HomeMy WebLinkAboutJUNE 13, 1995 MINUTESCity Gl Vir' i i
"WORLD'S LARGEST RESORT CITY"
t'l I Y t'()UNCIL
MAYOR MEYERA E OBERNDORF At Large
VICE MAYOR WILLIAM D SESSOMS, JR, At-Large
JOHN A BAUM Blackwater Borough
L/NWOOD O BRANCH Ill V~rgm~a Beach Borough
ROBERT K DEAN Pnncess Anne Borough
W W HARRISON, IR Lynnhaven Borough
HAROLD HEISCHOBER, At Large
BARBARA M HENLEY, Pungo Borough
LOUIS R JONES, Baystde Borough
NANCY K PARKER, At Large
LOUISA M STRAYHORN, Kempstalle Bo~ugh
]AMES K SPORE, C~ty Manage~
LESLIE L LJLLEY, C,ty Attorney
RUTH HODGES SMITH CMC / AAE C~ty Clerk
CITY COUNCIL AGENDA
June 13, 1995
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH VIRGINIA 23456 9005
(804~ 427 4303
I. CITY MANAGER'S BRIEFINGS
- Conference Room -
10:30 AM
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VIRGINIA BEACH HISTORIC RESOURCE MANAGEMENT PLAN Robert J. Scott, Director, Planning
C. Mac Rawls, Director, Virginia Marine Science Museum
SANDBRIDGE SEWER ROUTE
Clarence O. Warnstaff, Director, Public Utilities
STORMWATER MANAGEMENT ORDINANCE AMENDMENTS
Vanessa T. Valldejuli, Assistant City Attorney
II. AGENDA REVIEW SESSION
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REVIEW OF AGENDA ITEMS
CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room -
12:30 PM
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CALL TO ORDER - Mayor Meyera E. Oberndorf
ROLL CALL OF CITY COUNCIL
RECESS TO EXECUTIVE SESSION
IV.
FORMAL SESSION
- Council Chamber -
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
2:00 PM
B. INVOCATION:
Reverend George Sweet
Atlantic Shores Baptist Church
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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 and Formal Sessions
June 6, 1995
G. ADOPT AGENDA FOR FORMAL SESSION
H. MAYOR'S PRESENTATION
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MISS VIRGINIA BEACH -
MISS TIDEWATER
Miss Amber Medlin
Miss Laura Anne Shelton
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CONSENT AGENDA
The Consent Agenda will be determined during the AGENDA REVIEW Session and
considered in the ordinary course of business by City Council to be enacted by
one motion.
J. ORDINANCES
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Ordinance to AMEND and REORDAIN Section 6-71 of the Code of
the City of Virginia Beach re impersonation of lifeguards.
Ordinance to AMEND and REORDAIN Chapter 6, Sections 6-122.2
and 6-122.3 of the Code of the City of Virginia Beach re
consent to blood or breath test and presumptions from
alcoholic content·
Ordinance to AMEND and REORDAIN Chapter 21, Sections 21-19,
21-321.1, 21-338, 21-343, 21-456 and 21-465 of the Code of the
City of Virginia Beach re the Motor Vehicle and Traffic Code.
Ordinance to AMEND and REORDAIN Section 23-33 of the Code of
the City of Virginia Beach re scalping tickets for public
events.
Ordinance to TRANSFER $192,176 from the General Fund Reserve
for Contingencies to the Department of Convention and Visitor
Development re additional costs as a result of increased
visitation inquiries.
Ordinance to authorize the City Manager to execute Police
Mutual Aid and Cooperation agreements with University (NSU)
and Old Dominion University (ODU) re furnishing of police
services.
Sandbridge Sanitary Sewer Project (CIP 6-931):
a·
City Council to authorize Route No. 6 for the
construction of a Force Main from the Atlantic Treatment
plant to the Lago Mar area.
b·
Resolution to authorize the City Manager to enter into an
Interest Participation Agreement with the Hampton Roads
Sanitation District (HRSD) re construction of public
sanitary sewer service facilities.
Ordinance to REPEAL an Ordinance adopted 27 February
1984, entitled "An Ordinance establishing the service
areas of the Sandbridge Sewer Project and authorizing the
construction of Phase I".
.
Applications for Annual Permit Renewal for private, municipal
and non-profit organizations operating emergency medical
service agencies or vehicles within the City, pursuant to
Section 10.5-2 of the City Code:
(1) Advanced Wheelchair Transport, Inc.
(2) Chesapeake Emergency Medical Services
(3) Children's Hospital of the Kings Daughters
(4) Eastern Medical Transport
(5) Medical Transport, Inc.
(6) Mercy/Tidewater Ambulance Service
(7) Nightingale Air Ambulance
(8) Norfolk Fire and Paramedical Services
(9) Ocean Rentals Ltd.
(10) Virginia Beach Lifesaving Service
K. PUBLIC HEARING - PLANNING
3:00 PM
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PLANNING BY CONSENT - To be determined during the AGENDA REVIEW Session
Ordinance re the discontinuance, closure and abandonment of
portions of the following streets in the petition of GEORGIA-
PACIFIC CORPORATION (KEMPSVILLE BOROUGH):
Mac Street:
Beginning at the Southern boundary of Rouse
Drive and running in a Southerly direction a
distance of 418.95 feet along the Eastern
property line and a distance of 375.82 feet
along the Western property line to the
Northern boundary of the Virginia Beach-
Norfolk Expressway.
Price Street: Beginning at the Southern boundary of Rouse
Drive and running in a Southerly direction a
distance of 744.71 feet along the Eastern
property line and a distance of 674.67 feet
along the Western property to the Northern
boundary of the Virginia Beach-Norfolk
Expressway.
Deferred'
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22 March 1994
27 September 1994
28 March 1995
Recommendation:
FINAL APPROVAL
Ordinance re the discontinuance, closure and abandonment of a
portion of Princess Anne Road beginning at a point 480 feet
more or less North of Flanagans Lane and running in a
Northerly direction to the Eastern boundary of Relocated
Princess Anne Road, containing 32,301 square feet, in the
petition of the CITY OF VIRGINIA BEACH (PRINCESS ANNE
BOROUGH).
Recommendation:
FINAL APPROVAL
Petition of EASTMAN ENTERPRISES, INC. for the discontinuance,
closure and abandonment of a portion of Q~m Neck Road located
at the Southwest intersection of Dam Neck Road and
London Bridge Road, containing 27,799 square feet
(PRINCESS ANNE BOROUGH).
Deferred:
14 June 1994
13 January 1995
Recommendation: ADDITIONAL 180-DAY DEFERRAL
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Application of STEVE STEINHILBER for the enlargement of a
nonconforming use at 652 Thalia Road re waiting area for an
existing restaurant (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
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Application of JAMES M. GRUSZECZKA for the conversion of a
nonconforming use at 408 27th Street re converting a single-
family dwelling to a garage apartment ( VIRGINIA BEACH
BOROUGH ).
Recommendation:
DENIAL
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Applications of CHURCH POINT ASSOCIATES, L.P. re the South
Side of Church Point Road, 1400 feet more or less East of
Greenwell Road (BAYSIDE BOROUGH):
a·
RECONSIDERATION OF CONDITIONS placed on the January 8,
1990, approved Conditional Use Permit for open space
promotion
be
Variance to Section 4.4(d) of the Subdivision Ordinance
which requires the platting of lots without frontage on
a public street.
Recommendation'.
APPROVAL
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Application of BRIGHT FAMILY TRUST for a Variance to Section
4.4(b) of the Subdivision Ordinance which requires all newly
created lots meet all requirements of the City Zoning
Ordinance at the Southwest extremity of Landing Road
(BLACKWATER BOROUGH).
Recommendation:
APPROVAL
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Application of SYLVESTER NICHOLS for a Variance to
Section 4.4(d) of the Subdivision Ordinance which requires all
newly created lots have direct access to a public street on
the North side of General Street on Lot 6, Newlight
(KEMPSVILLE BOROUGH).
Recommendation-.
APPROVAL
10. Application of DEVELOPMENT OPTIONS, INC., for Conditional
Changes of Zoning District Classification to B-2 Community
business District (KEMPSVILLE BOROUGH):
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from R-5D Residential Duplex District at the Northwest
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intersection of Lynnhaven Parkway and Princess Anne Road,
containing 20.30 acres
be
from I-1 Light Industri~l District on the Southwest side
of Princess Anne Road beginning at a point 290 feet more
or less Northwest of Lynnhaven Parkway (4233 Princess
Anne Road), containing 23.44 acres
Deferred:
23 May 1995
Recommendation: APPROVAL
11. Application of STEVEN I. FOX for a Change of Zoning District
Classification from A-12 Apartment District to R-5D
Residential Duplex District on the Southwest corner of 24th
Street and Mediterranean Avenue (600 24th Street), containing
11,400 square feet (VIRGINIA BEACH BOROUGH).
Recommendation:
APPROVAL
12. Application of THE HAPPY CRAB, INC., for a Chanae of Zonina
District Classification from A-12 Apartment District to RT-3
Resort Tourist District 150 feet more or less North of Laskin
Road beginning at a point 650 feet West of Holly Road
(550 Laskin Road), containing 21,000 square feet
(VIRGINIA BEACH BOROUGH).
Recommendation:
APPROVAL
13. Application of MILLER OIL CO., INC. for a Conditional Use
Permit for a carwash at the Southwest corner of Jericho Road
and Independence Boulevard (627 Independence Boulevard),
containing 37,897 square feet (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
14. Application of JAMAT, INC. for a Conditional Use Permit for
an automotive repair facility at the Southwest corner of
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Independence Boulevard and Tulip Road (1613 Independence
Boulevard), containing 21,780 square feet (BAYSIDE BOROUGH).
Recommendation:
APPROVAL
15. Application of GOLFORAMA, INC. for a Conditional Use Permit
for a reGr~tion~l facility of an outdoor nature (golf driving
range~ mini-golf and game room) on the East side of South
Military Highway, North of Providence Road (920 South Military
Highway), containing 18.5 acres (KEMPSVILLE BOROUGH)
Recommendation:
APPROVAL
16. Application of MICHAEL WAYNE CLIFTON for a Conditional Use
Permit for a bulk storaae facility (automobiles) on the East
side of South Military Highway, 560 feet more or less North of
Alexandra Avenue (748 and 746 South Military Highway),
containing 40,000 square feet (KEMPSVILLE BOROUGH).
Recommendation:
APPROVAL
L. APPOINTMENTS
CBPA - CHESAPEAKE BAY PRESERVATION AREA BOARD
HRPDC - HAMPTON ROADS PLANNING DISTRICT COMMISSION
RAAC - RESORT AREA ADVISORY COUNCIL
SOCIAL SERVICES BOARD
TCC - TIDEWATER COMMUNITY COLLEGE
UNFINISHED BUSINESS
N. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS'.
a.
Resolution to request the Congress of the United States
continue funding the Federal Impact Aid re benefit of
children of military and civilian-military personnel/
families. (Sponsored by Mayor Meyera E. Oberndorf)
be
Ordinance to AMEND and REORDAIN Chapter 7 of the Code of
the City of Virginia Beach by ADDING Section 7-63 re
bicycle helmets. (Sponsored by Council Members
Louisa M. Strayhorn and William W. Harrison, Jr.)
O. ADJOURNMENT
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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)
* * * * * * * * *
06/08/95CMD
AGENDA\ 06-13-95. PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
June 13, 1995
Councilman Baum called to order the AGENDA REVIEW SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Conference Room, City Hall Building, on Tuesday, June 13, 1995, at
10.30 A M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, Harold
Heischober, Barbara M Henley, Louts R. Jones, Nancy IC Parker and
Louisa M. Strayhorn
Council Members Absent:
Mayor Meyera E. Oberndorf
[ENTERED: 10:38 P.M.]
~ce Mayor William D. Sessorns, Jr.
[ENTERED: FORMAL SESSION 2:20 P.M.
Business Meeting]
William W. Harrison, Jr [ENTERED: 11.14 A.M.]
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CITY MANAGER'S BRIEFING
HISTORIC RESOURCE MANAGEMENT PLAN
10:30 A.M.
ITEM # 39312
Mac Rawls, Director, Virginia Marine Science Museum, advised the Historic Resource Management Plan
is a way of monitoring the City's inventory of historic sites. This is not a Historic Preservation Plan.
These are notable historic sites, which the City desires to be a part of the record of Virginia Beach. This
is the framework for a Plan, not the plan itself. This was a cooperative endeavor between the Departments
of Museums and Planning.
Thomas J. (Jeff) Stodghill, primary consultant and principal in the firm of PMA Consulting Services,
advised the City has attempted to bring technical expertise and the involvement of the public to develop
a long range Historic Resource Management Plan. Mr. Stodghill advtsed.
PURPOSE OF PROJECT
Identify issues (largely outcome
of public work sessions)
Develop series of goals
Develop series of strategies
Mr. Stodghill referenced Section 3, Framework of Objective and Strategies of the Plan. The Framework
is the Core of the Plan Over 800 historic resources have been identified in Virginia Beach. Many of these
are worthy of preservation due to national, state and local significance. Other sites which are 50 years
or older have been deemed important enough to document. These have been identified through the
combined efforts of the following groups: (I) citizens; (2) amateur historians; (3) the Historic American
Buildings Survey (HABS) in the 1950s; (4)the Virginia Landmarks Commission survey in the 1970s;
(5) the Inventory of Historic Buildings and Sites Report prepared by the City of Virginia Beach; (6)
Cultural Resources Surveys related to Htghway and Federal projects; (7) surveys performed by Frazier
Associates in 1992 and Traceries in 1993, as well as (8) information on architectural resources and
archaeological sites collected as part of highway and other federal or state projects. Thirteen (13)
properties in the City have already been placed on the National Register of Historic Places. Of these, the
Old Cape Henry Lighthouse and Adam Thoroughgood House are especially dtstinguished as National
Historic Landmarks because of their significance to the early history of Virginia. Eleven of the
unrecognized national significant resources have been determined to be eligible for nomination to the
Register, 24 are potentially eligible, but will require addttional revtew to determine ehgibility. Eleven
(Il) sites are locally significant, but not eligible to the National Registrar. Virginia Beach has already
recognized many of its important historic resources by designating them as historic and cultural districts
through the City's zoning ordinance. Thirteen historic sites have been designated under the ordinance,
which provides for design guidance for property owners making alterations or additions to their
properties. Mr. Stodghill &splayed slides of some properties and thetr designation.
National Historic Landnmrk
National Register Site
Cape Henry Lighthouse
Adam Throughgood House
Upper Wolfsnare Plantation
National Register Eligible Site
Broad Bay Manor
The Hermitage
Kenstock
Pocohontas Hunt Club
Greystone Manor
Frank Lloyd Wright House
Tallwood
Potentially Eligible/Further Study
Cavalier Hotel
Cooke House
Fentress Farm
Edgar Cayce Hospital
Roland Courts Building
June 13, 1995
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CITY MANAGER'S BRIEFING
HISTORIC RESOURCE MANAGEMENT PLAN
ITEM # 39312 (Continued)
Part of the scope of this study involved mapping the locations of historic architectural resources and
archaeological sites in the City. Each resource was mapped electronically using Maplnfo, a desktop
computer mapping system, which like other GIS (Geographic Information Systems) allows the statistical
information on sites to be Hnked to their location on the map as that information can be retrieved by
selecting a specific site location. Maps were created by transferring site locations from USGS maps on
file at the Vi)HR. Then selected data from the State's Integrated Preservation Software System were
imported into Maplnfo and joined to the map. The resources were mapped in this way to assist in the
analysis of the data and creation of the final maps for the project.
Potential Uses for Electronic Maps
Tourism Applications
Historic Resource Management Applications
Educational/Public Awareness Applications.
Mr. Stodghill cited the objectives;
OBJECTIVE # 1 - Utilize special opportunities where historic
preservation can assist to enhance tourism, economic development and
other important goals of the Ctty.
OBJECTIVE # 2 - To initiate a program which recognizes significant
historic resources and establishes a sense of awareness and pride of how
these resources relate to the history of the City and region.
OBJECTIVE # 3 - To enhance and more fully develop a long-term
historic resource management program.
OBJECTIVE # 4 - Seek funding and financing resources to support the
continual development and management of historic resources.
OBJECTIVE # 5 - Involve the community in defining and managing
historic resources.
Messrs Robert Scott, Tom Pauls and Robert Davis of the Department of Planning, who assisted in the
formation of this report, were in attendance.
The Mayor introduced Attorney General Gilmore who came this morning to sign a compact between the
Police, Sheriff's Department and Senior Cittzens of Virginia Beach to make this City not only safer for
children, but to complete the circle of life making the City an excellent place to live for Senior Citizens.
Mayor Oberndorf presented a check in the amount of $2,000 to Mac Rawls from the Ford Motor Company
Plant for the Marine Science Museum's expansion.
June 13, 1995
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CITY MANAGER'S BRIEFING
SANDBR1DGE SEWER ROUTE
11:12 A.M.
ITEM # 39313
Clarence Warnstaff, Director of Public Utilities, advised the Sandbridge Sanitary Sewer CIP Project was
authorized by the City Council with the adoption of the 1993-94 Capital Improvement Program.
Preliminary engineering design of the public sewer system to serve the Sandbridge area is underway. A
sanitary sewer force main route analysis has been completed. The analysis has been provided to interested
parties: Sandbridge Civic League, Friends of Back Bay and the Back Bay National Wildlife Refuge. A
public meeting was held on August 31, 1994, to provide a briefing to the public and to respond to
questions. A briefing was provided to City Council on November 22, 1994. City Council adopted an
ordinance in February 27, 1984, that established a Sandbridge Sanitary Sewer Service Area. A Public
Hearing was conducted on this ordinance and the Sandbridge Project on January I0, 1995. The City staff
is requesting the City Council authorize Route No. 6 for the construction of a Force Main; authorize the
City Manager to execute an Interest Participation Agreement with Hampton Roads Sanitation District
for the interceptor force main; and, City Council rescind the ordinance adopted on February 27, 1984.
In essence, there are two routes that have been considered: (1) Route # 5 along Sandbridge Road,
traveling west to a point that intersects with the existing City right-of-way that was purchased for Ferrell
Parkway, continuing straight and connecttng to an existing City Sanitary Force Main at Atwoodtown
Road; (2) Route #6 provtdes for conveying the waste water north to the Sandbridge neighborhood to the
Navy's Dam Neck facdity and into the Atlantic Waste Water Treatment Plant. In prior discussions, City
Staff had recommended the route along Sandbridge Road (Alternative #5), but now recommend City
Council authorize the City Manager to proceed with Route #6. The cost of the two alternatives is
essentially the same. The Hampton Roads Samtation District is willing to provide to the City a
contribution up to $1.2-MILLION for construction of the force main. At a Public Hearing on January
10, 1995, the Friends of Back Bay presented Alternative Route #6 for consideration. This route avoids
potential secondary development impacts. The Ctty would not need to purchase land in order to mitigate
the route to convey the waste water.
Mr. Warnstaff believed Route #5 would be faced with severe opposition in the permitting proces and that
the project would be delayed if the City is ultimately successful in attaining the permits'. The following
points of agreement have been reached between HRSD and the City regarding the alternative route:
City of Virginia Beach agrees to fund, design, build, own and
operate the Sandbridge force main through Dam Neck to the
Hampton Roads Sanitation District (HRSD) Atlantic
Treatment Plant.
