04.30'54" W 113.44'
L34 N 20.32 51" E 127.13'
L35 N 22.50'34" W 452.11f
L36 N 13.35'13" W 747.07'
L37 N 06.35'35" E 110.09'
U8 N 61"51'57" E 97.83'
l39 N 00.50'37" W 101.19'
L40 N 74.30'33" E 456.86'
L41 N 83.26'42" E 443.16'
L42 N 80.05'04" E 406.17'
l43 N 66.07'32" E 268.37'
l44 N 52.25'38" E 44.~5'
l45 S 19.11'42" E 171.79'
L46 N 74.38'45" E 378.20'
L47 N 74'38'45" E 616.83'
l37
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L41
o
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STUMPY lAKE
NOTE:
1. MERIDIAN SOURCE IS BASW ON VA. STATE PlANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983-86.
COORDINATES SHOWN ARE EXPRESSED IN INTERNATIONAL FEET (ONE FOOT EQUAL 0.3048
.'\1ETERS).
2. TOPOGRAPHIC FEATURES SHOWN HEREON ARE REFERENCED FROM THE CllY OF VIRGINIA
BEACH CENTER FOR GIS.
CURVE OAT A CHART
RADIUS ARC LENGTHOEl TA Ai'IGLE CHORD OIRECTlON CHORD LENGTH TANGENT
0' 53.00 76.45 82.39'00" N 35'53'3.9" E 69.99 46.60
C'Z--' 23.00 33.18 82'39'00" S 35.53'39" W .30.38 20.22
SCALE 1/1 = 700'
"
700'
I
1400'
0'
F
EXHIBIT SHOWING
STUMPY lAKE GOLF COURSE LEASE PROPERlY
FOR
STUMPY LAKE GOLF COURSE
VIRGINIA BEACH, VIRGINIA
i II SURVEY BUReAU · ENGINEERING DMS/ON
I . DEPARTMENT OF PUBLIC WORKS · CITY OF VIRGtNtA BEAt."H, VIRGINIA
II [DATE: JUNE 23,2005 J jSC'\LE: 1" = 700'.1 ~RAWN BY: DLWf I flaD BOOK: FG5
I, L:
IIFlt~:
HORI;?:ONTAL 1
nll'.MA:tI:P .,:to.:
68
""
SUMMARY OF TERMS
LEASE FOR THE USE OF APPROXIMA TEL Y 296 ACRES OF
CITY REAL PROPERTY LOCATED AT 4797 EAST INDIAN RIVER ROAD,
ALSO KNOWN AS STUMPY LAKE GOLF COURSE
LESSOR: City of Virginia Beach
LESSEE: Virginia Beach Development Authority (VBDA)
PREMISES: Approximately 296 acres of City property located at 4797 East Indian River
Road in the City of Virginia Beach
TERM: Twenty-Five Years
RENT: Annual payments equal to all rent or other sums received by the VBDA
under the Sublease
PURPOSE: This lease is being entered into for the purpose of the VBDA initiating a
Request For Proposal (RFP) process for the long-term operation,
management and renovation of the course. The VBDA shall advertise a
Request for Proposal (RFP), review and negotiate the best terms for the
operation, renovation, and management of the Stumpy Lake Golf Course
under a lease term not to exceed twenty-five (25) years.
H:\OID\REAL EST A TE\LEASES\STUMPY LAKE\SUMMARY OF TERMS.doc
- 31 -
Item V-I.8.
RESOLUTIONS/ORDINANCES
ITEM # 54820
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $390,399 from the u.s.
Department of Justice to the FY 2005-2006 operating budget to provide
equipment and trainingfor City Responders (EMS, Fire, ComIt) to support the
response to and coordination of weapons of mass destruction events.
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
.
-----------..---- ----------
1
2
3
4
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$390,399 FROM THE U.S. DEPARTMENT OF JUSTICE
TO THE FY 2005-06 OPERATING BUDGET TO PROVIDE
EQUIPMENT AND TRAINING FOR CITY RESPONDERS
5
WHEREAS, the City has been awarded pass-through funding
6 from the U. S. Department of Justice to support the response to
7 and coordination of weapons of mass destruction events.
8
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10
1.
That $390,399 is hereby accepted from the U.S.
11 Department of Justice and appropriated as follows:
12
(a)
$120,200
to
the
Emergency Medical
Services
13
Department's
FY
2005-06
Operating
Budget
to
14
coordinate
city-wide
training
for
the
National
15
Incident Management System;
16
(b)
$97,600 to the Communications and Information
17
Technology Department's FY 2005-06 Operating Budget
18
to support the replacement of Mobile Data Terminals
19
in emergency vehicles;
20
(c)
$172,599 to the Fire Department's FY 2005-06
21
Operating Budget to support a temporary full-time
22
posi tion to coordinate the development of a single-
23
response plan across all City agencies and to set up
24
temporary facilities and provide mobile sheltering
25
during recovery phases of an incident.
26
2 .
That one full-time position is authorized in the Fire
27 Department's Operating Budget, for only as long as grant funding
28 remains for the position.
29
3.
That revenue from the federal government is increased
30 by $390,399 in the FY 2005-06 Operating Budget.
Adopted by the Council of the City of Virginia Beach,
day
of January
2006.
Virginia,
on
the 24th
Approved as to Content
Approved as to Legal Sufficiency
s9~Q.
Management Services
, WfYli?f tf .
CitY Attorney' Office
CA9882
H:\PA\GG\OrdRes\Homeland
R-3
January 13, 2006
Security Grant ORD
COMMONWEALTH of VIRGINIA
MICHAEL M. CLINE
State Coordinator
Department of Emergency Management
10501 Trade Court
Richmond. Virginia 23236.3713
(804) 897-6500
(TOO) 674-2417
FAX (804) 897-6506
www.vaemergency.com
JANET L. CLEMENTS
Deputy Coordinator
JAMES W. KECK
Deputy Coordinator
April 18, 2005
I..-,q
.;.:. r""!-I
." !,
',' 2CGS
Mr. James K. Spore
City Manager
Virginia Beach City
2401 Courthouse Drive
Virginia Beach, VA 23456
Dear Mr. Spore:
The Virginia Department of Emergency Management (VDEM) is pleased to announce the
allocation of the 2005 State Homeland Security Program (SHSP) from the Office of State and Local
Government Coordination and Preparedness, United States Deparbnent of Homeland Security (DHS).
The 2005 Grant is designed to provide equipment, training, planning, and exercises for first responders to
develop better preparedness to prevent, respond and recover from potential acts of terrorism.
Your community has been allocated a total of $390,399 under this grant. This amount was based
upon a formula that provided $20,000.00 plus $.87 per capita to your community. This funding must be
used according to the requirements specified by DHS. A copy ofthe directions and guidance provided by
the Department of Homeland Security may be found in attachment one (1). You will notice that the
Approved Equipment List is in chart form with other 2005 programs, the SHSP approved equipment is
listed ONLY in the first (1 st) column. Compliance with the rules and conditions set forth by DHS is
mandatory .
Under the preparedness enhancement portion of this 2005 grant award, subgrantees are allowed to
spend funds ill four (4) areas of need ill First Responder Preparedness. They are as follows:
1. Equipment Acquisition
2. Training
3. Planning
4. Exercise
As with last year's (2004) awards, all sub-applicants are required to submit an Initial Strategic
Implementation Plan (ISIP). This year you are required not only to develop the ISIP information but also
complete the online ISIP which is submitted to the Commonwealth via the web. To accomplish this
requirement, DHS has made available to grantees and sub-grantees a web-based grant-reporting site
(GRT). This web site is a secured web site and requires a registration process by each sub-grantee.
"Working to Protect People, Property and Our Communities"
2005 State Homeland Security Program Grant
April 18, 2005
Page 2
Attachment two (2) will provide you with a Gr::mt Rp.pnrtin f{ rnnt~l'.t ~hppt Please provide QRg (1)
contact from your community that will be responsible for the ISIP and all other reporting for Homeland
Security Grants; the Commonwealth has to approve each request and will not do so without this
completed form. The named individual will have his/her own user name and password on this GRT site
on the DHS web site. This form MUST be faxed back to VDEM by AV)"il?? ?Ofl'\ in order for your
community to participate in the ISIP training. A training schedule is attached and an email will be
forwarded to the contact person confIrming your community's participation in the training for your
region. Completion of a Bi-annual Strategic hnplementation Report (BSIR) report will also be required
biannually for the life of the grant via this same website. Also provided in attachment two (2) is a copy of
the state strategy's goals and objectives for use in completing the ISIP and a copy of the Glossary of
Grant Terms that will assist subgrantees with the federal and state terminology referred to in the
Homeland Security Grants. The grant reporting contact is not necessarily the designated agent. As in the
past, the executive officer (i.e.: CAO" CFO, etc.) is still required to execute all grant documents.
In addition to the ISIP, the regular grant application forms must be completed as well. These are
the same forms required for the past seven DHS grants and include both Federal and State forms. These
forms may be found in attachment three (3). These forms must be completed and returned to us within 60
days of the date of this letter. Funds will not be released until we have received all of the forms and the
completed ISIP. In attachment three (3) you will fInd the following:
· Form 424, Application for Federal Assistance (Fill out only numbers 1,2,5, & 6 - Date & Sign)
· State Application Form
· Designation of Agent Form
· Form LLL, Disclosure of Lobbying Activities
· OJP Form 4061/6 CertifIcations
· Equipment Coordination CertifIcation
· Non-supplanting CertifIcation
· Level of Training and Equipment Use Certification
With the 2005 Grant funds, the Commonwealth will only send grant funds to a sub-grantee a
maximum of 120 days prior to purchase of allowable expenditures. To accomplish this, VDEM will .
forward a "Request for Drawdown" form once you have completed your application process (which
includes an approved ISIP and grant application package). You may request all of your funds at one time
or spread your request out over the grant period up to a maximum of 5 drawdowns. Paid invoices for
drawdown amounts are due no later than 140 days from the fund disbursement date.
