HomeMy WebLinkAboutAPRIL 24, 2001 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-l.~rge
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
LINWOOD 0 BRANCH, 111, Beach -Dtstrtct 6
MARGARET L EURE, Centervtlle - Dtstrtct 1
WILLIAM W HARRISON, JR, Lynnhaven -Dtstnct 5
BARBARA M HENLEY, Prtncess Anne -Dtstrtct 7
LOUIS R JONES, Baystde -Dtstrtct 4
REBA S McCLANAN, Rose Hall - Dtsmct 3
ROBERT C MANDIGO, JR, Kempsvdle -Dtstnct 2
NANCY K PARKER, At-Large
ROSEMARY WII..~ON, At-Large
JAMES K SPORE, Ctty Manager
LESLIE I.. LILLEY, Ctty Attorney
RUTH HODGES-SMITH, MMC, Ctty Clerk
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING i
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757)426-5669
EMAIL Ctycncl~ctty vtrgmta-beach va.u~
April 24, 2001
I. INFORMAL SESSION
- Conference Room -
12:30 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
II. CITY COUNCIL WORKSHOP
- Conference Room-
2:00 PM
Ao
FY 2001-2002 MANAGEMENT RESOURCE PLAN
Catheryn Whitesell, Director, Management Services
1. Cultural and Recreational Opportunities
2. Family Youth Opportunities
m.
CITY MANAGER'S BRIEFINGS
A.
B,
MINORITY BUSINESS COUNCIL ANNUAL REPORT
Patficia A. Phillips, Director, Department of Finance
COMMERCIAL PARKING LOT ORDINANCE
Robert J. Scott, Director, Department of Planning
IV. REVIEW OF AGENDA ITEMS
V. CITY COUNCIL COMMENTS
VI. FORMAL SESSION
- Council Chamber-
6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
C.
Practitioner Helen Bamell
First Church of Christ Scientist
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
April 10, 2001
Go
AGENDA FOR FORMAL SESSION
The Consent Agenda will be determined during the Agenda Review Session and considered
in the or&nary course of business by City Counctl to be enacted by one motion.
H. PUBLIC HEARINGS
1. REAL PROPERTY TAX INCREASE re Overall Assessment Growth of 4.25%
.
RESOURCE MANAGEMENT PLAN (Budget/CIP)
a.
g.
h.
i.
j.
k.
1.
m.
FY 2001-2002 Operating Budget - $1,191,303,115
FY 2001-2002 Capital Budget - $1,834,537,066
Issuance of General Obligation Bonds (Public Improvements) - $57.7-Million
Issuance of Water/Sewer Utility Revenue Bonds - $11 -Million
Issuance of Storm Water Utility Revenue Bonds - $200,000
Stormwater Management Fee Increases
Sanitary Sewer Service Charge Fee Increases
Permit, Inspection and Guarantee Fees
Establish Zoning Verification Letter Fee
Board of Zoning Appeals Fee Increase
Cigarette Tax Increase
Restaurant Meal Tax Increase
Transient Lodging Tax Increase/Other Amendments
VOTING PRECINCTS AND POLLING PLACE CHANGES
Village Precinct
Colony Precinct
Buckner Precinct
District 5 - Lyrmhaven
District 5 - Lynnhaven
District 7 - Princess Anne
ORDINANCES/RESOLUTIONS
.
Ordinance to AMEND and REORDAIN §10.1 of the City Code re Election Precincts and
Polling Places as required by population changes reflected in the 2000 Census:
Village Precinct
Thalia Lynn Baptist Church
4392 Virginia Beach Boulevard
(DISTRICT 5 - LYNNHAVEN)
Colony Precinct
Lynnhaven Colony Congregational Church
2217 W. Great Neck Road
(DISTRICT 5- LYNNHAVEN)
Buckner Precinct
Holy Spirit Catholic Church
1396 Lynnhaven Parkway
(DISTRICT 7 - PRINCESS ANNE)
2. Ordinances to AMEND and REORDAIN the City Code:
a.
§2-20 re changing the time of ALL Formal Sessions of the City Council from 2:00
PM to 6:00 PM.
b. {}34-5 re License Requirements for Public Swimming Pools
c. {}23-51 re Tattooing
d. §23-53.1 re Body Piercing Minors
e.
Alternate Version - Ordinance to AMEND and REORDAIN §111, {}401, {}501,
{}601, {}901, §1001, {}1511, {}1521 and {}1531 ofthe City Zoning Ordinance (CZO)
re Body Piercing Establishments and Tattoo Parlors.
.
Ordinance to AMEND the FY 2000-2001 Capital Improvement Budget bythe establishment
of a Revenue Assessment and Collection System; and, TRANSFER $1,200,000 fi'om the
City/School Human Resources/Payroll System to fund the first phase.
.
Ordinance to authorize acquisition ofproperty in fee simple for Fair Meadows re adequate
storm water drainage and other public purposes, including temporary and permanent
easements, by agreement or condemnation (DISTRICT 2 - KEMPSVILLE)
Ordinances to grant five-year renewal franchises to operate open air cafes on public
property in the Resort Area; and, to authorize the City Manager to execute franchise
agreements (DISTRICT 6 - VIRGINIA BEACH):
a.
Newcastle Motel, Inc., T/A Cabana Caf6
Boardwalk Caf6
1203 Atlantic Avenue
b.
Herrengarten, Inc., T/A Cities by the Ocean
Connector Park Caf6
4005 Atlantic Avenue
Clearwater Investment Associates, Inc., d/b/a
Sheraton Oceanfront Virginia Beach, T/A
Dolphin Watch, Boardwalk Caf6
3501 Atlantic Avenue
d.
Virginia George Co., Inc., T/A Dough Boys
California Pizza, Sidestreet Caf6
1700 Atlantic Avenue
e,
AHATA, Inc., T/A Pier 23
Atlantic Avenue Sidestreet Caf6
2224 Atlantic Avenue
.
.
.
Beachside LLC, T/A Yacht Club Caf6
(Formerly known as Surfside Caf6)
Boardwalk Caf6
2607 Atlantic Avenue
Resolution referring to the Planning Commission an Ordinance to AMEND the City Zoning
Ordinance (CZO) by defining the terms "trucld' and "trader", redefining the term "motor
vehwle sales and rental"; allowing truck and trailer rentals 0nly as an accessory use in the
B-2 Community Business, B-3 Central Business District and B4 Resort Conmaerciai
District, and, allowing such rentals as a principal use in the I-1 and 1-2 Industrial Zoning
Districts (Requested by Council Lady Nancy K. Parker) (Deferred Indefinitely 4/10/01)
Resolution re proposed Modifications to enhance the 31st Street Project; recommending
approval by the Virginia Beach Development Authority; and, authorizing development of
amendatory documents in conformity therewith.
Tax Refunds: $4,573.51
J,
PLANNING
PLANNING BY CONSENT - To be determined dunng the Agenda Review Session.
.
Application of PACE CONSTRUCTION and DEVELOPMENT CORPORATION for
a Modification of Proffers approved June 27, 2000, on a Change of Zoning Dtstrict
Classification from AG-1 and AG-2 Agricultural Dtstricts to Conditional R-15 Re~ide.ntia. l
District on the west side of Indian River Road, south of Elbow Road, containing 173.5 acres
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
.
Application of STERLING W. and BONNIE J. THACKER for a Modification of
Pro_ffers approved January 8, 1991, on their Con&tional Change of Zoning District
Classification fi.om A G-2 Agricultural District to B-2 Community Business Dtstrict at 3756
Indian River Road, containing 2.967 acres (DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
.
Petition of EWALBE, L.L.C., for the discontinuance, closure and abandonment of a 20-
foot alley on the north side of 15z Street west of Atlantic Avenue and running in a northerly
direction, containing 2600 square feet (DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
.
Petitions of THE RIJNNYMEDE CORPORATION for the discontinuance, closure and
abandonment of: (DISTRICT 3 - ROSE HALL)
a.
Portion of South Boulevard (formerly 4t~ Street) at the intersection with Sentara Way
and running westerly, containing 21,869 square feet.
b.
Portions of A and 5th Avenues south of South Boulevard (formerly 4~h Street), to the
southern boundary of 5~ Avenue, containing 15,003 square feet.
Recommendation:
APPROVAL
Application ofLAVERNE K. COLEY for a Variance to Sections 4.4(b) and 4.4(d) of the
Subdivision Ordinance which requires that all newly created lots met all the requirements of
the City Zoning Ordinance (CZO) and have direct access to a public street on Gum Avenue
(DISTRICT 4- BAYSIDE)
Staff Recommendation:
Planning Commission Recommendation:
DENIAL
APPROVAL
.
.
Application of MICHAEL and JANE CULLIPHER for a Conditional Use Permit for a
borrow pit on the east side of Princess Anne Road, north of Old Pungo Ferry Road (772
Princess Anne Road), containing 138.413 acres (DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
Application of SAM'S REAL ESTATE BUSINESS TRUST for a Conditional Use Permit
for an automobile service establishment on the south side of Virginia Beach Boulevard, east
of North Plaza Trail, containing 11.64 acres (DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
r.
APPOINTMENTS
BEACHES AND WATERWAYS COMMISSION
COIVIMUNITY SERVICES BOARD (CSB)
[In accordance vath %rgima State Code, Section 37.1-195, the nommauon
of Susie Whitehurst will be subject to City Council approval]
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PLANNING COMMISSION
L. UNFINISHED BUSINESS
Mo
NEW BUSINESS
1. ABSTRACT OF LEGAL CIVIL CASES - Resolved by the City Attorney - March 2001
N,
SCHEDULE: RESOURCE MANAGEMENT PROCESS --- REVISED
Topic Location Date/Time
Reconcfiiataon Workshop: Conference Room May 1st
Resource Management Plan - Adoption Spectal Meeting May 15e~ -
Council Chamber 4:00 PM
I II Ill Illl II I I
EFFECTIVE TUESDAY, MAY 1,1001:
ALL FORMAL SESSIONS OF CITY COUNCIL WILL BEGIN ON TUESDAYS AT 6:00 PM
(This changes the first and second Tuesdays, normally held at 2:00 PM, to 6:00 PM)
04/20/01BAP
AOENDA\04-24-01,PLN
www.vtrgiaia-boach.va.us
If you are physically disabled or visually impaired
and need assistance at flus meeting,
please call the CITY CLERK*S OFFICE at 4274303
Hearing impaired, call: TDD only 42%4305
(TDD - Telephonic Device for the Deaf)
OUR NI
MINUTES
VIRGINIA BEACH CITY COUNCIL
V~rg~ma Beach, Virg~ma
Aprt124, 2001
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEA CH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, Aprt124, 2001, at 12 30
PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R .Jones, Reba S McClanan, Robert C
Man&go, .Ir, Mayor Meyera E Oberndorf,, Nancy K Parker, Wtlham
D Sessoms, .Ir and Rosemary Wtlson
Counctl Members Absent
None
-2-
ITEM it 48032
Mayor Oberndorf entertatned a motion to permtt Ctty Counctl to conduct tts CLOSED SESSION, pursuant
to Sectton 2 1-344(A), Code of Vtrgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews of prospecttve
candtdates for employment, asstgnment, appotntment, promotton, performance, demotton,
salartes, dtsctphntng, or restgnatton of spectfic pubhc officers, appotntees, or employees
pursuant to Sectton 2 1-344 (A) (1)
To Wtt
Boards and Commtsstons
Beaches and Waterways Commtsston
Commumty Servtces Board
Francis Land House Board of Governors
Planntng Commtsston
PUBLICLY-HELD PROPERTY Dtscusston or constderatton of the acqmsttton of real
property for a pubhc purpose, or of the dtsposttton of pubhcly-held real property, where
dtscusston tn an open meettng would adversely affect the bargatntngposttton or negottattng
strategy of the pubhc body pursuant to Sectton 2 1-344(A)(3)
To- Wtt Acqutsttton/dtsposttton of Property -Prtncess Anne Dtstrtct
Rudee Loop Property
31st Street
LEGAL MAJTERS Consultatton wtth legal counsel or brtefings by staff members,
consultants, or attorneys pertatmng to actual or probable httgatton, or other specific legal
matters requtrtng the provtston of legal advice by counsel pursuant to Sectton 2 1-
344(A)(7)
To Wtt Joynt Enterprtses, Inc v the Ctty Counctl Thomas, et al v the Hampton Roads Transtt
Anctent Art Tattoo Studto, Ltmtted v Ctty of Vtrgtnta Beach et al
Contractual Issue - 31st Street
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Mandtgo, Ctty Council voted to proceed
tnto CLOSED SESSION.
Vottng 11-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr, Barbara M Henley,
Louts R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf,
Nancy K Parker, Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, dr
Counctl Members Voting Nay
None
Counctl Members Absent
None
Counctlman Harrtson dtsclosed hts confltct and stated he would leave the room for the discussion of the
acqutsttton/dtsposttton of Property -Prtncess Anne Dtstrtct
Counctl Lady Wtlson presented the Ctty Clerk wtth her letter of disclosure and was absent durtng the
dtscusston of the Rudee Loop Property and 31st Street During the Formal Sesston re Item VI-I 7 (31s' Street
Modtficattons), Counctl Lady Wtlson verbally DISCLOSED and ABSTAINED as her husband ts a
prtnctpal tn the accounttng firm of Goodman and Company and earns compensatton whtch exceeds
$10,000 O0 annually Goodman and Company has provtded accounttng and tax servtces related to the
proposal before Ctty Councd The Ctty Attorney has advtsed that she ts requtred to dtsclose any personal
tnterest as tt meets the crtterta of a personal tnterest tn the transactton under the Confltct of Interests Act
and ts dtsquahfied from parttctpattng tn thts transactton Counctl Lady Wtlson 's letter of Aprt124, 2001, ts
hereby made a part of the record
(Time of Closed Session: 12:32 P.M. to 5:00 P.M.)
Aprt124, 2001
-3-
ITEM # 48033
Mayor Meyera E Oberndorf RECONVENED the INFORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL tn the City Counctl Conference Room, City Hall Butldmg, on Tuesday, April 24, 2001, at
500PM
Counctl Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham ~ Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Rosemary ~tlson and Vtce Mayor l~tlham D Sessoms dr
Counctl Members Absent
None
Aprt124, 2001
Item LE.
-4-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48034
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Eure, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Session to
whtch thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convening the Closed Sesston were heard, &scussed or constdered by
Vtrgtnta Beach Ctty Counctl
Voting 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker*,
Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
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 # 48032, page 2, and in accordance with the
prowsions 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 Virgima 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 th~s certification resolution applies; and, (b) only such pubhc 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 Smith, MMC
City Clerk
April 24, 2001
-5-
C I T Y COUNCIL WORKSHOP
FY 2001-2002 MANAGEMENT RESOURCE PLAN
ITEM # 48035
Thes FY 2001-2002 MANAGEMENT RESOURCE PLAN WORKSHOP re Cultural and Recreational
Opportunities/Family Youth Opportunities was RESCHEDULED for the Ctty Counctl Sesston of May 1,
2001
Aprtl 24, 2001
-6-
CITY MANAGER'S BRIEFING
MINORITY BUSINESS COUNCIL ANNUAL REPORT
5:05 P.M.
ITEM # 48036
Loutsa Strayhorn, Chatr- Mtnortty Bustness Counctl, introduced the Members of the MBC
Sylvta Strtckland Prtmm
Vice Chatr
Counctl Lady Margaret Eure
Ltatson
Edward L Hamm
Shewhng Moy Wong
Helen Prett
Luts Rtvera
(unable to attend)
Mrs Strayhorn extended spectal apprectatton to Ctty staff who have supported the Mtnortty Bustness
Counctl on a conttnuous basts Patrtcta Phtlhps -Dtrector of Ftnance, John McConnell- Acttng Purchastng
Agent and Loretta Brown -Administrative Secretary
The Mission of the Minority Business Council was retterated
To asstst the Ctty tn tts effort to tncrease parttctpatton of mtnortty
owned bustnesses, woman-owed bustnesses and small bustnesses tn the
procurementprocess and to assure thatprocurement opportuntttes are
made avatlable to all persons regardless of race, rehgton, color, sex,
nattonal ortgtn or dtsabthty
GOALS
Identify and encourage ctty agenctes and firms projecttng the ctty's
tmage to fatrly reflect Vtrgtnta Beach as a Ctty of ethmc and ractal
dtverstty when carrytng forward the ctty's busmess
Help achteve and matntatn the opportuntty for tmproved mtnortty
bustness parttctpatton levels tn the procurement process for goods,
servtces, constructton and houstng
Relattve the changes tn the 2000 Census, "people of color" have moved from 19% to now 29% of Vtrgtnta
Beach's populatton
2000 Accomplishments
Conducted the Thtrd Annual Mtnortty Business Counctl Conference
and EXPO November 30, 2000 The Awards banquet honored local
rectptents Gabrtel Gray -Ttdewater Demohtton and Constructton
Marie Loumer -Htghway Electrtc and John Johnson - Cavaher
Sportswear
Improved and Revised Reports
More emphasts on expendttures
Abthty to track spectfic changes that occur between fiscal years
Aprtl 24, 2001
-7-
CITY M/INA GER 'S BRIEFING
MINORITY BUSINESS CO UNCIL ANNUAL REPORT
ITEM # 48036 (Continued)
Regional Networking
TRMPC (Ttdewater Regtonal Mmortty Planning Counctl)
Incubator project Don Maxwell, Director of Economt c
Development tntroduced this concept to the Councd
The Counctl ts pleased to parttctpate
Incorporated Minority Awareness Education into the Ctty's Procurement Trammg Sesstons
Technology
More comprehensive data on btds on web-stte
E-mad Btd Nottficatton Servtces offered (Demand Star com)
Created separate sectton on the Ctty's Web-&re for the Mmortty
Business Councd
Mrs Strayhorn extended apprectatton to John McConnell for completton of the excellent Comparattve
Expen&ture Report by Mmortty class~ficatton
Goals for 2001
Improve procurement process
Improve outreach
Promde opportumttes for prtme contractors and mmortty subcontractors to network
Contmue on-going research and analysts of data
Long Range Goals
Develop arttcles for pubhcatton
Utthze the resources of local Instttutes of Htgher Learning
Develop and Atr Programs on VBTV
Vartous charts wtthtn the Power Potnt presentatton tndtcated
Expenditures with Minority Business Enterprise increased 30.84%
Fiscal Year 1999 - Minority Payment Data Total Expenditures: $2,264,992
Fiscal Year 2000 - Minority Payment Data Total Expenditures: $2,963,610
The number of Women-Owned Businesses doing business with the City increased 15.91%
The Dollar Value of contracts awarded to Minorities - as they related
to Housing and Neighborhood Preservation construction
solicitations - increased 44. 03 %
The percentage of mtnortty btdders sohctted and respon&ng to formal sohcttattons tssued by the City for
goods, services and construction increased by 4.46% and 3.30% respectively The dollar value of mmortty
contracts awarded for goods and servtces procured through the ctty's formal procurement methods
tncreased more than 300%
Aprt124, 2001
-8-
CITY MANAGER'S BRIEFING
MINORITY BUSINESS CO UNCIL ANNUAL REPORT
ITEM # 48036 (Continued)
The number of mtnortty awards made for constructton projects procured through the ctty's formal
procurement methods rematned constant, but the dollar value dechned
Payments made to Minorities
FY 1999 and FY 2000
Total payments to mtnortty
vendors
Total payments to all
compettttve vendors*
% oftotalpayments to mtnortty
vendors
1999
$ 2,264, 992
$ 90,410,586
2 51%
2000
$ 2,963,610
$ 99,473,550
2 98%
*Payments tn categortes where mtnortttes are tdenttfied Excludes categortes such as utthttes,
debt servtce, etc
Payments Made to Woman-Owned Businesses
FY 1999 and FY 2000
Total payments to woman-
owned vendors
Total payments to all
compettttve vendors*
% oftotalpayments to women-
owned vendors
1999
$ 1,326,182
$ 90,410,585
1 47%
2000
$ 1,216,885
$ 99,473,550
1 22%
*Payments tn categortes where mtnortttes are tdenttfied Excludes categortes such as utthttes,
debt servtce, etc
Mayor Oberndorf expressed appreciation to Mrs Strayhorn and the Members of the Mtnortty Business
Council for the excellent report
April 24, 2001
-9-
CITY MANAGER'S BRIEFING
COMMERCIAL PARKING LOT ORDINANCE
ITEM # 4803 7
The Ctty Manager's Brtefing re the COMMERCIAL PARKING LOT ORDINANCE was rescheduled for
the Ctty Counctl Sesston of May 1, 2001
Aprt124, 2001
- lO-
AGENDA RE VIEW SESSION
5:30 P.M.
ITEM # 48038
Counctlman Branch referenced Or&nances upon apphcatton of BILL Y W. CHAPLAIN a for a Condttzonal
Change of Zonmg and Conditional Use Permit (DENIED 3/27/01) Mr Chaplain has requested a ttme hmtt
for the Condtttonal Use Permtt Thts ttem wtll be ADDED to the Agenda to adverttse and schedule
RECONSIDERATION.
ORDINANCES UPONAPPLICA TION OF BILL Y W CHAPLAIN FOR
A CONDITIONAL CHANGE OF ZONING FROMA- 12 AND RT-3 TO
CONDITIONAL B-2 AND A CONDITIONAL USE PERMIT FOR A
BULK STORM GE YARD
ITEM # 48039
The Ctty Attorney advised he would hke to ADD an Ordtnance to AMEND the Ctty Code ADDING 3~18-
64 I and 3q18-104 2 re health permits and business licenses for Body Piercing/Tattooing
Thts Ordtnance shah be ADDED to NEIV BUSINESS.
ITEM # 48040
12 Or&nances to AMEND and REORDAIN the Ctty Code
c ~23-51 re Tattooing
d 3~23-53 1 re Body Piercing Mtnors
Alternate Verston - Ordtnance to AMEND and REORDAIN
3~III, 3~401, ~501, 3q601, 3q901, 3qlO01, 3qi51I, 3~1521 and
3~1531 of the Ctty Zomng Ordtnance (CZO) re Body
Piercing Establishments and Tattoo Parlors.
