HomeMy WebLinkAboutAPRIL 20, 1987 MINUTES
"WORLD'S LARGEST RESORT CITY"
Cln COUNCIL
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281 C17Y HALL BUILDING
MUNICIPAL CENTFR
I lILE BIMWI, C,,, VIRGINIA REACH, VIRGINIA 23456 PM
[8041 427-4303
VIRGINIA BEACH CITY COUNCIL
AGENDA
APRIL 20, 1987
ITEM I. SESSICtq - Oonference - 12:30 PM
A. CITY CCUNCIL S
ITIFM ii. INFO@ SESSICN - Conference - 1:00 PM
A. CALL TO ORDER - @yor Robert G. Jones
B. Bmz- CALL CF CCUNCIL
C. CITY Is ING
1. Resort Area Lifeguard @anchise Presentation
John @tes, Department of Parks and Recreation
D. MMICN TK) INTO IVE SESSICN
ITEM III. FO@ SESSICN il rs - 2:00 PM
A. INVOCATION: Reverend Thcmas P. Reynolds
Francis Asbury United Methodist Church
B. PLEDGE OF ALLBG TO THE FLAG OF @ UNIFED STATES OF @CA
C. EL@RONIC RML @ OF CITY COLJW-IL
D. ADOPRION CF ITEMS MR TTIE Fo@ AGENDA
E. @S
1. INFO@ & FO@ SESSIONS - April 13, 1987
P. PUBL.IC HEAPJM
1.
a. Application of William E. Harmon for a variance to
Section 4.4(b) of the Subdivision Ordinance which requires that
lot d@nsions ac)nform to tl-ie Ccmprehensive Zon@ Ordinance,
at the eastern terminus of Paca Lane (Bayside Borough).
Recmmndation: AP
b. Application of Joseph H. Watem, Jr. and Gail Z. Watson for a
Cbnditional Use Pennit for a recreational facility of an
outdoor nature and @k storage yard (miniature golf course,
golf sales store and cpen boat storage y@) on the south side
of Virginia Beach Boulevard, 1400 feet, @e or less, east of
Lynrihaven Parkway, containing 5.38 acr@,s (Lynnhaven Borough).
Rec@ndation: APP
c. Application of Charles J. Cralle for a Cbnditional Use Perniit
for an auto repair facility (fast lubrication center) at the
northeast comer of Newtown lbad @ Cbmie Lane, containing
18,626 square feet (Bayside Borough).
Reccnuendation: D@
d. ordinance for the discontinuance, closure and abando@t of a
cul-dc-sac at the Northern terminus of Baker @ad in the
petition of d E. Perry (I3ayside Borough
RecciTmendation: APP
e. ordinance for the discontinuance,, closure and abandonnent of a
portion of kins Lane in the petition of Signet
EnterpriBes, Ltd@(Kempsviiie Borough).
ation: APPROM
f. ordinance for the discontinuance, closure and abando@t of a
portion of Pennsylvania Avenue and Jeanne Street in the
petition of @r CLty Associates (Bayside rough as follows:
Perinsylvania Avenue: Beginning at the northern boundary of
Ye-anne Street and running in a northerly direction a distance
of 50 feet and is 50 feet in width.
Jeanne Street: Beginning at eastern boundary of N. Witchduck
Road and @ing in an easterly direction a distance of
309 feet, more or less, and is variable in width E-rcrn 80.83
feet to 60 feet.
Said parcels cc)ntain 23,503 square feet more or less.
DEFERRED 180 Days for @liance of Cbnditions Octcber 20, 1986
Rec ation: @ FOR
g. Ordinance to AMM and ICORDAIN the Cmprehensive Zoning
Ordinance pertain@ to sign regulaticns:
1. Article 2, Section 212 - Prombited Signs
2. Article 2, Section 214 - Certain Signs (Free-
3. Article 2, Section 215 - Nonconfoming Signs;
4. Article 7, Section 705 Sign @ations in the H-1 Hotel
District;
5. Article 7, Section 715 Sign @ations in the E-2 Resort
@l District;
6. Article 8, Section 804 Sign Regulations in the 0-1 office
District;
7. Article 9, Section 904 - Sign @ations in the B-1
Business-Residential District;
8. Article 9, Section 914 - Sign @ations in the B-2
Camminity-Business Di@ict;
9. Article 9, Section 924 - sign @aticns in the B-3
Central-Business District,
10. Article 9, Section 942 -Zoning @ations in the B-5
Resort al District;
11. Article 9, Section 944.1 - sign @ations in the B-5
Resort cial District;
12. Article 9, Section 944.1 - Sign @ations in the B-5
Pesort ial District (Alternative Mendment);
13. Article 10, Section 1004 - Sign Regulations in the I-1
Light Iridustrial District;
14. Article 15, Section 1504 -Sign @ations in the C-1 Arts
and Cx&erence District;
Peccmmeridation: APP
G. ORDINANCE
1. Pesolution referring a propc)sed Pin t to Section 233 of the
Ccmprehensive Zoning Ordinance pertaining to @eational
Campgrounds to the Planning Cannission.
H.
All matters listed under the Cbnstnt Agenda are oc)nsidered in the
ordinary course of business by City CDuricil and will be enacted by one
in the form listed. If an item is r@ed from the Cbnsent
Agenda, it will be discussed ard voted upon separately.
1. Ordinance to AMIND and REORDAIN Section 21-364 of the Gode of the
City of Virginia Beach, Virginia, pertaining to General Parking
itions.
2. Ordinance approving an nt for Methane Gas ery to the
T-a@fill Lease Agreement bet@en the American Gas Recovery
Corpc)ration and the City of Virginia Beach and approving an
assigrnent of the Lease as anie@ed to Biogas Reccyvery Partners,
Incorporated, and autliorizing and directing the City Manager to
execute sam.
3. Ordinance cc)nsenting to the merger of Virginia Beach Patrol,
Incorporated and Ocean Pescue Service, Iricorporated, and the
creation of Virginia Beach Lifesaving Service, Incorporated, with
the teniis and oonditions of the existing lifeguard frarr-hises
operated by the merging parties the degree determined by the
Departmnt of Parks and Recreation to be necessary to @intain or
increase the existing level of safety provided to the PLiblic.
4. Ordinance upon SMM @ING to accept and appropriate $120,080
frcrn the Omm@alth for @lic Assistance and $30,020 fran the
General Fund Reserve for ContiMencies to the Grants Cc)nsolidated
Fund for a Special Social Service Demonstration Project Grant.
5. Ordanance upon SMM WMING to accept and appropriate a $60,100
grant frcm the V-irginia Department of Corrections to supplement the
Virginia Beach Oommmity Diversion ve Program Grant for
Fy 1986-1987.
6. Ordinance upon SECOND @IM to appropriate $8,000 frcin the
General Fund Reserve for Cont@encies and accept gr@ furids in
the amount of $40,000 frcrn the Virginia (buncil on the Enviro@t
to the Grants @nsolidated Fund for the develofmnt of a shoreline
public access/beach restoration plan.
7. Ordinance upon FIRSR READING to appropriate $69,300 for the
Lease/PLirchase of the Al@l Detoxificaticn Center.
8. Ordinarice authorizim a temporary encroacbrrent into the north and
south sides of the right-of-way of 39th Street to iew
Virginia Beach Real EBtate Associates, its assigns and successors
in title.
I. UNFINISW BUSINESS
J. NEW BU@
K. ADLT
COLJNCIL BLMGER FENEW
April 23 Budget Workshop -
Conference R= 4:00 - 7:00 PM
April 30 Public Heari-ng -
Pavilion - 7:00 PM
may 4 Budget Reconciliation TAbrkshop -
Cc)nference Rom 10:00 AM - 12 NOW
May 11 Regular Session: PLiblic Fbar@ and FIRSR PEADING of
Appropriation Ordiliance -
Cbuncil Chambers 2:00 PM
May 14 Special Session: @ING of
Appropriation Ordinance -
Counci.1 Chanibers - 12 NOC)N
- 18 -
Item III-E.l.
MINUTES ITEM # 27262
Upon motion by Councilman Heischober, seconded by Councilman Fentress, City
Council APPROVED the MINUTFS of the INFORMAL & FORMAL SESSIONS of April 20,
1987, AS AME-NDED and CORRECTED.
Councilwoman Parker GORRECTED Line Three, Page 3, Item # 27210 under CITY
COUNCIL CONCERNS:
The Honorable Richard Davis, former Lieutenant
Governor, forwarded the invitation for a Luncheon
from the Virginia Center for World Trade NOT Dick
Bridges.
The Line should correctly read:
'@Dic", l-,@,@-dg--s The Honorable Richard Davis has been
advised this was a meeting of the City Council."
Counclwoman McClanan and Councilwoman Parker AMENDED Item # 27224, Page 14.
Ordinance upon application of JOSEPH H. WATSON, JR., & GAIL Z. WATSON for a
Conditional Use Perinit for a Recreational Facility.
Condition No. 5 should correctly read:
5. There shall be no loud speakers and no music.
Condition No. 7 should correctly read:
7. Category II screening- the er,@e-'-Ong@. @he
ty alonf,, the side adjacent to the residents.
Councilwoman Parker further CORRECTED Item # 27241, Page 36.
Paragraph 1, Line 4 and 5 should correctly read:
" A letter from Councilman Baum, dated February 8,
+987, 1979, relative revising the Comprehensive
Zoning Ordinance regarding farmettes was also
included."
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, John L. Perry
Vice Mayor Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
None
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 20, 1987
The CONFERENCE SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
April 20, 1987 at 12:30 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Meyera E.
Oberndorf, John D. Moss, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 2 -
C I T Y C 0 U N C I L C 0 N C E R N S
ITE14 # 27204
Councilwoman Parker distributed a copy of an article from the SCIENCE DIGEST
relative "AMERICA WASHING AWAY". This article concerned a rising sea level and
advised erosion cannot be stopped.
ITEM # 27205
Councilwoman Parker referenced a Meeting also attended by Councilwoman
McClanan, a broad sector of the Community and City staff on Mach 16, 1987.
Discussions evolved around soil analysis. Moving through some of the lower
territories of the City, the drainage questions are dealing with the different
kinds of soil - clay versus a lot of much more permeable soil for the northern
sector. When the City discusses tree protection and tree replacement it may be
quite different from what has been done in other areas.
ITEM # 27206
Councilwoman McClanan referenced a Conditional Use Permit on Indian River Road
presently being violated and requested the City Attorney and the Deparmtent of
Zoning to investigate same. When a determination is made, she would like the
City Attorney to move to bring the issue of REVOCATION of the Conditional Use
Permit to City Council.
Councilwoman Henley believed this particular CUP was a blatant violation.
Councilwoman Henley reiterated the need to be advised of the legal procedures.
The City Attorney advised public notice must be given and a PUBLIC HEARING held
prior to City Council's deliberation of any REVOCATION.
ITEM # 27207
Councilman Perry referenced the letter from the Constitutional Celebration
Commission. Councilman Perry advised the Commission did not have anyone from
Old Dominion University or Norfolk State on their SPEAKERS BUREAU.
Vice Mayor Oberndorf advised the individuals on the SPEAKERS BURFAU were
recommended by the people residing in the City of Virginia Beach. If ODU and
Norfolk State were omitted, same was not intentional. Vice Mayor Oberndorf
invited Councilman Perry to express his concerns at the Meeting of the
CONSTITUTIONAL CELEBRATION COMMISSION. His suggestions would be most welcome.
ITEM # 27208
Councilman Moss advised he had been coordinating with Assistant City Attorney
Gary Fentress concerning DIRECT ELECTION OF THE SCHOOL BOARD. The document
will be distributed to City Council. Councilman Moss requested discussion
concerning same be SCHEDULED for the City Council Meeting of May 18, 1987.
ITEM # 27209
Councilwoman McClanan advised she had discussed with the City Manager the
aricle in the RICED40ND T@, March 29, 1987, concerning the cost of rezoning
fees and other costs associated with same. The majority of Virginia's counties
have raised their fees considerably in the last two years resulting from
additional costs in advertising, staffing, the review process, notification of
property owners, et cetera. If the City were to advance to Conditional Zoning,
a re-evaluation of fees and structures of the whole process should be
determined. The City Staff will review and prepare information relative the
amount the City's costs have increased since the last time the Rezoning fees
were increased.
- 3 -
C I T Y C 0 U N C I L C 0 N C E R N S
TTEM # 27210
Councilman Balko referenced an invitation for a Luncheon from the Virginia
Genter for World Trade for the Brazilian Ambassador on May 18, 1987 (Noon to
2:00 P.M.). Dick Bridges has been advised this was a meeting of the City
Council. By Consensus, City Council agreed not to change this Regular Session
of City Council.
ITF14 # 2721 1
Councilman Fentress distributed copies of a revision to an Ordinance to Amend
and Reordain Article 9, Section 944.1 of the Comprehensive Zoning Ordinance of
the City of Virginia Beach, Virginia, pertaining to Sign Regulations in the
B-5 Resort-Commercial District. This Ordinance addresses a concern of the
Restaurant Association Subsection (b) (1) by increasing the number of words to
"two descriptive words that designate the type of establishment advertised".
Councilman Fentress also eliminated the Subsection related to neon lighting.
Councilwoman Parker and Councilman Heischober referenced the possibility for a
cap of a certain number of feet relative Subsection (c) "No sign located on or
in any window, or located behind any window in such manner as to attract the
attention of persons outside of the establishment, shall have a surface area
greater than twenty percent (20%) of the surface area of such window."
Vice Mayor Oberndorf advised the Restaurant Association had requested the
amount of surface area for signage be increased from sixteen (16) square feet
to a total of thirty-two (32) square feet. The Restaurant Association advised
the B-4 Restaurants on one side of Pacific Avenue would be allowed to have a
32-foot sign where those on the other side of Pacific Avenue zoned B-5 would be
reduced to 16 feet.
Assistant City Attorney Bill Macali advised the B-4 regulations will be
forwarded to the Planning Commission for their consideration at their next
meeting. Assistant City Attorney Bill Macali advised the three versions: the
Planning Commission's recommendation, the Staff recommendation and Councilman
Fentress's version will be distributed in the Formal Session.