As with other DHS grants, your community is required to retain and submit to VDEM a copy of
your paid invoices to complete your grant fIle and be compliant with the grant rules and audit
requirements within the requested 140 days. As soon as a payment is made, please forward your paid
invoice copies to VDEM. Taking action right away, we believe, will help minimize confusing one grant
for another. You have until Janum::y 31 2007, to obligate your funds under the DHS 2005 Homeland
Security Program. The original paid invoices and receiving reports will reside with your purchasing office
with copies provided to VDEM. These reports should,be held for at least three years after the end of the
grant period and are subject to audit by DHS and/or the Commonwealth of Virginia.
Attached you will fInd the Special Conditions document. This award is subject to all
administrative and fInancial requirements, including the timely submission of all financial and
2005 State Homeland Security Program Grant
April 18, 2005
Page 3
programmatic reports, resolution of all interim audit fmdings. Should you not adhere to these
requirements, you will be in violation of the terms of this agreement and the award will be subject to
termination for cause or other administrative action as appropriate. Please initial the Special Condition
page and submit it with your grant application package.
I appreciate your prompt attention to this matter. You are encouraged to contact Julian Gilman,
Cheryl Adkins, or JoAnn Maher at (804) 897-6500 for help with this grant or if you need any additional
information.
Sincerely,
m7;J ffC~
Michael M. Cline
MMC/JDG/jm
c: The Honorable George W. Foresman, Assistant to the Governor for Commonwealth Preparedness
The Honorable John W. Marshall, Secretary of Public Safety
Mr. Robert P. Crouch, Jr., Chief Deputy Secretary of Public Safety
Ms. Janet Clements, Chief Deputy State Coordinator
Mr. James W. Keck, Administrative Deputy State Coordinator
Attachments
- 32-
Item V-L9a/b/c.
RESOLUTIONS/ORDINANCES
ITEM # 54820
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED:
Ordinances re the Department of Housing and Neighborhood Preservation's
FY 2005-2006 operating budget:
a. APPROPRIATE $360, 682 from the Home Program Income to
fund non-profit organizations' housing rehabilitation projects to
create affordable rental housing or very low-income homeless
families, assist additional households to become first-time
homeowners and assist current homeowners with reconstruction
of their housing (Burton Station)
b. APPROPRIATE $354,225 from the HUD Community
Development Block Grant (CDBG) program income and
TRANSFER federal funds of $616,435 to assist homeowners
with repairs, provide additional housing for homeless families
and individuals and fund various operational improvements.
c. ACCEPT andAPPROPRIATE $297,565 in Us. Department of
Housing and Urban Development (HUD) Section 8 Housing
Choice Voucher revenue to fund rental subsidies for qualifYing
residents at Morgan Terrace and Ebbetts Plaza Apartments
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
1 AN ORDINANCE TO APPROPRIATE $360,682 IN EXCESS
2 HOME PROGRAM INCOME TO THE DEPARTMENT OF
3 HOUSING AND NEIGHBORHOOD PRESERVATION'S FY
4 2005-06 OPERATING BUDGET
5
6 WHEREAS, more program revenue has been realized in the
7 Department of Housing and Neighborhood Preservation's HOME Program
8 than expected.
9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
10 OF VIRGINIA BEACH, VIRGINIA:
11 That $360,682 from program income is hereby appropriated
12 to the Department of Housing and Neighborhood Preservation's FY
13 2005-06 Operating Budget to fund non-profit organizations' housing
14 rehabilitation projects to create affordable rental housing for
15 very low-income homeless families, to assist additional households
16 to become first-time homeowners, and to assist current homeowners
17 with reconstruction of their housing, with estimated revenue from
18 program income increased accordingly.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of January
, 2006.
APPROVED AS TO CONTENT:
0-
JjOJvlQ) Q ~
APPROVED AS TO LEGAL SUFFICIENCY:
CA9888
H:\PA\GG\OrdRes\HOME Program Income ORD
R-2
January 13, 2006
JdJ.~ II ~h
City Attorney' Of rice
Management
1
2
3
4
5
6
AN ORDINANCE TO APPROPRIATE $354,225 IN EXCESS
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)
PROGRAM INCOME AND TO TRANSFER $616,435 TO THE
DEPARTMENT OF HOUSING AND NEIGHBORHOOD
PRESERVATION'S FY 2005-06 OPERATING BUDGET
7
WHEREAS, more program revenue has been realized in the
8 Department of Housing and Neighborhood Preservation's Community
9 Development Block Grant ("CDBG") Program than expected; and
10
WHEREAS, transfers of existing CDBG funding from the
11 Capital Improvement Program and within the Department's FY 2005-06
12 Operating Budget are needed to align funding with the needs of the
13 community.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
15 OF VIRGINIA BEACH, VIRGINIA:
16
1.
That S354,225 from program income is hereby
17 appropriated to the Department of Housing and Neighborhood
18 Preservation's FY 2005-06 Operating Budget to assist homeowners
19 with repairs and to provide additional housing for homeless
20 families and individuals, with estimated revenue from program
21 income increased accordingly.
22
2. That $398,271 is hereby transferred from Capital
23 proj ect # 9-198, Burton Station (Partial) to the Department of
24 Housing and Neighborhood Preservation's FY 2005-06 Operating Budget
25 to assist homeowners with repairs.
26 3. That $218,164 of CDBG funding is hereby transferred
27 within the Department of Housing and Neighborhood Preservation's FY
28 2005-06 Operating Budget to assist homeowners with repairs and to
29 fund various operational improvements.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of January
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
D
Management Services ice
CA98&6
H:\PA\GG\OrdRes\CDBG Program ORD
R-2
January 13, 2006
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $297,565 IN U. S. DEPARTMENT OF HOUSING AND
3 URBAN DEVELOPMENT FEDERAL SECTION 8/HOUSING
4 CHOICE VOUCHER REVENUE TO THE DEPARTMENT OF
5 HOUSING AND NEIGHBORHOOD PRESERVATION'S FY
6 2005-06 OPERATING BUDGET
7
8 WHEREAS, the U.S. Department of Housing and Urban Development
9 has awarded the Department of Housing and Neighborhood Preservation
10 Federal Section 8/Housing Choice Voucher funding for rental
11 assistance for qualifying residents for five rental units in the
12 Morgan Terrace Apartments and 90 rental units in the Ebbetts Plaza
13 Apartments, and associated administrative costs.
14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That $297,565 is hereby accepted from the U.S. Department of
17 Housing and Urban Development Federal Section 8/Housing Choice
18 Voucher Program and is hereby appropriated to the Department of
19 Housing and Neighborhood Preservation's FY 2005-06 Operating
20 Budget to fund rental subsidies for qualifying residents in the
21 Morgan Terrace and Ebbetts Plaza Apartments and associated
22 administrati ve costs, with estimated federal revenue increased
23 accordingly.
24
Adopted by the Council of the City of Virginia Beach,
25 Virginia, on the 24
day of January
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
-B()N) Q.
Management Services
!4J,m c I It?
Cit'y Attorney'/ OIIice
CA9884
H:\PA\GG\OrdRes\Section
R-2
January 12, 2006
8 Voucher ORD
unf) ~ ~(. <6 (QiU~ r-~ ~
( (. ~ (fj)o 6) JI/Il t11
U. S. Department of Housing & Urban Development
~_IfI'Qt~
1"11 \.
=. * i
\I' '\ "+~.- t>~1J
DEe 2 9
~~i
Richmond Office
Public Housing Program Center
600 East Broad Street, 3rd Floor
Richmond, VA 23219
1-800-842-26lO
Mr. Andrew Friedman
Director, Department of Housing and
Neighborhood Preservation
City of Virginia Beach
Municipal Center, BJ4g 18A
Virginia Beach, VA 23456
SUBJECT: Conversion Vouchers
Prepayment
Morgan Terraee
Virginia Beach, Virginia
This Jetter is to fonnally notify your agency that the City of Virginia Beach has
been awarded IS units of Section 8 Conversion Vouchers with annual budget authority of
$93,600 and administrative fee ofS7,740 in order to assist residents of Morgan Terrace in
Virginia Beach, Virginia. The conversion vouchers are provided as a result of the
prepayment of the mortgage to occur in the near future. Additionally, budget authority in
the amount of $56,160 and administrative fee of $4,644 is provided for 9 units for
vouchers for residents of Morgan Terrace being assisted through the Rent Supplement
program, which will terminate with the prepayment. Also provided is budget authority of
$3,750 and $2,250 respectively for special fees to compensate the authority for any
extraordinary Section 8 administrative costs associated with the conversion. These funds
are provided consistent with PlH Notice 99.40 (HA) and Notice PIff 2001.41 (HA).
The Annual Contributions Contract.(ACC) is being prepared' andwill be the .,' <."
subject of separate correspondence. The effective date is March 1,2005. We appreciate
your agreeing to administer these vouchers so that eligible residents of Morgan Terrace
can be assisted.
If you bave any questions or need furtber assistance, please contact Frank Clower
at 804-771-2100 ext. 3778.
/ fj3lJ /0 S ~. (/l) -:>(5 (; I-,(f
6h
jMJt1.
u. S. Department ofBo1lSing & Urban Development
!1-~U. ""0,."0\
;* * i
\ Ii
~ ,if
"All oetf.l9' .
NOV 2 5 leas
Richmond Field Office
600 E. Broad Street\ 3m Floor
Richmond, VA 13219
1-800-842-2610
"
'Mr. Andrew Friedman
Director, Department of Housing and
, Neighborhood Preservation
Princess Anne Park '
,Muniqipal Center, Bldg. 18A
Virginia Beach, VA 23456
Dear Mr. Friedman:
SUBJECT: Conversion Vouchers
Ebbetts Plaza Apartments
, This letter is to formally notify your agency that the City of Virginia Beach has been
awarded 90 units of Section 8 Conversion Vouchers with an annual budget authority of $609,606
and Administrative fees of$50,501 to assist residents ofEbbetts Plaza Apartments.