HRSD agrees to provide Virginia Beach a contribution of $1.2-
MILLION to aid in the construction of the Sandbridge force
main through Dam Neck. The $1.2-MILLION is the estimated
construction for HRSD to design and construct a force main
from Sandbridge along Sandbridge Road/Ferrell Parkway to the
Lago Mar Area (Atwoodtown Road).
The Ctty agrees to enter an Interest Participation Agreement
wtth HRSD for the construction of approximately 10,000 feet
for HRSD interceptor force main from the Ferrell Parkway
Corridor - Lago Mar Area - to the Atlantic Treatment Plant.
HRSD will give the City credits for existing connections in the
1.ago Mar/Red Mill service areas once the Lago Mar/Red Mill
sewer flows are re-routed to the new interceptor force main.
The City assumes full responsibility to provide sanitary sewer
service to the area east of Atwoodtown Road as illustrated in
Figure 2, if the service is ever deemed to be appropriate for
that area.
June 13, 1995
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CITY MANAGER'S BRIEFING
SANDBRIDGE SEWER ROUTE
ITEM # 39313 (Continued)
6.
~Is an alternative to the 1990 HRSD Development Plan for the
Southern Loop Interceptor, the City and HRSD mutually agree
to participate in a study to determine an interim approach to
providing additional capacity through the upgrade and use of
existing City and HRSD force mains located generally following
the Salem Road/North Landing Road/Ferrell Parkway corridor
as illustrated in Figure 3.
Mr. Warnstaff advised the present value for the operation and maintenance of the force main for
Alternative #6 wouM be $160,000. This is included in the cost comparison between/Ilternative 5 and
/Ilternative 6.
June 13, 199.5
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CITY MANAGER'S BRIEFING
STORMWA TER MANAGEMENT O~INANCE AMENDMENTS
11:50 A.M.
ITEM # 39314
Vanessa T. Valledejuli, Assistant City Attorney, distributed copies of the Ordinance to amend and
reordain Appendix D of the City Code pertaining to Stormwater Management. These amendments
represent approximately ten months of a concentrated effort between an Interdepartmental Review Team,
comprised of members of the Departments of Planning, Public Works and the City Attorney's Office, the
Virginia Department of Conservation and Recreation, which is the State reviewing agency. They are
responsible for reviewing all local Stormwater Management Ordinances and their programs for
consistency and compliance with State regulations. Additionally, a draft version of this Ordinance was
sent to the Tidewater Builders Associatton for their review and comment Tuck Bowie, President - TBA,
advised of no concerns over the amendments and realization of the importance of the City's compliance
with State regulations. Comments from the Department of Conservation and Recreation are also favorable.
The proposed amendments address four major areas of concern:
(1) Consistency with 1994 amendments to the State Code.
Change in the definition of the term "water shed"
A definition of the term "linear development project" was added.
Added "linear development projects" to the exemptions.
(2) Consistency with State Administrative regulations.
Change the term "Best Management Practices" to "Stormwater Management
Facilities ".
The City, in 1988 adopted, the local Stormwater Management Ordinance and program two years prior
to the adoption of the final regulations by the State.
There are some substantive changes that do effect the development community and the way business is
done in Virginia Beach. Mrs. Valledejuli cited page 9, Section 5 (a) of the Ordinance commencing on
line 295. There must be a Stormwater Management Plan submitted and approved prior to the issuance
of any la'nd of permit. The second substantive change is on page 10 of the Ordinance commencing on line
338. This is the elimination of Watvers for the Stormwater Management Plan. The Code of Virginia and
the regulations only allow for variances or exceptions to the provisions of the Stormwater Management
Ordinance. There is no provision to allow for a waiver of the submission of the Stormwater Management
Plan. Page I1 outlines the requirement for variances. The next are changes in the review and plan
approval process, which have been mandated by the State regulations. These are illustrated on page 16,
line 554, Section 7 (d) of the Ordinance. The next change is on page 26, Section 12: a required long
term maintenance agreement. This only applies to privately owned property, which the developer or
owners are going to maintain control of the Stormwater Management Facility. For those systems, which
are under the jurisdiction and care of the City, this is not a requtrement. One of the objectives of the
Inter-departmental Team was to develop a formal Maintenance Agreement. The agreement allows the
City to regularly inspect these systems under the Code of Virginia and the regulattons. It allows the City
to take corrective action, if needed, in the event of an emergency, where the system may fail and the
health, safety and welfare of the public that is adjacent to these properties may be impaired. It is also
to enforce long term maintenance.
The last major change dealing with consistency issues was the addition on page 27, Section 13, line 968:
(c) Civil penalties and charges. These were added as a deterrent to anyone who intentionally or
unintentionally violates Stormwater Management provisions. These provisions are in the Wetlands and
Coastal Primary Sand Dune Orchnance and have been quite successful in deterring people from violating
the code.
June 13, 1995
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CITY MANAGER'S BRIEFING
STORMWA TER MANAGEMENT ORDINANCE AMENDMENTS
ITEM # 39314 (Continued)
The next area of change would a setback requirement for retention and detention basins that are
associated with land development projects or stand-alone projects. They are found on Page 23 of the
Ordinance, starting on line 796, Sections (s) and (t).
The last area of change has to do with the transfer of responsibilities for administration and enforcement
of the ordinance from the Department of Public Works to the Department of Planning. These changes
are housekeeping changes and scattered throughout the ordinance. Basically where the responsibility is
now with the Department of Planning, the Ordinance has been changed to reflect the Director of
Planning. If the responsibihty or jurisdiction had remained with Public Works, then the Ordinance would
not have changed in that respect. There is concurrent juris&ction for enforcement of the Stormwater
Management Ordinance with the Department of Public Works and the Department of Planning.
This Ordinance will be SCHEDULED for the City Council Session of June 27, 1995.
June 13, 1995
-8-
AGENDA
REVIEW
12:43 P.M.
ITEM # 39315
SESION
Councilman Dean referenced:
J. 2. Ordinance to AMEND and RE, ORDAIN Chapter 6, Sections
6-122.2 and 6-122.3 of the Code of the City of Virginia Beach
re consent to blood or breath test and presumptions from
alcoholic content.
Councilman Dean expressed concern relative the use of the words "he" and "his", always speaking of
the male rather than the female. Policemen also ticket intoxicated women drivers. The ordinance seems
to be generally directed. This utilization first begins on line 46, page 2.
The City Attorney advised the Ordinance will be AMENDED substituting the words "he or she" for each
instance he or she is utilized.
Assistant Attorney Randall Blow advised in Chapter 1 of the Ctty Code, it states whenever the word "he"
is used it shall be deemed to mean "he, she, or any gender".
ITEM # 39316
The City Manager advised the following will be discussed:
J. 7 Sandbrzdge Sanitary Sewer Project (CIP 6-931):
Route No. 6 for the construction of a Force Main from the Atlantic
Treatment plant to the Dam Neck area.
Resolution to authorize the Ctty Manager to enter into an Interest
Participation Agreement with the Hampton Roads Sanitation District
(HRSD) re construction of public sanitary sewer service facilities.
Ordinance to REPEAL an Ordinance adopted 27 February 1984, entitled
"An Ordinance establishing the service areas of the Sandbridge Sewer
Project and authorizing the construction of Phase I".
ITEM # 39317
BY CONSENSUS of City Council, the following items shall compose the CONSENT AGENDA:
RES OL UTION/ ORDINANCES
Ordinance to AMEND and REORDAIN Section 6-71 of the
Code of the City of Virginia Beach re impersonation of
lifeguards.
J. 2.
Ordinance to AMEND and REORDAIN Chapter 6, Sections
6-122.2 and 6-122.3 of the Code of the City of Virginia Beach
re consent to blood or breath test and presumpttons from
alcoholic content.
J. 3. Ordinance to AMEND and REORDAIN Chapter 21, Sections
21-19, 21-321.1, 21-338, 21-343, 21-456 and 21-465 of
the Code of the City of Virginia Beach re the Motor Vehicle
and Traffic Code.
June 13, 1995
-9-
AGENDA REVIEW SESSION
ITEM # 39317 (Continued)
J. 5
J. 6.
J7.
Ordinance to AMEND and REORDAIN Section 23-33 of the
Code of the City of Virginia Beach re scalping tickets for
public events.
Ordinance to TRANSFER $192,176 from the General Fund
Reserve for Contingencies to the Department of Convention
and Visitor Development re additional costs as a result of
increased visitation inquiries.
Ordinance to authorize the City Manager to execute Police
Mutual Aid and Cooperation agreements with Norfolk State
Umversity (NSU) and Old Dominion University (ODU) re
furnishing of police services.
Applications for Annual Perndt Renewal for private, municipal
and non-profit organizations operating emergency medical
service agencies or vehicles within the City, pursuant to Section
10.5-2 of the City Code.
Advanced Wheelchair Transport, Inc.
Chesapeake Emergency Medical Services
Children's Hospital of the Kings Daughters
Eastern Medical Transport
Medical Transport, Inc.
Mercy/Tidewater Ambulance Service
Nightingale Air Ambulance
Norfolk Fire and Paramedical Services
Ocean Rentals Ltd.
Virginia Beach Ltfesaving Service
ITEM # 39318
Council Members Dean and Parker reference&
I~5 Application of STEVE STEINHILBER for the enlargement of
a nonconforming use at 652 Thalia Road re waiting area for
an existing restaurant (KEMPSVILLE BOROUGH)
This item will be clarified.
ITEM # 39282
Councilman Branch referenced:
Application of JAMES M. GRUSZECZKA for the conversion
of a nonconforming use at 408 27th Street re converting a
single-family dwelling to a garage apartment (VIRGINIA
BEACH BOROUGH)
Councilman Branch will request this be DEFERRED until the City Council Session of June 27, 1995.
Councilman Branch has several inqutres relative redevelopment at the oceanfront and setting precedence
in nonconforming uses. Councilman Branch also requested assistance from Council Lady Parker.
June 13, 1995
- 10 -
AGENDA REVIEW SESION
ITEM # 39319
Councilman Dean referenced:
K. 7 CHURCH POINT ASSOCIATES, L.P. re the South Side of
Church Point Road, 1400 feet more or less East of Greenwell
Road (BA YSIDE BOROUGH):
Variance to Section 4.4(d) of the Subdivision Ordinance which requires
the platting of lots without frontage on a public street.
RECONSIDERATION OF CONDITIONS placed on the January 8,
1990, approved Conditional Use Permit for open space promotion
Councilman Dean referenced Condition No. 5. (the disclosure statement) and was informed this will be
recorded on the subdivision plat, as well as in the restrictions of the homeowners' documents.
Council Lady Parker expressed concern relative impact on the adjacent neighborhood.
This item will be discussed.
Councilwoman Henley referenced:
ITEM # 39320
IC8 Application of BRIGHT FAMILY TRUST for a Variance to
Sectzon 4.4(b) of the Subdzvision Ordinance which requires all
newly created lots meet all requirements of the City Zoning
Ordinance at the Southwest extremity of Landing Road
~,,_~.,,,,.~,,_~., ~,,~.,~,~,~,.,~., ~,,,,.,,., BOROUGH.
This item is in the PUNGO, not BLACKWATER BOROUGH. Council Lady Henley advised this was
subdivided several years ago, and the family who settled the estate only found out recently that the
attorney had not put it to record. This item is fine for Consent, unless opposition is present.
ITEM # 39321
Council Members Strayhorn and Parker referenced:
K. 9 Application of SYLVESTER NICHOLS for a Variance to
Section 4.4(d) of the Subdivision Ordinance which requires all
newly created lots have direct access to a public street on the
North side of General Street on Lot 6, Newhght
(KEMPSVILLE BOROUGH)
Council Lady Parker advised concerns and this item will be pulled for discussion.
June 13, 1995
- 11 -
AGENDA
REVIEW
ITEM # 39322
SESION
Council Lady Parker referenced:
ICl2 Application of THE HAPPY CRAB, INC., for a Change of Zoning District
Classification from ,4-12 Apartment District to RT-$ Resort
Tourist District 150 feet more or less North of Laskin Road
beginning at a point 650 feet West of Holly Road (550 Laskin
Road), containing 21,000 square feet (VIRGINIA BEACH
BOROUGH).
IC 13 Apphcation of MILLER OIL CO., INC. for a Conditional Use Permit for
a carwash at the Southwest corner of Jericho Road and
Independence Boulevard (627 Independence Boulevard),
containing 37,897 square feet (BAYSIDE BOROUGH)
K14 Application of JAMAT, INC. for a Conditional Use Permit for an
automotive repair facili~_ at the Southwest corner of
Independence Boulevard and Tulip Road (1613 Independence
Boulevard), containing 21, 780 square feet (BAYSIDE
BOROUGH)
IC15~,tpplication of GOLFORdMA, INC. for a Conditional Use permit for a
recreattonal facility of an outdoor nature (golf driving range.
mini-golf and game room.) on the East side of South Military
Highway, North of Provtdence Road (920 South Mtlitary
Highway), containing 18.5 acres (KEMPSVILLE BOROUGH
Council Lady Parker requested City Staff address these concerns.
ITEM # 39323
BY CONSENSUS of City Council, the following items shall compose the PIM. NNING BY CONSENT
AGENDA:
K2.0rdinance re the discontinuance, closure and abandonment of portions
of the following streets in the petition of GEORGIA-PACIFIC
CORPORATION (KEMPSVILLE BOROUGH):
Mac Street:
Beginning at the Southern
boundary of Rouse Drive and
running in a Southerly direction
a distance of 418 95 feet along
the Eastern property line and a
distance of 375.82 feet along the
Western property hne to the
Northern boundary of the
Virginia Beach -Norfolk
Expressway.
Price Street:
Beginning at the Southern
boundary of Rouse Drive and
running in a Southerly direction
a distance of 744. 71 feet along
the Eastern property line and a
&stance of 674.67feet along the
Western property to the
Northern boundary of the
Vtrginia Beach -Norfolk
Expressway.
June 13, 1995
- 12 -
AGENDA RE VIEW SESSION
ITEM # 39323 (Continued)
K. 3 Ordinance re the discontinuance, closure and abandonment of
a portion of Princess Anne Road beginning at a point 480 feet
more or less North of Flanagans Lane and running in a
Northerly direction to the Eastern boundary of Relocated
Princess Anne Road, containing 32,301 square feet, in the
petition of the CITY OF VIRGINIA BEACH (PRINCESS
ANNE BOROUGH).
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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), subject to:
K. 6
Application of JAMES M. GRUSZECZKA for the conversion
of a nonconforming use at 408 27th Street re converting a
single-family dwelling to a garage apartment (VIRGINIA
BEACH BOROUGH)
Application of BRIGHT FAMILY TRUST for a Variance to
Section 4.4(b) of the Subdivision Ordinance which requires all
newly created lots meet all requirements of the City Zoning
Ordinance at the Southwest extremity of Landing Road
(BLA CKWA TER BOROUGH)
K~IO Application of DEVELOPMENT OPTIONS, INC., for Conditional
Changes of Zoning District Classification to B-2 Community
business District (KEMPSVILLE BOROUGH):
from R-5D Residential Duplex District at the Northwest
intersection of Lynnhaven Parkway and Princess Anne Road,
containing 20.30 acres
from I-1 L~ht Industrial Distrtct on the Southwest side of
Princess Anne Road beginning at a point 290 feet more or less
Northwest of Lynnhaven Parkway (4233 Princess Anne Road),
contaimng 23.44 acres
I~11 Application of STEVEN L FOX for a Change of Zoning District
Classification from A-12 Apartment District to R-5D
Residential Duplex District on the Southwest corner of 24th
Street and Medtterranean Avenue (600 24th Street), containing
11,400 square feet (VIRGINIA BEACH BOROUGH)
lc2.16 Application of MICHAEL WA YNE CLIFTON for a Conditional
Use Permit for a bulk storage facili~_ (automobiles.) on the East
side of South Military Highway, 560 feet more or less North of
Alexandra Avenue (748 and 746 South Military Highway),
containing 40,000 square feet (KEMPSVILLE BOROUGH)
June 13, 1995
- 13 -
COUNCIL CONCERNS
ITEM # 39324
Mayor Oberndorf referenced Ordinance to AMEND and REORDAIN Chapter 7 of the Code of the City
of Virginia Beach by ADDING Section 7-63 re bicycle helmets. (Sponsored by Council Members Louisa
M. Strayhorn and William W. Harrison, Jr.)
The City Clerk advised, at the request of Council Lady Strayhorn and Councilman Harrison, Carolyn
Stemm's students will be arriving at approximately 2:45 P.M. concerning the ordinance. This item will
be MOI/'ED FORWARD, but they have been advtsed the Planning Public Hearing, by legal advertising,
must begin at 3:00 P.M.
ITEM # 39325
Councilman Jones referenced Resolution requesting the Commonwealth Transportation Board
re-designate Interstate 1-664 and Route 44 as 1-64 to the Oceanfront; 1-64 as 1-864 in Hampton to
Route 44 in Norfolk; and, 1-64/1-864 Loop as the Hampton Roads Beltway (Option No. 4), which he
and Councilman Heischober have requested be ADDED-ON to the Agenda under NEW BUSINESS.
June 13, 1995
- 14 -
ITEM # 39326
Mayor Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, June 13, 1995, at 1:00 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. Oberndorf,, Nancy K. Parker and Louisa M. Strayhorn
Council Members Absent:
l/ice Mayor William D. Sessoms, Jr.
June 13, 1995
- 15 -
ITEM # 39327
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, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appointments: Boards and Commissions:
Chesapeake Bay Preservation Area Board
Hampton Roads Planning District Commission
Resort Area Advisory Commission
Social Services Board
Tidewater Community College
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 could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
Salem Road Right- Of- Way Acquisition
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaimng to actual or probable
litigation, or other spectfic legal matters requesting the provtsion of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
Lake Gaston settlement and related issues.
Upon motion by Councilman Baum, seconded by Council Lady Henley, City Council voted to proceed into
EXECUTIVE SESSION.
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. Oberndoff, Nancy K Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
June 13, 1995
- 16 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
June 13, 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, May 9, 1995, at 2:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., HaroM Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy lC. Parker and Louisa M. Strayhorn
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
[ENTERED: FORMAL SESSION 2:20 P.M.
Business Meeting]
INVOCATION:
Reverend T. E. Thieman
Chaplain
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central F~delity 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.
June 13, 1995
-17-
Item IV-F~.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 39328
Upon motion by Councilman Heischober, seconded by Council Lady Strayhorn, City Council
CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO
RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified tn the motion
convening the Executive Sesston were heard, discussed or considered by
Virginia Beach City Council.
Voting: I0-0
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 IC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessorns, Jr.
June 13, 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 # 39327 Page No. 15 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) 0nly such public business matters
as were idenlified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
R~th Hodges ~;mitl~, CMC/AAE
City Clerk
June 13, 1995
- 18 -
Item IV- F. 1.
MINUTES
ITEM # 39329
Upon motion by Council Lady Parker, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSION of June 6, 1995.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert lC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy lC Parker and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Vice Mayor William D. Sessoms, Jr.
June 13, 1995
- 19 -
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 39330
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
June 13, 1995
- 20 -
Item 1V-H. 1.
