HomeMy WebLinkAboutMARCH 26, 1996 MINUTESLity of Vir irzia L3each
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At -Large
VICE MAYOR WILLIAM D. SESSOMS, JR., At -Large
JOHN A. BAUM, Blackwater Borough
LINWOOD O. BRANCH 111, Virginia Beach Borough
ROBERT K. DEAN, Rima Anne Borough
W. W. HARRISON, JR., Lynnhaven Borough
HAROLD HEISCHOBER, At -Large
BARBARA M. HENLEY, Pungo Borough
LOUIS R. JONES, Bayside Borough
NANCY K. PARKER, At -Large
LOUISA M. STRAYHORN, Kempsville Borough
JAMES K. SPORE, City Manager
LESLIE L. ULLEY, City Attorney
RUTH HODGES SMITH, CMC / AAE, City Clerk
CITY COUNCIL AGENDA
I. CITY MANAGER'S BRIEFING
MARCH 26, 1996
281 CITY HALL BUILDING
MUNICIPAL CENTER
VIRGINIA BEACH, VIRGINIA 23456-9005
(8041 427-4303
- Conference Room - 3:30 PM
A. LAKE RIDGE DEVELOPMENT RFI
Robert J. Scott, Director of Planning
II. AGENDA REVIEW SESSION
A. REVIEW OF AGENDA ITEMS
B. CITY COUNCIL CONCERNS
III. INFORMAL SESSION
- Conference Room - 4:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
IV. FORMAL SESSION
- Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
H. INVOCATION: Reverend Terry Clark
Emmanuel Lutheran Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF EXECUTIVE SESSION
F. MINUTES
1. INFORMAL & FORMAL SESSIONS
March 12, 1996
2. SPECIAL FORMAL SESSION - March 19, 1996
G. ADOPT AGENDA FOR FORMAL SESSION
H. CONSENT AGENDA
The Consent Agenda will be determined during the Agenda Review Session and
considered in the ordinary course of business by City Council to be enacted by one
motion.
I. RESOLUTIONS
1. Resolutions to request the Virginia Department of
Transportation (VDOT) for urban system highway projects; and,
that the City pay its share of the total costs:
a. Acceptance of corrections/deletions to the revised road
inventory for urban maintenance payments.
b. Acceptance of additional streets for urban maintenance
payments.
2. Resolution to authorize City Staff to make a presentation to
the Commonwealth of Virignia Department of Transportation
(VDOT):
a. Independence Boulevard Phase IV -B
b. Reallocation of Urban Funds to promote development /
construction of Southeastern Parkway/Greenbelt
c. Recommended improvements to 1-64 and Route 44
d. Other initiatives to enhance regional/local access.
J. ORDINANCES
1. Ordinance to APPROPRIATE $4.013 from the Fund Balance and
$6,563 increased estimated revenue in the Forfeited Asset
Sharing Special Revenue Fund to the FY 1995-96 Operating
Budget of the Office of the Commonwealth's Attorney re
equipment and training to enhance the Office's law enforcement
capability.
2. Ordinance to ACCEPT and APPROPRIATE $1,500 in State Grant
Funds to enhance traffic safety measures and $40,000 in
additional State General Funds to the FY 1995-96 Operating
Budget of the Department of Mental Health -Mental Retardation -
Substance Abuse (MHMRSA) to purchase a 13 -passenger wheelchair
van; and, estimated revenue from the State be increased by
$41,500.
3. Ordinance to ACCEPT and APPROPRIATE $64,730 in State Funding,
$614 in Federal Funding, and $804 in Funding from the Inmate
Telephone Special Revenue Fund for the Department of Mental
Health -Mental Retardation -Substance Abuse (MHMRSA) for
community-based services to adolescents; estimated revenue
from the state and federal governments be increased
accordingly; and, the City Manager be authorized to execute
the necessary agreements.
4. Ordinance to TRANSFER $41,000 from the Tourism and Growth
Investment Fund (TGIF) Reserve for Contingencies to the
Performing Arts Festival Support Unit in the FY 1995-96
Operating Budget re additional City support for the festival.
5. Ordinance to authorize a temporary encroachment into a portion
of the City's Drainage right-of-way to Ronald L. and Catherine
T. Moore re constructing and maintaining a bulkhead and fill-
in adjacent to 2005 Falling Sun Lane (PRINCESS ANNE BOROUGH).
6. Ordinance to appoint viewers in the petition of VIRGINIA BEACH
SOUTH PARKING, L.L.C. for the closure of a portion of 8th
Street beginning at the intersection of the Western right-of-
way line of Atlantic Avenue and the Northern right-of-way line
of 8th Street (VIRGINIA BEACH BOROUGH).
7. Ordinance to authorize License Refunds in the amount of
85,289.19.
K. PUBLIC HEARING - PLANNING 7:00 PM
PLANNING BY CONSENT - To be determined during the Agenda Review Session.
1. RECONSIDERATION TO MODIFY CONDITIONS in the January 19, 1988,
approved Application of MARIE T. LAMB for a Change of Zoning
District Classification from R-8 Residential District to A-1
Apartment District for LYNN LTD. at the Southwest corner of
Bonney Road and Kenley Road (4973 Bonney Road) , containing 7.8
acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
2. Application of LEO C. WARDRUP, III for a Variance to Section
4.4(b) of the Subdivision Ordinance, which requires all lots
created by subdivision meet all requirements of the City
Zoning Ordinance, at 1057 Olds Lane, containing 14,910 square
feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
3. Application of BRIAN C. LARGE for a Variance to Section 4.4(b)
of the Subdivision Ordinance which requires all lots created
to meet all requirements of the City Zoning Ordinance, at 445
Smith's Lane (LYNNHAVEN BOROUGH).
Recommendation: DENIAL
4. Application for TARGET for a Conditional Change of Zoning
District Classification from R -5D Residential Duplex District
to Conditional 8-2 Community Business District at the
Southeast corner of Princess Anne Road and Lynnhaven Parkway,
containing 19 acres (KEMPSVILLE BOROUGH).
Deferred for Thirty Days: February 27, 1996
Recommendation: DENIAL/Applicant Requests Deferral to 4/9/96
5. Applications of TAYLOR FARM ASSOCIATES, LLC (PRINCESS ANNE
BOROUGH):
a. Changes of Zoning District Classifications
(1) From R-20 Residential District to R-10 Residential
District, containing 6.5 acres, on:
Parcel 1: South side of London Bridge Road, 1460
feet more or less West of Pine View Avenue
Parcel 2: South side of London Bridge Road, 800 feet
more or less West of Pine View Avenue.
(2) From AG -1 Agricultural District to R-10 Residential
2650 feet more or less Southwest of the
intersection of London Bridge Road and Pine View
Avenue, containing 11 acres.
(3) From R-10 Residential District to PD -H2 Planned
Unit Development 2670 feet more or less Southwest
of the intersection of London Bridge Road and Pine
View Avenue, containing 17.5 acres.
b. Modification to the Land Use Plan granted 14 January 1985
to T.C.C. Development Corporation on London Bridge Road
West of Pine View Avenue, containing 300 acres.
Deferred:
Deferred Indefinitely:
Recommendation:
February 13, 1996
March 12, 1996
APPROVAL
6. Applications of TWIN STAR ENTERPRISES, INC., at Southeast side
of North Landing Road, Northeast of Courthouse Drive, at 2371,
2380, 2387, 2388, 2395 and 2396 Court Plaza Drive, containing
6.166 acres (PRINCESS ANNE BOROUGH): Applicant requested
DEFERRAL to April 23, 1996.
a. Change of Zoning District Classification from B-1
Neighborhood Business District and 0-2 Office District to
Conditional 0-2 Office District.
b. Conditional Use Permit for a correctional facility.
Recommendation: DEFER TO APRIL 23, 1996
7. Applications of the CITY OF VIRGINIA BEACH:
a. AMEND Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33-72,
33-74 and 33-75 of the Code of Virginia Beach re right-
of-way permits and inspection fees and public utility
inspection fees.
Recommendation: APPROVAL
b. AMEND and REORDAIN Sections 4.1A and 7A.1 of the Site
Plan Ordinance re engineer cost estimates for development
and construction projects and permit and inspection fees
Recommendation: APPROVAL
c. Amendments to the City Zoning Ordinance:
(1) AMEND and REORDAIN Section 111 of the City Zoning
Ordinance re definition of correctional facility
d.
(2) AMEND and REORDAIN Section 801 of the City Zoning
Ordinance by ADDING correctional facilities as a
conditional use in the 0-2 Office District.
Staff Recommends: APPROVAL ] City Council
] requests
Recommendation: DENIAL ] Deferral to 4/23/96
Floodplain Regulations:
(1) Repeal Article 12 of the City Zoning Ordinance.
(2) Amend and Reordain Sections 238(I)(b) and 240(a) of
the City Zoning Ordinance.
(3) Amend the Site Plan Ordinance by ADDING Section 5B.
(4) Amend the Subdivision Ordinance by ADDING Section
6.1(m).
Deferred for Thirty Days:
Deferred Indefinitely:
Recommendation:
November 28, 1995
January 9, 1996
APPROVAL
(5) Repeal Section 106(d) of the City Zoning Ordinance.
Recommendation: APPROVAL
L. APPOINTMENTS
FRANCIS LAND HOUSE HOARD OF GOVERNORS
REVIEW AND ALLOCATION COMMITTEE (COIG)
VIRGINIA CRIME TASK FORCE
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. CANCEL or RESCHEDULE CITY COUNCIL SESSIONS - May 7, 1996
(Election Day)
0. ADJOURNMENT
* * * * * * * * * *
CITY COUNCIL RETREAT WITH PLANNING COMMISSION
MARCH 23, 1996
8:30 AM
V I P ROOM - VIRGINIA BEACH PAVILION
* * * * * * * * * *
FY 96-97 OPERATING BUDGET & CAPITAL IMPROVEMENT PROGRAM SCHEDULE
Event
Date
Time
Place
Budget & C.I.P Presentation
Tuesday, April 2
2PM
City Council Chamber
Council Workshop
Tuesday. April 9
9 AM - NOON
Conference Room
Council Workshop
Thursday, April 11
4PM .- 6PM
Conference Room
Council Workshop (Special Workshop)
Tuesday, April 16
1PM - 4PM
Conference Room
Public Hearing
Thursday, April 18
7PM
Larkspur Middle School
Council Workshop
Tuesday. April 23
3PM - 6PM
Conference Room
Council Workshop (Special Workshop)
Thursday, April 25
1PM - 5PM
Conference Room
Public Hearing
Thursday, May 9
2PM
City Council Chamber
Reconciliation Workshop
Thursday, May 9
Following Council Session
Conference Room
NOTE: May 9 Regular Meeting will replace the May 7 SESSION (Re: Council election)
Adopt Budget & C.I.P. 1 Tuesday, May 14
2PM 1 City Council Chamber
* * * * * * * * * *
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)
* * * * * * * * * *
03/22/96BAP
AGENDA\03-26-96.PLN
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
March 26, 1996
Mayor Meyera E. Oberndorf called to order the BRIEFING RE URBAN PARTNERSHIP to the
VIRGINIA BEACH CITY COUNCIL in the Council Conference Room, City Hall Building, on Tuesday,
March 26, 1996, at 3:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Absent:
None
2
CITY MANAGER'S BRIEFING
LAKE RIDGE DEVELOPMENT RFI
ITEM # 40540
3:30 P.M.
The City Manager advised the Princess Anne Corridor Lake Ridge Tract Request for Interest was
distributed to members of City Council and is hereby made a part of this record. The document constitutes
a Request for Interest from qualified individuals and/or organizations to develop property owned by the
City (Princess Anne Corridor: Lake Ridge Tract). Included in the response should be proposals for
development of the tract and a discussion of the financial and organizational capability of implementing
the project. This document will be forwarded to the various individuals who expressed interest.
This is only a "Request for Interest". The City is under no obligation to proceed with a particular project
submitted. One option would be to utilize the assistance of the development authority to meet with the
individuals following the development of the Lake Ridge Plan, to determine which suggestions the City
would be interested in pursuing.
Robert J. Scott, Director of Planning, advised based upon the response of the "Request for Interest'; the
Lake Ridge Plan would be formulated. The City has a comprehensive list of entities who would probably
be interested in responding to the RFI. Some of these entities are "clearing houses ". Messrs Scott and
Donald Maxwell, Director of Economic Development, have discussed the possibility of involving Barker,
Campbell and Farley in disseminating this further.
Mr. Scott advised the General Requirements:
Identify development organization. Indicate any legal relationships, plus
length of time that the organization has existed
The organizations's previous development experience, particularly in
publiclprivate ventures or similar projects
Provide the organization's vision or project concept in sufficient detail
to respond to the goals established by the City for this project. Include
a discussion of the appropriate mix and general site layout of uses being
considered. This should include site concept plans, rendering, narrative
and whatever other materials that are deemed necessary to convey the
concept
Evidence that the responding development entity has financial capability
to implement the proposed development; information should be submitted
in accordance with generally accepted accounting standards, i.e., audited
annual financial reports for the previous three years. The City prefers
that these statements be audited by a certified public accountant
The development entity's proposed project management (organizational)
approach for developing the project; identify individuals and their
expertise
If applicable, the developer's previous experience in the management
and operation of similar, completed facilities
Developer references, including financial, tenant, and public sector
sources (note telephone/facsimile numbers)
How weU the submittal meets the mission and goals established for the
property
March 26, 1996
-3
CITY MANAGER'S BRIEFING
LAKE RIDGE DEVELOPMENT RFI
ITEM # 40540 (Continued)
GOALS
Develop a coordinated plan for the Corridor that includes established
design and quality standards
Provide recreational amenities for residents of the City that fulfill a
variety of identified community needs
Relocate Princess Anne Park to a site that better integrates the park with
the proposed recreational and entertainment uses of the Corridor
Support the growth of the tourism industry, especially in the areas of
golf recreational, and facilities
Support the expansion of our commercial and non-residential tax base
through economic development, including such elements as a business
park linked to research and educational facilities or a professional and
tournament sports opportunity
Recapture the return on the investment that the City of Virginia Beach
has made to purchase the former Lake Ridge property.
The Mayor believed this was an extraordinary opportunity for Lake Ridge.
Mr. Scott advised May First was requested as the date for response to the RFI; however as City Council
expressed concern relative adequate time, the date of response shall be June First. This will be right after
the opening of the amphitheater.
March 26, 1996
-4—
CITY MANAGER'S BRIEFING
PRINCESS ANNE ROAD ACCESS
3:50 P.M.
ITEM # 40541
Jim Lawson, Real Estate, spoke as a follow—up to the controlled access for Princess Anne Road —
Phase III (Ferrell Parkway) Briefing to City Council on March Twelfth. The main concern was the
statements made to City Council concerning the loss of curb cuts. There is nothing in the Court
documents that indicate a loss of curb cuts were the main reason damages were awarded in some of the
Court's condemnation cases. The Court's instructions to the Commissioners that were heard were to
consider payment for the land taken and for any damages to the residue that the Commissioners deemed
appropriate. The Commissioners are not required to state their reasons for awarding damages. They
consider the evidence and make their decision accordingly.
The City Attorney advised if City Council eliminates existing access, it is compensable in a condemnation
case. If reasonable access is provided, then it is not an issue in a condemnation case. The City Council
and the VDOT Board of Commissioners changed Princess Anne Road to controlled access and went
through a specific study to identify the access points for all those properties along that section of Phase
III Princess Anne Road that was impacted. Reasonable access was provided to each of those properties.
So, damages from access would not enter into the final taking as the status of the road was changed. If
the status of the road had not changed, it would have been an issue. The City Council can control the
location of that reasonable access; however, the reasonable access cannot be deprived.
The City Attorney knows this issue arises with the TARGET application for a Conditional Change of
Zoning District Classification from R -5D Residential Duplex District to Conditional B-2 Community
Business District at the southeast corner of Princess Anne Road and Lynnhaven Parkway (KEMPSVILLE
BOROUGH). A parcel may not be deprived of all access to the road; however, in Council's land use
decision, they may say this use is not consistent with the traffic patterns and the proximity of that access
point is too close to the intersection. The City Council may simply say this land use does not work under
these existing access situations. If the landowner wishes to change the access to accommodate public
health, safety and welfare concerns, they may do so. If they do not wish to do so, the City Council may
deny this application.
Robert Scott, Director of Planning, advised Word of Life is only one of two parcels involved in the
Zoning.
The City Attorney advised if ownership was in the name of one party, but there are two separate parcels,
it is that property which has the right of access. If you resubdivide and join those parcels, it is the new
property that has a right of access. So, not necessarily the best right of access, but reasonable access is
all that is permitted to that property. Re the TARGET application, the City Council will work with City
staff to ascertain if the proposed use on that site is inconsistent with the access to Princess Anne Road.
In other words, if the traffic patterns generated from that proposed use are going to create a problem for
the access to Princess Anne Road, the application can be denied. The access point cannot be taken away,
but City Council does not have to approve the rezoning.
Mr. Scott advised north of Dam Neck Road, there is a small number of large parcels, while south of Dam
Neck Road there is large number of small parcels. Different techniques concerning access must be
decided.
Mr. Lilley advised the Comprehensive Plan is a guide for future development, but it is actually the zoning
of the parcel which controls the legislative action.
Mr. Scott advised he hopes Lake Ridge generates an atmosphere of higher quality and better planned
land use through that area. The hurdle to overcome is the time differential between the positive effects
of Lake Ridge versus when these applicants want their land rezoned.
City Council should discuss parallel to the Comprehensive Plan further issues involving "big box" retail,
facts involving retail capacity in the City based on population, the City's role in economic development
and the overall plan for Lake Ridge.
March 26, 1996
-5 -
CITY MANAGER'S BRIEFING
PRINCESS ANNE ROAD ACCESS
ITEM # 40541 (Continued)
Assistant Attorney Macali advised a comprehensive downzoning has a lot of latitude in the Courts. There
just has to be a reasonable relationship between the action taken and the accomplishment of some
legitimate public purpose. It is only when a downzoning is performed on a piecemeal, as opposed to a
comprehensive basis, that the test is more stringent. The Court will always sustain the determination of
the City given the choice between a "reasonable use" suggested by a landowner and a "reasonable use"
allowed by the City Council.
March 26, 1996
-6
AGENDA REVIEW SESSION
4:50 P.M.
ITEM # 40542
Vice Mayor Sessoms advised this item will be discussed further during the Formal Session:
1.2. Resolution to authorize City Staff to make a presentation to the
Commonwealth of Virignia Department of Transportation
(VDOT):
a. Independence Boulevard Phase IV -B
b. Reallocation of Urban Funds to promote development
construction of Southeastern Parkway 'Greenbelt
c. Recommended improvements to 1-64 and Route 44
d Other initiatives to enhance regional/local access.
ITEM # 40543
Council Lady Parker had concerns relative:
J.4. Ordinance to TRANSFER $41,000 from the Tourism and
Growth Investment Fund (TGIF) Reserve for Contingencies to
the Performing Arts Festival Support Unit in the FY 1995-96
Operating Budget re additional City support for the festival.
The City Manager advised the City Council needs to review the grant process and the role of the Arts and
Humanities Commission before additional commitments are made. There is approximately $55,000
recommended for the Boardwalk Art Show next year.
Councilman Dean did not understand how one Festival could be approved while others were denied. The
City Manager advised the role of the groups needs to be clarified.
Council Members Heischober and Jones advised the City Council made no commitment for next year. The
Council wished to see the return on the investment.
Council Lady Henley advised the Arts and Humanities Commission believed these festivals should be
funded but not from the Arts and Humanities Commission. The City needed to define how to fund
festivals.
Mayor Oberndorf stated the City Council needs to advise the Performing Arts Festival if they do not
intend to fund. There are other festivals which are funded, i.e. Fest Events in Norfolk. The Neptune
Festival was funded with the intent they become self-sufficient.
ITEM # 40544
The City Manager advised of concerns relative a precedent and City staff is discussing same with the
applicant. City Staff recommends this Ordinance be DEFERRED INDEFINITELY.
J.S. Ordinance to authorize a temporary encroachment into a
portion of the City's Drainage right-of-way to Ronald L. and
Catherine T. Moore re constructing and maintaining a
bulkhead and fill-in adjacent to 2005 Falling Sun Lane
(PRINCESS ANNE BOROUGH)
March 26, 1996
- 7 -
AGENDA REVIEW SESSION
ITEM # 40545
BY CONSENSUS, the following items shall compose the CONSENT AGENDA:
RESOLUTIONS
1.1 Resolutions to request the Virginia Department of
Transportation (VDOT) for urban system highway projects;
and, that the City pay its share of the total costs:
a. Acceptance of correctionsldeletions to the revised road
inventory for urban maintenance payments.
b. Acceptance of additional streets for urban maintenance
payments.
ORDINANCES
J.1 Ordinance to APPROPRIATE $4.013 from the Fund Balance
and $6,563 increased estimated revenue in the Forfeited Asset
Sharing Special Revenue Fund to the FY 1995-96 Operating
Budget of the Office of the Commonwealth's Attorney re
equipment and training to enhance the Office's law
enforcement capability.
J.2. Ordinance to ACCEPT and APPROPRIATE $1,500 in State
Grant Funds to enhance traffic safety measures and $40,000
in additional State General Funds to the FY 1995-96
Operating Budget of the Department of Mental Health -Mental
Retardation -Substance Abuse (MHMRSA) to purchase a 13 -
passenger wheelchair van; and estimated revenue from the
State be increased by $41,500.
J.3. Ordinance to ACCEPT and APPROPRIATE $64, 730 in State
Funding, $614 in Federal Funding, and $804 in Funding from
the Inmate Telephone Special Revenue Fund for the Department
of Mental Health -Mental Retardation -Substance Abuse
(MHMRSA) for community-based services to adolescents;
estimated revenue from the state and federal governments be
increased accordingly; and, the City Manager be authorized to
execute the necessary agreements.
J.S. Ordinance to authorize a temporary encroachment into a
portion of the City's Drainage right-of-way to Ronald L. and
Catherine T. Moore re constructing and maintaining a
bulkhead and fill-in adjacent to 2005 Falling Sun Lane
(PRINCESS ANNE BOROUGH).
J.6. Ordinance to appoint viewers in the petition of VIRGINIA
BEACH SOUTH PARKING, L.L.C. for the closure of a
portion of 8th Street beginning at the intersection of the
Western right-of-way line of Atlantic Avenue and the Northern
right-of-way line of 8th Street (VIRGINIA BEACH
BOROUGH).
J.7. Ordinance to authorize License Refunds in the amount of
$5,289.19.
Item J.5 will be DEFERRED INDEFINITELY BY CONSENT.
March 26, 1996
AGENDA REVIEW SESSION
ITEM # 40546
Councilman Dean advised concerns relative:
K1 RECONSIDERATION TO MODIFY CONDITIONS in the
January 19, 1988, approved Application of MARIE T. LAMB
for a Change of Zoning District Classification from R-8
Residential District to A-1 Apartment District for LYNN LTD.
at the Southwest corner of Bonney Road and Kenley Road
(4973 Bonney Road), containing 7.8 acres (KEMPSVILLE
BOROUGH).
This item will be discussed during the Formal Session.
ITEM # 40547
A deed was submitted to the Circuit Court Clerk's office subdividing property and selling 'half of it. It did
not go through the City, it was just entered.
The City Attorney advised an Ad Hoc Committee has been formed and meeting for the past six months
to investigate this issue with representatives from the Circuit Court Clerk's Office, Mapping and Surveying,
City Attorney's Office, Commissioner of Revenue and Planning Department.
K2 Application of LEO C. WARDRUP, III for a Variance to
Section 4.4(b) of the Subdivision Ordinance, which requires all
lots created by subdivision meet all requirements of the City
Zoning Ordinance, at 1057 Olds Lane, containing 14,910
square feet (LYNNHAVEN BOROUGH).
Mr. Ralph Smith, Director of Public Works, advised GPIN numbers of deeds will now be assigned only
if a certification is provided.
Councilman Harrison advised another method of control. The Circuit Court Clerk's office would not admit
to record any deed by meets and bounds description, except by reference to an established parcel
number.
Councilman Dean advised Page 7 was missing from the verbatim of the Planning Commission. A copy
of this missing page will be provided before the Formal Session.
ITEM # 40548
Councilman Dean referenced correspondence of Edward Bourdon requesting the item be DEFERRED until
either May 14, 1996, or May 28, 1996. Attorney Wright had requested this item will be DEFERRED until
the City Council Session of April 23, 1996. Attorney Bourdon will be out of the State.
K6 Applications of TWIN STAR ENTERPRISES, INC., at
Southeast side of North Landing Road, Northeast of Courthouse
Drive, at 2371, 2380, 2387, 2388, 2395 and 2396 Court Plaza
Drive, containing 6.166 acres (PRINCESS ANNE BOROUGH):
Applicant requested DEFERRAL to April 23, 1996.
a. Change of Zoning District Classification from B-1 Neighborhood Business District
and 0-2 Office District to Conditional 0-2 Office District.
b. Conditional Use Permit for a correctional facility.
