HomeMy WebLinkAboutJUNE 11, 1990 MINUTES
"WORLD'S LARGEST RESORT CITY"
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JUNE 11, 1990
ITEM 1. COUNCIL CONFERENCE SESSION - Conference Rocxn - 12:30 PM
A. TIDEWATER REGIONAL GROUP HOME COMMISSION
S. CLEAN COMMUNITY COMMISSION
ITEM 11. CITY COUNCIL CONCERNS - Conference Room - 1:00 PM
ITEM 111. INFORMAL SESSION - Conference Room - 1:30 PM@
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
@. MOTION TO RECESS INTO EXECUTIVE SESSION
ITEM IV. FORMAL SESSION - Counc I I Chamber - 2: 00 PM
A. INVOCATION: Captain Frank Mintjal, Chaplain
Oceana Naval Air Station
B. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
C. ELECTRONIC ROLL CALL OF CITY COUNCIL
D. CERTIFICATION OF EXECUTIVE SESSION
E. MINUTES
1. INFORMAL & FORMAL SESSIONS - June 4, 1990
F. PRESENTATION
1. LABOR DAY COMMUNITY COORDINATION COMMITTEE
Andrew S. Fine, Co-Chair
Dr. Harrison B. Wilson, Co-Chair
G. RESOLUTION
1. Resolution authorizing the bidding and construction of Segment One
of the Lake Gaston Project; and, authorizing the City Manager to
negotiate the contract with Maguire Associates and complete the
necessary institutional, regulatory and legal requirements.
H. PUBLIC HEARING:
1. FEE INCREASES:
Site Plans, Subdivision Variances, Subdivision Plats,
Changes Of Zoning, Conditional Use Permits and Zoning Variances
1. PUBLIC HEARING:
1. PLANNING
a. Application of MAYFLOWER SEASIDE TOWER ASSOCIATES for a
Condltional Use Permit for a recreational facility of an
outdoor nature (miniature golf) at the Northeast corner of
Pacific Avenue and 34th Street (204 34th Street), containing.
1.767 acres (VIRGINIA BEACH BOROUGH).
Recommendation: APPROVAL
b. Application of BOOTH HILL CENTER VENTURE for a Conditional Use
Permit for acommercial recreation center of a
( 00' hall) o
West.rn tr.1
Boulevard), c General Booth
UGH).
DEFERRI,"j) May 29, 1990
Recommendation: APPROVAL
C. 1. Petition for discontinuance, closure and abandonment
(VIRGINIA BEACH OROUGH)-
B & 0 DEVELOPMENT CORPORATION:
A portion of 26th Street beginning 130 feet more or less
West of Cypress Avenue and running Westerly a distance of
300 feet more or less, being 60 feet in width and
containing 12,753 square feet.
2. Applications for Conditional Zoning Classifications
(VIRGINIA BEACH BOROUGH):
B & 0 DEVELOPMENT CORPORATION and MAXWELL D. SANDERS:
R-5D Residential District to A-12 Apartment District on the
North side of 6th Street, West of Cypress Avenue (705 26th
Street and part of Lot 1), containing 33,541 square feet;
AND,
SUNSHINE DEVELOPMENT ASSOCIATES:
R-5S Residential Single Family District to A-12 Apartment
District on the South side of 26th Street, West of Cypress
Avenue (7b8 26th Street), containing 33,541 square feet.
DEFERRED May 14, 1990
Recommendation: APPROVAL
d. Application of BUFFALO NORFOLK ASSOCIATES for a Condltional Use
Permit for an automobile repair establishment ( nstallation of
ires) on the North side ot Virginia Beach Boulevard 1050 feet
more or less East of Caren Drive, containing' 10 acres
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAF.
e. Application of GOODMAN-SEGAR-HOGAN for a Conditional Use Permit
for an open space promotion on the East side of Indian River
Road, 250 feet South of Elbow Road, containing 167 acres
(I<EMPSVILLE BOROUGH).
Recommendation: APPROVAL
f. Application of PRINCESSBORO DEVELOPMENT CORPORATION for a
Cha
Dls sslfl from AG-2 Aaricultural
Prii he Est sid. o;
the intersection .20 feet South of
containing 1.1 acr Sandbridge Road,
Recommendation: APPROVAL
9. Ordinance to AMEND and REORDAIN Article 5, Section 504 of the
City Zoning Ordinance re sign regulations In resldential zoning
districts.
DEFERRED May 29, 1990
Recommendation: APPROVAL
h. AMEND and REORI)AIN: Ordinance Number 486 of the Site Plan
Ordlnance by AMENDING Section 5A re parking lot landscaping and
ADDING foundation landscaping;
AND,
AMEND and READOPT: Resolution - Parking Lot Landscaping
SPecifications and Standards of the City of Virginia Beach,
Virginia.
ordinance to AMEND and REORDAIN: City Code by ADDING
Appendix E to establish regulations and requirements for tree
planting, preservation and replacement on residential lots and
along residential streets for new subdivisions;
AND,
Resolution to ADOPT specifications and standards applicable to
the residential tree planting, preservation and replacement
ordinance.
j. ordinance to AMEND and REORDAIN: Article 2, Section 203 of the
City Zoning Ordinance re off-street parking requirements and
reduced parking stall lengths.
k. Ordinances to AMEND and REORDAIN Article 5, Section 502 and
Article 6, Section 602 of the City Zoning Ordinance re
parking regulations In townhouse development.
1. ordinances to AMEND and REORDAIN the Subdivision Ordinance:
1. Section 4.1(m): Right-of-way and pavement widths
2. Section 5.5: Requirements for curbs, gutters, storm
sewers and drainage
m. ordinances to AMEND and REORDAIN the City Zonlng Ordinance:
1. Article 2, Section 232(b): Speclal requirements for
communication towers
2. Article 15, Sections 1500, 1501, 1502, 1503, 1504, 1505,
1506 and 1507: RT-1 Resort Tourist District
n. Ordinance to AMEND and REORDAIN:
1. SITE PLAN:
A. Section 3.2 of the Site Plan Ordinance of the City of
Virginia Beach, Virginia, re fees for slte plan
review.
2. SUBDIVISION ORDINANCE:
A. Section 8.1: Subdivision plat fees
B. Section 8.3: Subdivislon variance fees
3. CITY ZONING ORDINANCE:
A. Section 106: Fees for applications to the Board of
Zoning Appeals
B. Section 107(g): Fees for zoning amendments
C. Section 221(b): Fees for conditional use permit
applications
o. SITE PLAN ORDINANCE: Development review fees based on
Consumer Price Index
Recommendation: APPROVAL FOR ALL ORDINANCES
J. RESOLUTIONS/ORDINANCES
1 Resolution authorizing the City Manager to negotiate and develop
appropriate agreements with the Virginia Beach Foundation re
acquisition of de Witt Cottage;
AND,
Ordinance to TRANSFER $100,000 from Reserve for Contingencies for
the first year annuity and routine maintenance expenses.
2. Ordinance (as revised), upon SECOND READING, to ACCEPT and
APPROPRIATE $338,700 from a Federal Alcohol and Drug Abuse Block
Grant Award for Mental Health/Mental Retardation/Substance Abuse
Department re alcohol and drug treatment services.
K. UNFINISHED BUSINESS
L. NEW BUSINESS
M. ADJOURNMENT
PUBLIC I-REARING
July 2, 1990
9:00 AM
Virginia Beach School Board Appointment
Unexpired (AT LARGE) Term Ending December 31, 1990
6/7/90 gs
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virglnla Beacli, Virginia
June 11, 1990
The CLEAN COMMUNITY COMMISSION BRIEFING was called to order by Mayor Meyera E.
Oberndorf in the Conference Room, City Hall Building, on Monday, June 11, 1990,
at 1:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyere E. Oberndorf
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent:
None
- 2 -
CLEAN COMMUNITY COMMISSION
1:00 P.M.
ITEM # 32942
Maurice Jackson, Chairman introduced Ruby Arredondo, Coordinator - VIRGINIA
BEACH CLEAN COMMUNITY COMISSION and advised the VBCCC is a Mayor-appointed
Committee formed to undertake the task of working toward a cleaner, more
attractive City through litter prevention, recycling and educational programs.
The VBCCC is composed of a full-time, paid Coordinator plus volunteers
representing various sectors of the community. The VBCCC has a number of
ongoing programs to educate citizens and school children. The VBCCC is composed
of seven committees:
FINANCE
COMMUNITY ORGANIZATION
EDUCATION COMMITREE
GOVERNMENT AGENCY'S COMMITTEE
PUBLIC RELATIONS COMMITTEE
RECYCLING COMMITTEE
SPECIAL EVENTS COMMITTEE
The appropriations for the 1989 Fiscal Year was $56,855.00. Expenditures were
$56,392.00 or 99% of the allotted budget. It is estimated in 1986, there were
794 Volunteers expending approximatbly 3,868 hours. If said volunteers had been
paid, this would amount to $29,997.00. In Fiscal Year 1988-89, the CLEAN
COMMUNITY COMMISSION received a State Grant in the amount of $20,105.00. This
represented 36% of the total program cost with the City providing the
additional $36,000.
The COMMUNITY ORGANIZATION C"ITTEE endeavors to enlist community
organizations i.e, Civic Clubs to assist in Clean Community efforts. This was
particularly apparent on Earth Day, April 22, 1990. Approximately 10,000 to
15,000 individuals appeared on Mount Trashmore to participate in this event.
Clean the Bay Day was held Saturday, June 9, 1990, to clean the litter and
trash from around the lower part of Chesapeake Bay. 65 tons of Trash were
picked up, 14.6 of which were picked up in Virginia Beach.
The EDUCATION COMITREE endeavors to instill environmentalism in the Schools
and arranges for Summer interns. Mr. Jackson distributed resources utilized by
the EDUCATION COMMITREE: Auto Litter Bags, Litter Post Cards and a pamphlet
citing the Community Service Projects If a person is observed throwing
something out the window, the License Tag Number is noted on the post card, the
date, time and location of the incident. This is followed by a nice letter to
the violator.
The GOVERNMENT AGENCY'S COMMISSION endeavors to encourage the cooperation of
the Government Agencies in the efforts of the VBCCC.
The PUBLIC REIATIONS COMMITREE endeavors to educate the public on the
importance of litter control. News Releases are published periodically on the
Clean Community endeavor.
The RECYCLING COMMITREE has a plan involving a single drop-off point. SPSA has
a curbside recycling plan being discussed and debated. The location for
Recycling Saturday was moved on October 21, 1989, from Lynnhaven Mall to
Pembroke Mall, a more central location. 19.9 tons of trash were received. On
January 6, 1990, 15.12 tons were received. On the last Recycling Saturday,
April 21, 1990, 35 tons of trash were received.
The SPECIAL EVENTS COMMITTEE entails presentations to Civic Clubs, Parades,
Exhibits at Carnivals, and the attendance of the litter critters at Schools.
The VBCCC has bimonthly meetings. In December 1989, Maurice Jackson, Chairman
and Ruby Arredondo, Coordinator, attended the KEEP AMERICAN BEAUTIFUL
CONFERENCE in Washington, D.C. At the KEEP VIRGINIA BEAUTIFUL CONFERENCE in
Richmond, the CLEAN COMMUNITY COMMISSION received a State award for merit.
April 1990 was PROCLAIMED Clean Community Awareness Month by Mayor Oberndorf
with a kick-off ceremony at City Hall.
- 3 -
CLEAN COMM[JNITY COMMISSION
ITEM # 32942 (Continued)
1:00 P.M.
Mayor Oberndorf advised the officials who attended the Energy, Envirorment and
Natural Resources Committee Meeting (June 7 - 9) in Virginia Beach remarked
they had never a seen a City as clean and well cared for as Virginia Beach.
Mayor Obeundorf escorted the group from Munden Point Park, North Landing
River/Back Bay and through Kemspville over to Bayside and all the way around
the perimeter. They were awed by the cleanliness and the greenness of the City
as well as its size.
- 4 -
C IT Y CO UN C I L CON C E R N S
1:25 P.M.
ITEM # 32943
Councilman Baum referenced the land use values and the mistakes in connection
with same. There is a need for a system that is reliable rather than
theoretical. The State Land Evaluation Advisory Council is the State agency
created to prepare suggested land use values each year for jurisdictions which
have adopted land use taxation. The State Land Evaluation Advisory Council is
using their composite for the five years at $107 net return per acre. The SLEAC
had been utilizing the figure of $123 net return per acre, but realized the
mistake and reduced same to $107.
Gerald Banagan, Real Estate Assessor, advised values have increased greatly
statewide for the upcoming FY 1991. In Virginia Beach the increase is 79%,
however, FY 1990 was the lowest values the City had in the 1980's. Mr. Banagan
advised he would work with Councilman Baum in determining values based on cash
rents, but requested the opinion of City Council as whether they wished him to
deviate from the SLEAC suggested land use values. The values are determined by
J. Paxton Marshall, Extension Economist for Public Policy at VPI. The values
are based on three components:
1987 Census of Agriculture Data was substituted for
the previously used 1982 Census of Agriculture
data.
Five year running average of prices and yields of
farm production data. This data had included 1983,
which was a particularly poor year. This was
deleted and 1988 was added.
Increases in Federal Government supplement
payments.
Mayor Oberndorf advised during the Breakfast Session with the General Assembly,
at 7:30 A.M. this morning, June 11, 1990, Delegate McClanan referenced he would
investigate this matter.
ITEM # 32944
Councilwoman Henley referenced the SUGAR PLUM BAKERY has submitted the Bakery's
business plan and completion of the Community Organization Incentive Grant
application to the City.
Councilman Sessoms advised he would be meeting with Carl H. Marshall on
Tuesday, June 12, 1990.
The City Manager will advise relative this matter.
ITEM # 32945
Councilwoman Henley referenced Councilman Baum's request of June Fourth for
the Planning Director to provide a map and brief description depicting
properties in Sandbridge appearing overzoned. Councilwoman Henley believed the
map provided earlier, relative the questions of sewers in Sandbridge, depicted
the amount of acreage and would be a preferable map.
- 5 -
C IT Y CO UN C I L CON C E R N S
ITEM # 32946
Councilwoman Henley further referenced the new Wetlands regulations and the
uncertainty when an application comes before City Council for a Rezoning or
Conditional Use Permit whether or not the property would be buildable.
Councilwoman Henley referenced the series of newspaper articles on the Wetlands
issue in May. Because of prominence of non-tidal wetlands, builders of large
scale developments are being urged by City Planners in Suffolk and Chesapeake
to submit environmental reviews as part of their rezoning applications.
Builders in some cases will have to provide proof that they have requested
Federal agencies to inspect their sites for Wetlands. Councilwoman Henley hoped
Virginia Beach would also consider this policy.
Councilman Baum advised the Policies of the Environmental Protection Agency
were not clear.
Vice Mayor Fentress referenced the applications for Conditional Zoning
Classifications (VIRGINIA BEACH BOROUGH): B & 0 DEVELO@CORPORATION and
MAXWEIL D. SANDERS: R-5D Residential District to A-12 Apartment District on the
North side of 26th Street, West of Cypress Avenue (705 26th Street and part of
Lot 1), containing 33,541 square feet; AND, SUNSHINE DEVELOPMENT ASSOCIATES:
R-5S Residential Single Family District to A-12 Apartment District on the South
side of 26th Street, West of Cypress Avenue (708 26th Street), containing
33,541 square feet. (See Item I.l.c of the PLANNING Agenda). This applicant
contacted Vice Mayor Fentess to request INDEFINITE DEFERRAL, as they were still
working with the Army Corps of Engineers, the City and the EPA to determine if
the application was in compliance with EPA regulations.
ITEM # 32947
Councilman Moss referenced the City Assessor's letter of June 7, 1990, relative
Commercial Assessments at the Oceanfront. Mr. Banagan advised the additional
information requested by Councilman Moss would be provided this afternoon, June
11, 1990.
ITEM # 32948
Vice Mayor Fentress referenced numerous letters received from the Hampton Rods
Chamber of Commerce, Business Community, Hotel and Motel Association relative
the Landscaping Ordinances. Vice Mayor Fentress requested Robert Scott,
Director of Planning provide alternative versions of some of these ordinances.
The Vice Mayor distributed these Amendments.
ITEM # 32949
Councilwoman McClanan advised on June 4, 1990, City Council ADOPTED a
Resolution supporting legislation re real and personal property owned by
American Guild for Infant Survival, Inc. being exempt from state and local
taxation. On Sunday, June 10, 1990, in the Richmond newspaper, the Division of
Consumer Affairs issued a Press Release advising certain organization's
contributions may be used for non-charitable purposes. American Guild was among
one of the five listed.
ITEM # 32950
Councilman Perry referenced the LOW BID APPROVED on June 4, 1990 to: ORION
ASSOCIATES, INC. for Gracetown Area Street Improvements (Underground
Stormwater) (CIP 2-946) in the amount of $580,500.
The City Manager advised these improvements will be completed.
- 6 -
ITEM # 32951
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order by
Mayor Meyera E. Oberndorf in the Conference Room, City Hal I Bul lding, on
Monday, June 11, 1990, at 1:50 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and Wi I 1 iam D.
Sessoms, Jr.
Council Members Absent:
None
- 7 -
ITEM # 32952
Mayor Meyera E. Oberndorf entertained a motion to permit City Counci I to
conduct Its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of
Virginia, as amended, for the following purposes:
1. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose pursuant to Section
2.1-344(A) (3). (1) To Wit: Acquisition of Property - Little Neck Fire
Station Site; and Southeastern Expressway - Property of Beller Subdivision
Submittal.
Upon motion by Councilman Baum, seconded by Councilman Sessoms, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 8 -
VIRGINIA BEACH CITY COUNCIL
June 11, 1990
2:00 P.M.
Mayor Meyera E. Oberndorf cal led to order the FORMAL SESSION of the VIRGINIA
BEACH CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, June
11, 1990, at 2:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Absent;
None
INVOCATION: Captain Frank Mintjal, Chaplain
Oceana Naval Air Station
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
9
Item V-D.I.
CERTIFICATION OF
EXECUTIVE SESSION ITEM 32953
Upon motion by Counc i I man Sessoms, seconded by Counci l woman Parker, City
Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
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,
Only such public business matters as were
identified in the motions convening the Executive
Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Mernbers Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E. Oberndorf,
Nancy K. Parker, John L. Perry and William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHERF,AS: The Virginia Beach City Council convened into EXECUTIVE
SESSION, pursuant to the affirmative vote recorded in ITEM # 32952,
Page No. 7 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, THEREF'ORE, BE IT RESOLVED: That the Virginia Beach City
Council hereby certifies that, to the best of each member's knowledge,
(a) only public business @atters 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.
RjAh Hodges Sinith, CMC/AAE
City Clerk June 11, 1990
- 10 -
Item V-E. 1.
MINUTES ITEM # 32954
Upon motion by Counci lwoman McClanan, seconded by Vice Mayor Fentress, City
Council APPROVED the Minutes of INFORMAL AND FORMAL SESSIONS of June 11, 1990,
as CORRECTED:
ITEM 1 32907, PAGE 2, COUNCIL CONFERENCE SESSION
TIDEWATER COMMUNITY COLLEGE BOARD
The Budget of the Tidewater Community College Beach
Campus was incorrectly stated as $12,978.35 rather
than $12,978,035.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
item V-F.1
PRESENTATION ITEM 32955
LABOR DAY COMMUNITY COORDINATION COMMITTEE
Dr. Harrison B. Wilson, Co-Chair of the LABOR DAY COMMUNITY COORDINATION
COMMITTEE, Introduced Attorney William Harrison, Co-Chair of the PRIVATE SECTOR
COMMITTEE and James Capps and Kal Kassir, Co-Chairs of the LOGISTICS
SUBCOMMITTEE.
Attorney Wil liam Harrison, Co-Chair of the PRIVATE SECTOR COMMITTEE, advised
approximately $50,000 has been raised toward a goal of $100,000. The goal was
divided into three segments: one-third from beachfront merchants, one-third
form Individuals and other businesses and one-third fr(>m regional and national
support. Of that $50,000 In cash and pledges, approximately $18,000 is from
beachfront merchants. Attorney Harrison expressed appreciation to Councilman
Balko for his gift. Attorney Harrison expressed a need tor Individual
contributions and urged these checks be sent to:
Attention: Pat Richardson
Virginia Beach Foundation
Post Office Box 4629
Virginia Beach, Virginia 23454
These contributions are tax-deductible. Everyone in Virginia Beach needs to be
a part of this endeavor. Mayor Oberndorf expressed appreciation for the
commitment.
James Capps and Kal Kassir, Co-Chairs of the LOGISTICS SUBCOMMITTEE, presented
the trafflc circulation plan for the Resort Area for LABORFEST 1990. The plan
would be to close Atlantic Avenue trom the loop al I the way north to Forty-
Second street to vehicular traff ic. This would be from 7:00 P.M. on Friday
n ight, August Th I rty-f I rst to 6:00 A.M. on Tuesday morn 1 ng , September Fourth.
The p I an a I so I imi ts or control s veh I cu I ar traf f ic f rom Ninth Street a I I the
way north to Thirty-first Street on Pacific Avenue. The section indicated in
red on the traffic plan through the residential section begins at Laskin Road
and comes west back to Holly Road and Baltic Avenue going down all the way back
up to Ninth Street, which would be closed to vehicular traffic except for
those individuals who receive passes (residents of the surrounding areas).
There will be check points at strategic locations. Registered guest of a hotel
arriving in town would receive a pass and would come in through Twenty-first
Street, diverted along Pacific Avenue to the necessary access point where they
would then be diverted to Atlantic Avenue to arrive at the hotel parking
facilities. Once at the hotel, the passes would be retrieved. These access
points would be-. Thirty-fifth Street, Thirty-first Street, Seventeenth Street,
Nineteen Street and, of course, Ninth Street. The Individuals arriving at the
beachfront without a pass or hotel reservation wi I I be diverted back to the
Satellite Parking Lots and transportation would be provided to transport them
to the various activities. These passes will contain the City Seal, which will
make them very difticult to duplicate. Norfolk Avenue will remain completely
open. Three parking areas have been identified: The Hotels (capacity of 8,000
automoblles), Oceana Naval Air Station Property off Potters Road (capacity of
6,500 automobiles) and the Industrial Authority Property across from the
Lillian Vernon facility. There wfll be separate buses going to each event.
Mayor Oberndorf again referenced the request to receive a report of the direct
donations to the LABORFEST plus the inkind donations made to other festive
events, i.e, Neptune Festival, Strawberry Festival.
- 12 -
V-G. 1.
RESOLUTION ITEM # 32956
Clarence Warnstaff, Director of Public Works, introduced Thomas Leahy, Water
Resources Manager in Public Utilities and the Lake Gaston Project Manager. The
Lake Gaston Project was selected by the City in 1982 as the best solution to
the water shortage in this area. Since 1982, Mr . Leahy and Members of the
Utility Staff have continued to evaluate water supply alternatives. Today,
eight years later, the Lake Gaston Project still remains the best solution to
the water problem that plagues our City in Sottheastern Virginia. The City has
been pursuing full implementation of the project necessary and required
preconstruction activities have been undergoing in five broad categories:
(1) Resolve the litigation surrounding the Project.
(2) Engineering Design
(3) Dealing with the local consent process.
(4) Pursuing acquisition of right-of-way.
(5) Financing - Estimated Cost in excess of $200-
MILLION.
Recognizing the work ongoing since 1982, the City is now ready to proceed with
construction. Without question, there is an absolute need for additional water
in Southeastern Virginia and for Virginia Beach. The total demand on the
Norfolk System greatly exceeds its capacity to meet water demands during a
critical drought.
