AUGUST 17, 1987 MINUTESCITY COUNCIL
City of Virgilqia [3cacla
"WORLD'S LARGEST RESORT CITY"
~81 CITT HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH CITY COUNCIL
VIRGINIA BEACH, VIRGINIA [8041
AGENDA
AUGUST 17, 1987
ITfM I.
CITY PAN~n~'S BRIEFING
A. 25TH ANNIVERSAKf CCMMITTEE - Status 9eport
B. VIRGINIA BEACH CITY JAIL
C. ~UNICIPAL PROPERTY ACQUISITION - Certificate of Participation
D. fMPLOYEE ASSISTANCE PROGRAM
E. INDIAN RIVER ROAD - Six-Laning
ITfM II.
COUNCIL~'~-~ION
A. ClTY ODUNC~~
ITm~ III. Ib~O~4AL SESSION
A. CALL TO C~Df~ - M~y~' Rabert G. Jones
- Conference Bocm- 12:30 PM
B. ROLL CALL CF COUNCIL
C. ~ TO EX~JOJ'i'iffE SESSION
IT~4 IV.
FOI{MAL SESSION
A. INVOCATION:
Reverer~ C. A. Vinson
Piney Grove Baptist fhurch
B. pI',le/IGE OF /%I.I~IANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL CF CITY COUNCIL
D. ADOPTION C~ ITfI~S FOR THE FORMAL AGffx!DA
E.
1. inpo@ & Fo@ MSSIUZ - August 10, 1987
F. PUAUC HEARIM
1. OF IONAL FAR-=TIES @ of the City of Virginia
Beach, virgi-nia, in the maximu-n awunt of $32,850,000, subject to
the apprcval of the Walified Voters - 1987 Bond PeferendL'n.
G. C
1.
a. @IDERATION of the application of Turner and Assc)ciates fc)r
a Cbnditional Use Pemit for a day care center (Children's
World) located at the sc)utheast corner of Di@nd Springs lbad
wO Virginia @ch (burt, designated as Lot 13, Section 6,
hbsleyan Pines, containing 1.247 acres (Bayside Borough).
Apprcved by City (bmcil June 8, 1987, and Reconsideration
authorized by City Cburr-il July 6, 1987. This item vas
deferred Pugust 10, 1987.
b. Application of Frank T. Williams for a variance to Section
5.5(a) and (b) of the SLibdivision ordin@e which requires that
all lots have direct access to a @lic street. Ilhis site is
located on the southside of Name Creek lbad 970 feet @st of
Charity Neck @ad (Pungo BoroLigh)r
Pecamieridation: APPROVAL
c. Ppplication of Princess Ame Ccmwm I, a Virginia Limited
Partnership for Changes of Zon@ District Classification on
North @ing Poad and George Mason Drive (Priw-ess Anne
Borough):
Etcrn AG-1 Agricultural District to 0-1 Office District, 30.9
acres;
Etcm AG-1 Agricultural District to B-1 Business-Residential
District, 1.9 acre;
Fran Ag-2 AgricuLtural District to B-1 Business-Residential
District, 5.3 acres,
AND,
Fran Aig-2 Agricultural District to 0-1 office District on
Parcel 1 and Parcel 2, 2.8 acres.
Recomendation: APP
d. @ication of Kinder-CaLre Canters, Inc. for a
(b@itional Use Pemit for a day care center on certain
property located on the @st side of General Boc)th Doulevard,
1323.97 feet south of @bell Drive, containing 40,000 square
feet (Princess Anne Borough).
P,ecmmrdation: DENIAL
e. knendynents to tlie City of Virgiriia Beach @ehensive
1. Article 12: Floodplain @ations
2. Article 14: Wetlarids
3. Article 16: Pr@ Sand Dune Zonirig Crdinance
H. CRD RES=ICNS
1. RESOUYRION - DEVEM@ REFUNDIW. BOND
a. Atlantic lbscrt Associ-ates $4,000,000
2. Pesc)lution authorizing aid directing the City Manager to execute an
agreEment to prcvide an Bmployee As@tanae Progran.
3. Pesolution proposing that the Ger)eral Assembly @@ Section 6.05:1
and repeal. 6.05:2 of the Charter of the City of Virginia
Bear-h'Virginia, both relating to the issuance of Bonds.
4. ordinance upon FIIW @IM authcrizing the issuance of for
Juvenile Dcmestic Relations Distxict Facilities for the CLty
of Virginia Be-ach, V@@, i-n the maximun amount of $7,500,000,
1
..biect to the apprcval of the Qualified Voters, 1987 Referendm.
5. ordinarr-e upc)n SWM RERDIM authari@g the issuarr-e of
Pe=eational Facilities Bords of the City of Virginia Beach,
Virginia, in the maximixn a-nount of $32,850,000 subject to the
approval of the qualified voters, 1987 Beferendm.
I. CONSENT
All matters listed under the ODnsent Agenda are considered in the
o@iary ciDLirse of business by City odurr-il and will be enacted by one
mc>tijon in the fom listed. If an itern is remcved fran the Cbnsent
ALgenda, it will be discussed and voted upon separately.
1. Ordinance to anend md reordain Sectijon 21-279 of the Oc)de of the
City of Virginia Beach, pertaining to drivers license restrictions
violated.
2. Crdincnce to transfer $62,394 for a custodial @ices omtral-t at
@ Central Librazy.
3. crdinance u@n SBCOND @IM to accept and appropriate $165,000
fran the U.S. Department of Hc)using and Uiban Develo@t for
P,ental ilitation.
4. Crdinance upon SBCCND READIW. to acc@ an entitlement grant frcrn
the U.S. Departnent of Housing and Uiban DevelopTLent and to
appropriate apprcximately $2,160,000 for the virginia Beach
Ccmunity Develo@t's th Program year.
5. Ordinance upc)n READIW- to appropriate $2,766,250 to Project
#2-075 Posewnt ibad-phase iV to fund the City's share of cx:)sts for
@ovErnents to adjacent roadvays and facilities in cc)nnection with
the Tandstom Refuse Transfer Statica.
6. RELF f]Le t: Wmm's Club of Chesapeake Beach
7. Ordinarce authorizing tax refunds in the ammt of $6,114.47.
B. Ordinance authorizing licence refunds in the anount of $7,574.69.
J. APPOINTMENTS
1. TY CORRECTIONS RESOLUCE
2. DEVELDEMENT AUTHORITY
3. DISASTER GROUP
4. HAMPR(DN ROADS AIR POLLUTION CCWRDL DISTRICT SICN
5. mosQuiTo CoNTRoL comAissioN
6. RJBLIC LIBRARY BOAPD
7. W@ BOARD
K. UWINISHED BUSINESS
L. NEW BUS
M.
VIMINIA BEACH CITY COUNCIL
ALL ';F-CNIONS
SCHEDULED FOR MONDMI SEPTEMBER 71 1987
AND
MOUW, 28, 1987
HP,VE BEEN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
August 17, 1987
The CITY MANAGER'S BRIEFINGS of the VIRGINIA BEACH CITY COUNCIL were called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, August 17, 1987 at 10:00 A.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Absent:
Reba S. McClanan was out of the City on business
John D. Moss (ENTERED: 10:20 A.M.)
- 2 -
C I T Y M A N A G E R' S B R I E F I N G
TWENTY-FIFTH ANNIVERSARY COMMITTFE
Item # 27846
The City Manager introduced Nancy A. Creech, former Council Member and Chairman
of the TWENTY-FIFTH ANNIVERSARY COMMITTEE.
Nancy Greech presented the STATUS relative the TWENTY-FIFTH ANNIVERSARY
COMMITTEE and introduced those Members in attendance. An EXECUTIVE COMMITTEE
was selected to outline the fundamentals of a Basic Plan. The TWENTY-FIFTH
ANNIVERSARY COMMITTEE was presented the EXECUTIVF COMMITTEE'S PLAN and
unanimously concurred. Chairwoman Creech presented each Council Member with a
basket lunch commemorating the TWENTY-FIFTH ANNIVERSARY, carefully chosen so
not to spoil at whatever time the Council Member should choose to lunch.
The TWENTY-FIFTH ANNIVERSARY COMMITTEE advised their goal was to coordinate a
Celebration of which the Citizens and Committee Members would be proud. Like a
perfectly planned menu all is useless without implementation. Councilwoman
Creech introduced Michael Barrett who presented the dimensions of the PLAN.
Michael Barrett advised the COMMITTEE'S OBJECTIVES:
To allow the Citizens and Leadership of Virginia
Beach to learn about the City's Past, recognizing
the Present and Celebrating the Future.
Constructive attention must be paid to the
accomplishments, activities and potential of this
the largest and BEST City in the Commonwealth of
Virginia.
To beneficially involve the constituency in the
pride of their own City and in the participation of
its Celebration.
If these OBJECTIVES are obtained, certain benefits will accrue.
The City will be showcased to new residents, as
well as the Commonwealth and throughout the Nation.
Certain economic benefits will also be derived from
the Public Relations program.
As many citizens as possible will be involved which
will increase the sense of togetherness and
corporate citizenship.
The OPENING CELEBRATION will commence on January 8, 1988, at The Pavilion. The
decor and favors and the dinner will highlight THE CITY'S 25th BIRTHDAY. The
Celebration will accommodate approximately 2,000 people. The general public
will be invited as well as Mayors, City Managers from surrounding cities,
Virginia Governors since 1963, past Council Members and past Constitutional
Officers. Professional Entertainment will be provided. The cost anticipated is
approximately $25 per person to assist in defraying the cost of the
Celebration. The CELEBRATION will continue through the summer and terminate
with the NEPTUNE FESTIVAL. Ocean Occasions will be a vehicle by which the
CELEBRATION entertains. The COMMITTEE will also co-ordinate and co-operate
with the School System in their program to commemorate THE CITY'S BIRTHDAY.
Thus, allowing the Civic lesson to become a real lesson. The theme of THE
CITY'S BIRTHDAY will co-ordinate with THE NEPTUNE FESTIVAL'S SPECIAL EVENTS. A
City By the Sea Day will enhance the City's Departments and Agencies to the
BOARDWALK to erect displays depicting the workings of the Government and City
officials shall be in attendance to discuss the fundamentals of the Government
with citizens. This shall be the weekend before the NEPTUNE FESTIVAL.
- 3 -
C I T Y M A N A G E R' S B R I E F I N G
TWENTY-FIFTH ANNIVERSARY COMMITTEE
ITEM # 27846 (Continued)
Through the purchase and display of Banners and Flags and the sponsorship of
events, the Business Community will be involved. Through OGEAN OCCASIONS and
THE NEPTUNE FESTIVAL, the City will tie in corporate sponsorship through these
events. THE TWENTY-FIFTH ANNIVERSARY Stickers will appear on City Mailings. A
logo is anticipated being ordered and incorporated for the City's BIRTHDAY.
Michael Barrett advised a special flag is anticipated for this event. To
commemorate the TWENTY-FIFTH ANNIVERSARY, a special artwork will be done.
Buckley Moss has offered to do a special commissioning for THE TWENTY-FIFTH
ANNIVERSARY. A public relations program will operate in conjunction with THE
BIRTHDAY. Michael Barrett advised special items are also anticipated.
Stationery and Seal, commemorative silver medallion and a newspaper
supplement in the VIRGINIA-PILOT/LEDGER-STAR. The Celebration will coordinate
with the issuance of the History of Virginia Beach from the FIRST LANDING to
the Present which will be designated as THE TWENTY-FIFTH ANNIVERSARY. Dr.
Stephen Mansfield, Virginia Wesleyan College, will compile this history. Many
events will supplement this particular program. Contacts have been made with
GOOD MORNING AMERICA.
Michael Barrett advised the anticipated cost of the program would be $215,000.
Significant corporate support is anticipated to be generated. Because of this
support, financial support from the City Council was requested in the amount of
$150,000. Giles Dodd, Assistant City Manager for Administration, would oversee
all expenditures of funds.
Judge George Vakos, Member of the Executive Committee, advised there were ma,-iy
communities through the State who do not recognize Virginia Beach as the
largest City, and it was felt this would be the opportunity to advise same with
the best job possible.
Chairwoman Creech advised utilizing the City's auto decal, if possible, to
carry the designation of the CITY'S TWENTY-FIFTH YEAR. A co-ordinated Religious
Recognition Day was also suggested with the Religious Community developing this
day.
Giles Dodd, Committee Member and Assistant City Manager for Administration,
advised since the CELEBRATION would occur in two fiscal years, the needed
allocation might be divided among each of the BUDGETS.
Chairwoman Creech advised THE NEPTUNE FESTIVAL, in the festival alone, derived
between $10-and $13-MILLION in economic benefits.
James Hicketts, Member of the Committee, advised the name itself would lend to
a lot of outside publicity and Press Releases. The CITY'S TWENTY-FIFTH YEAR
CELEBRATION would also be a vehicle to bring tourists to Virginia Beach.
Chairwoman Creech cited examples of other City's expenditures related to
Celebration of Events:
Hampton, Virginia $250,000
Louisville, Kentucky $150,000
Milwaukee, Wisconsin $200,000
Memphis, Tennessee $250,000
Vice Mayor Oberndorf suggesting co-ordinating with Chairman Youell of the
CONSTITUTION'S CELEBRATION COMMISSION regarding a celebration of the Princess
Anne Courthouse, which the City has requested be declared a HISTORIC LANDMARK.
- 4 -
C I T Y M A N A G E Ri S B R I E F I N G
VIRGINIA BEACH CITY JAIL
TTEIA # 27847
10:44 A.M.
The City Manager introduced Melvin M. Spence, Architect, who advised relative
the Expansion of the VIRGINIA BEACH CORRECTIONAL FACILITY.
Melvin M. Spence and Associates in conjunction with Marion J. Varner and
Associates, Correctional Facility Consultant, received a contract from the City
of Virginia Beach to conduct a study to determine the present and future needs
of the VIRGINIA BEACH CORRECTIONAL CENTER, prepare preliminary plans and a cost
estimate for present needs to the year 1988, and a master site plan for
projected needs to the years 1998 and 2008. The brochures entitled "PROGRAM
AND SPACE REQUIREMENTS FOR VIRGINIA BEACH CORRECTION CENTER" and "THE VIRGINIA
BEACH CORRECTIONAL GENTER COST ESTIMATE & PRELIMINARY PLANS" are hereby made a
part of the record.
The present correction facility was designed in 1975, and has a rated capacity
of 166 inmates. The new addition is designed to house 193 inmates. In
addition, the new facility will contain 20 holding cells and 18 special purpose
cells for medical and isolation purposes. The rating capacity will be 359
inmates not counting the special cells. Last weekend, the capacity was 356.
The estimate reflects a construction cost totaling $11,291.782.00. Some
possible alternatives have been made to reduce the cost by approximately $2-
MILLION, if the third floor is constructed as a shell, and concrete masonry
units are used in lieu of cast-in-place concrete. This would change the rated
inmate housing space from 193 inmates to 88 inmates. The Capital Improvements
Program includes a $6,000,000 BUDGET for a 100 inmate low security facility.
Since the population of the existing facility has more than doubled its design
capacity of 166 inmates, it is not believed practical to build a facility of
this size, which would impair the site for future expansion.
Marion J. Varner, Architect, advised the character of the community is mostly
residential supported by Military bases and agricultural. Virginia Beach does
not have the concentration of population that create prime crime problems as in
some of the older larger cities. Many factors were interpolated to derive a
reasonable projection of prisoner capacity. Virginia Beach's facility has been
running over capacity for a number of years. From the time said report was
commenced, the State of Virginia changed their requirement on how you rate a
building. In a median security dormitory, the City could use 60 square feet
per prisoner to rate that dormitory. Approximately a month ago, when the plans
were reviewed with the State, this had been changed to 70 square feet per
inmate. The recommendation of Marion Varner was when the bunks are installed in
the dormitory, space is left for an additional bunk. The American Correctional
Association's Committee on Accreditation, which is utilized by the Sheriff's
Department, advise all over the Nation 50 square feet is adequate. The State
of California and many other States use 50. One of the possibilities was the
use of modular, interim or temporary detention facilities, which could be
located on the site, not where the building is going to be built but to handle
the Sheriff's problems for the next two or four years or whatever time is
necessary to build the next unit. Once these aforementioned units are no longer
needed, they can be unbolted and sold to one of the other Virginia communities.
Marion Varner advised his approach was to provide the information necessary so
the City Council could make the proper decision on the long range solution.
Councilman Moss referenced the POPULATION PROJECTION of 455,000 by the year
2006. This is not consistent with any population projection utilized with
reference to Schools, Lake Gaston, Highways, et cetera. Councilman Moss was
advised 2/3 of this total prison population is awaiting sentencing or
processing. Councilman Moss suggested a regional facility to house these
prisoners in waiting.
Councilman Balko advised this $11-MILLION would be approximately $56,000 a
room.
Councilman Heischober advised with further reference to a regional facility,
that in 1981, he served on a Committee representing the City Council. This
Committee was composed of all the Hampton Roads Cities, Isle of Wright and
Franklin.
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C I T Y M A N A G E R' S B R I E F I N G
VIRGINIA BEACH CITY JAIL
ITEM # 27847 (Continued)
This Committee was chaired by Senator Walker and the Supervisor of the State
Department of Corrections also served on said Committee. A site was found in
Isle of Wright, an abandoned army barracks. This plan was killed immediately.
The second choice was Norfolk in an old building until Senator Walker again
began hearing from his constituents.
In response to Councilman Moss, Marion Varner referenced Chart 9 which
reiterates PRISONER COUNT for 1983-84 and 1984-85 of those: AWAITING TRIAL,
SENTENCED, OTHER OR UNKNOWN.
Councilwoman Henley referenced the Existing Detention Facility on Page 13, the
Architects indicate areas within the existing facility such as the kitchen,
booking, prisoner property, security control center, exercise areas, Sheriff's
administration, library, all purpose room, counseling rooms, classification,
and other spaces are adequate for the added holding requirement and will not be
duplicated. Apparently, something is being added other than prisoner space
since in building two-thirds of the building, in the first two floors less than
1/2 of the inmate expansion capability would be derived. Apparently the first
floor is utilized by things other than inmate housing.
Marion Varner advised the present kitchen is adequate to prepare food for the
entire complex. In the new facility is a new dining room and a pantry-type
kitchen which will serve food prepared in the main kitchen. Mr. Varner further
advised with the concurrence of the Police Chief and the Sheriff, as well as
some of the magistrates, it was the belief that CENTRAL BOOKING would be cost-
effective for Virginia Beach. In the present design are shown the facilities
for CENTRAL BOOKING. All of this occurs on the first floor along with the
twenty special purpose cells. The type of building is beyond the City's local
Code. The State and Federal Government prescribe the regulations.
Councilman Perry believed a portion of the prisoner population was due to
repeaters. They state 'this is the best room in town'.
Councilwoman Parker suggested using the precast concrete utilized by several
hotels and found to be less expensive. Marion Varner advised this would be
practically impossible on this type of facility. There are too many things in
the wall, honeycombed with conduit and special controls and locks. Marion
Varner did recommend the use of concrete block on the interior of the facility.
Councilwoman Parker referenced the utilization of the "Electronic Bracelet" to
allow the minor offender to serve his time at home. Marion Varner advised
this was not used in the City at the present time; however, this would not
materially affect the total count.
Marion Varner further advised for the past 5-years, the City has been running
100% over capacity. If this facility was APPROVED by City Council today, it
would be at least three years before the Sheriff could incarcerate anyone
there. Thus, the City has a problem for the next three years. Even the modular
temporary jail might be a solution.
Councilman Moss advised he had received from the City Manager the lastest
population projections of 488,000 for the year 2,000. Councilman Moss advised
this reflected the proposed facility would be obsolete 6 years from its
opening.
Marion Varner advised a separate unit would be the next phase of expansion.
Councilman Moss advised if the population figure of 488,000 for the year 2,000
is going to be the basis for the CAPITAL IMPROVEMENT PROGRAM, and SCHOOLS, this
same set of growth assumptions should be utilized for all capital assumptions.
In response to Councilman Perry's inquiry relative the new State prisons,
Sheriff Overman advised the State is planning to close down the State
Penitentiary in Richmond. Sheriff Overman advised the Jail's population was 315
inmates this morning.The high for the year has been 356 and the average daily
population has been 290 since January First. In three years time, there will be
approximatelY 400.
The City Manager advised the City Staff will present their specific
recommendations as a part of the CAPITAL IMPROVEMENT PROGRAM.
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C I T Y M A N A G E R IS B R I E F I N G
MUNICIPAL PROPERTY ACQUISITION - CERTIFICATE OF PARTICIPATION
11:35 A.M.
ITEM # 27848
The City Manager advised on October 3, 1986, the City distributed a Request for
Proposals for a third party financing arrangement for the acquisition of land
adjacent to the Municipal Center.
Giles Dodd, Assistant City Manager for Administration, introduced Mary Jo White
of Hunton and Williams, who distributed a letter dated August 17, 1987, to
Giles G. Dodd relative the City of Virginia Beach, Virginia Structure of
Lease/Purchase Financing for Acquisition of Land (said letter is hereby made a
part of the record). The financing team chosen consisted of WHFAT, FIRST
SECURITIES, INC. Mary Jo White explained the basic structure of the financing.
The lease/purchase concept provides a method for financing the acquisition of
land and public improvements without incurring I'debtll because although the City
is required to include the rent payments on the certifications of participation
in its annual budget, the City is not legally obligated to appropriate the
fu,ids. Therefore, these certificates are not subject to the debt restrictions
in Section 6.05:1 of the City Charter. In the proposed issue, Wheat, First
Securities, Inc. will sell certificates in a public offering very much like a
public offering of bonds. The certificate proceeds will be deposited with a
trustee under a trust agreement and will be used, at the City's instructions to
acquire the land. The land will be leased to a nominal leasing entity for a
long term, pursuant to its prime lease. The nominal lessee will lease the land
back to the City under real property lease agreement providing for payment by
the City of rent payments equal to debt service on the certificates and debt
service on any additional certificates that may be issued in the future. The
City agrees to maintain the property, any improvements which may be placed on
the property, provide for insurance and assume other obligations of an owner.
The nominal lessee assigns to the trustee as security for the certificates, the
rental payments by the City and all other riglits under the real property lease
agreement.
The City must advertise and receive bids for the nominal lessee. The notice
must be published once a week for four successive weeks. The initial financial
obligation of the City will be the appropriate one year's rent. The real
property lease agreement obligates the City's administration to include the
amount of the rent payments in each annual budget submitted to the Council.
The Council, however, will not be legally obligated to make these
appropriations. Investors will buy the certificates on the expectation that
the City will continue to make annual appropriations throughout the life of
the certificates. Of course, failure by the City to make these appropriations
will result in the trustee foreclosing on its security and evicting the City
from the land. Therefore there is every incentive for the City to continue to
make the rental payments. Failure to do so would not only seriously damage the
City's credit but would result in the City's loss of the equity built up in the
land and the loss of use of any facilites located on the land.
The certificate holder's security is the assignment of rent payments under the
real property lease agreement plus a deed of trust on the leasehold interest in
the real property and any improvements thereon. The real security, however, is
the expectation that the City will make the annual appropriations of rent and
would not risk loosing the property by failure to make such appropriations.
Giles Dodd advised the City had advertised for this nominal lessee on August
16, 1987. This add was scheduled to run for four consecutive weeks. On
September 14, 1987, the City Council is SCHEDULED to award the NOMINAL LESSEE.
On September 21, 1987, the City will sign the Purchase Agreement and also
consider an Ordinance to APPROVE this transaction.
Suzanne Young of Wheat First Securities, Inc. advised there was discussion
relative insurance on the certificates.
Mary Jo White advised the approximate $6.3-MILLION is the estimate by the
Underwriters based on $5.5-MILLION of actual acquisition cost.
Councilman Moss requested the City Staff provide the basic difference between
the previously quoted $6.3-MILLION and $5.5-MILLION for acquisition costs and
provide the City Council by major category what the additional $800,000 is
and how much is reserved.
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C I T Y M A N A G E R IS B R I E F I N G
INDIAN RIVER ROAD - SIX-LANING
11:50 A.M.
ITEIA # 27849
The City Manager introduced Donald Trueblood, City Engineer, who spoke relative
the ALTERNATIVES for INDIAN RIVER ROAD PHASE IV. Donald Trueblood introduced
Steve Edwards, Consultant, Benny Gilbert, Special Projects, Bobby Wheeler,
Project Engineer and Fred Burchett, Assistant Traffic Engineer.
In October 1985, the Indian Lake Apartment Site Plan was APPROVED and in
October 1986, the Indian River Condominiums site plan was APPROVED. A four-lane
undivided Indian River Road through that section is not compatible with
expansion to six-lanes divided. The Consultant was then requested to study
alternatives.
