AUGUST 22, 1988 MINUTES
@f -Vir-jgi@iEl 13@et@la
'VORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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JOHI L, PEU@, ,-
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MUNICIPAL CENTER
@@.MY V --, JR,. Ci,, CITY COUNCIL AGENDA VIRGINIA BEACH, VIRGINIA 234M-9002
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AUr.UST 22, 1988
ITEM I. CITY KANAGER'S PRESEN7ATIONS - ODnference Room - 4:00 PM
A. Resort Area Parking Program
B. Municipal Area Transportation Study
ITEM II. COUNCIL CONFERENCE SESSION - Conference Room - 5:30 PM
A. CITY COUNCIL CONCERNS
ITEM III. D70RMAL SESSION - Conference Room - 6:00 PM
A. CALL TO CRDER - Mayor Yeyera E. oberndorf
B. ROLL CALL OF COUNCIL
C. NOTION TO RBCESS INTO EXBCUTIVE SESSION
ITEM IV. FORMAL SESSION - Council Chambers - 7:00 PM
A. INVOCATION: Reverend Jess Jackson
Westwoood Hills Baptist Church
B. PLEDGE CP ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. MINURES
1. INFORMAL & FORMAL SESSIONS - August 15, 1988
E. CEREMONIAL PRESENTATIONS
1. VIRGINIA BEHCH SAFETY COUNCIL LIFESAVER AWARD
a. Troy Martin
2. RESOLURIONS IN RE)COGNITION
a. Susan Earley Rohrer @Y AWARD
b. Douglas D. Himes )CONSTITUrION'S CELEBRATION CCMMISSION
Lillian B. Youell
3. PROCLAMATION
DISABLED AMERICAN VETERANS
FORGET-ME-NOT DAYS - SEPTEMBER 1, 2, 3, and 5, 1988
F. PUBLMC HEARING
1. P!LANNING
a. Application of A.R.C., for a Change of zoning District
Classification frcm R-5D Residential District to B-2 CanmuniLz
Business DiStriCt, 10cated on the North side of Kempsville
Road, 602 feet West of Centerville TUrnpike, containing 7.983
acres (Kempsville Borough).
Recommendation: WITHDRAWAL
b. Application of Paul-s Motor Company for a Cbnditional Use
Permit for autarnobile repair establishment on Lots 37, 38, 39
7nd 40, Block 9, East Norfolk, at 128 Happy Street, containing
25,003.44 square feet (Kempsville Bc)rough).
Recommendation: APPROVAL
C. Application of Yata Corporation for a Change of Zoning District
Classification frcxn AG-2 Agricultural District to R-15
Residential District, at the Northwest terminus of Sea Scape
Road on Lots 7 & 7, @ipps Bay, containing 3.57 acres (Pungo
Borough).
Recommendation: APPROVAL
d. Application of FIASH, Inc., T/A Speedee Oil Change & TQne Up
for a Conditional Use Permit for automobile repair
establislunent, on the Northwest corner of Laskin Road and First
Colonial RDad, containing 30,483 square feet (Kempsville
Borough).
Recommendation: APPROVAL
e. Application of Exxon ODmpany USA for a Oonditional Use Permit
for car wash and gasoline pumps in conjunction with a
convenience store located at the Northwest intrersection oF
Holland Road and South Plaza Trail, containing 42,869.87 square
feet (Kernpsville Borough).
Recommendation: APPROVAL
f Application of Lyle T. and Mary E. Smith for a Variance to
Section 4.4(b) of the Subdivision Ordinance, which requires
lots created by subdivision to rneet all of the requirements of
the Zoning Ordinance, on property located at 2033 Salem Road
(Kempsville Borough).
Deferred May 23, 1988
Recommendation: I)ENIAL
g. Application of Hop-In Fbod Stores for a Oc)nditional Use Permit
for gasoline sales in conjunction with a convenience store at
the Northwest intersection of General Booth Boulevard and
lWffian Road, containing 370,897 square feet (Princess Anne
Borough).
Deferred on June 13, June 27, and Au@t 8, 1988
Recommendation; DENIAL
h. Application of Tobn S and Emily M. Hathamay, for a Change of
zoning District classification from R-10 Residential District
to 0-1 Office District, located on the East side of overland
Road, 178.15 feet South of Amberly Road, at 324 Overland Road,
containing 16,552.80 square feet (Kempsville Borough).
Deferred July 5, 1988
Recoinmendation: DENIAL
i. Application of BIGEIT D CCRPORATION for a Change of Zoning
District Classification frcin AG-2 Agricultural District to B-2
Community BUSiness District on property locat on the East
side of General Booth BDulevard, 180 feet more or less North of
Culver Lane, containing 5.38 acres (Princess Anne Borough):
Recommeridation: ]DENIAL
j. Ordinances to AMEND and RECRDAIN the Comprehensive ZDning
Oxdinance of the City of Virginia Beach, Virginia:
(1 )Section 203 (a) (38) - Shopping Center Parking
AND,
Section 5A.4(a) - Site Plan ordinance - Interior coverage
requirements of Parking Lot Landscape Requirements
(2) Article 14 - Wetlands Zoning ordinance
(3) Article 16 - Coastal Primary Sand Dune zoning Ordinance
(4) Section 1522 - Set-back Requirements in the R-T3 District
(5) Section 4.1(m) of Subdivision ordinance - Design Standards
for Residential Streets
Recommendation: Defer 30 Days
(6 ) Sec tion 1 001 (a) - Use Regulations in Industr ial Di stric ts
Recommendation: APPROVAL
G. CRDINANCES
1. ENCROACE14ENTS
a. Fbrbes Candies, Inc.
Existing signs on canopy at 2330 Atlantic Avenue
b. International leisure Corp, T/A the Royal Wndon Wax Museum
Maintain existing encroachment by a sign on a marquee.
Rec(xnmeridation: DENIAL
2. Application of Jobn Miller for a Change in a Non-conforming Use on
property located at 5625 Virginia Beach Boulevard, containing
1 4, 040 square feet ( Bayside Borough)
Reccmmendation: DENIAL
H. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the
ordinary course of business by City Council and will be enacted by one
motion in the form listed. If an item is removed from the 0I)nsent
A,genda, it will be discussed and voted upon separately.
1. RESOLUTIONS IN RECOGNITION
a. Susan Earley RI)hrer
b. DouglaS D. Himes
C. Lillian B. Youell
2. Crdinance upon SECOND READIEG to ACCEPT and APPROPRIATE $14,694
State Grant Funding intd the FY 88-89 operating budget of the
Department of ILbraries for the Blind and Physically Handicapped.
3. Ordinance upon SBCOND RENDING to APPROPRIATE $2,580 in additional
State Aid Funds into the FY 88-89 operating budget of the
Department of Libraries for acquisition of books and related
materials.
4. Ordinance upon SECOND READING to APPROPRIATE $303,106 and transfer
$7,364 to fund nineteen additional temporary positions within the
sheriff's Department operating budget.
5. Ordinance appointing viewers in the petition of Signet Enterprises
Ltd. for the closure of two portions of 7hompkins Iane (Kempsville
Borough).
6. Fesolution re Appointments to the Board of the TLdemater
Transportation District.
7. Ordinance to AMEND and RECRDAIN Section 2-442 of the City ODde of
the City of Virginia Beach, Virginia, re 14ilitary Ii ai son
OD=ission.
I. APPOINln4ENTS
1. COMMUNITY CORRI)CTIONS RESOURCE BOARD
2. DEVELOPMENT AUTHORITY
3. PARKS AND RECREATION CCMMISSION
4. SMOKING POLICY ADVISORY CCMMITTEE
5. TIDINATER TRANSPORTATION DISTRICT COMMISSION
6. WLUNTEER COUNCIL
7. WETLANDS BOARD
J. UNFINISHED BUSINESS
1. AurHORIZATION: 'Ihe issuance of water and sever bojids of the City
of Virginia Beach, Virginia, in the maximiln amount of $200,000,000,
stibject to the approval of the qualified voters.
K. NIN BUSINESS
1. RECONSIDERATION of conditions in the Mzrch 14, 1988, approved
application of E=on Company, USA, for a Conditional Use Permit for
a car kash and gasoline pumps in conjunction with a convenience
store at 841 South Military Highway (Kernpsville Borough).
L. ADJOURMENT
CITY COUNCIL SESSIONS
RESCHEDULED
AUGUST 29, 1988 2:00 PM
RESCHEDULE CF SEPTEMBER 5
'LABCR DAY HOLIDAY"
AND
PUBLIC HlgLRING
'IAKE GASTON WATER SOURC@'
SEPTEMBER 6, 1988 2:00 Pm
RESCHEDULE OF SEPTEMBER 12
"ROSH BASHANAH"
OCTOBER 31, 1988 2:00 PM
RESCHEDULE OF OCTOBER 3
"VIRGINIA MLINICIPAL LEAGUE"
All other Sessions will be in accordance
with the City Code
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 22, 1988
The CITY MANAGER'S PRESENTATION on the RESORT AREA PARKING PROGRAM of the
VIRGINIA BEACH CITY COUNCIL was called to order by Mayor Meyera E. Oberndorf
in the Conference Room, City Hall Building, on Monday, August 22, 1988, at 4:00
P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
and William D. Sessoms, Jr.
Council Members Absent:
Councilwoman Reba S. McClanan (Out of the City on Personal Business)
Councilman John L. Perry (ENTERED: 4:25 P.M.)
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C I T Y M A N A G E R ' S P R E S E N T A T I 0 N
RESORT AREA PARKING PROGRAM
4:00 P.M.
ITEM # 29884
E. Dean Block, Assistant City Manager for Analysis and Evaluation, introduced
Dwight Farmer of the Southeastern Virginia Planning District Commission, Jane
Boand - Parsons, Brinkerhoff Quade & Douglas, Inc; and , Bob Shaevitz - Parsons
and Brinkerhoff Quade & Douglas, Inc.
Dwight Farmer, Chief Transportation Engineer - Southeastern Virginia Planning
Distri.ct Commission, advised the total spaces in the Resort Area (program
analysis included from 40th Street to Rudee lnlet and west of Parks Avenue) are
8,405 in the Study Area: 6,140 on-street and 2,265 off-street spaces. The
off-street spaces are located in 28 public and three private lots. There are
682 metered on-street spaces. From Pacific Avenue to the east, there is
approximately 30% of the parking available or about 2,578 spaces. The
Streetscape Program calls for the elimination of approximately 630 to 640
spaces. Parking occupancy surveys were taken for the entire on-street portion
of the study area in June, July and August 1987 for weekdays, weekends and
holidays. Occupancy counts were made three times per day; during the morning
(9:00 A.M to 12 A.M.), during the afternoon (1:00 P.M. to 4:00 P.M.) and in the
evening (6:00 P.M. to 9:00 P.M.). The data was then aggregated into 12 zoned or
subareas within the overall study area in order to better evaluate the
difference in character between various areas. Samples of occupancy rates were
also taken in March, April, May, September and October to evaluat,e parking
levels during the off-season.
Dwight Farmer displayed a map dividing the Oceanfront into 12 zones. Dwight
Farmer displayed a Chart depicting the Total Parking Occupancy by Zone, 1987.
When comparison is made of the very eastern parking lots (Atlantic Avenue and
those on the Oceanfront) $15 to $20 per day for the prime eastern lots is not
unusual on a weekend during the summer months. Parking spaces have been as high
as $25 to $30 per day on the Oceanfront. Just three blocks to the west, there
are lots charging $3.00 per day and only approximately 60% full. The
combination denotes a lack of organization.
Turnover rates for parking lots were less than those of on-street spaces. On a
weekend in July the rates averaged 1.2 Vehicles/space/day for lots, compared to
2.2 vehicles/space/day for on-street spaces surveyed.
Jane Boand, Parsons, Brinkerhoff, Quade and Douglas, referenced a Chart
reflecting the Parking Space and Cost Needs to Meet Yearly Parking Demands in
1997. The Consultant anticipates most of the Parking Demands will exist one
through 90 days throughout the year. From 1 to 32 days per year, which could
be weekends of good weather, a parking problem will be experienced which can
only be met by providing 704 additional parking spaces at a cost of $7.3-
MILLION. From 1 to 18 days a year, a peak useage will occur and 1418 spaces
would be needed at a cost of $19.3-MILLION. The consultant has chosen to
utilize, for research purposes, an intermediate period (18-32 days per year) an
additional 1082 parking spaces at a cost of $12.9-MILLION would accommodate the
demand.
Jane Boand identified the PARKING NEEDS AND ISSUES:
Parking Supply
Seasonality of Demand
Parking Quality
Land Use
Parking Usage
Existing Traffic Congestion
Safety
Cost
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C IT Y MANA GE R ' S P RE S En T AT ION
RESORT AREA PARKING PROGRAM
ITEM # 29884 (Continued)
Jane Boarid reiterated the RECCMMENDED PARKING PROGRAM-
Increase meter rates to $.50/hour and extend hours
of operation to 9:00 P.M.
Implement directional sign program
Create parking manager position
Construct city-ovned lots/garages as needed
Install limited-range radio station
Landscape and sign resort area parking lots
Pursue public/private venture
Amend B-5 zoning requirements
Consider implementing in-lieu parking fee
A total of $12.9-MILLION is needed to construct the five parking lots and
garages proposed through the year 1997. An additional $250,000 is needed to
implement the recommended operational changes and srnaller capital improvernents
program.
A nlimber of sources for funding these requirernents have been identified through
review of city documents, evaluation of existing city funds and discussions
with city officials.
These sources include:
General Fund
Capital Improvement Fund
Lot Fees, Parking Meters, Fines and Ticket Revenues
Special Assessment District
Special Service District
Parking Authority
In-Lieu Parking Fees
Public/Private Ventures
Retail Space Leasing
nie Cc)nsultants recommended creating a Parking Enterprise Fund where User
Fees/Tickets/meters but not Fines would be transferred intd that Furid. The City
should be able to work closely with developers (Public/Private Ventures) where
there is a potential cost savings. The developer wishes to develop, the City
wishes to install parking. 'Ihese opportunities should be monitored.
(bpies of VIRGINIA BKKCH RESCRT AREA PARKING PROGRAM and the summarization are
hereby made a part of the record.
E. Dean Block advised the specific action plan outlined will be brought to City
Council on a case-by-case basis over the next few months as it relates to the
CIP and Operating Budget. There is no specific time table.
- 4 -
C IT Y MANA GE R ' S P RE S EN T AT ION
MUNICIPAL AREA 7RANSPORTPTION STUDY
4:55 P.M.
ITEM # 29885
Robert Scott, Director of Planning, introduced T. Jack Bagby, II, of Kimley -
Horn and Associates, Inc. to present the report relative the TRANSPORTATION
PLANNING STUDY FOR THE MUNICIPAL CENTER AREA and summarize the recommendations
both for implementation and for further evaluation and consideration. 'Ihe
purpose of the planning effort is to evaluate existing network operational
deficiencies and the Master Street and Righway Plan and to identify any
recommerided modifications taking into account proposed la@ use changes and
network constraints in the study area. The report was intended to meet some of
the developinental site plan and subdivision issues associated with development
between Holland and Princess Anne Road and the Browner property to the west of
the Municipal Complex. Even thouqh the report shows possible locations of
future roads south of the Green Line, it is not intended to be an indication of
a departure from Council commitments associated with the Green Line.
The findings have been divided into t@ areas: (1 ) Current Cc)nsiderations and
(2) Longer range Considerations.
@ENT CCNSIDERATIONS
1. The intersection of Holland Road and Princess Anne
Road is experiencing significant operational
problems in the peak hours. The Consultants concur
with the previously recommended plan to add the
left turn lane ar)d traffic signal.
2. As currently adopted, the Moster Street and Highway
Plan identifies North Oc)urthouse Loop as a parkway
type facility. 'Ihe developer of Oc)urthouse Commons
has requested that the typical section be changed
to a more urban type facility. In the consultant's
opinion there are three considerations which lead
the Consultants to recommend an urban sec tion
through the non-residential area:
(1 ) Landscape area maintenance
(2) Swale drainage and standing water
(3) Possibility of people parking on the shoulder
and in the swale area.
3. The evaluations of the network using the 201 0
Transportation Model ir)dicate that construction of
West Neck Road extension north to North Courthouse
Loop and construction of North Courthouse Loop/
Ferrell Parkway from West Neck to Holland Road
would have a significant positive effect on traffic
flows in the Mnicipal Center area.
4. The planning phase of the City's new Criminal
Courts Facility is @ll underway. As a part of this
planning effort, siting considerations and access
requirements are being evaluated. As proposed, the
new facility will be located just south of North
Courthouse Loop @st of Princess Anne Road. Since
the North Cc)urthouse will serve as a major access
route to the new facility, the construction of
North courthouse Loop from Princess Anne Road to
the extension of George Mason and the extension of
George Mason should precede the opening of the new
facility. Even though the Master Plan for the
Municipal Center Area calls for Princess Anne Road
south of Ferrell Parkway/North Courthouse Loop to
be downgraded to serve basically as a local street,
in the interim it will continue to be the major
access route to the area and thus remain as a high
volume facility.
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C IT Y MANA GE R ' S P RE S EN T AT I 0N
MUNICIPAL AREA TRANSPORTATION STUDY
ITIM # 29865 (Continued)
5. As a part of the network evaluation using the 2010
@ansportation Model, the intersection of Princess
Anne Rc>ad/ Ferrell Parkway/North CDurthouse Ioop
has been identified as a major intersection
carrying heavy turning volumes. A detailed
evaluation of the intersection was undertaken, the
first using the future developrnent as described in
the City's Comprehensive Plan and the second using
residential development density, double that in the
Comprehensive Plan. Both scenarios indicated an
at-grade intersection could accommodate the
projected vollnes; however, the level of service
would be approaching capacity. Due to the
indeterminate nature of development south of the
"Green Line" and since pr oj ec ted develoement
produces an operating level of service which is
less than desirable, it is recommended tha t
planning of improvements in the location include
the necessary elements to accommodate a future
southbourid to eastbound left turn flyover as well
as the free flowing return movement.
ITE24S OF LONGER RANGE CONSIDERATION
1. Development approvals and land use considerations
have basically eliminated two major links south of
Princess Anne Road in the vicinity of Princess Anne
Junior High School. These links, one north/south
and one east/west, served as connectors from
Holland Road to Princess Anne Road south ard from
Indian River Road to General Booth Boulevard.
2. Th provide north/south continuity, it is
recommended that Seaboard Road from Ferrell Parkway
south across Priricess Anne Road to Princess Anne
Ro ad so uth b e add ed to the Pl an .
3. Th provide east/west continuity, it is further
recommended that the Indian River Road be realigned
to tie to Princess Anne Road south.
4. @e North Landing Road/Princess Anne Road corridor
is presently identified as a four-lane undivided
section on the Master Street and Highway Plan. it
is apparent that accomplishing these improvements
between West Neck Road and Holland Road is going to
be virtually impossible. Th provide an alternate
facility for thi s east/west route, it is
recommended that South C)ourthouse Loop be added to
the Plan . This south by-pass facility in effect
would become the traffic carrying facility and
North Landing Road and Princess Anne Road would
become a local access type street. The alignrnent of
this new route %vuld be south of the existing
development along Princess Anne Road. It would tie
to North Landing Road in the vicinity of the
Vocational School and to Princess Anne R@ in the
vicinity of the West Neck Pridge. The extension of
George Mason Drive and/or Courthouse Drive should
be included with South Cc)urthouse Loop. lblland
Road extension and Princess Anne Road extension
should be investigated.
