HomeMy WebLinkAboutNOVEMBER 27, 2001 MINUTESCi
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MAYOR WILLIAM D SESSOMS. IR., At-Large
LINWOOD O. BRANCH, 111, Beach - District 6
MARGARET L EURE, Centervdle - District 1
WILLIAM W HARRISON, JR, Lynnimven - District $
BARBARA M HENLEY, Pnncess Anne - District 7
LOUIS R JONES, Bayside - D,stnct 4
REBA S McCLANAN, Rose Hall - Dmnct 3
ROBERT C MANDIGO, JR., Kempsvdle - District 2
NANCY K PARKER, At-Large
ROSEMARY WILSON, At-Large
K SPORE, City Manager
LESLIE L, LILLEE C~ry Attorney
RLf'fH HODGES-SMITH, MMC, City Clerk
of Vir inia Beach
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH. VIRGINIA 23456-9005
PHONE (757) 427-4304
FAX (757) 426-5669
EMAIL. Ctycncl@ ctry vtrgtnla.beach.va us
November 27, 2001
I. CITY COUNCIL PRESENTATION
- Conference Room-
1:30 PM
A.
PERFORMING ARTS THEATRE - SITE ANALYSIS
Duncan Webb and Ehssa Getto, Theatre Project Consultants
II. CITY MANAGER'S BRIEFINGS
Ao
B
TIDEWATER COMMUNITY COLLEGE EXPANSION
James K. Spore, C~ty Manager
KEMPSVILLEfPRINCESS ANNE/WITCHDUCK ROADS INTERSECTION
John W. Herzke, City Engineer, Department of Public Works
TOWN CENTER TERM SHEET
James K. Spore, C~ty Manager
llI. REVIEW OF AGENDA ITEMS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room-
4:30 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. ROLL CALL OF CITY COLrNCIL
C. RECESS TO CLOSED SESSION
VI. FORMAL SESSION - Council Chamber- 6:00 PM
Citizens may register to address City Council for a limited time on any ttem on the
Formal Council Agenda Speakers may register tmmedtately prtor to
the meettng or, tn advance, by calhng the City Clerk's Office at 42 7-4303
A. CALL TO ORDER- Mayor Meyera E. Oberndorf
B. INVOCATION:
Reverend Angelito Samson
Pnncess Anne Plaza United Methodist Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
o
INFORMAL & FORMAL SESSIONS
INFORMAL & FORMAL SESSIONS
November 06, 2001
November 13, 2001
G. AGENDA FOR FORMAL SESSION
The Consent ~4genda wtll be determtned durtng the Agenda Review Session and constdered
tn the ordtnary course of bustness by Ctty Counctl to be enacted by one motion.
H MAYOR'S PRESENTATION
1. Dr. Hiroyuki Hamada, Japan Education Culture Center, Inc.
2. DAI NIPPON BUTOKU KAI and ECKA contribution to Virginia Beach Rescue Squad
I. PUBLIC HEARINGS
1. AGRICULTURAL RESERVE PROGRAM (ARP)- District 7 - Princess Anne
34.56 Acres - 629 Princess Anne Road
2. REDISTRICTING - (Reapportionment) City Council and School Board Districts
J. ORDINANCESfRESOLUTION
o
Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP)
easements and the issuance of its contract obligations:
(DISTRICT 7 - PRINCESS ANNE)
a. Thomas G. and Rebecca D. Allen 34.56 Acres $129,582.
Installment Purchase Agreement No. 2001- 42
.
Ordinance to establish the boundaries, names and numbers of the C~ty of Virginia Beach's
seven residence districts according to City Code § 24.2-304.2, which provides that localities
must reapportion local election districts after each decennial census; and, City Charter §
3.01 which provides that the city shall be divided into seven residence districts of
approximately equal population.
.
Ordinance to AMEND the City Code by ADDING § 2-23 re City Council and School Board
Elections taking place on the first Tuesday in November, beginning in November 2002.
(Sponsored by Mayor Meyera Obemdorf)
.
Ordinance to ACCEPT a $70,676 grant from the U. S. Department of Justice and
APPROPRIATE $65,835 to the FY 2001-02 operating budget of the Police Department and
$4,841 to the FY 2001-02 operating budget of the Sheriff's Department re purchase of
bulletproof vests; and, estimated revenue from the federal government be increased
accordingly.
.
Ordinance to TRANSFER $184,053 from the Police Department' s FY 2001-2002 operating
budget to the Fire Department' s FY 2001-2002 operating budget re funding for s~x additional
full-time fir, fighters for the Hazardous Materials Team.
.
Ordinance to TRANSFER $3,730 from the General Fund Reserve for Contingencies to the
Water and Sewer Fund for the costs associated with the construction of the Greater Hampton
Roads, "St. Jude Dream House," at Largo Mar as a charitable gift to St. Jude Children's
Research Hospital. (Sponsored by Vice Mayor William Sessoms, Jr.)
.
Ordinances to authorize temporary encroachments into city-owned property at Crab
Creek:
(DISTRICT 5 - LYNNHAVEN)
a.
Into the fight-of-way known as Lynnhaven Promenade to Amanda Smith at 2088
Tazewell Road re constructing and maintmmng a wooden p~er and dredgmg
bo
Into the right-of-ways known as Piedmont Circle and Lynnhaven Promenade to John
P. Madden and Linda G. Gieason at 2090 Tazewell Road re construction and
mmntaining a wooden pier, boat lift, mooring piles and dredging
.
Resolution to support and endorse regional effort to attract a National Basketball
Association (NBA) league team to the Hampton Roads region and encourage our citizens
and business community to do likewise.. (Removed from 11/13/01 agenda)
(Sponsored by Council Lady Wilson)
K. PLANNING
RECONSIDERATION: PAUL C. LOWN for a Col!..ditional Us.e Pe.rrr~i~; re a residential
multiple family dwelhng (3 units) on Lot 10, Block C, Lynnhaven Beach, on Urchin Road
and Ocean Avenue, containing 7,500 square feet.
(DISTRICT 5 - LYNNHAVEN)
Lost to negative vote:
Staff Recommendation:
Planning Commission Recommendation:
October 2, 2001
APPROVAL
DENIAL
.
.
.
.
.
,
Application for a MODIFICATION OF CONDITION NO. 1 on the June 8, 1999
approved Conditional Use Permit for LONDON BRIDGE BAPTIST CHURCH re church
addition at 2460 Potters Road, containing 25.435 acres.
(DISTRICT 6 - BEACH)
Recommendation:
APPROVAL
Petitions of UNITED JEWISH FEDERATION OF TIDEWATER for the discontinuance,
closure and abandonment of:
(DISTRICT 2 - KEMPSVILLE)
a. Katie Brown Drive north of Morris Avenue, containing 36,341 square feet
b. Morris Avenue south of Katie Brown Drive, containing 29,544 square feet
Recommendation:
APPROVAL
Application of CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA BEACH for
a Conditional Use Permit for church services and church related activities at the southeast
comer of Holland Road and Stoneshore Drive (3420 Holland Road), containing 1.363 acres
(DISTRICT 3 - ROSE HALL)
Recommendation:
APPROVAL
Application of AVIS RENT-A-CAR SYSTEM, INC. - ANNE LO MONACO for a
Conditional Use Permit for motor vehicle rentals at the northwest comer of Rosemont Road
and Virginia Beach Boulevard (3664 Virginia Beach Boulevard), containing 18,295.2 square
feet
(DISTRICT 5 - LYNNHAVEN)
Recommendation:
APPROVAL
Application of OCEAN BAY VENTURES, L.L.C., a Virginia Limited Liability
Corporation, for a Change of Zoning District Classification from I-1 Light Industrial and
R-5D Residential Duplex Districts to Conditional A-24 Apartment District on the northwest
comer of the Norfolk & Southern Railroad right-of-way and Cypress Avenue, containing
2.89 acres
(DISTRICT 6 - BEACH)
Deferred:
StaftRecommendation:
October 2, 200 l and October 23, 2001
DEFFERAL
Application of ALICIA A. MAHAR for a Change of Zoning District Classification from
R-20 Residential District to Conditional AG-2 Agri.'cultural District on the north side of
Princess Anne Road, west of Newstead Drive (2186 Princess Anne Road), containing 1.633
acres
(DISTRICT 7 - PRINCESS ANNE)
Recommendation:
APPROVAL
Ordinance to AMEND {}502 of the City Zoning Ordinance (CZO), reducing rear and side
yard setback requirements for certain accessory structures in all residential zoning districts,
increasing rear yard setback requirements for duplex and semidetached dwellings in
R-5R Residential Districts, establishing a maximum limitation on impervious surface
coverage for single-family, duplex and semidetached dwellings in the R-5R Residential
District and, including garages in the determination of floor area ratio for duplex and
semidetached dwellings in R-5R Residential District.
Recommendation: APPROVAL
.
Ordinance to establish Transition Rules for amendments to the R-5R Residential Zoning
Districts and for accessory structures in ALL Residential Zoning Districts
Recommendation:
APPROVAL
Lo
APPOINTMENTS
BOARD OF ZONING APPEALS
COMMUNITY SERVICES BOARD (CSB)
HISTORICAL REVIEW BOARD
PLANNING COMMISSION
PRINCESS ANNE BALLFIELDS RELOCATION ADVISORY COMMITTEE
VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC)
M. UNFINISHED BUSINESS
No
NEW BUSINESS
lo
The Abstract of Votes as recorded by the General Registrar, from the November 6, 2001
GENERAL ELECTION, ts on file wtth the Ctty Clerk.
O. ADJOURNMENT
CITY COUNCIL SESSIONS
(December 2001)
December 04 -
December 11 -
December 18 -
Administrative Only
Administrative & Planning
Administrative & Planning
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)
11/16/01BAP
AGENDA\I 1-27-01.PLN
www.virginia-beach.va, us
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virg~ma Beach, V~rg~ma
November 27, 2001
Mayor Meyera E Oberndorf called to order the C I T Y COUNCIL PRESENTA TION re PERFORMING
ARTS THEATRE - SITE ANAL YSIS m the Czty Councd Conference Room, Ctty tlall Budding, on
Tuesday, October 9, 2001, at 1 '30 P M
Councd Members Present
Llnwood 0 Branch, IIL Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf Nancy K Parker, Vtce Mayor l/Vdhams D Sessoms, Jr and
Rosemary IVtlson
Councd Members Absent
}Vdbam V~ Harrtson, Jr [Entered 1 45 P MI
-2-
C I T Y CO UNCIL PRESENTATION
PERFORMING AR TS THEATRE- SITE ANAL YSIS
1:30 P.M.
ITEM # 48944
Martha J Sims, Dtrector of Pubhc Ltbrartes and Chatr- Performing Arts Theater Steering Committee,
advtsed on October 9, 2000, Phase I of the Needs Assessment Study of a Performing Arts Theater was
presented Ctty Counctl on October 9, 2001 Ctty Counctl authortzed Theatre Projects Consultants and
Webb Management Services to move forward wtth Phase II of the study operatmg pro forma, alternate
stte analysts, detaded constructton cost analysts, fund ratstng analysts, and, the contmumg study of the
Town Center stte The sttes were narrowed to the Town Center and along the 19tn Street Corridor The City
has made substanttal tnvestment tn these two areas and the theatre had already been tdenttfied as bemg a
slgntficant compltment to these two mvestments No other sttes came forward wtth the same potenttal as
these Mrs Stms mtroduced Ehssa 0 Getto , Sentor Consultant - Theatre Projects Consultants, and Duncan
M Webb, Prestdent- Webb Management Servtces Ms Getto stated the recommendattons of Phase I
1,000- 1,200- seat Pavilion replacement
300-500-seat multi-purpose community venue
2,500-3,500-seat commercial venue at beach front
Additional support for local arts organizations
Alternate site analysis.
Phase H Scope
Alternate site analysis
Construction cost analysis
Operating pro forma
Alternate funding options
Clarification of building program
The consultants were requested to evaluate the 19tn Street Corridor and the Town Center stte
Site Analysis Methodology
Project impacts and benefits
Development of site analysis criteria
Further review of Town Center site
In-depth review of 19th Street Corridor
Interviews
Web Site
Mrs Getto advtsed the site analysis was predtcated on the followmg space program presented tn Phase I:
RECOMMENDED SPA CE PROGRAM
1,200-SEAT FACILITY
Rm # Name Net SF
G ross
SF
100 Pubhc Spaces 15,155
200 Performance Spaces 20,802
300 Stage Support 3,500
400 Performer Support 4,650
500 Rehearsal Space 2,640
600 Ad m~mstrabon 4,120
700 Services 1,450
TOTAL PROGRAMMED AREA 52,317
nsf
Non-programmed Areas
Circulat~on 0
Mechamcal and Electrical 0
Inaccessible 0
Total Net Area
Total Gross Area (times 1.6)
52,317
83,707
59,848
gsf
12,556
8,371
2,930
83,705
November 13, 2001
-3-
C I T Y COUNCIL PRESENTATION
PERFORMING ARTS THEATRE- SITE ANAL YSIS
ITEM #48944 (Continued)
What makes a good site?
Destination
Functtonahty
Dynamtcs
Site Analysis - Criteria
Locatton
Access and traffic
Content and amentttes
Parktng
Fit
Condittons wtth cost impact
Acqutsltton and schedule
Mrs Getto dtsplayed, with the utthzatton of Power Point, the locatton of the Town Center (off of I-264 tn
the geographic heart of Vtrgtnia Beach) and 19tn Street Corridor (at the end ofi-264, approximately 7 blocks
from the Beachfront and tn the same area as the pre-extsttng Pavlhon)
As tndtcated, relattve traffic and access tnto the Town Center site, the area ts readdy accessible to 1-264 and
from a variety of streets tncludtng Vtrgtnta Beach Boulevard and Independence Boulevard As tndtcated by
the "red arrows" deptcted on the stte, there would be a vartety of opttons to entertng the Town Center
development Detads of drop off wouM be developed wtth the actual destgn of the buddmgs wtth selected
area archttects, but the consultants have lndtcated, to avotd crossing streets, the stdewalk should be to the
tmmedtate right so the patrons and chddren dropped off wouM not have to cross the road It shouM be
noted that the area, wtthout the Town Center development, wouM be far more pedestrtan frtendly than the
major roads surroundtng the stte
In evaluattng the 19tn Street Corridor, the Consultants were tnformed there was one parcel of land rea&ly
avadable as a potential theatre stte, the Birdneck stte The Birdneck Site was determmed not to be an
approprtate site for the theatre
The planned scenergyfor the 19t~ Street Corridor ts from the Conventton Center east The Birdneck Site ts
located to the west of the Convention Center stte opposite the energy stream and bordered to the west and
north by roads Dtrectly to the north, across the Street, are restdenttal apartments and a McDonalds To the
tmmedtate east ts the Gibson Building Located on the corner lot, access wouM be somewhat hmtted to
etther Birdneck or 19~n Street
Although a theatre couM be placed on the site, the Birdneck locatton ts awkward from the standpotnt of
vtstbthty The current Pavilion theater and the Convention Center have the advantage of betng an tcon
easdy and readdy Menttfiable from the Highway Thts stte cannot be seen from the htghway and ts not
lmmedtately surrounded by amentttes However, the stte tndtcated tn "blue" ts tn the energy fieM east of
the Conventton Center and at the end ofi-264 It would be dtrectly adjacent to the Conventton Center and
wdl be mcluded as part of the SOM Master Plan It wouM also be htghly vtstble to traffic at the corner of
Parks Avenue and 21st Street Therefore, the rematntng crtterta wdl compare the Town Center stte to thts
one, referred to as Parks Avenue Site The land ts not currently avadable, except tn concept The traffic
comes largely from the endpomt ofi-264 and 19th Street The stte ts readily acceptable from vartous roads
and at thts juncture and ttme appears not to be as congested as the Town Center stte However, gtven the
Master Plan for the 19tn Street Corrtdor has not been presented at this ttme, future traffic concerns are not
known The stte ts htghly vtstble to traffic and would be readdy tdenttfiable by car
November 27, 2001
-4-
C I T Y COUNCIL PRESENTATION
PERFORMING ARTS THEATRE- SITE ANAL YSIS
ITEM #48944 (Continued)
Deptcttons of the context and amenities of the Town Center site and 19tn Street Corridor were dtsplayed
£ocatton, not avadablhty or restrtcttons on use, and restdenttal component have not been deptcted relattve
the parkmg concernmg Town Center Theatre Projects Consultants recommends parkmg~for a maximum
of 800 cars for a theater
of 1200 seats
Parktng at the 19tn Street Corrtdor ts tndtcated by the parktng tn the Master Plan for the Conventton Center
It ts the understanding the Conventton Center wtll requtre 3, 000 spaces. The number avadable for use by
a potential theater cannot be commented on at present
Prehmtnary sketches of the Ftt Plan relattve the Town Center and 19th Street Corridor were dtsplayed
Conditions Cost Impact
Noise abatement Resolutton of the jet traffic norse of the 19th Street Corridor Site wdl
result tn stgntficant expendtture The tssue ts to keep jet norse out, but it ts difficult because
the buddmg has numerous openmgs and joints The most vulnerable areas are the stage and
the audtence chamber Sohd concrete is preferred Stdl masonry ts acceptable, provlded the
enttre budding envelope ts properly sealed Double vault constructton wdl probably be
requtred The dtfference between a concrete and steel system ts not known at thts ttme and
may vary accordmg to the constructton market and regtonal factors Fhght towers requtre
spectal smoke exhaust hatches Hatches cannot keep out jet norse A more expenstve
mechamcal system wdl be requtred TrtpIe glazed wtndows may be requtred tn some
locations The audttortum space will requtre a double membrane ceding roof The cost of
thts second membrane may vary according to the archttectural destgn Any cost cutting
directly related to the abatement wdl dtrectly tmpact the acousttc quahty of the performing
space A safe and conservattve esttmate wouM be an addtttonal $100 per square foot of
constructton cost for above ground sound barrters If sound msulatton ts requtred below
ground, thts figure could easily be tncreased
High water table These concerns were apphcable to both sites Requtrements for the
theatre will be based on spaces, such as the trap room and orchestra pit
On site parking/parking agreements The Town Center has no devoted parktng spaces
Arrangements must be made for usage At the 19th Street Corrtdor It ts not known about the
avatlabthty of Conventton Center parkmg, or whether a parkmg garage wdl be necessary
Landscaping Mtght result tn a cost impact on the 19tn Street Corridor or the Town Center,
tf addtttonal landscapmg ts requtred
Architectural statement On the plus stde relative the 19th Street Corrtdor, a theatre factng
the htghway couM make a strong archttectural statement
The Parks Avenue site, if available, wouM be suttable, however, the land ts not avadable as of thts date and
in dtscusstons wtth the City staff, mtght requtre a mmtmum of 1-~ years to acqutre thts land or any other
land pr~vately held for use as a theatre stte.
Mr Webb ctted the vartous tmpacts of the 19tn Street Corridor and the Town Center
Economic Impact
19th Street Corrtdor Town Center
Support of Conventton Center Impact on Town Center development
Anchor tn corrtdor development Support for creatton ora Central Commerctal
Dtstrtct
Support of tourtsm development Support for retad, restaurants and restdenttal
Pavthon htstory as economic mdtcator Short term support for attractmg tenants
November 27, 2001
-5-
C I T Y CO UNCIL PRESENTATION
PERFORMING AR TS THEATRE - SITE ANAL YSIS
ITEM g48944 (Continued)
Impact- Community
19th Street Corrtdor Town Center
Development of beach area Development of CBD, focalpoint for Ctty
Support of Vtrgtnta Beach as a conventton center Support for commumty ortented proict
Pubhc/prtvate sector
Impact - Development Partnerships
19tn Street Corridor Town Center
Pubhc sector drtve
Private sector drtven
Phase I progress
Phase H commttment
Potenttal role for prtvate developer Role for pubhc sector
Quahty expectaaons Quahty expectattons
Sponsor/partnershtp opportuntttes on an ongotng
basts
Funding Construction and Operation
19tn Street Corridor Town Center
Not part of Conventton Center fundtng Condomtmum approach wtthtn larger
package development
TIF fundtng potenttal TIF fundtng potenttal
Tourtsm tndustry potenttal Private phdanthropy
Key Advantages Comparison
19t* Street Corridor Town Center
Support of Conventton Center Support of Town Center project and concept
Anchor tn future development Commumty ortented theatre tn commumty
oriented locatton
Support of tourism Regtonal access
Ms Getto ctted the Recommendattons
Town Center is the recommended site.
19tn Street Corridor recommendations
500-seat theatre
2,500-3,000-seat commercial venue
Future considerations- Town Center site
Theatre Project Consultants ts aware the average occupancy ts approximately 561for performances at the
Pavdton theatre, however, this ts wetghted down by small presenters and does not take tnto account the
tncreased opportuntttes of outstde promoters gtven a shghtly larger 1200-seat theatre As a promoter, it is
always the last two rows tn a theatre that represent the profit margtn There wdl be three reports to follow
Last of December, early January and the mtddle o f January
November 27, 2001
-6-
CITYMANAGER'S BRIEFING
KEMPSVILLE/PRINCESS ANNE/WITCHD UCK ROADS INTERSECTION
2:30 P.M.
ITEM #48945
John Herzke, Ctty Engineer, advtsed the Ctty re-tntroduced tmprovements to thts tntersectton
(Kempsville/Princess Anne/Witchduck Roads) tn Ftscal Year 1998-1999, CIP #2-048. The Ctty Counctl,
by resolutton, requested that VDOT program a project to study tmprovement opttons and complete destgn
of the preferred optton Ktmley-Horn and Assoclates was selected to conduct a feastblhty study, mcludlng
a traffic evaluatton, alternattve analysts and facdttatton of a Ctttzen Advisory Commtttee, tn order to
develop recommendattons for improvement to the tntersectton Mr Herzke requested Councilman Mandtgo
serve as the Chart for thts Cttlzens Advtsory Commtttee
Counctlman Mandtgo tntroduced members of the Citizens Advisory Committee tn attendance Earl Stanton,
Louts McKtnney, Krtsty Svedburg, Laurte Bonney, James Stocks, Martt Womble, Reverend John Baldwm,
and Btll Cart Gerrt Tata, School Board Member, was also requested to be a member of the Commtttee, due
to the tssue of the Kemps Landing Magnet School Chatrman Dan Edwards - School Board has requested
the Commtttee reacttvate the Council/School Board Review Committee of School property acquisition and
disposition The school dtvtston owns the property of the Kemps Landmg School and the ballfields across
the street However, the ballfields are leased to the Kempsvtlle Pony Baseball The budget of $970, OOO for
tmprovements tn the next fiscal year had been planned for renovatton to office spaces of this Kemps Landing
Building One of the ttems dtscussed was the posstbthty of giving the schools the funds recetved from the
State from stte acqutsttton of the Kemps Landing School, for them to use for stte acqutsttton tn another
location Counctlman Mandlgo advtsed them he couM not make any commttment
Wtlltam Nash, Ktmley-Horn andAssoctates, Inc advlsed a Ctttzens Informatton Meettng has' been scheduled
for January 9, 2001, at Kempsvtlle Htgh School Coptes of the exhtbits were dlstrtbuted to Ctty Counctl and
are hereby made apart of the record The Ctttzen Informatton brochure wtll be dtstrtbuted at the Ctttzens
Informatton Meettng A Ctttzens Advtsory Commtttee was developed to gatn consensus and create advocates
to dtstrtbute the tnformatton to thetr representattve groups The Commtttee ts anttctpattng a Ctty Council
and Commonwealth Transportatton Board Resolutton tn the Summer of 2003 There have been etght (8)
Ctttzens Advtsory Meettngs commencmg tn March, as well as numerous other meettngs wtth the vartous
representattves
Mission Statement
The mtsston of the Prtncess Anne Road/Kempsvtlle Road/Wttchduck Road Intersectton
Ctttzens Advtsory Commtttee (PAK-CAC) ts to butM consensus for transportatton
tmprovements to the Prtncess Anne Road/Kempsvdle Road/Wttchduck Road tntersectton
The goal for the PAK-CAC ts to advtse representattves from the Vlrgtnta Department of
Transportatton and the Ctty of Vtrgtnta Beach on apreferred alternattve for constderatton,
meettng the overall pubhc needs to provtde enhanced traffic capactty for the lntersectton
Thts preferred alternattve shouM also tncorporate the safety, tntegrtty, and overall quahty
of hfe of the ctttzens that use thts tntersectton whtle matntatntng the beauttficatton of the
surroundtng area and preservtng extsttng htstortc landmarks"
The Citizen Advisory Committee Process
Introductton- Mtsston Statement/Blank Sheet
Traffic Analysts - "Traffic 101"
Alternate Development
Envtronmental Documentation Process
Constructabthty Revtew
Alternate Refinement
Rtght-of- Way Acqutsttton
Alternate Evaluatton
From thts process twelve (12) alternates were developed These alternates were reduced to three (3) wtth
a more detatled evaluatton One (1) alternattve was revtsed and four (4) alternattves are now apart ofthts
presentatton
November 27, 2001
_
CITY MANA GER 'S BRIEFING
KEMPS VILLE/PRINCESS ANNE/WITCHD UCK ROADS INTERSECTION
ITEM tbi8945 (Continued)
Wdham F Mackey , Jr, P C - ProJect Manager - Ktmley-Horn and Assoctates, Inc Referenced the Four
(4) Alternates
A - Intersection constructed "at-grade" in existing location
B- Intersection constructed "at-grade" south of existing intersection
C- Intersection constructed "grade-separated" south of intersection with Kempsville
Road bridging Princess Anne Road
D - Intersection constructed "grade-separated" south of intersection with Princess Anne
Road bridging Kempsville Road
Mr Mackey advtsed the extsttng traffic condtttons were analyzed on a model wtth projecttons through the
year 2026 The extsttng level of servtces today is Level F and the delay ts 81 seconds per vehtcle during the
PM Peak Hour The At-grade tntersectlon ratses the level of service to D in the year 2026 (42 seconds per
vehtcle delay) The grade separated tntersectton ratses the level of servtce to C (close to B) tn the year 2026
~22 seconds Iger vehtcle delay)
- . ,
Impact and Cost Matrix
Princess Anne Road/Kempsvtle Road/Witchduck Road Intersection
AL TERNA TE
ELEMENTS A B C D
Rtght of Way
Restdences 9 I 1 6
Commercial Buddmgs 26 29 34 30
Community Buddtngs 1 4 4 2
Property Impacted 59 34 49 43
CONSTRUCTION TIME (months) 36 24 42 42
TRAFFIC OPERATION (LOS) D D C+ C+
COSTS (tn 2001 Dollars)
Construcaon $12,300,000 $11,900,000 $23,100,000 $23,100,000
Rtght of Way $17,000,000 $27,000,000 $28,500,000 $28,500,000
UtdztyRelocatton $ 1,460,000 $ 905,000 $ 1,120,000 $ 920,000
TOTAL $30, 760,000 $39,805,000 $52, 720,000 $52,520,000
Counctl Members Jones and Harrison referenced starttng at Bonney Road and runmng south, the road
frontage is betng taken from a number of parcels Mr. Mackey advtsed these properttes wouM be handled
through the normal means of VDOTprocurement The properttes to the west of the new ahgnment wouM not
be purchased Councdman Jones advtsed thts major road frontage wouM impact these properttes Mr
Mackey advtsed there are secondary tmpacts evaluated by VDOT through the rtght-of-way acqutsttlon
process Access to those properttes wouM be matntained off of Wttchduck Road Mr Herzke advtsed Leo
Rutledge from VDOT, has remmded htm the Ctty is obhgated to provlde these businesses access If Feeder
Road access ts provtded, thts damages thetr bustnesses. It ts not comparable to thetr present access
Mayor Oberndorf nottced Arrowhead and Carolanne Farm were not represented on the CAC, however
people do come through Carolanne Farm as a cut-through WouM thts project give thts subdtvtston reheJv
Councdman Mandtgo advtsed these dtfferent alternattves solve the traffic congestton problem at the
tntersectton, so that the cut through traffic wdl be reduced slgmficantly Councdman Branch was advtsed
every alternative (B), (C) and (D) all use Wttchduck Road by the same ahgnment Alternate A does not
because tt ts tn its extsttng locatton. B, C and D have been moved to the East, however, thts ts early tn the
process and each of the alternates wdl be "tweaked" throughout the destgn process
Councilman Mandtgo advised the consensus from the CAC was Alternate A, affected too manyparttes, and
wouM not be feastble Pubhc comment ts necessary Councd Lady Wdson advised the School system ts tn
desperate need of office space It was dectded the Kemps Landtng School shouM be utthzed for office space
If thts area ts taken, funds from the State need to be gtven to acquire office space elsewhere
Mayor Oberndorf wtshed the long standtng netghborhoods be enhanced and not adversely impacted The
City Manager has requested the Planmng Staff work closely wtth Pubhc Works, the Consultant and the State
relattve land use compattbthttes
November 27, 2001
Cit ' en Information Meeting
Intersection
Improvements at
Princess Anne
Road and
Kempsville/
Witchduck Roads
IF/est of intersection on Pnncess Anne Road looktng East
Project' 0165-134-107,PE-101, RW/-201, C-50!