- 4 -
ITEM # 27212
The INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL was called to order
by Mayor Robert G. Jones in the Conference Room, City Hall Building, on Monday,
April 20, 1987, at 1:00 P.M.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Absent:
None
- 5 -
C I T Y M A N A G E R IS C 0 N C E R N S
ITEM # 27213
The City Manager requested that at the end of the FORMAL SFSSION, the Council
Meeting be REGFSSED, rather than ADJOURNED, until 12:00 NOON, Tuesday, April
21, 1987, for the AWARDING of the LOW BID of $46,000,000 General Obligation
Public Improvement Bonds, Series 1986.
- 6 -
C I T Y M A N A G E R IS B R I E F I N G
RESORT ARFA LIFEGUARD FRANCHISE PRESENTATION
ITEM # 27214
Harold Whitehurst, Director of Parks and Recreation, advised relative the
MERGER OF VIRGINIA BEACH PATROL, INC. AND OCEAN RESCUE SERVICE, INC., a
committee was established to study the aforementioned MERGER.
Mr. Whitehurst advised there would be no reduction in service. There was a
certain amount of ease in dealing with one system. There would be a better
distribution of the communication system; i,e. co-ordinating lost children.
Overall this MERGER would be more beneficial to the public.
Councilman Fentress advised the rental equipment was in a state of disrepair.
John Coates, Parks and Recreation Department, supervises the beachfront and
advised all the rental equipment was purchased in 1983. There is no language in
the Franchise Agreement to cover the enforcement of properly repaired rental
equipment.
The FRANCHISE AGREEMENT can be AMENDED to include this stipulation.
- 7 -
ITEM # 27215
Mayor Jones 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:
1. PERSONNEL MATTERS: Discussion or consideration of employment, assignment,
appointment, promotion, performance, demotion, salaries, disciplining or
resignation of public officers, appointees or employees.
2. PUBLICLY HELD PROPERTY: Discussion or consideration of the condition,
acquisition or use of real property for public purpose, or of the
disposition of publicly held property, or of plans for the future of an
institution which could affect the value of property owned or desirable
for ownership by such institution.
3. LEGAL 14ATTERS: Consultation with legal counsel or briefings by staff
members, consultants or attorneys, pertaining to actual or potential
litigation, or other legal matters within the jurisdiction of the public
body. Specific items of business on the City Council agenda that were
discussed in Executive Session: III-F.l.e
Upon motion by Councilman Baum, seconded by Councilman Balko, City Council
voted to proceed into EXECUTIVE SESSION.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold He@schober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay;
None
Council Members Absent:
None
- 8 -
F ORM A L S E S S ION
VIRGINIA BEACH CITY COUNCIL
April 20, 1987
2:22 P.M.
Mayor Robert G. Jones called to order the FORMAL SESSION of the VIRGINIA BEACH
CITY COUNCIL in the Council Chambers, City Hall Building, on Monday, April 20,
at 2:22 P.M.
Council Members Present;
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Absent:
John L. Perry
INVOCATION: Reverend James MeHaffey
Salem United Methodist Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
- 9 -
Item III-C.
RECOGNITION ITEM # 27216
ADD-ON
The Mayor RECOGNIZED B.H. "Pat" Bridges, as Virginia Beach's FIRST CITIZEN of
the YFIR.
- 10 -
APPROVAL OF ITEMS FOR THE FORMAL AGENDA
Item III-D.1 ITF14 # 27217
Councilwoman McClanan referenced an Ordinance consenting to the merger of
Virginia Beach Patrol, Incorporated and Ocean Rescue Service, Incorporated, and
the creation of Virginia Beach Lifesaving Service, Incorporated, with the terms
and conditions of the existing lifeguard franchises operated by the merging
parties, the degree to be determined by the Department of Parks and Recreation
as necessary to maintain or increase the existing level of safety provided to
the Public. (See Item III-H-3 of the Consent Agenda). This item will be pulled
for a separate vote.
Item III-D.2 ITEM # 27218
Vice Mayor Oberndorf referenced as per the City Manager's advice, the City
Council will REGFSS to RECONVENE April 21, 1987 for the Sale of $46-MILLION
General Obligation Public Improvement Bonds.
Item III-D-3- ITEM # 27219
Councliman Baum advised he wished to add an item concerning the BACK BAY/NORTH
LANDING RIVER MANAGEMENT DISTRICT, under UNFINISHED BUSINESS.
Item III-D.4 ITEM # 27220
Councilwoman Henley referenced background information relative the agricultural
areas which she had compiled. Same will be distributed under UNFINISHED
BUSINESS.
BY CONSENSUS, with the exception of Councilwoman McClanan's VERBAL NAY Vote,
City Council ADOPTED the ITEMS FOR THE FORMAL AGENDA.
Councilwoman McClanan requested at each City Council Meeting, her vote on this
particular item be recorded as a VERBAL NAY.
Item III-E.l.
MINUTES ITEM 27221
Upon motion by Vice Mayor Oberndorf, seconded by Councilwoman Parker, City
Council APPROVED the MINUTES of the INFORMAL & FORMAL SESSIONS of April 13,
1987.
Voting; 10-0
Council Members Voting Aye:
Albert W. Balko,* John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry.
*Verbal Aye
- 12 -
Item III-F.l.a-e
PUBLIC HEARING
PLANNING ITEM # 27222
Mayor Jones DECLARED a PUBLIC HF.ARING on:
PLANNING ITW
a. WILLIAM E. HARMON VARIANCE
b. JOSEPH H. WATSON, JR. AND GAIL
Z. WATSON CONDITIONAL USE PERMIT
c. CHARLES J. CRALLE CONDITIONAL USE PERMIT
d. DONALD E. PERRY STREET CLOSURE
e. SIGNET ENTERPRISES, LTD. STREET CLOSURE
f. MOTOR CITY ASSOCIATFS STREET CLOSURE
g. SIGN REGULATIONS COMPREHENSIVE ZONING ORDINANCE
AMENDMENTS
- 13 -
Item III-F.l.a.
PUBLIC HEARING
PLANNING ITEM # 27223
William E. Harmon, 1549 Bradford Road Phone: 464-3473, represented himself
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council APPROVED the application of WILLIAM E. HARMON for a Variance to Section
4.4(b) of the Subdivison Ordinance.
Appeal from Decisions of Administrative Officers in
regard to certain elements of the Subdivision
Ordinance, Subdivision for William E. Harmon. Said
parcel is located at the eastern terminus of Pace
Lane. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
The following conditions shall be required:
1. Repair any damage to the right-of-way resulting
from construction.
2. Construction access to this site shall be an
easement from Connie Lane rather than Paca Lane and
all setbacks must be in conformance with the
Comprehensive Zoning Ordinance.
Voting; 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf and Nancy K. Parker
Council Members Voting Nay:
None
Council Members Absent:
John L. Perry.
- 14 -
Item III-F.l.b
PTJBLIC HEARING
PLANNING ITEM # 27224
Joseph H. Watson, the applicant, represented himself
Upon motion by Councilman Balko, seconded by Councilman Perry, City Council
ADOPTED an Ordinance upon application of JOSEPH H. WATSON, JR., & GAIL Z.
WATSON for a Conditional Use Permit.
ORDINANCE UPON APPLICATION OF JOSEPH H. WATSON,
JR., & GAIL Z. WATSON FOR A CONDITONAL USE PERMIT
FOR RECREATIONAL FACILITY R04871032
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Joseph H. Watson,
Jr., & Gail Z. Watson for a Conditional Use Permit
for a recreational facility of an outdoor nature
and bulk storage yard (minature golf course, golf
sales store and open boat storage yard) on certain
property located on the south side of Virginia
Beach Boulevard, 1400 feet more or less east of
Lynnhaven Parkway. Said parcel contains 5.38 acres.
Plats with more detailed information are available
in the Department of Planning. LYNNHAVEN BOROUGH.
The following conditions shall be required:
1. Conditions as specified on the site plan submitted
with the use permit.
2. Lighting for parking and storage areas will be by
flood lights directed away from the residential
area.
3. Lighting for miniature golf course area will be by
low level post type luminaries.
4- Parking and roads will be asphaltic cement.
5. There shall be no loud speakers.
6. A six (6) foot high stockade fence along the entire
length of the property.
7. Category II screening along the entire length of
the property.
8. Fifty (50) Parking spaces, including 2 handicapped
spaces as shown on the submitted site plan.
9. There is to be no painting and scraping of boats on
the property.
10. Best Management Practices to be employed.
11. Hours of operation will not exceed 10:00 a.m. to
11:00 p.m. daily (GOLF COURSE) 8:OC) a.m. to 5:00
p.m. (BOAT STORAGE YARD).
12. The Conditional Use Permit shall be for two (2)
years. If there are no complaints, from adjacent
neighbors, same will be administratively approved.
Item III-F.l.b
PUBLIC HEARING
PLANNING ITEM 27224 (Continued)
This Ordinance shall be effective upon the date of adoption.
Adopted by the Council of the City of Virginia Beach, Virginia, on the
Twentieth day of April, Nineteenth Hundred and Eighty-seven.
Voting: 9-2
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Vice Mayor Meyera E. Oberndorf, Nancy K.
Parker and John L. Perry
Council Members Voting Nay:
Reba S. McClanan and John D. Moss
Council Members Absent:
None
- 16 -
Item III-F.l.c
PUBLIC HEARING
PLANNING ITEM # 27225
Attorney Michael A. Inman, 500 Pembroke Five Building - Phone: 490-8000,
represented the applicant and requested WITHDRAWAL.
The City Clerk referenced a letter from Michael Inman dated March 20, 1987,
requesting WITHDRAWAL. Said letter is hereby made a part of the record.
OPPOSITON:
Arkansas Foreman, 5517 Connie Lane - Phone: 499-6067, represented the Newsome
Farm Civic League
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council DENIED an Ordinance upon application of CHARLES J. CRALLE f or a
Conditional Use Permit.
ORDINANCE UPON APPLICATION OF CHARLES J. GRALLE FOR
A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR
FACILITY (fast lubrication center)
Ordinance upon application of Charles J. Cralle for
a Conditional Use Permit for an auto repair
facility (fast lubrication center) on certain
property located at the northeast corner of Newtown
Road and Connie Lane. Said parcel contains 18,626
square feet. Plats with more detailed information
are available in the Department of Planning.
BAYSIDE BOROUGH.
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober,* Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None.
*Verbal Aye
- 17 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 27226
Attorney R. J. Nutter, One Columbus Center Phone: 490-6000, represented the
applicant, Donald E. Perry - Chairman of Continental/Development Company and
presented petitions of adjacent property owners in endosement of the closure
of said cul-de-sac.
Upon motion by Vice Mayor Oberndorf, seconded by Councilman Heischober, City
Council APPROVED and CONDITIONED for Compliance until the City Council Meeting
of October 26, 1987, an Ordinance for the discontinuance, closure and
abandonment of a cul-de-sac at the Northern terminus of Baker Road in the
petition of DONALD E. PERRY.
Application of Donald E. Perry for the
discontinuance, closure and abandonment of a cul-
de-sac located at the northern terminus of Baker
Road. Said parcel contains 9060 square feet more
or less. Plats with more detailed information are
available in the Department of Planning. BAYSIDE
BOROUGH.
The following conditions shall be required:
1 . Reserve the right of the City for the ultimate
disposition for this right-of-way by purchase
rather than direct conveyance, subject to
determination by the City Attorney's Office.
2. Resubdivision of the property to incorporate the
closed area into adjoining parcels, as well as to
insure that all lots have access to a public
street.
3. Dedication of a utility easement as determined by
the Department of Public Utilities over the water
line located within the area to be closed.
4. A dedication of a cul-de-sac in fee simple approved
by the Department of Public Works.
5. Approve the schematic of Mickiewicz-Robertson dated
February 27,1987, depicting the redesigned cul-de-
sac.
6. Closure of this right-of-way shall be contingent
upon compliance within 180 days of the approval by
City Council.
- 18 -
Item III-F.l.d.
PUBLIC HEARING
PLANNING ITEM # 27226 (Continued)
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
liarold Heischober, Barbara M. Henley, Mayor Robert
G. Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndo@f, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 18a -
ORDINANCE NO.
IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A
PORTION OF THAT CERTAIN STREET OF APPROXINIATELY 60 FEET,
MORE OR LESS, IN WIDTH, KNOWN AS BAKER ROAD, AT THE
NORTHERN TERMINUS OF SAID ROAD IN THE AIRPORT INDUSTRIAL
PARK, IN THE BAYSIDE BOROUGH IN THE CITY OF VIRGINIA
BEACH, VIRGINIA.
WHEREAS, it appearing by Affidavit that proper notice has
been given by Donald E. Perry that he would make application to the City
Council of the City of Virginia Beach, Virginia, on the 9tti day of
hlarch, 1987, to have the hereinafter described street discontinued,
closed and vacated in accordance with 15.1-364 of the 1950 Code of
Virginia, as amended; and
WHEREAS, it is the judgment of the City Council that said
street be discontinued, closed and vacated;
NOW, THEREFORE,
SECTION I
BE IT ORDAINED by the City Council of the City of Virginia
Beach, Virginia, that the hereinafter described street be discontinued,
closed and vacated:
ALL THAT certain piece or parcel of land, lying,
situate and being in the Bayside Borough of the City
of Virginia Beach, Virginia, and described as:
The cul-de-sac at the northern terminus of Baker Road
in the Airport Industrial Park as shown on that cer-
tain plat entitled "Street Dedication Plat of of Part
of Parcel B Subdivision for Samuel G. Jones, Jr. MB
92 p. 53" dated September 5, 1984 and recorded in the
Circuit Court Clerk's Office in Deed Book 2374 at
page 1824.
It being located on the same property conveyed to
-1-
- 18b -
Donald E. Perry, homme sole, by deed from Douglas
Call, Jr. and Edwina V. Call dated December 30, 1986
and recorded in Deed Book 2583 at page 1863.
SECTION II
A certified copy of this Ordinance shall be recorded in the
Clerk's Office of the Circuit Court of the City of Virginia Beach,
indexed in the name of City of Virginia Beach and Donald E. Perry, homme
sole, as if a deed to land.
SECTION Ill
This Ordinance shall be effective sixty (60) days from the
date of its passage.
RJN/7033.4.C
Adopted:
-2-
- 19 -
Item III-F.l.e.
PUBLIC HEARING
PLANNING ITEM # 27227
Gil Holt, President of Signet Enteprises, represented the applicant and advised
the applicant is proposing with the abandonment of the existing Thompkins Lane
to provide a new realignment of Thompkins Lane with City right-of-way
improvements that are standard with the the 50-feet.