The Annual contnbutions Contract (ACe) is being prepared and will be the subject of
separate correspondence.. The effective date is January 1,2006. We appreciate your agreeing to
administer tl1ese vou~hers so that eligible residents ofEbbetts Plaza Apartments can be assisted.
If you have any questions. or need further assistancet please contact Frank Clower at 804-
771-2100 ext. 3778. '
Sincerely,
?jd/~
Robert L. Jennings
Director
Office of Public Housing
Visit our websit~ ut www.hud.govlvlrglnill
Item V-J.
PLANNING
1. BULLFROGS and BUTTERFLIES
2. LISA BARLOW
3. PAMELA J. JOHNSON
4. HISTORIC KEMPSVILLE PLAN
- 33-
ITEM # 54821
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
CONDITIONAL USE PERMIT
AMEND CITY ZONING ORDINANCES
AMEND THE OFFICIAL ZONING MAP
AMEND THE COMPREHENSIVE PLAN
January 24, 2006
- 34-
Item V-J.
PLANNING
ITEM # 54822
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council APPROVED IN ONE
MOTION Items 1 and 3 of the PLANNING BY CONSENT AGENDA.
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
- 35 -
Item V-J.l.
PLANNING
ITEM #54823
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of BULLFROGS and BUTTERFLIES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BULLFROGS AND
BUTTERFLIESFORA CONDITIONAL USEPERMITFORA CHILD
CARE EDUCATION CENTER R010634138
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Bullfrogs and Butterflies for a
Conditional Use Permit for a child care education center on property
located at 2844 North Landing Road (GPIN 14934918900000).
DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
I. The applicant shall obtain all necessary permits, inspections and
approvals before the childcare occupancy of the building. A Certificate
of Occupancy for the use shall be obtained from the Permits and
Inspections Division of the Planning Department.
2. The applicant shall maintain a childcare license with the
Commonwealth of Virginia. Failure to maintain childcare license shall
result in revocation of the Conditional Use Permit.
3. The proposed child care education center shall be developed as shown
on the submitted plan entitled "Bullfrogs & Butterflies Child Care"
prepared by TM Collaborative, Inc., with a date of 11/15/05.
4. Fencing shall be constructed around the 75' x 75' Play Area shown on
the submitted plan.
5. Hours of operation are Monday through Friday from 7:00 AM until
6:00 PM.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of January, Two
Thousand Six
January 24, 2006
- 36-
Item V-J.1.
PLANNING ITEM #54823 (Continued)
Voting: 8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
- 37-
Item V-J.2.
PLANNING
ITEM #54824
Lisa Barlow, 948 Morgan Trail, Phone; 420-7879, the applicant, advised she is State and Federally licensed
as a Wildlife Rehabilitator. Ms. Barlow specializes in raptors and water birds. Ms. Barlow is a member of
a group of Rehabilitators trying to obtain land, outside the residential subdivisions in agricultural or rural
areas. There are thirty-eight (38) Rehabilitators in the City.
Becky Cattani, 1725 Maitland Arch, Phone: 426-9874, spoke in support of the application. Ms. Cattani is
a voluntary Rehabilitator. There have never been any odors or loud noises at the Barlow residence.
Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of LISA BARLOW for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LISA BARLOW FOR A
CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(ANIMAL REHABILITATOR) R010634139
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Lisa Barlow for a Conditional Use
Permit for a home occupation (animal Rehabilitator) on property
located at 948 Morgan Trail (GPIN 14565617040000). DISTRICT 2
- KEMPSVILLE
The following conditions shall be required:
1. Provide a 6 '-0" high privacy fence along the perimeter of the rear
yard adjacent to neighbors on each side.
2. Position all cages and structures to meet zoning setback requirements.
3. Provide a 5'-0" wide organic mulch planting bed 4" - 6" in depth
along the seaward side of the activity and enhance with plantings.
4. Animal and bird cages shall be cleaned daily to minimize odors caused
by waste.
5. The use shall be administratively reviewed in one year.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of January, Two
Thousand Six
January 24,2006
- 38-
Item V-J.2.
PLANNING ITEM #54824 (Continued)
Voting: 6-2
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Peter W
Schmidt, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan and James L. Wood
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
- 39-
Item V-J.3.
PLANNING
ITEM #54825
Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council ADOPTED an
Ordinance upon application of PAMELA J. JOHNSON for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF PAMELA J. JOHNSON FOR
A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION
(DAYCARE) R010634140
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Pamela J. Johnson for a Conditional
Use Permit for a home occupation (daycare) on property located at
3005 Redbud Court (GPIN 14970393810000). DISTRICT 3 - ROSE
HALL
The following conditions shall be required:
1. The applicant shall complete any modifications to the structure deemed
necessary by the Permits and Inspections Division of the Planning
Department to meet current residential sound attenuation
requirements.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach. Virginia. on the Twenty-fourth of January. Two
Thousand Six
Voting:
8-0 (By Consent)
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer. Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt. Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf Richard A. Maddox and Jim Reeve
January 24, 2006
- 40-
Item V-J.4.
PLANNING
ITEM #54826
The following registered expressing concerns of Emmanuel Episcopal Church:
Reverend John A. Baldwin, Rector - Emmanuel Episcopal Church, advised of the five (5) most
significant historic resources in the proposed Historic Kempsville Overlay District, Emmanuel would be
the most affected. This has the potential to isolate the church behind sound walls and multi-story buildings,
on a parcel too small to meet their needs. A water line connecting Stumpy Lake with the City of Norfolk
(existing since the early 1900's) prevents any expansion to the west. This water line also bisects a key
piece of property slatedfor development. Reverend Baldwin urged the City move this waterline underneath
the new road. Reverend Baldwin's letter was distributed and is hereby made a part of the record.
Phillip A. Hakey, 601 Rosaer Lane, Phone: 424-3866, member of Emmanuel Episcopal Church
Joseph R. Mayes, 1733 Grey Friars Chase, Phone; 416-1152, Trustee - Emmanuel Episcopal Church
Martha B. Womble, 5286 West Valleyside Court, Phone: 424-7368, member of the Strategy Committee-
Emmanuel Episcopal Church. Mrs. Womble requested underground utilities be placed in the entire
Overlay District.
The City Manager advised when the City purchased Stumpy Lake, the water line was also purchased.
Upon motion by Councilman Diezel, seconded by Council Lady Wilson, City Council ADOPTED:
City Zoning Ordinance (CZO) re Historic Kempsville Master Plan:
a. ADD Article 20, Sections 2000 through 2004, establishing the
Overlay District, boundaries, use regulations and dimensional,
density, landscape and buffering requirements
b. AMEND and REORDAIN Section 102, re the establishment of
districts and official zoning maps
c. AMEND and REORDAIN Article 9, Sections 900 through 906,
re the legislative intent, use regulations, dimensional
requirements, landscape screening and buffering regulations,
height regulations, sign regulations, and off-street parking
regulations for the B-4K Mixed Use District
d. AMEND the Official Zoning Map by the designation and
incorporation of the Overlay District
e. AMEND the Comprehensive Plan to incorporate the Master Plan
January 24, 2006
- 41 -
Item V-J.4.
PLANNING ITEM #54826 (Continued)
Voting: 7-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Peter W
Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
None
Council Members Abstaining:
Reba S. McClanan
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
Council Lady McClanan ABSTAINED on this item (Historic Kempsville Master Plan) as she and her
husband are major property owners in this area. Council Lady McClanan has not participated in any
discussions relative this matter.
January 24, 2006
1 AN ORDINANCE TO ESTABLISH THE
2 HISTORIC KEMPSVILLE AREA OVERLAY
3 DISTRICT, DISTRICT BOUNDARIES, USE
4 REGULATIONS AND DIMENSIONAL,
5 DENSITY, AND LANDSCAPING
6 REQUIREMENTS
7
8 Sections Added: City Zoning Ordinance
9 Sections 2000, 2001, 2002, 2003 and 2004
10
11 WHEREAS, the public necessity, convenience, general welfare
12 and good zoning practice so require;
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
That the City Zoning Ordinance is hereby amended by the
16 addition of a new Article 20, consisting of Sections 2000, 2001,
17 2002, 2003 and 2004, pertaining to the Historic Kempsville Area
18 Overlay District, to read as follows:
19
20
21
22
ARTICLE 20. THE HISTORIC KEMPSVILLE AREA OVERLAY
DISTRICT
23 Sec. 2000. Findings; intent.
24 The City Council hereby finds that the Historic Kempsville
25 Area is not only one of the primary crossroads within the City,
26 but is also the location of the third courthouse in Princess
27 ~nne County, the site of a Revolutionary War skirmish, an early
28 cultural and economic hub wi thin the City, and is surrounded by
29 many stable and attractive residential communities. As such, its
30 appearance and revitalization is important to the physical and
31 economic vitality of the City. The purpose of the Historic
32 Kempsville Area Overlay District is to enhance the appearance of
33 the area encompassed by the District and to help restore its
34 vitality as an important and historic location within the City.
35
36 Sec. 2001. District boundaries.
37 The Historic Kempsville Area Overlay District boundaries
38 shall be as designated on the official zoning map of the city.
39
40 Sec. 2002. Application of regulations.
41 The designation of any property as lying within the
42 Historic Kempsville Area Overlay District shall be in addition
43 to, and not in lieu of, the underlying zoning district
44 classification of such property, such that any property situated
45 in the Historic Kempsville Area Overlay District shall also lie
46 within one or more of the zoning districts enumerated in Section
47 102 (a) of this ordinance. All such property shall be subject to
48 the requirements of this article as well as to all other
49 regulations applicable to it, and to the extent that any
50 provision of this article conflicts with any other ordinance or
51 regulation, the more restrictive provision shall control.
