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HomeMy WebLinkAboutDECEMBER 12, 1995 MINUTESCity o Via-bli _- ia 13eacl-:t "WORLD'S LARGEST RESORT CITY" CITY COUNCIL MAYOR MEYERA E OBERNDORF, At L~rge VICE MAYOR WILLIAM D SESSOMS, JR, At Large JOHN A BAUM, Black~ater Borough LINWOOD 0 BRANCH III, Vtrgmta ~each Borough ROBERT K DEAN I:~ncess Anne Btrtough W W HARRISON, JR, Lj~nhauen Borough HAROLD HEISCHOBER At-Large BARBARA M ItENLEY, Pungo Borough LOUIS R JONES, Bavslde Bon,ugh NANCY K PARKER At Large LOUISA M STRAYHORN, Kempnnlle Borough JAMES K SPORE Ctty Manager LESLIE L LILLEY C~ty Attorney RUTH HODGES SMITH, CMC / AAE, C,ty Clerk CITY COUNCIL AGENDA 281 CITY ttALI BUILDING MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA 23456 9005 (804~ 427 4303 December 12, 1995 I. CITY COUNCIL WORKSHOP - Conference Room - 9:00 AN ae Condemnation for Economic Development Leslie L. Lilley, City Attorney II. CITY MANAGER'S BRIEFINGS - Conference Room - 10:30 AN ae Be COMPREHENSIVE ANNUAL FINANCIAL REPORT Patricta A. Phillips, Director, Finance PORTION OF LANDSTOWN ROAD TO DAM NECK ROAD - PROPOSED NAME CHANGE Robert J. Scott, Director, Planning VIRGINIA BEACH DEVELOPMENT AUTHORITY RESTRUCTURING OF DEBT Patricta A. Phillips, Director, Finance III. AGENDA REVIEW SESSION ae Be REVIEW OF AGENDA ITEMS CITY COUNCIL CONCERNS IV. INFORMAL SESSION - Conference Room - 12:30 PM ae Be Ce CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CITY COUNCIL RECESS TO EXECUTIVE SESSION V. FORMAL SESSION - Council Chamber - 2:00 PM ae S~ CALL TO ORDER - Mayor Meyera E. Oberndorf INVOCATION: The Reverend Robert Pittman Holland Road Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF EXECUTIVE SESSION F. MINUTES 1. INFORMAL & FORMAL SESSIONS December 5, 1995 G. ADOPT AGENDA FOR FORMAL SESSION H. CONSENT AGENDA The Con.vent Agenda will be determined during the Agenda Review Session and considered in the ordinary course of business by City Council to be enacted by one motion. I. MAYOR'S PRESENTATION I · COMMONWEALTH MUSICAL STAGE, INC. Jeff Meredith, Executive Director J. PUBLIC HEARING 1. FY 1995-1996 OPERATING BUDGET PROPOSED INCREASES K. ORDINANCES I · Ordinance to APPROPRIATE $8,786,732 for Fiscal Year 1995-1996 re payment of purchase orders brought forward from FY 1994- 1995. · Ordinance to ACCEPT and APPROPRIATE $396,240 in Federal Funding, $413,415 in State Funding and $25,130 in Fee Revenue (total: $834,785) for Community Services Board Programs (Department of Mental Health-Mental Retardation-Substance Abuse); TRANSFER $275,743 in appropriations within the Department's FY 1995-1996 Operating Budget; and, create ten (10) full-time permanent and one-point-five (1.5) temporary positions· Ordinance to TRANSFER $45,826 from the Virginia Beach Health Department's FY 1995-1996 Operating Budget to the Beach Health Clinic re City support for prescription purchases by medically indigent local residents. · Ordinance to declare approximately 0.37 acre of City-owned property ad3acent to 5521Whtrlaway Drive (Carolanne Farms) as EXCESS PROPERTY in the petition of Robert L. and Emma Virginia Baxter; and, authorize the City Manager to convey the parcel (KEMPSVILLE BOROUGH). L. RESOLUTIONS i · · · 0 Resolution to oppose the issuance of a license by the Alcoholic Beverage Control Boar4 re sale of alcoholic beverages at "drive-through" windows by a proposed establishment in the Resort Area of the City. (Sponsored by Mayor Meyera E. Oberndorf) Resolution to endorse the Virginia Beach Cooperative Extension; and, maintain the State's financial support at current levels during FY 1995-1996· (Sponsored by Councilman John A. Baum) Resolution re HJR 656 to support a dedicated funding source re public transportation in the Hampton Roads Region· (Sponsored by Council Lady Barbara M. Henley) Resolution to approve the City's Biennial Plan re use of State Block Grant Funds under the Virginia Juvenile Community Crime Control Act (effective 1 January 1996); authorize the City Manager to execute the Plan and all other documents necessary to receive Grant funding; and, commit to fund the Plan in FY 1995-1996 at the same level at which funding was provided for Block Grant Services and Programs in FY 1994-1995. M. PUBLIC HEARING - PLANNING 3:00 PM PLANNING BY CONSENT - To ~ determined during the Agenda Review Session. i · Ordinance in the petition of EASTMAN ENTERPRISES, INC. for the discontinuance~ closure and abandonment of a portion of Dam Neck Road located at the Southwest intersection of Dam Neck Road and London Bridge Road, containing 27,799 square feet (PRINCESS ANNE BOROUGH). Deferred for Compliance: Additional 180 Days: Additional 180 Days: 14 June 1994 13 January 1995 13 June 1995 Recommendation: FINAL APPROVAL · Ordinance in the petition of BECO CONSTRUCTION, INC., for the discontinuance~ closure ~nd abandonme~% of a portion of excess right-of-way as shown on the plat entitled "Excess Right-Of- Way Adjacent to Little Neck Road to be Closed for Beco Construction" on file in the Planning Department, containing 1859 square feet (LYNNHAVEN BOROUGH). Deferred for Compliance: 5 December 1995 Recommendation: FINAL APPROVAL · Petition of HANNAFORD BROTHERS COMPANY for the discontinuance~ closure and abandonment of a portion of Republic Road (Bonney Parkway) beginning at a point 950 feet more or less West of First Colonial Road and running Westerly and Southerly to the Northern property line of Laskin Road (Sixty (60) feet in width) (LYNNHAVEN BOROUGH). Recommendation: APPROVAL Application of P. C. S. PRIMECO, L.P. for a Conditional Use ~ for a 120-foot communications tower on the Northwest side of Central Drive, Southwest of Patent Drive (553 Central Drive), containing 4.482 acres (LYNNHAVEN BOROUGH). Recommendation: APPROVAL · Application of GREENWICH SUPPLY CORPORATION, a Virginia Corporation, for a Conditional Change of Zoning District Classification from I-1 Light Industrial District to I-2 Heavy_ Industrial District on the North side of Arrowhead Drive, West of Princess Anne Road (5780, 5784, 5788 and 5792 Arrowhead Drive, containing 4.002 acres (KEMPSVILLE BOROUGH)· Recommendation: APPROVAL · Applications of EDWARD B. AND JEAN M. SNYDER, TRUSTEE, SNYDER FAMILY TRUST, CHECKERED FLAG MOTOR COMPANY, INC. on the South side of Virginia Beach Boulevard beginning at a point 265 feet East of Fair Meadows Road, containing 3.29 acres (BAYSIDE BOROUGH): Chanae of Zonina District Classification from R-7.5 Residential District to B-2 Com~unity Business District Conditional Use Permit for ~otor vehicle sales Recommendation: APPROVAL N. APPOINTMENTS AGRICULTURAL ADVISORY COMMISSION CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD PLANNING COMMISSION O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) 12/07/95/CMD AGENDA\12-12-95 . PLN MINUTES VIRGINIA BEACH CITY COUNCIL VirgInia Beach, Virginia December 12, 1995 Councilman Baum called to order the WORKSHOP of the VIRGINIA BEACH CITY COUNCIL re CONDEMNATION FOR ECONOMIC DEVELOPMENT in the Council Conference Room, City Hall Building, on Tuesday, December 12, 1995, at 9:00 A.M, Council Members Present: John A. Baum, Robert K. Dean, Harold Heischober, Barbara M. Henley, Louis R. Jones, Nancy K. Parker and Louisa M. Strayhorn Council Members Absent: Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. Linwood O. Branch, III [ENTERED: 9:30 A.M.] [ENTERED: 10:27 A.M.] [ENTERED: 10:00 A.M.] William W. Harrison, Jr. [ENTERED' 10:55 A.M.] CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT 11:00 A.M. ITEM # 40138 Patricia Phillips, Director of Finance, advised the firm of KPMG Peat Marwick (AudiWr) completed the audit of the City's financial records for the year ending June 30, 1995. Once again, the auditors have given the City an unqualified opinion (clean opinion) on its financial presentation and record keeping. In general the comments received from the auditor were favorable. With the completion of the audig it is now time to present the City's Comprehensive Annual Financial Report (CAFR) to City Council As required by Sections 15.1-163 and 15.1-167 of the Code of Virginia, the City must present the results for the year ending June 30, 1995 by December 31, 1995. City Council might focus on Exhibit A's (.4-1 thru A-8). These are the combined financial statements for the Ctty (Balance Sheets, Changes, Cash Flows). Everything behind those footnotes are individual tables, schedules and statements that tie into the Exhibit A's in the front of the document ~4LL GOVERNMENT FUNDS AND ACCOUNT GROUPS Government Proprietary Fiduciary Fund Types Fund Types Fund Type Account Groups General Fund Special Revenue Funds: (31) Debt Service Fund Capital Projects Funds Enterprise Funds' (7) Internal Service Funds: (11) Trust and Agency Funds: Expendable Trust Funds: (15) Agency Funds: (7) General Fixed Assets General Long Term Debt COMBINED BALANCE SHEET -ALL FUND TYPES AND ACCOUNT GROUPS June 30, 1995 ASSETS Cash and Investments Receivables (net of allowance for uncollectables) Due from Other Funds & 1995 $ 403,804,860 52,007,986 25,415,691 1994 $ 404,366,162 47,807,127 22,428,472 Governmen ts Inventories 30, 796, 899 31, O11, 469 Other 24,877, 453 22,971,176 Fixed Assets (7 Construction 1,660,964,357 1,538,298,127 in progress) Amount to be Provided for Retirement of General Long - Term Debt TOTAL ASSETS 50Z210,879 $2.705.078.125 $ 824,645,175 1.880. 432. 950 $2..705;078,125 ~ILITIES AND EQUITY Total Liabilities (Including Bonded debt) Total Equity and Other Credits TOTAL LIABILITIES, EQUITY AND OTHER CREDITS 508.976.528 $2,575,859,061 $ 795,823,517 1.780,055,544 $2.5 75. 859. 061 , , , -3- CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT ITEM # 40138 (Continued) GENERAL GOVERNMENT REVENUES BY SOURCE AS A PERCENTAGE OF THE TOTAL 1986 1987 1988 1989 1990 1991 1992 1993 1994 1994 LOCAL STATE FEDERAL TOTAL 61.1% 60.4 60.8 61.5 61.0 59.6 62.1 58.8 60.4 59.9 34.5% 4.4% 100.0 34.7 4.9 100.0 34.0 5.2 100.0 33.7 4.8 100.0 34.1 4.9 100.0 34.8 5.6 100.0 33.1 4.8 100.0 35.6 5.6 100.0 34.3 5.3 100.0 35.1 5.0 100.0 SUMMARY OF EXPENDITURES ,4LL GOVERNMENTAL AND PROP~ETARY FUNDS FOR THE YEAR ENDED JUNE 30, 1995 ii iiii ii i ii ii iii i FUND TYPE i u TOTAL EXPENDITURES ALL GOVERNMENTAL FUNDS $ 757,552, 796 ALL ENTERPRISE FUNDS 118, 772, 448 LESS: ALL INTERNAL SERVICE FUNDS TOTAL EXPENDITURES (28.339.897) $ 84Z985.347 The General Government Expenditures by Function Chart illustrates where the City's resources have been expended. 53.1% of the $676-MILLION expended, $358-MILLION were for school purposes, which does include the $12.1-MILLION deficit. Of the approximate $36-MILLION increase in expenditures from 1994, $19-MILLION was expended for schools. GENERAL GOVERNMENT EXPENDITURES BUDGET AND TOTAL BUDGET ACTUAL VARIANCE FA VORABLE (UNFAVORABLE) 1986 $ 359,829,441 $ 335,369,651 $ 24,459,880 1987 39 7, 835, 922 3 75,181, 713 22, 654, 209 1988 443,399,260 424, 404,800 18,994, 460 1989 483,390,146 464,878,955 18,51L 191 1990 536, 793,249 516,396,082 20,397,167 1991 585,321,877 554,537,585 30, 784,292 1992 600, 593, 89 7 564, 384, 320 36, 209, 5 77 1993 636,198, 985 612, 692, 489 23, 506, 496 1994 659,865,636 640,320,929 19,544, 707 1995 694, 790,660 676,267,936 18,522, 724 December 12, 1995 -4- CITY MANAGER'S BRIEFING COMPREHENSIVE ANNUAL FINANCIAL REPORT ITEM # 40138 (Continued) SUMMARY OF CHANGES IN UNDESIGNATED GENERAL FUND BALANCE (IN MILLIONS) Undesignated Fund Balance at June $ 62.6 30, 1994 Revenues $ 452.0 Expenditures: Current $195.3 Transfers Out-net 243.2 (438.5) 13.5 (Increase) Decrease in Reserves: Encumbrances $ 0.9 Capital Projects (City and Schools) (12.5) Schools (12.2) Other 0.5 (23.8) Undesignated Fund Balance at June $ 52.8 30, 1995 Mrs. Phillips advises the $52.8 does not reflect the amount paid since that time for Gainslmring, approximately $920,000. Once the expenditure for Gainsharing is reflecte& the Reserve Policy is around 80% or $51.9-MILLION. SUMMARY OF SCHOOL OPERATING REVENUES AND EXPENDITURES FOR THE YEAR ENDING JUNE 30, 1995 REVENUES LOCAL $ 1,965,150 $ 2,220,120 $ 254,970 FROM COMMONWEALTH 192,033, 417 190,909,009 (1,124,408) FROM FEDERAL GOVERNMENT 15.566.593 10. 715.994 (4.850.599) · TOTAL REVENUES $209.565.160 $ 203.845.123 $ (5. 720.037) · EXPENDITURES $342.991.245 $ 347,446.575 $ (4.455.330) · OPERATING TRANSFERS OPERATING TRANSFERS OUT $ (1,300,000) $ (3,182,687) $ (1,882,687) OPERATING TRANSFERS FROM 134.459.045 134.459.045 PRIMARY GOVERNMENT NET OPERATING TRANSFERS $133.159.045 $131.276.358 $ (1,882.687} EXCESS OF REVENUES (UNDER) $ (267,040) $ (12,325,094) $ (12,058,054) EXPENDITURES AND NET TRANSFERS FUND BALANCE - JULY 1 266994 266994 FUND BALANCE - JUNE 30 $ (46) $ (12.058.100) $ (12.058.054) , ~ December 12, 1995 -5- CITY MANAGER'S BRIEFING COMPREHENSIVE ANNU,~ FINANCIAL REPORT ITEM # 40138 (Continued) Relative the Chart depicting School Funds for Fiscal Year ended June 30, 1995, this illustrated all of the School funds: Operating, Grants, Athletic Special Revenue, Capital Projects, Cafeterias Enterprise, Textbook, Landscaping, Reprographics, Self-Insurance Trust, Site Acquisition and Wellness Program. Said chart is hereby made a part of the record. Landscaping, as it has been consolidated, can be eliminated. Reprographics can again be considered for consolidation. Approximately $420-MILLION is expended through the School System. SCHEDULE OF GENERAL FIXED ASSETS FOR THE YEARS ENDING JUNE 30, 1995 AND JUNE 30, 1994 ,i , Land $ 28,375,377 $ 27,831,798 Buildings 399, 422,168 380, 788,998 Improvements other than Buildings 29, 316, 961 2 7, 861.569 Highway Improvements 201, 646,102 163, 026, 52 7 Equipment 151,567, 805 142, 696,240 Assets Under Capital Leases 1,618,341 1,618,341 Construction in Progress 434. 342. 200 411.832. 871 $1.246288.954 TOTAL GENERAL FIXED ASSETS $1.155.646.344 Relative the Water and Sewer Enterprise Fund, Retained Earnings increased almost $13-MILLION for a total Retained Earnings - June 30 of $151-MILLION. In this particular fund, approximately $100- MILLION is in cash. The SI-MILLION per month received from the City of Norfolk for a water overpayment will be reflected in Fiscal Year 1996-1997. It will be an offset to expenses under the Contract. The Storm Water Utility had an increase in Retained Earnings by approximately $7-MILLION with a total in Retained Earnings - June 30 of $8,666,548. This fund, like the textbook fund, is not cash available for reappropriation. The Tourism Growth Investment Special Revenue Fund had an increase in the fund balance of approximately SI-MILLION for a total Fund Balance - June 30 of $2,243,357. Many of these funds have been utilized for the 1995-96 Operating Budget. Outstanding Debt as of June 30, 1995 General Government 44.9% Schools 33.2% Water and Sewer 15. 7% Other Long- Term Obligations 6.2% Charts were presented depicting: General Property Tax Revenue Business License Revenue General Sales Tax Revenue Hotel Room & Meal Tax Revenue Restaurant Meal Tax Revenue December 12, 1995 -6- CITY MANAGER'S BRIEFING VIRGINIA BEACH DEVELOPMENT ,4 UTHORITY RESTRUCTURING OF DEBT 12:10 P.M. ITEM ti 40139 Vice Mayor Sessoms advised Kenneth Palmer, Chairman - Virginia Beach Development Authority contacted the Vice Mayor advising the Development Authority is selling land at Oceana West Business Park. The VBD,4 currently has two major outstanding financial obligations which include a bank loan with a balance of $7,780,123 secured by Corporate Landing Office Park and loans from the City of Virginia Beach totaling $7,561,468. Sales at Oceana will be approaching $2-MILLION shortly. It appears more sensible to repay bank debt versus City debt at this particular time. Vice Mayor Sessoms requested a Resolution be formulated that land sales would be utilized to pay bank debt first and then the City's debt. Amendments to the proffers in the retail portion of Corporate Landing Office Park are SCHEDULED for the Planning Commission Meeting of January 10, 1996. BY CONSENSUS, City Council concurred the sales from Oceana wtll be utilized to pay the bank debt of the Virginia Beach Development Authority. The Ordinance to approve restructuring of the balance of the loans and accrued interest to the Virginia Beach Development `4uthority; and, authorize the City Manager to execute the necessary documents will be SCHEDULED for the City Council Session of December 19, 1995. December 12, 1995 -7- CITY MANAGER'S BRIEFING PORTION OF LANDSTOWN ROAD TO DAM NECK ROAD - PROPOSED NAME CHANGE 12:23 P.M. ITEM # 40140 Robert Scott, Director of Planning, referenced the plans to build a major arterial across the City from east to west. Utilizing a map, he advised the "red" portion has already been constructed (Dam Neck Road). This road connects into a section of street called North Landstown Road (Green Section). From there the road will link into Phase 2 (depicted in blue), part of which is not constructed and part of which is a two-lane section of Elbow Road. The Staff believed this entire arterial shouM have one name "Dam Neck Road". Approximately two years ago, when the North Landstown Road (Green Section) was constructed, businesses and residents were opposed to a name change. Based on their opposition, the City said they wouM not change the name now, but reconsider at a later time. In view of the amphitheater's impending opening, there is a need for the major arterial to have one name. The City staff is therefore suggesting this street be changed from North Landstown Road to Dam Neck Road as Phase I. The City proposes to make this effective February 1, 1996. The City Code gives the Planning Director the authority to make a name change. December 12, 1995 -8- CITY MANAGER'S BRIEFING SOCIAL SERVICES BUILDING 12:44 P.M. ITEM # 40141 David Grochma~ Director of General Services, advised the Old Parameters Driving Process, which led to the Runnymede recommendation. Old building not worth renovating ($4.2-Million) and a new building would be needed~ Existing site is valuable for commercial developmeng and desire exists to place this and other City property on the tax rolls. Existing site is too small for combined Social Services and Health Departments. Desire to avoid using City debt. Quicker reimbursement from federal government, if the City leased rather than owned. Greater possibility of state reimbursement for Social Services if the City leased rather than owned; therefore, City need not own. Developers can design and build faster and cheaper than the City. Other existing buildings were not available or suitable. SITE REQUIREMENTS AND EVALUATION C~TERIA Adequate size Central location Proper zoning All utilities available Located on a bus line Acceptable traffic access Compatible with surrounding development Net budget impact to City over a 20-year period only. The City Council also considered the South Independence Boulevard site under a similar lease arrangement and this was rejected. Hence, on October 17, 1995, the City returned to the Runnymede proposal and location. Since October Seventeenth, additional factors have occurred. CHANGING CIRCUMSTANCES AND PARAMETERS Community resistance to new sites Issue of ownership versus leasing. Desire of Health Department to consolidate all functions into 30,000 square feet. The RFI included only 18,000 square feet to replace the space used in existing Human Services building. Uncertain future of Health Department funding and services given possible changes at the State level. Greater uncertainty regarding level of reimbursement from federal and state governments given possible changes in social services programs. December 12, 1995 -9- CITY MANAGER'S BRIEFING SOCIAL SERVICES BUILDING ITEM # 40141 (Continued) POSSIBLE NEW PARAMETERS City should own the building and land. Old building is not worth renovating. Other existing buildings are not available or suitable. Use the existing site rather than acquire a new site. Occupy the current building during construction, and the City could provide off-site parking and shuttle service. Design and build a class "B" 75,000 square foot_office building for Social Services. Of the 75,000 square f~o~, 10% of the space would be shell space for future expansion. Reimbursement more uncertain due to federal and state budget and program changes. Use City debt if lower long-term cost/budget impact results. Given the best available information, preliminary analysis in&'cates the net cost to the City would be at least SI- MILLION less for a City-constructed 75,000 square foot building financed with Charter bonds (at 6%) compared with a 20-year lease with option to buy from Runnymede. VARIOUS NEW OPTIONS City hires an architectural and engineering firm to design a class "B" 75,000 square foot ofice building for Social Services 1. City establishes a CIP project in FY 96-97 for a replacement Social Services Building to be financed with: (a) Charter Bonds and/or current revenues, or (b) Lease/revenue bonds (Certificates of Participation). 2. The City designs the building which would allow for a lease- purchase bid with the private sector best bid constructing the building. The Industrial Development Authority designs and constructs a building for Social Services, and leases to the City for the equivalent of debt service until the debt is retired. Mr. Grochmal advised the detailed analysis of the Total Budget Impact with cost assumptions of the Various Options will be presented in the Executive Session. Runnymede is willing to negotiate a straight out lease or a lease with option to buy. John Herzke, City Engineer, advised relative the land use for the remaining property along Sentara Way, a traffic signal is going to be required no matter what is developed. Based on the zoning, the land when developed will generate the need for a signal. The Social Services project wouM generate less traffic than the maximum amount allowed by the zoning. The congestion levels experienced on Rosemont Road will not be further exasperated by traffic to the Social Services Building, as it would be of a moderate nature. The spacing of the signals on Rosemont Road is such that this traffic signal would fall at relative midpoint between the off-ramp to Route 44 and South Plaza Trail. Coordination of traffic signals is best optimized when you have equal spacing. December 12, 1995 - 10 - CITY MANAGER'S BRIEFING SOCIAL SERVICES BUILDING ITEM # 40141 (Continued) Mr. Grochmal distributed a copy of the overheads and the correspondence from the Health Services Advisory Board citing advantages to citizens in having the Departments of Social Services and Health co-located in a single site that is recognized as the City's Human Services Center and having the Health Department's clinical services located in a facility designed for that purpose. Said material is hereby made a part of the record. December 12, 1995 - 11 - ITEM # 4O109 Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 12, 1995, at 1:23 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None December 12, 1995 - 12 - ITEM # 40142 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignmeng appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Agriculture Advisory Commission Chesapeake Bay Preservation Area Board Community Services Board Planning Commission LEGAL MATTERS: Consultation with legal counsel or briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requesting the provision of legal advice by counsel pursuant to Section 2.1-344(A)(7). Lake Gaston Water Supply Project PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-heM property, or of plans for the future of an institution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(3)(3). Social Services Building Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council voted to proceed into EXECUTIVE SESSION. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, Ill, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 12, 1995 - 13 - FORMAL SESION VIRGINIA BEACH CITY COUNCIL December 12, 1995 2:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 12, 1995, at 2:00 P.M. Council Members Present: John ,4. Baum, Linwood O. Branch, III, Robert I~ Dean, William IV.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Absent: None INVOCATION: Reverend Robert Pittman Holland Road Baptist Church PLEDGE OF ,4LLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank. The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of January 10, 1995, is hereby made a part of the record. December 12, 1995 - 14 - CERTIFICATION OF EXECUTIVE SESSION ITEM # 40145 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Mayor Meyera E. Oberndoff, Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louis iZ Jones and Louisa M. Strayhorn December 12, 1995 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40142, Page No. 12 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public busines;~ matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges Smith, CMC/AAE City Clerk December 12, 1995 - 15 - Item IV-F. 1. MINUTES ITEM # 4O144 Upon motion by Vice Mayor Sessorns, seconded by Council Lady Parker, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of December 5, 1995. Voting: 10-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr, and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Abstaining: Louis R~ Jones Council Members Absent: None Councilman Jones ABST,41NED as he was not irt attendance during the City Council Session of December 5, 1995. December 12, 1995 - 16 - Item IV-G. ADOPT AGENDA FOR FORMAL SESSION ITEM # 4O145 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 12, 1995 -17- Item IV-L 1. MA YOR 'S PRESENTATION ITEM # 40146 Upon motion by I/ice Mayor Sessoms, seconded by Councilman Baum, City Council ADOPTED Resolution recognizing the Commonwealth Musical Stage, Inc., on their Fifth successful season in Virginia Beach. Jeff Meredith, Executive Director, ACCEt~ED the Resolution. The Commonwealth Musical Stage, Inc. is a not-for-profit performing arts organization provi&ng quality performance in the City, allowing its citizens the opportunity to enjoy the best of Broadway on stage in their own community. This Resolution designated the Commonwealth Musical Stage as the "Official Musical Theater of the City." Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy ~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn December 12, 1995 ~his wear marks the FtEth successEu! seasan aE the C~n~ealth musical ~taGz, Inc., a nat-Ear- ~roEtt ~erEar~in~ arts ar~ant~ation ~rovi~tn~ quality ~er~armances in the ~ttM ~E ~ir~tnta area; As a ~mber uE the National £eague nE t'ruEessinnal musical [heatre ~ruducers, the Cmmunmealth musical ~tagz ts the unl~ full~ ~ruEessianal ar~s ur{antiatian in the ~t~ mtth af~ilia~iuns to [he ~tt~ uE ~irginia Beach is pruud to be hame tu the fuurth largest perfurming arts ur~ant~attun in the regina and, thereE~re, mishes tn designate ~he Cammnmealth musical ~tage as th~ "~EEictal ~usical [bemire uE ~he ~it~ uf ~irginia Beach". ant appreciatiun tu the ~nmealth ~ustcal Stage, cammending its members Ear their deticatiun, tnitia~iue and creattuitM in pruutting uutstanting cu~unitM theatre entertainment fur aur ¢it~ an~ the region. Giuen un,er our hands and seals this [melEth daw nE December, Mineteen Hundred and NinetM-~iue: 3nlm A. Bane £in~nn& ~. Branch, Rnbert K. Dean m. m. Harrisnn, 3r. Harnld Heischnber Barbara L Henle~ £nuis R. 3nnes Ranc~ K. ~arker £uuisa m. ~traMhnrn ~gera £. eberniurE major milltam D. ~essams, ~tce ~a~nr - 18 - Item 1V-J. 1. ITEM # 40147 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 1995-1996 OPERATING BUDGET PROPOSED INCREASES There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. December 12, 1995 - 19 - Item IV-K. CONSENT AGENDA ITEM # 40148 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one motion Ordinances L 2 and 3 of the CONSENT AGENDA. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis 1~ Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn December 12, 1995 - 20 - Item IV-ICl. CONSENT AGENDA ITEM It 40149 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to APPROPRIATE $8,786, 732 for Fiscal Year 1995-1996 re payment of purchase orders brought forward from FY 1994-1995. 10-0 (By ConsenO Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy K. Parker and Vice Mayor William D. Sessoms, Jr. Council Members Yoting Nay: None Council Members Absent: Louisa M. Strayhorn December 12, 1995 AN ORDINANCE TO APPROPRIATE $8,786,732 FOR FISCAL YFa~ 1996 FOR THE PAYMENT OF PURCHASE ORDERS BROUGHT FORWARD FROM FISCAL YEAR 1995 WHEREAS, during the course of business in fiscal year 1995, purchase orders or contracts were issued committing the City to purchase materials, supplies, equipment or services 10 11 for use by several departments, divisions or bureaus, and WHEREAS, these purchase orders or contracts were charged to appropriations previously authorized for the fiscal year ended June 30, 1995 so as to reduce the unencumbered balance of those appropriations, and WHEREAS, on June 30, 1995, there were purchase orders or contracts totalling 12 $8,786,732 for which materials, supplies, equipment or services had not been delivered or 13 invoiced. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA, that the funds totalling $8,786,732 for purchase orders or 16 contracts outstanding on June 30, 1995, be appropriated to fiscal 1996 operating budgets for the 17 respective departments of the City so that upon delivery of the materials, supplies, equipment or 18 services there shall be sufficient funds to make payments. 