ICed. Project LD. #STP-5403 (593)
January 9, 2002
4:00-7:00 PM
Kempsville High School
5 !94 Chief Trail
I/irginia Beach, Virginia 23464
3 outh of tntersectwn on Kempsvdle Road looletng South
Project Background
During the late 1980's, the Princess Anne Road/Kempsvllle Road/Witchduck Road Intersection
was programmed for improvement in the City of Virginia Beach's Capital Improvement
Program (C.I.R). A traffic study, and conceptual plans were developed and presented to the
c~tizens and City Council. These concepts were presented at a public hearing held on March
25, 1987. Due to considerable opposition to those concepts, no further action was taken at
that time and the intersection improvement project was removed from the C.I.R and not
considered for over a decade.
The C~ty of Virginia Beach re-~ntroduced improvements to th~s intersection into the City C.[.P
Cit ' en InformatiOn Meeting
Intersection
Improvements at
Princess Anne
Road aaa'
Kempsville/
Witchduck Roads
Project: 0165-134-107,PE-101, RW/-201, C-50!
ICed Project LD. #STP-5403 (593)
January 9, 2002
4:00-7:00 PM
Kempsville High School
5 !94 Chief Trail
Virginia Beach, Virginia 23464
W/est of mtersect~on on Pnncess Anne Road looking East
3 outh of tntersectwn on Kempsvdle Road looktng South
Introduction
The Virginia Department of Transportation (VDOT) and the City of Virginia Beach welcomes you to the
Citizen Information Meeting for the Princess Anne Road (Route 165)/Kempsville Road/Witchduck Road
~[ntersect~on Improvement project. The purpose of this C~t~zen Information Meeting is to provide the
public or any person, acting on his/her own behalf or representing a group or governing body, an
opportunity to offer comments or submit written mater~al concerning alternate intersection ~mprovement
options. Representatives from VDOT, the C~ty of Virginia Beach, the design consultants, as well as
members of the Citizen Advisory Committee, are present to discuss the project and answer your
questions.
We welcome your written comments, which may be provided on the comment sheet. Comment sheets are
available in the reception and project presentation areas for your use.
Project Location
Project
Location
The Princess Anne Road/Kempsville
Road/Witchduck Road Intersection I~es within
the City of Virginia Beach approximately one
mile south of the ~[-264/Witchduck Road
interchange. This juncture of these two
arterial roads provides interstate access to
the Kempsville area of the city via Witchduck
Road, provides passage through the area, and
accommodates access to businesses,
institutions, and residences in the area. ]~n the
past th~s crossroads was the center for
Princess Anne County government and the
Town of Kempsville.
On Princess Anne Road in the eastbound
direction, there is currently one through lane,
one shared right/through-lane, and one left-
turn lane. in the westbound direction, there
are two through-lanes, and a right and left-
turn lane approaching the intersection. Heading southbound on Witchduck Road and northbound on
Kempsv~lle Road, there are two through lanes and a left-turn lane, as well as a channelized right turn
lane ~n each d~rection. This intersection currently does not have the capacity required to handle the
existing traffic (LOS F--). Because of the inadequacy of the intersection geometry, traffic congestion
~s being experienced within this intersection and surrounding roadways.
Project Background
During the late 1980's, the Princess Anne Road/Kempsville Road/Witchduck Road Intersection
was programmed for ~mprovement in the City of V~rg~n~a Beach's Capital improvement
Program (C.]~.R). A traffic study, and conceptual plans were developed and presented to the
citizens and C~ty Council. These concepts were presented at a public hearing held on March
25, 1987. Due to considerable opposition to those concepts, no further action was taken at
that time and the ~ntersection ~mprovement project was removed from the C.[.R and not
considered for over a decade.
The City of V~rgin~a Beach re-~ntroduced improvements to th~s intersection ~nto the City C.[.P
in Fiscal Year 1998-1999, C]~P #2-048. The C~ty Council, by resolution, requested that
VDOT program a project to study improvement options, and complete design of the preferred
option. Kimley-Horn and Associates was selected to conduct a feasibility study, including a
traffic evaluation, alternative analys~s and facilitation of a Citizen Advisory Committee, in
order to develop recommendations for improvement to the ~ntersection.
Citizen Advisory Committee (CAC)
In order to obtain a user's understanding of the problems that exist at this intersection, VDOT
and C~ty staff organized a committee comprised of stakeholders that are local to the Princess
Anne Road/Kempsv~lle Road/W~tchduck Road intersection. These members include nearby
neighborhood civic leaders, church representatives, bus~ness representatives, commuters, and
representatives of nearby community resources (e.g. schools, and ballflelds). This committee
developed a mission statement "to advise representatives from the Virginia Department of
Transportation and the City of Virginia Beach on a preferred alternative for consideration
meeting the overall public needs to provide enhanced traffic capacity for the intersection. This
preferred alternative should also incorporate the safety, integrity, and overall quality of life of
the c~tizens that use this ~ntersection while maintaining the beautification of the surrounding
area and preserving existing h~storic landmarks." This committee, chaired by Council Member
Bob Mand~go, began meeting on March 14, 2001 and has conducted monthly meetings since
its inception.
Th~s committee provided insight into the problems with the intersection and its operation and
problems with neighborhood cut-through traffic. In addition, they voiced their concern for
maintaining the sense of community. Committee members were informed about the process of
plan development, traffic analysis, environmental concerns, and the r~ght of way acquisition
process. All of this information was presented to assist them in the development of viable
alternates for ~mprovements to this intersection.
Traffic Data and Design Criteria
One of the initial elements conducted in this study was the collection of existing traffic data and the analys~s
of the current intersection operations. Traffic counts on both roads were taken as well as counts of the
turning vehicles at the intersection. These volumes were then used as a base-line for projecting the traffic
volumes to the design year of 2026. These projections indicate that without any ~mprovements, the
operation of this intersection will continue to fail in the future. The PM peak hour delay is anticipated to
grow from 81.4 seconds to 183.9 seconds by 2026. This represents a 126% increase in the delay. With
this additional delay, increased congestion will be experienced within the intersection and surrounding
roadways.
The traffic on the Princess Anne Road corridor, west of the intersection ~s anticipated to grow from 29,500
average vehicles per day to 33,500 average vehicles per day by 2026. East of the ~ntersection, traffic is
projected to increase from 27,800 to 36,800. On Kempsvllle Road, the additional traffic would result in
36,900 vehicles per day, up from the existing count of 32,400 vehicles per day. Traffic on the segment of
Witchduck Road north of the intersection is anticipated to grow from 31,000 to 40,200.
In order to accommodate traffic volumes, the minimum laneage required for an at-grade intersection will be
three through-lanes, two left-turn lanes, and one right-turn lane in each direction. If a grade-separation ~s
constructed (one road bridging over the other) then the number of through-lanes could be reduced to two in
each direction since the traffic going over the other road would not have to stop.
AT ~,RADE INTERSECTION
SIX LANE SECTION
Alternative Analysis
During the CAC meetings, the c~tizens developed numerous alternates. These alternates were then modified
to provide safe alignments and adequate laneage for the projected traffic. Once the alternates had been laid-
out on the drawings, ~mpacts to adjacent properties could be identified. These alternate alignments were
then adjusted to avoid impacts to h~stoncal s~tes, and minimize impacts to other property and environmental
concerns.
Issues such as constructability and utility locations were considered ~n accounbng for the total ~mpacts of
the alternates.
The committee narrowed down the number of opbons to four, which are presented here at this meeting.
These alternates were evaluated by the committee based on right of way cons~derabons, constructability,
access, environmental ~mpacts, community concerns, and costs.
There were two types of alternates that resulted from the Citizen Advisory Committee meetings. One is an
at-grade intersection where the two roadways meet at a s~gnalized ~ntersecbon. The second type of
alternate ~nvolves a grade-separation where one road crosses the other with a bridge. With th~s type of
solution, traffic on one roadway ~s provided a free-flow movement through the ~ntersecbon and therefore,
does not have to stop. Ramps allow traffic from the higher road to access the lower road through a
signalized intersection under the bridge.
Alternates A and B represent at-grade solutions, and Alternates C and D are grade-separated options.
ALTERNATE A
Alternate A ~s an at-grade ~ntersect~on that ~s s~m~lar ~n location to the ex~st~ng ~ntersect~on On Princess Anne
Road, the w~denlng would occur to the south (to avoid a historic site on the north side of the street) I<empswlle
Road and Wltchduck Roads would generally be w~dened to the east W~th this alternate, Kemps Landing
Magnet School would not be d~splaced Additional right of way ~mpacts would occur along both corridors in
order to allow for temporary pavement to be ~nstalled This additional pavement would allow traffic to be
shifted to construct the new lanes and improvements in the location of the existing pavement
COMMENT SHEET
CITIZENS INFORMATION MEETING
Princess Anne Road/Kempsville Road/Witchduck Road Intersection Improvements
City of Virginia Beach
January 9, 2002
VDOT Project No. 0165-134-107, PE-101
Name:
Address:
City, State, Zip Code:
(Please Print)
1. Why do you use this intersection? (please circle)
Resident School Recreation Other
Commuter Business Church
2. How often do you travel through this intersection?
3 What time of day do you travel through it?
4. Do you believe this intersection is congested?
5. If so, how do you rate the congestion (e g. light, medium, heavy)?
6. Do you find other routes to avmd th~s lntersection9
7. If so, what streets do you use?
8
9.
10.
Do you live in a neighborhood that is impacted by cut-through traffic?
If so, do you believe that improvements to this intersection will reduce cut-through
traffic in your neighborhood?
In your opinion, what would improve the traffic flow at this intersection?
11.
Are you in favor of an Intersection, or a grade-separation (one road going over
another).
12. Of the four alternatives, which do you prefer9 (circle one) A B C D
Please leave this comment sheet at the designated location, or mail it to the address on the
reverse side WITHIN TEN DAYS.
ALTERNATE B
W~th th~s alternate, the ultimate location of the ~ntersect~on ~s sh~fted south approximately 600 feet Th~s w~ll
relocate Princess Anne Road to a new alignment that w~ll prowde ~mproved geometry over the ex~st~ng
alignment. The new corridor w~ll pass through a portmn of the Kemps Landing Magnet School, therefore, that
building would be removed w~th th~s option. L~ke Alternate A, th~s is an at-grade ~ntersect~on w~th a trafhc
s~gnal Constructing Princess Anne Road w~ll be eas~er and quicker since traffic could be maintained on the
ex~st~ng pavement wh~le the new pavement ~s ~nstalled ~n ~ts new location
/ // /
/ / x ./
/
..
/
/'
./
ALTERNATE C
The alignment of Alternate C is s~m~lar to Alternate B ~n that Princess Anne Road ~s sh~fted approximately 600 feet south. Th~s
option, however, takes Kempswlle Road over the proposed Princess Anne Road providing a free-flow movement for northbound
and southbound traffic This would require a raised section of Kempsv~lle Road to carry traffic over the bridge. Traffic on
Kempswlle and W~tchduck Roads bound for Princess Anne Road would utilize ramps ending at a s~gnal~zed ~ntersect~on w~th
Pnncess Anne Road to control through and turmng traffic
/
/
//
//--.
J(
ALTERNATE D
Alternate D operates ~n a similar manner to Alternate C except that Princess Anne Road bridges over Kempswlle Road. The
bridge crossing and intersection would still be relocated approximately 600 feet south of the ex~stmg intersection. In th~s
alternate, Princess Anne road would be raised so east west through-traffic would not have to stop at the intersection. In
both Alternate C and D, removing the volume of through traffic from the intersection allows the s~gnal to be timed to
operate more effimently therefore decreasing the traffic delay w~thin the ~ntersectlon.
_/
i
Project Development Process
Once the comments are received from this meeting, a preferred alternate w~ll be chosen. Design of th~s
alternate will begin and another public meeting will be scheduled when the plans are approximately 30%
complete. Public comment will be received at that point and the plans modified accordingly. The design
process will continue until the plans are approximately 70% complete and a formal Public Hearing will be
held. After all of the comments are considered, the City Council w~ll pass resolution on the preferred
alternate and, if approved, the V~rg~n~a Commonwealth Transportation Board will consider the proposed
improvements. Upon their approval, right-of-way acquisition and utility relocation w~ll begin. At the same
t~me, final plans w~ll be completed.
This is the anticipated schedule at this point in the project development:
Design Public Hearing
Begin R~ght-of-way Acquisition
Advertise for Construction
Early 2003
Summer 2003
Summer 2006
!
!
Traffic Data Collecbon , ~
I . . . . . . . . . .
Traffic Analysis
Ahgnm~t Opbons
C~zens Advisory Commdtee
Public involvement and General Public
Landscape/St raetsca pe
Opportumbes
Structural Elements
Summer 2003
City Council &
Commonwealth Transportation Board
Resoluhon
- C~bzen Involvement Meebngs
S~gnahzabon Elements
Estimated Cost
During the CAC process each alternative was considered w~th respect to community issues such as
aesthetics, access to businesses, historic resources, and emergency vehicles access. Below is a matrix
comparing the alternate's quantifiable considerations
IMPACT AND COST MATRIX
PRINCESS ANNE ROADIKEMPSVILLE ROAD/WITCHDUCK ROAD INTERSECTION
ALTERNATE
ELEMENTS A B C D
RIGHT OF WAY
Residences 9 1 I 6
Commercial Buildings 26 29 34 17
Community Bulldln~ls I 4 4 2
Propert,es Impacted 59 34 49 43
CONSTRUCTION TIME (months) 36 24 42 42
TRAFFIC OPERATION (LOS)* D D C C
COSTS (in 2001 Dollars)
Construct]on $12,300,000 $11,900,000 $23,100,000 $23,100,000
R~lht of Way $17,000,000 $27,000,000 $28,500,000 $28,500,000
Ubl~ Relocabon $1,000,000 $1,000,000 $1,000,000 $1,000,000
TO TA L $30,300,000 $39,900,000 $52,600,000 $52,600,000
* Level of Se~ce(LOS) ~s a method of anal=ng an ~nterse~on's traffic operation's traffic operation wtth LOS "A' being the best operation, and LOS 'F" being a fal~ng operat,:m, or the
worst level The ex~sl~ng level of service ~s considerably less than "F" As traffic demands increase ~t will continue to get worse
Written Comments
Comment sheets are available in this handout, the reception table, and in the project presentation areas for
you use. You may leave the comment sheet in the comment box or you may ma~l it to VDOT. Comments or
questions should be mailed to VDOT within ten days. Please ma~l your comments to the following address:
Mr. J.C. Cleveland
Hampton Roads District Administrator
Virginia Department of Transportation
1700 North Main Street
Suffolk, Virginia 23434-4.322
Questions concerning VDOT's procedures of policies of obtaining right of way should be directed to:
Mr. O.W. Will~ams
Hampton Roads District Right-of-Way and Utilities Manager
Virginia Department of Transportation
1700 North Ma~n Street
Suffolk, V~rginia 23434-4322
Phone (757) 925-2527
-8-
CITYMANAGER'S BRIEFING
TIDEWATER COMMUNITY COLLEGE EXPANSION
3:46 P.M.
ITEM #48946
The Ctty Manager dtstrtbuted an arttcle tn the Vtrgtman-Pdot November 21, 2001 entttled "Demand to
exceed space at Virginia Colleges by 2010 - ODU, TCC among those facing biggest gap between
enrollment demand and capacity" The Ctty Manager stated "The report dtd notprovtde school-by-school
figures, but tt hsted OM Dommton Untversity and Ttdewater Commumty Colleges among the schools hkely
to face the btggest gap between enrollment demand and capactty" The Ctty Manager dtstrtbuted the Pohcy
Report - Partnership to Implement Tidewater Community College Virginia Beach Campus' Strategic Plan
The Ctty and TCC have htstortcallypartnered for the development of the Vtrgmta Beach Campus Followmg
creatton of the Vtrgtnta Communtty College System tn the 1960s, TCC opened tts I/trgtnta Beach Campus
tn the Fall of 1971 In May 1996, a Memorandum of Understanding was developed and stgned that
reflected the Ctty's commttment for stte tmprovements at the TCC campus (see Appendtx B) Generally, the
ctty has provtded fundmg for land, stte preparatton (beyond five feet from butldmgs), parking lots,
constructton of outdoor hghttng and other appurtenances TCC has now completed a strategtc plan and has
further defined tts vtston for the Vtrgtma Beach Campus That plan ts summartzed tn a letter dated May 7,
2001, from the Prestdent of the College, Deborah M DtCroce (see Appendix C) Htghhghts from that letter
and related matertals were provtded by TCC and Ctty staff
The Virginia Beach Campus served 17,000 students during the 2000-2001year.
Over 40% of Virginia Beach residents enrolled in higher education in Virginia are
enrolled at TCC
The campus' growth was the greatest of TCCs four campuses and constituted 45% of the
total growth of the college.
The campus has a space deficit of 130,541 assignable square feet and will have, after the
Advanced Training Center (ATC) opens, a space deficit of more than 100,000 net
assignable square feet.
Given the continuing growth of the campus studentpopulation, the success of the OD U-
NSU Center, the city's aspirations for the academic village and commercial
development of the Princess Anne Corridor, speedy acquisition of adjacent parcels
is suggested.
Phased City support for additional TCC instructional spaces through the Capital
Improvement Budget is suggested. Support is proposed for a Sciences Building,
Workforce Development Center, Learning Resources Center expansion, Student
Center, retrofitting older buildings, and a Health Science Center, as well as several
small projects intended to support ADA, safety and storm water projects.
Appendtx D deptcts the Tidewater Community College map The Ctty's commttment for lmplementatton
of TCC's strategtc plan falls tnto two categortes, stte tmprovement and land acqulsttlon
Site Acquisition In furtherance of the Ctty's plan for the Prtncess Anne Commons and TCC's Strategtc
and Master Plans, the ctty also agrees to use tts best efforts to purchase properttes or obtatn an optton for
the properties labeled as Parcel A, Parcel B, Parcel C, Parcel E, Parcel F and Parcel G as outhned on a
map entttled Ttdewater Communtty College (dppendtx D - prepared by the Ctty's Center for GIS) The Ctty
reserves the right to exclude condemnattons as an optton The followtng table denotes the property GPIN
number, zontng class~catton and current assessment for each IgroI~erty
Property ~ GPIN Zoning Classification Assessment Value*
ParcelA & B 1485-34-9414-0000 B-2 $1,534,835
Parcel C 1485-44-2154-0000 B-2 $ 687,900
Parcel E 1485-65-6406-0000 PD-H1 $ 240, 733
Parcel F 1485-74-1738-000 R-SD $ 142, 650
Parcel G 1485-74-3285-0000 R-SD $ 636,300
$ 3,242,418
The TCC six-year capital plan represents a 6 to 1 ratto tn State tnvestment compared to Ctty tnvestment
at the Vtrgmta Beach campus (dependmg on final land costs) All fundmg commttments are subject to Ctty
Counctl approprlatton
November 27, 2001
-9-
CITYMANAGER'S BRIEFING
TIDEWATER COMMUNITY COLLEGE EXPANSION
ITEM #48946 (Continued)
The Ctty wtll provMe stte tmprovements (subJect to Ctty Councd approprtatton) The May 1996
Memorandum of Understandmg and the Term Sheet asststed wtth a major mtttattve for the Strategic Plan
of TCC The followmg table descrtbes the stte tmprovements and each party's relattve commttment
SITE IMPR 0 VEMENTS AND COMMITMENT
Project
Sctences budding (80, 000
square feeO
Workforce Development Center
wtth Defined Regtonal Ntche
(40, 000 square feeO Note thts
project would not be funded uin
the mx-year CIP, but ts
anttctpated to be funded tn the
out years of the CIP
Learmng Resource Center
Expanston (50, 000 square feet)
Student Center (30, 000 square
feet- non-general funds)
Regtonal Health Sctence Center
(65, 000 square feet -Phase 0
Regtonal Health Science Center
(40, 000 square feet- Phase II)
Retrofitttng Stx Oldest
Bulldtngs (114, 000 square feet)
Completton of Rtng Rod
currently budgeted tn CIP
Brtdge Connecttng A TC to
West &de of Campus
(ADA Access)
Thtnntng woodland area
between Advance Technology
Center (A TC) and OD U/NSU
Eroston Control-Storm Water
Retentton Pond
TCC Costs of Butldings
$ 17,218,000
$ 6,184,000
$ 7,512,000
$ 5, 790,000
$ 13,652, 000
$ 8,642, 000
$ 14,081,000
Vtrgtnta Beach Costs for Stte
Improvements
$ 1,545, 000
$ 1,800,000
$ 588,000
$ 1,504000
$ 800,000
$ 750,000
$ 1,165,000
$ 24~000
$ 104000
$ 16o, ooo
TOTAL COSTS $ 73,079,000 $ 8,657,000
The City Manager advtsed the total project wouM be approxtmately $85 to $90-MILLION This would entail
a 6 to 9-yearprocess Interestedparttes wtll be able to provtde comment during the Ctty Council Sesston
of December 4, 2001 A resolutton endorsmg the TCC/Ctty partnershtp and the Term Sheet descrtbmg each
party's responstbdtttes couM be scheduled for the Ctty Councd Sesston of December 11 or 18, 2001, City
Counctl Sesston The Ttdewater Communtty College Board ts currently meeting and constdering the
Resolutton endorsing concepts of the Strategtc and Master Plans
TCC ts relattvely a commuttng campus Concerntng a pedestrian cross-over, the City ts worktng wtth TCC
to determme a locatton for a cross-over connectton Approxtmately $500,000 of reversion funds has been
set astde by the School Board for purposes of destgn and plannmg Thts ts a major structure Coptes of the
detatled map deptcttng all the parcels relattve Ttdewater Communtty College wtll be provtded The strategtc
plan was suggested as a toptc for the City Page
November 27, 2001
-IO-
CITY MANA GER 'S BRIEFING
TO WN CENTER TERM SHEET
4:58 P.M.
ITEM g4894 7
The Ctty Manager dtstrtbuted a copy of the Revised Master Plan of The Town Center Phase II,
accompamed by a Fact Sheet wtth esttmated square footages and parktng spaces
The Term Sheet shall be scheduled for the Ctty Counctl Sesston of December 4, 2001
The Ctty Manager shall provtde the progresston of the Town Center Development tncludtng revenues and
tnvestments generated The Ctty Manager shall dehneate the area east of Constitution Drtve as not betng
a part of the Town Center development and as betng completed
November 27, 2001
-11-
,4 GEND'4 RE VIE W SESSION
4:25 P.M.