Since the construction permit was granted to Virginia Beach in January 1984,
there have been six law suits initiated. Two of those law suits were initiated
in Federal Court and four in State Court. Of those six law suits, Virginia
Beach has prevailed in four cases. There are two remaining in the Court in
which the suits were originally filed. Of those four cases won by Virginia
Beach, two have been appealed. The one case receiving the most attention and
focus has been the Federal Permit litigation, which was initiated in 1984.
Earlier this year in February, the Federal District Court in Raleigh, North
Carolina, ruled in favor of the Army Corps of Engineers and Virginia Beach and
upheld the permit granted six years ago. The Second Federal lawsuit was
initiated by the City of Virginia Beach as a class action suit against riparian
owners in North Carolina. This law suit was held in abeyance pending the
outcome of the Federal Permit litigation. Just recently the Federal Court has
released this stay. This case can now proceed in Federal Court. The Third case
involves the financing of the project. In January 1986, the City implemented
new water connection charges (water resource recovery fee). This case was
litigated and the City received a positive decision from the Circuit Court and
that case has now been appealed to the Virginia Supreme Court. The fourth case
involved the County of Mechlenberg which initiated asuit against Virginia
Beach claiming local consent needed to be obtained for Virginia Beach to
contract with the United States Government for the use of storage capacity in
Karr Reservoir. This case is pending and has not been heard. There was a
property acquisition suit litigated and Virginia Beach won. There was
litigation between the City and Brunswick County involving local consent. A
settlement with Brunswick County was negotiated last year.
The City has reached agreement to acquire all the necessary land to construct
the Pump Station at Lake Gaston and the first seventy-six miles of the
Pipeline. The Engineering Design is virtually complete. The initial
construction contracts are ready to bid. Over the next eighteen to twenty
months, the Staff will present eleven construction contracts for the Pump
Station in the first 76 miles. Within the next 60 to 90 days, the first
contract will be presented to the City Council. This contract will cover a
portion of the pipeline route that pertains to crossing rivers and streams. All
six jurisdictions for the first 76 miles have granted local consent pursuant to
provisions in State Law.
As part of the Construction Management Program, McGuire and Associates will be
the principal consulting firm, but there are three other firms with principal
responsibilities: Malcolm Pirney, Parsons - Brinkerhoff and Buck, Siebert and
Jost.
- 13 -
V-G. 1.
REsOLUTION ITEM # 32956 (Continued)
Upon motion by Councilwoman Henley, seconded by Councilman Balko, City Council
ADOPTED:
Resolution authorizing the bidding and construction
of Segment One of the Lake Gaston Project; and,
authorizing the City Manager to negotiate the
contract with Maguire Associates and complete the
necessary institutional, regulatory and legal
requirements.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker and William D. Sessoms,
Jr.
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry
RESOLUTION AUTHORIZING THE BIDDING AND CONSTRUCTION
OF SEGMENT ONE OF THE LAKE GASTON PROJECT
WHEREAS, on February 2, 1990, the Federal District Court
for the Eastern District of North Carolina did affirm and validate
the U.S. Army Corps of Engineers' permit for the Lake Gaston
Project issued to the City of Virginia Beach; and,
WHEREAS, all six jurisdictions through which the pipeline
project will pass in Segment One have granted the necessary local
consents pursuant to S 15.1-456 and S 15.1-875 of the Code of
Virginia; and,
WHEREAS, the necessary engineering, plans, and
specifications necessary to initiate the bidding and construction
process have been prepared for Segment One; and,
WHEREAS, the City has acquired the necessary right-of-
way and easements to begin construction in Segment One; and,
WHEREAS, in November 1988, the citizens of the City of
Virginia Beach did overwhelmingly approve a $200,000,000 bond
referendum to finance the project; and,
WHEREAS, in January 1986, the City enacted a Water
Resources Recovery Fee to assist with the financing of the project;
and,
WHEREAS, existing and ever increasing water deinands on
the Norfolk Water Systein exceed the safe yield of the water systeill
without the emergency wells and will shortly exceed the safe yield
of the water system even with the emergency wells; and therefore,
requires that construction of this desperately needed public water
supply project begin imniediately.
NOW THEREFORE, BE IT HEREBY RESOLVED: That the City
Manager and his staff are authorized to initiate the bidding and
construction of Segment One of the Lake Gaston Project pursuant to
City ordinances, policies, regulations, and procedures for the
bidding, awarding, and construction of utility projects.
That the City Manager is authorized to negotiate and
execute a contract with Maguire Associates, the engineering firm
of record for the project, to provide construction management,
administration, and inspection services.
That the City Manager and his staff are authorized to
continue to complete the necessary institutional, regulatory and
legal requirements pursuant to construction of the project.
That the City Attorney, in cooperation with the City
Manager and his staff, is authorized to continue to defend all
legal challenges to construction and/or implementation of the
project.
This resolution shall be in effect from the date of its
adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia on the 11 day of June 1 1990.
- 14 -
V-H. 1.
PUBLIC HEARING ITEM # 32957
Mayor Oberndorf DECLARED a PUBLIC HEARING:
FEE INCREASES
Site Plans, Subdivision Variances, Subdivision Plats, Changes of Zoning,
Conditional Use Permits and Zoning Variances
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, represented TBA and presented a
copy of a letter to Ms. Patricia Phillips, Director - Office of Research and
Strategic Analysis, dated April 13, 1990 - in support of the application. Said
letter is hereby made a part of the record.
There being no further speakers, Mayor Oberndorf CLOSED the PUBLIC HEARING.
1 5
Item V-J.l.
PUBLIC HEARING
PLANNING ITEM # 32958
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
(a) MAYFLOWER SEASIDE TOWER ASSOCIATES CONDITIONAL USE PERMIT
(b) BOOTH HILL CENTER VENTURE CONDITIONAL USE PERMIT
(c) B & 0 DEVELOPMENT CORPORATION STREET CLOSURE
B & 0 DEVELOPMENT CORPORATION AND CONDITIONAL ZONING
MAXWELL D. SANDERS CLASSIFICATION
SUNSHINE DEVELOPMENT ASSOCIATES CONDITIONAL ZONING
CLASSIFICATION
(d) BUFFALO NORFOLK ASSOCIATES CONDITIONAL USE PERMIT
(e) GOODMAN-SEGAR-HOGAN CONDITIONAL USE PERMIT
(f) PRINCESSBORO DEVELOPMENT CORPORATION CHANGE OF ZONING
(g) AMEND Aticle 5, Section 504 CZO Sign Regulations/
Amend Residential Zoning
Districts
(h) AMEND and REORDAIN:Ordinance 486 Amending Section 5A re
of the Site Plan Ordinance parking lot landscaping /
ADDING foundation land-
scaping
AMEND and READOPT: Parking Lot Landscaping
Resolution Specifications and
Standards
(1) AMEND and REORDAIN: City Code requirements for tree
by ADDING Appendix E planting, preservation and
replacement on residential
streets for new subdi-
visions
Resolution to ADOPT specifications residential tree planting,
and standards preservation & replacement
(j) AMEND and REORDAIN: Art. 2, off-street parking re-
Sec. 203 CZO quirements & reduced
parking stall lengths
(k) AMEND and REORDAIN: Art. 5, parking regulations in
Sec. 502, Art. 6, Sec. 602 townhouse development
CZO
(1) AMEND and REORDAIN: Subdlvision Ordinance
Section 4.1(m) Right-of-way/pavement width
Section 5.5 curbs, gutters, storm
sewers and drainage
- 16 -
Item V-J.l.
PUBLIC HEARING
PLANNING ITEM 32958 (Continued)
(m) AMEND AND REORDAIN: CZO
Art. 2, Sec. 232(b) Special requirements
c(xnmunication towers
Art. 15, Sec. 1500, 1501, RT-1 Resort Tourist District
1502, 1503, 1504, 1505,
1506 and 1507
(n) AMEND and REORDAIN:
1. SITE PLAN
Sec. 3.2 Site Plan Ordinance Fees for Site Plan Review
2. SUBDIVISION ORDINANCE
Sec. 8.1 Subdivision Plat Fees
Sec. 8.3 Subdtvlsion Variance Fees
3. CITY ZONING ORDINANCE
Sec. 106 Fees for applications to the
Board of Zoning Appeals
Sec. 107(g) Fees for zoning amendments
Sec. 221(b) Fees for condltlonal use
permit applications
(o.) SITE PLAN ORDINANCE Development review fees
based on Consumer Price
Index.
- 17 -
Item V-1.1.a.
PUBLIC HEARING
PLANNING ITEM # 32959
Attorney Robert Cromwell, Pembroke one, Phone: 499-8971, represented the
applicant
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED an Ordinance upon application of MAYFLOWER SEASIDE TOWER
ASSOCIATES for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF MAYFLOWER SEASIDE
TOWER ASSOCIATES FOR A CONDITTONAL USE PERMIT FOR
RECREATIONAL FACILITY OF AN OUTDOOR NATURE
R06901305
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Mayflower Seaside
Tower Associates for a Conditional Use Permit for a
recreational facility of an outdoor nature
(minature golf) at the northeast corner of Pacific
Avenue and 34th Street. Said parcel is located at
204 34th Street and contains 1.767 acres. More
detailed information is available in the Department
of Planning. VIRGINIA BEACH BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of June, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 18 -
Item V-I.I.b.
PUBLIC HEARING
PLANNING ITEM # 32960
Councilwoman McClanan referenced her letter of June 7, 1990, to City Council
advising her discussion with Michael Resh, who is amendable to a two-year
condition on the use permit with no restrictions on the Use Permit. Said letter
is hereby made a part of the record.
Upon motion by Councilwoman McClanan, seconded by Councilman Sessoms, City
Council ADOPTED an Ordinance upon application of BOOTH HILL CENTER VENTURE for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BOOTH HILL CENTER
VENTURE FOR A CONDITIONAL USE PERMIT FOR A
COMMERCIAL RECREATION CENTER OF AN INDOOR NATURE
(pool hall) R06901306
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGTNIA BEACH, VIRGINIA
Ordinance upon application of Booth Hill Center
Venture for a Conditional Use Permit for a
commercial recreation center of an indoor nature
(pool hall) on the west side of General Booth
Boulevard at the western terminus of Dam Neck
Station Road. The parcel is located at 1485 General
Booth Boulevard and contains 8 acres. More detailed
information is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
The following condition shall be required:
1. Conditional Use Permit shall be for a period of two
(2) years.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of June, Nineteen Hundred and Ninety.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
June 11 1990
- 19 -
Item V-I.I.c-
PUBLIC HEARING
PLANNING ITEM # 32961
Joe Novak, 721 25th Street, Phone: 428-5565, registered in OPPOSITION and
distributed a map depicting a sewerage line between the Sunshine Development
property and his property. No easements have been dedicated to this sewerage
line. Mr. Novak requested all the necessary easements are dedicated before
approval of this project. Said map is hereby made a part of the record.
Vice Mayor Fentress advised Bruce Taylor, the applicant, had requested
INDEFINITE DEFERRAL as he is still working with the Army Corps of Engineers,
the City and the EPA to determine if the application is in compliance with EPA
regulations.
Upon motion by Vice Mayor Fentress, seconded by Councilwoman Parker, City
Council DEFERRED INDEFINITELY the petition of B & 0 DEVELOPMENT CORPORATION for
the discontinuance, closure and abandonment of a portion of 26th Street and
Conditional Zoning Classifications upon application of B & 0 DEVELOPMENT
OORPORATION AND MAXWELL D. SANDERS AND SUNSHINE DEVELOPMENT ASSOCIATES:
Application of B & 0 Development Corporation for
the discontinuance, closure and abandonment of a
portion of 26th Street beginning 130 feet more or
less west of Cypress Avenue and running westerly a
distance of 300 feet more or less. Said parcel is
60 feet in width and contains 12,753 square feet.
More detailed information is available in the
Department of Planning. VIRGINIA BEACH BOROUGH.
A N D,
ORDINANCE UPON APPLICATION OF B & 0 DEVELOPMENT
CORPORATION AND MAXWELL D. SANDERS FOR A
CONDITIONAL ZONTNG CLASSIFICATION FROM R-5D TO A-12
Ordinance upon application of B & 0 Development
Corporation and Maxwell D. Sanders for a
Conditional Zoning Classification from R-5D
Residential District to A-12 Apartment District on
the north side of 26th Street, west of Cypress
Avenue. Said parcel is located at 705 26th Street
and part of Lot I and contains 33,541 square feet.
More detailed information is available in the
Department of Planning. VIRGINIA BEACH BOROUGH
A N D,
ORDINANCE UPON APPLICATION OF SUNSHINE DEVELOPMENT
ASSOCIATES FOR A CONDITONAL ZONING CLASSIFICATION
FROM R-5S TO A-12
Ordinance upon application of Sunshine Development
Associates for a Conditional Zoning Classification
from R-5S Residential Single Family District to A-
12 Apartment District on the south side of 26th
Street, west of Cypress Avenue. Said parcel is
located at 708 26th Street and contains 33,541
square feet. More detailed information is available
in the Department of Planning. VIRGINIA BEACH
BOROUGH.
- 20 -
Item V-1.1.c.
PUBLIC HEARING
PLANNING ITEM # 32961 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
9,7 3 31
V6 ITP-
Qe
7:t I
jy 1,3 17-
7'11 Li
- 21 -
Item V-I.I.d.
PUBLIC HEARING
PLANNING ITEM # 32962
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Engineer, represented the
applicant. Mr. Bowie advised BJ's is similar to the Price Club.
Bernard Jaffe, General Partner, advised the construction will be similar to the
Great American Outlet Mall, a steel building with block walls and special
cinder block on the face.
Upon motion by Councilman Balko, seconded by Vice Mayor Fentress, City Council
ADOPTED an Ordinance upon application of BUFFALO NORFOLK ASSOCIATES for a
Conditional Use Permit:
ORDINANCE UPON APPLICATION OF BUFFALO NORFOLK
ASSOCIATES FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE REPAIR ESTABLTSHMENT (INSTALLATION OF
TIRES) R06901307
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Buffalo Norfolk
Associates for a Conditional Use Permit for an
automobile repair establishment (installation of
tires) on certain property located on the north
side of Virginia Beach Boulevard, 1050 feet more or
less east of Caren Drive. Said parcel contains 10
acres. More detailed information is available in
the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. The approved landscape plan for this site shall be
modified to include a five-foot high berm in
addition to the proposed hedge and tree forms
adjacent to Lampl Avenue. The berm shall run the
entire length of the parking lot, except where the
buffer area narrows to ten (10) feet.
2. Hours of operation for the tire installation
facility shall not extend past 8:30 p.m. Monday
through Saturday and 5:30 p.m. on Sunday.
3. There shall be no outside storage of vehicles
during non-business hours.
4. All repairs are to be made inside the building. No
outside repairs will be allowed.
5. All trash and new or used automobile parts,
including tires, shall be stored within the building.
6. Trees existing on property line adjacent to the
apartments shall remain.
This Ordinance shall be effective in accordance with Section 107 (f) of the
Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Eleventh
day of June, Nineteen Hundred and Ninety.
- 22 -
item V-1.1.d-
PUBLIC HEARING
PLANNING ITEM # 32962 (Continued)
Counc I I man Baum i nq u i red, I f poss i b I e, I n s i te p I an rev I ew cou I d the I ot be
paved In such a way as to drain Internally through storm sewers or does It need
a swale. Councilman Baum advised when roots are cut within fifteen feet of the
tree, many of them are going to die. If the drainage could be addressed in this
manner, trees might be saved.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf, Nancy K. Parker, John L. Perry and William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
- 23 -
Item V-J.I.e.
PUBLIC HEARING
PLANNING ITEM # 32963
Doug Talbot, 900 World Trade Center, Norfolk, Virginia Phone: 627-0661,
represented the applicant. Mr. Talbot advised this application was previously
approved on December 12, 1988. The permit was not activated and therefore
expired. The revised plan proposes a large active park site, less open space
areas, and an expanded lake system within the subdivision
Councilman Moss referenced the conditions of the application when previously
approved on December 12, 1988, which in some cases were materially different
and distributed copies of same to Members of City Council. In Condition No. I
previously a dedication of ninety-two-feet was required while a dedication of
121 feet is now required. Condition No. 2 is an entirely different description
with 50 feet of reservation vs 35 feet. The first approval indicated a right-
of-way of Ill feet with a 141-foot right-of-way in the present condition.
There are substantial changes in the conditions with cost implications to the
City. Councilman Moss expressed concern a scenic easement had become a
reservation. Condition No. 5 is entirely different and not included at all in
the present conditions. Condition No. 6 is not included in the present
conditions. Condition No. 9 involved the ownership of the Lake. Items contained
in Conditions 6, 7, 8, 9 and 10 of the present conditions were not conditions
in the original application. Said conditions are hereby made a part of the
record.
Robert Scott advised the Master Street and Highway Plan has been amended so
there is a substantial amount of buffer, approximately 25 additional feet,
which is part of the right-of-way for the purpose of assuring uniformity of
ownership and degree of maintenance. Forty feet of right-of-way exists on
Indian River Road. The applicant is proposing 141 feet, a difference of 101
feet. This plan further proposes that all 101 feet come off his side of the
street.
A MOTION was made by Councilman Moss, seconded by Councilwoman Parker, to DENY
an Ordinance upon application of GOODMAN-SEGAR-HOGAN for a Conditional Use
Permit for an open space promotion on the East side of Indian River Road, 250
feet South of Elbow Road, containing 167 acres (KEMPSVILLE BOROUGH).
A SUBSTITUTE MOTION was made by Councilman Baum, seconded by Councilman
Heischober to ADOPT an Ordinance upon application of GOODMAN-SEGAR-HOGAN for a
Conditional Use Permit for an open space promotion on the East side of Indian
River Road, 250 feet South of Elbow Road, containing 167 acres (KEMPSVILLE
BOROUGH).
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Albert W. Balko, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf
and Nancy K. Parker
Council Members Absent:
None
- 24 -
Item V-J.l.e.
PUBLIC HEARING
PLANNING ITEM # 32963 (Continued)
Upon motion by Councilfnan Moss, seconded by Councilwoman Parker, City Council
DENIED an Ordinance upon application of GOODMAN-SEGAR-HOGAN for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF GOODMAN-SEGAR-HOGAN
FOR A CONDITTONAL USE PERMIT FOR AN OPEN SPACE
PROMOTION
Ordinance upon application of Goodman-Segar-Hogan
for a Conditional Use Permit for an open space
promotion on certain property located on the east
side of Indian River Road, 250 feet south of Elbow
Road. The parcel contains 167 acres. More detailed
information is available in the Department of
Planning. KEMPSVILLE BOROUGH.
Voting: 6-5
Council Members Voting Aye:
Albert W. Balko, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Mayor Meyera E. Oberndorf
and Nancy K. Parker
Council Members Voting Nay:
John A. Baum, Vice Mayor Robert E. Fentress, Harold
Heischober, John L. Perry and William D. Sessoms, Jr.
Council Members Absent:
None
- 25 -
Item V-J.I.f.
PUBLIC HEARING
PLANNING ITEM # 32964
Attorney James M. Pickrell, Phone: 627-8365, represnted the applicant
C. Michael Fisher, President - Princessboro Development Corporation, 7613
Sewells Point Road, Norfolk, Va. Phone: 587-2654
Upon motion by Councilwoman McCianan, seconded by Councilman Moss, City Council
DENIED an Ordinance upon application of PRINCESSBORO DEVELOPMENT CORPORATION,
INC. for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF PRINCESSBORO
DEVELOPMENT CORPORATION, INC. FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM AG-2 TO B-2
Ordinance upon application of Princessboro
Development Corporation, Inc. for a Change of
Zoning District Classification from AG-2
Agricultural District to B-2 Community Business
District on the east side of Princess Anne Road
beginning at a point 561.20 feet south of the
intersection of Princess Anne Road and Sandbridge
Road. Said parcel contains 1.1 acres. More detailed
information Is available in the Department of
Planning. PRINCESS ANNE BOROUGH.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Barbara M. Henley,
Reba S. McClanan, John D. Moss, Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Voting Nay:
Vice Mayor Robert E. Fentress, Harold Heischober,
John L. Perry and William 0. Sessoms, Jr.
Council Members Absent:
None
26 -
Item V-J.I.f.
PUBLIC HEARING
PLANNING ITEM # 32965
Sheila Garrison, 2117 Smith Avenue, Chesapeake, Virginia, Phone: 420-2434
represented the TBA and spoke in SUPPORT of the Ordinance.
Upon motion by Councilman Sessoms, seconded by Councilman Heischober, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN Article 5, Section
504 of the City Zoning Ordinance re sign
regulations in residential zoning districts.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss*
*Councilman Moss had to leave for Annapolis, Maryland.
1 AN ORDINANCE TO AMEND AND
2 REORDAIN SECTION 504 OF THE
3 CITY ZONING ORDINANCE OF THE
4 CITY OF VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS
6 IN RESIDENTIAL ZONING DISTRICTS
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That Section 504 of the City Zoning ordinance of the City of
10 Virginia Beach, Virginia, pertaining to sign regulations in
11 Residential Zoning Districts, be, and hereby is, amended and
12 reordained to read as follows:
13 Section 504. Sign Regulations.
14 In all Residential Districts, signs shall be permitted as
15 follows:
16 (a) For subdivisions, there shall be permitted one (1)
17 identification sign not more than thirty-two (32) square feet in
18 area for each principal entrance or frontage of any use.
19 (b) Signs advertising property for sale, lease or rent shall
20 be permitted, provided that no such sign shall exceed eight (8)
21 square feet in area and that not more than two (2) such signs shall
22 be erected for each lot. Any property having less grantage or loks
23 line adjoining a street may have ons (i) sign not U-r-
24 (4) squar-e fmat nf R;3-r--f;-i
25 (c) In the case of new subdivisions under construction or
26 develoipment, one (1) sign not exceeding one hundred fifty (150)
27 (100) square feet May be er-egted in surface area shall be nermitted
28 at each principal entrance or frontage to R;41-es
29 for a Period of two years following the initiation of construction
30 or development. Upon the expiration of such Deriod. there shall be
31 Permitted one (1) sign not exceeding sixty-four (64) sauare fe.-+--
32 in surface area for an additional period of three years; iorovided,
33 however, that Any anv such sign nilgt shall be removed when seventy
34 @ ninety (90) pergent per cent of the property has been sold or
35 leased, or after- a per-igd of twenty-fnllr- 4ponthg uipon the exipiration
36 of five (5) years, whichever GGmes first occurs.
37 Adopted by the City Council of the City of Virginia
38 Beach, Virginia, on the 11 day of June -, 1990.
39 WMM/dhh/ccm
40 02/27/90
41 CA-90-3647
42 \ordin\proposed\45-504.pro
2
- 27 -
Item IV-I.I.g,h,i,k,l.l.
PUBLIC HEARING
PLANNING ITEM # 32966
The following spoke in SUPPORT of the Ordinance:
B. H. Pat Bridges, Jr. 557 Longleaf Road, Phone: 340-1829
Georgia Fletcher, 1136 West Revere Point Road, Phone: 464-4010, represented the
Council of Garden Clubs of Virginia Beach, Inc.
Ann Brown, 4700 Little John Road, Phone: 490-2229, represented the Garden Clubs
of Virginia Beach, Inc.
