HomeMy WebLinkAboutNOVEMBER 24, 1992 MINUTES City of Virginia beach
"WORLD'S LARGEST RESORT CITY"
CITY COUNCIL CPI,I BEAC
.MAYOR MEYERA E.OBERNDORF,At-Large
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VICE MAYOR WILLIAM D.SESSOMS,JR.,At-Large 0,,,e�+} — ' -V
JOHN A.BAUM,Blackwater Borough
LINWOOD O.BRANCH III,Virginia Beach Borough .F,r t•4= 5� 1 c'
JAMES W.BRAZIER,JR.,Lynnhaven Borough Ye
ROBERT W.CLYBURN,Kempsuille Borough
ROBERT K.DEAN,Princess Anne Borough Z M
LOUIS R.JONES,Bayside Borough �
PAUL J.LANTEIGNE,Pungo Borough *9 =_
JOHN D.MOSS,At-Large Op OUR NPStON
NANCY K.PARKER,At-Large
281 CITY HALL BUILDING
JAMES K.SPORE,City Manager CITY COUNCIL AGENDA MUNICIPAL CENTER
LESLIE L LILLEY,City Attorney VIRGINIA BEACH,VIRGINIA 23456-9005
RUTH HODGES SMITH,CMC;AAE,City Clerk
18041 427-4303
NOVEMBER 24, 1992
I. CITY MANAGER'S BRIEFING - Council Chamber - 4:30 PM
A. SOCCER COMPLEX
Susan D. Walston, Director, Parks and Recreation
II. INFORMAL SESSION - Council Chamber - 5:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO EXECUTIVE SESSION
III. FORMAL SESSION - Council Chamber - 6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. INVOCATION: Father Dwight Shrader
St. John, The Apostle, Catholic 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 - November 10, 1992
a. Amendments to the Chesapeake Bay Preservation Area Ordinance
G. PUBLIC HEARINGS
1. A. CAPITAL IMPROVEMENT PROGRAM
(1) Proposed FY 1993 Capital Budget $ 76,065,884
(2) Proposed Six-Year CIP $998,624,331
(3) Proposed Real Property Tax Increase -
5.7 cents per $100 assessed value
effective July 1, 1993
B. STORM WATER MANAGEMENT / UTILITY FEES
D. PROPOSED INCREASE OF HOTEL/LODGING TAX
C. CONTINUATION OF CURRENT TAX RATE - RESTAURANT MEALS
E. REPEAL TAX EXEMPTION FOR CERTAIN PARTICIPATORY SPORTS
F. GENERAL OBLIGATION BONDS $ 41,300,000
(Various Public Facilities/General Improvements)
2. OPERATING BUDGET FY 1991-1992 $ 18,329,570
Carry-over Purchases Not Delivered
H. ORDINANCES
1. Ordinance, upon FIRST READING, FY 1992-1993/FY1997-1998 Capital Improvement
Program; and, APPROPRIATE $78,215,805 for the FY 1992-1993 Capital Budget,
subject to funds being provided from various sources set forth herein.
2. Ordinance, upon FIRST READING, establishing the tax levy on real estate for
Fiscal Year 1994.
3. Ordinance to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia,
by ADDING Chapter 39 re Storm Water Management Utility.
4. Ordinance establishing the Equivalent Residential Unit(ERU) Rate to be charged by the
City of Virginia Beach, Virginia, re Storm Water Management Utility.
5. Ordinance to AMEND and REORDAIN Section 35-159 of the Code of the City of
Virginia Beach, Virginia, re taxation (hotel/lodging).
6. Ordinance to AMEND and REORDAIN Section 35-137 of the Code of the City of
Virginia Beach, Virginia, re taxation (restaurant meals).
7. Ordinance to REPEAL Section 35-183.1 of the Code of the City of Virginia Beach,
Virginia, re tax exemption for certain participatory sports.
8. Ordinance authorizing the issuance of General Obligation Bonds of the City of
Virginia Beach, Virginia, in the maximum amount of $41,300,000 for various
Public Facilities and General Improvements.
9. Ordinance to APPROPRIATE $18,329,570 for Fiscal Year 1993 re payment of
purchase orders brought forward from Fiscal Year 1992.
10. Ordinance authorizing the City Manager to enter into a contract with BRICKELL &
ASSOCIATES on behalf of the City of Virginia Beach for administration of the
public relations accounts of the Economic Development/Convention and Visitor
Development Departments.
Deferred: November 10, 1992
11. Ordinance to AMEND and REORDAIN Ordinance No. 92-2133D re emergency
conservation of the public water supply pending completion of the Lake Gaston
pipeline project.
I. CONSENT AGENDA
All matters listed under the Consent Agenda are considered in the ordinary course of business
by City Council and will be enacted by one motion in the form listed. If an item is removed from
the Consent Agenda, it will be discussed and voted upon separately.
1. Resolution to provide health care coverage to Virginia Beach City employees who retire
prior to age sixty-five (65) with twenty-five (25) or more years of service; and, on work-
related disability with five (5) or more years of service.
2. Ordinance to APPROPRIATE $46,945 in Grants from the Commonwealth of Virginia
Department of Forestry to the FY 1992-1993 Grants Consolidated Fund re landscape
beautification projects and a water-saving landscaping demonstration garden.
3. Ordinance to ACCEPT and APPROPRIATE a $9,500 Grant from the Commonwealth of
Virginia Department of Historic Resources; TRANSFER $9,500 from the 1992-1993
Operating Budget Reserve for Contingencies-Regular to the Virginia Marine Science
Museum's Operating Budget; and, this appropriation be offset by a $9,500 increase in
estimated revenue from the Commonwealth re extending the inventory of historic sites
to the Southern portion of the City.
4. Ordinance to TRANSFER $50,000 from within the State Fire Programs Fund re purchase
of two (2) replacement transmitters for the Fire Department's paging notification
system.
5. CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
KIDS EXPRESS CHILDREN'S TRANSPORTATION SERVICES
6. Ordinance authorizing Tax Refunds in the amount of $812.15.
J. PUBLIC HEARING
1. PLANNING BY CONSENT
a. Application of TRUE GOSPEL CHRISTIAN CHURCH for a Conditional Use Permit
for a church on the East side of Salem Road, 360 feet North of Salem Lakes
Boulevard (1955 Salem Road), containing 2.07 acres (KEMPSVILLE BOROUGH).
Recommendation: APPROVAL
b. Application of CHARLES MOORE for a variance to Section 4.4(b) of the
Subdivision Ordinance which requires that all lots created by subdivision meet all
requirements of the City Zoning Ordinance, at 1422 North Woodhouse Road
(LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
c. Petition of THOMAS W. GODFREY, SR. and MARGARET C. GODFREY for the
discontinuance, closure and abandonment of a portion of a cul-de-sac on the
East side of Bray Road. 329.61 feet North of Lynn Acres Road, containing 1,943
square feet (LYNNHAVEN BOROUGH).
Recommendation: APPROVAL
d. Applications of R. N.ASSOCIATES and DR. MOHAN H. GOUDAR for Conditional
Change of Zoning District Classifications (PRINCESS ANNE BOROUGH):
From AG-2 Agricultural District to R-7.5 Residential District on the East side of
Holland Road at the Northeast intersection with Winterberry Lane, containing 1.37
acres;
AND,
From AG-1 Agricultural District to R-7.5 Residential District 600 feet Northeast of
the intersection of Holland Road and Winterberry Lane, containing 26,000 square
feet.
Recommendation: APPROVAL
e. Ordinance for the discontinuance, closure and abandonment of a portion of
Princess Anne Road on the North side of Princess Anne Road, 439.97 feet East
of General Booth Boulevard, containing 4,564 square feet, in the petition of
HOLLOMON BROWN FUNERAL HOME, BAYSIDE CHAPEL, INC. (PRINCESS
ANNE BOROUGH).
Deferred for Compliance: May 12, 1992
Recommendation: FINAL APPROVAL
f. Application of COLEY R. BRICKHOUSE for a change in a nonconforming use
on part of Lots 54, 55 and 56 and all of Lots 57 and 58, Parcels X and Y, Oceana
Gardens (100 Sykes Avenue) in the I-1 Industrial District, containing 23.5 acres
(LYNNHAVEN BOROUGH):
(1) Resolution authorizing conversion of nonconforming use of two (2) sites
at the Northeast corner of Southern Boulevard and Sykes Avenue; and,
utilization of the sites for a temporary concrete crushing/recycling
facility.
Staff Recommendation: APPROVAL
g. Application of RUFUS L. MOSLEY, SR. and SHIRLEY E. MOSLEY for
enlargement of a nonconforming use at 840 North Newtown Road in the A-12
Apartment District, containing 0.34 acres (BAYSIDE BOROUGH):
(1) Resolution authorizing the enlargement of a single-family dwelling in
accordance with the plans submitted.
Staff Recommendation: APPROVAL
2. PLANNING
a. Application of JOHN H. TRANT for a variance to Section 4.4(b) of the Subdivision
Ordinance which requires that all lots created by subdivision meet all requirements
of the City Zoning Ordinance, North of Little Lake Court (LYNNHAVEN
BOROUGH).
Recommendation: APPROVAL
K. APPOINTMENT
COMMUNITY CORRECTIONS RESOURCE BOARD - Confirmation
L. UNFINISHED BUSINESS
1. Status Report on REAPPORTIONMENT.
Leslie L. Lilley, City Attorney
M. NEW BUSINESS
1. COUNCIL-SPONSORED ITEMS:
a. Resolution establishing the Virginia Beach Crime Task Force.
(Sponsored by Councilman Paul J. Lanteigne)
b. Elderly and handicapped personal property tax for those sixty-five (65) and over
or permanently disabled.
(Mrs. Hyacinthe Raumser, sponsored by Councilman James W. Brazier, Jr.)
N. ADJOURNMENT
* * * * * * * * * *
** CITY COUNCIL PUBLIC HEARINGS **
DECEMBER 1, 1992 Formal Session 2:00 PM
Election of Council Members Residency Requirements
DECEMBER 8, 1992 Council Chamber 9:00 AM
School Board Interview of Applicants
* * * * * * * * * *
CITY COUNCIL RESCHEDULED
December 22, 1992, Formal Session to December 15, 1992, at 6:00 PM
* * * * * * * * * *
If you are physically disabled, hearing or visually impaired
and need assistance at this meeting,
please call the CITY CLERK'S OFFICE at 427-4305 VOICE OR TDD by MONDAY 9:00 AM
* * * * * * * * * *
11/19/92m1m
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MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
November 24, 1992
Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING for the SOCCER
COMPLEX for the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building,
on Tuesday, November 24, 1992, at 4:30 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
- 2 -
CITY MANAGER 'S BRIEFING
SOCCER COMPLEX
ITEM # 36223
4:30 P.M.
Susan Walston, Director of Parks and Recreation, advised lease of Municipal property in excess of five
years by Virginia Code requires the bid process. The bid process requires an ordinance ADOPTED by
the City Council. This process also requires advertising, invites written bids and requires evaluation and
award based on specific guidelines of the bid proposal. It does not allow for negotiation nor flexibility
of an RFP process. The recommendation from City Staff is to proceed with the bid process for along term
lease (up to twenty years) for a soccer complex. A Public Hearing should be conducted prior to the
advertising for bid. Princess Anne Park, in an area currently undeveloped in part of the expansion plan,
basically an unwooded area and previously farmland (composed of 55 acres), was recommended as a
possible site location. Opportunities in Transition Area III were investigated. However, this does create
several challenges in finding a parcel the size desired. There may be multiple owners as well as other
constraints. Three alternatives for sites were determined:
Mrs. Walston advised the three alternatives for possible sites:
Princess Anne Park: Currently owned by the City, has a potential for
joint use and public sewer is available. If this area is dedicated for a
soccer complex, the full buildout of the park becomes 60% active areas
and 40% passive areas. Thus, the Master Plan of the Park would be
changed.
Transition Area III: Specific 50-acre site was investigated. The
advantage would be this would be a kick-off with a soccer complex
which does have relevance. However, the City would be tied up in land
acquisition activities. There are some issues, which must be addressed
regarding multiple owners, issues regarding access. This area is further
away from the populous utilizing the soccer complex. It is more
accessible to the oceanfront area.
Transition Area III: Investigate another suitable site in Transition Area
III. The potential exists to look for a larger site, perhaps a 100-acre site.
The City Staff recommends the alternative of the Princess Anne Park site.
Michael Barrett, Virginia Beach Soccer Joint Task Force, advised 150 teams had been turned down
during the last tournament because of the lack of a soccer complex. Mr. Barrett was concerned relative
Transition Area III with regard to utilities and the transportation network and hoped the City would
proceed relative the Princess Anne Park site.
Samuel Meekins, Chairman of the School Board, advised of a conversation with Dr. Faucette regarding
utilization of the Middle School Site. Unfortunately, a track had been laid around the football field and
a soccer field is bigger than a football field and cannot be placed within the dimensions of a 400 meter
track. There have been discussions with Dr. Faucette concerning the prospect of the Soccer Club
undertaking the cost of moving the track to an adjacent area and allowing the Club to bleacher and light
this facility to make it into a full fledged soccer stadium. A joint prospect with the school system for a
soccer facility at Ocean Lakes is also being investigated. In 1994 the World Cup is coming to the United
States, which is the World's major athletic event. Regional Games will be played throughout the United
States.
November 24, 1992
- 3 -
CITY MANAGER 'S BRIEFING
SOCCER COMPLEX
ITEM # 36223 (Continued)
A Resolution endorsing Princess Anne Park as the site for the development of a Soccer Complex shall
be SCHEDULED for the City Council Session of December 1, 1992, directing City Staff to continue with
the issuance of requests for information to determine site availability for a Soccer Complex in Transition
Area III and report to City Council within ninety (90) days; and, further directing the City Staff be
prepared to initiate the bid process for the lease of property upon submission of its report to City Council.
The account, encompassing a future community/district park in a developing area of the City with a
balance of$1-MILLION, would be utilized as the site acquisition fund.
November 24, 1992
- 4 -
ITEM # 36224
Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 24, 1992, at 5:25 P.M.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert W
Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
- 5 -
ITEM #36225
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 purposes:
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:
Community Corrections Resource Board
Hampton Roads Planning District Commision's Executive Committee
and Metropolitan Planning Organization
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council voted to proceed
into EXECUTIVE SESSION.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
- 6 -
FORMAL SESION
VIRGINIA BEACH CITY COUNCIL
November 24, 1992
2:00 P.M.
Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL in the Council Chamber, City Hall Building, on Tuesday, November 24, 1992, at 6:00 P.M.
Council Members Present:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Absent:
None
INVOCATION: Father Dwight Shrader
St. John, The Apostle, Catholic Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
November 24, 1992
- 7 —
Item III—E.1.
CERTIFICATION OF
EXECUTIVE SESSION
ITEM # 36226
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council CERTIFIED THE
EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only public business matters lawfully exempted from Open Meeting
requirements by Virginia law were discussed in Executive Session to
which this certification resolution applies;
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 W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
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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 # 36225,
Page No. 5, and in accordance with the provisions of The Virginia
Freedom of Information Act; and,
WHEREAS: Section 2.1-344.1 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.
•
G
'uth Hodges Smith, CMC/AAE
City Clerk November 24, 1992
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Item III-F.1.
MINUTES ITEM #36227
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the
Minutes of the INFORMAL AND FORMAL SESSIONS of November 10, 1992, with Amendments to the
Chesapeake Bay Preservation Area Ordinance.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones; Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE TO AMEND AND REORDAIN
2 THE CHESAPEAKE BAY PRESERVATION
3 AREA ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That the Chesapeake Bay Preservation Area Ordinance is
8 hereby amended and reordained to read as follows:
9 Section 100. Title.
10 This ordinance shall be known as the Chesapeake Bay
11 Preservation Area Ordinance of the City of Virginia Beach.
12 Section 101. Findings of Fact.
13 The Chesapeake Bay and its tributaries constitute one of the
14 most important and productive estuarine systems in the world,
15 providing economic and social benefits to the citizens of the
16 City of Virginia Beach and the Commonwealth of Virginia. The
17 health of the Bay and its tributaries is vital to maintaining the
18 City of Virginia Beach's economy and the welfare of its citizens.
19 The Chesapeake Bay waters have been degraded significantly
20 by many sources of pollution, including nonpoint source pollution
21 from land development. Existing waters are worthy of protection
22 from further degradation. Certain lands that are proximate to
23 shorelines have an intrinsic water quality value due to the
24 ecological and biological processes they perform. With proper
25 management, they offer significant ecological benefits by
26 providing water quality maintenance and pollution control, as
27 well as flood and shoreline erosion control. These lands,
28 designated by the City Council as Chesapeake Bay Preservation
29 Areas, shall be developed in such manner as to protect the
30 quality of water in the Bay.
31 Section 102 . Purpose and Intent.
32 A. This ordinance is adopted in order to implement the
33 requirements and stated purposes of The Chesapeake Bay
34 Preservation Act (Sections 10. 1-2100 through 10. 1-2115 of the
35 Code of Virginia) and the Chesapeake Bay Preservation Area
36 Designation and Management Regulations promulgated thereunder.
37 The intent of City Council and the purpose of this ordinance
38 are to: (1) protect existing high quality state waters; (2)
39 prevent any increase in pollution; and (3) restore state waters
40 to a condition or quality that will permit all reasonable public
41 uses and will support the propagation and growth of all aquatic
42 life, including game fish, which might reasonably be expected to
43 inhabit them.
44 The performance standards established by this ordinance
45 provide the means to minimize erosion and sedimentation
46 potential, reduce land application of nutrients and toxins
47 toxicants, and maximize rainwater infiltration. Indigenous
48 ground cover, especially woody vegetation, is effective in
49 holding soil in place and preventing site erosion. Existing
50 vegetation filters stormwater runoff. By minimizing impervious
51 cover, rainwater infiltration is enhanced and stormwater runoff
52 is reduced.
53 B. The designation of any area as a Chesapeake Bay
54 Preservation Area shall be in addition to, and not in lieu of,
55 the zoning district classification of such area, such that any
56 parcel of land situated within a Chesapeake Bay Preservation Area
57 shall also lie in one or more of the zoning districts established
58 pursuant to Section 102 of the City Zoning Ordinance and shall be
59 subject to all applicable provisions of this ordinance and the
60 City Zoning Ordinance.
61 Section 103. Definitions.
62 The following words and terms used in this ordinance shall
63 have the following meanings, unless the context clearly indicates
64 otherwise.
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65 Agricultural lands. Those lands used for the planting and
66 harvesting of crops or plant growth of any kind in the open,
67 pasture, horticulture, dairy farming, floriculture, or the
68 raising of poultry or livestock.
69 Applicant. Any person submitting any application required
70 or permitted pursuant to any of the provisions of this ordinance,
71 and any person on whose behalf such an application is submitted.
72 Best management practice. A practice, or a combination of
73 practices, determined to be the most effective practical means of
74 preventing or reducing the amount of pollution generated by
75 nonpoint sources to a level compatible with water quality goals.
76 Board. The Chesapeake Bay Preservation Area Board.
77 Buffer area. An area of existing or established vegetation
78 managed to protect other components of a Resource Protection Area
79 and state waters from significant degradation due to land
80 disturbances.
81 Caliper. The diameter of a tree measured six (6) inches
82 above existing grade.
83 Chesapeake Bay Preservation Area. Any land designated as
84 such on the Chesapeake Bay Preservation Area Map adopted by the
85 City Council, subject to the determination of the Dircctor City
86 Manager on a site-specific basis. A Chesapeake Bay Preservation
87 Area shall consist of a Resource Protection Area and a Resource
88 Management Area, and Shall include any designated Intcnccly
89 Developed Areas.
90 City Manager. The City Manager or such other person or
91 persons as he may designate to perform the duties, or to exercise
92 the authority, of the City Manager pursuant to the provisions of
93 this ordinance.
94 Construction footprint. The area of all impervious surface
95 created by development or redevelopment of land, including, but
96 not limited to, buildings, roads, drives, parking areas and
97 sidewalks, and any other land disturbed for the construction of
98 such improvements. This definition shall not include
99 construction accessways and staging areas for minor projects
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100 where such accessways and areas do not result in land
101 disturbance.
102 Development. The construction or installation of any
103 improvement upon a parcel of land, or any land disturbance
104 associated therewith.
105 Diameter at Breast Height. The diameter of a tree measured
106 at a point four and one-half feet above the existing grade.
107 Director. The Director of the Department of Planning or his
108 designee.
109 Dripline. An imaginary perpendicular line extending
110 downward from the outermost tips of the branches of a tree to the
111 ground.
112 Highly Erodible Soils. Those soils on slopes seaward of the
113 point at which the slope of the ground changes from less than six
114 (6) per cent to greater than six (6) per cent and the toe of the
115 slope is located within one hundred (100) feet of any component
116 of the Resource Protection Area.
117 Impervious cover. A surface composed of any material which
118 significantly impedes or prevents natural infiltration of water
119 into the soil, including, but not limited to, buildings and other
120 structures and the components thereof, concrete, asphalt, or
121 compacted gravel surface.
122 Inters Any land designated as such on
123 the Chesapeake Bay Preservation Area Map adopted by the City
124 Council.
125 Land disturbance. Any activity upon land which causes,
126 contributes to, or results in the destruction, removal or
127 covering of the vegetation upon such land, including, but not
128 limited to, clearing, dredging, filling, grading or excavating.
129 The term shall not include minor activities such as home
130 gardening, individual home landscaping and home maintenance.
131 Minor projects. All changes or alterations to existing uses
132 having a construction footprint of less than or equal to two
133 thousand, five hundred (2 , 500) square feet. For the purposes of
134 this ordinance, this definition shall also include accessory
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135 structures as defined in the City Zoning Ordinance having a
136 construction footprint of less than two thousand, five hundred
137 (2,500) square feet.
138 Nonpoint source pollution. Pollution consisting of
139 constituents such as sediment, nutrients, and organic and toxic
140 substances from diffuse sources, such as runoff from agriculture
141 and urban land development and use.
142 Nontidal wetlands. Those wetlands other than tidal wetlands
143 that are inundated or saturated by surface or ground water at a
144 frequency and duration sufficient to support, and that under
145 normal circumstances do support, a prevalence of vegetation
146 typically adapted for life in saturated soil conditions, a:..
147 identified in the City of Virginia Beach Soil Survey by soil
148 - . - -- - = - - _ _ - = - - o e= _ . - -
149 Mucky Peat; Duckston Fine Sand; Na _ -
150 Peat, Ponded; Pamlico-Lakchurct Variant Complex; Pocaty Peat; and
151 Rappahannock Mucky Peat, Strongly Saline.
152 Person. An individual, fiduciary, corporation, firm,
153 partnership, association, organization, or any other entity or
154 combination thereof.
155 Redevelopment. The construction, substantial alteration or
156 installation of any improvement upon a lot or parcel of land, any
157 portion of which is or has been developed, or any land
158 . _. - - - _ - - - - that is or has been previously
159 developed, where there is no net increase in impervious surface
160 by the proposed construction within a Resource Protection Area.
161 For purposes of applying this definition, any lot in existence
162 prior to October 1, 1989 shall be deemed to remain a separate lot
163 irrespective of the subsequent vacation of one or more of its lot
164 lines.
165 Resource Management Area. That component of a Chesapeake
166 Bay Preservation Area not classified as a Resource Protection
167 Area. Resource Management Areas include land types which, if
168 improperly used or developed, have the potential for causing
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169 significant water quality degradation or for diminishing the
170 functional value of a Resource Protection Area.
171 Resource Protection Area. That component of a Chesapeake
172 Bay Preservation Area comprised of lands at or near the shoreline
173 which have an intrinsic water quality value due to the ecological
174 and biological processes they perform or are sensitive to impacts
175 which may result in significant degradation to the quality of ate
176 waters.
177 Subdivision. The division of any parcel of land into two
178 (2) or more lots or parcels. The term shall include all changes
179 in lot lines, the creation of new lots involving any division of
180 an existing lot or lots and, if a new street is involved in such
181 division, any division of a parcel of land. When appropriate to
182 the context, the term shall also include the process of
183 subdividing and the territory subdivided.
