APRIL 19, 2016 MINUTES Ok i 4RA,
.:•I'',--'' _ Is
04 �!
4Aks, of
LL OUR M't‘O
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 19, 2016
Mayor William D. Sessoms, Jr., called to order the City Manager's Briefings on the FY 2016-2017
Budget in the City Council Conference Room, Tuesday, April 19, 2016, at 3:00 P.M.
Council Members Present:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer Mother ill
11
2
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
3:00 P.M.
Mayor Sessoms welcomed Daniel D. Edwards, Chairman — School Board. Mr. Edwards expressed his
appreciation to City Council for their continued support:
2016-17 PROPOSED
VBCPS BUDGET
Presented By Daniel D. Edwards e' "41.4,,
Chairman of the School Board -4.wPier
Virginia Beach CityCouncil Chambers VIRGINIA BEACH
9 CITY PUBLIC SCHOOLS
Tuesday,April 1g,2016 CHARTING THE COURSE
Below are the Division's most recent successes. In addition, Mr. Edwards advised Virginia has only
fifteen (1 5)High Schools named Gold Council of Excellence Award winners and he is happy to announce
nine (9)of the fifteen (15)are Virginia Beach High Schools:
Celebrating success in the division
• Virginia Beach City Public Schools(VBCPS)has again been
designated as one of the Best Communities for Music Education
(BCME).
• Nine of the n Virginia Beach City Public Schools(VBCPS) :' ``
comprehensive high schools earned the 2o16 National Gold
Council of Excellence Award from the National Association of
Student Councils(NASC).
• For the third consecutive year,Rosemont Elementary School has f
been selected as aTitle i Distinguished School by the Virginia
Department of Education(VDOE).
• Great Neck Middle School was named a 2015 National Blue Ribbon
School by the U.S.Department of Education.
• The Green Run High School NJROTC participated in the Navy
Nationals competition.The Stallions earned 8 trophies including
the distinction of being the Navy Nationals Runner Up,the second jig
best NIROTC unit in the country
April 19, 2016
3
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
Below are some of the Schools biggest funding goals:
Addressing funding goals:
•Addition of EDK classrooms
'Replacing buses
•Expanding Digital Learning Anchor Schools
•New academy at Kempsville High School
•Raises for employees
-Progress in funding equity adjustments on
r �h • Unified Scale
VIRGINIA BEACH
CITY PUBLIC SCHOOLS
CHARTING THE COURSE
Class sizes have increased for three (3) of the past seven (7) years; however, there is no class size
increases recommended this Fiscal Year:
No class size increases
tik
VIRGINIA BEACH
CITY PUBLIC SCHOOLS
CHARTING THE COURSE
April 19, 2016
11
4
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
Although the economy and funding continue to improve, the Schools continue to face funding issues:
However, funding issues
still remain
VIRGINIA BEACH
CITY PUBLIC SCHOOLS
CHARTING THE COURSE
Schools are reducing the use of"one-time"Reversion Funds by$3.3-Million for this Fiscal Year. This
reduction moves the Schools toward the goal of eliminating this structural flaw in the Operating Budget:
We are reducing our use of one-time funds
by$3.3 million in FY 2016/17
s8.3M-$3.3M=$5.oM
General Assembly passed legislation to eliminate VRS
unfunded liability by 2018 vice 2020:
+ $ FY 2016/17 Professional Rate + $4.1 million
FY 2016/17 Nonprofessional Rate - $7ooK
FY 2017/18 Professional Rate + $6.5 million
FY 2016/17 Nonprofessional Rate soo.00
Yet, costs and mandates are still beyond our control.
April 19, 2016
I �
5
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
Below are the unmet/unfunded needs of the Schools:
Unmet VBCPS Needs
Even with the additional funds, these priorities remain unfunded:
• Full-day kindergarten
• Completing adjustments for the Unified Scale
• Additional collaborative planning for teachers
• Additional bus replacements
• Middle&high school reading and math coaches
• Expand technology access for all students
• Funds for technology infrastructure,hardware,networks,
systems upgrades
• An ongoing source of CIP Paygo
• Note This list is not in priority order.For more detailed information on unmet needs,see
pages io and a of the School Board Proposed Operating Budget FY 2016-o7Document
VIRGINIA BEACH
CITY PUBLIC SCHOOLS
CHARTING THE COURSE
Below are the cost-cutting strategies used in the past:
Past cost-cutting strategies:
-Increasing class sizes •,,
'Eliminating central office
positions � •9,` . ,,� .,�t4 8.
.4-00
•Closing a school oy,
-Eliminated programs •..p
•Revising overtime policies Ark;
-Cutting across the board " ; -
non-personnel budget line ._ �•,�► . "
items
•Hiring Freeze
April 19, 2016
6
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
Below are some of the major changes to the State's Budget from March to April:
Major Budget Changes from March to April Amended
Governors Budget to General Assembly&Adjustments to Local Estimates
/ The proposed budget included a 2 percent salary increase effective
July 1.
► The amended budget includes a 2 percent salary increase effective
July 1 and an additional 1 percent effective December
>>>how we got from 2%to 3%—not a painless change<<<
/ An additional.34%will be added to salary increase and be effective
December(Note:was not included in April Amended)
/ The proposed budget included additional instructional positions
using funding from a new state initiative introduced by the Governor.
► The General Assembly moved that funding to provide more flexibility
to school divisions.
Instructional Positions Proposed Amended
Extended Day Kindergarten teachers 30.0 4.0
Teachers to provide class-size assistance(HS) 10.0 4.0
Fine Arts Teachers 5.6 o
Grad Labs'teachers(HS) 6.o 3.o
Schools will offer employees a raise mirroring that for City employees:
Employee compensation update
The amended budget had a 3 percent raise for employees.
a�M4��o
1�0
Thanks to the City Manager and his budget staff working in collaboration
with Dr.Spence and the schools'CFO,we believe we will be able to offer
a 3.34 percent raise,which mirrors the proposed raise for City employees.
April 19, 2016
7
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
FY 2016/17 Revenue Comparison
Adopted 2016 Amended 2017 Difference
Revenue Sharing Formula 403,917,608 410 762,832 8,845,024
Less:Debt Service (44,756,843) (45,819,477) (1062,634)
369,160,765 384,943,155 5,762,390
Less:GRC (2,885,023) (3,681,081) (796,038)
356,275,742 361,202,094 4,966,352
Less:PAYGO for CIP (642,448) - 642,448
355,833,204 381,262,094 5,020.400
Sandbridge TIF - 409,000 409,000
School Reserve Fund 8,299,318 5,000 000 (3,299,318)
363,932,612 368,671,094 (2,090,318)
Federal Funds 12.476,532 12,476,532 -
StaleFunds 321823,480 338,165630 16,342,150
Other Local Funds 3,418,341 3,418,341 -
701,650,964 720,731,597 16,342,150
Grants and Other Funds 106,440,706 101,861485 (4,588,221)
008,100,670 622,693,082 (4,500,221)
Operating Transfer to GRC' - 3,681061 3,881,061
TOTAL BUDGET 000,100,670 02 74,143 10173473
Numbers do not include.34%-only numbers as of 4/5/16
CAPITAL
IMPROVEMENT
PROGRAM
�• ,S 0
VIRGINIA BEACH
CITY PUBLIC SCHOOLS
CHARTING THE COURSE
April 19, 2016
i I 1 II
8
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
Below are the Highlights to the Schools CIP:
CIP Highlights
Projects Under Design/Construction
CIPS Const School Construction
Start Complete
Kemps Landing(2957)
2-233 2024 201
Old Donation School(1965) 7
John B.Dey Elementary School
1.035 2027 Modernization(1956) 2019
Total 2 Facilities/3 Schools-$87 Million
Modernization/Replacement Status
School Opening Construction Opening Construction
Date Complete School Date Complete
Linkhom Park ES 1955 1998 Arrowhead ES 1965 2004
WT Cooke ES 2906 2999 Hermitage ES 2964 2005
Seatack ES 2952 2000 Pembroke Meadows ES 1969 2006
Bayside ES 1941 2000 School Plant/Supply 1938 2007
Creeds ES 1939 2001 Windsor Woods ES 1966 2007
Shelton Park ES 1954 2001 Brookwood ES 2968 2007
Thalia ES 1956 2001 Newtown ES 1970 2ooB
Luxford ES 1961 2002 Windsor Oaks ES 1979 2009
Kemps MdwsES 1959 2002 Renaissance Academy 1960 2010
Woodstock ES 2957 2002 Virginia Beach MS 1952 2010
Kempsville ES 1961 2003 Pupil Transportation 1936 2011
Malibu ES 1962 2003 College Park ES 1973 2011
Pembroke ES 1962 2004 Great Neck MS 1961 2012
Lynnhaven ES 1963 2004 Kellam High School 1962 2024
Trantwood ES 1963 2004
April 19, 2016
9
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
What's In This CIP
• Additional Energy Performance Contracts Projects
• $15 Million over three years
• Kempsville High School Entrepreneurship and Business and
Academy
• $950,00 over two phases
• John B.Dey Elementary School Modernization
• Funding advanced—spring 2017 start/2019 completion
• Thoroughgood Elementary School Replacement
• Funding advanced—potential to advance opening from 2020 to 2019
• Princess Anne Middle School
• Fully funded—opening advanced from TBD to 2021
• Renovations&Replacements—Grounds Phase II
• Funding increased in 2016/17 to construct additional parking at
Renaissance for ALC move
• Renovations&Replacements—HVAC Phase II
• Funding increased by$2 Million in 2016/17
• Princess Anne High School Replacement
• Funding increased in outer years,opening date still TBD
VBCPS Long Range Facilities
Master Plan
• Phase I: • Phase II: • Phase III: • Phase IV:
1.Kellam HS no.Kempsville HS 17.North Landing ES 26.Technical&Career
01.Kempsville MS 18.Bayside HS Education Center
3.College Park ES u.Bettie F.Williams ES iy.Lynnhaven MS 27.Holland ES
4.=ME= 13.Princess Anne ES Co.Green Run ES a8.Point O'View ES
5.Princess Anne HS 54.First Colonial HS es.Independence MS eg.White Oaks ES
6.=NE25.King's Grant ES aa.Fairfield ES 3o.Indian Lakes ES
7.Old Donation Center 26.Plaza MS 23.Kingston ES
8.'Minds Landing Magnet ay.Bayside MS
9.Plaza ES-Closed 25.Alanton ES
• The Steering Committee also recommended that facilities not recommended
for modernization,renovation,or replacement continue to be properly
maintained through on-going maintenance and component replacement.
April 19, 2016
10
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
Historical/Projected Funding
70SO
..
60
II
oo
oo
4 ^�
C ,to
y
1 ,LO 1p 10'P oy\
0 twical CIP Cw,.,I6 YPir CIP 1
Funding Sources
in�r: 1
261637 ;2°117/18 2°8/19I 2o19r2o 2+2or21 2021/22
Charter sows 52,300,000 45,300,000 32,300,000 47,300,000 32,300,000 32,300,111
Sawbridge 3,591,000 3,591,000 3,591,000 3,591,000 3,591,000 3,591,016
Pabhc Facility 0 0 0 0 0 6
Revenue Bonds
PayGo 0 0 0 1,000,000 1,500,000 2,000,016
Interest/Sale of 400,000 0 0 0 0 6
Property
Energy Perform'''' 5,000,000 5,000,000 5,000,000 0 0 1
Contracts Funding
State Construction 0 0 0 0 0 6
Grants
Lottery Funds 0 0 0 0 0 1
Total $61,291,000$53,891,000$40,891,000$51,891,000$37,391,000$37,891,166
(Highlighted areas indicates an increase in funding)
April 19, 2016
11
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
VIRGINIA BEACH CITY PUBLIC SCHOOLS
ITEM#65841
(Continued)
Funding Summary
10475000 10475000 15`0000 1325000 1000 • 030) 1
��,I� ��� 1500000 1e000000 11ro 000 1e00000
0
T43nb Cmnt R.,83488
n4-PSw II 1000 0(0 1 000000 CO 030 200 000 200 000 200 000 0 0 0
CIInstructional Tc,01407-CU II 842 448 842 448 842 448 0 0 0 0 0 0
1::m.lohn B Dtlentontsry Salta
23 280 241 23 280 241 8 887 000 18 402 241 0 0 0 0 0
28271000 28270000 0PP 14000000PP 0 0 0
Clif78 873 750 78813750 0 14 850 000 20401000 28888000 0 0
C,Rr00nN-PM1gvrblu rWolma $-
0, mai411 n18 750 000 10 750 000 8 100 000 1 575000 1 250 000 1 325 000 1 400000 1 500 000 1 800000
®12411 -* W p
n1A l.vrmm4
X9440-PP.I14441 15881124 15881124 34142124 1825000 5 700 000 8 350 000 8 750 000 1250 000 7 850 000
EIRy 55035830 55035830 27580830 3475000 4000000 4450000 4700000 5 000 000 5350000
R4mvrbPI EndWc
ii •nwnt.-
V4Mnu4-P5w4 23035000 23035000 11480000 1850000 1 750 000 1 850 000 1415000 2 100 000 2250000
105000 000 45450000 0 0 0 0 0 588 000 10 841 000 18 041 000
IMEn4ryy PMw�nw Contracts
PIIc41 5000000 15 000 000 0 5 000 000 5000000 5000000 0 0 0
MMEREERIII. 450 003 450 000 450 000 0 500 000 0 0 0 0
=e9.803 Landing/0M CO*, 83815000 03815000 0 0 0111M 0 0
Questions?
Mayor Sessoms, on behalf of City Council, expressed appreciation to the School Board Chair, Members
and the entire School Staff for their dedication to the City's future.
April 19, 2016
12
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
QUALITY EDUCATION and LIFELONG LEARNING
LIBRARIES
ITEM#65842
3:42 P.M.
Mayor Sessoms welcomed Eva Poole, Director—Public Libraries. Ms. Poole expressed her appreciation
to City Council for their continued support:
MBCity of Virginia Beach
Public Libraries
Discover the World
Budget Workshop April 19, 2016
Eva Poole, Director
-41
Below is the Department's FY2016-2017 proposed Operating Budget:
Virginia Beach Public Library Operating Budget
Program Unit FY 15-16 FY 15-16 FY 16-17 FY 16- Change FY 16
Amended FTE Proposed 17 FTE Amended to FY 17
Proposed
MEO Central $2,704,141 48.5 $2,518,103 453 $(186,038) -7.4%
Library
Joint Use Library 1,936,237 35.5 1,875,022 34.5 (61,215) -3.3%
7 Area Libraries 5,722,448 106.5 5,670,461 106 (51,987) -0.9%
Youth&Family 1,102,256 16 1,233,235 18 130,979 10.6%
Services(ELO)
Administration,
Records,Gift 1,877,070 203 1,836,885 20 (40,185) -2.2%
Fund
Support Services
(Materials Mgmt& 4,628,284 23.5 4,287,044 24.5 (341,240) -8%
Tech Services -
Subtotal $17,970,436 250.5 17,420,750 248.5 (549,686) -3.2%
Wahab Public 545,766 3 306,639 3 (239,127) -78%
Law Library'
Total $18,516,202 253.5 $17,727,389 251.5 $(788,813) -4.4%
April 19, 2016
I I I
13
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
QUALITY EDUCAHON and LIFELONG LEARNING
LIBRARIES
ITEM#65842
(Continued)
The majority of the Department's expenditures are related to Personnel:
FY 2016-17 Budget
[VALUE] [VALUE]
[PERCENTA [PERCENTA
GE] GE] [VALUE]
[PERCENTA
GE]
Revenue by Category or by Fund
$306,639
$1,910,020 1.6%
■General Fund Earned Revenue ■Law Library 9.7%
Budget by Expense Category
11.1M*
s Personnel ■Operations 3
Books&Materials ■Law Library
Below are the affiliate groups partnering with the Department:
VIRGINIA BEACH PUBLIC LIBRARY
AFFILIATE GROUPS
4P410
O/!t , LIBRARY FOUNDATION
VIRGINIA BEACH
i
FRIENDS nooK /
HOE
vvymu eeocn Pvt.I_WO, \'II+1:1\1\I9iYl1fta9Y LIBRARY
132+
Friends of VBPL
active members 975 29,015
$122,000 $840,632 $17,800
granted to annual value or volunteers grantedto
Virginia Beach Public Library Summer Reading Challenge
for FY 2016 in 2015
April 19, 2016
14
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
QUALITY EDUCATION and LIFELONG LEARNING
LIBRARIES
ITEM#65842
(Continued)
The Department continues to enhance customer experience through the use of technology:
ENHANCING THE CUSTOMER EXPERIENCE 181,497
El
THROUGH TECHNOLOGY a-books
«�-
E 254,297
..-
1� tlowNooded
',
A
72,800
I.GM audlobooks 0
Nature w°b.R°
pope views
400+ M1 %
Mil
292,689 •
PUBI C COMPVIER ` ,Ah
SEs510N5 ANNVAI � 'a� ,*P
Below are the Department's Key Initiatives:
LIBRARY �
KEY INITIATIVESAttl (11:—.11.8M 1, t, yelled Vegeta B
eat
J
Y " �"a` 320,266*
7,032 : ," Ba�
4� =
AR
1 23 yM
B 8
, ,„”. 41YR6bb � g3 ,k
' JB— k:
823 819,147
153,931 =I
April 19, 2016
1
15
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
QUALITY EDUCATION and LIFELONG LEARNING
LIBRARIES
ITEM#65842
(Continued)
LIBRARY
KEY INITIATIVES
The Virginia Beach Pudic Library has mar \, 4;
lob and career resources,inckKBrtg Job
H',::
BdtP;help with resumes and interviews, \
books and articles and computer classes.
VBPL partners wit:
•Hampton Roads Workforce Development Board ••
•OiC rree ny,Inc. �'
•Qveer Access Network ,'
•SCORE Hampton Roads
•Service Corp,of Retired Executives
•eankOn k
•Financial munvelors
•Souduastem'lidewater e>F,portunity Project of
Hampton Roads(STOP)
, 00 — i
450+ FEDERAETAX 4,091
00 l.A OYh nouns RETURNS MEDmu,w+.�•a Ox,i rn..tYg morn
1, dmtlopnwn ,....n.,,,,,,
!IBRARY- Tale 1
KEY INITIATIVES f/4)/K(J
Partnership -
c$(f Youth Participation with Vuginlo Beach r
ltltlMa. City Public schock F 3
9748 11,
Teen Participation
'
'`''l Tit 500+is t
M .+
71,
ipp `a§ w aan t:
55055 maiatp M ea ed
iheii recd g
7 Vegvria tUach
rV(1� P.414.0.4 s'"n
Stop
int.cease in items Slummychecked out duliny 3kS.745 (,
the summer j Slide
April 19, 2016
16
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
QUALITY EDUCATION and LIFELONG LEARNING
LIBRARIES
ITEM#65842
(Continued)
— -..•® ..
LIBRARY- 4
KEY INITIATIVES -
�
oft , „IQ I.,41,,,„1,; :,is . I,
tj
VPn )
I4r.'‘ B
. ,,A 0 ....—.------•-- ---''...'.--
21,571 231 1,945 5,943
scnocxed rea<ne•s ossiea auaems zar.ed mios vo�eiea
o�1icn wnzcnooiz
Our ELO team made 1,501 visits to 137 preschool classrooms.
Below are the Department's Significant Issues:
LIBRARY-
SIGNIFICANT ISSUES
Mooting Room locations Currant Foos Proposed Fees
llayside,Princess Anne,Great Neck 4r $10/ltour $20/hour
Kempsvtlle libraries
Central Library-Libris&Folio rooms $10 tour $30/hour
Central Library Auditorium $25/hour $40/hour
State Aid from Library of Virginia
• $221,637 in State Aid
• $157,481 to meet target
Mayor Sessoms thanked Ms. Poole and the entire Stafffor a job well done.
April 19, 2016
17
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
4:05 P.M.
Mayor Sessoms welcomed Michael J. Kalvort, Director—Parks and Recreation. Mr. Kalvort expressed
his appreciation to City Council for their continued support:
t a?
(...j."
.. 1
Parks and Recreation
Budget Workshop April 19, 2016
Michael J. Kalvort, CPRE
Below are the Resident's Priorities. In summary, the residents feel it is important to support community
access physically, economically and socially; enable Citizens and visitors to enjoy the City's outdoor
environment; enable Citizens and visitors to pursue healthy, active lifestyles; and, improve and maintain
existing parks,playgrounds, and recreation centers:
Parks and Recreation
• Our Resident's Priorities
—Community Access
—The Environment&Outdoors
—Healthy Lifestyles foRAccpF
—Stewardship
r___
.,,9,,: APRA °.
.■■■■:
W
qiir III IP .>
9,f V
'14,,, VIE RECREPO).
April 19, 2016
18
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
Below is the Department's FY2016-2017 proposed Operating Budget:
Parks and Recreation Operating Budget
Program Unit FY 15-16 FY 15-16 FY 16-17 FY 16-17 Change FY 16 Amended
Amended FTE Proposed FTE to FY 17 Proposed
Director's Office 3 318,411 2.0 $ 317,069 2.0 $ (1,342) -0.42%
Landscape $ 19,245,627 247.0 $19,665,193 247.0 $ 419,566 2.18%
Management
Recreation 13,172,144 284.0 514,841,351 3419 5 1,669,207 12.7%
Centers
Out-of-School $ 4,703,699 132.8 $ 4,474,452 124.0 $ (229,247) -4.87%
Time
Parks&Natural $ 2,614,313 61.7 S 2,547,750 60.4 $ (66,563) -2.55%
Areas
3
The Department has shifted various staff to better align with the programming increase:
Parks and Recreation Operating Budget
Program Unit FY 15-16 FY 15-16 FY 16-17 FY 16-17 Change FY 16 Amended
Amended FTE Proposed FTE to FY 17 Proposed
Open Space $ 522,728 7.4 S 532,550 7.4 $ 9,822 1.88%
Programming $ 1,841,061 35.3 $ 2,157,626 39.9 $ 316,565 17.19%
Sports $ 1,732,795 24.2 $ 1,717,626 24.0 $ (15,169) -0.88%
Management
Youth $ 422,219 3.0 $ 401,556 3.0 $ (20,663) -4.89%
Opportunities
Planning Design&$ 645,196 7.0 $ 643,091 7.0 $ (2,105) '-0.33%
Development
April 19, 2016
11
19
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
Parks and Recreation Operating Budget
Program Unit FY 15-16 FY 15- FY 16-17 FY 16-17 Change FY 16 Amended
Amended 16 FTE Proposed FTE to FY 17 Proposed
Marketing&
Resource $ 1,013,734 7.0 $ 872,978. 7.0 $ (140,756) -13.88%
Development
Business Systems $ 1,682,032 18.7 $ 1,701,056 18.7 $ 19,024 1.13%
Subtotal
547,913,959 830.1 $49,872,298 8823 $ 1.958,839 -41%
Operatic=
Transfers $ 2,511,550 0.0 $ 1,561,550 0.0 $ (950,000) -37.83%
Reserves $ 160,016 0.0 $ 402,922 0.0 $ 242,906 151.80%
s
Parks and Recreation Operating Budget
Program Unit FY 15-16 FY 15-16 FY 16-17 FY 16-17 Change FY 16 Amended
Amended FTE Proposed FTE to FY 17 Proposed
Debt Service $6,346,457 0.0 $7,256,218 0.0 $909,761 1433%
Future CIP 0 0.0 $237,346 0.0 $237,346 -
Commitments
Subtotal Non- $9,018,023 0.0 $9,458,036 0.0 $440,013 4.88%
Operations
Total $56,931,982 830.1 $59,330,334 8823 $2,398,352 4.2%
April 19, 2016
� I
20
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
The majority of the Department's expenditures are related to Personnel:
FY 2016-17 Budget
$1,167,906 $632,S34
7,096 LI%
$3,121,160
5996-
Budget by Fund
u,llasrl Ka•00°
svis
•P&R Special Revenue Fund
■General Fund -1
❑Open Space Fund
■Schools landscaping Internal Service Fund
■Other Funds
Budget by Expense Category
®Personnel ■Operations
❑Debt Service ■Reserves and Transfers
■:pial
Below are a few of the Department's Highlights:
Parks and Recreation Highlights
• Bow Creek Recreation Center-Opened March 2015
— 297,843 participants
• Celebrated our 60th Anniversary with a discounted
membership price of$60 for the day
—3,634 new members
• Partnered with CVB to bring 25 multi-year weekend
tournaments to PAAC
• Virginia Beach Outdoors Plan Update Completed
• Tree City USA Award-36th Consecutive Year
April 19, 2016
21
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
Parks and Recreation Highlights
• Students on the Swim (SOS) -American Red Cross
swimming lessons has expanded to 8 Title One
elementary schools and three additional schools
• 100% funded by community donations
fit '14
'
a.? ' ..
Below are the results from the most recent Citizen Satisfaction Survey:
Citizen Satisfaction Survey Results
• 97.3 % of residents are satisfied with our
recreation centers
• 93.5% of residents are satisfied with our parks
• 91.7% of residents are satisfied with the overall
appearance of the City
•
\ dye': &.�
JFY
_ µ
April 19, 2016
22
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
Below are the proposed fee increases :
Recreation Center Fee Changes Include:
Fee Description Fee Change
Adult Annual Resident Fee From$86 to$98
Senior Annual Resident From$69 to$79
Youth Annual Resident From$34 to$37
OF
-
Y _
AI
�~ 1
Premier Membership Option for all Recreation Centers will give residents unlimited group fitness classes
similar to other gyms, such as, Inlet and One Life. The proposed annual fee for Citizens is $285 or$34
for a month-to-month membership. The proposed annual fee for non-residents is $503 or $47 for a
month-to-month membership:
Parks and Recreation Highlights
• Proposed Customer Service Enhancements
—Premier Membership Option includes unlimited
group fitness classes
—Drop-In child care for group fitness participants
hq w
•
to
II rj
'1
'It
u
April 19, 2016
II
23
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
Parks and Recreation Highlights
• Support Vision Virginia Beach 2040
— Urban forest management funding allowed
maintenance pruning of street trees
— Meadow Management program
saves approximately$1 million 1.,, ` F
in annual maintenance costs
— Volunteers provided over 119,600 hours of
service,an equivalent of 57.5 FTE's and
$2,760,948 during FY 16
13
The budged amount reflects lower fuel prices in addition to the Department's 5%reductions:
Parks and Recreation Highlights
— Roadway maintenance frequency
remains at 18 days enhanced from a
21-day cycle
— Fully implemented fleet tracking system,
which is projected to reduce fuel
consumption by another 5%
14
April 19, 2016
ii
24
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
The Department will be closing School-based Kinderbuddies at Glenwood and Thalia Elementary
Schools due to low enrollment. However, KinderQuest afternoon programs will continue at
Thoroughgood and Cooke Elementary, as well as Kinderbuddies at Princess Anne, Bow Creek and
Williams Farm Recreation Centers:
Parks and Recreation Changes
• KinderQuest program:
— Afternoon programs will continue at Thoroughgood and
Cooke Elementary
• Kinderbuddies School based Program:
— Closing programs at Glenwood and Thalia due to low
enrollment
— Program will continuy�e. to be offered at recreation centers
•1
*Mir At,14-
Below are the changes/reductions in special events:
Parks and Recreation Changes
• Pottery/Ceramics-Classes will continue through the
end ofFY17
• Special Events-Reducing events based on customer
participation-Events include:
—Artisans in the Park
—Family Fishing Clinic
—Native American Pow Wow
—Sk8r Bash
—Star Party
16
April 19, 2016
25
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
Parks and Recreation Challenges
• Working collaboratively with Budget&
Management Services to proactively plan for
debt service through 2035
• Difficulty in recruiting and retaining part-time
team members as economy improves
The Kempsville Recreation Center is currently under construction and will serve both the Kempsville and
Centerville Districts:
Parks and Recreation Looking Forward
• Kempsville Recreation Center is currently under
construction
• Anticipated opening- 1st quarter of 2017
• IIncludes park improvement to Lark Downs Park
4
-e_ �c ..� - a s _. 1• - -.
3
i
r.`Wd[� 9�fillill Int 1111
April 19, 2016
i 1 II
26
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
PARKS and RECREATION
ITEM#65843
(Continued)
Thank you! Questions?
ift.4 7C /
F d�
9
''''' .", A ‘11-:- l' AIL I '' ''''' ' ::'
a '' +
fd .. q".
Experience the Fun!
Virginia Beach Parks and Recreation '°
Mayor Sessoms expressed his appreciation to Mr. Kalvort and his entire Stafffor a job well done.
Mayor Sessoms advised City Council would take a break and reconvene at 4:30 PM.
April 19, 2016
27
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
CULTURAL AFFAIRS OFFICE
ITEM#65844
4:30 P.M.
Mayor Sessoms recalled the City Manager's Briefings to Order.
Mayor Sessoms welcomed Emily Labows, Director — Cultural Affairs. Ms. Labows expressed her
appreciation to City Council for their continued support:
City of Virginia Beach
Cultural Affairs
Cultural Affairs
Budget Workshop - April 19, 2016
Emily Labows, Director
Below is the Department's FY2016-2017 proposed Operating Budget:
Cultural Affairs Operating Budget
Program Unit FY 15-16 FV 15 1 6 FY 16-17 FY 16-1 7
Amended FTE Proposed FTE Change FY 16
Amended to FY 17
Proposed
Cultural Affairs 567,924 3.00 561,920 3.00 (6,004) (1.06%)
Sandler Center 1,041,607 - 1,015,680 - (25,927) (2.5%)
VA Museum of
Contemporary 225,000 - 225,000 - - 0.0%
Art
Arts and
Humanities 500,000 - 500,000 - - 0.0%
Commission
Boardwalk Art 50,500 - 50,500 - - 0.0%
Show from TIP
Tota/ 2,385031 3.0 2,353,100 3.00 (31,931) (1.34%)
z
April 19, 2016
1 i 1 11
28
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
CULTURAL AFFAIRS OFFICE
ITEM#65844
(Continued)
The majority of the Department's expenditures are related to Operations:
FY 2016-17 Budget
$50.500
2.2%--,
Budget by Fund
41. a=
■General Fund p TIP Special Events $7119,110
33.6%
Budget by Expense Category
IMIMMIN
ri Personnel■Operations Grants/Contributions
3
Below are the Department's Highlights:
Office of Cultural Affairs Highlights
SANDLER CENTER Management Contract:
Hosted 148,112 attendees,400 events
11 Sold-out Great Performance Series shows(FYI 5)
Volunteers have clocked 20,584 hours,saving the City almost$475,000
7th Annual"Ynot Wednesdays?"attracted 39,797 patrons,and returned
over$47,000 back to the Sandler Center Foundation to support
education programs I
r ''' „6f lE I
.I-771ia' '.T , �
r
1 E
4
April 19, 2016
29
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
CULTURAL AFFAIRS OFFICE
ITEM#65844
(Continued)
Below are the Department's Highlights:
Office of Cultural Affairs Highlights
Sandier Center Foundation
Foundation hired a full-time Executive Director: Lisa Baehre
100%of Title I schools in Virginia Beach were served
The Foundation also provides funding for the Virginia Beach Public School's All
City Music Festival,Senior Citizens Dance programming,the Salvation Army's
Heartstrings program,two Virginia Symphony PM shows,and the VB Forum
5
Office of Cultural Affairs Highlights
Virginia Museum of Contemporary Art(MOCA):
2000 artists,almost 1000 arts program events over the past year
MOCA's upcoming Turn the Page:The First Ten Years of HI-Fructose
Arts and Humanities Commission grant programs and Commission-
sponsored projects
• Funds over 450 events&programs
• S.71 of each$1.00 is return to the City
IF SS'` 1 , 8 ~.
April 19, 2016
i I i
30
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
CULTURAL AFFAIRS OFFICE
ITEM#65844
(Continued)
City Council established ViBe Creative District in April 2015 which celebrated their one (1) year
anniversary:
ViBe Creative District - 1 Year
Anniversary
ViRr
V
,,. ��'
tlff.KSiJEC1S � p }
- e
-art ,.. ,•:.
f
fF
8
April 19, 2016
1
31
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
CULTURAL AFFAIRS OFFICE
ITEM#65844
(Continued)
Growing Creative Businesses in ViBe zb
Ashton Keely , MOCA Satellite Gallery at Pavilion II
Bad Ass Coffee , North End Bag Co.
Benevolent Design Co.
Bluebird's Garage , Old Beach Farmers Market (up to 35
Chartreuse vendors)
Chesapeake Bay Distillery _ Old Beach Green Market(up to 13
Commune vendors)
Croc's 19'^Street Bistro , Old Beach Art Market(up to 12 vendors
Davis Advertising Agency Roost Flowers
Dragonfly Studio
Esoteric Restaurant The Stockpot
Fabre , Studio 17: Onietonie Co.Designs
Flo Pilates Studio , Three Ships Coffee
Found Objects
Gallery at Towne Pavilion I Urban Design
Hardy's/The Art of Jewelry
Hearth Wood Fired Cuisine&Craft Beer ' Vintage Wild Orchid
Hudson's Luxury Building Design , Virginia Museum of Contemporary Art
Igor's Custom _ (MOCA)
Java Surf , Waller Todd Sadler Architects
) I , WRV Surfboard&skateboard shaping
�� 'S;II, . Zoe's Steak&Seafood
7 , 17.Street Surf Shop
Below are the Community Art Projects created in accordance with City Council's Vision:
Community Art Projects
Art Projects to Create a Sense of Place and Identity for the District:
Creative Crosswalks
• 2 Crosswalks on 18th Street
• Open call to all artists in Hampton Roads
0,�Hp
CONEORARTS
FOR
ARTSL., NB BUSINESS 6)
CREATIVE Cultural Affairs SUPPORT
CONGRATULATIONS CREATIVE
CROSSWALK ARTISTS:
STEVEN SCHMUCKER AND RICHARD NICKEL!
April 19, 2016
32
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
CULTURAL AFFAIRS OFFICE
ITEM#65844
(Continued)
EAST CROSSWMX
18TH a CYPRESS
_ b _
1 �
b
V1 �
T 1
WEST CROSSWALK @ y y
18TH 8 MEDITERRANEAN
'71 fi �
so' ]r
P i
ry it
VIBE Creative District-Community Events
ANNIVERSARY j t
BLOCK PARTY
IN THE VIBE :�°
MAY 7,2016INOON•4PM p • , Y eg —
]AN9MfiiMRIITI MOWN ANNNT 6 g 1 pig':S?
t
CR
ENJOY AN EVENING Of OWRY " n „�
IOW AIR ANO FAMLIMION r I dia. ia
`• o f+a �s
� ® E
• p •• ,
...... .... Anniversary Block Party celebrating the
l St Anniversary of the VIBE Creative
District non-profit and the 2nd
Anniversary of First Friday VIBE.
41/28t
Il
April 19, 2016
33
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
CULTURAL AFFAIRS OFFICE
ITEM#65844
(Continued)
Looking Ahead
► Implementation of Arts Plan 2030
• Public Art
• Advancing the ViBe Creative District
Culturally Relevant Programming & Facilities
► Arts Economic Impact Study
` «f
V
IR NI - EACH
AN 2030
OFFICE OF CULTURAL AFFAIRS
www.v bgo v.com/a r t splen 2030
13
Below is an overview of the coming attractions:
*
Coming Attractions t_
HI
THE FAG C. ^jl SDN
I AHTS
1111.1.11101111111.
K4 A e "fi b"S b g
grana ` "„nate
MAY 5.2 0 I t•3 Ptor
Tf v P vfolf,pmo � ._ }pN' N\�
lo rot,o
. ". I•
=moi � 1 to
Mayor Sessoms thanked Ms. Labows and the entire Team for their work.
April 19, 2016
1 II
34
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
AQUARIUM and HISTORIC HOMES
ITEM#65845
4:40 P.M.
Mayor Sessoms welcomed Lynn B. Clements, Director — Museums. Ms. Clements expressed her
appreciation to City Council for their continued support:
G " G
ro
,„
f, "^
„... .„,„
Department of Museums
Budget Workshop April 19, 2016
Lynn B. Clements, Director
"Our natural environment and conservation efforts are
celebrated in our museums and cultural offerings and attract
regional and national visitors."
City of Virginia Beach Vision 2040 Goal
The City's investment in the Owls Creek Master Plan resulted in increased revenues totaling$8.3-Million
and the highest earned revenue in history:
Recent Successes
ran
: tr !i %—
Ili lin
4t
xa Aa.eomr
�y �: � W dDunma<'s nge at ThorougM1good House
Ivt s I i Mrm1,,..,
,i ill i , + t .
The Adventure Park at Ue Virg nh Aquarium Gpsal Mves[ments w Wsrory Museums
April 19, 2016
35
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
AQUARIUM and HISTORIC HOMES
ITEM#65845
(Continued)
By considering the Mission Statement as a guide in developing the proposed Budget, the Budget is tied to
the Department's Core Functions. By sticking to the CORE, the Department continues to thrive over the
long-term and ensures the Department stays focused on projects that may become ancillary and create
inefficiencies:
Core Budgeting
The mission of the Department of Museums is to contribute to the quality of life,
economic vitality and education of the citizens of and visitors to the City of Virginia
Beach through operation of a world-class aquarium and history museums.
Core Functions:
ffi Education
• Share our rich Virginia Beach History
• Provide engaging educational experiences
I Quality of Life
• Provide world-class Museums for citizens and
visitors
• Promote Environmental Stewardship through
education,exhibits and sustainable practices
Economic
4.Economic Vitality Vitality
• Generate revenues to support operations
• Generate taxes for City and State
• Create partnerships that generate support
revenues and taxes
• Raise funds in support of operations
Below is the Department's FY2016-2017 proposed Operating Budget:
Department of Museums
FY 2017 Operating Budget
Program Unit FY 2016 FY 2016 FY 2017 FY 2017 Change
Amended FTE Proposed FTE FY 2016 Amended
to FY 2017 Proposed
Virginia Aquarium $11,287,234 152.82 $10,715,843 146.57 ($571,391) (5.1%)
History Museums 859,772 11.65 584,178 8.18 ($275,594) (32.1%)
Total $12,147,006 164.47 $11,300,021 154.75 ($846,985) (7.0%)
April 19, 2016
11
36
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
AQUARIUM and HISTORIC HOMES
ITEM#65845
(Continued)
The majority of the Department's expenditures are related to Personnel:
FY 2016-17 Budget -$11,300,021
$1,428,211
13%
$1,303,235
11%
4E2=
[VALUE]
[PERCENTA
GE]
•General Fund x VAC]Foundation ■Earned Revenue $1,45,157
15%
Expense Category
Personnel ■Contracted/Internal Services
Supplies/Other Charges
Below are the Department's major Budget changes:
Museums Major Budget Changes
w Aquarium Veterinarian—Add 1 Full-Time FTE
44Aquarium Custodial—Transfer to Public Works
44 Historic Houses—New Operating Model
W Aquarium Veterinary Care Center—Phase II (CIP)
• FY 2019 Construction 10,637,869
April 19, 2016
37
CITY MANAGER'S BRIEFINGS
FY 2016-17 MANAGEMENT RESOURCE PLAN(BUDGET)
CULTURAL and RECREATIONAL OPPORTUNITIES
AQUARIUM and HISTORIC HOMES
ITEM#65845
(Continued)
Conclusions
Department of Museums is:
t Economic Driver(City Council Goal 2014-2019)"Be a Competitive,First Class Resort;"
"Grow the Local Economy."
• Produces Tax Revenues
• Creates Economic Impact
II Educational Asset(Vision Virginia Beach 2040)"Students are prepared for success at
every stage of their educational journey."
• Fosters Young Imaginations
• Provides skills for a productive 21'Century Workforce
It Cultural Legacy(Vision Virginia Beach 2040)"The Virginia Aquarium is the benchmark
for U.S.Aquariums,""Our natural environment and conservation efforts are
celebrated in our museums and cultural offerings and attract regional and national
visitors."
• Preserves our unique background and heritage for future generations
Mayor Sessoms expressed his appreciation to Ms. Clements and her entire Stafffor a job well done.
April 19, 2016
11
38
CITY COUNCIL
COMMENTS
ITEM#65846
4:59 P.M.
Councilman Moss has been in communication with the City Manager regarding the Parks and Recreation
Building. He applauds the reduction and eliminating the stone-dust walkway, pavers and a wall for
$472,000; but, he questions why those things were ever included to begin with. He hopes the City
Council will have a greater oversight of the process before another project is this far along. He still feels
that$278 per square foot for an administration building is too much.
April 19, 2016
39
CITY COUNCIL
COMMENTS
ITEM#65847
Councilman Moss advised he will be presenting a Revenue-Neutral Tax Rate Budget.
April 19, 2016
40
CITY COUNCIL
COMMENTS
ITEM#65848
Council Lady Kane advised the Minority Business Council is hosting the Spring Contractor's Roundtable
tomorrow from 1 to 4 P.M. at Tidewater Community College.
April 19, 2016
II
41
CITY COUNCIL
COMMENTS
ITEM#65849
Council Lady Ross-Hammond expressed appreciation to those that attended the Budget Town Hall.
Council Members Davenport, Dyer, Kane and Wilson also participated.
April 19, 2016
42
CITY COUNCIL
COMMENTS
ITEM#65850
Councilman Davenport advised he has received several phone calls from Croatan residents regarding
their beach erosion.
April 19, 2016
43
CITY COUNCIL
COMMENTS
ITEM#65851
Council Lady Ross-Hammond attended the Princess Anne County Training School Reunion. Over 530
attended.
April 19, 2016
44
CITY COUNCIL
COMMENTS
ITEM#65852
Council Lady Ross-Hammond advised there is a business call with the expansion of Talk—Family. This
will provide the City with an opportunity for more jobs.
April 19, 2016
11
45
AGENDA REVIEW SESSION
ITEM#65853
5:02 P.M.
BY CONSENSUS, the following shall compose the Legislative CONSENT AGENDA:
J. ORDINANCES/RESOLUTIONS
1. Resolution to AUTHORIZE and DIRECT the Beaches and Waterways Commission to
study and make recommendations to City Council re rental of homes (EVENT HOMES)
for events in residentially zoned neighborhoods
2. Ordinances to AMEND City Code:
a. Section 23.22.1 re possessing an open container of alcohol in a public place
b. Section 21-359 re Resort Permit Area Parking with adjustments to revenues
c. Advertising/Streets and Sidewalks:
i. Sections 3-1 and 3-3 re on public streets,public rights-of-way or other
Public Property:
ii. ADD Section 3-6 re Motor Vehicle Signs
iii. REPEAL Section 3-2 re Billboards
iv. Section 33-113.1 re Subdivision Identification Signs
v. ADD Sections 33-114.4.1 re Roadside Guide Signs and 33-114.4.2 re Public
Art Sponsorship Signs
vi. Section 10-1 re renaming the Polling Place for Lynnhaven Precinct
3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Back Bay
Wildfowl Guild,Inc.for City-owned property at 1113 Atlantic Avenue
DISTRICT 6-BEACH
4. Ordinances GRANTING Franchise Agreements:
a. Open Air Cafés in the Resort Area:
Repeal Bourbon &Burgers Atlantic Avenue Sidestreet Cafe 202 22nd Street
Cancun Fiesta Atlantic Avenue Sidewalk Cafe 308 21st Street
Giovanni's Atlantic Avenue Sidewalk Cafe 2006 Atlantic Avenue
Lighthouse Boardwalk Cafe 1201 Atlantic Avenue
North Beach Boardwalk Cafe 3900 Atlantic Avenue
Yacht Club Boardwalk Cafe 2607 Atlantic Avenue
Chix Boardwalk Cafe 701 Atlantic Avenue
April 19, 2016
46
AGENDA REVIEW SESSION
ITEM#65853
(Continued)
b. Open Markets in the public right-of-way:
Old Beach Farmer's Market at 620 19th Street
to be relocated to 600 Block of 18th Street
Old Beach Art Market at 620 19th Street
to be relocated to 600 Block of 18th Street
Old Beach Green Market at 620 19th Street
to be relocated to 600 Block of 18th Street
5. Ordinances to EXTEND the dates for satisfying conditions in the matters of closing:
a. An unimproved right-of-way known as Scott Bend Lane
b. Unimproved portions of
i. Singleton Way(formerly Princess Anne Road)
ii. South Witchduck Road(formerly Kempsville Road)
iii. Princess Anne Road(relocated)adjacent to the North, East and Southeast
sides of Parcel "D"
6. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned
property:
a. Lake Joyce back of 4449 Lee Avenue(pier and slope revetment)
b. Lake Joyce back of 4453 Lee Avenue(boat ramp and slope revetment)
7. Ordinance to APPROPRIATE:
a. $380,325 fund balance of the Federal and State Seized Asset Fund to the Police for
equipment and software licenses
b. $176,442 in State revenue and TRANSFER$132,342 from the General Contingencies
to the General Registrar for the June Republican Primary Election
8. Ordinances to ACCEPT and APPROPRIATE:
a. $844,447 from the National Oceanic and Atmospheric Administration to Citywide Sea
Level Rise/Recurrent Flooding Analysis
b. $53,965 from Virginia Department of Health, $19,877 from EMS training classes
revenue and$36,460 from pre payments for stand-by duty at special events to EMS re
equipment and medical supplies
9. Ordinance to TRANSFER$400,000 from General Fund Neighborhood Dredging Reserves
to Beach Replenishment and AUTHORIZE an emergency beach replenishment at Cape
Henry Beach
COUNCIL LADY WILSON WILL VOTE VERBAL NAY ON ITEM#1
ITEM#2b/c(i-vi) WILL BE CONSIDERED SPEARATELY
COUNCILMAN UHRIN FILED DISCLOSURE FOR ITEM#2b
ITEM#4b WILL BE DEFERRED TO MAY 3, 2016
April 19, 2016
47
AGENDA REVIEW SESSION
ITEM#65853
(Continued)
BY CONSENSUS, the following shall compose the Planning CONSENT AGENDA:
J. PLANNING
1. TATTOO SKILLS TOO,LLC/DAM NECK SQUARE,LLC for a Conditional Use
Permit re a tattoo parlor at 1577 General Booth Boulevard DISTRICT 6—BEACH
2. STEPHANIE L. WEEKES for a Conditional Use Permit re day-care at 1205 Sydenham
Court DISTRICT 1 —CENTERVILLE
3. VEONCA EVANS/NHI HO for a Conditional Use Permit re day-care at 5490 Davis
Way DISTRICT 2—KEMPSVILLE
4. PEMBROKE SQUARE ASSOCIATES,LLC for a Conditional Use Permit re outdoor
recreation at 4554 Virginia Beach Boulevard DISTRICT 4—BAYSIDE
5. ASHDON BUILDERS,INC. &ESTATE OF BERTHA H. CAFFEE/ESTATE OF
BERTHA H. CAFFEE, THOMAS CLAY CAFFEE,JACKIE WELTON DAVIS,MARY
MELISSA CAFFEE-PEACOCK, JAMES M.SMITH,SR. (Owner): Change of Zoning
(AG-2 to R-10) Comprehensive Plan:Suburban Area re density Variance to Subdivision
Section 4.4(b): Floodplain—Princess Anne Road and Fenwick Way Conditional Change
of Zoninf(AG-1 &AG-2 to R-10) Comprehensive Plan:Suburban Area re density
Subdivision Variance to Section 4.4(b)re Regulations at Princess Anne Road and
Fenwick Way DISTRICT 7-PRINCESS ANNE
6. TITAN MYERS DEVELOPMENT,LLC/KHJ,LLC,BESS P.DECKER,MONICA
JOHNSON, TALMADGE C.HUNT,SR.REVOCABLE LIVING TRUST Conditional
Change of Zoning from R-7.5 Residential to PD-H2 (A-12 Apartment) between Daniel
Smith Road and Connie Lane, East of Newtown Road Comprehensive Plan:Suburban
Area re density for 35 dwellings-condominium ownership DISTRICT 2—KEMPSVILLE
7. CITY OF VIRGINIA BEACH
a. An Ordinance to AMEND City Zoning Ordinance(CZO)Sign Regulations:
i. AMEND Sections 210 through 218, 234, 303, 403, 501, 504, 605, 705, 805,
901, 905, 1001, 1005, 1503, 1533, 2210
ii. AMEND Oceanfront Resort District Section 6.3
iii. ADD Section 210.01 re General Regulations
iv. REPEAL Sections 211.1, 212.1 and 212.2
b. An Ordinance to AMEND the City Zoning Ordinance (CZO)Sections 111, 401, 501,
801, 901, 1001, 1110, 1125, 1421 and Oceanfront Resort District Section 5.2 re day-
care centers and family day-care homes
c. An Ordinance to AMEND and REORDAIN Section 506 of the City Zoning
Ordinance (CZO) re to add new "Figure 2—Roof Dormer Diagram"
ITEM#5 WILL BE CONSIDERED SEPARATELY
COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#5
ITEM#6 WILL BE CONSIDERED SEPARATELY
COUNCILMAN WOOD WILL ABSTAIN ON ITEM#6
April 19, 2016
48
ITEM#65854
Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED
SESSION,pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose:
Public contract Consultation with legal counsel employed or retained by
a public body regarding specific legal matters requiring the provision of
legal advice by such counsel pursuant to Section 2.2-3711(A)(7).