19 BE, IT FURTHER ORDAINED that the appropriations be offset from funds in the 20 following respective fund balances: 21 22 23 24 25 26 27 28 29 30 31 32 Genexal Water & Sewer Storm Water Utility School Operating Forfeited Asset Sharing SheriWs Dept. Golf Co~rses Pa~4 & Recreation MH/MR/SA Federal Pollee Grant Comm~i~ Cm~ections EMS Two, For-Life $4,a36,840 E-9 t 1 Communications $96,026 10, I80 School Cafeterias 22,098 1,20&928 F~ds ~d H~se 9,845 0g,723 Imate Teleph~e 13,730 99,867 Law ~br~ 1 94,194 A~e~ ~annel Su~o~ 1,05t 17,091 ~H go~d of G~emors 8,07~ 34,063 Marine Sden~ M~eum 105,959 ~9,39 ~ Emegen~- FE~ 80,024 76, 107 Par~g 2,251 1,769 58,969 TOT~ 33 This ordinance shall be in effect from the date of its adoption. 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 35 36 12thday of December , 1995. APPROVED AS TO CONTENT F\USERS~PLEIEUNEWO~OUTPO 0~~~ Waiter C ~er, Jr Dept of Managf~nent and Budget APPROVED AS TO LEGAL SUFFICIENCY - 21 - Item IV-K.2. CONSENT AGENDA ITEM # 4O150 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $396,240 in Federal Funding, $413,415 in State Funding and $25,130 in Fee Revenue (total: $834,785) for Community Services Board Programs (Department of Mental Health-Mental Retardation-Substance Abuse); TRANSFER $275,743 in appropriations within the Department's FY1995-1996 Operating Budget; and, create ten (10)full-time permanent and one- point-five (1.5) temporary positions. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William gE. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy I~ Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn December 12, 1995 AN ORDINANCE TO ACCEPT AND APPROPRIATE $396,240 IN FEDERAL FUNDING, $413,415 IN STATE FUNDING, AND $25,130 IN FEE REVENUE FOR A TOTAL AMOUNT OF $834,785 IN ADDITIONAL FUNDING FOR THE DEPARTMENT OF MENTAL HEALTH-MENTAL RETARDATION-SUBSTANCE ABUSE; TO TRANSFER $275,743 IN APPROPRIATIONS WITHIN THE DEPARTMENT'S FY 1995-96 OPERATING BUDGET; AND TO CREATE 10 FULL-TIME PERMANENT AND 1.5 TEMPORARY POSITIONS. WHEREAS, the Community Services Board and the Department of Mental Health, 9 Mental Retardation, and Substance Abuse (MHMRSA) are responsible for the coordination 10 and implementation of mental health, mental retardation, and substance abuse services; 11 WHEREAS, the Department has received federal funding for Early Intervention 12 Services in FY 1994-95 and requests that the unexpended balance of $23,558 be appropriated 13 in FY 1995-96; 14 WHEREAS, the Department has received $97,103 in additional federal SAPT Block 15 Grant Funds for HIV Early Intervention; 16 WHEREAS, the Department has received $62,110 in additional federal funding for 17 "Community-Based Services for Adults with Serious Mental Illness and Children with 18 Serious Emotional Disturbance"; 19 WltEREAS, the Department has received federal funding for Military Respite Care in 20 FY 1994-95 and requests that the unexpended balance of $8,820 be appropriated in FY 1995- 21 96; 22 WHEREAS, the Department has received a new federal grant of $17,000 for Respite 23 Care to Military Families; 24 WHEREAS, the Department has received $76,463 in additional Medicaid - State Plan 25 26 Option (SPO) funding for Comprehensive Services Act-Intensive In-Home Services; WHEREAS, the Department has received $187,649 in additional funding for Part H 27 Early Intervention for handicapped children and families; 28 WHEREAS, the Department has received $897,180 in Medicaid SPO, Medicaid 29 Waiver, and Fee Revenue funding for new residential support clients and operational support 30 and, in turn, has reduced State General Fund support by $545,098 in order to provide the 31 necessary State match funding for the Medicaid revenue; 32 WHEREAS, the Department has received $10,000 in State funding for the "Protect 33 Our Kids in Traffic/Phase III'; 34 WHEREAS, the Department must realign $275,743 in appropriations to correspond to 35 costs of services funded through Medicaid SPO and Medicaid Waiver funding; 36 WHEREAS, the additional services for which appropriations are requested in this 37 ordinance will require an additional 10.0 full-time permanent and 1.5 temporary positions; 38 WHEREAS, the requested appropriations require no additional local match funding 39 beyond that provided in the original FY 1995-96 MHMRSA Operating Budget; and 40 WHEREAS, the requested increases in appropriations and positions are subject to the 41 continuation of funding; 42 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 43 OF VIRGINIA BEACH, VIRGINIA, 44 1. That $396,240 in Federal revenue, $336,952 in State revenue, and $25,130 in 45 fee revenue are hereby accepted for the purposes set forth in Exhibit A (which is attached 46 hereto and incorporated by reference), and appropriated to the FY 1995-96 Operating Budget 47 of the Department of Mental Health and Mental Retardation; 48 2. That $76,463 in State revenue is hereby appropriated to the Department's FY 49 1995-96 Operating Budget (Comprehensive Services Act - Intensive In-home Services) for 50 the purposes set forth in Exhibit A; 51 3. That the City Manager is hereby authorized to transfer previously appropriated 52 funds in the amount of $275,743 within the FY 1995-96 Operating Budget of the Department 53 of Mental Health-Mental Retardation-Substance Abuse to correspond to costs of services 54 funded through Medicaid SPO and Medicaid Waiver funding; 55 4. That the Department is hereby authorized to create 10.0 new full-time 56 permanent and 1.5 temporary positions for the purposes of providing additional services; 57 5. That the newly-created positions shall be subject to the continuation of 58 funding; 59 6. That estimated revenue from the federal government, state government, and 60 fee revenue is hereby increased by $396,240, $413,415, and $25,130 respectively; and 61 7. That the City Manager is hereby authorized to execute any grant agreements 62 associated with the acceptance and appropriation of these funds. 63 Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twelft:h day of December , ,1995. 65 This ordinance shall be effective from the date of its adoption. CA-6162 G\DATA\ORDII~NONC ODE\MH. ORD R-1 Prepared: 12/07/95 APPROVED AS TO CONTENT ~anagcment Services ~ APPROVED AS TO LEGAL SUFFICIENCY - 22 - Item IV-KS. CONSENT AGENDA ITEM # 4O151 ORDINANCES Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance to TRANSFER $45,826 from the Virginia Beach Health Department's FY 1995-1996 Operating Budget to the Beach Health Clinic re City support for prescription purchases by medically indigent local residents. Voting: 10-0 (By Consent) Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R~ Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn December 12, 1995 AN ORDINANCE TO TRANSFER FUNDS IN THE AMOUNT OF $45,826 FROM THE VIRGINIA BEACH HEALTH DEPARTMENT'S FY 95-96 OPERATING BUDGET FOR THE PURPOSE OF MAKING A GRANT TO BEACH HEALTH CLINIC WHEREAS, the Virginia Beach Health Department has determined that it is no 7 longer financially or operationally practicable to continue to provide chronic medical care to 8 medically-indigent citizens of the City at its Adult Medical Clinic; WHEREAS, as a result of the need to discontinue this program, the Health 10 Department sought out a private, non-profit entity to which responsibility for the provision of 11 chronic medical care to medically-indigent citizens could be transferred; 12 WHEREAS, Beach Health Clinic, a private, non-profit organization located at the 13 oceanfront, has agreed to assume responsibility, within its capacity, for the provision of chronic 14 medical care to these citizens, effective January 1, 1996; 15 WHEREAS, in order for Beach Health Clinic to provide these additional services, 16 17 it is necessary that it receive the same funding for these services that is currently being provided by the City to the Health Department's Adult Medical Clinic; and 18 19 WHEREAS, funds in the amount of $91,652 were appropriated to the Health Department in FY 95-96 for this purpose, one-half of which will need to be provided as a grant 20 21 to Beach Health Clinic for the remainder of the fiscal year. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That funds in the amount of $45,826 from the Virginia Beach Health 24 25 Department's FY 95-96 Operating Budget (Adult Medical Clinic) are hereby transferred to the FY 95-96 Regional Participation Budget for the purpose of making a grant to Beach Health 26 Clinic. 27 12 day 28 of Adopted by the Council of the City of Virginia Beach, Virginia, on the~ December 1995. 29 3O 31 32 CA-6167 ORDIN~NONCODE\BHEALTH. ORD R-1 PREPARED: 12/07/95 APPROVED AS TO CONTENT Management l~rvicea APPROVED AS TO LEGAL SUFFICIENCY ~ent of Law - 23 - Item IV-IC 4. ORDNANCES ITEM # 4O152 Attorney R. E. Bourdon, represented the applicant and advised the purchase price is $2,442.50 Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED: Ordinance to declare approximately 0.37 acre of City-owned property adjacent to 5521 Whirlaway Drive (Carolanne Farms) as EXCESS PROPERTY in the petition of Robert L. and Emma Virginia Baxter; and, authorize the City Manager to convey the parcel (KEMPSVILLE BOROUGtl). The following conditions shall be required: . Any easements requested by the City, over the area to be conveyed, be dedicated by the purchaser simultaneously with the City's transfer. 2. The Petitioner shall have a resubdivision plat approved that combines his adjacent property with the subject property to form one parcel of property. Said plat shall be properly executed by all parties and recorded simultaneously with the conveyance document. Any funds derived from the conveyance of this property shall be designated to be returned to the Department of Parks and Recreation. Voting: 10-0 Council Members Voting Aye: John ,4. Baurn, Linwood O. Branch, III, Robert K, Dean, William W. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K, Parker and Vice Mayor William D. Sessotns, Jr. Council Members Voting Nay: None Council Members Absent: Louisa M. Strayhorn December 12, 1995 SYKES, CARNES, BOURDON & AHERN. P C ATTORNEYS ATLAW AN ORDINANCE DECLARING CERTAIN PROPERTY EXCESS AND AUTHORIZING THE CITY NANAGER TO DISPOSE OF SANE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: WHEREAS, the City of Virginia Beach acquired ownership of the following described property by Deed recorded in Deed Book 2225, at Page 2041; and WHEREAS, the City Council is of the opinion that the following described property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the following described property is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is authorized to convey said property in the manner he deems in the best interests of the City of Virginia Beach reserving therein any and all easements pertaining thereto, and subject to the condition contained in Paragraph number 2. The property is more particularly described as follows: ALL THAT CERTAIN lot, piece or parcel of land situate in the Kempsville Borough of the City of Virginia Beach, Virginia located south of Lot 47, Block G, Subdivision of Carolanne Farm, Section Two, being more particularly described as Beginning at the Southeast corner of Lot 47; thence South 13° 31' 35" West 160.00 feet - 1 - SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW to a point; thence North 52° 16' 14" West 15.0430 feet to a point; thence North 77° 54' 07" West 32.0947 feet to a point; thence South 86" 02' 06" West 7.7551 feet to a point; thence South 52" 27' 58" West 13.3846 feet to a point; thence South 68" 06' 42" West 15.0371 feet to a point; thence South 79" 00' 24" West 14.8303 feet to a point; thence North 89° 08' 19" West 11.3988 feet to a point; thence North 75" 08' 31" West 10.5695 feet to a point; thence North 49" 14' 18" West 8.6215 feet to a point; thence North 19" 23' 54" West 8.2319 feet to a point; thence North 02" 20' 42" West 10.4342 feet to a point; thence North 09° 08' 39" East 11.4504 feet to a point; thence North 19~ 23' 40" East 12.9127 feet to a point; thence North 33° 05' 39" East 10.0150 feet to a point; thence North 53" 08' 00" East 10.1977 feet to a point; thence North 72~ 29' 42" East 10.2364 feet to a point; thence North 62" 52' 41" East 11.4883 feet to a point; thence North 40° 36' 01" East 9.7690 feet to a point; thence North 16" 35' 05" East 9.5562 feet to a point; thence North 10~ 06' 32" West 7.9164 feet to a point; thence North 22" 16' 19" East 4.6122 feet to a point; thence North 63" 16' 04# East 5.1708 feet to a point; thence North 89° 27' 45" East 7.3084 feet to a point; thence North 67" 49' 46" East 13.2795 feet to a point; thence North 50" 37' 46" East 15.3084 feet to a point; thence North 33" 08' 08" East 11.4782 feet to a point; thence North 04" 23' 26" East 10.9741 feet to a point; thence North 28° 00' 59" West 10.5424 feet to a point; thence North 60° 33' 14" West 4.9385 feet to a point; thence North 72" 27' 11" West 7.3372 feet to a point; thence North 50° 49' 52" West 7.0972 feet to a point; thence North 27° 26' 12" West 11.9305 feet to a point; thence North 08" 08' 20" West 11.1903 feet to a point; thence North 04" 30' 24" East 16.9319 feet to a point at the southwest corner of Lot 47; thence South 67° 11° 40" East 102.01 feet to the point of Beginning. SEE ATTACHED PLAT ENTITLED RESUBDIVISION OF PROPERTY, LOT 47 - BLOCK G SUBDIVISION OF CAROLANNE FARM, SECTION TWO. - 2 - SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW 2. The property shall be shown on an approved Resubdivision Plat and shall be combined with the adjoining property of the Petitioners to form one parcel of land. Said plat shall be properly executed by all parties and recorded simultaneously with the conveyance document. 3. This Ordinance shall be effective upon compliance with all the conditions referenced above. Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th day of December , 1995. 5562i ~PROVED AS TO CONTENT DEPARTMENT APPROVED AS TO LEGAL SUFFICIF_NCY - 3 - SYKES, CARNES, BOURDON & AHERN, P C A'I'rORNEYS AT LAW PETITION TO DECLARE CERTAIN PROPERTY EXCESS AND TO AUTHORIZE DISPOSAL TO THE CONTIGUOUS PROPERTY O~qER _PETITION TO: THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Your petitioners, ROBERT LELAND BAXTER and EMMA WIGGINS BAXTER, husband and wife, by counsel, respectfully represent as follows: 1. That Petitioners apply to the Mayor and the Council of the City of Virginia Beach, Virginia, for an ordinance declaring the hereinafter described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey the property to the Petitioners upon payment of fair market value as determined by qualified appraisal and in accordance with City policy. 2. That your Petitioners own the property contiguous to the hereinafter described property and are the only property owners contiguous to said site. And that further the hereinafter described property has no utility unless joined to the contiguous property of Petitioners. 3. The property your Petitioners are asking to be declared in excess of the needs of the City of Virginia Beach so that they may purchase same is hereby described as follows: - 1 - SYKES, CARNES. BOURDON & AHERN, P C A'I'I'ORNEYS AT LAW ALL THAT CERTAIN lot, piece or parcel of land situate in the Kempsville Borough of the City of Virginia Beach, Virginia located south of Lot 47, Block G, Subdivision of Carolanne Farm, Section Two, being more particularly described as Beginning at the Southeast corner of Lot 47; thence South 13° 31' 35" West 160.00 feet to a point; thence North 52° 16' 14" West 15.0430 feet to a point; thence North 77° 54' 07" West 32.0947 feet to a point; thence South 86° 02' 06" West 7.7551 feet to a point; thence South 52° 27' 58" West 13.3846 feet to a point; thence South 68° 06' 42" West 15.0371 feet to a point; thence South 79° 00' 24" West 14.8303 feet to a point; thence North 89° 08' 19" West 11.3988 feet to a point; thence North 75° 08' 31" West 10.5695 feet to a point; thence North 49° 14' 18" West 8.6215 feet to a point; thence North 19° 23' 54" West 8.2319 feet to a point; thence North 02° 20' 42" West 10.4342 feet to a point; thence North 09° 08' 39" East 11.4504 feet to a point; thence North 19° 23' 40" East 12.9127 feet to a point; thence North 33° 05' 39" East 10.0150 feet to a point; thence North 53° 08' 00" East 10.1977 feet to a point; thence North 72° 29' 42" East 10.2364 feet to a point; thence North 62° 52' 41" East 11.4883 feet to a point; thence North 40° 36' 01" East 9.7690 feet to a point; thence North 16° 35' 05" East 9.5562 feet to a point; thence North 10° 06' 32" West 7.9164 feet to a point; thence North 22° 16' 19" East 4.6122 feet to a point; thence North 63° 16' 04" East 5.1708 feet to a point; thence North 89° 27' 45" East 7.3084 feet to a point; thence North 67° 49' 46" East 13.2795 feet to a point; thence North 50° 37' 46" East 15.3084 feet to a point; thence North 33° 08' 08" East 11.4782 feet to a point; thence North 04° 23' 26" East 10.9741 feet to a point; thence North 28° 00' 59" West 10.5424 feet to a point; thence North 60° 33' 14" West 4.9385 feet to a point; thence North 72° 27' 11" West 7.3372 feet to a point; thence North 50° 49' 52" West 7.0972 feet to a point; thence North 27° 26' 12" West 11.9305 feet to a point; thence North 08° 08' 20" West 11.1903 feet to a point; thence North 04° 30' 24" East 16.9319 feet to a point at the southwest corner of Lot 47; thence South 67° 11' 40" East 102.01 feet to the point of Beginning. - 2 - ~YKES, CARNES, BOURDON & AHERN. P C ATTORNEYS AT LAW SEE ATTACHED PLAT ENTITLED RESUBDIVISION OF PROPERTY, LOT 47 - BLOCK G SUBDIVISION OF CAROLANNE FARM, SECTION TWO. It being a portion of that property conveyed to the City of Virginia Beach from Kempsville Utilities Corporation by Deed in Liquidation dated November 4, 1982 which Deed is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Deed Book 2225, at Page 2041. 4. That no inconvenience will result to any person or property owner by reason of the sale of the hereinabove described property. WHEREFORE, your Petitioners pray that the Mayor and City Council of the City of Virginia Beach, Virginia, declare the hereinabove described property to be in excess of the needs of the City of Virginia Beach and to authorize the City Manager to convey same to your Petitioners upon payment to the City of Virginia Beach, for the fair market value of said property as determined by qualified appraisal. Respectfully submitted, ROBERT LELAND BAXTER AND EMMA WIGGINS BAXTER 6f~Counsel R. Edward Bourdon, Jr., Esquire SYKES, CARNES, BOURDON & AHERN, P.C. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 (804) 499-8971 5561i - 3 - o o ID /a./ I I I I I $ITE~ -LOCA'I'ION I iI I I I I I tt I I MAP FOR EXCESS CITY WNED PROPERTY OFF WHIRLAWAY R NEAR ELIZABETH RIVER · SCALE; I': 200' , PI:?I:'P A PI:'I'~ I::tY I:::>/IAID'NI(". I'~1::> A 12' Ti'/~-, /C::I~ NOW ~ FORMERLY CITY OF VIRGINIA BEACH DB 2225 P 2041 PARCEL C 0 67 acres I[ HEREBY VACATED LOCATION MAP SCALE. I'=1OO0 THE UNDERSIGNED CERllFY THAT THE RESUBOIVISION AS IT APPEARS QN THIS PLAT CONFORMS TO THE APPUCABLE REGULATIONS RELAllNG TO THE SUBDIVISION OF LAND AND IS ACCORDINGLY APPROVED BY SUCH APPROVAl. lt-lE UNDERSIGNED OD NOT CERllFY AS TO THE CORRECTNESS OF THE BOUNDARY STREET OR OTHER UNES SHOWN ON THIS PLAT APPROVFD DATE PLANNING DIRECTORCITY OF V1RGINIA BEACH ¥1RGINIA APPROVED DATE DIRECTOR OF PUBUC WORKS CITY OF V1RGINIA BEACH V1RGINIA VIRGINIA IN THE CLERK S OFFICE OF THE CIRCUIT COURT OF THE CiTY OF V1RGINIA BEACH VIRGINIA ON THE~ DAY OF 1995 THIS PLAT WAS RECEIVED AND ADMITTED TO RECORD IN MAP BO(TK , AT PAGE__ TESTE CtERK CURVE TABLE )CURVE ) RADIUS 1 LENGTH l TANGENT I CHORD J CHORD BEARING J DELTA [ 1 ~85oOO~ 7195 [ .3600 17193 I S '~.~255' E ~ n~'~lOO'' NOTES 1) 16 443 sq fL/O 37 acres TO BE CONVEYED FROM THE CITY OF VIRGINIA BEACH AND COMBINED WlTH LOT 47 THEREBY CREAllNG LOT 47A 2) SEE SHEET 2 FOR CERllFICAllON ADDlllONAL NOTES AND BOUNDARY TABLE M B 259 P 46 ,,4 f 2 STY-BR & FR-RESD 15521 N 76'28 1481 16' TO SUSOUEHANNA DR WH I R L AWAY (50' R/W) (UB 49 p II /I DRIVE RESUBDIVISION OF PROPERTY LOT 47 - BLOCK G SUBDIVISION OF lo DR^,NAGE a u'~,,_,T~ EASEME.'r CAROLANNE FARM (MB 49 P 50 SECTION TWO INDICATES PORllON OF M B 49 P $1 10 DRAINAGE a UTILITY EASEMENT AND HEREBY VACATED PARCEL C SUBDIVISION OF PROPERTY FOR CAROLANNE HOMES, INC. AND KEMPSV1LLE UllLIT1ES CORPORAllON MB 159 P 1 M B 49 P 51 ,~,F wPSVILLE BOROUGH SCALE I'-20' ~RG(NIA BEACH, V1RG1NIA SEPTEMBER 20, 1995 OALLUP SURVEYORS & ENGINEERS, LTl] ,315 RRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 2.3454 PHONE 428-8132 SHEET 1 OF 2 GRAPHIC SCALE --o- IRON PIN (SET) --e- IRON PIN (FOUND) -c)- CONCRETE MONUMENT (SET) --.m- CONCRETE MONUMENT (FOUND) i'))5-JO3 F B 54-4 F 17-1~ Item IV-L. 1. RESOLUTIONS ITEM tt 4O153 The following registered IN FAVOR of the Resolution: Henry Richardson, Il28 Hill Road. Phone: 428-2203, and presented letters in OPPOSITION, which are hereby made a part of the record. Rabbi Elliott M. Marmon, 1837 Timberwood Lane, Phone: 496-9372, Temple Emanuel Judith K. Connors, 3958 Whispering Oaks Place, Phone: 464-3640 Mary Anne Nixon, 607 16th Street, Phone: 428-4277 Anne Henry, 506 27th Street, Phone: 428-5962 Charles Wall, Chief of Police, also reiterated his concerns The following registered in OPPOSITION: F. Sullivan Callahan, 229 West Bute Street, Suite 630, Phone: 623-5000, (Pinnacle Convenience) Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925 Vice Mayor Sessoms PRESIDED over the Meeting during consideration of this Resolution. Upon motion by Mayor Oberndorf, seconded by Council Lady Strayhorn, City Council ADOPTED, AS AMENDED: Resolution to oppose the issuance of a license by the Alcoholic Beverage Control Board re sale of alcoholic beverages at "drive-through" windows by a proposed establishment in the Resort Area of the City. (Sponsored by Mayor Meyera E. Oberndor]) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy ~ Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 12, 1995 1 Requested by Mayor Meyera E. Oberndorf A RESOLUTION OPPOSING THE ISSUANCE OF A LICENSE TO SELL ALCOHOLIC BEVERAGES AT A PROPOSED ESTABLISHMENT LOCATED IN THE RESORT AREA OF THE CITY OF VIRGINIA BEACH 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, the Department of Alcoholic Beverage Control has received an inquiry concerning the regulations pertaining to the sale of wine or beer at a "drive-through" store in a proposed location in the Resort Area of the City of Virginia Beach; and WHEREAS, based upon information provided by the Department of Alcoholic Beverage Control, it appears that the sale of wine or beer on such a basis would not be contrary to applicable regulations, so long as the customer is required to exit his or her vehicle and have face-to-face contact with the employee conducting the sale; and WHEREAS, the un-regulated consumption of alcoholic beverages has led to rowdy, disruptive and disorderly behavior in the City's Resort Area, has undermined the image of the Resort Area as a wholesome, pleasant, safe, family-oriented destination for vacationers and residents alike, has been responsible for the occurrence of many motor vehicle accidents, and has otherwise adversely affected the public health, safety, and welfare; and WHEREAS, the City Council is of the opinion that the sale of alcoholic beverages at such an establishment would exacerbate the aforesaid problems and; WHEREAS, the City has expended many millions of dollars in revitalizing and beautifying the Resort Area in order to make it as attractive a recreational destination as possible; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That for the foregoing reasons, the City Council hereby expresses its opposition to the off-premises sale of alcoholic beverages on the aforesaid basis and requests the Alcoholic Beverage Control Board to deny the application for a license to - 25 - Item IV-L.Z RESOLUTIONS ITEM # 40154 Upon motion by Councilman Baum, seconded by Council Lady Henley, City Council ADOPTED: Resolution to endorse the Virginia Beach Cooperative Extension; and, maintain the State's financial support at current levels during FY 1995- 1996. (Sponsored by Councilman John A. Baum) Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis I~ Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 12, 1995 REQUESTED BY COUNCILMAN JOHN A. BAUM RESOLUTION WHEREAS: Virginia Beach Cooperative Extension is a joint program of the federal, state and local governments in cooperation with Virginia Polytechnic and Virginia State Universities; WHEREAS: Virginia Beach Cooperative Extension contributes significantly to the quality of life and economic development of Virginia Beach Citizens; WHEREAS: The Virginia Beach Extension Leadership Council, a citizen group, has formally evaluated citizen needs, City Council objectives, and Extension program areas. The prioritized needs are: Youth, Agribusiness, Family Financial Management, Water Quality, Nutrition, Diet and Health, Pesticide Training and Emergency Preparedness; WHEREAS: The educational programs and services of Virginia Beach Cooperative Extension are available to every resident of the City without regard to socio-economic status, race, age or any other consideration; WHEREAS: The program and services of Virginia Beach Cooperative Extension are delivered to residents via five (5) Extension Agents and six hundred (600) plus Volunteers; WHEREAS: Virginia Beach Cooperative Extension has a proven record to address the critical needs of the community through educational programs in 4-H, Family and Consumer Science, Agriculture and Natural Resources; and, WHEREAS: Virginia Beach Cooperative Extension has suffered a thirty percent (30%) cut in professional staff. