SEPTEMBER 3, 1991 MINUTES
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
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CITY COUNCIL AGENDA
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SEPTEMBER 3, 1991
ITEM 1. FORMAL SESSION - Council Chamber 2:00 PM
A. CALL TO ORDER Mayor Meyera E. Oberndort
B. INVOCATION: E. E. Thieman, D.D.
Chaplain
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECLJTIVE SESSION
F. MINUTES
1. SPECIAL SESSION - August 26, 1991
2. INFORMAL & FORMAL SESSION - August 27, 1991
G. RESOLUTION/ORDINANCES
1. Resolution providing a Multiple Option Group Health Insurance Plan
to full-time permanent City employees; and, authorize the City
Manager to enter Into an agreement with Travelers Health Network,
effective 1 January 1992.
2. Resolution authorizing the City Manager to enter into a contract
with Legal Resources of Virginia to make available, through payroli
deduction, pre-pald legal services to City employees, effective
1 January 1992.
3. Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
a. Article 2, ADDING Section 233.1 re eating and drinking
establishments serving alcoholic beverages
b. Sections 203, 901, 1001, 1511 and 1521 re certain eating and
drinking establishments
Deferred: August 13, 1991
H. CONSENT AGENDA
AII matters I isted under the Consent Agenda are cons !dered In the
ordl nary course of bus iness by Clty CouncII and wi II be enacted by
one motion in the form listed. If an item Is removed from the Consent
Agenda, it will be discussed and voted upon separately.
1. Resolution directing the Planning Commission study an amendment to
Section 16 of the Stormwater Management Ordinance re incorporation
ot the Southern Watersheds Management ordinance and make its
recommendation to City Council within ninety (90) days.
2. Resolutions requesting the Virginia Department of Transportation
establish an urban system highway project for improvement and
construction of the followlng:
a. Birdneck Road from Southern Boulevard to General Booth
Boulevard, a distance of approximately 2.5 miles (Birdneck Road
Phase 11 CIP 2-149)
b. Ferrell Parkway from General Booth Boulevard to Sandfiddler
Road, a distance of approximately 3.6 miles (Ferrell Parkway
Phase Vi and VII CIP 2-150)
c. Kempsville Road trom the WCL to Centerville Turnpike, a
distance of approximately 1.0 mile (Kempsville Road Phase Ill
(CIP 2-139)
d. London Bridge Road from International Parkway to Route 44, a
distance of approximately 2.5 miles (Great Neck Road Phase IV
and London Bridge Road Phase Ill CIP 2-137)
3. Ordinances to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia:
a. Section 2-187 re appropriations ordinances/resolutions
b. Sections 4-87 and 4-87.1 re bingo and raftle permits
c. Chapter 23 by ADDING Section 23-11.2 re assault and battery
against family or household members
4. Ordinance authorizing the Clty Manager to execute an agreement with
the Virginia Beach School Board re participation in the design
and construction of roadway and drainage facilities for
Landstown Elementary and Middle Schools and the expansion of
Princess Anne Park.
5. Ordinance to AMEND the Sixteenth Year 1990-1991 Community
Development Block Grant Flnal Statement.
6. Ordinance, upon SECOND READING, to APPROPRIATE $445,097 frorn
various revenue sources to the General Fund Reserve for FY 1991-
1992; and, total appropriation be otfset by $445,097 increase In
estimated revenues.
7. Ordinance, upon FIRST READING, to APPROPRIATE $267,435 to the
Department of Social Services; and, TRANSFER $66,859 from FY 1991-
1992 Reserve for Contingencies re funding eight positions and
various operating supplies that food stamps shall be processed in a
timely manner.
8. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE a $79,949
Federal Block Grant to the Department of Mental Health, Mental
Retardation and Substance Abuse and Increase departmental positions
by 2.25 FTE's re perinatal substance abuse.
9. Ordinance, upon FIRST READING, to ACCEPT and APPROPRIATE a $16,789
Grant to the Department of Mental Health, Mental Retardation and
Substance Abuse from the Knights of Virginia Assistance for the
Retarded (KOVAR) re Adult Day Program.
10. Ordinance, upon FIRST READING, to APPROPRIATE $16,000 from the
Virginia Beach Library Gift Fund to the Library Department's
FY 1991-1992 General Fund Budget re purchase of library materials.
11. Ordinance to TRANSFER $466,000 to Landstown municipal property
(CIP 6-004) re sanitary sewer improvements In the Landstown area;
and, AWARD the following construction contracts:
CONTRACT A Womack Grading, Inc. $566,437
CONTRACT B B. L. Jones, Inc. $236,000
12. Ordinance to TRANSFER $75,000 from Project 2-606 Seatack Street
Improvements Phase I to Project 2-980 Seatack Streets Phase IIA re
anticipated additional expenses associated with completion of that
project.
13. LOW BID:
SUBURBAN GRADING AND Resort Streetscape $3,236,529.16
UTILITIES, INC. Improvements
Section 3, Phase 2
(CIPs 2-049, 2-066,
5-966, 6-925)
14. Ordinance authorizing tax refunds in the amount of $26,288.70.
1. UNFINISHED BUSINESS
J. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS;
a. Resolution referring to the Planning Commission a proposed
amendment to Section 211 of the City Zoning Ordinance
re temporary signs.
Sponsored by: Vice Mayor Robert E. Fentress
b. Ordinance to AMEND and REORDAIN Section 6-114 of the Code of
the City of Virginia Beach re beaches, boats and waterways.
Sponsored by: Councilman James W. Brazier, Jr.
K. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED
SEPTEMBER 17, 1991 Formal Session 2:00 PM
(Submission of Proposed CIP)
SEPTEMBER 24, 1991 Formal Session 6:00 PM
(CIP Workshop #I)
SEPTEMBER 26, 1991 CIP Public Hearing 7:00 PM
(Princess Anne High School)
OCTOBER 15, 1991 Formal Session 2:00 PM
(CIP Workshop #2)
OCTOBER 22, 1991 Formal Session 6:00 PM
(CIP Workshop #3/Reconciliation)
OCTOBER 29, 1991 Formal Session 2:00 PM
NOVEMBER 5, 1991 Formal Session 2:00 PM
NOVEMBER 12, 1991 Formal Session 2:00 PM
(CIP Public Hearing & First Reading)
NOVEMBER 26, 1991 Formal Session 6:00 PM
(CIP Second Reading)
DECEMBER 3, 1991 Formal Session 2:00 PM
DECEMBER 10, 1991 Formal Sesslon 2:00 PM
DECEMBER 17, 1991 Formal Session 2:00 PM
8/28/91 mim
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
September 3, 1991
Mayor Meyera E. Oberndorf called to order the F'ORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday,
September 3, 1991, at 2:00 P.M.
Council Members Present:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Reverend William M. Shelton, D.D.
Wycliff Presbyterian Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
2
Item I.D.
ADD-ON ITEM # 34851
Mayor Oberndorf acknowledged two "Good Samaritans" who gave their lives while
assisting others in an automobile accident.
Auxiliary Police Officer George Starr
Joy Compton
Mayor Oberndorf expressed her admiration for the unselfish actions of these
young adults. Officer George Starr was only twenty-five years old. He was also
a member of the United States Navy and onroute home from duty as a Virginia
Beach Police Auxiliary Officer when he saw the accident, stopped on the west
bound lane, went over the barrier to assist those injured and was killed by
another oncoming vehicle. Along with Officer Starr, a young woman, Joy
Compton, lost her life. Mayor Oberndorf paid tribute to these extraordinary
young citizens.
The City Council paused for a MOMENT OF SILENCE in MEMORIAM to these two very
great and valiant citizens.
- 3 -
Item I-E.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM # 34852
CERTIFICATION was not necessary as no EXECUTIVE SESSION was held.
4
Item I-F.1/2
MINUTES ITEM # 34853
Upo. motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council APPROVED the Minutes of the SPECIAL SESSION of August 26, 1991, and
INFORMAL AND FORMAL SESSIONS of August 27, 1991.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
5
Item I-G. I
RESOLUTIONS/ORDINANCES ITEM # 34854
Upon motion by Vice Dlayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED, AS AMENDED:
Resolution providing a Multiple Option Group Health
Insurance Plan to full-time permanent City
employees; and, authorized the City Manager to
enter into an agreement with Travelers Health
Network, effective 1 January 1992.
City's contribution shall be increased by $5 per month for a total of $120 per
enrolled employee.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
@IcClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Brazier's letter of August 30, 1991, is
hereby made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer in a position in the Sheriff's Office. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Lanteigne's letter of August 30, 1991, is
hereby made a part of the record.
1 A RESOLUTION TO PROVIDE A MULTIPLE
2 OPTION GROUP HEALTH INSURANCE PLAN
3 TO FULL-TIME PERMANENT CITY
4 EMPLOYEES
5 WHEREAS, the Mayor and the Council Members desire to
6 provide health insurance coverage to certain City employees and
7 their families;
8 WHEREAS, on July 15, 1991 three proposals were submitted
9 to provide a multiple option insurance plan for City employees;
10 WHEREAS, a health insurance evaluation committee has
11 reviewed the proposals and indicates that the most advantageous
12 proposal to provide health insurance coverage to the City was
13 Travelers Health Network;
14 WHEREAS, the Department of Human Resources has
15 researched multiple option health insurance plans and recommends
16 this type of health insurance coverage as part of the City's
17 benefit package for City employees;
18 WHEREAS, the costs associated with plan implementation
19 will be borne by Travelers Health Network;
20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA, that the City Manager is hereby
22 authorized to enter into an agreement with Travelers Health
23 Network to provide for the health insurance coverage of eligible
24 City employees and their families which will be effective on
25 January 1, 1992.
26 BE IT FURTHER RESOLVED, that the employer participation
27 is increased by $5 per month for a total of $120 for each enrolled
28 employee and the City Manager is authorized to make transfers of
29 funds within existing appropriations to each of the department
30 budgets as needed for this increase.
31 Resolved by the Council of the City of Virginia Beach,
32 Virginia, on the 3rd day of Septeinber, 1991.
33 CA-4411
34 T:\ORDIN\NONCODE\HEALTH.RES
6
Item I-G.2
RESOLUTIONS/ORDINANCES ITEM 34855
Upon motion by Councilman Heischober, seconded by Vice Mayor Fentress, CitY
Council ADOPTED:
Resolution authorizing the City Manager to enter
into a contract with Legal Resources of Virginia to
make available, through payroll deduction, pre-pald
legal services to City employees, effective
1 January 1992.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan*,
Mayor Meyera E. Oberndorf, Nancy K. Parker and William
D. Sessoms, Jr.
Council Members Voting Nay:
Louis R. Jones
Council Members Absent:
None
*Councilman Brazier DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of
Virginia, he was currently employed by the City of Virginia Beach as a police
officer in a position in the Commonwealth Attorney's Office. Councilman Brazier
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Brazier's letter of August 30, 1991, is
hereby made a part of the record.
*Councilman Lanteigne DISCLOSED pursuant to Section 2.1-639.14(G) of the Code
of Virginia, he was currently employed by the City of Virginia Beach as a
police officer In a position in the Sheriff's Otfice. Councilman Lanteigne
declared he was able to participate in the transaction fairly, objectively and
in the public interest. Councilman Lanteigne's letter of August 30, 1991, is
hereby made a part of the record.
*Councilwoman McCianan DISCLOSED her husband is a solo practitioner but after
discussing with the City Attorney has been advised this was not a Conflict.
Cit@@f Nrijrg4i@i"
JAMES W BR@ER, JR 32W LYNNHAVEN DRIVE, #302
COUNCILMAN LYNNI@VEN BOROUGH VIRGINIA BEACH. VIRGINIA 23@@
(804) @81 @O
August 30, 1991
Mrs. Ruth Hodges Snlith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transactions for which I am executing this written disclosure are the City
Council discussion and vote on a resolution to provide a multiple-option group
health insurance plan to full-time permanent City employees and a resolution
authorizing the City Manager to enter into a contract with Legal Resources
of Virginia to make pre-paid legal services available to City employees.
2. I am currently employed by the City of Virginia Beach as a police officer in
a posifion in the Commonwealth Attomey's Office.
3. As a City employee, I am a member of a group, ie., City employees, the
members of which are affected by the transactions.
4. 1 wish to disclose this interest and declare diat I am able to participate in the
transactions fairly, objectively, and in the public interest as a member of a
group, the members of which are affected by the transactions.
Mrs. Ruth Hodges Smith -2- August 30, 1991
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Accordingly, I respectfully request diat you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from I-eslie L. Lilley, CitY
Attomey, which addresses diis same matter.
Thank you for your assistance and cooperation in diis matter.
Sincerely,
,games W. Brazier, Jr.
Councilman
JWBjr/clb
Enclosure
LESLIEL LILLEY MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BE@CH V. 23@56-NO4
(8N) @27-@l
FAX (@) @26-@7
August 30, 1991
Councilman Jarnes W. Brazier, Jr.
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Brazier:
I ain wtiting in response to your request for an opinion as to whether you may
participate in the City Council discussion and vote on a resolution to provide a multiple-
option group health insurance plan to fuu-time pennanent City employees and a resolution
authorizing the City Manager to enter into a contract with Legal Resources of Virginia to
make pre-paid legal services available to City employees. The resolutions are scheduled for
consideration at the September 3, 1991, meeting of the City Council.
SUMMARY CONCLUSION-
I am of the opinion diat since the Conflict of Interests Act does not anticipate the
personal interests of a legislator-employee regarding the tmsactions before a public body,
you do not have a personal interest in the transactions as defined by the Act. Thus, you are
permitted to participate in diese matters without restriction. Notwidistanding this
conclusion, I have previously advised you by letter of July 2, i990 to forow the dictates
of the Act in cases in which you wiu realize a reasonably foreseeable direct or indirect
benefit or liability.
The facts herein indicate that it is reasonably foreseeable diat you may realize a
financial benefit or liability, depending upon the decisions made by the Council regarding
the aforementioned health insurance and pre-paid legal services resolu6ons. However, you
are a member of a group which is affected by the transactions, ie., afl City employees and,
therefore, pursuant to the Act, you may participate in the discussion and vote on the
Councilman James W. B-ier, Jr. -2- August 30, 1991
Re: Request for Conflict of Interests Act Opinion
resolutions upon disclosure and a determination by you that you can participate fairly,
objectively, and in the public interest. For your information I have outhned the disclosure
requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and
vote; I have also set forth the applicable provisions for abstention set forth in SS 2.1-
639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the fouowing facts which you have presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are coffect and complete.
FACTS PRESENTED'
Your request for an advisory opinion is generated by the City Council discussion and
vote on a resolution to provide a multiple-option group health insurance plan to fuu-tiine
permanent City employees and a resolution authorizing the City Manager to enter into a
contract with Legal Resources of Virginia to make Pre-Paid legal services available to CitY
employees. The health insurance resolution would authorize the City Manager to enter into
an agreement with Travelers Health Network to provide for the health insurance coverage
of eligible City employees and their families effective January 1, 1992. The pre-paid legal
services resolution would authorize the City Manager to enter into a contract with Legal
Resources of Virginia to make available, through payrofl deduction, pre-paid legal services
to participating City employees effective January 1, 1992. You advise that your concem
with respect to the =sactions is that you are currently employed by the City of Virginia
Beach as a police officer in a fuu-time perrnanent position, eaniing a salary in excess of
$iO,000, you are assigned to the Commonwealth Attomey's Office, and you are eligible to
participate in the aforementioned health insurance and pre-paid legal services plans. You
also are a Council member of the City of Virginia Beach, eaniing a salary in excess of
$10,000.
ISSUE:
Are you precluded from participating in the City Council discussion and vote on the
above-referenced health insurance and pre-paid legal services resolutions?
DISCUSSION,
1. Applicable Derinitions of 42.1-639.2:
A. The City Council as the legislative branch of local govemment is a
"govermnental agency" under the Act.
Councilman James W. Brazier, Jr. -3- August 30, 1991
Re: Request for Conflict of Interests Act Opinion
B. As an elected govemmental official, you are an "officer" wi@ dle meaning
of the Act.
C. As an employee of the City, you are also an "employee" widlin the meaning
of the Act.
D. City Council's discussion and vote on the health insurance and Pre-paid legal
services resolutions bodi constitute "transactions" as defined by the Act. A "transaction"
includes any matter considered by any govemmental agency on which official action is taken
or contemplated.
E. "Business" is defined as a corporation, partnership, sole proprietorship, f=,
enterprise, franchise or association, trust or foundation, or any other individual or entity
carrying on a business or profession, whedier or not for profit. Neither the City nor the
City Council falls wi@ the definition of a "business" under the Act.
F. "Personal interest" is defined as a financial benefit or bability which accrues
to an officer, employee, or to an iinmediate family member. The interest exists by reason
of one of five categories specified therein as: 1) owners@p in a business if the ownership
interest exceeds 3 % of the total equity of the business 2) annual income from ownership in
real or personal property or a busi_ness in excess of $10,000.00 3) salary from the use of
property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or
personal property when the interest exceeds $10,000.00 in value, exclusive of ownership
in a business, or salary 5) personal liability incuffed or assumed on behalf of a business
which exceeds 3 % of the asset value of the business. (Emphasis added).
G. A "personal interest in the transaction" exists when an officer or employee or
a member of his inimediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the wmsaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or de@ent as a result of the agency considering the transaction.
(Emphasis added).
II. Application of Definitions.
A. Personal Interest
Based upon my review of the facts presented, you do not have a "personal interest"
as defined above, because you do not receive a salary from a "business." Instead, your
Councilman James W. Brazier, Jr. -4- August 30, 199,
Re: Request for Conflict of Interests Act Opinion
Wa,y i, pid by the City of Virginia Beach which is classified under the Act as a
govemmental agency.
B. Personal Interest in th
You do not have a "personal interest", as defined above, therefore you cannot have
a "personal interest in the transaction" under the definition of the Conflict of Interests Act.
Ell. Irements:
Based on the conclusion that you have no personal interest in the Council's discussion
and vote on the health insurance and pre-paid legal services resolutions, it is my opinion that
you are permitted to participate in discussions of the City Council, and to vote on these
items.
As indicated in my letter to you dated July 2, 1990, the Conffict of Interests Act does
not anticipate the personal interests of a legislator-employee regarding the uwsactions
before the public body. However, in keeping with the intent of the Act, I advised that you
should fouow the dictates of the Act in cases where you personally will realize a fin-cial
benefit or liability as an employee of the City.
Council's discussion and vote on the health insurance and pre-paid legal se-ices
resolutions could foreseeably result in a financial benefit or liability to you since you are
a City employee. Thus, it is my advice that you follow the dictates of the Act. Based on
the fact that you are a member of a group which is affected by the transactions, ie., all
City employees, pursuant to the Act, you may participate in the discussion and vote on the
resolutions upon disclosure and a deterinination by you that you can participate fairly,
objectively, and in the public interest. (See SS 2.1-639.11(A)(2)). In the alternative, you
may choose to abstain from voting and disclose any interest. Either of these may diffuse
any perception problems that may arise. (See SS 2.1-639.14(E)).
Enclosed please find a written declaration form, should you decide to declare your
interest. This disclosure forrn is based on SS 2.1-639.14(G). This section provides that you
may either make this declaration orauy, which is to be recorded in the written rninutes of
the City Council, or you may file a signed written declaration with the Clerk of CitY
Council, who shall retain and make tffis document available for public inspection for a
period of five years from the date of recording or receipt.
Councilman James W. Brazier, Jr. -5- August 30, 1991
Re: Request for Conflict of Interests Act Opinion
if you should desire to abstain from voting, SS 2.1-639.14(E) provides diat in such
instances, the officer shau fordiwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records for five years.
The Conflict of Interests Act deals with the @s of influences upon a public
officer's or employee's judgment which are clearly irnproper. The law cannot, however,
protect against aU appearances of improper influence. In that respect the Act places the
burden on the individual officer to evaluate whedier the facts presented would present an
appearance of impropriety which is unacceptable or which would affect the confidence of
the public in the officer's ability to be impartial. I have advised that while you do not have
a personal interest in the transactions, the =sactions may accrue a financial benefit or
liability to you and you should thus fouow the provisions of the Act. Therefore, as you are
a member of a group which is affected by the transactions, i.e., aU City employees, you
may participate in the discussion and vote on the transactions upon disclosure and a
deterrnination by you that you can participate fairly and objectively.
As a final note to any conflict of interests opinion, Section 2.1-639.18(C) provides
that a written opinion of the ttome made after a fuU disclosure of the facts is
advisory and admissable as evidence that the local officer did not knowingly violate the Act,
while a favorable opinion of the Commonwealth's Att@e as the enforcing officer of the
COIA provides inimunity from any alleged violation.
Please contact me should you desire any additional information.
Very truly yours,
Zsh L. LMe
City Attomey
LLL/RMB/clb
Seen and Concurred:
Ro s
Cc
@i-t@ c3f NTil7g4i@i@ U3@CA@"
PAUL J. @NTEIGNE 4752 STONE ROAD
COUNCILMAN PUNGO BOROUGH VIRGINIA BEACH. VIRGINIA 23457
(8N) 721-5535
August 30, 1991
Mrs. Ruth Hodges Sniith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(G), Code of
Virginia, I make the following declaration:
1. The transactions for which I am executing this written disclosure are the City
Council discussion and vote on a resolution to provide a multiple-option group
healdi insurance plan to full-time perinanent City employees and a resolution
authorizing the City Manager to enter into a contract widi Legal Resources
of Virginia to make pre-paid legal services available to City employees.