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C I T Y M A N A G E R ' S P R E S E N T A T I 0 N
MUNICIPAL AREA TRANSPORTATION STUDY
ITEM # 29885 (Continued)
5. As it currently exists, the Master Street and
Highway Plan does not have any north/south
facilities in the area south of the "Green Line".
Any development in the area will have to use either
Princess Anne Road or Salem Road. It is
recommended that a new north/south facility to
serve this area be added to the Plan. This new
arterial route would intersect with Princess Anne
Road/Ferrell Parkway north of Princess Anne Park,
run across Landstown, North Courthouse Loop and
North Landing and tie into Indian River Road.
Alignment options for this facility, particularly
in the vicinity of Princess Anne Park, should be
developed and evaluated.
6. It is recommended that West Neck Road be extended
northward tying into the new north/south arterial.
This new facility would serve as an additional
north/south facility.
7. In addition to this new north/south arterial to
serve the area south of the "Green Line", it is
recommended that major east/west collector streets,
both north and south of the proposed Southeastern
Expressway, be added to the Plan. These facilities
should run from Princess Anne Road/Ferrell Parkway
to Salem Road and Indian River Road.
Relative to Implementation Priorities, any operational improvements would be
first priority. The intersection improvement of Princess Anne Road to Holland
Road is the project with the highest priority. The extension of West Neck and
North Courthouse Loop are high priority projects to provide relief to North
Landing Road. These facilities should be in-place concurrent with the opening
of the new Judicial Center. The extension of Ferrell Parkway from Holland Road
to General Booth Boulevard, providing another alternative access route to the
Municipal Center area from the east and providing the currently needed relief
to Princess Anne in that area is the next priority project. A Public Hearing is
scheduled for Wednesday, August 24, 1988, relative the Ferrell Parkway Project
coming south to Landstown Road. The continuation of the proposed Princess
Anne/Ferrell Parkway improvements south of Landstown Road to the Municipal
Center should have next priority. The limits of and timing of the improvements
will need to be co-ordinated with respect to the Virignia Department of
Transportation project and the Southeastern Expressway.
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ITEMS OF T HE C IT Y MANA GE R
ITEM # 29886
The City Manager referenced the item in the Formal Session relative LAKE
GASTON: 'Ihe issuance of mater and sever bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $200,000,000, subject to the approval of the
qualified voters. Cn August 29, 1988, City Council will have a FORMAL PUBLIC
HEikRING and the advertised FIRST READING of said item.
The City Manager distributed a DRAFT of said Resolution and a copy of the COURT
ORDER with the wording of the Referendum Question.
- 8 -
MAT T E R S OF T HE MAYOR
iTEm # 29887
Mayor Oberndorf referenced a copy of letter dated August 19, 1988, from
Councilwoman McClanan.
Mayor oberndorf was confused about the first sentence in said letter: "I was
very disturbed at the initial decision last week in Executive Session regarding
the Development Authority."
Mayor Oberndorf did not believe any decision had been made last week relative
the Development Authority.
- 9 -
C 0 U N C I L C 0 N C E R N S
ITEM # 29888
Councilwoman Henley distributed the Summary Sheets for the Proposed Fiscal Year
'88-89 TRT OPERATING BUDGET. The Budget Year for TRT is October First thru
September Thirtieth.
Should City Council have any questions, please call Councilwoman Henley or Jack
Whitney prior to September Seventh.
The route of the Southside 12 Bus begins in Norfolk, comes through Virginia
Beach in the College Park area and ends in Chesapeake This route had been
proposed for a deletion due to lack of ridership. There were Public Hearings in
Chesapeake and Norfolk. Councilwoman Henley believed this route would be
continued for another year, but with the understanding that same would be
reviewed the next year and the ridership must be increased to continue same.
Virginia Beach's share of this route is 34% of the deficit, amounting to
approximately $5,500. The ridership deficit is 300% of the average per
passenger deficit on this route, thus it is very under utilized.
ITEM # 29889
Councilwoman Henley referenced the concept of Mass Transit, her membership on
TIDEWATER TRANSPORTATION DISTRICT COMMISSION and a Conference attended entitled
"Transit and Suburbia", addressing this issue. Councilwoman Henley further
referenced an article by Ken Orski relative traffic mitigation efforts by large
employers. The City might wish to take the first step as an example to other
employers. The employer encourages ride sharing techniques, car pools and van
pools. The City has a large local traffic impact from its own employees plus
the additional problem of providing parking.
ITEM # 29890
Councilwoman Henley referenced the Memorandum relative the Capricorn Borrow
Pit. The Conditional Use Permit is due to expire and has not been renewed.
Councilwoman Henley inquired relative the status.
ITEM # 29891
Vice Mayor Fentress referenced a memorandum relative the set-off debt
collection of real estate taxes. The City currently makes no effort to collect
delinquent taxes prior to the third year of delinquency. This does not appear
realistic. The set-off debt collection process might be utilized.
ITEM # 29892
Councilman Sessoms referenced the installation of Quick Oil Change facilities
in the same location as old gasoline service stations and whether the old tanks
are removed. The City Manager advised the tanks are tested to make sure they
are not leaking. He will provide a report relative the disposition of these
old tanks and whether they are empty when the service station is no longer in
operation. The City Manager advised aerial photography was used to determine
the location of service stations.
ITEM # 29893
Councilman Baum requested an update relative the Non Title Wetlands Bill, Houes
Bill 1037, and the utilization of hybrid soils.
- 10 -
C 0 U N C I L C 0 N C B R N S
ITEM 29894
Oc)uncilman Perry advised the Virginia State Flag located in "Flag Square" of
the Municipal Center was torn.
ITEM 29895
Councilman Perry also advised the Police Department needs additional training
in traffic control. Councilman Perry remained stationery for 45 minutes on the
corner of Haygood Road and Aragona Boulevard due to an autornobile accident.
There w-ere four (4) policemen present.
ITEM # 29896
Councilman Perry referenced the CAPIIAL PROJECTS QUARTERLY REPORT. Oc)uncilman
Perry did not mderstand the language relative WATER AND UTILITY PROJECTS for
BLRTON S'IATION. "Water and sewer work to proceed without streets and drainage
project. Scope of @rk changed and defined. Proposed layout and cost estimates
sent to City Manager April 1988." Under SINER URILITY PROJECTS for BURTON
STATION - "Water and sewer work may proceed without streets and drainage
improvements.Project on hold periding definition of work scope.' One project is
on hold and the other can proceed. When some of these projects are eliminated
for which the government has provided funds, must the City reimburse the
government. 'Ihe City Dbnager will advise.
- 11 -
ITEM # 29897
The INFCR14AL SESSION of the VIRGINIA BFACH CITY COUNCIL was called to order by
Mayor Meyera E. Cberndorf in the Conference Room, City Hall Building, on
Monday, August 22, 1988 at 5:48 P.M.
Council Members Present:
Albert W. Balko, John A. BAUM, Vice Myor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, @yor Myera E. Cberndorf, Nancy K. Parker,
John L. Perry @ William D. Sessorns, Jr.
Council Members Absent:
Reba S. McClanan
- 1 2 -
ITIM # 29898
Mayor Myera E. Cberndorf entertained a motion to permit City Council tO
coriduct its EXDCUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PERSONNEL MATTERS; Discussion or consideration of employment, assigriment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY,. Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could effect the value of property owned or desirable
for ownership by such institution.
3. PUBLIC FTNDS INVESTMENT: The investing of public funds vhere competition or
bargaining is involved, where if made public initially the financial
interest of the goverrimental unit would be adversely affected pursuant to
Section 2.1-344(a) (5)
4. LEGAL MATTERS: Consultation with legal counsel or briefinqs by staff
mernbers, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body.
Upon rnotion by Cc>uncilman Perry, seconded by Councilman Sessoms, City
Council voted to proceed into EXWURIVE SESSION.
Voting: 10-0
(buncil Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mzyor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 1 3 -
F ORM A L S E S S I ON
VIRGINIA BEACH CITY COUNCIL
August 22, 1988
7:00 P.M.
Mzyor Meyera E. Oberndorf called to order the FOINAL SESSION of the VIRGINIA
BMkCH CITY COUNCIL in the ODuncil Chambers, City Hall Building, on Monday,
August 22, 1988 at 7:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice mayor Robert E.
@ntress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council @mbers Absent:
Reba S. McClanan
INVOCATION: Reverend Jes S@ Jackson
Westwood Hills Baptist Church
PLEDGE OF ALLFGIANCE TO THE FIAG OF THE UNITED STATES CF A14ERICA
1 4
Item IV-D.1
MINU.rES ITEM # 29899
Upon motion by Councilman Fentress, seconded by Councilman Moss, City Council
APPROVED the MINUTES of the IIIFCRMAL & FCRMAL SESSIONS of August 15, 1988.
Voting: 10-0
Council @mbers Voting Aye:
Albert W. Balko, John A. BaLon, Vice mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, @yor @yera E. Cberndorf, Nancy K. Parker
John L. Perry and William D. Sessorns, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 5
Item IV-E. 1 .
CEREKONIAL PRESENTATIONS ITEM # 29900
The VIRGINIA BEACH SAFETY COUNCIL LIFESAVER AWARD was presented to:
Troy Martin
Ttoy Martin was unable to atterid. On June 27, 1988, Troy Martin sustained first
and second-degree burns by entering a heat and smoke-filled house trying to
save the life of another.
Dorothy H. Craig, Committee Chairman, ACCEPTED the AWARD.
Mrs. Nichols, the lady saved by Troy Martin was in attendance .
OUNCIL
BEACII LIFESAVL@R
SLM p@ Tmy htwtin w I.Jking iih f,ici,do on it@e cn,twr of Woff ltuad
to fte f,@ undu the d@r at 5496 Stcwut I)livt.
dwgi he @ a -0@ @ w.c.n.ing for I,,Ip. l It il,re. a piece of w,m,d
then helpcd to 6ck 1. a d-. I-roy .t ... d the beat -d ...... ke.ful,d t,ouse. lit
W the W to mi.- to th@ o.e.;d@ fc sit. I ll,e I..u., . I",,,,d
14ul wit6w @.g the -,-. l It " ff.dy to nict the fr the f..Illl ligne
Wu k" dw hd ..i,-L
h6 Rfe &m ii-" ..d ma.i.ed r,.st tnd @nd-d.gret b.rm by entecit,g a li,st
@ troig to $&,e the life of wmht.
$'04&MOM Y to liel e(l, yaave cattiofi@,4,rir de m es ale
1 6
Item IV-E.2.a.
RFSOLUTIONS IN RE)COGNITION ITEM 4t 29901
Mayor Oberndorf PRESENTED a RESOLUTION IN RBCOGNITION to:
SUSAN EARLEY ROHRER
Susan Rohrer won the prestigious EMMY AWARD for producing, directing and co-
writing a film that the National Acaderny of @levision Arts and Science deems
this Year's most outstar)ding children's special, NEVER SAY GOODBYE.
Susan's husband - Mark B. Pohrer, parents - Dr. and Mrs. Charles M. Earley, Jr.
and grandparents - Mr. and Mrs. Robert H. Ripley were in attendance.
1 7
Item IV-E.2.b.
RESOLUrIONS IN RBCOGNITION ITEM # 29902
Mayor Oberndorf PRESENTED RESOLTJTIONS IN RBCOGNITION to:
Lillian B. Youell
Douglas D. Himes
CONSTrTUTIONIS CELEBRATION CCKNISSION
Lillian B. Youell served as Chairman of the Virginia Beach CONSTrrU7!IONIS
CELEBRATION CC24MISSION from January 1987 thru June 1988.
Douglas B. Himes served as a Member of the Virginia Beach CONSTI'RUTIONIS
CELEBRATION CCMMISSION from February 1987 thru August 1988.
Their dedication, commitment and unselfish service have involved personal
sacrifices and inconveniences, not only to themselves but frequently to the
family.
Item IV-E. 3.
PROCIANATION ITEM # 29903
Mayor Oberridorf PROCIAIKED September 1, 2, 3 and 5, 1988 as:
DISABLED A14ERICAN VETERANS
FCRGET-RE-NOT DAYS
Virginia Beach DAV Chapter 20 ACCEPTED this PROCLAMATION.
This PROCIAMATION recognized the DAV as offering free service to disabled
veterans and their families in filing claims for govermnent benefits and
assists disabled veterans with medical, employment, and other E)roblerns.
WHEREAS, our community has a continuing sense of
gratitude to those disabled veterans who did so much to
preserve the American way of life; and
WHEREAS, the Disabled American Veterans has worked
exclusively for the welfare of our disabled veterans; and
WHEREAS, Virginia Beach DAV Chapter 20 has been
established to carry on this work in our community; and
WHEREAS, the DAV offers free service to disabled
veterans and their families in filing claims for government
benefits and assists disabled veterans with medical, employ-
ment, and other problems; and
WHEREAS, the DAV meets emergency situations which may
arise in the family of a disabled veteran; and
WHEREAS, the DAV has chosen September, 1988 for its
annual "Forget-Me-Not" Campaign in our community and has
announced that all funds collected will be used for disabled
veterans in the coimnunity.
NOW, THEREFORE, I, Meyera E. Oberndorf, Mayor of the
City of Virginia Beach, do hereby proclaim September 1, 2, 3
and 5, 1988
DISABLED AMERICAN VETERANS
FORGET-ME-NOT DAYS
in Virginia Beach and urge all citizens and organizations to
support the Disabled American Veterans in this annual
campaign which will assist our veterans and their families.
IN WITNESS WHEREOF, I have hereunto set my hand and
caused the seal of the City of Virginia Beach, Virginia, to
be affixed this eighteenth day of August, nineteen hundred
and eighty-eight.
Meoyera E. Oberndorf
Mayor
1 9
Item IV-E.4.
ANNOUNCEMENT ITEM # 29904
ADD-ON
Mayor Oberndorf INTRODUCED Members of:
BOY SCOUR TROOP 67:
Mike Groff
Chris minorics
Jay Boydos
(Working on ODmmunications merit Badge & Citizenship Merit BiLdge)
BOY SCOUT TROOP 363
(Haygood)
Daniel Biediger
GIRL SCOUT TROOP 107
Christina Baez
working on leadership project)
GIRL SCOUT TROOP 462
(Pembroke)
Elizabeth Biediger
Erin Smith
2 0
Item IV-F. 1
PUBLIC BEARING ITEM # 29905
Mayor Meyera E. Oberndorf DBCIARED a PTMLIC HEARING on:
PLANNIEG
(a) A.R.C. CHIKNGE OF ZONING
(b) PAUL'S M(YROR CAMPANY CONDITIONAL USE PERMrr
(c) YA'IA CORPORATION CHNNGE OF ZONING
(d) FIASH, Inc. T/A SPEEDEE OIL CHANGE CONDITIONAL USE PERMIT
& TUNE UP
(e) EXXDN CCMPANY USA CONDITIONAL USE PERMIT
(f) LYLE T. AND MARY E. SMITH VARIANCE
(g) HOP-IN FOOD STCRES CONDITIONAL USE PERMIT
(h) JOHN S. AND EMILY M. HATHAWAY CHANGE OF ZONING
(i) EIGHT D CORPORATION CHKNGE CF ZONING
J. CZO AMENEMENTS
(1) Section 203(a) (38) S13DPPING CENTER PARKING
Section SA.4(a) SITE PLAN ORDINAWE - Interior
coverage requirements of
Parking Lot Landscape
Requirements.
(2) Article 14 WETLANDS ZONING ORDINANCE
(3) Article 16 COAS'IAL PRIMARY SAND DUNE
ZONING CRDINANCE
(4) Section 1522 SETBACK REQUIRE14ENTS IN THE R-
T3 DISTRICT
(5) Section 4.1(m) of Subdivision DESIGN STANDARDS FOR
Ordinance RESIDENTIAL STREETS
(6) Section 1001(a) USE REGUIATIONS IN INDUS'IRIAL
DISTRICTS
- 21 -
Item IV-F. 1 a.
PUBLIC REARING
PLANNING ITFM # 29906
Attorney Robert B. Crornwell, Pembroke One, Phone: 499-8971 represented the
applicant and requested this be REFERRED BACK TO THE PLANNING CCKMISSION to
ccme back as a Conditional Zoning.
Upon motion by Councilrnan Moss, seconded by Councilman Heischober, City Cbuncil
REFERRED BACK TO THE PIANNING CCMMISSION an Ordinance upon application of
A.R.C., INC. for a Change of zoning: (The applicant will bear the advertising
expenses and same will return as Conditional zoning.)
ORDINANCE UPON APPLICATION OF A.R.C., INC. FOR A
CEkNGE OF ZONING DISTRICT CIASSIFICATION FRCM R-5D
TO B-2
Ordinance upon application of A.R.C., Inc. for a
Change of Zoning District Classification fr(xn R-5D
Residential District to B-2 Cornmunity-Business
District on certain property located on the north
side of Kempsville Road, 602 feet west of
Centerville @rnpike. Said parcel contains 7.98
acres. Plats with more detailed information are
available in the Department of Planning. KEMSPVILLE
BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Myor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 22 -
Item IV-F.I.b.
PUBLIC HEARING
PLANNING ITEM # 29907
Delegate Glen Croshaw, Post Office Box 61888, Phone: 490-6000, represented the
applicant
Paul N. Sutton, Owner/President of Paul's Motor Company
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
ADOPTED an Ordinance upon application of PAUL'S MOTOR COMPANY for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF PAUL'S MOTOR COMPANY
FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE
REPAIR ESTABLISHMENT R08881164
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA
Ordinance upon application of Paul's Motor Company
for a Conditional Use Permit for an automobile
tablishment on Lots 37, 38, 39, 40, Block
repair es
9, East Norfolk. Said parcel is located at 128
Happy Street and contains 25,003.44 square feet.
KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. Existing trees must be maintained along the subject
site's perimeter to the south and west.
2. The landscaping on the cul-de-sac, where the
"butternut" fence currently resides, shall be
improved.
3. The repair garage must be completely enclosed with
appropriate screening as determined
4. There shall be no bulk storage of automobiles. The
City Staff shall examine the vehicle compound
periodically to be assured, it is not being
utilized for bulk storage.
5. Tf any zoning violations exist, the site must be
brought into compliance.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
Second of August, Nineteenth Hundred and Eighty-eight.
- 23 -
Item IV-F. 1 b.
PUBLIC HEARING
PLANNING ITEM # 29907 (Continued)
Voting: 10-0
Council members Voting Aye:
Albert W. Balko, John A. Bato, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and Williarn D. Sessoms, Jr.
Council Members Voting Nay:
None
Council @mbers Absent:
Reba S. McClanan
2 4
Item IV-F.l.c.
PUBLMC HFARING
PLANNING ITEM # 29908
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
Upon motion by Councilwoman Henley, seconded by ODuncilman Moss, City (buncil
DEFERRED two weeks until the City Council Meeting of September 6, 1988, an
Ordinance upon application of YATA CORPORATION for a Change of Zoning. 'Ihis
DEFERRAL will enable consultation with the applicant's Engineer regarding
AMENDING the application to R-30 rather than R-1 5.
ORDINANCE UPON APPLICATION OF YATA CORPORATION FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION
Ordinance upon application of Yata Corporation by
Bob Josephberg, President, for a Change of Zonina
District Classification from AG-2 Agricultural
District to R-15 Residential District at the
northwest terminus of Sea Scape Road on L<)ts 6 & 7,
Shipps Bay. Said parcel contains 3.57 acres. PUNGO
BOROUGH.