The Cay Attorney advtsed a package of Revtsed Ordtnances wtll be dtstrtbuted to Ctty Counctl
ITEM # 48041
BY CONSENSUS, the followtng shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTIONS
12 Ordtnances to AMEND and REORDAIN the Ctty Code
a 3~2-20 re changtng the ttme of ALL Formal Sessions of the City
Counctl from 2 O0 PM to 6 O0 PM
b 3~34-5 re License Requirements for Public Swimming Pools
13
Ordtnance to AMEND the FY2000-2001 Capttal Budget by
the estabhshment of a Revenue Assessment and Collection
System; and, TRANSFER $1,200, O00 from the Ctty/School
Human Resources/Payroll System to fund the first phase
I4
Ordtnance to authorize acquisition of property tn fee stmple
for Fair Meadows re adequate storm water dratnage and
other pubhc purposes, tncludtng temporary and pertnanent
easements, by agreement or condemnatton (DISTRICT 2 -
KEMPSVILLE)
Aprtl 24, 2001
-Il-
AGENDA RE VIEW SESSION
ITEM # 48041 (Continued)
15
Ordtnances to grant five-year renewal franchises to operate
open air cafes on pubhc property tn the Resort Area, and,
to authortze the Ctty Manager to execute franchtse
agreements (DISTRICT 6 - VIRGINIA BEACH)
a Newcastle Motel, Inc, T/A Cabana Cafd
Boardwalk Cafe
1203Atlanttc Avenue
b Herrengarten, Inc, T/A Ctttes by the Ocean 4005 Atlanttc Avenue
Connector Park Cafe
c Clearwater Investment Assoctates, Inc, 3501 Atlantic Avenue
d/b/a Sheraton Oceanfront Vtrgtnta Beach, T/A
Dolphtn Watch, Boardwalk Cafe
d Vtrgtnta George Co, Inc, T/A Dough Boys 1700 Atlanttc Avenue
Cahforma Ptzza, Stdestreet Cafe
e AHA TA, Inc, T/A Pter 23
Atlanttc Avenue &destreet Cafe
2224 Atlanttc Avenue
f Beachstde LLC, T/A Yacht Club Cafe
(Formerly known as Surfstde CafO
Boardwalk Cafe
2607 Atlantic Avenue
16
Resolutton referring to the Planmng Commtsston an
Ordtnance to AMEND the Ci~_ Zoning Ordinance (CZO)
by defintng the terms "truck" and "tratler", redefimng the
term "motor vehtcle sales and rental", allowing truck and
trader rentals onl_¥ as an accessory use tn the B-2
Community Business, B-3 Central Business District and B-
4 Resort CommercialDistrict, and, allowtngsuch rentals as
a principal use tn the I-1 and 1-2 Industrial Zoning
Districts (Requested by Councd Lady Nancy K Parker)
(Deferred Indefimtely 4/10/01)
1 8 Tax Refunds: $4,573.51
Aprt124, 2001
- 12-
AGENDA RE VIE W SESSION
ITEM # 48042
J 3 Petttton of EWALBE, L.L.C., for the chsconttnuance,
closure and abandonment of a 20-foot alley on the north
stde of15'h Street west of Atlanttc Avenue and runmng tn a
northerly dtrectton, contatmng 2600 square feet (DISTRICT
6- BEACH)
Councdman Branch advtsed thts wdl be dtscussed durtng Formal Sesston, as there may be opposttton
ITEM # 48043
J5
Apphcatton of LAVERNE K. COLEY for a Vartance to
Sections 4 4(b) and 4 4(d) of the Subchvtston Ordtnance
whtch requires that all newly created lots meet all the
requtrements of the Ctty Zontng Ordinance (CZO) and have
&rect access to a pubhc street on Gum Avenue (DISTRICT
4 - BA YSIDE)
Counctlman Jones wtshed thts ttem dtscussed durtng Formal Sesston as the Staff recommended dental
ITEM # 48044
J 6 Apphcatton of MICHAEL and JANE CULLIPHER for a
Condtttonal Use Permtt for a "temporary and hmtted"
borrow ptt on the east stde of Prtncess Anne Road, north of
Old Pungo Ferry Road (772 Princess Anne Road),
contatntng 138 413 acres (DISTRICT 7- PRINCESS ANNE)
Councd Lady Henley advtsed thts ts actually for dtggtng an trrtgatton pond tn a very hmtted ttme frame
ITEM # 48045
B Y CONSENSUS, the following shall compose the PLANNING B Y CONSENT AGENDA:
J1
Apphcatton of PACE CONSTRUCTION and
DEVELOPMENT CORPORATION for a Modification of
Proffers approved June 27, 2000, on a Change of Zomng
Dtstrtct Classtficatton from AG-1 and AG-2 Agrtcultural
Dtstrtcts to Condtttonal R-15 Residential Dtstrtct on the
west stde of In&an Rtver Road, south of Elbow Road,
containing 173 5 acres (DISTRICT 7 - PRINCESS ANNE)
J2
Apphcatton of STERLING IF. and BONNIE J. THA CKER
for a Modification of Proffers approved January 8, 1991,
on their Condtttonal Change of Zontng Dtstrtct
Classtficatton from AG-2 Agrtcultural Dtstrtct to B-2
Communtty Bustness Dtstrtct at 3756 In&an Rtver Road,
contatmng 2 967 acres (DISTRICT 7 - PRINCESS ANNE)
J4
Pettttons of THE R UNNYMEDE CORPORATION for the
chsconttnuance, closure and abandonment of (DISTRICT3 -
ROSE HALL)
Portion of South Boulevard (formerly 4th StreeO at the
tntersectton wtth Sentara Way and runmng westerly, contatmng
21,869 square feet
Porttons of A and 5'h Avenues south of South Boulevard
th
(formerly 4th StreeO, to the southern boundary of 5 Avenue,
contatntng 15, 003 square feet
Aprt124, 2001
- 13-
AGENDA RE VIE W SESSION
ITEM # 48045 (Continued)
J 6 Apphcatton of MICHAEL and JANE CULLIPHERfor a
Condtttonal Use Perrmt for a "temporary and hmtted"
borrow ptt on the east stde of Pnncess Anne Road, north of
OM Pungo Ferry Road (772 Prtncess Anne Road),
contatntng 138 413 acres (DISTRICT 7 - PRINCESS ANNE)
J 7 Apphcatton of SAM'S REAL ESTATE BUSINESS TRUST
for a Condtttonal Use Permtt for an automobtle servtce
estabhshment on the south stde of l/trgtnta Beach
Boulevard, east of North Plaza Tratl, contamtng 11 64 acres
(DISTRICT 3 - ROSE HALL)
Aprd 24, 2001
- 14-
CITY COUNCIL COMMENTS
5:35 P.M.
ITEM # 48046
Councdman Harrtson referenced a concern from the Virginia Beach Christian Life Center Councdman
Harrtson wtshed thts apphcatton expedtted as State Law requtres tf the church has more than one stte tn
the Ctty, Ctty Counctl approves a church's ownership of more than 15 acres Virginia Beach Christian Life
Center has another stte on Seaboard Road, however, they have been operattng tn a rental envtronment at
1000 North Great Neck Road (former site of Ftrst Assembly of God) The Center now has the opportumty
topurchase thts Chapel and are, therefore, requesttng an Ordtnance approvmg same Councdman Harrtson
requested thts ttem be scheduled for the Ctty Counctl Sesston of May 1, 2001
The Ctty Attorney advtsed this ttem ts betng revtewed to determtne tf an ordtnance ts requtred The Ctty
Attorney wall advtse
ITEM # 4804 7
Vtce Mayor Sessoms referenced the correspondence to Members of the Ctty Councd and School Board
relattve the Review of the City/School Revenue Sharing Policy Thts correspondence was jotntly stgned
by Chatrman Damel D Edwards, Vtce Mayor Wdham D Sessoms, Jr, School Board Member Ned L Rose,
Councd Lady Reba S McClanan, Supermtendent Ttmothy R Jenner and Ctty Manager James K Spore
ITEM # 48048
Mayor Oberndorf referenced a restdent from Lake Trant had expressed concerns relattve thetr dredgtng
The Ctty Manager advtsed thts ts a much larger job than ortgtnally esttmated and wdl take longer to
accomphsh as well as requtrtng ad&ttonal funds John Herzke, Ctty Engtneer, advtsed meettng wtth the
restdents Another meeting ts scheduled for May Seventh Thts dredgtng wdl entad more funds than currently
avadable Thts drainage ts more of an aesthetic issue It entatls removal of the sedtment and restoratton of
the "fingers"of the lake
A portton of the dratnage, the first several "fingers", would be accomphshed the followtng year when
suffictent funds were avadable tn the project The rest of the lake project would be accomphshed as funds
are programmed tn the Capttal Improvement Program The full dredgtng entaded a cost of over SI-
MILLION.
C Oral Lambert, ChtefofStaff, advtsed attendtng the meettng The representattves seemed to accept the
resolutton dtscussed One restdent chd have some floodtng tn her area and the staff wall tnvesttgate this
sttuatton, however, the rest of the dratnage was aesthettc The water ts shallow with an alga bloom problem
and an odor problem extsts
ITEM # 48049
Counctl Lady Parker tnqutred relattve the directional signs in the southern portion of the City Concerns
have been ratsed that the stgns have been tncreased to approxtmatelyfive feet long and eleven tnches htgh
Mr Lambert advtsed the staff has coordtnated wtth the Agrtcultural Advtsory Commtsston and the
Community served and several samples have been revtewed Thts ts a controverstal tssue whtch has not been
finahzed The stze of the stgn agreed upon by the Commtttee was an 11" blade wtth 5" letters and long
enough to accommodate the names Thts ttem may be returned for the Ctty Councd's revtew
Aprt124, 2001
-15-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
April 24, 2001
2:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Councd Chamber, Ctty Hall Buddtng, on Tuesday, Aprd 24, 2001, at 6 O0 P M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker,
Rosemary Wdson and Vtce Mayor Wdham D Sessoms, Jr
Councd Members Absent
None
INVOCATION
Practtttoner Helen Parnell
Ftrst Church of Chrtst Sctenttst
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vtce Mayor Sessoms, betng a Corporate Officer of Wachovta Bank, DISCLOSED there were no matters
on the agenda tn whtch he has a "personal tnterest", as defined tn the Act, etther tndtvtdually or tn hts
capactty as an officer of Wachovta Bank The Vtce Mayor regularly makes thts Dtsclosure as he may not
know of the Bank's tnterest tn any apphcatton that may come before Ctty Councd Vtce Mayor Sessoms' letter
of January 2, 2001, ts hereby made a part of the record
Aprtl 24, 2001
Item VI-F 1
-16-
MINUTES
ITEM # 48050
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Wtlson, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of April 10, 2001.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 24, 2001
Item VI-G 1
-17-
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 48051
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
And ADDED
Ordtnance to AMEND the Ctty Code to ADD ~18-64 1 and 6~18-104 2 re
health permits and business licenses for Body Piercing/Tattooing. (to
New Business)
Reconsideration of 3/27/01 COZ and CUP apphcattons on behalf of Billy
Chaplain (District 6 - Beach) (to New Business)
Aprt124, 2001
- 18-
Item VI-G. 2
PRESENTATION
ITEM # 48052
Coach Gene Barrett advtsed the Red Tide, a 10 and under Basketball team comprtstttg players from
Chesapeake and Vtrgtnta Beach, won AA U on both the ,4 and B Divisions Thts ts the second consecuttve
tttle for the A Team, who has quahfied four trines for the Nattonals The teams compete under the leadershtp
of Boo Wtlhams Each of the young la&es stated their name and posttton Coach Barb Smtth expressed
apprectatton to the Ctty Counctl Hopefully, the teams wtll brmg the Nattonal Champtonshtp back to Vlrgmta
Beach The gtrls presented two T-shtrts to Mayor Oberndorf
Aprtl 24, 2001
-19-
Item VI-G.3.
PRESENTATION
ITEM # 48053
Coach Btll Cochrane - Salem Htgh School and John Gtlchrtst - State Basketball Player of the Year,
presented Mayor Oberndorf wtth the autographed Game Ball
On March 17, 2001, Salem Htgh School defeated Garfield for the State Basketball Championship
Aprt124, 2001
- 20 -
Item VI-G. 4.
PRESENTATION
ITEM # 48054
Mayor Oberndorf advtsed that on Aprtl Twenty-thtrd, she had the honor and prtvdege ofhavtng dtnner wtth
the Salvatton Army A plaque was presented for the Mayor to brtng to the Ctty Employees of Vtrgtnta Beach
tnscrtbed as follows
The Salvation Army thanks the City of Virginia Beach
Employees forproviding the "bear" necessities during the 2000
Christmas Season.
The Mayor advtsed Cay employees recetve bears from the Salvatton Army, whtch they dress as toys So
many employees parttctpate annually, that thousands of chtldren are rectptents of these gtfts
Beverly Hooks, Chtef Deputy Ctty Clerk, accepted the plaque, whtch wtll be placed tn theJbyer of Ctty Hall
for all the employees
Aprt124, 2001
- 21 -
Item VI-G. 5.
PRESENTATION
ITEM # 48055
Mayor Oberndorf recogmzed and welcomed Mr Borgerd~ng and hts twenty-five students of the Kemps
Landing Magnet School The students are worktng on a C~wcs Project "How to Create a C~ty' Many other
students were home tuned ~nto Channel 48
Aprd 24, 2001
- 22 -
Item VI-H. 1.
PUBLIC HEARING
ITEM # 48056
Mayor Oberndorf DECLARED ,4 PUBLIC HEARING:
REAL PROPERTY TAX INCREASE re Overall Assessment Growth of 4.25%
The followtng regtstered tn OPPOSITION:
Brtan Kterwtn, 304 Crtpple Creek Court 23462, Phone 463-0399
Al Strazzullo, 3120 Sand Ptne Road 23451, Phone 481-0024
George Kotartdes, 836 Vanderbudt Avenue 23451, Phone 425-0031
Vtctorta Rtzzt, 1261 Belvotr Lane 23464, Phone 424-0607
Marton Goodman, Lynnhaven Martne 23451, Phone 481-0700
Richard Welton, 49th Street 2351, Phone 481-1226
Gale Levtne, Martna Shores 23451, Phone, 496-0979
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
Aprt124, 2001
Item VI-H.2.
- 23 -
PUBLIC HEARING
ITEM # 4805 7
Mayor Oberndorf DECLARED A PUBLIC HEARING:
RES O UR CE M/INA GEMENT PLAN (Budget/CIP)
FY2001-2002 Operattng Budget -
FY2001-2002 Capttal Budget -
Issuance of General Obhgatton Bonds
(Pubhc Improvements) -
Issuance of Water/Sewer Utthty Revenue Bonds -
Issuance of Storm Water Utthty Revenue Bonds -
Stormwater Management Fee Increases
Santtary Sewer Servtce Charge Fee Increases
Permtt, Inspectton and Guarantee Fees
Establish Zontng Vertficatton Letter Fee
Board of Zomng Appeals Fee Increase
Ctgarette Tax Increase
Restaurant Meal Tax Increase
Transtent Lodgtng Tax Increase/Other Amendments
$ 1,191,303,115
$ 1,834,53 7, 066
$ 57 7-Mtlhon
$11 -Mtlhon
$ 200,000
The followtng registered to speak
Ray Bach, 333 Edwtn Drtve 23462, Phone 593-6400, re Pohce Pay, watved rtght to speak
Bobby Mathteson, 333 Edwtn Drtve 23462, Phone 593-6500, Prestdent Vtrgtnta Beach Pohce Benevolent
Assoctatton re Pohce Pay
Pat Gough, 333 Edwtn Drtve 23462, Phone 468-4207, re Ctty Pay Plan
Chtp Condon, 333 Edwtn Drtve 23462, Phone 427-2301, re Ctty Pay Plan
Mark Bowman, 333 Edwtn Drtve 23462, Phone 430-1035, re Ctty Pay Plan
Robert }Veils, 1309 Sarasan Court 23452, Phone 486-8009, supports Harrts Road project
Lon K Lambert, 1001 Lyons Head 23452, Phone 463-7665, supports Harrts Road project
Dr Karen Bosch, 3121 Khne Drtve 23452, Phone 486-4711, supports Harrts Road project
Ann Donnal, 904 Royal Oak Close 23452, Phone 498-7221, opposttton to Harrts Road project
Roy Maddocks, 1308 Downs Lane 23455, Phone 464-1868 re Outdoors Plan
Kale Warren, 1177 Pond Cypress Drtve 23455, Phone 499-8150, re Outdoors Plan
Netll Hughes, 5309 Pandorta Avenue 23455, Phone 363-9273, re Outdoors Plan
Kelly Thorp, 1136 Revere Potnt Road 23455, Phone 363-75 75, re Outdoors Plan
Wtlham Barley, 4841 Rosecross Street 23464, Phone 495-0637, re Ftre Dept Pay
Sandy Ltnkous, 5225 S Lake Road 23455, Phone 464-1947, re Budget tn general
Bob Thomas, 1506 Colontal Avenue, Norfolk, VA 23517, Phone 627-3737, Dolphtn Ltberty
re strandtng center
Sunday Abbott, 524 Heather Drtve 23462, Phone 497-6764, Dolphtn Ltberty re stran&ng center
Marvtn Ennts, 3556 Shore Drtve 23455, Phone 363-1740, opposttton to Shore Drtve wtdentng to 6-lanes
Barbara Messner, P 0 Box 514 23451, Phone 422-1902, Frtends of 31st Street, re $57 70bhgatton Bonds
Stephen Young, 3305 Welwyn Muse 23452, Phone 463-3 763, opposttton to scope of Harrts Road project
Kal Kasstr, Vtce Chatrman- Shore Drtve Advtsory Commtsston, 2009 Alphtne Road 23451,
Phone 481-0398, opposttton to wtdentng to 6-lanes Shore Drtve Corridor
Ktt Lawrence, 3321 Glen Eden Quay 23452, Phone 463-2314, support Harrts Road project
Mark Gonsenhauser, 3036 Lynndale Road 23452, Phone 431-8464, support Harrts Road project
Clatre O'Neill, 3060 Khne Drive 23452, Phone 463-8040, support Harris Road project
Nancy Burrows, 1009 Chtnquaptn Lane 23451, Phone 491-8298, re $57 70bhgatton Bonds
Stacey Gardner, 546 Btltomore Drtve 23454, Phone 270-1595, re $57 70bhgatton Bonds
Btll Neely, Pubhc Affatrs Co-Ordtnator- PET~I, 4901 Ptney Branch Ct Apt 103 23451, Phone 622- 7382,
re VMSM Sran&ng Center vs proposed parktng
Davtd Cooper, 3209 Ntne Elms 23452, Phone 431-0122, support of Harrts Road Project
Dan Creedon, Cape Henry Shores 23451, Phone 496-3183, opposed to wtdentng of Shore Drtve to 6-lanes
Roger Maphts, Cape Story By the Sea 23451, Phone 412-2027, Save Mst Street
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
Aprt124, 2001
- 24 -
Item VI-H. 3.
PUBLIC HEARING
ITEM # 48058
Mayor Oberndorf DECLARED A PUBLIC HEARING:
VOTING PRECINCTS AND POLLING PLACE CHANGES
Village Precinct
Colony Precinct
Buckner Precinct
District 5 - Lynnhaven
District 5 - Lynnhaven
District 7- Princess Anne
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
Aprtl 24, 2001
- 25 -
Item VI-I.
ORDINANCES/RES OL UTIONS
ITEM # 48059
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED IN
ONE MOTION, Ordtnances/Resoluttons 2a/b, 3, 4, 5a-f, 6 and 8 of the CONSENT AGENDA.
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary
Wtlson and Vtce Mayor Wdham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
Item VI-I. 1.
ORDINANCES/RES OL UTIONS
- 26-
ITEM # 48060
Upon motton by Vtce Mayor Sessoms, seconded by Counctl Lady Wilson, Ctty Counctl ADOPTED:
Ordtnance to AMEND and REORDAIN ~10 1 of the Ctty Code re
Election Precincts and Polling Places as requtred by populatton changes
reflected tn the 2000 Census
Village Precinct
Thalia Lynn Baptist Church
(D IS TRI C T 5 - L YNNHA VEN)
Colony Precinct
Lynnhaven Colony Congregational Church
(D IS TRI C T 5 - L YNNHA VEN)
Buckner Precinct
Holy Spirit Catholic Church
(DISTRICT 7- PRINCESS ANNE)
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary
Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
AN ORDINANCE TO AMEND THE CITY CODE BY
ADDING THREE PRECINCTS AND POLLING PLACES
AS REQUIRED BY POPULATION CHANGES
REFLECTED IN THE 2000 CENSUS
SECTION AMENDED: SECTION 10-1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 10-1 of the City Code is hereby amended and
10 reordained to read as follows:
11 Sec. 10-1.
Establisb_ment of precincts and polling places.