City View Two, L.L.C.
PERSONNEL MATTERS: Discussion, consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711(A)(1)
• Council Appointments: Council, Boards, Commissions,
Committees, Authorities, Agencies and Appointees
April 19, 2016
50
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
April 19,2016
6:00 P.M.
Mayor William D. Sessoms, Jr., called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Chamber, City Hall, on Tuesday, April 19, 2016, at 6:00 P.M
Council Members Present:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
INVOCATION: Reverend Lisa Dlubala, Pastor
Christian Church Uniting
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Sessoms DISCLOSED he is retired from Towne Bank (which has a corporate office located at
297 Constitution Drive in Virginia Beach), and no longer has any involvement in Towne Bank's
transactions. However, due to the size of TowneBank and the volume of transactions it handles, Towne
Bank has an interest in numerous matters in which he is not personally involved and of which he does not
have personal knowledge. In that regard, he is always concerned about the appearance of impropriety
that might arise if he unknowingly participates in a matter before City Council in which TowneBank has
an interest. Mayor Sessoms also has similar concerns with respect to Berkshire Hathaway Home Services
Town Realty, which is an affiliate of Towne Bank. In order to ensure his compliance with both the letter
and spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is his practice to
thoroughly review each City Council agenda to identify any matters in which he might have an actual or
potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal
interest", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter
with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of
January 13, 2015, is hereby made a part of the record.
April 19, 2016
51
Vice Mayor Jones DISCLOSED,for many years, he served on the Board of Directors of Resource Bank.
Three (3)years ago, Fulton Financial Corporation ("Fulton Financial')purchased Resource Bank. On
March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a
Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a
"personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of
transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton
Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal
knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local
Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting
of City Council for the purpose of identifying any matters in which he might have an actual or potential
conflict. If during his review, he identifies any matters, Vice Mayor Jones will prepare and file the
appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones
regularly makes this disclosure. Vice Mayor Jones'letter of April 10, 2007, is hereby made a part of the
record.
Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Berkshire
Hathaway Home Services Town Realty ("Berkshire Hathaway'), which was formerly known as
Prudential Towne Realty. Because of the nature of Real Estate Agent affiliation and the volume of
transactions it handles in any given year, Berkshire Hathaway has an interest in numerous matters in
which she is not personally involved and of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 13, 2015, is hereby made a part of the record.
Council Lady Rosemary Wilson also DISCLOSED she has a personal interest in Dixon Hughes
Goodman and receives income from the firm as a result of her late husband's employment. The income is
proceeds from the sale of his partnership interest,paid out over an extended period of time. She is not an
employee of Dixon Hughes Goodman, does not have any role in management of the company and does is
not privy to its client list. However, due to the size of Dixon Hughes Goodman and the volume of
transactions it handles in any given year, Dixon Hughes Goodman may have an interest in matters of
which she has no personal knowledge. In that regard, she is always concerned about the appearance of
impropriety that might arise if she unknowingly participates in a matter before City Council in which
Dixon Hughes Goodman has an interest. In order to ensure her compliance with both the letter and spirit
of the State and Local Government Conflict of Interests Act (the "Act'), it is her practice to thoroughly
review each City Council agenda to identify any matters in which she might have an actual or potential
conflict. If, during her review of an agenda, she identifies a matter in which she has a `personal
interest", as defined by the Act, she will either abstain from voting, or file the appropriate disclosure
letter with the City Clerk to be included in the official records of City Council. Council Lady Wilson's
letter of June 2, 2015, is hereby made a part of the record.
April 19, 2016
II52
Item—V-E
CERTIFICATION
ITEM#65855
Upon motion by Council Lady Kane, seconded by Council Lady Ross-Hammond, City Council
CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempt from Open Meeting
requirements by Virginia law were discussed in Closed Session to which
this certification resolution applies.
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond,
John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Robert M Dyer
Council Members Abstaining:
Mayor Sessoms ABSTAINED as he did not attend the Closed Session.
April 19, 2016
0.1411+•$F4c,
"
x y�
l _
ate,. ai, .
r
S uR 0
4R 4,.
.0°
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM#65854 Page 49 and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body
that such Closed Session was conducted in conformity with Virginia law.
NOW,THEREFORE,BE IT RESOLVED:That the Virginia Beach City Council hereby certifies
that,to the best of each member's knowledge,(a)only public business matters lawfully exempted from Open
Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution
applies; and, (b) only such public business matters as were identified in the motion convening this Closed
Session were heard, discussed or considered by Virginia Beach City Council.
th Hodges Fraser,MMC
City Clerk April 19, 2016
53
Item -V-F
MINUTES ITEM#65856
Upon motion by Council Lady Ross-Hammond, seconded by Councilman Uhrin, City Council
APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS April 5,2016.
Voting.: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
54
ADOPT AGENDA
FOR FORMAL SESSION ITEM#65857
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
April 19, 2016
55
Item- V-H.1
MAYOR'S PRESENTATIONS
ITEM#65858
RESOLUTION IN RECOGNITION
Ambassador Jose Cuisia, Jr. —Philippine Embassy
Mayor Sessoms presented the Resolution to Ambassador Cuisia earlier today.
April 19, 2016
II
]A
}O• $0 6
• •
�L t
`
t °p Mm Nor°�
RESOLUTION
WHEREAS: Jose Cuisia,Jr. was Commissioned as Ambassador for the Philippines on February 9,
2011, he moved into the office of the Philippine Embassy in Washington, DC on April 2, 2011.
Ambassador Cuisia was credentialed by President Obama on July 7,2011;
WHEREAS: Ambassador Cuisia has left his "footprints in the sands of time"by his many initiatives in
the United States for Philippine citizens in creating and sustaining the best "people-to-people"
relationships and communication ever; engaging the Fil-Am Communities across the United States as
"bridge builders"between their mother country and their adopted homeland; establishing new ways to
promote cultural changes, continue education and appreciate their heritage in a new way of living;
promoting trade and economic investment within the Philippines;and,with his wife Victoria,creating and
promoting the Merienda Youth Forum program as well as the Filipino Young Leader Professionals
[FYLPROJ;
WHEREAS: Ambassador Cuisia has visited Virginia Beach several times--the first being a meeting
with Mayor Sessoms,Secretary of Commerce James Cheng and Economic Development Director Warren
Harris in November 2012,at which time he was interviewed by CBN Newswatch on the"State of Affairs in
the Philippines". He toured Virginia Electronic Systems and German manufacturer,STIHL. He attended
the Fil-Am Vote Coalition of Hampton Roads advocating for citizen responsibility to register to vote and to
vote in the United States,this strengthening the Filipino-American Voice in America. His second visit was
in May 2013 when he met with fifty companies at the Founders Inn Business Forum/Luncheon,sponsored
by Virginia Beach Economic Development and the Virginia Port Authority. His business tour included On-
Call Holdings, BHI International,Navy Exchange and Commissary Command, the MacArthur Memorial
Foundation, Tallwood High School's Global Studies and International Languages Academy; the USS
WASP on the largest Naval Base in the world[Norfolk], the Sister Cities Association of Virginia Beach
[SCAVB]and was the keynote speaker for the World Affairs Council dinner. It was during his visit with
Delegate Ron Villanueva and the SCAVB that he was asked what municipality in the Philippines would be
the most appropriate with which to establish a "sister city"relationship. His Immediate response was
Olongapo,due to their military history,close proximity to Clark Air Force Base and Subic Bay and in his
assessment of Virginia Beach's history and current Filipino population;
WHEREAS: The first Virginia Beach Trade Mission was headed by Virginia Delegate Ron Villanueva,
Warren Harris and Roy Estaris in August 2013. The Olongapo City Council had voted and Mayor Bolen
Paulin presented their formal Resolutions Nos. 77 and 78 authorizing the creation of a "sister city"
relationship with Virginia Beach. As a result, Olongapo was invited to participate in Virginia Beach's
Fiftieth Anniversary celebration in September 2013. This was Mayor Paulino's and many of his Mayoral
Delegation's first visit to Virginia Beach. They were impressed and committed to furthering the
relationship with educational, cultural and economic exchanges. Soon after that visit, a devastating
Typhoon struck the Philippines killing 'hundreds of people,and destroying homes,land and buildings. In
November 2013,the Virginia Beach City Council voted to gift four rescue boats that were excess property
to Olongapo and those have been shipped to assist in future rescue efforts. In addition,five Olongapo
Firefighters recently committed six months of their lives to come to Virginia Beach and train in the
Fire/EMS Academy to enhance their emergency public safety. In March 2014, the first educational
exchange visit took Tallwood High School students to Olongapo. In May 2014, the Virginia Beach
Mayoral Delegation, led by Councilman Jim Wood, City Clerk Ruth Fraser, Warren Harris and EMS
Captain Budy were accompanied by Roy and Naomi Estaris,for the first official Sister City visit to
Olongapo at which time the first-ever Sister City/Trade Office was christened within the Olongapo City
Hall. In October that year, based on Ambassador Cuisia's requirements, the first Olongapo students
arrived in Virginia Beach to exchange with Tallwood High School. This was the first-ever complete
student exchange rotation between the Philippines and the United States;
•
WHEREAS: The Filipino Community and City of Olongapo,having met the criteria to be twinned with
Virginia Beach as a "Sister City", SCAVB requested the Virginia Beach City Council approve their
request to Sister Cities International for a charter. On October 7, 2014, the City Council adopted the
Resolution to authorize the formal relationship and request that SCI charter which was granted. The
Charter ceremony was planned, and on July 6, 2015,Mayor Paulino and all Members of the Olongapo
City Council were in Virginia Beach to witness the signing and celebrate. In November 2014, Mayor
Sessoms visited Olongapo. While there,he dedicated the Sister City/Trade office as well as the "Anchor of
Friendship". On November 30,2015,Ambassador Cuisia,Senator Wagner,Delegate Villanueva,Mayor
Paulino and his"Mayoral Delegation visited Virginia Beach to attend the dedication of the 'Anchor", to
mirror the same symbol of"Friendship", at Kemps Landing, the original Filipino population area in
Virginia Beach. This anchor was gifted to the City of Virginia Beach by the Mariners Museum in Newport
News extending this relationship regionally. These signing dates were significant as they also coincided
with the July Fourth and FilAm Friendship Day celebrations;
WHEREAS: On February 16,2016,Olongapo Firefighters arrived in Virginia Beach to enroll in the six
month Fire/EMS Academy for specialized training which will enable them to go home and begin training
others to bolster Olongapo's ability to meet emergency and disaster situations. Much of the funding for
this exchange training was made possible through a Grant from Rotary International through the Cape
Henry and Olongapo Rotaries;and,
WHEREAS: The first-ever in the United States port sister-relationship was signed by Agreement on
March 5,2016,between the Virginia Port Authority and the Subic Bay Metropolitan Authority. This was
SBMA Chairman,Roberto Garcia's,first visit to Virginia. Many of his Directors accompanied him and
acknowledged their search of other areas was ended when they met the officials of the Virginia Port
Authority and learned many opportunities for future coordination were possible.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes
Ambassador Cuisia for his foresight, seizing the many opportunities to bridge peace,security, economic
ties, understanding, education and cultural ties between the Philippines and the United States. He also
mirrors the "People-to-People"program established sixty years ago by President Dwight Eisenhower in
his masterminding of this relationship. Another similarity between the Ambassador and the President is
that each of them was conferred the Grand Collar(Raja)and the Grand Cross(Datu)of Sikatuna. Also,
Ambassador Cuisia has been Grand Officer,Commander,Officer and Member.
BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal
deliberations this Nineteenth Day of April,Two Thousand Sixteen to declare:
AMBASSADOR JOSE CUISIA, JR. DAY
and presents this Resolution duly signed by each Member of the Virginia Beach City Council with a copy
spread upon the Minutes of this meeting.
man Be venport tan4er
4 ' CounciLady Barham 7Cen&y
16 144341-41--
Counci ady nnon Kane C (man yohn D.Moss Cinmci Lady s Amelia N.9epss-
5P 5 (/ ' +;W
(man,Tohn E.Vhrin k�
CounciCtady Sep r ry'tlhLron . Co � James L.'Wood
ALL, /
k eL��
'ace 94ayorLouis#f Jones ;4ayorWiYfiam ,. 'Q"Sessoms,Jr.
56
Item- V-H.2
MAYOR'S PRESENTATIONS
ITEM#65859
GFOA EXCELLENCE IN FINANCIAL PLANNING
Patricia Phillips,Director-Finance
Mayor Sessoms introduced Patricia Phillips — Director Finance and presented her the "Certificate of
Achievement for Excellence in Financial Reporting"for the Comprehensive Annual Financial Report for
the Fiscal Year ended June 30, 2015. This Award represents the highest standards in government
accounting and financial reporting.
Ms. Phillips thanked the Mayor and Members of City Council for their continued commitment to
transparency. This is the 35th consecutive annual Certificate of Excellence the City has received. Ms.
Phillips acknowledged and thanked her Staff for all of their hard work and making this award possible.
April 19, 2016
57
Item - V-I.la
PUBLIC HEARINGS
ITEM#65860
Mayor Sessoms DECLARED A PUBLIC HEARING:
1. LEASES OF CITY-OWNED PROPERTY
a. 1113 Atlantic Avenue(deWitt Cottage)
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
April 19, 2016
58
Item- V-I.Ib
PUBLIC HEARINGS
ITEM#65861
Mayor Sessoms DECLARED A PUBLIC HEARING:
b. Cafe Franchises:
Repeal Bourbon &Burgers Atlantic Avenue Sidestreet Cafe 202 22nd Street
Grill Atlantic Avenue Sidestreet Café 204 22nd Street
Cancun Fiesta Atlantic Avenue Sidewalk Cafe 308 21st Street
Giovanni's Atlantic Avenue Sidewalk Cafe 2006 Atlantic Avenue
Lighthouse Boardwalk Cafe 1201 Atlantic Avenue
North Beach Boardwalk Cafe 3900 Atlantic Avenue
Yacht Club Boardwalk Cafe 2607 Atlantic Avenue
Chix Boardwalk Café 701 Atlantic Avenue
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
April 19, 2016
59
Item- V-Llc
PUBLIC HEARINGS
ITEM#65862
Mayor Sessoms DECLARED A PUBLIC HEARING:
c. Open Air Markets on City-owned property:
Old Beach Farmer's Market at 62019`"Street
to be relocated to 600 Block of Ie Street
Old Beach Art Market at 62019`"Street
to be relocated to 600 Block of 18th Street
Old Beach Green Market at 62019"Street
to be relocated to 600 Block of 18`"Street
There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING.
April 19, 2016
60
Item- V-J
ORDINANCES/RESOLUTIONS
ITEM#65863
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, BY
CONSENT:Agenda Items 1(WILSON VERBAL NAY), 2a, 3, 4a, 4/b(DEFERRED TO MAY 3, 2016),
5a/b(i-iii), 6a/b, 7a/b, 8a/b and 9.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
i I Ii
61
Item -V-J.1
ORDINANCES/RESOLUTIONS
ITEM#65864
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT,Resolution to AUTHORIZE and DIRECT the Beaches and Waterways Commission to study
and make recommendations to City Council re rental of homes (EVENT HOMES) for events in
residentially zoned neighborhoods
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms,Jr., John E. Uhrin and James L. Wood
Council Members Voting Nay:
Rosemary Wilson
Council Members Absent:
Robert M Dyer
April 19, 2016
1 A RESOLUTION AUTHORIZING AND DIRECTING THE
2 BEACHES AND WATERWAYS COMMISSION TO STUDY
3 AND MAKE ITS RECOMMENDATIONS TO THE CITY
4 COUNCIL CONCERNING THE RENTAL OF HOMES IN
5 RESIDENTIALLY-ZONED NEIGHBORHOODS FOR THE
6 PURPOSE OF HOLDING EVENT FUNCTIONS
7
8
9 WHEREAS, the City Council is considering whether to regulate the rental of
10 homes in residential neighborhoods for the purpose of holding large event functions
11 such as weddings, receptions, parties and similar activities, so as to protect such
12 neighborhoods from the adverse impacts of such event functions; and
13 WHEREAS, the City Staff heretofore has been engaged in meetings and
14 discussions with interested persons in an effort to determine an appropriate course of
15 action in this matter; and
16 WHEREAS, it is the sense of the City Council that it would also be beneficial for
17 an appointed body of the City to conduct a thorough study of this matter and to report its
18 recommendations to the City Council prior to final action being taken in this matter;
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21 That the Beaches and Waterways Commission is hereby authorized and directed
22 to:
23 1. Conduct a thorough study of whether further regulation of the rental of homes
24 in residential neighborhoods for the purpose of holding large event functions
25 such as weddings, receptions, parties and similar activities is appropriate.
26 Such study shall allow for ample opportunity, including at least one public
27 hearing advertised in a newspaper having general circulation within the City,
111
28 for members of the general public to provide commentary and express their
29 views in the matter; and
30 2. Transmit its recommendations pertaining to the foregoing matter, in writing, to
31 the City Council by no later than one hundred twenty (120) days from the date
32 of adoption of this Resolution.
33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
34 BEACH, VIRGINIA:
35 That the duties and responsibilities conferred upon the Beaches and Waterways
36 Commission pursuant to this Resolution shall be in addition to those set forth in Section
37 6-163 of the City Code.
38
39 Adopted by the Council of the City of Virginia Beach, Virginia, on the
40 19th day of April , 2016.
CA-13729
R-1
April 13, 2016
APPROVED AS TO LEGAL SUFFICIENCY:
41U
,60U d ,
City Attorney's Office
2
62
Item -V-12a
ORDINANCES/RESOLUTIONS
ITEM#65865
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED,BY
CONSENT, Ordinance to AMEND City Code:
a. Section 23.22.1 re possessing an open container of alcohol in a public
place
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1 AN ORDINANCE TO AMEND SECTION 23-
2 22.1 OF THE CITY CODE PERTAINING TO
3 POSSESSING AN OPEN CONTAINER OF
4 ALCOHOL IN PUBLIC PLACE
5
6 SECTION AMENDED: § 23-22.1
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 That Section 23-22.1 of the Code of the City of Virginia Beach, Virginia, is hereby
12 amended and ordained to read as follows:
13
14 Sec. 23-22.1. - Drinking alcoholic beverages, or tendering to another, in public
15 place.
16
17 (a) If any person shall take a drink of alcoholic beverage or shall tender a drink thereof
18 to another, whether accepted or not, - - • - - - - -- - - • - ' "- "e ' e e"
•
19 -_ • - . - _ - _ _• __ _ . _ - __ - - _ -, at or in any public
20 place, as defined by Code of Virginia Section 4.1-100, or possess any opened
21 alcoholic beverage containers in the local public parks, playgrounds, public streets,
22 or any sidewalk adjoining any public street e = - ' • • - = - - e--
23
--23 public place, he shall be guilty of a Class 4 misdemeanor.
24 (b) It shall be unlawful and punishable as a Class 4 misdemeanor for any person to
25 consume an alcoholic beverage while driving a motor vehicle upon a public highway
26 of this city. A rebuttable presumption that the driver has consumed an alcoholic
27 beverage in violation of this section shall be created if (i) an open container is
28 located within the passenger area of the motor vehicle, (ii) the alcoholic beverage in
29 the open container has been at least partially removed and (iii) the appearance,
30 conduct, odor of alcohol, speech or their physical characteristic of the driver of the
31 motor vehicle may be reasonably associated with the consumption of an alcoholic
32 beverage.
33 (c) This section shall not prevent any person from drinking or possessing alcoholic
34 beverages or offering a drink thereof to another in the dining room or other
35 • •
e- - - - - ', - • - - - -•• - -- - - • -, - - - ' , - - - - ,
•
•
36 - - - - - -- , - "e e . • - -- - - . .
37 - - - -- -- - - - -- - - - - - - - - -
•
38 - - • - - - -- - - - -- - ' - • - • - ' -- - - - - - • e = - - =,
39 -- - - - - - - •• - - • - - - " - - - - -- -- - -
•
40 - - - - - - - - • - - • - - - - , - - - - " "- . - - -
•
•
41 - - - .. - - - --- - - -- - , - •' - - ' - - - , -
42 hotel, restaurant, club, boat, dining car, club car, buffet car, coliseum, stadium or
43
44 - - - - - -- - -- • _ - _ - - -- - - - - - - •
45 -- -- ', -- , - - "- -- -- - --, - - -- - - -
46 - - • " - - - - - - -- - - - - - __ • -- - - - -- •,
•
47 - - - ' - - " - - -•
48 - -= • = - = - = -- - - - - • - -_ _ _e . .• -- . - _ •. any rooms or areas
49 approved by the Virginia Alcoholic Beverage Control Board in a licensed
50 establishment, provided such establishment or the person who operates the same
51 is licensed to sell alcoholic beverages at retail for on-premises consumption and the
52 alcoholic beverages drunk or offered were purchased therein.
53 This section also shall not prevent any person from drinking or possessing alcoholic
54 beverages or offering a drink thereof to another in any room or area approved by
55 the Virginia Alcoholic Beverage Control Board at an event for which a banquet
56 license or mixed beverage special events license has been granted. Nor shall this
57 section prevent, upon authorization of the licensee, any person from drinking or
58 possessing his own lawfully acquired alcoholic beverages or offering a drink thereof
59 to another in approved areas and locations at events for which a coliseum or
60 stadium license has been granted.
61 (d) In addition to the exceptions provided for in subsection (c), this section also shall
62 not apply to parking areas designated by the city manager or his designee for use
63 by persons attending a collegiate or professional sporting exhibition or event on the
64 day of such exhibition or event. The application process for such designation shall
65 be substantially similar to the process set forth for special events in City Code
66 section 4-1, and shall include input from public safety entities. No such designation
67 shall be valid unless the applicant has also obtained the required permit or permits
68 from the Virginia Alcoholic Beverage Control Board.
Adopted by the City Council of the City of Virginia Beach, Virginia, on this
19th
day of April , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY:
olice Department City Attorne s Office
CA13521
R-2
April 11, 2016
II i I
63
Item -V-J.2b
ORDINANCES/RESOLUTIONS
ITEM#65866
Barbara Clark, 411 16th Street, Phone: 332-3567, President of the Resort Beach Civic League. Ms. Clark
advised City Council adopted a Plan that stable neighborhoods are vital to the success of our first class,
year-round, destination Resort. Ms. Clark read the "Resort Beach Civic League Position on Resort
Area:New and Redevelopment Projects, which is attached and made a part of this record.
Bill Gambrell advised the Restaurant Association supports the initiative proposed for City Council's
consideration. The Association has concerns regarding the program discussed by Ms. Clark and hopes
the City involves all interested parties in those conversations.
Councilman Moss applauds Councilman Uhrin for moving this forward; however, he requested a minor
change to the Ordinance on Lines 16 and 17 "to set an amount to be determined by the City Manager as
Designee. " He feels City Council should always retain the power to set fees and not delegate them to the
City Manager.
Councilman Uhrin advised the fees are set as a part of the Budget Cycle and would begin on July Is'.
That is a horrible time to implement any change to this program as it is mid-season and, based upon that,
he requested the Ordinance be prepared as written. It is his intent to follow the advice of Ms. Clark and
Mr. Gambrell to reconvene the Resort Parking Committee to take another look at the fees; and, should
any changes come from the Committee, it will allow those recommendations to be acted upon by the City
Manager. It takes a tremendous amount of time from when something is approved to implementation.
Upon motion by Councilman Uhrin, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinance to AMEND the City Code:
b. Section 21-359 re Resort Permit Area Parking with adjustments to revenues
Voting: 9-1
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, Amelia N. Ross-Hammond, Mayor William
D. Sessoms, Jr.,John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Robert M. Dyer
Councilman Uhrin filed a Disclosure Letter
April 19, 2016
I i
REQUESTED BY COUNCILMEMBER UHRIN
1 AN ORDINANCE TO AMEND SECTION 21-359 OF THE
2 CITY CODE REGARDING PARKING PERMITS IN THE
3 RESORT PERMIT AREA AND TO MAKE RELATED
4 ADJUSTMENTS TO REVENUES
5
6 SECTION AMENDED: § 21-359
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10
11 1. That Section 21-359 of the City Code is hereby amended and reordained, to read
12 as follows:
13
14 Sec. 21-359. - Fees.
15
16 Fees required under this Division shall be set in an amount to be determined by
17 the City Manager or his designee. as follows:
18
19
20 issued for a single residence, and five dollars ($5.00) for each additional
21 -- •• ' - - - - - - - - - - - - - - •• - - -22 per year per residence.
23
. .9
25
26 - - - - - -.. _ . _ _ __ _ _ •• -- - - '•"
27
29 - - - - - - - - •• - - - - - - - - - -
30
31 (e) For a temporary guest permit, no fee. No more than ten (10) temporary
32 guest permits shall be issued per week per residence. The city's parking
33 systems management office may consider requests for more than ten (10)
34 temporary guest permits per week per residence on a case-by-case basis.
35
36 2. That the City Manager is directed to reduce revenues and expenditures in the
37 FY2015-16 Operating Budget to reflect a reduction in monthly business parking permit
38 fees from $20.00 to $10.00.
39
40 3. That the revenue projection for FY2016-17 reflect a reduction in monthly
41 business parking fees from $20.00 to $10.00.
42 19th
43 Adopted by the City Council of the City of Virginia Beach, Virginia, on this
44 day of April , 2016.
AP" OV ` A TO LEGAL SUFFICIENCY:
.rney's Office
CA13728/R-1/April 11, 2016
IIResortBeach Civic League Position on Resort Area:New and Redevelopment Projects
The Resort Beach Civic League is in favor of quality redevelopment that provides opportunity for growth in
and the improvement of the resort area while respecting our residential neighborhoods.Toward this end,we
request the implementation of a comprehensive parking plan for resort area employees, patrons and visitors
that does not depend on our neighborhoods.This is consistent with this excerpt from the 2005 Council-
adopted Oceanfront Resort Area Plan:'Due to a lack of available parking for public purposes,the streets of
adjacent neighborhoods have served,to their detriment,as overflow parking areas for oceanfront visitors.
Accordingly,continued attention should be given to properly controlling on-street parking in neighborhoods
adjacent to the resort area.'
We thank Councilmember John Uhrin and City staff for implementing changes to allow employees to park in
the old City's Treasurer's lot on 19th Street and Arctic Avenue;the garages at 9th and 31st Streets;and the lith
Street lot Monday through Thursday.
A number of proposed projects will bring thousands of people to the oceanfront and intense increases in
parking demand.The required plan to accommodate this parking demand is absent.Therefore,the vast
increase in parking will inundate the resort neighborhoods. Public parking,which is being offered as part of
some of these projects,will be entirely inadequate.
When the Residential Permit Parking Program(RPPP)was adopted in the early 1990s,employee parking in
the RPPP area was allowed on a short-term,temporary basis to give the businesses time to make
arrangements for their employee parking outside of resort neighborhoods. Instead,the number of employee
passes increases each year and no limit has been set.The passes are to be distributed to employees who
work at night, but many use them when they are not working. Residents often come home after work and
are unable to find parking anywhere near their homes. Employees return to their vehicles at all hours of the
night and early morning.
The first goal of the 2012 Council-adopted Resolution to Develop a Comprehensive Parking Strategy for the
Oceanfront Resort Area is: 'Protect established residential neighborhoods by reducing or removing on-street
parking pressures created by public beach use and the need for business employee parking.' During the 2011
summer season,around 1,400 employee passes were issued.Contrary to Council's goal, last season,that
number had jumped to more than 1,600.
Anyone can park in the RPPP area during the day,which results in a stressful environment where drivers
compete for the last free parking space on the block.We endure this hardship and merely request removing
nighttime employee parking from the RPPP to allow us some measure of peace at night.
To protect our neighborhoods,we reiterate the following requests:
• Limit the number of employee business passes for the Residential Permit Parking Program(RPPP)to
1,600.
• Remove business employee parking from the RPPP by April 1,2018.
• Move the start time of the RPPP to 5:00 p.m.from the current 8:00 p.m.This coincides with the
timing of the Virginia Beach resident discount to$3.00 at all municipal lots and garages after 5:00
p.m.
• Analyze traffic-calming measures for the Lakewood neighborhood.
We thank you for the opportunity to provide our recommendations concerning this difficult situation and
look forward to relief from overflow parking near our homes.
Resort Beach Civic League Position on Resort Area: Page 1 of 1
New and Redevelopment Projects
Adopted April 12,2016
1 II
4\1-Gt �•BFAc
a City of Virginia 1 ,*each
C7
:. z2
e
-pts
OF OUR NAS��NS �
VBgov.com
JOHN E.UHRIN PHONE. (757)200-7005
COUNCILMAN-DISTRICT 6-BEACH JUHRIN@VBGOV.COM
Refer to File No. 0057703
April 19, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Sections 2.2-3112(A)(2) and -3115(H),
Code of Virginia, I make the following declarations:
1. I am making this written disclosure regarding City Council's discussion and vote
on the ordinance to amend City Code § 21-359 regarding parking permits in the
Resort Area.
2. The ordinance would enable the City Manager to adjust the fee for business
parking permits, which are used by employees of Resort Area businesses.
3. I am an employee of Burlage Management Corporation, which is located at 801
Atlantic Avenue in Virginia Beach. Burlage Management Corporation operates
businesses in the Resort Area, but none of those businesses currently or in the past
have used business parking permits for their employees.
4. I am a member of a group—Resort Area business owners and their employees—
the members of which may be impacted by this ordinance.
5. I am able to participate in this transaction fairly, objectively, and in the public
interest in accordance with the provisions of Virginia Code §§ 2.2-3112(A)(2) and
2.2-3115(H).
215 ATLANTIC AVENUE,VIRGINIA BEACH,VIRGINIA 23451
111
Mrs. Ruth Hodges Smith -2- April 19, 2016
Re: Disclosure Pursuant to Virginia Code § 2.2-3115(H)
I respectfully request that you record this declaration in the official records of City
Council. Thank you for your assistance in this matter.
Sincere ,
c'
John E. Uhrin
'Councilmember
JEU/RRI
II64
Item -V-J.2c(i-iii)
ORDINANCES/RESOLUTIONS
ITEM#65867
Upon motion by Councilman Moss, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinance to AMEND the City Code:
c. Advertising/Streets and Sidewalks:
i. Sections 3-1 and 3-3 re on public streets,public rights-of-way or
other Public Property:
ii ADD Section 3-6 re Motor Vehicle Signs
iii. REPEAL Section 3-2 re Billboards
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
111
1 AN ORDINANCE TO AMEND SECTIONS 3-1 AND 3-3 OF THE
2 CITY CODE, PERTAINING TO SIGNS AND ADVERTISING
3 DEVICES ON PUBLIC STREETS, PUBLIC RIGHTS-OF-WAY OR
4 OTHER PUBLIC PROPERTY, TO ADD A NEW SECTION 3-6,
5 PERTAINING TO MOTOR VEHICLE SIGNS, AND TO REPEAL
6 SECTION 3-2, PERTAINING TO BILLBOARDS
7
8 Section Amended: City Code Sections 3-1 and 3-3
9 Section Added: City Code Section 3-6
10 Section Repealed: City Code Section 3-2
11
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
14
15 That Sections 3-1 and 3-3 of the City Code, pertaining to signs and advertising devices
16 on public streets, public rights-of-way or other public property, is hereby amended, Section 3-
17 6, pertaining to motor vehicle signs, is hereby added, and Section 3-2, pertaining to billboards,
18 is hereby repealed, to read as follows:
19
20 CHAPTER 3. ADVERTISING
21
22 ARTICLE I. IN GENERAL
23
24 Sec. 3-1. Definition of "billboard sign."
25 The word "billboard" "sign," as used in this chapter, shall mean a frame or structure
26 erected or constructed primarily for the display of advertising by painting, plaster, poster or
27 e . - _ . _ .. - - _ _ . _ -_ . - _ - - any structure, display, device or other
28 object or thing, visible from any public street or right-of-way, any area open to use by the
29 general public, or any navigable body of water, including, but not limited to, any word, letter,
30 series of words or letters, painting, mural, logo, insignia, emblem, service mark or other
31 graphic or pictorial representation, which that: (i) identifies or advertises, or directs or attracts
32 attention to, any product, merchandise, service, business or establishment, (ii) or which
33 suggests the identity or nature of any business or establishment, (iii) or which invites or
34 proposes a commercial transaction, or (iv) communicates a message of a noncommercial
35 nature. The term does not include architectural elements incorporated into the style or function
36 of a building, numerals signifying a property address, or names of buildings, dates of erection,
37 monumental citations, commemorative tablets and the like when carved into stone, concrete or
38 similar material or made of bronze, aluminum or other permanent type construction and made
39 an integral part of the structure.
40
I II i
41 COMMENT
42 The section is amended so as to replace the definition of"billboard"with the definition of"sign," as
43 a billboard is simply a type of sign. The definition is identical to the definition in the City Zoning
44 Ordinance.
45
46 - . - - - • - - - - • - - - - - - - - ; ' - - •- •. [RESERVED]
47
48 -
49 -e --• • e e. ee - - . •_ • e _ ee_ e, - - . e -• -- e - e e e e e — - - •-
51 and the southern limits of the city, except a sign displayed for the identification of the
52 immediate premises.
53
54 COMMENT
55
56 The amendment repeals the section, which conflicts with the provisions of the Oceanfront Resort
57 District Form-Based Code and City Zoning Ordinances and is outdated. Billboards are prohibited in their
58 entirety, except for legally nonconforming billboards.
59
60 Sec. 3-3. Signs and other advertising devices in public rights-of-way.
61
62 (a) No person shall erect, place or maintain any sign, billboard or other advertising
63 device in, over or upon the any public street, public rights-of-way or other public property in the
64 city, except for the following signs: ; provided, however, that this provision shall not be
65 construed to apply to: official traffic control, directional, special safety delineators, origin and
66 destination signs and signs approved by the city manger, in conformity with the standards
67 - - e • - --
68
69 (1) Signs of a noncommercial nature erected on public property by order of a
70 governmental officer in the performance of his official duties or required by
71 law, including, but not limited to, directional signs, regulatory signs,
72 warning signs, and informational signs;
73
74 (2) Signs permitted to encroach in, over or upon any public street, public right-
75 of-way or other public property pursuant to applicable provisions of Article
76 VI of Chapter 33; or
77
78 (3) Other signs expressly allowed to be located on public property by
79 ordinance or resolution of the City Council.
80
2
81 (b) Any sign permitted by this section shall be subject to all applicable codes,
82 ordinances, standards, specifications and other requirements of law pertaining to such sign.
83
84 (b) -. _ _ - - 'e- _ _ • - e - e - ee. e e e
85 _e , _ e- e e_ e •e e - . - _ -- : - •_ • _ •- _ •• - •-e-
•
•
•
•
86 - - •- . • - - - • - • - - - - -• - - - - - e --- - e e " -- " e
87 _ ' - - - ••••-e e e - - e e - •e ' . e e . • - e e -' e - ::_ :
88 _ e -- • • e - e. •e • ' e -. e _ • - e - . . - - e•- e - •..
•
•
89 • - -- - - - - e • . - -••e e', - e e. e - e • - -- e - _
90 in question and The city manager or his designee shall have the authority to remove and
91 discard any sign determined to be in violation of this section. In addition, a violation of any
92 provision of this section shall constitute an infraction punishable by a fine in the amount of One
93 Hundred Dollars (($100.00)for each day that a violation continues.
94
95 (c) A violation of any provision of this section shall constitute a Class 1
96 misdemeanor.
97
98 COMMENT
99
100 The amendments to subsection(a) are technical in nature and do not significantly alter existing law.
101 The amendments to subsection (b) revise the provisions regarding enforcement of the section to streamline
102 the process of removing illegal signs in the public right-of-way and reduce the penalty for a violation from
103 a Class 1 misdemeanor (punishable by confinement in jail for not more than twelve months and a fine of
104 not more than $2,500, either or both) to an infraction punishable by a $100 fine for each day a violation
105 continues. Subsection (c) is repealed and its provisions incorporated, with the changes described above,
106 into subsection(b).
107
108
109
110 Sec. 3-6. Motor vehicle signs.
111
112 (a) Signs displayed on motor vehicles operated or parked on a public street or in
113 such location as to be visible from the main traveled way of a public street shall be permitted,
114 provided the following requirements are met:
115
116 (1) The motor vehicle is not partially or totally disassembled by the removal of
117 tires and wheels, the engine or other essential parts required for operation
118 of the vehicle; or
119
3
I II I
120 (2) The motor vehicle displays valid license plates and a valid inspection
121 decal;
122
123 (3) The motor vehicle is not used solely for purposes of the display of
124 advertising; and
125
126 (4) No more than four (4) signs having a maximum combined area of two
127 hundred fifty (250) square feet shall be simultaneously displayed on a
128 motor vehicle, and no sign shall exceed ninety (90) square feet in area;
129 provided, however, that the provisions of this subdivision shall not apply to
130 buses, trolleys or other motor vehicles used primarily for purposes of
131 providing public transportation or to motor vehicles on which signs
132 exclusively advertise the business of the owner of the vehicle.
133
134 (b) No motor vehicle shall be driven on any street within a residential subdivision for
135 the purpose of displaying advertising, except as required by detour or upon order of a public
136 safety employee of the city or state.
137
138 (c) The following types of signs shall be prohibited while the motor vehicle on which
139 they are displayed is operated or parked on a public street or in such location as to be visible
140 from the main traveled way of a public street:
141
142 (1) Flashing, pulsating or blinking signs;
143
144 (2) Signs in which the message displayed changes more frequently than once
145 every four (4) seconds;
146
147 (3) Electronic changeable copy signs, including signs containing light emitting
148 diodes (LEDs), fiber optics, light bulbs or other illumination devices used
149 to change the advertising displayed by such signs; and
150
151 (4) Signs that project more than one (1) foot above the portion of the motor
152 vehicle to which they are affixed or that obscure the vision of the driver of
153 the motor vehicle or of other motorists.
154
155 (d) Violations of any of the provisions of this section shall constitute an
156 infraction punishable by a fine in the amount of One Hundred Dollars ($100.00).
157
158 (f) For purposes of this section:
159
4
I I i II
160 (1) "Motor vehicle" shall be defined in accordance with section 46.2-100 of the
161 Code of Virginia or any successor statute, and shall also include any
162 trailer or other vehicle drawn by or affixed to a motor vehicle;
163
164 (2) "Owner" shall be defined as set forth in section 46.2-100 of the Code of
165 Virginia or any successor statute, and shall also include a lessee of a
166 motor vehicle under a written lease.
167
168 COMMENT
169
170 The section is essentially the same as Section 212.2 of the City Zoning Ordinance, which would be
171 repealed by a separate ordinance to be brought forward concurrently with this ordinance. Subsection (d)
172 of that ordinance,however,has not been retained in this section. That section read:
173
174 (d) Any sign greater than fifteen (15) square feet in area that is displayed on a
175 motor vehicle for purposes of advertising a business other than that of the owner of
176 the vehicle shall require an annual permit issued pursuant to the provisions of
177 section 210.1. The fees for such permits shall be in accordance with the provisions of
178 section 8-31(c)(13) of the City Code.
179
180 In addition, the penalty provision has been changed from the civil penalty prescribed for zoning
181 violations to an infraction carrying a$100.00 fine.
182
183 �dopted by the City Council of the City of Virginia Beach, Virginia, on the 19th_ of
184 Apri 2016
185
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY:
(MA,141Ak. PI •
*sr Air, A ' 1
.nning De•artment / City Attorney's Office
CA-13485
R-4
April 6, 2016
5
II
65
Item -V-J.2/c(iv v)
ORDINANCES/RESOLUTIONS
ITEM#65868
Councilman Moss advised under the "Comment Section", specifically, Lines 127and 128, changes the
delegation from the Director of Public Works to the City Manager or his designee; however, the
Ordinance does not include the prescribed requirement by how designation is made. It has been his
experience in working with the Federal Government anytime a designation of authority is granted, there
is always both a Designation Letter in writing specifying the Scope and Duty for the designation which is
available for public review. This also provides an audit trail should the duties or authority be exceeded
of the designee. This has been the practice of the City that a Designee Letter is written but does not
provide the scope and duty. As such, the City Council has not done the due diligence to be accountable to
the Citizens.
City Attorney Stiles advised Councilman Moss is correct and there is nothing that requires a delegation
and suggests if that is City Council's direction, his office will draft a Resolution for consideration at the
next City Council Formal Session.
Mayor Sessoms asked for any objections, having heard none, Mayor Sessoms directed City Attorney
Stiles prepare a Resolution to be considered at the May 3, 2016, Formal Session.
Upon motion by Councilman Moss, seconded by Council Lady Wilson, City Council ADOPTED, with a
RESOLUTION TO BE PREPARED FOR MAY 3,2016, Ordinance to AMEND City Code:
c. Advertising/Streets and Sidewalks
iv. Section 33-113.1 re Subdivision Identification Signs
v. ADD Sections 33-114.4.1 re Roadside Guide Signs and 33-
114.4.2 re Public Art Sponsorship Signs
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
1 AN ORDINANCE TO AMEND CHAPTER 33 OF THE CITY
2 CODE BY AMENDING SECTION 33-113.1, PERTAINING TO
3 SUBDIVISION IDENTIFICATION SIGNS, AND ADDING NEW
4 SECTIONS 33-114.4.1, PERTAINING TO ROADSIDE GUIDE
5 SIGNS, AND 33-114.4.2, PERTAINING TO PUBLIC ART
6 SPONSORSHIP SIGNS
7
8 Section Amended: City Code Section 33-113.1
9
10 Sections Added: City Code Sections 33-114.4.1 and 33-114.4.2
11
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
14 VIRGINIA:
15
16 That Section 33-113.1, pertaining to subdivision identification signs, is hereby
17 amended, and new Sections 33-114.4.1, pertaining to roadside guide signs, and 33-
18 114.4.2, pertaining to public art sponsorship signs, are hereby added to Article VI of
19 Chapter 33 of the City Code, to read as follows:
20
21 CHAPTER 33. STREETS AND SIDEWALKS
22
23 ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC
24 WAYS, PLACES OR PROPERTY.
25
26
27
28 Sec. 33-113.1. Encroachments by private underground utilities and subdivision
29 identification signs.
30
31
32 (a) The city council hereby authorizes the city manager or his designee; to
33 approve any encroachments into public streets, roads, alleys or other public rights-of-
34 way or other public property by private underground utilities and subdivision
35 identification signs, as defined herein, upon the following conditions, in addition to those
36 required by Section 33-113:
37
38 (1) If the encroachment consists of private water mains or private
39 gravity sanitary sewer laterals or force mains, the owner shall
1
40 comply with the provisions of Section 28-2 or 37-5 at such time as
41 public sanitary sewer or public water service becomes available to
42 the site being serviced by the encroachment; and
43
44 (2) Subdivision signs shall not be greater in area than thirty-two (32)
45 square feet per face, have more than two (2) faces, or exceed six
46 (6) feet in height above the natural grade at the curb. Landscaping
47 approved by the department of parks and recreation shall be
48 provided. No subdivision sign shall be located so as to constitute a
49 traffic or other hazard, and such signs shall not contain any
50 commercial advertising and shall conform to all applicable sign
51 regulations of the City Zoning Ordinance.
52
53 (b) Definitions. As used in this section, the following words shall have the
54 meanings respectively ascribed to them herein, except in those instances when the
55 context clearly indicates a different meaning:
56
57 (1) "Private underground utilities" shall mean any private gravity or
58 pressurized pipe for the conveyance of raw sewerage, water or
59 storm drainage, other than stormwater conveyance facilities
60 described in subdivision (iii) of Section 33-114.5, private irrigation
61 systems and underground conduit for wires and cables.
62
63 (2) "Subdivision identification sign" shall mean any permanent sign
64 identifying- located at the entrance to a residential subdivision, and
65 shall include the electrical components necessary to light the sign
66 and associated landscaping and irrigation around the sign.
67
68 (c) No application for an encroachment that does not comply with all of the
69 criteria set forth in this section shall be approved by the city manager or his designee;
70 provided, however, that upon denial of the application, the applicant may seek
71 authorization of the encroachment by making application in accordance with the
72 provisions of Section 33-113.02.
73
74 COMMENT
75
76 The amendment to this section eliminate a content-based definition of the term "subdivision
77 identification sign" and add that such signs shall not contain any commercial advertising and must
78 comply with all applicable signs regulations in the City Zoning Ordinance.
79
2
80
81
82 Sec. 33-114.4.1. Roadside guide signs.
83 Roadside guide signs located on City property may be permitted in accordance
84 with the following provisions:
85
86 (a) Signs shall be allowed only by resolution of the city council upon the
87 application of the owner or operator of a use or establishment operated exclusively for
88 cultural, literary, scientific or artistic purposes and on a not-for-profit basis, and only if
89 the city council, in its discretion, finds that the use or establishment: (1) is of outstanding
90 cultural, literary, scientific or artistic value to the City, its residents and visitors; and (2)
91 significantly contributes to the City's image as an attractive year-round destination and
92 desirable place to live;
93
94 (b) Applications for such signs, which shall include an application fee in the
95 amount of two hundred fifty dollars ($250.00), shall be made to the director of planning
96 on forms prescribed by him;
97
98 (c) No signs shall be larger than five (5) square feet in area or higher than
99 nine and one-half (91/2) feet above ground level, and all such signs shall have a
100 minimum clearance from ground level to the bottom of the sign face of seven (7) feet;
101
102 (d) No use or establishment shall be the subject of more than three (3)
103 roadside guide signs; provided, however, that the city council may allow additional signs
104 if it finds that three (3) signs are insufficient to provide motorists with adequate guidance
105 to the use or establishment;
106
107 (e) The lettering, graphic elements and background shall be consistent with
108 the applicable standards for such signaqe;
109
110 (f) Signs shall be erected only in the specific locations approved by the city
111 council as necessary to provide route confirmation and continuity of guidance to the use
112 or establishment. The city manager or his designee may relocate a sign if necessary to
113 accommodate public signage requirements; and
114
115 (g) Signs shall be maintained in good condition at all times. Any sign not in
116 good condition shall be subject to removal and disposal by the city manager or his
117 designee.
