HomeMy WebLinkAboutFEBRUARY 10, 1998 MINUTESCity of Virginia Bcach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR gVIId. IAM D. SESSOM$. JR.. At-Large
JOHN A. BAUM, Blaclm*ate~ Borough
IdN~VOOD 0 BRANCH Ill. Virginia Bemh [~nnu~h
~/ILIJAM ~/. HARPd~ON, JR.. Lynnhatwn Borough
HAROLD HEI~CHOBER, At-Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R ]ONES, Baysi& Borough
REBA $. McCLANAN, P. ncess Anne Borough
NANCY K. PARKER. At.Large
LOtlI,gA M. STRAYHORN, Kemp~vitt¢ Borough
]AMES K. SPORE, City Manage~
LESLIE L, LILLEY, City Attorney
RUTH HODGES SMITH, CMC I AAE, City Clerk
CITY COUNCIL AGENDA
CITY ItALL BUILDING
2401 COURTIR)USE DRIVE'
VIRGINIA BEACH, VIRGINIA 2545~-9005
t757~ 427-4305
February 10, 1998
HAPPY BIR THDA Y, MAYOR
I. GENERAL ASSEMBLY ACTIONS
- Conference Room -
10:30 AM '
Il. REVIEW OF AGENDA ITEMS
III. CITY COUNCIL CONCERNS
IV. CITY COUNCIL BRIEFINGS
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - STATUS
Hans Gant, President
Bo
JET SKI REPORT
Vice Mayor William D. Sessoms, Chairman, Jet Ski Committee
V. INFORMAL SESSION
- Conference Room -
1:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
FORMAL SESSION - Conference Room -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
2:00 PM
Be
INVOCATION:
The Reverend James R. Wolfcale
Atlantic Shores Baptist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
February 2, 1998
G. AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent ~4genda will be determined during the ~4genda Review Session and considered in the ordinary
course of business by City Council to be enacted by one motion.
ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the Code of the City of Virginia Beach:
ao
Sections 2-386, 8-2, 8-27, 8-52, 8-69, 8-70, 8-72, 8-73, 12-45, 34-9 and 37-17
DELETING references to Articles, Sections and Volumes of the Virginia
Uniform Stat,wide Building Code and REVISING the title of the Building
Official to Building Code Administrator.
be
Article V, Sections 8-111 through 8-115 DELETED
re Virginia Tradesmen Certification Standards
Ordinance to ACCEPT and APPROPRIATE $265,680 in Section 8 Funds from the United
States Department of Housing and Urban Development (HUD); and, authorize the City
Manager execute a contract to continue rental subsidies to residents of property with
expiring rental subsidy agreements.
Ordinance to establish Princess Anne Park/Soccer Complex as CIP g4-011; TRANSFER
$335,000 from CIP ff4-935 Princess Anne Park Expansion - Phased Improvements (partial)
re site improvements (screening and noise/dust reduction).
o
Ordinances to authorize temporary encroachments:
ao
A portion of the City's 300-foot wide drainage easement known as Canal No. 2
(London Bridge Industrial Park II, Phase One, Lot 12) by Oceana Development,
L.P. modifying encroachment approved August 5, 1997, re use of two fifteen-inch
PVC outfall pipes; and, authorize the City Manager execute the Agreement.
bo
A portion of the City's right-of-way at 1817 General Booth Boulevard by Bench
Fellowship Church, re installation of a sign; and, authorize the City Manager
execute the Agreement.
Ordinance to authorize acquisition of property (Parcel A- 35,667 square feet and
Parcel B - 1,434 square feet), in fee simple from Hubert L. and Mona H. Dali re a site for
Little Neck Neighborhood Park (CIP 4-950.05), either by agreement or condemnation
(LYNNHAVEN BOROUGH).
Deferred:
27 January 1998
6. LYNNHAVEN PARKWAY - PHASE IX (CIP #2-157):
Resolution to request the Virginia Department of Transportation (VDOT) pursue
"Design Option C",VDOT Project #U000-134-V32 which removes as many
residential driveway conflicts as possible.
bo
Ordinance to authorize advance acquisition of property in fee simple on Parcel 146
(957 Lynnhaven Parkway) for right-of-way by Agreement.
Resolution to refer to the Planning Commission, for its consideration and recommendation,
a proposed Ordinance to AMEND Section 203 the City Zoning Ordinance (CZO) re
vehicular parking in certain shopping centers.
Resolution to establish the Shore Drive Advisory Committee (SDAC) and delineating the
composition, terms AND purpose of the Committee.
9. License Refunds: $4,098.49.
10. Schedule for the proposed FY 1998-1999 Resource Management Plan (Budget)
Workshops.
J. PUBLIC HEARING
1. PLANNING
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
a. Ordinances re discontinuance, closure and abandonment in the Petitions off
(1)
BAYVILLE FARMS ASSOCIATES, L.C. of a portion of First Court
Road, beginning at the Southern boundary of Shore Drive and running
1165.07 feet in a Southwesterly direction, containing 1.42 acres
(BAYSIDE BOROUGH).
Deferred for Compliance:
Deferred:
Recommendation:
08 July 1997
27 January 1998
FINAL APPROVAL
(2)
THE RUNNYMEDE CORPORATION - following streets, containing
1.385 acres (LYNNHAVEN BOROUGH):
(a)
~: Beginning at the Southern boundary of Fourth Street and
running 457.03 feet in a Southerly direction to the Northern boundary
of South Boulevard.
(b)
Poplar Street: Beginning at the Southern boundary of Fourth Street
and running 456.99 feet in a Southerly direction to the Northern
boundary of South Boulevard
Deferred for Compliance:
Additional Deferral:
Recommendation:
08 July 1997
27 January 1998
FINAL APPROVAL
(3)
VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON
BARCO - the following parcels (VIRGINIA BEACH BOROUGH):
Parcel 1: Portion of Greensboro Avenue beginning at the Northwest
intersection of Greensboro Avenue and Mediterranean Avenue, nmning a
distance of forty-eight (48) feet along the Northern property line (Southern
boundary of Block 30, Shadow Lawn Heights) and running in a
Southeasterly direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue, containing 1,327 square feet.
Parcel2: Portion of Mediterranean Avenue, running a distance
of forty-one (41) feet along the Eastem property line (Western boundary of
Lot 1, Block 18, Shadow Lawn Heights) and running in a Northwesterly
direction to the Southwest intersection of Greensboro Avenue and
Mediterranean Avenue, containing 1,547 square feet.
Deferred for Compliance:
Additional Deferrals:
28 January 1992
11 August 1992; 9 February 1993;
08 February 1994; 14 February 1995;
13 February 1996; 11 February 1997;
12 August 1997
Recommendation:
ADDITIONAL 180-DAYDEFERRAL
Application of MARTHA L. MARCEL for a Conditional Use Permit for vehicle
and trailer rentals (U-Haul) on Parcels A4 and A5, Parcel 4, Cedar Hill Section A,
containing 4.821 acres (KEMPSVILLE BOROUGH).
Deferred:
Staff Recommendation:
Planning Commission Recommendation:
27 January 1998
DENIAL
APPROVAL
Application of SPRINT, P.C.S. for a Conditional Use Permit for a wireless
communication cell tower on Lot 11, London Bridge Industrial Park (553 Central
Drive), containing 4.482 acres (LYNN-HAVEN BOROUGH).
Recommendation: APPROVAL
Application of NEXTEL COMMUNICATIONS, INC. for a Conditional Use
Permit for a wireless communications monopole at the Southwest intersection of
Norfolk-Virginia Beach Expressway and First Colonial Road (409 First Colonial
Road), containing 4.1896 acres (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of CHECKERED FLAG MOTOR CAR COMPANY, INC. For a
Conditional Use Permit for automobile sales, rep_ oJr and service, sale of parts and
parking & storage ofv,hi¢les on the South side of Virginia Beach Boulevard 260 feet
more or less East of Kings Grant Road (2981 Virginia Beach Boulevard),
containing 34,281.7 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of ALL SAINTS' EPISCOPAL CHURCH for a Conditional Use
Permit for a church expansion at the Northwest intersection of Woodside
Lane and Adam Keeling Road (1968 Woodside Lane), containing 5 acres
(LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
go
Application of FOREFRONT CHURCH for a Conditional Use Permit for a
church on the North side of Strawbridge Road, West of General Booth Boulevard
(2133 General Booth Boulevard), containing 4.5071 acres (PRINCESS ANNE
BOROUGH).
Recommendation:
APPROVAL
Application of WINDSOR OAKS WEST, PARCEL 2, L.L.C. for a Chan~,e of
Zoning District Classification from B-2 Community Business Distric-t to
Conditional A-18 Apartment District at the Northeast comer of Holland Road and
Shoreline Court, containing 2.579 acres (PRINCESS ANNE BOROUGH).
Recommendation:
APPROVAL
Application of STATEMENT, LTD. for a Chan~e of Zoning District
Classifi¢oti0n from 0-2 Office District to Conditional B-lA Limited ~-ommunity
Business District on Lot 5, Freemac Lake Shores (1361 Laskin Road), containing
21,780 square feet (LYNNHAVEN BOROUGH).
Recommendation:
APPROVAL
Application of HABITAT FOR HUMANITY, SOUTH HAMPTON ROADS for
a Change of Zoning District Classification from A-12 Apartment District to R-55
Residential Single-Family District on Lots 5 and 6, Morgan Terrace (1139 Carver
Avenue), containing 16,000 square feet more or less (LYNNHAVEN
BOROUGH).
Recommendation: APPROVAL
Application of ALBERT N. and DIANA H. JENSEN for a Change of Zoninff
District Classific~fi0n from R-10 Residential District to I-1 Li_mht Indus.,al
District on the West side of South Birdneck Road beginning 640.3 feet South of
Jackson Lane, containing 21,000 square feet (LYNNHAVEN BOROUGH).
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
K. APPOINTMENTS
PERSONNEL BOARD
SHORE DRIVE ADVISORY COMMITTEE
YOUTH SERVICES COORDINATING COUNCIL
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF LEGAL CASES RESOLVED - JANUARY 1998
N. ADJOURNMENT
If you are physically disabled or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call: TDD only 427-4305(TDD - Telephonic Device for the Deaf)
02/05/98cmd
AGENDA\02/I 0/98.PLN
www.virginia-beach.va.us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
February 10, 1998
Vice Mayor William D. Sessoms, Jr. called to order the CITY COUNCIL BRIEFINGS in the Council
Conference Room, City Hall Building, on February 10, 1998, at 10:30 A.M.
Council Members Present:
John A. Baum, HaroM Heischober, Barbara M. Henley, Nancy K.
Parker, Vice Mayor William D. Sessoms, Jr and Louisa M.
Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf
Linwood O. Branch, III
William W. Harrison, Jr.
Louis R. Jones
Reba $. McClanan
[FEATURED GUEST/BREAKFAST AT THE
BEACH/Rockefeller Plaza, New York]
[ENTERED: 10:43 A.M.]
[ENTERED: l l :OO A.M.]
[ATTENDING FUNERAL
ENTERED: 1:10 A.M.]
[ENTERED: 10:38 A. M.]
PRESENTATION
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE STATUS
ITEM # 43188
10:30 A.M.
Hans Gant, President - Hampton Roads Economic Development Alliance, advised the Alliance was
officially formed July 1, 1997, when the five south Hampton Roads' cities agreed to the $1 per capita
funding. This commitment will generate over $5-MILLION over a five-year period. The private sector fund
raising program was concluded in June of 1997 with approximately $6-MILLION committed over five
years. The formation of the Hampton Roads Economic Development AIliance in 1997 has set the stage for
much improved and unprecedented regional cooperation. Mr. Gant expressed appreciation on behalf of the
Executive Committee of their Board of Directors to all the investors for financially supporting the Alliance.
As part of the restructuring, the Alliance has formed the Executive Committee and restructured the Board
of Directors. The five south Hampton Roads Mayors are members of this eleven-member committee. The
other six members represent the private sector community. The 1997 Chairman of the Board was John
Matson of Signet Bank. Bill Butler, President of Crustier Bank, is the 1998 Chairman. Mayor Oberndorf is
a member of the Executive Committee and Board of Directors. Don Maxwell, Director of Economic
Development, also serves on the Board of Directors. Mr. Gant cited the GOALS:
To recruit the kinds of companies to the Hampton Roads area that
will create 20,000 new targeted primary industry jobs.
To recruit the kinds of companies that will significantly invest in
new plants and equipment thus improving all of our cities tax
base, providing the dollars needed for public services.
To recruit the kinds of companies that will improve average
earnings and wages and improve our regions per capita income
performance.
To accomplish these goals the Alliance national and international marketing and recruitment activities had
to be significantly increased and the Alliance organization had to be restructured which meant:
Hiring additional sales and marketing staff.
Acquiring the tools and services needed by staff to carry out the
Marketing Plan
Undertaking a target industry study and assessing this regions
and individual cities ability to compete.
Developing an advertising, marketing and recruiting strategy
focused on meeting the goals set.
Developing a close working relationship with all the cities'
economic development directors and departments.
Forming stronger ties and partnership with neighbors in the
Peninsula and the Virginia Economic Development Partnership
Strengthening the working relationship and partnerships with local
allies such as the Virginia Port Authority, Old Dominion University
and the US Navy.
The majority of these objectives have been, or will be, accomplished by the Spring of this year. Mr. Gant
cited specific examples:
The Alliance moved its headquarters from the First Virginia
Bank Building to the Crustier Bank Building this past November.
Three additional sales and marketing professionals have been
hired and two more will be hired during the first quarter of this
year.
February 10, 1998
-3-
PRESENTATION
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE STATUS
ITEM # 43188 (Continued)
In November, a major target industry and regional assessment
study was commissioned to be completed this Spring.
An advertising firm to assist the Alliance in the execution of its
advertising program and development of promotion materials and
tools has been hired.
A logo has been adopted for the organization, which will be used
in promotional activities and materials and establish name
recognition this region needs both nationally and internationally.
A cooperative working relationship with the Peninsula Economic
Development Council on advertising, promotional events and
economic development research.
The Alliance has continued an active marketing and recruiting
program to ",fill the pipeline" with new prospects and bring
prospects to Hampton Roads.
ACCOMPLISHMENTS IN 199 7
158 new prospects were identified and responded to.
There was a total of 73 prospect visits to Hampton Roads.
The Alliance participated in 30 different marketing missions,
trade shows, or promotion events locally, nationally and
internationally.
335 leads were generated from trade show events.
169 leads were generated from marketing missions.
45 leads were generated from corporate relocation consultant
marketing programs.
69 leads were generated from the relationship with the Virginia
Economic Development Partnership.
All of these promotional events were done in partnership with the
City partners.
Some of the activities sponsored include:
International Marketing Missions to Germany,
England, Netherlands, Japan, Korea, Taiwan and
France.
National Marketing Missions to New York, New Jersey,
Chicago, Boston, Los Angeles, Rhode Island and San
Francisco.
Virginia Symphony Event and Reception at Carnegie
Hall, Promotional Insert in Forbes Magazine and
Industry & Business Prospect Reception at Forbes
Galleries, Industry Week Magazine Best Plants
Conference in Norfolk, Report to Top Management
Luncheon in New York, etc.
Major shows such as the Hannover Manufacturing
Trade Show, COMDEX, IDRC, and more.
Sponsorship of the HRCC inter-regional visit to Seattle,
Washington.
February 10, 1998
-4-
PRESENTATION
HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE STATUS
ITEM # 43188 (Continued)
The 1997Prospect and Marketing Activities Report was distributed to City Council and is hereby made a
part of the record. The initial results from these 1997 activities are very promising. Recently there were
announcements of GIECO to employ 880 workers in Virginia Beach, 250jobs to be created by the Chubb
Group of Insurance Companies in Chesapeake, 300 new jobs in Norfolk by Borom-Lapore Market
Connections and 40 high tech jobs in the City of Suffolk by Mariah Vison, Inc. In December 1997, the
Isle of Wight County Board of Supervisors voted to join the Alliance in 1998.
Mr. Gant cited:
1998 GOALS & OBJECTIVES
1998 shouM be a very fruitful year for Hampton Roads. The
Alliance's prospect pipeline will continue to fill with companies
they wish to locate or expand in the region..
Regional marketing and corporate recruitment team made up of
public and private sector members has developed an aggressive
program which can only assist to substantially increase the
opportunities for better paying jobs of our citizens and secure a
better future for our children. The team work should assist in
improving the region's performance, specifically job growth and
growth in the average earnings per worker.
Based on the Target Industry Study findings and
recommendations, HREDA will announce the creation of 3000
jobs from companies recruited to Hampton Roads.
Recruit the kinds of companies that will improve the region's
average wage rates. The threshold will be $11.50 per hour.
Recruit the kinds of companies that will significantly improve our
local governments tax base as a result of their capital
investments. Our goal here is $200-MILLION in 1998.
To enhance regional cooperation by:
Undertaking cooperative and promotional activities (i. e.
trade shows, economic development research, printing
of publications, and special promotional events).
Sponsor and participate in the Hampton Roads
Chamber of Commerce 1998 inter-regional visit.
Partner marketing and promotion activities and events
with HREDA's municipal investors, as well as other
allies such as the Virginia Port Authority and Old
Dominion University.
Increase the name recognition of Hampton Roads, Virginia to
business and industry worldwide through the HREDA advertising
and promotional activities program.
At present, the Alliance has a total staff of 9. In the 1998 Budget, a staff of l2 has been proposed.
February 10, 1998
AGENDA RE VIE W SESSION
10:55 A.M.
ITEM # 43189
Council Lady Parker referenced .'
4. b
A portion of the City's right-of-way at 1817 General
Booth Boulevard by Beach Fellowship Church, re
installation ora sign; and, authorize the City Manager
execute the Agreement.
This has been recommended for DENIAL. Council Lady McClanan concurred with this recommendation.
This item will be discussed during the Formal Session. There are speakers registered.
ITEM # 43190
Councilman Baum requested the definition of RCP pipe:
Ordinances to authorize temporary encroachments:
4. a. Portion of the City 's 300-foot wide drainage easement
known as Canal No. 2 (London Bridge Industrial Park
II, Phase One, Lot 12) by Oceana Development, L.P.
modifying encroachment approved August 5, 1997, re
use of two fifleen-inch PVC outfall pipes; and, authorize
the City Manager execute the Agreement.
Mr. Lawson, Real Estate, advised RCP pipe is reinforced concrete. In the original site plan submitted to the
City, RCP pipe was approved. However, the PVC pipe was installed, which has been inspected by the City's
inspectors and found to be more than adequate. This is basically a housekeeping situation.
ITEM # 43191
Council Lady Henley referenced information to be received relative:
5. Ordinance to authorize acquisition of property
(Parcel A - 35, 667 square feet and Parcel B - 1,434
square feeO, in fee simple from Hubert L. and Mona H.
Dad re a site for Little Neck Neighborhood Park (CIP
4-950.05), either by agreement or condemnation
(L YNNHA VEN BOROUGH).
The title policy has been forwarded by Councilman Harrison. The City Manager advised this item will be
discussed during Executive Session.
ITEM # 43192
Council Lady Henley reference&
6. L YNNHA VEN PARKWAY - PHASE IX (CIP #2-157):
a. Resolution to request the Virginia Department of
Transportation (VDOT) pursue "Design Option
C", VDOT Project #UOOO-134-V32 which removes as
many residential driveway conflicts as possible.
b. Ordinance to authorize advance acquisition of
property in fee simple on Parcel 146 (957 L YNNHA VEN
Parkway) for right-of-way by Agreement.
As this increases the City's share by changing the alignment, is there any problem with funding same? The
City Manager advised the total share of City funds involves a fairly small increase ($1.5-MILLION) as
compared to the total project cost. The majority will be funded from the state. Council Lady Henley wanted
to be assured problems were not being created as far as funding. The City Manager said City Council's
direction has been incorporated into the proposed CIP.
February 10, 1998
-6-
AGENDA RE VIEW SESSION
ITEM # 43192 (Continued)
Council Lady McClanan referenced the home destroyed by fire at 957 Lynnhaven Parkway and wished to
be assured this will be removed immediately.