12
There are hereby established in the city the following
13 precincts and their respective polling places, as set forth below:
14 Precinct
Polling Place
15 Alanton
Alanton Elementary School
16 Aragona
17
18 Arrowhead
Kemps Landing Magnet School
Arrowhead Elementary School
19 Baker
Heritage United Methodist Church
20 Bayside
Bayside Elementary School
21 Bellamy
Indian Lakes Elementary School
22 Blackwater
Blackwater Fire Station
23 Bonney
Center for Effective Learning
24 Brandon
Brandon Middle School
25 Buckner
Holy Spirit Catholic Church
26 Cape Henry
27
Research and Enlightenment Building
(Edgar Cayce Library)
28 Capps Shop
P.A. Mosquito Control Building
29 Centerville
Centerville Elementary School
30
Chesapeake Beach Bayside Baptist Church
31
College Park
College Park Elementary School
32
Colonial
Colonial Baptist Church
33
Colony
Lynnhaven Colony Conqregational Church
34 Courthouse Courthouse Fire Station
35 Creeds Creeds Fire Station
36
37
38
39
40
41
42
43
44
45
46
47
48
49
5O
51
52
53
54
55
56
57
58
59
60
61
62
63
Culver
Dahlia
Davis Corner
Eastern Shore
Fairfield
Forest
Glenwood
Great Neck
Green Run
Hilltop
Holland
Homestead
Hunt
Kings Grant
Kingston
Lake Smith
Landstown
Larkspur
Linkhorn
Little Neck
London Bridge
Lynnhaven
Magic Hollow
Malibu
Meadows
Mt. Trashmore
North Beach
Ocean Lakes
Ocean Lakes High School
Green Run High School
Bettie F. Williams Elementary School
Eastern Shore Chapel
Fairfield Elementary School
Kings Grant Elementary School
Glenwood Elementary School
Ail Saints Episcopal Church
Green Run Elementary School
Good Shepherd Lutheran Church
Holland Elementary School
Providence Presbyterian Church
Princess Anne Recreation Center
St. Nicholas Catholic Church
Kingston Elementary School
Bayside Church of Christ
Landstown Community Church
St. Andrews United Methodist Church
Virginia Beach Community Chapel
St. Aidan's Episcopal Church
London Bridge Baptist Church
Grace Bible Church
Roma Lodge No. 254
Malibu Elementary School
Pembroke Meadows Elementary School
Windsor Woods Elementary School
Galilee Episcopal Church
Ocean Lakes Elementary School
64 Ocean Park Bayside Christian Church
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
Oceana
Old Donation
Pembroke
Plaza
Point O'View
Providence
Red Wing
Rosemont Forest
Roundhill
Rudee
Salem
Seatack
Shannon
Shell
Sherry Park
Sigma
South Beach
Stratford Chase
Strawbridge
Thalia
Thoroughgood
Timberlake
Trantwood
Village
Windsor Oaks
Witchduck
Wolfsnare
Scott Memorial United Methodist Church
Old Donation Center for Gifted
Pembroke Elementary School
Lynnhaven Elementary School
Kempsville Church of Christ
Kempsville Recreation Center
Fire Training Center
Rosemont Forest Elementary School
Salem Middle School
Virginia Beach Volunteer Rescue Squad
Building
Salem United Methodist Church
Virginia Beach Law Enforcement Training
Academy
Church of the Ascension
Unity Church of Tidewater
St. Matthews Catholic Church
St. John the Apostle Catholic Church
Contemporary Art Center of Virginia
Providence Elementary School
Strawbridge Elementary School
Thalia Elementary School
Independence Middle School
White Oaks Elementary School
Virginia Beach Christian Church
Thalia Lynn Baptist Church
Windsor Oaks Elementary School
Bayside Presbyterian Church
Virginia Beach Christian Life Center
94 Woodstock Avalon Church of Christ
95
96
Central Absentee
Voter Precinct
Agriculture/Voter Registrar Building
97
98
Adopted by the
Virginia, on this
2~y Council Df the City of Virginia
day of April , 2001.
Beach,
99
100
101
102
103
CA-8078
DATA/ORDIN/PROPOSED/10- lord. wpd
April 3, 2001
R-4
104
105
106
107
APPROVED AS TO CONTENT
Voter Reg~t~ar
APPROVED AS TO
SUFFICIENCY:
LEGAL
~<~ty Attorney ~ffi~e V
-27-
Item VI-I. 2.
ORDINANCES/RES OL UTIONS
ITEM # 48061
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, City Counctl ADOPTED:
Or&nances to AMEND and REORDAIN the City Code
3~2-20 re changtng the ttme of ALL Formal Sessions of the Ctty Counctl
from 2 O0 PM to 6 O0 PM
~34-5 re License Requirements for Public Swimming Pools
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Rosemary
Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Councd Members Absent
None
Aprt124, 2001
AN ORDINANCE CHANGING THE TIME OF
CERTAIN REGULAR MEETINGS OF THE CITY
COUNCIL FROM 2:00 P.M. TO 6'00 P.M.
Section Amended- City Code 2-20
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
That Section 2-20 of the City Code is hereby amended and
reordained to read as follows:
Sec. 2-20. Time and place of regular meetings.
(a) Regular 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~~ second Tuesdays of eac~h
month at 2-00 p.m. and ~n-th~ 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. However, in July of each year,
regular meetings shall be held on the first two (2) Tuesdays of the
month at 2-00 6:00 p.m. No meetinqs shall be held on the third and
fourth Tuesdays in December. The council may also convene informal
meetings on the dates of regular formal meetings at such times as
the council may deem appropriate, and on the third Tuesday of every
month except July from 4:00 p.m. to 6'00 p.m. Informal meetings,
which shall be held in the council conference room adjacent to the
Council Chambers and at which no votes shall be cast, shall be for
the purpose of discussing matters of interest to the council, and
receiving briefings/reports from the city manager, city staff and
city boards, commissions, committees and other city agencies. The
city manager shall notify the public of the times of such informal
meetings in advance thereof.
(b) To accommodate citizen participation in public hearings,
the council may by resolution convene any council meeting at such
public facility in the city that will in the judgment of city
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council accommodate the citizens; provided, however, that notice
shall be provided to the press by the city manager.
(c) All formal and informal meetings of the council held in
either the Council Chambers or the Council Conference Room shall be
cablecast live, with the exception of the informal meeting held on
the third Tuesday of each month from 4:00 p.m. to 6:00 p.m. which
shall be recorded on audiotape.
BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That this Ordinance shall become effective on May 1, 2001.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24TM day of April, 2001.
CA-8090
ordin/proposed/02-020ord.wpd
R-3
April 18, 2001
AN ORDINANCE TO AMEND SECTION 34-5
OF THE CITY CODE PERTAINING TO
LICENSE REQUIREMENTS FOR PUBLIC
SWIMMING POOLS
SECTION AMENDED: ~ 34-5
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 34-5 of the City Code is hereby amended and
reordained to read as follows:
Sec. 34-5. License required; fee.
(a) No person shall operate a public swimming pool unless an
annual permit has been secured from the administrative authority of
the health department. This permit shall be issued only after
approval by the administrative authority, approval by the
electrical and plumbing official submittal of an inspection report
by a state reqistered electrician on forms approved by the
administrative authority, application and payment to the health
department of a fee of fifty dollars ($50.00) for seasonal
operation (four (4) months or less) and seventy-five dollars
($75.00) for yearround operation. The inspection report shall
certify to the Health Department and the City of Virginia Beach
that the public swimminq pool has been inspected by a registered
electrician and there are no electrical defects that could affect
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the public swimming pool's safe operation. The inspection report
shall further certify that the public swimminq pool is in
compliance with all applicable electrical codes. The operation and
maintenance of any public swimming pool in a manner not in
accordance with the provisions of this chapter will be
justification for cancellation of this permit.
(b) A public swimming pool permit shall be posted in view of
the public at the swimming pool involved.
(c) No public swimming pool permit shall be transferable and
any person holding such a permit shall give notice in writing, to
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the administrative authority within twenty-four (24) hours after
having sold, transferred, given away or otherwise disposed of his
interest in or control of the pool involved. Such notice shall
include the name and address of the person succeeding to the
ownership or control of such pool.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24TM day of April, 2001.
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CA-7665
DATA/ODIN/PROPOSED/34-05ord. wpd
R-4
April 9, 2001
- 28 -
Item VI-L2. c/d/e.
ORDINANCES/RES OL UTIONS
ITEM it 48062
Davtd Frttsch, 2624 B Oceanshore Avenue, Phone 412-4526, re tattoo ordtnance, requested the Zontng
Or&nance not be as strtngent
Asststant Ctty Attorney Wilham Macah and Karen Lasley, Zontng Admtntstrator, chstrtbuted REVISED
Ordinances:
Ctty Code Sectton 23-51 (Tattoo parlors) contatns the regulatory and
health requtrements for the operatton of tattoo parlors wtthtn the Ctty
Ctty Code Section 23-53 1 (Body Pterctng Estabhshments) contatns the
regulatory and health reqmrements for the operatton of body ptercmg
estabhshments wtthtn the Ctty
Or&nance to AMEND and REORDAIN 11111, 11401, 11501, 11601, 11901,
I[1001, 1115 l 1, 111521 and 111531 andADD Sectton 242 1 of the Ctty Zoning
Ordmance (CZO) re Body Piercing Establishments and Tattoo Parlors.
(Conditional Use Permit Alternative)
Thts verston differs from the agenda version as tt allows tattoo parlors and body pterctng estabhshments as
conditional uses in the B-2 Communtty Bustness Dtstrtct, but not within 600 feet of a restdenttal or
apartment zomng dtstrtct, school or other tattoo parlor or body pterctng estabhshment I/Vtth the utthzatton
of a map, Mrs Lasley advtsed the locatton of the B-2 areas southern portton of the Ctty (heart of Pungo),
large section along Sandbrtdge Road upon entertng Sandbrtdge (surrounded by agrtculture), sectton of the
Lynnhaven Mall area, tncludtng North Mall Shops and the Walmart stte, Htlltop Shopptng Center area close
to Lasktn Road, tntersectton of Ltttle Neck and I/trgtnta Beach Boulevard, Red Mtll Commons (locatton of
new WalmarO, Haygood Shoppmg Center, Euchd/Columbus area (surrounded by tndustrtaO, all four
tntersecttons General Booth/Dam Neck, Kemps Rtver Shopptng Center and Regent Umverstty (CBN
property) Asststant Ctty Attorney Macah read the Code for other uses that are requtred to have
Condtttonal Use Permtts
Upon motton by Councdman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Counctl ADOPTED, AS
REVISED by the City Attorney 4/24/01:
Ordtnances to AMEND and REORDAIN the City Code
3~23-51 re Tattooing
AND,
3~23-53 1 re Body Piercing Mtnors
Ordtnance to AMEND and REORDAIN 11111, 11401, 11501, 11601, 11901,
111001, 111511, 111521 and1[1531 andADD Sectton 242 1 of the Ctty Zoning
Ordtnance (CZO) re Body Piercing Establishments and Tattoo Parlors.
(Conditional Use Permit Alternative)
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, I/Vtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary
Wtlson and I/tce Mayor Wdham D Sessoms, dr
Counctl Members Vottng Nay
None
Council Members Absent
None
Aprt124, 2001
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AN ORDINANCE TO AMEND SECTION 23-51 OF THE
CITY CODE PERTAINING TO TATTOOING AND TATTOO
PARLORS
SECTION AMENDED: 23-51
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-51 of the Code of the City of Virginia Beach,
Virginia is hereby amended and reordained to read as follows-
Sec. 23-51 Tattooing and tattoo ~$tabli$,~nt$ parlors.
(a) For the purposes of this section, the following words and
phrases shall be construed as follows-
--1_-' -- lA__ ' '
(1) Tattoo' To mark or color the o~l, ~ pricking ~n
coloz-ing matter so as to~v~,,, = .... indelible marks or
f_' 1~__ ' .....
~gures or uy the productzu,, of o~r$ place any
design, letter, scroll, figure, symbol or any other
mark upon or under the skin or any person with ink
or any other substance resulting in the permanent
coloration of the skin, including permanent make-up
or permanent jewelry, by the aid of needles or any
other instrument designed to touch or puncture the
skin.
(2) Tattoo artist: Any person who actually performs the
work of tattooing.
(3) Ta==~ establishment Any room or op~= wh=== =,,=
business of tattooing is conducted, or any part thereof.
Tattoo parlor: Any place in which is offered or practiced
the placing of designs, letters, scrolls, figures,
symbols or any other marks upon or under the skin of any
person with ink or any other substance, resulting in the
permanent coloration of the skin, including permanent
make-up or permanent jewelry, by the aid of needles or
any other instrument designed to touch or puncture the
skin.
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(4) Tattoo operator: Any person who controls, operates,
conducts or manages any tattoo e~t-~i~
- ~ -hment parlor,
whether actually performing the work of tattooing or not.
(b) It o~ b= unlawful for any person mn the czty =v
operate a tattoo establishment or engage in the practice or
No person shall control, operate, conduct or manaqe any tattoo
parlor or shall perform tattooinq on any person without complyinq
with the requirements of this section.
(c) Any person who shall violate the provisions of this
sectzon o~a~ be gu=Ity~ of a ~laoo 4 mzsdemeanor and each day o
operation shall constitute a separate offense. No person shall
control, operate, conduct or manaqe any tattoo parlor, whether
actually performing the work of tattooing or not, without first
obtaininq a permit from the Department of Public Health. Such an
application shall be made on an application form provided by the
City Manaqer or his desiqnee.
(d) The permit fee shall be one thousand two hundred dollars
($1,200.00) for a one-year licensing period from January 1 to
December 31. All permits issued durin~ the course of a calendar
year shall expire on December 31 of that year, regardless of the
date issued. For any person required to obtain a permit under the
provisions of this section after the first day of January, the
permit fee shall be prorated as follows: between January 1 and on
or before March 31, the full permit fee shall be paid; between
April 1 and on or before June 30, three-fourths of the permit fee
shall be paid; between July 1 and on or before September 30, one-
half of the permit fee shall be paid; and after September 30 of the
licensing year, one-fourth of the permit fee shall be paid.
(e) Every tattoo artist shall submit proof annually to the
Department of Public Health that he or she has been vaccinated for
67 hepatitis B and has had a PPD skin test for tuberculosis.
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(f) Every tattoo artist and tattoo operator shall at all
times comply with the following requirements:
(1) Ail tattooing-related procedures shall be carried out in
a clean, safe and sanitary manner as approved by the
Department of Public Health so as to minimize the
potential of disease transmission. Ail tattoo artists
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shall complete annual Blood Borne Pathogen training
approved by the Department of Public Health.
(2) Ail areas of the tattoo parlor shall be constructed and
maintained in a clean, safe and sanitary manner in
compliance with all applicable statutes, laws,
regulations, codes and ordinances of the City and the
Commonwealth of Virginia.
(3) Ail walls, ceilings and floors shall be smooth and easily
cleaned. The floors shall not be carpeted, and neither
rugs nor fabrics of any kind shall be placed on the
floors. Walls and ceilings shall be painted a light
color. Walls, ceilings and floors shall be kept clean and
free from dust and debris. The floors shall be swept and
mopped daily. The walls, ceilings or floors shall not be
swept or cleaned while tattooing is occurring.
(4) Adequate light and ventilation shall be provided.
(5) Adequate toilet and hand-washing facilities shall be
available in the tattoo parlor separate and isolated from
the business area in which tattooing is performed, for
the use of customers and personnel of the tattoo parlor.
Toilets and washing facilities shall be maintained in a
sanitary condition at all times. Smoking, eating, or
drinking is prohibited in the area in which tattooing is
performed.
(6) Ail areas of the tattoo parlor shall be accessible for
inspection by the Department of Public Health and its
authorized representatives. The Department of Public
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Health is hereby authorized to conduct unannounced
inspections of tattoo parlors.
(7) Only dyes approved by the Food and Drug Administration
(FDA) shall be used in the tattooing process. All such
solutions shall be maintained in a sterile condition by
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methods approved by the Department of Health. Immediately
before a tattoo is applied, the quantity of the dye to be
used shall be transferred from the dye bottle and placed
into single-use paper or plastic cups. Upon completion
of the tattoo, such cups and their contents shall be
discarded in the manner prescribed in the next
subsection.
(8) Ail instruments used in connection with the preparation
for or process of tattooing shall be sterilized by a
sterilizer (autoclave) or an alternate sterilization
method which has been approved by the Department of
Public Health before each use. Sterilization of
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equipment will be accomplished by exposure to live steam
for at least sixty (60) minutes at a minimum pressure of
fifteen (15) pounds per square inch and temperatures of
not less than two hundred fifty (250) degrees Fahrenheit
if an autoclave is used. The tattoo operator shall be
responsible for maintaining a log which indicates that
the autoclave has been checked during each cycle and
meets the aforementioned standards. Ail cleaned and
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ready-to-use needles and instruments shall be stored in
a protective manner to prevent subsequent contamination.
If disposable instruments are used, those instruments
shall be disposed of in accordance with applicable laws.
The skin surface to be tattooed and any jewelry to be
used shall be cleaned and sanitized using processes and
materials approved by the Department of Health. Ail
hazardous waste, body fluids, and medical waste of any
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kind shall be disposed of in accordance with the Virginia
Department of Environmental Quality's Regulated Medical
Waste Regulations, 9 VAC 20-120-10 et seq., as may be
amended from time to time. Single-use items shall not be
used on more than one client for any reason. After use,
all single-use needles, razors, and other sharps shall be
immediately disposed of in accordance with the Virginia
Department of Environmental Quality's Regulated Medical
Waste Regulations, 9 VAC 20-120-10 et seq., as may be
amended from time to time.
(9) Records for each patron shall be maintained by the tattoo
operator. Such records shall be maintained for a minimum
period of four (4) years, except if the patron is under
eighteen (18) years of age, in which event these records
shall be maintained for a minimum of four (4) years from
the eighteenth (18th) birthday of said patron and shall
include the following information:
(i) Name, address, sex and age of the person tattooed;
(ii) Date of tattooing;
(iii) Physical location and description of tattooing;
(iv) Name, address and telephone number of the person
performing the tattooing;
(v) Parent or legal guardian written consent form for
minors; and
(vi) Name and address of the manufacturer of the dyes
used as well as identifying information about the
dye solutions and types of dyes used. If a
customer has need for this information, then the
tattoo parlor operator must release it to the
customer.
At such time as the tattoo parlor ceases doing business
or is removed from the City or changes its name or has a
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change in manaqement or ownership, copies of all such
records shall be provided to the Department of Public
Health.
(10) More than one (1) set of sterilized needles, tubes and
tips or alternate approved sterilization method shall be
kept on the premises at all times.
(11) No person, customer or patron havinq any skin infection
or other disease of the skin or any communicable disease
shall have tattooing performed, and no person having any
skin infection or disease of the skin shall perform
tattooing. Ail infections resulting from the practice of
tattooing which become known to the tattoo operator shall
promptly be reported to the Department of Public Health
by the person owning or in charqe of the tattoo parlor,
and the infected client shall be referred to a physician.
(12) No tattooing shall be performed on any person under the
age of eighteen (18) years without the written consent of
his or her parent or guardian, and such written consent
shall be kept on file for at least four (4) years at the
tattoo parlor from the eighteenth (18th) birthday of the
minor. Where there is doubt about such an age, written
proof of age shall be obtained before the tattooing is
done. Written proof of age shall be photocopied and kept
by the tattoo operator. Ail customers under eighteen
(18) years of age shall be accompanied by a parent or
legal guardian. Both customer and parent or guardian
shall sign a consent form and a driver's license or other
appropriate form of identification of both the customer
and the parent or guardian shall be photocopied and
attached to the consent form.
(13) Tattoo artists and tattoo operators shall refuse service
to any person whom the tattoo artist or tattoo operator
knows, or has reason to believe, is intoxicated.
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(14) No person shall state or imply in any advertisement or
publication, written or oral and prepared or uttered for
the purpose of soliciting business, that the tattoo
parlor is endorsed, requlated or approved by the City or
by any of its departments or is conducted in compliance
with the terms of this section.
(15) Immediately after tattooing a patron, the tattoo artist
shall advise that patron of the care of the tattooed area
and shall instruct the patron to consult a physician at
the first sign of infection.
(16) The tattoo artist shall wash his or her hands between
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customers and between tattooing different parts of the
body on the same person. The tattoo artist shall wear
protective, disposable latex or vinyl qloves while
tattooing, and shall wear a new pair of qloves for each
client and when tattooinq different parts of the same
client.
(17) The name, address and telephone number of the tattoo
parlor shall be on the headinq of all waivers, care
sheets, consent and other forms utilized by the tattoo
parlor.
(18) The tattoo operator shall file with the Department of
Public Health annually with the license application and
any renewal thereof a list of the followinq information
for each employee: Name, permit number, home address,
home phone number, and position or job title. With
respect to tattoo artists, the tattoo operator shall also
submit proof annually of vaccination and testing as
required by susbection (e). The tattoo operator shall
amend the list accordinqly and submit it to the
Department of Public Health immediately upon the addition
of an employee or termination of an employee.
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(g) No person shall perform tattooinq on any client unless he
or she complies with the Centers for Disease Control and
Preventions's quidelines for "Universal Blood and Body Fluid
Precautions" and provides the client with the following disclosure:
(1) Tattooing is an invasive procedure in which the skin is
penetrated by a foreign object.
(2) If proper sterilization and antiseptic procedures are not
followed by tattoo artists, there is a risk of
transmission of bloodborne pathogens and other
infections, including, but not limited to, human
immunodeficiency viruses and hepatitis B or C viruses.
(3) Tattooing may cause allergic reactions in persons
sensitive to dyes or the metals used in ornamentation.
(4) Tattooinq may involve discomfort or pain for which
appropriate anesthesia cannot be legally made available
by the tattoo artist unless such person holds the
appropriate license from a Virqinia health regulatory
board.
(h) Any person who violates any provision of this section
shall be guilty of a Class 2 misdemeanor. Any second or subsequent
violation of this section shall be punished as a Class 1
misdemeanor.
(i) This section shall not apply to medical doctors,
veterinarians, registered nurses or any other medical services
personnel, licensed pursuant to Title 54.1 of the Code of Virqinia,
in performance of their professional duties.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24TM day of April, 2001.
CA8075
DATA/ORDIN/PROPOSED/23-51ord.wpd
April 23, 2001
R-3
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AN ORDINANCE TO AMEND SECTION 23-53.1 OF THE
CITY CODE PERTAINING TO BODY PIERCING
SECTION AMENDED: 23-53.1
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA'
That Section 23-53.1 of the Code of the City of Virginia
Beach, Virginia is hereby amended and reordained to read as
follows:
Sec. 23-53.1 Body piercing of ~inoz~.
(-) ~ -=-~ '-- lawful and
person to ~=~~,, ~ ercing u~ ~ ~eroon I=oo than ezghteen
years of age, knowing or having ~==oon ..... to ~=~'--~ieve suc~h person rs'
~=oo =~ ezght==~ years of age =~=p= (z) zn the preo=~= of the
----.---.-- ! -- ...... ~ -- ' ' '
p==ou~ o w~==~= o= guardian, or (zz) when done by or under the
~upervision of a medical doctor, registered nurse or other medical
..... ~--- personnel licensed pursuant to Title ~ I of the ~--'- of
Virginia in the performance of their duties. Any second or
subsequent violation of this sectiono~ be punished as a Class
I misdemeanor.
(a)~Um~ For the purposes of this section, the following words
and phrases shall be construed as follows:
(1) "body-piercing"Body piercing- means t~he act of
penetrating the skin to make a hole, mark, or scar,
generally permanent in nature. "Body piercing" does not
include the use of a mechanized, pre-sterilized
ear-piercing system that penetrates the outer perimeter
or lobe of the ear or both.
(2) Body piercer: Any person who actually performs the work
of body piercing.
(3) Body piercing establishment- Any place in which a fee is
charged for the act of penetrating the skin to make a
hole, mark, or scar, generally permanent in nature.
"Body piercing" does not include the use of a mechanized,
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pre-sterilized ear-piercing system that penetrates the
outer perimeter or lobe of the ear or both.
(4) Body piercing operator: Any person who controls,
operates, conducts or manages any body piercing
establishment, whether actually performing the work of
body piercing or not.