ITEM #48948
J1
Ordtnance to ,4UTHORIZE the acqutsttton of Agrtcultural
Reserve Preservatton (,4RP) easements and the tssuance of tts
contract obhgattons
(DISTRICT 7- PRINCESS ANNE)
Thomas G. and Rebecca D. ,411en 34 56 Acres $129,582
Installment Purchase Agreement No 2001- 42
Councd Members Eure and McClanan wdl vote a VERB,4L N,4 Y on this item
ITEM #48949
J2
Ordtnance to estabhsh the boundartes, names andnumbers of the
Ctty of Vtrgtma Beach's seven restdence dtstrtcts according to
Ctty Code 3~ 24 2-304 2, whtch provtdes that localities must
reapportion local election districts after each decennial census,
and, City Charter 3~ 3 O1 whtch provtdes that the city shall be
dtvlded into seven residence districts of approximately equal
population
Speakers are regtstered and this ttem wtll be dtscussed during the Formal Sesston
ITEM # 48950
J3
Ordinance to AMEND the Ctty Code by ,4DDING ~ 2-23 re City
Council and School Board Elections taktng place on the first
Tuesday in November, begtnmng tn November 2002
(Sponsored by Mayor Meyera OberndorJ)
Speakers are registered and this item will be dtscussed durtng the Formal Sesston
ITEM # 48951
d 8 Resolution to support and endorse regtonal effort to attract a
National Basketball ,4ssociation (NB,4) league team to the
Hampton Roads regton and encourage our ctttzens and business
communtty to do hkewlse (Removed from 11/13/01 agenda)
(Sponsored by Councd Lady Wtlson)
Thts Resolutton has been AMENDED and will be read by Councd Lady Wdson durtng the Formal Sesston
Council Lady Wtlson expressed appreclatton to Counctlman Jones for hts asststance Counctlman Harrtson
advtsed relattve the Mayor's suggestton concerning endorsement from the Hampton Roads Partnership for
the Conventton Center Councdman Harrtson spoke wtth representattves concerntng the NBA Resolution
and the destre to have the Partnershtp endorse the Convention Center expanston The members thought thts
wouM be appropriate to the Partnershtp and clearly a major economic development acttvtty for tourtsm
Although, he does not have the abdtty to commit the Partnership, Councdman Harrtson beheved he had an
tndlcatlon they wouM endorse the Conventton Center, tf requested Mayor Oberndorf referenced
correspondence recetved from dtmmy Eason expressing apprectatton for scheduhng the Resolution to
support and endorse regtonal effort to attract a Nattonal Basketball Assoclatton (NBA) league Council
Lady Eure wished the record to state, the City Counctl ts antlctpattng a Resolution m support of the
Conventton Center from the Hampton Roads Partnership
November 27, 2001
- 12-
AGENDA RE VIE W SESSION
ITEM #48 740
ITEM # 48952
BY CONSENSUS, the followmg shall compose the CONSENT AGENDA:
ORDINANCES/RES OL UTION
J1
Ordinance to AUTHORIZE the acqulsltton of Agricultural
Reserve Preservatton (ARP) easements and the issuance of its
contract obhgatlons
(DISTRICT 7 - PRINCESS ANNE)
a Thomas G. andRebecca D. Allen 34 56 Acres $129,582
Installment Purchase Agreement No 2001- 42
J4 Ordinance to ACCEPT a $70,676 grant from the U S
Department of Justice and APPROPRIATE $65,835 to the FY
2001-02 operating budget of the Police Department and $4,841
to the FY 2001-02 operating budget of the Shertff's Department
repurchase of bulletproof vests, and, estimated revenue from the
federal government be increased accordingly
J5
Ordinance to TRANSFER $3,730 from the General Fund
Reserve for Contingencies to the Water and Sewer Fund for the
costs associated wtth the construction of the Greater Hampton
Roads, "St. Jude Dream House," at Largo Mar as a charitable
gtft to St Jude Children's Research Hospital (Sponsored by Vice
Mayor Wdham Sessoms, Jr)
J7
Ordinances to authorize temporary encroachments into city-
owned property at Crab Creek
(DISTRICT 5 - L YNNHA VEN)
Into the right-of-way known as Lynnhaven Promenade to
Amanda Smith at 2088 Tazewell Road re constructing and
matntalnlng a wooden pier and dredging
Into the right-of-ways known as Piedmont Circle and Lynnhaven
Promenade to John P. Madden and Linda G. Gleason at 2090
Tazewell Road re construction and malntatntng a wooden pier,
boat hft, mooring piles and dredging
Council Members Eure and McClanan will vote a VERBAL NAY on Item J 1 a
November 27, 2001
- 13-
AGENDA RE VIEW SESSION
ITEM # 48953
K 1 RECONSIDERATION: PA UL C. LOWNfor a Condtttonal Use
Permtt re a restdential multtple famd_¥ dwelhng (3 umts) on Lot
10, Block C, Lynnhaven Beach, on Urchin Road and Ocean
Avenue, containing 7, 500 square feet
(DISTRICT 5 - L YNNHA VEN)
Thts ttem wdl be dtscussed durtng the Formal Sesston
ITEM # 48954
K3
Peattons of UNITED JEWISH FEDERATION OF
TIDEWA TER for the dtsconttnuance, closure and abandonment
of
(DISTRICT 2 - KEMP S VIL L E)
a Katte Brown Drtve north of Morrts Avenue, contatmng 36,341
square feet
b Morrts Avenue south of Katte Brown Drtve, contatmng 29, 544 square
feet
Councd Lady McClanan understood the billboard wouM be removed Vtce Mayor Sessoms advtsed thts was
not the case The Ctty Attorney advtsed he was not aware of the gates on the public streets Someone is
encroachtng on Cttyproperty unless the gates belong to the Ctty Councdman Mandtgo advtsed these gates
were tnstalled because of the crtme on the weekends and mghts The Pohce Department Installed these
several years ago The Ctty Manager shall provtde clartficatton The Ctty Attorney advtsed Councd Lady
Eure the legal papers are now tn comphance
ITEM # 48955
K 4 Apphcatton of CITY OFREFUGE CHRISTIAN CHURCH OF
VIRGINIA BEACH for a Condtttonal Use Permtt for church
servtces and church related acttvtttes at the southeast corner of
Holland Road and Stoneshore Drtve (3420 Holland Road),
contatnmg 1 363 acres
(DISTRICT 3 - ROSE HALL)
Councd Lady McClanan wtshed the conditton added "The Condtaonal Use Permtt shah be for three (3)
,,
years
ITEM # 48956
d6
Apphcatton of OCEAN BAY VENTURES, L.L.C., a Vtrgtnta
Ltmtted Ltabthty Corporation, for a Change of Zontng Dtstrtct
Classt_ficatton from I-1 Ltght Industrtal and R-SD Restdenttal
Duplex Dtstricts to Condtttonal A-24 Apartment Dtstrtct on the
northwest corner of the Norfolk & Southern Radroad rtght-of-
way and Cypress Avenue, contatntng 2 89 acres
(DISTRICT 6 - BEACH)
Councdman Branch requested thts ttem be DEFERRED INDEFINITELY The Planntng Staff ts worktng
wtth the apphcant concerning vartous tssues, tncludmg denstty and archttectural destgn
ITEM # 48957
J 7 Apphcatton ofALICIA A. MAHAR for a Change of Zoning
District Classtficatton from R-20 Restdenttal Dtstrtct to
Condtttonal AG-2 Agrtcultural Dtstrtct on the north stde of
Prtncess Anne Road, west of Newstead Drtve (2186 Prtncess
Anne Road), contatning 1 633 acres
(DISTRICT 7 - PRINCESS ANNE)
Councd Lady Henley advtsed thts ts to allow for the boardtng of one (1) horse
November 27, 2001
K8.
- 14-
AGENDA RE VIE W SESSION
ITEM # 48958
Ordtnance to AMEND 3~502 of the Ctty Zontng Ordtnance
(CZO), reducing rear and side yard setback reqmrements for
certam accessory structures tn all restdenttal zontng dtstrtcts,
increasing rear yard setback requtrements for duplex and
semtdetached dwelltngs tn R-5R Restdenttal Dtstrtcts,
estabhshtng a maximum limitation on impervious surface
coverage for smgle-famtly, duplex and semidetached dwellings
tn the R-5R Restdenttal Dtstrtct and, including garages tn the
determmatton of floor area ratto for duplex and semtdetached
dwelhngs tn R-5R Restdenttal Dtstrtct
K 90rdtnance to establish Transition Rules for amendments to the
R-SR Restdenttal Zontng Dtstrtcts and for accessory structures
tn ALL Restdenttal Zontng Dlstrtcts
Councilman Harrtson advtsed restdents of the North End Clvtc League support thts Ordinance
If there are no speakers tn OPPOSITION, these items wtll be ADOPTED, BY CONSENT
ITEM # 48959
BY CONSENSUS, the following shall compose the PLANNING B Y CONSENT AGENDA:
K2
Apphcatton for a MODIFICATION OF CONDITION NO. 1 on
the June 8, 1999 approved Conditional Use Permtt for
LONDON BRIDGE BAPTIST CHURCH re church addition at
2460 Potters Road, containing 25 435 acres
(DISTRICT 6- BEACH)
K3
Petitions of UNITED JEWISH FEDERATION OF
TIDEWATER for the disconttnuance, closure and abandonment
of
(DISTRICT 2 - KEMP S VIL L E)
a Katie Brown Drive north of Morris Avenue, contatnlng 36,341
square feet
b Morrts Avenue south of Katie Brown Drtve, containing 29,544
square feet
K4
Apphcation of CITY OF REFUGE CHRISTIAN CHURCH OF
VIRGINIA BEACH for a Condtttonal Use Permtt for church
servtces and church related actlvtties at the southeast corner of
Holland Road and Stoneshore Drive (3420 Holland Road),
contatnlng 1 363 acres
(DISTRICT 3 - ROSE HALL)
K5
Apphcation of A VIS RENT-A-CAR SYSTEM, INC. -ANNE LO
MONACO for a Condtttonal Use Permit for motor vehicle
rentals at the northwest corner of Rosemont Road and Vtrglnla
Beach Boulevard (3664 Vtrglma Beach Boulevard), containing
18,295 2 square feet
(DISTRICT 5 - L YNNHA VEN)
K6
Application of OCEAN BAY VENTURES, L.L.C., a Vlrgtnta
Ltmtted Ltabtltty Corporatton, for a Change of Zoning Dtstrtct
Classtficatlon from I-1 Light Industrtal and R-5D Restdenttal
Duplex Dtstrtcts to Conditional A-24 Apartment Dtstrtct on the
northwest corner of the Norfolk & Southern Ratlroad rtght-of-
way and Cypress Avenue, containing 2 89 acres
(DISTRICT 6- BEACH)
November 27, 2001
- 15-
AGENDA RE VIEYY SESSION
ITEM # 48959 (Continued)
K7
Apphcatton of ALICIA A. MAHAR for a Change of Zoning
Dtstrtct Classt_ficatton from R-20 Restdenttal Dlstrtct to
Condtttonal AG-2 Agrtcultural Dlstrtct on the north side of
Prtncess Anne Road, west of Newstead Drtve (2186 Prtncess
Anne Road), contatntng 1 633 acres
(DISTRICT 7 - PRINCESS ANNE)
K8
Ordtnance to AMEND 3~502 of the Ctty Zontng Ordinance
(CZO), reducing rear and side yard setback requirements for
certam accessory structures tn all restdential zomng dtstrtcts,
increasing rear yard setback requtrements for duplex and
semtdetached dwellings tn R-5R Restdenttal Distrtcts,
estabhshtng a maximum limitation on impervious surface
coverage for smgle-famdy, duplex and semtdetached dwellmgs
tn the R-5R Resldenttal Dtstrtct and, including garages tn the
determmatton of floor area ratto for duplex and semtdetached
dwellmgs tn R-5R Restdenttal Distrtct
K9
Ordinance to establish Transition Rules for amendments to the
R-SR Residential Zoning Districts and for accessory structures
tn ALL Restdenttal Zoning Dtstrlcts
Item K 4 wtll be APPROVED, BY CONSENT, for three (3) years
Item K 6 wdl be presented for DEFERRAL INDEFINITEL Y, B Y CONSENT
November 27, 2001
-16-
CITY COUNCIL COMMENTS
4:30 P.M.
ITEM # 48960
Mayor Oberndorf referenced the proposed LANDSTOWN-WEST LANDING 230,000 volt transmission
line project through forested wetlands, assoctated wtth the North Landing Rtver and West Neck Creek
(Courthouse Estates) Mayor Oberndorfhas recetved a call from the Chatrman of the Assoctatton advising
new evtdence is to be introduced whtch should make a dtfference to the State Corporation Commtsston
Councd Lady Henley referenced petitions received tn OPPOSITION to Domtmon Virginia Power 's plans
to construct tts proposed LANDSTOWN- WEST LANDING volt transmission hne project Councd Lady
Henley dtstrtbuted these pettttons durtng the Ctty Councd Sesston of November 13, 2001 The property
owners were not aware thts major transmtsston hne was to be built when thetr homes were purchased Thts
hne was permttted tn the early 1990's prtor to the budding of the netghborhood Dommton Power ts planmng
constructton of this hne for 2003 The residents are requesttng the Ctty, tf at all posstble, to tntervene and
have the hne moved away from Courthouse Estates They are requesttng the Ctty not convey property
necessary to budd the transmtsston hne in City owned property near the Landstown substation
Deputy Ctty Attorney Wdham Macah advtsed the State statute states a Corporation, such as VEPCO whtch
has the power of eminent domain, and with the permission of the State Corporation Commission, can
condemn propertyfrom another corporation which has the power of eminent domain and this includes the
City VEPCO wouM have tojusttfy the easement being necessary for thelr facdlty and the City did not need
the land unencumbered by an easement The City has been sdent all these years The restdents of
Courthouse Estates have advised evidence of a material misrepresentation, which was involved tn
granting the permtt in 1992 If this ts the case, there ts a statute for the Commission to reopen the case The
Certificate of Convenience and Necessity may be amended, revoked or modtfied However, the City
Attorney's office does not beheve the City wouM be able to prevent Dominion Power from acquiring the
property by condemnation Deputy City Attorney Macah stated VEPCO has advised the City they intend to
go forward wlth the hne as permltted and have made considerable investments for the easements contiguous
to Courthouse Estates However, they have not received their wetlands permits from the U S Army Corps
of Engineers for the Jarvls Road terminus
Councd Lady Eure beheved all parcels of property wtth power hnes, dedtcated and not developed shouM
be noted on the stte plats, as well as those properttes that have major htghways such as Southeastern
Greenbelt and Parkway Councd Lady Eure advtsed thts ts clearly dehneated on thts parttcular parcel of
land that thts ts a power hne right-of-way, but she wtshes to be assured a dtsclosure ts made when property
is transferred Deputy City Attorney Macah advtsed restdents do not typtcally revtew plats of the subdtvtslon
This concept shall be revtewed
Mayor Oberndorf advtsed the restdents spoke wtth Delegate Robert McDonnell, who advised hts law firm
represents, Vtrgtnta Domimon Power on certatn occastons Delegate McDonnell made the suggestton the
ctttzens couM request the Ctty Councd not to gtve the easement through Prtncess Anne Commons and she
dtd not beheve he advtsed these restdents that Vtrgtnta Domtmon Power stdl has the power of condemnatton
Deputy Ctty Attorney Macah advtsed he had been tnformed VEPCO offered to buy back the property of
certatn homeowners and some dtd accept the offer.
Councd Lady Henley referenced tnformatton provtded by the Office of the City Clerk Vtrgtnta Power
recetved a Condtttonal Use Permtt for the substatton on Jarvis Road, tn the early 1990's Vtrgtma Power
proceeded to purchase that site In 1989, thts tssue first came up and restdents tn the West Neck area were
aware Council Lady Henley attended meettngs wtth these restdents There were also residents tn attendance
durtng these meettngs, where the Substatton was tmttallyproposed to be located and Vtrgtma Power moved
tt from that locatton to another
ITEM # 48961
Councd Lady Eure requested a Verbatim(s) be provided tn the forthcomtng agenda package for ttems whtch
have been DEFERRED, RECONSIDERED, OR MODIFIED by Ctty Councd. There was consMerable
debate on the Paul C. Lown proposal and verbattm informatton wouM have been benefictal for
reconstderatton of thts ttem These Verbattms would be enclosed wtthm the Agenda adjacent to the
apphcatton when thts parttcular ttem ts later scheduled for Ctty Councd
November 27, 2001
-17-
ITEM it 48962
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the City Council Conference Room, City Hall Building, on Tuesday, November 27, 2001, at
500PM
Council Members Present
Ltnwood 0 Branch, IIL Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R `iones, Reba S McClanan, Robert C
Mandigo, ,Ir, Mayor Meyera E Oberndorf Nancy K Parker, Vice
Mayor l, Vdhams D Sessoms, ,Ir and Rosemary Wdson
Councd Members Absent
None
November 27, 2001
- 18-
ITEM ii 48963
Mayor Meyera E Oberndorf entertamed a morton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of Vtrgmta, as amended, for the followlng purpose
PERSONNEL MA TTERS Dtscusston, constderatton or tntervtews of
prospective candidates for employment, assignment, appointment,
promotton, performance, demotion, salartes, dtsctpllnmg, or
restgnatton of spectfic publtc officers, appotntees, or employees
pursuant to Section 2.1-344 (A) (1)
To }Vtt Appotntments
Boards and Commtsstons
Board of Zontng Appeals
Communtty Services Board
Human Rights Commtsslon
Plannmg Commlsston
Virginia Beach Community Development Corporatton
PUBLICLY-HELD PROPERTY Dlscusston or constderatton of the
acqutsttton of real property for a pubhc purpose, or of the dtsposltton
of pubhcly-heM real property, where dtscusston tn an open meeting
wouM adversely affect the bargatntng posttion or negottattng strategy
of the pubhc body pursuant to Sectton 2 1-344(A)(3)
Agricultural Reserve Program - Princess Anne Dtstrtct- two acqutstttons
LEGAL MA TTERS Consultatton wtth legal counsel or brtefings by
staff members, consultants, or attorneys pertatmng to actual or
probable httgatton, or other spectfic legal matters requesttng the
provtslon of legal advtce by counselpursuant to Section 2 1-344(A)(7)
Argos Properties, LLC v City of Virginia Beach
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl voted toproceed mto
CLOSED SESSION.
Vottng 11-0
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, }Vtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba $ McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce
Mayor Wtlhams D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
(Time of Closed Session: 5:00 P.M. to 5:45 P.M.)
November 27, 2001
-19-
FORMAL SESSION
VIRGINIA BEA CH CITY CO UNCIL
November 27, 2001
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Cay Hall Butldtng, on Tuesday, November 27, 2001, at 6 O0 P M
Councd Members Present
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce
Mayor Wllhams D Sessoms, Jr and Rosemary Wdson
Councd Members Absent
None
INVOCATION
Reverend Angehto Samson
Prtncess Anne Plaza Umted Methodtst Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Wachovla Bank, DISCLOSED there were no matters
on the agenda m which he has a "personal interest", as defined tn the Act, either mdlvtdually or tn hts
capacity as an officer of Wachovia Bank which recently merged with First Umon National Bank The Vice
Mayor regularly makes this Disclosure as he may not know of the Bank's interest tn any apphcatlon that may
come before Cay Counctl Vtce Mayor Sessoms' letter January 2, 2001, ts hereby made apart of the record
November 27, 2001
Item VI-E
- 20-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 48964
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meeting
requtrements by Vtrgmta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were tdenttfied tn the motton
convemng the Closed Sesston were heard, dtscussed or constdered by
Vtrgtnta Beach Ctty Counctl
Vottng 11-0
Counctl Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlltam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
V?tlhams D Sessoms, Jr and Rosemary Wtlson
Counctl Members Voting Nay'
None
Counctl Members Absent
None
November 2 7, 2001
Beso u on
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION,
pursuant to the affirmative vote recorded in ITEM # 48963, page 18, 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
govermng body that such Closed Session was conducted in conformity with Virgima law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby
certifies that, to the best of each member's knowledge, (a) only pubhc business matters lawfully
exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to
which this certification resolution applies; and, (b) only such public bhsiness matters as were
identified in the motion convening this Closed Session were heard, discussed or considered by
Virginia Beach City Council.
R~uth Hodges~Smith, MMC
City Clerk
November 27, 2001
Item VI-F. 1.
- 21 -
MINUTES
ITEM ii 48965
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Mandtgo, Ctty Councll APPROVED the
Mmutes of the INFORJklAL AND FOR3~AL SESSIONS of November 6 and November 13, 2001.
Voting 10-0
Counctl Members Vottng Aye
Llnwood 0 Branch, III, Margaret L Eure, Barbara M Henley, Louts R
Jones, Reba $ McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vtce Mayor Wllham D Sessoms, Jr and
Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Abstatnlng.
Wtlham W Harrtson, Jr
Council Members Absent
None
Councilman Harrtson ABSTAINED as he was not tn attendance during the Ctty Council Sessions of
November 6 and November 13, 2001, due to a heavy legal calendar and hts famtly vacation
November 27, 2001
- 22 -
Item VI-G.I.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM # 48966
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
November 27, 2001
- 23 -
Item VI-H. 1.
MA YOR 'S PRESENTATION
ITEM# 48967
Mayor Oberndorf recogmzed
Dr. Hiroyuki Hamada
Japan Education Culture Center, Inc
Dr Hamada advtsed thts past November 1, 2001, Mayor Oberndorf parttclpated as the keynote speaker tn
the first Live Tele-Conference with Miyazaki Japan tn the mtddle of the mght (2 O0 -3 O0 A M), while most
of our cmzens were asleep Thts 63rd Conference was sponsored by Japan Mayor's Association, Tokyo
Municipal Research Society, Japan Urban League and the City of Miyazaki The theme of thts mdestone
conference was to budd the opttma commumty through volunteers M~yazakt Ctty has been worktng very
hard to model our program tn Vtrgtma Beach Dr Hamada expressed apprectatton to Mayor Oberndorf
Mary Russo, Volunteer Co-ordtnator, Ruth Hodges Smith, City Clerk, and enthustasttc Volunteer Councd
Members, who have made major dtfferences tn Mtyazakt, Japan Instead of travehng to Japan, Mayor
Oberndorf sent her keynote speech created by VBTVand thetr outstandtng ctty vtdeo servtce Thts hve tele-
conference was successfully conducted wtth 2000 parttctpattng delegates from all over Japan A book has
been pubhshed compthng the crtttcal tnformaaon submttted by the key presenters, lnci'udtng untverstty
professors, volunteer leaders and Mayors across Japan This program and vtdeo wdl be part of the record
for the Mayor's Stster Ctty Commtsston
Instant Vlstbthty has been created tn Japan. Governor Matsukata, Mtyazakt Prefecture, Mayor Tsumura,
Mtyazakt Cay, Chairman Takahtde, Japan Mayors' Assoctatton wtsh to express thetr deepest gratttude to
Mayor Oberndorf and the City for their great asststance and cooperatton
Mayor Oberndorf's honorarium of 200, 000 Yen, whtch wdl be approxtmately $1,600, ts enroute and wdl
be donated to the Virginia Beach Volunteer Rescue Squad.
November 27, 2001
Item VI-H. 2.
- 24 -
MA YOR 'S PRESENTATION
ITEM# 48968
Mayor Oberndorf advtsed there was a special martial arts celebration, Dai Nippon Butolcu Kai & Ecka,
at Old Dominion University Part of the celebratton was the presentation of checks Mayor Oberndorf was
presented an honorarium tn the amount of $1,000 whtch she recetved on behalf of the Vtrgtnta Beach
Rescue Squad
Bill Laws
President
Virginia Beach Rescue Squads Association
Thts honorartum ts on behalf of Dr. HiroyuM Hamada, in honor of- Dai Nippon Butoku Kal & Ecica and
the Honorable Mayor Meyera E. Oberndorf
Mr Laws advised the EMS Memorial has commissioned a T-shtrt which was presented to the Mayor, Vice
Mayor and Dr Hamada Thts shtrt represents the Nattonal EMS Memortal and the fallen comrades lost tn
the September Eleventh terrortsts tragedy
November 27, 2001
- 25 -
Item VI-I. 1.
PUBLIC HEARING
ITEM # 48969
Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING:
A GRICUL TURAL RESERVE PROGRAM (ARP) - District 7- Princess Anne
34.56 Acres - 629 Princess Anne Road
There betng no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
November 27, 2001
- 26 -
Item VI-I 2
P UBL IC HEA RING
ITEM # 489 70
Mayor Meyera E Oberndorf DECLARED A PUBLIC HEARING:
REDISTRICTING
Dr Marlene Hager, Voter Registrar, advtsed, durtng the past two weeks, whde worktng wtth the Ctty
Attorney's Office and Ktm Brace - Electron Data Servtces, a few technical adjustments **,ere suggested to
the boundary hnes for Dtstrtcts 1, 2 and 3 These adjustments wdl asstst the Voter Regtstrar's office tn future
years re the various electron dtstrwts
The following regtstered tn SUPPORT
Brtan Ktrwtn, 304 Crtpple Creek Court 23452, Phone 463-0399, spoke tn support of the "2001 Plan "and
comphmented the Mayor, City Council and staff for the truly Inclusive and exemplary process
The following registered to speak tn OPPOSITION:
Georgia F Allen, 4405 Runny Brook Drive, Phone 687-3171 -Chatr, Community Coahtlon for a Better
Vlrglma Beach, supported the 11-Single Member District Plan and 10-Smgle Member District Plan
Henry Ryto, 864 OM Vtrgtma Beach Boulevard 23451, Phone 428-2 763
Maxlne Graham, 3057South Sandpiper, 2202 Venice Court (Dec 1)Phone 721-3000, wtshed thepresent
system to remain She stated her opposition to a "}Yard" system
There being no further speakers, Mayor Meyera E Oberndorf CLOSED THE PUBLIC HEARING.
November 27, 2001
-27-
Item VI-J
ORDINANCES/RESOL UTION
ITEM # 489 71
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Cay Counctl APPROVED IN
ONE MOTION, Ordtnances 1, 4, 6 and 7a/b of the CONSENTAGENDA.
Vottng' 11-0 (By ConsenO
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Ivtlham tV Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor
IVtlham D Sessoms, Jr. and Rosemary IVilson
Counctl Members Vottng Nay'
None
Council Members Absent
None
Counctl Lady Eure and McClanan voted a VERBAL NAY on Item 1 (Allen APR)
November 27, 2001
- 28 -
Item VI-J 1.
ORDINANCES/RESOL UTION
ITEM # 489 72
Upon motton by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED:
Ordtnance to AUTHORIZE the acqutsttton of Agrtcultural Reserve
Preservatton (ARP) easements and the tssuance of tts contract obhgattons
(DISTRICT 7 - PRINCESS ANNE)
Thomas G. and Rebecca D. Allen 34 56 Acres $129,582.