March 26, 1996
9
AGENDA REVIEW SESSION
ITEM # 40549
This item will also be DEFERRED, as it must be decided before consideration of the application of
TWIN STAR:
K7 Applications of the CITY OF VIRGINIA BEACH:
(1)
c. Amendments to the City Zoning Ordinance:
AMEND and REORDAIN Section 111 of the City Zoning
Ordinance re definition of correctional facility
(2) AMEND and REORDAIN Section 801 of the City Zoning
Ordinance by ADDING correctional facilities as a conditional
use in the 0-2 Office District.
ITEM # 40550
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA:
K4 Application for TARGET for a Conditional Change of Zoning
District Classification from R -5D Residential Duplex District
to Conditional B-2 Community Business District at the
Southeast corner of Princess Anne Road and Lynnhaven
Parkway, containing 19 acres (KEMPSVILLE BOROUGH).
K7. Applications of the CITY OF VIRGINIA BEACH:
a. AMEND Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33-
72, 33-74 and 33-75 of the Code of Virginia Beach re right-
of-way permits and inspection fees and public utility
inspection fees.
b. AMEND and REORDAIN Sections 4.1A and 7A.1 of the Site
Plan Ordinance re engineer cost estimates for development and
construction projects and permit and inspection fees
Item K4. shall be DEFERRED BY CONSENT UNTIL APRIL 9, 1996.
March 26, 1996
- 10 -
CITY COUNCIL CONCERNS
5:10 P.M.
ITEM # 40551
The City Manager distributed the School Board Budget for City Council's review.
The City Manager advised if the School Board budget were fully funded, it would require an additional
7 and 8 cents to the tax increase, to be recommended by City Manager next week. The increased school
enrollment is at 1% or less.
ITEM # 40552
Vice Mayor Sessoms advised the City Attorney the proposed towing ordinance and the issue re placement
of offensive material on the oceanfront be SCHEDULED for the City Council Session as soon as
possible.
ITEM # 40553
Referencing tickets for the Amphitheatere opening performances, Councilman Dean noted the out-of-state
ticket scalpers and the company from Connecticut, Tickets Plus (Phone: 1 -800 -Get Tics). At 10:00
A.M. last Saturday, tickets for the Amphitheatre went on sale. The prices of the lawn tickets were $23.25
with reserved under the roof for $36.00. In fifty-eight minutes, they were sold out. The people were told
to call 1 -800 -Get Tics. At 11:30 Saturday morning, the lawn tickets increased to $65.00, and at 5:30
P.M. they had increased to $89.00 and this morning they were $99.00. The reserved tickets increased from
$36.00 at 10:00 A.M. to $89.00 at 11:30 P.M At 5:30 Saturday afternoon, they increased to $109.00 and
this morning they were $119.00
Councilman Harrison advised the tickets were sold at Ticket Master outlets throughout the entire State.
All Council Members received the correspondence Councilman Dean referenced. Council Members
Harrison, Branch and City Manager Spore had a conference call with Bill Reid, Manager of Cellar Door
Productions. Cellar Door has no control over Ticket Master. This outlet has no control over who stands
in line and whether they are buying for their own personal consumption or whether they are buying for
resale. This is unfortunately a side affect of having a world class Amphitheatre.
The City Attorney will confer with the Commonwealth Attorney re counterfeiting of tickets.
ITEM # 40554
Councilman Dean referenced the fish pond on McClanan's Road right off of Colchester Road. According
to a knowledgeable source, "fish ponds" have an actual life of 10 years. The trucks from the "fish
ponds" started on Sunday morning at 6:30 A.M. Another truck went into a ditch on Friday and dumped
a load of sand. Councilman Dean was concerned as to who would be paying for the removal. "Fish
ponds" do not have to go through environmental or permitting processes. The citizens also do not have
any input regarding these 'fish ponds ".
Councilman Dean requested the City Attorney DRAFT a Resolution for the City to not purchase
excavated material from any "fish pond" in the City. The AG fish ponds are only being accessed for
approximately $200. Borrow pit property is being assessed at approximately $14,000 an acre.
ITEM #40555
Councilman Dean advised a CIP update is being accomplished on Bow Creek Boulevard. All of the drive
way aprons in that area are being redone all the way up to and beyond the sidewalk. The aprons from
the street's edge to the curb were curved and had a slight "lip". There was a bounce when cars went off
the street into their driveway. Councilman Dean requested this project be reexamined. The driveways are
all being redone and these driveways did not have any problems. Therefore, tax payers dollars are being
wasted on unwanted portions of this project.
March 26, 1996
CITY COUNCIL CONCERNS
ITEM # 40556
Councilman Dean referenced the Sandbridge seawalls. The owners who have lawsuits pending with
Waterfront Marine go to Court on April 19, 1996. The homeowners have been notifies, as they have
failed to comply or adequately respond to the notices to repair or remove the failed bulkheads. The City
is taking action to remove the bulkheads. On or about April 1, 1996, the contractor will arrive at the
property and commence work.
Councilman Dean has requested the City Manager arrange a meeting between Council Members Henley
and Dean with City Staff to address these issues and possibly extend this time limit at least until after
the Hearing.
March 26, 1996
- 12 -
ITEM # 40557
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINL4 BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 26, 1996, at 5:28 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Louisa M Strayhorn and
Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
None
March 26, 1996
- 13 -
ITEM # 40558
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose:
PERSONNEL MATTERS: Discussion or consideration of or interviews
of prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining, or resignation
of specific public officers, appointees, or employees pursuant to Section
2.1-344 (A) (1).
To Wit: Appointments - Boards and Commissions:
Francis Land House Board of Supervisors
Review and Allocation Committee
Virginia Beach Crime Task Force
Liaison - Planning Commission
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To -Wit: Lake Gaston Water Supply Project
PUBLICLY -HELD PROPERTY: Discussion or consideration of the
condition, acquisition, or use of real property for public purpose, or of
the disposition of publicly -held property, or of plans for the future of an
institution which could affect the value of property owned or desirable for
ownership by such institution pursuant to Section 2.1-344(A)(3).
To -Wt: Southeastern Parkway
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council voted to proceed into
EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Robert K Dean
March 26, 1996
- 14 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
March 26, 1996
6:00 P.M.
Mayor Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, March 26, 1996, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Absent:
None
INVOCATION: Reverend Terry Clark
Emanuel Lutheran Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed there were no matters
on the agenda in which he has a "personal interest", as defined in the Act, either individually or in his
capacity as an officer of Central Fidelity Bank The Vice Mayor regularly makes this Disclosure as he
may or may not know of the Bank's interest in any application that may come before City Council. Vice
Mayor Sessoms' letter of January 10, 1995, is hereby made a part of the record.
March 26, 1996
Item IV—E.
CERTIFICATION OF
EXECUTIVE SESSION
— 15 —
ITEM # 40559
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf, Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
William W Harrison, Jr.
March 26, 1996
Resolution
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40558 Page No. 13 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
th Hodges Smith, CMC/AAE
City Clerk March 26, 1996
- 16 -
Item IV -F.1.
MINUTES ITEM # 40560
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the INFORMAL AND FORMAL SESSIONS of March 12, 1996.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Nancy K Parker
Council Members Absent:
None
Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of
March 12, 1996.
March 26, 1996
- 17 -
Item IV -F.2.
MINUTES ITEM # 40504
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Strayhorn, City Council APPROVED
the Minutes of the SPECIAL FORMAL SESSION of March 19, 1996.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
Mayor Meyera E. Oberndorf and Nancy K Parker
Council Members Absent:
None
Mayor Oberndorf ABSTAINED as she was not in attendance during the City Council Session of March
19, 1996.
Council Lady Parker ABSTAINED as she was not in attendance during the City Council Session of
March 19, 1996.
March 26, 1996
— 18 —
Item IV—G.
ADOPT AGENDA
FOR FORMAL SESSION ITEM # 40561
BY CONSENSUS, City Council ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 26, 1996
Item IV -L1.
RESOLUTIONS
- 19 -
ITEM # 40562
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Resolutions to request the Virginia Department of Transportation
(VDOT) for urban system highway projects; and, that the City pay its
share of the total costs:
a. Acceptance of correctionsldeletions to the revised road
inventory for urban maintenance payments.
b. Acceptance of additional streets for urban maintenance
payments.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
RESOLUTION
WHEREAS, the Virginia Department of Transportation
requires a council resolution prior to accepting
corrections/deletions to the revised road inventory for urban
maintenance payments; and
WHEREAS, city personnel have reviewed the revised
road inventory prepared by the Virginia Department of
Transportation and have determined that some inaccuracies
exist; and
WHEREAS, a representative from the Virginia
Department of Transportation has inspected and approved these
corrections to the revised road inventory; now
THEREFORE BE IT RESOLVED, that the Council of the
City of Virginia Beach, Virginia does hereby request the
Virginia Department of Transportation to accept these
corrections and to begin paying urban maintenance payments to
the City of Virginia Beach based on the established rate.
Adopted this 26th day of March , 1996
CITY OF VIRGINIA BEACH, VIRGINIA
BY
ATTEST
CITY MANAGER/DESIGNEE OF THE CITY MANAGER
RUTH HODGES SMITH, CMC/AAE
CLERK OF COUNCIL
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RESOLUTION
WHEREAS, the Virginia Department of Transportation
requires a council resolution prior to accepting additional
streets for urban maintenance payments; and
WHEREAS, the attached streets have been constructed
in accordance with standards established by the Virginia
Department of Transportation; and
WHEREAS, the City of Virginia Beach has accepted
these streets and has agreed to maintain these streets, and
WHEREAS, a representative from the Virginia
Department of Transportation has inspected and approved these
streets; now
THEREFORE BE IT RESOLVED, that the Council of the
City of Virginia Beach, Virginia does hereby request the
Virginia Department of Transportation to accept these streets
and to begin paying urban maintenance payments to the City of
Virginia Beach based on the established rate.
Adopted this 26th day of March , 1996
CITY OF VIRGINIA BEACH, VIRGINIA
BY
CITY MANAGER/DESIGNEE OF THE CITY MANAGER
ATTEST
RUTH HODGES SMITH, CMC/AAE
CLERK OF COUNCIL
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WHITLEY ABBEY DR CUL-DE-SAC
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LAMPL AV EDINBURGH DR
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MOORLAND DR CUL-DE-SAC
LAMPL AV CASSELBERRY LN
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ALLEGHANY LOOP ALLEGHANY LOOP
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TERMINI
FROM TO
CHESTWOOD DR CUL-DE-SAC
HOLLAND RD CUL-DE-SAC
GOOSEBERRY DR CUL-DE-SAC
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STREET NAME
ROUTE NUMBER
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N
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N
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N
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N
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O
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WIDTH
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TERMINI
FROM TO
BALD EAGLE RD CUL-DE-SAC
PLEASANT ACRES DR CUL-DE-SAC
BALD EAGLE RD CUL-DE-SAC
PLEASANT ACRES DR CUL-DE-SAC
HOLLAND RD HOLLAND RD
PLEASANT ACRES DR BARRICADE
'PLEASANT ACRES DR CHRISTOPHER FARMS DR
PLEASANT ACRES DR CUL-DE-SAC
PLEASANT ACRES DR CUL-DE-SAC
ROSE PETAL DR CUL-DE-SAC
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MAPLE SHADE DR CUL-DE-SAC
STREET NAME
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U
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WHEATHUSK CT
WILD CHERRY CT
1.0
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UPPER GREENS PL ROAD UNDER CONSTRUCTION 50 30. 0.09 2 0.18
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N
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N
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OLD DONATION PY TREELINE RD
GREAT PINE RD CUL-DE-SAC
CUL-DE-SAC CUL-DE-SAC
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DAM NECK RD DEAD END - SCHOOL
SHADE TREE ST CUL-DE-SAC
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PRINCESS ANNE RD UPPER GREENS PL
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STREET NAME
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N
N
N
N
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WIDTH
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O
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PLEASANT RIDGE RD CUL-DE-SAC
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KITIMAL DR CUL-DE-SAC
KITIMAL DR CUL-DE-SAC
BOLD RULER DR CUL-DE-SAC
CUL-DE-SAC (T -INTERSECT) CUL-DE-SAC
SUMMER LAKE LN CUL-DE-SAC
BOLD RULER DR SANDY LAKE CT
DAM NECK RD CUL-DE-SAC
SUMMER LAKE LN CUL-DE-SAC
KITIMAL DR CUL-DE-SAC
STREET NAME
ROUTE NUMBER
UPPER GREENS PL
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WILLIAMS RIDGE CT
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cc
0
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N
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N
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•
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TERMINI
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CUL-DE-SAC CUL-DE-SAC
BRASILENO DR CUL-DE-SAC
BRASILENO DR CUL-DE-SAC
VERANO CT CUL-DE-SAC
BRASILENO DR CUL-DE-SAC
STREET NAME
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Item IV -L2.
RESOLUTIONS
- 20 -
ITEM # 40563
John Herzke, City Engineer, advised basically the Southeastern Expressway, as presently proposed would
go from Route 64 at the 464 Interchange through Chesapeake coming up through Virginia Beach crossing
Indian River Road, Princess Anne Road going to the Lake Ridge/Dam Neck and then running along the
east side of the Oceana Naval Air Base. This will entail three basic phases:
Phase I:
Phase II:
Phase III:
Route 44 to Dam Neck.
Dam Neck to Princess Anne Road
Princess Anne Road to the Chesapeake City Line.
E. Dean Bloch Director of Management Services, advised financing will consist of three (3) main sources.
It is assumed the facility will not be a toll road. Based on preliminary data, the cost of the facility within
Virginia Beach is expected to approach $262 -MILLION.
Source #1: VDOT Cash Associations Directly Provided $ 90.5 -MILLION
Analysis based on utilizing a portion of the total annual VDOT
allocations averaging $22-24-million/year over the project period.
Source #2: City of Virginia Beach Charter Bonds $ 96.5 -MILLION
The debt service for these bonds will be provided in two ways:
$35 -MILLION of the bonds will be supported by the General
Fund, as would the City's share of any highway project.
$61.5 -MILLION of the bonds will be supported by the use of
VDOT allocations for debt service. (State law permits the use
of up to one-third of such allocations for debt service These
sums are in addition to cash allocations shown above).
The City bonds allocated to this project represent less than 18% of all
charter bonds projected to be available over the project period. Sale of
these bonds can be accommodated within existing debt policies.
Source #3: National Highway System Funding. $ 75 -MILLION
The City will seek allocations of NHS funds to support the project 1 The
first such allocation will not be expected until FY 1999/2000.
Total $262 -MILLION
The following spoke in SUPPORT of the Southeastern Parkway/Greenbelt:
Harry Lester, President - Virginia Beach VISIONS, P.O. Box 68051, Phone: 499-7003,
Attorney Kevin Cosgrove, 4512 Virginia Beach Boulevard, Phone: 499-1223
The following spoke in OPPOSITION:
Mary Heinricht, 5016 Mosby Road, Phone: 460-0750, represented SAVE
Reba S. McClanan, 3224 Burnt Mill Road, Phone: 340-8835
Patricia Ingmire, 977 Donation Drive, Phone: 464-0728
Steve Vinson, 2965 Lynnhaven Drive, Phone: 496-9065, represented the Back Bay Restoration
Foundation
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925
March 26, 1996
Item
RESOLUTIONS
- 21 -
ITEM # 40563 (Continued)
Councilman Dean requested a division of the question and the Southeastern Expressway Project be voted
upon by the citizens in a Public Referendum in the November Presidential 1996 Elections.
A motion was made by Vice Mayor Sessoms, seconded by Councilman Harrison to ADOPT: Resolution
to authorize City Staff to make a presentation to the Commonwealth of Virignia Department of
Transportation (VDOT): a. Independence Boulevard Phase IV -B. b. Reallocation of Urban Funds to
promote development / construction of Southeastern Parkway/Greenbelt. c. Recommended improvements
to 1-64 and Route 44 d. Other initiatives to enhance regional/local access.
A SUBSTITUTE MOTION was made by Council Lady Henley, seconded by Council Lady Parker to
ADOPT:Resolution to authorize City Staff to make a presentation to the Commonwealth of Virignia
Department of Transportation (VDOT): a. Independence Boulevard Phase IV -B c. Recommended
improvements to 1-64 and Route 44 d. Other initiatives to enhance regional/local access.
Voting: 4-7 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Robert K Dean, Barbara M Henley, Mayor Meyera E. Oberndorf and
Nancy K Parker
Council Members Voting Nay:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Absent:
None
March 26, 1996
Item IV -I.2.
RESOLUTIONS
- 22 -
ITEM # 40563 (Continued)
Upon motion by Vice Mayor Sessoms, seconded by Councilman Harrison, City Council ADOPTED:
Resolution to authorize City Staff to make a presentation to the
Commonwealth of Virignia Department of Transportation (VDOT):
a. Independence Boulevard Phase IV -B
b. Reallocation of Urban Funds to promote development / construction of
Southeastern Parkway/Greenbelt
c. Recommended improvements to 1-64 and Route 44
d. Other initiatives to enhance regional/local access.
The City Council shall appoint Council Liaisons for the Southeastern Parkway/Greenbelt to meet with
representatives of Chesapeake regarding their position on the Southeastern Parkway.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W. Harrison, Jr., Harold
Heischober, Louis R. Jones, Vice Mayor William D. Sessoms, Jr. and
Louisa M. Strayhorn
Council Members Voting Nay:
Robert K Dean, Barbara M. Henley, Mayor Meyera E. Oberndorf and
Nancy K Parker
Council Members Absent:
None
March 26, 1996
1 A RESOLUTION AUTHORIZING CITY STAFF TO MAKE A
2 PRESENTATION TO THE COMMONWEALTH OF VIRGINIA
3 DEPARTMENT OF TRANSPORTATION REGARDING THE
4 PROPOSED INDEPENDENCE BOULEVARD PHASE IV -B
5 PROJECT, THE REALLOCATION OF URBAN FUNDS FROM
6 CERTAIN PROGRAMMED PROJECTS TO PROMOTE THE
7 DEVELOPMENT AND CONSTRUCTION OF THE
8 SOUTHEASTERN PARKWAY AND GREENBELT,
9 RECOMMENDED IMPROVEMENTS TO I-64 AND ROUTE 44,
10 AND OTHER INITIATIVES DESIGNED TO ENHANCE BOTH
11 REGIONAL AND LOCAL ACCESS
12 WHEREAS, City staff has recommended cancellation of the
13 Jeanne Street Project and the reallocation of all programmed funds
14 to a new project, designated as Independence Boulevard Phase IV -B,
15 involving the construction of improvements at the intersection of
16 Haygood Road and Independence Boulevard;
17 WHEREAS, City staff has also recommended a redirection of
18 urban allocations to fund the Southeastern Parkway and Greenbelt
19 Project;
20 WHEREAS, City staff has further recommended designated
21 improvements to Interstate 64 and Route 44;
22 WHEREAS, City staff made a presentation to City Council
23 regarding these recommendations at Council's meeting on March 19,
24 1996; and
25 WHEREAS, the City Manager has requested authorization
26 from City Council for City staff to present these recommendations,
27 and related initiatives, to the Commonwealth of Virginia Department
28 of Transportation at the Suffolk District Preallocation Hearing on
29 March 27, 1996.
30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
31 OF VIRGINIA BEACH, VIRGINIA:
32 1. That City Council hereby authorizes City staff to
33 make a presentation to the Commonwealth of Virginia Department of
34 Transportation regarding the proposed Independence Boulevard Phase
35 IV -B Project, the reallocation of urban funds from certain
36 programmed projects to promote the development and construction of
37 the Southeastern Parkway and Greenbelt, recommended improvements to
38 Interstate 64 and Route 44, and other initiatives designated to
39 enhance both regional and local access.
40 2. That the presentation to be made by City staff shall
41 be in substantial conformance with the proposed statement which is
42 attached hereto as "Exhibit A," and is hereby incorporated by
43 reference.
44 Adopted by the Council of the City of Virginia Beach,
45 Virginia, on the26th day of Marrh , 1996.
46 CA -6257
47 ORDIN\NONCODE\PHASEIV.RES
48 R-1
49 PREPARED: 03/20/96
OFFICE OF THE CITY MANAGER
(804)427.4242
FAX (804) 427-4135
TDD (804) 427-4305
March 14, 1996
"EXHIBIT A"
City of Virgiriia Beach
The Honorable Meyera E. Oberndorf and
Members of City Council
Re: VDOT Preallocation Hearing
Dear Council Members:
MUNICIPAL CENTER
VIRGINIA BEACH. VIRGINIA 23456-9001
For your information, I am enclosing a copy of the comments that we
propose to make to the Commonwealth Transportation Board at the
State's Preallocation Hearing on Wednesday, March 27, 1996.
One new urban project is being proposed for VDOT's consideration.
This project represents previously identified transportation needs;
however, current City funding availability did not permit
programming.
This project, Independence Boulevard IV -B, has been designed by the
City and is now being requested as a VDOT funded project for
acquisition of right-of-way and construction. This is consistent
with our VDOT funded project for Independence Boulevard, Phase IV -C
and is recommended in lieu of pursuing the Jeanne Street project
which has become controversial and is of less importance as a
transportation improvement than Independence Boulevard.
We are also recommending the reallocation of urban funds from
certain programmed projects as detailed in the attached comments to
promote the development and construction of the Southeastern
Parkway and Greenbelt.
We have been discussing these projects with representatives of the
State Highway Department, and they will be consistent with the
"draft" FY 96-97 VDOT Six -Year Plan provided our preallocation
comments support these changes.
The Honorable Meyera E. Oberndorf and
Members of City Council
March 14, 1996
Page 2
Re: VDOT Preallocation Hearing
I seek your support of our proposed VDOT program modifications.
Any comments or revisions you wish to make, and your concurrence to
proceed with our comments to the 1996 Preallocation Hearing on
March 27th will be greatly appreciated.
With Pride In Our City,
Jame K. Spore
Ci . anager
JKS/BLG/nfe
Enclosure
STATEMENT OF JOHN W. HERZKE, PE
CITY ENGINEER, DEPARTMENT OF PUBLIC WORKS
CITY OF VIRGINIA BEACH, VIRGINIA
AT THE
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF TRANSPORTATION
SUFFOLK DISTRICT PREALLOCATION HEARING
MARCH 27, 1996
COMMISSIONER AND MEMBERS OF THE COMMONWEALTH TRANSPORTATION BOARD:
Good Morning, I am John W. Herzke, representing the Public
Works Department, of the City of Virginia Beach.
On behalf of the City Council, the City executive staff and
the Director of Public Works of the City of Virginia Beach, I am
pleased to be here this morning to present this statement regarding
the roadway network needs of Virginia Beach motorists. We believe
these needs can be most effectively addressed by the continued
proactive actions of the Commonwealth Transportation Board, through
its Six -Year Improvement Program, and the continued diligent
execution of the program by the personnel of the Virginia
Department of Transportation at both the Richmond and Suffolk
District levels.
My remarks will be in three categories: Urban Construction,
and its relationship to the Southeastern Parkway and Greenbelt,
Interstate 64 Improvements, and Route 44 Improvements.
URBAN CONSTRUCTION/SOUTHEASTERN PARKWAY AND GREENBELT
First, I would like to thank the Department for the completion
of two major projects in Virginia Beach since our last
preallocation hearing. The construction of a new highway, South
Plaza Trail, which provides a vital transportation link on new
alignment from Independence Boulevard to Princess Anne Road, and
the construction of a second crossing of Rudee Inlet in our resort
area with a completion of the Rudee Inlet Bridge project. Both of
these highway improvements have significantly improved travel time,
and completed vital links in our north -south transportation corridors.
There are three other VDOT funded projects currently under
construction in Virginia Beach:
1) Military Highway provides the widening of Route 13
serving the transportation needs of the region including the
adjoining cities of Norfolk and Chesapeake.
2) Interchange improvements are being completed at the
Birdneck Road intersection with Route 44, and
3) Sound barrier walls are currently under construction
along the Independence Boulevard interchange on Route 44.
Twenty additional projects are included in the planning,
design or right-of-way acquisition stages of the current six-year
program. Several projects such as Kempsville Road, Salem Road,
Lynnhaven Parkway, and London Bridge Road should begin construction
within the next two to three years. The remaining projects for
Virginia Beach included in the current VDOT Six -Year Urban
Allocation program have planning and engineering efforts underway.
Most of these projects are scheduled for construction completion
near the end of this six-year program. These projects are vitally
needed components of the City's Master Street and Highway Plan.
The City understands that several projects were experiencing delays
associated with air quality issues. With the completion of the
congestion mitigation study for the region, we are confident that
the Department can keep our program moving forward. Any and all
efforts by VDOT to prevent slippage and to improve on current
completion schedules would be greatly appreciated by Virginia
Beach.
On the basis of our anticipated annual allocation, and the
current estimate of funds available within prior allocations, we
have identified the following modifications for your consideration
in conjunction with this annual updating of the VDOT Six -Year
Improvement Plan.