2. 1 am currently employed by the City of Virginia Beach as a pohce officer in
a position in the Sheriff's Office.
3. As a City employee, I am a member of a group, ie., City employees, the
members of which are affected by the transactions.
4. I wish to disclose this interest and declare that I am able to participate in the
transactions fairly, objectively, and in the public interest as a member of a
group, the members of which are affected by the transactions.
Mrs. Rudi Hodges S@th -2- August 30, 1991
Re: Disclosure Pursuant to Section 2.1-639.14(G), Code of Virginia
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leshe L. Lilley, City
Attomey, which addresses this saine matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
J. t@ei ne
Councilman
PJL/clb
Enclosure
MU.ICIP@L CE@TER
LESLIEL LILLEY VIRGI.IA BEACH. IA 23@56 900@
CITY ATTOR.EY (80@) @27 @531
FAX (804) 126-5687
August 30, 1991
Councilman Paul J. Lanteigne
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of interests Act Opinion
Dear Councilman Lanteigne:
I wn writing in response to your request for an opinion as to whedier you may
participate in the City Council discussion and vote on a resolution to provide a mulfiple-
opfion group health insurance plan to fuu-tiine pemianent City employees and a resolution
authorizing the City Manager to enter into a contract with Legal Resources of Virginia to
make pre-paid legal services available to City employees. The resolutions are scheduled for
consideration at the September 3, 1991, meeting of the City Council.
UMMARY CONCLUSI N-
I am of the opinion that since the Conflict of Interests Act does not anticipate the
personal interests of a legislator-employee regarding the transacfions before a public body,
you do not have a personal interest in the @sacfions as defined by the Act. Thus, you are
permitted to participate in diese matters widiout restriction. Notwidistanding this
conclusion, I have previously advised you by letter of July 2, 1990 to follow the dictates
of the Act in cases in which you will realize a reasonably foreseeable direct or indirect
benefit or liability.
The facts herein indicate that it is reasonably foreseeable that you may realize a
financial benefit or hability, depending upon the decisions made by the Council regarding
the aforementioned health insurance and pre-paid legal services resolutions. However, you
are a member of a group which is affected by the transacfions, ie., afl City employees and,
therefore, pursuant to the Act, you may part.Lcipate in the discussion and vote on the
Councilman Paul J. Lanteigne -2- August 30, 199t
Re: Request for Conflict of Interests Act Opinion
resolutions upon disclosure and a determination by you that you can participate fairly,
objectively, and in the public interest. For your information I have outlined the disclosure
requirements of Section 2.1-639.14(G) should you desire to disclose your relationship and
vote; I have also set forth the applicable provisions for abstention set forth in SS 2.1-
639.14(E), should you choose not to vote.
I base the aforesaid conclusions on the fohowing facts which you h-e presented.
Please review and verify the accuracy of the facts as set forth as you may only rely upon
this opinion if they are correct and complete.
FACTS PRESENTED'
Your request for an advisory opinion is generated by the City Council discussion and
vote on a resolution to provide a multiple-option group health insurance plan to full-time
permanent City employees and a resolution authorizing the City Manager to enter into a
contract with Legal Resources of Virgirua to make pre-paid legal services available to City
employees. The health insurance resolution would audiorize the City Manager to enter into
an agreement with Travelers Health Network to provide for the health insurance coverage
of eligible City employees and their farnilies effective January 1, 1992. The pre-paid legal
services resolution would authorize the City Manager to enter into a contract with Legal
Resources of Virginia to make available, through payrou deduction, pre-paid legal services
to participating City employees effective January 1, 1992. You advise that your concem
with respect to the transactions is that you are cuffently employed by the City of Virginia
Beach as a police officer in a full-time permanent position, eaming a salary in excess of
$10,000, you are assigned to the Sheriff's Office, and you are eligible to participate in the
aforementioned health insurance and pre-paid legal services plans. You also are a Council
member of the City of Virginia Beach, eaming a salary in excess of $10,000.
ISSUE:
Are you precluded from participating in the City Council discussion and vote on the
above-referenced health insurance and pre-paid legal services resolutions?
DISCUSSION,
I. Applicable ]E -639.2:
A. The City Council as the legislative branch of local govemment is a
"goverrunental agency" under the Act.
Councilman Paul 1. Lanteigne -3- August 30, 1991
Re: Request for Conflict of Interests Act Opinion
B. As an elected govemmental official, you are an "officer" wi@ the meaning
of the Act.
C. As an employee of the City, YOU are also an "employee' -i@ the meamng
of the Act.
D. City Council's discussion and vote on the health insurance and pre-paid legal
services resolutions both constitute "Uwsactions" as defined by the Act. A "transaction'
includes any matter considered by any governmental agency on which official action is taken
or contemplated.
E. "Business" is defined as a corporation, partnership, sole proprietorship, firm,
enterprise, fi-anchise or association, trust or foundation, or any other individual or entity
carrying on a business or profession, whether or not for profit. Neidier the City nor the
City Council falls wi@ the definition of a "business" under the Act.
F. "Personal interest" is defined as a financial benefit or liability which accrues
to an officer, employee, or to an immediate family member. The interest exists by reason
of one of five categories specified therein as: 1) ownership in a business if the ownership
interest exceeds 3 % of the total equity of the business 2) annual income from ownership in
real or personal property or a business in excess of $10,000.00 3) salary from the use of
property or paid by a business that exceeds $10,000.00 annually 4) ownership of real or
personal property when the interest exceeds $10,000.00 in value, exclusive of ownership
in a business, or salary 5) personal hability incurred or assumed on behalf of a business
which exceeds 3 % of the asset value of the business. (Emphasis added).
G. A "personal interest in the wmsaction" exists when an officer or employee or
a member of his inimediate family has a personal interest in property or a business or
represents any individual or business and such property, business or represented individual
(i) is the subject of the transaction or (ii) may realize a reasonably foreseeable direct or
indirect benefit or detriment as a result of the agency considering the wmsaction.
(Emphasis added).
Application of Definitions:
A.
Based upon my review of the facts presented, you do not have a "personal interest"
as defined above, because you do not receive a salary from a "business." Instead, your
Councilman Paul J. Lanteigne -4- August 30, 1991
Re: Request for Conflict of Interests Act Opinion
s@ is paid by the City of Virginia Beach which is classified under the Act as a
governmental agency.
B. Personal Interest in the Transaction
You do not have a "personal interest", as defined above, therefore you cannot have
a "personal interest in the transaction" under the de@tion of the Conflict of Interests Act.
II[I. Prohibitions and Disc o re Re uirements:
Based on the conclusion diat you have no personal interest in the Council's discussion
and vote on the healdi insurance and pre-paid legal services resolutions, it is my opinion that
you are permitted to participate in discussions of the City Council, and to vote on these
items.
As indicated in my letter to you dated July 2, 1990, the Conflict of Interests Act does
not anticipate the personal interests of a legislator-employee regarding the transactions
before the public body. However, in keeping with the intent of the Act, I advised diat you
should follow the dictates of the Act in cases where you personally will realize a financial
benefit or liability as an employee of the City.
Council's discussion and vote on the health insurance and pre-paid legal services
resolutions could foreseeably result in a financial benefit or hability to you since you are
a City employee. Thus, it is my advice that you fouow the dictates of the Act. Based on
the fact that you are a member of a group which is affected by the transactions, i.e., all
City employees, pursuant to the Act, you may participate in the discussion and vote on the
resolutions upon disclosure and a detertnination by you that you can participate fairly,
objectively, and in the pubhc interest. (See SS 2.1-639.11(A)(2)). In the alternative, you
may choose to abstain from voting and disclose any interest. Either of diese may diffuse
any perception problems that may arise. (See SS 2.1-639.14(E)).
Enclosed please find a written declaration fonn, should you decide to declare your
interest. This disclosure form is based on SS 2.1-639.14(G). This section provides that you
may either make this declaration orally, which is to be recorded in the w-ritten minutes of
the City Council, or you may file a signed written declaration with the Clerk of City
Council, who shau retain and make this document available for pubhc inspection for a
period of five years from the date of recording or receipt.
Councilman Paul J. Lanteigne -5- August 30, i991
Re: Request for Conflict of Interests Act Opinion
ff you should desire to abstain from voting, SS 2.1-639.14(E) provides that in such
instances, the officer shall forthwith make disclosure of the existence of his interest and his
disclosure shall be reflected in the public records for five ye-s.
The Conflict of Interests Act deals wid, the types of influences upon a public
officer's or employee's judgment which are clearly irnproper. The law cannot, however,
protect against all appe-ances of improper influence. In diat respect the Act places the
burden on the individual officer to evaluate whether the facts presented would present an
appearance of impropriety which is unacceptable or which would affect the confidence of
the public in the officer's ability to be impar6al. I have advised that while you do not have
-e a financial benefit or
a personal interest in the transactions,the transactions may acc
liability to you and you should thus follow the provisions of the Act. Therefore, as yoil are
a member of a group which is affected by the transactions, ie,, all CitY employees, you
may participate in the discussion and vote on the transactions upon disclosure and a
detern-tination by you diat you can participate fairly and objectively.
As a final note to any conflict of interests opinion, Section 2.1-639.18(C) provides
that a written opinion of the ttome made after a fuU disclosure of the facts is
advisory and adniissable as evidence that the local officer did not knowingly violate the Act,
while a favorable opinion of the ommonwealth's Atto-e as the enforcing officer of the
COIA provides inimunity from any aueged violation.
Please contact me should you desire any additional infonnation.
Very truly yours,
L.slie L. 1:
City Attomey
LLL/RMB/clb
s
i
c y
RESOLUTION AUTHORIZING THE
CITY MANAGER TO ENTER INTO
CONTRACT TO MAKE PRE-PAID
LEGAL SERVICES AVAILABLE TO
CITY EMPLOYEES
WHEREAS, City Council desires to offer improved benefits
to city employees, and
WHEREAS, there is an opportunity to make available on a
payroll deduction basis pre-paid legal services to employees who
may have the need for legal aid in the future, and
WHEREAS, Legal Resources of Virginia has proposed a plan
to provide these services to employees at a cost of approximately
twelve (12) dollars each per month, and
WHEREAs, this firm is the only one of its kind licensed
to do business in Virginia according to the State Corporation
Commission, Bureau of Insurance, and
WHEREAS, there is no cost to the City of Virginia Beach
other than the administrative effort required to administer payroll
deductions.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA, that the city manager is authorized to
enter into a contract with Legal Resources of Virginia to make
available, through payroll deduction, pro.-paid legal services to
participating city employees effective January 1, 1992.
Resolved by the Council of the City of Virginia Beach,
Virginia on the Third day of September 1991
7
Item I-G.3
RESOLUTIONS/ORDINANCES ITEM # 34856
Police Chief Charles Wall and Captain A. M. Jacocks - Second Precinct, advised
upon request of a new ABC license or transfer of a license, the Precinct in
that particular area conducts an investigation. Just along Atlantic Avenue
from Rudee to Thirty-first Street there are approximately 143 ABC
establishments in that 2-mile area. Chief Wall advised their recommendations
concerning licenses are forwarded to the ABC Board.
L. G. Coleman, Special Agent in Charge, Regulatory Division, Department of
Alcoholic Beverage Control, P.O. Box 1488, Chesapeake, Virginia, Phone: 424-
6700, advised there were five (5) agents assigned to the City. There are
approximately 800 to 1,000 ABC establishments within the City.
The following registered in SUPPORT of the Ordinance:
Jo Ryan, 3028 Bowling Green Drive, Phone: 340-0162, represented the Princess
Anne Plaza Civic League
Clara Thurbon, 3013 John Hancock Drive, Phone: 468-5813, resident of Princess
Anne Plaza
Judith A. Byard, 3016 Ole Towne Lane, Phone: 468-0608, resident of Princess
Anne Plaza
The following registered in OPPOSITION:
Flo McDaniel - Virginia Beach Hotel/Motel Association
Michael J. Barrett - represented the Hampton Roads Chamber of Commerce and
requested the Ordinance be referred back to the Planning Commission requesting
a Task Force comprised of restaurant and business owners, as well as civic
league representatives be formed to study the issues.
Bill Dillon, Government Relations Chairman/Virginia Beach Chapter, Virginia
Restaurant Association, 2257 Wild Oak Crescent, Phone: 427-5761
Kal Kassir, 2009 Alphine Road, Phone: 481-5511, Chairman of the Resort
Leadership Council and Chairman of the ABC Task Force Committee of the
Virginia Restaurant Association
William R. Miller, 1900 Channel Points Lane, Phone: 481-0360, President -
Virginia Restaurant Association.
John Perros, 1628 Cuttysark Road, Board of Virginia Restaurant Association and
the Virginia Beach Restaurant Association, as well as a member of the ABC Task
Force Committee of the Virginia Restaurant Association
A MOTION was made by Vice Mayor Fentress, seconded by Councilman Sessoms to
DEFER for ninety days Ordinances to AMEND and REORDAIN the City Zoning
Ordinance: Article 2, ADDING Section 233.1 re eating and drinking
establishments serving alcoholic beverages; and, Sections 203, 901, 1001, 1511
and 1521 re certain eating and drinking establishments
A SUBSTITUTE MOTION was made by Councilwoman McClanan, seconded by Councilman
Brazier to ADOPT: Article 2, ADDING Section 233.1 re eating and drinking
establishments serving alcoholic beverages; and, Sections 203, 901, 1001, 1511
and 1521 re certain eating and drinking establishments
September 3, 1991
8
Item I-G.3
RESOLUTIONS/ORDINANCES ITEM 34856 (Continued)
Councilman Clyburn CALLED FOR THE QUESTION:
Voting: 10@l (RCalling for the Question")
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Nancy K. Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf
Council Members Absent:
None
9
Item I-G.3
RESOLUTIONS/ORDINANCES ITEM 34856 (Continued)
Upon motion by Councilwoman McClanan, seconded by Councilman Brazier, City
Council ADOPTED:
Ordinances to AMEND and REORDAIN the City Zoning Ordinance:
Article 2, ADDING Section 233.1 re eating and
drinking establishments serving alcoholic beverages
Sections 203, 901, 1001, 1511 and 1521 re certain
eating and drinking establishments
Voting: 6-5
Council Members Voting Aye:
James W. Brazier, Jr., Robert W. Clyburn, Louis R.
Jones, Paul J. Lanteigne, Reba S. McClanan and Nancy
K. Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, Mayor Meyera E. Oberndorf and William D.
Sessoms, Jr.
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN ARTICLE 2
2 OF THE CITY ZONING ORDINANCE BY ADDING A NEW
3 SECTION 233.1, PERTAINING TO CERTAIN EATING
4 AND DRINKING ESTABLISHMENTS SERVING ALCOHOLIC
5 BEVERAGES
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA:
8 That Article 2 of the City Zoning Ordinance of the City
9 of Virginia Beach be, and hereby is, amended and reordained by the
10 addition of a new Section 233.1, pertaining to certain eating and
11 drinking establishments serving alcoholic beverages, which shall
12 read as follows:
13 Sec. 233.1. Bating and drinking establishments serving alcoholic
14 @verages.
15 In addition to general requirements, eating and drinking
16 establishments which serve alcoholic beverages, as defined in
17 Section 4-2 of the Code of Virginia, for on-premises consumption
18 and which are located within five hundred (500) feet of any
19 residential or apartment district or have on-site parking within
20 three hundred (300) feet of any residential or apartment district
21 shall be subject to the following requirements, which shall be
22 deemed to be conditions of the conditional use permit:
23 (a) Category VI landscaping shall be installed alonci any lot
24 line adjoining a residential or apartment district
25 without an intervening street, alley or body of water
26 greater than fifty (50) feet in width. The fencing
27 element of such landscaping shall be not be less than six
28 (6) feet nor more than eight (8) feet in height,
29 Landscaping shall be maintained in good condition at all
30 times;
31 (b) The operation of such establishments shall not disturb
32 the tranquility of residential areas or otherwise
33 interfere with the reasonable use and enjoyment of
3 4 neighboring Property bY reason of excessive n '
oise,
35 traffic, overflow parking and litter; and
36 (c) Such establishments shall be required to implement any
37 other measures the city council deems necessary or
38 appropriate to minimize noise or other Dotential adverse
39 effects upon neig ential areas.
40 Adopted by the City Council of the City of Virginia Beach
41 on the 3 day of September 1991.
42 CA-91-4251
43 \ordin\proposed\45-233-l.pro
44 R-1
2
1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
2 203, 901, 1001, 1511 AND 1521 OF THE CITY
3 ZONING ORDINANCE, PERTAINING TO CERTAIN EATING
4 AND DRINKING ESTABLISHMENTS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Sections 203, 901, 1001, 1511 and 1521 of the City
8 Zoning Ordinance of the City of Virginia Beach, pertaining to
9 certain eating and drinking establishments which serve alcoholic
10 beverages, be, and hereby are, amended and reordained, and shall
11 read as follows:
12 Sec. 203. Off-street parking requirements.
13 (a) The following specified uses shall comply with the off-
14 street parking requirements designated therefor:
15 (1) Animal hospitals, business studios, eleemosynary and
16 philanthropic institutions, veterinary establishments,
17 commercial kennels, animal pounds and shelters,
18 wholesaling and distribution operations, financial
19 institutions other than banks, laboratories other than
20 medical, passenger transportation terminals and broad-
21 casting studios: At least one (1) space per four hundred
22 (400) square feet of floor area;
23 (2) Auditoriums, assembly halls and union halls; commercial
24 recreation facilities: At least one (1) space per one
25 hundred (100) square feet of floor area or at least one
26 (1) space per five (5) fixed seats, whichever is greater;
27 (3) Banks, credit unions, savings and loans, and other such
28 financial institutions: At least one (1) space per one
29 hundred twenty-five (125) square feet of floor area;
30 (4) Botanical and zoological gardens; At least one (1) space
31 per ten thousand (10,000) square feet of lot area;
32 (5) Bowling alleys: At least five (5) spaces per alley;
3 3 (6) Child care centers and child care education centers: At
34 least one (1) space per three hundred (300) square feet
35 of floor area;
36 (7) Churches: At least one (1) space per five (5) seats or
37 bench seating space in the main auditorium;
38 (8) College or university: At least one (1) space per five
39 (5) seats in the main auditorium or five (5) spaces per
40 classroom, whichever is greater;
41 (9) Convalescent or nursing home; At least one (1) space per
42 four (4) patient beds;
43 (10) Country inns: At least one (1) space per room provided
44 for lodging transients;
45 (11) Drive-in eating and drinking establishments: At least
46 one (1) space per fifty (50) square feet of floor area;
47 (12) Dwellings, single family, semidetached, duplex and
48 attached: At least two (2) spaces per dwelling unit;
49 (13) Dwellings multi-family: At least two (2) spaces per
50 dwelling unit for the first fifty (50) units located on
51 a zoning lot and at least one and three quarters (I 3/4)
52 spaces per dwelling unit for all units in excess of fifty
53 (50) units.
54 (14) Eating and drinking establishments: At least one (1)
55 space for each seventy five (75) square feet of floor
56 area;
57 (15) Eating and drinking establishments accessory to a hotel:
58 At least one (1) space for each three hundred (300)
59 square feet of floor area in dining area;
60 (16) Fraternity or sorority house, student dormitory: At
61 least one (1) space per two (2) lodging units or one (1)
62 space per three (3) occupants, whichever is greater;
63 (17) Furniture or appliance stores, machinery equipment,
64 automotive and boat sales and service: At least one (1)
65 space per nine hundred (900) square feet of floor area;
2
66 (18) Golf courses: At least five (5) spaces per hole in the
67 main course;
68 (19) Greenhouses and plant nurseries: At least one (1) space
69 per one thousand (1,000) square feet of selling area;
70 (20) Homes for the aged, disable or handicapped: At least one
71 (1) space per unit;
72 (21) Hospitals: At least two and one-half (2.5) spaces per
73 patient bed;
74 (22) Lodging units; At least one (1) space per lodging unit;
75 (23) Marinas: At least one (1) space per boat slip;
76 (24) Medical, optical, and dental offices and clinics, and
77 medical laboratories: At least one (1) space per two
78 hundred fifty (250) square feet of floor area;
79 (25) Meeting rooms and convention hall facilities accessory
80 to a hotel: At least one (1) space per twenty (20)
81 seating capacity;
82 (26) Museums and art galleries: Not less than ten (10) spaces
83 and one (1) additional space for each three hundred (300)
84 square feet of floor area or fraction thereof in excess
85 of one thousand (1,000) square feet;
86 (2:7) NightG!,abr., bar-s, taver-nr., and
87 rpage per- on of floor ar-ea;
88 (28) (27) Nurses homes and similar housing for institutional
89 employees: At least one (1) space per four (4)
90 occupants;
91 (29) (28) Offices: At least one (1) space per two hundred seventy
92 (270) square feet of floor area;
93 (29) Personal service establishments: At least one (1) space
94 per two hundred (200) square feet of floor area;
95 (31) (30) Printing and publishing establishments: At least one (1)
96 space per one thousand (1,000) square feet of floor area;
97 (32) (31) Private clubs and lodges, social centers, athletic clubs
98 and commercial recreation facilities other than bowling
99 alleys; At least one (1) space per one hundred (100)
100 square feet of floor area;
3
101 +14 (32) Public buildings and funeral homes: At least one (1)
102 space per five hundred (500) square feet of floor area;
103 (34) (33) Retail establishments, repair establishments, plumbing
104 and heating establishments and service establishments
105 other than personal service establishments: At least one
106 (1) space per two hundred (200) square feet of floor
107 area;
108 (34) Restaurants other than drive-in eating and drinking
109 establishments: At least one (1) space per seventy-five
110 (75) square feet of floor area;
ill (36) (35) Sanitariums: At least one (1) space per four (4) patient
112 beds;
113 (3:1) (36) Service or repair establishments, motion picture studios,
114 utility installations, manufacturing, industrial, processing,
115 packaging, fabricating, research or testing labs, warehouses
116 establishments, printing, publishing, and plumbing and heating
117 establishments; At least one (1) space per employee on
118 maximum working shift;
119 (37) (i) shopping centers containing more than eight (8)
12 0 individual uses or businesses and located on a
121 zoning lot five (5) to ten (10) acres in size shall
122 have a total of:
12 3 (a) one (1) space per two hundred (200) square feet
124 of floor area of all uses except restaurants
125 and theaters;
126 (b) one (1) space per two hundred (200) square feet
127 of floor area of restaurants and theaters
128 occupying, in the aggregate, five (5) per cent
129 or less of the total floor area of the shopping
130 center;
131 (c) one (1) space per seventy-five (75) square feet
132 of floor area of restaurants in excess thereof;
133 and
134 (d) one (1) space per one hundred (100) square feet
135 of floor area of theaters in excess thereof.