ITEM # 43193
Councilman Harrison advised a REVISED Resolution to establish the Shore Drive Advisory Committee
(SDAC) and delineating the composition, terms and purpose of the Committee shall be distributed to City
Council. These revisions encompass increasing the number of appointed members from seven to nine and
permit the appointed members to either reside in or work in the City of Virginia Beach. One of the
appointees desired is the Manager of First Landing State Park. His vital knowledge and interest in the
corridor would be a meaningful component of the deliberations of the Committee; however, Councilman
Harrison does not know if this individual resides in Virginia Beach.
ITEM # 43194
Vice Mayor Sessoms referenced the ADD-ON documents requested by Mayor Oberndorf under NEW
BUSINESS. Vice Mayor Sessoms distributed a copy of the Resolution to support reauthorization of the
Intermodal Surface Transportation Efficiency Act (ISTEA); and removal of the various Federal
Transportation Trust funds from the United Federal Budget. The City Manager advised this is basically the
same position adopted by City Council last year.
ITEM # 43195
Council Lady Parker distributed copy of her Resolution to express support for the enactment of House Bill
1208 and Senate Bill 581; and, opposition to the enactment of House Bills 1166 and 1228 and Senate Bill
686, re outdoor advertising structures on State Highways. There are five bills presently pending in the
General Assembly pertaining to the cutting or trimming of trees on State highways. Two of them, House Bill
No. 1208 and Senate Bill No. 581, would prohibit the erection of billboards and, with certain exceptions other
outdoor advertising structures on State highways. The bills would also prohibit the selective trimming or
cutting of vegetation obstructing motorists' views of outdoor advertising structures on State highways,
except if such vegetation is diseased or damaged by natural causes and endangers the health of other
vegetation or human health. The Resolution expresses the City Council's support for the bills prohibiting
selective cutting and new billboards and opposes the bills authorizing pruning. The Virginia Garden Clubs
are very concerned. Betsy Agelasto and Judy Terjen, members of the Garden Club, were in attendance.
Betsy Agelasto, a resident of the Linkhorn Park section, expressed support. The State law at the present time
allows cutting of trees up to 2" in diameter. Last year, the Billboard industry proposed a Bill that would
allow the cutting up to 9" and this was opposed. The Bill promoted by the Garden Club of Virginia prohibits
all tree cutting on the public right-of-way as opposed to the 2". Assistant City Attorney William Macali
advised two of the three bills would increase the diameter to 6" trees. The other bill would increase the
maximum to 8" trees. The Bills that the resolution supports would prohibit this type of trimming. Outdoor
Advertising Structures on State Highways are fairly perpetual. There is no grand fathering on billboards.
There is a yearly permit that can be renewed forever. This item will be ADDED-ON under NEW
BUSINESS.
ITEM # 43196a.
Vice Mayor Sessoms distributed a copy of Ordinance to confirm the Declaration of Local Emergency signed
by Mayor Meyera E. Oberndorf on 4 February 1998. The State requires the governing body to confirm the
Local Emergency declared by the Mayor for the recent storm.
ITEM # 43196
BY CONSENSUS, the following items shall compose the CONSENT AGENDA..
ORDINANCES/RESOL UTIONS
I. 1. Ordinances to AMEND the City Code:
Sections 2-386, 8-2, 8-27, 8-52, 8-69, 8-70, 8-72, 8-73,
12-45, 34-9 and 37-17 DELETING references to
Articles, Sections and Volumes of the Virginia Uniform
Statewide Building Code and REVISING the title of the
Building Official to Building Code Administrator.
February 10, 1998
-7-
L2.
1.3.
AGENDA RE VIE W SESSION
ITEM # 45196 (Continued)
Article V, Sections 8-111 through 8-115 DELETED re
Virginia Tradesmen Certification Standards
Ordinance to ACCEPT and APPROPRIATE $265,680
in Section 8 Funds from the United States Department
of Housing and Urban Development (HUD); and,
authorize the City Manager execute a contract to
continue rental subsidies to residents of property with
expiring rental subsidy agreements.
Ordinance to establish Princess Anne Park/Soccer
Complex as CIP g4-Oll; TRANSFER $335,000 from
CIP #4-935 Princess Anne Park Expansion - Phased
Improvements (partial) re site improvements (screening
and noise/dust reduction).
1. 4. Ordinances to authorize temporary encroachments:
A portion of the City's 300-foot wide drainage easement
known as Canal No. 2 (London Bridge Industrial Park
II, Phase One, Lot 12) by Oceana Development, L.P.
modifying encroachment approved August 5, 1997, re
use of two fifteen-inch PFC outfall pipes; and, authorize
the City Manager execute the Agreement.
L 6. L YNNHA VEN PARKWA Y- PHASE IX (CIP #2-157)
1.7.
L8.
Lg.
LIO
Resolution to request the Virginia Department of
Transportation (VDOT) pursue "Design Option
C", VDOT Project #UOOO-134-V32 which removes as
many residential driveway conflicts as possible.
Ordinance to authorize advance acquisition of property
in fee simple on Parcel 146 (957 Lynnhaven Parkway)
for right-of-way by Agreement.
Resolution to refer to the Planning Commission, for its
consideration and recommendation, a proposed
Ordinance to AMEND Section 203 the City Zoning
Ordinance (CZO) re vehicular parking in certain
shopping centers.
Resolution to establish the Shore Drive Advisory
Committee (SDAC and delineating the composition,
terms AND purpose of the Committee.
License Refunds: $4,098.49.
Schedule for the proposed FY 1998-1999 Resource
Management Plan (Budget) Workshops.
*Item L8 will be ADOPTED, AS REVISED, BY CONSENT.
February 10, 1998
-8-
AGENDA RE VIEW SESSION
ITEM # 43197
Vice Mayor Sessoms referenced Councilman Jones' request to refer this back to the Planning Commission:
J. la Ordinances re discontinuance, closure and abandonment
in the Petitions of:
BA YVILLE FARMS ASSOCIATES, L.C. ora portion
of First Court Road, beginning at the Southern boundary
of Shore Drive and running 1165.07 feet in a
Southwesterly direction, containing 1.42 acres
(BA YSIDE BOROUGH).
John Herzke, Traffic Engineer, advised this closure has no impact on the improvement project which is a
separate issue. The City Attorney advised the applicant was informed when this item was deferred that an
agreement must be worked out with the property owner, who did not receive notice, or this application must
be referred back to the Planning Commission. The viewers did not consider the application as it now stands.
ITEM # 43198
Councilman Branch advised this is requested for DEFERRAL.
J.I.(3)VIRGINIA BEACH
WALTER CASON BARCO
BEA CH BOROUGH):
MARLIN CLUB, INC., AND
- the following parcels (VIRGINIA
Parcel 1: Portion of Greensboro Avenue beginning at
the Northwest intersection of Greensboro Avenue and
Mediterranean Avenue, running a distance of forty-eight (48)feet
along the Northern property line (Southern boundary of Block
30, Shadow Lawn Heights) and running in a Southeasterly
direction to the Southwest intersection of Greensboro
Avenue and Mediterranean Avenue, containing 1,327 square feet.
Parcel 2; Portion of Mediterranean Avenue,
running a distance of forty-one (41)feet along the Eastern
property line (}Vestern boundary of Lot 1, Block 18, Shadow Lawn
Heights) and running in a Northwesterly direction to the Southwest
intersection of Greensboro Avenue and Mediterranean Avenue,
containing 1,547 square feet.
Karen Laslie, Planning Co-Ordinator, advised all permits have been received from the Army Corps of
Engineers and the only issue remaining is the amount to be paid to the City for the property. Ms. Laslie
believed this will be brought back prior to the 180-day deferral.
ITEM # 43199
Council Lady Strayhorn has not received further information on this item and is still inclined toward
DENIAL. The applicants have not contacted her.
J. 4. Application of MARTHA L MARCEL for a Conditiont~l
Use Permit for vehicle and trailer rentals fU-Hatd) on
Parcels A4 and A5, Parcel 4, Cedar Hill Section A,
containing 4. 821 acres (KEMPSVILLE BOROUGH).
ITEM # 43200
Council Lady Parker referenced the typographical errors in the conditions. Karen Laslie, Planning Co-
Ordinator advised the conditions after the first sentence in Condition 6 through 9 shouM be DELETED.
Jld Application ofNEXTEL COMMUNICATIONS, INC.
for a Conditional Use Permit for a wireless
communications monopolq at the Southwest intersection
of Norfolk-Virginia Beach Expressway and First
Colonial Road (409 First Colonial Road), containing
4.1896 acres (L YNNHA VEN BOROUGH).
February 10, 1998
9
AGENDA RE VIE W SESSION
ITEM # 43201
Council Lady Parker and Council Lady McClanan expressed concerns relative conditions.
J, lk Application of ALBERTN. and DIANA H. JENSEN for
a Change o_fZoning District Classification from R-lO
Residential District to Conditional I-1 Light Industrial
District on the West side of South Birdneck Road
beginning 640.3feet South of Jackson Lane, containing
21,000 square feet (LYNNHA VEN BOROUGH).
The City Clerk referenced an error. The word "Conditional" should be before I-1 Light Industrial District.
ITEM # 43202
B Y CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
J. Ia Ordinances re discontinuance, closure and abandonment
in the Petitions of'
BA YVILLE FARMS ASSOCIATES, L.C. of a portion
of First Court Road, beginning at the Southern boundary
of Shore Drive and running 1165.07 feet in a
Southwesterly direction, containing 1.42 acres
(BA YSIOE BOROUGH).
THE RUNNYMEDE
streets, containing
BOROUGH):
CORPORATION - following
1.385 acres (L YNNHA VE N
Pine Street: Beginning at the Southern boundary of
Fourth Street and running 457.03feet in a Southerly
direction to the Northern boundary of South Boulevard.
Po_Mar Street: Beginning at the Southern boundary of
Fourth Street and running 456.99feet in a Southerly
direction to the Northern boundary of South Boulevard
VIRGINIA BEACH MARLIN CLUB, INC., AND
WALTER CASON BARCO the following parcels
(VIRGINIA BEACH BOROUGH):
Parcel 1; Portion of Greensboro Avenue beginning
at the Northwest intersection of Greensboro Avenue and
Mediterranean Avenue, running a distance of forty-eight
(48) feet along the Northern property line (Southern
boundary of Block 30, Shadow Lawn Heights)
and running in a Southeasterly direction to the
Southwest intersection of Greensboro Avenue and
Mediterranean Avenue, containing 1,327 square feet.
Parcel 2: Portion of Mediterranean Avenue,
running a distance of forty-one (41)feet along the
Eastern property line (Western boundary of Lot 1, Block
18, Shadow Lawn Heights) and running in a
Northwesterly direction to the Southwest intersection of
Greensboro Avenue and Mediterranean Avenue,
containing 1,547 square feet.
J. lc
Application of SPRINT, P.C.S. for a Conditional Use
Permit for a wireless communication cell tower on Lot
11, London Bridge Industrial Park (553 Central Drive),
containing 4.482 acres (L YNNHA VEN BOROUGH).
February 10, 1998
- 10-
AGENDA RE VIE W SESSION
ITEM # 43202 (Continued)
J. Id Application of NEXTEL COMMUNICATIONS, INC.
for a Conditional Use Permit for a wireless
communications monopole at the Southwest intersection
of Norfolk-Virginia Beach Expressway and First
Colonial Road (409 First Colonial Road), containing
4.1896 acres (L YNNHA VEN BOROUGH).
J. le Application of CHECKERED FLAG MOTOR CAR
COMPANY, INC. For a Conditional Use Permit for
automobile sales, repair and service, sale qf parts ~nd
parking & storage qf vehicles on the South side of
Virginia Beach Boulevard 260feet more or less East
of Kings Grant Road (2981 Virginia Beach Boulevard),
containing 34,281.7 square feet (L YNNHA VEN
BOROUGH).
J. If Application of ALL SAINTS' EPISCOPAL CHURCH
for a Conditional Use Permit for a church expansion
at the Northwest intersection of Woodside Lane and
Adam Keeling Road (1968 Woodside Lane),
containing 5 acres (L YNNHA VEN BOROUGH).
J. lg Application of FOREFRONT CHURCH for a
Conditional (/se Permit for a church on the North side
of Strawbridge Road, West of General Booth Boulevard
(2133 General Booth Boulevard), containing 4.5071
acres (PRINCESS ANNE BOROUGH).
J. Ih Application of WINDSOR OAK~¥ WEST, PARCEL 2,
LL C. for a Change o_f Zoning District Classification
from B-2 Communi~ Business District to
Conditional A-18 Apartment District at the Northeast
corner of Holland Road and Shoreline Court, containing
2.579 acres (PRINCESS ANNE BOROUGH).
J. li
Application of STATEMENT, LTD. for a
Change of Zoning District Classification from 0-2
l~J.C,.e~D_i~;I to Conditional B-IA Limited Communi~.
Busi~ on Lot 5, Freemac Lake Shores (1361
Laskin Road), containing 21, 780 square feet
(L r2WVHA VEN BOROUGH).
Application of HABITA T FOR HUMANITY, SOUTH
HAMPTON ROADS for a Change of Zoning District
Classification from A-12 Apartment District to R-,~S
Residential Single-Family District on Lots 5 and 6,
Morgan Terrace (1139 Carver Avenue), containing
16,000 square feet more or less (LYNNHAVEN
BOROUGH).
Item J. 1.a. will be REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT
Item J.l.b. will be AUTHORIZED FINAL APPROVAL, BY CONSENT.
Item J.l.c. will be AUTHORIZED FOR AN ADDITIONAL 180 DEFERRAL, BY CONSENT.
February 10, 1998
-11-
GENERAL ASSEMBL Y ACTIONS
ll:IO A.M.
ITEM # 43203
The City Manger advised the Status Report for the 1998 Legislative Issues and correspondence relative
comments on these issues was distributed to City Council and is hereby made a part of the record.
Council Lady Henley referenced the funding for School Construction and if the City Council had taken a
position. The City Manager advised there are approximately twenty Bills related to School construction in
various descriptions. Virtually all of them would benefit the City. A joint letter with the Superintendent is
being prepared indicating the City's favor of virtually all the Bills. Governor Gilmore said no action should
be taken on this issue until after additional study.
If the City goes ahead with a successful Referendum, and ifa Bill is not passed this year, will this hurt the
City's ability for funding? Ifa bill could be passed this year, it wouM put the City in a better position for this
year's Referendum. The City Manager advised if the Referendum is successful, the bonds would not be sold
before the City knew the result of the next General Assembly Session.
Councilman Branch advised he couM endorse forwarding a letter to the City's delegation requesting this
issue be acted upon rather than studied.
Council Lady Henley advised members of City Council could be available if necessary to testify. The City
Manager will check with Robert Matthias and the City's lobbyist to determine City Council's attendance.
Council Lady Parker referenced citizen concern relative House Bil1342(hand gun bill) which would allow
a citizen to take a gun into a bar with a permit for concealed weapons. The City Manager advised there is
a repealprovision contained within this Bill which wouldREPEAL the section stating one cannot take a gun
into a bar, which would imply that one could. This is being OPPOSED.
Relative the Chesapeake Bay Preservation Board Bills, Mary Heinricht advised she was excluded from these
meetings. Council Lady Parker understood the fine has been decreased to approximately $100 a day.
Assistant City Attorney Vanessa Valldejuli advised the builders had proposed $1 O0 a day; however, Delegate
McDonnell and Senator Stolle held fast and the penalty is $1,000 a day with a $10,000 cap for civil charge
and the same for civil penalties. Under the Wetlands Act, Civil Penalties would have been a $25,000 cap.
The Homebuilders supported this at both hearings.
Councilman Branch referenced the different car tax plans (relief from personal property). Northern
Virginia receiving almost twice as much as our area is not the proper way to go. The City Manager advised
he will poll the delegation to make sure they are aware of the City's continuing concern about the equity
issue. Council Lady Strayhorn expressed concern relative reimbursement received in a timely manner.
BY CONSENSUS, a letter will be written discussing the inequity of the funding and the funding received in
a timely manner, not a deferred manner.
Council Lady Strayhorn referenced the revision for the funding formula for the State Health Department
is not being covered.
The City Manager advised it is a fundamental question of the equity of the formula. The City has been
severely penalized the last twenty some odd years in terms of the operation of this formula, which utilizes
very old population numbers and a number of factors which works to the City's disadvantage. The last study
advised it would take approximately $7-MILLION of new money in the Health Funding Pot to hold all
cities across the State so none would lose money under the new formula. The State has been unwilling to
do this. It is a travesty for the City. The City's delegation has expressed concern.
Vice Mayor Sessoms advised at the request of City Council two years ago, he met with the delegation on this
specific issue and all were very cooperative.
Council Lady Strayhorn wished to know if any of the delegation had brought this issue forward. The City
Manager advised VML had brought this issue forward. The City Manager will provide information relative
the delegation.
Councilman Baum referenced the Mayor's correspondence to Delegate Purkey relative the Back Bay Study.
This study is on hold.
February 10, 1998
- 12-
CITY CONCERNS
11:45 A.M.
ITEM # 43204
Council Lady Henley referenced the many compliments to the City for their endeavors concerning the storm
at Sandbridge. Appreciation was extended to the City crews for an extraordinary job.
Council Lady Henley cited the problem of the continued migration of the wild horses from the Corella area
up through Sandbridge. One horse was struck by an automobile in December and had to be destroyed. A
process has been developed with the Sandbridge Civic League and the Tidewater Western Riders Association
to return these horses to North Carolina. They are willing to continue this process, but would like this Policy
legitimized by the City. The Civic League has requested the City host a meeting of the concerned
organizations and agencies to institutionalize this process. Ultimately, the City is requested to ADOPT an
Ordinance similar to the one in Currituck County protecting the wild horses.
ITEM # 43205
Council Lady McClanan referenced the Board of Zoning Appeals Agenda for February 18, 1998, the item
relative the Appeal of termination for the Billboard on Shore Drive.
Assistant City Attorney William Macali advised Adams Advertising had been put on notice that the Billboard
had exceeded the original cost of the billboard and had to come down. However, by law, the Zoning
Administrator when issuing an order has to give notice to a party of the right to appeal to the Board of
Zoning Appeals. Thus, Adams is appealing the Zoning Administrator's Order to remove the billboard. The
aggrieved party may appeal to Circuit Court and thereafter all the way up to the Virginia Supreme Court.
ITEM # 43206
Council Lady Strayhorn expressed appreciation to the City Manager and staff for the DIVERSITY PLAN.
This is a great start and because it is such valuable information. Council Lady Strayhorn requested a
comparison of the ftgures on the chart from year-to-year.
February 10, 1998
- 13-
JET SKI REPORT
11:48 A.M.
ITEM # 43207
Vice Mayor William D. Sessoms, Jr., Chair- Jet Ski Advisory Committee, expressed appreciation to Council
Lady McClanan for her participation on the Committee. Vice Mayor Sessoms presented information relative
the Final Report of the Jet Ski Advisory Committee:
City Issues
City Council is requested to pursue, through the
appropriate process with the Planning Commission, an
amendment to the zoning ordinance to make rental of
any boat or watercraft a use that requires a conditional
use permit. This process would take approximately 90
days.
It is recommended copies of approved conditional use
permits be forwarded to the Marine Patrol Division of
the Police Department for enforcement.
It is recommended that the lease/franchise for the 31st
Street Jet Ski Rental operation not be renewed.
It is further recommended that no additional leases for
jet ski operation be awarded in the resort area.
City Council should direct the City Manager to make
sure appropriate slow~no wake signs and channel
markers are placed throughout the City.
City Council should direct the City Manager to enforce
the use permit condition on the jet ski rental at Henry's
Restaurant which provides that all operations of jet skis
rented from that site shall be in the Chesapeake Bay
area, outside of Lesner Bridge.
City Council should make any further leases for
personal watercraft rental operations have, as part of
that lease, a requirement that the rental operation
employees show evidence of attending the education
program prepared for jet ski operations, etc. This is
approximately a six hour course prepared by the
Department of Game and Fisheries and others. The City
should also require that rentals of personal watercraft
only be made to persons who can prove they are 16
years or older and have a driver's license.
The Mayor is requested to transmit a letter to John
Stasko, Refuge Manager at Back Bay, requesting that he
make all of the Back Bay National Wildlife Refuge off
limits to personal watercraft operation.
Vice Mayor Sessoms advised the last item is not necessary as current legislation addresses the problem in
Back Bay.