Voting: 10-0
Council members Voting Aye:
Albert W. Balko, John A. Batun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, @yor Meyera E. Cberndorf, %ncy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council members Absent:
Reba S. McClanan
- 25 -
Item IV-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 29909
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant
John Perros, President, Flash, Inc. T/A Speedee Oil Change & Tune Up,
represented himself and presented an amended site plan. The proposed structure
will contain 2,940 square feet (Said plan is herby made a part of the record.)
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of FLASH, INC., T/A SPEEDEE OIL CHANGE &
TUNE UP for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FLASH INC., T/A
SPEEDEE OTL CHANGE & TUNE UP FOR A CONDITIONAL USE
PERMIT R08881165
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH, VIRGINIA
Ordinance upon application of Flash, Inc., T/A
Speedee Oil ChAnge & Tune-Up for a Conditional Use
Permit for an automobile repair establishment on
certain property located at the northwest corner of
Laskin Road and First Colonial Road. Said parcel
contains 20,350 square feet. More detailed
information is available in the Department of
Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. A variable width right-of-way reservation is
required along the entire First Colonial Road
frontage to provide for an ultimate six (6) lane
divided highway with a bikeway. Up to approximately
twelve (12) feet of right-of-way dedication will be
required. The exact reservation will be determined
during detailed development review. A reservation
agreement shall be executed.
2. The old building shall be removed and a new
building erected on this site
3. Public restrooms shall be provided.
4. The utilization of best management practices for
controlling stormwater runoff which are reasonably
applicable to the development of the site.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-
Second of August, Nineteenth Hundred and Eighty-eight.
2 6
Item IV-F.l.d.
PU13LIC HEARING
PLANNING TTEM # 29909 (Continued)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Myor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Nhmbers Voting Nay:
None
Council Members Absent-
Reba S. McClanan
- 27 -
Item IV-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 29910
Attorney James Pickrell represented the applicant and requested DEFERRAL in
order to prepare design changes.
Upon motion by Councilman Moss, seconded by Councilman Sessoms, City Council
DEFERRED until the City Council Meeting of September 26, 1988 an Ordinance upon
application of EXXON COMPANY, UIS.A. Councilman Moss requested rather than the
existi.ng two (2) curb cuts on Holland Road, the applicant consider having one
curb cut with a deceleration lane, the furtherest distance from South Plaza
Trail on Holland Road. Councilman Moss also requested heavy landscaping.
ORDINANCE UPON APPLICATION OF EXXON CO@IPANY, U.S.A.
FOR A CONDITIONAL USE PERMIT FOR A CAR WASH AND GAS
PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE
Ordinance upon application of Exxon Company,
U.S.A., for a Conditional Use Permit for a car wash
and gas pumps in conjunction with a convenience
store on certain property located at the northwest
intersection of Holland Road and South Plaza Trail.
Said parcel is located at 4240 Holland Road and
contains 42,869.87 square feet. More detailed
information is available in the Department of
Planning. KEMSPVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
I
- 28 -
Item IV-F.l.f.
PUBLTJC HEARING
PLANNING ITEM # 29911
Lyle T. S[nith, 2033 Salem Road, Phone: 471-1192, the applicant represented
himself and requested INDEFINITE DEF@L until the fate of Ware lieck Road is
resolved.
Upon motion by (buncilman Moss, seconded by Councilvnman Parker, City ODuncil
DEFERRED INDEFINITELY until the resolution of Ware Neck Road, the application
of LYLE T. AND MARY E. SMITH for a Variance to Section 4.4(b) of the
Subdivision Ordinance, that all lots created in the R-6 Residential District
have a lot width of 75 feet.
Appeal from Decisions of Administrative officers in
regard to certain elernents of the Subdivision
Ordinance, Subdivision for Lyle T. & Mary E. Smith.
Property is located at 2033 Salem Road. Plats with
more detailed information are available in the
Department of Planning. KEMPSVILLE BOROUGH.
Voting: 10-0
Council @mbers Voting Aye:
Albert W. Balko, John A. Baum, Vice mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Dbyor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 29 -
Item IV-F.l.g.
PUBLIC H@ING
PLANEING ITEM # 29912
Attorney Charles M. Salle', 1 92 Ballard Court, Phone: 490-3000, represented the
applicant and requested WITHDRAWAL of the application
OPPOSITION:
H. L. Gordner, 1928 Weybridge Circle, Phone: 427-6858, was not in OPPOSITION to
the WITHDRAWAL and WAIVED his right to speak
Lee Banks, 1901 Jack @ost Road, represented the Oouncil of Civic Organizations
and advised on August 1 0, 1988, General @eting of the Council of Civic
Organizations of virginia Beach, the CCO went on record as OPPOSING the wide
spread indiscriminate proliferation of convenience food stores throughout the
the City.
Charles Tracy, 1116 Eaglewood, represented the Redwing Civic @ague, and WAIVED
his right to speak.
Me City Clerk referenced letter of August 18, 1988, from Attorney Charles M.
Salle' requestirig WITHDRAWAL.
Upon motion by Councilman Perry, seconded by ODuncilman Heischober, City
Council ALLOWED WITHDRAWAL of the Ordinance upon application of HOP-IN FOOD
STCRES for a Cbnditional Use Permit:
ORDINANCE UPON APPLICATION OF HOP-IN FOOD STORES,
INC., A CONDITIONAL USE PERAIT FCR GASOLINE SALES
IN CONJUNCTION WITH A CONVENIENCE STORE
Ordinance upon application of Hop-In Food Stores,
Inc., for a Conditional Use Permit for gasoline
sales in conjunction with a convenience store on
certain Froperty located at the northwest
intersection of General Booth Bc)ulevard and Ruffian
Road. Said parcel contains 37,897 square feet.
Plats with more detailed information are available
in the Department of Planning. PRINCESS ANNE
BCROUGH.
Voting; 10-0
Council members Voting Aye:
Albert W. Lalko, John A. Baum, Vice @yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, %yor Myera E. Oberndorf, Mncy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 30 -
Item TV-F.I.h.
PUBLIC HEARING
PLANNING ITEM # 29913
Attorney Robert B. Cromwell, Pembroke One, Phone: 499-8971 represented the
applicant, distributed a petition in support of the application and submitted
an agreement of conditions.
A M(YTION was made by Councilman Moss, seconded by Councilwoman Parker to DENY
an Ordinance upon application of JOHN S. and EMILY M. HATHAWAY for a Zoning
District Classification from R-10 Residential District to 0-1 Office District,
located on the East side of Overland Road, 178.15 feet South of Amberly Road,
at 324 Overland Road, containing 16,552.80 square feet (Kempsville Borough).
Councilman Moss advised although the proposed use is in keeping with general
land use recommendation for this site, it does not appear to be compatible with
adjacent residential areas and thus is not in keeping with the general intent
of the Comprehensive Plan for this area.
A SUBSTITUTE MTION was made by Councilman Perry, seconded by Councilman Baum
to ADOPT an Ordinance upon application of JOHN S. and EMILY M. HATHAWAY for a
Zoning District Classification from R-10 Residential District to 0-1 Office
District, located on the East side of Overland Road, 178.15 feet South of
AmberTy- Road, at 324 Overland Road, containing 16,552.80 square feet
(Kempsville Borough). The following conditions shall be required: (1) A 10-
foot buffer and Category T screening will be required along the northern
property line which is adjacent to residential uses. (2) Where feasible,
existing on-site trees must be preserved. An approvable detailed tree
protection plan must be submitted to the City Arborist for review. (3) The
utilization of best management practicesro for controlling stormwater runoff
which are reasonably applicable to the development of the site. (4) There shall
be no signage on building. (5) An agreement encompassing conditions shall be
recorded with the Clerk of the Circuit Court; (6) Further conditions may be
required during the administration of applicable City Ordinances.
Voting: 5-5 (MOTION LOST TO A TIE VOTE on SUBSTITUTE MOTION)
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober and John L. Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms
Council Members Absent:
Reba S. McClanan
- 31 -
Item IV-F. 1 h.
PUBLI)C HEARING
PLANNING ITEM # 29913 (Continued)
Upon motion by Councilwoman Parker, secorided by Councilman Moss, City Council
DEFERRED until the City Council Meeting of September 6, 1988, an Ordinance upon
application of JOHN S. and EMILY M. HATHAWAY for a Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF JOHN S. AND EMILY M.
@THAWAY FOR A CHANCE OF ZONING D ISIR IC T
CLASSIFICATION FRCM R-10 TO 0-1
Ordinance upon application of John S. and Bmily M.
Hathaway for a Change of Zoning Di str ic t
Classification from R-10 Residential District to
0-1 Office District on certain property located on
the east side of Overland Rc)ad, 178.15 feet south
of 7mberly Road. Said parcel is located at 324
Overland Road and contains 16,552.80 square feet.
Plats with more detailed information are available
in the Department of Planning. KEMPSVILLE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Myera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 32 -
Item IV-F. 1 i .
PLMLTJC HEARING
PLA,NNING ITEM # 29914
Al Etheridge, 821 0 oceanfront, Phone: 491-0580, part owner, represented the
applicant and requested WITHDRAWAL to allow the application to be presented to
the Planning Cornmission at a later date as a 10-acre parcel rather than a 5.38
acres.
Fred Schmitt, 2037 Grey Fbx, Phone: 468-4669, registered in OPPOSITION but %us
not OPPOSED to the WITHDRAWAL.
Sandra 'Minter, 2140 Kenwood Drive, Phone: 427-1929, represented the Red Mill
Farm civic Association/oc)urthouse Sandbridge Ooalition, registered in
OPPOSITION but @s not OPPOSED to the WI'rH@WAL.
Upon motion by Councilman Perry, seconded by Councilman Balko, City Oc)uncil
ALLOWED WRTHDRANAL of an ordinance upon application of EIGHT D CCRPORATION for
a Change of Zoning District:
CRDINANCE UPON APPLICATION OF EIGHT D CORPORATION
FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO B-2
Ordinance upon application of Eight D Corporation
for a Change of Zoning District Classification from
AG-2 Agricultural District tc> B-2 Commimity
Business District on certain property located on
the east side of General ]3ooth Boulevard, 180 feet
more or less north of Culver Lane. Said parcel
contains 5.38 acres. More detailed information is
available in the Department of Planning. PRINCESS
ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Myor @yera E. Cberndorf, Mncy K. Parker,
Jobn L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
33 -
Item IV-F. 1 j . (la
PUBLTJC HEARING
PLANNING ITEM # 29915
Upon motion by councilman Heischober, secorided by Vice Mayor Fentress, City
Council DEFERRED for thirty (30) days until the City Council Meeting of
September 26, 1988:
Ordinance to amend and Reordain Article 2, Section
203(a) (38) of the City 7,oning Ordinance Pertaining
to Shopping Center Parking.
Voting-. 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baun, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Heriiey, John
D. MOSS, Mayor Meyera E. Oberndorf, %ncy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council @mbers Voting Nay:
None
Council Members AlDsent;
Reba S. McClanan
- 34 -
Item IV-F. 1 (1 b)
PUBLIC HEARING
PLANNING ITEM # 29916
Upon motion by Cc)uncilwoman Parker, seconded by Councilman Heischober, City
Council DEFERRED for thirty (30) days until the City Ccuncil Meeting of
September 26, 1988:
ordinance to Arnend and Reordain Section 5A.4 of the
Site Plan Ordinance pertaining to Interior Coverage
Requirements of the Farking Lot landscaping
requirements.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Eaum, vice mayor Robert E.
Fentress, Harold Heischober, Barbara M. Hen]-ey, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoifts, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 35 -
Item IV-F.I.j.@2@3
PUBLIC HEARING IT@l # 29917
PLANNING
Upon motion by Councilwoman Henley, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to Amend and Reordain Article 14
pertaining to the Wetlands Zoning Ordinance.
AND,
Ordinance to Amend and Reordain Article 16
pertaining to the Coastal Primary Sand Dune Zoning
Ordinance.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDIMNCE TO AMEND AND REORDAIN
2 ARTICLE 14
3 PERTAINING TO THE WETLANDS ZONING ORDIMNCE
4
.5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6
7 That Article 14 of the City Zoning Ordinance of the City of Virginia
8
9 Beach, Virginia is hereby amended and reordained as follows:
10
11
12 ARTICLE 14. WETLANDS ZONING ORDINANCE
13
14 Sec. 1400. Intent.
15
16 The governing body of the City of Virginia Beach, acting pursuant
17 to Chapter 2.1 of Title 62.1 of the Code of Virginia, for the purposes
18 of fulfilling the policy and standards set forth in such chapter,
19 adopts this article regulating the use and development of wetlands.
20
21 Sec. 1401. Definitions.
22
23 For the purposes of this eFd4Rance article:
24
25 (a) !-Commission!' means the Virginia Marine Resources Commission.
26
27 (b) !-Commissioner!-' means the Commissioner of the Virginia Marine
28 Resources Commission.
29
30 (c) tPerson2 means any corporation, associationt or partnership,
31 one or more individuals, or any unit of government or agency thereof.
32
33 (d) EGoverrinental activityl' means any or all of the services
34 provided by the Commonwealth or the City of Virginia Beach to its
35 citizens for the purpose of maintainingpublic facilities and shall
36 include but shall not be limited to such services as constructing,
37 repairing and maintaining roads, sewage facilities, supplying and
38 treating water, street lightst and construction of public buildings.
39
4o (e) !-Vegetated wetlands!'- means all thdt land lying between and
41 contiguous to mean low water and an elevation above mean low water
42 equal to the factor 1.5 times the mean tide range dt the site of the
43 proposed project in the City of Virginia Beach; and upon which is
44 growing on July 1, 1972, or grows thereon subsequent thereto, any one
45 or more of the following: saltmarsh cordgrass (Spartina alterniflora),
46 saltmeadow hay (Spartina patens), Sdltgrass (Distichlis spicata), black
47 needlerush (Juncus roemeri anus) , saltviort (Sdl icorni a spp.) , sea 1 avender
48 (Limonium spp.), marsh elder (Iva frutescens), groundsel bush (Baccharis
49 halimifolia), wax myrtle (Myrica sp.), sea oxeye (Borrichia frutescens),
50 arrow arum (Peltandra virginica), pickerelweed (Pontederia cordata),
51 big cordgrass (Spartina cynosuroides) , rice cutgrass (Leersia oryzoides) ,
52 wildrice (Zizania aquatica), bulrush (Scirpus validus), spikerush
53 (Eleocharis sp.), sea rocket (Cakile edentula), southern wildrice
54 (Zizaniopsis Milidcea), cattails (Typha spp.), three-squares (Scirpus
68
55 spp.), buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium
56 distichum), black gum (Nyssa sylvatica) tupelo (Nyssa aquatica), dock
57 (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane (Pluchea
58 purpurascens), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus
59 moscheutos), beggar's tick (Bidens sp.). smartweeds (Polygonum sp.),
60 arrowhead (Sagittaria spp.), sweet flag (Acorus calamus), water hemp
61 (AMdranthuscannabinus),reedgrass(Phragmitescommunis),andswitchgrass
62 (Panicum virgatum).
63 The vegetdted wetlands of Back Bay and its tributaries and the
64 vegetdted wetlands of the North Landing River and its tributaries shall
65 meanallmarshessubjecttofloodingbynormaltides, includingwindtides,
66 provided this shall not include hurricane or tropical storm tides, and
67 upon which one or more of the following vegetation species are growing
68 or grows thereon subsequent to the passage of this dmendment: saltmdrsh
69 cordgrass (Spartina alterniflora), saltmeadow hay (Spartind patens),
70 black needlerush (Juncus roemerianus), marsh elder (Iva frutescens),
71 groundsel bush (Baccharis halimifolid), wax FRyrtle (Myrica sp.), arrow
72 drum (Peltandrd virginica), pickerelweed (Pontederia cordatd), big
73 cordgrass (Spartind CYnosuroldes), rice cutgrass (Leersia oryzoides),
74 wildrice (Zizania aquatica), bulrush (Scirpus Vdlidus), spikerush
75 (Eleocharis sp.), cattails (Typha spp.), three-squares (Scirpus spp.),
76 dock (Rumex sp.), smartweed (Polygonum sp.). yellow pond lily (Nuphdr
77 sp.). royal fern (Osmunda regalis), marsh hibiscus (Hibiscus moscheutos),
78 beggar's tick (Bidens sp.), arrowhead (Sagittaria sp.), water hemp
79 (Amaranthus cannabinus), reed grass (Phragmites communis), and switch
80 grass (Panlcum virgatum).
81
82 (f) awetlands boarda or bLBoard2 medns a board created as provided
83 in 62.1-13.6 of the Code of Virginia.
84
85 (g) !-Back Bay and its tributariesl' means the following as shown
86 on the U.S. Geological Survey Quadrangle Sheets for Virginia Beach,
87 North BdY, and Knotts Islandi: Back Bay north of the Virginia-North
88 Carolina s$tate line; Capsies Creek north.of the Virginia-North Carolina
89 sgtate line; Deal Creek; Devil Creek; Naviney Creek; Redhead Bay, Sand
90 -ffay, Shipps Bay, North Bay, and the waters connecting them; Beggars
91 Bridge Creek; Muddy Creek; Ashville Bridge Creek; Hells Point Creek;
92 Black Gut; and all coves, ponds and natural waterways adjacent to or
93 connecting with the above-named bodies of water.
94
95 (h) L'North Landing River and its tributaries2 means the following
96 as based on United States Geological Survey Quadrangle Sheets for
97 Pleasant Ridge, Creeds, and Fentress: the North Landing River from the
98 Virginia-North Cdrolina line to Virginia HighwdY 165 at North Landing
99 Bridge; the Chesapeake and Albemarle Canal from Virginia Highway 165 at
100 North Landing Bridge to the locks at Great Bridge; all named and unnamed
101 stredms, creeks and rivers flowing into the North Landing River and the
102 Chesapeake and Albemarle Candl except the following: West Neck Creek
103 north of Indian River Road; Pocaty River west of Bldckwater Road;
104 Blackwater River west of its forks located at a point approximately
105 6400 feet due west of the point where the Blackwater Road crosses the
106 Blackwater River at the village of BlackWdter; Millbdnk Creek west of
107 Blackwater Road.
lQ8
;69
109 (i) anonvegetated wetlandsa means all that land lying contiguous
110 to mean low water and which land is between mean low water and mean
ill high water not otherwise included in the term "vegetated wetlands" as
112 defined herein and also includes those unvegetdted dreas of Bdck Bay
113 dnd its tributaries and the North Ldnding River and its tributaries
114 subject to flooding by normal tides including wind tides but not including
115 hurricane or tropical storm tides.
116
117 (j) aWetlandsR means both vegetated and nonvegetated wetldnds.
118
119 Sec. 1402. Uses.
120
121 The following uses Of dnd activities on wetlands are permitted, if
122 otherwise permitted by law:
123
124 (a) The construction and Mdintenance of noncommercial catwalks,
125 piers, bodthouses, boat shelters, fences, duckblinds, wildlife management
126 shelters, footbridges, observdtion decks and shelters and other similar
127 structures; provided that such structures are so constructed on pilings
128 as to permit the reasonably unobstructed flow of the tide and preserve
129 the natural contour of the wetlands;
130
131 (b) The cultivation and hdrvesting of shellfish and worms for bait;
132
133 (c) Noncommercial outdoor recreationdl activities, including
134 hiking, boating, trapping, hunting, fishing, shellfishing, horseback
135 riding, swimming, skeet and trap shooting. and shooting preserves;
136 provided that no structure shall be constructed except ds permitted in
137 subsection (a) of this section;
138
139 (d) The cultivation and harvesting of agricultural, forestry or
140 horticulturdl products; grazing ind haying;
141
142 (e) Conservation, repletion and research activities of the Virginia
143 Marine Resources Commission, the Virginia'lnstitute of Marine Science,
144 the Department of Game and Inland'Fisheries and other related conservation
145 agencies;
146
147 (f) The construction aRd Or maintenance of aids to navigation
148 which are authorized by governme@tal authority;
149
150 (g) Emergency decrees of any duly appointed health officer of a
151 governmental subdivision acting to protect the public health;
152
153 (h) The normal maintenance, repair or addition to presently
154 existing roads, highways, railroad beds, or the facilities of any
155 person, firm, corporation, utility, federal, State, county, city or
156 town abutti ng on or crossi ng wetl ands, provi ded that no Wdterway i s al tered
157 and no additional wetlands are covered;
158
159 (i) Governmental activity on wetldnds owned or ledsed by the
160 Comonwealth of Virginia, or d POlitiCal subdivision thereof; and
161
162
70
163 (j) The normal maintenance of man-made drainage ditches, provided
164 that no additional wetlands are covered; and provlded further, that
165 this pdragraph shall not be deemed to authorize construction of any
166 drainage ditch.