118
3
119 (h) As used in this section, the term "roadside guide sign" shall mean a sign
120 intended to provide traffic directions concerning the location of a use or establishment
121 described in subsection (a).
122
123 COMMENT
124
125 The provisions of the section are similar to those currently contained in Section 212.2 of the
126 City Zoning Ordinance, except that (1) language restricting the allowed content of such signs has
127 been deleted from this version; (2) references to the Director of Public Works have been replaced
128 by references to the City Manager of his designee, thereby allowing the City Manager greater
129 flexibility in delegating the tasks set forth in this section; (3) a non-content based definition of the
130 term "roadside guide sign" has been added; and (4) the ordinance adds standards for approval of
131 such signs in subsection(a).
132 In essence,the section treats roadside guide signs as governmental speech,inasmuch as such
133 signs are intended to inform both resident and visiting motorists of the location of outstanding
134 cultural, literary, scientific or artistic venues that significantly enhance the image of the City of
135 Virginia Beach as a desirable place to live and visit, thereby providing considerable benefit to the
136 City.
137 As is currently the case, roadside guide signs would require approval by the City Council.
138 A separate ordinance containing the repeal of the current section on roadside guide signs in the
139 CZO is to be brought forward contemporaneously with this ordinance.
140
141 Sec. 33-114.4.2. Public art sponsorship signs.
142
143 (a) The city manager or his designee may permit signs in conjunction with
144 exhibitions of public art authorized by the city council and located on public property.
145 Such signs shall not be illuminated or larger than one (1) square foot in area, and no
146 more than one such sign per individual item of public art shall be permitted.
147
148 (b) As used in this section, "public art" shall mean works expressing creative
149 skill or imagination in a visual form, such as painting or sculpture, which are intended to
150 beautify or provide aesthetic influences to public areas or areas that are visible from
151 public areas.
152
153 COMMENT
154 The provisions of the section are largely taken from those in Section 211 of the CZO. The
155 language restricting the content of such signage has been deleted, however, and a limitation as to
4
156 the number of signs allowed has been added. A definition of"public art"is also included. The CZO
157 provisions would be repealed by an ordinance to be brought forward concurrently with this
158 ordinance.
159
19th
160 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of
161 April , 2016
162
163 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
164
165
166 `, / , p .A44),
167 Ailed_. _s A /
168 •er'rtment • •lanninG C Attorney's Office
169
170
171 CA-13553
172 R-7
173 April 6, 2016
5
66
Item-V-12c(vi)
ORDINANCES/RESOLUTIONS
ITEM#65869
Upon motion by Councilman Moss, seconded by Council Lady Wilson, City Council ADOPTED,
Ordinance to AMEND the City Code:
c. Advertising/Streets and Sidewalks:
vi. Section 10-1 re renaming the Polling Place for
Lynnhaven Precinct
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
1 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY
2 CODE TO RENAME THE POLLING PLACE FOR THE
3 LYNNHAVEN PRECINCT
4
5 SECTION AMENDED: § 10-1
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
10 That Section 10-1 of the City Code is hereby amended and reordained, to read as
11 follows:
12
13 Sec. 10-1. Establishment of precincts and polling places.
14
15 There are hereby established in the city the following precincts and their
16 respective polling places, as set forth below:
17
18 Precinct Polling Place
19
20 Alanton Alanton Elementary School
21 Aragona Bayside Sixth Grade Campus
22 Arrowhead Arrowhead Elementary School
23 Avalon Woodstock Elementary School
24 Baker Ebenezer Baptist Church
25 Bayside Bayside Elementary School
26 Bellamy Salem Middle School
27 Blackwater Blackwater Fire Station
28 Bonney Discovery Church
29 Brandon Brandon Middle School
30 Brookwood Plaza Annex
31 Buckner Green Run Baptist Church
32 Cape Henry Research and Enlightenment Building (Edgar
33 Cayce Library)
34 Capps Shop Back Bay Christian Assembly
35 Centerville Centerville Elementary School
36 Chesapeake Beach Bayside Baptist Church
37 Chimney Hill Congregation Beth Chaverim
38 College Park College Park Elementary School
39 Colonial Colonial Baptist Church
40 Colony Lynnhaven Colony Congregational Church
41 Corporate Landing Corporate Landing Middle School
42 Courthouse Courthouse Fire Station
43 Creeds Creeds Fire Station
44 Cromwell Salem United Methodist Church
45 Culver Ocean Lakes High School
46 Dahlia Green Run High School
47 Dam Neck Corporate Landing Elementary School
48 Davis Corner Bettie F. Williams Elementary School
49 Eastern Shore Eastern Shore Chapel
50 Edinburgh St. Aidan's Episcopal Church
51 Edwin Kempsville Middle School
52 Fairfield Kempsville Presbyterian Church
53 Foxfire Kemps Landing/Old Donation School
54 Glenwood Glenwood Elementary School
55 Great Neck All Saints Episcopal Church
56 Green Run Green Run Elementary School
57 Haygood Haygood United Methodist Church
58 Hillcrest Village Church Hilltop Freedom Fellowship
59 Church
60 Holland Holland Elementary School
61 Homestead Providence Presbyterian Church
62 Hunt Princess Anne Recreation Center
63 Independence Water's Edge Church
64 Indian Lakes Indian Lakes Elementary School
65 Indian River San Lorenzo Spiritual Center
66 Kings Grant St. Nicholas Catholic Church
67 Kingston King's Grant Presbyterian Church
68 Lake Christopher New Covenant Presbyterian Church
69 Lake Joyce Morning Star Baptist Church
70 Lake Smith Bayside Church of Christ
71 Landstown Landstown Community Church
72 Larkspur St. Andrews United Methodist Church
73 Lexington Larkspur Middle School
74 Linkhorn Virginia Beach Community Chapel
75 Little Neck Lynnhaven United Methodist Church
76 London Bridge London Bridge Baptist Church
77 Lynnhaven Tidewater Arca Christian Fellowship
78 Cape Henry Church
79 Magic Hollow Virginia Beach Moose Family Center
80 Malibu Malibu Elementary School
81 Manor Providence Elementary School
82 Mt. Trashmore Windsor Woods Elementary School
83 Newtown Good Samaritan Episcopal Church
84 North Beach Galilee Episcopal Church
85 North Landing Hope Haven
86 Ocean Lakes Ocean Lakes Elementary School
87 Ocean Park Bayside Community Recreation Center
88 Oceana Scott Memorial United Methodist Church
89 Old Donation Calvary Baptist Church
90 Pembroke Pembroke Elementary School
91 Pinewood Lynnhaven Presbyterian Church
92 Plaza Lynnhaven Elementary School
93 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex
94 Point O'View Kempsville Church of Christ
95 Red Wing Fraternal Order of Police, Lodge #8
96 Rock Lake Salem Elementary School
97 Rosemont Forest Rosemont Forest Elementary School
98 Roundhill Salem High School
1 I
99
100 Rudee Virginia Beach Volunteer Rescue Squad
101 Building
102 Seatack Mount Olive Baptist Church
103 Shannon Church of the Ascension
104 Shelburne Christopher Farms Elementary School
105 Shell Unity Church of Tidewater
106 Shelton Park Shelton Park Elementary
107 Sherry Park St. Matthews Catholic Church
108 Sigma Red Mill Elementary School
109 South Beach Contemporary Art Center of Virginia
110 Stratford Chase Community United Methodist Church
111 Strawbridge Strawbridge Elementary School
112 Tallwood Tallwood Elementary School
113 Thalia Thalia Elementary School
114 Thoroughgood Independence Middle School
115 Timberlake White Oaks Elementary School
116 Trantwood Virginia Beach Christian Church
117 Upton Three Oaks Elementary School
118 Village Thalia Lynn Baptist Church
119 Windsor Oaks Windsor Oaks Elementary School
120 Witchduck Bayside Presbyterian Church
121 Wolfsnare Virginia Beach Christian Life Center
122 Central Absentee Voter AgricultureNoter Registrar Building
123 Precinct
124
Adopted by the City Council of the City of Virginia Beach, Virginia, on this 19th
day of April , 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
r SUFFICIENCY:
1,
I,' i
:ter Regis rar Ci ' fey s Office
CA13725
R-1
April 8, 2016
i II
67
Item -V-J.3
ORDINANCES/RESOLUTIONS
ITEM#65870
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with Back Bay
Wildfowl Guild,Inc.for City-owned property at 1113 Atlantic Avenue DISTRICT 6-BEACH
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1 AN ORDINANCE AUTHORIZING THE CITY
2 MANAGER TO EXECUTE A LEASE FOR UP TO 5
3 YEARS WITH BACK BAY WILDFOWL GUILD, INC.
4 FOR CITY-OWNED PROPERTY LOCATED AT 1113
5 ATLANTIC AVENUE, VIRGINIA BEACH
6
7 WHEREAS, the City of Virginia Beach (the "City") acquired the property located
8 at 1113 Atlantic Avenue, commonly known as the deWitt Cottage (the "Property") from
9 the Virginia Beach Foundation on September 28, 1995;
10
11 WHEREAS, the City has been leasing the Property to the Back Bay Wildfowl
12 Guild ("Back Bay") since October 2000;
13
14 WHEREAS, the current lease term expired on October 22, 2015;
15
16 WHEREAS, Back Bay has continued to operate in the Property and desires to
17 enter into a new formal lease agreement with the City for the Property;
18
19 WHEREAS, City staff has determined that it is in the best interest of the City, its
20 citizens and its visitors that Back Bay continue to use the Property consistent with the
21 City's mission to preserve the historic nature of the Property; and
22
23 WHEREAS, the Property would be utilized for purposes which complement the
24 general level of culture of the City of Virginia Beach, including wildfowl exhibits and
25 related special events, meetings and receptions, operation of a gift shop, and exhibiting
26 furnishings and other items which are intended to preserve the historic nature of the
27 Property.
28
29 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
30 OF VIRGINIA BEACH, VIRGINIA:
31
32 That the City Manager is hereby authorized to execute a lease for up to 5 years
33 between Back Bay Wildfowl Guild, Inc. and the City for the Premises, in accordance
34 with the Summary of Terms attached hereto as Exhibit A and made a part hereof, and
35 such other terms, conditions or modifications as may be acceptable to the City Manager
36 and in a form deemed satisfactory by the City Attorney.
37
38 Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of
39 April , 2016.
APPROVED AS TO LEGAL APPROVED AS TO CONTENT
SUFFICIENCY AND FORM
itidaetAll 6U-y City Attorney Public Works/Facilities anagement
CA13480
R-1
March 31, 2016
SUMMARY OF TERMS
Lease of City-owned Property located at 1113 Atlantic Avenue,
Virginia Beach, known as the deWitt Cottage
LESSOR: City of Virginia Beach
LESSEE: Back Bay Wildfowl Guild, Inc.
PREMISES: 1113 Atlantic Avenue, Virginia Beach, Virginia
(GPI N: 2427-25-5317)
TERM: October 23, 2015 — October 22, 2020
RENT: $1.00 annually
RIGHTS AND RESPONSIBILITIES OF LESSEE:
• Use Premises for operation and activities that preserve the historic nature of
the deWitt Cottage and in a manner that complements the City's historic
culture.
• The Premises must remain open to the general public for at least 120 days
and for a total of at least 1,000 hours per year.
• Provide daily housekeeping services.
• Purchase commercial general liability insurance with limits not less than
$1,000,000 combined single limit (CSL).
RIGHTS AND RESPONSIBILITIES OF CITY:
• Maintain the Premises in good condition and repair, including all buildings and
improvements, sidewalks and landscaping.
• Provide minimal weekly housekeeping services
• Provide payment for all utility costs and fees as they pertain to electricity,
heating, fuel, water, sewer and solid waste collection.
• Retain the right to enter the Premises at any time for emergency repairs.
TERMINATION: City may terminate the Lease by giving sixty (60) days'
advance written notice.
II
esemmeee
cu
d
Q ,,,
0 Q r r'
W M .,..
rr•
Q e-1
tilW ,-I i ``0,,,°
_7_,ITC.
,7:40.,,,5"...„1„.,,,,,,,,posovw.,4,...e4.,,,,,,::4:;.,,,,:mo0 . 4,6".0.41'' Y
•
it l+"T`+ ._y^..
4 s r✓` -,''--- ti • ,
N_w y ` y S i
y ' 1 O 11111[11i
'
yy y °s yt y �ma• y .x y t y y e .•it t5 1
f (5
.-------"--*--'---m:„.,,,,.: '\ ,.,, „„,..—
y
ty ,, •'
e.
Q
C'
{ir
INIttV ,o
J
Ti•
; ,.......' ,., ,. ,.„,.,0) U.: . , ..:,... ' \‘..,.......4, ,
, \ ,... ,,,,.. ca, 1 „,,,..
.• ��.
p$...C ��
I i
68
Item-V-J.4a
ORDINANCES/RESOLUTIONS
ITEM#65871
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance GRANTING Franchise Agreements:
a. Open Air Cafés in the Resort Area:
Repeal Bourbon &Burgers Atlantic Avenue Sidestreet Cafe 202 22nd Street
Cancun Fiesta Atlantic Avenue Sidewalk Café 308 21st Street
Giovanni's Atlantic Avenue Sidewalk Cafe 2006 Atlantic Avenue
Lighthouse Boardwalk Café 1201 Atlantic Avenue
North Beach Boardwalk Cafe 3900 Atlantic Avenue
Yacht Club Boardwalk Cafe 2607 Atlantic Avenue
Chix Boardwalk Café 701 Atlantic Avenue
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1 AN ORDINANCE GRANTING SEVEN
2 FRANCHISE AGREEMENTS FOR OPEN AIR
3 CAFES IN THE RESORT AREA
4
5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized
6 the City Manager to promulgate Open Air Café Regulations, which have been amended
7 from time to time, for the operation of open air cafés on public property; and
8
9 WHEREAS, the City Council has traditionally granted initial franchises for one-
10 year terms; and
11
12 WHEREAS, if an open air café is successfully operated during the initial one-
13 year term, the franchisee may return to Council and request a five-year franchise
14 agreement; and
15
16 WHEREAS, the following seven entities have successfully operated open air
17 cafés pursuant to either one-year or five-year franchise agreements, and are seeking
18 renewal of their franchise agreements for five year terms: (1) Moliar Liquid Assets 2,
19 LLC, t/a Repeal Bourbon & Burgers Café, for operation of an Atlantic Avenue sidestreet
20 café; (2) ANSHI Inc., t/a Cancun Fiesta Café, for operation of an Atlantic Avenue
21 sidewalk café; (3) Giovanni's, Inc., t/a Giovanni's, for operation of an Atlantic Avenue
22 sidewalk café; (4) Blaster Fries, Inc., t/a Lighthouse Café, for operation of a boardwalk
23 café; (5) Aqua Investment Associates, LP, t/a North Beach Café, for operation of a
24 boardwalk café; (6) Beachside, LC, t/a Yacht Club, for operation of a boardwalk café;
25 and (7) Chix Sea Grille, LLC, t/a Chix Café, for operation of a boardwalk café; and
26
27 WHEREAS, the Strategic Growth Area Office recommends that the above-
28 named entities be granted open air café franchise agreements.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
31 VIRGINIA BEACH:
32
33 That the City Council hereby grants five-year franchise agreements to: (1) Moliar
34 Liquid Assets 2, LLC, t/a Repeal Bourbon & Burgers Café, for operation of an Atlantic
35 Avenue sidestreet café; (2) ANSHI Inc., t/a Cancun Fiesta Café, for operation of an
36 Atlantic Avenue sidewalk café; (3) Giovanni's, Inc., t/a Giovanni's, for operation of an
37 Atlantic Avenue sidewalk café; (4) Blaster Fries, Inc., t/a Lighthouse Café, for operation
38 of a boardwalk café; (5) Aqua Investment Associates, LP, t/a North Beach Café, for
39 operation of a boardwalk café; (6) Beachside, LC, t/a Yacht Club, for operation of a
40 boardwalk café; (7) and Chix Sea Grille, LLC, t/a Chix Café, for operation of a
41 boardwalk café.
42
19th
Adopted by the City Council of Virginia Beach, Virginia on this day of
April 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Strategic Growth Area Office City Attorney's Offic
CA13716
R-2
April 13, 2016
11
69
Item -V-J.4b
ORDINANCES/RESOLUTIONS
ITEM#65872
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council DEFERRED FOR
CORRECTION TO MAY 3,2016,BY CONSENT, Ordinance GRANTING Franchise Agreements:
b. Open Markets in the public right-of-way:
Old Beach Farmer's Market at 620 19th Street
to be relocated to 600 Block of 18th Street
Old Beach Art Market at 620 19th Street
to be relocated to 600 Block of 18th Street
Old Beach Green Market at 620 19th Street
to be relocated to 600 Block of 18th Street
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
II
70
Item -V-J.5a
ORDINANCES/RESOLUTIONS
ITEM#65873
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to EXTEND the dates for satisfying conditions in the matters of closing:
a. An unimproved right-of-way known as Scott Bend Lane
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
I
1 AN ORDINANCE EXTENDING THE DATE
2 FOR SATISFYING THE CONDITIONS IN THE
3 MATTER OF CLOSING A 4,500 SQ. FT.
4 PORTION OF AN UNIMPROVED RIGHT-OF-
5 WAY KNOWN AS SCOTT BEND LANE
6
7 WHEREAS, on April 21, 2015, the Council of the City of Virginia Beach acted
8 upon the application of Timothy J. Costen (the "Applicant"), for the closure of an
9 unimproved 4,500 sq. ft. portion of Scott Bend Lane;
10
11 WHEREAS, City Council adopted an Ordinance (ORD-3404B) to close the
12 aforesaid right-of-way, subject to certain conditions being met on or before April 20,
13 2016.and
14
15 WHEREAS, on March 23, 2016, the Applicant requested an extension of time to
16 satisfy the conditions to the aforesaid street closure action.
17
18 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia
19 Beach, Virginia:
20
21 That the date for meeting conditions of closure as stated in the Ordinance
22 adopted on April 21, 2015 (ORD-3404B), upon application of Timothy J. Costen, is
23 extended to April 20, 2017.
24 19th
25 Adopted by the Council of the City of Virginia Beach, Virginia, on this day
26 of April , 2016.
27
28 GPIN: Right-of-way/ No GPIN assigned
29 Adjacent to GPINs: 2417-06-6362 and 2417-06-6462
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
�u �. G14/cU ^✓ &..,. .a. A► 1
City Attorney Planning •epartment
CA13598
\\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC
R-1
April 8, 2016
I
EXHIBIT A (
NOTES:
1. THIS EXHBfT IS INTENDED TO SHOW THE AREA OF PROPOSED
RIGHT-OF-WAY CLOSURE AND INDEPENDENT OF THE ASSOCIATED —
GENERAL
RECORD
REFERENCE. IS NOT INTENDED FOR ANY OTHER THAN MS ?7 pa a
r {AN.
1. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY.
22 I 23 I 24
f� GPMI 2417 06 8310
OC./ 20061129001778250
1 M.B. 27, PG. 73
yS 07p'OO' w. s10730 '00. W _ M7E(f)
//3o oo'i q f ) ll 75.70' r
' -- —
71 l�
, r--.7/ x
AREA PROPOSED
STREE4,500 SURE _
0.10 ACRE
e, F >c-% 20
( ) I 19
GPIN 2417 06 6462 )
11//c1-0.4 GPIN 2 17 06 6362 ; GPIN 2417 06 8310
D0C. 20100223000171540 �1
gr 8 DOC.
M.B. 121, PG. 53 Q 3/'" ;+� M B 27,200611290017782507
a /S I n =
W cd/111 ! 1#112-8TY. J
114/A- Si
FR.
�l4" #324 m
IP 61 .....
@ .
CD
i 1
' • .�O'a 1 z
arc
,_Am' ._, ,.—,x,— — 350' 5
PAII(F) N 0730'00' EV_ N 0730'00' E 75.70'
M1(0 IN AXLE
N. OCEANA BOULEVARD
(Fais(M 27 . 73 ��tk,LTE op G4
STREET CLOSURE EXHIBIT.
a„.4:71
:.•, ,
OF A 30 FT. RIGHT—OF—WAY No. 002334
ADJACENT TO i r
LOT 20 AND 2530' OF LAT 21 Dl
PROPERTY OF KENNETH CRUISER
LOCATED IN
OCEANA GARDENS
(M.B. 29, PG. 64) /,.4-,k;+
(M.B. 27, PG. 73) we/A'
(M.B. 20, PG. 33) "f /li ...
MGM BEACH,
FOR VIRG NA Digi iI�; •
TIMOTHY J. COSTEN Survey 11.0
e, 31P 611' �, Services r.i.{c
MILAND SURII1YINO
MI E l I= MIN= EAI�E,NM= MMENNImmal 448 VAw 3720 E
(757)421-7765 (FAX)441-7745
SCALE : 1'-30' ' DATE : DECEMBER 22, 2014 I DWG. BY : HTB ' PROJ. #0135514
0\Sw \WORT uISC/OCEANA EXHIaltdwg
71
Item-V-J.5b(i-iii)
ORDINANCES/RESOLUTIONS
ITEM#65874
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to EXTEND the dates for satisfying conditions in the matters of closing:
b. Unimproved portions of
i. Singleton Way(formerly Princess Anne Road)
ii. South Witchduck Road(formerly Kempsville Road)
iii. Princess Anne Road(relocated)adjacent to the North, East and
Southeast sides of Parcel "D"
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
i
1 AN ORDINANCE EXTENDING THE DATE FOR
2 SATISFYING THE CONDITIONS IN THE MATTER
3 OF CLOSING AN UNIMPROVED PORTION OF
4 SINGLETON WAY (FORMERLY PRINCESS ANNE
5 ROAD), S. WITCHDUCK ROAD (FORMERLY
6 KEMPSVILLE ROAD) AND PRINCESS ANNE
7 ROAD (RELOCATED) ADJACENT TO THE
8 NORTH, EAST, AND SOUTHEAST SIDES OF THE
9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845
10 (PARCEL "D")
11
12 WHEREAS, on April 22, 2014, City Council acted upon the application of
13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way
14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and
15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto;
16
17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the
18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and
19 Princess Anne Road, subject to certain conditions being met on or before April 22,
20 2015;
21
22 WHEREAS, on April 21, 2015, the Applicant requested and was granted
23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the
24 conditions attached to the aforesaid street closure action; and
25
26 WHEREAS, the Applicant has requested an additional one year extension
27 of time to satisfy the conditions attached to the aforesaid street closure action;
28
29 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
30 Virginia Beach, Virginia:
31
32 That the date for meeting conditions of closure as stated in the Ordinance
33 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach,
34 is extended to April 22, 2017.
35
36 Adopted by the Council of the City of Virginia Beach, Virginia, on this l9thday
37 of April , 2016.
GPIN: Right-of-way/ no GPIN assigned
Adjacent to GPIN: 1466-78-3845
APPROVED AS TO LEGAL APPROVED AS TO CONTENT:
SUFFICIENCY:
C .
Ci y At :rney ' 'nning D..artment
CA135•
\\vbgov.com\DFS I\Applications\CitylawProd\cycom32\Wpdocs\DOI O\P024\00273220.DOC
R-1
April 8, 2016
I- EXHIBIT A
I
NOTES: AREA OF PROPOSED STREET CLOSURE 'D-1'
1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF
PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT (28,095 SQ. Ff., 0.645 AC.)
OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT
INTENDED FOR ANY OTHER THAN GENERAL REFERENCE.
2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS (Fa.? 1•44:,PROPERTY. A=8885' (;k6: Pot, Rey
R=772.50' (/N ifq P `�'4NNF `Yq j,
A =6'.3524"7 T 20.0j6:9)2(244:014 P IT•4D) o
W S 0722'22":35.:::02:e 5s)J'f�rJ g N
Is
9.85' Rpm
1/41 ii
�'---_N.l S 82'35'38" Et 'f ?¢ F II II
e 4
101.83' E� S 82'2056�••�4,..V
,t A=98.88' 80.07' ♦ Ny��1�. •9 M
R=725.00 " ^�0•?.. A=36.78' �, ��:��:�. 0
PARCEL 'E' N F =T4852 N R=673.70' ��1*r �, ry
A=3'07'40" w' ♦ 3 •
EMMANUEL PROTESTANT m A=38.08' �, 4 ,�
EPISCOPAL CHURCH R=32.00' ,i; (vi OF KEMPSVILLE A=6811'22" _ o .4, 4, v
A=37.66 EXISTING s*. .. y A
1466-78-0931 R=75.00' r1 R/W LINE "i2 `` h y 1
A =28'46'03" . 3 0 _ N 6 �\tq•��I ,
.^N. p•. -Lo 1O 3 N.N00 '�� $ t h
W A JMo o.;), / : J 24r
• Z WDM o� N • k0 :- . k• hcs ,, `N Qh� �
__ ., ICC00 4
- - 5. N 4020'28" E 6.99' ,�
`;N 71 12 ''x`' 14 N 4020'28' E 18.977.20' \ S 1521'33" W
ti
10', 41.35 2 32' 1 5 - W '
4. 69 ' . AA=38.15'
A=104.39' 105.78' 51 '�'E R=87.50
,,�
R=1122.50' A=2458'55"
A =5'19 43 4413' A=6.43'
N 807146.it
PRiIMCESS AMIE ROAD
'' VAR R/W N N 4939'32' W 4.00'
(RELOCATED)
(/NST 20090519000553070)(/NST 20091019001219680) S 4020 28 W 31.26
(/NST 20100203000113230X/NST 20100409000329350) A=45.15' AREA OF PROPOSED STREET CLOSURE 'D-2'
R=4350' (1,931 SQ. FL, 0.044 AC.)
(/NST 20100507000436780XM.B. 114, P. 21) A =5927'51'
STREET CLOSURE EXHIBIT SHEET 1 OF 1
OF A
28,095 SQ. FT. (0.645 AC.)- PORTION OF SINGLETON WAY
._-7A _ i (FORMERLY PRINCESS ANNE ROAD) AND S. 1RTCHDUCK ROAD (RTE 190)
= AND A
1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD
(RELOCATED) AND S. WITCHDUCK ROAD (RTE 19o)
(PVBUC DIORT-OF-1WMXINST No 80130915000906320)
Landscape VIRGINIA BEACH, VIRGINIA
Exclusively for
M51MC 11L SE A NRIM V1 1041 SCALE: 1" = 100' CITY VIROMA BEACH 04 FEBRUARY, 2014
1 CAD/cb1G TMF/els CITY OF VIRGINIA BEACH, VA I F.H. P. PLAT: I IN:219-0160
72
Item-V-J.6a
ORDINANCES/RESOLUTIONS
ITEM#65875
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City-owned
property:
a. Lake Joyce back of 4449 Lee Avenue (pier and slope revetment)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property:
a. Lake Joyce back of 4449 Lee Avenue (pier and slope revetment)
(GPIN 1570705625)
The following condition shall be required:
1. Nothing herein shall prohibit the City from immediately removing or ordering the
Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity and Grantee
shall bear all costs and expenses of such removal.
2. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Grantee shall indemnifil, hold
harmless and defend the City, its agents and employees,from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment. The Grantee shall indemnify, hold
harmless and defend the City from and against any claims that the Temporary
Encroachment is a use of property other than a public or municipal use.
4. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed that the Grantee shall establish and
maintain a Riparian Buffer, which shall be a minimum of fifteen (15)feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of native trees, shrubs and
perennial plants (the "Buffer"). The Buffer shall not be established during the
months of June, July or August, so that it has the greatest likelihood of
survivability. The Grantee shall notify the Department of Planning when the Buffer
is complete and ready for inspection. An access path, stabilized appropriately to
prevent erosion, through the Buffer to the shoreline is allowed.
April 19, 2016
73
Item-V-16a
ORDINANCES/RESOLUTIONS
ITEM#65875
(Continued)
7. It is further expressly understood and agreed that the Grantee must obtain and keep
in effect liability insurance with the City as a named insured in an amount not less
than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance
must be registered and licensed to provide insurance in the Commonwealth of
Virginia. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of or material
change to, any of the insurance policies. The Grantee assumes all responsibilities
and liabilities, vested or contingent, with relation to the construction, location and/or
existence of the Temporary Encroachment.
8. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements, as established by the City.
9. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee; and if
such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter, and may collect such compensation and penalties in
any manner provided by law for the collection of local or state taxes.
This Ordinance shall be effective in accordance with Section 107(t) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
I I
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO A
5 PORTION OF CITY PROPERTY KNOWN AS
6 LAKE JOYCE LOCATED BEHIND 4449 LEE
7 AVENUE
8
9 WHEREAS, Bishard Homes, LLC, a Virginia limited liability company,
10 desires to maintain an existing 10.8' x 27.4' wooden pier and broken concrete slope
11 revetment within the City's property known as Lake Joyce located at the rear of 4449 Lee
12 Avenue (the "Temporary Encroachments");
13
14 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
15 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
16 the City's property subject to such terms and conditions as Council may prescribe.
17
18 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20
21 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bishard Homes, LLC, a Virginia
23 limited liability company, its heirs, assigns and successors in title are authorized to maintain
24 an existing 10.8' x 27.4' wooden pier and an existing broken concrete slope revetment in
25 the City's property as shown on the map entitled: "EXHIBIT 'A' OF ENCROACHMENTS
26 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-
27 A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT
28 RECORDED IN INSTRUMENT NUMBER 20160318000226320 IN THE CLERK'S OFFICE
29 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA
30 BEACH, VIRGINIA EXCLUSIVELY FOR BISHARD HOMES, LLC", a copy of which is
31 attached hereto as Exhibit "A" dated October 29, 2015, and on file in the Department of
32 Public Works and to which reference is made for a more particular description;
33
34 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
35 expressly subject to those terms, conditions and criteria contained in the agreement
36 between the City of Virginia Beach and Bishard Homes, LLC (the "Agreement"), an
37 unexecuted copy of which has been presented to the Council in its agenda, and will be
38 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
39 Beach;
40
41 BE IT FURTHER ORDAINED, that the City Manager or his authorized
42 designee is hereby authorized to execute the Agreement upon approval of 15-foot-wide
43 vegetated riparian buffer plan by the Department of Planning/Environmental Management
44 Center. Such plan shall be required prior to final execution of the encroachment
45 Agreement; and
1
1 I i 111
46 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
47 such time as Bishard Homes, LLC and the City Manager or his authorized designee
48 execute the Agreement.
49
50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th
51 day of April , 2016.
CA-13474
R-1
PREPARED: 04/08/16
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
0 1
iffilL, • ,,,, , .
er )
A ..
BLIC ORKS, R AL ESTATE CITE'A ORNEY
2
I 11
F--- —I
LTH op, LAKE JOYCE
1'• PROPERTY OF CITY
�/ OF V/RG/NG4 BEACH EX CONC
fis m. FO - 1570-80-2438 BOAT RAMP
U Lic. No. 2878 (D.B. 1018, P. 154)
4„,„
�� t�
e PROP 10' X 20' \c,0 \
Sl‘t
RN WOODEN P/ER
o
BROKEN CONCRETE/ 4%
32.6 4
SLOPE REVETMENT
EX WOOD Op•/ 16.6'
PIER 2
11•°;
• 27.4'PA1 9 Q9 0
I\ 9.5� ��
p 010:" o
o I to TO/ 23.1' 12. 23 (4)
R02
<via 15.9'
co a�1
6,
C' — MI" A56. ' LOT N
1—A . � W
z LOT . 1570-70-4646CC
3A Ic% co
in 1570-70-5625 I N 0 , CL
I1v 3 � Q � �
t 4W oW " WNmLOTA �2 N �Z o = 4 2
N/F ao to as '�
STANLEY D. COOK, JR. Et _ I ^ a _ Z
& TAMMI L. COOK I y
1570-70-5684 $ .;
(INST 20140207000109770)
(INST 200504080052120) =. 00,' 22.50' rTh 90.00'S 7420'33" E 112.50' ,
ii ��
LEE A VENUE_
H _ — - N 50' R/W N —
11 L , (M.B. 8, P. 82)
LAND SURVEYING SCALE: 1" = 40' EXHIBIT 'A' SHEET 1 OF 1
snt OF
MAPPING DESIGN ENCROACHMENTS
ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO
LOT 1-A AND LOT 3-A, BLOCK 5
AMENDED MAP OF CHESAPEAKE SHORES
PLAT RECORDED IN INSTRUMENT No. 20160318000226320 IN THE CLERK'S
ED MINVEM OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA
VIRGINIA BEACH, VIRGINIA
2981 RIDOpt LANE Exclusive For
VIRGINIA BEACH 57.615 1675 BISHARD 1°105, LLC
foxbndswvey.com 757.815.1875
DRIP/ohk: TMF VIRGINIA BEACH, VA I F.B. P. 129 OCTOBER, 2015 I JN: 015-025
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE (BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made thisn\ day of .N42.,JV \ , 2016, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and BISHARD HOMES, LLC, A VIRGINIA
LIMITED LIABILITY COMPANY, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 3-A, Chesapeake Shores"; as shown on that
certain plat entitled: "RESUBDIVISION OF LOT 1, LOT 2 A PART OF LOT 3, AND A
CLOSED 12 1/2' STRIP OF AN UNNAMED STREET BLOCK 5, AMENDED MAP OF
CHESAPEAKE SHORES (M.B.8, P.82)", prepared by Fox Land Surveying said plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
as Instrument Number 20160318000226320, and being further designated, known, and
described as 4449 Lee Avenue, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to maintain an existing 10.8' x
27.4' wooden pier and an existing broken concrete slope revetment along the shore line
collectively, the "Temporary Encroachment", in the City of Virginia Beach; and
WHEREAS, in maintaining theTemporary Encroachment it is necessary
that the Grantee encroach into a portion of an existing City property known as Lake
Joyce the "Encroachment Area"; and
GPIN: 1570-80-2438; CITY PROPERTY- LAKE JOYCE
GPIN: 1570-70-5625 -4449 Lee Avenue
I I ii
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT 'A' OF
ENCROACHMENTS ONTO LAKE JOYCE, PROPERTYOF
CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-A AND
LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE
SHORES PLAT RECORDEDINSTRUMENT NUMBER
20160318000226320 IN THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, VIRGINIA BEACH, VIRGINIA, EXCLUSIVELY
FOR BISHARD HOMES, LLC," a copy of which is attached
hereto as Exhibit "A" dated October 29, 2015 and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
2
I I
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment. The Grantee shall indemnify,
hold harmless, and defend the City from and against any claims that the Temporary
Encroachment is a use of property other than a public or municipal use.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
consist of a mulched planting bed and contain a mixture of native trees, shrubs and
perennial plants (the "Buffer"). The Buffer shall not be established during the months of
June, July, or August, so that it has the greatest likelihood of survivability. The Grantee
shall notify the Department of Planning when the Buffer is complete and ready for
3
I I i
inspection. An access path, stabilized appropriately to prevent erosion, through the
Buffer to the shoreline is allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment and pending such removal, the City
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
4
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said Bishard Homes, LLC. has caused this
Agreement to be executed on its behalf by, Steven W. Bishard, President of Bishard
Development Corporation, a Virginia corporation, Manager of Bishard Homes, LLC., a
Virginia limited liability company, with due authority to bind said limited liability company.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested
by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
I I i
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
Bishard Homes, L.L.C.,
A Virginia Limited Liability Company
BY: Bishard Development Corporation
A V inia Corporation
By: lifi,a/ lf/'
teven W. Bishard, President
STATE OF
CITY/COUNTY OF lite-qo icc— b41 to-wit:
S4-
The foregoing instrument was acknowledged before me this D I day of
1Y\cvc'l , 2016, by Bishard Homes, L.L.C., on its behalf by, Steven W.
Bishard, President of Bishard Development Corporation, a Virginia corporation,
Manager of Bishard Homes, L.L.C., a Virginia limited liability.
L-00� ► IL (SEAL)
Notary Public
Notary Registration Number: 2-5193:6S— E MCHUGH
Nan Mk
My Commission Expires: Ci.uc usl-311 -011 Coinmonwsalth of Virginia
256255
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
7
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
9-on\N Q2AscZw-6SIGNATURE DSA ` . 'AR 'YER,
SENIOR CITY ATTORNEY
4 -q-u
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
8
1 ii
1--- 7
,LT Op 1,,, LAKE JOYCE
'r• PROPERTY OF CITY
a10 A. OF VIRGINIA BEACH LX CONC
• �' '''I S M. FO I z 1570-80-2438 BOAT RAMP
V Lie
. No. 287; - (D.B. 1018, P. 154)
,< ` O PROP 10' X 20s ` ' WOODEN P/ER
BROKEN CONCRETE/ • 32.6 4
SLOPE REVETMENT
EX WOOD 00•/ 16.6'
PIER 2
• 9
214 27.4' Al.' 0 29 0
9'5'loillis7; p rn
o
3 111111162 3.1' 80212. 23,
-Tii.
A- 6'MA ' N 1.
CA Mr A LOT
I fA � �
LOT 1570-70-4646 Q 2 co-�
3—A I � W1. co
i 1570-70-5625 ci
I N CO k
1
N 3 / ^�Q � (xi
� J fLi
WNm
LOT A , % �Z NN/FSTANLEY D. COOK, JR. _
& TAMMI L. COOK I y
1570-70-5684
o
(INST 20140207000109770)
(INST 200504080052120)
00'' 22.50' {�� 90.00'
S 7420'..33" E 112.50' ,
if AVENUE—
ii _ - N 50' R/W N —
1G 1/ , (M.B. 8, P. 82)
LAND SURVEYING SCALE: 1" = 40' EXHIBIT 'A' SHEET 1 OF 1
SITE DESIGN OF
MAPPING ENCROACHMENTS
1 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO
LOT 1—A AND LOT 3—A, BLOCK 5
AMENDED MAP OF CHESAPEAKE SHORES
PIAT RECORDED IN INSTRUMENT No. 20160318000228320 IN THE CLERK'S
Fii6X OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA
LOOKIVE0142VIRGINIA BEACH, VIRGINIA
2981 RIDDICK LANE Exclusive For
VIRGINIA BEAC57 615 16Th BISHARD HO S, LLC
foxbndeixwy.cam 757.815.1675 �,/
DRW/ohk: TMF VIRGINIA BEACH, VA I F.H. P. 129 OCTOBER, 2015 I JN: 015-025
II
In
2w
1—
.;-
,p.
Lei)i (3 1„LI). f'1' i;
3 -1.`%01
2-, iu ite' luu) Icz:,? i u
mzElicegr
0 o 2 ZJ
0 ., , , •., .: LI ,i) lc, i,g). i ,A.
i:1 -- -
1.: (u ,T) cf: z s t
° LII a i ma. § E
\ ; o 0
• _I re E-c•I 0 ,I,'-• 0
g 1
.
LU
.9
, , ''
L:7
0 0
-
. U
,o (.5
F1'ID '
IC! ,
'',- _ i• , ' CIL E
a 1
1
".
CU
CU
, •
,
...., m
, . c 46
,
0 u u
, .
w
§ (Jo,
,
o-
. g UJ
rK.
Lij
14/
.._,
,..,
'
w e
0) .
w g
_J &
IN
Cj
II...Ilt III
/-------
AL
A
74
Item-V-J.6b
ORDINANCES/RESOLUTIONS
ITEM#65876
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to AUTHORIZE temporary encroachments into portions of City-owned
property:
b. Lake Joyce back of 4453 Lee Avenue(boat ramp and slope revetment)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance to AUTHORIZE temporary encroachments into portions of City-owned property:
b. Lake Joyce back of 4453 Lee Avenue (pier and slope revetment)
(GPIN 1570704646)
1. Nothing herein shall prohibit the City from immediately removing or ordering the
Grantee to remove, all or any part of the Temporary Encroachment from the
Encroachment Area in the event of an emergency or public necessity and Grantee
shall bear all costs and expenses of such removal.
2. It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee and that within
thirty (30) days after the notice is given, the Temporary Encroachment must be
removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
3. It is further expressly understood and agreed that the Grantee shall indemnify, hold
harmless and defend the City, its agents and employees,from and against all claims,
damages, losses and expenses, including reasonable attorney's fees, in case it shall
be necessary to file or defend an action arising out of the construction, location or
existence of the Temporary Encroachment. The Grantee shall indemnify, hold
harmless and defend the City from and against any claims that the Temporary
Encroachment is a use of property other than a public or municipal use.
4. It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited
extent specified herein, nor to permit the maintenance and construction of any
encroachment by anyone other than the Grantee.
5. It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
6. It is further expressly understood and agreed that the Grantee shall establish and
maintain a Riparian Buffer, which shall be a minimum of fifteen (15)feet in width
landward from the shoreline, shall run the entire length of the shoreline and shall
consist of a mulched planting bed and contain a mixture of native trees, shrubs and
perennial plants (the "Buffer"). The Buffer shall not be established during the
months of June, July or August, so that it has the greatest likelihood of
survivability. The Grantee shall notify the Department of Planning when the Buffer
is complete and ready for inspection. An access path, stabilized appropriately to
prevent erosion, through the Buffer to the shoreline is allowed.
April 19, 2016
75
Item-V-J.6b
ORDINANCES/RESOLUTIONS
ITEM#65876
(Continued)
7. It is further expressly understood and agreed that the Grantee must obtain and keep
in effect liability insurance with the City as a named insured in an amount not less
than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance
must be registered and licensed to provide insurance in the Commonwealth of
Virginia. The Grantee will provide endorsements providing at least thirty (30) days
written notice to the City prior to the cancellation or termination of or material
change to, any of the insurance policies. The Grantee assumes all responsibilities
and liabilities, vested or contingent, with relation to the construction, location and/or
existence of the Temporary Encroachment.
8. It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setback requirements, as established by the City.
9. It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and
charge the cost thereof to the Grantee and collect the cost in any manner provided by
law for the collection of local or state taxes; may require the Grantee to remove the
Temporary Encroachment; and pending such removal, the City may charge the
Grantee for the use of the Encroachment Area, the equivalent of what would be the
real property tax upon the land so occupied if it were owned by the Grantee; and if
such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is
allowed to continue thereafter and may collect such compensation and penalties in
any manner provided by law for the collection of local or state taxes.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
I I i
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 TEMPORARY ENCROACHMENTS INTO A
5 PORTION OF CITY PROPERTY KNOWN AS
6 LAKE JOYCE LOCATED BEHIND 4453 LEE
7 AVENUE
8
9 WHEREAS, Bishard Homes, LLC, a Virginia limited liability company,
10 desires to construct and maintain an existing 10.0' by 24.0' concrete boat ramp, and
11 broken concrete slope revetment along the shore line , and construct and maintain a
12 proposed 10' x 20'wooden pier within the City's property, known as Lake Joyce located at
13 the rear of 4453 Lee Avenue (collectively, "Temporary Encroachments");
14
15 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
16 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon
17 the City's property subject to such terms and conditions as Council may prescribe.
18
19 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
20 VIRGINIA BEACH, VIRGINIA:
21
22 That pursuant to the authority and to the extent thereof contained in §§ 15.2-
23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Bishard Homes, LLC, a Virginia
24 limited liability company, its heirs, assigns and successors in title are authorized to maintain
25 an existing 10.0' by 24.0' concrete boat ramp, existing broken concrete slope revetment
26 along the shore line , and to construct and maintain a proposed 10' x 20' wooden pier in
27 the City's property as shown on the map entitled: "EXHIBIT "A" OF ENCROACHMENTS
28 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-
29 A AND LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE SHORES PLAT
30 RECORDED IN INSTRUMENT NUMBER 20160318000226320 IN THE CLERK'S OFFICE
31 OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA VIRGINIA
32 BEACH VIRGINIA EXCLUSIVELY FOR BISHARD HOMES, LLC", a copy of which is
33 attached hereto as Exhibit " A" dated October 29, 2015, and on file in the Department of
34 Public Works and to which reference is made for a more particular description;
35
36 BE IT FURTHER ORDAINED, that the Temporary Encroachments are
37 expressly subject to those terms, conditions and criteria contained in the agreement
38 between the City of Virginia Beach and Bishard Homes, LLC, (the "Agreement"), an
39 unexecuted copy of which has been presented to the Council in its agenda, and will be
40 recorded among the records of the Clerk's Office of the Circuit Court of the City of Virginia
41 Beach;
42
43 BE IT FURTHER ORDAINED, that the City Manager or his authorized
44 designee is hereby authorized to execute the Agreement upon approval of 15-foot-wide
1
1 II i Ill
45 vegetated riparian buffer plan by the Department of Planning/Environmental Management
46 Center. Such plan shall be required prior to final execution of the Agreement; and
47
48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
49 such time as Bishard Homes, LLC and the City Manager or his authorized designee
50 execute the Agreement.
51
52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19th
53 day of April , 2016.
CA-13473
R-1
PREPARED: 4/8/16
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL
SUFFICIENCY AND FORM:
# i ,
i I
,firr / P ' _1,
PU:LIC to RKS, REAL ESTATE - - Y ' Ti RNEY
2
1 1 11
F ---1
LT op. LAKE JOYCE
_
_ PROPERTY OF CITY
MA OF PIRG/Ni4 BEACHEX CONC
• ' ' 'IS M. FO 1P-4 1570-80-2438 BOAT RAMP
U Lie. No. 287: (0.8. 1018, P. 154)
9 t O PROP 10' X 20' '\C).
S, ,R IP WOODEN P/ER o
BROKEN CONCRETE/ 32.6 4
SLOPE REVETMENT
£X WOOD oo• 16.6'
PIER . 9Z ,
�b 11.6: 2Z4' Ail' 29
I\ 9.5� o o P .10v* 0• to 0 23.1' .412. 23 .
r_.1
1 15.9' R
cc .:)
tO
Cm - Mil, A056 ' LOT N ill
1-A
3—A I ^ 1570-70-4646 2
co
4 1570-70-5625 I N y k
, o a t Q � 4i
v jfiV3 WV ^ � NmLOTA Z N hZ o � 2 4
N/F � o o) a o Q �.
STANLEY D. COOK, JR. a Cc _ I ^ a ck _
& TAMMI L. COOK I y
1570-70-5684 %
(INST 20140207000109770)
(INST 200504080052120)
' OA
g,' 22.50'7---- 90.00'
"rte S 7420'.53" E 112.50' ,
', 71 LEE AVENUE-
4
H _ - - N50' R/WN —
, < (M.B. 8, P. 82)
LAND SURVEYING SCALE: 1" = 40' EXHIBIT 'A' SHEET 1 OF 1
SITE DESIGN OF
MAPPING ENCROACHMENTS
1 ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO
LOT 1—A AND LOT 3—A, BLOCK 5
AMENDED MAP OF CHESAPEAKE SHORES
PIAT RECORDED IN INSTRUMENT No. 20180318000228320 IN THE CLERK'S
Fiii6X OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA
IANDIONIMNII VIRGINIA BEACH, VIRGINIA
2981 RIDDICK LANE Exclusively For
VIRGINIA BEACH23456
folandewvey.ccm 757.615•1675
SISARD HO 8, LLC
DRR/chk: TMF VIRGINIA BEACH, VA 1 F.H. P. 1 29 OCTOBER, 2015 1 JN:015-025
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE(BOX 31)
EXEMPTED FROM RECORDATION TAXES
UNDER SECTION 58.1-811(C)(4)
THIS AGREEMENT, made this3\ day of M(\\16"\ , 2016, by
and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the
Commonwealth of Virginia, Grantor, "City", and BISHARD HOMES, LLC, A VIRGINIA
LIMITED LIABILITY COMPANY, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee", even though more than one.