MA YOR 'S PRESENTATION
ITEM# 39331
Mayor Oberndorf introduced:
Miss Virginia Beach
Amber Medlin
Miss Tidewater
Laura Shelton
Miss Tidewater is a Senior at Virignia Commonwealth University and aspires to attend the Medical
College of Virginia. Miss Tidewater's major is Biology/Pre-med. She plans to implement a program ,for
the awareness and prevention for elder abuse
Miss Virginia Beach is a Graduate of Radford University with a BA in Speech Communications. Her
career ambition is to become a medial journalist or hospital administrator. She plans to continue
volunteer work for Special Olympics
Mayor Oberndorf presented each wtth tokens of appreciation from the City.
Mayor Oberndorf introduced Polly Pierce, who has shepherded for 21 years all the beautiful young ladies
through their Miss Virginia experience.
June 13, 1995
- 21 -
Item IV-J.
CONSENT AGENDA
ITEM# 39332
ORDINANCES
Upon motion by l/ice Mayor Sessorns, seconded by Councilman Branch, City Council APPROVED in one
motion Items, 1, 2 (AS AMENDED), 3, 4, 5, 6 and 8 of the CONSENT AGENDA.
Voting: 11-0
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, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
Item 1V-J. 1.
CONSENT AGENDA
ITEM # 39333
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 6- 71 of the Code of the
City of Virginia Beach re impersonation of lifeguards.
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. Oberndorf,, Nancy tC Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 6-71 OF THE CODE OF THE CITY
OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO IMPERSONATION OF
LIFEGUARD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That Section 6-71 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
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Sec. 6-71. Red Cross certificate required.
(a) It shall be unlawful ~ ~ ~-~ A _~_~ ....... for any
person to accept employment or to be employed as a lifeguard within
the city~ or to appear on or at any bathing public or private beach
or recreational swimming facility within the city and hold himself
or herself out or represent himself or herself as a lifeguard~ or
to represent himself or herself as a lifeguard to any employer,
prospective employer or any other person within the city, or
publicly to wear any emblem the effect of which is to cause the
public to believe that he or she is a lifeguard, unless such person
shall hold~ a certificate from the division of lifesaving of the
American Red Cross or some duly authorized lifesaver examiner for
the American Red Cross, to thc cffcct attesting that such
certificate holder has successfully passed the prescribed test or
examination, and has been determined to be a person duly qualified
in lifesaving work by that society or some subordinate officer or
agent thereof.
(b) In addition to the restrictions set forth in subsection
(a), it shall be unlawful for any person, whether or not he or she
is duly certified as a lifequard, to appear on or at any public
beach or any recreational swimming facility operated by the city
and to hold himself or herself out or represent himself or herself
as a lifeguard unless he or she is employed by or under contract
with the city as a lifeguard.
(c) Any person convicted of violating any provision of this
section shall be guilty of a class 4 misdemeanor.
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Adopted by the City Council of the City of Virginia Beach on
this ~day of .T,,n~ 1995.
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CA-5899
DATA/ORDIN/PROPOSED/6-71.ORD
JUNE 6, 1995
R6
APPROVED AS TO CONTENT
Department of Emergency Medical
Services
APPROVED AS TO LEGAL
SUFFICIENCY
D~rtment of Law
- 23 -
Item IV-J. 2.
CONSENT AGENDA
ITEM # 39334
ORDINANCES
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED:
Ordinance to AMEND and REORDAIN Chapter 6, Sections 6-122.2
and 6-122.3 of the Code of the City of Virginia Beach re consent to
blood or breath test and presumptions from alcoholic content
Voting: 11-0
Council Members Voting Aye:
John/t. Baum, Linwood O. Branch, III, Robert IC Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louzs R. Jones,
Mayor Meyera E. Oberndoff, Nancy IC Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
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AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 6, SECTIONS 6-122.2 AND 6-
122.3 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO CONSENT TO BLOOD OR BREATH TEST
AND PRESUMPTIONS FROM ALCOHOLIC
CONTENT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Chapter 6, Sections 6-122.2 and 6-122.3 of the Code of
the City of Virginia Beach, Virginia, are hereby amended and
reordained to read as follows:
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Sec. 6-122.2. Consent to blood or breath test.
(a) Any person who operates a watercraft or motorboat which is
underway upon waters of the commonwealth shall be deemed thereby,
as a condition of such operation, to have consented to have samples
of his blood~ or breath or both blood and breath taken for a
chemical test to determine the alcohol~ or drug or both alcohol and
drug content of his blood, if such person is arrested for operating
a watercraft or motorboat which is underway in violation of
subsection (a) of section 6-122, within two (2) hours of the
alleged offense. Any person so arrested -~i ~l~t ~ h~.~ ~'~^-
~^ ~~ ~- ~~ .... ~ ~~ ~"~ ~ ~ for a violation of
clause (i) or (ii), or both, of section 6-122(a), shall submit to
a breath test. If either thc blood test or the breath test is not
available *~ ..... ~ ~~ ~ -~ ~ ~ ~"~- H ......... ~ ~ ~ ~
· .f
..... or the person is sical unable
to submit to a breath test, a blood test shall be given. The
accused shall, prior to the administration of the test, be advised
bY the person administering the test that he/she has a right to
obse~e the process of analysis and to see the blood-alcohol
reading on the equipment used to perform the breath test. If such
equipment automatically produces a written printout of the breath
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test result, this written printout, or a copy thereof, shall be
given to the accused in each case.
(b) Any person, after havinq been arrested for a violation of
clause (iii) or (iv) of section 6-122(a), may be required to submit
to a blood test to determine the drug or both drug and alcohol
content of his blood. When a person, after having been arrested
for a violation of clause (i) or (ii), or both, of section 6-122
Ca), submits to a breath test, in accordance with subsection (a) of
this section, or refuses to take or is incapable of takinq such a
breath test, he/she may be required to submit to tests to determine
the drug or both drug and alcohol content of his blood if the law-
enforcement officer has reasonable cause to believe the person was
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operating a watercraft or motorboat under the influence of any drug
or combination of drugs, or the combined influence of alcohol and
drugs.
+b~ (c) If a person, after being arrested for a violation of
subsection (a) of section 6-122 and after having been advised by
the arresting officer that a person who operates a watercraft or
motorboat which is underway upon the waters of the commonwealth
shall be deemed thereby, as a condition of such operation, to have
consented to have a sample of his blood or and breath taken for a
chemical test to determine the alcohol or drug content of his
blood, and that the unreasonable refusal to do so constitutes
grounds for a court to order him not to operate a watercraft or
motorboat which is underway upon the waters of the commonwealth,
then refuses to permit the taking of a sample of his blood or
breath or both blood and breath samples for such tests, the
arresting officer shall take the person arrested before a
committing magistrate. If he/she again so refuses after having been
further advised by such magistrate of the law requiring a blood or
breath tcst sample to be taken and the penalty for refusal, and so
declares again his refusal in writing upon a form provided by the
Supreme Court of Virginia, or refuses or fails to so declare in
writing and such fact is certified as prescribed in Code of
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Virginia, section 18.2-268.3, then no blood or breath sample shall
be taken even though he/she may thereafter request same.
~=~ (d) When any person is arrested for operating a watercraft
or motorboat which is underway in violation of subsection (a) of
section 6-122, the procedures and requirements of Code of Virginia,
section~ 18.2-268.1 through 18.2-268.11 shall apply, mutatis
mutandis, to this section.
~ Ce) If the court or jury finds the defendant guilty of
unreasonably refusing to permit a blood or breath sample to be
taken, the court shall order such person not to operate a
watercraft or motorboat which is underway for a period of twelve
(12) months for a first offense and for twenty-four (24) months for
a second or subsequent offense of refusal within five (5) years of
the first or other such refusal. However, if the defendant pleads
guilty to a violation of subsection (a) of section 6-122, the court
may dismiss the refusal warrant.
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Sec. 6-122.3. Presumptions from alcoholic content.
In any prosecution for operation of a watercraft or motorboat
which is underway in violation of subdivisions clause (ii) or (iv)
of subsection (a) of section 6-122, the amount of alcohol in the
blood of the accused at the time of the alleged offense as
indicated by a chemical analysis of a sample of the accused's blood
or breath to determine the alcoholic content of his blood in
accordance with the provisions of section 6-122.2 shall give rise
to the following rebuttable presumptions:
(1) If there was at that time 0.05 percent or less by weight
by volume of alcohol in the accused's blood, or 0.05
grams or less per 210 liters of the accused's breath, it
shall be presumed that the accused was not under the
influence of alcoholic intoxicants;
(2) If there was at that time in excess of 0.05 percent but
less than 0.I0 0.08 percent by weight by volume of
alcohol in the accused's blood, or 0.05 grams but less
than 0.08 grams per 210 liters of the accused's breath,
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such facts shall not give rise to any presumption that
the accused was or was not under the influence of
alcoholic intoxicants, but such facts may be considered
with other competent evidence in determining the guilt or
innocence of the accused;
(3) If there was at that time 0.I0 0.08 percent or more by
weight by volume of alcohol in the accused's blood, or
0.08 grams or more per 210 liters of the accused's
breath,it shall be presumed that the accused was under
the influence of alcoholic intoxicants.
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Adopted by the City Council of the City of Virginia Beach on
this 13th day of June 1995.
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CA-5966
DATA/ORDIN/PROPOSED/6-122-2.0RD
JUNE 2, 1995
R2
APPROVED AS TO LEGAL
· O~partment of Law
- 24 -
Item IV-J. 3.
CONSENT AGENDA
ITEM # 39335
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED:
Ordinance to AMEND and REORDAIN Chapter 21, Sections 21-19,
21-321.1, 21-338, 21-343, 21-456 and 21-465 of the Code of the City
of Virginia Beach re the Motor Vehicle and Traffic Code.
Voting: 11-0
Council Members Voting Aye.
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober. Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy I~ Parker, V~ce Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 21, SECTIONS 21-19, 21-
321.1, 21-338, 21-343, 21-456 AND
21-465 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, PERTAINING
TO THE MOTOR VEHICLE AND TRAFFIC
CODE
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That Chapter 21, Sections 21-19, 21-321.1, 21-338, 21-343, 21-
456 and 21-465 of the Code of the City of Virginia Beach, Virginia,
are hereby amended and reordained to read as follows:
Sec. 21-19. Direction of traffic by police officers and school
crossing guards.
Police officers and uniformed school crossing guards may
direct traffic by signals. Such signals, other than by voice, shall
be as follows:
(1) To stop traffic by hand: Stand with shoulders parallel to
moving traffic. Raise arms forty-five (45) degrees above
shoulder with hand extended, palm towards moving traffic
to be stopped.
(2) To move traffic by hand: Stand with shoulders parallel to
traffic to be moved. Extend right arm and hand full
length at height of shoulders towards such traffic,
fingers extended and joined, palm down. Bring hand
sharply in direction traffic is to move. Repeat movement
with left arm and hand to start traffic from opposite
direction.
(3) To stop and start traffic by whistles: One blast, moving
traffic to stop; two (2) blasts, traffic in opposite
direction to move.
(4) Emergency stop of traffic by whistle: Three (3) or more
short blasts. Ail traffic shall immediately clear the
intersection and stop.
Such officers and uniformed school crossing guards may also
use supplemental traffic direction devices, including but not
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limited to hand-held stop or go signs, in directing traffic as
provided in this section.
· · ·
Sec. 21-321.1. Decreased maximum speeds in highway work zones.
(a) It shall be unlawful for any person to operate any motor
vehicle in excess of a maximum speed limit approved by the Virginia
Department of Transportation or by the director of public works
specifically for a highway work zone. This section shall be
enforceable when workers are present and when such work zone is
indicated by signs displaying the rcduccd maximum speed limit and
the penalty for violation.
(b) For purposes of this section, '~highway work zone'' means
a construction or maintenance area that is located on or beside a
highway and marked by appropriate warning signs or other traffic-
control devices indicating that work is in progress.
(c) Violation of this section shall constitute a traffic
infraction punishable by a fine of not more than two hundred and
fifty dollars ($250.00); provided, that nothing in this section
shall preclude the prosecution and conviction of any person whose
operation of any motor vehicle in a highway work zone, apart from
speed, demonstrates a reckless disregard for life, limb or
property.
· · ·
Sec. 21-33S. Chemical testing to determine alcohol or drug
content of blood.
(a) Definitions. As used in this section, unless the context
clearly indicates otherwise:
(1) The phrase ''alcohol or drug'' means alcohol, a drug or
drugs, or any combination of alcohol and a drug or drugs.
(2)The phrase ''blood or breath'' means either or both.
(3) '~Director'' means the director of the division of
forensic science.
(4)''Division'' means the division of forensic science·
(5) ''License'' means any driver's license, temporary
driver's license, or instruction permit authorizing the
operation of a motor vehicle upon the highways.
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(6) ~Ordinance'' means a county, city or town ordinance.
(b) Implied consent to post-arrest chemical test to determine
drug or alcohol content of blood.
(1) Any person, whether licensed by Virginia or not, who
operates a motor vehicle upon a highway, as defined in
Code of Virginia, section 46.2-100, in this city shall be
deemed thereby, as a condition of such operation, to have
consented to have samples of his blood, breath, or both
blood and breath taken for a chemical test to determine
the alcohol, drug, or both alcohol and drug content of
his blood, if he is arrested for violation of section 21-
336 or section 21-336.1 within two (2) hours of the
alleged offense.
(2) Any person so arrested for a violation of section 21-
336(i) or (ii), or both, or section 21-336.1, shall
submit to a breath test. If the breath test is not
available, or the person is physically unable to submit
to the breath test, a blood test shall be given. The
accused shall, prior to administration of the test, be
advised by the person administering the test that he has
the right to observe the process of analysis and to see
the blood-alcohol reading on the equipment used to
perform the breath test. If the equipment automatically
produces a written printout of the breath test result,
the printout, or a copy, shall be given to the accused.
(3) A person, after having been arrested for a violation of
section 21-336(iii) or (iv), or of section 21-336.1, may
be required to submit to a blood test to determine the
drug or both alcohol and drug content of his blood. When
a person, after having been arrested for a violation of
section 21-336(i) or (ii), or both, submits to a breath
test in accordance with subsection(b) (2) of this section,
or refuses to take or is incapable of taking such a
breath test, he may be required to submit to tests to
determine the drug or both alcohol and drug content of
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his blood if the law-enforcement officer has reasonable
cause to believe the person was driving under the
influence of any drug or combination of drugs, or the
combined influence of alcohol and drugs.
· · ·
Sec. 21-343. Reimbursement for expenses of driving while
impaired.
(a) Any person who is convicted of violation of section 21-
336, or section 6-122 of this code, or of section 18.2-266 or
section 29.1-738 of the Code of Virginia, when his operation of a
motor vehicle, engine, train or watercraft while impaired is the
proximate cause of any accident or incident resulting in an
appropriate emergency response, shall be liable in a separate civil
action to the city, and to any volunteer rescue squad, which may
provide such emergency response for the reasonable expense thereof,
in an amount not to exceed one thousand dollars ($1,000.00) in the
aggregate for a particular accident or incident.
(b) As used in this section, ''appropriate emergency
response'' includes all costs of providing law-enforcement,
firefighting, rescue, and emergency medical services.
(c) The provisions of this section shall not preempt or limit
any remedy available to the commonwealth, the city, or any
volunteer rescue squad to recover the reasonable expenses of an
emergency response to an accident or incident not involving
impaired driving or operation of a vehicle as set forth herein.
(d) No policy or contract of bodily injury or property damage
liability insurance relating to the ownership, maintenance, or use
of a motor vehicle, engine, train, motorboat, or watercraft issued,
or issued for delivery, in the commonwealth shall ensure against
any civil liability under this section.
· · ·
Sec. 21-456. Duty to obey traffic signs and signals and orders
of police officers.
Pedestrians shall obey signs and signals erected on highways
or streets for the direction and control of travel and traffic and
they shall obey the orders of police officers engaged in directing
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travel and traffic on the highways and streets. Violations of this
section shall be punished by a fine not exceeding cnc two hundred
dollars 'm~n n~
~¥ ...... , ($200.00) for each offense.
· · ·
Sec. 21-465. Penalty for violating sections 21-457--21-464.
Any person convicted of violating any of the provisions of
sections 21-457 through 21-464 shall be fined not more than e~e two
hundred dollars ($I00.00) ($200.00) for each offense.
This Ordinance shall be effective July 1, 1995·
Adopted by the City Council of the City of Virginia Beach on
this 13th day of June 1995.
CA-5967
DATA/ORD IN / PROPOSED / 21-19 ET. ORD
MAY 22, 1995
R2
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
- 25 -
Item
CONSENT AGENDA
ORDINANCES
ITEM # 39336
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED:
Ordinance to AMEND and REORDAIN Section 23-33 of the Code of
the City of Virginia Beach re scalping tickets for public events.
Voting: 11-0
Council Members Voting .dye:
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, Nancy IC Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
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AN ORDINANCE TO AMEND AND REORDAIN
SECTION 23-33 OF THE CODE OF THE
CITY OF VIRGINIA BEACH, VIRGINIA,
PERTAINING TO SCALPING TICKETS FOR
PUBLIC EVENTS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 23-33 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained to read as follows:
Sec. 23-33. Scalping tickets for public events.
(a) It shall be unlawful for any person to resell, for profit,
any ticket for admission to any sporting event, theatrical
production, lecture, motion picture or any other event open to the
public for which tickets are ordinarily sold, except in the case of
religious, charitable or educational organizations where all or a
portion of the admission price reverts to the sponsoring group and
the resale for profit of such ticket is authorized by the sponsor
of the event and the manager or owner of the facility in which the
event is being held.
(b) Any violation of this section shall constitute a Class 4
3 misdemeanor.
This ordinance shall become effective July 1, 1995.
Adopted by the City Council of the City of Virginia Beach on
this ]3thday of Jun~ 1995.
CA-5981
DATA/ORDIN/PROPOS ED/23 - 33. ORD
JUNE 5, 1995
R2
APPROVED AS TO LEGAL
SUFFICIENCY
Dep~tmen( of Law
- 26 -
Item IV-J. 5.
CONSENT AGENDA
ORDINANCES
ITEM # 3933 7
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED:
Ordinance to TRANSFER $192,176 from the General Fund Reserve for
Contingencies to the Department of Convention and Visitor Development
re additional costs as a result of increased visitation inquiries
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K, Dean, William W.
Harrtson, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy ~ Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
AN ORDINANCE TO TRANSFER $192,176 FROM
GENERAL FUND RESERVE FOR CONTINGENCIES TO THE
DEPARTMENT OF CONVENTION AND VISITOR DEVELOPMENT
TO COVER ADDITIONAL COSTS AS A RESULT
OF INCREASED VISITATION INQUIRIES
WHEREAS, the V~s~tor Informahon Center of the Department of Convention and V~s~tor
Development prowdes assistance to ws~tors, potential ws~tors and c~t~zens through walk-in
assistance, response to telephone ~nformabon, and v~s~tat~on ~nqu~nes,
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WHEREAS, due to refinements of the use of technology and enhanced marketing
programs, the number of inquiries for the upcoming summer season is expected to increase by
16% or about 50,000 over the prewous year amount,
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WHEREAS, the increase ~n ~nqu~nes coupled with the recent rise ~n postal rates, have
resulted in the need for additional funds for telecommumcabons and postage totalling $217,176,
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WHEREAS, as a result of cost sawng measures and curtmled spending, the department
has idenhfled $25,000 which can be applied to the ~ncreased costs resulting ~n a net amount of
$192,176,
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WHEREAS, the add~bonal amount needed may be transferred from General Fund
Reserve for Conbngenc~es
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
That funds in the amount of $192,176 are hereby transferred from General Fund Reserve
for Contingencies to the Convenbon and V~s~tor Development operabng budget to pay additional
costs due to ~ncreases ~n v~s~tat~on ~nqu~nes
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Th~s ordinance shall be effecbve on the date of ~ts adopbon
Adopted by the Council of the City of V~rg~nla Beach, V~rg~ma on the 13th day
of June ,1995
Approved As To Content
Dept. of Managemerft~Services
Fde C \OB96\CVDORD1
APPROVED AS TO ]~
- 27 -
Item [g-J. 6.