167
168 Sec. 1403. Applications for pennits.
169
170 (a) Any person who desires to use or develop any wetland within
171 this city, other than for those activities specified in section 1402
172 above, shall first file an applicdtion for a permit with the wetlands
173 board directly or through the Commlssion.
174
175 (b) An application shall include the following: The name and
176 address of the applicant; a detailed description of the proposed activity
177 dnd a map, drawn tO dn appropriate and uniform scale, showing the drea
178 of wetland directly affected, with the location of the proposed work
179 thereon, indicating the area of existing and proposed fill and excavation,
180 especially the location, width, depth and length of any proposed channel
181 and the disposal ared; all existing and proposed structures; sewage
182 collection and treatment facilities, utility installations, roadways,
183 and other re7lated appurtenances or facilities, including those on
184 ddjacent uplands, and the type of equipment to be used and the means of
185 equipment access to the activity site; the names and addresses of
186 owners of record Of ddjdcent land and known claimants of water rights
187 in or adjacent to the wetland of whom the applicant has notice; an
188 estimate of cost; the primary purpose of the project; any secondary
189 purposes of the project, including further projects; the public benefit
190 to be derived from the proposed project; a complete description of measures
191 to be tdken during and after the alteration to reduce detrimental off-site
192 effects; the completion date of the proposed work, project, or structure
193 and such additional materials and documentation dS the wetlands board
194 may deem necessary.
195
196 (c) A nonrefundable processing fee to cover the cost of processing
197 the application, set by the applicable governing body with due regard
198 for the services to be rend6red, Including the time, skill and
199 administrator's expense involved, shall accompany each dpplication.
200
201 Sec. 1404. Public inspection of permit applications, maps. etc.
202
203 All applications, maps, and documents relating thereto shall be
204 open for public inspection at the office of the city engineer.
205
206 Sec. 1405. Public hearing procedure on permit applications.
207
208 Not later than sixty (60) days after receipt of such application,
209 the wetlands board shall hold a public hedring on such dpplication.
210 The applicant, the local governing body, the Commissioner, the owner
211 of record of any land adjacent to the wetlands In question, known
212 claimants of water rights in or adjacent to the wetlands in question,
213 the Virginia Institute of Marine Science, the DePdrtment of GdMe dnd
214 Inland Fisheries, the Virginia Water Control Board, the Department of
215 Transportation and governmental agencies expressing dn interest therein
216 shall be notified by the board of the hearing by mail not less than
71
217 twenty (20) days prior to the date set for the hearing. The wetlands
218 board shall also cause notice of such hearing to be published at least
219 once a week for two (2) weeks prior to such hearing in the newspaper
220 having a general circuldtion in the City of Virginia Beach. Such
221 notice shall contain a statement that copies of such application may be
222 examined in the office of the city engineer. The costs of such publication
223 shall be paid by the applicant.
224
225
226 Sec. 1406. Action of board on permit application.
227
228 In acting on any applicdtion for d permit, the board shall grant
229 the application upon the concurring favorable vote of four (4) members.
230 The chdirman of the board, or in his absence the dcting chdirmdn, may
231 ddminister oaths and compel the attenddnce of witnesses. Any person
232 may appear and be heard at the public hearing. Each witness at the
233 hearing may submit a concise written statement of his testimony. The
214 board shall make a record of the proceeding, which shall Include the
235 application, any written statements of witnesses, a summary of statements
236 of all witne sses, the findings and decision of the board, dnd the
237 rationale for the decision. The board shall make its determination
238 within thirty (30) days from the hearing. If the board fails tO dCt
239 within such time, the application shall be deemed approved. Within
240 forty-eight (48) hours of its determination, the board shall notify the
241 applicdnt and the Commissioner of such determination and, if the board
242 has not made a determination, it shall notify the applicant and the
243 Comission thdt thirty (30) days has PdSsed and thdt the application is
244 deemed approved. The term "act" referenced above shall be the action
245 of taking a vote on the dpplication. If the application receives less
246 than four (4) concurring favordble votes, this will be a determindtion
247 to deny the permit.
248 The board shall transmit a copy of the permit to the Commissioner.
249 If the application is reviewed or appealed, then the board shall transmit
250 the record of its hearing to the Commissioner. Upon a final determination
251 by the Commission, the record shall be 1eturned to the board. The
252 record shall be open for publi@ Inspection at the office of the city
253 engineer.
254
255
256 Sec. 1407. Bondirig requirements; suspension or revocation of permit.
257
258 The board may require a reasonable bond in an amount and with
259 surety and conditions sdtiSfdCtory to it securing to the City of Virginia
260 Beach compliance with the conditions and limitations set forth in the
261 permit. The bodrd may, after hearing as provided herein, suspend or
262 revoke a permit if the board finds that the applicant has failed to
263 comply with any of the conditions or limitations set forth in the
264 permit or has exceeded the scope of work as set forth in the application.
265 The board after hearing may suspend a permit if the applicant fails to
266 comply with the terms and conditions set forth In the application.
267
268
269
270
i 72
271 Sec. 1408. Review procedure; grant or denial of permit.
272
273 (a) In making its decision whether to grant, to grant in modified
274 form, or to deny an application for a permit, the board shall base its
275 decision on these factors:
276
277 (1) Such matters raised through the testimony of any person in-
278 support of or in rebuttal to the permit application.
279
280 (2) Impact of the development on the public health and welfare as
281 expressed by the policy and standards of Chapter 2.1 of Title
282 62.1 of the Code of Virginia and any guidelines which may
283 have been promulgated thereunder by the Commission.
284
285 (b) If the board, in,applying the standards above, finds that the
286 anticipated public and private benefit of the proposed activity exceeds
287 the anticipated public and private detriment and that the proposed
288 activity would not violate or tend to violate the purposes and intent
289 of Chapter 2.1 of Title 62.1 of the Code of Virginia and of this article,
290 the board shall grant the permit, subject to any reasonable condition
291 or modification designed to minimize the impact of the activity on the
292 ability of the City of Virginia Beach to provide governmental services
293 and on the rights of any other person to carry out the public policy
294 set forth in Chapter 2.1 of Title 62.1 of the Code of Virginia and in
295 this article. Nothing in this section shall be construed as affecting
296 the right of any person to seek compensation for any injury in fact
297 incurred by him because of the proposed activity. If the board finds
298 that the anticipated public and private benefit from the proposed
299 activity is exceeded by the anticipated public and private detriment or
300 that the proposed activity would violate the purposes and intent of
30i ChdPter 2.1 of Title 62.1 of the Code of Virginid and of this article,
302 the board shall deny the permit applicatlon with leave to the applicant
303 to resubmit the application in modified form.
304
305
306 Sec. 1409. Permits to be in @iting, signed and notarized.
307
308 The permit shall be in writing, signed by the chairman of the
309 board and notarized. No permit granted by the wetlands board shall
310 affect in any way the dPPlicable zoning and land use ordinances of the
311 City of Virginia Beach.
312
313
314 Sec. 1410. Expirdtion date and extensions of permits.
315
316 No permit shdll be granted without an expiration date, and the
317 board, in the exercise of its discretion, shall designate an expiratlon
318 date for completion of such work specified in the permit from the date
319 the board granted such permit. The board, however, may, upon proper
320 application therefor, grant extensions.
321
322
323
324
73
325 S6c. 141 1. Emergency sand grading activities on nonvegetated wetlands
326 located on the Atlantic shoreline of Virginia Beach.
327
328 Notwithstanding the provisions of sections 1401 through 1410, Sdnd
329 grading activities are permitted on nonvegetated wetlands located on
330 the Atldntic shoreline of the City of Virginia Beach If otherwise
331 permitted by law, dnd if the city manager has declared an emergency and
332 has issued a permit for this purpose. Such activities may be conducted
333 without advance notice dnd hearing; however, the city manager, upon
334 request dnd after redSOnable notice as to time and place, shall hold a
335 hedring to affirm, modify, amend, or cancel such emergency permit.
336 "Emergency," as used in this section, means a sudden dnd unforeseeable
337 occurrence or condition, either as to its onset or as to its extent, of
338 such disastrous severity or magnitude that goverrimental action beyond
339 thdt authorized or contemplated by existing law is required because
340 governmentdl indction for the period required to dmend the IdW to meet
341 the exigency would work immediate and Irrevocable harm upon the citizens
342 of the Commonwealth or some clearly defined portion or portions thereof.
343
344 Sec. 1412. Conducting activity without permit.
345
346 No person shall conduct any activity which would require d permit
347 under this article unless he hdS a permit therefor.
348
349 Sec. 1413. Investigations and prosecutions.
350
351 The wetlands board shall have the authority to investigdte all
352 projects, whether proposed or ongoing, which alter wetlands located
353 within the City of Virginia Beach. The wetlands board shdll have the
354 power to prosecute all violations of any order of such board, or any
355 violation of any provision of the wetlands zoning ordinance contdined in
356 section 62.1-13.5 of the Code of Virginia or in article 14 of the
357 zoning ordindnce of the City of Virginid Beach, Virginia.
358 1
359 Sec. 1414. Reporting, site inspections and notice to ccxnply; wetlarids
360 board to issue stbp work order.
361
362 (a) With respect to permits required pursuant to Title 62.1,
363 ChdPter 2.1 of the Code of Virginia or Article 14 of the zoning ordinance
364 of the City of Virginia Beach, Virginia, the board chairman may require
365 of the person responsible for carrying out the provisions of the permit
366 such monitoring and reports as they may reasonably deem necessary.
367 With respect to any reported activity not authorized by the dforementioned
368 chapter or article or with respect to the violation of any permit
369 issued pursuant thereto, they may direct such on-site inspections as
370 are deemed reasonably necessary to determine whether the measures
371 required by the permit are being properly performed, or whether the
372 provisions of the aforementioned chdpter or article are being violated.
373 Prior to conducting such inspections, notice shall be provided to the
374 resident owner, occupier or operator.
375 Such resident owner, occupier or operator shdll be given an
376 opportunity to accompany the site Inspector. If it is determined that
377 there iS d failure to comply with the permit, the board chdirmdn shall
3 7.8 serve notice upon the person who is responsible for Cdrrying out the
74
379 provis ions of thepermitat theaddress specif i ed byhim in his applicaiion
380 or by delivery at the site_ of the i)ermitted activities to the person
381 supervising such activities aild designated in the Dermlt to receive
382 such notice. Such notice shall set forth the measures needed for
383 compliance and the time within which such measures shall be completed.
384 Upon fdilure of such person to comply within the speclfled period, he
385 may be deemed to be in violation of this section and upon conviction
386 shall be subject to the penalties provided in this article.
387
388 (b) ISSUdnce of stop work order. - Upon receipt of a sworn complaint
389 of a substantial violation of Title 62.1, Chapter 2.1 of the Code of
390 Virginia or article 14 of the zoning ordindnce of the City of Virginia
391 Beach, Virginia from the designated enforcement officer, the board
392 chairman may, in co nuncti on with or subsequent tO d notice to comply
393 as specified in subs ectin(a) of this section, issue an order requiring
394 all or part of the activities on the site to be stopped until the
395 specified corrective measures have been taken. In the case Of dn
396 activity not authorized by the aforementioned chapter or article, or
397 where the dlleqed permit noncompliance iS CdUsing, or is in imminent
398 danger of causing, significant harm to the wetlands protected by the
399 aforementioned chapter or article, such an order may be issued without
400 regard to whether the person has been issued a notice to comply as
401 specified in subsection (a) of this section. Otherwise, such an order
402 Mdy be issued only after the permittee has failed to comply with such a
403 notlce to comply. The order shall be served in the same manner as a
404 notice to comply, and shall remain in effect for a period of seven (7)
405 days from the date of service pending application by the enforcing
406 authority, permit holder or the resident owner, occupier or operator
407 for appropriate relief to the circuit court of the City of Virginia
408 Beach, Virginia. Upon completion of corrective action, the order shall
409 immediately be lifted. Nothing in this section shall prevent the board
410 chairman from tdking any other action specified in section 62.1-13.16
411 of the Code of Virginia and section 1413 of this article.
412
413 (c) The duties of the board chairman prescribed in this section
414 may be delegated to their respective designees; however, such respective
415 designees shall not be those persons who are also desiqndted as enforcement
416 officers.
417
418 Sec. 14145. Violation of orders, rules and regulations.
419
420 Any person who knowingly, intentionally, negligently or continUdllY
4@l violates any order, rule or regulation of the Commission or of the
422 wetlands board or violates any provision of Title 62.1, Chapter 2.1. of
423 the Code of Virginia or this article of the zoning ordinance of the
424 City of Virginia Beach, Virginia, or any provision of a permit granted
425 by the wetlands board or the Commission pursudnt to Title 62.1, Chapter
426 2.1, of the Code of Virginia or this article of the zoning ordinance of
427 the City of Virginia Beach, Virginia shall be guilty of a misdemednor.
428 Following a conviction, every day the violation continues shdll be
429 deemed a separate offense.
430
431
432
75
433 Sec. 14156. Injunctions.
434
435 In addition to and notwithstanding the provisions of section 62.1-
436 13.18 of the Code of Virginid dnd sections 1413, 1414 and 1415 of this
437 article, upon petition of the wetlands o@ard to the circuit court of
438 the City of Virginia Bedch, the court may enjoin such unldwful act and
439 may order the person so acting unlawfully to take such steps as are
440 necessary to restore, protect and preserve the wetlands involved.
441
442 Sec. 14167. Exemptions.
443
444 Nothing in this article shall affect:
445
446 (1) Any project in vegetated wetlands commenced prior to July 1, 1972,
447 or any project in nonvegetated wetlands commenced prior to January
448 1, 1983; however, this section shall not be deemed to exclude from
449 reguldtion under this article any activity which expands or enlarges
450 upon a project already in existence or under construction at the
451 time of such date, except for those activities exempted under
452 section 62.1-13.5(3)(h);
453
454 (2) Any project or development in vegetated wetlands for which, prior
455 to July 1, 1972, or in nonvegetated wetlands for which, prior to
456 January 1, 1983, a plan or plan of development thereof has been
457 filed pursudnt to ordinance or other lawful enactment with either
458 an agency of the federal or state goverrinent, or with either the
459 planning commission, board of supervisors, or city council of the
460 jurisdiction in which the project or development IS IOCdted;
461
462 (3) Any project or development in vegetated wetlands, whether comenced
463 prior to July 1, 1972, and in nonvegetated wetldnds whether comenced
464 prior to January 1, 1983, if located or to be located in whole or
465 in part on ground or in an area an interest in which waS duthorized
466 by the General Assembly to be conveyed prior to July 1, 1972, for
467 vegetated wetlands and July 1, 1982" for nonvegetated wetlands;
468 and
469
470 (4) For the North Landing River and its tributaries exemptions (1) and
471 (2) above shall take effect July 1, 1975, for vegetated wetldnds,
472 and January 1, 1983, for nonvegetated wetlands.
473
474 For exemptions (1) and (2) herein to be effective, the project or
475 development must be certified as exempt by the Commission or Virginia
476 Beach Wetlands Board. The request for certification must be filed
477 prior to January 1, 1984. Projects or developments which have been
478 determined by the Comission or the Virginia Beach Wetlands Board prior
479 to July 1, 1982, to be exempt from the provisions of this chapter shall
480 be considered to be certified. If the request for certification is not
461 granted or denied within one hundred twenty (120) days from receipt of
482 request by the Commission or the Virginia Beach Wetlands Board, the
483 certification will be conclusively presumed to have been granted. The
484 time limitations and public hearing requirements imposed by section
485 62.1-13.5 shall not apply to the certification process. Upon request
486 by any person holding a certificdtion issued by the Commission or
@176
487 Virginia Beach Wetlands Board, the clerk of circuit court having
488 jurisdiction over the property on which the certified project is located
489 shall record such certification in the appropriate deed book of the
490 circuit court.
491
492
493
494 Adopted by the Council of the City of Virginia Beach. Virginia on
495 22nd Aqgust
496 the day of 1988.
77
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE 16
3 PERTAINING TO THE COASTAL PRIMARY SAND DUNE ZONIHG ORDIMNCE
4
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
6
7 That Article 16 of the City Zoning Ordinance of the City of Virginia
8
9Beach, Virginia Is hereby amended and reordained as follows:
10
11
12 ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
13
14 Sec. 1600. Intent.
15
16 The governing body of the City of Virginia Beach, acting pursuant to
17 Chapter 2.2 of Title 62.1 of the Code of Virginia, for the purposes of
18 fulfilling the policy and standards set forth in such chapter, adopts this
19 article regulating the use and development of coastal primary sand dunes.
20
21 Sec. 1601. Definitions.
22
23 For the purpose of this drticle:
24
25 (d) Commission shall mean the Virginia Marine Resources Commission.
26
27 (b) Commissioner shdll mean the Commissioner of the Virginid Mdrine
28 Resources Commission.
29
30 (c) County or city shall medn the governing body of such county
31 or city.
32
33 (d) Coastal primary sdnd dune, hereinafter referred to as "dune",
34 shall mean a mound of unconsoliddted sandy sail which is contiguous to
35 mean high water, whose landward and lateral 'limits are marked by a
36 chdnge in grade from ten (10) percent or greater to less than ten (10)
37 percent, and upon dny part of which is growing on July 1, 1980, or
38 grows thereon subsequent thereto, any one or more of the following:
39 American beach grass (Ammophilla breviliguldta); beach heather (Hudsonia
40 tometosa); dune bean (Strophostylis umbellata var, paludigena); dusty
41 miller (Artemisia stelleriana); Sdltmeadow hay (Spartina patens);
42 seabeach sandwort (Arenaria peploides); sed oats (UniOld paniculata);
43 sea rocket (Cakile edentula); seaside goldenrod (Solidago sempervirens);
44 and short dune grass (Panicum ararum). For purposes of this drticle
45 "coastal primary sand dune" shall not include any mound of sand, sandy
46 soil or dredge soil which has been deposited by Mdn for the purpose of
47 the tempordry stordge of such Mdteridl for later use.
48
49 (e) Goverrinental activity shall mean any or all of the services
50 provided by the Commonwealth or a county or city to Its citizens for
51 the purpose of maintaining public facilities and shall include but not
52 be limited to such services as construction, repairing and maintaining
53 roads, sewage facilities, supplying and treating water, street lights
54 and constructing public buildings.
79
1 (f) Wetlands board or board means the board created as provided
2for in section 62.1-13.6 of the Code of Virginia.