First, we would like to request the cancellation of project
U000 -134-V38, Jeanne Street and a reappropriation of all programmed
funds to a new VDOT project in the Independence Boulevard corridor
which is a high priority for Virginia Beach. Specifically, we
2
request the Department to program the acquisition of right-of-way
and construction of improvements at the intersection of Haygood
Road and Independence Boulevard, which we have designated as
Independence Boulevard, Phase IV-B. This project will complete the
work of the existing VDOT project which widens Independence
Boulevard from Pembroke Boulevard north to Haygood Road. The City
is administering the design and construction of the VDOT project
which has already been programmed and we would plan on
administering the acquisition and construction of this new project
if included in the updated six-year program. The City has already
undertaken the design work on this major intersection improvement
and will have design completed by this spring. Our current
estimate to complete acquisition and construction of the
Independence Boulevard/Haygood Road intersection is approximately
4.6 million dollars.
Our second request involves a redirection of Urban Allocations
to fund the Southeastern Parkway and Greenbelt Project. This
project has, for many years, been an integral part of the Master
Street and Highway Plan of the City of Virginia Beach.
Improvements to our roadway network have been planned and
implemented on the assumption the roadway would, eventually, be
constructed. We ask that you consider delaying Holland Road
(Project U000-134-145) and all programmed improvements to the
Laskin Road corridor (Project 0058-134-V02, V03 and VO4) and
reappropriate those funds towards the design and construction of
the Southeastern Parkway and Greenbelt (Project U000-134-F23).
These projects currently represent 60.4 million dollars of total
urban allocations of which 47 million is already programmed in the
current six-year plan. This reallocation of urban funds will
provide a means to begin financing of this regional limited access
facility and is consistent with the actions taken by the CTB on
February 15, 1996 which approved the final corridor alignment and
authorized completion of the final Environmental Impact Statement.
Our City Council fully endorses this project and it is one of our
highest priorities.
3
Also, in support of the Southeastern Parkway and Greenbelt, we
ask for a modification of the parallel facility improvements
currently planned for Oceana Boulevard and reprogram any excess
funds from that project to the Southeastern Parkway and Greenbelt.
Specifically, we would request your consideration of a modified
project for Oceana Boulevard/First Colonial Road Extension (Project
U000-134-118) to construct a two-lane highway on new alignment at
the north end of the project from existing First Colonial Road to
existing Oceana Boulevard. The modified project would also include
a realignment at the southern end of the project from Oceana
Boulevard to General Booth Boulevard at its present intersection
with Prosperity Road. This alignment would also provide a two-lane
facility and an improved intersection at General Booth Boulevard to
accommodate local traffic demand. Existing Oceana Boulevard from
Southern Boulevard to Harpers Road would not be widened as
presently proposed by this project, since the Southeastern Parkway
and Greenbelt will be constructed parallel to and just to the east
of the First Colonial project. The Southeastern Parkway and
Greenbelt project will provide major transportation benefits in
this corridor with planned interchange improvements at Route 44,
Virginia Beach Boulevard, the Oceana Naval Air Station main gate
entrance, and Dam Neck Road.
Clearly, our objective in working with the Department is to
place a high priority on the progressive development, design and
construction of the Southeastern Parkway and Greenbelt as our
highest priority project. We encourage the Department to move
towards construction as soon as possible on this project, and we
will provide as much assistance as we can towards achieving a
viable financing and funding plan.
4
INTERSTATE 64
I would like to turn now to a brief discussion of VDOT's
planned improvements to Interstate 64, addressing those areas of
particular importance to Virginia Beach. First, we acknowledge and
thank you for your ongoing efforts to widen I-64 to a six -lane
facility with HOV lanes between Route 44 and the Western City Line.
Secondly, as previously requested, we would appreciate
consideration being given to including HOV access at Northampton
Boulevard in the six-year program. This HOV access is essential to
preclude motorists, residing in the northern area of the City, from
having to travel south to Route 44 to gain access to HOV lanes. It
will also reduce traffic on the remaining lanes of I-64 west of
Northampton Boulevard.
Finally, the Virginia Beach City Council has endorsed a VDOT
proposal to construct an additional interchange between Indian
River Road and Greenbrier Parkway at the planned junction of City
Line Road and Interstate 64. The City has added City Line Road to
its Master Street and Highway Plan and, we would like to thank the
Department for their addition of this project to the VDOT program.
The City supports the rapid progression of this project from the
engineering phase to construction completion and again requests
your support to move this project to timely completion.
ROUTE 44
The following remarks pertain to Route 44, the Virginia Beach
Expressway. We would like to thank the Department for all of your
efforts to date for the construction of the Route 44/Birdneck Road
interchange which has a construction completion date of April 15,
1996. This project, taken together with the VDOT project for
upgrading Birdneck Road, will complete the improvements of the
Birdneck Road corridor. This will provide greatly improved access
to the City's Pavilion area and create a beneficial by-pass of the
resort area for southbound traffic.
We are again asking that you examine the Route 44/Witchduck
Road interchange for improved operational considerations.
5
Increased capacity and smoother traffic flows through the area
appear attainable through geometric modifications and other
improvements. As part of the assessment, consideration will need
to be given to the impacts of planned interchange improvements on
the local street network in the area. On balance, we believe both
the intersection and the potential of the roadway network in this
area can be enhanced, and we seek your assistance to accomplish
this. We also ask the Department to program additional
improvements at the Rosemont Road interchange. We appreciate the
modifications that were completed last October, but these are only
interim measures and major modifications are warranted.
Thank you for affording me the opportunity to appear before
the Board today and present the requests of the City of Virginia
Beach.
BLG/nfe 3/14/96
6
Item IV -J.
ORDINANCES
- 23 -
ITEM # 40564
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council APPROVED in one
motion Ordinances 1, 2, 3 , 5 (DEFER INDEFINITELY), 6 and 7 of the CONSENT AGENDA.
Item IV -J.5 was DEFERRED INDEFINITELY BY CONSENT.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
Councilman Harrison ABSTAINED on Item J.6 as his law firm represents Virginia Beach South Parking,
L.L.C.
March 26, 1996
Item IV -J.1.
ORDINANCES
- 24 -
ITEM # 40565
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to APPROPRIATE $4,013 from the Fund Balance and $6,563
increased estimated revenue in the Forfeited Asset Sharing Special
Revenue Fund to the FY 1995-96 Operating Budget of the Office of the
Commonwealth's Attorney re equipment and training to enhance the
Office's law enforcement capability.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
1 AN ORDINANCE TO APPROPRIATE $4,013 OF FUND
2 BALANCE AND $6,563 IN INCREASED ESTIMATED
3 REVENUES IN THE FORFEITED ASSET SHARING
4 SPECIAL REVENUE FUND TO THE FY 1995-96
5 OPERATING BUDGET OF THE OFFICE OF THE
6 COMMONWEALTH'S ATTORNEY
7
8 WHEREAS, the Office of the Commonwealth's Attorney shares drug forfeiture
9 money with local and federal law enforcement agencies;
10 WHEREAS, drug forfeiture funds, once appropriated, may be used for training and
11 equipment to enhance the enforcement capability of the Commonwealth's Attorney
12 Office; and
13 WHEREAS, sufficient funds are available in the Forfeited Asset Sharing Special
14 Revenue Fund to be appropriated;
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
16 VIRGINIA BEACH, VIRGINIA,
17 1. That $10,576 be appropriated to the FY 1995-96 Operating Budget of the Office
18 of the Commonwealth's Attorney for equipment and training to enhance the Office's law
19 enforcement capability; and
20 2. That the appropriations be supported by $4,013 of fund balance and $6,563 in
21 increased estimated revenue in the Forfeited Asset Sharing Special Revenue Fund.
22 This ordinance shall be effective on the date of its adoption.
23 Adopted by the Council of the City of Virginia Beach, Virginia, on the 26th
24 of March , 1996.
25
26
27
28
29
APP'-$ DST • CONTE
Walter C. Kr. er, Jr.
Resource and Management Services Administrator
Department of Management Services
APPROVED AS TO
LEGAL SUFE ENJOY
Item IV -J.2.
ORDINANCES
- 25 -
ITEM # 40566
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $1,500 in State Grant
Funds to enhance traffic safety measures and $40,000 in additional State
General Funds to the FY 1995-96 Operating Budget of the Department
of Mental Health -Mental Retardation -Substance Abuse (MHMRSA) to
purchase a 13 passenger wheelchair van; and, estimated revenue from
the State be increased by $41,500.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,500 IN STATE GRANT FUNDS AND $40,000 IN
2 ADDITIONAL STATE GENERAL FUNDS FOR A TOTAL OF $41,500 TO THE FY 1995-96 OPERATING
3 BUDGET OF THE DEPARTMENT OF MENTAL HEALTH -MENTAL RETARDATION -SUBSTANCE
4 ABUSE (MHMRSA)
5 WHEREAS, the Community Services Board and the Department of Mental Health, Mental
6 Retardation, and Substance Abuse (MHMRSA) are responsible for the coordination and implementation of
7 mental health, mental retardation, and substance abuse services;
8 WHEREAS, the department has been awarded a $1,500 Mini -Grant from the Commonwealth of
9 Virginia Department of Motor Vehicles for use in enhancing traffic safety measures;
10 WHEREAS, the department has been awarded $40,000 in additional one-time state general funds
11 for Mental Retardation programs;
12 WHEREAS, the department budgets for vehicle replacement through the City's annual budget
13 process, with input from the City Garage as the basis for determining vehicle replacements, but has
14 historically purchased vehicles through mid -year revisions in order to curtail expenses and generate higher
15 revenue;
16 WHEREAS, the department requests that the additional $40,000 in one-time state general funds be
17 appropriated to purchase a 13 passenger wheelchair van needed to transport handicapped clients to
18 Medicaid funded Day Support program activities;
19 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
20 VIRGINIA,
21 1. that $1,500 Mini -Grant from the Commonwealth of Virginia Department of Motor Vehicles
22 and $40,000 in additional one-time State general funds, for a total of $41,500, be accepted and
23 appropriated to the FY 1995-96 Operating Budget of MHMRSA,
24 2. and that estimated revenue from the State be increased by $41,500;
25 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 16th , day
26 of March , 1996 ,-1—
This ordinance shall be effective from the date of its adoption.
Approved as to Content
Walter C. Kraem-, 'r.
Department of Management Service
APPROVED AS TO
LEGAL SUFFICIENCY
FAusers ord
CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD
FY -96 APPROPRIATIONS & TRANSFERS
Appropriations
Account Codes
23203
Employment Services
23205
Respite Care
23666
DMV Grant
23201
Program Support
TOTAL
01100
Executive Salaries
$0
01110
Middle Management Salaries
$0
01130
Professional Salaries
$0
01150
Technical Salaries
$0
01170
Clerical Salaries
$0
01180
Skilled Salaries
$0
01230
Professional Overtime
$0
01270
Clerical Overtime
$0
01330
Temp Profess Salaries
$0
01370
Temp Clerical Salaries
$0
01380
Temp Skilled Salaries
$0
01910
Contracted Manpower
3,200
$ 3,200
Total Personnel
%1f/%1�l;.v 5o
i'
;sr�
fill[,,,
. ,00
h.
so
02101
FICA
$0
02102
FICA Service Awards
$0
02104
FICA -Medicare
$0
02201
Retirement
$0
02301
Health & Dental Insur
$0
02302
Life Insurance
$0
02307
Unemployment Compen
$0
•
Total Fnn,e Benefits
,,,,��;./. yrrl rr/r
�r'rni.f 1. J4,r J1 ; l✓„a.
t✓A
:% ✓+ ra
r'Jii�.G�
srrr, r ., s.
r. �:r
r.+.. 5 sl.,,r. r:r,rl i.�G....
r,
$0
03101
Professional Health Svcs
$0
03102
Legal Svcs
$0
03103
Other Prof Svcs
(4,550)
($4,550)
03104
Independent Auditing
$0
03201
General Maint & Repair
$0
03202
General Maint-Facility
$0
03301
Advertising
$0
03401
Printing -Outside
$0
03402
Laundry & Dry Cleaning
$0
03403
Photographic Services
$0
03406
Refuse Disposal Svcs
$0
03407
Other Contractual Svcs
$1,500
$1,500
Total Contractual Services'>
i "fir > LI.
t�
�';a:Cri
.
$0
04102
Microcomputing Services
$0
04201
City Garage Services
$0
04301
Central Store Charges
$0
04401
Print Shop Charges
$0
04501
Risk Management Charge
$0
Total Internal Servicesi
!
,
:
J ✓rrr
05101
Electric Services
$0
05102
Heating Services
$0
05103
Water Services
$0
05104
Sewage Services
$0
05201
Postal Services
$0
05203
Telecommunications
$0
05401
Office Supplies
$0
05402
Food& Food Service Sup
$0
05404
Medical & Lab Supplies
$0
05405
Housekeeping& Janitor Sup
$0
05406
Household Supplies
$0
Appropriations
Account Codes
05407 Building Maintenance Sup
05410 Uniforms & Wearing Apparel
05412 Books& Subscriptions
05413 Educational & Library Sup
05414 Recreational Supplies
05415 Computer Supplies
05416 Microfilming Supplies
05417 Photographic Supplies
05421 Construction Mar& Supplies
05423 Other Operating Supplies
05499 Non -Capital Equipment
05501 Professional Improvement
05502 Travel -Routine
05507 Mandated Certification
05508 Training
05708 Regular Foster Care
05801 Dues & Assoc Memberships
05804 Miscellaneous
Total Other Charges
07101 Repl Machinery & Equip
07102 Repl Furniture & Fixtures
07103 Repl Communication Equip
07105 Repl Motor Vehicles
07301 Machinery& Equip
07302 Furniture & Fixtures
07303 Communication Equip
07305 Motor Vehicles & Equip
07307 Data Processing Equip
Total Ca •' .- I Duda
08001 Lease/Rent of Equip
08002 Lease/Rent of Buildings
Total Leases & Rentals
Total
Revenue
Account Codes
23203
Employment Services
23205
Respite Care
23666
DMV Grant
23201
Program Support
($3,200)
$47,750
($4,550)
$47,750
TOT/
$
$
$(
$(
$(
$(
$(,
$(
$(
$o
$G
$o
$0
$o
$o
$0
$0
$0
$0
$0
$0
$47,750
$0
$0
$0
$0
$0
'.i 80
$0
$0
$0
$41,500
241360 MR -DMV Kindergarten Grt
241304 MH& Retardation:Warrants
512101 Trf from General Fund
23203
Employment Services
23205
Respite Care
23666
DMV Grant
Total New Appropriations
($3,200)
($3,200)
($4,550)
($4,550)
$1,500
$1,500
23201
Program Support
$40,000
$7,750
$47,750
TOTAL
$1,500
$40,000
$0
$0
$0
$41,500
TIMOTHY A. KELLY, Ph. D.
COMMISSIONER
fl
COMMONWEALTH of VIRGINIA
DEPARTMENT OF
Mental Health, Mental Retardation and Substance Abuse Services
January 24, 1996
Mr. James P. Duffy
Assistant Director
Finance and Evaluation
Virginia Beach CSB
Pembroke Six, Suite 208
Virginia Beach, VA 23462-2891
Dear Mr. Duffy:
P. O. BOX 1797
RICHMOND. VA 23214
(804) 786-3921
(804) 371-8977 VOICE/TDO
Please be advised that S295.896.00 will be transmitted to your
agency by Financial EDI (Electronic Data Interchange) for the
first semi-monthly payment for February. This deposit should be
reflected in the locality's Bank record on January 31, 1996. If
you do not receive this amount or if you received a different
amount, please notify Arlene Good immediately.
If you need additional information or have questions please call
Arlene Good at 786-1550 or me at 786-3924.
MC/acg
xc: Paul Gilding
Arlene Good
Sincerely,
Mike C`�sasnovas
Assistant Fiscal Director
FOR@NOWN
J1.1291111111
COMMUNITY SERVICES BOARD
( EQUEST FOR WARRANT l -
DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION,
AND SUBSTANCE ABUSE SERVICES
SERVICES BOARD:
WARRANT PAYABLE TO:
MAIL WARRANT TO:
FIN#: 54-0722061-00
DATE: 01/12/96
Virginia Beach Community Services Board
Ms. Patti Phillips, Director of Finance
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
This approval of a State Grant of Funds is authorized by Chapter 10, Title 37.1, Sections
37.1-194 through 37.1-200 of the Statutes of Virginia and funded by Item 410 of the
Appropriations Act. Please be advised that funding for the programs indicated has been
approved and submitted to the State Comptroller for payment.
PROGRAM
Administration (1)
Mental Health Services
Mental Health Services (2)
Mental Retardation Services
Mental Retardation Services (3)
One—Time MR Waiver State GF CVTC(Itr.11/13/95)
One—Time MR Waiver State GF CVTC (Itr.1/04/96)
Substance Abuse Services — STATE
Substance Abuse Services (4)
Greenstreet (5)
L. 3
ON PAGE 2
DOLLARS
9,953.00
89, 753.00
73, 503.00
0.00
25,000.00
40,143.00
3,148.00
REQUEST FOR WARRANT
VIRGINIA BEACH CSB
PAGE 2_.
Mental Health — FEDERAL
FBG / SED C & A (CFDA # 93.958] (6)
PATH (CFDA # 93.150] (7)
Substance Abuse Services — FEDERAL
SA Alcohol FBG fCFDA # 93.9591 (8)
SA Drug FGB [CFDA # 93.959] (9)
SA Primary Prevention FBG fCFDA # 93.959] (10)
SA SARPOS FBG fCFDA # 93.959] (11)
FBG LINK — Prevention fCFDA # 93.959] (12)
FBG LINK — Treatment Alcohol fCFDA # 93.959] (13)
FBG LINK — Treatment Drug fCFDA # 93.959] (14)
SA HIV/AIDS FBG (CFDA# 93.959] (15)
5,771.00
1,003.00
10, 235.00
12, 623.00
9,404.00
0.00
833.00
1,667.00
1,667.00
11,193.00
AMOUNT OF STATE FUNDS REQUESTED FOR THIS WARRANT:
Two Hundred Ninety—Five Thousand, Eight Hundred Ninety—Six Dollars & No Cents
DUE DATE 01/31/96
VENDOR DESCRIPTION
TOTAL AMOUNT
788990 PAYMENT 15 OF 24 295,896
9 COST FUND
325 788 823 05
325 788 824 05
325 788 830 05
325 788 815 05
ACCT PROJECT
1431 9000000
1431 9000000
1431 9000000
1431 9000000
325 788 827 99 1431
325 788 837 99 1431
325 788 818 99 1431
325— - 788 -816 99 1431
325 788 826 99 1431
325 788 825 99 1431
325 788 826 99 1431
325 788 938 99 1431
325 788 814 99 1431
325 788 826 99 1431
SEE NOTES PAGE 3
CONTINUED ON PAGE 3
5091500
5093600
5094500
5094500
5094500
5095500
5095500
5095500
5097500
5097500
PROGRAM
88823
88824
88830
88815
88827
88837
88818
88816
88826
88825
88826
88938
88814
88826
$295,896.00
INV DATE
12—Jan-96
AMOUNT
9,953
89,753
98,503
43,291
1,003
5,771
10,235
0
1,667
12,623
1,667
11,193
9,404
833
C
REQUEST FOR WARRANT
VIRGINIA BEACH CSB
PAGE 3
(1) Regular payment 238,878 / 24 9,953.00
(2) Regular payment 2,154,079 / 24 89,753.00
(3) Regular payment 1,541,540 / 24 64, 231.00
Medicaid Non—Waiver 14,058 / 24 586.00
Medicaid Non—Waiver 10,696 / 24 446.00
Medicaid Non—Waiver 5,000 / 24 208.00
Medicaid Non—Waiver 50,000 / 24 2,083.00
Medicaid Non—Waiver 20,000 / 24 833.00
Medicaid Non—Waiver 15,000 / 24 625.00
OBRA -87 Initiative Funding 107,784 / 24 4,491.00
Adjusted payment 73,503.00
(4) Regular payment 963,441 / 24 40,143.00
(5) Regular payment 75,544 / 24 3,148.00
(6) Regular payment 76,400 / 24 3,183.00
Regular payment 62,110 / 24 2,588.00 CONTRACT # 904-95
Adjusted payment 5,771.00
(7) State FY 96 payments 20,060 / 20 1,003.00
(8) Regular payment 245,647 / 24 10,235.00
(9) Regular payment 302,947 / 24 12,623.00
(10) Regular payment 225,700 / 24 9,404.00
(11) Regular payment 33,000 / 4 0.00 PAID QUARTERLY
(12) Regular payment 20,000 / 24 833.00
(13) Regular payment 40,000 / 24 1,667.00
(14) Regular payment 40,000 / 24 1,667.00
(15) Regular payment 134,321 / 12 11,193.00
•
DEPARTMENT of MENTALHEALTH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES
NOTIFICATION OF FUNDING
Community Services Board:
Executive Director:
Virginia Beach
Dennis Wool
CONSUMER NAME
START DATE
1 Claude Voliva
1/15/96
2 Letcher Travis
1/15/96
3 Cynthia Huntington
1/15/96
4 Allen Miller
1/15/96
5 Allen Seagle
1/15/96
CONSUMER NAME
67
8
9
10
START DATE
Number of new Waiver slots issued for above Consumers
Number of above Consumers currently receiving SPO Case Management 0
5
Approved Allocation:
WAIVER FEES
(FFP and Match)
WAIVER MATCH PROVIDED BY
OR THROUGH DEPARTMENT
WAIVER MATCH PROVIDED
BY CSB
FY -96
$178,966
FY -97
$390,471
$87,604
$189,886
SPO FEES (FFP and MATCH)
$0
$4,821
for CASE MANAGEMENT �`
CASE MANAGEMENT SPO MATCI-
PROVIDED BY THE DEPARTMENT
CASE MANAGEMENT SPO MATCI-(
PROVIDED BY THE CSB
MR STATE GENERAL FUNDS
(not Medicaid Match)
$0
$10,520
$2,360
$5,116
$0
$0
ONE—TIME
MR STATE GENERAL FUNDS
$25,000
$0
$0
$0
FUNDING SOURCE
FY -96
FY -97
CVTC INITIATIVE
$114,964
$195002
CSB CONVERSION — WAIVER
$0
$0
CSB CONVERSION — SPO CM
$0
$0 '
Approved:
Ooe
Robert H. Shackelford, Jr., As istant Commissioner
Finance and Administration
Date: i f 1) 40
STATE GF
ONETIME/
START-UP
STATE GF
ONETIME/
START-UP
FUNDING ALLOCATION WORKSHEET
FY -96
PRO -RATED
CM SPO
MO.S
SVC.
ANNUAL
COST
CONSUMER
1 C.V.
5.5
964
2 LT.
5.5
964
3 C.H.
5.5.
964
4 A.M. 5.5
964
5 A.S. 5.5
TOTAL
964
$4,822
WAIVER
SERVICES
MO.S
SVC.
ANNUAL
COST
CONSUMER
$
1 C.V.
5.5
35793
2 LT.
5.5
35793
3 C.H.
5.5
35793
4 A.M.
5.5
35793
5 A.S.
TOTAL
5.5
35793
$178,965
WAIVER
ENV/AT
ONE
TIME
ONLY
TOTAL
COST
CONSUMER
1
2
3
4
5
TOTAL
$
0
0
0
0
0
$0
DOLLAR
AMOUNT
$25,000
NON -WAS
GENERAL
FUNDS
MO.S
SVC.
ONGOING
FUNDING
REQUIRED
FY -96 SPO CM
FY -96 WAIVER
FY -96 GEN. FUNDS REQUIRED
TOTAL FUNDING FY -96
FEE
FY -97
ANNUALIZED
CM SPO
MO.S
SVC.
ANNUAL
COST
CONSUMER
$
1 C.V.
12
2104
2 LT.
12
2104
3 C.H.
12
2104
4 A.M.
12
2104
5 A.S.
TOTAL
12
2104
$10,520
• WAIVER
SERVICES
CONSUMER
MO.S
SVC.
ANNUAL
COST
$
1 C.V.
12
78094
2 LT.
12
78094
3 C.H.
12
78094
4 A.M.
12
78094
5 A.S.
TOTAL
12
78094
$390,470
WAIVER
ENV/AT
ONE
TIME
ONLY
TOTAL
COST
CONSUMER
1
2
3
4
5
TOTAL
$
0
0
0
0
0
$D
DOLLAR
AMOUNT
$0
NON -WAV
GENERAL
FUNDS
MO.S
SVC.