State Issues
The General Assembly should be requested to amend the
State Code to provide that PVe'Cs cannot be operated by
individuals under the age of 16 and that individuals
over the age of 16 who operate a PVe'C must have a
valid driver's license. Such an amendment should
provide an exception for those between the ages of 14
and 16 who can show evidence that they have
completed the safe PVe'C operators course.
February 10, 1998
- 14-
JET SKI REPORT
ITEM # 43207 (Continued)
The General Assembly shouM be requested to amend the
State Code so that convictions for DUI or reckless
boating must be put on the driving record abstract. No
points, etc. wouM be attached to these infractions, but it
wouM give judges an opportunity to have information on
past infractions of the boating DUI or reckless
operation statutes.
The General Assembly Delegation should be requested
to ensure that the current practice of renting a jet ski at
the oceanfront, but actually operating it from Seashore
State Park, will be prohibited.(This item has been
passed through the Committees in the State Legislature)
The General Assembly should be requested to adopt
changes to the State Code requiring jet ski rental
operators to have a minimum of $2-MILLION liability
insurance. (This is moving forward at the State level, but
has been reduced to SI-MILLION).
The General Assembly Delegation should be requested
to pursue legislation, if necessary, to require the letter
"R" to be made part of the registration number of
rental personal watercraft. (This item has moved
forward in the General Assembly).
The General Assembly should be requested to amend the
State Code by provlding that the City of Virginia Beach
may, by ordinance, require PWCs to maintain a distance
of lOO feet from the shore and docks, as opposed to the
current maximum of 50 feet; with the exception that
PIVCs can be required to maintain a distance of 500
feet from the shoreline of the Chesapeake Bay and
Atlantic Ocean.
The Jet Ski Advisory Committee has recommended the establishment of a Beach and Waterways
Commission. Perhaps the Erosion Commission could be blended within this Commission. All Members of
the Jet Ski Advisory Committee have expressed an interest in becoming a member of this new Commission.
Vice Mayor Sessoms shall confer with City staff relative the proposed Commission, the responsibilities and
composition.
February 10, 1998
- 15-
ITEM # 43208
Vice Mayor William D. Sessoms, Jr. called to order the INFORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, February 10, 1998,
at 12.'10 P.M..
Council Members Present:
John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa
M. Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf and Louis R. Jones
February 10, 1998
-16-
ITEM # 43209
Vice Mayor Sessoms entertained a motion to permit City Council to conduct its EXECUTIVE SESSION,
pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS; Discussion or consideration of or
interviews of prospective candidates for employment, assignment,
appointment, promotion, performance, demotion, salaries,
disciplining, or resignation of specific public officers, appointees,
or employees pursuant to Section 2.1-344 (A) (1).
To Wit:
Personnel Board
Shore Drive Advisory Committee
Youth Services Coordinating
PUBLICLY-HELD PROPERTE: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose,
or of the disposition of publicly-held property, or of plans for the
future of an institution which could affect the value of property
owned or desirable for ownership by such institution pursuant to
Section 2.1-344(A)(3).
Princess Anne Borough
Lynnhaven Borough
Virginia Beach Borough
LEGAL MATTERS: Consultation with legal counsel or briefings
by staff members, consultants, or attorneys pertaining to actual or
probable litigation, or other specific legal matters requesting the
provision of legal advice by counsel pursuant to Section 2.1-
S44(A)(7).
To-Wit:
The Estate of Bruce V. Quagliato
v. City of Virginia Beach
Upon motion by Councilman Baum, seconded by Councilman Heischober, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Reba S. McClanan,
Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa
M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Louis R. Jones and Mayor Meyera E. Oberndorf
February 10, 1998
-17-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
February 10, 1998
2:15 P.M.
Vice Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, February 10, 1998, at 2.'15 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf
[FEATURED GUEST/BREAKFAST A T THE
BEACH/Rockefeller Plaza, New York]
INVOCATION:
The Reverend James R. Wolfcale
Atlantic Shores Baptist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may
or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor
Sessoms' letter of January 1, 1998, is hereby made a part of the record.
February 10, 1998
Item VI-E
- 18-
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 43210
Upon motion by Councilman Jones, seconded by Lady 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 motion
convening the Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, William V~. Harrison, Jr., Harold Heischober,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Nancy K.
Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M.
Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf and Linwood O. Branch, III
February 10, 1998
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 43209, Page 16, and in accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only public business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Executive Session
to which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Ragth Hodges Smith, CMC/AAE
City Clerk
February 10, 1998
Item VI-F. 1,
- 19-
MINUTES
ITEM # 43211
Upon motion by Councilman Heischober, seconded by Council Lady Parker, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of February 3, 1998.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 20-
Item VI-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 43212
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following shall be ADDED to the AGENDA:
Resolution to express support for the enactment of House Bill 1208
and Senate Bill 581; and, opposition to the enactment of House
Bills 1166 and 1228 and Senate Bill 686, re outdoor advertising
structures on State Highways.
Resolution to support reauthorization of the Intermodal Surface
Transportation Efficiency Act (ISTEA); and removal of the
various Federal Transportation Trust funds from the United
Federal Budget.
Ordinance to confirm the Declaration of Local Emergency signed
by Mayor Meyera E. Oberndorf on 4 February 1998.
February 10, 1998
- 21 -
Item
ORDINANCES/RES OL UTIONS
ITEM # 43213
Upon motion by Councilman Harrison, seconded by Lady Parker, City Council APPROVED IN ONE
MOTION Ordinances 1, 2, 3, 4a., 6a. and Resolutions 6.b. 7, 8, 9 and 10 of the CONSENT AGENDA.
I. 8 was ADOPTED, as REVISED.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 1 O, 1998
Item VI-L1.
- 22 -
ORDINANCES/RESOL UTIONS
ITEM # 43214
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED:
Ordinances to AMEND the City Code:
Sections 2-386, 8-2, 8-27, 8-52, 8-69, 8-70, 8-72, 8-73, 12-45, 34-9
and 37-17DELETING references to Articles, Sections and Volumes
of the Virginia Uniform Statewide Building Code and REVISING
the title of the Building Official to Building Code Administrator.
Article V, Sections 8-111 through 8-115 DELETED re Virginia
Tradesmen Certification Standards
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
1
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3
4
5
6
7
AN ORDINANCE TO AMEND THE CITY CODE BY
DELETING REFERENCES TO ARTICLES, SECTIONS AND
VOLUMES OF THE VIRGINIA UNIFORM STATEWIDE
BUILDING CODE AND REVISING THE TITLE OF THE
BUILDING OFFICIAL
SECTIONS AMENDED: 2-386, 8-2, 8-27, 8-52, 8-
69, 8-70, 8-72, 8-73, 12-45, 34-9 AND 37-17
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 2-386, 8-2, 8-27, 8-52, 8-69, 8-70, 8-72, 8-73,
12-45, 34-9, and 37-17 of the Code of the City of Virginia Beach,
Virginia, are hereby amended and reordained to read as follows:
Sec. 2-386. Composition of permits and inspections division;
police powers of building official, deputies and
division inspectors.
(a) The permits and inspections division of the department of
planning shall be responsible for all matters pertaining to, and
the enforcement of, the Virginia Uniform Statewide Building Code
("USBC") and all model building codes which have been adopted and
incorporated by reference into the Code of the City of Virginia
Beach under article II of chapter 8 hereof, fire and health
inspections for new construction, including the ordering, in
writing, of the remedying of any condition found in violation of
such codes or any ordinance, and the bringing of legal action to
ensure compliance therewith, including injunction, abatement and
any other appropriate action or proceedings. Such division shall
perform such other duties as may be required, assigned or
prescribed.
(b) There shall be, within the permits and inspections
division, a building official code administrator who shall perform
all of the functions and have all of the powers of the code
official as set forth in the USBC for new construction. Police
powers are hereby conferred upon the building official code
administrator and designated deputies or inspectors assigned to the
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permits and inspections division while engaged in performing their
duties, and they are each hereby granted the authority to issue
stop-work orders, to serve written notices of violation, to order
the abatement of such violation and to issue a summons to the
general district court to any person in the city who shall fail to
obey a lawful order contained in such stop-work order or notice of
violation.
ARTICLE I. IN GENERAL
Sec. 8-2. Notice of and order to abate violations of chapter and
zoning ordinance.
The building official code administrator, the zoning
administrator or any inspector assigned to the division of permits
and inspections who has been given the duty to enforce building
regulations set forth in this chapter, other than the regulations
prescribed in the building code, and the zoning ordinance set forth
in appendix A of this Code shall have the authority to serve a
written notice of violation and to order the abatement of such
violation. The building official code administrator, zoning
administrator and such inspector are each hereby granted the
authority to issue a summons to the general district court to any
person in the city who shall fail to obey a lawful order contained
in such notice of violation.
ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE
DIVISION I. GENERALLY
Sec. 8-27.
Violations--Provisions
notice; etc.
governing
prosecutions;
The provisions ~A~~~~-~-~A ~" v~A~ ..~.~,,,~ .... I of the Virginia
Uniform Statewide Building Code shall govern the prosecution of
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violations of such code; provided, that the building cfficial code
administrator or any inspector assigned to the division of permits
and inspections shall have the authority to serve a written notice
of violation and to order the abatement of such violation; and
provided further, that the building official code administrator may
request the city attorney to institute appropriate legal
proceedings in cases of violations of the provisions of such code.
The building cfficial code administrator and any such inspector are
hereby granted the authority to issue a summons to the general
district court to any person who fails to obey a lawful order
contained in such notice of violation.
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DIVISION 2. INSPECTIONS
Sec. 8-52. Same--Certificate of inspection.
(a) The certificate of inspection required by -Jcl'amc I of the
Virginia Uniform Statewide Building Code shall be issued by the
~ -~ code administrator or his or her authorized
building c~ici~
representative. One (1) copy of such certificate shall be
furnished to the permit holder and one (1) copy shall be furnished
to the Virginia Power Company.
....... 1 code administrator shall
(b) Whenever the building
grant permission for the temporary use of electric power under the
provisions of the building code, the temporary certificate of
inspection shall be furnished to the owner of the premises
concerned and shall contain a specific condition and order that
such temporary use shall not permit any occupancy whatsoever of any
building or structure covered by such temporary certificate. Notice
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of the issuance of such temporary certificate shall be given to the
Virginia Power Company.
(c) It shall be unlawful for any person to connect or permit
to be connected any electrical wiring or equipment to any source of
electric current or supply before receiving a written certificate
from the building cfficial code administrator.
ARTICLE III. BOARD OF BUILDING CODE APPEALS
Sec. 8-69. Established; divisions.
(a) There is hereby established a board of building code
appeals as provided for in --"~ ~ '--~ .... ~ ~ th Vi gi i
~~ ~, ,~ ..... ~ ~ ~ e r n a
Uniform Statewide Building Code.
(b) The board of building code appeals shall consist of four
(4) divisions, each having a membership separate and distinct from
the others, as follows:
(1)
(2)
(3)
The new construction division, which shall hear and
decide appeals relating to -~ ....... ~"~ ~ ...... ~ ..... ~
-'-~ .... = ~= the design and construction of buildinqs and
structures as set forth in the Virginia Uniform Statewide
Building Code, except as provided in subdivisions (3) and
(4) hereof.
The building maintenance division shall hear and decide
appeals relating to mattcrs ---~ ~ ' ~ ~-^~ ....
II cf existing structures as set forth in the Virginia
Uniform Statewide Building Code, except as provided in
subdivisions (3) and (4) hereof.
The plumbing and mechanical division shall hear and
decide appeals from any order, ruling or other decision
of the division of permits and inspections involving
plumbing or mechanical work.
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(4)
The electrical division shall hear and decide appeals
from any order, ruling or other decision of the division
of permits and inspections involving electrical work.
Sec. 8-70. Membership positions; terms; qualifications.
(a) Each division of the board of building code appeals shall
consist of five (5) members, who shall be appointed by the city
council. The initial members of each such division shall be the
members of their respective predecessor boards holding such office
as of the date of enactment of this section; provided, however,
that no officer, employee or official of the city shall serve as a
member of the board.
(b) The term of office of members of the board shall be two
(2) years; provided, however, that the initial members of the board
shall serve as such until the expiration of their terms as members
of their respective predecessor boards. Members may, subject to the
provisions of section 2-3 of this Code, be reappointed.
(c) The new construction division shall consist of five (5)
members and shall include a state-registered professional engineer
engaged in the design of buildings and structures; a state-
registered architect licensed, or associated with a firm licensed,
to conduct business in this c a ~ ............. z .........
plan.ncr state licensed and registered design professional with fire
protection enqineering experience; a member of the building
materials supply business; and a state-registered general
contractor licensed to conduct business in this city.
(d) The building maintenance division shall consist of five
(5) members, none of whom shall hold any office of profit at the
time of appointment or during his or her term of office.
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(e) The plumbing and mechanical division shall consist of
five (5) members and shall include a licensed and registered
architect, a licensed and registered engineer, a licensed and
registered building contractor, a licensed and registered master
tradesman holding a valid certificate of competency in mechanical
work, and a licensed and registered master tradesman holding a
valid certificate of competency in plumbing.
(f) The electrical division shall consist of five (5) members
and shall include four (4) certified master tradesmen in electrical
work and a representative of the Virginia Power Company.
Sec. 8-72. Officers.
Each division of the board shall elect from its membership a
chairperson. The building cfficial code administrator shall select
one (1) or more employees from the permits and inspections division
of the department of planning to serve as secretary to the new
construction, plumbing, mechanical and electrical divisions of the
board. The code enforcement administrator for the division of code
enforcement of the department of housing and neighborhood
preservation shall select one (1) or more employees from the
division of code enforcement of the department of housing and
neighborhood preservation to serve as secretary to the building and
maintenance division of the board. The secretary of each division
shall maintain a detailed record of all proceedings of such
divisions.
Sec. 8-73. Appeals, rules of procedure; meetings generally.
Appeals to the board of building code appeals and rules
governing the holding and conduct of meetings of the divisions of
the board shall be in accordance with the provisions therefor set
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~ ~ ~ gi
177 forth in - ~-~- ~T_~ ....
........ , ........ I of the Vir nia Uniform Statewide
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Building Code.
CHAPTER 12
FIRE PREVENTION CODE
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Sec. 12-45. New materials, processes or occupancies which may
The city manager, the chief of fire protection and the
building cffieial code administrator shall act as a committee to
determine and specify, after giving affected persons an opportunity
to be heard, any new materials, processes or occupancies which
shall require permits, in addition to those now enumerated in the
fire prevention code adopted in this article, require pe~aLits.
The chief of fire protection shall post such lists in a conspicuous
place in his or her office and distribute copies thereof to
interested persons.
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CHAPTER 34
SWIMMING POOLS
Sec. 34-9. Violations of provisions governing prosecutions,
notice, etc.
The provisions cf Vclumc I of the Virginia Uniform Statewide
Building Code shall govern the prosecution of violations relating
to the design and construction of swimming pools and installation
of related equipment. A violation of any other provision of this
chapter shall constitute a Class 3 misdemeanor ~-~
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CHAPTER 37
WATER SUPPLY
Sec. 37-17. Maximum flow rate or water usage for fixtures or trim.
Maximum water consumption flow rates and quantities for all
plumbing fixtures and fixture fittings for which a plumbing permit
is issued after July 1, 1993, shall be in accordance with the
applicable provisions cf Vclumc I of the Virginia Uniform Statewide
BuildSng Code.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 10th day of February, 1998.
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CA-6729
DATA/ORDIN/NONCODE/USBC.ORD
JANUARY 21, 1998
R3
APPROVED AS TO CONTENT
Department of Planning
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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AN ORDINANCE TO AMEND THE CITY CODE
BY DELETING PROVISIONS PERTAINING TO
VIRGINIA TRADESMEN CERTIFICATION
STANDARDS
SECTIONS DELETED: ARTICLE
SECTIONS 8-111 THROUGH 8-115
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That Article V, Sections 8-111 through 8-115, of the Code of
the City of Virginia Beach, Virginia, is hereby deleted.
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ARTICLE V. RESERVED
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Sec 8-111--8-115. Reserved.
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Tradcsmen
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62 Secs. 8-116--8-130. Reserved.
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Adopted by the City Council of the City of Virginia Beach on
this 10th day of February, 1998.
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CA-6887
DATA/ORDIN/PROPOSED/08-111et.ORD
JANUARY 8, 1998
R1
APPROVED AS TO CONTENT
Department of Planning
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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Item Vid. 2.
- 23 -
ORDINANCES/RES OL UTIONS
ITEM # 43215
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $265,680 in Section
8 Funds from the United States Department of Housing and Urban
Development (HUD); and, authorize the City Manager execute a
contract to continue rental subsidies to residents of property with
expiring rental subsidy agreements.
Voting:
10-0 (By ConsenO
Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William }V. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Members Voting Nay:
None
Members Absent:
Mayor Meyera E. Oberndorf
Members Absent:
None
February 10, 1998
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AN ORDINANCE TO ACCEPT AND APPROPRIATE
$265,680 IN SECTION 8 FUNDS FROM THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
("HUD") AND TO AUTHORIZE THE CITY MANAGER TO
EXECUTE A CONTRACT WITH HUD TO CONTINUE RENTAL
SUBSIDIES TO RESIDENTS OF PROPERTY WITH
EXPIRING RENTAL SUBSIDY AGREEMENTS
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WHEREAS, the Virginia Beach Department of Housing and
Neighborhood Preservation receives Federal funding through the
Section 8 Rental Assistance Subsidy Program administered through
the United States Department of Housing and Urban Development to
provide rental assistance to low and moderate income families;
WHEREAS, the original subsidy agreements between HUD and
property owners are expiring thereby allowing property owners to
raise rents;
WHEREAS, an increase in rents could create financial hardships
for the residents of properties; and
WHEREAS, Congress has authorized special Section 8 rental
assistance funds to provide housing assistance to residents of
affected properties to continue receiving Section 8 rental
subsidies.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. 'That $265,680 in Section 8 funds are hereby accepted from
the U. S. Department of Housing and Urban Development and
appropriated to the FY 1997-98 Operating Budget of the Department
of Housing and Neighborhood Preservation; and
2. That the City Manager is hereby authorized to execute a
contract with HUD to continue providing rental subsidy assistance
to residents of property with expiring rental subsidy agreements.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10th day of February , 1998.
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CA-6903
DATA/ORDIN/NONCODE/RENTAL.ORD
DATE PREPARED: FEBRUARY 4, 1997
R4
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APPROVED AS TO CONTENT
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Management Services
APPROVED AS TO LEaAL
SUFFICIENCY
- 24 -
Item VI-I. 3.
ORDINANCES/RESOL UTIONS
ITEM # 43216
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to establish Princess Anne Park/Soccer Complex as
CIP g4-Oll; TRANSFER $335,000 from CIP g4-935 Princess
Anne Park Expansion - Phased Improvements (partial) re site
improvements (screening and noise/dust reduction).
Voting:
10-0 (By ConsenO
Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William ~ Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Members Voting Nay:
None
Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
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AN ORDINANCE TO ESTABLISH CAPITAL PROJECT #4-
011 PRINCESS ANNE PARK/SOCCER COMPLEX AND TO
TRANSFER $335,000 FROM CAPITAL PROJECT #4-935
PRINCESS ANNE PARK EXPANSION - PHASED
IMPROVEMENTS (PARTIAL) TO CAPITAL PROJECT #4-
011 PRINCESS ANNE PARK/SOCCER COMPLEX FOR SITE
IMPROVEMENTS RELATED TO IMPROVING SCREENING
AND REDUCING NOISE AND DUST AT THE SOCCER
COMPLEX
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WHEREAS, the installation of a gravel parking lot at the
Virginia Beach Soccer Complex has created concern regarding dust,
noise, and screening of the parking lot;
WHEREAS, the Salem Lakes Civic League and the Department of
Parks and Recreation have held two meetings to seek alternatives
to resolve this issue and have agreed to the necessary site
improvements;
WHEREAS, the City proposes creating Capital Project #4-011
Princess Anne Park/Soccer Complex to account for site
improvements including creating a berm with planting, paving the
existing parking lot, constructing a new parking lot on the other
side of Recreation Drive, and planting of the existing parking
lot;
WHEREAS, sufficient funding is available in Capital Project
#4-935 Princess Anne Park Expansion - Phased Improvements
(Partial) to transfer to Capital Project #4-011 Princess Anne
Park/Soccer Complex to fund these site improvements.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, Virginia: That the Capital Budget is hereby
amended by the establishment of Capital Project #4-011 Princess
Anne Park/Soccer Complex;
BE IT FURTHER ORDAINED; That $335,000 is hereby transferred
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from Capital Project #4-935 Princess Anne Park Expansion - Phased
Improvements (Partial) to Capital Project #4-011 Princess Anne
Park/Soccer Complex for site improvements including creating a
berm with planting, paving the existing parking lot, constructing
a new parking lot on the other side of Recreation Drive, and
planting of the existing parking lot.