4
13 6 Shopping centers containing more than eight (8)
137 individual uses or businesses and located on a
138 zoning lot ten (10) to thirty (30) acres in size
139 shall have a total of:
140 (a) one (1) space per two hundred (200) square feet
141 of floor area of all uses except restaurants
142 and theaters;
14 3 (b) one (1) space per two hundred (200) square feet
144 of floor area of restaurants and theaters
145 occupying, in an aggregate, ten (10) per cent
146 or less of the total floor area of the shopping
147 center;
148 (c) one (1) space per seventy-five (75) square feet
149 of floor area of restaurants in excess thereof;
150 and
151 (d) one (1) space per one hundred (100) square feet
152 of floor area of theaters in excess thereof.
153 (iii) Shopping centers containing more than eight
154 (8) individual uses or businesses and located on a
155 zoning lot greater than thirty (30) acres in size
156 shall have a total of:
157 (a) one (1) space per two hundred (200) square feet
158 of floor area of all uses except restaurants
159 and theaters;
160 (b) one (1) space per two hundred (200) square feet
161 of floor area of restaurants and theaters
162 occupying, in the aggregate, fifteen (15) per
163 cent or less of the total floor area of the
164 shopping center;
165 (c) one (1) space per seventy-five (75) square feet
166 of floor area of restaurants in excess thereof;
167 and
168 (d) one (1) space per one hundred (100) square feet
169 of floor area of theaters in excess thereof.
5
170 (iv) Notwithstanding the foregoing provisions, in the
171 event the total parking recluirement of the
172 individual uses within a shopping center is less
17 3 than that required pursuant to (i) or (ii)
174 hereinabove, the lesser requirement shall apply;
175 (38) Vocational, technical, industrial and trade schools: At
176 least six (6) spaces per classroom;
177 (49) (39) Uses permitted under conditional use permits shall comply
178 with the specific off-street parking requirements
179 attached to the conditional use permit.
180 (b) General standards. Any off-street parking space,
181 including spaces provide above the minimum required, shall have
182 minimum dimensions of nine (9) by eighteen (18) feet; provided that
183 minimum dimensions for parallel parking spaces shall be nine (9)
184 by twenty-two (22) feet; provided that within a parking lot or an
185 enclosed parking garage or structure twenty-five (25) per cent of
186 the spaces provided may be designated for compact cars provided
187 that the minimum dimensions shall be eight (8) by seventeen (17)
188 feet for regular spaces or eight (8) by twenty (20) for parallel
189 spaces and that all such compact car spaces be clearly marked with
190 the wording "Compact Cars Only"; provided further that where the
191 width of a parking space abuts a street frontage landscaping strip
192 and/or interior landscaping areas, the length of the parking spaces
193 may be reduced by one and one-half (1.5) feet. Each space shall
194 be unobstructed, shall have access to a street and shall be so
195 arranged that any automobile may be moved without moving another,
196 except in the case of parking for one- and two- family dwellings
197 and in the case of parking for employees on the premises. All
198 spaces shall be provided and maintained with an allweather surface.
199 Where parking areas are illuminated, all sources of illumination
200 shall be so shielded as to prevent any direct reflection toward
201 adjacent premises in residential, apartment, or hotel districts.
202 In addition:
203 (1) Parking areas for three (3) or more automobiles shall
204 have individual spaces marked except in the case of
6
205 parking for one and two family detached dwellings, and
206 spaces shall be so arranged that no maneuvering directly
207 incidental to entering or leaving a parking space shall
208 be on any public street, alley, or walkway.
209 (2) minimum aisle width required for parking areas shall be
210 according to the following table:
211 Parking Angle Aisle width
212 (in degrees) (in feet)
213
214 0-44 12
215 45-59 13.5
216 60-69 18.5
217 70-79 19.5
218 80-89 21
219 90 22
220 (c) Parking for accessory uses. Unless otherwise specified
221 in the district regulations, accessory uses shall conform to the
222 parking requirements applicable to such uses, which requirements
223 shall be in addition to any parking required of the principal use.
224 (d) Commercial vehicular parking. Parking of a commercial
225 vehicle in residential or apartment districts shall be prohibited,
226 except that one (1) commercial vehicle of one (1) ton or less may
227 be parked on any lot where there is located a main building by a
228 resident of the premises. This restriction shall not apply to
2 29 commercial vehicles during the normal conduct of business or in the
230 deliver or provision of service to a residential area. The parking
2 3 1 of semi-trailers for commercial or industrial storage is prohibited
232 except on bona fide construction sites.
2 33 (e) Requirements for access by disabled persons. The
234 following requirements shall be applicable for all public and
235 nonresidential buildings:
236 (1) Off-street parking requirements for handicapped persons
237 shall be in accordance with the following table:
238 Required Number of
239 Accessible Spaces
240 Total Pa king in Lot
241 5 to 50 1
242 51 to 100 2
243 101 to 200 3
244 over 201 3 plus 1% of spaces
245 in excess of 200
7
246 (2) Parking spaces for disabled persons shall have a minimum
247 dimension of eight (8) by eighteen (18) feet, and have
248 an adjacent access aisle with a minimum dimension of five
249 (5) feet wide. Such parking access aisles shall be part
250 of the accessible route to the building or facility
251 entrance. Two such accessible parkinq spaces may share
252 a common access aisle. Accessible parking spaces shall
253 be designated as reserved for the disabled by a sign
254 showing the symbol of accessibility. such signs shall
255 have the lower edge of the sign no lower than four (4)
256 feet above grade.
257 (f) Residential parking requirements. Any area within a
258 garage or within an enclosed or covered space may be counted toward
259 meeting off-street parking requirements except where specifically
260 prohibited in the applicable district regulations.
261 Sec. 901. Use Regulations.
262 (a) Principal and conditional uses.
263 The following chart lists those uses permitted within the B-
2 64 1 through B-4 Business Districts. Those uses and structures in the
265 respective business districts shall be permitted as either
266 principal uses indicted by a "Pll or as conditional uses indicated
267 by a OICIP. Uses and structures indicated by an "XII shall be
2 68 prohibited in the respective districts. No uses or structures
269 other than as specified shall be permitted.
270 Use B-1 B-lA B-2 B-3 B-4
271 Animal hospitals, pounds, shelters,
272 commercial kennels, provided that all
273 animals shall be kept in soundproofed
274 air conditioned buildings p p p p p
275 Attached dwellings x x x x p
276 Auditoriums, assembly halls and union halls X c p p p
277 Automobile repair garages and small engine
278 repair establishments, provided that all
279 repair work shall be performed within a
280 building x x c x c
281 Automobile repair establishments dealing
282 exclusively in minor repairs of the type
283 provided at automobile service stations x x c c c
8
284 Use B-1 B-lA B-2 B-3 B-4
285 Automobile service stations; provided that,
286 where there is an adjoining residential or
287 apartment district without an intervening
288 street, alley or permanent open space over
289 twenty-five (25) feet in width and where
290 lots separated by a district boundary have
291 adjacent front yards, Category VI screening
292 shall separate the automobile service
293 station use from the adjacent residential
294 district and no ground sign shall be
295 within fifty (50) feet of the residential
296 or apartment district x x c c c
297 Bakeries, confectioneries and delicatessens,
298 provided that products prepared or processed
299 on the premises shall be sold only at retail
300 and only on the premises p p p p p
301 Bicycle and moped rental establishments x x x x c
302 Bingo Halls x x c x c
303 Boat sales x x p x p
304 Borrow pits x x c x x
305 Bulk storage yards and building contractors'
306 yards; provided that no sale or processing
307 of scrap, salvage, or secondhand material
308 shall be permitted in such yards; and,
309 provided further that such storage yards
310 shall be completely enclosed except for
311 necessary opening for ingress and egress
312 by a fence or wall not less than six (6)
313 feet in height x x c x x
314 Business and vocational schools which do
315 not involve the operation of woodwork
316 shops, machine shops or other similar
317 facilities x p p p p
318 Business studios, offices, and clinics p p p p p
319 Car wash facilities, provided that:
320 (i) no water produced by activities on
321 the zoning lot shall be permitted to
322 fall upon or drain across public streets
323 or sidewalks or adjacent properties;
324 (ii) a minimum of three (3) off-street
325 parking spaces for automobiles shall
326 be provided for each car wash space
327 within the facility. x x c c c
328 Child care and child care education centers C c p p p
329 Churches x c c c c
330 commercial parking lots, parking garages
331 and storage garages x x p p p
332 Commercial recreation facilities other
333 than those of an outdoor nature x x c c p
334 Dormitories for marine pilots x x x x c
335 Drugstores, beauty shops and barbershops p p p p p
9
3 36 Use B-1 B-lA B-2 B-3 B-4
337 Eating and drinking establishments with
338 drive-through windows, except as specified
339 below x x p p p
340 Eating and drinking establishments without
341 drive-through windows, except as specified
342 below p p p p p
343 Eating and drinking establishments
344 which serve alcoholic beverages for
345 on-premises consumption and which are
346 located within 500 feet of a residential
347 or apartment district or have on-site
348 Parking within 300 feet of a residential
349 or alpartment district x x c c c
350 Financial institutions p p p p p
351 Florists, gift shops and stationery stores p p p p p
352 Funeral homes x p p p p
353 Furniture repair and upholstering, repair
354 services for radio and television and
355 household appliances other than those
356 with gasoline engines; service and repair
357 services for business machines; carpet
358 and linoleum laying; tile setting, sign
359 shops and other small service businesses x p p p p
360 Greenhouses and plant nurseries x p p x p
361 Grocery stores, carry-out food stores and
362 convenience stores all being both free-
363 standing and in a structure with a gross
364 floor area of less than five thousand
365 (5,000) square feet c c p p p
366 Grocery stores, carry-out food stores and
367 convenience stores whether or not free-
368 standing, but in a structure with a gross
369 floor area of not less than five thousand
370 (5,000) square feet x x p p p
371 Grocery stores, carry-out food stores and
372 convenience stores any of which are not
373 freestanding but are in a structure with
374 a gross floor area of less than five
375 thousand (5,000) square feet p p p p p
376 Heliports and helistops x x c c c
377 Home occupations x x x x c
10
378 Use B-1 B-lA B-2 B-3 B-4
379 Homes for the aged, disabled or handicapped,
380 including convalescent or nursing homes;
381 maternity homes; child care centers, other
382 than those covered under permitted principal
383 uses and structures hereinabove, when not
384 operated by a public agency, provided that
385 the maximum density for homes for the aged
386 shall be sixty (60) dwelling units per acre
387 and the maximum height shall not exceed one
388 hundred and sixty five (165) feet, provided
389 however, that the allowed excess height
390 shall not exceed twice the distance to the
391 nearest lot line from the structure with
392 the excess height, notwithstanding the
393 above, no structure shall exceed the height
394 limit established by Sec. 202(b) regarding
395 air navigation. x x x x c
396 Hospitals and sanitariums x x c c c
397 Hotel and motels x x x p p
398 Hotel and motels with increased lodging
399 unit density and height, provided that the
400 maximum density shall be one hundred and
401 twenty (120) lodging units per acre, the
402 minimum lot area shall be one (1) acre and
403 the maximum height shall be one hundred
404 (100) feet, notwithstanding the above, no
405 structure shall exceed the height limit
406 established by Sec. 202(b) regarding air
407 navigation. x x x x c
408 Laboratories and establishments for the
409 production and repair of eye glasses,
410 hearing aids and prosthetic devices x x p p p
411 Laundry and dry cleaning agencies p p p p p
412 Liquor stores, package only p p p p p
413 Marinas, commercial x x p p c
414 Medical and dental offices p p p p p
415 Medical laboratories x x p p p
416 mini-warehouses x c c c c
417 Mobile home sales x x c x x
418 Motor vehicle sales and rental, provided
419 the minimum lot size is twenty thousand
420 (20,000) square feet x x c c c
421 Multiple-family dwellings x x x x p
422 Museums and art galleries c p p p p
423 Newspaper printing and publishing, job
424 and commercial printing x p p p p
42 5 NightG!ubs, bar-s, taverns, dange halls x -x p p p
11
42 6 Use B-1 B-IA B-2 B-3 B-4
427 off-site parking facilities in connection
428 with hotels and motels located within the
429 RT-1 Resort Tourist District may be
430 permitted on zoning lots within the B-4
431 Resort Commercial District where the
432 required off-street parking cannot be
433 provided on the lot with the principal
434 building or use provided:
435 (a) Structures for parking facilities
436 shall conform to the regulations of the
437 district in which located.
438 (b) A written agreement assuring
439 continued availability of the number
440 of spaces indicated shall be drawn and
441 executed, and a certified copy of such
442 agreement shall be recorded with the
443 Clerk of the Court. Such agreement
444 shall stipulate that, if such space
445 is not maintained or space acceptable
446 to the planning director substituted,
447 the use or such portion of the use as
448 is deficient in number of parking spaces
449 shall be discontinued. The agreement
450 shall be subject to the approval of the
451 city attorney. x x x x p
452 Passenger transportation terminals x x c c c
453 Personal service establishments, other than
454 those listed separately x p p p p
455 Private clubs, lodges, social centers,
456 eleemosynary establishments and athletic
457 clubs p p p p p
458 Public buildings and grounds p p p p p
459 Public utilities installations and
460 substations provided storage or
461 maintenance facilities shall not be
462 permitted; and provided, further, that
463 utilities substations, other than
464 individual transformers, shall be
465 surrounded by Category VI screening,
466 solid except for entrances and exits;
467 and provided also, transformer vaults
468 for underground utilities and the like
469 shall require only Category I screening,
470 solid except for access opening. p p p p p
471 Public utilities offices x x p p p
472 Public utility storage or maintenance
473 installations x x c c c
474 Radio and television broadcasting stations
475 and line-of-sight relay devices x c c c c
12
47 6 Use B-1 B-lA B-2 B-3 B-4
477 Recreational and amusement facilities of
478 an outdoor nature, which may be partially
479 or temporarily enclosed on a seasonal
480 basis with approval of city council,
481 provided that, in the development of
482 such properties, safeguards are provided
483 to preserve and protect the existing
484 character of adjacent properties, except
485 that riding academies and recreational
486 campgrounds shall not be allowed as a
487 conditional use or otherwise. x c c c c
488 Repair and sales for radio and television
489 and other household appliances, except
490 where such establishments exceed two
491 thousand five hundred (2,500) square
492 feet of floor area p p p p p
493 Retail establishments, other than those
494 listed separately, including the incidental
495 manufacturing of goods for sale only at
496 retail on the premises; retail sales and
497 display rooms and lots, provided that yards
498 for storage of new or used building
499 materials or yards for any scrap or
500 salvage operations or for storage or
501 display of any scrap, salvage or secondhand
502 building materials or automobile parts shall
503 not be allowed x p p p p
504 Veterinary establishments and commercial
505 kennels, provided that all animals shall be
506 kept in soundproofed, air-conditioned
507 buildings p p p p p
508 Wholesaling and distribution operations,
509 provided that such operations do not
510 involve the use of: (i) more than two
511 thousand (2,000) square feet of floor
512 area for storage of wares to be sold at
513 wholesale or to be distributed, or
514 (ii) any vehicle rated at more than
515 one and one-half (1/2) ton capacity or
516 (iii) a total of more than five (5)
517 delivery vehicles. x x p c x
518 (b) Accessory uses and structures: Uses and structures which are
519 customarily accessory and clearly incidental and subordinate to the
520 principal uses and structures, including, but not limited to:
521 (1) An accessory activity operated for profit in a residential
522 dwelling unit where there is no changed in the outside
523 appearance of the building or premises or any visible or
524 audible evidence detectable from outside the building lot,
525 either permanently or intermittently, of the conduct of such
526 business except for one (1) nonilluminated identification sign
527 not more than one (1) square foot in area mounted flat against
528 the residence; where no traffic is generated, including
529 traffic by commercial delivery vehicles, by such activity in
53 0 greater volumes than would nor-mally be expected in the
53 1 neighborhood, and any need for parking generated by the
532 conduct of such activity is met off the street and other than
533 in a required front yard; where the activity is conducted on
534 the premises which is the bona fide residence of the principal
535 practitioner, and no person other than members of the
536 immediate family occupying such dwelling unit is employed in
537 the activity; where such activity is conducted only in the
13
538 principle structure on the lot; where there are no sales to
539 the general public of products or merchandise from the home;
540 and where the activity is specifically designed or conducted
541 to permit no more than one (1) patron, customer, or pupil tO
542 be present on the premises at any one time. The following are
543 specifically prohibited as accessory activities: Convalescent
544 or nursing homes, tourist homes, massage parlors, radio or
545 television repair shops, auto repair shops, or similar
546 establishments.
547 Sec. 1001. use regulations.
548 (a) Principal and conditional uses.
549 The following chart lists those uses permitted within the I-1 and
550 I-2 Industrial Districts. Those uses and structures in the respective
551 industrial districts shall be permitted as either principal uses
552 indicted by a "Pll or as conditional uses indicated by a "C". Uses and
553 structures indicated by an "XII shall be prohibited in the respective
554 districts. No uses or structures other than as specified shall be
555 permitted.