(b) No person shall control, operate, conduct or manage any
body piercing establishment or shall perform body piercing on any
person without complying with the requirements of this section.
(c) No person shall control, operate, conduct or manage any
body piercing establishment, whether actually performing the work
of body piercing or not, without first obtaining a permit from the
Department of Public Health. Such an application shall be made on
an application form provided by the City Manager or his designee.
(d) The permit fee shall be one thousand two hundred dollars
($1,200.00) for a one-year licensing period from January 1 to
December 31. All permits issued during the course of a calendar
year shall expire on December 31 of that year, regardless of the
date issued. For any person required to obtain a permit under the
provisions of this section after the first day of January, the
permit fee shall be prorated as follows: between January 1 and on
or before March 31, the full permit fee shall be paid; between
~pril 1 and on or before June 30, three-fourths of the permit fee
shall be paid; between July 1 and on or before September 30, one-
half of the permit fee shall be paid; and after September 30 of the
licensing year, one-fourth of the permit fee shall be paid.
(e) Every body piercer shall submit proof annually to the
Department of Public Health that he or she has been vaccinated for
64 hepatitis B and has had a PPD skin test for tuberculosis.
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(f) Every body piercer and body piercing operator shall at
all times comply with the following requirements:
(1) Ail body piercing related procedures shall be carried out
in a clean, safe and sanitary manner as approved by the
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Commonwealth of Vir inia.
an___d free f~om dust and debris. The floors shall be swe t
·
Qccurring~
establishments.
--
134 (i) Name, address, sex and aqe of the person body
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(ii)
pierced;
Date of body piercinq;
(iii) Physical location and description of body
piercing;
(iv) Name, address and telephone number of the person
performin~ the body piercing; and
(v) Parent or legal guardian written consent form for
minors.
At such time when a body piercing establishment ceases
doing business or is removed from the City or chan~es its
name or has a chanqe in management or ownership, copies
of all such records shall be provided to the Department
of Public Health.
(9) More than one set of sterilized needles, tubes and tips
or alternate approved sterilization method shall be kept
on the premises at all times.
(10) No person, customer or patron having any skin infection
or other disease of the skin or any communicable disease
shall have body piercing performed, and no person havinq
any skin infection or disease of the skin shall perform
body piercing. Ail infections resultin~ from the
practice of body piercin~ which become known to the body
piercinq operator shall promptly be reported to the
Department of Public Health by the body piercin~
operator, and the infected client shall be referred to a
physician.
(11) It shall be unlawful to perform body piercinq on any
person under the age of eiqhteen (18) years without
written consent of his/her parent or guardian, and such
written consent shall be kept on file for at least four
(4) years at the body piercing establishment from the
eighteenth (18th) birthday of the minor. Where there is
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doubt about such an age, written proof of age shall be
obtained before the body piercing is done. Written proof
of age shall be photocopied and kept by the body piercing
operator. All customers under eighteen (18) years of age
shall be accompanied by a parent or legal guardian. Both
customer and parent or guardian must sign a consent form
and a driver's license or other appropriate form of
identification of both the customer and the parent or
guardian shall be photocopied and attached to the consent
form.
(12) Body piercers and body piercing operators shall refuse
service to any person whom the body piercer or body
piercing operator knows, or has reason to believe, is
intoxicated.
(13) No person shall state or imply in any advertisement or
publication, written or oral and prepared or uttered for
the purpose of soliciting business, that the body
piercing establishment is endorsed, regulated or approved
by the City or by any of its departments or is conducted
in compliance with the terms of this section.
(14) Immediately after body piercing a patron, the body
piercer shall advise that patron of the care of the body
pierced area and shall instruct the patron to consult a
physician at the first sign of infection.
(15) The body piercer shall wash his or her hands between
customers and between piercing different parts of the
body on the same person. The body piercer shall wear
protective, disposable latex or vinyl gloves while
performing body piercing, and shall wear a new pair of
gloves for each client and when piercing different parts
of the same client.
(16) The name, address and telephone number of the body
piercing establishment shall be on the heading of all
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waivers, care sheets, consent and other forms utilized by
the body piercing establishment.
(17) The body piercing operator shall file with the Department
of Public Health annually with the license application
and any renewal thereof a list of the following
information for each employee: Name, permit number, home
address, home phone number, and position or job title.
With respect to body piercers, the body piercing operator
shall also submit proof annually of vaccination and
testing as required in subsection (e). The body piercing
operator shall amend the list accordingly and submit it
to the Department of Public Health immediately upon the
addition of an employee or termination of an employee.
(g) No person shall perform body piercing on any client
unless he or she complies with the Centers for Disease Control and
Preventions's guidelines for "Universal Blood and Body Fluid
Precautions" and provides the client with the following disclosure:
(1) Body piercing is an invasive procedure in which the skin
is penetrated by a foreign object.
(2) If proper sterilization and antiseptic procedures are not
followed by body piercers, there is a risk of
transmission of bloodborne pathogens and other
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infections, includinq, but not limited to, human
immunodeficiency viruses and hepatitis B or C viruses.
(3) Body piercing may cause allergic reactions in persons
sensitive to the metals used in ornamentation.
(4) Body piercing may involve discomfort or pain for which
appropriate anesthesia cannot be legally made available
by the person performing the body piercing unless such
person holds the appropriate license from a Virginia
health regulatory board.
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(h) Any person who violates any provision of this section
shall be quilty of a Class 2 misdemeanor. Any second or subsequent
violation of this section shall be punished as a Class 1
misdemeanor.
(i) This section shall not apply to medical doctors,
veterinarians, registered nurses or any other medical services
personnel, licensed pursuant to Title 54.1 of the Code of Virginia,
in performance of their professional duties.
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(j) This ordinance shall become effective on July 1, 2001.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24TM day of April, 2001.
CA7902
DATA/ORDIN/PROPOSED/23-053-1ord.wpd
April 23, 2001
R-7
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CONDITIONAL USE PERMIT ALTERNATIVE
AN ORDINANCE ADDING TO THE CITY ZONING
ORDINANCE DEFINITIONS OF THE TERMS "PERSONAL
SERVICE ESTABLISHMENT," "BODY PIERCING
ESTABLISHMENT" AND "TATTOO PARLOR,"
ESTABLISHING BODY PIERCING ESTABLISHMENTS AND
TATTOO PARLORS AS CONDITIONAL USES IN THE B-2
COMMUNITY BUSINESS DISTRICT AND PROVIDING
CERTAIN LOCATIONAL AND OTHER REQUIREMENTS
SECTIONS AMENDED' City Zoning Ordinance
Sections 111, 401, 501, 601, 901, 1511, 1521
and 1531
Section Added- City Zoning Ordinance Section
242.1
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111, 401, 501, 601, 901, 1511, 1521 and 1531 of
the City Code are hereby amended and reordained, and a new Section
242.1 is added, to read as follows-
ARTICLE 1. GENERAL PROVISIONS
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the work word "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated-
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Body piercing establishment. An establishment in which body
piercing takes place. For purposes of this definition, the term
"body piercing" means the act of penetrating the skin to make a
hole, mark, or scar, generally permanent in nature, but does not
include the use of a mechanized, pre-sterilized ear-piercing system
that penetrates the outer perimeter or lobe of the ear, or both.
· · · ·
Personal service establishment. An establishment in which
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personal, financial, technical or similar services are provided,
including barbershops, beauty shops, shoe repair shops, cleaning,
dyeing, laundry, pressing, dressmaking, tailoring and garment
repair shops, linen supply establishments, photography studios and
similar establishments, but not including automobile repair
establishments, tattoo parlors, body piercing establishments or any
other use allowed separately as a principal or conditional use in
a zoning district.
Tattoo parlor. Any place in which is offered or practiced the
placing of designs, letters, scrolls, figures, symbols or any other
marks upon or under the skin of any person with ink or any other
substance, resulting in the permanent coloration of the skin,
including permanent make-up or permanent jewelry, by the aid of
needles or any other instrument designed to touch or puncture the
skin, except when performed by a medical doctor, veterinarian,
registered nurse or any other medical services personnel licensed
pursuant to Title 54.1 of the Code of Virginia in the performance
of his professional duties.
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ARTICLE 2.GENERAL REQUIRF/~ENTS AND PROCEDURES
APPLIC2%BLE TOALL DISTRICTS
C. CONDITIONAL USES AND STRUCTURES
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Sec. 242.1. Tattoo parlors and body piercing establishments.
Tattoo parlors and body piercing establishments shall be
permitted only as conditional uses in the B-2 Community Business
District, and, in addition thereto:
(a)Tattoo parlors and body piercing establishments shall be
subject to the requirements pertaining to tattoo parlors and body
piercinq establishments set forth in Chapter 23 of the City Code,
which requirements shall be deemed to be conditions of the
conditional use permit; and
(b) No tattoo parlor or body piercing establishment shall be
located within six hundred (600) feet of another tattoo parlor or
body piercing establishment, Residential or Apartment District or
school.
Article 4. AGRICULTURAL DISTRICTS
Sec. 401. Use regulations [Agricultural Districts].
(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'
(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
building lot, either permanently or intermittently, of
the conduct of such business except for one
nonilluminated identification sign not more than one
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
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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 patron, customer, or pupil to be present
on the premises at any one 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, massage or tattoo parlors, body piercing
establishments, radio or television repair shops, auto
repair shops, or similar establishments.
ARTICLE 5. RESIDENTIAL DISTRICTS.
Sec. 501. Use regulations.
(b) Accessory uses and structures. Uses and structures which
are customarily accessory and clearly incidental and subordinate to
principal uses and structures and where such accessory structures
do not exceed the height of the principal structure and do not
exceed five hundred (500) square feet of floor area or twenty (20)
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percent of the floor area of the principal structure, whichever is
greater. Such accessory uses and structures include but are not
limited to:
(5) 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
building lot, either permanently or intermittently, of
the conduct of such business except for one
nonilluminated identification sign not more than one
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 patron, customer, or pupil to be present
on the premises at any one 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
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that all other requirements of subdivision (b) (5) are
met. The following are specifically prohibited as
accessory activities' Convalescent or nursing homes,
tourist homes, massage or tattoo parlors, body piercinq
establishments, radio or television repair shops, auto
repair shops, or similar establishments.
ARTICLE 6. APARTMENT DISTRICTS.
Sec. 601.
Use regulations.
(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:
(2) An accessory activity operated for profit in a
residential dwelling unit where there is no change in the
outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
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;
where 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; where 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; where such
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activity is conducted only in the principal structure on
the lot; where there are no sales to the general public
of products or merchandise from the home; and where 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 time. The following
are specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes, massage or
tattoo parlors, body piercing establishments, radio or
television repair shops, auto repair shops, or simzlar
establishments.
ARTICLE 9. BUSINESS DISTRICTS.
· · . ·
Sec. 901· Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the B-1 through B-4 Business Districts.
Those uses and structures in the respective business 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.
Us e
Body piercinq estab-
lishments
B-1 B-iA B-2 B-3 B-3A B-4
x x c_ x x x
Tattoo parlors
x x c x x x
· · · ·
(b) Accessory uses and structures. Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures, including, but not limited to-
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(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change in the
outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
building lot, either permanently or intermittently, of
the conduct of such business except for one
nonilluminated identification sign not more than one
square foot in area mounted flat against the residence;
where 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; where 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 unit is employed in the activity; where such
activity is conducted only in the principal structure on
the lot; where there are no sales to the general public
of products or merchandise from the home; and where the
activity is specifically designed or conducted to permit
no more than one patron, customer, or pupil to be present
on the premises at any one time. The following are
specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes, massage or
tattoo parlors, radio or television repair shops, auto
repair shops, or similar establishments.
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ARTICLE 15. RESORT TOURIST DISTRICTS
B. RT-2 RESORT TOURIST DISTRICT
Sec. 1511.
Use regulations.
(b) Accessory uses and structures: Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures; provided, however, that
drive-through facilities shall not be permitted:
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change in the
outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
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;
where 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; where 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 unit is employed in the activity; where such
activity is conducted only in the principal structure on
the lot; where there are no sales to the general public
of products or merchandise from the home; and where the
activity is specifically designed or conducted to permit
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no more than one (1) patron, customer, or pupil to be
present on the premises at any one time. The following
are specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes, massage or
tattoo parlors, body piercinq establishments, radio or
television repair shops, auto repair shops, or similar
establishments.
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C. RT-3 RESORT TOURIST DISTRICT
Sec. 1521.
Use regulations.
(b) Accessory uses and structures: Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures; provided, however, that
drive-through facilities shall not be permitted as an accessory
use:
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change in the
outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
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 again against the
residence; where 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; where the activity is
conducted on the premises which is the bona fide
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residence of the principal practitioner, and no person
other than members of the immediate family occupying such
dwelling unit is employed in the activity; where such
activity is conducted only in the principal structure on
the lot; where there are no sales to the general public
of products or merchandise from the home; and where 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 time. The following
are specifically prohibited as accessory activities-
Convalescent or nursing homes, tourist homes, massage pr
tattoo parlors, body piercinq establishments, radio or
television repair shops, auto repair shops, or similar
establishments.
D. RT-4 RESORT TOURIST DISTRICT
Sec. 1531. Use regulations.
(b) Accessory uses and structures' Uses and structures which
are customarily accessory and clearly incidental and subordinate to
the principal uses and structures-
(1) An accessory activity operated for profit in a
residential dwelling unit where there is no change in the
outside appearance of the building or premises or any
visible or audible evidence detectable from outside the
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;
where no traffic is generated, including traffic by
commercial delivery vehicles, by such activity in greater
volumes than would normally be expected in the
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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; where 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 unit is employed in the activity; where such
activity is conducted only in the principal structure on
the lot; where there are no sales to the general public
of products or merchandise from the home; and where 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 time. The following
are specifically prohibited as accessory activities:
Convalescent or nursing homes, tourist homes, massage or
tattoo parlors, body piercinq establishments, radio or
television repair shops, auto repair shops, or similar
establishments.
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Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24TM day of April, 2001.
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CA-8046
ordin/proposed/czolll-401etalord, wpd
R-4
April 23, 2001
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Item VI-I. 3.
- 29-
ORDINANCES/RES OL UTIONS
ITEM # 48063
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Or&nance to AMEND the FY 2000-2001 Capttal Budget by the
estabhshment of a Revenue Assessment and Collection System; and,
TRANSFER $1,200, O00 from the Ctty/School Human Resources/Payroll
System to fund the first phase
Vottng 11-0 (By Consent)
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary
Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Council Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 24, 2001
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AN ORDINANCE TO ESTABLISH A NEW CIP
PROJECT #3-200, REVENUE ASSESSMENT
AND COLLECTION SYSTEM, AND TO
TRANSFER $1,200,000 TO THIS PROJECT
FROM CIP PROJECT #3-280, CITY/SCHOOL
HUMAN RESOURCES/PAYROLL SYSTEM
WHEREAS, the proposed FY 2001-02 CIP includes a new CIP
Project #3-200, Revenue Assessment and Collection System, to
provide for a comprehensive and coordinated replacement of computer
systems currently utilized to support tax revenue assessment and
collection, but accelerating the implementation of a new cashiering
system and purchase of a new remittance processor will provide the
necessary improvements prior to next year's tax payment season; and
WHEREAS,S1,200,000 is available in CIP Project #3-280,
Human Resources/Payroll System, to be transferred to fund the
Revenue Assessment and Collection System project.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
1. That the FY 2000-2001 Capital Improvement Budget is
hereby amended by the establishment of Capital Project #3-200,
Revenue Assessment and Collection System;
2. That $1,200,000 is hereby transferred from CIP Project
#3-280, Human Resources/Payroll System, to CIP Project #3-200,
Revenue Assessment and Collection System, to fund the first phase
of the project.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of Apri~~ , 2001.
CA8093
F:\Data\ATY\Ordin~NONCODE\CIP 3-200.ord.wpd
April 17, 2001
R-4
Approved as to Content:
~t Servic
Approved as to Legal
Sufficiency:
~ity ~t%o~'ne~'s Office
City of Virginia Beach
Audit Services
Municipal Center
2401 Courthouse Drive, Bldg. 1, Rm. 344
Virg~nla Beach, Virginia 23456-9012
Phone (757) 426-5870 FAX: (757) 426-5875
MEMORANDUM
Date:
February 14, 2001
To:
From:
Subject:
John T. Atklnson, City Treasurer
Joanne W Gnggs, City Auditor
Audit Benefits of New Cashienng System
With the recent release of the City of Virginia Beach Tax System Project
Recommendabon Document, Audit Services has begun to consider the benefits from an
aud~bng perspective of a new system The Tax System Analysis Working Group has
recommended that a new integrated tax system be developed in mulbple phases The
first recommended phase of the integrated tax system would be the development of a
new cash~enng system for the Treasurer to process tax and business revenues We are
greatly encouraged to see a new cashienng system being addressed as we have long felt
th~s was one of the most urgent system needs present in our organization
The consultant, Broughton Systems, recently completed a project analysis for a new
cashlenng system and gave a presentation with a proposed solution The proposed
solution ~s from a somewhat broad basis as a specific cashiering system/vendor has not
yet been chosen Some of our thoughts on how a new cashiering system may benefit the
organization from an auditing perspective are expressed below'
The current system w~th the NCR 7770 remittance processor and 13 Sharp Teller
Terminals requires redundant keying throughout the accounting process The new
cashiering system would purposely eliminate much of that and thus shorten the
audit trail significantly We as internal auditors (and external auditors as well)
should be able to audit revenues in a much more efficient and timely manner;
tracing from the revenue line items ~n VIBES to source documentation (audit
evidence) should be much eas~er
Memorandum to John T
Page Two
February 14, 2001
Atk~nson
Related to ~tem 1 above, w~th less redundant manual keying of the same
~nformat~on, there w~ll be less opportunity for human error - always a positive
from an auditor's v~ewpo~nt As a result, we (as well as the external auditors) may
rely on the new system and its controls w~th much more confidence when auditing
revenues
W~th real t~me posting to VIBES, anytype of revenue analys~s performed by Audit
Services should result ~n more accurate, current ~nformation and thus lead to
~mproved decision-making, forecasting, etc
Again, w~th real time processing directly ~nto V~BES, ~ntegration of systems by
using a database, and more timely bank deposits, year end cut-off work involving
cash and revenues will be more efficient. Audit Services performs most, ~f not all,
of these audit procedures as part of the annual contractually agreed upon work
w~th KPMG LLP to keep the City's cost for the audit contract as Iow as possible
Cash cut-off procedures, along with the reconciliation of recorded revenue (VIBES)
to the ~nventones and sales (quantities) of decals, tags and c~garette stamps, are
some of the audit procedures which should be made eas~er w~th the new system
W~th deposit processing and the corresponding booking ~nto VIBES occurring more
or less s~multaneously, th~s could reduce timing differences between the bank
statements and general ledger (for deposits) thus facilitating a less cumbersome
bank reconciliation process. Audit Services assisted the Treasurer's Office w~th
the reconciliation process and is well aware of the volume and complexity the
off~ce encounters in performing reconciliations Also, the new system may have
the capability of streamlining the process w~th the ~nner bank. The bank
reconciliation process ~s a very critical control not only for control over cash but
also the recording of associated revenues
W~th all of the non~ntegrated systems supporting the current cashiering system,
many reconciliations w~ll e~ther not have to be performed or w~il be much easier to
perform
Although our ~n~t~al thoughts are focused on the cashiering system, the fact that the
plan ~s to have the cashiering system ~ntegrated w~th the tax system would y~eld
benefits from an audit perspective as well and for many of the same reasons, ex
less redundant data entry,
shorter audit tra~l,
database ~ntegrated system that ~s not vertically-oriented I~ke the current
mainframe storage type system,
less reconciliations necessary,
real t~me accounting ~nformat~on that, t~me-w~se, matches associated
accounts (revenue, cash and receivables would match because the
~nformatlon ~s from the same database)
Memorandum to John T
Page Three
February 14, 2001
Atklnson
Auditing of receivables and reconciling subsidiary ledgers to control accounts
should become much easier for many of the same reasons cited above.
Again, th~s ~s a very preliminary v~ew of how a new cashiering system may strengthen the
audit process Nonetheless, taking into account the ideas being considered for the new
system and what we certainly know of our current system, we as professional auditors
can feel confident the new system will be more user-friendly We are excited about the
~n~t~at~ve and believe ~t ~s much needed at all levels; i e, service to the citizens, service
to C~ty management; efficiency from all angles; better information for dec~sion makers;
better controls over a very ~mportant asset--cash.
Please count on us for continued support. We encourage all ~nvolved to keep the
momentum going to bring this project to full fruition
JWG SCF jk
James K. Spore, City Manager
Steven Thompson, Chief Financial Officer
David Sullivan, Chief Information Officer
Gwen Cowart, Director, ComlT
Catheryn Whitesell, Director, Management Services
Item VI-I. 4.
- 30-
ORDINANCES/RES OL UTIONS
ITEM # 48064
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED:
Ordmance to authortze acquisition of property tn fee stmple for Fair
Meadows re adequate storm water drainage and other pubhc purposes,
tncludtng temporary and permanent easements, by agreement or
condemnatton (DISTRICT 2 - KEMPSVILLE)
Vottng 11-0 (By Consen0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, .Ir,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Rosemary
Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Voting Nay
None
Counctl Members Absent
None
Aprtl 24, 2001
AN ORDINANCE TO AUTHORIZE
ACQUISITION OF PROPERTY IN FEE SIMPLE
FOR FAIR MEADOWS DRAINAGE (7-012) AND
THE ACQUISITION OF TEMPORARY AND
PERMANENT EASEMENTS, EITHER BY
AGREEMENT OR CONDEMNATION
WHEREAS, ~n the opinion of the Council of the City of V~rginia Beach,
V~rg~n~a, a public necessity exists for the construcbon of th~s important drainage
~mprovement project to provide adequate storm water drainage and for other public
purposes for the preservation of the safety, health, peace, good order, comfort,
convenience, and for the welfare of the people ~n the C~ty of V~rginia Beach:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA'
Secbon 1 That the C~ty Council authorizes the acquis~bon by
purchase or condemnabon pursuant to Secbon 15.2-1901, et seq, Code of V~rgin~a of
1950, as amended, of all that certain real property in fee simple, including temporary and
permanent easements (the "Easements") as shown on the plans entitled "FAIR
MEADOWS DRAINAGE · ClP 7-012" (the "Project"), and more specifically described on
the acqu~s~bon plats for the Project (collecbvely the "Plans"), the Plans being on file ~n the
Eng~neenng D~wsion, Department of Public Works, C~ty of V~rginia beach, V~rginia
Secbon 2 That the C~ty Manager ~s 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 ~n said lands If
refused, the C~ty Attorney is hereby authonzed to ~nstitute proceedings to condemn sa~d
property
Adopted by the Council of the City of Virginia Beach, Virginia, on the
24thday of April
CA-
March 9, 2001
,2001.