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council and Virginia Beach Extension Leadership Council do hereby formally endorse the Virginia Beach Cooperative Extension. BE IT FURTHER RESOLVED: That the State's financial support for Cooperative Extension be maintained at current levels to provide programming for youth, families and the agricultural industry. ADOPTED: December 15, 1995 STRATEGIC ISSUES (RANK ORDER) VIRGINIA BEACH EXTENSION Youth Development The concept of "family" is undergoing new and significant changes. The numbers of single parents, working mothers, and latchkey children is at it's highest, as are the costs for providing child care, medical care, and education. The value of investing in our children is receiving a lot of attention. Early investment in children will avoid the future costs of Iow self-esteem including welfare and crime. Preparing children now will prevent them from being part of an undereducated, semi-literate work force that can detrimentally affect the economy. In 1 994, Virginia Beach is estimated to have 75,926 children in the public school system. Educational curricula needs to include learning activities that will strengthen character and contribute to the development of a well-balanced responsible citizen. Agribusiness Management Increasing production costs (1987- $11,333,000; 1992- $14,106,000)and level net cash return from agricultural sales for the farm unit (1987 - $3,086,000; 1992 - $3,220,000) have greatly impacted the Agriculture Industry in Virginia Beach. In 1982, there were 231 farmers on 51,275 acres; in 1992 there were 156 farmers on 43,332 acres. As pressures increase it is imperative that economic and environmentally sound farming practices remain the key focus in preserving Virginia Beach's third largest industry. Family Financial Management Per capita adjusted gross income, an indicator of community buying power and wealth, declined during the '80's for Virginia Beach families as compared to Virginia as a whole. Disposable income has been negatively impacted by progressive income tax, rising health care costs, cost of housing, inflation, recession, and lagging wage rates. Families must manage their personal finances more effectively or face negative impacts, including bankruptcy. ~ Water Quality Water runoff and infiltration from urban areas is a major source of nonpoint pollution. Pollution occurs as a result of precipitation washing the surface of urban areas which are contaminated. Two sources of these pollutants are chemicals applied for fertilization and chemicals used for control of insects and weeds in urban areas. A 1993 study, conducted by the Commonwealth, rated potential nutrient loads from urban areas; Virginia Beach was rated in the highest category. Nutrition, Diet and Health Families are concerned with achieving and maintaining optimum weight and reduce the risk of chronic disease, giving birth to healthy babies, optimizing long- term health for children, minimizing nutritional inadequacies and food abuses and making informed choices about food safety, and food handling practices. Pesticide Training In Virginia Beach there are 438 Commercial Pesticide Applicators and Registered Technicians, another 120 are Private Applicators. These applicators are in need of educational programs and training materials which will prepare them to become safe pesticide applicators. Virginia Cooperative Extension is mandated by the Commonwealth to provide training and recertihcat~on of Certihed Pesticide Applicators. Emergency Preparedness The primary responsibility for emergency preparedness and response, including assessing and reporting damage, rests with local governments. The Virginia Emergency Plan, signed by the Governor, tasks various agencies to provide state support of local governments. Virginia Cooperative Extension, with cooperation from the State Department of Emergency Services is mandated to assist local governments to plan, prepare, assess and report damage following a disaster. Volunteer Management (Critical to All Issues) Due to limited resources, paid staff cannot meet program needs, volunteer staff provide a vital educational link with the community. Trained volunteers teach others, support programs and multiply impacts of Extension, particularly in the areas of youth development, human nutrition, and preservation of natural resources and the environment. Annually more than 600 Virginia Beach residents volunteer to assist with Extension education programs. The value of the volunteer time is $320,000 and is equal to 10 full time employees. ~ Nutrition, Diet and Health Families are concerned with achieving and maintaining optimum weight and reduce the risk of chronic disease, giving birth to healthy babies, optimizing long- term health for children, minimizing nutritional inadequacies and food abuses and making informed choices about food safety, and food handling practices. Pesticide Training In Virginia Beach there are 438 Commercial Pesticide Applicators and Registered Technicians, another 120 are Private Applicators. These applicators are in need of educational programs and training materials which will prepare them to become safe pesticide applicators. Virginia Cooperative Extension is mandated by the Commonwealth to provide training and recertification of Certified Pesticide Applicators. Emergency Preparedness The primary responsibility for emergency preparedness and response, including assessing and reporting damage, rests with local governments. The Virginia Emergency Plan, signed by the Governor, tasks various agencies to provide state support of local governments. Virginia Cooperative Extension, with cooperation from the State Department of Emergency Services is mandated to assist local governments to plan, prepare, assess and report damage following a disaster. Volunteer Management (Critical to All Issues) Due to limited resources, paid staff cannot meet program needs, volunteer staff provide a vital educational link with the community. Trained volunteers teach others, support programs and multiply impacts of Extension, particularly in the areas of youth development, human nutrition, and preservation of natural resources and the environment. Annually more than 600 Virginia Beach residents volunteer to assist with Extension education programs. The value of the volunteer time is $320,000 and is equal to 10 full time employees. ~ VIRGINIA BEACH EXTENSION Agent- Agriculture Agent - 4-H Agent - 4-H Agem- Director/ Horticulture Agent- Family/Consumer Secretary Secretary Technician- E.F.N.E.P. Technician- E.F.N.E.P. Technician- E.F.N.E.P. Tecnician - Water Quality Melvin Atkinson Thomas Baker Joe Hoffenberger Randy Jackson Doris Trant Amy Williams Sheila Martin Iris Miller Robin Barton Mary Warren Paul Larson 100% City 1/3 City 2/3 State 1/3 City 2/3 State 1/3 City 2/3 State 1/3 City 2/3 State 100% City 100% City 100% Federal 100% Federal 100% Federal Grant Fiscal Year 1995-96 City Budget for Extension totals $179,340.00. The State provides $187,090.00 plus an unspecified amount in support costs from Virginia Tech. - 26 - Item IV-L.3. RESOLUTIONS ITEM # 40155 The following spoke in SUPPORT of the Resolution: John Malbon, Post Office Box 68051, Phone: 499-7003, Chairman - Virginia Beach Vision's Transportation Committee. John N. Skirven, 3104 Sand Pine Road, Phone; 461-9481, Executive Director - SEVAMP Senior Services. "We would encourage that the General Assembly enact legislation that limits the liability premium of Volunteer drivers to the face amounts of their personal automobile insurance policies." Cyndy Bourquard, 3113 Lynn Acres Road, Phone: 463-8398 Upon motion by Council lardy Henley, seconded by Council Lady Strayhorn, City Council ADOPTED, AS AMENDED: Resolution re H JR 656 to support a dedicated funding source re public transportation in the Hampton Roads Region. (Sponsored by Council Lady Barbara M. Henley) Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Nancy IC Parker Council Members Absent: None December 12, 1995 Request by Councilmember Barbara Henley RESOLUTION SUPPORTING A DEDICATED FUNDING SOURCE FOR PUBLIC TRANSPORTATION IN THE HAMPTON ROADS REGION WHEREAS, pubhc transportation is an essential element of the transportation system of the Hampton Roads region; and WHEREAS, as an essential element, ~t provides mobdity to commuters, shoppers, tourists, and many who would otherwise be isolated from jobs, medical treatment and other facilities; and WHEREAS, public transportation ~s also v~tal to the physical well-being, safety, and quality of life of older and disabled citizens, many of whom would have no other alternative for transportation, and WHEREAS, a rehable and efficient pubhc transportation system is a crucial factor ~n future economic development and for preserving existing jobs; and WHEREAS, pubhc transportation ~s an essential element in meeting and maintaining air quality standards and reducing congesbon on the existing road network; and WHEREAS. federal funding for public transportation has declined dramatically and is scheduled to be totally eliminated w~thin the next two fiscal years; and WHEREAS, reduced federal funding ~n the face of steady state funding creates a need for ~ncreased local support of the public transportation system; and WHEREAS, the General Assembly has established a sub-committee under House Joint Resolution 656 to examine sources of stable and reliable dedicated funding for public transportation NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: That the Virginia Beach City Council respectfully request that the H JR656 Sub- Committee recommend a stable and reliable dedicated funding source for pubhc transportation to be provided directly to Hampton Roads commumties and that this stable and reliable dedicated funding source be patterned after that authorized in the Northern Virginia Transportation District and the Potomac-Rappahannock Transportation District Commission; and BE IT FURTHER RESOLVED: That th~s stable and reliable funding source should provide for a reduction ~n local taxes comparable to that amount which each locality is now allocating to transit; and BE IT FURTHER RESOLVED. That, once the mass transit needs of Virginia Beach have been met through this dedicated funding stream to the satisfaction of the City Council of Virginia Beach, any additional revenue generated by such revenue stream shall be available for transportation system improvements within the City of Virginia Beach; and BE IT FURTHER RESOLVED That the City Clerk is directed to communicate a copy of this resolution to the members of the H JR656 Sub-Committee and also to the General Assembly Delegation from Virginia Beach Adopted by the Council of the City of V~rgin~a Beach, Virginia, on the 12th day of December , 199 5 - 27 - Item IV-L. 4. RESOLUTIONS ITEM # 40156 Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED: Resolution to approve the City's Biennial Plan re use of State Block Grant Funds under the Virginia Juvenile Community Crime Control Act (effective I January 1996); authorize the City Manager to execute the Plan and all other documents necessary to receive Grant funding; and, commit to fund the Plan in FY 1995-1996 at the same level at which funding was provided for Block Grant Services and Programs in FY 1994-1995. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert IC Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III December 12, 1995 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 35 36 37 38 39 4O Control A RF~OLUTION APPROVING THE CITY'S BIENNIAL PLAN FOR THE USE OF STATE BLOCK GRANT FUNDS UNDER THE VIRGINIA JUVENILE COMMUNITY CRIME CONTROL ACT; AUTHORIZiNG THE CITY MANAGER TO EXECUTE THE PLAN AND ALL OTHER DOCUMENTS NECESSARY TO RECEIVE GRANT FUNDING; AND COMMrrTING TO FUND THE PLAN IN FY 95-96 AT THE SAME LEVEL AT WHICH FUNDING WAS PROVIDED FOR BLOCK GRANT SERVICES AND PROGRAMS IN FY 94-95 WHEREAS, the 1995 Virginia General Assembly enacted the Virginia Juvenile Community Crime Act ("Act"), which will be effective January 1, 1996; WHEREAS, the purpose of the Act is to deter juvenile crime and reduce the pattern of juvenile repeat offending by establishing community-based systems of sanctions, programs and services for youth who have come before the Juvenile and Domestic Relations Court ("court youth") on status or delinquent offenses; WHEREAS, the Act changed the State's block grant program for services for court youth to allow all localities (or combinations thereof) having local plans approved by the Board of Youth and Family Services to receive funding from the Department of Youth and Family Services (DYFS); WHEREAS, on behalf of the City of Virginia Beach, the Tidewater Regional Group Home Commission in consultation with the Virginia Beach Juvenile and Domestic Relations Court, Virginia Beach Court Service Unit, and Pendleton Child Service Center developed a biennial plan delineating services for court youth to be funded under the Act; WHEREAS, in order for a locality to receive funding under the Act, the plan must be approved by the locality and the State; WHEREAS, once the City and State approve Virginia Beach's local plan, block grant funding will be provided to the Tidewater Regional Group Home Commission from fiscal year 1995 through fiscal year 2000 on behalf of Virginia Beach; and WHEREAS, in order to receive funding under the Act for FY 95-96, the City is required to commit to funding the local plan at the same level at which funding was provided for block grant services and programs in FY 94-95. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA that: 1. That City Council hereby approves the City's biennial plan for the use of State block grant funds under the Virginia Juvenile Community Crime Control Act; 41 42 45 46 47 48 2. That the City Manager is hereby authorized to execute the plan and all other documents necessary to receive grant funding; and 3. That City Council hereby commits to fund the plan in FY 95-96 at the same level at which funding was provided for block grant services and programs in FY 94-95. This resolution shall be effective from the date of its adoption. of Adopted by the Council of the City of Virginia Beach, Virginia on the December 1995. Twelfth day APPROVED AS TO APPROVED AS TO LEGAL SUFFICIENCY AND CONTENT FORM DEPARTMENT OF YOUTH AND FAMILY SERVICES, VIRGINIA BEACH COURT SERVICE UNIT CITY ATTORNEY c:\budget\95-96\vjccagen, req vol. 49 November 21, 1995 sgh -2- - 28 - Item 1V-M. PUBLIC HEARING ITEM # 40157 PLANNING Mayor Oberndorf DECLARED a PUBLIC HEARING on: PLANNING 1. EASTMAN ENTERPRISES, INC. STREET CLOSURE 2. BECO CONSTRUCTION, INC. STREET CLOSURE 3. HANNAFORD BROTHERS COMPANY STREET CLOSURE 4. P.C.S. PRIMECO, L.P CONDITIONAL USE PERMIT $. GREENWICH SUPPLY CORPORATION CONDITIONAL CHANGE OF ZONING 6. EDWARD B. AND JEAN M. SNYDER, TRUSTEE, SNYDER FAMILY TRUST, CHECKERED FLAG MOTOR COMPANY, INC. CHANGE OF ZONING CONDITIONAL USE PERMIT December 12, 1995 - 29 - Item IV-M.1 PUBLIC HEARING ITEM # 40158 PLANNING Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant Upon moition by Councilman Dean, seconded by Councilman Harrison, City Council AUTHORIZED FINAL APPROVAL of the Ordinance upon application of EASTMAN ENTERPRISES, INC. for the discontinuance, closure and abandonment of a portion of Dam Neck Road: Application of Eastman Enterprises, Inc., for the discontinuance, closure and abandonment of a portion of Dam Neck Road located at the southwest intersection of Dam Neck Road and London Bridge Road. Said parcel contains 27, 799 square feet. PRINCESS ANNE BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert 32 Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy 32 Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III December 12, 1995 SYKES, CARNES, BOURDON & AHERN, P C A'I-rORNEYSATLAW ORDINANCE NO. IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING AN UNIMPROVED PORTION OF THAT CERTAIN STREET, KNOWN AS DAM NECK ROAD, SHOWN UPON THAT CERTAIN PLAT ENTITLED, "EXHIBIT SHOWING PORTION OF DAM NECK ROAD TO BE CLOSED, JANUARY 18, 1994, PRINCESS ANNE BOROUGH, VIRGINIA BEACH, VIRGINIA". WHEREAS, it appearing by affidavit that proper notice has been given by EASTMAN ENTERPRISES, INC., that they would make application to the Council of the City of Virginia Beach, Virginia, on June 14, 1994, to have a portion of the hereinafter described street discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that the portion of said street be discontinued, closed, and vacated; NOW THEREFORE, SECTION I BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia, that the hereinafter described street be discontinued, closed, and vacated: SEE ATTACHED EXHIBIT "A# Said parcel of land being an unimproved portion of Dam Neck Road as indicated on that certain street closure plat of property to be vacated adjoining and adjacent to the property of the Petitioner located in the Princess Anne Borough, Virginia Beach, Virginia, which plat is to be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, upon adoption of this ordinance, and which is made a part hereof by reference. SECTION II A certified copy of this Ordinance shall be filed in the 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. GPIN NO.: 2405-04-5063 - 1 - SYKES, CARNES, BOURDON & AHERN, P C A'I-I'ORNEYS AT LAW (zs0) 4449i SECTION III This Ordinance shall be effective days from the date of its adoption. SECTION IV one FINAL APPROVAL: December 12, 1995 Adopted: hundred /,?~R£ 'VE; A- TO 1EG;~.L ~:~ ,CY ArqD FC. RM CI]'Y ATTOe,NFY - 2 - eighty c~ B ~ J m SYKES, CARNES, BOURDON & AHERN, P C ATTORNEYS AT LAW EXHIBIT "A" LEGAL DESCRIPTION PORTION OF DAM NECK ROAD Beginning from a point located at the northwest corner of Parcel B2 as shown on the plat entitled "Subdivision of Parcel B, Commercial Area at LAKE PLACID, Princess Anne Borough, Virginia Beach, Virginia," recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 141, at Page 14A, thence southeasterly along the southern right-of-way of Dam Neck Road along a curve to the right, said curve having a radius of 5829.58 feet for an arc length of 7.91 feet to a point of tangency; thence South 66° 33' 18" East, 50.00 feet to a point; thence along a curve to the right, said curve having a radius of 5841.58 feet for an arc length of 156.67 feet to a point of tangency; thence along a curve to the right, said curve having a radius of 195.00 feet for an arc length of 110.38 feet to the point of intersection with the western right-of-way line of London Bridge Road; thence departing from the southern right-of-way of Dam Neck Road and following the western right-of-way line of London Bridge Road North 36° 30' 22" West, 213.17 feet to a point on the northern boundary of the 20' Hampton Roads Sanitation District ("H.R.S.D.") Easement; thence northwesterly along the northern boundary line of the H.R.S.D. Easement along a curve to the left, said curve having a radius of 5719.58 feet for an arc length of 164.46 feet to a point of tangency; thence departing from the boundary line of the H.R.S.D. Easement South 9° 52' 27" West 110.00 feet to the point of beginning. Said parcel containing 27,799 square feet. GPIN NO.: 2405-04-5063 4449i - 3 - - 30 - Item IV-M.2. PUBLIC HEARING ITEM # 40159 PLANNING Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant and requested DEFERRAL. Upon motion by Councilman Harrison, seconded by Councilman Dean, City Council DEFERRED until the City Council Session of December 19, 1995: Ordinance upon application of BECO CONSTRUCTION, INC., for the discontinuance, closure and abandonment of a portion of excess right- of-way. Ordinance upon application of Beco Construction, Inc. for the discontinuance, closure and abandonment of a portion of excess right- of-way as shown on the plat entitled "Excess Right-of-Way Adjacent to Little Neck Road To be Closed for Beco Construction" on file in the Planning Department. Said parcel contains 1859 square feet. LYNNHA VEN BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Linwood O. Branch, III December 12, 1995 - 31 - Item 1V-M.$. PUBLIC HEARING ITEM # 40160 PLANNING Attorney I~ J. Nutter, 999 Waterside Drive, Phone: 624-3059, represented the applicant Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED, SUBJECT TO COMPLIANCE OF CONDITIONS WITHIN 180 DAYS (April 23, 1996), petition of HANNAFORD BROS. CO. for the discontinuance, closure and abandonment of a portion of Republic Road (Bonney Parkway). Petition of Hannaford Bros., Co., for the discontinuance, closure and abandonment ora portion of Republic Road (Bonney Parkway) beginning at a point 950 feet more or less west of First Colonial Road and running westerly and southerly to the northern property line of Laskin Road. Said parcel is 60 feet in width. LYNNHAVEN BOROUGH. The following conditions shall be required: The applicant shall dedicate right-of-way to provide for the realignment of the Hilltop Loop Road. Staff will work with the applicant to finalize the exact realignment prior to final approval. The area to be dedicated is approximately the same as the area to be closed and, therefore, cash purchase will not be required. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The applicant is responsible for determining if any private utilities are located within the area proposed for closure and working with the private utility companies to provide any necessary easements. 4. Closure of the right-of-way shall be contingent upon compliance with the above- stated conditions within 180 days (April 23, 1996) of the approval by City Council. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Loutsa M. Strayhorn Council Members l/'oting Nay: None Council Members Abstaining: William gE. Harrison, Jr. Council Members Absent: Robert IC Dean Councilman Harrison ABSTAINED as his law firm represents Hannaford Brothers Company. December 12, 1995 - 32 - Item IV-M.4. PUBLIC HEARING ITEM # 4O161 PLANNING The following spoke in SUPPORT of the application: Arthur Ochsnor, 2200 Colonial Avenue, Norfolk, represented the applicant Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council ADOPTED the Ordinance upon application of P.C.S. PRIMECO, L.P., for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF P.C.S. PRIMECO, L.P. FORA CONDITIONAL USE PERMIT FORA 120-FOOT COMMUNICATIONS TOWER R012952004 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of P. C.S. PrimeCo, L.P. for a Conditional Use Permit for a 120-foot communications tower on the northwest side of Central Drive, southwest of Patent Drive. Said parcel is located at 553 Central Drive and contains 4.482 acres. LYNNHAVEN BOROUGH. The following conditions shall be required: 1. The applicant shall work with other potential tower users to accommodate multiple use of the proposed tower. 2. The applicant will work with the F~Adt. and the U.S. Navy to ensure that there is no conflict with air navigation in the area. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December. Nineteen Hundred and Nine~_ -Five. Voting: 10-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndorf, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: Nancy K. Parker Council Members Absent: None December 12, 1995 Item IV-M.5 PUBLIC HEARING ITEM # 40162 PLANNING Attorney Harry R. Purkey, Jr., 303 34th Street Suite 5, Phone: 428-6445, represented the applicant Upon motion by Council Lady Strayhorn, seconded by Vice Mayor Sessorns, City Council ADOPTED an Ordinance upon application of GREENWICH SUPPLY CORPORATION, a Virignia Corporation for a Conditional Change of Zoning: ORDINANCE UPON APPLICATION OF GREENWICH SUPPLY CORPORATION, A VIRGINIA CORPORATION FOR A COND~IONAL CHANGE OF ZONING DISTRICT CIASSIFICATION FROM I-1 to 1-2 Z012951477 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Greenwich Supply Corporation, a Virginia Corporation for a Conditional Change of Zoning District Classification from I-1 Light Industrial District to 1-2 Heavy Industrial District on the north side of Arrowhead Drive, west of Princess Anne Road. The proposed zoning classification change to Conditional 1-2 is for industrial land use in accordance with other Plan policies. Satd property is located at 5780, 5784, 5788 and 5792 Arrowhead Drive and contains 4.002 acres. KEMPSVILLE BOROUGH. The following condition shall be required: 1. An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth o_f December. Nineteen Hundred and Nine~_ -Five. Voting: 11-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy K. Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 12, 1995 fORM NO. P'.S. lB City of Vi:r'~inia Reach ~ NTER-OFF~ CE COr~RESPON13E~CE In Reply Refer To Our File No. DF-3920 DATE: November 30, 1995 TO: Leslie L. Lilley DEPT: City Attorney FROM: William M. Macali ~ DEPT: City Attorney Conditional Zoning Application Greenwich Supply Corporation The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 12, 1995. I have reviewed the subject proffer agreement, dated October 16, 1995, 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. WlVIM Enclosure AGREEMENT THIS AGREEMENT made this 16th day of October, 1995, by and between GREENWICH SUPPLY CORPORATION Virginia corporation ("Greenwich") and MANBIL COMPANY, a Virginia general partnership ("Manbil") hereinafter collectively called "Grantor" and the CITY OF VIRGINIA BEACH, a Municipal Corporation of the Commonwealth of Virginia, hereinafter called "Grantee". RECITALS R- 1. Manbil is the record fee simple owner of the property located in Kempsville Borough, City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement ("Parcel I") R-2. Greenwich is the record fee simple owner of the property located in Bayside Borough, City of Virginia Beach, Virginia and described in Exhibit A attached hereto and incorporated into this Agreement ("Parcel II"). R-3. Parcel I and Parcel II are collectively referred to herein as the "Property". R-4. Caantor has initiated an Amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the zoning classification of the Property from I-1 Industrial District to I-2 Industrial District. The proposed amendment is made pursuant to the terms of the zoning ordinance of the City of Virginia Beach, Virginia adopted April 18, 1988 as amended and as in effect as of the date of this Agreement (the "Zoning Ordinance"). R-5. The Grantee's policy is to provide only for the orderly development of land for various purposes, including commercial purposes, through zoning and other land development legislation. R-6. The Grantor acknowledges that in order to prevent incompatible land use, · reasonable conditions governing the use of the Property, in addition to the regulations generally applicable to land zoned I-2 as specified in the Zoning Ordinance, are required to address the project proposed in the Grantor's zoning application. R-7. Grantor has voluntarily offered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the zoning map with respect to the Property, the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as part of said amendment to the zoning map relative and applicable to the Property, which have a reasonable relation to the rezoning and the need for which it is generated by the rezoning. R-8. The conditions outlined in this Agreement have been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance and the zoning map. These conditions shall continue in full force and effect until subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. The conditions outlined in this Agreement may be amended only by following the procedures and recording the documents as outlined and required in the Zoning Ordinance. WITNESSETH NOW THEREFORE, Greenwich and Manbil, for themselves, their successors, personal representatives, assigns, grantees and other successors in title and interest, voluntarily and without any requirement by or exaction from the Grantee or its governing · body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit for subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or rifle: A. The site plan submitted by the Grantor to the Department of Planning with this Agreement and entitled "Greenwich Supply Corporation Boat Repair Facility, September 1, 1995, Scale: 1"= 25'" (the "Site Plan") is incorporated herein by reference and forms a part of this Agreement. B. Any painting, repainfing, sanding and coating of maritime vessels (the "Refurbishing Activities") outside of fully enclosed structures shall be conducted subject to the following conditions: (a). All paintin~ repainting, sanding and coating of maritime vessels outside of a fully enclosed building shall be performed in a facility (the "Facility") which will consist 3 of two (2) solid side walls or other structures such as shipping containers which shall be no less than eight feet tall and no less than forty feet long. The Facility is designated as "Covered Boat Containment Area" on the Site Plan. (b). The Facility will be covered by an environmental containment screen of industrial grade. · (c). The front and rear ends of the Facility (which will be used for the entering and exiting of vessels) will consist of environmental containment screens of industrial grade which will be closed when the Refurbishing Activities are in process. (d). All sanding of vessels will be performed using air driven rotary sanders equipped with vacuum attachments to collect residue. (e). All paint will be applied on vessels by roller and brush. No spray painting will be done in the Facility at any time. (f). The Facility shall not be used for Refurbishing Activities of any maritime vessel that is of such size that the environmental containment screens referenced in subparagraph (c) above cannot be fully closed when the Refurbishing Activities are in progress. C. All exterior temporary storage of maritime vessels prior to commencement of Refurbishing Activities shall be stored only in the area designated on the Site Plan as "Repair Staging Area". Further, all preparatory work on maritime vessels necessary prior to the commencement of Refurbishing Activities which cannot be performed inside a fully enclosed building shall be performed only in the Repair Staging Area. No Refurbishing Activities shall be conducted in the Repair Staging Area. D. The Property shall only be used for the following uses: 1. Automobile service stations, provided that where there is an adjoining residential or apartment district without an intervening street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by the district boundary have adjacent front yards, a six foot solid fence with Category VI screening shall separate the automobile service station use from the adjacent residential district and no ground sign shall be within fifty (50) feet of the residential or apartment district, and further provided a conditional use permit is obtained. 2. Automotive rental, parts and supply stores, provided that no outside storage is included (excluding operative equipment). . Automotive repair garages, provided a conditional use permit is obtained. 4 Automotive service establishments dealing exclusively in service and minor repairs of the type provided at automobile service stations. 5. Bingo Halls, provided a conditional use permit is obtained. 6. Borrow pits, provided a conditional use permit is obtained. 7. Bulk storage yards and building contractor's yards; provided that no sale or processing of scrap, salvage, or secondhand material shall be permitted in such yards; and, provided further that additional requirements as listed in Section 228 of the Zoning Ordinance are met, and further provided a conditional use permit is obtained. buildings. , Business, medical, financial, nonprofit, professional and similar office 9. Child care and child care education centers, provided a conditional use permit is obtained. * 10. Commercial parking lots. 12 below. 11. Eating and drinking establishments, except as specified in subsection 12. Eating and drinking establishments where all four of the following occur: (a) alcoholic beverages are served; (b) the establishment is located within five hundred (500) feet of a residential or apartment district; (c) the establishment operates at any time between 12:00 midnight and 2:00 a.m.; (d) the establishment excludes minors (persons under eighteen (18) years of age) during any part of the day, or provides entertainment audible from the adjoining property, provided a conditional use permit is obtained. 13. Establishments such as linen suppliers, freight movers, communication services and canteen services. obtained. 14. 15. 16. 17. Establishments which deliver merchandise in bulk by truck or van. Facilities for construction, maintenance and repair of vessels. Facilities for construction, maintenance and repair of vessels. Firewood preparation facility, provided a conditional use permit is 18.. Heavy equipment sales and services. 19.. Manufacturing, processing, extracting, packaging or fabricating establishments; provided that the following uses shall not be allowed' (i) explosive manufacturing, storage and distribution; (ii) petroleum processing; (iii) processing or outside storage of salvage, scrap or junk. 20.. Motion picture studios. 21. Printing, lithographic or publishing establishments. 22.. Public buildings and grounds. 23. Public utilities installations and substations including offices; provided storage or maintenance facilities shall not be permitted; and provided, further, that ,utilities substations, other than individual transformers, shall be surrounded by Category VI screening solid, except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require only Category I screemng, solid except for access opening. 24. Public utility transformer stations and major transmission lines and towers (fifty thousand (50,000) volts or more) prowded a conditional use permit is obtained 25. Radio or television transmission, cellular telephone antenna and relay stations, provided a conditional use permit is obtained. 