HomeMy WebLinkAboutNOVEMBER 10, 1992 MINUTES
"WORLD'S LARGEST RESORT CITY"
(@l ]'Y COUNCIL
CITY COUNCIL AGENDA
NOVEMBER 10, 1992
1. CITY COUNCIL WORKSHOP - Council Chamber - 11:30 AM
A. CAPITAL IMPROVEMENT PROGRAM - RECONCILIATION
FY 1992-93 - 1997-98
E. Dean Block, Director, Management and Budget
ii. CITY MANAGER'S BRIEFING - Council Chamber - 12:30 PM
A. LEGISLATIVE PACKAGE
Robert R. Matthias, Assistant to the City Manager
Ill. INFORMAL SESSION - Council Chamber - 1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION - Council Chamber - 2:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorr
B. INVOCA@ON: Reverend Kelly J. Burris
Kempsville Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
I . INFORMAL & FORMAL SESSIONS - November 3,1992
G. PRESENTATIONS
1. MAYOR'S TROPHY
NORFOLK BOWLING ASSOCIATION
Gene Luke, Past President and Life Member
H. COUNCIL COMM]TREE REPORT
1. 1986 BOND REFERENDA
William A. Schlimgen, Chairman
1. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1 . Resolutions approving issuance of Revenue Bonds by the Development Authority to:
a. YMCA of South Hampton Roads in an amount not to exceed $1,600,000 to
assist in financing the costs associated with construction of an indoor aquatic
center and locker rooms at its Norfolk facility, outdoor pool complexes at its
Chesapeake and Virginia Beach facilities; and, refinancing the outstanding
principal balance of an existing $150,000 loan that was used to finance
improvements to the Virginia Beach facility.
b. Cape Henry Collegiate School, Inc. in an amount not to exceed $2,500,000 to
assist in financing the costs associated with construction of additional education
and related facilities at 1320 Mill Dam Road; and, refinancing the outstanding
balance of the Authority's $1,750,000 Revenue Bond Series 1988 and $550,000
Revenue Bond Series 1991 issued to the School.
2. Ordinance to AMEND and REORDAIN Chapter 25 of the Code of the City of Virginia
Beach, Virginia, by ADDING Section 25-12 re pawnshops.
3. Ordinance to AMEND and REORDAIN Section 23-30 of the Code of the City of Virginia
Beach, Virginia, re massage parlors.
4. Ordinance declaring 1.573 acres of land on the Southwestern shore of Lake Rudee as
EXCESS property; and, authorizing the City Manager to convey same to the
United States Navy (LYNNHAVEN BOROUGH).
J. ORDINANCES
1 . Ordinance authorizing the City Manager to enter into a contract on behalf of the City of
Virginia Beach for administration of the public relations accounts of the
Economic Development and Convention and Visitor Development Departments.
2. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia,
by ADDING Appendix H to be entitled "The Storm Sewer System Discharge
Ordinance" re certain non-stormwater discharges of pollutants into the City's storm
sewer system.
3. Ordinance to maintain the reduced tax levy on motor vehicles owned and regularly used
by certain disabled ve4eraos for the calendar year 1993.
K. PUBUC HEARING
1. PLANNING BY CONSENT
a. Application of G. W. AND BARBARA M. HENLEY for a Conditional Use Permit
for boardina horses on the West side of Muddy Creek Road, 485 feet South of
Horn Point Road (3489 Muddy Creek Road), containing 61.286 acres
(PUNGO BOROUGH).
Recommendation: APPROVAL
b. Application of GEORGE R. POWELL for a Conditional Use Permit for two (21-
sinale family dwel in the Agricultural District on the East side of Dawley Road,
2400 feet more or less South of Pleasant Ridge Road, containing 49.5 acres
(PUNGO BOROUGH).
Recommendation: APPROVAL
C. Application of NEW DAWN FAMILY MINISTRIES CHURCH INTERNA71ONAL for
a Conditional Use Permit for a church at the Northwest corner of Holland Road
and Garfield Avenue (3574 Holland Road), containing 15,509 square feet
(PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Application of L J. LUCAS and M. 0. MATTHEWS for a Conditional Use Permit
for two (2)-sincile family dwellings in the Agricultural District on the East side of
Blackwater Road, 940 feet South of West Gibbs Road, containing 10.76 acres
(BLACKWATER BOROUGH).
Recommendation: APPROVAL
e. Application of the A. P. EAST, INC. for a Conditional Use Permit for a
bulk storage yard (recreational vehicles) on the West side of General Booth
Boulevard, 1 1 50 feet more or less North of Dam Neck Road (1 489 General Booth
Boulevard), containing 8 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
2. PLANNING
a. Application of STEVEN ROYSTER NEWBERN for the RENEWAL of a Conditional
Use Permit for a home occupation (newelty repair) on Lot 64, Elizabeth River
Shores (3461 South Crestline Drive), containing 1.13 acres (KEMPSVILLE
BOROUGH).
Staff Recommendation: APPROVAL
b. Application of JOHN A. TUCKER, JR. to authorize an enlargement of
nonconforming use at 521 24th Street in the A-1 2 Apartment District, containing
8,400 square feet (VIRGINIA BEACH BOROUGH):
(1) Resolution to authorize the construction of a 12' X 16' screened porch.
Staff Recommendation: APPROVAL
C. Application of C. RANDOLPH ZEHMER for a Conditional Use Permit for a
recreational facilily gf an outdoor nature (mini-aoln and an indoor recreational
facilily (aame room) at the Northwest corner of Sandbridge Road and
Sandfiddler Road, containing 2.45 acres (PRINCESS ANNE BOROUGH).
Recommendation: APPROVAL
d. Application of PHILLIP D. BROOKS for a variance to Section 4.4(b) of the
Subdivision Ordinance which requires that lots being subdivided meet all
requirements of the City Zoning Ordinance, on the East side of Liftle Neck Road,
South of Little Haven Road (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
e. AMENDMENT to the Chesapeake Bay Preservation Area Ordinance of the
City of Virginia Beach (Appendix F).
OPTION A: Staff recommendation for APPROVAL.
OPTION B: Revised from October 27, 1992, as sponsored by Councilman
John D. Moss.
L. UNFINISHED BUSINESS
M. NEW BUSINESS
N. ADJOURNMENT
- CITY COUNCIL PUBLIC HEARINGS
NOVEMBER 24,1992 Formal Session 6:00 PM
General Obligation Bonds (Various Public Facilities/General Improvements)
Storm Water Management / Utility Fees
FY 1992-1993 Capital Improvement Six-Year Program
FY 1991-1992 Budget Carryovers to FY 1992-1993
DECEMBER 1, 1992 Formal Session 6:00 PM
Election of Council Members Residency Requirements
CITY COUNCIL RESCHEDULED
December 22, 1992, Formal Session to December 15, 1992, at 6:00 PM
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
11/5/92mlm
AGENDA\11-10-92.PLN
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 10, 1992
Mayor Meyera E. Oberndorf called to order thc CITY COUNCIL WORKSHOP for the CAPITAL
IMpROVEMENT PROGR" FY 1992-93 - 1997-98 for the VIRGINL4 BEACH CITY COUNCIL
in the Council Chamber, CitY I-Iall Buildifig, on Tuesday, Novcmber 10, 1992, at 11:30 A.M.
Council Members Present.,
John A. Baum, Liriwood 0. Braijcli, Ill, Jamcs W. Brazicr, Jr., Robert
W. Clyburn, Robert K Dcait, Louis R. ioncs, Paul J. Lanteigne, John D.
Moss, Mayor Meycra E. Obcmdorf Naricy K Parkcr and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
- 2 -
CITY COUNCIL WORKSHOP
CAPITAL IMPROVEMENT PROGRAM FY 1992-93 - 1997-98
10:00 A.M.
ITEM # 36189
E. Dean Block, Director - Management and Budget, advised that as a result of the City Council
Workshop for the Capital Improvenient Prograt?t FY 1992-93 - 1997-98, on Saturday, November 7
1992, he was distributing information, including:
Road Projects: financial summary of "RetainlAdvance and
"DeferlDelete " Straw Votes.
Summary of NetworkIService Irnpacts of "DeferlDelete " Straw Votes.
Fiscal Iinpact of Straw Vote to Defer or Delete
A brief overview of the of the purpose atid iieed for each of the road
projects included iii the Straw Vote to Delete or Defer.
Response to Request for Mitiitnum Practical Stormwater Management
Permit Prograni.
CIP Projects iticluded in "Full" atid "Limite@l" Stormwater Programs.
The Straw Vote to "Defer or Delete" lotaled $66,438,670. liowever, because of lost Road bond authority,
a funding source for $4-MILLION of the LYNNHA@N PARKWA Y PHASE XI is permanently lost. The
Resort Streetscape improvenielits would also be aff(,cted I)y $3-MILLION.
Mr. Block advised the three (3) Storl7zwater Utility Optioils:
Fuff Prograt?z
Liniited Prograni
Miiiii?zuni Progral7i
7he Full Program contains testing, monitoriiig, operatiotis aiid maiiitenance encoinpassing twenty-one
(21) CIP Projects over the first six years. 7his would require a utility fee of $3.17. 7he Limited Program
also provides for testing, moniforitig, operatioits and maititenance, but only provides for seven (7) CIP
Projects over the first six years. this would entail a $2.45 fee. Iii calculating the Minimum Progran4 the
City Staff ensured this met the testing, moniforitig, operatio)is and mairitenance needs based upon the
analysis of the permit. 7here are no CIP Projccts, parye; however, there is an allocation of $300, 000 per
year for Capital related permit needs. The resulting fce would be $2.04.
Ralph Sinith, Director of Public Works, advised, through testilig, thirty locations have been determined
to have a problem relative Stornzwater Managenient. 17ie source of thc problems will be determined and
corrected as a part of the pertnit cotiditioris. 7hese locatioiis are irt several different watersheds.
Informatiort regarding the amount of a fee to be utilized for salaries will be provided. This bill would be
mailed as a separate bill otice a year with the opportuiiity to I)ay quarterly.
BY CONSENSUS, City Council will,@CHEDUI,,F,D a CAPITAL IMPROVEMENT PROGRAMFY1992-
93 - 1997-98 WOPKSHOP for Tuesday, November 17, 1992, at 9:OOA.M. in the City Council Chamber.
Navember 10, 1992
3
CITY MANAGER'S BRIEFING
1993 LEGISL4TIVE PACY14GE
]:40 I@M.
ITEM # 36190
Robert R. Matihias, Assistant to the City Maiiager, adviyed tliree Council priorities under Nonfunding
Items of the Proposed Legislative Package:
Power of Eminent Donwin: This is with the caveat that economic
development be fully explairied, that the use of thiv power requests
affirmative vote of two-thirds! of C(@uiicil Members voting on each
condemnation proceeding aiid that flie legisleition will not be effective
unless approved by the voters of the Ci@v of Virginia Beach at a
referendum.
Support of legislation to have tl?c)se coilvicted ()f driving under the
influence pay for City services.
Freedont of Inforniation Act exemptiol7: lliis would allow Executive
Session discussions ()f certairt colitractu(il tnatters.
Mr. Matthias advised the three Couticil priorities for fulidirig issues:
Education: City Couiicil would request ille Commonwealth toprovide full
fitnding of the State's share of the standards ()f quality for public schools
and that no inaridates would be itiade for school programs or any other
programs without adequate fuiidiiig from tlle Cotnmoiiwealth.
Transportation: City Couiicil would oppose atty change to the Highway
Funding that would be dttrimelital t() ille City.
Departnient of Social Services and Departmeizt of Health: Request for
funding for reiit to relocate to a iiew building from the old Miller's
Building. This would be effective July 1, 1993,
ne two Charter Changes would entail:
Elected School Boards iti Virgiiiia Beach: City Couiicil has previously
adopted a Resolution.
Residency requiremeiit f()r City Couticil electioits: Advertisedfor a Public
Hearing on December 1, 1992.
Relative support of a bill sitnilar to .5eiiator Gartlaii's @eiiate Bill 424, which would prevent strategic
lawsuits against public participatioti (SL4PP), a copy of tliis bill andfurther iiiformation will beprovided
to Councilman Bawn.
Mr. Matthias advised other funding issues not prioritized:
Maritie Science Museum
Pt,ndleton Child 5ervice Cetiter
r,ull futiding for @tate aitt to libraries
Amendmeiit to the State Code to allow City logo
licerise plates to be purchased, *
*If funding generated from this effort needs to be earmarkcd ttien beach nourishment activities were an
acceptable earmarking of those funds.
November 10, 1992
- 4 -
CITY MANAGER'S BRIEFING
1993 LEGISL,4TIVE PAC,KAGE
ITEM # 36190 (Contitiued)
77ie following issues will be addressed iti paragraph form:
Dan Stone, the Director of Social Services, has requested that the
General Assembly be made aware of the changes that have been made to
the AFDC standards. These are policy Stalidards that are producing
undesirable effects ort both service availability and service delivery.
Ihe Getteral Assembly will be takirig another look at the regulation of
daycare. Many 'for profit" daycare providers have suggested that all city
owed and operated daycare operatioris be licei7sed. Susan Walston
Director of Parks and Recreation, wivhes to triake the Delegation aware
that although somc City operatioiis may iiee(I to be licensed, that this is
a very detailed question that iieeds to be looked at for both its impact on
the City and how it would impact oti otlier service delivery.
Dennis Wool, the Director of the Departmeiit of Mental HealthIMental
Retardation, has requested iizclusioit of policy language to guarantee
that mental health and substaiice abuse services are considered as
essential health services uiider hospitalization policies.
Two issues not included in the proposed Legislative I'ackage are:
Discussion relative who could be billed ulider the Storntwater utility.
(77ie City is working with Norfolk very closely relative their particular
language to be contaitied iii the Stormwater utility, if adopted).
Discussion relative Beverage Recycling Act (bottle bill).
BY CONSENSUS, the issue relative the Power of Enzinetit Doiiiaill will be removed from the Legislative
Package and addressed as a Resolution at a future City Coulicil @ession.
Further discussion at the December First Workshop will eiic(@mpass issues addressed in the Five Year
Forecast and possible inclusion iri the Legislative Pack@age.
November 10, 1992
- 5 -
ITEM # 36191
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the P7RGINL4 BE,4CH CITY
COUNCIL in the Council Chamber, City Hall Building, ()ii lucsday, Navember 10, 1002, at ]:07 P.M.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Littwood 0. Bratich, III, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Joties, Paul J. Laiiteigne, John D.
Moss, Mayor Meyera E. Oberiidorf Naiicy K Parker and Vice Mayor
Villiam D. Sessoms, Jr.
Council Members Votipig Nay:
None
Council Members Absent:
Non e
November 10, 1992
- 6 -
ITEM # 36192
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIYE
SESSION, pursuant to Section 2.1-344, Codc of rzrgiiiia, as amended, for the following purposes:
PERSONNEL MATTERS: Discussioit or consideratiort of or interviews
of prospective candidates for etnployment, assigitment, appointment,
promotion, performance, demotiort, salaries, disciplining, or resignation
of specific public officers, appoititces, or einpl()yees pursuant to Section
2.1-344 (A) (1).
To- Wit: Appointments - Boards and Commissions:
Community Policy Mallagement Team
To - Wit: Performarice Fvaluations - Council Appointees
Upon motion by 1-ice Mayor Sessoms, seconded by Cou@icilmaii Moss, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, Ill, James W. Brazier, Jr., Robert W.
Clyburn, Robert K Dean, Louis R. Jolies, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obe"idorf Nalicy K Parker aild ;,Ice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Abserit.-
None
November 10, 1992
- 7 -
FORMAL SESION
117RGINL4 BEACH CITY COUNCIL
Noveniber 10, 1992
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINL4 BFACH CITY
COUNCIL in the Council Chamber, City liall Building, on l'ucsday, November 10, 1992, at 2:00 P.M.
Council Members Present.-
John A. Baum, Linwood 0. Branch, III, Jam(,s W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jortes, I'aul J. Lanteigrie, John D.
Moss, Mayor Meyera E. Oberndorf Nalicy K I'arker and Vice Mayor
William D. Sessoim, Jr
Council Members Absent:
None
IN'VOCATION.- 77ie Honorable Meyera E. Oberridorf
Mayor - City of @irginia Beach
PLEDGE OF AU E TO
November 10, 1992
e
CERTIFIC,4TION OF
EXECUTIVE SESSION
ITEM 36193
Upon motion by Vice Mayor Sessoms, seconded by Couiicilrnaii Clyburn, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public busitiess matters lawfully exenipted from Open Meeting
requirements by Virgiriia law were discusved itt Executive @ession to
which this certification resolutiori applies;
AND,
Only such public busiiiess matters as were identified in the motion
convening the Executive Sessiort were heard, discussed or cotisidered by
;-zrginia Beach City CounciL
Voting: 11-0
Council Metnbers Voting Aye:
John A. Baum, Linwood 0. Braiich, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis I?. Jones, Iaul J. Lanteigne, John D.
Moss, Mayor Meyera E. Obertidorf Naiicy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
November 10, 1992
4b,
litsiol:uttfitt
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECLTTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 36192,
Page No. 6, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHERF-AS: Section 2.1-344.1 of the Code of Virginia requires a
certification by the governing body that such Executive Session was
conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies; and, (b) only such public
business matters as were identified in the motion convening this
Executive Session were heard, discussed or considered by Virginia
Beach City Council.
h Hdg. Smlh, CMCIAAE
City Clerk November 10, 1992
9
item IV-EL.
MINUTES ITEM # 36194
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of November 3, 1992.
Voting: 11-0
Council Members Voting Aye:
John A. Bautn, Linwood 0. Branch, III, Jaities W. Brazier, Jr., Robert
W. Clyburn, Robert K Deati, Louis R. Jolies, I'aul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberridorf Naticy K Parker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
Notie
November 10, 1992
10 -
e- IV- G.
PRESENTATION ITEM # 36195
MAYOR'S TROPHY
Gene Luke, Past President and Life Member - Norfolk Bowling Association, preserited the MAYOR'S
TROPHY
Mr. Luke advised the Mayor @ Bowlitig Tournament begaii eleven years ago. Ilortsmouth and Norfolk have
won three times, Chesapeake has woti once and Virgiiii(i Beach is the leader with four victories.
7he Trophy was won by the team led by Couticil Lady I'arker.
November 10, 1992
-H
COUNCIL COMMITTEE PEPORT ITEM 36196
1986 BOND REFERENDA
William A. Schlimgen, Chairman - Borid Referendum Cottimittee, reported ort the obligations and
expenditures incurred by the City through September 30, 1986, on highway and school projects related
to the 1986 Referendum, comnzunity center projects related to the 1987 Referendum, school projects
related to the 1986 Referendum, and the Lake Gastoti Water Resource Project approved in the 1988
Referendum.
Concerning the 1986 Highway Referenduni, the Ferrell Parkway, Independence Boulevard Phase II-A,
Indian River Road, Northampton Boulevard, Gei?eral Booth Boulevard and two Lynnhaven Parkway
projects are complete. Two new projects were schedultd for furiding from the 1986 Highway Referendum
Bonds: Centerville Turnpike, Phase I-A, and Independence Boulevard, Phase IV-A. Due to a surplus
of funds after completion of the original referendurn projects, the addition of these new projects was
possible. Of $40,000,000 authorized, 94.1'Yo, or $37,634,610, as been contracted Page Two of said
report depicts a summary of aproposed reallocatioii of tlie balaiice of the 1986 Referendum dollars, which
would redirect these dollars to the Indepetideiice Boulei,ard, Phase IV-A Project.
Relative the 1987 Recreation Center Referendtint, tlte Great Neck, Bayside aild Bow Creek facilities are
open to the public. 7he Princess Aiine Cominuttily Ceiiier project is 38% complete. Through September
30, 1992, $32,041,443, or 97.511., of ille $32,850,000 total has beeti contracted.
Concerning the 1986 School Referendunt, iiegotiatioiis are underway for the Various School Site
Acquisitions. Construction is complete on Oceaii Lakes, Red Mill Farm, Tallwood and Glenwood
Elementaries. Sites for Landstown (fori7zerly Green Run) Elef7lentary and Middle School and
Strawbridge (formerly London Bridge) Elenientary School huve beeii acquired, Construction is scheduled
to begin on Ocean Lakes High School irt January 1993. A notice to proceed was issued in August 1992
for Corporate Landirig Eletnetitary 5cl7ool. Furids tofaliiig $31,746,216, or 98.3% of the $32,310,000
authorized, have been contracted. Relative the 1989 School Reftrendunz, work is complete on the original
thirteen elementary school gymnasium additioris witli cotistruc ii()ii bids to be advertised for the addition
at the Old Donation Center for the Gifted and Taleilted iii October 1992. Work is complete on
Strawbridge Elementary and the Bayside ai7d Kcllanz High School modernizations. Construction of the
Taflwood High, Landstown Elementary and Landstowii Middle School projects is 9901., 7201o, and 99%
complete, respectively. Of $68,375,000 authorized, $64,381,03, or 94.201@, has been contracted
As indicated in previous quarterly r(,ports, work oii the 1988 Lake Gaston Water Resource Project
Referenduni has been delayed by court iiijuiiction requiriiig tlie City I() await an approval from the
Federal Energy Regulatory Commission. IIowever, iti Deceitiber 1991, the Federal Appeals Court ruled
construction could begin on the overhead crossii7gs (Co)it),act B]) ajid the below-ground portion of the
pump station (part of Contract DI). Coristructioii has beguri oii B] atid the autl7orized portion of Dl, and
is 6% and 9% complete, respectively. Of $200,000,000 autliorized, $24,819,455, or 12.401o, has been
contracted
As per CONSENSUS, the status of ilie Refcrendum Ili-ojects will be advertised in the City's Newspaper
rather than THE BE,4CON.
November 10, 1992
- 12 -
item ]-V-L
CONSENT AGENDA
ITEM # 36197
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in
ONE MOTION Items 1, 2, 3 and 4 of the CONSENT AGENDA.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, Ill, Jatnes W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean*, Louis R. Joiies, Paul J. Lanteigne, John
D. Moss, Mayor Meyera E. Obe"ldorf, Nalicy K Parker and Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non e
*Councilman Dean voted a VERBAL NAY oii Ifem L2 of the CONSENT AGENDA.
