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CITY COUNCIL
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"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
Beach
May 23, 2000
II.
CITY MANAGER'S BRIEFING
- Conference Room -
DRAINAGE IN THE SOUTHERN PART OF THE CITY
Arthur R. Shaw,
Operations Engineer, Department of Public Works
REVIEW OF AGENDA ITEMS
4:00 PM
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Donald G. Wilson
Bayside 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 CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS - May 9, 2000
AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
PUBLIC HEARING
1. SALE OF EXCESS CITY OWNED PROPERTY:
Fox Fire Subdivision
ORDINANCES/RESOLUTIONS
Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire
subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-
four (24) property owners, (value of the property to be determined by fair market value
appraisal); the City shall retain the right to reserve a 20' drainage and utility easement.
2. LYNNHAVEN PARKWAY, PHASE IX:
Resolution re a location, design Public Hearing to request the Virginia Department
of Transportation (VDOT) place the aerial utilities underground with this project.
bo
Ordinance to AUTHORIZE advance acquisition of property in fee simple for right-
of-way, by purchase or condemnation, for this project.
Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland
Road as an underground utility corridor.
AUTHORIZE the Director of Public Works to execute all necessary documents for
this project.
Ordinance to AMEND § 7-50 of the City Code by adding a provision pertaining to the
operation of four-wheeled bicycles in the resort area (April 15 thru September 30).
Ordinance to ABOLISH the Erosion Commission and REPEAL § 6 - 161 through
§ 6 - 165 of the Code of the City of Virginia Beach and ESTABLISH the Beaches and
Waterways Advisory Commission as the successor to terminate 30 June 2005.
Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right-
of-way (20' alley) at 1500 Atlantic Avenue for EWALBE, L.L.C. re two (2) security gates;
and, authorize the City Manager to execute the necessary documents.
Ordinance to TRANSFER $3,159 from the FY 2000 General Fund Reserve for contingencies
to the operating budget of the Department of Housing and Neighborhood Preservation to
reimburse a city employee for legal fees and expenses incurred during the performance of
official duties.
o
Ordinance to TRANSFER and APPROPRIATE $660,535 from the General Fund Reserve
for contingencies to the FY 2000 Virginia Beach Court Service Unit operating budget re
Juvenile Detention Services and Group Home Services.
Resolution to temporarily change the location of City Council meetings due to planned
repairs and renovations of the City Council Chambers to the School Administration Building
and direct the City Clerk to make the general public aware of the changes.
Resolution REFERRING to the Planning Commission proposed amendments to § 111 and
Article Two of the City Zoning Ordinance (CZO), establishing design and other standards
for retail establishments by no later than June 17, 2000.
PLANNING
Application of CAVALIER GOLF AND YACHT CLUB for the discontinuance, closure
and abandonment of a portion of Cardinal Road beginning at the northern boundary of
Starling Court and running northwesterly to its terminus, containing 1.78 acres.
(LYNNHAVEN - DISTRICT 5)
Recommendation:
APPROVAL
Application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and
abandonment of a portion of Southern Boulevard beginning at the eastern boundary of
Kentucky Avenue and running in an easterly direction a distance of 725.86 feet, containing
36,293 square feet. (ROSE HALL - DISTRICT 3)
Recommendation:
DENIAL
Application ofJERROLD L. MILLER for a Variance to the Subdivision Ordinance that all
lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) at 1242
North Inlynnview Road re reducing the width of an existing lot.
(LYNNHAVEN - DISTRICT 5)
Recommendation:
APPROVAL
Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the
Subdivision Ordinance re all lots have access to a public street at Lots 43A and 44A on the
north side of Alberthas Drive. (LYNNHAVEN - DISTRICT 5)
Recommendation:
APPROVAL
Application of MILTON A. PALMER, SR., for an expansion of a nonconforming use at
309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6)
Deferred:
Staff Recommendation:
April 25, 2000
INDEFINITE DEFERRAL
Application of JAMES M. ARNHOLD for the enlargement of a nonconforming use on Lot
3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two-
story townhouse and replacement by constructing a larger three-story townhouse, containing
3,316.2 square feet. (LYNNHAVEN - DISTRICT 5)
Deferred:
Recommendation:
March 28, 2000
APPROVAL
APPOINTMENTS
ARTS AND HUMANITIES COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HAMPTON ROADS TRANSPORTATION DISTRICT
MINOI~ITY BUSINESS COUNCIL
SOCIAL SERVICES BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES RESOLVED - AP1LIL, 2000
N. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED FROM
TUESDAY, JULY 4, 2000
TO:
WEDNESDAY JULY 5, 2000
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)
05/18/00slb
AGENDA\05-23-00
www. virginia-beach, va. us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 23, 2000
Mayor Meyera E. Oberndorf called to order the 'CITY MANAGER'S BRIEFING re RURAL AREA
DRAINAGE in the Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 4.'00
P.M..
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyers E.
Oberndorf and l/ice Mayor William D. Sessoms, Jr.
Council Members Absent:
William W. Harrison, Jr.
Nancy K. Parker
A. M. "Don" Weeks
[ENTERED: 4.'20 P.M.]
[ENTERED: 4:10 P.M.]
[ENTERED: 4:50 P.M.]
Robert C. Mandigo, Jr., Councilman-Elect, Kempsville- District No. 2 and Rosemary Wilson, Council Lady
- Elect, At Large, werepresentfor both the Informal and Formal Sessions.
Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of
General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order of the Eastern
Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron
and is hosting approximately 2, 500 attendees.
2
CITY MAN.4GER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
4:00 P.M.
ITEM # 46621
Mark Johnson, National Pollution Discharge Elimination System Administrator - Public Works, advised
the Briefing relative Drainage in the Southern Part of the City consisted of three main themes: Existing
Conditions, Drainage System and Operations and Maintenance.
Mr. Johnson, with the assistance of the Power Point System, depicted the existing conditions: The areas
depicted in "green" are the areas of poorly drained soils. The rural area of the City is depicted as the
southern portion below Indian River Road. Comparing the FEMA Flood Hazard Data Map with the Soil
Survey Map, the l O0-year floodplain closely aligns with the poorly drained soils. Princess Anne Road is
generally the high point. The Flood Zone reaches up to Elevation 5. The average rainfall for the City is 44
inches per year.
L 0 W/FLA T
a. Average Land Slope: l OO feet Horizontal: 2.5 inches Vertical Drop.
b. Tide Elevations
1. 1-Year Tide: 2.0 Feet M. S.L.
2. 25-Year Tide: 3.9 Feet M.S.L.
3. 50-Year Tide: 4.5 Feet M. S.L.
4. lO0-Yar Tide: 5.0 Feet M. S.L.
SO UTHERN W,4 TERSHEDS
Back Bay
1 Muddy Creek
2. Beggars Bridge Creek
3. Nanney Creek
4. Devil Creek
North Landing River
1. Blackwater Creek
2. Mill Dam Creek
3. Oakum Creek
4. Walnut Creek
5. West Neck Creek
6 Pocaty Creek
With the Southern Canal and Lead Ditch Restoration Study, five of these creek systems were reviewed:
Mill Dam Creek, Blackwater Creek, Oakum Creek, Beggars Bridge and Nanney Creek. The main point
derived was the creek systems need to be cleaned out of fallen debris to allow the water to fiow once the wind
tides or tidal elevations drop down and the water can move into North Landing River and Back Bay.
Primarily the City has an Open Ditch System with Culverts. There are veryfew pipe systems existing in the
southern portion of the City.
Charles Hassen, Development Services Center Co-ordinator, presented information relative Development.
May 9, 2000
-3-
CITY MANAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
General Comparison of the Characteristics of Rural (Southern) and Urban (Northern)
Rural (Southern) Urban (Northern)
Stormwater drainage is influenced by wind tides Stormwater drainage is influenced by lunar tides
High percentage of low land elevations
Mostly natural drainage systems with few
engineered conveyance and impoundment
systems
Much of the land is within the floodplain
Many of the drainage systems are private and
controlled and maintained by agricultural
activities
Most of the soils are poorly drained with a high
seasonal groundwater table.
The area is sparsely populated with Iow
percentages of impervious cover
The drainage systems do not have the capacity to
handle large storm events. As a result, flooding
occurs in the floodplain
Most of the sanitary sewer systems are private
septic systems (conventional or land
managemenO
Most of the drinking water supplies are private
wells.
Higher percentage of high land elevations
Many drainage systems are engineered
conveyance and impoundment systems with some
natural systems
Most of the land is outside of the floodplain
Many of the drainage systems are public and
controlled and maintained by the City.
The soils are better drained with a lower
groundwater table.
The area is more densely populated with areas of
high impervious cover.
Many of the drainage systems have large
capacities to handle large storm events
Most of the sanitary sewer systems are public
Most of the drinking water supplies are public
Highlights of the Agricultural District Amendments
A G-2 District was created in 1979. This district preserved agricultural
lands while accommodating rural development within the first 600-feet
of the roadway.
Agricultural Lands Area Overlay District was developed in the late
1980's. 100% of the surface water was to be retained on site. No new lots
will be developed, unless an exception is provided by City Council.
Agricultural Lands Area Overlay District was repealed in 1991.
In 1993, an additional lot is allowed for parcels 10 acres or larger on one
parcel.
In 1994, the Residential Density Section was created. One unit per 15
acres is allowed to be subdivided "by right".
In 1994, the Alternative Residential Development allowed a Conditional
Use Permit to be granted by City Council for development. Densities are
based on soil types.
In 1995, the Agricultural Reserve Program was adopted, which restricts
the use of land to non-residential use.
These amendments did change the pattern of rural residential development. Many of these amendments
encouraged new houses to be built along existing roads while other amendments supported new narrower
roads with drainage swales or ditches for clustering of new units. The boundaries would be Elbow Road,
Salem Road, Landstown/Princess Anne and Sandbridge Roads.
May 9, 2000
CITY MANAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
The majority of the rural or agricultural area would fall within this boundary. The dark areas on the map
depicted by Mr. Hassen indicated high density. The green areas represented 2,056 parcels without
structures. Many of these parcels have potential for development. Mr. Hassen displayed one area, Old
Carolina Road which is an example where some individuals believe recent development may have caused
drainage or flooding problems. A new resident finds standing water in the roadside ditches or on their
property and expects the water to go away as it did in their last house. The individual formerly lived in the
urban section of the City and is not aware of the differences between rural and urban areas. Some of these
ditches will never be dry. The majority of the lots on Old Carolina Road are fairly old. The most recent lots
(depicted in "brown") were created in 1994. The "green" lots were created in 1984, the "blue" lots were
created in 1964 and the "purple" lots were created by deed in 1953. Development Services usually reviews
only a lot grading plan relative a single-family home. Development Services makes sure the surface of the
lot drains away from the house. There is much area around the house, therefore once it drains away from
the house, some water will be absorbed. If the land is under cultivation, the farmers will determine how this
water will leave the lot. When reviewing a land management plan, Development Services' is interested in
the water moving away from the house and the drainfield. Contained within the Public Works Specifications
and Standards generally single family land management plans do not require stormwater management
facilities as there is not increased stormwater runoff. A roadside ditch which is within a public right-of-way
and part of an adequate drainage system shall be considered to be suitable outfall for land management sites
and no further downstream easements will be required. All AG lots created now are at least one acre or
three acres in size. Therefore, the small amount of impervious service is not going to significantly change
the runoff from the site. Therefore, these lots should not impact our system. There is a cumulative factor.
Over time, if there are many lots in the same drainage system, these will have some impact. The next slide
depicted the Agricultural Reserve Program easements. On Old Carolina Road, the particular lands
depicted will not have development on those sites. The Agricultural Reserve Program can avoid drainage
problems.
Review Considerations
Existing drainage patterns
Existing drainage system adequacy
Size of development
Types of runoff being generated (public, private or both)
Type of septic system proposed
Need for downstream easements (land management, storm water or both)
Need for stormwater management facility
Location of outfall
Need for existing drainage system upgrade, improvement or maintenance
Need for new drainage system
Impact of proposed development on existing drainage
Possible Causes of Perceived Drainage Problems
Impact of new development in and around the floodplain
Impact of upstream development
Poorly drained soils
Expectations of new residents
New residents report problems that were not reported by
existing residents/farmers
Drainage problems previously handled by the land owner
Reduced capacities of the drainage systems due to the accumulation
of sediment and debris
Reduced maintenance of some private ditch systems
Limited maintenance of receiving systems
May 9, 2000
-5-
CITY M/INAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
Relative the types of septic systems, a conventional system for well drained sods would allow a septic
system to be installed with the drainfield on a one acre piece of property. A land management system is
developed on poorly drained soils. In this particular case, there would be a septic system, but surrounded
by a ditch on al[four sides, approximately 70feet from the drain field. This ditch draws down the surface
water so it does not compete with the septic system. The land must be 3 acres in size. There are only two
cities in the Commonwealth with this system: Chesapeake and Virginia Beach.
Mr. Hassen advised the City is responsible for the land management to make sure this system is designed
and engineered properly, so the water is moved away with the ditches at the proper slope, etc. The City is
responsible if the water leaves the site and to make sure easements are obtained to allow the City, if the
property owner could not, to clean out those ditches downstream as a health matter. It is up to the Health
Department to be assured the septic system is installed properly. The civil inspectors review the site relative
the proper installation of the ditches. Until last year, the Health Department would actually perform the soil
borings and determine whether or not the soils were proper for a conventional or land management system.
This past year, the State changed this regulation and allows an OSAE (licensed on-site soil evaluator) to
review everything with the Health Department. The OSAE prepares the entire plan. The City basically
reviews same, but the Health Department is required to stay "hands-off".
Council Lady Henley referenced the land management system approved in the early 1970's and the intent
was a compromise by the State to allow some building on poorly drained soils; however, sites such as Old
Carolina Road, where many lots were subdivided prior to the land management regulations, makes it
difficult in a poorly drained area to make this system work. When is it the City's responsibility to correct the
situation? In the "requested but not funded" portion of the budget, this drainage project, if built, was over
SI-MILLION.
Mr. Hassen advised some of the older lots were created prior to land management and if they are 3 acres,
the staff would immediately request the Health Department for site plan approval and then determine
whether they would have to have a land management system. Old Carolina Road has flooded for years. It
is the responsibility of the City to maintain some level of adequacy to move the water through the City's
conveyance systems.
Suggested Solutions for Further Study
Place a note on final subdivision plats and site plans that states the
elevation of the land is low and prone to flooding.
Have land owners/home buyers sign a disclaimer statement regarding the
elevation of the property and the potential for flooding.
Public Works/Operations and Planning/Development Services Center work
closer together to identify proposed developments in areas with existing
drainage problems
Study all of the current City Code, Health Department Regulations and
Public Works Specifications and Standards requirements regarding
development in rural areas and make suggestions for improvements based
on the input from City Council, Planning Commission, Agricultural
Advisory Committee and staff
Additional training for staff and consultants.
Determine what is reasonable in terms of requirements for developments
of varying size and environmental concerns
Continue current and proposed maintenance programs for existing
drainage systems.
Arthur R. Shaw, Operations Engineer- Public Works, emphasized the 200 miles of major ditches/canals and
the 600 miles of roadside ditches concerning the Municipal Separate Storm Sewer System.
May 9, 2000
-6-
CITY MANAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
STORMWA TER MAINTENANCE
94-95 95-96 96-97 97-98 98-99 99-2000
Projection)
Budget Total $4,745.38 $5,975,769.00 $6,131,741.00 $5,695,284.00 $6.0-6.5-
Actual MILLION
W.O. Received 4,145 5,001 3, 767 3,563 5,260
W.O. 4,072 5,048 3,758 3,967 4,621
Completed
Average Age 65 85 61 64 40
of Completed
W.O.s
% ofW. O.s 36.21% 69% 66% 71%
Completed
within 60 days
Backlog W.O.s 753 874 798 690 419 750-850
at Years End
Average 666 1,081 516 539 750
Annual
Backlog
Average Age 167 125 174 113 85
of Backlog
W. Os
Number of 51 54 58 58 61 62
Employees
Although, it looks like a good story, the department is merely responding to calls.from the public. There is
not much preventative maintenance in this program. This is simply a reactive mode.
There are only a certain amount of fixed assets to accomplish work.
Mr. Shaw referenced:
FY 199 7-98
FY 1998-99
FY 1999-00
This is evidence of aging infrastructure.
Cave-In Repairs
1,894
2,534
3, O44
Storm Water Operations and Maintenance
Response - Level of Service
Major Tasks Current
Roadside Ditches 2.26years, on average
Major Off-Road Ditches 12.3 years, on average
Demand/Preferred
1.5 years, on average
3-10 years, on average
Cave-ins 73 days, on average 60 days, on average
Basin Cleaning 8. 8 years, on average 3 year, on average
Pipe Cleaning 40 years (est.), on average 5 year, on average
SWMF Dredging 1.4 lakes/yr, on average 6.2 lakes/yr, on average
May 9, 2000
-7-
CITY MANAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
Mr. Shaw referenced the graphs entitled: Storm Water Ditch Work: July 1996-April 2000 in terms of man
hours and work orders. There has been a fairly steady percentage of that work in the southern portion of the
City. The southern portion of the City is receiving a fair distribution ora declining resource. Mr. Shaw
displayed slides depicting ditches on Old Carolina Road installed prior to concentration of effort on the
older sites. Many of these are undersized, as a poor example of an overgrown ditch on Grimstead Road off
of Back Bay Landing Road. Mr. Shaw displayed a slide depicting a home on Baum Road, near the
Chesapeake Line, but still in Virginia Beach, which has their septic land management system in their front
yard. 21 ditch cuts between their septic system and the lot line ditch, which brings the water to the road, with
a ditch running down Baum Road and depicts the best of the best. It is well landscaped and totally
vegetated. This is a typical land management plan where the water is brought to the edge of the road. Mr.
Shaw displayed a slide depicting Mill Dam Creekwhere it crosses Indian Creek Road and Crags Causeway.
This woody debris causes energy loss of the water, which backs up water in the roadside ditches. The City
must do better about clearing the fallen vegetated debris out of these creeks.
PLAN OF ACTION
Develop a contract for Continuous Lead Ditch Maintenance
Dedicate $75,000 a year for Storm Water Maintenance with Sheriff's
Work Force
Proceed with Obtaining the Necessary Permits for the Southern
Canal/Lead Ditch and Culvert Improvements Project (7-024)
Mr. Shaw advised, because of environmental controls, it is much more difficult for a farmer to clean his own
ditches. Council Lady Henley advised a 50-year or lO0-year storm is a misnomer as they really do not
happen every 50 or lOO years, but occur more frequently. The rainfall has been much higher than average
the last ten years. The impact of the wind tides on these elevations is a compounding effect. Mr. Johnson
advised the l O0-year floodplain is based only on a rainfall event. Based on the rain occurring over the past
10 years, the staff will review their design rainstorm, add in the extra data and determine if the numbers
need to be increased for the 50 and lO0-year floodplain. These can be incorporated into the standards.
FEMA can be requested to re-evaluate the City's drainage watersheds to determine if the lO0-year
floodplain needs to be adjusted. Mr. Johnson advised that information is provided to FEMA and they do the
actual evaluation and establishment of the floodplain elevation.
Councilman Baum complimented the excellent presentation.
May 9, 2000
-8-
AGENDA RE VIE W SESSION
5:02 P.M.
ITEM # 46622
L1.
Ordinance DECLARING certain City right-of-way EXCESS
property at Fox Fire subdivision and A UTHORIZING the City
Manager to convey same to the adjacent twenty-four (24)
property owners, (value of the property to be determined by fair
market value appraisal); the City shall retain the right to reserve
a 20' drainage and utility easement.
Council Lady Henley advised there would be representatives of the Fox Fire subdivision who wished to
speak.
ITEM # 46623
1.3.
Ordinance to AMEND 3~ 7-50 of the City Code by adding a
provision pertaining to the operation offour-wheeled bicycles in
the Resort Area (April 15 thru September 30).
Council Lady McClanan advised she would vote NAY on this item. She was very disappointed in RAC's
discussion. Council Lady McClanan advised other localities approach the regulations of these bicycles in
a different manner. Vice Mayor Sessoms advised those rented on Atlantic Avenue are causingproblems
throughout the area. Vice Mayor Sessoms advised even on the boardwalk these bicycles cause a problem
and believed hours of operations might be a possible solution.. Councilman Jones referenced these bicycles
on sidewalks and the possibility ofharmingpedestrians. This item will be REMOVEDfrom the Agenda and
more comprehensively addressed. The City Staff will be requested to comprehensively review this Ordinance,
encompassing the hours of operation, regulation of the number allowed for rental, abuse by renters and the
various locations where these particular bicycles may be operated.
ITEM # 46624
1.5.
Ordinance to AUTHORIZE temporary encroachments into a
portion of city owned right-of-way (20' alley) at 1500 Atlantic
Avenue for EVr'ALBE, L.L.C. re two (2) security gates; and,
authorize the City Manager to execute the necessary documents
Mayor Oberndorf and Council Lady Henley referenced calls of concern. Councilman Branch advised Mr.
Joseph Cotton was confused relative the application. He had requested the applicant's attorney, Edward
Bourdon, respond to Mr. Cotton.
Councilman Branch advised there is a north/south alley and an east/west alley perpendicular on that block
and they are unique in nature. These alleys actually divide the amusement area in 'half. The applicant wishes
to install two gates. The alley will be closed and deeded to both property owners. This was part of the
agreement. Mr. Cotton has a house on Pacific Avenue, adjacent to the east-west alley. A survey was
conducted and a portion of this was determined to be on the amusement park's property; therefore, the 20'
foot alley needs to be moved over a few feet to be totally on the public right-of-way and would be closer to
Mr. Cotton's house. The access to this property will no.~t be cut off
Mayor Oberndorf advised Joseph IV. Cotton and Chester Rodio have registered to speak in Opposition to
the Ordinance. Council Lady Parker advised Mr. Cotton's lot line is the issue. Mr. Rodio was concerned
relative access to Pacific Avenue from his parking lot. Mayor Oberndorf advised there was also opposition
to the Amusement Park.
This item will be discussed during Formal Session and City Staff shall respond to concerns.
May 23, 2000
-9-
AGENDA RE VIE W SESSION
ITEM # 46625
1.8
Resolution to temporarily change the location of City Council
meetings due to planned repairs and renovations of the City
Council Chambers to the School Administration Building and
direct the City Clerk to make the general public aware of the
changes.
Council Lady McCIanan wished to vote a VERBAL NAY on this item as she was in OPPOSITION to
reducing the number of seats in the City Council Chamber. The City Manager advised they are removing
two rows of 7 seats. These seats will be replaced by a staff work table, so the City staff representatives may
review their planning documents.
The City Manager advised the Resolution states:
"That, in order to avoid a conflict with the School Board's meeting
schedule, during this same period of time, City Council will not meet on
the first Tuesday of the month."
A BRIEFING relative the City Council Renovations shall be scheduled for the City Council Session of June
6, 2000.
ITEM # 46626
Resolution REFERRING to the Planning Commission proposed
amendments to 3~ 111 and Article Two of the City Zoning
Ordinance (CZO), establishing design and other standards for
retail establishments by no later than June 17, 2000.
Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning
Commission. The Amendment on page 4 is extremely minor and states: "...that high-quality design elements
not addressed by the provisions of this Part shall be encouraged." This item will be discussed during the
Formal Session.
ITEM # 4662 7
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
ORDINANCES
L 2. L YNNHA VEN PARKWA Y, PHASE IX:
Resolution re a location, design Public Hearing to request the
Virginia Department of Transportation (VDOT) place the aerial
utilities underground with this project.
Ordinance to AUTHORIZE advance acquisition of property in
fee simple for right-of-way, by purchase or condemnation, for
this project.
c. Ordinance to ESTABLISH the right-of-way between Lishelle
Place and Holland Road as an underground utility corridor.
d. AUTHORIZE the Director of Public Works to execute all
necessary documents for this project.
Ordinan ce to ABOLISH the Erosion Commission and REPEAL
~ 6 - 161 through ~ 6 - 165 of the Code of the City of Virginia
Beach and ESTABLISH the Beaches and Waterways Advisory
Commission as the successor to terminate 30 June 2005.
May 23, 2000
- iO-
GENDA RE VIE W SESSION
ITEM # 46627 (Continued)
1.6.
1.7.
1.8.
Ordinance to TRANSFER $3,159 from the FY 2000 General
Fund Reserve for contingencies to the operating budget of the
Department of Housing and Neighborhood Preservation to
reimburse a city employee for legal fees and expenses incurred
during the performance of official duties.
Ordinance to TRANSFER and APPROPRIATE $660,535 from
the General Fund Reserve for contingencies to the FY 2000
Virginia Beach Court Service Unit operating budget re Juvenile
Detention Services and Group Home Services.
Resolution to temporarily change the location of City Council
meetings due to planned repairs and renovations of the City
Council Chambers to the School Administration Building and
direct the City Clerk to make the general public aware of the
changes.
Council Lady McClanan will vote a VERBAL NAY on Item 1. 8.
ITEM # 46628
Councilman Harrison distributed a Resolution, which he wishes to add to the Agenda;
Resolution authorizing and directing the City Manager and City Attorney
to take any and all actions necessary to upgrade the quality of conditions
at the Resort Area; and, help City Council achieve its goal of developing
the City into a World-Class Resort destination.
May 23, 2000
- 11 -
AGENDA RE VIE W SESSION
ITEM # 46629
J. 1
Application of CA VALIER GOLF AND YACHT CLUB for the
discontinuance, closure and abandonment of a portion of
Cardinal Road beginning at the northern boundary of Starling
Court and running northwesterly to its terminus, containing 1.78
acres. (L YNNHA VEN- DISTRICT 5)
Councilman Harrison advised Council Lady Eure there are no private uses on this road Karen Lasley,
Interim Zoning Administrator, advised the Yacht Club has purchased all the property. The map in City
Council's agenda is old and the houses depicted are no longer in existence. There will be no property
without access.
The City Attorney distributed the Street Closure Ordinance, as it was not included in City Council 's package.
ITEM # 46630
J. 2. Application of CHARLES G. & SUSAN L. BARKER for the
discontinuance, closure and abandonment of a portion of
Southern Boulevard beginning at the eastern boundary of
Kentucky Avenue and running in an easterly direction a distance
of 725.86feet, containing 36,293 square feet. (ROSE HALL -
DISTRICT 3)
This item will be discussed during Formal Session, as the recommendation is for DENIAL.
The City Attorney distributed the Street Closure Ordinance, as it was not included in City Council 's package
ITEM # 46631
,1.6.
Application of JAMES M. ARNHOLD for the enlargement ora
nonconforming use on Lot 3, Block B, Chesapeake Bay Shores
(2414 Spinaker Court), re demolition of the existing two-story
townhouse and replacement by constructing a larger three-story
townhouse, containing 3, 316. 2 square feet. (L YNNHA VEN -
DISTRICT 5)
Council Lady McClanan will vote NAY on this item.
ITEM # 46632
J. 7. RECONSIDERATION: Changes of Zoning District Classifications
(BEACH - DISTRICT 6) lost to negative vote March 7, 2000:
COLLETT PROPERTIES, INC., and COLLETT
CHESAPEAKE PARTNERS, L.L.C. from B-2 Communi_ly
Business District to Conditional B-2 Community Business
District at the Southeast intersection of Virginia Beach
Boulevard and Parker Lane, containing 3.481 acres.
bJ
COLLETT PROPERTIES, INC.,from I-1 Industrial District to
Conditional B-2 Community Business District on the East side of.
Parker Lane, beginning 150feet more or less South of Virginia
Beach Boulevard, containing 9. 545 acres
This item shall be discussed during FORMAL SESSION.
May 23, 2000
- 12-
AGENDA RE VIE W SESSION
ITEM # 46633
K. 8. Application of WA WA, INC. For a Conditional Use Permit for
automobile services (fuel sales) in conjunction with a
convenience store located at the southwest corner of Rosemont
Road and Sentara Way, containing 1.88 acres. (ROSE HALL -
DISTRICT 3)
Council Lady McClanan expressed concern relative the landscaping in the Rosemont area. Attorney Edward
Bourdon has assured Council Lady McClanan the applicant shall adhere to the landscaping agreed upon.
ITEM # 46634
BY CONSENSUS, the following items shall compose the PLANNING B Y CONSENT AGENDA.
Application of CAVALIER GOLF AND YACHT CLUB for the
discontinuance, closure and abandonment of a portion of
Cardinal Road beginning at the northern boundary of Starling
Court and running northwesterly to its terminus, containing 1.78
acres. (L YNNHA VEN- DISTRICT 5)
Application of JERROLD L. MILLER for a Variance to the
Subdivision Ordinance that all lots must meet the requirements
of the Comprehensive Zoning Ordinance (CZO) at 1242 North
Inlynnview Road re reducing the width of an existing lot.
(L YNNHA VEN- DISTRICT 5)
Application ofBRENDA CUFFEE and ALBERT ROWSEY for
a Variance of the Subdivision Ordinance re all lots have access
to a public street at Lots 43A and 44A on the north side of
Alberthas Drive. (L YNNHA VEN- DISTRICT 5)
Application of MIL TON A. PALMER, SR., for an expansion o.f
a nonconforming use at 309 Shipps Lane, containing 9,900
square feet. (BEACH - DISTRICT 6)
Application of JAMES M. ARNHOLD for the enlargement ora
nonconforming use on Lot 3, Block B, Chesapeake Bay Shores
(2414 Spinaker CourO, re demolition of the existing two-story
townhouse and replacement by constructing a larger three-story
townhouse, containing 3, 316.2 square feet. (L YNNHA VEN -
DISTRICT 5)
Application of WA WA, INC. For a Conditional Use Permit for
automobile sen, ices (fuel sales) in conjunction with a
convenience store located at the southwest corner of Rosemont
Road and Sentara Way, containing 1.88 acres. (ROSE HALL -
DISTRICT 3)
Application of SPIRIT RENT A CAR, INC., dba CARTEMPS
USA for a Conditional Use Permit for a motor vehicle rental on
the east side of South Independence Boulevard, north of Bonney
Road Relocated (116 South Independence Boulevard, Suite
#104), containing 4.35 acres. (ROSE HALL - DISTRICT 3)
Application of JOHN DAVID VOGEL for a Conditional Use
Permit for a recreational facility of an outdoor nature (corn
maze) on the north side of London Bridge Road, east of Country
Manor Lane (2400 London Bridge Road), containing 10 acres.