WITNESSETH:
WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "Lot 1-A, Chesapeake Shores"; as shown on that
certain plat entitled: "RESUBDIVISION OF LOT 1, LOT 2 A PART OF LOT 3, AND A
CLOSED 12 '/z' STRIP OF AN UNNAMED STREET BLOCK 5, AMENDED MAP OF
CHESAPEAKE SHORES (M.B.8, P.82)", prepared by Fox Land Surveying said plat is
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
as Instrument Number 20160318000226320, and being further designated, known, and
described as 4453 Lee Avenue, Virginia Beach, Virginia 23455;
WHEREAS, it is proposed by the Grantee to maintain a 10.0' by 24.0'
existing concrete boat ramp, existing broken concrete slope revetment along the shore
line and construct and maintain a proposed 10' by 20' wooden pier collectively, the
"Temporary Encroachment", in the City of Virginia Beach; and
GPIN: 1570-80-2438; CITY PROPERTY -LAKE JOYCE
GPIN: 1570-70-4646; 4453 Lee Avenue
111WHEREAS, in constructing and maintaining the Temporary
Encroachment, it is necessary that the Grantee encroach into a portion of an existing
City property known as Lake Joyce the "Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit the Temporary
Encroachment within the Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the Grantee and for the further consideration of One
Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged,
the City hereby grants to the Grantee permission to use the Encroachment Area for the
purpose of constructing and maintaining the Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment
will be constructed and maintained in accordance with the laws of the Commonwealth of
Virginia and the City of Virginia Beach, and in accordance with the City's specifications
and approval and is more particularly described as follows, to wit:
A Temporary Encroachment into the Encroachment Area as
shown on that certain exhibit plat entitled: "EXHIBIT `A' OF
ENCROACHMENTS ONTO LAKE JOYCE PROPERTY OF
CITY OF VIRGINIA BEACH ADJACENT TO LOT 1-A AND
LOT 3-A, BLOCK 5 AMENDED MAP OF CHESAPEAKE
SHORES PLAT RECORDED IN INSTRUMENT NUMBER
20160318000226320 THE CLERK'S OFFICE OF THE
CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA, VIRGINIA BEACH, VIRGINIA, EXCLUSIVELY
FOR BISHARD HOMES, LLC," a copy of which is attached
hereto as Exhibit "A" dated October 29, 2016 and to which
reference is made for a more particular description.
Providing however, nothing herein shall prohibit the City from immediately
removing, or ordering the Grantee to remove, all or any part of the Temporary
2
i
Encroachment from the Encroachment Area in the event of an emergency or public
necessity, and Grantee shall bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Temporary
Encroachment herein authorized terminates upon notice by the City to the Grantee, and
that within thirty (30) days after the notice is given, the Temporary Encroachment must
be removed from the Encroachment Area by the Grantee; and that the Grantee will bear
all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall
indemnify, hold harmless, and defend the City, its agents and employees, from and
against all claims, damages, losses and expenses, including reasonable attorney's fees,
in case it shall be necessary to file or defend an action arising out of the construction,
location or existence of the Temporary Encroachment. The Grantee shall indemnify,
hold harmless, and defend the City from and against any claims that the Temporary
Encroachment is a use of property other than a public or municipal use.
It is further expressly understood and agreed that nothing herein
contained shall be construed to enlarge the permission and authority to permit the
maintenance or construction of any encroachment other than that specified herein and
to the limited extent specified herein, nor to permit the maintenance and construction of
any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to
maintain the Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee shall
establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width
landward from the shoreline, shall run the entire length of the shoreline, and shall
3
i 111
consist of a mulched planting bed and contain a mixture of native trees, shrubs and
perennial plants (the "Buffer"). The Buffer shall not be established during the months of
June, July, or August, so that it has the greatest likelihood of survivability. The Grantee
shall notify the Department of Planning when the Buffer is complete and ready for
inspection. An access path, stabilized appropriately to prevent erosion, through the
Buffer to the shoreline is allowed.
It is further expressly understood and agreed that the Grantee must obtain
and keep in effect liability insurance with the City as a named insured in an amount not
less than $500,000.00, per person injured and property damage per incident, combined,
with the City listed as an additional insured. The company providing the insurance must
be registered and licensed to provide insurance in the Commonwealth of Virginia. The
Grantee will provide endorsements providing at least thirty (30) days written notice to
the City prior to the cancellation or termination of, or material change to, any of the
insurance policies. The Grantee assumes all responsibilities and liabilities, vested or
contingent, with relation to the construction, location, and/or existence of the Temporary
Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setback requirements, as established by
the City.
It is further expressly understood and agreed that the City, upon
revocation of such authority and permission so granted, may remove the Temporary
Encroachment and charge the cost thereof to the Grantee, and collect the cost in any
manner provided by law for the collection of local or state taxes; may require the
Grantee to remove the Temporary Encroachment; and pending such removal, the City
4
i
may charge the Grantee for the use of the Encroachment Area, the equivalent of what
would be the real property tax upon the land so occupied if it were owned by the
Grantee; and if such removal shall not be made within the time ordered hereinabove by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that the Temporary Encroachment is allowed
to continue thereafter, and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said Bishard Homes, LLC. has caused this
Agreement to be executed on its behalf by, Steven W. Bishard, President of Bishard
Development Corporation, a Virginia corporation, Manager of Bishard Homes, L.L.C., a
Virginia limited liability company, with due authority to bind said limited liability company.
Further, that the City of Virginia Beach has caused this Agreement to be executed in its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested
by its City Clerk.
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
5
111
CITY OF VIRGINIA BEACH
By (SEAL)
City Manager/Authorized
Designee of the City Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
on its behalf. He/She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
(SEAL)
ATTEST:
City Clerk/Authorized
Designee of the City Clerk
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this day of
, 2016, by , CITY CLERK/AUTHORIZED
DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on
its behalf. She is personally known to me.
(SEAL)
Notary Public
Notary Registration Number:
My Commission Expires:
6
Bishard Homes, L.L.C.,
A Virginia Limited Liability Company
BY: Bishard Development Corporatio•
A Vir•inia - •• ation '
By: d #' !i 1111 /
Steven W. Bishard, President
STATE OF `,
CITY/COUNTY OF Yirricc Beads , to-wit:
The foregoing instrument was acknowledged before me this 3 day of
MAy& , 2016, by Bishard Homes, LLC., on its behalf by, Steven W. Bishard,
President of Bishard Development Corporation, a Virginia corporation, Manager of
Bishard Homes, L.L.C., a Virginia limited liability.
(SEAL)
Notary Public
Notary Registration Number: D5025—S—
MELONIE MCHUGH
My Commission Expires: US� 3i aDIl
Mtn Y Punk
Commonweal!of Virginia
268255
Commission 31,2011
(THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK)
7
APPROVED AS TO CONTENTS APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
•
1 J
SIGNATURE _. -A . HARMEYER,
SENIOR CITY ATTORNEY
DATE
PUBLIC WORKS / REAL ESTATE
DEPARTMENT / DIVISION
8
I III
F 7
'LTH Opt, LAKE JOYCE
'r. PROPERTY OF CITY
_41-
�". .--A fr OF VIRGINhl BEACHIKle LX CONC
U - •'IS M. FO tr. 1570-80-2438 BOAT RAMP
Lie. No. 287• (D.B. 1018, P. 154)
'<fitS 14," PROP 10' X 20'SR� WOODEN PIER °
BROKEN CONCRETE/ 32.6 4
SLOPE REVETMENT
EX WOOD oo• :41ial
.s
PIER • 92 ,
1 0
v 9.5' 1.1.1: �o 0 2Z4'A�1ly105 Z9 0
m c» 23.1 4 72• f
t<
11 IN 15.9'
R-2
T \
w - �`� A5'5' '. LOT N W
1-A W
LOT 1570-70-4646 CC -.
3-A to ;' � 2tO
v ° 1570-70-5625 I N N 0)
•\ '0) ct
3 h
os
/ a W v W Lu 1W "
LOT A A % V1Z c\ hZ o 2
N/F * Ro as
STANLEY D. COOK, JR. a — I ^ tri
a _ Z
& TAMMI L. COOK c5 I Cr, ekiJ
1570-70-5684 $
(INST 20140207000109770)
(INST 200504080052120)
%' 22.50' -- 90.00'
r
S 7420'.33" E 112.50'
// ��
';, LEE A VENUE_
HH — — - N50' R/WN —
(M.B. 8, P. 82)
LAND SURVEYING SCALE: 1" = 40' EXHIBIT 'A' SHEET 1 OF 1
SITE DESIGN OF
MAPPING ENCROACHMENTS
ONTO LAKE JOYCE, PROPERTY OF CITY OF VIRGINIA BEACH ADJACENT TO
LOT 1-A AND LOT 3-A, BLOCK 5
AMENDED MAP OF CHESAPEAKE SHORES
PLAT RECORDED IN INSTRUMENT No. 20160318000226320 IN THE CLERIC'S
OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA-
ENDIMBERM VIRGINIA BEACH, VIRGINIA
2981 RIDO CK LANE Exclusively For
VIRGINIA BEACH 3456
BISHARD I B, LLC
fox{ondwneycom 757-615.1673
DRW/chk: TMF VIRGINIA BEACH, VA I F.H. P. I 29 OCTOBER, 2015 I.IN: 015-025
,
I
w a
I .. d
' �� W cn U o
co
O > WreOo 0 0
�' F= a t0 = r� o W
Q W = O r J
OJ J O = d. oz s, o Vf
s-
•--
L:7
° 3
� U m c � �
W
O
L
0 0
m
O
o
o
. tts)
I
Q
o
a J
Q
N�N
Liti
Lu
Q-QsGJYMI
O d ),0°,5::
VoW1.1JLIJ
J =
c„crID oJ C O....o�m
II
76
Item -V-17a
ORDINANCES/RESOLUTIONS
ITEM#65877
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
a. $380,325 fund balance of the Federal and State Seized Asset Fund to the
Police for equipment and software licenses
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
i II Ili
1 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF
2 THE FEDERAL AND STATE SEIZED ASSET FUND FOR
3 POLICE EQUIPMENT AND SOFTWARE LICENSES
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $380,325 is hereby appropriated from the fund balance of the Federal and
9 State Seized Asset Fund, with specific Fund Reserves increased accordingly, to the FY
10 2015-16 Police Department Operating Budget to purchase priority equipment and software
11 licenses.
12 19th
13 Adopted by the Council of the City of Virginia Beach, Virginia on the day
14 of April , 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
4tL5eces- ,-/ /
City r y's fi e
CA13715
R-1
March 31, 2016
II
77
Item-V-J.7b
ORDINANCES/RESOLUTIONS
ITEM#65878
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin City Council ADOPTED, BY
CONSENT, Ordinance to APPROPRIATE:
b. $176,442 in State revenue and TRANSFER $132,342 from the General
Contingencies to the General Registrar for the June Republican
Primary Election
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1 AN ORDINANCE TO APPROPRIATE STATE
2 REVENUE AND TO TRANSFER FUNDS FOR THE
3 JUNE REPUBLICAN PRIMARY ELECTION
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA, THAT:
7
8 1. $176,442 in state revenue is hereby appropriated, with estimated state
9 revenues increased accordingly, to the FY 2015-16 Operating Budget of the
10 General Registrar for costs associated with the June Republican Primary
11 Election; and
12
13 2. $132,342 is hereby transferred from the General Fund Reserve for
14 Contingencies to the FY 2015-16 Operating Budget of the General Registrar
15 for costs associated with the Republican Primary Election.
Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day
of April , 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
A�
Budget an. a-agement Services Ci ° ney s Office
CA13727
R-1
April 8, 2016
78
Item -V-J.8a
ORDINANCES/RESOLUTIONS
ITEM#65879
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
a. $844,447 from the National Oceanic and Atmospheric Administration to
Citywide Sea Level Rise/Recurrent Flooding Analysis
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
II i
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 $844,447 FROM THE NATIONAL OCEANIC AND
3 ATMOSPHERIC ADMINISTRATION TO CIP # 7-030
4 CITYWIDE SEA LEVEL RISE/RECURRENT FLOODING
5 ANALYSIS
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9
10 That $844,447 is hereby accepted from the National Oceanic and Atmospheric
11 Administration and appropriated, with federal revenue increased accordingly, to Capital
12 Project #7-030, Citywide Sea Level Rise/Recurrent Flooding Analysis, to develop a
13 response plan for sea level rise and recurrent flooding.
Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of
April 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
(47
Budget an Ma agement Services Cit e •rn- ' Office
CA13722
R-1
April 6, 2016
79
Item-V-18b
ORDINANCES/RESOLUTIONS
ITEM#65880
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to ACCEPT and APPROPRIATE:
b. $53,965 from Virginia Department of Health, $19,877 from EMS
training classes revenue and $36,460 from pre payments for stand-by
duty at special events to EMS re equipment and medical supplies
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS
2 TO PURCHASE ADDITIONAL RESCUE EQUIPMENT AND
3 MEDICAL SUPPLIES TO ENHANCE RESCUE/MEDICAL
4 CAPABILITIES
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA THAT:
8
9 The following revenues from the following sources are hereby accepted and
10 appropriated to the FY 2015-16 Operating Budget of the Department of Emergency
11 Medical Services to purchase additional rescue equipment and medical supplies to
12 enhance rescue/medical capabilities and training capacity:
13
14 1) $53,965 from the Virginia Department of Health, Office of Emergency Medical
15 Services Four-for-Life Return to Localities and Training Programs;
16
17 2) $19,877 generated by the Department of Emergency Medical Services'
18 training classes; and
19
20 3) $36,460 received from special events organizers to reimburse the City for
21 pre-payments made to Volunteer Rescue Squads for stand-by duty provided at special
22 events.
Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day
of April 2016.
Requires an affirmative vote by a majority of all of the members of City Council.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
2)4S
Bud et d 9 Mina ement Services Cit ey's ffice 9
CA13723
R-1
April 6, 2016
80
Item -V-J.9
ORDINANCES/RESOLUTIONS
ITEM#65881
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Ordinance to TRANSFER $400,000 from General Fund Neighborhood Dredging Reserves
to Beach Replenishment and AUTHORIZE an emergency beach replenishment at Cape Henry Beach
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1 AN ORDINANCE TO TRANSFER $400,000 TO CIP 8-008,
2 BEACH REPLENISHMENT, FOR AN EMERGENCY BEACH
3 REPLENISHMENT AT CAPE HENRY BEACH
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
6 VIRGINIA:
7
8 That $400,000 is hereby transferred to CIP 8-008, Beach Replenishment, for an
9 emergency beach replenishment at Cape Henry Beach from the following sources:
10 $220,000 from the FY 2015-16 General Fund Neighborhood Dredging Reserves in the
11 Operating Budget; and $180,000 from CIP 8-409, Chesapeake Beach.
Adopted by the Council of the City of Virginia Beach, Virginia on the 19thday of
April 2016.
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
// I 1 AC
✓v-
budget . d M.nagement Services City A t • ey's Office
CA13724
R-1
April 6, 2016
11
81
Item-V-J.10
ORDINANCES/RESOLUTIONS
ITEM#65881(a)
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council ADOPTED, BY
CONSENT, Resolution in RECOGNITION of AMBASSADOR JOSE CUISIA, JR.,DAY
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
o $iLt
i ® s
,44. 4,
RESOLUTION
WHEREAS: Jose Cuisia, Jr. was Commissioned as Ambassador for the Philippines on February 9,
2011, he moved into the office of the Philippine Embassy in Washington, DC on April 2, 2011.
Ambassador Cuisia was credentialed by President Obama on July 7,2011;
WHEREAS: Ambassador Cuisia has left his `footprints in the sands of time"by his many initiatives in
the United States for Philippine citizens in creating and sustaining the best "people-to-people"
relationships and communication ever; engaging the Fil-Am Communities across the United States as
"bridge builders"between their mother country and their adopted homeland; establishing new ways to
promote cultural changes, continue education and appreciate their heritage in a new way of living;
promoting trade and economic investment within the Philippines;and,with his wife Victoria,creating and
promoting the Merienda Youth Forum program as well as the Filipino Young Leader Professionals
[FYLPRO];
WHEREAS: Ambassador Cuisia has visited Virginia Beach several times--the first being a meeting
with Mayor Sessoms,Secretary of Commerce James Cheng and Economic Development Director Warren
Harris in November 2012,at which time he was interviewed by CBN Newswatch on the"State of Affairs in
the Philippines". He toured Virginia Electronic Systems and German manufacturer,STIHL. He attended
the Fil-Am Vote Coalition of Hampton Roads advocating for citizen responsibility to register to vote and to
vote in the United States,this strengthening the Filipino-American Voice in America. His second visit was
in May 2013 when he met with fifty companies at the Founders Inn Business Forum/Luncheon,sponsored
by Virginia Beach Economic Development and the Virginia Port Authority. His business tour included On-
Call Holdings,BHI International,Navy Exchange and Commissary Command, the MacArthur Memorial
Foundation, Tallwood High School's Global Studies and International Languages Academy; the USS
WASP on the largest Naval Base in the world[Norfolk], the Sister Cities Association of Virginia Beach
[SCAVB]and was the keynote speaker for the World Affairs Council dinner. It was during his visit with
Delegate Ron Villanueva and the SCAVB that he was asked what municipality in the Philippines would be
the most appropriate with which to establish a "sister city"relationship. His Immediate response was
Olongapo,due to their military history,close proximity to Clark Air Force Base and Subic Bay and in his
assessment of Virginia Beach's history and current Filipino population;
WHEREAS: The first Virginia Beach Trade Mission was headed by Virginia Delegate Ron Villanueva,
Warren Harris and Roy Estaris in August 2013. The Olongapo City Council had voted and Mayor Rolen
Paulin presented their formal Resolutions Nos. 77 and 78 authorizing the creation of a "sister city"
relationship with Virginia Beach. As a result, Olongapo was invited to participate in Virginia Beach's
Fiftieth Anniversary celebration in September 2013. This was Mayor Paulino's and many of his Mayoral
Delegation's first visit to Virginia Beach. They were impressed and committed to furthering the
relationship with educational, cultural and economic exchanges. Soon after that visit, a devastating
Typhoon struck the Philippines killing `hundreds of people,and destroying homes,land and buildings. In
November 2013,the Virginia Beach City Council voted to gift four rescue boats that were excess property
to Olongapo and those have been shipped to assist in future rescue efforts. In addition,five Olongapo
Firefighters recently committed six months of their lives to come to Virginia Beach and train in the
Fire/EMS Academy to enhance their emergency public safety. In March 2014, the first educational
exchange visit took Tallwood High School students to Olongapo. In May 2014, the Virginia Beach
Mayoral Delegation, led by Councilman Jim Wood, City Clerk Ruth Fraser, Warren Harris and EMS
Captain Budy were accompanied by Roy and Naomi Estaris,for the first official Sister City visit to
Olongapo at which time the first-ever Sister City/Trade Office was christened within the Olongapo City
Hall. In October that year, based on Ambassador Cuisia's requirements, the first Olongapo students
arrived in Virginia Beach to exchange with Tallwood High School. This was the first-ever complete
student exchange rotation between the Philippines and the United States;
11
WHEREAS: The Filipino Community and City of Olongapo,having met the criteria to be twinned with
Virginia Beach as a "Sister City", SCA VB requested the Virginia Beach City Council approve their
request to Sister Cities International for a charter. On October 7, 2014, the City Council adopted the
Resolution to authorize the formal relationship and request that SCI charter which was granted. The
Charter ceremony was planned, and on July 6, 2015,Mayor Paulino and all Members of the Olongapo
City Council were in Virginia Beach to witness the signing and celebrate. In November 2014, Mayor
Sessoms visited Olongapo. While there,he dedicated the Sister City/Trade office as well as the "Anchor of
Friendship". On November 30, 2015,Ambassador Cuisia,Senator Wagner,Delegate Villanueva,Mayor
Paulin and his Mayoral Delegation visited Virginia Beach to attend the dedication of the `Anchor", to
mirror the same symbol of"Friendship", at Kemps Landing, the original Filipino population area in
Virginia Beach. This anchor was gifted to the City of Virginia Beach by the Mariners Museum in Newport
News extending this relationship regionally. These signing dates were significant as they also coincided
with the July Fourth and FilAm Friendship Day celebrations;
WHEREAS: On February 16,2016,Olongapo Firefighters arrived in Virginia Beach to enroll in the six
month Fire/EMS Academy for specialized training which will enable them to go home and begin training
others to bolster Olongapo'a ability to meet emergency and disaster situations. Much of the funding for
this exchange training was made possible through a Grant from Rotary International through the Cape
Henry and Olongapo Rotaries;and,
WHEREAS: The first-ever in the United States port sister-relationship was signed by Agreement on
March 5,2016,between the Virginia Port Authority and the Subic Bay Metropolitan Authority. This was
SBMA Chairman, Roberto Garcia's,first visit to Virginia. Many of his Directors accompanied him and
acknowledged their search of other areas was ended when they met the officials of the Virginia Port
Authority and learned many opportunities for future coordination were possible.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council recognizes
Ambassador Cuisia for his foresight, seizing the many opportunities to bridge peace,security, economic
ties, understanding, education and cultural ties between the Philippines and the United States. He also
mirrors the "People-to-People"program established sixty years ago by President Dwight Eisenhower in
his masterminding of this relationship. Another similarity between the Ambassador and the President is
that each of them was conferred the Grand Collar(Raja)and the Grand Cross(Datu)of Sikatuna. Also,
Ambassador Cuisia has been Grand Officer,Commander,Officer and Member.
BE IT FURTHER RESOLVED: That the Virginia Beach City Council pauses during its Formal
deliberations this Nineteenth Day of April, Two Thousand Sixteen to declare:
AMBASSADOR JOSE CUISIA, JR. DAY
and presents this Resolution duly signed by each Member of the Virginia Beach City Council with a copy
spread upon the Minutes of this meeting.
✓%=1111, . ..i
ou man Be venport Councilman�6ert Bob"Dyer Counci Lady Barbara MarleyCaunci ray nnon Kane �
C (man John(D.;Koss Counci(Gray ► Ame/a N Ross-
Yman John E.Vhrin ��
CouncilLady____Lj:______ 4ep ry'Wi'(son . Cou r James L.'Wood
`Vice Mayor Louis Jones Mayoriih iam e. •11"Sessoms,Jr.
11
82
Item—V-K
PLANNING ITEM#65882
1. TATTOO SKILLS TOO,LLC CONDITIONAL USE PERMIT
2. STEPHANIE L. WEEKES CONDITIONAL USE PERMIT
3. VEONCA EVANS CONDITIONAL USE PERMIT
4.PEMBROKE SQUARE ASSOCIATES,LLC CONDITIONAL USE PERMIT
5.ASHDON BUILDERS,INC CHANGE OF ZONING
6. TITAN MYERS DEVELOPMENT,LLC CONDITIONAL CHANGE OF
ZONING
7a/b/c. CITY OF VIRGINIA BEACH CITY ZONING ORDINANCE
ITEM#5 WILL BE CONSIDERED SEPARATELY
COUNCILMAN DAVENPORT WILL ABSTAIN ON ITEM#5
ITEM#6 WILL BE CONSIDERED SEPARATELY
COUNCILMAN WOOD WILL ABSTAIN ON ITEM#6
April 19, 2016
83
Item -V-K
PLANNING ITEM#65883
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, BY
CONSENT:Item 1, 2, 3, 4, 5, 6 and 7a(i.-iv)/b/c of the PLANNING AGENDA.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
II
84
Item—V-K.1
PLANNING ITEM#65884
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of TATTOO SKILLS TOO, LLC / DAM NECK
SQUARE, LLC for a Conditional Use Permit re a tattoo parlor at 1577 General Booth Boulevard
DISTRICT 6—BEACH
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TATTOO SKILLS TOO, LLC/DAM
NECK SQUARE, LLC for a Conditional Use Permit re a tattoo parlor
at 1577 General Booth Boulevard (GPIN 2415458709) DISTRICT 6 —
BEACH
The following condition shall be required:
1. A business license shall not be issued to the applicant without the approval of the
Health Department for consistency with the provisions of Chapter 23 of the City
Code.
2. The actual tattoo application shall not be visible from the exterior of the
establishment or from the waiting and sales area within the establishment.
3. Any on-site signage for the tattoo establishment shall meet the requirements of the
City Zoning Ordinance and there shall be no neon, electronic display or similar signs
installed on any exterior wall of the building or in any windows or on the doors. A
separate Sign Permit shall be obtained from the Planning Department for the
installation of any signage.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
11
3 1P.
.�
�,'
II % 4:7;:"
,„,,,,,,t,,,,, :::-: iiiiii,„1144114k1.---_,,,,r.:::: ittittirAtimi i
,: II 1110 ,1,‘ *L-474 s,t-' girmii"Aaits' .4
i
64*4 .4(.,./:j
0 csi 0 1
2,1
h
iligh J.
*Jr' ,„
!` 1
:t---„,, -,,,,:4',<1 '. Cal t
E)
►� ""' ,
....•
*.. 4,3-fly
2 D.,,e
vitit,..,....,,, ,.„,,,„„,,. _
,. ,.,. ,„, .2..?,•-7,7''''e'..- </a. - 1.:'''',.'v-,.,i2--.---N;.. (44. -
,,,,,,,,,,,,, ....,,,,„.,,, tit.:,,,_ i,,. 0 7 ,!,,',''''.g.:"r!--'=:'-'°;iii,:::-'::::,5,61:°: ''. '
vti
a A 0
i - 1C '«?' 4::
r!
cNii
78 .,
1
03
Gd ,
, _.,,t _ 1 N
cm 0
it?
rte.
Ca
i--- _71,,,,,..,,,,,,,
,‘,... c:), CZ) C:Z:::).
it
k
o
ff
,i2-4,-: ,1: -'' i,,,.
At
eiiii.
i.,..1",,,,..t:le
6
igli) , 41‘if,:„., ,, 0 :.; ''' 1 '', '''''' 4‘, alli*Pi.--::. it.._ ,4114144-1111 toir ',,,
Rg
tit
4.'1* + ' V.11 11?Est,' ' 'e et
14) :1111 ' lir
ar If li. iliPlitill'air4 i?'‘ ' :--, •11 . ' ''':': ' -, • 'do iir irros.
41/ifip
soirita.a. - -1.„.„..., - -\
74:1'1 /.% .': ' ''''', 111 -\
itcir
NO , I
E nxSP
., gip.
85
Item—V-K.
PLANNING ITEM#65885
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of STEPHANIE L. WEEKES for a Conditional Use
Permit re day-care at 1205 Sydenham Court DISTRICT 1 —CENTERVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of STEPHANIE L. WEEKES for a
Conditional Use Permit re day-care at 1205 Sydenham Court (GPIN
1475128402)DISTRICT 1—CENTERVILLE
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular congestion.
2. The hours of operation shall be Monday through Friday, between the hours of 6:00
AM to 6:00 PM
3. The home Daycare shall be limited to a total of twelve (12) children, other than
children living in the home.
4. The applicant shall maintain a license with the Commonwealth of Virginia,
Department of Social Services.
5. No more than one (1)person, other than the applicant, shall assist with the operation
of the Home Daycare at any one time.
6. Any sign identifying the home occupation shall be non-illuminated, not more than
one(1)square foot in area and mounted flat against the residence.
7. The applicant shall obtain all necessary permits and inspections from the City of
Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of
Occupancy from the Building Official's Office for use of the house as a Family
Daycare Home.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
April 19, 2016
1 II
0
I
Oe
.,,..... 'C.). °OIL 111.7.1.1 El 44
11 Ili . ...... .:- '''',i',--;,','' - , --,...::.,,--,.--::,
Y. txt
axx
ii.
- _Vit w
10 p 0 AP't,„,','-'1'•'.
•
,,-)4:
Ss'. -r .G.'A-.. yd
0
141.44.,;;;;11:4F.;.' 4
Oda 4
. 0... •
..„..,
,,,:,.:
....„,,,
0
.;,r�S ce
tvi
vc,
tsvIsi„., „,?z: _tr
,,,,,x.:41,41.1: ::, ,,,,,,,,,..:::::::,:is.,•i„,
_,Alt ,,:,,ii„.1:,,,.. ::411,,,i4;;.:ir.,:(t.;it,.:51:,z,,, , 1',.,..':':
3:1 , .,,s,;,:i..p.,i,„,;..,,,,,,.,"-gtliti,,44-7,.,..;.t, ,,
Gam' rr :
'° r :4, .Y'4 z- .
0
11".'.11::,.,It',,,,.
E
En-10010
:,,,:vH,:!",.. . ..'_.#:,iiii
0 111
.""-...,...,,........ <..-.."\\11> ir-----7 /I lie-k> ''-' '
r-----3_. . .,.--,T:.'t.' ,
r
1 iii1 II
87
Item—V-K.3
PLANNING ITEM#65886
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of VEONCA EVANS/NHI HO for a Conditional Use
Permit re day-care at 5490 Davis Way DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of VEONCA EVANS / NHI HO for a
Conditional Use Permit re day-care at 5490 Davis Way (GPIN
1467497384)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
1. Arrival and departure times shall be staggered to avoid vehicular congestion.
2. The hours of operation shall be Monday through Friday, between the hours of 6:00
AM to 8:00 PM
3. The home Daycare shall be limited to a total of eight (8) children, other than children
living in the home.
4. The applicant shall maintain a license with the Commonwealth of Virginia,
Department of Social Services.
5. No more than one (1)person, other than the applicant, shall assist with the operation
of the Home Daycare at any one time.
6. Any sign identfing the home occupation shall be non-illuminated, not more than
one (1)square foot in area and mounted flat against the residence.
7. The applicant shall obtain all necessary permits and inspections from the City of
Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of
Occupancy from the Building Official's Office for use of the house as a Family
Daycare Home.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
April 19, 2016
88
Item—V-K.3
PLANNING ITEM#65886
(Continued)
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1/1Le)] li
•
t;
w 0
ii
ioir irar ,,,,,,e1::::::i,„,,itki -,
< fil AW •-,•'-''','-'''. --
n .
#ra �irg ,c4ii,"',.1-14:1,..lii:,..,1 ,;;; 41111,11111,11P
b ''q 'g$ � -ayG'
,,,141:1:ttitrif,::4,t,,,i..,,ti,ii,,ft,i4„,rlii'l'Arlt5.:,,
, ipiiiiiirtiit , :.l
tit Csi
::: :!;;;!1,.
4111111r..,... -.4111111111111r itli*I. Akkib‘
ii,.,..,.t,,:l.:A.,,,r,,t:rt.:.::;:;0„,ii.A 440Httl:!•14:::14;#7:iiiip.' 4140.: 41101444.
if!::,..;--.4,'7:1
Alp
sail '74 I:1 1111.41111•41100 .:10:; :,:ifr7IF
ilamillif 0 'W. 4:;,,,,;:i,..0:14,17
ilit
�fia1.. art { e. Ta. fi y.,Wf '*Nif 4114//iiii 111
2a✓ � } �
d
3 .4*
"$"' xs y"f 4i
1lAWU*ttti'lt4:: �4
111111111111COlialiaIIIIIIIc
f
89
Item—V-K.4
PLANNING ITEM#65887
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED and
CONDITIONED, BY CONSENT, Application of PEMBROKE SQUARE ASSOCIATES, LLC for a
Conditional Use Permit re outdoor recreation at 4554 Virginia Beach Boulevard DISTRICT 4 —
BAYSIDE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of PEMBROKE SQUARE
ASSOCIATES, LLC for a Conditional Use Permit re outdoor
recreation at 4554 Virginia Beach Boulevard (GPIN
1477562034) DISTRICT 4—BAYSIDE
The following conditions shall be required:
1. The Outdoor Recreation activities shall only occur on the property highlighted on the
location map, shown on Page One of the report.
2. The property shall be cleared of trash and debris at the conclusion of each event.
Any additional trash, debris and recycling receptacles shall be removed at the
conclusion of each event and the contents property disposed of at the end of each
activity day.
3. Any tent erected on the property shall meet all applicable requirements of the
Virginia USBC and the International Building Code and the Applicant shall obtain
any permits required by the Building Official's Office.
4. Tent set-up and parking lot closure shall not restrict access to any fire hydrant or
Fire Department connection.
5. All events with food service shall adhere to the applicable standards and regulations
of the Virginia Beach Health Department.
6. Up to thirty-two (32) square feet of temporary signage is permitted for each Outdoor
Recreational event. Such temporary signage may be erected up to ten (10) days prior
to an event and shall be removed within 24 hours after the completion of each event.
7. All animal waste shall be disposed of in a lawful manner.
8. All Outdoor Recreational events and activities shall be operated in a manner that
does not disrupt the residential neighborhoods in the vicinity of the property.
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
April 19, 2016
o
I II
5:::[
1il�i i ag)[
ji csi ,,,0mco
• - El
1I 1
] [: ]
/ 111111111,? . all •
* o L7C1 0
■
IC) .0 ii. :ti„ to
\ 4.,..?__„._JO ----1.........1
6 CIO
al
111
olio 4
LLL
t ;i % ;
x_ r CCI1Wk ,
_ 4�
Q t' '
.,v0_,,,,.,. ,;:), ov,, .4,,,k0 0:::
b :$
let.t.:447--f. ---, -11-1.• ';','-''' ma
_,....--0';-;--0.-,cie: ..t 1: •
II r
.,,,-- tik. ,.‘,,,,oivit . 0 a : 414 li ,.......tricii)
M' � ,
VIP, . 'o*.l.,,(44‘11.1."..-44%b'''''AP4- ; A th
...,L ,,...1,10,-.to.,__siN ,
\\Iii\ ,.
en
i' % 1�
--;;_:,, ,tat, . 1 ..3-,, '
limr1,410-7‘.1 !, K1 11',.,„: iwito' Cl-,,ai . . a
\\ .,. ww.a
Mei /0 3 1
C12:101 M 2 „._Iri 1313.1;1 i-Al allD 0 .1, ,.co jr...........-,1„:.i
I
•••••••••d,: ..1‘,
„.„ ..... . .J.1.
„_3.7,, , _::„,,,:,,,..,,,i:ii.1,,.„_,. ..“:....:_.. .: :.,.., , ,,:,... , _ - - , „-7:1,,,c,-,-„,,,,k1,47,,,,i,f4::;, _-,r-i,,,,,,
7.....„.. ...4. ....,... . ., .. _ ., . .. ,_ . .. Ir„ . i. c ,„ . ....„, ,
.,:,-:4„.,- .
,,,,v,:„ ,
r#zt a�, a L `,- s em f-.1 _
e «cIi � - y - ,.
IIIIIIIIIIIIIIIEI:r le 'i erg a E:-.1 []
0
rim
.20.3E.,2 ,,, z.EQL:ii.
:,-,1 .......I ....., ,
,..:.,,,__...„..... .„„.„ , imis -i. .
..,
115,, a
1-11,, IE, .. _ ,
TI
tiN iv n.
I t iikral_i i 111,311!1,:"..- i
'."- 11.)k, ,-. 11;-/111,1V1 , ri. LI,
no „„,,,,,
.....
-,
91
Item—V-K 5
PLANNING ITEM#65888
Eddie Bourdon, Attorney for the Applicant, expressed appreciation to Council Lady Henley, Mr. Frank
Wetmore — President of Princess Anne Corridor Civic League and the residents that took part of a
number of meetings during the past several months. The primary issue surrounds Stormwater drainage.
By City Ordinance, the development of this property cannot result in any of the developed property
putting any stormwater runoff onto adjacent lots in Princess Anne Corridor. In fact, at no point has the
Applicant ever suggested that any of the runoff will be put into a 15-foot public drainage easement at the
back of Princess Anne Corridor. That Public Drainage Easement was developed for their use and the
Applicant will not use it in any way, shape or form. The Applicant has already spent 'tens of thousands of
dollars on the Topographic Survey and the Stormwater Engineering Plans and can assure City Council
the Stormwater for these sixteen (16) lots, along with the two (2) existing lots on Princess Anne Road will
be handled on-site and not go onto any adjacent property.
Upon motion by Council Lady Henley, seconded by Councilman Wood, City Council APPROVED AS
PROFFERED and CONDITIONED, Application of ASHDON BUILDERS, INC. & ESTATE OF
BERTHA H. CAFFEE/ESTATE OF BERTHA H. CAFFEE, THOMAS CLAY CAFFEE, JACKIE
WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK, JAMES M. SMITH, SR. (Owner):
Change of Zoning (AG-2 to R-10) Comprehensive Plan: Suburban Area re density Variance to
Subdivision Section 4.4(b): Floodplain—Princess Anne Road and Fenwick Way Conditional Change of
Zoning (AG-1 &AG-2 to R-10) Comprehensive Plan:Suburban Area re density Subdivision Variance
to Section 4.4(b) re Regulations at Princess Anne Road and Fenwick Way DISTRICT 7 - PRINCESS
ANNE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of ASHDON BUILDERS, INC. &
ESTATE OF BERTHA H. CAFFEE / ESTATE OF BERTHA H.
CAFFEE, THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS,
MARY MELISSA CAFFEE-PEACOCK, JAMES M. SMITH, SR.
(Owner): Change of Zoning (AG-2 to R-10) Comprehensive Plan:
Suburban Area re density Variance to Subdivision Section 4.4(b):
Floodplain — Princess Anne Road and Fenwick Way Conditional
Change of Zoning (AG-1 & AG-2 to R-10) Comprehensive Plan:
Suburban Area re density Subdivision Variance to Section 4.4(b) re
Regulations at Princess Anne Road and Fenwick Way DISTRICT 7 -
PRINCESS ANNE
The following conditions shall be required:
Subdivision Variance Conditions:
1. Lots 1 and 2 shall be legally recorded substantially as depicted on the submitted
exhibits entitled "Exhibit for Subdivision Variance, Proposed Lot 1, Princess Anne
Quarter East for Ashdon Builders, " dated October 7, 2015, prepared by John E.
Sirine & Associates, Ltd., "Exhibit for Subdivision Variance, Proposed Lot 2,
Princess Anne Quarter East for Ashdon Builders,"dated October 7, 2015, prepared
by John E. Sirine & Associates, Ltd., which have been exhibited to the Virginia
Beach City Council and are on file in the Virginia Beach Planning Department.
2. Ingress/egress to a public right-of-way for Lots 1 and 2 shall be limited to Princess
Anne Road, as depicted on the Exhibits referenced in Condition No. 1 above.
April 19, 2016
II
92
Item—V-K5
PLANNING ITEM#65888
(Continued)
Floodplain Variance Conditions:
1. When Lot 1 is developed, it shall be in substantial conformance with the Exhibit
entitled, "Floodplain Variance Exhibit of Single Family Residence on Lot No. 1,
Subdivision of Property of Fannie Caffee, Located Near P.A. Courthouse,"prepared
by John E. Sirine & Associates, Ltd., dated January 28, 2016, which has been
exhibited to the Virginia Beach City Council and is on file in the Virginia Beach
Planning Department.
2. The construction access way and entrance for Lots 3-18 for Princess Anne Quarter
East, as depicted on the Exhibit entitled, "Preliminary Subdivision/Rezoning Plan of
Princess Anne Quarter East,"prepared by John E. Sirine &Associates, Ltd., dated
January 20, 2015, which has been exhibited to the Virginia Beach City Council and
is on file in the Planning Department, for clearing activities, the installation of
utilities and the stormwater management facilities. The sub-base for Pierce Lane
extended shall be immediately adjacent to the proposed twenty- (20)foot wide utility
easement depicted on the exhibit referenced in Condition 1 above and shall be in
accordance with Public Works Standards and Specifications. There shall be no
construction of the dwelling on the subject lot until all of the site development work is
complete.
3. Any fill on the site, fill associated with a driveway, lot drainage, the dwelling's
foundation, the construction entrance and access and disturbance related to
relocating an existing drainage ditch along the western property line shall be the
minimum necessary and in accordance with the requirements outlined in Section
4.10.B.4. of the Floodplain Ordinance.
4. The dwelling shall be elevated using a raised crawl space with appropriate flood
vents or using a pile foundation to minimize the volume of fill.
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
Voting: 9-0
Council Members Voting Aye:
Barbara M Henley, Vice Mayor Louis R. Jones, Shannon DS Kane,
John D. Moss, Amelia N. Ross-Hammond, Mayor William D. Sessoms,
Jr., John E. Uhrin, Rosemary Wilson and James L. Wood
Council Members Absent:
Robert M. Dyer
Council Members Abstaining:
M. Benjamin Davenport
April 19, 2016
ii
0141•B C
it
5 Gity of Virginia. B each
Lyo
9� e
s°F OUR Nor°`� VBgov.com
M.BENJAMIN DAVENPORT
COUNCILMAN PHONE: (757)425-6611
AT LARGE BDAVENPOOVBGOV.COM
In Reply Refer to 0057641
April 6, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach,Virginia 23456
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Dear Mrs. Fraser:
I would like to make the following disclosure:
1. I am making this disclosure regarding City Council's discussion and vote on a the
application of Ashdon Builders, Inc. and the Estate of Bertha H. Caffee for a
change of zoning, two subdivision variances, a floodplain variance, and a
conditional change of zoning with respect to land at 2344 Princess Anne Road
and the north side of Princess Anne Road, approximately 460 feet east of Fenwick
Way.
2. Davenport Management Company does business with Ashdon Builders, but not
with respect to the project that is the subject of this application.
3. I have a personal interest in Davenport Management Company, which is located
at 1604 Hilltop West Executive Center Suite 305, Virginia Beach,VA 23451.
4. I wish to disclose this interest and will abstain from voting on this matter.
Accordingly, I respectfully request that you record this declaration in the official records
of City Council.
1604 WEST HILLTOP EXEC CENTER#305,VIRGINIA BEACH,VIRGINIA 23451
I II i
Mrs. Ruth Hodges Fraser -2- April 6, 2016
Re: Abstention Pursuant to Conflict of Interests Act § 2.2-3115(F)
Thank you for your assistance and cooperation in this matter.
Sincerely,
M. Ben Davenport
Councilmember
MBD/RRI
i I
1 !
1 II
--, q
I
1
I I '
1 ,
lira
411/4k
fX
A \ '
ia
ilk IIIIIopziek,I,
Csi i
I Wli
0 •
11111 '
+II 164
V4
Ti
4410 $,4*
la tt
rill.
I
'tr.*
0 .4..
iiga,:4114010,1,s, V, ''43;,
4401kelir tax' 10''".-
,,, <
ri lie
7...--'.
1iti'A
; P'''11111 VII, t
1.4
1 t,
05L A
#fitie,it ‘141 471:tp" 4t 101"teil" 4*
,,,,.,'• -.la Pr,
it
441PA 4' l‘f %
t W-4>:12.1d; 0.0,4:04," .,- . ilCoutiiiPIP
40,rol,
v*I' J‘i I'. '2*Ot•-_-44 "4'-'/:), Ifr t-f/ #
g
il>
fik, 1:iis-di-gr
... *Ir ..-<10..
< 1
04•740, , F
_ ri.,A. if Lim, t46,06..._
.** t 41Pb.`• 71Yrtta 1 iiii‘
Atir afr Attotater *
-1,,
I 41:
4 ,
110
kir 4 - a
41.4.0ftifia e. #4:11•01„..
4,44
14 (5
ill .r* jer to c)
kip
, 'C'ff P 111".1 4P117"i"I6*,„
4 :
\,,, 4, <> • ir . W
lIr••l-4,.-•&0.4l4,,t-,;4i' -7:.e
IP'
i11IPr
C*1 k' 111
Oi 0
0 44„,6
.1.
"-
k Alik?'441 en A '
‘ - •1 ''' 3 ef'''
4G1NIA. EAc
O [R`,.......,„,/tt„,
�i1 P\6
ar, `'`U�' CITY OF VIRGINIA BEACH
-- =- :-? . : * INTER-OFFICE CORRESPONDENCE
'9,P`'�_.a t erg rt?� e�(i
oF ou R��.0,0aS
In Reply Refer To Our File No. DF-9257
DATE: April 18, 2016
TO: Mark D. Stile DEPT: City Attorney
FROM: B. Kay Wils. ell DEPT: City Attorney
RE: Ashdon Builders, Inc. — Conditional Rezoning
The above-referenced conditional rezoning application is scheduled to be heard by
the City Council on April 19, 2016. I have reviewed the subject proffer agreement, dated
August 11, 2015 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
B KW/ks
Enclosure
.c‹: Nancy L. Bloom
ASHDON BUILDERS, INC., a Virginia corporation
THOMAS CLAY CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK
and JAMES M. SMITH, SR.
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this filth day of August, 2015, by and between ASHDON
BUILDERS, INC., a Virginia corporation, Grantor, party of the first part; THOMAS CLAY
CAFFEE, JACKIE WELTON DAVIS, MARY MELISSA CAFFEE-PEACOCK and JAMES M.
SMITH, SR., Grantors, parties of the second part; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee,party of the third part.
WITNESSETH:
WHEREAS, the parties of the second part are the owners of a certain parcel of
property located in the Princess Anne District of the City of Virginia Beach, containing
approximately 8.79 acres as described in Exhibit "A" attached hereto and incorporated
herein by this reference, which parcel is herein referred to as the"Property"; and
WHEREAS, the party of the first part as contract purchaser of the Property has,
along with the parties of the second part, initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to
change the Zoning Classification of the Property from AG-1 and AG-2 Agricultural Districts
to Conditional R-10 Residential District; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land
for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of the
GPIN: 2404-24-143o-000o
Prepared By&Return To:
R. Edward Bourdon,Jr.,Esquire
VSB#22160
Sykes,Bourdon,Ahern&Levy,P.C.
281 Independence Blvd.
Pembroke One,Fifth Floor
Virginia Beach,Virginia 23462
Property and at the same time to recognize the effects of change, and the need for various types
of uses, certain reasonable conditions governing the use of the Property for the protection of
the community that are not generally applicable to land similarly zoned are needed to cope
with the situation to which the Grantors'rezoning application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed amendment to the
Zoning Map, in addition to the regulations provided for the R-io Zoning District by the
existing overall Zoning Ordinance, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a part of said
amendment to the Zoning Map relative and applicable to the Property, which has a
reasonable relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the Grantors, for themselves, their successors, personal
representatives, assigns, grantee, and other successors in title or interest, voluntarily and
without any requirement by or exaction from the Grantee or its governing body and without
any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit,
or subdivision approval, hereby make the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use of
the Property and hereby covenant and agree that this declaration shall constitute covenants
running with the Property, which shall be binding upon the Property and upon all parties
and persons claiming under or through the Grantors, their successors, personal
representatives, assigns, grantee, and other successors in interest or title:
1. When the Property is developed it shall be subdivided into no more than
sixteen (16) new residential building lots, plus the existing Caffee homesite, designated Lot
"2, 15,337 SQ. FT." substantially as depicted on the "PRELIMINARY
SUBDIVISION/REZONING PLAN OF PROPOSED PRINCESS ANNE QUARTER EAST
VIRGINIA BEACH, VIRGINIA", dated January 20, 2015, and prepared by John E. Sirine &
Associates, Ltd. ("Concept Plan"), which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning.
2. When the Property is developed, each of the sixteen (16) new single family
residential dwellings to be constructed shall contain no less than 2,000 square feet of
enclosed living area, excluding garage for one-story and no less than 2,30o square feet of
enclosed living area for dwellings in excess of one-story. Each home shall have a garage for
a minimum of two (2) vehicles and the primary exterior building materials on each home
2
will be brick, stone, cement fiber ("hardie plank") or a combination of those materials.