3
4 (g) Reach means a coastal segment of sandy beach fronting on the
5Chesapeake BdY (i) UPON which there is mutual Interaction of the forces
6of erosion, sediment transport and accr@tion, (ii) whose landward
7limit, where no coastal primary Sdnd dune Cdn be Identified, is defined
8by the nearest man-made impermeable structure or structures similarly
9IOCdted where a proposed structure is contemplated, or rodds or bulkheads
10 and (iii) lies within a county, clty or town which is receiving or has
11 received funds under the provisions of Chapter 21 (section 10-215 et
12 seq.) of Title 10 of the Code of Virginid. Whenever coastal primary
13 Sdnd dunes are referred to in this article, such reference shall also
14 include redches.
15
16 Sec. 1602. Uses.
17
18 The following uses of and activities on dunes are permitted if otherwise
19 permitted by law:
20
21 (a) The construction dnd maintenance of noncommercial walkways
22 which do not alter the contour of the coastdl primary sand dune;
23
24 (b) The construction and maintenance of observation platforms
25 which are not an integral part of any dwelling and which do not alter
26 the contour of the coastal primary sand dune;
27
28 (c) The planting of bedch grasses or other vegetation for the purpose
29 of stabilizing coastal primary sand dunes;
30
@i (d) The placement of sand fences or other material on or adjacent
32 to COdstal primary sand dunes for the purpose of stabilizing such
33 features, except that this provision shall not be interpreted to authorize
34 the placement of any material which presents a public health or Sdfety
35 hdzard;
36
37 (e) Sand replenishment activities of any private or public concern,
38 provided no sdnd shdll be removed frOM dny coastal primary sand dune unless
39 authorized by lawful permit;
40
41 (f) The normal maintenance of any groin. jetty. riprap, bulkhead
42 or other structure designed to control beach erosion which may abut a
43 coastal primary sand dune;
44
45 (g) The normal maintenance or repair of presently existing roads,
46 highways, railroad beds and facilities of the United States, this
47 Commonwealth or any of its counties or cities, or those of any person,
48 firm, corporation, or utility, provided no codstal primdry sand dunes
49 are altered;
50
51 (h) Outdoor recreational activities, provided that such activities
52 do not alter the naturdl contour of the coastal primary sand dune or
53 destroy its vegetation;
54
80
1 (i) The conservation and research activities of the Virginia Marine
2Resources Commission, the Virginia Institute of Marine Science, the
3Department of Game and Inland Fisheries and other related conservation
4agencies;
5
6 (j) The construction and maintenance of aids to navigation which
7are authorized by governmental authority;
8
9 (k) Activitiespursuanttoanyemergencydeclarationbythegoverning
10 body Of dny 1OCdl government or the Governor of the Commonwealth or any
11 public health officer for the purposes of protecting the public health
12 or safety; and
13
14 (1) Governmentdl activity on coastal primdry sand dunes owned or
15 leased by the Commonwedlth of Virginia or a political subdivision thereof.
16
17@Sec. 1603. AppliCdtions for permits.
i8
19 Any person who desires to use or alter any coastal primary sand dune
20 within the City of Virginia Beach, other than for those activities
21 specified in section 1602 herein, shall first file an dpplication with
22 the wetlands board dt the office of the city engineer in accordance
23 with section 4 of section 62.1-13.5 of the Code of Virginia. The
24 wetlands bodrd may estdblish a processing fee in dccordance with section
25 4 of section 62.1-13.5 of the Code of Virginia. No person shall be
26 required to file two (2) separdte applications for permits, if the
27 project to be undertaken would require that a permit be filed in accordance
28 with section 62.1-13.5 of the Code of Virginid as well as this drticle.
29 Under such circumstances, the fee accompanying the application required
30 by section 62.1-13.5 shdll also be the fee for the purpose of this article.
31
32 Sec. 1604. Public inspection of permit applications, maps, etc.
33
34 All applications, maps, and documents relating thereto shall be open
35 for public inspection at the office of the city engineer.
36
37 Sec. 1605. Public hearing procedure on permit applications.
38
39 Not Idter than sixty (60) days after receipt of such application. the
40 wetlands board shdll hold a public hearing on such dpplication. The
41 applicant. the local governing body, the Commissioner, the owner of
42 record of any ldnd ddjdcent to the COdStdl primary Sdnd dunes in question,
43 known Cldimants of water rights in or adjacent to the coastal primary
44 sand dunes in questi6n, the Virginia Institute of Marine Science, the
45 Department of Game and Inland Fisheries, the Virginia Water Control
46 Board, the Department of Transportation and governmental agencies
47 expressing an interest therein shall be notified by the board of the
48 hearing by mall not less than twenty (20) days prior to the ddte set
49 for the hearing. The wetlands board shall also cause notice of such
50 hedring to be published at least once d week for two (2) weeks prior to
51 such hearing in the newspaper having a general circulation in the City
52 of Virginia Beach. Such notice shall contain a statement that copies
53 of such application may be eXdMined in the office of the city engineer.
54 The costs of such publication shdll be paid by the applicant.
81
1Sec. 1606. Action of board on permit application.
2
3 In acting on any application for a permit, the board shall grdnt the
4application upon the concurring favorable vote of four (4) members. The
5chairman of the board, or in his absence the acting chairman, may
'6 administer oaths and compel the attendance of witnesses. Any person
7maY dppear dnd be heard at the public hearing. Each witness at the
8hearing may submit a concise written statement of his testimony. The
9board shall make a record of the proceeding, which shall include the
10 application, dny written statements of witnesses, a summary of statements
11 of all witnesses, the findings and decision of the board, and the
12 rationale for the decision. The board shall Mdke its determindtion
13 within thirty (30) days from the hearing. If the board fails to act
14 within such time, the application shall be deemed approved. Within
15 forty-eight (48) hours of its determination, the bodrd shall notify the
16 aPPliCdnt and the Commissioner of such determination and, if the board
17 has not made a determindtion, it shall notify the applicant and the
18 Commission that thirty (30) days has passed and the applicdtion is
19 deemed dpproved. The term "act" referenced above shall be the action
20 of tdking a vote on the application. If the dpPliCdtion receives less
21 thdn four (4) concurring favorable votes, this will be a determination
22 to deny the permit.
23
24 The board shall transmit a copy of the permit to the Commissioner.
25 If the dPPlication is reviewed or appealed, then the board shall transmit
26 the record of its hearing to the Comissioner. Upon a final determindtion
27 by the Commission, the record shall be returned to the board. The
28 record shall be open for public inspection at the office of the city
29 engineer.
30
31 Sec. 1607. Bonding requireinents; suspension or revocation of permit.
32
33 The board may require a reasonable bond or letter of credit in an amount
34 and with surety and conditions satisfactory to it securing to the City
35 of Virginia Beach complidnce with the conditions and limitations set
36 forth in the permit. The board may,'after hearing as provided herein,
37 suspend or revoke a permit if the board finds that the applicant has
38 failed to comply with any of the conditions or limitations set forth in
39 the permit or has exceeded the scope of the work as set forth in the
40 application. The bodrd after hedring may suspend a permit if the
41 applicant fails to comply with the terms and conditions set forth in
42 the application.
43
44 Sec. 1608. Review procedure; grant or denial of permit.
45
46 (a) In making its decision whether to grant, to grant in modified
47 form, or to deny an dPPlication for a permit, the board shall base Its
48 decision on the following factors:
49
50 (1) Such matters raised through the testimony of any person in
51 support of or in rebuttal to the permit application.
52
53 (2) Impact of the development on the public health and welfare as
54 expressed by the policy and Stdnddrds of Chapter 2.2 of Title
82
1 62.1 of the Code of Virginia and any guidelines which may
2 have been promulgated thereunder by the Commission.
3
4 (b) if the board, in applying the standards above, finds that the
5anticipated public and private benefit of the proposed activity exceeds
6the anticipated public and private detriment and that the proposed activity
7would not violate or tend to violate the purposes and intent of Chapter
82.2 of Title 62.1 of the Code of Virginia and of this article, the
9board shall grant the permit, subject to any reasonable condition or
10 modification designed to minimize the impact of the dCtiVitY on the
11 ability of the City of Virginia Beach to provide goverrimental services
12 and on the rights of any other person and to carry out the public
13 policy set forth in Chapter 2.2 of Title 62.1 of the Code of Virginia
14 and in this article. Nothing in this section shall be construed as
15 affecting the right of any person to seek compensdtion for any injury
16 in fact incurred by him because of the proposed activity. If the board
17 finds that the anticipated public and private benefit from the proposed
18 activity is exceeded by the anticipated public dnd privdte detriment or
19 that the proposed activity would violate the purposes and intent of
20 Chapter 2.2 of Title 62.1 of the Code of Virginia and of this article,
21 the board shall deny the permit application with leave to the applicant
22 to resubmit the application in modified form.
23
24 Sec. 1609. Permits to be in writing, signed and notarized.
25
26 The permit shall be in writing, signed by the chairman of the board and
27 notarized. No permit granted by the wetlands board shall affect in any
28 way the applicable zoning and land use ordinances of the City of Virginia
29 Beach.
30
31 Sec. 1610. Expiration date and extensions of permits.
32
33 No permit shall be granted without an expiration date, and the board,
34 in the exercise of its discretion, shall desigute an expiration date for
35 completion of such work specified in the permit' from the date the board
36 granted such permit. The board, how6ver, may, upon proper application
37 therefor, grant extensions.
38
39 Sec. 1611. Emergency sarid grading activities on sand duries located
40 on the Atlantic shoreline of Virginia Beach.
41
42 Notwithstanding the provisions of sections 1601 through 1610, sand
43 grading activities are permitted on coastal primary sand dunes located
44 on the Atlantic shoreline of the City of Virginia Beach if otherwise
45 permitted by law, and if the city manager has declared an emergency and
46 has issued a permit for thls purpose. Such activities may be conducted
47 without advance notice and hearing; however, the city manager, upon
48 request and after reasbnable notlce as to time and place, shall hold a
49 hearing to affirm, modify, amend, or cancel such emergency permit.
50 "Emergency," as used in this section, means a sudden dnd unforeseedble
51 occurrence or condltion, either as to its onset or as to its extent, of
52 such disastrous severity or magnitude that governmental action beyond
53 that authorized or contemplated by existing law is required because
54 governmental inaction for the period required to amend the law to meet
83
1the exigency would work immediate and irrevocable harm upon the citizens
2of the Commonwealth or some clearly defined portion or portions thereof.
3
4Sec. 1612. Conducting activity without permit.
5
6 No person shall conduct any activity which would require a permit under
7this article unless he has a permit therefor.
8
9Sec. 1613. Administrative. appellate and enforcement provisions.
10
11 In administering the provisions of this article and in order to provide
12 for appellate review and enforcement, the wetlands board shall bear all
13 those duties and responsibilities and follow those procedures specified
14 in sections 62.1-13.7 through 62.1-13.19 of the Code of Virginia in the
15 same manner and on the same basis as it administers and enforces article
16 14 of the zoning ordinance of the City of Virginia Beach, Virginia.
17
18 Sec. 1614. Investigations and prosecutions.
19
20 The wetlands board shall have the authority to investigate dll projects,
21 whether proposed or ongoing, which alter coastal primary sand dunes located
22 within the City of Virginia Beach. The wetlands board shall have the power
23 to prosecute all violations of any order of such board, or any violation
24 of any provision of the coastal primary sand dune zoning ordinance
25 contained in section 62.1-13.25 of the Code of Virginia or in article
26 16 of the zoning ordinance of the City of Virginia Beach, Virginia.
27
28 Sec. 1615. Reporting, site inspections and notice to comply; wetlands
29 board to issue stop work order.
30
31 (a) With respect to permits required pursuant to Title 62.1,
32 Chapter 2.2 of the Code of Virginia or artlcle 16 of the zoning ordinance
33 @f the City of Virginia Beach, Virginia, the board chairman may require
34 Tf- the person responsible for carrying out the provisions of the permit
35 such monitoring and reports as they may reasonably deem necessary.
36 With respect to any reported activity riot authorized by the aforementioned
37 @hapter or article or with respect to the violation of a ermit
38 Tssued pursuant thereto, they may direct such on-site inspections as
39 are deemed reasonably necessary to determine whether the measures
40 required by the permit are being properly performed, or whether the
41 provisions of the dforementioned chapter or article are being violated.
42 Prior to conducting such inspections, notice shall be provided to the
43 resident owner, occupier or operator.
44 Such resident owner, occupier or operator shall be given an
45 opportunity to accompany the site inspector. If it is determined that
46 there is a failure to comply with the permlt, the board chairman shall
47 serve notice upon the person who Is responsible for Cdrrying out the
48 provisions of the permit at the address specified by him in his application
49 or by delivery at the site of the permitted activities to the person
50 supervising such activities and designated in the permit to receive
51 such notice. Such notice shall set forth the measures needed for
52 compliance and the time within which such medsures shall be completed.
53 Upon failure of such person to comply within the specified period, he
54 may be deemed to be in violation of this section and upon conviction
84
1shall be subject to the penalties provided in this article.
2
3 (b) Issuance of stop work order. - Upon receipt of a sworn complaint
4of a substantial violation of Title 62.1, Chapter 2.2 of the Code of
5@irginia or article 16 of the zoni ng ordinance of the City of Virginia
6teach, Virginia from the designat ed enf o@cement officer, the board
7Th-airman may, in conjunction with or subsequent to a notice to comply
8a-s specified in subsection ja) of this section, issue an order requiring
9all or part of the activities on the site to be stopped until the
10 specified corrective measures have been taken. In the case of an
11 activity not authorized by the aforementioned chapter or article, or
12 ;7here the alleged permit noncompliance Is causing, or is in imminent
13 Tanger of causing, significant harm to the coastal primary sand dunes
14 protected by the aforementioned chapter or article, such an order may
15 be issued without regard to whether the person has been issued a notice
16 fo-comply as specified in subsection (a) of this section. Otherwise,
17 such an order may be issued only after the permittee has failed to
18 comply with such a notice to comply. The order shall be served in the
19 same manner as a notice to comply, and shall remain in effect for a
20 period of seven (7) days from the date of service pending application
21 by the enforcing authority, permit holder or the resident owner, occupier
22 or operator for appropriate relief to the circuit court of the City of
23 Virginia Beach, Virginia. Upon completion of corrective action, the
24 order shall imediately be lifted. Nothing in this section shall
25 prevent the board chairman from taking any other action specified in
26 section 62.1-13.16 of the Code of Virginia and section 1614 of this
27 article.
28
29 @c The duties of the board chairman prescribed in this section
30 may be delegated to their respective designees; however, such respective
31 designees shall not be those persons who are also designated as enforcement
32 officers.
33
34 Sec. 16156. Violation of orders, rules and,regulations.
35
36 Any person who knowingly, intentidnally, negligently or continually
37 violates any order, rule or regulation of the Commission or of the
38 wetlands board or violates any provision of Title 62.1, Chapter 2.2, of
39 the Code of Virginia or this article of the zoning ordinance of the
40 City of Virginia Beach, Virginia, or any provision of a permit granted
41 by the wetlands bodrd or the Comission pursuant to Title 62.1, ChdPter
42 2.2, of the Code of Virginia or this article of the zoning ordinance of
43 the City of Virginia Bedch, Virginia, shall be guilty of a misdemeanor.
44 Following a conviction, every day the violation continues shall be
45 deemed a separate offense.
46 Sec. 16167. Injunctions.
47
48 In addition to and notwithstanding the provisions of section 62.1-
49 13.27 of the Code of Virginia and sections 1613, 1614, 1615 and 1616 of
50 this article, upon petition of the wetlands board to the circuit court
51 of the City of Virginia Beach, the court may enjoin such unlawful act
52 and may order the person so acting unldWfUllY to take such StePS dS are
53 necessary to restore, protect and preserve the coastal primdry sand
54 dunes involved.
85
1Sec. 16178. Exeinptions.
2
3 (a) Nothing in this article shall affect any project or development
4(i) for whlch a valid building permit or final site plan approval has been
5issued prior to July 1, 1980; or (ii) which, if no building permit is
6required for such project, including a locally approved mining operation.
7has been otherwise commenced prior to July 1, 1980, and certified as
8exempt by the Commission or the wetlands board; or (iii) approved by
9the council of the City of Virginid Beach pursuant to Ordlnance No. 931
10 which was the coastline management ordinance in effect from March 26,
11 1979 to July 1, 1980. Nothing in this section shall be deemed to
12 exclude from regulation any activity which expands or enlarges upon a
13 project already in existence or under construction.
14
15 (b) The Virginia Beach Wetlands Board shdll make an ongoing deter-
16 mination in the Sandbridge Beach subdivision of the area bounded on the
17 north by Dam Neck NdVdl Bdse, on the west by Sandfiddler Road, and on the
@18 south by White Cap Lane, to detemine which structures or properties
19 are in cledr and imminent danger from erosion and storm ddmage due to
20 severe wave action or storm surge. The owners of structures or properties
21 sodefined shall not be prohibited fromerecting and maintaining protective
22 bulkheads or other equivalent structural improvements of a type, size
23 and configuration approved by the Virginia Beach Wetlands Board. The
24 Virginia Beach Wetldnds Board shall not impose arbitrdry or unreasonable
25 conditions upon its approval of any such bulkhead or other structural
26 improvement but shall maintain a continuing responsibility to ensure
27 that each bulkhead or structural improvement constructed under the
28 authority of this section is maintained in a condition which iS Sdfe,
29 structurally sound, and otherwise in conformity with the reasonable
30 conditions imposed by the wetlands board. Wowever,-@@-@-the
31 undeftak4Rg@.c@,rvct4owof @ or et-her-@@4K-a4-4mprovementsy
32 adjaeent-property-owRer-s@@@@-Gf-@-pr @4(@4-of-ether
33 W -t4e4.r-eeRsent
34 to-the-pr-ope@ @st-@t-i4aR -Suc4 -wr-it-t@,W -@4-be-subm4tted
35 w4th@.aW4f.,at4@ sti-Ag@@of @4qwev -t-G-t4*,wet4ands
36 beard@ At the time the dPPliCdtion' ls submitted, the applicant shall
37 consent in writing to any subsequent construction which may occur
38 whereby an adjdcent property owner desires to tie in a bulkhedd dt no
39 additional cost with that bulkhead proposed by the applicant. Such
40 consent shall be considered a waiver of property line defenses relating
41 to the bulkhead line.
42
43
44
45 Adopted by the Council of the City of Virginia Beach, Virginia, on
46
47 the 2 2nd day of August 1988.
86
3 6
Itern V-F. 1 D (4)
PUBLIC HEARING
PLANNING ITEM 29918
Upon motion by Vice mayor Fentress, seconded by Councilman Balko, City Council
ADOPrED:
ordinance to Amend and Reordain Article 15, Section
1522(d) of the City Zoning ordinance pertaining to
Height Regulations in the RT-3 Resort Tourist
District.
Voting; 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, ViCe Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Hen]-ey, John
D. Moss, Mayor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry and William D. Sessorns, Tr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE 15, SECTION 1522(d)
3 OF THE CITY ZONING ORDINANCE
4 PERTAINING TO HEIGHT REGULATIONS IN THE RT-3
5 RESORT TOURIST DISTRICT
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
8
9 That Article 15, Section 1522(d) of the City Zoning Ordinance
10 pertaining to height regulations in the RT-3 Resort Tourist District is
11 hereby amended and reordained as follows:
12
13 (d) Maximum height:
14
15 (1) Where a zoning lot within the RT-3 Resort Tourist District
16 adjoins the side or rear yard of a zoning lot in a residential
17 or apartment district without an intervening street or alley
18 over twenty-five (25) feet in width or body of water over
19 fifty (50) feet in width, the following maximum height
20 regulations shall apply on that portion of-the eemmer64a4 RT-
21 3 zoning lot within one-hundred (100) feet of the adjoinigg
22 residential or apartment district. In cases where more than
23 one of the following apply, the most restrictive shall apply
24 to-the-ent4re-4ot.