Installment Purchase Agreement No 2001- 42
Voting 9-2 (By Consent)
Council Members Vottng Aye
Ltnwood 0 Branch, III, Wtlham W Harrtson, Jr, Barbara M. Henley,
Louis R. Jones, Robert C Mandtgo, Jr, Mayor Meyera E Oberndorf
Nancy K Parker, Vtce Mayor Wdham D Sessoms, Jr and Rosemary
Wilson
Counctl Members Vottng Nay
Margaret L Eure and Reba S McClanan
Council Members Absent
None
November 27, 2001
AN ORDINANCE AUTHORIZING THE ACQUISITION (DF AN
AGRICULTURAL LAND PRESERVATION EASEMENT AND THE
ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN
THE MAXIMUM PRINCIPAL AMOUNT OF $129,582
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WHEREAS, pursuant to the Agricultural Lands P~eservatlon
Ordinance (the "Ordinance"), Appendix J of the Code of the
City of Virginia Beach, there has been presented to the City
Council a request for approval of an Installment Purchase
Agreement (the form and standard provisions of which have been
previously approved by the City Council, a summary of the
mater~al terms of which is hereto attached, and a true copy
of which is on file in the City Attorney's Off~ce) for the
acquisition of the Development R~ghts (as defined in the
Installment Purchase Agreement) on certain property located in
the City and more fully described ~n Exhibit B of the
Installment Purchase Agreement for a purchase price of
$129,582; and
WHEREAS, the aforesaid Development Rights shall be
acquired through the acquisition of a perpetual agricultural
land preservation easement, as defined in, and an complmance
with, the requirements of the Ordinance; and
WHEREAS, the City Council has reviewed the proposed terms
and conditions of the purchase as evidenced by the Installment
Purchase Agreement;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. The C~ty Council hereby determines and finds that
the proposed terms and conditions of the purchase of the
Development Rights pursuant to the Installment Purchase
Agreement, including the purchase price and manner of payment,
are fair and reasonable and in furtherance of the purposes of
the Ordinance, and the C~ty Manager or his designee is hereby
authorized to approve, upon or before the execution and
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delivery of the Installment Purchase Agreement, the rate of
interest to accrue on the unpaid principal balance of the
purchase price set forth hereinabove as the greater of 4.75%
per annum or the per annum rate which is equal to the yield on
United States Treasury STRIPS purchased by the C~ty to fund
such unpaid pr~ncmpal balance; provided, however, that such
rate of interest shall not exceed 6.75% unless the approval of
the City Councml by resolution duly adopted is first obtained.
2. The City Council hereby further determines that
funding is available for the acquisition of the Development
Rights pursuant to the Installment Purchase Agreement on the
terms and conditions set forth therein.
3. The City Council hereby expressly approves the
Installment Purchase Agreement and, subject to the
determination of the City Attorney that there are no defects
in title to the property or other restrictions or encumbrances
thereon which may, in the opinion of the City Attorney,
adversely affect the City's interests, authorizes the City
Manager or his deszgnee to execute and deliver the Installment
Purchase Agreement in substantially the same form and
substance as approved hereby with such minor modifications,
insertions, completions or omissions whzch do not materzally
alter the purchase price or manner of payment, as the City
Manager or his designee shall approve. The City Council
further directs the City Clerk to affix the seal of the C~ty
to, and attest same on, the Installment Purchase Agreement.
The Cmty Council expressly authorizes the incurrence of the
indebtedness represented by the ~ssuance and delivery of the
Installment Purchase Agreement.
4. The City Council hereby elects to issue the
indebtedness under the Charter of the City rather than
pursuant to the Public Fmnance Act of 1991 and hereby
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constitutes the indebtedness a contractual obligatLon bearing
the full faith and credit of the City.
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Adopted by the Council of the City of Virgznia Beach,
Virginia, on this 27th day of November , 2001.
Adoption requires an affirmative vote of a majority of
all members of the City Council.
CA-8283
wmmkallenord, wpd
R-1
October 23, 2001
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APPROVED AS TO CONTENT'
A~ri~ulture Deparlment
APPROVED AS TO LEGAL
SUFFICIENCY'
Law Department
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C~ED AS TO AVAILABILITY OF FUNDS'
AGRICULTURAL RESERVE PROGRAM
INSTALLMENT PURCHASE AGREEMENT NO. 2001-42
SUMMARY OF MATERIAL TERMS
SELLER: Thomas G. and Rebecca D. Allen
PROPERTY LOCATION: 629 Pnncess Anne Road
PURCHASE PRICE: $129,582
EASEMENT AREA: 34 56 acres, more or less
DEVELOPMENT POTENTIAL: 4 single-family dwelhng building sites (3 acquired)
DURATION: Perpetual
INTEREST RATE: Equal to y~eld on U.S Treasury STRIPS acquired by City to fund purchase
price, but not less than 4.75% (actual rate to be determined when STRIPS are purchased prior to
execution of IPA). Rate may not exceed 6.75% without approval of City Council
TERMS: Interest only twice per year for 25 years, with payment ofpnnclpal due 25 years from IPA
date
RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate
Settlement Transfer) for one (1) year following execution and delivery oflPA
ARP Boundary Line
Under
Consideration
Item VI-J. 2.
- 29 -
ORDINANCES/RES OL UTION
ITEM # 489 73
Upon motion by Councdman Harrison, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED:
Ordmance to estabhsh the boundartes, names and numbers of the Cay of
Vtrgtnta Beach's seven restdence Dtstrtcts accordtng to Ctty Code 3~ 24 2-
304 2, whtch provides that locahttes must reapportion local election
districts after each decennial census, and, Ctty Charter ~ 3 O1 whtch
provtdes that the ctty shall be dtvtded mto seven residence districts of
approxtmately equal population
Vottng 10-1
Councd Members Votmg Aye
Margaret L Eure, Wilham W. Harrtson, Jr, Barbara M Henley, Louts
R Jones, Reba S McClanan, Robert C Mandtgo, Jr, Mayor Meyera E
Oberndorf, Nancy K Parker, Vice Mayor Wdham D Sessoms, Jr and
Rosemary Wdson
Council Members Vottng Nay
Ltnwood 0 Branch, III
Councd Members Absent
None
November 27, 2001
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AN ORDINANCE APPROVING A PLAN TO
REAPPORTION THE POPULATIONS AND
REVISE THE BOUNDARIES OF THE
SEVEN EXISTING RESIDENCE
DISTRICTS FOR LOCAL ELECTIONS
WHEREAS, Code of Virginia ~ 24.2-304.1 provides that
localities must reapportion local election districts after each
decennial census;
WHEREAS, Section 3.01 of the Charter of the City of
Virginia Beach provides that "It]he city shall be divided into
seven residence districts of approximately equal population," the
boundaries of which "shall be adjusted periodically as may be
necessary to ensure that the populations of the districts remain
approximately equal"; and
WHEREAS, the City Council has held public hearings, has
received and reviewed a variety of plans, and now wishes to
adopt a plan to reapportion the populations and revise the
boundaries of the seven existing residence districts.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
CITY OF VIRGINIA BEACH, VIRGINIA:
1. That, pursuant to Code of Virginia ~ 24.2-304.1
and City Charter ~ 3.01, the revised boundaries to the City's
seven existing residence districts are hereby established as
shown on the map identified as "2001 Plan" and dated 11/11/01,
a copy of which has been presented to the City Council and filed
in the City Clerk's office, which is hereby incorporated by
reference.
2. That the boundaries shown on the map titled "2001
Plan" are more particularly described by reference to streets and
geographic features of the City, as shown on the document
identified as "2001 Plan - Descriptions of District Boundaries,"
a copy of which has been filed in the City Clerk's office and is
hereby incorporated by reference.
3. That the 2000 U.S. Census Blocks contained in each
36 district shown in the "2001 Plan" are listed in the document
37 titled "2001 Plan - Census Block Assignments," a copy of which
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has been filed in the City Clerk's office and is hereby
incorporated by reference.
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4. That, in the event of any conflict between the
41 boundaries described in the "2001 Plan" map, the document titled
42 "2001 Plan - Descriptions of District Boundaries," or the
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document titled "2001 Plan - Census Block Assignments," the
44 boundaries established in the "2001 Plan" map shall be
45 controlling.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2001.
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CA-8325
Ordin\NONCODE\Redistricting.ord.wpd
November 14, 2001
R5
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APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
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City Attorney's Office
City Attorney's Office
City of Virginia Beach
IIqTER-OFFICE CORRESPOtCl)E~C~
DATE: November 28, 2001
TO: Ruth H. Smith DEPT: City Clerk
Lawrence S. Spencer, Jr/..~
FROM: DEPT:
RE:
Redistricting Ordinance
Assistant City Attorney
I wanted to alert you of a scnvener's error in the ordinance adopted last night by the City
Council to reapportion the C~ty's residence d~strict boundaries. Specffically, that ordinance, at
lines 7 and 22, referred to Code of V~rgm~a § 24.2-304.2, when the reference should have been
to § 24.2-304.1. Making such a correct, on ~s a mimstenal matter entirely w~thm your power.
The recital of this section was not required and merely provided background as to the substantive
action of the Council (the adoption of the redistricting plan). See County ofFmrfax v Southern
Iron Works, Inc., 242 Va 435, 410 S E 2d 674 (1991)
I enclose cop~es of the corrected ordinance, which I would appreciate your certifying.
Thank you for your assistance; please call me at 427-4539 if you should have any questions about
this matter.
c: Leslie L. Lflley, C~ty Attorney
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AN ORDINANCE APPROVING A PLAN TO
REAPPORTION THE POPULATIONS AND
REVISE THE BOUNDARIES OF T}{E
SEVEN EXI STING RES I DENCE
DISTRICTS FOR LOCAL ELECTIONS
WHEREAS, Code of V'irginia ~ 24.2-304.1 provides that
localities must reapportion local election districts after each
decennial census;
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WHEREAS, Section 3.01 of the Charter of the City of
Virginia Beach provides that "[t]he city shall be divided into
12 seven residence districts of approximately equal population," the
13 boundaries of which "shall be adjusted periodically as may be
14 necessary to ensure that the populations of the districts remain
15 approximately equal"; and
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WHEREAS, the City Council has held public hearings, has
17 received and reviewed a variety of plans, and now wishes to
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adopt a plan to reapportion the populations and revise the
boundaries of the seven existing residence districts.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE
21 CITY OF VIRGINIA BEACH, VIRGINIA:
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1. That, pursuant to Code of Virginia ~ 24.2-304.1
23 and City Charter ~ 3.01, the revised boundaries to the City's
24 seven existing residence districts are hereby established as
25 shown on the map identified as "2001 Plan" and dated 11/11/01,
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a copy of which has been presented to the City Council and filed
in the City Clerk's office, which is hereby incorporated by
28 reference.
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2. That the boundaries shown on the map titled "2001
Plan" are more particularly described by reference to streets and
geographic features of the City, as shown on the document
identified as 2001 Plan - Descriptions of District Boundaries,
a copy of which has been filed in the City Clerk's office and is
hereby incorporated by reference.
3. That the 2000 U.S. Census Blocks contained in each
36 district shown in the "2001 Plan" are listed in the document
37 titled "2001 Plan - Census Block Assignments," a copy of which
38 has been filed in the City Clerk' s office and is hereby
39 incorporated by reference.
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4. That, in the 'event of any conflict between the
41 boundaries described in the "2001 Plan" map, the document titled
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"2001 Plan - Descriptions of District Boundaries," or the
43 document titled "2001 Plan - Census Block Assignments," the
44 boundaries established in the "2001 Plan" map shall be
45 controlling.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27 day of November , 2001.
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CA-8325
OrdinkNONCODE\Redistricting. ord.wpd
November 14, 2001
R5
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APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
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City Attorney's Office
City Attorney's Office
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district shown in the "2001 Plan" are listed in the document
titled "2001 Plan - Census Block Assignments," a copy of which
has been filed in the City Clerk's office and is hereby
incorporated by reference.
4. That, in the 'event of any conflict between the
boundaries described in the "2001 Plan" map, the document titled
"2001 Plan - Descriptions of District Boundaries," or the
document titled "2001 Plan - Census Block Assignments," the
boundaries established in the "2001 Plan" map shall be
controlling.
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Adopted by the Council of the City of Virginia Beach,
Virginia, on the day of , 2001.
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CA-8325
OrdinkNONCODE\Redistricting. ord.wpd
November 14, 2001
R5
APPROVED AS TO CONTENT
City Attorney's Office
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney's Office
Item VI-J.3.
- 30 -
ORDINANCES/RESOL UTION
V~ce Mayor Sessoms PRESIDED.
ITEM # 489 74
The followtng registered to speak:
Dan Carey, 5360 Stuart Drive, Phone. 228-3 723, registered in Opposition
Barbara Messner, Post Office Box 514, Phone' 409-9100, requested 30-day Deferral
Brtan Ktrwtn, 304 Cripple Creek Court 23452, Phone:463-0399, registered in Support
Mamne Graham, 3057 South Sandpiper, 2202 Vemce Court (Dec 1) Phone' 721-3000, registered m
Opposition
Peter Langland& 1888 Long Bridge Lane, requested 30-day Deferral to gather addttional ctttzen comment
A MOTION was made by Mayor Oberndorf seconded by Councilman Branch to ADOPTan Ordinance to
AMEND the City Code by ADDING ~ 2-23 re City Council and School Board Elections takingplace on the
first Tuesday in November, beg~nmng tn November 2002. (Sponsored by Mayor Meyera OberndorJ).
A SUBSTITUTE MOTION was made by Council Lady Parker, seconded by Council Lady Henley to place
a Referendum on the May ballot for the cittzens to vote relative an Ordinance to AMEND the City Code by
ADDING I[ 2-23 re City Councd and School Board Elections taktng place on the first Tuesday in
November, beginning tn November 2002 Said Motion was WITHDRAWN.
The Main MOTION, made by Mayor Oberndorf seconded by Councilman Branch was to ADOPT:
Ordinance to AMEND the City Code by ADDING 3~ 2-23 re City Council
and School Board Elections taktng place on the first Tuesday in
November, beginning tn November 2002
Voting
5-6 (Motion Lost to a Negative Vote)
Councd Members Voting Aye
Ltnwood O. Branch, III,, Wdliam W. Harrison, Jr ,, Robert C. Mandtgo,
Jr., Mayor Meyera E. Oberndorf V~ce Mayor William D Sessoms, Jr.
Councd Members Vottng Nay.
Margaret L Eure, Barbara M Henley, Louis R Jones, Reba S.
McClanan, Nancy K. Parker and Rosemary Wilson
Council Members Absent.
None
November 27, 2001
Item VI-J. 4.
- 31 -
ORDINANCES/RESOL UTION
ITEM # 489 75
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council ADOPTED:
Ordinance to ACCEPT a $70,676 grant from the U S Department of
Justice and APPROPRIA TE $65,835 to the FY 2001-02 operating budget
of the Police Department and $4,841 to the FY 2001-02 operatine bu&zet
[ Ruth Smith - Contnt~on and other themes
Page 1 ]
From'
To:
Date:
Subject:
Norman Kahn <dockahn@ex~s net>
<Ctycncl@c~ty wrg~ma-beach va us>
12/6/01 10 25AM
Contnbon and other themes
Greetings to all members Hope you are all well
I was s~ck last week More on that later Whde s~ck, I watched the replay
of your day 11/27 I tried to watch the whole th~ng, but the presentations
were just too long and d~fflcult, and I fast-forwarded my wdeotape through
parts I d~d find ~t amusing that one presenter talked about the multiple
access points that could be used ~f the new theater was budt at Towne
Center, right before the next presenter talked about how much more awful
the traffic would be ~n the area by 2026
I wondered ~f any councd members were struck by the same ~rony, and
reahzed how much tact ~t would take to pretend to take some of the ~deas
seriously Then I saw the replay of the open meebng, and nobced how
diverse some of your presenters were, and the varying degrees with which
they could articulate their points I marveled at the guy who just loves
the c~ty and could not be more gracious I w~sh I could be hke h~m
Then I saw the replay of my thoughts, as read by Mr Langlands
F~rst off, let me say that I d~d not ask anyone to read them He was asked,
but he was ~a~ked bv Ms. Messner. Ms Messner sees me as an ally ~n her
fight for a 31st street park Just because I think th~s particular
pnvate/pubhc partnership ~s dl-adwsed does not mean that we are on the
same page, but I am constantly sent e-mads from her I had jotted some
notes to bnng w~th me to the meeting, but was too s~ck to appear So I
figured she could use some help getting her point across, and sent these
notes w~th the adwce "use th~s or don't" I d~d not do my usual
letqt-s~mmer-and-rephrase, mostly because I didn't feel good enough to
continue working on ~t
I also was disturbed that I was addressed as "Dr" I am one, but I don't
feel that ~s the place to throw t~tles around I beheve that what I m~ght
want to say should be taken the same way as that of any other c~t~zen, and
I beheve ment~omng that I am a doctor, especially three t~mes, g~ves the
~mpress~on that I beheve my thoughts count more than they would ~f I
hadn't been to all that school, which I do not
As I watched Mr Langlands, I was rem~nded that there are many ways to say
the same th~ng, and I apologize to all members for being so mean-spirited
We have wddly divergent wews of how the city should be run and planned,
and I should recogmze that everyone's wew has merit, and that just
because you d~sagree does not make you bad people If ~t appeared that I
th~nk that you are, I apologize again
I beheve that all of you truly beheve that you are doing the best for the
c~ty Obwously, I th~nk some of you are seriously m~sgmded, but I do not
beheve there ~s any mahce ~nvolved
I would hke to comment on the points Mr Harrison made after the
presentation was made, specifically, the questions asked of the c~ty
attorney I commend the c~ty attorney for having the answers avadable
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AN ORDINANCE TO ACCEPT A $70,676
GRANT FROM THE U.S. DEPARTMENT OF
JUSTICE, AND TO APPROPRIATE $65,835
TO THE FY 2001-02 OPERATING BUDGET
POLICE DEPARTMENT AND $ 4,841 TO
THE FY 2001-02 OPERATING BUDGET Of
THE SHERIFF' S DEPARTMENT, AS
REIMBURSEMENT FOR BULLETPROOF
VESTS PURCHASES
WHEREAS, the City of Virginia Beach, has been awarded a
$70,676 grant to pay for bulletproof vests, from the U.S.
Department of Justice, Office of Justice Programs, and this grant
does not require a city match.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
1. That a $70,676 grant is hereby accepted from the U.S.
Department of Justice, Office of Justice Programs, and $65,835
from this grant is hereby approprzated to the Police Department's
FY 2001-02 Operating Budget and the remaining $4,841
appropriated to the Sheriff's Department's FY 2001-02 Operatzng
Budget, as reimbursement for the City's purchase of bulletproof
vests.
2. That estimated revenue from the federal government in the
FY 2001-02 Operating Budget is hereby increased by $70,676.
Adopted the 27th day of November , 2001, by the
Council of the City of Virginia Beach, Virginza.
CA-8328
OrdinkNONCODE\Vests.ord.wpd
November 14, 2001
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APPROVED AS TO CONTENT
Manlge~en~~ ~ ~ Services --
APPROVED AS TO LEGAL
C~ty At[orney'~ Offi~
- 32 -
Item VI-AS.
ORDINANCES/RESOL UTION
ITEM # 489 76
Barbara Messner, Post Office Box 514, Phone 409-9100, regtstered in OPPOSITION.
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $184,053 from the Police Department's FY
2001-2002 operattng budget to the Fire Department's FY 2001-2002
operaang budget re fundmg for stx addtttonal full-ttme firefighters for the
Hazardous Materials Team.
Voting'
11-0 (By ConsenO
Councd Members Voang Aye
Linwood 0 Branch, III, Margaret L Eure, Wilham W Harrtson, dr,
Barbara M Henley, Louts R~ clones, Reba $ McClanan, Robert C
Mandlgo, dr, Mayor Meyera E Oberndorf Nancy ~ Parker, Vice Mayor
Wdham D Sessoms, dr and Rosemary Wilson
Council Members Vottng Nay
None
Council Members Absent
None
November 27, 2001
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AN ORDINANCE TO TRANSFER $184,053
FROM THE POLICE DEPARTMENT'S FY
2001-02 OPERATING BUDGET TO THE
FIRE DEPARTMENT'S FY 2001-02
OPERATING BUDGET TO FUND SIX
ADDITIONAL FULL-TIME FIREFIGHTERS
FOR THE HAZARDOUS MATERIALS TEAM
WHEREAS, the City of Virginia Beach Fire Department has
experienced significant increases in the number and frequency of
service calls requiring response of the Hazardous Materials Team
since the September 11th terrorist attacks and subsequent
14 biological terrorism incidents.
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NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA:
17
That, effective January 2, 2002, $184,053 is hereby
18 transferred from the Police Department's FY 2001-02 Operatmng
19 Budget to the Fire Department's FY 2001-02 Operating Budget to
20 fund six additional fire fighters for the Hazardous Materials
21 Team.
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Adopted the 27th day of November , 2001, by the
25 Council of the City of Virginia Beach, Virginia.
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CA-8329
OrdinkNONCODEkHazMatTeam.ord.wpd
November 14, 2001
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APPROVED AS TO CONTENT
~Managem~nt ~ervices
APPROVED AS TO LEGAL
SUFFICIENCY
City Attorney'~'ZOffi~e~
- 33 -
Item VI-J. 6.
ORDINANCES/RESOL UTION
ITEM # 48977
Upon motton by Vice Mayor Sessoms, seconded by Councilman Branch, Ctty Councd ADOPTED:
Ordtnance to TRANSFER $3,730 from the General Fund
Reserve for Contmgenctes to the Water and Sewer Fund for the
costs assoctated wtth the constructton of the Greater Hampton
Roads, "St. Jude Dream House," at Largo Mar as a charttable
gtft to St Jude Chddren 's Research Hospttal (Sponsored by Vtce
Mayor Wdham Sessoms, Jr)
Voting 11-0 (By Consent)
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L. Eure, William W Harrison, Jr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, dr and Rosemary Wdson
Council Members Vottng Nay.
None
Councd Members Absent
None
November 2 7, 2001
1 Requested by V~ce Mayor William D. Sessoms, Jr.
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AN ORDINANCE AUTHORI ZING THE
TRANSFER OF $3,730 FROM THE GENERAL
FUND RESERVE FOR CONTINGENCIES FOR
THE PURPOSE OF REIMBURSING THE
WATER AND SEWER FUND FOR THE COSTS
ASSOCIATED WITH THE CONSTRUCTION OF
THE GREATER HAMPTON ROADS "ST. JUDE
DREAM HOME" GIVEAWAY PROJECT
WHEREAS, "St. Jude Dream Home" is being built ~n Back Bay
at Lago Mar with the Hampton Roads community's support and
contrmbution;
WHEREAS, this is a single-family dwelling at [hot #105 ~n
Back Bay at Lago Mar in Virginia Beach, Virginza, and all proceeds
from this home will be donated to St. Jude Children's Research
Hospmtal;
WHEREAS, the cost of constructmon of the single-family
dwellmng includes water and sewer fees in the amount of $3,730; and
WHEREAS, the City of Virginia Beach wishes to show its
support for this project by reimbursing the Water and Sewer Fund,
as a charitable gift to the Greater Hampton Roads "St. Jude Dream
Home" Gmveaway for St. Jude Children's Research Hospztal.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That City Council hereby authorizes the transfer of $3,730
from the General Fund Reserve for Contmngenc~es for the purpose of
reimbursing the Water and Sewer Fund, as a charitable gift to St.
Jude Children's Research Hospital, the Greater Hampton Roads "St.
Jude Dream Home" Gzveaway, for the costs of water and sewer fees
associated with construction of a single-family dwelling at lot #105
in Back Bay at Lago Mar in Virginia Beach, Virgmnia, in the Prmncess
Anne District.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of November , 2001.