556 Use I-1 I-2
557 Airports, heliports and helistops; p p
558 Automobile service stations, provided that where there
559 is an adjoining residential or apartment district
560 without an intervening street, alley or permanent
561 open space over twenty-five (25) feet in width and where
562 lots separated by the district boundary have adjacent
563 front yards, a six (6) foot solid fence with Category VI
564 screening shall separate the automobile service station
565 use from the adjacent residential district and no ground
566 sign shall be within fifty (50) feet of the residential or
567 apartment district; c c
568 Automotive rental, parts and supply stores; provided that
569 no outside storage is included (excluding operative
570 equipment); p p
571 Automotive repair garages; c p
572 Automobile service establishments dealing exclusively in
573 service and minor repairs of the type provided at
574 automobile service stations; p p
575 Bingo Halls; c c
576 Borrow pits; c c
577 Bulk storage yards and building contractor's yards;
578 provided that no sale or processing of scrap, salvage,
579 or secondhand material shall be permitted in such yards;
580 and, provided further that additional requirements as
581 listed in Section 228 are met. c p
582 Business, medical, financial, nonprofit, professional
583 and similar office buildings; p p
584 Car wash facilities, provided that: (i) No water
585 produced by activities on the zoning lot shall be
586 permitted to fall upon or drain across public streets or
587 sidewalks or adjacent properties; (ii) A minimum of
588 three (3) off-street parking spaces for automobiles shall
589 be provided for each car wash space within the facility. c x
590 Collection depots for recyclable materials; c x
14
591 Use I-1 I-2
592 Eating and drinking establishments, except
593 as specified below p p
594 Eating and drinking establishments which serve
595 alcoholic beverages for on-premises consumption and
596 which are located within 500 feet of a residential
597 or apartment district or have on-site parking
598 within 300 feet of a residential or apartment district c c
599 Establishments such as linen suppliers, freight movers,
600 communication services and canteen services; p p
601 Establishments which deliver merchandise in bulk by
602 truck or van; p p
603 Explosives manufacturing, storage and distribution; x c
604 Facilities for construction, maintenance and repair
605 of vessels; x p
606 Heavy equipment sales and service; p p
607 Hotels and motels; provided the following conditions
608 are met: (i) Frontage shall be on a major or secondary
609 street or highway; (ii) The minimum lot size shall be
610 forty thousand (40,000) square feet and a minimum lot
611 width of one hundred fifty (150) feet: (iii) Density
612 regulations of the H-1 Hotel District shall apply;
613 (iv) Accessory uses shall be limited to eating and
614 drinking establishments, gift shops and travel agencies;
615 (v) Parking requirements of at least one (1) space per one
616 (1) lodging unit shall be provided in addition to the
617 requirements for an accessory use; (vi) Front yards shall
618 have a minimum depth of thirty (30) feet and, except for
619 necessary driveways, shall be maintained in landscaping
620 and shall not be used for parking; (vii) Signs shall conform
621 to the sign requirements applicable within H-1 Hotel
622 District regulations. c x
623 Manufacturing, processing, extracting, packaging or
624 fabricating establishments; provided that the following
625 uses shall not be allowed; (i) Explosive manufacturing,
626 storage and distribution; (ii) Petroleum processing;
627 (iii) Processing or outside storage of salvage, scrap or
628 junk; p p
629 Military installations; x p
630 Mobile home sales; c x
631 Motion picture studios; p p
632 Petroleum processing; x c
633 Piers wharves and docks; x p
634 Printing, lithographic or publishing establishments; p p
635 Public buildings and grounds; p p
636 Public schools, colleges and universities, and private
637 schools, colleges and universities having similar academic
638 curriculums; c x
15
639 Use I-I I-2
640 Public utilities installations and substations including
641 offices; provided storage or maintenance facilities shall
642 not be permitted; and provided, further, that utilities
643 substations, other than individual transformers, shall
644 be surrounded by Category VI screening, solid except
645 for entrances and exits and provided also, transformer
646 vaults for underground utilities and the like shall require
647 only Category I screening, solid except for access
648 opening; p p
649 Public utility transformer stations and major transmission
650 lines and towers (fifty thousand (50,000) volts or more); c c
651 Radio or television transmission and relay stations; c c
652 Recreational facilities of an outdoor nature, which may
653 be partially or temporarily enclosed on a seasonal basis
654 with approval of city council, except that riding academies
655 and recreational campgrounds shall not be allowed as a
656 conditional use or otherwise; c x
657 Recreational facilities other than those of an outdoor
658 nature p p
659 Repair establishments; provided that no outside storage is
660 included (excluding mobile operative equipment); p p
661 Ship supply establishments and facilities; x p
662 Storage or processing of salvage, scrap or junk; x c
663 Terminals for freight or passengers arriving or departing
664 by ship; x p
665 Vocational, technical, industrial and trade schools. p p
666 Wholesale and retail establishments dealing primarily in
667 bulk materials delivered by ship, or by ship and railroad
668 or ship and truck in combination. x p
669 Wholesaling, warehousing, storage or distribution
670 establishments; p p
671 (b) Accessory uses and structures: Uses and structures which are
672 customarily accessory and clearly incidental and subordinate to
673 principal uses and structures, including, but not limited to, retail
674 establishments, dwelling or lodging units for occupancy by owners,
675 guards or caretakers; provided that such dwelling or lodging units shall
676 be located above or behind principal uses in such a way that they do not
677 interrupt commercial or industrial frontage.
678 Sec. 1511. Use regulations.
679 (a) Principal Uses and structures:
680 For parcels less than fourteen thousand (14,000) square feet in size,
681 any one of the following is allowed:
682 (1) Auditoriums and assembly halls;
683 (2) Boat sales;
684 (3) Business studios, offices, clinics and medical laboratories;
685 (4) Bicycle rental establishments;
16
686 (5) Child care and child care education centers;
687 (6) Commercial parking lots, parking garages and storage garages;
688 (7) commercial recreation facilities other than those of an
689 outdoor nature;
690 (8) Eating and drinking establishments, except as specified in
691 subsection (c)(6);
692 (9) Financial institutions;
693 (10) Funeral homes;
694 (11) museums and art galleries;
695 (12) NightGlubs, bars, e halls;
696 (!3) (12) off-site parking facilities, provided the provisions of
697 section 1505 are met;
698 (13) Personal service establishments, including barber and beauty
699 shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
700 dressmaking, tailoring and garment repair shops with
701 processing on the premises;
702 (14) Private clubs, lodges, social centers, eleemosynary
703 establishments and athletic clubs;
704 (-16) (15) Public buildings and grounds;
705 (16) Public utilities installations and substations including
706 offices; provided storage or maintenance facilities shall not
707 be permitted; and provided, further, that utilities
708 substations, other than individual transformers, shall be
709 surrounded by a wall, solid except for entrances and exits,
710 or by a fence with a screening hedge five (5) to six (6) feet
711 in height; and provided also, transformer vaults for
7 12 underground utilities and the like shall require only a
713 landscaped screening hedge, solid except for access opening;
714 (18) (17) Retail establishments, including the incidental manufacturing
715 of goods for sale only at retail on the premises; retail sales
716 and display rooms and lots, provided that yards for storage
717 of new or used building materials or yards for any scrap or
718 salvage operations or for storage or display of any scrap,
719 salvage or secondhand building materials or automobile parts
720 shall not be allowed;
721 For parcels greater than fourteen thousand (14,000) square feet, any one
722 of the following additional uses is allowed:
723 (19) Multi-family dwellings;
724 (20) Motels and hotels which may have in conjunction with them any
725 combination of restaurants, retail commercial use and
726 convention facilities, provided that uses in conjunction with
727 hotels and motels may not occupy more than 10% of the floor
7 28 area of all structures (excluding parking) located on the lot.
729 For parcels greater than forty thousand (40,000) square feet, any of the
730 above permitted uses may be used in combination on the same zoning lot
731 with other permitted uses.
732 (b) Accessory uses and structures: Uses and structures which are
7 3 3 customarily accessory and clearly incidental and subordinate to the
734 principal uses and structures:
735 (1) An accessory activity operated for profit in a residential
736 dwelling unit where there is no changed in the outside
737 appearance of the building or premises or any visible or
17
738 audible evidence detectable from outside the building lot,
739 either permanently or intermittently, of the conduct of such
740 business except for one (1) non-illuminated identification
741 sign not more than one (1) square foot in area mounted flat
742 against the residence; where no traffic is generated,
743 including traffic by commercial delivery vehicles, by such
744 activity in greater volumes than would normally be expected
745 in the neighborhood, and any need for parking generated by the
746 conduct of such activity is met off the street and other than
747 in a required front yard; where the activity is conducted on
748 the premises which is the bona fide residence of the principal
749 practitioner, and no person other than members of the
750 immediate family occupying such dwelling unit is employed in
751 the activity; where such activity is conducted only in the
752 principle structure on the lot; where there are no sales to
753 the general public of products or merchandise from the home;
754 and where the activity is specifically designed or conducted
755 to permit no more than one (1) patron, customer, or pupil to
756 be present on the premises at any one time. The following are
757 specifically prohibited as accessory activities: Convalescent
758 or nursing homes, tourist homes, massage parlors, radio or
759 television repair shops, auto repair shops, or similar
760 establishments.
761 (c) Conditional uses and structures: Uses and structures
762 hereinafter specified, subject to compliance with the provisions of part
763 C of article 2 hereof:
764 (1) Automobile and small engine repair establishments, provided
765 that all repair work shall be performed within a building;
766 (2) Automobile service stations; provided that, where there is an
767 adjoining residential or apartment district without an
768 intervening street, alley or permanent open space over twenty-
769 five (25) feet in width and where lots separated by a district
770 boundary have adjacent front yards, a six (6) foot solid fence
771 shall separate the automobile service station use from the
772 adjacent residential district and no ground sign shall be
773 within fifty (50) feet of the residential or apartment
774 district;
775 (3) Car wash facilities, provided that:
776 (i) no water produced by activities on the zoning lot shall
777 be permitted to fall upon or drain across public streets
778 or sidewalks or adjacent properties;
779 (ii) a minimum of three (3) off-street parking spaces for
780 automobiles shall be provided for each car wash space
781 within the facility.
782 (4) Churches;
783 (5) Dormitories for marine pilots;
784 .(6) Eating and drinking establishments which serve alcoholic
785 beverages for on-premises consumption and which are located
786 within 500 feet of a residential or apartment district or have
787 on-site Parking within 300 feet of a residential or al3artment
788 district;
789 +6+ (7) Heliports and helistops;
790 +W+ (8) Homes for the aged, disabled or handicapped, including
791 convalescent or nursing homes; maternity homes; child care
792 centers, other than those covered under permitted principal
793 uses and structures hereinabove, when not operated by a public
794 agency;
795 +B+ (9) Home occupations;
18
796 (10) Hospitals and sanitariums;
797 (11) Marinas, including facilities for storage and repair of boats
798 and sale of boating supplies and fuel;
799 (12) Mini-warehouses, provided that the yard shall be completely
800 enclosed except for necessary openings for ingress and egress
801 by a fence or wall not less than six (6) feet in height;
802 (13) Motor vehicle sales and rental, provided the miniinum lot size
803 is twenty thousand (20,000) scluare feet;
804 (14) Passenger transportation terminals;
805
806 (14) (15) Public utility storage or maintenance installations;
807 (19) (161 Radio and television broadcasting stations and line-of-sight
808 relay devices;
809 (16) (17) Recreational and amusement facilities of an outdoor nature,
810 which may be partially or temporarily enclosed on a seasonal
811 basis with approval of city council, provided that, in the
812 development of such properties, safeguards are provided to
813 preserve and protect the existing character of adjacent
814 properties, except that riding academies and recreational
815 campgrounds shall not be allowed as a conditional use or
816 otherwise.
817 Sec. 1521. Use regulations.
818 (a) Principal Uses and structures:
819 For parcels less than 20,000 square feet in size, any one of the
820 following is allowed:
821 (1) Auditoriums and assembly halls;
822 (2) Boat sales;
82 3 (3) Business studios, offices, clinics and medical laboratories;
824 (4) Bicycle rental establishments;
825 (5) Child care and child care education centers;
826 (6) Coiumercial parking lots, parking garages and storage garages;
827 (7) Commercial recreation facilities other than those of an
828 outdoor nature;
829 (8) Eating and drinking establishments, except as snecified in
830 subsection (c)(6);
831 (9) Financial institutions;
832 (10) Funeral homes;
833 (11) Museums and art galleries;
83 4 (12) liicjhtG!,abr., bar-r, a halls;
835 (13) (12) off-site parking facilities, provided the provisions of
836 section 1505 are met;
19
837 (13) Personal service establishments, including barber and beauty
838 shops, shoe repair shops, cleaning, dyeing, laundry, pressing,
839 dressmaking, tailoring and garment repair shops with
840 processing on the premises;
841 (14) Private clubs, lodges, social centers, eleemosynary
842 establishments and athletic clubs;
843 (16) (15) Public buildings and grounds;
844 (16) Public utilities installations and substations including
845 offices; provided storage or maintenance facilities shall not
846 be permitted; and provided, further, that utilities
847 substations, other than individual transformers, shall be
848 surrounded by a wall, solid except for entrances and exits,
849 or by a fence with a screening hedge five (5) to six (6) feet
850 in height; and provided also, transformer vaults for
851 underground utilities and the like shall require only a
852 landscaped screening hedge, solid except for access opening;
853 (18) (17) Retail establishments, including the incidental manufacturing
854 of goods for sale only at retail on the premises; retail sales
855 and display rooms and lots, provided that yards for storage
856 of new or used building materials or yards for any scrap or
857 salvage operations or for storage or display of any scrap,
858 salvage or secondhand building materials or automobile parts
859 shall not be allowed;
860 For parcels greater than twenty thousand (20,000) square feet,
861 any of the following additional uses are allowed and may be
862 used in combination with any of the permitted uses listed
863 above:
864 (!9) (18) Multi-family dwellings when developed in conjunction on the
865 same parcel with other allowed uses where the floor area of
866 the multi-family dwellings do not exceed seventy (70) per cent
867 of the total floor area of the entire project;
868 (20) (19) Motels and Hotels which may have in conjunction with them any
869 combination of restaurants, retail commercial use and
870 convention facilities, provided that uses in conjunction with
871 hotels and motels may not occupy more than ten (10) per cent
87 2 of the floor area of all structures (excluding parking)
873 located on the lot.
874 (b) Accessory uses and structures: Uses and structures which are
875 customarily accessory and clearly incidental and subordinate to the
876 principal uses and structures:
877 (1) An accessory activity operated for profit in a residential
878 dwelling unit where there is no changed in the outside
879 appearance of the building or premises or any visible or
880 audible evidence detectable from outside the building lot,
881 either permanently or intermittently, of the conduct of such
882 business except for one (1) non-illuminated identification
88 3 sign not more than one (1) square foot in area mounted flat
884 against the residence; where no traffic is generated,
885 including traffic by commercial delivery vehicles, by such
886 activity in greater volumes than would normally be expected
887 in the neighborhood, and any need for parking generated by the
888 conduct of such activity is met off the street and other than
889 in a required front yard; where the activity is conducted on
890 the premises which is the bona fide residence of the principal
891 practitioner, and no person other than members of the
892 immediate family occupying such dwelling unit is employed in
893 the activity; where such activity is conducted only in the
894 principle structure on the lot; where there are no sales to
895 the general public of products or merchandise from the home;
896 and where the activity is specifically designed or conducted
897 to permit no more than one (1) patron,-customer, or pupil to
20
898 be present on the premises at any one time. The following are
899 specifically prohibited as accessory activities: Convalescent
900 or nursing homes, tourist hoines, massage parlors, radio or
901 television repair shops, auto repair shops, or similar
902 establishments.
903 (c) Conditional uses and structures; Uses and structures
904 hereinafter specified, subject to compliance with the provisions of part
905 C of article 2 hereof:
906 (1) Automobile and small engine repair establishments, provided
907 that all repair work shall be performed within a building;
908 (2) Automobile service stations; provided that, where there is an
909 adjoining residential or apartment district without an
910 intervening street, alley or permanent open space over twenty-
911 five (25) feet in width and where lots separated by a district
9 12 boundary have adjacent front yards, a six (6) foot solid fence
913 shall separate the automobile service station use from the
914 adjacent residential district and no ground sign shall be
915 within fifty (50) feet of the residential or apartment
916 district;
917 (3) Car wash facilities, provided that:
918 (i) no water produced by activities on the zoning lot shall
919 be permitted to fall upon or drain across public streets
920 or sidewalks or adjacent properties;
921 (ii) a minimum of three (3) off-street parking spaces for
922 automobiles shall be provided for each car wash space
923 within the facility.
924 (4) Churches;
925 (5) Dormitories for marine pilots;
926 (6) Eating and drinkinct establishments alcoholic
9 27 beverages for on-premises c d which are located
928 within 500 feet of a residential or aioartli or have
929 on-site oarking within 300 feet of a residential or apartment
930 district;
931 (7) Heliports and helistops;
932 (8) Homes for the aged, disabled or handicapped, including
93 3 convalescent or nursing homes; maternity homes; child care
934 centers, other than those covered under permitted principal
935 uses and structures hereinabove, when not operated by a public
936 agency;
937 (9) Home occupations;
938 (10) Hospitals and sanitariums;
939 (10) (11) Marinas, including facilities for storage and repair of boats
940 and sale of boating supplies and fuel;
94 1 (11) (12) Mini-warehouses, provided that the yard shall be completely
942 enclosed except for necessary openings for ingress and egress
943 by a fence or wall not less than six (6) feet in height;
944 (13) Motor vehicle sales and rental, provided the minimum lot size
945 is twenty thousand (20,000) square feet;
946 (14) Passenger transportation terminals;
947 (15) Public utility storage or maintenance installations;
21
948 (15) (16) Radio and television broadcasting stations and line-of-sight
949 relay devices;
950 (!6) (17) Recreational and amusement facilities of an outdoor nature,
951 which may be partially or temporarily enclosed on a seasonal
952 basis with approval of city council, provided that, in the
953 development of such properties, safeguards are provided to
954 preserve and protect the existing character of adjacent
955 properties, except that riding academies and recreational
956 campgrounds shall not be allowed as a conditional use or
957 otherwise;
958 Adopted by the City Council of the City of Virginia Beach on
959 the 3 day of September 1991.
960 CA-91-4253
961 \ordin\proposed\45-203et.pro
962 R-1
22
- 10 -
Item I-H.l.
CONSENT AGENDA ITEM # 34857
Richard Whittemore, 313 Pike Circle, Phone: 426-7245, requested that City
Council direct the Planning Commission forward their recommendation back to
City Council within sixty (60) days rather than ninety (90) days.
Charles Traub, 784 Glasgow Court, Phone: 340-9056, requested the Planning
Commission address: deleting the exemption of governmental activities from the
Ordinance; delete the exemptions of lots and parcels created prior to the
adoption of the Ordinance; eliminate the authority of the Health Department to
waive the requirement for a reserve drainfield; strengthen the requirements
for buffer strips; make performance standards apply to all development
construction, regardless of size or numbers; add a provision requiring the
satisfactory percolation test for a septic system drainfield, any portion of
which will be within 500 feet of a surface waterway; and, include necessary
regulations to prevent the deposition of the estimated 30,000 tons of sediment
into Back Bay annually.
Sam Dwyer, 2437 Hillsborough Way, Phone: 468-5080, referenced the Public
Meetings on the Southern Watershed at Red Mill School. Mr. Dwyer said he was
advised interested citizens would be placed on a mailing list; however, he has
never received any further information.
Upon motion by Councilman Baum, seconded by Vice Mayor Fentress, City Council
ADOPTED, AS AMENDED:
Resolution directing the Planning Commission study
an amendment to Section 16 of the Stormwater
Management Ordinance re incorporation of the
Southern Watersheds Management Ordinance and make
its recommendation to City Council within n@Rety
(9C)) day@ sixty (60) days.
The following concerns of City Council shall be enumerated to the Planning
Commission:
The Planning Commission should consider the
Southern Watershed Management Ordinance in a Public
Hearing separate from the regular Planning
Commission agenda.
The Southern Watershed Management Ordinance shall
also address concerns related to development, as
well as agriculture.
The Planning Commission shall address exemptions of
development already zoned or approved to be zoned
but not developed (lots platted, but not built
upon) and the exemptions of five lots or less.
Item I-H.l.
CONSENT AGENDA ITEM # 34857 (Continued)
Voting: 9-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Vice Mayor Robert
E. Fentress, Harold Heischober, Paul J. Lanteigne,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Robert W. Clyburn and Louis R. Jones
A RESOLUTION DIRECTING THE PLANNING
COMMISSION TO STUDY AND GIVE ITS
RECOMMENDATION TO THE CITY COUNCIL
CONCERNING THE SOUTHERN WATERSHED
MANAGEMENT ORDINANCE AND ASSOCIATED RE20RT
WHEREAS, the watersheds of the North Landing River, the
Northwest River and Back Bay, collectively referred to as the
Southern Watersheds of the City, constitute a unique and sensitive
envirorunent; and
WHEREAS, the City Council desires to protect the quality of
waters within the Southern Watersheds of the City and to minimize
any increase in water pollution in order to protect, maintain, and
enhance both the immediate and the long-term health, safety and
general welfare of the citizens of the City of Virginia Beach; and
WHEREAS, a draft Southern Watersheds Management ordinance and
associated report have been completed and it is the desire of the
City Council to have the Planning Cormnission examine the ordinance
and report and forward its recommendation to City Council
concerning the proposed ordinance and/or any amendinents to existing
ordinances and to properly include appropriate changes to the
Comprehensive Plan that will protect the Southern Watersheds of the
City;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Planning Commission is directed to review the
proposed Southern Watershed Management ordinance and
associated report and forward its findings and recommendations
to the City Council as to ordinances to be adopted and
amendments to the Comprehensive Plan within 60 days.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 3 day of September 1991.
KL/kl
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 16
2 OF THE STORNWATER MANAGEMENT ORDINANCE,
3 PERTAINING TO INCORPORATION OF THE SOUTHERN
4 WATERSHEDS MANAGEMENT ORDINANCE
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 16 of the Stormwater Management Ordinance
8 of the City of Virginia Beach, pertaining to the incorporation of
9 the provisions of the Southern Watersheds Management ordinance, be,
10 and hereby is, amended and reordained, and shall read as follows:
11 Sec. 16. incorporation of Chesapeake Bay Preservation Area and
12 Southern Watersheds Management Ordinances.
13 The provisions of the Chesapeake Bay Preservation Area
14 Ordinance and the Southern Watersheds Management Ordinance, and any
15 future amendments thereto, are hereby adopted and incorporated by
16 reference as requirements of this ordinance in the areas of the
17 city to which they apply. Such provisions shall be deemed to be
18 in addition to, and not in lieu of, the provisions of this
19 ordinance except in cases of conflict, in which event the more
20 restrictive provision shall apply.