184 Tidal shore. The area between the mean low water and mean
185 high water levels of tidal waters.
186 Tidal wetlands. Vegetated and nonvegetated wetlands as
187 defined in Section 1401 of the City Zoning Ordinance.
188 Tributary stream. Any perennial stream depicted as such on
189 the most recent U.S. Geological Survey 7-1/2 minute topographic
190 quadrangle map (scale 1: 24, 000) .
191 Water-dependent facility. A development of land which
192 cannot exist outside of a Resource Protection Area and which must
193 be located on the shoreline by reason of the intrinsic nature of
194 its operation. These facilities include, but are not limited to,
195 ports, intake and outfall structures of power plants, water
196 treatment plants, sewage treatment plants, storm sewers, marinas
197 and other boat docking structures, beaches and other public
198 water-oriented recreation areas, fisheries or other marine
199 resources facilities and shoreline protection measures as
200 authorized under the provisions of the Wetlands Zoning Ordinance.
201 Wetlands. Tidal wetlands and nontidal wetlands as defined
202 herein.
6
203 Section 104. Areas of Applicability.
204 A. The Chesapeake Bay Preservation Area Ordinance shall
205 apply to all lands which are included in the Chesapeake Bay
206 watershed within the City of Virginia Beach. Such lands are
207 designated as Chesapeake Bay Preservation Areas on the Chesapeake
208 Bay Preservation Area Map.
209 B. Resource Protection Areas shall include the following
210 components:
211 (1) Tidal wetlands;
212 (2) Nontidal wetlands consisting of soil types
213 Backbay Mucky Peat; Corolla-Duckston Fine Sands;
214 Dorovan Mucky Peat; Duckston Fine Sand; Nawney
215 Silt Loam; Pamlico Mucky Peat, Ponded; Pamlico-
216 Lakehurst Variant Complex; Pocaty Peat; or
217 Rappahannock Mucky Peat, Strongly Saline; and any
218 other lands which under normal conditions are
219 saturated to the ground surface and connected by
220 surface flow and contiguous to tidal wetlands or
221 tributary streams;
222 (3) Tidal shores;
223 (4) Highly erodible soils; and
224 (5) A one hundred (1001 - foot vegetated buffer area
225 located adjacent to and landward of the components
226 listed in (1) through (4) above, and along both
227 sides of any tributary stream.
228 C. Resource Management Areas shall consist of an arca ono
229 hundred (100) feet in width, located adjacent to and landward of
230 • _ , _ _ _ , _ _ - - - - - - -
231 in size, or the entirety of all loto lcso than or equal to three
232 -
233 Protection Area all lands within Chesapeake Bay Preservation
234 Areas which are not designated as Resource Protection Areas.
235 D. The Chesapeake Bay Preservation Area Map is hereby
236 declared to shall delineate the general locations of Chesapeake
237 Bay Preservation Resource Protection Areas and Resource
7
238 Management Areas. The Director City Manager shall have the final
239 authority in cases of uncertainty to determine the extent of
240 Chesapeake Bay Preservation Areas by application of the criteria
241 set forth in this section.
242 E. If the area encompassed by a Chesapeake Bay
243 Preservation Area includes a portion of a lot, the entire lot
244 shall be subject to the requirements of this ordinance. Any lot
245 subdivided after October 1, 1989 out of a lot lying partially
246 within a Chesapeake Bay Preservation Area shall also be subject
247 to the requirements of this ordinance.
248
249 Section 105. Intensely Developed Areas.
250 A. Intensely Developed Areas shall consist of areas of
251 _ _ - . - oo - . - o - - - - -252 environment remains, provided that one or more of the following
253 conditions existed as of October 1, 1989:
254 (1) Development had severely altered the natural state
255 of the lot such that it had more than fifty (50)
256 per cent impervious surface;
257 (2) The lot was served by public sewer and water; or
258 (3) The density of development equalled or exceeded
259 four (4) dwelling units per acre.
260 B. The designation of a lot as an Intensely Developed Arca
261
262 Chesapeake Bay Preservation Areas upon such lot. Redevelopment
263 upon any lot designated as an Intensely Developed Area shall be
264 . o - - o
265 otherwise specifically stated in subsection B. of Section 108 of
266 this ordinance.
267 Section 3O-4 105. Resource Protection Area Regulations.
268 There shall be no development in Resource Protection Areas
269 except for the construction, installation or maintenance of
270 water-dependent facilities..-,_ Redevelopment shall be allowed
271 redevelopment subject to the requirements of this ordinance, and
272 minor projects located in the landward fifty (50) feet of the
8
273 buffer area allowed by the City Manager as an exception pursuant
274 to Section 106 of this ordinance.
275 Section 106. Minor Projects.
276 A. The City Manager shall allow, as an exception, minor
277 projects located in the landward fifty (50) feet of the buffer
278 area which comply with the following requirements:
279 (1) The request shall be the minimum necessary to
280 afford relief;
281 J2) Best management practices shall be provided where
282 necessary to prevent a net increase in nonpoint
283 source pollution;
284 (3) Erosion and sediment controls shall be provided
285 where necessary to prevent erosion;
286 J4) Excavation material from construction shall be
287 disposed of in a lawful manner;
288 (5) All existing trees on the site which are six (6)
289 inches or greater in diameter at breast height and
290 are located within twenty five (25) feet of the
291 construction footprint shall be identified and
292 protected. Mitigation for trees removed shall be
293 in accordance with Section 110 (E) of this
294 ordinance; and
295 (6) Reasonable and appropriate conditions shall be
296 imposed by the City Manager if necessary to
297 preserve the purpose and intent of this ordinance.
298 B. A water quality impact assessment shall be submitted
299 prior to commencement of any land-disturbing activity associated
300 with a minor project, unless waived by the City Manager as
301 unnecessary in light of the location or characteristics of the
302 proposed project.
303 C. A site plan sufficient to show compliance with the
304 requirements of subdivisions (1) through (6) shall be submitted
305 and approved prior to commencement of any land-disturbing
306 activity associated with a minor project.
9
307 D. Minor projects located in their entirety within the
308 Resource Management Area shall not be subject to the requirements
309 of this ordinance.
310 Section 107 . Interpretation of Chesapeake Bay Preservation
311 Area Boundaries.
312 The Chesapeake Bay Preservation Area Map adopted by the City
313 Council shall be used as a guide to the general location of
314 Chesapeake Bay Preservation Areas. The site-specific boundaries
315 of a Chesapeake Bay Preservation Area shall initially be
316 delineated by the applicant, and shall be subject to approval and
317 modification by the Director City Manager on the basis of the
318 criteria set forth in Section 104 (B) of this ordinance. In
319 making such a determination, the Dircctor City Manager may
320 consider any relevant information and may perform site
321 inspections. When a delineation of a Chesapeake Bay Preservation
322 Area, or any component thereof, has been approved or established
323 by the Director City Manager, the Chesapeake Bay Preservation
324 Area Map shall be amended to reflect such delineation.
325 Section 108. Performance Standards.
326 The performance standards set forth in this section are
327 intended to prevent a net increase in nonpoint source pollution
328 from new development, achieve a ten (10) per cent reduction in
329 nonpoint source pollution from redevelopment, and achieve a forty
330 (40) per cent reduction in nonpoint source pollution from
331 agricultural uses. The following standards shall apply to all
332 development and redevelopment within all Chesapeake Bay
333 Preservation Areas, except for minor projects authorized by
334 Section 105 of this ordinance or minor projects located entirely
335 within Resource Management Areas.
336 A. General Performance Standards for Development and
337 Redevelopment.
338 (1) Land disturbance shall be limited to the area
339 necessary to provide for the desired use or
340 development. The limits of land disturbance,
10
341 including clearing or grading, shall be strictly
342 defined by the construction footprint as shown on
343 the approved plan of development. Clearing shall
344 be allowed only to provide necessary access, site
345 drainage, water quality best management practices,
346 installation of utilities and primary and reserve
347 drainfield sites as detailed on a Virginia
348 Department of Health Sewage Disposal Construction
349 Permit. These limits shall be clearly shown on
350 all plans submitted plans by an applicant and
351 physically marked on the development site.
352 (2) Indigenous vegetation shall be preserved to the
353 maximum extent possible consistent with the use
354 and development permitted and in accordance with
355 the most recent edition of the Virginia Erosion
356 and Sediment Control Handbook.
357 a. Where areas to be preserved are considered to
358 be part of the stormwater management plan for
359 that site, existing trees of greater than six
360 (6) inches diameter at breast height shall be
361 preserved outside the construction footprint.
362 Diseased trees or trees weakened by age,
363 storm, fire, or other injury may be removed.
364 b. Prior to clearing or grading, suitable
365 protective barriers, such as safety fencing,
366 shall be erected outside of the dripline of
367 any tree or stand of trees to be preserved.
368 These protective barriers shall remain so
369 erected throughout all phases of
370 construction. The storage of equipment,
371 materials, debris, or fill shall not be
372 allowed within the area protected by the
373 barrier.
374 (3) Land development shall minimize impervious cover
375 to promote infiltration of stormwater into the
11
376 ground consistent with the use or development
377 permitted through the incorporation of structural
378 or nonstructural urban best management practices:
379 (a) As described in the most recent edition of
380 the Urban Best Management Practice Handbook
381 of the Virginia Water Control Board; or
382 (b) As described in the City of Virginia Beach
383 Stormwater Management Ordinance.
384 (3a) During the design phase of development,
385 consideration should be given to the following
386 means of minimizing impervious cover:
387 a. Placement of parking areas under multiple-
388 family, office or commercial buildings;
389 b. Construction of no more than the minimum
390 number of parking spaces required by the City
391 Zoning Ordinance;
392 c. Utilization of modular grid pavers on private
393 property and in low-traffic zones; and
394 d. Cluster development in lieu of conventional
395 development by use of conditional zoning or
396 the Open Space Promotion Option.
397 (4) Notwithstanding any other provision of this
398 ordinance, any land disturbance exceeding two
399 thousand, five hundred (2 , 5001 square feet,
400 including construction of all single-family
401 houses, septic tanks, and drainfields, shall
402 comply with the requirements of Article 3 of
403 Chapter 30 of the Code of the City of Virginia
404 Beach (City Code Sections 30-56 through 30-78) .
405 (5) All on-site sewage disposal systems not requiring
406 a Virginia Pollutant Discharge Elimination System
407 (VPDES) permit shall be pumped out at least once
408 every five (5) years.
409 (6) For new construction not served by public sewer or
410 other system requiring a VPDES permit, a reserve
12
411 sewage disposal drainfield site with a capacity at
412 least equal to that of the primary sewage disposal
413 drainfield site shall be provided. This
414 requirement shall not apply to any lot or parcel
415 recorded prior to October 1, 1989 if such lot or
416 parcel is not sufficient in capacity to
417 accommodate a reserve sewage disposal drainfield
418 site, as determined by the Virginia Beach Health
419 District of the Virginia Health Department.
420 Building or construction of any impervious surface
421 shall be prohibited on the area of all sewage
422 disposal drainfield sites, including reserve
423 drainfield sites, until the property is served by
424 public sewer or an on-site sewage treatment system
425 operating under a VPDES permit.
426 (7) For any development or redevelopment, stormwater
427 runoff shall be controlled by the use of best
428 management practices that achieve the following
429 results:
430 a. For development, the postdevelopment nonpoint
431 source pollution runoff load shall not exceed
432 the predevelopment load based on an average
433 total phosphorus loading (FVA) of 2 . 72
434 pounds/acre/year and an equivalent impervious
435 cover (IVA) of twenty five (25) percent.
436 b. For Intcnccly Dcvclopcd Areas or other
437 redevelopment citcs, the nonpoint source
438 pollution load shall be reduced by at least
439 ten (10) per cent of the existing load. The
440 Director City Manager may waive or modify
441 this requirement for redevelopment sites that
442 originally incorporated best management
443 practices for stormwater runoff quality
444 control, provided that:
13
445 1. In no case may the postdevelopment
446 nonpoint source pollution runoff load
447 exceed the predevelopment load; and
448 2 . Best management practice facilities
449 shall be in good working order and
450 performing at the design levels of
451 service. - - - - _ -
452
453
454
455 - - - - - - - - - - -
456 - - - . _ _ nancc agreement
457
458 requirements. The City Manager shall
459 conduct a review of the original
460 structural design and the maintenance
461 plans of such facilities. The execution
462 of a new maintenance agreement may be
463 required to ensure compliance with these
464 requirements.
465 c. Predevelopment and postdevelopment loadings
466 shall be calculated by the same procedures as
467 outlined by the Chesapeake Bay Local
468 Assistance Department in its Local Assistance
469 Manual .
470 d. For a redevelopment site more than ninety
471 (90) per cent of which is covered by
472 impervious surfaces, restoration of a minimum
473 of an additional twenty (20) per cent of the
474 site to vegetated open space shall be deemed
475 the equivalent of a ten (10) per cent
476 reduction in nonpoint source pollution load.
477 e. Calculations involving the percentage of site
478 area under impervious cover shall be based
479 upon the lot area landward of mean low water
14
480 and wetlands. Impervious cover shall not
481 include the water surface area of a swimming
482 pool.
483 f. Low maintenance and non-structural best
484 management practices shall be employed to the
485 maximum extent practicable.
486 (8) Prior to the authorization of grading or other on-
487 site activities on that portion of a lot or
488 parcel, all permits required by the Wetlands
489 Zoning Ordinance and Sections 401 and 404 of the
490 Clean Water Act (33 U.S.C. §§1341, 1344) shall be
491 obtained and evidence of such submitted by the
492 applicant.
493 (9) Land upon which agricultural activities are
494 conducted shall have a soil and water quality
495 conservation plan. Such plan shall be based upon
496 the Field Office Technical Guide of the U.S.
497 Department of Agriculture Soil Conservation
498 Service and accomplish water quality protection
499 consistent with this ordinance. Such a plan shall
500 be approved by the Virginia Dare Soil and Water
501 Conservation District by January 1, 1995.
502 (10) Proposed revegetation of disturbed areas shall
503 provide maximum erosion and sediment control
504 benefits.
505 (11) Access for projccta development requiring permits
506 under Section 6-136 of the City Code or Section
507 1403 of the Wetlands Zoning Ordinance, and for
508 praj==t— development authorized by Section 1402 of
509 the Wetlands Zoning Ordinance, shall be limited to
510 a single accessway so as to maintain the integrity
511 of the buffer.
512 (12) Fill for projccto development referred to in
513 subdivision (11) hereof shall be limited to
514 minimize disturbance of existing vegetation and
15
515 contours so as to effectively maintain the
516 integrity of the buffer.
517 (13) Disposal sites for dredged material shall be
518 located and stabilized landward of the buffer.
519 (14) Excavation material from construction, including
520 dredged material, shall be disposed of in a lawful
521 manner.
522 B. Buffer Area Requirements.
523 To minimize the adverse effects of development activities on
524 the other components of Resource Protection Areas, state waters,
525 and aquatic life, a one hundred (1001 — foot wide buffer area of
526 vegetation that is effective in retarding runoff, preventing
527 erosion, and filtering nonpoint source pollution from runoff
528 shall be retained if present and established where it does not
529 exist.
530 The buffer area shall be located adjacent to and landward of
531 other components of a Resource Protection Area. The full buffer
532 area shall be designated as the landward component of the
533 Resource Protection Area.
534 The one hundred (1001 — foot buffer area shall be deemed to
535 achieve a seventy-five (75) per cent reduction of sediments and a
536 forty (40) per cent reduction of nutrients. A combination of a
537 buffer area not less than fifty (50) feet in width and
538 appropriate best management practices located landward of the
539 buffer area which collectively achieve water quality protection,
540 pollutant removal, and water resource conservation at least the
541 equivalent of the full one hundred (1001 — foot buffer area may
542 be employed in lieu of the one hundred (1001 — foot buffer with
543 the approval of the Dircctor aftcr considcration of a Watcr
544 Quality Impact Asocssmcnt.
545 C. Buffer Area Performance Standards.
546 The buffer area shall be maintained to meet the following
547 additional performance standards:
548 (1) In order to maintain the functional value of the
549 buffer area, no indigenous vegetation shall be
16
550 removed except to provide for reasonable sight
551 lines, access paths, general woodlot management,
552 and best management practices, as follows:
553 a. Trees may be pruned or removed as necessary
554 to provide for sight lines and vistas,
555 provided that where removed, they shall be
556 replaced with other vegetation that is
557 equally effective in retarding runoff,
558 preventing erosion, and filtering nonpoint
559 source pollution from runoff.
560 b. Any path shall be constructed and surfaced so
561 as to effectively control erosion.
562 c. Dead, diseased, or dying trees or shrubbery
563 may be removed at the discretion of the
564 landowner.
565 d. For projects requiring permits under Section
566 6-136 of the City Code or Section 1403 of the
567 Wetlands Zoning Ordinance, and for projects
568 authorized by Section 1402 of the Wetlands
569 Zoning Ordinance, trees and woody vegetation
570 may be removed, necessary control techniques
571 employed, and appropriate vegetation
572 established to protect or stabilize the
573 shoreline in accordance with the best
574 available technical advice and applicable
575 permit conditions or requirements.
576 (2) When the application of the buffer areas would
577 result in the loss of a buildable area on a lot or
578 parcel recorded prior to October 1, 1989, the
579 Committee City Manager may allow reductions of the
580 width of the buffer area in accordance with
581 following criteria:
582 a. Encroachments upon, or reductions in the
583 width of, the buffer area shall be the
584 minimum necessary to accommodate a
17
585 construction footprint solely for a principal
586 structure. Once construction is complete,
587 the vacant area within the construction
588 footprint shall be restored with vegetation
589
590 b. Where possible, an area of vegetation equal
591 in size to the area of the buffer reduced or
592 encroached upon shall be established
593 elsewhere on the lot in such manner as to
594 maximize water quality protection; and
595 c. In no case shall the reduced portion of the
596 buffer area be less than fifty (50) feet in
597 width.
598 (3) On agricultural lands the agricultural buffer area
599 shall be managed to prevent concentrated flows of
600 surface water from breaching, and noxious weeds from
601 invading, the buffer area. The agricultural buffer
602 area may be reduced as follows:
603 a. To a minimum width of fifty (50) feet when
604 the subject land is implementing a federal,
605 state, or locally-funded agricultural best
606 management practices program, provided that
607 the combination of the reduced buffer area
608 and the best management practices achieve
609 water quality protection, pollutant removal,
610 and water resource conservation at least the
611 equivalent of the one hundred (1001 — foot
612 buffer area, as determined by the Virginia
613 Dare Soil and Water Conservation District;
614 b. To a minimum width of twenty-five (25) feet
615 when a soil and water quality conservation
616 plan, as approved by the Virginia Dare Soil
617 and Water Conservation District, has been
618 implemented on the subject land. Such plan
619 shall be based upon the Field Office
18
620 Technical Guide of the U.S. Department of
621 Agriculture Soil Conservation Service and
622 accomplish water quality protection
623 consistent with this ordinance.
624 c. The buffer area shall not be required for
625 agricultural drainage ditches if the subject
626 agricultural land has in place best
627 management practices in accordance with a
628 conservation plan approved by the Virginia
629 Dare Soil and Water Conservation District.
630 The provisions of subsection B. hereof shall not apply
631 = - - - e- . - - - - - - - - -
632 consideration shall be given by the applicant to establishing or
633 maintaining a vegetated buffer of sufficient width to reduce the
634 nonpoint source pollution load by at least ten (10) per cent.
635 D. A new or expanded water dependent facility shall be
636 allowed, provided that:
637 (1) It does not conflict with the comprehensive
638 plan;
639 (2) It complies with all of the applicable
640 performance standards set forth in Section
641 108 of this ordinance;
642 J3) Any non-water dependent component is located
643 landward of Resource Protection Areas; and
644 (4) Access will be provided with the minimum
645 disturbance necessary. Where possible, a
646 single point of access will be provided.
647 E. Redevelopment Performance Standards.
648 (1) Redevelopment shall conform to the applicable
649 stormwater management and erosion and
650 sediment control performance standards set
651 forth in Section 108 of this ordinance.
652 J2) Where possible, the applicant shall establish
653 or maintain a vegetated buffer of sufficient
654 width to help achieve the ten (10) percent
19
655 reduction in the existing nonpoint source
656 pollution load for redevelopment.
657 Section 109. - _ _ _ _ „ - -
658
659 - - __ - - roc impacts of proposed
660
661 • - - o - - _ , - - - o - - o o - _
662
663
664
665 Rcsourcc Protcction Areas and othcr sensitive lands; and (iii)
666 0 - - - - - _ - _ ; ,
667 development for water quality protcction.
668 B. A water quality impact assessment shall be required (i)
669
670 Area; (ii) for any buffer arca encroachment or reduction provided
671 = _ - - e : o 0 0 ' - . - - - - -
672 quality impact statement is deemed necessary by the Director to
673 evaluate the potential impacts of the development or
674 redevelopment upen water quality or a Rcsourcc Protection Arca by
675 c o - - - o - - - o - - • - - '
676 of the proposed use or development.
677 C. The following clemcntc shall be included in a water
678 = - - - - - - _ - _ _ - - - - - - - - -
679
680 determining the impact of the proposed development or
681 redevelopment:
682 __ -. _ - - -- _ _ • _ _ - - -
683 • _ - - • - ° - - - - - - : : - -
684 arca;
685 -
686
687 reduction of, the buffer arca;
688 (3) A scaled plan and text that:
20
689 a. Describes the existing topography, soil
690 information, including depth to groundwater
691
692
693 on the site and, if necessary, drainage
694 patterns from adjacent lands;
695 b. Describes the impacts of the proposed
696 development on topography, soils, surface and
697 groundwater hydrology on the site and
698 adjacent lands;
699 c. Describes potential adverse impacts on
700 wetlands;
701 d. Indicates the source location and description
702 of proposed excavation and fill material;
703 c. Indicates, for any water dependent activity,
704
705 impacts upon, shellfish beds, submerged
706 aquatic vcgctation, and fish spawning and
707 nursery areas;
708 - -_ - . _ -
709 required for the development of the site; and
710 g. Describes the proposed mitigation measures
711
712 impacts of the project;
713 (4) A landscape clement that:
714 - . - - - . -_ = lincates the location of all
715 trees of six inch (6") or greater diameter at
716 =
717 trees, stands may be outlined;
718 z . - ' _ - - - - - _ _ __ - _
719 development or redevelopment will have on
720 existing vcgctation. Such information shall
721 include:
21
722 1. Limits of clearing, based on all
723 anticipated improvements, including
724 buildings, drives, and utilities;
725 2 . Delineation of all trccs which will be
726 rcmovcd; and
727 3 . Description of plant species to be
728 disturbed or rcmovcd.
729 c. Describes the proposed measures for
730 mitigation, which should include:
731 1. A rcplanting schedule for trees and
732 other vegetation removed for
733 - = -
734
_734 and trees to be used;
735 2 . A demonstration that the design of the
736 -
737 extent possible any trees and vcgctation
738
739 erosion control and overland flow
740 benefits from such vegetation; and
741 3 . A demonstration that indigenous plants
742 - _ - _ _ - - - -
743 possible.
744 - " -
745 (1) There shall be submitted to the Director for
746
747
748 require.
749 (2) All information required in this section shall be
750 prepared by a professional engineer or a certified
751 land surveyor, provided, however, that the
752 - - _ - - _ - - - •• - - - • = prcparcd by a qualified
753 profe cional, as defined by the City's Parking Lot
754 . - _ _ - -_ . o _. -_ "- _
755
756 plans for single family residential development or
22
757 redevelopment not subject to the Subdivision
758 a : ' - _ - - - - = = _ - =- : .
759 a qualified professional.
760 (3) A water quality impact a,ccssment shall be
761 prepared and submitted to the Director in
762 conjunction with Section 110 (Plan of Development
763 Proces3) of this ordinance.
764 Section 110. Plan of Development Process.
765 A. A lot which is to be developed as one (1) single family
766 dwelling, semidetached dwelling or attached dwelling/townhouse
767 located in its entirety within the Resource Management Area
768 having a construction footprint greater than two thousand, five
769 hundred (2 , 500) square feet shall submit a site plan in lieu of
770 the provisions outlined pursuant to subsection (B) hereof to
771 comply with the provisions of Section 108 of this ordinance.