25 (i) When adjacent to Residential Districts the maximum height
26 shall be thirty-five (35) feet.
27 (11) When adjacent to A-12 or A-18 Apartment Districts the
28 maximum height shall be thirty-five (35) feet.
129 (iii) When ddjacent to A-24 Apdrtment District the maximum height
30 shdll be forty-five (45) feet.
31 (iv) When adjacent to A-36 Apartment District the MdXimum height
32 shall be one-hundred and twenty (120) feet.
33 (2) The MdXimum height for hotels and motels within the RT-3 Resort
34 Tourist District is seventy-five (75) feet.
100
35 (3) Except as specified in items (1),@and (a2L) hereinabove there
36 shall be nomaximum height regulations in the RT-3 Resort Tourist
37 Di stri ct.
38
39 (4) Notwithstanding the above, no building or other structure
40 shall exceed the height limit established by section 202(b)
41 regarding air navigation.
42
43 Adopted by the Council of the City of Virginia Beach, Virginia. on
44
45 the 22nd day of August 1988.
46
47
48 DCS/ds
49 6/8/88
50 \CZOI\SEC1522.CZO
101
3 7
Item IV-F. 1 j .(5)
PUBLIC HEARING
PLANNING ITEM 29919
A MOTION was made by Oouncilman moss, seconded by Councilwoman Parker to ADOPT,
AS AMENDED*:
Ordinance to Ainend and Reordain Section 4.1(m) of
the Subdivision ordinance pertaining to Design
Standards for Residential Streets.
*This Ordinance shall apply to R-5 & R-2.5 Districtr..
Voting: 5-5 (M(YRION LOST TO A TIE VOTE)
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Mayor Meyera E. Oberndorf and Naricy K. Parker ,
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessorns, Jr.
Council Members Absent:
Reba S. McClanan
- 38 -
Item IV-F. 1 j .(5)
PUBLIC HWMING
PLANNING IITEM # 29919 (Continued)
Upon motion by Oc)uncilman Heischober, secorided by Council-man Perry, City
Council DEFERRED for two weeks mtil the City ODuncil Meeting of September 6,
1988:
Ordinance to Arnend and Reordain Section 4.1(m) of
the Subdivision Ordinance pertaining to Design
Standards for Residential Streets.
-This Ordinance shall apply to R-5 & R-2.5 Districts.
The City lhgineer, 'aaffic Ehgineer, the Police and Fire Chief shall provide
information regarding support of the Design Standards for lbesidential Streets
relative R-5 and R-2.5 District.
Voting; 10-0
16
Council Members Voting Aye:
Albert W. Balko, John A. BaLm, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mzyor Meyera E. Cberndorf, Nancy K. Parker,
John L. Perry a@ William D. Sessoins, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. @Clanan
- 39 -
Item IV-F. 1 j . (6)
PUBLIC H@NG
PLANNING ITEM # 29920
Upon motion by Vice Mayor E$entress, seconded by Oc)uncil-man Heischober, City
Council ADOPTED.
Ordinance to arnend and reordain Article 10, Section
1001(a) of the City zonirig Ordinance pertaining to
Use Regulations in Industrial Districts.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice @yor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor @yera E. Ct)erndorf, mncy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ARTICLE 10, SECTION 1001(a)
3 OF THE CITY ZONING ORDINANCE
4 PERTAINING TO USE REGULATIONS IN INDUSTRIAL DISTRICTS
5
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
7
8
9 That Article 10, Section 1001(a) of the City Zoning Ordinance
10 pertaining to use regulations in industrial districts Is hereby amended
11 and reordained as follows:
12
13
14 Sec. 1001. Use regulations.
15
16 (a) Principal and conditional uses.
17
18 The following chart lists those uses permitted within the 1-1 and
19 I-2 Industrial Districts. Those uses and structures in the respective
20 industrial districts shall be pemitted as either principal uses indicted
21 by a P or as conditional uses indicated by a C. Uses and structures
22 indicated by an X shall be prohibited in the respective districts. No
23 uses or structures other than as specified shall be permitted.
24
25 Use 1-1 1-2
26
27 Airports, heliports and helistops; p p
28 Automobile service stations, provided that
29 where there is an adjoining residential or
30 apartment district without an intervening
31 street, alley or permanent open space over
32 twenty-five (25) feet in width and where
33 lots separated by the district boundary have
34 adjacent front yards, a six (6) foot solid fence
35 with Category VI screeninq shall separate
36 the automobile service station use from the
37 adjacent residential district and no ground
38 sign shall be within fifty (50) feet of the
39 residential or apartment district; c c
40 Automotive rental, parts and supply stores;
41 provided that no outside storage is included
42 (excluding operative equipment); p p
43 --------------------------------------------------------------------
44 Automotive repair garages; xc p
45 Automobile service establishments dealing
46 exclusively in service and minor repairs
47 of the type provided at automobile service
48 stations; p p
49 Borrow pits; c c
50
95
51 Use 1-1 1-2
52
53 Bulk storage yards and building contractor's
54 yards; provided that no sale or processing
55 of scrap, salvage, or secondhand material
56 shall be permitted in such yards; and,
57 provided further that additional requirements
58 as listed in Section 228 are met. c p
59 Business, medical, financial, nonprofit,
60 professional and similar office buildings; p p
61 Car wash facilities, provided that: (1) No
62 water produced by activities on the
63 zoning lot shall be permitted to fall
64 upon or drain across public streets or
65 sidewalks or adjacent properties; (ii) A
66 minimum of three (3) off-street parking
67 spaces for automobiles shall be provided
68 for each car wash space within the facility. c x
69 Collection depots for recyclable materials; c x
70 --------------------------------------------------------------------
71 Eating and drinking establishments; p p
72 Establishments such as linen suppliers, freight
73 movers, communication services and canteen
74 services; p p
75 Establishments which deliver merchandise in
76 bulk by truck or van; p p
77 --------------------------------------------------------------------
78 Explosives manufacturing, storage and
79 distribution; x c
80 Facilities for construction, maintenance dnd
81 repdir of vessels; x p
82 Heavy equipment sales and service; p p
83 --------------------------------------------------------------------
84 Hotels and motels; provided the following
85 conditions are met: (i) Frontage shall be
86 on,a major or secondary st@eet or highway;
87 (ii) The minimum lot size shall be forty
88 thousand (40,000) square feet and a
89 minimum lot width of one hundred fifty
90 (150) feet: (iii) Density regulations of
91 the H-1 Hotel District shall apply; (iv)
92 Accessory uses shdll be limited to eating
93 dnd drinking establishments, gift shops
94 and travel agencies; (v) Pdrking requirements
95 of at least one space per one (1) lodging
96 unit shall be provided in addition to
97 the requirements for an accessory use;
98 (vi) Front Ydrds shall have a minimum
99 depth of thirty (30) feet and,
100 except for necessary driveways, shall be
101 Mdintained in landscaping dnd shall not
102 be used for pdrking; (vii) Signs shall
103 conform to the sign requirements applicdble
104 within H-1 Hotel District regulations. c x
1 96
105 Use I-1 1-2
106
107 Manufacturing, processing, extracting, packaging
108 or fabricating establishments; provided
109 that the following uses shall not'be allowed:
110 (i) Explosive manufacturing, storage
ill and distribution; (ii) Petroleum processing;
112 (iii) Processing or outside storage of
113 salvage, scrap or junk; p p
114 Military installations; x p
115 --------------------------------------------------------------------
116 Mobile home sales; PC PX
117 Motion picture studios; P7 P7
118 Petroleum processing; x c
119 --------------------------------------------------------------------
120 Piers wharves and docks; x p
121 Printing, lithographic or publishing
122 establishments; p p
123 Public buildings and grounds; p p
124 --------------------------------------------------------------------
125 Public schools, colleges and universities, and
126 private schools, colleges and universities
127 having similar academic curriculums; c x
128 Public utilities Installations and substations
129 including offices; provided storage or
130 maintenance facilities shall not be
131 permitted; dnd provided, further, that
132 utilities substations, other than individual
133 transformers, shdll be surrounded by
114 Category VI screening a-wa44, solid except
135 for entrances and exitsy-or-by-a-fense-w4th
136 a-sereen4ng-hedge-f4ye-(6)-to-s4x-(fi)-feet
137 4A-he4ght; and provided also, transformer
138 vaults for underground utilities and the
139 like shdll require only Category I sifreening
140 a-4ands6aped-sGreen4Rg-hedg'e, solid except
141 for access opening; p p
142 Public utility transformer stations and major
143 transmission lines dnd towers (fifty
144 thousdnd (50,000) volts or more); c c
145 --------------------------------------------------------------------
146 Rddio or television transmission and relay stations; C c
147 Recredtional fdcilities of an outdoor nature,
148 which may be partially or tempordrily
149 enclosed on a seasonal bdSiS with approval
150 of city council, except that riding academies
151 and recreational campgrounds shdll not be
152 allowed as a conditional use or otherwise; c x
153 Recreational facilities other than those Of dn
154 outdoor nature p p
155 --------------------------------------------------------------------
156 Repair establishments; provided that no outside
157 storage is included (excluding mobile
158 operative equipment); p p
; 97
I
I
- 40 -
Item IV-G.I.a.
ORDINANCES ITEM # 29921
ENCROACHMENT
Attorney Joseph W. Hood, Sr., 4004 Oceanfront, Phone: 340-5800, represented the
applicant
William Lawton, 728 Oriole Drive, Phone: 486-5515
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED, AS AMENDEI)*
Ordinance Approving and Authorizing, upon
conditions, an encroaching canopy and signage on
the premises of Forbes Candies, 2330 Atlantic
Avenue, Virginia Beach Borough.
The following conditions shall be required:
1. Conformance of all signage on premises with RT-2
sign regulations by November 1, 1988.
2. Compliance with Resort Area Facade Program Design
Guidelines.
3. Approval to be revocable at the pleasure of the
City Council or General Assembly.
4. Applicant not to be relieved of liability for
negligence on account of encroachments.
5. Applicant to indemnify City for any damage or loss
sustained on account of encroachments.
6. Execution by applicant of written agreement stating
all conditions.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE APPROVING AND AUTHORIZING, UPON
2 CONDITIONS, AN ENCROACHING CANOPY AND SIGNAGE
3 ON THE PREMISES OF FORBES CANDIES, 2330
4 ATLANTIC AVENUE, VIRGINIA BEACH BOROUGH
5 WHEREAS, Forbes Candies, Inc., the owner of a retail
6 establishment known as Forbes Candies, located at 2330 Atlantic
7 Avenue, in the Borough of Virginia Beach, has applied for
8 approval to maintain an existing building canopy and two signs on
9 the aforesaid premises; and
10 WHEREAS, the said canopy and signs encroach into the
11 public right-of-way; and
12 WHEREAS, Section 33-114.1 of the Code of the City of
13 Virginia Beach prohibits canopies and signs encroaching into or
14 over the public right-of-way except by consent of the City
15 Council;
16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
17 THE CITY OF VIRGINIA BEACH, VIRGINIA:
18 That Forbes Candies, Inc. be, and hereby is, granted
19 approval and authorization to maintain an encroachment by the
20 existing building canopy on the premises of Forbes Candies, 2330
21 Atlantic Avenue, in the City of Virginia Beach, upon all of the
22 following conditions:
23 1. All signage upon the premises shall be caused to conform
24 with City sign regulations, including all general regulations and
25 the RT-2 Resort Tourist District sign regulations set forth in
26 Section 1513 of the City Zoning Ordinance, by no later than
27 November 1, 1988. The existing signage located on the building
28 canopy shall be removed by November 1, 1988, and may be replaced
29 by signage conforming with all city sign regulations;
30 2. The premises shall at all times comply with the Resort
31 Area Facade Program Design Guidelines;
32 3. The approval and authorization herein granted shall be
33 revocable at the pleasure of the City or the General Assembly;
- 41 -
Item IV-G.l.b.
ORDINANCES ITEM # 29922
ENCROACHMENT
Attorney Joseph R. Mayes, 1100 Sovran Bank Building, Phone: 497-6633,
represented the applicant and requested DEFERRAL as the President of the
Corporation is in California and wishes to be in attendance. (Letter dated
August 22, 1988 requesting DEFERRAL is hereby made a part of the record.)
Upon motion by Vice Mayor Fentress, seconded by Councilman Perry, City Council
DEFERRED until the City Council Meeting of August 15, 1988, an Ordinance upon
application of INTERNATIONAL LEISURE CORPORATION, T/A The ROYAL LONDON WAX
MUSEUM to maintain existing encroachment by a sign on a marquee.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. lienley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 42 -
Item IV-G.2.
ORDINANCES ITEM # 29923
John Miller, 562 Virginia Beach Boulevard, Phone: 473-8889, the applicant
represented himself
OPPOSITION:
Naomi Lee, 267 Mayo Road, Phone: 497-5415, presented a photograph of the
property.
Marie Robertson, 254 Mayo Road, also spoke in OPPOSITION.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council DENIED:
Resolution authorizing the enlargement of the
Nonconforming Use and Structure located at 5625
Virginia Beach Boulevard property of John Miller
and Katherine Miller. Property contains 14,040
square feet (BAYSIDE BOROUGH).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 43 -
Item IV-H.
CONSENT AGENDA TTEM # 29924
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
APPROVED in ONE M(YTION Items, 1, 2, 3, 4, 6 and 7 of the CONSENT AGENDA.
Item 5 was pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 44 -
Item IV-H.l.a/b/c.
CONSENT AGENDA ITEM # 29925
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
RESOLUTIONS IN RECOGNITION
Susan Earley Rohrer
Douglas D. Himes
Lillian B. Youell
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
RESOLUrION IN RBCOGNITION
WHEREAS: It was in Alanton Elementary School where her writing career began with JUST
PLAIR ME, the story of a flea; and, SKIMP -- the story of a chimp. 'Ihe first
editions were published by Alanton Publishing Company, copyright 1967;
WEEREAS: Ihis virginia Beach writer vas born in the capitol city of Richmorid, she is
claimed as a Virginia Beach native and our own success story;
WHEREAS: @an Earley Robrer vas a Varsity Cheerleader at First (blonial High School and
employed during her high school years at Ttiple R Ranch. She spent her Senior
year at Norfolk Christian %here she graduated with honors. She attended James
Madison University and graduated Cua laude, majoring in Art and minoring in
(3ommunicationsl-
WEEREAS: Since 1978, Susan has been employed by Christian Broadcasting Network 4iere her
career has taken her from Production Assistant to Associate Director, to
Technical Director, to directing one hundred episodes of CBN's "Another Life"
soap opera, and then directing the '700 Club". She has acted in niunerous
commercials and appeared on the CBN Telethons;
WHEREAS: This attractive young Virginia Beach resident has reached what many would
consider the pinnacle of a film-making career at a very early age. She @n the
prestigious Emy Award for producing, directing and co-writing a film that the
National Acaderny of @levision Arts and Sciences deems this Year's most
outstanding children's special, NEVER SAY GDODBYE, a project Susan coddled from
her own creation to the film's successful school-break special in January this
year. Accepting the gold-plated trophy, she added, 'This is yesterday's
tribute. Now, what is important is %hat to do with it. It's a start -- nDt an
end.@ The film was one of three finalists for The HU14ANITAS PRIZE. But, it is
not the only @rk of art for wtich Susan holds the Enmy award nomination.
"Never Say Goodbye" starring June @ckhart, Elinor Donahue and Kim Hauser was
filmed in the Ghent area of Norfolk, Cbici Memorial Hospital in Suffolk, the
Virginia Beach Municipal Center and Kellam High School in Virginia Beach.
Oprah Winfrey presented the award to Susan and noted this Outstanding children's
Afternoon Special was truly a very special category.
" The subject matter dealt with is timely, grave, sensitive and
certainly provocative. These unique programs are a glowing tribute to
daytime television . handsomely produced and beautifully
portrayed. These dramas not only enlighten, they inform and educate
not only our children, but all of us."
The Humanitas Prize is awarded each year in five categories and prornoted to
inspire writers to Eresent values on the family as @ll as to motivate persons
to act in loving and human ways; and,
WEEREAS: The great use of life is to spend it for something that outlasts it.
NOW, THEREFCRE, BE IT RESOLVED: That the Virginia Beach City ODuncil pauses in its
legislative deliberations to recognize
S U S A N E A R L B Y R 0 H R E R
Given under our hands and seals
this 'Nenty-Second day of August,
Nineteen Hundred and Eighty-Eight.
Albert W. Balko John A. Bam Harold Heischober
Barbara M. Henley Reba S. McClanan John D. Moss
Nancy K. Parker John L. Perry W. D. Sessans, Jr.
Robert E. Fentress @yera E. Ct)erndorf,
Vice Mayor Mayor
RESOLUTION IN RE)COGNITION
WHEREAS: The history of knerica is one of a nation of people
helping other people -- joining toqether to build a better society --
dedication and commitrnent;
WHEREAS: Tife is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that w ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied @ have done our
best;
WEEEREAS: DOUR.LAS D. H-IKES served as a @mber of the Virginia
Beach CONSTITUTION'S CELEBRATION CCMMISSION from February 1987 thru
August 1988. His dedication, commitment and unselfish service have
involved personal sacrifices and inconveni.ences, not only tc) himself
but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
Now, THEREFORE, BE IT RESOLVED: @at the Virginia Beach City
Cc)uncil here assembled this Twenty-Second day of August, Nineteen
Rundred Eighty-Eight, on behalf of the citizens of Virginia Beach,
expresses deep GRATITUDE and RESPECT to:
D 0 U G L A S D. H I M E S
Given under my hand and seal,
Me yor
RESOLTJTION IN RECOGNITION
WHEREAS: The history of Arnerica is one of a nation of people
helping other people -- joining tc)gether to build a better society --
dedication and commitinent;
WEIEREAS: Life is so unpredictable! No day comes back! Life is
short at best! That which makes life most worth living is the sure
knowledge that @ ourselves have fulfilled our purpose, met our
obligation to our fellow citizens and can be satisfied @ have done our
best;
WEIEREAS: LILLIAN B. YOUELL served as Chairman of the Virginia
Beach CONSTITUrIO14'S CELEBRATION CCf4MISSION from January 1987 thru
June 1988. Her dedication, commitment and unselfish service have
involved personal sacrifices and inconveniences, not only to herself
but frequently to the family; and,
WHEREAS: Advisors and Volunteers have saved the City untold
dollars, but more importantly, our successful growth depends upon them.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Oouncil here assembled this Twenty-Second day of August, Nineteen
Hundred Eighty-Eight, on behalf of the citizens of Virginia Beach,
expresses deep GRATITUDE and RESPBCT to:
L I L L I A N B. Y 0 U E L L
Given under my hand and seal,
Mayor
- 45 -
Item IV-H.2.
CONSENT AGENDA ITEM # 29926
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $14,694 State
Grant Funding into the FY 88-89 operating budget of
the Department of Libraries for the Blind and
Physically Handicapped.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
ir@ RTOR
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$14,694 STATE GRANT FUNDING INTO THE FY 88-89
OPERATING BUDGET OF THE DEPARTMENT OF LIBRARIES
WHEREAS, the Virginia Library Services and Construction
Act, Title I, provides the opportunity for state funding for certain
programs by means of special grants, and
WHEREAS, the Library Department has been granted
permission to apply for grant funding under the state approved program,
For The Blind And Physically Handicapped Grant, and
WHEREAS, the state has accepted the application and
approved grant funding for the Library Department's program in the amount
of $14,694.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that $14,694 made available from the
Subregional Library For The Blind And Physically Handicapped Grant be
accepted and appropriated into the FY 88-89 operating budget of the
Library Department.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 22 day of August
1988.