Adopted the 10
Februsry
day of __, 1998, by the Council of the
City of Virginia Beach, Virginia.
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APPROVED AS TO CONTENT
Walter C. Kra~r, Jr.,
Department of Management Services
CA-
G:\DATA\ODIN\NONCODE~SOCCER.ORD
JANUARY 3, 1998
R-1
- 25 -
Item VI-I. 4a..
ORDINANCES/RES OL UTIONS
ITEM it 43217
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City ADOPTED:
Ordinance to authorize temporary encroachment:
A portion of the City's 300-foot wide drainage easement known as
Canal No. 2 (London Bridge Industrial Park II, Phase One, Lot 12)
by Oceana Development, LP. modifying encroachment approved
August 5, 1997, re use of two fifleen-inch PVC outfall pipes; and,
authorize the City Manager execute the Agreement.
The following conditions shah be required:
The temporary encroachment shah be constructed and
maintained in accordance with the laws of the
Commonwealth of Virginia and the City of Virginia
Beach and in accordance with the City of Virginia Beach
Public Works Department's specifications and approval
as to size, alignment and location.
The temporary encroachment shah terminate upon
notice by the City of Virginia Beach to the applicant and,
within thirty (30) days after such notice is given, such
temporary encroachments shah be removed from the
City's 300'drainage easement known as Canal No. 2 by
the applicant and the applicant shah bear aH costs and
expenses of removal.
The applicants shah indemnify and hold harmless the
City of Virginia Beach, its agents and employees from
and against aH claims, damages, losses and expenses,
including reasonable attorney's fees in case it shall be
necessary to file or defend an action arising out of the
location or existence of such temporary encroachment.
Nothing herein contained shah be construed to enlarge
such permission and authority to permit the maintenance
or construction of any encroachment other than that
specified herein and to the Hmited extent specified
herein, nor to permit the maintenance and construction
of any encroachment by anyone than the applicant.
5. The applicant agrees to maintain the temporary
encroachment so as not to become unsightly or a hazard.
6.
The applicant must obtain a permit from the
Development Services Center prior to commencing any
construction within the City's 300' drainage easement.
The applicant shall obtain and keep in force aH risk
property insurance and general liability or such
insurance as is deemed necessary by the City, and aH
insurance policies must name the City as additional
named insured or loss payee, as applicable. The
applicant must also carry comprehensive general
liability insurance in an amount not less than Five
Hundred Thousand Dollars ($500,000), combined single
limits of such insurance policy or policies. The
applicant must provide endorsements providing at least
thirty (30) days' written notice to the City prior to the
cancellation or termination of, or material change to,
any of the insurance policies. The applicant assumes aH
responsibilities and liabilities, vested or contingent, with
relation to the temporary encroachment.
February 10, 1998
- 26-
Item VI-L 4a..
ORDINANCES/RESOL UTIONS
ITEM # 43217 (Continued)
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10.
11.
Prior to issuance of a Right-of-Way Permit, the
applicant must post a Performance Bond. The amount
of the bond shall be determined by the Department of
Planning, Development Services Center (DSC) at the
time of site development plan review.
Any above-ground temporary encroachment shall
conform to the minimum setback requirements as
established by the City Traffic Engineer's Office.
The applicant shall submit for review and approval a
survey of the area being encroached upon, certified by a
registered professional engineer or a certified licensed
land surveyor and/or "as built" plans of the temporary
encroachment, sealed by a registered professional
engineer, of the temporary encroachment, if required by
either the City Engineer's Office or the Engineering
Division of the Public Utilities Department.
The City, upon revocation of such authority and
permission so granted, may remove any such temporary
encroachment and charge the cost thereof to the
applicant and collect the cost in any manner provided by
law for the collection of local or state taxes; may require
the applicant to remove such temporary encroachment;
and, pending such removal, the City may charge the
applicant for the use of such portion of the City's right-
of-way encroached upon the equivalent of what wouM be
the real property tax upon the land so occupied if it were
owned by the applicant; and if such removal shall not be
made within the time specified by the City, the City shall
impose a penalty in the sum of One Hundred Dollars
($100.00) per day for each and every day that such
temporary encroachments are allowed to continue
thereafter, and shall collect such compensation and
penalties in any manner provided by law for the
collection of local or state taxes.
Voting:
10-0 (By ConsenO
Members Voting Aye:
John ,4. Baum, Linwood O. Branch, IlL William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Members Voting Nay:
None
Members ,4bsent:
Mayor Meyera E. Oberndorf
February 10, 1998
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B1
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS INTO A
PORTION OF THE CITY'S 300' WIDE
DRAINAGE EASEMENT KNOWN AS
CANAL NO. 2 BY OCEANA
DEVELOPMENT, L.P., ITS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, Oceana Development, L.P. is the owner of that certain lot, tract,
or parcel of land designated and described as "London Bridge Industrial Park II, Phase One,
Lot 12" and being further designated and described as "GPIN 1496-68-8354"; and
WHEREAS, by Ordinance adopted by the City Council of the City of Virginia
Beach, Virginia on August 5, 1997, Oceana Development, L.P. obtained permission to
encroach into an existing 300' wide City drainage easement known as Canal No. 2 with two
(2) 15" RCP outfall pipes, approximately 120' in length each, with related rip-rap as a part of
the development of its adjacent site; and
WHEREAS, the City of Virginia Beach and Oceana Development, L.P. did sign
an Agreement dated July 11,1997, outlining the conditions under which the said approval was
granted and did record the said Agreement in the Office of the Clerk of the Circuit Court of
the City of Virginia Beach in Deed Book 3776, at Page 0391; and
WHEREAS, during the development of the aforesaid property owned by Oceana
Development, L.P., two (2) 15" PVC pipes, approximately 120' in length, with related rip-rap,
were installed instead of the previously approved 15" RCP pipes; and
WHEREAS, replacement of the said PVC pipes to conform to the RCP pipes
previously approved would create a monetary hardship for Oceana Development, L.P., it has
requested that the City of Virginia Beach modify its previous approval of the piping
encroachment into Canal No. 2 from the "RCP" pipe previously approved to "PVC" pipe as
installed; and
WHEREAS, the said request has been reviewed by the City of Virginia Beach
and the said 15" PVC pipes installed meet or exceed the City's standards for outfall piping and,
therefore, the City of Virginia Beach is willing to approve the request; and
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WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2018,
Code of Virginia, 1950, as amended, to authorize a temporary encroachments upon the City's
right-of-way subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof contained in §§ 15.2-
2009 and 15.2-2018, Code of Virginia, 1950, as amended OCEANA DEVELOPMENT, L.P.,
its heirs, assigns and successors in title is authorized to construct and maintain a temporary
encroachment for the aforesaid two (2) 15" PVC drainage outfall pipes with related rip-rap in
the City's 300' wide drainage easement known as Canal No. 2 as shown on those certain plats
entitled: "SITE PLAN · LOT 12, CENTRAL DRIVE - LONDON BRIDGE EAST" and
"PLAT SHOWING ENCROACHMENT INTO CITY OF VIRGINIA BEACH DRAINAGE
EASEMENT - CANAL #2 · LOT 12, PHASE I, LONDON BRIDGE INDUSTRIAL PARK
II- LYNNHAVEN/PRINCESS ANNE BOROUGH. VIRGINIA BEACH, VIRGINIA" copies
of which are on file in the Department of Public Works and to which reference is made for a
more particular description; and
BE IT FURTHER ORDAINED, that the temporary encroachments are expressly
subject to those terms, conditions and criteria contained in the Agreement between the City of
Virginia Beach and OCEANA DEVELOPMENT, L.P., (the "Agreement") which is attached
hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his authorized designee
is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as JERROLD L. MILLER, President of MLJ Corp., the General Partner of
OCEANA DEVELOPMENT, L.P. and the City Manager or his authorized designee execute
the Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 10
day of February ,1998.
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APPROVED AS TO CONTENTS
SIGNATURE
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
~ CITY ATTORNEY
LOCATION MAP
E
SCALE ~1"= 2640'
SITE
M98-68-115S4
STIHl.
ST~L
LOCATION MAP._.______
PROPOSED ENCROACHMENT INTO THE
_____/.CITY'S .~00' DRAINAGE EASEMENT KNOWN AS CANAL NO, 2--~
/~;:i.~,. /..~' FOR/ ~ J
OCEAN. A DEVELOPMENT, L,P.-- \ ~
/x'x.~SCALE: I': 400' / ~ II
PI~I:'I::)AD~.r~, OM. ~ /m r-~,t,-,
g.
12 ~,
'~o 2.173 AC. ~
13
CENTRAL
GRAPHIC SCALE IN FEET
0 50 1 O0 200
(so'
3OO
TIMOTHY M. FALLON
LAND SURVEYING
23221 VILLA COURT APT lA
CARROLLTON.VlRGINIA 23314.
VOICE 925-6875
FAX
No. 1659
SCALE 1'= 100
DATE: 6-20-97
PROJECT ~ 121ND
FB - PG -
D.B,2567 PG,14.06
11
LINE BEARING DISTANCE
L1. N 04'24'08' ~/ 15,00'
L2 S 85'35'52° ~/ 120,00'
L3 N 04'24'08° ~/ 20,00'
L4 N 85'35'5P° E 120,00'
L5 N 04'24'08' ~ 215.00'
L6 S 85'35'52' ~/ 120,00'
L7 N 04°24'08° ~¢ 20,00'
LLLg~ N 85'.._..___35'52' E 120,00'
N 04'~4'08' ~/ ~ '
PLAT SHOWING ENCROACHMENT
INTO CITY OF VIRGINIA BEACH
DRAINAGE EASEMENT CANAL #2
LOT 12, PHASE 1
LONDON BRIDGE INDUSTRIAL PARK
LYNNHAVEN / PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINIA
PREPARED BY VIRGINIA BEACH
CITY ATI'ORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(a)(3)
AND 58.1-811 (c)(4) REIMBURSEMENT
AUTHORIZED LTNDER SECTION 25-249
THIS AGREEMENT, made this oO'day of "~/o,.-~ , 19 ~,~', by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
party of the first part, and OCEANA DEVELOPMENT, L.P., a Virginia limited partnership,
ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, Grantee, party of the second part.
WITNESSETH:
That, WHEREAS, the party of the second part is the owner of that certain lot,
tract, or parcel of land designated and described as "London Bridge Industrial Park II, Phase
One, Lot 12" and being further designated and described as "GPIN 1496-68-8354"; and
That, WHEREAS, by Ordinance adopted by the City Council of the City of
Virginia Beach, Virginia on August 5, 1997, the party of the second part obtained permission
to encroach into an existing 300' wide City drainage easement known as Canal No. 2 with two
(2) 15" RCP outfall pipes, approximately 120' in length each, with related rip-rap as a part of
the development of its adjacent site; and
That, WHEREAS, the party of the first part and party of the second part did
sign an Agreement dated July 11, 1997, outlining the conditions under which the said
GPIN 1496-68-8354
approval was granted and did record the said Agreement in the Office of the Clerk of the
Circuit Court of the City of Virginia'Beach in Deed Book 3776, at Page 0391; and
That, WHEREAS, during the development of the property owned by the party
of the second part, two (2) 15" PVC pipes, approximately 120' in length, with related rip-rap,
were installed instead of the previously approved 15" RCP pipes; and
That, WHEREAS, replacement of the said PVC pipes to conform to the RCP
pipes previously approved would create a monetary hardship for the party of the second part,
the said part of the second part has requested that the party of the first part modify its previous
approval of thc piping encroachment into Canal No. 2 from the "RCP" pipe previously
approved to "PVC" pipe as installed; and
That, WHEREAS, the said request has been reviewed by thc party of the first
part and the said 15" PVC pipes installed meet or exceed the City's standards for outfall
piping and, therefore, thc party of the first part is willing to approve thc request; and
NOW, THEREFORE, for and in consideration of the premises and of the
benefits accruing or to accrue to the party of thc second part and for the further consideration
of One Dollar ($1.00), in hand paid, to thc said party of the first part, receipt of which is
hereby acknowledged, thc party of the first part doth grant to thc party of the second part a
tcrnporary encroachment to use a portion of the City's 300' drainage easement known as Canal
No. 2 for thc purpose of constructing and maintaining such 15" PVC outfall pipes and related
rip-rap. This grant does hereby supersede thc previous approval granted by thc Ordinance
adopted by the City Council of the City of Virginia Beach, Virginia on August 5, 1997 and
the aforementioned recorded Agreement dated July 11, 1997.
It is expressly understood and agreed that such temporary encroachment will
be constructed and maintained in accordance with the laws of the Commonwealth of Virginia
and the City of Virginia Beach, and in accordance with the City of Virginia Beach Public
Works Department's specifications and approval as to size, alignment and location and is
more particularly described as follows, to wit:
An area of temporary encroachment into a portion
of the City's 300' drainage easement known as Canal
No. 2 as shown on that certain plat entitled: "SITE
PLAN - LOT 12, CENTRAL DRIVE - LONDON
BRIDGE EAST" and "PLAT SHOWING
ENCROACHMENT INTO CITY OF VIRGINIA
BEACH DRAINAGE EASEMENT · CANAL//2 ·
LOT 12, PHASE 1, LONDON BRIDGE
INDUSTRIAL PARK II
LYNNHAVEN/PRINCESS ANNE BOROUGH ·
VIRGINIA BEACH, VIRGINIA" copies of which
are attached hereto as Exhibits "A" and "B" and to
which reference is made for a more particular
description.
It is further expressly understood and agreed that the temporary encroachment
herein authorized shall terminate upon notice by the City of Virginia Beach to the party of the
second part, and that within thirty (30) days after such notice is given, such temporary
encroachment shall be removed ii'om the City's 300' drainage easement known as Canal No.
2 by the party of the second part; and that the party of the second part shall bear all costs and
expenses of such removal.
It is further expressly understood and agreed that the party of the second part
shall indemnify and hold harmless the City of Virginia Beach, its agents and employees, from
and against all claims, damages, losses and expenses including reasonable attorney's fees in
case it shall be necessary to file or defend an action arising out of the location or existence of
such temporary encroachment.
It is further expressly understood and agreed that nothing herein contained
shall be construed to enlarge such permission and authority to permit the maintenance or
construction of any encroachment other than that specified herein and to the limited extent
specified herein, nor to permit the maintenance and construction of any encroachment by
anyone other than the party of the second part.
It is further expressly understood and agreed that the party of the second part
agrees to maintain said temporary encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the party of the second part
must obtain a permit from the Development Services Center prior to commencing any
construction within the City's 300' drainage easement.
It is further expressly understood and agreed that the party of the second part
shall obtain and keep in force All Risk Property Insurance and General Liability or such
insurance as is deemed necessary by the party of the first part, and all insurance policies must
name the party of the first part as additional named insured or loss payee, as applicable. The
party of the second part also agrees to carry Comprehensive General Liability Insurance in an
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amount not less than $500,000.00, combined single limits of such insurance policy or policies.
The party of the second part will provide endorsements providing at least thirty (30) days
written notice to the party of the first part prior to the cancellation or termination of, or
material change to, any of the insurance policies. The party of the second part assumes all
and liabilities, vested or contingent, with relation to the temporary
responsibilities
encroachment.
It is further expressly understood and agreed that prior to issuance of a Right
of Way permit, the party of the second part must post a Performance Bond. The amount of
the bond shall be determined by the Department of Planning, Development Services Center
(DSC) at the time of site development plan review.
It is further expressly understood and agreed that any above ground temporary
encroachments shall conform to the minimum setbacks requirements, as established by the
City Traffic Engineer's Office.
It is further expressly understood and agreed that the party of the second part
shall submit for review and approval, a survey of the area being encroached upon, certified
by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the
temporary encroachment sealed by a registered professional engineer, if required by either the
City Engineer's Office or the Engineering Division of the Public Utilities Department.
It is further expressly understood and agreed that the party of the first part,
upon revocation of such authority and permission so granted, may remove any such temporary
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encroachment and charge the cost thereof to the party of the second part, and collect the cost
in any manner provided by law for the collection of local or state taxes; may require the party
of the second part to remove such temporary encroachment; and pending such removal, the
party of the first part may charge the party of the second part compensation for the use of such
portion of the City's 300' drainage easement encroached upon the equivalent of what would
be the real property tax upon the land so occupied if it were owned by the party of the second
part; and if such removal shall not be made within the time ordered hereinabove by this
Agreement, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day that such temporary encroachment is allowed to continue
thereafter, and shall collect such compensation and penalties in any manner provided by law
for the collection of local or state taxes.
IN WITNESS WHEREOF, OCEANA DEVELOPMENT, L.P., a Virginia
limited partnership, has caused this Agreement to be executed in its name and on its behalf
by JERROLD L. MILLER, President of MLJ Corp., a Virginia corporation, its General
Partner, with due authority to bind said partnership. Further, that the City of Virginia Beach
has caused this Agreement to be executed in its name and on its behalf by its City Manager
and its seal be hereunto affixed and attested by its City Clerk.
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CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
OCEANA DEVELOPMENT, L.P., a Virginia limited
partnership
By:
MLJ CORP., a Virginia corporation, General Partner
~ROLD L. MILLER, President
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
., 19 ,by
DESIGNEE OF THE CITY MANAGER.
day of
, CITY MANAGER/AUTHORIZED
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
BEACH.
The foregoing instrument was acknowledged before me this day of
., 19 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
My Commission Expires:
Notary Public
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The foregoing instrument was acknowledged before me this ff t h
(~~c_~ , 19 ~q, by JERROLD L. MILLER, President of MLJ Corp., a Virginia
a
corporation, General Parmer of OCEANA DEVELOPMENT, L.P., a Virginia limited
day of
partnership.
My Commission Expires:
/ ~r~o~ry Public
APPROVED AS TO CONTENT
APPROVED AS TO FORM AND
ACCEPTED ON BEHALF OF THE
CITY OF VIRGINIA BEACH
Qa~ C'..~,~
(~ITY REAL ESTATE AGENT
(~ CiTY ATTORNEY
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_/
tis
%!
.' !
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Z
s (6o'
11
GRAPHC SCALE IN F ET
0 50 1 O0 200 300
TIMOTHY M, FALLON
LAND SURVEYING
23221 VILLA COURT APT lA
CARROLl.TON,VIRGINIA 23314
I VOICE MAIL ('757) 925-6875
FAX 757 238-3708
SCALE 1"= 100
DATE: 6-20-97
PROJECT ~ 121ND
FB - PG -
D.B,2567 PG.1406
LINE ,])EARING DISTANCE
L1 N 04'E4'08' W 15,00°
LE S 85°35'5E'' ~/ 1EO,O0'
L3 N 04'E4;08° V EO,O0'
L4 N 85°35~5E'' E IEO,O0'
L5 N 04'24'08' ~ 215,00'
L6 s 85'35'52' v l_PO,Oo,
L7 N 04'E4'08' ~/ E,O,OO'
LB N 85'35'52' E ].EO,o0'
~ N 04'E4'08' ~/ E3,61'
PLAT SHOWING ENCROACHMENT
INTO CITY OF VIRGINIA BEACH
DRAINAGE EASEMENT CANAL #2
LOT 12. PHASE 1
LONDON BRIDGE INDUSTRIAL PARK
LYNNHAVEN / PRINCESS ANNE BOROUGH
VIRGINIA BEACH, VIRGINIA
-27-
Item VI-L 4b.
ORDINANCES/RESO£ UTIONS ITEM # 43218
Bill Smink, 1817 General Booth Boulevard, Phone: 721-7388, represented the applicant
Upon motion by Council Lady McClanan, seconded by Councilman Harrison, City Council DENIED:
Ordinance to authorize temporary encroachment:
A portion of the City's right-of-way at 1817 General Booth
Boulevard by Beach Fellowship Church, re installation ora sign;
and, authorize the City Manager execute the Agreement.
Voting: 9-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker and Louisa M. Strayhorn
Council Members Voting Nay:
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 28-
Item VI-L S.