APPROVF_~ A~ TO CONTENTS~
//¢/~SIGNATURE'
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY ND FORM
CITY ATTORNEY
SITE-
BUSINESS PARK
LOCATION MAP SCALE :1" --
/
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/
/
FAIR
RE¥ JSED
\ ]'""" ~ ,...~ ~'".
ROUTE 44 L
MAP
LOCATION
MEADOWS
CIP
FO
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I ~ ~Il I I
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/i~ I iI1~
f'~ ~ ,/Iii I"
~f)?1 I I
II II
II II
II
DRAINAG
7-012-000
SCALE: 1" -- 400'
PREPARED BY P/W ENG. DRAFT. 06-MAR-2001
Item VI-I. 5.
- 31 -
ORDINANCES/RES OL UTIONS
ITEM it 48065
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Or&nances to grant five-year renewal franchises to operate open air cafes
on pubhc property tn the Resort Area, and, to authortze the Ctty Manager
to execute franchtse agreements (DISTRICT 6 - VIRGINIA BEA CH)
a Newcastle Motel, Inc, T/A Cabana Cafd
Boardwalk Cafd
1203Atlanttc Avenue
b Herrengarten, Inc, T/A Ctttes by the Ocean 4005 Atlanttc Avenue
Connector Park Card
c Clearwater Investment Assoctates, Inc, 3501 Atlanttc Avenue
d/b/a Sheraton Oceanfront Vtrgtnta Beach, T/A
Dolphm Watch, Boardwalk Cafd
d Vtrgtnta George Co, Inc, T/A Dough Boys 1700 Atlanttc Avenue
Cahforma Ptzza, Stdestreet Cafd
e AHA TA, Inc, T/A Pter 23
Atlanttc Avenue Stdestreet Cafd
2224 Atlanttc Avenue
f Beachstde LLC, T/A Yacht Club Cafd
(Formerly known as Surfstde Cafd)
Boardwalk Cafd
2607 Atlanttc Avenue
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 24, 2001
AN ORDINANCE GRANTING FRANCHISES FOR
THE OPERATION OF OPEN AIR CAFES IN
THE RESORT AREA (FRANCHISE RENEWALS)
WHEREAS, each of the following corporations/companies
5 (hereinafter referred to as "Grantees") has requested renewal of
6 its franchise for the operation of an open air caf~ at the location
7 indicated:
8 1.
9
Newcastle Motel, Inc., T/A Cabana Caf~ (1203
Atlantic Ave.), Boardwalk Caf~
10 2.
11
Herrengarten, Inc., T/A Cities by the Ocean (4005
Atlantic Ave.), Connector Park Caf~
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Clearwater Investment Associates, Inc., d/b/a
Sheraton Oceanfront Virginia Beach, T/A Dolphin
Watch (3501 Atlantic Ave.), Boardwalk Caf~
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Virginia George Co., Inc., T/A Dough Boys
California Pizza (1700 Atlantic Ave.), Sidestreet
Caf~
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.
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AHATA, Inc., T/A Pier 23 (2224 Atlantic Ave.),
Atlantic Avenue Sidestreet Caf~
Beachside LLC, t/a Yacht Club Caf~ (formerly known
as Surfside Cafe) (2607 Atlantic Ave.) Boardwalk
Caf~
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WHEREAS, the City has developed a Franchise Agreement for
25 the regulation of open air cafes which each of the above-listed
26 Grantees will be required to execute as a condition of franchise
27 renewal; and
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WHEREAS, based upon each Grantee's successful operation
29 of an open air caf~ pursuant to a franchise for the period May 1,
30 2001, to April 30, 2006, the Department of Convention and Visitor
31 Development has recommend a five-year renewal of the franchise of
32 each of the foregoing Grantees.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
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1. That a franchise is hereby granted to each of the
36 above-listed Grantees to operate an open air caf~ at the address
37 indicated herein, from May 1, 2001, to April 30, 2006, conditioned
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on each Grantee's execution of the above-referenced Franchise
Agreement and compliance with the terms and conditions thereof; and
2. That the Manager, or his duly authorized designee,
is hereby authorized to enter into a Franchise Agreement with each
Grantee.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 24th day of April , 2001.
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CA8052
F:\Data~ATY~Ordin~NONCODE~franchise.rri.wpd
March 22, 2001
R-1
APPROVED AS TO CONTENT:
Development
APPROVED AS TO LEGAL
SUFFICIENCY:
City Attorney's Office
55
Item VI-I. 6.
- 32 -
ORDINANCES/RES OL UTIONS
ITEM # 48066
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Counctl ADOPTED:
Resolutton referring to the Planning Commtsston an Ordtnance to
AMEND the Ci~_ Zoning Ordinance (CZO) by definmg the terms
"truck" and "trader", redefintng the term "motor vehtcle sales and
rental", allowtng truck and trader rentals only as an accessory use tn
the B-2 Community Business, B-3 Central Business District and B-4
Resort Commercial District, and, allowtng such rentals as a principal
use tn the I-1 and 1-2 Industrial Zoning Districts (Requested by
Councd Lady Nancy K Parker) (Deferred Indefimtely 4/10/01)
Vottng 11-0 (By Consent)
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Rosemary Wtlson and Vtce Mayor Wdham D Sessoms, dr
Counctl Members Vottng Nay
None
Councd Members Absent
None
Aprtl 24, 2001
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REQUESTED BY COUNCILWOMAN NANCY K. PARKER
A RESOLUTION REFERRING TO THE PLANNING
COMMISSION AN ORDINANCE AMENDING THE CITY
ZONING ORDINANCE BY DEFINING THE TERMS "TRUCK"
AND "TRAILER," REDEFINING THE TERM "MOTOR
VEHICLE SALES AND RENTAL," DELETING TRUCK AND
TRAILER RENTALS AS A CONDITIONAL USE IN THE B-
2 COMMUNITY BUSINESS DISTRICT, B-3 CENTRAL
BUSINESS DISTRICT AND B-4 RESORT COMMERCIAL
DISTRICT AND ESTABLISHING TRUCK AND TRAILER
RENTALS AS A PRINCIPAL USE IN THE I-1 AND I-2
INDUSTRIAL ZONING DISTRICTS
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the Planning Commission is hereby directed to consider
proposed amendments to the City Zoning Ordinance defining the terms
"truck" and "trailer," redefining the term "motor vehicle sales and
rental," deleting truck and trailer rentals as a conditional use
in the B-2 Community Business District, B-3 Central Business
District and B-4 Resort Commercial District and establishing truck
and trailer rentals as a principal use in the I-1 and I-2
Industrial Zoning Districts.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That the Planning Commission shall transmit its
recommendations to the City Council within sixty (60) days of the
date of adoption of this Resolution.
A true copy of the proposed amendments is hereto attached.
Adopted by the City Council of the City of Virginia Beach,
Virginia, on the 24th day of April
, 2001.
CA-8076
wmm\ordres \truckrentres. wpd
April 9, 2001
R-2
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL SUFFICIENCY'
Planning Dep'ar tm~t
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AN ORDINANCE TO AMEND THE CITY ZONING
ORDINANCE BY DEFINING THE TERMS "TRUCK" AND
"TRAILER," REDEFINING THE TERM "MOTOR VEHICLE
SALES AND RENTAL," DELETING TRUCK AND TRAILER
RENTALS AS A CONDITIONAL USE IN THE B-2
COMMUNITY BUSINESS DISTRICT, B-3 CENTRAL
BUSINESS DISTRICT AND B-4 RESORT COMMERCIAL
DISTRICT AND ESTABLISHING TRUCK AND TRAILER
RENTALS AS A PRINCIPAL USE IN THE I-1 AND I-2
INDUSTRIAL ZONING DISTRICTS
SECTIONS AMENDED: City Zoning Ordinance
Sections 111, 901 and 1001
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 111, 901 and 1001 of the City Zoning Ordinance
are hereby amended and reordained to read as follows:
Sec. 111. Definitions.
For the purpose of this ordinance, words used in the present
tense shall include the future; words used in the singular number
include the plural and the plural the singular; the use of any
gender shall be applicable to all genders; the work "shall" is
mandatory; the word "may" is permissive; the word "land" includes
only the area described as being above mean sea level; and the word
"person" includes an individual, a partnership, association, or
corporation.
In addition, the following terms shall be defined as herein
indicated:
Motor vehicle sales and rental. Any lot or establishment
where three {3) two (2) or more motor vehicles, including trucks,
trailers, house trailers ~ or motor homes, or any combination
thereof, but not including motorcycles, are displayed for sale or
rent.
· · · ·
Trailer· Any vehicle lacking motive power designed for
carrying property or passengers wholly on its own structure and
which is customarily drawn by a motor vehicle.
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Truck. Any motor vehicle desiqned to transport property on
its own structure independent of any other vehicle and havinq a
registered qross weight in excess of 7,500 pounds.
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COMMENT
The amendments define the terms "trailer" and "truck." The definitions closely folio~v, but
are not the same as, the definitions of the terms set forth in Virginia Code § 46.2-100. The
amendments also redefine the term "motor vehicle sales and rental" to be more restrictive than the
current provision.
Sec. 901. Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the B-1 through B-4 Business Districts.
Those uses and structures in the respective business districts
shall be permitted as either principal uses indicated by a "?" or
as conditional uses indicated by a "C." Uses and structures
indicated by an "X" shall be
districts.
permitted.
Use
No uses or structures
prohibited in the respective
other than as specified shall be
B-1 B-iA B-2 B-3 B-3A B-4
Motor vehicle sales and X
rental, provided the
minimum lot size is
twenty thousand (20,000)
square feet; and provided
further, that truck and
trailer rentals shall not
be permitted
X C C X C
COMMENT
Under the current CZO provision, truck and trailer rentals fall within the category of"motor
vehicle rentals" and are therefore allowed as conditional uses in the B-2, B-3 and B-4 Districts. The
amendments, however, would prohibit allow truck and trailers rentals in those zoning districts.
Sec. 1001. Use regulations.
(a) Principal and conditional uses. The following chart lists
those uses permitted within the I-1 and I-2 Industrial Districts.
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Those uses and structures in the respective industrial 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 I-1 I-2
Truck and trailer
rentals, provided
that (1) the min-
imum lot size shall
be twenty thousand
(20,000) square feet;
(2) no motor vehicle
shall be displayed
for sale or rental
within the first five
(5) feet of any front
yard or side yard abut-
ting the right-of-way
line of a street, as
measured from the property
line to any motor vehicle
displayed on the premises;
(3) all lightinq
shall be directed toward
the interior of the site
and away from adjoininq
properties; and (4)
the use shall not be allowed
within five hundred (500)
feet of any Residential or
Apartment Zoninq District
P P
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COMMENT
The amendments allow truck and trailer rentals as a permitted principal use in both Industrial
Zoning Districts, but prohibit the use within 500 feet of any Residential or Apartment Zoning District.
They also establish dimensional, operational and lighting restrictions upon the use. In addition,
Section 1003, which requires landscape screening and buffering between industrial uses and
residential, apartment, hotel, office and certain business districts, would apply. Section 1003 is set
forth in the following section for informational purposes only, and is not amended.
Sec. 1003. Landscape screening and buffering regulations.
For the I-1 and I-2 Commercial Districts, the following
landscape screening and buffering regulations shall apply:
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(a) When a zoning lot within an I-1 Industrial District
adjoins a residential or apartment district without an
intervening street, alley or body of water over
twenty-five (25) feet in width, a twenty-five-foot
minimum yard shall be required along all lot lines
adjoining the residential or apartment district. Category
II landscape screening shall be required within the yard
area. No other uses or structures shall be permitted in
such yards.
(b) When a zoning lot within an I-2 Industrial District
adjoins a residential district without an intervening
street, alley or body of water over twenty-five (25) feet
in width, a twenty-five-foot minimum yard shall be
required along all lot lines adjoining the residential or
apartment district. Category VII screening shall be
required within the yard area. No other uses or
structures shall be permitted in such yards.
(c) When a zoning lot within an I-2 Industrial District
adjoins an H-1 Hotel District, O-1 or 0-2 Office
District, B-1 or B-lA Business District without an
intervening street, alley or body of water over
twenty-five (25) feet in width, a fifteen-foot minimum
yard shall be required along all lot lines adjoining the
office district. Category IV landscape screening shall be
required within the yard area. No other uses or
structures shall be permitted in such yards.
COMMENT
The section is set ~rth ~r in~rmational purposes only as a means of demonstrating the
landscaping, screening and buffering requirements applicable in Industrial Zoning Districts.
Adopted by the City Council of the City of Virginia Beach, Virginia,
on this day of , 2001.
CA-8074
wmm/ordres/truckrentordin, wpd
R-2
April 9, 2001
APPROVED AS TO CONTENTS:
APPROVED AS TO LEGAL
SUFFICIENCY .'
- 33 -
Item VI-L 7.
ORDINANCESfRES OL UTIONS
ITEM # 48067
Upon motion by Counctlman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Council ADOPTED, AS
RE VISED *:
Resolutton re sttpulattng Modifications to enhance the 31~ Street
project; recommendmg approval by the Vtrgmta Beach Development
Authority, and, authortztng development of amendatory documents tn
conformtty therewith
* "WHEREAS, theproposed modtficattons are set forth and descrtbed tn the attachedprehmtnary terms
letter dated March 29, 2001, as revised on April 24, 2001, from the Ctty Manager and acknowledged by the
Developer (the "Prehmtnary Terms Letter),"
The attached letter, dated March 29, 2001, shall include "(as revtsed Aprt124, 2001)" above the addressed
developer on the first page
Vottng 6-4
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Robert C Man&go, Jr, Mayor Meyera E OberndorJ and Vice
Mayor Wtlham D Sessoms, Jr
Councd Members Vottng Nay
Barbara M Henley, Louts R Jones, Reba S McClanan and Nancy K
Parker
Counctl Members Abstatntng
Rosemary Wdson
Counctl Members Absent
None
Counctl Lady Wtlson verbally DISCLOSED and ABSTAINED as her husband ts a prtnctpal tn the
accountmgfirm of Goodman and Company and earns compensatton whtch exceeds $10,000 O0 annually
Goodman and Company has provtded accounttng and tax servtces related to the proposal before Ctty
Counctl The Ctty Attorney has advtsed that she ts requtred to chsclose any personal interest as tt meets the
crtterta ora personal tnterest tn the transactton under the Confltct of Interests Act and ts dtsqualtfied from
parttctpattng tn this transactton Counctl Lady Wtlson's letter of Aprtl 24, 2001, ts hereby made a part of
the record
Aprtl 24, 2001
A RESOLUTION TO APPROVE PROPOSED
MODIFICATIONS TO ENHANCE THE 31sT
STREET PROJECT, RECOMMENDING THE
APPROVAL BY THE CITY OF VIRGINIA BEACH
DEVELOPMENT AUTHORITY AND
AUTHORIZING THE DEVELOPMENT OF
AMENDATORY DOCUMENTS IN CONFORMITY
THEREWITH
WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of
10 Virginia Beach Development Authority (the "Authority"), the City Manager and City staff have
engaged in extensive negotiations with representatives of Thirty-First Street, L.C. (the "Developer")
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regarding the development of a four-star, full-service hotel, a public park and a public parking garage
on real property owned by the Authority located at the block surrounded by 30th Street, Atlantic
Avenue, 31 st Street and Pacific Avenue and real property owned by the Authority located at the block
east of Atlantic Avenue on the Virginia Beach oceanfront between 30th Street and 31st Street known
as "The 31st Street ProJect" (the "Project");
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WHEREAS, the Project is a public/private investment partnership between the
18 Authority and the Developer for the development of the Project;
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WHEREAS, by Ordinance No. ORD-99-2557A adopted July 13, 1999 (the
2 0 "Ordinance"), the City Council approved development documents for the ProJect, including a
21 Development Agreement dated as of August 5, 1999, as amended, and an Escrow Agreement dated
22 as of August 5, 1999 as amended (collectively the "Project Documents"), and authorized the City
2 3 Manager to execute the Project Documents;
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WHEREAS, by Resolution adopted July 20, 1999, the Authority approved the Project
2 5 Documents and thereafter executed the same;
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WHEREAS, subsequent to the execution of the Project Documents, the parties have
2 7 identified certain necessary and desirable modifications to the Project which will enhance the Project
2 8 and the benefits to the public to inure therefrom;
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WHEREAS, the proposed modifications are set forth and described in the attached
3 0 prehminary terms letter dated March 29, 2001 as revised on April 24, 2001, from the City Manager
31 and acknowledged by the Developer (the "Preliminary Terms Letter");
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WHEREAS, the City Council is of the opinion that the modifications to the Project
3 3 which are set forth in the Preliminary Terms Letter will be beneficial to the Project and to the public,
34 and the City Council desires that the Authority approve the proposed modifications and
3 5 enhancements set forth in the Preliminary Terms Letter.
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NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
3 7 VIRGINIA BEACH, VIRGINIA;
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1. The City Council approves in concept the proposed modifications and
39 enhancements to the 31 st Street ProJect as set forth ~n the Preliminary Terms Letter attached hereto
4 0 from the City Manager, acknowledged and agreed to by the Developer.
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2. The City Council requests and recommends that the Authority adopt a
42 Resolution approving, ~n concept, the modifications and enhancements set forth in the Prehminary
4 3 Terms Letter and authorizing the City Manager and the City Attorney, on behalf of the Authority,
4 4 to proceed w~th the preparation of new or amendatory project documents which are necessary and
45 appropriate to describe and effectuate the enhancements and modifications to the Project and the
46 other transactions described ~n the Prehminary Terms Letter.
47
3. The City Manager ~s further d~rected to return the final new or amendatory
4 @ project documents for approval by the C~ty Council and the Authority and for authorization to
49
execute the same so that the Authority can then proceed w~th the Project, as modified.
50 Adopted bythe Council ofthe City of Virg~nia Beach, Virginia, on the 24 day
April
51 of ,2001.
52
53
54
CA-8056.res
April 25, 2001
F ~DataL4TY\Ord~nLNONCODE\th~rty-first st ord wpd
55
City of Virginia Beach
ROSEMARY WILSON
COUNCIL LADY - AT-LARGE
PHONE (757) 422-0733
FAX. (757) 426-5669
April 24, 2001
Mrs. Ruth Hodges Smith, CMC
City Clerk
Municipal Center
Virginia Beach, VA 23456
Re: Abstention Pursuant to Section 2.1-639.14(E), Code of V~rglnia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of Virginia,
I make the following declaration:
o
The transaction for which I am executing this written disclosure is the C~ty Council
consideration of proposed modifications to enhance the 31st Street Project
,
The nature of my interest in the transaction is that my husband is a principal in the
accounting firm of Goodman and Company and earns compensation which exceeds
$10,000.00 annually, and Goodman and Company has provided accounting and tax
services related to the proposal before Council
°
The City Attorney has advised me that I am reqmred to disclose my personal Interest
as it meets the criteria of a personal interest in the transaction under the Conflict of
Interests Act, and that I am d~squallfied from participating ~n th~s transaction.
310 53"DSTREET, VIRGINIA BEACH, VA 23451
Mrs. Ruth Hodges Smith -2- April 24, 2001
Accordingly, I respectfully request that you record th~s declaration ~n the official records of
the City Council. I have enclosed an opinion letter from Leshe L. Lilley, C~ty Attorney, which
addressed this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
Rosemary A. Wi~on
Councilmember
RAW/RRI/cms
Enclosure
LESLIE L LILLEY
CITY ATTORNEY
In Reply Refer To Our File No OP-689
MUNICIPAL CENTER
BUILDING 1
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9004
(757) 427-4531
FAX (757) 426-5687
TOD (757) 427-4305
April 24, 2001
Councilmember Rosemary A. Wilson
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilmember Wilson:
I am writing in response to your request for an opinion as to whether you are precluded from
participating ~n City Council's discussion and vote on proposed modifications to enhance the 31st
Street ProJect.
SUMMARY CONCLUSION
From my rewew to the State and Local Government Conflict of Interests Act and the facts
provided by you, I am of the opinion that you are precluded from partlmpating ~n C~ty Council's
discusmon and vote on proposed modifications to enhance the 31st Street Project.
I base this conclusion on the following facts whmh you presented. Please rewew the facts
as you may only rely on this opinion to the extent they are complete and accurate.
FACTS PRESENTED
You have advised that your husband is a pnncipal in the accounting finn of Goodman and
Company earning compensation whmh exceeds $10,000 annually. You have advised that Goodman
and Company has begun providing accounting services to Thirty-First Street, L.C. with respect to
the 31 st Street Project. In addition, Goodman and Company provides accounting services to a limited
Proud Reczptent of the 1998 U S Senate Medalhon of Excellence for Produchwty and (.~uality zn the Pubhc Sector
Councilmember Rosemary Wilson -2- April 24, 2001
liability company which owns the Beach Quarters Inn and in which Bruce Thompson and Ed Ruffin
are principals. Specifically, you have advised me that Goodman and Company has been consulted
and has provided accounting and tax servmes related to the transaction pending before Council
regarding both the purchase of property at 31st Street by Thirty-First Street, L.C. and the sale of the
Beach Quarters Inn property.
ISSUE PRESENTED
Does the fact that your husband is a principal in the accounting firm of Goodman and
Company, and that the company provided services related to the transaction pending before Council
regarding both the purchase of property at 31st Street by Thirty-First Street, L.C. and the sale of the
Beach Quarters Inn property, preclude you from participating in City Council's discussion and vote
on proposed modifications to enhance the 31st Street Project?