Alternate 1 - Four Lanes undivided from Ferrell Parkway to Indian Lakes
Boulevard and Four Lanes Divided from Indian Lakes Boulevard to Lynnhaven
Parkway. FSTIMATED ACQUISITION COSTS: $375,000.00. TOTAL COST: $3,415,000
Alternate 2 - Six Lanes along the Present Indian River Road alignment. This has
a major impact on structures which are built or already have approved plans.
ESTIMATED ACQUISITION COSTS: $4-MILLION (Just the actual property value does
not include damages.) TOTAL COST: $7,840,000
Alternate 3 - Provides 6-lanes on Indian Lakes Boulevard up toward Ferrell
Parkway with a grade-separated intersection at Ferrell Parkway and provide for
a cul-de-sac on Indian River Road. ESTIMATED ACQUISITION COSTS: $400,000. TOTAL
COST $4,402,000.
Donald Trueblood advised the consultant is modeling several intersections
utilizing the above intersections as a criteria to identify the impact. The
modeling will be complete on August 18, 1987. It will take approximately a
week to analyze the results of the modeling and develop recommendations.
Information relative these Three Alternates was distributed and is hereby made
a part of the record.
Alternate 2 was ELIMINATED from consideration as same was cost prohibitive
City Council suggested an Alternate 4 be developed, which would consist of
three lanes, with two lanes in an easterly direction.
The City Staff will provide the results of the modeling at the City Council
Meeting of September 14, 1987, relative 1, 3 and 4. The level of service will
also be provided.
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ITEM # 27850
The COUNCIL CONCERNS SESSION of the VIRGINIA BEACH CITY COUNCIL was called
to order by Mayor Robert G. Jones in the Conference Room, City Hall Building,
on Monday, August 17, 1987 at 12:15 P.M-
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Absent:
Reba S. McClanan
- 9 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITF14 # 27851
Councilman Heischober referenced the letter of August 13, 1987, from Jeff
Kinsley, Assistant Executive Director, ALBEMARLE COMMISSION, relative the
elected officials and economic leaders of Northeastern North Carolina and
Tidewater Virginia sharing in a joint venture to establish a WELCOME CENTER
that would be a one-of-a-kind facility. (Said letter is hereby made a part of
the record).
A Welcome Center located in the Great Dismal Swamp would service both highway
traffic and waterway traffic and has the potential to be a spectacular drawing
card.
The Mayor will reply to said correspondence.
ITEM # 27852
Councilwoman Parker referenced the application of Frank T. Williams for a
variance to Section 5.5(a) and (b) of the Subdivision Ordinance which requires
that all lots have direct access to a public street. This site is located on
the southside of Nanneys Creek Road 970 feet west of Charity Neck Road (Pungo
Borough). (See Item Iv-G.l.b.).
As this is a major land use policy, the entire City Council should hold a
discussion relative same.
The City Manger referenced a Memorandum dated August 17, 1987, from Jack
Whitney, Chief of Comprehensive Planning. This memorandum requests a deferral
of sixty days. Grass swales are considered to be a Best Management Practice and
may be appropriate for this site, the staff would like the opportunity to
complete a review of Sections 5.5(a) and (b) to develop a policy whereby the
use of grass swales would be as acceptable as the required curb and gutter in
conjunction with underground storm sewers under certain soil, topographic and
density conditions. The Planning Commission is currently reviewing a draft
Stormwater Management Ordinance which would mandate the use of appropriate
BMP's in new development. (Said letter is hereby made a part of the record.)
ITEM # 27853
Councilman Fentress requested the City Staff prepare an update relative the
situation at the intersection of Birdneck Road and Norfolk Avenue. Traffic
seems to be increasing cutting through from the Toll Road going down either
from Birdneck or the Ocean Front. A traffic light could be installed, but this
will not assist as much as the possibility of a stacking lane. There is not
much room to accomplish this, but Councilman Fentress has been advised there is
a possibility that lanes could be narrower than indicated.
ITEM # 27854
Councilman Fentress also referenced an article in THE WASHINGTON POST entitled
"The City by the Seal' relative Virginia Beach. This is a very positive and
complimentary article,"A Boomtown Has Been Overlooked". (Copies of said
article were distributed to City Council and are hereby made a part of the
record.)
ITEM # 27855
Councilman Balko referenced his recent concern relative combining the Utility
Bills with Hampton Roads Sanitation District. Other municipalities have
requested HRSD to do this and they would be amendable; however, not on a
locality by locality basis. They would wish to do the same for all. Councilman
Balko requested the City Manager contact the other municipalites as to whether
they would be interested.
- 10 -
C I T Y C 0 U N C I L C 0 N C E R N S
(Continued)
ITEM # 27856
Councilman Perry expressed concern relative the Health Department's report of
poor soils in Burton Station. Councilman Perry received a letter from the
Industrial Department. Burton Station is right over the Pungo Ridge. No
decision should be made by any Department without going though the City Council
or through the City Manager so there will no misunderstanding. Councilman
Perry indicated he had never received a report relative this and should have.
The City Manager advised he would have a report prepared for City Council
relative the discrepancy in soils.
ITEM # 27857
Councilwoman Henley expressed appreciation for the report on the Feasibility of
consolidating the City and Schools Maintenance Operation. As the schools were a
reluctant participant in this Study, Councilwoman Henley inquired as to the
procedure of asking the School Board whether they will be following these
recommendations The City Manager advised this will be addressed in the Capital
Improvement Program. Perhaps the Mayor should contact the School Board relative
same.
ITEM # 27858
Councilman Moss referenced sitting down some time prior to October and trying
to develop a Consensus on Fiscal Policy, guidelines the City Manger could use
in his Budget Formulation process. City Council Members will list their
concerns prior to September 14, 1987, at which time there will be discussion
relative same.
- 11 -
GONG E R N S OF T HE VI C E MAYOR
ITEM # 27859
Vice Mayor Oberndorf advised there had been another advertisement by the
Virginia Beach Medical Society on August 16, 1987, in THF BFACON.
Vice Mayor Oberndorf appreciated the concern by the Professional Community but
also was aware of the extreme effort the City Manager had endeavored to bring
comprehensive medical care to all City Employees.
The City Manager advised the article was in error. As per request of Vice Mayor
Oberndorf, the City Staff will contact the Virginia Medical Society and explain
the comprehensive medical care, requesting an ad be published to include the
correct information.
Councilman Fentress advised he had in,-ormed the President of the Virginia
Medical Society he was in error.
ITEM # 27860
Vice Mayor Oberndorf advised she and Councilman Fentress comprised a committee
of two to study the WINDSURFING Ordinance. Vice Mayor Oberndorf expressed
appreciation to the City Manager and the City Staff relative their study. Vice
Mayor Oberndorf advised they went out on a Police Boat to determine congestion
in the area. A PUBLIC MEETING will be SCHEDULED for all interested in sharing
views relative WINDSURFING.
- 12 -
CAPITAL IMPROVEMENT PROGRAM
ITEM # 27861
Dean Block, Assistant City Manager for Analysis and Evaluation, advised the
School Board was meeting on Tuesday, August 18, 1987, for a PUBLIC HEARING and
will be acting formally on their CAPITAL IMPROVEMENT PROGRAM.
Mr. Block advised the City had made changes in the CIP based upon the Council's
previous guidelines.
(1) The Staff has provided for the completion of
Phase 1 and all of Phase II of the Air
Conditioning of the other schools, a total of
$4.259-Million in additional appropriations
added to the $1.5-MILLION that is already
there. This action resulted from direction by
City Council that air conditioning be funded
from ending year balance.
(2) The City also found that in the process there
was duplication of costs relative air
conditioning in the Kellam/Bayside High School
Renovation Projects and was able to reduce the
two projects accordingly. Also the Kellam
project was moved up to the same year as the
Bayside Project. Both are funded from the
Planned 1989 School Referendum.
(3) In response to the request for a study for
Garage Consolidation, copy of same has been
accomplished and distributed to City Council.
This would result in the redistribution of
$750,000 to other school projects. Funds remain
for the construction of a small satellite
facility.
- 13 -
ITEM # 27862
The INFORMAL SESSION of the VIRGINIA BF.AGH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
August 17, 1987, at 12:32 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Absent:
Reba S. McClanan
- 14 -
ITE14 # 27863
Mayor Robert G. Jones entertained a motion to permit City Council to conduct
its EXECUTIVE SESSION pursuant to Section 2.1-344, Code of Virginia, as
amended, for the following purposes:
1. PERSONNEL 14ATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HHMD 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
institiition which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consuitants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council agenda that may be
discussed in executive session are the following: G.l.a., G.l.c.
Upon motion by Councilman Balko, seconded by Councilman Moss, City Council
voted to proceed into MCUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 1 5 -
F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
August 17, 1987
2:00 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, August 17,
1987 at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Hobert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Absent:
Reba S. McClanan
INVOCATTON: Revered C. A. Vinson
Piney Grove Baptist Church
PLEDGE OF ALLEGTANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- i6 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Ttem IV-D.1 TTEM # 27864
Councilman Moss referenced he wished to add an item under UNFINISHED BUSINESS,
a discussion of the Referendum Item related to DIRECT ELECTION OF THE SCHOOL
BOARD.
Item IV-D.2 ITE@ # 27865
Councilman Balko referenced the addition of an item under NEW BUSINESS.
BY CONSENSUS, City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
- 17 -
Item IV-E.1
MINUTES ITEM # 27866
Upon motion by Councilwoman Parker, seconded by Councilman Balko, City Council
APPROVED the MINUTES of the INFORMAL & FOR14AL SESSTONS of August 10, 1987.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 18 -
Item IV-F.l.
PUBLIC HEARING ITEM # 27867
Mayor Robert G. Jones DECLARED A PUBLIC HEARING on:
ISSUANCE OF RECREATIONAL FACILITIES BONDS of the
City of Virginia Beach, Virginia, in the maximum
amount of $32,850,000, subject to the approval of
the Qualified Voters - 1987 Bond Referendum.
The folllowing spoke in support of RECREATON CENTERS:
G. Garland Payne, Chairman - Parks and Recreation, read the RESOLUTION of the
PARKS AND RECREATION COMMISISON in suport of the four (4) RECREATION CENTERS.
Said Resolution is hereby made a part of the proceedings.
Gordon M. Morton, Phone: 420-1788, spoke on facilities and programs for
seniors.
Kathy Seldon, Phone 481-7774, spoke relative programs and accessible facilities
for the disabled.
Maureen Oliveri, Phone: 428-0123, spoke relative the need for recreation
facilities through the City for all citizens.
Charles Firestone, spoke relative need for centers and more open space.
Bill Holiday, Phone: 497-6029, spoke relative open space and need for
facilities such as recreation centers for all areas of the City.
Fran Diebold, spoke relative the Senior programs and need for facilities
Ron Morris, Phone: 463-3284, spoke relative the need for aquatic facilities.
Louise Lynch, Phone: 497-3273, spoke relative senior programs and facilities.
Virginia Ledwitch, phone: 460-0869, spoke relative Senior programs and
facilities
Thomas Blanton, Phone: 426-2397, spoke relative the need for indoor facilities
in the Pungo/Sandbridge area.
Henry Jackowiat, Phone: 486-7480, spoke relative the citizens who enjoy these
facilities
Al Wilder, Phone: 468-0367, spoke of the need for recreational facilities
Deane Williams, Phone: 464-3388, President of Baylake Pines Civic League
Edward Bankston, Phone: 460-1735, spoke of eliminating some of the wastes in
the City and with the increase in revenue, the Recreation Centers could be
contained within the BUDGET.
Lee Banks, Phone: 464-4023, reiterated experience with special education
children
Judy Connors, President of the Ocean Park Civic League, Phone: 464-3640,
reieterated support of the quality of building family memories through
activities in Recreation Centers.
There being no further speakers, Mayor Robert G. Jones DECLARED THE PUBLIC
HEARING CLOSED.
PUBLIC NOTICE
On the 17th of August 19 87, at
2:00 p'm. in Council Chambers
on the Second floor of the City
Hall Building@ Municipal Cen-
ter, the Council of the City of
Virginia Beach, Virginia, will
hold a public hearing on an or-
dinance entitted "An Ordi-
nance Abthorizing the
lssurance of Recreational Fa-
cilities Bonds of the City of Vir-
ginia Beach, Virginia, in the
Maximum Amount of
$32,850,000 lubject to the Ap-
proval of tHe Qulified Voters."
A copv of the full text of the
ordinahce is on file in the office
of the City Manager.
Ruth Hodges Smith, CMC
- 19 -
Item IV-G.l.
PUBLIC HEARING
PLANNING ITEM # 27868
Mayor Jones DECLARED a PUBLIC HEARING on:
PLANNING
a. TURNER AND ASSOCIATFS RECONSIDERATION OF CONDITIONAL
USE PERMIT
b. FRANK T. WILLIAMS VARIANCE
c. PRINCESS ANNE COMMONS I CHANGES OF ZONING
d. KINDER-CARE LEARNING GENTERS INC. CONDITIONAL USE PERMIT
e. COMPREHENSIVE ZONING ORDINANCE AMENDMENTS:FLOODPLAIN
REGULATIONS/WETLANDS ZONING
ORDINANCE/COASTAL PRIMARY
SAND DUNE ZONING ORDINANCE.
- 20 -
Item IV-G.l.a.
PUBLIC HEARING
PLANEING ITEM # 27869
Attorney Robert Cromwell, Pembroke One, Phone 499-8971, advised Larry Turner
after the approval by City Council on June 8, 1987, purchased this property for
approximately $110,000, (a 25-foot easement across the rear of Lot 13). Mr.
Turner does not own Lot 13. The property is now under lease to Children's World
for a 20-year lease. Since the June Eighth approval, Mr. Turner has actually
closed on the property, paid for it and entered into a long term lease.
Attorney Cromwell advised the applicant's rights were vested. The City Staff
has recommended the use of the aforementioned easement for ingress-egress to
match a median break on Diamond Springs Road.
OPPOSITION:
Anne Marino, 5400 Virginia Tech Court, Phone: 473-1069, referenced the Minutes
of the City Council Meetings and the Planning Commission Meetings and
discrepancies by the applicant. The status of Lot 13 is still R-1, no road has
been dug or curb cut in place. Anne Marino also referenced the Conditional Use
Permit Check List: the applicant should provide a detailed description of the
proposed use. (No mention was made of requesting an access from the adjacent
lot.) The Conditional Use Permit for Turner and Associates was on the Planning
Commission's CONSENT AGENDA for January 13, 1987, and no mention was made of
plans to run a road across Lot 13 for ingress and egress to Lot 14. If this was
a perceived intention, same should have been mentioned. In the Minutes of May
12, 1987, Planning Commission Meeting, Mr. Overton stated that Turner and
Associates was aware prior to the January 13, 1987, Planning Commission Meeting
a Conditional Use Permit was needed for Lot 13. On JanuarY 30, 1987, the
Traffic Engineer disapproved the site plan as the legal description advised the
ingress-egress must be confined to Lot 14. At the City Council Meeting of
February 9, 1987, relative the Conditional Use Permit, there was no mention of
the proposed ingress/egress on Lot 13.
Robert Marion, 5400 Virginia Tech Court, Phone: 473-1069, advised he and his
wife were the only residents of Virginia Tech Court at the present time. Robert
Marion expressed opposition to the use of Lot 13 as a roadway or any other use
that is not residential in nature. Robert Marion was present at the Planning
Commission Meeting of May 12, 1987, and advised this issue was scrutinized and
one of the Planning Commissioners unanimously rejected the use of Lot 13 for a
business road.
Assistant City Attorney Gary Fentress advised his investigation had confirmed
Attorney Cromwell's statements with regard to the transaction and recordation
of the deed following City Council's APPROVAL of the Conditional Use Permit on
June 8, 1987. Assistant City Attorney Fentress advised there was a good
argument that rights had vested.
A MOTION was made by Cuoncilman Perry to RESCIND City Council's Action of June
8, 1987 and allow two (2) curb cuts on Diamond Springs Road. Motion failed for
LACK OF A SECOND.
- 21 -
Item IV-G.l.a
PUBLIC HEARING
PLANNING ITEM # 27869 (Continued)
Upon motion by Councilman Moss, seconded by Councilman Fentress, City Council
AFFIRMED their action of June 8, 1987.
ORDINANCE UPON APPLICATION OF TURNER AND ASSOCIATES
FOR A CONDITIONAL USE PERMIT FOR A DAY CARE CENTER
R06871048
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application for Turner and
Associates for a Conditional Use Permit located on
the southeast corner of Diamond Springs Road and
Virginia Tech Court, designated as Lot 13, Section
6, Wesleyan Pines. Said parcel contains 1.247
acres. BAYSIDE BOROUGH.
The following conditions shall be required:
1. Relocation of the ingess/egress easement to more
appropriate location of the site.
2. Lot 13 cannot be developed unless the conditonal
use permit is rescinded by City Council.
3. Further conditions may be required during the
administration of appropriate City ordinances.
4. Revised site plan shall be adhered to and is hereby
made a part of the proceedings.
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, John D.
Moss and Nancy K. Parker
Council Members Voting Nay:
Barbara M. Henley, Vice Mayor Meyera E. Oberndorf and
John L. Perry
Council Members Absent:
Reba S. McClanan
- 22 -
Item IV-G.l.b
PUBLIC HEARING
PLANNING ITEM # 27870
Attorney Robert Cromwell, Pembroke One, Phone: 499-8971, represented the
applicant
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council DE for sixty days until the City Council Meeting of October 19,
1987, an application of FRANK T. WILLIAMS for a Variance to Section 5.5(a) and
(b) of the Subidvison Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subidivision
Ordinance, Subdivision for Frank T. Williams.
Property is located on the south side of Nanneys
Creek Road 970 feet west of Charity Neck Road.
Plats with more detailed information are available
in the Department of Planning. PUNGO BOROUGH.
This DEFERRAL will enable the City Staff to complete a review of Sections
5.5(a) and (b) to develop a policy whereby the use of grass swales would be as
acceptable as the required curb and gutter. In conjunction with underground
storm sewers under certian soil, topographic and density conditions. Tiie
Planning Commission is also reviewing a draft Stormwater 4anagement Ordinance
which would mandate the use of appropriate Best Management Practices.
Voting: 8-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Mayor Robert G. Jones, John D. !,,,oss, Vice
Mayor Meyera @'. Oberndorf, Nancy @. ?arker and John
L. Perry
Council ilembers Voting Nay:
None
Council i@@embers Abstaining:
John A. Baum and Barbara M. Henley
Council !,',embers Absen-U:
Reba S. Mc-I'lanaii
Council Members john A. Baum and Barbara i,i. Henley ABST'Hi@., D as they conduc-@
bus!-,iess the applicant.
- 23 -
Item IV-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 27871
Attorney Grover Wright represented the applicant and advised as there was
concern expressed relative the amount of acreage involved in the 0-1 rezoning,
the applicant is agreeable to eliminating Parcel 3 from the application. Said
parcel contains 14.2 acres. The applicant has applied to have the Historical
and Cultural District Overlay on all the property. A packet containing
Landscape Plans, site plans and an ADDENDUM (Pages 5 and 5a ) to the Proffer
were distributed to City Council and are hereby made a part of the record.
Richard Browner, 207 81st Street, Land Planner, represented the applicant and
described the landscaping plans, traffic layout, and design of the buildings.
B. H. "Pat" Bridges, 713 Tilden Place, Phone: 340-1829, represented Bridges and
Associates - Landscape Architects
Allan E. Sadler, 4404 Thoroughgood Drive, represented Waller, Todd and Sadler
Architects.
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council
ADOPTFD Ordinances upon application of PRINCESS ANNE COMMONS I, A VIRGINIA
GENERAL PARTNERSHIP for Changes of Zoning:
ORDINANCE UPON APPLICATION OF PRINCESS ANNE COMMONS
I, A VIRGINIA LIMITED PARTNERSHIP FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 TO 0-1
Z08871173
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Commons
I, A Virginia Limited Parternship, for a Change of
Zoning District Classification from AG-1
Agricultural District to 0-1 Office District on
certain property located 600 feet north of North
Landing Road beginning at a point 1000 feet more or
less southwest of George Mason Drive. Said parcel
contains 30.9 acres. Plats with more detialed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
A N Dg
ORDINANCE UON APPLCIATION OF PRINCESS ANNE COMMONS
1, A VIRIGNIA LIMITED PARTNERSHIPY FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-1 TO B-1
Z08871174
BE IT HEREBY RODAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIGINIA
Ordinance upon application of Princess Anne Commons
1, a Virginia Limited Partnership, for a Change of
Zonign District Classification from AG-1
Agricultrual District to 3-1 Business-Residential
District on certain property located 2100 feet more
or less northwest of the intesection of North
Landing Road and George Mason Drive. Said parcel
contains 1.9 acres. Plats with more detailed
information are available in the Department of
Planning. PRINCESS ANNE BOROUGH.
- 24 -
Item IV-G.I.c.
PUBLIC HEARING
PLANNING ITE14 # 27871 (Continued)
A N D,
ORDINANCE UPON APPLICATION OF PRINCESS ANNE COMMONS
1, A VIRGINIA LIMITED PARTNERSHIP, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-1
Z08871175
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Commons
I, A Virginia Limited Partnership, for a Change of
Zoning District Classification from AG-2 to B-1
Business-Residential District on certain property
located 1450 feet more or less northwest of the
intersection of North Landing Road and George Mason
Drive. Said parcel contains 5.3 acres. Plats with
more detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF PRINCESS ANNE COMMONS
1 , A VIRGINIA LIMITED PARTNERSHIP FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO 0-1
Z08871176
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Commons
1, a Virginia Limited Partnership, for a Change of
Zoning District Classification from AG-2
Agricultural District to 0-1 Office District on the
following parcels:
Parcel 1: Located 400 feet more or less north of
North Landing Road beginning at a point 1100 feet
more or less southwest of George Mason Drive.
Parcel 2: Located 440 feet more or les southwest of
George Mason Drive beginning at a point 950 feet
more or less north of North Landing Road.
Said parcels contain 2.8 acres. Plats with more
detailed information are available in the
Department of Planning. PRINCESS ANNE BOROUGH.
THE APPLICANT HAS ELIMINATED PARCEL 3 FROM THE
APPLICATION. SAID PARCEL CONTAINS 14.2 ACRES;
THEREFORE THE 0-1 OFFICE DISTRICT WOULD BE REDUCED
TO 17.5 ACRFS.
- 25 -
Item IV-G.l.c.
PUBLIC HEARING
PLANNING ITEM # 27871 (Continued)
The following conditions shall be required:
1. Parcel 3 (comprising 14.2 acres) deleted from the
application.
2. At the time of development, a traffic impact study
must be submitted to Traffic Engineering by the
developer. The traffic irqpact study, as approved
by City staff, nust be complied with. The impact
study shall include, but not be limited to, access
control, signal requirements, off-street
improvement needs, etc. related to traffic impacts.
3. All landscaping and site plans as depicted at the
City Council Meeting of August 17, 1987, shall be
strictly adhered to and are hereby made a part of
the record. (Plans dated: May 22, 1987, June 1,
1987, July 10, 1987).
Prior to the changing of the official zoning maps, the folowing conditoins will
be met:
4. A 140-foot right-of-way dedication for a four lane
parkway for the Courthouse North Loop as per the
Master Street and Highway Plan.
5. A deed restriction outlining acceptable proffers
and addressing staff concerns must be recorded with
the Office of the Clerk of Circuit Court.