(BEACH- DISTRICT 6)
May 23, 2000
-13-
AGENDA RE VIE W SESSION
ITEM # 46634 (Continued)
.I11. Application of CAPE HENRY COLLEGIATE SCHOOL for a
Conditional Use Permit for the expansion ofa private school at
the southeast intersection of Mill Dam Road and Woodhouse
Road (1320 Mill Dam Road), containing 29.502 acres.
(L YNNHA VEN- DISTRICT 5)
J12. Application of the CITY OF VIRGINIA BEACH to AMEND ~
401 of the City Zoning Ordinance (CZO) re permitted uses
(recreational and amusemen0 in the AG-1 and AG-2
Agricultural Districts.
Item ,1. 5. will be DEFERRED INDEFINITEL Y, B Y CONSENT.
Item J. 6. Council Lady McClanan will vote a VERBAL NAY.
May 23, 2000
- 14-
CITY COUNCIL COMMENTS
5:25 P.M.
ITEM # 46635
Vice Mayor Sessoms referenced concerns relative signs for the strawberry farms. For many years, residents
have been following direction signs for strawberry picking. The City staff has conformed to the directions
of City Council by picking up these signs which they deemed illegal.
Vice Mayor Sessoms did not believe it was the intent of City Council for these farmers to be cited because
of these temporary signs which have existed for many years during certain seasons. Vice Mayor Sessoms
believes the agriculture community, with the assistance of Louis Cullipher, Director - Agriculture, could
address specific recommendations relative this concept. As the Strawberry Festival, is scheduled for this
weekend (May 28-29, 2000), these meetings of representatives could be scheduled after this major event.
Councilman Baum advised the City staff, because of citizen complaints, had to enforce the regulations in the
rural areas.
Mayor Oberndorf referenced calls of concern from a farmer, Mr. Barker.
B Y CONSENSUS, City Council concurred representatives of the rural community with the assistance of
Louis Cullipher, Director - Agriculture, shall prepare recommendations concerning temporary signs and
forward to the City Council within 30 days. In the interim, the staff is requested not to remove these
temporary signs in he rural area.
May 23, 2000
- 15-
ITEM # 46636
Mayor Meyera E. Oberndorf called to order the INFORM,IL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 5.'35
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks
and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
May 23, 2000
-16-
ITEM # 4663 7
Vice Mayor Sessoms, entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion , consideration 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:
Boards and Commissions:
Arts and Humanities Commission
Hampton Roads Planning District Commission
Hampton Roads Transportation District
Minority Business Council
Social Services Board
Annual Review of Council Appointees.
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition of
publicly-held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.1-344(A)(3).
To- Wit Agricultural Reserve Program - Princess Anne District (2 parcels)
Property Acquisition - Lynnhaven District
Centerville Distirct
LEGAL MA TTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, where such consultation or briefing in open meetings would
adversely affect the negotiating or litigatingposition of the public body and
consultation with legal counsel employed or retained by a public body
regarding specific matters requiring the provision of legal advice by such
counsel pursuant to Section 2.1-344(A)(7).
Jim Salmons t/a Salmons Farms v. City of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into
CLOSED SESSION.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and
Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
(Time of Closed Session: 5:35 P.M. to 6:18 P.M.)
May 23, 2000
-17-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
May 23, 2000
6:20 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 23, 2000, at 6.'20 P.M.
Council Members Present:
John `4. Baum, Linwood O. Branch, III,, Margaret L. Eure, William 14/.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William
D. Sessoms, Jr. and,4. M. "Don" Weeks
Council Members ,4bsent:
None
INVOCATION: Council Member Louis R. Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia 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 Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
4, 2000, is hereby made apart of the record.
Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of
General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order of the Eastern
Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron
and is hosting approximately 2,500 attendees.
May 23, 2000
Item V-E.
- 18-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 46638
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE
CLOSED 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 Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 4663 7, 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 Closed 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 Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
l~uth Hodges S~mith, MMC
City Clerk
May 23, 2000
- 19-
Item V-F. 1.
MINUTES
ITEM # 46639
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of May 9, 2000.
Vo ting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-G.I.
- 20-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 46640
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
The following shall be ADDED TO THE AGENDA:
Resolution authorizing and directing the City Manager and City Attorney
to take any and all actions necessary to upgrade the quality of conditions
at the Resort Area; and, help City Council achieve its goal of developing
the City into a World-Class Resort destination.
May 23, 2000
Item V-G. 2.
- 21 -
PRESENTATION
ITEM # 46641
Mayor Oberndorf recognized the following Boy Scout in attendance to earn his civic badge:
lan $carboough
May 23, 2000
- 22 -
V-H. 1.
PUBLIC HEARING
ITEM # 46642
Mayor Oberndorf DECLARED .4 PUBLIC HEARING:
S,4LE OF EXCESS CITY OWNED PROPERTY- FOX FIRE SUBDIVISION
The following registered to speak and registered concern relative the City selling the property to only
twenty-four (24) landowners as stipulated rather than all thirty-one (31) owners of the lots adjacent to the
City property:
Frank Gillikin, 2756 Renaissance Way, Phone: 427-3242, represented the land owners
Margaret Sullivan, President- Foxfire Civic League, 2744 Renaissance Way, Phone: 426-0662
Doug Hovermace, 2311 Esplanade Drive, Phone: 430-0668
Peter Snyder, 2760 Renaissance Way, Phone: 427-9641
Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 23, 2000
- 23 -
V-I.
ORDINANCES/RESOL UTIONS
ITEM # 46643
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED, BY
CONSENT, Items 1 (DEFERRED), 2, 4, 6, 7 and 8 of the CONSENT AGENDA.
Item 1 was DEFERRED, BY CONSENT, until the City Council Session of June 6, 2000.
Item 3 was REMOVED, BY CONSENSUS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NA Y ltem 8.
May 23, 2000
- 24 -
VJ. 1.
ORDINANCES/RESOL UTIONS
ITEM # 46644
The Property shall only be conveyed to 24 land owners rather than the 31 owners who had petitioned the
City to purchase this property. The City Manager advised the areas adjacent to seven of the lots nearest the
City Park are not recommended as EXCESS to keep the public area as large as possible and to provide
access to this public area from Esplanade Drive. The residents have been maintaining these areas as part
of their yards.
Council Lady Henley believed these properties should be incorporated immediately into the park, so these
concerns relative overgrown areas not continue to be a problem.
This DEFERRAL will enable response by Parks and Recreation Staff who were not in attendance.
Information relative the acreage of the Park, the cost of the excess property and regular maintenance of
the property nearest to the City Park shall be provided.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED, until
the City Council Session of June 6, 2000:
Ordinance DECLARING certain City right-of-way EXCESS property
at Fox Fire subdivision and AUTHORIZING the City Manager to
convey same to the adjacent twenty-four (24) property owners, (value of
the property to be determined by fair market value appraisal); the City
shall retain the right to reserve a 20' drainage and utility easement.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood 0. Branch, III, Margaret L. Eure, William
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
V-I.2.
ORDINANCES/RESOL UTIONS
- 25 -
ITEM # 46645
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
L YNNHA VEN PARKWA Y, PHASE IX:
Resolution re a location, design Public Hearing to request the
Virginia Department of Transportation (VDOT) place the aerial
utilities underground with this project.
Ordinance to AUTHORIZE advance acquisition of property in
fee simple for right-of-way, by purchase or condemnation, for
this project.
Ordinance to ESTABLISH the right-of-way between Lishelle
Place and Holland Road as an underground utility corridor.
AUTHORIZE the Director of Public Works to execute all
necessary documents for this project.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
RESOLUTION FOR LOCATION AND DESIGN
PUBLIC HEARING APPROVAL: LYNNHAVEN
PARKWAY, PHASE IX
WHEREAS, a Location and Design Public Hearing ("Public Hearing") was conducted on
November 17, 1999, in the City of'Virginia Beach by representatives o£the City of Virginia Beach,
after due and proper notice, for the purpose of considering the proposed location and design of
Lynnhaven Parkway, Phase IX, CIP # 2-157, (VDOT Project # U000-134-V32) (the "Project") in
the City of Virginia Beach, at which drawings and other pertinent information were made available
for public inspection in accordance with state and £ederal requirements;
WHEREAS, all persons and parties in attendance were afforded full opportunity to
participate in said Public Hearing;
WHEREAS, representatives of the Virginia Department of Transportation were present and
participated in said Public Hearing;
WHEREAS, the Council had previously requested the Virginia Department of'
Transportation to program this Project;
WHEREAS, the City of Virginia Beach has, on this date, passed an ordinance designating
Lynnhaven Parkway between Lishelle Place and Holland Road as an underground utility corridor
and providing that all new utility facilities installed within the Lynnhaven Parkway right-of-way
shall be placed underground; and
WHEREAS, the Council has considered all such matters.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The location and major design features of this Project, as presented at the Public
Hearing, are hereby approved;
2. The Virginia Department of Transportation is hereby requested to acquire all rights-
of-way necessary for this Project, and to convey said fights-of-way to the City at the appropriate
time;
3. The Virginia Department of Transportation is hereby requested to place the aerial
utilities underground with this Project; and
4. The Director of Pubic Works is hereby authorized to execute, on behalf of the City
of Virginia Beach, all necessary utility agreements required in conjunction with acquiring such
rights-of-way.
I~lay Adopted by the Council of the City of Virginia Beach, Virginia, on this__23 day of
,2000.
CA7709
F:\DatakATYkOrdinkNONCODE\Lynnhaven Pkwy Phase IX.res.wpd
R-4 - May 15, 2000
APPROVED AS TO CONTENTS:
if~bepari~m~
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney s Office~)
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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 OR CONDEMNATION
WHEREAS, on February 10, 1998, City Council adopted a resolution requesting the
Virginia Department of Transportation to shift the alignment to the west to design and construct this
project;
WHEREAS, the additional design for dual left lanes on Lynnhaven Parkway at South
Lynnhaven Road intersection severity impacted Parcel "EI" (801 Kimbleton Court) owned by Debra
E. Morelli and Parcel "EJ" (800 Kimbleton Court) owned by Louis H. and June Klag (the
"Owners");
WHEREAS, Virginia Code § 33.1-91 authorizes the acquisition of these parcels because the
damage to the parcels will approximate the value of the property;
WHEREAS, the Owners have requested the City to acquire (Total takes) of their property
with this project;
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 project and intersection improvements
and the acquisition of these parcels, in order 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 by purchase or condemnation,
pursuant to §§ 15.2-1901 et seq., Code of Virginia of 1950, as amended of all that certain real
property in fee simple known as Parcels "EI" and "EJ" as shown on the Location Map entitled,
"LOCATION MAP FOR LYNNHAVEN PARKWAY, PHASE IX, 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 Virginia Beach, to the extent that funds are available, a reasonable offer to the
Owners or persons having an interest in the property. If refused, the City Attorney is hereby
authorized to institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day
! of May
., 2000.
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CA7710
F :~DataLATY~Ordin\NONCODE~imbleton Court.ord.wpd
May 10, 2000
R-1
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL SUFFICIENCY
AND FORM
City Attorney's Office
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AN ORDINANCE TO ESTABLISH THE LYNNHAVEN PARKWAY
RIGHT-OF-WAY BETWEEN LISHELLE PLACE AND HOLLAND
ROAD AS AN UNDERGROUND UTILITY CORRIDOR
WHEREAS, the Lynnhaven Parkway Phase IX Project, CIP # 2-157 (the "Project"), has
been approved by City Council in order to widen the current section of roadway between Lishelle
Place and Holland Road;
WHEREAS, the City of Virginia Beach also wishes to improve the safety and aesthetics of
the Project limits;
WltEREAS, City Council previously requested the Virginia Department of Transportation
to program this Project into its Six-Year Improvement Plan;
WHEREAS, the Virginia Department of Transportation has adopted a policy to pay 50%
of the additional costs to relocate existing overhead private utility lines underground, which requires
the City to adopt an ordinance to establish the limits of underground utility districts, corridors or
areas;
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15 WHEREAS, City Council has already enacted requirements through the City's site plan and
16 subdivision ordinances that require new development to place new utility lines underground; and
17 WHEREAS, City Council has appropriated sufficient funding, through the City of Virginia
18 Beach Capital Improvement Program, to pay the City's share of the estimated cost to relocate
19 existing overhead utility lines underground.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 1. The Lynnhaven Parkway right-of-way between Lishelle Place and Holland Road is
23 hereby designated as an underground utility corridor and all new utility facilities installed within the
24 Lynnhaven Parkway right-of-way shall be placed underground; and
25 2. The Director of Public Works is hereby authorized to execute an agreement with the
26 Virginia Department of Transportation and the utility owners within the Lynnhaven Parkway right-
27 of-way for the necessary utility relocations.
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29 of I, layAdopted by the Council of the City of Virginia Beach, Virginia, on this __ day
,2000.
30 CA7711
31 F:\Data\ATY~Ordin\NONCODE\Underground Utility Corridor. ord.wpd
32 May 15, 2000
33 R-2
34 APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL
35 ~ STFiCiENCY: /t~~
3t5 /~_.~..._~
37 t~ty Attorney s Office
/$~Department Works
LYNNH^~
LOCATION MAP
SCALE: 1" -- 2,640'
(801
(800
Denotes displacements of
homes at project cost
Denotes homes at 801 and
800 Kimbleton Court
LOCATION MAP
LYNNHAVEN PARKWAY
CIP -//'2-157
SCALE: 1" -- 900'
FOR
PHASE IX
PREPARED BY PM/ ENG. DRAFT. 1/1598
REVISED 12/17/98, 3/21/00
PROJECT LOCATION AND DESIGN
RESOLUTION
WHEREAS, a Citizen Information Meeting was conducted Au~tst 14, 1996 in the
City of Virsinia Beach by representatives of the Viq~inia Department of Transportation after
due and proper notice for the purpose of oonslderin8 the proposed improvements to
Lynnhaven PmJcway, Plmse IX, VDOT Project # U000-134-V32, (CIP 2-157) in the City of
Virginia Beac~ at which drawings and other pertinent information were made available' for
public.review; end
WHEREAS, all persons and parties in attendance were afforded full opportunity to
participate in said Citizen Information Meetins; and representatives of the Virginia
Department of. Transportation were present and participated in said meetins; and
WHEREAS, the City Council has considered ail such matters; now
THEREFORE, BE IT RESOLVED that the Council of the City of Virginia Beach
requests the Virsinia Department of Transportation pursue the attached design "Option C"
of Lynnhaven Parkway that removes as many residential driveway conflicts as possible.
Adopted this to day of Februa, rl~998, City of Virginia Beach, Virginia.
ATYEST:
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APPROVED A3 TO
LEGAL SUFFIC
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V-I. 3.
ORDINANCES/RESOL UTIONS
ITEM # 46646
BY CONSENSUS, City Council REMOVED FROM THE AGENDA:
Ordinance to AMEND 3~ 7-50 of the City Code by adding a provision
pertaining to the operation of four-wheeled bicycles in the resort area
(April 15 thru September 30).
This item will be REMOVED from the Agenda and SCHEDULED for a future City Council Session. The City
Staff shall comprehensively review this Ordinance, encompassing the hours of operation, regulation of the
number allowed for rental, abuse by renters and the various locations where these particular bicycles may
be operated.
May 23, 2000
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V-L4.
ORDINANCES/RESOL UTIONS
ITEM # 4664 7
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ABOLISH the Erosion Commission and REPEAL o6 6 -
161 through ~ 6 - 165 of the Code of the City of Virginia Beach; and,
ESTABLISH the Beaches and Waterways Advisory Commission as the
successor to terminate 30 June 2005
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William VK.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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AN ORDINANCE TO ESTABLISH
THE BEACHES AND WATERWAYS
ADVISORY COMMISSION
WHEREAS, on several occasions during the past few years,
members of City Council have suggested that it would be beneficial
to establish a separate Council-appointed agency to advise the
Council on policy and program issues related to the City's beaches
and waterways;
WHEREAS, in furtherance of this suggestion, the City
Manager appointed a policy development group to evaluate the
advantages and disadvantages of such an agency, identify
alternative courses of action, and make recommendations regarding
the course of action it deemed to be in the best interests of the
City; and
WHEREAS, in a Policy Report presented to City Council, as
well as a Council briefing held on April 25, 2000, the policy
development group recommended the establishment of a new Council-
appointed commission whose purpose would be to serve as a successor
to the Erosion Commission, to review beach and waterway-related
issues referred to it by City Council, and to make recommendations
to City Council regarding such issues.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby abolishes the Erosion
Commission.
2.
That §§ 6-161 through 6-165 of the Code of the City
of Virginia Beach pertaining to the Erosion Commission are hereby
repealed.
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Waterways Advisory Commission
That City Council hereby establishes the Beaches and
the '~Commission") as the successor
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4. That the Commission shall be comprised of seven (7)
members, with one (1) member being appointed by City Council from
the residents of each of the City's seven (7) election districts.
5. That the initial terms of the members appointed from
the Bayside, Beach and Centerville districts shall be for three (3)
years; the initial terms of the members appointed from the
Kempsville and Lynnhaven districts shall be for two (2) years; and
the initial terms of the members appointed from the Princess Anne
and Rose Hall districts shall be for one (1) year. Thereafter, the
terms of all such members shall be for three 3)years.
6. That the purpose of the Commission shall be to serve
in an advisory capacity to City Council with respect to beach and
waterway-related issues. Specifically, in furtherance of said
purpose, it shall be the responsibility of the Commission:
a. To review issues referred to it by City Council
concerning access to, and the preservation, development and use of,
the City's beaches and waterways, and to make recommendations to
City Council regarding such issues; and
b. To serve as the City's local erosion advisory
commission and carry out the responsibilities imposed on such local
commissions pursuant to § 10.1-711 of the Code of Virginia.
7. That the Commission shall be governed by its bylaws,
a copy of which is attached hereto as Exhibit A, and incorporated
by reference.
8. That the Commission shall terminate automatically at
midnight on June 30, 2005, unless terminated or extended by City
Council prior to that date.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23 day of May , 2000.
CA-7707
ORDIN~NONCODE~BEACHES & WATERWAYS.ORD
R7
05~16~2000
EXHIBIT A
BYLAWS
BEACHES AND WATERWAYS ADVISORY COMMISSION
ARTICLE I
NAME
The name of the commission shall be the Beaches and Waterways Advisory Commission.
ARTICLE II
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PURPOSE
The purpose of the Commission shall be:
To review issues referred to it by City Council concerning access to, and the preservation,
development and use of, the City's beaches and waterways, and to make recommendations
to the City Council regarding such issues.
To serve as the City's local erosion advisory commission and carry out the responsibilities
imposed on such local commissions pursuant to § 10.1-711 of the Code of Virginia.
ARTICLE III
MEMBERS
Section 1. Number. The Commission shall be comprised of seven (7) members, with one (1)
member being appointed by City Council from the residents of each of the City's seven (7) election
districts.
Section 2. Term. The initial terms of the members appointed from the Bayside, Beach and
Centerville districts shall be for three (3) years; the initial terms of the members appointed from the
Kempsville and Lynnhaven districts shall be for two (2) years; and the initial terms of the members
appointed from the Princess Anne and Rose Hall districts shall be for one (1) year. Thereafter, all
members shall be appointed for a term of three (3) years. In accordance with § 2-3 of the City Code,
no member shall be appointed to serve more than three (3) consecutive three-year terms. All initial
appointments shall commence on the same date.
Section 3. Qualifications. Each member must be a resident of the district from which he or she
is appointed. The appointees shall have knowledge and experience concerning beach and waterway-
related issues.
Section 4. Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote
of the Commission and shall serve for a term of one (1) year. The Chair (or Vice-Chair in the
Chair's absence) shall preside over all meetings of the Commission. The Chair and Vice-Chair may
be re-appointed for additional terms.
Section 5. Attendance. Attendance records shall be kept at each meeting of the Commission and
an annual report of the attendance of the members shall be filed with the City Clerk by June 30 of
each year for review by City Council. No member shall accumulate an annual total of more than
three (3) absences (or be absent from more than one-fourth of the total number of meetings). If this
limitation is exceeded for reasons other than personal illness, death, or other unusual circumstances,
the appointment shall be terminated automatically, or as otherwise prescribed by law. Members
shall be paid $50.00 for each meeting attended.
Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, or
otherwise shall be filled by City Council for the unexpired term thereof, or in the case of an
expiration, for three (3) years, within thirty (30) days of said vacancy.
ARTICLE IV
MEETINGS
Section 1. Regular meetings. The Commission shall meet at least once a month at a time and
location to be determined by the Chair upon consultation and coordination with the other members.
Section 2. Special meetings. A special meeting may be called by the Chair or three (3) members
of the Commission, or may be convened by City Council, to consider any matter that, in the
determination of the Chair, the members, or the City Council, needs to be addressed prior to a
regular meeting.
Section 3. Requirements. A majority of Commission members shall be present in order for any
official action to be taken. All actions of the Commission shall be conducted at a regular or special
meeting and shall require a majority vote of those members present.
ARTICLE V
REPORT__S
Section 1. Annual report. Within forty-five (45) days of the end of the fiscal year, the
Commission shall prepare, and submit to City Council, an annual report of its activities,
recommendations, and proposals, including a financial statement, if applicable. Interim reports to
City Council may be provided when deemed appropriate or necessary by the Commission or the
Council.
Section 2. Requirements. All reports shall be approved by a majority of the members of the
Commission. In any report to the Council, the Commission shall identify any conflicts that its report
may have with the proposals and/or recommendations of other City agencies.
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ARTICLE VI
COORDINATION
Section 1. City departments. The CommiSsion shall work with and through the Department of
Public Works (the "Department") which shall, in close cooperation with the City Manager's Office,
be responsible for coordinating the efforts of the Commission with other City departments, boards,
and commissions to (1) ensure that there is no unnecessary duplication of efforts; (2) enable the
Commission to review the proposals and recommendations of such other City departments, boards
and commissions for compatibility (or incompatibility) with Commission objectives; and (3) enable
such other City departments, boards and commissions to review and provide comments on
Commission-generated proposals and recommendations.
Section 2. Other agencies. The Commission and the Department shall make a special effort to
establish open lines of communication with other agencies involved in the review of beach and
waterway-related issues.
ARTICLE VII
.COMMITTEE~q
The Chair of the Commission shall have the authority to appoint committees, comprised of
members of the Commission and non-members with special expertise, to study and review specific
areas of concern and to report back to the full Commission for such action as the Commission may
deem appropriate. '
ARTICLE VIII
.AMENDMENTS
No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective
without the prior consent of' City Council.
ARTICLE IX
TERMINATION
The ConunisSion shall terminate automatically at midnight on June 30, 2005, unless
terminated or extended by City Council prior to that date.
These Bylaws [as amended] are hereby adopted as of this day of ,2000, by
the Council of the City of Virginia Beach, Virginia. ~ -
F:~DataLa'TY~Ordin\NONCODE~B&W Bylaws-4-2000.wpd
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- 28 -
ORDINANCES/RESOL UTIONS
ITEM # 46648
Attorney R.E. Bourdon, Pembroke one, Fifth Floor, Phone: 499-8971, advised the application is only
relative two (2) security gates, which traverse the applicant 's property. These portions of the alley will be
for pedestrian access. This application does not refer to the alley which separates Mr. Rodio 's property
to the north.
The following registered in OPPOSITION:
Chester Rodio, 206 16th Street, Phone: 428-0048, owner of parcel of property from Atlantic Avenue down
16th Street, comprising approximately 200feet.
Joseph W. Cotton, 3952 Oak Ridge Circle, Phone: 428-2930
Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into a portion of
city owned right-of-way (20' alley) at 1500 Atlantic Avenue for
EWALBE, L.L.C. re two (2) security gates; and, authorize the City
Manager to execute the necessary documents.
The following conditions shall be required.':
The temporary encroachment shall 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's specifications and approval as to size, alignment and
location.
The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such
notice is given, the temporary encroachment must be removed
from the encroachment area by the applicant and the applicant
will bear all costs and expenses of such removal.
The applicant shall indetnnify and hold harmless the City, 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 the temporary encroachment.
No permission or authority is given to the applicant 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 any one other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
Requests for exceptions must be submitted to the Highway
Operations Division, Department of Public Works for final
approval.
The applicant must obtain a permit from the Office of
Development Services Center/Planning Department prior to
commencing any construction within the encroachment area.
Prior to issuance of a right-of-way permit, the applicant must
post sureties, in accordance with their engineer's cost estimate,
to the Office of Development Services Center/Planning
Department.
May 23, 2000
V-L$.
ORDINANCES/RESOL UTIONS
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ITEM # 46648 (Continued)
The applicant must obtain and keep in force all-risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additionally named insured or loss payee, as applicable.
The applicant also agrees to carry comprehensive general
liability insurance in an amount not less than $500,000,
combined single limits of such insurance policy or policies. The
applicant will 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 all responsibilities and
liabilities, vested or contingent, with relation to the temporary
encroachment.
10. The temporary encroachment must conform to the minimum
setback requirements, as established by the City.
11. The city, upon revocation of such authority and permission so
granted, may remove the 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 the temporary
encroachment; and pending such removal, the city may charge
the applicant for the use of the encroachment area, 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 ordered herein above
by the Agreement, the city may impose a penalty in the sum of
One Hundred Dollars (MOO) per day for each and every day that
the temporary encroachment is allowed to continue thereafter
and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyers E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
This item was MOVED AFTER the Planning Application of Charles G. & Susan L. Barker (Item J. 2.), in
order for the Attorney and the registered speakers to confer relative clarification of the item.
May 23, 2000
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF A 20' ALLEY BY
EWALBE, L.L.C., ITS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, EWALBE, L.L.C., desires to construct and maintain security gate
and walkway into the City's right-of-way known as a 20' alley located in Block "B" at 1500
Atlantic Avenue.
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, 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 15.2-2107, Code of Virginia, 1950, as amended EWALBE, L.L.C. its heirs, assigns
and successors in title is authorized to construct and maintain a temporary encroachment for
two security gates in the City's right-of-way as shown on the map entitled: "CONCEPT
PLAN OF AMUSEMENT PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1" -
20" DATE-I'16'2000", a copy of which is attached; 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 EWALBE, L.L.C., (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.
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BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as EWALBE, L.L.C. and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23
day of ~Y ., 2000.
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PREPARED: April 20, 2000
APPROVED AS TO CONTENTS
SIGNATURE
EPARTMENT
APPROVED AS TO LEGAL
CITY ATTORNEY
2
TE
LOCATION I~AP
LOCATION /VlAP FOR RIGHT OF WAY ENCROACHMENT
FOR EWALBE L.L.C. FOR ^ SECURITY FENCE IN THE
20' ALLY AT THE PROPOSED
AMUSEMENT PARK AT 15th STREET
SCALE: 1" = 200'
PlTFPAI~I::FI RV PRAt I::kff':. rtPAL-I' "1 In nn
PREPARED BY VIRGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(a)(3)
AND 58. 1-811 (c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this i['' day of ,PIpiti [ ,20 ~, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and EWALBE, LLC ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Amusement Park ~ 15TM Street" and being further designated and
described as LOTS 7 TO 14 BLK B. 1500 Atlantic Avenue. LOTS 15 TO 22 BLK B' Virginia
Beach, Virginia 23451; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain two
security gates and pedestrian walkway, "Temporary Encroachment", in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as a 20'
Alley "The Temporary Encroachment Area"; and the Grantee has requested that the City permit
a Temporary Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
GPIN 2427-16-957i & 2427-16-8417
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the 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's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled: "CONCEPT PLAN OF AMUSEMENT
PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1" - 20'
' DATE = 1'16'2000", a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses'of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, 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 the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the 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
Grantee.
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It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. The Grantee will 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 Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
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cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee; and if such removal shall not be made within the time ordered herein above by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day that the Temporary Encroachment is allowed to continue thereafter,
and may collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said EWALBE, LLC has caused this Agreement to
be executed in its corporate name and on its behalf by its managing partner, and its corporate seal
to be hereto affixed and duly attested by its corporate secretary with due authority by its board
of directors. Further, that the City of Virginia Beach has caused this Agreement to be exocuted
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
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
EWALBE, LLC
Edward A. Tebele
Managing Partner
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
wi
The foregoing instrument was
ackno edged before me this _ day of l
,20 , by , CITY MANAGER/AUTHORIZED
DESIGNEE OF THE CITY MANAGER.
My Commission Expires:
Notary Public
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STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
BEACH.
The foregoing instrument was acknowledged before me this day of
,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY/OI3[I~'x~,' OF VIRGINIA BEACH , to-wit:
April
LLC.
The foregoing instrument was acknowledged before me this 1 l th day of
2000, by EDWARD A. TEBELE, MANAGING PARTNER on behalfofEWALBE,
My Commission Expires:
August 31, 2002
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
CITY REAL ESTATE AGENT
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V-I. 6.
ORDINANCES/RESOL UTIONS
ITEM # 46649
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $3,159 from the FY 2000 General Fund
Reserve for Contingencies to the operating budget of the Department of
Housing and Neighborhood Preservation to reimburse a city employee
for legal fees and expenses incurred during the performance of official
duties.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
OF $3,159 FROM THE FY 2000 GENERAL FUND
RESERVE FOR CONTINGENCIES TO THE FY 2000
OPERATING BUDGET OF THE DEPARTMENT OF HOUSING
AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE
OF REIMBURSING A CITY EMPLOYEE FOR LEGAL FEES
AND EXPENSES
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WHEREAS, an employee of the Department of
Neighborhood Preservation was charged with assault
arising out of the performance of her official duties;
WHEREAS, at a trial held in the Virginia Beach General
District Court on January 31, 2000, the charge was dismissed;
WHEREAS, in her defense of said charge, the employee incurred
legal fees and expenses in the amount of $3,159, and has requested
the City to reimburse her for such fees and expenses;
WHEREAS, Section 15.2-1521 of the Code of Virginia provides
that "[i]f any officer or employee of any locality is investigated,
arrested or indicted or otherwise prosecuted on any criminal charge
arising out of any act committed in the discharge of his official
duties, and no charges are brought, or the charge is subsequently
dismissed, or upon trial he is found not guilty, the governing body
of the locality may reimburse the officer or employee for
reasonable legal fees and expenses incurred by him in defense of
the investigation or charge, the reimbursement to be paid from the
treasury of the locality"; and
WHEREAS, the City Attorney's Office has reviewed the
circumstances of this case, assessed the itemized bill submitted by
the employee's legal counsel, and determined that the legal fees
and expenses incurred by the employee are reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $3,159 are hereby transferred from
the FY 2000 General Fund Reserve for Contingencies to the FY 2000
Housing and
for actions
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Operating Budget of the Department of Housing and Neighborhood
Preservation for the purpose of reimbursing a City employee for
legal fees and expenses incurred by her in her defense of a
criminal charge brought against her arising out of the performance
of her official duties.