ORDINANCES/RESOL UTIONS
ITEM # 43219
Upon motion by Councilman Harrison, seconded by Councilman Heischober, City Council
REMOVED FROM THE AGENDA:
Ordinance to authorize acquisition of property (Parcel A-
35,667 square feet and Parcel B - 1,434 square feeO, in fee
simple from Hubert L. and Mona H. Dail re a site for Little Neck
Neighborhood Park (CIP 4-950.05), either by agreement or
condemnation (L YNNHA VEN BOROUGH).
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 29 -
Item VI-L 6.
ORD IN.4NCES/RES OL UTIONS
ITEM # 43220
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED:
L YNNHA VENPARKWA Y- PHASE IX (CIP #2-157):
Resolution to request the Virginia Department of Transportation
(VDOT) pursue "Design Option C", VDOT Project #UOOO-134-
V32 which removes as many residential driveway conflicts as
possible.
Ordinance to authorize advance acquisition of property in fee
simple on Parcel 146 (957 Lynnhaven Parkway)for right-of-way
by Agreement.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
PROJECT LOCATION AND DESIGN
RF~OLUTION
WHKRF~S, a Citizen Infonnation Meeting was conducted August 14, 1996 in the
City of Virginia Bench by representatives of the Virginia Department of Trnnsportation after
due and proper notice for the purpose of considerin8 the proposed improvements to
Lymdmven Parkway, Phase IX, VDOT Project # U000-134-¥32, (CIP 2-157) in the City of
Virginia Beach, nt which drawings and other pertinent Information were made available, for
public.review; and
WI~.R~._4~, all persons and parties in attendance were afforded full opportunity to
participate in said Citizen Information Meeting; and representatives of the ¥irF, inia
Department of. Transportation were present and participated in said meeting; and
WI~RKAS, the City Council has considered all such matters; now
THKRKFORFe BE IT RKSOLVED that the Council of the City of Virginia Beach
requests the VirF, inia Department of Transportation pursue the attached design "Option C"
of Lynnhnven Parkway that removes as many residential driveway conflicts as possible.
Adopted this l0
day of Februa, rl~98, City of Virginia Beach, Virginia.
ATTKST:
Clerk of Council '
M~City Manager
APPROVED A,~ TO ]
LEGAL SI, JFFIC!EhlC'f
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AN ORDINANCE TO AUTHORIZE
ADVANCE ACQUISITION OF
PROPERTY IN FEE SIMPLE
FOR RIGHT OF WAY FOR
LYNNHAVEN PARKWAY, PHASE IX,
(CIP 2-157) VDOT #U000-134-V32
BY AGREEMENT
WHEREAS, on January 5, 1993, City Council adopted a resolution requesting the Virginia
Department of Transportation to design and construct this project;
WHEREAS, the preferred alignment will necessitate the eventual acquisition of Parcel 146
(957 Lynnhaven Parkway), owned by Jerry L. and Anna Mafia Stanley (the "Owners");
WHEREAS, the Owners have requested the advanced acquisition of their property;
WHEREAS, the Virginia Department of Transportation has approved the advanced
acquisition request of the Owners of Parcel 146;
WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a public
necessity exists for the construction of this important roadway to provide transportation and for other
public purposes for the preservation of the safety, health, peace, good order, comfort, convenience,
and for the welfare of the people in the City of Virginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
Section 1. That the City Council authorizes the acquisition of all that certain real property
in fee simple known as Parcel 146, as shown on the Location Map entitled, "LOCATION MAP FOR
LYNNHAVEN PARKWAY, PHASE XI, CIP #2-157", this Location Map being on file in the City
Engineer's Office of the Department of Public Works, Virginia Beach, Virginia.
Section 2. That the City Manager is hereby authorized to make or cause to be made on behalf
of the City of Vkginia Beach, to the extent that funds are available, an offer to the owners or persons
having an interest in said lands.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 10 day of
February
,1998.
,APP, Rj~VEQ AS TO CONTI.:N'i/..;
APPROVED AS TO
LEGAL SI..IFFICIENCY
Location Map
LYNNHAVEN
MALL
LOCATION MAP
SCALE: 1" -- 2,640'
LOCATION MAP FOR
LYNNHAVEN PARKWAY PHASE Xl
CIP .//'2-157
SCALE: 1" = 900'
PREPARED BY P/W ENG. DRAFT. 1/15,98
- 30-
Item VI-I. 7.
ORDINANCES/RESOL UTIONS
ITEM # 47221
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED:
Resolution to refer to the Planning Commission, for its
consideration and recommendation, a proposed Ordinance to
AMEND Section 203 the City Zoning Ordinance (CZO) re
vehicular parMng in certain shopping centers.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION A PROPOSED
SECTION 203 OF THE
ORDINANCE, PERTAINING
PARKING REQUIREMENTS
SHOPPING CENTERS
AMENDMENT TO
CITY ZONING
TO VEHICULAR
FOR CERTAIN
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
VIRGINIA:
There is hereby referred to the Planning Commission, for its
consideration and recommendation, a proposed amendment to Section
203 of the City Zoning Ordinance, pertaining to vehicular parking
requirements for certain shopping centers. A true copy of such
proposed amendment is hereto attached.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on the 10 day of February , 1998.
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CA-98-6899
wmm\ordres~parking.res
R-1
January 16, 1998
APPROVED AS TO CONTENT
Department of Planning
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APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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AN ORDINANCE TO AMEND THE CITY
ZONING ORDINANCE REQUIREMENTS
PERTAINING TO VEHICULAR PARKING IN
CERTAIN SHOPPING CENTERS
SECTION AMENDED: CITY ZONING
ORDINANCE SECTION 203
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 203 of the City Zoning Ordinance is hereby
amended and reordained to read as follows:
Sec. 203. Off-street parking requirements.
(a) The following specified uses shall comply with the off-
street parking requirements designated therefor:
(33) (i) Shopping centers containing more than eight (8) individual
uses or businesses and located on a zoning lot five (5) to ten
(10) acres in size shall have a total of:
a. One (1) space per two hundred (200) square feet of
floor area of all uses except restaurants and
theaters;
b. One (1) space per two hundred (200) square feet of
floor area of restaurants and theaters occupying,
in the aggregate, ten (10) percent or less of the
total floor area of the shopping center;
c. One (1) space per seventy-five (75) square feet of
floor area of restaurants in excess thereof; and
d. One (1) space per one hundred (100) square feet of
floor area of theaters in excess thereof;
(ii) Shopping centers containing more than eight (8)
individual uses or businesses and located on a zoning lot
ten (10) to thirty (30) acres in size shall have a total
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a. One (1) space per two hundred (200) square feet of
floor area of all uses except restaurants and
theaters;
b. One (1) space per two hundred (200) square feet of
floor area of restaurants and theaters occupying,
in the aggregate, ten (10) percent or less of the
total floor area of the shopping center;
c. One (1) space per seventy-five (75) square feet of
floor area of restaurants in excess thereof, and
d. One (1) space per one hundred (100) square feet of
floor area of theaters in excess thereof;
(iii) Shopping centers containing more than eight (8)
individual uses or businesses and located on a
zoning lot greater than thirty (30) acres in size
shall have a total of:
a. One (1) space per two hundred (200) square feet of
floor area of all uses except restaurants and
theaters;
b. One (1) space per two hundred (200) square feet of
floor area of restaurants and theaters occupying,
in the aggregate, fifteen (15) percent or less of
the total floor area of the shopping center;
c. One (1) space per seventy-five (75) square feet of
floor area of restaurants in excess thereof; and
d. One (1) space per one hundred (100) square feet of
floor area of theaters in excess thereof;
(iv) Notwithstanding the foregoing provisions, in the event
the total parking requirement of the individual uses
within a shopping center is less than that required
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pursuant to (i) or (ii) hereinabove, the lesser
requirement shall apply;
Any provision to the contrary notwithstanding, the
parking requirement for shopping centers with more than
one million (1,000,000) square feet of gross leasable
area shall be four and one-half (4.5) spaces per one
thousand (1000) square feet of gross leasable area,
regardless of the mix of uses within the shopping center,
provided the following circumstances apply:
a. The shopping center in its entirety is zoned either
B-2 or B-3A; and
b. The gross leasable area to which this section
applies must either be all on the same zoning lot
or all in one continuous building.
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CON~{ENT
The proposed amendments change and simplify the parking requirements applicable to
extremely large shopping centers (£e., those having more than one million square feet of gross
leasable area). The amended parking requirement for such shopping centers would be based entirely
upon the gross leasable area of the center, and would not depend upon the specific uses within the
center. For the amended parking requirements to apply, (1) a shopping center must be entirely
zoned either B-2 (Community Business District) or B-3A (Pembroke Central Business Core District)
and (2) the gross leasable area must be on the same zoning lot or in one continuous building).
Adopted by the City Council of the City of Virginia
Beach, Virginia, on this
day of , 1998.
CA-98-6893
Wmm/Ordres/45-203a.com
January 16, 1998
R-1
APPROVED AS TO CONTENT
Department of Planning
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
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- 31 -
Item VI-I. 8.
ORDINANCES/RESOL UTIONS
ITEM # 43222
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council ADOPTED, AS
REVISED:
Resolution to establish the Shore Drive Advisory Committee
(SD4C) and delineating the composition, terms AND purpose of
the Committee.
These revisions encompass increasing the number of appointed members from seven to nine and permits
the appointed members from among residents of the city who represent the business and residential
communities with an interest in the development and improvement of the Shore Drive Corridor.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
1 Requested by Councilmembers William W. Harrison, Jr. and Louis R. Jones
2 A RESOLUTION ESTABLISHING
3 THE SHORE DRIVE ADVISORY
4 COMMITTEE
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WHEREAS, in May of 1997, the Urban Land Institute (~ULI")
prepared the Bayfront Study which sets forth recommendations
regarding development and improvement of the Shore Drive Corridor
(the ~Corridor");
WHEREAS, City Council is committed to moving forward with
development and improvement of the Corridor based upon ULI's
recommendations; and
WHEREAS, input and advise from businesses, residents and
other parties interested in development and improvement of the
Corridor will greatly assist the Council in determining the
appropriate courses of action to take with respect to such
development and improvement.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby establishes the Shore Drive
Advisory Committee (the ~SDAC");
2. That the membership of the SDAC shall be comprised
of the members of the Planning Commission appointed from the
Bayside and Lynnhaven Districts, and nine (9) additional members
who shall be appointed from among residents and business owners of
the City who have an interest in development and improvement of the
Shore Drive Corridor;
3. That, with respect to the terms of office of the
nine (9) members appointed from among the City's residents and
business owners, three (3) shall expire on June 30, 1999, three (3)
shall expire on June 30, 2000, and three (3) shall expire on June
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three (3) years;
4. That the members of City Council elected to
represent the Bayside and Lynnhaven Districts shall serve as ex-
officio members of the SDAC;
5. That the purpose of the SDAC shall be to serve in an
advisory capacity to City Council with respect to development and
improvement to the Shore Drive Corridor. Specifically, the SDAC
shall be charged with the following duties and responsibilities:
a. To familiarize itself with ULI's Bayfront
Study and the various issues associated with
development of the Corridor;
b. To develop an aesthetics and urban design plan
for the Corridor using the Bayfront Study as a
foundation for such plan;
c. To identify a series of recommended projects
and actions to implement the above-referenced
aesthetics and urban design plan, and to
prioritize such projects and plans;
d. To facilitate the establishment of public-
private partnerships to achieve the goals and
recommendations of ULI's Bayfront Study and
the SDAC;
e. To investigate alternative funding sources for
projects within the Corridor;
f. To engage in public information efforts
regarding the SDAC's work and efforts; and
To monitor the progress of those projects and
plans which are implemented; and
Thereafter, the terms of all such members shall be for
60
61
62
63
64
65
66
67
BE IT FURTHER RESOLVED:
That the SDAC shall expire on June 30, 2002.
Adopted by the Council of the City of Virginia Beach,
10
Virginia, on the day of
CA-6912
ORD IN\NONCODE \ SHOREDR. RES
R-2
PREPARED: 2/10/98
February
, 1998.
3
- 32 -
Item VI-I. 9.
ORDINANCES/RESOL UTIONS
ITEM # 43223
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED:
License Refunds:
$4,098.49.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
FORM NO. CA 8 REV. 31B6
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Little, Lula F. & Benjamin F. Jr.
6220 E. Indian River Road 1996-97 Audit 38.01 2.25
Va Beach VA 23464
Lucky Star of Virginia Beach Inc
1608 Pleasure House Road
Va Beach VA 23455
Mandarin Express Inc
4702 Larkspur Square
Va Beach VA 23462
40.26
1996-97 Audit 155.45 25.20 180.65
1996-97 Aud it 156.58 9.26 165.84
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $386.75
of the City of Virginia Beach on the
Commissioner of the Revenue
Approved as to form:
Leslle L. Lilly - -~
City Attorney
were approved by the Council
day of February ,19 98
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1996-97 Audit 66.31 6.74 73.05
Barclay Hotel Corporation
809 Atlantic Avenue
VA Beach VA 23451
Beach, Raymond D.
P O Box 65076
Va Beach VA 23464
Byler, David P
505 S. Independence Blvd 102
Va Beach VA 23452
Boykin, William W. Jr.
1772 Nanneys Creek Road
Va Beach VA 23457
1996-97 Audit 10.00 0.59 10.59
1995-97 Audit 10.00 1.59 11.59
1996-97 Audit 127.47 20.24 147.71
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $242.94
of the City of Virginia Beach on the tO
Commissioner of the Revenue
Approved as to form:
LE,~'Iie/L. Lilley
City Attorney
were approved by the
day of February
Council
,19 98
Ruth Hodges Smith
City Clerk
FORM NO C A ¢~EV 3,'~
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Quality Learning Systems Inc
6305 Dartmouth Way 1996-97 Audit 104.95 16.63
Va Beach VA 23464
Sally Beauty Company Inc
P O Box 490
Denton TX 76202
Smith, Thomas/Kevin/Ronald
825 Larkspur Lane
Chesapeake VA 23320
Toben Construction, Inc
3641 Old Forge Road
Va Beach VA 23452
121.58
1996-97 Audit 141.55 8.38 149.93
1995-97 Audit 30.00 4.69 34.69
1996-97 Audit 127.92 19.93 147.85
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $454.05
of the City of Virginia Beach on the
10
~'P hilip J.~Kel~am
Commissioner of the Revenue
Approved as to form:
L~I~L. Lille~'
City Attorney
were approved by the
day of February
Council
,19 98
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
Circulatory Diagnostic Unit, Inc
880 Kempsville Road
Norfolk VA 23502
Cooke, Eddie C,
3452 Daisy Crescent
Va Beach VA 23452
Dixzon, Sylvia
6070 Indian River Road
Va Beach VA 23464
E B and Ray Wilson Inc
5561 Woodbine Road
Norfolk VA 23502
1996-97 Audit 17,37 1,03 18.40
1996-97 Audit 25,15 1.47 26.62
1996-97 Audit 10,00 0.59 10.59
1996-97 A ud it 80.00 9.05 89.05
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $144.66
of the City of Virginia Beach on the 10
Commissioner of the Revenue
Approved as to form:
Les~ L: Lilley "' "" ~
City Attorney
were approved by the
day of February
Council
,19 98
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1996-97 Audit 17.42 1 93 19.35
East Coast Foods Inc
P O Box 240666
Memphis TN 38124
Frost, Morris E.
3517 Raintree Road
Va Beach VA 23452
Gregory, Earnest E.
424 Rudder Road
Va Beach VA 23454
Craig A Karoll MD PC
2940 Lynnhaven Road N. #100
Va Beach VA 23452
1995-97 Audit 40.00 1.95 41.95
1995 Audit 15.08 2.39 17.47
1996-97 Audit 748.95 44.32 793.27
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $872.04
t0
of the City of Virginia Beach on the
were approved
day of
,,,"15-hilip~. Ke~' '""- --
Commissioner of the Revenue
Approved as to form:
Lesl~ L. Lill~'~ v
City Attorney
by the Council
February
,19
98
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1996- 97 A u d it 292.99 21.67 314.66
Keller, Louis D & Barbara
1404 Snow Crescent
Va Beach VA 23456
Kims Place Inc
3208 Holland Rd S-114
Va Beach VA 23456
Lachman, Sarah L.
1353 Milldam Road
Va Beach VA 23454
Lagumen, Francisca R
3445 Forest Glen Road
Va Beach VA 23452
1996-97 Audit 23.80 3.79 27.59
1996-97 Audit 11.02 0.94 11.96
1998 01131998 10.00 10.00
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $364.21
of the City of Virginia Beach on the 10
Commissioner of the Revenue
Approved as to form:
L~e~lie"L. Lille~ '"' //
City Attorney
were approved by the
day of February
Council
,19 98
Ruth Hodges Smith
City Clerk
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification
of the Commissioner of the Revenue are hereby approved:
NAME LICENSE DATE BASE PENALTY INTEREST TOTAL
YEAR PAID
1996-97 Audit 221.16 7.27 228.43
Napple, Deborah S.
NSWU-1 PSC 455-BOX 182
FPO AP 96540-1182
Nicholson Homes lnc
819 W. Little Creek Road
Norfolk VA 23505
Ocean Holiday Enterprises Inc
2417 Atlantic Ave
Va Beach VA 23451
Perry, Terrell L.
3504 Kingston Court
Va Beach VA 23452
1994-97 Audit 855.58 855.58
1996-97 Aud it 505,26 34,09 539.35
1996-97 Audit 10.00 0.48 10.48
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $1,633,84
of the City of Virginia Beach on the
10
,~15h~p J. Kellam
Commissioner of the Revenue
Approved as to form:
L"~lie"L. Lilley
City Attorney
were approved by the
day of February
Council
,1998
Ruth Hodges Smith
City Clerk
- 33 -
Item Vid. 10..
ORDINANCES/RESOL UTION$
ITEM # 43224
Upon motion by Councilman Harrison, seconded by Council Lady Parker, City Council APPROVED:
FY 1998-1999 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
E VENT DA TE TIME PLA CE
Budget & C.I.P Presentation Tuesday, March 31 Noon City Council Chamber
(Special Meeting)
Council Workshop Thursday, April 2 3:00 PM- 5:00 PM Conference Room
Council Workshop Tuesday, April 7 10:00 AM- Noon Conference Room
Council Workshop Tuesday, April 14 10.'00 AM - Noon Conference Room
Public Hearing Thursday, April 16 7.'00 PM To Be Determined
Council Workshop Tuesday, April 21 3.'00 PM- 5:-00 PM Conference Room
Council Workshop Tuesday, April 28 2:00 PM - 4:00 PM Conference Room
Public Hearing Tuesday, April 28 6:00 PM City Council Chamber
Election Day Tuesday, May 5 ...................
Reconciliation Workshop Wednesday, May 6 3:00 PM- 5:00 PM Conference Room
Adopt Budget & C.I.P Tuesday, May 12 2:00 PM City Council Chamber
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 34 -
Item VI-J.
PUBLIC HEARING
ITEM # 43095
PLANNING
Vice Mayor William D. Sessoms, Jr., DECLARED a PUBLIC HEARING on:
PLANNING
1.
(1) BA YVILLE FARMS ASSOCIATES, L.C.
STREET CLOSURE
(2) THE R UNNYMEDE CORPORATION
STREET CLOSURE
(3) VIRGINIA BEACH MARLIN CLUB, INC. AND
WALTER CASON BARCO
STREET CLOSURE
b. MARTHA L. MARCEL
CONDITIONAL USE PERMIT
c. SPRINT, P.C.S.
CONDITIONAL USE PERMIT
d. NEXTEL COMMUNICATIONS, INC.
CONDITIONAL USE PERMIT
e. CHECKERED FLAG MOTOR CAR COMPANY, INC.
CONDITIONAL USE PERMIT
ALL SAINTS' EPISCOPAL CHURCH
CONDITIONAL USE PERMIT
g. FOREFRONT CHURCH
CONDITIONAL USE PERMIT
h. WINDSOR OAKS WEST, PARCEL 2, L.L.C.
CHANGE OF ZONING
L STATEMENT, LTD.
CONDITIONAL CHANGE
OF ZONING
j. HABITAT FOR HUMANITY, SOUTH HAMPTON ROADS
CHANGE OF ZONING
It. ALBERT N. AND DIANA H. JENSEN
CONDITIONAL CHANGE
OF ZONING
February 10, 1998
- 35 -
Item VI-J. 1.