These Ordinances shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventeenth day of August, Nineteenth Hundred and Eighty-seven.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
John D. Moss
Council Members Absent:
Reba S. McClanan
PRINCESS ANNE COMMONS I, a Virginia
Limited Partnership
TO: (COVENANTS AND CONDITIONS
CITY OF VIRGINIA BEACH,
a Municipal Corporation of
the Commonwealth of Virginia
TIiIS AGREEMENT, made this 13th day of July, 1967,
by and between PRINCESS ANNE COMMONS I, a Virginia Limited
Partnership, "Grantor", of the one part, and CITY OF
VIRGINIA BEACH, a Municipal Corporation of the Common-wealth
of Virginia, Grantee, of the other part;
WITNESSETH THAT:
WHEREAS, the Grantor has initiated amendments to
the Zoning Map of the City of Virginia Beach, Virginia, by
petitions of the Grantor addressed to the Grantee, so as to
change the classification of the Grantor's property from
AG-1 and AG-2, Agricultural District, to B-1, Business-
Residential District, and 0-1, office District, on certain
property located on the south side of George Mason Drive
extended west of North Landing Road and north of West Neck
Road extended west of North Landing Road, containing 38.9
acres, more or less, in Princess Anne Borough, in the City
of Virginia Beach, Virginia; said property being referred to
hereinafter as "the property," and being shown as Parcel 1A
(1.9 ac.), Parcel 1B (5.3 ac.), Parcel 2A (14.7 ac.), Parcel
2B (1.5 ac.), Parcel 2C (1.3 ac.) and Parcel 3 (14.2 ac.) on
the plat attached hereto entitled "Plat Showing Parcels 1A,
1B, 2A, 2B, 2C and 3, Scale l' = 2001, Property of Princess
Anne Commons I', dated June 1, 1987, made by Talbot &
Associates, Ltd.; and
WHEREAS, the Grantee's policy is to provide only
for the orderly development of land, for various purposes,
including business and office purposes, through zoning and
other land development legislation; and
C. WI@IGIIT. -JR.
WHEREAS, the Grantor acknowledges that competing
and sometimes incompatible types of uses conflict and that
in order to perni-I differing types of uses on and in the
area of the subject property and to preserve the historic
and cultural significance of the area and at the same time
to recognize the effects of change, and the need for various
types of uses, including business and office uses, certain
reasonable conditions governing the use of the property for
the protection of the community that are not generally
applicable to land similarly zoned B-1 and 0-1 are needed to
cope with the situation which the Grantor's rezoning
applications give rise to; and
WHEREAS, the Grantor has voluntarily prof@-ered in
writing, in advance of and prior to the public hearing
before the Grantee, as a part of the proposed amendments to
the Zoning Map, in addition to the regulations provided for
the B-1 and 0-1 zoning districts or zones by the exis-ling
over-all zoning ordinances, the following reasonable
conditions related to the physical development and operation
of the property to be adopted as a part of said amendinents
to the new zoning Map relative to the property described
above, which have a reasonable relation to the rezonings and
the need for which is generated by the rezonings; and
WHEREAS, said conditions having been proffered by
the Grantor and allowed and accepted by the Grantec as part
of the amendments to the zoning ordinance, such conditions
shall continue in full force and effect until a subsequent
amendment changes the zoning on the property covered by such
conditions; provided, hoiqever, that such conditions Shall
continue despite a subsequent amendment if the subsequent
amendment is part of a comprehensive implementation of a new
or substantially revised zoning ordinance, unless, notwith-
standing the foregoing, these conditions are arliended or
varied by written instrument recorded in the Clerk's office
o@' the Circuit Court of the City of Virginia Beach,
2
Virginia, and executed by the record owner of the subject
property at the time of recordation of such instrument;
provided, further, that said instrument is consented to by
the Grantee in writing as evidenced by a certified copy of
an ordinance or a resolution adopted by the governing body
of the Grantee, after a public hearing before the Grantee
advertised pursuant to the provisions of Code of Virginia,
section 15.1-431, which said ordinance or resolution shall
be recorded along with said instrument as conclusive
evidence of such consent;
NOW, THEREFORE, the Grantor, for itself, its
successors, assigns, grantees, and other successors in title
or interest, voluntarily and without any requiremen-I by or
exaction from the Grantee or its governing body and without
any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of
conditions and restrictions as to the physical development
and operation of the subject property and governing the use
thereof and hereby covenants and agrees that this
declaration shall constitute covenants running with the said
property, which shall be binding upon the property and upon
all parties and persons claiming under or through the
Grantor, his heirs, personal representatives, assigns,
grantees and other successors in interest or title, namely:
As to Parcel 1A (1.9 ac.) and Parcel 1B (5.3 ac)
rezoned to B-1, Business-Residential District:
The site plan entitled "Princess Anne Cormons I
Illustrative Plan", dated may 15, 1987, prepared by Waller,
Todd & Sadler, Architects, Talbot & Associates, Ltd., L.P.
D.S., Inc., and Pat Bridges & Associates, Landscape
Architect, and the landscape plan, which specifies the type,
size and quantity of plant material to be utilized on ',-he
property.entitled "The Tree Planting Plan" dated July 10,
1987, prepared by Pat Bridges & Associates and Talbot &
3
Associates, Ltd., both of which have been exhibited to the
Grantee, shall be substantially adhered to; holvever,
revisions in either or both plans and further conditions may
be required by the Grantee during detailed site plan review
and administration of applicable city codes by all cognizant
city agencies and departments, including the city arborist,
to meet all applicable city code requirements.
The elevation drawings showing elevations A, B, C
and D, including the specifications thereon and therewith as
to quality of construction, the principal materials to be
used, and architectural style, exhibited to the Grantee
prepared by waller, Todd & Sadler, Architects, shall be
substantially adhered to; however, revisions to any or all
of the elevation drawings and further conditions may be
required by the Grantee during detailed site plan review and
administration of applicable city Qodes by all cognizant
city agencies and de@artments, including the Historical
Review Board, if involved, to meet all applicable city code
requirements.
All signs on the property shall be more
restrictive than the existing city sign ordinance in the
sense that the number of allowed signs will be no more than
75% of the number allowed by the existing city sign
ordinance and the square footage of the signs shall be no
more than 75% of the square footage allowed by the existing
city sign ordinance.
There shall be no conditional uses or structures
allowed on the property. Those uses permitted by Sections
901(a)(1), (4), (10) and (13), although allowed by the
Comprehensive Zoning Ordinance, will not be permitted on the
p-perty. Although otherwise permitted by the Comprehensive
Zoning ordinance, there shall be no grocery store, varie-ty
store or liquor stores on the property.
4
AS to Parcel 2A (14.7 acres), Parcel 2B (1.5
acres), Parcel 2C (1.3 acres) rezoned to 0-1, Office
District:
No building or other structure shall exceed in
height thirty-five feet (35').
All signs on the property shall be more
restrictive than the existing city sign ordinance in the
sense that the square footage of the signs shall be no more
than 75% of the square footage allowed by the existing city
sign ordinance.
(14.3 acres), rezoned to 0-1,
n
of
B at the Virginia Beac
All signs on the property shall be more
estrictive than the existing city sign ordinance in the
ense that the square footage of the signs shall be no more
han 75% of the square footage a,llowecl by the existing city
sign ordinance.
As to all of the property:
There shall be no curb cuts on Court House North
Loop, except for city rights of way. There shall be no
dwelling or lodging units on any of the property.
The Grantee shall utilize low-maintenance storm
water retention/detention measures and other non-point
source controls or best management practices (BMP's) for
controlling storm water runoff which are reasonably
applicable to the development of the property and in keeping
with the recommendations for the proposed Back Bay/North
Landing River Management District in order to ensure that
pesticides, herbicides, fertilizer, oil and grease are kept
out of the waterways tributary to the North Landing River.
5
Site plans shall be designed to take storm water manage-
ment into consideration from a water quality perspective.
At a minimum, plans incorporating retention/detention basins
and other urban best management practices (MBP's), such as
roof-top runoff disposal, parking lot storage, infiltration
pits and trenches, filter strips and seepage areas and
porous asphalt paving shall be components of the site plan
design of all the property. A 140' right of way dedication
to the Grantee for a 4 lane public parkway for the Court-
house North Loop shall be made by the Grantor as per the
Master Street and Highway Plan prior to changing of the
official zoning maps.
All other rights of way dedications, including
that for West Neck Road, extended north of North Landing
Road, as shown on the above-mentioned site plan exhibited to
the Grantee, shall be made by the Grantor to the Grantee
prior to changing of the official zoning maps.
5-A
The Grantor shall submit to the Grantee (through
its Traffic Engineering Department) a professional traffic
impact study, to include, but not be li.inited to, access
control, signal requirements, and off-street improvement
needs related to traffic impacts associated with the
development of the property. That traffic impact study, as
approved and revised by the Grantee's staff, shall be
complied with by the Grantor.
All references hereinabove to the AG-1, AG-2, 0-1
and B-1 districts and to the requirements and regulations
applicable thereto and to the sign ordinance (CZO, Sections
210, et seg.) refer to the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, in force as of July
13, 1987, which is by this reference incorporated herein.
The Grantor covenants and agrees that (1) the
Zoning Administrator of the City of virginia Beach,
Virginia, shall be v'ested with all necessary aull-l-iority on
behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing condi-
tions, including (i) the ordering in writing of the
remedying of any noncompliance with such conditions, and
(ii) the bringing of legal action or suit to insure
compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages or other appro-
priate action, suit or proceedings; (2) the failure to meet
all conditions shall constitute.cause to deny the issuance
of any of the required building or occupancy permits as may
be appropriate; (3) if aggrieved by any decision of the
Zoning Administrator made pursuant to the provisions, the
Grantor shall petition to the governing body for the review
thereof prior to instituting proceedings in court; and (4)
the Zoning map may sliow by an appropriate symbol on the map
the existence of conditions attaching to the zoning of the
subject property on the map and that the ordinance and the
conditions may be made readily available and accessible for
6
public inspection in the office of the Zoning Administrator
and in the Planning Department and that they shall be
recorded in the Clerk's Office of the Circuit Courl, of the
City of Virginia Beach, Virginia, and indexed in the name of
the Grantor and Grantee.
WITNESS the following signatures.
PRINCESS ANNE COMMONS 1, a
Virgi@ Limite ip
By:
Richard S. Browner
General Partner
and By: LAND PLANNING & DEVELOP-
MENT SERVICES, INC., a
Virginia stock Corpora-
tio
By:
and By:
Partner
STATE OF VIRGINIA
CITY OF to-wit:
a Notary Public for
the State of Vi gn a at -La ge, 11 ere'v certify that
Richard S. Browner and Harry Sandler, wh-ose names are signed
on behalf of the Grantor to the foregoing instrument bearing
date on the 13th day of July, 1987, have, and each has,
acknowledged the same before me in the city And state
aforesaid.
Given under my hand this /@M day of July, 1987.
Norary Public
,'4y commission expires:
7
- 26 -
Item IV-G.l.d.
PUBLIC HEARING
PLANNING ITEM # 27872
The following spoke in SUPPORT of the application:
Attorney Grover Wright represented the applicant and advised the Day Care
Center would be seen only on weekdays from 6:30 A.M. to 6:30 P.M. and advised
this application had excellent road frontage
Richard Stell, Planner with John Sirine & Associates, explained the Service
Road, advising at the present there is a left-hand turn lane coming into the
exisiting curb cut and further advised relative the landscaping. If any tress
are harmed, they will be replaced.
Diane Hess, 1108 Voss Court, President of the Dunwoody Civic League,
Gary Adams, Director of Real Estate, Kinder Care Learning Center
Robert E. Gregory, 1221 Garth Court, Phone: 721-7638, represented Ocean Lakes
Community Associates and presented a petition in support (Said petition is
hereby made a part of the record).
The following spoke in OPPOSITION:
Jim Phelan, 2448 Hunts Neck Trail, Phone: 468-4964, represented the Hunt Club
Forest/Courthouse Sandbridge Coalition and also certain residents in the South
Gate and Three Oaks area who are in the process of forming a Civic League
Sandra Tainter, 2140 Kenwood Drive, Phone: 427-1929, Secretary of the Red Mill
Farm Civic Association and Member of the Courthouse Sandbridge Coalition of
Civic Leagues.
Louis Miles Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke against strip
commercial development on General Booth Boulevard.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council ADOPTED an Ordinance upon application of KINDER-CARE LEARNING CENTERS,
INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF KINDER-CARE LEARNING
CENTERS, INC. FOR A CONDITIONAL USE PERMIT FOR A
DAY CARE CENTER R08871069
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINTA
Ordinance upon application of Kinder-Care Learning
Genters, Inc., for a Conditional Use Permit for a
day care center on certain property located on the
west side of General Booth Boulevard, 1323.97 feet
south of Hubbell Drive. Said parcel contains 40,000
square feet. Plats with more detailed information
are available in the Department of Planning.
PRINCESS ANNE BOROUGH.
- 27 -
Item IV-G.l.d.
PUBLIC HEARING
PLANNING ITD4 # 27872 (Continued)
The following conditions shall be required:
1. A right turn lane is required with this site. The
entrance is to be increased to 36 feet and align
with the median opening.
2. The service road to be built as described in the
site plan. Service road to be installed between the
existing scenic strip and the subject site.
3. The removal of any trees in this scenic strip for
the right turn lane must be replaced by the
applicant.
4. A security fence enclosing the play areas as shown
on the site plan is required with buffering in the
form of landscaping to the north and west as agreed
to by the applicant.
5. Category I Screening and five foot (5') privacy
fence must be provided along the northern and
western boundaries as shown on the site plan
submitted with the use permit.
6. The large trees on the left of the property will
remain.
7. Landscaping will be placed in front of the parking
lot which is planned for the front of the property
and adjacent to General Booth Boulevard.
8. Operation Hours: 6:30 AM - 6:30 PM. Monday -
Friday.
9. 3 months - 12 year old children; maximum capacity,
150.
10. One story stucture, residential type construction.
11. Complaince with the City's Sign Ordinance.
12. Lighting to be directed toward the interior of
property and away from residential area.
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Seventeenth day of August, Nineteenth Hundred and Eighty-seven.
- 28 -
Item IV-G.l.d.
PUBLIC REARING
PLANNING ITEM # 27872 (Continued)
Voting: 6-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, and John L.
Perry
Council Members Voting Nay:
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
Reba S. McClanan
Councilman Baum advised the COMPREHENSIVE PLAN needed to be revised as related
to Day Care Centers.
- 29 -
Item IV-G.l.e.
PUBLIC HEARING
PLANNING ITEM # 27873
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
ORDINANCE TO AMEND AND REORDAIN ARTICLE 12 OF THE
COMPREHENSIVE ZONING ORDINANCE PERTAINING TO THE
FLOODPLAIN REGULATIONS
Voting: 7-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Barbara M. Henley,
Mayor Robert G. Jones, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress, Harold Heischober, Reba S.
McClanan and John L. Perry
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 12
OF THE COMPREHENSIVE ZONING ORDINANCE
PERTAINING TO THE FLOODPLAIN REGULATIONS
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 12 of the Comprehensive Zoning Ordinance of the City
of Virginia Beach, Virginia is hereby amended and reordained as follows:
ARTICLE 12. FLOODPLAIN REGULATIONS
Sec. 1200. Legislative intent.
The purpose of this sect49R article is to establish and identify those
areas to be known as the floodplain and which would be subject to
special regulations. These ord4paRees regulations are intended to
implement a policy of protecting the natural floodplains in the city by
requiring that any filling operations taking place maintain the same
flood storage CdPdbility and storm Wdter flow characteristics as those
thdt ndturally exist. The purpose of establishing such areas is to
protect life and property, to reduce public costs for flood control.
rescue dnd relief efforts, and construction and maintenance of man-made
drainage facilities, to preserve the highest possible level of water
quality in the wdterwdys of the area, and to support and conform to the
National Flood Insurance Program. (Ord. No. 1422. 12-5-83; Ord. No.
1513, 1-14-85)
Sec. 1201. Definitions.
For the purpose of this article, the following terms shall be
defined as herein indicated:
91
Coastal high hazard area. The area subject to high velocity
waters, including but not limited to hurricane wave wash or tsunamis.
The ared is designated on a flood insurance rate map (FIRM) as Zone
Vl-30.
Flood. A general and temporary condition of partial or complete
inundation of normally dry Idnd areas from:
(a) The overflow of inland or tidal waters.
(b) The unusual and rapid accumulation or runoff of surface
waters from any source.
(c) Mudslides (i.e., mudflows) which are proximdtely caused or
precipitated by accumulations of water on or under the ground. The
collapse or subsidence of land along the shore of a lake or other body
of water as a result of erosion or undermining cased by waves or currents
of water exceeding anticipated cyclical levels or suddenly caused bY dn
unusually high water level in a natural body of water, accompanied by a
severe storm, or by an unanticipated force of nature, such as flash
flood or an abnormal tidal surge, or by some similarly unusual and
unforeseeable event which results in flooding as defined in (a) of this
section.
Floodplain. That land area adjoining a river, stream, watercourse,
ocean, bay, or lake, which is subject to inundation. Floodplains shall
be determined as the land situated below the elevation of:
(a) that recorded by the maximum elevation of the flood water of
record;
the intermediate flood level as determined by the U.S. ArTy
Corps of Engineers; or
the flood level as determined by the department of public
92
works, whichever is greater.
Any changes in the delineation of the intermediate flood level are
subject to approval by the federal insurance administrator.
A floodplain is divided into two (2) areas:
JL Floodway. A natural watercourse with definite bed and banks
to confine and conduct flood flows. The top of the banks form the
dividing lines between the floodway and the flood fringe. Floodway
lines must be established in such a manner that some loss of storage
and hydraulic conveyance attributable to guiding future development
outside the floodwaywill not increase flood heights more than applicable
regulatory standards. Pending floodway delineations from a storm
drainage master plan, minimum natural floodways shall be identified by
the city soil scientist.
(2) Flood fringe. The relatively flat ared or low lands adjoining
a floodway which has been or may infrequently be covered by flood water.
Lowest floor. The lowest f loor of the lowest enclosed area (including
basement). An unfinished or flood resistant enclosure, usable solely
for parking of vehicles, building access or storage, in an area other
than a basement area, is not considered a building's lowest floor,
provided that such enclosure is not built so as to render the structure
in ViOldtion of the applicable non-elevation design requirements of
this article.
MarkufdCtured horne. A structure, transportable in one or more
sections, which is built on a permanent chaSSiS dnd is designed for use
with or without a permanent foundation when connected to the required
utilities. For floodplain management purposes, the term "manufactured
home" also includes park trailers, travel trailers, and other similar
93
vehicles placed on a site for greater than one hundred eighty (180)
consecutive days. For insurance purposes the term "manufactured home"
does not include park trailers, travel trailers, and other similar
vehicles.
Manufactured horne park or subdivision. A parcel or contiguous
parcels of land divided into two or more manufactured home lots for
rent or sale.
One-hundred-year flood. The flood having a one percent chance of
being equdlled or exceeded in any given year, also referred to as "base
flood" or intermediate level flood.
Regulatory floodway. The channel of a river or other watercourse
dnd the adjacent land areds that must be reserved in order to discharge
the base flood without cumulatively increasing the water surface elevation
more than a designated height.
Stdrt of construction. Includes substdntial improvement, and
means the date the building permit was issued, provided the dctual
Stdrt of construction, repair, reconstruction, placement, or other
improvement was within one hundred eighty (180) days of the permit
date. The actual start means either the first placement of permanent
construction Of d structure on a site, such as the pouring of a slab or
footings, the installation of piles, the construction of columns, or
any work beyond the stage of excavation; or the pldcement of a manufactured
home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include
the installation of streets and/or walkways; nor does it include excavdtion
for d basement, footings, piers, or foundations or the erection of
temporary forms; nor does it include the installation on the property
94
of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure.
Sec. 1201 1202. Establishing the floodplain areas.
The floodplain shall include areas subject to inunddtion by Wdters
of the one-hundred-year flood. The basis for the delineation of these
aredS shall be the flood insurance study for the City of Virginia Beach
prepared by the U.S. Federal Emergency Management Agency, Federal
Insurance Administration, dated July 17, 1984, and subsequent revisions.
Any Idnd included within a floodplain shall be subject to the use
regulations and the specidl requirements relating to floodways and
flood fringes as set forth in this article. provided that any permitted
development is further subject to all federdl and state rules and
regulations. The floodplain shall be established in conformance with
the definition of floodway and flood fringe.
(a) The "regulatory floodway" is delineated for purposes of this
gFd4RdRee article using the criteria thdt a certain area within
the floodplain must be capable of carrying the waters of the one-
hundred-year flood without increasing the water surface elevation
of that flood more than one-foot at any point. These dreas are
specificdlly defined in Table 4 of the dbove referenced flood
insurance study ddted July 17, 1984, and shown on the accompanying
flood boundary and floodway map, which is a part of the flood
insurance study which is declared to be a part of this eFd4RaRce
article and which shall be kept on file at the office of the city
engineer.
95
(b) The f loodfringe s haII bethat area ofthe one -hundred-year f loodpla in
not included in the floodway. The basis for the outermost of this
area shall be the one-hundred-year flood elevations contained in
the flood profiles of the above referenced flood insurance study
and as shown on the dbove referenced flood boundary and floodway map.
(c) The approximated floodplain shall be that floodplain area for
which no detailed flood profiles or elevdtions are provided, but
where d one-hundred-yedr floodplain boundary has been approximated.
Such areas dre shown on the maps accompanying the above referenced
flood insurance study. In determining the necessary elevdtions
for the purposes of this
used-such-as; article, the city engineer shall obtain, review and
reasonably utilize any base flood elevation and floodway data
available from a Federal, State, or other source, as criteria for
requiring that new construction, substantial improvements, or other
development in Zone A comply with the provisions of section 1204 of
this article. Such sources of data include:
(i) Corps of Engineers - Floodplain information reports.
U.S. Federal Emergency Management Agency - Flood insurance
rate maps and flood boundary and floodway ma2s.
(444 U.S. Geological Survey - Floodprone quadrangles.
(iv) @-@Sefy4ce City of Virginia Beach
soil scientist - Flood hazard analyses.
(v) (4y4 Known high water marks from past floods.
(vi) (y) Other sources; e.g., hydrologic and hydraulic analysis by
professional engineer.
96
(d) The coastal hi ghhazard areashal 1 bethose portions of the f loodpla in
subject to inundation by high velocity waters and wave action and
identified as V zones on the maps accompanying the above referenced
flood insurance study.
(e) Where no regulatory floodway has been mapped, the floodway shall
be deemed to consist of any and all areas of marsh, swamp, or
permanently saturdted soils as further defined in section Ill 1201
of this ord4naRee article.
(f) Initial interpretations of the boundaries of the floodplain shall
be made by the city engineer. Any person aggrieved by the decision
or determination of the city engineer MdY dppeal same to the board
of zoning appeals. Such appeal shall be tdken within thirty (30)
days after the decision appealed, by filing the appropriate notice
as referenced in section 15.1-496.1 of the Code of Virginia.
(Ord. No. 803, 8-15-77; Ord. No. 1513, 1-14-85)
Sec. 1202 1203. Use regulations.
All uses, activities, anddevelopmentoccurringwithinanyfloodplain
shall be undertaken only upon the issuance of a permit. Such development
shall be undertaken only in strict compliance with the provisions of
this ord4AdAce article and with all other applicable codes and ordinances
such as the Virginia Uniform Statewide Building Code. Prior to the
issuance of any such permit, the permit official shall require all
applications to include compliance with all applicable state and federal
IdWS.
Under no circumstances shall any use, activity, and/or development
adversely affect the capacity of the channels or floodways of any
97
watercourse, drainage ditch, or any other drainage facility or system.
Prior to any proposed dlteration or relocation of any channel or
of any watercourse, stream, etc., the state watef 6entFal beafd Virginia
Department of Conservation and Historic Resources, Division of Soil and
Water Conservation shall be notified. Further, notification of the
proposal shall be given to all affected adjacent municipalities.
Copies of such notifications shall be forwarded to both the state water
eentF94 beard Virginia Department of Conservation and Historic Resources,
Division of Soil and Water Conservation and the U. S. Federal Emergency
Mandgement Agency.. Ffederal 14nsurance Aadministration.
(a) In the floodWdY areas of the floodplain, the following uses and
structures mdy be pemitted, subject to the requirements of this
article:
(1) Public and private outdoor recreational facilities;
(2) Agricultural uses, including fdming, grazing and the raising
of poultry or livestock; provided, that poultry or livestock
shall not be housed within five hundred (500) feet of any
residential, apartment or hotel district.
(3) Open uses, such as off-street parking or lodding and unloading
areas related to uses in adjoining districts;
(4) Commercial mining, soil reffiovdl and sand pits, subject to
regulations applicable to extractive industries as set forth
in the conditional use provisions;
(5) Public improvements, such as dams, levees and channel
improvements, and utilities installations an substdtions,
including temporary storage of materials, except flammdble,
toxicornoxiousmateridlS, dndtempordrylocationofmaintenance
98
installations;
(6) Uses and structures customarily accessory and cledrly incidental
and subordinate to uses listed above, including in connection
with agriculturdl USES: ROddside Stdnds for the sale of
agricultural products produced on the premises; provided that:
(i) Only one such stand shall be permitted per lot,
(ii) No such stand shall exceed five hundred (500) square
feet in floor area, and
(iii)No such stand on the street frontage shall be erected
within twenty (20) feet of the property line.
(b) In the flood fringe and approximated floodplain dreds of the
floodplain, land shall be subject to the use regulation of the
appropriate zoning district as well as the special regulations
relating to flood fringe and approximated floodplain as set forth
in this article. (Ord. No. 1513, 1-14-85)
Sec. 1203 1204. Special requirements applicdble to the floodplain.