CA-8319
ORDINkNONCODEkstjudeord.wpd
November 1, 2001
Ri
APPROVED AS TO CONTENT'
Management Services /
APPROVED AS TO LEGAL
SUFFI, C,I. EN~Y:~f
Czty Attorney's Offzce
- 34-
Item VI-J. 7. t~
ORDINANCES/RES OL UTION
ITEM # 489 78
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED:
Ordtnance to authorize a temporary encroachment into ctty-owned
property at Crab Creek (DISTRICT 5 - L YNNHA VEN)
Into the rtght-of-way known as Lynnhaven Promenade to
Amanda Smith at 2088 Tazewell Road re constructmg and
matntammg a wooden pter and dredgtng
The followtng conchttons shall be requtred
The temporary encroachment wdl be constructed and matntatned
tn accordance wtth the laws of the Commonwealth of Vtrgtma
and the Ctty of Vtrgtn ta Beach, and tn accordance w tth the City's
specifications and approval
The encroachment heretn authortzed termtnates upon nottce by
the City to the Grantee, and that wtthm thtrty (30) days after the
nottce ts gtven, the encroachment must be removed from the
encroachment area by the Grantee, and that the Grantee wdl
bear all costs and expenses of such removal
The Grantee shall tndemntfy and hoM harmless the Ctty, tts
agents and employees, from and agatnst all clatms, damages,
losses and expenses tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an action artstng out of the
constructton, locatton and/or extstence of the encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the matntenance or
construction of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permtt
the mamtenance and construction of any encroachment by
anyone other than the Grantee
5 The Grantee agrees to matntatn the encroachment so as not to
become unstghtly or a hazard
The Grantee must obtatn a permtt from the Office of
Development Servtces Center/Planmng Department prtor to
commenctng any construction wtthtn the encroachment area
Prtor to issuance ora rtght-of-waypermtt, the Grantee must post
surettes, tn accordance wtth thetr Engtneer's cost esttmate, to the
Office of Development Servtces Center/Planmng Department
The Grantee must obtain and keep tn force all-rtskproperty
insurance and general habthty or such msurance as is deemed
necessary by the Ctty, and all insurance pohctes must name the
Ctty as addittonal named msured or loss payee, as apphcable
The Grantee also agrees to carry comprehenstve general habthty
msurance tn an amount not less than $500,000, combmed single
hmtts of such insurance pohcy or pohctes The Grantee wdl
provide endorsements provlding at least thtrty (30) days written
nottce to the Ctty prtor to the cancellatton or termmatton of, or
matertal change to, any of the insurance pohcles The Grantee
assumes all responstbthttes and ltabdtttes, vested or contingent,
wtth relatton to the encroachment
9 The encroachment must conform to the mtmmum setback
requtrements, as established by the City
November 27, 2001
Item VI-J. 7.~
O~INANCES/RESOL UTION
- 35 -
ITEM tt 489 78 (Continued)
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The Grantee must submtt for revtew and approval, a survey of
the encroachment area, certtfied by a registered professtonal
engtneer or a licensed land surveyor, and/or "as butlt" plans of
the encroachment sealed by a regtstered professtonal engineer,
tf required by either the Ctty Engtneer's Office or the
Engtneermg Diviston of the Public Utihttes Department
The Clty, upon revocation of such authortty and permtssion so
granted, may remove the encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner
provided by law for the collectton of local or state taxes, may
requtre the Grantee to remove the encroachment; and pendmg
such removal, the City may charge the Grantee for the use of the
encroachment area, the equivalent of what wouM be the real
property tax upon the land so occupted if tt were owned by the
Grantee, and tf such removal shah not be made wtthin the ttme
ordered heretnabove by this Agreement, the City may tmpose a
penalty tn the sum of One Hundred Dollars ($100) per day for
each and every day that the encroachment ts allowed to conttnue
thereafter, and may collect such compensation and penalttes tn
any manner provMed by law for the collection of local or state
taxes
Voting. 11-0 (By Consen0
Counctl Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, William W Harrtson, Jr.,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C
Mandlgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
WtHtam D. Sessoms, Jr. and Rosemary Wtlson
Counctl Members Voting Nay
None
Counctl Members Absent
None
November 27, 2001
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S PROPERTY
KNOWN AS CRAB CREEK AND
RIGHT OF WAY KNOWN AS LYNNHAVEN
PROMENADE LOCATED AT THE REAR OF
2088 TAZEWELL ROAD BY AMANDA SMITH,
HER HEIRS, ASSIGNS AND SUCCESSORS IN
TITLE
WHEREAS, Amanda Smith desires to construct and maintain
a wooden pier and dredging into City property known as Crab Creek
and right of way known as Lynnhaven Promenade, located at the rear
of 2088 Tazewell Road; and
WHEREAS, City Council is authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, vIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~§ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as
amended, Amanda Smith, her heirs, assigns and successors in title
are authorized to construct and maintain a temporary encroachment
for a wooden pier and dredging into the City owned property known
as Crab Creek and right of way known as Lynnhaven Promenade,
located at the rear of 2088 Tazewell Road, as shown on the plat
entitled: "PROPOSED R.O.W. ENCROACHMENT PIER AND DREDGING FOR
AMANDA SMITH CONDO. BLOCK 4, UNIT 2088, 2088 - 2090 TAZEWELL ROAD
BAYSIDE DISTRICT VIRGINIA BEACH, VA (M.B. 240 PG. 49) DATE: MAY 25,
2001" a copy of which is on file in the Department of Public Works
and to which reference as made for a more particular description;
and
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
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Amanda Smith, (the "Agreement") which is attached hereto and
incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement;
and
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as Amanda Smith and the City Manager or
his authorized designee execute the Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of November , 2001.
.~.fROVED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LE(~%L
CT~X WFTO~X
E. STRAIFORD RD.
ITE
SCALE 1"-1600'
·
·e
LOCATION MAP
lee
·
ee
·
·
LOCATION MAP SHOWING AREA
OF ENCROACHMENT
FOR AMANDA SMITH
~~ Al 2088 TAZEWELL.ROAD
--- I / // SCALE:I" = 100'
AGEN.DGN PREPARED BY PAN ENG. DRAFT. 10/2~
PREPARED BY VIRGINIA BEACH
CITY ATI'ORNEY'S OFFICE
EXEMIq~D FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58.1-81 I(cX4) RE1MBURSE~
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this
day of~(_.~~r
,2001, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and AMANDA SMITH, single, HER HEIRS, ASSIGNS AND SUCCESSORS IN TITLE,
"Grantee"
WITNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "#2088" on a plat entitled "EXHIBIT B CONDOMiNiUM
PLAT OF 2088 - 2090 TAZEWELL ROAD CONDOMINIUM BAYS[DE BOROUGH -
VIRGINIA BEACH, VIRGINIA SCALE 1" = 10' DECEMBER 1994", by John E Sirine and
Associates, LTD, Surveyors - Engineers - Planners Virginia Beach, Virginia and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 240, at
Page 49, and being further designated and described as 2088 Tazewell Road, Virginia Beach,
Virginia 23455 · GPIN 1489-58-6369-2088,
That, WHEREAS, it is proposed by the Grantee to construct and maintain a wooden
pier and dredging, "Temporary Encroachment", in the City of Virginia Beach; and
GPIN 1489-58-6369-2088
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that
the Grantee encroach into a portion of existing City owned property known as Crab Creek and
City owned Right of Way known as Lynnhaven Promenade located at the rear &property known
as 2088 Tazewell Road, Virginia Beach, Virginia 23455, "The Temporary Encroachment Area";
and the Grantee has requested that the City permit a Temporary Encroachment within The
Encroachment Area
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($I 00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled "PROPOSED R.O W
ENCROACHMENT PIER AND DREDGING for Amanda Smith,"
a copy of which is attached hereto as Exhibit "A" and to which
reference is made for a more particular description
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee, and that the Grantee will bear all costs and expenses of such
removal.
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the construction, location and/or existence of the Temporary Encroachment
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the
Office of Development Services Center/Planning Department
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000 00, combined single limits of such insurance policy or
policies The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the insurance
policies The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation
to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as established by the City
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor, and/or "as built" plans of the Encroachment sealed by a registered
professional engineer, if required by either the City Engineer's Office or the Engineering Division
of the Public Utilities Department
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection
of local or state taxes, may require the Grantee to remove the Temporary Encroachment, and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100 00) per day
for each and every day that the Temporary Encroachment is allowed to continue thereafter, and
may collect such compensation and penalties in any manner provided by law for the collection of
local or state taxes
IN WITNESS WHEREOF, Amanda Smith, single, the said Grantee, has caused this
Agreement to be executed by her signature and seal duly affixed Further, that the City of Virginia
Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager
and its seal be hereunto affixed and attested by its City Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Amhorized
Designee of the City Manager
(SEAL)
ATTEST
City Clerk
, , i ,
APPROVED AS TO
LEGAL SUFFICIENCY
CITY A~F-TORNEY
I APPROVED AS TO CONTENT
REAL ESTATE AGENT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit
The foregoing instrument was acknowledged before me this
day of
· 2001, by
, CITY MANAGER/AUTHORI~D
DESIGNEE OF THE CITY MANAGER
Notary Public
My Commission Expires
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH· to-wit
The foregoing instrument was acknowledged before me this
day of
,2001, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA
BEACH
Notary Public
My Commission Expires
STATE OF ~,)i qf C~'~;x~ .
CITY/COUNTY . .
OF ~ ~b~rt~>. ~c~¢o-wit
The foregoing instrument was acknowledged before me this
t
0 Q. ~)~ ·[gJ~/. . , 2001, by Amanda Smith
day of
My Commission Expires
LILIAN MARIA M[LI~NDEZ " ~.
My Commission ~pires~ Nota~ Public
July 31, 20~
PMP:
PROPOSED
MOORING
PILE
o
o
o MP oTYP
PMP
'~ ~
PI~P
-' ~.~' _.~~ ..~~' PJLER Al
~ ~ .~ ~ND~OAT U~
MARSH ~ ~ ~ ' ~ ~ ~
m
o
EXHIBIT "A"
A=35 14
R=20 00'
N/F CITY OF VIRIGNIA BEACH
14-89-58-8413
CRAB CREEK
~-FLOOD~.2EBB_~
: · ,.. CM17 5o
· <'" DREDOE
,..; .2320~ S't~' ,,.
: '."772
REMOVE END 3' OF__
-EXISTING PIER AND
RECONSTRUCT AS
SHOWN BOLD UNE.
- PRONI£NADE (40')
---- MLW 0 0
STONWCO. C S~ ~;~,w
BULKHEAD
.... -- MHW 15'
FT-/~ EXIST WOOD PIER
PIN
R3 A=27 04'
R= 586 36'
L1 S 86' E 37 09'
,.o
3~S'
FRAME &
DUF
~2090
'ORY
STUCCO
LEX
#2088
N1/4F PHILLIP GEIB
89-58-6324
NAIL(F) Ix'~
PLAN VIEW
(;PIN: 1489-58-6369-2088
SCALE 1" = 50'
WATERFRONT
CONSULTING, INC
1112 JENSEN DRIVE, # 206
VIRGINIA BEACH, VA 25451
PHONE (757) 425-8244
FAX (757) 425-8244
PROPOSED R.O.W. ENCROACHMENT
PIER AND DREDGING
FOR
AMANDA SMITH
CONDO BLOCK 4, UNIT 2088, 2088 - 2090 TAZEWELL ROAD
BAYSIDE DISTRICT VIRGINIA BEACH, VA
(M B 240 PG. 49) DATE MAY 25, 2001
- 36-
Item VI-J. 7. b.
ORDINANCES/RES OL UTION
ITEM # 48979
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, City Councd ADOPTED:
Ordinance to authorize a temporary encroachment tnto ctty-owned
property at Crab Creek (DISTRICT 5 - L YNNHA VEN)
Into the right-of-ways known as Piedmont Ctrcle and Lynnhaven
Promenade to John P. Madden and Linda G. Gleason at 2090
Tazewell Road re construction and matntamtng a wooden pter,
boat hft, moormg pdes and dredgtng
The followtng condttions shall be requtred
The encroachment wdl be constructed and mamtatned tn
accordance wtth the laws of the Commonwealth of Vtrgtnta and
the City of Vtrgmta Beach, and m accordance with the Ctty's
spectficattons and approval.
The encroachment authorized termtnates upon nottce by the Ctty
to the Grantee, and that within thtrty (30) days afier the nottce ts
gtven, the encroachment must be removed from the encroachment
area by the Grantee, and that the Grantee wdl bear all costs and
expenses of such removal
The Grantee shall tndemmfy and hoM harmless the Clty, ltS
agents and employees, from and agatnst all clatms, damages,
losses and expenses including reasonable attorney's fees tn case
tt shall be necessary to file or defend an action arising out of the
constructton, locatton and/or existence of the encroachment
Nothtng heretn contatned shall be construed to enlarge the
permtsston and authortty to permtt the maintenance or
constructton of any encroachment other than that specified
heretn and to the hmited extent spectfied herein, nor to permtt
the matntenance and constructton of any encroachment by
anyone other than the Grantee
5 The Grantee agrees to maintain the encroachment so as not to
become unstghtly or a hazard
The Grantee must obtain a permit from the Office of
Development Services Center~Planning Department prtor to
commenctng any constructton within the encroachment area
Prtor to issuance of a rtght-of-way permtt, the Grantee must post
surettes, in accordance wtth their Engmeer's cost esttmate, to the
Office of Development Servtces Center/Planntng Department
The Grantee must obtain and keep tn force all-rtskproperty
msurance and general habdtty or such insurance as ts deemed
necessary by the City, and all insurance pohctes must name the
City as addlttonal named msured or loss payee, as apphcable
The Grantee also agrees to carry comprehenstve general habthty
insurance tn an amount not less than $500,000, combined smgle
hmtts of such insurance pohcy or pohctes The Grantee wtll
provtde endorsements provtdmg at least thtrty (30) days wrttten
nottce to the Ctty prtor to the cancellatton or termmatton of, or
matertal change to, any of the msurance pohctes The Grantee
assumes all responstbdltles and hablhtles, vested or contingent,
wtth relatton to the encroachment.
9 The encroachment must conform to the mtntmum setback
requtrements, as estabhshed by the City
November 27, 2001
Item VI-J. 7. b.
O~INANCES/RESOL UTION
-37-
ITEM # 48979 (Continued)
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The Grantee must submtt for revtew and approval, a survey of
the encroachment area, certtfied by a regtstered professtonal
engineer or a hcensed land surveyor, and/or "as built"plans of
the encroachment sealed by a regtstered professional engmeer,
tf required by etther the Ctty Engineer's Office or the
Engtneermg Dtvtston of the Pubhc Uttltttes Department
The Ctty, upon revocatton of such authortty and permtsston so
granted, may remove the encroachment and charge the cost
thereof to the Grantee, and collect the cost tn any manner
provtded by law for the collectton of local or state taxes, may
requtre the Grantee to remove the encroachment, and pending
such removal, the Ctty may charge the Grantee for the use of the
encroachment area, the equtvalent of what wouM be the real
property tax upon the land so occupied if tt were owned by the
Grantee; and if such removal shall not be made wlthtn the ttme
ordered heremabove by this Agreement, the City may tmpose a
penalty tn the sum of One Hundred Dollars ($100) per day for
each and every day that the encroachment ts allowed to contmue
thereafter, and may collect such compensatton and penalttes tn
any manner provided by law for the collection of local or state
taxes
Voting 11-0 (By ConsenO
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L. Eure, William tV. Harrtson, Jr,
Barbara M. Henley, Louts R. Jones, Reba S McClanan, Robert C
Mandtgo, Jr., Mayor Meyera E Oberndorf, Nancy K. Parker, Vice Mayor
Willtam D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Council Members Absent
None
November 27, 2001
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Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE A
TEMPORARY ENCROACHMENT INTO A
PORTION OF THE CITY'S PROPERTY KNOWN
AS CRAB CREEK AND RIGHT OF WAYS
KNOWN AS PIEDMONT CIRCLE AND
LYNNHAVEN PROMENADE LOCATED AT THE
REAiR OF 2090 TAZEWELL ROAD BY JOHN
P. MADDEN AND LINDA G. GLEASON,
THEIR HEIRS, ASSIGNS AND SUCCESSORS
IN TITLE
WHEREAS, John P. Madden and Linda G. Gleason desire to
construct and maintain wooden pier, boat lift, mooring piles and
dredging into City property known as Crab Creek and right of ways
known as Piedmont Circle and Lynnhaven Promenade, located at the
rear of 2090 Tazewell Road; and
WHEREAS, City Council is authorized pursuant to ~§ 15.2-
2009 and 15.2-2107, Code of Virginia, 1950, as amended, to
authorize temporary encroachments upon the City's right-of-way
subject to such terms and conditions as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in ~ 15.2-2009 and 15.2-2107, Code of VirginIa, 1950, as
amended, John P. Madden and Linda G. Gleason, thezr heirs, assigns
and successors in title are authorized to construct and maintain a
temporary encroachment for a wooden pier, boat l~ft, mooring piles
and dredging into the City owned property known as Crab Creek and
right of ways known as Piedmont Circle and Lynnhaven Promenade,
located at the rear of 2090 Tazewell Road, as shown on the plat
entitled: "PROPOSED R.O.W. ENCROACHMENT PIER, LIFT, MOORING PILES
AND DREDGING FOR JOHN MADDENAND LINDA GLEASON CONDO. BLOCK 4, UNIT
2090, 2088 - 2090 TAZEWELL ROAD BAYSIDE DISTRICT VIRGINIA BEACH, VA
(M.B. 240 PG. 49) DATE: OCTOBER 12, 2001" a copy of which is on
file in the Department of Public Works and to which reference is
made for a more particular description; and
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BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subpect to those terms, conditions and criteria
contained in the Agreement between the City of Virginia Beach and
John P. Madden and Linda G. Gleason, (the "Agreement") which is
attached hereto and incorporated by reference; and
BE IT FURTHER ORDAINED that the City Manager or his
authorized designee is hereby authorized to execute the Agreement;
and
BE IT FURTHER ORDAINED, that this Ordinance shall not be
in effect until such time as John P. Madden and Linda G. Gleason
and the City Manager or his authorized designee execute the
Agreement.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 27th day of November .. . , 2001.
VED AS TO CONTENTS
DEPARTMENT
APPROVED AS TO LEC, AL
SUFFICIENC~-';~0 FO~4
E. STRATFORD RO.
);-SITE
SCALE 1"-1600'
L
LOCATION I~AP
·
·
·
/
·
·
·
LOCATION MAP SHOWING AREA
OF ENCROACHMENT
i/FOR JOHN P. MADDEN AND LINDA G. GLEASON I
.~ AT 2090 TAZEWELL ROAD I
.~' '- t ,-, // SCALE:I" : 100' ~- .-' ', -----"..
AGEN.DGN PREPARED BY PAN ENG. DRAFT. 10,2~
PREPARED BY VIRGINIA BEACH
CITY ATrORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811(eX4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this /O
-'-day of 0t7"o,~ce~---, 2001, by and
between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor,
"City", and JOHN P MADDEN, single and L1NDA G GLEASON, single, THEIR HEIRS,
ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one
WITNESSETH
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of
land designated and described as "#2090" on a plat entitled "EXHIBIT B CONDOMINIUM
PLAT OF 2088 - 2090 TAZEWELL ROAD CONDOMINIUM BAYSIDE BOROUGH-
VIRGINIA BEACH, VIRGINIA SCALE' 1" = 10' DECEMBER 1994", by John E Sirine and
Associates, LTD., Surveyors - Engineers - Planners Virginia Beach, Virginia and recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 240, at
Page 49, and being further designated and described as 2090 Tazewell Road, Virginia Beach,
Virginia 23455 · GPIN 1489-58-6369-2090,
That, WHEREAS, it is proposed by the Grantee to construct and maintain a wooden
pier, boat lift, mooring piles and dredging, "Temporary Encroachment", in the City of Virginia
Beach; and
GP1N 1489-58-6369-2090
WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that
the Grantee encroach into a portion of existing City owned property known as Crab Creek and
Right of Ways known as Lynnhaven Promenade and Piedmont Circle located at the rear of
property known as 2090 Tazewell Road, Virginia Beach, Virginia 23455, "The Temporary
Encroachment Area", and the Grantee has requested that the City permit a Temporary
Encroachment within The Encroachment Area
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in
hand paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachment Area for the purpose of constructing and maintaining the
Temporary Encroachment.
It is expressly understood and agreed that the Temporary Encroachment will be
constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the
City of Virginia Beach, and in accordance with the City's specifications and approval and is more
particularly described as follows, to wit
A Temporary Encroachment into The Encroachment Area as shown
on that certain plat entitled "PROPOSED ROW
ENCROACHMENT PIER, LIFT, MOORING PILES AND
DREDGING for John P Madden and Linda G Gleason ," a copy of
which is attached hereto as Exhibit "A" and to which reference is
made for a more particular description
It is further expressly understood and agreed that the Temporary Encroachment
herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30)
days after the notice is given, the Temporary Encroachment must be removed from The
Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such
removal
It is further expressly understood and agreed that the Grantee shall indemnify and
hold harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the construction, location and/or existence of the Temporary Encroachment
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of
any encroachment other than that specified herein and to the limited extent specified herein, nor
to permit the maintenance and construction of any encroachment by anyone other than the
Grantee
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their Engineer's cost estimate, to the
Office of Development Services Center/Planning Department
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary
by the City, and all insurance policies must name the City as additional named insured or loss
payee, as applicable The Grantee also agrees to carry comprehensive general liability insurance
in an amount not less than $500,000 00, combined single limits of such insurance policy or
policies The Grantee will provide endorsements providing at least thirty (30) days written notice
to the City prior to the cancellation or termination of, or material change to, any of the insurance
policies The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation
to the Temporary Encroachment.
It is further expressly understood and agreed that the Temporary Encroachment must
conform to the minimum setbacks requirements, as established by the City
It is further expressly understood and agreed that the Grantee must submit for review
and approval, a survey of The Encroachment Area, certified by a registered professional engineer
or a licensed land surveyor, and/or "as builtn plans of the Encroachment sealed by a registered
professional engineer, if required by either the City Engineer's Office or the Engineering Division
of the Public Utilities Department
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the
cost thereof to the Grantee, and coUect the cost in any manner provided by law for the collection
of local or state taxes, may require the Grantee to remove the Temporary Encroachment, and
pending such removal, the City may charge the Grantee for the use of The Encroachment Area,
the equivalent of what would be the real property tax upon the land so occupied if it were owned
by the Grantee, and if such removal shall not be made within the time ordered hereinabove by this
Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day
for each and every day that the Temporary Encroachment is allowed to continue therea~er, and
may collect such compensation and penalties in any manner provided by law for the collection of
local or state taxes
IN WITNESS WHEREOF, John P Madden, single and Linda G Gleason, single,
the said Grantee, has caused this Agreement to be executed by their signatures and seals duly
affmed Further, that the City of Virginia Beach has caused this Agreement to be executed ~its
name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City
Clerk
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(S nL)
ATTEST.
City Clerk
~hn P Madden
~inda G C~as°n~
APPROVED AS TO
LEGAL SUFFICIENCY
CITY A;I~ORNEv
APPROVED AS TO CONTENT
PMP:
PROPOSED
MOORING
PILE:
o
o
o MP oTYP
PMP
A=35 14
R=20 00'
(:;PIN. 1489-58-6369-2090
I I II
WATERFRONT
CONSULTING, INC
1112_ JENSEN DRIVE. SI'E:. 206
VIRGINIA BEACH. VA 2,34.51
PHONE/FAX (757) 4.25-824.4
N/F SHORE VENTURES ASSOC. L.L C.
14-89-58-6459
I I I
CRAB CREEK
'"-FLOOD~EBB_...
iP
3-S ORY
FRAME ~ STUCCO
DUPILEX
I
#2090I #2088
I
, co~q couc
REMOVE END 3' OF__-
EXISTING PIER AND
RECONSTRUCT AS
SHOWN BOLD UNE.
STONE/CONC
BULKHEAD
NAIL(F
...... PROMENADE
---- MI_W 0.0
.... MHW 15'
EXIST WOO0 PIER
R3 A=27 04'
R-586.36'
L1 S 86' E 37 O9'
N/F PHILLIP (:;EIB
1489-58-6324
EXHIBIT "A"
PLAN VIEW
I I
SCALE 1" = 30'
PROPOSED ENCROACHMENT
PIER, BOAT LIFT AND DREDGING
FOR
JOHN MADDEN AND LINDA GLEASON
CONDO. BLOCK 4, UNIT 2090, TAZEWELL ROAD
LYNNHAVEN BOROUGH VIRGINIA BEACH, VA
(M.B 2~0 PG. 4-9) DATE OCTOBER 12, 2001
- 38 -
Item VI-J. 8.
ORDINANCES/RES OL UTION
ITEM ii 48980
Upon motton by Counctl Lady Wtlson, seconded by Counctlman Branch, Ctty Counctl ADOPTED, AS
REVISED:
Resolutton to support and endorse regtonal effort to attract a National
Basketball Association (NBA) league team to the Hampton Roads region
and encourage our ctttzens and bustness communtty to do likewise
(Sponsored by Counctl Lady Wtlson)
Counctl Lady Wilson read the Resolution into the record
Voting 11-0 (By ConsenO
Counctl Members Vottng Aye'
Ltnwood O. Branch, III, Margaret L Eure, Willtam W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S. McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wtlltam D Sessoms, Jr and Rosemary Wtlson
Council Members Votmg Nay
None
Counctl Members Absent
None
November 27, 2001
10
11
12
13
14
15
16
17
18
19
2O
21
22
23
24
25
26
27
28
29
30
A RESOLUTION SUPPORTING EFFORTS
TO ATTRACT AN NBA TEAM TO THE
HAMPTON ROADS REGION
WHEREAS, the Hampton Roads Partnership, through its
representatives has requested the City Council of the City of
Virginia Beach to support its efforts to attract a National
Basketball Association ("NBA") team to the Hampton Roads
region;
WHEREAS, the Hampton Roads Partnership, through its
representatives, has represented that the City of Norfolk has
expressed the desire to be the host city for an NBA team;
WHEREAS, the Hampton Roads Partnership, through its
representatives, has represented that although a financial
plan to construct a facility and to host an NBA team has not
yet been completed, the plan, when complete, will provide for
bonds to be issued through the Hampton Roads Sports Facility
Authority to fund the facility, and no obligation for the
bonded debt and no funding obligation will be required or
requested from any locality in the region, or from the
Commonwealth of Virginia, except perhaps that of the host
community;
WHEREAS, the existing legislation creating,
authorizing and supporting the Hampton Roads Sports Facility
Authority lists specific sources of revenue to support the
issuance of bonds by the Authority which sources are limited
to revenues generated from the contemplated facility and the
hosted sports team;
WHEREAS, that legislation terminates January 1, 2002,
but representatives of the Hampton Roads Partnership have
advised that an extension of that legislation with an
31 amendment requesting a minimum rebate of those specific
32 sources of revenue, will be requested of the General Assembly
33 and that funding of the facility is contingent upon such an
34 extension;
35
WHEREAS, the Hampton Road Partnership, through its
36 representatives, have represented that other than the funding
37 mechanism in the existing legislation for the Hampton Roads
38 Sports Facility Authority, no additional funding or state
39 grants will be solicited or received from the Governor or the
40 General Assembly; and
41
WHEREAS, the Hampton Roads Partnership, through its
42 representatives, recognizing that the City of Virginia Beach
43 has undertaken planning and construction of a regional
44 convention facility, has also represented to the City Council
45 that the facility contemplated to host an NBA team will not be
46 a convention facility.
47
NOW, THEREFORE BE IT RESOLVED, BY THE COUNCIL OF THE
48 CITY OF VIRGINIA BEACH, VIRGINIA:
49
That based upon the representations of the Hampton
50 Roads Partnership recited herein, the City Council of the City
51 of Virginia Beach supports the efforts to attract a National
52 Basketball Association team to the Hampton Roads region.
53
Adopted by the Council of the City of Virginia Beach,
54 Virginia, on the 27th day of November , 2001.
CA-8326
F: kDatakATYkOrdinkNONCODEkhornetres, alt. wpd
R6
November 27, 2001
- 39-
Item VI-K.
PLANNING
ITEM # 48981
1. PA UL C. L OWN
RECONSIDERATION
CONDITIONAL USE PERMIT
2.LONDON BRIDGE BAPTIST CHURCH
MODIFICATION OF CONDITION
NO. 1 (June 8, 1999 APPROVED
CUP)
3. UNITED JEWISH FEDERATION OF TIDEWATER
STREET CLOSURES
4. CITY OF REFUGE CHRISTIAN CHURCH OF
VIR GINL4 BEA CH
CONDITIONAL USE PERMIT
5.A VIS RENT-A-CAR SYSTEM, INC. -
ANNE LO MONACO
CONDITIONAL USE PERMIT
6. OCEAN BAY VENTURES, L.L. C.
CONDITIONAL CHANGE OF
ZONING
7.ALICIA A. MAHAR
CONDITIONAL CHANGE OF
ZONING
8. CITY ZONING ORDINANCE
AMENDMENT TO §502 R-SR
RESIDENTIAL DISTRICT
9. TRANSITION RULES
AMENDMENTS TO
RESIDENTIAL
DISTRICTS
THE R-$R
ZONING
November 27, 2001
Item VI-K.
