SEPTEMBER 29, 1986
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City e>r Vi1~gi:t~ia E3eLlcl~
"WORLD'S LARGEST RESORT CITY"
:ITY COUNCIL
(AYUR ROBERT G. JONES, At LArge
'ICE .\.1A YOR MEYERA E. OBERNDORF, At LArge
.LBERT W BALKO, Lynnhaven &rough
)HN A. BAUM, Blackwatn &rough
'OBERT E. FENTRESS, Virginia Beach &rough
fAROLD HEISCHOBER, At LArge
'ARBARA M. HENLEY, Pungo &rough
,EBA S. McCLANAN, Princess Anne &rough
')HN D MOSS, KempsvIlle &rough
:ANCY K. PARKER, At LArge
)HN L. PERRY, BaYSlde &rough
'UTiI HODGES SMITH, CMC, City Clnk
CITY COUNCIL AGENDA
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9002
(804) 427-4303
September 29, 1986
VIRGINIA BEACH CITY COUNCIL
ITEM I.
INFORMAL SESSION: VIRGINIA BEACH CITY COUNCIL - Conference Room - l2:30PM
A. CALL TO ORDER - Mayor Robert G. Jones
B. ROLL CALL OF COUNCIL
C. CONCERNS OF CITY COUNCIL
D. CITY MANAGER'S INFORMAL BRIEFING
1. SPECIAL SESSION OF VIRGINIA GENERAL ASSEMBLY
Robert Matthias, Coordinator, Inter-Governmental Relations
E. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM II. FORMAL SESSION: VIRGINIA BEACH CITY COUNCIL
- Council Chambers - 2:00PM
A. INVOCATION: Reverend Donald Rossire
Kempsville Presbyterian Church
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. ADOPTION OF ITEMS FOR THE FORMAL AGENDA
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E. MINUTES
1 Approval of City Council Minutes:
a. INFORMAL & FORMAL SESSIONS, September 22. 1986
F. PUBLIC MEETING
1. PROPOSED CAPITAL IMPROVEMENT PROGRAM 1986-l99l
G. PUBLIC HEARING
1. PLANNING:
a. Ordinance for the discontinuance, closure and abandonment of Old
Providence Road in the petition of PROVIDENCE MENNONITE CHURCH
(Kempsville Borough).
DEFERRED from Council Meetings of August 5, 1985, October 28,
1985, June 23, 1986 and August 25, 1986.
Recommendation: APPROVAL
b. Application of ANTHONY G. IMPERIOLI for a Change of Zoning from
P-l Preservation District to AG-2 Agricultural District located
917 Prosperity Road, containing l.77 acres (Princess Anne
Borough). (Expedited from September 9, 1986, Planning
Commission.)
Recommendation: APPROVAL
c. Application of COX CABLE VIRGINIA BEACH, INC. for a Conditional
Use Permit for a line-of-sight microwave tower located 5200
Cleveland Street, containing 3.24 acres (Bayside Borough).
Recommendation: APPROVAL
d. Application of CONTEL CELLULAR OF NORFOLK, INC. for a Conditional
Use Permit_ for a .?50-foot self-supporting tower located 1556 Mill
Dam Road, containing 10,454 square feet (Lynnhaven Borough).
Recommendation: APPROVAL
e. Application of ELSIE M. JUDGE for a Variance to Section 4.4(b) of
the Subdivision Ordinance which requires lot dimensions contorm
to the Comprehensive Zoning Ordinance located at the southwest
intersection of Lauderdale Avenue and Morton Road (Bayside
Borough) .
Recommendation: DENIAL
f. Application of VIRGINIA BEACH PROPERTIES, INC. for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires -lot
dimensions conform to the Comprehensive Zoning Ordinance located
at the northwest intersection of Daniel Smith Lane and Lawrence
Drive (Bayside Borough).
Recommendation: DENIAL
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g. Ordinances to amend Comprehensive Zoning Ordinance:
1. Article 2, Section 212 pertaining to prohibited signs:
2. Article 2, Section 212.1 pertaining to illegal signs on
public property;
3. Article 2, Section 214 pertaining to signs (landscaping)
(Alternate 1 or Alternate 2);
4. Article 5, Section 504 pertaining to sign regulations in the
R-l Residential District;
5. Article 6, Section 604 pertaining to sign regulations in the
A-I Apartment District;
6. Article 7, Section 705 pertaining to sign regulations in the
H-l Hotel District;
7. Article 8, Section 804 pertaining to sign regulations in the
0-1 Office District;
8. Article 9, Section 904 pertaining to sign regulations in the
B-1 Business-Residential District;
9. Article 9, Section 914 pertaining to sign regulations in the
B-2 Community-Business District;
10. Article 9, Section 924 pertaining to sign regulations in the
B-3 Central Business District;
11. Article 10, Section 1004 pertaining to sign regulations in
the I-I Light-Industrial District;
DEFERRED from Council Meeting of September 15, 1986.
Recommendation: APPROVAL
H. ORDINANCES
1. Ordinance to AMEND the Code of the City of Virginia Beach, Virginia,
by adding Section 33-lll.l pertaining to the posting of signs
relating to applications for the vacation of any street or alley.
2. Ordinance to AMEND and REORDAIN the Confliet of Interests Ordinance
of the City of Virginia Beach thereby amending the provisions
concerning the scope, disclosures, disclosure reports, enforcement
and the Annual Report of Disclosure of Financial and Property
Interest.
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution to approve the amended Bylaws of the Virginia Beach
Community Development Corporation regarding the conflict of interest
provision contained therein.
2. Resolution authorizing structural alterations to nonconforming
structure at l507 Atlantic Avenue (McDonald's Restaurant).
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3. Ordinance to AMEND and REORDAIN Section 38-3 of the City Code of the
City of Virginia Beach, Virginia, pertaining to Discharge of
Firearms, Air Guns, etc.
4. Ordinance upon SECOND READING to accept and appropriate Grants of
$245,290 from State Aid to Public Libraries and $6,009 from Federal
Aid to Public Libraries.
5. Ordinance upon SECOND READING to accept and appropriate $50,000 for
gluing and furnishing a building for Pendleton Child Care Services.
6. Ordinance upon FIRST READING to accept and appropriate $59,000 from
the U.S. Department of Housing and Urban Development for the Rental
Rehabilitation Program.
7. Ordinance upon FIRST READING to accept an amended entitlement grant
from the U. S. Department of Housing and Urban Development and to
appropriate additional funds of $367,000 for the Community
Development Twelfth Program Year.
8.
Ordinance to transfer $lO, 000 from the General Fund
Contingencies to the Municipal Council Operating
membership to the State and Local Legal Center.
Reserve for
Budget for
9. Ordinance to transfer $20,800 from the Reserve for Contingencies to
the General Registrar's Operating Budget for purchase and shipment of
eleven (ll) vote counters.
10. Ordinance to authorize a temporary encroachment into a portion of the
right-of-way of Baker Road to Exxon Corporation, a New Jersey
Corporation, its assigns and successors in title.
11. Low Bid to McKenzie Construction Corporation in the amount of
$571, l77 for Resort Area Advisory Commissio.n Demonstration Proj ects
(CIP 3-962).
12. RAFFLE PERMITS:
a. Eastern Shore Chapel Episcopal Church
b. Virginia Beach Maritime Historical Museum
13. Ordinance authorizing license refunds in the amount of $2,68l.25.
J. APPOINTMENTS
1. VIRGINIA BEACH ARTS CENTER - Board of Trustee/Executive Committee
2. TIDEWATER TRANSPORTATION DISTRICT COMMISSION
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 29, 1986
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
September 29, 1986, at 12:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor,
Meyera E. Oberndorf and John L. Perry
Council Members Absent:
Nancy K. Parker
(ENTERED: 12:55 P.M.)
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MATTERS BY THE MAYOR
COMMUNITY SERVICES BOARD
ITEM # 26078
The Mayor referenced a call from Susan McKenry, an appointee to the Community
Services Board.
Susan McKenry requested City Council schedule a WORKSHOP to view a video-tape
and participate in a discussion of the Board's activities. It was suggested
City Council convene in the Conference Room on Friday, November 14, 1986, at
1 : 00 P.M. If other Boards and Commissions might wish to be added to this
Agenda, it was requested same advise so this might evolve into a JOINT WORK
SESSION.
TARGET AREAS
ITEM # 26079
Deputy City Manager Aubrey Watts requested SCHEDULING a tour of the TARGET
AREAS by City Council. The Tour could commence aproximatley 8:30 A.M. and
conclude at NOON with a small Buffet followed by discussions and then perhaps
evolve into presentation by the COMMUNITY SERVICES BOARD.
Council tentatively agreed on November Seventh rather than November Fourteenth.
The Mayor will confirm after conversing with Susan McKenry.
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CON C ERN S 0 F C I T Y C 0 U N C I L
PARKING LOT
ITEM # 26080
Councilman Moss expressed concern relative the parking lot at the end of this
building and further referenced relocating and expanding same for the benefit
of citizens visiting the Treasurer's Office. This subject had been previously
discussed. Councilman Moss wished further advice from City Staff.
OATH
ITEM # 26081
Councilman Balko referenced the possibility of requesting individuals to take
the OATH prior to speaking before City Council on individual matters.
Councilwoman Henley referenced the translation of all promises by the applicant
be inserted under the Conditions, so staff will know exactly what is expected
to be applied.
The City Attorney will investigate same and report to City Council.
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INFORMAL SESSION
PRESENTATION
SPECIAL SESSION OF VIRGINIA GENERAL ASSEMBLY
September 29, 1986
Aubrey Watts, Deputy City Manager, introduced Robert Matthias, Coordinator,
Inter-Governmental Relations, who advised of the Results of the 1986 SPECIAL
SESSION of the VIRGINIA GENERAL ASSEMBLY.
A summarized document was distributed to City Council (said document is hereby
made a part of the record). Robert Matthias advised the following:
INCREASE IN TAXES AND FEES:
Sale and Use Tax
-.5% (4.5% Total)
No discount to merchants on new tax
Revenue Raised
$207 MILLION
Vehicle Titling Tax - 1% (3% Total)
$35 Floor - No allowance for trade
Revenue Raised
$ 99 MILLION
Fuel Taxes
Revenue Raised
$.02 1/2
$.01
$.01 1/2
$.01 on first 100,000
gal.
$.01 1/4 above 100,000
gal.
$79 MILLION
Motor Fuel
Special Fuel (diesel)
Road differential
Aviation fuel
Vehicle License Fee - $3.00 ($25.00 Total)
Revenue Raised
$14 MILLION
INTEREST ON FUNDS
$ 22 MILLION
TOTAL REVENUE
$422 MILLION
The General Assembly created THE COMMONWEALTH TRANSPORTATION BOARD. Their
duties entail the same as the present Board but with the following additional
powers:
1. Administer, distribute and allocate funds in the
Transportation Trust Fund.
2. To engage a financial and investment advisor.
3. To establish a Transportation Trust Fund from
existing construction_ monies -- critical highway
construction project funds, and funds generated by
the Special Session.
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INFORMAL SESSION
PRESENTATION
SPECIAL SESSION OF VIRGINIA GENERAL ASSEMBLY
September 29, 1986
(Continued)
4. Fifteen percent (15%) of new funds to go to mass
transit (8.4%), seaports (4.2%), airports (2.4%).
5. Establish toll projects.
6. Issue revenue bonds (9D) up to $1 BILLION worth
approval of General Assembly - Transportation Trust
Fund Revenue Bonds.
Concerning the SOUTHEASTERN EXPRESSWAY, the City has requested the
TRANSPORTATION BOARD to begin the Toll Feasiblity Study. The City of
Chesapeake has also requested same. This study will include the environmental
impact statement. The General Assembly will be requested to authorize 9 C
Revenue Bonds which would require a 2/3 Vote.
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ITEM # 26082
Mayor Jones entertained a motion to permit City Council
EXECUTIVE SESSION pursuant to Section 2.1-344, Code
amended, for the following purposes:
to conduct its
of Virginia, as
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICITY 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
insti tution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consul ta tion with legal counselor briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon motion by Councilman Perry, seconded by Councilwoman Henley, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
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FOR MAL S E S S ION
VIRGINIA BEACH CITY COUNCIL
September 29, 1986
2:18 P.M.
Mayor Jones called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chambers, City Hall Building, on Monday, September 29,
1986, at 2:18 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
INVOCATION:
Reverend Donald Rossire
Kempsville Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
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APPROVAL OF ITEMS FOR THE FORMAL AGENDA
ITEM # 26083
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
Item II-D. 1
CONSENT AGENDA
ITEM # 26084
Councilman Moss referenced a Resolution to approve the amended Bylaws of the
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION regarding the Conflict of
Interest provision contained therein and an Ordinance to transfer $10,000 from
the General Fund Reserve for Contingencies to the Municipal Council Operating
Budget for membership to the State and Local Legal Center. (See Item 11-1.1
and 11-1.8 of the CONSENT AGENDA.