(a) RegUldtion of floodways. Any provision to the contrdry
notwithstanding, no use or structure or substantial improvement to ian4
existing structure shall be permitted in any floodway, if such use or
structure or substantial improvement will adversely affect normal flood
flow, or will increase flooding of lands above or below the property,
or will increase erosion within or adjoining to floodway, or will cause
diversion of flood waters in any Mdnner more likely to credte ddmage than
does flow in a normal course, or will increase peak flows or velocities
in a manner likely to lead to added property damage or hazards to life,
or will incredse amounts of damaging materials (including those likely
99
to be injurious to health) which might be carried downstredm in floods.
Encroachments , including f i 11 newconst ruction, subs tdntial imp rovements,
and other development within the regulatory floodway that would result
in any increase in flood levels within the comunity during the occurrence
of the base flood discharge is specifically prohibited. No variance
shall be granted for any development, use, or activity within any
regulatory floodway that would cause any increase in flood heights.
par-k-@--"b44e- -46
spee4f4ca44y-proh4b4ted.
(b) Regulation of flood fringes and approximated floodplain.
Every structure or substantial improvement tO dn existing structure
permitted in the flood fringe and approximated floodplain shall be so
located, elevdted, dnd constructed as to resist flotdtion and to offer
minimum obstruction to flood flow. The lowest floor (including basement)
of every structure shall be a minimum of one foot above the elevation
of the floodpldin except as provided for in section 4.1.B.4. of the site
plan ordindnce. No use shall be permitted if such use will increase
the amounts of potentially ddmdging materials (including those likely
to be injurious to hedlth) which might be cdrried downstream in floods.
Electrical, heating, ventilation, plumbing, andair-conditioningeguipment
and other service facilities shdll be designed dnd/or located so as to
prevent water from entering or accumulating within the components
during conditions of flooding.
For all new construction and substantidl improvements, fully enclosed
dreds below the lowest floor that are subject to f looding shall be
designed to automatically equdlize hydrostatic flood forces on exterior
100
walls by allowing for the entry and exit of floodwaters. Designs for
meeting this requirement must either be certified by a registered
professional engineer or architect or must meet or exceed the following
minimum criteria:
(i) A minimum of two openings having a total net area of not less
than one squdre inch for every square foot of enclosed area
subject to flooding shall be provided.
The bottom of al I openi ngs shal 1 be no hi gher than one f oot above
grade.
Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic
entrY dnd exit of floodwaters.
(c) Floodplains subject to special restrictions. Notwithstanding
provisions of this erd4RaRce article to the contrary, there shall be no
filling permitted for the purpose of altering the contour of the Idnd
and that would decrease the flood storage capacity or adversely affect
storm water flow conditions as determined upon review by the city engineer
except for the purpose of roadway construction or other similar public
works construction, and except to provide the minimum amount of fill to
assure adequate functioning Of d septic tank system, in dny of the
following floodpldins:
1) North Landing River and its tributaries south of
Lynnhaven Parkway;
2) West Neck Creek and its tributaries south of Shipps Corner ROdd
and London Bridge ROdd; and
3) Bays, aRd creeks, ldkes, guts, coves, marshes and sw(IMPS dnd
their tributaries comprising the Bdck Bay systefn watershed
101
south of gam-@ South Birdneck Road and east of Princess
Anne Road and General Booth Boulevard. (Ord. No. 803, 8-15-77;
Ord. No. 1422, 12-5-83; Ord. No. 1513, 1-14-85)
Sec. 1204 1205. Specialrequirementsapplicabletocoastalareas.
Sand dunes, barrier beaches and other natural protective barriers
shall remain intact to provide protection against wind, waves, and
erosion drainage. Removal of such barriers will be allowed only if the
landowner agrees to construct artificial barriers in their Pldce, such
as seawalls, bulkheads, jetties, or groins, providing an equal or
greater protection from wind, wave and water action.
(a) COdstal high hazard area. In the coastal high hazard area (Zones
Vl-30), the following regulations shall apply in addition to the
reguldtions cited above:
(1) No land below the level of the one-hundred-year tidal flood
may be developed unless the new construction or substantial
improvement:
(i) Is located landward of the reach of the mean high tide;
(ii) Is elevated on adequdtely anchored piles or columns, and
securely anchored to such piles or columns so that the
lowest portion of the structural members of the lowest
floor is elevated to at least one foot above the one-
hundred-year tidal flood level;
(iii)Has been certified by a registered professional engineer
or architect thdt it iS Securely anchored to adequdtely
anchored pilings or columns in order to withstand velocity
waters and hurricane wave wash;
102
(iv) Was-Re-basemeRt-and-has-the-spaee-be4ow-the-49west-f4goF
f Fee-te- @-rAwA4@-or- -@@ns,@W4-w *th -!bFeak-away
wa4q.s-L'--4
jeep av:d 4 a 4 Ag - t#e- @vct*r@- @-tiw-strurt6iFe- se
that-@-4@-t--on -@- s-tr4ic-ture- -by- -h4gh
t4des@w4 4-v@waters -@aA@iO ze4,- @tempoFar-44y
eRe4esed-sp,ace--S@lq-4M>t-@ @ -@-IWMaR-hab*tat*GA i
Has the space below the lowest floor either free of
obstruction or constructed with non-supporting breakaway
walls, open wood lattice-work, or insect screening
intended to collapse under wind and water loads without
causing collapse, displacement, or other structural
damagetotheelevatedportionofthebuildingorsupporting
foundation system. For the purposes of this article a
breakaway wall shall have a design safe loading resistance
of not less than ten (10) and no more than twenty (20)
pounds per square foot. Use of breakaway walls which
exceed a design safe loading resistance of twenty (20)
pounds per square foot (either by design or when so
required by local or State codes) may be permitted only
if a registered professional engineer or architect
certifies that the designs proposed meet the following
conditions:
(i) breakaway wall collapse shall result from a water
load less than that which would occur during the
base flood; and
the elevated portion of the building and supporting
103
foundation system shall not be subject to collapse,
displacement, or other structural damage due to the
effects of wind and water loads action SiMUltdneously
on all building components (structural and non-
structural). Maximum wind and water loading values
to be used in t.his determination shall each have a
one percent chance of being equalled or exceeded in
any given year (one-hundred-year mean recurrence
interval). Such enclosed space shall be usable
solely for parking of vehicles, building access, or
storage.
(v) Does not utilize fill'for structural support of buildings
or structures.
(2) In the coastal hazard area of the floodplain, land shall be
subject to the use reguldtions of the appropriate zoning
district, as well as the specidl regulations relating to
coastal high hazard areas as set forth in this article.
Existing nonconforming uses and/or structures located on land
below the level of one-hundred-year tidal flood shall not be
expanded.
J2@
(43) The man-made alteration of sand dunes which would increase
potential flood damage is prohibited. (Ord. No. 1513, 1-14-85)
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 17 day of 1987.
104
- 30 -
Item IV-F.l.e(b)
PUBLIC HFARING ITEM # 27874
PLANNING
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
ORDINANCE TO AMEND AND REORDIAN ARTICLE 14
PERTAINING TO THE WETLANDS ZONING ORDINANCE
ORDINANCE TO AMEND AND REORDAIN ARTICLE 16
PERTAINING TO THE COASTAL PRIMARY SAND DUNE ZONING
ORDINANCE
Voting; 7-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Barbara M. Henley,*
Mayor Robert G. Jones, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker*
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress, Harold Heischober, Reba S.
McClanan and John L. Perry
Verbal Aye
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 14
PERTAINING TO THE WETLANDS ZONING ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 14 of the Comprehensive Zoning Ordinance of the City
of Virginia Beach, Virginia is hereby amended and reordained as follows:
ARTICLE 14. WETLANDS ZONING ORDINANCE
Sec. 1400. Intent.
The governing body of the City of Virginia Beach, acting pursuant
to Chapter 2.1 of Title 62.1 of the Code of Virginid, for the purposes
of fulfilling the policy and standards set forth in such chapter,
adopts this ard4Rance-4article4 regulating the use and development of
wetlands.
Sec. 1401. Definitions.
For the purposes of this ard4RaR6e-farticle4:
(a) Comission means the Virginia Marine Resources Commission.
(b) Comissioner means the Ccommissioner of the Virginia Mmarine
Rresources Commission.
(c) Person means any corporation, association or partnership, one or more
individuals, or any unit of government or agency thereof.
(d) Governmental activity means any or all of the services provided by
the Ccommonwealth or the City of Virginia Beach to its citizens for
the purpose of maintaining public facilities and shall include but
shall not be limited to such services as constructing, repairing
and maintaining roads, sewage fdcilities, supplying and treating
106
water, street lights and construction of public buildings.
(e) Vegetated wetlands means all that land lying between and contiguous
to mean low water and an elevation above mean IOW Wdter equdl tO
the factor 1.5 times the mean tide range at the site of the proposed
project in the City of Virginia Beach; and upon which is growing
on July 1, 1972, or grows thereon subsequent thereto, any one or
more of the following: Saltmarsh cordgrass (Spartina alterniflora),
saltmeadowhay (Spartinapatens), saltgrass (Distichlis spicata),black
needlerush (Juncus roemeridnus), saltwort (Sdlicornid Spp.), sea
lavender (Limonium spP.), Mdrsh elder (Iva frutescens), groundsel
bush (Baccharis halimifolia), wax myrtle (Myrcia sp.), sea oxeye
(Borrichia frutescens), arrow arum (Peltandra virginica),
pickerelweed (Pontederia cordata), big cordgrass (Spartina
cynosuroides), rice cutgrass (Leersia oryzoides), wildrice (Zizania
aquatica), bulrush (Scirpus validus), spikerush (Eleocharis sp.)
sea rocket (Cakile edentuld), southern wildrice (Zizaniopsis
miliacea), CdttdilS (Typha spp.), three-squares (Scirpus spp.).
buttonbush (Cephalanthus occidentalis), bald cypress (Taxodium
distichum) , black gum (Nyssa sylvatica), tupelo (Nyssa aquatica),
dock (Rumex spp.), yellow pond lily (Nuphar sp.), marsh fleabane
(Pluchea purpurascens), royal fern (Osmunda regalis), marsh hibiscus
(Hibiscus moscheutos), beggar's tick (Bidens, sp.), smdrtweeds
(Polygonum sp.), arrowhead (Sagittaria spp.), sweet flag (Acorus
calamus) , water hemp (Amaranthus cannabi nus) , reed grass (Phragmites
communis), dnd switch grass (Panicum virgatum).
The vegetated wetlands of Back Bay and its tributdries and the
vegetdted wetlands of the North Landing River and its tributaries shall
107.
mean all marshes subject to flooding by normal tides, including wind
tides, provided this shall not include hurricane or tropicdl storm
tides, and upon which one or more of the following vegetation species
are growing or grows thereon subsequent to the passage of this dmendment:
Saltmarsh cordgrdSS (Spartina alterniflora), saltmeadow hay (Spartina
patens), black needlerush (Juncus roemerianus), marsh elder (Iva
frutescens), groundsel bush (Baccharis halimirfolia), wax myrtle (Myrica
sp.), arrow arum (Peltandra virginica), pickerelweed (Pontederid
cordata),big cordgrass (Spartina cynosuroides), rice cutgrdSS (Leersid
oryzoides), wildrice (Zizania aquatica), bulrush (Scirpus validus),
spikerush (Eleocharis sp.), cattails (Typha spp.). three-squares (Scirpus
spp.), dock (Rumex sp.), smartweed (Polygonum sp.). yellow pond lily
(Nuphar sp.), royal fern (Osmunda regalis), marsh hibiscus (Hibiscus
moscheutos), beggar's tick (Bidens sp.), arrowhead (Sagittaria sp.),
water hemp (Amaranthus cannabinus), reed grass (Phragmites comunis),
and switch grass (Panicum virgatum).
(f) Wetlands board or board means a board created as provided in
section 62.1-13.6 of the Code of Virginia.
(g) Back Bay and its tributaries means the following as shown on the
U.S. Geological Survey Quadrangle Sheets for Virginia Beach, North
Bay and Knotts Island; Back Say of north of the Virginia-North
Carolina state line; Capsies Creek north of the Virginia-North
Carolina state line; Deal Creek; Devil Creek; Nawney Creek; Redhead
Bay, Sdnd BdY, Shipps Bay, North Bay, and the waters connecting
them; Beggars Bridge Creek, Muddy Creek; Ashville Bridge Creek-,
Hells Point Creek; Black Gut; and all coves, ponds, and natural
waterways adjacent to or connecting with the above-named bodies of
108
water.
(h) North Landing River and its tributaries means the following as
based on the United States Geological Survey Quadrangle Sheets for
PleaSdnt Ridge, Creeds, and Fentress: The North Ldnding River
from the Virginia-North Cdrolina line to Virginia Highway 165 at
North Landing Bridge; the Chesapeake and Albemarle Candl from
Virginia Highway 165 at North Landing Bridge to the locks at Great
Bridge; all named and unnamed streams, creeks, and rivers flowing
into the North Landing River and the Chesapeake and Albemarle
Canal except the following: West Neck Creek north of Indian River
Road; Pocaty River west of Blackwater Road; Blackwater River west
of its forks located at a point approximately six thousand four
hundred (6,400) feet due west of the point where the Bldckwater
Road crosses the Blackwater River at the vvillage of Blackwater;
Millbank Creek west of Blackwater Road.
(i) Nonvegetdted wetlands means all that land lying contiguous tO medn
low water and which land is between mean low water and mean high
water not otherwise included in the term "vegetated wetlands" dS
defined herein dnd also includes those unvegetated areas of Back
Bdy and its tributaries and the North Landing River dnd its
tributaries subject to flooding by normal tides including wind
tides but not including hurricane or tropical storm tides.
Wetlands means both vegetated and nonvegetated wetlands. (Ord.
No. 873, 7-17-78; Ord. No. 1348, 12-20-82)
Sec. 1402. Uses.
The following uses of and activities on wetlands are permitted, if
109.
otherwise permitted bY IdW:
(a) The construction and maintendnce of noncommercidl catwal@s, piers,
boathouses, boat shelters, fences, duckblinds, wildlife management
shelters, footbridges, observdtion decks dnd shelters and other
SiMildr structures; provided that such structures are so constructed
on pilings as to permit the redsonably unobstructed flow of the
tide and preserve the natural contour of the wetldnds;
(b) The cultivation and harvesting of shellfish and worms for bait;
(c) Noncommercial outdoor recreational activities, including hiking,
boating, trapping, hunting, fishing, shellfishing, horseback
riding, swimming, skeet and trap shooting, dnd shooting preserves;
provided that no structure shdll be constructed except as permitted
in subsection (a) of this section;
(d) The cultivation and harvesting of agricultural, forestry or
horticultural products; grazing and haying;
(e) Conservation.repletionandresearchactivitiesoftheVirginiaMarine
Resources Commission, the Virginia Institute of Marine Science,
Gemm4ss4en the Department of Game and Inland FisherieS dnd other
related conservation agencies;
(f) The construction or maintenance of aids to navigation which are
dUthorized by governmental authority;
(g) Emergency decrees of any duly appointed health officer of a
governmental subdivision acting to protect the public health;
(h) The normal maintenance, repair or addition to presently existing
rOdds, highways, railroad beds, or the facilities of any person,
fim, corporation, utility, federal, Sstate, county, city or town
abutting on or crossing wetlands, provided that no waterway is
110
altered and no additional wetlands are covered;
(i) Governmental activity on wetlands owned or leased by the Commonwealth
of Virginia, or a political subdivision thereof; and
(j) The normal maintenance of man-made drainage ditches, provided that
no additional wetlands are covered; and provided further, that
this paragraph shall not be deemed to authorize construction of
any drainage ditch. (Ord. No. 873, 7-17-78; Ord. No. 1348,
12-20-82)
Sec. 1403. Applications for permits.
(a) Any person who desires to use or develop any wetland within
this city, other than for those activities specif ied in section 1402
above, shall first f ile an applicatiori for a permit with the wetlands
board directly or through the Ccomisslion.
(b) An application shall include the following: The name and
address of the applicant; a detailed description of the proposed activity
and a map, drawn to an appropriate and uniform scale, showing the area
of wetland directly affected, with the location of the proposed work
thereon, indicating the area of existing and proposed fill and excavation,
especially the location, width, depth and length of any proposed channel
and the disposal area; all existing and proposed structures; sewage
collection and treatment facilities, utility installations, roadways,
and other related appurtenances or facilities, including those on
adjacent uplands, and the type of equipmnt to be used and the means of
equipment access to the activity site; the ndmes and addresses of
owners of record tof4 adjacent land and known claimants of water rights
in or adjacent to the wetland of whom the applicant has notice; an
I 111.
estimate of cost; the primary purpose of the project; any secondary
purposes of the project, including further projects; the public benefit
to be derived from the proposed project; d complete description of
measures to be taken during and after the alteration to reduce detrimental
offsite effects; the completion date of the proposed work, project, or
structure and such additional materials and documentation dS the wetlands
bOdrd may deem necessary.
(c) A nonrefundable processing fee to cover the cost of processing
the application, set by the applicable governing body with due regard
for the services to be rendered, including the time, skill and
administrator's expense involved, shall accompany each application.
(Ord. No. 873, 7-17-78; Ord. No. 1348, 12-20-82)
Sec. 1404. Public inspection of permit applications, maps, etc.
All applications, maps, and documents relating thereto shall be
open for public inspection at the office of the FefOFd4Rg-eff4,ctw--a
the-G4ty-of-V4rg4n4a-Seach city engineer.
Sec. 1405. Public hearing procedure on permit applications.
Not later than sixty (60) days after receipt of such application,
the wetlands board shall hold a public hearing on such application.
The applicant, the local governing body, the Ccommissioner, the owner of
record of any land adjacent to the wetlands in question, known claimants
of water rights in or adjacent to the wetlands in question, the Virginia
Institute of Marine Science, the Odepartment of Ggame and I4nland
Ffisheries, the Virginia Wwater Ceontrol Bboard, the Ddepartment of
Transportation h4ghways and governmental agencies expressing an interest
112
therein shall be notified by the board of the hearing by mail not less
than twenty (20) ddYS prior to the date set for the hearing. The
wetlands board shdll also cause notice of such hearing to be published
at lease once a week for two (2) weeks prior to such hearing in the
newspaper having d general circulation in the City of Virginia Bedch.
The costs of such publication shall be paid by the applicant. (Ord.
No. 1348, 12-20-82)
Sec. 1406. Action of board on permit dPPliCdtion.
In acting on dny application for a permit, the board shall grdnt
the dPPlication upon the concurring favorable vote of four (4) members.
The chairman of the board, or in his absence the acting chairman, may
administer oaths and compel the attendance of witnesses. Any person
may appear and be heard at the public hearing. Each witness at the
hearing may submit a concise written statement of his testimony. The
board shall make a record of the proceeding, which shall include the
application, any written statements of witnesses, a SUMMdry of statements
of all witnesses, the findings and decision of the board, dnd the
rdtionale for the decision. The bodrd shall make its determination
within thirty (30) days from the hearing. If the board fails to act
within such time, the application shall be deemed approved. Within
forty-eight (48) hours of its determination, the board shall notify the
applicant and the Ccommissioner of such determination and., if the board
hds not made a determination . it shall notify the dPpliCdnt and the
Ccomission that thirty (30) days hdS passed and that the application is
deemed approved. The term "act" referenced dbove shall be the action
of taking a vote on the application. If the application receives less
113
thdn four (4) concurring favorable votes, this will be d determindtion
to deny the permit.
The bodrd shall transmit d COPY Of the permit to the Ceommissioner.
If the application is reviewed or appealed, then the board shall transmit
the record of its hearing to the Ccommissioner. Upon d final determination
by the Crommission, the record shall be returned to the board. The
record shall be open for public inspection at the office of the FeFordiRg
city engineer. (Ord. No. 1426,
1-9-84)
Sec. 1407. Bonding requirements; suspension or revocation of permit.
The board may require a reasonable bond in dn amount and with
surety and conditions satisfactory to it securing to the cemmoRwe&4th
City of Virginia Beach compliance with the conditions and limitdtions
set forth in the permit. The board may, after hearing dS provided
herein, suspend or revoke a permit if the board finds that the applicant
has failed to comply with any of the conditions or limitdtions set
forth in the permit or hds exceeded the scope of work as set forth in
the application. The board after hearing may suspend a permit if the
appliCdnt fails to comply with the terms and conditions set forth in
the application. (Ord. No. 1348, 12-20-82)
Sec. 1408. Review procedure; grant or denial of permit.
(a) In making its decision whether to grdnt, to grdnt in modified
form, or to deny an application for a permit.L the board shall bdse its
decision on these factors:
(1) Such matters raised through the testimony of any person in support
114
of or in rebuttal to the permit applicdtion.
(2) IMPdCt of the development on the public hedlth dnd welfdre as
expressed by the policy and standards of Chapter 2.1 of Title 62.1
of the Code of Virginid dnd any guidelines which Mdy have been
promulgated thereunder by the Ceommission.
(b) If the bodrd, in dPPlYing the standdrds dbove, finds thdt the
dnticipated public dnd privdte benefit of the proposed activity exceeds
the anticipated public and private detriment and that the proposed
activity would not violate or tend to violate the purposes and intent
of Chapter 2.1 of Title 62.1 of the Code of Virginia and of this GFd4RaRGe
farticle4, the board shall grant the permit, subject to any reasonable
condition or modification designed to minimize the impact of the activity
on the ability of the City of Virginia Beach to provide governmental
services and on the rights of any other person to carry out the public
policy set forth in Chapter 2.1 of Title 62.1 of the Code of Virginia
and in this eFd4naRce-Aarticle4. Nothing in this section shall be
construed as affecting the right Of dny person to seek compensation for
any injury in fact incurred by him because of the proposed activity.
If the bodrd finds that the anticipated public and private benefit from
the proposed activity is exceeded by the anticipated public and private
detriment or that the proposed activity would violate the purposes dnd
intent of Chapter 2.1 of Title 62.1 of the Code of Virginid and of this
GFd4Ranee@rticle4, theboardshall denythepermitdpplicationwith leave
to the applicant to resubmit the application in modified form. (Ord.
No. 1348, 12-20-82)
115
Sec. 1409. Permits to be in writing, signed and notarized.
The permit shall be in writing, signed by the chairman of the
board and notarized. No permit granted by the wetlands board shall
affect in any way the applicable zoning and land use ordinances of the
City of Virginia Beach. (Ord. No. 1348, 12-20-82)
Sec. 1410. Expiration date and extensions of permits.
No permit shall be granted without an expiration date, and the
board, in the exercise of its discretion, shall designate an expiration
date for completion of such work specified in the permit from the date
the board granted such permit. The board, however, may, upon proper
application therefor, grant extensions.
Sec. 1411. Emergency sarid grading activities on nonvegetated wetlands
located on the Atlantic shoreline of Virginia Beach.
Notwithstanding the provisions of sections 1401 through 1410, sand
grading activities are permitted on nonvegetated wetldnds located on
the Atlantic shoreline of the City of Virginia Beach if otherwise
permitted by law, and if the city manager has declared an emergency and
hdS issued a permit for this purpose. Such dCtiVities may be conducted
without advance notice and hearing; however, the city mandger, upon
request and after reasonable notice as to time and place, shall hold a
hearing to affirm, modify, amend, or cancel such emergency permit.
"Emergency." as used in this section, means a sudden and unforeseeable
occurrence or condition, either as to its onset or as to its extent, of
such disastrous severity or magnitude that governmental action beyond
that authorized or contemplated by existing law is required because
116
govermental inaction for the period required to amend the IdW to meet
the exigency would work imediate and irrevocable harm upon the citizens
of the Ccommonwedlth or some clearly defined portion or portions thereof.
(Ord. No. 1475, 8-6-84)
Sec. 1412. Coriducting activity without permit.
No person shall conduct any activity which would require a permit
under the-@- -z9R4Rg--"4@@-4this article4 unless he has a
permit thereof-itherefor4. (Ord. No. 1475, 8-6-84)
Sec. 1413. Investigations and prosecutions.
The wetlands board shall have the authority to investigate all
projects_, whether proposed or ongoing., which alter wetlands located
within the City of Virginid Beach. The wetlands board shall have the
power to prosecute all violations of any order of such board, or any
violation of any provision of the wetlands zoning ordinance contained
in section 62.1-13.5 of the Code of Virginia or of-the-wet4apAs-ioMfq
GFd4RaRFe-c@,a4@ in article 14 of the zoning ordinance of the City
of Virginia Beach, Virginia. (Ord. No. 873, 7-17-78; Ord. No. 1475,
8-6-84)
Sec. 1414. Reporting, site inspections and notice to comply* wetlands
board to issue stop work order.