2
52 Sec. 2003. Use regulations.
53 (a) Principal uses. Subject to general requirements and to
54 the regulations of the underlying zoning district, all uses and
55 structures permitted as principal uses in the underlying zoning
56 district in which they are located shall be permitted as
57 principal uses within the Historic Kempsville Area Overlay
58 District, except as set forth in Section 901 of this Ordinance.
59 (b) Accessory uses. Subject to general requirements and to
60 the regulations of the underlying zoning district, all uses and
61 structures permitted as accessory uses in the underlying zoning
62 district in which they are located shall be permitted as
63 accessory uses within the Historic Kempsville Area Overlay
64 District.
65 (c) Condi tional uses. Subj ect to general requirements and
66 to the regulations of the underlying zoning district, all uses
67 and structures permitted as conditional uses in the underlying
68 zoning district in which they are located shall be permitted as
69 conditional uses within the Historic Kempsville Area Overlay
70 District, as well as the following uses and structures:
71 (1) Multiple-family dwellings in the B-4K (HK) Mixed
72
73
74
Use District;
(2) Attached dwellings in the B-4K (HK) Mixed Use
District;
3
75
(3) Commercial parking lots, parking garages and
76
storage garages located in the B-2 (HK) Community
77
Business or B-4K (HK) Mixed Use Districts.
78
(d) Additions
to
single-family
dwellings,
duplexes,
79 attached dwellings and multiple-family dwellings not increasing
80 the number of dwelling units in any such use shall be permitted
81 by right, provided that all other requirements of this ordinance
82 are met. Where setbacks or other dimensional requirements
83
pertaining to
such
additions
are
not
specified
in
the
84 regulations of the underlying zoning district, such requirements
85 shall be as specified in the B-4K (HK) Mixed Use Business
86 District.
87
88 Sec. 2004. Dimensional and other requirements; densi ty;
89 landscape screening and buffering.
90
91 Subject to the provisions of Section 2003 of this
92 ordinance, dimensional and other requirements for uses and
93 structures located within the Historic Kempsville Area Overlay
94 District shall be as specified in the underlying zoning
95 district; provided, however, that:
96
(a) The density of multiple-family dwellings shall not
97 exceed eighteen (18) units per acre or the maximum density
98 permitted by the regulations of the underlying zoning district,
99 whichever is the lesser, on a zoning lot.
4
100
101
102
103
104
105
106
107
108
109
110
111
112
113
(b) Where a zoning lot within the B-2 (HK) or B-4(HK)
district adjoins any district in which single-family dwellings,
duplexes, attached dwellings or multiple-family dwellings are
permitted as a conditional or principal use,
wi thout an
intervening street, alley or body of water over twenty-five (25)
feet in width, a fifteen-foot minimum yard shall be required
along all lot lines adjoining such district. Category IV
landscape screening shall be required, and no other uses or
structures shall be permitted, within the yard.
(c) The requirements within the B-4K (HK) Mixed Use
Business District for minimum lot area, width, yard spacing and
maximum lot coverage for residential dwellings and commercial
structures are set forth in Article 9 of this ordinance.
Adopted by the Council of the City of Virginia Beach,
114 Virginia, on the 24th day of January, 2006.
5
1
2
3
4
AN ORDINANCE ESTABLISHING
HISTORIC KEMPSVILLE AREA
DISTRICT AND THE HISTORIC
AREA OVERLAY DISTRICT
THE B-4K
MIXED USE
KEMPSVILLE
5
6
7
8
SECTION AMENDED: City Zoning Ordinance
~ 102
WHEREAS, the public necessity, convenience, general welfare
9 and good zoning practice so require;
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12
That Section 102 of the City Zoning Ordinance is hereby
13 amended and reordained, to read as follows:
14 Sec. 102. Establishment of districts and official zoning maps.
15 (a) In order to carry out the purposes and provisions of
16 this ordinance, the following districts are hereby established
17 and are hereby listed in order from most restrictive to least
18 restrictive:
19
(1) Preservation District. The Preservation District shall
20
consist of:
21
P-l Preservation District
22
(2) Agricultural Districts. The Agricultural Districts
23
shall consist of:
24
AG-l Agricultural District
25
AG-2 Agricultural District
26
(3) Residential Districts. Residential Districts shall
27
consist of:
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
R-40 Residential District
R-30 Residential District
R-20 Residential District
R-15 Residential District
R-I0 Residential District
R-7.5 Residential District
R-5D Residential District
R-5R Residential District
R-5S Residential District
R-2.5 Residential Townhouse District
(4) Apartment Districts. Apartment Districts shall consist
of:
A-12 Apartment District
A-18 Apartment District
A-24 Apartment District
A-36 Apartment District
(5 ) Hotel District. The Hotel District shall consist of:
H-l Hotel District
(6) Office Districts. The Office Districts shall consist
of:
0-1 Office District
0-2 Office District
(7) Business Districts. Business Districts shall consist
of:
2
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
B-1 Neighborhood Business District
B-1A Limited Community Business District
B-2 Community Business District
B-3 Central Business District
B-3A Pembroke Central Business Core District
B-4 Mixed Use District
B-4C Central Business Mixed Use District
B-4K Historic Kempsville Area Mixed Use District
(8) Industrial Districts. Industrial Districts shall
consist of:
1-1 Light Industrial District
1-2 Heavy Industrial District
(9) [Reserved]
(10) Planned Development Districts. The Planned Development
Districts shall consist of:
PD-H1 Planned Unit Development District
PD-H2 Planned Unit Development District
(11) Historic and Cultural District. The Historic and
Cultural District shall consist of:
Historic and Cultural District
(12) Resort Tourist Districts. The Resort Tourist Districts
shall consist of:
RT-4 Resort Tourist District
RT-3 Resort Tourist District
3
76
77
78
79
80
81
82
83
84
85
86
87
88
89
RT-2 Resort Tourist District
RT-1 Resort Tourist District
(a1) In ~ddition to the diotricto enumer~ted in ouboection
(~), there There is hereby established the Shore Drive Corridor
Overlay District. Such district shall be designated on the
official zoning map by the notation "(SD)" following the
designation
underlying
zoning
district.
of
the
As
an
illustration, property in the Shore Drive Corridor Overlay
District and in the B-4 Mixed Use District shall be designated
on the official zoning map as having the classification "B-
4(SD)."
(a2) In ~ddition to the diotricto enumer~ted in ouboection
(~), there There is hereby established, as an overlay district
within the RT-3 Resort Tourist District, the Laskin Road Gateway
90 Overlay District. Such district shall be designated on the
91 official zoning map as "RT-3 (LRG) ."
92 (a3) There is hereby established the Old Beach Overlay
93 District. Such district shall be designated on the official
94 zoning map by the notation "(OB)" following the designation of
95 the underlying zoning district. As an illustration, property in
96 the Old Beach Overlay District and in the R-5D Residential
97 Duplex District shall be designated on the official zoning map
98 as having the classification "R-5D(OB)."
4
99 ~ There is hereby established the Historic Kempsville
100 Area Overlay District. Such district shall be designated on the
101 official zoning map by the notation "(HK)" following the
102 designation of the underlying zoning district. As an
103 illustration, property in the Historic Kempsville Area Overlay
104 District and in the B-2 Community Business District shall be
105 designated on the official zoning map as having the
106 classification "B-2 (HK) . "
107 Adopted by the Council of the City of Virginia Beach,
108 Virginia, on the 24th day of January, 2006.
109
5
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2
3
4
5
6
7
8
9
10
11
12
13
14
AN ORDINANCE ESTABLISHING THE LEGISLATIVE
INTENT, USE REGULATIONS, DIMENSIONAL
REQUIREMENTS, LANSDSCAPE SCREENING AND
BUFDFERING REQUIREMENTS, HEIGHT REGULATIONS,
SIGN REGULATIONS AND OFF-STREET PARKING
REQUIREMENTS IN THE B-4K HISTORIC KEMPSVILLE
AREA MIXED USE DISTRICT
Sections
Sections
906
Amended:
900, 901,
City Zoning Ordinance
902, 903, 904, 905 and
WHEREAS, the public necessity, convenience, general welfare
15 and good zoning practice so require;
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
17 CITY OF VIRGINIA BEACH, VIRGINIA:
18
That Sections 900, 901, 902, 903, 904, 905 and 906 of the
19 City Zoning Ordinance is hereby amended and reordained to read
20 as follows:
21
22
23 ARTICLE 9. BUSINESS DISTRICTS
24
25 Sec. 900. Legislative intent.
26
27 The purpose of th2 B-1 Neighborhood Business District is to
28 provide areas where a limited range of business establishments
29 can be located near or adjacent to residential development
30 without adversely impacting the adj acent residential area. The
31 purpose of the B-1A Limited Community Business District is to
32 provide areas where limited commercial development can be
33 dispersed
to
support
the
needs
of
nearby
residential
34
neighborhoods.
The purpose of the B-2 Community Business
35 District is to provide land needed for community-wide business
36
establishments.
This
district
is
intended
for
general
37 application in the city. It is intended that, by the creation of
38 this district, business uses will be geographically
39 concentrated. The purpose of the B-3 Central Business District
40 is to set apart that portion of the city which forms the
41 metropolitan center for financial, commercial, professional and
42
cultural
activities,
including
business,
professional
and
43 cultural development in a manner that complements the B-3A
44 Pembroke Central Business Core District and the policies
45 identified in the City of Virginia Beach Comprehensive Plan. It
46 is intended that any uses likely to create friction with these
47 proposed types of activities will be discouraged. This district
48 is not intended for general application throughout the city. The
49 purpose of the B-3A Pembroke Central Business Core District is
50 to optimize development potential for a mixed-use, pedestrian-
51
52
oriented, urban acti vi ty center with mid- to
structures that contain numerous types of uses,
high-rise
including
53 business, retail, residential, cultural, educational and other
54 public and private uses. The B-3A district is intended to
55
comprise
publicly
accessible
community
open
space
areas,
56 generally reflective of the concepts identified in the city's
57 Comprehensive Plan and the Pembroke Central Business District
2
58 Master Plan. Requests for rezonings to the B-3A Pembroke Central
59 Business Core District shall be limited within the area bound by
60 Independence Boulevard, Jeanne Street, Constitution Drive and
61
the
Norfolk-Southern
Railroad
right-of-way.