OPPOSITION:
Russell L. Clark, 1315 Ferry Point Road - Phone: 424-3587, concerned relative
the increase in traffic.
Reverend Thomas Jennings, 1325 Church Street - Phone: 424-5957, represented
the Newlight Civic League, and concerned with the relocation of Thompkins
Lane.
Upon motion by Councilman Moss, seconded by Councliman Baum, City Council
DEF'ERRED for two weeks until the City Council Meeting of MaY 4, 1987, the
application of SIGNET ENTERPRISES for the discontinuance, closure and
abandonment of a portion of Thompkine Lane. As a part of said motion,
Councilman Moss requested, since this item had been expedited, the staff
investigate a more direct alignment, either straighten said alignment or look
at an alignment coming from Thompkins toward Matthews Way. A right turn would
be made on Matthews Way and Thompkins Lane would then deadend. The alignment
would then continue down that next street and make a left and what now
cul-de-sac's by the park would loop back up. The City Manager was also
requested to provide, if any, delayed police and fire response times.
Councilman Baum also requested the Staff advise the City's dilemma as better
circulation is in the overall best interest and poor planning results when
communities are not connected. Councilman Perry advised all of this land was
within the NEWLIGHT TARGET ARFA. Staff was requested to study the POLICY
STATEMENTS FOR COMMUNITY DEVELOPMENT NEIGHBORHOODS in June, 1985, to determine
any differences between said plan and the Staff's recommendation. The Applicant
will convene with Staff, Reverend Jennings and Mr. Clark to resolve problems in
connection with said Street Closure.
Application of Signet Enterprises, Ltd., for the
discontinuance, closure and abandonment of a
portion of Thompkins Lane located on the east side
of the Southern terminus of E. Goodview Drive,
running a distance of 1019.92 feet in a southerly
direction and running a distance of 117-57 feet in
a westerly direction. Said parcel is variable in
width from 30-38 feet to 20.11 feet and contains
26,615 square feet. Plats with more detailed
information are available in the Department of
Planning. KEMSPVILLE BOROUGH.
- 20 -
Item III-F.l.e
PUBLIC HEARING ITEM # 27227 (Continued)
PLANNING
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 21 -
Item III-F.l.f.
PUBLIC HEARING
PLANNING ITEM # 27228
Attorney Charles Salle' represented the applicant and requested a DEFERRAL to
comply with conditions.
Upon motion by Councilman Heischober, seconded by Councilman Perry, City
Council DEFERRED for sixty days unitl the City Council Meeting of June 22,
1987, an Ordinance for the discontinuance, closure and abandonment of a portion
of Pennsylvania Avenue and Jeanne Street in the petition of MOTOR CITY
ASSOCIATES.
Application of Motor City Associates for the
discontinuance, closure and abandonment of a
portion of Pennsylvania Avenue and Jeanne Street as
follows:
Pennsyvlania Avenue: Beignning at the northern
boundary of Jeanne Street and running in a
northerly direction a distance of 50 feet and is 50
feet in width.
Jeanne Street: Beginning at the eastern boundary
of North Witchduck Road and running in an easterly
direction a distance of 309 feet more or less and
is varialble in width from 80.83 feet to 60 feet.
Said parcels contain 23,503 square feet more or
less. BAYSIDE BOROUGH.
Voting: 8-3
Council Members Voting Aye:
John A. Baum, Robert E. Fentress, Harold Heischober,
Barbara M. Henley, Mayor Robert G. Jones, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
Albert W. Balko, Reba S. McClanan and John D. Moss
Council Members Absent:
None
- 22 -
Item III-F.l.g.
PUBLIC HEARING
PLANNING ITEM # 27229
The following spoke in support of the Sign Ordinances with some modifications:
B. H. "Pat" Bridges, Jr. , 713 Tilden Place, Phone: 422-5222 represented the
Virginia Beach Beautification Commission, and advised of their blanket
endorsement of proposed sign ordinances.
Robert Vakos, 29th & Atlantic Avenue, Phone: 428-5380, President of the
Virginia Beach Hotel-Motel Association, advised of disappointment concerning
not considering the City's encroachment policies and requested expedition of
this matter.
Kal Kassir, 2009 Alphine Road, Phone: 481-5511, President of the Virginia Beach
Restaurant Association, owner of The Corner Market Restaurant, supports those
changes to the Ordinance that address this problem; however certain
recommendations in the proposed Ordinance are restrictive. The Association
recomended certain changes: the addition of three desciptive words rather than
one as alocated in paragraph (b) (1) since same is restrictive and requested
"neon lighting" not be prohibited; also, requested an increased surface area
and not reduced to sixteen (16) square feet. (Section 944-1)
Tim Barrow, Chairman of the RESORT ARFA ADVISORY COMMISSION, endorsed the
Planning Commission's proposal but was in opposition to the restriction of
neon lighting and expressed expedition of the City's encroachment policies and
a series of design guildelines be presented for Council's consideration.
John Parros, Chairman of the Virginia Beach Restaurant Association Committee
that studied the sign ordinance, addressed the B-4 and B-5 Districts and
believed restrictions should be uniform. A cap was recommended on the window
signage.
Three alternatives of Article 9, Section 944.1 - Sign Regulations in the B-5
Resort-Commercial District were distributed.
Assistant City Attorney Bill Macali advised the Planning Commission will
consider, at its next meeting, an Ordinance that states Hotels/Motels located
within the B-4 District will have the same regulations as Hotel-Motels in the
H-2 District. By the same token, all other businesses located within B-4 will
appear under B-5 sign regulations. There are reasons for the disparity in
treatment. Assistant City Attorney Macali, in conjunction with Patrick
Janezeck, Director of Zoning, presented a slide display concerning graphic or
pictorial presentations. Assistant City Attorney Macali requested Section (d)
of the Staff recommendation relating to "logos" be inserted in Article 9,
Section 944.1 ALTERNATE AMENDMENT B.
Robert Loher, Director of Permits and Tnspections, advised the fiscal impact
concerning said Ordinances would be presented to City Council within the next
two weeks. The Staff will also present Design Guidelines to City Council.
- 23 -
Item III-F.l.g.
PUBLIC HEARING
PLANNING ITEM # 27229 (Continued)
Upon motion by Councilman Fentress, seconded by Vice Mayor Oberndorf, City
Council ADOPTED:
Ordinance to AMEND and REORDAIN the Comprehensive
Zoning Ordinance pertaining to sign regulations:
Article 2, Section 212 - Prohibited Signs
Article 2, Section 214 - Certain Signs (Free-
Standing);
Article 2, Section 215 - Nonconforming Signs;
Article 7, Section 705 - Sign Regulations in the
H-1 Hotel District;
Article 7, Section 715 - Sign Regulations in the
H-2 Resort Hotel District;
Article 8, Section 804 - Sign Regulations in the
0-1 Office District;
Article 9, Section 904 - Sign Regulations in the
B-1 Business-Residential District;
Article 9, Section 914 - Sign Regulations in the
B-2 Community-Business District;
Article 9, Section 924 - Sign Regulations in the
B-3 Central-Business District;
Article 9, Section 942 - Zoning Regulations in
the B-5 Resort-Commercial District;
Article 10, Section 1004 - Sign Regulations in
the I-1 Light Industrial District;
Article 15, Section 1504 - Sign Regulations in
the C-1 Arts and Conference District;
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
1
2
3
4
5
6
7 AN ORDINANCE TO AMEND AND REORDAIN
8 SECTION 212 OF THE COMPREHENSIVE
9 ZONING ORDINANCE OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA,
11 PERTAINING TO PROHIBITED SIGNS
12
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That section 212 of the Comprehensive Zoning ordinance
17 of the City of Virginia Beach, Virginia, pertaining to prohibited
18 signs, is hereby amended and reordained to read as follows:
19 Section 212. Signs prohibited in all districts.
20 The following signs shall be prohibited in all
21 districts:
22 (a) Signs which imitate an official traffic sign or
23 signal or which contain the words I'stop,ll "go slow," "caution,"
24 "danger," "warning," or similar words, except [as] provided in
25 section 211(d).
26 (b) Signs which are of a size, location, movement,
27 content, coloring, or manner of illumination which may be
28 confused with or construed as a traffic-control device or which
29 hide from view any traffic or street sign or signal or which
30 obstruct the view in any direction at a street or road
31 intersection.
32 (c) Signs in any public right-of-way, except as
33 provided in section 211(a).
34
35 enly-where-ueu-setbacks-are-aliewedT
36 (d) Signs which advertise an activity, business,
37 product, or service no longer produced or conducted on the
38 premises upon which the sign is located. Where the owner or
39 lessor of the premises is seeking a new tenant, such signs may
40 remain in place for not more than ninety (90) days from the date
41 of vacancy.
42 (e) Signs which contain or consist of pennants,
43 ribbons, streamers, spinners, strings of light bulbs, or other
44 similar moving devices. These devices, when not part of any
45 sign, are similarly prohibited.
46 (f) Signs which are pasted or attached to utility
47 poles, trees, or fences, or in an unauthorized manner to walls or
48 other signs.
49 (g) Signs advertising activities which are illegal
50 under federal, state or city laws or regulations.
51 (h) Any sign displayed on an automobile, truck, or
52 other motorized vehicle when that vehicle is used primarily for
53 the purpose of such advertising display.
54 (i) All portable or nonstructural signs. For purposes
55 of this ordinance, a sign shall be considered as nonstructural if
56 it has no permanently mounted, self-supporting structure or is
57 not an integral part of a building to which it is accessory.
58 (i) Signs oriented toward the Atlantic Ocean and
59 Chesapeake Bay beaches except for one sign per zoning lot to
60 identify the principal use located on that zoning lot. Such
61 sign, which may be illuminated, shall not have a total surface
62 area in excess of twenty (20) square feet.
63 (k) Signs projecting above the roof line or to a
64 height greater that three-fourths (3/4) of the vertical distance
65 between the eaves line and ridge line of any other type of roof;
66 provided, however, that signs mounted on parapet walls may extend
67 to a height equal to, but no greater than, the height of the
68 parapet wall.
69 (1) Signs in violation of Section 33-114.1 of this
70 Code.
71
72 Adopted this 20 day of April 1987, by the
73 Council of the City of Virginia Beach, Virginia.
74 WMM/lmt
75 12/01/86
76 CA-02070
77 \Ordin\Proposed\0212CZO.Pro
1
2
3
4
5
6
7 AN ORDINANCE TO AMEND AND REORDAIN
8 SECTION 214 OF THE COMPREHENSIVE
9 ZONING ORDINANCE OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA,
11 PERTAINING TO CERTAIN SIGNS
12
13
14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
15 VIRGINIA BEACH, VIRGINIA:
16 That Section 214 of the Comprehensive Zoning Ordinance
17 of the City of Virginia Beach, Virginia, pertaining to certain
18 signs, is hereby amended and reordained to read as follows:
19 Section 214. Height, setback and landscaping.
20 (a) No free-standing sign shall exceed twelve (12)
21 feet in height from ground level.
22 (b) No free-standing sign7-except-bilibeards7 shall be
23 set back less than seven (7) feet from any existing public right-
24 of-way; provided, however, that a free-standing sign having a
25 height of eight (8) feet or less may be set back five (5) feet
26 from any such right-of-way. The minimum sign setback from
27 interstate roadways and expressways designated by the city
28 council shall be one hundred (100) feet.
29 (c) There shall be a minimum of seventy-five (75)
30 square feet of landscaped area around any free-standing sign,
31 which area may include landscaping required by section 5A of the
32 Site Plan Ordinance. All such landscaping shall be maintained in
33 good condition at all times by the owner, lessee or occupant of
34 the premises upon which such sign is located.
3 5
3 6 Adopted this 20 day of April 1987, by
37 the Council of the City of Virginia Beach, Virginia.
38 wmm/lmt
39 12/01/86
40 CA-02073
41 /ordin/Proposed/0214CZO.Pro
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 215 OF THE COMPREHENSIVE
2 ZONING ORDINANCE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO NONCONFORMING SIGNS
5
6
7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OP
8 VIRGINIA BEACH, VIRGINIA:
9 That Section 215 of the Comprehensive Zoning Ordinance
10 of the City of Virginia Beach, Virginia, pertaining to
11 nonconforming signs, is hereby amended and reordained to read as
12 follows:
13 Section 215. Nonconforming signs.
14 (a) No nonconforming sign shall be structurally
15 altered, enlarged, moved or replaced unless the sign is brought
16 into compliance with the provisions of this ordinance. No
17 nonconforming sign shall be repaired at a cost in excess of fifty
18 (50) percent of its current replacement cost until the same shall
19 be brought in compliance with the provisions of this ordinance by
20 the landowner. All nonconforming signs in any district which are
21 not maintained in a continuous state of good repair and/or all
22 nonconforming signs which are abandoned for a period of two (2)
23 years shall be removed. For purposes of this ordinance section,
24 a sign shall be considered as abandoned if no copy or advertising
25 matter is exhibited on the advertising faces of the sign.
26 (b) Notwithstanding the provisions of subsection (a)
27 hereof, the zoning administrator may, at his discretion and with
28 the concurrence of the director of permits and inspections, vary
29 the requirements of this ordinance pertaining to the allowed
30 number of signs, total sign area, individual sign area, number of
31 free-standing signs and height of free-standing signs in cases in
32 which the owner of a sign or other proper party desires to
33 repair, replace, relocate or structurally alter an existing
34 nonconforming sign or combination of signs and such repair,
35 replacement, relocation or structural alteration is not required,
36 or has not been made necessary, by reason of damage, destruction,
37 deterioration, disrepair or noncompliance with applicable
38 building code standards or any of the provisions of this
39 ordinance; provided, however, that the regulations set forth in
40 subsections (c) and (d) of Section 944.1 of this ordinance shall
41 not be so varied.
42 (c) Nothing in this section shall be construed to
43 limit or otherwise impair the right of any proper party to apply
44 to the Board of Zoning Appeals for a variance from any of the
45 sign regulations set forth in this ordinance.