Neither the size nor architectural features of the existing homestead or any future
replacement of that home on the Caffee homesite are regulated hereunder.
3. When the Property is developed, the sixteen (16) new residential dwellings
shall have the quality exterior design and architectural features substantially as depicted on
the Exhibits entitled "PRINCESS ANNE QUARTER EAST" dated January 20, 2015, which
have been exhibited to the Virginia Beach City Council and are on file with the Virginia
Beach Department of Planning.
4. Further conditions may be required by the Grantee during subdivision review
and administration of applicable City Codes by all cognizant City agencies and departments
to meet all applicable City Code requirements.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The Grantors covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
3
1 11
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
. the name of the Grantors and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
Ashdon Builders, Inc.,a Virginia corporation
By: Lr , / _� �..> ' )
Wi liam B. Cross, President
COMMO TH OF VIRGINIA
CITY OF ' 'a ,to-wit: e
v8-4a
The foregoing instrument was acknowledged before me thisday of February,
2015, by William B. Cross, President of Ashdon Builders, Inc, a Virginia corporation,
Grantor.
ry Pub is `,0.r.rra,;��
O8/N
My Commission Expires: —1- \ O i`1 `
S
•
Notary Registration Number: \GC ) '`�• .c AR yA n
aS
z
- 476 st,
z ?,9,9 z,9 ti
'••, '7 OF V1RG�o �s 0%
� ►riewit '
5
WITNESS the following signature and seal:
Grantor:
4.v."--1<(SEAL)
Thomas Clay Caffee
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this `\`k day of August,
2015,by Thomas Clay Caffee, Grantor.
Nota Pu•'is
My Commission Expires: t5 D —�
Notary Registration Number: e=2_)1 2 3
Notary Brenda Kay Sauceda
Notary Reg. Number 7217283
Commonwealth of Virginia
City of Virginia Beach
My commission expires t p— — (
6
WITNESS the following signature and seal:
Grantor:
9,- i
, ,
C.-t. i{. .€,tom Gr c 0 w„,..(SEAT.,)
Jackie Welton Davis
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
►23
The foregoing instrument was acknowledged before me this D-day of-February,
2015,by Jackie Welton Davis, Grantor.
t° .IP
tary Pu• is ,�01' , 0131A, ii i,'
My Commission Expires: "1 \-�Qrl w� �y��••0'0TaRYa•�'psti
S.
Notary Registration Number: \�' mgt i : C044,44)- Gl :Z
o k, ,�� 5 it
T �
i
H OF V1ikG .`
7
WITNESS the following signature and seal:
Grantor:
1 /
/I_ /iAge )
M. e i sa Caffee-•e o
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
i5S etug
The foregoing instrument was acknowledged before me this 20,44. day of February,
2015,by Mary Melissa Caffee-Peacock, Grantor.
�� olt 1,44
_
etary Public �.�� ••'GARY••% �'
My Commission Expires: ug ;1, e+& 1'5-�a : 0:i Q 1
Notary Registration Number: �l�
8 \ tg 4f9 0,(, c
V. 68
. tTyof o
8
WITNESS the following signature and seal:
Grantor:
,,-.--)---"-f-----/,,1,---4.!?. . -- e (SEAL)
James M. Smith, Sr.
COMMONWEALTH OF VIRGINIA
CITY OF VIRGINIA BEACH,to-wit:
The foregoing instrument was acknowledged before me this V6 day of-Ap , 2015,
by James M. Smith, Jr., Grantor.
ps..... ., ::15y.i......_
�•
°%°Ne.•iN,,�
Public ROBIN `4
.' .001AR}-Ae.*:. rtp
My Commission Expires: -`i'3\- w �
O t1 0
Notary Registration Number: \gaa‘K% . o ` CSM My ':Z
" 3 ` �i+�M�SS n;
�:• �aN
t 0 r9, ° .
w ,.fir
OF\I\\'` 0.
fissowitio9
EXHIBIT "A"
LEGAL DESCRIPTION
That certain tract of land, situated in Seaboard Magisterial District, Princess Anne County,
Virginia, containing 15 acres, bounded by the lands of F.M. Whitehurst, Mary Caffee, et als,
and is designated upon a plat of record in the Clerk's Office of Princess Anne County as
Tract "D". Plat recorded in Map Book 1, Page iiA.
Less and Except that 5 acre parcel deeded to Cashvan recorded in deed Book 1329, at Page
18; and
Less and Except Lot 2 (per plat recorded in Map Book 69, Page 27) deeded to Henry Clay
Caffee in Deed Book 958, Page 134. Henry Clay Caffee departed this life and by his Will
recorded in Will Book 83, Page 1241, the property was devised to Jackie Welton Davis and
Thomas Clay Caffee. The said Jackie Welton Davis and Thomas Clay Caffee subsequently
conveyed the property to Porter L. Young and Shiela J. Young by Deed dated July 12, 2005,
recorded as Instrument Number 200507250114599; and
Less and Except Lot 1 (per plat recorded in Map Book 69, Page 27) devised to Bertha H.
Caffee under Will of Fannie Caffee recorded in Will Book 69, Page 1236.
Together with the wedge shaped parcel of land acquired by quitclaim as described in Deed
of Boundary Settlement dated September 27, 2004 by and between Bertha Caffee, Jackie
Welton Davis, Thomas Clay Caffee, James Smith, Sr. and Melissa M. Caffee, and
Terry/Peterson Development One, L.L.C. recorded as Instrument Number
200410190166962 and corrected by Re-recorded Deed of Boundary Settlement recorded as
Instrument Number 20041104001761330.
GPIN: 2404-24-1430-0000
H:\AM\Conditional Rezoning\Ashdon Builders\Proffer_clean 1O-07-15.doc
10
93
Item—V-K.6
PLANNING ITEM#65889
James Sollner, 5513 Connie Lane, Phone: 456-5780, spoke in OPPOSITION. Mr. Sollner advised there
are really three (3)people in the current Civic League and, the League is actually defunct. He feels this
is putting a community within an existing community and requests a buffer be required for the existing
neighborhood.
R.J. Nutter, Attorney for the Applicant, advised they have worked very hard with the Civic League since
November 2015 and the application was approved by the Civic League. This is a lower-density
development than the one City Council approved three(3)years ago that is right down the street.
Upon motion by Council Lady Ross-Hammond, seconded by Councilman Uhrin, City Council
APPROVED,AS PROFFERED, Application of TITAN MYERS DEVELOPMENT, LLC/KHJ, LLC,
BESS P. DECKER, MONICA JOHNSON, TALMADGE C. HUNT, SR. REVOCABLE LIVING
TRUST Conditional Change of Zoning from R-7.5 Residential to PD-H2 (A-12 Apartment) between
Daniel Smith Road and Connie Lane, East of Newtown Road Comprehensive Plan: Suburban Area re
density for 35 dwellings-condominium ownership DISTRICT 2—KEMPSVILLE
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of TITAN MYERS DEVELOPMENT,LLC
/KHJ, LLC, BESS P. DECKER, MONICA JOHNSON, TALMADGE
C. HUNT, SR. REVOCABLE LIVING TRUST Conditional Change of
Zoning from R-7.5 Residential to PD-H2 (A-12 Apartment) between
Daniel Smith Road and Connie Lane, East of Newtown Road
Comprehensive Plan: Suburban Area re density for 35 dwellings -
condominium ownership (GPIN)DISTRICT 2—KEMPSVILLE
The following conditions shall be required:
An Agreement encompassing Proffers shall be recorded with the Clerk of Circuit Court.
This Ordinance shall be effective in accordance with Section 107(f)of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
April 19, 2016
II
94
Item—V-K.6
PLANNING ITEM#65889
(Continued)
Voting: 9-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms,Jr., John E. Uhrin and Rosemary Wilson
Council Members Absent:
Robert M. Dyer
Council Members Abstaining:
James L. Wood
April 19, 2016
I I I
0,141A BE:40
(;(;
City of Virirzia I beach
Oar OUR NpY,ON�
V Bggov.CQm
JAMES L.WOOD PHONE: (757)340-8411
COUNCILMAN-DISTRICT 5-LYNNHAVEN FAX (757)340-2082
jiwood @ vbgov.com
In Reply Refer to 0057748
April 19, 2016
Mrs. Ruth Hodges Fraser, MMC
City Clerk
Municipal Center
Virginia Beach, Virginia 23456
Re: Abstention Pursuant to Section 2.2-3115(F), Code of Virginia
Dear Mrs. Fraser:
Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(F), Code of Virginia, I
make the following declaration:
1. I am executing this written disclosure regarding City Council's discussion and vote
on the application of Titan Myers Development, LLC for a conditional change of
zoning for 4.449 acres of real property owned by KHJ,LLC,Bess P.Decker,Monica
Johnson, and Talmadge C. Hunt, Sr. Revocable Trust, and located between Daniel
Smith Road and Connie Lane, east of Newtown Road.
2. I am a member of Connie One, L.L.C., which is located at 208 Ash Ave Suite 101
23452, and I have a personal interest in the corporation.
3. Connie One, L.L.C.'s income stream is directly related to home sales by Bribra
Baker, Inc., the entity which owns the property formerly addressed as 5445 Connie
Lane, which is located in the vicinity of the property that is the subject of this
application. If the application is approved, the resulting changes to property uses
could impact the value of Bribra Baker's property.
4. I hereby disclose this interest and have chosen to abstain from voting on this matter.
208 ASH AVENUE,SUITE 101,VIRGINIA BEACH,VA 23452
Mrs. Ruth Hodges Fraser
April 19, 2016
Page 2
Accordingly, I respectfully request that you record this declaration in the official records of
City Council.
Thank you for your assistance in this matter.
Sincerely,
J es . Wood
Councilmember
JLW/RRI
0 a -'-- -''t4'f,,t)pp().....„,.,,s,„.,,.,.4.,,.....r ij 0:,,,,i
Q , 7///.c0> 0 ,/,
....--,r-,--,. 0.4100,1"-*-...„,,..je
•
0" \ ':- i:- )
,..
<C>
' :/.1 /1 '-.- .....-
ir.:::11h 1 :,)? 4111t '
( <7 •),• (:; r
.!.- lir) '4;1 .• .-'6'•
4.,....4 v l'Aiiirit<;› 4!r) ,i1
til e I'-
0
.,,../
4,,,,Ar......_...::::::,-,
ihor
.1..--tir Ilitir'lge .. :rt, 0 : Q
0 0 ,r, • or
c0r
,,,, ::::4....,:::0:7. 4.1t.,,,,,,
y
rye..., M�Y
ce
*lir
a y'
.-.121 *
,i,,:„.:,,,,,..,,
" 5
:::szs()N ::::;
ii
01,1_.:4:,,ft, _4*
i
CO .._ •'-... iNN,.............
OP
\\... ''''''''''' - -
/#1":::m...4r.i
4I0-
I
m ,±!,,';'.::::4.1-:'' .° ,.',:''''t.,-
6
lit -'',-;.c.,i . - , ''- „ - , , ,
c<f.sksti..
0 .. . , .
-,,4:47:::::.:71,--;,_- .._,,t,t,,,o,,,,,,,,,,,,,,
711". S -7�' 4
:ti.,,,,,,,,i7--„,,,,,,,,--7.„t
%NIL ,....•.,s:.:..t;::;xtr.,,s. ,. ,- --- -- ''',-,:- '- '-,- ‘6%\.>
'.' ''." .'e:
sOlittAiy.x. _„
..!:,.',.':,:, ; ,-,-,0'.- '.%-" ..-, 01: --,.,.-..,_. _'--..'_.'. ' ii. iiiii* 1::,..
g
koe,,,,,,,K!7„
, A ,_____ _ , ,, CITY OF VIRGINIA BEACH
.1:11 k.,,,..„,„, ,,..= ' INTER-OFFICE CORRESPONDENCE
9 A':�al' D� �0V
,pr
9 OF OURI NPt,O,,h
In Reply Refer To Our File No. DF-9470
DATE: April 7, 2016
TO: Mark D. Stiles DEPT: City Attorney
1
FROM: B. Kay Wilso fa DEPT: City Attorney
RE: Conditional Zoning Application; Titan Myers Development, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 19, 2016. I have reviewed the subject proffer agreement, dated June
25, 2015 and have determined it to be legally sufficient and in proper legal form. A copy of
the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/ka
Enclosure
cc: Nancy Bloom
II
Document Prepared By:
Troutman Sanders LLP
222 Central Park Avenue,Suite 2000
Virginia Beach,VA 23462
AGREEMENT
THIS AGREEMENT is made as of this 25th day of June, 2015, by and between TITAN MYERS
DEVELOPMENT, LLC, a Virginia limited liability company ("Titan", to be indexed as grantor); KHJ, LLC, a
Virginia limited liability company("KHJ",to be indexed as grantor);Bess P.DECKER("Decker",to be indexed as
grantor); Monica JOHNSON and Jacqueline C. GLASDIE (f/k/a Jackie Bullock) ("Johnson and Glasdie", to be
indexed as grantors); and TALMADGE C. HUNT, SR. REVOCABLE LIVING TRUST ("Hunt",to be indexed
as grantor) (Titan, KHJ, Decker, Johnson and Glasdie, and Hunt are hereinafter referred to collectively as the
"Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
(hereinafter referred to as the"Grantee",and to be indexed as grantee).
WITNESSETH:
WHEREAS, KHJ is the current owner of that certain property located in the City of Virginia Beach,
Virginia identified as GPIN No. 1468-31-8238-0000(the"KHJ Parcel"),which is more particularly described in the
legal description attached hereto and incorporated herein by reference as Exhibit A; and
WHEREAS, Decker is the current owner of that certain property located in the City of Virginia Beach,
Virginia identified as GPIN No. 1468-31-8497-0000 (the "Decker Parcel"),which is more particularly described in
the legal description attached hereto and incorporated herein by reference as Exhibit B;and
WHEREAS, Johnson and Glasdie are the current owners of that certain property located in the City of
Virginia Beach, Virginia identified as GPIN No. 1468-41-0127-0000 (the "Johnson Parcel"), which is more
particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit C;
and
WHEREAS, Hunt is the current owner of that certain property located in the City of Virginia Beach,
Virginia identified as GPIN No. 1468-41-0516-0000(the"Hunt Parcel"),which is more particularly described in the
legal description attached hereto and incorporated herein by reference as Exhibit D;and
WHEREAS,Titan is the contract purchaser of the KHJ Parcel,the Decker Parcel, the Johnson Parcel and
the Hunt Parcel(together the"Property");and
WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach,
Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from R-7.5 to
Conditional PD-H2 (A-12);and
WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various
purposes, including mixed-use purposes, through zoning and other land development legislation. The Grantors
acknowledge that competing and sometimes incompatible uses conflict,and that in order to permit differing uses on
and in the area of the subject Property and at the same time to recognize the effects of the change and the need for
various types of uses, certain reasonable conditions governing the use of the Property for the protection of the
community that are not generally applicable to land similarly zoned PD-H2 (A-12) are needed to cope with the
situation to which the Grantors' rezoning application gives rise;and
WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to- the public
hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the
regulations provided for in the existing PD-H2 (A-12) zoning districts by the existing City's Zoning Ordinance
(CZO),the following reasonable conditions related to the physical development,operation and use of the Property to
GPIN NOs.: 1468-31-8238-0000; 1468-31-8497-0000; 1468-41-0127-0000; 1468-41-0516-0000
27980089v3
be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a
reasonable relation to the rezoning and the need for which are generated by the rezoning; and
WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the
Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect
until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however,
that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the
comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the
foregoing,these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach,Virginia and executed by the record owner of the subject Property at the time of
recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as
evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a
public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204,
which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such
consent.
NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other
successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its
goveming body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building
permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall
restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that
these proffers (collectively,the"Proffers")shall constitute covenants running with the said Property, which shall be
binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs,
personal representatives,assigns,grantees and other successors in interest or title,namely:
1. The Property, when developed, shall be developed in substantial conformity with the conceptual
site plan prepared by Land Planning Solutions, entitled "Connie & Newtown Conceptual Plan, Virginia Beach,
Virginia",and dated May 14,2015 (the "Concept Plan"), a copy of which is on file with the Department of Planning
and has been exhibited to the Virginia Beach City Council.
2. The maximum number of single-family residential units developed on the Property will be thirty-
five(35).
3. The dimensional requirements applicable to the residential units developed on the Property shall
be as follows:
• Minimum front yard setback 20 ft.
• Minimum distance between residential units 6 ft.
• Minimum rear yard setback(for residential buildings) 10 ft.
• Maximum height of residential structures 35 ft.
4. The quality of architectural design and materials of the single-family homes constructed on the
Property, when developed, shall be in substantial conformity with the elevations entitled "Somerset Crossing
Architectural Elevations"and dated June 19,2015 (the"Elevations"),a copy of which is on file with the Department
of Planning and has been exhibited to the Virginia Beach City Council.No two(2) residential dwellings constructed
on the Property having the same elevation shall be constructed on the same side of the street within three (3)
building lots of each other within a single block. Facade reversal shall be considered dissimilar in appearance.
5. Freestanding signage located at the Property's vehicular entrances from Connie Drive and Daniel
Smith Road shall be monument style,no larger than six feet(6')in height,and shall have a brick base.
6. The primary exterior building materials to be utilized as depicted on the Elevations will be 0.044
gauge or better vinyl siding,brick or stone,with 30 year architectural shingles.
27980089v3 2
7. A six foot(6')tall (maintenance free)vinyl fence shall be permitted to be installed along the side
and rear property line boundaries of any residential unit located on the Property so long as such fence does not pass
the mid-point of the unit.No fencing is permitted in the front yard of any residential unit on the Property. Such fence
shall be maintained by the owner of that residential unit. The type and quality of fencing shall be substantially
similar to the example entitled "Fencing Exhibit", and dated May 14, 2015, a copy of which is on file with the
Department of Planning and has been exhibited to the Virginia Beach City Council.
8. The areas depicted on the Concept Plan which will not be occupied by residential dwellings,
fenced rear yards, drive aisles, parking spaces, and driveways are open spaces (the "Open Space") which shall be
utilized as such. The Open Space shall be subject to recorded restrictive covenants that restrict the use of such Open
Space for any purpose other than recreation, open space, and stormwater management facility use. The restrictive
covenants shall run with the land and be in full force and effect for a period of at least fifty(50) years. The covenants
shall be approved by the City Attorney,or his designee,and recorded prior to the date the first building permit for any
building on the Property is issued or any subdivision plat affecting the Property is approved. The Open Space shall
be owned and maintained by a homeowners' association or a condominium association made up of the owners of each
residential unit on the Property (all of which owners must be members of such homeowners' association or
condominium association).
9 All internal streets and alleyways shall be owned by the homeowners' association or condominium
association, and except for lane width shall be constructed to City standards. All street lighting and benches shall be
substantially similar to the example entitled"Street Lighting and Benches",and dated May 14,2015,a copy of which
is on file with the Department of Planning and has been exhibited to the Virginia Beach City Council.
10. When the property is developed, Grantor shall install sewer and water facilities, built to all current
standards required by the City of Virginia Beach Public Utilities Department and offered for dedication to the City of
Virginia Beach,within the streets as shown on the Concept Plan,to serve the individual homes within the development.
Prior to the issuance of the first Certificate of Occupancy for any homes in the development, Grantor shall cause to be
recorded a public utility easement for the benefit of the City of Virginia Beach over the streets shown on the Concept
Plan.
11. Further conditions lawfully imposed by applicable development ordinances may be required by
the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all
cognizant City agencies and departments to meet all applicable City Code requirements.
All references hereinabove to zoning districts and to regulations applicable thereto,refer to the City Zoning
Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is
approved by the Grantee. The Grantors covenant and agree that(1)the Zoning Administrator of the City of Virginia
Beach,Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia
Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure
compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other
appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any
decision of the Zoning Administrator made pursuant to the provisions of the City Code,the CZO or this Agreement,
the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and(4)
the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning
of the subject Property on the map and that the ordinance and the conditions may be made readily available and
accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that
they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia and indexed
in the name of the Grantors and Grantee. Upon acquisition of the Property by Contract Purchaser, Contract
Purchaser shall succeed to all rights and obligations of the "Grantors"under this Agreement, and Owner shall have
no further rights or obligations of a "Grantor" under this Agreement. This Agreement may be executed in one or
more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the
same instrument.
27980089v3 3
IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first
written above.
TITAN MYERS DEVELOPMENT, LLC,
a Virginia limited liability company
13y:g66(Arcccg
Edward Fletcher Myers, III, Managing Member
COMMONWALTH/�TATFOF �(',{cwt.t'
CITY/COLW-TY OF /"' k &o I , to-wit:
The foregoing instrument was acknowledged before me this 30 day of
l by Edward Fletcher Myers, III, who is personally known to me or has produced
VA at's L Gens c as identification, in his capacity as Managing Member of Titan Myers
Development, LLC, on behalf of the company.
M/
Am/ (1G-6(A-1^^—,
Notary d'u c
My Commission Expires: t) /3 / //6'
Owuiilir►rli#�/
Registration No. ``��e�`�
.........anobv'���'�,,�
[NOTARIAL SEAL/STAMP] `q I 10.P.19187/ < EE
6,�, .• �`�
%04,
cA LTh O
26229956v1 4
II
IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first
written above.
KHJ, LLC, a Virginia limited liability company
/2-- 1f
By: /7/4-1—Ci Li.,t4.—
Its: /VIC" 01,
COMMONWEALTH/TATE OF V 1 t s:0.rtt..
CITY/COUNTY OF \; i C4.111/6, - .faC.` , to-wit:
The foregoing instrument was acknowledged before me this Y1day of ti'l� ,
2015, by ip( 0-‘).c-Cir-ti in , who is personally known to me or has produced
as identification, in his/her capacity as mei of
KHJ, LLC, on behalf of the company.
• No` `� ,�
�P ST',,�
My Commission Ex ires: LC/ >i l'i . 'S‘'''.... �-�••• Fcc` '
Registration No. _ )41 */•• PUBLIC .c
[NOTARIAL SEAL/STAMP] = n ' rREG 4,8_ 1 . * E
PD: y CCOt.;!SS;C
,///// 4LTH 0��\ ‘.
'/Iriiii�+‘ `'
26229956v1 5
1 ll
IN WITNESS WHEREOF, the undersigned execute this Agreement as of the date first
written above.
Be . Decker
t
COMMONWEALTH/STATE OF V3lillA
CITY/COUNTY OF 49. v(k , to-wit:
The foregoing instrument was acknowledged before me this /`day of Joe ,
2015, by Bess P. Decker, who is personally known_ to me or has produced
CIA as identification.
7 // /011°11' '
otary Public
My Commission Expires: (0(3(-12-61-
Registration
0( 21-
Registration No. 2"
[NOTARIAL SEAL/STAMP]
--,-,t-.. CARESSA ANETA HENDERSON
I 1' NOTARY PUBLIC
il REGISTRATION# 247956
.-a'�` r COMMONWEALTH OF VIRGINIA
4 MY CO IS IONWIRES
PIRES
----)---1_1.43
26229956v1
IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first
written above.
4104 AP
Monica ohn i
COMMONWEALTH/STATE OF V l rg J n c
CITY/COUNTY OF Norcc/}< , to-wit:
14)
The foregoing instrument was acknowledged before me this Z day of Jffl C
2015, by Monica Johnson, who is personall known to me or has produced
as identification.
'a-1( 7: OAff6/1
Notary Public
My Commission Expires: q J 3 c11 t//7
Registration No. 3C2 5 q3 it
[NOTARIAL SEAL/STAMP]
DIANA E.HARGER •
Notary Public
commonwealth of Virginia
305938
My Commiaeion.E as Sep 30,2017
26229956v1 7
IN WITNESS WHEREOF, the undersigned execute this Agreement as of the date first
written above.
Monica Johnson
COMMONWEALTH/STATE OF
CITY/COUNTY OF , to-wit:
The foregoing instrument was acknowledged before me this day of
2015, by Monica Johnson, who is personally known to me or has produced
as identification.
Notary Public
My Commission Expires:
Registration No.
[NOTARIAL SEAL/STAMP]
e_Ci Ne4L0
Ja uelint C. Glas ie
COMMONWEALTH/STATE OF N-evi
CITY/COUNTY OF (CI(a ern ,to-wit:
The foregoing instrument was acknowledged before me this q day of fLgUSi- ,
,N015by Jacqueline C. Glasdie, who is personally known to me or has produced
evi hcey errors wry as identification.
10AM-021 . lb 13(W)
Notary Public
My Commission Expires: \JCIA.,\ 707
Registration No. — — — — - ————
DANIELLE GIBBONS
[NOTARIAL SEAL/STAMP] Notary Public
State of New Jersey
My Commission Expires May 27,2020
26229956v1 7 ouwormirwwwwwwqr
1
IN WITNESS WHEREOF, the undersigned executes this Agreement as of the date first
written above.
Talmadge C. Hunt, Sr. Revocable iving Trust
/, /124 �e ,d , , , , -- - i
B . 1 ? , gYeh.. 72?Vite e
Its:f
COMMONWEALTH/STATE OF Vi Q--E i r i a.-
CITY/COUNTY OF KID sreot le_ ,to-wit:
The foregoing instrument was acknowledged before me this a(_' day of k L ,
2015, by 1 ry-rAdcr C,14(01- who is personally known to me or has produced
V10 C,;r,irt -7r11/pi-., be as identification, in his/her capacity as --Ty-Li 54-e-e._ of
Talmadge C. Hunt, Sr. Revocable Living Trust, on behalf of the Trust.
ili
Notary Public I--
My Commission Expires: c..?)'9 '
Registration No. 3 I(Q$(.129
[NOTARIAL SEAL/STAMP]
.001111111t tttttt,
tt
NOTARY • -,�7
REG•• .#319••
0 I.MY EOXPMISSION F �.
02/28/18 /
„Itgilitl
LT}1 O
26229956v1 8
Exhibit A
Legal Description of KHJ Parcel
ALL THAT certain tract or parcel of land, located in Bayside Borough, City of
Virginia Beach, Virginia, known and designated as "1.972 Ac." on that certain
physical survey entitled "JOHN CLARK ESTATE, being the remains of Site 23,
Newsome Farm, Bayside Borough, Virginia Beach, Virginia", made for Ralph J.
Nahra and Connie Lane Associates, dated December 23, 1980, by Gallup
Surveyors & Engineers, Ltd.,reference is hereby made to said survey for a more
particular description of said parcel. The aforesaid survey is recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia
("Clerk's Office") in Map Book 145 at page 50 and is also recorded in Deed Book
2087 at page 728.
IT BEING the same property conveyed to Ralph J. Nahra and Connie Lane
Associates, a Virginia general partnership, dated December 30, 1980 and recorded
in the Clerk's Office in Deed Book 2087 at page 724.
LESS, SAVE AND EXCEPT that portion of the aforesaid property conveyed to
the City of Virginia Beach by deed of Ralph J. Nahra and Debbie M. Nahra,
husband and wife, and Connie Lane Associates, a Virginia general partnership,
dated December 17, 1981 and recorded in the Clerk's Office in Deed Book 2185
at page 733, and designated and described as follows:
All that certain lot, tract or parcel of land together with improvements thereon
belonging, lying, situated and being in the City of Virginia Beach, Virginia and
designated and described as: "10' UTILITY EASEMENT" as shown on that
certain plat entitled: "PLAT SHOWING EASEMENTS TO BE ACQUIRED
ALONG CONNIE LANE, NEWSOME FARM BY THE CITY OF VIRGINIA
BEACH, VIRGINIA BAYSIDE BOROUGH — VIRGINIA BEACH, VIRGINIA
SCALE: 1" = 100' MAY, 1979 MARSH AND BASGIER, INC., P.C.". The said
plat is duly of record in the Clerk's Office in Map Book 136, at page 27, and
which plat is incorporated herein by reference thereto, and to which reference is
made for a more particular description.
LESS, SAVE AND EXCEPT that portion of the aforesaid property conveyed to
the City of Virginia Beach by deed of Ralph J. Nahra and Debbie M. Nahra,
husband and wife, and Connie Lane Associates, a Virginia general partnership,
dated May 4, 1983 and recorded in the Clerk's Office in Deed Book 2259 at page
1885, and designated as described as follows:
26229956v 9
All that certain lot, tract or parcel of land together with improvements thereon
belonging, lying, situated and being in the City of Virginia Beach, Virginia and
designated and described as : "TAKE AREA = 1,054 SQ. FT." as shown on that
certain plat entitled: "R/W ACQUISITION PLAT PARCEL 043, DIAMOND
SPRINGS ROAD FOR THE CITY OF VIRGINIA BEACH, VIRGINIA,
BAYSIDE BOROUGH — VIRGINIA BEACH, VIRGINIA, SCALE: 1" = 50',
JULY 12, 1982, BASGIER AND ASSOCIATES, A PROFESSIONAL
CORPORATION, CONSULTING ENGINEERS, SURVEYORS, PLANNER,
VIRGINIA BEACH, VIRGINIA." Said plat is recorded in the Clerk's Office in
Deed Book 2259 at page 1888, to which reference is made for a more particular
description.
LESS, SAVE AND EXCEPT that portion of the aforesaid property conveyed to
the City of Virginia Beach by deed of Ralph J. Nahra and Debbie M. Nahra,
husband and wife, and Connie Lane Associates, a Virginia general partnership,
dated November 28, 1988 and recorded in the Clerk's Office in Deed Book 2787
at page 1408, and designated as described as follows:
All that certain piece or parcel of land, together with the improvements thereon,
situate, lying and being in the City of Virginia Beach, State of Virginia,
containing 4,101 Sq. Ft. and designated as "Take Area 4,1012 Sq. Ft." on that
certain plat by Basgier and Associates, P. C., dated January 17, 1986, entitled
"Plat Showing Newsome Farm Area Street Improvements Property Being
Acquired For Connie Lane Road Widening By The CITY OF VIRGINIA
BEACH, VIRGINIA from RALPH J. NAHRA AND CONNIE LANE
ASSOCIATES Bayside Borough — Virginia Beach, Virginia", which plat is
recorded in the Clerk's Office in Deed Book 2754, page 1194;
TOGETHER WITH the temporary right and easement to use the additional area,
containing 1,074 Sq. Ft., designated on the above-mentioned plat as "5'
Temporary Construction Easement", for construction cut and/or slopes as being
required for the proper execution and maintenance of work. Said easement will
terminate when the City grades the property adjacent to the lands being conveyed
so that there no longer exists the necessity for maintenance or until such time all
construction has terminated and the City of Virginia Beach accepts the work as
being completed.
26229956v1 1 0
11
Exhibit B
Legal Description of Decker Parcel
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, numbered 664 Newtown Road, situate in the City of
Virginia Beach (formerly Kempsville Magisterial District, Princess Anne
County), Virginia; and being known, numbered and designated as Lot 22 on the
Plan of Newsome, situate in the City of Virginia Beach (formerly County of
Princess Anne), Virginia containing 3 1/2 acres, more or less, and bounded on the
north by the land of Daniel Smith; on the east by the land of Smith; on the south
by the land of John Clark; and on the west by the County Road leading to
Bayside.
SAVE AND EXCEPT the hereinafter mentioned parcels of land which have been
conveyed off:
1. Parcel conveyed by Ella Alston widow, to James Jasper Freeman, by deed
dated October 28, 1955, and recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia ("Clerk's Office"); in Deed
Book 428, at page 299.
2. Parcel conveyed by Ella Alston, widow, to Henry W. H. Walker, ex ux, by
deed dated June 15, 1957; and recorded in the Clerk's Office in Deed Book
502, at page 510; and by Deed of Correction between the sane parties dated
August 1, 1962, and recorded in the Clerk's Office in Deed Book 742, at page
356.
3. Parcel conveyed by Ella Alston, widow, to Norman Shaw, et ux, by deed
dated August 9, 1963, and recorded in the Clerk's Office in Deed Book 798,
at page 375.
4. Parcel conveyed by Ella Alston, widow, to Talmadge C. Hunt, Sr., et ux, by
deed dated October 15, 1964, and recorded in the Clerk's Office in Deed
Book 870, at page 327.
5. Parcel conveyed by Ella Alston, widow, to Henry W. B. Walker, et ux, by
deed dated April 29, 1965, and, recorded in the Clerk's Office in Deed Book
898, at page 628.
6. Parcel conveyed by Ella Alston, widow, to Jesse L. Doles, et ux, by dead
dated April 29, 1965, and recorded in the Clerk's Office in Deed Book 898, at
page 630.
26229956v1 1 1
LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach
by virtue of deed dated April 22, 1983 and recorded in the Clerk's Office in Deed
Book 2256 at page 2135, as shown as Parcel 039 on a plat recorded in the Clerk's
Office in Deed Book 2735 at page 1976.
LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach
by virtue of deed dated April 10, 1990 and recorded in the Clerk's Office, Circuit
Court, City of Virginia Beach, Virginia ("Clerk's Office") in Deed Book 2924 at
page 617, as shown as Parcel 039 on a plat recorded in the Clerk's Office in Deed
Book 2735 at page 1976.
IT BEING a portion of the property which was conveyed to Ella Alston by the
dead of Richard B. Kellam, Special Commissioner, dated July 31, 1953, and duly
recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach
(formerly Princess Anne County), Virginia, in Deed Book 339, at page 73. Ella
Alston died March 8, 1969, in the City of Virginia Beach, Virginia, and by her
will dated January 28, 1969, recorded in Will Book 34, at page 281 left the
subject property to Eva H. Smith. Eva H. Smith died intestate on December 18,
1987, in the City of Virginia Beach, Virginia. The subject property passed to
James Coston, her only heir at law named on the list of heirs, recorded in Will
Book 73, at page 340.
26229956v1 12
Exhibit C
Legal Description of Johnson Parcel
ALL THAT certain land, piece or parcel of land with the improvements thereon
and the appurtenances thereunto belonging, lying, situate and being in the City of
Virginia Beach (formerly Kempsville Magisterial District, Princess Anne
County), Virginia and designated and described on a certain plat or survey
entitled "Property of Alice Ann Johnson Estate, Tract #24, Newsome Farm, Deed
Book 59 at page 49 located near Davis Corner, Princess Anne County, Virginia"
made by W. B. Gallup, C.E., dated October 14, 1954, which plat is duly recorded
in the Circuit Court of Princess Anne County, Virginia (now known as the City of
Virginia Beach) and designated on said plat as Parcel "A"; reference to said plat is
hereby made for a more particular description of said lot.
LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach
by virtue of deed dated June 14, 1989 and recorded in the Clerk's Office, Circuit
Court, City of Virginia Beach, Virginia in Deed Book 3763 at page 983, as shown
on the plat attached thereto.
26229956v1 13
Exhibit D
Legal Description of Hunt Parcel
ALL OF THAT certain lot, piece or parcel of land, with the improvements
thereon and the appurtenances thereunto belonging, situate, lying and being in the
Borough of Kempsville, City of Virginia Beach, Virginia, more particularly
described as being apart of LOT TWENTY-TWO (22) Plan of Newsome, said
property fronting Eighty (80) feet, more or less, on Newton Lane and running
back between parallel lines One Hundred Twenty-Nine (129) feet, being bounded
on the north and east by the lands of Ella Alston, on the south by the lands of
Shaw and on the west by Newton Lane.
LESS AND EXCEPT that portion of land conveyed to the City of Virginia Beach
by virtue of deed dated April 20, 1988 and recorded on April 20, 1998 in the
Clerk's Office, Circuit Court, City of Virginia Beach, Virginia ("Clerk's Office")
in Deed Book 2725 at page 1354, as shown as Parcel 040 on a plat recorded in the
Clerk's Office in Deed Book 2682 at page 635.
It being a portion of the property conveyed unto Talmadge C. Hunt, Sr. and Helen
B. Hunt, husband and wife, by deed of Ella Alston, Widow, dated October 15,
1964, and duly recorded in the Clerk's Office, in Deed Book 870, at Page 327.
The said Helen B. Hunt departed this life on June 21, 2011, leaving Talmadge C.
Hunt, Sr.,the Grantor herein, as sole owner of the subject property.
26229956v1 14
95
Item—V-K.7a(i.-iv.)
PLANNING ITEM#65890
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, BY
CONSENT,Application of CITY OF VIRGINIA BEACH
a. An Ordinance to AMEND City Zoning Ordinance (CZO)Sign Regulations:
i. AMEND Sections 210 through 218, 234, 303, 403, 501, 504, 605, 705, 805, 901,
905, 1001, 1005, 1503, 1533, 2210
ii AMEND Oceanfront Resort District, Section 6.3
iii. ADD Section 210.01 re General Regulations
iv. REPEAL Sections 211.1, 212.1 and 212.2
This Ordinance shall be effective in accordance with Section 1070 of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
1 AN ORDINANCE TO AMEND CITY ZONING ORDINANCE
2 SECTIONS 210 (PURPOSE AND INTENT; FINDINGS); 210.1
3 (SIGN PERMITS); 210.2 (DEFINITIONS); 211 (SIGNS
4 PERMITTED IN ALL DISTRICTS); 212 (PROHIBITED SIGNS);
5 213 (ILLUMINATION); 214 (SIGN HEIGHT, SETBACK AND
6 LANDSCAPING); 215 (NONCONFORMING SIGNS); 216
7 (OUTDOOR ADVERTISING STRUCTURES, BILLBOARDS,
8 SIGNBOARDS AND POSTER PANELS); 217 (ELECTRONIC
9 DISPLAYS OF MOTOR VEHICLE FUEL PRICES); 218
10 (MAJOR ENTERTAINMENT VENUE SIGNS); 234 (HOME
11 OCCUPATION SIGNS); 303 (PRESERVATION DISTRICT
12 SIGN REGULATIONS); 403 AGRICULTURAL DISTRICT SIGN
13 REGULATIONS); 501 (RESIDENTIAL DISTRICT USE
14 REGULATIONS); 504 (RESIDENTIAL DISTRICT SIGN
15 REGULATIONS); 605 (APARTMENT DISTRICT SIGN
16 REGULATIONS); 705 (HOTEL DISTRICT SIGN
17 REGULATIONS); 805 (OFFICE DISTRICT SIGN
18 REGULATIONS); 901 (BUSINESS DISTRICT USE
19 REGULATIONS); 905 (BUSINESS DISTRICT SIGN
20 REGULATIONS); 1001 (INDUSTRIAL DISTRICT USE
21 REGULATIONS); 1005 (INDUSTRIAL DISTRICT SIGN
22 REGULATIONS); 1503 (RT-1 RESORT TOURIST DISTRICT
23 SIGN REGULATIONS); 1533 (RT-4 RESORT TOURIST
24 DISTRICT SIGN REGULATIONS); 2210 (CENTRAL
25 BUSINESS CORE DISTRICT SIGN REGULATIONS);
26 OCEANFRONT RESORT DISTRICT FORM-BASED CODE
27 SECTION 6.3 (OR OCEANFRONT RESORT DISTRICT SIGN
28 REGULATIONS); ADD SECTION 210.01 (GENERAL SIGN
29 REGULATIONS), AND REPEAL SECTIONS 211.1 (ROADSIDE
30 GUIDE SIGNS); 212.1 (REMOVAL OF PROHIBITED SIGNS IN
31 PUBLIC PLACES); 212.2 (MOTOR VEHICLE SIGNS)
32
33
34 Sections Amended: City Zoning Ordinance Sections 210,
35 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234, 303,
36 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503,
37 1533, 2210 and Oceanfront Resort District Form-Based Code
38 Section 6.3
39
40 Sections Added: City Zoning Ordinance Section 210.01
41
42 Sections Repealed: City Zoning Ordinance Section 211.1,
43 212.1, 212.2
44
I I li
45
46 WHEREAS, the public necessity, convenience, general welfare and good zoning
47 practice so require;
48
49 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
50 VIRGINIA BEACH, VIRGINIA
51
52 That Sections 210, 210.1, 210.2, 211, 212, 213, 214, 215, 216, 217, 218, 234,
53 303, 403, 501, 504, 605, 705, 805, 901, 905, 1001, 1005, 1503, 1533, 2210 of the City
54 Zoning Ordinance and Section 6.3 of the Oceanfront Resort District Form-Based Code
55 are hereby amended, Section 210.01 of the City Zoning Ordinance is hereby added,
56 and Sections 211.1, 212.1, and 212.2 of the City Zoning Ordinance are hereby
57 repealed, to read as follows:
58
59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO
60 ALL DISTRICTS
61
62 B. SIGN REGULATIONS
63
64 Sec. 210. General-regulations Purpose and intent; findings.
6566 _ ' , . e.-e - - - e • — . - e _ .
67
68 - - - - - - - - - - - - - - -
71 - - - --
72 - : . -- - - - - .. . _ - - - e- - - • - - -- • -73 - - - - - - - - - - - - - - - - - - - - -- - - - - -
74 organized, related, and composed to form a single unit. Double faced signs shall be
75 - - - - - - - - _ - _ - -- - - - - - - -- - - - -
77 (d) The surface area of a sign shall be deemed to include the entire area
78 within a parallelogram, triangle, circle, semicircle or other regular geometric figure,
79 • .5'•e - . • - - -.. _ • - - - - - - - - •• -- - - - • ••e,-
80 frames or structural elements outside the sign surface and bearing no advertising
2
82 - - - •• - - - - - - - - - -
83 (a) Purpose and intent. The purpose and intent of this part B of Article 2 is to
84 regulate the size, number, color, illumination, movement, materials, location, height,
85 condition and other physical characteristics, but not the content, of signs, thus
86 promoting the protection of property values, the character of the various neighborhoods
87 within the City, the creation and maintenance of a convenient, attractive and
88 harmonious community and the safety and welfare of pedestrians and wheeled traffic, in
89 a manner consistent with the constitutional guarantee of free speech. These regulations
90 attempt to achieve the proper balance among the commercial needs of businesses, the
91 needs of residents and visitors to be able to locate a business and find a desired
92 product, the rights of persons to exercise their First Amendment rights and the need to
93 create and preserve a visual environment that is conducive to the public health, safety
94 and welfare.
95
96 (b) Findings. The City Council finds that:
97
98 (1) Signs have a strong visual impact on the character and quality of a
99 community. They are an integral part of the cityscape and, as such,
100 can enhance or detract from the City's image and character. As a
101 prominent part of the cityscape, they can attract or repel the viewer,
102 affect the safety of pedestrian and vehicular traffic. Their suitability
103 or appropriateness helps to define the way in which a community is
104 perceived;
105
106 (2) The appearance of a community is an important factor in its
107 economic well-being, as aesthetic considerations influence
108 economic value. Communities in which signage is orderly and
109 attractive and adequately serves the needs of businesses are
110 generally perceived as orderly and attractive;
111
112 (3) The primary function of a commercial sign is to provide
113 identification for a business. By helping consumers recognize that
114 they have arrived at their intended destination or by triggering an
115 impulse to make a purchase, signs help facilitate consumer
116 transactions that allow businesses to be successful. Successful
117 businesses make for vital local economies and a stable tax base;
118 and
3
111
119
120 (4) As the United States Supreme Court has noted, signs "take up
121 space and may obstruct views, distract motorists, displace
122 alternative uses for land, and pose other problems that legitimately
123 call for regulation." It is therefore important that the City regulate
124 signage in a manner that minimizes the adverse impacts of signage
125 while at the same time allowing signs to perform their primary
126 functions.
127
128 COMMENT
129
130 The section replaces general regulations, which have been moved to a new Section
131 210.01, with a statement of the purpose and intent of the City's sign regulations and the
132 City Council's findings regarding signage.
133
134 Sec. 210.01. General regulations.
135
136 (a) The regulations set forth in this part shall apply to signs in all zoning
137 districts, including zoning districts listed in Section 102(a)(13).
138
139 (b) Any permitted sign may display any lawful noncommercial message in lieu
140 of any other message: provided, however, that any such sign shall conform to all
141 applicable requirements pertaining to such sign, including, but not limited to, size,
142 height, duration, location, movement, materials and illumination.
143
144 (c) For purposes of determining the number of signs on a lot or zoning lot,
145 one (1) sign shall be considered to be a display or device containing elements
146 organized, related, and composed to form a single unit. Double-faced signs shall be
147 considered a single sign, provided that the faces are parallel or are not separated by an
148 angle greater than fifteen (15) degrees and are part of the same structure.
149
150 (d) The area of a sign shall be deemed to include the entire surface area
151 within a parallelogram, triangle, circle, semicircle or other regular geometric figure,
152 including all of the elements of the matter displayed, and other information, including
153 changeable copy and graphic displays, but not including blank masking, frames or
154 structural elements outside the sign surface and bearing no advertising matter or other
155 message. The area of each face of a double-faced sign shall be included in determining
156 the area of such sign.
4
157 (e) Except for marquee signs on buildings occupied by theaters, cinemas,
158 performing arts facilities or similar venues, or as may be allowed by Section 218 (major
159 entertainment venues), no sign shall consist of or contain more than two (2) faces.
160 (f) Where the regulations of a zoning district prescribe signage allowances or
161 permitted sign types within the district, such signage shall be deemed to be in addition
162 to signage allowed by the provisions of section 211 and signage allowed on public
163 property by applicable provisions of Chapter 3 or Chapter 33.
164 (q) Where an individual establishment not on a separate lot directly adjoining
165 a street is located in a shopping center within a district in which sign area allowances
166 are determined by the linear distance of street frontage or lot line adjoining a street but
167 not constituting frontage, the sign area allowances of such establishment shall be
168 calculated on the basis of its occupancy frontage, which shall be treated for such
169 purposes as if it were street frontage.
170 COMMENT
171
172 The section is derived from the former section 210,but differs as follows:
173
174 1. The section is renumbered;
175 2. The rules regarding the display on signs of noncommercial content in lieu of
176 commercial content are clarified but left intact;
177 3. Technical corrections are made;
178 4. The rules regarding the measurement of sign area are clarified
179 5. The rule that signs allowed by district regulations are in addition to signs allowed
180 under Section 211 (signs permitted in all districts) and Chapters 3 and of the City Code (signs
181 allowed on public property; encroaching signs)is expressly stated; and
182 6. The established practice of treating occupancy frontage of businesses in shopping
183 centers as street frontage is made explicit.
184
185 Sec. 210.1. Sign permits.
186
187 Except as otherwise provided, no No sign, other than a sign authorized by
188 section 211, shall be erected, constructed, replaced, repaired , repainted or otherwise
189 displayed, unless a permit authorizing the same has been issued by the zoning
190 administrator. Fees for such permits shall be as set forth in section 8-31 of the City
191 Code. Applications for sign permits shall be made to the zoning administrator, who may
192 require such plans, diagrams and other information as may be necessary to determine
193 whether a proposed sign complies with the provisions of this ordinance, the Virginia
194 Uniform Statewide Building Code and any other applicable ordinance or regulation.
5
195
196 The zoning administrator shall approve or deny an application within thirty (30)
197 days of its submittal; provided, however, that if the application or accompanying
198 information is insufficient to allow a determination of compliance, he shall notify the
199 applicant and shall, in such case, approve or deny an application within thirty (30) days
200 of the date of submittal of all required information. Any application meeting the
201 requirements of this ordinance and other applicable provisions shall be approved, and
202 any application not meeting all applicable requirements shall be denied with a statement
203 of reasons for such denial.
204
205 COMMENT
206
207 The amendments to the first paragraph of this section are technical in nature. The
208 amendments to the second paragraph expand on the requirements for processing permits by
209 explicitly requiring sign permits to be approved if they meet all requirements of the City's sign
210 regulations and all other applicable requirements (e.g., building code regulations) and if, denied,
211 that a statement of reasons for the denial be provided.