Adopted by the City Council of the City of Virginia Beach on
this 23 day of May , 2000.
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CA-7623
DATA/ORDIN/NONCODE/Employee Reimbfee.ORD
May 15, 2000
R2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL.
SUFFICIENCY:
- 31 -
V-L 7.
ORDINANCES/RESOL UTIONS
ITEM # 46650
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER and APPROPRIATE $660,535 from the
General Fund Reserve for Contingencies to the FY2000 Virginia Beach
Court Service Unit operating budget re Juvenile Detention Services and
Group Home Services.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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AN ORDINANCE TO FULLY FUND REQUIRED JUVENILE
SECURE, NON-SECUREAND OUTREACH DETENTION, AND
GROUP HOME SERVICES BY TRANSFERRING
APPROPRIATIONS OF $660,535 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES TO THE FY 2000
VIRGINIA BEACH COURT SERVICE UNIT OPERATING
BUDGET
8 WHEREAS, uncontrollable trends will create a deficit in the
9 Virginia Beach Court Service Unit's FY 2000 Operating Budget for usage of
10 secure, non-secure and outreach detention services, and community-based
11 treatment services for juveniles under their supervision that are ordered
12 by the Virginia Beach Juvenile and Domestic Relations District Court;
13 WHEREAS, to prevent the deficit, the Virginia Beach Court
14 Service Unit has requested that City Council provide additional funding
15 in the amount of $660,535 to meet these increased needs, and
16 appropriations are available in the General Fund Reserve for
17 Contingencies to meet these needs.
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That $660,535 of previously appropriated funds are hereby
21 transferred from the General Fund Reserve for Contingencies to the FY
22 2000 Operating Budget of the Virginia Beach Court Service Unit for the
23 purpose of fully funding required juvenile secure, non-secure and
24 outreach detention, and group home services.
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26 __ day of
Adopted by the Council of the City of Virginia Beach, Virginia, on the
, 2000 .
27 Requires an affirmative vote by a majority of ~he members of City Council.
28 CA-7708
29 F:~Data~ATY~Ordin~NONCODE[group home services.ord.wpd
30 May 17, 2000
31 R-3
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33 Approved as to Content:
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36 Management Services
Approved as to Legal
Sufficiency:
City Attorney's Office
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A RESOLUTION TO TEMPORARILY CHANGE
THE LOCATION OF CITY COUNCIL
MEETINGS DUE TO PLANNED REPAIRS AND
RENOVATIONS OF THE CITY COUNCIL
CHAMBERS
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WHEREAS, Section 2-20 of the City Code provides that
"[r]egular formal meetings of the council shall be held in the
Council Chambers of the City Hall Building, Municipal Center,
Virginia Beach, Virginia, on the first and second Tuesdays of each
month at 2:00 p.m. and on the fourth Tuesday of each month at 6:00
p.m., unless such date shall fall upon a legal holiday, in which
case the meeting shall be held on the next succeeding day which is
not a holiday and at the same hour, except as otherwise provided by
special resolution of the council";
WHEREAS, the Council Chambers will be undergoing repairs
and renovations from July 15 through October 31, 2000; and
WHEREAS, these repairs and renovations will necessitate
a temporary change in the location of Council meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That due to planned repairs and renovations of the
City Council Chambers, from July 15 through October 31, 2000,
regular formal meetings of City Council shall be held in the School
Board Chambers of the School Administration Building located in the
Municipal Center at 2512 George Mason Drive;
2. That, in order to avoid a conflict with the School
Board's meeting schedule, during this same period of time, City
Council will not meet on the first Tuesday of the month; and
3. That the City Clerk is hereby directed to take
adequate measures to ensure that the general public is made aware
of these temporary changes.
- 33-
V-I. 9.
ORDINANCES/RESOL UTIONS
ITEM # 46652
Councilman Harrison referenced questions raised by the business community and if these were considered
during the formulation of this proposed Ordinance:
Page 6, Line 174 (fiat roofs and HVAC equipmenO: If the retail
establishment is within 300 feet of a public street, Item (2) in
Subparagraph (b) is fine; however, if the retail establishment is more
than 300feet from a public street, why should not this be an exemption?
Page 9, Sec. 246 (a) (2) ('Shopping Center Site LayouO. Comments have
been made as this section is too restrictive on out-parcel parking. This
green space surrounding the out-parcel may force the developers to move
their buildings all the way to the back of the lot. It leaves too much
unbuildable space on an out-parcel.
Page I0, Line 295, the parking is permitted to be reduced 4 spaces per
1,000 square feet in establishments 80, O00 feet or greater. The majority
of retailers require 5 spaces per 1,000.
Council Lady Eure advised the item relative out-parcel parking was thoroughly discussed by the Review
Committee. Representatives of the business community were in attendance. Council Lady Eure referenced
the request of Pembroke Enterprises that Malls be exempted from this ordinance. This information has been
forwarded to City Staff.
Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning
Commission. The Amendment on page 4 is extremely minor and states: " th '
... at htgh-quality design elements
not addressed by the provisions of this part shall be encouraged."
Council Lady McClanan was concerned relative positive standards being addressed for large retail
establishments. The City needs to go forward not backward.
An outline of the concerns shall be forwarded to the Planning Commission. Robert Scott, Director of
Planning, advised the concerns will be reviewed.
Upon motion by Council Lady Eure, seconded by Council Lady Parker, City Council ADOPTED, with
revisions to the proposed Ordinance:
Resolution REFERRING to the Planning Commission proposed
amendments to ~ 111 and Article Two of the City Zoning Ordinance
(CZO), establishing design and other standards for retail establishments
by no later than June 17, 2000.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William 14'.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTION 111
AND ARTICLE TWO OF THE CITY ZONING ORDINANCE,
ESTABLISHING DESIGN AND OTHER STANDARDS FOR
RETAIL ESTABLISHMENTS
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, proposed amendments to Section
111 and Article Two of the City Zoning Ordinance, establishing
design and other standards for retail establishments. A true copy
of such proposed amendments is hereto attached.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission be, and hereby is, directed to
transmit to the City Council its recommendations concerning the
aforesaid amendments by no later than June 17, 2000.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on the 23 day of May , 2000.
CA-00-7714
wmm~ordres~retailestab.res
R-1
May 16, 2000
APPROVED AS TO LEGAL
SU~ICI~. NCY ^ ~ /,
Department of Law
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AN ORDINANCE AMENDING SECTION 111 AND ARTICLE
TWO OF THE CITY ZONING ORDINANCE, ESTABLISHING
DESIGN AND OTHER STANDARDS FOR RETAIL
ESTABLISHMENTS
Section Amended: City Zoning Ordinance Section
111
Sections Added: City Zoning Ordinance Sections
243, 244, 245, 246, 247, 248 and 249
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 111 of the City Zoning Ordinance be, and hereby
is, amended and reordained, and Article 2 of the City Zoning
Ordinance be, and hereby is amended and reordained by the addition
of a new Part D thereto, consisting of Sections 243, 244, 245, 246,
247, 248 and 249, to read as follows:
ARTICLE 1. GENERAL PROVISIONS
Sec. 111.
Definitions.
Retail establishment. Any building used for the display and
sale of merchandise to the general public at retail.
Shoppinq center.
A group of two (2) or more retail or other
commercial establishments, including those located on outparcels,
having any or all of the following characteristics:
(a) The establishments are connected by party walls,
(b)
partitions, canopies or similar features;
Some or all of the establishments are located in separate
buildings which are designed as a single commercial group
sharing common parking areas and vehicular ways and which
are connected by walkways or other access ways;
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(c) The establishments are under the same manaqement or
association for the purpose of enforcinq reciprocal
aqreements controllinq manaqement or parking; or
The establishments
inteqrated fashion
are structurally
desiqned in an
around or alonq the sides of a
promenade, walkway, concourse or courtyard.
COMMENT
The CZO currently does not contain a formal definition of the term "retail establishment."
The amendment corrects that omission. The amendment also defines the term "shopping center."
ARTICLE 2.
[PART]
GENERAL REQUIREMENTS AND PROCEDURES
APPLICABLE TO ALL DISTRICTS
D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS
AND SHOPPING CENTERS
Sec. 243.
(a)
Findinqs of fact; intent.
The City Council finds that:
(1) while retail establishments, whether in the form
of sinqle establishments or shoppinq centers, are
critical to the continued economic vitality of the
City and to the well-beinq of its citizens, they
can also have siqnificant aesthetic, economic,
traffic-related and other impacts upon the
community;.
because the viability of retail establishments
depends in larqe part upon hiqh visibility from
public streets and location in busy areas of the
City, their buildinq and site desiqn has an
especially siqnificant impact upon the character
and attractiveness of the City in qeneral and its
streetscapes in particular;
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(3) the protection and enhancement of the positive
aesthetic qualities of the City, including its
commercially developed areas, has a direct and
substantial bearinq upon its continued economic
vitality, especially in liqht of the City's
reliance upon the economic benefits provided by
its tourism industry; and
(4) as noted by the Virqinia General Assembly, the
visual environment confronted by individuals in
their daily routines has a profound effect on
personal attitudes and productive capacities.
(b) It is the intent of the City Council in adopting this
Part to promote retail development which utilizes hiqh-quality
desiqn and buildinq features in such manner as to enhance the
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functional, as well as aesthetic, attributes thereof, and thereby
to protect and enhance the continued positive economic
development of the City, its businesses and its citizens.
COMMENT
This section sets forth findings of fact and the intent of the City Council in adopting the
following provisions.
Sec. 244. Applicability; rules of construction; modifications.
(a) The provisions of this Part shall apply to the
construction of new retail establishments, includinq conversions
of other uses to retail use, and to additions or expansions of
existinq retail establishments where the qross square footaqe of
floor area thereof is increased by fifty per cent (50%) or more.
(b) The requirements of this Part shall be in addition to
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all other applicable ordinances, requlations and requirements,
and to the extent that any provision of this Part conflicts with
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any other ordinance, requlation or requirement, the provision of
this Part shall control.
(c) The use of the word "shall" denotes a mandatory
requirement. The use of the word "should" denotes a voluntary
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provision; provided, however, that when any proposed retail
establishment or shoppinq center requires the approval of the
City Council, whether by rezoninq, conditional zoninq or
conditional use permit, the City Council shall, in determininq
whether or not to qrant such approval, consider the extent to
which the proposed retail establishment or shoppinq center
conforms to the voluntary provisions of this Part; and provided
further, that hiqh-quality desiqn elements not addressed by the
provisions of this Part shall be encouraqed.
(d) The Planninq Director is hereby authorized to allow
modifications of the requirements of this Part where such
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modifications:
(1) are demonstrably necessary by reason of the
unusual shape, size, configuration or other site
conditions of the property on which a retail
establishment or shopping center is souqht to be
located; and
(2) do not substantially reduce the overall quality of
the proposed development.
Nothinq in this section shall impair the riqht of any
proper party to apply to the Board of Zoninq Appeals
for a variance from any of the provisions of this Part.
COMMENT
(e)
The provisions of this section:
(a)
state the circumstances in which the ordinance applies;
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(b) set forth the rules for resolving potential conflicts between the provisions of the
ordinance and other provisions of the CZO;
(c)
voluntary);
distinguish the meaning of the words "shall" (i.e., mandatory) and "should" (i.e.,
(d) state that, when a proposed retail development or shopping center which requires
City Council approval, one of the factors the City Council is to consider is the extent to which the
proposed development conforms to the voluntary provisions of the ordinance;
(e) authorizes the Planning Director to modify the requirements of the ordinance under
certain specified conditions; and
(f) preserves the right of appeal to the BZA in proper cases.
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Sec. 245. Building design.
The following building design features shall apply to retail
establishments and shopping centers which are subject to the
provisions of this Part:
(a) Facades and exterior walls
(1) Building facades visible from a public street and
greater than one hundred fifty (150) feet in
length, measured horizontally, should incorporate
wall plane projections or recesses having a depth
of at least three (3) feet;
(2) Building fronts and sides of buildings oriented
toward a public street should incorporate features
such as arcades, display windows, entry areas,
false windows, awnings and similar features adding
visual interest;
(3) Facades not facing public streets should
incorporate a repeating pattern that includes
changes in color, texture and material, each of
which should be integral Darts of the building and
not superficially-applied trim, graphics, or paint.
At least one of the foregoing elements should
repeat horizontally. In addition, the structural
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(b)
(c)
or architectural bay pattern of the building should
be expressed on the exterior through the use of
reveals, projecting ribs or offsets at a minimum
depth of twelve (12) inches;
(4) Facades not visible from a public street or from a
private internal street or way used by the public
should be painted a coordinating color to
complement the front and side facades; and
(5}. In areas of the City characterized by urban-type
development, such as the Pembroke Town Center and
Oceanfront Resort Area, developers are encouraged
to reduce the footprint of large retail
establishments through the use of multiple levels.
Roofs
(1) Variations in roof lines should be accomplished
through the use of overhanging eaves, parapets, pop
outs, entrance features or height variations. The
front of the building should incorporate at least
one three dimensional feature.
Flat roofs and all rooftop equipment such as
heating, ventilation, and air conditioning (HVAC)
units shall be concealed from typical street level
view by the use of parapets or other means.
Parapets should feature three-dimensional cornice
treatment, rather than two-dimensional superficial
treatment.
Materials and Colors
(1) Exterior building materials for all portions of a
building should be of high quality and should
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(d)
exceed the level of quality required by the
Virqinia Uniform Statewide Buildinq Code.
Predominant exterior buildinq materials should
include any combination of brick, wood, stone, or
tinted and textured concrete masonry.
Smooth-faced concrete block, tilt-up concrete
panels, or pre-fabricated steel panels should be
used as exterior buildinq materials only if such
materials have been incorporated into the overall
desiqn of the buildinq and reflect an overall
appearance of hiqh quality.
Facade colors for all portions of the buildinq
should be of low reflectance and of neutral or
earth tone, rather than primary, colors. Buildinq
trim and accent areas may feature briqhter colors,
includinq primary colors.
Entry-ways
Entryway desiqn elements and variations shall provide
orientation to buildinq. Buildinqs shall have clearly
defined, hiqhly visible customer entrances, which should
incorporate two or more of the followinq features:
(2)
(3)
(4)
(5)
(6)
Canopies or porticos;
Overhanqs;
Recesses or projections;
Arcades;
Raised corniced parapets over entranceways;
Peaked roof forms;
Arches;
Outdoor patios;
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(9) Display windows;
(10) Architectural details such as tile work or moldinqs
inteqrated into the buildinq structure and desiqn;
or
(11) Inteqral landscaped areas or places for sittinq..
Outdoor Display Areas, Vendinq Machines and Ground Level
Mechanical Equipment
(1) All outdoor display areas, includinq qarden centers
and any seasonal sales, shall be enclosed on all
sides with hiqh-quality fencinq. Chain-link fences
are stronqly discouraqed. All outdoor display
areas shall be desiqnated on the site plan and
shall not extend into parkinq areas.
(2) Vendinq machines shall not be visible from a public
street. If vendinq machines are present, buildinq
facades should include an area screened from public
(3)
streets but visible to security personnel.
Mechanical or HVAC equipment shall not be installed
at qround level alonq any portion of a buildinq
facinq a public or internal street unless such
location is necessitated by the nature and desiqn
of the buildinq it serves. Such equipment shall be
screened by a solid fence or wall and native
plants, such as wax myrtle or leyland cypress,
havinq good screeninq characteristics. Shrubs shall
be at least three
at least six (6)
(3) feet hiqh, and trees shall be
feet hiqh, at plantinq. Plants
shall be spaced as directed by the City's
Landscapinq, Screeninq and Bufferinq Specifications
and Standards, be maintained at all times in qood
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condition and shall not be trimmed to a heiqht
lower than the mechanical equipment they screen.
(f) Liqhtinq
(1) Outdoor liqhtinq fixtures should be coordinated as
to style, material and color. Neutral and earth
tone colors of liqhtinq fixtures are encouraqed.
Liqhting throuqhout the site should overlap,
creatinq an even level of illumination throuqhout
the parkinq area. The use of pedestrian level
liqhtinq should be used alonq pedestrian walkways.
COMMENT
This section sets forth design standards for buildings which are subject to the ordinance.
Particular areas which are addressed include, facades and exterior walls, roofs, materials and colors,
entryways, outdoor display areas, vending machines and ground-level mechanical equipment and
lighting.
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Sec. 246. Site desiqn.
The followinq site desiqn characteristics shall apply to
retail establishments and shoppinq centers which are subject to
the provisions of this Part:
Shoppinq Center Site Lavout
(1) Buildinqs on shopping center outparcels shall be
located so as to encouraqe pedestrian traffic and
hiqhliqht architectural details of the buildinqs.
No parkinq shall be permitted on outparcel sites
between such buildinqs and public streets.
(2) Subject to the provisions of subdivision (b) (1),
shoppinq centers exceedinq five (5) acres in size,
there shall be no buildinqs, parkinq surfaces or
other above-qround improvements, except as
specified herein, within thirty (30) feet of a
public street.
in
The area within such setback shall
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(b)
contain a heavily-landscaped berm havinq a minimum
heiqht of three (3) feet measured from the level of
the abuttinq public street. The Planninq Director
may allow a reduction in setback to no less than
ten (10) feet, provided that heavy landscapinq and
other features, such as brick walls, are located so
as to reduce the visual impact of the parkinq lot
from the abuttinq public street.
Parkinq
(1) Vehicular parkinq areas should be distributed
around at least three (3) sides of retail buildinqs
in order to reduce the overall scale of the paved
(2)
parkinq surface.
Vehicular circulation systems providinq access to
parkinq areas shall be desiqned to reduce the
potential for vehicular conflicts to a minimum.
(3)
(4),
Adequate stacking for vehicles shall be provided at
the access points from parkinq areas.
The use of alternative porous pavement finishes is
encouraqed.
In order to encourage the provision of site
amenities, in any retail establishment or shoppinq
center containinq at least eiqhty thousand (80,000)
square feet of retail space, parkinq may be reduced
to one (1) space for every two hundred fifty (250)
square feet if pedestrian walkways meetinq the
requirements of subdivision (5) are provided
throuqh the parkinq area.
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(5) For any retail establishment or shopping center
containinq at least eiqhty thousand (80,000) square
feet of retail space, pedestrian walkways shall
provide access from the parkinq area to the primary
buildinq in such manner that pedestrians usinq
walkways will be required to traverse the vehicular
parkinq aisle to the minimum extent possible. Such
walkways shall be located so that no customer
entrance is farther than one hundred (100) feet
from the nearest walkway. Walkways shall be
landscaped and be readily distinquishable from
drivinq surfaces where they traverse such surfaces
throuqh the use of durable, low-maintenance surface
materials such as pavers, bricks, scored concrete
or similar architectural treatments.
(c) Buildinq Entrances.
Where possible, multiple entrances to buildinqs should be
utilized in order to reduce the walkinq distance from cars and to
facilitate pedestrian and bicycle access from public streets and
sidewalks.
(d) Pedestrian Access
(1) Sidewalks shall be located alonq public riqhts-of-
way in accordance with Department of Public Works
Enqineerinq Specifications and Standards.
(2) Connectinq internal pedestrian walkways, no less
than five (5) feet in width, shall be provided from
the public sidewalk or riqht-of-way to the
principal customer entrance of all anchor tenant
buildinqs on the site. Outparcels shall be
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(3),
(4)
connected to each other, to the main shoppinq
center and to the public sidewalk system by
pedestrian walkways. In addition, walkways shall
connect focal points of pedestrian activity such
as, but not limited to, transit stops, street
crossinqs, buildinq and store entry points, and
parkinq areas. The walkways should feature
adjoininq landscaped areas that include trees,
shrubs, benches, flower beds, ground cover or
similar materials to enhance the appearance of the
walkway areas. Such landscapinq shall be credited
toward the parkinq lot landscapinq requirements of
Section 5A of the Site Plan Ordinance. Clear siqht
lines allowinq for qood natural surveillance and
adequate liqhtinq shall be incorporated.
Landscapinq alonq the walkways shall be maintained
at no more than three (3) feet in heiqht or limbed
up to at least seven (7) feet in order to avoid
visibility obstructions.
Entrances shall include weather protection features
such as awninqs or arcades havinq a width at least
double that of the doorways over which they are
located.
All internal pedestrian walkways shall be
distinquished from drivinq surfaces throuqh the use
of durable, low maintenance surface materials such
as pavers, bricks, scored concrete or other
architectural treatments to enhance pedestrian
safety and comfort.
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(e)
(5) Provision of bicycle racks is encouraged. Bicycle
racks shall be in a well-lighted area and placed in
a location visible from the entrance and parking
area.
Central Features and Community Spaces
{1) Shopping centers and retail establishments should
offer attractive and inviting pedestrian scale
features, spaces and amenities. If served by mass
transit, transit stops and drop-off/pick-up points
shall be integrated into the site so as to provide
a hiqh degree of convenience and efficiency.
Pedestrian ways should be anchored by special
design features such as towers, arcades, porticos,
pedestrian light fixtures, planter walls or other
architectural elements that define circulation ways
and outdoor spaces.
Retail establishments containing one hundred
thousand (100,000) square feet or more of gross
square footage and shopping centers containing five
(5) acres or more of land area shall provide at
least two (2) of the following features:
(c)
(D)
(F)
Patio/seating area;
Pedestrian plaza with benches;
Window shopping walkway;
Outdoor playground area;
Kiosk area;
Water feature or stormwater management
facility with amenities such as fountains,
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benches, walking trails, pedestrian furniture
or liqhting;
(G) Clock tower;
(H) Outdoor sculpture; or
(I) Any other focal feature or amenity which, in
the judqment of the Planninq Director,
provides an equivalent benefit.
All such features and community spaces shall connect to
internal or public walkways and, if present, to the bikeway
network, and shall be constructed of materials of at least equal
quality to that of the principal materials of the buildinq and
landscape.
COMMENT
This section contains standards for site design. Particular elements which are addressed are
shopping center site layout, parking, building entrances, pedestrian access, and central features and
community spaces.
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Sec. 247. Landscapinq and bufferinq.
The followinq provisions shall be in addition to all other
City landscapinq provisions:
(a) Any loadinq dock within view of a residential, office or
apartment zoninq district or a public street shall be screened by
a landscaped berm or a solid wall with landscapinq on the outside.
(b) Sites with existing trees and veqetation alonq street
frontaqes should, where desirable, retain such features and
inteqrate them into the landscape plan for the site.
(c) To the qreatest extent possible, no less than twenty-
five per cent (25%) of trees shall be everqreen species.
(d) To the qreatest extent possible, plantinq pits shall be
backfilled with thirty-six (36) inches of topsoil to provide the
most conducive qrowinq environment for new landscape plantinq.
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(e) To the qreatest extent possible, landscape islands shall
be desiqned so that shrubs or trees are not located on the edqes
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COMMENT
This section provides for landscaping and buffering requirements for retail developments
and shopping centers. The requirements of this section are additional requirements which
supplement, rather than supplant, other City landscaping provisions.
Sec. 248. Stoz/nwater Manaqement Facilities.
(a) On-site stormwater manaqement ponds in a prominent
locatio~ should be attractively-landscaped amenities. Wetlands
benchinq, fountains, and the incorporation of walkinq trails and
pedestrian benches around the perimeter of the ponds are
encouraqed. Liqhtinq of such areas for purposes of enhancinq
safety is also encouraqed.
(b) The use of chain link fencinq to enclose stormwater
manaqement ponds is stronqly discouraged.
(c) Where feasible, stormwater manaqement systems shall
utilize existinq reqional stormwater manaqement facilities.
COMMENT
Thissectionsets~rthrecommendations~ron-sitestormwater managementponds.
Sec. 249. Siqnaqe.
(a) The style, size, color, and material of all siqns on a
shoppinq center should be coordinated to include siqns for any
outparcel development, on-site directional siqns, and siqns to be
located on buildinqs. Colors and materials should be similar to
those used on the primary buildinq or buildinqs. Siqns should be
primarily of neutral or earth-tone colors, and primary colors
should be limited to accents.
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(b) Notwithstandinq any other contrary requlation, a minimum
of seventy-five (75) square feet of shrubbery, flower beds, trees
or other plants, consisting of at least fifty per cent (50%)
evergreens, shall be required at the base of freestandinq signs
identifying shopping centers.
(c) As an alternative to the signs allowed pursuant to the
applicable zoning district regulations, buildings having facades
greater than two hundred (200) feet in lenqth may have one (1)
identification sign no larger than one (1) square foot in size for
every linear foot of facade, to a maximum of three hundred (300)
square feet, on the facade of the building havinq the greatest
length, provided that no more than three (3) other directional or
informational signs are placed on the building. Directional or
informational signs shall not exceed one and one-half (1-1/2) feet
in height and shall be limited in combined area to ten per cent
(10%) of the area of the building facade sign.
COMMENT
This section sets ~rth recommendations and requirements ~r signs. The provisions of this
section supersede other sign regulations which conflict with those of this section.
Adopted by the City Council of the City of Virginia Beach on
463 this the day of , 2000.
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CA-00-7610
wmm\ordres\retaildesignordin.wpd
R-7
May 22, 2000
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
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470
Planning Department
City Attorney
16
Item V-J.
- 34 -
PLANNING
ITEM # 46653
1. CAVALIER GOLF AND YACHT CLUB
STREET CLOSURE
2. CHARLES G. & SUSAN L BARKER
STREET CLOSURE
3. JERROLD L. MILLER
VARIANCE
4. BRENDA CUFFEE & ALBERT ROWSEY~,
VARIANCE
5. MIL TON A. PALMER, SR.
NON-CONFORMING USE
6. JAMES M. ARNHOLD
NON-CONFORMING USE
7. COLLETT PROPERTIES, INC. AND
COLLETT CHESAPEAKE PARTNERS, L.L.C.
AND,
COLLETT PROPERTIES, INC.
RECONSIDERATION
(CHANGES OF ZONING)
8. WA WA, INC.
CONDITIONAL USE PERMIT
9. SPIRIT RENT A CAR, INC.
d/b/a CARTEMPS USA
CONDITIONAL USE PERMIT
10. JOHN DA VID VOGEL
CONDITIONAL USE PERMIT
11. CAPE HENRY COLLEGIATE SCHOOL
CONDITIONAL USE PERMIT
12. CITY OF VIRGINIA BEACH
SECTION 401 CZO
Re Permitted Uses (recreational and
amusement in the AG-1 and AG-2
Agricultural Districts)
May 23, 2000
-36-
Item V-J. 1.
PLANNING
ITEM # 46655
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of CA VALIER GOLF AND YACHT CLUB for the discontinuance, closure
and abandonment ora portion of Cardinal Road:
Application of Cavalier Golf and Yacht Club for the discontinuance,
closure and abandonment of a portion of Cardinal Road beginning at the
northern boundary of Starling Court and running northwesterly to its
terminus. Said parcel is variable in width and contains 1.78 acres.
(L YNNHA VEN - DISTRICT 5).
The following conditions shah be required:
A public utilities easement, satisfactory to Public Utilities, must
be recorded to ensure that maintenance of and improvements to
utilities within the right-of-way can be achieved.
The City Attorney's Office will make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, "approved by City Council. Copies
of the policy are available in the Planning Department.
o
The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
The applicant is required to verify that no private utilities exist
within the right-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are no
private utilities within the right-of-way proposed for closure. If
private utilities do exist, easements satisfactory to the utility
company, must be provided.
Closure of the right-of-way shah be contingent upon compliance
with the above stated conditions within 180 days of approval by
City Council.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS THE NORTHERNMOST PORTION OF CARDINAL
ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED:
"PLAT SHOWING PORTION OF CARDINAL ROAD TO BE
CLOSED" DATED MAY 30, 1996, PREPARED BY GALLUP
SURVEYORS & ENGINEERS, LTD., COPY OF WHICH IS
ATTACHED HERETO AS "EXHIBIT A."
WHEREAS, on May 23, 2000, Cavalier Golf & Yacht Club applied to the
Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before
November 20, 2000;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described street be discontinued, closed and vacated, subject to certain
conditions being met on or before November 20, 2000;
That certain undeveloped street situated in the City of Virginia
Beach, Virginia, known as the northernmost portion of Cardinal
Road ("60 foot Right-of-Way"), commencing at the intersection
of Cardinal Road, Starling Court and North Oriole Drive and
running in a northerly direction through the property of the
Cavalier Golf & Country Club to the Clubhouse. Said parcel
designated as "Parcel 10" and "60 foot Right-of-Way" as shown
on that certain plat entitled 'Boundary Survey for Cavalier
Birdneck Land Corporation" recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 131, at page 24, and being 60 feet in width and
approximately 1300 feet in length, comprising 77,565 square
feet.
GPIN:
SECTION II
The following conditions must be met on or before November 20, 2000:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant
to Street Closures," approved by City Council. Copies of said policy are available in the
Planning Department.
2. The applicant is required to resubdivide the property and vacate internal
lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted
and approved for recordation prior to final street closure approval.
3. A public utilities easement, satisfactory to Public Utilities, must be
recorded to ensure that maintenance of and improvements to utilities within the right-ofway
can be achieved.
4. The applicant is required to verify that no private utilities exist within
the right-of-way proposed for closure. Preliminary comments from the utility companies
indicate that there are no other private utilities within the right-of-way proposed for closure.