46 Adopted this 20 day of April 1987, by the
47 Council of the City of Virginia Beach, Virginia.
48 WMM/lmt
49 12/01/86
50 02/24/87
51 CA-02068
52 \Ordin\Proposed\0215CZO.Pro
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 705 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS IN
6 THE H-1 HOTEL DISTRICT
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 705 of the Comprehensive Zoning Ordinance
12 of the City of Virginia Beach, Virginia, pertaining to sign
13 regulations, is hereby amended and reordained to read as follows:
14 Section 705. Sign regulations.
15 (a) Within the H-1 Hotel District the same regulations
16 as apply in the R-1 Residential District and the A-1 Apartment
17 District shall apply and in addition:
18 (1) For each twenty (20) feet of principal frontage
19 adiaeent-to-a-street and for each forty (40) feet of lot line
20 adjoining a street, but not constituting frontage, not more than
21 one sign and not more than forty (40) square feet of surface area
22 of signage shall be permitted; provided, however, that no
23 establishment may shall have more than four (4) signs of which
24 one may be a free-standing signt; and provided further, that no
25 establishment having a frontage of less than one hundred (100)
26 feet shall have a free-standing sign. No establishment having a
27 frontage of at least one hundred (100) feet but less than or
28 equal to two hundred (200) feet shall have a free-standing sign
29 exceeding thirty-two (32) square feet of surface area per face,
30 and no establishment having a frontage of more than two hundred
31 (200) feet shall have a free-standing sign exceeding seventy-five
32 (75) square feet of surface area per face. No free-standing sign
33 shall exceed two (2) faces
34
35 feet-ef-surfaee-area, and no sign of any other type shall exceed
36 one hundred fifty (150) square feet of surface area. Any
37 establishment or property having less frontage or lot line
38 adjoining a street than required above may have one sign not
39 exceeding thirty (30) square feet of surface area.
40 (2) Signs advertising property for sale, lease or rent
41 shall be permitted, provided that no such sign shall exceed
42 thirty-two (32) square feet in area, that not more than two (2)
43 such signs shall be erected for each one hundred (100) feet of
44 lot line at the street right-of-way, and that not more than four
45 (4) such signs shall be erected on any property. Any property
46 having less frontage or lot line adjoining a street may have one
47 sign not exceeding thirty-two (32) square feet of surface area.
48 (b) All other uses shall have sign regulations as
49 specified in the district where the use is first permitted as a
50 principal use.
51 Adopted this 20 day of April 1987, by
52 the Council of the City of Virginia Beach, Virginia.
53 WMM/epm
54 12/01/86
55 03/04/87
56 03/05/87
57 04/13/87
58 CA-02071
59 \Ordin\Proposed\0705.pro
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 715 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Section 715 of the Comprehensive Zoning Ordinance
11 of the City of Virginia Beach, Virginia, pertaining to sign
12 regulations, is hereby amended and reordained to read as follows:
13 Section 715. Sign regulations.
14 Within the H-2 Resort Hotel District sign regulations
15 pertaining to hotels, motels, multiple family dwellings, parks,
16 playgrounds, community centers, botanical and zoological gardens
17 and other public buildings and uses shall be as permitted apply
18 in the H-1 Hotel District. Sign regulations pertaining to all
19 other uses and structures shall be as apply in the B-5 Resort
20 Commercial District.
21
22 Adopted this 20 day of April 1987, by the
23 Council of the City of Virginia Beach, Virginia.
24 WMM/lmt/epm
25 12/01/86
26 01/27/87
27 03/05/87
28 04/17/87
29 CA-02081
30 \Ordin\Proposed\0715.pro
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 804 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS IN
6 THE 0-1 OFFICE DISTRICT
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 804 of the Comprehensive Zoning ordinance
12 of the City of Virginia Beach, Virginia, pertaining to sign
13 regulations, is hereby amended and reordained to read as follows:
14 Section 804. Sign regulations.
15 Within the 0-1 Office District the following sign
16 regulations shall apply:
17 (a) For each forty (40) feet of prineipal frontage
18 and for each eighty (80) feet of lot line
19 adjoining a street, but not constituting frontage, not more than
20 one sign and not more than thirty-two (32) square feet of surface
21 area of signage shall be permitted; provided, however, that no
22 establishment may shall have more than two (2) signs of which one
23 may be a free-standing signt; and provided further, that no
24 establishment having a frontage of less than one hundred (100)
25 feet or less shall have a free-standing sign. No establishment
26 having a frontage of at least one hundred (100) feet but less
27 than or equal to two hundred (200) feet shall have a free-
28 standing sign exceeding thirty-two (32) square feet of surface
29 area per face, and no establishment having a frontage of more
30 than two hundred (200) feet shall have a free-standing sign
31 exceeding seventy-five (75) square feet of surface area per face.
32 No free-standing sign shall exceed two (2) faces
33
34 and no sign of any
35 other type shall exceed one hundred fifty (150) square feet of
36 surface area. Any establishment or property having less frontage
37 or lot line adjoining a street than required above may have one
38 sign not exceeding thirty-two (32) square feet.
39 (b) Where there is an established office or
40 institutional park containing five (5) or more establishments and
41 a minimum of forty thousand (40,000) square feet of land area,
42 there shall be permitted one center identification sign for each
43 principal entrance not exceeding two (2) faces, neither of which
44 shall exceed one hundred (100) square feet of surface area.
45 Where there is an established office or institutional park
46 containing at least ten (10) establishments and a minimum of
47 fifteen (15) acres of land, there shall be permitted one center
48 identification sign for each principal entrance not exceeding two
49 (2) faces, neither of which shall exceed one hundred fifty (150)
50 square feet of surface area.
51 (c) Signs advertising property for sale, lease or rent
52 shall be permitted, provided that no such sign shall exceed
53 thirty-two (32) square feet in area, that not more than two (2)
54 such signs shall be erected for each one hundred (100) feet of
55 lot line at the street right-of-way, and that not more than four
56 (4) such signs shall be erected on any property. Any property
57 having less frontage or lot line adjoining a street may have one
58 sign not exceeding thirty-two (32) square feet of surface area.
59
60 Adopted this 20 day of Ap,il 1987, by the
61 Council of the City of Virginia Beach, Virginia.
62 WMM/epm
63 12/01/86
64 03/04/87
65 03/05/87
66 04/13/87
67 CA-02072
68 \Ordin\Proposed\0804.pro
2
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 942 OF THE COMPREHENSIVE
2 ZONING ORDINANCE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO CERTAIN ZONING
5 REGULATIONS IN THE B-5 RESORT
6 COMMERCIAL DISTRICT.
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 942 of the Comprehensive zoning ordinance
12 of the City of Virginia Beach, Virginia, pertaining to certain
13 zoning regulations, is hereby amended and reordained to read as
14 follows:
15 Section 942. Regulations pertaining to minimum lot areas, lot
16 width, density, signat and height.
17 In regard to minimum lot areas, lot width, density,
18 sign97 and height, this district shall be governed by the same
19 regulations which govern the B-4 Resort Commercial District.
20
21 Adopted this 20 day of April 1987, by the
22 Council of the City of Virginia Beach, Virginia.
23 WMM/lmt
24 12/01/86
25 02/23/87
26 CA-02078
27 \Ordin\Proposed\0942CZO.Pro
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 904 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS IN
6 THE B-1 BUSINESS-RESIDENTIAL
7 DISTRICT
8
9
10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
11 VIRGINIA BEACH, VIRGINIA:
12 That Section 904 of the Comprehensive Zoning Ordinance
13 of the City of Virginia Beach, Virginia, pertaining to sign
14 regulations, is hereby amended and reordained to read as follows:
15 Section 904. Sign regulations.
16 In the B-1 Business-Residential District Signs shall be
17 permitted as follows:
18 (a) For each forty (40) feet of prinei!pai! frontage
19 ad@aeent--t@@@L-re&L- and for each eighty (80) feet of lot line
20 adjoining a street, but not constituting frontage, not more than
21 one sign and not more than thirty-two (32) square feet of surface
22 area of signage shall be permitted; provided, however, that no
23 establishment may shall have more than three (3) signs of which
24 one may be a free-standing signt; and provided further, that no
25 establishment having a frontage of less than one hundred (100)
26 feet shall have a free-standing sign. No establishment having a
27 frontage of at least one hundred (100) feet but less than or
28 equal to two hundred (200) feet shall have a free-standing sign
29 exceeding thirty-two (32) square feet of surface area per face,
30 and no establishment having a frontage of more than two hundred
31 (200) feet shall have a free-standing sign exceeding seventy-five
32 (75) square feet of surface area per face. No free-standing sign
33 shall exceed two (2) faces No-free-standing-sign-shall-exceed-two
34 f2t-feeesT-neither-of-whi:eh-shall-exceed-seventy-five-f@t-square
35 feet-Of-'S'd-r-fd@-&r*a, and no sign of any other type shall exceed
36 one hundred fifty (150) square feet of surface area. Any
37 establishment or property having less frontage or lot line
38 adjoining a street than required above may have one sign not
39 exceeding thirty-two (32) square feet.
40 (b) In connection with multiple-family dwellings, the
41 sign regulations applicable to the A-1 Apartment District shall
42 apply.
43 (c) Where there is an established neighborhood
44 commercial center containing five (5) or more establishments and
45 a minimum of forty thousand (40,000) square feet of land area,
46 one center identification sign for each principal entrance not
47 exceeding two (2) faces, neither of which shall exceed one
48 hundred (100) square feet of surface area. Such identification
49 sign shall specify only the name of the center.
50 (d) Signs advertising property for sale, lease or rent
51 shall be permitted, provided that no such sign shall exceed
52 thirty-two (32) square feet in area, that not more than two (2)
53 such signs shall be erected for each one hundred (100) feet of
54 lot line at the street right-of-way, and that not more than four
55 (4) such signs shall be erected on any property. Any property
56 having less frontage or lot line adjoining a street may have one
57 sign not exceeding sixteen (16) square feet of surface area.
58 (e) Beacon lights or search lights may be permitted
59 for advertising purposes for special events.
60 (f) To facilitate occupancy in a new neighborhood
61 shopping center containing a minimum of forty thousand (40,000)
62 square feet of land area, one temporary sign may be erected not
63 to exceed one hundred (100) square feet of surface area. Such
64 sign shall be removed when seventy (70) percent of the property
65 is occupied or leased, or after a period of twenty-four (24)
66 months, whichever comes first.
67 Adopted this 20 day of April 1987, by
68 the Council of the City of Virginia Beach, Virginia.
69 WMM/epm
70 12/01/86
71 03/04/87
72 03/05/87
73 04/13/87
74 CA-002074
75 \Ordin\proposed\0904.pro
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 914 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS IN
6 THE B-2 COMMUNITY BUSINESS DISTRICT
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 914 of the Comprehensive Zoning Ordinance
12 of the City of Virginia Beach, Virginia, pertaining to sign
13 regulations, is hereby amended and reordained to read as follows:
14 Section 914. Sign regulations.
15 In the B-2 CoMmUnity Business District the following
16 regulations shall apply:
17 (a) For each forty (40) feet of prineipal frontage
18 adiaeent-te--a-street and for each eighty (80) feet of lot line
19 adjoining a street, but not constituting frontage, not more than
20 one sign and not more than sixty (60) square feet of surface area
21 of signage shall be permitted; provided, however, that no
22 establishment may shall have more than three (3) signs of which
23 one may be a free-standing signv; and provided further, that no
24 establishment having a frontage of less than one hundred (100)
25 feet shall have a free-standing sign. No establishment having a
26 frontage of at least one hundred (100) feet but less than or
27 equal to two hundred (200) feet shall have a free-standing sign
28 exceeding thirty-two (32) square feet of surface area per face,
29 and no establishment having a frontage of more than two hundred
30 (200) feet shall have a free-standing sign exceeding seventy-five
31 (75) square feet of surface area per face. No free-standing sicjn
32 shall exceed two (2) faces Ne-free-standing-sign-shall-emeeed-twe
33 +2+-Eaees7-meither-ef-whieh-shall-emeeed-seventy-five-+75+-square
34 feet-ef--surfaee-area, and no sign of any other type shall exceed
35 one hundred fifty (150) square feet of surface area. Any
36 establishment or property having less frontage or lot line
37 adjoining a street than required above may have one sign not
38 exceeding forty (40) square feet.
39 (b) Where there is an established neighborhood
40 commercial center containing five (5) or more establishments and
41 a minimum of forty thousand (40,000) square feet of land area,
42 one center identification sign for each principal entrance not
43 exceeding two (2) faces, neither of which shall exceed one
44 hundred (100) square feet of surface area. Where there is an
45 established community or regional commercial center containing a
46 minimum of ten (10) establishments and fifteen (15) acres of
47 land, one center identification sign for each principal entrance
48 not exceeding two (2) faces, neither of which shall exceed one
49 hundred fifty (150) square feet of surface area. Any such center
50 identification sign shall specify only the name of the center.
51 (c) Signs advertising property for sale, lease or rent
52 shall be permitted, provided that no such sign shall exceed
53 thirty-two (32) square feet in area, that not more than two (2)
54 such signs shall be erected for each one hundred (100) feet of
55 lot line at the street right-of-way, and that not more than four
56 (4) such signs shall be erected on any property. Any property
57 having less frontage or lot line adjoining a street may have one
58 sign not exceeding thirty-two (32) square feet of surface area.
59 tdt On-unimproved-property7-for-each-two-hundred-t266t
60 feet-@- @i-gri.-and
61 not-@-t*&rc-+iTr@ -t366t- -@t- - -area
62 shall-be-permittedt
63 (e) Beacon lights or search lights may be permitted
64 for advertising purposes for special events.
65 (f) To facilitate occupancy in a community commercial
66 center containing a minimum of fifteen (15) acres of land, one
67 temporary sign may be erected not to exceed two (2) faces,
68 neither of which shall exceed one hundred fifty (150) square feet
69 of surface area. In a regional commercial center containing a
70 minimum of thirty (30) acres of land, one temporary sign may be
71 erected not to exceed two (2) faces, neither of which shall
72 exceed two hundred (200) square feet of surface area. Signs
73 shall be removed when seventy (70) percent of the property is
2
74 occupied or leased, or after a period of twenty-four (24) months,
75 whichever comes first.
76 Adopted this 20 day of April 1987, by
77 the Council of the City of Virginia Beach, Virginia.