CONSENT AGENDA
ITEM # 39338
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED, AS
AMENDED:
Ordinance to authorize the City Manager to execute Police Mutual Aid
and Cooperation agreements with Norfolk State University (NSU) and
Old Dominion University (ODU) re furnishing of police services.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, Ill, Robert K. Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy IE Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
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AN ORDINANCE AUTHORIZING AND DIRECTING THE
CITY MANAGER TO EXECUTE POLICE MUTUAL AID AND
COOPERATION AGREEMENTS WITH NORFOLK STATE
UNIVERSITY AND OLD DOMINION UNIVERSITY
WHEREAS, Virginia law authorizes local governments to enter
into reciprocal agreements with institutions of higher learning for
mutual aid and cooperation in the furnishing of police services;
and
WHEREAS, it is deemed desirable that the City of Virginia
Beach enter into agreements with Norfolk State University and Old
Dominion University to enable mutual aid and cooperation with
regard to law enforcement, thus increasing the ability of the
parties to promote the safety and welfare of their respective
jurisdictions.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the accompanying Police Mutual Aid and Cooperation
Agreements, Attachments A and B, which are hereby incorporated by
reference, are approved; and,
BE IT FURTHER ORDAINED:
That the City Manager be directed to execute said Agreements
on behalf of the City of Virginia Beach.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on this 13th day of Ju~ , 1995.
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CA-5829
DATA/ORDIN/NONCODE/NST-ODU. ORD
APRIL 20, 1995
R3
APPROVED AS TO CONTENT
Pohce
APPROVED AS TO LEGAL
SUFFICIENCY
ATTACHMENT "A"
AGREEMENT FOR MUTUAL AID AND COOPERATION
WITH NORFOLK STATE UNIVERSITY
IN FURNISHING POLICE SERVICES
THIS AGREEMENT, made this day of , 1995,
by and between the CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, and NORFOLK STATE UNIVERSITY, a
State supported institution of higher learning.
WHEREAS, Virginia law authorizes local governments to enter
into reciprocal agreements with State-supported institutions of
higher learning for mutual assistance and cooperation in the
furnishing of police services; and
WHEREAS, the City of Virginia Beach and Norfolk State
University have determined that it would be mutually beneficial to
both parties to enter into such an agreement; and
WHEREAS, the parties desire that the terms and conditions of
this Agreement for Mutual Aid and Cooperation in Furnishing Police
Services be established;
NOW, THEREFORE:
WITNESSETH
That for and in consideration of the mutual benefits to be
derived from an Agreement for Mutual Aid and Cooperation in
Furnishing Police Services, the parties hereto covenant and agree
as follows:
1. Each party will endeavor to provide police support
to the other party to this Agreement within the capabilities
available at the time the request for such support is made and
within the terms of this Agreement.
2, Requests for assistance pursuant to the te~s and
conditions of this Agreement shall b~ made by the requesting
party's City Manager or University President, whichever is
applicable, or his respective designee.
3. The requesting party shall be responsible for
designating a radio communications system for use by the responding
party.
4. The personnel of the responding party shall render
such assistance under the direction of the Chief of Police of the
requesting party.
5. Law enforcement support provided pursuant to this
Agreement shall primarily consist of uniformed sworn officers but
may also include the following resources: canine officers, aerial
support when maintained, forensic support, plainclothes officers,
special operations personnel and related equipment.
6. Nothing contained in this Agreement shall in any
manner be construed to compel either party hereto to respond to a
request for police support when the police personnel of the party
to whom the request is made are needed or are being used locally~
nor shall any such request compel the requested party to continue
to provide police support to the other when its police personnel or
equipment are needed for other duties within its own area of
responsibility.
7. The responsibility for investigation and subsequent
actions concerning any criminal offense shall remain with the
police agency of the locality whose court has original jurisdiction
over the offense. Entering police personnel shall promptly notify
the local police agency upon discovery of a crime over vhich the
court of the entered locality has original jurisdiction.
8. Officers acting pursuant to this Agreement shall be
granted authority to enforce the laws of the Commonwealth of
Virginia and to perform the other duties of a law enforcement
officer~ such authority shall be in conformance with Virginia Code
Section 15.1-131.3.
9. Ail police officers, agents, and other employees of
the parties to this Agreement who are acting pursuant to this
Agreement shall have the same powers,rights, benefits, privileges,
and immunities in each jurisdiction subscribing to this Agreement,
including the authority to make arrests in each such Jurisdiction
subscribing to this Agreement.
10. The services performed and expenditures made under
this Agreement shall be deemed to be for public and governmental
purposes and all immunities from liability enjoyed by the local
government or University within its respective boundaries shall
extend to its participation in rendering assistance outside its
boundaries. It is understood that for the purposes of this
Agreement, the responding party is rendering aid once any of its
personnel have entered the jurisdictional boundaries of the party
receiving assistance.
11. All pension, relief disability, worker's
compensation, life and health insurance, and other benefits enjoyed
by said employees shall extend to the services they perform under
this Agreement outside their respective Jurisdictions. Each party
agrees that provisions of these benefits shall remain the
responsibility of the primary employing party.
12. Each party agrees that, in activities involving the
rendering of assistance pursuant to this Agreement, each party
shall (i) waive any and all claims against the other party which
may arise out of its activities outside its respective Juris-
diction~ and (ii) to the extent permitted by Virginia law,
indemnify and save harmless the other party from all claims by
third parties for property damage or personal injury which may
arise out of the activities of the other party outside its
respective jurisdiction.
13. The parties shall not be liable to each other for
reimbursement for injuries to personnel or damage to equipment
incurred when going to or returning from the other jurisdiction~
provided that the party requesting services may, at that time,
agree to reimburse the responding party for personnel salaries and
specified expenses associated with, or arising out of, the
rendering of assistance pursuant to this Agreement.
14. This Agreement rescinds and supersedes all previous
written agreements and oral understandings relating to the
cooperative provision of mutual police services.
15. Either of the parties hereto may withdraw from this
Agreement by giving thirty (30) days written notice to that effect
to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their City Manager and University
President, respectively, and the official seals of the City and
University are affixed hereto and properly attested.
ATTEST:
CITY OF VIRGINIA BEACH
By: By:
City Clerk
Ordinance No.
Adopted on
City Manager
ATTEST:
NORFOLK STATE UNIVERSITY
By:
President
ATTACHMENT "B"
AGREEMENT FOR MUTUAL AID AND COOPERATION
WITH OLD DOMINION UNIVERSITY
IN FURNISHING POLICE SERVICES
THIS AGREEMENT, made this day of , 1995,
by and between the CITY OF VIRGINIA BEACH, a municipal corporation
of the Commonwealth of Virginia, and OLD DOMINION UNIVERSITY, a
State supported institution of higher learning.
WHEREAS, Virginia law authorizes local governments to enter
into reciprocal agreements with State-supported institutions of
higher learning for mutual assistance and cooperation in the
furnishing of police services; and
WHEREAS, the City of Virginia Beach and Old Dominion
University have determined that it would be mutually beneficial to
both parties to enter into such an agreement; and
WHEREAS, the parties desire that the terms and conditions of
this Agreement for Mutual Aid and Cooperation in Furnishing Police
Services be established;
NOW, THEREFORE:
WITNESSETH
That for and in consideration of the mutual benefits to be
derived from an Agreement for Mutual Aid and Cooperation in
Furnishing Police Services, the parties hereto covenant and agree
as follows:
1. Each party will endeavor to provide police support
to the other party to this Agreement within the capabilities
available at the time the request for such support is made and
within the terms of this Agreement.
2. Requests for assistance pursuant to the terms and
conditions of this Agreement shall be made by the requesting
party's City Manager or University President, whichever is
applicable, or his respective designee.
3. The requesting party shall be responsible for
designating a radio communications system for use by the responding
party.
4. The personnel of the responding party shall render
such assistance under the direction of the Chief of Police of the
requesting party.
5. Law enforcement support provided pursuant to this
Agreement shall primarily consist of uniformed sworn officers but
may also include the following resources: canine officers, aerial
support when maintained, forensic support, plainclothes officers,
special operations personnel and related equipment.
6. Nothing contained in this Agreement shall in any
manner be construed to compel either party hereto to respond to a
request for police support when the police personnel of the party
to whom the request is made are needed or are being used locally~
nor shall any such request compel the requested party to continue
to provide police support to the other when its police personnel or
equipment are needed for other duties within its own area of
responsibility.
7. The responsibility for investigation and subsequent
actions concerning any criminal offense shall remain with the
police agency of the locality whose court has original jurisdiction
over the offense. Entering police personnel shall promptly notify
the local police agency upon discovery of a crime over which the
court of the entered locality has original Jurisdiction.
8. Officers acting pursuant to this Agreement shall be
granted authority to enforce the laws of the Commonwealth of
Virginia and to perform the other duties of a law enforcement
officer~ such authority shall be in conformance with Virginia Code
Section 15.1-131.3.
9. All police officers, agents, and other employees of
the parties to this Agreement who are acting pursuant to this
Agreement shall have the same powers,rights, benefits, privileges,
and immunities in each jurisdiction subscribing to this Agreement,
including the authority to make arrests in each such jurisdiction
subscribing to this Agreement.
10. The services performed and expenditures made under
this Agreement shall be deemed to be for public and governmental
purposes and all immunities from liability enjoyed by the local
government or University within its respective boundaries shall
extend to its participation in rendering assistance outside its
boundaries. It is understood that for the purposes of this
Agreement, the responding party is rendering aid once any of its
personnel have entered the jurisdictional boundaries of the party
receiving assistance.
11. All pension, relief disability, worker's
compensation, life and health insurance, and other benefits enjoyed
by said employees shall extend to the services they perform under
this Agreement outside their respective Jurisdictions. Each party
agrees that provisions of these benefits shall remain the
responsibility of the primary employing party.
12. Each party agrees that, in activities involving the
rendering of assistance pursuant to this Agreement, each party
shall (i) waive any and all claims against the other party which
may arise out of its activities outside its respective Juris-
diction~ and (ii) to the extent permitted by Virginia law,
indemnify and save harmless the other party from all claims by
third parties for property damage or personal injury which may
arise out of the activities of the other party outside its
respective jurisdiction.
13. The parties shall not be liable to each other for
reimbursement for injuries to personnel or damage to equipment
incurred when going to or returning from the other jurisdiction~
provided that the party requesting services may, at that time,
agree to reimburse the responding party for personnel salaries and
specified expenses associated with, or arising out of, the
rendering of assistance pursuant to this Agreement.
14. This Agreement rescinds and supersedes all previous
written agreements and oral understandings relating to the
cooperative provision of mutual police services.
15. Either of the parties hereto may withdraw from this
Agreement by giving thirty (30) days written notice to that effect
to the other party.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed by their City Manager and University
President, respectively, and the official seals of the City and
University are affixed hereto and properly attested.
ATTEST:
CITY OF VIRGINIA BEACH
By: By:
City Clerk
Ordinance No.
Adopted on
City Manager
ATTEST:
OLD DOMINION UNIVERSITY
By:
By:
President
- 28 -
Item IV-J. Z a. b.
ORDINANCES
ITEM # 39339
The following registered in SUPPORT:
Joseph F. McCauley, 3153 Colchester Road, Phone: 721-2412, represented Back Bay National Wildlife
Refuge, in support of Option 6.
Molly Brown, 2232 Sandpiper Road, Phone: 721-5011, represented Friends of Back Bay, in support of
Option 6.
Chandler Dennis, 2212 Sandpiper, spoke in support of Option 6 and requested a line be run an extra 1/2
mile to a mile to include the already developed commercially zoned properties on Sandbridge Road.
Maxine C. Graham, 3057 South Sandptper, Phone. 721-3000, spoke in support of Option 5 and 6.
Upon motion by Councilman Dean, seconded by Councilman Branch, City Council:
Sandbridge Sanitary Sewer Project (CIP 6-931):
AUTHORIZED, AS AMENDED: Route No. 6 for the construction of
a Force Main from the Atlantic Treatment plant to the Dam Neck area.
ADOPTED a Resolution to authorize the City Manager to enter into an
Interest Participation Agreement with the Hampton Roads Sanitation
Dtstrict (HRSD) re construction of public sanitary sewer service
facilities.
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. Oberndorf, Nancy K Parker, V~ce Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
None
June 13, 1995
A RESOLUTION AUTHORIZING AND DIRECTING THE
CITY MANAGER TO ENTER INTO AN INTEREST
PARTICIPATION AGREEMENT WITH THE HAMPTON ROADS
SANITATION DISTRICT FOR THE CONSTRUCTION OF
PUBLIC SANITARY SEWER SERVICE FACILITIES
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, on November 22, 1994, the Director of Public
Utilities presented to the City Council a briefing concerning
alternative routes for a sanitary sewer force main to serve the
Sandbridge area; and
WHEREAS, among the alternatives presented to the City
Council, the staff recommends Alternative #6, which provides that
the City will design and construct a force main from Sandbridge
through Dam Neck to the Atlantic Treatment Plant; and
WHEREAS, Hampton Roads Sanitation District (HRSD) agrees
to provide to the City a contribution of $1.2 million to aid in the
construction of the Sandbridge Force Main through Dam Neck; and
WHEREAS, a condition of the HRSD contribution is that the
City enter into an interest participation agreement with HRSD to
design and construct a force main interceptor from the Atlantic
Treatment Plant to the Lago Mar area;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Manager be, and hereby is, authorized and
directed to execute, on behalf of the City of Virginia Beach, an
interest participation agreement with Hampton Roads Sanitation
District for the construction of the aforesaid sanitary sewer
service facilities, which interest participation agreement shall
contain substantially the same terms and conditions as those set
forth in the attached draft "MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF VIRGINIA BEACH AND HAMPTON ROADS SANITATION DISTRICT
SUBJECT: SANDBRIDGE OFF-SITE SANITARY SEWER FORCE MAIN FOR ROUTE
#6", dated February 22, 1995.
Adopted by the Council of the City of Virginia Beach on
the 13th day of Juna , 1995.
35
36
37
38
CA-94-5817
\ noncode \ sewer 1. res
06/13/95
R-3
DRAFT
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF VIRGINIA BEACH AND HAMPTON ROADS SANITATION DISTRICT
SUBJECT: SANDBRIDGE OFF-SITE SANITARY SEWER FORCE MAIN
FOR ROUTE #6
BACKGROUND:
The City of Virginia Beach has an approved Project #6-931 to design and construct
a sanitary sewer system to serve approximately 1,421 lots in the Sandbridge area.
Preliminary engineering has been initiated for the project. The project consists of
two basic parts. Part I is for the design and construction of the collection system
for the Sandbridge residents. Part II is a route analysis for the off-site force main
which will convey the sanitary sewer flows from Sandbridge to the HRSD
treatment plant. HRSD has agreed to fund 100% of the design and construction
for the force main if constructed along the alignment of Sandbridge Road and
Ferrell Parkway, between Sandbridge and Lago Mar. HRSD has also agreed to
construct an interceptor main between the Atlantic Treatment Plant and the Lago
Mar area, with an interest participation agreement from Virginia Beach for
approximately one-third of the project cost. The Fish and Wildlife Service, the Back
Bay Wildlife Refuge, and the Friends of Back Bay are objecting to the construction
of the off-site force main between Sandbridge and Lago Mar. In an effort to be
sensitive to the concerns of the Back Bay Wildlife Refuge and its supporters, the
City of Virginia Beach and HRSD are willing to jointly participate in the design and
construction of an alternate force main route from Sandbridge through Dam Neck
to the HRSD Atlantic Treatment Plant. The following points of agreement have
been reached between HRSD and the City regarding the alternative route:
1. City of Virginia Beach (CVB) agrees to fund, design, build, own, and operate
the Sandbridge force main through Dam Neck to the Hampton Roads Sanitation
District (HRSD) Atlantic Treatment Plant.
February 22, 1995 Page 1
2. HRSD agrees to provide to CVB a contribution of $1.2M to aid in the
construction of the Sandbridge force main through Dam Neck. The $1.2M is the
estimated construction cost for HRSD to design and construct a force main from
Sandbridge along Sandbridge Road/Ferrell Parkway to the Lago Mar Area
(Atwoodtown Road).
3. CVB agrees to enter into an Interest Participation Agreement with HRSD for
the construction of approximately 10,000 feet of HRSD interceptor force main from
the Ferrell Parkway corridor- Lago Mar Area - to the Atlantic Treatment Plant.
HRSD agrees, in conjunction with CVB, to conduct a route study to determine the
size and alignment of the interceptor within the general vicinity as illustrated in
Figure 1.
4. HRSD will give CVB credits for existing connections in the Lago Mar/Red Mill
service areas once the Lago Mar/Red Mill sewer flows are re-routed to the new
interceptor force main.
5. CVB assumes full responsibility to provide sanitary sewer service to the area
east of Atwoodtown Road as illustrated in Figure 2, if service is ever deemed to be
appropriate for that area.
6. As an alternative to the 1990 HRSD Development Plan for the Southern Loop
Interceptor, CVB and HRSD mutually agree to participate in a study to determine an
interim approach to providing additional capacity through the upgrade and use of
existing CVB and HRSD force mains located generally following the Salem
Road/North Landing Road/Ferrell Parkway corridor as illustrated in Figure 3.
cji
Attachment
February 22, 1995 Page 2
Al I.~,t~I-IlViI::N I I
N
PORTION OF HRSD INTERCEPTOR FORCE MAIN
Sandbr~dge Nol
EXISTING SERVICE AREA
/
FIGURE 1
COHBAT FS
CORPORATE LANDINC
INDUSTRIAL PARK
Altantic
K
AREA OF ROUTE STUDY
PROPOSED H.R.S.D. ROUTE
NO. 17
USCG
I /'7'
FIGURE 2
0
FOR SEWER
0~ST
/" iiluuJJ
~ llJ#llJllllJllJliJlllll
IIIII
· ,,,,,lllll~lJOhltfllhlllI!
~ IJlJilllilllllllllHlllJlMiIiiBlnnllllllllk!