PUBLIC HEARING
ITEM # 43226
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council APPROVED in
one motion Items la.(1), (2), (3), c, d, e, f g, h, I andj of the PLANNING BY CONSENT.
Item J. 1.a.(1) was REFERRED BACK TO THE PLANNING COMMISSION, BY CONSENT.
Item J. l.a. (2) was AUTHORIZED FINAL APPROVAL BY CONSENT
Item J.l.a.(3) was DEFERRED FOR AN ADDITIONAL 180 DAYS (8/11/98) BY CONSENT.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 36-
Item VI-J.l.a(1)
PUBLIC HEARING
ITEM # 4322 7
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council REFERRED
BACK TO THE PLANNING COMMISSION Ordinance upon application of BAYVILLE FARMS
ASSOCIATES, L. C. for the discontinuance, closure and abandonment ora portion of First Court Road.
Ordinance upon application of Bayville Farms Associates, L. C. for
the discontinuance, closure and abandonment of a portion of First
Court Road beginning at the southern boundary of Shore Drive
and running in a southwesterly direction a distance of 1165.07
feet. Said parcel contains 1.42 acres. BAYSIDE BOROUGH.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
-37-
Item VI-J.l.a(2)
PUBLIC HEARING
ITEM # 43228
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council AUTHORIZED
FINAL APPROVAL of the Ordinance upon application of THE RUNNYiglEDE CORPORATION for the
discontinuance, closure and abandonment of the following streets:
Petition of The Runnymede Corporation for the discontinuance,
closure and abandonment of the following streets:
Pine Street; Beginning at the Southern boundary of Fourth Street
and running 457.03feet in a Southerly direction to the Northern
boundary of South Boulevard.
Poplar Street: Beginning at the Southern boundary of Fourth
Street and running 456.99 feet in a Southerly direction to the
Northern boundary of South Boulevard.
Said streets contain 1.385 acres. L YNNHA VEN BOROUGH.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF
THOSE CERTAIN STREETS OF VARIABLE WIDTH, KNOWN AS PINE STREET AND
POPLAR STREET AS SHOWN UPON THAT CERTAIN PLAT ENTITLED, "PLAT
SHOWING A PORTION OF PINE STREET, POPLAR STREET TO BE CLOSED,
LYNNHAVEN BOROUGH, VIRGINIA BEACH, VIRGINIA" WHICH PLAT IS
ATTACHED HERETO.
WHEREAS, it appearing by affidavit that proper notice has been given by The Runnymede
Corporation, that he/she would make application to the Council of the City of Virginia Beach,
Virginia, on ,199~, to have the hereinafter described street discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that said streets be discontinued, closed, and
vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the
hereinafter described streets be discontinued, closed, and vacated:
PINE STREET: A portion of a Right of Way known as Pine Street, beginning at
a point which is the northeastern intersection of Pine Street and Fourth Street and
running thence south S04°22'17"W a distance of 457.03 feet to the intersection of
South Boulevard, said Right of Way being 66.01 feet in width.
POPLAR STREET: A portion of a Right of Way known as Poplar Street,
beginning at a point which is the Northwestern intersection of Poplar Street and
Fourth Street and running thence South S04°22'17"W a distance of 456.99 feet to the
intersection of South Boulevard, said Right of Way being 66.06 feet in width.
All of which aforesaid streets are shown on a certain Plat entitled "PLAT SHOWING
A PORTION OF PINE STREET, POPLAR STREET TO BE CLOSED,
LYNNHAVEN BOROUGH - VIRGINIA BEACH, VIRGINIA, December 19,
1997, which plat is attached hereto as Exhibit A-1.
GPIN# 1487-52-0351
Said portions of the streets to be closed shown as the cross-hatched area on that certain plat
of property "Plat Showing A Portion of Pine Street, Poplar Street To Be Closed, Lynnhaven
Borough - Virginia Beach, Virginia, December 19, 1997, by Miller-Stephenson & Associates, P.C.",
which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, upon adoption of this ordinance, and is made a part hereof by reference.
SECTION II
A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of
the City of Virginia Beach, Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
Adopted: FINAL APPROVAL: February 10, 19S8
NOg VetOd~03 ~YSLL/V30 3.i/?
BOULgVARD
- 38-
Item VI-J.l.a(3)
PUBLIC HEARING
ITEM # 43229
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council AUTHORIZED
an ADDITIONAL 180 DAYDEFERRAL UNTIL CITY COUNCIL MEETING OF August 11, 1998, the
Petition of VIRGINIA BEACH MARLIN CLUB, INC., AND WALTER CASON BARCO for the
discontinuance, closure and abandonment of the following parcels (VIRGINIA BEACH BOROUGH):
Parcel 1: Portion of Greensboro Avenue beginning at the
Northwest intersection of Greensboro Avenue and Mediterranean
Avenue, running a distance of forty-eight (48)feet along the
Northern property line (Southern boundary of Block 30, Shadow
Lawn Heights) and running in a Southeasterly direction to the
Southwest intersection of Greensboro Avenue and Mediterranean
Avenue, containing 1,32 7 square feet.
Parcel 2: Portion of Mediterranean Avenue, running a distance
of forty-one (41) feet along the Eastern property line (Western
boundary of Lot 1, Block 18, Shadow Lawn Heights) and running
in a Northwesterly direction to the Southwest intersection of
Greensboro Avenue and Mediterranean Avenue, containing 1, 54 7
square feet.
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 39-
Item VI-J.b.
PUBLIC HEARING
ITEM # 43230
PLANNING
Martha Marcel, 5408 Achilles Drive, Phone: 366-0702
Carl Pearson, U-Haul Representative, spoke in support
A motion was made by Council Lady Strayhorn, seconded by Council Lady McClanan, to DENY an
Ordinance upon application of MARTHA L. MARCEL for a Conditional Use Permit.
Upon SUBSTITUTE MOTION by Councilman Heischober, seconded by Councilman Harrison, City
Council ADOPTED an Ordinance upon application of MARTHA L. MARCEL for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF MARTHA L. MARCEL
FOR A CONDITIONAL USE PERMIT FOR VEHICLE AND
TRAILER RENTALS (U-HA UL) R 02982167
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Martha L. Marcel for a
Conditional Use Permit for vehicle & trailer rentals (U-Haul) on
Parcels A4 and A5, Parcel 4, Cedar Hill Section A. Said parcel is
located at 5660 Indian River Road and contains 4.821 acres.
KEMPSVILLE BOROUGH.
The following conditions shah be required:
The total number of vehicles (trucks or trailers) shah be
limited to five (5). No vehicle shah be over fourteen feet
(14') in length.
2. The vehicles shall be relocated to the East side of the
parking lot adjacent to the dumpster pad.
The Conditional Use Permit shall be granted for a
period of one (1) year. During that time, if violations
occur, the Conditional Use Permit shah be terminated.
Otherwise, the Conditional Use Permit shah be
administratively reviewed and, if appropriate, approved
on a yearly basis.
This Ordinance shah be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of February. Nineteen Hundred
Voting: 7-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Nancy K. Parker, Reba S. McClanan and Louisa M. Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 40-
Item VI-J.c.
PUBLIC HEARING
ITEM # 43231
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of SPRINT, P.C.S. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF SPRINT, P.C.S. FOR A
CONDITIONAL USE PERMIT FOR A WIRELESS
COMMUNICATION CELL TOWER R02982168
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint, P.C.S., for a Conditional
Use Permit for a wireless communication cell tower on Lot 11,
London Bridge Industrial Park. Said parcel is located at 553
Central Drive and contains 4.482 acres. L YNNHA VEN
BOROUGH.
The following conditions shall be required:
1. The applicant must install landscaping as required in Section
232 of the City Zoning Ordinance.
The proposed tower may not be painted. Lighting of the
tower must conform to the standard lighting requirement
outlined in FAA guidelines for towers of 125 feet in
height or lower. If due to FAA or other state or federal
guidelines, painting or modified lighting is required, the
applicant shall reduce the height to that which is
permitted by the FAA without such painting or strobe
lighting device.
If the tower is not being used for accommodating
wireless communication antennas for a period of one (1)
year, it shall be removed.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth qf Februa~_ . Nineteen Htmdred
and NineW_ -Eight.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W.. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 41 -
Item VI-J.d.
PUBLIC HEARING
ITEM # 43232
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon Application of NEXTEL COMMUNICATIONS, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF NEXTEL
COMMUNICATIONS, INC. FOR A CONDITIONAL USE PERMIT
FORA WIRELESS COMMUNICATIONMONOPOLE R02982169
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Nextel Communications, Inc, for a
Conditional Use Permit for a wireless communications monopole
at the southwest intersection of Norfolk-Virginia Beach
Expressway and First Colonial Road. Said parcel is located at 409
First Colonial Road and contains 4.1896 acres. LYNNHAVEN
BOROUGH.
The following conditions shall be required:
The plans submitted with this request shall be revised to
identify the tower as a 120-foot tall monopole, with a
provision that allows for the mounting of l " in diameter
omni-directional antennas, 15feet in height, at the top
and extending to maximum height for the overall tower
and antennas to 135feet. Ifflush mounted antennas are
used on the top array, the maximum height shall be
limited to 120 feet. Additionally, the tower details
section of the submitted plans shall be revised to depict
the 120-foot tower height, with the provision for the
omni antennas mounted on the top. The tower detail
shown on the plans shall also be revised to indicate
where additional providers' antennas can be
accommodated. A maximum separation of l S feet shall
be provided between the applicant's antenna arrays and
those identified for future co-locators.
The location of the proposed tower must be shifted a
minimum of 20 feet Westwardly towards the existing
tower.
In addition to the existing landscaping shown on the
submitted plan, the applicant must also install a planting
bed lO feet in width, extending from the Southwestern
corner of the site Eastward for a distance of 2OO feet, at
which point the planting bed must extend Northward for
an additional 60feet forming an L-shaped planting area.
Prior to construction of the proposed tower, the
applicant must install Leyland Cypress within the entire
planting bed; plants 6-8feet in height at planting, 20feet
on center.
4. Future joint use for primary and secondary tower users
must be accommodated on this tower.
The proposed tower may not be painted. Lighting of the
tower must conform to the standard lighting requirement
outlined in FAA guidelines for towers of 135 feet in
height or lower. If due to FAA or other state or federal
guidelines, painting or modified lighting is required, the
applicant may not construct a tower any higher than that
which would be permitted by the FAA which would not
have to be painted or lit by a strobe lighting device.
February 10, 1998
Item VI-J.d.
PUBLIC HEARING
ITEM # 43232 (Continued)
PLANNING
6.
If the tower is not being used for accommodating
wireless communication antennas for a period of one (1)
year, it shall be removed.
This Ordinance shall be effective in accordance with Section 107 (99 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth qf Februa~. . Nineteen Hundred
and Ninety-Eight.
Voting:
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 43 -
Item Vid. 1.e.
PUBLIC HEARING
ITEM # 43233
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of CHECKERED FLAG MOTOR CAR COMPANY, INC. For a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF CHECKERED FLAG
MOTOR CAR COMPANY, INC., FOR A CONDITIONAL USE
PERMIT FOR AUTOMOBILE SALES, REPAIR AND SER VICE,
SALE OF PARTS AND PARKING AND STORAGE OF VEHICLES
R02982170
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Checkered Flag Motor Car
Company, Inc. For a Conditional Use Permit for automobile sales,
repair and service, sale of parts and parking and storage of
vehicles on the south side of Virginia Beach Boulevard, 260feet
more or less east of Kings Grant Road. Said parcel is located at
2981 Virginia Beach Boulevard and contains 34,281.7 square feet.
L YNNHA VEN BOROUGH.
The following conditions shah be require&
The existing ingress/egress from the site to Virginia
Beach Boulevard must be removed. The existing curb
cut shall be replaced with appropriate curb and gutter
along the entire street frontage of the property.
Street frontage landscaping, interior parking lot
landscaping and display area landscaping shah be
provided in accordance with the requirements of the Site
Plan Ordinance.
Development of the site shall be in accordance with the
site plan prepared by Lee S. Rood for Checkered Flag
Motor Company, dated 8/13/97 and revised 12/18/97,
with the exception of those revisions necessary for
compliance with the conditions of Chesapeake Bay
Preservation Area Board approval, as set forth in
Condition #4, below.
Development of the site shall be in full conformance with
the conditions of Chesapeake Bay Preservation Area
Board variance approval, as follows:
The applicant shah enhance or enlarge the existing BMP
to the West thereby eliminating the need for additional
displacement of RPA features South of the proposed
parking facility. The objective of this alternative B.P.
strategy is to eliminate the need for any facility South of
the proposed parking lot.
Stormwater runoff from the existing splash apron West
of the existing B.P. facility shall be conveyed to the
enhanced B.P. facility.
If applicable, tree compensation shall be at a 3:1 ratio.
Said compensation shah be in addition to the required
parking lot landscaping.
February I O, 1998
- 44 -
Item VI-J. 1.e.
PUBLIC HEARING
ITEM # 43233 (Continued)
PLANNING
d
A revised site plan shall be submitted to the DSC for
review and approval prior to the issuance of a building
permit.
e. All other outfalls West of the existing BMP shall be
retrofitted with riprap.
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 Tenth of February. Nineteen Hundred
and Nine.tv-Eight.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 45 -
Item VI-J. 1.f .
PUBLIC HEARING
ITEM # 43234
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of ALL SAINTS' EPISCOPAL CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ALL SAINTS'
EPISCOPAL CHURCH FOR A CONDITIONAL USE PERMIT
R02982171
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application for a church expansion at the
Northwest intersection of Woodside Lane and Adam Keeling
Road. Said parcel is located at 1968 Woodside Lane and contains
5 acres. LYNNHAVEN BOROUGH
The following conditions shall be required:
The building additions and parking lot expansion will be
consistent with the submitted site plan entitled,
"Preliminary Site Plan, All Saints Episcopal Church,"
and on file with the Planning Department.
The design and materials of the building additions shall
be consistent with the submitted perspectives entitled,
"Additions to All Saints Episcopal Church," dated
November 10, 1997, and on file with the Planning
Department.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth qf Februa~_ . Nineteen Hundred
and Nine.tv-Eight.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara 3/1. Henley, Louis R. Jones, Reba S.
McClanan, Nancy Ii. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 46-
Item VI-J. 1.g.
PUBLIC HEARING
ITEM # 43235
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of FOREFRONT CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF FOREFRONT CHURCH
FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R02982172
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Forefront Church for a Conditional
Use Permit for a church on the north side of Strawbridge Road,
west of General Booth Boulevard. Said parcel is located at 2133
General Booth Boulevard and contains 4.5071 acres. PRINCESS
ANNE BOROUGH.
The following condition shah be required:
The church shah utilize the theater building for worship
services on Sunday mornings only, from 8:30 AM until
12:30 PM.
This Ordinance shah 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 Tenth o_f Februa~. Nineteen Hundred
and Nine~_ -Eight.
Voting:
10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa 34. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
-47-
Item VI-J. 1.h.
PUBLIC HEARING ITEM # 43236
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of WINDSOR OAKS WEST, PARCEL 2, L.L.C. for a Conditional Change
of Zoning:
ORDINANCE UPONAPPLICATION OF WINDSOR OAKS WEST,
PARCEL 2 L.L.C., FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM B-2 TO CONDITIONAL A-18
Z02981096
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Windsor Oaks West, Parcel 2
L.L.C., for a Change of Zoning District Classification from B-2
Community Business District to Conditional A-18 Apartment
District on certain property located at the northeast corner of
Holland Road and Shoreline Court. The proposed zoning
classification change to Conditional A-18 is for multi-family land
use at a density no greater than 18 dwelling units per acre. The
Comprehensive Plan recommends use of this parcel for
marketplace corridor use in accordance with other Plan policies.
Said parcel contains 2.579 acres. PRINCESS ANNE BOROUGH.
The following condition shah be required:
1. An Agreement encompassing proffers shah be recorded
with the Clerk of Circuit Court.
This Ordinance shah be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth o_f Februa~_ . Nineteen Hundred
and Nine~. -Eight.
10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 48-
Item VI-J. 1.i.
PUBLIC HEARING ITEM # 43237
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of STATEMENT, LTD. for a Conditional Change of Zoning District
Classification:
ORDINANCE UPON APPLICATION OF STATEMENT LTD FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATIONFROM 0-
2 TO CONDITIONAL B-lA Z02981097
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Statement LTD for a Change of
Zoning District Classification from 0-2 Office District to
Conditional B-IA Limited Community Business District on Lot 5,
Freemac Lake Shores. The proposed zoning classification change
to Conditional B-IA is for limited commercial land use. The
Comprehensive Plan recommends use of this parcel for
marketplace corridor use in accordance with other plan policies.
Said parcel is located at 1361 Laskin Road and contains 21, 780
square feet. L YNNHA VEN BOROUGH.
The following condition shall be required:
1. An Agreement encompassing proffers shall be recorded
with the Clerk of Circuit Court.
Voting: 10-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
~ity of Virgini~ Beach
In Reply Refer To Our File No. DF-4535
DATE: January 29, 1998
TO:
FROM:
RE:
Leslie L. Lilley DEPT: City Attorney
William M. Macali (L~zx'x' DEPT: City Attorney
Conditional Zoning Application- Statement, Ltd. (Owner: Lillel Farms, Inc.)
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 10, 1998. I have reviewed the subject proffer agreement, dated
October 31, 1997, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
PREP~flED BY
CARNES, BCX~DON
· AHERN. PC
'TC~YS AT ~
LILLEL FARMS, INC., a Virginia corporation,
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
Tiffs AGREEMENT, made this 31" day of October, 1997, by and between
LILLEL FARMS, INC., a Virginia corporation, ~ party of the first part; and THE
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia,
GRANTEE party of the second part.
WHEREAS, party of the first part is the owner of a certain parcel of property
located in the Lynnhaven Borough of the City of Virginia Beach, containing approximately
Twenty-One Thousand Seven Hundred Eighty Square Feet (21,780) and descn'bed in Exhibit "A"
attached hereto and incorporated herein by this reference, said property hereiaafler referred to as
the "Property"; and
WHEREAS, the party of the first part has initiated a conditional amendment to the
Zoning Map of the City of Virginia Beach, Virg!nia, by petition addressed to the GRANTEE so as
to change the Zoning Classification of the Property from 0-2 Office District to B-IA Limited
Community Business District; and
WHEREAS, the GRANTEE'S policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation; and
WHEREAS, the GRANTOR acknowledges that the competing and sometimes
Incompatible development of various types of uses conflict and that in order to permit differing
types of uses on and in the area of the Property and at the same time to recognizes the effects of
change that will be created by the GRANTOR'S proposed rezoninff, certain reasonable conditions
governing the use of the Property for the protection of the community thai are not generally
applicable to land similarly zoned are needed to resolve the situation to which the GRANTOR'S
rezonin8 application gives rise; and
-1-
PREPARED BY
~YKES. CAJ:IN~S. BOURCX~M
& AHEIR~. PC
ATTORNEYS AT LAW
WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the GRAJqTEE, as a part of the proposed amendment to the
Zoning Map with respect to the Property, the following reasonable conditions related to the
physical development, operation, and use of the Property to be adopted as a. part of said
amendment to the Zoning Map relative and applicable to the Property, which has a reasonable
relation to the rezoning and the need for which is generated by the rezoning.
NOW, THEREFORE, the GRANTOR, its successors, personal representatives,
assigns, Grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the GRANTEE or its governing body and without any element
of compulsion or ~l~id pro quo for zoning, rezoning, site plan, building permit, or subdivision
approval, hereby makes the following declaration of conditions and restrictions which shall restrict
and govern the physical development, operation, and use of the Property and hereby covenants
and agrees that this declaration shall constitute covenants running with the Property, which shall
be binding upon the Property and upon all parties and persons, claiming under or through the
GRANTOR, its successors, personal representatives, assigns, Grantees, and other successors in
interest or title:
1. The Property with existing building and improvements shall be remodeled and re-
landscaped substantially as shown on the exhibit entitled "STATEMENT LTD. For Architectural
Building Contractors L.L.C." Virginia Beach, Virginia, prepared by Klemt & Associates, P.C.,
revised 10/27/97, which has been exhibited to the V'u'ginia Beach City Council and is on file with
the Virginia Beach Department of Planning (hereinafter "Site Plan").