78 WMM/epm
79 12/01/86
80 02/26/87
81 03/04/87
82 03/05/87
83 04/14/87
84 CA-02075
85 \Ordin\Proposed\0914.pro
3
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 924 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS IN
6 THE B-3 CENTRAL BUSINESS DISTRICT
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 924 of the Comprehensive zoning ordinance
12 of the City of Virginia Beach, Virginia, pertaining to sign
13 regulations, is hereby amended and reordained to read as follows:
14 Section 924. Sign regulations.
15 In the B-3 Community Business District the following
16 regulations shall apply:
17 (a) For each forty (40) feet of frontage adiaeent-to-a
18 street and for each eighty (80) feet of lot line adjoining a
19 street, but not constituting frontage, not more than one sign and
20 not more than sixty (60) square feet of surface area of signage
21 shall be Permitted; provided, however, that no establishment may
22 shall have more than three (3) signs of which one may be a free-
23 standing signt; and provided further, that no establishment
24 having a frontage of less than one hundred (100) feet shall have
25 a free-standing sign. No establishment having a frontage of at
26 least one hundred (100) feet but less than or equal to two
27 hundred (200) feet shall have a free-standing sign exceeding
28 thirty-two (32) square feet of surface area per face, and no
29 establishment having a frontage of more than two hundred (200)
30 feet shall have a free-standing sign exceeding seventy-five (75)
31 square feet of surface area per face. No free-standing sign
32 shall exceed two (2) faces
33
34 feet-ef--surfaee-area, and no sign of any other type shall exceed
35 one hundred fifty (150) square feet of surface area. Any
36 establishment or property having less frontage or lot line
37 adjoining a street than required above may have one sign not
38 exceeding forty (40) square feet.
39 (b) Where there is an established neighborhood
40 commercial center containing five (5) or more establishments and
41 a minimum of forty thousand (40,000) square feet of land area,
42 one center identification sign for each principal entrance not
43 exceeding two (2) faces, neither of which shall exceed one
44 hundred (100) square feet of surface area. Where there is an
45 established community or regional commercial center containing
46 ten (10) or more establishments and a minimum of fifteen (15)
47 acres of land, one center identification sign for each principal
48 entrance not exceeding two (2) faces, neither of which shall
49 exceed one hundred fifty (150) square feet of surface area. Any
50 such center identification sign shall specify only the name of
51 the center.
52 (c) Signs advertising property for sale, lease or rent
53 shall be permitted, provided that no such sign shall exceed
54 thirty-two (32) square feet in area, that not more than two (2)
55 such signs shall be erected for each one hundred (100) feet of
56 lot line at the street right-of-way, and that not more than four
57 (4) such signs shall be erected on any property. Any property
58 having less frontage or lot line adjoining a street may have one
59 sign not exceeding thirty-two (32) square feet of surface area.
60
61 Adopted this 20 day of April 1987, by
62 the Council of the City of Virginia Beach, Virginia.
63 W14M/epm
64 12/01/86
65 03/04/87
66 03/05/87
67 04/14/87
68 CA-02076
69 /Ordin/Proposed/0924.pro
2
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 1004 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS IN
6 THE I-1 LIGHT INDUSTRIAL DISTRICT
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 1004 of the Comprehensive Zoning ordinance
12 of the City of Virginia Beach, Virginia, pertaining to sign
13 regulations, is hereby amended and reordained to read as follows:
14 Section 1004. Sign regulations.
15 In the I-1 Light Industrial District signs shall be
16 permitted as follows:
17 (a) For each forty (40) feet of prineipal frontage
18 and for each eighty (80) feet of lot line
19 adjoining a street, but not constituting frontage, not more than
20 two (2) signs and not more than eighty (80) square feet of sign
21 surface area of signage shall be Permitted; provided, however,
22 that no establishment may shall have more than four (4) signs of
23 which one may be a free-standing signt; and provided further,
24 that no establishment having a frontage less than of one hundred
25 (100) feet or less shall have a free-standing sign. No
26 establishment having a frontage at least one hundred (100) feet
27 but less than or equal to two hundred (200) feet shall have a
28 free-standing sign exceeding thirty-two (32) square feet of
29 surface area per face, and no establishment having a frontage of
30 more than two hundred (200) feet shall have a free-standing sign
31 exceeding seventy-five (75) square feet of surface area per face.
32 No free-standing sign shall exceed two (2) faces Ne-free-standing
33
34 and no sign of any
35 other type shall exceed one hundred fifty (150) square feet of
36 surface area. Any establishment or property having less frontage
37 or lot line adjoining a street than required above may have one
38 sign not exceeding sixty (60) square feet.
39 (b) Where there is an established industrial park
40 containing three (3) or more establishments and a minimum of ten
41 (10) acres of land area, one park identification sign for each
42 principal entrance or frontage not exceeding two (2) faces,
43 neither of which shall exceed one hundred fifty (150) square feet
44 of surface area. Where there is a major established industrial
45 park containing three (3) or more establishments and a minimum of
46 thirty (30) acres of land area, one park identification sign not
47 exceeding two (2) faces, neither of which shall exceed two
48 hundred (200) square feet. Such identification sign shall
49 specify only the name and address of the park, and the names of
50 individual tenants occupying such parks.
51 (c) Beacon lights or search lights may be permitted
52 for advertising purposes for special events.
53 (d) Signs advertising property for sale, lease or
54 rent, provided that no such sign shall exceed thirty-two (32)
55 square feet in area, that not more than two (2) such signs shall
56 be erected for each one hundred (100) feet of lot line at the
57 street right-of-way, and that not more than four (4) such signs
58 shall be erected on any property. Any property having less
59 frontage or lot line adjoining a street may have one sign not
60 exceeding thirty-two (32) square feet of surface area.
61 (e) To facilitate occupancy in new industrial parks, a
62 temporary sign may be erected at each principal entrance to
63 facilitate occupancy. In an industrial park containing a minimum
64 of ten (10) acres of land area, one sign at each principal
65 entrance may be erected not to exceed two (2) faces, neither of
66 which shall exceed one hundred fifty (150) square feet of surface
67 area. In a new major industrial park containing a minimum of
68 thirty (30) acres of land area, one sign at each principal
69 entrance may be erected not to exceed two (2) faces, neither of
70 which shall exceed two hundred (200) square feet. Signs must be
71 removed when seventy (70) percent of the property is occupied or
72 leased, or after a period of twenty-four (24) months, whichever
73 comes Eirst.
2
74 +Et 8n-dnimproved-15ral5ertyT-Eer-each-two-hundred-f29Ot
75 f-eet-@- @ mo@-than-,"@
76 not-mare-than-f+ve-hundred-fSBOt-square-feet-of-edrface-area7
77 Adopted this 20 day of April 1987, by
78 the Council of the City of Virginia Beach, Virginia.
79 W14M/epm
80 12/01/86
81 02/26/87
82 03/04/87
83 03/05/87
84 04/14/87
85 CA-02077
86 /Ordin/Proposed/1004.pro
3
AN ORDINANCE TO AMEND AND REORDAIN
1 SECTION 1504 OF THE COMPREHENSIVE
2 ZONING ORDINANCE OF THE CITY OF
3 VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO SIGN REGULATIONS IN
5 THE C-1 ARTS AND CONFERENCE
6 DISTRICT.
7
8
9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
10 VIRGINIA BEACH, VIRGINIA:
11 That Section 1504 of the Comprehensive Zoning Ordinance
12 of the City of Virginia Beach, Virginia, pertaining to sign
13 regulations, is hereby amended and reordained to read as follows:
14 Section 1504. Sign regulations.
15 Within a the C-1 Arts and Conference DiStrict the
16 following regulations shall apply:
17 (a) For- ip&l--iteritage
18 adjacent--t@-&@t-reet--and-@- -&@t-f
19 i--rmt--marL--than
20 (5ne-sign-and-not-more-than-thirty-two-f3it-sqdare-feet-of-surface
21 area-, -prov-ided- es-lab+ @-it@-more-than
22
23
24 moteiT-the-@TA@
25 shall-@ -ttm-f 2t
26 faeest-@ -seventy-five--(-@-sqdare
27 feet-of es@ @-p r-tT-havirtg-less
28 -f rentage-eT--l-ot--l-i@@j,&ift@-&-street
29 may- exeeedi-nq-@ -ti2t- -feet-r
30 Sign regulations pertaining to hotels and motels within the C-1
31 Arts and Conference District shall be as apply in the H-2 Resort
32 Hotel District. Sign regulations pertaining to all other uses
33 and structures shall be as apply in the B-5 Resort Commercial
34 District.
35 (b) Where there is an established neighborhood
36 commercial center containing five (5) or more establishments and
37 a minimum of sixty thousand (60) square feet of land area, one
38 center identification sign for each principal entrance not
39 exceeding two (2) faces, neither of which shall exceed one
40 hundred (100) square feet of surface area. Such identification
41 sign shall specify only the name of the center.
42 (c) Signs advertising property for sale, lease or
43 rent, provided that no such sign shall exceed thirty-two (32)
44 square feet in area, that not more than two (2) such signs shall
45 be erected for each one hundred (100) feet of lot line at the
46 street right-of-way and that not more than four (4) such signs
47 shall be erected on any property. Any property having less
48 frontage or lot line adjoining a street may have one sign not
49 exceeding sixteen (16) square feet of surface area.
50 (d) Beacon lights or search lights may be permitted
51 for advertising purposes for special events.
52
53 Adopted this 20 day of April 1987, by
54 the Council of the City of Virginia Beach, Virginia.
55 WMM/lmt
56 12/02/86
57 02/23/87
58 CA-02079
59 /Ordin/Proposed\1504CZO.Pro
2
- 24 -
Item ITI-F.l.g.
PUBLIC HEARING
PLANNING ITEM # 27229 (Continued)
Upon motion by Councilman Fentress, seconded by Councilwoman Parker, City
Council ADOPTED ALERNATIVE AMENDMENT B, (proposed by Councilman Fentress), as
AMENDED, Ordinance to AMEND and REORDAIN the Comprehensive Zoning Ordinance
pertaining to sign regulations.
The words " ... or not more than sixteen (16) square feet ... " shall be on page
2, Subsection (c) after the words " ... greater than twenty percent (20%) of the
surface area... 11.
The Staff's recommendation concerning graphic or pictorial prsentations shall
also be inserted:
(d) Signs contianing or consisting of graphic or
pictorial representations shall be permitted;
provided, however that the combined surface area
occupied by such graphic or pictorial
representations shall not be more than twenty
percent (20%) of the total sign allotment of an
establishment O,. four (4 ) square feet, whichever is
less.
Article 9, Section 944-1 - Sign Regulations in the
B-5 Resort-Commercial District;
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 944.1 OF THE COMPREHENSIVE
3 ZONING ORDINANCE OF THE CITY OF
4 VIRGINIA BEACH, VIRGINIA,
5 PERTAINING TO SIGN REGULATIONS IN
6 THE B-5 RESORT COMMERCIAL DISTRICT
7
8
9 WHEREAS, the B-5 Resort Commercial District comprises a
10 substantial and central portion of the City's resort area; and
11 WHEREAS, the resort area is a unique and invaluable
12 asset to the City and to the City's residents as a place offering
13 a variety of recreational activities and as a center of tourism
14 generating substantial revenue to promote the general welfare of
15 the City and its residents; and
16 WHEREAS, the revitalization of the resort area and its
17 continued viability as a center of tourism and recreation will be
18 promoted by enhancing the aesthetic qualities of the resort area;
19 and
20 WHEREAS, the number, s i z e ,design and other
21 characteristics of signs in the B-5 Resort Commercial District
22 have a significant impact upon the attractiveness of the resort
23 area to tourists and residents of the City;
24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
25 THE CITY OF VIRGINIA BEACH, VIRGINIA:
26 That Section 944.1 of the Comprehensive Zoning
27 Ordinance of the City of Virginia Beach, Virginia, pertaining to
28 sign regulations, is hereby added to read as follows:
29 Section 944.1. Sign regulations.
30 (a) The B-5 Resort Commercial District is hereby
31 declared a special sign district, in which the following
32 regulations shall apply. The provisions of this section shall be
33 in addition to, and not in lieu of, any other ordinance or
34 regulation pertaining to signs, and to the extent that any
35 provision of this section conflicts with any other ordinance or
36 regulation, the provision of this section shall control.
37 (b) Within the B-5 Resort Commercial District, no sign
38 shall;
39 (1) Contain any commercial matter other than the name
40 of the establishment and not more than two words
41 designating the type of establishment advertised
42 thereby;
43 (2) Contain, consist of, be illuminated by, or be
44 attached or connected to any moving, flashing,
45 blinking, alternating or pulsating lights or lights
46 changing in intensity, except lights indicating the
47 temperature or time of day in alternating cycles of not
48 less than five seconds;
49 (3) Be permitted to remain in a state of disrepair or
50 deterioration for any period of time longer than is
51 necessary to effect the repair or restoration of such
52 sign. For purposes of this section, the terms
53 "disrepair" and "deterioration" shall include, but not
54 be limited to, the chipping, cracking, peeling or
55 excessive fading of paint or other coloration, and
56 damage to the advertising face or other component of
57 any sign.
58 (c) No sign located on or in any window, or located
59 behind any window in such manner as to attract the attention of
60 persons outside of the establishment, shall have a surface area
61 greater than twenty percent (20%) of the surface area of such
62 window, not to exceed sixteen (16) square feet.
63 (d) Signs containing or consisting of graphic or
64 pictorial representations shall be permitted; provided, however,
65 that the combined surface area occupied by such graphic or
66 pictorial representations shall not be more than twenty percent
67 (20%) of the total sign allotment of an establishment or four (4)
68 square feet, whichever is less.
69 (e) For each forty (40) feet of frontage, and for each
70 eighty (80) feet of lot line adjoining a street but not
71 constituting frontage, not more than one sign and not more than a
2
7 2 total of sixteen (16) square feet of surface area of signage
73 shall be permitted; provided, however, that no establishment
74 shall have more than two (2) signs of which one may be a free-
75 standing sign; and provided further, that no establishment having
76 a frontage of less than one hundred (100) feet shall have a free-
77 standing sign. No free-standing sign shall exceed two (2) faces,
78 neither of which shall exceed thirty-two (32) square feet of
79 surface area, and no sign of any other type shall exceed seventy-
80 five (75) square feet of surface area. Any establishment having
81 less frontage or lot line adjoining a street than is required
82 hereinabove may have one (1) sign not exceeding sixteen (16)
83 square feet of surface area.
84 (f) Sign regulations pertaining to multiple-family
85 dwellings shall be the same as those applying in the A-1
86 Apartment District.
87 (g) Where there is an established neighborhood
88 commercial center containing at least five (5) establishments and
89 at least forty thousand (40,000) square feet of land area, there
90 shall be not more than one (1) center identification sign for
91 each principal entrance. No such sign shall have more than two
92 (2) faces, neither of which shall exceed thirty-two (32) square
93 feet of surface area. Such center identification sign shall
94 contain only the name of the center.