772 Said site plan shall be prepared according to the provisions of
773 the Site Plan Ordinance and shall contain the following
774 information, unless deemed unnecessary by the City Manager:
775 (1) Limits of land disturbance and all areas of
776 clearing, grading, accessways and staging areas.
777 (2) Location of all approved existing and proposed
778 septic tanks and drainfield areas including
779 reserve areas and the location of all existing and
780 proposed wells and utilities.
781 (3) Location of all erosion and sediment control
782 devices.
783 (4) A statement that excavation material from
784 construction shall be disposed of in a lawful
785 manner.
786 (5) The total amount of impervious surface proposed
787 for the site.
788 (6) Specifications for the protection of existing
789 trees and vegetation during clearing, grading and
790 all phases of construction.
23
791 (7) Revegetation schedule, if required by the City
792 Manager.
793 (8) Best management practices, if required by the City
794 Manager.
795 (9) Evidence that all applicable wetlands permits
796 required by law have been obtained prior to
797 authorization of grading or other on-site
798 activities shall be provided.
799 The site plan shall be deemed to constitute a plan of development
800 review process consistent with Section 15. 1-491 (h) of the Code
801 of Virginia.
802 B. Any development or redevelopment having a construction
803 footprint exceeding two thousand, five hundred (2 , 5001 square
804 feet, except as outlined pursuant to subsection (A) hereof, shall
805 be accomplished through a plan of development process prior to
806 any clearing or grading of the site or the issuance of any
807 building permit.
808 AC. Required Information, Submission and Review
809 Requirements.
810 (1) There shall be submitted to the City Manager for
811 review such number of copies of all site drawings
812 and other required information as the City Manager
813 may require.
814 _(2) All information required in this section shall be
815 drawn to the same scale as the preliminary site
816 plan or final subdivision plat, and certified as
817 complete and accurate by a professional engineer
818 or a certified land surveyor. The environmental
819 features survey may also be certified as complete
820 and accurate by a professional landscape
821 architect. The landscape plan of the water
822 quality impact assessment may also be submitted as
823 complete and accurate by a qualified professional,
824 as defined by the City's Parking Lot and
825 Foundation Landscaping Specifications and
24
826 Standards; provided, however, that landscape plans
827 for single-family residential development or
828 redevelopment not subject to the Subdivision
829 Ordinance shall not be required to be submitted by
830 a qualified professional.
831 (3) The following plans shall be submitted, unless
832 otherwise provided for or deemed unnecessary by
833 the Director City Manager:
834 (-la) A site plan or a subdivision plat
835 meeting the requirements of the Site
836 Plan Ordinance or Subdivision Ordinance,
837 as the case may be;
838 (fib) An environmental features survey;
839 (ac) A landscape plan;
840 (4d) A stormwater management plan meeting the
841 requirements of the Stormwater
842 Management Ordinance;
843 (fie) An erosion and sediment control plan
844 meeting the requirements of the City's
845 Erosion and Sediment Control and Tree
846 Protection Ordinance; and
847 (Gf) A water quality impact assessment€
848 required by Section 109 of this
849 ordinance.
850 D. Environmental Features Survey.
851 An environmental features survey shall be submitted in
852 conjunction with final subdivision plat or site plan review.
853 (1) Such plan shall be drawn to scale and clearly
854 delineate the following environmental features:
855 (a) Tidal wetlands;
856 (b) Tidal shores;
857 (c) Nontidal wetlands connected by perennial
858 . _ -
859 or tributary streams as set forth in Section
860 104 (B) (2) of this ordinance;
25
861 (d) Highly erodible soils; and
862 (e) A buffer area one hundred (100) feet in
863 width, located adjacent to and landward of
864 components (a) through (d) and along both
865 sides of any tributary stream.
866 (2) The location and extent of nontidal wetlands
867 referred to in (c) hereinabove shall be determined
868 in accordance with the procedures specified in the
869 Federal Manual for Identifying and Delineating
870 Jurisdictional Wetlands, as restricted by the
871 definition of nontidal wetlands oct forth in
872 section 103 Section 104 (B) (2) of this ordinance.
873 (3) The environmental futures survey plan shall be
874 0 0 - - - - _ - - _ - -
875 plan or subdivision plat, and shall be ccrtificd
876
877 engineer, professional landscape architect or
878 certified land surveyor.
879 EE. Landscape Plan.
880 (1) A landscape plan shall contain the following:
881 a. A delineation of the location, size, and
882 description of existing and proposed plant
883 material. All existing trees on the site of
884 six inch (6) inches or greater diameter at
885 breast height shall be shown on the
886 landscaping plan. Where there are groups of
887 trees, stands may be outlined instead. The
888 specific number of such trees to be preserved
889 outside or within the construction footprint
890 shall be indicated on the plan. Trees and
891 plants to be disturbed or removed to create a
892 desired construction footprint shall be
893 clearly delineated on the landscape plan. A
894 description of the proposed measures for
895 mitigation shall include (i) a replanting
26
896 schedule for trees and other vegetation
897 removed for construction, including a list of
898 plants and trees to be used; (ii) a
899 demonstration that the design of the plan
900 will preserve to the greatest extent possible
901 any trees and vegetation on the site and will
902 provide maximum erosion control and overland
903 flow benefits from such vegetation; and (iiil
904 a demonstration that indigenous plants are to
905 be used to the greatest extent possible. If
906 no mitigation or planting is required,
907 existing trees may be delineated on the
908 environmental features survey;
909 b. A delineation of any required buffer area and
910 any plant material to be added to establish
911 or supplement the buffer area;
912 c. Within the buffer area, a designation of the
913 trees to be removed for sight lines, vistas,
914 access paths and best management practices,
915 and any vegetation replacing trees removed
916 from the buffer area;
917 d. A designation of the trees to be removed for
918 shoreline stabilization projects and any
919 replacement vegetation;
920 e. A depiction of grade changes or other work
921 adjacent to trees which would adversely
922 affect them. Specifications shall be
923 provided as to how grade, drainage, and
924 aeration would be maintained around trees to
925 be preserved; and
926 f. A description of the limits of clearing of
927 existing vegetation, based on all anticipated
928 improvements, including buildings, drives,
929 and utilities; and
27
930 €g. Specifications for the protection of existing
931 trees during clearing, grading, and all
932 phases of construction.
933 (2) Plant Specifications.
934 Plant specifications shall be as follows:
935 a. All plant materials necessary to supplement
936 the buffer area or vegetated areas outside
937 the construction footprint shall be installed
938 according to standard planting practices and
939 procedures.
940 b. All supplementary or replacement plant
941 materials shall be in a healthy condition.
942 Plant materials shall conform to the
943 standards of the most recent edition of the
944 American Standard for Nursery Stock,
945 published by the American Association of
946 Nurserymen.
947 c. Where areas to be preserved are encroached
948 upon, replacement of existing trees and other
949 vegetation shall be achieved at a ratio of
950 three (3) trees planted to one (1) tree
951 greater than six (6) inches diameter at
952 breast height removed, or by such other
953 measures as in the judgment of the Dircctor
954 City Manager will adequately compensate for
955 the removal of such trees and other
956 vegetation. Replacement trees shall be a
957 minimum two (2) to two and one-half inchcs (2
958 1/219 inches caliper at the time of planting.
959 (3) Maintenance.
960 Maintenance of vegetation shall be as follows:
961 a. The applicant shall be responsible for the
962 maintenance and replacement of all vegetation
963 required by the provisions of this ordinance.
28
964 b. In buffer areas and areas outside of the
965 construction footprint, plant material shall
966 be tended and maintained in a healthy growing
967 condition and free from refuse and debris.
968 Unhealthy, dying, or dead plant materials
969 shall be replaced during the next planting
970 season, as required by the provisions of this
971 ordinance.
972
973 -. -
974
975 = - - _ - _ . - - . - - - _ - - •
976 as defined by the City's Parking Lot and
977 Foundation Landscaping Specifications and
978
979 for single family residential development or
980 redevelopment not subject to the Subdivision
981
982 a qualified professional.
983 DF. Stormwater Management Plan.
984 A stormwater management plan shall be submitted as part of
985 the plan of development process required by this ordinance and in
986 conjunction with preliminary site plan or final subdivision plat
987 approval.
988 (1) The stormwater management plan shall contain maps,
989 charts, graphs, tables, photographs, narrative
990 descriptions, explanations, and supporting
991 references. At a minimum, the stormwater
992 management plan shall contain the following:
993 a. Location and design of all planned stormwater
994 control devices;
995 b. Procedures for implementing non-structural
996 stormwater control practices and techniques;
997 c. Predevelopment and postdevelopment nonpoint
998 source pollutant loadings with supporting
29
999 documentation of all utilized coefficients
1000 and calculations as outlined in Section 108
1001 (A) (7) (c) of this ordinance;
1002 d. For stormwater management facilities,
1003 verification of structural soundness, which
1004 shall be certified by a professional
1005 engineer.
1006 (2) All engineering calculations shall be performed in
1007 accordance with current City of Virginia Beach
1008 Public Works Standards and Specifications and the
1009 current edition of the Local Assistance Manual.
1010 (3) The plan shall establish a long-term schedule for
1011 inspection and maintenance of stormwater
1012 management consistent with the City's Stormwater
1013 Management Ordinance [Appcndix D] .
1014 EG. Erosion and Sediment Control Plan. An erosion and
1015 sediment control plan meeting the requirements of the provisions
1016 of Article 3 of Chapter 30 of the Code of the City of Virginia
1017 Beach (City Code Sections 30-56 through 30-78) shall be submitted
1018 with the preliminary site plan or final subdivision plat.
1019 H. Water Quality Impact Assessment. The purpose of a
1020 water quality impact assessment is to: (i) identify the
1021 potentially adverse impacts of proposed development on water
1022 quality and lands within Chesapeake Bay Preservation Areas; (ii)
1023 ensure that, where development or redevelopment takes place
1024 within Chesapeake Bay Preservation Areas, it will be located on
1025 those portions of a site and in a manner that will be least
1026 disruptive to the natural functions of Resource Protection Areas
1027 and other sensitive lands; and (iii) specify means to avoid,
1028 minimize or mitigate the impacts of development for water quality
1029 protection.
1030 S1) A water quality impact assessment shall be
1031 required (i) for any development or redevelopment
1032 within a Resource Protection Area; (ii) for any
1033 buffer area encroachment or reduction; (iii) for
30
1034 any variance provided for in Section 113 of this
1035 ordinance; (iv) for minor projects authorized by
1036 Section 106 of this Ordinance, unless waived by
1037 the City Manager pursuant to such section; or (v)
1038 where a water quality impact statement is deemed
1039 necessary by the City Manager to evaluate the
1040 potential impacts of the development or
1041 redevelopment upon water quality or a Resource
1042 Protection Area by reason of the unique
1043 characteristics of the site or the intensity of
1044 the proposed use or development.
1045 (2) The following elements shall be included in a
1046 water quality assessment unless one or more such
1047 elements shall, in the judgment of the City
1048 Manager, not be reasonably necessary in
1049 determining the impact of the proposed development
1050 or redevelopment:
1051 a. An environmental features survey as set forth
1052 in Section 110 (D) of this ordinance;
1053 b. A landscape plan as set forth in section 110
1054 (E) of this ordinance;
1055 c. A stormwater management plan as set forth in
1056 Section 110 (F) of this ordinance; and
1057 d. A narrative that:
1058 1. Describes the existing topography, soil
1059 information, including depth to
1060 groundwater and infiltration rate where
1061 appropriate, surface and groundwater
1062 hydrology, wetlands on the site and, if
1063 necessary, drainage patterns from
1064 adjacent lands;
1065 2 . Describes the impacts of the proposed
1066 development on topography, soils,
1067 surface and groundwater hydrology on the
1068 site and adjacent lands;
31
1069 3 . Describes potential adverse impacts on
1070 wetlands;
1071 4. Indicates the source location and
1072 description of proposed excavation and
1073 fill material;
1074 5. Indicates, for any water-dependent
1075 activity, the location of, and potential
1076 adverse impacts upon, shellfish beds,
1077 submerged aquatic vegetation, and fish
1078 spawning and nursery areas;
1079 6. Lists all federal, state and local
1080 permits required for the development of
1081 the site; and
1082 7 . Describes the proposed mitigation
1083 measures for the potential adverse
1084 hydrogeological impacts of the project.
1085 H. Performance and Bonding Requirements.
1086 (1) No approved plans required by this section shall
1087 be released until the applicant provides
1088 performance bonds or other form of surety
1089 acceptable to the City Attorney, provided,
1090 however, that when the occupancy of a structure is
1091 desired prior to the completion of the required
1092 landscaping, stormwater management facilities, or
1093 other specifications of an approved plan, a
1094 building permit and certificate of occupancy may
1095 be issued if the applicant provides to the City of
1096 Virginia Beach a form of surety satisfactory to he
1097 City Attorney in an amount equal to the estimated
1098 cost of construction, related materials, and
1099 installation costs of the required landscaping or
1100 other specifications and maintenance costs for any
1101 required stormwater management facilities.
1102 (2) All required landscaping shall be installed as
1103 approved by the end of the first planting season
32
1104 following issuance of a certificate of occupancy
1105 or the surety shall be forfeited to the City.
1106 (3) All required stormwater management facilities or
1107 other specifications shall be installed and
1108 approved within eighteen (18) months of project
1109 commencement. Should the applicant fail, after
1110 proper notice, to initiate, complete or maintain
1111 appropriate actions required by the approved plan,
1112 the surety may be forfeited to the City, which may
1113 also collect from the applicant the amount by
1114 which the reasonable cost of required actions
1115 exceeds the amount of the surety held.
1116 (4) After all required actions of the approved plan
1117 have been completed, the applicant shall submit to
1118 the Dircctor City Manager a written request for a
1119 final inspection. If the requirements of the
1120 approved plan have been completed, such unexpended
1121 or unobligated portion of the surety held shall be
1122 refunded to the applicant or terminated within
1123 sixty (60) days following the receipt of the
1124 applicant's request for final inspection.
1125 (5) Prior to the issuance of any grading, building or
1126 other permit for activities involving site
1127 development activities, the applicant shall
1128 furnish to the City a reasonable performance bond,
1129 cash escrow, letter of credit or other legal
1130 surety, or any combination thereof acceptable to
1131 the City Attorney, to ensure that measures may be
1132 taken by the City, at the applicant's expense,
1133 should he fail, after proper notice, within the
1134 time specified, to initiate or maintain
1135 appropriate conservation action which may be
1136 required of him as a result of his site
1137 development.
33
1138 (6) Any applicant, or potential applicant, may confer
1139 with such departments and other agencies of the
1140 City as may be appropriate concerning a general
1141 development or redevelopment proposal before
1142 submission of an application. Such conference
1143 shall not require formal application, the payment
1144 of fees, or submission of a plan of development,
1145 and shall not be construed as an application for
1146 approval of such proposal.
1147 Section 111. Nonconforming Buildings and Structures.
1148 A. Any use, building or structure which lawfully existed
1149 on the date of adoption of this ordinance and which is not in
1150 conformity with any one or more of the provisions of this
1151 ordinance, and any use, building or structure which lawfully
1152 exists on the date of adoption of any amendment to this ordinance
1153 and which is not in conformity with such amendment, shall be
1154 deemed nonconforming.
1155 B. No change of use or extension, enlargement, relocation
1156 or substantial alteration of a nonconforming use, building or
1157 structure which would increase the arca of impervious cover of
1158 the lot upon which it is located or increase the nonpoint source
1159 pollution runoff load from the lot shall be allowed unless
1160 authorized by the Board in accordance with the procedures and
1161 standards specified in Section 113 of this ordinance or by the
1162 Director City Manager pursuant to subsection (E) .
1163 C. Any action of the Board permitting a change of use, or
1164 the extension, enlargement, relocation or alteration of a use,
1165 building or structure subject to the provisions of this section
1166 shall be null and void twelve (12) months from the date of its
1167 adoption unless substantial work has commenced and is diligently
1168 pursued.
1169 D. Nothing in this section shall be construed to prohibit
1170 the reconstruction or restoration of any nonconforming building
1171 or structure which is destroyed or damaged by reason of casualty
34
1172 loss, provided that the area encompassed by such building or
1173 structure, as reconstructed or restored, is not extended or
1174 enlarged. Relocation of a building or structure shall be allowed
1175 only as provided in subsection (B) hereof.
1176 E. Any application for a change of use or extension,
1177 enlargement, relocation or substantial alteration of a
1178 nonconforming use, building or structure shall be reviewed by the
1179 Director City Manager. If the DircctorCity Manager determines
1180 that the proposed action would not increase the arca of
1181
1182 _ - _ -_ . - _ _ - - - - nonpoint source
1183 pollution runoff load from the lot, the Director City Manager
1184 shall approve the application. If the Director City Manager
1185 determines that any increase in nonpoint source pollution runoff
1186 load may be prevented by the use of best management practices or
1187 other mitigation techniques, It he shall approve the application
1188 upon the condition that such practices or techniques, or a
1189 combination thereof, be employed. The Director City Manager may
1190 establish such review policies as deemed expedient in
1191 effectuating the intent of this section.
1192 F. Any development or land disturbance exceeding an area
1193 of two thousand, five hundred (2 , 500) square feet shall comply
1194 with the erosion and sediment control performance standards set
1195 forth in Section 108 of this ordinance.
1196 FG. Notwithstanding any other provision of this section,
1197 where the requirements for buffer area reductions pursuant to
1198 Section 108 (B) of this ordinance are met, the Director City_
1199 Manager shall approve any change of use or extension,
1200 enlargement, relocation or substantial alteration of a
1201 nonconforming use, building or structure in the landward fifty
1202 (50) feet of the buffer area.
1203 Section 112. Exemptions.
1204 A. Exemptions for Public Facilities.
35
1205 (1) Construction, installation, operation and
1206 maintenance of electric and telephone lines,
1207 railroads, public roads and their appurtenant
1208 structures in accordance with (i) regulations
1209 promulgated pursuant to the Erosion and Sediment
1210 Control Law (Section 10. 1-560 et seq. of the Code
1211 of Virginia) and the Stormwater Management Act
1212 (Section 10. 1-603 . 1 et seq. of the Code of
1213 Virginia) , (ii) an erosion and sediment control
1214 plan and a stormwater management plan approved by
1215 the Virginia Department of Conservation and
1216 Recreation, or (iii) local water quality
1217 protection criteria at least as stringent as the
1218 state requirements will be deemed to constitute
1219 compliance with these regulations, provided that:
1220 all requirements of Article III of Chapter 30 of
1221 the Codc of the City of Virginia Beach (City Code
1222 Sections 30 56 through 30 78) shall be deemed to
1223 be ___ __mp'- i ince ___th this ordinance. Such
1224 appurtenant structures shall include, but arc not
1225 limited to, bridges, culverts, guard rails,
1226 drainage facilities, lighting and traffic control
1227 devices, fences and berms.
1228 a. The road alignment and design are optimized
1229 and consistent with other applicable
1230 requirements to prevent or otherwise minimize
1231 (i) encroachment in the Resource Protection
1232 Area and (ii) adverse effects on water
1233 guality.
1234 b. Such appurtenant structures shall include,
1235 but are not limited to, bridges, culverts,
1236 guard rails, drainage facilities, lighting
1237 and traffic control devices, fences and
1238 berms.
36
1239 (2) Roads or driveways not exempt from the provisions
1240 of Section 112 (A) (1) of this ordinance may be
1241 constructed in or across Resource Protection Areas
1242 if each of the following conditions is met:
1243 a. The City Manager makes a finding that there
1244 are no reasonable alternatives to aligning
1245 the road or driveway in or across the
1246 Resource Protection Area;
1247 b. The alignment and design of the road or
1248 driveway are optimized, consistent with other
1249 requirements, to minimize (i) encroachment
1250 into the Resource Protection Area and (ii)
1251 adverse effects on water quality;
1252 c. The design and construction of the road or
1253 driveway satisfy all applicable criteria of
1254 this ordinance, including submission of a
1255 water quality impact assessment; and
1256 d. The City Manager reviews the plan for the
1257 road or driveway proposed in or across the
1258 Resource Protection Area in coordination with
1259 local site plan, subdivision and plan of
1260 development approvals.
1261 (23) Construction, installation and maintenance of
1262 water, sewer, cable and gas lines and storm
1263 drains, and their appurtenant facilities, and of
1264 pumping stations, fire hydrants, manholes,
1265 communication devices and power facilities that
1266 are an essential but incidental component of
1267 public water and sewer projects, shall be exempt
1268 from this ordinance provided that:
1269 a. To the degree practicable, the location of
1270 such utilities and facilities shall be
1271 outside Resource Protection Areas;
37
1
1272 b. No more land shall be disturbed than is
1273 necessary to provide for the desired
1274 installation;
1275 c. All construction, installation, and
1276 maintenance of such utilities and facilities
1277 shall comply with all applicable state and
1278 federal requirements and permits and shall be
1279 designed and constructed in a manner that
1280 protects water quality; and
1281 d. Any land disturbance exceeding an area of two
1282 thousand, five hundred (2 , 5001 square feet
1283 complies with all requirements of Article 3
1284 of Chapter 30 of the Code of the City of
1285 Virginia Beach (City Code Sections 30-56
1286 through 30-78) .
1287 (44) Construction, installation and maintenance of
1288 stormwater quality control structures such as
1289 pipes, ditches, swales, culverts, detention and
1290 retention ponds, energy dissipating devices and
1291 ditch bank protection which are required or
1292 regulated by city ordinance and which comply with
1293 the requirements of Article III of Chapter 30 of
1294 the Code of the City of Virginia Beach (City Code
1295 Sections 30-56 through 30-78) shall be deemed to
1296 be in compliance with this ordinance.
1297 B. Exemptions for Silvicultural Activities.
1298 Silvicultural activities shall be exempt from the
1299 requirements of this ordinance provided that such activities
1300 comply with water quality protection procedures prescribed by the
1301 Department of Forestry in its "Best Management Practices Handbook
1302 for Forestry Operations. "
1303 C. Exemptions in Resource Protection Areas.
1304 The following uses of land in Resource Protection Areas
1305 shall be exempt from the provisions of this ordinance: (i) water
1306 wells; (ii) passive recreation facilities, including, but not
38
1307 limited to, boardwalks, trails and pathways; (iii) historic
1308 preservation and archaeological activities; and (iv) fences which
1309 do not inhibit surface flow; and (v) swimming pools employing
1310 bcst management practices, provided that it is demonstrated to
1311 the satisfaction of the Director City Manager that:
1312 (1) Any required permits, except those to which this
1313 exemption specifically applies, shall have been
1314 issued; and
1315 (2) Any land disturbance exceeding an area of two
1316 thousand, five hundred (2 , 5001 square feet shall
1317 comply with all requirements of Article 3 of
1318 Chapter 30 of the Code of the City of Virginia
1319 Beach (City Code Sections 30-56 through 30-78) .
1320 Section 113. Variances.
1321 A. Applications for variances from any of the provisions
1322 of this ordinance shall be in writing and filed with the Director
1323 City Manager. Such applications shall identify the potential
1324 impacts of the proposed variance on water quality and on lands
1325 within the Resource Protection Area through the performance of a
1326 water quality impact assessment which complies with the
1327 provisions of this ordinance. No such applications shall be
1328 accepted by the Director City Manager unless accompanied by a
1329 nonrefundable fee in the amount of One Hundred Five Dollars
1330 ($105. 00) .
1331 B. The Director City Manager shall review the request for
1332 a variance and the water quality impact assessment and provide
1333 the Board with an evaluation of the potential impacts of the
1334 proposed variance and such other information as may aid the Board
1335 in considering the application. The Director City Manager shall
1336 transmit the application and supporting information and
1337 evaluation to the members of the Board and the applicant no less
1338 than five (5) days prior to the scheduled hearing on such
1339 application.