If private utilities do exist, easements satisfactory to the utility company must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with
the above stated conditions within 180 days of approval by City Council. If not, the approval
will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before November 20,
2000, this Ordinance will be deemed null and void without further action by the City
Council.
2. If all conditions are met on or before November 20, 2000, the date of
final closure is the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
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."
2
day of
Adoptedbythe Councilofth¢ CiW ofVirginiaBcach, Virginia, onthis
l~y ,2000.
23
CA-7645
01/27/00
F:\DatakATY~Fomls~Dceds\STCLOS1J~WORKING\ca7645.ord
APPROVED AS TO LEGAL SUFFICIENCY
Law Department
3
Item V-J. 2.
PLANNING
-37-
ITEM # 46656
Attorney David A. Miller, Jr., 3003 Lynnhven Parkway, Phone: 498-3424, represented the applicant
Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council ALLOWED
WITHDRAWAL of the Ordinance upon application of CHARLES G. & SUSAN L. BARKER for the
discontinuance, closure and abandonment ora portion of Southern Boulevard:
Application of Charles G. Barker, Jr., and Susan L. Barker for the
discontinuance, closure and abandonment of a portion of Southern
Boulevard beginning at the eastern boundary of Kentucky Avenue and
running in an easterly direction a distance of 725. 86feet. Said parcel is
50 feet in width and contains 36,293 square feet. ROSE HALL -
DISTRICT 3
Mr. Robert Scott, Director of Planning, advised there is a 42-inch water line underneath this street, through
which approximately one-half of the City's treated water flows.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-J.$.
- 38-
PLANNING
ITEM # 46657
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Application of JERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet
the requirements of the Comprehensive Zoning Ordinance (CZO) re reducing the width of an existing lot:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for derrold L. Miller.
Property is located at 1242 North Inlynnview Road (GPI N #1498-46-
5206). L YNNHA VEN - DISTRICT 5
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
- 39-
Item V-J. 4.
PLANNING
ITEM # 46658
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance
re all lots have access to a public street:
Appeal to Decisions of Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Brenda Cuffee
and Albert Rowsey. Property is located on the north side of Alberthas
Drive on Lots 43A and 44A (GPIN #1487-88-07301; #1487-88-1707)
L YNNHA VEN - DISTRICT 5
The following condition shall be required:
1. The applicant shall adhere to theplan approved for Lot 45-A by
City Council on August 26, 1997.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, ~Villiam W
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
- 40-
Item V-J. 5.
PLANNING
ITEM # 46659
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
INDEFINITEL Y, the Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming
tlse
Request for an expansion of a non-conforming use on the west side of
Shipps Lane, north of Virginia Beach Boulevard. Property is located at
309 Shipps Lane and contains 9,900 square feet. BEACH- DISTRICT6.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-J. 6.
- 41 -
PLANNING
ITEM # 46660
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
application of JAMES M. ARNHOLD for the enlargement ora nonconforming use:
Resolution upon application o f James M. Arnhold for the enlargement of
a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414
Spinaker Court), re demolition of the existing two-story townhouse and
replacement by constructing a larger three-story townhouse, containing
3, 316. 2 square feet. L YNNHA VEN- DISTRICT 5
The following conditions shall be required:
The structure, as enlarged, shall conform to the plans and
specifications exhibited to the City Council on the date of
adoption of this resolution, which plans and specifications are on
file in the Department of Planning.
That the proposed shake siding shall be of a color matching, to
the greatest extent possible, the majority of the siding on the
existing townhouses on Spinnaker Court.
3. The brick veneer shall, to the greatest extent possible, match the
brick on the existing townhouses on Spinnaker Court; and
The windows on the front facade must be single-pane, without
dividing mullions, similar to the windows for the rear facade as
depicted on the submitted plans.
Voting:
10-1 (By Consen0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 23, 2000
1
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3
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING USE ON PROPERTY LOCATED AT 2414
SPINNAKER COURT (LYNNHAVEN DISTRICT)
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WHEREAS, James M. Arnhold (hereinafter the "Applicant")
has made
demolish
application to the City Council
an existing townhouse and to
for authorization to
reconstruct a larger
townhouse on the same site, situated on a certain lot or parcel of
land having the address of 2414 Spinnaker Court, in the Lynnhaven
District; and
WHEREAS, said property lies within the B-4 Resort
Commercial Zoning District; and
WHEREAS, pursuant to Section 105(d) of the City Zoning
Ordinance, the proposed enlargement of the Applicant's townhouse is
unlawful in the absence of a resolution of the City Council
authorizing the enlargement of such townhouse upon a finding that
the proposed use, as enlarged, will be equally appropriate or more
appropriate to the zoning district than is the existing use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
townhouse, as enlarged, will be equally appropriate to the District
as is the existing townhouse.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed enlargement of a nonconforming use be,
and hereby is, approved, upon the following conditions:
1. That the structure shall conform to the plans and
specifications exhibited to the City Council on the date of
adoption of this resolution, and which plans and specifications are
on file in the Department of Planning;
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2. That the proposed shake siding shall be of a color
matching, to the greatest extent possible, the majority of the
siding on the existing townhouses on Spinnaker Court;
3. The brick veneer shall, to the greatest extent
possible, match the brick on the existing townhouses on Spinnaker
Court; and
4. The windows on the front facade shall be single-
pane, without dividing mullions, similar to the windows on the rear
facade as depicted on the submitted plans.
4O
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the
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Adopted by the Council of the City of Virginia Beach on
day of May , 2000.
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CA-00-7648
wmordres~arnholdncuse.res
R-2
May 15, 2000
APPROVED AS TO LEGAL
SI-/FFICII~NC-Y ,0 ·
Depar[n~t of Law ' - -
2
- 42 -
Item V-J. 7
PLANNING
ITEM # 46661
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 518-3200, represented the applicant and advised the
changes to the application providing over 21,000 square feet of landscaping on the eastern site and
perimeter of the site in excess of the current City requirement. Attorney Nutter advised signing
correspondence dated May 22, 2000, acknowledging and concurring with the provisions to be addressed
during site plan review process.
Chris Wellman, Site Development Manager - Lowes, advised they will be strong supporters of the Virginia
Beach community and Charties.
Pastor Tommy Taylor, London Bridge Baptist Church
The following registered in OPPOSITION
Cliff Love, 2605 Thirza Place, Phone: 481-6449, concerned relative health of Lynnhaven River.
Joe Taylor, Vice President- Taylors Do It Center, 1232 Bluebird Drive, Phone: 491-9000. Statement of Mr.
Taylor regarding big box retailers is hereby made a part of the record.
Connie Bowen, owner - Cape Henry Hardware 2108 East Admiral Drive, Phone: 481-1827, presented
petitions in Opposition, which are hereby made a part of the record.
Vonda Dunn, 2929 Summerhaven Road, Phone: 496-6911
J. E. Weirich, 1508 Back Cove Road, Phone: 481-0421
Upon motion by Councilman Branch, seconded by Councilman Weeks, City Council ADOPTED Ordinances
upon application of COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETTPROPERTIES, INC.
for Conditional Changes of Zoning (lost to a negative vote March 7, 2000):
ORDINANCE UPONAPPLICATION OF COLLETTPROPERTIES, INC.
AND COLLETT CHESAPEAKE PARTNERS, L.L. C FOR A CHANGE OF
ZONING DISTRICT CLASSIFICA TION FROM B-2 TO CONDITIONAL
B-2 Z05001167
BE IT HEREBY ORDAINED BY THE cOUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AND,
Ordinance upon application of Collett Properties, Inc. and Collett
Chesapeake Partners, L.L.C. for a Change of Zoning District
Classification from B-2 Community Business District to ConditionaI B-2
Community Business District on certain property located at the southeast
intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497-
84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85-
8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed
zoning classification change to Conditional B-2 is for community
business land use. The Comprehensive Plan recommends use of this
parcel for retail, office and other compatible uses in accordance with
other Plan policies. Said parcel contains 3.481 acres. BEACH -
DISTRICT 6.
ORDINANCE UPONAPPLICA TION OF COLLETTPROPERTIES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM I- 1
TO CONDITIONAL B-2 Z05001168
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Collett Properties, Inc. for a Change of
Zoning District Classification from I-1 Light Industrial District to
Conditional B-2 Community Business District on certain property
located on the east side of Parker Lane beginning at a point 150feet
more or less south of Virginia Beach Boulevard (GPIN #1497-84-3855,
#1497-84-8654, #1497-84-5907, #1497-84-7994). The proposed zoning
classification change to Conditional B-2 is for community business land
use. The Comprehensive Plan recommends use of this parcel for light
industrial, business parks and other compatible uses. Said parcel
contains 9.545 acres. BEACH- DISTRICT 6.
The following conditions shall be required:
1. An Agreement encompassingproffers shall be recorded with the
Clerk of Circuit Court.
May 23, 2000
Item V-J. 7
PLANNING
- 43 -
ITEM # 46661 (Continued)
Correspondence of May 22, 2000, from Robert d. Scott,
Planning Director, has been signed by Attorney R..d. Nutter
acknowledging and concurring with the provisions of said letter,
stipulating Proffer No. 9 is deleted, with the following provisions
being substituted, to be addressed during site plan review:
Modification of the site plan to create a new drive aisle to
provide access to the propertyfrom Virginia Beach Boulevard to
Byrd Lane;
b. Elimination of the easternmost curb cut shown on Virginia Beach
Boulevard as depicted on the proffered site plan;
Participation in the improvements within the southern quadrant
of the Byrd Lane and Virginia Beach Boulevard intersection by
performing the following at the developer's expense: extending
the median east and west of Byrd Lane, installing a left-hand turn
lane and providing an additional traffic signal device currently
in place.
Provisions of access easements to the property owners abutting
on the eastern property line sufficient to satisfy their current
access rights.
Provision of a site plan showing reasonable internal circulation
provided that the number of parking spaces on property need not
be reduced below the level currently authorized by the Virginia
Beach Board of Zoning Appeals.
Signed Correspondence dated May 22, 2000 is hereby made apart of
the proceedings.
This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Two Thousand
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
Margaret L. Eure, Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
Councilman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), of the Code of Virginia, he is a
partner in the law firm of Willcox & Savage, earning an annual income from each entity in excess of
$1 O, 000, and represents Fuel Feed Plaza Home Center, Incorporated ("Fuel Feed "), which owns a Taylor's
Do-it Center located on Laskin Road within approximately three miles of the proposed Lowe's Home
Improvement Center. The officers of Fuel Feed have indicated their concern that the construction of the
Lowe's Home Improvement Center will have a detrimental economic impact on their LasMn Road store.
Councilman Harrison wished to disclose this interest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Harrison's letter of April 24, 2000,
is hereby made a part of the record.
May 23, 2000
Git
CITY COUNCIL
MAYOR .%IE YER,.I
I 7CE M..t }'~ )R II'H,I,I.-IM l) SESSf),IIS..TR. ,,It-l~c
.~ ~ItN' .I B.I
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II'TLLL'I3] IU II.I~L~ON,.JR.. I)~trat g-Lvn,bavc,
LOUIS R..7ONES, lhstm I 4-Bgvsuh'
~BA S. McCL.I.X~.IN~ D~st.ct 3-Rose ltall
N~qNCY K 1~4RKER, :lt.lmrgc
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LF..xI. II: L /.ILL/: Y. (
RI 'Tiff Il; ~l)Gl:.'s .xMITII.
of Vir inia Beach
"COMMUNII¥ FOR A MFETIblff"
CITY COUNCIL AGENDA
May 23, 2000
II.
CITY MANAGER'S BRIEFING
- Conference Room -
ao
DRAINAGE IN THE SOUTHERN PART OF THE CITY
Arthur R. Shaw,
Operations Engineer, Department of Public Works
REVIEW OF AGENDA ITEMS
4:00 PM
III. CITY COUNCIL COMMENTS
IV. INFORMAL SESSION
- Conference Room -
5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Donald G. Wilson
Bayside 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 CLOSED SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS _ May 9, 2000
AGENDA FOR FORMAL SESSION
The Consent ~4genda will be determined during the Agenda Review Session and considered in the
ordinary course of business by City Council to be enacted by one motion.
PUBLIC HEARING
1. SALE OF EXCESS CITY OWNED PROPERTY:
Fox Fire Subdivision
ORDINANCES/RESOLUTIONS
Ordinance DECLARING certain City right-of-way EXCESS property at Fox Fire
subdivision and AUTHORIZING the City Manager to convey same to the adjacent twenty-
four (24) property owners, (value of the property to be determined by fair market value
appraisal); the City shall retain the right to reserve a 20' drainage and utility easement.
2. LYNNHAVEN PARKWAY, PHASE IX:
Resolution re a location, design Public Hearing to request the Virginia Department
of Transportation (VDOT) place the aerial utilities underground with this project.
Ordinance to AUTHORIZE advance acquisition of property in fee simple for right-
of-way, by purchase or condemnation, for this project.
Ordinance to ESTABLISH the right-of-way between Lishelle Place and Holland
Road as an underground utility corridor.
AUTHORIZE the Director of Public Works to execute all necessary documents for
this project.
Ordinance to AMEND § 7-50 of the City Code by adding a provision pertaining to the
operation of four-wheeled bicycles in the resort area (April 15 thru September 30).
Ordinance to ABOLISH the Erosion Commission and REPEAL § 6 - 161 through
§ 6 - 165 of the Code of the City of Virginia Beach and ESTABLISH the Beaches and
Waterways Advisory Commission as the successor to terminate 30 June 2005.
Ordinance to AUTHORIZE temporary encroachments into a portion of city owned right-
of-way (20' alley) at 1500 Atlantic Avenue for EWALBE, L.L.C. re two (2) security gates;
and, authorize the City Manager to execute the necessary documents.
Ordinance to TRANSFER $3,159 from the FY 2000 General Fund Reserve for contingencies
to the operating budget of the Department of Housing and Neighborhood Preservation to
reimburse a city employee for legal fees and expenses incurred during the performance of
official duties.
Ordinance to TRANSFER and APPROPRIATE $660,535 from the General Fund Reserve
for contingencies to the FY 2000 Virginia Beach Court Service Unit operating budget re
Juvenile Detention Services and Group Home Services.
Resolution to temporarily change the location of City Council meetings due to planned
repairs and renovations of the City Council Chambers to the School Administration Building
and direct the City Clerk to make the general public aware of the changes.
Resolution REFERRING to the Planning Commission proposed amendments to § 111 and
Article Two of the City Zoning Ordinance (CZO), establishing design and other standards
for retail establishments by no later than June 17, 2000.
PLANNING
Application of CAVALIER GOLF AND YACHT CLUB for the discontinuance, closure
and abandonment of a portion of Cardinal Road beginning at the northern boundary of
Starling Court and running northwesterly to its terminus, containing 1.78 acres.
(LYNNHAVEN - DISTRICT 5)
Recommendation:
APPROVAL
Application of CHARLES G. & SUSAN L. BARKER for the discontinuance, closure and
abandonment of a portion of Southern Boulevard beginning at the eastern boundary of
Kentucky Avenue and running in an easterly direction a distance of 725.86 feet, containing
36,293 square feet. (ROSE HALL - DISTRICT 3)
Recommendation:
DENIAL
Application ofJERROLD L. MILLER for a Variance to the Subdivision Ordinance that all
lots must meet the requirements of the Comprehensive Zoning Ordinance (CZO) at 1242
North Inlynnview Road re reducing the width of an existing lot.
(LYNNHAVEN - DISTRICT 5)
Recommendation:
APPROVAL
Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the
Subdivision Ordinance re all lots have access to a public street at Lots 43A and 44A on the
north side of Alberthas Drive. (LYNNHAVEN - DISTRICT 5)
Recommendation:
APPROVAL
Application of MILTON A. PALMER, SR., for an expansion of a nonconforming use at
309 Shipps Lane, containing 9,900 square feet. (BEACH - DISTRICT 6)
Deferred:
Staff Recommendation:
April 25, 2000
INDEFINITE DEFERRAL
Application of JAMES M. ARNHOLD for the enlargement of a nonconforming use on Lot
3, Block B, Chesapeake Bay Shores (2414 Spinaker Court), re demolition of the existing two-
story townhouse and replacement by constructing a larger three-story townhouse, containing
3,316.2 square feet. (LYNNHAVEN - DISTRICT 5)
Deferred:
Recommendation:
March 28, 2000
APPROVAL
RECONSIDERATION: Changes of Zoning District Classification (BEACH - DISTRICT
6) lost to negative vote March 7, 2000:
COLLETT PROPERTIES, INC., and COLLETT CHESAPEAKE PARTNERS,
L.L.C. from B-2 Community Business District to Conditional B-2 Community
Business District at the Southeast intersection of Virginia Beach Boulevard and Parker
Lane, containing 3.481 acres.
COLLETT PROPERTIES, INC., from I-1 Light Industrial District to Conditional
B-2 Community Business District on the east side of Parker Lane, beginning 150 feet
more or less south of Virginia Beach Boulevard, containing 9.545 acres.
Deferred: February 08, 2000
Deferred: February 22, 2000
Denied: March 07, 2000
Deferred: April 25, 2000
Deferred: May 09, 2000
Recommendation:
APPROVAL, subject to considerations
Application of WAWA, INC. For a Conditional Use Permit for automobile services (fuel
sales) in conjunction with a convenience store located at the southwest corner of Rosemont
Road and Sentara Way, containing 1.88 acres. (ROSE HALL - DISTRICT 3)
Recommendation:
APPROVAL
Application of SPIRIT RENT A CAR, INC., dba CARTEMPS USA for a Conditional Use
Permit for a motor vehicle rental on the east side of South Independence Boulevard, north
of Bonney Road Relocated (116 South Independence Boulevard, Suite # 104), containing 4.35
acres. (ROSE HALL - DISTRICT 3)
Recommendation:
APPROVAL
10.
Application of JOHN DAVID VOGEL for a Conditional Use Permit for a recreational
facility of an outdoor nature (corn maze) on the north side of London Bridge Road, east of
Country Manor Lane (2400 London Bridge Road), containing l0 acres.
(BEACH - DISTRICT 6)
Recommendation:
APPROVAL
11.
Application of CAPE HENRY COLLEGIATE SCHOOL for a Conditional Use Permit for
the expansion of a private school at the southeast intersection of Mill Dam Road and
Woodhouse Road (1320 Mill Dam Road), containing 29.502 acres. (LYNNHAVEN -
DISTRICT 5)
Recommendation:
APPROVAL
12.
Application of the CITY OF VIRGINIA BEACH to AMEND § 401 of the City Zoning
Ordinance (CZO) re permitted uses (recreational and amusement) in the AG-1 and AG-2
Agricultural Districts.
Recommendation: APPROVAL
APPOINTMENTS
AP, TS AND HUMANITIES COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HAMPTON ROADS T1LANSPORTATION DISTRICT
MINORITY BUSINESS COUNCIL
SOCIAL SERVICES BOARD
L. UNFINISHED BUSINESS
M. NEW BUSINESS
1. ABSTRACT OF CIVIL CASES P~SOLVED - APRIL, 2000
N. ADJOURNMENT
CITY COUNCIL SESSIONS
RESCHEDULED FROM
TUESDAY, JULY 4, 2000
TO:
WEDNESDAY JULY 5, 2000
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 fo:- the Deaf)
05/18/00slb
AGENDA\05-23-00
www. virginia-beach, va. us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
May 23, 2000
Mayor Meyera E. Oberndorf called to order the 'CITY MANAGER'S BRIEFING re RURAL AREA
DRAINAGE in the Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 4.'00
P.M..
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, Barbara M.
Henley, Louis R. Jones, Reba S. McClanan, Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
William W Harrison, Jr.
Nancy K. Parker
A. M. "Don" Weeks
[ENTERED: 4:20 P.M.]
[ENTERED: 4:10 P.M.]
[ENTERED: 4.'50 P.M.]
Robert C. Mandigo, Jr., Councilman-Elect, Kempsville- District No. 2 and Rosemary Wilson, Council Lady
- Elect, At Large, were present for both the Informal and Formal Sessions.
Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of
General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order of the Eastern
Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron
and is hosting approximately 2, 500 attendees.
-2-
CITY MANAGER'S BRIEFiNG
DRAINAGE IN THE SOUTHERN PART OF THE CITY
4:00 P.M.
ITEM # 46621
Mark Johnson, National Pollution Discharge Elimination System Administrator - Public Works, advised
the Briefing relative Drainage in the Southern Part of the City consisted of three main themes: Existing
Conditions, Drainage System and Operations and Maintenance.
Mr. Johnson, with the assistance of the Power Point System, depicted the existing conditions: The areas
depicted in "green" are the areas of poorly drained soils. The rural area of the City is depicted as the
southern portion below Indian River Road. Comparing the FEMA Flood Hazard Data Map with the Soil
Survey Map, the l O0-year floodplain closely aligns with the poorly drained soils. Princess Anne Road is
generally the high point. The Flood Zone reaches up to Elevation 5. The average rainfall for the City is 44
inches per year.
L 0 W/FLA T
a. Average Land Slope: l OO feet Horizontal: 2.5 inches Vertical Drop.
b. Tide Elevations
1. I-Year Tide: 2.0 Feet M. S.L.
2. 25-Year Tide: 3.9 Feet M. S.L.
3. 50-Year Tide: 4.5 Feet M.S.L.
4. lO0-Yar Tide: 5.0 Feet M. S.L.
SO UTHERN WA TERSHEDS
Back Bay
1 Muddy Creek
2. Beggars Bridge Creek
3. Nanney Creek
4. Devil Creek
North Landing River
1. Blackwater Creek
2. Mill Dam Creek
3. Oakum Creek
4. Walnut Creek
5. West Neck Creek
6 Pocaty Creek
With the Southern Canal and Lead Ditch Restoration Study, five of these creek systems were reviewed:
Mill Dam Creek, Blackwater Creek, Oakum Creek, Beggars Bridge and Nanney Creek. The main point
derived was the creek systems need to be cleaned out offallen debris to allow the water to flow once the wind
tides or tidal elevations drop down and the water can move into North Landing River and Back Bay.
Primarily the City has an Open Ditch System with Culverts. There are veryfew pipe systems existing in the
southern portion of the City.
Charles Hassen, Development Services Center Co-ordinator, presented information relative Development.
May 9, 2000
-3-
CITY MANAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
General Comparison of the Characteristics
Rural (Southern)
Stormwater drainage is influenced by wind tides
High percentage of low land elevations
Mostly natural drainage systems with few
engineered conveyance and impoundment
systems
Much of the land is within the floodplain
Many of the drainage systems are private and
controlled and maintained by agricultural
activities
Most of the soils are poorly drained with a high
seasonal groundwater table.
The area is sparsely populated with low
percentages of impervious cover
The drainage systems do not have the capacity to
handle large storm events. As a result, flooding
occurs in the floodplain
Most of the sanitary sewer systems are private
septic systems (conventional or land
managetnenO
Most of the drinking water supplies are private
wells.
of Rural (Southern) and Urban (Northern)
Urban (Northern)
Stormwater drainage is influenced by lunar tides
Higher percentage of high land elevations
Many drainage systems are engineered
conveyance and impoundment systems with some
natural systems
Most of the land is outside of the floodplain
Many of the drainage systems are public and
controlled and maintained by the City.
The soils are better drained with a lower
groundwater table.
The area is more densely populated with areas of
high impervious cover.
Many of the drainage systems have large
capacities to handle large storm events
Most of the sanitary sewer systems are public
Most of the drinldng water supplies are public
Highlights of the Agricultural District Amendments
A G-2 District was created in 1979. This district preserved agricultural
lands while accommodating rural development within the first 600-feet
of the roadway.
Agricultural Lands Area Overlay District was developed in the late
1980's. 100% of the surface water was to be retained on site. No new lots
will be developed, unless an exception is provided by City Council.
Agricultural Lands Area Overlay District was repealed in 1991.
In 1993, an additional lot is allowed for parcels 10 acres or larger on one
parcel.
In 1994, the Residential Density Section was created. One unit per 15
acres is allowed to be subdivided "by right ".
In 1994, the Alternative Residential Development allowed a Conditional
Use Permit to be granted by City Council for development. Densities are
based on soil types.
In 1995, the Agricultural Reserve Program was adopted, which restricts
the use of land to non-residential use.
These amendments did change the pattern of rural residential development. Many of these amendments
encouraged new houses to be built along existing roads while other amendments supported new narrower
roads with drainage swales or ditches for clustering of new units. The boundaries would be Elbow Road,
Salem Road, Landstown/Princess Anne and Sandbridge Roads.
May 9, 2000
-4-
CITY MANAGER'S BRIEFiNG
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
The majority of the rural or agricultural area would fall within this boundary. The dark areas on the map
depicted by Mr. Hassen indicated high density. The green areas represented 2,056 parcels without
structures. Many of these parcels have potential for development. Mr. Hassen displayed one area, Old
Carolina Road which is an example where some individuals believe recent development may have caused
drainage or flooding problems. A new resident finds standing water in the roadside ditches or on their
property and expects the water to go away as it did in their last house. The individual formerly lived in the
urban section of the City and is not aware of the differences between rural and urban areas. Some of these
ditches will never be dry. The majority of the lots on Old Carolina Road are fairly old. The most recent lots
(depicted in "brown") were created in 1994. The "green "lots were created in 1984, the "blue" lots were
created in 1964 and the "purple" lots were created by deed in 1953. Development Services usually reviews
only a lot grading plan relative a single-family home. Development Services makes sure the surface of the
lot drains away from the house. There is much area around the house, therefore once it drains away from
the house, some water will be absorbed. If the land is under cultivation, the farmers will determine how this
water will leave the lot. When reviewing a land management plan, Development Services is interested in
the water moving away from the house and the drainfield. Contained within the Public Works Specifications
and Standards generally single family land management plans do not require stormwater management
facilities as there is not increased stormwater runoff. ,4 roadside ditch which is within a public right-of-way
andpart of an adequate drainage system shall be considered to be suitable outfall for land management sites
and no further downstream easements will be required. All ,4G lots created now are at least one acre or
three acres in size. Therefore, the small amount of impervious service is not going to significantly change
the runoff from the site. Therefore, these lots should not impact our system. There is a cumulative factor.
Over time, if there are many lots in the same drainage system, these will have some impact. The next slide
depicted the Agricultural Reserve Program easements. On Old Carolina Road, the particular lands
depicted will not have development on those sites. The Agricultural Reserve Program can avoid drainage
problems.
Review Considerations
Existing drainage patterns
Existing drainage system adequacy
Size of development
Types of runoff being generated (public, private or both)
Type of septic system proposed
Need for downstream easements (land management, storm water or both)
Need for stormwater management facility
Location of outfall
Need for existing drainage system upgrade, improvement or maintenance
Need for new drainage system
Impact of proposed development on existing drainage
Possible Causes of Perceived Drainage Problems
Impact of new development in and around the floodplain
Impact of upstream development
Poorly drained soils
Expectations of new residents
New residents report problems that were not reported by
existing residents/farmers
Drainage problems previously handled by the land owner
Reduced capacities of the drainage systems due to the accumulation
of sediment and debris
Reduced maintenance of some private ditch systems
Limited maintenance of receiving systems
May 9, 2000
CITY M~4NAGER'S BRIEFING
DRAIN,4GE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
Relative the types of septic systems, a conventional system for well drained soils would allow a septic
system to be installed with the drainfieM on a one acre piece of property. A land management system is
developed on poorly drained soils. In this particular case, there would be a septic system, but surrounded
by a ditch on all four sides, approximately 70feet from the druin field. This ditch draws down the surface
water so it does not compete with the septic system. The land must be 3 acres in size. There are only two
cities in the Commonwealth with this system: Chesapeake and Virginia Beach.
Mr. Hassen advised the City is responsible for the land management to make sure this system is designed
and engineered properly, so the water is moved away with the ditches at the proper slope, etc. The City is
responsible if the water leaves the site and to make sure easements are obtained to allow the City, if the
property owner could not, to clean out those ditches downstream as a health matter. It is up to the Health
Department to be assured the septic system is installed properly. The civil inspectors review the site relative
the proper installation of the ditches. Until last year, the Health Department would actually perform the soil
borings and determine whether or not the soils were proper for a conventional or land management system.
This past year, the State changed this regulation and allows an OSAE (licensed on-site soil evaluator) to
review everything with the Health Department. The OS. dE prepares the entire plan. The City basically
reviews same, but the Health Department is required to stay "hands-off".
Council Lady Henley referenced the land management system approved in the early 1970's and the intent
was a compromise by the State to allow some building on poorly drained soils; however, sites such as Old
Carolina Road, where many lots were subdivided prior to the land management regulations, makes it
difficult in a poorly drained area to make this system work. When is it the City's responsibility to correct the
situation? In the "requested but not funded"portion of the budget, this drainage project, if built, was over
SI-MILLION.
Mr. Hassen advised some of the older lots were created prior to land management and if they are 3 acres,
the staff would immediately request the Health Department for site plan approval and then determine
whether they would have to have a land management system. Old Carolina Road has flooded for years. It
is the responsibility of the City to maintain some level of adequacy to move the water through the City's
conveyance systems.
Suggested Solutions for Further Study
Place a note on final subdivision plats and site plans that states the
elevation of the land is low and prone to flooding.
Have land owners/home buyers sign a disclaimer statement regarding the
elevation of the property and the potential for flooding.
Public Works/Operations and Planning/Development Services Center work
closer together to identify proposed developments in areas with existing
drainage problems
Study all of the current City Code, Health Department Regulations and
Public Works Specifications and Standards requirements regarding
development in rural areas and make suggestions for improvements based
on the input from City Council, Planning Commission, Agricultural
Advisory Committee and staff.
Additional training for staff and consultants.
Determine what is reasonable in terms of requirements for developments
of varying size and environmental concerns
Continue current and proposed maintenance programs for existing
drainage systems.
Arthur R. Shaw, Operations Engineer- Public Works, emphasized the 200 miles of major ditches/canals and
the 600 miles of roadside ditches concerning the Municipal Separate Storm Sewer System.