These items will be pulled for a separate vote.
Item II-D.2
CONSENT AGENDA
ITEM # 26085
Councilman Heischober referenced an Ordinance to AMEND and REORDAIN Section
38-3 of the City Code for the City of Virginia Beach, Virginia, pertaining to
Discharge of Firearms, Air Guns, etc. (See Item 11-1.3 of the CONSENT AGENDA).
This item will be pulled for a separate vote.
Item II-D.3.
CONSENT AGENDA
ITEM # 26086
Councilwoman Henley referenced RAFFLE PERMITS to be issued to Eastern Shore
Chapel Episcopal Church and the Virginia Beach Maritime Historical Museum. (See
Item 11-1.12 of the CONSENT AGENDA).
This item will be pulled to allow comments by Sam Houston, Sr.
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Item II-E.1.a
MINUTES
ITEM # 26087
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Fentress, City
Council APPROVED the INFORMAL & FORMAL SESSION of the City Council MINUTES of
September 22, 1986.
Voting: 11-0
Council Members Voting Aye:
Albert vI. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
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Item II-E. 1 . b
RECOGNITION
ITEM # 26088
Mayor Jones RECOGNIZED Students from NORFOLK STATE UNIVERSITY in attendance
for the City Council Meeting. These students were endeavoring to complete
their MASTERS DEGREES in Social Work.
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Item II-F.1.
PUBLIC MEETING
ITEM # 26089
The following spoke concerning the PROPOSED CAPITAL IMPROVEMENT PROGRAM Fiscal
Year 1986-87/1990-91:
The following gentlemen spoke concerning Project Number 2-800 LYNNHAVEN COLONY
DRAINAGE (ditch adjacent to Cape Henry Drive), Page 23, Storm Water Management
Section of the CIP:
Alexander Platt represented self and the Lynnhaven Colony Civic League
Captain L. K. Fenlon, Sr., President of the Lynnhaven Colony Civic League
Alfred J. Strazzullo, represented self and the Lynnhaven Colony Civic League
Rae H. LaSesne, President of the Council of Civic Organizations, expressed need
for additional Community Centers.
E. T. Buchanan, Jr., Ph.D., referenced Page 24 of the Capital Improvement
Program concerning Project 3-966 Tidewater Community College Site Improvements
Phase III.
Robert J. Searcy, represented the Lake Shore Civic League, and spoke concerning
the need for a Bayside Community Center.
Daniel McKay, resident of Kempsville, spoke concerning the Kempsville Public
Safety and Library Services Expansion, Project 3-910
Donald True blood, City Engineer, responded to Council's concerns and advised
the ditch adjacent to Cape Henry Drive was a Maintenance Problem. The pipes
that go underneath the roads are relatively small compared to the amount of
run-off that goes through there. The project contained within the CIP does not
necessarily include closing the ditch but rather improving the outfall pipes
under each road and providing an adequate outfall, as well as examining the
streets south of Cape Henry Drive and providing drainage outfall from those
streets into the Canal system to the south.
The Mayor advised a page will be added to the PROPOSED CAPITAL IMPROVEMENT
PROGRAM Fiscal Year 1986-87/1990-91 which will involve a Bayside Community
Center with REFERENDUM funding to be determined in 1988.
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Item II-G.
PUBLIC HEARING
ITEM # 26090
Mayor Jones DECLARED A PUBLIC HEARING:
PLANNING ITEMS
a. PROVIDENCE MENNONITE CHURCH STREET CLOSURE
b. ANTHONY G. IMPERIOLI CHANGE OF ZONING
c. COX CABLE VIRGINIA BEACH, INC. CONDITIONAL USE PERMIT
d. CONTEL CELLULAR OF NORFOLK, INC. CONDITIONAL USE PERMIT
e. ELSE M. JUDGE VARIANCE
f. VIRGINIA BEACH PROPERTIES, INC. VARIANCE
g. COMPREHENSIVE ZONING ORDINANCE AMENDMENTS/SIGNS
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Item II-G.1.a
PUBLIC HEARING
PLANNING
ITEM # 26091
The City Clerk advised of a telephone conversation with Attorney Robert Kinser
stating he would not be in attendance to represent the applicant as this
Ordinance was a FINAL APPROVAL and all conditions had been satisfied, thus
saving the Chruch the fee.
Upon motion by Councilman Moss, seconded by Councilman Balko, City Council
AUTHORIZED FINAL APPROVAL of an Ordinance upon application of PROVIDENCE
MENNONITE CHURCH closing, vacating and discontinuing a portion of OLD
PROVIDENCE ROAD.
Application of Providence Mennonite Church for the
discontinuance, closure and abandonment of a
portion of Old Providence Road beginning at the
western boundary of Gale Drive and running in a
westerly direction a distance of 300 feet more or
less. Said parcel contains 15,202 square feet.
Plats with more detailed information are available
in the Department of Planning.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
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;T. CREEKMORE, :1
GHT. JONES I,
'JD r: INSER i I
RNEiSATLAW ,
CEDAR ROAD II
'EAr;E, VA 23320
5479191 I
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ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING
A PORTION OF THAT CERTAIN STREET KNOWN AS THE INTER-
SECTION OF OLD PROVIDENCE ROAD AND PROVIDENCE ROAD
AS SHOWN UPON THAT CERTAIN PLAT ENTITLED "STREET CLOSURE
OF THE SOUTHEAST CORNER OF PROVIDENCE ROAD AND OLD
PROVIDENCE ROAD INTERSECTION HEREBY CONVEYED FROM THE
CITY OF VIRGINIA BEACH, VIRGINIA TO PROVIDENCE MENNONITE
CHURCH, KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINA",
WHICH PLAT IS RECORDED IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
IN MAP BOOK , AT PAGE
WHEREAS, it appearing by affidavit that property
notice has been given by Providence Mennonite Church, that it
would make application to the Council of the City of Virginia
Beach, Virginia, on
, 1985, to have the
hereinafter described street discontinued, closed, and vacated;
and
WHEREAS it is the judgment of the Council that said
street be discontinued, closed, and vacated;
NOW, THEREOFRE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be
discontinued, closed, and vacated:
ALL THAT certain lot, portion or parcel of land designated
as 0.349 acre as shown on that certain plat entitled
"Street Closure of the Southeast Corner of Providence Road
and Old Providence Road Intersection Hereby Conveyed From
the City of Virginia Beach, Virginia to Providence
Mennonite Church, Kempsville Borough, Virginia Beach,
Virginia", made by George W. Midgette, Jr., Land Surveyor,
Virginia and North Carolina, dated February 7, 1985, and
recorded in the Clerk's Office of the Circuit Court of the
City of Virginia Beach, Virginia in Map Book , at
page , and more particularly described as follows:
September 29, 1986
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IGHT, CREEKMORE, 'I
VRIGHT, JONES
AND KINSER I
rORNEYS AT LAW I
)2 CEDAR ROAD
;APFAKE, VA 23320
547-9191 I
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BEGINNING at a point located at the Northeast corner of the
Providence Mennonite Church property and the Northwest
corner of Lot 1, Block A, Chatham Hall, Phase 7, Sutton
Place; thence S. 83 degrees 04' 37" W. 163.28 feet to a
point, being the Northwest corner of the Providence
Mennonite Church; thence S. 82 degrees 54' 40" W. 13.93
feet to a point on a curve and on the southern right of way
of Old Providence Road; thence along the eastern right of
way of Old Providence Road around a curve to the left
having a radius of 95.00 feet and an arc distance of 79.29
feet to a point of tangent; thence continuing along Old
Providence Road N. 05 degrees 55' 04" E 17.00 feet to a
point; thence around a curve to the right having a radius
of 10.00 feet and an arc distance of 15.90 feet to a point
on the southern side of Providence Road; thence along the
southern side of Providence Road and along a curve to the
right having a radius of 2,188.29 feet an arc distance of
228.84 feet to a point; thence continuing along the
southern side of Providence Road S. 77 degrees 02' 17" E.
38.44 feet to a point; thence S. 02 degrees 40' 41" W.
18.78 feet to a point; thence N. 87 degrees 19' 19" W.
63.44 feet to a point; thence S. 84 degrees 25' 08" W.
74.16 feet to the point of beginning, said parcel
containing 15,210 square feet.
Said parcel of land being a portion of Old Providence Road and a
portion of Providence Road as indicated on that certain plat of
property to be vacated along existing Providence Road for
Providence Mennonite Church, which plat is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book
, and
, at page
which is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in
the Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of the City of Virginia Beach, as grantor.
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September 29, 1986
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Section III
(CITY ATTORNEY WILL FILL THIS SECTION IN AT A LATER DATE).
FINAL APPROVAL:
September 29, 1986
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SNIGHT, CREEKMORE, I'i
WRIGHT, JONES I
AND KINSER
ATTORNEYS AT LAW I
752 CEDAR ROAD I
IESIlf'EAKE, VA 23320
5479191 I,
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Item II-G.1.b
PUBLIC HEARING
PLANNING
ITEM # 26092
Donald Harris, a grower, represented the applicant
Charles Pitts, resident of Prosperity Road, registered in OPPOSITION and
presented a petition in OPPOSITION (said petition is hereby made a part of the
record). Mr. Pitts advised if certain voluntary conditions were met as Mr.
Harris had suggested to him; i.e., all greenhouses will be located in the
back, landscaping of property, and a fence surrounding same, the neighborhood
would be satisifed.
A MOTION was made by Councilwoman McClanan, seconded by Vice Mayor Oberndorf to
DENY an Ordinance upon application of ANTHONY G. IMPERIOLI for a Change of
Zoning from P-1 Preservation District to AG-2 Agricultural District located at
917 Proserity Road, containing 1.77 acres (Princess Anne Borough). Said MOTION
was WITHDRAWN.
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman McClanan, City
Council DEFERRED until the City Council Meeting of October 27, 1986 an
Ordinance upon application of ANTHONY G. IMPERIOLI for a Change of Zoning:
ORDINANCE UPON APPLICATION OF ANTHONY G. IMPERIOLI
FOR A CHANGE OF ZONING DISTRICT APPLICATION FROM
P-1 TO AG-2
Ordinance upon application of Anthony G. Imperioli
for a Change of Zoning District Classification from
P-1 Preservation District to AG-2 Agricultural
District on certain property located 130 feet south
of Prosperity Road beginning at a point 520 feet
more or less east of General Booth Boulevard. Said
parcel is located at 917 Prosperity Road and
contains 1.77 acres. PIa ts with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
This DEFERRAL will enable a
Pitts, and the applicants
surrounding neighborhood and
form.
Meeting between Councilwoman McClanan, Charles
to determine conditions satisfactory to the
said conditions to be presented in proper legal
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
II
- 15 -
Item II-G.1. c
PUBLIC HEARING
PLANNING
ITEM # 26093
Attorney R. J. Nutter represented the applicant and advised this microwave
tower would enable the applicant to serve customers in the southern 'half of
the City and enchance the strength of the signal to areas elsewhere in the
City.
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Moss, City Council
ADOPTED an Ordinance upon application of COX CABLE VIRGINIA BEACH, INC. for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF COX CABLE VIRGINIA
BEACH, INC. FOR A CONDITONAL USE PERMIT FOR A
LINE-OF-SIGHT MICROWAVE TOWER R0986977
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Cox Cable Virginia
Beach, Inc. for a Conditional Use Permit for a
line-of-sight microwave tower on certain property
located at the northeast corner of Cleveland Street
and Clearfied Avenue. Said parcel is located at
5200 Cleveland Street and contains 3.24 acres.
Plats with more detailed information are available
in the Department of Planning. BAYSIDE BOROUGH.
The followng conditions shall be required:
1.*A ~ 3-foot dedication is required along the
frontage of Cleveland Street, 30 feet from the
centerline of the old 60-foot right-of-way to
provide for an ultimate 66-foot right-of-way as per
the Master Stret and Highway Plan.
2. A 5-foot dedication is required along the frontage
of Clearfield Avenue, 30 feet from the centerline
of the old 50-foot right-of-way, to provide for a
60-foot right-of-way.
3. The old 100-foot tower shall be removed.
*This condition was incorrectly stated in the letter of transmittal from the
PLANNING COMMISSION and on the AGENDA REQUEST FORM.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
ninth day of September, Nineteen Hundred and Eighty-six.
II
I I i
- 16 -
Item II-G.1.c.
PUBLIC HEARING
PLANNING ITEM # 26093 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
~__L__L__ ~~ ~~oL
II
"I, ,I I
- 17 -
Item II-G.1.d.
PUBLIC HEARING
PLANNING
ITEM # 26094
Dale Woolsey, Manager of Construction for the applicant, advised the orginal
tower would still remain approximately four to seven days upon completion of
the new tower.