26. Recreational facilities other than those of an outdoor nature. 27. Repair establishments; provided that no outside storage is included (excluding mobile operative equipment). 28. Satellite wagering facility, provided a conditional use permit is obtained. 29. 30. Vocational, technical, industrial and trade schools. Wholesaling, warehousing, storage or distribution establishments. 2. The Grantor covenants and agrees that: A. 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 and restrictions, including the authority (a) to order in writing that any non-compliance with such conditions be remedied and (b) to bring legal action or suit to insure compliance with such conditions including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings. B. Failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate. C. If aggrieved by any decision of the Zoning Administrator made pursuant to these provisions, the Grantor shall petition the governing body of Grantee for the review of such decision prior to instituting proceedings in court. MANBIL COMPANY, a Virginia general partnership Lloyd K. Ne~vman, Sr. ' Its: General Partner GREENWICH SUPPLY CORPORATION, a Vir~nia corporation Lloyd I~. ~e~~ Sr. Its: Secretary and Chief Executive Officer STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I/[~/cce~_./[} ~,a Notary Public in and for the City and State aforesaid, do hereb3~ c~rtify that LlOyd K. Newman, Sr., General Partner of Manbil Company, a Virginia general p e~rshiy, did acknowledge the foregoing instrument before me this ~7.~~ dayof~tn~ ,1995. · STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit; I .~~~/~ j ~ .(~~s./, a Notary Public in and for the City and State aforesaid do hereby'eerfifY4~at Lloyd K. Newman, Sr., Secretary and Chief Executive Officer of Greenwich Supply Corporation. a Virgin~ corporation did acknowledge the foregoing insmmaent before me this o~g ~ day of~//~,.~ , 1995. My/~o~ssion Expires: '"~/~oore.agr/c~/ -' Not~ry-l~ublic ~ E. XHIBIT PARCEL I ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia, more particularly bounded and described as follows: Beginning at a point in the southern line of Norfolk Southern Railway Company right-of- way, which point is S. 84 degrees 15' 20" E. a distance of 746. 12 feet from the intersection of the eastern line of Newtown Road and said southern line of the Norfolk Southern Railway Company fight-of-way, which intersection is shown on a plat entitled "PLAT SHOWING ARROWHEAD INDUSTRIAL PARK FOR LYNNBROOK CORPORATION KEMPSVILLE BOROUGH--VIRGINIA BEACH, VIRGINIA," dated December, 1966, made by Frank D. Tarrall, Jr. and Associates, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 71, at page 48; thence continuing along said southern line of the Norfolk Southern Railway Company fight-of-way S. 84 degrees 15' 20" E., a distance of 132.47 feet to a point; thence turning and running S. 18 degrees 12' 08" W. a distance of 351.05 feet to a point in the northern line of Arrowhead Drive; thence turning and running along said northern line of Arrowhead Drive N 71 degrees 47' 52" W., a distance of 129.35 feet to a point; thence turning and running N. 18 degrees 12' 08" E., a distance of 322.47 feet to a point in the southern line of the Norfolk Southern Railway Company right-of-way, the point of beginning. The above-described property is designated "PARCEL A-7, 1.000 Acre" on that certain plat entitled "PLAT SHOWING A PORTION OF PARCEL "A", ARROWHEAD INDUSTRIAL PARK FOR LYNNBROOK CORPORATION, KEMPSVILLE BOROUGH-- VIRGINIA BEACH, VIRGINIA" made by Marsh & Bagier, dated October 1, 1971, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 88, at page 52. PARCEL H ALL THAT certain piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, situate in the City of Virginia Beach, Virginia, more particularly, bounded and described as follows: Beginning at a point in the southem line of the Norfolk Southern Railway Company right-of- way, which point is S. 84 degrees 15' 20" E., a distance of 276.55 feet from the intersection of the eastern line of Newtown Road and said southern line of the Norfolk Southern Railway Company right-of-way, as shown on a plat entitled "PLAT SHOWING ARROWHEAD INDUSTRIAL PARK FOR LYNNBROOK CORPORATION KEMPSVILLE BOROUGH - VIRGINIA BEACH, VIRGINIA", dated December, 1966, made by Frank D. Tarrall, 3r., & Associates, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, in Map Book 71, at page 48; thence turning and nmning S. 29 degrees 30' 40" W., a distance of 245.87 feet to a point in the northern line of Arrowhead Drive; thence turning and nmning along said northern line of Arrowhead Drive along an arc of a curve to the fight, having a radius of 846.28 feet, an arc distance of 184.01 feet to a point; thence continuing along said northern line of Arrowhead Drive, S. 71 degrees 47' 52" E., a distance of 182.19 feet to a point; thence turning and running N 18 degrees 12' 08" E., a distance of 192.10 feet to a point in said southern line of the Norfolk Southern Railway Company fight-of-way; thence turning and nmning along said southern line of the Norfolk Southern Railway Company fight =of=way N 84 degrees lY 20" W., a distance of 324.16 feet to the point of beginning. /legal2 - 34 - Item IV-M.6 PUBLIC HEARING ITEM # 40163 PLANNING Attorney Morris H. Fine, 2101 Parks Avenue, Phone: 422-1676, represented the applicant Robert S. Miller, III, 5033 Rouse Drive, Phone: 490-9264 Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED Ordinances upon application of EDWARD B. AND JEM. N M. SNYDER, TRUSTEE, SNYDER FAMILY TRUST, CHECKERED FLAG MOTOR COMPANY, INC.: ORDINANCE UPON APPLICATION OF EDWARD B. AND JEAN M. SNYDER, TRUSTEE, SNYDER FAMILY TRUST, CHECKERED FLAG MOTOR CO, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R- 7.5 TO B-2 Z012951478 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward B. & Jean M. Snyder, Trustee, Snyder Family Trust, Checkered Flag Motor Co., Inc. for a Change of Zoning District Classification from R-Z5 Residential District to B-2 Community Business District on the south side of Virginia Beach Boulevard beginning at a point 265 feet east of Fair Meadows Road. The proposed zoning classification change to B-2 is for general commercial land use. The Comprehensive Plan recommends use of this parcel for suburban medium density residential at densities that are compatible with single family use in accordance with other Plan policies. Said parcel contains 3.29 acres. BAYSIDE BOROUGH. AND, ORDINANCE UPON APPLICATION OF EDWARD B. & JEAN M. SNYDER, TRUSTEE, SNYDER FAMILY TRUST; CHECKERED FLAG MOTOR CO., INC. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES R012952005 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Edward B. & Jean M. Snyder, Trustee, Snyder Family Trust; Checkered Flag Motor Co., Inc. for a Conditional Use Permit for motor vehicle sales on the south side of Virginia Beach Boulevard beginning at a point 265 feet east of Fair Meadows Road. Said parcel contains 3.29 acres. BAYSIDE BOROUGH. The following conditions shall be required: 1. Site improvements shall be in accordance with the development plan submitted to Planning Commission on November 8, 1995. 2. No outdoor intercoms or loudspeakers are permitted within 300 feet of the rear property line. All speakers shall be directed toward the front of this site. 3. All repair/service work shall be performed within the proposed structures. No outside repairs/service work is permitted. December 12, 1995 Item l~-M. 6 PUBLIC HEARING ITEM # 40163 (Continued) PLANNING These Ordinances shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of December. Nineteen Hundred and Nine~_ -Five. Voting: 11-0 Council Members Voting Aye: John ,4. Baurn, Linwood O. Branch, III, Robert IC Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E. Oberndo~ Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 12, 1995 - 36 - Item IV-N.1. APPOINTMENTS ITEM # 40164 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: AGRICULTURAL ADVISOR Y COMMISSION CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD PLANNING COMMISSION December 12, 1995 - 37 - CITY COUNCIL CONCERNS ITEM # 40165 Vice Mayor Sessoms referenced the application re the sale of alcoholic beverages at "drive-through" windows by a proposed establishment in the Resort Area of the City. Vice Mayor Sessoms asked that this issue come forward again, without Planning processes in place to address this issue properly. Vice Mayor Sessorns requested the Planning Director develop policies for City Council relative these types of applications. Robert Scott, Director of Planning, had attended a portion of the RESORT AREA ADVISORY COMMISSION Meeting and believed he could return with a recommendation suitable for City Council's consideration. Councilman Branch advised the RACC had addressed this issue. ITEM # 40166 Council Lady Parker inquired re the Golf Course on Seaboard Road, to be constructed in the Spring of 1996. The City Manager advised December First was the deadline for performance from Brassie Corporation, which they failed to meet. The City is negotiating with them and discussing terms for the cause of the delay. ITEM # 40167 Council Lady Parker referenced a letter re the discontinuance of the Anasazi Services Hotel Reservations Contract. The City Manager advised there wouM be no cost. A new RFP process is beginning with the intent to have a seamless transition from one service to another. ITEM # 40168 Council Lady Parker referenced her correspondence to Members of City Council concerning Mr. Rob Underhill and the issue of personal property taxes re the value placed on his car. He had been living in Chesapeake and moved to Virginia Beach within the past year. The two cities have different methods for evaluation as they relate to cars with high mileage. Councilman Heischober advised if the Commissioner of Revenue is requested to reduce the value of cars with high mileage, then the City would have to request he increase the value of cars with low mileage. This wouM, in effecg be rnala'ng him an appraiser. Mr. Robert Vaughan, Commissioner of Revenue, will present information during a future City Council Session. December 12, 1995 - 38 - CITY COUNCIL CONCERNS ITEM # 40169 Councilman Dean referenced the DRAFT of an Ordinance amending the Borrow Pit definitions. Information will be presented to City Council. ITEM # 40169 Councilman Dean referenced the response from Susie Walston relative the Green Run Little League. comparative report on Little Leagues was forwarded to Members of City Council; however, Mrs. Walston failed to depict Green Run Little League in her comparison. Councilman Dean did not understand why the City Council received same. ITEM # 40170 Councilman Dean referenced the letter and request from Tidewater Community College. Some of the issues were rather exorbitant, i.e, a sign stating "Rosemont Entrance" at a cost of $160,000. The memorandum from Dr. Buchanan, prior to this letter, also mentioned the possibility of moving the Highway Service Division as well as Public Works and the possibility of moving the SPSA Transfer Station. ]"CC also requested 1% of School funds. Councilman Dean requested a presentation from Tidewater Community College. The City Manager advised TCC has requested this for a couple of years and the City has indicated they did not believe they could provide this level of funding. These requests will go into the normal CIP Review Process. The City Council will review all projects in context with the Capital Improvement Program in March. The City Manager will advise Council's concerns. December 12, 1995 - 39 - ITEM # 40171 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct a second EXECUTIVE SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion or consideration of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, chsciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (1). To Wit: Appointments - Boards and Commissions: Agriculture Advisory Commission Chesapeake Bay Preservation Area Board Community Services Board Planning Commission PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). Social Services Buil&ng Upon motion by Vice Mayor Sessoms, seconded by Councilman Baurn, City Council voted to proceed into EXECUTIVE SESSION (4:55 P34.) Voting: 11-0 Council Members Voting Aye: John A. Baurn, Linwood O. Branch, III, Robert K. Dean, William W.. Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E. Oberndoff, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: None December 12, 1995 - 40 - ITEM # 40172 Mayor Meyera E. Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, C~ty tlall Building. on Tuesday, December 12, 1995, at 6:20 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William IV.. Harrison, Jr., Louis R. Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D Sessoms; Jr. and Louisa M Strayhorn Council Members Absent: tlarold Heischober and Barbara M. Henley December 12, 1995 - 41 - CERTIFICATION OF EXECUTIVE SESSION ITEM tt 40173 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTII~ SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9-0 Council Members l/'oting Aye: John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W. Harrison, Jr., Louis I~ Jones, Mayor Meyera E. Oberndorf,, Nancy IC Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn Council Members Voting Nay: None Council Members Absent: Harold Heischober and Barbara M. Henley December 12, 1995 Beso u on CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 40171 Page No. 39 and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in thc motion convening this Executive Session were heard, discfissed or considered by Virginia Beach City Council. ~t~th Hodges Semitfi, CMC/AAE City Clerk December 12, 1995 Item IV-O. ADJOURNMENT ITEM # 40174 Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:23 P.M.. Beverly O. Hooks, CMC Chief Deputy City Clerk Ruth Hodges Smitl~ CMC/A,4E City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia December 12, 1995 City of Virginia Beach PLANNING COMMISSION (804) 427-4621 FAX (804) 426-5667 OPERATIONS BUILDING ROOM 159 2405 COURTHOUSE DRIVE MUNICIPAL CENTER VIRGINIA BEACH VIRGINIA ~_3456-9040 December 14, 1995 Mayor Meyera E. Oberndorf and Virginia Beach City Council Dear Mayor Oberndorf and Members of the City Council ;n March of this year, you may recall a report being sent to jou from the Planning Commission, entitled Planning C(,mmission's 1995 Goals and Objectives This report conveyed the Planning Commission goals f(,r 1995 and an outline of work projects that we anticipated doing during the year. The projects were developed based upon the Planning Commission's cesire to move the City forward in a number of areas identified by the City Council in its Developm~-nt Goals for Virginia Beach. A number of committees were established at that time to carry out the identified projects. One of those committees was the Retirement Communities Committee, chaired by Barbara Ferguson, with Dan Arris and Betsy Atkinson as members, and Stephen White, of the Planning Department, as staffto the committee This committee was formed to work toward the City Council's desire to see the City possess a 'full range of housing opportunities: starter homes to retirement community,' as expressed in the Development Goals for Virginia Beach. Our Desired Outcomes, which derived from Council's workshop earlier this year The committee has been working very hard to learn all it can about retirement communities, the various types of communities, what the costs and benefits of such communities might be for the City, and what land use regulatory measures are necessary to allow such communities in Virginia Beach The attached report is a draft of the committee's work and recommendations to the Planning Commission on the subject of retirement communities The Planning Commission makes no recommendation to you on this issue but conveys the report to you for your intbrmation The Mayor Oberndorf and Members of the City Council December 14, 1995 Page 2 contents are interesting and the possibilities are exciting. If you should have any questions about the report, please do not hesitate to contact me or Barbara Ferguson, chair of the committee. Sincerely yours, E. IL Cockrell, Jr., Chainnaa Virginia Beach Planning Cmnmission C~ James Spore, City Manager Robert J. Scott, Planning Director Retirement Communities Committee. Barbara Ferguson, Chair Betsy Atkinson Dan Arris ERC/sjw Attachment Retirement Communities: A Report on their Potential for the City of Virginia Beach Introduction ,,,,,,,,,, ,,, The City of Virginia Beach's Comprehensive Plan, adopted March 5, 1991, notes that, "The three key planning issues relating to housing are the need to provide safe, decent, and affordable housing; diversification of dwelling unit types; and managing the quality of existing and future housing in the City," (p. II-B-7). The Plan also states as a policy that the City should, "Attain a strong and diverse profile of businesses that will advance the economic development objectives of the City," (p. II-G-8). This report discusses the potential of retirement communities to help the City achieve this economic development objective as ,','ell as address the ~dent~fled planning issues related t~ housing, especially ~n regard to the diversification of dwelling unit types. In February and March of 1995, both the City Council and the Planning Commission ~dent~fled the attraction of retirement communities to Virginia Beach as a potential economic development tool. The Planning Commission appointed a Retirement Communities Committee to research retirement communihes and to prepare a final report for the Planing Commission as to the results of their research and to present any recommendations. This report is the result of the Committee's work. The Aging Population Older persons (those individuals over the age of 65) make up one of the fastest growing segments of the American population. "In 1983, for the first time in history, there were more people older than 65 than were younger than 25; in 1990, one in e~ght were over 65," (PAS, 3). By 2030, almost 66 million, or nearly 22 percent of the nation's population, are expected to be at least 65. Currently, one out of every four people in the nation is more than 50 years of age. The elderly are also the fastest growing segment of Virginia's population. By 2020, the elderly w~ll consist of 15.7% of the total population of the state (up from the 1980 figure of 7.3%). "The most rap~d increase in the s~ze of the older population is expected after the year 2011, when the baby boom generation (born 1946-64) begins reaching the age 65," (1, Aging ~n the 21st Century.). DRAFT Retirement CornmumUes ^ Report on TheIr PotentIal for V~rg~ma Beach Page 2 The proportion of the population of the City of Virginia Beach that is 65 years of age and older is 6%. As can be seen by the chart below, however, the age group of 20-54, which includes the "Baby Boom" generation and which is the largest group, will soon be entering the retirement age group. For Virginia Beach, this is significant due to the changes Population by Age th~s will force in types of C~y of Virginia Beach services demanded and housing needs. Within the next two decades, the City will see an increase in the demands from this group for new housing _. opportunities and services ~200 designed to meet their needs. Additionally, as will be described below, the City and the surrounding region has a =400 high level of attrachveness to -' o 50 /' retirees. This could result in an additional influx of retiree aged individuals and households o , , , , . entering the City. It is highly 0-19 20-~4 56-64 66-74 75-84 ov®r likely that by the year 2020, 20% or more of the City's population could be aged 55 and over. It should be noted that for housing purposes, until 1995, the age 65 was considered to be the general standard used to define the beginning of the 'retiree age' group. Recent changes in Federal housing regulations, however, have reduced that initial age to 55. For the purposes of this report, therefore, retirement age begins at age 55. Impacts of Retirees on Community To fully appreciate the potential impacts of the older population on the community, the following facts need to be understood. Migrant retirees may have a substantial impact on the community in which they choose to rehre. Much of the impact takes the form of increased tax revenues and investment and employment opportunities: regular expenditures for food, clothing, personal care, operation and maintenance of vehicles, and home maintenance; DRAFT Retlrernent Cornmunlt~es A Report on Their Potential for ¥~rglma Beach Page 3 major one-time expenditures for housing and consumer durables; ~ncreases ~n employment resulting from ~ncreased demand for routine health care services, housing, food-related services, and clothing; increased ~nject~on of income and other financial assets available for local investment; and larger pool of volunteers with professional and technical skills, knowledge, and experhse. Average household income of this group is $67,000 and average net worth ~s $449,000. (36, Virginia Business) A study by the University of South Carolina concluded that each retiree that relocates to a jurisdiction has as much of an economic impact as 3.7 manufactunng jobs. "In addihon to the normal increase in service and construction jobs that comes w~th any population growth, .... increased numbers of relocaung seniors will likely bnng with them a need for more health care services. There will also be a rise in local bank deposits as the checks roll ~nto the community [from the Federal and State governments and pension plans]." (36, V~r~n~a Bus~ness) Retirees have fewer vehicle trips per day, thereby resulting ~n a m~n~mal ~mpact on the transportation system where they are located. Substantial increases ~n the number of retirees may also result in: increased demand for general government services, such as police and fire protection; growing need for health care services, though most of the costs of such care for older retirees will be met by private and government health ~nsurance; and potential increased demand for programs associated with the effects of advanced age, e.g., transportahon; home care, and ~ncome maintenance." (Appendix I, A_eing) "The literature on rehrement migration describes it as a net gain to the retirement state and community. In considering a retiree attraction program as an economic development strategy, state and local governments should analyze the d~fferential impact which such a strategy would have ~n the short and long term. Retirees w~th h~gh incomes will ensure a relatively stable source of income with positive impact on tax revenues, employment, and business opportunities. Retirees in declining health may place additional demands on social and health services delivery systems," (Appendix I, A_~ing) DRAFT Retirement Commumt~es A Report on Their Potential for V~rg~ma Beach Page 4 I These few facts reveal that this age group is diverse in its needs, but overall, can provide a substantial positive economic impact on the community. The key to being successful in attracting retirees is to minimize the negative impacts through the attraction of a good mix of types of older persons. The right mix allows the positive economic impact of the retirees to cover the costs of any additional impacts that they may cause. The diversity of this group is critical to understand. These individuals are more different from each other than they were at any previous time in their life. The table below defines the various sub-groups of older persons: 50-64 "Young Old" 65-74 "Seniors" 75-84 "Elderly" Demand exerase eqmpment, cosmetics, luxury cars, ~nvestment adwce and travel. Spend substantial money on grandchildren. Have most free t~me. Concerned about d~et and med~anes. Travel a lot. Enjoy restaurants and leisure actw~t~es. Priorities are health care and ma~ntmn~ng their ~ndependence. Spend up to 25% of their income on health services. over 85 Need support services, ~nclud~ng ~n-home services and general health care. From The Mature Market. by Robert Manchm Each of these groups have different needs, and as a result, their demand for housing types reflect the stage at which they are at in their retiree years. Housing_ Types It is ~mportant to understand the various types of housing that retirees need and which type is being most addressed by this report. , , , Active-Retirement Master-planned commun~hes of s~ngle-fam~ly homes, usually for sale, that possess Communities golf courses, tennis and other recreatmnal faal~t~es, and necessary services (small (ARC) stores; pharmacy; small medical faal~ty; etc.). A~med at the youngest, health~est senmrs (many of whom barely qualify for membership m AARP). The community sometimes possesses one or more of the following types of housing, thereby prowd~ng the sen~or w~th the ability to stay in the same community for the remainder of their I~fe. , Independent-L~v~ng Also known as Congregate-Care faal~t~es. They are designed for elderly residents Communities (ILC) who can essentially take care of themselves, but w~sh to lessen the burdens of daily I~vlng, such as driving, coobng, and cleaning. These faalit~es are often apartment- or hotel-I~ke structures, offering private I~v~ng areas and central, restaurant-style d~nlng services. Most of these individuals are over the age of 60. DRAFT Rettrement Commumttes A Report on Thmr Potential for Wrg~nma Beach Page Ass~sted-Uwng These faalmes offer support services ~n the areas of dmly I~v~ng, which ~nclude Facll~hes (ALC) dressing and grooming, to~let~ng and bathing, preparing meals, taking medication, and gethng around. These are often rental properties. Continuing-Care These are s~m~lar to ILC's, except they are often located on large campuses and Retirement provide ~ndependent Iw~ng, assisted I~v~ng and skilled nursing care all on the same Communities premises Ind~wduals rather buy their property, or pay an "entrance fee," which can (CCRC) run ~nto the hundreds of thousands of dollars A s~zable monthly "maintenance" fee ~s also usually required (th~s fee goes toward various medical and soaal services). Nursing Homes Also known as "skilled-nursing facilities." Mostly deal w~th elderly residents who are e~ther convalesang from a hospital stay or need 24-hour nursing care. From "To Buy or Not To Buy,"/vlld-Atlanuc Country_. August, 1994, p 70-72. This report is focused on the active-retirement community and its potential for Virginia Beach. It should be noted, however, that depending on the desire of the developer, a community of th~s type that contains housing options for each sub-group would prove to most beneficial to the City. Any policy or regulations that may arise from the results of th~s report should consider allowing master-planned communities of this type. What Do Retirees Look For ? According to a report by the Virginia Secretary of Health and Human Resources, entitled Aging in the 21 st Century. (1995), there are two overall categories of retirees: Relocated and Military. Within the Relocated category, there are three subcategories: Seasonal (seek temporary respite for part of the year from the harsher climates of the Northeastern and upper Midwestern sections of the country); Permanent (expect to live all or a substantial portion of their remaining life in the destination community); Return (return to the communities from which they originally moved). Of interest ~s the "Permanent" category of retirees. "They are familiar with the retirement communities because they have vacationed there in the past, other family members are already liwng there, and/or they are familiar with the social service supports in the community," [emphasis added], (Appendix I, Aging) "CHOICE OF A RETIREMENT LOCATION. Surveys have identified a number of factors which the potential retiree considers in choosing a community in which to retire: climate, particularly if the retiree sees ~t as having an impact on h~s health status; Iow population density and Iow crime rates as ~nd~cators of the quality of life ~n the retirement comm un ity; Iow cost of living in the retirement community, particularly property taxes and housing and other basic living costs; accessibility to social supports such as family and friends; DRAFT RetIrement Communmes ^ Report on Their Potenttal for Vtrg~ma Beach Page 6 availability of health care, social services, and leisure-time activities; familiarity with the retirement community, usually because he has spent vacation time and has developed personal contacts there; and/or other factors impacting his lifestyle, such as change in marital status and dissatisfaction with current housing conditions," (Appendix I, Recommendations The Planning Commission's Retirement Communities Committee concludes that the attraction and retention of retirement-age individuals as permanent residents of 'retirement communities' would be beneficial for the City of Virginia Beach as a means of improving the economic diversity of the community as well as the City's social and cultural diversIty. More detailed economic impact study may be warranted, but on its face, the attraction of retirement communities to the City appears to be good a economic development strategy. The Committee, therefore, recommends the following actions: (1) Comprehensive Plan: As part of the update of the 1991 Plan, which has recently started, the Committee recommends that policies and objectwes be inserted in the appropriate sections of the Plan, outlining the attraction of retirement communities as an economic development strategy, providing guidelines as to the appropriate location for