21 Adopted by the Council of the City of Virginia Beach,
22 Virginia, on this day of 1991.
23 CA-91-4384
24 \ordres\48-016.orn
25 R-1
1 AN ORDINANCE TO AMEND AND REORDAIN SECTION 30-
2 78 OF THE CODE OF THE CITY OF VIRGINIA BEACH,
3 PERTAINING TO INCORPORATION OF THE SOUTHERN
4 WATERSHEDS MANAGEMENT ORDINANCE
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 30-78 of the Code of the City of Virginia Beach,
8 pertaining to the incorporation of the requirements of the Southern
9 Watersheds Management Ordinance, be, and hereby is, amended and
10 reordained, and shall read as follows:
11 Sec 30-78. Incorporation of Chesapeake Bay Preservation
12 Area and Southern Watersheds Management
13 Ordinances.
14 The provisions of the Chesapeake Bay Preservation Area
15 ordinance and the Southern Watersheds Management Ordinance, and any
16 future amendments thereto, are hereby adopted and incorporated by
17 reference as requirements of this article in the areas of the city
18 to which they apply. Such provisions shall be deemed to be in
19 addition to, and not in lieu of, the provisions of this article
20 except in cases of conflict, in which event the more restrictive
21 provision shall apply.
22 Adopted by the Council of the City of Virginia Beach,
23 Virginia, on this day of 1991.
24 CA-91-4385
25 \ordres\30-078.orn
26 R-1
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH BY THE ADDITION OF AN APPENDIX
4 G THERETO, TO BE KNOWN AS THE
5 SOUTHERN WATERSHEDS MANAGEMENT
6 ORDINANCE
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
8 VIRGINIA BEACH, VIRGINIA:
9 That the Code of the City of Virginia Beach be, and
10 hereby is, amended and reordained by the addition of an Appendix
11 G thereto, to be known as the Southern Watersheds Management
12 Ordinance, which shall read as follows:
13 See. 1. Title
14 This ordinance shall be known as the Southern Watersheds
15 Management Ordinance of the City of Virginia Beach.
16 Sec. 2. Findings of fact.
17 (a) The watersheds of the North Landing River, the Northwest
18 River and Back BaV, collectively referred to herein as the
19 Southern Watersheds of the City, and the waterwavs thev contain,
20 constitute a unique and sensitive environment inclusive of coastal
21 primary sand dunes, tidal wetlands, nontidal- wetlands and
22 sensitive soils.
23 (b) Extensive floodplains and marsh frincfes borderincr the
24 waterways within the Southern Watersheds ]provide a unicrue and
25 valuable habitat. Lands adjacent to waterways have an intrinsic
26 water quality value due to the ecological and biological processes
27 they Perform r within them.
28 (c) Much of the land area coml)rising the so heds
29 currently supports agricultural, recreational, and conservation
30 activities. Fu evelopment must be undertaken in a
31 manner which encourages harmony among development, agriculture_
32 recreation and conservation.
33 (d) The primary toloogralphic feature characterizing the
34 Southern Watersheds is the flatness of the lands surrounding Back
35 Bay, the North Landing River, the Northwest River and their
36 respective tributaries. The lack of topographic relief is a
37 unique characteristic of the Southern Watersheds which must be
38 considered when undertaking development and agricultural
39 activities within the watersheds.
40 (e) Submerged aguatic vegetation and certain migratory
41 waterfowl populations have seriously declined within the Back Bay
42 watershed. Proper management of existing wetland habitats and the
43 reestablishment of aguatic vegetation can improve habitat
44 conditions for both migratory waterfowl and aguatic life.
45 (f) Back Bay is generally shallow with a few narrow
46 channels. Wind driven tides often inundate the lower floodplains.
47 wind tides, especially between March and September, can also
48 reduce the flushing rate of the Bay. Pollution and other water
49 cruality Problems tend to be exacerbated during periods of moderate
50 wind tides.
51 (q) The increase of nutrients such as phosphorus and
52 nitrogen accelerates eutrophication of receiving waters, adversely
53 affecting flora and fauna.
54 (h) Construction activities resulting in the alteration of
55 natural toiooqraphy and removal of vegetation tends to increase
56 erosion.
57 (i) Vegetated areas adioining waterways and wetlands protect
58 those resources from the negative impacts of adjacent land uses by
59 reducing the generation and transport of sediment if they are
60 designed to minimize concentrated flow.
61 (i) Indigenous ground cover, especially forested floor area,
62 is effective in holding soil in T)lace, therebv preventing site
63 erosion, and in filtering stormwater runoff. BV minimizing
64 impervious cover and land disturbance, rainwater infiltration is
65 enhanced and stormwater runoff reduced.
2
66 (k) While extended dry detention Best Management Practices
67 (BMPS) can achieve sianificant removal of suspended Pollutants-
68 the effectiveness of dry detention BMPs may be limited for many
69 pollutants because a significant percentage of urban runoff
70 Pollutant loading is in dissolved form. Research indicates that
71 dry detention BMPs have lower pollutant removal efficiencies than
72 wet Pond BMPS.
73 (1) Unstable ditch and canal banks and eroding marsh areas
74 cont nt and nutrients to receiving streams.
75 (m) The malor hydraulic pathways by which pollutants
76 generated by agricultural activities enter receiving streams are
77 surface runoff and aroundwater discharge. The major pollutants
78 are sediment, nutrients and pesticides.
79 (n) For agriculture tillage and cropping systems, nutrien_ts
80 animal waste management, irrigation, drainage, Pest management and
81 other factors must be considered in conlunction with each other.
82 (o) The implementation and assessment of agricultural Best
83 Management Practices (BMPS) must be Performed within the framework
84 of the entire farming system.
85 (iD) A realistic program for the implementation of
86 agricultural BMPs cannot be developed in the absence of a holistic
87 assessment of BMP effectiveness and impac s, including
88 environmental, economic, social and other motivational factors.
89 (q) Recent reports by state agencies indicate that a
90 fundarnental change in attitudes and be avior with respect to water
91 cruality appears to be emeraina through voluntary efforts.
92 Incentives and Deer Pressure should continue to be used in order
93 to sustain and accelerate accomplishments in iprotecting water
94 quality.
95 See. 3. oblectives
96 This ordinance is intended to Protect the auality of waters
97 within the Southern Watersheds of the City and to minimize any
98 increase in water pollution. In order to Protect, maintain, and
99 enhance both the immediate and the long-term health, safety and
3
100 general welfare of the citizens of the city of Virginia Beach,
101 this ordinance has the following oblectives:
102 (a) To encourage productive and enjoyable harmony among
103 agricultural, recreational, develolpmental and conservation
104 interests, and the natural resources of the City;
105 (b) To Protect the chemical, Physical and bioloaical
106 integrity of waters within the Southern Watersheds;
107 (c) To encourage the construction of drainage systems which
108 maintain or functionally approximate existing natural systems;
109 (d) To encourage the Protection of natural drainagewavs and
110 the use of them in ways which do not impair their beneficial
ill functioning;
112 (e) To minimize the transport of pollutants to the waters of
113 the Southern Watersheds;
114 (f) To Protect groundwater;
115 (q) To minimize erosion and sedimentation;
116 (h) To Prevent damage to wetlands;
117 (i) To Prevent damage from flooding, while recognizinq that
118 natural fluctuations in water levels are beneficial;
119 (i) To iorotect, restore and maintain fish and wildlife
120 habitat in the Southern Watersheds; and
121 (k) To improve drainage systems in a manner which Promotes
12 2 bank stabilization, utilizing both structural and non-structural
123 methods.
124 Sec. 4. Definitions.
125 The following words and terms used in this ordinance shall
126 have the following meanings, unless the context clearly indicates
127 otherwise:
128 (a) Agricultural Lands. Those lands used for the Planting
129 an-d harvesting of crops or Plant growth of any kind in the open,
13 0 Pasture, horticulture, dairy farming, floriculture, or the raising
131 of Poultry or livestock.
132 (b) Best Management Practice (BMP). A ipractice, or
13 3 combination of ipractices, determined to be the most effective
4
134 Practical means of preventing or reducing the amount of Pollution
135 generated by nonpoint sources to a level compatible with water
136 cruality goals.
137 (c) Clearing. The removal of trees and brush from the land,
138 but not including the ordinary mowing of grass.
13 9 (d) Construction Footprint. The area of all imlpervious
140 surface created by development of land, including, but not limited
141 to buildings, roads, construction staging areas, drives, Parking
142 areas and sidewalks, and any other land disturbed for the
143 construction of such improvements.
144 (e) Conventional Tillage. The combined primary and
145 s-econdary tillage operations normally Performed in Prelparing a
146 seedbed for a given crop grown in a given geocfraphical area.
147 (f) Detention. The collection and storage of surface water
148 f-or subseguent gradual discharge.
149 (q) Developer. Any Person who engages in development,
150 either as an owner, or as the aqent or representative of an owner-
151 o-f Property.
152 (h) Development. The construction or installation of any
153 improvement udon a uarcel of land. or anv land disturbance,
154 wh undertaken in connection with development, but not
155 including activities associated with agriculture or silviculture
156 or the construction of improvements used Primarily for
157 agricultural purposes.
158 (i) Drainage Facility. Any man-made or artificially altered
159 co-mponent of the drainaae svstem.
160 (1) Drainage svstem. The system through which water flows
161 f-rom the land, includina all watercourses, water bodies and
162 wetlands.
163 (k) Erosion. The wearina or of soil by the
164 action of wind or water.
165 (1) Flood. A temporary rise in the level of any water body,
166 watercourse or wetland whic the inundation of areas
167 not ered bv water.
5
168 (m) Grade Control,. A mec
169 coll( ater t a
170 lowei
171 ditch bank.
172 (n)
f
173
174 S,
175 excessive water.
176 (0)
177 cove
178 includinq, but
179 conventionally surfaced kinq lots,
180 les.
181 (,D)
182 cont or resu verincr of th-e
183
184 Ln
185 sha-
186
187 (C[)
188 Of e communities P-ria and
189 other flora and fauna whic e
190 soil or in the water.
191 (r) Nontidal Wetlan 1
192 ated by
193 water at a freguencv and duration sufficient to support, and that
194 n
195 typically adapted for 1 !onditions., as
196 ia Beach soil
197 ckbay Muckv-. Peat; Duckston portion of
198 Luck-ston-Corolla Fine Sands; Dorovan Muckv Pi
199
200
201 (s) Noxious Weed. t
202 conflicts with, erfere ment
6
2 03
204 Johnsoncirass and Shattercane-
205 (t) irm,
206 part rqan v or
207 combination thereof.
208 (u) Prot)erty Line 1 used as, or
2 09 ted upon, a
2 10
211 (V) land
e
2 12
213 ditches or in a closed COnduit s stem,
214 (W) and s
215
216 (X) 1 or
217 ora@ in sus
218 (V) is
219 water
220 ettled.
22 1 (z) Shoreline. Land i-mmediatelv adiacent to a body of a@ter
222 having water no less least
223 five (5) feet seaward Of the
224 (aa) of
2 25 tracts, lots or parcels of land which are in common ownershi or
2 2 6
2 27
228 (bb) Structure. Th n
229 7 kind or anY
23 0 built up or composed of parts joined together in some definite
231 fences 0 ns-
23 2 (cc) Subdivision. The division of any parcel of land into
233 two (2) or mor term shall include all
234 'le cr w lots involvin an
235 s
236 involved in suc
7
2 37 alpipropriate.. to the context, the. term shall the
238 process of subdividing and the territory subdivided.
239 (dd) Tidal Wetlands. Vegetated and nonvegetated wetlands as
240 defined in Section 1401 of the City Zoning or inance.
24 1 (ee) Tillage Ecruipment. Farm eauipment commonlv used to
242 invert the soil surface 1 ng, but not limited to, disc
243 harrows and moldboard Plows.
244 (ff) Tributary Stream. A watercourse contiauous to wetlands
245 or shorelines. as defined ance.
246 (qq) Vegetation. All Plant q dina. but not
247 limited to, trees, shrubs, vines, ferns, mosses and.grasses.
248 (hh) Waters or Community of Waters. Any and or
2 49 beneath the surface of the ground, includina the water in any
250 watercourse. r drainage system and diffused surface
2 51 water and water loercolating, standing or flowing beneath the
252 surface of the ground, as well as coastal waters.
253 Watercourse. or artificial stream, river,
254 creek, channel, ditch, canal, conduit, culvert, drain, waterway.
2 55 gully, ravine, swale or wash in which water flows in a definite
256 direction, either continuouslv or intermittently, and which has a
257 definite channel, bed or banks.
2 58 water-Dependent Facility. A development of land which
259 mu on a shoreline by reason of its intrinsic nature
260 including, but not limited to, iports, intake and outfall
261 structures of power plants, water treatment ulants. sewage
2 62 treatment Plants, storm sewer outfalls, marinas and other boat
263 docking structures, beaches and other Public water-oriented
264 recreational areas, fisheries or other marine resource facilities
265 and shoreline protection measures as authorized under the
266 provisions of the Wetlands Zoning ordinance. In the case of
267 facilities having both water-dependent components and components
2 68 which are not water-dependent, only those portions which are
269 water-dependent shall fall within this definition.
27 0 (kk) Wetlands. Tidal and nontidal wetlands as defined
271 herein.
8
272 jec. 5. Applicability-.
273 This ordinance shall apply to development ut)on all lands
274 within the watersheds of the North I the Northwest
27 5 River and B lectively referred to he
276 Southern Watersheds and, to the extent set forth in Section 10 of
277 this ordinance, to agricultural activities with@ rn
278 Watersheds.
279 Sec. 6. tions.
280 The followina activities shall be exempt from the provisions
281 of this ordinance:
282 (a) Maintenance, .-or improvements of exist"n
283 structures not changing or affecting the cfuality, rate, volume or
284 location of surface water discharge; r)rovided, hoi
285 such activity resulting in a land disturbance exceeding an area of
286 two thousand, five hundred (2,500) sauare feet shall be reauired
287 to comply with the erosion and sediment control requirements set
288 forth in Sections 30-56 through 30-78 of the City Co
289 (b) Development upon any lot or parcel of land lawfully
290 created prior to the date of adoption of this ordinance; and
291 (c) Construction, installation, operation and maintenance of
292 electric, telephone, cable and gas lines and their aDDurtenant
293 structures, provided that:
294 (1) To the greatest Practicable degree, the location of
295 such facilities shall be located outside of
296 wetlands and shorelines;
297 (2) No greater area of land shall be disturbed than is
298 necessary;
299 (3) The construction, installation, operation and
3 00 maintenance of such facilities shall comply with
301 all applicable state and federal reguirements and
302 shall be designed and constructed in a manner which
303 minimizes adverse effects upon water quality; and
9
3 04 (4)
305 thousand, five hundred (2,500) scruare feet shall
306 comply with the erosi
307 reguirements n Sections 30-56 through
308 30-78 of the City Code,
309 ec. 7. Performance sta dards-
310 (a) Development resulting in or reauiring a land disturbance
311 exceedina an area of.two thousand, five hundred (2.500) scruare
3 12 feet shall comply with the erosion nt control
313 reauirements set forth in Sections 30-56 through 30-78 of the City
314 Code.
3 15 (b) on sites greater than or (1) acre in area
316 and not served by the public sewer system. a reserve sewage
317 disposal drainfield site wit. to that of
318 the primary sewage disposal drainfield site sha d,
319 unless, in the ludgment of the Virginia Beach Health District of
320 the Virginia Health Department, the
32 1 insufficient rve drainfield site. The
3 22 construction ion of any impervious surface shall be
323 Y)rohibited on the area of all sewage disposal drainfield sites_
324 including reserve drainfield sites, until the Property is served
325 by the nublic sewer svstem.
3 2 6 (c) Development n fiftv (50) feet of. any
327 wetland or shoreline shall be prohib.ited; Provided, however. that
328 vegetation may be cleared for the establishment of access paths if
3 29 such removal is undertaken in a manner which minimizes land
330 disturbance and impacts to remainina d maintains the
3 3 1 functional valiie of the fifty-foot area as a stormwater filter;
33 2 and provided further, that water-dependent facilities mav be
333 located within such area.
334 (d) The following additional Derformance standards shall be
335 reauirements of all develodment. exced, s of less than
336 five (5) single-family or duplex residential lots:
10
3 37 (1) After develolpment, runoff from the site shall
338 apiproximate low and.timing of runoff
3 39 that would have occurred followin the same
34 0 rainfall under Predevelopment conditions and, to
341 the extent idracticable, natural conditions unless
342 runoff is di a regional BMP faci t@'
3 4 3 (2) Measures ensuring compliance with the followina
344 design storm event criteria shall be incordorated:
345 Par el size Design Storm Event
346 Less than 300 acres 10-year storm
347 300 to 500 acres 25-year storm
348 Greater than 500 acres 50-year storm
349 (3) The natural hydrodynamic characteristics of the
350 watershed shall be maintained;
3 51 (4) The guality of surface waters and ground ater shall
352 be Protected;
3 5 3 (5) Erosion during and after development shall be
354 minimized-
355 (6) Groundwater levels shall be-Protected;
356 (7) The beneficial functioning of wetland
357 the natural storacre of surface waters and the
358 chemical reduction and assimilation of nollutants
359 shall be protected;
360 (8) The location, construction or design of structures
361 in areas prone to flooding shall be undertaken in
3 62 such manner as to prevent increased floodincr and
363 damage resulting from such development.,
3 64 (9) Salt water intrusion shall be prevented or
365 minimized;
3 66 (10) Natural fluctuations in salinity levels in
367 estuarine areas shall not be altered;
368 (11) Land disturbance shall be minimized; and
369 (12) Iniury to flora and fauna and adverse impacts upgn
370 fish and wildlife habitat shall be minimized.
11
371 See. S. DeSign criteria.
372 In order to ensure that the obiectives of this ordinance and
373 the nerformance standards set forth hereinabove will be attained,
374 development subiect to the Provisions of Subsection 7(d) shall be
375 in accordance with the following reguirements, which shall be in
376 addition to the reguirements of Subsections (a) . (b) and (c) of
377 Section 7:
3 78 (a) Channeling runoff directly into water bodies shall be
379 prohibited, and stormwater runoff shall be routed through systems
38 0 designed to increase time of concentration, decrease velocity,
3 81 increase infiltration, allow suspended solids to set le and remove
382 pollutants;
383 (b) Natural watercourses shall not be dredged, cleared of
384 vegetation, deepened, widened, straightened, stabilized or
385 otherwise altered, except for the purpose of normal maintenance.
386 Maintenance of such watercourses shall be in accordance with the
387 erosion and sediment control reguirements of Sections 30-56
388 through 30-78 of the City Cod_e,
389 (c) Water shall be retained or detained before it enters any
390 natural watercourse in order to preserve the natural hydrodynamics
391 of the watercourse and to prevent siltation or other pollution;
392 (d) Streambank erosion control shall be designed so as to
393 meet or exceed the minimum state stormwater management criteria,
394 which require that stormwater runoff be discharged into a channel
395 which conveys runoff from a two-year storm event without flooding
396 or erosion;
397 (e) The area of land disturbed by development shall be as
398 small as Practicable. Those areas which are not to be disturbed
399 shall be protected from construction activity by adequate
400 barriers. Whenever Possible, all natural vegetation shall be
401 retained and protected on the development site;
402 (f) Wetlands and water bodies shall not be used as sediment
403 traps during development;
12
404 (a) Erosion and sedimentation facilities shall r ce@ive
405 maintenance as Prescribed by the approved Management Plan ired
406 by Section 9 ance:
407 (h) Artificial watercourses shall be desianed to reflect the
408 degree of erodibility of soil types through which such
409 watercourses are constructed and to result in flow velocities
410 sufficiently low to prevent erosion of the banks or bed of such
411 watercourses:
412 (i) Stormwater management Ponds shall be used to.detain and
4 13 retain the
4 14 development. from detention yond into
415 watercourse or wetlands at a rate and in a manner audroximatinq
416 the natural flow which would have occurred before developmentl
417 (1) The use of wetlands for storing and Purifyina water is
418 encouraged, provided their capacity is not overloaded, therebv
419 harming the wetlands and transitional veaetati shall
420 not be damaged by the construction of detention ponds;
421 (k) Best manaaement uractice (BMP) facilities shall not be
422 used as sediment traps during construction unless so designe and
423 approved in accordance with the Management Plan;
424 (1) No structural best management practice (BMP) facility
425 shall be constructed within the 10-year floodylain@
42 6 (m) The use of t manaaement nractice (BMP)
427 facilities, both structural and non-structural, is encouraged;
42 8 (n) Stormwater management facilities incorporating the
429 following design criteria are encouraged:
430 (1) Retention areas should be desianed so that
431 maintenance necessitated from siltation deposition
43 2 is easily achieved. Forebay areas should be
433 constructed at each stormwater inflow site, and an
434 emergent wetlands bench should be established
435 around the forebay perimeter,
43 6 (2) Retention areas should include an emergent wetlands
437 bench area around the perimeter of the facility,
438 Shorelines shall be designed so that benched areas
13
439 are winding rather ht. thereby
440 maximizing the lencith of sb offerina
441 m
442 (3) Retention areas
443 desicfned to include a dewatering facil tv to
444 capture all sediment;
445 (4) Maintenance access routes should be Provided to all
446 s
447 facilities-
448 (5) Retention area facilities should include the
449 iplanting of arasses a s and woody
450 vegetation aloncf the perimeter of such fa ilities
451 to imiprove aesthetics and below the top of bgnk_to
452 promote water quality improvement' and
453 (6) Infiltration facilities should not be located under
454 areas of impervious cover and
455 (0) stormwater, and potable water supply
456 facilities and facilities used for the underaround stora@of
457 petroleum Droducts shall be designed and located so ze
458 water guality benefits wh 9-
459 Sec. 9. Southern Watersheds Manacrement Plan.
460 (a) The developer of any land heds
461 shall, prior to undertakina anv land-disturbincf activity, submit
462 a Southern Watersheds Manaclement Plan if such development is
463 subiect to the recluirements of section 7(d) hereof. No such land-
464 disturbing activity shall take Place until the Plan is apdroved
465 and all rectuired Permits and approvals have been aranted. There
4 66 shall be included in the Plan sufficient information for the
467 Develor>ment Services Center and the Denartments of Planni@
468 Natural Resources and Rural Services and Public Works to evalua+--
469 the environmental characteristics ted areas. the
470 ipotential and predicted impacts of the nroposed activity on waters
471 and wetlands within the Southern Watersheds and the effectiveness
472 and acceptability of those measures Proposed by the applicant for
14
473 en'tc zing adverse impacts.