Upon motion by Councilman Balko, seconded by Vice Mayor Oberndorf, City Council
ADOPTED an Ordinance upon application of CONTEL CELLULAR OF NORFOLK, INC. for a
Condtional Use Permit:
ORDINANCE UPON APPLICATION OF CONTEL CELLULAR OF
NORFOLK, INC. FOR A CONDITIONAL USE PERMIT R0986978
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Contel Cellular of
Norfolk, Inc. for a Conditional Use Permit for a
~200-foot (AS AMENDED) self-supporting tower on
a portion of Lot 3, Allburger Place. Said parcel
is located at 1556 Mill Dam Road and contains
10,454 square feet. LYNNHAVEN BOROUGH.
The following conditons shall be required:
1. Ingress and egress to Mill Dam Road must be
provided.
2. Shrubbery and Landscaping shall surround the
facility, subject to site plan review.
3. The original tower shall be removed within a
reasonable lenght of time upon construction of the
new tower.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
ninth day of September, Nineteen Hundred and Eighty-six.
n___L__L___ ~n ~nnL
II
- 18 -
Item II-G.1.d.
PUBLIC HEARING
PLANNING ITEM # 26094 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Barbara M. Henley, Mayor Robert G. Jones, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Abstaining:
Harold Heischober
Council Members Absent:
None
II
I i I I
- 19 -
Item II-G.1.e
PUBLIC HEARING
PLANNING
ITEM # 26095
Bruce Galllup, a surveyor, represented the applicant
Elsie M. Judge, the applicant, also responded to Council's inquiries
OPPOSITION:
Howard and Betsy Hudgins, adjoining property owners, advised a 30-foot lot was
too small upon which to build.
A MOTION was made by Councilman Perry to DEFER for sixty (60) days an
application of ELSIE M. JUDGE for a Variance to Section 4.4(b) of the
Subdivison Ordinance which requires lot dimensions conform to the Comprehensive
Zoning Ordinance. This Motion was WITHDRAWN.
A MOTION was made by Councilman Perry, seconded by Councilman Heischober to
APPROVE the application of ELSIE M. JUDGE for a Variance to Section 4.4(b) of
the Subdivison Ordinance which requires lot dimensions conform to the
Comprehensive Zoning Ordinance located at the southwest intersection of
Lauderdale Avenue and Morton Road (Bayside Borough).
Voting:
5-5 (MOTION LOST TO A TIE VOTE)
Council Members Voting Aye:
Robert E. Fentress, Harold Heischober, Barbara M.
Henley, Reba S. McClanan and John L. Perry
Council Members Voting Nay:
Albert IV. Balko, Mayor Robert G. Jones, John D.
Moss, Vice Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Absent:
John A. Baum
II
"j il I
- 20 -
Item II-G.1.e
PUBLIC HEARING
PLANNING
ITEM # 26095 (Continued)
Upon motion by Councilman Fentress, seconded by Councilman Perry, City Council
will RECONSIDER at the City Council Meeting of October 6, 1986, an application
of ELSIE M. JUDGE for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires lot dimensions conform to the Comprehensive Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinanace, Subdivison for Elsie M. Judge. Parcel
is located at the southwest intersection of
Lauderdale Avenue and Morton Road. Plats with more
detailed information are available in the
Department of Planning. BAYSIDE BOROUGH.
Voting: 1 0-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
II
I I
- 21 -
Item II-G. 1 . e
PUBLIC HEARING
PLANNING
ITEM # 26096
Carl Kindred, the owner/aplicant, represented himself and distributed
information to City Council consisting of a similar subdivision which had been
subdi vided into five lots, and two letters. One letter was from the City
Manager dated October 10, 1983, conveying the recommendation of the Planning
Commission for APPROVAL for the NEWSOME FARMS ASSOCIATES' Variance and the
other from Alfred Foreman, President, Newsome Farm Civic League, dated August
29, 1986, stating the Civic League did not oppose the Variance. Said letters
are hereby made a part of the record.
C. W. Tyson, represented the NEWSOME FARM CIVIC LEAGUE and spoke in OPPOSITION.
Upon motion by Councilwoman Parker, seconded by Councilman Perry, City Council
DENIED an application of VIRGINIA BEACH PROPERTIES, INC. for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires lot dimensions
conform to the Comprehensive Zoning Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdi vision for Virginia Beach
Properties, Inc. Parcel is located the northwest
intersection of Daniel Smith Lane and Lawrence
Drive. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH. (NEWSOME FARMS TARGET AREA)
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, John
D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Harold Heischober
Council Members Absent:
John A. Baum
- 22 -
Item II-G.1.g.1/2/3/4/5/6/7/8/9/10/11
PUBLIC HEARING
PLANNING
ITEM # 26097
The following spoke in favor of said Amendments to the Comprehensive Zoning
Ordinance:
B. H. Bridges, represented the Virginia Beach Beautification Commission and
conveyed the recommendation of approval from E. T. Buchanan, Chairman of the
VIRGINIA BEACH TOMORROW STEERING COMMITTEE.
Betty Wells, Red Mill Farm Civic Association
Robert Vakos, President of the Hotel/Motel Association, spoke concerning the
landscape and height requirement of the signs and recommended a height limit
of eighteen-foot
Sandra J. Tainter, represented the Courthouse/Sandbridge Coalition of Civic
Leagues
B. Bruce Taylor, resident of the Lynnhaven Borough
Victoria Matheny, President of the Virginia Beach Beautification Commission
The following spoke in OPPOSITION to the Sign Ordinance:
Stan Stallings, Principal with Cardinal Sign Company
The City Clerk referenced letter from Daniel J. Arris, Chairman of the Hampton
Roads Chamber of Commerce, in support of the proposed sign ordinances.
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council APPROVED ALTERNATE 1 of Article 2, Section 214 pertaining to. signs
(landscaping)
ALTERNATE 1 referenced:
"No free-standing sign shall exceed twelve (12)
feet in height from ground level."
ALTERNATE 2 referenced:
"No free-standing sign shall exceed fifteen (15)
feet in height from ground level and the lowest
portion of the face of any sign mounted on poles
or other standards shall be no less than eight
(8) feet in height from ground level."
II
,I I
- 23 -
Item II-G.1.g.1/2/3/4/5/6/7/8/9/10/11
PUBLIC HEARING
PLANNING ITEM # 26097 (Continued)
Voting: 8-2
Council Members Voting Aye:
Albert W. Balko, Harold Heischober, Barbara M.
Henley, Mayor Robert G. Jones, Reba S. McClanan, John
D. Moss, Vice Mayor Meyera E. Oberndorf and Nancy K.
Parker
Council Members Voting Nay:
Robert E. Fentress and John L. Perry
Council Members Absent:
John A. Baum
, I i I I
- 23a -
ALTERNATE 1
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 214 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO CERTAIN SIGNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 214 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to certain
signs, is hereby amended and reordained to read as follows:
Section 214. HeightL afta setback and landscaping.
(a) No ~re~fta free-standing sign eree~ea-eft-i~s-ewft
s~r~e~~re shall exceed ~weft~y-re~r-t24t twelve (12) feet in
height from ground level~;-~reviaea,-fiewever,-a-variaftee-ifi
fiei~fi~-may-he-a!!ewea-hy-~fie-~eftift~-heara-er-a~~ea!s-ir-i~-eafi-he
sfiewft-~e-~fie-heara-~fia~-exeessive-~raaes,-h~i!aift~-ift~errereftee,
hria~e-ehs~r~e~ieft,-afta-~fie-!ike-exis~,-~fieft-~fie-fiei~fi~-may-he
ifiereasea-~e-a-maximHm-er-rer~y-t4et-ree~.
(b) No ~re~fta free-standing sign, except billboards,
eree~ea-efi-i~s-ewft-s~r~e~~re shall be set back less than seven
(7) feet from any existing public right-of-way. The minimum sign
setback from interstate roadways, and expressways designated by
the city council, shall be one hundred (100) feet.
(c) There shall be a minimum of seventy-five (75) square
feet of landscaped area around any free-standing sign, which area
may include landscaping required by section SA of the Site Plan
Ordinance. All such landscaping shall be maintained in good
condition at all times by the owner, lessee or occupant of the
premises upon which such sign is located.
Adopted this 29th day of September
of the City of Virginia Beach, Virginia.
, 1986, by the Council
WMM/dga
214CZO.Ord
8/14/86
8/15/86
- 24 -
Item II-G.1.g.1/2/3/4/5/6/7/8/9/10/11
PUBLIC HEARING
PLANNING
ITEM # 26097 (Continued)
Upon motion by Councilwoman McClanan, seconded by Vice Mayor Oberndorf, City
Council ADOPTED Ordinances to amend the Comprehensive Zoning Ordinance:
Article 2, Section 212 pertaining to
prohibited signs;
Article 2, Section 212.1 pertaining to
illegal signs on public property;
Article 2, Section 214 pertaining to
signs (landscaping) (Alternate 1 with
12-foot height limitations)
Article 5, Section 504 pertaining to sign
regulations in the R-1 Residential
District;
Article 6, Section 604 pertaining to sign
regulations in the A-1 Apartment
District;
Article 7, Section 705 pertaining to sign
regulations in the H-1 Hotel District;
Article 8, Section 804 pertaining to sign
regulations in the 0-1 Office District;
Article 9, Section 904 pertaining to sign
regulations in the B-1 Business-
Residential District;
Article 9, Section 914 pertaining to sign
regulations in the B-2 Community-Business
District;
Article 9, Section 924 pertaining to sign
regulations in the B-3 Central Business
District;
Article 10, Section 1004 pertaining to
sign regulations in the 1-1 Light-
Industrial District;
II
,I I I
- 25 -
Item II-G.1.g.1/2/3/4/5/6/7/8/9/10/11
PUBLIC HEARING
PLANNING ITEM # 26097 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
i I I
- 25a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 212 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO PROHIBITED SIGNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 212 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to prohibited
signs, is hereby amended and reordained to read as follows:
Section 212. Signs prohibited in all districts.
The following signs shall be prohibited in all districts:
(a) Signs which imitate an official traffic sign or signal
or which contain the words "stop," "go slow," "caution,"
"danger," "warning," or similar words, except [as] provided in
section 211 (d) .
(b) Signs which are of a size, location, movement, content,
coloring, or manner of illumination which may be confused with or
construed as a traffic-control device or which hide from view any
traffic or street sign or signal or which obstruct the view in
any direction at a street or road intersection.
(c) Signs in any public right-of-way, except as provided in
section 211(a). Signs projecting over public property shall be
permitted in accordance with the building code, only where "0"
setbacks are allowed.
(d) Signs which advertise an activity, business, product,
or service no longer produced or conducted on the premises upon
which the sign is located. Where the owner or lessor of the
premises is seeking a new tenant, such signs may remain in place
for not more than ninety (90) days from the date of vacancy.
(e) Signs which contain or consist of pennants, ribbons,
streamers, spinners, strings of light bulbs, or other similar
moving devices. These devices, when not part of any sign, are
similarly prohibited.
September 29, 1986
Iii I
- 25b -
(f) Signs which are pasted or attached to utility poles,
trees, or fences, or in an unauthorized manner to walls or other
signs.
(g) Signs advertising activities which are illegal under
federal, state or city laws or regulations.
(h) Any sign displayed on an automobile, truck, or other
motorized vehicle when that vehicle is used primarily for the
purpose of such advertising display.
(i) All portable or nonstructural signs. For purposes of
this ordinance, a sign shall be considered as nonstructural if it
has no permanently mounted, self-supporting structure or is not
an integral part of a building to which it is accessory.
(j) Signs oriented toward the Atlantic Ocean and Chesapeake
Bay beaches except for one sign per zoning lot to identify the
principal use located on that zoning lot. Such sign, which may
be illuminated, shall not have a total surface area in excess of
twenty (20) square feet.
(k) Signs projecting above the roof line of a flat roof or
to a height greater than three-fourths (3/4) of the vertical
distance between the eaves line and ridge line of any other type
of roof; provided, however, that signs mounted on parapet walls
may extend to a height equal to, but no greater than, the height
of the parapet wall.
Adopted this 29th day of September
of the City of Virginia Beach, Virginia.
, 1986, by the Council
WMM/dga
212CZO.Ord
8/13/86
9/9/86
2
I II
- 25c -
AN ORDINANCE ENACTING SECTION 212.1
OF THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO ILLEGAL SIGNS ON PUBLIC
PROPERTY
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 212.1 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to illegal signs
on public property, is hereby enacted to read as follows:
Section 212.1. Removal of prohibited signs in public places.
The zoning administrator shall have the authority to remove
and discard any sign determined by him to be in violation of the
preceding section and to be located upon public property. Such
authority shall be in addition to the authority conferred upon
the zoning administrator by section 103 of the Comprehensive
Zoning Ordinance of the City of Virginia Beach or bv general law.
Adopted this 29th . day of September
of the City of Virginia Beach, Virginia.
, 1986, by the Council
WMM/dga
2121CZO.Ord
8/14/86
8/15/86
I I I
- 25d -
ALTERNATE 1
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 214 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO CERTAIN SIGNS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 214 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to certain
signs, is hereby amended and reordained to read as follows:
section 214. Height.L a!'\d setback and landscapi:.ng.