Michael J. Barrett, represented Roger M. Pierce - Chairman of the Board -
Hampton Roads Chamber of Commerce and referenced Mr. Pierce's letter of June
4, 1990. Said letter is hereby made a part of the record. The Chamber urged
support of ADOPTION of Item IV-I.l.h. AMEND and REORDAIN: Ordinance Number
486 of the Site Plan Ordinance by AMENDING Section 5A re parking lot
landscaping and ADDING foundation landscaping; AND, AMEND and READOPT:
Resolution - Parking Lot Landscaping Specifications and Standards of the City
of Virginia Beach, Virginia; AND, Item IV-I.l.i. Ordinance to AMEND and
REORDAIN: Article 2, Section 203 of the City Zoning Ordinance re off-street
parking requirements and reduced parking stall lengths. The Chamber requested
DEFERRAL of the other Ordinances (i, k and 1).
Sheila Garrison, 2117 Smith Avenue, Chesapeake, Virginia, Phone: 420-2434,
represented the TBA, advised support of Item IV-I.I.h and IV-1.1.j. and
requested thirty to sixty day deferral of Item i, k and 1.
Anne Greenberg, 4124 Ewell Road, Phone: 464-4949, represented the League of
Women Voters and distributed a Statement of the League. Mrs. Greenberg spoke
in support of all the Ordinances and their immediate passage with amendments
at a later time.
Linwood Branch, 1000 Atlantic Avenue, Phone: 428-6141, represented the Virginia
Beach Hotel/Motel Association. Mr. Branch indicated their support of the
Ordinances but expressed concern relative parking garages, and the doubling of
the interior landscape coverage as well as one foot height allowance for
every foot setback from the Oceanfront for Hotels, which would further
compress parking lots at the Resort Strip.
Locket Garnett, 5100 East Virginia Beach Boulevard, Phone: 466-5456,
represented the Ways and Means Coordinating Committee (a group of Executives
representing Cox Cable, C & P, Virginia Power and Virginia Natural Gas). The
Ways and Means Coordinating Committee supports the majority of the
Ordinances, however expressed concern relative IV-I.I.i. regarding the
planting of trees on the five and one-half foot right-of-way for utilities.
The Ways and Means Coordinating Committee requested a 60-day deferral.
Thomas L. Ross, Jr., Construction Manager - Cox Cable Hampton Roads, Inc. -
4585 Village Avenue, Norfolk, Phone: 857-5555, also expressed concerns
relative IV-I.l.i.
A MOTION was made by Councilamnn Sessoms to DEFER for two weeks until the City
Council Meeting of June 25, 1990, Items h, i, j, k, 1 and m. MOTION failed for
lack of a Second.
- 28 -
Item IV-I.I.g,h,i,k,l.l.
PUBLIC HEARING
PLANNING ITEM # 32966 (Continued)
Upon motion by Councilwoman McClanan, seconded by Councilwoman Parker, City
Council in ONE MOTION:
ADOPTED, As Amended,* an Ordinance to AMEND and
REORDAIN Number 486 of the Site Plan Ordinance by
AMENDING Section 5A re parking lot landscaping and
ADDING foundation landscaping;
" Beginning on line 203, the following verbiage
shall be added: "..provided, however the required
landscaping strip may be reduced to a minimum of
five (5) feet in width on property in the R-1, RT-2
and RT-3 Zoning Districts."
AND,
ADOPTED a Resolution to AMEND and READOPT: Parking
Lot Landscaping Specifications and Standards of the
City of Virginia Beach, Virginia.
ADOPTED an Ordinance to AMEND and REORDAIN: City
Code by ADDING Appendix E to establish
regulations and requirements for tree planting,
preservation and replacement on residential lots
and along residential streets for new subdivisions;
AND,
ADOPTED a Resolution to ADOPT specifications and
standards applicable to the residential tree
planting, preservation and replacement ordinance.
ADOPTED an Ordinance to AMEND and REORDAIN:
Article 2, Section 203 of the City Zoning
Ordinance re off-street parking requirements and
reduced parking stall lengths.
ADOPTED Ordinances to AMEND and REORDAIN Article 5,
Section 502 and Article 6, Section 602 of the City
Zoning Ordinance re parking regulations in
townhouse development.
ADOPTED, AS AMENDED,- an Ordinance to AMEND and
REORDAIN the Subdivision Ordinance:
Section 4.1(m): Right-of-way and pavement
widths
""Sections (ii) through (h) have been eliminated.
The verbiage under section has been added under
Section b: "..or 10 lots or more of less than 7500
square feet where adequate legal assurance has been
provided that all required driveways on lots served
by such street shall be at least 18 feet wide."
- 29 -
Item IV-I.l.g,h,i,k,l.l.
PUBLIC HEARING
PLANNING ITEM # 32966 (Continued)
The City will continue to work with Public Utilities (Virginia Power, Virginia
Natural Gas, Cox Cable, C & P) to address their concerns relative trees in
easements over utilities.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
1 AN ORDINANCE TO AMEND AND REORDAIN
2 ORDINANCE NUMBER 486, SITE PLAN
3 ORDINANCE, BY AMENDING SECTION
4 5A PERTAINING TO PARKING LOT
5 LANDSCAPING AND ADDING THERETO
6 FOUNDATION LANDSCAPING
7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
8 VIRGINIA:
9 That ordinance Number 486, Site Plan Ordinance, Section 5A,
10 Parking Lot Landscaping, is hereby amended and reordained which
11 reads to read as follows:
12 Section 5A Parking Lot and Foundation Landscaping.
13 Section 5A.1 Intent and Purposes.
14 The--purpose--of--parking--lat--landscaping--is--to--provide
15 landsedped-areas@f @wi-t-h-i-n-parking-lots
16 whieh-are-designed-te-facilitate-movement-of-traffie7-to-break-up
17 large-areas-@--i F-bitf@rr-and-screen
18 adjacent-propertkLai-@@ @@ttnd-reduce
19 the-&mettitt-@-st@w-ate-r-rum-of and-promete
20 the-appearence7- ch-dTe@@,-@ i@@@@f--the-surrounding
21
22 safety-through-.t7h@
23 air-temperatUre7-and-artificial-light-gldreT
24 The City Council of Virginia Beach finds that Virginia Beach
25 is blessed with a diverse and abundant cover of trees and
26 vegetation and that such cover is of general aesthetic value to the
27 City and that the ecological diversity and richness of the City
28 makes it a desireable place for residents, owners, and visitors
29 alike; and that the appearance of Virginia Beach from the public
30 wavs contributes ecologically and aesthetically to the growth and
31 economic prosperity of the city; and also that the growth and
32 development attracted to the City of Virginia Beach, because of its
33 natural beauty, often times requires the removal of trees and other
34 plant material, thereby contributing to the depletion of a most
35 valuable natural resource, therefore, it is necessary to protect,
36 preserve and restore this valuable asset. The City Council
I
37 declares the intent and purposes of this ordinance to be as
38 follows:
39 a. To aid in stabilizing the environment's ecological balance
40 by contributing to the processes of
41 regeneration, groundwater recharge, and storm-water runoff
42 retardation, while at the same time aidinq in noise, glare, and
43 heat abatement;
44 b. To encourage the trees and
45 desirable veqetation;
46 C. To assist in providing clean air2
47 d. To provide visual buf tification
48 of the City;
49 e. To safeguard and en values and to protect
50 public and private investment;
51 f. To preserve, protect, and restore the unique identity and
52 environment of the City of Virginia Beach and preserve the economic
53 base attracted v such factors;
54 g. To conserve energy; and to ]2rotect the public health,
55 saf ral welfare through the reduction of noise air
56 and ion, light glare, and moderate air t
57 h. To provide habitat for living things that miqht not
58 otherwise occur or be found in urban and suburban environments.
59 Section 5A.2 Applicability.
60 The provisions of this section shall apply to
61 private parking lots designed for ten (10) or more spaces and shall
62 include display areas, commercial and public buildi arkin
63 garages, and shall also inc @ptacles, and
64 loading docks that may be viewed from any public riq A
65 parking lot shall be defined as any area or structure where motor
66 vehicles are stored for the purpose of temporary, daily, or
67 overnight off-street parking. A display area shall be defined as
68 an area generally considered accessible to the public including
69 auto/truck sales, leasinq and rental lots, recreational vehicle
70 sales and rental lots, boat sales lots, manufactured home sales
71 lots, and trailer sales lots. A loading dock shall be defined as
2
72 a pl e within the building or that protrudes from the
73 buildinq for the standing, loading, or unloadinq of trucks.
74 (a) No-new Parking lots of ten (10) or more total parking
75 spaces shall not be constructed until a landscape plan (see
76 sections 5A.4 an of the parking lot has been approved by the
77 administrator of landscape services or his designees- The
78 admin+strator shal:.I-rat @-landscape-pl-an @"d @ -h-iti
79 pursuant -to -tltk,, @t-@rt the- requirements- of
80 this-section7
81 (b) No Existing parking lots of ten (10) or more spaces and
82 ne existing parking lots of less than ten (10) spaces whose
83 enlargement will increase it to ten (10) or more spaces ar-MD-re
84 shall not be enlarged or reconstructed until a landscape plan of
85 the parking lot has been approved by the administrator of landscape
86 services. Landscaping shall be provided in the new parking area
87 in proportion to its enlargement or reconstruction, and not in
88 proportion to the total parking area for the site. Reconstruction
89 is defined as construction activity involving an exist rkin
90 lot requiring a site plan which includes the addition of asphalt
91 or concrete for the purpose of facilit,
92 addition of curbing and/or cu
93 and restripinq are considered maintenance activities and not
94 reconstruction. The addition of islands in an exis inq parking
95 lot for the purpose of landscapinq shall not constitute
96 reconstruction. @-iandsc-ape
97 plan-submitted-te-him-pursuant-to-this-section-uniess-it-conforms
98 to-the-requirements-of-this-seetiOM7
99 (c) Display areas shall not be constructed until a landscape
100 plan (see sections 5A.4 and 5A.5) of the displav area has been
101 approved by the administrator of landscape services. Displav areas
102 shall be clearlv indicated on the landsc tomer and
103 employee parkina spaces should not be included in the indicated
104 area). Existing display areas shall not be expanded until a
105 landscape plan has been approved bV the administrator
106 services. Landscapinq sha' d in proportion of the
3
107 expansion, and not in proportion to the entire area for the site.
108 (d) commercial and public structed
109 until a foundat plan (see section 5A.6) has been
110 ator of landscape services. Existing
ill commercial buildings shall not be expanded until a foundation
112 landscape plan has been approved by the administrator of landscape
113 services. Landscaping shall be provided in proportion to the
114 buildinq's expa in proportion to the ent
115 for the site.
116 (e) Parking garages shall not be constructed until either a
117 street frontage landscape p -foundation
118 landscape Plan (see section 5A.6), whichever is ap2l cable has
119 been approved by the administrator of landscape services.
120 (f) Dumpsters and/or les shall not be placed
121 until a landscape plan (see section 5A.7)
122 administrator of landscape services.
123 (g) Loading docks shall not be constructed until a landscape
124 plan (see secti I bv the administrator of
125 landscape services.
126 Section 5A.3 Procedures.
12 7 (a) Landscape plans submitted pursuant to this section
128 ordinance shall be prepared in the manner specified in this section
129 ordinance and in "PARKING LOT AND FOUNDATION LANDSCAPING
130 SPECIFICATIONS AND STANDARDS" and shall be submitted in conjunction
131 with the site development plan.
132 (b) After the landscape plan has been submitted, it shall be
133 reviewed and processed by the administrator for conformance to this
134 section 5A and other applicable regulations in conjunction with the
135 site development plan @-in-t-his- -i@ . The
136 administrator may anv landscape plan which the
137 administrator determines to meet or ex ctives of this
138 ordinance.
139 Section 5A.4 Parkinq Lot Interior Coverage Requirements.
140 (a) There shall be provided within the perimeter of the
141 parking lot or between any two (2) parking spaces, a landscaped
4
14 2 area(s) ar-- which together total fifteen-@-1-" irt 30
143 square feet for each required parking space.
144 There vided within r of the
145 anated display areat landscaped are
146 twelve 12 rcent of the dis la area.
14 7 fbt (c) Trees shall be provided within the landscaped area
148 in'the proportion of one (1) tree per one hundred and fifty (150)
149 square feet of total landscaped area, except that any fractional
150 tree shall not be counted as a whole tree.
151 fel @ To encourage dispersement of landscaped areas
152 throughout the parking lot, in parking lots of less than one
153 hundred (100) spaces any portion of a single landscaped area
154 exceeding three hundred fifty (350) square feet shall not be given
155 credit toward satisfying 5A.4 interior coverage
156 requirements; and in parking lots of one hundred (100) spaces or
157 more any portion of a single landscaped area exceeding fifteen
158 hundred (1,500) square feet shall not be given credit towards
159 satisfying 5A.4 interior coverage requirements, e t
160 in cases when eitin tre s are retained and rotected durin
161 construction, t
162 lv as specified in the "PARKING LOT AND FOUNDATION LANDSCAPING
163 CDVrTVTrATTnNS AND STANDARDS" tree ret-@t-i@@ @pr-tion. In no case
164 sha slands or qr uDs of entrance islands be credited
165 with more than a total of three hundred and fifty (3
16 6 for each entr the interior cov e
16 7
168 (e) areas throughout
16 9 th display area, in dis2la tv thousand
170 Dortion of ndscaped area
171 ex eedinq three (350) sauare feet shall not be given
172 credit toward 5A.4 parking lot interior era e
173 av areas thirty
174 feet or more anV portion
175 fifteen hundred (1,500) square feet shz iven credit
176 towards satisfying 5 .4 arking lot interi
5
17 7 tdt (f) Planting which is required for screening along the
178 perimeter of any parking lot by the provisions of the comprehensive
179 zoning ordinance, or by-5A-.5
180 street frontage requirements (see section .5 , or screenin
181 requ shall not be considered as part of
182 the interior landscaping requirements.
183 tet--plantings-
184 credit--towardg-@at-@fykn-@-
185 coverage-requirementst
186 ff@ (q) Provisions of 5A.4 interior coverage
187 requirements, shall not apply to parking garages and areas in
188 industrial uses not devoted to required off street parking spaces.
189 section 5A.5 Street Frontage Requirements.
190 (a) In addition to the requirements of 5A.4
191 interior requirements, landscaping shall be required along any side
192 of a parking lot, dis la area or arkin ra e @ith arkin on
193 the qround lleevveel that abuts the right-of-way of any street more
194 than twenty (20) feet in width.
195 businesses and/or offices 0
196 foundatiion llanncd, rements shal
197 section.
198 (b) A landscaping strip a minimum of ten (10) feet in width
199 shall be located between the far-edge-cf-the-abutting-sidewalk-dS
200 measured-from-t@@ ilk and parking
201 lot curjbd llilnnee, or where there is no sidewalk, from the right-of-
202 way line and the parking lot curb line, except where driveways or
203 other openings may be required required
204 landscaping str imum of five (5) feet in
205 width on property in the R
206 imum of ten eet in
207 width shall be located between the abuttinq edqe of the sidewalk
208 anc qe foundatio ere is no si ewalk, from
2 09 th v line and the parking garage foundati xce t
210 where driveway. r other o enin s ma be required. In addition to
211 the landscaping strij2 and street
6
212 garaaes with parkina on the around level shall have a solid wall
213 which is a minimum of four (4) feet in height.
214 (c) Trees, hedge forms, and other treatment in accordance
215 with the specifications of the "PARKING LOT AND FOUNDATION
2 16 LANDSCAPING SPECIFICATIONS AND STANDARDS" shall be placed within
217 the landscaping strip.
218 (d) Where street landscaping required by 5A.5
219 street frontage requirements conflicts with adequate sight
220 distances required at driveways and street intersections by the
221 comprehensive zoning ordinance, section 201 (F), the regulations
222 and provisions of the latter shall govern.
22 3 (e) The requirements of 5A.5 street frontage
224 requirements shall not apply where planting is required along
225 scenic easements designated on the master street and highway plan.
226 Section 5A.6 Foundation Landscaninq Reauirements.
227 (a) Lands t to buildina sides or
228 provided in planters adjacent to buildinq sides which face the
229 right-of-way of anV street more than feet in width.
230 The trip may be bisected by necessary entrances to the
2 31 building and m dewalks servicinq such
232 entrances.
233 (b) A minimum of fifty (50) Dercent of anV side of the
234 building facing a public right(s)-of-way shall be landscaped.
235 (c) The minimum width of the landscaped area shall be three
236 (3) feet and shall be designed to prohibit vehicular
237 (d) Shrubs or trees shall be provided within the landscaped
238 area in the proportion of at least one (1) shrub or one (1) tree
239 per fifteen eet of total required landscaped area,
240 exceot anv fractional shrub or tree shall not be counted as a whole
241 shrub or tree.
242 Section 5A.7 Sc
243 (a) Dumpsters and/or trash receptacles shall be screened from
244 view from the right-of-way of any street more than twe feet
245 in width.
7
24 6 b L..din docks not screenecd, by
247 shall be screene rom the riqht-of-W
248 more than twenty_(20) feet in width for thir ntire in th exce t
249
250 Section SAT6 5A.8 Installation and Bonding Requirements.
251 (a) All required landscaping shall be installed according to
252 the "PARKING LOT AND FOUNDATION LANDSCAPING SPECIFICATIONS AND
253 STANDARDS."
254 (b) Where landscaping is required, no certificate of
255 occupancy shall be issued until the required landscaping is
256 completed in accordance with the approved landscape plan as
257 certified by an on-site inspection by the administrator or his
258 When the occupancy of a structure is desired prior to
259 the completion of the required landscaping, a certificate of
260 occupancy may be issued only if the owner or developer provides to
261 the city a form of surety satisfactory to the city attorney in an
262 amount equal to the remaining plant materials, related materials,
263 and installation costs, twith the costs agreed-to oved by the
264 administrator
265 (c) For expanded or reconstructed arkin lots or dis la
266 areas whniic;,h, d-o not include buildinq
267 no certificate of ocu anc i. re uired a suret atisfactor t-
268 h@e city atto n
269 is released to cover the cost of all landsca in indicated on the
270 landscape plan, as deterined b the administrator -f landsca e
271 services.
272 tet (d) All required landscaping must be installed and
27 3 approved by the end of the first planting season following issuance
274 of certificate of occupancy or bond et will shall be forfeited
275 to the city.
276 fdt (e) The owners and their agents shall be responsible for
277 providing, protecting, and maintaining all landscaping in healthy
278 and growing conditions, replacing unhealthy ft 50 ercent or
279 mo e dead or co ar-dead plant material within-@rte-(-@
280 year-or-by-the-next-planting-season7-whichever-comes-first within
8
281 nin s ul)on written notice except when replacements
282 should be delayed because of seasonal factors until the next
283 planting season. Replacement material shall conform to the
284 original intent of the landscape plan as determi the
285 administrator of landscape services.
286 Adopted by the Council of the City of virginia Beach,
287 Virginia, an the 11 d,y of June, 1990
288 REV. 3/21/90
289 REV. 6/11/90
9
A RESOILTRION TO AMEND AND READOPR UM
P liCT ING AND SPBCIFICA-
TIONS AND STANDAPDS OF MM CrrY OF
@@ BEACH, @@
WHEREAS, Section 5A of the Site Plan provides landscaping
regulatioris in comec:tim with the coristruction and cperation of certain
parking areas, and
. WHEREAS, the @il of the City of Virginia Beach desires to
amend ar)d readopt the specificatioris and standards applicable to the
iWlemntation of the landscap@ regulatioris and to make sudi regulations
applicable to the fourdation areas of in @ial and public buildings
RE BE rr RESOLVED BY THE COMCIL OF UM CTIY OF @IM
BEACH, MW:
The Par@ Tot and ticn Landscaping Specifications and
standards attached hereto as it A are hereby adopted as the official
specifications arxl standards to be utilized in the administraticn and
enforcement of Section 5A of the Site Plm ordinance.
Adcpted by the council of the City of Vircjinia Beach, virginia, on
June
the day of 1990.
I EXHIBIT A
2 PARKING LOT ND FOUNDATION
3 LANDSCAPING SPECIFICATIONS AND STANDARDS
4 Parking lot and foundation landscaping as required in Section SA,
5 Parking Lot and Foundation Landscaping, of the Site Plan Ordinance
6 shall be provided in conformance with the following criteria:
7 A. Interior Coverage
8 Trees required by 5A.4 n lot interior coverage requirements
9 shall be of the following type and size:
10 1. Deciduous Canopy Trees
11 Decidhous-trees-shall-be-of-a-species-hdying-an-ayerage
12 minimum@ature@rowrt @ttm@ifteen-ft5l
13 feetv (a) Only canopy t@e trees can be utilized, not
14 those trees typically considere ornamental and
15 understory t)rpe trees. The adminis rator of landsca
16 services,,shall-have final approval of those trees that
17 o be classi-fied as canop
are t -Y ty2e trees. A minimum
18
19 time-@--p -shalk-be-
20 caliper (graded two (2) to two and one-half (2 1/2) inch
21 caliper) shall be required at the time of planting.
22 (b) Trees must be i)lanted in at . I.t@-f@ur (64)
23 square foot plantina area. These t)lantinq areas must
24 provide a minimum four (4) foot distance from the center
25 of the tree trunk to any curb.
26 2@ --- Evergreen-Trees
27 Eyergreen-trees-shall-have-d-minimum-caiiper-of-one-and
28 three-fourths-fi-3/4t-inches-at-time-of-plantingT
29 2. Turfqrass, Groundcovers, and Ornamental Shrubs
30 All have turfqra.ss,
31 groundcovers, or ornamental shrub-s.
32 B. Street Frontage
33 1. Treen required by SA.5 street frontage
34 requirements may vary in size at maturity but shall
35 conform to the following specifications at time of
36 planting:
37 mature Size Max. Space- Min. Size at Planting
38 Small 15 Feet 6 - 7 Feet
39 Medium 25 Feet 1-1/4 - 1-1/2 Inch
40 Caliper
41 Large 40 Feet 2 - 2-1/2 Inch Caliper
42 randomly_spaced
43 rees required are utilized..
44 2. Trees of species hose roots are knom to cause damage
45 to public--works infrastructure improvements, whose
46 branches are known to be subject to a high incidence of
47 breakage, and whose fruit is considered a nuisance or
48 high maintenance shall not be utilized.
49 3. Continuous eve@reen (in the hedge f orms
50 shall be planted between the trees. However -hen trees
51 are of-way for parking
52 garages, the hedge forms shall only be located within the
foot landscaping stri2. The hedge forms shall
53 ten
54 have a minimum height of two-f2i-,f@ twenty- 24
55 inches at time of planting. Spacing shall be such that
56 1 within two (2) years
57 afte tin - In lieu of providing hedge forals, walls
58 or solid fences may be utilized wh the
59 minimum fencing s.tandards as specified In the
60 Land Specifications and
61 Standards of the comprehensive Zoning Ordinance. For
62 inimum of four J4) feet
63 in h in to the hedge form
64 shall@
65
66
6 7 WoodT Chain-link fences may not be used to meet the
68 requ@rements of this section. Minimum height of walla
69 or fences shall be three (3) feet.
70 4. Berms, a minimum of three (3) feet in heiqht, may be used
71 in conjunction with or in lieu of a continuous evergreen
72 hedge form. Berms that are planted and mulched shall not
73 exceed a horizontal to vertical slope ratio of 2:1 and
74 those berms covered with turfqrass shall not exceed a 3:1
75 slope ratio.
76 C. Parking Garage Landscapinq Requirements
77 1. There are no interior coverage requirements for parking
78 garages. Parking garages shall have street frontage or
79 foundation landscaping, whichever is applicable. For
80 parking garages with parking on the ground level, section
81 5A.5 parking lot street frontage requirements shall
82 apply. For parking garages that have businesses and/or
83 offices on the @round level, section 5A.6 foundation
84 landscaping requirements shall apply.