ONGOING
FUNDING
REQUIRED
MATCH
$4,822
. $2,360
$178,965
$87,604
$25,000
$25,000
0114,964
FY -97 SPO CM
FY -97 WAIVER
FY -97 GEN. FUNDS REQUIRED
TOTAL FUNDING FY -97
C C
FEE MATCH
$10,520
$5,116
$390,470
$189,886
$0
$0
1 $195,0011
DEPARTMENT of MENTAL HEALTH, MENTAL RETARDATION and SUBSTANCE ABUSE SERVICES
NOTIFICATION OF FUNDING
Community -Services Board:
Executive Director:
CONSUMER NAME
Virginia Beach
Dennis Wool
START DATE
2
3
4
CONSUMER NAME
START DATE
6
7
8
9
10
Number of new. Waiver slots issued for above Consumers
Number of above Consumers currently receiving SPO Case Management
Approved Allocation:
WAIVER FEES
FFP and Match
WAIVER MATCH, PROVIDED BY
OR THROUGH DEPARTMENT
FY -96
WAIVER MATCH PROVIDED
BY CSB
SPO FEES (FFP4and MATCH)
for CASE MANAGEMENT
$o
FY -97
$o
so
$o
CASE MANAGEMENT SPO MATC
PROVIDED BY THE DEPARTMENT
CASE MANAGEMENT SPO MATC
PROVIDED BY THE CSB
MR STATE GENERAL FUNDS
not Medicaid Match
ONE—TIME
MR STATE GENERAL FUNDS
mom
$15 000
so
iiP',i
�v
Approved:
Robert H. Shackelfor" , Jr., Assistant Commissioner
Finance and Administration
RICHARD D. HOLCOMB
COMMISSIONER
Dear Ms. Phelps,
COMMONWEALTH of VIRGINIA
Department of Motor Vehicles
2300 West Broad Street
February 12, 1996
MAIL ADDRESS
POST OFFICE BOX 27412
RICHMOND, VIRGINIA 23269-0001
I am pleased to inform you that a Mini -Grant for $1,500.00 for P.O.K.I.T. has been approved
and you may proceed with your project as outlined in your application. Your Grant # is OP96-
06-52006-2. Please include it on all correspondence.
A reminder that the Mini -Grant is given on a reimbursement system and only those items
approved in the application are eligible for reimbursement. Also you will be required to submit
an activity report at the conclusion of your project.
Guidelines are attached that will give you further details on the reimbursement procedure and
final report.
I appreciate your willingness to enhance the traffic safety measures in your locality and I look
forward to hearing from you on the progress of your program.
Please contact me at 363-3930 if I can be of further assistance.
Sincerely,
e rOG,
Martha R. Haley
Community Traffic Safety Program Supervisor
dr, A Partnership With the Public
Item IV -J3.
ORDINANCES
- 26 -
ITEM # 40567
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE $64,730 in State Funding,
$614 in Federal Funding, and $804 in Funding from the Inmate
Telephone Special Revenue Fund for the Department of Mental Health -
Mental Retardation -Substance Abuse (MHMRSA) for community-based
services to adolescents; estimated revenue from the state and federal
governments be increased accordingly; and the City Manager be
authorized to execute the necessary agreements.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $64,730 IN STATE FUNDING,
2 $614 IN FEDERAL FUNDING, AND $804 IN FUNDING FROM THE INMATE
3 TELEPHONE SPECIAL REVENUE FUND FOR A TOTAL AMOUNT OF $66,148 IN
4 ADDITIONAL FUNDING FOR THE DEPARTMENT OF MENTAL HEALTH -
5 MENTAL RETARDATION -SUBSTANCE ABUSE
6 WHEREAS, the Community Services Board and the Department of Mental Health,
7 Mental Retardation, and Substance Abuse (Mf MRSA) are responsible for the coordination
8 and implementation of mental health, mental retardation, and substance abuse services;
9 WHEREAS, the Department has received $64,730 in additional state funding for
10 community-based services for adolescents with Substance Abuse problems;
11 WHEREAS, the Department has received $614 more than originally estimated for the
12 Department of Criminal Justice Services grant for which the $804 in required match funding
13 will be provided by the appropriation of fund balance in the Sheriff's Inmate Telephone
14 Special Revenue Fund;
15 WHEREAS, the requested increases in appropriations are subject to the continuation of
16 funding;
17 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
18 VIRGINIA BEACH, VIRGINIA,
19 1. That $66,148 be appropriated to the FY 95-96 Mental Health - Mental Retardation -
20 Substance Abuse Operating Budget;
21 2. That estimated revenue from the state and federal governments be increased by
22 $64,730 and $614, respectively, along with the appropriation of $804 from the fund balance of
23 the Inmate Telephone Special Revenue Fund;
24 3. That the appropriations are subject to the continuation of funding;
25 4. That the City Manager is hereby authorized to execute any grant agreements
26 associated with the acceptance and appropriation of these funds.
27 Adopted by the City Council of the City of Virginia Beach, Virginia, on the
28 7hth , day of March , 1996.
29 This ordinance shall be effective from the date of its adoption.
Approved as to Content
Ag'�i'}a� �tf'.��.
d' t:�O i_...3 AS TO
LEGAL SUFFICIENCY
Walter C. Kraemer, Jr
Department of Management Services
F:\users\mgentry\mhmrsa\approrida.two
CITY OF VIRGINIA BEACH COMMUNITY SERVICES BOARD
FY -96 ADDITIONAL REVENUES & APPROPRIATIONS
Appropriations
Account Codes
23302
Outpatient Services
23305
Prevention Services
TOTAL
01100
Executive Salaries
$0
01110
Middle Management Salaries
$0
01130
Professional Salaries
$0
01150
Technical Salaries
$0
01170
Clerical Salaries
$0
01180
Skilled Salaries
$0
01230
Professional Overtime
$0
01270
Clerical Overtime
$0
01330
Temp Profess Salaries
$0
01370
Temp Clerical Salaries
$0
01380
Temp Skilled Salaries
$0
01910
Contracted Manpower
$32,940
$32,940
Total Personnel
J;...ws., .,, , , , .. % C r
ria
02101
FICA
$0
02102
FICA Service Awards
$0
02104
FICA -Medicare
$0
02201
Retirement
$0
02301
Health & Dental Insur
$0
02302
Life Insurance
$0
02307
Unemployment Compen
$0
Total Frin , e Benefits
r .'
�.sJ.r,L.'s,.,.1,�✓., 'YA � ✓„l.J..,✓Y%„'i ,... r/.=✓ r,✓%✓✓i/I .,/�,�ll
03101
Professional Health Svcs
$0
03102
Legal Svcs
$0
03103
Other Prof Svcs
$0
03104
Independent Auditing
$0
03201
General Maint & Repair
$0
03202
General Maint-Facility
$0
03301
Advertising
$0
03401
Printing -Outside
$0
03402
Laundry & Dry Cleaning
$0
03403
Photographic Services
$0
03406
Refuse Disposal Svcs
$0
03407
Other Contractual Svcs
$1,418 $16,110 $17,528
Total Contractual Services
%/ ' `
04102
Microcomputing Services
$0
04201
City Garage Services
$0
04301
Central Store Charges
$0
04401
Print Shop Charges
$0
04501
Risk Management Charge
$0
Total Internal Services
,,, r. ��r ..�,�,�,,�,!� ��',✓' ` f,,y .,/A v .. r„,'r:✓
'41:404'i.,
05101
Electric Services
$0
05102
Heating Services
$0
05103
Water Services
$0
05104
Sewage Services
$0
05201
Postal Services
$0
05203
Telecommunications
$0
05401
Office Supplies
$1,000 $1,000
05402
Food& Food Service Sup
$0
05404
Medical & Lab Supplies
$0
05405
Housekeeping& Janitor Sup
$0
05406
Household Supplies
$0
FTE Request
Revenue
Account Codes
Appropriations
Account Codes
23302
Outpatient Services
23305
Prevention Services
241304 MH&Retardation:Warrants
TOTAL
05407
Building Maintenance Sup
$614
$614
530405 Trf from Sheriff Sp Rev Jail 9
$804
$0
05410
Uniforms & Wearing Apparel
$64,730
$64,730
$0
05412
Books& Subscriptions
$1,418
$64,730
$66,148
$0
05413
Educational & Library Sup
$3,330
,
$3,330
05414
Recreational Supplies
$11,350
$11,350
05415
Computer Supplies
$0
05416
Microfilming Supplies
$0
05417
Photographic Supplies
$0
05421
Construction Mat'& Supplies
$0
05423
Other Operating Supplies
$0
05499
Non -Capital Equipment
$0
05501
Professional Improvement
$0
05502
Travel -Routine
$0
05507
Mandated Certification
$0
05508
Training
$0
05708
Regular Foster Care
$0
05801
Dues & Assoc Memberships
$0
05804
Miscellaneous
$0
Total Other Chargesa
fi g 'i
1 F,.
°! , M:'••::;,:, r:,yr f r
im %% •
0
07101
Repl Machinery & Equip
$0
07102
Repl Furniture & Fixtures
$0
07103
Repl Communication Equip
$0
07105
Repl Motor Vehicles
$0
07301
Machinery& Equip
$0
07302
Furniture & Fixtures
$0
07303
Communication Equip
$0
07305
Motor Vehicles & Equip
$0
07307
Data Processing Equip
$0
Total Capital Outlay
.,,,
4 l
POW 4 „J, 01
%'
ri ;
i% 0
08001
Lease/Rent of Equip
$0
08002
Lease/Rent of Buildings
$0
Total Leases & Rentals
�,,
% 1z'/
Total
$1,418
$64,730
$66,148
FTE Request
Revenue
Account Codes
23302
Outpatient Services
23305
Prevention Services
TOTAL
241304 MH&Retardation:Warrants
$0
3413fDCJS/SA Jail Grant
$614
$614
530405 Trf from Sheriff Sp Rev Jail 9
$804
$804
241362 SA Youth Grant
$64,730
$64,730
$0
Total New Appropriations
$1,418
$64,730
$66,148
TIMOTHY A. KELLY, Ph. D.
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF
Mental Health, Mental Retardation and Substance Abuse Services
February 22, 1996
Mr. Dennis I. Wool, Ph.D.
Executive Director
Virginia Beach Community Services Board
Pembroke Six - Suite 208
Virginia Beach, Virginia 23462
Dear Mr. Wool:
P. O. BOX 1797
RICHMOND, VA 23214
(804) 786-3921
(804) 371-8977 VOICE/TDD
I have enclosed the following documents for your signature:
Three (3) copies of Standard Contract #1013-96 for the
period commencing upon contract execution and terminating
on February 28, 1997.
Three (3) copies of Memorandum of Understanding #1013-96
for the period commencing upon contract execution and
terminating on February 28, 1997.
Please sign all three copies of the Standard Contract and the Memorandum
of Understanding and return to me. Once completed, we'll send you a
copy of both for your records. This contract will not become binding
upon this agency until it has been approved by our Commissioner, Timothy
A. Kelly.
Should you have any questions, please contact me at (804) 786-3915.
Sincerely,
Michael J. CO
Grants and tr.. t S•-cialist
COMMONWEALTH OF VIRGINIA
DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION
AND SUBSTANCE ABUSE SERVICES
STANDARD CONTRACT
CONTRACT NUMBER: #1013-96
This contract entered into this 23rd day of February 1996, by Virginia Beach Community Services
Board, hereinafter called the "Grant Recipient" and Commonwealth of Virginia, Department of Mental Health,
Mental Retardation and Substance Abuse Services hereinafter called the "Granting Agency".
WITNESSETH that the Grant Recipient and the Granting Agency, in consideration of. the mutual
covenants, promises and agreements herein contained and or attached, agree as follows:
SCOPE OF SERVICES: The Grant Recipient shall provide the services to the Granting Agency, as set
forth in the Contract Documents.
PERIOD OF PERFORMANCE: The period of this Agreement is from date of contract execution
through February 28. 1996.
COMPENSATION AND METHOD OF PAYMENT: The Grant Recipient shall be paid by the
Granting Agency a total award amount of $64,730. Payments shall be made to the Grant Recipient on a semi-
monthly basis.
CONTRACT DOCUMENTS: The contract Documents shall consist of this signed contract, the RFGP
#720-96703M issue date August 10, 1995, the Grant Recipient's proposal dated September 28, 1995 as amended,
the Memorandum of Understanding dated February 23, 1996.
IN WITNESS WHEREOF, The parties have caused this Contract to be duly executed intending to be
bound thereby.
Virginia Beach Community Services Board
By:
Dennis I. Wool, Ph.D.
Executive Director
Date:
Department of Mental Health, Mental Retardation
and Substance Abuse Services
By:
Timothy A. Kelly, Ph.D.
Commissioner
Date:
COMMONWEALTH OF VIRGINIA
MEMORANDUM OF UNDERSTANDING
THIS DOCUMENT CONSTITUTES A GRANT AGREEMENT BETWEEN:
Virginia Beach Community Services Board referred to as "Grant
Recipient",
AND
The Department of Mental Health, Mental Retardation and Substance Abuse
Services, hereinafter referred to as "Granting Agency"
AND IS DATED February 23, 1996. CONTRACT NUMBER: 1013-96
By result of negotiations between the parties, the following agreements
are made:
1.0 Grant Recipient shall not be required to submit the Subgrantee
Expenditure Report as stated in RFGP #720-96703M, Section 3.0, Number
3.1. Grant Recipient shall be required to report quarterly expenditures
for this agreement on a form #5, which is part of the performance
contract.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly
executed intending to be bound thereby.
Virginia Beach Community Services Board
By: '
Dennis I. Wool, Ph.D.
Executive Director
Date:
Department of Mental Health, Mental Retardation
and Substance Abuse Services
By:
Timothy A. Kelly, Ph.D.
Commissioner
Date:
Bruce C. Morris
Director
COMMONWEALTH of VIRGINIA
Department of Criminal Justice Services
May 22, 1995
Mr. James K. Spore
City Manager
City of Virginia Beach
Municipal Center
Virginia Beach, VA 23456
Re: Program: Drug Control and Criminal Justice Improvements
Project Title: Intensive Sub. Abuse Cellblock/Aftercare Pgm.
Grant Number: 96-C8110AD95
805 East Broad Street, Tenth Floor
Richmond, Virginia 23219
(804) 786-4000
FAX 804-371-8981
TDD (804)786-8732
Dear Mr. Spore:
The Department of Criminal Justice Services has completed its review of your grant
application. Based on our review, I am pleased to inform you that we are awarding $36,555.00 in
federal funds for this project, provided that you agree to contribute $12,185.00 in local cash
match. This will result in a total grant award of $48,740.00. `f ?, Z MPPit-*Pp-i,-7100
A Statement of Grant Award, with an approved project budget and grant conditions for
this award, will be issued prior to July 1, 1995. In the meantime, if you have any questions,
please feel free to contact our Grants Administrator, Joe Marshall, at 804-786-1577.
Sincerely,
Bruce C. Morris
Director
cc:, Ms. Kathryn B. Hall, Program Director
Ms. Patricia Phillips, Director of Finance
Lloyd Young, DCJS
Criminal Juane Server Board • Committee on Training • Juvenile Justice and Delinquency Praw+tlon Advisory Committee
Advisory Committee to Court Appointed Spacial Advocate and Chlldrsn's Justice Act Programs
P, vats Saoursy Serwcss Advisory Board • Crinnal Justice Inlormstron Systems Ca,vnmw
- 27 -
Item IV -J.4.
ORDINANCES ITEM # 40568
Upon motion by Kee Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to TRANSFER $41,000 from the Tourism and Growth
Investment Fund (TGIF) Reserve for Contingencies to the Performing
Arts Festival Support Unit in the FY 1995-96 Operating Budget re
additional City support for the festival.
Voting: 9-2
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
Robert K Dean and Nancy K Parker
Council Members Absent:
None
March 26, 1996
AN ORDINANCE TO TRANSFER $41,000 FROM THE TOURISM AND GROWTH INVESTMENT FUND
RESERVE FOR CONTINGENCIES TO THE PERFORMING ARTS FESTIVAL SUPPORT UNIT IN THE FY
1995-96 OPERATING BUDGET TO PROVIDE ADDITIONAL CITY SUPPORT TO THE FESTIVAL
1 WHEREAS, the Virginia Beach Center for the Arts is expanding the Boardwalk Art Show with the
2 goal of becoming a 10 day major East Coast cultural and educational event for the benefit of residents and visitors,
3 and
4 WHEREAS, there is sufficient funding within the Tourism and Growth Investment Fund Reserve for
5 Contingencies to provide this additional funding,
6 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA, that $41,000 be transferred from the Tourism and Growth Investment Fund Reserve for
8 Contingencies to the Performing Arts Festival Support Unit in the FY 1995-96 Operating Budget to provide additional
9 support to the festival,
10 Adopted by the Council of the City of Virginia Beach, Virginia on the 26 ttlay of March , 1996.
APPROVED AS TO
LEGAL, SUF C, _ •1..
Co
ntent
C R W -D: \O B 96\Visitor\festival. o rd
Walter C. Kra r
Management and Budget
Item IV -J.5.
ORDINANCES
- 28 -
ITEM # 40569
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council DEFERRED
INDEFINITELY:
Ordinance to authorize a temporary encroachment into a portion of the
City'sirainage right-of-way to Ronald L. and Catherine T. Moore re
constructing and maintaining a bulkhead and fill-in adjacent to 2005
Falling Sun Lane (PRINCESS ANNE BOROUGH).
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
Item IV -J.6.
ORDINANCES
- 29 -
ITEM # 40570
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance to appoint viewers in the petition of VIRGINL4 BEACH
SOUTH PARKING, L.L.C. for the closure of a portion of 8th Street
beginning at the intersection of the Western right-of-way line of Atlantic
Avenue and the Northern right-of-way line of 8th Street (VIRGINIA
BEACH BOROUGH)
The Viewers are:
David M Grochmal Director of General Services
Robert J. Scott Director of Planning
Ralph A. Smith Director of Public Works
Voting: 10-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, Harold
Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker, Vice Mayor William D. Sessoms, Jr. and
Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Abstaining:
William W. Harrison, Jr.
Council Members Absent:
None
Councilman Harrison ABSTAINED as his law firm represents Virginia Beach South Parking, L.L.C.
March 26, 1996
ORDINANCE APPOINTING VIEWERS
WHEREAS, VB/South Parking, L. L. C., a Virginia limited
liability company, (VB/South") has given due and proper notice, in
accordance with Section 15.1-364 of the Code of Virginia, 1950, as
amended, that it will on the 26th day of March, 1996, apply to the
City Council of the City of Virginia Beach, Virginia, for the
appointment of Viewers to view the hereinafter described portion of
a street and report in writing to the Council whether, in the
opinion of said Viewers, any, and if any, what inconvenience would
result from the discontinuance of a portion of such street; and
WHEREAS, VB/South has filed such application with the Council.
NOW, THEREFORE, be it ORDAINED by the Council of the City of
Virginia Beach, Virginia:
THAT Robert J. Scott
David M. Grochmal
and
Ralph A. Smith
are hereby
appointed to view the hereinafter described portion of a street and
report in writing to the Council, as soon as possible, whether in
their opinion, any, and if any, what inconvenience would result
from the discontinuing and vacating of the portion of the street
located in the City of Virginia Beach, Virginia, and more
particularly described as follows:
THAT certain portion of a street designated as "8TH
STREET 80' R/W 0.522 ACRES" on that certain plat entitled
"EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH
VIRGINIA BEACH, VIRGINIA" dated February 27, 1996,
attached hereto and made a part hereof.
The plat described above is intended to be recorded with the
Ordinance closing the portion of the street described above.
ADOPTED by the City Council of the City of Virginia Beach,
Virginia, this mthday of March , 1996.
ORDINANCE NO.:
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THAT PORTION OF 8TH STREET AS SHOWN UPON THAT CERTAIN
PLAT ENTITLED, "EXHIBIT SHOWING A PORTION OF 8TH STREET
TO BE CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY
VIRGINIA BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" DATED
FEBRUARY 27, 1996, ATTACHED HERETO AND MADE PART HEREOF.
WHEREAS, it appearing by affidavit that proper notice has been
given by VB/South Parking, L. L. C., a Virginia limited liability
company, that it would apply to the Council of the City of Virginia
Beach, Virginia, on March 26, 1996, to have the hereinafter
described portion of a street discontinued, closed, and vacated;
and
WHEREAS, it is the judgment of the Council that a portion of
such street be discontinued, closed, and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia Beach,
Virginia, that the hereinafter described portion of a street be
discontinued, closed, and vacated:
ALL THAT portion of a street designated as "8TH STREET
80' R/W 0.522 ACRES" on that certain plat entitled
"EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE CLOSED AND
VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH BOROUGH
VIRGINIA BEACH, VIRGINIA" dated February 27, 1996,
attached hereto and made apart hereof.
SECTION II
A certified copy of this Ordinance shall be filed in the
Office of the Circuit Court of the City of Virginia Beach,
Virginia, indexed in the name of the City of Virginia Beach, as
grantor.
SECTION III
ADOPTED by the City Council of the City of Virginia Beach,
Virginia, this day of , 1996.
GPIN NO:
NOTICE
PLEASE TAKE NOTICE, that at the meeting of the City Council of
the City of Virginia Beach, Virginia, to be held on the 26th day of
March, 1996, at 6:30 p.m., in the City Council Chambers, City Hall,
Municipal Center, Virginia Beach, Virginia, 23456, the undersigned
will petition the Council for the appointment of Viewers to view
the hereinafter described portion of 8th Street and report to the
City Council whether in the opinion of the Viewers, what, if any,
inconvenience would result from the vacation, closure and
discontinuance of such portion of 8th Street located in Virginia
Beach, Virginia, and described as follows:
Beginning at the point of intersection of the western
right-of-way line of Atlantic Avenue and the northern
right-of-way line of 8th Street; thence S13°39'15"E along
the western right-of-way line of Atlantic Avenue a
distance of 80.97 feet to the point of intersection of
said right-of-way line with the southern right-of-way
line of 8th Street; thence S76°06'29"W along the southern
right-of-way line of 8th Street a distance of 251.08 feet
to a point in the right of way; thence S36°07'30"W along
said right-of-way a distance of 27.76 feet to the point
of intersection of said right-of-way with the eastern
right-of-way line of Pacific Avenue; thence N16°57'29"W
along the eastern right-of-way line of Pacific Avenue a
distance of 120.29 feet to the point of intersection of
said right-of-way with the northern right-of-way line of
8th Street; thence S59°03'47"E along said right-of-way a
distance of 30.24 feet to a point in the right-of-way;
thence N76°06'29"E along said right-of-way a distance of
257.67 feet to the point of Beginning.
At that time, any affected person may appear and present his
or her views.
At the next regular meeting of the City Council after receipt
of the report of the Viewers, or as soon thereafter as the matter
may be placed on the Council agenda, the undersigned will Petition
the City Council to vacate, close and discontinue the above
described portion of 8th Street containing 0.522 acres.
VB/South Parking, L. L. C.
By �. \
chrd H. Matthews, Of Counsel
Richard H. Matthews
PENDER & COWARD
192 Ballard Court
Virginia Beach, VA 23462
(804) 490-3000
TO:
IN THE MATTER OF CLOSING, VACATING, AND DISCONTINUING
THAT PORTION OF A STREET AS SHOWN UPON THAT CERTAIN PLAT
ENTITLED, "EXHIBIT SHOWING A PORTION OF 8TH STREET TO BE
CLOSED AND VACATED AS A PUBLIC RIGHT-OF-WAY VIRGINIA
BEACH BOROUGH VIRGINIA BEACH, VIRGINIA" DATED FEBRUARY
27, 1996, ATTACHED HERETO AND MADE PART HEREOF.
PETITION
THE MAYOR AND THE MEMBERS OF THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA
Your Petitioner, VB/South Parking, L. L. C., respectfully
represents as follows:
1. That pursuant to the provisions of Section 15.1-364 of
the 1950 Code of Virginia, as amended, the Petitioner applies for
the vacating, closing, and discontinuance of a portion of that
certain street which is more specifically described as follows:
ALL THAT portion of 8th
the "8TH STREET 80' R/W
certain plat entitled
PORTION OF 8TH STREET TO
street designated as
0.522 ACRES" on that
"EXHIBIT SHOWING A
BE CLOSED AND VACATED
AS A PUBLIC RIGHT-OF-WAY VIRGINIA BEACH
BOROUGH VIRGINIA BEACH, VIRGINIA" dated
February 27, 1996, attached hereto and made
apart hereof.
2. That no inconvenience will result to any person by reason
of the closing, vacation and discontinuance of a portion of the
street; and the Petitioner prays that this Honorable Council
appoint viewers as provided by law to view the portion of the
platted street proposed to be closed and to report in writing to
the Council as soon as practicable as to whether, in the opinion of
said Viewers, what inconvenience, if any, would result from the
discontinuance and the closing of the portion of the street
described herein above.
3. That on the 17th day of March, 1996, and on the 24h day
of March, 1996, notice of the presentation of this application was
published in the Virginian -Pilot & Ledger -Star, a newspaper of
general circulation in the City of Virginia Beach, Virginia.
4. That the owners of the fee simple interest in the land
adjacent to the portion of the street described in paragraph 1 of
this Petition is Burlage Associates, a Virginia general
partnership, which will, as the adjacent land owner, become the fee
simple owner of the closed portion of the street.