39
1340 C. Not later than sixty (60) days after the receipt of an
1341 application, the Board shall hold a public hearing on such
1342 application. Notice of the time and place of the hearing shall
1343 be published no less than once per week for two consecutive weeks
1344 prior to such hearing in a newspaper having a general circulation
1345 in the city. The second such notice shall appear not less than
1346 five (5) days nor more than twenty-one (21) days prior to the
1347 hearing.
1348 D. In addition to the foregoing requirements, the
1349 applicant shall cause to be posted on the property which is the
1350 subject of the hearing a sign, of a size and type approved by the
1351 Board, clearly visible and legible from the nearest public
1352 street. Such sign shall be posted not less than fifteen (15)
1353 days from the public hearing and shall state the nature of the
1354 application and date and time of the hearing. In the event such
1355 sign is removed, obscured or otherwise rendered illegible prior
1356 to the hearing, the Board may deny or defer the application. Any
1357 application deferred by the Board by reason of noncompliance with
1358 the posting requirements of this section shall not thereafter be
1359 heard unless and until an additional fee in the amount of One
1360 Hundred Dollars ($100. 00) is paid.
1361 E. The Board may make, alter and rescind rules for its
1362 procedures not inconsistent with the provisions of this section;
1363 provided, however, that a quorum shall be not less than a
1364 majority of all of the members of the Board, and provided
1365 further, that the concurring vote of a majority of the full
1366 membership of the Board shall be required to grant any variance.
1367 F. No variance shall be granted unless the Board finds
1368 that:
1369 (1) Granting the variance will not confer upon the
1370 applicant any special privileges not accorded to
1371 other owners of property in Chesapeake Bay
1372 Preservation Areas;
1373 (2) The application is not based upon conditions or
1374 circumstances that are or have been created or
40
1375 imposed by the applicant or his predecessor in
1376 title;
1377 (3) The variance is the minimum necessary to afford
1378 relief;
1379 (4) The variance will be in harmony with the purpose
1380 and intent of this ordinance, and not injurious to
1381 the neighborhood or otherwise detrimental to the
1382 public welfare; and
1383 (5) There will be no net increase in nonpoint source
1384 pollution load.
1385 No variance shall be granted unless reasonable and appropriate
1386 conditions are imposed which will prevent the variance from
1387 causing or contributing to a degradation of water quality.
1388 G. Any party aggrieved of a decision of the Board may,
1389 within thirty (30) days of the date of such decision, petition
1390 the Circuit Court to review such decision. The procedure in such
1391 cases shall be as provided in Section 15. 1-497 of the Code of
1392 Virginia, as amended. No party having failed to appear at the
1393 hearing before the Board and object to the application at that
1394 time shall be deemed to be an aggrieved party; provided, however,
1395 that the City shall have standing to appeal any decision of the
1396 Board irrespective of not having appeared before the Board as
1397 otherwise required by this section.
1398 H. The Circuit Court may affirm, reverse or modify any
1399 decision of the Board, and may impose any reasonable conditions
1400 in its judgment; provided, however, that no decision of the Board
1401 shall be disturbed unless the court shall find that:
1402 (1) The decision appealed from was based upon the
1403 erroneous application of the criteria set forth in
1404 subsection (F) hereof or was based upon grounds
1405 other than those set forth therein;
1406 (2) There was no substantial evidence upon which the
1407 Board could have made all findings required by
1408 subsection (F) ;
1409 (3) The decision of the Board was plainly wrong; or
41
1410 (4) The Board failed to impose reasonable and
1411 appropriate conditions intended to prevent the variance from
1412 causing or contributing to a degradation of water quality.
1413 Section 114. Appeals.
1414 A. Any order, determination or decision made by the
1415 Director City Manager or any administrative officer in the
1416 administration or enforcement of this ordinance may be appealed
1417 to the Board by application filed with the Dircctor City Manager
1418 within fifteen (15) days from the date of such order,
1419 determination or decision. Such application shall state with
1420 particularity the grounds of such appeal. Any application
1421 failing to do so shall be rejected by the Director City Manager.
1422 The filing of an appeal shall not stay any proceedings in
1423 furtherance of the action appealed from.
1424 B. The fees, notice requirements and procedures pertaining
1425 to appeals shall be as set forth in Section 4 113 ; provided,
1426 however, that the provisions of subsection (B) thereof shall not
1427 apply.
1428 C. Any party aggrieved of any determination of the Board
1429 shall have the right to petition the Circuit Court to review a
1430 decision of the Board made pursuant to this section. The
1431 provisions of subsection (G) of Section 4 113 of this ordinance
1432 shall apply in such cases.
1433 Section 115. Violations.
1434 A. A violation of any of the provisions of this ordinance
1435 shall be a misdemeanor punishable by a fine in an amount not
1436 exceeding One Thousand Dollars ($1, 000. 00) or confinement in jail
1437 for a period not exceeding twelve (12) months, either or both.
1438 B. In addition to, and not in lieu of, the penalties
1439 prescribed in subsection (A) hereof, the City may apply to the
1440 Circuit Court for an injunction against the continuing violation
1441 of any of the provisions of this ordinance and may seek any other
1442 remedy authorized by law.
42
1443 C. Upon notice from the City Manager or hi3 dc3igncc that
1444 any activity is being conducted in violation of any of the
1445 provisions of this ordinance, such activity shall immediately be
1446 stopped. An order to stop work shall be in writing and shall
1447 state the nature of the violation and the conditions under which
1448 the activity may be resumed. No such order shall be effective
1449 until it shall have been tendered to the owner of the property
1450 upon which the activity is conducted or his agent or to any
1451 person conducting such activity. Any person who shall continue
1452 an activity ordered to be stopped, except as directed in the
1453 stop-work order, shall be guilty of a violation of this
1454 ordinance.
1455 Section 116. Severability.
1456 The provisions of this ordinance shall be deemed to be
1457 severable, and if any of the provisions hereof are adjudged to be
1458 invalid or unenforceable, the remaining portions of this
1459 ordinance shall remain in full force and effect and their
1460 validity shall remain unimpaired.
1461 Section 117 . Vested Rights.
1462 The provisions of this ordinance shall not affect the vested
1463 rights of any person under existing law.
1464 Section 118. Enforcement.
1465 This ordinance shall be enforced by the City Manager
1466 Dircctor of Public Works or his dcsigncc, who shall exercise all
1467 authority of police officers in the performance of thcir his
1468 duties. Such authority shall include, without limitation, the
1469 authority to issue summonses directing the appearance before a
1470 court of competent jurisdiction of any person alleged to have
1471 violated any of the provisions of this ordinance.
43
1472 Section 119. Effective Date.
1473 This ordinance shall become effective on the first day of
1474 January, 1991; provided, however, that the amendments to this
1475 ordinance made on the 10th day of November, 1992 shall become
1476 effective on the first day of January, 1993 .
1477 Adopted by the Council of the City of Virginia Beach,
1478 Virginia on the 10th day of November , 1992 .
1479 CA-4742
1480 \wmordres\chesbay.orn
1481 R-2
44
- 9 -
Item III-G.1.
PUBLIC HEARINGS ITEM # 36228
Mayor Oberndorf DECLARED PUBLIC HEARINGS:
CAPITAL IMPROVEMENT PROGRAM
(1) Proposed FY 1993 Capital Budget $ 76,065,884
(2) Proposed Six-Year CIP $998,624,331
(3) Proposed Real Property Tax Increase -
5.7 cents per $100 assessed value
effective July 1, 1993
STORM WATER MANAGEMENT/UTILITY FEES
CONTINUATION OF CURRENT TAX RATE - RESTAURANT
MEALS
PROPOSED INCREASE OF HOTEL/LODGING TAX
REPEAL TAX EXEMPTION FOR CERTAIN PARTICIPATORY
SPORTS
GENERAL OBLIGATION BONDS $ 41,300,000
(Various Public Facilities/General Improvements)
The following registered to speak on various issues:
Lisa Guthrie, 1405 Petrell Court, Phone: 422-6088, President - Virginia Beach Education Association,
spoke in SUPPORT of the Capital Improvement Program.
Rae H. LeSesne, 5325 Thornbury Lane, Phone: 497-8008, President - Citizens Action Coalition, in
OPPOSITION to the Storm Water Management Utility, the proposed tax levy on real estate, the
Equivalent Residential Unit Rate and the TGIF.
Terry Elliot, 3888 Dawley Road, Phone: 721-0291, spoke in OPPOSITION to the proposed tax levy on
real estate and the possible future issue of Senate Bill 251 re condemnation of personal property.
David Groth, Vice President - Resort Area Retail Merchants Association and Member of the RAAC,
Phone: 425-1681, spoke in SUPPORT of the TGIF.
Chris Lloyd, 2228 Sandy Woods Lane, Phone: 467-3040, representing McGuire and Associates, spoke
in SUPPORT of retaining Ferrell Parkway VI and VII.
Wylie French, 2213 Windy Pines Road, Phone: 464-4779, represented the School Board Administration,
advised an increase in the School population of 1862 students. There are a total of 74,354 students in
school at the present time.
Mary McGovern, Educational Planning Center - School Administration, advised the area approximately
in 1995-1996 around the Old Courthouse Elementary School would be in need of an elementary school.
Mrs. McGovern outlined the following CIP Projects: 1993 - Corporate Landing Elementary School;
1994 - Ocean Lakes High School, Larkspur Middle School; 1997 - Elementary School; 1998 - Middle
School and High School. This equates to approximately $40-MILLION for Corporate Landing
Elementary School, Ocean Lakes and Larkspur Middle School, $9-MILLION for the Elementary School
and $40-MILLION for the High School and Middle School. With additions, there will be a total
investment of$177-MILLION.
November 24, 1992
- 10 -
Item III-G.1.
PUBLIC HEARINGS ITEM # 36228 (Continued)
Delegate Glenn Croshaw, 10th Floor One Columbus Circle, Phone: 480-6000, represented five (5)
property owners in the Burton Station area, owning a composite of 30 acres. His clients do not wish to
leave Burton Station and request derailing Senate Bill 251.
Issac W. Liverman, 4868 Wyandotte Road, Phone: 499-0675, spoke in OPPOSITION to the proposed
tax levy on real estate, as well as the Participatory Sports Amusement Tax.
Lou Pace, 1908 Hunts Neck Court, Phone: 468-0925, spoke in OPPOSITION to the proposed tax levy
on real estate, and the ERU rate re Storm Water Management Utility and requested all those in
OPPOSITION to stand.
Linda Sala, 5341 Leesburg Drive, Phone: 490-2439, spoke in OPPOSITION to the proposed tax
increases.
Reverend Les Smith, 4957 Providence Road, Phone: 474-2950, spoke in SUPPORT of the Capital
Improvement Program.
Kitty Hudgins, 1801 East Road, Home: 481-4936,, spoke in OPPOSITION to the proposed tax levy on
real estate.
Issac Herbert, 1264 Tim Road, Phone: 464-5849, President - Burton Station Civic League, spoke in
SUPPORT of the Burton Station Plan.
V. J. Opalio, 1640 Baypoint Drive, Phone: 481-9316, spoke in OPPOSITION to the proposed tax
levy on real estate.
Marilyn Danner, 2601 West Landing Road, Phone: 426-7390, spoke in OPPOSITION to the proposed
tax increases.
Linda P. Carrington, 5908 Everlear Avenue, Phone: 460-0779, represented the Burton Station Civic
League. Mrs. Carrington requested cautious use of condemnation.
Beverly Woodhouse, 448 North Oceana Boulevard, Phone: 425-8152, spoke in OPPOSITION to TGIF
Tim Barrow, 1928 Thunderbird Drive, Phone: 481-6154, Member of the Resort Area Advisory
Commission, spoke in SUPPORT of TGIF.
Maurice Jackson, 1125 Ditchley Road, Phone: 428-1470, President - Council of Civic Organizations,
advised the proposed tax increases should be imposed judiciously, if at all in these times of economic
stress.
Charles Traub, III, 784 Glasgow Court, Phone: 340-9056, spoke in OPPOSITION to the proposed tax
increases and requested the exploration of three alternative sources of revenue and/or savings.
Maxine Graham, 3057 Sandpiper Road, Phone: 721-3000, believed the TGIF was a good concept, but
the timing not right. Mrs. Graham spoke in SUPPORT of moving the Sandbridge Sewer Lines forward.
Rosetta Valentine, 5833 Sandpit Road, Phone: 464-0118,, resident of Burton Station. Mrs. Valentine
requested, in writing, assurances of no changes in the Burton Station Plan, after the residents on the
north side have left.
Roger Newill, 1257 East Bayshore Drive, Phone: 425-1624, Chairman of RAAC, spoke in SUPPORT of
TGIF.
Al Strazzulllo, 3126 Sand Pine Road, Phone: 481-0024, represented the Lynnhaven Colony Civic League,
Mr. Strazullo spoke in OPPOSITION to both the full and limited Storm Water Management Utility.
Statement is hereby made a part of the record.
November 24, 1992
- 11 -
Item III-G.1.
PUBLIC HEARINGS ITEM # 36228 (Continued)
Dwight Mitchum, 1604 West Little Neck, Phone: 486-3802, operator of three bowling centers in Virginia
Beach and four in Norfolk and Chesapeake, serving approximately 14,000 league members weekly. Mr.
Mitchum spoke in OPPOSITION to the proposed participatory sports amusement tax.
Maynard Coates, 1701 Pompey Court, Phone: 479-1311, spoke in OPPOSITION to the proposed
participatory sports amusement tax
Bob Jones, 4646 North Witchduck Phone: 490-5010, Chairman of the Hampton Roads Chamber of
Commerce, represented the Legislative Committee Board of Directors with over 1100 members. Mr.Jones
indicated SUPPORT of the efforts to protect the environmental integrity of the waters, but is concerned
with the method of implementation. The Chamber supports the proposed TGIF. Statement and Resolution
of the Chamber is hereby made a part of the record.
Preston Carraway, 504 Bunker Drive, Phone: 497-4696, Secretary of Norfolk Bowling Association
representing 12,000 League Bowlers. Mr. Carraway spoke in OPPOSITION to the proposed
participatory sports amusement tax.
Reba Callis, 1216 Acredale Road, Phone: 495-9609, Secretary of Tidewater Women Bowling Association.
Mrs. Callis spoke in OPPOSITION to the proposed participatory sports amusement tax.
Charles Johnson, 1932 Belspring Court, Phone: 467-9559, Member of the Bowling Congress, Vice
President of a League. Mr. Johnson spoke in OPPOSITION to the proposed participatory sports
amusement tax.
Attorney Carl Eason, 1100 One Columbus Center, Phone: 497-6638, represented Stumpy Lake. Mr.
Eason. Attorney Eason requested City Council study the possible impacts of the proposed participatory
sports amusement tax.
Bobby Vakos, Colonial Inn, 29th and Oceanfront, Phone: 428-5370, Chairman - Resort Council. Mr.
Vakos advised endorsement of TGIF.
Henry Richardson, Comfort Inn, 28th and Pacific, Phone; 428-2203, PresidentlElect and Secretary -
Virginia Beach Hotel/Motel Association. The HotellMotel Association endorses TGIF.
Walter Erb, 150 Cayuga Road, Phone: 497-7451. Mr. Erb spoke in OPPOSITION to the Storm Water
Management Fee.
Nancy Marchman, 2581 Sandpiper Road. Mrs. Marchman spoke in OPPOSITION to the proposed tax
levy on real estate and spoke in SUPPORT of the Storm Water Utility, but requested Sandbridge be
placed as a priority.
Michael Barrett, 2101 Parks Avenue #600, Phone: 422-1568,, represented the Storm Water Management
Group who reviewed the utility. Mr. Barrett submitted recommendations concerning the proposal.
Tuck Bowie, 1709 Oxen Court, Phone: 481-2741, Chairman of the Virginia Beach Municipal Affairs
Committee - TBA. Mr. Bowie distributed a Resolution of TBA. The TBA did not agree with the Storm
Water Management Utility and requested only funding those projects that are mandated by the Federal
regulations.
Ray Stumpf 501 South Gladstone Drive, Phone: 498-8478, resident of Windsor Woods. Mr. Stumpf spoke
in SUPPORT of the full Storm Water Management program. Mr. Stumpf's main investment is flooded by
storm water backup after only a short period of time.
November 24, 1992
- 12 -
Item III-G.1.
PUBLIC HEARINGS ITEM #36228 (Continued)
E. George Minns, President - NAACP, Post Office Box 4548, Phone: 463-3758. Mr. Minns advised
Virginia Beach should be for the Virginia Beach family. The City should not be in the development
business.
Attorney Bernard Holmes, 1201 Lake James Drive, Phone: 424-1909, expressed concern relative
continuing need to raise taxes. Attorney Holmes expressed concern relative the minority community.
Ernest L. Benson, 2945 Queen City Road, spoke in OPPOSITION to the proposed tax levy on real estate
There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 24, 1992
- 13 -
Item III-G.2.
PUBLIC HEARINGS ITEM # 36229
Mayor Oberndorf DECLARED A PUBLIC HEARING:
OPERATING BUDGET FY 1991-1992 $18,329,570
Carry-over Purchases Not Delivered.
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 24, 1992
- 14 -
Item III-H.1.
ORDINANCES ITEM # 36230
A motion was made by Vice Mayor Sessoms, seconded by Councilman Baum to APPROVE an Ordinance,
upon FIRST READING, FY 1992-1993/FY 1997-1998 Capital Improvement Program; and,
APPROPRIATE $78,215,805 for the FY 1992-1993 Capital Budget, subject to funds being provided from
various sources set forth herein.
A motion was made by Councilman Dean to DEFER an Ordinance, upon FIRST READING, FY 1992-
1993/FY1997-1998 Capital Improvement Program;and,APPROPRIATE $78,215,805 for the FY1992-
1993 Capital Budget, subject to funds being provided from various sources set forth herein.
There being no second, the MOTION was WITHDRAWN.
Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council APPROVED, upon
FIRST READING:
Ordinance FY 1992-1993/FY 1997-1998 Capital Improvement
Program; and, APPROPRIATE $78,215,805 for the FY 1992-1993
Capital Budget, subject to funds being provided from various sources set
forth herein.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean,* Louis R. Jones, Paul J. Lanteigne, John
D. Moss,** Mayor Meyera E. Oberndorf, Nancy K. Parker*** and Vice
Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman Dean registered a Verbal Nay vote on CIP Projects 2-019, 2-133, 2-156, 2-209 and 2-
930
**Councilman Moss registered a Verbal Nay vote on CIP Projects 3-977, 3-994, 3-995, 3-996, and
3-947.
***Councilman Moss DISCLOSED pursuant to Section 2.1-639.14(G) of the Code of Virginia, his wife
was currently employed by the City of Virginia Beach School Board as a teacher earning an annual salary
in excess of$10,000. Councilman Moss declared he was able to participate in the transaction fairly,
objectively and in the public interest. Councilman Moss's letter of July 14, 1992, is hereby made a part
of the record.
Council Lady Parker registered a Verbal Nay vote on CIP Projects 3-977, 3994, 3-995, 3-996, and 3-
947 and Courthouse Loop Phase II.
November 24, 1992
1 AN ORDINANCE TO ADOPT THE
2 FY 1992-93/FY 1997-98 CAPITAL
3 IMPROVEMENT PROGRAM AND TO APPROPRIATE
4 $78,215,805 FOR THE FY 1992-93
5 CAPITAL BUDGET SUBJECT TO FUNDS BEING
6 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN
7 WHEREAS, the City Manager, on September 8, 1992, presented to City Council the
8 Capital Improvement Program for fiscal years 1992-93 through 1997-98,
9 WHEREAS, City Council held public hearings on the program to provide for public
10 comment,
11 WHEREAS, based on public comment, City Council has determined the need for certain
12 projects in the Capital Improvement Program,
13 WHEREAS, it is necessary to appropriate funds for the projects underway or beginning
14 in the 1992-93 fiscal year as set forth in said Capital Improvement Program.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
16 BEACH, VIRGINIA:
17 Section 1: That the program, as modified, for the construction of, or addition to capital
18 facilities identified for fiscal years 1992-93 through 1997-98 is hereby adopted and that projects listed
19 herein are approved as capital projects.
20 Section 2: That the projects shall be financed from funds to be appropriated periodically
21 by City Council, and until funds are so provided, the projects are for planning purposes only and may be
22 deleted, altered, or rescheduled in any manner at any time by City Council.
23 Section 3: That funds in the amounts aggregating $78,215,805 for capital projects
24 underway or beginning in the 1992-93 fiscal year as set forth in said Capital Improvement Program are
25 hereby appropriated, subject to the conditions set forth, as follows:
26 CAPITAL PROJECT APPROPRIATION
27 SCHOOL PROJECTS:
28 1-005 First Colonial High School Modernization $ 3,765,000
29 1-010 Ocean Lakes High School 21,206,632
30 1-053 West Kempsville Area Middle School 15,163,600
31 1-980 Corporate Landing Elementary School 410,000
32 TOTAL SCHOOL PROJECTS $ 40,545,232
33 ROADWAY PROJECTS:
34 2-019 Indian Lakes Boulevard - Phase I $ 245,693
35 2-021 Rural Road Improvements 300,000
36 2-084 Military Highway 105,188
37 2-132 London Bridge Road Extended 34,509
38 ROADWAY PROJECTS: (concluded)
39 2-133 Shore Drive Intersection $ 42,075
40 2-137 Great Neck Road - Phase IV and
41 London Bridge Road - Phase III 105,188
42 2-138 Wesleyan Drive 21,038
43 2-140 London Bridge Road - Phase II 52,594
44 2-149 Birdneck Road - Phase II 63,113
45 2-156 Laskin Road - Phase I 126,225
46 2-173 Bow Creek Bridge 384,462
47 2-174 Dozier's Bridge 1,065,564
48 2-209 Courthouse Loop - Phase II 31,556
49 2-211 Secondary Street Improvements 520,391
50 2-212 Laskin Road and Holly Intersection 185,131
51 2-213 Queen City Street Improvements 210,376
52 2-816 Traffic Safety Improvements 763,909
53 2-837 Various Cost Participation Projects 78,891
54 2-930 Salem Road 31,556
55 2-987 Independence Boulevard - Phase IV-A 3,231,009
56 TOTAL ROADWAY PROJECTS $ 7,598,468
57 ECONOMIC AND TOURISM DEVELOPMENT PROJECTS:
58 2-049 Resort Streetscape Improvements $ 2,544,871
59 2-066 Oceanfront Connector Parks 700,000
60 2-141 Economic Development Investment Program 300,000
61 2-198 Burton Station (Partial) 3,091,308
62 2-199 Conference/Convention Facility 400,000
63 2-214 24th Street Park 1,000,000
64 3-002 Marine Science Museum Expansion 1,000,000
65 TOTAL ECONOMIC AND TOURISM DEVELOPMENT PROJECTS $ 9,036,179
66 COASTAL PROJECTS:
67 2-014 Lynnhaven Inlet Maintenance Dredging $ 64,161
68 2-197 Pleasure House Creek Boat Ramp 100,000
69 2-830 Rudee Inlet Dredging 68,929
70 3-933 Landfill #2 - Expansion 10,509,226
71 TOTAL COASTAL PROJECTS $ 10,742,316
72 BUILDING PROJECTS:
73 3-005 Underground Storage Tanks - City $ 740,000
74 3-016 Beach Borough Service Center 100,000
75 3-107 Beach Borough Service Center 400,000
76 3-974 General Booth Area Library 440,571
77 3-976 Fire Training Center Enhancements 320,000
78 3-977 Judicial Center 800,000
79 3-992 Pendleton Child Service Center Relocation 57,500
80 3-994 District Court Building Renovation 1,733,590
81 3-995 Circuit Court Clerks Office Renovation 509,380
82 3-996 Circuit Courtrooms Renovation 882,571
83 3-018 Fire/Rescue Station - Creeds •
100,000
84 3-968 Fire/Rescue Station - General Booth 700,000
85 TOTAL BUILDING PROJECTS $ 6,783,612
86 PARKS AND RECREATION PROJECTS:
87 4-949 District/Community Park Development and Renovations $ 539,000
88 4-950 Neighborhood Park Improvement - Backlog Reduction 400,000
89 4-951 Neighborhood/Community Park Acquisition Development -
90 High Priority Deficit Area 109,000
91 4-953 Municipal Golf Course Improvements 362,000
92 4-954 Tennis Court Renovations 50,000
93 4-955 Athletic Fields Upgrading and Lighting 50,000
94 TOTAL PARKS AND RECREATION PROJECTS $ 1,510,000
95 TOTAL GENERAL IMPROVEMENT PROJECTS $ 76,215,805
96 WATER UTILITY PROJECTS:
97 5-068 Comprehensive Water Study - Phase II $ 100,000
98 5-069 Small Line Improvements - Phase II 350,000
99 5-070 Various Highway Projects - Phase II 100,000
100 5-071 Water Request and Agreement Projects - Phase II 350,000
101 5-114 London Bridge Road - Phase II 27,000
102 TOTAL WATER UTILITY PROJECTS $ 927,000
103 SEWER UTILITY PROJECTS:
104 6-015 Infiltration, Inflow, and Rehabilitation - Phase II $ 550,000
105 6-017 Various Highway Projects - Phase II 100,000
106 6-018 Various Sewer Projects - Phase II 373,000
107 6-939 Comprehensive Sewer Study 50,000
108 TOTAL SEWER UTILITY PROJECTS $ 1,073,000
109 TOTAL WATER AND SEWER UTILITY PROJECTS $ 2,000,000
110 TOTAL APPROPRIATIONS $ 78,215,805
111 To be funded from the following sources:
112 General Appropriations $ 6,559,637
113 1991 Charter Bonds 10,000,000
114 1992 Charter Bonds 41,199,922
115 Water and Sewer Fund 2,000,000
116 Federal Contribution 2,777,460
117 Certificates of Participation - Interest 800,000
118 State Contribution 3,820,000
119 Southeastern Public Service Authority 10,509,226
120 Other 549,560
121 TOTAL $ 78,215,805
122 Amounts appropriated above amend any 1992-93 fiscal year allocations previously
123 authorized in the FY 1992-93 Operating Budget adopted by the City Council on May 12, 1992.