85 2. Parkina oaraqes wi-th parking on the ground level shall
06 have a solid wall which is a minimum of four (4) feet in
87 height and is made of the same or compatible material
88 and color of the principal structure in terms of texture
89 an@ quality.
90 3. Should a r)arkino qaraqe have a second level overhanging
91 the ten (10) foot landscaping strip, columnar trees, as
92 designated by the administrator of landscape s rv ces
93 shall be planted adjacent to each side that faces a
94 right-of-way of any street more than twenty (20) feet in
95 width. Trees mav be planted in the right-of-way only
96 with' written authorization from the-administrator of
97 landscape services. Trees may be spaced a maximum of
98 thirty-five (35) feet apart. Columnar trees shall be at
99 least two (2) to two and one-half (2 1/2) inch caliper
100 at the time of planting. Should trees be located within
101 a sidewalk(s), steel grates shall be placed around each
102 tree. Tree grates shall be cast iron and forty-eight (4EI
103 inches in diameter and approved by the administrator of
104 landscape services. All tree grates shall be installed
105 with tree grate collar and grate frame for support.
106 D. Display Area Landscaping Requirements
10 7 There shall be provided within the perimeter of the designated
108 display area, landscaped area(s) which together total twelve
I 0 9 (12) percent of the display area. One (1) tree for each one
110 hundred and fifty (150) square feet of total landscaped area
ill shall be provided, except any fractional tree shall not be
112 counted as a hole tree. in addition, display areas must
113 satisfy the street frontage requirements.
114 E. Foundation Landscaping Requirements
115 1. Shrubs or trees shall be provided within the landscaped
116 area in the proportion of one (1) shrub or one (1) tree
117 per fifteen (15) square feet of total required landscaped
118 area, except any fractional shrub or tree shall not be
119 counted as a hole shrub or tree.
120 2. Shrubs shall be at.least eighteen (18) inches in height
121 if planted i=ediately adjacent to the building. Shrubs
122 planted in elevated planters not located immediately
123 adjacent to the building shall have no minimum height
12 4 requirement. Trees shall be at least six (6) to eight
125 (9) feet in hei@t.
126 F. Screening Requirements
127 1. Screening for dumpsters and/or trash receptacle areaa
128 shall be accomplished by a solid fence or wall which is
129 a minimum of six (6) feet in height and is made of the
130 same or compatible material and color-of the principal
131 building in terms of texture and quality. Additional
132 plant materials shall be provided so that no more than
133 two-thirds (2/3) of the surface area of the solid fence
13 4 or wall is visible from the street within three (3) years
135 of erection of the structure.
136 2. Screening for loading docks may be accomplished by
137 solid fence or wall w
138 in height and i aterial
139 and color of the principal building in terms of texture
140 and cualitv. Additional 21ant materials shall be
141 provided so that no more than two-thirds., (2/3) of the
142 surface area of the solid fence or wall is visible from
14 3 the street within three (3) years 0 erection of the
14 4 structure. In lieu of providing a fence or wall, the
1 4 5 screening may be accomplished with evergreen plant
146 mater six (6) feet or
147 greater within three (3) years of planting. Any plant
148 materials used to fulfill these requirements shall be a
149 minimum of thirty-six (361 inches in he
150 and shall be spaced so that the plant material is
151 touching within three (3) years.
152 C. Tree Retention
15 3 1. Existina tree(s) may be retained and credit may be given
154 to satisfy the interior tree and/or street frontaqe tree
155 requirement(s) provided tbe tree(s) are healthy and in
156 good condition and T)rovided the t-ree(s) are located in
157 the area(s) of the site where tree planting is required.
158 Tree(s) to be retained for credi
159 by the administrator of landscape services.
160 Diameter of Tree- Number of Trees Credited
161 411-5. 9
1 6 2 611- 1 1. 9 2
163 1211-17.9" 3
1 6 4 1811-23.9" 4
165 24" + 5
166 -Diameter of a tree shall be determined by measuring the tree's
167 diameter four and one-half (4 1/2) feet (Diameter Breast HeiQht -
168 DBH) above ground level.
1 6 9 2. Before construction activitv beqins, p.rotective barriers
170 must be securely in place. Any tree orotection method
171 utili administrator of
172 landscape services. Minimum undisturt
173 determined by multiplying the t@ee-s Diameter Breast
174 Height (DBH) by one (1) foot. This is the minimum
175 diameter that must be left undisturbed around each tree.
17 6 This area is approximatelv the area t
1 7 7 branches (drip-line). All construction activities shall
178 be prohibited within the minimum
179 for any tree(s) for which credit is qiven toward
180 satisfying the interior coverage and/or street frontage
181 requirement(s). All temporary construction activities
182 shall also be prohibited within the inimum undisturbed
I 8 3 areas, including all excavating, filling, trenching,
18 4 construction storage and dumping, and parking of
185 construction equipment/vehicles or employee vehicles.
186 3. A plan for tree protection during construction must be
187 included with the landscape plan submittal or no credit
188 will be given foi tree retention.
189 4. Should the retained tree(s) die or the crown be at least
190 fifty (50) percent dead within three (3) years from date
191 of acceptance of the landscaping by the city,
1 9 2 replacements shall be equal to the number of trees given
193 as credit and ghall be at least two (2) to two and one-
1 9 4 half (2 1/2) inch caliper if used to satisfy the interior
195 tree requirement and/or minimum size at planting used to
196 satisfy the street frontage tree requirement.
197 ev H. Parking-Jot Plant Materials
198 All plant materials shall be living plants (artificial plants are
199 prohibited), and shall meet the following requirements:
200 1. Qdality Applicable Publications
201 a. Plant materials used in conformance with the
202 provision of these standards shall conform to the
203 standards of the most recent edition of the
204 "American Standard for Nursery Stock", published by
205 the American Association of Nurserymen.
206 b. Plant names used in conformance with the orovision
207 of these standards shall conform to the standards
208 of the most recent edition of the "Standardized
209 Plant Names" published by the American Joint
210 Co@ittee on Horticulture Nomenclature.
211 C. Horticulture definitions shall conform to the most
212 recent edition of "A Technical Glossary of
213 Horticulture and Landscape Terminology" published
214 by the Horticultural Research Institute, Inc.
215 2. Recommended Trees
216 a. A list of recoinmended trees by group and a list of
217 unacceptable trees is available-from-the-idndscape
218 services-division are provided in section M.
219 b. Trees shall be at least two (2) to two and one-half
220 (2-1/2) inch caliper at time of planting to sati@
221 the interior tree requirement (see section A.1).
222 C. Trees shall be at least the minimum size specified
223 at planting to satisfy street frontaqe tree
224 requirements (see section B.1).
225 d. Trees shall be at least six (6) to eight (8) feet
2 2 6 in height at time of planting to satisfy the
227 foundation tree requirement (see section E.2).
228 3. shrubs and Hedge Forms
229 a. Shrubs shall be at least twelve-ti2t eighteen (18)
230 inches in height and or width at time of planting
231 If utilized to satisfy the parking lot interior
232 shrub requirement (see section A.2).
233 b. Hedge forms shall be evergreen (in local area) and
234 at least twenty-four (24) inches in height at time
235 of planting to satisfy the parking lot street
236 frontage hedge form requirement (see section B.3)-
237 C. Shrubs shall be at least ei@hteen (18) inches in
238 height at time of planting if planted immediatelx
239 adjacent to the building to satisfy the foundation
2 4 0 shrub requirement. Shrubs planted in elevated
24 1 qht
2 4 2 bu no
243 .. . rtlon E
244 d. Sh
245 le
246 Pi a minim
247 in
248 requireet .. .ction F -
249 4-.--Hedge-Forms
250 -f ---sha II -he 2
251 feet-in-height-at-time-cf-plantingT
252 5-. 4. Vines
253 Vines shall be at least sill (6) in@hes in length at time
254 of planting and are generally used in conjunction with
255 walls or fences.
256 6- 5. C;rass or Ground Cover
257 a. Grass of a .perennial nature shall be planted in
258 species normally grown as permanent lawns in
259 virginia Beac.h and may be Sodded, plugged, sprigged,
260 or seeded. Where applicable, the requirements of
261 the Erosion Sedimentation Control Standards and
262 specifications shall be met. Grass sod shall be
2 6 3 clean and free c)f weeds and noxious pests or
264 dibeases.
265 b. Ground covers shall be planted in such a manner as
266 to present a finished appearance and seventy-five
267 (75) percent of complete coverage after two (2)
268 complete growing seasons, with a maximuln of fifteen
269 (15) inches on center. In certain cases, if
270 .1pp,oved by the review--agent diit@ator of
271 , ground cover also may consist
272 of rocks, pebbles, sand, and similar approved
273 materials.
27 4 Installation orkmanship-like
275 All landscaping shall be installed in a sound, w
2 7 6 manner and acc ording to accepted, gc)od planting practices and
277 procedures with the quality of plant materials as hereinafter
278 described. Landscaped areas shall require protection from
279 vehicular encroachment by such means as, but not limited to, wheel
280 stops or concrete or bituminous curbs. Plant material requiring
281 support for proper growth shall be installed as directed by the
282 following specifications.
283 1. Setting Plants
2 84 Unless otherwise specified, all plants should be planted
2B5 in pits, centered and set on six (6) inches of compacted
286 topsoil to such a depth that the finished grade level at
287 the plant after settlement will be the same as that at
288 which the plant was grown. They should be planted
289 upright and faced to give the best appearance or
290 relationship to _adjacent plants. Wire and surplus
291 binding from top and sides of the balls should be
292 removed. Roots of bare root plants only shall be spread
2 9 3 in their normal p6sition. All broken or frayed roots
294 should be cut off cleanly. Topsoil should be placed and
295 compacted carefully to avoid injury to roots and to fill
296 all voids. When the hole is nearly filled, add water as
297 necessary and allow it to soak away. Fill the hole to
298 finished grade and form a shallow saucer around each
299 plant by placing a ridge of topsoil around the edge of
300 each pit. After the ground settles, additional topsoil
301 should be filled into the level of the finished grade.
302 2. Staking, Guying and Wrapping Materials
303 Stakes for supporting 'trees should be two and one-half
304 (2 l@2) inches square or round, by eight (8) feet sound
305 wood7--creosoted--one-half--ti@21--their--length long,
306 pressure treated wood or painted metal rib-back fence
307 posts. zed in guyiklq
308 trees and shall.
309 standards. Stakes should be equally spaced about each
310 tree, and the-end-@@@@ shall
311 be driven vertically into the ground to a depth of two
312 and one-half (2 1/2) to three (3) feet in such a manner
313 as not to injure the ball or roots. Trees should be
314 fastened to each stake at a height of about five (5) feet
315 by means of two (2) strands of wire. Wire for guys or
3 1 6 fastening trees to stakes should be No. 12 gauge,
317 pliable, galvanized iron steel. Hose to encase guys or
318 wires, used for fastening trees to stakes, should be two-
319 ply reinforced rubber garden hose. Wrapping for tree
320 trunks should be woven-@@@@-wire7--l@@-i4
321 mesh7-1-@r@i-@ kraft-paper burlap wrap. Trunks
322 of all shade trees should be wrapped from the ground to
323 the height of the first strong complement of branches.
324 Wrapping material should be wound twice around the trunk
325 and fastened witli twine at the base and top.
326 3. Ground C6ver Beds
327 Ground cover should be planted in beds having a minimum
328 depth of six (6) Inches of topsoil above the subsoil.
329 The topsoil used should be thoroughly mixed with one-
330 third (1/3) peat and lightly compacted. Plants should
331 be evenly spaced and set to finished grade level after
332 settlement.
333 4. Mulching
334 All plants should be mulched within two (2) days after
335 planting. The approved mulching materials can either be
336 organic or inorganic.
337 E-. J. Maintenance
338 The owner of the property shall be responsible for the continued
339 proper maintenance, repair, and replacement of all landscaping
3 4 0 materials, and areas in accordance with the approved landscape plan
341 and shall keep them in a proper, neat, and orderly appearance, free
342 from refuse and debrib at all times. All unhealthy, fifty (50)
343 percent or more dead or completely dead, plant materials shall be
344 replaced within-@-fit-@-or-@-the-@-planting-
34 5 whicheyer--come@--f-i-t-at-. as directed by the administrator of
34 6 landscape services. All landscaped areas should be provided with
3 4 7 a readily available water supply. Maintenance should include
348 weeding, cultivating, mulching, tightening, and repairing of guys
3 4 9 and stakes, removal of guys and stakes after one (1) to two (2)
350 years, and resetting plants to proper grades or upright position,
351 restoration of the planting saucer, fertilizing, pruning, and other
352 necessary operations. Maintenance should begin immediately
353 following the last operation of installation for each portion of
354 lawn and for each plant. The landscape services division may
355 periodically inspect the project and indicate whether or not the
35 6 landscaping continues to meet the minimum requirements of this
357 ordinance. Any violation will be noted and property owners will
358 have ninety (90) days in which to correct all violations, except
359 in those cases when plant material replacement should be delayed
360 because of seasonal factors until the next plantin season which
361 requires written approval by the administrator of landscape
362 services. Failure of the owner to provide maintenance as described
363 above shall constitute a violation of the site plan ordinance.
364 F-. K. Parking Lot Visibility Triangle Requirements
365 As specified in the Comprehensive Zoning Ordinance, visibility
366 triangles, within which nothing shall be erected, placed, parked,
367 planted or allowed to grow in such a manner as to impede vision
368 between a height of two and one-half (2 1/2) and eight (8) feet
369 above the center lines of intersecting trafficways shall be
370 provided as follows:
371 1. Street Intersections
372 A visibility triangle shall be required at all street
373 intersections including at least the area within the
374 first twenty (20) feet along the intersecting rights-of-
375 way (projected if rounded) and a line connecting the ends
376 of such twenty-foot line. Where the sidewalks have been
377 provided within the right-of-way line, vision clearance
378 measurements shall be taken from the curb line, rather
379 than the right-of-way line.
380 2. Intersections of Driveways with Streets
381 No wall, fence or other structure shall exceed a height
382 of thirty (30) inches above the finished elevation of a
303 driveway within a visibility triangle created by
38 4 measuring ten (10) feet in from the intersection of a
385 driveway boundary and property lines away from the
386 driveway with the end of the two (2) ten-foot line
387 connected in a straight line to form the visibility
388 triangle. The thirty (30) inch height for any portion
389 within the triangle shall be computed from the elevation
390 of the driveway which is perpendicular to that portion
391 of wall or structure within the triangle.
392 G-. L. Plan Submission and Approval
393 Whenever any property is affected by these landscaping standards,
394 the property owner or developer shall prepare a landscape plan for
395 submission in conjunction with a site development plan.
396 1. Plan Preparation
397 The landscape plan must be prepared by a certified
398 landscape architect, a landscape architect, an individual
399 with a two (2) or four (4) year degree in ornamental
400 borticul
401 member of the Virginia Society of Landscape Designers,
402 or a c6rtified Virginia Nurseryman. The name and
403 signature of the person responsible for the landscape
404 design must be shown on the plan.
405 -I-. 2. Plan Content
406 The contents of the landscape plan shall include the
407 following;
408 Landscape plans shall clearly show and label by name
409 and dimension all existing and proposed property
410 lines, easements, buildings, and other Btructures,
411 vehicular use areas (including parking stalls,
4 12 driveways, service areas, display areas, loadina
4 13 docks, dumpster and square
4 14 footage etc.) and landscape materials (including
415 height, width or caliper, whichever is more
4 1 6 appropriate, at planting time, and on-center
4 1 7 Planting dimensions for all plants). All plant
419 material is to be listed In a "Planting Schedule".
419 The title box shall include pertinent names and
420 addresses (property owner, engineer, designer,
421 scale, date, north arrow).
422 27 3. Site Plan Approval
423 Where landscaping is required, no site plan shall be
424 approved until the required landscaping plan has been
425 submitted and approved by the administrator7 of landscape
426 services division. In no case shall a -. te plan be
427 approved wherein the design calls of
428 plant materials over any underground water retention
4 2 9
4 3 0 4. Plant Materials Subs -itutions.
431 Plant materials sdecified on t n mav be
432 substituted if unavailable at the time of planting with
433 similar Dia pon written re
434 pro .perty ow er and written a oval of the administrator
435 of landscape services.
436 REV- 04/27/90
425 M.- Tree Llsto
426 I_._ Recommended trees for parking lot street-frontzkgt!_.
427 SMALL TREES
428 BOTANICAL NAME COMMON NAME
429 Chioi)arl@htLs. K@ralnicu. White Frinae Tree
430 Crataea.us phaeno5@@,-- Washington - Hawthorn
4 31 Koelreute.ria.naniculata- Golden.Rain Tree
432 Lagerstroemia ind-
... @@ .4ca Crane Myrtle
433 Malus floribunda n
Japanese Floweri 9 Crab
434 @.-unus @err-ujata 'Kwanzan-- Kwanzan Cherry
435 duercu. robur -Fasticiata- Pyramldal Enclish Oak
436 MEDIUM TREES
4 3 7 Acer plat_alloides. 'Columnarel Columnar Norway Maole
438 Acer.rubrum.-Colu.nar.- Columnar Red Ma.le
439 k&q-et@@brum- 'October Glory, 'October Glory' Red MaDle
440 Gi.nk o biloba Ginkgo (Male Cultivars only)
441 Maidenhair -ree
442 cleditsia triacanthos var. Thornle.s Honey locust
443 @r --
444 NY.@E!A@lv@tiqa Sour Gum
445 PXEU- c@alle@A@a (all cultivars) Call.ry Pear (cultivars only)
446 LARGE TREES
447 A-.r A cc@haruM.-Columnare,
Columnr Sugar Maple
448 Acer saSc-ka_r@m 'Green Mouhtain, 'Green Mountain' Sugar Maple
449 Eelti@oc 2@dt@t Iis Hackberry
450 Fr @4nu e@Ligy.L a@nica
@4 Green Ash
451 @'ra
.--@n@.fR,i!F.@vanica - 'Marshall's Seedless'
452 'Marshall's Se@diess' Green Ash
453 Li o@ n r n LL;j
q 5Lq- _p
454 @-a nolia L Tulip Poplar
..-grgtRcif,lo-r.a Southern Magnolia
455 Metas @.2 q- Dawn Redwood
456 @-i --- -2-qq __qAyp@q @roboides
.p 4- t@t LA- Slash Pine
4 5 7 @inus taeda Loblolly Plne
458 @-la-t-a--n -@--x-ac r@ o@4aL 'Bloodgood 'Bloodgood' London Plane Tree
459 Plat-anus occiden.talis- American Sycamore
460 us acqti@ Saw Tooth Oak
461 @q K-q_ s@d @l i@t o il i-a Darlington Oak
462 Q ercus m c@ro@rpa Bur Oak (favors moist soll)
463 _Q@ It L@ @n.1 qi: @. Water Oak
464 @ r@cu@hellos Willow Oak
465 QL't;:c@-R;,44us- Chestnut oak
466 rcu v@eju@loa_ Black Oak
467 Zelkova_serrata -' Japanese Zelkova
468 -el @6@ - -
s@
@@a -Village Green' 'Village Green' Zelkova
469 'Not @T e@es t , those listed.
_th a e u ized are not limited
470 Rev. 3/21/90
4 77 2..- Recommended canopy trees- for parking lot interior
4 7 6 coveraoe.
479 MEDIUM TREES
480 COMMON NAME
----- - ----
481 A er rubrum 'Columnare' Columnar Red Maple
482 Acer rubrum (all cultivar.) Red Maple (cultivars)
4 83 6 - _
,L@AASR@a n- Thornless Honey Locust
_@t4@a t a
484 inermis
4 8 5 Sour Gum
486 P r@s all.@r t
_yAR4 (all cultivars) Callery Pear (cultivars only)
487 LARGE TREES
488 Acer SaRcharum 'Columnarel Columnar Suaar Maple
489 @@e saccharum (all cultivars) sugar Maple-(cultivars)
490 e'; @,; i @n @.2 @ @ s Hackberry
491 --- p_epp@y@va --'
492 Frax . pica Gr.en Ash
- --a'- nus pjtrlpqy4yA,)i@a 'M-rshall's Seedless,
493 'AW@shall-s Se'edle.sl Green Ash
494 Ginkgq b.iloba Ginkgo (Male Cultivars only)
4 9 5
Maidenhair Tree
496 Liriodendron t@IlPifera Tulip Poplar
497 Magnolia a
.,-Xg;ldi_glora Southern Magnolia
4 9 8 Met4s.@q q4,q
11 _g;yptostrob ides Dawn Red.ood
4 99 Pi-@4s @@4-@ottii S2ash Pine
500 Pinus -taeda Loblolly Pine
501 Platan s ---
u .x acerifolia 'Bloodgood- 'Bloodgood' London Plane Tree
502 ?i
atanus occidentalis American Sycamore
503 Ouercus acutissima
Sa- Tooth Oak
504 Quercus darlin
_gt.@i. Darlington Oak
505 Quercus ma-cr.0c.,arpa Bur Oak (favors moist soil)
506 Q!4qrcus niara Water Oak
507
Willo. Oak
508 Chestnut Oak
509 Qpe;:c3;q.Yqlu@ina Black oak
510 Zelk
.,gMq.R@r;:Ata_ Japanese Zelkova
511 Z@ikov -a_ser-rata. 'Green Vase' 'Green Vase' Zelkova
512 Zel va se rata 'Village Green' 'Village Green' Zelkova
513 COLUMNAR TREES
514 Botanical Name Common Name
515 Ace-r --P.;LSt-Anoi@s-'Columnarel Columnar Norway Maple
516 Ace-r-rubrRm- 'Columnare, columnar Red maple
517 X,,c-er saccharum 'Columnare, columnar Sugar Maple
518 9!lgl:gAq.-robuE-'Fastigiatal Upright English Oak
519 'Not - Trees that c be utilized are not I
t4-ctSSq-llsted.
520 Rev. 3/21/90
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CODE OF THE CITY OF VIRGINIA
3 BEACH, VIRGINIA, BY ADDING APPENDIX
4 E TO ESTABLISH REGULATIONS AND
5 REQUIREMENTS FOR TREE PLANTING,
6 PRESERVATION AND REPLACEMENT ON
7 RESIDENTIAL LOTS AND ALONG
8 RESIDENTIAL STREETS FOR NEW
9 SUBDIVISIONS
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
11 BEACH, VIRGINIA:
12 That the Code of the City of Virginia Beach, Virginia, is
13 hereby amended and reordained by adding an Appendix E which shall
14 read as follows:
15 Section 1.1. NARRATIVE
16 Trees are proven producers of oxygen, a necessary element for
17 the survival of man. Trees appreciably reduce the ever-increasing
18 and environmentally-dangerous carbon dioxide contents in the air,
19 and they play a vital role in purifying the air that man breathes.
20 Trees precipitate dust and other particulate airborne
21 pollutants to settle on the ground.
22 Trees, through their root systems, stabilize the water table
23 and play an important and effective part in soil conservation and
24 erosion control.
25 Trees are an invaluable physical and psychological
26 counterpart to the urban setting, making urban life more
27 comfortable by providing shade and cooling of the air and land,
28 and reducinq noise levels and glare.
29 The City Council of Virginia Beach has determined that the
30 planting and preservation of trees within Virginia Beach is not
31 only desirable but essential to the present and future health,
32 safety and welfare of all the citizens.
33 Section 1.2. INTENT
34 It is the intent of the City of Virginia Beach to require the
35 planting of trees on residential lots and along residential
36 streets, within new residential developments. It is further
37 intended to perpetuate tree growth through these provisions, to
38 encourage tree preservation, provide adequate tree canolpy and
39 numbers, in the best interests of the health, safety and welfare
40 of present and future citizens.