474 mays, charts, gralphs, tables, Photographs, narrative descrip lo@ns
475 and e"lanations and citations to supp tin references as
476 appropriate, to communicat
477 section.
478 (b) The iplan shall contain the name, address and teleph n@e
479 number of the owner of the Property developed and the
480 develot)er. In addition, the legal description of the nrodertv
481 shall be provided and its location with reference to such
482 landmarks as maior waterbodies, adloining roads, r
483 subdivisions
484 (c) The Plan sha detailed description of the
485 existing environmental and hydrologic conditions of the site and
486 receiving waters, including the following inform ti@on.
487 (1) The direction, flow rate
488 runoff under existing conditions;
489 (2) The location
490 collects or percolates into the ground;
491 (3) A description of all watercourses, water bodies and
492 wetlands on or adiacent to the site or into which
493 storinwater f lows. Information regarding heir
494 water auality and the current water quality
495 classification, if any, given them by the Virginia
496 Water Control Board shall be included.,
497 (4) Groundwater including seasonal
498 fluctuations;
499 (5) I.ocation of f loodt)lains. includincf f loodwa s and
500 flood fringes;
501 (6) Identification of vegetation existing on the site,
502 (7) The topography of the site; and
503 (8) Soil types existina on the site.
504 (d) Proposed alterations of any site contai. cent
505 to, a wetland or shoreline shall be described i.n detail. Such
506 description shall address:
507 (1) Changes in topograt)hv res, evelodment;
15
508 (2) Areas where v
509 (3) Areas to be c surfaces
510 including a description of the
511 and
512 (4) The size, location and proposed use of any
513 buildings or other structures.
514 (e) Predicted impacts of the n
515 existincf conditions shall be described in detail. Such
516 description shall address:
517 (1) Changes in wate lit
518 (2) lels;
519 (3) Changes in the duration of floodin
520 on the site and upstream and downstream from it'
521 and
522 (4) Impacts on wetlands.
523 (f) A Plan for the control of.stormwater runoff, id
524 all components of the drainage system and
525 detention. retention or infiltration of water, shall be described
526 in detail.
527 (q) The location of on-site notable water wells and
528 wastewater facilities shall be identified.
529 (h) The iplan shall include any other information which the
530 developer or the Departments
53 1 is reasonablv necessary for an evaluation of impacts. of the
532 development upon water auality.
533 Sec. 10. Agricultural Lands.
534 (a) Persons enaaaed in aaricultural activities are
535 encouraged to ext)lore and make use of all available resources
53 6 offered in connection with the conservation of aaricultural lands,
537 including personal contacts, on-site concerning the
538 usage of Potential acfricultural best management practices, focused
539 educational programs, demonstration and education Proiects, cost-
540 share incentives and technical assistance provided by citv. state
541 and federal resource agencies.
16
542 (b) The fo
543 activities within the Southern Watershed-.
544 (1) Tillage eguipment shall ot disturb soil lcated
545 w v d i It- Lc; lh--
546 (2)
547 area no less than four (4) feet shall be maintained
548 in an undisturbed condition along an rt line
549 ditch, or ditch maintained by the CitV. areater
550 B
551 that control of noxious weeds shall h,- nermitted,
552 (3)
553 hoe drain outlets conticfuous to propertv line
554 ditches, or ditches maintained
555 than four (4) f
556 (4) Unstable lprolpertv line ditches cfreater than four
557
558 seeding, Pla ;tructures or
559 other appropriate and effective tech eS-
560 see. ii. Procedures.
561 (a) A lpre-submittal meeting with the Deve ices
562 Center to discuss the proiect in order to fa
563 development review Process is encouraged.
564 (b) A processincf fee shall be collected at the tim the
565 Southern Watersheds Plan is
566 cost of administratior, rdinance, including c s@ts
567 associated with plan review, issuance of Permits, neriodic
568 inspection for compliance with aPT)roved olans, and nec ar
569 enforcement. Such fee shall be in an amount ectual to the fee
570 required bv Section 7 of the Stormwater Management ordinance.
571 (c) Within sixty (60) working days after submission of the
572 completed Southern Watersheds Plan, the Development Services
573 Center shall approve the Plan, with or without specified
574 conditions or modifications. or reiect the Plan, and shall notify
575 the applicant accordingly. If the Development Services Center has
17
57 6 not rendered a decision within sixt 60 wo@kin da s after
577 submission of t @ deemed approved and the
578 roceed with the Prou0se.d
579 activity. If the Plan is
580 Services Center shall specify such modifications, terms or
581 conditions as will allow aDD Pla however,
582 :he responsibility of the
583 Services Center olect.
584 (f) The Southern Wat ement Plan shall not be
585 approved unless it clearly indicates that the Proposed develoi3ment
586 meets all reguirements of this ordinance reguirements
587 as have been deleted or modified Pursuant to variance.
588 @ Insipections. No Southern Watersheds Management Plan
589 shall be apr)roved without adeguate provision for inspection of the
590 proipertv. as ollows.
591 (1) Initial inspection: prior to approval of the
592 Manacrement Plan:
593 (2) Bury insdection: prior to burial of any underqround
594 drainage structure,
595 (3) Erosion control insdect
596 disturbing activity and as deemed necessarv
597 thereafter to ensure effective control of erosion
598 and sedimentation- and
599 (4) Finish inspection: at such time as all land
600 disturbing or development activities have been
601 completed.
602 Sec. 12. variances and appeals.
603 (a) The city manager or his designee may authorize in
604 specific cases a variance from any reauirement of this ordinance
605 which will not be contrary to the Public interest when, by reason
606 of the existence of special conditions, a strict enforcement of
607 such reguirement will result in unnecesgary hardship. No variance
608 shall be authorized unless:
18
609 (1) Strict al?plication of the ordinance
610 undue hardship;
611 (2) The condition cfiving rise to the asserted hardship
612 is not of so general or recurring nature as to make
613 reasonably practicable the formulation of general
614 regulations to be adopted as an amendment to the
615 ordinance; and
616 (4) The granting of the variance will not:
617 (i) Increase or decrease the rate or volume of
618 stormwater runoff;
619 Have an adverse impact on a wetland,
620 shoreline, watercourse or water body;
62 1 (iii) contribute to the degradation of water
622 auality;
623 (iv) Be of substantial detriment to adiacent
624 property or adversely affect the character of
625 adjoining neighborhoods; or
626 (v) otherwise impair attainment of the oblectives
627 of this ordinance.
628 W-hen a variance is granted, the City Manager or his designee may
629 attach such conditions and safeguards as are deemed necessary to
630 Protect water quality in the Southern Watersheds, and may require
63 1 a guarantee or bond to assure compliance. Any person aggrieved of
632 the decision of the City Manager or his designee may appeal such
633 decision to the Circuit Court within thirty (30) days of the date
634 of such decision. Review of such decision shall be in accordance
635 with the procedures and standards of the Administrative Process
636 Act.
637 (b) Any decision, determination or order made by any officer
638 in the administration or enforcement of this ordinance may be
639 appealed to the Circuit Court within thirty (30) days from the
640 d-ate of such decision, determination or order. Review of such
641 decision shall be in accordance with the Procedures and standards
642 of the Administrative Process Act.
19
643 Sec. 13. everabilit -
644
r
645
646 unei
647 remz
648 Sec. 14. Enforcement.
649 (a)
650 a Soutihie s Mana
651 rary to suc an shall ce
652 and
653 law
654 law exists.
655 (b) In additio
ions
656 vided,
aeu
657 punished by a fine of not more than One
658 thousand dollars ($1
659 pei either or both.
660 (c) Without limitin d
661 IOU] is section, the City may brinci a civil action
662 aqi nv of s of
663 this ordinance. Such ac iion
664 T)ei thou
665 violation.
666 (d) With the consent of any lpers
667 failed, neglected or refused to com lions
668 of this ordinan(
669 in an order issued by him against such person, for the nt of
670 a civil charcfe of not more tha ?,000.00);
671 provided, however, that SuCh order shall not excuse liance
672 with any of the Provisions of this ordinance.
673 (e) Prior to the approval of any Southern watersheds
674 Management Plan, there shall of the licant a
675 reasonable Performance bond, cash escrow, edit or
676 other legal surety or combination thereof acceptable to the City
20
677 Attorney to ensure that measures may be taken by the City. at the
678 applicant's expense, should he fail, after reasonable notice,
679 within the time specified in such notice, to comt)lv with the
680 reguirements of this ordinance. Within sixty (60) days of the
681 final inspection of the development activity, such suretv. or the
682 unexpended or unobligated Portion thereof, shall be returned to
683 the applicant or terminated, as the case may be.
684 (f) Upon notice from the City Manager or his designee that
685 any activity is being conducted in violation of any of the
686 provisions of this ordinance, such activity shall immediately be
687 stopped. An order to stop work shall be in writing and shall
688 state the nature of the violation and the conditions under which
689 activity may be resumed. No such order shall take ef
690 has been tendered to the owner of the prol)erty ulpon which the
691 activity is conducted or his agent or to the Person conducting
692 such activity. Any person who continues an activity ordered to be
693 stopped, except as directed in the stop-work order, shall be
694 guilty of a violation of this ordinance.
695 see. 15. vested rights.
696 The provisions of this ordinance shall not affect the vested
697 rights of any person under existing law.
698 Sec. 16. Effective date.
699 This ordinance shall become effective on the date of its
700 adoption.
701 Adopted by the Council of the City of Virginia Beach,
702 Virginia, on this day of 1991.
703 CA-90-3961
704 \ordres\swmo.orn
705 R-2
21
- 12 -
item 1-H.2. a/c/d
CONSENT AGENDA ITEM # 34858
Upon motion by Counci iman Heischober, seconded by Counci iman Sessoms, CitY
Council ADOPTED:
Resolutions requesting the Virginia Department of
Transportation establish an urban system highway
project for improvement and construction ot the
tollowing:
Birdneck Road from Southern Boulevard to General
Booth Boulevard, a distance of approximately 2.5
miles (Birdneck Road Phase 11 CIP 2-149)
Kempsville Road from the WCL to Genterville
Turnpike, a distance of approximately 1.0 mile
(Kempsville Road Phase Ill (CIP 2-139)
London Bridge Road from International Parkway to
Route 44, a distance of approximately 2.5 miles
(Great Neck Road Phase IV and London Bridge Road
Phase Ill CIP 2-137)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
RESOLUTION
WHEREAS, in accordance with virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program an urban highway project in the city of Virginia
Beach; now
THEREFORE BE IT RESOLVED, that the Council of the City of
virginia Beach, Virginia requests the Virginia Department of
Transportation to establish an urban system highway project for the
improvement of London Bridge Road from international Parkway to
Route 44, a distance of approximately 2.5 miles. This project is
referred to as the city's Great Neck Road Phase IV and London
Bridge Road Phase III CIP 2-137 road project.
BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach hereby agrees to pay its share of the total cost for
preliminary engineering, right-of-way and construction of this
project in accordance with Section 33.1-44 of the Code of Virginia,
and that, if the City of Virginia Beach subsequently elects to
cancel this project, the city of Virginia Beach hereby agrees to
reimburse the Virginia Department of Transportation for the total
amount of the costs expended by the Department through the date the
Department is notified of such cancellation.
Adopted by the Council of the City
of Virginia Beach, Virginia on this
Third September
day of
1991.
nfe
RESOLUTION
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program an urban highway project in the City of Virginia
Beach; now
THEREFORE BE IT RESOLVED, that the Council of the city of
Virginia Beach, Virginia requests the Virginia Department of
Transportation to establish an urban system highway project for the
improvement of Birdneck Road from Southern Boulevard to General
Booth Boulevard, a distance of approximately 2.5 miles. This
project is referred to as the city's Birdneck Road Phase II CIP 2-
149 road project.
BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach hereby agrees to pay its share of the total cost for
preliminary engineering, right-of-way and construction of this
project in accordance with Section 33.1-44 of the Code of virginia,
and that, if the City of Virginia Beach subsequently elects to
cancel this project, the City of Virginia Beach hereby agrees to
reimburse the Virginia Department of Transportation for the total
amount of the costs expended by the Department through the date the
Department is notified of such cancellation.
Adopted by the Council of the City
of Virginia Beach, virginia on this
Third day of September
1991.
nfe
RESOLUTION
WHEREAS, in accordance with Virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by council resolution be made in order that the
Department program an urban highway project in the City of Virginia
Beach; now
THEREFORE BE IT RESOLVED, that the Council of the City of
Virginia Beach, Virginia requests the Virginia Department of
Transportation to establish an urban system highway project for the
improvement of Kempsville Road from the WCL to Centerville
Turnpike, a distance of approximately 1.0 mile. This project is
referred to as the city's Kempsville Road Phase III CIP 2-139 road
project.
BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach hereby agrees to pay its share of the total cost for
preliminary engineering, right-of-way and construction of this
project in accordance with Section 33.1-44 of the Code of Virginia,
and that, if the City of Virginia Beach subsequently elects to
cancel this project, the City of Virginia Beach hereby agrees to
reimburse the Virginia Department of Transportation for the total
amount of the costs expended by the Department through the date the
Department is notified of such cancellation.
Adopted by the Council of the City
of Virginia Beach, Virginia on this
Third day of September
1991.
nfe
1 3
Item 1-H.2.b
CONSENT AGENDA ITEM # 34859
MoII y Brown, 2232 San dpiper Road, Phone: 721 -500 1 , Pres i dent of "Fr i ends of
Back Bay / Save our Sandbridge", spoke in OPPOSITION.
Upon motion by Counci Iman Heischober, seconded by Counci lman Clyburn, City
Council ADOPTED:
Resolution requesting the Virginia Department of
Transportation establish an urban system highway
project for improvement and construction of the
following:
Ferrell Parkway from General Booth Boulevard to
Sandfiddler Road, a distance of approximately 3.6
miles (Ferrell Parkway Phase VI and VII CIP 2-150)
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan and William D. Sessoms, Jr.
Council Members Voting Nay:
Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
RESOLUTION
WHEREAS, in accordance with virginia Department of
Transportation construction allocation procedures, it is necessary
that a request by Council resolution be made in order that the
Department program an urban highway project in the city of Virginia
Beach; now
THEREFORE BE IT RESOLVED, that the Council of the City of
Virginia Beach, Virginia requests the Virginia Department of
Transportation to establish an urban system highway project for the
construction of Ferrell Parkway from General Booth Boulevard to
Sandfidder Road, a distance of approximately 3.6 miles. This
project is referred to as the city's Ferrell Parkway Phase VI and
VII CIP 2-150 road project.
BE IT FURTHER RESOLVED, that the Council of the City of
Virginia Beach hereby agrees to pay its share of the total cost for
preliminary engineering, right-of-way and construction of this
project in accordance with Section 33.1-44 of the Code of Virginia,
and that, if the City of Virginia Beach subsequently elects to
cancel this project, the City of Virginia Beach hereby agrees to
reimburse the Virginia Department of Transportation for the total
amount of the costs expended by the Department through the date the
Department is notified of such cancellation.
Adopted by the Council of the City
of Virginia Beach, Virginia on this
Third day of September
1991.
nfe
- 14 -
Item 1-H.3.a.
CONSENT AGENDA ITEM # 34860
Upon motion by Counci Iman Sessoms, seconded by Counci Iman Baum, City Counci I
ADOPTED:
Ordinance to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia, pertaining to
appropriations ordinances/resolutions.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne and
William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McCianan, Mayor Meyera E. Oberndorf and Nancy
K. Parker
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 2-187 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 A P P R 0 P R I A T I 0 N S
6 ORDINANCES/RESOLUTIONS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Section 2-187 of the Code of the city of virginia Beach,
10 Virginia, is hereby amended and reordained to read as follows:
11 Section 2-187. Passage of ordinances or resolutions
12 appropriating money, imposing taxes or
13 authorizing borrowing of money.
14 No ordinance or resolution appropriating money exceeding the
15 suin of five hundred dollars ($500.00), imposing taxes or
16 authorizing the borrowing of money shall be passed, except by a
17 recorded affirmative vote of a majority of all the members elected
18 to the council.
19 8)EE
20 t-a@rop or autheriali;g the bar-r-o;,;Ing Gf me;iey
21 same day of its
22 Adopted by the Council of the City of Virginia Beach,
23 virginia on the 3 day of September 1991.
24 CA-4328
25 \ordin\proposed\02--187.pro
26 R-1
DEPARTMEN-i
APPROVED AS TO LEGAL
SUF
- 15 -
Item -H.3.b/,-.
CONSENT AGFNDA ITEM # 34861
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, CitY
Council ADOPTFD:
Ordinances to AMEND and REORDAIN the Code of the
City of Virginia Beach, Virginia:
Sections 4-87 and 4-87.1 re bingo and raffle
permits
Chapter 23 by ADDING Section 23-11.2 re assault and
battery against family or household members
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
APPROVED AS T(-')
1 AN ORDINANCE TO AMEND AN
2 REORDAIN SECTIONS 4-87 AND 4-
3 87.1 OF THE CODE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO BINGO AND RAFFLE
6 PERMITS.
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9 That Sections 4-87 and 4-87.1 of the Code of the City of
10 Virginia Beach, Virginia, are hereby amended and reordained to
11 read as follows:
12 Section 4-87. Permit.
13 (a) Application for the permit required by section 18.2-
14 340.2 of the Code of Virginia shall be obtained from and be filed
15 with the chief of police. Such application shall be acted upon,
16 by either approval or disapproval, by the city manager, within
17 sixty (60) days from the date of the filing thereof, after a
18 reasonable investigation has been conducted to determine whether
19 the applicant is in compliance with the provisions of sections
20 18.2-340.1 through 18.2-340.12 of the Code of Virginia and this
21 article. Inaccurate information contained in such application
22 shall be automatic grounds for refusal or revocation of the
23 permit. The application for the annual pera@ shall be
24 accompanied by a check made Dayable to the city in the amount of
25 twenty-five dellar-s ($25.90) payable to the Gity fGr- pr-OGersing
26 one hundred dollars ($100.00) for an annual bingo permit and fifty
27 dollars ($50.00) for a raffle permit.
28 (b) Bingo permits shall be issued for an effective period of
29 one (1) year and shall expire on the anniversary of the date of
30 approval by the city manager. Applications for renewal shall be
31 submitted sixty (60) days prior to the date of expiration. A
32 raffle permit s all expire at the conclusion of the drawing on the
33 date specified in the application.
34 (c) It shall be unlawful and a Class 1 misdemeanor for any
35 organization or individual to conduct a bingo game or raffle prior
36 to issuance of a permit by the city manager, or after revocation
37 or expiration of same.
(d) All applications will be subject to review by the chief
39 of police, building inspector, traffic control engineer, fire
40 marshal, zoning inspector and city attorney who may provide
41 comments to the city manager concerning appropriateness of the
42 activity in the specified location, parking, vehicular and
43 pedestrian access, hours of operation, building capacity and any
44 other matters deemed pertinent to public safety and welfare. Such
45 comments shall be considered by the city manager in determining an
46 applicants' eligibility for a permit.
47 (e) No permit to conduct bingo games or raffles shall be
48 denied, suspended or revoked except upon notice to the applicant
49 stating the proposed basis for such action and the time and place
50 for a hearing thereon before the city manager or his designee.
51 After a hearing on the issues, the city manager may refuse to
52 issue or may suspend or revoke any such permit if he determines
53 that the organization has not complied with the provisions of this
54 article. Any organization aggrieved by the decision of the city
55 manager may appeal such decision to the city council by notifying
56 the city clerk within twenty-one (21) days of the decision of the
57 city manager. Any organization aggrieved by subsequent decisions
58 of the city council may appeal such decision to the Circuit Court.
59 Appeal must be taken within twenty-one (21) days of the decision
60 of the city council. On appeal from a suspension or revocation of
61 a permit, the Court may in its discretion stay such order of
62 suspension or revocation upon the appellant posting bond in an
63 amount and with such surety or security as may be f ixed by the
64 Court.
65 (f) All permits issued pursuant to this article shall be
66 subject to the provisions of any amendment made to this article.
67 Section 4-87.1. Membership; eligibility for permit.
68 Prior to the issuance of any permit, an organization must
69 meet the following requirements:
2
70 (1) Such organization shall have been in existence and met
71 on a regular basis in the city of Virginia Beach or_in
72 a city ch, for a
73 period of at least two (2) years immediately prior to
74 making application for such permit. Such organization
75 shall maintain for the current year and at least three
76 (3) preceding years records (minutes, attendance, etc.)