·
· ~, o, I I I ,J~ II
FIGURE
INTEREST PARTICIPATION AGREEMENT FOR THE CONSTRUCTION
of
HRSD INTERCEPTOR FORCE MAIN PART I
for
THE CITY OF VIRGINIA BEACH
THIS AGREEMENT, between the City of Virginia Beach (CITY) and the
HAMPTON ROADS SANITATION DISTRICT (DISTRICT), entered into this
_ day of ,1995
WITNESSETH:
WHEREAS, the HRSD Interceptor Force Main Part I is planned to provide for
the systematic expansion of DISTRICT facilities to meet the needs of customers in
accordance with the Development Plan; and
WHEREAS, the CITY finds it necessary to pursue the construction of the HRSD
Interceptor Force Main Part I as specifically described below; and
WHEREAS, the DISTRICT agrees to have such facilities constructed at the
DISTRICT's cost and in accordance with the description of the facilities stated and
referred to herein and under the terms and conditions herein defined;
NOW, THEREFORE, it is mutually agreed between the parties hereto as follows:
I. DESCRIPTION OF FACILITIES
In keeping with the policies set forth in the DISTRICT's Development Plan and
the CITY's requirements for Sanitary Sewer Systems, the DISTRICT will
construct:
Approximately 10,400 feet of force main beginning at the existing District
Atlantic Treatment Plant in Virginia Beach, thence southerly to Atwoodtown
Road as shown on Attachment 1.
II. CONSTRUCTION OF FACILITIES
A1
Cost of Con~l;ru(;tion:
The total cost of the interceptor facilities, as specifically defined by the
plans and specifications for the work, prepared by or for the DISTRICT
and approved by the CITY, shall include (a) construction contract costs
for the facility; (b) cost of engineering design, construction, supervision
and inspection; (c) the cost of advertising for bids, review by the
DISTRICT consultants, and other miscellaneous essential expense; and
(d) the cost of land and rights-of-way acquired for construction from
property other than that owned by the CITY or in public rights-of-way.
The records of these costs shall be available for review by the CITY at
any mutually convenient time. The cost shall not include administrative
or salary cost of the CITY or the DISTRICT.
The CITY's share of the cost of construction is agreed to be calculated
at the end of construction or as of the date any portion of the interceptor
as requested by the CITY is made available for use prior to the total
completion of the project, as set forth in Attachment II.
a.
A_o_oroval of Plans and S_oecifications:
The DISTRICT agrees that before any construction work is begun under
this agreement, it will submit to and secure approval from the CITY (in
writing) of final plans and specifications for the work,
This approval includes but is not limited to force main size, type of
material, routing, and outlets.
C.
Ownershio of Facilities:
The facilities constructed will remain the property of the DISTRICT.
III. OBLIGATION OF THE DISTRICT
A,
Collection of Service Charges:
The DISTRICT and the CITY agree the Wastewater Facility Charges,
normally made by the DISTRICT will be charged for each new connection
served by the lines previously described in Section I. No Facility Charge
will be required for the connection of existing facilities which are served
by septic tank or other inadequate sewerage treatment facilities which
are to be abandoned. Wastewater Treatment Charges shall be collected
by the DISTRICT in accordance with provisions of the rate schedule in
effect at the time of collection. The CITY, however, reserves the right
to charge and collect facility and service charges as appropriate in
addition to the DISTRICT charges. The DISTRICT shall maintain a
complete and accurate record of all Wastewater Treatment Charge
collections and such records shall be available for inspection by
authorized representatives of the CITY during normal working hours.
B,
Revenue Credit to the CITY:
When the DISTRICT begins treatment of flows generated through the
facilities or any portion of the facilities described in Section I at its
treatment plants, the DISTRICT agrees to credit the CITY, at the end of
each quarterly period, with 70% of all revenues collected by the
DISTRICT for Wastewater Treatment Charges from new connections to
the aforesaid facilities. Such new connections considered for the 70%
credit will be those located in the CITY and outside of the existing
service area as shown in Attachment I. The existing areas served by
City Pump Stations 448, 619 and 620 will also be considered for credit
if these flows are redirected to the HRSD Interceptor Force Main, Part I.
IV. OBLIGATIONS OF THE CITY
Al
Payment to the DISTRICT:
The CITY agrees to pay to the DISTRICT, at the end of each quarterly
period, one-fourth of the annual interest sum arrived at by multiplying
Virginia Beach's share of the cost of construction, as described in
Section II. A., by the agreed interest rate of ~% for portions of the
project financed conventionally or by the interest rate charged by the
Virginia Revolving Loan Fund for portions of the project financed through
the Virginia Revolving Loan Fund, less the 70% credit to the CITY as
outlined in Section III. B. above.
Payments will begin as of the date of completion of the interceptor and
at the time it becomes available for use or as of the date any portion of
the interceptor as requested by the CITY is made available for use prior
to the total completion of the project.
Bi
Future Relocating of Lines:
If any such lines are required to be relocated to accommodate other
public projects, relocation shall be at the expense of the project.
Vi
PAYMENT TERMINATION
Payment shall terminate when such 70% credits equal the amount of the
CITY's quarterly payments and such 70% credits have not, for any quarterly
period within one year prior thereto, been less than the CITY's quarterly
payment.
IN WITNESS WHEREOF, the CITY has caused this agreement to be signed by
the City Manager in its behalf and its seal affixed and attested by the City Clerk,
pursuant to resolution adopted by the City Council on , 1995, and the
Hampton Roads Sanitation District Commission has caused this agreement to be
signed in its behalf by its General Manager and its seal affixed and attested by its
Secretary in accordance with authorization granted at its regular meeting held on _
, 1995.
ATTEST:
CITY OF VIRGINIA BEACH
By
James K. Spore, City Manager
City Clerk
ATTEST:
HAMPTON ROADS SANITATION DISTRICT
By.
James R. Borberg, General Manager
Secretary
APPROVED AS TO FORM'
City Attorney
ATTACHMENT II
INTERCEPTOR FORCE MAIN
COST OF CONSTRUCTION
VIRGINIA BEACH'S SHARE
DESCRIPTION
ENGINEERING,
CONSTRUCTION,
& LAND COSTS
CITY SHARE
Differential on Pipe in Va Beach:
54" DI Pipe - Atlantic Treatment
Plant to Atwoodtown Road -
Virginia Beach Share = 32%
54" x 32%
TOTAL:
MLS/ac/cjl
HRSD INTERCEPTOR FORCE MAIN
FROM ATLANTIC PLANT TO
FERRELL PARKWAY
CONSTRUCTION COST ESTIMATE
DESCRIPTION
UNIT QUANTITY UNIT PRICE TOTAL
54" DI Pipe
54" Stream Crossing
SUBTOTAL 20% CONTINGENCY
12% ENGINEERING
LF 9000 $190 $1,710,000
LF 800 $1,000 800,000
TOTAL
92,510,000
502,000
301,200
$3,313,200
Virginia Beach's share of cost based on 32% for Pungo
portion (54")
Annual Interest Participation Estimated @ 5.5%
Present worth value of Life Cycle Interest Participation
91,060,224
$ 58,313
Number of equivalent housing units necessary to pay off
Interest Participation Amount Based on credit of 70%
of $128/yr per equivalent housing unit
651
This is from the Force Main Route Study, June 1994, prepared by Maguire Associates.
Z
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**ZZ
PROJECT COST ANALYSIS
SANDBRIDGE SEWER OFF-SITE FORCE MAIN
ALTERNATIVE #5
Initial Construction Cost
HRSD Credit for Construction
City Interest Participation Cost
Purchase of Property for Refuge
Based on Fair Market Value
Purchase of 20' Easement Along
Ferrell Parkway
Total Project Cost
$ 1.20M
- 1.20M
+0.14 M
+ 0.32 M
+ 0.02 M
$ 0.48 M
ALTERNATIVE #6
Initial Construction Cost
HRSD Credit for Construction
Deduction for Shorter Force Main
Length Than Anticipated
Present Worth Value for Maintenance
of the Force Main
$ 1.90M
- 1.20M
- 0.18 M
+0.16 M
Total Project Cost $ 0.68 M
STAFF RECOMMENDATIONS
SUMMARY - ALTERNATIVE #5
Alternative #5 provides that the Hampton Roads Sanitation District (HRSD) will
design and construct a force main from the HRSD Atlantic Treatment Plant south to
the Lago Mar area, and from Lago Mar along existing right-of-way to Sandbridge.
The Back Bay Wildlife Refuge and The Friends of Back Bay are opposed to this
route due to the environmental impacts and the potential secondary development
impacts. The City's consultant, Maguire and Associates, reviewed the potential
environmental impacts and determined there would be minimal and short-term
impacts from the force main installation. In response to the Back Bay Wildlife
Refuge concerns, the City investigated the concept of purchasing developable
property along the force main route in order to mitigate for potential secondary
development impacts. There are 120 acres of land along the force main route
which the Refuge is interested in purchasing. Based on fair market value for this
land, the cost to purchase this land would be $327,600. The cost to purchase this
property based on what the Refuge has paid would be $876,000. Based on past
experience, it is anticipated that the property owners would be unwilling to
voluntarily sell their property at the City estimates.
SUMMARY - ALTERNATIVE #6
Alternative #6 provides that the City of Virginia Beach will design and construct a force
main from the Hampton Roads Sanitation District (HRSD) Atlantic Treatment Plant through
Dam Neck Naval Base to Sandbndge with HRSD participation. The Friends of Back Bay
presented the Alternative #6 concept at the public hearing on January 10, 1995. Theer
proposal was for HRSD to design, construct, own, and operate the force main through
Dam Neck, similar to HRSD's offer regarding Alternative #5 between Sandbndge and Lago
Mar. HRSD is unwelling to design, construct, own, and operate the force main through
Dam Neck, but they did offer the City of Virginia Beach a contribution to aid ~n the
construction of the Dam Neck route. On April 25, 1995 the Hampton Roads Sanitation
D~strict (HRSD) Commission agreed to contribute $1.2 mill~on to the cost of the
construction of this route. The Friends of Back Bay and The Back Bay W~ldlife Refuge
support this alternative since they believe there will be less of an environmental ~mpact
upon the Refuge, and no secondary development impact. The force mare length has been
shortened from the 17,400 feet shown in the Maguire report dated June, 1994, to 14,500
feet based on the proposed sewer system layout in Sandbndge. The City w~ll be required
to provide sanitary sewer service to the area between Atwoodtown Road and Sandbridge if
service is ever deemed to be appropnate for that area. (See Item 5 of the attached
Memorandum of Agreement with HRSD.)
Staff recommends Alternative #6 for the following reasons:
1. The project costs of Alternative #5 and Alternative #6 are comparable. Alternative
#5 = $0.48M; alternative #6 = $0.68M (see Project Cost Analysis).
2. The Back Bay Wildlife Refuge and The Friends of Back Bay support this alternative
since it avoids the potential secondary development impacts.
3. The City would not need to purchase any of the land along this route to mitigate the
potential environmental concerns.
MLS/cjl
DRAFT
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF VIRGINIA BEACH AND HAMPTON ROADS SANITATION DISTRICT
SUBJECT: SANDBRIDGE OFF-SITE SANITARY SEWER FORCE MAIN
FOR ROUTE #6
BACKGROUND:
The City of Virginia Beach has an approved Project #6-931 to design and construct
a sanitary sewer system to serve approximately 1,421 lots in the Sandbridge area.
Preliminary engineering has been initiated for the project. The project consists of
two basic parts. Part lis for the design and construction of the collection system
for the Sandbridge residents. Part II is a route analysis for the off-site force main
which will convey the sanitary sewer flows from Sandbridge to the HRSD
treatment plant. HRSD has agreed to fund 100% of the design and construction
for the force main if constructed along the alignment of Sandbridge Road and
Ferrell Parkway, between Sandbridge and Lago Mar. HRSD has also agreed to
construct an interceptor main between the Atlantic Treatment Plant and the Lago
Mar area, with an interest participation agreement from Virginia Beach for
approximately one-third of the project cost. The Fish and Wildlife Service, the Back
Bay Wildlife Refuge, and the Friends of Back Bay are objecting to the construction
of the off-site force main between Sandbridge and Lago Mar. In an effort to be
sensitive to the concerns of the Back Bay Wildlife Refuge and its supporters, the
City of Virginia Beach and HRSD are willing to jointly participate in the design and
construction of an alternate force main route from Sandbridge through Dam Neck
to the HRSD Atlantic Treatment Plant. The following points of agreement have
been reached between HRSD and the City regarding the alternative route:
1. City of Virginia Beach (CVB) agrees to fund, design, build, own, and operate
the Sandbridge force main through Dam Neck to the Hampton Roads Sanitation
District (HRSD) Atlantic Treatment Plant.
2. HRSD agrees to provide to CVB a contribution of $1.2M to aid in the
construction of the Sandbridge force main through Dam Neck. The $1.2M is the
estimated construction cost for HRSD to design and construct a force main from
Sandbridge along Sandbridge Road/Ferrell Parkway to the Lago Mar Area
(Atwoodtown Road).
3. CVB agrees to enter into an Interest Participation Agreement with HI:lSD for
the construction of approximately 10,000 feet of HRSD interceptor force main from
the Ferrell Parkway corridor- Lago Mar Area - to the Atlantic Treatment Plant.
HRSD agrees, in conjunction with CVB, to conduct a route study to determine the
size and alignment of the interceptor within the general vicinity as illustrated in
Figure 1.
4. HRSD will give CVB credits for existing connections in the Lago Mar/Red Mill
service areas once the Lago Mar/Red Mill sewer flows are re-routed to the new
interceptor force main.
5. CVB assumes full responsibility to provide sanitary sewer service to the area
east of Atwoodtown Road as illustrated in Figure 2, if service is ever deemed to be
appropriate for that area.
6. As an alternative to the 1990 HRSD Development Plan for the Southern Loop
Interceptor, CVB and HRSD mutually agree to participate in a study to determine an
interim approach to providing additional capacity through the upgrade and use of
existing CVB and HRSD force mains located generally following the Salem
Road/North Landing Road/Ferrell Parkway corridor as illustrated in Figure 3.
cji
Attachment
N
FIGURE 1
COHBA? F$
· NO. 52
CORPORATE LANDING
INDUSTRIAL PARK
Altantic Treatmen
0
C)
AREA OF ROUTE STUDY
PROPOSED H.R.S.D. ROUTE
USCO
EAST COAST
RAOIO STATION
CITY OF VIRGINIA BEACH I
OF RESPONSIBILITY
FOR SEWER SERVICE
£O~ST
OIO STATION
ocF..
"1 ,
IIII!!
FIGURE 3
SANDBRIDGE SANITARY SEWER PROJECT/OFF-SITE FORCE MAIN
QUESTIONS AND ANSWERS
Following are responses to questions which were asked by Council members and citizens
regarding the Sandbridge Off-Site Force Main.
QUESTION 1:
Discuss with Hampton Roads Sanitation District (HRSD) their willingness to
participate in a force main through Dam Neck which would connect to the Atlantic
Treatment Plant. (Force Main Route Alternative No. 6 presented by Friends of
Back Bay.)
ANSWER:
HRSD will provide a contribution of $1.2 million to the City of Virginia Beach to aid
in the construction of the Sandbridge force main through the Dam Neck Base. The
$1.2 million is the estimated construction cost for HRSD to design and construct a
force main from Sandbridge along Sandbridge Road/Ferrell Parkway to the Lago Mar
area (Atwoodtown Road). The $1.2 million would be paid as a percentage of the
construction invoices.
QUESTION 2:
City staff should take a more in depth review of the right-of-way costs for the City
to construct the force main through Dam Neck Naval Training Center.
ANSWER:
The Navy policy entitled "Acquisition, Use by Others, and Disposal of Department
of the Navy Real Property" states that non-federal users of Navy property will be
charged fair market value (for easements). The policy also states that easements
may be granted if the Commander, Naval Facilities Engineering Command finds that
"the real property involved is the only property which reasonably can be used for
the purpose". A letter dated January 9, 1995, from the Commanding Officer of
Dam Neck states that there is no advantage to the Navy if the Sandbridge force
main goes through Dam Neck; the letter also states that the City of Virginia Beach
will have to pay "fair market value" for the easement.
A letter dated February 2, 1995, from Marilyn Reinhold, Head of Operations Branch
A, Real Estate Division at Naval Facilities Engineering Command, Atlantic Division,
regarding the possibility of decreasing or eliminating the costs of the easements
required if the City constructs the force main through Dam Neck lists three credits
which may be allowed against the fair market value:
1) improved traffic flow from an easement for a public road,
2) improved drainage from an easement for a storm-drainage channel, or
3) easements for Federal-Aid Highways or Defense Access Roads.
The letter states that the fair market value is determined by an in-house appraisal
where similar easement acquisitions would be reviewed as well as the impact of the
easement on the land. The City would incur additional expenses due to National
Environmental Policy Act (NEPA) requirements, inclusive of National Historic
Preservation Act requirements, and a Toxic and Hazardous Waste Survey.
QUESTION 3:
Has the alignment for HRSD's Southern Loop Interceptor been determined?
ANSWER:
Regardless of the location of the force main from Sandbridge to the HRSD Atlantic
Treatment Plant, additional interceptor force main capacity is needed to convey
wastewater from Virginia Beach and Chesapeake to the Atlantic Treatment Plant.
Public Utilities is currently discussing several alternative interceptor routes with
HRSD. HRSD is willing to consider routes along the Lago Mar, Nimmo Church,
Courthouse, Salem Road, and Elbow Road corridors. HRSD is not committed to the
Pungo, Indian River Road alignment.
Question 4:
How much capacity is remaining in the Hampton Roads Sanitation District (HRSD)
Atlantic Treatment Plant? How many housing units does this equate to?
Answer:
HRSD's best estimate of the remaining capacity in the Atlantic Treatment Plant is 2
million gallons per day (MGD) average flow. Using HRSD's estimate of 83.3 GPD
per person and 3 people per dwelling unit, approximately 8000 dwelling units could
be served by the existing capacity in the Atlantic Treatment Plant. These flows
could come from either Chesapeake or Virginia Beach.
QUESTION 5:
What are HRSD's flow projections for the sizing of the 54" interceptor force main
based on?
ANSWER:
HRSD uses the HRSD 1990 Development Plan, the City of Virginia Beach
Comprehensive Plan, and the City of Virginia Beach and Hampton Roads Planning
District traffic zone and census tract information to determine the projected
development potential of the area to be served by the new interceptor force main.
QUESTION 6:
Will HRSD construct the Sandbridge force main now and not 5 to 10 years in the
future? Obtain a schedule from HRSD for design and construction of the
Sandbridge force main and the portion of the interceptor force main from the
Atlantic Treatment Plant south to Lago Mar.
Will HRSD commit to funding the construction of the force main as shown in
Alternative #5?
Is the proposed construction (of the force main) scheduled to coincide with the
start of construction for the Sandbridge sewer project?
ANSWER:
HRSD is prepared to construct both the Sandbridge force main and the portion of
the interceptor force main from the Atlantic Treatment Plant to Lago Mar in
accordance with an interest participation agreement with the City. HRSD will
initiate design of the Sandbridge force main and interceptor force main upon
execution of an interest participation agreement between Virginia Beach and HRSD.
Although the funding is not currently available, HRSD has stated that funding will
be made available. HRSD will have the force mains completed and operational in
time to receive the initial sanitary sewer flow from the Sandbridge neighborhood.
The current schedule for construction of the Sandbridge Sewer Project is:
Off-Site Force Main
Sanitary Sewer Collection System:
Phase 1
Phase 2
Phase 3
May 1996 to May 1997
September 1996 to May 1997
September 1997 to May 1998
September 1998 to April 1999
QUESTION 7:
What is the quantity of land adjacent to Route #5 that is privately owned
but within the boundaries of the Refuge expansion plans?
ANSWER:
One hundred twenty acres, as shown on Attachment 1.
QUESTION 8:
How much of the land proposed to be purchased by the Refuge along
Alternative Route #5 is zoned commercial?