November 10, 1992
13 -
e
CONSENT AGENDA
ITEM # 36198
Raymond Barrett, 932 Winwood Drive, Photie: 422-5717, registered iii OPPOSITION.
Upon motion by Vice Mayor Sessoms, seconded by Couiicilmati Clyburn, Cily Council ADOPTED:
Resolution approving issuance of Revenue Bonds by the Development
Authority to:
YMC4 of South Hanipton Roads in aii amouiit not to exceed $1,600, 000
to assist in financing the costs associated wilh construction of an itidoor
aquatic center and locker rootns at its Norfolk facility, outdoor pool
complexes at its Chesapeakc aild Virgillia Beach facilities; and,
refinancing the outstanding principal balance of an existirig $150,000
loan that was used to finance improvemerits to the Virginia Beach
facility.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Jam(,s W Brazier, Jr., Robert
W. Clyburn, Robert K. Dean, Louis I?. Jones, Ilaul J. Lanteigric, John D.
Moss, Mayor Meyera E Oberridorf, Nalicy K. I'arker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
November 10, 1992
A regular meeting of the City Council of the City of Virginia Beach, Virginia,
was held in the City Council Chambers on the 10 day of November, 1992. On
motion duly made the following resolution was adopted by the following vote:
Name Vote
RESOLUTION APPROVING ISSUANCE OF
REVENUE BONDS FOR
YMCA OF SOUTH HAMPTON ROADS
WHEREAS, the City of Virginia Beach Development Authority (the Authority)
has held a public heating on October 20, 1992, with respect to the application of the
YMCA of South Hampton Roads (the Company) for the issuance of the Authority's
revenue bonds in an amount not to exceed $1,600,000 (the Bonds) to assist the
Company in (a) constructing and equipping (i) an indoor aquatic center and locker
rooms at the Company's facility located at 312 West Bute Street in Norfolk, Virginia,
(ii) an outdoor pool complex at the Company's facility at 1033 Greenbrier Parkway in
Chesapeake, Virginia, and (iii) an outdoor pool complex at the Company's facility at
4441 South Boulevard in Virginia Beach, Virginia, and (b) refinancing the outstanding
principal balance of a $150,000 loan to finance interior renovations and surface
parking at the Company's facility at 4441 South Boulevard in Virginia Beach,
Virginia, all such improvements (collectively, the Facilities) to be owned by the
Company;
WHFREAS, the Intemal Revenue Code of 1986, as amended, provides that the
highest elected govemmental officials of the governmental units having jurisdiction
over the issuer of private activity bonds and over the area in which any facility
financed with the proceeds of private activity bonds is located shall approve the
issuance of such bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Virginia
Beach, Virginia (the City), one of the Facilities is located in the City and the members
of the City Council of the City (the Council) constitute the highest elected
govemmental officials of the City;
WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended,
provides that the Council shall within 60 calendar days from the public hearing with
respect to industrial development revenue bonds either approve or disapprove the
issuance of such bonds;
WffEREAS, the Authority has favorably considered the Company's application
and a copy of the Authority's resolution approving the issuance of the Bonds, subject
to tenns to be agreed upon, a reasonably detailed summary of the comments expressed
at tbe public hearing with respect to the Bonds and a statement in the form prescribed
by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed
with the Council, together with the Authority's recommendation that the Council
approve the issuance of the Bonds;
BE IT RESOLVED BY TI-IE CrrY COUNCIL OF TFIE CITY OF VIRGINIA
BEACH, VIRGINIA
1. The recitals made in the first preamble to this Resolution are hereby
adopted as a part of this Resolution.
2. The City Council approves the issuance of the Bonds by the Authority to
assist in the financing of all or any portion of the Facilities for the benefit of the
Company, to the extent required by the Intemal Revenue Code of 1986, as amended
(the Code), and Section 15.1-1378.1 of the Code of Virginia of 1950, as amended (the
Virginia Code).
3. The approval of the issuance of the Bonds, as required by tbe Code and
Section 15.1-1378.1 of the Virginia Code, does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditworthiness of the Company, but, as
required by Chapter 643 of the Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority shall be obligated to pay the
Bonds or the interest thereon or other costs incident thereto except from the revenues
and moneys pledged therefor and neither the faith or credit nor the taxing power of the
Commonwealth of Virginia, the City nor the Authority shall be pledged thereto.
4. In adopting this Resolution, the City, including its elected
representatives, officers, employees and agents, shall not be liable and hereby
disclaims all liability for any damages to any person, direct or consequential, resulting
from the Authority's failure to issue bonds for all or any portion of the Facilities for
any reason.
5. This Resolution shall take effect imtnediately upon its adoption.
Adopted by a quorum of the Council of the City of Virginia Beach, Virginia,
on November 1-0 1992.
2
SUMMARY SIIEET
CITY OF VIRGINIA BEACII DEVI@LOI'MENT AUTI]ORITY
INDUSTRIAL DEVELOPMEN'I' REVENUE BOND
1. PROJECT NAME: YMCA of Dto Qads
2. LOCA,RION: 312 W. Bute Street. Norfolk. VA;
1033 Greenbrier Parkway, Chesapeake,VA;
4441 S. ach, VA
3. DESCRIPTION OF PROJECT: -
4. AMOUNT OF BOND ISSUE:
5. PRINCIPALS: YMCA of South Hampton Roads
6. ZONING CLASSIFICATION:
a. Present zoning
classification of the
Property Norfolk - HCWF2; Chesapeake PUD;
Virginia Beach - I-1
b. Is rezoning proposed? Yes - No x
C. If so, to what zoning
classification?
FISCAL I,%IPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE- October 20, 1992
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PROJECT NAME: YMCA of South liampton Roads
TYPE OF, FACILITY: R,creational Facilities
1. Maximum amount of financing sought $1 600 000
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $ N/A
3. Estimated real property tax per
year using present tax rates $ N/A
4. Estimated personal property tax
per year using present tax rates $ N/A
5. Estimated merchants' capital
(business license) tax per
year using present tax rates $ N/A
6. Estimated dollar value per year
of goods and services that will
be purchased locally $1,000,ooo
7. Estimated number of regular
employees on year round basis 118
8. Average annual salary per employee $14 700
The information contained in this Statement is based
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
4
NS
rJO 2
ic
HLE LAYES
HARLESTOI'.i
J-AKES SOUTF.
S
J,
r
PROJECT NAME: YMCA OF SOUTH HAM.PTON ROADS
PROJECT ADDRESS: 1033 Greenbrier Parkway
Chesapeake, VA
TYPE OF PROJECT: Recreational Facilities
iuw@
,@. 'ki-
OOD
0.@
PROJECT NAME: YMCA OF SOUTH HAMPTON ROADS
PROJECT ADDRESS: 4441 South Boulevard
Virginia Beach, VA
TYPE OF PROJECT: Recreational Facilities
I
I
'@-I 1 3.-
650 000
t
& S.
@Ti
ay
d;y
PROJECT NAME: YMCA OF SOUTH HAMPTON ROADS
PROJECT ADDRESS: 312 West Bute Street
Norfolk, VA
TYPE OF PROJECT: Recreational Facilities
- 14 -
Item IV-Ll.b
CONSENT AGENDA
ITEM # 36199
Upon motion by @ice Mayor Sessoms, seconded by Councilmaii Clybur@i, City Council ADOPTED:
Resolution approving issuarice of Reveiiue Ilonds by the Development
Authority to:
Cape Henry Collegiate School, Inc. iti ait amourit not to exceed
$2,500,000 to assist in financing the costs associated with construction
of additional educatiort and related facilities at 1320 Mill Dam Road;
and, refinancing the outstandirig balatice of the Aulliority's $1,750,000
Revenue Bond Series 1988 and $550,000 Revenue Bond Series 1991
issued to the SchooL
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jolies, llaul J. Lanteigric, John D.
Moss, Mayor Meyera E. Obertid()rf, Nalicy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
Navember 10, 1992
A regular meeting of the City Council of the City of Virginia Beach, Virginia,
was held in the City Council Chambers on the 10 day of November, 1992. On
motion duly made the following resolutioii was a(lopted by the following vote:
Name Vote
P,ESOLUTION APPROVING ISSUANCE OF
P-EVENUE BONDS FOR
CAPE IIENRY COLLEGIAI'F: SCHOOL, INC.
WHEP,EAS, the City of Virginia Beach Development Authority (the Authority)
has held a public heafing on October 20, 1992, with respect to the application of Cape
Henry Collegiate School, Inc. (the Company) for the issuance of the Authority's
revenue bonds in an amount not to exceed $2,500,000 (the Bonds) to assist the
Company in (a) constructing and equipping (i) a one-story gymnasium and locker
room addition to the athletic facility containing approximately 12,500 square feet, (ii)
a two-story classroom building containing approximately 32,000 square feet, (iii) a
two-story library containing approximately 20,000 squaie feet and (iv) a one-story
administration office containing approximately 5,000 square feet, each such
improvement to be located at the Company's 29.50 acre campus at 1320 Mill Dam
Road in Virginia Beach, Virginia, and (b) ref-inancing (i) the outstanding principal
balance of the Authority's $1,750,000 Revenue Bond Series 1988 issued for the
benefit of the Company to assist in the constructioti and equipping of an
approximately 30,000 square foot classroom building expansion and (ii) the
outstanding principal balance of the Authority's $550,000 Revenue Bond Series 1991
issued for the benefit of the Company to assist in the construction and equipping of an
approximately 30,000 square foot athletic facility, both such improvements being
located at the Company's 29.50 acre campus at 1320 Mill Dam Road in Virginia
Beach, Virginia, and all sucli improvements (collectively, the Facilities) being owned
or to be owned by the Company;
WHEREAS, the Intemal Revenue Code of 1986, as amended, provides that the
highest elected govemmental officials of the govemmental units having jurisdiction
over the issuer of private activity bonds and over ilie area in which any facility
financed witli the proceeds of private activity bonds is located sliall approve the
issuance of such bonds;
WHEREAS, the Authority issues its bonds on behalf of the City of Virginia
Beach, Virginia (the City), the Facilities are or will be located in the City and the
members of tlie CitY Council Of tile City (tlie Council) constitute the Ilighest eiccted
govemmental officials of the City;
WHEREAS, Section 15.1-1378.1 of the Code of Virginia of 1950, as amended,
provides that the Council shall within 60 calciidar days from the public heal-ing with
respect to industrial development revetiue bonds eitlier approve or disapprove the
issuance of such bonds;
WHER-EAS, the Authority has favorably considered the Company's application
and a copy of the Authority's resolution approving the issuance of the Bonds, subject
to terms to be agreed upon, a rcasonably detailed summary of the comments expressed
at the public hearing with respect to the Bonds and a statement in the fortn prescribed
by Section 15.1-1378.2 of the Code of Virginia of 1950, as amended, have been filed
with the Council, together with the Authority's recommendation that the Council
approve the issuance of the Bonds;
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA
1. The recitals made in the first preamble to this Resolution are hereby
adopted as a part of this Resolution.
2. The City Council approves tlie issuance of ttie Bonds by the Autliority to
assist in the financing of the Facilities for the benefit of the Company, to the extent
required by the Intemal Revenue Code of 1986, as amended (the Code), and Section
15.1-1378.1 of tlie Code of Virginia of 1950, as amended (the Virginia Code).
3. Tlie approval of tiie issuance of the Bonds, as required by the Code and
Section 15.1-1378.1 of the Virginia,Code, does not constitute an endorsement to a
prospective purchaser of the Bonds of the creditwoilhiness of the Coinpany, but, as
required by Chapter 643 of the Acts of Assembly of 1964, as amended, the Bonds
shall provide that neither the City nor the Authority sliall be obligated to pay tile
Bonds or the interest thereon or other costs inciderit thereto except from the revenues
and moneys pledged tlierefor and neither tlie faith or credit nor the taxing power of the
Commonwealth of Virginia, the City nor the Authority shall be pledged thereto.
4. In adopting this Resolution, the City, including its elected
representatives, officers, employees and agents, sliall not be iiable and hereby
disclaims all liability for any damages to any person, direct or consequential, resulting
from the Authority's failure to issue bonds for the Facilities for any reasoll.
5. This Resolution shall take effect iminediately upon its adoption.
2
I
I
Adopted by a quorum of the Council of the City of Virginia Beach, Virginia,
on November 10 1992.
I
1
3
r
CITY ()r VIPC[tl[A ilrACII I)rVFr,(It'rlF7t)'r Al@1'ritOlliTY
r
[zVril(ir iiorit)
1- PNOJFCT NAIIE: Cape Henry Collegiate School, Inc.
2. LOCATION: 1320 Mill Dam Road
Virginia Beach'. Vi-rginia 23454
3. DESCRIPTION OF PPO,IECT! Educational facilities including
l@assrOOms 1 b@rary, @na@ium
4. AtiOUNT OF Botio ISSI)E: $2,500,000.00
5. PRINCIPALS. ape He 01@le@a e@Sc .@l,
6. ZONITIG CLASSIFICATION:
a. Present zoning
Classirication Of Lile
Property R-3/R-4
b. Is rezoning pr,po,ed? Yes No x
C. IC So, Lo wilat zoliing
classification?
FISCAL IMPACT STATEMENT
FOR PROPOSED INDUSTRIAL REVENUE BOND FINANCING
DATE:
TO: THE CITY COUNCIL OF VIRGINIA BEACH, VIRGINIA
PRO,@CT NAME: Cape Henry Collegiate School .- Library Additi,n
TYPE OF FACILITY:
1. Maximum amount of financing sought $ 2,500,000.00
2. Estimated taxable value of the
facility's real property to be
constructed in the municipality $
3. Estimated real property tax per
year using present tax rates $ -o-
4. Estimated personal property tax
per year using present tax rates $ -o-
5. Estimated merchants' capital
(business license) tax per
year Using present tax rates $ -o-
6. Estirnated dollar value per year
of goods and services that will
be purchased locally $ 4 200 000.00
7. Estimated number of regular
ernployees on year round basis 100
8. Average annual salary per employee $ 25 Ooooo
The information contained in this Statement isibased
solely on facts and estimates provided by the Applicant, and
the Authority has made no independent investigation with
respect thereto.
CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY
By
Ch.1ran
G H
PROJECT NAME: CAPE HENRY COLLEGIATE SCHOOL
PROJECT ADDRESS: 1320 Mill Dam R,,d
TYPE OF PROJECT: Virginia Beach, VA 23454
Educational Facilitics
- 15 -
Item IV-LZ
CONSEA'T AGENDA
ITEM # 36200
Upon motion by Vice Mayor Sessoms, seconded by Councilitiall Clyburti, City Council ADOPTED:
Ordinance to AMEND and REOPDAIN Chapter 25 of the Code of the
City of Virginia Beach, Virgiiiia, by ADDING @ectiort 25-12 re
pawnshops.
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Louis R. Jones, Paul J. Lanteiglie, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker atid Vice Mayor William D.
Sessona, Jr
Council Members Voting Nay:
Robert K Dean
Council Members Absent.-
None
November 10, 1992
APPROVED AS TO CONTENTS
IIGNAI@j'@
DE P,@.@<1
APPROVED AS TO LEGAL
s ORM
1 AN ORDINANCE TO AMEND AND REORDAIN
2 CHAPTER 25 OF THE CODE OF THE CITY
3 OF VIRGINIA BEACH, VIRGINIA, BY
4 ADDING A SECTION 25-12 PERTAINING TO
5 PAWNSHOPS.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Chapter 25 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained by adding a new section
10 25-12, to read as follows:
11 Section 25-12. Limitation as to number of Pawnshops.
12 (a) No more than fifteen (15) pawnshops shall be licensed to
13 overate in the city at any one time.
14 (b) Notwithstanding the provisions of subsection (a) , any
15 pawnshop licensed to operate in the city as of the date of adol)tion
16 of this section may remain so licensed as long as such Pawnshop
17 shall remain continuously in operation.
18 (c) The commissioner of revenue shall not issue any license
19 to overate a pawnshoip. excet)t to renew any license in good
20 standing, unless the number of pawnshops licensed has been reduced
21 below the maximum prescribed herein.
22 (d) When the number of pawnshops in the city has reached the
23 maximum Prescribed herein, the commissioner of revenue shall file
24 a statement with the Circuit Court that the maximum number of
25 pawnshops authorized to be overated in the city has been reached.
26 (e) For purposes of this section, the term Ilipawnsho]Dll shall
27 be deemed to include pawnbrokers' sales stores.
28 Adopted by the Council of the City of Virginia Beach, Virginia
29 on the 10 day of November 1992.
30 CA-4814
31 \ORDIN\PROPOSED\25-012.PRO
32 R-2
- 16 -
Item IV-L3.
CONSENT AGENDA
ITEM # 36201
Upon motion by Vice Mayor Sessoms, seconded by Councilitiati Clyburn, City Council ADOPTED.-
Ordinance to AMEND and REORDAIN @ection 23-30 of the Code of
the City of Virgiiiia Beach, Virgiiiia, r(,, niassage parlors.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. liranch, III, James W Brazier, Jr., Robert
W Clyburn, Robert K Deart, Louis R. J()Iies, I'aul J. Lanteigile, John D.
Moss, Mayor Meyera E. Oberildorf Nalicy K. Parker aild rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
November 10, 1992
1
2
3
4
5
6
7
8
9
SECTION 23-30 OF THE CODE OF THeE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO ~SSAGE PARLORS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That Section 23-30 of the Code of the City of Virginia
Beach, Virginia, is hereby amended and reordained to read as
follows:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
Section 23-30. Physical contact with members of opposite sex at
massage parlors, etc.
(a) It shall be unlawful for any person to operate any
establishment, regardless of whether it is a public or private
facility, as a massage salon, bath parlor or any similar type
business, where any physical contact with the recipient of the
services of such establishment is provided by a person of the
opposite sexT, or for any person to perform for compensation any
service in the nature of body massage or bathing, involvin,!
physical contact with a person of the opposite sex.
(b) This~v.,~ ~ha~ not ~.- to a ~ ........ ' '
~ .... or, ~ ~"~ ' by
...... r ........ ny ~ ....... or ...... p ....... This~,,-^-~ ~hall
~ ............ p~ or ..... 3 ~ .............. massa~a is
~h~ face, L~ ..... u,~ or ~-he-~ ..........
(b) This section shall not apply to:
(1) Any licensed physician, chiropractor or physical
therapist, or any licensed nurse actinq under tha
direction of a licensed physician, chiropractor or
physical therapist.
(2) Any barbershop or beauty parlor in which massaqe is:
qiven to the scalp, face, neck or shoulders.
3 5 Anv massaap
36 b
37 graduate c)f a i-,,,
38 instruction in +i,-
39 vi
40 ipassed the ination for
41 Pr
a
42 member in ac)nrl the.American Massa e
43 Th the
44 purr)oses of t-hi, ma
45 include Physical contact with thp
46 either sex or the fmale brats.
47 '4) hich
48 of
49 subsection (b) (-I) ( i olled in
50 such a schc)ol whii.
51 instructor.
52 (C)
53 subs St o aw
54 enforcement nffi,.,
55 evid
56 (ed-) Any person who shall violate t-he any provisiona of this
57 section shall be guilty of a Class 4 misdemeanor and each day's
58 operation shall constitute a separate offense.
59 Adopted by the Council of the City of Virginia Beach,
60 vircjinia, on the 10 day of November 1992.
61 CA-4035
62 ORDINI\PROPOSEE)'\23-030.GRD
63 R-3
2
- 17 -
Item IV-L4.
CONSEA'T AGENDA
ITEM # 36202
Upon motion by Vice Mayor Sessoms, seconded by Couticilmaii Clyburn, City Council ADOPTED:
Ordinance declaring 1.573 acres of larld oli ille Southwestern shore of
Lake Rudee as EXCESS property; and, authorizing the City Manager to
convey same to the United States Navy (IYNNILIVFN BOI?OUCfl).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and @ice Mayor
grilliam D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
None
November 10, 1992
t i A i
A P P P, 0 v
1 AN ORDINANCE DECLARING CERTAIN (,ITY A,TTORN@ly
2 PROPERTY EXCESS AND AUTHORIZING THE
3 CITY MANAGER TO EXECUTE AN AGREEMENT
4 FOR PURCHASE AND TO CONVEY SAID
5 PROPERTY IN THE MANNER HE DEEMS IN
6 THE BEST INTEREST OF THE CITY OF
7 VIRGINIA BEACH
8 WHEREAS, per chapter 659 of the 1989 Acts of the Virginia
9 General Assembly, the City of Virginia Beach acquired all rights,
10 title and interest in and to any real property vested i, the
11 Virginia Beach Erosion Council; and
12 WHEREAS, the Virginia Beach Erosion commission may have
13 acquired certain interests in property in and adjacent to Lake
14 Rudee as described in Deed Book 822, at page 193; and
15 WHEREAS, the City Council is of the opinion that the
16 following described portion of the above property is in excess of
17 the needs of the City of Virginia Beach.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
19 OF VIRGINIA BEACH, VIRGINIA:
20 1. That the following described property is hereby
21 declared to be in excess of the needs of the city of Virginia Beach
22 and that the City Manager is authorized to execute the attached
23 Agreement For Purchase Of Real Property and convey said property in
24 the manner he deems in the best interests of the City of Virginia
25 Beach reserving therein any and all easements pertaining thereto.
26 All that certain portion of land lying,
27 situate and being in the city of Virginia
28 Beach, Virginia and designated and described
29 as: "PARCEL B-1: 1.573 ACRES (TOTAL)," as
30 shown on that certain plat entitled:
31 "ATLANTIC DIVISION SUBDIVISION OF PROPERTY OF
32 VIRGINIA BEACH EROSION COMMISSION PARCEL B
33 M.B. 60, PG. 15, D.B. 822 PG. 193 LYNNHAVEN
34 BOROUGH VIRGINIA BEACH, VIRGINIA."
35 2. This ordinance shall be effective from the date of
36 its adoption.
37 Adopted by the Council of the City of Virginia Beach,
10 November
38 Virginia, on the- day of 1992.
39 CA-4891
40 ORDIN\NONCODE\B-l.ORD
41 10/3 0/9 2
NOTE: PursuanttoSectionl5.1-307oftheCodeofVirginia,a recordedaffirmative
voteofthree-fourthsofallthememberselectedtoCouncilisrequired.