Respectfully submitted,
VB/Southarking, L. L. C.
By
Richard H. Matthews
Pender & Coward, P. C.
192 Ballard Court
Virginia Beach, VA 23462-2483
Lt
f Counsel
AFFIDAVIT
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to -wit:
I, Charles M . Salle, attorney for VB/South, L. L. C., a
Virginia limited liability company ("VB/South"), being first duly
sworn, deposes and states:
1. That I am an attorney at law and represent VB/South.
2. That on the 17th day of March, 1996, and on the 24th day
of March, 1996, notice of the presentation of the application, on
behalf of VB/South, to close that portion of 8th Street designated
as the "8TH STREET 80' R/W 0.522 ACRES" on the attached plat will
be published in the Beacon section of the Virginian -Pilot & Ledger -
Star, a newspaper of general circulation in the City of Virginia
Beach, Virginia.
1996.
And further the deponent saith not.
1,
C`�7
Charles M. Salle
Subscribed and sworn to before me this 19th day of March,
LLL.,
Notary Public
My Commission Expires:.
H. LEE ADDISON. III
DAVID L. ARNOLD
SHARON E. CONNAUGHTON
DARRELL A. DRINKWATER
RANDOLPH C. DuVALL•
LAWRENCE H. GLANZER
DOUGLAS J. GLENN
ELIZABETH S. HODGES
DAVID L. HORNE
PHILIPJ. INFANTINO
DOUGLAS E. KAHLE
JAMES B. LONEROAN
BURKE W. MARGULIES
RICHARD H. MATTHEWS
MICHAEL E. ORNOFF
CHARLES M. SALLE
DANIEL M. SCHIEBLE
MARK E. SLAUGHTER
GLEN W. THOMPSON
LYNN K. TIEDGE
JOHN A. TILHOU
W. ROBERT TURNER, 111
JOSEPH T. WALDO
BONNIE M. WHEELER
GUION H. WILLIS
SARAH J. ZECCA
'ALSO OF
NORTH CAROLINA SAR
PENDER & COWARD
A PROFESSIONAL CORPORATION
ATTORNEYS AND COUNSELLORS AT LAW
FOURTH FLOOR, GREENWICH CENTRE
192 BALLARD COURT
VIRGINIA BEACH, VIRGINIA 23462-6557
TELEPHONE (804) 490-3000
FACSIMILE 1604) 497-1914
February 27, 1996
CERTIFICATE OF VESTING OF TITLE
NEWTOWN SQUARE OFFICE
160 NEWTOWN ROAD, SUITE 311
VIRGINIA BEACH, VIRGINIA 23462-2463
WILLIAM C. PENDER 11693.19791
NELSON W. COWARD 11916.19891
MEMBER
COMMONWEALTH LAW GROUP, LTD.
DIRECT DIAL NUMBER
490-6279
I, Richard H. Matthews, Attorney for the Petitioner, VB/South
Parking, L. L. C., a Virginia limited liability company
("VB/South"), do hereby certify that:
1. I am an attorney at law and represent VB/South.
2. If the portion of 8th Street designated as "8TH STREET
80' R/W 0.522 ACRES" on the attached plat is discontinued, closed
and vacated by the Council of the City of Virginia Beach, Virginia,
then title to the closed portion of 8th Street will vest in Burlage
Associates, a Virginia general partnership, as the owner of the fee
simple interest in the land adjacent to the street.
Veil
Richard H. Matthews
ours,
C
EXHIBIT A
Beginning at the point of intersection of the western
right-of-way line of Atlantic Avenue and the northern
right-of-way line of 8th Street; thence S13°39'15"E along
the western right-of-way line of Atlantic Avenue a
distance of 80.97 feet to the point of intersection of
said right-of-way line with the southern right-of-way
line of 8th Street; thence S76°06'29"W along the southern
right-of-way line of 8th Street a distance of 251.08 feet
to a point in the right of way; thence S36°07'30"W along
said right-of-way a distance of 27.76 feet to the point
of intersection of said right-of-way with the eastern
right-of-way line of Pacific Avenue; thence N16°57'29"W
along the eastern right-of-way line of Pacific Avenue a
distance of 120.29 feet to the point of intersection of
said right-of-way with the northern right-of-way line of
8th Street; thence S59°03'47"E along said right-of-way a
distance of 30.24 feet to a point in the right-of-way;
thence N76°06'29"E along said right-of-way a distance of
257.67 feet to the point of Beginning.
MIND
MIMS
ATLANTIC AVE.
80' R/W
S 13'39'15" E 80.97'
co
u)
N
GPIN 2427-24-4096-0000
N \F
15 BURLAGE ASSOCIATES
DB 2798, PG. 1242
(M.B. 1, P.G. 20) W
0)
c0
O
CO
3'1 w
(S 6'47'50" E)
GPIN 2427-23-6816-0000
TIN 2427-23-6816-0000
GPIN 2427-23-6816-0000
N \F
BUkLAGE ASSOCIATES O
Ui 12400, PG. 615
(M.6 161, P.G. 32)
GPIN 2427-23-5815-0000
O
VIII •11,
GPIN 2427-23-4857-0000
GPIN 2427-23-4824-0000
S 59'03'46" E
30.24'
42.5'
+75.87
CONSTRUCTION
CENTERLINE
21
0
N 16'57'29"
w 120.29'
PACIFIC AVE
VAR. R/W
194+00
195+00
(N 6'47'50" W)
S 36'07'30" W
27.76'
P.O.T. 194+35.88 PACIFIC AVE.
P.I. 10+00 8TH STREET
EXHIBIT SHOWING
A PORTION OF 8TH STREET
TO BE CLOSED AND VACATED
AS A PUBLIC RIGHT—OF—WAY
VIRGINIA BEACH BOROUGH
LEGEND VIRGINIA BEACH, VIRGINIA
0
Proj.No.:
LOT NUMBER
DRILL HOLE FOUND
PROPERTY UNE
R.O.W.
AREA TO BE CLOSED
MONUMENT FND.
PHR3/4
PATTON HARRIS RUST it ASSOCIATES, PC
4542 BONBEACH, M
NEY ROAD 23482A Professional Corporation VIRGINIA( 4) 7-�
(so4) 4a�-�4r1 FAx
En�gineers,Surveyors,Planners and Landscape Architects
Fairfax. Va./Bridgewater, Va./Leesburg, Va./Virginia Beach, Va./Chantily, Va./Winchester, Va.
9421-1-0
Date:
02/27/96
Scale:
1# =501
Acad File:
8thplat
Drawn/Checked
JLS/WPC
Item IV -J.7.
ORDINANCES
- 30 -
ITEM # 40571
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED:
Ordinance authorizing License Refunds in the amount of $5,289.19 upon
application of certain persons and upon Certification of the
Commissioner of the Revenue.
Voting: 11-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
FORM NO. C.A. t REV. 9066
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License Date
Year Paid
Base Penalty Int. Total
Grant, David W 94-95 Audit 13.20 13.20
T/A Grants Lawn Service
4104 Shoreline Cir 154
Virginia Beach, Va 23452
Latimer Corp The 93-94 Audit 147.94 147.94
T/A Cats Meow The
636 Piney Point Road
Virainia Beach, Va 23452
Pritchard Kerry & Register JM 93-94
T/A Olearys Fish Market
841 Whispering Woods Court
Virginia Beach, Va 23456
Ware & Wood Enterprises, Ltd 1994
T/A Merry Maids
1706 Franklin Street
Fredericksburg, Va 22401
This ordinance shall be effective from date of
adoption.
Audit
Audit
36.00 36.00
15.94 15.94
Certified as to Payment:
obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
Les le L Lilley
City Attorney
The above abatement(s) totaling $ 213.08 were approved by the Council
of the City of Virginia Beach on the 26th day of March , 19 95
Ruth Hodges Smith
City Clerk
FORM NO. CA 6 REV. 3416
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License Date
Year Paid
Base Penalty Int. Total
Kyler Escalera & Augusta Woodruff AUDIT 60.00 60.00
T/A Advanced Auto Sound Security
1516 Virginia Beach Boulevard
Virginia Beach, Va. 23454
First Financial Title Agency of Virginia, Inc.
3074 Brickhouse Court AUDIT 3,806.56 3,806.56
Virginia Beach, Va. 23452
Foyco Enterprises, Inc. AUDIT 633.99 633.99
T/A Chop Chop
301 Cedarwood Lane
Chesapeake, Va. 23320
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $4,500.55
of the City of Virginia Beach on the 26th day of
Ruth Hodges Smith
City Clerk
Certified as to Payment:
obert P. Vaughan
Commissioner of the evenue
Approved as to form:
L ie . Lilley
City Attorney
were approved by the Council
March
,19 95
FORM NO. CA a REV. 3/196
AN ORDINANCE AUTHORIZING LICENSE REFUNDS
UPON APPLICATION OF CERTAIN PERSONS AND
UPON CERTIFICATION OF THE COMMISSIONER
OF THE REVENUE
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for license refunds, upon certification of the Commissioner of the
Revenue are hereby approved:
NAME
License Date
Year Paid
Base Penalty Int. Total
Kitchen Corporation 1993-95 Audit 462.14 462.14
T/A Sea Hawk Motel/Restaurant
594 Tenbee Lane
Virginia Beach, VA 23451
Travel Network, Inc. 1995 Audit 83.42 83.42
1832 Longdale Drive
Norfolk, VA 23518-4942
Wiley's Maintenance & Repair, Inc.
213 Driftwood Road 1994-95 Audit 30.00
Virginia Beach, VA 23452
Certified as to Payment:
30.00
Obert P. Vaughan
Commissioner of the Revenue
Approved as to form:
L. Lilley
City Attorney
This ordinance shall be effective from date of
adoption.
The above abatement(s) totaling $575.56 were approved by the Council
of the City of Virginia Beach on the 26th day of March 1995
Ruth Hodges Smith
City Clerk
- 31 -
Item IV -K
PUBLIC HEARING ITEM # 40572
PLANNING
Mayor Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING
1. LYNN LTD.
2. LEO C. WARDRUP, III
3. BRIAN C. LARGE
4. TARGET
5. TAYLOR FARM ASSOCIATES, L.L.C.
6. TWIN STAR ENTERPRISES, INC.
7. CITY OF VIRGINIA BEACH
RECONSIDERATION TO
MODIFY CONDITIONS
(Marie T. Lamb appr. 1/19/88)
VARIANCE
VARIANCE
CONDITIONAL CHANGE OF
ZONING
CHANGES OF ZONING
AND
MODIFICATION TO THE
LAND USE PLAN
CHANGE OF ZONING
AND
CONDITIONAL USE PERMIT
AMEND AND REORDAIN
SEC. CITY CODE/re
INSPECTION FEES
AMEND AND REORDAIN
SITE PLAN ORDINANCE
RE ENGINEER COST
ESTIMATES
AMEND CZO
CORRECTIONAL FACILITIES
FLOODPLAIN REGULATIONS
March 26, 1996
Item IV -K
PUBLIC HEARING
PLANNING BY CONSENT
- 32 -
ITEM # 40573
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council APPROVED IN ONE
MOTION Items 4 (Deferred to April 9, 1996) and 7 a.b. of the PLANNING BY CONSENT AGENDA.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Mayor Meyera E. Oberndorf Nancy K
Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Louis R. Jones
March 26, 1996
Item IV -K 1.
PUBLIC HEARING
PLANNING
- 33 -
ITEM # 40574
Upon motion by Council Lady Strayhorn, seconded by Councilman Dean, City Council REFERRED
BACK TO PLANNING COMMISSION the RECONSIDERATION TO MODIFY CONDITIONS in the
January 19, 1988, approved Application of MARIE T. LAMB for a Change of Zoning District
Classification from R-8 Residential District to A-1 Apartment District for LYNN LTD. at the Southwest
corner of Bonney Road and Kenley Road (4973 Bonney Road), containing 7.8 acres (KEMPSVILLE
BOROUGH).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
Item IV -K2.
PUBLIC HEARING
PLANNING
- 34 -
ITEM # 40575
The Honorable Leo C. Wardrup, III, represented his application.
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council APPROVED the
Application of LEO C. WARDRUP, III for a Variance to Section 4.4(b) of the Subdivision Ordinance,
which requires all lots created by subdivision meet all requirements of the City Zoning Ordinance.
Appeal form Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance. subdivision for Leo C. Wardrup,
Jr., & Leo C. Wardrup, III. proeprty is located at 1057 Old Lane.
LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
- 35 -
Item IV -K3.
PUBLIC HEARING ITEM # 40576
PLANNING
Lance C. Large, 3284 Edinburgh Drive, Phone: 431-1041, represented the applicant
The following registered in OPPOSITION:
Gerard Dworske, Jr., 445 Smiths Lane, Phone: 340-3125
Louis L. Chappell, 441 Smiths Lane, Phone: 340-3843
Upon motion by Councilman Harrison, seconded by Vice Mayor Sessoms, City Council DENIED
Application of BRIAN C. LARGE for a Variance to Section 4.4(b) of the Subdivision Ordinance which
requires all lots created to meet all requirements of the City Zoning Ordinance:
Appeal from Decisions of Administrative Officers in regard to certain
elements of the subdivision ordinance. Subdivision for Brian C. Large.
Property is located at 445 Smith's Lane. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
Item IV -K4.
PUBLIC HEARING
PLANNING BY CONSENT
- 36 -
ITEM # 40577
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council DEFERRED UNTIL
CITY COUNCIL SESSION OF APRIL 9, 1996 the Application for TARGET for a Conditional Change
of Zoni g District Classification:
ORDINANCE UPON APPLICATION OF TARGET, FOR A
CONDITIONAL CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R -5D to B-2
Ordinance upon application of Target for a Conditional Change of
Zoning District Classification from R -5D Residential Duplex District to
Conditional B-2 Community Business District at the southeast corner of
Princess Anne Road and Lynnhaven Parkway. The proposed zoning
classification change to B-2 is for general commercial land use. The
Comprehensive Plan recommends use of this parcel for suburban high
density residential at densities that are compatible with single family use
in accordance with other plan policies. (The plan also recognizes this site
as an opportunity area with potential for mixed use development) Said
parcel contains 19 acres. KEMPSVILLE BOROUGH
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M. Henley, Mayor Meyera E. Oberndorf Nancy K
Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Louis R. Jones
March 26, 1996
Item IV—K5.
PUBLIC HEARING
PLANNING
— 37 —
ITEM # 40578
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant/
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council ADOPTED, subject
to the required right—of—way alignment reservation for the Southeastern Parkway and Greenbelt shall
be reserved with the proviso that the City will notify the developer in three years as to whether or not
the City would require this right—of—way; however, the City shall not be required to purchase such
right—of—way for a period of five (5) years; and, accepted revised Condition 2C Ordinances upon
application of TAYLOR FARM ASSOCIATES, LLC for Changes of Zoning and Modification to the Land
Use Plan:
ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES,
LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM R-20 to R-10 Z03961487
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
A N D,
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning District Classification from R-20 Residential District
to R-10 Residential District on the following parcels:
Parcel 1: South side of London Bridge Road, 1460 feet more or less
West of Pine View Avenue.
Parcel 2: South side of London Bridge Road, 800 feet more or less West
of Pine View Avenue.
The proposed zoning classification change to R-10 is for single family
residential land use on lots no less than 10,000 square feet. The
Comprehensive Plan recommends use of this parcel for suburban low
density residential at densities that are compatible with single family use
in accordance with other Plan policies. Said parcels contain 6.5 acres.
PRINCESS ANNE BOROUGH.
ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES,
LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM AG -1 TO R-10 Z03961488
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning District Classification from AG -1 Agricultural District
to R-10 Residential District on certain property located 2650 feet more
or less southwest of the intersection of London Bridge Road and Pine
View Avenue. The proposed zoning classification change to R-10 is for
single family residential land use on lots no less than 10,000 square feet.
The Comprehensive Plan recommends use of this parcel for suburban low
density residential at densities that are compatible with single family use
in accordance with other Plan policies. Said parcel contains 11 acres.
PRINCESS ANNE BOROUGH.
March 26, 1996
- 38 -
Item IV -L.5.
PUBLIC HEARING ITEM # 40578 (Continued)
PLANNING
A N D,
ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES,
LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROMR-10 TO PD -H2 PLANNED UNIT DEVELOPMENT ZO3961489
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
A N D,
Ordinance upon application of Taylor Farm Associates, LLC for a
Change of Zoning District Classification from R-10 Residential District
to PD -H2 Planned Unit Development on certain property located 2670
feet more or less southwest of the intersection of London Bridge Road
and Pine View Avenue. The proposed zoning classification change to
PD -H2 is for planned development. The Comprehensive Plan
recommends use of this parcel for suburban low density residential at
densities that are compatible with single family use in accordance with
other Plan policies. Said parcel contains 17.5 acres. PRINCESS ANNE
BOROUGH.
ORDINANCE UPON APPLICATION OF TAYLOR FARM ASSOCIATES;
LLC FOR A MODIFICATION TO THE LAND USE PLAN FOR T.C.C.
DEVELOPMENT CORPORATION
Ordinance upon application of Taylor Farm Associates, LLC for a
modification to the Land Use Plan for T.C.C. Development Corporation
which was granted on January 14, 1985. Property is located on London
Bridge Road west of Pine View Avenue. Said parcel contains 300 acres.
PRINCESS ANNE BOROUGH.
The following conditions shall be required:
1. Until March 26, 1999, the February 2, 1996 plan will govern
development of the property. If the right-of-way for the
Southeastern Parkway and Greenbelt is acquired before that
date, then that plan will continue to govern thereafter. If the
right-of-way is not acquired by that date, then the November
1995 plan will govern commencing on March 26, 1999;
provided, however, that the City shall not be required to
purchase such right-of-way for a period of five (5) years.
2. Development shall be in accordance with the submitted
development regulations dated February 5, 1996, except that
minimum sideyard setbacks shall be as follows:
A. 5000 to 6000 square foot lots - 5' on one side and 10' on the
other.
B. 7,500 square foot lots - 5' on one side and 10' on the other.
C. AMENDED - Sideyard adjacent to a street - 15' for all lots,
plus a minimum of 10' landscaped common area to be owned
and maintained by the Property Owners Association between
the streets and the side lot lines, to provide the equivalent of at
least a 25' setback
March 26, 1996
Item IV -,L.5,
PUBLIC HEARING
PLANNING
- 39 -
ITEM # 40578 (Continued)
These Ordinances shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-sixth of March. Nineteen
Hundred and Ninety -Six.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
-40 -
Rem IV -L.6.
PUBLIC HEARING ITEM # 40579
PLANNING
Attorney R. Edward Bourdon, Pembroke One, Fifth Floor, Phone: 499-8971, represented the applicant.
Matthew S. Brown, General Manager, Family Ventures, 2425 George Mason Drive, Phone: 427-0187,
was in OPPOSITION.
Upon motion by Councilman Baum, seconded by Councilman Branch, City Council DEFERRED UNTIL
CITY COUNCIL SESSION OF MAY 28, 1996 Ordinances upon application of TWIN STAR
ENTERPRISES, INC.
and,
ORDINANCES UPON APPLICATION OF TWIN STAR ENTERPRISES,
INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION
FROM B-1 AND 0-2 TO CONDITIONAL 0-2
Ordinance upon application of Twin Star Enterprises Inc., for a Change
of Zoning District Classification from B-1 Neighborhood Business
district and 0-2 Office District to Conditional 0-2 Office District on the
southeast side of North Landing Road, northeast of Courthouse Drive.
The proposed zoning classification change to 0-2 is for office land use.
The Comprehensive Plan recommends use of this parcel for retail/service
use in accordance with other plan policies. Said parcels are located at
2371, 2380, 2387, 2388, 2395 and 2396 Court Plaza Drive and contain
6.166 acres. PRINCESS ANNE BOROUGH
ORDINANCE UPON APPLICATION OF TWIN STAR ENTERPRISES,
INC. FOR A CONDITIONAL USE PERMIT FOR A CORRECTIONAL
FACILITY
Ordinance upon application of Twin Star Enterprises, Inc. for a
Conditional Use Permit for a correctional facility on the southeast side
of North Landing Road, northeast of Court House Drive. Said parcel are
located at 2371, 2380, 2387, 2388, 2395 and 2396 Court Plaza Drive
and contain 6.166 acres. PRINCESS ANNE BOROUGH.
IF ORDINANCES TO AMEND SECTIONS 111 AND 801 RE CORRECTIONAL FACILITY ARE
DENIED ON APRIL 23, THEN THESE APPLICATIONS WILL NOT BE RESCHEDULED
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
Item IV -L.7. a. b.
PUBLIC HEARING
PLANNING BY CONSENT
-41 -
ITEM # 40580
Upon motion by Vice Mayor Sessoms, seconded by Councilman Dean, City Council ADOPTED:
Ordinances upon application of the CITY OF VIRGINIA BEACH:
a. AMEND Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33-
72, 33-74 and 33-75 of the Code of Virginia Beach re right-
of-way permits and inspection fees and public utility
inspection fees.
B. AMEND and REORDAIN Sections 4.1A and 7A.1 of the Site Plan Ordinance re
engineer cost estimates for development and construction projects and permit and
inspection fees
Voting: 9-0 (By Consent)
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Mayor Meyera E. Oberndorf Nancy K
Parker, Vice Mayor William D. Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III and Louis R. Jones
March 26, 1996
1
2 AN ORDINANCE TO AMEND THE SITE PLAN ORDINANCE
3 OF THE CITY OF VIRGINIA BEACH, VIRGINIA, BY
4 REQUIRING THE PROVISION OF AN ENGINEER'S COST
5 ESTIMATE ON SITE PLAN APPLICATIONS FOR
6 DEVELOPMENT AND CONSTRUCTION PROJECTS AND
7 MODIFYING THE PROCEDURE FOR PAYMENT OF PERMIT
8 AND INSPECTION FEES.
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
10 BEACH, VIRGINIA:
11 That Sections 4.1A and 7A.1 of the Site Plan Ordinance of the
12 City of Virginia Beach, Virginia, are hereby amended and reordained
13 to read as follows:
14 Sec. 4. Information required on site development plan.
15 4.1. Nine (9) copies of a site plan, prepared, stamped and
16 endorsed by a registered engineer, surveyor or other persons duly
17 licensed by the Commonwealth of Virginia to practice as such, shall
18 be submitted with every application for approval, and shall contain
19 the following information:
20 A. Property and ownership information:
21 1. A location map at a scale of not less than one inch
22 equals 1,600 feet with the site plan clearly marked on
23 the location map identifying the location of the
24 property;
25 2. Present recorded property owner and map book and page
26 reference and deed book and page reference of the site
27 property;
28 3. Owners, lot numbers and map book/page reference of all
29 adjacent properties;
30 4. A boundary survey of the parcel prepared at a scale of
31 one inch equals fifty (50) feet or larger; no sheet shall
32 exceed 24 x 36 inches in size. The survey shall include
33 the acreage and/or square footage of the site and
34 indicate all boundaries by course and distance;
35 5. Iron pins 3/8 inch in diameter and 36 inches in length
36 shall be shown and installed at all lot corners, points
37 of tangents and any angle point along a given course of
38 the parcel;
39 6. All property information shall be certified by the
40 engineer or surveyor of the project;
41 7. Existing zoning;
42 8. Geographical parcel identification number.
43 9. Effective January 1, 1995, every site plan for a
44 structure in the residential use group, as defined in the
45 Virginia Uniform Statewide Building Code, containing any
46 land located in an aircraft accident zone as designated
47 on the geometric specifications and height limitations
48 map and/or in noise zone 3, 2 or M as designated on the
49 city zoning map, shall delineate the boundaries of such
50 zones and such site plan shall state as follows: "THIS
51 SITE LIES WITHIN AIRCRAFT ACCIDENT ZONE AND/OR NOISE
52 ZONE(S) AND MAY BE SUBJECT TO AIRCRAFT ACCIDENTS AND/OR
53 ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROXIMITY TO
54 AIRPORT OPERATIONS. NOISE ZONE ATTENUATION MEASURES FOR
55 NEW CONSTRUCTION ARE REQUIRED IN ACCORDANCE WITH THE
56 AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND HEIGHT
57 RESTRICTIONS HAVE BEEN IMPOSED IN ACCORDANCE WITH SECTION
58 202(b) OF THE CITY ZONING ORDINANCE."
59 10. An engineer's cost estimate for the construction of
60 stormwater management facilities and all infrastructure
61 located within the public rights-of-way and easements.
62 COMMENT
63 The requirement of providing an engineer's cost estimate on site plan applications will enable the Planning Department
64 to assess the appropriate inspection fees for a construction or development project. It is anticipated that this change will increase
65 the efficiency of inspection and fee collection services while decreasing the City's costs as well as the developer's costs
66 associated with such services.
67 . . .