(a) With respect to pemits required pursuant to Title 62.1.
Chapter 2.1 of the Code of Virginia or article 14 of the zoning ordinance
of the City of Virginia Beach, Virginia, the board chairman may require
of the person responsible for carrying out the provisions of the permit
117
such monitoring and reports as they may reasonably deem necessary.
With respect to any reported activity not authorized by the aforementioned
chapter or article or with respect to the violation of any pemit
issued pursuant thereto, they may direct such on-site inspections as
are deemed reasonably necessary to determine whether the measures
required by the permit are being properly perfomed, or whether the
provisions of the aforementioned chapter or article dre being violated.
Prior to conducting such inspections, notice shall be provided to the
resident owner, occupier or operator.
Such resident owner, occupier or operator shall be given an
opportunity tO dCCOMPdny the site inspector. If it is determined thdt
there is failure to comply with tlie pemit, the board chairman shall
serve notice upon the person who is responsible for carrying out the
provisions of the permit at the address specified by him in his application
or by delivery at the site of the permitted activities to the person
supervising such activit4es and designated in the permit to receive
such notice. Such notice shall set forth the measures needed for
compliance and the time within which such measures shall be completed.
Upon failure of such person to comply within the specified period, he
may be deemed to be in violation of th,.s section and upon conviction
shall be subject to the penalties provided in this article.
(b) Issuance of stop work order. - Upon receipt of a sworn complaint
of a substantial violation of Title 62.1, Chapter 2.1 of the Code of
Virginia or article 14 of the zoning ordinance of the City of Virginia
Beach, Virginidfromthedesignatedenforcementofficer, thebodrdchairman
may, in conjunction with or subsequent to a notice to comply as specified
in subsection (a) of this section, issue dn order requiring dil or part
118
ofthe activiti es onthesite to be stopped unti 1 the specif ied corrective
measures have been taken. In the case of an activity not authorized by
the aforementioned chapter or article, or where the alleged pemit
noncompliance is causing, or is in imminent danger of causing, significant
harm to the wetlands protected by the aforementioned chapter or article,
such an order may be issued without regard to whether the person has
been issued a notice to comply as specified in subsection (a) of this
section. Otherwise, such an order may be issued only after the permittee
has failed to comply with such a notice to comply. The order shall be
served in the same manner as a notice to comply, and shall remain in
effect for a period of seven (7) days from the ddte of service pending
application by the enforcing authority, permit holder or the resident
owner, occupier or operator for dppropriate relief to the circuit court
of the City of Virginia Beach, Virginia. Upon completion of corrective
action, the order shall immediately be lifted. Nothing in this section
shall prevent the board chairman from taking dny other action specified
in section 62.1-13.16 of the Code of Virginia and section 1413 of this
article.
(c) The duties of the board chairman prescribed in this section
may be delegated to their respective designees; however, such respective
designees shdll not be those persons who are also designated as enforcement
officers.
Sec. 1414 1415. Violation of orders, rules and regulations.
Any person who knowingly, intentionally, negligently or continually
violates any order, rule or regulation of the Ccommission or of the
wetlands board or violates any provision of Ttitle 62.1, Cehapter 2.1,
119
of the Code of Virginia or this article 14 of the zoning ordinance of the
City of Virginia Beach, Virginia tth4s-aft4c4e4, or any provision of a
permit granted by the wetlands board or the CFowission pursuant to
Ttitle 62.1, Cehapter 2.1, of the Code of Virginia or this drticle 14 of
the zoning ordinance of the City of Virginia Bedch, Virginia ithis
aFt4r-4e4,F shall be guilty Of d misdemeanor. Following a conviction,
every day the violation continues shall be deemed a separate offense.
(Ord. No. 873, 7-17-78; Ord. No. 1475, 8-6-84)
Sec. 1415 1416. Injunctions.
In addition to and notwithstanding the provisions of section 62.1-
13.18 of the Code of Virginia and sect4ons 1413, 1414 and 1415 of the
article4,
upon petition of the wetlands bodrd to the circuit court of the City of
Virginia Beach, the court may enjoin such unlawful act and may order
the person so acting unlawfully to take such steps as are necessary to
restore, protect and preserve the wetlands involved. (Ord. No. 873.
7-17-78; Ord. No. 1475, 8-6-84)
Sec. 1416 1417. Exemptions.
Nothing in this article shdll dffect:
(1) Any project in vegetated wetlands comenced prior to July 1, 1972,
or any project in nonvegetated wetlands commenced prior to January
1, 1983; however, this section shall not be deemed to exclude from
regulation under this article any activity which expands or enlarges
upon a project already in existence or under construction at the
time of such date, except for those activities exempted under
120
section 62.1-13.5(3)(h);
(2) Any project or development in vegetated wetlands for which, prior
to July 1, 1972, or in nonvegetated wetlands for which, prior to
January 1, 1983, a plan or plan of development thereof hds been
filed pursuant to ordinance or other lawful enactment with either
an agency of the federal or state government, or with either the
planning commission, board of supervisors, or city council of the
jurisdiction in which the project or development is located;
(3) Any project or development in vegetated wetlands, whether commenced
prior to July 1. 1972, and in nonvegetated wetlands whether commenced
prior to Janudry 1. 1983, if located or to be located in whole or
in part on ground or in an area an interest in which was authorized
by the Ggeneral Aassembly to be conveyed prior to July 1, 1972, for
vegetated wetlands and July 1, 1982, for nonvegetated wetlands;
and
(4) For the North Landing River and its tributaries exemptions (1) and
(2) above shall take effect July 1, 1975, for vegetated wetlands,
and January 1, 1983, for nonvegetated wetlands.
For exemptions (1) and (2) herein to be effective, the project or
development must be certified as exempt by the Ccommission or Virginia
Beach Wetlands Board. The request for certification must be filed
prior to January 1, 1984. Projects or developments which have been
determined by the Ccomission or the Virginia Beach Wetlands BOdrd prior
to July 1, 1982, to be exempt from the provisions of this chapter shall
be considered to be certified. If the request for certification is not
granted or denied within one hundred twenty (120) days from receipt of
request by the Ccommission or the Virginia Beach Wetlands Board, the
121
certification will be conclusively presumed to hdve been granted. The
time limitations and public hearing requirements imposed by section
62.1-13.5 shall not apply to the certification process. Upon request
by any person holding a certification issued by the Cc;ommission or
Virginia Beach Wetlands Board, the clerk of circuit court having
jurisdiction over the property on which the certified project iS IOCdted
shall record such certification in the appropriate deed book of the
circuit court. (Ord. No. 1475, 8-6-84)
Adopted by the Council of the City of Virginia Beach, Virginid, on
the 17th day of Auoust 1987.
122
AN ORDINANCE TO AMEND AND REORDAIN
ARTICLE 16
PERTAINING TO THE COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That Article 16 of the Comprehensive Zoning Ordinance of the City
of Virginia Beach, Virginia:
ARTICLE 16. COASTAL PRIMARY SAND DUNE ZONING ORDINANCE
Sec. 1600. Intent.
The governing body of the City of Virginia Beach, acting pursuant to
Cchapter 2.2 of Ttitle 62.1 of the Code of Virginid, for the purposes of
fulfilling the policy and standards set forth in such chapter, adopts
this eFd4FiaRce-4article4 regulating the use and development of coastal
primary sand dunes. (Ord. No. 1052, 6-23-80)
Sec. 1601. Definitions.
For the purpose of this ord4n&Ace-farticle4:
(a) Commission shall mean the Virginia Mdrine Resources Commission.
(b) Counissioner shall mean the Commissioner of the Virginia Marine
Resources Commission.
(c) County or city shall mean the governing body of such county or city.
(d) Coastal primary sand dune, hereinafter referred to as "dune",
shall mean d mound of unconsolidated sandy soil which is contiguous
to mean high water, whose landward and lateral limits are marked
by d change in grade from ten (10) percent or greater to less than
ten (10) percent, and upon any part of which is growing on July
eney-,44fie-teen-*w+)dr@e4@ 1, 1980, or grows thereon subsequent
124
thereto, any one or more of the following: Arnerican beach grass
(Ammophilla breviligulata); bedch heather (Hudsonia tometosa);
dune bean (Strophostylis umbellata var, paludigena); dusty miller
(Artemisia stelleriana); saltmeadow hay (Spartind patens); seabeach
sandwort (Arenaria peploides); sea oats (Uniola paniculata); sea
rocket (Cakileedentula); seaside goldenrod (SoliddgO sempervirens);
and short dune grass (Panicum ararum) . For purposes of this ev:d4nanFe
farticle4 "coastal primary sand dune" shall not include any mound
of sand, sandy soil or dredge spoil which has been deposited by
man for the purpose of the temporary storage of such material for
later use.
(e) Goverrdnental activity shall mean any or all of the services provided
by the CcoiTnonwealth or a county or city to its citizens for the
purpose of maintaining public facilities and shall include but not
be limited to such services dS construction, repairing and maintaining
roads, sewdge facilities, supplying and treating water, street
lights and constructing public buildings.
(f) Wet'iands board or board means the board created as provided for in
section 62.1-13.6 of the Code of Virginia.
(g) Reach means a coastal segment of sandy beach fronting on the
Chesapeake Bay (i) upon which there is mutual interaction of the
forces of erosion, sediment transport and accretion, (ii) whose
landward limit, wherenocoastal primarysanddunecanbe identified,
isdefinedbythenearestman-madeimpermedblestructureorstructures
similarly located where a proposed structure is contemplated, or
roads or bulkheads and (iii) lies within a county, city or town
which is receiving or has received funds under the provisions of
125
Cehapter 21 (section 10-215 et seq.) of Title 10 of
the Code lof Virginia4. Whenever coastal primary sand dunes dre
referred to in this erd4RaRce-farticle4, such reference shall also
include reaches. (Ord. No. 1052, 6-23-80; Ord. No. 1476, 8-6-84)
Sec. 1602. Uses.
The following uses of and activities on dunes are permitted if otherwise
permitted by law:
(a) The construction and maintenance of noncommercial walkways which
do not alter the contour of the COdStal primdry sand dune;
(b) The construction and maintenance of observation platforms which
are not an integral part of any dwelling and which do not alter
the contour of the coastal primary sand dune;
(c) The planting of beach grasses or other vegetation for the purpose
of stabilizing coastal primary sand dunes;
(d) The placement of sand fences or other material on or adjacent to
coastal primary sand dunes for the purpose of stabilizing such
features, except that this provision shall not be interpreted to
authorize the placement of any material which presents a public
health or safety hazard;
(e) Sand replenishment activities of any private or public concern,
provided no sand shall be removed from any coastal primary sand
dune unless authorized by lawful permit;
(f) The normal maintenance of any groin, jetty, riprap, bulkhead or
other structure designed to control beach erosion which may abut a
coastal primary sand dune;
(g) The normal maintenance or repair of presently existing rodds,
126
highways, rdilrodd beds dnd fdCilitieS Of the United Stdtes, this
Ccommonwealth or dny of its counties or cities, or those of any
person, firm, corporation, or utility, provided no COdStdl primdry
Sdnd dunes dre altered;
(h) Outdoor recreational activities, provided that such activities do
not dlter the ndtural contour of the coastal primary sand dune or
destroy its vegetation;
(i) The conservation and research activities of the Virginia Marine
Resources Commission, the Virginia Institute of Marine Science,
Comm4ss4en the Department of Game and Inland Fisheries and other
related conservation agencies;
(j) The construction and maintenance of aids to navigation which are
dUthorized by governmental authority;
(k) Activities pursuant tO dny emergency declaration by the governing
body Of dny local government or the Ggovernor of the Ccommonwealth
or any public health officer for the purposes of protecting the
public health or safety; and
(1) Governmental activity on coastal primary sand dunes owned or
leased by the Commonwealth of Virginia or a political subdivision
thereof. (Ord. No. 1052, 6-23-80; Ord. No. 1476, 8-6-84)
Sec. 1603. Applications ffor permits4.
Any person who desires to use or alter any coastal primary sand dune
within the City of Virginia Beach, other than for those activities
specified in section 1602 herein, shall first file an dpplication with
the wetlands board at the office of the city engineer in accordance
with section 4 of section 62.1-13.5 of the Code of Virginia. The
1 2;,
wetlands board may establish a processing fee in accordance with section
4 of section 62.1-13.5 of the Code of Virginia. No person shall be
required to file two (2) separate applications for permits, if the
project to be undertaken would require that a permit be filed in accordance
with section 62.1-13.5 lof the Code of Virginia4 as well as this erd4paRce
jarticle4- Under such circUMStdnces, the fee accompanying the application
required by section 62.1-13.5 shall also be the fee for the purpose of
this eFd4RanEe-larticle4- (Ord. No. 1052, 6-23-80)
Sec. 1604. Public inspection of lpermit4 applications, maps, etc.
All applications, aRd maps, and documents relating thereto shall be
open for public inspection at the office of the city engineer. (Ord.
No. 1052, 6-23-80)
Sec. 1605. Public hearing procedure ton permit applications4-
Not later than sixty (60) days after receipt of such application, the
wetlands board shall hold a public hearing on such application. The
applicant, the local governing body, the CFomissioner, the owner of
record of any land adjacent to the coastal primary sand dunes in question,
known claimants of water rights in or adjacent to the coastal primary sand
dunes in question, the Virginia Institute of Marine Science, the
Ddepartment of Ggame and 14nland Ffisheries, the Virginia Wwater Cr:ontrol
B6oard, the Ddepartment of h4ghways-&Rd Ttransportation and governmental
agencies expressing an interest therein shall be notified by the board
of the hearing by mail not less than twenty (20) days prior to the date
set for the hearing. The wetlands board shall also cause notice of
such hearing to be published at least once d week for two (2) weeks
128
prior to such hearing in the newspaper having a general circulation in
the City of Virginia Beach. The costs of such publication shall be
paid by the applicdnt. (Ord. No. 1052, 6-23-80)
Sec. 1606. Action of board Ion permit application4.
In acting on any applicdtion for a permit, the bodrd shall grant the
dppliCdtion upon the concurring favorable vote of four (4) members of
the-@-d. The chairman of the board, or in his absence the acting
chairMdn, may administer oaths and compel the attendance of witnesses.
Any person may appear and be heard at the public hearing. Each witness
at the hearing may submit a concise written statement of his testimony.
The board shall make a record of the proceeding, which shall include the
application, any written statements of witnesses, a summary of statements
of all witnesses, the findings and decision of the bodrd, and the
rationale for the decision. The board shall make its determination
within thirty (30) days from the hearing. If the board fails tO dCt
within such time, the application shdll be deemed approved. Within
forty-eight (48) hours of its determination, the board shall notify the
applicant and the Ccommissioner of such determination and, if the bodrd
has not Mdde a determination, it shall notify the applicant and the
Ccommission that thirty (30) days has passed and the application is
deemed approved. The term "act" referenced above shall be the action
of taking a vote on the apPliCdtion. If the application receives less
than four (4) concurring fdvorable votes, this will be a determination
to deny the permit.
The board shall transmit a copy of the permit to the Ccommissioner.
If the application is reviewed or appealed, then the board shall transmit
129
the record of its hearing to the Ccommissioner. Upon a final determination
by the Ccommission, the record shall be returned to the board. The
record shall be open for public inspection at the office of the city
engineer. (Ord. No. 1052, 6-23-80; Ord. No. 1476, 8-6-84)
Sec. 1607. Borkding requirements I;suspension or revocation of permit4-
The board may require a reasonable bond or letter of credit in an
amount and with surety and conditions satisfactory to it securing to
the City of Virginia Beach compliance with the conditions and limitations
set forth in the permit. The board may, after hearing as provided
hereini suspend or revoke a permit if the board finds that the applicant
hdS failed to comply with any of the conditions or limitations set
forth in the permit or has exceeded the scope of the work dS set forth
in the application. The board after hearing may suspend a permit if
the applicant fails to comply with the terms and conditions set forth
in the application. (Ord. No. 1052, 6-23-80)
Sec. 1608. Review procedure_i lgrdnt or denial of permit4.
(a) In making its decision whether to grant, to grant in modified
form, or to deny an application for a permit, the board shall base its
decision on the following factors:
(1) Such matters raised through the testimony of any person in support
of or in rebuttal to the permit application.
(2) IMPdCt Of the development on the public health and welfare as
expressed by the policy and standards of Cehapter 2.2 of Ttitle 62.1
of the Code of Virginia and any guidelines which may have been
promulgated thereunder by the Ccommission.
130
(b) If the board, in applying the standards above, finds that the
anticipated public and private benefit of the proposed activity exceeds
the anticipated public and private detriment and that the proposed
activity would not violate or tend to violate the purposes and intent
of Cchapter 2.2 of Ttitle 62.1 of the Code of Virginia and of this
ard4AaRce-4article4, the board shall grant the permit, subject to any
reasonable condition or modification designed to minimize the impact of
the activity on the ability of the City of Virginia Beach to provide
governmental services and on the rights of any other person and to
carry out the public policy set forth in Cehapter 2.2 of Ttitle 62.1 of
the Code of Virginia and in this erd4naRGe-4article4. Nothing in this
section shall be construed as affecting the right of any person to seek
compensation for any injury in fact incurred by him because of the
proposed activity. If the board finds that the anticipated public and
private benefit from the proposed activity is exceeded by the anticipated
public and private detriment or that the proposed activity would violate
the purposes and intent of Chapter 2.2 of Title 62.1 of the Code of
Virginia and of this ord4RaRce-4-article4, the bodrd shall deny the
permit application with leave to the applicant to resubmit the application
in modified form. (Ord. No. 1052, 6-23-80)
Sec. 1609. Pemits Ito be in writing, signed and riotarized4.
The permit shall be in writing, signed by the chairman of the board
and notarized. No pemit granted by the wetlands board shall affect in
any WdY the applicable zoning and land use ordinances of the City of
Virginia Beach. (Ord. No. 1052, 6-23-80)
131
Sec. 1610. Expirdtion ddte and extensions lof permits4-
No permit shall be granted without an expiration date, dnd the board,
in the exercise of its discretion, shall designate an expiration date
for completion of such work specified in the permit from the date the
bOdrd granted such permit. The board, however, may, upon proper
application therefor, grant extensions. (Ord. No. 1052, 6-23-80)
Sec. 1611. Emergency sand grading activities on sand dunes IOCdted
on the Atldntic shoreline of Virginid Beach.
Notwithstanding the provisions of sections 1601 through 1610, sand
grading dctivities are permitted on coastal primary sand dunes located
on the Atlantic shoreline of the City of Virginia Beach if otherwise
permitted by law, and if the city manager has declared an emergency and
has issued a permit for this purpose. Such dctivities may be conducted
without advance notice and hearing; however, the city manager, upon
request and after reasonable notice as to time and place, shall hold a
hearing tO dffirm, modify, amend, or cancel such emergency permit.
--Emergency," as used in this section, means a sudden and unforeseedble
occurrence or condition, either as to its onset or as to its extent, of
such disastrous severity or magnitude that governmental action beyond
that authorized or contemplated by existing law is required because
governmentdl inaction for the period required to amend the ldW to meet
the exigency would work ifffnedidte and irrevocdble hdrm upon the citizens
of the Cc;ommonwealth or some clearly defined portion or portions thereof.
(Ord. No. 1476, 8-6-84)
132
Sec. 1612. Corkducting activity without pemit.
No person shall conduct any activity which would require a pemit
under -Gr4@-e this article unless he has
a permit therefor. (Ord. No. 1052, 6-23-80; Ord. No. 1476, 8-6-84)
Sec. 1613. Administrative, appellate and enforcement provisions.
In administering the provisions of this article and in order to
provide for appellate review and enforcement, the wetlands board shall
bear all those duties and responsibilities and follow those procedures
specified in sections 62.1-13.7 through 62.1-13.19 of the Code of
Virginia in the same Mdnner and on the same basis as it administers and
enforces the-@t-@--z@@-ord4pance--@rticle 144 of the zoning
ordinance of the City of Virginia Beach, Virginia. (Ord. No. 1052,
6-23-80; Ord. No. 1476, 8-6-84)
Sec. 1614. Investigations and prosecutions.
The wetlands board shall have the authority to investigate all projects,
whether proposed or ongoing, which alter a coastal primary sand dunes
located within the City of Virginia Beach. The wetlands board shall
have the power to prosecute all violations of any order of such board,
or any violation of any provision of the wetlands coastal primary sand
dune zoning ordinance contained in section 62.1-13.25 of the Code of
Virginia or
in article 16 of the zoning ordinance of the City of Virginia Beach,
Virginid. (Ord. No. 1052, 6-23-80; Ord. No. 1476, 8-6-84)
133
Sec. 1615. Reporting, site inspections and notice to comply* wetlands
bOdrd to issue stop work order.
(a) With respect to permits required pursuant to Title 62.1, Chapter
2.2 of the Code of Virginia or article 16 of the zoning ordinance of
the City of Virginia Beach, Virginia, the board chairman may require of
the person responsible for carrying out the provisions of the permit
such monitoring and reports as they may reasonably deem necessary.
With respect to any reported activity not authorized by the aforementioned
chapter or article or with respect to the ViOldtion of any permit
issued pursuant thereto, they may direct such on-site inspections as
dre deemed reasonably necessary to determine whether the measures
required by the permit are being properly performed, or whether the
provisions of the aforementioned chapter or article are being violated.
Prior to conducting such inspections, notice shall be provided to the
resident owner, occupier or operator.
Such resident owner, occupier or operator shall be given an
opportunity tO dCCOMPdny the site inspector. If it is determined that
there iS d failure to comply with the permit, the board chairman shall
serve notice upon the person who is responsible for carrying out the
provisions of the permit at the address specified by him in hiS dPPlication
or by delivery at the site of the permitted activities to the person
supervising such dctivities and desiqndted in the permit to receive
such notice. Such notice shall set forth the medsures needed for
compliance and the time within which such measures shall be completed.
Upon failure of such person to comply within the specified period, he
may be deemed to be in violation of this section and upon conviction
shall be subject to the penalties provided in this article.
134
(b) Issuance of stop work order. Upon receipt of a sworn complaint
of a substantial violation of Title 62.1, Chapter 2.2 of the Code of
Virginia or article 16 of the zoning ordinance of the City of Virginia
Beach, Virginia from the designated enforcement officer, the board
chairman may, in conjunction with or subsequent to a notice to comply
as specified in subsection (a) of this section, issue an order requiring
all or part of the activities on the site to be stopped until the
specified corrective measures have been taken. In the case of an
activity not authorized by the aforementioned chapter or article, or
where the alleged permit noncompliance is causing, or is in imminent
danger of causing, significant harm to the coastal primary sand dunes
protected by the aforementioned chapter or article, such an order may
be issued without regard to whether the person has been issued a notice
to comply as specified in subsection (a) of this section. Otherwise,
such an order may be issued only after the permittee has failed to
comply with such a notice to comply. The order shall be served in the
same manner as a notice to comply, and shdll remain in effect for a
period of seven (7) days from the date of service pending application by
the enforcing authority, permit holder or the resident owner, occupier
or operator for ai)propriate relief to the circuit court of the City of
Virginia Beach, Virginia. Upon completion of corrective action, the
order shdll immediately be lifted. Nothinq in this section shall
prevent the board chairman from taking any other action specified in
section 62.1-13.16 of the Code of Virginia and section 1614 of this
article.
(c) The duties of the board chairman prescribed in this section
may be delegated to their respective designees; however, such respective
1 '35
desig neesshall not bethose persons who arealsodes i gnat ed asenforcement
officers.
Sec. 1616 1616. Violdtion of orders, rules and regulations.
Any person who knowingly, intentionally, negligently or continually
violates any order, rule or regulation of the Ccommission or of the
wetlands board or violdtes any provision of Ttitle 62.1, Cehapter 2.2,
of the Code of Virginia or this article 16 of the zoning ordinance of
the City of Virginia Beach, Virginia, or any provision of a permit
granted by the wetlands board or the Ccommission pursuant to Ttitle 62.1,
Cchdpter 2.2,. of the Code of Virginia or this article 16 of the zoning
ordinance of the City of Virginia Beach, Virginia, shall be guilty of a
misdemeanor. Following a conviction, every day the violation continues
shall be deemed a separate offense. (Ord. No. 1052, 6-23-80; Ord. No.
1476, 8-6-84)
Sec. 1616 1617. Injunctions.