May 9, 2000
-6-
CITY MANAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
STORMWA TER MAINTENANCE
94-95 95-96 96-97 97-98 98-99 99-2000
Projection)
Budget Total $4,745.38 $5,975,769.00 $6,131,741.00 $5,695,284.00 $6.0-6.5-
Actual MILLION
W.O. Received 4,145 5, 001 3, 767 3,563 5,260
W.O. 4,072 5,048 3,758 3,967 4,621
Completed
Average Age 65 85 61 64 40
of Completed
W.O.s
°_,6 of W. O.s 36.21% 69% 66% 71o,4
Completed
within 60 days
Backlog W.O.s 753 874 798 690 419 750-850
at Years End
.4verage 666 1,081 516 539 750
.4nnual
Backlog
.4verage .4ge 167 !25 174 113 85
of Backlog
W. Os
Number of 51 54 58 58 61 62
Employees
Although, it looks like a good story, the department is merely responding to calls from the public. There is
not much preventative maintenance in this program. This is simply a reactive mode.
There are only a certain amount of fixed assets to accomplish work.
Mr. Shaw referenced:
FY 199 7-98
FY 1998-99
FY 1999-00
This is evidence of aging infrastructure.
Cave-In Repairs
1,894
2,534
3,044
Storm Water Operations and Maintenance
Response - Level of Service
Major Tasks Current Demand/Preferred
Roadside Ditches 2.26years, on average 1.5years, on average
Major Off-Road Ditches 12.3 years, on average 3-10 years, on average
Cave-ins 73 days, on average 60 days, on average
Basin Cleaning 8. 8 years, on average 3 year, on average
Pipe Cleaning 40 years (est.), on average 5 year, on average
SWMF Dredging 1.4 lakes/yr, on average 6.2 lakes/yr, on average
May 9, 2000
-7-
CITY MANAGER'S BRIEFING
DRAINAGE IN THE SOUTHERN PART OF THE CITY
ITEM # 46621 (Continued)
Mr. Shaw referenced the graphs entitled: Storm Water Ditch Work: July 1996- April 2000 in terms of man
hours and work orders. There has been a fairly steady percentage of that work in the southern portion of the
City. The southern portion of the City is receiving a fair distribution of a declining resource. Mr. Shaw
displayed slides depicting ditches on Old Carolina Road installed prior to concentration of effort on the
older sites. Many of these are undersized, as a poor example of an overgrown ditch on Grimstead Road off
of Back Bay Landing Road. Mr. Shaw displayed a slide depicting a home on Baum Road, near the
Chesapeake Line, but still in Virginia Beach, which has their septic land management system in their front
yard..4 ditch cuts between their septic system and the lot line ditch, which brings the water to the road, with
a ditch running down Baum Road and depicts the best of the best. It is well landscaped and totally
vegetated. This is a typical land management plan where the water is brought to the edge of the road. Mr.
Shaw displayed a slide depicting Mill Dam Creek where it crosses Indian Creek Road and Crags Causeway.
This woody debris causes energy loss of the water, which backs up water in the roadside ditches. The City
must do better about clearing the fallen vegetated debris out of these creeks.
PLAN OF ACTION
Develop a contract for Continuous Lead Ditch Maintenance
Dedicate $75,000 a year for Storm Water Maintenance with Sheriff's
Work Force
Proceed with Obtaining the Necessary Permits for the Southern
Canal/Lead Ditch and Culvert Improvements Project (7-024)
Mr. Shaw advised, because of environmental controls, it is much more difficult for a farmer to clean his own
ditches. Council Lady Henley advised a 50-year or lO0-year storm is a misnomer as they really do not
happen every 50 or lOO years, but occur more frequently. The rainfall has been much higher than average
the last ten years. The impact of the wind tides on these elevations is a compounding effect. Mr. Johnson
advised the l O0-year floodplain is based only on a rainfall event. Based on the rain occurring over the past
lO years, the staff will review their design rainstorm, add in the extra data and determine if the numbers
need to be increased for the 50 and lO0-year floodplain. These can be incorporated into the standards.
FEM.4 can be requested to re-evaluate the City's drainage watersheds to determine if the lO0-year
floodplain needs to be adjusted. Mr. Johnson advised that information is provided to FEMA and they do the
actual evaluation and establishment of the floodplain elevation.
Councilman Baum complimented the excellent presentation.
May 9, 2000
-8-
AGENDA RE VIE W SESSION
5:02 P.M.
ITEM # 46622
1.1.
Ordinance DECLARING certain City right-of-way EXCESS
property at Fox Fire subdivision and A UTHORIZING the City
Manager to convey same to the adjacent twenty-four (24)
property owners, (value of the property to be determined by fair
market value appraisal); the City shah retain the right to reserve
a 20' drainage and utility easement.
Council Lady Henley advised there would be representatives of the Fox Fire subdivision who wished to
speak.
ITEM # 46623
1.3.
Ordinance to AMEND 3~ 7-50 of the City Code by adding a
provision pertaining to the operation o f four-wheeled bicycles in
the Resort Area (April 15 thru September 30).
Council Lady McClanan advised she would vote NAY on this item. She was very disappointed in RAC's
discussion. Council Lady McClanan advised other localities approach the regulations of these bicycles in
a different manner. Vice Mayor Sessoms advised those rented on Atlantic Avenue are causingproblems
throughout the area. Vice Mayor Sessoms advised even on the boardwalk these bicycles cause a problem
and believed hours of operations might be a possible solution.. Councilman Jones referenced these bicycles
on sidewalks and the possibility of harmingpedestrians. This item will be REMOVED from the Agenda and
more comprehensively addressed. The City Staff will be requested to comprehensively review this Ordinance,
encompassing the hours of operation, regulation of the number allowed for rental abuse by renters and the
various locations where these particular bicycles may be operated.
ITEM # 46624
1.5.
Ordinance to AUTHORIZE temporary encroachments into a
portion of city owned right-of-way (20' alley) at 1500 Atlantic
Avenue for EWALBE, L.L.C. re two (2) security gates; and,
authorize the City Manager to execute the necessary documents
Mayor Oberndorf and Council Lady Henley referenced calls of concern. Councilman Branch advised Mr.
Joseph Cotton was confused relative the application. He had requested the applicant's attorney, Edward
Bourdon, respond to Mr. Cotton.
Councilman Branch advised there is a north/south alley and an east/west alley perpendicular on that block
and they are unique in nature. These alleys actually divide the amusement area in 'half. The applicant wishes
to install two gates. The alley will be closed and deeded to both property owners. This was part of the
agreement. Mr. Cotton has a house on Pacific Avenue, adjacent to the east-west alley. A survey was
conducted and a portion of this was determined to be on the amusement park 's property,, therefore, the 20'
foot alley needs to be moved over a few feet to be totally on the public right-of-way and would be closer to
Mr. Cotton's house. The access to this property will no__!t be cut off
Mayor Oberndorf advised Joseph W. Cotton and Chester Rodio have registered to speak in Opposition to
the Ordinance. Council Lady Parker advised Mr. Cotton's lot line is the issue. Mr. Rodio was concerned
relative access to Pacific Avenue from his parking lot. Mayor Oberndorf advised there was also opposition
to the Amusement Park.
This item will be discussed during Formal Session and City Staff shall respond to concerns.
May 23, 2000
-9-
AGENDA RE VIE W SESSION
ITEM # 46625
1.8
Resolution to temporarily change the location of City Council
meetings due to planned repairs and renovations of the City
Council Chambers to the School Administration Building and
direct the City Clerk to make the general public aware of the
changes.
Council Lady McClanan wished to vote a VERBAL NAY on this item as she was in OPPOSITION to
reducing the number of seats in the City Council Chamber. The City Manager advised they are removing
two rows of 7 seats. These seats will be replaced by a staff work table, so the City staff representatives may
review their planning documents.
The City Manager advised the Resolution states:
"That, in order to avoid a conflict with the School Board's meeting
schedule, during this same period of time, City Council will not meet on
the first Tuesday of the month."
A BRIEFING relative the City Council Renovations shall be scheduled for the City Council Session of June
6, 2000.
ITEM # 46626
Resolution REFERRING to the Planning Commission proposed
amendments to o6 111 and Article Two of the City Zoning
Ordinance (CZO), establishing design and other standards for
retail establishments by no later than June 17, 2000.
Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning
Commission. The Amendment on page 4 is extremely minor and states: " t ' ' '
... hat htgh-quahty destgn elements
not addressed by the provisions of this Part shall be encouraged." This item will be discussed during the
Formal Session.
ITEM # 4662 7
BY CONSENSUS, the following items shall compose the CONSENT AGENDA..
ORDINANCES
L 2. L YNNHA VEN PARKWA Y, PHASE IX:
Resolution re a location, design Public Hearing to request the
Virginia Department of Transportation (VDOT) place the aerial
utilities underground with this project.
Ordinance to AUTHORIZE advance acquisition of property in
fee simple for right-of-way, by purchase or condemnation, for
th is project.
c. Ordinance to ESTABLISH the right-of-way between Lishelle
Place and Holland Road as an underground utility corridor.
d. AUTHORIZE the Director of Public Works to execute all
necessary documents for this project.
1.4.
Ordinance to ABOLISH the Erosion Commission and REPEAL
3q 6 - 161 through 3~ 6 - 165 of the Code of the City of Virginia
Beach and ESTABLISH the Beaches and Waterways Advisory
Commission as the successor to terminate 30 June 2005.
May 23, 2000
- IO-
AGENDA RE VIE I9' SESSION
ITEM # 46627 (Continued)
1.6.
1.7.
Ordinance to TRANSFER $3,159 from the FY2000 General
Fund Reserve for contingencies to the operating budget of the
Department of Housing and Neighborhood Preservation to
reimburse a city employee for legal fees and expenses incurred
during the performance of official duties.
Ordinance to TRANSFER andAPPROPRIA TE $660,535 from
the General Fund Reserve for contingencies to the FY 2000
Virginia Beach Court Service Unit operating budget re Juvenile
Detention Services and Group Home Services.
Resolution to temporarily change the location of City Council
meetings due to planned repairs and renovations of the City
Council Chambers to the School Administration Building and
direct the City Clerk to make the general public aware of the
changes.
Council Lady McClanan will vote a VERBAL NAY on Item 1. 8.
ITEM # 46628
Councilman Harrison distributed a Resolution, which he wishes to add to the Agenda;
Resolution authorizing and directing the City Manager and City Attorney
to take any and all actions necessary to upgrade the quality of conditions
at the Resort Area; and, help City Council achieve its goal of developing
the City into a World-Class Resort destination.
May 23, 2000
-11-
,4 GENDA RE VIE W SESSION
ITEM # 46629
J. 1 Application of CA VALIER GOLFAND YACHT CLUB for the
discontinuance, closure and abandonment of a portion of
Cardinal Road beginning at the northern boundary of Starling
Court and running northwesterly to its terminus, containing 1.78
acres. (L YNNHA VEN- DISTRICT 5)
Councilman Harrison advised Council Lady Eure there are no private uses on this road. Karen Lasley,
Interim Zoning Administrator, advised the Yacht Club has purchased all the property. The map in City
Council's agenda is old and the houses depicted are no longer in existence. There will be no property
without access.
The City Attorney distributed the Street Closure Ordinance, as it was not included in City Council 's package.
ITEM # 46630
Application of CHARLES G. & SUSAN L. BARKER for the
discontinuance, closure and abandonment of a portion of
Southern Boulevard beginning at the eastern boundary of
Kentucky Avenue and running in an easterly direction a distance
of 725. 86feet, containing 36,293 square feet. (ROSE HALL -
DISTRICT 3)
This item will be discussed during Formal Session, as the recommendation is for DENIAL.
The City Attorney distributed the Street Closure Ordinance, as it was not ncluded tn City Counctl s package
ITEM # 46631
Application of JAMES M. ARNHOLD for the enlargement qf a
nonconforming use on Lot 3, Block B, Chesapeake Bay Shores
(2414 Spinaker CourO, re demolition of the existing two-story
townhouse and replacement by constructing a larger three-story
townhouse, containing 3,316.2 square feet. (L YNNHA VEN -
DISTRICT 5)
Council Lady McClanan will vote NAY on this item.
ITEM # 46632
J. 7. RECONSIDERATION: Changes qf Zoning District Classifications
(BEACH- DISTRICT 6) lost to negative vote March 7, 2000:
COLLETT PROPERTIES, INC., and COLLETT
CHESAPEAKE PARTNERS, L.L.C. from B-2 Communi_tv
Business District to Conditional B-2 Community Business
District at the Southeast intersection of Virginia Beach
Boulevard and Parker Lane, containing 3.481 acres.
COLLETT PROPERTIES, INC., from I-1 Industrial District to
Conditional B-2 Community Business District on the East side of.
Parker Lane, beginning 150feet more or less South of Virginia
Beach Boulevard, containing 9. 545 acres
This item shall be discussed during FORMAL SESSION.
May 23, 2000
- 12-
AGENDA RE VIE W SESSION
ITEM # 46633
K. 8. Application of WA WA, INC. For a Conditional Use Permit for
automobile services (fuel sales) in conjunction with a
convenience store located at the southwest corner of Rosemont
Road and Sentara Way, containing 1.88 acres. (ROSE HALL -
DISTRICT 3)
CounciI Lady McClanan expressed concern relative the landscaping in the Rosemont area. Attorney Edward
Bourdon has assured Council Lady McClanan the applicant shall adhere to the landscaping agreed upon.
ITEM # 46634
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA.
Application of CA VALIER GOLF AND YACHT CL UB for th e
discontinuance, closure and abandonment of a portion of
Cardinal Road beginning at the northern boundary of Starling
Court and running northwesterly to its terminus, containing 1.78
acres. (L YNNHA VEN- DISTRICT 5)
Application of JERROLD L. MILLER for a Variance to the
Subdivision Ordinance that all lots must meet the requirements
of the Comprehensive Zoning Ordinance (CZO) at 1242 North
Inlynnview Road re reducing the width of an existing lot.
(L YNNHA VEN- DISTRICT 5)
Application of BRENDA CUFFEE and ALBERT ROWSEY for
a Variance of the Subdivision Ordinance re all lots have access
to a public street at Lots 43A and 44A on the north side of
Alberthas Drive. (L YNNHA VEN- DISTRICT 5)
Application of MIL TON A. PALMER, SR., for an expansion of
a nonconforming use at 309 Shipps Lane, containing 9,900
square feet. (BEACH- DISTRICT 6)
Application of JAMES M. ARNHOLD for the enlargement ora
noncon_forming use on Lot 3, Block B, Chesapeake Bay Shores
(2414 Spinaker Court), re demolition of the existing two-story
townhouse and replacement by constructing a larger three-story
townhouse, containing 3,316.2 square feet. (L YNNHA VEN -
DISTRICT 5)
Application of WA WA, INC. For a Conditional Use Permit for
automobile services (fuel sales) in conjunction with a
convenience store located at the southwest corner of Rosemont
Road and Sentara Way, containing 1.88 acres. (ROSE HALL -
DISTRICT 3)
Application of SPIRIT RENT A CAR, INC., dba CARTEMPS
USA for a Conditional Use Permit for a motor vehicle rental on
the east side of South Independence Boulevard, north of Bonney
Road Relocated (116 South Independence Boulevard, Suite
#104), containing 4.35 acres. (ROSE HALL - DISTRICT 3)
Application of JOHN DA VID VOGEL for a Conditional Use
Permit for a recreational facility of an outdoor nature (corn
maze) on the north side of London Bridge Road, east of Country
Manor Lane (2400 London Bridge Road), containing 10 acres.
(BEACH- DISTRICT 6)
May 23, 2000
- 13-
AGENDA RE VIE W SESSION
ITEM # 46634 (Continued)
J11. Application of CAPE HENRY COLLEGIATE SCHOOL for a
Conditional Use Permit for the expansion ora private school at
the southeast intersection of Mill Dam Road and Woodhouse
Road (1320 Mill Dam Road), containing 29.502 acres.
(L YNNHA VEN - DISTRICT 5)
J12. Application of the CITY OF VIRGINIA BEACH to AMEND 3~
401 of the City Zoning Ordinance (CZO) re permitted uses
(recreational and amusement) in the AG-I and AG-2
Agricultural Districts.
Item J. 5. will be DEFERRED INDEFINITELY, BY CONSENT.
Item J. 6. Council Lady McClanan will vote a VERBAL NA E
May 23, 2000
- 14-
CITY COUNCIL COMMENTS
5:25 P.M.
ITEM # 46635
Vice Mayor Sessoms referenced concerns relative signs for the strawberry farms. For many years, residents
have been following direction signs for strawberry picking. The City staff has conformed to the directions
of City Council by picking up these signs which they deemed illegal.
Vice Mayor Sessoms did not believe it was the intent of City Council for these farmers to be cited because
of these temporary signs which have existed for many years during certain seasons. Vice Mayor Sessoms
believes the agriculture community, with the assistance of Louis Cullipher, Director - Agriculture, could
address specific recommendations relative this concept. As the Strawberry Festival, is scheduled for this
weekend (May 28-29, 2000), these meetings of representatives could be scheduled after this major event.
Councilman Baum advised the City staff, because of citizen complaints, had to enforce the regulations in the
rural areas.
Mayor Oberndorf referenced calls of concern from a farmer, Mr. Barker.
BY CONSENSUS, City Council concurred representatives of the rural community with the assistance of
Louis Cullipher, Director - Agriculture, shall prepare recommendations concerning temporary signs and
forward to the City Council within 30 days. In the interim, the staff is requested not to remove these
temporary signs in he rural area.
May 23, 2000
- 15-
ITEM # 46636
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the City Council Conference Room, City Hall Building, on Tuesday, May 23, 2000, at 5.'35
P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks
and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
May 23, 2000
- 16-
ITEM # 4663 7
Vice Mayor Sessoms, entertained a motion to permit City Council to conduct its CLOSED SESSION,
pursuant to Section 2.1-344(A), Code of Virginia, as amended, for the following purpose:
PERSONNEL MATTERS: Discussion , consideration 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).
Boards and Commissions:
Arts and Humanities Commission
Hampton Roads Planning District Commission
Hampton Roads Transportation District
Minority Business Council
Social Services Board
Annual Review of Council Appointees.
PUBLICLY-HELD PROPERTY: Discussion or consideration of the
acquisition of real property for a public purpose, or of the disposition of
publicly-held real property, where discussion in an open meeting would
adversely affect the bargaining position or negotiating strategy of the
public body pursuant to Section 2.1-344(A)(3).
To- Wit Agricultural Reserve Program - Princess Anne District (2 parcels)
Property Acquisition - Lynnhaven District
Centerville Distirct
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, where such consultation or briefing in open meetings would
adversely affect the negotiating or litigatingposition of thepublic body and
consultation with legal counsel employed or retained by a public body
regarding specific matters requiring the provision of legal advice by such
counsel pursuant to Section 2.1-344(A)(7).
To- Wit: Jim Salmons t/a Salmons Farms v. City of Virginia Beach
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed into
CLOSED SESSION.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, A. M. "Don" Weeks and
Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
(Time of Closed Session: 5:35 P.M. to 6:18 P.M.)
May 23, 2000
-17-
FORMAL SESSION
VIRGINIA B EA CH CI T Y C 0 UN CIL
May 23, 2000
6:20 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, May 23, 2000, at 6.'20 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William
D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Absent:
None
INVOCATION: Council Member Louis R. Jones
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovia 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 Wachovia Bank. The Vice Mayor regularly makes this Disclosure as he may not know of the
Bank's interest in any application that may come before City Council. Vice Mayor Sessoms' letter of January
4, 2000, is hereby made apart of the record.
Mayor Oberndorf advised the City Clerk, Ruth Hodges Smith, will not be in attendance as she is Chair of
General Arrangements for the 96th Annual Session of Grand Chapter of Virginia, Order oft he Eastern
Star, held at the Pavilion Sunday thru Wednesday, May 21-24, 2000. Mrs. Smith is a Past Grand Matron
and is hosting approximately 2, 500 attendees.
May 23, 2000
Item V-E.
- 18-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 46638
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE
CLOSED 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 Closed Session to which
this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Closed Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Beso u o
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM ii 4663 7, 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 Closed 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 Closed Session to
which this certification resolution applies; and, (b) only such public business matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
R/uth Hodges S~mith, MMC
City Clerk
May 23, 2000
- 19-
Item V-F. 1.
MINUTES
ITEM # 46639
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of May 9, 2000.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-G.I.
- 20 -
,4DOPT ,4 GEND,4
FOR FORM,4L SESSION
ITEM # 46640
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORM,4L SESSION
The following shah be ,4DDED TO THE.4 GEND,4:
Resolution authorizing and directing the City Manager and City Attorney
to take any and all actions necessary to upgrade the quality of conditions
at the Resort ,4rea; and, help City Council achieve its goal of developing
the City into a World-Class Resort destination.
May 23, 2000
Item V-G.2.
- 21 -
PRESENT~4 TION
ITEM # 46641
Mayor Oberndorf recognized the following Boy Scout in attendance to earn his civic badge:
Ian $carboough
May 23, 2000
V-Hd.
PUBLIC HEARING
- 22 -
ITEM # 46642
Mayor Oberndorf DECLARED A PUBLIC HEARING:
SALE OF EXCESS CITY OWNED PROPERTY- FOX FIRE SUBDIVISION
The following registered to speak and registered concern relative the City selling the property to only
twenty-four (24) landowners as stipulated rather than all thirty-one (3!) owners of the lots adjacent to the
City property:
Frank Gillikin, 2756 Renaissance Way, Phone: 427-3242, represented the land owners
Margaret Sullivan, President- Foxfire Civic League, 2744 Renaissance Way, Phone: 426'0662
Doug Hovermace, 2311 Esplanade Drive, Phone: 430-0668
Peter Snyder, 2760 Renaissance Way, Phone: 427-9641
Mayor Oberndorf CLOSED THE PUBLIC HEARING.
May 23, 2000
- 23 -
V-Io
ORDINANCES/RESOL UTIONS
ITEM tl 46643
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED, BY
CONSENT, Items 1 (DEFERRED), 2, 4, 6, 7 and 8 of the CONSENT AGENDA.
Item I was DEFERRED, BY CONSENT, until the City Council Session of June 6, 2000.
Item 3 was REMOVED, BY CONSENSUS.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan voted a VERBAL NA Y ltem 8.
May 23, 2000
V-I. 1.
- 24 -
ORDINANCES/RESOLUTIONS
ITEM # 46644
The Property shall only be conveyed to 24 land owners rather than the 31 owners who had petitioned the
City to purchase this property. The City Manager advised the areas adjacent to seven of the lots nearest the
City Park are no~t recommended as EXCESS to keep the public area as large as possible and to provide
access to this public area from Esplanade Drive. The residents have been maintaining these areas as part
of their yards.
Council Lady Henley believed these properties should be incorporated immediately into the park, so these
concerns relative overgrown areas not continue to be a problem.
This DEFERRAL will enable response by Parks and Recreation Staff who were not in attendance.
Information relative the acreage of the Park, the cost of the excess property and regular maintenance of
the property nearest to the City Park shall be provided.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED, until
the City Council Session of June 6, 2000:
Ordinance DECLARING certain City right-of-way EXCESS property
at Fox Fire subdivision and AUTHORIZING the City Manager to
convey same to the adjacent twenty-four (24)property owners, (value of
the property to be determined by fair market value appraisal); the City
shah retain the right to reserve a 20' drainage and utility easement.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
V-I.2.
ORDINANCES/RESOL UTIONS
- 25 -
ITEM # 46645
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
L YNNHA VEN PARKWA Y, PHASE IX:
Resolution re a location, design Public Hearing to request the
Virginia Department of Transportation (VDOT) place the aerial
utilities underground with this project.
Ordinance to AUTHORIZE advance acquisition of property in
fee simple for right-of-way, by purchase or condemnation, for
this project.
Ordinance to ESTABLISH the right-of-way between Lishelle
Place and Holland Road as an underground utility corridor.
AUTHORIZE the Director of Public Works to execute all
necessary documents for this project.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
RESOLUTION FOR LOCATION AND DESIGN
PUBLIC HEARING APPROVAL: LYNNHAVEN
PARKWAY, PHASE IX
WHEREAS, a Location and Design Public Hearing ("Public Hearing") was conducted on
November 17, 1999, in the City of Virginia Beach by representatives of the City of Virginia Beach,
after due and proper notice, for the purpose of considering the proposed location and design of
Lynnhaven Parkway, Phase IX, CIP # 2-157, (VDOT Project # U000-134-V32) (the "Project") in
the City of Virginia Beach, at which drawings and other pertinent information were made available
for public inspection in accordance with state and federal requirements;
WHEREAS, all persons and parties in attendance were afforded full opportunity to
participate in said Public Heating;
WHEREAS, representatives of the Virginia Department of Transportation were present and
participated in said Public Hearing;
WHEREAS, the Council had previously requested the Virginia Department of
Transportation to program this Project;
WHEREAS, the City of Virginia Beach has, on this date, passed an ordinance designating
Lynnhaven Parkway between Lishelle Place and Holland Road as an underground utility corridor
and providing that all new utility facilities installed within the Lynnhaven Parkway right-of-way
shall be placed underground; and
WHEREAS, the Council has considered all such matters.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. The location and major design features of this Project, as presented at the Public
Hearing, are hereby approved;
2. The Virginia Department of Transportation is hereby requested to acquire all rights-
of-way necessary for this Project, and to convey said rights-of-way to the City at the appropriate
time;
3. The Virginia Department of Transportation is hereby requested to place the aerial
utilities underground with this Project; and
4. The Director of Pubic Works is hereby authorized to execute, on behalf of the City
of Virginia Beach, all necessary utility agreements required in conjunction with acquiring such
rights-of-way.
May Adopted by the Council of the City of Virginia Beach, Virginia, on this__23 day of ., 2000.
CA7709
F:\DataLATYXOrdin\NONCODE\Lynnhaven Pkwy Phase IX.res.wpd
R-4 - May 15, 2000
APPROVED AS TO CONTENTS:
[~bepa/~~~
APPROVED AS TO LEGAL SUFFICIENCY:
City Attorney s Office~
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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 OR CONDEMNATION
WHEREAS, on February 10, 1998, City Council adopted a resolution requesting the
Virginia Department of Transportation to shift the alignment to the west to design and construct this
project;
WHEREAS, the additional design for dual left lanes on Lynnhaven Parkway at South
Lynnhaven Road intersection severity impacted Parcel "EI" (801 Kimbleton Court) owned by Debra
E. Morelli and Parcel "EJ" (800 Kimbleton Court) owned by Louis H. and June Klag (the
"Owners");
WHEREAS, Virginia Code § 33.1-91 authorizes the acquisition of these parcels because the
damage to the parcels will approximate the value of the property;
WHEREAS, the Owners have requested the City to acquire (Total takes) of their property
with this project;
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 project and intersection improvements
and the acquisition of these parcels, in order 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 by purchase or condemnation,
pursuant to §§ 15.2-1901 et seq., Code of Virginia of 1950, as amended of all that certain real
property in fee simple known as Parcels "EI" and "EJ" as shown on the Location Map entitled,
"LOCATION MAP FOR LYNNHAVEN PARKWAY, PHASE IX, 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 Virginia Beach, to the extent that funds are available, a reasonable offer to the
Owners or persons having an interest in the property. If refused, the City Attorney is hereby
authorized to institute proceedings to condemn said property.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day
1 of
.,2000.
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May 10, 2000
R-1
APPROVED AS TO CONTENTS
APPROVED AS TO LEGAL SUFFICIENCY
AND FORM
City Attorney's Office
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AN ORDINANCE TO ESTABLISH THE LYNNHAVEN PARKWAY
RIGHT-OF-WAY BETWEEN LISHELLE PLACE AND HOLLAND
ROAD AS AN UNDERGROUND UTILITY CORRIDOR
WI-IEREAS, the Lynnhaven Parkway Phase IX Project, CIP # 2-157 (the "Project"), has
been approved by City Council in order to widen the current section of roadway between Lishelle
Place and Holland Road;
WI-IEREAS, the City of Virginia Beach also wishes to improve the safety and aesthetics of
the Project limits;
WHEREAS, City Council previously requested the Virginia Department of Transportation
to program this Project into its Six-Year Improvement Plan;
WHEREAS, the Virginia Department of Transportation has adopted a policy to pay 50%
of the additional costs to relocate existing overhead private utility lines underground, which requires
the City to adopt an ordinance to establish the limits of underground utility districts, corridors or
areas;
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15 WHEREAS, City Council has already enacted requirements through the City's site plan and
16 subdivision ordinances that require new development to place new utility lines underground; and
17 WHEREAS, City Council has appropriated sufficient funding, through the City of Virginia
18 Beach Capital Improvement Program, to pay the City's share of the estimated cost to relocate
19 existing overhead utility lines underground.
20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA:
22 1. The Lynnhaven Parkway right-of-way between Lishelle Place and Holland Road is
23 hereby designated as an underground utility corridor and all new utility facilities installed within the
24 Lynnhaven Parkway right-of-way shall be placed underground; and
25 2. The Director of Public Works is hereby authorized to execute an agreement with the
26 Virginia Department of Transportation and the utility owners within the Lynnhaven Parkway right-
27 of-way for the necessary utility relocations.
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29 of May Adopted by the Council of the City of Virginia Beach, Virginia, on this ~ day
,2000.
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37 ~ty Attorney s Office
/5~Department Works
LYNNHAVEN
MALL
PARCEL
Ct~
LOCATION MAP
SCALE: 1"" 2,640'
(801
Denotes displacements of
homes at project cost
Denotes homes at 801 and
800 Kimbleton Court
LOCATION MAP
LYNN HAVEN PARKWAY
CIP -//'2-157
SCALE: 1" -- 900'
FOR
PHASE IX
PREPARED BY P/W ENG. DRAFT. 1/15~8
REVISED 12/17/98, 3~1/00
PROJECT LOCATION AND DESIGN
RESOLUTION
WHEREAS, a Citizen InFormation Meeting was conducted August 14, 1996 in the
City of V~ Beach by representatives of the Virl~inia Department of Transportation at~er
duo and proper notice for tho purpose of considering the proposed improvements to
Lymdmven Parkway, Phase IX, VDOT Project # U000-134-V32, (CIP 2-157) in the City of
Virginia Bench, nt which drawings nnd other pertinent information were made available' for
public.review; and
~fIHi'.i~K~.t~, nil pel~on~ and parties in attendance were afforded full opportunity to
participate in said Citizen Information Meeting; nnd representatives of the VirF, inia
Department of Trnnsportntion were present and participated in said meeting; and
WHEREAS, the City Council has considered all such matters; now
THKRKFORE, BE IT RESOLVED tlmt the Council of the City of Virginia Beach
requests the VirF, inia Department of Transportation pursue the attached design "Option C"
of Lynnhaven Parkway that removes ns many residential driveway conflicts as possible.