- 40-
PLANNING
ITEM # 48982
Upon motion by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Council APPROVED in ONE
MOTION Items 2, 3, 4 (ADDED CONDITION), 5, 6(DEFERRED INDEFINITEL Y) and 7.
Item 4 was APPROVED, BY CONSENT, for a pertod of three (3) years
Item 6 was DEFERRED INDEFINITEL Y, B Y CONSENT
Vottng 11-0 (By ConsenO
Councd Members Voting Aye
Linwood 0 Branch, III, Margaret L Eure, William W Harrtson, dr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C
Mandtgo, dr, Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor
Wtlham D. Sessoms, dr and Rosemary Wtlson
Counctl Members Votmg Nay.
None
Councd Members Absent.
None
November 27, 2001
Item VI-K. 1.
- 41 -
PLANNING
ITEM # 48983
Attorney Edward Bourdon, Pembroke One, Ftfth Floor, Phone 499-8971, represented the apphcant
Rebecca Levac, Seashore Condo Associatton, registered tn OPPOSITION
Upon motton by Councdman Harrtson, seconded by Councdman Man&go, Ctty Councd RECONSIDERED
and ADOPTED, subject to rear elevation of budding being approved by the Plannmg Dtrector Ordinance
upon apphcatlon of of PA UL C. LOWN for a Conditional Use Permtt re a restdenttal multtple famdy
dwelhng
ORDINANCE UPON APPLICATION OF OF PAUL C. LOWN FOR A
CONDITIONAL USE PERMIT RE A RESIDENTIAL MULTIPLE
FAMILY DWELLING R01101
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon apphcatton of PA UL C. LOWNre a restdenttal multtple
famdy dwelhng (3 umt bulldtng) on Lot 1 O, Block C, Lynnhaven Beach, on
Urchtn Road and Ocean Avenue (GPIN #1590-10-3410), contatmng 7, 500
square feet - L YNNHA VEN DISTRICT 5 - L YNNHA VEN {Thts apphcatton
to approve, lost to a negattve vote on October 2, 2001 and
RECONSIDERATION was authorized October 23, 2001 }
The followtng conchttons shall be reqmred
The stte shall be developed as deptcted on the submttted stte plan
tttled "MOOD Y DE VEL OPMENT URCHIN R OAD ", prepared by
Clark-Nexsen Archttecture and Engtneertng, dated 05/10/01,
provtded the necessary vartances are approved by the Board of
Zonmg Appeals
The butldtng shall be constructed in substanttal conformance wtth
the submitted architectural rendering that was submitted wtth the
condtttonal use permtt apphcatton and that ts on file wtth the Ctty
of Vtrgtnia Beach Planmng Department The extertor buddtng
matertals shall be faux cedar shake stdtng tn a neutral earth tone
The roofing shall be archttectural style roofing shtngles
The nme-foot by thtrty-foot area adjacent to the parktng spaces
shall be landscaped wtth two hve oaks, compacta holly, and
ornamental grasses Ornamental grasses shall also be provtded
along the foundation of the buddtng parallel to Urchtn Road
The five foot area between the buddtng and the northern property
hne and the enttre length of the buddtng to the rear property hne
shall be landscaped wtth shade tolerant shrubs such as yaupon
holly, mkberry holly, or hgustrum, at a mtmmum of 36 tnches tn
hetght
The three (guesO parktng spaces adjacent to Urchm Road shall be
constructed wtth parking pavers tn heu of concrete or asphalt
pavement to contrtbute to an appearance of reduced lot coverage
by provtdmg addtttonal "green" area
This Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zontng Ordtnance
Adopted by the Councd of the Cay of Vtrgmta Beach, Virgmta, on the Twen_ty-seventh of November, Two
Thousand One
November 27, 2001
- 42 -
Item WI-K.L
PLANNING
ITEM # 48983 (Continued)
Voting 11- 0
Council Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L. Eure, Wdliam W Harrtson, Jr,
Barbara M. Henley, Louts R Jones, Reba S. McClanan, Robert C.
Mandtgo, Jr, Mayor Meyera E. Oberndorf Nancy K. Parker, Vice Mayor
Wilham D Sessoms, dr. and Rosemary Wdson
Councd Members Voting Nay'
None
Council Members Absent'
None
November 2 7, 2001
Item VI-K.Z
PLANNING
- 43 -
ITEM ii 48984
Upon motion by Vice Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl MODIFIED
CONDITION iii RE MODULAR UNITS on the June 8, 1999, approved Condttlonal Use Permit for
LONDON BRIDGE BAPTIST CHURCH
An Ordinance upon Apphcatton of London Brtdge Bapttst Church for a
Modification of Conditions placed on the appltcatton for a conditional use
permtt for a church addttton on June 8, 1999 SaMparcel ts located at 2460
Potters Road DISTRICT 6 - BEACH
The followmg condtttons shall be requtred
Modified' The expanston and landscaptng shall be tn substantial
accordance with the submttted stte plan entttled, "Condtttonal
Use Permtt Plan, Addttton to London Brtdge Baptist Church
Located at Potters Road," by Langley and McDonald, P. C, 2 7
Aprtl, 1999 Two additional modular units may be added behind
the existing church building next to the two modular units
shown on the plan. The two new trailers must be removed
within two years of the date of approval of this Modification of
Conditions request.
The expanston shall also be substanttally in keeping wtth the
colored rendering entitled, "London Brtdge Bapttst Church,
Proposed Elevatton," by Cosco and Assoctates, Inc. The brtck
wtll match the extstmg church to the greatest extent possible
Artght turn lane ts required into the eastern entrance and the
extstmg entrance tmmediately to the west shah be eltminated
Both are shown on the submttted stte plan
4 The proposed steeple will requtre a hetght vartance from the
Board of Zoning Appeals
The new sanctuary will be used prtmarily on Sundays, a low fly
day for NAS Oceana The applicant volunteers that the new
sanctuary wtll not be used on other days of the week for any event
or servtce wtth more than 700 attendees more than stx times per
year
6 If any stormwater management pond ts requtred, tt shall be
attracttvely landscaped, as approved the Plannmg Dtrector
Voting: 11-0 (By ConsenO
Counctl Members Votmg Aye.
Lmwood 0 Branch, IIL Margaret L. Eure, Wtlltam W. Harrtson, Jr,
Barbara M Henley, Louts R. Jones, Reba S McClanan, Robert C
Mandtgo, Jr., Mayor Meyera E Oberndorf Nancy K~ Parker, Vtce Mayor
William D Sessoms, Jr and Rosemary Wilson
Councd Members Vottng Nay.
None
Counctl Members Absent
None
November 27, 2001
Item VI-K.3.
PLANNING
- 44 -
ITEM # 48985
Upon moaon by Vtce Mayor Sessoms, seconded by Councdman Branch, Cay Councd APPROVED the
pettaons of UNITED JEWISH FEDERATION OF TIDEWATER for the dtsconttnuance, closure and
abandonment of Katte Brown Drive and Morrts Avenue
An Ordinance upon Apphcatton of Umted Jewtsh Federatton of Ttdewater
for the dlscontmuance, closure and abandonment of Katte Brown Drive
beglnmng at a point 345 35 feet north of Morns Avenue Said parcel
contatns 36, 341 square feet DISTRICT 2 - KEMPSVILLE
And,
An Ordtnance upon Apphcatton of Untted Jewtsh Federatton of T~dewater
for the dtsconttnuance, closure and abandonment of Morris Avenue
beginning at apotnt 345 35feet south of Katie Brown Drive Satdparcel
contains 29, 544 square feet DISTRICT 2 - KEMPSVILLE
The following conchttons shall be required
The Ctty Attorney's Office wdl make the final determination
regardtng ownership of the underlymgfee The purchase prtce to
be pard to the Ctty shall be determtned accordtng to the "Pohcy
Regardtng Purchase of Ctty 's Interest in Streets Pursuant to Street
Closures," approved by Ctty Councd Coptes of the pohcy are
avadable tn the Planmng Department
The apphcant must secure tttle to all porttons of Katie Brown
Drtve currently owned by the Commonwealth of Virginia (as to a
portton of the cul-de-sac) andEugene Taylor, Jr andAnne Taylor
as well as the Ctty of Virginia Beach
The apphcant must secure tttle to all porttons of Morrts Avenue
currently owned by the Commonwealth of Vtrgmta (as to aportton
of the cul-de-sac) Edwm B Ltndsley, Wdham Albrttton or hts
descendants (as to a portton of the cul-de-sac) as well as the Ctty
of Vtrgtnta Beach
Formal wrttten consent must be provtded by the adjacent property
owner on Katie Brown Drive, Mr Edwtn B Ltndsley, stating
agreement to the street closure and alternattve access to his
property
Formal wrttten consent must be provtded by the adjacent property
owners on Morrts Avenue, Mr W Letgh Ansell and Mr Edwtn B
Ltndsley, stattng agreement to the street closure and alternattve
access to thelr properaes
The apphcant ts required to resubdtvtde the property and vacate
internal lot hnes to tncorporate the closed area tnto the adjoining
parcels The plat must be submttted and approved for recordaaon
prior to final street closure approval
Alternattve access must be provtded on the street closure plat for
the properttes tdenttfied as GPIN#1467-82-7483 (Edwin B
Lmsley), GPIN #1467-92-1260, 1467-92-1213, 1467-92-8268
(Edwin B Lmdsley) and GPIN #1467-92-1208 (Ansell W Letgh,
et al)
The apphcant ts requtred to vertfy that no private utthttes extst
wtthtn the right-of-way proposed for closure Prehmmary
comments from the utthty compames mdtcate that there are no
prtvate utthttes wtthm the rtght-of-way proposed for closure If
prtvate utdmes do extst, easements satisfactory to the utdtty
company, must be provtded
November 27, 2001
- 45 -
Item VI-K.3.
PLANNING
ITEM # 48985 (Continued)
Closure of the rtght-of-way shall be conttngent upon comphance
with the above stated condtttons within 365 days of approval by
Ctty Councd If the conditions noted above are not accomphshed
and the final plat is not approved wtthin one year of the Ctty
Councd vote to close the rtght-of-way, thts approval shall be
constdered null and void
~ttng:
11-0 (By ConsenO
Council Members Voting Aye:
Ltnwood O. Branch, III, Margaret L Eure, Wilham W Harrtson, ,Ir, Barbara
M. Henley, Louts R~ `iones, Reba S. McClanan, Robert C Mandigo, Jr,
Mayor Meyera E Oberndorf Nancy K. Parker, Vtce Mayor Wtlltam D
Sessoms, ,Ir and Rosemary Wilson
Council Members Vottng Nay.
None
Council Members Absent
None
November 27, 2001
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND
DISCONTINUING A PORTION OF THAT CERTAIN STREET
KNOWN AS MORRIS AVENUE AS SHOWN ON THAT
CERTAIN PLAT ENTITLED: "EXHIBIT SHOWING STREET
CLOSURE FOR MORRIS AVENUE VIRGINIA BEACH,
VIRGINIA," A COPY OF WHICH IS ATTACHED HERETO AS
EXHIBIT A.
WHEREAS, on November 27,2001, United Jewish Federation of Tidewater applied
to the Council of the C~ty of Virginia Beach, V~rglma, to have the hereinafter described streets
discontinued, closed, and vacated; and
WHEREAS, it ~s the judgment of the Council that smd streets be discontinued,
closed, and vacated, subject to certmn condlt~ons hawng been met on or before November 26, 2002;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach, Vlrgima, that the
hereinafter described streets be &scontinued, closed and vacated, subject to certmn conditions being
met on or before November 26, 2002:
All that certmn p~ece or parcel of land s~tuate, lying and being ~n the
C~ty of V~rg~ma Beach, V~rg~ma, designated and described as
"DENOTES AREA OF STREET CLOSURE, TOTAL AREA =
29,544 SQ FT "shown as the cross-hatched area on that certmn plat
entitled. "EXHIBIT SHOWING STREET CLOSURE FOR
MORRIS AVENUE VIRGINIA BEACH, VIRGINIA," Scale:
1"--80', dated August 15, 2001, prepared by S~te Improvement
Associates, Inc., a copy of which is attached hereto as Exhibit A.
And being further described as: BEGINNING at southeast
~ntersect~on of Morris Avenue and Grayson Road, thence along east
s~de N 51031'45" W 32.82' to the northeast of ~ntersection of
Grayson Road and Morns Avenue; thence along north side of Moms
Avenue N 62022'49" E 712.26' to a point, thence continuing along
said road along a curve to the right having a radius of 50.00' for a
&stance of 59 20' to a pmnt, thence cont~nmng along smd road
N 57°41'34" E 25 32' to a point on west s~de of Norfolk-Virginia
Beach Expressway, thence along west s~de of smd road, along a curve
to the left having a radius of 3959 72' for a distance of 87 53' to a
point on south s~de of Morns Avenue; thence along smd road
S 62022'49" W 29.87' to a point; thence cont~nmng along smd road
along a curve to the right hawng a radius of 50 00' for a d~stance of
126.62' to a point; thence cont~nmng along said road S 62022'49'' W
698.96' to southeast intersection of Morns Avenue, smd point of
BEGINNING.
GPIN:
SECTION II
The following cond~nons must be met on or before November 26, 2002'
1. The C~ty Attorney's Office wall make the final determination regarding
ownership of the underlying fee. The purchase price to be prod to the City shall be determined
according to the "Pohcy Regarding Purchase of C~ty's Interest in Streets Pursuant to Street
Closures," approved by City Council. Copies of said pohcy are avmlable in the Planmng
Department.
2. The applicant must secure title to all portions of Morris Avenue currently
owned by the Commonwealth of V~rg~ma (as to a port~on of the cul-de-sac), Edwin B. Lindsley,
Wdham Albr~tton or h~s descendants (as to a portion of the cul-de-sac) as well as the City of Virginia
Beach.
3. Formal written consent must be provided by Mr. W. Le~gh Ansell and Mr.
Edwin B. Llndsley, the adjacent property owners on Morris Avenue, stating agreement to street
closure and alternative access to their properties
4 The apphcant ~s reqmred to resubdimde the property and vacate internal lot
lines to incorporate the closed area ~nto the adjo~mng parcels The resubd~v~s~on plat must be
submitted and approved for recordation prior to final street closure approval.
5. Alternative access must be provided on the street closure plat for the
properties identified as GPIN//1467-92-1260, 1467-92-1213, 1467-92-0268 (Edwin B. Lindsley)
and GPIN//1467-92-1208 (Ansell W. Leigh, et al)
6. The applicant is required to verify that no private utilities exist within the
right-of-way proposed for closure. Preliminary comments from the utility companies indicate that
there are no private utilities within the right-of-way proposed for closure. If private utilities do
exist, easements satisfactory to the utility company must be provided.
7. Closure of the right-of-way shall be contingent upon compliance w~th the
above stated conditions w~thln 365 days of approval by City Councd. If all conditions noted abgve
are not accomplished and the final plat is not approved w~thln one year of the City Council vote to
close the roadway, this approval shall be considered null and void
SECTION III
1. If the preceding conditions are not fulfilled on or before November 26, 2002,
this Ordinance will be deemed null and void without further action by the City Council.
2. If all conditions are met on or before November 26, 2002, the date of final
closure ~s the date the street closure ordinance is recorded by the City Attorney.
SECTION IV
A certffied copy of th~s Ordinance shall be filed in the Clerk's Office of the C~rcuit
Court of the C~ty of V~rg~ma Beach, V~rg~ma, and indexed ~n the name of the CITY OF VIRGINIA
BEACH as "Grantor"
Adopted by the Council of the City of Virginia Beach, Virginia, on th~s 2 7 th day
of November ,2001.
CA-8239
09/12/01
i \DataXATY\Forms\Decds\STCLOSU\WORKING\ca8239 etd
APPROVED AS TO CONTENT
Planmng~"~partment
APPROVED AS TO LEGALr~FFICIENCY
City Attorney
Map D-7
Map Not to Scmle
United
~ish Federation o Tidewater
~rc~
Street Closure- Katie Brown Dr. & Morris Ave.
ZONING HISTORY
1. Conditional Use Permit (Church)- Granted 11/5/63
2. Street Closure - Granted 10/7/85
3. Change of Zoning from O-1 Office to B-2 Community Business - Granted 5/4/87
4. Conditional Use Permit (billboard)- Granted 8/10/70
5. Conditional Use Permit (billboard) - Granted 8/10/70
6. Street Closure- Granted 9/5/78
7. Conditional Use Permit (billboard)- Granted 8/10/70
8. Change of Zoning from R-8 Residential to 0-2 Office - Granted 10/7/85
i
II
...J II
z~
o.
¥ ,I,I~IHX~
UNITED JEWISH FEDERATION / # 14 & 15
October 10, 2001
General Information:
REQUEST:
ADDRESS:
Street Closures
(#14) Discontinuance, closure and abandonment of Morris Avenue
beginning at a point 345.35 feet south of Katie Brown Drive.
(#15) Discontinuance, closure and abandonment of Katie Brown
Drive beginning at a point 345.35 feet north of Morris
Avenue.
Map D-7
.o,~ ~o ~o~ United Federation Tidewater
ELECTION
DISTRICT:
2 - KEMPSVILLE
Street Closure - Kate Brown Dr.
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION / # 14 & 15
Page 1
SITE SIZE:
PURPOSE:
STAFF
PLANNER:
(#14) 29,544 square feet
(# 15) 36,341 square feet.
To close these right-of-ways and incorporate them into adjoining
properties to allow development of the parcel.
Barbara Duke
Land Use, Zoning, and Site Characteristics:
Existing Land Use and Zoning
All of the property surrounding the subject streets is zoned 0-2 Office District. The
majority of the property is owned by Grayson Woods, LC and is currently vacant. There
is one billboard parcel adjacent to Katie Brown Drive and two billboard parcels adjacent
to Morris Avenue that are under different ownership.
Surroundinq Land Use and Zoning
North:
South:
East:
West:
Vacant land and billboard parcel zoned O-2 Office
District
Vacant land and billboard parcel(s) zoned 0-2
Office District
· Interstate 264
· Grayson Road
Zoninq History
A small portion of Katie Brown Drive was closed in 1978 at its eastern extremity to
accommodate an office building that has since been demolished. The property in th~s
area has been zoned for off~ce use since 1970.
Public Facilities and Services
Water and Sewer
Water:
There are no public water facihties in the right-of-ways proposed for
closure.
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION/# 14 & 15
Page 2
Sewer: There are no public sewer facilities in the right-of-ways proposed
for closure.
Public Works
There are no public works drainage facilities in the right-of-ways proposed for closure.
Private Utilities
There may be some existing Dominion Power facilities within the right-of-ways proposed
for closure that provide electrical service to the billboard sites.
Comprehensive Plan
The Comprehensive Plan recommends this area for retail, service, office and other
compatible use serv!ng surrounding neighborhoods.
Evaluation of Request
It is the intent of the applicant to acquire the property surrounding the subject right-of-
ways and to incorporate this area into a building site for a community center and school.
The community center and school are an allowed use within the 0-2 Office District. The
street closures are critical to the project's success. There are several outstanding legal
documents that have not been provided with the application. Based on t~tle research by
the applicant, there are five different underlying fee owners in these right-of-ways in
addition to the City. Further, the adjacent property owners of the b~llboard sites must
consent to an alternative means of access. Without the pending documentabon, the
applicant's interest in the street is not secure. Even with the City's consent, there is
significant risk associated with proceeding on this project without the necessary
documentation secured.
The Viewers Committee has determined that there is no future need for the subject
right-of-ways and that closure of the right-of-ways will not result in a public
inconvenience. The only parcels not owned by the applicant are the billboard sites
adjacent to Interstate 264, which are too small to have any further development
potential. Alternative access to these sites must be provided on the s~te development
plan for the community center. Approval of these street closures should be made w~th
the understanding that the closure will not be final unless and unbl the necessary legal
documentation is provided to the satisfacbon of the Planning Department and the City
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION / # 14 & 15
Page 3
Attorney Office. It is recommended that these street closures be approved with the
conditions below.
Conditions
·
The City Attorney's Office will make the final determination regarding ownership
of the underlying fee. The purchase price to be paid to the City shall be
determined according to the "Policy Regarding Purchase of City's Interest in
Streets Pursuant to Street Closures," approved by City Council. Copies of the
policy are available in the Planning Department.
,
The applicant must secure title to all portions of Katie Brown Drive currently
owned by the Commonwealth of Virginia (as to a portion of the cul-de-sac) and
Eugene Taylor, Jr. and Anne Taylor, as well as the City of Virginia Beach.
,
The applicant must secure title to all portions of Morris Avenue currently owned
by the Commonwealth of Virg;nia (as to a portion of the cul-de-sac), Edwin B.
Lindsley, William Albritton or his descendants (as to a portion of the cul-de-sac)
as well as the City of Virginia Beach.
,
Formal written consent must be provided by the adjacent property owner on
Katie Brown Drive, Mr. Edwin B. Lindsley, stating agreement to street closure
and alternative access to his property.
,
Formal written consent must be provided by the adjacent property owners on
Morris Avenue, Mr. W. Leigh Ansell and Mr. Edwin B. Lindsley, stating
agreement to street closure and alternative access to their properties.
.
The applicant is required to resubdivide the property and vacate internal lot lines
to incorporate the closed area into the adjoining parcels. The plat must be
submitted and approved for recordation prior to final street closure approval.
.
The applicant is required to verify that no private utilities ex~st w~thin the right-of-
way proposed for closure Preliminary comments from the utility companies
indicate that there are no private utilities within the right-of-way proposed for
closure. If private utilities do exist, easements satisfactory to the utility company,
must be provided.
.
Closure of the right-of-way shall be contingent upon compliance with the above
stated conditions within 365 days of approval by City Council. If the conditions
noted above are not accomplished and the final plat is not approved within one
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION / # 14 & 15
Page 4
year of the City Council vote to close the right-of-way this approval shall be
considered null and void.
INOTE:
Further conditions may be required during the
administration of applicable City Ord!nance$.
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION / # 14 & 15
Page 5
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION / # 14 & 15
Page 6
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION / # 14 & 15
Page 7
Planning Commission Agenda
October 10, 2001
UNITED JEWISH FEDERATION ! # 14 & 15
Page 8
Item #14 & #15
United Jewish Federation of Tidewater
Street Closure
Morris Avenue beginmng at a point 345.35 feet south of Katie Brown Drive
District 2
Kempsville
October 10, 2001
REGULAR AGENDA
Robert Miller: The next items are items 14 and 15 United Jewish Federation of Tidewater and I
have two speakers, Jay W~lkes and Claude Lym.
Jay Wilkes: For the record my name is Jay Wilkes speaking on behalf of the applicant, Umted
Jewish Federation of Tidewater, Inc. Mr. Lym on behalf of Site Improvements Associates, Inc. is
here with me. We have rewewed all of the conditions ~mposed or suggested in connection with
the closure of these two streets and we are in accord with them. We have met prior to today's
session with Kevin Bernick and (inaudible) who is represent and speak on behalf of Ed Lindsey
and they had him on the phone while we were in the hall discussing the conditions and what we
must do with what we plan to do before City Council meeting and Mr. Lindsey ~s ~n accord with
the procedure of proceeding with these closures and we will try to get with h~m before Council
meeting. The problem we have had up until this point is because of his health conditions. It has
been difficult to get w~th him. I personally met with him two months ago at the t~me the
apphcations were being planned and when they were being filed and when he was in accord with
the closure of the streets we had not done a title examination but he is amenable to the closure.
We will deal with h~m on the acquisition of his interest and providing to him a private access
easement initially over the streets once closed and will be substituted with ap access around the
project but as they build the major facility, ~t w~ll be built over Morris Avenue ~na i believe
many of you may have seen the plan but this is the new Jewish Community Famli:,,; ,nich will
house the Jewish Cormnumty center and the Hebrew Academy and it is physically located over
Morris Avenue. Katie Brown will be down here incorporated into the tennis courts, etcetera. So
that there ~s nowhere we could move this bmlchng. We have got to deal with the closure of
Morris Avenue for this project to proceed. We had made arrangements to acquire all of this
property that is shaded and we are trying to acquire it before the end of the year. We had some
time frames both from the point of view of the seller and our needs and so basically what we are
asking is ~n light of our conversation today with Kewn and Cal that the Planning Commission
approve or recommend approval of the closures to Council and we will, assuming we could get
to Mr. Lindsey before Councd which we have every intention of doing, we will deal with the
acquisition ~ssues of it and others interest of it in these streets.
Charhe Salle': Any questions? I guess Jay, I had one question. Have you also met with Leigh
Ansell?
Jay Wxlkes: Yes, I met with Le~gh Ansell and Leigh, I believe, has submitted a letter of approval
Item #14 & #15
United Jewish Federation of Tidewater
Page 2
and we have talked - I personally have talked with him about the private access easement for his
property and he is in accord with it.
Charhe Salle': Any questions? That is all the speakers we have so we have a tnotion.
Cheryl Avery-Hargrove: Since everytlung has been taken care of according I would see no
problem with the street closure, so I make a motion for approval.
Charlie Salle': Can I have a second?
Robert Miller: Second.
Charhe Salle': Motion by Cheryl Avery-Hargrove seconded by Bob Miller to approve the
application.
John Baum: As I stated in informal session, I am concerned about procedure. If things works
well, I have nothing against the project, but I have always thought the viewers were always so
conservaUve, I would just feel better if these legal items would be cleared up and I understand
what you said about an appraisal on the City's portion to be done until that is done. I also
wonder this procedure has been followed often by the Council and it is appraised. I have never
seen what paid and I know when you (inaudible) property in a good location, it gains values it
don't lose it. If land is worth 20,000 or what per acre you don't say you got two acres and
multiply that by two. You made a very valuable contribution so I am just concerned about the
procedure and that is the only reason why I am going to vote against it.
Charhe Salle': Any other questions or comments?