First Reading: August 15, 1988
Second Reading: August 22, 1988
MLS/ORD-12B
- 46 -
Item 1V-H.3.
CONSENT AGENDA ITEM # 29927
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $2,580 in additional State
Aid Funds into the FY 88-89 operating budget of the
Department of Libraries for acquisition of books
and related materials.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
APP@
11;0 AS TO FORIA:
AFTJT 0 R
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$2,580 IN ADDITIONAL STATE AID FUNDS INTO THE
DEPARTMENT OF LIBRARIES FY 89-89 OPERATING BUDGET
WHEREA9, the Commonwealth provides annual funding
assintance to public librarion for the purpose of acquirihg b6oks
and related materials, and
WHEREAS, during the preparation of the FY 88-89
operating budget, the anticipated state aid revenue was estimated
to be $250,000 and was appropriated into the Library Department's
operating budget, and
WHERF-AS, the Virginia State Library Department has
notified the city that state aid funds in the amount of $252,580
will be available for FY 19BB-89, and
WHEREAS, the amount of approved FY 1988-89 available
state aid exceeds the FY 88-89 revenue estimate by $2,580.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA that funds in the amount of
$2,580 be added to the FY 88-89 operating budget of the Library
Department with a corresponding increase in estimated revenues.
This ordinance shall be effective from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
virginia on tbre -2 2 day of August 1988.
First Reading: August 15, 1988
Second Reading: August 22, 1988
MLS/ORD-12A
- 47 -
Item IV-H.4.
CONSENT AGENDA ITEM # 29928
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED upon SECOND READING:
Ordinance to APPROPRIATE $303,106 and transfer
$7,364 to fund nineteen additional temporary
positions within the Sheriff's Department operating
budget.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
APPROVED AS TO FQRM..
ITY ATTORNEY
AN ARDI@E TO APPRDPRIATE $303,106, AND TRANSFER
$7,364 TC) FUND NINF= ADDT.TIONAL Y POSITICNS
WITHIN THE FF'S DEPAR@ OPERATING B=FT
the @nsation Board of the nwealth is aware of the staffing
shortage presently being experienced at the Virginia Beach Correction Center, and
has notified the Sheriff that it has approved seventeen (17) additional temporary
Correctional Officers whose salaries and fringe benefits are 100% reinbursed,
and
wHEREAS, and the sation Board has further responded with an additional
block grant for two (2) t@rary Classification Officers and one (1) Mrse wh-e
salaries and fringe benefits are two-thirds (2/3) re@rsed, and
, the @nsation Board has been notified that the additional Nurse
is currently provided through a contractlial agreement, and qlialifies as a
re@rsable expense, and
WHEREAS, the additional total operating costs of the nirieteen (19) tWWrary
pc)sitions, effective August 15, 1988 is estirrated at $310,470, and will be funded
by $303,106 in reirrbursemnts fran the state, and $7,364 from the city.
NCW, , BE IT ORDAINED BY THE IL OF THE CITY OF VIRGINIA BEME,
VIRGINIA, that funds in the @nt of $303,106 are hereby appropriated and
$7,364 transferred frcm within the FY87-88 operating Budget oE the Sheriff's
Departmnt to firiance seventeen (17) additional temporary Correctional Officer
positions, and two (2) additional t@rary Classification OfEicer positions, and
BE IT FIUR@ ORDAINED that estiniated Revenues Frau the CawK)rrwealth in the
form of reimbursements be increased by $303,106.
Adc)pted by the Cc)uncil of the City of Virginia Beach, Virginia, this 22
day of August , 1988.
This ordinance shall be in effect frcm the date of its adoption.
First Reading : August 15, 1988
Second Reading: August 22, 1988
- 48 -
Item IV-H.5.
CONSENT AGENDA ITEM # 29929
Gil Holt, President - Signet Enterprises, 2964 Adam Keeling Road, Phone: 481-
7092, represented the applicant
OPPOSITION:
Earl H. Russell, 947 Whitehurst Landing Road, Phone: 420-4437
Upon motion by Councilman Baum, seconded by Councilman Moss, City Council
ADOPTED:
Ordinance appointing viewers/advisors in the
petition of Signet Enterprises Ltd. for the closure
of two portions of Thompkins Lane (Kempsville
Borough).
The Viewers are:
Director of General Services David Grochmal
Director of Public Works C. Oral Lambert, Jr.
Director of Planning Robert J. Scott
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
ORDINANCE APPOINTING VIEWERS
WHEREAS, Sigiiet Enterprises Ltd, lias given due aiid proper
i)utieu iii ziccc)rd witli liiw tliat it would, oii the 22n(i day of AtiVii,,,,t, 1988,
apply to tti(@ City Council of the City of Vii,ginia Beacti, Virginia, for tile
appoliltijit@iit of vit!vjers to view the below-described portioris of Ttioijipkiiis
LaLie iii K(.@i@ipsvill(- Borougli, iii tlie, City of Virginia Beach, Virginia, and
to rei)ort iii wr@itillf'. to tliis couilell whether iri ttit.- opiiiion of said
viewei,s any, atid if atiy, wli,,.tt incotivenieiice woulli reslilt froni the discon-
closiir(? @iiid abaiidoi)iiic@nt of said portioils ()f Thoinpkins Lalie; aild
WHEREAS, SLIcii application has beeii propecly filed with tliis
Couiicil; and
WliEREAS, all requiredients of law liave been met;
NOtV, THEPEFORE, be it ORDAINED by tlie Couiicil of tlie Cit@y of
Virgini@l L3(@iicli, Vii,girij@i, ttiat Oral I.@iiiibert, Robert Sc@ott, iind David
b(@ iiiid c!acli uf th(@)ii is 1)(@i-i-,by appoiiit(i(i tD view those certairi
porLioji,,i of Ttioiiipl(ins Lane as sliown on Exliibit etititled "Exiiibit Showing
P@.,@cels #1 atid #2 Portions of Tiioitip@l<iiis Lane To Be Closed Fox, Signet
Eiiterl)ijses, Iltd.", K@@,iif)sville Borougli, Virgiiiia Beach, Vil,giiiia, iiizide by
Se@.,vices I(IC. , ciiilect JLtne 1988, wliich Exhibit is attactied to
tlie ol,ciiiiiiii(@e, Of VaL@@itiUrl t-o b(! i,t@cc)i,(Ied iii tlie, Clei-l<'s Offic(,, of tlie
Cit-ctiit (-,o,tt,t @)f til(@ City o, Virgiiii@i Beach, Virgiiiia, aiid said viewel,s
sliiill i,f@port in writiii@,,, to tliis Couiicil oii oi before
1988, at 2:00 p.iii. , @vlietliei@ iii their opillion ally, alid if any, wliat
iricoiivt?ii;,@iice woul.d r(@sult to the public froni the dis(,,oiitinuance, vacation
iii)ci ,ibatidotiiii(@tit of said portiotis or Ttionipl<iiis Laile.
Adopted: August 22, 1988
t
R-8
ZONING/SUBDIVISION: MO
Property- approximatt-
JOE-vo@, & W.11
ATTORNEYS AND COUNSELLORS AT LAW
4560 COLUMBUS LOOP, li[RGINIA BEACH, VIRGINIA 23462
TELEPHONE (804) 4OD-2711
C.CONSOLVO
S. MARKOWTZ
T. WEBS. JR.
July 18, 1988
CERTIFICATE OF VESTING OF TITLE
I, Carl S. Mark0witz, AttOrney, do hereby Certify that:
1. I aM an attorney at law and have examined the title to
the property of the petitiorier, Signet Enterprises Ltd.
2. lf the property described below is discontinued, closed
and vacated by the Council of the City of Virginia Beach,
Virginia, then title to said property will vest in S4-gnet Enter-
prises Ltd.
The said property referred to herein is hereby described as
follows:
ALL THA,R certain piece or parcel of land, situate,
lying and being in the City of Virginia Beach, State
of Virginia, being that part of Thompkins Lane as
shown on Exhibit entitled "EXHIBIT SHOWING PARCELS #1
AND #2 PORTIONS OF THOMPKINS LANE TO BE CLOSED FOR
SIGNET ENTERPRISES LTD.", Kempsville Borough, Virginia
Beach, Virginia, made by Engineering Services Inc.,
dated June 1988, which Exhibit is attached to the
Ordinance of Vacation from the CiEy of Virginia Beach,
Virginia, to Signet Enterprises Ltd., and is to be
recorded therewith in the Clerk's office of the
Circuit Court of the City of Virginia Beach, Virginia,
more particularly described as follows:
PARCEL #1 (PORTION OF THOMPKINS LANE TO BE CLOSED)
To establish a Point of Beginning, begin with the
southwest corner of PARCEL #1.
Having thus established the Point of Beginning, thence
N. 040 541 14" E., 35.18' to a point; thence N. 89@
04- 02" E., 67.31' to a point; tlience N. 04' 351 45"
E., 106.281 to a point; thence S. 89' 281 26" E.,
20.05' to a point; thence S. 04' 35' 45" W., 125.86'
to a point; thence N. 89' 04' 02" E., 15.07' to a
point; thence S. 04' 35' 45" W., 15.071 to a point;
thence S. 89' 04' 02" W., 102.661 to the Point of
Beginning.
CERTIFICATE OF VESTING OF TITLE
July 18, 1988
Page Two -------------------------------------------------------
Said portion of Thompkins Lane to be closed is located
in the Kempsville Borough, Virginia Beach, Virginia,
containing 0.124 Acres.
PARCEL #2 (PORTION OF THOMPKINS LANE TO BE CLOSED)
To establish the Point of Beginning, begin at the most
southwesterly point of Booker T. Smith Property (M.B.
135, Page 12), thence S. 85' 40- 15" W., 10.12' to the
Point of Beginning.
Having thus established the Point of Beginning, thence
S. 04' 351 4511 W., 612.81' to a point; thence No. 89@
28' 26" W., 20.051 to a point; thence N. 04' 35' 45"
E., 611.09' to a point; thence N. 85' 401 15" E.,
20.25' to the Point of Beginning.
Said portion of Thompkins Lane to be closed is located
in the Kempsville Borough, Virginia Beach, Virgiriia,
containing 0.281.Acres.
CONSOLVO, EBB
By
C@r
NOTICE
PLEASE TAKE NOTICE, that at the flieeting of the CitY COLItICil of tlie
CitN' of Virilillia Bezicli, Virgiriia, to be held On the 22)ld day of August
1988, at 7:00 P.[R., at tlie City Hall of tlie City of Virgiilia Beach,
Priiit@ess Aiiiie StatiOll, th(-, uridersiLIled will petition thf@ CourIcil for the
@ippoititiiieiit of Viewel's to vi,@,V the below-described portioll of that certain
street @iiid rer)ort to the City Coulicil wh(,,thE@r i], tlie opinioli of the
Viewei,s, what, if any, inconvellience would resLIlt fi,om the vacatiiig,
CI(@siiii, iiiid discontiiiuance of sanie, the said portioll uf said str(@L@t beilig
(tesci,ibed as follows:
All that certairi piece or parcel of land, situate, lying and
being in tlie City of Virgiiiia Beach, State of Virgiiiia, beilig
that part of Thoinp](5.ns Lane as shown on exhibit entitled "Ex-
liibit Stio@viiig Parcels #1 atid #2 Portions of Thonipkiiis Lane To
Be Closed for Sigiiet Entprprises, Ltd.", Kejjipsville. Borough,
Vit,giiiia Beach, Virgiiiia, made by Engitieeriiig Services ilic.,
(lat(@d Jtiiie 1988, whicli exhibit is attitclied to tIlL, oi,diii@liice of
v,Acatioii froitt tlie City of Virgiiiia Beacti, Virgini@l, to Signet
Enterprises Ltd., aiid is to b(! record(.,d tlierewith i, th,
Clei,l<ls Office of tlie CirCLlit COLirt of the City of Virginia
Beach, Virpiiiia, niore Particulariy describcd as fol1c)ws:
p@ir, ed)
To establisli a 1)oint of beginning, begin with the southwest
corrier of Parcel #I.
lliivilig tittis establislie(i th(! poijit of beginning tbence N 040 54,
14" E, 35.18' to a point; th(!ii(-e N 890 04- 02" E, 67.31' to a
Poilit; tli(@iiee N 040 35' 45" E. 106.28' to a Point; thence S
890 28' 26" E 20.05, to a poirit; thence s 040 35' 45'. w,
125-86' to a poiiit; theiice N 890 04@ 02" E, 15-07' to a poijit;
thetice S 040 35' 45" tl, 15-07' to a poitit; thence S 890 04,
02" W, 102.66' to the point of begilillinl,.
Said portion of Thoittpl<ills Latie to be closed is loc@ited in th,
RE@ilipsville Borougli, Virginia B(@acii, Virgillia, coiitiiiiiing 0.124
Laiie To Be Closed
To establisli tlie point of beginniiig, begiii at tlie niost
sokitill@@StL@rly poiiit of Bool@er 1'. Sniith Property (M.B. 135, Flage
1,.1), ttietic(, S 850 40- 15" W, 10.12' to tile poilit of begilining.
li@ivilit,, tillis esliiblished tlie point of begiiiiiiiig, therice S 040
35' 15" @@, 612.81' to a point; ttience N 89) 28' 26" W,
20.05' to a point; ttience N 040 35' 45" E, 611.09' to a
poiiit; thetice N' 850 40' 15" E, 20.25' to tlie point of
Said portioii of Thojiipl(ilis Lant@ to be closed is located in tlie
Keiiii)sville Borougli, Virginia Beacli, Virginia, containing 0.281
acres.
At thal iiinit!, aiiyoiie affect(@d m,,iy appear and present his views.
Aftel' the report of tlie Viewers is received, at tile iiext
regular nieetiiii,, of Lhe City Council, oi, as sooyi tlier(@after as the ]flatter
niay be placed oti the agenda, the undersigii(,-d tvill petition the City
Couiicil to vacate, close aiid dis(@ontiriue tliat portion of Thonipl<ins Laile in
the City of Vit,giiiiii Beacli, Vil,giiiia.
SIGNE
By:
IN TtiE MA'PTER OF THE APPLICATION OF
SIGNET EN"ERPR'SES LTD. FOR
THE CLOSURE, VACA'FION AND DISCOINTINUAIICE
OF TVID PORI'IONS OF THOMIIKINS LANE, IN KEMPSVII'LE
BOROUGH, ON EXHIBIT ENTITLED "EXHIBIT SHOWING
IIAI,CE:I,S #1 @iii(i #2 PORTIONS OF TI]OMPKINS LANE TO
BE CI,OSEI) F01i SIGNET ENTERPRISES LTD.", VIRGINIA
@'IRGINIA
PETITION
TO: Ttie City Cottiicil of the
City of Virgiiiia Beacli,
Vii, inia Beacti, Vit,ginia
YoUr P(@titioliel', Llie ilpplic,'Iltt, Sigriet Enterprist!s Ltd., who
o@viis @Lll of th(,, pi,operty adjoininl@ tliat portioii of Thoiiipl<itis Lane, as
showii oii "Exhibit Stiowint,, P@ircels #1 Eiii(i #2 Portions of Thompl@iiis Laile l'o
Bk@ Closed for S4giiet Eiiterprises Ltd.", dated June 1988, attactied to the
ot-d,@'nai)ce of vacatioii herein and to be recorded in the Clerk's Office of
tlie Cit,cuit Court of the City of Virgiiiia Beacii, Virgiiiia, hereby applies
fol, ttli@ viicatioli, (@losiiii,, and d.iscontiiiuanc(! of those two poi,tioiis of
Ttiuiiti)l<iiis L@iiie sliowii oti tlie afol,esaid plat.
Your petitioner aiid applicaiit allege that no incoiiveiiieilce
vqill result to tli(,- public by reasoii of said closui-e aiid asks that Couiicil
app(,iiit vietvei,s as provided by law to view the said portions of Thoinpkins
Laiie souglit to be closed and rel)ort in writitig to tlie COLincil as to
wlit!tllel, iii til(! opijiioji of the viewers what inconveiiieiice, if ariy, would
i,esult fi@oiii the discoiitiiiuaiice aiid closure as herein sought, at whicli time
tlie pt@titiojier will asl( foi@ p@issap_e of aii ordiiiaiice vacating tbe portiolis
of Ttionipkitis Lane souglit to be closed hei,eiii.
Oii July 28, 1988, atid ALIgUSt 4, 1988, iiotice of inteiition to
api)ly for such vaczition to the Council ivas published as require(] t)y law in
tlie VIRGINIA,\'-PILOT (BEACON editioii), a iiewspaper published or generally
eirctilatE!(t iii Virginia Beach, Virginia.
binitt(@d,
Sigiiet Eiiterprises Ltd.
P. 0. flox 6186
Vii,giiiia Beacli, VA 234,,-)6
CITY OF VIIZGINIA BEACH, VIRGINIA
TO (ORDINAN(,E OF VACATION
SIGNET ENI'ERPRISES LTD.)