41 Section 1.3. DEFINITIONS
42 For the purposes of this ordinance, certain terms are defined
43 as follows:
44 CALIPER: The diameter of a tree measured six (6) inches above
45 existing grade.
46 CANOPY COVER: The crown "branch" area of a tree measured in
47 square feet after ten (10) years from installation as specified in
48 this ordinance.
49 CULTIVAR: A "variety" of plant denoting an assemblage of
50 cultivated individuals which are distinguished by any significant
51 characteristics and which, reproduced, retain their distinguishing
52 characteristics.
53 DRIP LINE. An imaginary, perpendicular line that extends downward
54 from the outermost tips of the branches to the ground.
55 LOT SIZE: That portion of the lot allowed for use in determining
56 the minimum lot size requirements as stated in section 200 of the
57 City Zoning Ordinance.
58 @TI-STPJ4 TREE: A tree having more than one stem "trunk"
59 emerging from the root system.
60 RESIDENTIAL LOT: A piece or parcel of land abutting on a street
61 and created by proper legal instrument upon which is to be built
62 one or more dwelling units and shall include single family
63 condominiums.
64 RESUBDIVISION: Subdividing an existing subdivision to change the
65 shape or size of the lots without increasing density.
66 SPECIES: The unit in the botanical classification of plants.
67 STANDARD TREE: A tree grown with a single erect stem.
68 TREE: Any self-supporting woody plant of a species which normally
69 grows, in Virginia Beach, at a commonly accepted maturity, to an
70 overall height of a minimum of fifteen (15) feet.
2
71 Section 1.4. APPLICATION
72 The terms and provisions of this ordinance shall Annlv to
73 property as follows:
74 A. Residential
75 1. All residential lots shall have trees planted, or
76 canopy cover prov ded, based upon the following
77 reauirements by lot size:
78 a. 1 - 4,999
79 (1) One (1) small tree Per attached townhouse
80 interior lot.
81 (2) Two (2) small, or medium, trees for
82 attached townhouse end lots.
83 (3) Abutting street side:
84 one (1) small tree per attached townhouse
85 interior lot.
86 Two (2) small, or medium, trees for
87 attached townhouse end lots.
88 (4) Two (2) small or medium trees for all
89 other lots
90 b.- 5,000 - 7,499 scluare fe.et
91 300 square-foot canopy cover
92 C. 7,500 - 9,999 square feet
93 400 square-foot canopy cover
94 d. 10,000 - 14,999 square feet
95 600 square-foot canoidv cover
96 e. 15,000 - 19,999 square feet
97 750 squar
98 f. 20,000 - 29,999 square feet
99 900 square-foot canopy cover
100 g. 30,000 - 39,999 square feet
101 1,000 square-foot canopy cover
102 h. 40,000 - 87,119 square feet
103 500 square-foot canopy cover for each one-half
104 acre
105 i. 87,200 square feet and greater
106 2,000 square-foot canopy cover
3
107 2 . Trees shall be selected from the Specifications and
108 Standards and shall be a minimum of five (5) to six (6) feet in
109 height for small trees at the time of planting and wo (2) inches
110 to two and one-half (2 1/2) inches caliper for medium and large
ill trees at the time of planting. Plantinq shall be accOm2lished in
112 accordance with the Specifications and Standards.
113 3. Existing or relocated trees on individual lots may
114 be used to satisfy Section 1.4.A. provided that:
115 a. The trees meet or exceed the quantities
116 required for lots 1 to 4,999 square feet or
117 canopy cover as listed in Section 1.4.A.I.;
118 and
119 b. The trees have been protected in accordance
120 with Section 1.4.A.5. during construction and
121 are physically and structurally in good
122 condition per the City Arborist or his
123 designee.
124 C. Trees that have canopy extending over
125 adjoining lots will receive credit for only
126 that portion of canopy covering the lot from
127 which the tree is growing. Credit for canopy
128 cover will be given when trees on adjoining
129 lots have canopy extending over an individual
130 lot, but only that portion extending will be
131 credited towards the required canopy cover for
132 the individual lot. Canopy cover for street
133 trees shall be credited toward residential
134 lots in the amount of area on the individual
135 lot measured from the right of way line.
136 4. Non-Acceptable Trees: Trees selected for
137 residential use shall not be of a specie, variety
138 or cultivar from the non-acceptable tree list, in
139 the Specifications and Standards.
140 5. Tree Protection during Construction: Existing
141 trees that are to be used to meet the requirements
4
142 of Section 1.4 shall be protected in accordance
143 with the follow
144 Before construction activity beqins,
145 protective barri ... mil,,t- be securelv in t)lace.
146 minimum undisturbed areas shall be determined
147 by multiplying the tree's Diameter Breast
148 Height (DBH), measured at four and one half (4
149 1/2) feet, by one (1) oot. This is the
150 minimum diameter that must be left undisturbed
151 around each tree. This ximately
152 the area of the outermost branches (drip
153 line). All construction activities shall be
154 prohibited within the minimum undisturbed
155 areas, provided for any tree(s) for which
156 credit i ling the
157 residential canopy reauirements. All
158 temporary construction activities shall also
159 be prohibited within the minimum undisturbed
160 areas, including all excavating, filling,
161 trenching, construction storage and dum@,
162 and parking of construction equipment/vehicles
163 or employee vehicles.
164 6. Bond: Prior to the issuance of any subdivision
165 permit, the developer shall provide a performance
166 bond with surety, cash escrow, irrevocable letter
167 of credit, any combination thereof, or such other
168 legal arranqement acceptable to the cit orne
169 to cover the costs of such trees and their
170 planting. Should the city be required to take
171 action to see that the trees are purchased and or
172 planted, the city may collect from the developer
173 for the difference should the amount of the
174 reasonable cost of such action exceed the amount of
175 security held.
5
176 7 insoection: All lots shall be inspected and
177 approved prior to the release of the bond.
178 Individual sections of subdivisions may be
179 inspected and bond release authorized. I tion
180 shall be performed by the city arborist or his
181 designee.
182 B. Street Tree Plantinq
183 1. Trees shall be planted within all public rights of
184 way in conjunction with new residential
185 except resubdivisions, undeveloped rig f wa
186 and townhouse developments where the street design
187 does not provide greenspace for street trees.
188 Trees shall be planted in accordance with a Master
189 Street Tree Plan, Section 1.4.B.4., that is to be
190 included with the subdivision construction plans.
191 The Master Street Tree Plan is to be ed in
192 accordance with Section 1.4.B.4. and ed b
193 the City Arborist.
194 2. All street trees shall be a minimum of one and
195 three-fourths (1 3/4) to two (2) inch caliper at
196 time of planting for standard trees a
197 feet to six (6) feet in height for multi-stem trees
198 at time of planting. Trees shall be guaranteed to
199 be in good physical condition as determined by the
200 City Arborist or his designee, for a period of one
201 (1) year by the developer. The one-year period
202 shall commence from the time of final inspection.
203 3. Tree Selection: Trees shall be selected from the
204 Specifications and Standards. Tree selection shall
205 be small or medium size and spaced according to the
206 Recommended List of Street Trees in the
207 Specifications and Standards when distance between
208 sidewalk and curb is four (4) feet. Tree selection
209 shall be medium or large size and spaced according
210 to the Recommended List of Street Trees in the
6
211 Specifications and Standards where the distance
212 between sidewalk and curb is greater than four (4)
213 feet or if a sidewalk is not required.
214 4. Master Street Tree Plan: A Master Street Tree Plan
215 shall be prepared and contain the following
216 information:
217 a. A landscape plan drawn to the same scale as
218 the subdivision plan showing the location and
219 spacing of all trees t anted.
220 b. Botanical names, common names, sizes and
221 quantities.
222 c Planting details.
223 d. Location of all curb lines, sidewalks and
224 major utilities. Utilities conflicting with
225 placement of trees shall require an adjustment
226 of tree spacing. When adjustment is
227 necessary, spacing shall not exceed the
228 maximum allowable spacing. No trees shall be
229 placed within ten (10) feet of a street light
230 pole nor encroach within the visibility
231 triangle as defined by S 201(f) of the City
232 zoning ordinance. Generally, a minimum of
233 four (4) feet of green space on either side of
234 sidewalk shall be required.
235 e. Trees on residential lots shall not be used to
236 meet the requirements of Street Tree Planting,
237 except when a lot or group of lots are heavily
238 wooded and the planting of street trees would
239 physically conflict with the canopy of the
240 residential trees. The Street tree
241 Requirements may be deleted in these areas
242 only. The City arborist or his designee shall
243 determine if such a conflict exists.
244 5. Bonding: A bond for trees and installation shall
245 be required to cover the guarantee period.
7
246 C tion-.
247 1 The reouirements of section 1.4 of this a dix
248 sh to resubdivisions or to unimproved
249 ri f wa -
250 2. The requirements of section 1.4.B shall not apply
251 to townhouse developments where the street design
252 does not Provide reenspace for street
253 trees.
254 D. Compatibilitv with Best Manaqement Practices (BmpS). In
255 no cas bdivision be approved wherein the
256 desiqn calls for the planting of trees vtr anv
257 underqround water retention areas.
258 Section 1.5. violations and Penalties.
orovisions of this
259 Any person who violates anv of the .
260 ordinance shall. upon conviction thereof, be gu of a
261 misdemeanor punishable by a fine of not less than ten dollars
262 ($10.00) nor more than one thousand dollars ($1000.00). Each day
263 that a violation continues shall be considered a separate offense.
264 Section 1.6. variances and Avveals.
265 A. The citv manaqer is authorized, upon a2peal in specific
266 cases, to grant a variance from the terms of the
267 ordi.nance as will not be contrary to the 2ublic
268 interest, when owing to special conditions, a literal
269 enforcement of the provisions will result in
270 unnecessary hardship, orovided that the spirit of the
271 ordinance shall be observed and substantial justice
272 done, as follows:
273 1. Strict application of the terms of the ordinance
274 will effectively prohibit or unreasona restrict
275 the use of t ert .
276 2. Granting of such variance will alleviat earl
277 demonstrable hardship approachinq confiscation as
278 distinquished from a special Privilege.
8
279 In authorizing a variance the city manager may impose
280 such conditions as may be necessary in the public
281 interest.
282 B. It is further provided that anV decision of the city
283 manager may be modified, reversed or affirmed by the
284 city council upon at)t)eal by any aggrieved party to such
285 decision, if such appeal is filed within thirty (30)
286 days@ of such decision.
287 C. Final decision under this ordinance shall be subject to
288 review by the appropriate court of record, if filed
289 within thirty (30) days from the date of council action.
290 Adopted by the Council of the City of Virginia Beach,
291 Virginia, on the 11 day of June 1990.
292 RRH:jk
293 5/15/89
294 NEW/lmt/ccm
295 5/23/89
296 5/30/89
297 5/31/89
298 6/20/89
299 7/19/89
300 8/22/89
301 10/10/89
302 10/30/89
303 10/31/89
304 11/27/89
305 12/1/89
306 02/26/90
307 CA-3336
308 \ORDIN\PROPOSED\49-OOO.PRO
9
A RESO=ON M ADOPI' SPBCIFICATIONS
AND APPUCABLE TO =
RESIDD= MM PRESMM-
TION AND REPLA ORDINANCE
the @il of the City of Virginia Beach has adcpted
o which requires the planting, pr-tion and/- repla-t of
trees on residential lots and along streets in residential subdivisions, and
WHEREAS, the @il desires to adopt specificatiorls and standards
to be utilized in the inplemntation of that ordinance
RE BE IT RESOLVED BY THE COUNCIL OF THE = OF 'V@nM
BEACH, @DTIA, =:
,Ihe Residential piM Specifications and Standards attadied
hereto as Exhibit A are hereby adcpted as the official specifications and
standards to be utilized in the administration and enforcmmt of the
Residential T'ree Planting, Preservation and Repla@t
Adopted by the Cm=il of the City of V@inia Beadi, Virginia, on
th day of June 1990.
12
RESIDENTIAL LANDSCAPING SPECIFICATIONS AND STANDARDS EXHIBIT A
Trees required by Appendix E of the Code of t
Virginia Beach pertaining to tree planting, preservation and
replacement on residential lots and along residential streets for
new subdivisions shall be provided in conformance with the
following criteria:
A. Quality: All trees used in conformance with the
provisions of this ordinance shall conform to the most
recent addition of the "American Standard f rser
Stock" published bv the American Association of
Nurserymen. All trees shall be balled and burlapped or
contai rown.
B. Installation: All trees shall be installed in a sound,
workmanship-like manner and according to acce , ood
planting practices and procedures as hereinafter
described.
1. Settinq Trees:
All trees shou
set on six (6) inches of co
a depth that the finished qrade level of lant
after settling will be the same as that when the
tree was grown. Trees shall be planted
faced to qive the best appearance in relationship
to streets or residences. Wire and surp
from top and sides of balls should be removed.
Topsoil should be placed and comi3acted carefully to
avoid injury to roots and to fill all voids. When
13
the hole is nearly filled, add water a
and allow it to soak away. Fill the hole to
finished qrade and form a shallow saucer around each
plant bv placinq a ridqe of topsoil around the edge
of each pit. After the qround settles, additional
topsoil should be filled to the level of the
finished grade.
2. Staking, Guying and Wra2p
Stakes for supportinq trees should be two and one-
half (2 1/2) inches square or round, ht (8
feet long, pressure treated wood or painted rib-,
back posts. Steel anchors or treated wood may be
utilized in guying trees and shall be installed
equally spaced about each tree and shall be driven
vertically
one-half (2 1/2) to three (3) feet in such manner
as not to injure the ball or roots. Trees should
be fastened to each stake at a height of about five
(5) feet be means of two (2) strands of wire. Wire
for guys or fasteninq trees to stakes should be
No. 12 gauge vanized steel. Hose to
encase guys or wires, used for fasten
stakes, should be two-ply reinforced r
hose. Wrappinq for tree trunks should be kraft-
paper wrap. Trunks of all shade trees should be
14
wrapped from the qround to the height of the first
strong complement of branches. Wrapping material
should be wound around the trunk and fastened with
twine at the base and top.
15
TREE LISTS.
A. RECOMMENDED LIST OF RESIDENTIAL TREES
BOTANICAL NAME COMMON NAME
CANOPY COVF-R
Amelanchier canadensis 100 sq. ft-
Cercid nicum Katsura Tree or all
ercis ea Bud small trees
Chioant s Whit-e Fr Tree
Cornus mas ornelian Cherry
Koeire t@eria paniculata Golden ain Tree
Lagerstroemia
nd Semi-Dwarf)
Maonolia soulangeana Saucer agno.ia
agn,lia s llata Ttar-maqnolia
Malus lowerin
Prunus serrulata Cultivars
Prunus ubhirtella pendula
Prunus Kl-l Cultivars
Stewar all stewartia
rax
14EDIUM TREES
BOTANICAL NA14E COMMON NAME CANOPY COVER
Acer campestre Hedqe maple 150 sq. ft.
or all
Acer ru rum rs edium trees
Betula alba
Betula nigra River Birch
a iai)anese White Birch
Cratae um Washinqton liawthorn
Gleditsia triacanthos inermis Thornless o
all cultivars)
Ilex opaca erican Holly
m
Nvssa svlvatica Sour Gum
Pinus @ra Tustr-ian Pine
Callerv Pear Varieties
Quercus acuta
Sawtooth Oak
dal
Live Oak
Pagoda Tree (all cultivars)
16
Tillia cordata Little Leaf Linden
(all cultivars)
LARGE TREES
BOTANICAL NA14E COMMON NAt4E CANOPY COVER
Acer platanoides Norway Maple 200 sq. ft.
(all cultivars) for all
Acer saccharum Sugar Maple large trees
(all cultivars)
Celtis (all species Hackberry
Fraxinus lanceolata Green Ash
Fraxinus lanceolata Green Ash 'Marshall's
'Marshall's Seedless' Seedless'
Ginkgo biloba Ginko (male Variety),
Maidenhair
Liriodendron tulipifera Tulip Poplar
Magnolia grandiflora Southern Magnolia
Metasequoia glyptostroboides Dawn Redwood
Pinus elliottii Slash Pine
Pinus taeda Loblolly Pine
Platanus acerifolia 'Bloodgood' London Plane
'Bloodgood' Tree
Platanus occidentalis American Sycamore
Quercus bicolor Swamp White Oak
Quercus coccinea Scarlet Oak
Quercus darlingtonia Darlington Oak
Quercus macrocarpa Bur Oak (favors moist soil)
Quercus montana Chestnut Oak
Quercus nigra Water Oak
Quercus phellos Willow Oak
Quercus robur English Oak
Quercus velutina Black Oak
Taxodium distichum Bald Cypress
Zelkova serrata Japanese Zelkova
Zelkova serrata 'Village Green' Zelkova
'Village Green'
17
B. RECOMMENDED LIST OF STREET TREES
SMALL TREES
BOTANICAL NA14E COMMON NAKE MAX. SPACING
Cercidep um Katsura Tree 20' for all
Koelreut Golden Rain Tree @mall trees
Lagerstroemia rape Myrtle (all
exceot Dwart and
Prunus serrulata
Prunus enris All Cultivars
MEDIUM TREES
BOTANICAL NAME COMMON NAKE mAX. SPACING
Acer rubrum All Cultivars 30' for all
Betula niqra River Birch medium trees
Betula Japanese White Birch
Crataegus phaenopyrum
Gleditsia triacanthos inermi Thornless Honey Locust
l@tivars)
Pyrus calleryana Callery Pear Varieties
Quercus acuta Japanese Everareen Oak
Quercus acutissima Sa t.. th Oak
Quercus robur 'Fastigiata' Pyramidal Enqiish oak
Quercus virqlniana Live Oak
Sophora iaponica Pagoda Tree (al
Tillia cordata Littl e Lear Linden
(all c
LARGE TREES
BOTANICAL NAME COMMON NAME MAX. SPACING
Acer platanoides Norwav Maple 50' for all
(all cul la rees
Acer saccharum Suqar Maple
:ultivars)
Celtis (all specie
Fraxinu@ lanceo a Green Ash
18
Fraxinus lanceolata Green Ash 'Marshall's
'Marshall's seecless' eedless'
Ginkgo biloba inko (male Variety)..,
Maidenhair
Metasequoia glypto Dawn Redwood
Platan,s acer fli:troboides Bloodgood, London Plane
'Bl ood' Tree
Quercus bicolor Swamp White Oak
Quercus coccinea Scarlet Oak
Quercus darlingtonia Darlinqton Oak
Quercu
Quercus montana Chestnut Oak
Quercus nigra Water Oak
Quercus phellos Willow Oak
Quercus robur
Qu rc velutina Black Oak
Ta:.dui!m d stichum Bald @ypress
Zelkova serrata ap ne e Z:@ kova
Zelkova serrata @Gr:.nsVas Zelkova
'Green Vase'
Zelkova serrata village Green' Zelkova
'Vi Green'
C. NON ACCEPTABLE TREE SPECIES
BOTANICAL C014MON NAME PROBLE24(S)
Acer negundo Box Elder weak wood,
short
ived, insects
Acer saccharinum Silver Maple weak wood,
insects,
shallow roots,
r 0 1 i f i C
in
Ailanthus altissima Tree of Heaven offensive odor
(male) ,
r landscape
Albizia julibrissin Mimosa mimosa Wilt
disease
Betula papyrifera Birch insects
Catall Southern Catalpa messv flowers,
seed po s
Ginko biloba Ginko (fema ant ffensive fruit
odor
Laburnum anaqyroides Golden Chain Tree envirorunental
stress
melia azedarach weak wood,
seeds, suckers
19
Morus species Mulberries obiectionable
fruit
Paulownia tomentosa seed pods
nvironmental
Picea abies tress (heat,
Picea pungens Blue Spruce stress (heat,
Pinus strobus White Pine
Pinus stris Scotch Pine envirorimental
t@ress (heat,
aina e,
insects)
White or Silver Po@ar weak wood,
diseases
Populus deltoides Eastern Cottonwood weak wood,
xtensive root
s v s t e m ,
r 0 1 i f i c
seeding
populus nigra Lombardy Poplar xtensive root
em,
short lived,
disease
Prunus serotina bjectio able
fruit,
insects
Salix willow* weak wood,
roots
ulmus americana American Elm Tu t-c h elm
disease
ulmus pumila Siberian Elm short lived,
nsects
*Street Only
20
AN ORDINANCE TO AMEND AND RBO@
AMCLE 2, SBCMON 203
OF ME = ZOND4G ORDIMANCE OF
ME CITY OF @MM BFACH, @@,
P TO OFF-sn= P@
BE rr 0 BY = COUNCIL OF THE = OF =DUA BFACH, @INIA:
not Article 2, Section 203 of the City Zoning Ordinance of the City of
Virginia Beach, Virginia, is hereby ed arKI reordained to read as follows:
Sec. 203. Off@ parking
(a) 'Ihe following specif ied uses shall @ly with the of f-street
Parking requirements designated therefore:
(1) Animal hospitals, business studios, eleemosynary and philanthropic
institutions, veter@ establishmnts, @cial kennels,
anilml pounds and shelters, wholesaling and distribution operations,
financial institutiorls other than banks, laboratories other than
@i-1, Passexig- transportation terminals and broadcast@
studios: At least one space per four hundred (400) square feet of
floor area;
(2) Auditoriums, assembly halls and union halls; cial recreation
facilities: At least one space per one hundred (100) square feet
of f loor area or at least one space per f ive (5) f ixed seats,
whichever is greater;
(3) Banks, -edit unions, savings and loans, and other such f inancial
institutions: At least one space per one hurldred twenty-f ve
(125) square feet of floor area;
(4) Botanical and zoological gardens: At least one space per ten
thousand (10,000) square feet of lot area;
(5) Bowling alleys: At least five (5) spaces per alley;
(6) Child care centers and child care education centers: At least
- sPa- Per thr- hundred (300) e feet of floor area;
(7) Churches: At least orie spaoe per five (5) seats or bench seating
sPace in the main auditorium;
(8) Cc)llege or university: At least One space per five (5) seats in
the main auditorium or five (5) spaces per classroorn, whichever is
gr-ter;
(9) Convalescent or nursing hcme; At least One space per four (4)
patient beds;
(10) Country inns: At least one space per rom provided for lodging
transients;
(11) Drive-in eating and drinking establi ts: At least one space
per fifty (50) square feet of floor area;
(12) Ddellings, single family, semi@tached, duplex and attached: At
least two (2) spaces per dwelling unit;
(13) Dwellings multi-family: At l@ two (2) spaces per dwelling
unit for the first fifty (50) units located on a zoning lot and at
least one and three quarters (i 3/4) spaces per dwelling unit for
all units in excess of fifty (50) units.