As
to
those
62 buildings and structures rendered nonconforming by a rezoning to
63 B-3A, it is the intent of the City Council to encourage their
64 appropriate expansion or renovation by resolution, as set forth
65 in section 105, in order to effectuate the intent of this
66 section. This district lS not intended for general application
67 throughout the city. The purpose of the B-4 Mixed Use District
68 is to provide for retail and commercial service facilities and
69 residential uses in those areas of the city where a mixture of
70 such uses is desirable and recommended by the policies of the
71 Comprehensive Plan. The purpose of the B-4C Central Business
72 Mixed Use District is to provide an area that complements the B-
73 3A Pembroke Central Business Core District through quality mixed
74
use development at intensities and patterns that
support
75 multiple modes of transportation, higher residential densities,
76 and an integrated mix of residential and non-residential uses
77 within the same building or on the same lot. Requests for
78 rezonings to the B-4C Central Business Mixed Use District shall
79 be limited to the area surrounding the B-3A Pembroke Central
80 Business Core District and generally bounded by Thalia Creek on
81 the east, Interstate 264 on the south, Aragona Boulevard on the
3
82 west, and Jeanne Street and Broad Street on the north.
83
84
85
86
87
88
89
Development within the B-4C Central Business Mixed Use District
should adhere to the Comprehensive Plan's Mixed Use Development
Guidelines.
The purpose of the B-4K Historic Kempsville Area
Mixed Use District is to provide an area that complements the
adjoining residential neighborhoods through quality mixed use
development at intensities and patterns that support multiple
modes of transportation, higher residential densities, and an
82
west,
and Jeanne Street and Broad Street on the north.
83 Development wi thin the B-4C Central Business Mixed Use District
84 should adhere to the Comprehensive Plan's Mixed Use Development
85
Guidelines.
The purpose of the B-4K Historic Kempsville Area
86 Mixed Use District is to provide an area that complements the
87 adjoining residential neighborhoods through quality mixed use
88 development at intensities and patterns that support multiple
89 modes of transportation, higher residential densities, and an
90 integrated mix of residential and non-residential uses wi thin
91
the same building or on the same lot.
Rezonings to the B-4K
92 Historic Kempsville Area Mixed Use District shall be limited to
93 property within the area generally bounded by Kempsville Heights
94 and Kempsville Lake to the north, Cedar Run Canal to the south,
95 Kempsville Gardens and Kempsville Manor to the east, and Eastern
96
Branch of the Eli zabeth River to the west.
Development within
97 the B-4K Historic Kempsville Area Mixed Use District shall
98 conform to the Comprehensive Plan's Mixed Use Development
99 Guidelines and the Historic Kempsville Area Master Plan or, in
100
the event of a conflict,
shall conform to the Historic
101 Kempsville Area Master Plan.
102
103 Sec. 901. Use regulations.
104
105 (a) Principal and conditional uses. The following chart
106 lists those uses permitted within the B-1 through B-4 Business
4
107 Districts. Those uses and structures in the respective business
108 districts shall be permitted as either principal uses indicated
109 by a "P" or as conditional uses indicated by a "e." Uses and
110 structures indicated by an "X" shall be prohibited in the
111 respective districts. No uses or structures other than as
112 specified shall be permitted.
113
Use
Animal hospitals,
veterinary
establishments,
pounds, shelters,
commercial
kennels, provided
all animals shall
be kept in
soundproofed,
air-conditioned
buildings
Antennas,
building-mounted
Auditoriums,
assembly halls,
and union halls
Automobile repair
garages and small
engine repair
establishments,
provided that all
repair work shall
be performed
within a building
B-1
B-1A B-2 B-3 B-3A B-4
B-4C B-4K
P
P
P
P
P
P
P
P
X
P
P
P
X
X
P
P
X
e
X
P
P
P
P
P
X
e
X
e
X
X
X
X
5
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Automobile repair X X C C X C X X
establishments
dealing
exclusively in
minor repairs of
the type provided
at automobile
service stations
Automobile X X C C X C X X
service stations;
provided that,
where there is an
adjoining
residential or
apartment
district without
an intervening
street, alley or
permanent open
space over
twenty-five (25 )
feet in width and
where lots
separated by a
district boundary
have adjacent
front yards,
Category VI
screening shall
separate the
automobile
service station
use from the
adjacent
residential
district or
apartment
district and no
ground sign shall
be within fifty
(50) feet of the
residential
district or
apartment
district
6
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Bakeries, P P P P P P P P
confectioneries
and
.
delicatessens,
provided that
products prepared
or processed on
the premises
shall be sold
only at retail
and only on the
premises
Bed and breakfast X X X X X C X C
inns
Beverage X X p p X P P X
manufacturing
shops, which
shall not exceed
three thousand
(3,000) square
feet in floor
area
Bicycle and moped X X X X X C X X
rental
establishments
Bingo halls X X C X X C X X
-
Boat sales X X p X X p X X
-
Body piercing X X C X X X X X
establishments
Borrow pits X X C X X X X X
7
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Bulk storage X X C X X X X X
yards and
building
contractors
yards; provided
that no sale or
processing of
scrap, salvage or
secondhand
material shall be
permitted in such
yards; and,
provided further
that such storage
yards shall be
completely
enclosed except
for necessary
openings in
ingress and
egress by a fence
or wall not less
than six ( 6) feet
in height
Business and X C C C C C C X
vocational
schools which do
not involve the
operation of
woodwork shops,
machine shops or
other similar
facilities
Business studios, P P P P P P P P
offices and
clinics
8
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Car wash X X C C C C X X
facilities,
provided that:
(i) no water
produced by
activities on the
zoning lot shall
be permitted to
fall upon or
drain across
public streets or
sidewalks or
adjacent
properties; (ii)
a minimum of
three (3 ) off-
street parking
spaces for
automobiles shall
be provided for
each car wash
space within the
facility
Child care and C C p p p p p C
child care
education centers
Churches X C C C C C C C
-
Colleges and X C C C C C C X
universities,
public or private
Commercial X X P P P P P C
parking lots,
parking garages,
parking
structures and
storage garages
9
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Cormnercial X X C C P C P X
parking gar-ages
and storage
garages which
include car wash,
car rental or car
detailing
services when
wholly enclosed
within a parking
structure and
accessory thereto
Cormnercial X X C C C p C X
recreation
facilities other
than those of an
outdoor nature
Dormitories for X X X X X C X X
marine pilots
Drugstores, P P P P P P P P
beauty shops and
barbershops and
other similar
personal service
establishments;
provided that
drive-through
windows shall not
be allowed in the
B-4K District
Dwellings, X X X X P X P
Attached
Dwellings, Multi- X X X X C p C C
family
10
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Eating and X X X X P X P P
drinking
establishments
without drive-
through windows,
when not
freestanding and
incorporated
inside a mixed
use building,
except as
otherwise
specified in this
section
Eating and X X p p X p X X
drinking
establishments
with drive-
through windows,
except as
specified below
Eating and P P P P X P X X
drinking
establishments
without drive-
through windows,
except as
specified below
Eating and X X C C C C C C
drinking
establishments
where all three
of the following
occur:
l. Alcoholic
beverages are
served;
2. The
establishment is
located within
five hundred
(500) feet of a
residential or
apartment
district;
11
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
3. The
establishment
excludes persons
on the basis of
age during any
part of the day,
or provides
entertainment,
audible from an
adjoining
property.
Fiber-optics X C C C C X C X
transmission
facilities
Financial p p p p p p p p
institutions;
provided, that
drive-through
windows shall not
be allowed in the
B-4K District
Flea markets X X C C C C C X
-
Florists, gift p P P P P P P P
shops and
stationery stores
Funeral homes X P P P X P X X
-
Furniture repair X P P P X P X X
and upholstering,
repair services
for radio and
television and
household
appliances other
than those with
gasoline engines;
carpet and
linoleum laying;
tile setting,
sign shops and
other small
service
businesses
Greenhouses and X P P X X P X X
plant nurseries
12
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Grocery stores, C C P P X P X X
carry-out food
stores and
convenience
stores all being
both freestanding
and in a
structure with a
gross floor area
of less than five
thousand (5,000)
square feet
Grocery stores, X X p p C p C X
carry-out food
stores and
convenience
stores whether or
not freestanding,
but in a
structure of a
gross floor area
of not less than
five thousand
(5,000) square
feet
Grocery stores, P P P P C P C C
carry-out food
stores and
convenience
stores any of
which are not
freestanding but
in a structure
with a gross
floor area of
less than five
thousand (5,000)
square feet
Heliports and X X C C C C C X
helistops
Home occupations X X X X C C C C
13
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Housing for C C X X C C C C
seniors and
disabled persons
or handicapped,
including
convalescent or
nursing;
maternity homes;
child care
centers other
than covered
under permitted
principal uses
hereinabove,
provided that the
maximum height
shall not exceed
one hundred
sixty-five (165)
feet; provided,
however, that no
structure shall
exceed the height
limit established
by section 202(b)
regarding air
navigation
Hospitals and X X C C C C C X
sanitariums
Hotels and motels X X X P P P P X
14
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Hotels and motels X X X X X C X X
with increased
lodging unit
density and
height, provided
that the maximum
density shall be
one hundred
twenty (120)
lodging units per
acre, the minimum
lot area shall be
one (1 ) acre and
the maximum
height shall be
one hundred (100)
feet;
notwithstanding
the above, no
structure shall
exceed the height
limit established
by section 202(b)
regarding air
navigation
Laboratories and X X P P P P P P
establishments
for the
production and
repair of eye
glasses, hearing
aids and
prosthetic
devices
Laundry and dry P P P P P P P P
cleaning agencies
Liquor stores, P P P P P P P P
package only
Marinas, X X C C X C X X
commercial
Medical and P P P P P P P P
dental offices
and clinics
Medical X X P P P P P P
laboratories
15
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Mini-warehouses X C C C X C X X
-
Mobile home sales X X C X X X X X
-
Motor vehicle X X C C X C X X
sales and rental,
provided the
minimum lot size
is twenty
thousand (20,000)
square feet; and
provided further,
that truck and
trailer rentals
shall comply with
the provisions of
section 242.2
Motor vehicle X X X X P X P X
sales and rental,
provided such use
is wholly
enclosed within a
building, and
further provided
that no outdoor
use accessory to
or in conjunction
with the
principal use
shall be allowed
Museums and art C P P P P P P P
galleries
Newspaper X P P P P P P P
printing and
publishing, job
and commercial
printing
16
Use
Off-site parking
facilitiesL
subject to the
provisions of
subsection (c)
for ;:J.ny uoe
\dthin the B 3,
B 31\ or B 4C
Diotrioto m;:J.y be
permitted on ;:J.ny
zoning lot ~ithin
;:J.ny of thooe
three (3)
diotrioto,
pro7ided ;:J.ll of
the follo..dng
requiremento ;:J.re
met: (;:J.)