Adopted this lo day of Febrva, rl~98, City of Virginia Beach, Virginia.
ATTEST:
APPROVED A3 TO
LEGAL SUFFIC
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V-I.3.
ORDINANCES/RESOL UTIONS
ITEM # 46646
BY CONSENSUS, City Council REMOVED FROM THE AGENDA:
Ordinance to AMEND 3~ 7-50 of the City Code by adding a provision
pertaining to the operation of four-wheeled bicycles in the resort area
(April 15 thru September 30).
This item will be REMOVED from the Agenda and SCHEDULED for a future City Council Session. The City
Staff shall comprehensively review this Ordinance, encompassing the hours of operation, regulation of the
number allowed for rental, abuse by renters and the various locations where these particular bicycles may
be operated.
May 23, 2000
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V-I.4.
ORDINANCES/RESOL UTIONS
ITEM # 46647
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ABOLISH the Erosion Commission and REPEAL 3~ 6-
161 through 3~ 6 - 165 of the Code of the City of Virginia Beach; and,
ESTABLISH the Beaches and Waterways Advisory Commission as the
successor to terminate 30 June 2005
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William I~.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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AN ORDINANCE TO ESTABLISH
THE BEACHES AND WATERWAYS
ADVISORY COMMISSION
WHEREAS, on several occasions during the past few years,
members of City Council have suggested that it would be beneficial
to establish a separate Council-appointed agency to advise the
Council on policy and program issues related to the City's beaches
and waterways;
WHEREAS,
Manager appointed
advantages
in furtherance of this suggestion, the City
a policy development group to evaluate the
and disadvantages of such an agency, identify
alternative courses of action, and make recommendations regarding
the course of action it deemed to be in the best interests of the
City; and
WHEREAS, in a Policy Report presented to City Council, as
well as a Council briefing held on April 25, 2000, the policy
development group recommended the establishment of a new Council-
appointed commission whose purpose would be to serve as a successor
to the Erosion Commission, to review beach and waterway-related
issues referred to it by City Council, and to make recommendations
to City Council regarding such issues.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That City Council hereby abolishes the Erosion
Commission.
2. That §§ 6-161 through 6-165 of the Code of the City
of Virginia Beach pertaining to the Erosion Commission are hereby
repealed.
3. That City Council hereby establishes the Beaches and
Waterways Advisory Commission (the "Commission") as the successor
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4. That the Commission shall be comprised of seven (7)
members, with one (1) member being appointed by City Council from
the residents of each of the City's seven (7) election districts.
5. That the initial terms of the members appointed from
the Bayside, Beach and Centerville districts shall be for three (3)
years; the initial terms of the members appointed from the
Kempsville and Lynnhaven districts shall be for two (2) years; and
the initial terms of the members appointed from the Princess Anne
and Rose Hall districts shall be for one (1) year. Thereafter, the
terms of all such members shall be for three (3)years.
6. That the purpose of the Commission shall be to serve
in an advisory capacity to City Council with respect to beach and
waterway-related issues. Specifically, in furtherance of said
purpose, it shall be the responsibility of the Commission:
a. To review issues referred to it by City Council
concerning access to, and the preservation, development and use of,
the City's beaches and waterways, and to make recommendations to
City Council regarding such issues; and
b. To serve as the City's local erosion advisory
commission and carry out the responsibilities imposed on such local
commissions pursuant to § 10.1-711 of the Code of Virginia.
7. That the Commission shall be governed by its bylaws,
a copy of which is attached hereto as Exhibit A, and incorporated
by reference.
8. That the Commission shall terminate automatically at
midnight on June 30, 2005, unless terminated or extended by City
Council prior to that date.
'000~ ' A~l ~o X~p g~ ~M~ uo '~UT6CTA
'Mo~ ~TUT6CTA ~o X~TD ~M~ ~o I~ounoo ~M~ Xq p~dopv
O9
EXHIBIT A
BYLAWS
BEACHES AND WATERWAYS ADVISORY COMMISSION
ARTICLE I
NAME
The name of the commission shall be the Beaches and Waterways Advisory Commission.
ARTICLE II
PUReOS_.___E_E
The purpose of the Commission shall be:
To review issues referred to it by City Council concerning access to, and the preservation,
development and use of, the City's beaches and waterways, and to make recommendations
to the City Council regarding such issues.
To serve as the City's local erosion advisory commission and carry out the responsibilities
imposed on such local commissions pursuant to § 10.1-711 of the Code of Virginia.
ARTICLE III
MEMBERS
Section 1. Number. The Commission shall be comprised of seven (7) members, with one (1)
member being appointed by City Council fi.om the residents of each of the City's seven (7) election
districts.
Section 2. Term. The initial terms of the members appointed from the Bayside, Beach and
Centerville districts shall be for three (3) years; the initial terms of the members appointed from the
Kempsville and Lynnhaven districts shall be for two (2) years; and the initial terms of the members
appointed from the Princess Anne and Rose Hall districts shall be for one (1) year. Thereafter, all
members shall be appointed for a term of three (3) years. In accordance with § 2-3 of the City Code,
no member shall be appointed to serve more than three (3) consecutive three-year terms. All initial
appointments shall commence on the same date.
Section 3. Qualifications. Each member must be a resident of the district from which he or she
is appointed. The appointees shall have knowledge and experience concerning beach and waterway-
related issues.
Section 4. Chair and Vice-Chair. The Chair and Vice-Chair shall be appointed by a majority vote
of the Commission and shall serve for a term of one (1) year. The Chair (or Vice-Chair in the
Chair's absence) shall preside over all meetings of the Commission. The Chair and Vice-Chair may
be re-appointed for additional terms.
Section 5. Attendance. Attendance records shall be kept at each meeting of the Commission and
an annual report of the attendance of the members shall be filed with the City Clerk by June 30 of
each year for review by City Council. No member shall accumulate an annual total of more than
three (3) absences (or be absent fi.om more than one-fourth of the total number of meetings). If this
limitation is exceeded for reasons other than personal illness, death, or other unusual circumstances,
the appointment shall be terminated automatically, or as otherwise prescribed by law. Members
shall be paid $50.00 for each meeting attended.
Section 6. Vacancies. A vacancy caused by death, resignation, termination, expiration, or
otherwise shall be filled by City Council for the unexpired term thereof, or in the case of an
expiration, for three (3) years, within thirty (30) days of said vacancy.
ARTICLE IV
MEETINGS
Section 1. Regular meetings. The Commission shall meet at least once a month at a time and
location to be determined by the Chair upon consultation and coordination with the other members.
Section 2. Special meetings. A special meeting may be called by the Chair or three (3) members
of' the Commission, or may be convened by City Council, to consider any matter that, in the
determination of the Chair, the members, or the City Council, needs to be addressed prior to a
regular meeting.
Section 3. Requirements. A majority of Commission members shall be present in order for any
official action to be taken. All actions of the Commission shall be conducted at a regular or special
meeting and shall require a majority vote of those members present.
ARTICLE V
REPORTS
Section 1. Annual report. Within forty-five (45) days of the end of the fiscal year, the
Commission shall prepare, and submit to City Council, an annual report of its activities,
recommendations, and proposals, including a financial statement, if applicable. Interim reports to
City Council may be provided when deemed appropriate or necessary by the Commission or the
Council.
Section 2. Requirements. All reports shall be approved by a majority of the members of the
Commission. In any report to the Council, the Commission shall identify any conflicts that its report
may have with the proposals and/or recommendations of other City agencies.
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ARTICLE VI
COORDINATION
Section 1. City departments. The CommiSsion shall work with and through the Department of
Public Works (the" ,, ·
Department ) which shall, in close cooperation with the City Manager's Office,
be responsible for coordinating the efforts of the Commission with other City departments, boards,
and commissions to (1) ensure that there is no unnecessary duplication of efforts; (2) enable the
Commission to review the proposals and recommendations of such other City departments, boards
and commissions for compatibility (or incompatibility) with Commission objectives; and (3) enable
such other City departments, boards and commissions to review and provide comments on
Commission-generated proposals and recommendations.
Section 2. Other agencies. The Conunission and the Department shall make a special effort to
establish open lines of communication with other agencies involved in the review of beach and
waterway-related issues.
ARTICLE VII
COMMITTEES
The Chair of the Commission shall have the authority to appoint committees, comprised of
members of the Commission and non-members with special expertise, to study and review specific
areas of concern and to report back to the full Commission for such action as the Commission may
deem appropriate.
ARTICLE VIII
-AMENDMENTS
No alteration, amendment, or repeal of these Bylaws or any section hereof shall be effective
without the prior consent of City Council.
ARTICLE IX
_TERMINATION
The ConrmisSion shall terminate automatically at midnight on June 30, 2005, unless
terminated or extended by City Council prior to that date.
These Bylaws [as amended] are hereby adopted as of this day of
the Council of the City of Virginia Beach, Virginia. ~
,2000, by
F:~'Data~ATY~Ordin\NONCODE~B&W Bylaws-4-2000.wpd
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V-I. 5.
ORDINANCES/RESOL UTIONS
ITEM it 46648
Attorney R.E. Bourdon, Pembroke one, Fifth Floor, Phone: 499-8971, advised the application is only
relative two (2) security gates, which traverse the applicant 's property. These portions of the alley will be
for pedestrian access. This application does not refer to the alley which separates Mr. Rodio 's property
to the north.
The following registered in OPPOSITION:
Chester Rodio, 206 16th Street, Phone: 428-0048, owner of parcel of property from Atlantic Avenue down
16th Street, comprising approximately 200feet.
Joseph tV. Cotton, 3952 Oak Ridge Circle, Phone: 428-2930
Upon motion by Councilman Branch, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AUTHORIZE temporary encroachments into a portion of
city owned right-of-way (20' alley) at 1500 Atlantic Avenue for
EIVALBE, L.L.C. re two (2) security gates; and, authorize the City
Manager to execute the necessary documents.
The following conditions shall be required.':
The temporary encroachment shall 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's specifications and approval as to size, alignment and
location.
The temporary encroachment shall terminate upon notice by the
City to the applicant and, within thirty (30) days after such
notice is given, the temporary encroachment must be removed
from the encroachment area by the applicant and the applicant
will bear all costs and expenses of such removal.
The applicant shall indemnify and hoM harmless the City, 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 the temporary encroachment.
No permission or authority is given to the applicant 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 any one other than the applicant.
5. The applicant agrees to maintain the temporary encroachment so
as not to become unsightly or a hazard.
Requests for exceptions must be submitted to the Highway
Operations Division, Department of Public Works for final
approval.
The applicant must obtain a permit from the Office of
Development Services Center/Planning Department prior to
commencing any construction within the encroachment area.
Prior to issuance ora right-of-way permit, the applicant must
post sureties, in accordance with their engineer's cost estimate,
to the Office of Development Services Center/Planning
Department.
May 23, 2000
V-I. 5.
ORDINANCES/RESOL UTIONS
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ITEM # 46648 (Continued)
10.
11.
The applicant must obtain and keep in force all-risk property
insurance and general liability or such insurance as is deemed
necessary by the City, and all insurance policies must name the
City as additionally named insured or loss payee, as applicable.
The applicant also agrees to carry comprehensive general
liability insurance in an amount not less than $500,000,
combined single limits of such insurance policy orpolicies. The
applicant will 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 all responsibilities and
liabilities, vested or contingent, with relation to the temporary
encroachment.
The temporary encroachment must conform to the minimum
setback requirements, as established by the City.
The city, upon revocation of such authority and permission so
granted, may remove the temporary encroachment and charge
the cost thereof to the applicant and collect the cost in any
mannerprovided by law for the collection of local or state taxes;
may require the applicant to remove the temporary
encroachment; and pending such removal, the city may charge
the applicant for the use of the encroachment area, the
equivalent of what would 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 ordered herein above
by the Agreement, the city may impose a penalty in the sum of
One Hundred Dollars ($100) per day for each and every day that
the temporary encroachment is allowed to continue thereafter
and may collect such compensation and penalties in any manner
provided by law for the collection of local or state taxes.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
This item was MOVED AFTER the Planning Application of Charles G. & Susan L. Barker (Item J. 2.), in
order for the Attorney and the registered speakers to confer relative clarification of the item.
May 23, 2000
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE
TEMPORARY ENCROACHMENTS
INTO A PORTION OF A 20' ALLEY BY
EWALBE, L.L.C., ITS HEIRS, ASSIGNS
AND SUCCESSORS IN TITLE
WHEREAS, EWALBE, L.L.C., desires to construct and maintain security gate
and walkway into the City's right-of-way known as a 20' alley located in Block "B" at 1500
Atlantic Avenue.
WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-
2107, 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 15.2-2107, Code of Virginia, 1950, as amended EWALBE, L.L.C. its heirs, assigns
and successors in title is authorized to construct and maintain a temporary encroachment for
two security gates in the City's right-of-way as shown on the map entitled: "CONCEPT
PLAN OF AMUSEMENT PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1"
20' · DATE-1' 16'2000", a copy of which is attached; 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 EWALBE, L.L.C., (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.
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day of
BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until
such time as EWALBE, L.L.C. and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23
,2000.
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CA-
PREPARED: April 20, 2000
APPROVED AS TO C~ONTENTS
SIGNATURE
z DEPARTMENT
APPROVED AS TO LEGAL
CITY ATTORNEY
ITE
SCALE 1".1600'
LOCATION MAP
LOCATION MAP FOR RIGHT OF WAY ENCROACHMENT
FOR EW^LBE L.L.C. FOR ^ SECURITY FENCE IN THE
20' ALLY AT THE PROPOSED
AMUSEMENT PARK AT 15th STREET
SCALE:I' -- 200'
PREPARED BY V1RGINIA BEACH
CITY ATTORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58.1-81 l(a)(3)
AND 58. I-811 (c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
between the
THIS AGREEMENT, made this ti day of ~t'lD(~ , 20 ~7), by and
!
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and EWALBE, LLC ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even
though more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
designated and described as "Amusement Park ~ 15TM Street" and being further designated and
described as LOTS 7 TO 14 BLK B- 1500 Atlantic Avenue- LOTS 15 TO 22 BLK B. Virginia
Beach, Virginia 23451; and
That, WHEREAS, it is proposed by the Grantee to construct and maintain two
security gates and pedestrian walkway, "Temporary Encroachment", in the City of Virginia
Beach; and
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is
necessary that the Grantee encroach into a portion of an existing City right of way known as a 20'
Alley "The Temporary Encroachment Area"; and the Grantee has requested that the City permit
a Temporary Encroachment within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
GPIN 2427-16-957i & 2427-16-8417
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the 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's specifications and approval and is
more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled: "CONCEPT PLAN OF AMUSEMENT
PARK AT 15TM STREET, VIRGINIA BEACH · SCALE = 1" - 20'
· DATE = 1' 16'2000", a copy of which is attached hereto as Exhibit
"A" and to which reference is made for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses'of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, 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 the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the 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
Grantee.
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It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
Requests for exceptions must be submitted to the Highway Operations Division,
Department of Public Works, for final approval.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance ora right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000.00, combined single limits of such insurance policy or
policies. The Grantee will 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 Grantee assumes all responsibilities and liabilities, vested or contingent, with
relation to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary
Encroachment must conform to the minimum setbacks requirements, as established by the City.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
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cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee; and if such removal shall not be made within the time ordered herein above by
this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per
day for each and every day that the Temporary Encroachment is allowed to continue thereafter,
and may collect such compensation and penalties in any manner provided by law for the
collection of local or state taxes.
IN WITNESS WHEREOF, the said EWALBE, LLC has caused this Agreement to
be executed in its corporate name and on its behalf by its managing partner, and its corporate seal
to be hereto affixed and duly attested by its corporate secretary with due authority by its board
of directors. 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
(SEAL)
ATTEST:
By
City Manager/Authorized
Designee of the City Manager
City Clerk
EWALBE, LLC
Edward A. Tebele
Managing Partner
STATE OF VIRGINIA
CITY OF VIRG1NIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
,20 , 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:
The foregoing instrument was acknowledged before me this day of
,20 , by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH.
My Commission Expires:
Notary Public
STATE OF VIRGINIA
CITY/C(][1Olx~Y OF VIRGINIA BEACH , to-wit:
The foregoing instrument was acknowledged before me this llth
April
LLC.
day of:
,2000, by EDWARD A. TEBELE, MANAGING PARTNER on behalfofEWALBE,
My Commission Expires:
August 31, 2002
- ' '- "lqot~v) iSublifi '
APPROVED AS TO
LEGAL SUFFICIENCY
CITY ATTORNEY
APPROVED AS TO CONTENT
CITY REAL ESTATE AGENT
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V-I. 6.
ORDINANCES/RESOL UTIONS
ITEM # 46649
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $3,159 from the FY 2000 General Fund
Reserve for Contingencies to the operating budget of the Department of
Housing and Neighborhood Preservation to reimburse a city employee
for legal fees and expenses incurred during the performance of official
duties.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT
OF $3,159 FROM THE FY 2000 GENERAL FUND
RESERVE FOR CONTINGENCIES TO THE FY 2000
OPERATING BUDGET OF THE DEPARTMENT OF HOUSING
AND NEIGHBORHOOD PRESERVATION FOR THE PURPOSE
OF REIMBURSING A CITY EMPLOYEE FOR LEGAL FEES
AND EXPENSES
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WHEREAS, an employee of the Department of Housing and
Neighborhood Preservation was charged with assault for actions
arising out of the performance of her official duties;
WHEREAS, at a trial held in the Virginia Beach General
District Court on January 31, 2000, the charge was dismissed;
WHEREAS, in her defense of said charge, the employee incurred
legal fees and expenses in the amount of $3,159, and has requested
the City to reimburse her for such fees and expenses;
WHEREAS, Section 15.2-1521 of the Code of Virginia provides
that "[i]f any officer or employee of any locality is investigated,
arrested or indicted or otherwise prosecuted on any criminal charge
arising out of any act committed in the discharge of his official
duties, and no charges are brought, or the charge is subsequently
dismissed, or upon trial he is found not guilty, the governing body
of the locality may reimburse the officer or employee for
reasonable legal fees and expenses incurred by him in defense of
the investigation or charge, the reimbursement to be paid from the
treasury of the locality"; and
WHEREAS, the City Attorney's Office has reviewed the
circumstances of this case, assessed the itemized bill submitted by
the employee's legal counsel, and determined that the legal fees
and expenses incurred by the employee are reasonable.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That funds in the amount of $3,159 are hereby transferred from
the FY 2000 General Fund Reserve for Contingencies to the FY 2000
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Operating Budget of the Department of Housing and Neighborhood
Preservation for the purpose of reimbursing a City employee for
legal fees and expenses incurred by her in her defense of a
criminal charge brought against her arising out of the performance
of her official duties.
Adopted by the City Council of the City of Virginia Beach on
this 23 day of May , 2000.
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CA-7623
DATA/ORDIN/NONCODE/Employee Reimbfee.ORD
May 15, 2000
R2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL.
SUFFICIENCY:
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V-LT.
ORDINANCES/RESOL UTIONS
ITEM # 46650
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER and APPROPRIATE $660,535 from the
General Fund Reserve for Contingencies to the FY2000 Virginia Beach
Court Service Unit operating budget re Juvenile Detention Services and
Group Home Services.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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AN ORDINANCE TO FULLY FUND REQUIRED JUVENILE
SECURE, NON-SECUREAND OUTREACH DETENTION, AND
GROUP HOME SERVICES BY TRANSFERRING
APPROPRIATIONS OF $660,535 FROM THE GENEP~AL
FUND RESERVE FOR CONTINGENCIES TO THE FY 2000
VIRGINIA BEACH COURT SERVICE UNIT OPEP_ATING
BUDGET
8 WHEREAS, uncontrollable trends will create a deficit in the
9 Virginia Beach Court Service Unit's FY 2000 Operating Budget for usage of
10 secure, non-secure and outreach detention services, and community-based
11 treatment services for juveniles under their supervision that are ordered
12 by the Virginia Beach Juvenile and Domestic Relations District Court;
13 WHEREAS, to prevent the deficit, the Virginia Beach Court
14 Service Unit has requested that City Council provide additional funding
15 in the amount of $660,535 to
16 appropriations are available in
17 Contingencies to meet these needs.
meet these increased needs, and
the General Fund Reserve for
18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That $660,535 of previously appropriated funds are hereby
21 transferred from the General Fund Reserve for Contingencies to the FY
22 2000 Operating Budget of the Virginia Beach Court Service Unit for the
23 purpose of fully funding required juvenile secure, non-secure and
24 outreach detention, and group home services.
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23 Adopted by the Council of the City of Virginia Beach, Virginia, on the
day of M~y , 2000.
27 Requires an affirmative vote by a majority of the members of City Council.
28 CA-7708
29 F:~Data\ATY\Ordin\NONCODElgroup home services.ord.wpd
30 May 17, 2000
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3 6 Management Services
Approved as to Legal
Sufficiency:
City Attorney's Office
Rev. Gerald O. Glenn
DIRECTOR
COMMONWEALTH o[ VIRQINIA
Department of Juvenile Justice
Second ludicial ~istrict Court Service Unit
Bruce E. Brisht
COURT SERVICES DIRECTOR
MAILING ADDRESS:
2305 Judicial Blvd.
Building 10-A
Virginia Beach,
Virginia :23456-9052
(757) 427-4361
Fax: (757) 42.6-5628
SERVING:
Virginia Beach
TO:
FROM:
RE:
Date:
James Spore, City Manager
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Bruce Bright, Court Service Unit Directo,,,.z_.. ~-,-'6a... ,5
Supplemental Appropriation for Juvenile Detention and Group Home Services
May 18, 2000
To help distinguish this agenda request fi.om the CSA agenda request in March, I offer the following
explanation. The Comprehensive Services Act (CSA) agenda request included supplemental money
for both mandated (Social Services) and non-mandated (mostly Juvenile Court) cases. This pool of
money is for children or juveniles that need special services (usually psychiatric services that often
includes a residential treatment placement). This service may be for children (as well as juveniles)
who are in foster care under the care of the Department of Social Services or for juveniles who are
before the court on some type of charge. Last year the CSA budget for court cases (non-mandated)
was committed when the fiscal year started because of the number of juveniles who were already in
placement when the fiscal year began. There was also a shortage of money for DSS due to new
Medicaid regulations. In summary the CSA supplement in March was to continue to fund juveniles
who were court ordered into special residential placements and other in-home services and to fund
a shortage of money for children in foster care also receiving special services or placements. The
majority of money was for non-mandated cases. CSA money is not used for juveniles being held in
secure or non-secure detention while they are waiting for their trial. No part of the CSA money is
used to fund local group homes operated by the Tidewater Regional Group Home Commission.
The current request for additional appropriations of $660,535 is needed to fund different types of
services than CSA services. These are court-ordered services to be provided to juveniles under
supervision of the Court Service Unit that are awaiting trial and for some juveniles found guilty of
criminal or non-criminal status offenses (e.g. truancy, curfew violation). These services include
secure, non-secure outreach detention and group home services for juveniles awaiting trial and group
home services for juveniles after they are found guilty and sentenced by the Court. Juveniles posing
the highest risk of danger to themselves and the community are placed in secure detention primarily
at the City of Chesapeake's Tidewater Detention Home. Infrequently, other secure detention homes
are used for juveniles when arrested out of town and detained for our court. Recently, the City of
Chesapeake notified the Court Service Unit that it will be imposing a 51 per day usage quota on
Virginia Beach to alleviate the severe crowding that has occurred. You may have seen an article on
this in the newspaper. The average daily usage for the Court Service Unit for FY 1999-00 was 62
per day. Juveniles posing less of a risk of danger to themselves and the community are held in shelter
care or non-secure detention at the Virginia Beach Crisis Home or Salem House, which are operated
by the Tidewater Regional Group Home Commission. Juveniles presenting the least amount of
danger to themselves and the community are allowed to live at home and are placed on outreach
detention using Challenge Outreach and/or Electronic Monitoring programs operated by the
Tidewater Regional Group Home Commission. Some juveniles who are found guilty are placed in
other local group homes operated by the Commission with the expectation that we will be able to
stabilize these juveniles with the goal of returning the juveniles to their parents.
Will building and operating our own detention home keep this problem fi.om happening again? Is this
problem preventable? The new local detention home will have its own budget and will somehow deal
with crowding when it happens, through their own budget. In other words, the demand for services
and cost will not go away nor decline, but will be shifted to another City budget. The use of programs
provided by the Tidewater Group Home Commission and others providing alternatives to detention
will continue to occur after the Virginia Beach Detention Center is operational. Rate increases for
Tidewater Regional Group Home Services have and are anticipated to occur. The demand for and
usage of all of these services are driven by the philosophies of the Court and the community in response
to different criminal and non-criminal behaviors among juveniles. Predicting the amount of usage has
been difficult for the Court Service Unit. By placing additional funds in a detention reserve for
contingency account, the City has been able to fund the increasing usage of these services.
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V-I.&
ORDINANCES/RESOL UTIONS
ITEM # 46651
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolution to temporarily change the location of City Council meetings
due to planned repairs and renovations of the City Council Chambers to
the School Administration Building and direct the City Clerk to make
the general public aware of the changes.
Voting:
10-1 (By Consent)
Council Members Voting Aye:
dohn A. Baum, Linwood O. Branch, III,, Margaret L. Eure, William
Harrison, ,Ir., Barbara M. Henley, Louis R. done& Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessoms, ,Ir and
A.M. "Don" Weeks.
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 23, 2000
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A RESOLUTION TO TEMPORARILY CHANGE
THE LOCATION OF CITY COUNCIL
MEETINGS DUE TO PLANNED REPAIRS AND
RENOVATIONS OF THE CITY COUNCIL
CHAMBERS
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WHEREAS, Section 2-20 of the City Code provides that
~[r]egular formal meetings of the council shall be held in the
Council Chambers of the City Hall Building, Municipal Center,
Virginia Beach, Virginia, on the first and second Tuesdays of each
month at 2:00 p.m. and on the fourth Tuesday of each month at 6:00
p.m., unless such date shall fall upon a legal holiday, in which
case the meeting shall be held on the next succeeding day which is
not a holiday and at the same hour, except as otherwise provided by
special resolution of the council";
WHEREAS, the Council Chambers will be undergoing repairs
and renovations from July 15 through October 31, 2000; and
WHEREAS, these repairs and renovations will necessitate
a temporary change in the location of Council meetings.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That due to planned repairs and renovations of the
City Council Chambers, from July 15 through October 31, 2000,
regular formal meetings of City Council shall be held in the School
Board Chambers of the School Administration Building located in the
Municipal Center at 2512 George Mason Drive;
2. That, in order to avoid a conflict with the School
Board's meeting schedule, during this same period of time, City
Council will not meet on the first Tuesday of the month; and
3. That the City Clerk is hereby directed to take
adequate measures to ensure that the general public is made aware
of these temporary changes.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 23 day of May , 2000.
CA-7674
ODIN~NONCODE\ccmtgres.wpd
PREPARED: May 17, 2000
R2
APPROVED AS TO CONTENT:
General Services
APPROVED AS TO LEGAL
SUFFICIEN~
City's Office
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V-I. 9.
ORDINANCES/RESOL UTIONS
ITEM # 46652
Councilman Harrison referenced questions raised by the business community and if these were considered
during the formulation of this proposed Ordinance:
Page 6, Line 174 (fiat roofs and HVAC equipmenO: If the retail
establishment is within 300 feet of a public street, Item (2) in
Subparagraph (b) is fine; however, if the retail establishment is more
than 300feet from a public street, why should not this be an exemption?
Page 9, Sec. 246 (a) (2) (Shopping Center Site LayouO. Comments have
been made as this section is too restrictive on out-parcel parking. This
green space surrounding the out-parcel may force the developers to move
their buildings all the way to the back of the lot. It leaves too much
unbuildable space on an out-parcel.
Page 10, Line 295, the parking is permitted to be reduced 4 spaces per
1,000 square feet in establishments 80, O00 feet or greater. The majority
of retailers require 5 spaces per 1,000.
Council Lady Eure advised the item relative out-parcel parking was thoroughly discussed by the Review
Committee. Representatives of the business community were in attendance. Council Lady Eure referenced
the request of Pembroke Enterprises that Malls be exempted from this ordinance. This information has been
forwarded to City Staff
Assistant City Attorney William Macali distributed an amended Ordinance to be referred to the Planning
Commission. The Amendment on page 4 is extremely minor and states: "...that high-quality design elements
not addressed by the provisions of this part shall be encouraged. ".
Council Lady McClanan was concerned relative positive standards being addressed for large retail
establishments. The City needs to go forward not backward.
An outline of the concerns shall be forwarded to the Planning Commission. Robert Scott, Director of
Planning, advised the concerns will be reviewed.
Upon motion by Council Lady Eure, seconded by Council Lady Parker, City Council ADOPTED, with
revisions to the proposed Ordinance:
Resolution REFERRING to the Planning Commission proposed
amendments to 3~ 111 and Article Two of the City Zoning Ordinance
(CZO), establishing design and other standards for retail establishments
by no later than June 17, 2000.
Voting: 11- 0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William ~.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr and A.M. "Don" Weeks.
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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A RESOLUTION REFERRING TO THE PLANNING
COMMISSION PROPOSED AMENDMENTS TO SECTION 111
AND ARTICLE TWO OF THE CITY ZONING ORDINANCE,
ESTABLISHING DESIGN AND OTHER STANDARDS FOR
RETAIL ESTABLISHMENTS
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, proposed amendments to Section
111 and Article Two of the City Zoning Ordinance, establishing
design and other standards for retail establishments. A true copy
of such proposed amendments is hereto attached.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission be, and hereby is, directed to
transmit to the City Council its recommendations concerning the
aforesaid amendments by no later than June 17, 2000.