AYE10 NAY1 ABS0 ABSENT0
ATKINSON AYE
AVERY-HARGROVE AYE
BAUM
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
NAY
Charhe Salle': By a vote of 10 to 1 you have approved the apphcatlon of the United Jewish
Federation for street closures on Morris Avenue and Katie Brown Drive.
Item #16
City of Virginia Beach
Ordinance to amend the City Zoning Ordinance
To Modify the perrmtted and conditional uses and other requirement
October 10, 2001
DEFERRAL
Charles Salle': Do we have any requests to defer or withdrawn items?
Eddie Bourdon: Thank you Mr. Chairman. For the record, Eddie Bourdon, Virginia Beach
attorney. On items #1 through 4 as is indicated in the agenda. I represent the applicant and
request deferral on those items.
Charles Salle': Is there any opposition to the deferral of items 1 through 4, West Neck
Properties?
Thank you. Are there any other requests to defer items? We have information that there are
some other ~tems that will need to be deferred. Items 5 and 6, Terry Peterson/Residential Ten. Is
there any opposition to the deferral of those items? Item #8, Big Bertha Investments. Is there
any opposition to the deferral of that item? Number 12, R & T LLC. Is there any opposition of
deferral to that item? Number 16, City of Virginia Beach amendment to the RT3-A Resort
Tourist District. Is there any opposition to the deferral of that item? Could we have a motion
deferring the items listed?
Cheryl Avery-Hargrove: So moved.
Charles Salle': I have a motion by Cheryl Avery-Hargrove, seconded by Don Horsley to defer the
~tems hsted. And we have...
Robert Miller: I need to abstmn from ~tems 5 & 6, 8, and 12 on all those, my firm is working on
the project.
Betsy Atkinson: Mr. Salle'. In the informal session we had indicated that maybe #25 might be
deferred. Does staff have any feeling on that at this time?
Stephen White: No, we don't.
Betsy Atkinson: Is the applicant here? Item #25?
Charles Salle': Is there anybody here in connection to Item 25?
Stephen White: Is the applicant here? I think you are going to have to hear
Charles Salle': Okay we have a motion made and seconded.
Item # 16
City of Virginia Beach
Page 2
AYEll NAY0 ABS0 ABSENT0
ATKINSON AYE
AVERY-HARGROVE AYE
BAUM AYE
DIN AYE
HORSLEY AYE
MILLER AYE
RIPLEY AYE
SALLE AYE
STRANGE AYE
VAKOS AYE
WOOD AYE
Charhe Salle': By a vote of 11 to 0 with Bob Miller abstaining on items 5 & 6, 8 and 12 you have
deferred items 1 through 4, 5 & 6, 8, 12 and 16.
APPLICATION
PAGE 4 OF 4
STREET CLOSURE
CITY 'OF,VIRGINIA BEACH
Applicant's Name:
DISCLOSURE STATEMENT
United Jewish Federation of Tidewater
List AH Current
Property Owners:
Ansell, Leigh W. & Joyce
Lindsay, Edwin B.
Grayson Woods, LC
PROPERTY OWNER DISCLOSURE
If the property owner is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
N/A
If the property owner is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list
all members or partners in the organization below: (Attach list if necessary)
[~ Check here if the property owner is NOT a corporation, partnership, firm, or other unincorporated
organization.
If the applicant is not the current owner of the property, complete the Applicant Disclosure section below:
APPLICANT DISCLOSURE
If the applicant is a CORPORATION, list all officers of the Corporation below: (Attach list if necessary)
SEE ATTACHED
If the applicant is a PARTNERSHIP, FIRM, or other UNINCORPORATED ORGANIZATION, list all
members or partners in the organization below: (Attach list if necessary)
N/A
Check here if the applicant is NOT a corporation, partnership, finn, or other unincorporated organization.
CERTIFICATION: I certify that the information contained herein is true and accurate.
Signature
Print Name
Rev
United Jewish Federation of Tidewater
2001-2003
President
President-Elect
Vice Presidents
General Campaign Chairman
Secretary
Treasurer
Immediate Past President
Executive Vice President
Toni Sandier
Ron Kramer
Alan Frleden
Dr. Edward Karotkin
Robert Josephberg
Lonny Sarfan
Alan Fdeden
Dr. Abbey Horwitz
Jody Wagner
Annabel Sacks
Mark L. Goldstein
Item V1-K. 4.
- 46 -
PLANNING
ITEM # 48986
Upon motton by Vtce Mayor Sessoms, seconded by Councdman Branch, Ctty Councd ADOPTED the
Ordtnance upon apphcation of CITY OF REFUGE CHRISTIAN CHURCH OF VIRGINIA BEACH for
a Condtttonal Use Permit for church servtces and church related acttvtttes
O~INANCE UPON APPLICATION OF CITY OF REFUGE
CHRISTIAN CHURCH OF VIRGINIA BEACH FOR A
CONDITIONAL USE PERMIT FOR CHURCH SERVICES AND
CHURCH RELATED ACTIVITIES ROI 1013093
BE IT HE. BY O~AINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordmance upon Apphcaaon of Ctty of Refuge Chrtsaan Church of
Vtrgmta Beach for a Condmonal Use Permtt for church servtces and church
related acttvtttes at the southeast corner of Holland Road and Stoneshore
Drtve (GPIN #1486-82-3088). Satdparcel ts located at 3420 Holland Road
and contatns 1 363 acres DISTRICT 3 - ROSE HALL
The followtng condtttons shall be requtred
All necessary permits and tnspecttons, and a ceraficate of
occupancy, shall be obtatned from the Permtts and Inspections
Dtvtston of the Ctty of Vtrgmta Beach Plannmg Department
before occupancy and use of the umts as a church
2 Thts Condtttonal Use Permtt shall be for aperiod of three years
Thts Ordtnance shall be effecave tn accordance wtth Sectton 107 (1) of the Zomng Ordtnance
Adopted by the Councd of the City of Vtrgmta Beach, Vtrgtnta, on the Twen_ty-seventh qf November, Two
Thousand One
Votmg 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, IIL Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyers E Oberndorf Nancy K Parker, l/ice Mayor
Wdham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay'
None
Councd Members Absent
None
November 27, 2001
Item VI-K.$
-47-
PLANNING
ITEM ii 48987
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED an
Ordinance upon application of A VIS RENT-A-CAR SYSTEM, INC. -ANNE LO MONACO for a
Conditional Use Permit for motor vehicle rentals
ORDINANCE UPON APPLICATION OF AVIS RENT-A-CAR
SYSTEM, INC. - ANNE LO MONACO FOR A CONDITIONAL USE
PERMIT FOR MOTOR VEHICLE RENTALS RO11013094
BE IT HE. BY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordinance upon Apphcatton of Avis Rent a Car System, Inc - Anne Lo
Monaco for a Conditional Use Permit for motor vehicle rentals at the
northwest corner of Rosemont Road and Virginia Beach Boulevard (GPhV
#1487-54-6550) Satdparcel is located at 3664 Virginia Beach Boulevard
and contains 18,295 2 square feet DISTRICT 5 - LYNNHA VEN
The following conditions shall be reqmred
1 The renting of trailers or trucks shall be prohibited
o
There shall be no on-rote washmg, detathng, repair or
maintenance of any motor vehicle on the site Vacuuming of the
mtertor of vehicles may be done directly adjacent to the bmldmg,
provided the vacuuming equipment (excluding the hose) is
installed and enclosed entirely within the building and is not
audible beyond the subject property
No storage of rental cars shall be permitted tn the drive-through
aisle or drive-through window area
No addtttonal freestandmg stgns, outbuildings or other structures
shall be permitted
There shall be no mgnage installed on the portion of the bmldtng
facing Virginia Beach Boulevard
No more than twelve (12) rental vehicles shall be stored on the
site at any time
No new outdoor lighting shall be added to the site without
authorization from the Planmng Director In the event that the
existing outdoor hght fixtures are replaced, any new fixture shall
not be erected any higher than fourteen (14) feet and shall be tn
accordance with Section 23 7 of the City Zoning Ordinance (CZO)
such that all outdoor lights and glare shall be deflected, shaded
and focused away from all adjotnlng property
No outdoor paging system, outdoor loudspeakers or outdoor
music shall be permitted
A landscape plan shall be submitted showmgaddtttonal
streetfront plantings along Virginia Beach Boulevard in
accordance with Section 5a of the Site Plan Ordinance All
plantings shall be lnstalledprtor to occupancy Existing trees and
landscaping shall be retained and mamtatned tn good health
November 27, 2001
Item VI-K.$
PLANNING
- 48 -
ITEM # 48987 (Continued)
10
A Certtficate of Occupancy shall be obtatned from the Ctty
Buddtng Offictal prtor to occupancy
11 The extsttng stx (6)foot htgh fence shall be matntatned tn good repatr
This Ordtnance shall be effecttve tn accordance wtth Sectton 107 09 of the Zomng Ordtnance
Adopted by the Counctl of the Ctty of Vtrgtnia Beach, Vtrgmta, on the Twenty-seventh o_f November, Two
Thousand One
Vottng 11-0 (By ConsenO
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wllham W Harrtson,
Jr ,Barbara M Henley, Louis R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vice Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Counctl Members Vottng Nay
None
Counctl Members Absent
None
November 27, 2001
Item VI-K. 6.
- 49 -
PLANNING
ITEM ii 48988
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl DEFERRED
INDEFINITELY Ordtnance upon apphcatton of OCEAN BAY VENTURES, L.L.C., a Vtrgtnta Ltmtted
Ltabthty Corporatton, for a Change of Zontng Dtstrtct Classt_ficatton from I-1 Ltght Industrtal and R-5D
Restdenttal Duplex to Conditional A-24 Apartment
ORDINANCE UP ONAPPLICA TION OF OCEAN BA Y VENTURES, L L C,
A VIRGINIA LIMITED LIABILITY COMPANY, FOR A CHANGE OF
ZONING DISTRICT CLASSIFICATION FROM I-1 AND R-5D TO
CONDITIONAL A-24
An Ordtnance upon Apphcatton of Ocean Bay Ventures, L L C, a Vtrgtnta
hmtted hablhty company, for a Change of Zontng Dlstrtct Classt_ficatlon
from I-1 Light Industrial Dtstrtct and R-5D Restdenttal Duplex District to
Condtttonal A-24 Apartment Dtstrtct on certatn property located at the
northwest corner of the Norfolk & Southern Railroad right-of-way and
Cypress Avenue (GPIN #2417-94-4482) Theproposedzontng classtficatlon
change to Conditional A-24 ts for multt-famtly land use at a denstty no
greater than 24 dwelhng units per acre The Comprehenstve Plan
recommends use of these parcels for suburban restdentlal/medtum and htgh
denstty use Satd parcel contains 2 89 acres more or less DISTRICT 6 -
BEACH
Votmg 11-0 (By Consent)
Counctl Members Votlng Aye
Llnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrison, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C.
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wilson
Counctl Members Voting Nay
None
Counctl Members Absent
None
November 27, 2001
Item VI-K. 7.
- 50-
PLANNING
ITEM # 48989
Upon motton by Vtce Mayor Sessoms, seconded by Counctlman Branch, Ctty Counctl ADOPTED an
Ordtnance upon apphcatton of ALICIA A. MAHAR for a Condtttonal Change o_f Zomng
APPLICATION OF ALICIA A. MAHAR FOR A CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM R-20 RESIDENTIAL DISTRICT TO
CONDITIONAL A G-2 AGRICULTURAL DISTRICT ZO11 O11214
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
An Ordtnance upon Apphcatton of Ahcta A Mahar for a Change of Zontng
Dtstmct Classtficatton from R-20 Resldenttal Dtstrtct to Condtttonal AG-2
Agrtcultural Dtstrtct on the north stde of Prtncess Anne Road, 883 26feet
west of Newstead Drtve (GPIN #2424-05-7877) The proposed zonmg
classtficatton change to Condtttonal AG-2 ts for agrtculture land use The
Comprehenstve Plan recommends use of thts parcel for suburban
restdenttal/low denstty use tn accordance wtth other Plan pohctes Satd
parcel ts located at 2186 Prtncess Anne Road and contatns 1 633 acres
DISTRICT 7 - PRINCESS ANNE
The followmg condltton shall be reqmred
1 An Agreement encompasstngproffers shall be recorded with the Clerk
of Ctrcutt Court
Thts Ordtnance shall be effective tn accordance wtth Sectton 107 O0 of the Zontng Ordmance
Adopted by the Counctl of the Ctty of Vtrgtnta Beach, Vtrgtma, on the rwen_ty-seventh of November, Two
Thousand One
Vottng 11- 0 (By Consent)
Counctl Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wtlham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wtlham D Sessoms, Jr and Rosemary Wtlson
Council Members Vottng Nay
None
Counctl Members Absent
None
November 27, 2001
City o£ Virginia Reach
]MTE~-OFFICE CO~ESPONOENCE
In Reply Refer To Our File No. DF-5442
DATE:
FROM: DEPT:
November 12, 2001
TO: Leslie L. Lilley DEPT: City Attorney
B. Kay Wilson~
Conditional Zoning Application
Alicia A. Mahar
City Attorney
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 27, 2001. I have reviewed the subject proffer agreement,
dated October 22, 2001, and have determined it to be legally sufficient and in proper legal
form. A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
DEED OF COVENANT AND AGREEMENT
ALICIA A. MAHAR
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporabion of the Commonwealth of Virginia.
THIS AGREEMENT, made this ,~?/~day of October, 2001, is by and between
ALICIA A. MAHAR, Property Owner, GRANTOR; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTEE.
WHEREAS, the GRANTOR is the owner of one (1) contiguous parcel of property
located in the Princess Anne District of the City of Virginia Beach, comprising a total of
approximately 2.1 acres, said parcel being known, numbered, and designated as follows:
ALL THAT certain lot, piece or parcel of land, with the buildings and
improvements thereon, situate, lying and being in the City of Virginia Beach,
Virginia, and being known, numbe~d and designated as Site "A-1" as shown
on that certain plat entitled "Resubdivision of Site "Ah 'Subdivision of a
Portion of the Woodrow W. White Estate' and Parcel Designated as '1.017
Acs. To old R/W line' on Plat Entitled 'Subdivision of Part of Property
Shown on Plat Entitled 'Plan of Property of Mrs. Grace W. Prince', Virginia
Beach, Virginia~ dated May 9, 2001, scale 1" -- 50', by L. S. Rood, P.C.,
Land Sur,~ors, said parcel containing 1.633 acres, more or less, which plat
is duly recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia in May Book 296, Pages 29 & 30.
WHEREAS, the parcel is hereinafter referred to as the "Property"; and
WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning
Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE, so
as to change the Zoning Classification of the Property from R-20 to Conditional AG2; and
Prepared by:
James W. Lam, Esquire
2425 George Mason Drive #209
Cou,thouse Commons Building
Virginia Beach VA 23456
G PI N: 2414 05 7877 0000
WHEREAS, the GRANTEE'S policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation; and
WHEREAS, the GRANTOR acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the area of
the Property and at the same time to recognize the effects of change, and the need for
various types of uses, certain reasonable conditions governing the use of the Property for the
protection of the community that are not generally applicable to land similarly zoned are
needed to cope with the situation to which the GRANTOR'S re-zoning application gives
rise; and
WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and
prior to the public hearing before the GRANTEE, as a part of the proposed amendment to
the Zoning Map, in addition to the regulations provided for by the existing overall Zoning
Ordinance, the following reasonable conditions related to the physical development,
operation, and use of the Property to be adopted as a part of said amendment to the Zoning
Map relative and applicable to the property, which have a reasonable relation to the re-zoning
and the need for which is generated by the re-zoning.
NOW, THEREFORE, the GRANTOR, for themselves, their successors, personal
representatives, assigns, GRANTEE, and other successors in tide or interest, voluntarily and
without any requirement by or exaction from the GRANTEE or its governing body and
without any element of compulsion or guid ?ro gua for zoning, re-zoning, site plan, building
permit, or subdivision approval, hereby makes the following declaration of conditions and
restrictions which shall restrict and govern the physical development, operation, and use of
the Property and hereby covenants and agrees that this declaration shall constitute covenants
running with the Property, which shall by binding upon the Property and upon all parties
and persons claiming under or through the GRANTOR, its successors and assigns,
Grantees, and other successors in interest or title:
1.
The conditional use of the property shall be restricted to the keeping,
quartering and maintaining of a horse previously identified by the GRANTOR
and GRANTEE and commonly referred to among them as "Mickey", an
approximately 24-year-old American Quarter-horse. No other horse, or
horses, of any kind, gender, age or breed shall be permitted on the property for
the purposes outlined in this section at any time during the course of the re-
zoning herein permitted.
e
That no form of commercial boarding, housing, maintaining, leasing, riding,
showing, training, breeding or any other cognizable equestrian activity (s) of
any kind or nature shall be permitted on the property.
e
A category IV landscape buffer shall be established and maintained along the
north and west property lines and shall be established and maintained at such
other places on the property as the GRANTEE may require from time to time
for the duration of this agreement.
4.
GRANTOR covenants and agrees to convert, or cause to be converted, within
a reasonable period of time, a portion of the existing five-car garage located
near the rear of the property into stable facilities sufficient to quarter the horse
identified herein.
5~
The following activities inherent to AO-2 zoning shall not be permi~ on the
premises at any time during the term of this Agreement:
Agricultural, aquacultural, and horticultural uses, including orchards,
vineyards, nurseries and the raising and grazing of livestock, poultry and swine
and the keeping of bees, other than the horse referenced herein.
Building-mounted antennas.
Recreational and amusement activities, as specified in and subject to the
provisions of subsection (c) of Section 401 of the Zoning Ordinance.
Child caze education centers in connection with public or private elementary
schools or ch~ches.
Fish hatcheries and fish ponds.
e
Disposal of waste shall be conducted on the property at a minimum of twice
daily and additionally as often as necessary to ensure sanitary conditions
commensurate to those imposed on owners of residential property for the
keeping of domestic animals.
Further conditions may be required by the GRANTEE during detailed Site
Plan review and administration of applicable City Codes by ail cognizant City
agencies and departments to meet all applicable City Code requirements.
The above conditions, having been proffered by the GRANTOR and allowed and
accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning of the
Property and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zo,~ing Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however, may be repealed, amended, or varied by
written instn~ment recorded in the Clerk's office of the City Court of the City of Virginia
Beach, Virginia, and executed by the record owner of the Property at the time of recordation
of such instrument, provided that said instrument is consented to by the GRANTEE in
writing as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the GRANTEE, after a public heaxing before the GRANTEE which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950,
as mended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
The GRANTOR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested
with all necessary authority, on behalf of the governing body of the City of Virginia Beach,
Virginia, to administer and enforce the foregoing conditions and restrictions, including the
authority (a) to order, in writing, that any noncompliance with such conditions be remedied,
and (b) to bring legal action or suit to insure compliance with such conditions, including
mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit,
or proceeding;
(2) The failare to meet all conclitions and restrictions shall constitute cause to deny
the issuance of any of the required building or occupancy permits as may be appropriate:
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these
provisions, the GRANTOR shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zo,~ing Map may show by an appropriate symbol on the map the existence
of conditions attaching to the zoning of the Property, and the ordinances and the conditions
may be made readily available and accessible for public inspection in the office of the Zoning
Administrator and in the Planning Department, and they shall be recorded in the Clerk's
office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the
names of GRANTOR and the GRANTEE.
WITNESS the following signature and seal:
EXL)
ALICIA ~ MAHAR, GRANTOR
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
~_ The foregoing instrument was sworn, s~ and acknowledged before me this
¢2'~ay of October, 2001, by Ahcia A. Ma[~ :, '~ .
NO~I~ PUBLIC
My Commission Expires:
- 51 -
Item VI-K. 8
PLANNING
ITEM # 48990
The followtng regtstered tn SUPPORT
Btlly Almond, 209-70th Street, Phone, 422-9522
Attorney Edward Bourdon
The followtng registered tn OPPOSITION:
Attorney Michael Barney represented Norman Kahn, and read Mr Kahn's statement into the record,, 3624
Shorehne Drive, Portsmouth, Phone 484-4466
George A Wtlkte, 3752 Jefferson Boulevard, Phone 460-6139
Upon morton by Councdman Harrison, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED an
Or&nance to AMEND 39502 of the Ctty Zomng Ordtnance
Ordtnance to AMEND 3g502 of the Ctty Zonmg Ordmance (CZO), reducing
rear and side yard setback requirements for certatn accessory structures tn
all restdenttal zomng dtstrtcts, increasing rear yard setback requirements
for duplex and semtdetached dwelhngs tn R-5R Restdenttal Dtstrtcts,
estabhshtng a maximum limitation on impervious surface coverage for
stngle-famdy, duplex and semidetached dwelhngs tn the R-SR Restdenttal
Dtstrtct and, including garages tn the determtnatton of floor area ratto for
duplex and semtdetached dwelhngs tn R-SR Restdenttal Dtstrtct.
The proposed amendments address the followtng tssues
1 Apparent tnequtty of the rear yard setbacks for stngle-famdy
dwelhngs versus duplex dwelhngs tn the R-5R Dtstrtct
Determtmng an alternattve method to mandate a mtntmum of
green space on a lot tnstead of using the total coverage of the lot
by buddtng tn the R-SR Dtstrtct
An attempt to decrease the overall mass of the structures by
addresstng how garage space ts calculated as part of the floor
area reqmrements tn the R-5R Dtstrtct
Excessive vartance requests to the Board ofZomng Appeals (BZA)
concermng setbacks for accessory structures tn all restdenttal
zomng dtstrtcts
At the Planmng Commtsston Heartng, the Commission mo&fled two items tn the ortgtnal amendment
proposal, whtch are reflected tn the amendment
The Commtsston changed the 800 square feet of garage space
(400 square feet per unto exempted form the calculatton of floor
area ratto to 1000 square feet (500 square feet per unto
2 The Commtsston changed the permttted hetght for accessory
structures from 14feet at the peak to 8feet at the eave
Vottng 11-0
Councd Members Vottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham PV Harrtson, dr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Man&go, Jr, Mayor Meyera E Oberndorf, Nancy K Parker, Vtce Mayor
Wdham D Sessoms, dr and Rosemary I/Vdson
Counctl Members Voting Nay
None
Councd Members Absent
None
November 27, 2001
Members of the North Virginia Beach Civic League
The NVBCL Zoning Review Committee (ZRC) has been very busy working with the
City of Virginia Beach's Planning Department in an attempt to move our Zoning
Ordinance revisions forward along the legislative process. Our current goal is to revise
the manner in which duplex condominiums and duplex apartments are developed within
the R5R zoning which is the majority zoning of our civic league area. The ZRC came
before the general membership several months ago with a presentation regarding duplex
development issues. These issues centered around rear yard setbacks, amount of a parcel
of land that a developer can cover with building and pavements (impervious cover), mass
and scale of duplexes, and the general design of duplexes.
The ZRC's concern about setbacks was that single-family development required a 20' rear
yard setback whereas a duplex required only 10'. Duplexes are generally much taller box
like structures that if continued to be constructed only 10' off the rear line could
ultimately create cavernous rear yards of only 20' between structures in the rear lot areas
The ZRC is requesting that the rear yard setback for duplexes be brought in line with
single-famdy structures requiring 20' from the rear property line thus providing 40' of
open space between structures in the rear yard. Remember that setbacks are our only tool
to provide open green space between buildings!
The ZRC's concern about impervious cover was made evident in our presentation to the
general membership. Many duplexes at the North End are almost entirely paved with
impervious cover (concrete, asphalt, etc.). This paving, which is in addition to the
impervious cover of the duplex building itself greatly, increases the stormwater runoff to
our streets and adjoining properties. Any one who has lived here for any period of time
needs no introduction to our flooding problems! This issue suggested that there be some
limitation to the amount of a site that can be covered in impervious cover. Currently,
there is no ordinance affecting impervious cover. The result of which has been
overdeveloped parcels that shed enormous amounts of rainwater into our antiquated
stormwater system. The ZRC has worked with the city and after careful the Zoning
Departments analysis of duplex development site plans submitted over the last three years
has determined that a properly designed duplex with associated driveway, parking,
sidewalks, and normal deck construction covers averages about 59% of a standard 50' x
150' lot. Our recommendation that has been supported by City Planning and City Zoning
is to set a maximum of 60% impervious cover on a R5R zoned site.
The ZRC's concern about the shear mass and scale of the recent duplex development has
resulted in our looking at ways to reduce the impact of duplex development. The current
zoning ordnance has a clause that sets a limit of how many interior square feet a duplex
can encompass. We do not have an issue with the maximum but the catch is that garages
are not included in this maximum square footage number. This has resulted in duplex
development getting started with a 500 square foot garage that does not count in the total
interior square footage maximum set by the code. These 500 square feet of garage is in
addition to the interior square footage. The ZRC has found through its research that this
greatly affects the size, mass and scale of these large box duplex developments.
Therefore, we have included within our zoning revision initiative that garages be
included in the interior square footage calculations.
Finally the City Planning Department and the City Zoning Department asked the NVBCL
to consider allowing them to revise the zoning ordinance with regards to accessory
structures. They contend that accessory buildings have dominated many of the Board of
Zoning Appeals agendas and they would like to revise the code to allow reasonable
accessory buddings to be constructed within the current side yard and rear yard setbacks.
The ZRC worked with the city to control the height and size of these accessory buildings
and feel confident that this will have little impact on our neighborhood.
The actual wording of the zoning ordinance revisions is as follows:
1. Reduce rear and side yard setback requirements for accessory structures no
larger than 150 square feet in area and no higher than 14 feet in all residential
zoning districts to 5 feet except when adjacent to a street or body of water (Lines 56-
77);
2. Increase rear yard setback requirements for duplex and semidetached
dwellings in the R-5R Residential District (Line 227);
3. Establish a maximum limitation of 60% of lot size on impervious surface
coverage for duplex and semidetached dwellings in the R-SR Residential District
(Lines 243-249); and
4. Require the area encompassed by garages to be included in the calculation
of floor area ratio for duplex and semidetached dwellings in the R-5R Residential
District (Lines 235-242).