(a) No ~rel::l!'\d free-standing sign eree~ed-'e!'\-~~s-ew!'\
s~rl::le~l::lre shall exceed ~we!'\~y-fel::lr-t~4ttwelve (12) feet in
height from ground level.7-~rev~ded,-hewever,-a-var~a!'\ee-~!'\
he~~h~-may-~e-a%%ewed-~y-~he-~e!'\~!'\~-~eard-ef-a~~ea%s-~f-~~-ea!'\-~e
shew!'\-~e-~he-~eard-~ha~-exeess~ve-~rades,-~l::l~%d~!'\~-~!'\~erfere!'\ee,
~r~d~e-e~s~rl::le~~e!'\,-a!'\d-~he-%~ke-ex~s~,-~he!'\-~he-he~~h~-may-~e
~!'\ereased-~e-a-max~ml::lm-ef-fer~y-t49t-fee~.
(b) No ~rel::l!'\d free-standing sign, except billboards,
eree~ed-e!'\-i~s-ew!'\-s~rl::le~l::lre shall be set back less than seven
(7) feet from any existing public right-of-way. The minimum sign
setback from interstate roadways, and expressways designated by
the city council, shall be one hundred (100) feet.
(c) There shall be a minimum of seventy-five (75) square
feet of landscaped area around any free-standing sign, which area
may include landscaping required by section 5A of the Site Plan
Ordinance. All such landscaping shall be maintained in good
condition at all times by the owner, lessee or occupant of the
premises upon which such sign is located.
Adopted this 29th day of September
of the City of Virginia Beach, Virginia.
, 1986, by the Council
WMM/dga
214CZO.Ord
8/14/86
8/15/86
, I,
- 25e -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 504 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE R-1
RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 504 of the Comprehensive Zoning Ordinance of
the City
of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 504. Sign regulations.
In an R-1 Residential District, signs shall be permitted as
follows:
(a) For subdivisions fte~-~e-exeeea there shall be permitted
one identification sign not more than thirty-two (32) square feet
in area for each principal entrance or frontage of any use.
(b) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed eight
(8) square feet in area and that not more than two (2) such signs
shall be erected for each lot. Any property having less frontage
or lot line adjoining a street may have one sign not exceeding
four (4) square feet of surface area.
(c) In the case of new subdivisions, one sign not exceeding
~ft~ee-ftHfta~ea--f3ee+ one hundred fifty (150) square feet may be
erected at each principal entrance or frontage to facilitate
initial sales.
Any such ~ign must be removed when seventy (70)
percent of the property has been sold or leased, or after a
period of twenty-four (24) months, whichever comes first.
Adopted this 29th day of September , 1986, by the Council
of the City of Virginia Beach, Virginia.
WMM/dga
504CZO.Ord
8/14/86
8/15/86
II
I I, I I
- 25f -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 604 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE A-1
APARTMENT DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 604 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 604. Sign regulations.
Within an A-1 Apartment District sign regulations for
multiple-family dwellings shall be the same as specified in
residential districts.
In the case of new multiple-family dwellings one sign not
exceeding ehree-h~ftarea-t3ee7 one hundred fifty (150) square feet
in area may be erected at each principal entrance or frontage to
facilitate occupancy. Any such sign must be removed when seventy
(70) percent of the property is occupied, or leased, or after a
period of twenty-four (24) months, whichever comes first. All
other uses shall have the same sign allotment as the district
where the use is first permitted as a principal use.
Adopted this ~ day of September
of the City of Virginia Beach, Virginia.
, 1986, by the Council
WMM/dga
504CZO.Ord
8/14/86
8/15/86
- 25g -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 705 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE H-1
HOTEL DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 705 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 705. Sign regulations.
(a) Within the H-1 Hotel District the same regulations as
apply ~erm~~~ea in the R-1 Residential District and the A-1
Apartment District shall apply and in addition:
(1) For each twenty (20) feet of principal frontage
adjacent to a street and for each forty (40) feet of lot line
adjoining a street, but not constituting frontage, not more than
one sign and not more than forty (40) square feet of surface
area; provided, however, that no establishment may have more than
four (4) signs of which one may be a free-standing sign. No
free-standing sign shall exceed two (2) faces, neither of which
shall exceed ene-h~narea-~wen~y-~~Ye-t~~5t seventy-five (75)
square feet of surface area., and no sign of any other type shall
exceed one hundred fifty (150) square feet of surface area. Any
establishment or property having less frontage or lot line
adjoining a street than required above may have one sign not
exceeding thirty (30) square feet of surface area.
(2) Signs advertising property for sale, lease or rent,
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than two (2)
such signs shall be erected for each one hundred (100) feet of
lot line at the street right-of-way, and that not more than four
(4) such signs shall be erected on any property. Any property
September 29, 1986
,I I
- 25h -
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
(b) All other uses shall have sign regulations as specified
in the district where the use is first permitted as a principal
use.
Adopted this 29th day of
September
, 1986, by the Council
of the City of Virginia Beach, Virginia.
WMM/dga
705CZO.Ord
8/14/86
8/15/86
2
"I, I
- 25i -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 804 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE 0-1
OFFICE DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 804 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
section 804. Sign regulations.
Within the 0-1 Office District the following sign
regulations shall apply:
(a) For each forty (40) feet of principal frontage adjacent
to a street and for each eighty (80) feet of lot line adjoining a
street, but not constituting frontage, not more than one sign and
not more than thirty-two (32) square feet of surface area shall
be permitted; provided, however, that no establishment may have
more than two (2) signs of which one may be a free-standing sign.
No free-standing sign shall exceed two (2) faces, neither of
which shall exceed seventy-five (75) square feet of surface
area~, and no sign of any other type shall exceed one hundred
fifty (150) square feet of surface area. Any establishment or
property having less frontage or lot line adjoining a street than
required above may have one sign not exceeding thirty-two (32)
square feet.
(b) Where there is an established office or institutional
park containing five (5) or more establishments and a minimum of
s~xey-efieHsaaa-t68,888t forty thousand (40,000) square feet of
land area, there shall be permitted one center identification
sign for each principal entrance not exceeding two (2) faces,
neither of which shall exceed one hundred (100) square feet of
surface area. Where there is an established office or
institutional park containing at least ten (10) establishments
September 29, 1986
, I, I I
- 25j -
and a minimum of fifteen (15) acres of land, there shall be
permitted one center identification sign for each principal
entrance not exceeding two (2) faces, neither of which shall
exceed ~we-ft~ftarea-t~88t one hundred fifty (150) square feet of
surface area.
Wftere--~ftere-~8-aft-e8~a~%~8ftea-re~~efta%-e~~~ee-er
~ft8~~~~~~efta%-~ark-eeft~a~ft~ft~-~~~~eeft-t~5t-er-mere-e8~a~%~8ftmeft~8
afta-~ft~r~y-t38t-aere8-e~-%afta7-efte-eeft~er-~aeft~~~~ea~~eft-8~~ft-~er
eaeft-~r~fte~~a%-eft~raftee-er-~reft~a~e-fte~-exeeea~ft~r-~we--t~t-~aee87
fte~~fter-e~--wft~eft-8fta%%-exeeea-~ftree-ft~ftarea-t38Elt-8~~are-~ee~-e~
8~r~aee-area.
(c) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than two (2)
such signs shall be erected for each one hundred (100) feet of
lot line at the street right-of-way, and that not more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
Adopted this 2~ day of September
of the City of Virginia Beach, Virginia.
, 1986, by the Council
WMM/dga
804CZO.Ord
8/15/86
-2-
SeDtember 2g. 199A
I i I i
- 25k -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 904 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE B-1
BUSINESS-RESIDENTIAL DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That section 904 of the Comprehensive Zoning Ordinance of
the City
of virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 904. Sign regulations.
In the B-1 Business-Residential District Signs shall be
permitted as follows:
(a) For each forty (40) feet of principal frontage adjacent
to a street and for each eighty (80) feet of lot line adjoining a
street, but not constituting frontage, not more than one sign and
not more than thirty-two (32) square feet of surface area;
provided, however, that no establishment may have more than ie~~
t4t three (3) signs of which one may be a free-standing sign. No
free-standing sign shall exceed two (2) faces, neither of which
shall exceed seventy-five square feet of surface area~, and no
sign of any other type shall exceed one hundred fifty (150)
square feet of surface area.
Any establishment or property
having less frontage or lot line adjoining a street than required
above may have one sign not exceeding thirty-two (32) square
feet.
(b) In connection with multiple-family dwellings, the sign
regulations applicable to the A-I Apartment District shall apply.
(c) Where there is an established neighborhood commercial
center containing five (5) or more establishments and a minimum
of s~xey-eke~saaa-t6e7eeet forty thousand (40,000) square feet of
land area, one center identification sign for each principal
entrance not exceeding two (2) faces, neither of which shall
September 29, 1986
I I I i
- 251 -
exceed one hundred (100) square feet of surface area. Such
identification sign shall specify only the name of the center.
(d) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than two (2)
such signs shall be erected for each one hundred (100) feet of
lot line at the street right-of-way, and that not more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding sixteen (16) square feet of surface area.
(e) Beacon lights or search lights may be permitted for
advertising purposes for special events.
(f) To facilitate occupancy in ~fte ~ new neighborhood
shopping center containing a minimum of s~x~y-~fteHsafta-f6e7eeet
forty thousand (40,000) square feet of land area, one temporary
sign may be erected not to exceed one hundred (100) square feet
of surface area. Such ~ign shall be removed when seventy (70)
percent of the property is occupied or leased, or after a period
of twenty-four (24) months, whichever comes first.
Adopted this 2.9..tb.- day of Spptpmhpr
of the City of Virginia Beach, Virginia.
, 1986, by the Council
WMM/dga
904CZO.Ord
8/14/86
8/15/86
2
I I, I I
- 25m -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 914 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE B-2
COMMUNITY BUSINESS DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 914 of the Comprehensive zoning Ordinance of
the City
of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
section 914. Sign regulations.
In the B-2 Community Business District
the following
regulations shall apply:
(a) For each forty (40) feet of principal frontage adjacent
to a street and for each eighty (80) feet of lot line adjoining a
street, but not constituting frontage, not more than one sign and
not more than sixty (60) square feet of surface area; provided,
however, that no establishment may have more than ~~ve-t5t three
111 signs of which one may be a free-standing sign.
No free-
standing sign shall exceed two (2) faces, neither of which shall
exceed eae-ft~fta~ea--eweftey-~~ve--t%~5t seventy-five (75) square
feet of surface area~, and no sign of any other type shall exceed
one hundred fifty (150) square feet of surface area. Any
establishment or property having less frontage or lot line
adjoining a street than required above may have one sign not
exceeding forty (40) square feet.
(b) Where there is an established neighborhood commercial
center containing five (5) or more establishments and a minimum
of s~xey-efte~saaa-t687888t forty thousand (40,000) square feet of
land area, one center identification sign for each principal
entrance not exceeding two (2) faces, neither of which shall
exceed one hundred (100) square feet of surface area.
Where
there is an established community or regional commercial center
containing a minimum of ten (10) establishments and fifteen (15)
acres of land, one center identification sign for each principal
entrance not exceeding two (2) faces, neither of which shall
exceed twe--ft~fta~ea-t~88t one hundred fifty (150) square feet of
September 29, 1986
I I
- 25n -
surface area. Where-~here-is-an-es~abiishea--re~ienai-eemme~eiai
eeneer-eeneainin~--r~reeen-t~5t-e~-mere-eseabiisftmenes-ana-ehirey
t38t-aeres-er--iana,--ene--eeneer--iaeneirieaeien--s~~n--rer-eaeh
~r~ne~~ai--eneranee--er--rrenea~e--nee--exeeeain~--ewe-t2t-raees,
ne~eher-er-whieh-shaii-exeeea-eh~ee-hHna~ea-t388t--s~Hare-reee-er
sH~raee-area.
Any ~uch center identification sign shall specify
only the name of the center.
(c) Signs advertising property for sale, lease or rent,
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than two (2)
such signs shall be erected for each one hundred (100) feet of
lot line at the street right-of-way, and that not more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
(d) On unimproved property, for each two hundred (200) feet
of frontage not more than one outdoor advertising sign and not
advertising purposes for special events.
(f) To facilitate occupancy in a community commercial
center containing a minimum of fifteen (15) acres of land, one
temporary sign may be erected not to exceed two (2) faces,
neither of which shall exceed ewe-hHnarea-t288t one hundred fifty
(150) square feet of surface area. In a regional commercial
center containing a minimum of thirty (30) acres of land, one
temporary sign may be erected not to exceed two (2) faces,
neither of which shall exceed ehree--hHnarea--t388t two hundred
(200) square feet of surface area. Sign~ shall be removed when
seventy (70) percent of the property is occupied or leased, or
after a period of twenty-four (24) months, whichever comes first.