2. The remodeling of the front (northside) of the building shall have the
architectural design, and appearance as depicted on Elevations shown on the Site Plan.
3. The primary building materials used to construct visible exterior surfaces of
the remodeled front facade shall be EIFS and glass. The building's exterior shall be a light,
neutral color.,
-2-
~:IEPARED BY
~. CAIRNES. BOURDON
I'TOI~N~y$ AT LAW'
4. The property shall be utilized for a single retail women's dress and apparel
shop with operating hours from 9:30 a.m. to 8:00 p.m.
5. The only uses which will be permitted in place ora retail women's dress and
apparel shop are those which are permitted within the 0-2 Office Zoning District and are not
prohibited within the B-I A Limited Community Business District.
6. Further conditions may be required by the GRANTEE during detailed Site
Plan review and administration of applicable City codes by all cognizant City agencies and
departments to meet all applicable City code requirements.
All references hereinabove to B-IA and 0-2 Districts a~d to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision
Ordinance of the City of Vh'ginia Beach, Virginia, in force as of the date of approval of this
Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the GRANTOR and allowed and
accepted by the GRANTEE.as part of the amendment to the Zoning Ordinance, shall continue in
full force and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such .conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however, may be repealed, amended, or varied by written
instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and executed by the record owner of the Property at the time of recordation of such
instrument, provided that said instrument is consented to by the GRANTEE in writing as
evidenced ~- a certified copy of an ordinance or a resolution adopted by the governing body of
the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to
the provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instrument as conclusive evidence of such consent,
and if not so recorded, said instrument shah be void.
-:3-
IN~EIr~ARED BY
$. CARNES. BOURDON
· AHERN. PC
TTORNE¥$ AT LAW
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of V'trginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and
Co) to bring legal action or suit to insure compliance with such conditions, including mandatory or
prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate;
(3) ff aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the GRANTOR shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate ~'mbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions may
be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, . and they shall be recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the
GRANTOR and the GRANTEE.
-4-
WITNEss the following signatures and seals:
LILLEL FARMS, INC., a Virginia corporation
W. Breck Wood, i0re-sident' ' -
STATE OF V1RGI~A
CITY OF VIRGINIA BEACH, to wit:
1997, by W. ·
corporation. Breck W°°d' President °fLillel Farms, Inc., a bv~g~r~i' aoYn°~e ~
My Commission Expires:
! 0.3 I.~7
m~:D ~v
~s. soonoo~
~VS A? LAW
!$. CARNES, BOUI:I[X~I
· AHEI~N PC
,~'TORNEYS AT LAW
EXHIBIT 'A"
Ail that certain lot, piece or parcel of land with the buildings and improvements thereon and
the appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach,
Va. And being known, numbered and designated as Lot 5, with 121.24' frontage on Lasidn
Road by 213.80' x 81.77' x 206.10', on that certain plat entitled "Fremac Lake ,S. hores",
made by Frank H. Gay, C.E., dated September 1956 and duly recorded in the Clerk s Office
of the Circuit Court of the City of Virginia Beach, Va. In MB 42, P 28.
GPIN: 2417-29-3117
PROFFER.q
STMT
10/31/97
-6-
- 49-
Item VI-J. I.j.
PUBLIC HEARING
ITEM # 43238
PLANNING
Upon motion by Council Lady Strayhorn, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of HABITAT FOR HUMANITY, SOUTH HAMPTON ROADS for a Change
of Zoning:
ORDINANCE UPON APPLICATION OF HABITAT FOR
HUMANITY, SOUTH HAMPTON ROADS FOR A CHANGE OF
ZONING FROM A-12 TO R-5S Z02981098
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Habitat for Humanity, South
Hampton Roads for a Change of Zoning District Classification
from A-12 Apartment District to R-5S Residential Single Family
District on Lots 5 & 6 Morgan Terrace. Said parcel is located at
1139 Carver Avenue and contains 16,000 square feet more or less.
L YNNHA VEN BOROUGH.
This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth of Februa~. Nineteen Hundred
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 50-
Item VI-J. l.k.
PUBLIC HEARING
PLANNING
Attorney Edward Bourdon represented the applicant
ITEM # 43239
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of ALBERT N. AND DIANA H. JENSEN for a Conditional Change of Zoning:
ORDINANCE UPON APPLICA TION OF ALBERT N. & DIANA H.
JENSEN FOR A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-10 TO CONDITIONAL I-1
Z02981099
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Albert N. & Diana H. Jensen for a
Change of Zoning District Classification from R-10 Residential
District to Conditional I-1 Light Industrial District on certain
property located on the west side of South Birdneck Road
beginning at a point 640.3 feet south of Jackson Lane. The
proposed zoning classification change to I-1 is for light industrial
land use. The Comprehensive Plan recommends use of this parcel
for Suburban Medium Density Residential at densities that are
compatible with single-family use in accordance with other Plan
policies. Said parcel contains 21,000 square feet. LYNNHA VEN
BOROUGH.
The following condition shah be required:
1. An Agreement encompassing proffers shah be recorded
with the Clerk of Circuit Court.
This Ordinance shah be effective in accordance with Section 107 O0 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Tenth qf February. Nineteen Htmdred
and Nine~_ -Eight.
Voting: 6-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Louis R. Jones and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Barbara M. Henley, Reba S. McClanan, Nancy K. Parker and
Louisa M. Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
rO~M NO. P.S. lB
In Reply Refer To Our File No. DF-4521
DATE: January 29, 1998
TO:
FROM:
RE:
Leslie L. Lilley DEPT: City Attorney
William M. Macali ~/v\ DEPT: City Attorney
Conditional Zoning Application - Albert N. Jensen and Diana H. Jensen
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on February 10, 1998. I have reviewed the subject proffer agreement, dated
October 1, 1997, and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
WMM/
Enclosure
ALBERT N. JENSEN and DIANA H. JENSEN, husband and wife
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation ofthe Commonwealth of Virginia
THIS AGREEMENT, made this 1= day of October, 1997, by and between ALBERT
and ~DIANA H. JENSEN, GRANTORS party of the first part; and THE CITY (
_VIRGINIA BEACH. a municipal corporation of the Commonwealth of Virginia, GRANTEE, party
the second part.
PREPARED BY:
~'KES. CARNES, BOURDON
& AHERN, PC.
ATTORNEYS AT {.AW
WHEREAS, the parties of the first part are the owners of a certain parcel of property located i
the Lynnhaven Borough of the City of Vtrginia Beach, containing approximately 1.0 acre an
described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel i
hereinafter referred to as the "Property"; and
WHEREAS, the party of the first part has initiated a conditional amendment to the Zoning Mat
of the City of Vrrg~a Beach, V~rg~a, by petition addressed to the GRANTEE so as to change tM
Zoning Classification of the Property from R-10 t~ I-1; and
WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for
various purposes through zoning and other land development legislation; and
WHFrREAS, the GRANTORS acknowledge that the competing and sometimes incompatible
uses conflict and that in order to permit differing uses on and in the area of the Property and at the
same time to recognize the effects of change, and the need for various types of uses, certain reasonable
conditions governing the use of the Property for the protection ofthe community that are not generally
applicable to land similarly zoned are needed to cope with the situation to which the GRANTORS,
rezoning application gives rise; and
-1-
PREPARED BY:
ES, CARNES, BOURDON
&AHERN.~C.
&TI*OFINEYS AT LAW
WHEREAS, the GRANTORS have voluntarily proffered, in writing in advance of and prior to
the public heating before the GRANTEE, as a pan of the proposed amendment to the Zoning Map, in
addition to the regulations provided for the I-1 Zoning District by the existing overall Zoning
Ordinance, the following reasonable conditions related to the physical development, operation, and use
of the Property to be adopted as a part of said amendmem to the Zoning Map relative and applicable to
the Property, which has a reasonable relation to the rezoning and the need for which is generated by the
rezoning.
NOW, THEREFORE, the GRANTORS, for themselves, their successors, personal
representatives, assigns, GRANTEE, and other successors in title or interest, voluntarily and without
any requirement by or exaction fi.om the GRANTEE or its governing body and without any elemem of
compulsion or .quid pro ~ for zoning, rezoning, site plan, building permit, or subdivision approval,
hereby make the following declaration of conditions and restrictions which shall restrict and govern the
physical developmem, operation, and use of the Property and hereby covenant and agree that this
declaration shall constitute covenants running with the Property, which shall be binding upon the
Property and upon all parties and persons claiming under or through the GRANTORS, their
successors, personal representatives, assigns, GRANTEE, and other successors in interest or tire:
1. The property shall be added to and developed as a part of the adjoining Owl's Creek
Commerce Center ("Commerce Center"). The Property will share fi.eestanding signage with the
Commerce Center. The fi.eestanding sign for the Commerce Center may be replaced and relocated
anywhere within the northernmost thirty feet (30') ofthe Property.
2. Vehicular access to the Property shall be through the Commerce Center with no ingress
or egress permitted via a separate curb cut from South Birdneck Road.
3. The property shall be developed as an office and mini-warehouse facility substantially as
shown on the exhibit entitled "MINI-STORAGE BUR,DING - SITE PLAN", prepared by Gallup
Surveyors & Engineers, Ltd., dated December 17, 1997, which has been exhibited to the V'trginia
PREPARED BY:
~'KES. CARNES. BOURDON
& AHERN. P.C.
ATTORNEYS AT LAW
Beach City Council and is on file with the Virginia Beach Department of Planning (hereina_qer "5
Plan").
4. Any building constructed on the Property, any portion of which lies within one hundi
eighty feet (180') of the current western fight &way line of South Birdneck Road will be a masor
building utilizing earth tone colors with no windows or doors on the south side of the building. T
easternmost one hundred feet (100') of the south side of the building shall be constructed with
stacked block, raked joint masonry exterior.
5. The building depicted on the Site Plan, to be constructed within the easternmost or
hundred forty feet (140') of the property shall have the architectural design and appearance as depicte
on the "Elevation - OWL'S CREEK MINI-STORAGE" dated December 17, 1997 which has bee
exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department c
Planning (hereinafter "Elevation"). The primary building material used to construct the vis~le exterio
surfaces of those portions of the building which are depicted on the elevation and are facing Birdnecl
Road shall be brick veneer. The doors depicted on the elevation shall be an earth-tone color.
6. No Dumpsters or similar storage facility for debris or garbage shall be permitted on an}
of the Property within one hundred eighty feet (180') of the currem western right of way line
of South Birdneck Road.
The above conditions, having been proffered by the GRANTORS and allowed and accepted by
the GRANTEE as pan of the amendment to the Zoning Ordinance, shall continue in full force and
effect until a subsequent amendment changes the zoning'of the Property and specifically repeals such
conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance
even if the subsequent amendment is part of a comprehensive implementation ora new or substantially
revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed,'
amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City
of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
3w
PREPARED BY:
:ES. CARNES, BOURDON
& AHERN. P.C.
~,TTORNEYS AT LAW
recordation of such instrument, provided that said instrument is consented to by the GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body
ofthe GRANTEE, al~er a public heating before the GRANTEE which was advertised pursuant to the
provisions of Section 15.1-431 of the Code of Virginia, 1950, as amended. Said ordinance or
resolution shall be recorded along with said instmmem as conclusive evidence of such consent, and if
not so recorded, said instrumem shall be void.
The GRANTORS covenant and agree that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all
necessary authority, on behalf of the governing body of the City of V'u'ginia' Beach, Virginia, to
administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in
writing, that any noncompliance with such conditions be remedied, and Co) to bring legal action or suit
to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement,
damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the GRANTORS shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the existence of
conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made
readily available and accessible for public inspection in the office of the Zoning Administrator and in the
Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Vh'ginia, and indexed in the names of the GRANTORS and the GRANTEE.
WITNESS the following signatures and seals:
GRANTORS:
bert-N. Je~en
bi'~a Hi Jensen
(SEAL)
_(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was ac 'knowledged before me this 14th
Albert N. Jensen and Diana H. Jensen, husband and wife, Grantors. -
_ day of October, 1997,
My Commission Expires:
(Z'I~ 31, 1999
Notary Publi~'-" -
PREPARED BY:
SYKES. CARNES. BOURDON
· AHERN. P.C.
ATTORNEYS AT LAW
-5-
PREPARED BY:
CES. CAFINES. 80UI:IDON
· AHERN. PC.
ATTORNEYS AT L.AW
EXlliBIT "A"
PARCEL ONcE
All that certain lot, piece or parcel of land lying, situate and being in the City of Virginia Beach,
Virginia, being known, numbered and designated as "PARCEL A", as sho~q on that certain plat
entitled "Resubdivision of Property of Albert N. JENSEN and Diana H. JENSEN (D.B. 3672 p.
2043) and E.S.G. Enterprises, Incorporated, a Virginia corporation and Jerry F. McDonnell (DB.
2448 p. 267)", which said plat is duly recorded in the Clerk's Office ofthe Circuit Court of the City of
Virginia Beach, Virginia, in Map Book 260, Page 67, reference to which said plat is hereby made for a
more particular description of said property.
GPIN: 241743-5105
- 51 -
Item VI-K1.
APPOINTMENTS
ITEM # 45240
BY CONSENSUS, City Council RESCHEDULED:
PERSONNEL BOARD
YOUTH SERVICES COORDINATING COUNCIL
February 10, 1998
Item VI-K. 2.
APPOINTMENTS ITEM # 43241
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
Erie Marie Latimer
Robert M. Stanton
John R. Langlois, Jr.
One Year Term
(02/10/98 thru 6/30/99)
Scott Ayers
Judith K. Connors
Daniel F. Creedon
Two-Year Terms
(02/10/98 thru 06/30/2000)
Dan H. Brockwell
Kal Kassir
Fred Hazelwood
Three Year Terms
(02/10/98 thru 6/30/200D
Voting: 1~0
SHORE DRIVE ADVISORY COMMITTEE
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 53 -
Item VI-M. 1.a.
NEW B USINESS
ITEM # 43242
ADD-ON
Upon motion by Council Lady Parker, seconded by Councilman Heischober, City Council ADDED TO THE
AGENDA:
Resolution to express support for the enactment of House Bill 1208
and Senate Bill 581; and, opposition to the enactment of House
Bills 1166 and 1228 and Senate Bill 686, re outdoor advertising
structures on State Highways.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 54 -
Item VI-M. 1.b.
NEW B USINESS
ITEM it 43243
Upon motion by Council Lady Parker, seconded by Councilman Harrison, City Council ADOPTED:
Resolution to express support for the enactment of House Bill 1208
and Senate Bill 581; and, opposition to the enactment of House
Bills 1166 and 1228 and Senate Bill 686, re outdoor advertising
structures on State Highways.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William ~. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
1 Requested by Councilwoman Nancy K. Parker
2
3
4
5
6
7
8
9
10
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12
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14
15
16
17
18
19
20
21
22
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24
25
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A RESOLUTION EXPRESSING SUPPORT FOR
THE ENACTMENT OF HOUSE BILL NUMBER
1208 AND SENATE BILL NUMBER 581 AND
OPPOSITION TO THE ENACTMENT OF HOUSE
BILL NUMBERS 1166 AND 1228 AND SENATE
BILL NUMBER 686, PERTAINING TO OUTDOOR
ADVERTISING STRUCTURES ON STATE
HIGHWAYS
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
WHEREAS, House Bill No. 1208 and Senate Bill No. 581, if
enacted, would prohibit the erection of billboards and, with
certain exceptions, other outdoor advertising structures on State
highways; and
WHEREAS, such bills would also prohibit the selective
trimming or cutting of vegetation obstructing motorists' views of
outdoor advertising structures on State highways, except if such
vegetation is diseased or damaged by natural causes and endangers
the health of other vegetation or human health; and
WHEREAS, House Bills Nos. 1166 and 1228 and Senate Bill
No. 686 would greatly increase the diameter of trees within State
highway rights-of-way which may be selectively pruned, if such
trees obstruct motorists' views of signs displayed on outdoor
advertising structures; and
WHEREAS, although House Bill Nos. 1166 and 1228 and
Senate Bill No. 686 purport to include safeguards protecting the
continued scenic beauty of Virginia's highways, such safeguards are
inadequate, such that the result of the enactment of any of the
said bills would be the perpetuation of billboards and other
outdoor advertising structures and of the adverse effects such
structures have upon the scenic beauty of Virginia; and
WHEREAS, it is the sense of the City Council that
billboards and other outdoor advertising structures on State
35
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44
45
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47
48
49
highways should be strictly controlled, and not allowed to
proliferate, and that trees and other vegetation, as public
property, should not be cut or pruned for the benefit of private
commercial interests;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby expresses its support for
the enactment of House Bill Number 1208 and Senate Bill Number 581
and opposition to the enactment of House Bill Numbers 1166 and 1228
and Senate Bill Number 686.
The City Clerk is hereby directed to forward a true copy
of this Resolution to each member of the City's General Assembly
delegation, to the members of the House Committee on
Transportation, and to the members of the Senate Committee on
Transportation.
5O
51
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 10 day of February , 1998.
52
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54
55
CA-98-6925
Wmm\ordres\treetrim. res
February 9, 1998
R-1
2
NANCY K. PARKER
PETER A. RGELASTO
TEL No.804-~$7-4497
TEL:l-?57-491-2836
Feb
Feb 9,98 13:41No.O05 P.02
08,98 12:25 No.O01P.02
BETSY RAWL~ AOELA~TO
81 $ Cavmll~r Ddv~
¥1rgtnl~ B~ac~, Vlr~n~ 23451
757-428.1870 or ]~AX 757-491.
January
The Virgin_ia Beach Delegation to the
House of D~esates and to the Senate
of the ~rglnia General Assembly
Richmond, Virginia
Dear My Virginia Beach leld~lators,
I sm writing you with great antioipation about a bill that will bo introduced to tho 1998 General
Assembly by Delegate Taylor Murphy and Senator Ma~ Marg~tret Whipple. The proposed bill
has three main points:
l. Eliminate all NEW construction ofbillboardt
2. Prohlbh all tree curing on the public right-of, way to Improve billboard visibility,
3. Increase permit fees to cover the costa ofadministmtton of billboards.
I have lalked to several of you on the telephone be. Fore you lei~ for Richmond, but I v~mted to
relterate the read,ns that I am strongly in I~vor of this bill, and why I very much would like to
seek your support of this bill.
Virgtnia ha~ historically been proud et'the beautl~oation of'its highways and byways.
We are plea~l that our roads ate not littered with ~8ns and billboards. One only has to 80
to South Caroltna to see what our roads could have looked like.
The Virginia Department et'Transportation does a 8ood job already with their signs along
the highways giving directions to gas stations, eatin~ fkcllitles, hotel~, tourist destinations, etc.
Their signs hold down the need for other signs for advenlalng places to eat, stay, visit, etc.
The Virginia Department of'Transportation alJo has manx other types orsisnl up -- green ones
rot directions to place8 ,uoh a~ routes and exlts, colored ones for trane dlrectlons such a~
stop, yield, eeo., brown ones rot tourlst~ infbrn~ition, blue ones for places to eat, stay, etc.,
and even others. Traveling at the speed a car travel~ today, the perSOn driving the car can
only read or take in so muoh. To add more blllboe'ds would add to the oompetitlon for thc
drive"l attention, and would create even more dbtraotlon, In addition, more car owners
have car phones, drink oontalners, cd playe~, cio. in their cars which oreate more
distraotion. I think that we need to be roduoln8 driver distraction, Instead ofaddtng to it.
NRNCY K.
PETE~ ~.
PARKER TEL No.~04-4~-4497 Feb 9,98 13:41No.O05
AGELASTO TEL:l-757-491-2856 Feb 08,98 12:26 No.O01
P.O$
P .03
4. I understand that areas audi al Virginia ]~eaoh ~md W]lllan~bur8 wfite~ ate 8real
tourists' destinations and should be the ones wanting more billboards are acme of'the
cities having or askin~ for more re~tricUons on b}llboardL In £aot, ! under~la,d that nine et'the
top ten cities which atlraot tourists in Virginia have ~omo ~ort of'billboard iegidatlon. I think
that thi~ in itself'makes a m'onlj statement to the flat, that beautlfloatlon o£an area ia what
tourl~lt are loot<lng to visit the most instead of o]ur~0rs ofbUrooards trying to via t'or their
tourists dollar.