124 Section 4. That the Resort Program Capital Project Fund shall be used for the purpose
125 of accounting for the revenues, appropriations, expenditures, and encumbrances associated with the
126 resort area capital improvement program.
127 Section 5. That capital project funds appropriated in prior fiscal years are to be
128 adjusted in accordance with said Capital Improvement Program and reallocated as follows:
129 SCHOOL PROJECTS:
130 TRANSFER TO:
131 1-992 Various Schools Reroofing - Phase IV $ 7,500
132 TOTAL TRANSFERS TO $ 7,500
133 TRANSFER FROM:
134 1-978 CDC Sewer Pump Station Renovation $ 7,500
135 TOTAL TRANSFERS FROM $ 7,500
136 ROADWAYS, COASTAL, ECONOMIC/TOURISM PROJECTS:
137 TRANSFER TO:
138 2-037 Landstown Road $ 440,185
139 2-040 West Neck Bridge 53,885
140 ROADWAYS, COASTAL, ECONOMIC/TOURISM PROJECTS: (concluded)
141 TRANSFER TO: (concluded)
142 2-049 Resort Streetscape Improvements $ 32,859
143 2-055 London Bridge Road - Phase I 1,062,256
144 2-078 Courthouse Loop - Phase I 272,054
145 2-080 Indian River Road - Phase V 80,000
146 2-081 TCC Offsite Access Improvements 4,952
147 2-095 Indian River Road - Phase VI 500,000
148 2-122 Gum Swamp Bridge 290,000
149 2-129 Elbow Road Bridge 8,534
150 2-167 Lynnhaven Parkway - Phase XI 50,503
151 2-169 Rosemont Road Widening 410,081
152 2-173 Bow Creek Bridge 100,000
153 2-174 Dozier's Bridge 100,000
154 2-211 Secondary Street Improvements 12,490
155 2-212 Laskin Road and Holly Intersection 30,000
156 2-305 Ferrell Parkway - Phase II 229,308
157 2-810 Centerville Turnpike - Phase IA 260,702
158 2-816 Traffic Safety Improvements 208,096
159 2-831 Independence Boulevard - Phase III 140,920
160 2-903 Rudee Inlet Bridge 568
161 2-984 Seatack Streets - Phase IIB 224,134
162 2-987 Independence Boulevard - Phase IVA 1,443,006
163 3-018 Fire/Rescue Station - Creeds 300,000
164 3-968 Fire/Rescue Station - General Booth 500,000
165 3-992 Pendleton Relocation 87,500
166 TOTAL TRANSFERS TO: $ 6,842,033
167 TRANSFER FROM:
168 2-006 Baxter Road Widening $ 51,272
169 2-007 Constitution Drive - Phase I 248,003
170 2-019 Indian Lakes Boulevard - Phase I 500,000
171 2-036 Roadway Advanced Land Acquisition 497,306
172 2-041 South Plaza Trail Bridge 11,363
173 2-061 Lynnhaven Parkway- Phase VII 58,907
174 2-063 Ferrell Parkway - Phase IC 31,204
175 2-064 Independence Boulevard - Phase IIA 17,190
176 2-065 Indian River Road - Phase IV 185,594
177 2-067 Resort Streetscape Demonstration Project 32,859
178 2-070 Northampton Boulevard - Phase Il 160,344
179 2-071 Dam Neck Road - Phase Il 100,000
180 2-074 CIP Implementation Plan 2,202,347
181 2-075 Rosemont Road - Phase IV 36,844
182 2-082 Independence Boulevard - Phase IIA 5,350
183 2-086 South Plaza Trail 83,839
184 2-091 South Independence Boulevard 901,954
185 2-092 Northampton Boulevard - Phase IIA 51,622
186 2-096 Ferrell Parkway - Phase V 1,682
187 2-119 Princess Anne Road at Post Office 1,749
188 2-121 Roadway Impact Reduction Program 27,813
189 2-134 Flanagan's Lane 40,495
190 2-410 Great Neck Road - Phase II 59,130
191 2-412 Virginia Beach Boulevard - Phase I 145,798
192 2-600 Virginia Beach Boulevard - Phase II 13,882
193 2-820 Princess Anne Road - Phase III 98,565
194 2-837 Various Cost Participation Projects 10,000
195 2-901 Holland Road - Phase IV 104,547
196 2-910 General Booth Boulevard - Phase II 650,000
197 2-962 Pungo Ferry Road Bridge 96,373
198 2-925 Northampton Boulevard - Phase I 194,758
199 2-935 Lynnhaven Parkway - Phase V 19,163
200 2-941 Kempsville Road - Phase III 20,915
201 2-943 Queen City 870
202 2-953 Beggars Road Bridge 4,737
203 2-979 Burton Station Streets - Phase I 10,164
204 2-983 Reedtown Streets 63
205 2-988 Computer Traffic Signal System 47,724
206 2-989 Rosemont Road - Phase III 97,607
207 CDBG Project Contingency Fund 20,000
208 TOTAL TRANSFERS FROM $ 6,842,033
209 BUILDING PROJECTS:
210 TRANSFER TO:
211 3-994 District Court Building Renovation $ 249,450
212 3-995 Circuit Court Clerk Office Renovation 166,060
213 3-996 Circuit Courtroom 142,938
214 TOTAL TRANSFERS TO $ 558,448
215 TRANSFER FROM:
216 3-910 Kempsville Public Safety/Library $ 313,873
217 3-912 Stumpy Lake Fire Station Number 21 8,779
218 3-965 Municipal Center Site Acquisition 126,432
219 3-980 Farmers' Market Parking 35,630
220 3-983 North Landing Parking Lot 854
221 3-987 Pendleton/Courthouse School Building 753
222 3-988 Pungo/Blackwater Library/Police Station 2,104
223 3-993 Dome Safety Improvements 70,023
224 TOTAL TRANSFERS FROM $ 558,448
225 PARKS AND RECREATION PROJECTS:
226 TRANSFER TO:
227 4-956 Owl Creek Boat Ramp $ 125,000
228 4-949 Dis/Comm. Park Development and Renovation 600,000
229 TOTAL TRANSFERS TO: $ 725,000
230 TRANSFERS FROM:
231 4-939 Neighborhood Park Acquisition/Development $ 125,000
232 4-947 Park Reservation Acquisition/Development 600,000
233 TOTAL TRANSFERS FROM: $ . 725,000
234 WATER AND SEWER UTILITY PROJECTS:
235 TRANSFER TO:
236 5-005 North London Bridge Road $ 50,000
237 5-118 Computerized Mapping Program 450,000
238 5-119 Flow Monitoring Program 250,000
239 5-120 Military Highway 200,000
240 5-121 Princess Anne Road - Phase V 100,000
241 5-070 Various Highway Projects - Phase II 100,000
242 5-073 Indian River Road - Phase V 40,000
243 5-090 Lynnhaven Parkway - Phase XI 35,000
244 5-117 Mapping Computer System-Update 334,536
245 5-711 Centerville Turnpike 100,000
246 5-944 Ferrell Parkway- Phase Il 200,000
247 6-006 Grayson/Bonney Road 295,000
248 6-008 Dozier's Bridge 600,000
249 6-010 Red Tide Road 170,000
250 6-017 Various Highway Projects - Phase II 100,000
251 6-044 Terrace Avenue/14th and Parks 570,000
252 6-045 International Parkway 300,000
253 6-046 Computerized Mapping 450,000
254 6-925 Atlantic Avenue 100,000
255 6-937 Aragona Rehabilitation 600,000
256 6-938 Princess Anne Plaza Rehabilitation 400,000
257 6-941 Laurel Manor/Dogwood Acres 1,123,000
258 6-944 Princess Anne Road 1,995,000
259 6-947 Homestead 200,000
260 6-949 Reon Drive 1,000,000
261 6-971 North London Bridge Force Main 200,000
262 6-975 Deerwood Trace Force Main 13,000
263 6-994 Ashmore Drive 146,000
264 6-997 Whitehurst Landing "A" 170,000
265 TOTAL TRANSFERS TO $ 10,291,536
266 WATER AND SEWER UTILITY PROJECTS: (concluded)
267 TRANSFER FROM:
268 5-021 Lakeview Park $ 298,198
269 5-025 Alanton 28,994
270 5-030 River Road 86,739
271 5-036 Ferrell Pkwy Ph IC 14,822
272 5-037 Indian River Rd - Phase IV 159,232
273 5-039 Broad Bay Colony 20,031
274 5-048 Lynnwood/Michaelwood -51% 300,000
275 5-061 Northampton Boulevard - Ph I 130,898
276 5-063 Birdneck Pump Station 54,131
277 5-069 Small Line Improvements - Phase II 600,000
278 5-071 Water Reequest and Agreement Projects - Phase II 1,000,000
279 5-713 Landstown Suction 400,000
280 5-820 Plaza Park Tank 226,696
281 5-921 London Bridge Road - Phase I 300,000
282 5-962 Burton Station 337,587
283 5-966 Atlantic Avenue Improvements 500,000
284 5-971 Lynnhaven Parkway - Phase VII 14,472
285 5-977 Kempsville P.S. Modifications 23,178
286 5-990 Virginia Beach Boulevard - Phase II 200,000
287 5-996 Dam Neck Road - Phase I 400,000
288 6-016 Pump Station Modifications 500,000
289 6-018 Various Sewer Projects - Phase II 1,000,000
290 6-922 Burton Station 972,386
291 6-928 Cavalier Park/North Linkhorn 607,000
292 6-932 Lakeview Park 341,898
293 6-934 Bay Colony 274,000
294 6-935 Broad Bay Colony 500,000
295 6-948 Lynnwood/Michaelwood 700,000
296 6-970 Virginia Beach Boulevard - Phase III 178,010
297 6-978 Indian River Road - Phase IV 45,524
298 6-990 Holland Utilities 77,740
299 TOTAL TRANSFERS FROM $ 10,291,536
300 Section 6. That additional appropriations and the addition of capital projects shall not
301 be initiated except with the consent and approval of the City Council first being obtained.
302 Section 7. That the restriction with respect to the expenditure of funds appropriated
303 shall apply only to the totals of each project class.
304 All contracts awarded for approved and appropriated capital projects, exclusive of
305 school projects, must be certified as to the availability of funds by the Director of Finance prior to the
306 initiation of work on the contract.
307 Section 8. That the Capital Improvement Program debt management policies contained
308 and included in the C.I.P. Policies and Process Section of the Capital Improvement Program document
309 shall be the policy guidelines of the city and that the City Manager shall annually report on the status of
310 those guidelines and the projected impact of the proposed Capital Improvement Program on those
311 guidelines, such information to be included in the Capital Improvement Program submittal. The City
312 Manager may propose modifications to those policies and guidelines through the Capital Improvement
313 Program.
314 Section 9. That this ordinance shall be in effect from and after the date of its adoption.
315 Section 10. That if any part or parts, section or sections, sentences, clauses, phrases of
316 this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect
317 the validity of the remaining portions of this ordinance.
318 Adopted by the Council of the City of Virginia Beach, Virginia on the day of
319 , 1992.
APPRO,.. : • C•NIcivi
320 First Reading: November 24, 1992 .„,,e//////4/1111161111 �
1111
SI ATURE
321 Second Reading: M
DEPARTMENT
APPROVED AS TO LEGAL
•
SUFFICIENCY AND FORM
CITY ATI"7'
— 15 —
Item III—H.2.
ORDINANCES ITEM #36231
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED:
Ordinance establishing the tax levy on real estate for Fiscal Year 1994.
5.7 cents per $100 assessed value
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Louis R. Jones, Paul J. Lanteigne, , Mayor Meyera E.
Oberndorf and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss and Nancy K Parker
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE ESTABLISHING THE TAX LEVY
2 ON REAL ESTATE FOR TAX FISCAL YEAR 1994
3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
4 Section 1. AMOUNT OF LEVY ON REAL ESTATE.
5 There shall be levied and collected for fiscal year 1994 taxes for general purposes on all real estate,
6 not exempt from taxation and not otherwise provided for in this Ordinance, at the rate of one dollar and +n+ae
7 sante fourteen and seven-tenths cents ($449 $1.147) on each one hundred dollars ($100) of assessed
8 valuation thereof. The real property tax rates which have been prescribed in this section shall be applied on
9 the basis of one hundred percentum of the fair market value of such real property except for public service
10 real property which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia, as
11 amended.
12 Section 2. AMOUNT OF LEVY ON "CERTIFIED POLLUTION CONTROL EQUIPMENT AND
13 FACILITIES" CLASSIFIED AS REAL ESTATE.
14 In accordance with Section 58.1-3660 (A) of the Code of Virginia (1950), as amended, there shall be
15 levied and collected for general purposes for fiscal year 1994, taxes on all real estate certified by the
16 Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities" not exempt from taxation,
17 at the rate of one dollar and Pine-lents fourteen and seven-tenths cents ($1.00 $1.147) on each one hundred
18 dollars ($100) of assessed valuation thereof. The real property tax rates imposed in this section shall be
19 applied on the basis of one hundred percentum of fair market value of such real property.
20 Section 3. CONSTITUTIONALITY.
21 That if any part or parts, section or sections, sentences, clause, or phrase of this Ordinance is for any
22 reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
23 portion of this Ordinance.
24 Section 4. EFFECTIVE DATE.
25 This Ordinance shall be in effect from and after the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia, on the 24th day of November, 1992.
- 16 -
Item III-H.3.
ORDINANCES ITEM # 36232
Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council APPROVED,
upon FIRST READING:
Ordinance to AMEND and REORDAIN the Code of the City of Virginia
Beach, Virginia, by ADDING Chapter 39 re Storm Water Management
Utility.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Louis R. Jones, Paul J. Lanteigne, and Kee Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE TO AMEND AND REORDAIN THE CODE OF
2 THE CITY OF VIRGINIA BEACH, VIRGINIA, BY THE
3 ADDITION OF CHAPTER 39 PROVIDING FOR A STORM
4 WATER MANAGEMENT UTILITY
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
6 VIRGINIA BEACH, VIRGINIA:
7 That the Code of the City -of Virginia Beach be, and
8 hereby is, amended and reordained by the addition of Chapter 39, to
9 be titled the Storm Water Management Utility, which shall read as
10 follows:
11 CHAPTER 39
12 STORM WATER MANAGEMENT UTILITY
13 Section 39-1. Findings and Determinations.
14 (a) The City of Virginia Beach has a unique topography which
15 has required development and maintenance of a system of man-made
16 and natural components of a storm water management infrastructure
17 to both limit and manage the volume of storm water to control flood
18 events and to prevent degradation of the City's waterways through
19 storm water quality management.
20 (b) Storm water run-off is associated with all improved
21 properties in the City, whether residential or non-residential and
22 the individual property impacts of run-off are correlated to the
23 amount of impervious surface on the property and land-disturbing
24 activities on property.
25 (c) The elements of the storm water management infrastructure
26 provide benefit and service to all properties within the City
27 through direct protection of property and through control of
28 flooding of critical components of the infrastructure and through
29 protection of the City's natural environment.
30 (d) The costs of monitoring, operating, maintaining, and
31 constructing the storm water system required in the City, both to
32 meet new regulations and to address identified flood event needs,
33 should therefore be allocated, to the extent practicable, to all
34 property owners based on their impact on the storm water management
35 system.
36 Section 39-2. Definitions.
37 The following words and terms used in this section shall have
38 the following meanings:
39 1a) Equivalent Residential Unit or ERU means the equivalent
40 impervious area of a single family residential developed property
41 per dwelling unit located within the City based on the statistical
42 average horizontal impervious area of a single family residence in
43 the City. An Equivalent Residential Unit (ERU) equals 2 , 269 square
44 feet of impervious surface area.
45 fib) ERU Rate means the Utility fee charged on an Equivalent
46 Residential Unit as established by Council ordinance.
47 (c) Developed ro erty_ means real property which has been
48 altered from its "natural" state by the addition of any
49 improvements such as buildings, structures, and other impervious
50 surfaces. For new construction, property shall be considered
51 developed pursuant to this Section upon: (a) Certification of the
52 final plumbing permit inspection; or (b) Certification of the final
53 building permit inspection for those facilities not requiring a
54 plumbing permit.
55 (d) Impervious surface area means a surface which is
56 compacted or covered with material that is highly resistant to
57 infiltration by water, including, but not limited to, most
58 conventionally surfaced streets, roofs, sidewalks, parking lots,
59 and other similar structures.
60 (e) Develo•ed Residential •ro.ert means a developed lot or
61 parcel containing at least one but no more than four residences or
62 dwelling units, and accessory uses related to but subordinate to
63 the purpose of providing permanent dwelling facilities. Such
2
64 property shall include houses, duplexes, triplexes, quadroplexes,
65 townhouses and mobile homes.
66 (f) Developed Multi-Family Residential property means
67 developed property containing more than four residences or dwelling
68 units, and accessory uses related to but subordinate to the purpose
69 of providing permanent dwelling facilities. Such property shall
70 include apartments and condominiums.
71 (g) Develo•ed Non-residential •ro.ert means developed
72 property which does not serve a primary purpose of providing
73 permanent dwelling units. Such property shall include, but not be
74 limited to commercial properties, industrial properties, parking
75 lots, recreational and cultural facilities, hotels, offices and
76 churches.
77 (h) Revenues mean all rates, fees, assessments, rentals or
78 other charges or other income received by the Utility, in
79 connection with the management and operation of the system,
80 including amounts received from the investment or deposit of moneys
81 in any fund or account and any amounts contributed by the City,
82 fees-in-lieu-of provided by developers or individual residents, and
83 the proceeds from sale of Utility bonds.
84 ,(i) Storm water Mana•ement S stem or System means the storm
85 water management infrastructure and equipment of the City and all
86 improvements thereto for storm water control in the City.
87 Infrastructure and equipment shall include structural and natural
88 storm water control systems of all types including, without
89 limitation, retention basins, sewers, conduits, pipelines, pumping
90 and ventilation stations, and other plants, structures, and real
91 and personal property used for support of the system.
92 (j ) Storm Water Mana•ement Utilit or Utility means the
93 enterprise fund created by this section to operate, maintain and
94 improve the City's storm water management system.
95 (k) Undeveloped property_ means any parcel which has not been
96 altered from its natural state to disturb or alter the topography
97 or soils on the property in a manner which substantially reduces
98 the rate of infiltration of storm water into the earth.
3
99 (1) Utility Fees means the monthly service charges based upon
100 the ERU Rate applied to property owners of Developed Residential
101 Property, Developed Multi-Family Residential Property and Developed
102 Non-Residential Property, all as more fully described in Section
103 39-4 .
104 Section 39-3 . Establishment of Storm water Mana•ement Utilit .
105 (a) The Storm water Management Utility is established to
106 provide for the general welfare, health, and safety of the City and
107 its residents.
108 (b) The Utility shall deposit in a separate ledger account
109 all revenues collected pursuant to this Ordinance. The funds
110 deposited shall be used exclusively to provide services and
111 facilities related to the storm water management system. The
112 deposited revenues shall be used for the following:
113 (1) Acquisition of real or personal property, and
114 interest therein necessary to construct, operate and maintain storm
115 water control facilities;
116 (2) The cost of administration of such programs, to
117 include the establishment of reasonable operating and capital
118 reserves to meet unanticipated or emergency requirements of the
119 Utility;
120 (3) Engineering and design, debt retirement,
121 construction costs for new facilities and enlargement or
122 improvement of existing facilities;
123 (4) Facility maintenance;
124 (5) Monitoring of storm water control devices; and
125 (6) Pollution control and abatement, consistent with
126 state and federal regulations for water pollution control and
127 abatement.
128 Section 39-4 . Im•osition of Utilit Fees.
129 Adequate revenues shall be generated to provide for a balanced
130 operating and capital improvement budget for maintenance of the
131 Storm water Management System by setting sufficient levels of
132 Utility Fees. Income from Utility Fees shall not exceed actual
4
133 costs incurred in providing the services and facilities described
134 in Section 39-3 . Effective July 1, 1993 , Utility Fees shall be
135 charged to owners of all developed property in the City.
136 (a) For purposes of determining the Utility Fee, all
137 properties in the City are classified into one of the following
138 classes:
139 _(1) Developed Residential Property;
140 (2) Developed Multi-Family Residential Property;
141 (3) Developed Non-Residential Property; or
142 (4) Undeveloped Property.
143 (b) The monthly Utility Fee for Developed Residential
144 Property shall equal the ERU Rate. Provided, however, where more
145 than one residence or dwelling unit is located on a single lot or
146 parcel the owner of the lot or parcel shall be charged a Utility
147 Fee which is equal to the ERU Rate multiplied by the number of
148 residences or dwelling units located on the lot or parcel.
149 (c) The monthly Utility Fee for Developed Multi-Family
150 Residential Property shall be the ERU Rate multiplied by the
151 numerical factor obtained by dividing the total impervious surface
152 area of a Developed Multi-Family Residential Property by one ERU
153 (2 , 269) . The numbered factor will be rounded to the nearest tenth
154 (0. 1) of a unit.
155 _(d) The monthly Utility Fee for Developed Non-Residential
156 Property shall be the ERU Rate multiplied by the numerical factor
157 obtained by dividing the total impervious surface area of a
158 Developed Non-Residential Property by one ERU (2 , 269) . The
159 numbered factor will be rounded to the nearest tenth (0. 1) of a
160 unit. The minimum Utility Fee for any Developed Non-Residential
161 Property shall equal the ERU rate.
162 (e) The Utility Fee for vacant developed property, both
163 residential and non-residential, shall be the same as that for
164 occupied property of the same class.
165 (f) Undeveloped Property shall be exempt from the Utility
166 Fee.
5
167 Section 39-5. Billing and Payment, Interest, Liens.
168 The Utility Fee is to be paid by the owner of each lot or
169 parcel subject to the Utility Fee. Utility Fees for condominium
170 units shall be charged to the condominium association. All
171 properties, except Undeveloped Property, shall be rendered bills or
172 statements for storm water services by the Department of Public
173 Utilities. The bills or statements shall include a date by which
174 payment shall be due. All bills or statements shall be mailed at
175 least thirty (30) days prior to the payment due date stated
176 thereon. Payments received after the due date of the bill shall be
177 subject to interest at a rate established by ordinance of the City
178 Council.
179 (a) Billing for the Utility Fee shall be rendered on a
180 quarterly basis, in advance, to all chargeable property owners and
181 shall represent charges for each month of the succeeding quarter of
182 storm water service, and any unpaid balances and interest on an
183 account.