Adopted this 29th day of September
, 1986, by the Council
of the City of Virginia Beach, Virginia.
WMM/dga
914CZO.Ord
8/14/86
8/15/86
I I, I I
- 250 -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 924 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE B-3
CENTRAL BUSINESS DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 924 of the Comprehensive zoning Ordinance of
the City of virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
section 924. Sign regulations.
In the B-3 Central Business District signs shall be
permitted as follows:
(a) For each forty (40) feet of frontage adjacent to a
street and for each eighty (80) feet of lot line adjoining a
street, but not constituting frontage, not more than one sign and
not more than sixty (60) square feet of surface area; provided,
however, that no establishment may have more than ~~ve-t5+ three
ill signs of which one may be a free-standing sign. No free-
standing sign shall exceed two (2) faces, neither of which shall
exceed efte-ft~ftarea-eweftey-~~ve-t~~5+ seventy-five- (75) square
feet of surface area., and no sign of any other type shall exceed
one hundred fifty (150) square feet of surface area. Any
establishment or property having less frontage or lot line
adjoining a street than required above may have one sign not
exceeding forty (40) square feet.
(b) Where there is an established neighborhood commercial
center containing five (5) or more establishments and a minimum
of ~~xey-efte~~afta-t6e7eee+ forty thousand (40,000) square feet of
land area, one center identification sign for each principal
entrance not exceeding two (2) faces, neither of which shall
exceed one hundred (100) square feet of surface area. Where
there is an established community or regional commercial center
containing ten (10) or more establishments and a minimum of
September 29, 1986
; I I I
- 25p -
fifteen (15) acres of land, one center identification sign for
each principal entrance not exceeding two (2) faces, neither of
which shall exceed ~We-ftH~area-t~aat one hundred fifty (150)
square feet of surface area. Wftere-~ftere-~s-a~-es~a~i~sftea
re~~e~ai-eemmere~ai-ee~~er-ee~~a~~~~~-~~~~ee~-t~5t-er-mere
es~a~i~shme~~s-a~a-~ft~r~y-t3at-aeres-e~-ia~a,-e~e-ee~~er
~ae~~~~~ea~~e~-s~~~-~er-eaeft-~r~~e~~ai-e~~ra~ee-er-~re~~a~e-~e~
exeeea~~~-~we-t~t-~aees,-~e~~fter-e~-Wft~eft-sftaii-exeeea-~ftree
ftH~area-t3aat-s~Hare-~ee~-e~-sHr~aee-area~ Any such center
identification sign shall specify only the name of the center.
(c) Signs advertising property for sale, lease or rent
shall be permitted, provided that no such sign shall exceed
thirty-two (32) square feet in area, that not more than two (2)
such signs shall be erected for each one hundred (100) feet of
lot line at the street right-of-way, and that not more than four
(4) such signs shall be erected on any property. Any property
having less frontage or lot line adjoining a street may have one
sign not exceeding thirty-two (32) square feet of surface area.
Adopted this 29th day of September
, 1986, by the Council
of the City of Virginia Beach, Virginia.
WMM/dga
904CZO.Ord
8/14/86
8/15/86
2
,I I I
- 25q -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 1004 OF THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO SIGN REGULATIONS IN THE I-1
LIGHT INDUSTRIAL DISTRICT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That section 1004 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to sign
regulations, is hereby amended and reordained to read as follows:
Section 1004. Sign regulations.
In the I-1 Light Industrial District signs shall be
permitted as follows:
(a) For each forty (40) feet of principal frontage adjacent
to a street and for each eighty (80) feet of lot line adjoining a
street, but not constituting frontage, not more than two (2) s~eft
signs and not more than eighty (80) square feet of sign surface
area; provided, however, that no establishment may have more than
s~x-t6t four (4) signs of which one may be a free-standing sign.
No free-standing sign shall exceed two (2) faces, neither of
which shall exceed ~we-h~aarea-t~eet one hundred fifty (150)
square feet of surface area~, and no sign of any other type shall
exceed one hundred fifty (150) square feet of surface area. Any
establishment or property having less frontage or lot line
adjoining a street than required above may have one sign not
exceeding sixty (60) square feet.
(b) Where there is an established industrial park
containing three (3) or more establishments and a minimum of ten
(10) acres of land area, one park identification sign for each
principal entrance or frontage not exceeding two (2) faces,
neither of which shall exceed ~ftree-ft~aarea-t3eet one hundred
fifty (150) square feet of surface area. Where there is a major
established industrial park containing three (3) or more
establishments and a minimum of thirty (30) acres of land area,
September 29, 1986
- 25r -
one park identification sign not exceeding two (2) faces, neither
of which shall exceed SiX-ft~fiarea-t6eet two hundred (200) square
feet. Such identification sign shall specify only the name and
address of the park, and the names of individual tenants
occupying such parks.
(c) Beacon lights or search lights may be permitted for
advertising purposes for special events.
(d) Signs advertising property for sale, lease or rent,
provided that no such sign shall exceed thirty-two (32) square
feet in area, that not more than two (2) such signs shall be
erected for each one hundred (100) feet of lot line at the street
right-of-way, and that not more than four (4) such signs shall be
erected on any property. Any property having less frontage or
lot line adjoining a street may have one sign not exceeding
thirty-two (32) square feet of surface area.
(e) To facilitate occupancy in new industrial parks, a
temporary sign may be erected at each principal entrance to
facilitate occupancy. In an industrial park containing a minimum
of ten (10) acres of land area, one sign at each principal
entrance may be erected not to exceed two (2) faces, neither of
which shall exceed ~ftree-ft~fiarea-t3eet one hundred fifty (150)
square feet of surface area. In a new major industrial park
containing a minimum of thirty (30) acres of land area, one sign
at each principal entrance may be erected not to exceed two (2)
faces, neither of which shall exceed SiX-ft~fiarea-t6eet two
hundred (200) square feet. Signs must be removed when seventy
(70) percent of the property is occupied or leased, or after a
period of twenty-four (24) months, whichever comes first.
(f) On unimproved property, for each two hundred (200) feet
of frontage not more than one outdoor advertising sign and not
more than five hundred (500) square feet of surface area.
2
September 29, 1986
Adopted this 29th day of September
the City of Virginia Beach, Virginia.
[/dga
4CZO.Ord
4/86
5/86
3
, 1986, by the Council
- 26 -
Item II-H. 1 .
ORDINANCES
ITEM # 26098
Upon motion by Councilwoman McClanan, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND the Code of the City of Virginia
Beach, Virginia, by adding Section 33-111.1
pertaining to the posting of signs relating to
applications for the vacation of any street or
alley.
Councilwoman Henley requested the City enforce removal of the signs within
fi ve (5) days. The Mayor requested Staff upon advising the applicant of
Council's action, further advise the signs are to be removed wi thin five
days.
As per Councilman Heischober's request, the Planning Department
investigate the feasibility of renting or requiring a deposit on said
rather than selling them. Staff will develop a proposal.
is to
signs
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Ro bert E. Fen tre s s , Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
I-
Z.
LU
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v
o
I-
V'l
<0:
o
w
>
o
~
0.
0..
~
\ I
- 26a -
~1.1
,r:
12
:;;
z?
Vi
AN ORDINANCE TO AMEND THE CODE OF
THE CITY OF VIRGINIA BEACH,
VIRGINIA, BY ADDING SECTION
33-111.1 PERTAINING TO THE POSTING
OF SIGNS RELATING TO APPLICATIONS
FOR THE VACATION OF ANY STREET OR
ALLEY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Code of the City of Virginia Beach, Virginia,
is hereby amended by adding the following:
Section 33-111.1. Posting of Signs.
In addition to the notice of public hearings as
required by general law, upon the application of any person to
vacate any street or alley, the applicant shall erect, on or
inunediately adjacent to such property, a suitable sign clearly
visible and legible from the public streets. Such sign shall be
erected not less than fifteen (15) days before the public hearing
of which it gives notice, and shall display information as to the
nature of the application and date and time of 'the scheduled City
Council hearing. Signs may be purchased in the Planning
Department Office, or must be duplicated in size, format,
lettering, coloring, and wording. Such signs may not be removed
by the applicant until the hearing before City Council, and shall
be removed within five (5) days after said City Council hearing.
Notwithstanding the above, when such signs have been inadequately
posted, City Council may deny or defer the application.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 29th day of
September
, 1986.
CJS/lmt
08/20/86
08/25/86
09/03/86
- 27 -
Item II-H.2.
ORDINANCES
ITEM # 26099
The City Clerk advised of a correction on page 14 of five (5) years rather
than four (4) years:
"This information wil be available to the public
and will be maintained on file for foul" (4) five
(5) years.
Upon motion by Councilman Heischo ber, seconded by Councilman Perry, City
Council ADOPTED, AS AMENDED*:
Ordinance to AMEND and REORDAIN the Conf'lict of
Interests Ordinance of the City of Virginia Beach
thereby amending the provisions concerning the
scope, disclosures, disclosure reports, enforcement
and the Annual Report of Disclosure of Financial
and Property Interest.
*Under SCOPE, the following shall be inserted:
Members of the Virginia Beach Community Development
Corporation and the Executive Director.
On Page 6, Section VI. A., Line 11:
The following verbage shall be inserted after "...of the
provisions of this Ordinance.":"
liThe Commonwealth Attorney shall issue his written
advisory opinion within five working days of
receiving a statement of facts from any public
official as set forth in Section II of this
Ordinance."
Page Page 7, Section F., Line 5:
The following verbage shall be inserted after
"...violation of the provisions of this Ordinance...":
". . . ,except any public official set forth in
Section II of this Ordinance may request the
Committee's advice on any factual situation."
I ,
- 28 -
Item II-H.2
ORDINANCES ITEM # 26099 (Continued)
Voting: 8-1
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Reba S. McClanan, John
D. Moss, Vice Mayor Meyera E. Oberndorf and John L.
Perry
Council Members Voting Nay:
Nancy K. Parker
Council Members Abstaining:
Mayor Robert G. Jones
Council Members Absent:
John A. Baum
- 28a -
AN ORDINANCE TO AMEM) AND REORDAIN THE CONFLICT
OF INTERESTS ORDINANCE OF THE CITY OF VIRGINIA
BEACH THEREBY AMENDING THE PROVISIONS CONCERNING
THE SCOPE, DISCLOSURES, DISCLOSURE REPORTS,
ENFORCEMENT AND THE ANNUAL REPORT OF DISCLOSURE
OF FINANCIAL AND PROPERTY INTEREST
I. INTENT
The intent of this Ordinance is:
A. To provide that the public acts of members of the City Council, and
its appointees, are to further public interest without favoritism to special
interests or personal interest, and
B. To establish a procedure for definitive guidance so that persons
subj ect to its provisions may reliably avoid both conflicts of interest and
the appearance of conflicts of interest.
II. SCOPE
This Ordinance shall apply to the following public officials:
Members of City Council
Members of the Planning Commission
Members of the Development Authority
Members of the Virginia Beach Community Development
Corporation and the Executive Director
Members of the Wetlands Board
City Manager
City Attorney
City Clerk
City Real Estate Assessor
Deputy City Manager for Development
Assistant City Manager for Administration
Assistant City Manager for Analysis and Evaluation
Assistant City Manager for Human Services
Director of Economic Development
Director of Planning
Director of Public Utilities
Director of Public Works
1
September 29, 1986
III. DEFINITIONS
A. "Public Official" means one of the government officers listed
in Section II above. The term "public official" used in describing
matters of personal interest shall mean not only the public
official, but also the spouse of that public official and any other
relative who resides in the same household with the public official.
B. "Personal Interest" means a personal and/or financial benefit
or liability accruing to a public official or to such person's
spouse or other relative who resides in the same household and the
public official has knowledge of said interest. Such interest shall
exist by reason of:
1. Family relationship;
2. Ownership or participation in a business
entity;
3. Income from a business entity;
4. Liability accruing to public official from a
business entity;
5. Ownership or leasehold of real or personal
property, tangible or intangible; or,
6. Contributions or gifts.
C. "Business Entity" means any firm including sole
proprietorship, partnership (limited or general), corporation
(closely held or public), professional corporation, training school,
educational institution, or any other organization that has among
its purposes for existence the making of profit.
D. "Income" means the amount of wages, salary, dividends,
commissions, fees, royalties, rents, and other remuneration or gains
from a business entity accruing to the public official.
E. "Agency" means:
Ci ty Council
Planning Commission
Development Authority
Virginia Beach Community Development Corporation
Wetlands Board
F. "Relative(s)" means the official's siblings, parents, grandparents,
children and grandchildren, and the spouses of such persons; and, the
individual's spouse and spouses' siblings, parents, grandparents,
grandchildren, and their spouses.