(14) Eating and drinking establisbtoents: At least one space for eadi
seventy five (75) square feet of floor area;
(15) Fating and drirking establishments accessory to a hotel: At
least one space for eadi thrr- hundred (300) e feet of floor
area in dinim area;
(16) Fraternity or sorority house, student dormitory: At least one
space per two (2) lodgincj units or one space per three (3) occupants,
whidiever is greater;
(17) Furniture or appliance stores, lmdiinery equipment, autcmotive
and boat sales and service: At least one space per nine hundred
(900) square feet of floor area;
(18) Golf courses: At least five (5) spaces per hole in the main
course;
(19) Greenhouses and plant nurseries: At least one space per one
thousand (1,000) square feet of selling area;
(20) Hcms for the aged, disable or handicapped: At least one space
per unit;
(21) Hospitals: At least two and one-half (2.5) spaces per patient
bed;
(22) Lodging units; At least one space per lodging unit;
(23) Marinas: At least one space per boat slip;
(24) medical, optical, and dental offices and clinics, and medical
laboratories: At least one space per two hundred fifty (250)
square feet of floor area;
(25) Meeting rocnis and convention hall facilities accessory to a hotel:
At least one space per twenty (20) seating capacity;
(26) museums and art galleries: Nat less than ten (10) spaces and one
additiorlal space for each three hundred (300) square feet of floor
area or fraction thereof in excess of one thousand (1, ooo) square
feet;
(27) Ni@lubs, bars, tavems, and dance halls: At least one space
per one hundred (100) square feet of floor area;
(28) Nurses hanes and similar housing for institutional eniployees: At
least one space per four (4) ts;
(29) Offices: At least One space Per two
huridred seven 270 square feet of floor area;
(30) Persorial service establi ts: At least one space per two
huridred (200) square feet of flOOr area;
(31) Printirxj and publishing establi ts: At least one space per
one thousand (1,000) square feet of floor area;
(32) Private clubs and lodges, social centers, athletic clubs and
@ial recreation facilities other than bowling alleys: At
least one space per one hundred (loo) square feet of floor arp-a;
(33) Public buildings and funeral h@: At least one space per five
huridred (500) square feet of floor area;
(34) Retail establisbments, repair establi ts, plurrbing and heating
establishmnts and service establishments other than persorial
service establishments: At least one space per two hundred (200)
square feet of floor area;
(35) Restaurants other than drive-in eating arkd dririkirig establish-
ments: At lpa--,t one space per seventy-five (75) square feet of
floor area;
(36) Sanitariums: At least one space per four (4) patient beds;
(37) Service or repair establishments, imtion picture studios, utility
installations, nunufacturing, industrial, processing, packagirxg,
fabricating, research or testing labs, warehouses establishuents,
print@, publishirig, and plumb@ and heat@ establishments; At
least one space per enployee on max@ work@ shift;
I:easle 'hoe
(38) (1) Shoipp@ centers containim more than eight (8) @ividual uses or
busines@ and located on a zonincf lot five (5) to ten (10) acres
in size shall have a otal of-
(a) one
(b) one (1) space MT two hur)dred (2
Of
(5) Pex Cent r 1-s of the f shapo
center,
(c) one (1) s=ce @ sev-f-ve 75 e f-t of f 1-r
of I
(d) one (1) sr)ace mx one huridred (100) scluare feet Of fl-r
of theaters in excess thereof.
Shoppim centers containim more than eiciht (8) -dividual -es Or
businesses and located on a zonincf lcyt ten 10 to thi 30
acres in
(a) one (1) sdace
of all uses except restaurants and th-t--
(b) one (1) space vex two hundred
of
(10 per omt or less of the total floor area of
center;
(c) one (1) SDace P
of restaurants i-n excess therec)f- and
(d) one (1) space Per one hundred (100) floor
area of theaters in excess thereof.
Shoppincf centers c)c ividual uses or
businesses and located on a zoning lot c[reater than thirtv (30)
acres in size shall have a total of:
(a) one (1) space per two hundred 1200) sauare fE
of restauran and th-t-
(b) one (1) space yer two hundred (200) sauare feet of floor area
of restaurants and theaters occuipyincf, in the aqcrrecfate.
f ifteen (15) Der cent or less of the total f loor area of the
shoiminct cen_ter -
(c) one (1) @ce mr seventy-five (75) @e feet of floor area
of restaurants in excess thereof; and
(d) one (1) space Per one h@ed (100) square feet of floor area
of theaters in cess thereof.
(iv) Notwithstandincf the forecioing Provisions, in the event the total
parking recruirement of the individual uses within a shopipim
center is less than that rec[uired @t to (i) or (ii) hereinabove,
the les@ recruir@t shall apply.
(39) Vocational, tedmical, industrial and trade schools: At least six
(6) spaces per classrocxn;
(40) Uses permitted under corditional use permits shall cctrply with the
specif ic off-street parking requirements attached to the oorditional
use permit.
(b) Gerieral standards. Any off-street parking space, including spaces
provided above the mininium required, shall have minimm ions of @
(9) by eighteen (18) feet; provided tbat minimm ioris for parallel
parking spaces shall be nine (9) by twenty-two (22) feet; provided that
within a parkincf lot or an ericlosed parking garage or structure w@-et
3:@ twentn-five (25@eet* per cent
of the spa- provided -y be d-ignated f- ct cars prcyvided that the
@imLm dimensions shall be eight (8) by seventeen (17) feet for regular
spa- - eight (8) by twenty (20) f- parallel spaces and that all such
ct car spaces be clearly Parked with the wording "@ct Cars Only".-,-
,provided further t where the width of a Dark ce abuts a street
landscaping strip and/or interior landsca@ a of the t)arkina
sPace Tnay be reduced by one and one-half (1.5) feet. Each space shall @
unobstructed, shall have access to a street and shall be so arranged that
any autcmbile my be moved without moving another, except in the case of
par@ for one and two family dwellims and i-n the @ of par@ for
eniployees on the premises. All spaces shall be provided and maintained with
an all-weather surface. Where park'M areas are illuminated, all souroes of
illumination shall be so shielded as to prevent any direct reflection
adjacent premises in residential, apartnient, or hotel districts. In addition:
(1) P-king areas for three (3) or mre automobiles shall have individual
sPa- imrked except in the case of park@ for one and two family
detached dwell@s, and spaces shall be so arranged that no
d-ectly imidental to enter@ or leavim a park@
space shall be on any public street, alley, or walkway.
(2) Minim= aisle width required for parking areas smil be according
to the following table
le Aisle Width
f-t
0-44 12
45-59 13.5
60-69 18.5
70-79 19.5
80-89 21
90 22
(c) P-king for a@sory uses. Unless otherwise specified in the
district recjulations, accessory uses shall conform to the parking requirmmts
applicable to such uses, which requiremmts shall be in addition to any
park@ required of the primipal use.
(d) Ccmmercial vehicular parking. Parking of a @ial vehicip in
-idential or a t districts shall be prohibited, except that one
@cial vehicle of one ton or less may be parked on any lot where there
is located a main building by a resident of the premises. This restriction
shall not apply to @ial vehicles during the normal conduct of @iness
or in the deliver or provision of service to a residential area. The parking
of semi-trailers for @ial or industrial storage is prohibited except
on bona fide construction sites.
(e) Requirmmts for access by disabled persons - libe follcwing require-
@ ts shall be applicable for all public and nonresidential buildings:
(1) off-street parking requirmmts for handicapped persons shall be
in acoordarr-e with the following table:
Required NL=ber of
Total Parkim in iot Aocessible ces
5 to 50 1
51 to 100 2
101 to 200 3
over 201 3 plus 1% of spaces
in excess of 200
(2) Parking spaces for disabled persorls shall have a minimm d@ion
of eight (8) by eighteen (18) feet, and have an adjacent access
aisle with a minimm dimension of five (5) feet wide. Such parking
access aisles shall be part of the accessible route to the building
or facility entrarr-e. Two such accessible parking spaces may
share a @n access aisle. Accessible parking spaces shall be
designated as reserved for the disabled by a sign showing the
symbol of accessibility. Such signs shall have the lower edge of
the sign no lower than four (4) feet above grade.
(f) Residential parkirxg requir@ts. Any area within a garage or
within an enclosed or covered space may be comted toward meetim off-street
parkirxi requir@ts except where specifically prohibited in the applicable
district r@ations.
Adopted by the Couricil of the City of Virginia Beach, Virginia, on the
11 dav of June
1990.
AN ORDDWCE TO AKEND AND REORDAIN
AIMCI.E 5, S=ON 502
OF ME = ORDINANCE
PERT TO P ONS
IN TOWNHOUSE DEVELOPMERR
BE IT O@ BY TM COUNCIL OF THE = OF @= BEACH, @DQTA:
@t Section 502 of the City Zonirxj ordinance of the City of Virginia
BP-ach, Virginia, is ed and rec)rdained as follows:
502. D icml
The following chart lists the requirewnts within the R-40 through R-5S
Residential Districts for minimm lot area, width, yard spacing and niaximm
lot coverage for simle f@ly dwell@s.
For single famity dwetlings: RESIDENTIAL DISTRICTS
R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5s
---------------------------------------------------------------------------- ---------
(1) Minimum tot area
in square fe.t: 40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
(2) Minimum tot rea
outside of water,
marsh, or wettands. 24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
(3) Minium Lot width
in feet: 125 100 100 100 80 75 50 50 50
(4) Minimum front yard
setback in feet: 50 50 50 30 30 30 20 20 20
(5) Minimum front yard
setback when adjacent
to a 40 foot right-
of-way created in
accordance with
Section 4.1(m) of the
Subdi@ision Ordinanc.
in feet 55 55 55 35 35 35 25 25 25
(6) Minimum side yard
setback except when
adjacent to a street
in feet: 20 15 15 10 10 5910 8 8 5&10
(7) Minimum side yard
setback adjacent to
a street in feet: 30 30 30 30 30 30 18 18 15
(8) Minimum side yard
setback when adjacent
to a 40 foot right-
of-way created in
accordance with
Section 4.1(m) f
the Subdivisio.
Ordinance in feet: 35 35 35 35 35 35 23 23 20
(9) Minimum rear yard
s.tback except for
accessory structures
in feet-. 20 20 20 20 20 20 20 20 20
(10) Minimum rear yard
setback for accessory
structures only in
feet: 20 15 15 10 10 10 10 10 10
(11) maximum tot coverage
in percent: 25 25 25 30 30 35 40 35 40
(12) maximum buitding flo.r
area expressed as a
percentage of maximum NA 200% NA
aLlo.abie lot c.ver.ge: NA NA NA NA NA NA
The following chart lists the requirements within the R-5D and R-SR
Residential Districts for minimum lot area, width, yard spacing and
maximum lot coverage for duplex and semi-detached dwellings.
(b) For duplex and semi-detached dwellingb in the R-5D and R-5R Residential
Districts
DuplexeB Semi-detached
-------------------------------------------------------------------------------
(1) Minimum lot area 10,000 square feet 5,000 square
feet
(2) Minimum lot width 75 feet 35 feet
(3) Minimum front yard 20 feet 20 feet
(4) Minimum front yard set-
back when adjacent to a
40 foot right-of-way in
accordance with Section
4.1(m) of the Subdivision
ordinance: 25 feet 25 feet
(5) Minimum side yard except
when adjacent to a street 10 feet 10 feet
(6) Minimum side yard when
adjacent to a street 20 feet 20 feet
(7) Minimum side yard set-
back when adjacent to a
40 foot right-of-way
created in accordance
with Section 4.1(m) of
the subdivision ordinance: 25 feet 25 feet
(8) Minimum rear yard 10 feet 10 feet
(9) Maximum lot coverage 35 percent 35 percent
(10) Maximum building floor
area expreSBed as a
percentage of maximum
allowable lot coverage 200 percent 200 percent
The following chart lists the requirements within the R-2.5 Residential
Districts for minimum lot area, average lot area, lot width, yard spacing,
maximum lot coverage and maximum number of units that can be attached for
attached dwellings (townhouses).
(c) Fr attached dwellirxgs( OU-): @idential DistriCtS
R-2.5
Min 1,400 @e f-t
(1) i- lot feet
(2) Av-age minimum lot arp-a 2,500 square
(3) Minimum 10t width interior lots 20 feet
lot width ior lots 30 feet
(4) 30 feet
(5) minimm front Yard 15 f-t
@6
(7) inct ide yard lots
when nt adjacp-nt to a street 10 feet
rear yard dwellings 20 feet
rear yard a--rY feet 5feet
baildings less than 100 square
(lo) lot coverage 40 percent
@l @l* Maximum n of attadied dwellings
that my be constru@ in any one
gr I without required side yards 6units
(12) fl-@ Any side yards adjacent to a street shall be a minim= of 30 feet
except when adjacent to a 40 foot right-of-way created in accordance
with section 4.1(m) of the Subdivision ordinance, then a 35 foot side
yard is required.
The following chart lists the requirenients within the R-40 through R-2.5
Residential Districts for minimlira lot area, width, yard spacing and maximm lot
coverage for uses and structures other U= clwellims-
(d) For us.s other th.n dweltings: RESIDENTIAL DISTRICTS
R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5
--------------------------------------------------------------------------------------------
(1) minimum Lot area
i. square feet: 40,000 30,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000
(2) minimum Lot area
outside of water,
m.rsh, or wetlands. 24,000 24,000 20,000 15,000 10,000 10,000 10,000 10,000 10,000 10,000
(3) Minimum lot width
in feet: 125 100 100 100 100 100 100 100 100 100
(4) minimum front yard
setback in feet: 50 50 50 30 30 30 30 30 30 30
(5) minimum front yard
setback in feet when
.djacent t. a 40
foot right-of-way
cre.ted in accordance
with section 4.1(m)
of the Subdivision
Ordinance in feet: 55 55 55 55 35 35 35 35 35 35
(6) Minimum side yard
setback except when
adjacent to a street
in feet; 25 25 25 25 20 15 15 15 15 15
(7) Mini..m rear yard
setback in feet: 25 25 25 25 20 15 15 15 15 15
(8) in lot 25 25 25 30 30 40 40 40 40 40
(9) RY @ @ tD a street .4ml 1 be a cf 30 feet.
(e) Nonconforming lOtB:
(1) Where a lot haB leas than the minimum requirements for the R-5S
Residential District and said lot has continuously been a lot of
record, in single and separate ownership from adjacent property,
prior to and since the passage of this ordinance, said lot may be
developed for any purpose permitted within the R-5S Residential
District.
(2) However, if the owner of a lot which does not meet the minimum
requirements of the R-5S Residential District, is the owner of or
becomes the owner of another substandard lot adjacent to it and
located in the same R-SS Residential DiBtrict, he is not entitled
to the exception in (1) above. In this instance, the owner of the
two (2) or more adjacent substandard lots must combine the two (2)
or more lots to form one which will meet or more closely approximate
the frontage and area requirements of the ordinance applicable
within the R-5S Residential District.
(3) The owner of contiguous substandard lots is prohibited from conveying
one or more of the substandard lots with the result that both the
grantors and the grantee possess lots entitled to an exception
from the minimum lot requirements.
(4) Status as a single and separate owner may not be acquired after
enactment of this ordinance by Belling a parcel and reducing the
remainder below the minimum lot requirements nor may an owner of
several contiguous nonconforming parcels combine them so as to
leave a substandard lot, and assert the right to exception in (1)
above.
For the purposes of this section, lots are not regarded as adjacent
where they form an "L", part of one being contiguous to the other.
Adopted by the Council of the City of Virignia Beach, Virginia, on
the day of June 1990.
AN OIZDDMCE TO AMEND AND RBORDAIN
A=CLE 6, SBCRION 602
01@' ME CrN CMD4ANCE
PEFG TO P ONS
IN SE DEVELO
BE IT 0 BY @ CDUNCIL OF ME = OF @@ BEACH,
@t section 602 of the city zoning ordinance of the City of Vircjinia
Beach, Virginia, be amended and reordained as follows:
602. Di=Mi@
@ following cbart lists the requirenents within the A-12 thr@ A-36
Apartmnt Districts for minim= lot area, width, yard spacing and nexi=
lot caverage for semi-detached dwellings.
(a) For semi-detached dwellings: AP DI=CIS
A-12 A-18 A-24 A-36
(1) Minimm lat area in square feet: 6,500 6,500 6,500 6,500
(2) Minimm lot width in feet: 60 60 60 60
(3) Minimum front yard setback in feet: 30 30 30 30
(4) miniimm side yard setback in feet: 15 15 15 15
(5) Minimum rear yard setback in feet: 10 10 10 10
(6) maximm lot coverage in percent: 30 30 30 30
The following lists the requirements within the A-12 through
A-36 Apartnient Districts for lot area, width, yard spacing and
'maximLun lot coverage for duplex dwellings.
(b) For duplex dwellirxgs: AP DI=CRS
A-12 A-18 A-24 A-36
(1) minimum lot area in square feet: 10,000 20,000 20,000 40,000
(2) Minimum lot width in feet: 75 100 100 200
(3) Mininin front yard setback in feet: 30 30 30 30
(4) Minimum side yard setback in feet: 10 10 10 8
(5) Min@ rear yard setback in feet: 10 10 10 10
(6) MaximL= lot coverage in percent: 30 30 30 30
The followirxg chart lists the r@ @ts within the A-12 through
A-24 Aparb-t Distri@ for minimum lot area, width, yard spacing,
-- lot coverage, maxu= density and @ n of units
constructed in a single buildirxg for single faiuily attached dwellings
(tawrihousp-s) .
(c) For attached dwellirxgs (townhouses): AP DISIRICRS
A-12 A-18 A-24
-- - ----- - - - - --- - --- - ----- ---
(1) Mini= lot area in square feet: 1,400 1,400 1,400
(2) minimlun average lot area in e feet: 2,500 2,500 2,500
(3) minimm interior lot width in feet: 14 14 14
(4) minimm exterior lot width in feet: 30 30 30
(5) front Yard setback in feet: 30 30 30
(6) Min@ front yard @tback where all
recruired narking is loravided in the rear,
in feet: 15 15 15
@7 min@ side yard setbac5, in feet: 10 10 10
(8) Minu= rear yard setback for dwellings
in feet: 20 20 20
(9) rear yard setba@ for a ry
buildincjs of less than 100 sq. ft., in feet: 5 5 5
(10) Maximm lot (mverage in r)ercent: 40 40 40
(11) Maxumzn density in dwelli@s per acre: 12 18 24
(12) @l-l-+ Maximm number of attached dwell@s in
one group without side y@ setbacks: 6 6 6
,Ihe following chart list-,; the requirements within the A-12 thrc>ugh
A-36 Apartment Districts for minimm lot area, width, yard spacing,
maximm lot coverage ar)d maxirum density for multiple family dwellings.
(d) For multiple family dwellings: AP DIS=CRS
A-12 A-18 A-24 A-36
- - - - --------- - ----------
(1) MinimLirn lot area in square feet: 10,000 20,000 20,000 40,000
(2) Mininn lot width in feet: 100 100 100 200
(3) Minimam front yard setback in feet: 30 30 30 30
(4) MinimLim side yard setback in feet: 10 10 10 8
(5) Mininium rear yard setback in feet: 10 10 10 10
(6) Maxinun lot coverage by buildings
and parking, excludim recreational
buildings and surfaces in percent; 40 50 60 75
(7) Maximm derisity in dwellings per acre: 12 18 24 36
-Ihe following lists the r@mmts within the A-12 through
A-36 Apartmnt Districts for ' '@ lot ar-, width, yard spacing,
maximm lat coverage and maxirmun floor area ratio for uses and structures
other than dwellirxjs.
(e) For uses other than dwellings: AP DIS=CIS
A-12 A-18 A-24 A-36
(1) Minimm lot area in square feet: 40,000 40,000 40,000 40,000
(2) Mininm lot width in feet-. 150 150 150 200
(3) Minimmn front yard setback in feet: 30 30 30 30
(4) Mininn side yard setback in feet: 15 10 10 8
(5) Minimm rear yard setback in feet: 15 10 10 10
(6) Maximm lot coverage in percent: 30 30 30 30
(7) Maxi= floor area ratio to zoning
lot area: 0.3 0.7 0.7 1.1
(f) Any vard adjacent to a street within the A-12 through A-36 Apartment
Districts shall be a minium a thirty (30) feet.
Adopted by the Council of ttm City of virgim'a Beach, Virginia, on
th 11 day of une , 1990.
A
AN ORDINMCE To AMEND AND RED
SBMON 4.1 OF UE SLIBDIVISION ORDINANCE
PERr TO RI F-VAY AND PAVEMENR
BE IT 0 BY ME MNCIL OF MO CITY OF @INIA BEACH, @INTA:
That Section 4. 1 (m) of the subdivision ordinance be ed and reordained
as follows:
(i) Street ricjht-of@y widths shall be as specified in officially
adopted elenients of the Cmprehensive Plan relating to streets.
Where not shc>wn therein, pav@t widths and right-f-y
widths for public streets shall be in relation to the proposed
density and/or the land use of the property adjacent to the
roads and within the parcel sought to be subdivided, but in
no case, be less than as follows:
MinimLirn Paved
Width
Mininm R/W (face to face
Width of curb)
(feet) (feet)
Arterial 80 52
Collector 60 36
Minor
a. h. Serving ial or 60 36
industrial uses
b. Serving residential lots
of 7,500 square feet or
rore, or fewer than 10
lots of less than 7,500
@e feet on a cul-de-
sac, or 10 lots or Tmre of
less than 7500 @e feet
where adecruate legal
assurance has rovided
that all rectu
on lots served by ch street
shall be at least 18 feet
wide 50 30
c. serving 10 or mre resi-
dential lots of less than
7,500 square feet 60 36
d. @ing ouse lots in
the R-2.5 zoning category 50 30
Marginal Access 40 30
Alley 24 20
Residential cul-de-sac 40 30
M-t SectiOn 4. 1 (n) of the @,i,in Crdinance be amended and reordained
as follows:
(n) Except in plarmed unit d,,el t estab.1,
the ZO@ -d--, @ @-r the t,, f
public streets naro,,r thn th, city,s s
sole or wdt'- - d-ibp-d in PrOvision 4. 1 (m) of this pr-iding
pr@ access to two (2) or @e lots are permisibl, only whe're
topographic oonditions will -t permit public streets with widths as r@ed
above,
trees,
met:
ha
uSnuich s -t s " serve -t tw-ty (20) dwell@
(2) minimum width of th, @tt
-t and -Y bp- r ed to be
shall be twenty (20) f f- for such street
'f n f- installation and servic of utilities
outsi-de the ing
-ea of the driv@ @,,ce. @-- rved wdth
shall be eicjhteen (18) fet.
(3) hundred f ifty (550)
require such greater
(4) Design, location and iT(PrOv@t @ll @ide for safe
inters-tion with Public streets, safe passage Of public
sP-rvice and -"ency vehicl-, and Protection of adjo@
prcper-ty.
(5)
have a circ gul shall
4.1(p) of this ordinance. ion
,4dcpted by the council of the CitY Of Vircjilia Beach, vircjinia, on
the day of June 1990.
- 30 -
Item IV-I.I.I.2.
PUBLIC HEARING
PLANNING ITEM # 32967
Upon motion by Vice Mayor Fentress, seconded by Councilman Sessoms, City
Council ADOPTED, AS AMENDED:*
Ordinance to AMEND and REORDAIN the Subdivision
Ordinance:
Section 5.5: Requirements for curbs, gutters,
storm sewers and drainage
*Amendment distributed by Robert Scott, Director of Planning, accompanied by
his letter of June 11, 1990.
Councilwoman Henley requested this Ordinance be returned to the City Council
Session of June 25, 1990, for consideration of a further amendment regarding
Section (c) (v). "The property owner will further agree not to petition the
city to install curbs and gutters at a later date".
Voting: 7-3
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Reba S. McClanan, John
L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Mayor Meyera E. Oberndorf and
Nancy K. Parker
Council Members Absent:
John D. Moss
AN ORDINANCE 'IO AMEND AND REO
SECMCN 5.5 OF THE SUBDIVISION ORDINANCE
P M CLJRBS AND GLTITERS AND
SMM4 SEWERS AND D E
BE IT BY THE COUNCIL OF THE CITY OF V=@ BEACH,
@t Section 5.5 of the Subdivision ordinance be ed and reordairied
as follows:
Sec. 5.5. and
Every subdivision shall have a drairkige system ad@te for the type of
development proposed and so related to existing or potential '-q
devel t as to form a logical part of the coordinated system zing
potential drainage problems for the general area. No plan or developnent
shall take such form as to create potential or actlial inipoundment of water
on, or discharge of water onto, adjacent property in such a as to (a)
affect adversely existing develo@t, or (b) increase problenis of future
dp-velopment on such adjacent property, except with the written and recorded
consent of the adjoining prcperty cwners aff and the approval of the
Department of Public Works.