184 _(b) Any bill which has not been paid by the due date shall be
185 deemed delinquent and the account shall be collected by the
186 Department of Public Utilities. All payments and interest due may
187 be recovered by action at law or suit in equity. Unpaid fees and
188 interest accrued shall constitute a lien against the property,
189 ranking on a parity with liens for unpaid taxes.
190 1c) In the event charges are not paid when due, interest
191 thereon shall commence on the due date and accrue at the rate
192 established by Ordinance of the City Council until such time as the
193 overdue payment and interest is paid.
194 (d) When Developed properties are brought into the Utility,
195 fees will accrue commencing with the release of the final plumbing
196 inspection for the property. In the absence of a plumbing
197 inspection, Utility Fees will accrue commencing with release of the
198 final building inspection for the property. A bill will be issued
199 in the next billing cycle and will be prorated for the number of
200 full months in which service was provided.
6
201 (e) In the event of alterations or additions to Developed
202 Multi-Family property or Developed Non-residential property which
203 alter the amount of impervious surface area, the Utility Fees will
204 be adjusted upon release of the final plumbing inspection. In the
205 absence of a plumbing inspection, Utility Fees will be adjusted
206 upon release of the final building inspection. A bill will be
207 issued in the next billing cycle and will be prorated for the
208 number of full months in which service was provided.
209 Section 39-6. Adjustment of Fees, Exemptions.
210 (a) Full waiver of the Utility Fee shall be provided to
211 properties owned by federal, state, and local government agencies
212 when those agencies own and provide for maintenance of storm
213 drainage and storm water control facilities.
214 Jb) Any owner who has paid his Utility Fees and who believes
215 his Utility Fees to be incorrect may submit an adjustment request
216 to the City Manager or his designee. Adjustment requests shall be
217 made in writing setting forth, in detail, the grounds upon which
218 relief is sought. Response to such adjustment requests, whether
219 providing an adjustment or denying an adjustment, shall be made to
220 the owner by the City Manager or his designee within sixty (60)
221 days of receipt of the request for adjustment.
222 Section 39-7. Severability.
223 The provisions of this ordinance shall be deemed severable,
224 and if any of the provisions hereof are adiudged to be invalid or
225 unenforceable, the remaining portions of this ordinance shall
226 remain in full force and effect and their validity unimpaired.
227 Adopted by the Council of the City of Virginia Beach,
228 Virginia, on this day of , 1992 .
FIRST READING: November 24, 1992
229 CA-91-4466
230 \ordin\proposed\39-001et.pro
231 R-10
232 Date: November 18, 1992
7
- 17 -
Item III-11.4.
ORDINANCES ITEM # 36233
Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED,
upon FIRST READING:
Ordinance establishing the Equivalent Residential Unit (ERU) Rate to
be charged by the City of Virginia Beach, Virginia, re Storm Water
Management Utility.
The ERU Rate shall be $2.74. Interest on unpaid accounts shall be
charged at the rate of New York Prime plus 3% not to exceed 10%.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE TO ESTABLISH THE
2 EQUIVALENT RESIDENTIAL UNIT (ERU)
3 RATE TO BE CHARGED BY THE CITY OF
4 VIRGINIA BEACH, STORM WATER
5 MANAGEMENT UTILITY
6 WHEREAS, by Ordinance, the City council of the City of
7 Virginia Beach, Virginia, established a Storm Water Management
8 Utility ; and
9 WHEREAS, that Ordinance requires the City Council to
10 establish an Equivalent Residential Unit (ERU) rate to be charged
11 for storm water management, as well as the rate of interest to be
12 charged against unpaid accounts; and
13 WHEREAS, the City Manager has recommended to the Council
14 a rate schedule to be established.
15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
16 OF VIRGINIA BEACH, VIRGINIA, that rates to be charged for storm
17 water management per each Equivalent Residential Unit (ERU) shall
18 be $2 . 74 (the ERU Rate) per month, multiplied by the number of
19 dwelling units, for each developed residential property, and that
20 developed multi-family residential property and developed
21 nonresidential property shall be charged the monthly rate of $2 .74
22 (the ERU Rate) multiplied by the number of ERU per parcel.
23 Interest on unpaid accounts shall be charged at the rate of New
24 York Prime plus 3% not to exceed 10%.
25 The foregoing rates shall become effective on and be
26 applied to all property owners in the City commencing July 1, 1993 .
27 ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
28 VIRGINIA, ON THIS DAY OF , 1992 .
FIRST READING: November 24, 1992
29 CA-4467
30 \ordin\noncode\swrates.ord
31 R-4
32 Date: November 17, 1992
- 18 -
Bern III-H.5.
ORDINANCES ITEM #36234
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 35-159 of the Code of
the City of Virginia Beach, Virginia, re taxation (hotel/lodging).
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 35-159 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO TAXATION.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 35-159 of the Code of the City of Virginia Beach,
8 Virginia, is hereby amended and reordained to read as follows:
9 Section 35-159. Levied; amount.
10 There is hereby levied and imposed on each transient a tax
11 equivalent to five (5. 0) five and one-half (5. 5) percent of the
12 total amount paid for lodging, by or for any such transient, to any
13 hotel . This tax rate is effective January 1, 1993 .
14 This tam-- rate, effective May 1, 1991, s- . - - - -
15 until May 1, -993 , at w} h-.- ire it ahall be reduced by one half
16 .
17 The tax rate of four—a- z - -
18
-18 thereafter rema-ij-_acct until Jun- e , e e - - - •
19 :than be redueed-by--ene-half (0. 5) percent-
20 Adopted by the Council of the City of Virginia Beach, Virginia
21 on the 24 day of November
, 1992 .
22 CA-4877
23 \ORDIN\PROPOSED\35-159 .PRO
24 R-2
eft
APPROVED AS TO APPROVE S , 0 'TENT
LEGAL SUFFICIENCY
Ea
Dept.
of Management
and Budget
- 19 -
Item III-11.6.
ORDINANCES ITEM #36235
Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Section 35-137 of the Code of
the City of Virginia Beach, Virginia, re taxation (restaurant meals).
Voting: 10-1
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K. Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 35-137 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO TAXATION.
5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
6 BEACH, VIRGINIA:
7 That Section 35-137 of the Code of the City of Virginia Beach,
8 Virginia, is hereby amended and reordained to read as follows:
1 Section 35-137 . Levied; amount.
2 There is hereby levied and imposed on each person a tax
3 equivalent to four and one-half (4 . 5) percent of the total amount
4 paid for food, by in or from any restaurant, whether prepared in
5 such restaurant or not and whether consumed on the premises or not.
6 The tax shall be computed at a straight four and one-half (4 . 5)
7 percent, any fraction of one-half or more being treated as one cent
8 ($0. 01) .
-
10
11 - - -
12
13 This ordinance shall be effective immediately upon its
14 adoption.
15
16 Adopted by the Council of the City of Virginia Beach, Virginia
17 on the 24 day of November 1992 .
18
19
20
21 CA-4903
22 \ORDIN\PROPOSED\35-137 .PRO
23 R-1
24 PREPARED: November 16, 1992
APPRO ) # 0 02 'ENT
OP
/4"PPOVED AS TO
LEGAL SUFFICIENCY p • E.. •
of Management and Budget
- 20 -
Item III-FL 7.
ORDINANCES ITEM #36236
Upon motion by Councilman Branch, seconded by Councilman Lanteigne, City Council ADOPTED, AS
AMENDED:
Ordinance to AMEND AND REORDAIN Sections 35-181 and 35-
183.1 of the Code of the City of Virginia Beach, Virginia, pertaining to
Amusement Taxation.
This Ordinance will be further clarified with discussions with citizens affected by this Ordinance, before
enactment and brought back to City Council.
Voting: 7-4
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Louis R. Jones, Paul J. Lanteigne, and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
Robert K Dean, John D. Moss, Mayor Meyera E. Oberndorf and Nancy
K Parker
Council Members Absent:
None
November 24, 1992
Requested by Councilmember Linwood O. Branch, III
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTIONS 35-181 AND 35-183 . 1 OF THE
3 CODE OF THE CITY OF VIRGINIA BEACH,
4 VIRGINIA, PERTAINING TO AMUSEMENT
5 TAXATION.
6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That Section 35-181 of the Code of the City of Virginia Beach,
9 Virginia, is hereby amended and reordained by adding in appropriate
10 alphabetical sequence the definition for Sporting Event as follows,
11 and Section 35-183 . 1 of the Code of the City of Virginia Beach,
12 Virginia, is hereby amended and reordained to read as follows:
13 Section 35-181. Definitions.
14 The following words and phrases, when used in this article,
15 shall, for the purposes of this article, have the meanings ascribed
16 to them in this section, except where the context clearly indicates
17 a different meaning:
18 Admission charge. "Admission charge" means the charge made
19 for admission to any amusement or entertainment, exclusive of any
20 federal tax thereon, including a charge made for season tickets, to
21 all clubs and organizations for amusement and entertainment.
22 City treasurer. "City treasurer" means the treasurer of the
23 city and any of his duly authorized deputies and agents.
24 Commissioner of revenue. "Commissioner of revenue" means the
25 commissioner of revenue of the city and any of his duly authorized
26 deputies and agents.
27 Place of amusement or entertainment. "Place of amusement or
28 entertainment" means any place in the city wherein or whereat any
29 of the following, or amusements or entertainments similar to the
30 following, are located, conducted, performed, exhibited and
31 operated: Circuses, carnivals, menageries, amusement parks,
32 moving-picture shows, fairs, shows and exhibitions of all kinds;
33 dances; basketball, football, wrestling, boxing and sports of all
34 kinds; swimming pools, bowling alleys, roller rinks, golf courses,
35 miniature golf, charter boats, drift boats, party boats solely
36 operated within the corporate limits and within one mile into the
37 adjacent waters, and other such things of a similar nature;
38 concerts, theatrical, vaudeville, dramatic, operatic and musical
39 performances and performances similar thereto; lectures, talks,
40 literary readings, and performances similar thereto; such
41 attractions as merry-go-rounds, Ferris wheels, roller coasters,
42 leap-the-dips and the like, and all other public amusements,
43 performances and exhibitions not specifically named herein; and any
44 roof garden, cabaret or other similar place furnishing a public
45 performance for profit, which shall include any room in any hotel,
46 restaurant, hall or other public place where music and dancing
47 privileges or any other entertainment is offered the patron in
48 connection with serving or selling of food, refreshments or
49 merchandise. A performance shall be regarded as being furnished
50 for profit for purposes of this article even though the charge made
51 for admission is not increased by reason of the furnishing of such
52 performance.
53 Special tax auditor. "Special tax auditor" means the special
54 tax auditor of the city and any of his duly authorized deputies and
55 agents.
56 Sporting event. "Sporting event" means organized league and
57 tournament play of a game involving athletic activity pursuant to
58 a set form and body of rules.
59 Section 35-183 . 1. Exception for certain partioipatory sports
60 participating in sporting events.
61 Notwithstanding any other section of this article, there shall
62 be no tax payable on charges made for participating in the
63 following participatory sports: golf courses, tcnni3, bowling,
64 swimming, and roller skating sporting events. However, admission
65 charges for observing these sports sporting events shall be subject
66 to the tax.
2
67 Adopted by the Council of the City of Virginia Beach, Virginia
68 on the 24 day of November , 1992 .
69 CA-4878
70 \ORDIN\PROPOSED\35-181ET.PRO
71 R-3
72 PREPARED: November 24 , 1992
3
- 21 -
Item III-H.8.
ORDINANCES ITEM # 36237
Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED:
Ordinance authorizing the issuance of General Obligation Bonds of the
City of Virginia Beach, Virginia, in the maximum amount of$41,300,000
for various Public Facilities and General Improvements.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF
2 GENERAL OBLIGATION BONDS OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM
4 AMOUNT OF $41,300,000 FOR VARIOUS PUBLIC
5 FACILITIES AND GENERAL IMPROVEMENTS
6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the
7 issuance of general obligation public improvement bonds for various purposes in the maximum amount
8 of$41,300,000, as permitted by the City Charter without submitting the question of their Issuance to the
9 qualified voters:
10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
11 1. It is hereby determined to be necessary and expedient for the City, to construct and
12 improve various public facilities and general improvements, all of which will promote the public welfare of
13 the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the
14 City, and to finance the costs thereof through the borrowing of $41,300,000 and issuing the City's
15 general obligation bonds therefor.
16 2. Pursuant to the City Charter and the Public Finance Act of 1991, there are hereby
17 authorized to be issued public improvement bonds of the City in the maximum amount of$41,300,000,
18 to provide funds, together with other funds that may be available, for following purposes:
19 School projects, including planning, design, $ 40,545,232
20 construction, renovation, expansion, equipping,
21 and furnishing of schools and related facilities.
22 Building projects, including design, planning, 754,768
23 construction, improvements, renovation, expansion,
24 equipping, and furnishing of courts, libraries,
25 storage, and other facilities.
26 TOTAL $ 41,300,000
27 Any amount not needed for one of such purposes may be used for the other of such
28 purposes. The bonds may be issued as a separate issue or combined with bonds authorized for other
29 purposes and sold as part of one or more combined issues of public improvement bonds.
30 3. The bonds shall bear such date or dates, mature at such time or times not exceeding
31 40 years from their dates, bear interest, be in such denominations and form, be executed in such
32 manner and be sold at such time or times and in such manner as the Council may hereafter provide by
33 appropriate resolution or resolutions.
34 4. The bonds shall be general obligations of the City for the payment of principal,
35 premium, if any, and interest on which its full faith and credit shall be irrevocably pledged.
36 5. The City intends to receive reimbursement from proceeds of the sale of the Bonds
37 for costs related to the purposes for which the Bonds are to be issued that are paid by the City prior to
38 the issuance of the Bonds. The City intends that the adoption of this ordinance be considered as
39 "official intent"within the meaning of Treasury Regulations Section 1.103-18 promulgated under the
40 Internal Revenue Code of 1986, as amended.
41 6. The City Clerk is directed to make a copy of this ordinance continuously available for
42 inspection by the general public during normal business hours at the City Clerks office from the date of
43 adoption hereof through the date of the issuance of the Bonds.
44 7. The City Clerk, in collaboration with the City Attorney is authorized and directed to
45 see to the immediate filing of a certified copy of this ordinance with the Circuit Court of the City of
46 Virginia Beach.
47 8. This ordinance shall be in full force and effect from its passage.
48 Adopted by the Council of the City of Virginia Beach, Virginia on the 24 day of
49 November
t992
50 Requires eight affirmative votes for adoption.
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— 22 —
Item III—H.9.
ORDINANCES ITEM #36238
Upon motion by Councilman Brazier, seconded by Councilman Lanteigne, City Council DEFERRED until
the City Council Session of December 8, 1992:
Ordinance to APPROPRIATE $18,329,570 for Fiscal Year 1993 re
payment of purchase orders brought forward from Fiscal Year 1992.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
- 23 -
Item III-H.10.
ORDINANCES ITEM #36239
A motion was made by Councilman Jones, seconded by Councilman Clyburn, to ADOPT an Ordinance
authorizing the City Manager to enter into a contract with BRICKELL &ASSOCIATES on behalf of the
City of Virginia Beach for administration of the public relations accounts of the
Economic Development/Convention and Visitor Development Departments.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
James W Brazier, Jr., Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf and Nancy K Parker
Council Members Absent:
None
November 24, 1992
- 24 -
Item III-II.10.
ORDINANCES ITEM # 36239 (Continued)
Vice Mayor Sessoms PRESIDED over the vote.
Upon motion by Mayor Oberndorf seconded by Councilman Jones; City Council RECONSIDERED:
Ordinance authorizing the City Manager to enter into a contract with
BRICKELL &ASSOCIATES on behalf of the City of Virginia Beach for
administration of the public relations accounts of the
Economic Development/Convention and Visitor Development
Departments.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Louis R.
Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms,
Jr.
Council Members Voting Nay:
James W Brazier, Jr., Robert K. Dean, Paul J. Lanteigne, John D. Moss
and Nancy K Parker
Council Members Absent:
None
November 24, 1992
- 25 -
Item III-H.10.
ORDINANCES ITEM #36239 (Continued)
Upon motion by Councilman Jones, seconded by Councilman Branch, City Council ADOPTED:
Ordinance authorizing the City Manager to enter into a contract with
BRICKELL &ASSOCIATES on behalf of the City of Virginia Beach for
administration of the public relations accounts of the
Economic Development/Convention and Visitor Development
Departments.
Voting: 6-5
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W Clyburn, Louis R.
Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms,
Jr.
Council Members Voting Nay:
James W. Brazier, Jr., Robert K Dean, Paul J. Lanteigne, John D. Moss
and Nancy K Parker
Council Members Absent:
None
November 24, 1992
1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
2 ENTER INTO A CONTRACT ON BEHALF OF THE CITY
3 FOR ADMINISTRATION OF THE PUBLIC RELATIONS
4 ACCOUNTS OF THE DEPARTMENTS OF ECONOMIC
5 DEVELOPMENT AND CONVENTION AND VISITOR
6 DEVELOPMENT
7 WHEREAS, on July 14, 1992, City Council established the
8 Advertising Advisory Review Committee for the purpose of selecting
9 the agency that is the most qualified to administer the Public
10 Relations Accounts of the Departments of Economic Development and
11 Convention and Visitor Development;
12 WHEREAS with guidance and input from the Committee, the
13 City issued a Request for Proposals (RFP) on August 24, 1992, for
14 the selection of an agency to administer the aforementioned
15 accounts;
16 WHEREAS, six (6) agencies submitted proposals in response
17 to the RFP;
18 WHEREAS, the Committee evaluated and ranked the
19 proposals, and chose four (4) agencies for future consideration
20 based on a determination that the four (4) agencies chosen were the
21 most qualified to perform the services outlined in the RFP in a
22 manner most consistent with, and favorable to, the City's needs;
23 WHEREAS, the four (4) top-ranked agencies made
24 presentations to the Committee in an effort to further demonstrate
25 their ability to administer the aforementioned Public Relations
26 Accounts;
27 WHEREAS, based on the written proposals and on the
28 presentations, the Committee determined that the agency of Brickell
29 & Associates provided the best proposal and, therefore, is the most
30 qualified agency to provide the services outlined in the RFP at a
31 level most consistent with, and favorable to, the City's specific
32 needs.
33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
34 OF VIRGINIA BEACH, VIRGINIA:
35 That the City Manager is hereby authorized to enter into
36 a contract, on behalf of the City, with Brickell & Associates to
37 administer the Public Relations Accounts of the Departments of
38 Economic Development and Convention and Visitor Development.
39 Adopted by the Council of the City of Virginia Beach,
40 Virginia, on the 24 day of November , 1992 .
41 CA-4893
42 ORDIN\NONCODE\PUBREL.ORD
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PolicyReport
ADVERTISING AGENCY SELECTION COMMITTEE RECOMMENDATION
BACKGROUND
The Virginia Beach Department of Economic Development contracted
with Arthur Polizos Associates (reorganized as The Polizos Agency)
for advertising and public relations services effective January 1,
1988. The contract was amended to include the Department of
Convention and Visitor Development as a separate entity when it was
established. The initial term of the contract together with
options, a period not to exceed five years, expires December 31,
1992 .
In 1990, the Department of Convention and Visitor Development chose
to release a request for proposals (RFP) exclusively for
advertising services with public relations services continuing to
be handled by The Polizos Agency. This decision was based on the
incumbent agency's expertise and outstanding service during the
planning and execution of Labor Day week-end events in 1990 and the
need to continue the existing public relations program for an
additional year. Council's Advertising Agency Selection Committee
received and analyzed proposals and attended presentations of
interested agencies. Barker, Campbell & Farley, a full service
advertising and public relations firm in Virginia Beach was chosen
to handle convention and visitor advertising programs.
In 1992, the Department of Economic Development decided to seek
proposals for advertising services with public relations services
continuing to be handled by The Polizos Agency. The department's
rationale was that business and convention and visitor public
relations services housed in one agency would result in economies
of scale and more informed planning. A repeat of the procedure
that had been followed the previous year resulted in the
Advertising Agency Selection Committee's selection of Barker,
Campbell & Farley to handle economic development advertising
programs.
Consequently, the Virginia Beach Departments of Convention and
Visitor Development and Economic Development contract individually
with Barker, Campbell & Farley for advertising services and with
The Polizos Agency for public relations services. This contract
will expire December 31, 1992 .
On July 14, 1992, Council appointed the Advertising Advisory Review
Committee. That committee, chaired by Thomas J. Lyons, Jr. , has
released a request for proposals, reviewed six proposals and on
November 6, heard presentations from four professional public
relations firms, including The Martin Agency, The Polizos Agency,
Brickell & Associates, and Barker, Campbell & Farley.
On Tuesday, November 10, Chairman Lyons will report the committee's
recommendation to City Council with a request that Council endorse
the committee's choice and request the City Manager to negotiate
and execute a contract for public relations with the recommended
agency, contract term to be January 1, 1993 through December 31,
1995.
CONSIDERATIONS
(1) Operational/Maintenance Considerations
None
(2) Organizational Considerations
None
(3) Legal Considerations
With Council approval, the Law Department will work with the
Departments of Convention and Visitor Development, Economic
Development and the Purchasing Agent to develop and execute
the required contract documents for a contract to be effective
January 1, 1993 . The contract will be for a three year
period, terminating simultaneously with the existing
advertising contracts with Barker Campbell & Farley.
(4) Budgetary Impacts and Considerations
Fiscal year 92-93 budget appropriations for advertising,
publicity and promotional materials will be disbursed through
the existing account with Barker, Campbell & Farley during the
fiscal year, through the Polizos Agency through December 31,
1992, and if approved by City Council, the recommended new
public relations firm between January 1, 1993 and June 30,
1993 .
No federal funding is involved.
PUBLIC INFORMATION
No impact. However the Public Information staff will continue to
rely on the City's advertising and public relations agencies for
creative and production assistance.
ALTERNATIVE COURSES OF ACTION
Council appointed Advertising Agency Selection Committees have
chosen the City's advertising and public relations agencies and/or
determined to exercise options to renew existing contracts for the
past 10 years. The procedure has worked well.
Should Members of Council choose not to accept and adopt the
recommendations of its appointed committee, another course of
action would be determined. The existing contract cannot be
renewed.
RECOMMENDATIONS
Approve the recommendation of the Advertising Advisory Review
Committee and direct the construction of appropriate contracts to
be executed prior to December 31, 1992 .
Submitted by: Reviewed by:
10,
1A.PiAi 6\6
. Andrew Burke City ML: 14
IJames B. Ricketts
Date: `iV'� / / / 2� Date: O v �1'\' rm
- 26 -
Item III-H.11.
ORDINANCES ITEM # 36240
Upon motion by Councilman Jones, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to AMEND and REORDAIN Ordinance No. 92-2133D re
emergency conservation of the public water supply pending completion
of the Lake Gaston pipeline project.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
AMP.R+ o AS To CONTENT
M1. SIGNATURE,V fr el -- !/ /emsT
DEPA!Ttvt:ENT
APPROVED AS TO LEGAL
F CIJENcM7 /
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CITY ATTORNEY
AN ORDINANCE TO AMEND AND REORDAIN
ORDINANCE NO. 92-2133D, PERTAINING
TO THE CONSERVATION OF THE PUBLIC
WATER SUPPLY PENDING COMPLETION OF
THE LAKE GASTON PIPELINE PROJECT
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Ordinance No. 92-2133D, amending Ordinance No. 92-2112C,
entitled "An Ordinance Declaring a Water Supply Emergency and
Establishing an Interim Program for the Conservation of the Public
Water Supply Pending Completion of the Lake Gaston Pipeline
Project" , be, and hereby is, amended and reordained, and shall read
as follows:
Section 1. Declaration of emergency.