In addition to and notwithstanding the provisions of section 62.1-
13.27 of the Code of Virginia and sections 1615 1613, 1614, 1615 and
1616 of this article heFe4R, upon petition of the wetlands board to the
circuit court of the City of Virginia Beach, the court may enjoin such
unlawful act and may order the person so acting unlawfully to take such
steps as are necessary to restore, protect and preserve the coastal
primary sand dunes wet4aRds involved. (Ord. No. 1052, 6-23-80; Ord.
No. 1476, 8-6-84)
136
Sec. 1617 1618. Exemptions.
Lal Nothing in this article shall affect dny project or development
(i) for which d Vdlid building permit or findl site plan approval
has been issued prior to July oReT-R4Reteen-huRdfed-e4ghty 1.
1980; or
(ii) which, if no building permit is required for such project,
including a locally approved mining operation, has been
otherwise commenced prior to July ene,--n*Be@R-
e4ghty 1, 1980, and certified as exempt by the Ceommission or
the wetlands board; or
(iii)approved by the council of City of Virginia Beach pursuant to
Ordinance No. 931 which was the coastline management ordinance
in effect from March 26, 1979 to July 1, 1980.
Nothing in this section shall be deemed to exclude from regulation any
activity which expands or enlarges upon a project already in existence
or under construction.
(b) The Virginia Beach Wetlands Board shall make an ongoing
determination in the Sandbridge Beach subdivision of the area bounded
on the north by Dam Neck Naval Base, on the west by Sandfiddler Road,
and on the south by White Cap Lane, to determine which structures
or properties are in clear and imminent danger from erosion and
storm damage due to severe wave action or storm surge. The owners
of structures or properties so defined shall not be prohibited
fromerectingandmaintaininqprotectivebulkheadsorotherequivalent
structural improvements of a type, size and configuration approved
by the Virginia Beach Wetlands Board. The Virginia Beach Wetlands
Board shall not impose arbitrary or unreasonable conditions upon
1 37
its approval of any such bulkhead or other structural improvement
but shall maintain a continuing responsibility to ensure that each
bulkhead or structural improvement constructed under the authority
of this section is maintained in a condition which is safe,
structurally sound, and otherwise in conformity with the reasonable
conditions imposed by the wetlands board. However, prior to the
undertaking of construction of bulkheads or other structural
improvements, adjacent property owners on both sides of the proposed
bulkhead or other structural improvement shdll indicate by written
agreement their consent to the proposed construction. Such written
agreement shall be submitted with the applicdtion requesting
approval of the improvement to the wetlands bodrd. At the time
the application is submitted, the applicant shal I consent in
writinc to any subsequent construction which may occur whereby an
adjacent property owner desires to tie in a bulkhead at no additional
cost with that bulkhead proposed by the applicant. Such consent
shall be considered a waiver of property line defenses relating to
the bulkhead line. Ord. No. 1052, 6-23-80; Ord. No. 1476, 8-6-84)
Adopted by the Council of the City of Virginia Beach, Virginia, on
the 17th day of Augst 1987.
138
- 31 -
Item IV-H.l.a.
ORDINANCE/RESOLUTION ITEM # 27875
Upon motion by Councilwoman Parker, seconded by Vice Mayor Oberndorf, City
Council ADOPTED the Resolution approving the Refunding Issuance of Industrial
Development Refunding Bonds:
ATLA14TIC RESORT ASSOCIATES $4,000,000
Voting: 7-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Barbara M. Henley,
Mayor Robert G. Jones, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
Robert E. Fentress, Harold Heischober, Reba S.
McClanan and John L. Perry
SUMMARY SHEET
CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY
INDUSTRIAL DEVELOPMENT REVENUE BOND
PROJECT NAME:
Atlanti6 Resort Associates
2. LOCATION:
1101 Atlantic Avenue
Virginia BeaCh, ~irgi~ia
3. DESCRIPTION OF PROJECT:
Hotel and Restaurant Facility
4. AMOUNT OF BOND
5. PRINCIPALS:
ISSUE:
$4,000,000 !
Edmund C. Ruffin
Nabil D. Kassir
6. ZONING CLASSIFICATION:
Presgnt zoning
classification of
Property
the
b. Is rezoning proposed?
c. If so, to what zoning
classification?
Yes ... No , ~
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: Atlantic Resort Associates
TYPE OF FACILITY: Hotel and Restaurant Facility
1. Maximum amount of financing sought $ 4 , 0 0 0 , 000
2 Estimated taxable value of the . D VN,"C,
facility's real property to be 4
constructed in the municipality s-5@6?- 500,00
3. Estimated real property tax per
year using present tax rates (,191,7),;,117, s
4. Estimated personal property tax
per year using present tax --ates $ 33,700,00
5. Estimated merchants' capital
(business license) tax per
year using present tax rates s-9 7 30, 0
6. Estimated dollar value per year
of goods and services that will
be purchased locally o(.)L), 0 CD
7. Estimated number of reoular
employees on year round basis
8. Average annual salary per employee $--to, 6o(o , (X)
I
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA B
DEVELOPMENT AUTHOR
By_
G..,d SI-Ii-@
c-+
Ct
th
e I
W
w"
W.:
W,
vt.
WW"
Project Name Atlantic Resort Associates
Project Address - 1101 Atlantic Avenue .
Virginia Beach, Virginia
Type of Project - Hotel and Restaurant Facility
A meeting of the Council of the City of Virginia Beach,
Virginia, was held in the Council Chambers, in the Adminis-
tration Building, on the 17th day of Auaust 1987.
on motion by Councilwoman Parker
and seconded by p.@r @rnrlnrf the follow-
ing Resolution was adopt
RESOLUTION APPROVING THE REFUNDING ISSUANCE OF INDUS-
TRIAL DEVELOPMENT REVENUE BONDS FOR ATLANTIC RESORT
ASSOCIATES
WHEREAS, the City of Virginia Beach Development Authori-
ty (the Authority), has considered the request of Atlantic
Resort Associates, a Virginia limited partnership (the
Company) for the issuance of the Authority's industrial
development revenue refunding bonds in an amount not to
exceed $4,000,000 (the Bonds) but not to exceed the outstand-
ing principal amount of the Authority's $4,000,000 Industrial
Development Revenue Bonds (Atlantic Resort Associates Project),
Series of 1982 (the Original Bonds), to assist the Company in
redeeming in full the Original Bonds which were issued to
finance the acquisition, construction and equipping of a
hotel and restaurant facility (the Project) located at 1101
Atlantic Avenue in the City of Virginia Beach, Virginia, and
owned by the Company, and has held a public hearing thereon
on August 11, 1987; and
WHEREAS, the Authority has recommended that the City
Council (the Council) of City of Virginia Beach, Virginia
(the City), approve the issuance of the Bonds to comply with
Section 147(f) of the Internal Revenue Code of 1986, as
amended, and Section 15.1-1378.1 of the Code of Virginia of
1950, as amended.
WHEREAS, a copy of the Authority's resolution approving
the issuance of the Bonds, subject to terms to be agreed
upon, a reasonably detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a
statement in the form prescribed by Section 15.1-1378.2 of
the Code of Virginia of 1950, as amended, have been filed
with the Clerk of the Council;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The recitals made in the preambles to this Resolu-
tion are hereby adopted as a part of this Resolution.
2. The Council of the City of Virginia Beach, Virginia,
approves the issuance of the Bonds by the City of Virginia
Beach Development Authority to assist in the redemption of
the Original Bonds for the benefit of the Company, to the
extent of and as required by Section 147(f) of the Internal
Revenue Code of 1986, as amended.
3. The approval of the issuance of the Bonds, as
required by such Sections 147(f) and 15.1-1378.1, does not
constitute an endorsement of the Bonds or the
creditworthiness of the Company, but, pursuant to Chapter
643, Virginia Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall
be obligated to pay the Bonds or the interest thereon or
other costs incident thereto except from the revenues and
moneys pledged therefor, and neither the faith or credit nor
the taxing power of the Commonwealth, the City, or the
Authority shall be pledged thereto.
4. This Resolution shall take effect immediately upon
its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on Aiigiigi- 17 1987.
2
- 32 -
Item IV-H.2.
ORDINANCE/RESOLUTION ITEM # 27876
Fagan D. Stackhouse, Director of Personnel advised, The Employee Assistance
Program is designed to help non-productive or under-productive employees to
attain a satisfactory job performance by assisting employees and their
families with personal problems. The RFP Committee's selection was the Bon
Secours-Maryview Employee Assistance Program. The Contract is for $49,000, for
one year, September 1, 1987 - Agusut 31, 1988, with an option for renewal for
up to three contract years. The services will be available to all full-time,
part-time and permanent employees (4500) and their families. The program
services will include: Assessment, Short-term Counseling, Referral, Continuing
Education and Training Services, Program Evaluation Data, Crisis Intervention,
Trauma Counseling, a 24-hour emergency phone service, Training Seminars, etc.
Each department this year will be assessed for the $49,000 on a per capita
basis.
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council AI)OPTED:
Resolution autliorizing and directing the City
Manager to execute an agreement to provide an
Employee Assistance Program.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Mayor Jones requested a copy of the ratings on the different firms that offer
to bid on the aforementioned item.
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER TO
EXECUTE AN AGREEMENT TO PROVIDE
AN EMPLOYEE ASSISTANCE PROGRAM
WHEREAS, the City desires to contract for an employee
assistance program, and
WHEREAS, the city received six proposals to provide
such a service and the Selection Committee, based on its
evaluation, recommends Bon Secours-Maryview Employee Assistance
Program, and
WHEREAS, the contract amount is $49,000 for the period
September 1, 1987 - August 31, 1988 and such funds are available
in the FY87-88 Operating Budget
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH that the City Manager is hereby authorized
and directed to enter into an agreement with Bon Secours-Maryview
Employee Assistance Program to provide an employee assistance
program. Said agreement is attached and approved.
ADOPTED: August 17, 1987
AGREEMENT
THIS AGREEMENT, made and entered into this day
o f . 1987, by and between Bon Secours-Naryview
Employee Assistance Program, a service of Bon Secours-Maryview
Employee Corporation, a non-profit corporation organized under
the laws of the Commonwealth of Virginia, 3636 High Street,
Portsmouth, Virginia 23707 trading as Bon Secours-Maryview
Employee Assistance Program, (hereinafter referred to as "EAP")
and the City of Virginia Beach, (hereinafter referred to as "the
city")
WITNESSETH
WHEREAS, based upon its experience, MARYVIEW EAP is prepared
to and desires to render an employee assistance program to the
employees and family members of the City as set forth below; and
WHEREAS, the CITY desires to contract with MARYVIEW EAP for
the provision of employee assistance services:
NOW, THEREFORE, the parties hereto agree as follows:
1 . MARYVIEW EAP agrees to provide employee assistance
services to the CITY under the name "The City of Virginia Beach
Employee Assistance Program" (hereinafter referred to as the
Program). The Program shall commence September 1, 1987.
2. TERM:
The term of this Agreement shall be for one (1) year
beginning September 1, 1987, and expiring August 31, 1988. The
CITY reserves the right to extend the contract for three (3)
additional one (1) year terms at a price mutually agreed upon
between Bon Secours-Maryview EAP and the CITY. Renewal
discussion shall begin sixty (60) days prior to the expiration
date of the contract. In tbe event that the CITY chooses not to
renew the contract, the CITY must notify MARYVIEW EAP of its
decision not to renew the contract within thirty (60) days in
advance of such anniversary date, and the Agreement shall then be
terminated at such anniversary date.
3. TRAINING:
To help provide for the success of the Program the CITY
agrees to: allow time for its managers and supervisors to attend
informational sessions; provide meeting space for training and
informational meetings, seminars, and workshops; generally
1
encourage employee participation in the Program through articles
in internal publications, bulletin board notices and the like;
disseminate policy and procedure statements relating to the
Program; appoint a corporate designee, and/or provide an advisory
committee to assist in the Program's promotion and provide
Program feedback. The CITY agrees to conduct Program mailings to
employees' homes.
4. PROGRAM ADMINISTRATOR:
The City will appoint a program administrator to coordinate
all aspects of the Program with Bon Secours-Maryview. The
Program Administrator shall be Mary Lopez, Assistant to the
Director of Personnel.
5. PROGRAM PROMOTION:
The Program will be promoted by MARYVIEW EAP, as well as, by
the CITY through its appropriate designees, advisory committee,
management staff, public relations and human resources staff.
6. TYPES OF REFERRALS:
There will be two types of referrals to the Program: (1)
Voluntary (informal) referrals that utilize the Program services
as a result of the employee's or employee family member's direct
inquiry and do not require recommendation of the CITY; (2)
Supervisor/management (formal) referral - referrals that are made
to the Program by a supervisor or manager of the CITY.
7. CONFIDENTIALITY:
The Program provides complete confidentiality for employees
and their family members. If the employee or employee's family
member requests the service on his/her own volition, information
will not be relayed back to the CITY unless the individual being
treated is a threat to himself/herself or other individuals. if
a CITY supervisor/manager makes a direct (formal) referral to the
Program, the Program Coordinator (MARYVIEW EAP designee) will
inform the supervisor that the employee attended the session and
plans for continued follow-up care. In order to assure this
privacy right, an authorization to release information will be
obtained from the employee by MARYVIEW EAP.
8. COVERED PARTICIPANTS:
The Program is designed to include full-time permanent and
part-time permanent CITY employees as well as, their immediate
family members, to be defined as spouse (if married) and
dependent children, and if unmarried, parents, siblings,
dependent children or members of the same household living with
the employee (hereinafter referred to as the Participant). if
2
there is a question of eligibility, HARYVIEW EAP shall determine
eligibility. Individuals requesting services who are not
immediate family members of an employee can seek the MARYVIEW EAP
Coordinator's assistance in obtaining a referral.
9. COVERED SESSIONS:
A session is defined between a Participant and a Maryview
EAP staff member consisting of face-to-face counseling or
telephone counseling consisting of 30 minutes or more.
MARYVIEW EAP staff will initially assess and evaluate each
CITY Participant who seeks assistance. The staff will complete
an initial assessment form and track the Participant's progress.
The initial assessment period will include customarily three
sessions per Participant. There will be no charge to the CITY or
the Participant for this service. If, as a result of assessment,
intensive outpatient/emergency treatment is required, the
Participant will be referred to a private practice group,
hospital or community agency which meets the standards of quality
care established by the Program.
10. AVAILABILITY OF COUNSELORS:
The Program will be staffed by MARYVIEW EAP counselors who
will provide administrative and clinical Program services to the
CITY. A MARYVIEW EAP Coordinator will be available for on-site
visits through a 24-hour professional answering service (804-628-
5 1 1 4 ) .Staff will return emergency calls directly. if
necessary, referrals will be made to local emergency services
organizations/facilities or other area hospital emergency rooms
where MARYVIEW EAP has crisis arrangements. Non-emergencies will
be contacted by staff and evaluated within 48 hours of the
initial contact.
11. LOCATIONS:
The staff can meet with Participants at locations external
to the CITY locations. Locations will be local area providers
and affiliate staff offices. The City locations will be as
follows: (1) Fire Training Center; ( 2 )Social Services
Department; and (3) Municipal Center. Additional locations may
be added by the CLTY in the future.
12. PROGRAM OPERATION AND COORDINATION:
Each Participant will be initially evaluated through a
diagnostic intake interview which will assess the primary
presenting problem areas. MARYVIEW EAP will develop the
recommendations and plan of action to guide the course of
clinical direction. Progress note narratives will be documented
on each Participant's visit. Each Participant record shall be
3
clinically reviewed through case peer review bimonthly for
clinical disposition and referral resources review.
13. REFERRALS TO OTHER PROVIDERS:
Through the Program's staff, relationships have been
developed with several private practice groups and agencies to
provide extended treatment services to Participants as necessary.
Additional referral resources are available and have been
developed with community private practitioners and agencies with
assistance from the CITY. MARYVIEW EAP will continue to develop
resources as indicated by Participants' needs.
14. MARYVIEW EAP will develop a network of providers
throughout Tidewater and Southside Hampton Roads including
physicians, psychologists, addiction specialists, social workers,
vocational counselors, health educators, nurse clinicians,
financial planners, clergy and attorneys. In addition, MARYVIEW
EAP encourages the use of a broad network of self-help and
support groups. Agency or facility referrals by MARYVIEW EAP
take place only after an independent utilization review is
conducted by MARYVIEW EAP to confirm a referral therapist's
decision to continue treatment beyond short-term intervention.
15. EXTENDED TREATMENT:
When specialty services or longer term treatment is needed
beyond the initial assessment period, referrals can be made
directly to a private practitioner/agf!ncy/hospital if determined
necessary by staff and agreed to by the Participant. (Specialty
services are those services that require a specialty service
provision; for example: debtor's counseling, extensive financial
planning, extensive family/marital therapy, fertility
counseling).
16. For those Participants who are referred for longer term
treatment and who cannot pay what is unpaid by his/her insurance,
referrals will be made to those private practitioners and
community agencies who have previously agreed to accept
negotiated fees. Because of the consortium of selected referral
resources that MARYVIEW EAP will develop, special arrangements
will be established by MARYVIEW EAP with those professionals
willing to negotiate fees considering the Participant's financial
and insurance provisions.
17. Sliding scale fee arrangements will also be available
through community organizations and agencies with which MARYVIEW
EAP has a working relationship, based on the Participant's
ability to pay. MARYVIEW EAP will develop working relationships
with area city-wide providers, social services, family services
and other institutions that fee arrangements will be based on the
Participant's qualifications and ability to pay.
4
1
18. INPATIENT REFERRALS:
Referrals will be made to inpatient community treatment
facilities when necessary. Referrals to inpatient facilities are
made based on the clinical needs of the Participant, cost
effective treatment, and the facility's willingness to
participate in utilization review and release of information
within the bounds of confidentiality and this Agreement. The
selection of facilities will be based on a variety of factors
including: Participant's needs, location, and insurance approved
facilities. It is expected that a small number of employees will
require hospitalization and that they will be referred to a
number of area hospitals and treatment.centers.
19. MARYVIEW EAP provides for aftercare services and
periodic follow-up contact visits. With the Participant's
consent, the Program staff shall maintain ongoing contact with
any professional resource to whom the Participant has been
referred to permit effective and efficient intervention and
assure the Participant's progress toward successfully resolving
problems. Current and reliable information concerning the
Participant's counseling status is especially important in
communicating with the CITY supervisors who have referred
employees to the Program.
20 . The Program provides for clinical assessment services
through assigned staff coordinators who will be supervised by
MARYVIEW EAP Director. In addition, the MARYVIEW EAP
Coordinators will provide clinical and administrative management
services to the CITY. Bon Secours-Maryview EAP Director will
provide on-going administrative management and supervision
services to this total Agreement. MARYVIEW EAP will distribute a
questionnaire to the CITY employees to evaluate the Program's
accessibility, involvement, and general feeling about the service
prior to the completion of the first year the Agreement is in
effect.
2 1 . MARYVIEW EAP has developed a data base to determine
cost benefit savings resulting from participation in the Program.
This data will serve as a basis for comparing Program impact on
future years' absenteeism rates, insurance compensation claims,
turnover rate, worker's compensation claims, e t c . This
information, to be provided by the CITY, can measure the
Program's effectiveness in specific industrial areas where
recognized cost savings could be derived.
22 . MARYVIEW EAP will maintain a supervised referral
liaison with community-based practitioners. With each carefully
matched referral, MARYVIEW EAP will require continuous feedback
to its staff regarding the progress of each Participant.
MARYVIEW EAP will utilize voluntary, community, corporate and
5
social services resources as necessary. MARYVIEW EAP strongly
supports, through its client referrals, various self-help groups
whose service and assistance are often free of charge and found
to be highly effective.
2 3 . MARYVIEW EAP will conduct an on-going independent
utilization review of community resources to ascertain the need
for continued care, and to evaluate the community provider's care
and service provisions. This evaluation process is established
through frequent on-site visitation to community agencies and
private practices. The evaluation process will enable MARYVIEW
EAP to determine those providers who will not be further utilized
for referral due to their limitations, poor clinical quality or
inability to provide time-limited services.
24. REPORTING TO MANAGEMENT:
MARYVIEW EAP will submit a written narrative and statistical
summary report quarterly to the CITY. The narrative report shall
include: counseling services, specialty case load activity,
Program seminars/training, Program promotion, Program development
and coordination. The statistical summary is reported by month
and will reflect the following:
A. Total number of Participants seeking assistance
for each month during the reporting quarter.
B. The number of new Program Participants seeking
assistance.
C. The number of Participants voluntarily utilizing
the Program versus those referred by the CITY.
D. The number of employees and non-employees using
the Program.
E. The number of Participants with presenting problem
categories delineated, i.e. family/marital
discord, alcohol/drug problems, financial
problems, etc.
F. The number of referrals to private practice
groups.
G. The number of referrals to community agencies.
H. The number of Participants continuing with
MARYVIEW EAP Staff.
I. The number of coordinated meetings with the CITY
management.
6
i The number of training programs conducted by
MARYVIEW RAP for the CITY.
K. The number of seminars/training programs
conducted.
L. The number and type of promotional pieces
submitted to the CITY.
25. MANAGEMENT AND SUPERVISORY TRAINING:
MARYVIEW EAP agrees to conduct orientation and training
sessions (two sessions during the original term of the Agreement
consisting of approximately three (3) hours if approved by the
CITY) for the CITY designated managers and supervisors. The
training will communicate the Program policies and procedures to
the CITY managers and supervisors and provide them with
information on the evaluation of job performance deterioration
and how they can most effectively utilize the services of the
Program. MARYVIEW EAP shall provide training materials and
printed manager guides.
26. EMPLOYEE EDUCATIONAL SEMINARS:
MARYVIEW agrees to provide tvelve (12) periodic seminars for
employees. The seminars vill be tailored specifically to meet
the needs of the employees. Seminar topics may include, but are
not limited to:
Stress Management Alcohol/Drug Iaformation
Working Families/Dual Careers Financial Planning
Self Defense Techniques Industrial Safety
Assertiveness Training Parenting Skills
Breast Diagnostic Information Health Testing
Household Safety Legal Concerns
27. NOTICES:
All notices or other communications to a party to this
Agreement shall be effective only if in writing delivered
personally or mailed, with postage prepaid, to the party entitled
to receive the same, at the addresses of the parties set forth
below:
if to MARYVIEW EAP: if to the CITY:
Stephanie Lloyd Mary K. Lopez
BAP Director Assistant To Director Of Personnel
Maryviev Hospital Department Of Personnel
3636 High Street City Of Virginia Beach
Portsmouth, VA 23707 2396 Court Plaza Drive
7
Virginia Beach, VA 23456
Each party may at any time change the place to which such notices
or other communications are to be addressed, on ten (10) days
written notice to the other party.
28. HEALTH INSURANCE:
During the term of this Agreement, should the CITY for any
reason decide to modify its group health insurance program, the
CITY will provide MARYVIEW EAP thirty (30) days written notice of
such change.
29. Both parties acknowledge that confidentiality is a key
element of the Program, and, therefore, the confidentiality of
all transactions with and identify of every person referred to,
or voluntarily seeking the support of, the Program, will be
maintained by MARYVIEW EAP and the CITY.
30. The proposal made by MARYVIEW EAP to the CITY to
provide Program services, and any materials used by or developed
by MARYVIEW EAP in connection with the Program are the property
of MARYVIEW EAP. The CITY agrees not to use any of these
materials in possible future development of its own Employee
Assistance Program, or to divulge these materials to another
contractor.
31. The CITY agrees that at no time during the term of this
Agreement, or for a period of one (1) year immediately following
the termination of the Agreement, will it call upon any MARYVIEW
EAP Staff for the purpose of employing, hiring, or otherwise
interfering with the relationship of these individuals with
MARYVIEW EAP without the prior written approval of MARYVIEW EAP.
3 2 . The total fee to be paid by the CITY to MARYVIEW HAP
for its performance of this Agreement for the period September 1,
1987 to August 31, 1988, will be $49,000.08 payable in equal
monthly installments of $4,083.34 commencing September 30, 1987.
Invoices will be rendered on the first of each month, and are due
upon receipt and payable in ten (10) days. Payments will be made
directly to Bon Secours-Maryview Employee Assistance Program:
Attention Mrs. Autumn Edmiston, 3636 High Street, Portsmouth, VA
2 3 7 0 7 . This fee includes initial assessment, customarily three
counseling sessions per Participant provided by MARYVIEW EAP
Staf f , referral services, printing, training, and training
materials. The CITY is responsible for mailing the introductory
brochure, wallet card and letter to employees' homes . The CITY
w i 1 1b e responsible f or the postage f o r that mailing.
Specialized printing is not included in the fee.