DISCUSSION/CONCLUSION
The State and Local Government Conflict of Interests Act is set forth in § 2.1-639.1 et seq.
of the Code of Virginia (1950) as amended. The primary focus of the Act is on the personal interests
of an office or employee of state or local government in the transactions of, and contracts with, the
governmental or advisory agency of which he or she is a member. In this case, your husband has a
"personal interest"~ in Goodman and Company by virtue of his receipt of compensation from
Goodman and Company which exceeds $10,000 annually. The critical inquiry is whether your
husband's interest in Goodman and Company and ~ts services provided to Thirty-First Street, L.C.
and with respect to Beach Quarters Inn causes you to have a "personal ~nterest" on the proposed
modifications to enhance the 31 st Street Project.
l"Personal interest" is defined ~n § 2 1-639.2 of the Act as
[a] finanmal benefit or liability accruing to an officer or employee or a
member of h~s immediate family. Such interest shall ex~st by reason of (1)
ownership In a business ~f the ownership interest exceeds three percent of
the total equity of the bus~ness; (n) annual income that exceeds, or may
reasonably be ant~mpated to exceed, $10,000 from ownership in real or
personal property or bus~ness; (m) salary, other compensation, fnnge
benefits, or benefits from the use of property or any combination thereof,
prod or provided by a business that exceeds, or may reasonably be
antm~pated to exceed, $10,000 annually; (iv) ownership of real or personal
property if the interest exceeds $10,000 in value and excluding ownership
~n a business, ~ncome, or salary, other compensation, fnnge benefits or
benefits from the use of property; or (v) personal habfllty ancurred or
assumed on behalfofa business ~fthe liability exceeds three percent of the
asset value of the bus~ness.
Councilmember Rosemary Wilson -3- April 24, 2001
Your husband is a member of your "immediate family''2 and, therefore, you have a "personal
interest" in Goodman and Company by wrtue of your husband's receipt of compensation from
Goodman and Company which exceeds $10,000 annually. However, ~n order for you to have a
"personal interest in a transaction''3 involving a client of Goodman and Company, Goodman and
Company must be "the subject of the transaction" or must "reahze a reasonably foreseeable d~rect
or indirect benefit or detriment as a result of the action" of City Council.
Clearly, Goodman and Company ~s not the subject of the transactions involving the 31 st Street
Project. The key issue, therefore, is whether Goodman and Company could "realize a reasonably
foreseeable direct or indirect benefit or detriment" as a result of any action taken by City Council on
the proposed modifications to enhance the 31 st Street Project.
Because Goodman and Company has direct involvement in the 31 st Street ProJect by virtue
of the company providing accounting services for an aspect of the transaction that is currently before
City Council, it is my op~mon that it is reasonably foreseeable that Goodman and Company may
realize a "direct or indirect benefit or detnment" as a result of the transaction being considered by
Council. Therefore, based on the facts presented, it is my opinion that, pursuant to § 2.1-639.14(E),
you must abstain from participating in the transaction pending before C~ty Council to approve the
proposed modifications to enhance the 31st Street Project.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lilley
C~ty Attorney
LLL/RRUcms
enclosure
2"Immediate family" ~s defined in the Act as "(1) a spouse and (n) any other person residing ~n the
same household as the officer of the employee, who is a dependent of the officer or employee or of whom
the officer or employee is a dependent."
3pursuant to § 2.1-639.2 of the Act, a "personal ~nterest" ~n a transaction exists "when an officer or
employee or a member ofh~s ~mmed~ate family has a personal ~nterest ~n property or a bus~ness, or represents
any ~nd~wdual or bus~ness and such property, bus~ness or represented ~nd~v~dual or bus~ness 0) ~s the subject
of the transaction or (n) may reahze a reasonably foreseeable d~rect or ~nd~rect benefit or detriment as a result
to the action of the agency cons~denng the transaction."
City of Virginia
Beach
OFFICE OF THE CITY MANAGER
(757) 427 4242
FAX (757) 427-4135
TDD (757) 427-4305
March 29, 2001
(as revised April 24, 2001)
Thtrty-First Street, L C
c/o Mr Bruce L Thompson
932 Laskln Road
Vlrglma Beach, Vlrg~ma 23451
MUNICIPAL CENTER
BUILDING t
2401 COURTHOUSE DRIVE
VIRGINIA BEACH VA 23456-9001
Possible Amendment of Development Agreement among Thirty-First Street, L C, the City
of V~rg~ma Beach Development Authority, and the C~ty of Vlrg~ma Beach
Dear Mr Thompson
Tlus letter supercedes all prior correspondence from representatives of the City of V~rglma Beach
Development Authority (the "Authority") and/or the C~ty of Vtrglma Beach (the "C~ty") related to
a possible amendment of the Development Agreement dated as of August 5, 1999, among I'htrtv-
F~rst Street, L C (the "Developer"), the City and the Authority (the "Development Agreement"),
including without hmltatlon, my letters to you dated February 2, 2001 and February 12.2001
As you know, representauves of the Authority, the Ctty and the Developer have been d~scussmg a
possible amendment to the Development Agreement (the "Amendment Transacmm"), and certatn
collateral transactions ~nvolvlng the sale to the Developer ofcertmn land (the "31 -Oceanfi'ont I.and")
owned by the Authority, located generally at 31st Street east of Atlanuc Avenue, and the sale to the
Authority of certain tmproved real estate known as the Beach Quarters Inn (the "BQI Prope, t} ")
owned by an ennty affil~ated with the principals of the Developer, located generally at Rudcc Loop
(the "Sale Transactions") The Amendment Transaction and the Sale Transactions are collectively
referred to in th~s letter as the "Transaction"
The purpose ofthls letter ~s to set [brth the baslc terms (the "Terms") that the Authority and the City
believe can form the basis for a Transaction and to request your agreement that the Terms are
acceptable ~n principle to the Developer
If the Developer ~nd~cates timely that the Terms are acceptable tn pnnc~ple, the C~ty Manager wtll
promptly request, and recommend, that the Counctl of the City and the Board of the Authority
h
Proud Rectptent of the 1998 U S Senate Medalhon of Excellence for Productt~tty and ~tahty m the Pubhc Sector
Page 3
to another use
Amendment of Development A~eement The Developer, the Authority and the City will
enter into a First Amendment to Development Agreement contemporaneously with the
execution of the purchase and sale contracts The following subparts outline the material
modifications that will be effected by the First Amendment'
(a) Timing The performance dates leading up to the construction start date set forth in the
Development Agreement shall be amended to reflect the dates set forth on Exhlblt A attached
hereto In the event that negotiation and execution of the First Amendment and other
definitive Transaction documents take longer than twenty-one (21) days from the date the
City Council approves the Terms pursuant to this letter, all dates set forth on Exhibit A to
this letter shall be extended by the number of days that it takes to finalize and execute the
First Amendment and other definitive Transaction documents
(b) Deed of Lease The Ground Lease will be appropriately adjusted to reflect that the leased
premises wi11 contain only the Parking Spaces In addition, the Ground Lease will be
adjusted consistently with the following'
0) Basic Rent. The annual Basic Rent will be in accordance with the revised
Schedule 1 attached hereto.
(n) Special Basic Rent The Special Basic Rent will be $10,538 per year for years
1-20. (The part~es will acknowledge in an appropriate termination agreement as to
the Escrow Agreement which will become effective as and when the Amendment
Transaction becomes effective, that the Developer's Share is deemed to be zero
dollars) The Developer's Share will be returned to the Developer on July 3, 2001
if the Developer is the Selected Retail Provider If the Developer is not the Selected
Retail Provider and elects to withdraw from the project and the Development
Agreement pursuant to Sectlon 4(1) below, the Developer's Share will be returned to
the Developer If the Developer is not the Selected Retail Provider and elects to
continue his rights under the original Development Agreement, then the terms of the
original Development Agreement shall apply 0ncludlng the original provisions
relating to the calculation of the Developer's Share).
(rtl) Additional Rent Paragraph 1 of Schedule 2 will be amended to delete any cap
on the aggregate amount of Additional Rent payable; the cap on the amount of
Additional Rent payable in any Lease Year will remain at $25,000 through Lease
Year 10 Paragraphs 2 and 3 will be combined to provide that commencing In Lease
Year 11 and continuing for the balance of the term, Additional Rent will be payable
in an amount equal to the product of the amount of Rooms Revenue for the
applicable Lease Year in excess of the amount of Rooms Revenue for Lease Year 10
multiplied by 2%, subject to an annual cap of $50,000
Page 4
(c) Restaurant Site The Restaurant Site and all appurtenances thereto (including parking,
the Restaurant and the Restaurant Improvements) will be deleted. The Restaurant Site will
become a part of and integral with the Park Site, resulting in a (approximately) 10,200 square
foot expansion of the Park Site
(d) Restrooms The City/Authonty will construct public Restrooms on the Park Site, at its
cost, and maintain the same, at Its cost
(e) Park Improvements. The design of the Park Site and the Park Improvements will be
revised to reflect the enlargement of the Park Site The Developer and City will collaborate
to make the revisions consistent with a $1,000,000 budget, including a 7% contingency. The
Authority/City will construct the Park Improvements in accordance with'the approved plans,
and the Authority will fund such Park Improvements in an amount not to exceed $1,000,000
Pnor to putting the construction and site work out for bid, the Developer and the Authonty
will engage an engineer to estimate the cost to construct the Park Improvements consistent
with the approved plans To the extent the engineer's estimate is greater than $1,000,000,
the Authority and the Developer will share equally in the overage. The Clty/Authonty shall
be responsible for any overage or overruns from the approved plans to the extent the bids or
the actual costs to construct are greater than the engineer's estimate.
(f) Park Maintenance. The Developer will pay for and perform day-to-day cleaning and
mowing of the Park Site and Park Improvements The City/Authority will perform, at its
cost, all other maintenance The City, the Authority and the Developer shall agree as to the
standard of maintenance for the Park Site as a part of the Amendment Transaction
(g) Parking Garage Section XIII D.2 (d) of the Development Agreement (providing for the
Authortty's obligation to construct an additional floor on the Parking Garage based on
occupancy) shall be deleted so long as the final design for the Parking Garage contains at
least 800 parking spaces and includes a third access point on Pacific Avenue without
changing the contemplated circulation or access points as provided in the Master Plan
(h) Entertainment Venue The Developer will program and provide entertainment at the Park
S~te under agreement with the City and the Authority, who will reimburse the Developer for
the first $100,000 in entertmnment costs annually based on invoice There wall be no
escalation of the maximum annual amount of $100,000
0) Retail RFP The City/Authority will issue an RFP for the retail space and select the
Selected Retail Provider no later than July 3,2001 All other provisions of the Development
Agreement relating to the Retml RFP shall remain the same If the Developer is not the
Selected Retail Provider, it shall either (1) withdraw from the project and terminate ~ts
obligations under the Development Agreement, without penalty, or 01) continue its rights and
obhgat~ons under the original Development Agreement (w~thout regard to the Terms or the
Transaction) If the selection of the Selected Retml Provider occurs later than July 3, 2001,
Page 5
all dates set forth on Exhibit A to this letter shall be extended by the number of days that it
takes the Authority to select the Selected Retail Provider
If the Developer is not the Selected Retail Provider and chooses to continue its rights and
obligations under the original Development Agreement, the Development Agreement and
the Escrow Agreement shall continue in effect as written except that 0) the deadline for the
Developer to give the Withdrawal Notice under Section 5(b)(2)(A) of the Escrow Agreement
shall be deemed to have passed and the Developer shall not be entitled to promde the
Withdrawal Notice, and (n) all other performance dates for the Developer, the City and the
Authority set forth in the Development Agreement shall be extended by one hundred and
twenty (120) days, plus the number of days, if any, beyond July 3, 2001, required to award
the retail RFP and select the Selected Retml Provider
(j) Water and Sewer The Authority w~ll bring the water and sewer taps and meters to the
31-Oceanfront Land, at its expense not to exceed $300,000
(k) Deletion of Extension R~ght. The Developer's one-time extension right set forth
Article XI w~ll be deleted
Conforming Changes,. The parties also will make such reasonable and appropriate
conforming changes to the Development Agreement, the Ground Lease, and the other
Transaction Documents as may be required to reflect the change from a ground lease
structure and to correct conflicts and Inconsistencies with the Terms, provided all such
changes shall be crinslstent w~th the express provisions of the Terms and their intent. Except
for such changes, the Developer, the Authority and the City will have the same obligations,
conditions, restrictions, remedies, rewew rights, and other provisions of the Development
Agreement as are now set forth
Promotion of Oceanfront Economic Development. The Authority and the Developer will
cooperate in promoting the 31-Oceanfront Land area During the period August 2001
through the opening of the Hotel (or sixty [60] days prior to the opening of the Hotel), the
Authority wall provide appropriate video and other promotional equipment, an area and
budding model designed by the Architect for the purpose of promoting the Park Site, Parking
Garage, Hotel and Lask~n Road corridor improvements, and a trailer facility to be located at
the project area The Developer will staff and operate such facility dunng such period
subject to the Authonty's reasonable requirements and approval of promotional materials and
practices
Special Provisions - Barracuda Bob's The Authority understands that the operator of
Barracuda Bob's has a nominal lease with the Developer for the Barracuda Bob's site The
Authority agrees that it will (a) assume such lease pursuant to which the Authority w~ll lease
such premises to the operator at a rent equal to $5,000 per year, and (b) permit the operator
of the Barracuda Bob's site to remmn in possession of such premises and retain all operating
Page 6
~ncome thereof until demohtion of such site by the Authority (at the Authonty's discretion).
Such lease shall provide, among other things, that the Authority shall have no responsibility
for maintenance or repair for such premises
A & E Design Coordination The Authority will contribute up to $300,000 toward the cost
of the Architect's and engineer's design fees, In addition to the cost of the design of the
Parking Garage and the Park, to provide essential coordination of design between the Hotel,
Parking Garage, Park Site, elevated pedestrian crossover and retail space.
Miscellaneous Each of the parties would pay the expenses of their respective lawyers,
accountants, architects and other advisors in connection with the Transaction Any costs or
expenses incurred by either party to date shall be borne by such party Prospectively, except
as specifically otherwise provided herein, all expenses associated with the Hotel shall be
borne by the Developer and all expenses associated with the Parking Garage, the Park Site,
the Park Improvements, the Restrooms and the public Streetscapes shall be borne by the
Authority/City Neither party shall have the authority to bind the other for such expenses.
The Developer shall provide to the City/Authority, at no cost, copies of all Plans and all other
plans, designs, drawings, models, sketches and specifications heretofore made or prepared
for Developer or by Developer's order with respect to the Parking Garage, the Park Site, the
Park Improvements, the Restrooms and the public Streetscapes
Please note that this letter is merely an outline, and is not, nor is it intended to be, an offer, an
acceptance, or a binding agreement of any kind Although we believe this letter identifies many of
the material issues, any possible Transaction is complex and issues may arise dunng preparation of
definitive document that have not been address in this outline. Accordingly, our legal obligation to
each other as to a possible Transaction will only be as specified in any definitive agreements that
ultimately may be approved by City Council and the Authonty's Board, and executed by all of the
parties Nonetheless, by signing this letter, the parties each indicate their belief that this letter can
form the basis for a Transaction and their willingness to commence preparation of definitive
documentation.
Please indicate your agreement in pnnclple to the Terms by executing a counterpart of this letter in
the place indicated below and returning that counterpart to me not later than March 29, 2001
Bruce, as you know, there have been comprehensive efforts to create a feasible amendment
transaction, and more time has passed in that process than either of us expected. Accordingly, in the
event that either (a) I do not recmve an executed counterpart of this letter from you by March 29,
2001, (b) City Council does not approve the Terms contained in this letter by April 24, 2001, or (c)
the Authority does not approve the Terms contained in this letter by May 16,2001, then, in any such
event, the Development Agreement and the Escrow Agreement shall continue in effect as written
except that (1) the deadline for the Developer to g~ve the W~thdrawal Notice under Section
5(b)(2)(A) of the Escrow Agreement shall be extended from February 12, 2001, to the date which
ts fifteen (15) days immediately after such event, and (2) all other performance dates for the
Developer, the City and the Authority set forth in the Development Agreement shall be extended by
Page 7
one hundred and twenty (120) days
Bruce, we have worked together dd~gently to formulate an alternattve development structure that we
feel wall successfully accommodate the needs and goals of the Developer as well as the C~ty and the
Authority I look forward to mowng ahead w~th the project.
S~ncerely,
Ctty Manager
AGREED IN PRINCIPLE:
Thirty-First Street, L.C
By:
Professional Host~tality Resources, Inc.
Manager ~ ~
/ ~ ~:~ ~x eT)u~eP s(~fi c er ~//
P~?
ears l- 3
~ears 4- 6
y ears '/
years g-10
y ears l 1-65
Bas~¢ Rent
3g,O00
117.,000
5,162,000
5,262,000
5,222,000
Page 9
EXHIBIT A
SCHEDULE OF PROJECT EVENTS
Date Project Milestone
March 29, 2001 Acceptance of general Terms by PHR and C~ty team
April 3,2001 Ctty begins design process for parking deck
April 24, 2001
on or before May
16, 2001
September 1, 2001
October 1, 2001
January 25, 2002
March 8, 2002
July 1, 2002
August 15, 2002
September 1, 2002
C~ty Council approves Terms, authorizes C~ty Manager to proceed w~th
drafhng defimt~ve agreements to carry out Terms and Transaction, and
requests that Development Authority approve Terms
Authority Board approves Terms and authorizes City Manager to
proceed w~th drafting defimtlve agreements to carry out Terms and
Transaction
City to supply schematic design drawings for garage and preliminary
site plan for parking block
Financial Packages to market by Developer ~ncluding schematics, floor
plan, contractor construction estimates, etc
Flnanc~al letters of interest submitted to City from PHR
All necessary government approvals request and supporting materials
submitted to the City
Construction loan commitment deadhne; hotel franchise approval
deadline
Construction loan closing; settlement on BQI Property and 31-Ocean
Front Land property closings
Construction commencement date for hotel (evidence by notice to
proceed to contractor and contractor's mobihzat~on on 31-Oceanfront
Land and commencement of construction activities) City to commence
demolition of existing ~mprovements for parklngdeck pad site
- 34-
Item VI-LB.
ORDINANCES/RES OL UTIONS
ITEM # 48068
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED:
Tax Refunds: $4,573.51
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker,
Rosemary Wtlson and Vtce Mayor Wtlham D Sessoms, Jr
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
AN ORDINANCE AUTHORiZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following apphcat~ons for tax refunds upon certfficatlon of the Treasurer are hereby approved'
Tax Type Ticket Exoneration Date
NAME Year of Tax Number Number Paid Penalty Int.
Total
Ashdon Builders Inc. 2001
Barrett, M~chael J. & L~nda C 1999
Barrett, M~chael J & Llnda C 2000
Barrett, Michael J & L~nda C 2000
Barrett, M~chael J & Linda C 2001
Carole Anne Construction Co Inc 2001
Chang, Sflas HT & Carol Rev Trust2001
Chang, Sflas HT & Carol F Trustee2001
Cole, Charles F & Deborah P 2001
Cnswell, Paul E & Kathleen A 1998
Eaton, Norman D & Ju&th R 2001
Edwards, Bruce W & Jean S 2001
Frenkel, Ronald B & Juha R 2001
Halstead, Cyd L 2001
Harrell, James & S Harrell etal 2001
Hlghgate Crossing Homeowners As2000
H~ghgate Crossing Homeowners As2000
Lass~ter, Ehzabeth U 1998
Lass~ter, Ehzabeth U 1998
Lasslter, Ehzabeth U. 1999
Lass~ter, Ehzabeth U 1999
Lasslter, Elizabeth U 2000
Lasslter, Ehzabeth U 2000
Lasslter, Ehzabeth U 2001
Lowery, Richard S & Myra F 1998
Lowery, Richard S & Myra F. 1998
Lowery, Richard S & Myra F 1999
Lowery, Richard S & Myra F 1999
Lowery, R~chard S & Myra F 2000
Lowery, R~chard S. & Myra F 2000
Lowery, Richard S & Myra F 2001
Lugar, Lewin H Jr & Roseann M 1998
Lugar, Lewin H. Jr & Roseann M 1998
Lugar, Lew~n H Jr & Roseann M 1999
Lugar, Lewln H Jr & Roseann M 1999
Lugar, Lew~n H Jr & Roseann M. 2000
Lugar, Lew~n H Jr & Roseann M 2000
Lugar, Lew~n H Jr & Roseann M 2001
N~colato, Joseph E & Jarme D 2001
Pungo Land Holding Inc 2001
Westneck Creek Farm Ltd 2001
Landes, Travls W 1997
TOTAL:
RE(l/2) 01-004016-3 EA 12/05/00
RE(2/2) 99-128261-5 EA 05/24/99
RE(l/2) 00-007416-3 EA 11/16/99
RE(2/2) 00-007416-3 EA 05/17/00
RE(l/2) 01-007661-4 EA 11/21/00
RE(I/2) 01-020382-5 EA 12/05/00
RE(l/2) 01-022243-0 12/05/00
RE(2/2) 01-022242-1 01/24/01
RE(1/2) 01-024843-0 03/15/01
RE(2/2) 98-027106-9 EA 06/01/98
RE(I/2) 01-036650-6 EA 11/30/00
RE(l/2) 01-036995-0 EA 12/01/00
RE(l/2) 01-043834-1 EA 11/24/00
RE(l/2) 01-052123-2 EA 12/05/00
RE(l/2) 01-053403-1 11/15/00
RE(l/2) 00-139822-2 EA 12/03/99
RE(2/2) 00-139822-2 EA 06/01/00
RE(l/2) 98-070267-4 EA 12/05/97
RE(l/2) 98-070267-4 EA 12/26/00
RE(l/2) 99-071171-6 EA 12/26/00
RE(2/2) 99-071171-6 EA 12/26/00
RE(l/2) 00-072015-2 EA 12/26/00
RE(l/2) 00-072015-2 EA 12/26/00
RE(l/2) 01-073028-4 EA 12/26/00
RE(l/2) 98-074182-8 EA 11/25/97
RE(2/2) 98-074182-8 EA 05/19/98
RE(l/2) 99-075167-3 EA 11/18/98
RE(2/2) 99-075167-3 EA 05/13/99
RE(l/2) 00-076037-7 EA 11/19/99
RE(2/2) 00-076037-7 EA 05/11/00
RE(l/2) 01-077076-6 EA 11/15/00
RE(l/2) 98-074418-4 EA 12/03/97
RE(2/2) 98-074418-4 EA 05/21/98
RE(l/2) 99-075418-0 EA 11/27/98
RE(2/2) 99-075418-0 EA 06/03/99
RE(1/2) 00-076292-7 EA 12/05/99
RE(2/2) 00-076292-7 EA 06/01/00
RE(l/2) 01-077332-6 EA 12/04/00
RE(l/2) 01-092242-4 EA 11/15/00
RE(l/2) 01-102029-0 EA 11/29/00
RE(l/2) 01-134187-1 EA 11/20/00
PP(2/2) 97022939503 EA 02/23/01
730 23
15 26
30 50
30 50
61 00
29 24
6 85
53 66
281 43
134 97
114 38
21 35
244 00
78 42
116 82
298 72
335 50
52 89
143 03
138 13
133 24
128 36
122 89
117 30
39 20
39 20
48 95
48 95
62 19
62 19
55 95
26 77
26 77
26 39
26 39
25 62
25 62
25 62
122.00
299 63
165 58
27 82
4573.51
Th~s ordinance shall be effective from date of adoption
The above abatement(s) totahng
were approved by
the Council of the City of V~rglma Beach
on the 24t-hdayof ~prz!; 2001
Ruth Hodges Srmth
City Clerk
J:ol~ ~lAtkl~n, Tr~sur~' I
Approved as to form
/
Leshe L Lllley, C~W A~omey
- 35-
Item VI-J.