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Adopted by the City Council of the City of Virginia
Beach, Virginia, on the 23 day of May , 2000.
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CA-00-7714
wmm~ordres~retailestab.res
R-1
May 16, 2000
APPRQVED AS4~9,.CONTENT
Pla~~
APPROVED AS TO LEGAL
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AN ORDINANCE AMENDING SECTION 111 AND ARTICLE
TWO OF THE CITY ZONING ORDINANCE, ESTABLISHING
DESIGN AND OTHER STANDARDS FOR RETAIL
ESTABLISHMENTS
Section Amended: City Zoning Ordinance Section
111
Sections Added: City Zoning Ordinance Sections
243, 244, 245, 246, 247, 248 and 249
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 111 of the City Zoning Ordinance be, and hereby
is, amended and reordained, and Article 2 of the City Zoning
Ordinance be, and hereby is amended and reordained by the addition
of a new Part D thereto, consisting of Sections 243, 244, 245, 246,
247, 248 and 249, to read as follows:
ARTICLE 1. GENERAL PROVISIONS
Sec. 111. Definitions.
Retail establishment. Any building used for the display and
sale of merchandise to the general public at retail.
Shopping center. A group of two (2) or more retail or other
commercial establishments, including those located on outparcels,
having any or all of the following characteristics:
(a)
(b}
The establishments are connected by party walls,
partitions, canopies or similar features;
Some or all of the establishments are located in separate
buildings which are designed as a single commercial group
sharing common parking areas and vehicular ways and which
are connected by walkways or other access ways;
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(c) The establishments are under the same management or
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(d)
association for the purpose of enforcing reciprocal
agreements controlling management or parking; or
are structurally
The establishments
integrated fashion
around or along
designed in an
the sides of a
promenade, walkway, concourse or courtyard.
COMMENT
The CZO currently does not contain a formal definition of the term "retail establishment."
The amendment corrects that omission. The amendment also defines the term "shopping center."
ARTICLE 2.
GENERAL REQUIREMENTS AND PROCEDURES
APPLICABLE TO ALL DISTRICTS
[PART] D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS
AND SHOPPING CENTERS
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Sec. 243.
Findings of fact; intent.
The City Council finds that:
(1) while retail establishments, whether in the form
of single establishments or shopping centers, are
critical to the continued economic vitality of the
City and to the well-being of its citizens, they
can also have significant aesthetic, economic,
traffic-related and other impacts upon the
community;
because the viability of retail establishments
depends in large part upon high visibility from
public streets and location in busy areas of the
City, their building and site design has an
especially significant impact upon the character
and attractiveness of the City in general and its
streetscapes in particular;
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(3) the protection and enhancement of the positive
aesthetic qualities of the City, includinq its
commercially developed areas, has a direct and
substantial bearinq upon its continued economic
vitality, especially in liqht of the City's
reliance upon the economic benefits provided by
its tourism industry; and
(4) as noted by the Virqinia General Assembly, th~
visual environment confronted by individuals in
their daily routines has a profound effect on
personal attitudes and productive capacities.
(b) It is the intent of the City Council in adoptinq this
Part to promote retail development which utilizes hiqh-quality
desiqn and buildinq features in such manner as to enhance th~
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functional, as well as aesthetic, attributes thereof, and thereby
to protect and enhance the continued positive economic
development of the City, its businesses and its citizens.
COMMENT
This section sets forth findings of fact and the intent of the City Council in adopting the
following provisions.
Sec. 244. Applicability; rules of construction; modifications.
(a) The provisions of this Part shall apply to the
construction of new retail establishments, includinq conversions
of other uses to retail use, and to additions or expansions of
existinq retail establishments where the qross square footaqe of
floor area thereof is increased by fifty per cent (50%) or more.
(b) The requirements of this Part shall be in addition to
all other applicable ordinances, requlations and requirements,
and to the extent that any provision of this Part conflicts with
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any other ordinance, regulation or requirement, the provision of
this Part shall control.
(c) The use of the word "shall" denotes a mandatory
requirement. The use of the word "should" denotes a voluntary
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provision; provided, however, that when any proposed retail
establishment or shopping center requires the approval of the
City Council, whether by rezoning, conditional zoninq or
conditional use permit, the City Council shall, in determining
whether or not to grant such approval, consider the extent to
which the proposed retail establishment or shopping center
conforms to the voluntary provisions of this Part; and provided
further, that high-quality design elements not addressed by the
provisions of this Part shall be encouraged.
(d) The Planning Director is hereby authorized to allow
modifications of the requirements of this Part where such
modifications:
(e)
(1} are demonstrably necessary by reason of the
unusual shape, size, confiquration or other site
conditions of the property on which a retail
establishment or shopping center is souqht to be
located; and
(2) do not substantially reduce the overall quality of
the proposed development.
Nothinq in this section shall impair the riqht of any
proper party to apply to the Board of Zoning Appeals
for a variance from any of the provisions of this Part.
COMMENT
The provisions of this section:
(a)
state the circumstances in which the ordinance applies;
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(b) set forth the rules for resolving potential conflicts between the provisions of the
ordinance and other provisions of the CZO;
(c)
voluntary);
distinguish the meaning of the words "shall" (i.e., mandatory) and "should" (i.e.,
(d) state that, when a proposed retail development or shopping center which requires
City Council approval, one of the factors the City Council is to consider is the extent to which the
proposed development conforms to the voluntary provisions of the ordinance;
(e) authorizes the Planning Director to modify the requirements of the ordinance under
certain specified conditions; and
(f) preserves the right of appeal to the BZA in proper cases.
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Sec. 245. Buildinq desiqn.
The followinq buildinq desiqn features shall apD1Y to retail
establishments and shoppinq centers which are subject to the
provisions of this Part:
(a) Facades and exterior walls
(1) Buildinq facades visible from a public street and
qreater than one hundred fifty (150) feet in
lenqth, measured horizontally, should incorporate
wall plane projections or recesses having a depth
of at least three (3) feet;
(2) Buildinq fronts and sides of buildinqs oriented
toward a public street should incorporate features
such as arcades, display windows, entry areas,
false windows, awnings and similar features adding
visual interest;
(3) Facades not facinq public streets should
incorporate a repeatinq pattern that includes
changes in color, texture and material, each of
which should be inteqral parts of the buildinq and
not superficially-applied trim, qraphics, or paint.
At least one of the foreqoinq elements should
repeat horizontally. In addition, the structural
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(b)
or architectural bay pattern of the buildinq should
be expressed on the exterior throuqh the use of
reveals, projectinq ribs or offsets at a minimum
depth of twelve (12) inches;
(4) Facades not visible from a public street or from ~
private internal street or way used by the public
should be painted a coordinatinq color to
complement the front and side facades~ and
(5) In areas of the City characterized by urban-type
development, such as the Pembroke Town Center and
Oceanfront Resort Area, developers are encouraqed
to reduce the footprint of larqe retail
establishments throuqh the use of multiple levels.
Roofs
(1) Variations in roof lines should be accomplished
throuqh the use of overhanginq eaves, parapets, pop
outs, entrance features or heiqht variations. Th~
(2)
front of the buildinq should incorporate at least
one three dimensional feature.
Flat roofs and all rooftop equipment such as
heatinq, ventilation, and air conditioning (HVAC)
units shall be concealed from typical street level
view by the use of parapets or other means.
Parapets should feature three-dimensional cornice
treatment, rather than two-dimensional superficial
treatment.
Materials and Colors
(1) Exterior buildinq materials for all portions of ~
buildinq should be of hiqh quality and should
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(d)
exceed the level of quality required by the
Virginia Uniform Statewide Building Code.
Predominant exterior building materials should
(3)
include any combination of brick, wood, stone, or
tinted and textured concrete masonry.
Smooth-faced concrete block, tilt-up concrete
panels, or pre-fabricated steel panels should be
used as exterior buildinq materials only if such
materials have been incorporated into the overall
design of the building and reflect an overall
appearance of hiqh quality.
Facade colors for all portions of the buildinq
should be of low reflectance and of neutral or
earth tone, rather than primary, colors. Building
trim and accent areas may feature briqhter colors,
includinq primary colors.
Entr3~ways
Entryway design elements and variations shall provide
orientation to building. Buildings shall have clearly
defined, highly visible customer entrances, which should
incorporate two or more of the following features:
(2)
(3)
(7)
(S)
Canopies or porticos;
Overhanqs;
Recesses or projections;
Arcades;
Raised corniced parapets over entranceways;
Peaked roof forms;
Arches;
Outdoor patios;
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(e)
(9) Display windows;
(10) Architectural details such as tile work or moldings
integrated into the building structure and design;
or
(11) Integral landscaped areas or places for sitting.
Outdoor Display Areas, Vending Machines and Ground Leve7
Mechanical Equipment
(1) All outdoor display areas, including garden centers
and any seasonal sales, shall be enclosed on all
sides with high-quality fencing. Chain-link fences
are strongly discouraged. All outdoor display
areas shall be designated on the site plan and
shall not extend into parking areas.
(2) Vending machines shall not be visible from a public
street. If vending machines are present, building
facades should include an area screened from public
(3)
streets but visible to security personnel.
Mechanical or HVAC equipment shall not be installed
at ground level along any portion of a building
facing a public or internal street unless such
location is necessitated by the nature and design
of the building it serves. Such equipment shall be
screened by a solid fence or wall and native
plants, such as wax myrtle or leyland cypress,
having good screeninq characteristics. Shrubs shall
be at least three (3) feet high, and trees shall be
at least six (6) feet high, at planting. Plants
shall be spaced as directed by the City's
Landscaping, Screening and Buffering Specifications
and Standards, be maintained at all times in good
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condition and shall not be trimmed to a height
lower than the mechanical equipment they screen.
(f) Liqhtinq
(1) Outdoor liqhtinq fixtures should be coordinated a~
to style, material and color. Neutral and earth
tone colors of liqhtinq fixtures are encouraged.
Lighting throuqhout the site should overlap,
creatinq an even level of illumination throughout
the parkinq area. The use of pedestrian level
liqhting should be used alonq pedestrian walkways.
COMMENT
This section sets forth design standards for buildings which are subject to the ordinance.
Particular areas which are addressed include, facades and exterior walls, roofs, materials and colors,
entryways, outdoor display areas, vending machines and ground-level mechanical equipment and
lighting.
Sec. 246. Site desiqn.
The following site design characteristics shall apply to
retail establishments and shopping centers which are subject to
the provisions of this Part:
(a) Shoppinq Center Site Lavout
(1) Buildings on shopping center outparcels shall be
located so as to encourage pedestrian traffic and
highlight architectural details of the buildings.
No parking shall be permitted on outparcel sites
between such buildings and public streets.
(2) Subject to the provisions of subdivision (b) (1), in
shopping centers exceedinq five (5) acres in size,
there shall be no buildinqs, parkinq surfaces or
other above-qround imDrovements, except a~
specified herein, within thirty (30) feet of a
public street. The area within such setback shall
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(b)
contain a heavily-landscaped berm havinq a minimum
heiqht of three (3) feet measured from the level of
the abuttinq public street. The Planninq Director
may allow a reduction in setback to no less than
ten (10) feet, provided that heavy landscapinq and
other features, such as brick walls, are located so
as to reduce the visual impact of the parkinq lo~
from the abuttinq public street.
Parkinq
(1) Vehicular parkinq areas should be distributed
around at least three (3) sides of retail buildinqs
in order to reduce the overall scale of the paved
parkinq surface.
Vehicular circulation systems providinq access to
parkinq areas shall be desiqned to reduce the
potential for vehicular conflicts to a minimum.
(4)
Adequate stackinq for vehicles shall be provided at
the access points from parkinq areas.
The use of alternative porous pavement finishes is
encouraged.
In order to encouraqe the provision of site
amenities, in any retail establishment or shopping
center containinq at least eiqhty thousand (80,000)
square feet of retail space, parkinq may be reduced
to one (1) space for every two hundred fifty (250)
square feet if pedestrian walkways meetinq the
requirements of subdivision (5) are provided
throuqh the parkinq area.
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(5) For any retail establishment or shoppinq center
containinq at least eighty thousand (80,000) square
feet of retail space, pedestrian walkways shall
provide access from the parkinq area to the primary
buildinq in such manner that pedestrians using
walkways will be required to traverse the vehicular
parkinq aisle to the minimum extent possible. Such
walkways shall be located so that no customer
entrance is farther than one hundred (100) feet
from the nearest walkway. Walkways shall b~
landscaped and be readily distinquishable from
drivinq surfaces where they traverse such surfaces
throuqh the use of durable, low-maintenance surface
materials such as pavers, bricks, scored concrete
or similar architectural treatments.
(c) Buildinq Entrances.
Where possible, multiple entrances to buildinqs should be
utilized in order to reduce the walkinq distance from cars and to
facilitate pedestrian and bicycle access from public streets and
sidewalks.
(d) Pedestrian Access
(1) Sidewalks shall be located alonq public riqhts-of-
way in accordance with Department of Public Works
Enqineerinq Specifications and Standards.
(2) Connectinq internal pedestrian walkways, no less
than five (5) feet in width, shall be provided from
the public sidewalk or riqht-of-way to the
principal customer entrance of all anchor tenant
buildinqs on the site. Outparcels shall be
11
328 connected to each other, to the main shopping
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(3)
(4)
center and to the public sidewalk system by
pedestrian walkways. In addition, walkways shall
connect focal points of pedestrian activity such
as, but not limited to, transit stops, street.
crossinqs, buildinq and store entry points, and
parkinq areas. The walkways should feature
adjoininq landscaped areas that include trees,
shrubs, benches, flower beds, qround cover or
similar materials to enhance the appearance of the
walkway areas. Such landscaping shall be credited
toward the parkinq lot landscaping requirements of
Section 5A of the Site Plan Ordinance. Clear siqht
lines allowinq for good natural surveillance and
adequate liqhtinq shall be incorporated.
Landscapinq alonq the walkways shall be maintained
at no more than three (3) feet in heiqht or limbed
up to at least seven (7) feet in order to avoid
visibility obstructions.
Entrances shall include weather protection features
such as awninqs or arcades havinq a width at least.
double that of the doorways over which they are
located.
Ail internal pedestrian walkways shall be
distinquished from drivinq surfaces throuqh the use
of durable, low maintenance surface materials such
as pavers, bricks, scored concrete or other
architectural treatments to enhance pedestrian
safety and comfort.
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(e)
(5) Provision of bicycle racks is encouraqed. Bicycle
racks shall be in a well-lighted area and placed in
a location visible from the entrance and parking
area.
Central Features and Community Spaces
(1) Shopping centers and retail establishments should
offer attractive and invitinq pedestrian scale
features, spaces and amenities. If served by mass
transit, transit stops and drop-off/pick-up points
shall be inteqrated into the site so as to provide
a high deqree of convenience and efficiency.
Pedestrian ways should be anchored by special
desiqn features such as towers, arcades, porticos,
pedestrian light fixtures, planter walls or other
architectural elements that define circulation ways
(2)
and outdoor spaces.
Retail establishments containinq one hundred
thousand (100,000) square feet or more of gross
square footage and shopping centers containinq five
(5) acres or more of land area shall provide at
least two (2) of the followinq features:
(A) Patio/seating area;
(B) Pedestrian plaza with benches;
(C) Window shoppinq walkway;
(D) Outdoor playqround area;
(E) Kiosk area;
(F) Water feature or stormwater manaqement
facility with amenities such as fountains,
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benches, walkinq trails, pedestrian furnitur~
or lighting~
(G) Clock tower;
(H) Outdoor sculpture; or
(I) Any other focal feature or amenity which, in
the judqment of the Planninq Director,
provides an equivalent benefit.
All such features and community spaces shall connect to
internal or public walkways and, if present, to the bikeway
network, and shall be constructed of materials of at least equal
quality to that of the principal materials of the buildinq and
landscape.
COMMENT
This section contains standards for site design. Particular elements which are addressed are
shopping center site layout, parking, building entrances, pedestrian access, and central features and
community spaces.
Sec. 247. Landscapinq and bufferinq.
The followinq provisions shall be in addition to all other
City landscapinq provisions:
(a) Any loadinq dock within view of a residential, office or
apartment zoninq district or a public street shall be screened by
a landscaped berm or a solid wall with landscapinq on the outside.
(b) Sites with existinq trees and veqetation alonq street
frontaqes should, where desirable, retain such features and
inteqrate them into the landscape plan for the site.
(c) To the qreatest extent possible, no less than twenty-
five per cent (25%) of trees shall be everqreen species.
(d) To the greatest extent possible, plantinq pits shall be
backfilled with thirty-six (36) inches of topsoil to provide the
most conducive qrowinq environment for new landscape plantinq.
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417
(e) To the greatest extent possible, landscape islands shall
be designed so that shrubs or trees are not located on the edges
of the island.
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COMMENT
This section provides for landscaping and buffering requirements for retail developments
and shopping centers. The requirements of this section are additional requirements which
supplement, rather than supplant, other City landscaping provisions.
Sec. 248. Stormwater Manaqement Facilities.
(a) On-site stormwater management ponds in a prominent
locatio~ should be attractively-landscaped amenities. Wetlands
benching, fountains, and the incorporation of walking trails and
pedestrian benches around the perimeter of the ponds ar~
encouraged. Lighting of such areas for purposes of enhancing
safety is also encouraged.
(b) The use of chain link fencing to enclose stormwater
management ponds is strongly discouraged.
(c) Where feasible, stormwater management systems shall
utilize existing regional stormwater management facilities.
COMMENT
Thissectionsets~rthrecommendations~ron-sitestormwater managementponds.
Sec. 249. Siqnaqe.
(a) The style, size, color, and material of all signs on a
shopping center should be coordinated to include signs for any
outparcel development, on-site directional signs, and signs to b~
located on buildings. Colors and materials should be similar to
those used on the primary building or buildings. Signs should be
primarily of neutral or earth-tone colors, and primary colors
should be limited to accents.
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(b) Notwithstandinq any other contrary requlation, a minimum
of seventy-five (75) square feet of shrubbery, flower beds, trees
or other plants, consistinq of at least fifty per cent (50%)
everqreens, shall be required at the base of freestandinq siqns
identifyinq shoppinq centers.
(c) As an alternative to the siqns allowed pursuant to the
applicable zoning district requlations, buildings having facades
qreater than two hundred (200) feet in length may have one (1)
identification sign no larqer than one (1) square foot in size for
every linear foot of facade, to a maximum of three hundred (300)
square feet, on the facade of the building havinq the qreatest
lenqth, provided that no more than three (3) other directional or
informational siqns are placed on the buildinq. Directional or
informational siqns shall not exceed one and one-half (1-1/2) feet
in heiqht and shall be limited in combined area to ten per cent
(10%) of the area of the buildinq facade siqn.
COMMENT
This section sets ~rth recommendations and requirements ~r signs. The provisions of this
section supersede other sign regulations which conflict with those of this section.
Adopted by the City Council of the City of Virginia Beach on
this the day of , 2000.
CA-00-7610
wmm\ordres~retaildesignordin.wpd
R-7
May 22, 2000
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY:
469
470
Planning Department
City Attorney
16
Item V-J.
- 34-
PLANNING
ITEM it 46653
1. CAVALIER GOLF AND YACHT CLUB
STREET CLOSURE
2. CHARLES G. & SUSAN L BARKER
STREET CLOSURE
3. JERROLD L. MILLER
VARIANCE
4. BRENDA CUFFEE & ALBERT ROWSEY~,
VARIANCE
5. MIL TON A. PALMER, SR.
NON-CONFORMING USE
6. JAMES M. ARNHOLD
NON-CONFORMING USE
7. COLLETT PROPERTIES, INC. AND
COLLE TT CHESAPEAKE PARTNERS, L.L. C.
AND,
COLLETT PROPERTIES, INC.
RECONSIDERATION
(CHANGES OF ZONING)
8. WA tVA, INC.
CONDITIONAL USE PERMIT
9. SPIRIT RENT A CAR, INC.
d/b/a CAR TEMPS USA
CONDITIONAL USE PERMIT
10. JOHN DA VID VOGEL
CONDITIONAL USE PERMIT
11. CAPE HENRY COLLEGIATE SCHOOL
CONDITIONAL USE PERMIT
12. CITY OF VIRGINIA BEACH
SECTION 401 CZO
Re Permitted Uses (recreational and
amusement in the AG-1 and AG-2
Agricultural Districts)
May 23, 2000
- 35-
Item V-J.
PLANNING
ITEM # 46654
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in ONE
MOTION Items 1, 3, 4, 5 (DEFERRAL) 6, 8, 9, 1 O, 11 and 12 of the PLANNING BY CONSENT.
Item J. 5. was DEFERRED INDEFINITELY, BY CONSENT.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
Council Lady McClanan VOTED A VERBAL NAY on Item 6 (JAMES M. ARNHOLD)
May 23, 2000
-36-
Item V-~.I.
PLANNING
ITEM it 46655
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of CA VALIER GOLF AND YACHT CLUB for the discontinuance, closure
and abandonment of a portion of Cardinal Road:
Application of Cavalier Golf and Yacht Club for the discontinuance,
closure and abandonment of a portion of Cardinal Road beginning at the
northern boundary of Starling Court and running northwesterly to its
terminus. Said parcel is variable in width and contains 1.78 acres.
(L YNNHA VEN - DISTRICT 5).
The following conditions shall be required:
A public utilities easement, satisfactory to Public Utilities, must
be recorded to ensure that maintenance of and improvements to
utilities within the right-of-way can be achieved.
The City Attorney's Office will make the final determination
regarding ownership of the underlying fee. The purchase price
to be paid to the City shall be determined according to the
"Policy Regarding Purchase of City's Interest in Streets
Pursuant to Street Closures, "approved by City Council. Copies
of the policy are available in the Planning Department.
The applicant is required to resubdivide the property and vacate
internal lot lines to incorporate the closed area into the
adjoining parcels. The plat must be submitted and approved for
recordation prior to final street closure approval.
The applicant is required to verify that no private utilities exist
within the right-of-way proposed for closure. Preliminary
comments from the utility companies indicate that there are no
private utilities within the right-of-way proposed for closure. If
private utilities do exist, easements satisfactory to the utility
company, must be provided.
Closure of the right-of-way shall be contingent upon compliance
with the above stated conditions within 180 days of approval by
City Council.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS THE NORTHERNMOST PORTION OF CARDINAL
ROAD AS SHOWN ON THAT CERTAIN PLAT ENTITLED:
"PLAT SHOWING PORTION OF CARDINAL ROAD TO BE
CLOSED" DATED MAY 30, 1996, PREPARED BY GALLUP
SURVEYORS & ENGINEERS, LTD., COPY OF WHICH IS
ATTACHED HERETO AS "EXHIBIT A."
WHEREAS, on May 23, 2000, Cavalier Golf & Yacht Club applied to the
Council of the City of Virginia Beach, Virginia, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be discontinued,
closed, and vacated, subject to certain conditions having been met on or before
November 20, 2000;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described street be discontinued, closed and vacated, subject to certain
conditions being met on or before November 20, 2000;
That certain undeveloped street situated in the City of Virginia
Beach, Virginia, known as the northernmost portion of Cardinal
Road ("60 foot Right-of-Way"), commencing at the intersection
of Cardinal Road, Starling Court and North Oriole Drive and
running in a northerly direction through the property of the
Cavalier Golf & Country Club to the Clubhouse. Said parcel
designated as "Parcel 10" and "60 foot Right-of-Way" as shown
on that certain plat entitled 'Boundary Survey for Cavalier
Birdneck Land Corporation" recorded in the Clerk's Office of
the Circuit Court of the City of Virginia Beach, Virginia, in
Map Book 131, at page 24, and being 60 feet in width and
approximately 1300 feet in length, comprising 77,565 square
feet.
GPIN:
SECTION II
The following conditions must be met on or before November 20, 2000:
1. The City Attorney's Office will make the final determination regarding
ownership of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant
to Street Closures," approved by City Council. Copies of said policy are available in the
Planning Department.
2. The applicant is required to resubdivide the property and vacate internal
lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted
and approved for recordation prior to final street closure approval.
3. A public utilities easement, satisfactory to Public Utilities, must be
recorded to ensure that maintenance of and improvements to utilities within the right-ofway
can be achieved.
4. The applicant is required to verify that no private utilities exist within
the right-of-way proposed for closure. Preliminary comments from the utility companies
indicate that there are no other private utilities within the right-of-way proposed for closure.
If private utilities do exist, easements satisfactory to the utility company must be provided.
5. Closure of the right-of-way shall be contingent upon compliance with
the above stated conditions within 180 days of approval by City Council. If not, the approval
will be considered null and void.
2000, this
Council.
SECTION III
1. If the preceding conditions are not fulfilled on or before November 20,
Ordinance will be deemed null and void without further action by the City
2. If all conditions are met on or before November 20, 2000, the date of
final closure is the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
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."
2
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on this 23
/~ay ,2000.
CA-7645
01/27/00
F:\Data~ATY~Fom~s\Dceds~STCLOSUXWORK1NG\ca7645.ord
APPROVED AS TO LEGAL SUFFICIENCY
Law Department
3
Item V-J.2.
PLANNING
-37-
ITEM # 46656
Attorney David A. Miller, Jr., 3003 Lynnhven Parkway, Phone: 498-3424, represented the applicant
Upon motion by Council Lady McClanan, seconded by Council Lady Parker, City Council ALLOWED
WITHDRAWAL of the Ordinance upon application of CHARLES G. & SUSAN L. BARKER for the
discontinuance, closure and abandonment ora portion of Southern Boulevard:
Application of Charles G. Barker, Jr., and Susan L. Barker for the
discontinuance, closure and abandonment of a portion of Southern
Boulevard beginning at the eastern boundary of Kentucky Avenue and
running in an easterly direction a distance of 725. 86feet. Said parcel is
50 feet in width and contains 36,293 square feet. ROSE HALL -
DISTRICT 3
Mr. Robert Scott, Director of Planning, advised there is a 42-inch water line underneath this street, through
which approximately one-half of the City's treated water flows.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members' Voting Nay:
None
Council Members Absent:
None
May 23, 2000
- 38-
Item V-J.3.
PLANNING
ITEM # 46657
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED the
Application of JERROLD L. MILLER for a Variance to the Subdivision Ordinance that all lots must meet
the requirements of the Comprehensive Zoning Ordinance (CZO) re reducing the width of an existing lot:
Appeal to Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for derrold L. Miller.
Property is located at 1242 North Inlynnview Road (GPI N #1498-46-
5206). L YNNHA VEN - DISTRICT 5
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. 3/1. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
- 39-
Item V-J. 4.
PLANNING
ITEM # 46658
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED
Application of BRENDA CUFFEE and ALBERT ROWSEY for a Variance of the Subdivision Ordinance
re all lots have access to a public street:
Appeal to Decisions of Administrative officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Brenda Cuffee
and Albert Rowsey. Property is located on the north side of Alberthas
Drive on Lots 43A and 44A (GPIN #1487-88-07301; #1487-88-1707)
L YNNHA VEN - DISTRICT 5
The following condition shall be required:
1. The applicant shall adhere to theplan approved for Lot 45-A by
City Council on August 26, 1997.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
- 40-
Item V4.$.
PLANNING
ITEM # 46659
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
INDEFINITEL Y, the Application of MIL TON A. PALMER, SR., for an expansion of a nonconforming
use
Request for an expansion of a non-conforming use on the west side of
Shipps Lane, north of Virginia Beach Boulevard. Property is located at
309 Shipps Lane and contains 9, 900 square feet. BEACH- DISTRICT 6.
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-d. 6.
- 41 -
PLANNING
ITEM # 46660
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
application of JAMES M. ARNHOLD for the enlargement ora nonconforming use:
Resolution upon application of James M. Arnhold for the enlargement of
a nonconforming use on Lot 3, Block B, Chesapeake Bay Shores (2414
Spinaker CourO, re demolition of the existing two-story townhouse and
replacement by constructing a larger three-story townhouse, containing
3, 316.2 square feet. L YNNHA VEN- DISTRICT 5
The following conditions shall be required:
The structure, as enlarged, shall conform to the plans and
specifications exhibited to the City Council on the date of
adoption of this resolution, which plans and specifications are on
file in the Department of Planning.
o
That the proposed shake siding shall be of a color matching, to
the greatest extent possible, the majority of the siding on the
existing townhouses on Spinnaker Court.
3. The brick veneer shall, to the greatest extent possible, match the
brick on the existing townhouses on Spinnaker Court; and
The windows on the front facade must be single-pane, without
dividing mullions, similar to the windows for the rear facade as
depicted on the submitted plans.
Voting:
10-1 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and
A. M. "Don" Weeks
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
None
May 23, 2000
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING USE ON PROPERTY LOCATED AT 2414
SPINNAKER COURT (LYNNHAVEN DISTRICT)
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WHEREAS, James M. Arnhold (hereinafter the "Applicant")
has made application to the City Council for authorization to
demolish an existing townhouse and to reconstruct a larger
townhouse on the same site, situated on a certain lot or parcel of
land having the address of 2414 Spinnaker Court, in the Lynnhaven
District; and
WHEREAS, said property lies within the B-4 Resort
Commercial Zoning District; and
WHEREAS, pursuant to Section 105(d) of the City Zoning
Ordinance, the proposed enlargement of the Applicant's townhouse is
unlawful in the absence of a resolution of the City Council
authorizing the enlargement of such townhouse upon a finding that
the proposed use, as enlarged, will be equally appropriate or more
appropriate to the zoning district than is the existing use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
townhouse, as enlarged, will be equally appropriate to the District
as is the existing townhouse.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed enlargement of a nonconforming use be,
and hereby is, approved, upon the following conditions:
1. That the structure shall conform to the plans and
specifications exhibited to the City Council on the date of
adoption of this resolution, and which plans and specifications are
on file in the Department of Planning;
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2. That the proposed shake siding shall be of a color
matching, to the greatest extent possible, the majority of the
siding on the existing townhouses on Spinnaker Court;
3. The brick veneer shall, to the greatest extent
possible, match the brick on the existing townhouses on Spinnaker
Court; and
4. The windows on the front facade shall be single-
pane, without dividing mullions, similar to the windows on the rear
facade as depicted on the submitted plans.