There is hereby declared to exist within the City of Virginia
Beach an emergency arising out of a shortage of public water
supplies.
Section 2 . Prohibition of new connections to the public
water supply system.
Except as provided in Section 3 of this ordinance, there shall
be no new connections to the City water system until such time as
the Lake Gaston Pipeline Project, including its intake and
conveyancing facilities and their appurtenances, is substantially
complete.
Section 3. Exemptions.
Notwithstanding the provisions of Section 2 of this ordinance,
connections to the City water system will be allowed, but not
required, in the following cases if all other requirements of law
pertaining to such connections have been met:
(a) Lots abutting a City water main on February 11, 1992 ,
where the owner or his predecessor in title has directly
participated in paying the cost of constructing the main; provided,
however, that the total water demand resulting from development of
any such lot, as subdivided, shall not exceed the maximum potential
water demand which could result from the lawful development on the
lot of any permitted principal use, or combination of such uses, in
the zoning district in which such lot is located. The Director of
Public Utilities shall determine the water demand of any proposed
use, based upon the application of accepted engineering practices
and comparative water usage rates for similar uses;
(b) Lots upon which a proposed development is the subject of
an approved site development plan or an approved preliminary
subdivision plat as of the date of adoption of this ordinance,
where construction of the water distribution system serving such
development has commenced, or is bonded, in accordance with an
approved plan for such construction. Where construction or bonding
of a water distribution system serving only a portion of a
subdivision has commenced or occurred, this exemption shall apply
only to that portion;
(c) Publicly-funded residential neighborhood water projects,
or combined water and sewer projects, where construction of water
distribution systems is complete or has commenced or where the City_
Manager determines, based upon reports, recommendations or other
information provided by the Department of Health, that there is a
significant hazard to the health and safety of the residents of
such a neighborhood by reason of the unavailability of City water;
(d) Public and other schools satisfying the compulsory
education requirements of Section 22 . 1-254 of the Code of Virginia,
public facilities for police, fire protection and emergency medical
services, and facilities of public service companies regulated as
public utilities under Title 56 of the Code of Virginia, where no
alternative supply of water is available;
2
(e) Residential neighborhoods served by privately-owned water
systems, where the City Council has determined, by resolution, to
acquire such systems; er
(f) Undeveloped lots, lawfully created prior to the date of
adoption of this ordinance, upon which construction has been
authorized pursuant to a valid building permit issued prior to the
date of adoption of this ordinance; provided, that this exemption
shall apply for only so long as such building permit remains in
effect.— ; or
(g) Lots created by replatting subsequent to the vacation of
lot lines within a subdivision, where the lots platted are part of
an overall plan of development approved by the city council prior
to February 11, 1992 , and:
(1) The combined area of the new lots equals or is less
than the combined area of the original lots; and
(2) The vacation of lot lines was performed in order to
(i) bring such lots into conformity with zoning or
subdivision requirements, or (ii) to comply with
conditions attached by the City Council to
development plan approvals, including street
closures.
Section 4. Construction of water distribution systems.
Where public water distribution systems or fire hydrants, or
both, would be required pursuant to Section 5.8 of the Subdivision
Ordinance or Section 5 of the Site Plan Ordinance, or any similar
successor ordinance or requirement, but for the provisions of this
ordinance, such water distribution systems and fire hydrants shall
be designed and bonded but not constructed during the period this
ordinance remains in effect.
Section 5. Deferral of neighborhood water projects.
(a) Neighborhood water projects funded in the Capital
Improvements Program, and any sewer projects scheduled for
contemporaneous construction, shall not be constructed during the
3
period in which this ordinance remains in effect; provided,
however, that the City Council may authorize the construction of
sanitary sewer systems in any neighborhood where a majority of the
property owners in such neighborhood request, in writing, that such
sanitary sewer systems be constructed. The Director of Public
Utilities shall solicit comments from such property owners at the
earliest practicable time after the adoption of this ordinance.
Section 6. Prohibition of certain uses of the public
water supply.
In accordance with Section 37-21 of the City Code, the City
Manager is hereby authorized and directed to order the prohibition
of the following uses of the public water supply:
(a) Watering of shrubbery, trees, lawns, grass, plants or
other vegetation, except from a watering can or other
container not exceeding three (3) gallons in capacity;
(b) Washing of automobiles, trucks, trailers or any other
type of mobile equipment, except in facilities operating
with a water recycling system approved by the City, or
except from a bucket or other container not exceeding
three (3) gallons in capacity; provided, that any
facility operating with an approved water recycling
system must prominently display, in public view, a sign
stating that such a recycling system is in operation;
(c) Washing of sidewalks, streets, driveways, parking areas,
service station aprons, exteriors of homes, apartments,
commercial or industrial buildings or any other outdoor
surface, except from a bucket or other container not
exceeding three (3) gallons in capacity;
(d) The operation of any ornamental fountain or other
structure making a similar use of water;
(e) The filling of swimming or wading pools or the refilling
of swimming or wading pools which are drained after the
effective date of the order;
(f) The use of water from fire hydrants for any purpose other
than necessary governmental operations; and
4
(g) The serving of drinking water in restaurants, cafeterias
or any other establishment, unless requested by the
individual being served.
Section 7. Conflicting, etc. ordinances.
(a) The provisions of Section 37-5 (a) and (b) of the City
Code, pertaining to mandatory connections to the public water
supply system, are hereby suspended during the period this
ordinance remains in effect.
(b) In the event any other ordinance, resolution, regulation,
policy or standard of the City shall conflict, or be inconsistent,
with the provisions of this ordinance, the provisions of this
ordinance shall control.
Section 8. Severability.
The provisions of this ordinance shall be deemed to be
severable, and in the event one or more such provisions shall be
adjudged or declared to be invalid or unenforceable by a court of
competent jurisdiction, the remaining provisions shall be
unaffected thereby and shall remain in full force and effect.
Section 9. Transition provisions.
Notwithstanding the provisions of Section 3 (b) , connections to
the public water supply system shall be allowed where construction
plans for a water distribution system serving a development have
been approved on or before April 30, 1992 , and one of the following
applies:
(a) Such plans are submitted on or before February 28, 1992
and pertain to portions of a development which is the subject of an
active, approved preliminary subdivision plat and construction of
the water distribution system serving such development commences or
is bonded by April 30, 1992;
(b) Such plans have expired and re-approval has been
requested, in writing, on or before February 28, 1992, and
5
construction of the water distribution system serving such
development commences or is bonded by April 30, 1992 ; or
(c) Such plans pertain to a development which is the subject
of a site plan which has been submitted as of the date of adoption
of this ordinance, where construction of such system commences or
is bonded by April 30, 1992.
Section 10. Conditional use permits.
No conditional use permit granted by the City Council shall
become void by reason of failure to commence the construction or
use authorized by such conditional use permit within the period of
time set forth in Section 221 of the City Zoning Ordinance, if such
failure is the result of the application of the provisions of this
ordinance to the property to which the conditional use permit
pertains. In such cases, use or construction in accordance with
the terms of the conditional use permit must commence within six
(6) months of the date upon which the property becomes eligible for
connection to the City water system or the conditional use permit
shall be void.
Adopted by the Council of the City of Virginia Beach on the
24 November 1992 .
day of
CA-92-4828
\ordin\noncode\weoamd.orn
R-3
11-17-92
6
- 27 -
Item III-I.
CONSENT AGENDA
ITEM # 36241
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council APPROVED in
ONE MOTION Items 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11 of the CONSENT AGENDA.
Item 1 was DEFERRED until the City Council Session of December 1, 1992.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteignc, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
- 28 -
Item III-I.1.
CONSENT AGENDA
ITEM #36242
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council DEFERRED until
the City Council Session of December 1, 1992:
Resolution to provide health care coverage to Virginia Beach City
employees who retire prior to age sixty-five (65) with twenty-five (25)
or more years of service; and, on work-related disability with five (5)
or more years of service.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy K. Parker and Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
- 29 -
Item 111-1.2.
CONSENT AGENDA
ITEM # 36243
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to APPROPRIATE $46,945 in Grants from the
Commonwealth of Virginia Department of Forestry to the FY 1992-1993
Grants Consolidated Fund re landscape beautification projects and a
water--:saving landscaping demonstration garden.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
1 AN ORDINANCE TO APPROPRIATE GRANTS IN THE AMOUNT OF
2 $46,945 FROM THE COMMONWEALTH OF VIRIGINIA DEPARTMENT OF
3 FORESTRY TO THE FY 1992-93 GRANTS CONSOLIDATAED FUND
4 FOR LANDSCAPE BEAUTIFICATION PROJECTS
5
6 WHEREAS, the Landscape Services Division of the General Services
7 Department has applied for and been awarded six grants from the Virginia
8 Department of Forestry for landscape beautification projects and a water saving
9 landscape demonstration garden;
10 WHEREAS, the grants from the Virginia Department of Forestry are for:
11 (a) , $7,000 to build a water saving landscaping demonstration garden; (b) ,
12 $5,333 for landscaping of the expanded Corrections Facility; (c) , $8,588 for
13 installation of replacement and new trees in various neighborhood parks; (d) ,
14 $3,800 for planting of trees along Daytona Drive; (e) , $10,890 for installation
15 of trees on Princess Anne Road; and (f) , $11,334 for installation of trees on
16 Virginia Beach Boulevard;
17 WHEREAS, no additional City funds are required as a match;
18 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
19 VIRGINIA BEACH, VIRGINIA:
20 That grants totaling $46,945 be accepted and appropriated to the Grants
21 Consolidated Fund for the purposes of completing landscape beautification
22 projects and a water saving landscaping demonstration garden;
23 BE IT FURTHER ORDAINED, that the appropriation be offset by a like
24 increase in estimated revenues from the Commonwealth.
25 This ordinance shall be in effect from the date of its adoption.
26 Adopted by the Council of the City of Virginia Beach, Virginia on the
27 � 24 day of November , 1992.
4PPROVED AS TO CONTENT
Walter.' " mer,Jr.
Dept.of Management and Budget
— 30 —
Item III—I.3.
CONSENT AGENDA
ITEM #36244a
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to ACCEPT and APPROPRIATE a $9,500 Grant from the
Commonwealth of Virginia Department of Historic Resources;
TRANSFER $9,500 from the 1992-1993 Operating Budget Reserve for
Contingencies—Regular to the Virginia Marine Science Museum's
Operating Budget; and, this appropriation be offset by a$9,500 increase
in estimated revenue from the Commonwealth re extending the inventory
of historic sites to the Southern portion of the City.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
November 24, 1992
AN ORDINANCE TO ACCEPT AND APPROPRIATE A $9,500 GRANT
FROM THE STATE DEPARTMENT OF HISTORIC RESOURCES
AND TO TRANSFER $9,500 FROM THE RESERVE FROM CONTINGENCIES-REGULAR
FOR THE CITY'S REQUIRED PORTION
WHEREAS, the State Department of Historic Resources has
approved $9,500 in funding to the City for the purpose of extending
the inventory of historic sites to the southern portion of the
City; and
WHEREAS, the City will provide $9,500 as its matching portion
of the costs, with the funding being transferred from the 1992-93
Operating Budget Reserve for Contingencies-Regular;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA, that $19, 000 be appropriated to the
Virginia Marine Science Museum's Operating Budget, with $9, 500 in
funds to be from the State Department of Historic Resources and
$9, 500 to be transferred from the City's 1992-93 Operating Budget
Reserve for Contingencies-Regular.
BE IT FURTHER ORDAINED that this appropriation be offset by an
increase of $9, 500 in estimated revenue from the Commonwealth of
Virginia.
This ordinance shall be effective on the date of its adoption.
Adopted by the Council of the City of Virginia Beach,
Virginia, on the Twenty-fourth of November , 1992 .
APPROVED AS TO CONTENT:
Walter C. Kraemer, Jr.
Department of Management and Budget
- 30a-
Item 111-1.4.
CONSENT AGENDA
ITEM #36244
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance to TRANSFER $50,000 from within the State Fire Programs
Fund re purchase of two (2) replacement transmitters for the Fire
Department's paging notification system.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne,, John D. Moss, Mayor Meyera
E. Oberndorf, Nancy K Parker and Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
AN ORDINANCE TO TRANSFER $50,000 FROM WITHIN THE STATE FIRE
PROGRAMS FUND TO PURCHASE REPLACEMENT TRANSMITTERS FOR THE FIRE
DEPARTMENT'S PAGING NOTIFICATION SYSTEM
1 WHEREAS, the Fire Department utilizes a system of tone alert
2 pagers to notify fire stations, fire personnel, and volunteers of
3 emergency incidents;
4 WHEREAS, this system relies on two transmitter sites, one at
5 South Plaza Trail and one at Pleasant Ridge, both transmitters are
6 over twenty years old, in fact as of November 1, 1992 the transmitter
7 at South Plaza Trail has been out of service and cannot be repaired;
8 WHEREAS, there exists sufficient funds within the Fire
9 programs fund to replace and upgrade both transmitters.
10 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
11 OF VIRGINIA BEACH, VIRGINIA, that $ 50, 000 in State Fire Programs
12 Funds be transferred from within the Fire Programs Fund to purchase
13 two transmitters for the Fire Department's tone alert paging system.
ADOPTED: November 24, 1992
'
S
Approved as to Content
.� /
Walter C. -emer, Jr.
Deputy Director
Management and Budget
- 31 -
Item 111-1.5.
CONSENT AGENDA
ITEM #36245
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY:
KIDS EXPRESS CHILDREN'S TRANSPORTATION SERVICES
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
- 32 -
Item 111-1.6.
CONSENT AGENDA
ITEM #36246
Upon motion by Vice Mayor Sessoms, seconded by Council Lady Parker, City Council ADOPTED:
Ordinance authorizing tax refunds in the amount of $812.15 upon
application of certain persons and upon certification of the City
Treasurer for Payment.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, Robert W. Clyburn, Robert K
Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera
E. Oberndorf Nancy K Parker and Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
James W Brazier, Jr.
November 24, 1992
FORM NO. C.A. 7 10/30/92 EMC
AN ORDINANCE AUTHORIZING TAX REFUNDS
UPON APPLICATION OF CERTAIN PERSONS
AND UPON CERTIFICATION OF THE TREASURER
FOR PAYMENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA:
That the following applications for tax refunds upon certification of the Treasurer are hereby approved:
NAME Tax Year Type Ticket Exonera- Date Penalty Int. Total
of Tax Number tion No. Paid
Larry Wood & Deborah Sopher 92 RE(1/2) 127159-9 11/26/91 50.38
Mount Olive Baptist Church 92 RE(1/2) 81522-8 12/5/91 46.00
Mount Olive Baptist Church 92 RE(2/2) 81522-8 6/5/92 46.00
Mount Olive Baptist Church 92 RE(1/2) 81521-1 12/5/91 127. 52
Mount Olive Baptist Church 92 RE(2/2) 81521-1 6/5/92 127. 52
Mount Olive Baptist Church 91 RE(1/2) 81078-7 11/30/90 87.81
Mount Olive Baptist Church 91 RE(2/2) 81078-7 11/30/90 87.81
Mount Olive Baptist Church 91 RE(1/2) 81079-6 4/2/91 55.26
Mount Olive Baptist Church 91 RE(2/2) 81079-6 5/6/91 43. 55
Mount Olive Baptist Church 90 RE(2/2) 26586-8 4/2/91 54.22
Mount Olive Baptist Church 90 RE(2/2) 80146-8 8/22/90 74.08
Mary Sue Richard-Piccinino N/A Pkng 388962 7/7/92 12.00
Total 812. 15
/
z
This ordinance shall be effective from date of adoption.
The above abatement(s) totaling C- 1 as to payi-
$812.15 were approved by
the Council of the City of Virginia
Beach on the 24day of November, 1992 ;• ,li
Jo 1 T. Atkinson, Treasurer
Approved as to form:
Ruth Hodges Smith
City Clerk
(k slie L. Lilley, City orne
- 33 -
Item III-J.
PUBLIC HEARING ITEM #36247
Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on:
PLANNING BY CONSENT
1.
(a) TRUE GOSPEL CHRISTIAN CHURCH CONDITIONAL USE PERMIT
(b) CHARLES MOORE VARIANCE
(c) THOMAS W. GODFREY, SR. AND
MARGARET C. GODFREY CONDITIONAL USE PERMIT
(d) R. N. ASSOCIATES AND DR. MOHAN H.GOUDAR CONDITIONAL CHANGE OF
ZONING
(e) HOLLOMON BROWN FUNDERAL HOME, STREET CLOSURE
BAYSIDE CHAPEL, INC.
(f) COLEY R. BRICKHOUSE NONCONFORMING USE
(g) RUFUS L. MOSLEY, SR. AND STREET CLOSURE
SHIRLEY E. MOSLEY
PLANNING
2.
(a) JOHN H. TRANT CONDITIONAL USE PERMIT
November 24, 1992
- 34 -
Item III-J.1.
PUBLIC HEARING ITEM #36248
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED in ONE
MOTION Items 1. a, b, c, d, e and f of the PLANNING BY CONSENT agenda.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones,* Paul J. Lanteigne, John
D. Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
*Councilman Jones ABSTAINED pursuant to Section 2.1-639.14(E) of the Code of Virginia. Councilman
Jones advised he is President of Holloman-Brown Funderal Home, Bayside Chapel, Inc. and receives an
annual salary in excess of$10,000 from Holloman-Brown, Bayside Chapel, Inc. He has an ownership
interest in the corporation which exceeds 3% of its total equity and assumes liability on behalf of the
corporation which exceeds 3% of its asset value.
November 24, 1992
- 35 -
Item III-J.1.a.
PUBLIC HEARING ITEM #36249
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED Ordinance
upon application of TRUE GOSPEL CHRISTIAN CHURCH for a Conditional Use Permit:
ORDINANCE UPON APPLICAHON OF TRUE GOSPEL CHRISTIAN
CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH
R011921788
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of True Gospel Christian Church for a
Conditional Use Permit for a church on the east side of Salem Road, 360
feet north of Salem Lakes Boulevard. Said parcel is located at 1955
Salem Road and contains 2.078 acres. KEMPSVILLE BOROUGH.
The following conditions shall be required:
1. A Stormwater Management Plan for the proposed request is
required at the time of detailed site plan review.
2. The wooded area along the northern property line shall be
delineated on the final site plan and identified as a
"conservation area". A note shall also be included on the site
development plan which states that no development or
substantial clearing of vegetation shall he allowed within the
conservation area.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the conditions for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
This Ordinance shall be effective in accordance with Section 107 (D of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of November.
Nineteen Hundred and Ninety-Two
November 24, 1992
- 36 -
Item III-J.1.a.
PUBLIC HEARING ITEM #36249 (Continued)
PLANNING BY CONSENT
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones; Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
STATEMENT OF CONSENT
APPLICANT: TRUE GOSPEL CHRISTIAN CHURCH
APPLICATION: Conditional Use Permit -
Salem Road/Salem Lakes Boulevard
1955 Salem Road
(Kempsville Borough)
DESCRIPTION: Church
CITY COUNCIL SESSION: November 24, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. A Stormwater Management Plan for the proposed request is
required at the time of detailed site plan review.
2. The wooded area along the Northern property line shall be
delineated on the final site plan and identified as a "conservation
area". A note shall also be included on the site development plan
which states that no development or substantial clearing of
vegetation shall be allowed within the conservation area.
Owner
By:
Attorney/Agent
Date:
- 37 -
Item III-J.1.b.
PUBLIC HEARING ITEM # 36250
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss; City Council ADOPTED Ordinance
upon application of CHARLES MOORE for a Variance to Section 4.4(b) of the Subdivision Ordinance
which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance
for minimum lot width requirement.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, subdivision for Charles Moore.
Property is locate at 1422 North Woodhouse Road. LYNNHAVEN
BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones; Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
- 38 -
Item III-J.1.c.
PUBLIC HEARING ITEM # 36251
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council DEFERRED until
the City Council Session of December 8, 1992, petition of THOMAS W. GODFREY, SR. and
MARGARET C. GODFREY for the discontinuance, closure and abandonment of a portion of a cul-de-
sac located on the east side of Bray Road.
Application of Thomas W. Godfrey, Sr. & Margaret C. Godfrey for the
discontinuance, closure and abandonment of a portion of a cul-de-sac
located on the east side of Bray Road, 329.61 feet north of Lynn Acres
Road. Said parcel contains 1,943 square feet. LYNNHAVEN BOROUGH.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
- 39 -
Item III-J.1.d.
PUBLIC HEARING ITEM # 36252
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council ADOPTED
Ordinances upon application of R. N. ASSOCIATES AND DR. MOHAN H. GOUDAR for Conditional
Changeeof Zoning District Classifications:
ORDINANCE UPON APPLICATION OF R. N. ASSOCIATES AND DR.
MOHAN H. GOUDAR FOR A CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-2 TO R-7.5 Z011921369
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of R. N. Associates and Dr. Mohan H.
Goudar for a Conditional Change of Zoning District Classification from
AG-2 Agricultural District to R-7.5 Residential District on certain
property located on the east side of Holland Road at the northeast
intersection with Wintersberry Lane. The proposed zoning classification
change to R-7.5 is for single family residential land use at a density no
greater than 3.5 dwelling units per acre. The Comprehensive Plan
recommends use of this parcel of Suburban Low Density Residential at
densities that are compatible with single-family use in accordance with
other plan policies. Said parcel contains 1.37 acres. PRINCESS ANNE
BOROUGH.
ORDINANCE UPON APPLICATION OF R. N. ASSOCIATES AND DR.
MOHAN H. GOUDAR FOR A CONDITIONAL CHANGE OF ZONING
DISTRICT CLASSIFICATION FROM AG-1 TO R-7.5 Z011921370
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of R. N. Associates and Dr. Mohan H.
Goudar for a Conditional Change of Zoning District Classification from
AG-1 Agricultural District to R-7.5 Residential District on certain
property located on the east side of Holland Road at the northeast
intersection with Wintersberry Lane. The proposed zoning classification
change to R-75 is for single family residential land use at a density no
greater than 3.5 dwelling units per acre. The Comprehensive Plan
recommends use of this parcel of Suburban Low Density Residential at
densities that are compatible with single-family use in accordance with
other plan policies. Said parcel contains 26,000 square feet. PRINCESS
ANNE BOROUGH.
The following condition shall be required:
1. An agreement encompassing proffers shall he recorded with the
Clerk of the Circuit Court.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
November 24, 1992
- 40 -
Item III-J.1.d.
PUBLIC HEARING ITEM # 36252 (Continued)
PLANNING BY CONSENT
This Ordinance shall be effective in accordance with Section 107 W of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-fourth of November,
Nineteen Hundred and Ninety-Two
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K. Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
STATEMENT OF CONSENT
APPLICANT: R. N. ASSOCIATES and
DR. MOHAN H. GOUDAR
APPLICATION: Conditional Change of Zoning District Classification
Holland Road/Winterberry Lane
(PRINCESS ANNE BOROUGH)
DESCRIPTION: AG-2 Agricultural District to R-7.5 Residential District
AG-1 Agricultural District to R-7.5 Residential District
CITY COUNCIL SESSION: November 24, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. An Agreement encompassing proffers which shall be recorded with
the Clerk of the Circuit Court.
Owner
By: '`.
Attorney/
Date: / 1 -2 5/-4'.
- 41 -
Item III-J.1.e
PUBLIC HEARING ITEM # 36253
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss; City Council AUTHORIZED
FINAL APPROVAL of an Ordinance upon application of HOLLOMON BROWN FUNERAL HOME,
BAYSIDE CHAPEL, INC. for the discontinuance, closure and abandonment of a portion of Princess
Anne Road.
Ordinance upon application of Hollomon Brown Funeral Home, Bayside
Chapel, Inc. for the discontinuance, closure and abandonment of a
portion of Princess Anne Road on property located on the north side of
Princess Anne Road, 439.97 feet east of General Booth Boulevard. Said
parcel contains 4,564 square feet. PRINCESS ANNE BOROUGH.