PLANNING
ITEM # 48069
1. PA CE CONSTRUCTION AND
DEVELOPMENT CORPORA TION
MODIFICATION OF PROFFERS
CONDITIONAL CHANGE OF ZONING
(Approved June 27, 2000)
2. STERLING W. AND BONNIE J. THACKER
MODIFICATION OF PROFFERS
CONDITIONAL CHANGE OF ZONING
(Approved January 8, 1991)
3. EWALBE, L.L.C.
STREET CLOSURE
4. THE R UNNYMEDE CORPORA TION
STREET CLOSURES
5. LA VERNE K. COLEY
VARIANCE
6. MICHAEL AND JANE CULLIPHER
CONDITIONAL USE PERMIT
7. SAM'S REAL ESTATE BUSINESS TR US T
CONDITIONAL USE PERMIT
Aprtl 24, 2001
- 36-
Item VI-J.
PLANNING
ITEM # 48070
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl APPROVED in ONE
MOTION Items 1, 2, 4, 6 and 7 of the PLANNING AGENDA
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
Item V-J. 1.
-37-
PLANNING
ITEM # 480 71
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Cay Counctl MODIFIED, AS
PROFFERED the Apphcatton of PA CE CONSTRUCTION and DEVELOPMENT CORPORA TION for
a Modification of Prof_fers (approved June 27, 2000), on a Condtttonal Change of Zoning
ORDINANCE UPON APPLICATION OF PA CE CONSTRUCTION
AND DE VEL OPMENT CORPORA TION FOR A MODIFICATION OF
CONDITIONS PLACED ON A CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM AG-1 AND AG-2 to CONDITIONAL R-15
(APPROVED June 27, 2000)
Ordtnance upon apphcatton of Pace Constructton and Development
Corporatton for a Modtficatton of Conchttons placed on a Change of
Zontng Dtstrtct Classtficatton from AG-1 and AG-2 to Condtttonal
R-15 Restdenttal Dtstrtct (Approved June 2 7, 2000) (GPIN #14 73-98-
6486, #1473-89-8525) Property ts located on the west stde of lndtan
Rtver Road begtnmng 7,640feet south of Elbow Road Satd parcel
contatns 173 5 acres (PRINCESS ANNE - DISTRICT 7)
The followtng con&tton shall be requtred
1 An Agreement encompasstngproffers shall be recorded wtth the
Clerk of Ctrcutt Court
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice
Mayor Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
City- o£ Vix- ix- ia Reach
ZNTEI -OFFZCE COR ESPON13E CE
In Reply Refer To Our File No. DF-5351
TO: Leslie L. Lilley
FROM:
DATE: April 12, 2001
B. Kay Wilson~
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application
Pace Construction and Development Corp.
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 24, 2001. I have reviewed the subject proffer agreement, dated
February 26, 2001, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
·
THIS PROFFER AGREEMENT, made this 2i~. day of February, 2001, by and between
PACE CONSTRUCTION AND DEVELOPMENT CORP., a Virginia Corporation,
(hereinafter "Pace"), Grantors, and the CITY OF VIRGINIA BEACH, a Municipal
Corporation of the Commonwealth of Virginia (hereinafter "Grantee").
WITNESSETH:
WHEREAS, the Grantors initiated an amendment to the Zoning Map of the City of
Virginia Beach, Virginia by application and petition pursuant to City Zoning Ordinance, Article
1., Sec. 107 (a) et seq. of the Virginia Beach City Code, addressed to the Grantee, for the purpose
of rezoning a certain 173.5 acre (approximately) parcel of the Grantors' property from AG-
I/AG-2 to R15 (Conditional). The subject parcel to be rezoned is located on Indian River Road
and is shown on that certain plat entitled "PLAT AND SURVEY OF H.L. MURDENS LAND",
which plat ~s of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virgima, in Map Book 4 PART 2, at Page 167 AND 171, and further shown and described on
that certain "Physical Survey of GPIN: 1473-89-8525 as shown on MB 151, PG 22 and GPIN:
1473-98-6486, as shown on MB 4, PG 167, Virginia Beach, Virginia" Made By MSA, P.C.
dated November 21, 2000, (copy attached hereto as Exhibit A), (hereinafter the "Property");
WHEREAS, two Proffer Agreements were presented with said application and petition
on February 23, 1998, and recorded in Deed Book 4089 at Page 0953, and on February 15, 2000
in Deed Book 4264 at Page 1593 respectively;
WHEREAS, on or about November 28, 2000, C. Dean Ives and R. Diane Ives and Robert
T. Witt and Susan J. Witt conveyed that certain northeastern parcel of the Property designated as
GPIN 1473-89-8525-0000 to Pace by Deed dated November 28, 2000 and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 4329 at Page
0674;
WHEREAS, on or about November 30, 2000, the City of Norfolk conveyed that certain
southwestern parcel of the Property designated as GP1N 1473-98-6486-0000 to Pace by Deed
dated November 30, 2000 and recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach in Deed Book 4329 at Page 0671;
GPINs: 1473-98-6486-0000 and 1473-89-8525-0000
Prepared by The Morris Group, P O. Box 3186, Norfolk, Virginia 23514-3186 (757) 623-8100
WHEREAS, on or about January 16, 2001, Grantor submitted a modification to their
application with a new Site Plan designated as "Riverwood Estates Indian River Road, Virginia
Beach, Virginia" dated January 11,2001, prepared by MSA, P.C. hereinafter "Site Plan"
increasing the total proposed lots to 145;
WHEREAS, the Grantee's policy is to provide only for the orderly development of land,
for various purposes, through zoning and other land development legislation;
WHEREAS, thc Grantor acknowledges that in order to recognize the effect of change,
and the need for various types of uses, certain reasonable conditions governing the use of the
Property for thc protection of the community that are not generally applicable to the land in the
R 15 zoning classification are needed to cope with thc situation which thc Grantors' proposed
development give rise;
WHEREAS, thc Grantor wishes to rescind thc prior proffers and has voluntarily
proffered herein, in writing, in advance of and prior to thc public hearing before thc Grantee, as a
part of the proposed amendment to the Zoning Map, in addition to the regulations provided for in
R15 zoning district or zone by the existing overall zoning ordinances, the following reasonable
conditions related to the physical development and operation of the property to be adopted as a
part of said amendment to thc new Zoning Map relative to the property described above, which
have a reasonable relation to thc rezoning and the need for which is generated by thc rezoning
and proposed development;
NOW, THEREFORE, thc Grantor, for itself, personal representatives, assigns, grantees
and other successors in title or interest, voluntarily and without any requirement by or exaction
from Grantee or its governing body and without any element of compulsion or quid pro quo for
zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following
declaration of conditions and restriction as to the physical development and operation of the
subject property and governing thc usc thereof and hereby covenant and agree that this
declaration shall constitute covenants running with the said Property and upon all parties and
persons claiming under or through the Grantors, their heirs, personal representative, assigns,
grantees and other successors in interest or title. Thc Grantors covenant and agree that:
1. Tile prior Proffers dated February 23, 1998, and recorded in Deed Book 4089 at Page 0953,
and on February 15, 2000 in Deed Book 4264 at Page 1593 respectively are hereby rescinded
Prepared by The Morris Group, P.O. Box 3186, Norfolk, Virginia 23514-3186 (757) 623-8100
and the following declaration of conditions and restriction shall apply proactively to the current
and prior applications.
2. The Property shall be developed substantially in accordance with those certain Site Plans
entitled "Conceptual Site Layout Plan of Riverwood Estates, Indian River Road, Virginia Beach,
Virginia" dated February 15, 2001, prepared by MSA, P.C. and the site plan adding two (2)
additional lots entitled "Exhibit Riverwood Estates, Indian River Road, Virginia Beach,
Virginia" dated January 11,2001, prepared by MSA, P.C. (collectively the "Site Plan"), copies
of which have been exhibited to the City Council of the Grantee, and are on file with the
Planning Department of the Grantee;
3. The proposed development shall contain a maximum of One Hundred and Forty-five (145)
lots;
4. Wetlands located on the south and southwestern border and those areas designated as
southem watershed management area (SWMA) of the proposed development as shown on the
aforementioned Plan shall be dedicated to the Grantee at the time of subdivision review;
5. Further conditions may be required by the Grantee during detailed Subdivision or Site Plan
review and administration of applicable City Codes by all relevant City agencies and
departments to meet all applicable City Code requirements.
The above conditions having been proffered by the Grantors and allowed and accepted by
the Grantee as a part of the amendment to the zoning ordinance such conditions shall continue in
full force and effect until a subsequent amendment changes the zoning on the Property covered
by such conditions; provided, however, that such conditions shall continue despite a subsequent
amendment if the subsequent amendment is part of a comprehensive implementation of a new or
substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions
are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia, and executed by the record owner of the subject property
at the time of the recordation of such instrument; provided, further, that said instrument is
consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a
resolution adopted by the governing body of the Grantee, after a public hearing before the
Grantee advertised pursuant of the provision of the Code of Virginia, § 15.2-2204 et. seq., which
said ordinance or resolution shall be recorded along with said instrument as conclusive evidence
of such consent and authority.
Prepared by The Morris Group, P.O Box 3186, Norfolk, Virginia 23514-3186 (757) 623-8100
All references hereinabove to requirements and regulations applicable thereto refer to the
City Zoning Ordinance of the Grantee in force as of the date of this agreement, which is by this
reference incorporated herein.
The Grantors covenant and agree that (1) the Zoning Administrator of the City of
Virginia Beach, Virginia, shall be vested with all necessary authority on behalf of the governing
body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions,
including (i) the ordering in writing of the remedy of any noncompliance with such condition,
and (ii) the bring of legal action or suit to insure compliance with such conditions, including but
not limited to mandatory or prohibitory injunction, abatement, damages or other appropriate
action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the
issuance of any of the required building or occupancy permits as may be appropriate; (3) if
aggrieved by any decision of the Zoning Administrator pursuant to the provision, the Grantors
shall petition to the governing body for review thereof prior to instituting proceeding in court;
and (4) the Zoning Map may show by an appropriate symbol on the map the existence of these
conditions attaching to the zoning of the subject property on the map and that the ordinance and
conditions may be made readily available and viewable for public inspection in the Office of the
Zoning Administrator and the Planning Department, and they shall be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of
the Grantors and Grantee.
WITNESS the following signatures:
Pace Co--and Develogment Corp.
B y,~X--~~.~/t~.,~ ~./~~ ~/'~.,~'
STATE OF VIRGINIA f ~"~ ....... ~" '
CITY OF b/t, ~> ~ "to-wit:
I, the undersigned Notary Public, in and for the City and State aforesaid, do hereby
certify that James E. Morris, Vice President of Pace Construction and Development Corp. whose
name is signed to the foregoing document, dated the~, ~z day of February, 2001, has
acknowledged the same before me in the City and State aforesaid, on thia,~- day of February,
2001.
My commission expires: 3//3//o ~,"
Notary Public
Prepared by The Morris Group, P O. Box 3186, Norfolk, Virginia 23514-3186 (757) 623-8100 4
EXHIBIT A
lllllllill
& ~Ll
J]lJJJil!
i
, ii
Item V-J. 2.
- 38-
PLANNING
ITEM # 480 72
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd MODIFIED, AS
PROFFERED an Or&nance upon apphcatton of STERLING W. and BONNIE J. THACKER for a
Modification of Proffers on thetr Condtttonal Change of Zontng Dtstrtct Class¢~catton (APPROVED
January 8, 1991)
ORDINANCE UPON APPLICATION OF STERLING W & BONNIE
J THA CKER FOR A MODIFICATION OF CONDITIONS PLA CED
ON A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM
AG-2 TO CONDITIONAL B-2 (APPROVED January 8, 1991)
Or&nance upon apphcatton of Sterhng W & Bonme d Tacker for a
Modtficatton of Condtttons placed on a Change of Zomng Dtstrtct
Classtficatton from AG-2 Agrtcultural Dtstrtct to Condtttonal B-2
Communtty Bustness Dtstrtct (Approved January 8, 1991) (GPIN
#1484-01-8054) Satd property ts located at 3 756 In&an Rtver Road
PRINCESS ANNE- DISTRICT 7
The followtng conchtton shall be required
1 An agreement encompasstngproffers shall be recorded with the
Clerk of the Ctrcutt Court
Vottng 11-0 (By Consent)
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
[NTEg-OFF CE CORRESPONOENCE
In Reply Refer To Our File No. DF-5352
TO:
FROM:
DATE: April 12, 2001
Leslie L. Lilley
B. Kay Wilson~
DEPT: City Attorney
DEPT: City Attorney
Conditional Zoning Application
Sterling W. Thacker and Bonnie J. Thacker
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on April 24, 2001. I have reviewed the subject proffer agreement, dated
January 16, 2001, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
I
t~1 / 1 b/21::1~1 lb: 5'2
lb Ib221dB 13
B~BII',rc./)13 DL1YI_E ~IIY~
GPIN~
Prepared by:
STERLING W. THACKER AND BONNIE ]. THACKER
TO
CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation
AMENDMENT OF COVENANTS
RESTRICTIONS, AND CONDITIONS
PROFFERED PURSUANT TO SECTION 107 (h)
OF THE ZONING ORDINANCE OF THE
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this [ ,(,~| ~lny of ,~)/k{ UIA/,C ~ i~' 2001,
between STERLING W. THACKER and BONNIE J. THACKER (hereinafter
"GRANTORS") and THE CITY OF VIRGINIA BEACH, a municipal corporation of
the Commonwealth of Virginia (hereinafter "GRANTEE"),
WlTNESSETH:
WHEREAS, in connection with the rezoning of a portion of certain property
(hereinafter the "Property" See Exhibit A), owned by the GRANTORS, an agreement
of convertants nnd conditions (hereinafter "Agreement") was recorded in the Office of
the Clerk of the Circuit Court of the City of Virginia Beach in Deed Book 2962, Page
1154 on Jantmt~ 15, 1991;
WHEREAS, the GRANTORS petitioned the Council of the City of Virginin
Beach pursuant to Section 107(h)of the City's Zoning Ordinance to amend the
covenants, restrictions, and conditions contained in the Agreement; and
WHEREAS, after a public hearing befor~ GRANTEE, advertised pursuant to
the provisions of the Code of Virginia, Section 15.1-43 I, the Council of thc City of
Virginia Beach did approve the amendment of the Agreement as stated herein; and
14840180540000
Jon M. Babineau, Esquire
First Virginia Tower, Ste. 1102
555 E. Main Street
Norfolk, VA 23510
(757) 622-8631
WHEREAS, a certified copy of the Ordinance adopted by the City Council
wherein consent to this amendment to the Agreement was given is attached hereto as
Exhibit 13 as conclusive evidence of such consem;
NOW, THEREFORE, the GRANTORS, for thctnselves, their successors,
assigns, grantees, and other successors in tide or interest, voluntarily and without any
requirement by or exaction fJ~om the GRANTEE governing body and without any
element of compulsion or o_uid _mo ~ for zoning, rezoning, site plan, building permit,
or subdivision approval, hereby make the following declaration of covenants,
restrictions, and conditions as to the physical development and operation of the
Prnpefly and governing the usc thereof and hereby tender ~he following covenants
running with said Property which shall be binding upon the Property and all parties
and persons claiming under or through the GRANTOR, their assigns, grantees and
other successors in interest or title, namely:
1. Paragraph I of the Agreement is hereby deleted and the following
paragraph is added in its place:
The uses for the Property shall be limited to
those granted pursuant to the conditional use
permits granted by the City of Virginia Beach
Council on July 2, 1984 and March 3, 1986, nnd
for thc sale of aninud consumables, animal care
produ~s, horse trailers, tack and equestrian-related
clothing, footwear, apparel, gif~ and accessories.
2. Paragraph 2 of the Agrccrnent is hereby deleted and the following
paragraph is added in its place:
The sale of animal consumables, animal care products,
horse trailers, tack and equestrian-related clothing, footwear,
apparcl, gifts and accessories shall bc conducted only between
the hours of' 7:30 a.m. to 6:00 p.m. Monday through
Saturday and 12:00 p.m. to 6:00 p.m. on Sunday.
3. Except as provided herein all terms of thc convenants, restrictions and
conditions contained in the Agreement recorded in Deed lk)ok 2962, Page 1154 in the
aforesaid Clerk's Office shall remain in full force and effect.
WITNESS the following sir, natures and seals:
GRANTORS: ~~.~/
STERLING W. THACKER
/ o m.i.-ri c t /
STATE OF FLORIDA:
, to-wit:
, a Notary Public for the State
and City/County aforesaid, do certify that STERLING W. THACKER and
BONNIE J. THACKER, whose name(s) are signed ~o the foregoing, have
signed and acknowledged the same before this
day of January, 2001.
MY COMMISSION f CC 897082
~y Co~ission Expires:
EXHIBIT A
ALL THAT certain tract, piece or parcel of land
situate in the City of Virginia Beach, Virginia,
(formerly Princess Anne County), comprising
twenty-three (23) acres, more or less, located at
3756 Indian River Road (formerly on Indian River
Turnpike Road) and west of the property now or
formerly owned by Richard Downing, and being
more particularly described according to a plat
recorded in the Clerk's Office of the Circuit Court
of the City of Virginia Beach, Virginia in Deed Book
59. at page 19. reference to said plat being hereby
made for a more particular description.
IT BEING the same property conveyed to the first
parties herein by deed from Robert L. Stephenson
and Margaret C. Stephenson, husband and wife,
dated September 15, 1984, and recorded in the
aforesaid Clerk's Office in Deed Book 2366,
at page 1827. (See attached Exhibit A)
Item V4.$.
39-
PLANNING
ITEM 14 480 73
Attorney R E Bourdon represented the apphcatton
Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl APPROVED,
CONDITIONED UPON COMPLIANCE, the Petttton of E WALBE, L.L. C.,f or the dtsconttnuance, closure
and abandonment of a 20-foot alley on the north stde of 15th Street west of Atlanttc Avenue
Ordtnance upon apphcatton of Ewalbe, L L C for the dtsconttnuance,
closure and abandonment of a 20-foot alley on the north side 0f15th
Street begtnmng at a potnt 120 feet west of Atlantic Avenue and
running a dtstance of l3Ofeet tn a northerly dtrectton Satd parcel
contains 2600 square feet BEACH - DISTRICT 6
The followtng condtttons shall be requtred
The Ctty Attorney's Office will make the final determtnatton
regardtng ownership of the underlymg fee The purchase prtce
to be pard to the Ctty shall be determined according to the
"Pohcy Regardtng Purchase of Ctty's Interest tn Streets
Pursuant to Street Closures, "approved by Ctty Counctl Copses
of the pohcy are avatlable tn the Planntng Department
The apphcant ts requtred to resubdtvtde the property subject to
the closure and vacate tnternal lot hnes to tncorporate the closed
area tnto the adjotntng parcels The plat must be submttted and
approved for recordatton prtor to final street closure approval
The apphcant ts required to vertfy that no private utthttes extst
wtthtn the rtght-of-way proposed for closure Prehmtnary
comments from the utthty compantes tndtcate that there are no
prtvate utthtles within the rlght-of-way proposed for closure If
private utthttes do extst, easements satisfactory to the utthty
company must be provtded
Closure of the rtght-of-way shall be conttngent upon comphance
wtth the above stated condtttons wtthtn 365 days of approval by
City Counctl If all condtttons noted above are not accomphshed
and a final plat ts not approved within 1 year of the Ctty
Council's vote to close the roadway, this approval wtll be
constdered null and votd
Voting 10-1
Council Members Vottng Aye
Linwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker and
Rosemary Wilson
Counctl Members Vottng Nay
Vice Mayor Wtlham D Sessoms, Jr
Counctl Members Absent
None
Aprt124, 2001
ORDInAnCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONT~G A PORTION OF THAT CERTAIN STREET
KNOW~ AS "20" LANE" AS SHOWN ON THAT CERTAIN
PLAT ENTITLED: "PLAT SHOWING CLOSURE OF PORTION
OF 20' ALLEY LOCATED WITHIN BLOCK B MAP OF
SHAMROCK M.B. 6 P. 247 VIRGINIA BEACH, VIRG~," A
COPY OF WHIG IS ATTACHED HERETO AS EXHIBIT A.
WHEREAS, on April 24, 2001, EWALBE, L.L.C., a Virginia limited liability
company, applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter
described streets discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said streets be discontinued,
closed, and vacated, subject to certain conditions having been met on or before April 23, 2002;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED bythe Council of the City of Virginia Beach, Virginia, that the
hereinafter described streets be discontinued, closed and vacated, subject to certain conditions being
met on or before April 23, 2002:
All that certain piece or parcel of land situate, lying and being in the
City of Virginia Beach, Virginia, designated and described as the
cross-hatched area or "20' LANE" containing 2,600 square feet, as
shown on that plat entitled: "PLAT SHOWING CLOSURE OF
PORTION OF 20' ALLEY LOCATED WITHIN BLOCK B MAP
OF SHAMROCKM.B. 6 P. 247 VIRGINIA BEACH, VIRGINIA,"
dated May 22, 2000 and revised January 15, 2001, prepared by
Gallup Surveyors & Engineers, Ltd., a copy of which is attached
hereto as Exhibit A.
SECTION li
The following conditions must be met on or before April 23, 2002:
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.
GPIN:
2. Thc applicant is required to resubdivide the property subject to thc closure 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. 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.
4. Closure of the right-of-way shall be contingent upon compliance with the
above stated conditions within 355 days of approval by City Council. If all conditions noted above
are not accomplished and a final plat is not approved within one year of the City Council's vote to
close the roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before April 23, 2002, the
street closure application will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before April 23, 2002, 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."