AGREEMENT FOR PURCHASE
AGREEMENT by -d b@t-@, OF REAL PROPERTY
CitY of Virgil)ia Beach, a municipal corporation of the Commonwealth of Virginia
h-i,.ft@, Ikd th@ "V,,do,," ,d th, Ulit@ Stt@@ @f A@@,i,@, h-i@.ft@, th,
THE VENDOR AGI?EES TO SELL, AND THE GOVERIVMENTAGREES TO PURCHASE, f@, tl,,
Thousand d@ll .. ($ 24,000.00
t-g@th@, -ith th@ buildi@g@ .,d th@ 1.@d d@@@,ib@d b@lb.,
.,d g.,-l t@ I-.t,d @,d @ll light', -d th--t. b@l@vig, @,bi@,, to th@
@@, f.,th th 01 thi@ p@g@ ,d @, 'h@ -.- @id@ h@-f -d @ th, dditi@,@l povi@io,@, if -Y, h-i@ by tt.@h.-,
LOCATIONANDDESCRIPTIONOFPROPERTY:
See Attachment No. I --(Proposed Subdivison Plat showing Parcel B-1 which is
approximately 1.573 acres)"
Attachrnent No. 2 (Proposed Quit Claim Deed of the City of Virginia Beach to
United States of America)
Z RIGHTSOUTSTANDINGIIVTHIRDPARTIESOTHERTHANSPECIFIED
IN PARAGRAPH (@) OF THE GENERAL PROVISIONS 0 N@- D@@@,ib@d ih Attlh-@t N@.
3 RIGHTS RESERVED BY VEA(DOR [XI N@,, L:]D@@@lib@ i@ A tt.@h.-t N@.
4. Th. V.@d@, g@,@ . gi@ Ih@ p..-i@, @f id P,@Pl,,, p@, I f Ih@ p,@h- pi,@, If th@ i, i,,,,,d b,
d-11;@g, ., . b.@i,- @, f.,. @p-ti.@, .@d Ih@ .@d., h. ., h.d i@@,y (90) dy@ f@ll -it@, 1-ti@ t@ ..t, @@ Ih@ dl f ,y-,, @f th,
th@ .@d@, -y, @t hi@ @pti@l, i, P@-Ili- ,lit th, flll li@@ty (90) d@y@ h.@ @@pi,@d. If p@@-,i@, i, t@ b. d@li-d p@@ th., th@ d.@ @f p@y-
-@t f th@ p,,@h.. pi,@, @, @t @, p,vidd i, th@ p@l-dllg Plvili@, th-to, b, @,d, , th. f.- f @, tt.@h.@,t t@ thi@ Ag,@@.@@t.
5. Th@ @,@-t@d .py @f th@ @g-@@'t, @f th@,@.f, @h.11 b@ th@ V@@,Y@, @t h@ @dd,@@,:
6. EXECUTION BY VENDOR (S@, /1- 6 @f Di,@cti.,,)
IF VENDOR IS A CORPORA T/OA(, CERTIPICATION BY SECRETARY OR ASSISTANT SECRETARY
c@ltify th.t th@ p-, @h@ @ig,ld th@ @,, b@h.If @f th@ V@,d,, -1 Ih- th@ Olf,,, i,dicl@d @@d thi, g,-@@,t -@ d,,Iy ,g,@d f@, .,,d i, b@h@lf
.f id C.,p@.1i@, by .,Ii,@,ity @f it, g@-,,@g b@dy .,,d , @ilhll h, c@,@ f i,, p,-,,,
THE UNITED STATES OF AMERICA 7. EXECUTION FOR AND ON BEHALF OF THE GOVERNMENT
BY
.@l-@T @l @ATA
.1.1 @ IliT ..... -- -
U.S. Naval Air Station, Oceana ic Di-,ision, Naval Facilities
Virginia Beach, Virginia 23460 ering Command, Norfolk, VA 23511-6287
I I A @ I I (, "i, i"
N 2470-92-
NF(R@ RP-00668
A@Tllll I
A& 720@ 000 478 60951 2D V47898 0021 3 6
005604 953 020 _IZ4,000@00
S/N 01.5 Ll-..@ 561 1
9. GENERAL PROVISIONS
PAYMENT AND CONVEYANCE. Th@ f., @id [,.I] b, f. IIESCRIPTION, TI@@ b... d@,@,ip@i.. .(,h, pl-@lly i@ @.bj@@
p.id @h@. Ih@ h@, h@d .@,,d 11@, ill, @li ..... . . .. b@ '@@@y (if @.y) ..d@ by Ih@ f 11,@
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@,,,Id i. Ih@ "@.1 f @ bll.@h @f It@@ by Ih@ V@,@d@,, ..d (ijl
LIENS. Th@ V,.d., @h@, .11 P.@.11, @ldilil,@ ,, .., 1. .[,id@ i, @@y b@ .@i,l@d by 1.@, 1.
li@@ 'h@ P,.,,,Iy .1 h, li.,@ @lf 1. I@@l b, ., i,fi@d pl@,y i,, by I@, l@i, d,@ly
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.1'. P.y Ih@ @.d., h,f
@hi@h .,@ @l@.bl@ @,i,@d 1.
li@l, i. h, Ih@ d@l@ .1 hi,i@.... i, i (OVENANI AGAINST CONTINGENI FEES. T],, V,.d.,
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by Ih, l@.d... f., Ih@ p.,,.@ @f i,,, F.,
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li@h.lily, ,f@@ ....... ...... li@i, I,.Il .@, @,ply @. li@,,@d .) 111.1@
@f @h, ,i,,
CONDEMNATION. Th, V@.d., g,@@, Ih.@ l,, @@y, @, i,, j NUMBER Wh@,,,,, lb@ Ih@ .@.b,, .@ ..d
lill@ 1. @.id p,.,@,ly @, ..y p.,Ii.@ Ih@,@.f ,, ..y i., .... Iby ... d,. b@ @.d ., pi.,@]@
., .'h,, j@di@i.] i@ @hi@h .... I Ih@ V,@d., @ilh
lb@ @h, @f P'.@@,di,,,, @,,d @l,@ g.... h, ,),,id- k REPRESENTATIONS All .@d ..dili.@@ ilh @l,,l l@, 'hi,
h,,@i@b,f@,@ @,.@@d @h.11 b@ h@ 1.11 f Ih@ ..@,d f j@,, f h@,@i. .,@d @h@ V.d., Ih@l @.
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,h., .jd ... h@ll .1,@ b, i. f@ll f @,,y ..d il @f 111, I ADDITIONAL PROVISIONS. Addili ... I i.,.,p.,.,@d by
V@.d., f., p.y.,@, f@, Ih@ p,.@id,d f., ..d f@l.i., . .,@ f Ihi@
MPRC)VED AS TO Cui,,,.
SIGNATURE
DEPARTMENT
'APPROVED AS T(D LEGAL
SUFFICIEI@CY Ar-11.) F
BEGIN JING ati the poirii n iilie lPpr(),:Imate niean
lower low water lirie of Lake (Point G) , said
polnt nf I)egiririii)g I)eing Loc@,it('(i l@ -@2I)dO'54" W, 46.40
feet froni Lli(:., iiio,.;t east(@-ly T)C)ir)t of f)rcdp rty c)f
Virginia Beacli FLrosion Cominissic,ri as described in Deed
Book 822, page 193, and on the li.ne prcperty of the
LJnited Stat(ls of America Par(-el 416-A as depicted in
Map Bool< 160, page 36; therice from SEI!D p()int C)f
beginniiig along the line of parcel 416-A the following
courses and distances: N 32-40'54" W, '03.68 feet to
point A; thence a curve to the left having radius =
911.38 feet, ARC - 668.23 feet, Delta = 4210013411, Chord
and Bearing - 653.36 feet at N 53@141'11" W to a concrete
monument (Point B); thence a curve to the right having
radius @- 160.00 feet, ARC = 79.12 feet, Delta = 281
20'01", Chord anl Bearing = 78.32 feet at N 601 311271, w
to an iron pin; thence N43138'33" E, 71.34 feet to the
man lower low water line of Lake Rudee at Point D
(Point D approximates mean lower low water); thence
along the mean lower low water line of Lake Rudee, the
following courses and distances, approximating the mean
lower low water li6e from Point D to Point E;
S 36-50'14" E, 21.77 feet; S 621130'35" E, 30.68 feet;
S 70-47'51" E, 45.54 feet; S 68,53'37" E, 56.58 feet;
S 62-40'52" E, 37.3.7 feet to Point E; thence extending
iTito Lake Rudee, N40110117" E, 147.20 feet to a point;
thence S 49149143" E, 230.00 feet to a point; thence S
40-1011711 W, 130.91. feet to the mean lower low water
line Lake Rudee at Point F (Point F approximates mean
lower low water), thence along the rnean lower low water
line Lake Rudee, the following courses and distances
approximating the mean lower low water line from Point
F to Point G: S 46,56'46" E, 29.09 feet; S 50114'11" E,
31.11 feet; S 45153'41" E, 7 9 . 5 9 feet; S 51107 1 1B" E,
1 4 . 92 feet; S 42,14'15" E, 50.75 feet; S 4 712 4 1 0811 E,
52.79 feet; S 3 6119'48" E, 4 3 . 7 9 feet; S 14155 1 3011 W,
15.98 feet; S 38145' 19" E, 71.68 feet; S 2 4112 13 911 E,
4 0 . 5 9 feet; S 16106'53" E, 1.5.53 feet; S 57102 126" W,
11.94 feet; S 81'41'26" W, 10.15 feet to the point of
begir,riing (Poiiit G) containing a total area of 1.573
acres and being a portion of that property described in
Deed Book 822, page 193 in the office of the Clerk of
the Circul.t Court, Virginia Bea--Ii, Virginia, and shown
on Atlantic D,'-,,,ision, Naval Facilities Engineering
Coinmand, Drawing Nos. 4236898 and 1236899, entitled
"Subdivis,'-on of Property of Virainia Beach Erosion
Commission, Parcel B ..." attac@ed hereto and made a
part hereof.
Attachment No. I
--
OWLS
N
UBJECT
PROPERTY
ST@
R
6
-i
m
< N
z
< LE CREEK NAB
bi (ANNEX)
C)
I0 -
LOCATION MAP NOT TO SCALE
I LOWER
I k
77'
sa' I
54' 1/2
58'
37'
(250 INTERVALS)
NCED TO \ARGINIA
E COORDINATE
i'N INC. SYSTEM SOUJH ZOMF NAI
27 (FLER)
)00 CORPOR@ IION
COBO CORPOR@T$I)N
D & 26J,. pr@ @2
PG 14
III E_N @7 3@os.
1" 6
N 73 -3 44- E
3 16'
5 15 " 34 E
36 70'
S 17-29'02- E
S 58 21'05 E
32,41'
S 68'12'1@ E
13.9 4
bb
3731 41- IHE UNDERSIGNET) CERTIFY TH@T 7@IIS SUBT)IMSION AS IT APPEARS
.27 (TI)T@L) -
ON THIS PT.AT CONFORMS TO THE APPLICABLE REGULA11ONS RELATING
TO THE SUBDIASION OF LAND ANt) IS ACCORDINGLY APPROVET),
By SUC@L APPROVAL, T@4E UNI)ERSIGNED DO NOt CERTIFY AS TO
114F CORRECTNESS OF @4E BOIJNDARY. STREET, OR OTF4ER LINES SHOWN
ON THIS PL.T.
APPR@D:
HARBOR POINT OIRECTOR OF PLANNIWG-- OATE:
". I's @ @ " "RG;NIA BEACH, MRGINIA
61. 1- 22
APPROVED: DATE:
DIRECTOR OF PUBLIC WORKS
'ARGINIA BEACH. "RG)NIA
S 68-02-29- E,
8,65
(TIE LINE)
IIIFIIEIICE Pll "
N 9' @l ACCESSABLE \NRGINIA:
2 E POINT
45'52
5 77- (NO PIN SET)
(TIE LINE) IN TliE CLERK'S OFFICE OF @E CIRCUIT COURT OF "RCINI@ HEACH,
REFERENCE PIN SE \ARGINIA, ON THE -- OF g
RECEIVED AND ADMITTED TO RECORD IN Boo@ . IQIS PLAT WAS
INSET PAGE AT
NOT TO SCALE
TESTE:
CLERK
H@D/EURE ASSOCIATES Al
-ESKEY
ATLANTIC DI\ASION
Vi,gi.i. 13703 NAVAL STATION
@F@ D 336599 - NORFOLJ<. VA.
10@ 9FO213 - SUBDI\ASION OF PROPERTY OF
- MRGINIA BEACH EROSION COMMISSION
EMI@4 PARCEL B
CRE
M.B- 60 PG. 16, D.B. 822 PG. 193
IGI. - -IS. .1@, LYNNHAVEr4 E3'ROUIH VIRGINIA BEAC@L. VI@IGI[41A
All@.@D DA
400' ACTIM@- AT]SrACT@To 6899
Al@R.
TRAVERSE 0 TO E
APPROXIMATING MEAJ
LOW WATER UNE.
S 36'50'14'E21
S 52'30'35'E3C
S 70'47'51'E41
RUDEE INLET YAC@4T BASIN INC. S 68'53'37'E51
@.. I'll. ", 116 S 62'40'52'E3i
.R 8. 16 I
N 60'52'57' E
RUDEE INLET YACHT B)
UNITED STATES N 60'52.57-
OF AMERICA
D.B. 2316, PG. 1833 868.,,-
D.B. 2316. PG. 1837
D.B. 1626. PG. 506
M.B@ 160 PG. 35
M.B. 161 PG. 48 LAKE RUDE
M.S@ 189, PG. 31
D.S. 2223, PG. 11 N
11, 5,08 55'
PIN 06' -N 5- -
(FOUN 206,23'
211. 8- 4
PARCEL 204.44'
416-8 VTRGIN@ BEACH EROSION COMMISSION
D.8, 363,
PIN 8'41' W
(FOUND) 7' TOTAL ITED STATES OF AMERICA
RADIUS-160.00' A (RUDEE INLET EASEMENTS)
ARC=57.30 PARCEL 035
P,M w I)EED BOOK 2860, PAGE 1928
(FOUND)@ DEED BOOK 2600. PACE 1654 & 165!
ARC-33.00-
DELTA-11'49'02
PIN SE7-
ARC-79.12' PROPERTY UNE IS APPROXII ATE
DELTA-28-20'0,. WEAN LOWER LOW WATER UNE.
-1 LAKE RUDEE
CONCRETE N 75'2355" W
MONUME)4
FOUND 1-
TOTAL CURVE B-C A.ERICA
RADIUS-160.00' SEMENTS)
7 'a.s50,07 o," w 36
ARC-112.1 V &47 -- ;@@-
DELTA-40'09'03' DEED BOOK 2860. PAGE 1926
TANGENT-58.47' q DEED BOOK 2600. PAGE 1655
-31'09"
CHORD-109.84'
BEMING-14 54'36'56' W .52- (TOT@L)
TOTAL CURVE A-B 52'07'42- E E
RADIUS-911.38' 4 4/-6
' "O@'Ll
ARC-668.23'
DELTA-42-00'34'
TANGENT-349.93' 01
CHOF,'DT-653.@-6'
BEARIN@N 53'41'11' W PARCEL B- 2 3' E
17'W
TRAVE.RSE F TO 0 (TOTAL) S 6219'24- E 4'23'0
APPROXIMATING MEAN LOWER 502003' 47.68'
LOW WATER UNE. 80 (TOT@L) 18,74'
S46'56'46'E29.09' - w N@4
S50-14'11'E31.11' 27 4. 42'39
S45'53'41-E79.59' 59.4!
S5i'07'18'E14.92'
S4214'15'E50.75' 41,03' @.,4'257 @j
S4724'08'E52.79' VIRGINIA BEACti EROSION ,OMMISSION S 3 -
S36'19'48'E43.79' N 37'20'44' W ,B, @,2, "@ ",l 74'
S14'M'30'W15.go, 51.08' .8 60, POI 11
S38'45'ig'E71.68'
S241 2'39-E40.59'
s16W,53,w15.53, PROPERTY UNE IS APPROYJMAIE
S57'02'26'W11.94' MEAN LOWER LOW WATER UNE.
S81'41'26'W10.15'
PARCEL S Og,)O'28' W
416-A SEE INSET 33,92'
UNITED STATES
OF AMERTCA THIS SHEET_ LAKE RUDEE
0.8. 2316, PG. 1833
D.B. 2316, PG. 1837
D.B. 1626. PC 506
. 0. 160 PG. 3@
M.B. 161 PG. 48 N 3V40'54' W,
M.B. 189, PG. 31 103.68, FM
D.B. 2223, PG. 110 (p A04LLW F. WAYNE MC
OB) .8. 2@. A
N 32'40'54' os- @2a
30.86'
35.15'
N'.
OWL CREEK CITY OF MRGIN;A BEAC[I
la ",
lo@ iGRAPHIC SCALE
112, la 51A
0 100' 200' 30(
i' = i oo, I
- 18 -
Item IV-J, 1.
OPDINANCES
ITEM # 36203
Ihomas J. Lyons, 3600 Pacific Avenue, Phone: 425-5422, Chairman of Advertising Review Commission
E. George Minns, Post office Box 4548, Plione; 463-375,3, 1resident - NAACP
A Motion was made by Councilman Jories, seconded by Couiicilmaii Branch, to ADOPT an Ordinance
authorizing the City Manager to enter itito a contract on bchalf of the City of Virginia Beach with Brickell
and Associates for administration of the public relatioizs accounts of the Economic Development and
Convention and Visitor Developnzent Departi?zeiits. MOTION WAS WITHDPAWN.
Upon motion by Councilman Jones, seconded by Councilmaii Branch, City Council DEFERRED until
the City Council Session of November 24, 1992:
Ordinance authorizitig the City Manager to eliter into a contract on
behalf of the City of Ilirginia Beach for adtninistration of the public
relations accounts of the Econontic Developillent and Convention and
Visitor Developnient Departi7tents,
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancii, III, James W. Brazier, Jr., Robert
W. Clybur@t, Robert K Dean, Louis R. Jones, ]laul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberridorf Nalicy K. Parker and Pice Mayor
William D. Sessomy, Jr
Council Members Voting Nay:
None
Council Members Absent:
Non e
No,vember 10, 1992
- 19 -
Item IV-J.2
OP,DINANCES
ITEM 36204
E. George Minns, Post Office Box 4548, President NAACP, spoke in OPPOSITION.
Upon motion by Vice Mayor Sessoms, seconded by Councibnan Moss, City Council ADOPTED.,
Ordinance to "END and REORDAIN the Code of the City of Virginia
Beach, Virginia, by ADDING Appendix H to be entitled "77ie Storm
Sewer System Discharge Ordinance" re certain non-stormwater
discharges of pogutants into the City's storm sewer system.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancl; III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis P, Jones, Paul J Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and rzce Mayor
William D. Sessotw, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
None
November 10, 1992
APPROVED
4,' C
AS TO LEGAL
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH BY THE ADDITION OF AN APPENDIX
4 H THERETO, TO BE ENTITLED "THE STORM
5 SEWER SYSTEM DISCHARGE ORDINANCE,"
6 PERTAINING TO CERTAIN DISCHARGES OF
7 POLLUTANTS INTO THE CITY STORM SEWER
8 SYSTEM
9 1. Title.
10 2. Findings of fact.
11 3. objectives.
12 4. Definitions.
13 5. Prohibitions.
14 6. Inspections and monitoring.
15 7. Penalties.
16 S. Effective date.
17 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
18 VIRGINIA:
19 That the Code of the City of Virginia Beach be, and hereby is,
20 amended and reordained by the addition of an Appendix H thereto,
21 pertaining to certain non-stormwater discharges of pollutants into
22 the City's storm sewer system, the provisions of which shall be as
23 follows:
24 Sec. 1. Title.
25 This ordinance shall be known as the Virginia Beach Storm
26 Sewer System Discharge ordinance.
27 Sec. 2. Findings of fact.
28 The city council finds that the uncontrolled discharge of
29 ipollutants to the storm sewer system h he
30 water quality of the receiving waters. More specifically:
31 (a) The water quality of discharges from sedarate storm
32 sewers draining residential, commercial and light industrial sites
33 was characterized by the Nationwide Urban Runoff Program (NURP) .
34 which conducted sampling programs from 1978 through 1983. NURP
35 concluded that the quality of urban runoff can be adversely
36 impacted by several sources of Pollutants, including illicit
37 connections, industrial site runoff and illegal dumping. Other
38 studies have shown that storm sewers contain illicit discharges of
39 substances other than stormwater and that large amounts of waste,
40 iparticularly used oils, are imt)roperly disposed of in storm sewers.
41 (b) The Federal Water Pollution Control Act, commonly known
42 as the Clean Water Act, established the National Pollutant
43 Discharge Elimination System (NPDES) program, which requires
44 Permits for discharges from municipal storm sewers into waters of
45 the United States. The Environmental Protection Agency has
46 promulgated regulations implementing the NPDES Program.
47 (c) The NPDES regulations for stormwater discharges reouire
48 certain municipalities, including the City of Virginia Beach. to:
49 (1) Control through ordinance, permit, contract, order
50 or similar means, the contribution of pollutants to
51 municit)al storm sewers by stormwater discharges
52 associated with industrial activity and the quality
53 of stormwater discharged from sites of industrial
54 activity;
55 (2) Prohibit through ordinance, order or similar means,
56 illicit discharges to municipal storm sewers;
57 (3) Control through ordinance, order or similar means
58 discharges to municipal storm sewers of st)ills,
59 dumping or disposal of materials other than
60 stormwater;
61 (4) Reauire compliance with conditions in ordinances,
62 Permits, contracts or orders; and
63 (5) Carry out all inspection, surveillance and
64 monitoring procedures necessary to determine
65 compliance and noncompliance with permit
66 conditions, including the i)rohibition on illicit
67 discharges to the municipal storm sewer system.