95 (h) Signs advertising property for sale, lease or rent
96 shall be permitted; provided, however, that no such sign shall
97 exceed sixteen (16) square feet in surface area. Not more than
98 two (2) signs shall be permitted for any property having more
99 than one hundred (100) feet of lot line at the street right-of-
100 way, and any property having less than one hundred feet of such
101 lot line shall have no more than one sign not exceeding sixteen
102 (16) feet of surface area.
103 (i) Beacon lights or search lights may be permitted
104 for purposes of advertisement of special events for a period not
105 in excess of forty-eight (48) hours.
3
106 (j) To facilitate occupancy in a new neighborhood
107 commercial center containing at least forty thousand (40,000)
108 square feet of land area, there shall be not more than one (11
109 temporary sign, which shall not exceed thirty-two (32) square
110 feet of surface area. Such sign shall be removed when seventy
ill percent (70%) of the property is occupied or leased or after a
112 period of twenty-four (24) months, whichever event first occurs.
113 (k) The provisions of this section shall not app@to
114 hotels and motels within the B-5 Resort Commercial District.
115 Sign regulations pertaining to hotels and motels shall be as
116 apply in the H-2 Resort Hotel District.
117 (1) The provisions of this section shall be deemed to
118 be severable, and if any of the provisions hereof be adjudged to
119 be invalid or unenforceable, the remainder of this section shall
120 remain in full force and effect and its validity shall remain
121 unimpaired.
122 Adopted this 20 day of April 1987, by
123 the Council of the City of Virginia Beach, Virginia.
124 WMM/epm
125 12/02/86
126 02/23/87
127 03/04/87
128 03/05/87
129 04/14/87
130 04/17/87
131 04/20/87
132 04/21/87
133 CA-02085
134 /Ordin/Proposed\0944-l.pro
4
- 25 -
Item III-G.1
ORDINANCE ITFM # 27230
Upon motion by Councilman Fentress, seconded by Councliman Balko, City Council
ADOPTED, with request to the Planning Commission that same be EXPEDITED:
Resolution referring to the Planning Commission a
proposed Amendment to Section 233 of the
Comprehensive Zoning Ordinance pertaining to
Recreational Campgrounds
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
- 25a -
1 A RESOLUTION REFERRING A PROPOSED
1 AMENDMENT TO SECTION 233 OF THE
2 COMPREHENSIVE ZONING ORDINANCE TO
3 THE PLANNING COMMISSION.
4
5
6 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA
7 BEACH, VIRGINIA:
8 That the proposed amendment to Section 233 of the
9 Comprehensive Zoning Ordinance of the City of Virginia Beach
10 hereto attached is hereby referred to the Planning Commission for
11 consideration and formal action within thirty (30) days from the
12 date of adoption of this Resolution.
13
14 Adopted by the Council of the City of Virginia Beach,
15 Virginia, on this 20 day of April 1987.
16 WMM/lmt
17 04/15/87
18 CA-02230
19 /Ordin/Proposed/0233.res
APPROVED AS TO CONTENT
DEPAR-MENT
@,IED -1-70
ci I yI
DRAFT
1 Requested by Councilmembers Robert Fentress and Reba McClanan
2
3
4 AN ORDINANCE TO AMEND AND REORDAIN
5 SECTION 233 OF THE COMPREHENSIVE
6 ZONING ORDINANCE OF THE CITY OF
7 VIRGINIA BEACH, VIRGINIA,
8 PERTAINING TO RECREATIONAL
9 CAMPGROUNDS.
10
11
12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
13 VIRGINIA BEACH, VIRGINIA:
14 That Section 233 of the Comprehensive Zoning Ordinance
15 of the city of Virginia Beach, Virginia, is hereby amended and
16 reordained as follows:
17 Section 233. Recreational campgrounds.
18 Recreational campgrounds shall be subject to the
19 following conditions:
20 (a) Physical character of site. Condition of soil,
21 groundwater level, drainage and topography shall
22 not create hazards to the property or the health
23 or safety of the occupants. The site shall not be
24 exposed to objectionable smoke, noise, odors, or
25 other adverse influences, and no portion subject
26 to unpredictable and/or sudden flooding, sub-
27 sidence or erosion shall be used for any purpose
28 which would expose persons or property to hazards.
29 (b) Location and access. No recreational campground
30 shall be created in any location unless it is
31 served by roads so located and improved as to
32 assure safe access during periods of operation.
33 (c) Permitted principal uses and structures are as
34 follows:
35 (1) Uses of transportable recreational housing
36 for continuous periods not in excess of
37 twentv-eight (28) days, other than for long
38 term occupancy as dwelling units, except as
39 specified in subsection (d) below hereof,
40 provided that storage of unoccupied units not
41 in a condition for safe occupancy and sale of
42 units shall be prohibited.
43 (2) Structures and uses required for the
44 operation, maintenance and management of the
45 recreational campground.
46 (d) Permitted accessory uses and structures. Includes
47 uses and structures customarily accessory and
48 clearly incidental and subordinate to permitted
49 uses and structures, including permanent mobile
50 homes with a maximum of one mobile home per one
51 hundred fifty (iso) recreational campground
52 spaces, not to exceed five (5) mobile homes, for
53 the specific purpose of occupancy of employees
54 operating and maintaining the recreational
55 campground.
56 (e) Permissible uses and structures. In addition to
57 principal and accessory uses and structures
58 permitted by right, facilities planned for
59 development as part of the district and promoting
60 the comfort, convenience or enjoyment of campers
61 within the district may be permitted by the
62 governing body subject to limitations and
63 requirements stated below in particular, and to
64 such additional conditions and safeguards as may
65 be established by the governing body as
66 appropriate to the circumstances of the particular
67 district and its relation to surrounding property.
68 Such facilities include the following:
69 (1) Recreational campground convenience
70 establishments. Establishments for the sale
71 or rental of supplies or for provision of
72 services, for satisfaction of daily or
73 f--equent needs of campers, within the
74 district may be permitted. Such estab-
2
75 lishments include those providing groceries,
76 ice, sundries, bait, fishing equipment, self-
77 service laundry equipment and the like but
78 not sale of gasoline to automobiles. Such
79 establishments shall be designed to serve
80 only the needs of campers within the
81 campground, but shall not, including their
82 parking areas, occupy more than two (2)
83 percent of the area of the campground and
84 shall not be so located as to attract
85 patronage from outside the grounds, nor to
86 have adverse effects on surrounding land
87 uses.
88 (2) Marinas, launching ramps. Marinas, launching
89 ramps and the like may be permitted when
90 appropriate to the character and location of
91 the campground, provided that such instal-
92 lations shall not provide facilities for long
93 term storage of boats other than those rented
94 in connection with the campground operation,
95 or for major repair or overhaul of boats.
96 Requirements and restrictions applied in
97 particular cases may include limitations on
98 hours and manner of operation, requirements
99 for appropriate parking space for boat
100 trailers, and the like.
101 (f) Minimwn dimensional requirements:
102 (1) Minimum area for creation of a recreational
103 campground shall be twenty-five (25) acres.
104 At the opening of any recreational campground
105 for occupancy by units, all required
106 facilities and improvements shall have been
107 completed, and the minimum number of spaces
108 available and ready for occupancy shall be
109 fifty (50). Maximum density in recreational
3
110 campgrounds shall not exceed twelve (12)
ill spaces per acre. Signs shall be as allowed
112 in the district where the use is first
113 permitted as a conditional use.
114 (2) Recreation area. Not less than eight (8)
115 percent of the area of the recreational
116 campground shall be devoted to recreation
117 area. Such recreation area may include space
118 for common walkways and related landscaping
119 in block interiors provided that such common
120 open space is at least twenty (20) feet in
121 width, as passive recreation space, but shall
122 include at least half of the total required
123 recreational area in facilities for active
124 recreation, such as swimming pools or
125 beaches, ballfields, shuffleboard courts,
126 play lots for small children and the like, of
127 a nature so designed to serve the type of
128 campers anticipated and so located as to be
129 readily available from all spaces and free
130 from traffic hazards.
131 Adopted by the Council of the City of Virginia Beach,
132 Virginia, on the _ day of 1987.
133 WMM/lmt
134 04/15/87
135 CA-86-02232
136 \Ordin\Proposed\0233czo.Pro
4
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Item III-H.
CONSENT AGENDA ITEM # 27231
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
City Council APPROVED in ONE MOTION Items 1 *AS AMENDED, 2, 4, 5, 6, 7 and 8 of
the CONSENT AGENDA.
Item 3 was pulled for a separate vote.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
- 27 -
Item III-H.l.
CONSENT AGENDA ITEM # 27232
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED, *AS AMENDED:
Ordinance to AMEND and REORDAIN Section 21-364 of
the Code of the City of Virginia Beach, Virginia,
pertaining to General Parking Prohibitions.
4@The City Attorney distributed an AMENDED version
with the words "against the direction of traffic"
added after the words "two-way street" in Section
(a) (10).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
1 AN ORDINANCE TO AMEND AND REORDAIN
2 SECTION 21-364 OF THE CODE OF THE
3 CITY OF VIRGINIA BEACH, VIRGINIA,
4 PERTAINING TO GENERAL PARKING
5 PROHIBITIONS.
6
7
8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
9 VIRGINIA BEACH, VIRGINIA:
10 That Section 21-364 of the Code of the City of Virginia
11 Beach, Virginia, is hereby amended and reordained as follows:
12 Section 21-364. General parking prohibitions.
13 (a) No person shall park a vehicle, except when
14 necessary to avoid conflict with other traffic or in compliance
15 with the directions of a police officer or traffic-control
16 device, in any of the following places:
17 (1) Within fifteen (15) feet of a fire hydrant.
18 (2) Within any designated fire lane.
19 (3) At any place so as to block any fire department
20 connection.
21 (4) Within fifteen (15) feet of the driveway entrance
22 to any fire station and, on the side of a street
23 opposite the entrance to any fire station, within
24 seventy-five (75) feet of the entrance, when
25 properly signposted.
26 (5) Within fifteen (15) feet of the entrance to a
27 building housing rescue squad equipment or
28 ambulances, provided such buildings are plainly
29 designated.
30 (6) In front of a public or private driveway.
31 (7) Within an intersection.
32 (8) On the roadway side of any vehicle parked at the
33 edge or curb of a street (double parking).
34 (9) Upon any bridge or other elevated structure upon a
35 street or highway or within a tunnel.
36 (10) On the left-hand side of roadway of two-way street
37 against the direction of traffic.
38 (b) No person shall park a vehicle, except when
39 necessary to avoid conflict with other traffic or in compliance
40 with the directions of a police officer or traffic-control
41 device, in any of the following places:
42 (1) On a sidewalk.
43 (2) On crosswalk.
44 (3) Within twenty (20) feet of a crosswalk at an
45 intersection; provided, however, that where there
46 is no crosswalk at an intersection, no person
47 shall so park a vehicle within twenty (20) feet
48 from the intersection of curb lines or, if none,
49 then within fifteen (15) feet of the intersection
50 of property lines.
51 (4) Within thirty (30) feet upon the approach to any
52 flashing beacon, stop sign or traffic-control
53 signal located at the side of a roadway.
54 (5) Between a safety zone and the adjacent curb or
55 within thirty (30) feet of points on the curb
56 immediately opposite the ends of a safety zone,
57 unless a different length is indicated by official
58 signs or markings.
59 (6) Within fifty (50) feet of the nearest rail of a
60 railroad grade crossing.
61 (7) Alongside or opposite any street excavation or
62 obstruction, when such parking would obstruct
63 traffic.
64 (8) At any place where official signs prohibit,
65 reserve or restrict parking.
66 (9) In a residential or apartment district (area) if
67 such vehicle is a commercial vehicle in excess of
68 twenty (20) feet in length and/or seven (7) feet
69 in height. This restriction shall not apply to
70 commercial vehicles parked while engaged in the
71 normal conduct of business or in the delivery of
2
72 provision of goods or services in a residential or
73 apartment district (area).
74 (c) When a notice or citation is attached to a vehicle
75 found parked in violation of any provision of this section, the
76 owner of the vehicle may, within three (3) city working days
77 thereafter, pay to the city treasurer, in satisfaction of such
78 violation, a penalty of fifteen dollars ($15.00), for a violation
79 of any provision of subsection (a), or ten dollars ($10.00) for a
80 violation of any provision of subsection (b), for each hour or
81 fraction thereof during which such vehicle was unlawfully parked.
82 Such payment shall constitute a plea of guilty of the violation
83 in question. If such payment is not postmarked or received by
84 the city treasurer within three (3) working days of the city
85 after receipt of such notice or citation, the penalty shall be
86 thirty dollars $30 . 00 )for a violation of any provision of
87 subsection (a) of this section and twenty dollars ($20.00) for a
88 violation of any provision of subsection (b) of this section.
89 (d) The failure of any owner to make payment in accord
90 with subsection (c) above or present the notice or citation for a
91 violation of this section at any office of the city treasurer for
92 certification to the general district court, within thirty (30)
93 days, shall render such owner, upon conviction of such violation,
94 subject to a fine of not more than fifty dollars ($50.00).
95 Adopted by the Council of the City of Virginia Beach,
96 Virginia, on the 20 day of April 1987.
97
98 WEB/lmt/epm
99 02/03/87
100 04/17/87
101 CA-86-02150
102 (ordin\proposed\21-364.pro)
103
3
- 28 -
Item III-H.2.