Adopted by the Council of the City of Virginia Beach, Virginia, on this ____
April
of ,2001.
2 4 t hday
CA-8005
02/22/01
F %Datm~,TY~Fonm~ed~\WORKING~TCLOSU\WOP. I(ING\CAS005 ORD
APPROVED AS TO CONTENT:
~_~. q-~. -.~ I
Planning~~ent
APPROVED AS TO LEGAL ~'I'~CIENCY'
City Attom,y
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- 40-
Item V-J. 4.
PLANNING
ITEM # 480 74
Upon motton by Vice Mayor Sessoms, seconded by Councdman Branch, Ctty Counctl APPROVED the
Pettttons of THE RUNNYMEDE CORPORA TION for the &sconttnuance, closure and abandonment of a
portton of South Boulevard and A and 5tn Avenues
AND,
Or&nance upon apphcatton of The Runnymede Corporatton for the
&sconttnuance, closure and abandonment of a portton of South
Boulevard (formerly 4th StreeO begmntng at the mtersectton wtth
Sentara Way and running westerly a &stance of 5OO feet more or less
Satd street ts vartable tn wtdth and contams 21,869 square feet ROSE
HALL - DISTRICT 3
Or&nance upon apphcatton of The Runnymede Corporatton for the
&scontinuance, closure and abandonment ora portion of A Avenue
and a portton of 5th Avenue begtnning at a potnt 100 02feet south of
South Boulevard (formerly 4th StreeO runntng tn a southerly &rectton
and &stance of l 5O feet to the southern boundary of 5'h Avenue and
runntng easterly a &stance of 200 02feet Satdparcels contam 15, 003
square feet ROSE HALL - DISTRICT3
The followtng con&ttons shall be requtred
The City Attorney's Office wtll make the final determtnatton
regar&ng ownershtp of the underlymgfee The purchase prtce
to be pard to the Ctty shah be determtned accor&ng to the
"Pohcy Regar&ng Purchase of Ctty's Interest tn Streets
Pursuant to Street Closures", approved by Ctty Council Coptes
of the pohcy are avatlable tn the Planmng Department
The apphcant ts required to resub&vtde the property and vacate
tnternal lot hnes to tncorporate the closed area tnto the
addotmngparcels The plat must be submttted and approved for
recordation prtor to final street closure approval
The apphcant ts requtred to vertfy that no prtvate utthttes extst
wtthm the rtght-of-way proposed for closure Prehmmary
comments from the uttltty compames tn&cate that there are no
private utthttes wtthtn the rtght-of-way proposed for closure If
prtvate utthttes do extst, easements sattsfactory to the utthty
company must be provtded
Closure of the rtght-of-way shah be contmgent upon comphance
with the above stated con&ttons wtthtn 365 days of approval by
Ctty Counctl If all con&ttons noted above are not accomphshed
and a final plat ts not approved wtthtn 1 year of the Ctty
Council's vote to close the roadway, thts approval wtll be
constdered null and votd
Vottng 11-0 (By Consent)
Counctl Members Votmg Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor WtHtam D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
OF VARIABLE WIDTH KNOWN AS SOUTH BOULEVARD
(VARIABLE R/W) FORMERLY 4*" STREET AS SHOWN ON
THAT CERTAIN PLAT ENTITLED: "STREET CLOSUR~ OF A
PORTION OF SOUTH BOULEVARD FROM WESTERN R/W OF
A AVENUE EXTENDED TO MOST WESTERN TERMINUS OF
SOUTH BOULEVARD, VIRGINIA BEACH, VIRGINIA," COPY
OF WHICH IS ATTACHED HERETO AS EXHIBIT A
WHEREAS, on April 24, 2001, Runnymede Corporation, a Virginia
corporation, applied to the Council of the City of Virginia Beach, Virginia, to have the
hereinafter described streets discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said streets be discontinued,
closed, and vacated, subject to certain conditions having been met on or before April 23,
2002;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described streets be discontinued, closed and vacated, subject to certain
conditions being met on or before April 23, 2002:
All that certain piece or parcel of land situate, lying and being
in the City of Virginia Beach, Virginia, designated and
described as the cross-hatched area or "~It = TOTAL PORTION
OF STREET TO BE CLOSED 21,869 SQUARE FEET OR
0.502 ACRES" as shown on that plat entitled: "STREET
CLOSURE OF A PORTION OF SOUTH BOULEVARD FROM
WESTERN R/W OF A AVENUE EXTENDED TO MOST
WESTERN TERMINUS OF SOUTH BOULEVARD, VIRGINIA
BEACH, VIRGINIA" dated January 16, 2001, prepared by
MSA, P.C., a copy of which is attached hereto as Exhibit A.
And further being described as: BEGINNING at the northeast
comer of Lot 23, Map of East Norfolk, recorded in Map Book
4, Page 191, the Point of Beginning; thence S 84° 11' 22" W, a
distance of 499.96' to a point; thence N 07° 04' 11" W, a
distance of 61.63' to a point; thence N 85 ° 48' 38" E, a distance
of 500.41' to a point; thence S 07° 07' 30" E, a distance of 36.70'
to the Point of Beginning.
GPIN:
SE(~TION II
The following conditions must be met on or before ,2002'
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. 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.
4. Closure of the right-of-way shall be contingent upon compliance with
the above stated conditions within 365 days of approval by City Council. If all conditions
noted above are not accomplished and a final plat is not approved within 1 year of the City
Council's vote to close the roadway, this approval will be considered null and void.
SECTION III
1. If the preceding conditions are not fulfilled on or before April 23, 2002,
the street closure application will be deemed null and void without further action by the City
Council.
2. If all conditions are met on or before April 23, 2002, the date of final
closure is the date the street closure ordinance is recorded by the City Attomey.
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."
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on this
Apr i 1
,2001.
24th
CA-8006
02/22/01
F:\Data~t'TY~onm'J)eeds\WORKINOLqTCLOS Lf~WORKING\CA 8006 ORD
APPROVED AS TO CONTENT:
Planning~artment
APPROVED AS TO
C~ty AttorneY
i
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LYNN tT~?A
zor L ~51~ ~$
~ 4141, tt~
ROCKY MOUNT ROAD
(50' R/~)
VIRGINIA STATE COORDINA
SOUTH ZONE (NAD 8]/8~)LAN~
TOTAL POt?T/ON OF STI?£ET TO BE CLOSED
21, 869 SOUAI?E FEET Oi? 0. 502 ACI?ES .
DWN BY: JBN
I. FB:
EXHIBIT "A"
STREET CLOSURE
OF
A PORTION OF SOUTH BOULEVARD
FROM WESTERN R/W OF A AVENUE EXTENDED
TO MOST WESTERN TERMINUS OF SOUTH BOULEVARD
VIRGINIA BEACH, VIRGINIA
JANUARY 16, 2001
'"" MSA,,,,P C
I I II&l/I IH ,, - - ,
Landscape Architecture · P/anning
II
~ I Surveying. Engineering
I I I I/&JJI I
I I I/-&l I I I Environmental Sciences
SO:5:3 ROUSE DRIVE, 'VJRGJHJa BEACH, VA 23462-3708
PHONE (757) 490*9264. FA.X: (?$?) 490-0634
II~j
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JOB# 00133
SCALE: 1"=100'
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THOSE CERTAIN STREETS
OF VARIABLE WIDTHS KNOWN AS A AVENUE AND 5TM
STREET AS SHOWN ON THAT CERTAIN PLAT ENTITLED:
"STREET CLOSURE OF A PORTION OF A AVENUE AND A
PORTION OF 5TM AVENUE, VIRGINIA BEACH, VIRGINIA,"
COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A.
WHEREAS, on April 24, 2001, Runnymede Corporation, a Virginia
corporation, applied to the Council of the City of Virginia Beach, Virginia, to have the
hereinafter described streets discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said streets be discontinued,
closed, and vacated, subject to certain conditions having been met on or before April 23,
2002;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia,
that the hereinafter described streets be discontinued, closed and vacated, subject to certain
conditions being met on or before April 23, 2002:
All those certain pieces or parcels of land situate, lying and
being in the City of Virginia Beach, Virginia, designated and
described as the cross-hatched areas or"l~! = TOTAL PORTION
OF STREET TO BE CLOSED 15,003 SQUARE FEET OR 0.34
ACRES" as shown on that plat entitled: "STREET CLOSURE
OF PORTION OF A AVENUE AND A PORTION OF 5*"
AVENUE VIRGINIA BEACH, VIRGINIA" dated January 16,
2001, prepared by MSA, P.C., a copy of which is attached
hereto as Exhibit A.
And further being described as: BEGINNING at the northeast
comer of Lot 31, Map of East Norfolk, recorded in Map Book
4, Page 191, the Point of Beginning; thence S 84° 11' 22" W, a
distance of 200.02' to a point; thence N 07° 08' 23" W, a
distance of 150.00' to a point; thence N 84 ° 11' 35" E, a distance
of 49.98' to a point; thence S 07° 07' 38" E, a distance of 99.98'
to a point; thence N 84° 11' 35" E. a distance of 150.01' to a
point; thence S 07° 07' 38" E, a distance of 50.01 to the Point of
Beginning. Area of the street closure is 15,003 square feet or
0.34 acre.
GPIN:
SECTION II
The following conditions must be met on or before April 23, 2002:
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. 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.
4. Closure of the right-of-way shall be contingent upon compliance with
the above stated conditions within 365 days of approval by City Council. If all conditions
noted above are not accomplished and a final plat is not approved within 1 year of the City
Council's vote to close the roadway, this approval will be considered null and void.
SECTION III
1. Ifthe preceding conditions are not fulfilled on or before April 23, 2002,
the street closure application will be deemed null and void without further action by the City
Council.
2. If all conditions are met on or before April 23, 2002, 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."
day of
Adopted by the Council of the City of Virginia Beach, Virginia, on this 2 4 th
April
,2001.
CA-8007
02/22/0 i
F \DaIa~ATY~Forms\Deeds\WORKING~STCLOSU~WORKING\CA8007 ORD
APPROVED AS TO CONTENT:
Pianm~gff~Department
APPROVED AS TO LEG(~'~ICIENCY:
City Attome~ -- ~
N84'08'25'[
148.63'
S50'51'35'E
I I ! j
NB4'39'22'E
104.96' __
11.60'
~0~ ~ ~ A~ A
-
;I, .~,1~ _ ~1 ~ ~ 1~ 003 SQUARE FEET OR 0 34 ACRES
DV~H BY: JB'N
=
FB:
I
EXHIBIT "A"
STREET CLOSURE
OF
A PORTION OF A AVENUE
AND A PORTION OF 5th AVENUE
VIRGINIA BEACH, VIRGINIA
JANUARY 16, 2001
_ MSA. P.C, , ,, _'~
Landscape Architecture. Plan=lng ~.~
Surveyln~ · J~ng, jae,rlng ~'H
Environmental Sciences I I ]~! ! I I
50~ ROUSE DRIP, VJ~GIN]A B~CH, VA 2~462-37~ I I I~ ~ I [ ~
PHONE (757) 4~-9264 · FAX (757) 490-~34 { JOB~ OO1 55
,,,{ SCALE: 1"=100'
Item V-J.$.
- 41 -
PLANNING
ITEM # 480 75
Upon motton by Councdman Jones, seconded by Vtce Mayor Sessoms, Ctty Councd APPROVED the
Appltcatton of LA VERNE K. COLEY for a Vartance to Sections 4 4(b) and 4 4(d) of the Subdtvtston
Ordtnance whtch requtres that all newly created lots meet all the requtrements of the Ctty Zomng Ordinance
(CZO) and have dtrect access to a pubhc street on Guam Avenue
Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn
elements of the Subdtvtston Ordtnance, Subdtvtston for La Verne K
Coley Property ss located on Guam Avenue, Lots 1 and 2 as shown on
the plat entttled "Subdtvtston of Property of Lykeba Corporatton, Et
Al" (GPIN #1570-51-8502, #1570-51-6565)
Voting 10-1
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Robert C Man&go, Jr, Mayor
Meyera E Oberndorf, Nancy K Parker, Vtce Mayor Wtlham D
Sessoms, Jr and Rosemary Wdson
Counctl Members Voting Nay
Reba S McClanan
Counctl Members Absent
None
Aprt124, 2001
Item VI-J. 6.
- 42 -
PLANNING
ITEM # 480 76
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of MICHAEL and JANE CULLIPHER for a Condtttonal Use Permtt
ORDINANCE UPON APPLICATION OF MICHAEL AND JANE
CULLIPHER FOR A CONDITIONAL USE PERMIT FOR A
TEMPORAR Y AND LIMITED BORROW PIT R04013045
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Mtchael and Jane Culhpher for a
Condtttonal Use Permtt for a temporary and hmtted borrow ptt on the
east stde of Prtncess Anne Road, 2765feet orth of Old Pungo Ferry
Road (GPIN #2309-67-3343) Satd parcel ts located at 772 Princess
Anne Road and contains 138 413 acres PRINCESS ANNE -
DISTRICT 7
The followtng condtttons shall be reqmred
1 The locatton and dtmenstons of the excavatton area shall be tn
accordance wtth theplan entttled "Mtke Culhpher lrrtgatton, "by
U S Department of Agrtculture, Sotl Conservatton Servtce,
whtch has been exhtbtted to the Ctty Counctl and ts on file wtth
the Planmng Department
2 The duratton of the excavatton and restoratton acttvtty shall be
no more than 120 days from the commencement of excavatton
3. Operating hours shall be 7 O0 am to 7 O0 pm, Monday through
Saturday No Sunday operattng shall be permitted
No excavatton or restoratton of the borrow ptt shall be allowed
wtthout first obtatntng any necessary permtts from the
approprtate federal, state and local agenctes
No excavatton of the borrow ptt shall commence unttl such ttme
that a stte plan and excavatton permit have been revtewed and
approved by the Development Servtces Center
Any approved stte plan, issued by the Development Servtces
Center, shall tnclude a spectfic street and htghway conttngency
plan that addresses the repatr and replacement of any damaged
roadway surfaces assoctated wtth the borrow ptt operatton
Prtor to commencement of excavatton acttvtty, "Constructton
Entrance Ahead" stgns must be placed on Prtncess Anne Road
1000 feet from the entrance tn both dtrecttons and "Trucks
Entertng Htghway" stgns must be placed 500 feet from the
entrance tn both dtrecttons
8 The excavatton area and the access roads on stte wtll be
operated and matntatned tn a dust free manner
Undratned pockets and stagnant pools resulting from surface
dratnage shall be sprayed tn accordance wtth reqmrements of
the State Board of Health to ehmmate breedmg places for
mosqmtoes and other tnsects
10 Once excavatton ts complete, the excavated area shall be used
and matntatned as an trrtgatton pond
Aprt124, 2001
- 43 -
Item VI-J. 6.
PLANNING
ITEM # 480 76 (Continued)
Thts Ordinance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Ordtnance
Adopted by the Counctl oft he Ctty of Vtrgtnta Beach, Vtrgtnta, on the Twent_¥-fourth Of Aprtl,
Thousand One
Two
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, dr,
Barbara M Henley, Louts R done& Reba S McClanan, Robert C
Man&go, ,Ir, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, ,Ir and Rosemary Wtlson
Counctl Members Vottng Nay
None
Councd Members Absent
None
Aprtl 24, 2001
Item VI-J. 7.
- 44 -
PLANNING
ITEM # 48077
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Councd ADOPTED an
Ordtnance upon apphcatton of SAM'S REAL ESTATE BUSINESS TRUST for a Con&ttonal Use Permtt
ORDINANCE UPON APPLICATION OF SAM'S REAL ESTATE
BUSINESS TRUST FOR A CONDITIONAL USE PERMIT FOR AN
AUTOMOBILE SER VICE ESTABLISHMENT R04013046
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of Sam's Real Estate Bustness Trust for
a Condtttonal Use Permttfor an automobtle servtce estabhshment on
certain property located on the south stde of Vtrgtnta Beach
Boulevard, 3 70feet west of North Plaza Tratl (GPIN #1487-84-3 745,
#1487-84-5434, #1487-84-0499) Satd parcel contatns 11 64 acres
more or less ROSE HALL - DISTRICT 3
The followtng conchttons shah be requtred
1 No outside &splay or storage of tires or battertes ss permttted
2 No repatr of vehicles, or tnstallatton of ttres or battertes ts
permttted outside of the building
3 The landscaptng along South Plaza Tratl shall be matntatned so
as to adequately screen the ttre~atteryfacthtyfrom the adjacent
pubhc rtght-of-way
Thts Or&nance shall be effecttve tn accordance wtth Sectton 107 (J) of the Zontng Or&nance
Adopted by the Counctl of the City of Vtrgtnta Beach, Virginia, on the Twent_¥-_fourth o_f Aprtl,
Thousand One
Two
Vottng 11-0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
April 24, 2001
- 45 -
Item VI-K.I.
APPOINTMENTS
ITEM # 480 78
B Y CONSENSUS, Ctty Council RESCHEDULED thefollowtng APPOINTMENTS
BEACHES AND WA TER WA YS COMMISSION
FRANCIS LAND HOUSE BOARD OF GOVERNORS
PLANNING COMMISSION
Aprt124, 2001
- 46-
Item VI-K.2.
APPOINTMENTS
ITEM # 48079
Upon NOMINATION by Vtce Mayor Sessoms, Ctty Counctl APPOINTED:
Susie D. Whitehurst
Unexpired term thru 12/31/002
COMMUNITY SER VICES BOARD (CSB)
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Votmg Nay
None
Counctl Members Absent
None
Aprtl 24, 2001
-47-
Item VI-K.$.
APPOINTMENTS
ITEM # 48080
BY CONSENSUS, Ctty Counctl
Confirmed the representative of Virginia Beach Foundation
(Margaret B Stmktns) as appotnted by the Foundatton to serve on the
Review and Allocation Committee (COIG).
Aprt124, 2001
- 48-
Item VI-M. 1.
NE W BUSINESS
ITEM # 48081
BY CONSENSUS, City Council
ACCEPTED FOR CLERK'S RECORDATION the ABSTRACT OF
LEGAL CIVIL CASES - Resolved by the Ctty Attorney - March 2001
Aprt124, 2001
Item VI-M. 2.
- 49-
NE W BUSINESS
ITEM # 48O82
Upon motton by Vtce Mayor Sessoms, seconded by Council Lady Parker, Ctty Counctl ADDED and
ADOPTED
Ordinance to AMEND the Ctty Code to ADD 3~18- 64 1 and 3~18-104 2
re health permits and business licenses for Body Piercing/Tattooing.
Vottng I 1-0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wtlliam D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprt124, 2001
AN ORDINANCE TO AMEND THE CITY CODE PERTAINING
TO BUSINESS LICENSES BY ESTABLISHING
CLASSIFICATIONS FOR BODY PIERCING AND TATTOO
BUSINESSES AND REQUIRING SUCH BUSINESSES TO
OBTAIN HEALTH DEPARTMENT PERMITS
SECTIONS ADDED: 18-64.1 AND 18-104.2
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 18-64.1 and 18-104.2 of the City Code are hereby
10 added to read as follows:
11 Sec. 18-64.1. Body piercing establishments.
12
(a) The license tax rate for every person engaged in the
13 business of operating a body piercing establishment shall be 0.36
14 percent of the gross receipts in such business during the preceding
15 calendar year.
16
(b) For the purposes of this section, "body piercinq" and
17 "body piercing establishment" shall have the definitions provided
18 by section 23-53.1 of this Code.
19
(c) No license for a body piercing establishment shall be
20 issued or renewed under this chapter unless or until there is
21 presented to the commissioner of the revenue a current permit from
22 the department of public health for the operation of such business.
23 The failure of any person to obtain or maintain this permit shall
24 constitute grounds for suspension of the license in the manner
25 provided by section 18-5.1 of this chapter.
26
(d) This section shall not apply to body piercing performed
27 by medical doctors, registered nurses or other medical service
28 personnel licensed pursuant to Title 54.1 of the Code of Virginia
29 as part of their professional duties; provided, however, that gross
30 receipts from body piercing activities performed by doctors, nurses
31 or other medical service personnel as part of their professional
32 duties remain taxable under this chapter in the same manner as
33 other services provided by such persons.
34 Sec. 18-104.2. Tattoo parlors.
35
(a) The license tax rate for every person engaged in a tattoo
36
parlor business shall be 0.36 percent of the gross receipts in such
37 business during the preceding calendar year.
38
(b) For the purposes of this section, "tattoo" and "tattoo
39 parlor" shall have the definitions provided by section 23-51 of
40 this Code.
41
42
43
(c) No license for a tattoo parlor business shall be issued
or renewed under this chapter unless or until there is presented to
the commissioner of the revenue a current permit from the
44
45
46
department of p~hlic health for the operation of such business.
The failure of any person to obtain or maintain this permit shall
constitute grounds for suspension of the license in the manner
47
48
49
50
51
52
53
provided for by section 18-5.1 of this chapter.
(d) This section shall not apply to tattoos applied by
medical doctors, veterinarians, registered nurses or other medical
service personnel licensed pursuant to Title 54.1 of the Code of
Virginia as part of their professional duties; provided, however,
that qross receipts from tattoos applied by doctors, veterinarians,
nurses or other medical personnel as part of their professional
54 duties remain taxable under this chapter in the same manner as
55 other services provided by such persons.
56
57
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 24TM Day of April, 2001.
58
59
60
61
62
CA-8072
DATA/ODIN/PROPOSED/18-064etalord. wpd
R-3
April 24, 2001
Item VI-M.2.
- 50-
NE W BUSINESS
ITEM # 48083
Upon motton by Counctlman Branch, seconded by Vtce Mayor Sessoms, Ctty Counctl instructed the Ctty
Clerk to
ADVERTISE AND SCHEDULE FOR 6 O0 PM, May 22, 2001
RECONSIDERATION OF ORDINANCES (Dented 3/27/01) UPON
APPLICATION OF BILL Y II/. CHAPLAIN FOR A CONDITIONAL
CHANGE OF ZONING FROM A-12 AND RT-3 TO CONDITIONAL B-2,
AND,
A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD
(DENIED 3/27/01) DISTRICT 6- BEACH
Vottng 11-0
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vice
Mayor Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
Aprtl 24, 2001
- 51 -
Item VI-N. 1.
AD JO URNMENT
ITEM #48084
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 10:02 P.M.
Beverl~-~ Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
Aprd 24, 2001