Voting: 10-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Robert K Dean, Paul J. Lanteigne, John D. Moss, Mayor
Meyera E. Oberndorf Nancy K Parker and Vice Mayor William D.
Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Abstaining:
Louis R. Jones
Council Members Absent:
None
*Councilman Jones ABSTAINED pursuant to Section 2.1-639.14(E) of the Code of Virginia. Councilman
Jones advised he is President of Holloman-Brown Funderal Home, Bayside Chapel, Inc. and receives an
annual salary in excess of$10,000 from Holloman-Brown, Bayside Chapel, Inc. He has an ownership
interest in the corporation which exceed 3% of its total equity and assumes liability on behalf of the
corporation which exceeds 3% of its asset value.
November 24, 1992
0141A•BEA°
Q
City of Vir irZia F-3 CACh
� _ U
t
Oc _UR - pN
vs4
LOUIS R.JONES 1008 WITCH POINT TRAIL
COUNCILMAN-BAYSIDE BOROUGH VIRGINIA BEACH,VIRGINIA 23455
(804)583-0177
November 23, 1992
Mrs. Ruth Hodges Smith, CMC/AAE
City Clerk's Office
Municipal Center
Virginia Beach, VA 23456
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
Dear Mrs. Smith:
Pursuant to the Virginia Conflict of Interests Act, Section 2.1-639.14(E), Code of
Virginia, I make the following declaration:
1. The transaction for which I am executing this written disclosure is the Council
consideration and vote on an ordinance to discontinue, close, and vacate a
portion of Princess Anne Road near Nimmo Church. This matter is currently
scheduled for Council consideration at its November 24, 1992, meeting.
2. The nature of my personal interest is that I am President of Holloman-Brown
Funeral Home, Bayside Chapel, Inc., the applicant for the subject street
closure, that I receive an annual salary in excess of$10,000 from Holloman-
Brown Funeral Home, Bayside Chapel, Inc., that I have an ownership interest
in the corporation which exceeds 3% of its total equity and that I assume
liability on behalf of the corporation which exceeds 3% of its asset value.
3. The City Attorney has advised me that I am required to disclose my personal
interest as it meets the criteria of a personal interest in the transaction under
Mrs. Ruth Hodges Smith -2- November 23, 1992
Re: Disclosure Pursuant to Section 2.1-639.14(E), Code of Virginia
the Conflict of Interests Act, and that I am disqualified from participating in
this transaction.
Accordingly, I respectfully request that you record this declaration in the official
records of the City Council. I have enclosed an opinion letter from Leslie L. Lilley, City
Attorney, which addresses this same matter.
Thank you for your assistance and cooperation in this matter.
Sincerely,
� N or,
Louis R. des
Councilman
LRJ/clb
Enclosure
�� -r E City of Vir irzia Beach
y9 cG«l
OF OUR NAjX°:
v
LESLIE L.LILLEY MUNICIPAL CENTER
CITY ATTORNEY VIRGINIA BEACH,VA 23456-9004
(804)427-4531
FAX(804)426-5687
November 23, 1992
Councilman Louis R. Jones
Municipal Center
Virginia Beach, VA 23456
Re: Request for Conflict of Interests Act Opinion
Dear Councilman Jones:
I am writing in response to your request for an opinion regarding your ability to
participate in the Council consideration of an ordinance to discontinue, close, and vacate a
portion of Princess Anne Road near Nimmo Church. This matter is currently scheduled for
Council consideration at its November 24, 1992, meeting.
SUMMARY/CONCLUSION:
From my review of the Conflict of Interests Act and the information provided by you,
I am of the opinion that you have a personal interest in the City Council's consideration of an
ordinance to discontinue, close, and vacate a portion of Princess Anne Road near Nimmo
Church as a result of your personal interest in Holloman-Brown Funeral Home, Bayside Chapel,
Inc., the applicant for the street closure. Therefore it is my opinion that you are disqualified
from participating in this transaction of the City Council and you are required to disclose your
personal interest to the City Clerk. For your information, I have set out the disclosure
requirements of § 2.1-639.14(E) at the end of this letter.
I base the aforesaid conclusions on the following facts which you have presented. Please
review and verify the accuracy of the facts as set forth as you may only rely upon this opinion
if they are correct and complete.
Councilman Louis R. Jones -2- November 23, 1992
Re: Conflict of Interests Opinion
FACTS PRESENTED:
Your request for an advisory opinion is generated by the Council's consideration of an
ordinance to discontinue, close, and vacate a portion of Princess Anne Road near Nimmo
Church. This matter is currently scheduled for Council consideration at its November 24, 1992,
meeting. Holloman-Brown Funeral Home, Bayside Chapel, Inc. was the applicant for the street
closure, and its request was approved by City Council on May 12, 1992, subject to certain
designated conditions. Those conditions have been met, and the matter appears on the Council's
agenda for adoption of an ordinance granting final approval of the street closure. You have
advised that your concern, and reason for requesting this opinion, is that you are the President
of Holloman-Brown Funeral Home, Bayside Chapel, Inc. You have further advised that you
receive a salary in excess of $10,000 from Holloman-Brown Funeral Home, Bayside Chapel,
Inc., you have an ownership interest in the corporation exceeding 3% of its total equity, and you
assume liability on behalf of the corporation exceeding 3% of its asset value.
ISSUE:
Are you precluded from participating in the City Council's consideration of an ordinance
to discontinue, close, and vacate a portion of Princess Anne Road near Nimmo Church?
DISCUSSION:
I. Applicable Definitions of Section 2.1-639.1.
A. City Council is a governmental agency, as it is a legislative branch of local
government as defined in § 2.1-639.2 of the Virginia State and Local Government Conflict of
Interests Act.
B. You are an officer within the meaning of § 2.1-639.2 of the above-referenced Act.
C. Council consideration of an ordinance to approve a street closure is a "transaction"
as defined by the Act. A transaction includes any matters considered by any governmental
agency on which official action is taken or contemplated.
D. "Personal interest" is defined in § 2.1-639.2 as a financial benefit or liability which
accrues to an officer, employee, or to an immediate family member. The interest exists by
reason of one of five categories specified therein as: 1) ownership in a business if the
Councilman Louis R. Jones -3- November 23, 1992
Re: Conflict of Interests Opinion
ownership in real or personal property or a business in excess of $10,000.00; 3) salary from
the use of property or paid by a business that exceeds $10,000.00 annually; 4) ownership of
real or personal property when the interest exceeds $10,000.00 in value, exclusive of ownership
in a business, or salary; and 5) personal liability incurred or assumed on behalf of a business
which exceeds 3% of the asset value of the business.
E. A "personal interest in a transaction" exists when an officer or employee or a
member of his immediate family has a personal interest in property or a business or represents
any individual or business and such property, business or represented individual (i) is the
subject of the transaction or (ii) may realize a reasonably foreseeable direct or indirect benefit
or detriment as the result of the agency considering the transaction.
II. Application of Definitions
A. Personal Interest
A personal interest exists by reason of one of five specified categories, as noted above
in the definition of "personal interest." Specifically, my review of those categories and the facts
presented indicate that you have a personal interest in Holloman-Brown Funeral Home, Bayside
Chapel, Inc., the applicant for the subject street closure. Your personal interest exists by virtue
of the fact that you receive an annual salary from the corporation in excess of$10,000, you have
an ownership interest exceeding 3% of the corporation's total equity, and you assume liability
on behalf of the corporation exceeding 3% of its asset value.
B. Personal Interest in the Transaction
You have a "personal interest in a transaction" under the definition of § 2.1-639.2 by
virtue of your personal interest in Holloman-Brown Funeral Home, Bayside Chapel, Inc. which
is the subject of the transaction.
III. Disclosure Requirements
Based on the fact that the transaction has application solely to a business in which you
have a personal interest, and it is reasonably foreseeable that you may realize a benefit or
detriment as a result of City Council's consideration of the ordinance to discontinue, close, and
vacate a portion of Princess Anne Road near Nimmo Church, § 2.1-639.11(A)(1) disqualifies
you from participating in the transaction. Additionally, you must disclose your personal interest
in accordance with § 2.1-629.14(E). Enclosed please find a written declaration form. You must
file a disclosure with the City Clerk, and such disclosure is to be reflected in the public records
for a period of five years from the date of recording or receipt.
Councilman Louis R. Jones -4- November 23, 1992
Re: Conflict of Interests Opinion
file a disclosure with the City Clerk, and such disclosure is to be reflected in the public records
for a period of five years from the date of recording or receipt.
Please contact me should you desire any additional information.
Very truly yours,
Leslie L. Lilley
City Attorney
LLL/RMB/clb
Enclosure
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING,
DISCONTINUING AND PURCHASING A PORTION
OF THAT CERTAIN STREET KNOWN AS PRINCESS
ANNE ROAD CONSISTING OF 2, 235 sq. ft.
or 0. 051 acres, MORE OR LESS, AS SHOWN ON
AND DESCRIBED ON THAT CERTAIN PLAT ENTITLED
"RESUBDIVISION of PARCEL A-1 BEING A
RESUBDIVISION OF PARCEL A, RESUBDIVISION
OF PARCELS 13 & 13B AND A PORTION OF
PROPERTY OF NIMMO UNITED METHODIST CHURCH
(M.B. 215, P.99) PRINCESS ANNE BOROUGH -
VIRGINIA BEACH, VIRGINIA SCALE: 1"=40 ' -
AUGUST, 1992 , JOHN E. SIRINE AND ASSOCIATES,
LTD, SURVEYORS-ENGINEERS-PLANNERS, VIRGINIA
BEACH, VIRGINIA, " which plat is attached
hereto and incorporated herein by reference.
WHEREAS, it appearing to the Council of the City of
Virginia Beach (Grantor) , that HOLLOMON-BROWN FUNERAL HOME,
BAYSIDE CHAPEL, INC, a Virginia Corporation, (Grantee) petitioned
the City Council of the City of Virginia Beach to close a portion
of Princess Anne Road as described in said Petition, and the City
Council approved the petition of Hollomon-Brown Funeral Home,
Bayside Chapel, Inc. , for the discontinuance, closing and
abandonment of a portion of Princess Anne Road by action of City
Council on May 12 , 1992 , subject to the terms and conditions set
forth in said Approval, Paragraphs 1 through 7 .
And it now further appearing to the City Council of the
City of Virginia Beach that Hollomon-Brown Funeral Home, Bayside
Chapel, Inc. , has complied with the conditions upon which the
approval of May 12 , 1992 was conditioned and;
GPIN 2414 05 0844
WHEREAS, in consideration of the foregoing, it is the
judgment of the Council that the following portion of Princess
Anne Road adjoining and contiguous to the property of Hollomon-
Brown Funeral Home, Bayside Chapel, described hereinafter be
discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the Council of the City of Virginia
Beach, that the hereinafter described portion of Princess Anne
Road be discontinued, closed and vacated:
All that certain piece or parcel of land as
shown on that certain plat entitled
"Resubdivision of PARCEL A-1 Being a
Resubdivision of Parcel A, Resubdivision of
Parcels 13 & 13B and a Portion of Property of
Nimmo United Methodist Church (M.B. 215, P.
99) Princess Anne Borough - Virginia Beach,
Virginia Scale: 1" = 40 ' - August, 1992 ,
John E. Sirine and Associates, Ltd. ,
Surveyors-Engineers-Planners, Virginia Beach,
Virginia" which plat is attached hereto and
incorporated herein by reference, said piece
or parcel of land described with reference to
said plat as follows, to-wit:
Beginning at an old pin in concrete located
at the intersection of the southern right-of-
way line of General Booth Boulevard and the
eastern right-of-way line of Princess Anne
Road; thence southerly along the eastern
right-of-way line of Princess Anne Road S06°
06 ' 10" W, 63 . 18 ' to a point; thence S34°
41 ' 07" E, 103 . 40 ' to a point; thence along
an arc of a curve to the left, having a
radius of 414. 89 ' , 273 . 39 ' to a point; thence
along a non-tangent curve to the left, having
a radius of 885. 00 ' , an arc of 34 . 29 ' , a
chord bearing of N 83° 20 ' 43" E. and a chord
2
distance of 34 . 29 ' to a point; thence along
the arc of a curve to the left, having a
radius of 285. 00 ' , 15. 34 ' TO THE POINT OF
BEGINNING; THENCE leaving the eastern right-
of-way line of Princess Anne Road, continuing
along the arc of a curve to the left, having
a radius of 285. 00 ' , 81. 63 ' to a point;
thence S 22° 21 ' 29" E. 30. 10 ' (N.R. ) to a
point; thence S64° 22 ' 27" W. 0.77 ' to a
point; thence S 26° 39 ' 04" E, 20.92 ' to a
point on the eastern right-of--way line of
Princess Anne Road; thence S 88° 04 ' 02" W,
7 . 24 ' to a point; thence along the arc of a
curve to the right, having a radius of
409 . 89 ' , 21. 67 ' to a point; thence along the
arc of a curve to the right, having a radius
of 19. 67 ' , 5. 65 ' to a point; thence N. 72°
26 ' 22" West, 65. 63 ' to the point of
beginning. Said parcel of land containing
2 . 235 square feet or 0. 051 acres, more or
less, subject to the City expressly
retaining and reserving unto itself all
easements as shown on said plat.
SECTION II
A certified copy of this Ordinance and the Plat
attached thereto shall be recorded in the Clerk's Office of the
Circuit Court of the City of Virginia Beach in the "Land Transfer
Records" maintained by the Clerk's Office and shall be indexed in
the name of the City of Virginia Beach as Grantor and Hollomon-
Brown Funeral Home, Bayside Chapel, Inc. , as Grantee.
SECTION III
This ORDINANCE shall be effective upon the date of its
adoption.
r.l_.`. November 24, 1992
as-C4,\ ....__ ADOPTED:
_._"fooP
DMM'T,'MT
APPROVED AS TO 3
L.ECf\j-_ SUFF-10 N Y
- 42 -
Item III-J.1.f
PUBLIC HEARING ITEM # 36254
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the
application of COLEY R. BRICKHOUSE and ADOPTED a Resolution authorizing the conversion of a
nonconforming use:
Application of Coley R. Brickhouse for the conversion of a
nonconforming use on part of Lots 54, 55 and 56 and all of Lots 57 and
58, Parcels X& Y, Oceana Gardens, Said parcel is located at 100 Sykes
Avenue and contains 23.5 acres. LYNNHAVEN BOROUGH.
Resolution authorizing the conversion of a nonconforming use located
at the northeast corner of Southern Boulevard and Sykes Avenue,
property of Coley R. Brickhouse.
The following condition shall be required:
1. This operation will be temporary for a period of one (1) year
and must comply with all building, site plans and other
requirements of the City.
The OWNER OR LEGAL REPRESENTATIVE of the Owner, has reviewed the condition for
APPROVAL and has signed a STATEMENT OF CONSENT. Said STATEMENT OF CONSENT is
hereby made a part of the proceedings.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
STATEMENT OF CONSENT
APPLICANT: COLEY R. BRICKHOUSE
APPLICATION: Conversion of nonconforming use
DESCRIPTION: Southern Boulevard/Sykes Avenue
Oceana Gardens
(Lynnhaven Borough)
CITY COUNCIL SESSION: November 24, 1992
THE UNDERSIGNED OWNER OR LEGAL REPRESENTATIVE FOR THE OWNERS,
(or Agent for the Owner), HAS REVIEWED THE CONDITIONS FOR APPROVAL
(REQUIREMENTS) RECOMMENDED BY THE VIRGINIA BEACH PLANNING COMMISSION TO
THE VIRGINIA BEACH CITY COUNCIL FOR AFFIRMATIVE ACTION ON THIS DATE AS THEY
APPLY TO THE REFERENCED APPLICATION FOR AMENDMENT TO THE ZONING MAP OF
THE CITY OF VIRGINIA BEACH, VIRGINIA, AND HEREBY ACCEPTS AND AGREES TO:
1. This operation will be temporary for a period of one (1) year and
must comply with all building, site plans and other requirements of
the City.
Owner
By:
Attorney/Agent
Date:
- 43 -
Item III-J.1.g.
PUBLIC HEARING ITEM # 36255
PLANNING BY CONSENT
Upon motion by Vice Mayor Sessoms, seconded by Councilman Moss, City Council APPROVED the
application of RUFUS L. MOSLEY, SR. AND SHIRLEY E. MOSLEY and ADOPTED the Resolution
authorizing an enlargement of a nonconforming use:
Application of Rufus L. Mosley, Sr. and Shirley E.Mosley for the
enlargement of a nonconforming use on certain property located at 840
Newtown Road. Said parcel has area of 0.34 acres. BAYSIDE
BOROUGH.
Resolution authorizing the enlargement of a nonconforming use located
at 840 Newtown Road, property of Rufus L. Mosley, Sr.and Shirley E.
Mosley, Borough of Bayside.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood D. Branch, III, James W. Brazier, Jr., Robert
W. Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
- 44 -
Item III-J.2.a.
PUBLIC HEARING ITEM # 36256
PLANNING
R. J. Nutter, II, 4225 Corporation Lane, Suite 300, Phone: 671-6000, represented the applicant
The following registered in OPPOSITION:
Attorney Donald H. Clark, represented Keith Cuthrell
R. J. Dietz, 11135 Five point Road, Phone: 481-6718
A motion was made by Councilman Brazier, seconded by Councilman Lanteigne to APPROVE the
application of JOHN H. TRANT for a Variance to Section 4.4(b) and 4.4(d) of the Subdivision Ordinance
which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance
and have direct access to a public street, subject to the following condition:
In accordance with the applicant's voluntary proffer of this condition, if
the applicant obtains access across Parcel A as directed by the Council
on June 9, 1992, in the Hearing on the Stallings' application, applicant
will relinquish and convey without charge any and all rights they
currently have in the thirty-five (35) foot easement which leads to the
Five Forks Road to the owners of residential lots which are plotted over
the easement. Such conveyance shall be recorded in the Office of the
Clerk of the Circuit Court of the City of Virginia Beach.
Appeal from Decisions of Administrative Officers in regard to certain
elements of the Subdivision Ordinance, subdivision for John H. Trant.
Property is located north of Little Lake Court. LYNNHAVEN BOROUGH.
Voting: 5-6 (MOTION LOST TO A NEGATIVE VOTE)
Council Members Voting Aye:
Linwood O. Branch, III James W. Brazier, Jr., Robert K Dean, Paul
J. Lanteigne, and Vice Mayor William D. Sessoms, Jr.
Council Members Voting Nay:
John A. Baum, Robert W. Clyburn, Louis R. Jones, John D. Moss, Mayor
Meyera E. Oberndorf and Nancy K Parker
Council Members Absent:
None
November 24, 1992
- 45 -
Item III-K1.
APPOINTMENT ITEM #36257
BY CONSENSUS, City Council CONFIRMED the APPOINTMENT:
COMMUNITY CORRECTIONS RESOURCES BOARD
Carol C. King
1 year term
January 1, 1993 to December 31, 1993
November 24, 1992
- 46 -
Item III-K2.
APPOINTMENT ITEM # 36258
Upon NOMINATION by Vice Mayor Sessoms, City Council APPOINTED:
HAMPTON ROADS PLANNING DISTRICT COMMISSION
The Executive Committee
and
Metropolitan Planning Organization Committee
Louis R. Jones
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W Brazier, Jr., Robert
W Clyburn, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf, Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
- 47 -
Item III-L.1.
UNFINISHED BUSINESS ITEM # 36259
BY CONSENSUS, City Council DEFERRED to the City Council Session of December 1, 1992:
STATUS REPORT ON REAPPORTIONMENT
Leslie L. Lilley, City Attorney
November 24, 1992
- 48 -
Item III-M.1.a.
NEW BUSINESS ITEM #36260
Upon motion by Councilman Lanteigne, seconded by Councilman Brazier, City Council ADOPTED:
Resolution establishing the Virginia Beach Crime Task Force.
Voting: 11-0
Council Members Voting Aye:
John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert
W Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D.
Moss, Mayor Meyera E. Oberndorf Nancy K Parker and Vice Mayor
William D. Sessoms, Jr.
Council Members Voting Nay:
None
Council Members Absent:
None
November 24, 1992
Requested by Councilman Paul J. Lanteigne
1 A RESOLUTION ESTABLISHING THE
2 VIRGINIA BEACH CRIME TASK FORCE
3 WHEREAS, the City of Virginia Beach has one of the lowest
4 crime rates nationally for cities of its size;
5 WHEREAS, this low crime rate contributes significantly to the
6 quality of life of our citizens, and to the ability of the City to
7 induce businesses and individuals to remain in, or relocate to the
8 City;
9 WHEREAS, notwithstanding our current low crime rate, the
10 incidence of crime is rising nationwide and in our own community;
11 and
12 WHEREAS, City Council recognizes that in order to address this
13 unfortunate trend, and to continue to enhance the quality of life
14 for our citizens, the City should be proactive in its response to
15 the problem of crime in our community.
16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
17 VIRGINIA BEACH, VIRGINIA:
18 1. That there is hereby established the Virginia Beach Crime
19 Task Force whose purpose shall be to evaluate the crime problem in
20 the City of Virginia Beach, to identify ways in which to address
21 the problem, and to make recommendations to City Council based on
22 its findings and conclusions.
23 2 . That the Task Force shall be comprised of eleven (11)
24 members consisting of one (1) member of City Council, one (1)
25 member of the School Board, one (1) teacher, one (1) high school
26 senior, one (1) member of the Parents and Teachers Association, one
27 (1) member of the American Association of Retired Persons, one (1)
28 member of the Virginia Beach Chamber of Commerce, and one (1)
29 member of each of the four Police Precinct Citizen Advisory
30 Committees. All members of the Task Force shall be appointed by,
31 and shall serve at the pleasure of, the City Council. Nominations
32 of individuals for appointment to the Task Force shall be made by
33 the respective organizations; provided, however, that the teacher
34 and high school senior shall be nominated by the School Board.
35 3 . That with the exception of the high school senior member
36 whose term shall be for one (1) year, the term of each member shall
37 be for the duration of his or her term or status as a member of the
38 organization or group from which he or she was nominated, but in
39 any event, shall not be for more than three (3) years. Any member
40 of the Task Force may be reappointed for an additional term,
41 provided he or she continues to be a member of the organization or
42 group from which he or she was nominated, and further provided that
43 no member shall serve more than three (3) consecutive three-year
44 terms.
45 Adopted by the Council of the City of Virginia Beach,
46 Virginia, on the 24 day of November , 1992 .
47 CA-4902
48 ORDIN\NONCODE\CRIME.RES
49 R-2
50 PREPARED: NOVEMBER 17, 1992
2
- 49 -
Item
NEW BUSINESS ITEM #36262
Hyaeinthe G. Raunser, 3832 Honeytree Lane, Phone: 340-2980, spoke relative the elderly, handicapped
and permanently disabled.
Elderly and handicapped personal property tax for those sixty-five (65)
and over or permanently disabled.
This item was MOVED FORWARD prior to the Vote on the Capital Improvement Program.
November 24, 1992
- 50 -
Item III-M.1.c.
NEW BUSINESS ITEM #36263
ADD-ON
Council Lady Parker referenced her and Councilman Moss's correspondence concerning the real estate
tax increase and another alternative, which was inserted in City Council's agenda.
Council Lady Parker requested the subsequent Resolution be SCHEDULED for the City Council Session
of December 1, 1992:
Resolution to establish a School Project Fund composed of designated
tax generated and attending interest.
November 24, 1992
- 51 -
Item III-M.1.d.
NEW BUSINESS ITEM #36263
ADD-ON
Councilman Moss referenced School Board Member Gerald Gibbs had advised the disparity law suit was
dismissed relative School funding.
November 24, 1992
- 52 -
Item III-N.1.
ADJOURNMENT
ITEM # 36264
Mayor Oberndorf DECLARED the Meeting ADJOURNED at 1:25 A.M.
Beverly O. Hooks, CMC
Chief Deputy City Clerk
g--.‘ "Z/&ca9L-i7051 -
Ruth Hodges Smith, CMC/AAE Meyera E. Oberndorf
City Clerk Mayor
City of Virginia Beach
Virginia
November 24, 1992