Structureo for
p;:J.rlcing
f;:J.cilitieo oh;:J.ll
conform to the
regul;:J.tiono of
the diotrict in
..;hich loo;:J.tedl
(b) Off oite
p;:J.rlcing
f;:J.oilitieo oh;:J.ll
be loo;:J.ted ~ithin
one thouo;:J.nd five
hundred (1,500)
feet from the uoe
they ;:J.re intended
to oerve, but in
no o;:J.oe oh;:J.ll ;:J.ny
ouch f;:J.cility be
loc;:J.ted oppooite
Virgini;:J. Be;:J.ch
Boulev;:J.rd ;:J.nd
Independence
Boulev;:J.rd unleoo
gr;:J.de oep;:J.r;:J.ted
pedeotri;:J.n ;:J.cceoo
io pro7ided: (0)
Off oite p;:J.rlcing
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
x
x
p
p
p
x
x
x
17
Use
otructurco
ocr:ing uoeo
',;i thin the B 3[\
Diotrict oh.:lll
not be oep.:lr.:lted
by Independence
Boule~.:lrdi (d) ~
written .:lgreement
.:loouring
continued
.J.v.J.il.J.bility of
the number of
op.J.ceo indic.J.ted
oh.:lll be dr.:l\;n
.:lnd executed, .J.nd
.:l certified copy
of ouch .J.greement
Dh.:lll be recorded
',;i th the clerk of
the court. Such
.J.greement oh.J.ll
otipul.J.te th.J.t,
if ouch op.:lce io
not m.:lint.:lined or
Dp.J.ce .:lccept.J.ble
to the pl.J.nning
director
oubotituted, the
UDe or ouch
portion of the
uoe .J.O io
deficient in
number of p.:lrking
op.:lceo oh.:lll be
diocontinued. The
.:lgreement oh.:lll
be oubject to the
.:lppro7.:ll of the
city .J.ttorney
B-1
B-1A B-2 B-3
18
B-3A B-4
B-4C
B-4K
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
Outdoor cafes P P P P P P P P
-
Outdoor plazas P P P P P P P P
-
Passenger X X C C C C C X
transportation
terminals
Passenger vessels X X C X X C X X
permitted by u.s.
Coast Guard
regulations to
carry more than
one hundred
forty-nine (149)
passengers and
used for
commercial
purposes
Personal service P P P P P P P P
establishments,
other than those
listed separately
Personal X C C C X C X X
watercraft
rentals
Private clubs, P P P P P P P P
lodges, social
centers,
eleemosynary
establishments
and athletic
clubs
Public buildings P P P P P P P P
and grounds
Public utilities P P P P P P P P
installations and
substations
provided storage
and maintenance
facilities shall
not be permitted;
and provided
further that
utilities
substations,
other than
19
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
individual
transformers,
shall be
surrounded by
Category IV
screening solid
except for
entrances and
exits; and
provided also,
transformer
vaults for
underground
utilities and the
like shall
require only
Category I
screening, solid
except for access
openings
Public utilities X X P P P P P P
offices
Public utility X X C C .X C X X
storage or
maintenance
installations
Radio and X C C C C C C X
television
broadcasting
stations and
line-of-sight
relay devices
Recreational and X C C C C C C X
amusement
facilities of an
outdoor nature,
which may be
partially or
temporarily
enclosed on a
seasonal basis
with approval of
city council;
provided that, in
the development
20
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
of such
properties,
safeguards are
provided to
preserve and
protect the
existing
character of
adjacent
properties,
except that
riding academies
and recreational
campgrounds shall
not be allowed as
a conditional use
or otherwise
Repair and sales P P P P P P P P
for radio and
television and
other household
appliances and
small business
machines
Retail X P P P P P P X
establishments,
other than those
listed
separately,
including the
incidental
manufacturing of
goods for sale
only at retail on
the premises;
retail sales and
display rooms and
lots, provided
that yards for
storage of new or
used building
materials or
yards for any
scrap or salvage
operations or for
21
B-1 B-1A B-2 B-3 B-3A B-4 B-4C B-4K
Use
storage or
display of any
scrap, salvage or
secondhand
building
materials or
automobile parts
shall not be
allowed, further
provided that
adult book stores
shall be
prohibited from
locating within
five hundred
(500) feet of any
apartment or
residential
district, single-
or multiple-
family dwelling,
church, park, or
school
Satellite X X C C C X C X
wagering facility
Specialty shops C P P P P P P P
-
Storage garages X X p p X p X X
-
Tattoo parlors X X C X X X X X
-
Wholesaling and X X P C X X X X
distribution
operations,
provided that
such operations
do not involve
the use of: (i)
more than two
thousand (2,000)
square feet of
floor area for
storage of wares
to be sold at
wholesale or to
be distributed,
or (ii) any
vehicle rated at
22
Use
more than one and
one-half (1 1/2)
tons, or (iii) a
total of more
than five (5)
delivery vehicles
B-1
B-1A B-2 B-3 B-3A B-4
B-4C B-4K
114
115 (a1) Outdoor cafes and outdoor plazas in the B-3A Pembroke
116 Central Business Core District.
117 (.:ll)Outdoor c.:lfeo .:lnd outdoor pl.:lz.:lo in the B 311 Pembroke
118 Centr.:ll Buoineoo Core Diotrict
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
(a) Notwithstanding any contrary provision of this
ordinance, outdoor cafes within the B-3A Pembroke
Central Business Core District shall not occupy
more than one thousand (1,000) square feet of
area outside of an enclosed building.
(b) Notwithstanding any contrary provision of this
subsection,
outdoor
within
B-3A
plazas
the
Pembroke Central Business Core District shall be
subject to the following criteria:
(1)
Outdoor plazas should be located at the
entrance
to maj or
other
buildings
and
appropriate
provide
safe,
areas
to
attracti ve and accessible public urban open
spaces for those who live, work and visit
the area. The size and configuration of
23
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
outdoor plazas and attendant amenities shall
be reviewed by the Planning Director to
ensure conformance with these and other
related objectives
as set forth
and Pembroke
in the
Central
Comprehensive
Plan
Business District Master Plan; and
(2) The architectural design shall conform to
the purpose and intent of the Central
Business District Master Plan.
(a2) Outdoor cafes and outdoor plazas in the B-4K Historic
Kempsville Area Mixed Use District.
(a) Notwithstanding any contrary provision, outdoor
cafes within the B-4K Historic Kempsville Area
Mixed Use District shall not occupy more than one
thousand (1,000) square feet of area outside of
an enclosed building.
(b) Notwithstanding any contrary provision, outdoor
plazas within the B-4K Historic Kempsville Area
Mixed Use District shall be subject to the
following criteria:
(1) Outdoor plazas should be located at the
entrance to
appropriate
major
areas
buildings and
to provide
other
safe,
attractive and accessible public urban open
24
158
spaces for those who live, work and visit
159
the area. The size and configuration of
160
outdoor plazas and attendant amenities shall
161
be reviewed by the Planning Director to
162
ensure conformance with these and other
163
related objectives as set forth in the
164
Comprehensive
Plan
and
the
Historic
165
Kempsville Area Master Plan; and
166
(2) The architectural design shall conform to
167
the purpose and intent of the Historic
168
Kempsville Area Master Plan.
169
170
(b) Accessory uses and structures. Uses and structures
171 which are customarily accessory and clearly incidental and
172 subordinate to the principal uses and structures, including, but
173 not limited to:
174
(1) An accessory activity operated for profit in a
175
residential dwelling unit where there is no change
176
in the outside appearance of the building or
177
premises
or
any
visible
or
audible
evidence
178
detectable from outside the building lot, either
179
permanently or intermittently, of the conduct of
180
such
business
except
for
one
non-illuminated
181
identification sign not more than one square foot in
25
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
area mounted flat against the residence; where no
traffic
is
generated,
including
traffic
by
commercial delivery vehicles, by such activity in
greater volumes than would normally be expected in
the neighborhood, and any need for parking generated
by the conduct of such activity is met off the
street and other than in a required front yard;
where the activity is conducted on the premises
which is the bona fide residence of the principal
practi tioner, and no person other than members of
the immediate family occupying such dwelling unit is
employed in the activity; where such activity is
conducted only in the principal structure on the
lot; where there are no sales to the general public
of products or merchandise from the home; and where
the acti vi ty is specifically designed or conducted
to permit no more than one patron, customer, or
pupil to b8 present on the premises at anyone time.
The
following
are
specifically
prohibited
as
accessory activities: Convalescent or nursing homes,
tourist homEs, massage or tattoo parlors, radio or
television repair shops,
similar establishments.
auto repair shops,
or
26
205
206
207
208
209
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
(c) Off-site parking facilities shall be permitted as
follows:
(1) B-3, B-3A and B-4C Districts.