68 Sec. 7A. Permit and inspection fees.
69 7A.1. At the timc of installation of improvcment3, p Permit
70 and inspection fees shall be as generally provided for permits and
71 inspections specified in other ordinances of the city. For permits
72 and inspections not elsewhere specified, fees shall be based on
73 cost, and shall be payable, as determined by the agency involved_, -
74 =- ._ - =- = =. Failure to
2
75 pay within the period stipulated may be penalized by imposition of
76 a stop -work order, withholding of occupancy permits or such other
77 actions as is deemed warranted in the circumstances of the case.
78 COMMENT
79 The first phrase of Section 7A.1 was deleted because all fees must be paid at the time a permit is issued not at the time
80 of the installation of the improvements.
81 The 30 day billing period has been eliminated to streamline the payment and collection of permit and inspection fees.
82 This ordinance shall become effective the fifteenth day of
83 April, 1996.
84 Adopted by the City Council of the City of Virginia Beach on
85 this 26th day of March, 1996
86 CA -6186
87 DATA/ORDIN/PROPOSED/4-1-7-1.COM
88 March 20, 1996
89 R-4
3
APPROVED AS TO CONTENT
(7‘h)
Planning Department
APPROVED AS TO LEGAL
SUFFICIENCY
tit6ti- ‘ ---
Department of Law
1 AN ORDINANCE TO AMEND THE CITY CODE BY
2 MODIFYING THE DEFINITION OF THE TERM
3 "STRUCTURE;" REQUIRING THE PROVISION OF A
4 TRAFFIC CONTROL PLAN AND AN ENGINEER'S COST
5 ESTIMATE ON PERMIT APPLICATIONS FOR
6 CONSTRUCTION OF IMPROVEMENTS IN PUBLIC RIGHTS -
7 OF -WAY AND EASEMENTS; AND MODIFYING AND
8 CLARIFYING THE AMOUNT OF PERMIT AND INSPECTION
9 FEES FOR CONSTRUCTION OF IMPROVEMENTS IN
10 PUBLIC RIGHTS-OF-WAY AND EASEMENTS
11
12
13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15
16 That Sections 33-29, 33-51, 33-53, 33-57, 33-71, 33-72, 33-74,
17 and 33-75 of the Code of the City of Virginia Beach, Virginia, are
18 hereby amended and reordained to read as follows:
19
20 Sec. 33-29. Definitions.
21 For the purposes of this article, the following words shall
22 have the meanings respectively ascribed to them by this section:
23 Permittee. The word "permittee" shall mean any person to
24 whom a permit is issued pursuant to this article.
25 Street. The word "street" includes alleys, avenues,
26 boulevards, parks, public rights-of-way and all other public places
27 or easements.
28 Structure. The word "structure" means any building, pole
29 and appurtenance thereto, fixture, post, wire, guy and tower and
30 cable, vault, culvert, drainage system as defined in the stormwater
31 management ordinance (appendix D), manhole and other underground
32 installations.
33
34 COMMENT
35 The term drainage system was added to the definition of structures to reflect the reality that such structures are
36 reviewed and inspected under Chapter 33. This change is a housekeeping issue.
37
38 . . .
39
40 Sec. 33-51. General requirement.
41
42 Except as otherwise provided in this article, it shall be
43 unlawful for any person to perform any work in connection with the
44 erection, construction, removal, relocation or maintenance of any
45 structure, drainage system, surface, overhead or underground
46 installation or to cut, trim or spray trees or to place signs, if
47 such work, cutting, trimming, spraying or placing is on, under or
48 over a street or affects a street, until such person has obtained
49 a permit therefor in accordance with the provisions of this
50 division.
51
52 COMMENT
53 Similar to the amendment in Section 33-29, drainage systems and structures located in public rights-of-way and
54 easements have always required a permit under this chapter. However, these items were not expressly addressed in the
55 ordinance.
56
57
58
59 Sec. 33-53. Application.
60
61 (a) Application for a permit required by this division shall
62 be filed on forms supplied by the city. Such application shall show
63 all required information and be signed by the applicant or his
64 authorized agent. Such application shall include a description of
65 the work to be done and a sketch or site plan showing such work, if
66 required by the city manager or his designee.
67 (b) Sketches or site plans filed with an application under
68 this section shall show the following:
69 (1) The nature of the work to be done.
70 (2) Property lines, where appropriate, and street right -of -
71 way lines with location of the work with reference to a
72 fixed point on the street.
73 (3) Where surface or underground work is involved, a cross
74 section indicating conditions and proposed changes.
75 (4) Where grading operations are involved, the pavement,
76 shoulder, ditch and slope.
77 (5) Any tree which is to be removed.
78 III A traffic maintenance/control plan.
79 la An engineer's cost estimate of the total construction
80 costs of any improvements located within public rights -
81 of -way and easements.
82 (c) In addition to the information required in subsection (b)
83 above, a sketch or site plan filed with Aan application filcd under
84 this section for a permit involving underground installations shall
85 be accompanied by a sketch 3howIng also show the following:
86 (1) The exact location and dimensions of conduits, pipes,
87 vaults, manholes, crossings and other installations.
88 (2) Type (concrete, iron, etc.).
89 (3) Depth of covering material.
2
90 (4) Outlets, showing type and size.
91 (5) Design and location of identification indicators.
92
93 COMMENT
94 The addition of site plans to an application for improvements in public rights-of-way and easements addresses
9 5 the issue that site plans may be required in lieu of sketches because the nature of some of the improvements in the rights -
9 6 of -way or easements may require details and profiles beyond those normally provided in a sketch.
97
98 The requirement of a traffic control plan is addressed in Section 33-32.1. However, the ordinance was silent
9 9 as to when, in the review process, a developer would be required to submit the plan. This change requires the developer
10 0 to provide the traffic control plan at the time he applies for a permit.
101
102 The requirement of an engineer's cost estimate will facilitate the assessment of appropriate inspection fees.
103 . . .
104
105 Sec. 33-57. Issuance for logging roads, tram roads and other
106 temporary entrances.
107
108 The city manager or his designee may issue a permit under this
109 division authorizing a logging road, tram road or other temporary
110 private entrance, if in addition to all other applicable
111 requirements of this division, there is posted a bond, satisfactory
112 to the city manager or his designee, conditioned that off-site
113 drainage shall not be disrupted and that the permittee shall
114 maintain erosion and sediment controls, drainage, including off -
115 site drainage, during his operations and that his failure to do so
116 will result in the cancellation of his permit. No such bond shall
117 be released until the entrance and all drainage, including off-site
118 drainage, has been inspected and found to be in at least the same
119 condition as existed at the time of the issuance of the permit.
120
121 COMMENT
122 The maintenance of erosion of sediment controls requirement was added because these devices are an integral
123 part of construction projects and their maintenance is subject to inspection. The amendment clarifies that maintenance
124 of erosion and sediment controls is a requirement under the permit.
125
126 . . .
127
128 Sec. 33-71. Schedule.
129
130 (a) Exccpt a3 providcd in subscction (b), pPermit, inspection
131 and guarantee fees for work for which a permit is required by this
132 article shall be required or not required in accordance with the
133 following schedule:
134
3
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
170
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
Typc
Pcrmit
Minimum guarantcc
fcc
of projcct
and
incpcction
€tee
A. ENTRANCES:
Non
$25.00
Dcpo3it in
rcsidcntial and
rcsidcntial othcr
than two
accordancc with
single or
family dwclling3
estimated coat
(including work
to
relatcd Site
plan review,
logging tram
roads,
temporary
roads,
entrances
commercial service
drainage
roads,
ditches
and
improvements
a3
construction
plana)....
B. STRUCTURES:
1. Stcp3,
$25.00
$25.00
sidewalks....
2. Polc3,
$0.25
Deposit in
unless
by
cach with
4-2-5-3-44-mInImum
authorised
franchise
accordance with
or
catimatcd cost
certificate of
convcnicncc and
necessity....
3. Cuy3
$0.25
Dcpo3it in
and/or
cach with
$25.00
,. ' �.h
,.,.a .,...z-wi-�
anchors, unless
authorised by
franchiac
minimum
catimatcd cost
or
certificate of
convenicncc and
necessity....
$0.25
Dcpo3it in
including
each with
ith
guy
$25.00 minimumaccordancc
wirco, unlcs3
by
cstimatcd cost
authorizcd
franchise
or
certificate of
eenvenIenee-e..a
necessity....
5. Underground
Actual
Dcposit in
installations,
coot ($25.00
; th
reran,.
unless authorised
by franchise
estimated cost
or
certificate of
convcnicncc and
nccessity....
6. Structurca
Nene
Nene
(including any of
the foregoing)
by
authorizcd
ranchi3c or
icatc
ccrtif of
convcnicncc and
nccc:rity....
4
193
194
195
196
197
198
199
200
201
202
203
204
C. SPECIAL:
Trcc trimming,
cutting or
spraying, unlc3
authorized by
franchi3c or
certificate of
eenvenIenee-ena
itv....
$25.00 minimum
$25.00
MISCELLANEOUS:
All others....
Actual coot
Deposit in
aeee,.a..,..,.,. ; }h
estimated co3t
205
206 (b) The permit fee for work for which a permit i3 rcquircd by
207 this articic Shall be twenty dollars ($20.00) when work to be
208 performed is on, or is adjacent to, or otherwise benefits or
209 affects, a singlc or two family dwclling.
210
211
212
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237
238
239
240
241
242
243
TYPE OF PROJECT
PERMIT
INSPECTION FEE
MINIMUM
FEE
GUARANTEE FEE
(a) One (1) permit
$25
Based on 1.5%
Deposit in
for work of a
the total cost
accordance
continuing nature
of construction
with
as provided in
estimated
the engineer's
cost
cost estimate,
excluding water,
sewer and street
light costs,
with a $50
minimum.
(b) Logging road,
$25
$50,
Deposit in
tram road and other
accordance
temporary entrances
with
estimatedcost
(c) Cutting, trimming
$25
$50
$25
or spraying trees or
shrubs
(d) Blanket permit
$25
$50
Deposit in
accordance
with
estimated
cost
(e) Single or two-
$20,
11
$0
family driveway
aprons
If) Work authorized
$25
la
10
by franchise or
certificate of
convenience and
necessity
5
244
245
246
247
248
249
250
251
252
253
254
255
256
257
258
259
260
261
262
263
264
265
(g) All other work
$25
Based on 1.5% of
the total cost
of construction
as provided in
the engineer's
cost estimate,
excluding street
light costs,
with a $50
minimum
provided,
however, that
water and sewer
fees shall be
based on 10% of
the construction
cost up to $7500
plus 1.5% of the
construction
cost in excess
of $7500, with a
$50 minimum.
266
267 COMMENT
2 6 8 This section was consolidated to simplify the permit, inspection and guarantee fee schedules for the public. The
2 6 9 consolidation will also facilitate the assessment and implementation of such fees. The new section provides for separate
2 7 0 permit, inspection and guarantee fees and sets forth the procedure for assessment of such fees based on the nature of the
2 71 improvement. This section also combines the fees previously addressed in Section 33-72.
272
2 7 3 Rather than assessing inspection fees on a per hour basis, the inspection fees for certain improvements will be
2 7 4 assessed on a percentage basis. It is anticipated that under this procedure, the inspection fees paid by developers will be
2 7 5 less and the cost of services provided by City staff will decrease.
276
277
278
279 Sec. 33-72. Reserved.
280
281
282
Exccpt as to the minimum fces set forth in scction 33 71,
283 forty dollars ($40.00) per hour. Inspcction3 made shall be tho3c
284
285 and orderly manncr.
286
287
288
COMMENT
The inspection fees are now set forth in Section 33-71(g).
289 . . .
290
291 Sec. 33-74. Sufficiency of guarantee fees.
292
293 Guarantee fees under this division shall be sufficient to
294 cover the cstimatcd inspection fccs and the estimated cost of
295 completing the work and/or restoring the street to a satisfactory
296 condition should the holder of a permit issued under the provisions
297 of this article fail to do so.
298
299 COMMENT
300 This amendment addresses the situation where a developer fails to complete the work required under the permit
301 and the City must undertake completion to ensure the public health and safety.
302
303
6
304 Sec. 33-75. Return of guarantee fee.
305
306 Whenever work done pursuant to a permit provided for in this
307 article is completed and approved by the city manager or his
308 designee or the city has made the necessary corrections, the city
309 manager or his designee shall return the guarantee fee, after
310 deducting therefrom the any inspection fee and such other
311 deductions as are provided for in this article, to the permittee.
312 COMMENT
313 This amendment addresses re -inspection fees which may be assessed after initial inspection fees are paid.
314 Normally such fees are not billed unless the guarantee fee was not required initially.
315
316 This ordinance shall become effective on the fifteenth day of
317 April, 1996.
318 Adopted by the City Council of the City of Virginia Beach on
319 this 26th day of
March
320 CA -6157
321 DATA/ORDIN/PROPOSED/33-ETC.COM
322 March 20, 1996
323 R-4
7
1996.
APPROVED AS TO CONTENT
Department of Planea 0
Department of Public Utiliti s
APPROVED AS TO LEGAL
SUFFICIENCY
Department of Law
Item IV-L.7c.
PUBLIC HEARING
PLANNING
- 42 -
ITEM # 40581
Upon motion by Councilman Baum, seconded by Councilman Branch, City Council DEFERRED UNTIL
CITY COUNCIL SESSION of April 23, 196, applications of the CITY OF VIRGINIA BEACH:
Amendments to the City Zoning Ordinance:
(1) AMEND and REORDAIN Section 111 of the City Zoning
Ordinance re definition of correctional facility
(2) AMEND and REORDAIN Section 801 of the City Zoning
Ordinance by ADDING correctional facilities as a conditional
use in the 0-2 Office District.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
- 43 -
Item IV-L.7d.
PUBLIC HEARING ITEM # 40582
PLANNING
Upon motion by Councilman Dean, seconded by Vice Mayor Sessoms, City Council:
Applications of the CITY OF VIRGINIA BEACH:
Floodplain Regulations:
1. REPEALED Article 12 of the City Zoning Ordinance.
2. ADOPTED Amend and Reordain Sections 238(I)(b) and 240(a)
of the City Zoning Ordinance.
3. ADOPTED Amend the Site Plan Ordinance by ADDING
Section 5B.
4. ADOPTED Amend the Subdivision Ordinance by ADDING
Section 6.1(m).
5. REPEALED Section 106(d) of the City Zoning Ordinance.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W.
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf, Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
1 AN ORDINANCE TO REPEAL ARTICLE 12 OF THE CITY
2 ZONING ORDINANCE, PERTAINING TO FLOODPLAIN
3 REGULATIONS
4
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That Article 12 of the City Zoning Ordinance, pertaining to
8 floodplain regulations, be, and hereby is, repealed:
9 ARTICLE 12. FLOODPLAIN RECULATIONO
10
11
12
13 subject to 3pceial rcgulations. These rcgulations are intcndcd
14 to implcmcnt a policy of protccting thc natural floodplain3 in
15 thc city by rcquiring that any filling operation3 taking place
16 ma-intain thc same flood Storage capability and storm watcr flow
17 characteristics a3 tho3c that naturally cxiat. The purpose of
18
19
20
21 to prc3crvc thc highest po33iblc lcvcl of watcr quality in the
22 watcrways of thc area, and to support and conform to thc National
23 Flood In3urancc Program.
24
25
26
27
28
29
30
31 soil which i3 contiguous to mean high water, whooc landward and
32
33 perccnt or greater to less than tcn (10) percent, and upon any
34 part of which is growing on July 1, 1980, or grows thcrcon
35 3ub:.cqucnt thcrcto, any one or more thc following: American beach
36 grass (Ammophilla brcviligula.ta) ; beach heather (Hudsoni3
37 tomctoaa); dunc bean (Strophostylis umbcllata var, paludigcna);
38 dusty miller (Artemisia stcllcriana); salc meadow hay (spartina
rcducc public costs for fleod control, rescue and rclicf cffort3,
Boo. 1201. Dofinitiono.
be defined a3 hcrcin indicated:
Bascmcnt. Any arca of thc
ground level on all sides.
Co3atal primary Sand dunc.
building having its floor
bclow
A mound of unconsolidated sandy
39
40 paniculata); sea rockct (Cakilc edcntula); 3casidc goldcnrod
41 (8olidago scmpervircna); and short dune gra33 (Panicum ararum).
42 "Coa3tal primary Sand dune" shall not include any mound of
43 and, Dandy Soil, or drcdgc Soil which has bcen dcpo3itcd by man
44 for thc purpo3c of thc temporary 3toragc of such material for
45 later u.sc.
46 Flood. A gcncral and temporary condition of partial or
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63 Floodplain. That land arca adjoining a river, 3trcam,
64 watcrcour3c, ocean, bay, or lakc, which is 3ubjcct to inundation.
65 Floodplains ohall be determined a3 thc land 3ituatcd below the
66 cicvation of:
67 (a) That recorded by thc maximum cicvation of thc flood
68 watcr of rccord;
69 (b) Thc intermediate flood level a3 dctermincd by thc U.E.
70 Army Corp3 of Enginccr3; or
71 (c) Thc flood level a3 determined by thc department of
72 public work3, whichever i3 greater.
(a) Thc overflow of inland or tidal watcr3;
(b) Thc unusual and rapid accumulation of runoff or surface
....L F........ ....... ......vim.•
(c) Hud3lidcs (i.c., mudflow3) which are proximately caused
or precipitated by accumulations of watcr on or under
thc ground. Thc collap3c or 3ub3ide
of cro3ion or undcrmining cau3cd by wavc3 or currcnt3
of watcr cxcccding anticipatcd cyclical lcvcl3 or
3uddcnly cau3cd by an unusually high watcr level in a
or by an unanticipated forcc of naturc, Such a3 fla3h
flood or an abnormal tidal 3urgc, or by Dome Similarly
unuoual and unforc3ecablc event which rc3ults in
flooding a3 defincd in (a) of this 3cction.
2
73
74
75
A "floodplain" may includc
one (1)
or more of thc
76
77 (1) Floodway. A natural watcrcour3c with dcfinitc bcd and
78
79
80
81
82
83
84
85
86
87
88 (2) Flood fringc. The rclativcly flat arca or
89 adjoining a floodway which has bccn or
90 bc covered by flood watcr.
91 (3) Approximatcd floodplain.
92 detailed flood profilcs or cicvations arc providcd, but
93 whcrc a 100 year floodplain boundary has bccn
94 approximated.
95 (4) Coa3tal high hazard arca.
96
97
98
99
100
101
102 Lowcst floor. Thc lowc3t floor of the lowc3t cnclo3cd arca
103 (including basement). An unfinished or flood rc3i3tant
104 cnclo3urc, u3ablc 3olcly for parking of vehicles, building acce33
105 or Storage, in an arca othcr than a ba3cmcnt arca, 13 not
106 con3idcrcd a building'3 lowc3t floor, providcd that such
107 cnclo3urc i3 not built so a3 to rcndcr thc structure in violation
bank3 to confine and
conduct flood flow3. Floodway
linc3 mu3t bc catabli3hcd in such a manner that Some
to guiding future development outside thc floodway will
from a 3torm drainagc maotcr plan, minimum natural
floodway3 Shall bc identified by thc city 3011
3cicnti3t. A3 a minimum, the floodway i3 a3 Shown in
Thc
arca
for
may
low Janda
infrequently
which no
An arca
of spccial flood
hazard extending from offshore to the inland limit of a
othcr arca subject to high vclocity wave action from
3torm or 3cismic 3ourcc3. A3 a minimum, the coa3tal
flood inaurancc Study and accompanying map3.
3
143 thc permit date. The actual Start mens cithcr thc first
144 placcmcnt of permancnt construction of a Structure on a Site,
145 such a3 the pouring of a slab or footings, the installation of
146 piles, thc construction of columna, or any work beyond thc Stage
147 of excavation; or thc placcmcnt of a manufactured home on a
148 foundation. For substantial improvcmcnts, the actual start of
149 construction mens thc first altcration of any wall, ceiling,
150 floor, or othcr Structural part of a building, whcthcr or not the
151 alteratien affects the cxter
152 Permanent construction does not includc land preparation, such as
153 clearing, grading and filling; nor docs it includc thc
154 installation of strccts and/or walkways; nor docs it includc
155 excavation for a basement, footings, picrs, or foundations or the
156 crcction of temporary forms; nor docs it includc thc installation
157 on thc property of acccssory buildings, such as garagcs or sheds
158
159
160
161
162 waters of thc 100 year flood. Thc basis for thc delineation of
163 these ares shall bc thc flood in3urancc study for thc City of
164 Virginia Beach prepared by thc U.S. Fcderal Emcrgcncy Management
165 Agency, Fcdcral Insurancc Administration, datcd August 18, 1992,
166 and subsequent revisions. Any land included within a floodplain
167 shall be s bj-ect to t -= -
168 requirements rclating to floodway3, flood fringes, approximated
169 floodplain3, and coastal high hazard ares a3 act forth in this
170 article, providcd that any permitted development is further
171 3ubjcct to all fcdcral and State rules and regulations. Thc
172
173
174
175
176
177
178
ZZZZ
definition of floodway, flood fringc, approximated floodplain,
and coastal high hazard arca.
(a) Thc " rcgulatory floodway" is dclinetcd for purposes
within thc floodplain must bc capable of carrying the
waters of the one hundred -year flood without increasing
5
108
109
110
111
112
113
114
115
of thc applicable noncicvation dc3ign rcquircmcnto of thin
articic.
Manufactured home. A 3tructurc subject to fcdcral
13 cight (8) body feet or more in width and forty (40) body feet
or more in lcngth in thc traveling mode-, or is three hundrcd
twenty (320) or more squarc fcct when erected on 3itc; i3 built
116 dwclling, with or without a permancnt foundation whcn connected
117 to the rcquircd facilities; and includes thc plumbing, heating,
118 air conditioning and cicctrical 3y3tcm3 containcd ince
119 3tructurc.
120 Manufactured homc park or 3ubdiviaion. A parccl or
121 contiguou3 parccls of land divided into two (2) or more
122 manufactured home lots for rcnt or Sale.
123 100 ycar flood. The flood having a onc (1) perccnt chance
124 of bcing cquallcd or exceeded in any given year, alio rcfcrrcd to
125 a3 "ba3c flood" or intcrmcdiatc level flood.
126 Recreational vchicic. A vehicle which i3:
127 (a) Built on a 3inglc cha33i3;
128 (b) Four hundrcd (400) squarc fcct or les3 whcn mca3ured at
129 thc largcot horizontal projcction3;
130 (c) De3igned to be 3clf propelled or permanently towable by
131 a light-duty truck; and
132 (d) Dcsigncd primarily not for use as a permanent dwclling
133
134
135
136
137
138
139
140
141 actual start of con3truction, rcpair, rcconstruction, placcmcnt,
142 or othcr improvcmcnt wa3 within onc hundrcd eighty (180) day3 of
but a3 a temporary living quarters for rccreational
camping, travcl or 3ca3onal u3c.
Rcgulatory floodway. The channcl of a rivcr or othcr
watcrcour3c and the adjacent land areas that must be rcscrvcd in
order to dischargc thc ba3c flood without cumulatively increa3ing
Start of construction. Includc3 substantial improvcmcnt,
4
213
214
215
216
217
218
219
220
221
222
223
224
225
226
227
228
229
230
231
232
233
234
235
236
237 floodplain shall bc undertaken only upon thc issuance of a
238 permit. Such dcvclopmcnt shall bc undertaken only in Strict
239
240
241 Statcwidc Building Codc. Prior to thc is3uancc of any such
242 permit, thc permit official shall rcquirc all applications to
243
hazard analy3cs.
(v) Known high water marks from past floods.
(vi) Othcr Sources, c.g., hydrologic and hydraulic
analyses by profc3sional cnginccr.
(c)
(f)
thc floodplain subjcct to inundation by high vclooity
Whcrc no rcgulatory floodway has bccn mapped, tho
€Ioodway shall be dccmcd to consist of any and all
arcus of marsh, swamp, or permanently aaturatcd coils
Q3 furthcr dcfincd in Section 1201 of this article.
Initial interpretations of thc boundaries of tho
floodplain shall bc made by thc city cnginecr. Any
person aggrieved by thc decision or determination of
thc city cnginccr may appeal same to thc board of
zoning appeals. Such appeal shall bc taken within
thirty (30) days aftcr thc decision appealed, by filing
the pM p -'-o =ticc as reforcneed - =en -1-5-T
All usc3, activitics, and dcvclopmcnt occurring within any
244
245-
246
247 drainage facility or 3yatcm.
7
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195
196
197
198
199
200
201
202
203
204
205
206
207
208
209
210
211
212
thc water 3urfacc cicvation of that flood more than one
(1) foot at any point. Thcsc arcus arc specifically
defined in tablc 5 of thc Flood Insurance Study, and
Z ZZ
map, which i3 a part of thc Flood Insurance Study which
ginccr.
(b) Thc flood fringc shall bc that arca of thc 100 year
floodplain not includcd in the floodway. Thc basis for
year flood cicvations contained in thc flood profiles
rcfcrcnccd flood boundary and floodway map.