2
68 Sec. 3. Objectives.
69 This ordinance is adoipted as i:)art of the City stormwater
70 management iprogram in order to prevent certain non-stormwater
71 discharges to, and improper disposal of substances in, the storm
72 sewer system, so as to reduce, to the maximum extent Practicable,
73 pollutants that may be present in discharges from the storm sewer
74 system.
75 Sec. 4. Definitions.
76 The following words and terms used in this ordinance shall
77 have the following meanings, unless the context clearly indicates
78 otherwise:
79 (a) Director. The Director of Public Works or his designee.
so (b) Discharge. Dist)ose, det)osit, spill, T)our, iniect, dump,
81 leak or place by any means, or that which is disposed, deposited,
82 spilled, Doured, iniected, dumped, leaked or placed bV any means.
83 (c) industrial wastes. Liquid or other wastes resulting
84 from any process of industry, manufacture, trade or business, or
85 from the development of any natural resources.
86 (d) Other wastes. Decayed wood, sawdust, shavings, bark,
87 leaves, lawn clindings, lime, garbage, refuse, ashes, offal, tar,
88 paint, solvents, petroleum products, antifreeze and chemicals.
89 (e) Person. Any individual, firm, corporation, ipartnershilp,
90 association, organization or other entity, including governmental
91 entities, or any combination thereof.
92 (f) Sanitary sewer. A system of underground conduits that
93 collect and deliver sanitarv wastewater to a wastewater treatment
94 plant.
95 (q) Sanitary wastewater. Wastewater from toilets, sinks and
96 other Plumbing fixtures.
97 (h) Sewage. The water-carried human wastes from residences,
98 buildings, industrial establishments or other places, tocfether with
99 such industrial wastes, stormwater or other water as may be
100 present.
3
101 (i) Storm sever system. The system of roads, streets, catch
102 basins, curbs, gutters, ditches, vines, lakes, ponds, channels,
103 storm drains and other facilities located within the city of
104 Virginia Beach which are designed or used for collecting, storincr
105 or conveying stormwater or through which stormwater is collected,
106 stored or conveyed.
107 Stormwater. Runoff from rain, snow or other forms of
108 precipitation, and surface runoff and drainage.
109 See. S. Prohibitions.
110 (a) It shall be a violation of this ordinance to:
ill (1) Discharcfe, or cause or allow to be discharged,
112 sewage, industrial wastes or other wastes into the
113 storm sewer system, or any comlponent thereof, or
114 onto driveways, sidewalks, parking lots or other
115 areas draining to the storm sewer svstem; or
116 (2) Connect, or cause or allow to be connected, any
117 sanitary sewer to the storm sewer system, including
118 any sanitarv sewer connected to the storm sewer
119 system as of the date of adoption of this
120 ordinance.
121 (b) Sublect to the provisions of subsection (c), the
122 following activities shall not be in violation of this ordinance:
123 (1) Water line flushing;
124 (2) Landscape irrigation;
125 (3) Diverting stream flows or rising groundwater;
126 (4) Infiltration of uncontaminated groundwater;
127 (5) Pumping of uncontaminated groundwater from potable
128 water sources, foundation drains, irrigation
129 waters, sprincrs, or water from crawl spaces or
130 footing drains;
131 (6) Lawn watering;
132 (7) Individual car washing on residential properties;
133 Dechlorinated swimming Pool discharges;
134 (9) Street washing; and
4
135 (10) Any activity authorized by a valid Virqinia
136 Pollutant Discharge Elimination System (VPDES)
137 permit or Virginia Pollution Abatement (VPA)
138 permit.
139 (c) In the event any of the activities listed in subsection
140 (b) are found to cause sewage, industrial wastes or other wastes to
141 be discharged into the storm sewer system, the Director shall so
142 notify the person Performing such activities, and shall order that
143 such activities be stopped or conducted in such manner as to avoid
144 the discharge of sewage, industrial wastes or other wastes into the
145 storm sewer system. The failure to comply with any such order
146 shall constitute a violation of the provisions of this ordinance.
147 Sec. 6. Inspections and monitoring.
148 The Director shall have authoritv to make such lawful
149 inspections and conduct such monitoring of stormwater outfalls or
150 other components of the storm sewer system as may be necessary or
151 appropriate in the administration and enforcement of this
152 ordinance.
153 Sec. 7. Penalties.
154 (a) A willful violation of the provisions of this ordinance
155 shall constitute a Class 1 misdemeanor. Each daV that a continuing
156 violation of this ordinance is maintained or Permitted to remain
157 shall constitute a separate offense.
158 (b) Any Person who, intentionallv or otherwise, commits any
159 of the acts Prohibited by Section 5 of this ordinance shall be
160 liable to the City for all costs of containment, cleanup,
161 abatement, removal and disposal of any substance unlawfully
162 discharged into the storm sewer system.
163 (c) Any Person who, intentionally or otherwise, commits any
164 of the acts prohibited by Section 5 of this ordinance shall be
165 sublect to a civil Denaltv in an amount not to exceed one Thousand
166 Dollars ($1,000.00) for each day that a violation of this ordinance
167 continues. The court assessing such ipenalties may, at its
5
168 discretion, order such penalties to be paid into the treasury of
169 the city for the purpose of abatinct, preventing or mitigating
170 environmental pollution.
171 (d) The Director may bring legal action to enioin the
172 continuing violation of this ordinance, and the existence of anV
173 other remedy, at law or in eguity, shall be no defense to any such
174 action.
175 (e) The remedies set forth in this section shall be
176 cumulative, not exclusive, and it shall not be a defense to any
177 action, civil or criminal, that one or more of the remedies set
178 forth herein has been sought or granted.
179 Sec. S. Effective date.
180 This ordinance shall take effect on November 16, 1992.
181 Adopted by the Council of the City of Virginia Beach,
182 Virginia, on the 10 -day of November 1992.
183 CA-92-4626
184 wmordres\npdes.orn
185 R-6
6
- 20 -
Item fV-J.3.
ORDINANCES
ITEM # 36205
Upon motion by Vxce Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to maintain the reduced tax levy oii motor vehicles owned and
regularly used by certain disabled veteralls f()r the calendar year 1993.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis I?. J(@iies, Paul J. Lanteigrie, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr
Council Members Voting Nay:
None
Council Members Absent.-
None
November 10, 1992
1 AN ORDINANCE TO MAINTAIN THE REDUCED TAX LEVY ON
2 MOTOR VEHICLES OWNED AND REGULARLY USED BY CERTAIN
3 DISABLED VETERANS FOR THE CALENDAR YEAR 1993
4 WHEREAS, the Council of the City of Virginia Beach, in
5 accordance with Section 58.1-3506(A) (16) of the Code of Virginia
6 (1950), as amended, did adopt on December 3, 1991 an ordinance
7 authorizing taxes to be levied and collected for the calendar year
8 1992 on a motor vehicle owned and regularly used by a veteran who
9 has either lost, or lost the use of, one or both legs, or an arm or
10 a hand, or who is blind, or who is permanently and totally disabled
11 as certified by the Department of Veterans' Affairs, at the rate of
12 ONE DOLLAR AND FIFTY CENTS ($1.50) on each ONE HUNDRED DOLLARS
13 ($100.00) of assessed valuation;
14 WHEREAS, the Council of the City of Virginia Beach desires to
15 maintain that reduced levy for the calendar year 1993;
16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 That the reduced tax levy on a motor vehicle owned and
19 regularly used by such veteran will be maintained for calendar year
20 1993.
21 In order to qualify, the veteran shall provide a written
22 statement to the Commissioner of Revenue from the Department of
23 Veterans' Affairs that the veteran has been so designated or
24 classified by the Department of Veterans' Affairs as to meet the
25 requirements of Section 58.1-3506(A) (16), and that his disability
26 is service connected. For purposes of this ordinance, a person is
27 blind if he meets the provisions of Section 46.2-739 of the Code of
28 Virginia (1950), as amended.
29 Each veteran who meets the requirements of this ordinance
30 shall be entitied to have one (1) motor vehicle which he owns and
31 regularly uses taxed at the rate established herein. Any motor
32 vehicles in addition to the one (1) so taxed shall not qualify for
33 taxation at the rate established herein, and shall be taxed at the
34 rate or rates applicable to that class of property.
35 The motor vehicles mentioned in this ordinance shall be
36 assessed at actual fair market value, as determined by the
37 Commissioner of Revenue for the City of Virginia Beach.
I This ordinance shall be effective January 1, 1993.
2 Adopted by the Council of the City of Virginia Beach, Virginia
3 on the 10th day of November 1992.
AP,PFC.-VI@D AS 07
Ar- PROVED AS LEC- AIL ','@ U'-- F I
- 21 -
item IV-K
PUBLIC HEARING ITEM # 36206
MaYOr Meyera E. Oberndorf DECLAPED a PUBLIC HEARING on:
PLANNING BY CONSENT
1.
(a) G. W. AND BARBARA M. IIENLF,Y CONDITIONAL USE PERMIT
(b) GEORGE R POWELL CONDITIONAL USE PERMIT
(c) NEW DAWN FAMILY MINISTRIES
CHURCH INTERNATIONAL CONDITIONAL USE PERMIT
(d) L. J. LUCAS AND M 0. MAMIEWS CONDITIONAL USE PERMIT
(e) A. P. FLST INC. CONDITIONAL USE PERMIT
PLANNING
2.
(a) STEVEN ROYSTER NEWBERN CONI)ITIONAL USE PERM17'
(b) JOHN A. TUCKER, JR. NONCONFORMING USE
(c) C RANDOLPH ZEHMER CONDITIONAL USE PERMIT
(d) PHILLIP D. BROOKS VARL4NCE
(e) CHE&4PEAKE BAY PRESER VA 7YON ORDINANCE AMENDMENT (AppendLx F)
OPTION Al OPTION B
November 10, 1992
- 22 -
Item II-LL
PUBLIC HFARING ITEM # 36207
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 1. a, b, c, d and e of the of the PLANNING BY CONSENT agenda.
Item a was pulled for a separate motion.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, I@aul J. Lanteigrie, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and @ice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Abserit:
None
November 10, 1992
- 23 -
Item IV-KI.a.
PUBLIC HEARING ITEM # 36208
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessona, seconded by Council Lady Parker, City Council ADOPTED
Ordinance upon application of G. W. AND BAPBARA M. HENLEY for a Cotiditional Use Permit.-
ORDINANCE UPON APPLICATION OF (,' W. AND BARBARA M.
HENLEY FOR A CONDITIONAL U,@E ILI?MIT FOR BOARDING
HORSES R011921782
BE IT HEREBY ORDAINED BY TIIE COUNCIL OF TIIE CITY OF VIRCINL4 BEACH, VIRGINLI
Ordinance upon application of G. W. and I@arbara M. Henley for a
Conditional Use Permit for boarding horses on the west side of Muddy
Creek Road, 485 feet south of Florn I'()ilit Road. Said parcel is located
at 3489 Muddy Creek Road and coiitaiiis 61.286 acres. PUNGO
BOROUGH.
7his Ordinance shall be effective in accordance with Sectioii 107 U) of the Zoning Ordinance.
Adopted by the Council of the City of @irginia Beacli, Virgi@tia, on the Tenth of November, Nineteen
Hundred and Nineiy-Two
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. J()Iles, I'aul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberiidolf Nalicy K Parker atid rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent.-
Non e
November 10, 1992
- 24 -
Item IV-KI.b.
PUBLIC HFARING ITEM # 36209
PL,4NNING BY CONSENT
Upon motion by Vice Mayor Sessoms, secotided by Couricil Lady Parker, City Council ADOPTED
Ordinance upon application of GEORGE R. POWELL for a Cotiditiolial Use Ilermit.-
ORDINANCE UPON APPLICAIYON Or, GEORGE R. P04ELL FOR A
CONDITIONAL USE I'ERMIT FOR 2 SINGLE FAMII, Y D WEILINCS IN
THE AGRICULTURAL DI.5TI?ICI'ROI]921783
BE IT HEREBY ORDAINED BY ITIE COUNCIL OF, 77IL' (,'IIY Or VII?GINL4 BEACH, VIRGINL4
Ordinance upoii application of George R. Powell for a Conditional Use
Permit for two single fatnily dwelliiigs iti the agricultural district on
certain property located on the east side of Dawley Road 2400 feet more
or less south of Pleasant Ridge Road. Said p(ircel coiiiains 49.5 acres.
PUNGO BOROUCIII.
77ze following conditions shall be required:
1. A 50-foot buffer shall be mairitaiiied al()Plg the canal which borders the
southerri property line. The site development plan and final plat must iriclude
a note stating that no developmeitt or clearilig of vegetation will be allowed
within the delifleated buffer.
2. A 50-foot vegetated buffer shall be established o@l all property lines, which
adjoin an ottgoing agricultural operatioii, prior to occupancy. 7-he vegetated
buffer shall be establislied iti accordaiice with guidelines described iti the
Comprehensive Plan. Ihe site develoj)iitc)tt plan and firial plat must include a
note statitig that no developmeiit or cleariiig of vegetation will be allowed
within the delineated buffer areas. Assistance ipi establishing buffer ares is
available from the Plalinitig Dcpartment.
3. Erosion and sedimerit coittrol itteasures must be noted and described for atly
laiid disturbaiice, exceeding 2500 square fcet, on the site development plan.
4. The applicant must submit a stormwater management plart, in accordance with
provisions of the @outherri Watcrshed Management Ordinatice, at the time of
preliminary subdivisiori review.
5. The two single family residences sliall have oije common driveway off Dawley
Road for a distance of at least 800 fcet.
7'he OWNER OR LEGAL REPRESENTATIVE of the Owiter, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT Said STATEMENT OF CONSENT is
hereby made a part of the proceediiigs.
November 10, 1992
- 25 -
Item IV-KI.b.
PUBLIC HEARTNG ITEM # 34209 (Contititied)
PLANNING BY CONSENT
7his Ordinance shall be effective in accordance with Section 107 (t) of the Zonifig Ordinance.
Adopted by the Council of the CitY of Virgiriia Beach, Virgiiiia, ori the Tenth of November, Nineteen
Hundred and Nine wo
Voting: 11-0
Council Members Voti?jg Aye:
John A. Baum, Linwood 0, Branch, Ill, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Deari, Louis R. Jolies, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberildorf Nalicy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
November 10, 1992
STATEMENT OF CONSENT
APPLICANT: GEORGE R. POWELL
APPLICATION: Conditional Use Permit -
Dawley Road/Pleasant Ridge Road
(Pungo Borough)
DESCRIPTION: Two single family dwellings
CITY COUNCIL SESSION: November 10, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRFSENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS RF=VIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1 A fifty (50') foot buffer shall be maintained along the canal which
borders the Southern property line. The site development plan and
final plat must include a note stating that no development or
clearing of vegetation will be allowed within the delineated buffer.
2. A fk (50') foot vegetated buffer shall be established on all property
lines, which adjoin an ongoing agricultural operation, prior to
occupancy. The vegetated buffer shall be established in
accordance with guidelines described in the Comprehensive Plan.
The site development plan and final plat must include a note stating
that no development or clearing of vegetation will be allowed within
the delineated buffer areas. Assistance in establishing buffer areas
is available from the Planning Department.
3. Erosion and sediment control measures must be noted and
described for any land disturbance, exceeding 2500 square feet on
the site development plan.
4. The applicant must submit a stormwater management plan, in
accordance with provisions of the Southern Watershed
Management Ordinance, at the time of preliminary subdivision
review.
5. The two single family residences shall have one common driveway
off Dawley Road for a distance of at least 800
By:
Aftorney/Agent
Date:.@-/@ - @@
26 -
PUBLIC HEARING ITEM # 36210
PLANNING BY CONSENT
Upon motion by Pi-ce Mayor Sessoms, secoitded by Council Lady Parker, City Council ADOPTED
Ordinance upon application of NEW DA WN FAMIL Y MINISTRIES CHURCH INTERNATIONAL for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION 01@' NEW DAWN FAMILY
MINISTRIES CHURC@I INTERNA TIOAW FOR A CONDITIONAL USE
PERMIT FOR A CHURCH R011921784
BE IT HEREBY ORDAINED BY THE COUNCII, OF 7HE CITY OF VIRGINL4 BE,4CH, WRGINLI
Ordinance upon application of New Dawti Iamily Ministries Church
International for a Conditional Use Permit for a church at the northwest
corner of Holland Road and Garfield Avellue. Said parcel is located at
3574 Holland Road and contaitis 15,509 square feet. PRINCES,5 ANNE
BOROUGH
77ie following conditioti shall be required,-
1. Approval is for a period of three (3) years.
7he OWNER OR LEGAL REPRESENTATIJIE (,f ile ()wner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effectivc in accordance with 5ecti()n 107 0) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beacli, @irgittia, on the Tenth of November, Nin@
Hundred and Nineiy-Two
Voting: 11-0
Council Members Voting.4ye:
John A. Baum, Linwood 0. Bratich, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberridorf, Naiicy K I@arker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
None
November 10, 1992
STATEMENT OF CONSENT
APPLICANT: NEW DAWN FAMILY MINISTRIES
CHURCH INTERNATIONAL
APPLICATION: Conditional Use Permit -
Holland Road/Garfield Avenue
3574 Holland Road
(Princess Anne Borough)
DESCRIPTION: Church
CITY COUNCIL SESSION: November 10, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1 Approval is for a period of three (3) years.
Owner
By:
Aftorney/Agent
Date:-
- 27 -
Item IV-Kl.d
PUBLIC HEARING ITEM # 36211
PL,4NNING BY CONSENT
Upon motion by Vice Mayor Sessoms, secoiided by Council Lady Parker, City Council ADOPTED
Ordinance upon application of L. J. LUCAS AND M. 0. MA7THEWS for a Cotiditional Use Permit.-
ORDINANCE UPON APPLICATION OF L@ J. LUCAS AND M. 0
M47THERS FOR A CONDITIONAL USL PFI?MIT FOR YIWO SINGLE
FAMILY DWFILING,5 IN TIFI@, AG A(I'RICULTUIW, DISTRICT
R011921785
BE IT HEREBY ORDAINED BY THF COUNCIL OF 771F CI-[Y OF PYI?CINIA BEACH, PYRGINL4
Ordinance upon application of L. J. l,ucas aitd M. 0. Matthews for a
Conditional Use Permit for 2 single, family dwellings i@i the AG
Agricultural District on the east sid(, of Illackwater Road, 940 feet south
of West Gibbs Road. 5aid parccl contairis 10.76 acres. BLACKWATER
BOROUGH.
7'he following conditioris shall be required.-
1. 7he two single family resideiices v/iall have shared access from
Blackwater Road, as showii oii ttie subt?iiiied plan.
2. Erosion and sediment control ineasures must be noted and
described for any land disturbance, exceeditig 2500 square feet,
on the site development plan.
3. 77ie applicant must submit a comprehensive stormwater
management plan, in accordance with provisions of the
Southern Watershed Management Ordiiiance, at the time of
preliminary subdivisioli review.
4. A fifty (50') foot vegetated buffer sliall be established on all
property lities, which adjoin aii oii-goitig agricultural
operation prior to occupaiicy. 77te vegetated buffers shall be
established irt accordaiice with guideiiiies describcd in the
Comprehensive Plan. 7he site developmetit plan and final plat
must include a note statiiig that no development or clearitig of
vegetation will be allowed withitt tlte delineated buffer areas.
Assistance in establi@vhirig buffer arcas iY available from the
Planning Department.
77ie OWNER OR LEGAL REPRESENTATIVE of the Owiier, has reviewed the coriditions for
APPROVAL and has signed a STATEMENT OF CONSENT Said STATEMENT OF CONSENT is
hereby made a part of the proceedirigv.
7his Ordinance shall be effective in accordance with Scctioll 107 (O of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, rlrgiiiia, ott the Tenth of blovember, Nineteen
Hundred and Nine@fwo
November 10, 1992
- 28 -
Item IV-Kl.(t
PUBLIC HEARING ITEM # 36211 (Contittued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, I'aul J. Lailteigne, John D.
Moss, Mayor Meyera E. Oberndorf Naticy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Non e
Council Members Absent:
Non e
November 10, 1992
STATEMENT OF CONSENT
APPLICANT: L J. LUCAS and
M. 0. MATTHEWS
APPLICATION: Conditional Use Permit -
Blackwater Road/W. Gibbs Road
(Blackwater Borough)
DESCRIPTION: Two single family dwellings
CITY COUNCIL SESSION: November 10, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1 . The two single family residences shall have shared access from
Blackwater Road, as shown on the submiffed plan.
2. Erosion and sediment control measures must be noted and
described for any land disturbance, exceeding 2500 square feet, on
the site development plan.
3. The applicant must submit a comprehensive stormwater
management plan, in accordance with provisions of the Southern
Watershed Management Ordinance, at the time of preliminary
subdivision review.
4. A fifty (50') foot vegetated buffer shall be established on all property
lines, which adjoin an on-going agricultural operation prior to
occupancy. The vegetated buffers shall be established in
accordance with guidelines described in the Comprehensive Plan.
The site development plan and final plat must include a note stating
that no development or clearing of vegetation will be allowed within
the delineated buffer areas. Assistance in establishing buffer areas
is available from the Planning Department.
Owner
By:
Attorney/Agent
Date:-,//,-/,j - @ 2-
- 29 -
Item IV-KI.E.
PUBLIC HEARING ITEM # 36212
PL,4NNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED
Ordinance upon application of A.P. EAST, INC, for a Coriditional Use Permit:
ORDINANCE UPON APPLICATION OF A. P EAS7; INC FOR A
CONDITIONAL USE PERMIT FOR A BULK STORACE YARD
(RECREATIONAL TIFII[CLE,5) ROI]921785
BE IT HEREBY ORDAINED BY TIIL, COUNCIL Ol,'17IE CI7Y OF VIRGINLI BEACH, URGINL4
Ordinance upon application of A. P. East, Itic., for a Coriditiotial Use
Permitfor a bulk storage yard (recreatiortal vehicles) on the west side of
General Booth Boulevard, 1150 feet more or less north of Dam Neck
Road Said parcel is located at 1489 General Booth Iloulevard and
contains 8 acrc,,s. PR[NCF,5S ANNF,' BOROU(;Il.