ANSWER:
There are approximately 30 acres along Route #5 which are zoned
commercial and proposed to be purchased by the Refuge. Approximately 20
acres of this land is wetlands - ten acres were verified by Maguire
Associates' wetland determination, and ten acres are shown on the NWl
maps. Only ten acres of this 30 acres of commercial property can be
developed. The location of the 30 acres is shown on Attachment 1.
QUESTION 9:
Is the City willing to purchase lands along Route #5 which are planned to be
purchased by the Refuge?
ANSWER:
The Refuge has paid up to $50,000 per acre for commercial properties.
Based on condemnations of property along the Ferrell Parkway right-of-way,
the "fair market value" of wetlands is approximately $600 per acre,
agriculturally zoned property is $3,200 per acre and commercial property is
$12,000 per acre. If $325,000 is authorized for land acquisition, the
following amount of land could be purchased based on the above land
values:
120 acres - Total planned for purchase by Refuge*:
60 acres of wetlands at $500/ac =
48 acres of AG zoned property at $3,200/ac =
12 acres of commercial property at 912,000/ac =
TOTAL
* Based on Maguire Wetland Determination Report
30,000
53,600
44,000
9327,600
If the City is willing to pay per acre values comparable to what the Refuge has paid
to date, the estimated cost for this property would be:
120 acres - Total planned for purchase by Refuge*:
60 acres of wetlands at $600/ac =
48 acres of AG zoned property at $5000/ac =
12 acres of commercial property at 950,000 =
$ 36,000
240,000
600,000
TOTAL
9876,000
* Based upon Maguire Wetland Determination Report
QUESTION 10:
Based on an on-site determination, how much of the land to be purchased
(either by the Refuge or the City to mitigate secondary development
impacts) is wetlands, and therefore, not developable?
ANSWER:
An on-site wetlands determination has been made. A wetlands
determination provides an approximate location and percentage of wetlands
for a given parcel based on a field review of each parcel. Of the 120 acres
proposed to be purchased, approximately 60 acres are wetlands (not
developable), and therefore, 60 acres are developable.
QUESTION 11:
Verify with Maguire Associates the amount of wetlands on the properties
which they surveyed. Are any of the areas shown as wetlands based only
on hydric soils?
ANSWER:
Maguire Associates used three criteria to evaluate the area which is
wetlands - hydric soils, hydrophytic vegetation, and wetland hydrology.
Only areas with all three criteria present were included as wetlands during
the wetland determination. According to Maguire a property owner could fill
up to I acre of the wetlands without any penalties from the Corps of
Engineers. If the owner wanted to fill between I and 10 acres, the
wetlands which are filled would have to be mitigated within the proposed
development site. Filling over 10 acres of land is generally not allowed.
QUESTION 12:
Would the City be willing to place all lands purchased along Route #5 under
a conservation easement?
ANSWER:
City staff would recommend placing the lands in a conservation easement. If
the City purchases the lands and the Refuge is either unwilling or unable to
purchase the property from the City at a future date, then the City would
expect to utilize the land for wetland mitigation if it meets the requirements
of the wetlands bank or some other outdoor activity compatible with the
Refuge. The City must determine if this property is suitable for wetland
mitigation.
QUESTION 13:
What are the concerns of the Back Bay National Wildlife Refuge?
ANSWER:
The Refuge is concerned with both the environmental impacts during
construction and the secondary impacts of potential development which may
occur as a result of the force main being installed between Sandbridge and
Lago Mar.
QUESTION 14:
Will there be any direct and indirect loss of habitat and what will be the
impact of stream crossings (two crossings of Ashville Bridge Creek) as a
result of Route #5?
ANSWER:
The only impacts during construction of the force main will be within the
City owned right-of-way and those impacts will be minimal and temporary.
All property would be returned to its original state after construction. The
potential secondary development impacts have been addressed in Questions
8, 15, and 16.
QUESTION 15:
Identify the secondary (potential development) impacts along Route #5.
ANSWER:
There is a total of 220 acres of land not owned by the Refuge that are
zoned for development according to the Comprehensive Plan. An off-site
development potential study~ was performed with the following
assumptions:
1) The Back Bay Wildlife Refuge property is never developed;
2)
The existing City right-of-way purchased for the proposed
Ferrell Parkway is never developed;
3)
Planned land uses identified in the Comprehensive Plan as
Agricultural or Conservation areas have no future development
potential.
~ Sandbridge Force Main Off-Site Development Potential Report is available for review.
Three methods were used to estimate the developable land:
1) elevation above sea level of four feet or greater is developed;
2)
land not identified as wetlands as shown on the National
Wetland Inventory (NWl) maps of the area is developed;
3)
only land that is not classified as hydric soils as shown on the
soil classification survey maps of the area is developed.
To summarize, there are 220 acres of land along the force main route zoned
for development. Only a portion of this land can be developed due to the
impact of wetlands on the property.
METHOD TO DETERMINE
WETLANDS
TOTAL LAND WHICH COULD
BE DEVELOPED
Elevation ~4 feet 68 acres
NWl Maps 107 acres
Non-Hydric Soils 29 acres
The City's Planning Department has reviewed the Maguire report. Planning's
analysis is consistent with the Maguire report except for the amount of
commercial property. Planning's analysis indicates that 45 dwelling units
and 8,300 square feet of commercial use (roughly the equivalent of four "7-
11" convenience-type stores) could potentially be built on the property
adjacent to the proposed force main (non-hydric soils). The Maguire report
estimates 45 dwelling units and 1,000 square feet of commercial use.
QUESTION 16:
Identify the secondary (potential development) impacts south of Route #5.
ANSWER:
The second area of concern to the Refuge is along Sandbridge Road to the
south of the proposed force main route. Planning's analysis indicates that of
the 900 acres in this area, only 115 acres are suitable for development as
defined in the City's Comprehensive Plan. The zoning of this property is
agricultural and allows a maximum of one dwelling unit per five acres. This
yields approximately 23 dwelling units. The Comprehensive Plan provides
for no commercial development in this southern area.
QUESTION 17:
How many housing units will be required to satisfy the City's financial
obligation under the interest participation agreement with HRSD for Route
#5?
ANSWER:
Based upon an estimate from HRSD, the City would need approximately
1,600 units to connect to offset the City's interest participation cost. There
are approximately 1400 possible connections from the Sandbridge
neighborhood. HRSD estimates that there are an additional 1000 existing
units in the Lago Mar/Red Mill area. (HRSD has requested the sanitary
sewer flows from the Lago Mar/Red Mill area be redirected to the new
interceptor force main and a credit will be given to the City for these units.)
This combined total of approximately 2400 units will exceed the 1600 units
required. Therefore, connections along Route #5 are not needed to satisfy
the City's financial obligation under the interest participation agreement.
GLJ/MLS/cjl
Attachment
ILl
rn~
Z
ATTACHMENT I
"0
- 29 -
!.tern IV-J. 7. c.
ORDINANCES
ITEM # 39340
Upon motion by Council lady Henley, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to REPEAL an Ordinance adopted 27 February 1984, entitled
"An Ordinance establishing the service areas of the Sandbridge Sewer
Project and authorizing the construction of Phase I"
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndo~ Nancy ~ Parker, Vice Mayor William D
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent'
None
June 13, 1995
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
AN ORDINANCE REPEALING A PRIOR
ORDINANCE ADOPTED ON FEBRUARY 27,
1984, ENTITLED "AN ORDINANCE
ESTABLISHING THE SERVICE AREAS OF
THE SANDBRIDGE SEWER PROJECT AND
AUTHORIZING THE CONSTRUCTION OF
PHASE I"
WHEREAS, on February 27, 1984, the City Council adopted an
ordinance entitled "AN ORDINANCE ESTABLISHING THE SERVICE AREAS OF
THE SANDBRIDGE SEWER PROJECT AND AUTHORIZING THE CONSTRUCTION OF
PHASE I" (hereinafter "the Ordinance"), a true copy of which
Ordinance is hereto attached; and
WHEREAS, the Ordinance established the Sandbridge Sanitary
Sewer Service Area, Phase I, as shown on the Service Area Map
appended to the Ordinance, and authorized the construction of
public sanitary sewer service facilities only to serve the Phase I
service area; and
WHEREAS, in accordance with its terms, the Ordinance,
including the Service Area Map, may not be repealed or amended
until the City Council has held a public hearing; and
WHEREAS, the City Council has held a public hearing on January
10, 1995, after advertisement of such public hearing in accordance
with applicable requirements of law; and
WHEREAS, the extension of public sanitary sewer service into
the Sandbridge Area was authorized by the City Council in the 1993-
94 Capital Improvement Program;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the ordinance entitled "AN ORDINANCE ESTABLISHING THE
SERVICE AREAS OF THE SANDBRIDGE SEWER PROJECT AND AUTHORIZING THE
CONSTRUCTION OF PHASE I", adopted by the City Council on February
27, 1984, be, and hereby is, REPEALED.
33
34
Adopted by the Council of the City of Virginia Beach on the
13thday of 3un¢ , 1995.
CA-94-5805
\noncode \ sandsew, orn
1-3-95
R-2
D~PA~tTM'ENT
AP'~'9OVED AS TO LEGA' FF, ENCY AN
CITy ATI'O~,~Ey
AN ORDINANCE ESTABLISHING THE SERVICE
AREAS OF THE SANDBRIDGE SEWER PROJECT
AND AUTHORIZING THE CONSTRUCTION OF PHASE
WHEREAS, on April 26, 1982, City Council of the City of
Virginia Beach adopted Resolution No. R-82-755, setting forth the
policy of the City of Virginia Beach to extend public water and
sewer service into unserved areas when potential health or safety
hazards exist; and
WHEREAS, in response to potential health or safety
hazards, the Public Utilities Department has designed service
areas for a project known as the Sandbridge Sewer Project (the
"Project" ); and
WHEREAS, the sewer force main for the Project is sized
to serve only the Phase I area as designated on that certain map
entitled "SANDBRIDGE SEWER 6-931 PHASE I SERVICE AREA," dated
February 2, 1984, and designated as "Exhibit A," and attached
hereto and made a part hereof (hereinafter "Service Area Map");
and
WHEREAS, City Council has determined that a force main
no greater than 24 inches should be constructed from Nimmo Church
area to Atwoodtown Road to serve the Phase I area; and
WHEREAS, it is City Council's express intent that the
PrOject shall only service the area designated as Phase I on the
Service Area Map as it is zoned or as designated in the
Comprehensive Plan as of the date of this Ordinance; whichever
provides the greatest impact on the sanitary sewerage system;
and
WHEREAS, it is anticipated that the costs of
construction of the force main to serve Phase I will be shared
between the City of Virginia Beach and the developers of the
property within Phase I.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That the service area for Phase I, as shown oh the
Service Area Hap, is hereby establishedl that the sewer force
main for the Project shall be sized at no greater than 24 inches
and shall serve only the Phase I service areal that the sewer
force main for Phase I of the Project shall be constructed as
soon as reasonably practicable, with the City providing the
differential cost funding for the force main to serve Phase I.
2. This Ordinance, including the Service Area Map,
shall not be amended or repealed until a public hearing has first
been held by City Council. Notice of this public hearing shall
be published once a week for two (2) successive weeks in a
newspaper having general circulation in the City of Virginia
Beach.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the~rlJ~_~_~__ day o .... , 1984.
JDB/da
MISC.1
1113/84
2/1/84
2/9/84
2/27/84
-2-
- 30 -
CONSENT AGENDA
ITEM # :39:341
ORDINANCES
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED:
Applications for Annual Permit Renewal for private, municipal and
non-profit organizations operating entergency medical service agencies
or vehicles within the City, pursuant to Section 10.5-2 of the City Code:
Advanced Wheelchair Transport, Inc.
Chesapeake Emergency Medical Services
Children's Hospital of the Kings Daughters
Eastern Medical Transport
Medical Transport, Inc.
Mercy/Tidewater Ambulance Service
Nightingale Air Ambulance
Norfolk Fire and Paramedical Services
Ocean Rentals Ltd.
Virginia Beach Lifesaving Service
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. Oberndorf,, Nancy K. Parker, l, qce Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
- 31 -
Item IV-I~
PUBLIC HEARING
ITEM # 39342
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
2. GEORGIA-PACIFIC CORPORATION
STREET CLOSURE
3. CITY OF VIRGINIA BEACH
STREET CLOSURE
4. EASTMAN ENTERPRISES, INC.
STREET CLOSURE
5. STEVE STEINHILBER
NONCONFORMING USE
6. JAMES M. GRUSZECZKA
NONCONFORMING USE
7. CHURCH POINT ASSOCIATES
RECONSIDERATION OF
CONDITIONS/
VARIANCE
8. BRIGHT FAMILY TRUST
VARIANCE
9. SYLVESTER NICHOLS
VARIANCE
10. DEVELOPMENT OPTIONS, INC.
CONDITIONAL CHANGES
OF ZONING
11. STEVEN L FOX
CHANGE OF ZONING
12. THE HAPPY CRAB, INC.
CHANGE OF ZONING
13. MILLER OIL CO., INC.
CONDITIONAL USE PERMIT
14. JAMA T, INC.
CONDITIONAL USE PERMIT
15. GOLFORAMA, INC.
CONDITIONAL USE PERMIT
16. MICHAEL WA YNE CLIFTON
CONDITIONAL USE PERMIT
June 13, 1995
- 32 -
Item IV-K. 1.
PUBLIC HEARING
ITEM# 39343
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in
ONE MOTION Items 2, 3, 4, 6, 10, 11, 13, 14, 15 and 16 of the PLe4NNING BY CONSENT AGENDA.
Item 4 was APPROVED for ADDITIONAL 180 DAY DEFERRAL (December 12, 1995).
Item 6 was APPROVED for DEFERRAL to June 27, 1995.
Item I0 was APPROVED for DEFERRAL to June 27, 1995.
Voang: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert ~ Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy I~ Parker, Vice Mayor William D.
Sessorns, Jr and Louisa M. Strayhorn
Council Members Vottng Nay:
None
Council Members Absent:
None
June 13, 1995
- 33 -
Item 1V-K. 2.
PUBLIC HEARING
ITEM # 39344
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED
FINAL APPROVAL: Ordinance re the discontinuance, closure and abandonment of portions of the
following streets in the petition of GEORGIA-PACIFIC CORPORATION (KEMPSVILLE BOROUGH):
Petition of GEORGIA-PACIFIC CORPORATION for the discontinuance,
closure and abandonment of portions of the following streets:
Mac Street: Portion beginning at the Southern boundary of Rouse
Drive and running in a Southerly direction a distance of 418.95 along the
Eastern property line and a distance of 375.82 feet along the Western
property line to the Northern boundary of the Virginia Beach-Norfolk
Expressway.
Price Street: Portton beginning at the Southern boundary of Rouse Drive
and running in a southerly direction a distance of 744. 71 feet along the
Eastern property line and a distance of 674 67 feet along the Western
property to the Northern boundary of the Virginia Beach-Norfolk
Expressway. KEMPSVILLE BOROUGH.
Voting:
11-0 (By ConsenO
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 K. Parker, Vice Mayor William D
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING PORTIONS OF THOSE CERTAIN
STREETS, KNOWN AS PRICE STREET AND MAC
STREET, SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "RESUBDIVISION PLAT OF PROPERTY
OF GEORGIA-PACIFIC CORPORATION (DB 1228/PG
498, DB 1228/PG 496 & DB 2127/PG 694) TO
CLOSE EXISTING STREET RIGHT OF WAYS,
KEMPSVILLE BOROUGH, VIRGINIA BEACH,
VIRGINIA".
WHEREAS, it appearing by affidavit that proper notice
has been given by GEORGIA-PACIFIC CORPORATION, that they would
make application to the Council of the City of Virginia Beach,
Virginia, on January 25, 1994, to have portions of the
hereinafter described streets discontinued, closed, and
vacated; and
WHEREAS, it is the judgment of the Council that
subject to the reservation of certain public utility easements
the portions of said streets be discontinued, closed, and
vacated.
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, Virginia, that those portions of the hereinafter
described streets be discontinued, closed, and vacated:
SEE ATTACHED EXHIBITS "A" AND
Said parcels of land being portions of Price Street and Mac
Street as indicated on that certain Resubdivision Plat of
Georgia-Pacific Corporation dated December 1994 located in the
Kempsville 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,
- 1 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
Virginia, and indexed in the name of the City of Virginia Beach
as Grantor and Georgia-Pacific Corporation as Grantee.
SECTION III
This Ordinance shall be effective upon the date of its
adoption.
SECTION IV
Adopted:
13 June 1995
APPROVED AS TO CONT.':NTS
SICNA"'U', ,':
D~ ART/",/, _N
AP~RC~VED A:~ TO Lr. GAL
SU:FiCiENCY AND FORM
CITY ;TTOR. NEY
4270i
- 2 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
EXHIBIT "A"
LEGAL DESCRIPTION
PRICE STREET
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled "RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION (DB 1228/PG 498, DB 1228/PG 496 &
DB 2127/PG 694) TO CLOSE EXISTING STREET RIGHT OF WAYS,
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by
T.E.S., Inc., designated as PRICE STREET (50' R/W) and being
more particularly described as Beginning at the point of
intersection of the southern right-of-way line of ROUSE DRIVE
and the western right-of-way line of PRICE STREET, thence south
19° 55' 00" east 566.51 feet along the western right-of-way
line of Price Street to a point, thence along the right-of-way
line of Price Street in a southerly direction along the arc of
a curve to the right with a radius of 50' an arc distance of
36.14 feet to a point, thence along the right-of-way line of
Price Street in a southerly direction along the arc of a curve
to the left with a radius of 50' an arc distance of 88.50 feet
to a point; thence south 19° 55' 00" east 8.16 feet along the
western right-of-way line of Price Street to its point of
intersection with the northern right-of-way line of STATE ROUTE
44; thence following the northern right-of-way line of State
Route 44 in a southeasterly direction along the arc of a curve
to the left with a radius of 3709.72 feet an arc distance of
70.74 feet to the point of its intersection with the eastern
right-of-way line of Price Street; thence north 19° 55' 00"
west 58.20 feet along the eastern right-of-way line of Price
Street to a point; thence along the right-of-way line of Price
Street in a northerly direction along the arc of a curve to the
left with a radius of 50 feet an arc distance of 88.50 feet to
a point; thence along the right-of-way line of Price Street in
a northerly direction along the arc of a curve to the right
with a radius of 50 feet an arc distance of 36.14 feet to a
point; thence north 19° 55' 00" west 566.51 feet along the
eastern right-of-way line of Price Street to a point; thence
south 70° 05' west 50 feet to the point of Beginning.
LESS AND EXCEPT a Public Utility Easement depicted and
described on said plat which easement is hereby reserved by the
City of Virginia Beach, for the purposes described in a Deed of
Easements dated , 1995 between Georgia-Pacific
Corporation and the City of Virginia Beach which is recorded in
the Office of the Clerk of the Circuit Court of the City of
Virginia Beach.