Off-si te parking
facilities for any use within the B-3, B-3A or B-
4C Districts, shall be permitted on any zoning
lot, provided all of the following requirements
are met: (1) structures for parking facilities
shall conform to the regulations of the district
in which located; (2) off-site parking facilities
shall be located within one thousand,
five
hundred (1,500)
use they are
shall any such
feet
from the
intended to serve, but
in no case
facility
Boulevard
be located opposite Virginia
and Independence Boulevard
Beach
unless
grade-separated pedestrian access is provided;
(3) off-site parking structures serving uses
wi thin the B-3A District shall not be separated
by Independence Boulevard; and (4) a written
agreement assuring continued availability of the
number of spaces indicated shall be drawn and
executed, and a certified copy of such agreement
shall be recorded with the clerk of the court.
Such agreement shall stipulate that, if such
space is not maintained or space acceptable to
27
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
the planning director substituted, the use or
such portion of the use as is deficient in number
of parking spaces shall be discontinued. The
agreement shall be subject to the approval of the
city attorney.
(2 )
B-4K District.
Off-si te parking facilities for
any use within the B-4K District may be permitted
on any zoning lot wi thin the district, provided
all of the following requirements are met: (1)
structures for parking facilities shall conform
to the regulations of the district in which
located; (2) off-site parking facilities shall be
located within one thousand, five hundred (1,500)
feet from the use they are intended to serve, but
in no case shall any such facility be located
opposite Kempsville Road, Princess Anne Road, or
South Witchduck Road unless grade-separated
pedestrian access is provided; and (3) a written
agreement assuring continued availability of the
number of spaces indicated shall be drawn and
executed, and a certified copy of such agreement
shall be recorded with the clerk of the court.
Such agreement shall stipulate that, if such
space is not maintained or space acceptable to
28
253
the planning director substituted, the use or
254
such portion of the use as is deficient in number
255
of parking spaces shall be discontinued. The
256 agreement shall be subject to the approval of the
257 city attorney.
258
259 Sec. 902. Dimensional requirements.
260
261
262
263 (b) The following chart lists the requirements wi thin the
264 B-3A Pembroke Central Business Core District, aTrEl- B-4C Central
265 Business Mixed Use District, and B-4K Historic Kempsville Area
266 Mixed Use District
for minimum lot area, width, and yard
267 spacing for all uses and structures:
268 TABLE INSET:
269
(1) Minimum lot area in square
feet:
(2) Minimum lot width in feet:*
(3) Minimum setback from a street in
feet
(4) Maximum setback from a street in
feet. There shall be no maximum
setback from a street for
structures where the total floor
area consists of residential
use.
(5) Minimum side yard setback in
feet, unless otherwise
identified herein or a greater
setback is required by section
903
(6) Minimum rear yard setback in
feet, unless a greater setback
is required by section 903
29
B-3A
10,000
B-4C
10,000
B-4K
10,000
100
o
100
o
100
10
10
10
20
o
o
o
o
o
o
(7) Maximum density per acre of N /A 36 18
multifamily dwellings in the B-
4C District. Density shall be
determined based on the area of
the entire zoning lot, even if
such lot is partially occupied
by other principal uses or
conditional uses. For every
10,000 square feet of commercial
space in a given development
project, an additional dwelling
unit per acre beyond that
allowed by the maximum density
may be built.
(8) Maximum density of hotels and N/A 80 N/A
motels
270 *Where applicable, newly created corner lots must also adhere to
271
section
4.4 (c)
of
the
Subdivision
Ordinance,
requiring
272 additional lot width on certain o~ncr corner lots.
273
Except as otherwise provided herein, setbacks affecting
274 only the first floor of multistory buildings may be increased by
275 no more than twenty (20) feet in order to allow the creation of
276 covered passageways within the B-3AL aft€!: B-4C and B-4K
277 Districts. In addition, building setbacks adjacent to roadway
278 intersections may be increased to provide safe and reasonable
279 line-of-sight clearances.
280
(c) The following chart lists the requirements wi thin the
281 B-3 and B-4 Business Districts for minimum lot area, width, yard
282 spacing and maximum density for lodging uses and structure. For
283 hotels and motels (lodging units) :
284 TABLE INSET:
285
B-3 B-4
30
(1) Minimum lot area in square feet:
(2) Minimum lot width in feet:*
(3) Minimum front yard setback in feet:
(4) Minimum side yard setback in feet:
(5) Minimum side yard setback adjacent to a
street in feet:
(6) Minimum rear yard setback in feet:
(7) Maximum density for lodging units per
acre:
(8) For each dwelling unit contained in a
combination development, the number of
allowed lodging units shall be reduced by
two (2).
43,560 20,000
100 100
35 35
20 20
10 35
20 20
N/A 80
286
287 *Where applicable, newly created corner lots must also adhere to
288
Subdivision
Ordinance,
requiring
section
of
the
4.4(c)
289 additional lot width on certain corner lots.
290
291
(e) The following chart lists the requirements wi thin the
292 B-4 Mixed Use District and B-4K Historic Kempsville Area Mixed
293 Use District for minimum lot area, width, yard spacing, maximum
294 lot coverage and maximum density for multiple-family dwellings.
295 For multiple-family dwellings:
296
B-4 B-4K
-
(1 ) Minimum lot area in square feet: 40,000 40,000
(2 ) Minimum lot width in feet: 200 200
-
(3 ) Minimum front yard setback in feet:* 30 10
-
(4 ) Maximum front yard setback in feet:* 20
-
(5) Minimum side yard setback in feet: 8 0
-
( 6) Minimum rear yard setback in feet: 10 0
(7 ) Maximum lot coverage by buildings and
parking, excluding recreational buildings 75 75
and surfaces in percent:
31
(8) Maximum density in dwelling units per 36
18
acre:
297
298 *Where applicable, newly created corner lots must also adhere to
299
section
4.4 (c)
of
the
Subdivision
Ordinance,
requiring
300
additional lot width on certain corner lots.
301
302
303 Sec. 903. Landscape screening and buffering regulations.
304 For the B-1 through B-4 Commercial Districts, the following
305 landscape screening and buffering regulations shall apply:
306
(a) When a zoning lot within a B-1 or B-1A Business
307 District adjoins a residential, apartment or hotel district
308 without an intervening street, alley or body of water over
309 twenty-five (25) feet in width, a fifteen-foot minimum yard
310 shall be required along all lot lines adjoining the residential,
311 apartment or hotel district. Category I landscape screening
312 shall be required within the yard area. No other uses or
313 structures shall be permitted in such yards.
314
(b) When a zoning lot wi thin the B-2, B-3, B-3A, B-4 L.. e-r
315 B-4C or B-4K District adjoins a residential or apartment
316 district without an intervening street, alley or body of water
317 over twenty-five (25) feet in width, a fifteen-foot minimum yard
318 shall be required along all lot lines adjoining the residential
319 or apartment district. Category IV landscape screening shall be
32
"""']---
320 required within the yard area. No other uses or structures shall
321 be permitted in such yards.
322
(c) When a zoning lot within the B-2, B-3, B-3A, B-4, e-r
323 B-4C or B-4K District adjoins an 0-1 Office District without an
324 intervening street, alley or body of water over twenty-five (25)
325 feet in width, a ten-foot minimum yard shall be required along
326
all lot lines adjoining the office district.
Category I
327 landscape screening shall be required wi thin the yard area. No
328 other uses or structures shall be permitted in such yards.
329
330 Sec. 904. Height regulations.
331
332 (b) Where a zoning lot wi thin the B-2 Community Business
333 District, B-3 Central Business District, B-3A Pembroke Central
334 Business Core District, B-4 Mixed Use District.!.. e-r B-4C Central
335 Business Mixed Use District or B-4K Historic Kempsville Area
336 Mixed Use District adjoins the side or rear yard of a zoning lot
337 in a residential or apartment district without an intervening
338 street or alley over twenty-five (25) feet in width or a body of
339 water over fifty (50) feet in width, the following maximum
340 height regulations shall apply on that portion of the commercial
341 zoning lot within one hundred (100) feet of the adjoining
342 residential or apartment district. In cases where more than one
343 (1) of the following apply, the most restrictive shall apply.
33
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
(1) When adjacent to residential district, the maximum
height shall be thirty-five (35) feet.
(2) When adjacent to A-12 or A-18 Apartment Districts, the
maximum height shall be thirty-five (35) feet.
(3) When adjacent to A-24 Apartment District, the maximum
height shall be forty-five (45) feet.
(4) When adjacent to A-36 Apartment District, the maximum
height shall be one hundred twenty (120) feet.
(d) Except
specified in items
( c)
(a) , (b)
and
as
hereinabove, there shall be no maximum height regulations in the
B-2, B-3 and B-4 Districts. Wi thin the B-3A Pembroke Central
Business Core District, the minimum building height shall be
thirty-five (35) feet and the maximum building height shall be
four hundred (400) feet. In the B-4C Central Business Mixed Use
District, minimum building height shall be thirty-five (35) feet
and the maximum building height shall be two hundred (200) feet.
In the B-4K Historic Kempsville Area Mixed Use District, the
minimum building height shall be twenty-five (25) feet and the
maximum building height shall be fifty (50) feet.
Sec. 905. Sign regulations.
34
~___ _._n_
368 (f) Within the B-4K Historic Kempsville Area Mixed Use
369 District, signs shall be permitted as follows:
370 (1) For each foot of occupancy frontage an
371 establishment shall have no more than sixty one-
372 hundredths (.60) square feet of sign area. No
373 single establishment shall have more than four
374
375
376
377
378
379
380
381
382
383
384
385
386
387
388
389
390
(2)
(3 )
391
(4) signs, nor more than two (2) signs per
building facade, and no individual sign shall
exceed sixty (60) square feet in surface area.
Any establishment having less than forty (40)
feet of occupancy frontage may have one (1) sign
not exceeding twenty-four (24) square feet. No
such sign shall be allowed above the second story
of any building.
A sign identifying the entrance to upper-floor
residential dwelling units shall be permitted;
provided, that no such sign shall exceed eight
(8) square feet of surface area, and that the
number of signs shall be limited to one (1) sign
at street level at each principal entrance.
Commercial buildings shall have no more than two
(2) building identification signs, and no sign
shall have a surface area exceeding one hundred
fifty (150) square feet.