7he following conditions shall be required:
1. No i?toperative vehicles or trailers are to be stored on the site.
2. Bulk storage is restricted to motor vehicles, recreational
vehicles and boats.
3. Bulk storage is restricted to the Northwest corner as shown on
the site plan.
4. No repairs or washifig of vehicles is allowed
5. Category Six laridscapii7g shall be itistalled along the Northerri
property line adjoitting all resideiiiially otted property.
6 The site, to include the drairiage ditcli, is to be kept free of
debris.
7. 7his use permit will be valid for two (2) years from date of
approvaL
77ie OWNER OR LEGAL PEPPESENTATIVE @)f the Owrier, has reviewed the conditions for
APPROVAL and has sigtied a STATEMENT OF CONSENT @aid STATEMENT OF CONSENT is
hereby made a part of the proceedings.
Ihis Ordinance shall be effective in accordance with Section 107 U) of the Zoning Ordinance.
Adopted by the Council of the City of Virgiriia Reach, rirgitiia, on the 7enth of November, Nineteen
Hundred and Ninely-Two
November 10, 1992
- 30 -
Item IV-KI.E.
PUBLIC HEARING ITEM # 36212 (Contitiued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Bawn, Linwood 0. Branch, III, James W Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberridorf Naiicy K Parker and Vice Mayor
William D. @5essoms, Jr.
Council Members Voting Nay:
None
Council Members Absent.-
None
November 10, 1992
STATEMENT OF CONSENT
APPLICANT: A. P. EAST, INC.
APPLICATION: Conditional Use Permit -
General Booth Boulevard/Dam Neck Road
(Princess Anne Borough)
DESCRIPTION: Bulk storage yard (recreational vehicles)
CITY COUNCIL SESSION: November 10, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA SEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1 . No inoperative vehicles or trailers are to be stored on the site.
2. Bulk storage is restricted to motor vehicles, recreational vehicles
and boats.
3. Bulk storage is restricted to the Northwest corner as shown on the
site plan.
4. No repairs or washing of vehicles is allowed.
5. Category Six landscaping shall be installed along the Northern
property line adjoining all residentially zoned property.
6. The site, to include the drainage ditch, is to be kept free of debris.
7. This use permit wii] be valid for two (2) years from date of approval.
Owner
By:
AffornglAg,,
@k
Date:-
- 31 -
IV-K a.
PUBLIC HEARING ITEM # 36213
PLANNING
Stephen Newbern, the applicant, represented his applicatioll
Upon motion by Councilman Clyburn, seconded by Couticil Lady Parker, City Council ADOPTED an
Ordinance upon applicatiort of STEVEN ROYSTER NEWBERN for the RENEWAL of a Conditional
Use Permit:
ORDINANCE UPONAI'PLICA 7YON OI,'S7EVFN ROYS7ER NEWBERN
FOR A CONDTTIONAL USE PPI?MII'f,'Ol? A HOME OCCUPATION
(JEWELRY REPAII?) R011921786
BE IT HEREBY OPDAINED BY TFIE COUNCIL ()F 77II, CIIY OF VIRGINL4 BEACFL, k7RGINL4
Ordinance upon applicatiori of Steveii Royster Newbern for a Conditional
Use Permit for a home occupatioii gewelry rel)air) ori Lot 64, Elizabeth
River Shores. The parcel is located at 3461 @outh Crestline Drive and
contains 1.13 acres. KEMPSVIIIE BOI?OU(,'IL
Yhe following conditions shall be required:
1. No retail activities shall be conducted at this location. No traffic will be
generated at this location as a result of fite requested conditional use permit.
2. Approval is for a period of oiie (1) year, after which, application shall be
returned to City Council annually f()r tlieir review and approval.
3. There shall be no outside sigris.
This Ordinance shall be effective itt accordance with ,;ection 107 (t) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beacli, Virgiiiia, ott the Tenth of November, Nineteen
November 10, 1992
- 32 -
a.
PUBLIC HEARING ITEM # 36213 ((,'oritinued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Braiich, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Ilaul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker a@ld Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 10, 1992
- 33 -
e b.
PUBLIC HEARING ITEM # 36214
PLANNING
Upon motion by Councilman Branch, seconded by lice Mayor Sessoms, City Council APPROVED the
application of JOHN A. TUCKER for an enlargement of a noncotifortning use.
Application of John A. Tucker, Jr., for an enlargetnent in a
nonconforming use oii property located at 521 24th Street. 5aid parcel
contains 8,400 square feet. More detailed itiformation is available in the
Planning Departmetit. 117I?(,'INL4 I3EACII BOI?OU(,H.
Resolution authorizing the enlargenient of a nonconfornting use located
at 521 24th Street, property of Johli A. Tucker, Jr, Borough of Virginia
Beach.
7he proposed screened porch shall be no larger than 12 feet by
16 feet (192 square feet) and shall have a minimum setback of
75 feet from the right-of-way of M(,diferranean Avenue.
Voting: 11-0
Council Members Voting Aye:
John A. Bautn, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Deart, Louis R. Jones, Ilaul J. Lanteigne, John D.
Moss, Mayor Meyera ],. Oberiidorf Naiicy K Parker and Vice Mayor
Wzlliam D. Sessoms, Jr.
Council Members Votzng Nay:
Non c
Council Members Absent:
None
November 10, 1992
1 RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
2 NONCONFORMING USE LOCATED AT 521 24TH STREET,
3 PROPERTY OF JOHN A. TUCKER, JR., BOROUGH OF
4 VIRGINIA BEACH
5 WHEREAS, John A. Tucker, Jr., hereinafter referred to as
6 the Applicant, is the owner of a single-family dwelling located at
7 521 24th Street, Borough of Virginia Beach, in the A-12 Apartment
8 District; and
9 WHEREAS, the Applicant desires to enlarge the said
10 single-family dwelling by constructing an addition to it; and
11 WHEREAS, the present use of the property does not conform
12 to the provisions of the city zoning Ordinance because single-
13 family dwellings are not permitted uses within the A-12 Apartment
14 District; and
15 WHEREAS, pursuant to section 105(d) of the city zoning
16 Ordinance, the City Council may authorize the enlargement of a
17 nonconforming use if it finds that the use as enlarged is equally
18 appropriate or More appropriate to the zoning district than is the
19 existing nonconformity; and
20 WHEREAS, on October 13, 1992, the City Council approved
21 a request to enlarge the said dwelling by enclosing the existing
22 screen porch but deferred the request to construct a screen porch
23 adjacent to Mediterranean Avenue for reason that the proposed 224
24 square foot screened porch with a 5.5 foot setback from the street
25 would not be in keeping with the character of the area.
26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
27 OF VIRGINIA BEACH, VIRGINIA:
28 That City council hereby finds that the construction of a
29 screened porch measuring 12 foot by 16 foot (192 square feet) with
30 a setback of 7.5 feet from Mediterranean Avenue would be in keeping
31 with the setbacks and character of the area;
32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
33 VIRGINIA BEACH, VIRGINIA:
34 That the City Council hereby authorizes the construction of a
35 screened porch measuring 12 foot by 16 foot (192 square feet) with
36 a setback of 7.5 feet from Mediterranean Avenue as shown on the
37 site plan attached hereto which was revised on November 2, 1992.
38 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
39 VIRGINIA, ON THIS 10th DAY OF November 1992.
40 CA-4853
41 TUCKER2.RES
42 R-1
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- 34 -
e 2
PUBLIC HEARING ITEM # 36215
PL4NNING
Randy Royal, Engineering Services, I'hone: 468-6800, rcpresented the applicant
Attorney R. J. Nutter, II, 4425 Corporation Lane, pholle; 671-6000
Uport motion by Councilman Dean seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of C. RANDOLPH ZEHMER f,,r a Co,ditioiial Use Permit:
ORDINAAICE UPON APPLICATION Ol,C I?ANDOLPH ZEHMER FOR
A CONDITIONAL USE PERMIT FOI? A RECI?L@ TIONAL FA CILITY OF
AN OUTDOOR NATUI?E R011921787
BE IT HEREBY ORDAINED BY TIII" COUNCIL OT' 7yjL' CITY OF 11IR(,,INL4 BEACH, VIRGIArL4
Orditiance upon application of C Randolpli Zehmer for a Conditional
Usc Permit for a recreational facility of aii outdoor nature (mitli-golf)
and an indoor recreational facility (game rc)om) on certain property
located at the northwest corner of 5attdbridge Road and Sandfiddler
Road Said parcel contairis 2.45 acres. PRINCESS AARNE BOROUGH.
7he following conditioris shall be required:
1. Hours of operatiort shall be limited to 9:OO A.M. to midnight Monday-Saturday.
Sunday hours shall be limited to ]:00 1'.M. to midrtight so as to not conflict
with outdoor church services beiilg held oil the adjacent site.
2. Category VI landscaping shall be establivlied along the entire western property
line.
3. No outdoor speakers shall be pertnitted (No outdoor tnusic).
4. Parking requirements for ilie proposed tniiiiature golf facility shall be one space
per hole or 18 parking spaces
5. Prior to detailed site plan approval, the applicant shall meet with the Design
Advisory Group to review detailed plaiis of the proposed miriiature golf course,
including landscape plans.
6 7he applicant must obtaiti approval for scptic systems.
Z Public restrooms must be provided for customers.
7-his Ordinance shall be effective in accordatice with @e@cti()n 107 U) of the Zotling Ordinance.
Adopted by the Council of the City of rirgitiia Beach, Virgitiia, oti the
November 10, 1992
- 35 -
m IV-K
PUBLIC HEARING ITEM # 36215 (Cotitiiiued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Ja.7ies W. Brazier, Jr., Robert
W. Clyburn, Robert K Deati, Louis R. Joilev, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberridorf Nalicy K Parker and flice Mayor
William D 5cssotm, Jr
Council Members Voting Nay:
None
Council Members Absent.-
None
November 10, 1992
36 -
e
PUBLIC HEARING ITEM # 36216
PL4NNING
Ronald J. Mickiewicz, 325 Office Square Lane, Phone: 497-5862, represented the applicant
Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of Phillip D. Brooks@ for a Variance to Sectiort 4.4(b) of the Subdivision
Ordinance.
Appeal from Decisioiis of Administrative Officers iii regard to certain
elements of the Subdivision Ordinattce, Subdivision for Phillip D. Brooks.
Property is located oit the east side of Little Neck Road, south of Little
Haven Road. LYNNIL4VEN BOROUC,Il.
Ile following condition shall be required:
A 20-foot wide shared access easement sliall be platted along the
northern portion of the lots I & 2 to provide for a shared ingress and
egress for each side of the lots. 7he radius for the entrance must be
approved by the traffzc engitieeririg staff. A ]-foot no ingresslegress
must be plated for ilie remaipider of the fr(iiiiage of the property as it
adjoins Little Neck Road.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Joties, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E Oberitdorf, Naiicy K Parker and rice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Non e
November 10, 1992
37 -
PUBLIC HEARING ITEM # 36217
PLANNING
Mary M. Heinricht, 5016 Mosby Road, Phone: 460-0750, Envirorimental Consultant and former
Administrator of the Chesapeake Bay Preservation Area Program for the City, represented Civic and
Environmental Organizations andpresented their consolidated comments regardirig further amendments.
E Andrew Heatwole, 808 Newtowii Road, Ilhone: 473-8575, representilig the National Spa and
Swimming Pool Institute, requested various amendrneitts.
Sue Carlyle, 1425AIanton Drive, Photle: 481-2538, rcl)resented the Virgiriia Beach Audobon Society and
spoke in support of the statements of Mary ]IeilirichL
Maurice B. Jackson, 1125 Ditchley I?oad, Phoiie: 428-1470, represented the Council of Civic
Organizations and advised support (@f previous co.7imelits I)y prior speakers.
Barbara Henley, 3513 Charity Neck Road, Phone: 426-7501, represented SAVE. Mrs. Henley advised
support of the commerits of Mrs. Fleiriricht.
Statement of Charles Traub, III, 784 Clasgow Court, 340-9056, is hereby made a part of the
record.
A MOTION was made by Councilmari Deari, seconded I)y C()uncilman Brazier, to DEFER until the City
Council Session of November 24, 1992 Orditiance to AMEND AND REORDAIN the Chesapeake Bay
Preservation Ordinance of the City of ri@ginia Beacli (,Ipj)eiidix r).
Upon SUBSTITUTE MOTION by Councilmaii Baum. secotided by Vice Mayor Sessoms, City Council
ADOPTED:
Ordinance to AMEND AND REORDAIN the Chesapeake Bay
Preservation Ordinance of the City of Virginia Beach (Appendix F).
(Option A further revised)
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood 0. Brancli, III, Jailles W. Brazier, Jr., Robert
W. Clyburn, Louis R. Jones, Paul J. Lanteig)le, John D. Moss, Mayor
Meyera E Obertidorf Naticy K Iarker aild Vice Mayor William D.
Sessotns, Jr.
Council Members Voting Nay:
Robert K Dean
Council Members Abscnt:
None
November 10, 1992
THE FOLLOWING CHESAPEAKE BAY PRESERVATION ORDTNANCE WAS
AMENDED ON NOVEMBER 24, 1992.
(SEE: NOVEMBER 24, 1992 (MINUTES: ITEM F.I.A)
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CHESAPEAKE BAY PRESERVATION
3 AREA ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the Chesapeake Bay Preservation Area Ordinance is
8 hereby amended and reordained to read as follows:
9 Section 100. Title.
10 This ordinance shall be known as the Chesapeake Bay
11 Preservation Area Ordinance of the City of Virginia Beach.
12 Section 101. Findings of Fact.
13 The Chesapeake Bay and its tributaries constitute one of the
14 most important and productive estuarine systems in the world,
15 providing economic and social benefits to the citizens of the
16 City of Virginia Beach and the Commonwealth of Virginia. The
17 health of the Bay and its tributaries is vital to inaintaining the
18 City of Virginia Beach's economy and the welfare of its citizens.
19 The Chesapeake Bay waters have been degraded significantly
20 by many sources of pollution, including nonpoint source pollution
21 from land development. Existing waters are worthy of protection
22 from further degradation. Certain lands that are proximate to
23 shorelines have an intrinsic water quality value due to the
24 ecological and biological processes they perform. With proper
25 management, they offer significant ecological benefits by
26 providing water quality maintenance and pollution control, as
27 well as flood and shoreline erosion control. These lands,
28 designated by the City Council as Chesapeake Bay Preservation
29 Areas, shall be developed in such manner as to protect the
30 quality of water in the Bay.
31 Section 102. Purpose and Intent.
32 A. This ordinance is adopted in order to implement the
33 requirements and stated purposes of The Chesapeake Bay
34 Preservation Act (Sections 10.1-2100 through 10.1-2115 of the
35 Code of Virginia) and the Chesapeake Bay Preservation Area
36 Designation and Management Regulations promulgated thereunder.
37 The intent of City Council and the purpose of this ordinance
38 are to: (1) protect existing high quality state waters; (2)
39 prevent any increase in pollution; and (3) restore state waters
40 to a condition or quality that will permit all reasonable public
41 uses and will support the propagation and growth of all aquatic
42 life, including game fish, which might reasonably be expected to
43 inhabit them.
44 The performance standards established by this ordinance
45 provide the means to minimize erosion and sedimentation
46 potential, reduce land application of nutrients and te3fing
47 toxicants, and maximize rainwater infiltration. Indigenous
48 ground cover, especially woody vegetation, is effective in
49 holding soil in place and preventing site erosion. Existing
50 vegetation filters stormwater runoff. By minimizing impervious
51 cover, rainwater infiltration is enhanced and stormwater runoff
52 is reduced.
53 B. The designation of any area as a Chesapeake Bay
54 Preservation Area shall be in addition to, and not in lieu of,
55 the zoning district classification of such area, such that any
56 parcel of land situated within a chesapeake Bay Preservation Area
57 shall also lie in one or more of the zoning districts established
58 pursuant to Section 102 of the City Zoning Ordinance and shall be
59 subject to all applicable provisions of this ordinance and the
60 City Zoning ordinance.
61 Section 103. Definitions.
62 The following words and terms used in this ordinance shall
63 have the following meanings, unless the context clearly indicates
64 otherwise.
2
65 Agricultural lands. Those lands used for the planting and
66 harvesting of crops or plant growth of any kind in the open,
67 pasture, horticulture, dairy farming, floriculture, or the
68 raising of poultry or livestock.
69 Applicant. Any person submitting any application required
70 or permitted pursuant to any of the provisions of this ordinance,
71 and any person on whose behalf such an application is submitted.
72 Best management practice. A practice, or a combination of
73 practices, determined to be the most effective practical means of
74 preventing or reducing the amount of pollution generated by
75 nonpoint sources to a level compatible with water quality goals.
76 Board. The Chesapeake Bay Preservation Area Board.
77 Buffer area. An area of existing or established vegetation
78 managed to protect other components of a Resource Protection Area
79 and state waters from significant degradation due to land
80 disturbances.
81 Caliper. The diameter of a tree measured six (6) inches
82 above existing grade.
83 Chesapeake Bay Preservation Area. Any land designated as
84 such on the Chesapeake Bay Preservation Area Map adopted by the
85 City Council, subject to the determination of the Direeter citv
86 Manager on a site-specific basis. A Chesapeake Bay Preservation
87 Area shall consist of a Resource Protection Area and a Resource
88 Management Area, and shall inelude any designated intensely
89 geveleped Area-9.
90 City Manager. The City Manager or such other Person or
91 Persons as he may designate to perform the duties, or to exercise
92 the authority, of the City Manager Pursuant to the Provisions of
93 this ordinance.
94 Construction footprint. The area of all impervious surface
95 created by development or redevelopment of land, including, but
96 not limited to, buildings, roads, drives, parking areas and
97 sidewalks, and any other land disturbed for the construction of
98 such improvements. This definition shall not include
99 construction accessways and staging areas for minor urolects
3
100 where such accessways and areas do not result in land
101 disturbance.
102 Development. The construction or installation of any
103 improvement upon a parcel of land, or any land disturbance
104 associated therewith.
105 Diameter at Breast Height. The diameter of a tree measured
106 at a point four and one-half feet above the existing grade.
107 Direeter. The Direeter ef the Depar-traent ef Planning er his
108 designee.
109 Dripline. An imaginary perpendicular line extending
110 downward from the outermost tips of the branches of a tree to the
ill ground.
112 Highly Erodible Soils. Those soils on slopes seaward of the
113 point at which the slope of the ground changes from less than six
114 (6) per cent to greater than six (6) per cent and the toe of the
115 slope is located within one hundred (100) feet of any component
116 of the Resource Protection Area.
117 Impervious cover. A surface composed of any material which
118 significantly impedes or prevents natural infiltration of water
119 into the soil, including, but not limited to, buildings and other
120 structures and the components thereof, concrete, asphalt, or
121 compacted gravel surface.
122 intensely Developed Area.. Any land designated as queh en
123 the Ghesapea!Ee Bay PLeservatien Ar-ea ?lap adepted by the Gity
124 Geuneil.
125 Land disturbance. Any activity upon land which causes,
126 contributes to, or results in the destruction, removal or
127 covering of the vegetation upon such land, including, but not
128 limited to, clearing, dredging, filling, grading or excavating.
129 The term shall not include minor activities such as home
130 gardening, individual home landscaping and home maintenance.
131 Minor Projects. All changes or alterations to existing uses
132 having a construction footprint of less than or equal to two
133 thousand, five hundred (2,500) sauare feet. For the Purposes of
134 this ordinance, this definition shall also include accessory
4
135 structures as defined in the City Zoning Ordinance having a
136 construction footprint of less than two thousand, five hundred
137 (2,500) sauare feet.
138 Nonpoint source pollution. Pollution consisting of
139 constituents such as sediment, nutrients, and organic and toxic
140 substances from diffuse sources, such as runoff from agriculture
141 and urban land development and use.
142 Nontidal wetlands. Those wetlands other than tidal wetlands
143 that are inundated or saturated by surface or ground water at a
144 frequency and duration sufficient to support, and that under
145 normal circumstances do support, a prevalence of vegetation
146 typically adapted for life in saturated soil conditions, as
147 identified in the Gity ef ;zirginia Beaeh Seil garvey by Beil
148 naraes Bae!Ebay @itie!Ey Peat, Ger-ell:a E)tle!Esten Fi:ne Sands; E)er-evan
149 Plue]Ey Peat,- Dtie]Esten Fine Sand; ?iaiiney Silt Leam7 Paml:iee @e!E-y
150 Peat, Pendedt Payftliee Lairzehar-st Var-iant Gempl:em, Peeaty Peat, and-
151 Rappahaniiee]E @lue!Ey .-ea-, Strengly -al+/-.,ne
152 Person. An individual, fiduciary, corporation, firm,
153 partnership, association, organization, or any other entity or
154 combination thereof.
155 Redevelopment. The construction, substantial alteration or
156 installation of any improvement upon a lot or parcel of land,
157 pertien ef whieh ig er -a ped, er any @ane-l
158 disturbanee asseeiated there@ that is or has been previously
159 develoded. where et increase in impervious surface
160 by the proposed construction within a Resource Protection Area.
161 For purposes of applying this definition, any lot in existence
162 prior to October 1, 1989 shall be deemed to remain a separate lot
163 irrespective of the subsequent vacation of one or more of its lot
164 lines.
165 Resource Management Area. That component of a Chesapeake
166 Bay Preservation Area not classified as a Resource Protection
167 Area. Resource Management Areas include land types which, if
168 improperly used or developed, have the potential for causing
5
169 significant water quality degradation or for diminishing the
170 functional value of a Resource Protection Area.
171 Resource Protection Area. That component of a Chesapeake
172 Bay Preservation Area comprised of lands at or near the shoreline
173 which have an intrinsic water quality value due to the ecological
174 and biological processes they perform or are sensitive to impacts
175 which may result in significant degradation to the quality of ate
176 waters.
177 Subdivision. The division of any parcel of land into two
178 (2) or more lots or parcels. The term shall include all changes
179 in lot lines, the creation of new lots involving any division of
180 an existing lot or lots and, if a new street is involved in such
181 division, any division of a parcel of land. When appropriate to
182 the context, the term shall also include the process of
183 subdividing and the territory subdivided.