4270i
- 3 -
SYKES, CARNES, BOURDON
& AHERN, P C
ATTORNEYS AT LAW
EXHIBIT "B"
LEGAL DESCRIPTION
PORTION OF MAC STREET (UNIMPROVED)
ALL THAT CERTAIN PIECE OR PARCEL OF LAND SITUATE, LYING AND
BEING IN THE KEMPSVILLE BOROUGH OF VIRGINIA BEACH, VIRGINIA, as
shown on that plat entitled "RESUBDIVISION PLAT OF PROPERTY OF
GEORGIA-PACIFIC CORPORATION (DB 1228/PG 498, DB 1228/PG 496 &
DB 2127/PG 694) TO CLOSE EXISTING STREET RIGHT OF WAYS,
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", prepared by
T.E.S., Inc., designated as MAC STREET (50' R/W) and being more
particularly described as beginning at the point of
intersection of the southern right-of-way line of 30 foot wide
right-of-way known as Rouse Drive and the western right-of-way
line of an unimproved 50 foot wide right-of-way known as Mac
Street, thence south 19° 55' 00" East along the western
right-of-way line of Mac Street a distance of 20 feet to the
TRUE POINT OF BEGINNING, thence continuing south 19° 55' 00"
East 355.82 feet along the western right-of-way line of Mac
Street to the point of intersection with the northern
right-of-way line of State Route 44; thence following the
northern right-of-way line of State Route 44, in a
southeasterly direction along the arc of a curve to the left
with a radius of 3709.72 feet an arc distance of 80.53 feet to
the point of its intersection with the eastern right-of-way
line of MAC STREET; thence north 19° 55' 00" west 418.95 feet
along the eastern right-of-way line of Mac Street to the point
of its intersection with the southern right-of-way line of
Rouse Drive; thence south 70° 05' west 50 feet to the TRUE
POINT OF BEGINNING.
LESS AND EXCEPT a Public Utility Easement depicted and
described on said plat, which easement is hereby expressly
reserved by the City of Virginia Beach for the purposes
described in a Deed of Easements dated 1995
#
between Georgia-Pacific Corporation and the City of Virginia
Beach which is recorded in the Office of the Clerk of the
Circuit Court of the City of Virginia Beach.
4270i
- 4 -
·
O
·
0 '0
0 ·
0
GEORGIA- PACIFIC CORP.
CLosur~ of Mac Street & Price Street
Kempsville Borough
SYKES, CARNES BOURDON
& AHERN, P C
ATI'ORNEYSATLAW
DEED OF EASENENTS
THIS DEED OF EASEMENTS, made this 31st day
of May , 1995 by and between GEORGIA-PACIFIC
CORPORATION, hereinafter called the Grantor, party of the first
part, and the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal
corporation of the Commonwealth of Virginia, hereinafter called
the Grantee, party of the second part.
W I TNE~SETH:
That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid, and other good and valuable
considerations, the receipt of which is acknowledged, the
Grantor does hereby sell, assign, transfer, grant and convey,
with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE,
perpetual, variable width utility easements to the Grantee, its
agents, assigns and successors to construct, reconstruct,
alter, operate and maintain utility facilities in, under, upon
and across lands and property of the Grantor, including the
right of ingress and egress to the same, as more particularly
described as follows:
ALL THOSE certain pieces or parcels of land
situate, lying and being in the City of
Virginia Beach, Virginia, being designated by
cross-hatching and described as "UTILITY
EASEMENTS ... HEREBY DEDICATED TO THE CITY OF
VIRGINIA BEACH, VIRGINIA", as shown on that
certain plat entitled "Resubdivision Plat of
GPIN # 1467-92-6694 AND
GPIN # 1467-92-0684
-- 1 --
SYKES. CARNES BOURDON
& AHERN. P C
A'I-I'ORNEYS AT LAW
Property of Georgia-Pacific Corporation (DB
1228/PG 498, DB 1228/PG 496 & DB 2127/PG 694)
To Close Existing Street Right of Ways,
Kempsville Borough, Virginia Beach, Virginia",
said plat being recorded in the Clerk's Office
of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book ~, Page __,
to which reference is made for a more
particular description.
It being a part of the same property acquired
by the party of the first part from
, by
Deed dated
Deed Book , at Page
of Virginia Beach, Virginia.
, and recorded in
, in the City
It is agreed between the parties hereto that the
Grantee, its agents, assigns and successors shall have the
right to inspect the said easements and to cut and clean all
undergrowth and remove other obstructions in and along the said
easements or adjacent thereto that may in any way endanger or
interfere with the proper use of the same, and to make use of
the adjacent property for ingress and egress and for other
activities necessary to construction, reconstruction,
alteration, operation and maintenance of the said facilities.
The Grantor and its agents, assigns and successors
agree that when requested by the Grantee, it shall remove any
fence(s), structure(s), landscaping, vehicle parking or other
obstruction within forty-eight (48) hours of receipt of written
notice requesting such removal. Except that in an emergency or
failure to remove after written notice Grantee will remove, or
- 2 -
SYKES. CARNES. BOURDON
& AHERN. P C
A*lq'ORNEY~ AT LAW
have removed by others, any impediment to access, maintenance
or operation and Grantor agrees he is responsible for
replacement of said fence(s), structure(s), landscaping,
vehicle parking or other obstruction at its sole expense.
The Grantor covenants and agrees for himself, his
assigns and successors, that the consideration aforementioned
shall be in lieu of any and all claims of compensation and
damages - by reason of the location, construction,
reconstruction, alteration or maintenance of the said facility.
IN WITNESS WHEREOF, Georgia-Pacific Corporation has
caused this Declaration of Easement to be executed pursuant to
due ability.
GEORGIA-PACIF~q2 CORPORATION
By: o EAL )
Title:
SYKES, CARNES BOURDON
& AHERN, P C
ATTORNEYS AT LAW
STATE OF VIRGINIA
CITY/~D4AW~ OF ~,~,~, '¢?-~¢[-- , to-wit:
I, ~_/-~'_~>c~_~'~~~ 7~- , a Notary Public
in and for the City and State aforesaid, do hereby certify
that Mark F. Hobart , General Manaser for
Georgia-Pacific Corporation, whose name is signed ~to the
foregoing instrument bearing date on the ~/ day
of ~,-/ , 1995, has acknowledged the same before me
my City~nd State aforesaid.
Givon under my hand day of
1995.
~otary Public
My Commission Expires:lQ
5257i
- 4 -
- 34 -
Item IV-K. 3.
PUBLIC HEARING
ITEM # 39345
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council AUTHORIZED
FINAL APPROVAL: Ordinance re the discontinuance, closure and abandonment of a portion of
Princess Anne Road upon application of the City of Virginia Beach:
Petition for the discontinuance, closure and abandonment of a portion of
Princess Anne Road beginning at a point 480 feet more or less North of
Flanagans Lane and running in a Northerly direction to the Eastern
boundary of Relocated Princess Anne Road. Said parcel is variable in
width and contains 32,301 square feet. PRINCESS ANNE BOROUGH.
11-0 (By Consent)
Council Members Voting Aye:
John A Baum, Linwood O. Branch, III, Robert K. Dean, Wdliam W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf,, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET KNOWN AS PRINCESS ANNE
ROAD AS SHOWN UPON THAT CERTAIN PLAT ENTITLED,
"RESUBDIVISION OF PROPERTY OF IDA MAE MALBON AND THE CITY
OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG 29) AND A
CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS ANNE
BOROUGH--VIRGINIA BEACH, VIRGINIA," DATED FEBRUARY 2,
1995, ATTACHED HERETO AND MADE A PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has
been given by the City of Virginia Beach that it would make
application to the Council of the City of Virginia Beach, Virginia,
on March 7, 1995, to have the hereinafter described street
discontinued, closed, and vacated; and
WHEREAS, it is the judgment of the Council that said street be
discontinued, closed, and vacated;
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:
PARCEL B
ALL THAT certain lot, tract or parcel of land together with
improvements thereon belonging, lying, situate and being in
the City of Virginia Beach, Virginia, and designated and
described as beginning at a pin at the point of intersection
of the eastern right of way line of Relocated Princess Anne
Road and the northern right of way line of Flanagans Lane,
thence following the eastern right of way line of Relocated
Princess Anne Road in a northerly direction along the arc of
a curve with a radius of 1313.24 feet an arc distance of
219.45 feet to a pin at the TRUE POINT OF BEGINNING; thence
north 77° 31' 55" east 67.55 feet to a pin; thence turning and
running in a northerly direction along the western right of
way line of what was formerly Princess Anne Road, along the
arc of a curve with a radius of 413.90 feet an arc distance of
195.39 feet to a pin; thence north 44° 56' 56" west 43.05 feet
to a pin; thence following the eastern right of way line of
Relocated Princess Anne Road in a southerly direction along
the arc of a curve with a radius of 1313.24 feet an arc
distance of 220.43 feet to the TRUE POINT OF BEGINNING, as
shown on that certain plat entitled, RESUBDIVISION OF
PROPERTY OF IDA MAE MALBON AND THE CITY OF VIRGINIA BEACH (MB
218 PG 28, MB 211 PG 29) AND A CLOSURE OF A PORTION OF
PRINCESS ANNE ROAD PRINCESS ANNE BOROUGH--VIRGINIA BEACH,
VIRGINIA SCALE: 1" = 50' DATE: FEBRUARY 2, 1995," prepared
by Hayes, Seay, Mattern and Mattern, Inc.
GPIN: 2413-05-7831 & 2413-05-7730
PARCEL C
ALL THAT certain lot, tract or parcel of land together with
improvements thereon belonging, lying, situate and being in
the city of Virginia Beach, Virginia, and designated and
described as beginning at a pin at the point of intersection
of the eastern right of way line of Relocated Princess Anne
Road and the northern right of way line of Flanagans Lane,
thence following the eastern right of way of Relocated
Princess Anne Road in a northerly direction along the arc of
a curve with a radius of 1313.24 feet an arc distance of
439.88 feet to a pin at the TRUE POINT OF BEGINNING; thence
continuing along the eastern right of way of Relocated
Princess Anne Road in a northerly direction along the arc of
a curve with a radius of 1313.24 feet an arc distance of 62.13
feet to a point; thence continuing along the eastern right of
way line of Relocated Princess Anne Road north 24° 47' 46"
west 20.96 feet to a pin; thence south 44° 56' 56" east 120.53
feet to a point; thence continuing in a southerly direction
along the eastern right of way line of what was formerly
Princess Anne Road along the arc of a curve with a radius of
443.90 feet an arc distance of 212.40 feet to a pin; thence
south 77° 31' 55" west 30.13 feet to a pin; thence turning and
running in a northerly direction along the western right of
way line of what was formerly Princess Anne Road along the arc
of a curve with a radius of 413.90 feet an arc distance of
195.39 feet to a pin; thence north 44° 55' 56" west 43.05 feet
to a pin at the TRUE POINT OF BEGINNING, as shown on that
certain plat entitled, "RESUBDIVISION OF PROPERTY OF IDA MAE
MALBON AND THE CITY OF VIRGINIA BEACH (MB 218 PG 28, MB 211 PG
29) AND A CLOSURE OF A PORTION OF PRINCESS ANNE ROAD PRINCESS
ANNE BOROUGH--VIRGINIA BEACH, VIRGINIA SCALE: 1" = 50' DATE:
FEBRUARY 2, 1995," prepared by Hayes, Seay, Mattern and
Mattern, Inc., which plat is to be recorded in the Clerk's
Office of the Circuit Court of the City of Virginia Beach upon
adoption of an Ordinance closing that portion of the former
Princess Anne Road herein described.
SECTION II
A certified copy of this Ordinance shall be filed in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
Virginia, and indexed in the name of the City of Virginia Beach as
Grantor.
Adopted by the Council of the City of Virginia Beach,
Virginia, on this 13th day of 3un~ , 1995.
PRO~D AS TO CONTENT
o~ o~
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Lax~~/J
-- I
13
~ 0 Oo
~ Oo
CITY OF VIRGINIA BEACH
Closur~ of portion of Princess Anne
Princess Anne Borough
- /
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LiJ
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- 35 -
Item IV-K. 4.
PUBLIC HEARING
ITEM # 39346
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council GRANTED
ADDITION.4L 180-DAY DEFERRAL, to 12 December 1995: Petition 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.
11-0 (By ConsenO
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 K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
- 36 -
Item IV-KS.
PUBLIC HEARING
ITEM # 39347
PLANNING
Stephen E. Steinhilber, 652 Thalia Road, Phone: 340-1156, represented himself
Upon motion by Council Lady Strayhorn, seconded by Councilman Baum, City Council ADOPTED
Resolution upon application of STEVE STEINHILBER for the enlargement of a nonconforming use
at 652 Thalia Road re waiting area:
Application of Steve Steinhilber for the enlargement of a nonconforming
use on certain proeprty located at 652 Thalia Road. Said parcel contains
5.5 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. The applicant shall submit a detatled plan of development and shall post all required
bonds, prior to the issuance of a building permit.
2. Decking shall be constructed in accordance with approved specifications on file in
the Department of Planning for residential
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. Oberndorf, Nancy K~ Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A
NONCONFORMING USE ON PROPERTY LOCATED AT 652
THALIA ROAD, IN THE BOROUGH OF KEMPSVILLE
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
WHEREAS, Steve Steinhilber has made application to the
City Council for authorization to enlarge an existing restaurant
located at 652 Thalia Road, in the Borough of Kempsville; and
WHEREAS, such parcel is located in the R-20 Residential
Zoning District; and
WHEREAS, the said restaurant is a nonconforming use, in
that restaurants are no longer permitted in the R-20 Zoning
District; and
WHEREAS, pursuant to Section 105 of the City Zoning
Ordinance, the enlargement of the aforesaid restaurant would be
unlawful in the absence of a resolution of the City Council
authorizing such enlargement upon a finding that the proposed use,
as enlarged, is equally appropriate or more appropriate to the
zoning district than is the existing use;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the City Council hereby finds that the proposed
restaurant, as enlarged, would be equally appropriate to the zoning
district as the existing restaurant.
BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That the proposed enlargement of the aforesaid restaurant
be, and hereby is, authorized, upon the following conditions:
1. The applicant shall submit a detailed plan of
development, and shall post all required bonds, prior to the
issuance of a building permit; and
30
31
32
2. Decking shall be constructed in accordance with
approved specifications on file in the Department of Planning for
residential decks in Chesapeake Bay Preservation Areas.
33
34
the
Adopted by the Council of the City of Virginia Beach on
]~h day of 3une , 1995.
35
36
37
38
CA-95-5973
wmordres\steinhil.res
R-1
5-23-95
APPROVED AS TO CONTENT
Planning
APPROVED AS TO LEGAL
SUFFICIENCY ,- , //
Dep~'~n~nt o{ Law ' ' ~, (, ""
- 37 -
Item IV-K. 6.
PUBLIC HEARING
ITEM # 39348
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED TWO
WEEKS, to 27 June 1995: Resolution upon Apphcation of JAMES M. GRUSZECZKA for the
conversion of a nonconforming use:
Application of James M. Gruszeczka for the conversion of a
nonconforming use on certain property located at 408 27th Street. Said
parcel contains 7,000 square feet. VIRGINIA BEACH BOROUGh.
Voting:
11-0 (By ConsenO
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, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
- 38 -
Item IV-K. Z
PUBLIC HEARING
ITEM # 39349
PLANNING
Jim Hogan, represented the developers of Church Point Associates
Robert Kellam, Engineer
Upon motion by Councilman Jones, seconded by Vice Mayor Sessorns, City Council APPROVED the
Applications of CHURCH POINT ASSOCIATES, L.P. re the South &de of Church Point Road, 1400
feet more or less East of Greenwell Road (BAYSIDE BOROUGH):
Variance to Section 4.4(d) of the Subdivision Ordtnance which requires
the platting of lots without frontage on a public street.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, subdivision for Church Point
Associates, L P. Proeprty is located on the south side of Church Point
Road, 1400 feet more or less east of Greenwell Road. BAYSIDE
BOROUGtt.
RECONSIDERATION OF CONDITIONS placed on the January 8,
1990, approved Conditional Use Permit for open space promotion. The
reconsideration is for a reconfigured open space plan, which includes a
swimming pool, clubhouse, tennis courts and other recreational amenities.
The following conditions shall be required:
The amount of open space provided in the submitted plan shall
not be used to compensate for open space approved in the rest
of Church Point.
The proposed berm on the Southern side of the open space
shall be at least four feet (4') in height and landscaped with
Category IV plant material.
All private roads must be tn accordance with City standards
and be able to provide unhmited access and turning radius for
large emergency service and delivery vehicles.
An emergency by-pass must be installed at the gate entrance
for emergency responding personnel This system must be
easily recognizable.
,,1 disclosure statement shall be required with the sales contract,
notifying the prospective buyers that the streets are prtvate
roads and that maintenance of the road ts the responsibility of
the homeowner's associatton and that certain public services,
includmg but not limited to. refuse pickup, mail delivery and
school bus service, will not be provided on the street
6. No lighted sports activtty will be allowed.
June 13, 1995
- 39 -
Item IV-K, Z
PUBLIC HEARING
ITEM # 39349 (Continued)
PLANNING
Voting: 9-0
Council Members Voting Aye:
John .4. Baum, Linwood 0 Branch, III, Robert I~ Dean, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy I~ Parker, Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaimng:
William W. Harrison, Jr
Council Members Absent:
Louisa M. Strayhorn
Councilman Harrison ABSTAINED as hts law firm represents Church Point Associates.
June 13, 1995
PUBLIC HEARING
ITEM # 3935O
PLANNING
The following spoke in SUPPORT:
Bruce Gallup, represented the applicant
Grace Bright, the applicant
The following registered in OPPOSITION:
Robert Simon, 4698 Hanover Court, Phone: 495-8566, represented the adjacent property owners (Capps).
Upon motion by Council Lady Henley, seconded by Vice Mayor Sessorns, City Council APPROVED the
application of BRIGHT FAMILY TRUST for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires all newly created lots meet all requirements of the City Zoning Ordinance.
Appeal form Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinnace, Subdivision for Bright Family
Trust. Property is located at the southwest extremity of Landing Road.
-, ,-',,--,,,~,?,, -,',,',-',,,--,u: PUNGO BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., Harold Hetschober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
- 41 -
Item IV-K~9.
PUBLIC HEARING
ITEM it 39351
PLANNING
Sylvester Nichols, 6011 Edgelake Drive, Phone: 523, 43651, the applicant
Upon motion by Council Lady Strayhorn, seconded by Council Lady Parker, City Council ADOPTED the
Application of SYLVESTER NICHOLS for a Variance to Section 4.4(d) of the Subdivision Ordinance
which requires all newly created lots have direct access to a public street.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, Subdivision for Sylvester Nichols.
Property is located on the north stde of General Street on Lot 6,
Newlight. KEMPSVILLE BOROUGH.
The following conditions shall be requzred:
Only one single-family home may be constructed on the site.
A note is required on the final plat limiting development to a
single-family home
2. A private utility easement must be dedicated for access to
public utilities.
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.
Sessorns, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
Item IV-K. iO
PUBLIC HEARING
ITEM # 39352
PLANNING
Letter dated June 13, 1995, from Attorney R.J. Nutter, Il, requesting DEFERRAL of the application is
hereby made a part of the record.
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council DEFERRED TWO
WEEKS, to 27 June 1995: Application of DEVELOPMENT OPTIONS, INC., for Conditional Changes
of Zoning District Classification to B-2 Community Business District (KEMPSVILLE BOROUGH):
ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS,
INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM R-SD TO B-2
Ordinance upon application of Development Options, Inc., for a
Conchtional Change of Zoning District Classification from R-5D
Residential Duplex District to B-2 Community Business District at the
northwest intersection of Lynnhaven Parkway and Princess Anne Road.