77 of all meetings and, in addition for the same period
78 shall maintain such records pertinent to the maintenance
79 of its bingo and raffle permits, which records shall be
so made available to the officials of the city upon
81 request. The city manager shall waive the requirement
82 of three (3) years, records for organizations in
83 existence for two (2) but less than three (3) years.
84 (2) Such organization shall be operated currently and shall
85 have previously been operated exclusively as a nonprofit
86 organization and shall have been in existence as such
87 nonprofit organization for a period of at least two (2)
88 years immediately prior to seeking a permit.
89 (3) A permit may be issued to an organization which
90 relocates its meeting place on a permanent basis from
91 another jurisdiction in Virginia to this city, provided
92 that such organization was the holder of a valid bingo
93 and/or raffle permit at the time of such relocation,
94 maintains all records pertinent to holding a permit and
95 is currently otherwise eligible to be issued a permit in
96 accordance with this chapter.
97 (4) Any auxiliary or similarly named organization having a
98 direct relationship with a sponsoring organization shall
99 obtain a permit prior to conducting bingo sessions. An
100 auxiliary shall demonstrate to the satisfaction of the
101 city manager a history of involvement in charitable
102 activities, other than sponsoring bingo sessions and
103 lotteries, as a condition precedent to being granted an
104 original or renewal permit. No more than one auxiliary
3
105 of any sponsoring organization shall be eligible for
106 issuance of a permit.
107 (5) As part of the application process and prior to being
108 granted a bingo or raffle permit an organization shall
109 provide a complete list of its officers and those
110 members designated by the organization to manage,
ill conduct or assist in any capacity in the operation of
112 bingo games or raffies. Information sufficient to
113 establish the bona fides of membership may be recluired
114 by the city manager. The chief of police or his
115 designee shall conduct acriminal records check of all
116 officers as well as the game manager or operator,
117 cashier and paymaster. Members added after the issuance
118 of a permit shall not be permitted to serve as games
119 manager, cashier, caller, specials custodian or
120 paymaster until the permit is renewed or amended.
121 (6) No bingo or raffle permit shall be issued to any
122 organization wherein (a) any officer or (b) any person
12 3 designated as bingo game manager or operator, cashier,
124 caller, specials custodian, floorworker or paymaster has
125 been convicted of a felony or crime of moral turpitude.
126 Adopted by the Council of the City of Virginia Beach,
127 Virginia on the 3 day of September
1991.
128 CA-4408
129 \ordin\proposed\04-087.pro
130 R-2
4
APPROVEt) AS T() CONTENTS
AF@ROV,-,-r- AS TO LEGAL
'D FORM
@NCY AN
[E
1 AN ORDINANCE TO AMEND AND CTy ATTORNEY
2 REORDAIN CHAPTER 23 OF THE CODE
3 OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, BY ADDING A NEW
5 SECTION 23-11.2, PERTAINING TO
6 ASSAULT AND BATTERY AGAINST
7 FAMILY OR HOUSEHOLD MEMBERS.
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
9 BEACH, VIRGINIA:
10 That Chapter 23 of the code of the City of Virginia Beach,
11 Virginia, is hereby amended and reordained by adding Section 23-
12 11.2 to read as follows:
13 Section 23-11.2 A.---lt .d btt-11 -i--t f-il h..shld
14 member.
15 (a) 6
16 fami h..sehold ember shall be
17 misdemeanor.
is (b) As_usl
19 mea or n
20 r
21 use-,
22 del
23
24 hoi
25 fal
26 the same h a
27 ch with
28 and tha
29 time.
30 Adopted by the Council of the City of Virginia Beach,
31 Virginia on the 3 day of September 1991.
32 CA-4349
33 \Ordin\proposed\23-11-2.pro
34 R-1
- 16 -
Item 1-H.4.
CONSENT AGENDA ITEM # 34862
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance authorizing the City Manager to execute
an agreement with the Virginia Beach School Board
re participation in the design and construction of
roadway and drainage facilities for
Landstown Elementary and Middle Schools and the
expansion of Princess Anne Park.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
I
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO
2 EXECUTE AN AGREEMENT WITH THE SCHOOL BOARD OF
3 THE CI--Y OF VIRGINIA BEACH TO PARTICIPATE IN
4 THE DESIGN AND CONSTR7,JCTION OF THE ROADWAY AND
5 DRAINAGE FACILITIES FOR LANDSTOWN ELEMENTARY
6 AND MIDDLE SCIIOOLS AND THE EXPANSION OF
7 PRINCESs ANNE PARK
8 WHEREAS, pursuant to Section 15.1-21, Code of virginia,
9 1950 as amended, two or more political subdivisions of this state
10 may cost participate in the design and construction of any project;
11 and
12 WHEREAS, the Council and the School Board of the City of
13 Virginia Beach desire to enter into a cost participation agreement
14 for the purpose of designing and constructing the roadway and
15 drainage facilities to service the expansion of Princess Anne Park
16 as well as Landstown Elementary and Middle Schools. The terms of
17 the agreement are set forth in said document "Letter of Under-
18 standing and Agreement" which is attached hereto and incorporated
19 by reference.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
21 OF VIRGINIA BEACH:
22 That the attached agreement is hereby approved and Aubrey
23 V. Watts, Jr., City Manager of the City of Virginia Beach, be and
24 hereby is authorized and directed to sign and execute on behalf of
25 the City of Virginia Beach; and Ruth Hodges Smith, City Clerk, be
26 and hereby is authorized to witness the signature of said City
1- 7Manager and to affix the official seal of the City of Virginia
28 Beach on said agreement.
29 Adopted by the Council of the City of Virginia Beach this
30 Third day of September 1991.
31 CA-4244
32 NONCODE\CA-4244.ORD
33 R-1
APPROVED AS TO CONTENTS
,SIGNATURE
DEPARTMFNT
APPROVED AS TO LEGAL
SUFFICIENCY A)M FORM
@ z @
// CITY ATTORNjsx
August 6, 1991
TTER OF UNDERSTANDING AND AGRIIII14EIlT
The School Board of the City of virginia Beach (the
"School Board") has had 50 acres of property of the Princess Anne
Park designated for construction of the Landstown Elementary and
Middle Schools as referenced in Map Book 200, page 14. The City
of Virginia Beach (the "City") plans to expand Princess Anne Park
and build a new entrance into same from Landstown Road. The School
Board wishes a new roadway to be extended to provide access to the
school sites as shown on the schematic attached hereto. The School
Board also wishes to use certain drainage facilities that are being
built for the park expansion.
The roadway and drainage facilities to be utilized by the
School Board and the city are currently being designed by the City.
The City will prepare and submit construction plans for invitation
for bids with respect to a project described as follows:
Princess Anne Park Expansion - Phase
I Construction CIP No. 4-935, Plans
and Specs by URS Consultants dated
January 1991.
All such work shall be performed under the name of the
City of Virginia Beach. The School Board is willing to
participate with the City in the cost for the preparation of the
design, bid documents and construction of the roadway, street
lights, curb and gutter, and construction and design of the
drainage facilities until the roadway and improvements are
accepted by the City as fully completed in accordance with an
agreement between the city and the lowest responsible
bidder/contractor.
Both parties hereby designate the City as the sponsoring
joint venturer. The construction design, bid process and award of
the construction contract shall be carried out and performed on
behalf of the joint venturer under the direction of the City
acting through its officers, employees, or agents as it may, at
any time or from time to time, designate.
The School Board and City shall each pay 50% for the
cost of the design, bid process and construction of the road
section, street lights, curb and gutter, and structure that
crosses the canal as shown on the plans sheets of the design
referenced above. The School Board and City shall also each PaY
50% of the cost for maintenance of the roadway (including but not
limited to the street lights) until it and the improvements
associated therewith are accepted by the city as a public right-
of-way. The City shall pay 77.50% and the School Board shall pay
22.50% for the cost of the design, bid process and construction of
those certain drainage facilities referenced on the schematic
attached hereto and incorporated by reference. All drainage
facilities on the school site as referenced in Map Book 200, page
14, shall be maintained by the school and all drainage facilities
off the school site shall be maintained by the City. it is
understood that this joint venture agreement extends only to the
design, submission of bid, and construction costs of the project,
together with any agreed changes or additions to the bid or agreed
2
extra work under the project and maintenance thereafter aB
referenced above. In no event shall this agreement Pxtend or
cover any other or different work.
The construction costs shall be construed to cover all
necessary labor, materials, engineering, design, testing, and
inspection fees and other costs incident to the project whether
performed by the City or by its contractor or subcontractor(s).
should either of the parties request a further modification of the
plans and both parties agree to approve such revision resulting in
an increase or decrease in cost, the amount paid by the parties
shall be adjusted in accordance with the percentages referenced
above.
it is understood and agreed between the parties herein
that the City shall be bound hereunder only to the extent that
funds shall have been appropriated and budgeted or are otherwise
available for the purpose of this Agreement. In the event no
funds or insufficient funds are appropriated and budgeted or are
otherwise unavailable by any means whatsoever in any fiscal period
for payments due under this Agreement, then the City shall
immediately notify the School Board of such occurrence and this
Agreement shall terminate on the last day of the fiscal period for
which appropriations were received without penalty or expense to
the City of any kind whatsoever.
It is hereby understood that the design and plans have
not been completely finalized as of the date of this letter
agreement. Nevertheless, this letter agreement serves as the
3
cost participation agreement for the project and the parties are
bound thereby.
IN WITNESS WHEREFORE, the School Board of the City of
Virginia Beach has caused its name to be hereunto signed by its
Chairman, and the City of virginia Beach has caused its name
hereunto signed by its City Manager.
SCHOOL BOARD OF THE
CITY OF VIRGINIA BEACH
By
Gregory N. Stillman
Chairman
ATTEST:
Cler oar
CITY OF VIRGINIA BEACH
By
Aubrey V. Watts, Jr.
City Manager
ATTEST:
AS
Rutt CMC AAE
Clerk of City of Virginia Beach
Parks and Recreation
DE E@Ni-
.,vc,,) As o rorm
CIT',' A-ilCRi@Ey
4
- 17 -
Item I-H.5.
CONSENT AGENDA ITEM # 34863
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND the Sixteenth Year 1990-1991
Community Development Block Grant Final Statement
to delete the activity designated as "Black Heritge
Celebration".
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
AN ORDINANCE TO AMEND THE 16TH YEAR 1990-1991
COMMUNITY DEVELOPMENT BLOCK GRANT FINAL STATEMENT
TO DELETE THE ACTIVITY DESIGNATED AS 'BLACK
HERITAGE CELEBRATION ACTIVITIES"
I WHEREAS. the city receives Federal Community Development Block
2 Grant funds to be used to benefit low and Moderate income persons.
3 and
4 WHEREAS. the City prepared its Final Statement of Objectives
5 for the 1990 - 1991 year which included Black Heritage Celebration
6 Activities as a planned activity, and
7 WHEREAS. the Department of Housing and Urban Development has
8 determined that the nature of this activity would have to be
9 significantly changed in order to be eligible for CDBG funding.
10 NOW. THEREFORE BE IT ORDAINED that the 1990-1991 Community
11 Development Block Grant Final Statement be amended to delete the
12 activity designated as "Black Heritage Celebration Activities".
13 Adopted by the Council of the City of Virginia Beach this 3rd day
14 of . September, 1991
15 Approved as to Content Approved as to Form
16 ----- -
17 stick. Director City Attorney
18 Delt. of Housing and
19 Neighborhood Preservation
20 blher.del(af)
1 8
Item 1-H.6.
CONSENT AGENDA ITEM # 34864
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED, upon SECOND READING:
Ordinance to APPROPRIATE $445,097 from various
revenue sources to the General Fund Reserve for FY
1991-1992; and, total appropriation be offset by
$445,097 increase in estimated revenues.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Mayor
Meyera E. Oberndorf and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan and Nancy K. Parker
Council Members Absent:
None
*Councilwoman Parker changed her AYE Vote to a VERBAL NAY.
1 AN ORDINANCE TO APPROPRIATE $445,097
2 FROM VARIOUS REVENUE SOURCES TO THE GENERAL FUND
3 RESERVE FOR FISCAL YEAR 1991-92
4 WHEREAS, The City Manager has submitted to Council an Annual Budget for
5 the fiscal year beginning July 1, 1991 and ending June 30, 1992;
6 WHEREAS, the operating budget included a negative appropriation of
7 $1,053,200 with an additional $1,000,000 added as a negative appropriation to
8 finance the increase for the employees' health insurance contribution;
9 WHEREAS, the City Manager directed staff to develop a plan of
10 expenditure reductions and incrpases in revenues to offset the negative
11 appropriation of $2,053,200;
12 WHEREAS, a plan has been developed which totals $2,363,290 of which
13 $445,097 is an increase in estimated revenues from various sources.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That an appropriation in the amount of $445,097 be made to the General
17 Fund Reserves in the FY 1991-92 Operating Budget;
18 BE IT FURTHER ORDAINED:
19 That the total appropriation be offset by a $445,097 increase in
20 estimated revenues from various sources.
21 This ordinance shall be in effect from the date of its adoption.
22 Adopted by the Council of the City of Virginia Beach, Virginia on the
3rd September
23 day of I 1 1991.
24 First Reading August 27, 1991
25 Second Readinz September 3, 1991
API:IROVED AS TO CONTE T
VIALTEF
OFFICE OF BUDGET At4D EVAI-iii@,.-[ l@
- 19 -
Item 1-H.7-14
CONSENT AGENDA ITEM # 34865
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council APPROVED In ONE MOTION Items 7, 8, 9, 10, 11, 12, 13 and 14 of the
CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones,* Paul J. Lanteigne,* Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Lanteigne DISCLOSED concerning Item 1-H.8, he was requested to be a
Regional Trainer for Perinatal Substance Abuse. He will not be receiving
payment for this activity.
Councilman Jones VERBALLY ABSTAINED on Item 1-H.11. as this particular sewer
line will come right up to the edge of property owned by him. Although this
sewer line does not service the property, it might be conceived that Councilman
Jones will receive benefit.
- 20 -
Item 1-H.7-
CONSENT AGENDA ITEM # 34866
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED, upon FIRST READING:
ordinance to APPROPRIATE $267,435 to the Department
of Social Services; and, TRANSFER $66,859 from FY
1991-1992 Reserve for Contingencies re tunding
eight positions and various operating supplies that
food stamps shall be processed in a timely manner.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO APPROPRIATE $267,435 AND TO
2 TRANSFER $66,859 FROM FY 91-92 RESERVE FOR
3 CONTINGENCIES TO FUND EIGHT POSITIONS AND VARIOUS
4 OPEPATING SUPPLIES IN RESPONSE TO A COURT ORDER REQUIRING
5 FOOD STAMPS TO BE PROCESSED IN A TIMELY MANNER
6 WHEREAS, the Department of Social Services is responsible for processing
7 food stamp applications;
8 WHEREAS, the court has specified acceptable compliance rates for the timely
9 processing of food stamps for the City of Virginia Beach;
10 WHEREAS, the State has approved an additional $267,435 to fund eight
11 positions and various operating supplies and the City is required to match this
12 amount by $66,859;
13 W]IEREAS, sufficieiit funding is available within the FY 91-92 Reserve for
14 Contingencies for the city's share of the costs.
15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA that funds in the amount of $267,435 are hereby appropriated to
17 the Department of Social Services and funds in the amount of $66,859 be
18 transferred from FY 91-92 Reserve for Contingencies to finance eight positions
19 and various operating supplies.
20 BE IT FURTHER ORDAINED that estimated revenue from the Commonwealth be
21 increased by $267,435.
22 Adopted by the Council of the City of Virginia Beach, Virginia, this
23 day of 1 1991.
24 This ordinance shall be in effect from the date of its adoption.
25 First Reading: September 3, 1991
26 Second Reading:
APPROVED AS TO CONTEN-F
i3UDGETANDF-VALUATION
- 21 -
Item 1-H.8.
CONSENT AGENDA ITEM 34867
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $79,949
Federal Block Grant to the Depiartment of Mental
Health, Mental Retardation and Substance Abuse and
increase departmental positions by 2.25 FTE's re
perinatat substance abuse.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne,* Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Lanteigne DISCLOSED concerning Item 1-H-8, he was requested to be a
Reg-lonal Trainer for Perinatal Substance Abus,. He will not be receiving
payment for this activity.
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 A FEDERAL BLOCK GRANT IN THE AMOUNT OF $79,949
3 TO THE DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION,
4 AND SUBSTANCE ABUSE TO REDUCE PERINATAL SUBSTANCE ABTJSE
5 WHEREAS, the Department of Mental Health, Mpntal Retardation, and Substance
6 Abuse is responsible for coordinating substance abuse programs;
7 WHEREAS, the State Department of Mental Health, Mental Retardation, and
8 Substance Abuse has granted funding ir, the amount of $79,949 to the Community
9 Services Board for a Substance Abuse Federal Block Grant prevention program to
10 reduce substance abuse by pregnant womer, and improve the outcomes of infants who
11 are prenatally exposed to alcohol and other drugs;
12 WHEREAS, the Community Services Board, the Substance Abuse Committee, and
13 staff have developed a plan for utilizing this funding;
14 WHEREAS, the grant will increase the departmental position total by 2.25
15 FTE's and require an in-kind match by various agencies with no additional city
16 funding match.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA that a grant in the amount of $79,949 be accepted and
19 appropriated to the Mental Health, Mental Retardation, Substance Abuse FY 91-
20 92 operating Budget and that 2.25 FTE's be established for the duration of the
21 grant.
22 BE IT FURTHER ORDAINED that appropriations be offset by a $79,949 increase
23 in estimated revenue.
24 Adopted by the City Council of the City of Virginia Beach, Virginia, this
25 day of , 1991.
26 This ordinance shall be effective from the date of its adoption.
27 First Reading: 991 A"OVM AS TO CO@
28 Second Readtng'.
KRA, -n,
El AND EVALUA'
i
- 22 -
Item 1-H.g.
CONSENT AGENDA ITEM # 34868
Upon motion by Vice Mayor Fentress, seconded by Councilman Clyburn, City
Council APPROVED, upon FIRST READING:
Ordinance to ACCEPT and APPROPRIATE a $16,789 Grant
to the Department of Mental Health, Mental
Retardation and Substance Abuse from the Knights of
Virginia Assistance for the Retarded (KOVAR) re
Adult Day Program.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McCianan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE A
2 GRANT IN THE AKOUNT OF $16,789 TO THE DEPART14ENT OF
3 MENTAL HEALTH, MENTAL RETARDATION, AND SUBSTANCF ABUSE
4 FROM THE KNIGHTS OF VIRGINIA ASSISTANCE FOR THE
5 RETARDED FOR THE ADULT DAY PROGRAM
6 WHERFAS, the Adult Day Program serves the most severely handicapped adults
7 in our community whO have severe physic,,l handicaps as well as being mentally
8 retarded;
9 WHEREAS, the Knights of Virginia Assistance for the Retarded (KOVAR) has
10 awarded the City of Virginia Beach Community Services Board a grant in the amount
11 of $16,789 to improve the quality of services being provided to the program
12 participants;
13 WHEREAS, the Community Services Board, its Mental Retardation Committee,
14 and staff have reviewed the current program and client needs and have devised
15 a plan for utilizing these KOVAR funds;
16 WHEREAS, no city funding match is required.
17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
18 BEACH, VIRGINIA that a grant in the amount of $16,789 be accepted and
19 appropriated to the Mental Health, Mental Retardation, and Substance Abuse
20 FY 91-92 Operating Budget for the Adult Day Program.
21 BE IT FURTHER ORDAINED that appropriations be offset by a $16,789 increase
22 in estimated revenue.
23 Adopted by the City Council of the City of Virginia Beach, Virginia, this
24 day of 1 1991.
25 This ordinance shall be effective from the day of its adoption.
26 First Reading: September 3, 1991
APPROVED AS TO CONTENT
27 Second Read"@.
w
!jiLTEC'
OFBUDGETANDF.\@A.@
- 23 -
Item 1-H.10.
CONSENT AGENDA ITEM # 34869
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council APPROVED, upon FIRST READING:
Ordinance to APPROPRIATE $16,000 from the Virginia
Beach Library Gift Fund to the Library Department's
FY 1991-1992 General Fund Budget re purchase of
library materials.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO APPROPRIATE @16,000 FROM THE VIRGINIA BEACH
2 LIBRARY GIFT FUND TO THE LIBRARY DEPARTMENT'S FY 1991-92
3 GENERAL FUND BUDGET FOR THE PURCHASE OF LIBRARY MATERIALS
4 WHEREAS, the Virginia Beach Public Library has received cash donations of
5 $16,000 from citizens over the past five (5) years. These donations were
6 established in the Virginia Beach Library Gift Fund;
7 WHEREAS, the Virginia Beach Public Library's General Fund appropriation
8 for library materials has been reduced as a result of budget reductions and a
9 deficiency in books and supplies will exist;
10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA that funds in the amount of $16,000 be appropriated out of the
12 Virginia Beach Library Gift Fund to the Library Department's FY 1991-92 General
13 Fund Budget for the purchase of library materials.
14 This ordinance shall be effective from the date of its adoption,
15 Adopted by the Council of the City of Virginia Beach, Virginia on the
16 day of 1991.