184 Tidal shore. The area between the mean low water and mean
185 high water levels of tidal waters.
186 Tidal wetlands. Vegetated and nonvegetated wetlands as
187 defined in Section 1401 of the City Zoning Ordinance.
188 Tributary stream. Any perennial stream depicted as such on
189 the most recent U.S. Geological Survey 7-1/2 minute topographic
190 quadrangle map (scale 1:24,000).
191 Water-dependent facility. A development of land which
192 cannot exist outside of a Resource Protection Area and which must
193 be located on the shoreline by reason of the intrinsic nature of
194 its operation. These facilities include, but are not limited to,
195 ports, intake and outfall structures of power plants, water
196 treatment plants, sewage treatment plants, storm sewers, marinas
197 and other boat docking structures, beaches and other public
198 water-oriented recreation areas, fisheries or other marine
199 resources facilities and shoreline protection measures as
200 authorized under the provisions of the Wetlands Zoning Ordinance.
201 Wetlands. Tidal wetlands and nontidal wetlands as defined
202 herein.
6
203 Section 104. Areas of Applicability.
204 A. The Chesapeake Bay Preservation Area ordinance shall
205 apply to all lands which are included in the Chesapeake Bay
206 watershed within the City of Virginia Beach. Such lands are
207 designated as Chesapeake Bay Preservation Areas on the Chesapeake
208 Bay Preservation Area Map.
209 B. Resource Protection Areas shall include the following
210 components:
211 (1) Tidal wetlands;
212 (2) Nontidal wetlands consisting of soil types
213 BackbaV Mucky Peat; Corolla-Duckston Fine Sands;
214 Dorovan Mucky Peat; Duckston Fine Sand; Nawney
215 Silt Loam; Pamlico Mucky Peat, Ponded; Pamlico-
216 Lakehurst Variant Complex; Pocaty Peat; or
217 Rappahannock Mucky Peat, StronqlV Saline; and any
218 other lands which under normal conditions are
219 saturated to the ground surface and connected by
220 surface flow and contiguous to tidal wetlands or
221 tributary streamsl-
222 (3) Tidal shores;
223 (4) Highly erodible soils; and
224 (5) A one hundred (100) - foot vegetated buffer area
225 located adjacent to and landward of the components
226 listed in (1) through (4) above, and along both
227 sides of any tributary stream.
228 C. Resource Management Areas shall consist of an area ene
22.9 hundred (!Go) feet in width, laeated adjaeent te and landiiar-d @
230 a Reseuree Preteetien Area en lets greater than three (3) ae@
231 in sise, er the entirety ef all lets less tha" er equal te thEL-e
2 32 (3) aer-es in size abuttinej, and lamelioar-d ef-, a Re@
233 Preteetien A@ all lands within Chesapeake Bay Preservation
234 Areas which are not designated as Resource Protection Areas.
235 D. The Chesapeake Bay Preservation Area Map is hereby
236 deelared te shall delineate the general locations of Ghesapea!Ee
237 Bay Preserva@ Resource Protection Areas and Resource
7
238 Management Areas. The Direeter City Manager shall have the final
239 authority in cases of uncertainty to determine the extent of
240 Chesapeake Bay Preservation Areas by application of the criteria
241 set forth in this section.
242 E. If the area encompassed by a Chesapeake Bay
243 Preservation Area includes a portion of a lot, the entire lot
244 shall be subject to the requirements of this ordinance. Any lot
245 subdivided after October 1, 1989 out of a lot lying partially
246 within a Chesapeake Bay Preservation Area shall also be subject
247 to the requirements of this ordinance.
248
249 seation 105. intemsely Developed Ar@
250 A. intensely Develeped Areas shall eensist ef a
2 51 e)fisting develepment and i-n-f i-1-1- ef the natara-I
2 52 envirenment - .---, --.,ided that eiie ei- fner-e ef the felleiiinej
253 eenditiens e)fisted as ef Geteber i, i@.
254 (9:) Develepment had severely altered the nataral state
255 ef the let stieh that it had more than fifty (59)
256 per eent iinpervieus surf@,
2 57 (2) T-he ]:et iias ser-ved by publ:ie seiier- and iiatel-,- el-
258 (3) The density ef develepment equalled er emeeeded
259 feur (4) dwelling units per aere.
260 B. The designatien ef a let as an intensely Develeped Area
261 shall be in additien te, and net in liea ef, the designatien e*
262 Ghesapea]Ee Bay Preservatien Areas apen sueh let. Redeveleprae@
263 upen any let designated as an intensely Develeped Area shall be
264 sabjeet te all ef the requirements ef this ei-dinanee e)feept as
265 etherifise speeifieally stated in subseetien B. ef Seetien 4:9
266 this erdimanee.-
267 Section 106 105. Resource Protection Area Recjulations.
268 There shall be no development in Resource Protection Areas
269 except for the construction, installation or maintenance of
270 water-dependent facilities-._ Redevelepment shall be al:leiied
271 redevelopment subject to the requirements of this ordinance, and
272 minor Prolects located in the landward fifty (50) feet of the
8
273 buf ed by the city manager as an ... exception pursuant
274 to Section 106 of this ordinance.
275 Section 106. Minor Proiects.
276 A. The City
inor
277 prolects located in the landward fifty (50) feet of the buffer
278 area with the following requirements:
279 (1) The request shall. be the minimum necessary to
280 afford relief:
281 (2) Best management Sractices shall be Provided where
282 necessary to prevent a net increase in nonpoint
283 source Pollution;
284 (3) Erosion and @gpdin.@t @@+--Ols shall be Provided
285 where necessarv to prevent erosio-
286 (4) Excavation material from constru e
287 disposed of in a lawful manner;
288 (5) All existing trees on the site (6)
289 inches or greater ht and
290 are located within twenty five (25) feet of the
291 construction footdrint shall be identified and
292 Protected. r trees removed shall be
293 in accordann@ wifh s
294 ordinance; and
295 (6) Reasonablc- an(i hall be
296 imposed bv i-hp rit-,, v to
297 preserve the purpose and
298 B. A water auality impact assessment shall be submitted
299 Prior to co any land-disturbing activity associated
300 with ject, unless waived by the city manager as
301 unnecessary in light on or charac eristics of the
302 Proposed Proiect.
303 C. A site Plan sufficient to shnw the
304 reauirements of subdivisions shall be submitted
305 and approved Prior to commencement of any ng
306 activity associated with a minor project,
9
307 D. Minor Proiects located in their entirety within the
308 Resource management Area shall not be subiect to the requirements
309 of this ordinance.
310 Section 107. Interpretation of Chesapeake Bay Preservation
311 Area Boundaries.
312 The Chesapeake Bay Preservation Area Map adopted by the City
313 Council shall be used as a guide to the general location of
314 Chesapeake Bay Preservation Areas. The site-specific boundaries
315 of a Chesapeake Bay Preservation Area shall initially be
316 delineated by the applicant, and shall be subject to approval and
317 modification by the gireeter City Manager on the basis of the
318 criteria set forth in Section 104 (B) of this ordinance. In
319 making such a determination, the Direeter City Manager may
320 consider any relevant information and may perform site
321 inspections. When a delineation of a Chesapeake Bay Preservation
322 Area, or any component thereof, has been approved or established
323 by the Direeter City Manager, the Chesapeake Bay Preservation
324 Area Map shall be amended to reflect such delineation.
325 Section 108. Performance Standards.
326 The performance standards set forth in this section are
327 intended to prevent a net increase in nonpoint source pollution
328 from new development, achieve a ten (10) per cent reduction in
329 nonpoint source pollution from redevelopment, and achieve a forty
330 (40) per cent reduction in nonpoint source pollution from
331 agricultural uses. The following standards shall apply to all
332 development and redevelodment within @ Chesapeake Bay
333 Preservation Areas, except for minor prolects authorized by
334 Section 105 of this ordinance or located entirelv within Resource
335 Management Areas.
336 A. General Performance Standards for Development and
337 Redevelopment.
338 (1) Land disturbance shall be limited to the area
339 necessary to provide for the desired use or
340 development. The limits of land disturbance,
341 including clearing or grading, shall be strictly
342 defined by the construction footprint as shown on
343 the approved plan of development. Clearing shall
344 be allowed only to provide necessary access, site
345 drainage, water quality best management practices,
346 installation of utilities and primary and reserve
347 drainfield sites as detailed on a Virginia
348 Department of Health Sewage Disposal Construction
349 Permit. These limits shall be clearly shown on
350 all Plans submitted plans by an applicant and
351 physically marked on the develepment site.
352 (2) Indigenous vegetation shall be preserved to the
353 maximum extent possible consistent with the use
354 and development permitted and in accordance with
355 the most recent edition of the Virginia Erosion
356 and Sediment Control Handbook.
357 a. Where areas to be preserved are considered to
358 be part of the stormwater management plan for
359 that site, existing trees of greater than six
360 (6) inches diameter at breast height shall be
361 preserved outside the construction footprint.
362 Diseased trees or trees weakened by age,
363 storm, fire, or other injury may be removed.
364 b. Prior to clearing or grading, suitable
365 protective barriers, such as safety fencing,
366 shall be erected outside of the dripline of
367 any tree or stand of trees to be preserved.
368 These protective barriers shall remain so
369 erected throughout all phases of
370 construction. The storage of equipment,
371 materials, debris, or fill shall not be
372 allowed within the area protected by the
373 barrier.
374 (3) Land development shall minimize impervious cover
375 to promote infiltration of stormwater into the
11
376 ground consistent with the use or development
377 permitted. During the design phase of
378 development, consideration should be given to the
379 following means of minimizing impervious cover:
380 a. Placement of parking areas under multiple-
381 family, office or commercial buildings;
382 b. Construction of no more than the minimum
383 number of parking spaces required by the City
384 Zoning ordinance;
385 C. Utilization of modular grid pavers on private
386 property and in low-traffic zones; and
387 d. Cluster development in lieu of conventional
388 development by use of conditional zoning or
389 the Open Space Promotion option.
390 (4) Notwithstanding any other provision of this
391 ordinance, any land disturbance exceeding two
392 thousand, five hundred (2,500) square feet,
393 including construction of all single-family
394 houses, septic tanks, and drainfields, shall
395 comply with the requirements of Article 3 of
396 Chapter 30 of the Code of the City of Virginia
397 Beach (City Code Sections 30-56 through 30-78).
398 (5) All on-site sewage disposal systems not requiring
399 a Virginia Pollutant Discharge Elimination system
400 (VPDES) permit shall be pumped out at least once
401 every five (5) years.
402 (6) For new construction not served by public sewer or
403 other system requiring a VPDES permit, a reserve
404 sewage disposal drainfield site with a capacity at
405 least equal to that of the primary sewage disposal
406 drainfield site shall be provided. This
407 requirement shall not apply to any lot or parcel
408 recorded prior to October 1, 1989 if such lot or
409 parcel is not sufficient in capacity to
410 accommodate a reserve sewage disposal drainfield
12
411 site, as determined by the Virginia Beach Health
412 District of the Virginia Health Department.
413 Building or construction of any impervious surface
414 shall be prohibited on the area of all sewage
415 disposal drainfield sites, including reserve
416 drainfield sites, until the property is served by
417 public sewer or an on-site sewage treatment system
418 operating under a VPDES permit.
419 (7) For any development or redevelopment, stormwater
420 runoff shall be controlled by the use of best
421 management practices that achieve the following
422 results:
423 a. For development, the postdevelopment nonpoint
424 source pollution runoff load shall not exceed
425 the predevelopment load based On an average
426 total Phop2horus loading (FVA) of 2.72
427 Pounds/acre/year and an equivalent impervious
428 cover (IVA) of twentv five (25) ipercent.
429 b. For intensely Develeped Areas er ether
430 redevelopment sites, the nonpoint source
431 pollution load shall be reduced by at least
432 ten (10) per cent of the existing load. The
433 C-ity Manager may waive or modify
434 this requirement for redevelopment sites that
435 originally incorporated best management
436 practices for stormwater runoff quality
437 control, provided that:
438 1. In no case may the postdevelopment
439 nonpoint source pollution runoff load
440 exceed the predevelopment load; and
441 2. Best management practice facilities
442 shall be in good working order and
443 performing at the design levels of
444 service. The Direeter- raa@
445
13
446 and the maintenanee plans ef saeh
447 faeilities te determine eempilanee w
448 this requireirent, and iray reqaire the
449 e)ceeutien ef a,,ee ag -------
450 te ensure eempiianee with th @
451 .-1--ements- The City Manager shall
452 conduct a review of the original
453 structural design and the maintenance
454 Plans of such facilities. The execution
455 of a new maintena may be
456 required to ensure compliance with these
457 reguirements.
458 C. Predevelopment and postdevelopment loadings
459 shall be calculated by the same procedures as
460 outlined by the Chesapeake Bav Local
461 Assistance Department in its Local Assistance
462 Manual.
463 d. For a redevelopment site more than ninety
464 (90) per cent of which is covered by
465 impervious surfaces, restoration of a minimum
466 of an additional twenty (20) per cent of the
467 site to vegetated open space shall be deemed
468 the equivalent of a ten (10) per cent
469 reduction in nonpoint source pollution load.
470 e. Calculations involving e of site
471 area under rvious c based
472 upon the lot area landward of mean ow water
473 and wetlan us cover shall not
474 include the water surface area of a swimming
475 pool.
476 f. Low maintpnann. @,A
477 management Practices shall be employed to the
478 maximum extent Practicable.
479 (8) Prior to the authorization of grading or other on-
480 site activities on that portion of a lot or
14
481 parcel, all permits required by the Wetlands
482 Zoning ordinance and Sections 401 and 404 of the
483 Clean Water Act (33 U.S.C. SSS1341, 1344) shall be
484 obtained and evidence of such submitted by the
485 applicant.
486 (9) Land upon which agricultural activities are
487 conducted shall have a soil and water quality
488 conservation plan. such plan shall be based upon
489 the Field office Technical Guide of the U.S.
490 Department of Agriculture Soil Conservation
491 Service and accomplish water quality protection
492 consistent with this ordinance. Such a plan shall
493 be approved by the Virginia Dare Soil and Water
494 Conservation District by January 1, 1995.
495 (10) Proposed revegetation of disturbed areas shall
496 provide maximum erosion and sediment control
497 benefits.
498 (11) Access for lo inent requiring permits
499 under Section 6-136 of the City Code or Section
500 1403 of the Wetlands Zoning ordinance, and for
501 develo ment authorized by Section 1402 of
502 the Wetlands Zoning Ordinance, shall be limited to
503 a single accessway so as to maintain the integrity
504 of the buffer.
505 (12) Fill for develo ment referred to in
506 subdivision (11) hereof shall be limited to
507 minimize disturbance of existing vegetation and
508 contours so as to effectively maintain the
509 integrity of the buffer.
510 (13) Disposal sites for dredged material shall be
511 located and stabilized landward of the buffer.
512 (14) Excavation material from construction, including
513 dredged material, shall of in a lawful
514 manner.
515 B. Buffer Area Requirements.
15
516 To minimize the adverse effects of development activities on
517 the other components of Resource Protection Areas, state waters,
518 and aquatic life, a one hundred (100) - foot Wide buffer area of
519 vegetation that is effective in retarding runoff, preventing
520 erosion, and filtering nonpoint source pollution from runoff
521 shall be retained if present and established where it does not
522 exist.
523 The buffer area shall be located adjacent to and landward of
524 other components of a Resource Protection Area. The f,ii buffer
525 area shall be designated as the landward component of the
526 Resource Protection Area.
527 The one hundred (100) - foot buffer area shall be deemed to
528 achieve a seventy-five (75) per cent reduction of sediments and a
529 forty (40) per cent reduction of nutrients. A combination of a
530 buffer area not less than fifty (50) feet in width and
531 appropriate best management practices located landward of the
532 buffer area which collectively achieve water quality protection,
533 pollutant removal, and water resource conservation at least the
534 equivalent of the full one hundred (100) - foot buffer area may
535 be employed in lieu of the one red 100) - foot buffer with
536 the apprevai a- Wate-r-
537 Qlaality lfnpaet
538 C. Buffer Area Performance Standards.
539 The buffer area shall be maintained to meet the following
540 additional performance standards:
541 (1) In order to maintain the functional value of the
542 buffer area, no indigenous vegetation shall be
543 removed except to provide for reasonable sight
544 lines, access paths, general woodlot management,
545 and best management practices, as follows:
546 a. Trees may be pruned or removed as necessary
547 to provide for sight lines and vistas,
548 provided that where removed, they shall be
549 replaced with other vegetation that is
550 equally effective in retarding runoff,
16
551 preventing erosion, and filtering nonpoint
552 source pollution from runoff.
553 b. Any path shall be constructed and surfaced so
554 as to effectively control erosion.
555 C. Dead, diseased, or dying trees or shrubbery
556 may be removed at the discretion of the
557 landowner.
558 d. For projects requiring permits under Section
559 6-136 of the City Code or Section 1403 of the
560 Wetlands Zoning Ordinance, and for projects
561 authorized by Section 1402 of the Wetlands
562 Zoning ordinance, trees and woody vegetation
563 may be removed, necessary control techniques
564 employed, and appropriate vegetation
565 established to protect or stabilize the
566 shoreline in accordance with the best
567 available technical advice and applicable
568 permit conditions or requirements.
569 (2) When the application of the buffer areas would
570 result in the loss of a buildable area on a lot or
571 Parcel recorded prior to October 1, 1989, the
572 ci ana er may allow reductions of the
573 Width of the buffer area in accordance with
574 following criteria:
575 a. Encroachments upon, or reductions in the
576 width of, the buffer area shall be the
577 minimum necessary to accommodate a
578 construction footprint solely for a principal
579 structure. Once construction is complete,
580 the vacant area within the construction
581 footprint shall be restored with vegetation
582 aeeerding te th 3:aig..
583 b. where possible, an area of vegetation equal
584 in size to the area of the buffer reduced or
585 encroached upon shall be established
17
586 elsewhere on the lot in such manner as to
587 maximize water quality protection; and
588 C. In no case shall the reduced portion of the
589 buffer area be less than fifty (50) feet in
590 width.
591 (3) On agricultural lands the agricultural buffer area
592 shall be managed to prevent concentrated flows of
593 surface water from breaching, and noxious weeds from
594 invading, the buffer area. The agricultural buffer
595 area may be reduced as follows:
596 a. To a minimum width of fifty (50) feet when
597 the subject land is implementing a federal,
598 state, or locally-funded agricultural best
599 management practices program, provided that
600 the corabination of the reduced buffer area
601 and the best management practices achieve
602 water quality protection, pollutant removal,
603 and water resource conservation at least the
604 equivalent of the one hundred (100) - foot
605 buffer area, as determined by the Virginia
606 Dare Soil and Water Conservation District;
607 b. To a minimum width of twenty-five (25) feet
608 when a soil and water quality conservation
609 plan, as approved by the Virginia Dare soil
610 and Water Conservation District, has been
611 implemented on the subject land. Such plan
612 shall be based upon the Field office
613 Technical Guide of the U.S. Department of
614 Agriculture Soil Conservation Service and
615 accomplish water quality protection
616 consistent with this ordinance.
617 C. The buffer area shall not be required for
618 agricultural drainage ditches if the subject
619 agricultural land has in place best
620 management practices in accordance with a
18
621 conservation plan approved by the Virginia
622 Dare Soil and Water Conservation District.
623 C-. The previsiens ef subseetien B. here appl:,;
624 te lands designated as intensely Develeped Areas, e)feept that-
625
626
627
628 D. A new or expanded water dependent facility shall be
629 allowed provided that:
630 (1) It does not conflict with the comprehensive
631 plan.
632 (2) It complies with all of the applicable
633 Performance standards set forth in Section
634 108 of this ordinance.
635 (3) Any non-water dependent component is located
636 landward of Resource Protection Areas.
637 (4) Access will be provided with th, linimu,
638 disturbance necessary. Where possible, a
639 single point of access Will be provided.
640 E. Redevelopment Performance Standards.
641 (1) Redevelopment s able
642 stormwater management and erosion and
643 sediment control t)er
644 forth in Section 108 of t
645 (2) Where noss -establish
646 or maintain a vegetated buffer of sufficient
647 width to hely a it
648 reduction in the existing nonpoint source
649 Dollution InAd f@, ent.
650 Section log.
651
652
esed-
653
654
19
655
656 ALeas, it iii!! be I:eeated en these per-ti
657 iftannei, that iiij-
658
659 speeify meaiis t
660
661 B. A ,iatei- qttaiity ilapaet a
662
663
664 fer- in Seetien
665 qlaality impaet stateinent is EleemeEl te
666 evaiiiate the petential ifnpaets
667
668
669
670
671 quality assessment a in the
672 judgment ef the
673
674
675 (1) 1-6eatien ef the eempenen.- &r-ee
676
677 ar-ea,-
678 (2) Ty inent-
679
680
Eir-ea
681 (9) A
682
683 pth te gi-et*ndiia--er
684 and infiltr-atien r-ate iolher-e
685 sar-faee anel gr-eufld1/2iater- hydr-el:egy,
686
rar-y,
687 patter-ns fr-em adjaee
688
689
20
690
691 adjaeent
692
693
694
695 ef- pr-epeseel eme
696 e. indieates, -ependent
697 the leeatien ef, and
698 ifftpaets iipen, shelifish
699 aquatie vegeta
700 nur-s
701 f. 1-ists all feder-al, state and leeal pel-Mit-S
702 i-eEIiiii-ed f el- t @; and-
703 9. I)eser-ibes lasul-es
704 fell the petential adver-se hydr-O
705 iinpaets ef- the
706 (4) A landseape elemeii
707 a. identif
708 tiees ef s
709 br-east height. ;4her-
710 tr-ees, stan--s@
711 b . E)eser-ib
712 develepment ei- i-edevel-e@ en
713 e)fist -inatie
714
715 3:. 1-imits ef eiearin
716
717 btlildinejs, Eir-ives, a
718 2. E)el:in
7 19
720 3. E)eser- a be
72 1
722 -
723 mitiej
21
724 3:. A replanting sehedule fel- ti-ees AREI
725 ether veejetatien r-eineved fe3--
726
727 and tr-ees te be usedl
728 2. A demens:tr-atien that tlie
729
730 e3ftent pessibie
731
732
73 3
734 3. A deraenstr-atien that indigeneus pi
735
73 6
737
738 (I:) T-h
73 9 i-evieif stieh nttfa' raifings
740 and e:bher-
741
742 (2) All inferraat-ieii r-eT 3: be
743 piepar-ed Igy a p
744
745 laiidseape elemefit may be pi-epared by a qualified
746
747 and Feundat-'-en ane-l
748 Standardsl and p
749
750 iedeveiepfae-..-
751 E)r-dinanee shall ar-ed --y
752
753 (3) A iiater- qua?zity i
754
755
756
757 Section lio. Plan of Development Process.
22
758 A. A lot which is tn h- 11-@1-1 --- d as o,, (I_)
759 dwellina. spmia@i-.,h.A a,,@
760 located in itq ,ithin the Resource Management Area
761 havi tion footprint greater than twc) t-hni,@.@A 'Five
762 hund kre feet s
763 the Provis
764 comulv with fha
765 -epared according to the nrovisions of
766 the Site Plan or win
767 1 unnecessary by the City Manager:
768 (1) Limits of land s of
769 clearina. aradin" .... and stag reas.