such communities, and providing guidelines as to the appropriate design of the communities and the types of amenities· (2) Zoning Ordinance: There are two available options: (a) Development of a Planned Retirement Community (PRC) Zoning Category: Using the PDH categories as a basis, develop a new category of planned development, specifically designed for retirement communities. This category would allow for a master-planned community that would consist of the housing units, the commercial and other needed services, recreation facilities, and any health care facilities within the development. It would be a true planned development, but would be designed around the needs of retirement- age individuals. A legal opinion from the City Attorney's Office has been obtained on the question of whether a residential zoning category could be designed to specifically allow only retirement-age individuals. The Attorney's Office has indicated that recent State and Federal Court rulings as well as recent Federal housing regulations provide the City with the ability to create such a district. DRAF]' Ret,rement Commumt,es A Report on TheIr Potential for V,rg~n~a Beach Page 7 (3) (4) (b) Develop a Conditional Use Permit Category: This option entails development of a new CUP category regulate retirement communities. While this option is workable, it does not provide as much flexibility and control as a new zoning category. (c) Use Existing CZO Regulations: A retirement community could be constructed using existing zoning regulations. The community would be "master-zoned" with a variety of zoning districts. This technique has been used in the past for planned developments; i.e., Lake Ridge. Marketing Strategy: The Committee recommends that the City develop a marketing strategy and program that is directed at enhancing Virginia Beach's place in the national marketplace as a destination for retirees and attracting them to the City through a vanety of incentive methods. Amend § 111 of the CZO: To be consistent with recent changes in Federal guidelines regarding housing for older persons, the definition of "Homes for the aged .... "needs to be amended so that the 62 years of age limit is reduced to 55 years of age. DRAFT November 27, 1995 City of Virginia Beach O[F<E OF i~.It Cq'" MANAGER (80'i i 497 FA"(1804) '~')~ TDD {804) 42~ 4305 December 14, 1995 MUN'C~PAL CENTER VIRGINIA BEACH V~RG'NIA 234,56 9001 The Honorable Meyera E. Oberndorf and Members of City Council Re: Shore Drive Hazard Elimination Study Report, CIP 2-285.41 Dear Mayor and Council Members: Attached is a copy of the Shore Drive Hazard Elimination Study and a memo from the Director of Public Works which summarizes the report. This study focused on identifying hazards and potential corrective actions along Shore Drive from 83rd Street westward to the west gate of Fort Story. A presentation of the report for Council is planned for your meeting on December 19, 1995. With Pride In Our City, · Spore anager JKS/RAS/nfe Attachments cc: Ralph A. Smith, PE City of Virginia Beach INTER-OFFICE CORRESPONDENCE December 13, 1995 TO: James K. Spore DEPARTMENT: Executive FROM: Ralph A. Smith DEPARTMENT: Public Works SUBJECT: Shore Drive Hazard Elimination Study Report, CIP 2-285.41 The Shore Drive Hazard Elimination Study was undertaken to determine the extent of the roadway hazards on Shore Drive between 83rd Street and the west gate at Fort Story and to identify potential corrective measures. The study included the analysis of the accident history for the last four years, a site investigation to determine the physical attributes of the roadway, a tree survey, and development of recommendations for corrective measures. Two public meetings were held during September of this year and input from those meetings was synthesized into the report. The following summary highlights the major findings: The roadway geometry is adequate; however, the shoulder areas are inadequate being too narrow with fixed objects in close proximity to the travel lanes. Two of the major features of reported accidents appear to be the relative inability of vehicles to recover control once they run off the paved roadway. Also, some areas have steep shoulders and deep ditches. Ten of eighty-three accidents during the report period were fatalities and nine were run-off the road type accidents involving impact with a tree. (Report statistics did not include the recent October 31, 1995 accident/fatality. However, the initial police report fits the description of the typical driver involving impact with trees.) The typical driver involved in a fatal accident is young, travelling westbound at night, speeding and may have been drinking. He or she runs off the road, loses control and hits a tree. The recommended corrective measures are, in no particular priority: Continue the special police enforcement activity Place paved shoulders along both edges of the roadway. Use a lO-foot width for the right and 6-foot for the left shoulders. Install a milled rumble strip in the shoulders. Install guardrail at those areas with deep ditches. James K. Spore December 13, 1995 Page 2 Subject: Shore Drive Hazard Elimination Study Report, CIP 2-285.41 Overlay pavement in those areas identified near curves were waviness or unevenness was detected. Install milepost markers to assist emergency vehicles in locating accident scenes. The report also recommends phasing the improvements. First consideration is the westbound direction. The total costs associated with the improvements (excluding police enforcement) is $549,994 for the westbound lanes only and $1,059,125 for both eastbound and westbound directions. Since funds are currently limited to an available grant, we plan to only proceed with the westbound lane improvements. We are prepared to brief Council on the details of the Shore Drive Hazard Elimination Study Report. A copy of the briefing packet is attached. I am available to discuss this at your earliest convenience. Ralph A. Smith, PE Director RHN/RHN/nfe Attachments STUDY REPORT SHORE DRIVE HAZARD ELIMINATION PROJECT FORT STORY ENTRANCE TO 83rd STREET for the DEPARTM-ENT OF PUBLIC WORKS CITY OF VI~GINIA BEACH, VIRGINIA DECEMBER 1995 LARSEN ENGINEERS, INC. I LARSEN ENGINEERS, INC. ! i 5501 GREENWICH ROAD, SUITE # 120, VIRGINIA BEACH, VIRGINIA 23462 TEL (804) 456-9714 FAX (804) 456-9717 December 8, 1995 BELTSVILLE, MARYLAND VIRGINIA BEACH, VIRGINIA Mr. John W. Herzke, P.E. City Engineer Department of Public Works Municipal Center Virginia Beach, VA 23456 Re: Shore Drive Hazard Elimination Project, West Fort Story Entrance to 83rd Street, Virginia Beach, Va. Dear Mr. Herzke' This letter will transmit thirty-two (32) copies of our report in satisfaction of Phase I of the subject project. This study was conducted pursuant to our agreement dated October 12, 1994. The scope of this project was to study and design improvements to mitigate the accident rate on Shore Drive from Fort Story Entrance to 83rd Street. Recommendations to accomplish this objective are included herein. In response to the charge, we performed in depth analyses of conditions and events to determine those improvements that would be suitable for the current facility and cost effective for the City of Virginia Beach. We note of the importance of the Shore Drive environment to the community. The treed areas on both sides, and indeed over, the roadway provide an unique driving experience. Our staff was sensitive of the need to preserve this beautiful area as we developed appropriate recommendations. We acknowledge, with appreciation, the assistance of City staff in providing ~nformation and their experiences in the subject area. We are available to present our findings about this material or provide more detail. If you have any questions, please do not hesitate to call. Very truly yours, LARSEN ENGINEERS, INC. Lawrence Gassman, P.E. Vice President ENGINEERS · ARCHITECTS · SURVEYORS · CONSTRUCTION MANAGERS TABLE OF CONTENTS LETTER OF TRANSMITTAL PAGE NO. Front EXECUTIVE SUMMARY 1. OBJECTIVES 2. GENERAL DESCRIPTION 3. EXISTING CONDITIONS 4. ORGANIZATION OF STUDY PROCESS 5. FIELD INVESTIGATIONS AND REPORT 6. LANDSCAPE ARCHITECT'S REPORT 14 7. INTERVIEWS 8. TREE LOCATION SURVEY 9. TECHNICAL STUDIES AND ANALYSIS OF DATA 15 16 17 10. ACCIDENT ANALYSIS 20 11. ACCIDENT REDUCTION MEASURES 12. DISCUSSION 24 26 13. RECOMMENDATIONS 28 14. BICYCLES 15. PHASED IMPROVEMENT PROGRAM 32 33 16. ESTIMATE OF COST 35 17. BENEFIT/COST ANALYSIS APPENDIX A: LANDSCAPE ARCHITECT'S REPORTS 36 38 APPENDIX B: COMMUNITY INFORMATION MEETINGS 40 SHORE DRIVE HAZARD ELIMINATION PROJECT FOR THE CITY OF VIRGINIA BEACH, VIRGINIA LARSEN ENGINEERS, INC. PROJECT V9410 EXECUTIVE SUMMARY Introduction A number of serious and fatal accidents have occurred in the eastern section of Shore Drive. In particular, the frequency of single vehicle fatal accidents appears to be out of the normal expectation for this type of roadway. Accordingly, this section of Shore Drive was targeted for study and recommendations. The west end of the study area is at the west entrance to Fort Story and the eastern extremity is at the intersection with 83rd Street. The study area itself is about 3.2 miles long. Fort Story lies to the north of the roadway and First Landing State Park to the south. Although located in the incorporated limits of the City of Virginia Beach, the roadway has the characteristics of a rural or semi-rural highway. The roadway alignment, within the study segment, is primarily straight with four large radius curves at various location. The only turning movement within the project limits is a driveway (known as the Coast Artillery Road) which exists near the middle of the project. The roadway consists of two twenty-two feet wide pavements separated by a fifty feet wide median. The posted speed limit is 55 mph in the study area except for eastbound traffic at the eastern end approaching the residential area. There is a traffic signal at the east end of the project at 83rd Street and a flashing yellow/red beacon at the west gate to Fort Story at the west end of the project. Shore Drive passes through relatively level topography. Along both sides of the road, a dense forest exists in proximity to the edge of pavement. The tree canopy overhangs the travelled way, and in sections of the westbound pavement, the canopy shadows the roadway. There is no street lighting throughout the segment. Field Studies The general roadway characteristics meet current design standards for the posted speed limit. However, several problems at the sides of the road were found: Larsen Engineers, Inc. Study Report V9410 A) The shoulders are unpaved and are either grassed or sandy. B) The distance to fixed objects (trees) for vehicles leaving the road generally ranges from a minimum of 10' to 12' (See Map C) to more generous clearances. C) The pavement edge is exposed and often drops off at the edge from previous pavement overlays and erosion of the shoulder. D) In sections, the shoulder itself grades steeply into ditches of 3 to 5 feet depth without protection. Accident Experience Although the roadway design appears adequate for posted speeds, there have been an excessive number of run-off-the-road accidents in the last four years. There were a total of 83 accidents from 1991 to 1994 in this section involving 94 drivers. Of these, 10 were fatal accidents with 19 individuals killed. Only 2 accidents involved commercial vehicles. Pavement Conditions - Of all accidents, 73% (60 of 83 accidents) occurred on dry pavement. Direction of Travel - Of all accidents, 63% (52 accidents) were in westbound lanes. Alcohol Related Accidents - 38% (32 of 83 accidents) of accidents during the 4 years involved alcohol. Tree Impacts - Of all accidents recorded, 64% (53 of the 83 accidents) involved impact with trees. Daylight Accidents - More than half of all accidents occurred at night, Accidents due to Speeding - About 19% (1 6 of 83 accidents) of the drivers who were involved in accidents were reported to be speeding. Larsen Engineers, Inc. Study Report V9410 Fatal Accidents - The analysis revealed that of the 10 fatal accidents: were one-car accidents were run-off-the-road type where the vehicle impacted a tree were speeding were alcohol related occurred at night occurred in the westbound lanes. The'typical driver involved in a fatal accident is young, travelling westbound at night, speeding and may have been drinking. He or she runs off the road, loses control and hits a tree. However, certail characteristics of the roadway environment may contribute to the seriousness of these and other accidents. Two of the major features of reported accidents appear to be the relative inability of vehicles to recover control once they run off the 'paved roadway and the large number of accidents involving collision with trees. The horizontal clearance from the edge of roadway pavement to the nearest obstruction is an important factor affecting safety of the roadway. Drowsy or inattentive drivers are believed to be an underreported statistic on accident reports. ~ Recommendations The four major problems identified (not in priority order) are: 1. Speeding Drivers and Drivers under the influence of alcohol and drugs. 2. Unpaved and unstable shoulders 3. Steep shoulders and deep ditches 4. Presence of substantial diameter trees in proximity to the travel way. Actions - The City Polme have had a special enforcement program in place on Shore Drive for the last two years. This program should be continued. Larsen Engineers, Inc. Study Report V9410 Paved shoulders should be placed along both edges of each roadway. The width of the right shoulder should be 10 feet and the width of the left shoulder (median side) should be 6 feet. The right shoulder can accommodate bicycle traffic. Safety rail (guard rail) should be installed in areas where steep shoulders or deep ditches are found in order to retain vehicles that lose control. Overlays of selected areas of pavement near identified curves should be installed to eliminate waviness or unevenness of pavement detected in these areas. Installation of a milled type of rumble strip on both sides of the roadway is recommended to alert drivers drifting off the road. Installation of milepost markers is recommended to assist emergency vehicles responding to calls and aid in pinpointing accident locations. Phased Improvement Program Due to funding constraints, implementation of improvements may need to be phased. The recommendations are listed to treat the serious accident probabilities in priority order. PHASE I · Construct 10' right shoulder and a partial 6' median shoulder in the westbound direction. This would require the removal of 342 trees over the three mile area to accommodate the shoulder construction. · Install rumble strips on the shoulders. · Place safety rail in selected areas of deep ditches in the westbound direction (left side). · Overlay pavement in selected areas in the westbound direction. · The Police Enforcement program currently in effect should be continued and expanded. Larsen Engineers, Inc. Study Report VS410 PHA$.,E i,! · Construct 10' right shoulder and a partial 6' median shoulder in the eastbound direction. The removal of 3 trees would accommodate the shoulders. · Install rumble strips on the shoulders. e Place safety rail in selected areas of deep ditches in the eastbound direction (left and right sides). e Overlay pavement in selected areas in the eastbound direction. Estimate of Cost PHA$.E. I - TOTAL COST $549,994 PHASE II- TOTAL COST $509,131 GRAND TOTAL (PHASES i, II) $1,059,125 Benefit/Cost Analysis A Benefit-Cost analysis produced the following results Phase i Phases I, II Total Benefits $ 9,765,500 $13,671,700 Total Costs $ 574,994 $1,109,125 B-C Ratio 17:1 12:1 SHORE DRIVE HAZARD ELIMINATION PROJECT FOR THE CITY OF VIRGINIA BEACH, VIRGINIA LARSEN ENGINEERS, INC. PROJECT V9410 STUDY REPORT 1. OBJECTIVES This project was initiated to study and design improvements to mitigate the accident rate on Shore Drive between the west entrance of Fort Story and 83rd Street, 2. GENERAL DE$¢RIPTION Shore Drive (SR 60) is a four lane divided arterial highway running east-west along the north edge of the City of Virginia Beach. To the west, Shore Drive passes through a mixed commercial and residential area including the Little Creek Amphibious Base. Further east, the roadway turns south into Atlantic Avenue and becomes a major arterial and beach access road. The project area itself is about 3.2 miles long. It begins at the west entrance gate to Fort Story and ends to the east at 83rd Street. (See Map A). Fort Story abuts and lies to the north of the roadway, and First Landing State Park (formerly known as Seashore State Park) is to the south. Although located in the incorporated limits of the City of Virginia Beach, the stretch of Shore Drive under study has the characteristics of a rural or semi-rural highway. A number of serious and fatal accidents have occurred in the eastern section of Shore Drive drawing attention of the public as well as City officials and staff to this area. In particular, the frequency of single vehicle fatal accidents appears to be out of the normal expectation for this type of roadway. These events prompted the City to post a motorist information sign as a warning to westbound traffic at the east end of the project. It indicates there have been 57 fatalities on this section of Shore Drive since 1977. Reports for the period 1991 through 1994 indicate a total of 83 accidents occurred including 10 fatal accidents. Z 0 Z Larsen Engineers, Inc. Study Report V9410 Accordingly, the east section of Shore Drive was targeted for study and recommendations. For the full length of the project, the abutting areas are undeveloped and held for public purposes. Future development is not likely. 3. EXISTING CONDITIONS The roadway generally consists of two twenty-two feet wide pavements separated by a fifty feet wide grassed and treed median. There is a traffic signal at the eastern end of the project at 83rd and a flashing yellow/red beacon at the west gate to Fort Story at the west end of the project.~ There are no other traffic signals in the project limits. Shore Drive passes through relatively level topography with no significant grades. The clear zone (the area from the pavement edge to the nearest fixed object) on either side of the pavement generally ranges between a minimum of 10' to 12' to more generous clearances. The shoulders are unpaved and are either grassed or sandy where the grass is not established. Along both sides of the road, a dense forest exists in proximity to the edge of pavement. (See Fig. 1 .) The tree canopy overhangs the travelled way in sections of the westbound pavement. During the daytime, when the canopy shadows the roadway, it decreases the effective vision of the motorist. There is no street lighting throughout the segment. The roadway alignment is mostly straight with four large radius curves, two at the western end, one in the middle and one at the eastern end. For purposes of this report, they were numbered one through four from west to east. (See Map A) The only turning movement points along the project limits are at the access to Fort Story at the west end of the project; and a driveway (known as the Coast Artillery Road) which exists on the north side of the roadway near the middle of the project. It is gated and inaccessible to the public. Short left side speed change lanes and a median opening exist at this latter location for U-turns. A baseline was established by survey for the roadway itself measured from west to east with Milepost 0 set at the center of the Fort Story entrance. The difference in elevation between the two road beds generally is small but reaches several feet in some curved areas. ~Note: This entrance to Fort Story ~s variously called "Shore Drive" and "Atlantic Avenue" on accident reports while the presently used road often is referred to as the "Shore Drive Bypass". Larsen Engineers, Inc. Study Report V9410 The posted speed limit is 55 mph for the study section, except for eastbound traffic at the eastern end approaching the residential area, where the speed limit decreases to 45 mph, then successively to 35 mph and 25 mph prior to the 83rd Street traffic signal. There are several bands of thermoplastic strips (rumble strips) across the eastbound lanes in the decreased speed zone, accompanied by traffic signs to provide an auditory (physical) and visual reminder to the motorist of the changed traffic situation for the approaching intersection. 4. ORGANIZATION OF STUDY PROCESS The study was organized in the following fashion. First, the existing roadway, environment and records were studied to determine if there were any faults, deficiencies or conditions which caused or contributed to accident occurrences. This analysis should reveal the relationship between the roadway's design features and the operating speeds. Second, the behavior of drivers was studied to determine if they were operating within generally accepted and expected operating parameters. A) Study Phase - During this phase, the following work was done: Land Surveys - Measurement of field conditions [superelevations, topographic features, curve measurements] and identification of obstacles Accident Records Analyses to determine leading causes of accidents and conditions prevalent at such occurrences Examination of surface and field conditions Photologging field conditions of concern during inspections Speed and volume Surveys Tree/Forest Surveys Lighting Conditions Environmental constraints or conditions Bank Indicator, Superelevation Studies Interviews B) During the second phase, a determination of the predominant problems found and their analyses would identify answers to questions such as: Larsen Engineers, Inc. Study Report V9410 Who is the primary population involved in accidents? What are the leading causes of accidents? Do speeding and substance abuse contribute significantly to the experience? What effect do existing pavement and shoulder conditions have on the occurrence of accidents? Is the proximity of trees a contributing cause? Is unfamiliarity with the roadway a contributing cause? What effect does wet weather have on accident causation? Do lighting conditions contribute to accident occurrence? accident Answers to the above questions would be studied in relation to the effectiveness of corrective actions available. Some of the measures that can be considered for implementation (not in priority order) include: Geometric Changes in Roadway (Smoothing the Curves) Pavement overlays Shoulder paving and/or marking - including special shoulder treatments Street Lighting Safety Rail Installation Adjusting curve superelevation Selective Tree Removal Speed Limit Reduction Skid Resistance of Pavement (waviness) Additional Traffic Control Devices Police Enforcement 5. FIELD INVESTIGATIONS AND REPORT Introduction In order to understand the operating conditions along Shore Drive, two man teams surveyed the length of the project on several occasions. The teams consisted of traffic and civil engineers, landscape architects and survey party members who had done the project base surveying. The method used was to walk the project in both directions, photo logging basic areas of concern and observing the following features: Larsen Engineers, Inc. Study Report V9410 -Overall Area Environment -General Roadway Condition -Clear Zone Recovery Area -Types of Hazards close to the roadway edge -Shoulder Maintenance -Operation of the Vehicles along the roadway -Conditions around Accident Sites -General Impressions In addition, a basic survey of the roadway was conducted to determine superelevation of curves, curve sharpness, topography, etc. The team spent a number of days in the field, over a period of time, observing the operating conditions and photo logging specific features. The first trip was on February 11, 1995. Subsequent trips were conducted to reexamine specific areas of hazard, measure tree locations and observe operations during varying conditions. They reported as follows: A. Overall Area Environment The roadway section under study passes through a Iow lying area. The north boundary of the roadway right of way is contiguous to the south boundary of the Fort Story Army Post for most of its length and the remainder passes through the First Landing State Park. This roadway is within the corporate limits of the City of Virginia Beach. However, by land use and topographical conditions, the road can be considered a "Four lane divided rural roadway". The roadway passes through Iow sand dunes and a swampy area. In some places the road is elevated as much as five feet above the surrounding area. The topography of the abutting lands are heavily wooded section with tall trees near the highway. During the summer months, they produce an intermittent shadow effect on sections of the roadway. B. General Roadway Conditions The roadway alignment is basically straight with large radius curves near each end of the study area and one near the center. The road surface is asphaltic concrete and appears to have been resurfaced within the last few years. The surface condition is good and, from casual observation, there is no indication that water ponds on the road surface. However, it is noted that such reference appears in accident reports for the period studied. Areas of Iow shoulder were observed to be potential ponding areas next to the travel lanes. lo Larsen Engineers, Inc. Study Report V9410 Lane and edge markings are present and appear to be correctly applied and in reasonable condition. Raised pavement markings have been installed sometime in the past. In sections, they are in poor condition. The roadway shoulders are grassed or sandy and of varying widths along both sides of the east and westbound pavements in a variety of maintenance states. At several locations, there are pavement edge drop-offs of 1-3 inches, the result both of asphalt resurfacing which raised the pavement elevation, but was slightly narrower than the underlying pavement leaving a 2 inch lip, and wearing of the shoulder surface at the edge of the pavement. It appears that "Crusher Run" stone has been placed along the edges to a width of about four feet along the outside shoulders. No evidence of any stone placed on the median shoulder was observed. If the stone were continuous along the outside shoulder at one time, sand intrusion and erosion has obliterated much of the work. Clearance from the pavement edge to the tree line averages about fifteen feet on the outside shoulder with median clearances being less than twelve feet (to be further defined herein). In some areas, vegetation was so close to the roadway that branches overhung the inside travel way. Some settlement of the roadway appears to have occurred as it passes through the swamp areas giving the roadway a wavy effect. (See Map B) This effect is very noticeable just down stream of the curve areas except for the westbound western most curve (Curve 1 ). C. Clear Zones and Recovery Areas The "clear" zone along the road (clearance from the pavement edge to obstructions) is the same as the shoulder area averaging fifteen feet on the outside and less than twelve on the median side. Several areas of "Low Shoulders" were noted. (See Figure 2). Sharp drop off areas or steep slopes were noted, for a considerable length of the Study Area was noted, as close as four feet to the pavement edges along the median side where the total elevation difference to the bottom of the ditches was three to five feet in areas of standing water. Similar conditions were noted within ten feet of the outside edge of the roadway. These latter locations involved ditches of fairly deep configuration placed for roadway drainage and are more evident in the eastbound direction. At the east end of the project, the east bound approach to the traffic signal at 83rd Street appears to have been improved and widened leaving a good recovery area. ~ uJ w ~ 0 0 6 ,I ,I, I i,M Larsen Engineers, Inc. Study Report V9410 D. Types of Hazards close to the Roadway Edge The only manmade hazard found close to the pavements is a piece of two inch pipe extending above grade at the east end of the project. The pipe is located on the north side of the road and should be removed or relocated. The presence of fire hydrants is noted as a water line apparently exists on the north side of the westbound pavement. It also is noted that there is a Bell Atlantic Fiber Optics cable running under the eastbound right shoulder. All other hazards noted are naturally occurring. The close proximity of the tree line is most noticeable. The general size of most trees near the pavement are four inches or under in diameter, and these are normally easily overpowered by a car without creating severe impact injury to the occupants. However, many trees in this same area are larger with some as large as twenty four to thirty six inches in diameter. (See Figure 3) Trees of this size present a high risk to drivers. In fact, trees of 6" or more in diameter can cause injury to drivers and passengers upon impact. We observed many trees on both sides of the road that showed evidence of vehicle impact both freshly marked and aged. The other hazard of note is the condition of the natural shoulders and the presence of sand on the shoulders. Many areas of loose soft sand are present throughout the project. Some of this sand is associated with the sand dunes, but most of it occurs in flat areas of loose sand. In general, shoulder maintenance is less than desirable. Shoulder washout areas were observed along the east bound lane. Low wet areas are evident in the median predominantly in the east half of the study area. The condition of the shoulders and particularly the combination of sand shoulders, steep dropoffs (both at the pavement edge and median side) create difficult maneuvering problems for vehicles especially if they leave the roadway at a high speed. (See Figure 4) E. Operation of Vehicles Along the Roadway Vehicle maneuvering and operations were observed throughout the study area. Traffic operates at a fairly comfortable level of service in this area and passing or lane change maneuvers are done without difficulty. In fact, very few multiple car accidents have been recorded. Lane widths also are adequate for this type of roadway. During the survey periods and field visitations, no vehicles were observed operating at speeds that seemed to be too fast for the roadway although isolated speeding occurrences were recorded. See speed studies. In the areas where the roadway settled, leaving a wavy alignment, cars seemed to be 12 LARSEN ENGINEERS, INC. TREE IMPACTED BY VEHICLE FIGURE 3 LARSEN ENGINEERS, INC. UNPAVED SHOULDER (Curve # 1) FIGURE 4 Larsen Engineers, Inc. Study Report V9410 somewhat light on their suspension as they traversed the area and subject to lateral drifting. Had there been water on the roadway surface in these Iow areas, hydroplaning may have occurred. Several bikers were observed riding along the pavement edge in both directions on more than one occasion. F. Conditions Around Accident Sites Each accident site noted along the roadway was photo logged and studied. The shoulder area showed evidence of many vehicles operating on it. Some of this tracking, no doubt, was made by survey vehicles that had been in the area. Other tracking was made by four wheel drive vehicles running up the sand dune slopes. There was some marking done by tire scuffing indicating that the tires of the vehicle were in a different alignment than the direction of travel (Skidding as opposed to sliding in a straight line). Most of them appear to have recovered and reentered the roadway. One was found that left the pavement on the right side and came back to the roadway at such a sharp angle that the car may have recrossed the road and gone off the left side. No evidence of that was found on the left side. However, accident records note the occurrence of this type of accident due to loss of control of the vehicle when leaving the pavement. At this location, there was adequate shoulder width and recovery area that would allow a car to correct and safely reenter the roadway. Most visual evidence of accidents involved vehicles leaving the roadway and impacting trees. Only one was found that did not involve a tree. In all cases, where evidence of tracking still existed, the first cause of accident was, "leaving the roadway" followed by the inability to safely reenter the roadway. Some of these accident records showed that the vehicle crossed from one side to the other of the roadway. Others left the pavement either on the left or right and drivers were not able to correct the vehicle's direction before encountering a tree. Two sites were noted where a following fire occurred. A third site of many years of age also may have involved fire. Only one area was definitely identified as an oversized vehicle accident site. There was one recovery site noted that involved a dual tired oversized vehicle. Two areas were noted where water was encountered before a tree was hit. G. General Impressions The roadway generally is in good condition and does not appear to have characteristics inducing "out of control" type accidents. Operating speeds appeared to be reasonable during observation times with well ordered traffic movements. To 13 Larsen Engineers, Inc. Study Report V9410 a walking observer, the close proximity of the swamp, water and trees to vehicles operating at high but legal speeds, created great concern particularly with the absence of stabilized shoulders. 