(c) Thc approximatcd floodplain shall bc that floodplain
arca for which no dctailcd flood profiles or cicvation3
arc providcd, but whcrc a one hundred year floodplain
boundary has bccn approximatcd. Cuch areas arc shown
deten«ing thc necessary cicvation3 for thc purposca
of this articic, thc city cnginccr shall obtain, rcvicw
floodway data availablc from a fcdcral, state, or othcr
sourcc, as critcria for requiring that new
development in sone A comply with thc provisions of
section 1204 of this articic. Such sources of data
includc:
(i) corps of Enginccrs Floodplain information
epertev-
(ii) U.S. Fcdcral Emcrgcncy Management Agcncy--Flood
(iii) U.S. Ccological Curvcy Floodpronc quadranglc3.
6
248 Prior to any propoacd alteration or relocation of any
249 channcl or of any watercourse, stream, ctc., a permit 3ha11 be
250 obtained from thc Unitcd Statc3 Army Corp3 of Engineers, the
251 Virginia Statc Watcr Control Board, and thc Virginia Marino
252 Reaourcc3 Commi33ion (a joint permit application is available
253
254
255 jurirdiction3, the Divi3ion of Coil and Watcr Conservation of the
256
257
258 (a -}—in thc floodway areas of thc floodplain, thc following
259 u3C3 and 3tructurc3 may bc permitted, Subject to thc
260 requirements of thirt' c
261 (1) Public and privatc outdoor recreational
262 facilities,
263 (2) Agricultural uscs, including farming, grazing and
264 thc raising of poultry or livestock; providcd,
265 that poultry or livestock shall not bc housed
266 within fivc hundred (500) feet of any residential,
267 apartment or hotcl district;
268 (3) Open u3C3, such as off Street parking or loading
269 and unloading areas rclatcd to u3C3 in adjoining
270 districts;
271 (4) Commercial mining, Soil removal and sand pita,
272 subject to regulations applicablc to extractive
273 industries as act forth in thc conditional u30
274 provisions;
275 (5) Public improvcmcnta, such as dams, levees and
276 channcl improvcmcnts, and utilitic3 installations
277 and substations, including temporary storagc of
278 matcrial3, cxccpt flammable, toxic or noxious
279 matcrial3, and tcmporary location of maintenance
280 in3tallationa;
281 (6) Use3 and 3tructurc3 customarily accc33ory and
282 clearly incidcntal and 3ubordinatc to u3C3 listed
from any of thc3c organization3). Furthcr, notification of the
8
283 above, including in conncction with agricultural
284 u3C3: Road3idc stands for thc 3alc of agricultural
285 products produccd on thc premises; provided that:
286 (i) Only one (1) Such stand Shall bc permitted
287 per lot,
288 (ii) No such Stand Shall cxcccd five hundred (500)
289 oquarc fcct in floor arch, and
290 (iii) No such stand on thc 3trcct frontagc Shall be
291
292
293
294
295
296
297
298
299
300
301 notwithstanding, no use or 3tructurc or substantial improvement
302 to an cxisting 3tructurc Shall bc permitted in any floodway, if
303 3uch U3C or 3tructurc or substantial improvcmcnt will adversely
304 affect normal flood flow, or will increase flooding of lands
305 abovc or below thc property, or will increase erosion within or
306 adjoining the floodway, or will cause divcr3ion of flood waters
307 in—any a zy to create damage than docs flow in a
308 normal coursc, or will increase peak flows or vclocitie3 in a
309 manner likcly to lead to addcd property damagc or hazards to
310 lifc, or will increase amounts of damaging materials (including
311 tho3c likely to be injurious to health) which might bc carried
312 downstream in floods. Encroachments, including fill, new
313 construction, substantial improvements, and othcr development
314
315
316 ba3c flood di3chargc is 3pccifictially prohibitcd. No variance
317
318 rcgulatory floodway that would ctiau3c any incrca3c in flood
created within twenty (20) fcct of thc
property line.
of thc floodplain, land Shall bc subject to thc uac
g
s of t
approximated floodplain a3 3ct forth in this articic.
(a) Regulation of floodway3. Any provision to thc contrary
within thc rcgulatory floodway that would result in any increase
9
319 heights. If a structure is allowed or grantcd a variancc to be
320 looted within a regulatory floodway, it Shall also mcct the
321 regulations for flood fringc3 and approximatcd floodplains.
322 (b) Regulation of flood fringes and approximated floodplain.
323 Evcry Structure or substantial improvement to an existing
324
325 floodplain Shall be 30 located, cicvatcd, and constructed as to
326 resist flotation and to offer minimum obstruction to flood flow.
327 The lowest floor (including basement) of cvcry atructurc shall be
328
329 except as providcd for in Section 4.1.B.4. of thc site plan
330 ordinance. No U3C shall bc permitted if Such U3C will increase
331 thc amounts of potentially damaging matcriala (including those
332 likcly to bc injurious to health) which might be carried
333 downstream in floods. Electrical, heating, ventilation,
334 plumbing, and air conditioning cquipmcnt and other Service
335 facilities shall bc designed and/or looted so as to prcvcnt
336 watcr from entcring or accumulating within the components during
337 conditions of flooding. For all new construction and Substantial
338 improvements, fully encloscd ares bclow thc lowest floor that
339 arc 3ubjcct to flooding shall bc designed to automatically
340 equalise hydrostatic flood forces on cxtcrior walls by allowing
341 for thc cntry and cxit of flood watcrs. Designs for meeting this
342 requirement must cither bc certified by a rcgistcrcd professional
343 cnginccr or architcct or must mcet or cxcccd thc following
344 minimum criteria:
345 (i) A minimum of two (2) opcnings having a total net arca
346 of not 1c33 than one (1) square inch for cvcry square
347 foot of enclosed arca 3ubjcct to flooding Shall bo
348 provided.
349 (ii) The bottom of all opcnings Shall be no highcr than one
350 (1) foot above gradc.
351 (iii) Openings may bc cquippcd with Screens, louvers, or
352 othcr covcrings or devices providcd that thcy permit
353 thc automatic cntry and cxit of flood watcrs.
10
354
355
356
357
(c) Floodplaina subject to special rcatrictions.
358 opacity or adversely affect storm watcr flow condition3 as
359 dctcrmincd upon review by the city cnginccr except for the
360 purpose of roadway construction or othcr similar public works
361 = _
362
363 thc following floodplain3:
364
365
366
367
368
369
(1) North Landing Rivcr and it3 tributaries South of
Corner Road and London Bridge Road; and
(3) Bay3, crccks, lakes, guts, coves, marahc3 and swamps
370 South of South Birdncck Road and cast of Princcao Anne
371
372
373
374
375
376 waves, and erosion drainage. Removal of such barriers will be
377 allowcd only if thc landowner agrees to con3truct artificial
378 barricr3 in thcir place, such as seawalls, bulkheads, jcttic3, or
379 groin3, providing an equal or greater protcction from wind, wave
380 and watcr action.
381 (a) Coa3tal high hazard arca. In thc coastal high hazard
382
Sand dunes, barricr beaches and othcr natural protcctivc
383
384
385
386
387
388
arca (zonc3 V1 30), thc following rcgulations 311311
(1)
No land bclow thc level of thc 100 year tidal
flood may be developed unless
or 3ub3tantial improvcmcnt:
thc
new con3truction
i. I3 looted landward of thc reach of thc mean
high tidc;
11
389 ii. I3 cicvatcd on adcquatcly anchorcd pilcs or
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404
405
406
407
408
409
410
411
412
413
414
415
416
417
418
419
420
421
columna, and securely anchorcd to Such piles
or columna 30 that thc lowest portion of the
otructural members of thc lowc3t floor is
cicvatcd to at least one (1) foot abovc the
100 ycar maximum wavc creat elevation, as
iii. Has bccn ccrtificd by a registered
professional enginccr or architcct that it is
pilings or columna in order to withstand
iv. Has thc space bclow the lowest floor cithcr
frcc of obstruction or constructcd with
latticcwork, or insect screening intcndcd to
causing oollap3c, displacement, or othcr
For thc purposes of this article, a breakaway
wall shall have a design 3afc loading
resistance of not leas than tcn (10) and no
morc than twcnty (20) pounds per square foot.
3afc loading rcoi3tancc of twcnty (20) pounds
rcquircd by local or state codes) may be
permitted only if a rcgistcrcd professional
engineer or architcct ccrtific3 that the
designs proposed mcct thc following
conditions:
12
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444
445
446
447
448
449
450
451
452
453
454
455
456
(i) Breakaway wall collapoe shall rc3ult
from a watcr load 1c33 than that which
would occur during thc ba3c flood; and
(ii) The elevated portion of thc building and
bc 3ubjcct to collap3c, displaccmcnt, or
othcr Structural damage duc to the
oimultancou3ly on all building
loading valuco to bc uocd in thio
percent chance of bcing cquallcd or
year mean recurrcncc interval) . Such
for parking of vchicics, building
or Storage.
V. Doc3 not utilise fill for structural Support
of building3 or structurc3.
vi. Hai thc electrical, heating, ventilation,
plumbing, and air conditioning equipment and
located 30 a3 to prcvcnt watcr from entering
or accumulating within the componcnts during
condition3 of flooding.
vii. Mcct3 all othcr applicable requirements for
con3truction in high hazard sonc3 found in
(2) In thc coa3tal hazard arca of thc floodplain, land
Shall bc 3ubjcct to thc u3c rcgulation3 of the
appropriate zoning di3trict, a3 wcll a3 the
3pccial rcgulation3 rclating to coa3tal high
hazard arca3 aS 3ct forth in thi3 article.
13
457 Existing nonconforming uzcs and/or structurc3
458 locatcd on land bclow thc level of 100 year
459 maximum wavc crc3t cicvation, a3 Shown in the
460 Flood In3urancc Ctudy and accompanying map3, Shall
461 not bc expanded.
462 (3) The manmade alteration of Sara a...,...,. d
463 incrcaoc potcntial flood damage i3 prohibited.
464
465
466
467
468
469
470
471
472
473
474
475
476
477
478
479
480
481
482
483
484
485
486
487
488
489
490
491 3itc3 within a coa3tal high hazard arca Shall comply with the
(a) Manufactured homcs placcd or sub3tantially improved on
3itc3 within a flood fringc or approximated floodplain 3ha11:
(1) Bc elevated on a permanent foundation Such that the
lowcit floor of thc manufactured home i3 elcvatcd to or
an adequately anchored foundation 3y3tcm to rc3i3t
flotation, collap3c and latcral movcmcnt;
providcd;
(3) In thc in3tancc of elevation of piling°, bc on Iota
largc cnough to permit Steps, havc piling foundation3
in Stable coil no more than tcn (10) fcct apart, and
havc reinforcement provided for piling3 more than Six
(6) fcct above thc ground;
(4) Havc electrical, heating, ventilation, plumbing, and
air conditioning cquipmcnt and othcr 3crvioc
facilitic3, dc3igncd and/or locatcd so a3 to prcvcnt
water from entering or accumulating within the
(5)
componcnt3 during condition3 of flooding; and
Havc fully cnoloscd arca3 bclow thc lowest floor that
rcquircmcnt3 dc3cribcd in 3cction 1204(b) of thio
articic.
(b) Manufactured homcs placcd or substantially improved on
14
492
493 h areao.
494
495
496 either,
(0) Recreational vehicics placcd or substantially improvcd
497 (1) Be on the site for fewer than one hundred eighty (180)
498
499 (2) Bc fully lioonacd and ready for highway usc/ or
500 (3) Mcct all applicable permit rcquircmcnts for placement
501
502
503 A rccreational vehicle is ready for highway usc if it is on
and the elevation and anchoring rcquircmcnts for
504
505 disconnect typc utilities and ocourity dcvioco, and has no
506
507 (d) Recreational vchicica placed or substantially improvcd
508 on aitcs within a ooaatal high hazard arca shall either:
509 (1) Bc on the eitc for fewcr than one hundred cighty (180)
510 eenscoutivc days -t
511 (2) Bc fully liocnacd and rcady for highway usc; or
512 (3) Mcct the same otandarda applicable to conventional
513 housing in coastal high hazard area3.
514
515
Adopted by the City Council of the City of Virginia
516 Beach, Virginia, on the 26th day of March , 1996.
517 CA -95-5994
518 /wmordres/45-1200et.pro
519 R-1
520 10-10-95
521
522
523
524
525
526
527
528
529
530
531
532
533
534
535
15
APPROVEDA$ TO CONTENT
Planning
t
1
2
3
4
AN ORDINANCE TO AMEND AND REORDAIN SECTIONS
238 AND 240 OF THE CITY ZONING ORDINANCE,
PERTAINING TO MOBILE HOMES AND RECREATIONAL
CAMPGROUNDS IN FLOODPLAINS
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Sections 238 and 240 of the City Zoning Ordinance,
pertaining to mobile homes and recreational campgrounds, be, and
hereby are, amended and reordained, and shall read as follows:
Section 238. Mobile homes.
(I) Mobile home parks shall be subject to the following
conditions:
(b) Tract. The mobile home park shall comprise a single
tract except where divided by public streets or alleys or
where the total tract includes separate parcels for
necessary utility plants, maintenance or storage
facilities with appropriate access to the park. All
lands involved shall be so dimensioned and related as to
facilitate efficient design and management. Density
shall not exceed seven (7) units per gross acre.
mobile home park located in a floodplain shall also
subject to the provisions of
Section 5B of the Site Plan Ordinance (Appendix C) of the
City of Virginia Beach. For purposes of floodplain
management, the terms "mobile home", "mobile home park"
and "mobile home subdivision" shall have the same
definitions as the terms "manufactured home" and
"manufactured home park or subdivision", respectively, as
set forth in section 1201 of thin ordinance 5B of the
Site Plan Ordinance (Appendix C) of the City of Virginia
Beach.
Any
be
34 Section 240. Recreational campgrounds.
35 Recreational campgrounds shall be subject to the following
36 conditions:
37 (a) Physical character of site. Condition of soil,
38 groundwater level, drainage and topography shall not
39 create hazards to the property or the health or safety of
40 the occupants. The site shall not be exposed to
41 objectionable smoke, noise, odors, or other adverse
42 influences, and no portion subject to unpredictable
43 and/or sudden flooding, subsidence or erosion shall be
44 used for any purpose which would expose persons or
45 property to hazards. Recreational campgrounds located
46 within floodplains shall also be subject to the
47 provisions of Articic 12 of thi3 ordinance Section 5B of
48 the Site Plan Ordinance (Appendix C) of the City of
49 Virginia Beach.
50 . . . .
51 Adopted by the Council of the City of Virginia Beach,
52 Virginia, on the 26th day of March , 1996.
53 CA -95-6067
54 \wmordres\45-238.pro
55 R-1
56 October 10, 1995
2
APPROVE
AS TO CONTENT
Planning Department
AP ROVED AS TO LEGAL
plk G
epartment of Law
1 AN ORDINANCE TO AMEND AND REORDAIN THE SITE
2 PLAN ORDINANCE OF THE CITY VIRGINIA BEACH BY
3 THE ADDITION OF A NEW SECTION 5B, PERTAINING
4 TO FLOODPLAIN REGULATIONS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the Site Plan Ordinance of the City of Virginia Beach be,
8 and hereby is, amended and reordained by the addition of a new
9 Section 5B, pertaining to floodplain regulations, which shall read
10 as follows:
11 Sec. 5B. Floodplain Regulations.
12 5B.1. Legislative intent. The purpose of this section is to
13 establish and identify those areas to be known as the floodplain
14 and which would be subject to special regulations. These
15 regulations are intended to implement a policy of protecting the
16 natural floodplains in the city by requiring that any filling
17 operations taking place maintain the same flood storage capability_
18 and storm water flow characteristics as those that naturally exist.
19 The purpose of establishing such areas is to protect life and
20 property, to reduce public costs for flood control, rescue and
21 relief efforts, and construction and maintenance of manmade
22 drainage facilities, to preserve the highest possible level of
23 water Quality in the waterways of the area, and to support and
24 conform to the National Flood Insurance Program.
25 5B.2. Definitions. For the purpose of this section, the
26 following terms shall be defined as herein indicated:
27 Basement. Any area of the building having its floor below
28 ground level on all sides.
29 City manager. The city manager or such other person or
30 persons as he may designate to perform the duties, or to exercise
31 the authority, of the city manager pursuant to the provisions of
32 this section.
33 Coastal primary sand dune. A mound of unconsolidated sandy
34 soil which is contiguous to mean high water, whose landward and
35 lateral limits are marked by a change in grade from ten (10)
36 percent or greater to less than ten (10) percent and upon any part
37 of which is growing on July 1, 1980, or grows thereon subsequent
38 thereto, any one or more of the following: American beach grass
39 fAmmophilla breviligulata); beach heather (Hudsonia tometosa); dune
40 bean (Strophostylis umbellata var. paludigena); dusty miller
41 (Artemisia stelleriana); salt meadow hay (Spartina patens);
42 seabeach sandwort (Arenaria peploides); sea oats (Uniola
43 paniculata); sea rocket (Cakile edentula); seaside goldenrod
44 (Solidago sempervirens); and short dune grass (Panicum ararum).
45 Coastal primary sand dune shall not include any mound of sand,
46 sandy soil, or dredge soil which has been deposited by man for the
47 purpose of the temporary storage of such material for later use.
48 Development. Any man-made change to improved or unimproved
49 real estate including, but not limited to, buildings or other
50 structures; the placement of manufactured homes; streets; paving,
51 mining, dredging. filling, grading, excavation or drilling
52 operations; storage of equipment or materials; and the subdivision
53 of land.
54 Flood. A general and temporary condition of partial or
55 complete inundation of normally dry land areas from:
56 /al The overflow of inland or tidal waters;
57 11 The unusual and rapid accumulation of runoff or surface
58 waters from any source; or
59 lgl Mudslides (i.e., mudflows) which are proximately caused
60 or precipitated by accumulations of water on or under the
61 ground. The collapse or subsidence of land along the
62 shore of a lake or other body of water as a result of
63 erosion or undermining caused by waves or currents of
64 water exceeding anticipated cyclical levels or suddenly_
65 caused by an unusually high water level in a natural bodv
66 of water. accompanied by a severe storm, or by an
67 unanticipated force of nature, such as flash flood or an
68 abnormal tidal surge, or by some similarly unusual and
69 unforeseeable event which results in flooding as defined
70 in (a) of this section.
2
71 Flood insurance study. The flood insurance study for the City
72 of Virginia Beach prepared by the United States Federal Emergency
73 Management Agency, dated August 18, 1992, and subsequent revisions
74 which is declared to be a part of this section and which shall be
75 kept on file at the office of the city engineer.
76 Floodplain. That land area adjoining a river, stream,
77 watercourse, ocean, bay, or lake, which is subject to inundation.
78 Floodplains shall be determined as the land situated below the
79 elevation of:
80 (a) That recorded by the maximum elevation of the flood water
81 of record;
82 _chi The intermediate flood level as determined by the United
83 States Army Corps of Engineers; or
84 jcl The flood level as determined by the office of the city
85 engineer, whichever is greater.
86 Any changes in the delineation of the intermediate flood level are
87 subject to approval by the federal insurance administrator.
88 A floodplain may include one (1) or more of the following
89 components:
90 Ill Floodway. A natural watercourse with definite bed
91 and banks to confine and conduct flood flows.
92 Floodway lines must be established in such a manner
93 that some loss of storage and hydraulic conveyance
94 attributable to guiding future development outside
95 the floodway will not increase flood heights more
96 than applicable regulatory standards. Pending
97 floodway delineations from a storm drainage master
98 plan, minimum natural floodways shall be identified
99 by the city soil scientist. As a minimum, the
100 floodway is as shown in the flood insurance study
101 and accompanying maps.
102 j2 Flood fringe. The relatively flat area or low
103 lands adjoining a floodway which has been or mav_
104 infrequently be covered by flood water.
3
105 /21 Approximated floodplain. The area for which no
106 detailed flood profiles or elevations are provided,
107 but where a one hundred (100) year floodplain
108 boundary has been approximated.
109 /Al Coastal high hazard area. An area of special flood
110 hazard extending from offshore to the inland limit
111 of a coastal primary sand dune along an open coast
112 and any other area subject to high velocity wave
113 action from storm or seismic sources. As a
114 minimum, the coastal high hazard areas are
115 identified as V zones in the flood insurance study_
116 and accompanying maps.
117 Historic Structure. Any structure which is:
118 /Al Listed individually in the National Register of Historic
119 Places maintained by the Department of the Interior or
120 preliminarily determined by the Secretary of the Interior
121 as meeting the requirements for individual listing on the
122 National Register;
123 _(b� Certified or preliminarily determined by the Secretary of
124 the Interior as contributing to the historical
125 significance of a registered historic district or a
126 district preliminarily determined by the Secretary to
127 aualifv as a registered historic district;
128 iL Individually listed on a state inventory of historic
129 places in states with historic preservation programs
130 which have been approved by the Secretary of the
131 Interior; or
132 _WI Individually listed on a local inventory of historic
133 places in communities with historic preservation programs
134 that have been certified either:
135 Dj__ By an approved state program as determined by the
136 Secretary of the Interior; or
137 in Directly by the Secretary of the Interior in states
138 without approved programs.
4
139 Lowest floor. The lowest floor of the lowest enclosed area,
140 including basement area. An unfinished or flood resistant
141 enclosure, usable solely for parking of vehicles, building access
142 or storage, in an area other than a basement area, is not
143 considered the lowest floor in a building, provided that such
144 enclosure is not built so as to render the structure in violation
145 of the applicable nonelevation design requirements of this section.
146 Manufactured home. A structure subject to federal
147 regulations, which is transportable in one (1) or more sections; is
148 eight (8) body feet or more in width and forty (40) body feet or
149 more in length in the travelling mode, or is three hundred twenty
150 (320) or more square feet when erected on site; is built on a
151 permanent chassis; is designed to be used as a single family
152 dwelling, with or without a permanent foundation when connected to
153 the required facilities; and includes the plumbing, heating, air
154 conditioning and electrical systems contained in the structure.
155 Manufactured home park or subdivision. A parcel or contiguous
156 parcels of land divided into two (2) or more manufactured home lots
157 for rent or sale.
158 One hundred (100) year flood. The flood having a one (1)
159 percent chance of being equalled or exceeded in any given year,
160 also referred to as base flood or intermediate level flood.
161 Recreational vehicle. A vehicle which is:
162 Built on a single chassis;
163 111 Four hundred (400) square feet or less when measured at
164 the largest horizontal projections;
165 lgl Designed to be self propelled or permanently towable by_
166 a motor vehicle; and
167 141 Designed primarily not for use as a permanent dwelling
168 but as a temporary living quarters for recreational
169 camping, travel or seasonal use.
170 Regulatory floodway. The channel of a river or other
171 watercourse and the adjacent land areas that must be reserved in
172 order to discharge the base flood without cumulatively increasing
173 the water surface elevation more than a designated height.
5
174 Start of construction. Includes substantial improvement, and
175 means the date the building permit was issued, provided the actual
176 start of construction, repair, reconstruction, placement, or other
177 improvement was within one hundred eighty (180) days of the permit
178 date. The actual start means either the first placement of
179 permanent construction of a structure on a site, such as the
180 pouring of a slab or footings, the installation of piles, the
181 construction of columns, or any work beyond the stage of
182 excavation; or the placement of a manufactured home on a
183 foundation. For substantial improvements, the actual start of
184 construction means the first alteration of any wall, ceiling,
185 floor, or other structural part of a building, whether or not the
186 alteration affects the external dimensions of the building.
187 Permanent construction does not include land preparation, such as
188 clearing, grading and filling; nor does it include the installation
189 of streets and/or walkways; nor does it include excavation for a
190 basement, footings, piers, or foundations or the erection of
191 temporary forms; nor does it include the installation on the
192 property of accessory buildings. such as garages or sheds not
193 occupied as dwelling units or not part of the main structure.
194 Substantial damage. Damage of any origin sustained by a
195 structure whereby the cost of restoring the structure to its before
196 damaged condition would equal or exceed fifty (50) percent of the
197 market value of the structure before the damage occurred.
198 Substantial improvement. Any reconstruction, rehabilitation,
199 addition, or other improvement of a structure, the cost of which
200 equals or exceeds fifty (50) percent of the market value of the
201 structure before the start of construction of the improvement.
202 This term includes structures which have incurred substantial
203 damage, regardless of the actual repair work performed. The term
204 does not, however, include either:
205 ,jai Any project for improvement of a structure to correct
206 existing violations of state or local health, sanitary,
207 or safety code specifications which have been identified
6
208 by the local code enforcement official and which are the
209 minimum necessary to assure safe living conditions, or
210 (b) Any alteration of a "historic structure", provided that
211 the alteration will not preclude the structure's
212 continued designation as a "historic structure".