2
IV. DISCLOSURES
Matters of personal interest which each public official must abstain
and disclose openly after the vote when transactions involving these
personal interests arise, are as follows:
1. Family Relationships
a. Spouse
b. Children
c. Other relative(s) residing in same household
2. Business Ownership or Participation
a. Principal occupation or livelihood.
b. Business entity in which public official
is an officer, director, partner, or employee.
c. Business entity in which public official
has an ownership interest of 3% or more of the
total assets of said entity, or the liability
accruing to the public official from an entity
exceeds 3% of its total assets.
d. Business entity that obtained services
referenced in paragraph (1) below or purchased
products or materials referenced in paragraph
(2) below during the past year or reasonably
expects to obtain or purchase same during the
current calendar year from a business entity
in which the public official is an officer,
director, owner or part owner, agent,
salesman, practitioner,
consultant:
associate
or
(1) Services in billing amounts of
$5,000 or more; or
(2) Products or materials in billing
amounts of $15,000 or more;
e. Transactions involving the rezoning of
real property owned by or monetary
appropriations to a charitable or non-profit
organization in which public official is an
officer, director, founder, or paid employee.
3
3. Income (See definition in Section III D.)
Business entity from which public official has
derived during the past year or reasonably expects
to derive during the current calendar year income
in the amount of $2,000 or more.
4. Real Estate
a. Real estate in Virginia Beach and/or
adjoining cities and counties owned wholly or
in part by:
(1) Public official; or
(2) Business entity in which
public official is an owner or part
owner.
b. Individual, organization or business entity
to whom public official has sold or purchased
real estate during the past year and that
property or a portion of same is the subject
of a transaction before the public official
within twelve (12) months of the sale.
c. Any real estate that the public official
has an interest in and the action before him
has specific application to this real estate.
"Specific application" is defined in Section
2.1-610 VA. CODE ANN.
5. Political Contributions
Individual, organization, or business entity that
has contributed more than $500 to elected public
official's most recent election campaign.
6. Gifts
a. Individual, organization, or business entity
that has made, during the past year, a gift or
gifts, which have a cumulative value of $200 or
more to the public official or his or her spouse or
other relative who resides in the same household,
such as:
(1) Cash
(2) Merchandise (including clothing,
jewelry, furs, furniture, or works of
art).
(3) In-kind satisfaction, including
use of auto, dwelling, boat, airplane,
vacation trips, or reimbursement from
4
other than the city, agency or state for
city or state sponsored official
functions, meetings or conventions.
(4) Forgiven cash debt of public
official or his or her spouse, or
relative residing in the same household.
b. The following will be excluded from above:
(1) Ceremonial gifts or awards;
(2) Reasonable expenses for food,
travel, lodging and scheduled
entertainment of the official for a
meeting which is given in return for
participation at the meeting.
(3) Gifts from relatives or members of
his household; or
(4) Honorariums or awards for
professional achievement.
V. DISCLOSURE REPORTS
A. Financial and property interests shall be declared in a written
and sworn affidavit using the report form appended, to be filled out
by each public official once each year. The forms will be
distributed by the City Clerk to be filled out and returned to the
City Clerk by each January 15th. Thereafter, the reports will be
kept on file for five (5) years. The files will be open to the
public.
B. In addition to making written disclosure, public officials will
be required to disclose matters of personal interest that may arise
during transactions conducted by the agency of which the public
official is a member. The following procedures will be followed to
ensure that conflict of interests are not permitted to bear upon
these transactions, and, if they do arise or appear to arise, they
become a matter of public recognition and record:
1. The presiding officer of each agency shall upon
opening each session call upon all members as
follows:
"Any member here present who knows of any personal
interest that he or she may have in a matter coming
before this body at this meeting is required to
refrain from any discussion and abstain from voting
and disclose that interest after the matter is
voted upon."
5
2. Disclosures are required irrespective of any prior
written disclosure that mayor may not have been
made.
3. If a member has a Personal Interest in any matter
on the agenda, he or she will refrain from the
subject discussion, abstain from voting and after
having abstained and the vote is cast, state for
the record his or her reason for abstaining.
VI. ENFORCEMENT OF CONFLICT OF INTERESTS ORDINANCE
A. The Commonwealth's Attorney is hereby appointed by City
Council to enforce this Ordinance under the foregoing provisions.
In response to an inquiry or request from a public official the
Commonwealth's Attorney shall render advisory opinions on any
matter not yet acted on as to whether the facts in a particular case
would constitute a violation of the provisions of this Ordinance.
The Comonwealth's Attorney shall issue his written advisory opinion
within five (5) working days of receiving a Statement of Facts from
any Public Official as set forth in Section II of this Ordinance.
Irrespective of whether an opinion has been requested and rendered,
the public official has the right to seek a declaratory judgment or
other judicial relief as provided by law. The Commonwealth's
Attorney shall have such other powers and duties as hereinafter
provided.
B. In order to inquire into any alleged violation of any
provision of the Conflict of Interests Ordinance, there is hereby,
created a Conflict of Interests Advisory Committee consisting of
three (3) members, all of whom shall reside in and be qualified
voters of the City and at least one of whom shall be a member of the
Virginia State Bar. The three members shall be appointed by City
Council for a term of one (1) year.
C. The three members of the Committee are eligible to serve if
while serving these persons:
1. Do not hold any elected or appointed office nor are
candidates for office of the United States, the
State, the City or of any political subdivision
thereof.
2. Are not employees of the City of Virginia Beach or
members of any of its Boards or Commissions or
active member of any political party.
6
D. In order to render a recommendation to the Commonwealth's
Attorney, there must be a unanimous vote of the three Committee
members.
E. The powers and duties of the Conflict of Interests Advisory
Committee shall be applied and used only in relation to the public
officials of the City of Virginia Beach to whom this Conflict of
Interests Ordinance applies.
F. The Committee will be activated and function as follows:
In response to a written complaint from any other
individual, signed and sworn to before the City Clerk and
filed with the City Clerk, concerning any alleged
violation of the provisions of this Ordinance, except any
Public Official set forth in Section II of this Ordinance
may request the Committee's advice on any factual
situation. A false complaint may subject the complainant
to a criminal charge for perjury. Complainant shall be
so advised in writing upon filing the complaint, and will
sign an acknowledgment thereof. If the complaint
concerns a City official whose position is not subject to
this Ordinance, the City Clerk will refer the complaint
to the City Manager or other proper authority for
appropriate action, and so notify the complainant. The
City Clerk and all City employees who receive and/or
process complaints shall maintain such complaints in
strict confidentiality.
G. The Committee shall, upon receipt of such complaint, meet as
soon as possible, but in no event to exceed thirty (30) days. If,
after preliminary investigation, the Committee determines to proceed
with an inquiry into the conduct of any public official, the
Committee shall immediately notify the public official as to the
inquiry and the allegations against him or her and shall thereafter
schedule hearing(s) on the matter. The public official shall have
the right to present evidence, cross-examine witnesses, face and
examine the accuser, and be represented by counsel at any hearings.
The Committee will hold hearings in a closed session unless the
public official whose conduct is under inquiry files a written
request to have the hearings conducted in public.
H. The Committee is authorized by City Council to request
subpoenas be issued and compel attendance of witnesses or the
production of documents, books or other records, as necessary. The
Committee is also empowered by City Council to apply to the Circuit
Court to compel obedience to the subpoenas.
7
I. After completing its investigation as to whether this Conflict
of Interests Ordinance has been violated, the Committee shall
dispose of the matter in one of the following ways:
1. If the complaint is without merit, take no further
action except to notify the public official and the
complainant.
2. If the Committee determines there is a reasonable
basis to conclude that the official willfully
violated the provisions of the Conflict of
Interests Ordinance, it shall recommend to the
Commonwealth's Attorney that he or she begin
prosecution.
3.
In
the
event
the
Commonwealth's
Attorney
determines the evidence is sufficient to prosecute
the official, then he or she may either proceed to
the magistrate for a warrant or to the grand jury
for an indictment. If the Commonwealth's Attorney
determines not to prosecute the alleged violation,
he or she shall notify the affected public
official.
J. All proceedings during the investigation of any complaint by
the Committee shall be confidential unless the public official
elects otherwise under Paragraph G of this Section. This rule of
confidentiality shall apply to the Committee Members and their
staff. If this confidentiality is breached, the members and their
staff may be subject to the provisions of Paragraph K and L below.
K. Any person who willfully violates the provisions of the
Conflict of Interests Ordinance shall be guilty of a Class I
Misdemeanor. A willful violation of this Section is one in which
the person engages in conduct, performs some act, or refuses to
perform such act in which he or she knows or should know that the
conduct is prohibited or required by this Ordinance. If any public
official is charged with a willful violation resulted from his or
her reliance upon a written opinion of the Commonwealth's Attorney
made after full disclosure of the facts, then such action is not a
violation and would not be in violation of this Ordinance, in which
case the official shall not be prosecuted for any violation of this
Ordinance if in reliance on such opinion he or she violates this
Ordinance.
L. Any person who willfully violates any of the provisions of
this Ordinance shall be guilty of malfeasance in office. Upon
conviction thereof, the judge or jury trying the case, may award a
8
sentence of up to one (1) year in jail and/or a fine of up to One
Thousand Dollars ($1,000) and may order the forfeiture of said
office.
VII. DISQUALIFICATIONS
If disqualifications in accordance with this ordinance leave less than the
number required by law to act, the remaining member or members shall have
authority to act for the agency by majority vote, unless a certain percentage
vote of all members is required by law, in which case authority to act shall
require the same percentage vote of remaining members. Notwithstanding any
other provisions of this Ordinance to the contrary, any public official whose
sole interest in any proposed contract of sale, sale, exchange, lease or
conveyance, is by virtue of their employment by a firm, partnership, or other
business involved in a proposed contract of sale, sale, exchange, lease or
conveyance, and where such official's or officials' vote is essential to a
required majority pursuant to Article VII, Section 9 of the Constitution of
Virginia and Section 15.1-307 of VA. CODE ANN., such official or officials may,
after disclosure as referenced in this Ordinance, vote and participate in the
deliberations of the agency concerning whether to approve, enter into or
execute such contract of sale, sale, exchange, lease or conveyance.
VIII. SEVERABILITY CLAUSE
The provisions of this Ordinance are severable and if any provision, clause,
sentence, section, word or part thereof is held illegal, invalid,
unconstitutional or inapplicable to any person or circumstances, such
illegality, invalidity, unconstitutionality or inapplicability shall not
affect or impair any of the remaining provisions, sentences, clauses,
sections, words or parts thereof of the Ordinance or their application to
other persons or circumstances. It is hereby declared that it be the
legislative intent that this Ordinance would have been adopted if such
illegal, invalid or unconstitutional provision, sentence, clause, section,
word or part had not been included therein, and if the person or circumstances
to which the Ordinance or any part thereof is inapplicable had been
specifically exempted therefrom.
This Ordinance shall be in effect immediately upon adoption.
Adopted by the Council of the City of Virginia Beach on the 14th day of
April 1986, and amended on the 29th day of September 1986.
9
APPENDIX
CITY OF VIRGINIA BEACH
Annual Report of Disclosure of
Financial and Property Interest
Pursuant to the Virginia Beach Conflict of Interest Ordinance, I hereby
disclose the following matters of financial and property interest on my
part.
NAME
GOVERffilliNT POSITION
HOME ADDRESS
PHONE NO.
1. FAMILY OR HOUSEHOLD MEMBERS
NAME
ADDRESS (if different)
A. Spouse
B. Children
C. Any other relative residing in same household
2. BUSINESS OWNERSHIP OR PARTICIPATION
A. Principal occupation or livelihood is:
B. Business entities in which I am an officer, director,
partner, or employee:
NAME ADDRESS
C. Business entities in which I have an ownership interest of 3%
or more of the total assets of said entity, or the liability on
behalf of an entity accruing to me exceeds 3% of its total
assets.
NAME ADDRESS
10
3. INCOME
Each business entity from which I have derived, during the past
year or reasonably expect to derive during the current calendar
year, income in the form of wages, salary, dividends, commissions,
fees, royalties, rents, and other remunerations or gains, or
property, or the use of property, in the amount of $2,000 or more.
NAME
ADDRESS
4. REAL ESTATE
A. Real estate, owned either wholly or in part, in
Beach and/or adjoining cities and counties:
Virginia
LOCATION AND DESCRIPTION
B. I purchased real estate in Virginia Beach and/or adjoining
cities and counties during the year from the following
individuals, organizations or business entities:
NAME
ADDRESS
C. I sold real estate in Virginia Beach and/or adjoining
cities and counties during the year to the following
individuals, organizations, or business entities:
NAME
ADDRESS
11
, I, II I
Location and Description of Properties Sold:
5. GIFTS
Each individual, organization or business entity from whom I, my
spouse or any other relative who resides in my household,
has received gift(s) during the year valued at $200 or more in
the form of cash; merchandise (including clothing, furniture,
jewelry, furs, works of art); in-kind satisfaction (including use
of auto, dwelling, boat, airplane, vacation trips), or has had
forgiven a cash debt of $200 or more. (NOTE: Exclusions
referenced in IV. subsection 6.a.(3) and 6.b. of the Conflict of
Interests Ordinance need not be reported):
NAME
ADDRESS
I do solemnly swear or affirm that the foregoing information is full,
true and correct to the best of my knowledge.