Over the last year we have worked with Faith Christie from the Planning Department and
Karen Lasley from the Zoning Department to refine these proposals into a package that
presented a sound opportunity for success within the legislative process at the city. We
are now at the starting gate of the legislative process. The proposal is planned to go to
City Council possibly on April 24th or soon thereafter at which time the normal process is
that it will be sent to the Planning Commission. The Planning Commission will hold
public hearings on this and other matters as part of the normal process. Once this process
has mn its course, a recommendation will be sent to City Council for their final
consideration Hopefully we will be successful and will take the first step in the process
of changing the way developers can build duplexes in our neighborhood. We will need
residents to go to the Planning Commission hearing and speak on behalf of our
initiatives~
It is imperative that we move forward now! Approximately 35% of our neighborhood IS
now in duplex development. Under current zoning law there is nothing controlling the
number of duplexes. It is possible that we could see 50% of our neighborhood in duplex
condominiums over the next few years. We need your support now! The NVBCL
Zoning Review Committee needs you to contact members of city council and members of
the planning commission and tell them that you are concemed about duplex development
in our neighborhood. Tell them that you support the NVBCL's initiatives. You can call
the city clerk's office at 427 - 4303 to get the member information of the city council and
city planning at 427 - 4621 for planning commission or go on line at
http://www vbgov.com/City Hall/. To obtain City Council members information go to
http://www vlrginia-beach.va.us/cityhall/govt/council html. To obtain Planning
Commission members go to http./,'www v~rgm~a-
beach va u~/dcpt/planning/Boards/pcmcmbers.html. This will list the Planning
Commissioners whom some of you may know. You may wish to access the NVBCL
website at x~ xx w.northendvb.org to obtain the commissioners information. We need to
you to contact these people and let them know you support the NVBCL initiatives.
Please understand that there is opposition to our initiatives from the development
community Several duplex developers have been contacting residents and land owners
(especially those with undeveloped lots) and scaring them into thinking that the NVBCL
is trying to de-value their property. This is not true as anyone can continue to develop
their site as a duplex development. We are trying to protect the character of our
neighborhood by requiring that the duplexes be developed with more sensitivity to our
neighborhood! Several of these developers do not even live amongst us but profit from
developing our neighborhood and return home to their neighborhood elsewhere in the
city. We need your support now! Should you have any questions, please feel free to call
Billy Almond or Dave Jester about the Zoning Review Committee's initiatives.
Billy Almond
Chair
NVBCL Zomng Review Committee
Ruth Smith - Snug Harbor Development Ltr doc doc Page 1 ]
NORTH VIRGINIA BEACH CIVIC LEAGUE
ZONING REVIEW COMMITTEE
MEMO
Mr A R Gregor, Jr, President
Snug Harbor Development, L.L.C
1728 V~rglma Beach Blvd, State 109
V~rgima Beach, V~rglma 23454
July 12, 2001
Dear Mr Gregor
I am in receipt of your June 30, 2001 memorandum regarding the North Vlrg~ma Beach C~wc
League's lnmat~ves concerning duplex development and as Chmr of the NVBCL Zomng Rewew
Committee (ZRC) the committee felt ~t prudent to respond to your comments As a hfe long
resident (1952) of the north end, a child of a long Ume Udewater general contractor (54 years),
and raised ~n the regions construcUon industry, I made a personal decision to get involved with
my neighborhood and how it was developed I have watched it change from clusters of single-
family beach cottages to a prollferaUon of mulU-famdy structures that have greatly affected the
look and feel of the neighborhood m which our enUre commmee resides
When I became president of the NVBCL in 1998, It was my s~ngle goal to form a committee of
volunteers to research the ~ssue of multi-family & commercml development at the North End,
lnqmre as to the number ofvarmnces granted for mulu-famdy development, and help monitor the
c~ty wah regards to lnspecUons & the need for varmnces After three years, over 250 variance
cases, countless meetings with city staff, c~ty council members and zoning & building officials I
can also assure you that the 14 members of the NVBCL Zoning Review Committee have a clear
understanding regarding mulu-famfly duplex development m R5R and R7 5 zomng ~n V~rg~nm
Beach
The ZRC ~s not agmnst duplex development, we are agmnst poor s~te planmng, ambiguous or
non-emstent architectural design & needless variances Many of our ZRC members are
architects, landscape architects, developers, lawyers, ~ntenor designers, and economists who are
well educated, have traveled the country, viewed countless good designs, well-planned
communities and know that V~rg~ma Beach has room to ~mprove
As you may or may not be aware, the current city code reqmres that in R5R zomng a duplex must
be constructed on a 10,000 square foot lot Unfortunately, for many years developers have not or
did not follow that reqmrement and we have been burdened with a multitude of"grandfathered"
s~tuat~ons The North V~rglma Beach C~v~c League, in a rather heavily attended May 2000
general meeting, voted overwhelmingly to pursue the zoning lmtlat~ves that our commlltee has
formulated and presented to the Zomng & Planmng Dept The overwhelming concern of the
Clwc League was to preserve the residential character of the North End Dave Jester and l were
Ruth Smith - Snug Harbor Development Ltr doc doc
Page 2 i
asked to be the spokespersons for the C~wc League
Ruth Smith - Snug Harbor Development Ltr doc doc
Page 3 ]
In an effort to make the Civic League's position clear, I will respond to your comments regarding
duplexes
1 "Many have been butlt after the demohtton ofdecreptt properttes, whtch had reached the end
of thetr economtc hves "
Many older beach homes at the North End have been refurbished, expanded and modernized with
their neighborhood character and charm maintained Many older homes have been torn down and
new single-family homes constructed in their place Duplex construction does not guarantee to
rectify decrepit properties, any new construction will achieve the same result Unfortunately, a
number of new duplexes have been built with revenue as the sole goal with the absentee, owner
contributing very little if anything to the neighborhood
2 "The ctty tax base has been greatly enhanced wtth tncreased assessments In addttton, typtcal
buyers are empty nesters or young couples w~th no school age children further lessenmg thetr
economw cost to the ctty"
Perhaps, but at what cost9 Double the density of a neighborhood and you have twice as many
cars on public streets, twice the parking requirement per lot, twice as many families per street,
twice as many utilities being consumed A duplex typically leads to increased lot coverage with a
higher percentage of impervious surfaces that compound our storm water and drainage problems
Often times these large box-like structures render EMS and Fire Fighters helpless as they try to
fight fires between structures Doubling the density of a neighborhood that was never designed
for this level of occupancy is a definite detriment to our community In addition, many older
estabhshed residents are now burdened with much higher real estate taxes as their single-family
homes are assessed at duplex prices
3 "There are no dtffertng setbacks for duplexes and absolutely no latttude ts gtven by the ctty"
In addttton, duplex condomtmum plans already undergo astrtngent revtew to see they meet all
zomng crtterta I do not beheve tt ts legal or feastble to have an architectural revtew of one type
of plans, whtch meet all legal gmdehnes, unless thts revtew wtll be apphed to restdenttal
properttes to be butlt tn the Ctty of Vtrgtnta Beach"
A little homework on your part would have ehmlnated this statement
Single-family side yard setbacks are 8 feet and a duplex is 10 feet However, current rear yard
setbacks for a duplex are 10 feet and a single family is 20 feet One of our problems is this
difference creates tunnels and a lack of hght and open space when duplexes are built back to
back Clearly, a duplex should not have an advantage over a single-family home and all levels
within the city and community agree this needs to be changed Duplex development is considered
commercial development by the city and is reviewed by the Development Services Center that
has a standard of review appropriate for this type of construction
3 3
Ruth Smith - Snug Harbor Development Ltr doc doc Page 4 I
In our conversations with developers many have expressed approval of a design rewew because
~t would level the playing field Developers would be assured that the project next to theirs
would maintain a quahty level that is not guaranteed now Design Review Committees work
well ~n a number of c~ties in Virginia and successful commumtles around the country Virginia
Beach ~s the largest mty ~n V~rglnla with a great deal of resources that could be used to continue
to make us a great city and help preserve the character of ~ts oldest coastal community
4 "The tncluston ofdrtveways and garages tnto square footage and lot coverage rattos wtll
only lead to more on street parlang and further tncrease two problems, the lack of on street or
destgnated parktng areas and the narrowness of many streets tn these areas and no turnaround
spacers or cul de sacs"
The intention is to discourage paving the entire site, which contributes to the already monumental
problem of storm-water management at the North End (and City-wide) Th~s is exactly the point
against duplex development on lots less than 10,000 square feet If you cannot park the 4 or
more cars generated by a duplex, on-site, wahln a reasonable pawng hmlt, the lot is simply to
small for Duplex Development AlternaUvely, the duplex could be built smaller, thus allowing
more lot coverage in paving, which may not be needed The smaller the structure the fewer cars
generated
5 "Although I am sure everyone ts tortuous tn thetr optmons, please note that Mr Jester hves tn
a 6, 000 square foot house wtth over 1, 700 square feet orporches, decks, andpatlos, whde Mr
Almond hves on a stte contatmng a house, detached garage and garage apartment Th'ts ts the
worse than a case of "not tn my back yard", it appears to be a case "not tn my back yard" now
that I am fimshed In addttton, Mr, Jester ts one of the largest multt-famtly developers tn
Hampton Roads area These denstttes tn hts recently announced projects, far exceeds the
denstttes tn these resort areas"
Perhaps a little more time with your research would have yielded correct ~nformat~on As one of
the design professionals that assisted Dave Jester with the site planning of h~s residence, I can
prowde you with some details F~rst, this was an excellent example of how "after the demohtlon
of decreptt properttes, whtch had reached the end of thetr economtc hves "a beautiful single-
family residence was created As you see Mr Jester refurbished an old beach cottage that had
been around for many years and instead of demolition he added on to the emstlng footprint thus
mamtmmng the character of the street Second, Mr Jester has a large 11,300 square foot lot, at
the approved 35% lot coverage ~t allows 3,955 square feet on the 1st floor and with two floors he
could (by code) build 7, 900 square feet He ~s only at 26% lot coverage, 35 feet m height, has all
on s~te parking and has one of the most talked about single-family houses In our area, and did not
ask for a single variance If only the rest could be as attractive
Ruth Smith - Snug Harbor Development Ltr doc doc
Page 5 i
Mr Jester has developed multi-family projects all over the Commonwealth of Vlrg~ma and has
just recently started a project ~n Virginia Beach, h~s first multi-family project in th~s area In over
5 years His latest project "South Beach" has brought a class of multi-family site and
architectural design that I only w~sh other developers would attempt to achieve Additionally, the
density levels ~n h~s recent project ~n V~rg~ma Beach were carefully rewewed by the c~ty and are
less than the residential density approved for that zoning Mr Jester's project in Norfolk is less
than the density requested by the adjo~mng neighborhoods and proffered by the previous owner
As I mentioned before, Mr Jester and I are spokespersons for the entire and very concerned Civic
League and we do not have a "personal" agenda in mind If you want to help, get ~nvolved,
criticism IS the easy part
As for my house, it is a small 2050 square foot single family home, and a detached 950 square
foot garage w~th a design studio on the second floor of the garage I have a 7,500 square foot lot,
20% lot coverage, and structure height at 32 feet I d~d seek rehef from the Board of Zoning
Appeals in 1994 for the 450 square foot design studio over the garage as I felt it was more
beneficial to have less lot coverage, less impervious cover, and ! was in need of a home office to
facilitate my community service act]mt]es The Board of Zoning Appeals granted my variance
request on the condition that no k~tchen facilities are ~nstalled in the design studio There ~s no
garage apartment on my property Please announce that you are coming by to review my
property next time and I will be happy to give you a tour
6 The use of the term "btg box" is certatnly a mtsnomer These are not 100,000+ square foot
retad stores, they are 1,500 - 3, 000 square foot homes wtth bay wmdows, turrets, porches decks,
mtxed-use stdlngs and many archttectural features Why don't you ask a few homeowners tf they
thtnk there castle ts an "ugly box "?
"Big box" is not a term our committee coined for those un]ts viewed as "out of scale" duplexes
It is relative to the dwelling that is next to them, neighborhood character and scale The ZRC did
not create this term it comes from 30 years of duplex development that has caused many
residents of the North End to use this phrase Perhaps your developments are examples of good
design, we are not familiar w~th them, and we certmnly have not targeted any spec]tic developer
with our lmt]atives If you and your company have made a conscientious effort to avoid the "B~g
Box" look we are very happy to hear this and would like to know more on how you did it
We have asked many prospective duplex buyers about their choices in "castles" One of our ZRC
members is a long time well respected Realtor and we a have found that many potential buyers
are saying that some of the umts on the market are big and out of scale They seem to be looking
for quantity or revenue rather than quahty
In closing, the North Virgima Beach Civic League and ]ts Zoning Review Committee are
working to mmntam the "res]denual character of our neighborhood" This is part of the by-laws
that our founding members estabhshed first ~n 1933 and then agmn ~n 1964 We are a group of
citizen volunteers that have a passion for where they hve and are concerned for tts future We
are umted to raise the design quality of our neighborhood through all the legal channels possible
We are stewards of our neighborhood and with a mission of creating sustainable l~vable
Ruth Smith - Snug Harbor Development Ltr doc doc
Page 6 I
environments for all of our residents Please VlSlt our webslte at http//www northendvb org/
We would be happy to meet with you to discuss your concerns about our committee and ~ts goals
No matter on which side of the fence we sit, it is important that we take the t~me and energy to
express our desires Thank you for expressing yours
Sincerely,
Wllham D Almond, ASLA, CLARB
Chair, NVBCL Zoning Review Committee
431-1041 (Office)/422- 9522 (Home)/438-9939 (Cell)
1
2
3
4
5
6
7
8
9
10
11
12
AN ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY
REDUCING REAR AND SIDE YARD SETBACK REQUIREMENTS FOR
CERTAIN ACCESSORY STRUCTURES IN ALL RESIDENTIAL ZONING
DISTRICTS, INCREASING REAR YARD SETBACK REQUIREMENTS FOR
DUPLEX AND SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL
DISTRICT, ESTABLISHING A MAXIMUM LIMITATION ON IMPERVIOUS
SURFACE COVERAGE FOR SINGLE-FAMILY, DUPLEX AND SEMI-
DETACHED DWELLINGS IN THE R-5R RESIDENTIAL DISTRICT, AND
INCLUDING SOME PORTION OF GARAGES IN THE DETERMINATION OF
FLOOR AREA RATIO FOR SINGLE-FAMILY, DUPLEX AND
SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL DISTRICT
SECTION AMENDED' ~ 502 of the City Zoning Ordinance
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
WHEREAS, the public necessity, convenience, general welfare
and good zoning practice so require;
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 502 of the City Zoning Ordinance, pertaining to
dimensional requirements in Residential Zoning Districts, is hereby
amended and reordained to read as follows:
Sec. 502. Dimensional requirements.
The following chart lists the requirements within the R-40
through R-5S Residential Districts for minimum lot area, width,
yard spacing and maximum lot coverage for single-family dwellings.
(a) For single-family dwellings-
(1) Minimum lot
area in square
feet:
(2) Minimum lot
area outside
of water,
marsh, or
wetlands:
(3) Mlnzmum lot
w~dth in feet:
(4) M~n~mum front
yard setback
· n feet:
(5) Minimum front
yard setback
when adjacent
to a 40-foot
r~ght-of-way
created in
accordance
wzth section
4.1(m) of the
subdmvlszon
Residential Districts
R-40 R-30 R-20 R-I5 R-10 R-7.5 R-5D R-5R R-5S
40,000 30,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
24,000 24,000 20,000 15,000 10,000 7,500 5,000 5,000 5,000
125 100 100 100 80 75 50 50 50
50 50 50 30 30 30 20 20 20
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
ordinance in
feet:
(6) Except as pro-
vmded mn subdlv-
lslon (6.1},
lmum side
smde yard set-
back except
when adjacent to
a street in feet:
55 55 55 35 35 35 25 25 25
20
(6.1) Minimum side
yard setback
for accessory
structures no
larqer than 150
square feet mn
area and with an
eave hemqht no
qreater than 8
feet except when
adTacent to a
street 5
(7) Mmnlmum smde
yard setback
adjacent to a
street in feet: 30
(8) Mmnmmum side
yard setback
when ad3acent
to a 40-foot
right-of-way
created in
accordance
wmth sectmon
4.1(m) of the
subdmvmslon
ordinance in
feet: 35
(9) Mmnmmum rear
yard setback
except for
accessory
structures mn
feet: 20
(10)Except as
provided mn
subdmvmsmon
(10.1), ~
mmnmmum rear yard
setback for
accessory
structures
~ry mn feet: 20
(10.1) Minimum rear
yard setback
for accessory
structures no
larqer than 150
square feet mn
area and wmth an
eave hemqht no
qreater than 8
feet except when
adTacent to a
street
15
15
10
10
5 & 10 8
8 5&10
5
30 30 30 30 30 18 18 15
35 35 35 35 35 23 23 20
20 20 20 20 20 20 20 20
15 15 10 10 10 10 10 10
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160
161
162
163
164
165
166
167
168
169
(il)As an exceptmon
the setback for
any yard ad3acent
to the Atlantic
Ocean for any
structures
shall be 30
feet in the
R-5R Dmstr~ct
(12)Maximum lot
coverage ~n
percent:
(13)Maximum total
o__f building
floor area and
area of garages
greater than
500 square feet
expressed as
a percentage
of maximum
allowable lot
coverage:
(14)Maximum area
of ~mpervlous
cover, as
defined ~n
103 of the
Chesapeake Bay
Preservation
Area Ordinance
expressed as a
percentage of
the lot s~ze
NA NA NA NA NA NA NA 30 NA
25 25 25 30 30 35 40 35 40
NA NA NA NA NA NA NA 200% NA
NA NA NA NA NA NA NA 60% NA
The following chart lists the requirements within the R-5D a~
~ Residential Districts for minimum lot area, width, yard
spacing and maximum lot coverage for duplex and semidetached
dwellings.
(b) For duplex and semidetached dwellings in the R-5D ~
~ Residential Districtm:
Duplexes
Semidetached
170
171
172
173
174
175
176
177
178
179
180
181
182
183
(1)
(2)
(3)
(4)
(5)
Minimum lot area
10,000 square feet 5,000 square feet
Minimum lot w~dth
75 feet 35 feet
Minimum front yard
20 feet 20 feet
Mznimum front yard
setback when adjacent
to a 40-foot right-
of-way created zn
accordance wzth section
4.1(m) of the
subdzvzs~on ordznance
25 feet 25 feet
Minimum s~de yard
except when ad3acent
to a street
10 feet 10 feet
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
(6)
(7)
(8)
(9)
(10)
(~Z)
Minimum side yard
when ad]acent to
a street
Minimum side yard
setback when
adjacent to a 40-
foot right-of-way
created in accordance
with section 4.1(m)
of the subdivision
ordinance
Minimum rear yard
As an exception, the
setback for any yard
ad3acent to the Atlantic
Ocean for any structures
shall be 30 feet in the
R-5R Dlstr~ct
Maximum lot coverage
Maximum building
floor area expressed
as a percentage of
maximum allowable
lot coverage
20 feet 20 feet
25 feet 25 feet
10 feet 10 feet
35 percent
200 percent
35 percent
200 percent
208
209
210
211
212
213
214
215
The followinq chart lists the requirements within the R-5R
Residential District for minimum lot area, width, yard spacing and
maximum lot coveraqe for duplex and semidetached dwellings.
(bl) For duplex and semidetached dwellinqs in the R-5R
Residential District:
(].)
(2)
Minimum lot area
M~nimum lot width
Dupl exes Semide ta ch ed
10,000 square feet 5,000 square feet
75 feet 35 feet
216
217
218
219
220
221
222
223
224
225
226
227
(3)
(4)
(5)
Minimum front yard
Minimum front yard
setback when adTacent
to a 40-foot rzqht-
of-way created in
accordance wzth section
4.1(m) of the
subdIvision ordinance
Minimum side yard
except when adjacent
to a street
20 feet 20 feet
25 feet 25 feet
10 feet 10 feet
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
(7)
(8)
(9)
(lO)
(lz)
(12)
Minimum side yard
when adjacent to
a street
Minimum side yard
setback when
adjacent to a 40-
foot rzqht-of-way
created in accordance
with section 4.1(m)
of the subdivision
ordinance
Minimum rear yard
As an exception, the
setback for any yard
adjacent to the Atlantic
Ocean for any structures
shall be 30 feet in the
R-5R District
Maximum lot coveraqe
Maximum total of
buildznq floor
area and area of
qaraqes qreater
than 1,000 square
feet expressed as
a percentaqe of
maximum allowable
lot coveraqe
Maximum area of
impervious cover, as
defined in 103 of the
Chesapeake Bay Pre-
servat~on Area Ordinance,
expressed as a per-
centaqe of lot size
20 feet 20 feet
25 feet 25 feet
20 feet 20 feet
35 percent
200 percent
60 percent
35 percent
200 percent
60 percent
264
265
266
267
268
269
270
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 27tn day of November, 2001.
CA-7918
ordin/proposed/czoR-5Ramd.wpd
R-5
October 22, 2001
Item VI-K. 9
- 52 -
PLANNING
ITEM # 48991
Upon motton by Councdman Harrtson, seconded by Vtce Mayor Sessoms, Ctty Councd ADOPTED
Ordmance to establish Transition Rules for amendments to the R-5R
Restdenttal Zoning Dtstrtcts and for accessory structures tn ALL Restdenttal
Zonmg Dlstrtcts
Voting 11- 0
Councd Members Voting Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, Vtce Mayor
Wdham D Sessoms, Jr and Rosemary Wtlson
Councd Members Vottng Nay
None
Councd Members Absent
None
November 27, 2001
AN ORDINANCE ESTABLISHING TRANSITION RULES FOR
AMENDMENTS TO THE R-5R RESIDENTIAL ZONING
DISTRICTS AND FOR ACCESSORY STRUCTURES IN ALL
RESDENTIAL ZONING DISTRICTS
WHEREAS, on November 27, 2001, the City Council adopted an ordinance entitled, "AN
6 ORDINANCE TO AMEND THE CITY ZONING ORDINANCE BY REDUCING REAR AND
7 SIDE YARD SETBACK REQUIREMENTS FOR CERTAIN ACCESSORY STRUCTURES IN
8 ALL RESIDENTIAL ZONING DISTRICTS, INCREASING REAR YARD SETBACK
9 REQUIREMENTS FOR DUPLEX AND SEMIDETACHED DWELLINGS IN THE R-5R
10 RESIDENTIAL ZONING DISTRICT, ESTABLISHING A MAXIMUM LIMITATION ON
11 IMPERVIOUS SURFACE COVERAGE FOR SINGLE-FAMILY, DUPLEX AND
12 SEMIDETACHED DWELLINGS IN THE R-5R RESIDENTIAL ZONING DISTRICT AND
13 INCLUDING SOME PORTION OF GARAGES IN THE DETERMINATION OF THE FLOOR
14 AREA RATIO FOR SINGLE-FAMILY, DUPLEX AND SEMIDETACHED DWELLINGS IN THE
15 R-5R RESIDENTIAL ZONING DISTRICT" (hereinafter the 'Ordinance');
16
WHEREAS, the Ordinance became effective on the date of ~ts adoption; and
17
WHEREAS, it is the sense of the City Council that transition rules should be adopted to
18 govern cases in which plans for development of estabhshments subject to the provisions of the
19 Ordinance have been submitted, but not approved, prior to the effective date of the Ordinance,
20
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
21 VIRGINIA BEACH, VIRGINIA'
22
1. That site plans and subdivision plats for developments which are subject to the
23 provisions of the Ordinance which were accepted for review, but neither approved nor disapproved,
24 on or before the close of business on the effective date of the Ordinance, shall not be subject to the
25 provisions of the Ordinance, but shall be required to comply with the ordinances and regulations of
26 the C~ty apphcable to such developments on the date of their acceptance for review;
27
2. That any such site plan or subdivision plat which was accepted for review on or
28 before the close of business on the effective date of the Ordinance, but which was d~sapproved, or
29 which is hereinafter disapproved, shall, if resubmitted within thirty (30) days of the date of
30 disapproval, or within thirty (30) days of the effective date of the Ordinance, whichever ~s later, be
31 subject to the ordinances and regulations of the City applicable to such developments on the date of
32 their acceptance for rewew;
33
3. That the prowsions of Paragraph 2 here~nabove shall apply only to the first
34 resubmlttal of a site plan or subdivision plat which has been disapproved, such that if disapproved
35 upon resubmlttal after the effective date of the Ordinance, all further development of the subject
36 property shall conform to the prowsions of the Ordinance, as well as to all other applicable laws,
37 ordinances, regulations and standards; and
38
4. That nothing ~n this ordinance shall be construed to deprive or deny any person of any
39
40
Adopted by the C~ty Council of the City of V~rglma Beach, V~rglma, on the 27th day of
November, 2001.
41 CA-8306
42 bkw/transltlon.wpd
43 R-1
44 October 31, 2001
- 53 -
Item VI-L.I.
APPOINTMENTS
ITEM # 48992
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS
COMMUNITY SER VICES BOARD (CSB)
HISTORICAL REVIEW BOARD
PLANNING COMMISSION
VIRGINIA BEA CH COMMUNITY DE VEL OPMENT CORPORA TION (VB CDC)
November 27, 2001
- 54 -
Item VI-L. 2.
APPOINTMENTS
ITEM # 48993
Upon NOMINATION by Vtce Mayor Sessoms, Cay Councd REAPPOINTED
Floyd Waterfield
S-Year Term
1/1/02 - 12/31/06
BOARD OF ZONING APPEALS (BZA)
Vottng 11-O
Councd Members I,'ottng Aye
Ltnwood 0 Branch, III, Margaret L Eure, Wdham W Harrtson, Jr,
Barbara M Henley, Louts R Jones, Reba S McClanan, Robert C
Mandtgo, Jr, Mayor Meyera E Oberndorf Nancy K Parker, I"tce Mayor
~tlham D Sessoms, Jr and Rosemary Wdson
Councd Members Vottng Nay
None
Councd Members Absent
None
November 27, 2001
- 55 -
Item VI-N. 1.
NE W BUSINESS
ITEM # 48994
The Abstract of Votes as recorded by the General Registrar, from the November 6, 2001 GENERAL
ELECTION, is on file wtth the Ctty Clerk
November 27, 2001
- 56-
Item VI-O.
AD JO URNMENT
ITEM tt 48995
Mayor Meyera E Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:13 P.M.
Beverly 0 Hooks, CMC
Chief Deputy City Clerk
h Hodges Smith, MMC
City Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrglnta Beach
Vlrgtnta
November 27, 2001