Th these ends, the DeparbTient of Public works is ered to require
such cbanges in plans or to establish such m== and maximlim elevations
and gradients in particular subdivisions or to require eitployment of such
measLires as on-site retention of storm water as necessary to provide for
orderly and efficient development of coordinated drainage systems, even
though the dralmge proposed for a particular @ivision might be adequate
for the subdivision itself. In addition, where adjoining lands are in
districts with varying @ovement requirements or in other cases where
similar adjustments are , the De t of Public Works is ered
to establish such transitional requir@ts as to types of curbs and gutters,
storm dralm and the like as are appropriate and reasonably in the
circumstances of the case.
(a) [Curbs and gutters] Curbs and gutters built to specifications of
the De t of Public Works, as approved by the council of the
City of Virginia Beach shall be required on all strep-ts, except
when it is de by the director of Public Works that existing
soil or site conditions would rake this reqairement inpractical or
where the use of best @cfemmt t)ractices is better promted
otherwise, in which case a waiver or modification my authorized
provided, however, that any such waiver or modification shall be
put into writ@ and imlude the reasons therefor and be made a
part of the pernanent application record.
(b) Storm sewers and drainage. Where required by the director of Public
Works, underground storm sewers @ting specifications of the
De t of Public works, as approved by the council of the
City of virginia Beach, shall be installed-exoept where such
recruir@t is waived or @ified under the ;r@-visions set forth
in Section 5.5(c).
of i, El@ere open draimge
ways @ting specif ications of the departrnent of public works, as
approved by the @il of the City of virginia Beach, shall be
used.
(c) Ihe director of the De t of Public Works shall nsider and
my amrave a waiver or modification to the rerruirements set forth
in Sections 5.5(a) and 5.5(b), for a subdivision, provided
the followincf are ret:
(i) each lot in the subdivision shall be no less than fifteen
thousand (15,000) square feet in area;
each lot shall provide area for no fewer than four (4) on-
site parking st)a@
all opm drainage system shall be Provided and desic[ned in
accordance with the perfo standards and desicfn criteria
of the Stonvater manacfement ordinance;
(iv) the Proposed system of oren or natural draimcfe ways shall be
an awroipriate m=nent of a natural area protection plan
to be approved for the subdivision as of the process for
granting a waiver or modification under this section. Such
natural area i)rotection plan shall irr-lude: a tree inventory/
protection iplan; a wetlands inventory/protection ]plan; pravision
for the iprotection or creation of a riatural area buffer of
sufficient width to prevent erosion, trap sediment in overland
runoff, Provide neces@ raintenance aocess and ipravision
for the protec:tion of any other significant rkatural features,
including topographic relief;
(v) the continued functionincr and integrity of all open drainage
systeim and other @nents of a natural area i)rotection
t)lan not within the Public right@f-way shall be ensured
throu@ deed restrictions, covenants or other means;
application for waiver or maification to curb and crutters
and /or storm sewers and draimqe imy be considered in con-lury-tion
with recruest for redliced paymmt widths as set forth under
Section 4.1(m)(ii) of this ordinance.
(d) [Indemnification of city) Developer will indemnify, keep and
hold the city, and its agents and eniployees, free and harmless
frcm and against all contractual liability of developer and frcm
and against all claims on account of injury to developer or any
other person, firm or corporation, or damge to the prcperty of
the developer, purchaser or any other person, firm or corporation,
and will defend the city, and its agents and enployees, against
all actions and settle all claims, damages, losses and experlse arising
frcm or growing out of the city's approval of the design, construction
and/or installation of the said drainage systein.
Adcpted by the Council of the City of Virginia Beach, Virginia, on
the 11 day of June -1 1990.
- 31 -
Item IV-1.1.m.l-
PUBLIC HEARING
PLANNING ITEM # 32968
Upon motion by Councilman Baum, seconded by Cuncliman Heischober, City Council,
ADOPTED, AS AMENDED*:
Ordinance to AMEND and REORDAIN the City Zoning
Ordinance:
Article 2, Section 232(b):
Special requirements for communication
towers
*The verbiage in Item (B) (1) was amended to read:
"Additionally, no tower may be located closer than
two hundred (200) feet from an existing residential
structure, regardless of the district In which the
structure is located."
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John D. Moss
AN ORDMMCE TO AMEND AND PM
AMCIE 2, SECRION 232(b)
OF UM CM ORDINANCE
PERT TO SP S
FOR CATION
BE rr 0 BY @ OC)LINCIL OF @ CrrY OF @@ BFACH,
@t Section 232(b), Special requiremnts, of the City Zonincl ordinar)ce
of the City of Virginia Beadi, Virginia, be, and hereby is, ed ar)d
reordained to read as follows:
(b) Special Requirenients.
(1)
aF,y- use -or
as set out in EIA-222 D "Structural
Antenna Tcwers ing Stru ures" lished
1987, as the sam my from time to thm be or revised
then the Tnini- setback reciuir@t from the ba- of the
o@wer to anv cientia-L @or
district shall be ecfual to one hur)dred and ten (110) rer@t
of the height of the tower. A rerort ce-rtifyincr t these
stru-tiiral recruiremnts will be mt @t be submitted with
the conditional use permit application. Where the tower
meets the stru -tural cri tp-ria (x2tlined above, e miniml-
side and rear yard setback shall be f ifty (50) feet in
residential and five (25)
feet in all other distri@. Add Tnav be
located closer than two hundred an existincr
residential stru s of the district in which
the structure s located.
(2) 'Ihe minimtzn setback requirement from the base of the tower to
any proper-ty line abutting a right-of-way of any strep-t,
office use or district, or park use shall be at least fifty
(50) feet unless a greater setback is specified due to other
r-ircumstances as a condition of approval.
(3) For property lines not abutting the above uses or districts,
the mmn= setback requirement shall be at least twenty-five
(25) feet unless a greater setback is specified due to other
circumstances as a condition of approval.
(4) More than one tower on a site shall be permitted, providing
that all setback, design, and landscape requirements are
Mt.
(5) Towers two hundred (200) feet or less in height shall have a
galvanized finish or be @ted silver. Hcwever. if am(
r Federal Aviation Administration or F eral
at r lation shall ov--
(6) Tcwers mre than two hundred (200) feet in height shall be
@ted in accordance with regulations by Federal ccmtunications
Comission iinistratic)n.
(7) Towers shall be illuminated as required by the Federal
Communications Comnission and/or Federal Aviation
Administration. However, no lighting shall be incorporated
if not reqllired by the Federal Comaunications Commission
and/or the Federal stration.
(8) Landscaping shall be required as follows:
(i) For towers two hundred (200) feet or less in height, at
least one (1) row of evergreen shrubs capable of fo@
a continuous hedge at least f ive (5) feet in height
shall be provided with individual plantings spaced not
more than f ive (5) feet apart and at least one (1) row
of evergreen trees with a min@ caliper of one and
three-fo (1 3/4) inches at tim of planting and
spaced not wre than twenty five (25) feet apart shall
be provided within fifteen (15) feet of the perimter of
the setback area required by item (1), (2) or (3) above.
(ii) For towers imre than two hundred (200) feet in height,
in addition to the requirements for landsr-aping in 8(i)
above, one row of deciduous trees, with a @imum caliper
of two and one-half (2 1/2) inches at tim of planting
and spaced not lwre than forty (40) feet a@ shall be
provided within twenty-five (25) feet of the perimeter
of the setback area required by i@ (1) , (2) or (3) above.
(iii) In lieu of the above requirements, in special cases,
includim ca@ where a recruired tree would be closer to
the tower or to a aliv wire supporting the tower than the
height Of thE applicant my prepare
a detailed plan and specifications for landscape and
-ing, including plantings, fences, walls, topography,
etc. to screen towers and accessory uses. The plan
shall acconplish the same degree of screening ar-hieved
in 8(i) or 8(ii) but maV deviate from the srecific
rec[uirmmts set forth and it shall be determined by the
Administrator of Lar@.capT Servi.. that th. publi.
interest will be @lly served lan.
(iv) All r@ed landscaping smll be installed acoo@
to established planting procedur- -ing good quality
plant materials.
(v) Where landscaping is required, no certificate of occupancy
shall be issued until the requixed landscaping is ccapleted
in accordance with the approved 1 pe pi- - certified
by an on-site inspection by the Administrator of Landscape
Services. Whp-n the of a structure is desired
prior to the ccupletion of the required landscaping, a
certif icate of occuPancY IMY bp- issued only if the
owner or developer provides to the City a form of surety
satisfactory to the City Attor-ney in an amount eclual to
the remaining plant nuterials, related matp-rials, and
installation costs (with the costs agreed to by the
Administrator) .
(vi) All required 1 pirig must be installed and aPProved
by the first planting season following issuance of
certificate of occupancy or bond will be forfeitap-d to
the City.
(vii) The owners and their agents shall be responsible for
providing, protecting, and mintaining all landscaping
in healthy and grcw@ conditions, replac@ unhealthy
or dead plant raterials within one (1) year or by the
next planting season, whichever @ first. Replacement
material shall conform to the original intp-nt of the
1 pe plan.
(9) All communication towers shall be @ject to periodic
re ion by the Deparbmnt of Pemits and Inspections.
If any additions, changes, or @fications, are to be made
to the structural diaracteristics of the tower, the Chief
Building Official shall have the authority to require proof,
through the @ssion of engineexing and structural data,
that the addition, change, or modif ication confornis to structural
wind load and all other requirmmts of the uni fom Statewide
Building Code.
(io) Where regulations and requir@ts of this ordinance conflict
with those of the Federal cations Conmussion or the
Federal Aviation Administration, the I f ederal reauir@t
shall govern.
(11) No @cial advertising ioterial shall be allowed on the
@ication tower. @ication towers containing
advertisincj imterial shall be considered a sign.
(12) Individual district recruirements for min@ lot area and lot
width notwithstandina, the following requirements for tower
sites shall at)i)lv in all districts where they are @itted
as a conditional use:
i) Minimm lot area. @ere shall be rio min@ lot area,.
except as necessary to Bmt th
or,dinance.
ii) Minimm lot width. %be @i- lot width shall be...fiftv
(50) feet measured at the tower location. when a facili
covered by th lor-ated adiacent to a
public street, a right-of@V Or --t for.. incrress
with a minim provided.
iii) Setbacks. minim- -tbacks
in conjunction with a tower shall mg
as established for the underivincf zonincfo
iv) Each lot for whi.ch these reduced reauiren-ents adoly
shall be restricted to the uses described in this sectio-n
and this restriction shall be noted on anv lat or other
d t describing su 10t-
(c) Locational criteria. In cc)nsidering approval of
ication tower site, the tion
to the
(1) Whether the application rei) es@ents a r -t for -Iti le
use of a tower or Site, Or use on a site contlauous to
an existinci site.
(2) whether the apiplication contains a repc)rt that
potential users of the site and tower h- been -ntactecl,
and that they have no current Pl-, to the best of
their ability to de e that -ld be fulfilled
!oint use.
(3) Whether the aipplir-ation shows how the tower or sitp- will
be desicfned or laid out to a te future multiiple
users.
(4) Whether the pro@ tower is to be 10cated in an
where it would be unobtrusive and would rkyt substantially
detract from aesthetics or neighborhood ch-acter, due
either to location, to the nature of sL=Oundinci @
(such as industrial uses), or to lack of visibility
caused by natural crr@ or other factor
(5) Whether. if no lprivately owned land in the area -ts
the above criteria, the application is for larxi bv
the city and leased for fair value, and which does -t
the above iteria.
Adopted by the Council of the City of Virginia Beach, Virginia,
th 11 day of June 1990.
- 32 -
Item IV-I.I.m.2-
PUBLIC HEARING
PLANNING ITEM # 32969
Timothy E. Barrow, 1928 Thunderbird Drive, Phone: 468-2717, represented the
Resort Area Advisory Cornmission and expressed concerns
Upon motion by Vice Mayor Fentress, seconded by Councilman Baum, City Council
DEFERRED until the City Council Session of June 18, 1990:
Ordinance to AMEND and REORDAIN the City Zoning
Ordinance:
Article 15, Sections 1500, 1501, 1502, 1503,
1504, 1505, 1506 and 1507: RT-1 Resort Tourist
District
Voting: 10-0
Council Members Voting Aye;
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, Reba
S. McCianan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
- 33 -
Item IV-I.I.n.1.2.3 d I.I.O-
PUBLIC HEARING
PLANNING ITEM # 32970
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council ADOPTED in ONE MOTION:
Ordinances to ANEND and REORDAIN:
SITE PLAN:
Section 3.2 of the Site Plan Ordinance of the
City of Virginia Beach, Virginia, re fees for
site plan review.
SUBDIVISION ORDINANCE:
Section 8.1: Subdivision plat fees
Section 8.3: Subdivision variance fees
CITY ZONING ORDINANCE:
Section 106: Fees for applications to the
Board of Zoning Appeals
Section 107(g): Fees for zoning amendments
Section 221(b): Fees for conditional use permit
applications
SITE PLAN ORDINANCE: Development review fees
based on Consumer Price Index.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John L. Perry
This item was MVED FORWARD to the beginning of the Planning Items.
APPR@L;, A@ T 0 @O t,TrT N T S
S!C
DE r, T
APPROVED AS TO LEGA
CITY ATTORNEY
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 3.2 OF THE SITE PLAN ORDINANCE
3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO FEES FOR SITE PLAN REVIEW
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 3.2 of the Site Plan Ordinance of the City
8 of Virginia Beach be, and hereby is, amended and reordained to read
9 as follows:
10 Section 3.2. Procedure for site development plan approval:
11 A.l. The developer shall cause to be prepared a site
12 development plan with other material as set forth in
13 sections 4 and 5.
14 A.2. At the time the site development plan is presented, the
15 following fees shall be due and payable:
16 a) Residential site plan for two (2) or more residences
17 - six hundred dollars ($699 OG) ($629.00)
18 plus twenty dollars ($20.00) per unit after the first
19 five (5) residential units.
20 b) Non-residential site plan - eight hundred thirty-
21 seven dollars ($809 00) ($837.00) plus sixty=th-ree
22 dollars ($60.Qo) ($63.00) per acre.
23 c) Duplex site plan - four hundred eighteen dollars
24 ($418.00).
25 d) There shall be no site plan review fee charged for
26 a site plan encompassing only one (1) single family
27 dwelling unit.
28 e) There shall be no resubmission fee for any site plan
29 resubmitted within sixty (60) days of the date of
30 completion of the prior review.
31 All fees shall be payable to the city treasurer.
32 B. After the site development plan, related materials and
33 fees have been submitted, it shall be reviewed and
3 4 processed by the city agent and other affected city
35 agencies for conformity to this ordinance and other
36 applicable regulations. The city agent shall act upon
37 the site development plan and related material as
38 submitted by the developer, or as modified by the site
39 development review process, within twenty (20) working
40 days, unless extensive modification to the plan or
41 extenuating circumstances require additional time, and
42 if approved, shall certify its approval and state the
43 conditions of such approval, if any, or if disapproved,
44 shall indicate its disapproval and the reasons therefor.
45 This ordinance shall become effective on July 2, 1990.
46 Adopted by the City Council of the City of Virginia
47 Beach, virginia, on the 11 day of June 1990.
48 WMM/dga
49 CA-90-3700
50 04/04/90
51 04/10/90
52 \ordin\proposed\46-302.ord
2
@IGNATUI
DEPi',R'ME@IT
APPROVED AS TO LEGAL
SUFFYQENCY
CITY A-RTORNEY
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 8.1 OF THE SUBDIVISION ORDINANCE
3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO SUBDIVISION PLAT FEES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 8.1 of the Subdivision ordinance of the City
8 of Virginia Beach be, and hereby is, amended and reordained to read
9 as follows:
10 Section 8.1. Plat fees.
11 (a) At the time preliminary subdivision plats are submitted,
12 the following fees shall be due and payable from the effective date
13 of this ordinance:
14 1) Residential two (2) lot plats - two hundred nine
15 dollars ($290 99) .00 .
16 2) Residential three (3) to (5) five lot plats - five
17 hundred dollars ($599 99) ($525.00) plus one
is hundred four dollars ($199 90) ($104.00) per lot.
19 3) Residential six (6) or more lot plats - seven hundred
20 thirty-four dollars ($734.00) plus five dollars
21 ($5.00) per lot after the first five (5) lots.
22 4) Non-residential plats - seven hundred thirty-two
23 dollars ($:;QQ 00) ($732.00) plus thirty=two dollars ($30 00)
24 ($32.00) per lot.
25 (b) At the time construction plans are submitted for
26 residential subdivisions of six or more lot plats or for any non-
27 residential subdivisions, the following fees shall be due and
28 payable from the effective date of this ordinance:
29 one hundred fifty@seven dollars ($!50.09)
30 ($157.00) plus fifty-three dollars ($59.00)
31 ($53.00) per hundred (100) linear feet of
32 roadway.
3 3 (c) At the time final subdivision plats are submitted, the
34 following fees shall be due and payable from the effective date of
35 this ordinance:
36 1) Residential six (6) or more lot plats - three
37 hundred f-if-ty sixty-seven dollars ($350,00) ($367. 00)
38 plus five dollars ($5.00) per lot after the first five
39 (5) lots.
40 2) Non-residential plats - three hundred fifty sixty
41 dollars ($950-00) ($360.00) plus thirty fi@ve dollars
42 ($30-09) ($35.00) per lot.
43 (d) If an applicant, at any time during subdivision review,
44 submits a revised plan or portion thereof, or makes a change to
45 the plan under review not at the request of the City of Virginia
46 Beach, such revision shall be accompanied by a fee of one hundred
47 five dollars ($199.09) ($105.00) per sheet that is revised or
48 changed.
49 (e) If a subdivision plat does not create a greater number
50 of lots, such plat when submitted shall be accompanied by the
51 following fees:
52 1) Residential plat - fifty t@wo dollars ($59,90)
53 $ 52 . 00 ) .
54 2) Non-residential plat - two hundred nine dollars
55 ($299,99) -($209.00).
56 (f) When a plat is submitted encompassing land within a
57 community development target area, no plat fee shall be due from
58 property owners who qualify as low and moderate income as
59 determined by the secretary of housing and urban development or by
60 the Virginia Housing Development Authority under one (1) or more
61 of their rental assistance or homeowner mortgage programs. Through
62 agreement with the city, waiver of plat fees may also be provided
63 to builders who are building under the aforementioned programs for
64 low and moderate income families.
65 (g) All fees shall be payable to the city treasurer.
66 This ordinance shall become effective on July 2, 1990.
2
67 Adopted by the City Council of the City of Virginia Beach,
68 Virginia, on the 11 day of June , 1990.
69 WMM/dhh
70 CA-90-3704
71 04/04/90
72 04/10/90
73 \ordin\proposed\sub8-l.ord
3
APPROVED AS TO LEGAL
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 8.3 OF THE SUBDIVISION ORDINANCE
3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO SUBDIVISION VARIANCE FEES
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Section 8.3 of the Subdivision Ordinance of the City
8 of Virginia Beach be, and hereby is, amended and reordained to read
9 as follows:
10 section 8.3. Subdivision variance fees.
11 Any appeal for a variance shall be accompanied by the
12 following fees to cover the costs of processing the appeal and
13 publication of the notice of public hearing:
14 From the effective date of this ordinance, t=heee handr-ed
15 eighty 94:ve four hundred three dollars ($385.90) ($403.00) .
16 This ordinance shall become effective on July 2, 1990.
17 Adopted by the City Council of the City of Virginia
18 Beach, Virginia, on the 11 day of June 1990.
19 WMM/dga
20 CA-90-3706
21 04/04/90
22 04/10/90
23 \ordin\proposed\sub8-3.ord
AP,PROV-rL) AS 'i'O
SIGNAPI
DEPARIMENT
AP"ROVED AS TO LEGAL
CITY ATTORN"Y
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 106 OF THE CITY ZONING ORDINANCE,
3 PERTAINING TO FEES FOR APPLICATIONS
4 TO THE BOARD OF ZONING APPEALS
5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That section 106 of the City zoning Ordinance of the City
8 of Virginia Beach be, and hereby is, amended and reordained to read
9 as follows:
10 Section 106. Appeals and variances.
11 (a) The board of zoning appeals shall hear and decide
12 appeals from any order, requirement, decision, or determination
13 made by an administrative officer in the administration or
14 enforcement of this ordinance. In addition thereto, the board
15 shall have such other powers and duties as are set forth in section
16 15.1-495 of the Code of Virginia; provided, however, that the board
17 shall have no authority to hear and decide applications for
18 conditional use permits.
19 (b) The membership, organization and procedures of the
20 board of zoning appeals shall be as set forth in sections 15.1-494
21 through 15.1-497 of the Code of Virginia, 1950, as amended. In the
22 event the board denies an application for a variance, substantially
23 the same application shall not be considered by the board for a
24 period of one year from the date of denial.
25 (c) Every application to the board of zoning appeals
26 shall be accompanied by a fee of one hundred five dollars ($!00 90)
27 ($105.00), which shall be applied to the costs of advertising and
28 expenses incidental to the processing of the application.
29 (d) Tn regard to article 12 and the National Flood
30 Insurance Program, variances should only be issued for new
31 construction and substantial improvements to be erected on a lot
32 of one-half (1/2) acre or less in size contiguous to and surrounded
33 by lots with existing structures constructed below the base flood
34 level, in conformance with the procedures below:
3 5 (1) Variances shall only be issued upon a showing of
36 good and sufficient cause, a determination that failure to grant
37 the variance would result in exceptional hardship to the applicant,
38 and a determination that the granting of a variance will not result
39 in increased flood heights, additional threats to public safety,
40 extraordinary public expense, create nuisances, cause fraud on or
41 victimization of the public, or conflict with existing local laws
42 or ordinances.
43 (2) variances shall only be issued upon a determination
44 that the variance is the minimum necessary, considering the flood
45 hazard, to afford relief.
46 (3) The City of Virginia Beach shall notify the
47 applicant in writing over the signature of a city official that the
48 issuance of a variance to construct a structure below the base
49 flood level will result in increased premium rates for flood
50 insurance up to amounts as high as twenty-five dollars ($25.00) per
51 one hundred dollars ($100.00) of insurance coverage, and such
52 construction below the base flood level increases risks to life
53 and property. Such notification shall be maintained with a record
54 of all variances actions as required in paragraph (4) below.
55 (4) The city of Virginia Beach shall maintain a record
56 of all variance actions, including justification for their
57 issuance, and report such variances issued in its annual report
58 submitted to the administrator.
59 This ordinance shall become effective on July 2, 1990.
60 Adopted by the City Council of the City of Virginia
61 Beach, Virginia, on the 11 day of june 1990
62 WMM/dga
63 CA-3701
64 04/04/90
65 04/10/90
66 \ordin\proposed\czolO6.ord
2
APPROV,ED,, AS TO C@@IFNTS
L
'i4 TU@@
SIC,
O, [.,-GAL
CITY AFTORNEY
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 107(g) OF THE CITY ZONING ORDINANCE,
3 PERTAINING TO FEES FOR ZONING AMENDMENTS
4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
5 BEACH, VIRGINIA:
6 That Section 107(g) of the City Zoning ordinance of the
7 City of Virginia Beach be, and hereby is, amended and reordained
8 to read as follows:
9 Section 107. Amendments.
10 ....