AN ORDINANCE VACATING AND DISCONI'INUING
PORTIONS OF THOMPKINS LANE, IN KEMPSVILLE BOROUGH,
IN THF CITY OF VIRGINIA BEACI, VFRCI@NTA
WHEREAS, proper notice of tile intended application of ttie
ai)pl@can', Si.?-tiet Etiterpi,ises Ltd., to be presented to the City Couticil of
111(@ C::ty of@ Virgiiiia Beach, Viriiniii, oil tile _ day of
1988, foi- tlit@ vaciilioil of tlie liereitiafter desct-ibed ptiblic street in tile
(@ity of Vir,,iiiia Bt.@acli, Vir@,,inia, wit,; oii the 28th day of Jlily, 1988 and oil
tlie 4tti day of August, 1988, duly ptiblished twice with six days elapsing
L)etw(!eii the two publications iii a newspaper published or having, general
circLilatioti in the City of Virginia Beacti, Virginia, specifying tlie tinie
aiid pla(@e of heariiii., iit wliich affe(@ted persoiis iiiight appear and pr(@sent
ttieir views, iii coliforjitity witti tlie jitaiiner pi,escribed by Code of Virginia,
Sectioii 15.1-364, for tli(@ instilutioll of proceedinfs for the vacit.ion of a
public sti-eet; and
WHEI?EAS, said applicatiori was made to tlie City CouliCil of the City
of Vii@l,,iiiia Beiicti, Vit,riiiia, oti the 22nd day of ALIE,'USt, 1988, and irl
cotifoi,jitiLy witli tlie iiiaiiiiei, preset-!bed by Code. of Virginia, Sectioii 15.1-
364, for tli(@ conduct. of stich proceedings, tlie City Council of the City of
Vii,giiii,,l 13t,,iich, Vit,ginia, on the 22iid day of AUgLlSt, 1988, appointed
Oral Rol)ert Scott, a(id David Groclimal, as viewers tu vietv sucti
street ati(I iii wi@i,iiip,, wtiether ill tileir opit,ioti aiiy, and if any,
tvii@it iilcoiiveili(@11(@(! wolil(i filoiil (lis(@oiitintilrig tti(! sitjiie, an(I sa@id
vie@vers tiilvt@, iiic@(le sucti report to tlie City Council of th(@ City of Virginia
Beach, Vir,@'iiizi; aild
WHEREAS, froin such repoi-t and other eviderice, and after notice
to tlie Iiitici proprietors affected thereby, aloiig the street proposed to be
v@iezitt@(1, it i,,,, Lh(-@ judvni(!Iit 01 til(! City Couri(@il of tlie City of Virginia
13L,Icll, Vil,,,,iiiia, tliat ttiese proceedirigs liave beeii iiistituted, coilducted
and coiicltided iii the iti@iiiner prescribed by Code of Virginia, Section 15.1-
364, that no iticotiveiiience would i,esult front vacatitig and discontinuitig
tlie, portiolis of said street, aiid tliat the portions of said street should
bt@ v@iciit(@d aiid CliSCOIltitILied;
NOW, TI[EREFORE, BE IT ORDAINED by tlie Council of the City of
Virgini,a Beacti, Virgillia:
1. That the followin,,,@ portiotis of Thoinpl<ins Lane in the
Borougli of Kejitpsville, iii ttie City of Virp,,inia Beach, Virginia, be aild
tlie s@iiiiv, is hc.,i,c@by vzt@ite(i and discontinuecl:
All tliat certaiii 1)iece or parcel of land, situate, lyiiig and
bE@iiii, in the City of Virgiriia Beach, State of Virgillia, being
tliat I)art of Thojitpi<iiis Lane as sliowii on exiiibit etititled "Ex-
liibit Showiiig Parcels #1 aiid #2 Portions of Thc)iiipkins Lane To
Be Closed for Sigtiet Entei,pi,ises, Ltd.", Kempsville Borough,
Virgiaia Beach, Virgiiiia, itiade by Etigiiieeritig Servict@s Itic. ,
(Izit(@d @juill! 1988, wliieti t@xhibit i,,i attitched to tli(! or(lin@ilice of
v@iciltioll fi,oii@ Lile (@ity of Vivgiiiia Beacli, Virq-iLii@i, to Sigilet
Eiit(@PI)rist!s Ltd. , iiiid is Lo b(! rec@k)rded tht@rewitli ill tll(-@
Clert@'s Offic(@ of tlie Circuit Court of tlie, City of Virgillia
BL@ach, Vit,ginia, nioi-e particularly describeci as follo@,s:
Pat,cel #1 (Portioii of Thojiit)kiiis Lane To Be Closed)
To establish a poit,,t of begiiiiiitig, begiii witti tlie sotithwest
coriier of Pal,cel #I.
lliiviiip
, tlitis establ3stit!@i th(! poiiit of beiiriii-ilit, theiice N 040 54'
14" E, 3@),18' to @l I)Oii,,t; thence N 890 04' 02" E, 67.31' to a
pcjiiil,@; lht@lice N 040 35' 45" E, 106.28' to a I)oint; tilelice S @
28- @6" E, 20.05' to a point; ttieiice S 040 35' 45" IV, 125.86'
to ,i 1)oiiit; theii(:e N 89@ 04' 02" 1,, 15.07' to ii poirit; tllell(@e S
040 35' 4@)" I%r, 15.07' to a poitit; ttience S 89) 04' 02" W.
102.661 to tli(@ point of beginniiig.
Said portion of Tliontpkitis Lai)e to be closed is located in tlie
Keiiipsvillc@ Borough, Virl@iiiia Beach, Virgiriia, containing 0.124
acre,,@.
Parcel #2 (Portioii c)f I'hoiiii)kii)s I.aiie To Be Closed
l'o estal)lish tlie, pt)ii)t of begin at thf.- litost
southwesterly poitit of Bool@er T. Sinitti Property (M.B. 135, Page
12), thence S 850 401 15" W, 10.121 to the point of bc@ginl)illg.
H,tvinp tIlLtS establistied tlie poitit of begitinitig, thence S 040
35' 45" W, 612,81' to a poil)t; thence N 890 28' 26" W,
1.0.05' to a poitit; tlietice N 040 35' 45" E, 611.09' to a
I)oiiit; tlieii(,,t,@ N 850 '10' l@," E, 20.25' to tli(! poiiit ]f'
begiiiiiiiif,.
I
,,aid portioii of Ttiojiipkiiis l.iiiie to be clos(@d is locate(i in the
Keitipsville Borougli, Virginia Beach, Virgiiiia, contaiciitig 0.281
acres.
2. A c(@rtified copy of tliis ordiiiance of vacation shall b(!
as deecls ,ire i-ecorded aiid iildexed iii tlie tiaitie of the City of
Vii,l,iiiiii 9t?acli, V,ii,liiiia, @is i,,raritc)i,, iind iii the iianie of Sit,@iiet
Eiiterprises Ltd., as l@rintee, iii tlie Clerk's Offi(,e of tlie Circuit Court
of the City of Virgiiiia Beach, Virginia, at the expense of the applicant.
Certified to be a true aiid exact copy of an ordinance adopted
by Iti(@ (@ity Couiicil of the City of Virviiiia Beael), Virjillia, itt its
itteetiti,@, hei(i oil Llie _ Ltay ot 1 1988.
TESTE: RUTH SMITH, CITY CLERK
By:
City Clerk
Adopted:
This ordinance shall be effective sixty (60) days from the
date of its adoption.
State c)f \Iir@;-inia
City of Norfolk to.@t AFFIDAVIT
This day - -@-,@Y EE
gppeared before me and after being duly sworn mcde ,th that: personally
(He) (She)is of fidavit clerk of -VIRGTNTAili LED ER STA@
G newspaper published by Landmark Communicatio,,, i,c., in the cities of Norfolk, Portsmouth,
Chesapeake, Suffolk and Virginia Beach, State of Virginia;
(2) That the advertisement hereto annexed of
has been published in said
ne@spaper on the following dates:
------ 7 2 8 i 9 88
Subscribed and sworn to before me in my city and, state aforesaid th'is
--9th, day of AUG 1 9 88
My commissi'on expires
19
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SIGNET ENTERPRISES LTD.
Closure of Thompkins Lane
Kempsville Borough
- 49 -
Item IV-H.6
CONSENT AGENDA ITEM # 29930
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
Resolution re Appointments to the Board of the
Tidewater Transportation District.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 R E S 0 L U T I 0 N
2
3
4 WHEREAS, City Council has not established a formal
5 policy as to appointments on the Tidewater Transportation
6 District Commission;
7 WHEREAS, there are many decisions before the
8 Transportation District that are crucial to citizens of the City
9 of Virginia Beach, i.e., the Light Rail System, the expansion of
10 the bus system; determination of the Handiride routes, considera-
11 tion and adjustment of the fare structure;
12 WHEREAS, a close working relationship between the
13 governing bodies of the Tidewater Transportation District
14 community is a necessity to convey information in a timely
15 fashion;
16 WHEREAS, City Council desires to establish a policy in
17 this matter to serve this Council and to serve as a recommenda-
18 tion to future Councils of the City of Virginia Beach;
19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
20 CITY OF VIRGINIA BEACH, VIRGINIA:
21 That appointments by City Council to the Tidewater
22 Transportation District Commission shall be two (2) members of
23 the City Council.
24 Adopted by the Council of the City of Virginia Beach,
25 Virginia, on this 22nd day of August 1988
26
27 JDB/clb
28 08/17/88
29 08/18/88
30 CA 88-2891
31 TTD.res
- 50 -
Item IV-H.7
CONSENT AGENDA ITEM # 29931
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTED:
Ordinance to AMEND and REORDAIN Section 2-442 of
the City Code of the City of Virginia Beach,
Virginia, re Military Liaison Commission.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 2-442 OF THE CITY CODE OF
3 THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO A MILITARY
5 LIAISON COMMISSION
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 2-442 of the Code of the City of
9 Virginia Beach, Virginia, is hereby amended and reordained to
10 read as follows:
11 Section 2-442. Establishment of a Military Liaison Commission.
12 A MILITARY LIAISON COMMISSION is hereby established;
13 The mayor, the vice mayor and city manager shall serve
14 for the tenure of their offices or appointments, with the mayor
15 to chair the Commission;
16 The school superintendent and chairman of the school
17 board shall be requested to serve for the tenure of their
18 appointments; and,
19 The following officers, by virtue of their command
20 posts, comprise the military representation and that they shall
21 be requested to serve for the tenure of their respective
22 commands:
23 Conunander-In-Chief, U.S. Atlantic Fleet
24 Commander, U.S. Naval Air Force, Atlantic Fleet
25 Commander, U.S. Naval Surface Force, Atlantic Fleet
26 Commander, U.S. Submarine Force, Atlantic Fleet
27 Comman@eAr@,aFnighter Medium Attack Airborne Early Warning
28 Wings tcCommander, Naval Supply Center
29 Commander, Fifth Coast Guard District
30 Commander, U.S. Naval Base (Norfolk)
31 Deputy Commander, U.S. Naval Base (Norfolk)
32 Commanding officer, U.S. Naval Amphibious Base (Little
33 Creek)
34 Commanding officer, U.S. Naval Air Station (Oceana)
35 Conananding officer, U.S. Fleet Combat Training center-
36 Atlantic (Dam Neck)
37 Conffnanding Officer, Headquarters - Fort Story
38 Commanding Officer, Fleet Marine Force - Atlantic
39 Site Commander, Virginia Arnky National Guard
40 The Military Liaison Commission shall meet formally
41 and/or informally on a regular semi-annual basis to communicate
42 with each goverrimental entity, provide good public relations, and
43 create a better understanding of military regulations, civilian
44 laws and community interests.
45 Adopted by the Council of the City of Virginia Beach,
46 Virginia, on the 22nd day of August 1988.
47 NEW/lmt
48 8/17/88
49 CA-02892
50 \Ordin\Proposed\2-442-2.Pro
APPROVED AS TO CONC'ci'Niz,
SIGNATURE
DEPARTMENT
APPROVED AS TO
SUFFICiENCY A
CIT@
2
- 51 -
Item IV.I-1.
APPOINTMENTS ITEM # 29932
Upon motion by Councilman Baum, seconded by Councilwoman Henley, City Council
CONFIRMED the NORFOLK DISTRICT COURT APPOINTMENTS to the COMKUNITY CORRECTIONS
RESOURCE BOARD.
APPOINTED:
Clarence L. Sessoms
(for a 2-year term from 9/1/88 thru 8/31/90)
REAPPOINTED:
Barbara Hickey
(for a 2-year term from 9/1/88 thru 8/31/90)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 52 -
Item IV-I.2.
APPOINTMENTS TTEM # 29933
Upon NOMINATION by Vice Mayor Fentress, City Council APPOINTED to the
DEVELOPMENT AUTHORITY:
Kenneth F. Palmer, Jr.
(For a 4-year term from 9/1/88 thru 8/31/92)
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Reba S. McClanan
- 53 -
Itef,q IV-I.3.
APPOINTMENTS ITEM # 29934
Upon NOMINATION by Councilman Heischober, City Council APPOINTED to the PARKS
AND RECREATION COMMISSION:
G. Garland Payne At Large 3-year term
(9/1/88-8/31/91)
Henry 0. Pezzella At Large 3-year term
(9/1/88-8/31/91)
James A. Cutchins At Large 1-year term
(9/1/88-8/31/89)
Kenneth D. Nelson At Large 3-year term
(9/1/88-8/31/91)
A. Raymond Young Bayside Borough 2-year term
(9/1/88-8/31/90)
Diane Horsley Blackwater Borough 2-year term
(9/1/88-8/31/90)
Robert G. Hicks Kempsville Borough 1-year term
(9/1/88-8/31/89)
Homer McCoy Lynnhaven Borough 3-year term
(9/1/88-8/31/91)
Arthur Metheny Princess Anne Borough 1-year term
(9/1/88-8/31/89)
Donald Lee Pungo Borough 2-year term
(9/1/88-8/31/90)
Clifton N. Strickland Virginia Beach Borough 2-year term
(9/1/88-8/31/90)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 54 -
Item IV-I.4.
APPOINTMENTS ITEM # 29935
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED the SMOKING
POLICY ADVISORY COMMITTEE:
Public Health Department Dr. George C. Sjolund
Convention & Visitors Development James B. Ricketts
City Attorney's Office Randall M. Blow
Hotel/Motel Association Flo McDaniel
Virginia Beach Restaurant Association Kal Kassir
Retail Mechants Association Charles Hull
Virginia Beach Chamber of Commerce C. Roy Kelley
Council Civic Organizations Lee Banks or Designee
City Staff Linda Champion
The Advisory Committee shall follow the Scope of Implementation presented by
Mayor Meyera E. Oberndorf.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
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Item IV-I.5.
APPOINTMENTS ITEM # 29936
BY CONSENSUS, City Council RESCHEDULED APPOINTMENTS to:
TIDEWATER TRANSPORTATION DISTRICT C " ISSION
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Item IV-I.6
APPOINTMENTS ITEM # 29936
Upon NOMINATION by Councilwoman Henley, City Council APPOINTED to the VOLUNTEER
COUNCIL:
Betsy Spence
(Unexpired term of Marnie Morgan thru 12/31/89)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
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Item IV-I.7a.
APPOINTMENTS ITEM # 29937
Upon NOMI[NATION by Councilman Baum, City Council APPOINTED to the WETLANDS
BOARD:
C. H. DORCHESTER
(for a 5-year term from 9/18/88 thru 9/30/93)
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Mayor
Meyera E. Oberndorf, Nancy K. Parker, John L. Perry
and William D. Sessoms, Jr.
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Reba S. McClanan
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Item TV-I.7a.
APPOINTMENTS ITEM # 29938
Upon NOMINATION by Councilman Baum, City Council REAPPOINTED to the WETLANDS
BOARD:
Jane M. Purrington
(5-year term from 9/18/88 thru 9/30/93)
John T. Sprague, Jr.
(5-year term from 9/18/88 thru 9/30/93)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 59 -
Item IV-J.1.
UNFINISHED BUSINESS ITEM # 29939
City Council took NO AcrION regarding:
AUTHORIZATION: The issuance of water and sewer
bonds of the City of Virginia Beach, Virginia, in
the maximum amount of $200,000,000, subject to the
approval of the qualified voters.
This item was MOVED FORWARD on the Agenda.
The City Clerk advised there were no speakers registered.
- 60 -
Item TV-K.I.
NEW BUSINESS ITEM # 29940
Attorney James Pickrell represented the applicant and REQUESTED RECONSIDERATION
of a Condition in the application of EXXON COMPANY, USA for a Conditional Use
Permit for a Car Wash and Gas Pumps in conjunction with a convenience store
(ADOPTED by City Council on March 14, 1988)
ORDINANCE UPON APPLICATION OF EXXON COMPANY, U.S.A.
FOR A CONDITIONAL USE PERMIT FOR A CAR WASH AND GAS
PUMPS IN CONJUNCTION WITH A CONVENIENCE STORE
R03881123
Ordinance upon application of Exxon Company, U.S.A.,
for a Conditional Use -Permit for car wash and gas
pumps in conjunction with a convenience store on
certain property located at the southwest corner of
Indian River Road and South Military Highway. Said
parcel is located at 841 South Military Highway and
contains 1.02 acres. Plats with more detailed
information are available in the Department of
Planning. KEMPSVILLE BOROUGH.
The following condition was requested for RECONSIDERATION.
5. The applicant shall comply with the City's current
Sign Ordinance.
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Baum to
RECONSIDER Condition No. 5. The sign shall be fifteen (15) feet rather than
twelve (12) feet.
Voting: 5-5 (MOTION TO RECONSIDER OST DUE TO TIE VOTE)
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessoms,
Jr.
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, John D. Moss,
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
Reba S. McClanan
- 61 -
Item IV-K.2.
NEW BUSINESS
ADD-ON ITEM # 29941
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADOPTED:
Memorandum of Understanding between the City and
the Virginia Beach Development Authority. (Rules of
Procedure.)
This document is hereby made a part of the proceedings.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker,
John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Presented by Meyera E. Oberndorf, Mayor
August 22, 1988
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY COUNCIL OF VIRGINIA BEACH
AND
THE VIRGINIA BEACH DEVELOPMENT AUTHORITY
The City Council and the Development Authority have a
long history of successfully fostering industry, creating jobs
and diversifying the tax base of the City. This long history of
successfully working together has recently been questioned. In
order to assure the future of this successful work, we are today
pr.oposing the following guidelines as a mechanism to ensure that
the Authority's great good accomplished for the City is not
questioned in the future. This three point plan is as follows:
1. If conditions make it mandatory that the Authority
employ an outside real estate agent, then that agent should be
given strict written instructions as to the scope oE his
authority. Specifically, the agent should not be given the
power to execute contracts on behalf of the Authority. Members
of the Authority and the City Attorney's Office should review all
contracts for real estate acquisition or disposition before these
contracts are endorsed.
2. Under no circumstances should a contract be entered
into without a contingency clause allowing the Authority to get
out of a real estate deal if clouds on title show up during a
title search.
3 It is agreed that the City Attorney should conduct
a title search of properties proposed to be acquired before
negotiations are commenced with the individual property owners.
By following this procedure, we will know up front exactly what
we are or are not purchasing.
We fully realize that In the course of proillotitig the
economic development potential of the City it may occasionally be
necessary to deviate from these guidelines. If deviation is
necessary, we would respectfully request it be done af ter
consultation with the Mayor, the Vice-Mayor, City Manager and the
City Attorney. This will ensure that all those who might
eventually be held accountable will be fully informed.
Furthermore, it will guarantee the City Attorney's Office the
opportunity to ensure that proposed actions will meet with all
public procurement policies of the Commonwealth of Virginia or
the City of virginia Beach.
Again, the Council would like to congratulate and
thank the Development Authority for the wonderful work it has
done for the City in the past. Through the Authority's work we
have been able to create thousands of jobs which has allowed us
to diversify our tax base, thus keeping the property tax burden
as low as possible. The aggressiveness with which the
Development Authority is now working toward creating the new
industrial parks at the White Farm and expanding our existing
industrial parks ensures this momentum in diversifying our tax
base.
an
- 62 -
Item V-L. 1.
ADJOURNMENT ITEM # 29942
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 10:28 P.M.
BeverlFO. Hooks
Chief Deputy City Clerk
@th Hodges-Smith, CMC Tey6ra Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
3. It is agreed that the City Attorney should conduct
a title search of properties proposed to be acquired before
negotiations are commenced with the individual property owners.
By following this procedure, we will know up front exactly what
we are or are not purchasing.
We fully realize that in the course of promoting the
economic development potential of the City it may occasionally be
necessary to deviate from these guidelines. If deviation is
necessary, we would respectfully request it be done after
consultation with the Mayor, the Vice-Mayor, City Manager and the
City Attorney. This will ensure that all those who might
eventually be held accountable will be fully informed.
Furthermore, it will guarantee the City Attorney's Office the
opportunity to ensure that proposed actions will meet with all
public procurement policies of the Commonwealth of Virginia or
the City of Virginia Beach.
Again, the Council would like to Congratulate and
thank the Development Authority for the wonderful work it has
done for the City in the past. Through the Authority's work we
have been able to create thousands of jobs which has allowed us
to diversify our tax base, thus keeping the property tax burden
as low as possible. The aggressiveness with which the
Development Authority is now working toward creating the new
industrial parks at the White Farm and expanding our existing
industrial
base.
parks ensures this momentum in diversifying our tax
Van It. Ci~nnin~am, c~rman
- 62 -
Item V-L.1.
ADJOURNMENT
ITEM # 29942
Upon motion by Councilman Baum and BY ACCLAMATION, City Council ADJOURNED the
Meeting at 10:28 P.M.
Beverly"O. Hooks
Chief Deputy City Clerk
~th Hodges~Smi~h, CMC
City Clerk
Mey~ra(~. Oberndo~f ~
Mayor v
City of Virginia Beach
Virginia
August 22. 1988