6. LANDSCAPE ARCHITECT'S REPORT The density of the forested area in proximity to the travel way and the cover of roadway sections provided by the tree canopy represents an important and sensitive area of study. The community was vocal about the importance of the forest and scenic appearance of Shore Drive to them. (See Appendices) To respond to that need, a Landscape Architect, (LPDA) was engaged to study the area and analyze the specie types, health and aesthetics of the trees, and evaluate the impact of any recommended improvements on the tree stand. Extracts of some of his findings are shown below: · Forest population is healthy with considerable volume of saplings and younger trees of many species in the forest. · In response to the discussion about lighting the roadway, he commented: If standard light poles are placed along westbound lanes, the light fixtures would be above the tree limbs and vegetation at most points, particularly in the westbound direction, obscuring light distribution. Thus, standard roadway lighting would require substantial tree removal and/or pruning. As the eastbound lanes are not as heavily impacted by the vegetation, lighting would not be as much of a problem to install in this direction. · The tree canopy is closer to the westbound lanes than the eastbound lanes. It appears that the westbound lanes were the original roadway. The eastbound lanes were constructed at a later date. Hence, the trees along the eastbound lanes had not reached the same maturity compared to trees along the westbound lanes. It is likely that the trees along the eastbound lanes will become similarly close to the westbound lanes as the trees mature further. Continued forest management is warranted to prevent this occurrence. · Lighting may be considered in feature areas, such as the First Landing marker. Light can be 'pooled' here with intervening darker areas. 'Up' lighting can be considered as it can be ground mounted. Lighting and signs at such feature areas may make the stretch of roadway feel less isolated. 14 Larsen Engineers, Inc. Study Report V9410 · Woodlands appear to be typical of Iow, near ocean swamp areas. Vegetation is dense and soils are highly organic and water saturated except in the most extended dry periods. Some of the tree species, understory plants and vines present are: Black or Tupelo gum, Longleaf pine, Laurel, Red cedar, Sweet gum, American holly, Holly oak, Japanese black pine, Beech, Maple, Pitch pine, Bald cypress, Northern bayberry, Groundsel, Alnus, Southern wax myrtle, Indian hawthorne, Aronia, Beach plum, Eleagnus, Poison ivy, Trumpet vine, Honeysuckle, Wild grape and Virginia creeper. There are hundreds of other plant varieties present. · Removal of some trees along the stretch of roadway will not have any adverse impact on the overall forest habitat. Opening up the road edge along the westbound lanes may be helpful in letting in more sunlight and stimulating more understory growth which is beneficial for birds and smaller game animals. · Since the option of stabilizing shoulders was under consideration for this project, the landscape architect was asked to comment on the effect of this action on the tree population with the following response: It is difficult to estimate the extent of root damage to existing trees if shoulders are paved. Some root damage would probably occur, but they are not expected to be serious. The situation may be ameliorated by trimming overhanging branches of effected trees to decrease their demand for nutrients. In fact, this action is warranted to improve the health of the tree forest in connections with roadway improvements or to reduce further encroachment of the forest onto the travelled way. 7. INTERVIEWS Interviews were conducted with a number of City staff who have been intimately involved in investigating accidents on Shore Drive including Sgt. M. Chiarizia of the Virginia Beach Police Department. Her responsibilities included attendance at each fatal accident on Shore Drive in recent years. The points covered at this interview follow: · Most fatal accidents are single vehicle incidents, occurring at night, and involving speeding and alcohol use. · In most accidents, seat belts were not used. 15 Lar. en Engineers. Inc. Study Report V9410 · Most accidents occurred when the vehicle left the roadway on the right side and the driver then overcorrected to get back to the roadway. · Virginia Beach received 2 grants to control speeding, alcohol use and non- compliance with seat belt law. The Police program ran the first grant program from January to September of 1994. The second grant would cover implementation of the enforcement program between February and September of 1995. One to two vehicles are used in the program. Officers work in their off duty hours, most often between 8 PM and 4 AM in both directions, using radar guns. As a result of the first year of the program (in 1994) there were 95 DUI arrests and 700 additional arrests for speeding. · Sgt. Chiarizia commented that her overall impression is the roadway is wavy and dark. In the straight segment of the westbound direction, the waviness seems more pronounced. · Driver inattention and falling asleep seems to be involved in many accidents. · Straightening curve near Fort Story entrance should be considered. 8. TREE LOCATION SURVEY A walk through survey was done to ascertain locations and number of trees that actually are close to the pavements. The standard used identified those trees that would be impacted if shoulders were to be constructed. All trees with diameters 6" and above were measured. Along the right shoulder, all trees within 15' of the edge of pavement were noted. On the median shoulder, all trees within 10' of edge of pavement were noted. See Table 1 for details. We found a discrete number of trees lying within the survey limits. Beyond these dimension, the forest is very dense and there are thousands of trees, the density of which can be appreciated from the enclosed photographs. Only six trees were found within ten feet of the pavement edge along the median shoulder for both directions of traffic. Along the right shoulder only 3 trees were found in the eastbound direction within fifteen feet of the pavement. Along the 3 + mile length, 336 trees were found within fifteen feet of the westbound right shoulder. (See Map C) 16 mmm mm 1.1.1 z ~ rYww LLI .~z ~..0 l-.-Z u..O z© n,,w WC~ n--- O0 Z IJJ l- W IJJ 0 LU Larsen Engineers. Inc. Study Report V9410 Of the above total, more than 280 of these trees are smaller than 15 inches in diameter. 9. TECHNICAL STUDIES AND ANALYSIS OF DATA A. Traffic Counts One of the key determinants of the normalcy of the accident experience is to compare the amount of traffic using the roadway with its capacity to carry the volume and the operating characteristics of intersections where turning movements occur. Accordingly, turning movement counts were done on a weekday in January 1995 at the intersection of Shore Drive and the west entrance to Fort Story. Counts were done between 7 AM and 11 AM for the morning peak hours and between 3:45 PM and 7 PM for the afternoon peak hours. Computed AM and PM peak hour volumes are shown in Figure 5. We can conclude the intersection operates at satisfactory levels of service and does not require further modification. Through traffic volume data also was gathered in May 1995 by use of special road tubes as further described below. See Table 2. These traffic count records were collated with records for Shore Drive and comparable roads obtained from the City of Virginia Beach and Commonwealth of Virginia who maintain traffic count data for Shore Drive. Although the volumes varied during the period of this study, the roadway exhibits an average annual daily traffic volume of about 13,000 vehicles well within the capacity for this type of roadway (minor arterial). B. Bank Indicator Study A bank indicator study determines the pull of a vehicle toward the outside of a curve as a vehicle traverses the roadway and thus indicates its tendency to slide. There are safe as well as comfortable levels defined for these limits. Practically, it serves as a check on the proper designations of the radius and superelevation of a curve for the defined operating speed. All three measurements (radii, superelevation and bank readings) were made in curve areas. (See Map A) First, the radii of the curves were surveyed. Then the superelevation was measured. Finally, bank indicator runs were made to determine actual field conditions for vehicles operating around the curves. For each curve, the bank indicator test was performed at 55 mph, and (as a check) also at 65 mph. 17 Z 0 W 0 Z Z Z i,i Z W 03 n- .J Z 0 hi '3A~ AaOiS 'Id v 0 I, 0 Z d Z LU LU Z Z Z LU d 0 C) Larsen Engineers, Inc. Study Report V9410 The runs done at 55 mph indicated that the highest bank angle reading of 70 occurred at curve 2 in both directions. See Table 3 for complete 55 mph bank indicator results. The posted speed limit is within the maximum safe value suggested by standards for such roadway construction (AASHTO2) and modification is not suggested. The bank runs at 65 mph showed that the curves were marginally below the design superelevation values for that speed. The east bound bank indicator values at curve 4 were well within safe values for speeds of 45 mph. This curve's standard is different as the posted speed limit drops to 25 mph at the end of the curve. C. Curve Adequacy In the absence of existing plans with curve information and pavement design criteria, field measurements were made to calculate their values. The following assumptions were made: The maximum superelevation, "e" developed at any of the curves should not exceed 8%, the current design maximum for Virginia. If a design speed of 65 mph is used for computations, design guidelines suggest a minimum curve radius for the above conditions to be 1528 feet. The existing curve radii and maximum rate of superelevation developed were calculated from the curve alignments created on computers from the field survey data. The values for the four curves are as follows: CURVE NO. RADIUS AND SUPERELEVATION · 1 RADIUS = 1500', MAX e =0.07 VDOT STANDARD (55 mph) Radius 960', MAX e =0,08 ·2 RADIUS = 2000', MAX e=0.05 ·3 RADIUS = 2500', MAX e =0.045 ·4 RADIUS = 1400', MAX e = 0.065 All four curves meet standards for a 55 mph speed zone. 2 AASHTO-American Association of State Highway and Transportation Officials: A Policy on Geometric Design of Highways and Streets (1990) 18 Nz ~ mm ~ z t. LI IJ.! Larsen Engineers, Inc. Study Report V9410 D. Speed Studies Speed surveys with radar guns were done in order to obtain information about the characteristics of the traffic stream including speed profiles, the ~ of traffic and 85th oercentile sDeeds. In addition, tube counts done on west bound lanes gave 24 hour traffic volume counts as well as speed profiles over several days. The pace of traffic is defined as the 10 mph range within which most traffic travels. It is an indication of the comfort with which the drivers use he road and is useful in determining safe speeds. It bears a direct relationship to the posted speed limit. The 85th percentile speed is the speed below which 85 percent of the vehicles travel. This value is commonly used in design of roads and setting speed limits. We were able to determine the spot speeds of vehicles at four locations along the project area. Radar studies indicated the individual speed of vehicles and provided information to compute the following traffic stream characteristics. The graphs of cumulative observations against speed at the four locations are shown in Figures 6 through 9. The 85th percentile speed from these studies are as follows: ®East bound at eastern end (mile post 3): ®East bound 400' west of Coast Artillery Road: ®East bound at Fort Story entrance: ®West bound at Coast Artillery Road: 47.5 mph 57 mph 57 mph 54 mph The 85th percentile speed at Milepost 3 is lower than the others as the posted speed limits decrease approaching 83rd Street. This area was studied to determine whether drivers were reacting to the speed limit reductions. The other locations have values close to the posted speed limit of 55 mph. A second survey of speed and volume data was done continuously over a five day period (including a weekend) in early May 1995 with detector tubes placed on the westbound lanes near curve 1. See Table 2. Over the 24 hour period each day, the 85th percentile speeds computed were significantly higher than those recorded earlier. They were: 19 I.U S.I.S=I.I. Q=I=IdS dO ~=IBINI'tN LU S.LS~I.I. O~l:~dS -I0 B=:IBINIgN I.U Larsen Engineers, Inc. Study Report V9410 ®Friday: 63.0 mph ®Saturday: 62.5 mph eSunday: 62.1 mph eMonday: 63,1 mph ®Tuesday: 62,9 mph During this period, the pace of traffic was between 55 and 65 miles per hour. Over the five day period, traffic speeds were relatively similar with a few vehicles recorded at speeds of more than 80, and indeed, one at 90 mph. It is expected that this small number of violators are within the ability of the Police to control. The traffic records indicate situations ranging from compliance with the posted limits to situations where motorists are taking advantage of what they believe is an allowable "margin" given to drive somewhat in excess of the speed limit. The grouping of traffic in this pace suggests fairly consistent operating conditions as the amount of passing and lane changing does not appear to be excessive. 10. ACCIDENT ANALYSIS: Although the roadway design is adequate for posted speeds, the roadway is unforgiving when a run-off-the-road incident occurs. There have been an excessive number of run-off-the-road accidents. The number of impacted trees is evidence of this problem. Accident reports for the project segment of Shore Drive for the years 1991 through 1994 were analyzed. In addition, accident statistics from the City of Virginia Beach and State of Virginia were utilized to form a basis of comparison with the accident experience on Shore Drive. In the following narrative, all numbers pertain to accidents which occurred in this four year period, unless otherwise stated. A. General Accident Characteristics There were a total of 83 accidents from 1991 to 1994 in this section involving 96 drivers. Of these, 10 were fatal accidents with 19 individuals killed. (See Map D) In addition, one person recently died from the trauma that resulted from an accident which occurred in 1990. Only 2 accidents involved commercial vehicles. 20 Larsen Engineers, Inc. Study Report V9410 B. Pavement Conditions Of all accidents, 73% (60 of 83) occurred on dry pavement and 27% (23) on wet pavement including snowy and icy conditions. (See Figure 10) An average of 6 accidents a year occurred on wet pavement. This amount may not be unusual for City experience, but the entire pavement should be observed to note if there is a further upward trend in this statistic that may signal the need for resurfacing of the entire section. Our field investigation did note areas where we believe pavement overlays should be placed as a priority to eliminate what appear to be questionable areas of waviness and which may lead to difficulty in rainy conditions. Accidents involving snowy or Icy pavements are not included in the above statistics as they represent special conditions where the causation of accidents is atypical. C. Direction of Travel Of all accidents, 63% (52 accidents) were in westbound lanes and 37% (31 accidents) in eastbound lanes. See Figure 11. This unbalanced record suggests there are differences of significance in the use or condition of the westbound roadway that are contributory to the excessive accident rate. This preponderance of accidents may be, in part, due to the proximity of trees to the edge of pavement which occur much more frequently along the westbound right shoulder as indicated in the tree surveys. This difference in the forest proximity in the two directions also was noted in the Landscape Architect's Report. A second reason may be that westbound traffic contains a higher proportion of drivers who are tired and/or driving under the influence of alcohol travelling from the ocean front compared to eastbound traffic. This reasoning is further substantiated by the statistics dealing with alcohol related accidents and daylight accidents below. D. Alcohol Related Accidents Alcohol was involved in 38% (32 of 83) of all accidents for the four year period. We compared one year's rate (1993) to other published statistics. For Shore Drive, the corresponding 1993 amount was 37% (10 of 26). For 1993, City of Virginia Beach reported that 9% of all accidents were alcohol related and State of Virginia statistic for the same year was 6% (6,976 of 1 20,265). See Figure 12. Shore Drive had significantly higher alcohol related accidents than either the City or the State averages. 21 Itl II II Itl s~u@p!oo¥ le~O.L jo % 0 II I I Z CD oo CO ~' C~ s~uep!oo¥ le~Oj, jo % LU <~ LU Lid ~LU s)uep!ooV le)Ol jo % Larsen Engineers, Inc. Study Report V9410 Of the accidents occurring in the westbound direction, 41% or 21 of the 52 accidents were alcohol related while the corresponding number for eastbound accidents was 33% (10 of the 31). See Figure 13. From these statistics, one would conclude that alcohol is a significant contributing cause of accidents on Shore Drive and is more prevalent for westbound drivers. E. Tree Impacts Of all accidents recorded, 64% (53 of the 83 accidents) involved impact with trees. In most instances, the driver lost control and hit trees along the side of the road, or in trying to correct the vehicle, over compensated, and the vehicle recrossed the road way and ran off the other side and impacted there. Visual inspection of trees show clear marks of vehicular impacts in excess of the number reported which suggests this problem is of long duration. The reports for these accidents were examined further. The majority of these accidents (55% or 29 accidents) did not involve alcohol nor impact with another vehicle. Therefore, most drivers, whose faculties were not impaired by alcohol, ran off the roadway for other causes before impacting trees. Some of the probable causes for non-inebriated drivers to run off the roadway are mechanical defects, fatigue, falling asleep, inattention, poor visibility, wet or icy roads and speeding. F. Daylight Accidents Only 43% (36 of 83) of all accidents occurred during daylight hours, the remainder occurred at night. See Figure 14. Since a much higher portion of vehicular traffic travels during daylight hours, the ratio of accidents occurring at night to the total night traffic volume is significantly higher than the corresponding ratio for daylight accidents and thus abnormal. For comparison, the State of Virginia statistic for daylight accidents is much higher at 72%. The high percentage of nighttime accidents is a concern. G. Accidents due to Speeding On Shore Drive, about 19% (16 of 83) of the drivers who were involved in accidents were reported to be speeding. A comparison was made with other statistics for the year 1993. Shore Drive reported about 15% (4 of 26) of its accidents involving speeding during that year. For the same year, the State of 22 NZ CD oO CO ~' C~ UO!:~OeJ!Cl ~q 's~,uep!ooV jo % UJ NZ I ! 0 0 0 0 s~,uep!oov lm, Ol ~o % Larsen Engineers, Inc. Study Report V9410 Virginia reported about 6% of all drivers involved in accidents were speeding. Drivers exceeding safe speeds are a contributory factor to the accident pattern at Shore Drive. See Figure 15. H. Driver Profile Involved in Accidents The majority of drivers involved in all accidents (83% or 80 of 96) resided in the South Hampton Roads area, including 59% from the City of Virginia Beach. Thus, unfamiliarity with the roadway or the general area does not appear to be a major factor in the accident experience. See Figure 16. Of all drivers involved in accidents, 49% (47 of 96) were between the ages of 21 to 30 for the four year period. For 1993, the statistic is 52% (15 of 29 drivers). Corresponding statistics for 1993 from the State of Virginia (30%) and City of Virginia Beach (38.9%) were lower. See Figure 17. Accident involvement of younger drivers is overly present in this area. We checked the occupation of drivers who had accidents. About one third of the individuals involved in accidents (25 of 83) were in the armed forces. See Figure 18. This number reflects the presence of Fort Story within the project segment and several other Department of Defense facilities in the area with considerable military presence in residential areas. The other significant group of driver occupations were students with 18% (15 of 83). These latter statistics reinforce the figures regarding the age of involved drivers. Almost % of the accidents involved students or military personnel. These figures suggest that the City and military authorities should continue to target these populations with public information and educational programs. I. Fatal Accidents Staff analyzed the fatal accidents that occurred during the four year study period. Of the 10 fatal accidents: were one-car accidents accidents involved running off-road and impacting trees were speeding accidents were alcohol related occurred at night occurred in the west bound lanes. 23 LU s~uep!oo~' lelO.L jo % l-- Z LU LU C) 0 0 0 0 0 SJeA!JCJ JO 'ON iii Larsen Engineers, Inc. Study Report V9410 Running off the pavement and impacting trees close to the edge of the traveled way is the typical pattern both for fatal and other accidents. J. Reported Accidents between January and June 1995 Although the study period was defined as 1991 to 1994, we obtained accident reports for the first half of 1995. Information in these reports are summarized below. There were a total of 10 accidents for the first six months of the year. Of these, Number of fatal accidents: 0 Number of accidents in westbound direction: 2 Number of accidents impacting trees: 4 Number of alcohol related accidents: 3 Number of accidents at night: 3 Number of one-vehicle accidents: 7 There are marked differences in accident patterns for the first half of 1995. Notably the directional split and time of day occurrence do not follow the pattern for the preceding four years. However, the time period of this latter report is short and may not be statistically significant. Please also see discussion in Section 13. 1 1. ACCIDENT REDUCTION MEASURES A. Street Lighting The area in question has severe limitations for the installation of street lights. Standard lights, if installed, would be at a higher elevation than the tree canopy and considerable tree removal would be required to achieve uniform lighting levels. Unfortunately, vision problems are most severe during daylight or twilight hours when street lights are least effective. The narrow clear zone and the overhanging tree canopy creates a tunnel-like effect along sections of the roadway. In addition, light filtering in through the overhanging branches create rippling bands of alternating light and shadow to the motorist. This condition creates vision difficulty for all drivers during twilight hours as well as when heading into the sun. Correction of this condition would involve considerable pruning or removal of trees in this area. 24 Larsen Engineers, Inc. Study Report V9410 Not only are the trees a considerable problem for the designer, but the area lacks electric power. The cost of installation of street lights would be considerable even if the trees were not there. This does not suggest that lighting is unimportant. Adequate lighting is very important in urban areas. However, the ability to perceive objects and situations depends as much on the evenness of the available light as well as the amount of light. That partially explains the concentration of lighting in urban areas where the commercial and business lighting creates uneven pools of light on adjacent roadways. In the study area, we do not find such problems at night. Given the fiscal realities of capital programming, and identification of other concerns, we believe there are higher priority options that would result in more direct accident mitigation. Street lighting installation which would involve considerable tree removal and environmental impact is not considered to be of first importance. B. Safety Rail As mentioned earlier, there are deep ditches beyond the shoulder area at several locations both on the right and in the median sides. These segments need to have additional protection for errant drivers. Placing guard rails in selected locations is an acceptable and cost effective alternate to reconfiguring the topography to eliminate the hazards. The location of safety rail proposed for the median of the Study area is shown in Map E. C. Reducing Speed Limits In an earlier section dealing with the Community Information Meetings, the possibility of lowering the speed limit to 45 MPH was suggested by several attendees. This action was taken further west on Shore Drive (from First Landing State Park west). There is a relationship between speed and accident frequency and severity. Reducing the speed limit may have a positive effect on the number of accidents and their severity. This relationship appears logical and accident reduction was suggested to be a result of reducing the nationwide speed limit some years ago from 65 mph to 55 mph. However, the relationship between accident reduction and improving the safety of the driving environment and vehicles is just as strong. Further, more than 80% of the accidents in the study area do not involve speeding. Since the hazards to safe passage are identifiable, and will not disappear if the speed limit is reduced, they should be addressed as a primary course of action. 