11 (g) Fee. A petition of any property owner to amend,
12 supplement or change the regulations, district boundaries, or
13 classification of property shall be accompanied by a fee in the
14 amount of five hundred fifty dollars ($659 99)
15 ($575.00) plus ten dollars ($10.00) per acre for each acre or part
16 thereof over one hundred (100) acres.
17 ....
18 This ordinance shall become effective on July 2, 1990.
19 Adopted by the City Council of the City of Virginia
20 Beach, Virginia, on the 11 day of June 1990.
21 WMM/dhh
22 CA-90-3702
23 04/04/90
24 04/10/90
25 \ordin\proposed\czolO7.ord
Al, TO
A P.'?, 0 V'@@ A L
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 221(b) OF THE CITY ZONING ORDINANCE,
3 PERTAINING TO FEES FOR CONDITIONAL USE PERMIT APPLICATIONS
4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
5 VIRGINIA BEACH, VIRGINIA:
6 That Section 221(b) of the City Zoning ordinance of the
7 city of Virginia Beach be, and hereby is, amended and reordained
8 to read as follows:
9 Section 221. Procedural requirements and general standards for
10 conditional uses.
11
12 (b) Fees. The application shall be accompanied by the
13 following fees to cover the costs of processing the application
14 and publication of the notice of public hearing:
15 Six hundred dollars .00 for
16 all applications except:
17 (1) Those either submitted by a non-profit
18 organization or an application for a home
19 occupation under SS 234 of the city zoning
20 ordinance. The fee for these applications
21 shall be one hundred thirty
22 dollars .00 ; or
23 (2) Those submitted to allow a single-family
24 dwelling in AG-1 zoning. The fee for these
25 applications shall be fifty=two dollars
26 ($52.00).
27 This ordinance shall become effective on July 2, 1990.
28 Adopted by the City Council of the City of Virginia
29 Beach, Virginia, on the 11 day of June 1990.
30 WMM/dga
31 CA-90-3699
32 04/04/90
33 04/10/90
34 \ordin\proposed\CZ0221.ord
- 34 -
Item .1. -
PUBLIC HEARING
PLANNING ITEM # 32971
EXCERPT FROM THE PACKAGE
OF FEE ORDINANCES
Upon motion by Councilwoman Parker, seconded by Councilman Sessoms, City
Council ADOPTED:
Ordinance to amend and reordian Section 30-20 of
the Code of the City of Virginia Beach, pertaining
to fees for the removal of material from
excavations.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker
and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John L. Perry
This item was MOVED FORWARD to the beginning of the Planning Items.
e 11 1990
APPROV AS TO OON-UW5
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 30-20 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, PERTAINING
4 TO FEES FOR THE REMOVAL OF MATERIAL
5 FROM EXCAVATIONS
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 30-20 of the code of the city of Virginia Beach
9 be, and hereby is, amended and reordained to read as follows:
10 Sec. 30-20. Fee for removal of material.
11 The owner or operator of each excavation in the city shall
12 pay the city, semiannually, a fee of thir-tpnn fourteen cents
13 .14 per cubic yard -for- AR.GH GubiG yar-d of material
14 removed during the preceding semiannual period. The fee shall be
15 based on loose volume rather than bank volume. At the completion
16 of each semiannual period, the owner of such excavation shall
17 cause to be filed with the director of public works a statement
18 certifying the number of cubic yards of material removed from the
19 area undergoing excavation during the precedinq six (6) month
20 period, in order that the appropriate fee may be assessed by the
21 commissioner of revenue. Cross sections shall be required to be
22 submitted annually, prepared by a certified engineer or land
23 surveyor, unless waived by the department of public works.
24 This ordinance shall become effective on July 2, 1990.
25 Adopted by the City Council of the City of Virginia
26 Beach, virginia, on the 11 day of June 1990.
27 WMM/dga
28 CA-90-3698
29 04/04/90
30 04/10/90
31 \ordin\proposed\30-20.ord
- 35 -
Item IV-J.1.
RESOLUTIONS/ORDINANCES ITEM # 32972
The following spoke in SUPPORT of the Resolution and Ordinance:
Pat Richardson, 837 Bobolink Drive, Phone: 422-2091
Georgette Constant-Davis, 110 82nd Street, Phone: 422-2948
J. Feltcher Bryant, 1047 Laskin Road, Phone: 422-5111, represented the Back Bay
Wildfowl Guild
Upon motion by Vice Mayor Fentress, seconded by Councilman Heischober, City
Council ADOPTED:
Resolution authorizing the City Manager to negotiate
and develop appropriate agreements with the Virginia
Beach Foundation re acquisition of de Witt Cottage;
AND,
Ordinance to TRANSFER $100,000 from Reserve for
Contingencies for the first year annuity and routine
maintenance expenses.
Voting: 9-1
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Mayor Meyera E. Oberndorf, Nancy K. Parker, John L.
Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
John D. Moss
*"Councilman Sessoms DECLARED pursuant to Section 2.1-639.14G of the Code of
Virginia, although he is a Director of the Virginia Beach Foundation he is able
to participate in the transaction fairly, objecively, and in the public
interest.
W LLIAM D SESSOMS JR 809 GREENTREE ARCH
COUNCILMAN AT-LARGE VIRGINIA BEACH, VIRGINIA 23451
(BN) @55-5732
May 29, 1990
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk
municipal center
Virginia Beach, Virginia 23456
Dear Mrs. Smith:
Re: Disclosure Pursuant to 5 2.1-639.14(G), Code of
Virginia
Pursuant to the Virginia Conflict of IntereSt ACt, SS 2.1-
639.14(G), Code of Virginia, I make the following declaration:
1. The transaction for which I am executing this written
disclosure is the Council vote on giving a non-interest
bearing loan to the Virginia Beach Foundation.
2. The nature of my personal interest is that I am a
Director of the Virginia Beach Foundation.
3. The Virginia Beach Foundation is the subject of the
transaction.
4. Although the City Attorney and the Commonwealth's
Attorney have advised me that I am not required to
disclose this interest as it does not meet the criteria
of a personal interest in this transaction, I wish to
disclose this interest and declare that I am able to
participate in the transaction fairly, objectively, and
in the public interest.
Accordingly, I respectfully request that you record this
declaration in the official records of the city Council. I have
enclosed opinions from Leslie L. Lilley, City Attorney, and
Robert J. Humphreys, Commonwealth's Attorney, which addresses
this same matter.
Mrs. Ruth Hodges Smith -2- May 29, 1990
Thank you for your assistance and cooperation in this
matter.
Sincerely,
@(il@s , Jr .
Councilman
WDS/abe
Enclosures
Cit@ c3f
LESLIE L. LILLEY MUNICIPAL CE@TER
CIW ATTORNEY VIRGINIA BEACH, VA 2M%-SW4
427-4531
May 29, 1990
Councilman W. D. Sessoms, Jr.
809 Greentree Arch
Virginia Beach, Virginia 23451
Re: Request for Conflict of Interest Act Opinion:
Application for Non-Interest Bearing Loan
Virginia Beach Foundation
Dear Mr. Sessoms:
I am writing in response to your request for an opinion as
to whether you may participate in discussions and vote on the
application for a non-interest bearing loan from the City by the
Virginia Beach Foundation.
Su
From my review of the Conflict of Interest Act and the
info=ation provided by you as referenced below, I am of the
opinion that you do not have a personal interest in a transaction
of the Virginia Beach City Council concerning the non-interest
bearing loan application of the Virginia Beach Foundation as a
result of your position as Director for the Foundation.
I base the aforesaid conclusions on the following facts and
discussions.
Facts Presented-
Your request for an advisory opinion is generated by a
prospective vote on an application to the City of Virginia Beach
for a non-interest bearing loan for a public purpose by the
Virginia Beach Foundation, a non-profit organization. The loan
is to be utilized to purchase an oceanfront cottage, preserve and
repair the structure for historical purposes, and dedicate the
use of the structure for public purposes. You have advised that
your area of concern with respect to the application is that you
are a Director of the Virginia Beach Foundation.
Issue:
Are you precluded from participating in the discussion and
voting on the above-referenced application because of your
position as a Director for the virginia Beach Foundation?
Discussion.
I. Applicable Definitions'
A. city council is a governmental agency, as it is a
legislative branch of local government as defined in SS2.1-639.2
of the virginia State and Local Government Conflict of Interest
Act.
B. You are an officer within the meaning of SS2.1-639.2 of
the above-referenced Act.
C. The loan application to be voted on by city council is
a "transaction't as defined by the Act. The Act defines a
transaction as "any matters considered by any ... governmental
agency on which official action is taken or contemplated." SS2.1-
239.2.
D. "Personal interest" is defined in SS2.1-639.2 as being a
personal and financial benefit or liability which accrues to an
officer, employee, or to an immediate family member. The
interest exists by reason of one of five categories specified
therein as: 1) ownership in a business if the ownership interest
exceeds 3% of the total equity of the business 2) annual income
from ownership in real or personal property or a business in
excess of $10,000.00 3) salary from the use of property or paid
by a business that exceeds $10,000.00 annually 4) ownership of
real or personal property when the interest exceeds $10,000.00 in
value, exclusive of ownership in a business, or salary 5)
personal liability incurred or assumed on behalf of a business
which exceeds 3% of the asset value of the business.
E. SS2.1-639.2 defines a "personal interest in the
transaction" as existing when an officer has a personal interest
in property or a business or when the officer represents any
individual or business and such property, individual or business
(i) is the subject of the transaction or (ii) may realize a
reasonably foreseeable direct or indirect benefit or detriment as
the result of the agency considering the transaction.
F. "Business means a ... trust or foundation ... whether or
not for profit-" SS2.1-639.2.
2
II. APplication of Definitions:
A. Personal Interest
A personal interest exists by reason of one of five
specified categories, as noted above in the definition of
"personal interest". Specifically, my review of those categories
and the facts presented indicate that with respect to the
Virginia Beach Foundation: you do not own any interest in the
foundation; you do not have any income from the Foundation; you
do not own affected real or personal property which interest
exceeds $10,000.00 in value; nor do you have any personal
liability incurred or assumed on behalf of the Foundation.
Therefore, I have reached the conclusion that you do not have a
personal interest as defined by the Conflict of Interest Act.
B. Personal Interest in the Transaction
Following the definition under SS2.1-639.2 you do not have a
personal interest in transaction by virtue of a personal interest
in property or a business. Also you do not have a personal
interest in the transaction based on your representation of a
business which is the subject of the transaction. Based on three
prior opinions of the Attorney General, I believe that you are
not required to disqualify yourself. 1
III. Disclosure Reauirements of Section 2.1- .14 G
Based on the fact that you have no personal interest in the
application for a non-interest bearing loan, you are not
restricted in voting as to that item. If you are concerned that
your employment may create some appearance of impropriety to
those who do not understand the Conflict of Interest Act, there
are two options available to you. You may either disclose the
1President of a Virginia Community College who serves on the
advisory board of directors of a private bank and who receives $800
annually from the bank for his services is not required to
disqualify himself - from transactions involving the college because
he does not have a personal interest in the bank. COI Adv. Op. No.
46 (1984) . A member of a local board of supervisors who also
serves as a nonpaid director of a county community action agency
is not required by the Act to disqualify himself from the board's
consideration of the agency's funding request absent the member
having a financial interest in the agency. COI Adv. Op. No. 81
(1986). By definition, a sanitation commission member who also
serves as chairman of a county service authority and who does not
receive in excess of $10,000 from both the commission and the
authority does not have a "personal interest" in either body and,
thus, need not disqualify himself from participating in a
transaction involving both bodies. COI Adv. Op. No. 76 (1986).
3
facts presented herein and proceed to vote as to this
transaction, or you may abstain from voting and disclose any
interest. Either of these may diffuse any perception problems
that may arise.
Enclosed please find a written declaration form, should you
decide to declare your interest. This disclosure form is based
on $2.1-639.14(G). This section provides that you may either
make this declaration orally, which is to be recorded in the
written minutes of the City Council, or you may file a signed
written declaration with the Clerk of the city Council, who shall
retain and make this document available for public inspection for
a period of five years from the date of recording or receipt.
If you should desire to abstain from voting, SS2.1-639.14(E)
provides that in such instances, the officer shall forthwith make
disclosure of the existence of his interest and his disclosure
shall be reflected in the public records for five years.
As a final note to any conflict of interest opinion, sec.
2.1-639.18(c) provides that a written opinion of the citv
Attorney made after a full disclosure of the facts, is advisory
and admissible as evidence that the local officer did not
knowingly violate the Act, while a favorable opinion of the
Commonwealth's Attorney as the enforcing officer of the COIA,
provides immunity from any alleged violation. If you choose to
seek an opinion of the Commonwealth's Attorney, I will be pleased
to assist you in that regard.
Please contact me should you desire any additional
information.
Very truly yours,
Enclosure
LLL/abe
4
04 427 9647 TP4LSO4-427-9@-47 Jun 90 l@1:07 t@@lo.003 P.02
P.,BERCH -01
Go R(31NIA-
OFFICE OF THE COMMONWEALTH'S ATTORNEY
CITY OF VIRGINIA BEACH
ROBERT.). HTJMF@HREYFI MUNICIPAT (,FNTF:fl
Alt.11@@y VIRGINIA BEACH, ViFiC,'INIA Pi456 9D50
(@) 427-4401
June 8, 1990
The Honorable Williams D. Sessoms, Jr.
809 Greentree Arch
Virginia Beach, VA 23451
RE: Request for Conflict of Interest Act Opinion:
Appliction for non-interest bearing loan by
The Virgi,ni,a Beach Foundatioii
Dear Councilman Sessoms:
This j,-, in response to your letter of June 7, 1990 requestng
an opinion of this office pursuant to SS2.9-639.23(B) and enclosing
a copy of tho resolution to be voted on by the coudcil of the City
of Virginia Beach giving the City Manager authority to negotiate
an agreeinent which would enable the Virginia Beach Foundation to
acquire an oceanfront dwelling known as the De Witt Cottage and a
copy of aii ordinance appropriating funds in the a'Mount of
$100, 000. 00 for an annuity payable to the Virginia Beach Foundation
and for expeiises necessary for the maintenance of the De Witt
Cottage.
In your request for an opinion you indicate that you are a
member of the Board of Directors of the Virginia Beach Foundation
which is a charita@le, non-profit organization and you further
indicate that you receive no compensation for your services as a
director of that foundation.
You should also be advised that I have been provided with the
advisory opinion rendered by Leslie L. Lilley, City Attorney f6r
the city of Virginia Beach, with regard to this matter
After reviewing the ordinance and resolution in question, the
advisory opinion rendered by Mr. Lilley on May 29, 1990 and
reviewing the State and Local Conflict of Interest Act (SS2.1-639.1
et seq.), I arn of the opinion that Mr. Lilleyts legal opinion is
both a cogent and correct statenent of the law as it applies to
804 427 9647 1
T 04-427-9647 Juri 90 15:07 No.003 P-03
VA. BERCH
Page 2
The Honorable William D. Sessoms, 7r-
June 8, 3.990
your situatioii and i agree with his conclusion that you have no
personal interest in a transaction as that te@m is defined by
SS2.1-639.2 because of the non-profit nature of the Virginia Beach
Foundation and yoiir uncompensated association with it.
in view of the fact that you have no lipersorial interest in aL
transaction" as that term relates to the ordinance or the
resolution in question then, notwithstanding the fact that you dre
an officer within the mealning of SS2.1-639,2 of the state and local
Conflict of Interest Act, you are not required to abstain from
voting as to either agenda item. Naturally, if you are ooncerned
that your association with the Virginia Beach Foundation may create
some appearance of impropriety to those who do not understand the
provisions of the State and Local Conflict of interest Act, you
may, as Mr. Lilley suggest5, either disclose your association and
abstain from voting or disclose the faqts you have presented to me
a8 part of the public council @eqord and then proceed to vote as
your conscience dictates on these transactions.
I hope that this adequately answers the question which you
posed and in the event that it does not or if you require any
clarifications, p3.ease dorilt hesitate to contact me.
ve
/i
Ro
Commonwealth's
R,TH:jas
cc: Leslie L. Lilley, City AttQrney
I AN ORDINANCE TO TRANSFER $100,000 FOR
2 THE FIRST YEAR ANNUITY AND ROUTINE
3 MAINTENANCE EXPENSES FOR THE
4 DE WITT COTTAGE ACQUISITION
5 WHEREAS, the Council desires to preserve the de Witt
6 Cottage located at 12th Street and Atlantic Avenue, as the sole
7 surviving example of oceanfront dwellings built during the early
8 development period of virginia Beach; and
9 WHEREAS, the preservation of cultural amenities is
10 recognized as a drawing card for attracting business and visitors,
11 and provides a sense of community pride and value; and
12 WHEREAS, the Virginia Beach Foundation, a charitable and
13 non-profit organization, has been created for the promotion of
14 educational and charitable activities; and
15 WHEREAS, it is contemplated that the de Witt Cottage is
16 to be acquired by the Virginia Beach Foundation partially by gift
17 from the owners and partially through an annuity funded by the
18 City, which annuity shall terminate when the last donor is
19 deceased; and
20 WHEREAS, the de Witt Cottage is to be acquired to be used
21 solely for public purposes; and
22 WHEREAS, the Virginia Beach Foundation will use its best
23 efforts to renovate the Cottage at its expense with the City
24 leasing the Cottage from the Foundation at a nominal rent and the
25 City providing routine maintenance and other related expenses; and
26 WHEREAS, the Virginia Beach Foundation will transfer
27 ownership of the de Witt Cottage to the City without cost when the
28 renovation is complete; and
29 WHEREAS, the estimated cost in FY 90-91 for the first
30 year annuity and routine maintenance expenses for the de Witt
31 Cottage is $100,000.
32 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
33 OF VIRGINIA BEACH, VIRGINIA:
34 That subject to an agreement between the parties in
35 keeping with the provisions set forth hereinabove, which agreement
36 must also be acceptable to the City Manager as in the best
37 interests of the City, funds in the amount of $100,000 be
38 transferred from Reserve for Contingencies for the first year
39 annuity payable to the Virginia Beach Foundation and for routine
40 maintenance expenses necessary for maintaining the de Witt Cottage
41 This ordinance shall be effective on July 1, 1990.
42 Adopted by the Council of the City of Virginia Beach,
43 Virginia, on the 11 day of June 1990.
44
45 06/06/90
46 06/07/90
47 CA-3787
48 noncode/dewittco.ord
AS CC@@L
SIGNATUP-@
APPROVED AS T(-) !-'-,-@AL
FFICIENC',,' F-I'm
CITY ATTORNE'
2
1 A RESOLUTION REGARDING THE
2 DE WITT COTTAGE ACQUISITION
3 WHEREAS, the Council desires to preserve the de Witt
4 Cottage located at 12th Street and Atlantic Avenue, as the sole
5 surviving example of oceanfront dwellings built during the early
6 development period of Virginia Beach; and
7 WHEREAS, the preservation of cultural amenities is
8 recognized as a drawing card for attracting business and visitors,
9 and provides a sense of community pride and value; and
10 WHEREAS, the Virginia Beach Foundation, a charitable and
11 non-profit organization, has been created for the promotion of
12 educational and charitable activities; and
13 WHEREAS, it is contemplated that the de Witt Cottage is
14 to be acquired by the Virginia Beach Foundation partially by gift
15 from the owners and partially through an annuity funded by the
16 City, which annuity shall terminate when the last donor is
17 deceased; and
18 WHEREAS, the de Witt Cottage is to be acquired to be used
19 solely for public purposes; and
20 WHEREAS, the Virginia Beach Foundation will use its best
21 efforts to renovate the Cottage at its expense with the City
22 leasing the Cottage from the Foundation at a nominal rent and the
23 City providing routine maintenance and other related expenses; and
24 WHEREAS, the Virginia Beach Foundation will transfer
25 ownership of the de Witt Cottage to the City without cost when the
26 renovation is complete;
27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
28 OF VIRGINIA BEACH, VIRGINIA that the City Manager be authorized to
29 negotiate and develop appropriate agreements with the Virginia
30 Beach Foundation to enable the Virginia Beach Foundation to acquire
31 the de Witt Cottage pursuant to the terms and purposes as set forth
32 hereinabove.
3 3 Adopted by the Council of the City of Virginia Beach,
34 Virginia, on the 11 day of June 1990.
35 EEF:kbg
36 06/04/90
37 06/07/90
38 noncode/de Witt cottage
39 CA 90-3783
DEPARTMEW
APPROVED AS TO LEGAL
2
- 36 -
Item IV-J.2.
RESOLUTIONS/ORDINANCES ITEM # 32973
Upon motion by Vice Mayor Fentress, seconded by Councilman Hesichober, City
Council ADOPTED (AS REVISED), upon SECOND READING:
Ordinance to ACCEPT and APPROPRIATE $338,700 from a
Federal Alcohol and Drug Abuse Block Grant Award
for Mental Health/Mental Retardation/Substance
Abuse Department re alcohol and drug treatment
services.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Vice Mayor Robert E.
Fentress, Harold Heischober, Barbara M. Henley,
Reba S. McClanan, Mayor Meyera E. Oberndorf, Nancy K.
Parker, John L. Perry and William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
John D. Moss
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE
2 FLINDS IN THE AMOUNT OF $338,700 FROM A FEDERAL
3 ALCOHOL AND DRUC ABUSE BLOCK CRANT AWARD FOR MENTAL HEALTH/
4 MENTAL RETARDATION/SUBSTANCE ABUSE DEPARTMENT
5 ALCOHOL AND DRUG TREATMENT SERVICES
6 WHEREAS, the Alcohol and Drug Abuse Block Grant to Virginia is
7 increasing by $9 million with specific usage requirements imposed by the federal
8 goverriment and state MH/MR/SAS;
9 WHEREAS, the state has notified the Community Services Board of
10 additional allocations of $338,700 from the federal substance abuse block grant
11 and the state has approved the MH/MR/SA program proposals for service delivery;
12 WHEREAS, these federal block grant funds require no local matching
13 funds;
14 WHEREAS, these funds will be used to provide jail based services,
15 intensive services for drug users, prevention and early intervention efforts,
16 residential follow-up services, emergency stabilization services, and enhanced
17 services through the courts, and require 10.5 full time equivalent positions;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That funds in the amount of $338,700 from the federal Alcohol, Drug
21 Abuse, and Mental Health Block Grant be accepted and appropriated to the Grants
22 Consolidated Fund and that revenue from the federal goverrunent be increased by
23 $338,700 and that 10.5 additional full time equivalent positions be authorized
24 for the duration of the grant; and
25 That the City Manager is hereby directed to advise individuals employed
26 in the positions funded under this appropriation that said positions are subject
27 to discontinuance upon the expiration of this source.
28 This ordinance shall be in effect from the date of its adoption.
29 Adopted by the Council of the City of Virginia Beach, Virginia on the
30 11 day of June 1990.
First Reading: June 4, 1990
Second Reading: June 11, 1990
(As Revised)
- 37 -
Item IV-L.I.
NEW BUSINESS ITEM # 32974
Councilwoman Parker referenced a proposed Ordinance to Transfer $67,631 from
reserves to the FY 90-91 Budget of the Pendleton Child Service Center to fund a
Parent-child Education Program. Councilwoman Parker distributed a copy of the
DRAFT and requested same be SCHEDULED for the City Council Session of June 18,
1990.
- 38 -
Item IV-M.I-
ADJOURNMENT ITEM # 32975
Upon motion by Councilman Baum, City Council ADJOURNED the Meeting at 8:35 P.M-
V @
Bev. y 9 @
Chief Deputy City Clerk
cmc Mey6ra(@,. Oberndorf
City Clerk Mayor 'J
City of Virginia Beach
Virginia