Date
Signature
Signed
and
sworn
to before
19
Virginia.
me on the
in the City
day of
of Virginia Beach,
Notary Public
My commission expires on
This information will be available to the public and will be maintained
on file for five (5) years.
12
- 29 -
Item II-I.
CONSENT AGENDA
ITEM # 26100
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED in ONE MOTION Items 1*, 2, 4, 5, 6, 7, 9, 10, 11 and 13 of
the CONSENT AGENDA.
*Item 11-1.1 was APPROVED for DEFERRAL.
Items 11-1.3, 11-1.8 and 11-1.12 were pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
I I
- 30 -
Item 11-1.1
CONSENT AGENDA
ITEM # 26101
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council DEFERRED:
Resolution to approve the amended Bylaws of the
Virginia Beach Community Development Corporation
regarding the conflict of interest provision
contained therein.
This Resolution was DEFERRED as the Executive Director of the Virginia Beach
Communi ty Development Corporation has now been included wi thin the Scope of the
City's CONFLICT OF INTEREST ORDINANCE.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
II I
- 31 -
Item II-I. 2
CONSENT AGENDA
ITEM # 26102
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Resolution authorizing structural alterations to
nonconforming structure at 1507 Atlantic Avenue
(McDonald's Restaurant).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
" II I
- 31a -
A RESOLUTION AUTHORIZING STRUCTURAL
ALTERATIONS TO A NONCONFORMING
STRUCTURE AT 1507 ATLANTIC AVENUE
(McDONALD'S RESTAURANT)
WHEREAS, Shore Building Corporation desires to perform
certain structural alterations to the roof and heating and air-
conditioning units of a McDonald's Restaurant located at 1507
Atlantic Avenue, in the City of Virginia Beach, Virginia, and
more particularly described as Lots 9 and 10 and the northerly
four (4) feet of Lot 8, Block I, as shown on that certain plat
entitled "Property of Norfolk Southern R.R., Virginia Beach,
Virginia," which plat is duly recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach in Map Book 6,
Part 2, at Page 329, and which is shown on that certain map
entitled "Topographic Survey Lots 9 and 10 and the Northerly 4'
of Lot 8, Block I, Property of Norfolk Southern R.R., Virginia
Beach, Va., for Franchise Realty Interstate Corporation" dated
October 4, 1978, a true copy of which is hereto attached and made
a part hereof; and
WHEREAS, the existing structure does not conform to the
provisions of the Comprehensive Zoning Ordinance,
in that
detached restaurants are not an allowed use within the H-2,
Resort-Hotel District, unless such restaurants are located on the
same zoning lot as a hotel or motel having at least twenty-one
(21) dwelling or lodging units; and
WHEREAS, pursuant to Section 105(d) of the Comprehen-
sive Zoning Ordinance, the City Council may, by resolution,
authorize structural alterations to a nonconforming structure
upon finding that the proposed condition is equally appropriate
or more appropriate to the zoning district than is the existing
nonconformity;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
September 29, 1986
" II I
- 31b -
That the City Council hereby finds that the proposed
structure, after alterations, is equally appropriate or more
appropriate to the zoning district than is the present noncon-
forming structure; and the City Council hereby authorizes the
replacement of the existing roof on the structure with a built-up
mansard roof, the relocation of the heating and air-conditioning
units on the new roof, and the installation of a new suspended
ceiling system, provided that all alterations and other work
shall be in accordance with plans approved by the Building
Official.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 29th
day of September
, 1986.
WMM/cb
9/25/86
(C)
2
September 29, 1986
- 32 -
Item II-I.3.
CONSENT AGENDA
ITEM # 26103
John G. Williams, owner of a farm on Newtown Road, spoke concerning this
Ordinance.
Upon motion by Councilman Heischo ber, seconded by Councilman Perry, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 38-3 of the
City Code of the City of Virginia Beach, Virginia,
pertaining to Discharge of Firearms, Air Guns, etc.
Councilman Heischober referenced a telephone call received from a citizen and
various possible amendments to said Ordinance. Upon information supplied by
City Staff, Councilman Heischober WITHDREW his Amendments.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
" I
- 32a -
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 38-3 OF CITY CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO DISCHARGE OF
FIREARMS, AIR GUNS, ETC.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 38-3 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows:
Section 38-3. Discharge of firearms, air guns, etc.
(a) It shall be unlawful for any person to discharge
any firearm, spring-propelled rifle or pistol or air-propelled
rifle or pistol, from or across any land or water north or west
of the trace of the line beginning at the intersection of North
Landing Road and the Chesapeake-Virginia Beach city boundary
line; thence northwardly along North Landing Road to Indian River
Road; thence eastwardly along Indian River Road to New Bridge
Road; thence northeastwardly along New Bridge Road to Sandbridge
Road, thence eastwardly along Sandbridge Road to its intersection
with the Atlantic Ocean, or across any land north of False Cape
State Park and east of Shipps Bay and Point Creek.
This
prohibition shall not apply to shotguns discharging pellets under
the following conditions:
(1) On land that is fifty (50) acres or more of contiguous
areaiL or less than fifty (50) acres of contiguous area
south of the trace of the line beginning at the inter-
section of Elbow Road and the Chesapeake - Virginia
Beach City boundary line; thence northeastwardly along
Elbow Road to Salem Road; thence southeastwardly along
Salem Road to North Landstown Road; thence north-
eastwardly along Landstown Road to Princess Anne Road;
thence southeastwardly along Princess Anne Road to
Sandbridge Road; thence eastwardly -lLlong Sandbridge
Road to its intersection with the Atlantic Ocean; and
September 29, 1986
- 32b -
(2) Under one ownership; and
(3) Used primarily for agricultural purposes; and
(4) The landowner has applied for an annual permit from the
city manager to use his property for this purpose,
which permit shall be granted by the city manager if
the applicant meets the requirements of this section;
and
(5) The person discharging a shotgun as herein set forth
shall, at all times while engaged in such activity,
have in his possession written permission from the
landowner to discharge such weapon on the premises.
(6) All permits currently in existence shall expire on
September 30, 1986, and any permit issued after that
date shall expire on the next June thirtieth after the
date of issuance.
(b) Notwithstanding the provisions of subsection (a)
(4) above, no permit shall be issued to a landowner if it is
determined by the city manager or his duly authorized agent that
the issuance of such permit would be detrimental to the public
safety, and any permit that has been issued and is in effect may
be revoked by the city manager if it is determined by the city
manager or his duly authorized agent that conditions have changed
since the date of issuance of the permit that cause the continued
use of the land for the permitted purpose to be detrimental to
the public safety.
(c) It shall be lawful to discharge firearms of 22-
caliber or less south of the trace line enumerated in subsection
(a) subject to the provisions of this section. It shall be
unlawful to discharge any firearms greater than 22-caliber any
place within the city.
(d) Notwithstanding any other provisions of this
section, it shall be unlawful for any person to discharge any
firearm, spring-propelled rifle or pistol or air-propelled rifle
or pistol from on, across or within one hundred fifty (150) yards
2
September 29, 1986
- 32c -
of any building, dwelling, street, sidewalk, alley, roadway or
public land or public place within the city limits.
(e)The prohibitions of this section shall not apply to the
operation of a shooting event that is sponsored by an organized
group, provided, the written approval of the chief of police as
to the safety and location of the event is obtained prior to the
event.
(f) Nothing in this section shall be construed to
prohibit the discharge of firearms and other weapons by law-
enforcement agencies and military forces in the city as part of
authorized training or in the performance of their duties.
(g) A violation of any provision of this section shall
constitute a Class 1 misdemeanor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 29th day of September , 1986.
RMB/lmt
09/19/86
09/22/86
3
" I
- 33 -
Item II-I.4.
CONSENT AGENDA
ITEM # 26104
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED upon SECOND READING:
Ordinance to accept and appropriate Grants of
$245,290 from State Aid to Public Libraries and
$6,009 from Federal Aid to Public Libraries.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 33a -
AN ORDINANCE TO ACCEPT GRANTS OF $245,290
FROM STATE AID TO PUBLIC LIBRARIES AND $6,009
FROM FEDERAL AID TO PUBLIC LIBRARIES AND TO
APPROPRIATE THESE FUNDS TO DEPARTMENT
OF PUBLIC LIBRARIES
WHEREAS, City Council is interested in enhancing the quality of
service provided by our Public Libraries, and
WHEREAS, grants of $245,290 from State Aid to Public Libraries and
$6,009 from Federal Aid to Public Libraries are available for this purpose, and
WHEREAS, no local funds are required.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that the above two grants be accepted and funds of
$251,299 be appropriated to the Department of Public Libraries for the FY 1986-
1987 Operating Budget as follows:
Total
$ 2,205
169,114
8,612
40,704
27,655
3,009
$ 251,299
Office Supplies
Books and Subscriptions
Educational and Library Supplies
Furniture and Fixtures
Data Processing Equipment
Travel and Training
BE IT FURTHER ORDAINED that Estimated Revenues from the
Commonwealth of Virginia be increased by $245,290 and from the Federal Government
by $6,009 to finance the appropriations.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the Twen~y-ninth
day of
September
, 1986.
FIRST READING: September 22, 1986
SECOND READING: September 29, 1986
CAC/l ORDll.CSR
I I
- 34 -
Item II-I.5
CONSENT AGENDA
ITEM # 26105
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED upon SECOND READING:
Ordinance to accept and appropriate $50,000 for
gluing and furnishing a building for Pendleton
Child Care Services.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 34a -
AN ORDINANCE TO APPROPRIATE $50,000 FOR
GLUING AND FURNISHING A BUILDING FOR
PENDLETON CHILD CARE SERVICES
WHEREAS, the Pendleton Child Care Services program has identified
an immediate need for an additional 1500 square feet of space for family
treatment rooms and administrative/intern offices, and
WHEREAS, on August 15, the Director of Pendleton became aware of
the availability of a 3000 square foot house located on Fishermans Bend Road
which the owners wished to donate to a tax exempt purpose for use "in good social
purpose", and
WHEREAS, the Department of General Services, having inspected the
house, found it to be in outstanding condition and valued at $120,000, and
WHEREAS, the Director of Pendleton, having received permission to
place the house on the property occupied by the current Pendleton Child Services
facilities and having arranged with the current house owners to take possession
of the house with assurance that it be moved by the end of September 1986, and
WHEREAS, moving of the house will be funded from funds available
in the FY 86-87 Pendleton Operating Budget, requiring an additional
appropriations of $40,000 for "gluingll of the house together and $10,000 for
furnishings.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA that funds in the amount of $50,000 be appropriated from
the Pendleton Unreserved Fund Balance to the Pendleton Child Service Center
Operating Budget for "gluing" costs for the house and purchase of furnishings.
This ordinance shall be effective from the date of its adoption.
the
Adopted by the Council of the City of Virginia Beach, Virginia on
29th September
day of
, 1986.
FIRST READING:
September 22. 1986
September 29, 1986
SECOND READING:
CAC/l ORD12.BJM
II I
- 35 -
Item II-I.6.
CONSENT AGENDA
ITEM # 26106
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to accept and appropriate $59,000 from
the U.S. Department of Housing and Urban
Development for the Rental Rehabilitation Program.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 35a -
Requested by: Department of Housing and Community Development
ORDINANCE TO ACCEPT AND APPROPRIATE $59,000
FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE RENTAL REHABILITATION PROGRAM
WHEREAS, the U. S. Department of Housing and Urban Development (HUD)
has awarded a grant of $59,000 for the funding of rental housing
rehabIlitation; and
WHEREAS, the CIty of Virginia Beach has developed a Rental
Rehab II i tat I on Program and has structured the necessary mechan I sms for
Implementation In compl lance with federal and local directives; and
WHEREAS, the use of these funds for rental housIng rehabIlitation wi I I
Increase the supply of standard rental housing units affordable to lower
Income families.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
VIRGINIA BEACH, VIRGINIA:
That funding In the amount of $59,000 from HUD be accepted and funds
appropriated to continue Rental Rehab I I Itatlon Program activitIes.
FIRST READING:
SECOND READING:
September 29, 1986
Adopted by the Council of the City of Virginia Beach, VirginIa on this
_ day of
, 1 986 .
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
!J-J S~ ~
City Attor y ,
Mary n
Departm t of Housing and
Community Development
II I
- 36 -
Item II-I. 7.