770 (2) Location of nll rodosed
771 sentic tanks AnH HI-i@fi@ld areas including
772 reserve areas and the 1 1 existing and
773 proposed wells and utilities.
774 (3) Location of all -nd sediment control
775 devices.
776 (4) A statement that excavation material from
777 construction Rhall h. wful
778 manner.
779 (5) The total amount of i rvilous.surface Proposed
780 fo the site.
781 (6) SPecifications for th
782 trees and vegetation durina rlpn@in@ and
783 al
784 (7) Revegetation schedule, if required by the City
785 Manager,
786 (8) Best management uired by Cit
787 Manager.
788 (9) )le wetlands uermits
789 reauired bv 1,iw h.,,. h.@@ r to
790 authorization nf other on-site
791 act
23
792 The be deemed a Plan of development
793 review Process consistent with Section 15.1-491 e
794 of Virginia.
795 B. Any development or redevelopment having a construction
796 footprint exceeding two thousand, five hundred (2,500) square
797 feet utlined Pursuant to subsection (A) hereof, shall
798 be accomplished through a plan of development process prior to
799 any clearing or grading of the site or the issuance of any
800 building permit.
801 AC-. Required Information Submission and Review
802
803 (1) There shall be submi ity Manager for
804 review such number of conigr nf All if-. A-awings
805 and other rpffiii@@H i@f@ --- *4 v Manaaer
806 may.require.
807 (2) All information hall be
808 drawn to the same liminary site
809 Plan or final subdivision Plat, and certified as
810 comdlete anr3 ),,, . ,
811 or a certified land surveyor. The environmental
812 features survpv mA, .1@- v,-
813 and accuratp hv A n,@f.@@4-nal landscape
814 ar an of the water
815 quality impact assessment may also be submitted as
816 complete and ac
817 as defined bV the Citv's Parking Lot and
818 Foundation I,andsc@incf Specifications and
819 Standards; Provided, however _that landscape plans
820 for single-familv residential
821 redevelodment not sublent tn f-h. vision
822 Ordinance shall n tted bv
823 a qualified professional.
824 (3) The following plans shall be submitted, unless
825 otherwise provided for or deemed unnecessary by
826 the City a er:
24
827 (@a) A site plan or a subdivision plat
828 meeting the requirements of the Site
829 Plan ordinance or Subdivision ordinance,
830 as the case may be;
831 (@b) An environmental features survey;
832 (@c) A landscape plan;
833 (@d) A stormwater management plan meeting the
834 requirements of the Stormwater
835 Management ordinance;
836 (@e) An erosion and sediment control plan
837 meeting the requirements of the City's
838 Erosion and Sediment Control and Tree
839 Protection Ordinance; and
840 (@f) A water quality impact assessment,
841 red by Seetien io@ this
842
843 B-D- Environmental Features Survey.
844 An environmental features survey shall be submitted in
845 conjunction with final subdivision plat or site plan review.
846 (1) Such plan shall be drawn to scale and clearly
847 delineate the following environmental features:
848 (a) Tidal wetlands;
849 (b) Tidal shores;
850 (c) Nontidal wetlands eenneeted by pe
851 sur-faee --'-(
852 er tributa as set forth in Section
853 104 (B) (2L of this ordinance;
854 (d) Highly erodible soils; and
855 (e) A buffer area one hundred (100) feet in
856 width, located adjacent to and landward of
857 components (a) through (e) and along both
858 sides of any tributary stream.
859 (2) The location and extent of nontidal wetlands
860 referred to in (c) hereinabove shall be determined
861 in accordance with the procedures specified in the
25
862 Federal Manual for Identifying and Delineating
863 Jurisdictional Wetlands, as restricted by
864
865 B) (2) of this ordinance.
866 (3) EPI ha'-,
867
868
869 as eemplete and aeeurate by a prefe
870 engineer, prefessienal landseape a
871
872 C--E- Landscape Plan.
873 (1) A landscape plan shall contain the following:
874 a. A delineation of the location, size, and
875 description of existing and proposed plant
876 material. All existing trees on the site of
877 six-ineh inches or greater diameter at
878 breast height shall be shown on the
879 landscaping plan. Where there are groups of
880 trees, stands may be outlined instead. The
881 specific number of such trees to be preserved
882 OUtside or within the construction footprint
883 shall be indicated on the plan. Trees and
884 Plants to be isturbed or removed to create a
885 desired construction footprint shall be
886 clearly delineated on the landscape plan. A
887 descrintion nf f-h. d measures for
888
889 schedule for tr
890 removed for con t of
891 Plants and trees to be used; (ii) a
892 demonstration that the design of the Plan
893 -est extent sible
894 any trees and vegetation on the site and will
895 idrovide rnayinii@ ... @i-- - ntrol and overland
896 flow benefits frnm @1111, ,.--4--+
26
897 a demonstration that -1.-+-@ are to
898 be used to the greatest extent Possible. If
899 no mitigation or planting is required,
900 existing trees may be delineated on the
901 environmental features survey;
902 b. A delineation of any required buffer area and
903 any plant material to be added to establish
904 or supplement the buffer area;
905 C. Within the buffer area, a designation of the
906 trees to be removed for sight lines, vistas,
907 access paths and best management practices,
908 and any vegetation replacing trees removed
909 from the buffer area;
910 d. A designation of the trees to be removed for
911 shoreline stabilization projects and any
912 replacement vegetation;
913 e. A depiction of grade changes or other work
914 adjacent to trees which would adversely
915 affect them. Specifications shall b,
916 provided as to how grade, drainage, and
917 aeration would be maintained around trees to
918 be preserved; @
919 f. A description o of clearing of
920 exist d
921 improvements, includina biiilrlin,. 1-,',,-s
922 and utilities; and
923 -t-q- Specifications for the protection of existing
924 trees during clearing, grading, and all
925 phases of construction.
926 (2) Plant specifications.
927 Plant specifications shall be as follows:
928 a. All plant materials necessary to supplement
929 the buffer area or vegetated areas outside
930 the construction footprint shall be installed
27
931 according to standard planting practices and
932 procedures.
933 b. All supplementary or replacement plant
934 materials shall be in a healthy condition.
935 Plant materials shall conform to the
936 standards of the most recent edition of the
937 American standard for Nursery Stock,
938 published by the American Association of
939 Nurserymen.
940 C. Where areas to be preserved are encroached
941 upon, replacement of existing trees and other
942 vegetation shall be achieved at a ratio of
943 three (3) trees planted to one (1) tree
944 greater than six (6) inches diameter at
945 breast height removed, or by such other
946 measures as in the judgment of the
947 City Manaaer will adequately compensate for
948 the removal of such trees and other
949 vegetation. Replacement trees shall be a
950 minimum two (2) to two and one-half inehes (2
951 1/2-) inches caliper at the time of planting.
952 (3) maintenance.
953 Maintenance of vegetation shall be as follows:
954 a. The applicant shall be responsible for the
955 maintenance and replacement of all vegetation
956 required by the provisions of this ordinance.
957 b. In buffer areas and areas outside of the
958 construction footprint, plant material shall
959 be tended and maintained in a healthy growing
960 condition and free from refuse and debris.
961 Unhealthy, dying, or dead plant materials
962 shall be replaced during the next planting
963 season, as required by the provisions of this
964 ordinance.
28
965 (4) T saine
966
967
968 eamplete and ae
969
970 FelifiElatien Landseaping speeifieatiens
971
;er-, that landseape
972 fer- singie
973
974
975 a ellaalifie
976 D-F- Stormwater Management Plan.
977 A stormwater management plan shall be SUbMitted as part of
978 the plan of development process required by this ordinance and in
979 conjunction with preliminary site plan or final subdivision plat
980 approval.
981 (1) The stormwater management plan shall contain maps,
982 charts, graphs, tables, photographs, narrative
983 descriptions, explanations, and supporting
984 references. At a minimum, the stormwater
985 management plan shall contain the following:
986 a. Location and design of all planned stormwater
987 control devices;
988 b. Procedures for implementing non-structural
989 stormwater control practices and techniques;
990 C. Predevelopment and postdevelopment nonpoint
991 source pollutant loadings with supporting
992 documentation of all utilized coefficients
993 and calculations as outlined in inA
994 (A) (7) (c) of this rdinance;
995 d. For stormwater management facilities,
996 verification of structural soundness, which
997 shall be certified by a professional
998 engineer.
29
999 (2) All engineering calculations shall be performed in
1000 accordance with current City of Virginia Beach
1001 Public Works Standards and Specifications and the
1002 current edition of the Local Assistance Manual.
1003 (3) The plan shall establish a long-term schedule for
1004 inspection and maintenance of stormwater
1005 management consistent with the Gity's Stormwater
1006 Management Ordinance
1007 -EG. Erosion and Sediment Control Plan. An erosion and
1008 sediment control plan meeting the requirements of the provisions
1009 of Article 3 of Chapter 30 of the Code of the City of Virginia
1010 Beach (City Code Sections 30-56 through 30-78) shall be submitted
1011 with the preliminary site plan or final subdivision plat.
1012 H. Water Ouality Impact Ass Pose of a
1013 water quality.impact assessment is to: (i) identify the
1014 potentially adverse impacts of j2roposed development on water
1015 quality and v Preservation Areas; (ii)
1016 ensure that, where develonment or redevelopment takes place
1017 with k Bay Preservation Areas, it will be located on
1018 those portions of a site and in a.manner that will be least
1019 disruptive to the natural functions of Resource Protection Areas
1020 and ve lands: and (iii) sdeci@means to avoid,
1021 minimize or mitigate the impacts of development for water guality
1022
1023 (1) A water aual t@.impact assessment shall be
1024 reguired (i) for any development or redevelopment
1025 within a Resou ce Protection Area; (ii) for anv
1026 buffer area encroach tion; (iii) for
1027 any variance provided for in S ction 113 of this
1028 or -oiects authorized by
1029 Section 106 of this Ordinance, unless waived by
1030 the City manager Pursuant to such section; or (v)
1031 where a water s deemed
1032 necessary by the C Le
1033 Potential in @cts of the development or
30
1034 redevelolpment on.water cruality or a Resource
1035 Protection Area by reason of the unique
1036 characteristics of the site or the intensitv of
1037 the Proposed use or development,
1038 (2)
1039 water guality assessment unless one or more such
1040 elements shall, in the judqment of the City
1041 Manager, not be reasonably necessary in
1042 determining the iinpact of the @o osed development
1043 or redevelopment:
1044 a. An environmental features survey as set forth
1045 in Section lio rdinance;
1046 b. A landscaide Plan as set forth in section 110
1047 (E) of this ordinance;
1048 C. A stormwat forth in
1049 Section 11 F) of this
ordinance, and
1050 d. A narrative that:
1051 1. Describes aphy, soil
1052 information, including dedth to
1053 groundwater and rate where
1054 appropriate, surface and groundwater
1055 hvdroloav- site and, if
1056 necessary, drainaa om
1057 adiacent lands;
1058 2. Describes the impacts of the Proposed
1059 development on topography, soils,
1060 surface and groundwater hydrology on the
1061 site and adjacent lands;
1062 3. Describes tential adverse impacts on
1063 wetlands;
1064 4. Indicates
1065 description of @osed excavation and
1066 fill material;
1067 5. Indicates,
1068 activity, the locati tential
31
1069 adverse imloacts ur)on_shellfish beds,
1070 submerged aguatic v tation, and fish
1071 spawning and nursery areas;
1072 6. Lists all
1073 permits required for the development of
1074 the site; and
1075 7. Describes fhp -4*iqation
1076 measures for thp nni-.@i-i.1 -A@,erse
1077 hydrogeological
1078 FH-. Performance and Bonding Requirements.
1079 (1) No approved plans required by this section shall
1080 be released until the applicant provides
1081 performance bonds or other form of surety
1082 acceptable to the City Attorney, provided,
1083 however, that when the occupancy of a structure is
1084 desired prior to the completion of the required
1085 landscaping, stormwater management facilities, or
1086 other specifications of an approved plan, a
1087 building permit and certificate of occupancy may
1088 be issued if the applicant provides to the City of
1089 Virginia Beach a form of surety satisfactory to he
1090 City Attorney in an amount equal to the estimated
1091 cost of construction, related materials, and
1092 installation costs of the required landscaping or
1093 other specifications and maintenance costs for any
1094 required stormwater management facilities.
1095 (2) All required landscaping shall be installed as
1096 approved by the end of the first planting season
1097 following issuance of a certificate of occupancy
1098 or the surety shall be forfeited to the City.
1099 (3) All required stormwater management facilities or
1100 other specifications shall be installed and
1101 approved within eighteen (18) months of project
1102 commencement. Should the applicant fail, after
1103 proper notice, to initiate, complete or maintain
32
1104 appropriate actions required by the approved plan,
1105 the surety may be forfeited to the City, which may
1106 also collect from the applicant the amount by
1107 which the reasonable cost of required actions
1108 exceeds the amount of the surety held.
1109 (4) After all required actions of the approved plan
1110 have been completed, the applicant shall submit to
1111 the City Manaqer a written request for a
1112 final inspection. If the requirements of the
1113 approved plan have been completed, such unexpended
1114 or unobligated portion of the surety held shall be
1115 refunded to the applicant or terminated within
1116 sixty (60) days following the receipt of the
1117 applicant's request for final inspection.
1118 (5) Prior to the issuance of any grading, building or
1119 other permit for activities involving site
1120 development activities, the applicant shall
1121 furnish to the City a reasonable performance bond,
1122 cash escrow, letter of credit or other legal
1123 surety, or any combination thereof acceptable to
1124 the City Attorney, to ensure that measures may be
1125 taken by the City, at the applicant,s expense,
1126 should he fail, after proper notice, within the
1127 time specified, to initiate or maintain
1128 appropriate conservation action which may be
1129 required of him as a result of his site
1130 development.
1131 (6) Any applicant, or potential applicant, may confer
1132 with such departments and other agencies of the
1133 City as may be appropriate concerning a general
1134 development or redevelopment proposal before
1135 submission of an application. Such conference
1136 shall not require formal application, the payment
1137 of fees, or submission of a plan of development,
33
1138 and shall not be construed as an application for
1139 approval of such proposal.
1140 Section iii. Nonconforming Buildings and Structures.
1141 A. Any use, building or structure which lawfully existed
1142 on the date of adoption of this ordinance and which is not in
1143 conformity with any one or more of the provisions of this
1144 ordinance, and any use, building or structure which lawfully
1145 exists on the date of adoption of any amendment to this ordinance
1146 and which is not in conformity with such amendment, shall be
1147 deemed nonconforming.
1148 B. No change of use or extension, enlargement, relocation
1149 or substantial alteration of a nonconforming use, building or
1150 structure which would increase the area ef implet-v-'-
1151 the let apen whieh i -@ nonpoint source
1152 pollution runoff load from the lot shall be allowed unless
1153 authorized by the Board in accordance with the procedures and
1154 standards specified in Section 113 of this ordinance or by the
1155 pursuant to subsection (E).
1156 C. Any action of the Board permitting a change of use, or
1157 the extension, enlargement, relocation or alteration of a use,
1158 building or structure subject to the provisions of this section
1159 shall be null and void twelve (12) months from the date of its
1160 adoption unless substantial work has commenced and is diligently
1161 pursued.
1162 D. Nothing in this section shall be construed to prohibit
1163 the reconstruction or restoration of any nonconforming building
1164 or structure which is destroyed or damaged by reason of casualty
1165 loss, provided that the area encompassed by such building or
1166 structure, as reconstructed or restored, is not extended or
1167 enlarged. Relocation of a building or structure shall be allowed
1168 only as provided in subsection (B) hereof.
1169 E. Any application for a change of use or extension,
1170 enlargement, relocation or substantial alteration of a
1171 nonconforming use, building or structure shall be reviewed by the
34
1172 - If the determines
1173 that the proposed action would not increase the
1174
d-'-nej el-
1175 nonpoint source
1176 POllUtion runoff load from the lot, the
1177 shall approve the application. If the
1178 determines that any increase in nonpoint source Pollution runoff
1179 load may be prevented by the use of best management practices or
1180 other mitigation techniques, 4rt he shall approve the application
1181 upon the condition that such practices or techniques, or a
1182 combination thereof, be employed. The m,y
1183 establish such review policies as deemed expedient in
1184 effectuating the intent of this section.
1185 F. Anv develonmpnf @, I.,A A@ nq an area
1186 of two thousand, five hundred squa comply
1187 with trol Perfo
1188 forth in secti@@ 'nR -f *his ordinance.
e
1189 -FG- Notwithstanding any other provision of this s ction,
1190 where the requirements for buffer area reductions pursuant to
1191 Section 108 (B) of this ordinance are met, the citv
1192 a er shall approve any change of use Or e,tension,
1193 enlargement, relocation or substantial alteration of a
1194 nonconforming use, building or structure in the landward fifty
1195 (50) feet of the buffer area.
1196 Section 112. Exemptions.
1197 A. Exemptions for Public Facilities.
1198 (1) construction, installation, operation and
1199 maintenance of electric and telephone lines,
1200 railroads, public roads and their appurtenant
1201 structures in accordance with (i) regulations
1202 Promulgated Pursuant to the Erosion and Sediment
1203 Control Law (Spnti@, in i-,@r he Code
1204 of Act
1205 (Section io.1-Ani 1 @f- @-g. of the code of
3 5
1206 v control
1207
iciement i)lan ap ed b
1208 the Virginia DeDartment nf r-@..-,,.+-ion and
1209 Recreation, or (i
1210 Protection criteria at least as stringent as the
1211 state requirements Will h@ a .... a *- constitute
1212 COMOliance with fh ... ... "lations, Provided that:
1213
1214
1215
1216
Sueh
1217 apper-tenant struetur-es shall i r-e net
1218 iis,
1219
1220 deviees, fenees and berms
1221 a. The road alignment and design are ontimized
1222 and consistent With othp@
1223 recruirements to nrpvpnf- @- @*h@ e
1224 (i) encroachment in the Resource Protection
1225 Area and :er
1226 it -
1227 b. Such apourtenant structures shall include,
1228 but are not lim
1229 guard rails. drainaae fanilit-i.. lighting
1230 and traffic control F.
.nces and
1231 erms.
1232 (2) Roads or r3rivpw.,,@ @-+- --.Mpt.from the
1233 of Section 112 (A)fl) f +-),i@ v be
1234 constructed in or across Resource Protection Areas
1235 if each of the foil met:
1236 a. The Citv Mannffp@ finding that there
1237 are no reasonable alternatives to aligning
1238 the road or drivewav in n' *),e
1239 Resource Protection Are-
3 6
1240 b. The alignment and design of t e road or
1241 drivewav are nntimi,.A er
1242 reau encroachment
1243 into the Resource Prnt-pnf-i@@ a-@@
1244 adverse effects on water crualitv:
1245 C.. The desian and or
1246 driveway satisfv all applicable cri eria of
1247 this ordinance, includinq submission of a
1248 water quality impact assessment, and
1249 d. The City Manager reviews the plan for the
1250 road or drivew r across the
1251 Resource Protection Area in c ith
1252 local site Plan, subdivision and plan of
1253 development approvals.
1254 (@3) Construction, installation and maintenance of
1255 water, sewer, cable and qas lines and storm
1256 drains, and their appurtenant facilities, and of
1257 pumping stations, fire hydrants, manholes,
1258 communication devices and power facilities that
1259 are an essential but incidental component of
1260 public water and sewer projects, shall be exempt
1261 from this ordinance provided that:
1262 a. To the degree practicable, the location of
1263 such utilities and facilities shall be
1264 outside Resource Protection Areas;
1265 b. No more land shall be disturbed than is
1266 necessary to provide for the desired
1267 installation;
1268 C. All construction, installation, and
1269 maintenance of such utilities and facilities
1270 shall comply with all applicable state and
1271 federal requirements and permits and shall be
1272 designed and constructed in a manner that
1273 protects water quality; and
37
1274 d. Any land disturbance exceeding an area of two
1275 thousand, five red 2,500) square feet
1276 complies with all requirements of Article 3
1277 of Chapter 30 of the Code of the City of
1278 Virginia Beach (City Code Sections 30-56
1279 through 30-78).
1280 (@4) Construction, installation and maintenance of
1281 stormwater quality control structures such as
1282 pipes, ditches, swales, culverts, detention and
1283 retention ponds, energy dissipating devices and
1284 ditch bank protection which are required or
1285 regulated by city ordinance and which comply with
1286 the requirements of Article III of Chapter 30 of
1287 the Code of the City of Virginia Beach (City Code
1288 Sections 30-56 through 30-78) shall be deemed to
1289 be in compliance with this ordinance.
1290 B. Exemptions for Silvicultural Activities.
1291 Silvicultural activities shall be exempt from the
1292 requirements of this ordinance provided that such activities
1293 comply with water quality protection procedures prescribed by the
1294 Department of Forestry in its "Best Management Practices Handbook
1295 for Forestry Operations."