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the
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Adopted by the Council of the City of Virginia Beach on
day of May , 2000.
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CA-00-7648
wmordres ~arnholdncuse. res
R-2
May 15, 2000
APPROVED AS TO LEGAL
SI"IFFIC]~I3NC'Y~Jd~/~ ~' ~,~~~
Depar[rr~t of Law '
- 42 -
Item V-J. 7
PLANNING
ITEM # 46661
Attorney R. J. Nutter, 4425 Corporation Lane, Phone: 518-3200, represented the applicant and advised the
changes to the application providing over 21,000 square feet of landscaping on the eastern site and
perimeter of the site in excess of the current City requirement. Attorney Nutter advised signing
correspondence dated May 22, 2000, acknowledging and concurring with the provisions to be addressed
during site plan review process.
Chris Wellman, Site Development Manager - Lowes, advised they will be strong supporters of the Virginia
Beach community and Charties.
Pastor Tommy Taylor, London Bridge Baptist Church
The following registered in OPPOSITION
Cliff Love, 2605 Thirza Place, Phone: 481-6449, concerned relative health of Lynnhaven River.
Joe Taylor, Vice President- Taylors Do It Center, 1232 Bluebird Drive, Phone: 491-9000. Statement of Mr.
Taylor regarding big box retailers is hereby made a part of the record.
Connie Bowen, owner - Cape Henry Hardware 2108 East Admiral Drive, Phone: 481-1827, presented
petitions in Opposition, which are hereby made a part of the record.
Vonda Dunn, 2929 Summerhaven Road, Phone: 496-6911
J. E. Weirich, 1508 Back Cove Road, Phone: 481-0421
Upon motion by Councilman Branch, seconded by Councilman Weeks, City Council ADOPTED Ordinances
upon application of COLLETT CHESAPEAKE PARTNERS, L.L.C. AND COLLETT PROPERTIES, INC.
for Conditional Changes of Zoning (lost to a negative vote March 7, 2000):
ORDINANCE UPONAPPLICATION OF COLLETTPROPERTIES, INC.
AND COLLETT CHESAPEAKE PAR TNERS, L.L. C FOR A CHANGE OF
ZONING DISTRICT CLASSIFICA TION FR OM B-2 TO CONDITIONAL
B-2 Z05001167
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
AND,
Ordinance upon application of Collett Properties, Inc. and Collett
Chesapeake Partners, L.L.C. for a Change of Zoning District
Classification from B-2 Community Business District to Conditional B-2
Community Business District on certain property located at the southeast
intersection of Virginia Beach Boulevard and Parker Lane (GPIN #1497-
84-3948, #1497-84-5907, #1497-84-7994, #1497-85-6190, #1497-85-
8140, #1497-85-9152, #1497-95-0152, #1497-95-0050). The proposed
zoning classification change to Conditional B-2 is for community
business land use. The Comprehensive Plan recommends use of this
parcel for retail, office and other compatible uses in accordance with
other Plan policies. Said parcel contains 3.481 acres. BEACH -
DISTRICT 6.
ORDINANCE UPON APPLICA TION OF COLLETT PR OPER TIES, INC.
FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TION FR OM I- 1
TO CONDITIONAL B-2 Z05001168
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Collett Properties, Inc. for a Change of
Zoning District Classification from 1-1 Light Industrial District to
Conditional B-2 Community Business District on certain property
located on the east side of Parker Lane beginning at a point 150feet
more or less south of Virginia Beach Boulevard (GPIN #1497-84-3855,
#1497-84-8654, #1497-84-5907, #1497-84- 7994). The proposed zoning
classification change to Conditional B-2 is for community business land
use. The Comprehensive Plan recommends use of this parcel for light
industrial, business parks and other compatible uses. Said parcel
contains 9.545 acres. BEACH - DISTRICT 6.
The following conditions shall be required:
1. An Agreement encompassingproffers shall be recorded with the
Clerk of Circuit Court.
May 23, 2000
Item V-J. 7
PLANNING
- 43 -
ITEM # 46661 (Continued)
Correspondence of May 22, 2000, from Robert J. Scott,
Planning Director, has been signed by Attorney R..J. Nutter
acknowledging and concurring with the provisions of said letter,
stipulating Proffer No. 9 is deleted with the followingprovisions
being substituted, to be addressed during site plan review:
Modification of the site plan to create a new drive aisle to
provide access to the propertyfrom Virginia Beach Boulevard to
Byrd Lane;
b. Elimination of the easternmost curb cut shown on Virginia Beach
Boulevard as depicted on the proffered site plan;
Participation in the improvements within the southern quadrant
of the Byrd Lane and Virginia Beach Boulevard intersection by
performing the following at the developer's expense: extending
the median east and west of Byrd Lane, installing a left-hand turn
lane and providing an additional traffic signal device currently
in place.
d.
Provisions of access easements to the property owners abutting
on the eastern property line sufficient to satisfy their current
access rights.
Provision of a site plan showing reasonable internal circulation
provided that the number of parking spaces on property need not
be reduced below the level currently authorized by the Virginia
Beach Board of Zoning Appeals.
Signed Correspondence dated May 22, 2000 is hereby made apart of
th e proceedings.
This Ordinance shall 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 Twenty-third of May, Two Thousand
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III,, William W. Harrison, Jr.,
Barbara M. Henley, Louis R. Jones, Reba S. McClanan, Vice Mayor
William D. Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
Margaret L. Eure, Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
None
Councilman Harrison DISCLOSED, pursuant to Section 2.1-639.14(G), of the Code of Virginia, he is a
partner in the law firm of Willcox & Savage, earning an annual income from each entity in excess of
$1 O, 000, and represents Fuel Feed Plaza Home Center, Incorporated ("Fuel Feed"), which owns a Taylor's
Do-it Center located on LasMn Road within approximately three miles of the proposed Lowe's Home
Improvement Center. The officers of Fuel Feed have indicated their concern that the construction of the
Lowe's Home Improvement Center will have a detrimental economic impact on their Laskin Road store.
Councilman Harrison wished to disclose this interest and declare he was able to participate in the
transaction fairly, objectively and in the public interest. Councilman Harrison's letter of April 24, 2000,
is hereby made apart of the record.
May 23, 2000
MAY-22-00 !6:26 From:MAYS VALENTINE VABCH 7575183210 T-lg4 P,02/03 Job-4T7
City o£ Virgi-aia Bo-ach
~Pa,~TM~NT OF PLANNIN~
May 22, 2000
R. J. NuRer, Attorney at Law
MAY & VALENTINE
4525 Corporation Lane, Suite 420
Virginia Beach, VA 23462
Dca~ RI:
'I3.i$ is to tbllow up ()ur phone conversation of today concerning the Collett Properties rezoning
to be heard by City Council tomorrow.
I have spoken wiflx Les Lilley, City Attorney, about this matter and our concern centers on
Proffer No. 9 recently submitted by you. Although I think we agree on the intent of this new
Proffer, it is our feeling that the Profiler, a.~ submitteel, ia an imperfect expre,:sian of that
understanding and that your letter of clarification, though well intentioned, is insufficient to cure
fl~c problem.
Les and I believe that thc inte,~dexi requirements of Proffer No. 9 are best addressed through the
site plan review process. Therefore, we are recommending to Council that Proffer No. 9 be
deleted from the proffer agreement.
Further, ! am writing to advise you that among other matters to b~ considered in the site plan
review process, the City will require the following provisions during site pla~ review of the
Low~'a project. All these provisions can be addressed during site plan review without further
modification to the sit~ plan by City Council:
1. Modification of the site plan to create a new drive aisle Io provide access to the
property from Virginia Beach Boulevard to Byrd Lane;
2. Elimination of' the eastermnost curb cut shown on Virginia Beach Boulevard as
depicted on the proffered site plan;
MAY-22-00 16:26 From:MAYS VALENTINE VABeH 7575183230 T-194 P.03/03 Job-4??
I,ET'I'ER: RJ N UTI'ER
May 22, 2000
PAGE 2
Participation in the improvements within the southern qlmdrant of the Byrd Lane and
Virginia Beach Boulevard intersection by performing the following at developer's
expense: extending the median east m~d west of Byrd Lane, installin8 a lea-hand turn
lane and providing an additional traffic signal light oriented m a southemly direction
to be attached to the traffic signal device currently in place.
4. Provisions o£ access easements to thc property owners aburting on the eastern property
line sufficient to satist~, their current access rights,
Provision ora site plan showing reasonable internal circulation provided that the
number of parking spaces on property ne:cd not b~ reduced below the level currently
authorized by th~ Virginia Beach Board of Zoning Appeals.
Naturally, theae gpe¢itie items are intended aa a substitute for the removal of Proffer No, 9 and
the remaining Proffers, including the new traffic signal at Parker l..ane referred to in Proffer No.
8, are not affected by this modification.
As you know, our statI' recommendation on this issue is dependent upon a satisfactory solution to
this set of issues. If you would indicate your m3knowledgment of and concurrerme with the above
provisions, then I would think that the staff concerns have been ~tisfactorily met.
Shw. erely,
Rob¢~ J. Seo{~
Plamfing Director
RJS:jms
c: James K. Spore, City Managcr
Les Lilley, City Attorney
Aeknowh:dgnlcn[ of and coqcurrence
provisions ofthit letter
Item V-J. 8
- 44 -
PLANNING
ITEM # 46662
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
application of WA WA, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF WA WA, INC., A
PENNSYLVANIA CORPORATION, FOR A CONDITIONAL USE
PERMIT FOR AUTOMOBILE SERVICES (FUEL SALES) R05003042
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Wawa, Inc., a Pennsylvania Corporation
for a Conditional Use Permit for automobile services (fuel sales) in
conjunction with a convenience store on certain property located at the
southwest corner of Rosemont Road and Sentara Way (GPIN Parts of
#1487-61-3955, #1487-61-4854, #1487-61-3786). Saidparcel contains
1.88 acres. ROSE HALL - DISTRICT 3.
The following conditions shall be required:
Site layout and landscaping shall conform with the site plan
entitled "WAWA STORE Rosemont Road & Sentara Way,
Virginia Beach, Virginia, Site Plan 033000-1, "prepared by W.P.
Large, Inc. and dated 30 March, 2000; provided, however, that
the plan shall be brought into conformance with minimum
parking lot landscaping requirements, which may reduce the 59
parking spaces currently depicted on the plan to serve the Wawa
site. Minor adjustments in site layout required duringfinal site
plan review shall not be permitted to reduce the total amount of
green space depicted on the plan. Any variance to foundation
landscaping requirements shall require that the required
foundation plantings be added to the street frontage and/or
stormwater management areas depicted on the plan.
Architectural design, materials and colors shall conform with the
submitted photo renderings and elevations, as described in the
report and on file with the Department of Planning.
The property shall be resubdivided as indicated on the submittted
site plan, and reciprocal cross-access and ingress/egress
easements shall be recorded for the benefit of this use and the
existing restaurant site to the south.
On-site lighting shall be provided in such a way as to provide
over-lapping coverage of all parking areas, entrances and gas
pumps.
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 Twenty-third of May, Two Thousand
May 23, 2000
- 45 -
Item V-J. 8
PLANNING
ITEM # 46662
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba $. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-d. 9.
- 46-
PLANNING
ITEM # 46663
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of SPIRIT RENT A CAR, INC., dba CARTEMPS USA for a Conditional Use
Permit:
ORDINANCE UPON APPLICATION OF SPRINT RENT A CAR, INC.,
dba CARTEMPS, USA FOR A CONDITIONAL USE PERMIT FOR A
MOTOR VEHICLE RENTAL OPERATION) R05003043
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Sprint Rent A Car, Inc., dba CARTEMPS,
USA for a Conditional Use Permit for a motor vehicle rental operation
on the east side of South Independence Boulevard, north of Bonney Road
Relocated (GPIN #1477-43-7489). Said parcel is located at 116 South
Independence Boulevard, Suite #104, and contains 4.35 acres ROSE
HALL - DISTRICT 3
The following conditions shall be required:
No more than fifieen (15) rental motor vehicles shall be allowed
on the site at any time and the vehicles shall be parked in the
rear of the building.
2. There shall be no on-site washing or detailing of any motor
vehicles.
3. There shall be no on-site maintenance of any motor vehicles.
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 Twenty-third of May, Two Thousand
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-J. IO.
-47-
PLANNING ITEM # 46664
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of JOHN DA VID VOGEL for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JOHN DA VID VOGEL FOR
A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY
OF AN 0 UTDOOR NATURE (CORN MAZE) ) R05003044
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of John David Vogel for a Conditional Use
Permit for a recreational facility of an outdoor nature (corn maze) on the
north side of London Bridge Road, east of Country Manor Lane (GPIN
#2405-91-4155). Saidparcel is located at 2400 London Bridge Road and
contains 10 acres (3 acres will be used for the corn maze). BEACH -
DISTRICT 6.
The following conditions shall be require&
1. Hours of operation shah be limited to 10 a.m. to 8p.m.
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 Twen~-third of May, Two Thousand
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William V~.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-J. 11.
- 48 -
PLANNING ITEM # 46665
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of CAPE HENRY COLLEGIATE SCHOOL for a Conditional Use Permit:
ORDINANCE UPON APPLICA TION OF CAPE HENRY COLLEGIA TE
SCHOOL FOR A CONDITIONAL USE PERMIT FOR THE EXPANSION
OF A PRIVATE SCHOOL R05003045
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Cape Henry Collegiate School for a
Conditional Use Permit for the expansion of a private school at the
southeast intersection of Mill Dam Road and Woodhouse Road (GPIN
#2408-58-4284). Said parcel is located at 1320 Mill Dam Road and
contains 29, 502 acres. L YNNHA VEN- DISTRICT 5.
The following conditions shah be required:
The conditional use permit is for the construction of a 115,500
square foot building expansion as represented on the "Master
Plan Cape Henry Collegiate School, dated February 15, 2000,
and prepared by Tymoff and Moss. This conditional use permit
includes the 'future "pool and support space.
Commencement of land disturbing activities shall not begin until
a detailed site plan has been approved by the Development
Services Center and until such time that a Storm Water
Management Plan has also been approved by the Development
Services Center. Appropriate bonds will also be required
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All landscaping, to include foundation planting, street front
planting and interior parking lot landscaping shall be planted in
accordance with the City's Site Plan Ordinance.
4. A demolition permit must be obtainedpriorto the commencement
of any demolition on-site.
5. The "portable buildings "shall be removed from the site no later
than January 1, 2002.
The portable buildings shall have a skirt installed along the
foundation area and shall be landscaped along those sides
visible from a public right-of-way.
The construction of the proposed buildings shall be in
accordance with the rendering entitled "Proposed Expansion To
Cape Henry Collegiate School, Virginia Beach, Virginia ", dated
April 18, 2000, which was exhibited to the City Council and is on
file in the Planning Department.
The applicant shah meet with the Traffic Engineering staff to
discuss and implement solutions for improving on-site traffic
circulation, violations associated with stacking in the public
right-of-way and other traffic concerns associated with this
application. Minimal adjustments to the submitted site needed as
a result of these meeting may be make with the approval of the
Director of Planning,
May 23, 2000
Item V-J. 11.
- 49 -
PLANNING
ITEM # 46665 (Continued)
This Ordinance shall be effective in accordance with Section 107 60 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of May, Two Thousand
Voting:
11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-J. 12.
- 50-
PLANNING
ITEM # 46666
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND 3~ 401 of the City Zoning Ordinance (CZO) re
permitted uses (recreational and amusement) in the AG-1 and AG-2
Agricultural Districts.
The amendments allow, as principal uses in the Agricultural zoning districts, agriculturally-related
recreational and amusement activities under certain conditions, as follows:
Such activities shall be subordinate to, and conducted in
conjunction with, an ongoing bona fide agricultural or
silvicultral operation.
..
Vehicular parking shall not be allowed on public streets, or
within one hundred (100)feet of any residence, except a
residence located on the site of the activity.
3. Such activities shall be conducted only between the hours of8:O0
a.m. and sunset.
4. Signs shall be non-illuminated and limited to one (1) sign not
exceeding sbcteen (16) square feet in area.
Voting:
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
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AN ORDINANCE TO AMEND SECTION 401 OF THE CITY
ZONING ORDINANCE BY ADDING AGRICULTURALLY-
RELATED RECREATIONAL AND AMUSEMENT ACTIVITIES
AS A PRINCIPAL USE IN AGRICULTURAL ZONING
DISTRICTS
SECTION AMENDED: City Zoning Ordinance §401
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 401 of the City Code is hereby amended and
reordained to read as follows:
Sec. 401. Use regulations [Agricultural Zoning Districts].
(a) Principal and conditional uses. The following chart
lists those uses permitted within the AG-1 and AG-2 Agricultural
Districts. Those uses and structures in the respective agricultural
districts shall be permitted as either principal uses indicated by
a "P" or as conditional uses indicated by a "C." Uses and
structures indicated by an "X" shall be prohibited in the
respective districts. No uses or structures other than as
specified shall be permitted.
Use
Agricultural, aquacultural
and horticultural uses,
including orchards,
vineyards, nurseries and the
raising and grazing of
livestock, poultry and swine
and the keeping of bees
Airports, heliports and
helistops
Animal hospitals, pounds,
shelters, commercial and
residential kennels
Antennas, building-mounted
Borrow pit
Cemetery, columbarium,
crematory and mausoleum
AG- 1 AG- 2
P P
C C
C C
P P
C C
C C
37
38
39
4O
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42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
Child care education centers
in connection with public or
private elementary schools
or churches
Child care education
centers, day nurseries, other
than those permitted as
principal uses and
structures, when not
operated by a public agency
Churches
Commercial recreation
facilities other than those of
an outdoor nature
Community centers
Country inns
Drive-in theaters
Dwelling, single-family
addition
Dwellings, duplex
Dwellings, single-family,
except as specified in
section 405(a)
Dwellings, single-family, in
accordance with section
405 (a)
Dwelling units, not to
exceed one (1), located
within livestock barns, to be
occupied only by farm
employees or persons
related to the owner of the
property by blood, marriage,
adoption or approved foster
care
Family care homes, foster
homes or group homes
Fiber-optics transmission
facilities
Firewood preparation facility
Fish hatcheries and fish
ponds
P
C
C
C
C
C
C
P
X
P
C
P
C
C
C
P
P
C
C
C
C
C
C
P
X
P
C
P
C
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C
P
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Flex suites, subject to the
provisions of section 507
Forests and forestry
Fraternity and sorority
houses, student dormitories
and student centers;
provided that they be
located within a one-mile
radius of a college or
university
Game preserves
Golf courses, including par
3 with a minimum area of
10 acres, and miniature golf
courses
Home occupations,
including those conducted
outside the principal
structures
Hospitals and sanitariums
Lodges for fraternal
organizations
Marinas, noncommercial
and community boat docks
Maternity homes
Monasteries and convents
Museums and art galleries
when not operated by a
public agency
Personal watercraft rentals
Private schools having
curriculums similar to
public schools
Private sewage treatment
facilities
Public elementary,
intermediate and high
schools, colleges and
universities; day nurseries in
connection with public or
private elementary schools
or churches
P
P
C
P
C
C
C
C
C
C
C
C
C
C
C
P
P
P
C
P
C
C
C
C
C
C
C
C
C
C
C
P
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Public parks, recreational
areas, botanical and
zoological gardens, golf
courses, marinas and other
public buildings and uses
Public utility installations
and substations; provided
offices, storage or
maintenance facilities shall
not be permitted; and
provided, further, that
utilities substations other
than individual
transformers, shall be
surrounded by Category V
screening, solid except for
entrances and exits; and
provided also, transformer
vaults for underground
utilities and the like shall
require Category I
screening, solid except for
access openings
Public utility transformer
stations and major
transmission lines and
towers 50,000 volts or
more)
Recreation and amusement
facilities of an outdoor
nature other than those
specified as principal uses,
which may be partially or
temporarily enclosed on a
seasonal basis, with the
approval of city council
Recreational and amusement
activities, as specified in
and subject to the provisions
of subsection (c)
Recreational campgrounds
Repair of agricultural
equipment
Retail sales of garden
supplies, equipment, and
material, as a subsidiary use
to a plant nursery, provided
that the sales are enclosed
and limited to a maximum
floor area of five hundred
(500) square feet
P
P
C
C
C
C
C
P
P
C
C
P
C
C
C
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Riding academies, horses
for hire or boarding
Shelter for farm employees
Storage and maintenance
installations for public
utilities
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C C
C C
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Television or other
broadcasting stations,
cellular telephone antenna
and line-of-sight relay
devices
Wells, water reservoirs, and
water control structures
C C
P P
(b) Accessory uses and structures. Uses and structures which
are customarily accessory and clearly incidental and subordinate to
principal uses and structures, including but not limited to:
(1) In connection with agricultural use, no more than one (1)
roadside stand for sale of agricultural products produced
by the operator of the roadside stand, provided that:
(i) No such stand shall exceed one thousand (1,000)
square feet in floor area;
(ii) No stand shall be erected within fifty (50) feet of
the property line fronting on any street;
(iii) The operator of the stand must be the owner or
operator of the agricultural property on which the
stand is located;
(iv) At least fifty (50) percent by value of the produce
sold from the stand shall have been produced by the
operator of the roadside stand.
(2) An accessory activity operated for profit in a
residential dwelling unit where (i) there is no change in
the outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
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building lot, either permanently or intermittently, of
the conduct of such business except for one (1)
nonilluminated identification sign not more than one (1)
square foot in area mounted flat against the residence;
(ii) no traffic is generated, including traffic by
commercial delivery vehicles, by such activity in greater
volumes than would normally be expected in the
neighborhood, and any need for parking generated by the
conduct of such activity is met off the street and other
than in a required front yard; (iii) the activity is
conducted on the premises which is the bona fide
residence of the principal practitioner, and no person
other than members of the immediate family occupying such
dwelling units is employed in the activity; (iv) such
activity is conducted only in the principal structure on
the lot; (v) there are no sales to the general public of
products or merchandise from the home; and (vi) the
activity is specifically designed or conducted to permit
no more than one (1) patron, customer, or pupil to be
present on the premises at any one (1 time.
Notwithstanding the provisions of clauses (ii) and (vi)
hereof, ministers, marriage commissioners and other
persons authorized by law to perform the rites of
marriage may permit a maximum of eight (8) persons on the
premises at any one time in connection with the
performance of such rites, provided that all other
requirements of subdivision (b) (2) are met. The
following are specifically prohibited as accessory
activities: Convalescent or nursing homes, tourist homes,
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241
massage parlors, radio or television repair shops, auto
repair shops, or similar establishments.
(c) Agriculturally-related recreational and amusement
activities such as farm tours, pettinqf feeding and viewinq of farm
animals, hayrides, crop mazes, animal walks, horse and pony rides,
and similar activities shall be allowed under the following
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conditions:
(1) Such activities shall be subordinate to, and
conducted in conjunction with, an ongoing bona fide
agricultural or silvicultural operation;
(2) Vehicular parking shall not be allowed on public
streets, or within one hundred (100) feet of any
residence, except a residence located on the site of
the activity;
(3) Such activities shall be conducted only between the
hours of 8:00 a.m. and sunset; and
(4) Signs shall be nonilluminated and limited to one (1)
sign not exceeding sixteen (16/ square feet in area.
In the event any provision of this subsection conflicts or is
otherwise inconsistent with any other provision of this ordinance,
the provisions of this subsection shall control; provided, however,
that no use otherwise permitted hereunder which constitutes, or
requires the excavation of, a borrow pit, as defined in Section
111, shall be allowed except by conditional use permit.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 23 day of May , 2000.
CA-7621
wmmkordres~45-401com.wpd
R-~
April 17, 2000
7
- 51 -
Item V-K. 1.
APPOINTMENTS
ITEM # 46667
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
ARTS AND HUMANITIES COMMISSION
HAMPTON ROADS PLANNING DISTRICT COMMISSION
HAMPTON ROADS TRANSPORTATION DISTRICT
MINORITY B USINESS COUNCIL
SOCIAL SER VICES BOARD
May 23, 2000
Item V-M. 1.
- 52 -
NE~ B USINESS
ITEM # 46668
BY CONSENSUS, the City Clerk shall RECORD:
ABSTRACT OF CIVIL CASES RESOLVED - APRIL 2000
May 23, 2000
Item V-M.2
- 53 -
NEW BUSINESS ITEM # 46669
ADD-ON
Upon motion by Councilman Harrison, seconded by Council Lady Eure, City Council ADDED to the
Agenda:
Resolution authorizing and directing the City Manager and City Attorney
to take any and all actions necessary to upgrade the quality of conditions
at the Resort Area; and, help City Council achieve its goal of developing
the City into a World-Class Resort destination.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William W.
Harrison, Jr., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and A. M. "Don" Weeks
Council Members Voting Nay:
None
Council Members Absent:
None
May 23, 2000
Item V-M.2
- 54 -
NEW BUSINESS ITEM # 46670
ADD-ON
Upon motion by Councilman Harrison, seconded by Councilman Branch,
City Council ADOPTED:
Resolution authorizing and directing the City Manager and City Attorney
to take any and all actions necessary to upgrade the quality of conditions
at the Resort Area; and, help City Council achieve its goal of developing
the City into a World-Class Resort destination.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Margaret L. Eure, William IV.
Harrison, ,Ir., Barbara M. Henley, Louis R. Jones, Reba S. McClanan,
Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor William
D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
A. M. "Don" Weeks
May 23, 2000
A RESOLUTION AUTHORIZING AND
DIRECTING THE CITY MANAGER AND THE
C1TY ATTORNEY TO TAKE ANY AND ALL
ACTIONS NECESSARY TO UPGRADE THE
QUALITY OF CONDITIONS AT THE RESORT
AREA AND HELP CITY COUNCIL ACHIEVE 1TS
GOAL OF DEVELOPING THE CITY INTO A
WORLD-CLASS RESORT DESTINATION
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23.
WHEREAS, following the 1999 summer season, the City Manager, after discussions
with City Council, established the Resort Season 2000 Advisory Committee ("Committee") for the
purpose of evaluating how the City might improve upon its efforts to manage the Resort Area and
enhance the resort experience offered to tourists and residents alike;
WHEREAS, to ensure that all major stakeholders would have input into this
evaluation process, appointments to the Committee included not only key members of City staff, but
also representatives of Beach Events, the Human Rights Commission, the NAACP, the Resort Beach
Civic League and Coalition, the Resort Leadership Council, the Resort Retailers Association, the
Virginia Beach Hotel and Motel Association, and the Virginia Beach Restaurant Association;
WHEREAS, the Committee's meetings and deliberations culminated in its
preparation and submission o fa comprehensive report ("Report");
WHEREAS, in its Report, the Committee recognized the City's goal to "build
Virginia Beach into a World Class Tourist Destination," and also recognized that a number of
concerns, especially behavioral problems, are impeding the City's ability to reach that goal;
WHEREAS, to address these concerns, the Committee recommended, among other
things, the development and distribution of"a Code of Conduct for use by the resort community to
clearly and positively communicate behavioral expectations," and the development and institution
of"appearance and cleanliness standards" for public infrastructure facilities, hotels and motels,
restaurants and retail establishments; and
WHEREAS, it is imperative that immediate and decisive action be taken to address
these concerns and to upgrade the quality of conditions at the Resort Area.
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NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That City Council expresses its steadfast commitment to ensuring that the Resort
Area is a place where all persons, regardless of race, religion, color, sex, age or national origin, can
have a safe and enjoyable experience;
2. That City Council appreciates the work of the Resort Season 2000 Advisory
Committee, supports the concepts set forth in the Committee's Report, and looks forward to the
implementation of those concepts;
3. That City Council supports the efforts already taken by the City Manager and his
staff to implement various Committee recommendations, and specifically supports their efforts to
implement a "Code of Conduct" which clearly, concisely and positively communicates the City's
behavioral expectations;
4. That City Council authorizes and directs the City Manager and the City Attorney
to take any and all other actions as may be necessary to upgrade the quality of conditions at the
Resort Area and achieve Council's goal of developing the City of Virginia Beach into a world-class,
well-maintained resort destination that can be enjoyed by everyone;
5. That City Council encourages businesses in the Resort Area to work with the
City, and especially among themselves, to ensure that, through their development and
implementation of industry standards of appearance and cleanliness, as well as their control of
behavioral problems in their own establishments, the R~sort Area may realize its potential; and
6. That City Council expresses its strong commitment to the swift, fair, consistent
and firn'! enforcement of the law for the benefit of all of its citizens and visitors.
Adopted by the Council of the City of Virginia Beach, Virginia, on the 23 day of
t4a¥ ,2000.
CA7716
F:\Data\ATY~Ordin\NONCODELResort Advisory Com. Res 2.wpd
May 23, 2000
R1
2
- 55 -
Item V-M. 3.
NEW BUSINESS
ITEM # 46671
Councilman Branch referenced the previous ADOPTED Resolution REFERRING to the Planning
Commission proposed amendments to 3~ 111 and Article Two of the City Zoning Ordinance (CZO),
establishing design and other standards for retail establishments by no later than June 17, 2000.
Councilman Branch will forward the suggestions of Joe Taylor, Vice President - Taylor's Do It Center, to
the Planning Commission. Council Lady Henley hoped these remarks would be encompassed within the
considerations of the Planning Commission relative large retail establishments
Council Lady Henley was very supportive of the previous recommendation of Council Lady McClanan to
consider large retail establishments as conditional uses.
BY CONSENSUS, Resolutions shall be SCHEDULED for the City Council Session of June 6, 2000,
referring to the Planning Commission proposed amendments to the City Zoning Ordinance and
consideration of large retail establishments as conditional uses. The Planning Commission shall be
DIRECTED to forward its recommendations to the City Council by July 14, 2000.
May 23, 2000
- 56-
Item V-N.
ADJOURNMENT
ITEM # 46672
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:55 P.M.
Beverly O. Hoo ,
Chief Deputy City Clerk
JRuth Hodges Smith, MMC
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
May 23, 2000