CONSENT AGENDA ITEM # 27233
Upon motion by Councilman Baum seconded by Councilwoman Parker, City Council
ADOPTED:
Ordinance approving an amendment for Methane Gas
Recovery to the Landfill Lease Agreement between
the American Gas Recovery Corporation and the City
of Virginia Beach and approving an assignment of
the Lease as amended to Biogas Recovery Partners,
Incorporated, and authorizing and directing the
City Manager to execute same.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
1 AN ORDINANCE APPROVING AN AMENDMENT TO THE
2 LANDFILL LEASE AGREEMENT BETWEEN THE AMERICAN
3 GAS RECOVERY CORPORATION AND THE CITY OF
4 VIRGINIA BEACH, AND APPROVING AN ASSIGNMENT
5 OF THE LEASE AS AMENDED TO BIOGAS RECOVERY
6 PARTNERS, INC. AND AUTHORIZING AND DIRECTING
7 THE CITY MANAGER TO EXECUTE SAME
8
9 WHEREAS, by Ordinance adopted on June 24, 1985 the city
10 Council did approve and direct the City Manager to enter into a
11 lease agreement with the American Gas Recovery Corporation for
12 recovery of gas from Landfill II, and
13 WHEREAS, American Ga-s Recovery Corporation has
14 requested that the said lease agreement be amended and that it
15 (American Gas Recovery Corporation) be authorized to assign the
16 lease as amended to Biogas Recovery Partners, Inc., and
17 WHEREAS, it is the opinion of the City Council of the
18 City of Virginia Beach that it is in the best interest of the
19 City of Virgini.a Beach that the lease agreement be amended and
20 assigned as requested by American Gas Recovery Corporation.
21 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
22 VIRGINIA BEACH, VIRGINIA:
23 1. That the Amendment No. 1 to the Landfill Gas Lease
24 Agreement attached hereto as Exhibit A is hereby approved, and
25 the City Manager is authorized and directed to execute same on
26 behalf of the City of Virginia Beach.
27 2. That the Assignment Consent Agreement attached
28 hereto as Exhibit B is hereby approved, and the City Manager is
29 authorized and directed to execute same on behalf of the City of
30 Virginia Beach.
31 This ordinance shall be effective from the date of its
32 Adoption.
33 Adopted by the Council of the City of Virginia Beach on
3 4 the 20 day of April 1987.
35 GLF/rab
36 4/'3/87 "PITOVED AS T(,) (7@ 5
37
38 P.
'@.--NATII
'fC) LcC.'@'
L -1-
.,,Cf AIND FC,,RivA
CITY ATTORNEY
7- .4
Amendment No. 1
Landfill Gas Lease Agreement
This Amendment No. 1 to the Landfill Gas Lease Agreement, made
and entered into the 19th day of December, 1986, hereby modifies
by mutual consent, the following Articles and Paragraphs of the
Landfill Gas Lease Agreement executed on June 28, 1985, by and
between the City of Virginia Beach and American Gas Recovery
Corporation. This Amendment shall be incorporated with, and
become an integral part of the Lease Agreement, and shall
exercise the same force and effect as the remaining paragraphs of
that document.
The following provisions are hereby added to the Landfill Gas
Lease Agreement:
3.7 Lessee shall develop an Interim Gas Management Plan to
control gas emissions during the period between the
original and actual start-up dates of the project. The
plan shall include a system(s) to mitigate nuisance
odor problems at Landfill No. 2, and to discharge the
gases to the atmosphere in an environmentally-sound and
safe manner which is acceptable to Lessor. Lessee
shall be re@ponsible for implementation and maintenance
of the Interim Gas Management System until active
landfill gas extraction activities commence.
3.8 Lessee shall comply with the Milestone schedule
presented herein.
Item Submittal or Completion Date
Submit Interim GaS Management January 1, 1987
Program for review and
approval.
Prepare and submit permit January 1, 1987
applications to regulatory
agencies.
Retest and verify landfill gas January 1, 1987
capacity.
Initiate implementation of February 1, 1987
Interim GAs Management Program.
obtain Power Purchase Contract February 1, 1987
with Virginia Power.
Complete engineering of March 1, 1987
electrical generation facilities.
Place order for electrical March 1, 1987
generation equipment and facilities.
obtain regulatory permits. May 1, 1987
Receive delivery of electrical November 1, 1987
generation equipment and facilities.
Complete installation of electrical January 1, 1988
generation facility.
Complete "debugging" of electrical February 1, 1988
generation facility.
Complete shakedown and personnel March 1, 1988
training.
Complete continuous service April 1, 1988
interconnect with virginia Power.
3.9 Lessee shall provide Lessor with a Monthly Progress
Report indicating the status of each milestone item
identified in Paragraph 3.8. Failure of the lessee to
meet the completion date of any item in the Milestone
Schedule without reasonable cause shall be considered a
2
def ault of the L.ease Agreement. The Lessor shall
therefrom retain the right to terminate the Lease
Agreement in accordance with Article XII, Paragraph
12.1.
Ar@icle VI, Sections 6.2 and 6.3 are hereby amended to read as
follows:
6.2 Lessee hereby agrees to pay Lessor a royalty in the
amount of 0.00035 dollars per 500 BTU of influent gas
available at the facility for processing or for
generating electricity for the initial 17 years of the
Lease term. Thereafter, the royalty shall increase on
the anniversary date of the execution of this Lease,
and annually thereafter, based upon the annual
percentage increase in the Consumer Price Index for all
urban wage earnings and clerical workers (revised CPI-
W), published by the Bureau of Labor Statistics of the
U.S. Department of Labor, over the prior one year
period. The royalty shall be paid to Lessor on or
before the fourth day of each month based on the
previous month's metered flow volume. For purposes of
this Lease, the Term "Flow Volume" shall mean all gas
extracted from the landfill by Lessee and available for
processing at the facility.
6.3 Lessee hereby agrees to pay Lessor a fee in the amount
of $10,000 per month for every month, or prorated share
on a daily basis, that the facility is not operational;
this fee shall be due during all "not operational"
months or portions thereof commencing April 1, 1988.
For purposes of this Lease, the term "Not Operational"
shall mean not able to collect, treat and process
landfill gas due to incomplete construction and/or
faulty performance, or for any reason other than the
lack of landfill gas available for processing.
IN WITNESS WHEREOF, the parties hereto have duly executed this
Lease Agreement No. 1 as of the day and year first above written.
LESSOR: City of Virginia Beach
Witness: By:
Name:
Title:
LESSEE
Witnes@ By: f7
Name: DA &Ii 0
Title: @f2@ulm
A,pFi@r,VED AS
APtIKUVEi) AS TO CC)Ili i "I I S
SIGNATURE
PFF; A;M;t4T
I)EPARTMENT
APPROVED AS TO LEGAL
SUFFICIENC@ AND F, RM
4
@XIIISI 7-
ASSIGNMENT CONSENT AGREEMENT
By and Between
The city of Virginia Beach (Lessor) and AMerican Gas
Recovery Corporation, (Lessee) and Biogas Recovery Partners, Inc.
(Assignee).
W I T N E S S E T H:
WHEREAS, on the 28th day of June, 1985, the city of Virginia
Beach entered into a Lease with American Gas Recovery Corporation
which granted to Lessee the exclusive rights to the landfill gas
and constituent products which are produced and recovered from
the existing landfill area indicated on the landfill expansion
plans for this purpose, and
NOW WHEREAS, in consideration of the mutual covenants herein
contained and other good and valuable consideration, the
aforesaid parties agree as follows:
1. Lessor herein grants to Lessee the unrestricted right to
assign the subject Landfill Gas Agreement to Biogas Recovery
Partners, Inc.
2. Biogas Recovery Partners, Inc. hereby agrees to assume
all rights, duties and obligations as stated in the aforesaid
Landfill Gas Agreement and the amendment thereto designated as
Amendment No. 1, dated December 19, 1986.
3. Except as provided in Paragraph 1 above, all of the
provisions contained in the Landfill Gas Lease Agreement dated
June 28, 1985, and the Amendment Agreement dated December 19,
1986, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have duly executed
this Agreement this day of ? @ , 1 9 8 -7 -
LESSOR: City of Virginia Beach
@WITNESS: BY:
NAME:
TITLE:
LESSEE: A
WITNESS: 11(21,tC@X BY:
NAME:
TITLE:
ASSIGNEE: Biogas Recovery
Partners, Inc.
WITNESS: BY:
NAME: -A/lan H. Silverstein
TITLE: SecreLary
APPR@D AS TO CC14T[,I@T APPROVED AS TO COr4 i c,,
I
SIGNATURE
DEPARTMENT
DEPARTMENT
APPROVED A') TO I.EGAL
SU F!c
2 11-3 47
- 29 -
Item III-H.3
CONSENT AGENDA ITEM # 27234
R. L. Kent Hinnant, President of Ocean Rescue Service, responded to City
Council inquiries, advised equipment would be upgraded to insure safety
and in future years when the franchise has expired, new equipment will be
supplied to augment the present supply. Mr. Hinnant expressed concern
relative the safety of "shoulder months", those months where weather is
still warm, but as they follow the regular summer months and no lifeguard
protection is afforded. A merger would assist in this program. The merger
will provide a more efficient and effective life-saving service.
Upon motion by Councilman Fentress, seconded by Councilman Baum, City Coucnil
ADOPTED:
Ordinance consenting to the merger of Virginia
Beach Patrol, Incorporated and Ocean Rescue
Service, Incorporated, and the creation of Virginia
Beach Lifesaving Service, Incorporated, with the
terms and conditions of the existing lifeguard
franchises operated by the merging parties the
degree determined by the Department of Parks and
Recreation to be necessary to maintain or increase
the existing level of safety provided to the
Public.
When the Franchise has expired, new rental equipment will be provided to
augment the present supply and insure safety.
Voting: 7-4
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Mayor Robert G. Jones, Reba S.
McClanan and John L. Perry
Council Members Voting Nay;
Barbara M. Henley, John D. Moss, Vice Mayor Meyera E.
Oberndorf and Nancy K. Parker
Council Members Absent:
None
0
>
2 AN ORDINANCE CONSENTING TO THE MERGER OF
3 VIRGINIA BEACH PATROL, INC. AND OCEAN RESCUE
4 SERVICE, INC. AND THE CREATION OF VIRGINIA
5 BEACH LIFESAVING SERVICE, INC. CONDITIONED ON
6 CONTINUED COMPLIANCE BY THE VIRGINIA BEACH
7 LIFESAVING SERVICE, INC. WITH THE TERMS AND
8 CONDITIONS OF THE EXISTING LIFEGUARD
9 FRANCHISES OPERATED BY THE MERGING PARTIES TO
10 THE DEGREE DETERMINED BY THE DEPARTMENT OF
11 PARKS AND RECREATION TO BE NECESSARY TO
12 MAINTAIN OR INCREASE THE EXISTING LEVEL OF
13 SAFETY PROVIDED TO THE PUBLIC
14
15
16 WHEREAS, by letter to the City Manager, dated January 29,
17 1987, Mr. R. L. Kent Hinnant, President of Ocean Rescue Service,
18 Inc., informed the City of the merger of his corporation with
19 Virginia Beach Patrol, Inc. and the creation of Virginia Beach
20 Lifesaving Service, Inc.; and
21 WHEREAS, in said letter, Mr. Hinnant requested that the City
22 consent to such merger and officially recognize the newly created
23 corporation as the franchisee for the two existing lifeguard
24 franchises; and
25 WHEREAS, paragraph 15 of the Franchise Agreement entered
26 into between the City and Ocean Rescue service, Inc., dated April
27 25, 1983, and covering 40th to 21st Streets and paragraph 15 of
28 the Franchise Agreement entered into between the City and
29 Virginia Beach Patrol, Inc., dated April 25, 1983, and covering
30 21st Street to Rudee Inlet, state that "Franchisee shall not ...
31 assign any of its rights, privileges, duties or obligations under
32 this Agreement without prior, written consent of the City;" and
33 WHEREAS, City Council's primary concern is to ensure that
34 the lives and safety of citizens and visitors who enjoy the
35 franchise areas are protected at least to the same degree as they
36 have been protected under the existing Franchise Agreements; and
37 WHEREAS, it is the opinion of the Department of Parks and
38 Recreation and the Resort Programs Office, after mature
39 consideration of the request, that a consolidation of lifeguard
40 operations under one franchisee will directly benefit the City by
41 permitting ocean Rescue Service, Inc. and Virginia Beach Patrol,
42 Inc. to benefit from economies of scale thereby enabling them to
43 provide a more efficient and effective lifesaving service, and
44 will further benefit the City by allowing the administrative and
45 enforcement arms of the Department of Parks and Recreation to
46 centralize their activities with respect to the lifeguard
47 operations; and
48 WHEREAS, the mature consideration of the request has not
49 uncovered any foreseeable problems with the merger, or resultant
50 detrimental effects to the City, or to the public; and
51 WHEREAS, Ocean Rescue Service, Inc. and virginia Beach
52 Patrol, Inc. have agreed, and by this Ordinance are bound, to
53 continue to provide the same, or a higher, quality of services as
54 are currently provided under the existing Franchise Agreements,
55 which services shall be closely monitored by appropriate City
56 staff,
57 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
58 VIRGINIA BEACH, VIRGINIA:
59 That the City Council hereby consents to the merger of
60 Virginia Beach Patrol, Inc. and Ocean Rescue Service, Inc. and
61 the creation of Virginia Beach Lifesaving Service, Inc.
62 conditioned on continued compliance by Virginia Beach Lifesaving
63 Service, Inc. with the terms and conditions of the existing
64 lifeguard franchises operated by the merging parties to the
65 degree determined by the Department of Parks and Recreation to be
66 necessary to maintain or increase the existing level of safety
67 provided to the public.
68 This ordinance shall be effective upon the date of its
69 adoption.
70 Adopted by the Council of the City of Virginia Beach,
71 Virginia, on this 20 day of April 1987.
72 RMB/dga
73 life.ord
74 April 2, 1987
75
76
77
2
- 30 -
Item III-H.4
CONSENT AGENDA ITEM # 27235
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED upon SECOND READING:
Ordinance to accept and appropriate $120,080 from
the Commonwealth for Public Assistance and $30,020
from the General Fund Reserve for Contingencies to
the Grants Consolidated Fund for a Special Social
Service Demonstration Project Grant.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
AN ORDINANCE TO APPROPRIATE $150,100
AS A suppLEKKNT To THE DEPARTMENT OF SOCIAL SERVI[CES
FOR A WELFARE REFOIRM DEMONSTRATION PROJECT
WHEREAS, the Virginia Beach Department of Social Services has been
involved in a three year study to expand the scope and effectiveness of welfare
client assessment and intervention to better address welfare dependency and,
WHEREAS, preliminary findings of this study hold such promise that a
project proposal for implementation of study findings received positive support
from both the Commissioner of the Virginia State Department of Social Services
and the American Public Welfare Association and,
WHEREAS, the State Department of Social Services has shown its
commitment to this project through State departmental development of an
evaluation methodology and agreement to contract for and fund project evaluation
and,
WHEREAS, the State Department of Social Services has further shown its
commitment through allocation of $120,080 to implement a one year model project
in Virginia Beach, with potential for extension to a second year, based on
evaluation outcome and,
WHEREAS, the City of Virginia Beach has been asked to provide twenty
percent of the project cost in the amount of $30,020 as a program match.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA, that supplemental funding in the amount of $150,100 be
appropriated to the Grants Consolidated Fund for a Special Social Service
Demonstration Project Grant.