1296 C. Exemptions in Resource Protection Areas.
1297 The following uses of land in Resource Protection Areas
1298 shall be exempt from the provisions of this ordinance: (i) water
1299 wells; (ii) passive recreation facilities, including, but not
1300 limited to, boardwalks, trails and pathways; (iii) historic
1301 preservation and archaeological activities; and (iv) fences which
13 02 do not inhibit surface flow; p
1303 7' provided that it is demonstrated to
1304 the satisfaction of the that:
1305 (1) Any required permits, except those to which this
1306 exemption specifically applies, shall have been
1307 issued; and
38
1308 (2) Any land disturbance exceeding an area of two
1309 thousand, five hllndred (2,500) square feet shall
1310 comply with all requirements of Article 3 of
1311 Chapter 30 of the Code of the City of Virginia
1312 Beach (City Code Sections 30-56 through 30-78).
1313 Section 113. Variances.
1314 A. Applications for variances from any of the provisions
1315 of this ordinance shall be in writing and filed with th,
1316 - Such applications shall identify the potential
1317 impacts of the proposed variance on water quality and on lands
1318 within the Resource Protection Area through the performance of a
1319 water quality impact assessment which complies with the
1320 provisions of this ordinance. No such applications shall be
1321 accepted by the unless accompanied by a
1322 nonrefundable fee in the amount of one Hundred Five Dollars
1323 ($105.00).
1324 B. The shall review the request for
1325 a variance and the water quality impact assessment and provide
1326 the Board with an evaluation of the Potential impacts of the
1327 proposed variance and such other information as may aid the Board
1328 in considering the application. The shall
1329 transmit the application and supporting information and
1330 evaluation to the members of the Board and the applicant no less
1331 than five (5) days prior to the scheduled hearing on such
1332 application.
1333 C. Not later than sixty (60) days after the receipt of an
1334 application, the Board shall hold a public hearing on such
1335 application. Notice of the time and place of the hearing shall
1336 be published no less than once per week for two consecutive weeks
1337 prior to such hearing in a newspaper having a general circulation
1338 in the city. The second such notice shall appear not less than
1339 five (5) days nor more than twenty-one (21) days prior to the
1340 hearing.
3 9
1341 D. In addition to the foregoing requirements, the
1342 applicant shall cause to be posted on the property which is the
1343 subject of the hearing a sign, of a size and type approved by the
1344 Board, clearly visible and legible from the nearest public
1345 street. Such sign shall be posted not less than fifteen (15)
1346 days from the public hearing and shall state the nature of the
1347 application and date and time of the hearing. In the event such
1348 sign is removed, obscured or otherwise rendered illegible prior
1349 to the hearing, the Board may deny or defer the application. Any
1350 application deferred by the Board by reason of noncompliance with
1351 the posting requirements of this section shall not thereafter be
1352 heard unless and until an additional fee in the amount of one
1353 Hundred Dollars ($loo.oo) is paid.
1354 E. The Board may make, alter and rescind rules for its
1355 procedures not inconsistent with the provisions of this section;
1356 provided, however, that a quorum shall be not less than a
1357 majority of all of the members of the Board, and provided
1358 further, that the concurring vote of a majority of the full
1359 membership of the Board shall be required to grant any variance.
1360 F. No variance shall be granted unless the Board finds
1361 that:
1362 Granting the variance will not confer upon the
1363 applicant any special privileges not accorded to
1364 other owners of property in Chesapeake Bay
1365 Preservation Areas;
1366 (2) The application is not based upon conditions or
1367 circumstances that are or have been created or
1368 imposed by the applicant or his predecessor in
1369 title;
1370 (3) The variance is the minimum necessary to afford
1371 relief;
1372 (4) The variance will be in harmony with the purpose
1373 and intent of this ordinance, and not injurious to
1374 the neighborhood or otherwise detrimental to the
1375 public welfare; and
40
1376 (5) There will be no net increase in nonpoint source
1377 pollution load.
1378 No variance shall be granted unless reasonable and appropriate
1379 conditions are imposed which will prevent the variance froin
1380 causing or contributing to a degradation of water quality.
1381 G. Any party aggrieved of a decision of the Board may,
1382 within thirty (30) days of the date of such decision, petition
1383 the circuit Court to review such decision. The procedure in such
1384 cases shall be as provided in Section 15.1-497 of the code of
1385 Virginia, as amended. No party having failed to appear at the
1386 hearing before the Board and object to the application at that
1387 time shall be deemed to be an aggrieved party; provided, however,
1388 that the City shall have standing to appeal any decision of the
1389 Board irrespective of not having appeared before the Board as
1390 otherwise required by this section.
1391 H. The circuit Court may affirm, reverse or modify any
1392 decision of the Board, and may impose any reasonable conditions
1393 in its judgment; provided, however, that no decision of the Board
1394 shall be disturbed unless the court shall find that:
1395 (1) The decision appealed from was based upon the
1396 erroneous application of the criteria set forth in
1397 subsection (F) hereof or was based upon grounds
1398 other than those set forth therein;
1399 (2) There was no substantial evidence upon which the
1400 Board could have made all findings required by
1401 subsection (F);
1402 (3) The decision of the Board was plainly wrong; or
1403 (4) The Board failed to impose reasonable and
1404 appropriate conditions intended to prevent the variance from
1405 causing or contributing to a degradation of water quality.
1406 Section 114. Appeals.
1407 A. Any order, determination or decision made by the
1408 gireeter or any administrative officer in the
1409 administration or enforcement of this ordinance may be appealed
41
1410 to the Board by application filed with the Direeter City Manaaer
1411 within fifteen (15) days from the date of such order,
1412 determination or decision. Such application shall state with
1413 particularity the grounds of such appeal. Any application
1414 failing to do so shall be rejected by the
1415 The filing of an appeal shall not stay any proceedings in
1416 furtherance of the action appealed from.
1417 B. The fees, notice requirements and procedures pertaining
1418 to appeals shall be as set forth in Section 114 113; provided,
1419 however, that the provisions of subsection (B) thereof shall not
1420 apply.
1421 C. Any party aggrieved of any determination of the Board
1422 shall have the right to petition the Circuit Court to review a
1423 decision of the Board made pursuant to this section. The
1424 provisions of subsection (G) of Section !!4 1-13 of this ordinance
1425 shall apply in such cases.
1426 Section 115. Violations.
1427 A. A violation of any of the provisions of this ordinance
1428 shall be a misdemeanor punishable by a fine in an amount not
1429 exceeding One Thousand Dollars ($1,000.00) or confinement in jail
1430 for a period not exceeding twelve (12) months, either or both.
1431 B. In addition to, and not in lieu of, the penalties
1432 prescribed in subsection (A) hereof, the City may apply to the
1433 Circuit Court for an injunction against the continuing violation
1434 of any of the provisions of this ordinance and may seek any other
1435 remedy authorized by law.
1436 C. Upon notice from the City Manager that
1437 any activity is being conducted in violation of any of the
1438 provisions of this ordinance, such activity shall immediately be
1439 stopped. An order to stop work shall be in writing and shall
1440 state the nature of the violation and the conditions under which
1441 the activity may be resumed. No such order shall be effective
1442 until it shall have been tendered to the owner of the property
1443 upon which the activity is conducted or his agent or to any
42
1444 person conducting such activity. Any person who shall continue
1445 an activity ordered to be stopped, except as directed in the
1446 stop-work order, shall be guilty of a violation of this
1447 ordinance.
1448 Section 116. Severability.
1449 The provisions of this ordinance shall be deemed to be
1450 severable, and if any of the provisions hereof are adjudged to be
1451 invalid or unenforceable, the remaining portions of this
1452 ordinance shall remain in full force and effect and their
1453 validity shall remain unimpaired.
1454 Section 117. Vested Rights.
1455 The provisions of this ordinance shall not affect the vested
1456 rights of any person under existing law.
1457 Section 118. Enforcement.
1458 This ordinance shall be enforced by the City Manager
1459 Direeter of Publie i4er-!Es er- -esignee, who shall exercise all
1460 authority of police officers in the performance of their his
1461 duties. Such authority shall include, without limitation, the
1462 authority to issue summonses directing the appearance before a
1463 court of competent jurisdiction of any person alleged to have
1464 violated any of the provisions of this ordinance.
1465 Section 119. Effective Date.
1466 This ordinance shall become effective on the first day of
1467 January, 1991; Provided, ts to this
1468 ordin made on the 10th day shall become
1469 effective on the first day of January, 1993.
1470 Adopted by the Council of the City of Virginia Beach,
1471 Virginia on the 10 day of November 1992.
1472 CA-4742
1473 \wmordres\bayamd2.orn
1474 R-2
43
- 38 -
item IV-L.I.
UNFINISHED BUSINESS ITEM # 36218
BY CONSENSUS, City Council made a part of the record:
ABSTRACT OF IIOTES
GENERAL ELECTION
Novei?iber 3, 1992
November 10, 1992
ABS@CT OF VOTES cast in the County/City of VIRGINIA BEACH Virginia,
for Electors for President and Vice President of the United States at the Noven2ber 3, 1992 General Election.
THE TABULAIION FOR EACH ELECROR @ IN TEIIS ELEC17ON IS AS FIOLL40WS:
Democratic Party for Electors for BiH Clinton, President and Al Gore, Vice President
@ C. Aye@ C@l U. Eggleown Franklin Jay -F X' Pepper James AL Scott
Henry E. HoweU, Jr. B. L. "Bob" Johnson Rhea F. Moore, Jr. Aubrey C. Sunivan
JeffTey E. @lso J@es B. WalthaU Rayxnond B. Everett S= S. W@
Leo P. "Buddy" S@, Jr.
Total Votes Received 44,294
(in fig-e.)
Repub]Li@ Party for Electors for George Bush, President and Dan Quayle, Vice President
PhyRis L Allen S@uel L Ranwn Belden Hm BeR Bar)>oura G. Raeoly
Gary C. Byler FmnmB Vaughan @l@d V. Ray Han@k William Henry Hurd
Margaret BL Nexsen James C. Wheat M Steven D. Whitener Thomasina @ Jordan
ArmiA"d Jones
Total Votes Received 68,936
(in fig-)
ludependent for Electors for Lyndon ]EL LaPouche, Jr., President and James 1- Bevel, Vice President
i
L*mne Marabl@Safa@a Alton L. Corpening, Jr. EWs Wilb@ Jones, Jr. Deborah 1- Joy
Alain E. Lareau, Jr. Gerald H. Clark Lura F. Sexton Chri@e bL Ghandhi
Donnetter Lim Haigood @rge E. Holtzner Nancy B. Sp,@@aw Robert A- Robinson, Jr.
Loretta F. Chandler
Total Votes Received 148
(in @)
Independent for Electors for Lenora B. Fi,l-n,, President and Maria EUzal>eth Munoz, Vice President
John W. Young, Jr. E--a S. Burns Raymon(i W. Kerstetter Mary ERen Doran-Qume
Ern@e W. Payton Roger Y. Hammack Ronald RusseU Hurt Lua Boone-Nwajel
M"wet E. Ellis @ith N. Johnson, Sr. Emmitt Earl Metcher Rogenia Davis
Jerome A. Bass
Total Votes Received 115
(in
Independent for Electors for ]EL Ross Perot, President and James B. Stockdale, Vice President
Ruth J. Herrink Virginia Hall StaAey Kzi@ L. Pool @n K Overocker
Robert G. Hofheiiner, Jr. Donald AL Terp Norm@ K Cook Rebeom Z. Seely
Claude 1- Gilmer D. Friedlan David N. Hende@n Quentin R. Roos
James Wendell Bagley
Total Votes Received 24,087
(in fig-.)
continued on reverse side
County/City of VIRGINIA BEACH November 3, 1992 General Election
Electors for President and Vice President of the United Stater. Page 2 of 2
Libertaria32 Party for Electors for Andre Marrou, President and Nancy Lord, Vice President
Robert 14uds Stormer M Mchael L. Tabony Richard E. Sincere, Jr. John S. Buckley
Henry T. Thrasher David W. Garl@d Thomae Caceci David A. Horne
James B. Tuimey @rin Marc Monto. B@n F- Langhenry Paul E. Gagnon
Russell S. Walsh
Total Votes Received 205
(in fig-.)
We, theundersiVwdElectoral Board, upon examina@n of the official records deposited with the Clerk of the Circuit
Court of the election held on November 3, 1992, do hereby ce@ that the above is a true and correct Ab@act of Votes
cast at said election for Electors for President and Vice President of the United States.
Givenunderourhandsthis fifth dayofNou@1992.
A copy Chairmtzn
Vice Chairman
Secretary
Secre@, Electoral Board
ABSTRACT OF VOTES cast in the County/City of VIRGINIA BEACH
Virginia, at the November 3, 1992 General Election, for:
ER
HOUSE OF REPRESENTA S
2n,9 District
raw va-
N- f a. Pie-)
Owen B. Pickett 71,271
J- T.- ",Tim" ('hapman TV 60,882
Rlnir Aneip I
Clifford Hobsen Ashburner 1
Bateman I
Jeffrey Hornor Butts 1
Mandy B. Bynum 1
Gregory J. Daubner 1
Donald Duck 1
Bill Dunlap 1
if -dd)
we, the un4ders@d Electoral Board, upon examination of the official records deposited with the Clerk of the
Circuit Court of the election held on November 3, 1992, do hereby certify that the above is a @ and correct
Abstract of Votes cast at said election for Member of the House ofrepresentatives in the Congress of the UnWd
States.
Givenunderourhandsthis fifth day of No,, ber, 1 9
A copy teste:
Cha@n
Vice Chairman
Secretary
Se.:retay, Electral B.rd
MOMER, HOUSE OF REPRESENTATRVES November 3, 1992
2nd District General Election
County/City of VIRGINIA BEACH Page 2 of 4
T.(.d Vt-
N-..f a.
Andy Fox 3
Kenny Gatdula 1
Linda D. Gibson 1
Mary C. Grad I
John F. Grady 1
Paul Andrew Guljan 1
1
Dr. John Haglen 1
Porter Hardy 1
V. 0. Harkness, Jr. 1
Anita Hill 1
Thomas Jefferson I
Lancaster 1
Landcaster I
Thomas J. Love 1
Barbara Luna 1
Courtney McBath
Glenn McClanan
William D. D. McKenzie 2
Abstract Continuation Sheet
Member, House of Representatives 2nd District November 3, 1992
Office Title Election Date
General Election
County/City of Virginia Beach @ra w S@
Pa,ge 3 of 4
T.W Vt-
N- f a.
Michael Alan McKinzie 1
Sean McCone 1
James I. McCrae 1
William Mee 1
1
Perry L. Miles 1
Neither Candidate 1
Charles A. Nelson 1
Milton E. Nixon 1
None of The Above 2
Cori Paris 1
Michael Joseph Posta, III 1
John Ramsey 1
Rep. Nominee I
Axl Rose 1
Thomas H. Scott, III 1
William "Si" Simone 1
Abstract Continuation Sheet
Meffber, House of representatives 2nd District November 3, 1992
Office 'Etle Election Date
General Election
County/City of Virginia Beach Pnm=y, @r.1 w S@
Page 4 of 4
T@ va-
N- f a. Pig-)
Sisisky 2
Christian Slayer 1
-Albert Smith 1
Delo,Fes Swanson 1
Charles Thierr-y 1
1
-Tom P. Thorpe 1
Paul Tsongas 1
Carlee Ruth Vincent 1
-G. William Whitehurst 1
James J. Wilson 1
Stacy Young 1
ABSTIUCT OF VOTES cast in the County/City of VIRGINIA BEACH
Virginia, at the November 3, 1992 General Election, for:
ER
HOUSE OF RFPRESENTATIVES
4t-h District
T.W V"-
N- f a.
Norman Sisisky 1,766
A. J. "Tony" Zevgolis 1,504
Jirmny D. Humrich 1
John A. Uantz 1
None of the above 1
Owen' Pickett 1
Mark N- Sn@pr 9
if -d)
we, the undersigned Electoral Board, upon ezamination of the official records deposited with the Clerk of the
Circuit Court of @ election held on November 3, 1992, do hereby certify that the above is a &w and correct
Abstract of Votes cast at said election for Member of the House ofrepresentatives in the Congress of the United
States.
Given under our ha@ this fifth
A copy teste:
Chairman
Vice Chairman
Secretary
Secretary, Electoral Board
@STRACT OF VOTES cast in the C(>unty/City of VIRGINIA BEACH
Virginia, at the November 3, 1992 Special Election, for:
PROPOSED CONSTR=IONAL MEM
QLTES'MON: Shall the Constitution of Virginia be amended to create a
Revenue Stabilization Fund? The Fund woiad accumulate money in years
when revenues grow at above-average rates and could be appropriated in years
when revenues faU short of forecasts.
T.t.d Vt-
a.
YES 90,674
NO 39,287
we, the undersigned Electoral Board, upon e=mination of the official records deposited with
the Clerk of the Circuit Court of the election held on November 3, 1992, do hereby certify that
the above is a true and correct Abstract of Votes cast at said election for and against the
proposed constitutional amendment.
Givenunderourhandsthis fifth day of November, 1992.
A copy t@te:
Chairm4an
Vice Chairman
Secr-etary
S,,.tayElctoralBoard
PROPOSED BOND ISSUES November 3, 1992
Special Election
County/City of VIRGINIA BEACH Page 2 of 2
QUESTION 3: Shall Chapters 894 and 896, Acts of the General Assembly
of 1992, authorizing the issuance of general obligation bonds of the
Commonwealth of Virginia in the maximum amount of $472,406,000
pursuant to Article X, Section 9 (b) of the Constitution of Virginia for
capital projects for EDUCATIONAL INSTITUTIONS, take effect?
YES 100, 118
NO 29,541
We, the undersigned Electoral Board, upon examination ofthe official records deposited with
the Clerk of the Circuit Court of the election held on November 3, 1992, do hereby certify tha@'
the above is a true and correct Abstract of Votes cast at said election for and against t;ti,,
proposed bond issues.
Given under our hands this fifth day of November, 1992.
A copy teste.
Chair7nan
Vice Chair7nan
Secretary
Secretary, Electoral Board
@S@CT OF VOTES cast in the County/City of VIRGINIA BEACH
Virginia, at the November 3, 1992 Special Election, for:
PROPOSED BOND ISSUES
QLTESTION 1: SHAE Chapters 781 and 789, Acts of the General Assembly of
1992, authorizing the issuance of general obligation bonds of the
Commonwealth of Virginia in the mqximiim amount of $95,365,000 pursuant
to Article X, Section 9 (b) of the ConstitLition of Virginia for capital projects for
PARK AND RECREATIONAL FACILJTFES, take effect?
T.W V@
a. Pig-)
yES- 92,381
No 37,020
QLTESTION 2: Shall Chapters 849 and 892, Acts of the General Assembly
of 1992, authorizing the issuance of general obligation bonds of the
Commonwealth of Virginia in the maximiim amount of $45,173,000
pursuant to Axticle X, Section 9 (b) of the Constitution of Virginia for
capital projects for MENTAL TH FACILITIES, take effect?
T." Vt-
(Z.
YES 85,648
NO 38,923
[continued on reverse side]
ABSTRACT OF VOTES cast in the ICtyof Virginia Beach , Virginia,
at the special election held on November 3 19 2@, on the following question or proposition:
PARI-MUTUEL RACING
QUESTION: ShaR pari-mutuel wagering be permitted in the
City of Virginia Beach at a licensed racetrack in accordance
with Chapter 29 (59.1-364 et seq.) of Title 59.1 of the Code of
Virginia?
Totw Vota
R=6@ed
FOR (Yes) 83,502
AGAINST(No) 49,401
We, the undersigned Electoral Board, upon examination of the offcial records deposited with the Clerk of the Circuit
Court of the eiection on November 3 , 19 92 , do hereby certify that the above is a tnte and correct
Abstract of Votes cast at said election for and against the question or proposition set forth above.
Given under our hands this fifth 9@.
A copy teste.- - Chairman
Vice Chairman
Secretary
S.,etay, Elect@ral Brd
ABSTRACTOFYOTEScastintheC*"@ICityof Virginia Beach Yirginia,
at the @ial ekction held on November 3 19 C)? , on the following question or proposition:
OFFrRACK PARI-MUTUEL WAGERING
QUESTION: ShaU pari-mutuel wagering be pem-dtted in the
City of Virginia Beach at satellite facilities in accordance with
Chapter 29 (59.1-364 et seq.) of Title 59.1 of the Code of
Virginia?
Total Votm
Rccei@ed
(I. Fg.-)
FOR (Yes) 70,398
AGAINST(No) 58,915
We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit
Court of the election on November 3 '1992 doherebycertifythattheaboveisatrueandcorrect
AbstractofYotescastatsaidelectionforandagainstthequestionorpropositionsetforthabove.
Given under our hands this fifth 92
A copy reste.-
Vice Chairman
Secretaty
Secretary, Electoral Board
- 39 -
NEWBUSINESS ITEM # 36219
BY CONSENSUS, City Council SCIIEDUIED:
PUBLIC HEARING
SCHOOL BOARD INTER"EW APPLICANTS
TUESDAY, DECEMBER 8,1992
9:OO A.M.
November 10, 1992
- 40 -
NEW BUSINESS ITEM # 36220
ADD-ON
Councilman Moss advised receipt of mail from the Chat,,ber of Cotnmerce and phone calls fi-om citlens
eluding to other members of Council relative to dues check off. Councilinan Moss wished this item be
added to a future City Council Agenda.
November 10, 1992
- 41 -
Item IV-M.3.
NEW BUSINESS ITEM # 36221
ADD-ON
Council Lady Parker referenced the issue relative Borrow Pits iii the southern part of the City. Apparently
Barbara Howe has advised a study is being perf()rmed, at tio cost to the City, concerning the potential
impact of borrow pits.
Councilman Baum advised the Back Bay Restoratioti Society held a Ilublic Ilearing at the Kemspville
Library several months ago on this subject.
November 10, 1992
42 -
e
ADJOURNMENT
ITEM # 36222
UP- -OtiOn by Councilman Baum and BY CONSEN,5US, CitY Council ADJOURNED at 4:10 P.M.
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
- - --= ------ ------------------------
Ruth Hodges Smith, CMCIA4E Meyera E. Oberndorf
City Clerk Mayor
CitY of Virginia Beach
Tlirginia
November 10, 1992