25 Z Z < ¢1 ci:z Z 0 Z Larsen Engineers, Inc. Study Report V9410 Although this report does not include analysis of the section of Shore Drive where the speed limit was reduced, to determine causation and impact, more direct linkages between accident causation and speeding are present in this part of Shore Drive. The more intensely developed roadside, number of driveways, street patterns, turning maneuvers and multicar accidents must have influenced this action. In the study area, there is no such relationships to suggest reduction of the speed of traffic is needed. The typical accident involves a single vehicle leaving the roadway, losing control and impacting a tree or overturning. This pattern is not typical. There are no rear end or multicar accident occurrences of note. 12. DISCUSSION From the preceding analyses, one can conclude that the driver group most often involved in an accident comprises younger drivers who are speeding in the westbound direction at night under the influence of alcohol. This matter has been addressed to some extent by the Virginia Beach Police Department through a special enforcement program (See interviews). However, the aberrant behavior of motorists is not the sole accident cause in the study area. We have identified conditions that contribute to the severity of these accidents. One such causation, recently reported in local media and nationally is drowsy or inattentive drivers. This type of roadway, where relatively few events require driver attention such as signals, turning vehicles, pedestrians, visuals attractions, etc., can have the effect of allowing the drivers attention to stray from his/her task. In other words, the very tranquility of the trip and lack of events that require driver interaction may explain the number of vehicles that wander from the roadway. Two characteristics of accidents, highlighted in previous sections, are the relative inability of vehicles to recover once they run off the paved roadway and the large number of accidents involving collision with trees. According to a recent engineering study3, vertical pavement edge drop off constitutes the highest risk in run-off-the-road accidents. When one wheel of the vehicle drops off the pavement, the vertical edge causes it to scrub against the surface. The edge acts as a barrier against the driver's attempt to get back onto the pavement. Drivers have to oversteer to overcome this obstruction which can result in 3"The Elimination or Mitigation of Hazards Associated with Pavement Edge Dropoffs During Roadway Resurfac~ng", J. B. Humphreys & J. A. Parham, Univers~W of Tennessee Transportation Center, 1984 26 Larsen Engineers, Inc. Study Report V9410 loss of vehicular control. At higher speeds, the adverse effects of the drop off are magnified. On Shore Drive, the presence of unstabilized (sandy) unpaved shoulders intensifies the hazard. At many locations, the shoulder also has a steep adverse slope which inhibits the recovery further. According to a study done on the effects of stabilized shoulders and shoulder widths on the rate of accidents, the presence of stabilized shoulders 2 meters (6.6 feet) or greater in width was found to diminish the number of accidents by about 8%4. Finally, branches from overhanging trees were found very close to the pavement edges and this can be intimidating to drivers. This creates additional stress for the driver who attempts to regain control of a vehicle. The combination of these occurrences contribute to the unforgiving nature of Shore Drive. The horizontal clearance from the edge of roadway pavement is an important factor affecting safety of the roadway. In general, adequate clear zone would allow 80% of vehicles leaving the traveled way to safely maneuver back onto the lane before impacting a fixed objects. Clear zone needs depend on traffic volumes, traffic speed and other geometric characteristics including side slopes, ditches, culverts, etc. Virginia Beach has adopted these criteria in their selection of signs, tree plantings and other design factors used in new street planning. Creation of this zone on Shore Drive would have beneficial effects on the accident rate but would require the removal of literally thousands of trees from areas abutting the Park and Army base with accompanying environmental and aesthetic concerns to be addressed. Such a proposal also is not in consonance with community desires. Studies of run-off-the-road accidents have led to the establishment of a 30 feet clearance as a desired standard feature on higher speed roadways6. In many cases, a 30 feet clear zone is not feasible due to topographic and right-of-way constraints?. Existing conditions at Shore Drive provide a horizontal clearance ranging from less than 10 feet to about 20 feet. Beyond the existing clearance are numerous trees of 4 Transportation Research Record, No. 1318, Transportation Research Board (TRB), 1991 5"Clear Zone or Cost Effectiveness: Which One Will It Be?", S. R. Lynch, Institute of Transportation Engineers (ITE) Compendium of Technical Papers, 1988 6 Road Design Manual, Vol. I, August 1992, VDOT, p33 ?"The 30-Foot Clear Zone Concept - A Guide, Not a Standard", D. R. Olvarez, ITE Journal, September 1988 27 Larsen Engineers, Inc. Study Report V9410 substantial size which would inflict serious damage to a vehicle impacting them. The number of these trees and their importance to the community suggests all efforts should be made to minimize impacting their presence. We believe it is appropriate to establish a clear zone of 1 § feet on the right side of the roadways and treat that area in a fashion that would reduce the potential for accident occurrences. Recent studies show that the drowsy or inattentive driver is a greater accident causer than was previously thought. These drivers, who tend to drift off the pavement on Shore Drive have slow perception and reaction time and difficulty in dealing with the hazards that face them. They need all the recovery area we can provide. Accordingly, the recommendations below also will address mitigating actions that can be taken to alert these drivers and enable them to avoid serious accidents. 13. RECOMMENDATIONS There are measures that can be taken to effect the prominent causes of accidents and result in reduced accident occurrences and severity. These measures are derived from the four major causes of accidents on Shore Drive. They are (not in priority order): 1. Speeding Drivers and Drivers under the influence of alcohol and drugs. 2. Unpaved and unstable shoulders 3. Existence of steep shoulders and deep ditches 4. Presence of substantial diameter trees in proximity to the travel way. 1. The City Police have had an enforcement program, which allows them to place special patrols on Shore Drive during night time hours to deal with problem drivers. (See Section 7) This program has been in effect for two years and may have had an effect on the 1995 accident rates. The rate of serious accident occurrence on Shore Drive appears to be lower than previous years. Although the comparison period is too short to be statistically significant, there may be a direct correlation between the program and the problem of speeding or drunk drivers. We strongly recommend its continuation. Further efforts in the areas of public information and educational programs should be studied. 2. We recommend that paved shoulders be placed along both edges of each roadway. The width of the shoulders is recommended to be 10 feet. In this area, the width of the right shoulder should be paved for a 10 feet width, and the width of the 28 Larsen Engineers, Inc. Study Report V9410 left shoulder (median side) should be 6 feets. The greater width of the right shoulder is based upon the expectation that drivers naturally try to stop on the right side of the road. This width will allow them to park completely clear of the travel way if they have mechanical difficulty or need to stop for any other reason. Installation of the recommended shoulders will require 342 trees to be removed with selected pruning to preserve the tree vitality of the remaining forest edge. Removal of the trees would create a 5 feet clear area beyond the edge of the right shoulders, and four feet on the median side. This action would eliminate pavement dropoffs and unstable shoulders adjacent to the travel way and provide effective recovery areas for out-of-control vehicles. 3. Safety rail should be installed in areas of steep shoulders or deep ditches to retain vehicles that lose control in these areas to reduce the severity of these accidents. The general areas of this type of recommended installation is shown in Map E. Installation of properly designed safety rail is recommended as an acceptable action to protect traffic where other methods of improving the clear zone area are unfeasible or impractical9. As corollaries to the above, overlays of selected areas of pavement near identified curves should be installed if affordable to eliminate waviness or unevenness of pavement detected in these areas. (See Map B) Further, we believe improvements should be carried west to the entrance of First Landing State Park given the similarity of conditions in this additional ~ mile. Due to funding constraints, implementation of improvements may need to be phased. The recommendations thus are listed in phases in order of priority with the westbound roadway demanding attention first. The modest tree removal program recommended is not in full accord with current standards which call for clearances of 30 feet to fixed objects as aforesaid. Such action would require the removal of thousands of trees including many in sensitive wetlands areas. However, the recommendations for a phased solution has the strong potential for resolving the major problems evident here. In the future, if tree impact continues to be a major factor in the severity of accidents, we would recommend the installation of additional safety or guard rail similar to that proposed SA Policy on Geometric Design of Highways and Streets, 1990, AASHTO, p.338 9 ibid 29 Larsen Engineers, Inc. Study Report V9410 to protect the ditch areas in phase 1. This rail would be placed at the edge of the clear zone created in 2 above and deter head-on impacts. Safety rail is not a perfect solution as cars can bounce off and reenter the traffic stream. However, the impact will dissipate much of the vehicle's momentum and increase the chances for the vehicle to stop without further impact. Rumble Strips Since a substantial number of accidents involve vehicles drifting off the roadway for reasons other than intoxication, we believe it is necessary to seek a way of alerting drivers. For a modest sum (See estimate), rumble strips can be installed along with the left and right shoulders immediately after the shoulder paving operation. Rumble strips have been used in a number of States with very satisfactory results~°. To date, we are aware of installations in Virginia, North Carolina, New Jersey, California, Washington and several other States. They have the effect of providing both an auditory as well as a physical reminder to the driver if the vehicle drifts from the traveled way. The strips do not create a maneuvering problem for the driver. Use of rumble strips on shoulders have been found to significantly decrease run-off the road accidents~. A California study in desert regions indicated a drop in accidents of 49%. An FHWA study comprising 24 sites in 11 states showed a reduction of 20% and a Washington study showed an overall accident decrease of 18%. Percentages were computed by doing a "before and after" study. The FHWA study further reported a benefit/cost ratio greater than 50:1 when rumble strips were installed in conjunction with shoulder construction or resurfacing. The three main types of rumble strips that have been used are Thermoplastic, Raised and Grooved. The Thermoplastic type are applied to the surface in bands similar to the pavement markings now on eastbound Shore Drive. Although more visible, they have several disadvantages including Iow impact (sound effects) to the drivers and probable damage by snow plows. It is also the most expensive kind. Raised types have not performed well and are not used extensively at the present. The other type is grooved rumble strips. For new asphalt shoulders the strips can be rolled in by using an array of pipes before the asphalt hardens. Strips also can be milled in by using a special milling equipment. Milling is done after the asphalt has ~0 "Use of Rumble Strips to Enhance Safety", NCHRP Synthesis 191, Transportation Research Board, 1993 30 Larsen Engineers, Inc. Study Report V9410 hardened. Agencies have reported several problems with rolled strips. Due to the non- uniformity of asphalt density, the strips end up being of varying dimensions. As they have to be rolled in, the groove widths are narrower than the milled type. Some agencies have reported the tendency of the rolled strip to fall in. Sound and vibratory quality of the rolled type is much inferior to the milled type. As a result of the above commentary, a milled type of rumble strip is recommended. Each strip would be about 16" long and about 7" wide. It is about ½" deep at the center. Typical spacing between strips is 12". The clear distance between the edge of lane and the beginning of the strip is 4". See Figure 19 for details. Figure 20 shows a typical installation. Continuous rumble strips are not a necessity to maintain their effectiveness. Rumble strips in discontinuous groups have been used before without compromising their integrity. Computation of the length of rumble strip pads or modules are done as follows: Assuming the average 85th percentile speed on Shore Drive to be 55 mph and using the AASHTO criteria for perception and reaction time, namely 2.5 seconds, the distance a majority of drivers would travel in 2.5 seconds is about 201 feet. Hence if the pads are spaced at 100 feet intervals, drivers would be travelling over rumble strips before they are able to react to a hazard, irrespective of the point and angle of exit from the live lane. It is evident that at higher speeds, the driver would be on a rumble strip segment after a shorter interval of time. Previous users of discontinuous strips have used a pad size of 50 feet. The rumble strip pattern recommended is as follows: each pad of rumble strips would be about 50 feet long followed by a segment of no strips measuring 100 feet. This configuration would decrease the cost of rumble strips. Studies have shown there is no extra maintenance required for these strips and the air turbulence caused by passing vehicles tends to eject any debris that might collect in the strip grooves. Forest Management The proximity of trees to traffic in the westbound direction and the relationship which appears to exist to the preponderance of accident events suggests that unrestricted encroachment of the forest into the travel way should be arrested, Whether these improvements are made or not, the City should take a proactive role in monitoring the study area, Any clear zone that exists should be maintained to remove branches that overhang the road close to the elevation of the vehicles or that 31 j~ LU m ~mmm ~mmm ~m d Z LU Z LU Z 0 rn LI.I Larsen Engineers, Inc. Study Report V9410 encroach onto the shoulders. In addition, new growth that emerges in the clear zone should be removed. This should be done once a year. Checking the area in early Spring, before warm weather and the beach season begins, would seem reasonable. There are no materials in this area that would grown fast enough to present a hazard in a span of twelve months. 14. BICYCLES A number of commenters have suggested use of the paved shoulder area to the right of the rumble strips for bicycles if the shoulders are paved. See attached letter. Although there may be horizontal width available for two-way bike paths, current AASHTO guidelines~2 recommend against using two-way bike lanes on one side of the roadway as they promote riding contra to the flow of motor vehicles. The minimum acceptable bike lane width is 4 feet. The shoulders would be adequate in width and condition to support bicycle traffic. If, in fact, bicycle traffic is either prevalent or growing, daytime lighting conditions on the westbound pavement do not favor safe use of this section of roadway for mixed traffic. One should consider creating a westbound bicycle path to First Landing State Park with a return route through the park or until the eastbound companion path is created. "Guide for the Development of Bicycle Facilities", AASHTO, 1991 32 Larsen Engineers, Inc. Study Report V9410 15. PHASED IMPROVEMENT PROGRAM A drawing illustrating the proposed improvements is shown in Figure 21. It shows that shoulder installation will not require the removal of any stand of trees. Typically, trees that are within 15 feet of the westbound right shoulder are scattered along the length of the project. There are very few trees impacted either in the eastbound direction or on the left shoulders. PHASE I · Construct 10' right shoulder and a partial 6' median shoulder on the westbound direction. This would entail the removal of 342 trees to accommodate the shoulders. Place rumble strips along the left and right shoulders. Allow the area right of the rumble strips on the right shoulder to be used by bicycle traffic. · Replace missing pavement markers and restripe white and yellow lines as required on the westbound direction. · Place guard rail in selected areas of deep ditches in the westbound direction (median side). · Overlay pavement in selected areas in the westbound direction. · Install post mile markers in both directions so that future accident locations may be identified more easily. · The Police Enforcement program currently in effect should be continued and expanded as a deterrent against overt speeding and driving under the influence of alcohol. 33 I-- (,3NOZ ~1¥3q01 EI~'vI(3N¥_LS) o O~ 0 Z ~Z W Larsen Engineers, Inc. Study Report V9410 PHASE II · Construct 10' right shoulder and a partial 6' median shoulder on the eastbound direction. The removal of only a few trees would accommodate the shoulders. Place rumble strips along the left and right shoulders. Allow use of the area right of the rumble strips on the right shoulder by bicycle traffic. · Replace missing pavement markers and restripe white and yellow lines as required on the eastbound direction. · Place guard rail in selected areas of deep ditches in the eastbound direction (median and shoulder sides). · Overlay pavement in selected areas in the eastbound direction. Future improvements that may be considered are installation of street lights and/or placement of guard rail continuously over the length of the project at the edge of the tree lines. If street lighting is determined to be beneficial, an unique design would be needed to accommodate this project's special needs. 34 Larsen Engineers, Inc. Study Report V9410 16. ESTIMATE OF COST A construction cost estimate for major pay items is shown below separated into the two phases used in the preceding section. This will provide budgeting information if the project is to be implemented. ITEM QUANTITY A M O U N T PHASE I Tree Removal AC Shoulder Base Rumble Strips Guard Rail Pavement Overlay Subtotal Misc Items & Contingencies Total 342 EA 8O,682 30,050 SY 108,481 30,050 SY 259,031 11,030 EA 7,721 2,1 20 LF 19,080 LS 25.000 499,995 10% 49~999 $549,994 PHASE II Tree Removal AC Shoulder Base Rumble Strips Guard Rail Pavement Overlay Subtotal Misc Items & Contingencies Total 3 EA 783 30,050 SY 108,481 30,050 SY 259,031 11,030 EA 7, 721 6,870 LF 61,830 LS 25.000 462,846 10% 46r285 $509,131 GRAND TOTAL (PHASES I, II) $1,059,125 35 Larsen Engineers, Inc. Study Report V9410 17. BENEFIT/COST ANALYSIS A Benefit/Cost analysis was done for the different phases to ascertain the net user gain the improvements would have due to projected reductions in accident rates and severity. Accident types and numbers used were from reported accidents in 1994. Accident data for the first half of 1995 were not included in the analysis. A. Cost of Motor-Vehicle Accidents A number of national agencies estimate the impact of the cost of traffic accidents on the community. The values above are computed from factors like work days lost, payment of workers' compensation, auto and medical insurance claims, repair damage cost, pain and loss of quality of life. According to the Federal Highway Administration (FHWA) report "The Costs of Highway Crashes" (1991), the following are the average costs per accident by severity of accidents. The values are in 1988 dollars: Fatal accidents Injury accidents Property damage only $ 2,722,548 $ 69,592 $ 4,489 For the year 1994, number of accidents by severity in the project area are as follows: Fatal accidents: Injury accidents: Property damage only: Using a projected inflation factor of 1.31 to convert 1988 dollars to 1995 dollars, based upon the available CPI-U (Consumer Price Index - All Items) factor, the total cost of the accidents which occurred in the study area for 1994 is $7,812,398. 36 Larsen Engineers, Inc. Study Report V9410 B. Estimated Benefits As detailed in an earlier section of this report, placement of rumble strips on the shoulders reported a decrease between 18% and 49% in run-off road accidents. In addition to rumble strips, shoulder paving and other improvements are recommended in Phases I and II. Since more accidents occur in the westbound the eastbound direction, the estimated benefit of improvements in Phase I would decrease the total accidents by about 25%. Phase II is estimated to reduce the total accidents by an additional 10%. Assuming the same rate of decrease among the three accident severity types, the corresponding dollar values of the accident decrements per year are: Phase I 25 % $ 1,953,100 Phase II 10% $ 781,240 C. Benefit/Cost Ratio The B/C ratios are calculated for a period of five years well within the useful life of the improvements and a reasonable recovery period. Assuming constant costs over that period, the total benefits that would be derived from the proposed improvements are: Phase I $ 9,765,500 Phase II $ 3,906,200 An estimated maintenance cost of $ 5,000 a year (each direction) has been added to the user cost in the following table: Improvements Total Benefits Total Costs B/C Ratio ($) ($) Phase I 9,765,500 574,994 1 7:1 Phases I & II 13,671,700 1,109,125 12:1 37 Larsen Engineers, Inc. Study Report V9410 APPENDIX A: LANDSCAPE ARCHITECT'S REPORTS REPORT 1. February 13, 1995 Land Planning & Design Associates, Inc. (LPDA) Report # I from R. Start Tatum, ASLA, Vice President: "As you know, I walked the project last Thursday and I wanted to get my observations and thoughts to you. Relative to the placement of lights along the road, forty foot poles will put the fixture above limbs and vegetation at most points along the north bound lanes. South bound lanes are not as heavily impacted by the vegetation and this would not be a problem. The tree canopy closes over the north bound lanes and gives that a darker, narrower and closer feeling. I suspect that the north bound lanes were the original roadway and that the southbound lanes were added later. Therefore, the trees have not reached the same maturity relative to the roadway. It is likely that the south bound lanes will eventually become similar to the north bound as the trees mature further. Lighting might be looked at differently here, in that it could be associated with a 'feature area', i.e.: the First Landing marker, and the light could be 'pooled' at the feature area(s), with intervening darker areas. 'Up' lighting might be considered, since it could be ground mounted. The possibility of creating 'feature areas' such as at the First Landing marker and other selected spots where lighting and pavement changes would be incorporated. Also, some of these features and elements could be like those used along the main beach area, i.e.: traffic signal supports, light poles, banners, signs and pavement types to extend the beach character further out while changing, somewhat, this stretch of roadway and making it feel less isolated. 38 Larsen Engineers, Inc. Study Report V9410 REPORT 2. April 25, 1995 LPDA Supplementary Report from R. Stan Tatum, ASLA Vice President When we last talked, we spoke about the possibility of root damage occurring if a paved shoulder were installed along the subject roadway. You asked if I could identify those specific areas where root damage would, or would be most likely to occur, if a shoulder were constructed. I am unable to do this with any definitive accuracy. The degree of damage to any specific tree would be nearly impossible to ascertain. It is, I think, more realistic to say that almost anywhere along the north bound lanes root damage would very likely occur and, at some places along the south bound lanes root damage would occur. 39 Larsen Engineers, Inc. Study Report V9410 APPENDIX B: COMMUNITY INFORMATION MEETINGS Community Information Meetings were held on September 7, 1995 and September 21, 1995. MINUTES OF 1st COMMUNITY MEETING The first meeting was attended by four individuals. Issues discussed at this meeting are briefly summarized below. · Lowering of posted speed limit to 45 MPH was suggested. · Continuation of Police Enforcement program generally received favorable comments. · If Shoulders are constructed, the idea of Rumble Strips was favorable. Question about accelerated shoulder deterioration due to rumble strips was raised; also any effect of freeze-thaw conditions in the grooves; answer was: there would possibly be some insignificant adverse effect on the shoulder. As water expands on freezing, the ice would slide out of the groove and would not create a pressure zone in the shoulder structure. Also raised was the question whether drainage would be adversely impacted due to the rumble strips; Answer was: no. · Size of tree which would constitute substantial hazard was asked; Answer: 6" or more in diameter. · Question was asked regarding the number of commercial vehicles involved in accidents during the four year study period. Answer was: 2. · It was asked if analysis involving the make of vehicles involved in accidents were done; Answer was: no. · It was asked whether slick road conditions was a contributory factors to accidents; Answer was: wet road conditions did not appear to be a significant causal factor in the accidents. · Question was raised if there was any substantial seasonal variance in the accident history. Answer was: no, there seemed to be no pattern indicating predominance of accidents at any particular time of the year. · Possibility of bike path on shoulder was raised; idea generally had favor but this would only happen if shoulder was paved. · It was asked how far the tree line was from the edge of pavement; answer was that on the eastbound side no trees would be impacted if shoulder was built, on the westbound side some trees would need to be removed. The closest trees were to the pavement was about 10 feet. · Question was raised whether partial right shoulder with rumble strips could be built, which would drastically decrease the number of trees impacted. Answer was, possible but partial shoulder construction would not meet Federal and State standards and 40 Larsen Engineers, Inc. Study Report V9410 would not provide a safe width for vehicles to pull off the road. Safe width required for emergency vehicle pull-offs did not change with posted speed limits. IQuestion was asked whether both the eastbound and westbound roadway were constructed at the same time. Question pertained to quality of roadway surface as a contributing factor explaining the disparity in percentage of accidents between the two directions. Answer was: irrespective of the original time of construction of the two roadbeds, due to recent resurfacing, the quality of the two roadbeds were comparable. It was mentioned that the westbound lanes were the original 2-lane roadway and the eastbound lanes were constructed at a later date. This would explain the engineers' observation that closer proximity of the tree line lies in the westbound direction, compared to the eastbound direction. lit was asked how much funds were available for the project. Answer: amount was about $600,000. ~The need to replace lane lines and reflective pavement markers was mentioned. 41 Larsen Engineers, Inc. Study Report V9410 MINUTES OF 2nd COMMUNITY MEETING The second meeting was attended by 12 people. The following summarizes the issues discussed at this meeting. Comments from attending members of Virginia Beach Rescue Squad: · Sandy shoulders contribute to accident problems due to difficulty in maneuvering vehicles in sand. Suggested that shoulders be paved with warning "sound" which would give more reaction time if drivers stray from roadway. · More turnarounds should be provided so that emergency vehicles can access accidents more quickly. · Electronic radar detector signs displaying speed for individual vehicles traveling over the speed limit should be installed. · Existing dropoff at pavement edges was noted as a problem if vehicles got one wheel off the pavement. · Prevalence of tree impact in accidents was noted. · There seems to be uneven or wavy pavement in certain areas. I Comments from individual whose daughter was a fatal accident victim on Shore Drive: · In favor of installing street lights. Regarding the difficulty of installation due to the overhanging tree canopy, he suggested that lights be installed in areas where there were gaps in the overhang. He also said that the cost of installing new power lines should not be a deterrent to the idea of installing lights. · Was in favor of installing guard rails along the entire length of the project in both directions.The role trees play in accident severity needs to be recognized. · Recommended installation of flashing lights at appropriate locations · He also commented that the cost involved in the improvements discussed were not out of proportion to other expenditures in the City of Virginia Beach. Other comments expressed during the meeting: · Favorable to installation of paved shoulders · Of the opinion that study is conclusive for implementation of improvements listed. · Of the opinion that saving human lives was far more important than any adverse effects, tree removal may cause. · If shoulders were paved, there was a concern that some drivers may use it as a passing lane creating a hazard for slower moving vehicles or stopped vehicles on the shoulder. It was commented that Shore Drive did not experience bumper to bumper traffic which encourage this type of driver behavior. 