BE IT FURTHER ORDAINED that this approp@iation be supported by an
allocation from the General Fund Reserve for Contingencies in the amount of
$30,020 and by an increase in anticipated revenue from the Commonwealth for
Public Assistance in the amount of $120,080.
BE IT FURTHER ORDAINED that the staffing of the Department of Social
Services be increased by six full time employees for the duration of the
Demonstration project.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on
the 20 d,y of April 1987.
First Reading Aprill3, 1987
Second Reading April 20, 1987
- 31 -
Item III-H-5-
CONSENT AGENDA ITEM # 27236
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED upon SECOND RFADING:
Ordinance to accept and appropriate a $60,100 grant
from the Virginia Department of Corrections to
supplement the Virginia Beach Community Diversion
Incentive Program Grant for FY 1986-1987.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
AN ORDINANCE TO APPROPRIATE AND ACCEFT
A $60,100 GRANT FROM THE DEPARTMENT OF
CORRECTIONS SUPPLEMENTING THE COMMUNITY
DIVERSION INCENTIVE FROGRAM GRANT
FOR FY 1986-1987
WHEREAS, the Virginia General Assembly has enacted the Cormnunity
Diversion Incentive Program which makes funds available to jurisdictions within
the Commonwealth for the purposes of diverting qualified non-violent offenders
from the State penitentiaries for the purpose of rehabilitating these offenders
and allowing them tbe opportunity to make restitution for their crimes, and
WHERF.AS, the City of Virginia Beach is currently operating such a
program, and
WHEREAS, the Virginia Department of Corrections has approved
supplement to the Virginia Beach Community Diversion Program for additional
clients which exceed the original diversion goals, and
WHEREAS, the funds received through this grant are anticipated to be
used in the following programs:
Non-residential $ 5,000
Evaluation Services 7,000
CDI Residential Center 20,000
Contracted Community Residential Services 10,000
CSO Coordinator 18,100
$ 60,100
WHERF-AS, this program is 100% funded by the Department of Corrections
and requires no local expenditure of funds.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA that the City Manager is hereby authorized to accept a supplement
to the Cormnunity Diversion Incentive Program Grant, and
BE IT FURTHER ORDAINED that the funds are appropriated in the amount of
$60,100 for the Community Diversion Incentive Frogram Grant with a corresponding
increase in estimated revenue from the Cormnonwealth.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
20 day of April 1987.
First Reading: Apcil 13, 1987
Second Reading: April 20, 1987
- 32 -
Item III-H.6.
CONSENT AGENDA ITEM # 27237
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED upon SECOND READING:
Ordinance to appropriate $8,000 from the General
Fund Reserve for Contingencies and accept grant
funds in the amount of $40,000 from the Virginia
Council on the Environment to the Grants
Consolidated Fund for the development of a
shoreline public access/beach restoration plan.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
AN ORDINANCE TO APPROPRIATE $48,000
FOR A COASTAL RESOURCES MANAGEMENT PLAN
AND ACCEPT GRANT FUNDS IN THE AMOUNT OF $40,000
FROM THE VIRGINIA COIJNCIL ON THE ENVIRONMENT
WHEREAS, the City of Virginia Beach in its interest to preserve and protect
the natural resources of the City has expressed a concern to manage the City's
beaches, and
WHEREAS, the City staff has identified the need to create a comprehensive
plan to address the access and utilization of the City's public beaches, and
WHEREAS, funds to develop a shoreline public access/beach restoration plan
are available from the Virginia Council on the Environment, and
WHEREAS, the Virginia Council on the Envirorunent has awarded a grant of
$40,000 to be matched by a supplement of $8,000 from the City.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VTRGINIA BEACH,
VIRGINIA that funding in the amount of $48,000 be appropriated to the Grants
Consolidated Fund for the development of a shoreline public access/beach
restoration plan, and
BE IT FURTHER ORDAINED that this appropriation be supported by a allocation
from the General Fund Reserve for Contingencies in the amount of $8,000 and an
increase in estimated revenue from the Commonwealtb in the amount of $40,000, and
BE TT FURTHER ORDAINED that the City Manager is authorized to enter into the
appropriate contractual arrangements with the Virginia Council on the Environment
in support of a shoreline public access/beach restoration plan.
This ordinance shall be effective form the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia the
20 day of April 1987.
FIRST READING: Apcil 13, 1987
SECOND READING: April 20, 1987
- 33 -
Item III-H.7
CONSENT AGENDA ITEM # 27238
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
APPROVED upon FIRST READING:
Ordinance to appropriate $69,300 for the
Lease/Purchase of the Alcohol Detoxification
Center.
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
AN ORDINANCE TO APPROPRIATE $ 69,300
FOR 'rtle LEASE PURCHASE OF THE
ALCOHOL DETOXIFICERION CENTER
WHEREAS, the city of Virginia Beach, Virginia currently rents the
Alcohol Detoxification Building from Design Space International, and
WHEREAS, the three year lease on the structure currently requires a
monthly payment of $2,895 with the right to either renew the lease or purchase
the building at the end of the initial period, and
WHERF-AS, tbe city can exercise its option to purchase the building at a
purchase cost of $69,300 and lease purchase the structure over five years with
and monthly lease purchase amount of $1,424, and
WHEREAS, renewing the lease for an additional three year period would
cost the city a monthly rental fee of $2,000 per month with the option to
purchase the structure at the end of the second three year period at a cost of
$43,600, and
WHEREAS, a rental fee will be charged to the Community Services Board
for usage of the structure thereby maintaining level state funding for the
program while generating additional revenues to the city.
NOW, TilEREFORE, BE IT ORDAINED, that the funds are appropriated in the
amount of $69,300 for the lease purchase of the Alcohol Detoxification Center
with a corresponding increase in estimated revenue.
BE IT FURTHER ORDAINED, that the City Council authorizes the City
Manager to enter into a lease purchase agreement for the acquisition of the
Alcohol Detoxification Center at a purchase cost of $69,300 and to adjust the FY
1987-88 Operating Budget Debt Service to reflect the annual lease purchase
payment of $17,088.
This ordinance shall be effective from the date of its adoption.
Adopted by the Council of the City of Virginia Beach, Virginia on the
day of 1987.
First Reading: April 20, 1987
API>ROVED AS TO CONTENT
Second Reading:
11, E@, llz-@ All, NT
TOE
F
- 34 -
Ttem ITT-H.8
CONSENT AGENDA ITEM # 27239
Upon motion by Councilman Baum, seconded by Councilwoman Parker, City Council
ADOPTED:
Ordinance authorizing a temporary encroachment into
the north and south sides of the right-of-way of
39th Street to Oceanview Virginia Beach Real Estate
Associates, its assigns and successors in title.
The following conditions shall be required:
1. The owner agrees to remove the encroachment when
notified by the City of Virginia Beach, at no
expense to the City.
2. The owner agrees to keep and hold the City free and
harmless of any liability as a result of the
encroachment.
3. The owner agrees to maintain said encroachment so
as not to become unsightly or a hazard.
4. The owner must submit and have approved, a traffic
control plan before commencing work within the
City's right-of-way.
5. Prior to any construction within the existing
public right-of-way, the owner or his agent shall
obtain a permit from the Highway Inspections
Bureau.
6. Prior to issuance of a highway permit, the owner or
his agent must post a Performance Bond and show
proof of public liability (minimum $300,000).
Voting: 10-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Reba S.
McClanan, John D. Moss, Vice Mayor Meyera E.
Oberndorf, Nancy K. Parker and John L. Perry
Council Members Voting Nay:
None
Council Members Absent:
Mayor Robert G. Jones
1 Requested by Department of Public Works
2
3 AN ORDINANCE TO AUTHORIZE
4 A TEMPORARY ENCROACHMENT
5 INTO THE NORTH AND SOUTH
6 SIDES OF THE RIGHT-OF-WAY
7 OF 39TH STREET TO
8 OCEANVIEW VIRGINIA BEACH
9 REAL ESTATE ASSOCIATES,
10 ITS ASSIGNS AND
11 SUCCESSORS IN TITLE
12
13 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
14 BEACH, VIRGINIA:
15 That pursuant to the authority and to the extent
16 thereof contained in Section 15.1-893, Code of Virginia, 1950, as
17 amended, the Oceanview Virginia Beach Real Estate Associates, its
18 assigns and successors in title are authorized to construct and
19 maintain a temporary encroachment into the North and south sides
20 of the City's right-of-way of 39th Street.
21 That the temporary encroachment herein authorized is
22 for the purpose of constructing and maintaining backlit canvas
23 awnings over existing overhang encroachments and that said
24 encroachment shall be constructed and maintained in accordance
25 with the City of Virginia Beach Public Works Department's
26 specifications as to size, aligrunent and location, and further
27 that such temporary encroachment is more particularly described
28 as follows:
29
30 An area of encroachment into the
31 North and South sides of a portion
32 of the City's right-of-way known as
33 39th Street as shown on that
34 certain plat entitled: "CHARLES
35 GILLER ASSOCIATES ARCHITECTS-
36 INCORPORATED 1301 DADE BLVD. MIAMI
37 BEACH, FLORIDA 33139 (305) 531-0333
38 SCALE: 1" = 251-011 DATE: 12 MAR
39 87,11 a copy of which is on file in
40 the Department of Public Works and
41 to which reference is made for a
42 more particular description.
43
44 PROVIDED, HOWEVER, that the temporary encroachment
45 herein authorized shall terminate upon notice by the City of
46 Virginia Beach to any officer of Oceanview Virginia Beach Real
47 Estate Associates, its assigns and successors in title and that
48 within thirty (30) days after such notice is given, said
49 encroachment shall be removed from the North and South sides of
50 the City's right-of-way of 39th Street and that the Oceanview
51 Virginia Beach Real Estate Associates, its assigns and successors
52 in title shall bear all costs and expenses of such removal.
53 AND, PROVIDED FURTHER, that it is expressly understood
54 and agreed that the Oceanview Real Estate Associates, its assigns
55 and successors in title shall indemnify and hold harmless the
56 City of Virginia Beach, its agents and employees from and against
57 all claims, damages, losses and expenses including reasonable
58 attorney's fees in case it shall be necessary to file or defend
59 an action arising out of the location or existence of such
60 encroachment.
61 AND, PROVIDED FURTHER, that this ordinance shall not be
62 in effect until such time that the Oceanview Virginia Beach Real
63 Estate Associates executes an agreement with the City of Virginia
64 Beach encompassing the afore-mentioned provisions.
65 Adopted by the Council of the City of Virginia Beach,
66 Virginia, on the 20 day of April 19 87
67
68
69 JAS/ih
70 03/24/87
71 CA-87-02206
72 (encroach\ocean.ord)
APpROVED AS TO CON'F ENT
10
2
- 35 -
Item III-I
UNFINISHED BUSINESS ITEM # 27240
ADD-ON
Councilman Baum referenced the BACK BAY/NORTH LANDING RIVER MANAGEMENT PLAN.
Relative the portion below the GREEN LINE, Storm Water Management should be
under the Department of Agriculture and the Soil Conservation Service. If City
Council approves any farmette development below the GREEN LINE, then the City
Engineer should be responsible for enforcing the STORM WATER MANAGEMENT
Ordinance. If an Advisory Committee is appointed, as recommended, they should
not have jurisdiction below the GREEN LINE until an AGRICULTURAL/EGONOMIC STUDY
has been conducted of the PUNGO/BLACKWATER area.
Councilman Baum advised his main concern was grain farming which was under a
financial strain. Relative the language in the COMPREHENSIVE PLAN concerning
the Blackwater/Pungo area, much of this language is general and should be
reviewed. Strip development should be defined, other kinds of farming possible
and ideas relative pollution examined. A Resolution concerning same will be
DRAFTED for the City Council Meeting of April 27, 1987. Said Resolution will
request the PLANNING COMMISSION to consider the aformentioned items.
- 36 -
Item III-I.2
UNFINISHED BUSINESS ITEM # 27241
ADD-ON
Councilwoman Henley advised the issue of whether or not to maintain controls on
residential subdivisions in the AG-1 zoning area has become an issue of
concern. Councilwoman Henley distributed information leading to the present
zoning categories and the Conditional Use Permit process. A lettter from
Councilman Baum, dated February 8, 1987, relative revising the Comprehensive
Zoning Ordinance regarding farmettes was also included. (Said information is
hereby made a part of the record.)
Councilwoman Henley in a letter distributed to the Mayor, Members of City
Council and the City Manager's staff, requested definitive answers to determine
the future course of action. Further copies of verbatims concerning same will
be supplied upon request.
- 37 -
Item III-K.
RECESS ITEM # 27242
Upon motion by Councilman Heischober, seconded by Vice Mayor Oberndorf, City
Council RECESSED until 12:00 NOON, April 21, 1987, at which time to RECONVENE
for the AWARDING of the LOW BID for $46,000,000 General Obligation Public
Improvement Bonds, Series 1986:
$24,100,000 1986 Charter Bonds
$19,500,000 School Referendum Bonds, Series 1986
$ 2,400,000 Street and Highway Referendum Bonds, Series 1986
Voting: 11-0
Council Members Voting Aye:
Albert W. Balko, John A. Baum, Robert E. Fentress,*
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, John D. Moss, Vice Mayor
Meyera E. Oberndorf, Nancy K. Parker and John L.
Perry
Council Members Voting Nay:
None
Council Members Absent:
None
*Verbal Aye
M I N U T E S
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
April 21, 1987
The REGULAR SESSION of the VIRGINIA BEACH CITY COUNCIL, which RECESSED at
6;04 P.M., Monday, April 20, 1987, was called to order by Mayor Robert Jones
in the Conference Room, City Hall Building, on Tuesday, April 21, 1987, at
12:00 NOON.
Council Members Present:
Albert W. Balko, John A. Baum, Robert E. Fentress,
Harold Heischober, Barbara M. Henley, Mayor Robert G.
Jones, Reba S. McClanan, Vice Mayor Oberndorf, Nancy
K. Parker and John L. Perry
Council Members Absent:
John D. Moss