CONSENT AGENDA
ITEM # 26107
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED upon FIRST READING:
Ordinance to accept an amended entitlement grant
from the U.S. Department of Housing and Urban
Development and to appropriate additional funds of
$367,000 for the Community Development Twelfth
Program Year.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 36a -
Requested by: The Department of Housing and Community Development
AN ORDINANCE TO ACCEPT AN AMENDED ENTITLEMENT GRANT
FROM THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE THESE ADDITIONAL FUNDS FOR
THE COMMUNITY DEVELOPMENT TWELFTH PROGRAM YEAR
WHEREAS, The U. S. Department of Housing and Urban Development (HUD)
has awarded an add I t I ona I grant of $367,000 for the fund I ng of the
Community Development Twelfth Program Year, and
WHEREAS, Hous I ng and Commun I ty Deve lopment Department staff have
developed an amended project budget for the Twelfth Program Year, and
WHEREAS, the Hous I ng and Commun I ty Deve lopment Cltl zen Adv I sory
Committee has reviewed and recommended the approval of the amended project
budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That fund I ng from HUD be accepted and funds appropr I ated for the
following projects and purposes:
AMENDED PROJECT BUDGET
CAPITAL IMPROVEMENT PROJECTS
Gracetown Street and Drainage Improvement
Project/Construction
Queen City Water and Sewer Improvement
Project/Engineering
Reedtown Water, Sewer, Street and Drainage
Improvement Project/Construction
Seatack liB Street and Drainage Improvement
Project/Right-of-Way Acquisition
HOUS I NG PROGRAMS
Housing Rehabilitation
Replacement Housing/Relocation
Last Resort Housing Loans
Homesharing Program
Code Enforcement/Demolition/Clearance
Housing Programs Administration
OTHER
Black Heritage Awareness Cultural Activities
General Management and Oversight
Section 8 Program Administration
Rental Rehabilitation Program Administration
Contingencies
12th Program Year Entitlement Amount
:stlmated Program Income
fotal:
Original
Amount
$172,000
1 0,000
265,000
175.000
Subtotal: $622,000
$216,400
255,000
170,000
26,079
37,544
151.856
Subtota I: $856,879
Amended
Amount
Total
Amount
+ $127,500
$299,500
10,000
+ 14,621
279,621
175.000
+ $142,121
$764,121
+ $67,899
$284,299
255,000
219,380
26,079
37,544
151.856
$974,158
+ 49,380
+ $117,279
$ 2,147 $ 2,147
292,700 292,700
7,593 7,593
43,681 43,681
10.00(1 + $107.600 $117 .600
Subtota I : $356,121 + $107,600 $463,721
T ota I : $1,835,000 + $367,000 $2,202,000
$1,785,000 + $367,000 $2,152,000
50.000 50.000
$1~835~000 + $367.000 $2.202.000
September 29, 1986
- 36b -
That the approprIatIons wll I be financed by $367,000 In federal funds
from the U. S. Department of Housing and Urban Development.
FIRST READING:
SECOND READING:
September 29, 1986
Adopted by the CouncIl of the City of Virginia Beach on the
day of , 1986.
APPROVED AS TO CONTENT:
APPROVED AS TO FORM:
~~
City Attorne
Mar nn
Depa nt of HousIng and
COmmunity Development
- 37 -
Item II-I. 8
CONSENT AGENDA
ITEM # 26108
Upon motion by Councilwoman Parker, seconded by Councilman Perry, City
Council ADOPTED:
Ordinance to transfer $10,000 from the General Fund
Reserve for Contingencies to the Municipal Council
Operating Budget for membership to the State and
Local Legal Center.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
John A. Baum
- 37a -
AN ORDINANCE TO TRANSFER $10,000 FROM THE
GENERAL FUND RESERVE FOR CONTINGENCIES
TO THE MUNICIPAL COUNCIL OPERATING
BUDGET FOR MEMBERSHIP TO THE
STATE AND LOCAL LEGAL CENTER
WHEREAS, the City of Virginia Beach has been and will continue to
be affected in its ability to administer its authority and fiscal integrity by
decisions of the United States Supreme Court, and,
WHEREAS, the City of Virginia Beach is a member of and/or supports
the following organizations:
Council of State Governments
International City Management Association
National Conference of State Legislatures
National League of Cities
U.S. Conference of Mayors, and,
WHEREAS, these organizations govern the State and Local Legal
Center, as part of the Academy for State and Local Governments, in order to
improve the quality of representation of state and local governments before the
U.S. Supreme Court by 1) direct assistance to state and local government
attorneys, 2) participation in Supreme Court cases through amicus curiae briefs,
3) general educational efforts, and 4) dissemination of information; and has been
instrumental in protecting and advancing the interests of state and local
government, and
WHEREAS, the National League of Cities' Board of Directors adopted
a motion endorsing the Legal Center and, since the Pew Memorial Trust initial
grant fund is now concluding, is encouraging municipal governments to financially
support the Legal Center with a one-time membership fee based upon population,
and
WHEREAS, the City of Virginia Beach wishes to have continued
representation to the U.S. Supreme Court as provided by the Legal Center and,
therefore, will provide financial support for this representation,
NOW, THEREFORE, BE IT ORDAINED that funds in the amount of $10,000
are hereby transferred from the General Fund Reserve for Contingencies to the
Municipal Council operating budget for a one-time membership to the State and
Local Legal Center of the Academy for State and Local Government.
This ordinance shall be effective from date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the
29th
day of
September
, 1986.
CAC/1 ORD10.SWJ
II I
- 38 -
Item 11-1.9
CONSENT AGENDA
ITEM # 26109
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to transfer $20,800 from the Reserve for
Contingencies to the General Registrar's Operating
Budget for purchase and shipment of eleven (11)
vote counters.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 38a -
AN ORDINANCE TO TRANSFER $20>>800
FOR PURCHASE OF VOTING COUNTERS
FROM RESERVE FOR CONTINGENCIES
WHEREAS, the supplier of voting machines to the city>> Computer Election
Systems, has been purchased by another company, and
WHEREAS, the new company, Business Records Corporation, has decided not
to stock the type of machine currently in use by the city and approved for use by
the State Board of Elections, and
WHEREAS>> the Business Records corporation has offered to liquidate its
current stock of vote counters at a cost of $2000 each>> representing a savings
over the regular cost of $2600 each>> and
WHEREAS>> another source of such machines is no longer available for
supplying the needs of Virginia Beach through the 1988 presidential elections,
and
WHEREAS, the General Registrar of the City of Virginia Beach has estimated
that current population growth will require that an additional eleven (11) vote
counters be obtained prior to the 1988 election,
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH. VIRGINIA, that funds in the amount of $22>>800 be transferred from the
Reserve for Contingencies to the General Registrar's Operating Budget for
'purchase and shipment of eleven (11) vote counters.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach>> Virginia on
the
29th
day of September
,1986.
I I
- 39 -
Item II-I. 10.
CONSENT AGENDA
ITEM # 26110
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council ADOPTED:
Ordinance to authorize a temporary encroachment
into a portion of the right-of-way of Baker Road to
Exxon Corporation, a New Jersey Corporation, its
assigns and successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virignia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit, and have approved a traffic
control plan before commencing work within the
City's right-of-way.
5. A highway permit must be obtained and a bond posted
prior to commencing work within the City's right-
of-way.
6. No open cut of a public roadway shall be allowed
except under extreme circumstances; such exceptions
shall be submitted to the Highway Division for
final approval.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 39a -
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE RIGHT-OF-WAY OF
BAKER ROAD TO EXXON CORPORATION, A
NEW JERSEY CORPORATION, ITS ASSIGNS
AND SUCCESSORS IN TITLE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That pursuant to the authority and to the extent
thereof contained in Section 15.1-893, Code of Virginia, 1950, as
amended, the Exxon corporation, a New Jersey corporation, its
assigns and successors in title are authorized to construct and
maintain a temporary encroachment into a portion of the City's
right-of-way of Baker Road.
That the temporary encroachment herein authorized is
for the purpose of a private 2" P.V.C. sanitary sewer force main
and that said encroachment shall be constructed in accordance
with the City of Virginia Beach Public Works Department's
specifications as to size, alignment and location, and further
that such temporary encroachment is more particularly described
as follows:
An area of encroachment into a
portion of the City's rights-of-way
known as Baker Road, as shown on
that certain plat entitled: "EXXON
COMPANY, U.S.A.," a copy which is
on file in the Virginia BEach
Department of Public Works and to
which reference is made for a more
particular description.
PROVIDED, HOWEVER, that the temporary encroachment
herein ;authorized shall terminate upon notice by the City of
Virginia Beach to any officer of Exxon Corporation, a New Jersey
corporation, its assigns and successors in title and within
thirty (30) days after such notice is given, said encroachment
shall be removed from the City's right-of-way of Baker Road by
the Exxon Corporation, a New Jersey corporation, and that the
Exxon Corporation, a New Jersey corporation, its assigns and
successors shall bear all costs and expenses of such removal.
September 29, 1986
- 39b -
AND PROVIDED FURTHER, that it is expressly understood
and agreed that the Exxon Corporation, a New Jersey corporation,
its assigns and successors in ;title shall indemnify, hold
harmless, and defend the City of Virginia Beach, its agents and
employees from and against all claims, damages, losses, and
expenses including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the location
or existence of such encroachment; and
PROVIDED FURTHER, this ordinance shall not be in effect
until such time that the Exxon Corporation, a New Jersey
corporation, executes an agreement with the City of Virginia
Beach encompassing the afore-mentioned provi.sions and other
provisions deemed appropriate by the City Attorney.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 29th
day of
September
, 198L-
CLL/tap
5/30/86
9/4/86
(exxon.pro)
2
- 40 -
Item II-I. 11
CONSENT AGENDA
ITEM # 26111
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
Low Bid to McKenzie Construction Corporation in the
amount of $571,177 for Resort Area Advisory
Commission Demonstration Projects (CIP 3-962).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
, II I
- 41 -
Item II-I. 12
CONSENT AGENDA
ITEM # 26112
Sam Houston, Sr.,spoke concerning RAFFLE PERMITS and advised there were 172 in
existence.
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED:
RAFFLE PERMITS
Eastern Shore Chapel Episcopal Church
Virginia Beach Maritime Historical Museum
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
I I
- 42 -
Item II-I. 13
CONSENT AGENDA
ITEM # 26113
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council AODPTED:
Ordinance authorizing License Refunds upon
application of certain persons in the amount of
$2,681.25 and upon certification of the
Commissioner of the Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
Reba S. McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum
- 42a -
FORM NO. C."" 8 REV. 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds. upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License
Year
Date
Paid
Base
Penalty
Int.
Total
Sylvia's Shoe Salon
T/A Revelations Shoes
700-E N. Military Highway
Norfolk, VA 23502 1982/85
Audit
121.86
121.RF
W. S. Meadows Eng., Inc.
T/A W. S. Meadows Eng., Inc.
1476 Five Hill Trail
Va. Beach, VA 23452 1984/85
Ausit
2,149.38
2,1.19.1R
Certified as to Payment:
~~pP~
Robert P. Vaughan
Commissioner of the Revenue
..
This ordinance shall be effective from date of
adoption.
The above abatement( s) totaling $ 2 , 2 71 . 24
were approved by the Council
of the City of Virginia Beach on the 29th day of September
.1986_ .
8uth Hodges Smith
::;ity Clerk
- 42b -
FOOL! NO, C.A. 8 REV, 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
Ucense
Year
Date
Paid
Base
Penalty
Int.
Total
Fentress Seafood, Inc.
2321 Plantation Drive
Va. Beach, V~ 23454
1984/85
Audit
44.36
11.1.36
Jahnke, Linda H.
T/A Countryside Shops/Sampler
P. O. Box 6161
Va. Beach, VA 23456 1984/85 AU0it
329.65
329.FS
Sanford, Cynthia L. & Claggett, Beth M.
T/A Serious On Satisfaction
409 Chisholm Drive
Va. Beach, VA 23452 1986 07/l5/~f
36.00
If.OO
Certified as to Payment:
'his ordinance shall be effective from date of
Idoption.
'he above abatement(s) totaling $ 410 . 01
were approved by the Council
f the City of Virginia Beach on the.....29t!!.- -day of _ September
, 86
_ .._ 119_
- .
.. ..Jth Hodges Smith, C~1 ~
ity Clerk
- 43 -
Item II-J. 1/2
APPOINTMENTS
ITEM # 26114
BY CONSENSUS, City Council RESCHEDULED:
VIRGINIA BEACH ARTS CENTER - Board or Trustee/Executive Committee
TIDEWATER TRANSPORTATION DISTRICT COMMISSION
i i) I
- 44 -
Item II-K/1. 1
NEW BUSINESS
ITEM # 26115
ADD-ON
Mrs. Cassandra "Go-Go" Barnes complimented the City Council and advised the
audience the Council worked extremely hard in the performance of their duties.
- 45 -
Item II-M.1
ADJOURNMENT
ITEM # 26077
Upon motion by Councilman Heischober, seconded by Councilman Balko, and BY
ACCLAMATION, City Council ADJOURNED the Meeting at 6:15 P.M.
C~~J~/~ (/ /;/~,>0
Bever ly O. Hooks
Chief Deputy City Clerk
~~~
~th HOdg~smith, CMC
City Clerk
City of Virginia Beach
Virginia