33. Fees and charges f or services by individuals or
agencies to which any CITY Participant is referred by MARYVIEW
8
1
EAP are tbe responsibility of the employee. MARYVIEW EAP will
not be held responsible by the CITY for the payment of such fees
or charges.
34. Both parties agree that they shall make available to
the Secretary of Health and Human Services or the Comptroller
General of the United States (or any of their duly-authorized
representatives) this Agreement, including amendments hereto, and
its books, documents, and records that may be necessary to verify
the nature and extent of the payments made by the CITY to
MARYVIEW EAP hereunder. Said access shall be limited to a period
of seven (7) years after the furnishing of services hereunder and
shall be in accordance with the written regulations established
by the Secretary of Health and Human Resources.
35. MARYVIEW EAP agrees that its relationship with the CITY
will be that of an independent contractor, and that it will not
act or represent that it is acting as an agent of the CITY or
incur any obligation on the part of the CITY without written
authority of the CITY.
36. If MARYVIEW EAP is required to reveal the financial
contents of this Agreement in the course of its normal
relationships with its bank or financial institutions, the CITY
agrees to verify existence of the Agreement and payment of fees.
37. The CITY agrees that it will provide an office or space
at the regional office locations for the conducting of supervisor
consultations or emergency counseling as necessary.
38. The obligation of MARYVIEW EAP under thl@.s Agreement may
not be assigned without the prior written consent of both parties
hereto.
3 9 . This Agreement shall be governed by and construed in
accordance with the laws of the Commonwealth of Virginia.
40. MARYVIEW EAP agrees to indemnify and hold the CITY
harmless from any liability which may be imposed against the CITY
by reason of acts or omissions of MARYVIEW EAP. MARYVIEW EAP, at
its sole cost and expense, shall procure and maintain a policy or
policies of liability insurance in amounts of not less than
$1,000,000 per occurrence/$3,000,000 aggregate to insure it and
its employees and other agents against any claim or claims for
damages arising directly or indirectly in connection with the
activities performed by it under this.Agreement, or any amendment
hereof. MARYVIEW EAP agrees to furnish the CITY with a
Certificate of Insurance issued by the carrier to evidence the
existence of such policy or policies within ten (10) days of the
contract signing.
9
41. This Agrement, when fully executed, sball supersede any
and all prior and existing agreements, either oral or in writing,
and contains all the covenants and agreements between the parties
with respect to the subject matter of this Agreement . The
Agreement incorporates all services to be provided by MARYVIEW
EAP as outlined in the Employee Assistance Program Proposal
prepared by MARYVIEW EAP for the CITY. Any amendment or
modification of this Agreement must be made in writing and signed
by the parties hereto.
IN WITNESS HEREOF, the parties hereto have executed this
Agreement, by their officers thereunto duly authorized, on the
day and year first written.
THE CITY OF VIRGINIA BEACH
By:
TITLE:
BON SECOURS-MARYVIEW EMPLOYEE ASSISTANCE
PROGRAM
By:
TITLE:
A@ri<t-)vED AS TO CONTENT@
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFI
CITY ATTORNEY
10
- 33 -
Item IV-H-3.
ORDINANCE/RESOLUTION ITEM # 27877
Edward Bankston, 4316 Hermitage Road, Phone: 460-1735, spoke in opposition
Upon motion by Councilman Heischober, seconded by Councilman Moss, City
Council ADOPTED, AS AMENDED:*
Resolution proposing that the General Assembly
amend Section 6.05:1 and repeal Section 6.05:2 of
the Charter of the City of Virginia Beach,
Virginia, both relating to the issuance of Bonds.
On Line 27, the words "General Assembly" shall be
eliminated and the word "Voters" substituted.
On Line 28, the words "in an Advisory Referendum"
shall be added after the words "should be
requested".
On line 35, the words "the General Assembly" shall
be eliminated and the words "in an Advisory
Referendum whether" shall be added after the words
"to request" and before the words "to amend Section
6.05:1"
Section 2 comprised of Lines 90, 91 and 92 shall be
eliminated. Section 3 shall be changed to Section 2
and Section 4 shall be changed to Section 3.
The QUESTION to be proposed on the REFERENDUM
BALLOT will be presented at the City Council
Meeting of August 24, 1987.
In response to Councilman Heischober's inquiry relative Council's concern
about the QUESTION, Councilman Moss requested the QUESTION appearing on the
BALLOT give a clear indication the City will be able to borrow without voter
approval. Councilwoman Henley advised the wording be as simple as possible.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Adopted by City Council AUgUSt 17, 1987
1 RESOLUTION PROPOSING THAT THE
2 GENERAL ASSEMBLY AMEND SECTION
3 6.05:1 OF THE CHARTER OF THE CITY
4 OF VIRGINIA BEACH, VIRGINIA,
5 RELATING TO THE ISSUANCE OF BONDS
6
7
8 WHEREAS, it is the opinion of the Council of the City
9 of Virginia Beach, Virginia (the City), that the voters should be
10 requested in an advisory referendum to amend provisions of the
11 Charter of the City relating to the issuance of bonds;
12 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
13 BEACH, VIRGINIA:
14 1. It is hereby determined to be in the best interest
15 of the City to request in an advisory referendum whether to amend
16 section 6.05:1 of the Charter to read as follows:
17
18 Section 6.05:1. Authority for issuance of bonds.
19
20 No bonds of the city shall be issued until their
21 issuance shall have been authorized by an ordinance adopted by
22 the affirmative vote of two-thirds of all members of the council
23 and approved by the affirmative vote of a majority of the
24 qualified voters of the city voting on the question at an
25 election called and held for the purpose in the manner provided
26 by law for submitting any question or proposition to the voters;
27 provided that bonds and other obligations shall not be subject to
28 the foregoing requirements if they are (a) of a type excluded
29 from the computation of indebtedness of cities and towns under
30 section 10(a) of article VII of the Constitution and are
31 authorized and issued so as to satisfy the conditions for
32 exclusion set forth therein or (b) refunding bonds; provided,
33 further, that the council may, without submitting the question of
34 their issuance to the qualified voters, issue bonds or other
35 obligations in any calendar year for any proper purpose in such
36 amounts as shall not exceed
37 the-c-ity-,-.as-@@@ned -i@@
38
39 of - -sd@- -i @&r. .25
40 per centum of the assessed value of real estate in the city
41 subject to taxation, as shown by the assessment for taxes for the
42 last preceding year. For the purposes of this paragraph, the
43 terms "bonds", "other obligations" and "indebtedness" shall not
44 include contractual obligations of the city other than bonds and
45 notes. For purposes of determining the amount of bonds or other
46 obligations that may be issued in any calendar year without an
47 election, there shall not be included (i) bonds or other
48 obligations that were approved at an election and (ii) refunding
49 bonds in each case issued in such year. Authorized bonds or
50 other obligations which could have been issued without an
51 election on December thirty-one in the year they were authorized
52 may be issued in a subsequent year without affecting the annual
53 limitation for such subsequent year.
54 The total indebtedness of the city as determined in
55 accordance with the provisions of article VII, section 10 of the
56 Constitution shall not at any time exceed ten per centum of the
57 assessed valuation of the real estate in the city subject to
58 taxation, as shown by the last preceding assessment for taxes,
59 nor shall the limitations imposed by the preceding paragraph on
60 the issuance of bonds or other obligations in any calendar year
61 without a referendum be increased, until after such questions
62 shall have been submitted to the voters of the city in a
63 referendum held pursuant to section 3.09 of this Charter.
64 2. The Circuit Court of the City is hereby requested
65 to order an election pursuant to Sections 15.1-834 and 24.1-165
66 of the Code of Virginia of 1950, as amended, to determine if the
67 qualified voters of the City desire the Council to request the
68 General Assembly to amend the Charter as provided above.
69 3. If the qualified voters of the City vote in favor
70 of such proposed amendments, the City Manager shall provide for
71 the transmittal of two certified copies of the results of such
2
72 election, the newspaper publisher's affidavit of publication of a
73 summary of the proposed amendments and the proposed amendments to
74 one or more members of the General Assembly representing the City
75 with the request that the General Assembly amend the Charter as
76 provided above.
77
78 JDB/epm
79 (\ordin\proposed\06-005-l.pro)
3
- 34 -
Item IV-H.4.
ORDINANCE/RESOLUTION ITEM # 27878
Councilman Balko referenced a correction in the AGENDA REQUEST FORM. The
total project cost would have a $.007 impact on the real estate tax rate, NOT
$.07 as stated.
The City Council reaffirmed action previously taken on June 8, 1987,
pertaining to the Adoption of the Resolution regarding location,
construction and funding of the whole Judicial Center in the City of
Virginia Beach. The City Council shall proceed with request for increased
user fees through the General Assembly. The City Council embraces the
concept for going to the General Assembly to requst an increase in User
Fees based on the fact that the City Council is committed as a body to the
full court complex, understanding that other sources of revenue will be
used in the eventual construction of this facility in addition to the User
Fees, which leaves open the Lease/Purchase Question, the possibility of
investigating the staffing, refunds from the State for the Court Services
and a possible partial cash investment.
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council:
REAFFIRMED ACTION TAKEN June 8, 1987, CONCERNING
THE WHOLE JUDICIAL CENTER AT $32-MILLION AND TO
PURSUE INCREASED FEE STRUCTURE THROUGH THE GENERAL
ASSEMBLY;
AND,
REMOVED FROM THE AGENDA AND REFERENDUM QUESTION:
Ordinance authorizing the issuance of Bonds for
Juvenile Domestic Relations District Court
Facilities for the City of Virginia Beach,
Virginia, in the maximum amount of $7,500,000,
subject to the approval of the Qualified Voters,
1987 Referendum.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, John D. Moss,
Vice Mayor Meyera E. Oberndorf, Nancy K. Parker and
John L. Perry
Council Members Voting Nay:
Mayor Robert G. Jones
Council Members Absent:
Reba S. McClanan
- 35 -
Item IV-H-5-
ORDINANCE/RESOLUTION ITEM # 27879
Edward Bankston, 4316 Hermitage Road, Phone: 460-1735, spoke in opposition
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council ADOPTED upon SECOND READING:
Ordinance authorizing the issuance of Recreational
Facilities Bonds of the City of Virginia Beach,
Virginia, in the maximum amount of $32,850,000
subject to the approval of the qualified voters,
1987 Referendum.
3.8cts shall be the levy to support the construction and operation-maintenance.
Voting: 9-0
Council Members Voting Aye:
Albert W. Balko, Robert E. Fentress, Harold
Heischober, Barbara M. Henley, Mayor Robert G. Jones,
John D. Moss, Vice Mayor Meyera E. Oberndorf, Nancy
K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
John A. Baum and Reba S. McClanan
1 AN ORDINANCE AUTHORIZING THE ISSUANCE
2 OF RECREATIONAL FACILITIES BONDS OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA IN THE MAXIMUM
4 AMOUNT OF $32,850,000 SUBJECT TO THE
5 APPROVAL OF THE QUALIFIED VOTERS
6
7
8
9
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 1. It is hereby determined to be necessary and
13 expedient!for the City of Virginia Beach to expand its recrea-
14 tional facilities by acquiring, constructing, and equipping
15 community recreational facilities in each of the Lynnhaven,
16 Bayside, and Princess Anne boroughs and renovating and improving
17 the existing Bow Creek community recreational facility, which
18 will promote the public welfare of the City and its inhabitants,
19 and to finance costs thereof through the borrowing of $32,850,000
20 and issuing the City's general obligations bonds therefor.
21 2. Pursuant to the City Charter and the Public Finance
22 Act, there are hereby authorized to be issued recreational faci-
23 lities bonds of the City in an amount not to exceed $32,850,000.
24 The bonds may be issued as a separate issue or combined with
25 bonds authorized for other purposes and sold as part of a
26 combined issue of public improvement bonds.
27 3. The bonds shall bear such date or dates, mature at
28 such time or times not exceeding forth (40) years from their
29 dates, bear interest at such rate or rates not to exceed the
30 maximum rate authorized by law at the time the bonds are sold, be
31 in such denominations and form, be executed in such manner and be
32 sold at such time or times and in such manner as the Council may
33 hereafter provide by appropriate resolution or resolutions.
34 4. The bonds shall be general obligations of the City
35 for the payment of principal of and interest on which its full
36 faith and credit shall be irrevocably pledged.
37 5. The bonds shall not be issued until approved by a
38 majority of the qualified voters of the City voting on the
39 question of their issuance at an election to be held in the City.
40 6. The City Clerk is hereby authorized and directed to
41 cause a certified copy of this ordinance to be presented to the
42 Circuit Court of the City of Virginia Beach, Virginia, which is
43 hereby requested to order an election to submit to the qualified
44 voters of the City the question of the issuance of the bonds
45 provided for therein.
46 7. This Ordinance shall be in full force and effect
47 from its passage.
48 Adopted by the council of the City of Virginia Beach,
49 Virginia, on the L7th day of August, 1987.
50
51 Approved:
52
53
54
55 Mayor, City of Virginia Beach,
56 Virginia
57
58 FIRST READING: nAl,.,At
59
60 SECOND READING: -August 17, 1987
NOTE: A two-thirds (2/3) vote of Council is required for adoption.
2
- 36 -
Item IV-I.
CONSENT AGENDA ITEM # 27880
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
APPROVED in ONE MOTION Items 1, 2, 3, 4, 5, 6, 7 and 8 of the CONSENT AGENDA.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 37 -
Item IV-I.l.
CONSENT AGENDA ITEM # 27881
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance to amend and reordain Section 21-279 of
the Code of the City of Virginia Beach, pertaining
to drivers license restrictions violated.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
si @l", TUPE
DEPA@l'f@',@,NT
AP.T)ROV@l--, A@ 10 LEGAL
A
,,ND FOP.M
CITY ATTORNEY
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-279 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, PERTAINING
4 TO DRIVERS LICENSE RESTRICTIONS
5 VIOLATED
6
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 21-279 of the Code of the City of Virginia
10 Beach is hereby amended and reordained to read as follows:
11
12
13 Section 21-279. Violations of restrictions on licenses.
14
15 Any person issued an operator's or chauffeur's license
16 on which there are printed or stamped restrictions, as provided
17 by Code of Virginia, section 46.1-378, or a restricted driving
18 permit provided by a court pursuant to Code of Virginia, section
19 18.2-271.1 (bla), who operates a motor vehicle in violation of
20 such restrictions shall be guilty of a misdemeanor.
21
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on the 17th day of August 1987.
24
25 WEB/epm
26 08/04/87
27 CA-02372
28 \ordin\proposed\21-279.pro
29
30
- 38 -
Item IV-I.2.
CONSENT AGENDA TTEM # 27882
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance to transfer $62,394 for a custodial
services contract at the Central Library.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
AN ORDINANCE TO TRANSFER $62,394
FOR A CUSTODIAL SERVICES CONTRACT
AT THE CENTRAL LIBRARY
WHEREAS, tbe Department of General Services is responsible for tbe
maintenance of all public buildings, and
WHEREAS, the Central Library was originally scheduled for only six
months of operation in fiscal year 1987-88, and
WHEREAS, staff and equipment for providing cleaning services to the
Central Library were budgeted in the General Services operating budget for FY
1987-88, and
WHERFAS, General Services received a proposal from Community
Alternatives, Inc. to provide custodial services using the handicapped at the
same cost of in-house provision, and
WHERFAS, General Services wishes to contract out that service with
Community Alternatives, Inc. in lieu of providing that service in-house, and
WHEREAS, the contract cost is estimated at $42,294 for tbe first six
months of the Central Library operation, and
WHEREAS, an additional two months of cleaning services costing $20,100
will be needed due to library staff moving equipment and books in early.
NOW THEREFORE BE IT ORDAINED BY THE CTTY COUNCIL OF THE CITY OF
VIRGINIA BFACH, VIRGINIA that fund in the amount of $42,294 be transferred from
various sources with in the Department of General Services, and
BE IT FURTHER ORDAINED, that $20,100 be transferred from the Reserve
for Contingencies to the General Services Department to cover the additional two
months of custodial services.
This Ordinance shall be effective from the date of its adoption.
Adopted by the Council of tbe City of Virginia Beach, Virginia on the
17th day of August , 1987.
- 39 -
Item IV-I-3-
CONSENT AGENDA ITEM # 27883
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED upon SECOND READING:
Ordinance to accept and appropriate $165,000 from
the U.S. Department of Housing and Urban
Development for Rental Rehabilitation.
Voting: 10-0
Council Members Voting Aye;
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Requested by: Department of Housing and Communilty Development
AN ORDINANCE TO ACCEPT AND APPROPRIATE $165,000.00
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR RENTAL REHABILITATION
WHEREAS, the U.S. Department of Housing and Urban
Development (HUD) has awarded a grant of $165,000.00 for the
funding of rental housing rehabilitation; and
WHEREAS, the City of Virginia Beach has developed
a Rental Rehabilitation Program and has structured the
necessary mechanisms for implementation in compliance with
federal and local directives; and
WHEREAS, the use of these funds for rental housing
rehabilitation will increase the supply of standard rental
housing units affordable to lower income families.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF VIRGINIA BEACH, VIRGINIA:
That funding in the amount of $165,000.00 from HUD
be accepted and funds appropriated to continue Rental
Rehabilitation Program activities.
FIRST READING:- August 10, 1987
SECOND READING:- Augustl7, 1987
Adopted by the Council of the City of Virginia
Beach, Virginia on the 17th day of
1 9 8 7 .
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mary Ustick, ector City Att@ney
Department of Housing and
Community Development
- 40 -
Item IV-I.4.
CONSENT AGENDA ITEM # 27884
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED upon SECOND RFADING:
Ordinance to accept an entitlement grant from the
U.S. Department of Housing and Urban Development
and to appropriate approximately $2,160,000 for the
Virginia Beach Community Development's Thirteenth
Program Year.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
Requested by: The Department of Housing and Community
Development
AN ORDINANCE TO ACCEPT AN ENTITLEMENT GRANT
FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
AND TO APPROPRIATE FUNDING FOR
THE COMMUNITY DEVELOPMENT THIRTEENTH PROGRAM YEAR
WHEREAS, the U . S . De pa rtment of Housing and Urban
Development (HUD) has awarded a grant of $2,160,000 for the
funding of the Community Development Thirteenth Program Year, and
WHEREAS, the U.S. Department of Housing and Urban
Development has approved the Community Dev,--lopment Thirteenth
Program Year budget.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That funding from HUD be accepted and funds appropriated for
the following projects and purposes:
PROJECT BUDGET
PROJECT
AMOUNT
CAPITAL IMPROVEMENT PROJECTS ALLOCATED
Queen City Right of Way Acquisition $200,000
Seatack IIB Right of Way Acquisition $238,405
Seatack IIB Construction $475,000
Subtotal $913,405
HOUSING PROGRAMS
Housing Rehabilitation $191,356
Replacement Housing/Relocation $166,191
Last Resort Housing Loans $248,831
Code Enforcement - Demolition $ 35,000
Code Enforcenient - Housing Inspectors $ 47,728
Housing Counseling/Homesharing $ 45,561
Housing Programs Administration $172,620
Rental Rehabilitation Program Adniinistration $ 38,575
Subtotal $945,862
OTHER
Black Heritage Awareness Program $ 3,500
General Management & Ov@rsight $301,369
Section 8 Program Administration $ 22,706
Virginia Beach Community Dev. Corp. (VBCDC) $ 88,490
Contingencies $ 90,599
Subtotal $506,664
TOTAL EXPENSES $2,365,931
REVENUES: ANTICIPATED 13TH YEAR GRANT $2,160,000
PROGRAM INCOME THROUGH JUNE 1987 $ 146,027
PROGRAM INCOME JUNE 1987 THROUGH
JUNE 1988 $ 59,904
TOTAL REVENUE $2,365,931
That the appropriations will be financed by $2,160,000 in
federal funds from the U.S. Department of Housing and Urban
Development, and that appropriations will I)e financed by an
additional $205,931 in program income generated by the Department
of Housing and Community Development.
FIRST READING: August 10, 1987
SECOND READING: August 17, 1987
Adopted by the Council of the City of Virginia Beach on the
17th day of August 1987.
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
17ary@. Ustick, @ctor City Attorne@
Departm@nt of Housing and
Community Development
- 41 -
Item IV-I.5.
CONSENT AGENDA ITEM # 27885
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED upon SECOND RFADING:
Ordinance to appropriate $2,766,250 to Project #2-
075 Rosemont Road-Phase IV to fund the City's share
of costs for improvements to adjacent roadways and
facilities in connection with the Landstown Refuse
Transfer Station.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
AN ORDINANCE TO APPROPRIATE $2,766,250 TO
PROJECT #2-075 ROSEMONT ROAD-PHASE IV TO
FUND THE CITY'S S@E OF COSTS FOR IMPROVEMENTS
TO ADJACENT ROADWAYS AND FACILITIES IN
CONNECTION WITH THE REFUSE TRANSFFR STATION
WHERF.AS, on February 3, 1986 Council approved the Landstown site as the
location of the proposed Southeastern Public Service Authority (SPSA) refuse
transfer station, and
WHEREAS, the SPSA Board of Directors subsequently approved the attached
agreement for road improvements and a waste water pumping station and force main,
to serve the transfer station and other property of the city in the transfer
station vicinity, and
WHERF-AS, the City desires that SPSA undertake additional studies,
improvements, and construction not required for the use and operation of the
Transfer Station but for the use and well being of the citizens of the City, and
WHEREAS, the total project cost is estimated at $3,766,250 with SPSA
responsible for a maximum amount of $1,000,000 and the City responsible for the
remaining amount of $2,766,250 and
WHEREAS, the City's share will be financed from revenues to be received
from SPSA.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that Project # 2-075 Rosemont Road - Phase IV is hereby estab-
lished as a capital project and funds in the amount of $2,766,250 is hereby
appropriated in the capital project account to provide for the City's share of
costs in connection with the construction of the improvements for the transfer
station, and
BE IT FURTHER ORDAINED that the appropriations be offset by a corres-
ponding increase in estimated revenues in the capital project fund to reflect
expected revenues from SPSA.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
17th day of August 1987.
August 10, 1987
FIRST READING:
SECOND READING: August 17, 1987
SPSAORD
- 42 -
Item IV-I.6.
CONSENT AGENDA ITEM # 27886
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
APPROVED:
Raffle Permit: Woman's Club of Chesapeake Beach
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 43 -
Item IV-I.7.
CONSENT AGENDA ITEM # 27887
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance authorizing Tax Refunds upon application
of certain persons in the amount of $6,114-47 and
upon certification of the City Treasurer for
Payment.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
ORM NO. C.A. 7 8/3/87 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Type Ticket Exonera- Date Penalty I nt. Total
Year of Tax Number tion No. Paid
Tamara B Batte 87 pp 11019-1 62270 5/18/87 69.62
Prime Computer Inc Leasing 87 pp 137861-3 62316 6/5/87 889.62
Patrick A POwell 86 pp 243929-9 62186 5/1/87 13.02
Albert E Fields Jr 85 pp 52116-9 61927 6/5/85 39.00
Robert L Ellis Jr 86 pp 234309-8 62234 6/3/87 797.85
Leasing Systems Inc 87 pp 101400-7 62268 5/6/87 988.00
Albert E & Diane W Fields P.7 pp 55943-9 61578 6/5/87 44.04
V Virginia Davis 87 pp 42723-3 62163 6/5/87 495.90
C B & Sherry E McCaskill 87 pp 111847-7 62151 6/5/87 56.20
Perry Buick Lease Co 87 pp 133442-0 62121 6/5/87 276.45
Theophilus Laviton ' 86 pp 209433-9 62127 12/5/86 320.28
Frederico E Tolentino Jr 87 pp 171313-6 62283 6/5/87 257.45
Ford Motor Credit Co 87 pp 58449-2 62279 6/5/87 186.20
Ford Motor Credit Co 87 pp 58494-6 62278 5/26/87 154.85
Ford Motor Credit Co 87 pp 58139-7 62281 5/19/87 162.45
Ford Motor Credit Co 87 pp 58336-8 62280 5/28/87 270.75
Michael A Maciag Jr 87 pp 107035-7 62277 6/5/87 30.40
Life Savings Bank 84 RE(1/2) 23648-9 12/5/83 6.43
Life Savings Bank 84 RE(2/2) 23648-9 6/5/84 6.43
Life Savings Bank 85 RE(1/2) 25462-6 12/5/84 6.70
Life Savings Bank 85 RE(2/2) 25462-6 6/5/85 6.70
Life Savings Bank 86 RE(1/2) 27067-0 12/5/85 6.97
Life Savings Bank 86 RE(2/2) 27067-0 6/5/86 6.97
First Union Mortgage 87 RE(1/2) 92928-2 11/17/86 25.19
Cavalier Investment Co 87 RE(1/2) 17760-0 12/5/86 304.51
Cavalier Investment Co 87 RE(2/2) 17760-0 6/5/87 304.51
Norman Lee Smith 87 RE(2/2) 97338-5 4/9/87 26.22
Gemini Builders Inc 87 RE(2/2) 37340-7 6/5/87 203.32
Investors S & L Assoc 87 RE(2/2) 50482-8 6/5/87 14.04
Banc Plus Savings Assoc 84 RE(1/2) 47805-7 12/5/83 18.00
Banc Plus Savings Assoc 84 RE(2/2) 47805-7 6/5/84 18.00
Banc Plus Savings Assoc 85 RE(1/2) 50389-4 12/3/84 22.00
Banc Plus Savings Assoc 85 RE(2/2) 50389-4 6/5/85 22.00
Mutual Federal S & L 87 RE(1/2) 90431-6 12/5/86 7.20
Mutual Federal S & L 87 RE(2/2) 90431-6 6/5/87 7.20
Bruce E Cahill N/A Pkng 125812 4/6/87 25.00
Harry R Justice N/A Pkng 130229 5/5/87 25.00
Total 6,114.47
This ordinance shall be effective from date of adoption.