212
213 Sec. 210.2. Definitions.
214
215 The following definitions shall apply to all regulations pertaining to signs in this
216 Ordinance, including regulations governing signs in zoning districts listed in Section
217 102(a)(13):
218
219 Awning sign. A sign painted or printed on the surface of an awning or canopy.
220 For purposes of this definition, an awning is a sheet of canvas or other material
221 stretched on a frame made of canvas, fabric, metal, or other material and affixed to and
222 projecting from a building or structure and used to keep the sun or rain off of a
223 storefront, window, doorway or deck.
224
225 Banner sign. A sign consisting of cloth displaying a message.
226
227 Billboard. A sign, including the supporting sign structure, that advertises or
228 directs the attention of the general public to an establishment, business, product or
229 service that is located on a separate site from the billboard, but not including roadside
230 guide signs, public art sponsorship signs or other signs lawfully located on public
231 property.
232
6
233 Building frontage means the exterior length of that portion of a building occupied
234 exclusively by a single establishment.
235
236 =- - - - - ' ".. _ ": •. . _- - - - • - - - - _ -
237 address, or both, of the building on which it is located.
238
239 Cabinet sign or box sign. A sign that has one or more plastic, acrylic, or similar
240 material panels that may or may not be internally illuminated. The sign panels may be
241 either flat or shaped (pan face) and are attached to a metal frame (cabinet).
242
243 Canopy sign. A sign on a building canopy. For purposes of this definition, a
244 canopy is a rigid structure projecting from a building or structure and used to keep the
245 sun or rain off of a storefront window, doorway or deck.
246
247 Changeable copy sign. A sign having infoffflatienal Informational content, such
248 as removable lettering, that can be readily changed or altered by manual means.
249 Changeable copy signs do does not include electronic displays signs.
250
251 Channel letter sign. A type of wall sign composed of letters and symbols
252 constructed and assembled as individual pieces, whether such pieces are individually
253 mounted or grouped together.
254
255 Electronic display sign. A sign containing light emitting diodes (LEDs), fiber
256 optics, light bulbs, plasma display screens or other illumination devices, or a series of
257 vertical or horizontal slats or cylinders that are capable of being rotated at intervals, that
258 are used to change the messages, intensity of light or colors displayed by such sign.
259 The term shall not include signs on which lights or other illumination devices display
260 only the temperature or time of day in alternating cycles of not less than five (5)
261 seconds.
262
263 Freestanding sign. A sign supported by structures or supports that are
264 independent of any building or other structure.
265
266 Hanging sign. A sign that hangs from a soffit or other architectural feature of a
267 building or permanent structure or from a bracket affixed to a building wall.
268
269 Information board sign. A sign mounted within a display cabinet
270 - = - - - - - - _ • - - - - - - - - - - - - - ---- ,
7
271
272 in close proximity to the entrance to a building.
273
274 Major tenant. A single establishment that occupies the space in a building with a
275 building wall height of at least thirty-five (35) feet and with at least one (1) continuous
276 wall containing at least eighty (80) feet of building frontage.
277
278 Marquee sign. Any sign attached to or hung from a marquee. For the purpose of
279 this article, a marquee is a covered structure projecting from and supported by the
280 building with independent roof and drainage provisions and which is erected over a
281 doorway or doorways.
282
283 Monument sign. A freestanding sign supported primarily by internal structural
284 framework or integrated into landscaping or other solid structural features other than
285 support poles, the base of which is at least seventy-five (75) percent of the total width of
286 the sign. Monument signs have the following additional characteristics:
287
288 (a) The width of the base does not exceed twice the height of the total sign
289 structure and does not extend more than one (1) foot beyond either outside edge of the
290 face of the sign;
291
292 (b) The height of the base is between eighteen (18) inches and four (4) feet;
293 and
294
295 (c) The maximum height of the sign, as measured from ground level, does not
296 exceed eight (8)feet.
297
298 Neon sign. An illuminated sign containing a glass tube or tubes filled with neon.,
299 other noble gases or phosphors, bent to form letters, symbols or other shapes.
300
301 Occupancy frontage. The exterior length of that portion of a building occupied by
302 a retail, office or other nonresidential use having at least one (1) exterior public
303 entrance.
304
305 Projecting sign. A sign that projects from and is supported by a wall or parapet of
306 a building with the display surface of the sign in a plane perpendicular to the wall
307 surface to which it is affixed.
308
309 Sandwich board sign. A two-sided portable sign, hinged or attached at the top of
8
310 the sign panels, designed to be set out in front of the building which the sign is located
311 or carried by a person standing between the two sign panels.
312
313 Sign. Any structure, display, device or other object or thing, visible from any
314 public street or right-of-way, any area open to use by the general public, or any
315 navigable body of water, including, but not limited to, any word, letter, series of words or
316 letters, painting, mural, logo, insignia, emblem, service mark or other graphic or pictorial
317 representation, which that: (i) identifies or advertises, or directs or attracts attention to,
318 any product, merchandise, service, business or establishment, fill or which suggests the
319 identity or nature of any business or establishment, (iii) or-which invites or proposes a
320 commercial transaction, or (iv) communicates a message of a noncommercial nature.
321 The term does not include architectural elements incorporated into the style or function
322 of a building, numerals signifying a property address, dates of erection, monumental
323 citations, commemorative tablets and the like when carved into stone, concrete or
324 similar material or made of bronze, aluminum or other permanent type construction and
325 made an integral part of the structure.
326
327 Table umbrella sign. A sign that is part of the fabric of, or affixed to the pole, of; a
328 table umbrella.
329
330 Temporary sign. A sign constructed of cloth, canvas, vinyl, paper, plywood,
331 fabric, or other lightweight material designed to be displayed and removed within a
332 limited period of time and neither permanently installed in the ground nor permanently
333 affixed to a building or structure permanently installed in the ground.
334
335 Traffic direction sign. A sign, whether temporary or permanent, oriented primarily
336 so as to be visible to vehicles entering the premises on which such sign is located.
337
338 Wall sign. A sign attached to or painted on the wall of a building or structure in a
339 plane parallel or approximately parallel to the plane of said wall.
340
341 Window sign. A sign posted, painted, placed, or affixed in or on a window
342 exposed to public view. An interior sign that faces a window exposed to public view and
343 that is located within three (3) feet of the window shall be considered a window sign.
344
345 COMMENT
346
347 The amendments eliminate the definitions, or portions thereof, that are content-based, add
348 new definitions and refine the definition of the term"sign."
9
349 Sec. 211. Signs permitted in all districts.
350
351 The following types of signs are exempted from all of the provisions of this
352 ordinance, except for illumination, construction, and safety regulations and the following
353 standards:
354
355
356 - - - e - e e - - , - e. e . - - - - _ - e e. e . e . , - -
357 - - - - - - - - - - - , - - - , - - - ' - - - -
358 [RESERVED]
359
360 (b) Temporary signs.
361
362 (1) Temporary signs announcing at the site of any public, charitable,
363 educational, religious or other noncommercial event or function,
364 located entirely upon the property on which such event or function
365 is held. Such signs shall be and 01 set back no less than seven (7)
366 feet from the property line;i and-having LIll a maximum sign area of
367 be no greater than thirty-two (32) square feet in area Such signs
368 shall (iii) be allowed no more than thirty (30) days prior to the event
369 or function and (iv) must be removed within seven (7) days after the
370 conclusion of the event or function. Such signs may be illuminated
371 in accordance with the restrictions set forth in section 213 hereof. If
372 building-mounted, such signs shall be flat wall signs and shall not
373 project above the roofline of the building to which they are affixed.
374 If freestanding, the height of any such sign shall be no more than
375 twelve (12) feet above ground level.
376
377 (2) Temporary signs of a commercial nature announcing at the site of
378 any business establishment holding a grand openings or other
379 special events or promotions, subject to the limitations as to size,
380 height and location set forth in subdivision (1) hereof. Such signs
381 shall not be displayed ne more than three (3) times per year by at
382 any business Of establishment, or nor for any period in excess of
383 seven (7) days.
384
385 (3) Temporary signs displayed upon balloons, subject to the
386 requirements of subdivisions (1) and (2) hereof, provided, however,
387 that balloons displaying such signs may, if affixed to the roof of a
10
388 building or structure, project no more than thirty (30) feet above the
389 roofline or, if affixed to the ground, have a height not exceeding
390 thirty (30) feet from ground level. Such signs shall not exceed
391 seventy-five (75) square feet in surface area.
392
393 (4) Temporary signs giving notice of erected by civic leagues or
394 property owners' associations' that are holding or have scheduled a
395 meetings or events, provided that such signs shall be located on
396 property owned by the civic league or property owners' association
397 holding the meeting or event. Such signs and shall be no greater
398 than thirty-two (32) square feet in area. No more than one (1) such
399 sign shall be permitted at each entrance to the neighborhood or
400 subdivision represented by the civic league or property owners'
401 association. Such signs shall be in place for no more than fourteen
402 (14) days before the meeting or event e ••- - - •- • - - - •-
403 or three (3) days after the meeting or event has been held. Such
404 signs may be illuminated in accordance with the restrictions set
405 forth in section 213.
406
407 (5) Temporary signs other than those allowed by the provisions of
408 subdivisions (1) through (4), subject to the following provisions:
409
410 a. Within a Preservation, Agricultural, Residential, Apartment,
411 or Historic and Cultural District, or a noncommercial area of
412 a PD-H1 or PD-H2 Planned Development District, a total of
413 sixteen (16) square feet of temporary signage shall be
414 allowed on a lot. Within all other districts, a total of thirty-two
415 (32) square feet of temporary signage shall be allowed on a
416 lot. No such sign shall be higher than eight (8) feet above
417 grade directly below such sign.
418
419 (c) - - - - - - - - - - - - - • - - _
420 - •- -•. .. _.• _ _ . . - _ . - - - . - - - -- - - - -
421422 -e - - - -- - • - - -. [RESERVED]
423
424 (d) Private traffic direction signs Signs directing traffic movement onto a
425 . - •• - _ . . _ _ _ .. - - - - - - - -- _ . _ - - - - _ . - - - -
11
426 not exceeding four (4) square feet in area. One (1) such sign shall be permitted at each
427 entrance or exit and at drive-through lanes.
428
429 (e) _ - -- - - - - - - - - - - - - - -- - - - -
•
430 -- • •.. . . . . . .. . . . . . . .. . . - - - - - " - . e - - - - -
431 - - -
432 -- - - -- . .. - - - - • - -- - - - - - _ . . _ _ _
433 property and shall not encroach into the visibility triangle at street intersections.
434 [RESERVED]
435
436 (f) - - . . - - - - - - - - - - - - -- - - -437 -: - -- -- -- e- • - _ - - - _ _ _--
•
438 - - - - - - e " •- - • -- - - - -..• - - - - -- . .. - -•. .e - -* -
439 [RESERVED]
440
441 (g) Construction signs. One (1) sign not exceeding
442 thirty-two (32) square feet in area on each roadway frontage adjoining an active
443 construction site - - --. - - - - • - • _ . - .e- _ _ - " _ - - _ , .e - - . -
444 - - - , _ - , - - , - - - - , - - . - -- - -- - - .
445 construction project and only during the time construction at such site or development
446 is actively underway under way. Such signs should shall set back no less than ten (10)
447 feet from any property line.
448
449 (h) Commercial signs used for political campaign advertising. Commercial
450 signs may be used for political campaign advertising. The political campaign
451 . _ . - --• -- - . _. - - -- ' - -- - - - -- . .
452
453 department of permits and inspections. [RESERVED]
454
455 (i) Sponsorship signs for public art exhibitions signs. Signs identifying
456 -- - e - - - - • - -. : - - - e - - . -- - - - - - - - • e. e
457 - - • - - - - - - - • . . . - - - - - - - - - -- -458 - - - - - - - - _ ._ - - -- - - - - - - _ . - - - - - -
459 the art work. [RESERVED]
460
461 (j) Signs for public schools and or private schools having curriculums similar
462 to public schools:, The following signs shall be permitted for public schools and private
463 schools having curriculums similar to public schools with the issuance of a sign permit
464 as provided for in Section 210.1:
12
465 (1) Wall signs. A maximum of two (2) wall signs
466 for each building wall facing a public street, as prescribed below.,:
467
468 a. One (1) square foot of wall signage for every two (2) linear
469 feet of each building wall facing a public street,. Said
470 signage shall not to exceed a maximum of one hundred
471 (100) square feet for each such wall, provided that signage
472 on any building wall located five hundred (500) feet or more
473 from a public street shall not exceed two hundred fifty (250)
474 square feet.
475
476 b. Any building wall located five hundred (500) feet or more
477 from a public street shall not exceed a maximum of two
478 - •e - - e • _! . . _ - -- - •e •-e- e - -
479 walk
480
481 (2) Freestanding monument signs, as prescribed below Schools may
482 -- - • - - - - - -- •e - - ' - •- e e -
483
484 a. Any For schools located on a lots with—an—area less than
485 fifteen (15) acres in area, shall be permitted one (1)
486 freestanding monument sign with a maximum of two (2)
487 faces of forty (40) square feet per face.
488
489 b. Any For schools located on a lots with an area of fifteen (15)
490 acres or more in size area, shall be permitted a maximum of
491 one (1) freestanding monument sign no greater than forty
492 (40) feet per face in area per abutting street, located at the
493 principal vehicular entrance of from each street. In no case,
494 • --
495
496 - - - e e , . . - - - -- e-
497 497
498 c. No freestanding monument sign shall be installed within fifty
499 (50) feet of a residential use.
500
501 (k) 'e- - - :. ": - •e . " =- - •e - - - •e - - e •- e - e
502 section 211.1. [RESERVED]
13
503 (I) Construction fence signs. Signs on temporary protective fencing erected
504 around a site at which demolition or construction is being carried on shall be allowed,
505 subject to the following requirements:
506
507 (1) Other than safety information required or permitted by law or
508 - - - - - - - - - - ' - - - - - - - -
509 use or structure under construction or to be constructed after
510511512 by subsection (g);
513
514 (2) (1) Signs consisting of banners, wraps or similar material shall be
515 securely affixed to the fence on which they are located, and any
516 portions of a sign that become partially detached shall be promptly
517 re-affixed to the fence; and
518
519 (3) (2) Signs and the fencing to which they are affixed shall be maintained
520 in good condition at all times and graffiti or other forms of
521 defacement shall be removed or repaired promptly.
522
523 (m) Signs for city-owned parks and recreation centers. The following signs
524 shall be permitted for city-owned parks and recreation centers:
525
526 (1) Wall Signs. City-owned parks and recreation centers may have a
527 maximum of two (2) wall signs for each building wall facing a public
528 street, as prescribed below:
529
530 a. One (1) square foot of wall signage for every two (2) linear
531 feet of each building wall facing a public street. Said signage
532 shall not exceed a maximum of one hundred (100) square
533 feet for each such wall.
534
535 b. Any building wall located five hundred (500) feet or more
536 from a public street shall not exceed a maximum of two
537 hundred and fifty (250) square feet of signage for each such
538 wall.
539
540 (2) Freestanding Signs. City-owned parks and recreation centers may
541 have freestanding monument signs as prescribed below:
14
542 a. Any city-owned park or recreation center located on a lot
543 with an area less than fifteen (15) acres shall be permitted
544 one (1) freestanding monument sign with a maximum of two
545 (2) faces of forty (40) square feet per face.
546
547 b. Any city-owned park or recreation center located on a lot
548 with an area of fifteen (15) acres or more in size shall be
549 permitted one (1) freestanding monument sign per street,
550 located at the principal vehicular entrance of each street. In
551 no case, shall there be more than one (1) freestanding
552 monument sign on each street. Each sign shall not exceed a
553 maximum of two (2) faces of forty (40) square feet per face.
554
555 c. No freestanding monument sign shall be installed within fifty
556 (50) feet of a residential use.
557
558 COMMENT
559
560 The most significant changes to this section delete references to the content of certain types
561 of signs. Such action has been made necessary by the decision of the United States Supreme Court
562 in the case of Reed v. Town of Gilbert.
563
564 - . . . - e - e ..: " .
565
566 Roadside guide signs shall be permitted, subject to the following provisions:
567
568 (a) Signs shall be allowed only by resolution of the city council upon the
569 - ee • - • e e . - : e _ : e - - - e - - c . . .. -. ee . - - - - • e
570 •. - - - -- . . e - - -- ee - - - - . .. . - . e. ;
571
572 (b) Applications for such signs, which shall include an application fee in the
573 - -- - e - - - • . - - - :. -9.1! - - - e .. -• - - - - - -
574 _ _ •• e - - e e . ..;
575
576 (c) No signs shall be larger than five (5) square feet in area or higher than
577 nine and one half (9'h) feet above ground level, and all such signs shall have a
578 •- - - . . - . . . . _ _ . - ee _ • e . - 'e• . - e --
579
15
580
581 --- e . - e ; - e - - e - , -- -- - - - - . ee - .
582 • _ . - -- _ •- - - • - - -- e _ - - - - . ' - - - - - - - - - -- -
583 _ - - _ - _ - - -- -- ;
584
585 (e) Only the name of the use or establishment, a logo or other graphic symbol
586 - -- - - - - - - - - .. _. , - e - - - _ _ •• -- -
587 use or establishment may be displayed. The lettering, graphic elements and
588 e. . e - - - - - - - - - - - . - - - - e. e . - - - - --589 - -- -- - - -e- - - - - "e •-e- - -- - - - • - _ ___ .. - -- - '
590 works;
591
592 - - - - - - - - - -- - - - - - - - -
593 -- - • --- - e - - -- - -e ' - e - e - - - - - - -
594 _ - _ . . .. -- . - - . -- •• -- - -- - - - - e.- - - _ - - -
595 accommodate public signage requirements; and
596
597 (g) Signs shall be maintained in good condition at all times. Any sign not in
598 eees -- - - - - - e.- - - ' - - - - -• ee - - - - -- -- -- - -- - '-
599 were
600 COMMENT
601
602 The section is deleted from the City Zoning Ordinance and an ordinance adding it to Article
603 VI of Chapter 33 of the City Code, pertaining to encroachments, is to be brought forward
604 concurrently with this ordinance.
605
606 Sec. 212. Prohibited signs.
607
608 Except as otherwise provided, The the following signs shall be are prohibited:
609
610 (a) Signs which that imitate an official traffic sign or signal or which contain
611 the words "stop," "go slow," "caution," "danger," "warning," or similar words of similar
612 import, except as provided in section 211(d).
613
614 (b) Signs which arc that, by reason of their of a size, location, movement,
615 content, coloring, or manner of illumination,. which-Fay are likely to be confused with or
616 construed as a traffic-control device, or which that hide from view or obscure any traffic
617 or street sign or signal or which obstruct the view in any direction at a street or road
618 intersection.
16
619 (c) Signs +n on any public property in any zoning district, except
620 as otherwise expressly allowed provided in section 211(a) or section 211(k), or as
621 - - - - - - - - • - . - - ' - - • ' ' - -e -- _ ! - .
622
623 (d) Signs which whish—aelvertise identifying or advertising an activity, business,
624 product, or service no longer produced or conducted on the premises upon which the
625 sign is located..-; provided, however, that Where -- - - - - - - - - - -••• - •
626 seek anew ttet, such signs may remain in place for not more than ninety (90)
627 days from the date of vacancy.
628
629 (e) Signs which that contain or consist of pennants, ribbons, streamers,
630 spinners, strings of light bulbs, or other similar moving devices. These Such devices,
631 when not part of any sign, areim" m also prohibited when intended to attract attention
632 to the establishment on which they are located.
633
634 (f) Signs which arc pasted posted on or otherwise affixed attached to utility
635 poles, trees, or fences, or in an unauthorized manner to walls or other signs.
636
637 (g) Signs advertising activities which that are illegal under federal, state or city
638 laws or regulations.
639
640 (h) Reserved.
641
642 (i) All portable or nonstructural signs, except for banner signs or sandwich
643 --- - •- - - - - •- - - •• -- - - e - e - - - - - - .. . as
644 temporary signs as may be expressly allowed. For purposes of this ordinance, a sign
645 shall be considered as portable or nonstructural if it has no permanently mounted, self-
646 supporting structure or is not an integral part of a building to which it is accessory.
647
648 0) - - - - e - - - - _ - - -e - - - - - - =- - - --
649 - - e e --
651
-651 ten (10) square feet. [RESERVED]
652
653 (k) Except as otherwise provided, Signs signs projecting above the roofline
654 or to a height greater that than three-fourths (%) of the vertical distance between the
655 eaveline and ridgeline of any other type of the roof of the building or structure on which
656 they are located; provided, however, that signs mounted on parapet walls may extend to
657 a height equal to, but no greater than, the height of the parapet wall.
17
•
658 (I) - - - - - e - e • -- A . - -e e -, - - e - -659 - - - e e e - e__ •- - ' ' e- - •- - - - - -e - ' ' - ee -- - e_ - - e
660 - e e e • -* •" - •e • ' - - - A - - - - - - - e"
661
662 (m) Electronic display signs, except as expressly allowed by the city council in
663 conjunction with major entertainment venues and or as provided in Section 217
664 (electronic displays of motor vehicle fuel prices).
665
666 (n) Any sign that emits sound, smoke, vapor, particles, or odors.
667
668 COMMENT
669
670 The substantive changes to this section delete provisions relating to prohibited signage in
671 public rights-of-way or other public property not within a zoning district. The provisions
672 governing signage in those areas are, by separate ordinances, being moved to portions of the City
673 Code other than the City Zoning Ordinance. The remaining changes to this section are generally
674 stylistic in nature.
675
676
677
678 - . . . - •- - - - - • -• - • - - . ._ _ . - . [RESERVED]
679
680 - - - - • ' - - - - .- - - - ' - _. - - - - -- - -
681 _ - _ _ . .. _ - - - - . - - _ - _ - - - . -e e ee - - --
•
682 -- - - - - . . - - - - - - • - e - - -- - e ' - -- - • _ - _ _. --
683 - - - - . ' - - e e '- - - - e e - e - - - -• e - '684 Beach or by general law.
685
686 COMMENT
687
688 The section is repealed, and a similar provision is to be included in a separate ordinance
689 amending Chapter 3 (Advertising).
690
691
692 - . . . - - ••- - • . [RESERVED]
693
694 {a) Signs displayed on motor vehicles operated or parked on a public street or
695 in such location as to be visible from-the main traveled way of a public street shall be
696 e- .. =, e •e e e - e - _ - •• -
18
I i I
697698 - • - - e - -- , - _ . _ _ _ - - - - •
699 - - e ee - - e •' - -; e
700
701
702 inspection decal;
703
704 _ "e _ -- - ' - - e e - e e. ee - e - - - e
705 advertising; and
706
707 ('l) No more than four (4) signs having a maximum combined area of
708 two hundred fifty (250) square feet shall be simultaneously
709 - - - - e - - e ' - ', - - e - - - - _ - • . •.
710 square feet in area; provided, however, that the provisions of this
711 subdivision shall not apply to buses, trolleys or other motor vehicles
712 - e - - ' e - - ee - e - - - - - • - -- - - e
713 - - • - - - - - - - --• - - - ._
714 the owner of the vehicle.
715
716 (b) No motor vehicle shall be driven on any street within a residential
717 - -- e e e. -- e - - - e _e e, - - - - - - e e - - e
718 _ ee- - e e - e. c - _ - e ' e •- - -
719
720
721 • - - - - - - - - • ce - e - e. - e - : . e •- -. e • - - e - - -
722 . _ _ - _ . _ . _ . -- e - :. : •.
723
724 (1) Flashing, pulsating or blinking signs;
725
726
727 than once every four (4) seconds;
728
729 (3) Electronic chang able copy signs, including signs containing light
730 emitting diodes (LEDs), fiber optics, light bulbs or other illumination
731 devices used to change the advertising displayed by such signs;
732 and
733
19
734 - - - - - - - - - _ - -- • - -- - - --
735 motor vehicle to which they are affixed or that obscure the vision of
736
737
738 (d) Any sign greater than fifteen (15) square feet in area that is displayed on a
739 • - e . - e e. ee - e - • - - e. e . . - -- - • - -
740 vehicle shall require an annual permit issued pursuant to the provisions of section
741 '. . - -- - - - - •• - s- - . : : - - - • - - - - - • •e - - e
742 31(c)(13) of the City Code.
743
744 (e) Violations of any of the provisions of this section shall be punishable in
745 accordance with section 104.
746
747 (f) For purposes of this section:
748
749 _ -- _ -" •_ _ • - - - - e . - .• • - - c.
750 100 of the Code of Virginia or any successor statute, and shall also
751
752 vehicle;
753
754 (2) "Owner" shall be defined as set forth in section 46.2 100 of the
755 --- - - - - - - - -- - . . -, - - - - - - - -756
757
758 COMMENT
759
760 The section is repealed, and is to be included,essentially unchanged,in a separate ordinance
761 amending Chapter 3 (Advertising).
762
763
764
765 Sec. 213. Illumination.
766
767 (a) The light from any illuminated sign shall be so shaded, shielded or
768 directed that the light intensity or brightness shall not adversely affect surrounding or
769 facing premises nor adversely affect safe vision of operators of vehicles moving on
770 public or private roads, highways, or parking areas. Light shall not shine or reflect in an
771 offensive manner on or into residential structures, including motels.
772
20
773 (b) No exposed reflective type bulbs or incandescent lamps shall be used on
774 the exterior surface of any sign in such a manner that will cause offensive glare on
775 adjacent property or create a traffic hazard.
776
777 (c) No sign shall have contain or consist of blinking, flashing or fluttering
778 intermittent lights or other similar illuminating devices, which are so whether or not such
779 devices constructed and operated as to constitute a public safety or traffic hazard.
780
781 COMMENT
782
783 The changes to this section are primarily stylistic in nature; the changes to subsection (c),
784 however,strengthen the restrictions upon blinking,flashing or similar illuminating devices.
785
786
787 Sec. 214. Sign height, setback and landscaping.
788
789 (a) No freestanding sign shall exceed twelve (12) feet in height from ground
790 level at the base of such sign.
791
792 (b) No freestanding sign shall be set back less than seven (7) feet from any
793 existing public right-of-way; provided, however, that a freestanding sign having a height
794 of eight (8) feet or less may be set back five (5) feet from any such right-of-way. The
795 minimum sign setback from interstate roadways and expressways designated by the
796 city council shall be one hundred (100) feet.
797
798 (c) -- ---
•
799 - - - - - - _ • -- . -*•-e - - - - • - - - - -- e'-e - -• - -
800 section 5A of the site plan ordinance. All such landscaping shall be maintained in good
801 - - - - - - • - - - -- _ - - - - - - - --- - - -- -
802 sign is located.
803
804 A minimum of seventy-five (75) square feet of planted area shall be provided
805 around any freestanding sign, in accordance with the following requirements:
806
807 (1) Planting materials shall include a combination of grass, ground
808 cover and low shrubs not exceeding a height of three (3) feet at
809 maturity or design elements used in conjunction with the sign, not
810 exceeding the three (3) foot height limit;
811
21
812 (2) All plant materials shall be placed in a defined planting area, which
813 shall be a minimum of six (6) feet in width and shall be maintained
814 so as not to obstruct the view of the sign face on either side;
815
816 (3) All plant materials shall be subject to the approval of the planning
817 director or his designee in accordance with established industry
818 standards;
819
820 (4) Landscaping shall be compatible with parking lot plantings in order
821 to help achieve the goal of a unified project design; and
822
823 (5) Landscaping shall be included as a credit in the calculation of any
824 required parking lot landscaping as specified in Section 5A of the
825 Site Plan Ordinance (Parking Lot and Foundation Landscaping).
826
827 (d) Freestanding signs, including replacements of sign faces, shall display the
828 street number of the property upon which the sign is located. Such display shall consist
829 of numerals no larger than twelve (12) inches and no less than six (6) inches in height
830 and shall be located within, but not extended above, the top portion of the face of the
831 sign, unless impractical. The portion of the sign displaying the street number shall not
832 be deemed a part of the sign for purposes of measuring the surface area of such
833
834 COMMENT
835
836 The amendments incorporate the City's landscaping standards pertaining to freestanding
837 signs.
838
839
840 Sec. 215. Nonconforming signs.
841
842 (a) Notwithstanding the provisions of section 105(f) of this ordinance, no
843 nonconforming sign shall be structurally altered, enlarged, moved or replaced, whether
844 voluntarily or by reason of involuntary damage to or destruction of such sign, unless
845 such sign is brought into compliance with the provisions of this ordinance. Except as
846 provided in section 216, no nonconforming sign shall be repaired at a cost in excess of
847 fifty (50) percent of its original cost unless such sign is caused to comply with the
848 provisions of this ordinance. Any nonconforming sign which is not maintained
22
849 __ . e - - *cc: _.' in an unsafe condition, and any nonconforming sign which is
850 abandoned shall be removed.
851
852 (b) For purposes of this section, a sign shall be deemed to be abandoned if
853 - - _ . - - _ • - _ - - - - - e--- - - - - - - - - - -
854 _ - . Following the expiration of at least two (2) years, any Any
855 abandoned nonconforming sign that has been abandoned for a period of two years or
856 longer shall be removed by the owner of the property on which the sign is located, after
857 notification by the zoning administrator. If, following such two-year period, the zoning
858 administrator has made a reasonable attempt to notify the property owner, the city
859 through its own agents or employees may enter the property upon which the sign is
860 located and removed any such sign wherever the owner has refused to do so. The cost
861 of such removal shall be chargeable to the owner of the property. Nothing herein shall
862 prevent the city from applying to a court of competent jurisdiction for an order requiring
863 the removal of such abandoned nonconforming sign by the owner by means of
864 injunction or other appropriated remedy. For purposes of this section, a sign shall be
865 deemed to be abandoned if the business for which the sign was erected has not been in
866 operation for a period of at least two (2) years.
867
868 (b) (c) Notwithstanding the provisions of subsection (a) hereof, the zoning
869 administrator may, at his discretion and with the concurrence of the director of planning,
870 vary the requirements of this ordinance pertaining to the allowed number of signs, total
871 sign area, individual sign area, number of freestanding signs and height of freestanding
872 signs in cases in which the owner of a sign or other proper party desires to repair,
873 replace, relocate or structurally alter an existing nonconforming sign or combination of
874 signs and such repair, replacement, relocation or structural alteration is not required, or
875 has not been made necessary, by reason of damage, destruction, deterioration,
876 disrepair or noncompliance with applicable building code standards or any of the
877 provisions of this ordinance; provided, however, that the regulations set forth in
878 - e -- •- . . - e - - - •. . . - - - - - - - - e-
879
879 (c) (d) Nothing in this section shall be construed to limit or otherwise impair the
880 right of any proper party to apply to the board of zoning appeals for a variance from any
881 of the sign regulations set forth in this ordinance.
882
883 COMMENT
884
885 The amendments conform the section to state law provisions regarding the maintenance
886 and abandonment of nonconforming signs.
23
887
888
889 Sec. 216. Outdoor advertising structures, billboards, signboards and poster
890 panels.
891
892 (a) No new billboards shall be erected within the city limits, effective
893 immediately. All existing billboards shall be governed by the provisions of section 215 of
894 this ordinance. No billboard heretofore erected shall be located, in whole or in part,
895 upon improved property.
896
897 (b) No billboard shall be located within five hundred (500) feet of an
898 interchange, or intersection at grade, on any highway, interstate or city council
899 designated expressway (measured along the highway, interstate or expressway to the
900 nearest point of the beginning or ending of pavement widening at the exit from or
901 entrance to the main traveled way). On all other streets, no billboard shall be located
902 within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge or
903 tunnel or a plaza serving such facility.
904
905 (c) No billboard shall be located closer than within: (i) fifty (50) feet to of any
906 property linei nor located closer than (ii) six hundred sixty (660) feet to of the right-of-
907 way line of any interstate or expressway designated by city councili, nor closer than (iii)
908 twenty-five (25) feet to of the right-of-way of any other street. or . However, no billboard
909 shall be located within (iv) two hundred (200) feet of any established residential or
910 apartment zoning district. No billboard shall be located upon any lot having a street
911 frontage of less than two hundred (200) feet and an area of less than ten thousand
912 (10,000) square feet.
913
914 (d) The repair of lawfully nonconforming billboards visible from the main
915 traveled way of any interstate highway, federal-aid primary highway= as that system
916 existed on June 1, 1991, or national highway system highway shall be governed by the
917 provisions of Virginia Code section 33.2-1219, the regulations promulgated thereunder
918 or any successor statute or regulation. No building permit authorizing the repair of any
919 such billboard shall be issued unless the owner of the billboard provides to the building
920 codes administrator a letter from the commonwealth transportation commissioner
921 approving the proposed repairs. In the event the building codes administrator
922 determines that the cost of the proposed repairs exceeds fifty (50) percent of the
923 replacement cost of the billboard, he shall, within thirty (30) days of the filing of the
924 building permit application, submit an objection to the determination of the
925 commissioner, together with documentation supporting such objection. A copy of such
24
926 objection and documentation shall be provided to the billboard owner. The
927 determination of the commissioner upon reconsideration shall be binding.
928
929 - ` e -.-e - -. .e - - -- • - e - - " e e . e -
930 - - e. . . - - - -. 'e • - e - - -
931
932 COMMENT
933
934 The amendments to this section delete references to certain sections that are repealed by
935 this ordinance. Because the definition of"billboard" has been amended to exclude off-site signage,
936 such as roadside guide signs, that is expressly allowed, subsection (e) is deleted, as the new
937 definition renders that subsection superfluous.
938
939 Sec. 217. - Electronic displays of motor vehicle fuel prices.
940
941 Motor vehicle fuel prices may be displayed on an electronic display sign, subject to
942 the following requirements:
943 - -
944 price per gallon, expressed numerically, of the motor vehicle fuels offered for
945 _ - _ - - -•• - _ - - - - - - -- - - - - '- ' - - -
946 permitted by this subsection.
947 (ba)Such signs shall be allowed only pursuant to a conditional use permit
948 authorizing an automobile service station at which motor vehicle fuels are
949 offered for sale or at establishments for which a conditional use permit allowing
950 such fuel sales has previously been granted and remains in effect.
951 (eb)Such signs shall conform to the following requirements:
952 (1) No more than one such sign shall be permitted on any zoning lot;
953 (2) Such signs shall be monument-style, as defined in section 210.2, and no
954 such sign, including the base, shall exceed a height of eight (8) feet;
955 (3) No such sign shall have more than three separate panels capable of
956 displaying information electronically, and each such panel shall be limited to
957 the display of a single grade of fuel. The total area of the portion of that sign
958 that is capable of electronic displays shall not exceed twelve (12) square
959 feet in area;
960 (4) The pixel pitch of the electronic display portion of such signs shall be
961 nineteen (19) millimeters or smaller;
962 (5) Fuel prices shall not be changed more often than two (2) times in any
963 twenty-four (24) hour period, and scrolling, flashing, blinking or any other
964 type of intermittent movement or illumination of elements of the electronic
25
965 display shall be prohibited. Change sequences shall be accomplished by
966 means of instantaneous re-pixelization;
967 (6) Electronic displays shall consist of no more than two (2) colors;
968 (7) Audio speakers on, or electronically connected to, such signs shall not be
969 permitted;
970 (8) Such signs shall not exceed a maximum illumination of five thousand
971 (5,000) candelas per square meter from sunrise to sunset or five hundred
972 (500) candelas per square meter between sunset and sunrise, as measured
973 from the sign face at maximum brightness, and shall be equipped with a
974 working dimmer control device capable of automatically reducing the
975 illumination to the required sunset-to-sunrise level. Prior to the issuance of
976 a sign permit, the applicant shall provide written certification from the sign
977 manufacturer that the light intensity has been factory pre-set not to exceed
978 the maximum intensity level; and
979 (9) The electrical service lines providing power to such signs shall be
980 underground.
981
982 COMMENT
983
984 The amendment to this section deletes the content based reference in subsection(a) and re-
985 letters the subsections.
986
987 Sec. 218. Major entertainment venue signs.
988
989 Signage for major entertainment venues, other than signage otherwise allowed,
990 shall be allowed only with the approval of the City Council and shall be subject to the
991 following requirements:
992 . . .
993
994 (d) The City Council shall consider the following criteria in acting upon an
995 application:
996
997 (1) The extent to which the proposed signage is consistent with
998 applicable sign regulations and Sign Design Guidelines, if any of
999 the district;
1000
1001 (2) The extent to which the proposed signage is consistent with the
1002 recommendations of the Comprehensive Plan;
1003
26
1004 (3) The extent to which the scale, color, materials, shape, illumination
1005 and landscaping of the proposed signage, considered as a whole,
1006 is compatible with surrounding properties;
1007
1008 (4) The impact of the proposed signage on traffic safety, taking into
1009 consideration the degree to which view obstructions are created or
1010 improved, avoidance of confusion with or obstruction of traffic
1011 control signs and devices, and other safety-related factors; and
1012
1013 (5) The degree to which the proposed signage is integrated into a
1014 unified development concept, considering the building design, other
1015 signs, landscaping, traffic circulation, and other development
1016 features of the property.
1017
1018 COMMENT
1019
1020 The amendments clarify that major entertainment venue signs must conform to the
1021 applicable sign regulations and design guidelines of the district in which they are located.
1022
1023 . . . .
1024
1025 C. CONDITIONAL USES AND STRUCTURES.
1026 . . . .
1027
1028 Sec. 225.1. Bed and breakfast inns.
1029
1030 In addition to general requirements, bed and breakfast inns shall be subject to
1031 the following requirements, which shall be deemed to be conditions of the conditional
1032 use permit:
1033
1034 . . . .
1035 (4) Notwithstanding any contrary provision of this ordinance, signage shall be
1036 limited to one (1) identification sign not exceeding nine (9) square feet per
1037 face.
1038
1039 COMMENT:
1040
1041 The amendment deletes the requirement that any sign allowed at a bed and breakfast inn be
1042 an "identification"sign,that type of regulation is content-based.
27
1043
1044
1045
1046 Sec. 234. Home occupations.
1047
1048 In districts where they are generally permitted, an occupation may be conducted
1049 in a dwelling unit, provided that:
1050
1051 (c) No identification sign shall be permitted. However, as an exception, the
1052 city council, upon a finding that a sign would not be detrimental to the surrounding
1053 neighborhood, may as a condition of the use permit allow up to one (1) sign,
1054 nonilluminatcd, not to be illuminated or to exceed one (1) square foot in area, mounted
1055 flat against the wall of the residence.
1056
1057 COMMENT
1058
1059 The amendment removes the descriptor "identification" as it relates to signs for home
1060 occupation uses,as it describes a type of sign on the basis of its content.
1061
1062
1063
1064 ARTICLE 3. PRESERVATION DISTRICT
1065
1066 . . . .
1067
1068 Sec. 303. Sign regulations.
1069
1070 Within the P-1 Preservation District, except as may be permitted by the
1071 conditional use permit authorizing a specific use, only one (1) sign, not exceeding
1072 twelve (12) square feet in area, shall be permitted on any zoning lot in connection with
1073 any use. No sign shall be directly illuminated or mounted located closer than ten (10)
1074 feet to the property line fronting the street or be higher than eight (8) feet above the
1075 ground elevation.
1076
1077 COMMENT
1078
1079 The amendment substitutes the term "located" for"mounted" in prescribing where signs in
1080 the P-1 Preservation District may be placed. In addition, a provision allowing signage to be
1081 determined by conditional use permit has been added.
1082 . . . .
28
1083
1084 ARTICLE 4. AGRICULTURAL DISTRICTS.
1085 . . . .
1086
1087 Sec. 401. Use regulations.
1088
1089 . . . .
1090
1091 (b) Accessory uses and structures. Uses and structures which are customarily
1092 accessory and clearly incidental and subordinate to principal uses and structures,
1093 including but not limited to, an accessory activity operated for profit in a residential
1094 dwelling unit where (i) there is no change in the outside appearance of the building or
1095 premises or any visible or audible evidence detectable from outside the building lot,
1096 either permanently or intermittently, of the conduct of such business except for one (1)
1097 nonilluminated identification sign not more than one (1) square foot in area mounted flat
1098 against the residence; (ii) no traffic is generated, including traffic by commercial delivery
1099 vehicles, by such activity in greater volumes than would normally be expected in the
1100 neighborhood, and any need for parking generated by the conduct of such activity is
1101 met off the street and other than in a required front yard; (iii) the activity is conducted on
1102 the premises which is the bona fide residence of the principal practitioner, and no
1103 person other than members of the immediate family occupying such dwelling units is
1104 employed in the activity; (iv) such activity is conducted only in the principal structure on
1105 the lot; (v) there are no sales to the general public of products or merchandise from the
1106 home, except for agricultural products, or agricultural-related products, incidental to an
1107 agricultural operation on which the dwelling unit is located; and (vi) the activity is
1108 specifically designed or conducted to permit no more than one (1) patron, customer, or
1109 pupil to be present on the premises at any one time. Notwithstanding the provisions of
1110 clauses (ii) and (vi) hereof, ministers, marriage commissioners and other persons
1111 authorized by law to perform the rites of marriage may permit a maximum of eight (8)
1112 persons on the premises at any one time in connection with the performance of such
1113 rites, provided that all other requirements of subdivision (b)(2) are met. The following
1114 are specifically prohibited as accessory activities: Convalescent or nursing homes,
1115 tourist homes, massage or tattoo parlors, body piercing establishments, radio or
1116 television repair shops, auto repair shops, or similar establishments.
1117
1118 COMMENT
1119
1120 The amendment removes the descriptor "identification" as it relates to signs for home
1121 occupation uses,as it describes a type of sign on the basis of its content.
29
1122
1123
1124
1125 Sec. 403. Sign regulations.
1126
1127 Signs within the AG-1 and AG-2 Agricultural Districts shall be permitted as
1128 follows:
1129
1130 (a) Not to exceed one identification Except as may be permitted by the
1131 conditional use permit authorizing a specific use, one sign not more greater than sixteen
1132 (16) square feet in area fer at each principal entrance or frontage of any use shall be
1133 permitted, except for religious uses and educational institutions, for which the maximum
1134 area per sign shall not exceed be thirty-two (32) square feet.
1135
1136 (b) A maximum of four (4) Signs adyerficing signs located on property for
1137 sale, lease or rent, provided that no such sign shall exceed thirty-two (32) square feet in
1138 area, and that not more than one such sign shall be erected for each one hundred (100)
1139 feet of lot line at the adjoining a public street. , and that not more than four
1140 (1) such signs shall be erected on any property. Any property having less frontage or lot
1141 line adjoining a street may have one (1) sign not exceeding sixteen (16) square feet of
1142 surface area.
1143
1144 (c) Agricultural products signs Signs displayed on any farm or ranch by the
1145 - - e c-- - - - - - e. *e - - - - - - - - •• - - -- -• •-e engaged in
1146 the products or crops thereof production, cultivation, growing, harvesting or processing
1147 of agricultural products, or the raising or keeping of livestock; provided that no such sign
1148 shall exceed thirty-two (32) square feet in area, that not more than one (1) such sign
1149 shall be erected for each five hundred (500) feet of lot line at the adjoining a public
1150 street , and that such signs - e- - -- e - e -•-e - e - • - -
1151 - _ . - _ - - - - - •_ - not be displayed for over more than six (6) months
1152 in any calendar year.
1153
1154 COMMENT
1155
1156 The amendments delete all references to the content of allowed signage in Agricultural
1157 Districts. In addition, a provision allowing signage to be determined by conditional use permit has
1158 been added.
1159
1160
30
1161 ARTICLE 5. RESIDENTIAL DISTRICTS.
1162
1163 . . . .
1164
1165 Sec. 501. Use regulations
1166 . . . .
1167
1168 (b) Accessory uses and structures. Uses and structures which are
1169 customarily accessory and clearly incidental and subordinate to principal uses and
1170 structures and where such accessory structures do not exceed the height of the
1171 principal structure and, in all residential zoning districts, except for R-30 and R-40, do
1172 not exceed five hundred (500) square feet of floor area or twenty (20) percent of the
1173 floor area of the principal structure, whichever is greater. In the R-30 and R-40
1174 residential zoning districts, accessory uses and structures shall not exceed thirty (30)
1175 percent of the floor area of the principal structure. Such accessory uses and structures
1176 include but are not limited to:
1177 . . . .
1178
1179 (5) An accessory activity operated for profit in a residential dwelling
1180 unit where (i) there is no change in the outside appearance of the
1181 building or premises or any visible or audible evidence detectable
1182 from outside the building lot, either permanently or intermittently, of
1183 the conduct of such business except for one (1) nonilluminated
1184 identification sign not more than one (1) square foot in area
1185 mounted flat against the residence; (ii) no traffic is generated,
1186 including traffic by commercial delivery vehicles, by such activity in
1187 greater volumes than would normally be expected in the
1188 neighborhood, and any need for parking generated by the conduct
1189 of such activity is met off the street and other than in a required
1190 front yard; (iii) the activity is conducted on the premises which is the
1191 bona fide residence of the principal practitioner, and no person
1192 other than members of the immediate family occupying such
1193 dwelling units is employed in the activity; (iv) such activity is
1194 conducted only in the principal structure on the lot; (v) there are no
1195 sales to the general public of products or merchandise from the
1196 home; and (vi) the activity is specifically designed or conducted to
1197 permit no more than one (1) patron, customer, or pupil to be
1198 present on the premises at any one time. Notwithstanding the
1199 provisions of clauses (ii) and (vi) hereof, ministers, marriage
31
1200 commissioners and other persons authorized by law to perform the
1201 rites of marriage may permit a maximum of eight (8) persons on the
1202 premises at any one time in connection with the performance of
1203 such rites, provided that all other requirements of subdivision (b)(5)
1204 are met. The following are specifically prohibited as accessory
1205 activities: Convalescent or nursing homes, tourist homes, massage
1206 or tattoo parlors, body piercing establishments, radio or television
1207 repair shops, auto repair shops, or similar establishments.
1208
1209 COMMENT
1210
1211 The descriptor "identification" sign is deleted is subsection (b)(5), as it describes a content-
1212 based type of sign for accessory home occupations.
1213 . . . .
1214
1215 Sec. 504. Sign regulations.
1216
1217 In all Residential Districts, signs shall be permitted as follows:
1218
1219 (a) For residential subdivisions, there shall be permitted one (1) identification
1220 sign not morc greater than thirty-two (32) square feet in area for at each principal
1221 entrance or frontage of any use.
1222
1223 (b) A maximum of two (2) Signs advertising signs located on property for sale,
1224 lease or rent shall be permitted, provided that no such sign shall exceed eight (8)
1225 square feet in area . - - - - - e - - - - - - - -- - --1226 let.
1227
1228 (c) In the case of subdivisions under construction or development, one (1)
1229 sign not exceeding one hundred (100) square feet in surface area shall be permitted at
1230 each principal entrance or frontage for a period of two (2) years following the initiation of
1231 construction or development. Upon the expiration of such period, there shall be
1232 permitted one (1) sign not exceeding sixty-four (64) square feet in surface area for an
1233 additional period of three (3) years; provided, however, that any such sign shall be
1234 removed when ninety (90) percent of the property has been sold or leased, or upon the
1235 expiration of five (5) years following the initiation of construction or development,
1236 whichever first occurs.
1237
1238 COMMENT
32
1239
1240 The amendments delete all references to the content of allowed signage in Residential
1241 Districts. In addition, the measure of the length of time certain signs may be displayed has been
1242 clarified.
1243
1244
1245 ARTICLE 6. APARTMENT DISTRICTS.
1246 . . . .
1247
1248 Sec. 605. Sign regulations.
1249
1250 Within all Apartment Districts, signs shall be permitted as follows:
1251
1252 (a) For subdivisions there shall be permitted one (1) identifioation sign not
1253 more greater than thirty-two (32) square feet in area for at each principal entrance or
1254 frontage of any use.