Such signs shall be
35
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
mounted on or above the third story
of the
building, but not above the roofline
of such
building, and only one (1) sign per
facade shall be allowed . Additionally,
building
two (2)
building
identification
signs,
not
exceeding
twenty (20) square feet each, shall be allowed at
street level if the building has a street level
entrance.
(4) Major Tenant Sign Option. For each foot of
building footage, a major tenant may have a
maximum of one and two-tenths (1.2) square feet
of sign area, provided that pedestrian scale
features and amenities such as outdoor cafe
seating,
planters,
kiosk
areas,
fountains,
display windows or sculptures are provided on the
facade or adjacent thereto. No major tenant
shall have a total of more than four (4) signs,
nor more than two (2) signs per building facade.
(5) All freestanding signs shall be approved by the
City Council, as consistent with the general
purpose and intent of the design provisions
presented in the Historic Kempsville Area Master
Plan and any applicable design standards approved
by the City Council.
36
;1-------
416
417
418
419
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
(6) Signs on building awnings shall not be included
in determining the number of building signs
permitted, or in determining permissible sign
area, if they meet the following criteria:
a. Such signs are uniform in font, color, size
and style;
b. Only the name of the establishment appears
on the awning;
c.
There is only one (1) sign per awning; and
Such are no larger than two (2) square feet.
d.
(7 )
Public or private parking structures and parking
garages may have
entrance and two (2)
one (1) sign per vehicle
additional signs. Such signs
shall have no more than seventy-five (75) square
feet of surface area and shall identify the
building on which they are located as a parking
structure or parking garage.
As used in this section:
(8 )
a.
"Occupancy
frontage"
means
the
exterior
length of
that portion
of a
building
single
one (1)
occupied exclusively
establishment having at
exterior public access;
by a
least
37
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
462
b.
d.
c.
"Building identification sign" means a sign
which displays only the name of the building
on which it is located;
"Major tenant" means the space in a building
occupied by a single establishment with a
building wall height of at least thirty-five
(35) feet and with at least one (1)
continuous wall containing at least eighty
(80) feet of building frontage; and
"Building frontage" means the
exterior
length of that portion
a
building
single
of
occupied
exclusively
by
a
establishment.
(9) For all other uses and structures, the following
sign regulations shall apply:
a. No sign located on or in any window or
located behind any window in such a manner
as to attract the attention of persons
b.
outside the establishment,
shall have a
surface
than
twenty
(20)
greater
area
percent of the surface area of such window,
not to exceed sixteen (16) square feet.
Signs containing or consisting of graphic or
pictorial representations shall be
38
463
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
c.
pe~mitted; provided, however, that the
combined surface area occupied by such
graphic or pictorial representations shall
not be more than twenty (20) percent of the
total sign allotment of an establishment or
four (4) square feet, whichever is less.
For each forty (40) feet of frontage and for
each eighty (80) feet of lot line adj oining
a street, but not constituting frontage, not
more than one (1) sign and not more than a
total of sixteen (16) square feet of surface
area
of
permitted;
signage
however,
shall
be
that no establishment
provided,
shall have more than two (2) signs of which
one (1) may be a freestanding sign; and
I2rovided
establishment
further
that
no
having a frontage of less than one hundred
(100) feet shall have a freestanding sign.
No freestanding sign shall exceed two (2)
faces, neither of which shall exceed thirty-
two (32) square feet of surface area, and no
sign of any other type shall exceed seventy-
fi ve (75) square feet of surface area. Any
establishment having less frontage or lot
39
487
488
489
490
line adjoining a street than is required
hereinabove may have one (1) sign not
exceeding sixteen (16) square feet of
surface area.
491 d. Sign regulations pertaining to multiple-family
492 dwellings shall be the same as those applying in the Apartment
493 Districts.
494
e.
Where there is an established neighborhood commercial
495 center containing at least five (5) establishments and at least
496 forty thousand (40,000) square feet of land area, there shall be
497 not more than one (1) center identification sign for each
498 principal entrance. No such sign shall have more than two (2)
499 faces, neither of which shall exceed thirty-two (32) square feet
500 of surface area. Such identification sign shall contain only the
501 name of the center. Al ternati vely, such signs may display the
502 names of tenants as well as the name of the center if (i) the
503 portion of a sign on which tenant names are displayed does not
504 exceed sixty (60) percent of the total sign area; (ii) the
505 portion of a sign on which tenant names are displayed is of a
506 uniform color; (iii) the top of the face of such sign does not
507 exceed eight (8) feet in height and the top of any decorative
508 cap on such sign does not exceed ten (10) feet in height; (iv)
509 such sign does not exceed twelve (12) feet in width; and (v) the
510 face of such sign is surrounded by a minimum of six (6) inches
40
511 of framework constructed of a material matching in color and
512 texture the primary exterior building material of the principal
513
514
structure in the center.
f. Signs advertising
property
for
sale,
lease
or
rent
515 shall be permitted; provided, however, that no such sign shall
516 exceed sixteen (16) square feet in surface area. Not more than
517 two (2) such signs shall be permitted for any property having
518 more than one hundred (100) feet of lot line at the street
519 right-of-way, and any property having less than one hundred
520 (100) feet of such lot line shall have no more than one (1) sign
521 not exceeding sixteen (16) square feet of surface area.
522 g. Beacon lights or search lights may be permitted for
523 purposes of advertisement of special events for a period not in
524 excess of forty-eight (48) hours.
525 h. To facilitate occupancy in a new neighborhood
526 commercial center containing at least forty thousand (40,000)
527 square feet of land area, there shall be not more than one (1)
528 temporary sign, which shall not exceed thirty-two (32) square
529 feet of surface area. Such sign shall be removed when seventy
530 (70) percent of the property is occupied or leased, or after a
531 period of twenty-four (24) months, whichever event first occurs.
532
533 Sec. 906. Off-street parking regulations.
41
534 Parking shall be required for all uses and structures
535 permitted in the B-1 through B-4€- Ccntr.::ll Buoincoo Hilrcd Doc B-
536 4K Historic Kemps~ill~.!\..E_ea Districts in accordance with section
537 203. For single-family attached (townhouse) developments, no
538 parking area on any lot shall exceed farther than twenty (20)
539 feet from the right-of-way line and no area within a garage, or
540 an enclosed or covered space shall be counted toward meeting
541 off-street parking requirements.
542 Adopted by the City Council of the City of Virginia Beach
543 on the 24th day of January, 2006.
42
1
2
3
4
5
AN ORDINANCE TO AMEND THE OFFICIAL
ZONING MAP BY THE DESIGATION AND
INCORPORATION OF THE HISTORIC
KEMPSVILLE AREA OVERLAY DISTRICT
6
WHEREAS, the public necessity, convenience, general welfare
7 and good zoning practice so require;
8 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
9 OF VIRGINIA BEACH, VIRGINIA:
10 That the official zoning map of the City of Virginia Beach be,
11 and hereby is, amended to designate and incorporate the Historic
12 Kempsville Area Overlay District, as shown on a series of sheets
13 marked and identified as such, and which have been displayed before
14 the City Council this date and are on file in the Department of
15 Planning.
16 Adopted by the Council of the City of Virginia Beach on this
17 24th day of January, 2006.
1
2
3
4
5
AN ORDINANCE
COMPREHENSIVE
INCORPORATION
KEMPSVILLE AREA
TO AMEND THE
PLAN BY THE
OF THE HISTORIC
MASTER PLAN
6 WHEREAS, on December 14, 2005, the Planning Commission held
7 a public hearing concerning the amendment of the Comprehensive
8
Plan
(the "Plan")
by the incorporation of the Historic
9 Kempsville Area Master Plan, and at the conclusion of such
10 public. hearing, recommended that the Plan be amended by the
11 incorporation of the said Historic Kempsville Area Master Plan
12 as an appendix to the Plan;
13
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
14 CITY OF VIRGINIA BEACH, VIRGINIA:
15
That the Comprehensive Plan be, and hereby is, amended and
16 reordained by the incorporation of the Historic Kempsville Area
17 Master Plan, dated January 24, 2006, as an appendix to the
18 Comprehensive Plan. A true copy of the said Historic Kempsville
19 Area Master Plan was exhibited to the Planning Commission on
20 December 14, 2005, and on this day to the City Council.
21
Adopted by the Council of the City of Virginia Beach,
22 Virginia, on the 24th day of January, 2006.
- 42-
Item V-M.I.
APPOINTMENTS
ITEM # 54827
BY CONSENSUS, City Council RESCHEDULED:
BEACHES and WATERWAYS COMMISSION
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA
January 24, 2006
- 43-
Item V-M.2
APPOINTMENTS
ITEM # 54828
Upon NOMINATION by Council Lady McClanan, City Council REAPPOINTED:
Ruby Christian
William J. Dale
George E. McGovern
3-year term
03/01/2006 - 02/28/2009
PERSONNEL BOARD
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
- 44-
Item V-M.2
APPOINTMENTS
ITEM # 54829
Upon NOMINATION by Council Lady McClanan, City Council APPOINTED:
Emmanuel Voces
3-year term
03/01/2006 - 02/28/2009
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James L. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24, 2006
- 45 -
Item V-M.3
APPOINTMENTS
ITEM # 54830
ADDED
Upon NOMINATION by Council Lady McClanan, City Council APPOINTED:
Jack Garrison, M.D.
5-year term
01/01/2006 - 08/31/2010
COMMUNITY MEDICAL ADVISORY COMMISSION
Voting: 8-0
Council Members Voting Aye:
Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S.
McClanan, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and
James 1. Wood
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf, Richard A. Maddox and Jim Reeve
January 24,2006
- 46-
Item V-O.
ADJOURNMENT
ITEM # 54831
Vice Mayor Louis R. Jones DECLARED the City Council Meeting ADJOURNED at 6:56 P.M.
C2J~__t2_7:~~L~_
Beverlyt7b. Hooks, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
Q:~~~
~dges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
January 24, 2006