The above abatement(s@ totaling
$6,114.47 were approved by
the Council of the City of Virginia
Beach on the 17 day of - August
Approved as to form:
Ruth Hodges Smith
City Clerk
@il ffle Bim@n-@ City Attorney
- 44 -
Item IV-I.8.
CONSENT AGENDA ITEM # 27888
Upon motion by Councilman Balko, seconded by Councilman Fentress, City Council
ADOPTED:
Ordinance authorizing License Refunds upon
application of certain persons in the amount of
$7,574.69 and upon certification of the
Commissioner of Revenue.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
FORM NO. CA. 8 REV. 3M
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty Int. Total
Year Paid
Bill R Bailey
T/A Bailey Bill R Paint Co
8241 Wedgewood Dr
Norfolk, VA 23518 1986 Audit 23.69 23.69
Commercial Structures Inc
117 Landmark Square #201
Va Beach, VA 23452 1985-86 Audit 5,215.22 5,215.22
CPU Fix Inc
T/A Computer Business Systems
4841 Princess Anne Rd
Va Beach, VA 23462 1986 Audit 23.64 23.64
Certified as to Payment:
R&-ert P. Vaughan
Commissioner of the Revenue
Approved as to form:
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $5,262.55 were approved by the Council
of the City of Virginia Beach on the 17th day of A,,g,,@qt, 19 q7
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV. 3'W
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
Reynaldo Diaz
T/A Diaz & Associates
6064 Indian River Rd #201
Va Beach, VA 23464 1986 Audit 115.00 115.00
E & G Rentals Inc
T/A E & G Rentals/Ads Spec
968 Laskin Rd
Va Beach, VA 23451 1984-86 Audit 142.07 142.07
G Iq Printinq Co Inc
T/A G W Printincj Co Inc
5291 Greenwich Rd #4
Va Beach, VA 23462 1986 Audit 201.30 201.30
Certified as to Payment:
@rt P. Vaughan
Commissioner of the Revenue
rm:
Iv I it@ltq
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $49R.'37 were approved by the Council
of the City of Virginia Beach on the 17th day of Aua@t 19 87
Ruth Hodges Smith
City Clerk
FORM NO. CA. 8 REV, 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty lnt. Total
Year Paid
Glass Washer Inc
T/A DBK Distributor
1245 Laskin Rd #A-3
Va Beach, VA 23451 1985-86 Audit 33.59 33.59
Graphic Cats Inc
T/A Graphic Cats Inc
5291 Greenwich Rd
Va Beach, VA 23462 1985-86 Audit 817.28 B17.28
Mary Ellen Hill
1728 Styrin Lane
Va Beach, VA 23464 1986 Audit 13.20 13.20
Certified as to Payment:
,z
R&ert P. Vaughan
Commissioner of the Revenue
jkpproved as to form.
a e Bimson
@xl-.ity Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling S 8 6 4 - 07 were approved by the Council
of the City of Virginia Beach on the day of Auaust .19 87
Ruth Hodges Smith
City Clerk
FORM NO. C.A. 8 REV, 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME License Date Base Penalty lnt. Total
Year Paid
JVC Development Inc
209 59th Street
Va Beach, VA 23451 1985-86 Audit 800.00 800.00
Ken Reid Inc
5713 Thurston Ave
Va Beach, VA 23455 1984-85 Audit 59.66 59.66
Arno H Laux
Paul Davis System of Hampton Roads
956 Larkaway Ct
Va Beach, vA 23464 1985-86 Audit 22.29 22.29
Certified as to Payment:
Rt6ert P. Vaugh-an
Commissioner of the Revenue
Approved as to rm:
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $8 8 1 9 5 were approved by the Council
of the City of Virginia Beach on the 17th day of August 19 97
Ruth Hodges Smith
City Clerk
FOfiM NO. C.k 8 REV. 3186
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME Ucense Date Base Penalty lnt. Total
Year Paid
Charles Lund
T/A Abes Alternator & Starter Service
1776 Virginia Beach Blvd
Va Beach, VA 23454 1986 Audit 17.96 17.96
Donald E Moore Jr
T/A Systematic Educational Application
2126 Sandlewood Rd
V;i Beach, VA 23451 1985-86 Audit 40.00 40.00
Roy E Willman Jr
T/A Hilltop Printing
932 Bingham Street
Va Beach, VA 23451 1985-86 Audit 49.79 49.79
Certified as to Payment:
Robert P. Vaughan
Commissioner of the Revenue
Approved as to rm:
This ordinance shall be effective from date of
adoption.
Theaboveabatement(s)totaling $107.75 were approved by the Council
of the City of Virginia Beach on the h day of August 19 87
Ruth Hodges Smith
City Clerk
- 45 -
Item IV-K.1
APPOINTMENTS ITEM # 27889
Upon NOMINATION by Councilman fleischober, City Council APPOINTED to the BOND
REFERNDUM COMMITTEE:
William A. Schlimgen
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 46 -
Item IV-K.2.
APPOINTMENTS ITEM # 27890
City Council CONFIRMED APPOINTMENTS to the COMMUNITY CORRFCTIONS RESOURCE
BOARD:
Billy A. Franklin (Mayor)
Reeves Johnson (mayor)
John L. Perry (Circuit Court)
Michael R. Rucker (Circuit Curt)
Richard Taylor (Sheriff)
(For a two (2) year term - September 1, 1987 - August 31, 1989)
- 47 -
Item IV-K-3-
APPOINTMENTS ITEM # 27891
Upon NOMINATION by Councilman Fentress, City Council APPOINTED to the
DEVELOPMENT AUTHORITY:
Van H. Cunningham
Clenton W. Shanks
(For a four (4) year term - September 1, 1987 - August 31, 1991)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Hobert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 48 -
Item IV-K-3/4/5/6
APPOINTMENTS ITEM # 27892
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
DISASTER GROUP
HAMPTON ROADS AIR POLLUTION CONTROL DISTRICT COMMISSION
MOSQUITO CONTROL COMMISSION
PUBLIC LIBRARY BOARD
- 49 -
Item IV-K.7.
APPOINTMENTS ITEM # 27893
Upon NOMINATION by Councilwoman Parker, City Council RKAPPOINTED to the
WETLANDS BOARD:
Edward A. Barco
(For a five (5) year term - September 18, 1987 - September 30, 1992)
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, John D. Moss, Vice Mayor Meyera E. Oberndorf,
Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Reba S. McClanan
- 50 -
Item IV-K.1
NEW BUSINESS
ADD-ON ITEM # 27894
Councilman Moss referenced:
Resolution Providing for a Referendum on the
Question of whether the General Assembly should be
requested to Amend the Charter of the City of
Virginia Beach to provide for the Direct Election
of the School Board and to Grant the School Board
Limited Taxing Authority.
(Said copy is hereby made a part of the record.) The wording of the QUESTION
for the Ballot was included in Paragraph Two (2) of the aforementioned:
Should the City Council of the City of Virginia
Beach request the General Assembly of Virginia to
amend the City's Charter so as to provide that
members of the School Board shall be elected by the
voters of the City and that the School Board be
granted limited taxing authority.
Councilman Moss requested the Council Members contact him or Assistant City
Attorney Fentress relative their suggestions prior to the City Council
Meeting of August 24, 1987.
Councilman Moss advised in meeting with Councilwoman McClanan, they basically
summarized the proposal regarding the Election of the School Board, which
were closer to the way the City Council is elected. The issues of bonding
authority and taxation are also addressed.
- 51 -
Item IV-L.1
NEW BUSINESS ITEM # 27895
ADD-ON
Councilman Balko advised on October 20, 1986, the Mayor appointed the
PLANNING REVIEW PROCESS COMMITTEE to review and evaluate the effectiveness of
procedures, the revisions made and what reception was received by effected
parties. The Committee ws composed of Richard Browner, Planner; F. Don Reid,
Planning Commissioner and himself, the Chairman.
Councilman Balkols report is hereby made a part of the proceedings.
Cit@ cDf NTilr"i@i@
August 17, 1987
ALBERT W. BALKO 2517 INLYNNVIEW ROAD
COUNCILMAN VIRGINIA BEACH, VIRGINIA 23454
LYNNH"EN BOROUGH (804) 481-2345
Honocable Mayor
Members of City Council
On October 20, 1986, the Mayor appointed the PLANNING REVIEW PROCESS
COMMITTEE to review and evaluate the effectiveness of pcoceduces, the
cevisions made and what reception was ceceived by effected parties. The
Committee was composed of Richacd Browner,, Planner; F. Don Reid, Planning
Commissioner; and, the wciter, Chairman.
Many, many cevisions were reviewed, both on pcivate propecty and within
other cities. It was our goal to shorten the pcocess, but not jeopardize the
quality. It behooves us in today's atmosphece to tcy to increase effectiveness
to lower cost, because the net cesult will be that we are in a competitive
situation wit@ other municipalities. The process not only applies to the
commercial and industrial development, but to the residential as well. We met
with nl-unecous members of the developrnent comunity as well as consulting
engineers and the developrnent review group. Not only did they voice their
concecns, they had many positive things to say about the process. The feeling
is they 'will do whatever is necessacy to help in the develoixnent ceview
process.
Attached is the PLANNING REVIEW PROCESS COMMITTEE's ceport which I
believe will be beneficial not only to the City@ but to all segments of the
community with a need to be involved in the pcocess.
Throughout this review, the Deputy City Manager, Aubrey Watts, has been
most cooperative, ceadily available upon shoct noti6e and acconinodating to
coocdinate with other agencies. No concern oc pcoblem has been too critical
for his expertise and obvious budgetary constraints have been weighed
carefully and resolved to the best interest of all concecned. The Committee
is most grateful for this assistance and pacticipation.
Respectfully,
Albert W. Balko
cc: Thomas H. Muehlenbeck, City Managec
Aubrey Watts, Deputy city Manager
F. Don Reid, Planning Commissionec
Richard Browrier, Planner
8/17/87
MAYOR'S DEVELOPMMT REVIEW COMUTTEE REPORT
on October 20, 1986, Mayor Robert G. Jones appointed a
committee to evaluate the effectiveness of the Planning Review
Process and to recommend any appropriate modifications to the
current procedures. The Committee composed of Councilman Albert
Balko Chair, Planning Commissioner F. D. Reid, and Richard
Browner met with Deputy City Manager for Development, Aubrey V.
Watts, Jr. to review current processing requirements for
preliminary and final subdivision plats, site plans, construction
plans and waterfront modifications. In order to convey the
process, representatives from the Departments of Public
Utilities, Planning, Permits and Inspections, Public Works and
Law met with the committee on separate occasions to explain
procedures relative to their respective departments. This
comprehensive survey enabled the Committee to objectively pursue
their task of evaluating current procedures.
Upon completion of the review, the Cormnittee requested
comments on specific areas of interest which will be addressed in
the following document on an item-by-item basis.
1. Comment/Suggestion: The City Engineer, Donald R. Trueblood,
holds quarterly meetings with development consultants.
Would it be possible for these meetings to occur more
frequently, possibly on a bimonthly basis?
1
Response: The staff concurs with the suggestion of bi-
monthly meetings. These meetings reflect the City's effort
to be available to respond to concerns of the development
community. In addition, participants find these meetings a
productive exchange of information. only a limited number
of consultants participate in the current meetings.
Possibly a coordinated effort by the City and the
development industry could encourage a more active
participation. To encourage improved communications between
staff, consultants, and developers, written notification of
policy and procedure changes will be provided to the
development industry.
2. Comment/Request: The Committee requested a list of legal
documents which are related to the development review
process.
Response: Attached for review is a list prepared by the
Department of Public Works (see Appendix A). The City
Attorney has advised that one additional staff attorney or
paralegal will be necessary to meet the expanding C.I.P. and
development review needs (see Appendix B).
3. Comment/Request: The Cormnittee requested comments on
conditional use permits for churches.
Response: The Planning Department responded by memorandum
and their comments are attached for review (see Appendix C).
2
In summary, they do not favor removing churches from the
allowed conditional use permit process.
4. Comment/Suggestion: The Committee suggested the use of
blanket bonds for erosion and sedimentation control.
Response: The Public Works Business Office Administrator
and the City Attorney's office have investigated the
possibility of utilizing blanket bonds for erosion and
sedimentation control rather than specific bonds for each
site (see Appendix D). They agree that this may be an
acceptable method and in addition may offer the City some
administrative advantages. In their opinion, the major
impediment is wording the bonds in a manner that is
acceptable to both the City and bonding companies. They
request any assistance the development industry can offer to
derive a mutually acceptable format.
5. Comment/Sug ion.- To develop a single manuscript that
would provide procedures, code references, and standards
utilized by all the city agencies in the development review
process.
Response: It would be extremely difficult to consolidate
the above referenced information into a document of
manageable size due to the detail necessary to adequately
illustrate procedures and address engineering concerns that
are unique to each city agency. Steps will be taken to
3
standardize departmental manuals to provide for a consistent
format. It may be appropriate for the development community
to assist in the funding of a staff position to expedite
accomplishment of this task.
6. Comment/Request: The Conunittee requested information on a
"cost of service feel, for the development review process.
Response: The Office of Research and Strategic Analysis has
conducted a study of the costs associated with the
development review process and anticipates a draft report by
September 1, 1987.
7. comment/suggestion: The Committee suggested the possibility
of merging some of the inspection services to reduce the
demand of inspection by multiple agencies.
Response: The Deputy City Manager and development staff
will review the inspection agencies' procedures to identify
and implement appropriate changes. It is not anticipated
that any major changes will be made due to the variety of
laws and level of expert knowledge necessary to interpret
and provide code and standards enforcement. The efficiency
and effectiveness of the inspection agencies is imperative
to ensure the reliability of service the City is committed
to provide for its citizens. Training sessions will be
provided for all development inspectors to consolidate
inspections activities where appropriate, to reduce multiple
4
agency trips to construction sites.
8. Comment/Suggestion: The Committee suggested a civil
engineer be assigned as a central contact to guide citizens
through the development review process. This individual
should be located on the first floor near the Planning
Department creating the role of a liaison between the
citizens and city agencies.
Response: The current engineering staff is stretched to
handle the day-to-day operations of the development review
process. In order to implement this concept, it would be
necessary to request an additional staff position,
preferably a Civil Engineer II, to provide for an
experienced engineer familiar with the development review
process. An alternative to this approach would be to
establish a central contact ombudsman within each
development department. The departmental ombudsman would be
responsible for relaying problems belonging to another
development department to the appropriate departmental
ombudsman to ensure proper, accurate and timely action. To
implement this concept, it would be the responsibility of
each departmental ombudsman to be generally familiar with
the roles and responsibilities of each development
department and specifically familiar with the roles and
responsibilities of his department. The designated
departmental ombudsman would participate in the biweekly
5
Development Review Committee meetings to ensure development
review coordination, enhance interdepartmental
communication, and provide for an exchange of development
related information.
9. Comment/Suggestion: The Committee suggested mail boxes be
provided for consultants and developers in the City Hall
building or Operations building to create a "one stop"
location for the development community.
Response: Mail boxes could be provided for and appropriate
charges made for their annual rental to recover the cost of
construction and maintenance of the service. The General
Services Department will be reallocating space within the
Operations Building and performing construction alterations
in the near future. It would be cost effective to consider
this alternative at that time.
10. Comment/Request: The committee requested the Deputy City
Manager act as a coordinator of development review and refer
developers to the appropriate departments. He should be
available to meet when needed to resolve conflicts between
departmental review comments.
Response: When the Deputy City Manager receives phone calls
from developers in regard to conflicts, he requests the
caller contact the appropriate department head. If there is
conflict among city agencies and department heads are unable
6
to resolve, the Deputy City manager will intervene.
11. Comment/Request: The Committee requested the development
staff conduct presentations conveying procedures and
processes, relative to their respective departments, to
appropriate interest groups. it was felt that these
presentations provided a meaningful information exchange for
the committee and should be shared with the development
community.
Response: The staff would be pleased to provide these
presentations and will explore possibilities of video taping
major segments.
The Committee has received support from the development
community and city staff as they have reviewed current procedures
involved in the development review process. It is apparent from
discussions and presentations that the process is being
administered in a cost effective manner. Whereas there may be
concerns about the length of time, multiple steps and the number
of agencies involved in the development review process, a
detailed review has demonstrated their necessity. The City must
fulfill its responsibility and not oversimplify the development
review process in order to protect purchasers and minimize
infrastructure deficiencies or conflicts that would place a
profound future financial burden on all citizens. When the
7
office of Research and Strategic Analysis completes their fee
study report, it may be appropriate to consider implementing a
new fee structure.
Respectfully submitted,
The Honorable Albert W. j3alko
F. Donald Reid
(a, @ @ & -
Richard S. Browner
LAC/ekb
8
m NO. P.S. I
APPENDIX A
INTER-OFFICE CORRE SPONDENCE
DATE. MARCH 25 1111
DEPARTMENT: EXECUTIVE
TO: AUBREY V. WATT JR. ' -"-- i
FROM: PHILLIP A. DAVENPO DEPARTMEt4T- PW/BUSINESS U@tiUL
SUBJECT: LEGAL DOCUMENTS IN REVIEW PROCESS
nts which are related to
You recently asked that I assemble a list of legal docume commonly reviewed
the review process. The following is a listdbf legaI documents ilities was
by Public Works and Planning. Jeff Waller a vised me that Public Ut
subinitting a separate response to you.
1) Deferral A reements - Defer installation of improvements until some future
Zate or occurrence.
ation - Preserve right-of-way on major roadways for future
2) -Aqreements
The agreement also prevents the City from having to
pay for improvements installed in the reserved area.
ton A reements
ti.
3) a a eements - Delineate responsibilities of developers and
g cn struc
t'c'
f improvements. These agreements are n
0 t P r
'ty regardn f it i r., " 0 ormally
elated t. .f p ements.
4) Subdi s - Bind developers to construct improvements and develop
roperty in accordance with the policies and ordinances of the City.
5). ncroaclmen A ree t - Allows developer to install improvements within the
t m"nt
City s rights_of_,ay and/or easements.
on
6) eeds of i Dedicate right-of-way and/or easements required as a
led icat'
r S, t , generat on
e of needs by development.
7) Deedsof Easement - Secure drainage and/or utility easements required as a
resu t Of generation of needs by development.
The normal review time by the City Attorney's Office averages approximately two
weeks. This does not in@lude other staff review time and/or preparation and
resubmittal time by the developers.
p
Busines,s Offi
dyj
PC: C. Oral Lambert, Jr.
Jeff Waller
Charlie Hassen
Jim Lawson
Donald Trueblood
APPENDIX B
MUNICIPAL CENTER
J. DALE BIMSON VTRGINIA BEACH, VIRGINIA 23456-9002
CITY ATTORNEY J004) 427-4531
l@ Rply Rfer To our File No. N/A
July 1, 1987
The Honorable Alfred W. Balko
Councilman for the City Of
Virginia Beach, Virginia
Municipal Center
Virginia Beach, Virginia 23456
Dear Councilman Balko:
Pursuant to your request, I am pleased to provide you with
my assessment of the needs of my office to facilitate and
accelerate the document review process.
In most, if not all situations, all doc-ents delineating
the City's responsibilities regarding city projects and which
bind other parties tb specified commitments are forwarded to this
office for review and further processlng- These documents are in
the form of deferral agreements, reservation agreements,
encroachment agreements, deeds of dedication, deeds of easement,
and miscellaneous contracts.
It is projected that the number of real estate acquisitions
for City road projects alone will increase from an average of 300
a year to 450 a year, an increase of fifty (50%) percent. Aside
from highways, a corresponding increase prevails in all other
areas of activity, i.e. schools and municipal complex expansion.
Effective July 1, 1987, thirty-nine (39) City projects will be
administered and managed by an outside management engineering
firm; the expense of which will be charged to the projects. The
cost of these projects total $248,000,000. Also, other projects
not yet begun will be assigned to the consulting management
engineer. All of the condemnation action generated by these
thirty-nine (39) projects will be initiated and pursued by this
office.
Councilman Balko -2- July 1, 1987
Therefore, to meet the increased demand and the time delays
that will occur for legal services being generated by the
accelerated capital improvement projects, in my opinion, one
additional attorney or an experienced paralegal should be added
to the legal staff. Such an individual could be assigned to work
primarily on and focus on capital improvement programs to ensure
proper review and timely response to requests for legal services.
The salary and other expenses, such as providing office space and
equipment for such an individual, could be a valid charge to the
related project(s). To be effective and efficient, the
individual should be centralized with the present legal staff. I
am confident that the addition of such an individual to the legal
staff would benefit all parties concerned and would expedite the
processing and reviewing of all documents and legal inquiries.
I thank you for your concern and an opportunity to provide
you with my thoughts on this matter. Providing effective and
efficient legal service is very important to me and my staff and
I can assure you that our efforts are directed to that end.
Should you have any questions regarding the above, I will be
more than happy to respond.
Very truly yours,
mson
City Attorney
JDB/JAR/ih
RM .0. 10
APPENDIX C
Cit@C>f -Viirggi@iel
INTER-OFFICE CORRESPONDENCE
DATE: March 19, 1987
TO: Aubrey V. Watts DEPART14ENT: Executive
FROM: Charles G. Hassen DEPARTMENT: Planning
suBJECT: Conditional Use Permits for Chur.ches
In response to your request regardfng church additions and churches
In general and the requirement for a conditional use permit, I discussed
the topic with Bob Scott and have the followtng to report.
if there is a problem assoclated wlth use pomits and churches, It
should be properly Identified and solutions offered. Removing churches
from the allowed conditional use may be a stop that we wil I regret in
the future. it Is usual ly much more diff lcult to relnstate a requirement
after It has been removed. The City of Hampton Is attempting to require
churches to obtain use permits. This change Is being met with a great
deal of opposltion..
The main point to keep in mlnd Is that use permits for churches
cover the smal I addition to a rural church on West Neck Road to the
Rock Church f ac I I I ty on I nd I an R lver Road to the very I arge church
located In the urban area of the City. Once again, the ldentiftcation
of the exact problem Is Important. Any change to this section of the
code will require a Planning Cornmission and City Council public hearing.
Please let me know If yod wlsh further Infomation regarding this
topic.
dca
NO. P.S- I
APPENDIX D
INTER-OFFICE CORRESPONDENCE
t 1987
DEP RTMENT-
TO. AUBREY ICE
FR(IM- PHII
JECI-.- BLANKFT BONDS F, SEDIMENTATION CONTROL
cefitlY asked.me to investiaate the possibility of utilizing
You had re rol rather than
blanket bonds for erosion and sedimentation cont I have discussed
h site. JaY Richardson and ethod.
specific bonds for eac th feel that this may be an acceptable m
this matter, and we bo word the bonds in a manner that is
However, it may not be possible to ding companies. if the wording
acceptable to both the CitY and the bo ommend blanket bonds. Any
both Jay and I would rec
can be resolved, his regard would be appreciated.
help the developers Can offer in t any other localities are using
o determine if
Also, I will attempt t .de assistance.
blanket bonds and if they can provi
Pili
Busi dministrator
dyi
PC: Jay A. Richardson
C. Oral Lambert, Jr.
- 52 -
Item IV-M.
ADJOURNMENT ITEM # 27896
Upon motion by Vice Mayor Oberndorf and BY ACCLAMATION, City Council ADJOURNED
the Meeting at 8:05 P.M-
Bever@ 0. Hooks
Chief Deputy City Clerk
uth Hdg. Smith, C14C
City Clerk
City of Virginia Beach
Virginia