213 5B.3. Establishing the floodplain areas. The floodplain
214 shall include areas subject to inundation by waters of the one
215 hundred (100) year flood. The basis for the delineation of these
216 areas shall be the Flood Insurance Study (FIS) and accompanying
217 maps for the City of Virginia Beach prepared by the Federal
218 Emergency Management Agency, dated January 17, 1985, or the most
219 recent revision thereof. Any land included within a floodplain
220 shall be subject to the use regulations and the special
221 requirements relating to floodways, flood fringes, approximated
222 floodplains, and coastal high hazard areas as set forth in this
223 section, provided that any permitted development is further subject
224 to all federal and state rules and regulations. The floodplain
225 shall be established in conformance with the definition of
226 floodway, flood fringe, approximated floodplain, and coastal high
227 hazard area.
228 jal The regulatory floodway is delineated for purposes of
229 this section using the criteria that a certain area
230 within the floodplain must be capable of carrying the
231 waters of the one hundred (100) year flood without
232 increasing the water surface elevation of that flood more
233 than one (1) foot at any point. These areas are
234 specifically defined in Table 5 of the flood insurance
235 study and shown on the accompanying flood boundary and
236 floodway map, which is a part of the Flood Insurance
237 Study.
238 j121 The flood fringe shall be that area of the one hundred
239 1100) year floodplain not included in the floodway. The
240 basis for the outermost boundary of this area shall be
241 the one hundred (100) year flood elevations contained in
242 the flood profiles of the flood insurance study and as
7
243 shown on the above-referenced flood boundary and floodway
244 map.
245 jc1 The approximated floodplain shall be that floodplain area
246 for which no detailed flood profiles or elevations are
247 provided, but where a one hundred (100) year floodplain
248 boundary has been approximated. Such areas are shown on
249 the maps accompanying the flood insurance study. In
250 determining the necessary elevations for the purposes of
251 this section, the city engineer shall obtain, review and
252 reasonably utilize any base flood elevation and floodwav
253 data available from a federal, state, or other source, as
254 criteria for requiring that new construction, substantial
255 improvements, or other development in Zone A comply with
256 the provisions of section 5B.5. of this section. Such
257 sources of data include:
258 j1 United States Army Corps of Engineers - Floodplain
259 information reports.
260 /21 United States Federal Emergency Management Agency -
261 Flood insurance rate maps and flood boundary and
262 floodway maps.
263 j3j. United States Geological Survey - Floodprone
264 quadrangles.
265 1.11 City of Virginia Beach soil scientist - Flood
266 hazard analyses.
267 j51 Known high water marks from past floods.
268 j61 Other sources; e.g., hydrologic and hydraulic
269 analyses by professional engineer.
270 141 The coastal high hazard area shall be those portions of
271 the floodplain subject to inundation by high velocity_
272 waters and wave action and identified as V zones on the
273 maps accompanying the flood insurance study.
274 jet Where no regulatory floodway has been mapped, the
275 floodway shall be deemed to consist of any and all areas
276 of wetlands, marsh, swamp, or permanently saturated soils
277 as further defined in section 5B.2. of this section.
8
278 If) Interpretations of the boundaries of the floodplain shall
279 be made by the office of the city engineer.
280 5B.4. Use regulations. All uses, activities, and development
281 occurring within any floodplain shall be undertaken only upon the
282 issuance of a permit. Such development shall be undertaken only in
283 strict compliance with the provisions of this section and with all
284 other applicable codes and ordinances such as the Virginia Uniform
285 Statewide Building Code. Prior to the issuance of any such permit,
286 the city manager shall require all applications to include
287 compliance with all applicable state and federal laws.
288 Under no circumstances shall any use, activity, and/or
289 development adversely affect the capacity of the channels or
290 floodways of any watercourse, drainage ditch, or any other drainage
291 facility or system.
292 Prior to any proposed alteration or relocation of any channel
293 or of any watercourse, stream, etc., a permit shall be obtained
294 from the United States Army Corps of Engineers, the Virginia
295 Department of Environmental Quality, and the Virginia Marine
296 Resources Commission. A joint permit application is available from
297 any of these agencies or the city. Further, notification of the
298 proposal shall be given to all affected adjacent jurisdictions, the
299 Division of Soil and Water Conservation of the Virginia Department
300 of Conservation and Recreation, and the Federal Insurance
301 Administration.
302 LL In the floodway areas of the floodplain, the following
303 uses and structures may be permitted, subject to the
304 requirements of this section:
305 /11 Public and private outdoor recreational facilities;
306 /21 Agricultural uses, including farming, grazing and
307 the raising of poultry or livestock; provided, that
308 poultry or livestock shall not be housed within
309 five hundred (500) feet of any residential,
310 apartment or hotel district;
9
311 p_ Open uses, such as off street parking or loading
312 and unloading areas related to uses in adioininq
313 districts;
314 141 Commercial mining, soil removal and sand pits,
315 subject to regulations applicable to extractive
316 industries as set forth in the conditional use
317 provisions of the Zoning Ordinance of the City of
318 Virginia Beach;
319 151 Public improvements, such as dams, levees and
320 channel improvements, and utilities installations
321 and substations, including temporary storage of
322 materials, except flammable, toxic or noxious
323 materials, and temporary location of maintenance
324 installations;
325 /0_ Uses and structures customarily accessory and
326 clearly incidental and subordinate to uses listed
327 above, including in connection with agricultural
328 uses; roadside stands for the sale of agricultural
329 products produced on the premises; provided that:
330 (i) Only one (1) such stand shall be permitted per
331 lot;
332 (ii) No such stand shall exceed five hundred (500)
333 square feet in floor area; and
334 (iii) No such stand on the street frontage shall be
335 erected within twenty (20) feet of the
336 property line.
337 (b) In the flood fringe and approximated floodplain areas of
338 the floodplain, land shall be subject to the use
339 regulation of the appropriate zoning district as well as
340 the special regulations relating to flood fringe and
341 approximated floodplain as set forth in this section.
342 5B.5. Special requirements applicable to the floodplain.
343 fa) Regulation of floodways. Any provision to the contrary
344 notwithstanding, no use or structure or substantial
345 improvement to existing structure shall be permitted in
10
346 anv floodwav, if such use or structure or substantial
347 improvement will adversely affect normal flood flow, or
348 will increase flooding of lands above or below the
349 property, or will increase erosion within or adjoining to
350 floodway, or will cause diversion of flood waters in any
351 manner more likely to create damage than does flow in a
352 normal course, or will increase peak flows or velocities
353 in a manner likely to lead to added property damage or
354 hazards to life, or will increase amounts of damaging
355 materials, including those likely to be injurious to
356 health, which might be carried downstream in floods.
357 Encroachments, including fill, new construction,
358 substantial improvements, and other development within
359 the regulatory floodway that would result in any increase
360 in flood levels within the community during the
361 occurrence of the base flood discharge is specifically_
362 prohibited. No variance shall be granted for any
363 development, use, or activity within anv regulatory_
364 floodwav that would cause any increase in flood heights.
365 If a structure is allowed or granted a variance to be
366 located within a regulatory floodway, it shall also meet
367 the regulations for flood fringes and approximated
368 floodplains.
369 u Regulation of flood fringes and approximated floodplain.
370 New construction or substantial improvements to existing
371 structures permitted in the flood fringe and approximated
372 floodplain shall be so located, elevated, and constructed
373 so as to resist flotation and to offer minimum
374 obstruction to flood flow. The lowest floor, including
375 basement, of every structure shall be a minimum of one
376 (1) foot above the elevation of the floodplain except as
377 provided for in section 4.1.B.4. of this ordinance. No
378 use shall be permitted if such use will increase the
379 amounts of potentially damaging materials, including
380 those likely to be injurious to health, which might be
11
381 carried downstream in floods. Electrical, heating,
382 ventilation, plumbing, and air conditioning equipment and
383 other service facilities shall be designed and/or located
384 so as to prevent water from entering or accumulating
385 within the components during conditions of flooding. For
386 all new construction and substantial improvements, fully
387 enclosed areas below the lowest floor that are subject to
388 flooding shall be designed to automatically equalize
389 hydrostatic flood forces on exterior walls by allowing
390 for the entry and exit of floodwaters. Designs for
391 meeting this requirement must either be certified by a
392 registered professional engineer or architect or must
393 meet or exceed the following minimum criteria:
394 u A minimum of two (2) openings having a total net
395 area of not less than one (1) square inch for every
396 square foot of enclosed area subject to flooding
397 shall be provided.
398 /al The bottom of all openings shall be no higher than
399 one (1) foot above grade.
400 L1Openings may be equipped with screens, louvers, or
401 other coverings or devices provided that they
402 permit the automatic entry and exit of floodwaters.
403 (c) Floodplains subject to special restrictions.
404 Notwithstanding provisions of this section to the
405 contrary, there shall be no filling permitted for the
406 purpose of altering the contour of the land and that
407 would decrease the flood storage capacity or adversely_
408 affect storm water flow conditions as determined upon
409 review by the city engineer except for the purpose of
410 roadway construction or other similar public works
411 construction, and except to provide the minimum amount of
412 fill to assure adequate functioning of a septic tank
413 system, in any of the following floodplains:
414 111 North Landing River and its tributaries south
415 of Lynnhaven Parkway;
12
416 /21 West Neck Creek and its tributaries south of Shipps
417 Corner Road and London Bridge Road; and
418 /21 Bays, creeks, lakes, guts, coves, wetlands, marshes
419 and swamps and their tributaries comprising the
420 Back Bay watershed south of South Birdneck Road and
421 east of Princess Anne Road and General Booth
422 Boulevard.
423 5B.6. Special requirements applicable to coastal areas. Sand
424 dunes, barrier beaches and other natural protective barriers shall
425 remain intact to provide protection against wind, waves. and
426 erosion drainage. Any person who desires to use or alter anv
427 coastal primary sand dune, other than for the purpose of conducting
428 the activities specified in section 1602 of the Zoning Ordinance of
429 the City of Virginia Beach, shall first file an application for a
430 permit with the Wetlands Board at the planning department.
431 Coastal high hazard area. In the coastal high hazard area
432 (zones V1-30), the following regulations shall apply in addition to
433 the regulations cited above:
434 ,Lai No land below the level of the one hundred (100) year
435 tidal flood may be developed unless the new construction
436 or substantial improvement:
437 (1) Is located landward of the reach of the mean high
438 tide;
439 _(2)_ Is elevated on adequately anchored piles or
440 columns, and securely anchored to such piles or
441 columns so that the lowest portion of the
442 structural members of the lowest floor is elevated
443 to at least one (1) foot above the one hundred
444 (100) year maximum wave crest elevation, as shown
445 in the flood insurance study and accompanying maps;
446 /31 Has been certified by a registered professional
447 engineer or architect that it is securely anchored
448 to adequately anchored pilings or columns in order
449 to withstand velocity waters and hurricane wave
450 wash;
13
451 ,L41 Has the space below the lowest floor either free of
452 obstruction or constructed with nonsupportinq
453 breakaway walls, open wood lattice work, or insect
454 screening intended to collapse under wind and water
455 loads without causing collapse, displacement, or
456 other structural damage to the elevated portion of
457 the building or supporting foundation system. For
458 the purposes of this section a breakaway wall shall
459 have a design safe loading resistance of not less
460 than ten (10) and no more than twenty (20) pounds
461 per square foot. Use of breakaway walls which
462 exceed a design safe loading resistance of twenty
463 (20) pounds per square foot, either by design or
464 when so required by local or state codes, may be
465 permitted only if a registered professional
466 engineer or architect certifies that the designs
467 proposed meet the following conditions:
468 ,Li1 Breakaway wall collapse shall result from a
469 water load less than that which would occur
470 during the base flood; and
471 ii The elevated portion of the building and
472 supporting foundation system shall not be
473 subject to collapse, displacement, or other
474 structural damage due to the effects of wind
475 and water loads action simultaneously on all
476 building components, both structural and
477 nonstructural. Maximum wind and water loading
478 values to be used in this determination shall
479 each have a one (1) percent chance of being
480 equalled or exceeded in any given year, one
481 hundred (100) year mean recurrence interval.
482 Such enclosed space shall be usable solely for
483 parking of vehicles, building access, or
484 storage.
14
485 /51 Does not utilize fill for structural support of
486 buildings or structures.
487 S61 Has the electrical, heating, ventilation, plumbing,
488 and air conditioning equipment and other service
489 facilities designed and/or located so as to prevent
490 water from entering or accumulating within the
491 components during conditions of flooding.
492 .l. Meets all other applicable requirements for
493 construction in high hazard zones found in the
494 Virginia Uniform Statewide Building Code.
495 In the coastal hazard area of the floodplain, land shall
496 be subject to the use regulations of the appropriate
497 zoning district, as well as the special regulations
498 relating to coastal high hazard areas as set forth in
499 this section. Existing nonconforming uses and/or
500 structures located on land below the level of one hundred
501 (100) year maximum wave crest elevation, as shown in the
502 flood insurance study and accompanying maps, shall not be
503 expanded.
504 jgj The manmade alteration of sand dunes which would increase
505 potential flood damage is prohibited.
506 5B.7. Special requirements for manufactured homes and
507 recreational vehicles.
508 Sal Manufactured homes placed or substantially improved on
509 sites within a flood fringe or approximated floodplain
510 shall:
511 /11 Be elevated on a permanent foundation such that the
512 lowest floor of the manufactured home is elevated
513 to or above the base flood elevation and securely
514 anchored to an adequately anchored foundation
515 system to resist flotation, collapse and lateral
516 movement;
517 /21 Have adequate surface drainage and access for a
518 hauler provided;
15
519 131 In the instance of elevation of pilings, be on lots
520 large enough to permit steps, have piling
521 foundations in stable soil no more than ten (10)
522 feet apart, and have reinforcement provided for
523 pilings more than six (6) feet above the ground;
524 Ill Have electrical, heating, ventilation, plumbing,
525 and air conditioning equipment and other service
526 facilities designed and/or located so as to prevent
527 water from entering or accumulating within the
528 components during conditions of flooding; and
529 111 Have fully enclosed areas below the lowest floor
530 that are subject to flooding meet the applicable
531 requirements described in section 5B.5.(b) of this
532 section.
533 /h1 Manufactured homes placed or substantially improved on
534 sites within a coastal high hazard area shall comply with
535 the same standards as set forth for conventional housing
536 in coastal high hazard areas.
537 /g1 Recreational vehicles placed or substantially improved on
538 sites within a flood fringe or approximated floodplain
539 shall either:
540 111 Be on the site for fewer than one hundred eightv
541 (180) consecutive days;
542 /21 Be fully licensed and ready for highway use; or
543 L3)_ Meet all applicable permit requirements for
544 placement and the elevation and anchoring
545 requirements for manufactured homes.
546 A recreational vehicle is ready for highway use if it is
547 on wheels or jacking system, is attached to the site only
548 by Buick disconnect type utilities and security devices,
549 and has no permanently attached additions.
550 /11 Recreational vehicles placed or substantially improved on
551 sites within a coastal high hazard area shall either:
552 (1) Be on site for fewer than one hundred eighty (180)
553 consecutive days;
16
554 LL Be fully licensed and ready for highway use; or
555 jfl Meet the same standards applicable to conventional
556 housing in coastal high hazard areas.
557 5B.8. Variances.
558 Notwithstanding any other provision of this ordinance, the
559 City Council may grant such variances from the terms of this
560 section as will not be contrary to the public interest in cases in
561 which the strict application of the provisions of this section
562 would effectively prohibit or unreasonably restrict the use of the
563 subject property; provided, however, that no variance shall be
564 granted unless the City Council finds that (1) such variance is not
565 contrary to the purpose and intent of this section; (2) the
566 granting of such variance will not be detrimental to other property
567 in the vicinity; (3) the circumstances giving rise to the
568 application are not of a general or recurring nature; and (4) such
569 circumstances arise from the physical character of the property or
570 from the use or development of adjacent property and not from the
571 personal situation of the applicant.
572 Adopted by the Council of the City of Virginia Beach,
573 Virginia, on the 26th day of March , 1996.
574 CA -95-5995
575 \wmordres\46-5Bet.pro
576 R-3
577 January 11, 1996
17
APPROVED AS TO CONTENT
Planning
APPROVED AS TO LEGAL
1 AN ORDINANCE TO AMEND SECTION 6.1 OF THE
2 SUBDIVISION ORDINANCE OF THE CITY OF VIRGINIA
3 BEACH, PERTAINING TO THE DELINEATION OF
4 FLOODPLAINS ON PRELIMINARY SUBDIVISION PLATS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 6.1 of the Subdivision Ordinance of the City of
8 Virginia Beach be, and hereby is, amended and reordained, and shall
9 read as follows:
10 Sec. 6.1 Preliminary plats and data - Generally.
11 1111 Where floodplains lie within a subdivision, the
12 preliminary plat shall delineate the boundaries of all
13 floodways, flood fringes, approximated floodplains, and
14 coastal high hazard areas as required by Section 5B of
15 the Site Plan Ordinance (Appendix C) of the City of
16 Virginia Beach.
17 Adopted by the Council of the City of Virginia Beach,
18 Virginia, on the 26th day of March , 1996.
19 CA -95-6068
20 \Wmordres\47-6-1.pro
21 R-1
22 October 10, 1995
APPROVED AS TO CONTENT
Planning Departt entt
AP ' ' OVED AS TO LEGAL
ii ix
iittha 1.
D artment of Law
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 106 OF THE CITY ZONING
3 ORDINANCE PERTAINING TO VARIANCES
4 FROM CITY FLOODPLAIN REGULATIONS
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 106 of the City Zoning Ordinance be, and hereby
8 is, amended and reordained to read as follows:
9 Sec. 106. Appeals and variances.
10 (a) The board of zoning appeals shall hear and decide appeals
11 from any order, requirement, decision, or determination made by an
12 administrative officer in the administration or enforcement of this
13 ordinance. In addition thereto, the board shall have such other
14 powers and duties as are set forth in Section 15.1-495 of the Code
15 of Virginia; provided, however, that the board shall have no
16 authority to hear and decide applications for conditional use
17 permits.
18 (b) The membership, organization and procedures of the board
19 of zoning appeals shall be as set forth in Sections 15.1-494
20 through 15.1-497 of the Code of Virginia, as amended. In the event
21 the board denies an application for a variance, substantially the
22 same application shall not be considered by the board for a period
23 of one (1) year from the date of denial.
24 (c) Every application to the board of zoning appeals shall be
25 accompanied by a fee of one hundred fifty dollars ($150.00), which
26 shall be applied to the costs of advertising and expenses
27 incidental to the processing of the application. Each zoning lot
28 upon which a variance is requested shall be the subject of a
29 separate application and a separate fee; provided, however, that
30 variances from the setback and landscaping provisions of section
31 201(e)(1), pertaining to fences and walls, may be the subject of a
32 single application and fee where the following conditions are met:
33 (1) The lots upon which the variance is requested are
34 contiguous lots within a single subdivision block,
35 as shown on the recorded plat of the subdivision in
36 which the lots are located;
37 (2) The fence or fences which are the subject of the
38 variance are located wholly upon property owned by
39 a bona fide homeowners' association created by
40 legal instrument recorded in the office of the
41 clerk of the circuit court, or upon which there is
42 a recorded perpetual easement allowing such
43 homeowners' association, or the members thereof, to
44 construct and maintain a fence upon such property;
45 (3) Such fence or fences are owned by the homeowners'
46 association; and
47 (4) The individual signing the application certifies to
48 the zoning administrator, in writing, that he or
49 she is vested with the authority to act on behalf
50
51
52
53
54
55
56 oubotantial improvcmcnta to bc erected on a lot of one half (1/2)
57 acre or less in Size contiguous to and surrounded by lots with
58 cxi3ting atructurca con3tructcd below thc base flood level, in
of the homeowners' association in the matter and
that such association has authorized, in the manner
prescribed by its by-laws or other instrument, the
filing of the application.
59
60
61
62
63
64
65
66
67 cxpcn3c, creat
68
69
(1)
Variances Shall only bc issued upon a Showing of
good and Sufficient cau3e, a determination that
failure to
exceptional
grant thc variance
hardship to thc
would
rc3ult in
applicant,
and a
not rc3ult in incrca3cd flood heights, additional
threats to public
safety,
extraordinary
public
victimisation of thc public,
or conflict with
cxi3ting local law3 or ordinancc3.
2
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
(2) Varianccs Shall only be issued upon a dctcrmination
that thc variancc i3 thc minimum nccc33ary,
(3)
Thc City of Virginia Beach shall notify thc
applicant in writing ovcr thc signature of a city
official that thc issuance of a variancc to
will result in increased premium rates for flood
insuranoc up to amounts as high ao twenty five
dollars ($25.00) per one hundred dollars ($100.00)
property. Such notification shall be maintained
in paragraph (4) below.
(4) Thc City of Virginia Beach shall maintain a record
of all variancc actions, including justification
for thcir issuancc, and rcport such variances
issued in its annual rcport submitted to the
89 administrator.
90
91 Beach, Virginia, on this 26th day of March 1996.
Adopted by the City Council of the City of Virginia
92 CA -6198
93 WMM/ORDRES/45-106.PRO
94 JANUARY 11, 1996
95 R-2
3
APPROVED AS TO CONTENT
Planning Departs nt
AP : ' OVED AS TO LEGAL
'9 I Y
(C/P�
� : a of w
- 44 -
Item IV -L.1.
APPOINTMENTS ITEM # 40583
BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:
REVIEW AND ALLOCATION COMMITTEE (COIG)
VIRGINIA CRIME TASK FORCE
March 26, 1996
- 45 -
Item IV -L.2.
APPOINTMENTS ITEM # 40584
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
FRANCIS LAND HOUSE BOARD OF GOVERNORS
Betty Cimmino
unexpired term thru 12/31/98
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M. Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
- 46 -
Item IV -L.3.
APPOINTMENTS ITEM # 40585
MAYOR APPOINTED CITY COUNCIL LIAISONS:
Comprehensive Plan:
W. W. Harrison, Jr.
Barbara M. Henley
Southeastern Parkway/Greenbelt:
Harold Heischober
Louisa M. Strayhorn
March 26, 1996
— 47 —
Item IV -M.1.
UNFINISHED BUSINESS ITEM # 40586
Councilman Baum referenced fish ponds. The City Attorney shall be directed to draft an appropriate
document re fees.
March 26, 1996
- 48 -
Item IV -N.1.
NEW BUSINESS ITEM # 40587
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council:
RESCHEDULED CITY COUNCIL SESSIONS from May 7, 1996
(Election Day) to May 9, 1996, at 2:00 PM
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
ITEM # 40588
Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTIVE
SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended for the following purpose:
LEGAL MATTERS: Consultation with legal counsel or briefings by staff
members, consultants, or attorneys pertaining to actual or probable
litigation, or other specific legal matters requesting the provision of legal
advice by counsel pursuant to Section 2.1-344(A)(7).
To -Wit: Lake Gaston Water Supply Project
Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council voted to proceed
into EXECUTIVE SESSION (9:48 P.M.).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert K Dean, William W
Harrison, Jr., Harold Heischober, Barbara M Henley, Louis R. Jones,
Mayor Meyera E. Oberndorf Nancy K Parker, Vice Mayor William D.
Sessoms, Jr. and Louisa M. Strayhorn
Council Members Voting Nay:
None
Council Members Absent:
None
March 26, 1996
- 50 -
ITEM # 40589
Mayor Oberndorf RECONVENED the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL
in the Council Chamber, City Hall Building, on Tuesday, March 26, 1996, at 11:08 P.M.
Council Members Present:
John A. Baum, Robert K Dean, William W Harrison, Jr., Harold
Heischober, Barbara M. Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Absent:
Linwood O. Branch, III, and Louisa M Strayhorn
March 26, 1996
CERTIFICATION OF
EXECUTIVE SESSION
— 51 —
ITEM # 40590
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
AND,
Only such public business matters as were identified in the motion
convening the Executive Session were heard, discussed or considered by
Virginia Beach City Council.
Voting: 9-0
Council Members Voting Aye:
John A. Baum, Robert K Dean, William W. Harrison, Jr., Harold
Heischober, Barbara M Henley, Louis R. Jones, Mayor Meyera E.
Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
Linwood O. Branch, III, and Louisa M. Strayhorn
March 26, 1996
1ttftwtutinn
CERTIFICATION OF EXECUTIVE SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION,
pursuant to the affirmative vote recorded in ITEM # 40588 Page No. 49 and in accordance with
the provisions of The Virginia Freedom of Information Act; and,
WHEREAS: Section 2.1-344. of the Code of Virginia requires a certification by the
governing body that such Executive Session was conducted in conformity with Virginia law.
NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council
hereby certifies that, to the best of each member's knowledge, (a) only public business matters
lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive
Session to which this certification resolution applies; and, (b) only such public business matters
as were identified in the motion convening this Executive Session were heard, discussed or
considered by Virginia Beach City Council.
Hodges S th, CMC/AAE
City Clerk
March 26, 1996
- 52 -
Item IV -P.
ADJOURNMENT ITEM # 40591
Mayor Oberndorf DECLARED the City Council Meeting ADJOURNED at 11:10 P.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
Ruth Hodges Smith, CMC/AAE
Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
March 26, 1996