42 Larsen Engineers, Inc. Study Report V9410 · Removal of trees not desirable as they would adversely impact the aesthetics of the environment · Paving shoulders should be done to avoid the impact of the quality of the scenic drive and creation of the impression of a "sea of asphalt". · Question was asked whether a partial right shoulder could be installed. This would lower cost, lessen tree removal and prevent any drivers from using it as a passing lane. Question was asked regarding the number of vehicles likely to require use of shoulder for emergency stops. Attendee felt that the number was Iow and did not justify construction of full width shoulder. This would inhibit vehicles from making an emergency stop off the pavement. Attendee was also told that a partial right shoulder would not meet current design standards. · Bicyclists riding on the edge of pavement create hazard for motorist, especially in areas where visibility is impaired due to the position of the sun at certain times of day. Installation of bike lanes on the paved shoulders was desirable. · Restoration of pavement edge lines was suggested. · Greater police enforcement for DUI and speeding was suggested as helpful. · Reduction of speed limits was not generally regarded by the audience as an effective hazard elimination means. · Attendee commented that in some roadway segments, tree branches brushed against the passing cars in the left lane. Pulling off from the road in these segments meant conflict with the tree branches, and when compounded by poor shoulder conditions created panic for the driver and caused erratic steering. Trimming of overhanging tree branches should be undertaken as an initial measure. · Suggested using solar powered lighting due to the absence of power lines in the area. · Suggested installing a warning light ahead of the signals. · Attendee inquired whether the presented statement that the existing roadway geometrics met current design standards referred to the shoulder conditions as well. He was told that the current shoulders do not meet standards. The statement regarding adequacy of the roadway referred only to the travelled pavement section and its curves, sight distances and superelevations. · Attendee indicated that current unpaved shoulders had similar conditions to driving on beach at Hatteras. · Attendee asked whether curves should be straightened to help inebriated or fatigued drivers. Attendee was told that curves met current design standards; also that studies indicated that long straight alignments sometimes had the effect of lulling the driver into a state of inattentiveness. · Complete removal of trees in the median would encourage head-on collisions in areas where the median was not very wide. 43 Larsen Engineers, Inc. Study Report V9410 · Installation of rumble strips generally received favorable reaction from the audience. Question was asked whether the effect of proposed rumble strips were greater than the strips of thermoplastic across the roadway on the east bound lanes before the traffic signal at 83rd Street. Answer: proposed rumble strips were far more effective both on the auditory and the vibratory intensities. Attendees queried whether the rumble strips could also be used across the pavement in certain areas as an added measure. · Attendees were informed that the City had funds allocated for this project from ISTEA13 There needs to be a balance between the improvements done to the roadway and the effect on aesthetics. Improvements also need to be phased and prioritized in order to maximize user benefits for available funds. Cost Benefit analysis would be done to the various proposed improvement means. Comments from the Community Meetings would be considered. Presentation to City Council as to findings, analysis and recommendations would be done within the next 45 days. Comment sheets were distributed to the audience for mailing in any supplementary input. Other comments and suggestions that were received after the Community meetings are summarized below: · Use of safety barrels at tree bases. Barrels should be painted to blend in with the trees. · Use of Changeable Message Signs, monitoring with video cameras, police enforcement. · Use of earth berms to blend with surroundings and shrubbery to absorb impact of vehicles. · Install large advance signs before the curves. Several comment sheets and letters were received commenting on methods of reducing accidents. Most letters reinforced the positions of attendees at the meetings which positions are reflected in the above minutes. A copy of a letter sent by Ms. June Barrett-McDaniels, who did not attend the meetings, was received regarding bicycle usage of Shore Drive is shown on the following page. 13 Intermodal Surface Transportation Efficiency Act. 44 C 0 V E R FAX S H Fax #: Subject: Date: l'ages: E E T II -' I II _ ~_' Mr Richard Ne~leton 426-5668 Shoe/Ddve Safety. Improvements October 4. 1995 4, including this cover sheet OCT -- _:. CITY 01- V1PGINIA OFFICE OF 1HE. SITY ¢ OM MENTS' Riuh, .\~ I had mentioned to .~ou the ml~er day, I am so~. that I missed the public hearing you held ~etentl>' concerning .qafety'impravemenrq on Shore Drive. R,y and ! lost a dear friend on Shore Dr~w', a v~ctim ora car a¢cldent. We are sadly reminded of the tragic death of this young m~n, a budding track star headed to Virginia Tech's Engineering School, every time we travel dov, n St~ore Dnx¢. I am hopeful that improvements ~o Shore Drive will provera otliers from losing their lives. I a~t~ writing to express my concern for the safety of cyclists on Shore Drive. Several group rides are held ,m Shore Drive, a favorite traini'ng route for area cyclists because of the lack of traffic li~ts and itstersections on tl~e route. The Saturday morning group ride from Conte'$, for example, usmdly inxc, lves between 50-75 cyclists I urge you to include bicycle lanes in the design of road improvements on Shine Drive. Cyclists traveling an average of 20 mph are safer riding with traffic than on a sidewalk with pedesmans Please consider the sport cyclist and the bicycling Commuter xx hen ctes~gntng the roadway m~provemems. Cyclists will continu.e to use Shore Drive regardless of' design, [ am urging you to ~;ons}der their safety while making safety imprm, ements to the rot to. Rt~ l~ I :~peak a.s a member ¢,f the Hampton Roads Chamber of Commerce Transportation Task k oreo, The Hampton Roads Alliance 1bt Public Transpo~ation, The League of American Bicyclists, She Elizabeth River Project Toxic, Reduction Team, ~nd the Co-Race Director of the Sandman ~ r~athlon, when I ~ay that the time has come for Virginia Beach to recognize that cycling is a viable form of transpo~alion. Planning for c2cltng and pedestrian transpo~ation options ~ill help tc reduce tc, ngestion on our roadways ;~ill promote heallh and fitness, and w~ll make our community ¢ more · 'ltx able" and friendly place to I~ve I h,tx e ;roached a survey indicating thc potential tlmt ,. ~ ~ l~ng t~as ~n our communit? and an arucle from the I ~',gue of American B~cycllsts magazine fin yom tnfen-aation. Thank you. June June IElarrett.l~cD~r~els. P,E, 2902 Er)kten Coot1 ~04-~96-2570 PRESENTATION TO CITY COIYNCIL OF VIRGINIA BEACH, VIRGINIA STUDY REPORT SHORE DRIVE HAZARD ELINIINATION PROJECT FORT STORY ENTRANCE TO 83rd STREET for the DEPARTMENT OF PUBLIC WORKS CITY OF VIRGINIA BEACH, VIRGINIA DECEMBER 19, 1995 I ii ii LARSEN ENGINEERS, INC. SHORE DRIVE HAZARD ELIMINATION PROJECT FOR THE CITY OF VIRGINIA BEACH, VIRGINIA LARSEN ENGINEERS, INC. PROJECT V9410 EXECUTIVE SUMMARY Introduction A number of serious and fatal accidents have occurred in the eastern section of Shore Drive. In particular, the frequency of single vehicle fatal accidents appears to be odt of the normal expectation for this type of roadway. Accordingly, this section of Shore Drive was targeted for study and recommendations. The west end of the study area is at the west entrance to Fort Story and the eastern extremity is at the intersection with 83rd Street. The study area itself is about 3.2 miles long. Fort Story lies to the north of the roadway and First Landing State Park to the s0ut_,h. Although located in the incorporated limits of the City of Virginia Beach, the roadway has the characteristics of a rural or semi-rural highway. The roadway alignment, within the study segment, is primarily straight with four large radius curves at various location. The only turning movement within the project limits is a driveway (known as the Coast Artillery Road) which exists near the middle of the project. ' The roadway consists of two twenty-two feet wide pavements separated by a fifty feet wide median. The posted speed limit is 55 mph in the study area except for eastbound traffic at the eastern end approaching the residential area. There is a traffic signal at the east end of the project at 83rd Street and a flashing yellow/red beacon at the west gate to Fort Story at the west end of the project. Shore Drive passes through relatively level topography. Along both sides of the road, a dense forest exists in proximity to the edge of pavemen.t. The tree canopy overhangs the travelled way, and in sections of the westbound pavement, the canopy shadows the roadway. There is no street lighting throughout the segment. Field Studies The general roadway characteristics meet current design standards for the posted speed limit. However, several problems at the sides of the road were found: Larsen Engineers. Inc. Study Report V9410 A) The shoulders are unpaved and are either grassed or sandy. B) The distance to fixed objects (trees) for vehicles leaving the road generally ranges from a minimum of 10' to 12' (See Map C) to more generous clearances. C) The pavement edge is exposed and often drops off at the edge from previous pavement overlays and erosion of the shoulder. D) In sections, the shoulder itself grades steeply into ditches of 3 to 5 feet depth without protection. Accident Experience Although the roadway design appears adequate for posted speeds, there have been an excessive number of run-off-the-road accidents in the last four years. There were a total of 83 accidents from 1991 to 1994 in this section involving 94 drivers. Of these, 10 were fatal accidents with 19 individuals killed. Only 2 accidents involved commercial vehicles. Pavement Conditions - Of all accidents, 73% (60 of 83 accidents) occurred on dry pavement. Direction of Travel - Of all accidents, 63% (52 accidents) were in westbound lanes. Alcohol Related Accidents - 38% (32 of 83 accidents) of accidents during the 4 years involved alcohol. Tree Impacts - Of all accidents recorded, 64% (53 of the 83 accidents) involved impact with trees. Daylight Accidents - More than half of all accidents occurred at night, Accidents due to Speeding - About 19% (16 of 83 accidents) of the drivers who were involved in accidents were reported to be speeding. Laman Enginear$. Inc. Study Report V9410 Fatal Accidents - The analysis revealed that of the 10 fatal accidents: were one-car accidents were run-off-the-road type where the vehicle impacted a tree were speeding were alcohol related occurred at night occurred in the westbound lanes. The typical driver involved in a fatal accident is young, travelling westbound at ' night, speeding and may have been drinking. He or she runs off the road, loses control and hits a tree. However, certail characteristics of the roadway environment may contribute to the seriousness of these and other accidents. Two of the major features of reported accidents appear to be the relative inability of vehicles to recover control once they run off the 'paved roadway and the large number of accidents involving collision with trees. The horizontal clearance from the edge of roadway pavement to the nearest obstruction is an important factor affecting safety of the roadway. Drowsy or inattentive drivers are believed to be an underreported statistic on accident reports. ~ Recommendations The four major problems identified (not in priority order) are: 1. Speeding Drivers and Drivers under the influence of alcohol and drugs. 2. Unpaved and unstable shoulders : 3, Steep shoulders and deep ditches 4. Presence of substantial diameter trees in proximity to the travel way. Actions - The City Police have had a special enforcement program in place on Shore Drive for the last two years. This program should be continued. Larsen Engineers, Inc. Study Report V9410 Paved shoulders should be placed along both edges of each roadway. The width of the right shoulder should be 10 feet and the width of the left shoulder (median side) should be 6 feet. The right shoulder can accommodate bicycle traffic. Safety rail (guard rail) should be installed in areas where steep shoulders or deep ditches are found in order to retain vehicles that lose control. Overlays of selected areas of pavement near identified curves should be installed to eliminate waviness or unevenness of pavement detected in these areas. Installation of a milled type of rumble strip on both sides of the roadway is recommended to alert drivers drifting off the road. Installation of milepost markers is recommended to assist emergency vehicles responding to calls and aid in pinpointing accident locations. Phased Improvement Program Due to funding constraints, implementation of improvements may need to be phased. The recommendations are listed to treat the serious accident probabilities in priority order. PHASE I · Construct 10' right shoulder and a partial 6' median shoulder in the westbound direction. This would require the removal of 342 trees over the three mile area to accommodate the shoulder construction. · Install rumble strips on the shoulders. · Place safety rail in selected areas of deep ditches in the westbound direction (left side). - - · Overlay pavement in selected areas in the westbound direction. · The Police Enforcement program currently in effect should be continued and expanded. Larsen Engineers. Inc. Study Report V9410 PHASE II · Construct 10' right shoulder and a partial 6' median shoulder in the eastbound direction. The removal of 3 trees would accommodate the shoulders. · Install rumble strips on the shoulders. · Place safety rail in selected areas of deep ditches in the eastbound direction (left and right sides). · Overlay pavement in selected areas in the eastbound direction. Estimate of Cost PHASE I- TOTAL COST $549,994 PHASE II- TOTAL COST $509,131 GRAND TOTAL {PHASES I, II) $1,059,125 Benefit/Cost Analysis A Benefit-Cost analysis produced the following results Phase I Phases I, II Total Benefits $ 9,765,500 $13,671,700 Total Costs $ 574,994 $1,109,125 B-C Ratio 17:1 12:1 i I 1 i I I I I I i I' I ! I I I I i ! SHORE DRIVE HAZARD ELIMINATION PROJECT PURPOSE · STUDY AND DESIGN IMPROVEMENTS TO REDUCE THE ACCIDENT RATE ON SHORE DRIVE - FT. STORY ENTRANCE TO 83RD ST. PROJECT INFORMATION · EXISTING 4 LANE DIVIDED HIGHWAY, RURAL TOPOGRAPHY · LENGTH: 3.2 miles · AVERAGE DAILY TRAFFIC (2-WAY): 12,700 VPD · NO EXISTING STREET LIGHTS · POSTED SPEED LIMIT: 55 mph LARSEN ENGINEERS, INC. I i I I I I i I I I i I ! I I FORT STORY BEGIN SHORE DRIVE COAST ARTILLERY ROAD FORT STORY LEGEND CURVE NUMBER FIRST LANDING STATE PARK (SEASHORE STATE PARK) MAP A PROJECT LIMITS & CURVE NUMBERS SHORE DRIVE HAZARD ELIMINATION PROJECT END 83rd I I I I I I i ! I I I I I I I ! I ! SUMMARY OF 24 HR VOLUME & SPEED SURVEY (West bound, near Coast Artillery Rd.) Date 85th percentile speed Pace (mph) (mph) No. of vehicles 5-05-95 63.0 55-65 5,350 5-06-95 62.5 55-65 6,248 5-07-95 62.1 50-60 5,967 5-08-95 ! 63.1 55-65 4,591 5-09-95 62.9 55-65 4,757 LARSEN ENGINEERS, INC. t I i I I I I I I I I [ ! i I I I I SHORE DRIVE HAZARD ELIMINATION PROJECT ACCIDENT SUMMARY (1991-1994) · Total Number of Accidents = 83 · Number of Fatal Accidents = 10 (19 persons died) · % of Accidents Occurring at Night = 57 · % of Accidents involving Alcohol = 38 · % of Accidents involving Tree Collision = 64 · % of Accidents Impacting Trees which did NOT involve Alcohol = 55 · % of,Accidents in the Westbound Direction = 63 · % of Accidents involving Speeding = 19 LARSEN ENGINEERS, INC. I I I I I I I I I I I i I I I I I I I CHARACTERISTICS OF FATAL ACCIDENTS (1991-1994) NUMBER OF ACCIDENTS = 10 NUMBER KILLED = 19 ,~ 8 in westbound direction were one car accidents were speeding involved drinking impacted trees ran off-road were at night LARSEN ENGINEERS, INC. I I I i I ! I I FORT STORY SHORE DRIVE COAST ARTILLERY ROAD FORT STORY FIRST LANDING STATE PARK (SEASHORE STATE PARK) 83rd FATAL ACCIDENT LOCATIONS (1991-1994) I I I I i i I I i I I I J I ! i I I t SHORE DRIV HAZARD LIMINATION PROJECT 100 8O 6O 4O 2O 72% 43% SHORE DR. STATE OF VA I I I I I I I I I I I I I I I I I I I I SHORE DRIV HAZARD LIMINATION PROJ CT/ lO0 c: 8O o 6O o 20 37% 6% 9% SHORE DR. STATE OF VA ~ VA BEACH ~ I I i I I i I I i ! ! I I I I I i I I SHORE DRIV HAZARD LI~MINATION PROJ CTi lO0 8O 6O 4O 2O 63% 37% Westbound i DIR CTION OF TRAVEL/ I I i i I I I I I I I I I I I J I I I · SHORE DRIVE HAZARD LIMINATION PROJ CT/ lO0 8O 6O 4O 2O 15.4% 6.1% ISHOR DR. / iACCID NTSDU TOSPDING/ I I I I I I I I I I I i I I I I i I I _ SHORE DRIVE HAZARD ELIMINATION PROJECT i ," 60 ~ 50 <~ 40 3O e: 20 52'~ 24 21 0 0 AGE OF DRIVERS m<21 r~21-30 m 31-40 ~41-50 ~ 51-60 ~>60 NOTE: Age group 21-30 account for 52% * of all accidents at Shore Dr. Comparable number for State of VA: 30% Va Beach: 38.9% I ANALYSES · Pavement geometrics satisfactory for present speed limits · Alcohol related accidents (37 %) significantly higher than City of Virginia Beach (9%) and State of Virginia (6%) [1993] ~ % of Accidents due to Speeding on Shore Drive (15.4%) higher than State of Virginia (6.1%) [1993] · General traffic speeds are higher than posted limits · Accidents involving tree impact = 63~ % · Driver "inattention" or "falling asleep" may be a significant accident cause · Absence of stable shoulder noted in many areas ~ Steep pavement drop off at 'shoulder edge and deep ditches noted frequently · No. of trees close to pavement much higher in WB direction than EB ~ Inadequate horizontal clearance (clear zone) due to proximity of trees LARSEN ENGINEERS, INC. I I I ! I ! ! I i I ! ! I I I I I I I Z ~ rn m ~ rn m z Z Ill Ill I I ! I ! ! I I ! ! I I I I ! I ! I i LARSEN ENGINEERS, INC. PAVEMENT EDGE DROP-OFF FIGURE 2 I I I ! I ! I I I I I I I I I I I i --I Ill m immmm, rn Z ITl Z mmmm Z ITl rn mm Z · I ! I I ! I i I I i ! I i I I I RECOMMENDATIONS PHASE I 1. Continue police enforcement program 2. Install more frequent oversized speed limit signs 3. Construct 10 ft. rt and 6 ft. Ift paved shldrs- WB dir 4. Install rumble strips on shoulders 5. Restore missing pavement markings and markers 6. Clear WB shoulder to width of 1 5 ft. on right and 10 ft. 7. Install guard rail in median along areas of deep ditch. 8. Install Milepost Markers in both directions on left Optional: Extend shoulder entrance. and treatments west to First Landing State Park LARSEN ENGINEERS, INC. I I I i I I I I I I I I I i I I i RECOMMENDATIONS (CONT.) PHASE II Install similar westbound construction for eastbound direction as above for FUTURE OPTIONS Install guard rail continuously at edge to deflect "run off road" vehicles. Street lights of clear zone on shoulders LARSEN ENGINEERS, INC. I i I ! I I I I I I ! ! I ! m C) C: rl'l m ! I I I I I I I I I I ! I I I I I I I'M 0 I I I I LARSEN ENGINEERS, INC. ROADWAY ENVIRONMENT FIGURE I WESTBOUND (BEFORE) I I I I I ! ! I ! ! ! I I i I I I I I TYPICAL CONDITION - WESTBOUND {AFTER) ! I ! I I ! I I I I I I ! I I I I I I 171 0 rfl 0 ili I I I I I i ! I I ! ! I i I I I I I I 0 Ill I I I I [ I I I I i ! I I i I I I I LARSEN ENGINEERS, INC. RUMBLE STRIPS ALONG SHOULDER FIGURE 20 I I I I I I I I I I I ! I i I I I ~ Estimate of Cost PHASE I - TOTAL COST $549,994 PHASE II- TOTAL COST $509,131 GRAND TOTAL (PHASES I, II) $ 1,059,125 Benefit/Cost Analysis Total Benefits Total Costs B-C Ratio Phase I 9,765,500 574,994 17:1 Phases' I, II ~13,671,700 $1,109,125 12:1 LARSEN ENGINEERS, INC. Richardson Associates, Inc 2800 Pac,Sc Avenue V~rg~n~a Beach, V~rgin,a 23451 (804) 428*3970 (804) 428-2203 December 12, 1995 Dear Mayor Oberndorf and Members of City Council: There is a pending proposal to locate what is known as a "Brew-Thru" at a vacant parcel on the corner of 29th and Pacific Avenue. For your edification, a "Brew-Thru" is a drive-through convenience store whose primary sales volume is derived from alcoholic beverage sales. There are similar type facilities located in North Carolina on the Outer Banks I believe that a drive-through facility whose primary reason to exist is predicated on the sale of alcoholic beverages is fallacious. Furthermore, as you are aware, the city is now involved in a comprehensive study of Pacific Avenue and a basic premise of said study is that Pacific Avenue should become more pedestrian oriented. This study will be released shortly and will probably recommend the revitalization of Paclflc Avenue. A drive-through facility is not in keeping with a pedestrian oriented environment Furthermore, w~th hundreds of off-premises establishments in the resort area selling alcoholic beverages, the need for a drive-through establishment cannot be justified. Our children and young adults already have access to alcohol and the promotion of making this easier is in direct conflict w~th our values. Together with the foregoing, I know that we are all concerned about rowdyism in the resort area, as well as throughout the city The resort has had its share of rowdy behavior problems, most of it centered in and around fast food locations, with or without drive-through windows, as well as establishments whose primary sales volume is predicated on alcohol sales, whether that be bars or convenience stores. We have, as a city, done much to try to curb this problem. This proposed brew-thru is only the first of what could be many not limited to one location which will contribute to continued rowdyism in the resort and throughout the city. For your purview, I have enclosed letters from Reverend Burley and Dr. Griffin opposing this project as. well as resolutions from the Resort Beach Civic League, the Second Precinct Citizens Advisory committee and a plat of the property. I am adamantly opposed to this application and I hope you will find the evidence against this use compelling. Furthermore, there will likely be a hearing by the ABC Board in Chesapeake for this license in the near future due to the opposition. If you support the denial of an ABC license for this business, your resolution would be most appreciated and beneficial. I look forward to your help in opposing this application. If you need further ~nformation feel free to call me at my office at 428-2203. Sincerely, HENRY H. RICHARDSON Dr J Scott~e Gr~fl~n Pastor Box 864 Virginia Beach, V~rgm~a 23451 Dr J Scottie Griffin Pastor Pacific Avenue at Thirty-Sixth Street Box 864 Virginia Beach, Vlrgima 23451 Telephone (804) 428-6332 December 11, 1995 Members of Virginia Beach City Council The City of Virginia Beach, Virginia Dear Friends: I have just today learned of the pending proposal to locate what is known as a "Brew-Thru" on the corner of Pacific Avenue and 29th Street. It is my under- standing that a resolution will be offered to City Council by Mayor Meyera Oberndorf which will oppose the granting of permission to place such a business establishment at this location. I am sorry that a previous commitment prevents me from being present at the December 12 meeting of City Council. I would join with the Mayor and others who will be present at the meeting to speak in opposition to this proposal. I fully agree with the individuals and the citizen's groups who are joining together in opposition to the proposal. Those who wish to purchase alcoholic beverages have ample opportunity to do so at numerous places of business in the area. There is absolutely no need or justification for a "drive thru" establishment. Those of us who live and work near the oceanfront take great pride in what the leaders of our great city have done and are doing in terms of beautifying the resort area and making it more attractive to residents and visitors. A "drive thru" facility such as the one being proposed would be totally out of character with what has been developed. I urge members of City Council to vote against this proposal. Thank you for your consideration of this letter of opposition. Sincerely, J. Scottie Griffin Senior Pastor JSG/rvc Galilee Episcopal Church (The Bishop Tucker Memorial) Post Office Box 847 Virginia Beach, Virginia 23451 Telephone (804) 428-3573 Fax (804) 422-6854 The Rev. John Burley Rector December 11, 1995 The Honorable Meyera A. Oberndorf Mayor, C~ty of V~rg~n~a Beach Virginia Beach C~ty Council Members Municipal Center V~rgin~a Beach, VA 23456 Dear Mayor Oberndorf and City Council Members, I am writing to support a resolution opposing the establishment and l~censlng of a drive-through type convenience store which w~ll · nclude alcohol sales. As the Rector of a large Episcopal church located on Pacific Avenue, I support the many efforts of the Mayor, Council and other c~v~c organizations to promote Virginia Beach resort as a family resort. Of course, the wholesome atmosphere of the residential area of the resort beach is vital to the families I represent. The es- tablishment of this type of business ~s not ~n keeping w~th higher goals and ideals that we desire for Virginia Beach. I fully support the Mayor's resolution to oppose th~s type of business. Sincerely, J . Burley Rector SECOND PRECINCT CITIZENS' ADVISORY COMMITTEE CITY OF VIRGINIA BEACH, VIRGINIA EDWARD R STOLLE, Chairman DONALD DENAUL T, V/ce Chairman DOROTHY ANTHONY, Secretary BARBARA YA TES, Treasurer TERRY MORROW, Recording Secretary CHARLES GARDNER, Immediate Past Chairman November 10, 1995 Captain Ernest F. Buzzy, Second Precinct Virginia Beach Police Department 319 18th Street Virginia Beach, VA 23451 RE: Prospective Application for an ABC License for the Sale of Regulated Beverages at a Drive-Through Convenience Store at 29th Street and Pacific Avenue, Virginia Beach, Virginia , Dear Captain Buzzy: I am sending you this letter to confirm that by unanimous resolution of the members present at the meeting of the Second Precinct Citizens' Advisory Committee on October 18, 1995, the Committee is opposed to the issuance of an ABC license for the sale of regulated beverages at a drive-through type conven.[ence store proposed to be located at 29th Street and Pacific Avenue in the Ci.ty of Virginia Beach. We ask that you consider our Committee's opposition to this matter in connection with ~our review and recommendations to the ABC Board concerning any application for the issuance of an ABC license for such an establishment. Thank you for your cooperation. Very truly y~ours, Edward R. Stolle Chairman, Second Precinct Citizens' Advisory Committee cc: Catherine H. Giordano, Chairman, ABC Board James K. Spore, City Manager RESORT BEACH CIVIC LEAGUE AND COALITION 607 NIXTU ]TH FREET October 31, 1995 Catherine H. Giordano, Chairperson Commonwealth of Virginia Department of Alcoholic Beverage Control 2901 Hermitage Road P. O. Box 27491 Richmond, VA 23201 Dear Mrs. Giordano, The Resort Beach Civic League and Coalition has information that investors want to build a "Brew- Thru" at 29th Street and Pacific Avenue. At the October 23, 1995 meeting the members present voted unanimously not to support any drive through alcohol sales in the resort area, or the State of Virginia. Without doubt the members do not support a drive through of any type in this area as the necessity for such a business can not be proved. This area is a residential and family resort beach with an already excessive number of off premise licensees. Please deny any application for this type of establishment. We really need your help so our citizens can act now rather than react later. Thank you so much for your consideration. Sincerely, MaryAnne Nixon, President 804-428-4277 enclosures: map, Mission Statement cc: Meyera E. Oberndorf, Mayor Members of City Council ~ James K. Spore, City Manager Capt. E. F. Buzzy CENTRAL PARK N 07~5'00' W 90 00' O0 INSTAll 6' WOOD SCREEN 1 CON 0I TC9 O0 TC8 50 TC8 40 37 00' I~TC9 oo PROPOSED .S-MASONR VENIENCE Sl 1850 SF FF= 900 ORE 37 00' TC9 O0 GTD TCB, 67 TW8 67 FL8 67 FL8 67 ----INSTALL 4"PVC O 1~. roIn. GTD TC8 40 TC8 10 FlED DI 6O IETAIL 165' " PERF. MODIFIED DI RIM 7 60 SEE DETAIL TC8 O0 CONC. TC8 50 TC8 60 LL 5/8" Wlvl Ex -_-RVING J TC8.~.o R ' TC7 98 SCO C I~ N C. (7 41:1:) $1Dr'Wk[.k TC8 20 TC8.08 INSTALL CG-9D (7" THK, 3000 PSI CONC) 90 00' S 0745'00' E TC8 10 PP,4~ LOVE & REPLACE SIDEWALK TO NEAREST JOINT TO PROV1DE INS11 HC I