The proposed zoning classification change to B-2 is for commercial land
use. The Comprehensive Plan recommends use of this parcel for
suburban high density residential at densities that are compatible with
single faintly use in accordance with other plan policies. Said parcel
contains 20.30 acres. KEMPSVILLE BOROUGH.
AND,
ORDINANCE UPON APPLICATION OF DEVELOPMENT OPTIONS,
INC. FOR A CONDITIONAL CHANGE OF ZONING DISTRICT
CLASSIFICATION FROM I-1 TO B-2
Ordinance upon apphcation of Development Options, Inc, for a
Conditional Change of Zoning Distrtct Classification from I-1 Light
Industrial District to B-2 Community Business District on the southwest
side of Princess Anne Road beginning at a point 290 feet more or less
northwest of Lynnhaven Parkway. The proposed zoning classification
change to B-2 is for commercial land use. The Comprehensive Plan
recommends use of this parcel for industrial use in accordance with other
Plan policies. Said parcel is located at 4233 Princess Anne Road and
contains 23.44 acres. KEMPSVILLE BOROUGH.
June 13, 1995
Item II/-l~ 10
PUBLIC HEARING
ITEM # 39352 (Continued)
PLANNING
l/otin g :
11-0 (By ConsenO
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K. Dean, William W.
Harrison, Jr., HaroM Hetschober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K. Parker, Vice Mayor William D.
Sessoms, Jr. and Loutsa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
Item IV-K. 11
PUBLIC HEARING
ITEM# 39353
PLANNING
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED the
Application of STEVEN I. FOX for a Change of Zoning District Classification
ORDINANCE UPON APPLICATION OF STEVEN L FOX FOR A
CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to
R-5D Z06951451
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Steven L Fox for a Change of Zoning
District Classification from A- 12 Apartment District to R- 5D Residential
Duplex District on the southwest corner of 24th Street and Mediterranean
Avenue. The proposed zoning classification change to R-5D is for
residential duplex land use on lots no less than 5,000 square feet for
single family and lots no less than 10,000 square feet for duplexes. The
Comprehensive Plan recommends use of this parcel for resort activity use
in accordance with other Plan pohcies. Satd parcel is located at 600 24th
Street and contains 11,440 square feet. VIRGINIA BEACH BOROUGH.
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 Thirteenth of June, Ntneteen
Hundred and Ninety-Five.
11-0 (By ConsenO
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 K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Vottng Nay:
None
Council Members Absent:
None
June 13, 1995
Item IV-tel2
PUBLIC HEARING
ITEM # 39354
PLANNING
Richard Doumar represented the applicant
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED an
Ordinance upon application of THE HAPPY CRAB, INC. for a Change of Zoning District Classification:
ORDINANCE UPON APPLICATION OF THE HAPPY CRAB, INC. FOR
A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM A-12 to
RT-3 Z06951452
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of The Happy Crab, Inc. for a Change of
Zoning District Classtficatton from A-12 Apartment District to RT-3
Resort Tourist District on property located 150 feet more or less north
of Laskin Road beginning at a pomt 650 feet west of Holly Road. The
proposed zoning classification use of this parcel is for urban medium Iow
density restdential at densities that are compatible wtth multi-family use
in accordance wtth other Plan policies. Said parcel is located at 550
Laskin Road and contains 21,000 square feet. VIRGINIA BEACH
BOROUGH.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Nineteen
Hundred and Ninety-Five.
Voting: 10-1
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, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Nancy K. Parker
Council Members Absent:
None
June 13, 1995
Item 1V-K. 13
PUBLIC HEARING
ITEM # 39355
PLANNING
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of MILLER OIL CO., INC. for a Conditional Use Permit:
ORDINANCE UPONAPPLICATION OF MILLER OIL COMPANy, INC.,
FOR A CONDITIONAL USE PERMIT FOR A CARWASH R06951964
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Miller Oil Co., Inc. for a Conditional Use
Permit for a carwash on certain property located at the southwest corner
of Jericho Road and Independence Boulevard. Said parcel is located at
62 7 Independence Boulevard and contains 37,897 square feet. BA YSIDE
BOROUGH.
The following conditions shall be required:
.
A four-foot (4') wooden fence will be installed along Minute
Men Road in the landscape buffer. The landscape materials
will be planted on the street side of the fence.
2. The carwash facility will have a solid wall on the South side
facing the residence.
3. No outside lights will be directed toward the West or South
sides of the residential area.
4. The daily hours of operation of the carwash will be limited to
7AM to 10 PM.
This Ordinance shall be effective in accordance with Section 107 69 of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Nineteen
Hundred and Nine~-Five.
June 13, 1995
- 47 -
Item 1V-I~13
PUBLIC HEARING
ITEM # 39355 (Continued)
PLANNING
Voting:
11-0 (By Consent)
Council Members Vottng 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 K. Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
June 13, 1995
Item IV-K. 14
PUBLIC HEARING
ITEM # 39356
PLANNING
Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of JAMAT, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JAMAT, INC.
CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE
FA CILITY R06951965
FOR A
REPAIR
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of JAMAT, Inc., for a Conchtional Use
Permit for an automotive repair facihty at the southwest corner of
Independence Boulevard and Tuhp Road. Said parcel is located at 1613
Independence Boulevard and contains 21,780 square feet. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. There will be no outside storage of auto spare parts.
.
5.
A ten-foot (10') planttng bed landscaped in accordance with
the "Parking Lot and Foundation Landscaping Spectfications
and Standards" shall be provtded along Independence
Boulevard and Tuhp Drive.
Only one curb-cut shall be allowed on Independence
Boulevard as shown on the site plan. All other curb-cuts on
Independence Boulevard shall be closed prior to the issuance
of an occupancy permit.
A Category IV landscape buffer shall be established on the
Southern side of the property.
The logo and yellow background may only cover the pediment
on the front portion of the building. An eighteen inch (18")
strip may continue around the building under the roof eave.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of V~rginia Beach, Virginia, on the Thirteenth of June, Nineteen
Hundred and Nine~_ -Five.
June 13, 1995
- 49 -
Item 1V-IC14
PUBLIC HEARING
ITEM # 39356 (Continued)
PLANNING
11-0 (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 Ic2 Parker, Vice Mayor Wilham D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Counctl Members Absent:
None
June 13, 1995
Item IV-K15
PUBLIC HEARING
ITEM # 39357
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of GOLFORMA, INC. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF GOLFORMA, INC. FOR A
CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF
AN OUTDOOR NATURE R06951966
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Golforma, Inc. for a Conditional Use
Permit for a recreational facility of an outdoor nature (golf driving
range, mini-golf & game room) on the east side of South Military
Highway, north of Providence Road. Said parcel is located at 920 South
Military Highway and contains 18.5 acres. KEMSPVILLE BOROUGH.
The following conditions shall be required;
,
Site improvements shall be in accordance with the submitted
plan entitled "Preliminary Site Plan and Exhibit to Conditional
Use Permit Apphcation for Budding Addition at Indian River
Golforama" dated 3 April 1995.
2.
Buil&ng improvements shall be in accordance with the
submitted rendering entitled "Preliminary Elevations Golf-O-
Rama Indian River", dated 18 April 1995.
This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance.
Adopted by the Counctl of the City of Virginia Beach, Virginia, on the Thirteenth of June, Nineteen
Hundred and Nine~_ -Five.
11-0 (By Consent)
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 K. Parker, Vice Mayor William D.
Sessoms, Jr and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent.
None
June 13, 1995
- 51 -
Item IV-K. 16
PUBLIC HEARING
ITEM # 39358
PLANNING
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED the
Ordinance upon application of MICHAEL WAYNE CLIFTON a Conditional Use Permit for a bulk
storage facility (automobiles.):
ORDINANCE UPON APPLICATION OF MICHAEL WAYNE CLIFTON
FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE
FACILITY (AUTOMOBILES) R0695196 7
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Michael Wayne Clifton for a Conditional
Use Permit for a bulk storage facihty (automobiles) on the east side of
South Mihtary Highway, 560 feet more or less north of Alexandra
Avenue. Said parcel is located at 748 & 656 South Military Highway and
contains 40,000 square feet KEMSPVILLE BOROUGH.
The following conditions shall be required:
It is understood that the applicant intends to petition the Board
of Zoning Appeals for a variance to the Category VI screening
requirement. If the petition is not approved, the required
Category VI screemng must be installed.
2. The storage area is limtted to the area as depicted on the
submitted physical survey
3. The existing privacy fence must remain.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June, Ntneteen
Hundred and Nine~_ -Five.
Voting:
11-0 (By ConsenO
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 K. Parker, Vice Mayor William D.
Sessorns, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
June 13, 1995
- 52 -
Item IV-L
APPOINTMENTS
ITEM # 39359
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
CBPA - CHESAPEAKE BAY PRESERVATION AREA BOARD
HRPDC -HAMPTON ROADS PLANNING DISTRICT COMMISSION
RAAC - RESORT AREA ADVISORY COUNCIL
SOCIAL SERVICES BOARD
TCC- TIDEWATER COMMUNITY COLLEGE
June 13, 1995
Item IV-N.I.a.
NEW BUSINESS
ITEM # 39360
COUNCIL-SPONSORED ITEMS
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Resolution to request the Congress of the United States continue funding
the Federal Impact Aid re benefit of children of military and civilian-
military personnel/famihes. (Sponsored by Mayor Meyera E. Oberndorf)
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Robert K. Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K. Parker, Vice Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay.
None
Council Members Absent:
Linwood O. Branch, III
June 13, 1995
Requested by Mayor Meyera E. Oberndorf
A RESOLUTION REQUESTING CONGRESS TO
CONTINUE FEDERAL IMPACT AID FUNDING
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WHEREAS, the United States Government has recognized, for
many decades, its role in funding educational facilities and
services for the benefit of the children of military and civilian
military personnel/families providing financial assistance to
localities in the form of Federal Impact Aid ("Impact Aid");
WHEREAS, 26,863 students in the Virginia Beach School
System are from families of active military or civilian military
personnel;
WHEREAS, in all of Hampton Roads, there are an estimated
72,238 students for which the region's municipalities receive
Impact Aid;
WHEREAS, Impact Aid to the City of Virginia Beach has
averaged over $10 million a year for the past five (5) years;
WHEREAS, Congress is now proposing to reduce or eliminate
the amount of Impact Aid to be provided to localities;
WHEREAS, the reduction or elimination of this source of
federal assistance would be unfair to localities with a large
military presence, such as Virginia Beach, who are prohibited from
imposing certain taxes on military and civilian military personnel,
but must continue to provide their children access, at no cost, to
local tax-supported educational facilities and services; and
WHEREAS, the reduction or elimination of Impact Aid would
essentially amount to an unfunded mandate.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That the Congress of the United States is hereby
requested to maintain Federal Impact Aid at its current funding
level with no change in the distribution formula; and
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BE IN FURTHER RESOLVED:
That the City Clerk is hereby directed to deliver a
certified copy of this Resolution to Senators Charles R. Robb and
John W. Warner, and to Congressmen Herbert H. Bateman, Owen B.
Pickett, and Norman Sisisky.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 13th day of June , 1995.
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CA-5982
ORDIN\NONCODE\ IMPACTAID. RES
R-1
PREPARED: 06/06/95
Item IV-N. 1. b
NEW BUSINESS
ITEM # 39361
COUNCIL-SPONSORED ITEMS
The following spoke in SUPPORT of the Ordinance:
T. Jack Bagby, 1212 Worthington Lane, Phone: 474-0470, student - Mrs. Stamm's 7th Grade Class at
Kempsville Middle School.
Aisha Dharamsi, student - Mrs. Stamm's 7th Grade Class at Kempsville Middle School
Dr. L. D. Britt, Chairman - American College of Surgeons, Committee on Trauma - Eastern Virginia
Medical/Sentara Norfolk General Hospital
Dr. Glenn Charles Snyders. 844 First Colonial Road, Phone; 491-0444, represented the Tidewater
Pediatric Society
Dennis Watson, 908 Rio Bravo Bend, Phone: 721-0449
Michael Ashe, 729 Vanderbilt Avenue
Upon motion by Council Lady Strayhorn, seconded by Councilman Harrison, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Chapter 7 of the Code of the
City of Virginia Beach by ADDING Section 7-63 re bicycle helmets.
(Sponsored by Council Members Loutsa M. Strayhorn and William W.
Harrison, Jr.)
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.
Oberndo~ Nancy IC Parker, lffce Mayor William D. Sessorns, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining.
Linwood O. Branch. III
Council Members Absent:
None
Councilman Branch ABSTAINED as he is a one-third owner ora bike rental business on the oceanfront.
This Ordinance involves bike rental businesses.
THIS ITEM WAS MOVED FORWARD PRIOR TO THE PLANNING ITEMS.
June 13, 1995
Requested by Councilmembers William W. Harrison, Jr. and
Louisa M. Strayhorn
AN ORDINANCE TO AMEND AND REORDAIN
CHAPTER 7 OF THE CODE OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, BY ADDING
SECTION 7-63 PERTAINING TO BICYCLE
HELMETS
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
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That Chapter 7 of the Code of the City of Virginia Beach,
Virginia, is hereby amended and reordained by adding a new Section
7-63 to read as follows:
Section 7-63. Helmets required for bicycle riders fourteen years
of age and younger.
(a) Every person fourteen (14) years of age or younger shall
be required to wear a protective helmet which meets the standards
promulgated by the American National Standards Institute or the
Snell Memorial Foundation whenever riding or being carried on a
bicycle on any highway, street, sidewalk or bicycle path.
(b) Any person engaged in the business of bicycle rentals
shall post, in a clear and conspicuous manner, a sign setting forth
the requirements of subsection (a) and, when renting a bicycle for
use by any person fourteen (14) years of age or younger, shall make
available, at reasonable cost, a protective helmet meeting the
standards set forth herein.
(c) Violation of any provision of this section shall be
punishable by fine of twenty-five dollars. However, with respect
to any person riding or being carried on a bicycle, such fine shall
be suspended (i) for first-time violators and (ii) for any violator
who, subsequent to the violation but prior to imposition of the
fine, purchases a helmet of the type required by this section.
(d) Pursuant to section 46.2-906.1 of the Code of Virginia,
as amended, violation of subsection (a) shall not constitute
negligence, assumption of risk, be considered in mitigation of
damages of whatever nature, be admissible in evidence, or be the
subject of comment by counsel in any action for the recovery of
damages arising out of the operation of any bicycle, nor shall
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anything in this section change any existing law, rule, or
procedure pertaininq to any civil action.
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This Ordinance shall be effective July 1, 1995.
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this
Adopted by the City Council of the City of Virginia Beach on
13 day of 3une 1995.
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CA-5957
DATA/ORDIN/PROPOSED/HELMET. ORD
MAY 31, 1995
R6
APPROVED AS TO LEGAL
SUFFICIENCY
Item IV-N.I.c
NEW BUSINESS
ITEM # 39362
COUNCIL-SPONSORED ITEMS
ADD-ON
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council AGREED TO
ADD to the Formal Session under NEW BUSINESS.
Resolution requesting the Commonwealth Transportation Board
re-designate Interstate 1-664 and Route 44 as 1-64 to the Oceanfront;
1-64 as 1-864 in Hampton to Route 44 in Norfolk; and, 1-64/1-864
Loop as the Hampton Roads Beltway (Option No. 4).
Voting: 10-0
Council Members Vottng Aye:
John A. Baum, Robert K. Dean, William Nd. Harrison, Jr., Harold
tteischober, Barbara M. Henley, Louts R. Jones, Mayor Meyera E.
Oberndorf,, Nancy K. Parker, Vice Mayor William D. Sessoms, Jr and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III
June 13, 1995
Ltem IV-N. 1. c
NEW BUSINESS
ITEM # 39363
COUNCIL-SPONSORED ITEMS
ADD -ON
Upon motion by Councilman Jones, seconded by Councilman Heischober, City Council ADOPTED:
Resolution requesting the Commonwealth Transportation Board
re-designate Interstate 1-664 and Route 44 as 1-64 to the Oceanfront;
1-64 as 1-864 in Hampton to Route 44 in Norfolk, and, 1-64/1-864
Loop as the Hampton Roads Beltway (Option No. 4).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert I~ 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
June 13, 1995
RESOLUTION REQUESTING THE COMMONWEALTH
TRANSPORTATION BOARD TO IMPLEMENT OPTION 4 OF THE TRIP
DIVERSION RECOMMENDATIONS PROPOSED BY THE HAMPTON
ROADS CROSSING STUDY
WHEREAS, the Federal Government, through the Intermodal Surface
Transportation Efficiency Act (ISTEA), provided funding to examine alternatives to the
Hampton Roads Bridge Tunnel; and
WHEREAS, these alternatives are needed because the Hampton Roads Bridge
Tunnel (HRBT) routinely carries one-hundred thousand cars a day, which is well in excess
of its capacity; and
WHEREAS, the Monitor Merrimac Memorial Bridge Tunnel (MMMBT) has
provided little alleviation of the congestion on the HRBT; and
WHEREAS, Michael Baker, Jr. Inc., has been conducting the Hampton Roads
Crossing Study for the last two years; and
WHEREAS, the Study has recommended interim reductions in congestion at the
HRBT through Trip Diversion, by long distance regional and local signing changes; and
WHEREAS, of the four resigning options included in the Study, Option 4 would
provide a near term reduction in traffic at the Hampton Roads Bridge Tunnel of at least
10% and would also provide for better utilization of the MMMBT and generally assist in
economic development of the region and, specifically, tourism.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
That, the Commonwealth Transportation Board adopt and implement, as soon as
possible, Option 4 of the Study, which would redesignate 1-664 and Route 44 as 1-64 to the
Oceanfront and would redesignate 1-64 as 1-864 from 1-664 in Hampton to Route 44 in
Norfolk and designate the 1-64/I-864 Loop as the Hampton Roads Beltway.
BE IT FURTHER RESOLVED that this option is recommended because it would
establish one interstate route number for long distance trips, redirect future long distance
trips to the Oceanfront through the MMMBT, clearly route future long distance trips to the
Outer Banks through the MMMBT, establish the proposed Hampton Roads Beltway as an
interstate system, and perhaps, most importantly, divert regional and local trips during
congested periods at the HRBT.
BE IT FURTHER RESOLVED that Secretary of Transportation Martinez and the
General Assembly Delegation from the area be provided with a copy of this resolution and
that they support the implementation of Option 4 by Labor Day 1995.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
13 dayof June
,1995.
Requested by Councilmembers Louis Jones and Harold Heischoeber
- 57 -
Item IY-N.I.d
NEW BUSINESS
ITEM # 39364
COUNCIL-SPONSORED ITEMS
ADD -ON
Vice Mayor Sessoms distributed information relative City Council Appointees and will have additional
information concerning a Market Survey Report, which compares the City's Appointees with others across
the Country. Vice Mayor Sessoms advised a SPECIAL FORMAL/EXECUTIVE SESSION of the
VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, City Hall Building, on
Tuesday, June 20, 1995, at 4:00 P.M., re Annual Evaluation of City Council Appointees.
June 13, 1995
- 58 -
Item IV-O.
ADJOURNMENT
ITEM # 39365
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 4:35 P.M..
Hooks, CMC
Chief Deputy City Clerk
~ CMC/AAE
City Clerk
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
June 13, 1995