1255
1256 (b) Signs advertising A maximum of two (2) signs located on property for sale,
1257 lease or rent shall—be—permitted, provided that no such sign shall exceed eight (8)
1258 square feet in area _ _ • . _ _ - _
1259 lot. - -- . -
1260 not exceeding four (4) square feet of surface area.
1261
1262 (c) In the case of new multiple-family dwellings, one (1) sign not exceeding
1263 one hundred fifty (150) square feet in area may be erected at each principal entrance ec
1264 frontage to facilitate occupancy. Any such sign must shall be removed when seventy
1265 (70) percent of the property is occupied; or leased, or after a period of twenty-four (24)
1266 months from the date on which a certificate of occupancy is first issued, whichever
1267 comes first. A _ -- - - _ _ _ - _ •• _ . - . _ _ _ _ _ . _
1268 use is first permitted as a principal use.
1269
1270 (d) Signage allowances for uses other than multiple-family dwellings shall be
1271 the same as in the most restrictive district in which the use is permitted as a principal
1272 use.
1273
1274 COMMENT
1275
1276 The amendments delete all references to the content of allowed signage in Apartment
1277 Districts and clarifies the measure of the length of time certain signs may be displayed The
33
1278 addition of subsection (d) replaces and clarifies the stricken language in subsection (c) regarding
1279 sign allowances for uses other than multiple-family dwellings.
1280
1281 . . . .
1282
1283 ARTICLE 7. HOTEL DISTRICTS.
1284 . . . .
1285
1286 Sec. 705. Sign regulations.
1287
1288 (a) Within the H-1 Hotel District, the same regulations as that apply in the
1289 Residential Districts and the Apartment Districts shall apply, and-in-addition except as
1290 follows:
1291 (1) For each twenty (20) feet of frontage and for each forty (40) feet of
1292 lot line adjoining a street, but not constituting frontage, not more
1293 than one (1) sign and not more than forty (40) square feet of
1294 surface arca of signage shall be permitted; provided, however, that
1295 no establishment shall have mort more than four (4) signs,, of which
1296 one (1) may be a freestanding sign; and provided further, that no
1297 establishment having a frontage of less than one hundred (100)
1298 feet shall have a freestanding sign. No establishment having a
1299 frontage of at least one hundred (100) feet but less than or equal to
1300 two hundred (200) feet shall have a freestanding sign exceeding
1301 thirty-two (32) square feet of surface in area per face, and no
1302 establishment having a frontage of more than two hundred (200)
1303 feet shall have a freestanding sign exceeding seventy-five (75)
1304 square feet of surface in area per face. No freestanding sign shall
1305 exceed two (2) faces, and no sign of any other type shall exceed
1306 one hundred fifty (150) square feet of surface in area. Any
1307 establishment or property having less frontage or lot line adjoining a
1308 street than required above may have one (1) sign not exceeding
1309 thirty (30) square feet of surface in area.
1310
1311 (2) Signs advertising located on property for sale, lease or rent shall be
1312 permitted, provided that no such sign shall exceed thirty-two (32)
1313 square feet in area, that not more than two (2) such signs shall be
1314 erected for each one hundred (100) feet of lot line at adjoining the
1315 street , and that not more than four (4) such signs shall
1316 be erected on any property. Any property having less frontage or lot
34
1317 line adjoining a street may have one (1) sign not exceeding thirty-
1318 two (32) square feet of surface area.
1319
1320 -
1321 - - - - ' ' _- -• _ _ _ e _ __ -. Signage allowances for uses other than
1322 hotels and motels shall be the same as in the most restrictive district in which the use is
1323 permitted as a principal use.
1324
1325 COMMENT
1326
1327 The amendments include certain stylistic changes, a deletion of the content-based
1328 descriptors regarding identification signs and for sale or rent signs, and clarification of the stricken
1329 language regarding sign allowances for uses other than hotels and motels in subsection(b).
1330
1331
1332
1333 ARTICLE 8. OFFICE DISTRICTS.
1334 . . . .
1335
1336 Sec. 805. Sign regulations.
1337
1338 Within the 0-1 and 0-2 Office Districts, the following sign regulations shall apply:
1339
1340 (a) For each forty (40) feet of frontage and for each eighty (80) feet of lot line
1341 adjoining a street, but not constituting frontage, not more than one (1) sign and not more
1342 than thirty-two (32) square feet of surface area of signage shall be permitted; provided,
1343 however, that no establishment shall have more than two (2) signs., of which one (1)
1344 may be a freestanding sign; and provided further, that no establishment having a
1345 frontage of less than one hundred (100) feet or less shall have a freestanding sign. No
1346 establishment having a frontage of at least one hundred (100) feet but less than or
1347 equal to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32)
1348 square feet of surface in area per face, and no establishment having a frontage of more
1349 than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75)
1350 square feet of surface in area per face. No freestanding sign shall exceed two (2) faces,
1351 and no sign of any othcr typo shall exceed one hundred fifty (150) square feet of
1352 surface in area. Any establishment or property having less frontage or lot line adjoining
1353 a street than required above may have one (1) sign not exceeding thirty-two (32) square
1354 feet in area.
1355
35
1356 (b) Where there is an established office or institutional park containing at least
1357 five (5)or more establishments and a minimum of forty thousand (40,000) square feet of
1358 land area, there shall be permitted at each principal entrance one (1) additional center
1359 identification sign for ach principal entrance - e - - - e • - - -- , neither of
1360 which shall exceed no greater in area than one hundred (100) square feet of surface
1361 area per face. Where there is an established office or institutional park containing at
1362 least ten (10) establishments and a minimum of fifteen (15) acres of land, there shall be
1363 permitted at each principal entrance one (1) center identification additional sign for each
1364 principal entrance ' e - - - - - - - , - - - - - - - - - - - no greater
1365 in area than one hundred fifty (150) square feet of surface area per face.
1366
1367 (c) Signs advertising located on property for sale, lease or rent shall be
1368 permitted, provided that no such sign shall exceed thirty-two (32) square feet in area,
1369 that not more than two (2) such signs shall be erected for each one hundred (100) feet
1370 of lot line at adjoining the street fight-of-way, and that not more than four (4) such signs
1371 shall be erected on any property. Any property having less frontage or lot line adjoining
1372 a street may have one (1) sign not exceeding thirty-two (32) square feet of surface in
1373 area.
1374
1375 COMMENT
1376
1377 The substantive amendments delete the content-based descriptors regarding "center
1378 identification" signs in subsection (b) and signs "advertising property of sale, lease or rent." The
1379 result is that the office or institutional parks signs referred to in subsection (b) need not be limited
1380 to identifying the park, and the for sale or lease signs referred to in subsection (c) need not be
1381 limited to actually advertising the availability of the property, so long as they are located on
1382 property that is for sale or lease.
1383
1384 Certain other changes to the section are stylistic in nature.
1385
1386
1387 ARTICLE 9. BUSINESS DISTRICTS.
1388 . . . .
1389
1390 Sec. 901. Use regulations.
1391 . . . .
1392
1393 (b) Accessory uses and structures. Uses and structures which are customarily
1394 accessory and clearly incidental and subordinate to the principal uses and structures,
1395 including, but not limited to:
36
1396
1397 (1) An accessory activity operated for profit in a residential dwelling
1398 unit where there is no change in the outside appearance of the
1399 building or premises or any visible or audible evidence detectable
1400 from outside the building lot, either permanently or intermittently, of
1401 the conduct of such business except for one non-illuminated
1402 mon sign not more than one square foot in area mounted
1403 flat against the residence; where no traffic is generated, including
1404 traffic by commercial delivery vehicles, by such activity in greater
1405 volumes than would normally be expected in the neighborhood, and
1406 any need for parking generated by the conduct of such activity is
1407 met off the street and other than in a required front yard; where the
1408 activity is conducted on the premises which is the bona fide
1409 residence of the principal practitioner, and no person other than
1410 members of the immediate family occupying such dwelling unit is
1411 employed in the activity; where such activity is conducted only in
1412 the principal structure on the lot; where there are no sales to the
1413 general public of products or merchandise from the home; and
1414 where the activity is specifically designed or conducted to permit no
1415 more than one patron, customer, or pupil to be present on the
1416 premises at any one time. The following are specifically prohibited
1417 as accessory activities: Convalescent or nursing homes, bars or
1418 nightclubs, tourist homes, massage or tattoo parlors, radio or
1419 television repair shops, auto repair shops, or similar
1420 establishments.
1421
1422 The descriptor "identification" sign is deleted is subsection (b)(1), as it describes a content-
1423 based type of sign for accessory home occupations.
1424
1425 . . . .
1426
1427 Sec. 905. Sign regulations.
1428
1429 (a) In the B-1 Neighborhood Business District, signs shall be permitted as
1430 follows:
1431
1432 (1) For each forty (40) feet of frontage and for each eighty (80) feet of
1433 lot line adjoining a street, but not constituting frontage, not more
1434 than one sign and not more than thirty-two (32) square feet of
1435 surface area of signage shall be permitted; provided, however, that
1436 no establishment shall have more than three (3) signs, of which one
1437 may be a freestanding sign; and provided further that no
1438 establishment having a frontage of less than one hundred (100)
37
1439 feet shall have a freestanding sign. No establishment having a
1440 frontage of at least one hundred (100) feet but less than or equal to
1441 two hundred (200) feet shall have a freestanding sign exceeding
1442 thirty-two (32) square feet of surface in area per face, and no
1443 establishment having a frontage of more than two hundred (200)
1444 feet shall have a freestanding sign exceeding seventy-five (75)
1445 square feet of surface in area per face. No -- - - - •- -
1446 exceed two (2) faces, and no sign of any other typo shall exceed
1447 one hundred fifty (150) square feet of surface area. Any
1448 establishment or property having less frontage or lot line adjoining a
1449 street than required above may have one sign not exceeding thirty-
1450 two (32) square feet in area.
1451
1452 (2) Where there is an established neighborhood commercial center
1453 containing five (5) or more establishments and a minimum of forty
1454 thousand (40,000) square feet of land area, one center
1455 identification additional sign no greater in area than one hundred
1456 (100) square feet per face may be erected for at each principal
1457 entrance not exceeding two (2) faces, neither of which shall exceed
1458 one hundred (100) square feet of surface ar a Such identification
1459 sign shall specify only the name of the center. Alternatively, such
1460 _ - - - - . - •- _ - _ - - _
1461 center if (i) the portion of a sign on which tenant names are
1462 - - - - - - - .--e _! _- -- • _ • - - - - -
1463 -- - - - - - - _ _ • - - - - - - -
1464 uniform color; (iii) the The top of the face of such sign does shall
1465 not exceed eight (8)feet in height and the top of any decorative cap
1466 on such sign does shall not exceed ten (10) feet in height. ; (iv)
1467 such Such sign does shall not exceed twelve (12) feet in width and
1468 (v) the face of such sign is shall be surrounded by a minimum of six
1469 (6) inches of framework constructed of a material matching in color
1470 and texture the primary exterior building material of the principal
1471 structure in the center.
1472
1473 (3) Signs advertising located on property for sale, lease or rent shall be
1474 permitted, provided that no such sign shall exceed thirty-two (32)
1475 square feet in area, that not more than two (2) such signs shall be
1476 erected for each one hundred (100) feet of lot line at adioininq the
1477 street right of way, and that not more than four (4) such signs shall
38
1478 be erected on any property. Any property having less frontage or lot
1479 line adjoining a street may have one (1) sign not exceeding sixteen
1480 (16) square feet of surface area.
1481
1482 (4) Beacon lights or search lights may be permitted for advertising
1483 purposes for special events.
1484
1485 (5) To facilitate occupancy in a new neighborhood shopping center
1486 containing a minimum of forty thousand (40,000) square feet of
1487 land area, one (1) temporary sign may be erected not to exceed
1488 one hundred (100) square feet of surface in area shall be permitted.
1489 Such sign shall be removed when seventy (70) percent of the
1490 property is occupied or leased, or after a period of twenty-four (24)
1491 months from the date on which a certificate of occupancy is first
1492 issued, whichever comes first.
1493
1494 (b) In the B-1A Limited Community Business District and in the B-2
1495 Community Business District, signs shall be permitted as follows:
1496
1497 (1) For each forty (40) feet of frontage and for each eighty (80) feet of
1498 lot line adjoining a street, but not constituting frontage, not more
1499 than one (1) sign and not more than sixty (60) square feet of
1500 surface ar a of signage shall be permitted; provided, however, that
1501 no establishment shall have more than three (3) signs, of which one
1502 (1) may be a freestanding sign; and provided further that no
1503 establishment having a frontage of less than one hundred (100)
1504 feet shall have a freestanding sign. No establishment having a
1505 frontage of at least one hundred (100) feet but less than or equal to
1506 two hundred (200) feet shall have a freestanding sign exceeding
1507 thirty-two (32) square feet of surface in area per face, and no
1508 establishment having a frontage of more than two hundred (200)
1509 feet shall have a freestanding sign exceeding seventy-five (75)
1510 square feet of surface in area per face. No freestanding sign shall
1511 exceed two (2) faces, and no sign of any other typo shall exceed
1512 one hundred fifty (150) square feet of surface in area. Any
1513 establishment or property having less frontage or lot line adjoining a
1514 street than required above may have one (1) sign not exceeding
1515 forty (40) square feet in area.
39
1516 (2) Where there is an established neighborhood commercial center
1517 containing five (5) or more establishments and a minimum of forty
1518 thousand (40,000) square feet of land area, one (1) center
1519 identification additional sign no greater in area than one hundred
1520 (100) square feet per face shall be permitted for at each principal
1521 entrance •_ - - - e - •- , ' - • - - - -'-
1522 _ - _ -e e e e—. - -- _ - . - - . Where there is an
1523 established community or regional commercial center containing a
1524 minimum of ten (10) establishments and fifteen (15) acres of land,
1525 one (1) center identification additional sign not exceeding may be
1526 - - - - -- - -- - ' - - - - - - - _ . -
1527 neither of which shall exceed one hundred fifty (150) square feet of
1528 surface in area shall be permitted at each principal entrance. Such
1529 identification sign shall specify only the name of the center.
1530 _ _ - _ _ • _ _ _ _
1531 _ - - _ •- . -- - - - - - '
1532 - - - - - - - - - - - - =' - -
1533 sign area; (ii) the portion of a sign on which tenant names are
1534 _ _ . _ ' _ . . _ •• __ _ ; -- The top of the face of such
1535 sign does shall not exceed eight (8) feet in height and the top of
1536 any decorative cap on such sign does shall not exceed ten (10) feet
1537 in height. ; (iv) such Such sign does shall not exceed twelve (12)
1538 feet in width and (v)the face of such sign is shall be surrounded by
1539 a minimum of six (6) inches of framework constructed of a material
1540 matching in color and texture the primary exterior building material
1541 of the principal structure in the center.
1542
1543 (3) Signs advertising located on property for sale, lease or rent shall be
1544 permitted; provided, that no such sign shall exceed thirty-two (32)
1545 square feet in area, that not more than two (2) such signs shall be
1546 erected for each one hundred (100) feet of lot line at adjoining the
1547 street , and that not more than four (4) such signs shall
1548 be erected on any property. Any property having less frontage or lot
1549 line adjoining a street may have one (1) sign not exceeding thirty-
1550 two (32) square feet of surface area.
1551
1552 (4) Beacon lights or search lights may be permitted for advertising
1553 purposes for special events.
40
1554 (5) To facilitate occupancy in a community commercial center
1555 containing a minimum of fifteen (15) and acres of land, one (1)
1556 temporary sign may be erected not to exceed .. e - -- , - - • -
1557 one of which shall exceed one hundred fifty (150) square feet of
1558 surface in area shall be permitted. In a regional commercial center
1559 containing a minimum of thirty (30) acres of land, one (1) temporary
1560 sign mbo,�ereoted not to - --- = - - • - - - -
1561 shall exceed two hundred (200) square feet of surface in area shall
1562 be permitted. Signs shall be removed when seventy (70) percent of
1563 the property is occupied or leased, or after a period of twenty-four
1564 (24) months from the date a certificate of occupancy is issued,
1565 whichever comes first.
1566
1567 (c) In the B-3 Central Business District, the following regulations shall apply:
1568
1569 (1) For each forty (40) feet of frontage and for each eighty (80) feet of
1570 lot line adjoining a street, but not constituting frontage, not more
1571 than one (1) sign and not more than sixty (60) square feet of
1572 surface area of signage shall be permitted; provided, however, that
1573 no establishment shall have more than three (3) signs of which one
1574 (1) may be a freestanding sign; and provided further that no
1575 establishment having a frontage of less than one hundred (100)
1576 feet shall have a freestanding sign. No establishment having a
1577 frontage of at least one hundred (100) feet but less than or equal to
1578 two hundred (200) feet shall have a freestanding sign exceeding
1579 thirty-two (32) square feet of surface in area per face, and no
1580 establishment having a frontage of more than two hundred (200)
1581 feet shall have a freestanding sign exceeding seventy-five (75)
1582 square feet of surface in area per face. No freestanding sign shall
1583 - - - - - -- , —- -e sign of any other type shall exceed
1584 one hundred fifty (150) square feet of surface in area. Any
1585 establishment or property having less frontage or lot line adjoining a
1586 street than required above may have one (1) sign not exceeding
1587 forty (40) square feet in area.
1588
1589 (2) Where there is an established neighborhood commercial center
1590 containing five (5) or more establishments and a minimum of forty
1591 thousand (40,000) square feet of land area, one (1) center
1592 identifioation additional sign for each principal entrance not
41
•
1593 exceeding e -- - - • - - - - - - - one hundred
1594 (100) square feet of surface in area per face shall be permitted at
1595 each principal entrance. Where there is an established community
1596 or regional commercial center containing ten (10) or more
1597 establishments and a minimum of fifteen (15) acres of land, one (1)
1598 center identification additional sign for each principal entrance not
1599 exceeding .. e - - • - - - - . - . - - - one hundred
1600 fifty (150) square feet of surface in area per face shall be permitted
1601 at each principal entrance. Such identification sign shall specify
1602 _ _ • - _ -- - . - - - - - - . .
1603 the names of tenants as well as the name of the center if (i) the
1604 portion of a sign on which tenant names are displayed does not
1605 - - - • se - - • - •- - . .e . . .. - - -- - -1606 sign on which tenant names are displayed is of a uniform color; (iii)
1607 the The top of the face of such sign does shall not exceed eight (8)
1608 feet in height and the top of any decorative cap on such sign does
1609 shall not exceed ten (10) feet in height. ; (iv) such Such sign does
1610 shall not exceed twelve (12) feet in width and (v) the face of such
1611 sign is shall be surrounded by a minimum of six (6) inches of
1612 framework constructed of a material matching in color and texture
1613 the primary exterior building material of the principal structure in the
1614 center.
1615
1616 (3) Signs located on property for sale, lease or rent shall be permitted,
1617 provided that no such sign shall exceed thirty-two (32) square feet
1618 in area, that not more than two (2) such signs shall be erected for
1619 each one hundred (100) feet of lot line at adjoining the street right-
1620 of-way, and that not more than four (4) such signs shall be erected
1621 on any property. Any property having less frontage or lot line
1622 adjoining a street may have one (1) sign not exceeding thirty-two
1623 (32) square feet of surface area.
1624
1625 (d) Within the B-4C Central Business Mixed Use District, signs shall be
1626 permitted as follows:
1627
1628 (1) For each foot of occupancy frontage,. an establishment shall have
1629 no more than sixty one hundredths (.60) six-tenths (0.6) of one (1)
1630 square feet foot of sign area. No single establishment shall have
1631 more than four (4) signs, nor or more than two (2) signs per building
42
1632 facade, and no individual sign shall exceed sixty (60) square feet in
1633 surface area. Any establishment having less than forty (40) feet of
1634 occupancy frontage may have one (1) sign not exceeding twenty-
1635 four (24) square feet in area. No such sign shall be allowed above
1636 the second story of any building.
1637
1638 (2) A One additional sign identifying the at each street-level entrance to
1639 upper-floor residential dwelling units shall be permitted; provided,
1640 that no such sign shall exceed eight (8) square feet of surface in
1641 area, - - - - - - -- - - - - •• - e - - - -
1642 street level at each principal entrance.
1643
1644 (2.5) Commercial buildings, including hotels and motels, of less than five
1645 (5) stories in height shall may have no more than two (2) building
1646 identifisatien signs in addition to other allowed signage, and
1647 provided that no such sign shall have a surface an area exceeding
1648 one hundred fifty (150) square feet. Such signs shall be mounted
1649 on or above the fourth story of the building, but not above the
1650 roofline of such building, and only one (1) such sign per building
1651 facade shall be allowed. Additi Two (2) additional
1652 building identification signs, not exceeding twenty (20) square feet
1653 each, shall be allowed at street level if the building has a each
1654 street level entrance.
1655
1656 (3) Commercial buildings, including hotels and motels, of five (5)
1657 stories to ten (10) stories shall may have no more than two (2)
1658 signs in addition to other allowed signage,
1659 and provided that no such sign shall have a surface an area
1660 exceeding two hundred (200) square feet. Such signs shall be
1661 mounted on or above the top one-quarter CA) of the building, but
1662 not above the roofline of such building, and only one (1) sign per
1663 building facade shall be allowed. Additi Two (2)
1664 additional signs, not exceeding twenty (20)
1665 square feet each, may be allowed at street level, if the building has
1666 a each street level entrance.
1667
1668 (3.5) Commercial buildings, including hotels and motels, of more than
1669 ten (10) stories in height shall may have no more than two (2)
1670 building identification signs in addition to other allowed signage,
43
1671 and provided that no such sign shall have a surface an area
1672 exceeding three hundred (300) square feet. All signs shall be
1673 mounted on or above the top one-quarter (%) of the building, but
1674 not above the roofline of such building, and only one (1) sign per
1675 building facade shall be allowed. Two (2) building
1676 identifloation additional signs, not exceeding twenty (20) square
1677 feet each, may be allowed at -- - , ' - - - -.'e - each
1678 street level entrance.
1679
1680 (3.7) Major Tenant Sign Option. For each foot of building footage, a
1681 major tenant may have a maximum of one and two-tenths (1.2)
1682 square feet of sign area, provided that pedestrian scale features
1683 and amenities such as outdoor cafe seating, planters, kiosk areas,
1684 fountains, display windows or sculptures are provided on the
1685 facade or adjacent thereto. No major tenant shall have a total of
1686 more than four (4) signs, nor or more than two (2) signs per building
1687 facade.
1688
1689 (4) All freestanding signs shall be approved subject to approval by the
1690 city council, as consistent with the general purpose and intent of the
1691 design provisions presented in the July, 1991, November 2009
1692 Pembroke Strategic Growth Area 4 Implementation Plan and any
1693 applicable design standards approved by the city council.
1694
1695 (5) Signs on building awnings shall not be included in determining the
1696 number of building signs permitted, or in determining permissible
1697 sign area, if they meet the following criteria:
1698
1699 a. Such signs are uniform in font, color, size and style;
1700 b. Only the name of the establishment appears on the awning;
1701 E b. There is only one (1) sign per awning; and
1702 c. Such signs are no larger than two (2) square feet.
1703
1704 (6) Public or private parking structures and parking garages may have
1705 one (1) sign per vehicle entrance and two (2) additional signs. Such
1706 signs shall have no more be no greater in area than seventy-five
1707 (75) square feet of surface area and shall identify the building on
1708 which they arc located as a parking structure or parking garage.
1709
44
1710 (7) As used in this section:
1711
1712 a. "Occupancy frontage" means the exterior length of that
1713 - •---
•
1714 - - - - - • - - - - - - - - -- ;
1715 b. "Building identification sign" means a sign which displays
1716 only the name of the building on which it is located;
1717 c. "Major tenant" means the space in a building occupied by a
1718 single establishment with a building wall height of at I act thirty five
1719
1720 least eighty (80)feet of building frontage; and
1721 d. "Building frontage" means the exterior length of that portion
1722
1723
1724 (e) Within the B-4 Mixed Use District, the sign regulations shall apply signs
1725 shall be permitted as follows:
1726
1727 (1) For hotels and motels - - - - - - - --
1728
1729 a. For each twenty (20) feet of frontage and for each forty (40)
1730 feet of lot line adjoining a street, but not constituting
1731 frontage, not more than one (1) sign and not more than forty
1732 (40) square feet of surface area of signage shall be
1733 permitted; provided, however, that no establishment shall
1734 have more than four (4) signs, of which one (1) may be a
1735 freestanding sign; and provided further that no establishment
1736 having a frontage of less than one hundred (100) feet shall
1737 have a freestanding sign. No establishment having a
1738 frontage of at least one hundred (100) feet but less than or
1739 equal to two hundred (200) feet shall have a freestanding
1740 sign exceeding thirty-two (32) square feet of surface in area
1741 per face, and no establishment having a frontage of more
1742 than two hundred (200) feet shall have a freestanding sign
1743 exceeding seventy-five (75) square feet of surface in area
1744 per face. No freestanding sign shall exceed two (2) faces,
1745 and no sign of any other type shall exceed one hundred fifty
1746 (150) square feet of surface in area. Any establishment or
1747 property having less frontage or lot line adjoining a street
45
1748 than required above may have one (1) sign not exceeding
1749 thirty (30) square feet of surface in area.
1750
1751 (2) For all other uses and structures, the following sign regulations
1752 shall apply:
1753
1754 a. No sign located on or in any window or located behind any
1755 window in such a manner as to attract the attention of
1756 persons outside the establishment, shall have a surface an
1757 area greater than twenty (20) percent of the surface area of
1758 such window, not to exceed sixteen (16) square feet.
1759
1760 b. Signs containing or consisting of graphic or pictorial
1761 representations shall be permitted; provided, however, that
1762 the combined surface area occupied by such graphic or
1763 pictorial representations shall not be more than twenty (20)
1764 percent of the total sign allotment of an establishment or four
1765 (4) square feet, whichever is less.
1766
1767 c. For each forty (40) feet of frontage and for each eighty (80)
1768 feet of lot line adjoining a street, but not constituting
1769 frontage, not more than one (1) sign and not more than a
1770 total of sixteen (16) square feet of surface area of signage
1771 shall be permitted; provided, however, that no establishment
1772 shall have more than two (2) signs, of which one (1) may be
1773 a freestanding sign; and provided further that no
1774 establishment having a frontage of less than one hundred
1775 (100) feet shall have a freestanding sign. No freestanding
1776 sign shall exceed two (2) faces, neither of which shall
1777 exceed thirty-two (32) square feet of surface in area per
1778 face, and no sign of any other type shall exceed seventy-five
1779 (75) square feet of surface in area. Any establishment
1780 having less frontage or lot line adjoining a street than is
1781 required hereinabove may have one (1) sign not exceeding
1782 sixteen (16) square feet of surface in area.
1783
1784 d. Sign regulations pertaining to multiple-family dwellings shall
1785 be the same as those applying in the Apartment Districts.
1786
46
1787 e. Where there is an established neighborhood commercial
1788 center containing at least five (5) establishments and at least
1789 forty thousand (40,000) square feet of land area, there shall
1790 be not more than one (1) center identification additional sign
1791 far shall be allowed at each principal entrance. No such sign
1792 shall have more than two (2) faces, neither of which shall
1793 exceed thirty-two (32) square feet of surface in area per
1794 face. No such sign shall . - _ - e - ,
1795 neither of which shall exceed thirty-two (32) square feet of
1796 surface in area per face. Such identification sign shall
1797 _ _' . _ • - _ -• - . - - - -
1798
1799 center if (i) the portion of a sign on which tenant names arc
1800 -• - - e - - - - - - • ,! _ _ _ •
_
1801 area; (ii) the portion of a sign on which tenant names arc
1802 _ _ ' _ . _ _ •• _ _ ; - - The top of the face of
1803 such sign does shall not exceed eight (8) feet in height and
1804 the top of any decorative cap on such sign does shall not
1805 exceed ten (10) feet in height. ; (iv) such Such sign does
1806 shall not exceed twelve (12) feet in width and (v) the face of
1807 such sign is shall be surrounded by a minimum of six (6)
1808 inches of framework constructed of a material matching in
1809 color and texture the primary exterior building material of the
1810 principal structure in the center.
1811
1812 f. Signs advertising located on property for sale, lease or rent
1813 shall be permitted; provided, however, that no such sign
1814 shall exceed sixteen (16) square feet in surface area. Not
1815 more than two (2) such signs shall be permitted for any
1816 property having more than one hundred (100) feet of lot line
1817 at adjoining the street , and any property having
1818 less than one hundred (100) feet of such lot line shall have
1819 no more than one (1) sign not exceeding sixteen (16) square
1820 feet of surface in area.
1821
1822 g. Beacon lights or search lights may be permitted for purposes
1823 of advertisement of special events for a period not in excess
1824 of forty-eight (48) hours.
1825
47
1826 h. To facilitate occupancy in a new neighborhood commercial
1827 center containing at least forty thousand (40,000) square
1828 feet of land area, there shall be not more than one (1)
1829 temporary sign, which shall not to exceed thirty-two (32)
1830 square feet of surface in area, shall be allowed. Such sign
1831 shall be removed when seventy (70) percent of the property
1832 is occupied or leased, or after a period of twenty-four (24)
1833 months from the date a certificate of occupancy is issued,
1834 whichever event first occurs.
1835
1836 (f) Within the B-4K Historic Kempsville Area Mixed Use District, signs shall
1837 be permitted as follows:
1838
1839 (1) For each foot of occupancy frontage an establishment shall have
1840 no more than sixty one hundredths (0.60) six-tenths (0.6) of one
1841 square feet foot of sign area. No single establishment shall have
1842 more than four (4) signs, nor more than two (2) signs per building
1843 facade, and no individual sign shall exceed sixty (60) square feet in
1844 surface area. Any establishment having less than forty (40) feet of
1845 occupancy frontage may have one (1) sign not exceeding twenty-
1846 four (24) square feet. No such sign shall be allowed above the
1847 second story of any building.
1848
1849 (2) A One additional sign identifying the at each street-level entrance to
1850 upper-floor residential dwelling units shall be permitted; provided,
1851 that no such sign shall exceed eight (8) square feet of surface in
1852 area, . - - -- - - - - - - •• - - - - - -
1853 street level at ach principal entrance.
1854
1855 (3) Commercial buildings of at least three stories in height shall may
1856 have no more than a maximum of two (2) building identification
1857 additional signs, and no sign shall havc a surface neither of which
1858 shall be greater in area exceeding than one hundred fifty (150)
1859 square feet. Such signs shall be mounted on or above the third
1860 story of the building, but not above the roofline of such building, and
1861 only one (1) sign per building facade shall be allowed. Additionally,
1862 two (2) signs, not exceeding twenty (20)
1863 square feet each, shall be allowed at street level if the building has
1864 a street level entrance.
48
1865
1866 (4) Major Tenant Sign Option. For each foot of building footage, a
1867 major tenant may have a maximum of one and two-tenths (1.2)
1868 square feet of sign area, provided that pedestrian scale features
1869 and amenities such as outdoor cafe seating, planters, kiosk areas,
1870 fountains, display windows or sculptures are provided on the
1871 facade or adjacent thereto. No major tenant shall have a total of
1872 more than four (4) signs, nor more than two (2) signs per building
1873 facade.
1874
1875 (5) All freestanding signs shall be subject to approval approved by the
1876 City Council, as consistent with the general purpose and intent of
1877 the design provisions presented in the Historic Kempsville Area
1878 Master Plan and any applicable design standards approved by the
1879 City Council.
1880
1881 (6) Signs on building awnings shall not be included in determining the
1882 number of building signs permitted, or in determining permissible
1883 sign area, if they meet the following criteria:
1884 a. Such signs are uniform in font, color, size and style;
1885 e. e - _ •_ _ -_ - _ _ - - - - - -
1886 e b. There is only one (1) sign per awning; and
1887 d c. Such signs are no larger than two (2) square feet.
1888
1889 (7) Public or private parking structures and parking garages may have
1890 one (1) sign per vehicle entrance and two (2) additional signs. No
1891 Such such signs shall have no more be greater than seventy-five
1892 (75) square feet of surface in area and shall identify the building on
1893 which they arc located as a parking structure or parking garage.
1894
1895 (8) As used in this section:
1896 a. "Occupancy frontage" means the exterior length of that
1897 portion of a building occupicd exclusively by a single
1898 - . . ' - •• -- - - - - - - - - _ -
1899 b. "Building identification sign" means a sign which displays
1900 only the name of the building on which it is located;
1901 c. "Major tenant" means the space in a building occupied by a
1902 _ - - _ _ ' - •- - - -- - - - " - - -
49
1903 - - -- -- _ - - - -- - -- -
1904 .5 - -•- e - - - _ :! -- - e-• e - - .e-;
1905 d. "Building frontage" means the exterior length of that portion
1906
1907 [RESERVED].
1908
1909 (9) For all other uses and structures, the following sign regulations
1910 shall apply:
1911 a. No sign located on or in any window or located behind any
1912 window in such a manner as to attract the attention of
1913 persons outside the establishment, shall have a surface an
1914 area greater than twenty (20) percent of the surface area of
1915 such window, not to exceed sixteen (16) square feet.
1916
1917 b. Signs containing or consisting of graphic or pictorial
1918 representations shall be permitted; provided, however, that
1919 the combined surface area occupied by such graphic or
1920 pictorial representations shall not be more than twenty (20)
1921 percent of the total sign allotment of an establishment or four
1922 (4) square feet, whichever is less.
1923
1924 c. For each forty (40) feet of frontage and for each eighty (80)
1925 feet of lot line adjoining a street, but not constituting
1926 frontage, not more than one (1) sign and not more than a
1927 total of sixteen (16) square feet of surface area of signage
1928 shall be permitted; provided, however, that no establishment
1929 shall have more than two (2) signs of which one (1) may be
1930 a freestanding sign; and provided further that no
1931 establishment having a frontage of less than one hundred
1932 (100) feet shall have a freestanding sign. No freestanding
1933 sign shall exceed two (2) faces, neither of which shall
1934 exceed thirty-two (32) square feet of surface in area per
1935 face, and no sign of any other type shall exceed seventy-five
1936 (75) square feet of surface in area. Any establishment
1937 having less frontage or lot line adjoining a street than is
1938 required hereinabove may have one (1) sign not exceeding
1939 sixteen (16) square feet of curfacc in area.
1940
50
1941 d. Sign regulations pertaining to multiple-family dwellings shall
1942 be the same as those applying in the Apartment Districts.
1943
1944 e. Where there is an established neighborhood commercial
1945 center containing at least five (5) establishments and at least
1946 forty thousand (40,000) square feet of land area, there shall
1947 be not more than one (1) center identification additional sign
1948 for shall be allowed at each principal entrance. No such sign
1949 shall have more than two (2) faces, neither of which shall
1950 exceed thirty-two (32) square feet of surface in area per
1951 face. - - - - . . .-- - •e - - - . - . - -
1952 the center. Alternatively, such signs may display the names
1953 _ - _ _ • - _ - - _ - - --1954 of a sign on which tenant names are displayed does not
1955 exceed sixty (60) percent of the total sign ar a; (ii) the
1956 -- - - - - - - - - _ • - - - - - - -1957 uniform color; (iii) the The top of the face of such sign does
1958 shall not exceed eight (8) feet in height and the top of any
1959 decorative cap on such sign does shall not exceed ten (10)
1960 feet in height. ; (iv) such Such sign does shall not exceed
1961 twelve (12) feet in width; and (v) the face of such sign is shall
1962 be surrounded by a minimum of six (6) inches of framework
1963 constructed of a material matching in color and texture the
1964 primary exterior building material of the principal structure in
1965 the center.
1966
1967 f. Signs advertising located on property for sale, lease or rent
1968 shall be permitted; provided, however, that no such sign
1969 shall exceed sixteen (16) square feet in surface area. Net
1970 more than A maximum of two (2) such signs shall be
1971 permitted for any property having more than one hundred
1972 (100) feet of lot line at adjoining the street , and
1973 any property having less than one hundred (100) feet of
1974 such lot line shall have no more than one (1) sign not
1975 exceeding sixteen (16) square feet of surface in area.
1976
1977 g. Beacon lights or search lights may be permitted for purposes
1978 of advertisement of special events for a period not in excess
1979 of forty-eight (48) hours.
51
1980
1981 h. To facilitate occupancy in a new neighborhood commercial
1982 center containing at least forty thousand (40,000) square
1983 feet of land area, there shall be not more than one (1)
1984 temporary sign, which shall not to exceed thirty-two (32)
1985 square feet of surface in area, shall be allowed. Such sign
1986 shall be removed when seventy (70) percent of the property
1987 is occupied or leased, or after a period of twenty-four (24)
1988 months from the date a certificate of occupancy is issued,
1989 whichever event first occurs.
1990
1991 (g) The provisions of this section shall be deemed to be severable, and if any
1992 e -- - - - . e .ee - - - - e - - - - - • _
1993 this section shall remain in full force and effect and its validity shall remain unimpaired.
1994
1995 COMMENT
1996
1997 The substantive amendments are the same ones regarding content-based descriptors, such
1998 as "identification" signs, signs "advertising property for sale, lease or rent, etc., described in
1999 previous comments. In addition, the severability provision in subsection (g) has been deleted, as a
2000 similar provision in Section 113 applies to the entire City Zoning Ordinance, thus rendering
2001 subsection (g) superfluous, and the definitions contained in subdivisions (d)(7) and (f)(8) have been
2002 moved to the definitions section of the ordinance.
2003
2004 The regulations applying to shopping center identification signs have also been changed to
2005 delete the limitation that only the name of the center may be displayed and to make certain features
2006 mandatory,rather than optional.
2007
2008
2009 ARTICLE 10. INDUSTRIAL DISTRICTS
2010 . . . .
2011 Sec. 1001. Use regulations.
2012 . . . .
2013
2014 (b) Accessory uses and structures. Uses and structures which are customarily
2015 accessory and clearly incidental and subordinate to the principal uses and structures,
2016 including, but not limited to:
2017
2018 (1) An accessory activity operated for profit in a residential dwelling
2019 unit where there is no change in the outside appearance of the
52
2020 building or premises or any visible or audible evidence detectable
2021 from outside the building lot, either permanently or intermittently, of
2022 the conduct of such business except for one non-illuminated
2023 identification sign not more than one square foot in area mounted
2024 flat against the residence; where no traffic is generated, including
2025 traffic by commercial delivery vehicles, by such activity in greater
2026 volumes than would normally be expected in the neighborhood, and
2027 any need for parking generated by the conduct of such activity is
2028 met off the street and other than in a required front yard; where the
2029 activity is conducted on the premises which is the bona fide
2030 residence of the principal practitioner, and no person other than
2031 members of the immediate family occupying such dwelling unit is
2032 employed in the activity; where such activity is conducted only in
2033 the principal structure on the lot; where there are no sales to the
2034 general public of products or merchandise from the home; and
2035 where the activity is specifically designed or conducted to permit no
2036 more than one patron, customer, or pupil to be present on the
2037 premises at any one time. The following are specifically prohibited
2038 as accessory activities: Convalescent or nursing homes, bars or
2039 nightclubs, tourist homes, massage or tattoo parlors, radio or
2040 television repair shops, auto repair shops, or similar
2041 establishments.
2042
2043 COMMENT
2044 The descriptor"identification" sign has been deleted,as it has in the corresponding sections
2045 of other zoning districts.
2046 . . . .
2047
2048 Sec. 1005. Sign regulations.
2049
2050 In the I-1 and 1-2 Industrial Districts, signs shall be permitted as follows:
2051
2052 (a) For each forty (40) feet of frontage and for each eighty (80) feet of lot line
2053 adjoining a street, but not constituting frontage, not more than one (1) sign and not more
2054 than sixty (60) square feet of surface area of signage shall be permitted; provided,
2055 however, that no establishment shall have more than three (3) signs,. of which one (1)
2056 may be a freestanding sign; and provided further, that no establishment having a
2057 frontage less than of one hundred (100) feet or Icd' shall have a freestanding sign. No
2058 establishment having a frontage at least one hundred (100) feet but less than or equal
53
2059 to two hundred (200) feet shall have a freestanding sign exceeding thirty-two (32)
2060 square feet of surface in area per face, and no establishment having a frontage of more
2061 than two hundred (200) feet shall have a freestanding sign exceeding seventy-five (75)
2062 square feet of surface in area per face. No freestanding sign shall exceed two (2)
2063 faces, neither of which shall exceed thirty-two (32) square feet of surface in area per
2064 face, and no sign of any other type shall exceed seventy-five (75) square feet of surface
2065 in area. Any establishment having less frontage or lot line adjoining a street than is
2066 required hereinabove may have one (1) sign not exceeding sixteen (16) square feet of
2067 surface in area.
2068
2069 (b) Where there is an established industrial park containing three (3) or more
2070 establishments and a minimum of ten (10) acres of land area, one (1) n
2071 additional sign not exceeding one hundred fifty (150) square feet per face in area shall
2072 be permitted for at each principal entrance or frontage not exceeding two (2) faces,
2073 neither of which shall exceed one hundred fifty (150) square feet of surface area Where
2074 there is a major established an industrial park containing three (3) or more
2075 establishments and a minimum of thirty (30) acres of land area, one (1) park
2076 identification additional sign not exceeding e
2077 two hundred (200) square feet in area per face shall be permitted. Such identification
2078 sign shall specify only the name and address of the park, and the names of individual
2079 tenants occupying such parks.
2080
2081 (c) Beacon lights or search lights may be permitted for advertising purposes
2082 for special events.
2083
2084 (d) Signs advertisinglocated on property for sale, lease or rent, shall be
2085 permitted, provided that no such sign shall exceed thirty-two (32) square feet in area,
2086 that not more than two (2) such signs shall be erected for each one hundred (100) feet
2087 of lot line at adjoining the street right-of-way, and that not more than four (4) such signs
2088 shall be erected on any property. Any property having less frontage or lot line adjoining
2089 a street may have one (1) sign not exceeding thirty-two (32) square feet of surface in
2090 area.
2091
2092 (e) To facilitate occupancy in new industrial parks, a temporary sign may be
2093 erected at each principal entrance to facilitate occupancy. In an industrial park
2094 containing a minimum of ten (10) acres of land area, one (1) such sign at ach principal
2095 entrance no greater in area than one hundred fifty (150) square feet may be erected net
2096 to exceed two (2) faces at each principal entrance, neither of which shall exceed one
2097 hundred fifty (150) square feet of surface area. In a new major industrial park containing
54
2098 a minimum of thirty (30) acres of land area, one (1) such sign no greater in area than
2099 two hundred (200) square feet may be erected at each principal entrance may be
2100 - - - e - - - _ _ . _ - - • - _ _ _ - - - - - - ..
2101 square feet. Signs must Such signs shall be removed when seventy (70) percent of the
2102 property is occupied or leased, or after a period of twenty-four (24) months from the
2103 date a certificate of occupancy is issued, whichever comes first.
2104
2105 COMMENT
2106
2107 The amendments to this section are similar in nature to the recurring section amendments
2108 concerning "identification" signs, signs "advertising property for sale, lease or rent," etc. Other
2109 changes are stylistic and have no substantive effect.
2110
2111
2112
2113 ARTICLE 15. RESORT TOURIST DISTRICTS
2114
2115 A. RT-1 RESORT TOURIST DISTRICT.
2116 . . . .
2117 Sec. 1503. Sign regulations.
2118
2119 (a) Within the RT-1 Resort Tourist District, sign regulations pertaining to
2120 hotels and motels shall be as follows:
2121
2122 (1) For each twenty (20) feet of frontage and for each forty (40) feet of
2123 lot line adjoining a street, but not constituting frontage, not more
2124 than one (1) sign and not more than forty (40) square feet of
2125 surface area of signage shall be permitted; provided, however, that
2126 no establishment shall have more than four (4) signs of which one
2127 (1) may be a freestanding sign; and provided further, that no
2128 establishment having a frontage of less than one hundred (100)
2129 feet shall have a freestanding sign. No establishment having a
2130 frontage of at least one hundred (100) feet but less than or equal to
2131 two hundred (200) feet shall have a freestanding sign exceeding
2132 thirty-two (32) square feet of surface in area per face, and no
2133 establishment having a frontage of more than two hundred (200)
2134 feet shall have a freestanding sign exceeding seventy-five (75)
2135 square feet of surface in area per face. No freestanding sign shall
2136 exceed two (2) faces, and no sign of any other type shall exceed
55
2137 one hundred fifty (150) square feet of surface in area. Any
2138 establishment or property having less frontage or lot line adjoining a
2139 street than required above may have one (1) sign not exceeding
2140 thirty (30) square feet of surface in area.
2141
2142 (b) Within the RT-1 Resort Tourist District, sign regulations pertaining to
2143 multiple-family dwellings, parks, playgrounds, community centers, botanical and
2144 zoological gardens and other public buildings and uses shall be as specified in the most
2145 restrictive district where the use is first permitted as a principal use.
2146
2147 (c) Identification signs Signage for boardwalk cafes permitted as part of a city
2148 council approved franchise agreement shall not be counted against the sign allowance
2149 specified elsewhere in this section.
2150
2151 (d) Identification signs Signage for bicycle rental establishments, as permitted
2152 in section 1501(a)(4), shall not be counted against the sign allowance specified
2153 elsewhere in this section.
2154
2155 (e) Sign regulations pertaining to all other uses and structures shall be as
2156 specified in the RT 2 Resort Tourist District for the building type in the SH-2 Shopping 2
2157 frontage within the OR Oceanfront Resort District. Where the building is not of a type
2158 identified in the sign regulations applicable in the SH-2 Shopping 2 frontage, the
2159 applicable regulations shall be those pertaining to the building type determined by the
2160 zoning administrator to most closely resemble such building.
2161
2162 COMMENT
2163
2164 The substantive amendments to this section are similar in nature to the recurring section
2165 amendments concerning "identification" signs, etc. In addition subsection (e) makes new
2166 provisions for uses other than ones specifically mentioned, inasmuch as the RT-2 Resort ZTourist
2167 District no longer exists.
2168 . . . .
2169
2170 C. RT-3 RESORT TOURIST DISTRICT
2171 . . . .
2172
2173 Sec. 1521. Use regulations.
2174 . . . .
56
2175 (b) Accessory uses and structures: Uses and structures which are customarily
2176 accessory and clearly incidental and subordinate to the principal uses and structures;
2177 provided, however, that drive-through facilities shall not be permitted as an accessory
2178 use:
2179 (1) An accessory activity operated for profit in a residential dwelling
2180 unit where there is no change in the outside appearance of the
2181 building or premises or any visible or audible evidence detectable
2182 from outside the building lot, either permanently or intermittently, of
2183 the conduct of such business except for one (1) nonilluminated
2184 identification sign not more than one (1) square foot in area
2185 mounted flat again against the residence; where no traffic is
2186 generated, including traffic by commercial delivery vehicles, by
2187 such activity in greater volumes than would normally be expected in
2188 the neighborhood, and any need for parking generated by the
2189 conduct of such activity is met off the street and other than in a
2190 required front yard; where the activity is conducted on the premises
2191 which is the bona fide residence of the principal practitioner, and no
2192 person other than members of the immediate family occupying
2193 such dwelling unit is employed in the activity; where such activity is
2194 conducted only in the principal structure on the lot; where there are
2195 no sales to the general public of products or merchandise from the
2196 home; and where the activity is specifically designed or conducted
2197 to permit no more than one (1) patron, customer, or pupil to be
2198 present on the premises at any one time. The following are
2199 specifically prohibited as accessory activities: Convalescent or
2200 nursing homes, bars or nightclubs, tourist homes, massage or
2201 tattoo parlors, body piercing establishments, radio or television
2202 repair shops, auto repair shops, or similar establishments.