.~. A~ to Increasing the state Penrdt fee~ to cover the costs ofadmtnisLration of billboards,
this is o]dy proper. The Kate l~hould not have to subsidize this colt. The bill board industry
should catty their own COils.
I know that the billboard Industry will be opposed to this blll~ but I hope that you will be able to
distinguish the difference between what the bill propoae~ and what the billboard industry is trying
to say thai the bill proposes and thus distinguish what is bas! £or the state of'Virgtrda and
citizens.
First of all, this bill would only ban NEW conemotlon ofblllboardm; il would not ban all off.
premise advertising signs,
Secondly, the billboard Industry says that the bill would Increase annual permit Fees by 10,
times the current fo0s. That ts not. the r,,aae. A~ I have alread), stated, the bill would Increase
state permit £eea to COVER the Department of Ttanaportation's coats, so that the state does not
have to cover these goats. The slate should not have to sublldjze the billboard Industry.
Thirdly, the billboard industry thinks thai the stale would control the amount of velletation
front of each billboard Jlgn. Again, this il not the cue, even if'i wl~h it were true. The bill
proposes the cutting of'vegetation ONLY on the PUBUC right of'way. Currently, :26 other
states do not allow tree cutting on lbo public right, of,way.
] would be more than happy to ~peak with any of'you Ibrther abou! this proposed bill.
] am a member el'the Oarden Club of'Virginia Conservation ~ommlttee whtoh
seeing this bill coma hot'ore the General A~sombly, but that Is not the ~eaaon that ] aril wrttin8 you.
! am writ. b~B you aa a private citizen who fools very ,trongly about thil issue and about the
beautification of' our state. It is private oitlzena who have often been the ones that could see
beyond the push and pull ofpolitlej in general. But private citizens have only the power of'their
voice and no big mon~, behind pushing bills throulth the legislature or trying to prevent bills fi'om
coming out et'committee which makes It hard.
! want to also add that as a citizen of'Virginia Beach, I know that our city Is one of'those oitio~
~rying to create some bill board legl~latlon et'tis own. ! am sro that you have heard fi'om ~ome
o£our city council members also. go ! hope that you will take thi~ In consideration when you
discuss thtj bill.
NRNCY K. PARKER TEL No.804-~$?-4497 Feb 9,98 15:41No.OO5 P.04
F'£TER R. R6ELRSTO TEL:l-757-491-2836 Feb 08,98 12:26 No,O01P.04
WI)on you were elooled as logislatorm, tho citizens of'Virginia Bea~ s~n! you to P, Jolunond is
make Judgement oalls lbr us. 1 eppreofate all et'the time and eflergy you spend doing this t'or us.
I thank you t'or being there to represent us,
Sincerely,
nets), Rewls Agelaato
NRNCY K. PRRKER TEL No.804-457-4497 Feb 9,98 13:41No.O05 P.05
Billboards/Tree-cuttlnS
In the argument over treatment ofbillboards in Virginia, the issues are clear and
dramatically different:
The Garden Club of Virginia wants:
Outdoor Advertising Assoc. wants:
1. to protect trees only in the public fight-
of-way. No pti,rate property_ri_~ehls will
1. to cut trees on public land,
including those planted with taxpayer
money for publio beautification.
2, to maintain or reduce the current out-
ting. size Of 2" in diameter for trees being
trimmed.
2. to increase the cusTent cutting size
for trees to.6".or 8" in diameter,
trees as tall as 40 t'eet.
3. to define billboards as off-premise
signs larger than :5' by 8'.
3. to scare businesses into thinking
OC of VA would ban all off-premise
signs.
4. to ban new construction of billboards,
as defined above.
4. unlimited billboard expansion.
$. no special preferences accorded to
one particular industry.
5. tree-cutting privileges on public
land that no other industry has.
6. the industry to pay its own way.
7, free speech for everyone., recognizing
that billboard structures are subject to
zoning just as other structures are.
8, to codify this policy only as a last
resort. C}C of Va. would prefer to
leave the issue under V'DOT regulation.
6. taxpayers to subsidize their permit
fees,
7. to take a public, property, for the
benefit c, fa p~¥ate industry.: to put
· structures behind public trees and
demand thc trees be cut.
8. to continue industry encroachment
on VDOT's former policy of no
cuttin8 in front of billboards.
Support HB 1208 (Murphy)
SB ~81 (Whipple)
Oppose HB 1166, ITB 1228
gB 686
Questions: Call Hylah Boyd (804) 288-5817
Betty Byrne Ware (804) 282-7156
NRNCY K. PRRKER__ TEL No.804-457-4497 Feb 9,98 15:41No.O05 P.06
GARDEN CLUB OF VIRGINIA
January 29, 1998
Nationally, the total number of billboards is on the rise by as much as 5,000 to
15,000 new ones a year. The current number of billboards on federal,aid highways in the
U.S. is about 500,000, up from about 300,000 in 1965.
Virginia has an estimated 7,$00 billboards - 5.6 billboards for every ten miles of
federal-aid hishwnys. For our purposes, billboards are defined as supposed by billboard
structures which distinqui~es them from other signs.
Virginia has 2,629 non-conforming billboards, which should be removed. These
· ed, under pressure fi.om the billboard industry,
to require billboard owners to be ~nded with our taxpayer dollars before removal.
ACCOrding to the Va. Dept. of Transportation, the permit fees charged for
bi/R,om'ds are low. Virginia has a $432,000 yearly deficit in costs to administer billboard
control. Virginia's defivit is the fifth highest ofthe 50 states.
There are 2.6. atat~ that allow no eu, ln_n of_t~.~;~on the nubile riaht-of-wav i,
front nfbillboard__~ mcludin8 our closest neighbors Maryland, K~ntuck-y ~'nd Geor~a. -
Virginia allows cutting oftrees up to 2" in diameter to improve billboard visjbi/iW. No tree
cutting is allowed in fl'oat of nonconforming billboards. This is a regulation pas~d by the
State Highway Commission, The billboard industry has proposed bills for the 1998 scs-
sion of the Virginia General Assembly that would put into code provisions for trees to be
cut on the public right-of, way up to 8" in diameter to improve billboard visibility on all
billboards, legal and nonconforming. The (}arden Club of Virginia opposes these bills.
WHAT CAN BE DONE ?
The C,'arden Club of Virginia is ~ HB 1208 (Del. Murphy, .chief patron)
and SB ~$1 (Sen. Whipple) which have been introduced in the 1998 General Assembly to:
1. Eliminate all new construction ofhillh~
2. Prohibit all tr~ cuttin8 on the pahlla right-of-way to
improve ~ visibility. "
3. Increase permit fees to cover the costs of administration
of~.
Please visit, eail, fax or write your legislators and tell them that you support all
three provisions ofboth bills and ask that they vote for HB 1208 and SB S81. Ask that
they vote agaia~ lib ] 166 (Del. Ruff) and HB1228 (Del. Tare) the industry bills. ~?
do not know who your representatives are, call (804) 698.1500. To let your legislators
know your views, call the Commonwealth Constituent View Point Line, (800) 889-0229,
or (804) 698-1990.
Call Hylah noyd, (804) 288-5817 or Betty Byme Ware, (804) 282-71~6
NANCY K. PARKER TEL No.804-457-4497 Feb 9,98 13:41No.O05 P.O?
RANKED ACCORDING
TO
TOTAL TOURIST EXPENDITURES
(199/! - latest n ur s available from Virginia Tourism Corporation)
1. Adin~on. CoUnty. traveler spending of $1,855.37 million in 1~95. Arlington
County has a billboard bnn. '
2. Fa:Irt'ax County - traveler spending of'$1,302.4:~ mill]on. Fairfa~ County
has a billboard ban.
3. Loudoun County - traveler spending of $$78.$7 million. Loudoun Count),
has a billboard ban,
Virginia Beach. traveler spending of S507.06 million. Virginia Beach has
a billboard ban, Virginia Beach set cortsecutive records in '96 and '97
for summer tourist spending. 0Uchmond Times Dispatch ] l/I 7/97)
5. Norfolk City - traveler spending of $349.86 million.
10.
Alexandria City - traveler spending of $344.00 million. Alexandria has a
blHbonrd ban,
Richmond City - traveler spending of $336.96 million, Richmond has a ban
on billboards ezeept on interstates.
WilUamsburg City. traveler spending of $297.47 million. Wllllamsbur~ has
a billboard ban. In 1991, two years after their ban on billboards.
Williamsburg saw a 44% increase in total retail sales.
Henrico County. traveler spending of $291.87 million, nenrico County has
a billboard ban,
James City County - traveler spending of $207.37 million. James City
County has a billboard ban,
* V'trgtnia ranks 10th among the states in traveler spending
N~NCY K. PgRKER TEL No.804-~$?-4~97 Feb 9,98 15:41No.O05 P.08
FRP-DF. RICKSBURG, VIRGINIA
SATURDAY, JANUARY 3, 1998
The Free Lance-Star
PUBLI~H'~R
Charles S. Rowe. Editor l~rfhu
vn/d' Muq~y Street
EDITORIAL8
Nancy Meet,
,4~. M~#~ ~,
NflNCY K. PflRK£R
TEL No .804-457-4497
Feb 9,98 15:41 No.005 P.0g
Winmton.Sslem Joumsl - Sanumry 16,1998
. ., mm
I mi ~ mm, mE. I ~ m _ ~
1,2/7 mmLLmoAaom vs. TRlaS '
Let nature win, for once
will a~k a l~eA~e~ of ~ l?, the ~31o~ ~ advental~ fife:
~~n~ of ~e~ b~~. ~'t ~ ~
It ~ ~ow ~ ~b,~ ~ for ~ ~ b ~ a fo~,_ ~ce ~e~
250 f~ ~e ~, ~ ~~~e~~b~o~--. ~'~"~
· ~, o~ ~e ~ew ~ ~ ~. ~ ~.
~ oberon. . mo~ ~~t of ~~en
mo~
W u
~'s ~Med ~~ ~ ~ ~~ 198 ~ or--de
compl,l~ ~ a ~ ~ 70 ~e ~ fo~ ~ ~.~e ~d~.
l~Sf~~fofl~n~.~ ~ ~n~ ~d ~n dio~de
see ~. sszue sl~n for $ second~.
OF COURSe, that's also S ~n~
ho~ ~ 8~ f~h
~ by c~, and ~ey produce life-
~~n or a pubBc ~e for
Ano~er DOT task force wrangled
with this bsue for slx mont~ ~n 1995.
[J The lndu~lr ~-, 8ou~ Carollm b lhere Ls no re&son to deba~e t~e sublec~
· 8~ ~ple of h~ ~ ~.~ ~ ~ ~ ~ ~d. ~e DOT
wor~ ~e P~e~
foot b~ '~d~.'
~ono who
NRNCY K. PRRKER TEL No.80a-457-4497 Feb 9,98 t3:53 No.O06 P.O]
Wimton-$alem .Journal - Sanuary 16, 1998
/ · aI'-LBOARt) VL
Let nature win, for once
aton t~ cut an intrepid mnuber oz out~und)er the remah'dn8 road~lde
can be made more vt~lbl~. And, ~.North C~olln~ ~ m follow
Th, 'caak force ~ould lbten polltelS, lead of other ~m~, Ix ~hould be noted
t,o wh~ the tndust~ lobbyl~ hsrve ~ tl~ g6 ~ don't ~low e~ ~tee~ to
~, and then promptl~ send them holne' be cut a~ all
empty-handed, .. ' D The indusu7 says hundreds, of
~oeutev~tr~for I2§feetin~e .stye. -c~n't be ~en clearly flora the road.
lindt, theys~v, ~YP~ ute bulldandmaln~&~~wh~it
eEecflvene~ of their b2bo cea°t Ix seen.
xtm attaw cut,tag down ~ tree zorthe liner is~ s fornus~. ,_Finco.~e--
~60 feet. T~e tre~, billboard ownere tree, are routinely cut by b~ own-
~, obetmct the view of thel~ flgn~ er~
the OppOSite l~ t~le ~ ~ the often ~tould be lncre~.~ed because billboard
v~ual ob~ruc~or, . moral, equivalent of ~mytn~ drunken
The billboard tndmm'y'~ .l~t sr~_ -. man~peopleSh°Uldrout:tnel~be leg~l~ddrivebec~uSedrutfit, so
eu-on~ !u'~um_ eh" agafn~ allowing en "There's & 1o~ at stake here. A doubl~
increased ,deartng limlL -, ~ would affec~ about 8,400 bill
G Btllbo~l owners ~a~ that ~ ~ s~w~e, T~,~ men, Ls~ee to an
~ce~e'a i~cre~edi~m'Kate ~ llmit~ add~ona1198 nfle~ ofroad~de ~mber
complain ~ · driver _mn~lng.,0 the ~ force sides with the industry.
niles per hour will see ~ billboard with ~ad~lde. tre~ abeo~ eame of ~e
1~5 fee~ofdeamncefor 1½eecond~.l~ c~rbon nmno~dde and carbon dioxide
tha~ clearance b doubled · driver could emlned by cars, and fl~ produce
,ee ~. eame ~l~n for S ~ondL ~ o~g, en. Cut~:~n8 ~ to
b~vc~ ~e vt~bXe x~ ~en~ me
OF COUR~I, tha$'l also 3 seeond~de~tructionofapub~lere~ourceforprl-.~
d~rwon'tbelookin~ttheroad, rate ~
In $ seconds a ear going 70 mJ3es per .*.noth~r DOT tzsk force
hour travels 308 feet. with tl~ bsue for slx months in !99~.
& good example of how tlxlngs slmulcl[ tl~ lon~ th~ time e:ouncL Th, DOT
work. The Palmetto 8t~e,altow~ l ~300- ~hould do the right thing ~nd protect
fo~ billboard "window.' the st&t4's tree~. 1~ ~omerl~ng needs
An~.one who hu, driven ~o M~.,I~ e ~ 4rix, K~. with Lhe number o!
- 55 -
Item VI-M_2. a.
NEW B USINESS
ITEM # 43244
Upon motion by Councilman Harrison, seconded by Councilman Branch, City Council ADDED TO THE
AGENDA:
Resolution to support reauthorization of the Intermodal Surface
Transportation Efficiency Act (ISTEA); and removal of the
various Federal Transportation Trust funds from the United
Federal Budget.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
Harold Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 56-
Item VI-M.2.b.
NEW BUSINESS
ITEM # 43245
Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, City Council ADOPTED:
Resolution to support reauthorization of the Intermodal Surface
Transportation Ef~ciency Act (ISTEA); and removal of the
various Federal Transportation Trust funds from the United
Federal Budget.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
A RESOLUTION SUPPORTING REAUTHORIZATION OF THE
INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA)
AND REMOVAL OF THE VARIOUS FEDERAL TRANSPORTATION TRUST
FUNDS FROM THE UNIFIED FEDERAL BUDGET
WHEREAS, both the United States House of Representatives and the United States
Senate have introduced legislation (H.R. 2400 and S. 1173)to reauthorize the 1991
Intermodal Surface Transportation Efficiency Act (ISTEA);
WHEREAS, the nation's transportation infrastructure system has been instrumental
to the economic vitality of our country, but is not sufficient to allow continued growth in the
21 st century;
WHEREAS, highway and transit, aviation, inland waterways and ports trust funds
were established so that the users of systems will pay for them;
WHEREAS, more than $27 billion have been collected from users but not utilized
for the purposes promised, and now sit idle in these trust funds due to years of revenue
impoundment and artificial spending caps on transportation improvement programs;
WHEREAS, the U.S. Department of Transportation's analysis indicates that the
annual cost just to maintain current conditions is neady $50 billion for highways, $5 billion
for bridges and almost $8 billion for transit;
WHEREAS, H.R. 2400 and S.1173 will help assure that all revenue collected for the
highway and transit, airport, inland waterways and ports trust funds is used to finance
needed transportation improvements, not to hide the size of the deficit;
WHEREAS, highway and transit, aviation and waterway improvement programs
create jobs and enhance transportation safety while producing long-lasting capital
investments that benefit all Americans;
WHEREAS, the Governor of Virginia and the Virginia General Assembly have stated
that any additional revenues for transportation should come from the Federal Government;
WHEREAS, reducing trust fund balances will benefit all consumers by reducing the
cost of transporting goods and products, thereby producing savings for us all;
WHEREAS, reauthorization of this legislation will be beneficial to the nation, the
Commonwealth of Virginia, Hampton Roads and Virginia Beach; and
WHEREAS, if the ISTEA is not reauthorized, the majority of transportation projects
in the Commonwealth will be unfunded.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby supports, and recommends speedy passage of,
reauthorization of the 1991 Intermodal Surface Transportation Efficiency Act by the United
States Congress;
2. That City Council further supports removal of the various federal
transportation trust funds from the unified federal budget; and
3. That the City Clerk is hereby directed to send a certified copy of this
resolution to each member of the Congressional delegation from the Commonwealth of
Virginia.
Adopted by the Council of the City of Virginia Beach, Virginia on the
.zoth day of February , 1998.
APPROVED AS TO CONTENT:
ROBERT R. MATTHIAS
-57-
Item VI-M.3. a.
NEW B USINESS
ITEM # 43246
Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council ADDED
TO THE AGENDA:
Ordinance to confirm the Declaration of Local Emergency signed
by Mayor Meyera E. Oberndorf on 4 February 1998.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr.
and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
- 58-
Item VI-M. 3.b.
NEW B USINESS
ITEM # 4324 7
Upon motion by Council Lady Henley, seconded by Council Lady McClanan, City Council ADOPTED:
Ordinance to confirm the Declaration of Local Emergency signed
by Mayor Meyera E. Oberndorf on 4 February 1998.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr.,
HaroM Heischober, Barbara M. Henley, Louis R. Jones, Reba S.
McClanan, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr.
and Louisa 3/1. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Mayor Meyera E. Oberndorf
February 10, 1998
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AN ORDINANCE CONFIRMING THE
DECLARATION OF LOCAL EMERGENCY SIGNED
BY MAYOR MEYERA E. OBERNDORF ON
FEBRUARY 4, 1998
WHEREAS, § 44-146.21 of the Code of Virginia, as amended,
provides that the local director of emergency services, or any
member of the governing body in the absence of the director, "may
declare the existence of a local emergency, subject to confirmation
by the governing body at the next regularly scheduled meeting or at
a special meeting within fourteen days of the declaration,
whichever occurs first;"
WHEREAS, § 44.1-146.21 further provides that ~[t]he
governing body, when in its judgment all emergency actions have
been taken, shall take appropriate action to end the declared
emergency;"
WHEREAS, in accordance with the Virginia Emergency
Services and Disaster Law [§ 44-146.13 et seq. of the Code of
Virginia, as amended], City Council, by adoption of §§ 2-411
through 2-413 of the City Code, crea~ed the Office of Emergency
Management and appointed the City Manager as the Director of
Emergency Management; and
WHEREAS, due to the absence of the City Manager, the
Mayor, by virtue of the authority vested in her by § 44-146.21,
signed a Declaration of Local Emergency on February 4, 1998, in
response to the imminent threat of disastrous weather and flood
conditions posed by the major storm which struck the coast of
Virginia on the morning of Wednesday, February 4, 1998.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That, pursuant to § 44-146.21 of the Code of Virginia, as
amended, City Council hereby confirms the Declaration of Local
Emergency signed by Mayor Meyera E. Oberndorf on February 4, 1998,
a copy of which is attached hereto as Exhibit A and is hereby
incorporated by reference.
BE IT FURTHER ORDAINED:
That, based upon its determination that all emergency
actions have been taken, City Council hereby formally ends the
Local Emergency.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 10 day of Fahrnzrv , 1998.
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CA-6919
ORDIN~NONCODE\STORM.ORD
R-6
PREPARED: 02/09/98
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
2
:,iZ~ERR E. OBERNDORF TEL:757-490-$272 Feb 04'98 11:55 No.O01P.01/O;
EXHIBIT A
- 59-
Item VI-M. 4.
NE W BUSINESS
ITEM # 43248
BY CONSENSUS, City Council ACCEPTED:
~4BSTRACT OF LEGAL CASES RESOLVED- JANUARY 1998
February 10, 1998
Item VI-N.
ADJOURNMENT
ITEM # 43249
Vice Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 3:10 P.M.
Chief Deputy City Clerk
Vice Mayor William D. Sessoms, Jr.
Vice Mayor
Ruth Hodges Smith, CMC/AAE
'City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
February 10, 1998