17 First Reading: September 3, 1991
18 Second Reading:
APPROVED AS TO CO@4j;FN
WALTEr. ^.. Ki:fAtMER, JR.
r@',FRCE OF BUDGET AND EVALUATION
- 24 -
Item 1-H.11-
CONSENT AGENDA ITEM # 34870
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council ADOPTED:
Ordinance to TRANSFER $466,000 to Landstown municipal
property (CIP 6-004) re sanitary sewer improvements in the
Landstown area; and, AWARD the following construction
contracts:
CONTRACT A Womack Grading, Inc. $566,437
CONTRACT B B. L. Jones, Inc. $236,000
Voting: 10-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Paul J. Lanteigne, Reba S. McClanan, Mayor
Meyera E. Oberndorf, Nancy K. Parker and Wi I I i am D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
Counci Iman Jones VERBALLY ABSTAINED on Item 1-H.11. as this particular sewer
I lne wi I I come right up to the edge of property owned by him. Although this
sewer line does not service the property, it might be conceived that Councilman
Jones will receive benefit.
I AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF
2 $466,000 TO 6-004 LANDSTOWN MUNICIPAL PROPERTY
3 FOR SANITARY SEWER IMPROVEMENTS IN THE IANDSTOWN AREA
4 AND TO AWARD THE CONSTRUCTION CONTRACT IN TWO PARTS
5 WHEREAS, the City recently received bids for sanitary sewer improvements
6 at the Landstown Mun"lcipal Property;
7 WHEREAS, the Department of Public Utilities has identified the benefits
8 to other agencies of improving sanitary sewer service to the Landstown Municipal
9 Property;
10 WHEREAS, the cost of the project has been divided among the agencies as
11 shown in the following table and will be charged to specific projects by
12 determining the impact of the sewer flow these agencies' projects generate in
13 proportion to the Landstown Municipal Property:
14 Schools $257,000
15 Parks and Recreation 130,000
16 Public Works - Roadways 40,000
17 Public Utilities 773,000
18 $1,200,000
19 WHEREAS, sewer project 6-004 Landstown Municipal Property requires
20 transfers of $270,000 from project 6-016 Pump Station Modifications - Phase II
21 and $196,000 from Various Sewer Projects - Phase II to ensure adequate funding;
22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
23 BEACH, VIRGINIA, that funds in the amount of $466,000 are transferred as shown
24 below to provide for improved sanitary service at the Landstown Municipal
25 Property:
26 Transfer from.
27 Project 6-016 Pump Station Modifications - Phase 11 $270,000
28 Project 6-018 Various Sewer Projects - Phase II $196,000
29 Transfer to:
30 Project 6-004 Landstown Municipal Property $466,000
31 BE IT FURTHER ORDAINED that Construction Contract A in the amounr of
32 566,437 be awarded to Womack Grading, Inc. and Construction Contract B be awarded
33 to B. L. Jones, Inc. in the amount of $236,000.
34 This ordinance shall be effective from the date of its adoption.
35 Adopted by the City Council of Virginia Beach, Virginia on the 3
36 day of September 1991.
APPROVED AS TO C4W
WALTER
L @,-; !CE 01- BUDG-T AND
- 25 -
Item 1-H.12.
CONSENT AGENDA ITEM # 34871
Upon motion by Vice Mayor Fentress, seconded by Counci iman Clyburn, City
Council ADOPTED:
Ordinance to TRANSFER $75,000 from Project 2-606
Seatack Street Improvements Phase i to Project 2-
980 Seatack Streets Phase IIA re anticipated
additional expenses associated with completion of
that project.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
I AN ORDINANCE TO TRANSFER $75,000 TO
2 PROJECT 2-980 SEATACK STREETS - PHASE IIA FOR
3 ANTICIPATED ADDITIONAL EXPENSES ASSOCIATED WITH
4 THE COMPLETION OF THE PROJECT
5 WHEREAS, the Department of Pubiic W@i:'--5 -L respo--s-lbl, for coordinating
6 the Roadways Capital Improvement Program;
7 WHEREAS, project 2-980 Seatack Streets, Phase IIA is under construction
8 with an anticipated construction completion date of October, 1991;
9 WHEREAS, additional expenses totaling $75,000 will be needed prior to
10 completion of the project;
11 WHEREAS, surplus funding is available in project 2-606 Seatack Street
12 Improvements, Phase I which may be transferred to project 2-980 Seatack Streets,
13 Phase IIA.
14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
15 BEACH, VIRGINIA, that funds in the amount of $75,000 be transferred from project
16 2-606 Seatack Street Improvements, Phase I to CIP project 2-980 Seatack Streets,
17 Phase IIA for anticipated additional expenses associated with the completion of
18 the project.
19 This ordinance shall be effective from the date of its adoption.
20 Adopted by the City Council of the City of Virginia Beach, Virginia on the
21 Third day of September 1991.
- 26 -
Item 1-H.13-
CONSENT AGENDA ITEM # 34872
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Council APPROVED:
LOW BID:
SUBURBAN GRADING AND Resort Streetscape $3,236,529.16
UTILITIES, INC. Improvements
Section 3, Phase 2
(CIPs 2-049, 2-066,
5-966, 6-925)
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 27 -
Item 1-H.14.
CONSENT AGENDA ITEM # 34873
Upon motion by Vice Mayor Fentress, seconded by Counci Iman Clyburn, City
Councii ADOPTED:
Ordinance authorizing tax refunds in the amount ot
$26,288.70 upon appi ication of certain persons and
upon certification of the City Treasurer tor
payment.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor- Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and Wiliiam D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
8/1/91 EMC
ORM NO. C.A. 7
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- D ate Penalty lnt. Total
Year of Tax Number tion No. Paid
Lewis K. Kesser 91 RE(1/2) 60998-8 11/20/90 51.78
Veterans of Foreign Wars 91 PE(1/2) 118418-6 3/29/91 1,376.92
Fourth Commerce Prop. Corp. 91 RE(1/2) 38291-8 11/6/90 26.98
Fourth Commerce Prop. Coro. 91 RE(1/2) 38292-7 11/6/90 26.96
Fourth Commerce Prop. Cor'p. 91 RE(1/2) 38293-6 11/6/90 26.96
Fourth Commerce Prop.@Corp. 91 RE(1/2) 38294-5 11/6/90 27.45
Fourth Commerce Prop. Corp. 91 RE(1/2) 38289-2 11/6/90 26.96
Henry Frenck 91 RE(1/2) 38542-5 11/2/90 46.98
Bennett & Stolle P. C. 91 RE(1/2) 115464-5 12/5/00 2,140.13
Frederick & Donald Aucamp 91 RE(1/2) 4054-7 12/4/90 48.47
Sandcastle Motel Inc. Qj RE(1/2) 99821-9 12/5/90 7,178.84
DAV Associates 91 RE(1/2) 26380-5 11/19/90 1,884.90
Viola R Richmond et als 91 RE(1/2) 95597-9 12/5/90 707.96
Bonnie D. & Jay Kerney 91 RE(2/2) 60900-5 7/18/91 42.58
Bonnie D. & Jay Kerney 91 RE(2/2) 60906-9 7/18/91 10.32
First Sun Mortgage Co. 91 RE(1/2) 43869-0 12/5/90 25.58
First Sun Mortgage Co. 91 RE(2/2) 43869-0 5/14/91 25.58
Kempsville Lake Com. Assoc. 91 RE(1/2) 60652-5 11/15/90 1,027.40
Kempsville Lake Com. Assoc. 91 RE(2/2) 60652-5 5/21/Ql 1,027.40
*R. G. Moore Bldg. 80 RE(1/2) 76657-0 12/5/88 134.51
*'R. G. tloore Bldg. 89 RE(2/2) 76657-0 6/5/89 134.51
* R. G. Moore Bldg. 90 RE(1/2) 77764-5 12/5/89 164.14
* R. G. Iloore Bldq. 90 RE(2/2) 77764-5 6/5/90 164.14
* R. G. Moore Bldg- 90 RE(1/2) 77572-7 12/5/89 1,663.35
* R. G. Moore Bldg. 90 RE(2/2) 77572-7 6/5/90 1,663.35
Homestead Savings Q0 RE(1/2) 19639-0 12/1/89 24.43
Homestead Savings 90 RE(2/2) 19639-0 5/31/90 24.Ll '3
Exxon Corp. 90 RE(1/2) 34283-8 11/27/89 225.25
Exxon Corp. 90 RE(2/2) 34283-8 5/31/90 225.25
Viola R Richmond et als 90 RE(1/2) 94772-0 6/29/90 3,115.40
Viola R Richmond et als 90 RE(2/2) 94772-0 6/29/90 2,973.79
Scott F. Parker N/A Pkng 334901 4/19/Ql 20.00
William Barnhart N/A Pkng 350261 6/17/Ql 6.00
Richard D. Milligan N/A Pkng 354442 7/23/91 20.no
*Refund being applied to other Delinquent Real Estate taxes.
Total 26,288.70
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling c
88 70 were approved by
the Council of the City of Virginia
Beach on the@-day of SeDtember,1991
easurer
Approved as to form:
Ruth Hodges Smith
City Clerk
- 28 -
Item I-J-1a-
NEW BUSINESS ITEM # 34874
Michael J. Barrett, 1829 Eden Way, represented the Hampton Roads Chamber of
Commerce/Virginia Beach, and advised the Chamber's SUPPORT of the Resolution.
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
ADOPTED:
Resol6tion referring to the Planning Commission a
proposed amendment to Section 211 of the City
Zoning Ordinance re temporary signs.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
REQUESTED BY: VICE-MAYOR ROBERT FENTRESS
1 A RESOLUTION REFERRING TO THE PLANNING
2 COMMISSION A PROPOSED AMENDMENT TO SECTION 211
3 OF THE CITY ZONING ORDINANCE, PERTAINING TO
4 TEMPORARY SIGNS
5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA-
7 That there is hereby referred to the Planning Cormnission,
8 for its consideration and recommendation, a proposed amendment to
9 Section 211 of the City Zoning Ordinance, pertaining to temporary
10 signs. A true copy of such proposed amendment is hereto attached.
11 Adopted by the City Council of the City of Virginia
12 Beach, Virginia, on the 3 day of September 1991.
13 CA-91-4060
14 \noncode\sign.res
15 R-1
@VLD AS
VKA
D:-i'Ar.Tt.'
AFPPOVECA AS 'FO I.E(--
@ITY. ATTORNEY
1 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY
2 ZONING ORDINANCE, PERTKINING TO TEMPORARY
3 SIGNS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That Section 211 of the City Zoning Ordinance, pertaining
7 to temporary signs, be, and hereby is, amended and reordained, and
8 shall read as follows:
9 Section 211. Signs permitted in all districts.
10 The following types of signs are exempted from all of the
11 provisions of this ordinance, except for illumination, construction
12 and safety regulations and the following standards:
13
14 b) Temporary signs.
15 (1) Temporary signs announcing any public, charitable,
16 educational, religious or other noncommercial event or function,
17 located entirely upon the property on which such event or function
18 is held and set back no less than seven (7) feet from the property
19 line, and having a maximum sign area of thirty-two (32) square
20 feet. Such signs shall be allowed no more than thirty (30) days
21 prior to the event or function and must be removed within seven (7)
22 days after the event or function. Such signs may be illuminated
23 in accordance with the restrictions set forth @ in section 213
24 hereof. If building-mounted, such signs shall be flat wall signs
25 and shall not project above the roofline. If freestanding, the
26 height of any such sign shall be no more than twelve (12) feet
27 above ground level.
28 (2) Temporary signs of a cormnercial nature announcing grand
29 openings or other special events or promotions, subject to the
30 limitations as to size, height and location set forth in
31 subdivision (1) hereof. Such signs shall be displayed no more than
32 three (3) times per year by any business or establishment, nor for
33 any period in excess of seven (7) days.
34 (3) Temporary signs eensA:st4:ng ef-, 9E meanted- displayed upon-r
35 balloons, subject to the requirements of subdivisions (1) and (2)
36 hereof; provided, however, that balloons displaying such signs may,-
37 if affixed to the roof of a building or structure, project no more
38 than thirty (30) feet above the roofline and fnay or, if
39 freestanding affixed to the ground, have a height not exceeding
40 thirty (30) feet from ground level. Such signs shall not exceed
41 seventy-five (75) feet in surface area.
42 Adopted by the City Council of the City of Virginia
43 Beach, Virginia, on the day of 1991.
44 CA-90-4030
45 \ordin\proposed\45-0211.pro
46 R-2
2
- 29 -
Item I-J.2.
NEW BUSINESS ITEM # 34875
J. Mark Hamilton, 544 Vanderbilt Avenue, Phone: 422-1238, represented the
Tidewater Personal Watercraft Club and himself as a resident of Croatan and
spoke in OPPOSITION. Mr. Hamilton requested a Commission be established to
investigate options of creating Personal Watercraft designated zones similar
to those exisiting for the surfing areas.
Upon motion by Councilman Brazier, seconded by Vice Mayor Fentress, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6-114 of
the Code of the City of Virginia Beach re beaches,
boats and waterways.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Heischober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
Requested By Councilmember James W. Brazier, Jr.
I AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 6-114 OF THE
3 CODE OF THE CITY OF VIRGINIA
4 BEACH, VIRGINIA, PERTAINING TO
5 BEACHES, BOATS AND WATERWAYS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 6-114 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained to read as follows:
10 Section 6-114. Restrictions on launching, landing, parking or
11 stationing recreational vessels in certain areas.
12 (a) It shall be unlawful for any person to launch or land a
13 sailboat, motor boat, canoe, rowboat, flatboat, kayak, umiak,
14 scull or any other similar recreational vessel on the beach area
15 north of Rudee Inlet to the center line of 42nd Street prolongated
16 eastward, between Memorial Day Weekend and Labor Day Weekend
17 between the hours of 10:00 a.m. and 4:00 p.m. weekdays and 10:00
18 a.m. and 6:00 p.m. weekends and holidays. For purposes of this
19 section, Memorial Day Weekend shall be deemed to commence at 6:00
20 P.M. the Friday before Memorial Day and Labor Day Weekend shall be
21 deemed to end at 6:00 p.m. Labor Day.
22 (b) It shall be unlawful for any person to park or station
23 a sailboat, motor boat, canoe, rowboat, flatboat, kayak, umiak,
24 scull or other similar recreational vessel on the beach area north
25 of Rudee Inlet to the center line of 42nd Street prolongated
26 eastward, with the following exceptions:
27 (1) In an emergency;
28 (2) With an approved race or regatta permit; or
29 (3) In the process of launching or landing a vessel
30 specified above in the areas and during the time periods
31 permitted in subsection (a) of this section.
32 (c) It shall be unlawful for any person to launch, land,
33 park or station a motor boat on the beach between the area north
34 of the center line of 42nd Street prolongated eastward and the
35 southern boundary line of Fort Story, except in an emergency or
36 with an approved race or regatta permit.
37 (d) It shall be unlawful for any person to launch, land,
38 park or station a sailboat on the beach between the area north of
39 the center line of 42nd Street prolongated eastward and the
40 southern boundary line of Fort Story without a permit from the
41 city manager, with the following exceptions:
42 (1) In an emergency; or
43 (2) With an approved race or regatta permit.
44 (e) Permits will be issued by the City manager for sailboats
45 to be launched, landed, parked or stationed on the beach between
46 the area north of the center line of 42nd Street prolongated
47 eastward and the southern boundary line of Fort Story under the
48 following conditions:
49 (1) The permit to be issued on a f irst come first serve
50 basis subject to subsections (i) and (j) of this
51 section.
52 (2) The city manager shall limit the number of permits to
53 four (4) sailboats per block between the area north of
54 the center line of 42nd Street prolongated eastward and
55 the center line of 57th Street prolongated eastward;
56 seven (7) sailboats per block between the area north of
57 the center line of 57th Street prolongated eastward and
58 the center line of 77th Street prolongated eastward, and
59 twelve (12) sailboats per block between the area north
60 of the center line of 77th Street prolongated eastward
61 to the southern boundary line of Fort Story.
62 (3) A sailboat having a valid permit under this subsection
63 may be launched, landed, parked or stationed on the
64 beach area in front of any block between 42nd Street and
65 Fort Story as long as the maximum number, as set forth
66 in (2) above is not exceeded. If the maximum number as
67 set forth in (2) above is exceeded, then the sailboat
68 that does not have a permit for that particular block
69 shall be in violation of this section.
2
70 (4) Permits are valid only for the month of march through
71 the month of October for the year in which the permit
72 was issued.
73 (5) Permits must be renewed annually.
74 (6) The annual permit fee shall be thirty dollars ($30.00)
75 for residents of the city and ninety dollars ($90-00)
76 for nonresidents. The city manager is authorized to
77 establish dates of issuance for such permits for
78 residents and nonresidents.
79 (7) There shall be no parking or stationing of sailboats on
so the sand dunes or in front of access points or street
81 ends.
82 (8) No anchors shall be driven in the beach to secure
83 sailboats, unless approved by the director of the
84 department of public works as to type, size and
85 location.
86 (9) No sailboats shall be secured to lawful fixtures or
87 structures on the beach.
88 (10) The permits shall be placed on the outside port (left)
89 bow of the sailboat.
90 (11) Permits are nontransferable.
91 (f) It shall be unlawful for any person to launch or land
92 any motor boat, motorized personal water craft or any other
93 motorized recreational vessel on the beaches extending south of
94 Fleet Combat Training Center Dam Neck to the southern boundary of
95 Little Island Par
96 northern bour Pendleton Military Reservation, during
97 the season from 6:00 p.m. on the Friday before Memorial Day
98 Weekend through 6:00 p.m. on the Monday following Labor Day
99 Weekend, between the hours of 10:00 a.m. and 4:00 p.m. weekdays
100 and 10:00 a.m. and 6:00 p.m. weekends and holidays, except as
101 hereafter provided:
102 (1) Water craft may be launched or landed in an emergency or
103 for law enforcement purposes.
3
- 30
Item I-J.3.
NEW BUSINESS ITEM # 34876
ADD-ON
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council:
Requested the City Manager determine an area in the
vicinity of Rudee Inlet where a personal watercraft
zone may be established with his recommendation to
City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, James W. Brazier, Jr., Robert W.
Clyburn, Vice Mayor Robert E. Fentress, Harold
Helschober, Louis R. Jones, Paul J. Lanteigne, Reba S.
McClanan, Mayor Meyera E. Oberndort, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 31 -
Item I-J.4.
NEW BUSINESS ITEM # 34877
ADD-ON
The City Manager advised of his distribution to City Council of the new
operating policies and procedures for the MCN CANDIDATE FORUMS.
Said information is hereby made a part of the record.
- 32 -
Item I-J.5.
NEW BUSINESS ITEM # 34878
ADD-ON
Mayor Oberndorf referenced the RAPPORTIONMFNT Studies:
CMUSSION ON LOCAL GOVERNMFNT
Richard B. Guy - Chairman
October 7, 1985
MAYOR'S COMMITTEE FOR REAPPORTIONMENT
Donald H. Clark - Chairman
September 24, 1990
Consideration of the RAPPORTIONMENT shall be SCHEDULED for the City Council
Session of September 24, 1991.
- 33 -
Item I-J-5-
ADJOURNMENT ITEM # 34879
Upon motion by Councilman Baum and BY CONSENSUS, City council ADJOURNED the
Meeting at 5:40 P-M-
Chief Deputy City Clerk
uth Hdg s Sm',th, CMC @AE MelercoE. Obernior
City Clerk Mayor
City of Virginia Beach
Virginia
104 (2) Water craft may be launched and landed at any time from
105 the beach commencing at the southern boundary of Little
106 Island Park, extending four hundred (400) feet north.
107 (3) Commercial fishing boats operating from the beaches by
108 permission of the Virginia Division of Parks and
109 Recreation shall be exempt from the restrictions of this
110 article.
ill (g) Any police officer of the City of Virginia Beach is
112 hereby authorized to remove and impound or have removed and
113 impounded any vessel which appears to be in violation of this
114 section of-r which is lost, stolen, abandoned or unclaimed. In
115 addition to the fine imposed for a violation of this section, such
116 vessel shall be removed and impounded at the owner's expense until
117 lawfully claimed or disposed of.
118 (h) Any person who shall violate any of the provisions of
119 this section shall be guilty of a Class 4 misdemeanor.
120 (i) if any person holding a permit under this section has
121 three (3) or more convictions, or findings of not innocent in the
122 case of a juvenile, of violating this section or section 6-115
12 3 within the permit period, the city manager shall revoke that
124 person's permit. That person shall not be eligible for another
125 permit for the same permit period.
126 (j) Any person who has six (6) or more convictions, or
127 findings of not innocent in the case of a juvenile, of violating
128 this section or section 6-115 within any two (2) year period shall
129 not be issued a permit by the city manager under this section for
130 the next two (2) years.
131 Adopted by the Council of the City of virginia Beach,
132 virginia on the 3 day of September 1991.
133 CA-4401
134 \ordin\proposed\06-114.pro
135 R-1
4