2203
2204 COMMENT
2205
2206 The substantive amendments to this section are the same as the recurring section
2207 amendments concerning"identification"signs.
2208
2209
2210
2211 D. RT-4 RESORT TOURIST DISTRICT
2212 . . . .
2213
57
2214 Sec. 1531. Use regulations.
2215 . . . .
2216
2217 (b) Accessory uses and structures: Uses and structures which are customarily
2218 accessory and clearly incidental and subordinate to the principal uses and structures:
2219
2220 (1) An accessory activity operated for profit in a residential dwelling
2221 unit where there is no change in the outside appearance of the
2222 building or premises or any visible or audible evidence detectable
2223 from outside the building lot, either permanently or intermittently, of
2224 the conduct of such business except for one (1) nonilluminated
2225 identifiGatien sign not more than one (1) square foot in area
2226 mounted flat against the residence; where no traffic is generated,
2227 including traffic by commercial delivery vehicles, by such activity in
2228 greater volumes than would normally be expected in the
2229 neighborhood, and any need for parking generated by the conduct
2230 of such activity is met off the street and other than in a required
2231 front yard; where the activity is conducted on the premises which is
2232 the bona fide residence of the principal practitioner, and no person
2233 other than members of the immediate family occupying such
2234 dwelling unit is employed in the activity; where such activity is
2235 conducted only in the principal structure on the lot; where there are
2236 no sales to the general public of products or merchandise from the
2237 home; and where the activity is specifically designed or conducted
2238 to permit no more than one (1) patron, customer, or pupil to be
2239 present on the premises at any one time. The following are
2240 specifically prohibited as accessory activities: Convalescent or
2241 nursing homes, tourist homes, massage or tattoo parlors, body
2242 piercing establishments, radio or television repair shops, auto repair
2243 shops, or similar establishments.
2244
2245 COMMENT
2246 The descriptor"identification" sign has been deleted,as it has in the corresponding sections
2247 of other zoning districts.
2248 . . . .
2249
2250 Sec. 1533. Sign regulations.
2251
2252 (a) In the RT-4 Resort Tourist District, signs shall be permitted as follows:
58
2253
2254 (1) For each forty (40) feet of principal frontage adjacent to a street and
2255 for each eighty (80) feet of lot line adjoining a street, but not
2256 constituting frontage, not more than one (1) sign and not more than
2257 thirty-two (32) square feet of surface in area shall be permitted;
2258 provided, however, that no establishment may have more than
2259 three (3) signs,. of which one (1) may be a freestanding sign. No
2260 freestanding sign shall exceed two (2) faces, neither of which shall
2261 exceed seventy-five (75) square feet of surface in area per face,
2262 and no sign of any other type shall exceed one hundred fifty (150)
2263 square feet of surface in area. Any establishment or property
2264 having less frontage or lot line adjoining a street than required
2265 above may have one (1) sign not exceeding thirty-two (32) square
2266 feet in area.
2267
2268 (2) In connection with For multiple-family dwellings, the sign
2269 regulations applicable to the A-12 Apartment District shall apply.
2270
2271 (3) For single-family and duplex dwellings, the sign
2272 regulations applicable to residential districts shall apply.
2273
2274 (4) Signs advertising located on property for sale, lease or rent shall be
2275 permitted, provided that no such sign shall exceed thirty-two (32)
2276 square feet in area, that not more than two (2) such signs shall be
2277 erected for each one hundred (100) feet of lot line at adioininq the
2278 street , and that not more than four (4) such signs shall
2279 be erected on any property. Any property having less frontage or lot
2280 line adjoining a street may have one (1) sign not exceeding sixteen
2281 (16) square feet of surface in area.
2282
2283 (b) All other uses shall be subject to the have sign regulations as specified in
2284 of the most restrictive district where in which the use is first permitted as a principal use.
2285
2286 COMMENT
2287
2288 The amendments are the same as those pertaining to content-based regulations described in
2289 prior comments. In addition, the amendments to subsection (b) clarify which sign regulations
2290 apply to uses not specifically mentioned in the section.
2291
59
2292
2293
2294 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT
2295 . . . .
2296
2297 C. SIGN REGULATIONS
2298 . . . .
2299
2300 Sec 2210. Regulations applicable to all signage.
2301
2302 The following regulations shall apply to all signage within the Central Business
2303 Core District. All signage shall comply with the provisions of Article 2, Part B of the City
2304 Zoning Ordinance, except as otherwise expressly provided in this section. Definitions of
2305 sign types shall be as set forth in Section 210.2. In the event of a conflict between the
2306 provisions of this section and any other provision of the City Zoning Ordinance, the
2307 provisions of this section shall apply.
2308
2309 (a) Permitted sign types. The following sign types shall be permitted within the
2310 Central Business Core District:
2311
2312 (1) Awning signs shall be limited to one (1) sign per awning and shall
2313 not exceed a maximum of two (2) square feet in area. Awning signs
2314 conforming to the Central Business District Design Guidelines shall
2315 not be included in determining the allowable signage of any
2316 establishment pursuant to subsection (b).
2317
2318 (2) Banner signs other than those allowed in connection with major
2319 entertainment venues shall be affixed only to a vertical facade of
2320 the building and not on, or extending above, the roof. No banner
2321 sign shall exceed eight (8) square feet in area or be higher than
2322 fifteen (15) feet above street level directly below such sign. The
2323 longer dimension of the sign shall be no less than two times the
2324 shorter dimension. One (1) such sign shall be allowed for every
2325 twenty-five (25) linear feet of frontage of the building to which they
2326 are affixed.
2327
2328 (3) =- - - - - . .-- - - - -- _ . _ -_ - -- . _ -
2329 (3/) of the distance from ground level to the top of the building, but
2330 no higher than the roofline. Commercial buildings shall have a
60
23312332 exceed the ar a set forth below. Additionally, two (2) building
2333
2334 may be allowed at street level. [RESERVED]
2335
2336 (4) Changeable copy signs shall only be allowed for purposes of
23372338 similar performances or events as part of a marquee sign, where
2339 the changeable copy portion of such signs is not greater than forty
2340 percent (40%) of the total area of the marquee sign or twenty
2341 percent (20%) of the total sign area allowance of an establishment,
2342 whichever is less. Skewed or missing lettering shall be promptly
2343 replaced.
2344
2345 (5) Electronic display signs, rope lighting, low-voltage strip lighting or
2346 strings of lights shall be allowed only for major entertainment
2347 venues and shall require the approval of the City Council.
2348
2349 (6) Freestanding signs shall be monument-style only and shall be
2350 allowed only by special exception for Alternative Compliance and
2351 only if the City Council determines that such signs conform to the
2352 applicable Central Business Core District Design Guidelines.
2353
2354 (7) Hanging signs shall have a maximum of two (2) faces, which shall
2355 be parallel to each other, and shall not exceed six (6) square feet
2356 per face in sign area. In addition, no business establishment shall
2357 have more than one (1) hanging sign, and no business
2358 establishment having a hanging sign shall also have a projecting
2359 sign. No hanging sign shall be internally illuminated or horizontally
2360 project over any public sidewalk by more than three (3) feet.
2361 Hanging signs shall maintain a minimum clearance of eight (8) feet
2362 above ground level. Any hanging sign that projects over a public
2363 sidewalk shall conform to all applicable Central Business Core
2364 District Design Guidelines.
2365
2366 (8) Information board signs shall be placed within a weather-resistant
2367 closed display cabinet no greater than eight (8) square feet in area,
2368 permanently mounted to the building wall. The maximum height of
236961
2370 - - e - - " e - - - • - - - - - - - - •• -- . Information
2371 board signs conforming to the Central Business Core District
2372 Design Guidelines shall not be included in determining the
2373 allowable signage of any establishment pursuant to subsection (b).
2374
2375 (9) Major entertainment venue signs shall be permitted in accordance
2376 with the provisions of Section 218.
2377
2378 (10) Marquee signs shall be allowed only on buildings occupied by
2379 theaters, cinemas, performing arts facilities or similar venues, and
2380 shall have a maximum area of one (1) square foot for each five (5)
2381 linear feet of building façade to which it is attached. The top of the
2382 sign shall be at a height no greater than eighteen (18) feet above
2383 the ground immediately adjacent to the sign, and there shall be a
2384 minimum clearance of nine (9) feet above ground level. In addition,
2385 such signs may contain one (1) changeable copy
2386 information rcgarding movie, theater, music, or other similar
2387 - - - - • , - - - - -- - •• - - - - •• --
2388 total sign allowance so long as such sign does not contain any
2389 other commercial content as permitted by subdivision (4). Marquee
2390 signs may encroach above a public sidewalk by a maximum
2391 horizontal distance of ten (10) feet if such marquee conforms to the
2392 Central Business Core District Design Guidelines.
2393
2394 (11) Public or private parking structures and parking garages may have
2395 one (1) sign per vehicle entrance and two (2) additional signs, all of
2396 which may be project from the building to which they are affixed by
2397 a maximum of four (4) feet. Such signs shall maintain a minimum
2398 clearance of nine (9) feet above ground level. Such signs shall be
2399 no larger than seventy-five (75) square feet in area, contain only
2400
2401 parking structure or garage, and be internally illuminated.
2402
2403 (12) Projecting signs shall have a maximum of two (2) faces, which shall
2404 be parallel to each other, and shall not exceed six (6) square feet
2405 per face in sign area. No projecting sign shall be internally
2406 illuminated or, except for parking garage signs, project more than
2407 three (3) feet from the wall to which it is affixed. Such signs shall
2408 maintain a minimum clearance of nine (9) feet above ground level.
62
i I
2409 No business establishment shall have more than one (1) projecting
2410 sign, and no business establishment having a projecting sign shall
2411 also have a hanging sign. Any projecting sign that projects over a
2412 public sidewalk shall conform to all applicable Central Business
2413 Core District Design Guidelines.
2414
2415 (13) Sandwich board signs shall be made primarily of wood, wood
2416 composite or metal and have a professional finish. Incorporated
2417 inserts must contain a fixed message or be made out of
2418 chalkboard, dry eraser board, or similar material. Such signs shall
2419 be placed no farther than three (3) feet from the façade of the
2420 building in which the business that is the subject of the sign is
2421 located, and a travel width of at least eight (8) feet shall be
2422 maintained on public sidewalks. Such signs shall not be artificially
2423 illuminated or left out overnight. Only one sandwich board sign not
2424 to exceed six square feet per side shall be permitted per business.
2425 No merchandise or other material shall be placed on or hang from
2426 any such sign. Such signs may be carried by a person on a public
2427 sidewalk so long as such sign does not obstruct or impede
2428 pedestrian passage. Sandwich board signs conforming to the
2429 Central Business District Design Guidelines shall not be included in
2430 determining the allowable signage of any establishment pursuant to
2431 subsection (b).
2432
2433 (14) Signs advcrtising located on property for sale, lease or rent shall be
2434 permitted; provided, however that no such sign shall exceed four
2435 (4) square feet in surface area. Not more than two (2) such signs
2436 shall be permitted for any property having more than one hundred
2437 (100) feet of lot line at adjoining the street , and any
2438 property having less than one hundred (100) feet of such lot line
2439 shall have no more than one sign not exceeding sixteen (16) feet of
2440 surface in area.
2441
2442 (15) Table umbrella signs shall be limited to no more than two (2) signs
2443 on each umbrella and no more than two (2) square feet per sign.
2444 Table umbrella signs conforming to the Central Business Core
2445 District Design Guidelines shall not be included in determining the
2446 allowable signage of any establishment pursuant to subsection (b).
63
2447 (16) Wall signs shall not extend above the building wall to which they
2448 are affixed, and no wall sign shall extend more than twelve (12)
2449 inches from the wall to which they are affixed.
2450
2451 (17) Window signs shall not consist of or contain oscillating lights, rope
2452 lighting, low-voltage strip lighting, electronic display signs,
2453 televisions, computer monitors, or backlit or internally illuminated
2454 displays or graphics; provided, however, that holiday lights framing
2455 or placed inside windows shall be allowed for a period of thirty (30)
2456 days prior to and ten (10) days after a holiday for which the display
2457 of such lights is traditional. One (1) non-oscillating neon or similar
2458 type of sign no larger than four (4) square feet in area shall be
2459 permitted in one (1) window of each façade visible from a public
2460 street or sidewalk.
2461
2462 (18) In addition to other siqnaqe allowed by this section, commercial
2463 buildings may have a maximum of two (2) signs not exceeding the
2464 area set forth below. Such signs shall be mounted at least three-
2465 fourths (%) of the distance from ground level to the top of the
2466 building, but no higher than the roofline. Additionally, two (2) signs,
2467 not exceeding twenty (20) square feet each, may be allowed at
2468 street level.
2469
2470 Bldq Height (in feet) Maximum area per sign (in square feet)
2471
2472 Less than 75 75
2473 75 - 99 100
2474 100 -149 125
2475 150 - 199 175
2476 200 - 249 225
2477 250 - 299 275
2478 300 or. more 300
2479
2480 (b) Signage allowances. The regulations set forth in this subsection prescribe
2481 the number of signs, total sign area allowance and other characteristics of signage
2482 within the District. Unless otherwise provided, the allowances apply to each separate
64
2483 business establishment. In the event of a conflict between any of the following
2484 provisions and the provisions of subsection (a), the provisions of this section control
2485 unless stated otherwise.
2486
2487 (1) Mixed-use buildings. Commercial business establishments located
2488 within mixed-use buildings and having direct ingress or egress from
2489 a public street may have a maximum of one (1) square foot of
2490 signage per linear foot of each building wall facing a public street
2491 and occupied by such establishment and a maximum of four (4)
2492 signs. No such sign shall exceed sixty (60) square feet in area and
2493 no single use shall have more than two (2) signs on any building
2494 façade.
2495 In addition, one (1) sign identifying the entrance to upper-floor
2496 residential dwelling units and not exceeding eight (8) square feet
2497 shall be permitted at street level at each principal entrance.
2498
2499 (2) Other buildings. In addition to signs allowed
2500 by Section (a)(-3-) (18), commercial business establishments located
2501 within buildings other than mixed-use buildings and having direct
2502 ingress or egress from a public street or sidewalk may have a
2503 maximum of one (1) square foot of signage per linear foot of each
2504 building wall occupied by such establishment and facing a public
2505 street. Such establishment may have a maximum of one (1) sign for
2506 each building façade facing a public street.
2507 Additionally, where a commercial building is located on a zoning lot
2508 with a parking structure that is used to satisfy, in whole or in part,
2509 the vehicular parking requirements of the commercial building, such
2510 commercial building may have one (1) wall sign with a maximum
2511 area equal to one (1) square foot of signage per linear foot of the
2512 building wall on which the sign is located for each building façade
2513 facing a public street, and one (1) wall sign, located on the parking
2514 structure serving the commercial building, with a maximum area no
2515 greater than one (1) square foot of signage per linear foot of the
2516 building wall of the parking structure on which the sign is located.
2517 Multiple-family dwellings may have a total of one (1) square foot of
2518 signage per linear foot and a maximum of two (2) signs for each
2519 building façade facing a public street.
2520
2521
65
2522 COMMENT
2523
2524 The amendments are of the type described in prior comments,i.e.,removal of content-based
2525 descriptors regarding certain types of"identification" signs, signs advertising property for sale or
2526 lease, etc. In addition,parking structure signs and marquee signs within the Central Business Core
2527 District receive the same treatment in this section.
2528
2529 OCEANFRONT RESORT DISTRICT
2530 FORM-BASED CODE
2531 CITY ZONING ORDINANCE APPENDIX I
2532 . . . .
2533
2534 Chapter 6. Site Development
2535
2536 Chapter 6.3. Signs.
2537
2538 6.3.1 Sign Standards
2539
2540
2541
2542 B. General Regulations Applicable to all Frontages:
2543 The following regulations shall apply to signage in the Oceanfront Resort District. In the
2544 event of a conflict between the provisions of this section and any other provision of the City
2545 Zoning Ordinance or this Code, the more restrictive provision shall apply unless expressly
2546 otherwise provided in this, or the conflicting, section.
2547 I. In General
2548 All signage shall comply with the provisions of Article 2, Part B of the City Zoning
2549 Ordinance, except as otherwise expressly provided in this section. Definitions of sign
2550 types shall be as set forth in Section 210.2 of the City Zoning Ordinance.
2551
2552 . . . .
2553
2554 4. =.' :•-: - ' ' . •= :- [RESERVED]
66
2555 _ - = - = -- .; - = •-
2556 however, building idcntificatien signs wed at least - -- =- - = -- - -
2557 from ground level to the top of the building, but no highcr than the rooflinc, may be
2558
2559
2560 b. The ar a by which such signs arc so increased shall not be included in the sign
2561 ll of the buildi. g
2562
2563 I I. Marquee Signs
2564 a. Marquee signs shall be allowed only on only on buildings occupied by theaters, cinemas,
2565 performing arts facilities or similar venues, and shall have a maximum area of one
2566 square foot for each five linear feet of building facade to which it is attached.
2567 b. The top of a marquee sign shall be at a height no greater than 18 feet above the ground
2568 immediately adjacent to the sign, and there shall be a minimum clearance of nine feet
2569 above ground level. In addition, such signs may:
2570 i. Contain ene changeable copy :- - - • •-: - = -- •= -. -•-- • = • - • - ,
2571 music, or other similar performances or events, not to be included in the
2572
2573 commercial content; and
2574 ii. Encroach above a public sidewalk by a maximum horizontal distance of ten feet if
2575 such marquee conforms to the Oceanfront Resort District Sign Design Guidelines.
2576
2577 15. Signs Advertising Located on Property for Sale, Lease or Rent
2578 a. Signs advertising located on property for sale, lease or rent shall be permitted in all
2579 frontages; provided, however, that no such sign shall exceed four square feet in surface
2580 area.
2581 b. Not more than two signs shall be permitted for any property having more than 100
2582 feet of lot line at the street right-of-way, and any property having less than 100 feet of
2583 such lot line shall have no more than one sign not exceeding 16 feet of surface area.
2584
2585 16. Table Umbrella Signs
2586 a. Table umbrella signs shall be limited to no more than two signs on each umbrella and
2587 no more than two square feet per sign.
2588 - _ • . _ _ -- -- •- _ -.- _ -- - - -- -- - =
2589 any table umbrella sign.
67
2590 c b. Table umbrella signs conforming to the Oceanfront Resort District Sign Design
2591 Guidelines shall not be included in determining the allowable signage of any
2592 establishment pursuant to Sec. 6.3.I D.
2593
2594 18. Walls Signs
2595 Wall signs shall not extend above the building wall to which they are affixed, and no wall
2596 sign shall extend more than 12 inches from the wall to which they are affixed.
2597
2598 I. C. Allowed Sign Types
2599 I. Table of Allowed Sign Types.
2600 a. In addition to those sign types specified in Section 212 211 of the City Zoning
2601 Ordinance (signs permitted in all districts), only the sign types shown designated by a
2602 "P" in the following table shall be permitted in the corresponding frontage.
2603 b. A footnote denotes that there are special provisions applicable to the type of signage
2604 associated with the footnote.
2605 c. A "--" indicates that a sign type is not allowed in the corresponding frontage.
2606
Frontage
Sign Type BW SH-I SH-2 GW-I GW-2 GW-3 BE
Building
n
,Identificatiomoo,-.
2607 . . . .
2608
2609 D. Signage Allowances
2610
2611 The regulations set forth in this section apply to all signage within the specified street frontages in the
2612 Oceanfront Resort District. In the event of a conflict between any of the following provisions and the
2613 provisions of Sec. 6.3.1 B., the provisions of this section control, except if stated otherwise.
2614
2615 I. Table of Signage Allowances.
2616
2617 a. The following table shows the signage restrictions in each of the corresponding street frontages in the
2618 Oceanfront Resort District.
2619
2620 b. Unless otherwise provided, the table specifies the restrictions for each separate business
2621 establishment.
68
2622
2623 c. A"--" indicates that a sign type is not allowed in the corresponding street frontage.
2624
2625
2626 Frontage
2627
BW SH-I SH-2 GW-I GW-2 GW-3 BE
2628 Number of signs I (2) B C 2 2 2 2
2629
2630 Number of freestanding -- I I I I I
2631 signs(l)
2632
2633 Total signage allowancee3> 10 sf D D I J L M
2634
2635
2636 Max.area wall sign>3> 10 sf 75 sf 75 sf 75 sf 32 sf 32 sf 32 sf
2637
2638 Max.area freestanding
2639 signw -- E E E E 16 sf 16sf
2640
2641 Max.area window sign 10 sf(') F F F F F F
2642
2643 Miscellaneous A G G,H G.H G G,H G,H
2644
2645 FOOTNOTES:
2646
2647 I. Except as otherwise specified, subject to the provisions of City Zoning Ordinance Section 214.
2648
2649 2. Allowed only for establishments having direct egress to the exterior portion of the building adjacent
2650 to the Boardwalk/Greenbelt.
2651
2652 3. Neon signage not allowed. Wall signs mounted at least three-fourths of the distance from ground
2653 level to the top of the building, but no higher than the roofline, may be increased in area from the
2654 maximum size otherwise allowed by 50 square feet for every 50 feet of building height in excess of 100
2655 feet. The area by which such signs are so increased shall not be included in the sign allowance of the
2656 building.
2657
2658 F. Major Entertainment Venue Signs
2659
2660 Signage for major entertainment venues other than signage allowed by regulations of the
2661 applicable frontage shall be allowed only with the approval of the City Council and shall be subject to
2662 the following requirements of Section 2I8:. Major entertainment venue signage allowed by the City
2663 Council shall not be subject to the Alternative Compliance provisions of this Ordinance.
2664
69
it
2665 I. A major cntcrtainmcnt venue is an establishment:
2666
2667
2668 continuous strcct frontage on at least one public street;
2669
2670 b. The principal use of which is to provide entertainment consisting of sporting events,
2671 whether participatory or spectator, live theatre or concerts, conventions, trade shows,
2672 rides or other attractions typically feand in amusement
2673 thereof.
2674
2675 2. An application for signage other than as allowed under the regulations of the applicable
2676 frontag- -
2677
2678 Applications shall include a fee in the amount of $8!f.!e, . -- -- --- - - • • - _ - •-
2679 .. - •: : . : : ' - . : . - : - . : -- • - .:
2680 shall be h and by the Planning Commission and the City Council in accordance with the procedures
2681 prescribed in subsections (d) and (e) of Section 221 of the City Zoning Ordinance.
2682
2683 - . . . : : - - - - - • . : : , - _-,
2684 location, setbacic, size, dimensions and height of all signs, and any other characteristics of or information
2685 pertaining to such signage deemed necessary by the Planning Director in order to adequately evaluate
2686 the proposed sign plan according to the criteria set forth subsection 5. below. Where a sign plan
2687 •- .. - - : .• - - •: _-, - : : •-: •:_ •: . •- : - . •:2688
2689 a. The pixel pitch of the proposed electronic display signs;
2690
2691
2692 each display; and
2693
2694 c. The maximum and minimum illumination leve - . :- . .- --. - --- - , • -_ -- •---
2695
2696
2697 4. In no cas- -. - - = • -• - •:- = -• -, - - = -- -- -- . .: : . - , . . .
2698 electrical service lines providing power to such signs shall be underground.
2699
2700 5. The City Council shall consider the following criteria in acting upon an application:
2701
2702 a. The extent to which the proposed signage is consistent with the intent of the Oceanfront
2703 - : : - - - . • ,
2704
2705 b. The extent to which the proposed signage is consistent with the recommendations of the
2706 Comprehensive Plan;
70
2707
2708
2709 = =-- - .-, = - . _ -, ' .. . - ' - - =• - : - =--- ;
2710
27112712 to which view obstructions arc created or imp = - . =•-. - = = - = • -
2713 obstruction of traffic control signs and devices, and othcr safety related factors; and
2714
2715 c. The degree to which the proposed signage is integrated into a unified development
2716 = - , = .. _ -: _ , _ - _ :, - • = , • :
2717 other development f atures of the neighboring property, the frontage in which the venue
2718 is located and the District as a whole.
2719
2720
2721 Alternative Compliance provisions of this Ordinance.
2722
2723
2724 COMMENT
2725 The amendments are generally of the type described in prior comments, i.e., removal of
2726 content-based descriptors regarding certain types of "identification" signs, signs advertising
2727 property for sale or lease,etc.
2728 The provisions regarding major entertainment venue signs have been replaced by a simple
2729 reference to the provisions of Section 218, which contains the pertinent regulations that are
2730 applicable to such signs in all zoning districts.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the 19ttlay
of April , 2016 •
APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
Depart if Planning City Attorney's Office
CA-13400
R-9
March 11, 2016
71
96
Item—V-K 7b
PLANNING ITEM#65891
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, BY
CONSENT,Application of CITY OF VIRGINIA BEACH
b. An Ordinance to AMEND the City Zoning Ordinance (CZO) Sections 111, 401,
501, 801, 901, 1001, 1110, 1125, 1421 and Oceanfront Resort District Section 5.2
re day-care centers and family day-care homes
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
I I i
1 AN ORDINANCE TO AMEND SECTIONS 111, 401, 501, 801, 901,
2 1001, 1110, 1125 AND 1421 OF THE CITY ZONING ORDINANCE
3 AND SECTION 5.2 OF THE OCEANFRONT RESORT DISTRICT
4 FORM-BASED CODE, AS FOLLOWS:
5
6 AMENDING THE DEFINITION OF THE TERM "FAMILY DAY - CARE
7 HOME";
8
9 DELETING THE DEFINITION OF THE TERM "CHILD-CARE
10 CENTER";
11
12 ADDING A DEFINITION OF THE TERM "DAY-CARE CENTER";
13
14 REPLACING THE TERM "FAMILY CARE HOME" WITH THE TERM
15 "FAMILY DAY-CARE HOME";
16
17 ADDING FAMILY DAY-CARE HOMES AS A CONDITIONAL USE IN
18 THE PD-H1 PLANNED UNIT DISTRICT; AND
19
20 ALLOWING DAY-CARE CENTERS AS A PRINCIPAL USE IN ALL
21 APARTMENT AND OFFICE DISTRICTS, THE B-2 COMMUNITY
22 BUSINESS DISTRICT, B-3 CENTRAL BUSINESS DISTRICT AND B-4
23 MIXED USE DISTRICT, THE PD-H2 PLANNED UNIT
24 DEVELOPMENT DISTRICT, THE RT-3 RESORT TOURIST
25 DISTRICT, THE CBC CENTRAL BUSINESS CORE DISTICT AND IN
26 THE OR OCEANFRONT RESORT DISTRICT AND AS A
27 CONDITIONAL USE IN ALL RESIDENTIAL ZONING DISTRICTS,
28 THE B-1 NEIGHBORHOOD BUSINESS DISTRICT, B-1A LIMITED
29 COMMUNITY BUSINESS DISTRICT AND B-4K HISTORIC
30 KEMPSVILLE AREA MIXED USE DISTRICT, THE I-1 LIGHT
31 INDUSTRIAL AND 1-2 HEAVY INDUSTRIAL DISTRICTS AND THE
32 OR OCEANFRONT RESORT DISTRICT
33
34 Sections Amended: City Zoning Ordinance Sections 111, 501, 801,
35 901, 1001, 1110, 1125 and 1421; Oceanfront Resort District Form-
36 Based Code Section 5.2
37
38
39 WHEREAS, the public necessity, convenience, general welfare and good zoning
40 practice so require;
1
41 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
42 VIRGINIA BEACH, VIRGINIA:
43
44 That Sections 111, 501, 801, 901, 1001, 1110, 1125 and 1421 of the City Zoning
45 Ordinance and Section 5.2 Oceanfront Resort District Form-Based Code are hereby
46 amended and reordained by amending the definition of the term "family day-care home,"
47 deleting the definition of the term "child-care center," adding family day-care homes as a
48 conditional use in the PD-H1 planned unit district, adding a definition of the term "day-
49 care center," replacing the term "family care home" with the term "family day-care home"
50 and allowing day-care centers as a principal use in all Apartment and Office Districts,
51 the B-2 Community Business District, B-3 Central Business District and B-4 Mixed Use
52 District, the PD-H2 Planned Unit Development District, the RT3 Resort Tourist District,
53 the CBC Central Business Core District and in the OR Oceanfront Resort District and as
54 a conditional use in all Residential Districts, the B-1 Neighborhood Business District, B-
55 1A Limited Community Business District and B-4k Historic Kempsville Area Mixed Use
56 District, the I-1 Light Industrial District, 1-2 Heavy Industrial District and the OR
57 Oceanfront Resort District, to read as follows:
58
59 ARTICLE 1. GENERAL PROVISIONS
60
61 . . . .
62
63 Sec. 111. Definitions.
64
65 . . . .
66
67 - - -- - - - - •- - - - - •-, - -- - --6 •
8 -- - - -- - - - - - - -- -, - - -- - - - - - - - -- - - - - - - - - - - - - e-
69 -- -69 _ . -- - - - - - - - - - - -- - - • - - - - - -
70
71 . . . .
72
73 Day-care center. Any facility, other than a family day-care home, operated for the
74 purpose of providing care, protection and guidance during a part of the twenty-four-hour
75 day to a group of: (1) children separated from their parents or guardians; (2) adults
76 sixty-two (62) years of age or older; or (3) persons under a disability during a part of the
77 twenty-four-hour day.
78
79 . . . .
2
80 Family day-care home. Any private family home which, as a home occupation,
81 provides care, protection and guidance during a part of the twenty-four-hour day to a
82 group of: (1) children separated from their parents or guardians; (2) adults sixty-two (62)
83 years of age or older; or (3) persons under a disability : - •- - - -- - - - - - :-
84 i -day. This term shall apply only to homes in which more than four (4) children such
85 persons are received, except children persons who are related by blood or marriage to
86 persons who maintain the home or where the total number of children such persons
87 received, including relatives, exceeds seven (7). For purposes of this definition, a
88 person is deemed to be under a disability if he or she is found by a licensed physician to
89 be unable to engage in any substantial gainful activity by reason of any medically
90 determinable physical or mental impairment or deformity which can be expected to
91 result in death or to last for the duration of such person's life.
92
93 COMMENT
94
95 The amendments: (1) redefine the term "family day-care home" to include persons sixty-
96 two years of age or older and persons under a disability; and (2) delete the current definition of
97 "child-care center" and replace it with a new term, "day-care center." The new term includes
98 persons sixty-two years of age or older and persons under a disability.
99
100
101
102 ARTICLE 5. RESIDENTIAL DISTRICTS.
103 . . . .
104
105 Sec. 501. Use regulations.
106
107 (a) Principal and conditional uses. The following chart lists those uses
108 permitted within the R-40 through R-2.5 Residential Districts. Those uses and
109 structures in the respective residential districts shall be permitted as either principal
110 uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures
111 indicated by an "X" shall be prohibited in the respective districts. No uses or
112 structures other than as specified shall be permitted.
113
3
114 Residential Districts
Uses R- R- R- R- R- R- R- R- R- R-
40 30 20 15 10 7.5 5R 5D 5S 2.5
Child Day-
care centers
and child care C C C C C C C C C C
education
centers in
religious uses
Family day- C C C C C C C C C C
care homes
115
116 COMMENT
117
118 The amendments reflect the change in terminology and nature of the uses referenced in the
119 Comment to Section 111. The effect is to allow the uses shown in the above table to provide day
120 care for adults sixty-two years of age or older and disabled persons as well as for children.
121
122 . . . .
123
124 ARTICLE 6. APARTMENT DISTRICTS.
125 . . . .
126 Sec. 601. Use Regulations.
127 (a) Principal and conditional uses. The following chart lists those uses
128 permitted within the A-12 through A-36 Apartment Districts. Those uses and
129 structures in the respective apartment districts shall be permitted as either principal
130 uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures
131 indicated by an "X" shall be prohibited in the respective districts. No uses or
132 structures other than as specified shall be permitted.
133
4
134
Use A-12 A-18 A-24 A-36
Child Day-care P P P P
centers
Family day care
homes, foster C C C C
homes or group
homes
135
136 COMMENT
137
138 The amendments reflect the change in terminology and nature of the uses referenced in the
139 Comment to Section 111. The effect is to allow the uses shown in the above table to provide day
140 care for adults sixty-two years of age or older and disabled persons as well as for children.
141 . . . .
142 ARTICLE 8. OFFICE DISTRICTS.
143 . . . .
144 Sec. 801. Use regulations.
145
146 (a) Principal and conditional uses. The following chart lists those uses
147 permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the
148 respective office districts shall be permitted as either principal uses indicated by a "P" or
149 as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be
150 prohibited in the respective districts. No uses or structures other than as specified shall
151 be permitted.
152
153 Use 0-1 0-2
154
155 . . . .
156
157 Child Day-care centers P P
158
5
159 . . . .
160
161 COMMENT
162
163 The amendments reflect the change in terminology and nature of day-care centers
164 referenced in the Comment to Section 111. The effect is to allow day care centers in the 0-1 and 0-
165 2 Office Districts to provide day care for adults sixty-two years of age or older and disabled persons
166 as well as for children.
167
168 . . . .
169
170 ARTICLE 9. BUSINESS DISTRICTS.
171
172 . . .
173
174 Sec. 901. Use regulations.
175
176 (a) Principal and conditional uses. The following chart lists those uses permitted
177 within the B-1 through B-4K Business Districts. Those uses and structures in the
178 respective business districts shall be permitted as either principal uses indicated by a
179 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
180 shall be prohibited in the respective districts. No uses or structures other than as
181 specified shall be permitted.
182
183
Use B-1 8-1A 8-2 8-3 8-4 8-4C 84-K
Child Day-care centers
and child care education C C P P P C C
centers
Housing for seniors and
disabled persons or
handicapped, including
convalescent or nursing;
maternity homes; child C C X X C C C
day-care centers other
than covered under
permitted principal uses
hereinabove, provided
6
that the maximum height
shall not exceed one
hundred sixty-five (165)
feet; provided, however,
that no structure shall
exceed the height limit
established by section
202(b) regarding air
navigation
184
185 COMMENT
186
187 The amendments reflect the change in terminology and nature of day-care centers
188 referenced in the Comment to Section 111. The effect is to allow day care centers in the various
189 Business Districts, either as a principal or conditional use, as indicated above, to provide day care
190 for adults sixty-two years of age or older and disabled persons as well as for children.
191
192 . . . .
193
194 ARTICLE 10. INDUSTRIAL DISTRICTS.
195
196 . . . .
197
198 Sec 1001. Use regulations.
199
200 (a) Principal and conditional uses. The following chart lists those uses
201 permitted within the I-1 and 1-2 Industrial Districts. Those uses and structures in the
202 respective industrial districts shall be permitted as either principal uses indicated by a
203 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X"
204 shall be prohibited in the respective districts. No uses or structures other than as
205 specified shall be permitted.
206
207 Use /-1 1-2
208 . . . .
209
210 Child Day-care and child care education centers C C
211
212 . . . .
213
7
214 COMMENT
215
216 The amendments reflect the change in terminology and nature of day-care centers
217 referenced in the Comment to Section 111. The effect is to allow day care centers in the I-1 and I-2
218 Industrial Districts to provide day care for adults sixty-two years of age or older and disabled
219 persons as well as for children.
220
221 . . . .
222
223 ARTICLE 11. PLANNED DEVELOPMENT DISTRICTS.
224
225 A. PD-H1 PLANNED UNIT DEVELOPMENT DISTRICT
226
227 Sec. 1110. Land use regulation.
228
229 (d) Within a PD-H1 District, the following uses shall be allowed as conditional
230 uses:
231 . . . .
232
233 (2) Family day care homes;
234 . . . .
235 COMMENT
236
237 The amendments reflect the change in terminology and nature of day-care centers
238 referenced in the Comment to Section 111. The effect is to allow day care centers in the PD-Hl
239 Planned Unit Development District to provide day care for adults sixty-two years of age or older
240 and disabled persons as well as for children.
241
242
243 B. PD-H2 PLANNED UNIT DEVELOPMENT DISTRICT
244
245 Within the PD-H2 District, only the following uses and structures shall be
246 permitted:
247
248 (a) Principal uses and structures.
249 . . . .
250 (5) Child Day-care centers, provided that such uses shall not be
251 eligible for residential density credit;
8
252 . . . .
253
254 (c) Conditional uses.
255 . . . .
256
257 (2) Family day care homes; foster homes and group homes, provided
258 that such uses shall not be eligible for residential density credit;
259 . . . .
260 COMMENT
261
262 The amendments reflect the change in terminology and nature of the uses referenced in the
263 Comment to Section 111. The effect is to allow day-care centers and family day-care homes in the
264 PD-H2 Planned Unit Development District to provide day care for adults sixty-two years of age or
265 older and disabled persons as well as for children.
266
267 ARTICLE 15. RESORT TOURIST DISTRICTS
268
269 . . . .
270
271 C. RT-3 RESORT TOURIST DISTRICT
272 . . . .
273
274 Sec. 1521. Use regulations.
275
276 (a) The following chart lists those uses permitted within the RT-3 Resort
277 Tourist District as either principal uses, as indicated by a "P" or as conditional uses, as
278 indicated by a "C." Conditional uses shall be subject to the provisions of Part C of Article
279 2 (section 220 et seq.). Except for single-family, duplex, semidetached and attached
280 dwellings, buildings within the RT-3 District may include any principal or conditional
281 uses in combination with any other principal or conditional use. No uses or structures
282 other than those specified shall be permitted. All uses, whether principal or conditional,
283 should to the greatest extent possible adhere to the provisions of the Special Area
284 Design Guidelines (Urban Areas) set forth in the Reference Handbook of the
285 Comprehensive Plan.
286
9
287 Use RT-3
288 . . . .
289 Child Day-care and child care education
290 centers P
291
292 COMMENT
293
294 The amendments reflect the change in terminology and nature of day-care centers
295 referenced in the Comment to Section 111. The effect is to allow day care centers in the RT-3
296 Resort Tourist District to provide day care for adults sixty-two years of age or older and disabled
297 persons as well as for children.
298
299 . . . .
300
301 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT
302 . . . .
303 B. DEVELOPMENT REGULATIONS
304 Sec. 2203. Use regulations.
305 (a) The following chart lists those uses permitted within the Central Business
306 Core District. Uses and structures shall be allowed either as principal uses, indicated by
307 a "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X"
308 shall be prohibited, unless allowed by special exception for Alternative Compliance
309 pursuant to Section 2205. No uses or structures other than as specified herein or as
310 allowed pursuant to subsection (b) shall be permitted.
311
312 Use CBC
313
314 Child Day-care and child care education
315 centers P
316
317 . . . .
318
10
319 COMMENT
320
321 The amendments reflect the change in terminology and nature of day-care centers
322 referenced in the Comment to Section 111. The effect is to allow day care centers in the CBC
323 Central Business Core District to provide day care for adults sixty-two years of age or older and
324 disabled persons as well as for children.
325
326
327
328 Oceanfront Resort District Form-Based Code
329
330 (APPENDIX 1 TO CITY ZONING ORDINANCE)
331
332
333 Chapter 5. Use
334
335 Sec. 5.1. General Provisions
336 5.1.1 Permitted Uses
337
338 The permitted use table identifies uses allowed by building type. The key for the use
339 table is set forth below.
340
341 A. Permitted Use (P)
342 Indicates that the use is permitted by right.
343
344 B. Limited Use (L)
345 Indicates that the use, while permitted by right unless otherwise specified, must meet
346 the applicable use standard.
347
348 C. Conditional Use (C)
349 Indicates that the use requires approval as a conditional use before it is allowed. Use
350 standards may also apply.
351
352 D. "--"
353 Indicates that a use is not permitted.
354
355 E. Uses not specifically listed, other than those allowed pursuant to Sec. 5.1.3 or by
356 Special Exception allowed pursuant to Sec. 7.3, shall not be permitted.
357
11
358
359 COMMENT
360
361 The section is shown for reference purposes only.
362 . . . .
363
364 SEC. 5.2. PERMITTED USE TABLE
365
MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC
BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING
Ground Upper Ground All Ground Upper Use Standard
USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes
COMMERCIAL
366
367 . . . .
368
Ghild
Day-care,
child care P P P -- -- P --
education
369
370 . . . .
371 COMMENT
372
373 The amendments reflect the change in terminology and nature of day-care centers
374 referenced in the Comment to Section 111. The effect is to allow day care centers in the ORD
375 Oceanfront Resort District to provide day care for adults sixty-two years of age or older and
376 disabled persons as well as for children in mixed-use buildings, commercial buildings,and detached
377 houses.
378
379 Adopted by the Council of the City of Virginia Beach, Virginia, on the 19tl1ay of
380 April , 2016.
381
382
383 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIEN• :
384
385 // I
386 I 4, " -_... +,
387 Pla ping lepa 'ment City Attorney's Office
388
389 CA-13396
390 January 11, 2016
391 R-2
12
97
Item—V-K.7c
PLANNING ITEM#65892
Upon motion by Vice Mayor Jones, seconded by Councilman Uhrin, City Council APPROVED, BY
CONSENT,Application of CITY OF VIRGINIA BEACH
c. An Ordinance to AMEND and REORDAIN Section 506 of the City Zoning
Ordinance (CZO)re to add new "Figure 2—Roof Dormer Diagram"
This Ordinance shall be effective in accordance with Section 107(f) of the Zoning Ordinance.
Adopted by the City Council of the City of Virginia Beach, Virginia, on the Nineteenth day of April, Two
Thousand Sixteen.
Voting: 10-0
Council Members Voting Aye:
M Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION
2 506, OF THE CITY ZONING ORDINANCE, ADDING A NEW
3 "FIGURE 2 — ROOF DORMER DIAGRAM"
4
5 Section Amended: City Zoning Ordinance Section 506
6
7
8 WHEREAS, the public necessity, convenience, general welfare and good zoning
9 practice so require;
10
11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
14 That Section 506 of the City Zoning is hereby amended and reordained by the
15 addition of a new "Figure 2 — Roof Dormer Diagram," to read as follows:
16
17 ARTICLE 5. RESIDENTIAL DISTRICTS
18
19 . . . .
20
21 Sec. 506. North End Overlay District.
22
23 . . . .
24
25 (c) Special regulations for development. Permitted uses and structures and
26 dimensional requirements for uses and structures located within the North End Overlay
27 District shall be as specified in Sections 501 and 502, respectively; provided, however,
28 that two single-family dwellings may be located on a single lot if the following standards
29 are met:
30
31 (1) Dimensional requirements generally. Unless otherwise specified
32 herein or in subsection (d), dimensional requirements shall be
33 those applicable to duplex dwellings in the R-5R Residential District
34 [Section 502 (b1)];
35
36 (2) Building separation. There shall be a minimum separation of
37 sixteen (16) feet between dwellings on the lot. Such space shall be
38 unencumbered by any structures or improvements, other than
39 fences, greater than sixteen (16) inches in height above ground
40 elevation;
41
42 (3) Height. No dwelling shall be greater than thirty-five (35) feet or two
43 and one-half (2-1/2) stories in height, as measured from the lowest
44 grade within six (6) feet of the building perimeter to the highest
45 point of the building. Building walls shall be a maximum of twenty-
46 five (25) feet high, as measured from the lowest grade within six (6)
47 feet of the building perimeter to the primary roof rafter bearing
48 point. Roof dormers, if any, shall conform to the dimensions and
49 design shown on Building Massing Diagram 1 -(Figure 1) and Roof
50 Dormer Diagram (Figure 4 2)
51
52 . . . .
53
FIGURE 2. ROOF DORMER DIAGRAM
6.00
4.00' MIN. 400'
MIN. / f LENGTH OF DORMER /LEAR LENGTH OF DORMER MIN.
J DORMERS IN THE'DORMER ZONE MUST CONFORM
WITH THIS DIAGRAM.THE LENGTH OF A SINGLE
DORMER MAY NOT EXCEED 1/3 OF THE LENGTH OF
THE WALL BELOW.THE TOTAL LENGTH OF ALL
DORMERS ON A SINGLE ELEVATION MAY NOT EXCEED
2/3 OF THE LENGTH OF THE WALL BELOW THEM.
54
55 . . . .
56
57 COMMENT
58
59 The amendment adds a "Figure 2. Roof Dormer Diagram" to Section 506, which diagram
60 was omitted from the original ordinance adopted by the City Council in November 2015.
61
62
2
I I
63
64 Adopted by the Council of the City of Virginia Beach, Virginia on the 19th day of
65 April , 2016.
66
67
68 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY:
69
70
71
i
72 ' � �� /IAi!�s
73 Des=rtment o�Planning City ttorney's Office
74
75
76
77 CA-13560
78 January 20, 2016
79 R-1
3
98
ITEM V-L
APPOINTMENTS ITEM#65893
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL
HEALTH SERVICES ADVISORY BOARD
HISTORIC PRESERVATION COMMISSION
HUMAN RIGHTS COMMISSION
TOWING ADVISORY BOARD
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
99
ITEM V-L
APPOINTMENTS ITEM#65894
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
CAROLYN GARRETT
MARTHA McCLEES
LAURA NGUYEN
Four year term—07/01/2016—06/30/2020
ARTS and HUMANITIES COMMISSION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
100
ITEM V-L
APPOINTMENTS ITEM#65895
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
JOSEPH BOVEE
KAL KASSIR
Three year term—07/01/2016—06/30/2019
BAYFRONT ADVISORY COMMISSION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
1
101
ITEM V-L
APPOINTMENTS ITEM#65896
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
RICHARD HILDRETH
DANIEL KOACH
HOWARD KUHNS
Three year term—07/01/2016—06/30/2019
BEACHES and WATERWAYS COMMISSION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M. Dyer
April 19, 2016
102
ITEM V-L
APPOINTMENTS ITEM#65897
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
LOUIS R. JONES
JOHN D.MOSS
AMELIA N. ROSS-HAMMOND
JOHN UHRIN
Two year term—07/01/2016—06/30/2018
HAMPTON ROADS PLANNIGN DISTRICT COMMISSION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
Robert M Dyer
April 19, 2016
103
ITEM V-L
APPOINTMENTS ITEM#65898
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
LINDA BRIGHT
AMMA GUERRIER
FRANCINA HARRISON
Two year term—06/01/2016—05/31/2018
MINORITY BUSINESS COUNCIL
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 19, 2016
1 I
104
ITEM V-L
APPOINTMENTS ITEM#65899
Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED:
DAVID REDMOND
Unexpired term thru 12/31/2018
PLANNING COMMISSION
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 19, 2016
1 11 1 II
105
ITEM V-L
APPOINTMENTS ITEM#65900
Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED:
MARTHA McCLEES
Four year term—07/01/2016—06/30/2020
SOCIAL SERVICES BOARD
Voting: 10-0
Council Members Voting Aye:
M. Benjamin Davenport, Barbara M. Henley, Vice Mayor Louis R.
Jones, Shannon DS Kane, John D. Moss, Amelia N. Ross-Hammond,
Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and
James L. Wood
Council Members Absent:
None
April 19, 2016
106
Item -V-O
ADJOURNMENT ITEM#65901
Mayor William D. Sessoms,Jr., DECLARED the City Council Meeting ADJOURNED at 6:48 P.M.
I'
i„. "....., ,... _. „
Amanda Finley-Barnes, MMC
Chief Deputy City Clerk
_.....��
A . i
:,th Hodges Fraser, MMC William D. Sessoms,Jr.
City Clerk Mayor
City of Virginia Beach
Virginia
April 19, 2016